In the early days of

Ancient Rome In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...

, ''perduellio'' () was the capital offense of

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...

, although it was not well defined. The form of action on this charge changed over the course of the Roman republic. The word later became just an intensifier for the more common treason charge (''maiestas''). It was set down plainly in the

Law of the Twelve Tables The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ...

as follows:

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).

Under the terms of this law, those convicted of ''perduellio'' were subject to death either by being hanged from the ''arbor infelix'' (a tree deemed to be unfortunate) or by being thrown from the Tarpeian Rock. Their families were not allowed to mourn them and their houses were razed.

History

As the concept of

national sovereignty A nation state, or nation-state, is a political entity in which the state (a centralized political organization ruling over a population within a territory) and the nation (a community based on a common identity) are (broadly or ideally) co ...

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 A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...

oman State��. This included such things as losing an army, violating the rights of the

tribunes of the plebs Tribune of the plebs, tribune of the people or plebeian tribune () was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power of the Roman Senate ...

, or usurping a function of the State (as in the case of

Horatius Horatius may refer to: People Roman era * several ancient Roman men of the '' gens Horatia'', including: ** Quintus Horatius Flaccus, the poet known in English as Horace Quintus Horatius Flaccus (; 8 December 65 BC – 27 November 8 BC), Sueto ...

). In the ''

Ab Urbe Condita ''Ab urbe condita'' (; 'from the founding of Rome, founding of the City'), or (; 'in the year since the city's founding'), abbreviated as AUC or AVC, expresses a date in years since 753 BC, 753 BC, the traditional founding of Rome. It is ...

'',

Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled , covering the period from the earliest legends of Rome before the traditional founding i ...

recorded the first instance of both a trial of ''perduellio'' and

appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

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 erduellio 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 he lictorsuspend him with a rope from a barren tree 'arbor infelix'' let he lictorscourge him either within or without the ''
pomerium The ''pomerium'' or ''pomoerium'' was a religious boundary around the city of Rome and cities controlled by Rome. In legal terms, Rome existed only within its ''pomerium''; everything beyond it was simply territory ('' ager'') belonging to Rome ...
''.’ 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.

But over time with the expansion of the rights of Roman citizens, the use of corporal punishment lessened until the time of

Augustus Gaius Julius Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian (), was the founder of the Roman Empire, who reigned as the first Roman emperor from 27 BC until his death in A ...

when conviction only carried with it the punishment of ''aquae et ignis interdictio'' (exile). In the kingdom and the early republic, trials were conducted the ''duumviri perduellionis'', who during the

Monarchy A monarchy is a form of government in which a person, the monarch, reigns as head of state for the rest of their life, or until abdication. The extent of the authority of the monarch may vary from restricted and largely symbolic (constitutio ...

were appointed by the

king King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...

. Later on during the

Republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...

they were proposed by the

consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states thro ...

s and formally appointed by the ''comitia'' ('' comitia curiata'' or '' comitia centuriata''). Judgement of the ''duumviri'' was not subject to '' provocatio'' (appeal). By the third century BC, prosecutions were led by the

plebeian tribune Tribune of the plebs, tribune of the people or plebeian tribune () was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power of the Roman Senate ...

s before the assembly but by the late republic, this form of action had become obsolete due to the formation of the permanent court on treason. While obsolete, it could still be revived: eg the case of Gaius Rabirius in 63 BC. During the empire, ''perduellio'' became the designation for a particularly odious type of ''maiestas''.

References

; Citations ; References * {{refend Roman law Treason