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
In criminal matters the Twelve Tables recognise the old principle of
self-help; a limb was to be given for a limb; but for minor wrongs
compensation was allowed, and twenty-five asses were full reparation
for a common assault. But there are survivals of the old religious
penalties; the man who destroyed standing corn was hanged as an offering
to Ceres,[404] and the involuntary homicide could expiate his guilt with
the _piaculum_ of a ram. The law was heavy on the abuse of freedom of
speech; for death was the penalty for incantations or libels against
a citizen.[405] The same penalty was inflicted on the _judex_ who had
accepted bribes;[406] while for _perduellio_ in the form of “rousing
an enemy against the state or handing over a citizen to the enemy” the
death penalty was also enjoined.[407] Reference must have been made to
criminal procedure since the _quaestores parricidii_ were mentioned in
the law.[408]
The principle of the constitution which guaranteed a fair trial to
the citizen was upheld; for we have the statement of Cicero that the
Twelve Tables granted the _provocatio_ “from every kind of court and
punishment”[409] In two other particulars they limited the jurisdiction
of the people. It was maintained that no law or criminal sentence (for
this took the form of a _lex_) should be directed against a private
individual (_privilegia ne inroganto_), and it was laid down that
no capital sentence could be passed except “by the greatest of the
_comitia_” (_nisi per maximum comitiatum_),[410] i.e. by the assembly
of the centuries. Later interpretation held that this clause struck
a blow at the capital jurisdiction of the _concilium plebis_; it is,
however, doubtful how far this extraordinary jurisdiction, resting on
a religious sanction, could be affected by a law which, as we shall
see, never treated the Plebs as a political corporation at all. Another
important constitutional provision of this code was one which granted the
right of free association. The Twelve Tables, while severely prohibiting
secret gatherings (_coetus nocturni_)[411] which had presumably
treasonable designs, permitted the free formation of guilds (_collegia_
or _sodalicia_). Such colleges were to require no special charter; the
rules which they made for their own guidance should be valid, provided
they were no infringement of the public law.[412] Lastly, the code
guaranteed the sovereignty of the popular assembly by declaring that its
last enactment should be final, without setting limits to the sphere of
its legislative activity.[413] This was a token of the Roman conviction
that there should be no finality in law. The Twelve Tables themselves
were not guarded against repeal. It was a forecast of further development
following the course of the old, of a constitution whose stages were
marked by elasticity and growth, not by rigidity and revolution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account