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
A further step in the exercise of this power was taken when attempts
were made to rescind the decisions of the _judices_ of criminal
commissions by decrees of the people. This was first attempted in 88
B.C. by the tribune P. Sulpicius Rufus, who carried a _plebiscitum_
for the restoration of exiles who had been condemned by the Varian
commission.[1223] Other tentative steps in the same direction led up to
Caesar’s bill of 49, by which he effected the restoration of those who
had been condemned under the Pompeian laws of 52 B.C.[1224] The instances
of this period generally illustrate the rescission of the decrees of
special commissions, which were themselves political weapons evoked by
party conflict, but M. Antonius when tribune is said to have effected the
restoration of a man who had been condemned for an ordinary crime,[1225]
and, therefore, presumably by an ordinary _quaestio perpetua_, and
it seems clear that by Cicero’s time this power of restitution by
the _comitia_ had come to be regarded as practically one of pardon.
Each of the three legislative assemblies was competent to “restore”
(_restituere_). The proposals are usually tribunician, but Caesar also
employed praetorian rogations (probably before the _comitia tributa_) for
the purpose.[1226]
Two powers analogous to that of the rescission of a sentence are the
remission of outlawry and amnesty.
The outlawry referred to is not that following on _aquae et ignis
interdictio_, which was an act of the people and the confirmation of
a criminal sentence, but that consequent on a decree of the Senate,
which had pronounced individuals to be _hostes_. Although we might
have expected that the Senate, which passed, would be the body to
rescind such a decree, we find the belief that the restitution of the
outlawed required a _lex_ or _plebiscitum_. Marius pretended that such
a permit was necessary for his entrance into Rome in 87 B.C.,[1227] and
Octavian in 43 B.C. had a law passed which rescinded the outlawry of
Dolabella.[1228]
Amnesty is an act which implies that no trial and no condemnation,
whether pronounced by a court or other body, have taken place; it gives
immunity from the consequence of criminal acts that have not yet been
judged. This, however, is a prerogative, not of the people, but of
the Senate. It was a decree of this body that gave an immunity (not
subsequently respected) to Caesar’s murderers in 44 B.C.,[1229] and a
similar act in 33 B.C. granted an amnesty to senators who had during the
civil war raised troops at their own cost.[1230]
Public-domain text, read in full here on John Shaqi.
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