Perduellio
Encyclopedia
In the early days of Ancient Rome
, perduellio was the term for the capital offense of high treason
. It was set down plainly in the Law of the Twelve Tables as thus:
"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) http://www.hs-augsburg.de/~harsch/Chronologia/Lsante05/LegesXII/leg_ta09.html.
Under the terms of this law, those convicted of perduellio were subject to death either by being hung from the arbor infelix (a tree deemed to be infortunate) or by being thrown from the Tarpeian Rock
. Their families were not allowed to mourn them and their houses were razed.3
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 case of Horatius
)2.
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." (Livy, 1.26)1
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).2
The trial was conducted by 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). The judgement of the duumviri was subject to appeal, which generally was tried by the comitia centuriata unlike in Horatius' trial.3 The prosecution was led by tribunes or aediles.4
By the late Republic the archaic perduellio had become largely obsolete, though it could still be used (see Gaius Rabirius
). Its offenses were covered by the law of maiestas which included a broader range of crimes. Perduellio became the designation for a particularly odious type of maiestas.4
The Law of the Twelve Tables: http://www.hs-augsburg.de/~harsch/Chronologia/Lsante05/LegesXII/leg_ta00.html(Latin)
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
, perduellio was the term for the capital offense of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
. It was set down plainly in the Law of the Twelve Tables as thus:
"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) http://www.hs-augsburg.de/~harsch/Chronologia/Lsante05/LegesXII/leg_ta09.html.
Under the terms of this law, those convicted of perduellio were subject to death either by being hung from the arbor infelix (a tree deemed to be infortunate) or by being thrown from the Tarpeian Rock
Tarpeian Rock
The Tarpeian Rock was a steep cliff of the southern summit of the Capitoline Hill, overlooking the Roman Forum in Ancient Rome. It was used during the Roman Republic as an execution site. Murderers, traitors, perjurors, and larcenous slaves, if convicted by the quaestores parricidii, were flung...
. Their families were not allowed to mourn them and their houses were razed.3
History
As the concept of national sovereigntyNational sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
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
Res publica
Res publica is a Latin phrase, loosely meaning "public affair". It is the root of the word republic, and the word commonwealth has traditionally been used as a synonym for it; however translations vary widely according to the context...
[Roman State].” This included such things as losing an army, violating the rights of the tribunes of the plebs
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
, or usurping a function of the State (as in case of Horatius
Horatii
According to Livy, the Horatii were male triplets from Rome. During a war between Rome and Alba Longa during the reign of Tullus Hostilius , it was agreed that settlement of the war would depend on the outcome of a battle between the Horatii and the Curiatii...
)2.
In the Ab Urbe Condita
Ab urbe condita
Ab urbe condita is Latin for "from the founding of the City ", traditionally set in 753 BC. AUC is a year-numbering system used by some ancient Roman historians to identify particular Roman years...
, Livy recorded the first instance of both a trial of perduellio and appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
:
"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
Pomerium
The pomerium or pomoerium , was the sacred boundary of the city of Rome. In legal terms, Rome existed only within the pomerium; everything beyond it was simply territory belonging to Rome.-Location and extensions:Tradition maintained that it was the original line ploughed by Romulus around the...
.’ 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." (Livy, 1.26)1
But over time with the expansion of the rights of Roman citizens, the use of corporal punishment lessened until the time of Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...
when conviction only carried with it the punishment of aquae et ignis interdictio (exile).2
The trial was conducted by the duumviri perduellionis, who during the Monarchy
Roman Kingdom
The Roman Kingdom was the period of the ancient Roman civilization characterized by a monarchical form of government of the city of Rome and its territories....
were appointed by the king. Later on during the Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
they were proposed by the consuls and formally appointed by the comitia ( comitia curiata or comitia centuriata). The judgement of the duumviri was subject to appeal, which generally was tried by the comitia centuriata unlike in Horatius' trial.3 The prosecution was led by tribunes or aediles.4
By the late Republic the archaic perduellio had become largely obsolete, though it could still be used (see Gaius Rabirius
Gaius Rabirius (senator)
Gaius Rabirius was a senator who was involved in the death of Lucius Appuleius Saturninus. Titus Labienus was put up by Julius Caesar to accuse Rabirius of having been implicated in the murder...
). Its offenses were covered by the law of maiestas which included a broader range of crimes. Perduellio became the designation for a particularly odious type of maiestas.4
External links
- http://www.ancientlibrary.com/smith-dgra/index.html Smith's Dictionary of Greek and Roman Antiquities
The Law of the Twelve Tables: http://www.hs-augsburg.de/~harsch/Chronologia/Lsante05/LegesXII/leg_ta00.html(Latin)
- http://www.fordham.edu/halsall/ancient/12tables.html(English)
- http://www.perseus.tufts.edu/Texts/latin_TOC.html#Livy Ab Urbe Condita, Books I-X