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 connexion of the praetors with criminal jurisdiction was, apart
from the rare occurrence of a special judicial commission, due to the
growth of the standing courts. These _quaestiones perpetuae_ or _judicia
publica_ were to a large extent modelled on the civil procedure by which
compensation was exacted through a court of _recuperatores_. Hence the
praetors seemed their most appropriate presidents, and the size of
the college was, as we have seen,[943] increased by Sulla to meet the
growing number of these courts. For criminal jurisdiction six praetors
were available, whose provinces were possibly determined by the Senate
and were certainly distributed amongst the designated magistrates by
the use of the lot.[944] Although the general principle of distribution
made each praetor preside over the jurisdiction ordained by a single
law which created a _quaestio_, yet the spheres of jurisdiction were by
no means fixed. Groups of _quaestiones_ or of their branches[945] might
be rearranged every year, and it may not even have been necessary for a
single praetor to maintain a particular sphere of jurisdiction throughout
the whole tenure of his office. The general administrative functions of
the office might interfere with jurisdiction, and a readjustment of the
original distribution of _provinciae_, probably with the consent of the
Senate, seems to have been sometimes necessary.[946]
_The Aediles_
The junction of the plebeian and curule aedileships into a single office
is testified by their being spoken of together where their duties are
mentioned or prescribed by law,[947] and the fusion was so complete that
it is sometimes impossible to discover whether a historical reference
applies to the plebeian or to the patrician magistracy. But in their
respective qualifications for office, forms of election and _insignia_,
the separation was still complete. The plebeian aediles must still be
plebeians, while the curule aediles belonged in alternate years to either
order;[948] the former were elected by the Plebs, the latter by the
_comitia tributa_ of the people; the former sat on the modest bench of
the plebeian officials and had no distinctive dress, the latter sat on
the curule chair and wore the _praetexta_;[949] the anomaly remained that
the one office was not a magistracy at all, the other a magistracy proper
which gave its holder a claim to a seat in the Senate. The one peculiar
privilege of the plebeian aediles—the _sacrosanctitas_ which they shared
with the tribunes—vanished as a consequence of their employment as
officials of the state.[950]
The general position now assumed by the aediles was that of assistants to
the consuls in the administration of the city; in the fulfilment of which
task they had certain special spheres of competence assigned them.[951]
Public-domain text, read in full here on John Shaqi.
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