Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
But, as the foreign activity of Rome increased, and greater individual
responsibility devolved on commanders distant from the centre of affairs
and severed from all collegiate control, the possibilities of magisterial
wrong-doing became too great to allow of the continuance of this simple
system. The original theory was not, indeed, abandoned; the magistrate
was tried before the same civil and criminal courts as the ordinary
citizen; but the first step in the differentiation of ordinary from
political jurisdiction was made when the initiatory steps in criminal
proceedings against the magistrate were made the duty of a special
office. It was the tribunes who were now used by the state—that is, by
the Senate—as public prosecutors in criminal matters. It was a rough
kind of justice which they meted out; the various charges which they
brought could hardly be described by specific names, and in few cases
was a penalty fixed by law. They formulated a punishment and brought it
before the people, appearing as accusers either before the tribes or,
when the penalty they proposed was a capital one, before the centuries,
and the people, by a special legislative act, accepted or rejected their
proposal.[795] Their superior _potestas_ and, when the injury was done
to their person, their _sacrosanctitas_ gave them the legal right to
coerce any magistrate into appealing or to bring him to trial during his
year of office; but so strong was the feeling against this indignity
to the magistracy that the veto of a colleague postponed the decision
until the expiry of the official functions of the delinquent.[796]
This political jurisdiction was not, however, directed solely against
magistrates, but against any individuals who held an official position,
against the staff-officers (_legati_) of a general,[797] against
envoys[798] and senators,[799] and even against the farmers of the
revenue (_publicani_).[800] The usual victims, however, were consuls
and praetors, and the offences charged were mainly such as came under
the conceptions of treason,[801] or were open violations of the rules
governing the magistracy;[802] but sometimes they were wrongs done to
individuals, such as might have come before the civil courts.[803]
Public-domain text, read in full here on John Shaqi.
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