The elimination of water and fire [1] ( lat. Aquae et ignis interdictio ) is a type of criminal punishment provided by Roman law . Traditionally imposed by the tribune of the people . Recorded since the era of the First Punic War , had fallen into disuse during the period of the early empire .
Disposition and Hypothesis
The spread of Hellenistic culture and education to the I century BC. er Seriously contributed to the transformation of the Roman mores. Mitigation of the harsh rules of ancestors also affected the judicial system, in particular, the system of punishments: it obviously evolved towards greater humanity. The death penalty is in fact a thing of the past. According to custom, accused of committing a criminal offense could, without waiting for the end of the process, go into exile. In the I century BC. er this punishment received official registration, being fixed in a number of criminal laws of Lucius Cornelius Sulla . However, it is not known how much this softening affected the lower strata of Roman society: indeed, the sources include mainly representatives of the senatorial and equestrian classes [2] . The deprivation of water and fire was appointed for the following crimes [3] :
- Crimes against the greatness of the Roman people , or against the republic. These included actions aimed at reducing the greatness of the gods , the city , the Senate, the abandonment of the army, as well as an uprising against the magistrates , attempts to dismiss them, diminishing the power of the tribunes. The judicial interpretation of crimes was very diverse (the very notion of diminishing greatness was introduced in 102 BC ). Detailed qualifications gave a special law of Julius Caesar , who included in the encroachment on the greatness of the Roman people the transfer of land or people to the enemy, the support of the enemy, the release of prisoners, desertion , conspiracies.
- Abuses of the state treasury are a type of official crimes, such as embezzlement of sacred property, violation of the integrity of the city walls and fortifications. The old law adhered to the practice of being appointed for this exile, and from the law of Julius Caesar, water and fire were also deprived here.
- Public violence , which included actions that prevented the magistrate from sending out his duties, as well as everything that disturbed public peace. Later, accusations of violence against private individuals (not related to insults or taking property, which were considered private delicts ) were also transferred here . Guilty of public violence punished by deprivation of water and fire, in private - confiscation of 1/3 of property and deprivation of honor ( lat. Infamia ).
- Deception , which included a variety of crimes by type: from counterfeiting to breach of trust in private transactions, including measuring, hanging, making false wills, etc.
Sanction
The convict was subject to expulsion from the limits of the Roman state, he lost his civil legal capacity , and all his property was subject to confiscation . It was forbidden to render him any assistance (to give food, shelter). In the case of an unauthorized return, he was declared illegal, that is, he could be killed with impunity by any person.
Notable Cases
- Quint Servilius Tsepion [4]
- Mark Tullius Cicero [5]
- Emilia Lepida [6]
- Julius Caesar’s law of insulting greatness ( lex Iulia de maiestatis ) 46 BC er [7]
- The Law of Pedia, 43 BC er [eight]
- The law of Julius (Augustus) on insulting greatness ( lex Iulia de maiestatis ), 8 BC. er [9]
See also
- Outlaw
- Civil death
Notes
- ↑ Also in the Russian-language literature there is a variant of the translation of the prohibition / prohibition of water and fire .
- ↑ Khrustalev V.K. “Homines duri et molesti”: attitude towards judicial prosecutors in the Roman society of the late republics. Bulletin of the PSPU, issue 13.
- ↑ Omelchenko O. A. General history of state and law. Textbook. Volume 1. M .: TON - Ostozhie, 2000.
- ↑ Tit Livy . History from the founding of the city . Periochium, LXVII.
- ↑ Plutarch . Comparative biographies . Cicero, 32.
- ↑ Cornelius Tacitus . Annals , III, 22-23.
- ↑ Bartosek, 1989 , p. 189.
- ↑ Bartosek, 1989 , p. 194.
- ↑ Bartosek, 1989 , p. 191.
Literature
- Berger, Adolf. Encyclopedic Dictionary of Roman Law. - Philadelphia: The American Philosophical Society, 1953.
- Kelly, Gordon P. A in the Roman Republic. - Cambridge University Press, 2006.
- Bartosek, Milan . Roman law: (Concepts, terms, definitions). - M .: Legal literature, 1989. - 448 p. - 30 000 copies - ISBN 5-7260-0069-2 .