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 civil and criminal responsibility of magistrates was enforced by the
same courts and the same processes by which ordinary citizens were tried.
The only privilege which they enjoyed was that, as a rule, they could not
be tried for a criminal offence during their year of office, and that
none but the magistrates without the _vocatio_ and _prensio_ (i.e. the
quaestors and aediles) could be summoned into the praetor’s court.[792]
There was no special category of political offences which the magistrate
alone could commit, although it is true that he was more specially liable
than ordinary citizens to be tried for certain crimes; his greater
capacity for doing harm to the state by cowardice or ignorance would
expose him more than the ordinary citizen to a charge of _perduellio_;
but the _judicium populi_ tried him as a citizen, not as a magistrate,
and the general rule that a magistrate was exempt from prosecution
during his year of office made him, in fact, a _privatus_ when he stood
his trial. The commission of delicts, which were not cognisable by
the popular courts, would have brought him before the ordinary civil
tribunals. If he robbed a citizen, it was _furtum_; if he assaulted him
in a manner not justified by his power of _coercitio_, it was _injuria_.
There was indeed one delict which only a magistrate or an official could
commit—appropriation of the state funds. In very early times this may
have been brought under the expansive conception of _perduellio_, and
punished criminally.[793] A few early laws, such as the fifth century
_lex de ambitu_, were directed exclusively against magistrates or
candidates for a magistracy; these laws doubtless specified the penalty
to be imposed,[794] but their interpretation was left to the ordinary
organs of criminal justice, the _comitia_.
Public-domain text, read in full here on John Shaqi.
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