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
There may have been an appeal from the delegates to the king, but
tradition does not credit the king with any power of pardon. Whether
the power of pardon resided anywhere depends on our interpretation of
the trial of Horatius,[254] which was believed to furnish the archetype
of the _provocatio_. From this story appears the belief, which is often
stated by other authorities,[255] that the appeal to the people existed
in the regal period, but one modified by the view that the citizens
had no standing right of appeal against the king such as that secured
against the Republican magistrate by the _lex Valeria_. The king, Tullus
Hostilius, _allows_ the appeal.[256] The early dictatorship was similarly
exempt from the necessity of permitting it, and on one occasion the
precedent of Horatius was appealed to for the purpose of showing that,
as the king had allowed, so the dictator should allow, the appeal.[257]
But the dictatorship is a revival of the _military_ side of the monarchy
with the military jurisdiction which the king exercises over Horatius.
It is quite possible that before the close of the monarchy custom had
established different spheres of criminal jurisdiction for the people and
the king respectively;[258] in some the people might have had a right
to be judges in the last resort, and it is the idea of calling away a
case to another court that is suggested by the word _provocatio_, not
the modern idea of pardon.[259] In other spheres the king could judge
alone; the _provocatio_ here is an act of grace. If, however, we consider
the extent of the military and religious jurisdiction of the king, the
competence of the people must have been small;[260] and the _provocatio_
itself may be a growth of the later monarchical period, the result of
custom, and of a custom based chiefly on the permit of the king.
Public-domain text, read in full here on John Shaqi.
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