Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

-986 REPETUNDAE. PREPETUNDAE. scale-beam is sometimes called iarcv'v instead of Iex JUnia and the Lox Calpurnia are mlentionedc CUYOV. [JUGUMI.1 [J. Y.] in the Lex Servilia. REI UXO'RIAE or DOTIS ACTIO. [Dos.] The Lex Servilia Glaucia was proposed and catRELA/TIO. [SENATUS.] ried by C. Servilius Glaucia Praetor B. C. 1 00. RELEGA'TIO. [ExsILsaue. p. 515,.] Tlis Lex applied to any nmagistratus who had im.REMANCIPA'TIO. [EMANCIPATIO.] properly taken or received money from any private IREMULCUM (UPljovXKe? Trs vaes), a rope person; but a magistratus could not be accused for towing a ship, and likewise a tow-barge ("Re- during the term of office. The Lex enacted that mulcerln, funis, quo deligata navis magna trahitur the Praetor Peregrinus should annually appoint vice remi'" Isid. Orig. xix. 4. ~ 8; Remuelco est, 450 judices for the trial of this offence: the judices quum scaphae remis navis magna trahitur," Festus, were not' to be senators. The penalties of the Lex s. v.; comp. Caes. B. C. ii. 23, iii. 40; Hirt. B. were pecuniary and exsilium; the law allowed a Alex. 11; Liv. xxv. 30, xxxii, 16; Polyb. i. 27, comperendinatio. (Cic. inz Verr. i. 9.) Before the 28, iii. 46). Lex Servilia, the pecuniary penalty was simple REMU'RIA. [Lst uRIA.] restitution of what had been wrongfully taken; REMUS. [NAVIS, pp. 787, b., 788, a.] this Lex seems to have raised the penalty to double REPA'GULA. [JANUv, p. 626, b.] the amount of what had been wrongfilly taken'; REPETUNDAE, or PECUNIAE REPE- and subsequently it was made quadruple. ExsiTUNDAE. Repetundae Pecaniae in its widest lium was only the punishment in case a man did sense was the term used to designate such sums of not abide his trial, but withdrew from Rome. money as the Socii of the Roman State or indivi- (Savigny, Vdon dent Scalzts der Jliidl.,Zeitsclisft, x.) duals claimed to recover from Magistratus, Judices, Under this Lex were tried M' Aquillius, P. Rutior Publici Curatores, which they had improperly lius, N. Scaurus, and Q. Metellus Numidicus. The taken or received in the Provinciae, or in the Urbs Lex gave the Civitas to any person on whose comRoma, either in the discharge of their Jurisdictio, plaint a person was convicted of Repetundae. (Cic. or in their capacity of Judices, or in respect of any -'o Bealbo, 23, 24.) other public function. Sometimes the word Repe- Th3 Lox Acilia, which seems to be of uncertain tundae was used to express the illegal act for which date (probably B. c. 1 01), was proposed and carried compensation was sought, as in the phrase "' Repe- by Mi' Acilius Glabrio, a Tribunus Plebis, which tundarism insimulari, damnnari;" and Pecuniae enacted that there should be neither ampliatio nor meant not only money, but anything that had comperendinatio. It is conjectured that this is the value. The expression which the Greek writers Lex Caecilia mentioned by Valerius Maximus (vi. sometimes use for Repetundae is &ilct 3&ppwv. (Plut. 9, 10), in which passage if the conjecture is correct, Sulla, 5.) we should read Acilia for Caecilia. (Cic. in Verr. It is stated by Livy (xlii. 1) that before the year Act. i. 17, in Verr. i. 9.) It has sometimes been.n. c. 173, no complaints were made by the Socii of doubted whether the Acilia or Servilia was first being put to any cost or charge by the Roman magis- enacted, but it appears that the Acilia took away tratus. When complaints of exactions were made, the comperendinatio which the Servilia allowed. anI inquiry was instituted into this offence extra or: The Lex Cornelia was passed in the dictatorship dinem ex Senatusconsulto as appears. from the case of Sulla B. C. 81, and continued in force to the time of P. Furius Philus and M. Matienus, who were of C. Julius Caesar. It extended the penalties of accused of this offence by the Hispani. (Liv. xliii. Repetundae to other illegal acts committed in the 2.) The first Lex on the subject was the Calpur- provinces, and to judices who received bribes, to nia, which was proposed and carried by the Tri- those to whose hands the money came, and to those bunus Plebis, L. Calpurniuts Piso (B. c. 149), who who did not give into the Aerarilum their Proconalso distinguished himself as an historical writer. sular accounts (proconsulares rationes). The Praetor By this Lex a Praetor was appointed for trying who presided over this quaestio chose the judges by persons charged with this crime. (Cic. de O/f/ ii. lot fi'orn the Senators, whence it appears that the 21, B2rut. 27.) This Lex only applied to Pro- Servilia Lex was repealed by this Lex, at least so vincial Magistratus, because in the year B. C. 141 far as related to the constitution of the court. according to Cicero (de Fin. ii. 1 6) the like offence This Lex also allowed ampliatio and comperendiin a Magistratus Urbanus was the subject of a natio. The penalties were pecuniary (litis aestiQuaestio extra ordinem. It seems that the penal- matio) and the aquae et ignis interdictio. Under ties of the Lex Calpurnia wer. merely pecuniary, this Lex were tried L. Dolabella, Cn. Piso, C. and at least did not comprise exsilium, for L. Cor- Verres, C. Macer, M. Folteius, and L. Flaccus, nelius Lentulus who was Censor B. c. 147, had the two last of whom were defended by Cicero. In been convicted on a charge of Repetundae in the the Verrine Orations Cicero complains of the conlprevious year. The pecuniary penalty was ascer- perendinatio or double hearing of the cause, which tained by the litis aestimatio, or taking an account the Lex Cornelia allowed, and refers to the practice of all the sums of money which the convicted party under the Lex Acilia, according to which the case had illegally received. for the prosecution, the defence, and the evidence Various leges de repetundis were passed after were only heard once, and so the matter was dethe Lex Calpurnia, and the penalties were con- cided. (Inn Verrs. i. 9.) tinually made heavier. The Lex Junia was passed The last Lex de Repetundis was the Lex Julia probably about B. C. 126 on the proposal of M. Ju- passed in the first consulship of C. Julius Caesar nius Pennus, Tribunus Plebis. It is probable that B. c. 59. (Cic. in Vest. 12.) This Lex consisted this was the Lex under which C. Cato, Proconsul of numerous heads (capita) which have been col — of Macedonia, was living in exile at Tarraco (Cic. lected by Sigonius. (Cic. ad Fainz. viii. 8.) This pro Balbo, 11; Vell. Pat. ii. 8); for at least exsi- Lex repealed the penalty of exsilium, but in adlium was not a penalty imposed by the Calpurnia dition to the litis aestimatio, it enacted that perLex, but was added by some later Lex. This sons convicted under this Lex should lose their

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Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
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Smith, William, Sir, 1813-1893.
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Page 986
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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"Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood." In the digital collection Making of America Books. https://name.umdl.umich.edu/acl4256.0001.001. University of Michigan Library Digital Collections. Accessed May 22, 2025.
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