Login

12-19-2003, 07:45 AM

Consuls were elected by the Comitia Centuriata. Were the candidates for the year in any way approved or recommended by the Senate? What about Tribuni Plebis? (elected by comitia plebis tributa) Where were capital offenses tried? 
Dates I am referring to are 264-133 bce.

12-19-2003, 02:26 PM

Answer I: 
In republican times, the candidates for the consulat were almost always members of the senate themselves. To become a member of the senate you had to be put on a list by the censor. This was a taxationlist. If you had the money you could enter the senate. This way memberschip of the senate was always in the hands of certain familys. By and large the same familys were the "cradles for consulschip". The same senatorial elite filled the lower offices. Sulla demanded that to become a member of the senate you had to fulfill such a public office. So were the candidates presented to the Comita Centuriata recommended by the Senate? In pratice, yes. For the people always were presented with candidates who were themselves members of the Senate, or senatorial familys. 
 
The elections for the new consuls were presided over by the ruling consul(s) who, after a prayer and an offerring to the gods, had the right to give a speech to the comitia. They could in this way influence the votes. 
 
Before the vote there was a procession of the candidates, who would bring all their clientes with them. This could give a nice indication of the "will of the people". 
 
The voting was done in centuria. Not one men one vote, but one century one vote. The grouping of the centuria was such that the small centuries of the upper classes had more votes 
than the large centuries of the lower classes. This way the consuls elected were always the favourites of certain senatorial familia. 
 
After the vote of the comitia centuriata the consuls had to be formally sworn in by the comitia curiata. In this comitia the senators also had a lot of power. If a consul was not to the liking of the senate they could refuse the procedings by stating that "the gods would not have it". I don't know if this ever has happened. 
 
A lot of books on the subject. 
One example: G. Mousourakis. The historical and institutional context of Roman Law, 2003 ISBN: 0754621146. 
 
Salve , 
 
Gaivs Civilvs

12-20-2003, 01:11 PM

Answer II: 
 
In the early republican days capital offences were tried in 2 places. First there were the proceedings at the Forum Romanum before the consuls. Or rather their representatives the two viri perduellionis. If these magistrates found the accused (reus) guilty, the trial was taken before the comitia centuriata. This meeting was called a judicium populi de capite. Since 449 BC the comitia centuriata took a vote on wheter the capital penalty was to be executed. This vote took place at the Campus Martius, like all meetings and votes of the comitia centuriata. This "military" assembly of citizens was not allowed to take place inside the pomerium. 
 
Since about 100 BC these trials became oldfashioned. 
In the time of Sulla there were 8 capital charges examined by 6 permanent criminal courts or quaestiones perpetuae. 
These were presided over by 6 praetores questiones. 
The cases were tried before a consilium of iudices/voting judges. ( This was in fact much like the american trial by jury) 
Were these courts of justice were located, I do not know. 
 
Salve, 
 
Gaivs Civilis

12-25-2003, 06:06 AM

What happened to Gaius Civilis after the Batavian revolt was ended?

12-27-2003, 03:04 AM

You are talking about my distant cousin Julius Civilis. He was the leader of the Batavian revolt. The problem is we have only the Roman side of the story. The "isle of the Batavians" was destroyed by a relative of Vespasian, Cerialis. The Batavians stopped fighting. Cerialis offered immunity to Civilis. 
But there the story of Tacitus stops. Cerialus and Civilis met at a bridge. The the Medieval manuscript breaks of. 
 
Civilis may have been murdered by Batavians who didn't agree with stopping the fighting and the immunity of Civilis. 
On the other hand he after all be executed by Cerialis. Civilis had in Roman eyes commited high-treason. And he was responsible for the murder of the legion in Xanten, who had surrendered earlier, but was killed by the Batavians anyway. 
So he might be crusified. 
 
As for Gaivs Civilis, 
 
still going strong, 
 
Vale

Login
Username:
Password:	Lost Password?
	Remember me