DELA´TIO NO´MINIS
DELA´TIO NO´MINIS In Roman criminal
procedure the first step was to apply to the praetor to allow the accusation
to be made (
postulare), the next formally to
arraign the defendant (
nomen deferre). Some
writers (e. g. Rein in Pauly, s. v.) have not marked this distinction with
sufficient clearness. The two steps of the process are sometimes separated
by an appreciable interval; while Dolabella was prosecuting Ap. Claudius,
his wife Fabia left him
inter postulationem et nominis
delationem (Caelius to Cicero,
Cic.
Fam. 8.6),--a divorce which cleared the way for Dolabella's
marriage with Tullia. Elsewhere we find
delationem
nominis postulare (
Cic.
Div. in Caecil. 20, § 64). The judge
might himself take the initiative and declare his readiness to receive a
nominis delatio; this, however, is
mentioned among the oppressive proceedings of Verres (
Cic. in Verr. 2.38, §
94; 4.19.40).
The postulatio and nominis delatio occur most frequently in prosecutions of
magistrates and provincial governors for misconduct in office [
REPETUNDAE]; especially under
the Lex Servilia, passed by the tribune Glaucia (B.C. 106 or 105) in spite
of the opposition of the senate, which greatly improved the chances of
redress. The fragments of this law are collected by Orellius, and have been
separately edited by Klenze. (Cf. Rein, ap. Pauly; Long,
Excursus on Repetundae in his Cicero, 1.38-41;
Lex
Servil. ed. Klenze, pp. 5, 33 ff. For the use of the phrase in
charges of murder,
Cic. pro Rosc.
Am. 3, § 8;
pro
Cluent. 8.23;
pro Cael. 23.56: in other cases,
in Verr. 2.28.68;
ad Q. Fr. 2.4.)
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