The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
While the importance of the comitia centuriata as a criminal court was
enhanced by the lex Valeria Horatia and the Duillian plebiscite of 449,
which prohibited the election of a magistrate with absolute jurisdiction,
the number of officials competent to bring capital actions before this
assembly was increased as a result of that law of the Twelve Tables which
enacted that all resolutions concerning the caput of a Roman citizen
should be offered to the centuries only.[1486] Thereafter the tribunes
were required to prefer their capital accusations before this assembly,
for the summoning of which they, like the quaestors and the duumviri
perduellioni iudicandae, requested the auspices of a higher magistrate,
ordinarily after 367 of a praetor.[1487] For a time, probably till
the Hortensian legislation, they were dependent upon the patrician
magistrates for this privilege.[1488] According to our sources the
tribunes, with the approval of the consuls,[1489] entered upon their new
sphere of judicial activity by bringing a capital charge against Appius
Claudius and Sp. Oppius, past decemvirs, for misconduct in office, the
specific charge being the abuse of justice in the interest of a person or
of a party.[1490] The suicide of the accused prevented the trial. On the
eight remaining decemvirs they passed in the same assembly a sentence of
exile.[1491] M. Claudius, too, condemned for false testimony, was exiled,
the death penalty being mitigated also in his case.[1492] The tribunes
of 439 are said to have accused L. Minucius and C. Servilius Ahala for
the part they had taken in the death of Sp. Maelius, and two years
afterward Servilius was sentenced to exile by the comitia centuriata, to
be recalled later by the same body. The charge against the former was
false testimony, against the latter the putting to death of a citizen
who had not been legally sentenced.[1493] Livy next mentions a charge,
probably of perduellio, brought by the tribunes against Q. Fabius, 390,
for having, in violation of the ius gentium, fought against the Gauls
while he was an ambassador to them. He, too, is said to have died before
the trial.[1494] All these cases are uncertain. If historical, they
may represent the beginnings of capital jurisdiction of the tribunes,
in rivalry with the duumviri; or they may in reality, like the case
of M. Manlius, 384, already mentioned, have been duumviral. On either
alternative they came before the centuriate comitia.
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