Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
The praetor delegated his power to three classes of judges, called
respectively _judex_, _arbiter_, and _recuperator_. When parties were at
issue about facts, it was the custom for the praetor to fix the question
of law upon which the action turned, and then to remit to a delegate, or
judge, to inquire into the facts and pronounce judgment according to
them. In the time of Augustus there were four thousand judices, who were
merely private citizens, generally senators or men of consideration. The
judex was invested by the magistrate with a judicial commission for a
single case only. After being sworn to duty, he received from the
praetor a formula containing a summary of all the points under
litigation, from which he was not allowed to depart. He was required not
merely to investigate facts, but to give sentence; and as law questions
were more or less mixed up with the case, he was allowed to consult one
or more jurisconsults. If the case was beyond his power to decide, he
could decline to give judgment. The arbiter, like the judex, received a
formula from the praetor, and seemed to have more extensive power. The
recuperators heard and determined cases, but the number appointed for
each case was usually three or five.
The _centumvirs_ constituted a permanent tribunal composed of members
annually elected, in equal numbers, from each tribe; and this tribunal
was presided over by the praetor, and divided into four chambers, which
under the republic was placed under the ancient quaestors. The
centumvirs decided questions of property, embracing a wide range of
subjects. The Romans had no class of men like the judges of modern
times; the superior magistrates were changed annually, and political
duties were mixed with judicial. The evil was partially remedied by the
institution of legal assessors, selected from the most learned
jurisconsults. Under the empire the praetors were greatly increased;
under Tiberius there were sixteen who administered justice, besides the
consuls, six ediles, and ten tribunes of the people. The Emperor himself
became the supreme judge, and he was assisted in the discharge of his
judicial duties by a council composed of the consuls, a magistrate of
each grade, and fifteen senators. At first, the duties of the praetorian
prefects were purely military, but finally they discharged important
judicial functions. The prefect of the city, in the time of the
emperors, was a great judicial personage, who heard appeals from the
praetors themselves.
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