Process Against Rabirius
The mode in which the democracy dealt with the ancient criminal jurisdiction of the comitia was characteristic. It had not been properly abolished by Sulla, but practically the jury-commissions on high treason and murder had superseded it,(5) and no rational man could think of seriously re-establishing the old procedure which long before Sulla had been thoroughly unpractical. But as the idea of the sovereignty of the people appeared to require a recognition at least in principle of the penal jurisdiction of the burgesses, the tribune of the people Titus Labienus in 691 brought the old man, who thirty-eight years before had slain or was alleged to have slain the tribune of the people Lucius Saturninus,(6) before the same high court of criminal jurisdiction, by virtue of which, if the annals reported truly, king Tullus had procured the acquittal of the Horatius who had killed his sister. The accused was one Gaius Rabirius, who, if he had not killed Saturninus, had at least paraded with his cut-off head at the tables of men of rank, and who moreover was notorious among the Apulian landholders for his kidnapping and his bloody deeds. The object, if not of the accuser himself, at any rate of the more sagacious men who backed him, was not at all to make this pitiful wretch die the death of the cross; they were not unwilling to acquiesce, when first the form of the impeachment was materially modified by the senate, and then the assembly of the people called to pronounce sentence on the guilty was dissolved under some sort of pretext by the opposite party--so that the whole procedure was set aside. At all events by this process the two palladia of Roman freedom, the right of the citizens to appeal and the inviolability of the tribunes of the people, were once more established as practical rights, and the legal basis on which the democracy rested was adjusted afresh.
Personal Attacks
The democratic reaction manifested still greater vehemence in all personal questions, wherever it could and dared. Prudence indeed enjoined it not to urge the restoration of the estates confiscated by Sulla to their former owners, that it might not quarrel with its own allies and at the same time fall into a conflict with material interests, for which a policy with a set purpose is rarelya match; the recall of the emigrants was too closely connected with this question of property not to appear quite as unadvisable. On the other hand great exertions were made to restore to the children of the proscribed the political rights withdrawn from them (691), and the heads of the senatorial party were incessantly subjected to personal attacks. Thus Gaius Memmius set on foot a process aimed at Marcus Lucullus in 688. Thus they allowed his more famous brother to wait for three years before the gates of the capital for his well-deserved triumph (688-691). Quintus Rex and the conqueror of Crete Quintus Metellus were similarly insulted.
It produced a still greater sensation, when the young leader of the democracy Gaius Caesar in 691 not merely presumed to compete with the two most distinguished men of the nobility, Quintus Catulus and Publius Servilius the victor of Isaura, in the candidature for the supreme pontificate, but even carried the day among the burgesses. The heirs of Sulla, especially his son Faustus, found themselves constantly threatened with an action for the refunding of the public moneys which, it was alleged, had been embezzled by the regent. They talked even of resuming the democratic impeachments suspended in 664 on the basis of the Varian law.(7) The individuals who had taken part in the Sullan executions were, as may readily be conceived, judicially prosecuted with the utmost zeal. When the quaestor Marcus Cato, in his pedantic integrity, himself made a beginning by demanding back from them the rewards which they had received for murder as property illegally alienated from the state (689), it can excite no surprise that in the following year (690) Gaius Caesar, as president of the commission regarding murder, summarily treated the clause in the Sullan ordinance, which declared that a proscribed person might be killed with impunity, as null and void, and caused the most noted of Sulla's executioners, Lucius Catilina, Lucius Bellienus, Lucius Luscius to be brought before his jurymen and, partially, to be condemned.
Rehabilitation Of Saturninus And Marius
Lastly, they did not hesitate now to name once more in public the long-proscribed names of the heroes and martyrs of the democracy, and to celebrate their memory. We have already mentioned how Saturninus was rehabilitated by the process directed against his murderer. But a different sound withal had the name of Gaius Marius, at the mention of which all hearts once had throbbed; and it happened that the man, to whom Italy owed her deliverance from the northern barbarians, was at the same time the uncle of the present leader of the democracy. Loudly had the multitude rejoiced, when in 686 Gaius Caesar ventured in spite of the prohibitions publicly to show the honoured features of the hero in the Forum at the interment of the widow of Marius. But when, three years afterwards (689), the emblems of victory, which Marius had caused to be erected in the Capitol and Sulla had ordered to be thrown down, one morning unexpectedly glittered afresh in gold and marble at the old spot, the veterans from the African and Cimbrian wars crowded, with tears in their eyes, around the statue of their beloved general; and in presence of the rejoicing masses the senate did not venture to seize the trophies which the same bold hand had renewed in defiance of the laws.
Worthlessness Of The Democratic Successes
But all these doings and disputes, however much noise they made, were, politically considered, of but very subordinate importance. The oligarchy was vanquished; the democracy had attained the helm. That underlings of various grades should hasten to inflict an additional kick on the prostrate foe; that the democrats also should have their basis in law and their worship of principles; that their doctrinaires should not rest till the whole privileges of the community were in all particulars restored, and should in that respect occasionally make themselves ridiculous, as legitimists are wont to do--all this was just as much to be expected as it was matter of indifference.