7.11. 11. In what Manner the Institutions changed at Rome,
together with the Government.
As manners were supported by the domestic tribunal, they were also
supported by the public accusation; and hence it is that these two
things fell together with the public manners, and ended with the
republic.
[23]
The establishing of perpetual questions, that is, the division of
jurisdiction among the prætors, and the custom gradually introduced of
the prætors determining all causes themselves,
[24]
weakened the use of the domestic tribunal. This appears by the surprise of historians, who
look upon the decisions which Tiberius caused to be given by this
tribunal as singular facts, and as a renewal of the ancient course of
pleading.
The establishment of monarchy and the change of manners put likewise
an end to public accusations. It might be apprehended lest a dishonest
man, affronted at the slight shown him by a woman, vexed at her refusal,
and irritated even by her virtue, should form a design to destroy her.
The Julian law ordained that a woman should not be accused of adultery
till after her husband had been charged with favouring her
irregularities; which limited greatly, and annihilated, as it were, this
sort of accusation.
[25]
Sextus Quintus seemed to have been desirous of
reviving the public accusations.
[26]
But there needs very little reflection to see that this law would be more
improper in such a monarchy as his than in any other.
Footnotes
[23]
Judicio de moribus (quod antea quidem in antiquis legibus
positum erat, non autem frequentabatur) penitus abolito. Leg. 11. "Cod.
de repud."
[24]
Judicia extraordinaria.
[25]
It was entirely abolished by Constantine: "It is a shame," said
he, "that settled marriages should be disturbed by the presumption of
strangers."
[26]
Sextus Quintus ordained, that if a husband did not come and make
his complaint to him of his wife's infidelity, he should be put to
death. See Leti, Life of Sextus V.
