94 



that in spite of a change of form the old spirit pervades the new 

 organization, and even under the most favourable circumstances, vrhen 

 a master mind directs and controls the reform, it cannot be, but that 

 imperfections insensibly glide from the old system into the new. 



Thus it was with the reforms in the administration of justice intro- 

 duced by Augustus and Tiberius. The former had soon found it necessary 

 to put an end to the mock trials of the popular assembly, and he 

 endeavoured to place the criminal tribunals on a sound basis. Yet 

 Tiberius found the old spirit of partiality rampant, and though he 

 endeavoured to counteract it, he produced but very slight results. It 

 was his custom, as Tacitus (Ann. i., 75,) and Dion Cassius (5 7, 7,) relate, 

 personally to go to the different tribunals and to watch their proceed- 

 ings. His object was to prevent the subversion of justice through the 

 party influence of great men.'" There can be no doubt, that by his 

 interposition he compelled the tribunals to follow the dictates of justice 

 rather than of favour, but that he failed to instil into them the prin- 

 ciples of unadulterated justice, seems clear from the invidious remark 

 of Tacitus, that "whilst this justice was assisted, liberty was corrupted."-' 

 This shows that even in the opinion of the great historian the liberty 

 of straining the law for the benefit of the gi'eat was more desireable 

 than the necessity of submitting to just decisions. 



We have spoken above of the activity of Tiberius in the general 

 administration. It was not less striking in his attention to the due 

 distribution of justice. We cannot help wondermg, how he found 

 time, bodily strength, and mental energy to go through all the work he 

 did. He was always on the alert, always ready to act, when an object 

 was to be obtained. The reader of Tacitus needs no citation in proof 

 of this fact. We will therefore only select one instance, which is too 

 characteristic to be omitted. The Prfetor Plautius Silanus was 

 charged with having murdered his wife by throwing her out of the 

 window of her bedchamber. Silanus wished to make it appear that 

 his wife had sought a voluntary death. Tiberius, as soon as he heard 

 of the charge, proceeded in person to the Praetor's house, examined the 

 room, and satisfied himself, that there were indications of a struggle 

 between the unfortunate lady and her murderer, and he referred the 

 matter to the senate and the regular tribunal. The self-murder of 

 Silanus terminated this tragedy, which exhibits in a strildug light the 

 honourable conduct of Tiberius, and shows that in his anxiety to 

 promote the public good, he cheerfully sacrificed his own ease, and 

 used the weight of his station to bring a high-born offender to justice. 



•' Tac. 1. c. Multaqiie eo coram adversus ambilum etpotc/ilium prcccs constitute. 

 '" Sed dum veritali consulitur, libertas corrumpebatur. 



