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
It is certain that Gaius carried a law also for reconstituting the
quaestio inter sicarios et veneficos,[2336] which had originally been
established shortly before 141.[2337] The Sempronian law on this subject
contained a provision for the punishment of bribery or conspiracy
committed in trials of the kind. The article referred to included the
words “Ne quis iudicio circumveniretur,”[2338] a principle repeated as
“Qui coisset, quo quis condemnaretur”[2339] in the corresponding article
of the Cornelian law which superseded the Sempronian. There was no
quaestio for dealing especially with judicial corruption and conspiracy,
but the accused was brought to trial before the very court in relation to
which his crime was alleged to have been committed.[2340] The provision
was directed against the accuser, against magistrates and senators who
presided over such courts, and presumably against equestrian jurors who
accepted bribes.[2341]
We have in an inscription the concluding articles of a criminal law[2342]
of this period. It is on a bronze tablet found on the site of the ancient
Italian city Bantia, and is called the Latin Lex Bantina to distinguish
it from another lex in Oscan on the opposite face.[2343] A reference
to the triumviri agris dandis adsignandis, who seem to have been those
elected under the Sempronian agrarian law, places the document between
133 and 118. It is concerned with a quaestio.[2344] An attempt has been
made to identify it with the lex Iunia repetundarum and to assign it
accordingly to 126.[2345] The circumstance, however, that it was passed
without the authorization of the senate, and that its whole spirit is
anti-senatorial, would lead us rather to the conclusion that it was the
work of C. Gracchus at the time of his most bitter struggle with the
optimates yet before he had lost control of the comitia. The fragment
contains no more than the sanctio—provisions for enforcement of the
statute. The beginning of the first extant article is lost, but it must
have described the class of offenders to which the article applies, and
the nature of the offence. It speaks merely of disabilities imposed on
the offender, among which are the following: he must not address the
senate or vote in a public trial (poplico ioudicio) or in comitia or
receive or give testimony in court or wear the praetexta and soleae in
public or be chosen into the senate or remain in it if already a member.
The second article provides that if a tribune of the plebs, a quaestor, a
triumvir capitalis, a triumvir for assigning lands, or a index appointed
under the law itself, or a senator shall with knowledge and malice
prepense violate the law or hinder its operation, he shall be liable to
a fine, the amount of which a lacuna in the text leaves unknown. The
third article provides that a consul, praetor, aedile, tribune of the
plebs, quaestor, triumvir capitalis, or triumvir for the assignment of
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