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
In all domestic matters, with the exception of civil jurisdiction
and finance, the consuls were the heads of the administration,[897]
and this, in the developed Republic, meant that they were the chief
servants of the Senate. It was the consuls who regularly consulted this
body, who expressed its decrees, as well as commands which they had
a constitutional right to issue on their own authority, in the form
of edicts, and who brought legislative measures, which had received
senatorial approval, before the _comitia_ of the centuries and of the
tribes. It was they, too, who represented the state to foreign kings and
nations and introduced their envoys into the Senate.
Consular jurisdiction was of two kinds, administrative and criminal.
The administrative justice of the Republic was concerned chiefly with
financial matters touching the interests of the community, such as
pecuniary claims made by the state on individuals or by individuals on
the state. The regular discharge of this duty passed to the censors; but
in the gaps between the censorships it reverted to the consuls. We also
find them adjudicating on questions of property between the cities of
Italy.[898] In this matter they doubtless acted on the instructions of
the Senate.
The criminal jurisdiction of the consuls was expressed in three ways.
It was for centuries, as exercised through the quaestors, the regular
capital jurisdiction for ordinary, as opposed to political, crimes;
it was asserted, as part of their _coercitio_, with or without appeal
according to the nature of the sentence imposed;[899] or it might be
jurisdiction without appeal delegated by the people. We shall trace
elsewhere the growth of a custom by which the _comitia_ assigned
jurisdiction on certain crimes to special commissioners. The people, who
in this delegation were acting on the advice of the Senate, generally
left the appointment of the commission to that body, and the Senate
selected either a consul or a praetor.[900] We also find the consul
presiding over a criminal inquiry (_quaestio_) raised by a point of
international law, such as the question whether the repudiation of a
treaty by the people should have as its consequence the surrender of the
general guilty of concluding it.[901]
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