If one passes from the legislative and executive branches of the
Roman government to the judicial, he thinks at once of Roman law, the
greatest legacy which Rome has left us. With that subject we are not
concerned in this book. But the judicial machinery of the Romans and
some phases of their court procedure are of lively interest to one
who is comparing Roman and modern institutions. Of most importance to
us in this connection are the methods which the Romans followed in
dealing with _crimina publica_, with what we may roughly, but somewhat
inexactly, call criminal cases. For the hearing of such cases, by
the early part of the first century before our era, the Romans had
established eight or nine courts under the presidency of praetors and
ex-aediles.[19] The competence of these several courts was essentially
different from that of our courts and may well lead us to ask ourselves
if our system makes for efficiency. One Roman court, for instance,
confined itself to hearing cases of magistrates charged with extortion.
Others heard respectively only cases of forgery, or of treason, or of
corrupt practices at elections, or of peculation in office. Under this
system each court was peculiarly qualified from long experience to deal
with the class of cases which came before it. Under our practice today
where cases of different sorts come before the same judge, such special
competence as the Roman praetor and his board of trained jurists
attained can hardly be gained. The praetor’s court continued to about
the third century. Under the later empire criminal cases were heard
in Italy by the city prefect or the praetorian prefect, and in the
provinces by the governor.
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