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
The imposition of a fine (_multa_) was the most common mode of enforcing
obedience, and was possessed by all the magistrates with the possible
exception of the quaestor.[716] As early as 454 B.C. the power of fining
(_jus multae dictionis_), which had hitherto belonged to the consuls
alone, was conferred “on all magistrates”—including, therefore, the
tribunes and plebeian aediles—by a _lex Aternia Tarpeia_ passed in the
assembly of the centuries.[717] The _lex Menenia Sextia_ (452 B.C.)
fixed the highest fine that could be imposed by a magistrate on his own
authority (_multa suprema_) at two sheep or thirty oxen[718]—the former
the limit for the poor man, the latter for the rich. After coined money,
or at least metal by weight, had come into vogue during the decemviral
period, a _lex Julia Papiria_ (_de multarum aestimatione_) of 430
B.C. fixed 3000 libral asses as the extreme amount that a magistrate
might impose.[719] The infliction of a fine larger than this _multa
suprema_ subjected the official who pronounced it to an appeal to the
people.[720] The _provocatio_ against _multae_ went before the _comitia_
or the _concilium_ of the tribes according as the fines were imposed
by patrician or plebeian magistrates, and we shall see how this appeal
brought the aediles into contact with these two assemblies.[721] Certain
laws continued to fix an absolute limit even to fines submitted to the
judgment of the people. They were generally limited to less than half of
the property of the accused.[722]
But the tribunes’ power of imposing money penalties extended far
beyond the limits of that of the other magistrates. The power of
confiscating all the goods of an individual by consecrating them to a god
(_consecratio bonorum_), a relic, like the execution from the Tarpeian
rock, of the old religious jurisdiction and as little subject to the
appeal, had been occasionally put in force by them in extreme cases,[723]
and like other vanished relics of antiquity was revived during the party
struggles of the close of the Republic.
Another mode of coercion, specially used against magistrates and the
official class, was the seizing of articles of their property as pledges
(_pignoris capio_).[724] It was possessed by all the magistrates who
had the _coercitio_, and was employed rather as a punishment than as a
security for good behaviour. Hence the pledges were often destroyed,[725]
and we find a consul seeking satisfaction for his outraged dignity in
breaking up the curule chair of the praetor who would not rise to greet
him as he passed by.[726]
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