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
The jurisdiction of the comitia in criminal cases suffered more extensive
curtailment from the standing courts,—quaestiones perpetuae,—the first
of which was established in 149 for the trial of Roman officials accused
of extortion—repetundae—committed in the provinces or in Italy.[1563] As
the object of the prosecutors was in the main the recovery of extorted
property, the court was essentially civil, and seemed, therefore, to
the Romans no infringement of popular rights; yet even before Sulla
the principle began to apply to distinctly criminal cases.[1564]
Notwithstanding this development several accusations were brought
before the centuriate assembly in the period between the Gracchi and
Sulla.[1565] The latter increased the number of quaestiones to seven and
brought all crimes within their cognizance. The questorian jurisdiction
in cases of murder had already passed to the quaestio inter sicarios,
established between 149 and 141;[1566] and now Sulla transferred cases
of perduellio from the jurisdiction of the tribunes to the quaestio
maiestatis.[1567] Although restored to the tribunes in 70, it was for the
remainder of the republican period exercised by them on special occasions
only, for the quaestio maiestatis still existed. With the establishment
of the principate the jurisdiction of the people finally vanished.[1568]
The revolutionary character of the period after Sulla is illustrated
by the case of perduellio against C. Rabirius[1569] brought in 63 by
a tribune of the plebs, T. Atius Labienus. Rabirius was charged with
complicity in the murder of L. Appuleius Saturninus, the famous tribune
of the year 100. Labienus proposed and carried a plebiscite requiring the
praetor to appoint duumviri for the trial, whereas it was generally held
at the time that these officials should have been elected by the people.
It was also enacted, in violation of the Porcian and Sempronian laws,
that in case of conviction the accused should be crucified on the Campus
Martius. C. and L. Caesar, appointed duumviri, brought the case before
the comitia centuriata, which were prevented from giving their verdict
by the removal of the flag from Janiculum.[1570] The object of the trial
was not to punish the guilty, but to discredit the senate, to which the
accused belonged.[1571] The decline of the idea of popular sovereignty is
further indicated by the agrarian rogation of the tribune P. Servilius
Rullus, 63, an article of which, in violation of the lex Valeria Horatia
de provocatione, ordered the appointment of decemviri agris adsignandis
without appeal.[1572]
Public-domain text, read in full here on John Shaqi.
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