In the early days of Ancient Rome, perduellio (Latin:[pɛrdʊˈɛllɪ.oː]) was the capital offense of high treason, although it was not well defined. The form of action on this charge changed over the course of the Roman republic. The word later became just an intensifier for the more common treason charge (maiestas).[1] It was set down plainly in the Law of the Twelve Tables as follows:
The Law of the Twelve Tables orders that he who has stirred up an enemy or who has handed over a citizen to the enemy is to be punished capitally. (Marcianus, D. 48, 4, 3).[2]
Under the terms of this law, those convicted of perduellio were subject to death either by being hanged from the arbor infelix (a tree deemed to be unfortunate) or by being thrown from the Tarpeian Rock. Their families were not allowed to mourn them and their houses were razed.[3]
Historyedit
As the concept of national sovereignty took hold in Rome, perduellio also came to mean an offense which “injured or brought into danger the dignity, supremacy, and power of the commonwealth [Roman State]”. This included such things as losing an army, violating the rights of the tribunes of the plebs, or usurping a function of the State (as in the case of Horatius).[4]
It enraged the fiery youth to hear his sister’s lamentations in the hour of his own victory and the nation’s great rejoicing. And so, drawing his sword and at the same time angrily upbraiding her, he ran her through the body…The king…said: “In accordance with the law I appoint duumvirs to pass judgment upon Horatius for treason [perduellio]. The dread formula or the law ran thus: ‘Let the duumvirs pronounce him guilty of treason; if he shall appeal from the duumvirs, let the appeal be tried; if the duumvirs win, let the lictor veil his head, let [the lictor] suspend him with a rope from a barren tree [arbor infelix]; let [the lictor] scourge him either within or without the pomerium.’ Even though the duumvirs found Horatius guilty, Horatius was allowed to appeal (to the people) and by them was acquitted. However, Horatius’ father had to perform expiatory rites and Horatius himself was forced to pass under the yoke.[5]
But over time with the expansion of the rights of Roman citizens, the use of corporal punishment lessened until the time of Augustus when conviction only carried with it the punishment of aquae et ignis interdictio (exile).[4]
In the kingdom and the early republic, trials were conducted the duumviri perduellionis, who during the Monarchy were appointed by the king. Later on during the Republic they were proposed by the consuls and formally appointed by the comitia (comitia curiata or comitia centuriata). Judgement of the duumviri was not subject to provocatio (appeal). By the third century BC, prosecutions were led by the plebeian tribunes before the assembly but by the late republic, this form of action had become obsolete due to the formation of the permanent court on treason.[6] While obsolete, it could still be revived: eg the case of Gaius Rabirius in 63 BC.
During the empire, perduellio became the designation for a particularly odious type of maiestas.
^ abColquhoun, Patrick (1854), A Summary of the Roman Civil Law (3rd ed.), V. and R. Stevens and Sons, pp. 638–639
^The Early History of Rome: Books I – V of the Ab Urbe Condita, translated by B.O. Foster, New York: Barnes & Noble, Inc., 2005, pp. 34–36
^Nicholas & Lintott 2015. "Such prosecutions became obsolete when crimes of this kind were actionalbe in the quaestio de maiestate". harvnb error: no target: CITEREFNicholasLintott2015 (help)
References
Nicholas, Barry; Lintott, Andrew (2012). "perduellio". In Hornblower, Simon; et al. (eds.). The Oxford classical dictionary (4th ed.). Oxford University Press. doi:10.1093/acrefore/9780199381135.013.4858. ISBN978-0-19-954556-8. OCLC 959667246.
December 02, 2023
perduellio, early, days, ancient, rome, perduellio, latin, pɛrdʊˈɛllɪ, capital, offense, high, treason, although, well, defined, form, action, this, charge, changed, over, course, roman, republic, word, later, became, just, intensifier, more, common, treason, . In the early days of Ancient Rome perduellio Latin pɛrdʊˈɛllɪ oː was the capital offense of high treason although it was not well defined The form of action on this charge changed over the course of the Roman republic The word later became just an intensifier for the more common treason charge maiestas 1 It was set down plainly in the Law of the Twelve Tables as follows The Law of the Twelve Tables orders that he who has stirred up an enemy or who has handed over a citizen to the enemy is to be punished capitally Marcianus D 48 4 3 2 Under the terms of this law those convicted of perduellio were subject to death either by being hanged from the arbor infelix a tree deemed to be unfortunate or by being thrown from the Tarpeian Rock Their families were not allowed to mourn them and their houses were razed 3 History editAs the concept of national sovereignty took hold in Rome perduellio also came to mean an offense which injured or brought into danger the dignity supremacy and power of the commonwealth Roman State This included such things as losing an army violating the rights of the tribunes of the plebs or usurping a function of the State as in the case of Horatius 4 In the Ab Urbe Condita Livy recorded the first instance of both a trial of perduellio and appeal It enraged the fiery youth to hear his sister s lamentations in the hour of his own victory and the nation s great rejoicing And so drawing his sword and at the same time angrily upbraiding her he ran her through the body The king said In accordance with the law I appoint duumvirs to pass judgment upon Horatius for treason perduellio The dread formula or the law ran thus Let the duumvirs pronounce him guilty of treason if he shall appeal from the duumvirs let the appeal be tried if the duumvirs win let the lictor veil his head let the lictor suspend him with a rope from a barren tree arbor infelix let the lictor scourge him either within or without the pomerium Even though the duumvirs found Horatius guilty Horatius was allowed to appeal to the people and by them was acquitted However Horatius father had to perform expiatory rites and Horatius himself was forced to pass under the yoke 5 But over time with the expansion of the rights of Roman citizens the use of corporal punishment lessened until the time of Augustus when conviction only carried with it the punishment of aquae et ignis interdictio exile 4 In the kingdom and the early republic trials were conducted the duumviri perduellionis who during the Monarchy were appointed by the king Later on during the Republic they were proposed by the consuls and formally appointed by the comitia comitia curiata or comitia centuriata Judgement of the duumviri was not subject to provocatio appeal By the third century BC prosecutions were led by the plebeian tribunes before the assembly but by the late republic this form of action had become obsolete due to the formation of the permanent court on treason 6 While obsolete it could still be revived eg the case of Gaius Rabirius in 63 BC During the empire perduellio became the designation for a particularly odious type of maiestas References editCitations Nicholas amp Lintott 2012 Bibliotheca Augustana www hs augsburg de Retrieved 2022 10 01 Smith William 1891 Perduellionis Duumviri A Dictionary of Greek and Roman Antiquities London John Murray p 886 a b Colquhoun Patrick 1854 A Summary of the Roman Civil Law 3rd ed V and R Stevens and Sons pp 638 639 The Early History of Rome Books I V of the Ab Urbe Condita translated by B O Foster New York Barnes amp Noble Inc 2005 pp 34 36 Nicholas amp Lintott 2015 Such prosecutions became obsolete when crimes of this kind were actionalbe in the quaestio de maiestate harvnb error no target CITEREFNicholasLintott2015 help ReferencesNicholas Barry Lintott Andrew 2012 perduellio In Hornblower Simon et al eds The Oxford classical dictionary 4th ed Oxford University Press doi 10 1093 acrefore 9780199381135 013 4858 ISBN 978 0 19 954556 8 OCLC 959667246 Retrieved from https en wikipedia org w index php title Perduellio amp oldid 1169597678, wikipedia, wiki, book, books, library,
