INTRODUCTION
Delatores are a vivid part of the image of imperial Rome;1 it is probable that they feature in any history covering the Principate. The picture is of low-born men, who had contrived to rise in the world through the rewards of their informing, pandering to the fears of imperial tyrants with unjustified accusaÂtions of treason, thus putting at risk the lives and estates of those honourable senators who scorned sycophancy; the implications are of calumny and greed.
These men - accusers, informers - fall into the interesting area where law and history touch, and the word identifying them has even been accepted into the vernacular - delators, délateurs, delatori. But how far is the image true, and in what way? Tacitus is the chief foundation of our universal picture, but there is room to question both the reality and the context of what he says. We shall return to Tacitus.There is no doubting the real existence of delators as an element, indeed an essential element, of Roman legal procedure. The noun delator comes from the term nomen deferre, the process of laying a name before the magistrate; this was an essential first step in any trial before the quaestiones perpetuae, introduced in the later second century BC, although the noun is not evidenced before the Principate.[387] [388] In the absence of any state prosecution service it was up to some adult (male) citizen to bring any appropriate charge before the criminal or other relevant courts.[389] Preference was normally given to the victim, but the victim's kin or indeed any concerned citizen might be heard. A potential problem was obviously the possibility that someone might use this right of accusation to pay off a private grudge; the problem was compounded when accusers were rewarded from the estates of those they successfully prosecuted. The employment of the term delator, as opposed to accuser or prosecutor, usually implies somebody without a personal stake who makes his denunciation in the hope of some profit for himself. The link between delators and calumny - taken in a wide sense: laying a charge, even a true one, is vexatious if you are doing it primarily for the rewards - is always in the background. Accuser (accusator) is the neutral term; informer (index) implies somebody on the fringes of the crime he denounces. Hence our earliest references to accusers who were not themselves victims are already pejorative. B.
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