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
Before the Hortensian legislation the curule and plebeian aediles alike
had cognizance of usury, stuprum, and violation of the law concerning
the limitation of occupation and pasturage of the public lands.[1977]
In the period now under consideration, beginning in 287, they continued
to exercise the same function besides taking upon themselves some
new cases. Aedilician actions for violation of the pasturage clause
of the Licinian-Sextian statute took place in 240,[1978] 196,[1979]
and 193.[1980] Closely related is the fining of usurers in 192,[1981]
and of grain dealers for cornering the market in 189.[1982] In 157 C.
Furius Chresimus was prosecuted by a curule aedile for injuring the
crops of others by magic, and the case came before the tribes in the
Forum. By bringing his farm tools into the assembly and calling them his
instruments of magic he induced the citizens to vote his acquittal.[1983]
There are several known cases of criminal lust which fell within the
aedilician cognizance. In 227 C. Scantinus Capitolinus during his term of
office as tribune or aedile of the plebs was prosecuted by M. Claudius
Marcellus, curule aedile, on a charge of attempted paederastia. He called
attention to the sanctity of his person; but as the tribunes refused
to protect him on that ground, he was condemned by the people.[1984]
Most of the known cases of this general character were against women.
Several matrons, accused of stuprum by the plebeian aediles of 213
and fined by the comitia tributa, retired into exile.[1985] About the
time of the war with Hannibal a charge of incest, based on the fact of
intermarriage between close relatives and brought doubtless by an aedile,
was judged favorably to the accused by the people.[1986] The curule
aedile A. Hostilius Mancinus, 183, brought to trial before the tribal
assembly Manilia, a courtesan, who, he alleged, had thrown a stone at him
in the night and had wounded him. Manilia, appealing to the tribunes,
explained that he was attempting violently to break into her house,
when she repulsed him with stones. Thereupon the tribunes decreed that
the prosecutor deserved the treatment he had received. They interceded
against his action, which accordingly had to be dropped.[1987]
One case of perduellio under aedilician jurisdiction is recorded. In
246 Claudia, sister of that P. Claudius Pulcher who lost his fleet off
Drepanum,[1988] was jostled by the crowd as she came from the games.
She was heard to say on this occasion that she wondered what would have
happened to herself, had her brother not caused the death of so many of
the citizens, and to wish that he were again living, to lose another
fleet together with the crowd that troubled her. For these words she was
brought to trial by the aediles of the plebs, and the people imposed
on her a fine of 25,000 heavy asses.[1989] The case is described as a
iudicium maiestatis apud populum Romanum.[1990]
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