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How were honestiores and humiliores punished differently under Roman criminal law?
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Marcus Aurelius
Marcus Aurelius, bronze equestrian statue in the Piazza del Campidoglio, Rome.
Under Roman law, particularly by the mid-2nd century, society was divided into two distinct legal classes: the honestiores ("the more honorable") and the humiliores ("the more lowly"). These classifications resulted in significant disparities in how individuals were treated within the judicial system.1
The honestiores, which included senators, equites, and city senators, were entitled to receive specially tender treatment in the courts. In contrast, the humilioresāthe remaining populationāfaced much harsher treatment. The differences in punishment and legal procedure included:1
- Evidence and Testimony: The humiliores were subject to torture when providing witness testimony in court, a practice from which the honestiores were exempt.1
- Physical Punishment: While the honestiores were generally spared such indignities, the humiliores were subject to beatings rather than fines for various offenses.1
- Capital Punishment: For the most serious crimes, the humiliores were often sentenced to execution, frequently in increasingly savage forms, whereas the honestiores were more likely to face exile.1