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In the early days of Ancient Rome, ''perduellio'' was the term for the capital offense of high treason. It was set down plainly in the Law of the Twelve Tables as thus: "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.3 == History == 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 (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 case of Horatius)2. 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 (). 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 (lictor ) suspend him with a rope from a barren tree (infelix'' ); let (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." (Livy, 1.26)1 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).2 The trial was conducted by the ''duumviri perduellionis'', who during the Monarchy were appointed by the king. Later on during the Republic they were proposed by the consuls and formally appointed by the comitia ( comitia curiata or comitia centuriata). The judgement of the duumviri was subject to appeal, which generally was tried by the comitia centuriata unlike in Horatius' trial.3 The prosecution was led by tribunes or aediles.〔''The Oxford Classical Dictionary.'' 3rd ed. Edited by Simon Hornblower and Antony Spawforth. Oxford University Press Inc., 1999, New York. 1138.〕 By the late Republic, the archaic ''perduellio'' had become largely obsolete, though it could still be used (see Gaius Rabirius). Its offenses were covered by the law of ''maiestas'' which included a broader range of crimes. Perduellio became the designation for a particularly odious type of ''maiestas''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「perduellio」の詳細全文を読む スポンサード リンク
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