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
(_a_) The _IIIviri capitales_, sometimes called by the less technical
name of _IIIviri nocturni_, probably from their duty of extinguishing
fires, were introduced as a standing institution about the year 289
B.C.[1141] Their general function was that of assistance to the other
magistrates in criminal jurisdiction. After the judgment had been
pronounced, they guarded the prisoners and carried out the death
sentence.[1142] Their duties preliminary to a criminal trial were the
preventive imprisonment of the accused and the conduct of a first
examination after a criminal charge had been made.[1143] They also heard
ordinary police-court charges, such as those of vagrancy or nocturnal
disturbance of the peace,[1144] and they exercised police duties in the
town, such as that of preserving order in the streets.[1145] When acting
as magistrates who could give a final judgment, their dealings seem to
have been with slaves and foreigners. There is no evidence that they
possessed any right of sentencing citizens or any higher jurisdiction
which would bring them into contact with the people.
(_b_) The triumvirate of the masters of the mint (_IIIviri
monetales_),[1146] originally an occasional, first becomes a standing
office about the time of the social war.[1147]
(_c_) Six sanitary commissioners, acting probably as subordinates to
the aediles and bearing the titles _IVviri viis in urbe purgandis_ (or
_viarum curandarum_), _IIviri viis extra propiusve urbem Romam passus
mille purgandis_, are first mentioned in Caesar’s Municipal Law (45
B.C.). The first looked to the cleansing of the streets within Rome, the
second perhaps of those within the radius of a mile from the walls.[1148]
(_d_) The _Xviri stlitibus judicandis_ have a strange history; for, from
being simple _judices_, they become minor magistrates of the people.
They are doubtless the decemvirs who were rendered sacrosanct by the
Valerio-Horatian laws of 449 B.C.,[1149] the reason for this protection
being that they were the jurors who decided in cases of freedom,
that ultimate plebeian right which, as the story of Verginia shows,
might sometimes be assailed. By Cicero’s time they are still judges
in _liberales causae_, but they have risen to the rank of independent
magistrates.[1150]
(_e_) The _IIIIviri praefecti Capuam Cumas_[1151] were the elected
delegates who represented the jurisdiction of the praetor in the
_municipia_ and colonies of the Campanian district. Their functions may
be more appropriately discussed when we are dealing with the organisation
of Italy.
Public-domain text, read in full here on John Shaqi.
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