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date: 30 November 2022

ampliatiolocked

ampliatiolocked

  • Adolf Berger,
  • Barry Nicholas
  •  and Andrew Lintott

Extract

Means ‘a further hearing’ and is known to us as a feature of procedure in some *quaestiones and trials before *recuperatores under the republic. When a certain proportion of the jury regarded the evidence of guilt of the accused as insufficient for condemnation or acquittal, they declared or voted ‘non liquet’ (‘it is not clear’) and the president, by pronouncing ‘amplius’, decreed a further hearing. Although normally one ampliatio might be expected to have been sufficient, the system lent itself to abuse by an unscrupulous jury: thus in 138 bce, when L. Aurelius Cotta (Consul 144) was prosecuted by *Scipio Aemilianusde repetundis, proceedings are said to have been repeated seven times. The lex repetundarum (see repetundae) of C. *Sempronius Gracchus imposed penalties on jurors who declared ‘non liquet’ more than twice and more than one third had to do so for a new hearing to take place. C.

Subjects

  • Roman Law

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