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 aediles are sometimes found exercising functions of criminal
jurisdiction, all of which cannot be brought into close connexion with
any of their special powers, and which, therefore, do not spring from
the ordinary _coercitio_. This criminal jurisdiction was, like the civil
jurisdiction of the curule aediles, an anomaly, for these magistrates did
not possess the _imperium_. It is to be explained partly as a survival
(for some jurisdiction of the kind had been exercised by the plebeian
aediles) and partly as the result of considerations of convenience.
Before the institution of the _quaestiones perpetuae_ there was a great
lack of criminal courts at Rome. The _quaestores_ were at hand for the
trial of grave capital crimes against individuals, and the tribunes for
political jurisdiction. What was needed was a magistracy for bringing
ordinary and lesser crimes involving a money penalty (_multa_) before the
people, and this was found in the aedileship. It is true that the aediles
were not prohibited from undertaking the prosecution of political crimes
that might be met by a fine, such as a mild case of _majestas_[974] or
the bribery of a bench of _judices_;[975] and judgment on a breach of
the peace (_vis_) was in harmony with their police duties.[976] But as a
rule it is a class of ordinary crimes, somewhat beneath the dignity of
tribunician prosecution, that we find them visiting. Such were adultery
committed either by men or women,[977] usury,[978] illegal speculations
in corn,[979] and the offence of exceeding the amount of domain-land
which the laws permitted an individual to possess.[980] The aediles
were stimulated to a career of prosecution by the singular custom which
permitted them to retain the fines collected and to apply them to any
public purpose which they pleased. We find them expended on buildings and
adornments of the city, and by the plebeian aediles on their games.[981]
_The Quaestors_
We have already spoken of the criminal investigators (_quaestores
parricidii_), whom tradition attributes to the monarchy,[982] and of the
more certain assistants of the consuls for criminal jurisdiction and
finance (_quaestores parricidii et aerarii_), who are assigned to the
early Republic.[983] We have seen that, first nominated by the consuls,
they were soon elected by the tribes,[984] and we have witnessed the
opening of the office to Plebeians when, in 421 B.C., the number of
quaestors was raised from two to four, and one of these officials was
assigned to each consul in the field.[985] About the year 267 B.C.
four more were added for the purposes of Italian administration, and
no further change is recorded until Sulla raised their number to
twenty,[986] although some intermediate increase is not improbable.
Public-domain text, read in full here on John Shaqi.
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