As the concept of
national sovereignty 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 [Roman State]”. This included such things as losing an army, violating the rights of the
tribunes of the plebs, or usurping a function of the State (as in the case of
Horatius). In the
Ab Urbe Condita,
Livy recorded the first instance of both a trial of
perduellio and
appeal: 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 [perduellio]. 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 [the lictor] suspend him with a rope from a barren tree [
arbor infelix]; let [the lictor] scourge him either within or without the
pomerium.’ 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 when conviction only carried with it the punishment of
aquae et ignis interdictio (exile). 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 ==