Crimen Maiestatis and the Poena Legis during the Principate
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Acta Antiqua Academiae scientiarum Hungaricae |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.akademiai.com/doi/pdf/10.1556/068.2014.54.4.5 |
| Doi | http://dx.doi.org/10.1556/068.2014.54.4.5 |
| Field | History |
| Keywords | Roman Principate; poena legis Iuliae maiestatis; aquae et ignis interdictio; extraordinary judiciary |
| Description | It has been argued that during the reign of Roman emperors the crime of lese-majeste was punishable by death, and the arbitrariness of its prosecution has been considered one of the negative aspects of this era. However, the debate on the origin, date and content of the law, which should have formed the frame for all trials - the lex Iulia maiestatis - has not been sufficiently concluded. The paper attempts to prove that it was the aquae et ignis interdictio, i.e. non-voluntary exile, not death, that remained the poena legis during the Principate; death could also be inflicted, but not as the legal penalty. The possibilities of the cognitio extra ordinem, which spread from the beginning of the Principate, and the role of the Senate are duly considered. |