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Front Page arrow Titles (by Subject) arrow SECT. I.: Of the extreme Difficulty in procuring Justice at Rome, against any considerable Criminal. - The Works of Sallust (Gordon's Discourses, Cicero's Orations against Catiline)

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Subject Area: Political Theory
Subject Area: History

SECT. I.: Of the extreme Difficulty in procuring Justice at Rome, against any considerable Criminal. - Gaius Sallustius Crispus (Sallust), The Works of Sallust (Gordon’s Discourses, Cicero’s Orations against Catiline) [1744]

Edition used:

The Works of Sallust, translated into English with Political Discourses upon that Author. To which is added, a translation of Cicero’s Four Orations against Catiline (London: R. Ware, 1744).

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SECT. I.

Of the extreme Difficulty in procuring Justice at Rome, against any considerable Criminal.

IN a State where Corruption so exceedingly prevailed, both by Faction and Bribery, (for Party corrupts as powerfully as Money) it is no Wonder, to find the Parts resembling the Whole, all tainted by the general Contagion; the People sordid, as well as seditious; the Senators rapacious, as well as profuse; Justice sold, because the Seats of Justice were bought; the Provinces, having cost their Governors great Sums to purchase them, plundered and scraped to the Bone, that the Purchasers might repay themselves Tensold; Oppressors safe; since, having payed a Price for oppressing, they claimed a Right to oppress; and the greatest Criminal never found so, till he was found, first, poor.

Did a distressed Prince or State, even such as were under the Protection of the Roman Commonwealth, apply to the Roman Senate for Relief? It availed little, if the Offender could but prove his Innocence by large Bribes. At best, an Admonition is sent to him to forbear; that is, in Effect, an Order to send fresh Fees to his Judges; and not to forget their Deputies, that these may make a favourable Report. Perhaps, after repeated Complaints and Representations of his barbarous Outrages, and Acts of Tyranny, he is summoned to appear in Person, and to answer the Charge: Still he may deny all, and be believed, (for, why should a Man be condemned upon the Accusation of his Enemies?) if he do but confirm his Denial by more Treasure. Though his Deeds be black as Hell, his Guilt as apparent as the Day, the Suit may depend, and he be safe, for many Years, provided he has large Presents to urge in his Defence.

Whose Crimes were or could be more black, manifest, unprovoked, and crying, than those of Jugurtha? Yet he wanted not many Advocates in the Senate, who, for ready Money, or the Hopes of it, boldly denied them to have been done; or defended them, as done in his own Defence. Such, whom he had traiterously murdered, or whose Murder he was openly pursuing, were said to have laid Plots to murder Him; and, whilst at the Head of a great Army, in the Face of the Sun, he was usurping and ravaging the Dominions of a poor weak Prince, who only fled before him; nay, when he had already usurped those Dominions, still the poor suffering Prince was the Aggressor, and the bloody Jugurtha was vindicated, as forced to Arms, for his own Security against the terrible Attempts of his persecuted, desolate, and forlorn Enemy; whom, having stripped him of all but Life, he soon bereft of That, with all the Circumstances of savage Cruelty.

All this will be fully and finely illustrated in Sallust’s Account of the Jugurthine War.