Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
With respect to the capital jurisdiction of the tribunes, we have
seen how their tacit recognition of the appeal gave rise to this
jurisdiction.[706] But in theory the coercion of the tribune, when
used in defence of the sanctity of his own person, was not subject to
appeal.[707] Here the old religious penalties remained in force, and a
period as late as the year 131 B.C. witnessed the spectacle of a tribune
dragging a censor, who had degraded him, to the Tarpeian rock with intent
to hurl him down—a fate from which he was saved only by the veto of the
tribune’s colleagues.[708]
Scourging, which is found in the early Republic as a punishment employed
in the military levy,[709] was practically abolished as a mode of
_coercitio_ by the third _lex Valeria_ of 300 B.C.[710] and the _leges
Porciae_, which submitted the threat of such punishment to appeal, the
latter laws imposing a heavy penalty on the magistrate who inflicted it.
Imprisonment (_abductio in carcerem, in vincula_), although not
recognised as a penalty in Roman law, plays a double part in the
_coercitio_. It was one of the modes by which the magistrates defended
their dignity and secured obedience, not merely from private citizens,
but from lower magistrates and senators; and it was adopted as a
precautionary measure to secure the appearance on trial of one whom
they accused. The use of this severe measure against magistrates by
any power but the tribunate is rare;[711] but it plays a great part
in the tribunician annals, and the temporary imprisonment of a consul
became a familiar feature of party strife during the closing years of
the Republic.[712] It was a summary method of silencing the opposition
of a too zealous optimate, and the veto of the tribune’s colleague was
the only means of releasing the head of the state.[713] Preventive
imprisonment for the purpose of securing the appearance of an accused at
trial was rare at Rome. The custom of giving sureties or bail (_vades,
vadimonium_) was early recognised;[714] but it rested entirely with the
magistrate whether he should accept such a security.[715]
Public-domain text, read in full here on John Shaqi.
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