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 aediles as well as that of the tribunes suffered
from the growth of standing courts.[1991] The fact that the power
remained, provided the holder was in a position to use it, is proved by
the occasional recurrence of a prosecution in the lifetime of Cicero.
First may be mentioned the proceedings instituted by C. Flavius Fimbria,
aedile in 86, against Q. Scaevola. Evidently the case did not come to
vote.[1992] Interesting is the threat of Cicero[1993] as curule aedile to
bring to trial before the people C. Verres and all who should by bribery
aid his acquittal. The circumstance that Cicero was ready to place so
great a function upon the aedileship is proof of the confusion into
which the ideas of popular jurisdiction had fallen through infrequent
use.[1994] Another anomaly is the prosecution begun by P. Clodius against
T. Annius Milo on the charge of violence (vis).[1995] It took place in
the Forum before the comitia tributa, but we do not know whether it came
to a vote.
III. _Pontifical Jurisdiction_
In the exercise of his disciplinary power the supreme pontiff sometimes
imposed a fine on a sacerdos under his authority. An appeal to the
thirty-five tribes was allowed, if the amount of the penalty reached the
appealable limit.[1996] After the analogy of the civil magistrate the
pontiff presided over the assembly during the trial.[1997] In 189 Q.
Fabius Pictor, who was at the same time praetor and flamen Quirinalis,
was forbidden by the supreme pontiff to go to the province assigned
him. After much contention the pontiff imposed a fine, and an appeal
was taken to the people, who decided that the flamen must obey the
pontifex maximus, and on that condition remitted the fine.[1998] In 180
L. Cornelius Dolabella was fined for refusal to resign his office of
naval duumvir that he might be inaugurated rex sacrificulus. The case
was decided as the preceding, but an unfavorable omen which dissolved
the assembly deterred the pontiffs from inaugurating him.[1999] A
similar case occurred in 131.[2000] In the appeal of Claudius, an
augur, from a pontifical fine, the date of which is unknown, though it
probably followed the trials above mentioned, the people sustained the
accused.[2001] These are the few recorded cases of appeal from sacerdotal
jurisdiction. The moderation of the pontifex maximus, together with the
respect of his sacerdotes for religion, usually served to prevent the
need of recourse to the people. It is a noteworthy fact that the custom
was practically conterminous with the era of the most highly developed
plutocracy. The circumstance that in all the cases known to have fallen
within this period the people confirmed the authority of the pontiff
affords striking evidence of the perfection to which the optimates had
now brought the religious machinery of their political system.[2002]
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