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
grades of officials were within their jurisdiction, but most of the cases
were against the higher magistrates.
The first tribunician case of the kind after the Hortensian legislation,
and the first which is absolutely free from historical doubt, is that
brought against P. Claudius Pulcher on the ground that as consul, 249,
he fought the naval battle off Drepana contrary to auspices, thereby
losing his fleet. After the comitia had been interrupted by a storm, the
intercession of colleagues against the resumption of the trial saved him
from the death penalty. As the result of a new trial before the tribes,
however, he was fined 120,000 asses, 1000 for each ship lost.[1504]
His colleague, L. Junius, by suicide escaped condemnation on a charge
of perduellio.[1505] In 212 two tribunes of the plebs prosecuted M.
Postumius Pyrgensis, a publican, before the tribes for fraud, setting
the penalty at 200,000 asses; but the accused with his friends violently
broke up the assembly, whereupon the tribunes, dropping the original
charge, prosecuted him for perduellio,[1506] we should suppose before the
centuries.[1507] Among the complaints urged against him by the consuls
in the senate were that “he had wrested from the Roman people the right
of suffrage, had broken up a concilium plebis, had reduced the tribunes
to the rank of private persons, had marshalled an army against the Roman
people, seized a position, and cut the tribunes off from the plebs,
and had prevented the tribes from being called to vote.” Specifically
the crime must have been perduellio.[1508] Before the day of trial he
withdrew into exile. In his absence the plebs on the motion of Sp.
and L. Carvilius decreed that he was legally in banishment, that his
property should be confiscated, and that he should be interdicted from
fire and water. In this connection it should be noticed that whereas the
banishment of a citizen by lex or iudicium was the exclusive right of the
centuries,[1509] the tribes were competent to decree him an exile after
his voluntary retirement.[1510] Some of the coadjutors in the violence
of the publican above mentioned left their bail and followed him into
exile; others were imprisoned to await capital trial, with what result
the historian does not inform us.[1511]
Public-domain text, read in full here on John Shaqi.
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