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
These financial functions of the censors gave rise to an administrative
jurisdiction. In their guardianship of public places they decided where
private buildings had encroached on state property,[1121] or where
public buildings had been usurped by _privati_.[1122] They may at times
have pronounced on the pecuniary penalties meant to enforce the rights
of public property, for they sometimes exercised their coercive power
and proclaimed varying penalties (_multae_) to compel obedience;[1123]
but such quasi-criminal jurisdiction must have been exercised more
frequently by the aediles, and, where the amount of the fine necessitated
the appeal, it must have been pronounced and defended by the latter
magistrates. Jurisdiction bearing a resemblance to that of civil law was
concerned with the _ultro tributa_, when the question arose whether a
contract had been carried out satisfactorily or not, and with disputes
about the public land, the controversy in the latter case lying most
frequently between the _publicanus_ and the _possessor_,[1124] but
sometimes, no doubts between one who claimed to be an owner on the one
hand and the middleman or an occupant on the other. The form of this
jurisdiction varied. Sometimes, when the dispute lay between the state
and an individual, as in the controversies about the _ultro tributa_,
the sentence was the result of a purely magisterial cognisance, although
we may suppose that the censor could, if he pleased, give a _judex_ in
such a case. Where the dispute lay between two _privati_, even though one
of them had the quasi-official position of a _publicanus_, the granting
of a _judex_ or _recuperatores_ was, at least in the later Republic,
usual.[1125]
_The plebeian Magistrates_
The accidental preservation of the tribunate, through the failure of the
decemvirate to do its work, and consequently of the plebeian assembly
in all its purity, led to the persistence of a magistracy chosen only
by and only from the Plebs. But the plebeian aedileship was welded with
the curule office of the same name into practically a single magistracy,
which has already been discussed;[1126] while the tribunate is so
intimately bound up with every phase of the constitutional development
and organisation of Rome, that every one of its leading functions has
already been considered.
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