[342] It was then decided to resume the
hearing of the case of Musonius Rufus against Publius Celer[343]
Publius was convicted and the shade of Soranus satisfied. This strict
verdict made the day memorable in the annals of Rome, and credit was
also due to private enterprise, for everybody felt that Musonius had
done his duty in bringing the action. On the other hand, Demetrius, a
professor of Cynic philosophy, earned discredit for defending an
obvious criminal[344] more for ostentatious motives than from honest
conviction. As for Publius, courage and fluency alike failed him at
the critical moment. This trial was the signal for further reprisals
against prosecutors. Junius Mauricus[345] accordingly petitioned
Domitian that the senate might be allowed access to the minutes of the
imperial cabinet, in order to find out who had applied for leave to
bring a prosecution and against whom. The answer was that on such a
question as this the emperor must be consulted. Accordingly, at 41
the instigation of its leading members, the senate framed an oath in
these words, 'I call heaven to witness that I have never countenanced
any action prejudicial to any man's civil status, nor have I derived
any profit or any office from the misfortune of any Roman citizen.'
The magistrates vied with each other in their haste to take this oath,
and the other members did the same, when called upon to speak. Those
who had a guilty conscience were alarmed, and managed to alter the
wording of the oath by various devices.
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