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 a long time the laws of the Twelve Tables administered by the
magistrates, more rarely by a special court created sometimes by the
senate but oftener and in better right during this period by the
people,[2206] sufficed for controlling crime. But as offences multiplied
in consequence of the increasing complexity of life, the people were
called upon more and more frequently to legislate on the subject.[2207]
One of the earliest may have been the lex Fabia de plagiariis,[2208]
against the usurpation of ownership over a Roman citizen without his
consent or over his slave without the consent of the owner.[2209] The
date of its origin is unknown; but if Plautus[2210] refers to it, as
Voigt asserts,[2211] it must have been in force before 197. For this
and other reasons Voigt assigns it to Q. Fabius Verrucossus, consul in
209.[2212] Lange prefers Q. Fabius Labeo, consul in 183,[2213] whereas
Mommsen places it after the Social war.[2214] A lex Gabinia threatened
with scourging and death any one who induced the people to gather in
secret meetings. It seems to belong to the time of the Bacchanalian
trouble, 186,[2215] and to have been designed against religious
associations of the kind; nevertheless the nobility found in it a means
of repressing popular agitation.
On the authority of a mutilated passage in the newly found epitome of
Livy an attempt has been made to assign to 149 the law of M. Scantinius
(or Scatinius), probably tribune of the plebs, for imposing a fine of
ten thousand sesterces on any one convicted of violating a man of free
birth.[2216]
The statute which established the first standing court—quaestio
perpetua—was the lex Calpurnia de repetundis of the tribune L. Calpurnius
Piso Frugi, 149.[2217] His motive was undoubtedly a sincere desire to
protect Italy[2218] and the provinces from official rapacity. The court
was made up of a considerable number of jurors drawn from the senate and
presided over by a praetor, who had hitherto exercised civil jurisdiction
only. In fact a trial for extortion was at first thought of as a civil
suit for the recovery of wealth illegally taken—a conception which
determined the organization of the Calpurnian quaestio. But from time
to time new standing courts were instituted each with cognizance of a
specified class of crimes, till before the end of the republic they had
taken upon themselves practically all criminal jurisdiction, retaining
little trace of their civil origin.[2219] Between 149 and 141, for
instance, was established a standing quaestio for the trial of cases of
murder.[2220]
Public-domain text, read in full here on John Shaqi.
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