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
For some time after their institution the tribunes of the plebs,
having no viatores or at least none that were recognized as public
officials,[1755] depended upon the two plebeian aediles as bailiffs
for making arrests and for executing sentences.[1756] The latter
functionaries seem to have stood in some such relation to the tribunes
as the quaestors toward the consuls. It was accordingly as deputies
of the tribunes that they acquired jurisdiction.[1757] The earliest
mentioned case, 454, is the trial and condemnation of a retired consul in
a finable action for official misconduct.[1758] It should be placed in
the same mythical category with the numerous tribunician prosecutions
of the period.[1759] After the institution of curule aediles, 367, the
aediles of the plebs continued indeed to serve occasionally as bailiffs
of the tribunes,[1760] but acquired in addition, along with those of
curule rank, an independent jurisdiction. In 357 C. Licinius Stolo was
prosecuted by M. Popillius Laenas on the charge of having circumvented
his own law by emancipating his son in order that he and his son might
each possess five hundred iugera of the public land. He was fined 10,000
asses.[1761] From the cases to be mentioned below the inference may
be drawn that the accuser was an aedile. In 298 several persons were
prosecuted by the aediles, whether curule or plebeian is not stated, for
violation of the same law, and hardly one was acquitted.[1762] In 295
the plebeian aediles made considerable money by fining those who had
trespassed against the article of the Licinian-Sextian statute which
related to pasturage;[1763] and two years afterward violators of the same
provision were again fined, on this occasion by the curule aediles.[1764]
Actions against usurers were brought by aediles in 344,[1765] 304,[1766]
and 295.[1767]
Shortly before 328, M. Flavius was prosecuted before the people by the
aediles for the crimen stupratae matris familiae, and acquitted.[1768]
In 295 Q. Fabius Gurges, a curule aedile,[1769] accused several matrons
before the people, also of stuprum, and fined them.
In the period between the Licinian-Sextian and the Hortensian
legislation, accordingly, the jurisdiction of the aediles, so far as is
known, was limited to usury, stuprum, and the violation of laws regarding
the occupation and pasturage of the public land. They had nothing to
do with perduellio or related offences, or with the accountability of
magistrates, or with any capital actions whatsoever. All their trials
were finable, and in case the fine exceeded thirty cattle and two sheep,
or the equivalent, 3020 heavy asses,[1770] an appeal could be made
to the tribes. The plebeian aediles equally with the tribunes[1771]
lacked the power to summon patricians, whereas the curule aediles as
patrician magistrates[1772] possessed the right; but no distinction in
the composition of these tribal assemblies, corresponding to the form of
presidency, is suggested by the sources.[1773]
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