RĒMUS. [NAVIS.]

RĔPĔTUNDAE, or PĔCŪNĬAE RĔPĔTUNDAE, was the term used to designate

such sums of money as the socii of the Roman state or individuals

claimed to recover from magistratus, judices, or publici curatores,

which they had improperly taken or received in the Provinciae, or

in the Urbs Roma, either in the discharge of their jurisdictio,

or in their capacity of judices, or in respect of any other public

function. Sometimes the word Repetundae was used to express the

illegal act for which compensation was sought, as in the phrase

_repetundarum insimulari, damnari_; and Pecuniae meant not only

money, but anything that had value. The first lex on the subject

was the Calpurnia, which was proposed and carried by the tribunus

plebis L. Calpurnius Piso (B.C. 149). By this lex a praetor was

appointed for trying persons charged with this crime. It seems that

the penalties of the Lex Calpurnia were merely pecuniary, and at

least did not comprise exsilium. Various leges de repetundis were

passed after the Lex Calpurnia, and the penalties were continually

made heavier. The Lex Junia was passed probably about B.C. 126, on

the proposal of M. Junius Pennus, tribunus plebis. The Lex Servilia

Glaucia was proposed and carried by C. Servilius Glaucia, praetor,

in the sixth consulship of Marius, B.C. 100. This lex applied to

any magistratus who had improperly taken or received money from

any private person; but a magistratus could not be accused during

the term of office. The lex enacted that the praetor peregrinus

should annually appoint 450 judices for the trial of this offence:

the judices were not to be senators. The penalties of the lex were

pecuniary and exsilium; the law allowed a comperendinatio. [JUDEX.]

Before the Lex Servilia, the pecuniary penalty was simply restitution

of what had been wrongfully taken; this lex seems to have raised

the penalty to double the amount of what had been wrongfully taken;

and subsequently it was made quadruple. Exsilium was only the

punishment in case a man did not abide his trial, but withdrew from

Rome. The lex gave the civitas to any person on whose complaint a

person was convicted of repetundae. The Lex Acilia, which seems

to be of uncertain date, was proposed and carried by M’. Acilius

Glabrio, a tribune of the plebs, and enacted that there should be

neither ampliatio nor comperendinatio. The Lex Cornelia was passed

in the dictatorship of Sulla, and continued in force to the time of

C. Julius Caesar. It extended the penalties of repetundae to other

illegal acts committed in the provinces, and to judices who received

bribes, to those to whose hands the money came, and to those who did

not give into the aerarium their proconsular accounts (_proconsulares

rationes_). The praetor who presided over this quaestio chose the

judges by lot from the senators, whence it appears that the Servilia

Lex was repealed by this lex, at least so far as related to the

constitution of the court. This lex also allowed ampliatio and

comperendinatio. The penalties were pecuniary (_litis aestimatio_)

and the _aquae et ignis interdictio_. Under this lex were tried

L. Dolabella, Cn. Piso, C. Verres, C. Macer, M. Fonteius, and L.

Flaccus, the two last of whom were defended by Cicero. In the Verrine

Orations Cicero complains of the comperendinatio or double hearing

of the cause, which the Lex Cornelia allowed, and refers to the

practice under the Lex Acilia, according to which the case for the

prosecution, the defence, and the evidence were only heard once, and

so the matter was decided. The last lex de repetundis was the Lex

Julia, passed in the first consulship of C. Julius Caesar, B.C. 59.

This lex repealed the penalty of exsilium, but in addition to the

litis aestimatio, it enacted that persons convicted under this lex

should lose their rank, and be disqualified from being witnesses,

judices, or senators. The lex had been passed when Cicero made his

oration against Piso, B.C. 55. A. Gabinius was convicted under this

lex. Under the empire the offence was punishable with exile.

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