Note 2341 — Chapter XVI · COMITIAL LEGISLATION From the Gracchi to Sulla 134-82

The whole tenor of Cicero’s Pro Cluentio is to the effect that the knights were not bound by the provision against bribery. He had a strong motive, however, for bringing into prominence the article which provided for the punishment of magistrates and senators, and for suppressing the one, if there was one, concerning the punishment of equites; and this suppression was rendered easy by the fact that the Cornelian law then in force mentioned senatorial jurors only. Appian, B. C. i. 22. 97 (cf. 35. 158, 161), assumes that under the Sempronian law there were trials for the bribery of jurors, rendered useless, however, and finally done away with by the conspiracy and violence of the knights; cf. Lengle, Sull. Verf. 18 f. This interpretation of the known facts seems preferable to the view of Cicero, which, however, is accepted by most scholars; cf. Mommsen, Röm. Strafr. 635; Greenidge, Leg. Proced. 421; Hist. of Rome, i. 216 f.