2.29); and that a judge is someone who does whatever he wishes without being accountable to anyone (4.66). The Carmen is just as harsh. Negatives that could queer a decision include injustice by judge; bribes; force; and favoritism (Carmen 5.33). In such a corrupted environment, the ordinary man would have lacked both money and influence in sufficient quantity to go up against anyone of significant standing. Thus the legal system was always risky. So in the Carmen there is extensive consideration of the resolution of quarrels and, most especially, of the outcomes of legal proceedings. In these situations other avenues of dispute resolution were on the mind. The most popular was the mediation of a dispute within a family, or a peer group such as an association. Paul recommended this to his comrades in Corinth. The basic situation is clear, however: Ordinary men sought to avoid actions at law. In the vast majority of cases, they looked to the legal system only when there was a really important matter transcending local affairs, or when there was enough standing, connection, and resources to hope for success. Juris-consultus abesto (lawyer, be gone!), indeed.
Theft was a constant problem in a society with so much un- and under-employment, not to say out-and-out poverty. There was no regular police force patrolling the streets; and although in towns there was often a nightwatchman out after dark, and he could make arrests, this was not much of a deterrent. The Carmen has a number of references to things being stolen, and dedicates a chapter to ‘If you want to know the matter of a theft that has been committed or something that has been lost, whether he will possess it again or not.’ Under this heading, various castings indicate that:
These goods will be recovered quickly without pain or trouble … these goods of his which were lost will be found after a long time and with trouble and that the thieves will have moved the goods from the first place in which they put it when they stole it to another place … that it will be found after a time and trouble … that it will be more proper that this be found … that those goods which were stolen or lost will be found … that it will not be found … that the thing which was stolen or lost will disappear so that he will not possess it … that he will soon possess the thing which was lost or stolen … that he will not possess the thing which was stolen or lost and it will not be necessary for its owner to search for it since he would toil without accomplishing anything … that he will not possess the thing which was stolen or lost except with slowness and trouble or a quarrel and insult and fighting. (Carmen 5.35)
Artemidorus even has an interpretation directed at a criminal. If such a person dreams of stars falling from the heavens, ‘this would only be propitious to those plotting some great crime’ (Dreams 2.36). Other dreams indicate that someone will be defrauded, temples will be robbed, and thieves will attack a man on a journey; seeing a hawk or wolf in a dream means a bandit or robber.
Stolen goods were difficult to recover. There were no formal investigative police available, although officials did have the capacity to act if they wished. For example, when Lucius in The Golden Ass is accused of robbing his host and fleeing, the magistrates do follow this up, torturing Lucius’ slave and sending their attendants to Corinth to look for him. But most often a person had to seek the item and the thief himself. Enlisting the help of a god was one way. Another was to check the stars; the Carmen gives many castings that indicate where one should look for stolen or lost goods, such as:
… in the dung of sheep or the shelters of animals … in the forges of blacksmiths … in or near a sea or in a spring or a stream or a valley or a river or a canal or a place in which there is water … (Carmen 5.35)
Items of all kinds were stolen: fine, expensive cloth; clothing;
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