§407. The Law.--Closely connected with the political career then as now was that of the law, but Rome knew of no class of professional advocates practicing for fees and living upon their practice. And there were no conditions imposed for practicing in the courts, not even the good moral character which is insisted upon in Indiana. Anyone could bring suit against anyone else on any charge that he pleased, and it was no uncommon thing for a young politician to use this license for the purpose of gaining notoriety, even when he knew there were no grounds for the charges he brought. On the other hand the lawyer was forbidden to accept pay for his services. In olden times the client had of his right gone to his patron for legal advice (§179), and the lawyer of later times was theoretically at least at the service of all who applied to him. Men of the highest character made it a point of honor to put their technical knowledge freely at the disposal of their fellow citizens. At the same time the statutes against fees were easily evaded. Grateful clients could not be prevented from making valuable presents, and it was a very common thing for generous legacies to be left to successful advocates. Cicero had no other source of income, so far as we know, but while he was never a rich man, he owned a house on the Palatine (§221, note) and half a dozen country seats, lived well, and spent money lavishly on works of art (§227) that appealed to his tastes, and on books (§402). Corrupt judges (_praetores_) could find other sources of income then as now, of course, but we hear more of this in relation to the jurors (_iudices_) than the judges, probably because with a province before him the _praetor_ did not think it fitting to stoop to petty bribetaking.

§408. The Army.--The spoils of war went nominally into the treasury of the state. Practically they passed first through the hands of the commanding general, who kept what he pleased for himself, his staff (§118), and his soldiers and sent the rest to Rome. The opportunities were magnificent, and the Roman general understood how to use them all. Some of them were legitimate enough according to the usages of the time, the plunder of the towns and cities that were taken, the ransom exacted from those that were spared, the sale of captives as slaves (§134). Entirely illegitimate, of course, were the fortunes made by furnishing supplies to the army at extravagant prices or diverting these supplies to private uses. The reconstruction of the conquered territory brought in returns equally rich; it is safe to say that the Aedui paid Caesar well for the supremacy in central Gaul that he assured them after his defeat of the Helvetii. The civil wars that cost the best blood of Italy made the victors immensely rich. Besides the looting of the public treasury, the estates of men in the opposing party were confiscated and sold to the highest bidder. The proceeds went nominally to the treasury of the new government, but the proceeds were infinitesimal in comparison with the profits. After Sulla had established himself in Rome the names of friends and foes alike were put on the proscription lists, and if powerful influence was not exerted in their behalf they lost lives and fortunes. For the influence they had to pay dearly. One example may be cited. The estate of one Roscius of Ameria, valued at $300,000, was bid in for $100 by Lucius Chrysogonus, a freedman of Sulla, because no one dared bid against the creature of the dictator. The settling of the soldiers on grants of land made good business for the three commissioners who superintended the distribution of the land. The grants were always of farms owned and occupied by adherents of the beaten party, and the bribes came from both sides.

The Private Life of the Romans — Part 176