Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
introduced shortly before the time of the decemvirs; previous to this,
the _judicia capitis_ were with the curies and tribes. The trials of
Coriolanus and C. Quinctius are not yet held before the centuries.
If in after times one still finds an instance of a condemnation by
the curies, it is an unlawful act of arbitrary power. The tribunes
therefore now bring the charge of a _crimen capitis_ before the
centuries, and a mere _multa_ before the tribes; and it often happens
in such a case, that the person condemned goes into exile, and loses
his right of citizenship. Here the saying of Cicero in his oration
_pro Cæcina_ holds good, that exile does not necessarily imply the loss
of the right of citizenship; for, exile being no punishment, the loss
of the right of citizenship is incurred only by the reception into the
foreign state. In this light we must look upon the condemnation of
Camillus, if ever he was condemned by the tribes, and not, as is far
more probable, by the curies.
In this manner, the sphere of the nation as a whole, was very much
enlarged, and instead of distinct appeals to one of the two orders,
there are scarcely any appeals but those to the centuries to be met
with. The existence of this law is quite enough to prove how wrong they
are who believe, that in this the decemvirs had arrogated to themselves
the whole of the jurisdiction. They have confounded with it the fact,
that now that the old appeal to the orders was done away, one had
to appeal from one board to the other. Instances of appeal from the
consuls to the people are very seldom met with from henceforth; and
even then, they are altogether problematical. It is most likely that
the appeal to the tribunal of the assembled commonalty was abolished,
and that the tribunes as the direct representatives of the commonalty
took its place, and that by a natural development of the constitution;
for a resolution of the commonalty at large is after all a mere form.
Other laws also which are mentioned, might be considered as
innovations; for instance, that one who is pledged for debt should have
equal rights with him that is free.
Public-domain text, read in full here on John Shaqi.
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