If the Quaestiones Perpetuae had had a longer history, they would
doubtless have come to be regarded as a distinct institution, and
their relation to the Comitia would have seemed no closer than the
connection of our own Courts of Law with the Sovereign, who is
theoretically the fountain of justice. But the Imperial despotism
destroyed them before their origin had been completely forgotten, and,
so long as they lasted, these Permanent Commissions were looked upon
by the Romans as the mere depositaries of a delegated power. The
cognisance of crimes was considered a natural attribute of the
legislature, and the mind of the citizen never ceased to be carried
back from the Quaestiones, to the Comitia which had deputed them to put
into exercise some of its own inalienable functions. The view which
regarded the Quaestiones, even when they became permanent, as mere
Committees of the Popular Assembly--as bodies which only ministered to
a higher authority--had some important legal consequences which left
their mark on the criminal law to the very latest period. One
immediate result was that the Comitia continued to exercise criminal
jurisdiction by way of bill of pains and penalties, long after the
Quaestiones had been established. Though the legislature had consented
to delegate its powers for the sake of convenience to bodies external
to itself, it did not follow that it surrendered them. The Comitia and
the Quaestiones went on trying and punishing offenders side by side;
and any unusual outburst of popular indignation was sure, until the
extinction of the Republic, to call down upon its object an indictment
before the Assembly of the Tribes.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account