Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In the early Roman days the custom also obtained of submitting to the
people, by popular vote, the determination of accusations against judges
and other public officers, as matters of general public interest and
the _judicia publica_ of later times owed its existence to this antique
custom. Preators, or those invested with judicial functions were no
exception to the general rule, but all classes of public servants were
directly responsible to the Roman people and were liable to be called
upon, at any time, to answer to a charge which might mean banishment or
death.
In the early days of the Republic, every act of a citizen which was
deemed injurious to the State, or its peace, was called perduellio,
and the offender (perduellis) was tried before the forum of public
sentiment (_populi judicio_) and, if convicted of any violation of the
obligations he owed to the State, he was put to death.[30] The crime
known as _Majestas_, corresponding to the English charge of treason, was
apt, at any time to be preferred against the most upright public servant
and the opinions of the populace were found frequently at variance with
the justice of the cause. Justice was not always found to be consistent
with the expressed will of the multitude of Roman citizenship, for
their opinions were not always shaped or controled by the most exalted
standards of equality. Unpopular officials were frequently condemned,
regardless of the reason for the unpopularity, while the able orator or
popular citizen, was usually successful in his cause.[31]
Under the empire, judicial magistrates, such as Preators, were removed,
at the will of the Emperor, and we find that while Julius Caesar had
appointed sixteen, to settle the disputes of the Romans, Augustus
peremptorily removed four and thus reduced the number to twelve.[32]
The early Anglo-Saxons, like the Israelites of patriarchial days, while
recognizing that the power of distributing or enforcing justice, was
primarily lodged with the people, as a whole, constituting the great body
of society, understood the impossibility of administering justice, in
the concrete, by delegating the performance of such important functions,
without investigation or the understanding of correct ideals, to the
great unskilled mass of the people, in their collective capacity, so apt
to be carried away, in such matters, by variable sentiments, or whims
or caprices, based upon impulses, not always consistent with the proper
standards of right.
In order to insure the rendition of justice to every individual, or to
approximate as nearly as might be, to this object, this important power
was committed, therefore, at a very early day, in England, to specially
selected magistrates, possessing peculiar skill and fitness to hear and
determine causes in courts of law and qualified, by study and training to
discharge these difficult public functions with certainty and expedition,
according to correct standards.
Public-domain text, read in full here on John Shaqi.
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