of senator by one means or another, a great many political unions and
combinations were formed aiming at all the offices. The consuls took
this course not because they were angry at the affair--they themselves
were shown to have been actively engaged, and Piso, who was indicted by
several persons on this charge, escaped being brought to trial only by
purchasing exemption--but because pressure had been exerted by the
senate. The reason for this was that one Gaius Cornelius, while tribune,
undertook to lay very severe penalties upon such unions, and the
populace sided with him. The senate, being aware that an excessive
punishment threatened has some deterrent force, but that men are then
not easily found to accuse or condemn the guilty, since the latter will
be in desperate danger, whereas moderation stimulates many to
accusations and does not divert condemnations, was desirous of
remodeling his proposition somehow, and bade the consuls frame it as a
law.[-39-] Now when the comitiae had been announced in advance and
accordingly no law could be enacted till they were held, the canvassers
kept doing much evil in this intervening time, to such an extent that
assassinations occurred. As a consequence the senators voted that the
law should be introduced before the elections and a body-guard be given
to the consuls. Cornelius, angry at this, submitted a proposal that the
senators be not allowed to grant office to any one seeking it in a way
not prescribed by law, nor to vote away any other prerogative of the
people. This had been the law from very early times: it was not,
however, being observed in practice. Thereupon arose a great uproar,
since many of the senate and Piso in particular resisted; the crowd
broke his staves to pieces and threatened to tear him limb from limb.
Seeing the rush they made, Cornelius for the time being before calling
for any vote dismissed the assembly: later he added to the law that the
senate should invariably hold a preliminary consultation about these
cases and that it be compulsory to have the preliminary degree ratified
by the people.[-40-] So he secured the passage of both that law and
another now to be explained.
All the praetors themselves compiled and published the principles
according to which they intended to try cases; for all the decrees
regarding contracts had not yet been laid down. Now since they were not
in the habit of doing this once for all and did not observe the rules as
writt
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