er any fixed authority for giving instructions, or any serious
preliminary investigation, in Roman criminal procedure. And, as the
ultimate criminal jurisdiction was exercised in the forms and by
the organs of legislation, and never disowned its origin from the
prerogative of mercy; as, moreover, the treatment of police fines had
an injurious reaction on the criminal procedure which was externally
very similar; the decision in criminal causes was pronounced--and that
not so much by way of abuse, as in some degree by virtue of the
constitution--not according to fixed law, but according to the
arbitrary pleasure of the judges. In this way the Roman criminal
procedure was completely void of principle, and was degraded into
the sport and instrument of political parties; which can the less be
excused, seeing that this procedure, while especially applied to
political crimes proper, was applicable also to others, such as murder
and arson. The evil was aggravated by the clumsiness of that
procedure, which, in concert with the haughty republican contempt for
non-burgesses, gave rise to a growing custom of tolerating, side by
side with the more formal process, a summary criminal, or rather
police, procedure against slaves and common people. Here too the
passionate strife regarding political processes overstepped natural
limits, and introduced institutions which materially contributed to
estrange the Romans step by step from the idea of a fixed moral order
in the administration of justice.
Religion--
New Gods
We are less able to trace the progress of the religious conceptions of
the Romans during this epoch. In general they adhered with simplicity
to the simple piety of their ancestors, and kept equally aloof from
superstition and from unbelief. How vividly the idea of spiritualizing
all earthly objects, on which the Roman religion was based, still
prevailed at the close of this epoch, is shown by the new "God of
silver" (-Argentinus-), who presumably came into existence only in
consequence of the introduction of the silver currency in 485, and who
naturally was the son of the older "God of copper" (-Aesculanus-).
The relations to foreign lands were the same as heretofore; but here,
and here especially, Hellenic influences were on the increase. It was
only now that temples began to rise in Rome itself in honour of the
Hellenic gods. The oldest was the temple of Castor and Pollux, which
had been vowed in the battle a
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