History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
M. de Savigny then quotes a number of other examples to prove the
maintenance, and even extension, of the functions of the
defenders of the cities. "Other passages," he continues, "have
reference to the _curia_, the decurions, and even to the
citizens in general. The system of decurions, in general, is
received in the _Breviarium_, with very few modifications,
but merely great abridgement. To one passage of the text which
casually mentions _adoption_, the interpretation adds, as a
commentary, that it is the choice of an individual as a child,
made in presence of the _curia_. The Visigothic
jurisconsult, Graius, says, that _emancipation_, which
formerly took place before the president, was, at the period at
which he wrote, performed before the _curia_."
{243}
Importance Of The Curia.
"The text determines by whom tutors were appointed at
Constantinople, namely, by the prefect of the city, ten senators,
and the prætor, whose duty it was to watch over the interests of
the pupils: the interpretation substitutes in their place the
judge, with the chief men of the town. The text speaks of the
necessity of a decree to authorize the alienation of the property
of a minor: the interpretation adds, that this decree must be
obtained from the judge or the _curia_. The text ordains
that, at Constantinople, wills should be opened by the same
office that received them: the interpretation substitutes the
_curia_ in its place. According to the text, donations
should be registered either before the judge (the governor of the
province), or before the municipal magistrate (the
_duumvir_): the interpretation substitutes the _curia_
for the municipal magistrate--which does not, in reality, alter
the sense of the law, but which proves what is demonstrated by
many other passages, that the general point of view was
completely changed; anciently the chief municipal authority, and
especially jurisdiction, was considered, according to Roman
maxims, to be a personal right of the magistrate: according to
the interpretation, it belonged less to the _defensor_
himself, than to the _curia_ taken collectively. ... Under
the emperors, the _honorati_, that is, those who had
occupied high municipal dignities, had a seat of honour near the
governor of the province when he administered justice; they were
only expected to abstain from being present when their own causes
were under consideration. The interpretation applies this to the
curials; an application which is remarkable in two respects,
first, because it proves that the curials were held in great
consideration, and secondly, because this does not merely refer
to the possession of a seat of honour by them, but to an actual
participation in the jurisdiction of the municipal judge, that
is, of the _duumvir_ or _defensor_. ... The text of the
code ordains that, out of Rome, in order to pronounce sentence on
a criminal accusation brought against a senator, five senators
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