THE EARLY EVIDENCE
In the Persa of Plautus a sycophant, a professional parasite, speaks disapprovingly of quadruplatores and their gains, and wishes there were a law to make the successful accuser give half his proceeds to the public purse.[390] The precise status and importance of quadruplatores remains disputed, because there is very little evidence; they seem to have received one quarter of the estate of the person they successfully denounced.[391] Their activities under this name continued into the first century, as we know from an allegation of Cicero's concerning Verres.[392] It is quite clear that they are the forerunners of the delators as known to us a century or more later.
So, from as early as 200 BC, those who laid information could be seen as something of a pest, both as acting maliciously, and as motivated by the hope of reward. Actions were presumably brought by such delators under statutes like the lex Cincia of 204 BC, limiting gifts, including advocates' fees, or the lex Voconia of 169 BC, putting bounds on female inheritance, or under sumptuary laws, such as the lex Fannia of 161 BC, limiting dinner parties, or the lex Aemilia of 115 BC, which was also linked with restrictions on exotic music. One must ask, of course, how else were magistrates to learn about these offences against bonos mores, or about frauds on the grain supply, or the sexual misconduct of apparently respectable matrons; the interested parties would seldom wish these breaches to be known. The magistrates, among them the urban and peregrine praetors exercising civil jurisdiction, were probably inclined to trust their own judgment as to the authenticity of a denunciation; the need for a way of checking calumny may have been slow to emerge.
Informers were vital in Livy's portrayal of a scandal of 186 BC, shortly after Plautus' time.
According to his story, some sort of conspiracy, coniuratio, came into being among the worshippers of Bacchus. The conspiracy was revealed to the consuls, who could claim that it threatened the very fabric of the res publica, by a pair of lovers, Aebutius, a young equestrian, and Hispala Faecenia, a whore with a heart of gold, after an initial meeting between Aebutius' aunt and the consul. As has been well said: “Had the Roman authorities no better method of finding out how many people attended the meetings of a group they knew to be meeting regularly on the Aventine than to ask a freedwoman of dubious character?” [393] But Livy clearly found the topos of the informer suitable for his purposes. Other informers were encouraged; we know from the (so-called) SC de Bacchanalibus that grants of immunity or gifts of reward to these other informers were to be left to the discretion of the consuls. The rewards to Aebutius and Hispala seem generous. They were given, by senatorial decree, 100,000 asses each, sufficient to be rated in the first census class. Aebutius was to be treated as though he had completed his military service, so that he would not have to serve, and the censor would not assign him a public horse; this reward may well have been barbed.[394] Hispala was granted the right to alienate her property, presumably even against her tutor's wishes, to marry outside the gens or clan, or to choose a tutor, just as though this had been granted by a husband in his will; also, explicitly, she could marry someone freeborn. It is not clear what these details mean, but she seems to have been put in the position of someone freeborn and sui iuris; further, she was to be under the protection of the consuls and praetors for her lifetime.[395] The Bacchanalian episode shows informers and rewards to informers firmly established in Roman society, although in this instance the veracity of the accusers was not brought into question.C.
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