History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
It was in presence of these judges that the patrons and orators,
surrounded by a crowd of friends and retainers, pleaded the causes of
their clients. They commenced with a brief exposition of the nature of the
points in dispute. Witnesses were afterwards examined, and the arguments
on the case were enforced in a formal harangue. A decision was then given,
according to the opinion of a majority of the judges. The Centumviri
continued to act as judges for a whole year; but the other _judices_ only
sat till the particular cause was determined for which they had been
appointed. They remained, however, on the numerous list of the _judices
selecti_, and were liable to be again summoned till the end of the year,
when a new set was chosen for the judicial business of the ensuing season.
The Prætor had the power of reversing the decisions of the judges, if it
appeared that any fraud or gross error had been committed. If neither was
alleged, he charged himself with the duty of seeing the sentence which the
judges had pronounced carried into execution. Along with his judicial and
ministerial functions, the Prætor possessed a sort of legislative power,
by which he supplied the deficiency of laws that were found inadequate for
many civil emergencies. Accordingly, each new Prætor, as we have already
seen, when he entered on his office, issued an edict, announcing the
supplementary code which he intended to follow. Every Prætor had a totally
different edict; and, what was worse, none thought of adhering to the
rules which he had himself traced; till at length, in the year 686, the
Cornelian law, which met with much opposition, prohibited the Prætor from
departing in practice from those principles, or regulations, he had laid
down in his edict.
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