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 lex Acilia, described above as a plebiscite of M’. Acilius Glabrio,
colleague of C. Gracchus in 122,[2325] took the place of the lex
Iunia of 126,[2326] and is to be identified with a lex repetundarum
extensive fragments of which are preserved in an inscription.[2327]
Whereas earlier laws on the subject rendered governors of provinces, and
perhaps administrative officers in Italy, alone liable to punishment,
the Acilian statute includes magistrates and senators and the sons of
both as well as the holders of promagisterial imperium.[2328] The crime
consists in taking in any one year from those whom the law is designed
to protect—from the allies, Latins, provincials, and exterior nations
under the sway or in the friendship of the Roman people[2329]—by gift,
seizure, compulsion, or other illegal means money or property exceeding
a specified sum, which a lacuna in the inscription leaves unknown,
but which is supposed to be four thousand sesterces.[2330] Holders of
magistracies and imperia cannot be brought to trial for the crime till
after the expiration of their terms,[2331] on the general principle which
exempts from prosecution those who are engaged in the service of the
state.[2332] The praetor qui inter peregrinos ius dicit within ten days
after the passage of the statute, and in future within ten days after
entering upon his office, is to choose for this court four hundred and
fifty persons with the qualifications for jury service described above in
connection with the Sempronian judiciary law. From this group the accused
is to reject under oath his kinsmen within a specified degree and his
sodales. The accuser is to draw from the remainder a hundred persons,
taking oath that he has chosen no kinsman within a specified degree or
sodalis. The accused rejects fifty of the hundred, and the remaining
fifty constitute the jury for trying the case.[2333] The rules of
procedure in the trial and the amount of liability of the accused in the
event of conviction are given. The accuser, if an alien, is granted as
a reward for a successful prosecution the Roman citizenship for himself
and his born sons and grandsons. If he is a Latin and does not want the
citizenship, he is given instead the right of appeal.[2334] Probably the
law contained provisions for the punishment of corruption in the patrons
of the accusers and in the praetor and jurors.[2335]
Public-domain text, read in full here on John Shaqi.
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