On the days of the games which interrupted the trial, Lepida went into the theatre with some ladies of rank, and as she appealed with piteous wailings to her ancestors and to that very Pompey, the public buildings and statues of whom stood there before their eyes, she roused such sympathy that people burst into tears and shouted, without ceasing, savage curses on Quirinus, "to whose childless old-age and miserably obscure family, one once destined to be the wife of Lucius Caesar and the daughter-in-law of the Divine Augustus was being sacrificed." Then, by the torture of the slaves, her infamies were brought to light, and a motion of Rubellius Blandus was carried which outlawed her.Drusus supported him, though others had proposed a milder sentence.Subsequently, Scaurus, who had had daughter by her, obtained as a concession that her property should not be confiscated.Then at last Tiberius declared that he had himself too ascertained from the slaves of Publius Quirinus that Lepida had attempted their master's life by poison.
It was some compensation for the misfortunes of great houses (for within a short interval the Calpurnii had lost Piso and the Aemilii Lepida) that Decimus Silanus was now restored to the Junian family.
I will briefly relate his downfall.
Though the Divine Augustus in his public life enjoyed unshaken prosperity, he was unfortunate at home from the profligacy of his daughter and granddaughter, both of whom he banished from Rome, and punished their paramours with death or exile.Calling, as he did, a vice so habitual among men and women by the awful name of sacrilege and treason, he went far beyond the indulgent spirit of our ancestors, beyond indeed his own legislation.But I will relate the deaths of others with the remaining events of that time, if after finishing the work I have now proposed to myself, I prolong my life for further labours.
Decimus Silanus, the paramour of the granddaughter of Augustus, though the only severity he experienced was exclusion from the emperor's friendship, saw clearly that it meant exile; and it was not till Tiberius's reign that he ventured to appeal to the Senate and to the prince, in reliance on the influence of his brother Marcus Silanus, who was conspicuous both for his distinguished rank and eloquence.But Tiberius, when Silanus thanked him, replied in the Senate's presence, "that he too rejoiced at the brother's return from his long foreign tour, and that this was justly allowable, inasmuch as he had been banished not by a decree of the Senate or under any law.Still, personally," he said, "he felt towards him his father's resentment in all its force, and the return of Silanus had not cancelled the intentions of Augustus." Silanus after this lived at Rome without attaining office.
It was next proposed to relax the Papia Poppaea law, which Augustus in his old age had passed subsequently to the Julian statutes, for yet further enforcing the penalties on celibacy and for enriching the exchequer.And yet, marriages and the rearing of children did not become more frequent, so powerful were the attractions of a childless state.Meanwhile there was an increase in the number of persons imperilled, for every household was undermined by the insinuations of informers; and now the country suffered from its laws, as it had hitherto suffered from its vices.This suggests to me a fuller discussion of the origin of law and of the methods by which we have arrived at the present endless multiplicity and variety of our statutes.
Mankind in the earliest age lived for a time without a single vicious impulse, without shame or guilt, and, consequently, without punishment and restraints.Rewards were not needed when everything right was pursued on its own merits; and as men desired nothing against morality, they were debarred from nothing by fear.When however they began to throw off equality, and ambition and violence usurped the place of self-control and modesty, despotisms grew up and became perpetual among many nations.Some from the beginning, or when tired of kings, preferred codes of laws.These were at first ******, while men's minds were unsophisticated.The most famous of them were those of the Cretans, framed by Minos; those of the Spartans, by Lycurgus, and, subsequently, those which Solan drew up for the Athenians on a more elaborate and extensive scale.Romulus governed us as he pleased; then Numa united our people by religious ties and a constitution of divine origin, to which some additions were made by Tullus and Ancus.But Servius Tullius was our chief legislator, to whose laws even kings were to be subject.
After Tarquin's expulsion, the people, to check cabals among the Senators, devised many safeguards for ******* and for the establishment of unity.Decemvirs were appointed; everything specially admirable elsewhere was adopted, and the Twelve Tables drawn up, the last specimen of equitable legislation.For subsequent enactments, though occasionally directed against evildoers for some crime, were oftener carried by violence amid class dissensions, with a view to obtain honours not as yet conceded, or to banish distinguished citizens, or for other base ends.Hence the Gracchi and Saturnini, those popular agitators, and Drusus too, as flagrant a corrupter in the Senate's name; hence, the bribing of our allies by alluring promises and the cheating them by tribunes vetoes.Even the Italian and then the Civil war did not pass without the enactment of many conflicting laws, till Lucius Sulla, the Dictator, by the repeal or alteration of past legislation and by many additions, gave us a brief lull in this process, to be instantly followed by the seditious proposals of Lepidus, and soon afterwards by the tribunes recovering their license to excite the people just as they chose.
And now bills were passed, not only for national objects but for individual cases, and laws were most numerous when the commonwealth was most corrupt.
