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
Another popular tribune, C. Appuleius Decianus, 98, brought against P.
Furius the accusation that in the preceding year the latter as tribune
of the plebs had betrayed the people’s cause. Acquitted of that charge,
he was accused later in the year by C. Canuleius, another tribune, on
the ground that he had impeded the return of Metellus.[1970] In one of
the contiones for the trial of this case the citizens would not listen
to the defence of the accused but tore him in pieces. In the same year
Appuleius prosecuted L. Valerius Flaccus, curule aedile, on what charge
is unknown. His own condemnation to exile, more probably by the centuries
than by a quaestio, on the ground that in his accusation of Furius he
lamented the death of Appuleius Saturninus, his gentilis, is mentioned in
an earlier chapter.[1971]
Sulla’s completion of the system of standing courts and his restriction
of the tribunician function of prosecution[1972] substantially withdrew
all judicial power from the tribal assembly under the presidency of
tribunes. The overthrow of the Cornelian constitutional arrangements left
the standing courts with jurisdiction unimpaired. Though constitutionally
the tribunes by this overthrow regained their right to prosecute, they
exercised it rarely and feebly during the remainder of the republic. C.
Memmius, tribune of the plebs in 66, brought M. Terentius Varro Lucullus
to trial for what he had done long before in his quaestorship at the
dictation of Sulla. As the motive was evidently personal, the accused was
acquitted.[1973] Early in 58 L. Antistius, tribune of the plebs, in the
interest of the optimates threatened to prosecute C. Julius Caesar, who
had just retired from his consulship and was on the point of setting out
for his provinces. Caesar appealed to the other tribunes, who suspended
the prosecution on the ground that the accused was to be necessarily
absent in the service of the state.[1974] In the year 44 C. Epidius
Marullus and L. Caesetius Flavius, tribunes, instituted proceedings
against the man who took the lead in acclaiming Caesar king as he was
returning from Alba. The evident displeasure of Caesar at the accusation
caused its withdrawal.[1975] In incomplete trials, like those last
mentioned, it is seldom possible to determine whether they were to come
before the centuries or the tribes.[1976]
II. _Aedilician Jurisdiction_
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