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
The growth of Rome’s provincial territory made the continuance of this
clumsy and casual jurisdiction impossible. The creation of the standing
criminal courts (_quaestiones perpetuae_), with their presidents and
juries, was the reaction of the provinces on Rome. We shall speak
elsewhere of the mixed character of these courts, which were formed of a
fusion of ideas borrowed from the criminal and civil law. The earliest
which were created supplied a readier redress and severer punishments for
the delicts of magistrates than the civil courts could give. Others were
based on the classification of political offences. The great codification
of the criminal law effected by Sulla (81 B.C.) rendered the tribunician
jurisdiction superfluous, although it still reappeared at intervals
during the party struggles of the close of the Republic.
We have now reviewed every important aspect of the magistracy in general;
but before going on to describe the separate functions of the magistrates
in administration, so far as these have not been already anticipated,
it will be convenient to touch slightly on the formal conditions
requisite for holding office at Rome. These conditions often illustrate
the magistrate’s position in the state, and they sometimes create real
limitations on his power.
The qualifications for public office (_jus honorum petendorum_)
were based on the general principle that for patrician magistracies
any citizen was eligible,[804] for plebeian only those of plebeian
birth.[805] But to this general rule there were certain limitations based
partly on the idea of the dignity of office, partly on the view that
experience of a certain kind was necessary for the fulfilment of such
responsible functions.
In the first place, citizenship had not its private-law connotation.
Freedmen may not have been _de jure_ excluded from office;[806] but
the lists of magistrates show that not only were the sons of freedmen
ineligible, but that the magistracy was practically reserved to those who
could boast a free grandfather.[807]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account