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 capital jurisdiction of the consuls, expressed through the quaestors,
was exercised in the _comitia centuriata_; an appeal against the
_coercitio_ of consuls and praetors, when the fine which they imposed
passed the limit of the _multa suprema_[1210] came before the _comitia
tributa populi_. The jurisdiction of the aediles[1211] was always
exercised before the tribes; the curule aediles as _magistratus populi_
must have brought their case before the _comitia tributa populi_; the
plebeian aediles, who, as magistrates of the Plebs, had no right of
approaching the people, appeared before the _concilium plebis_. With
regard to the tribunes, where their jurisdiction was capital, it may in
certain cases have been exercised by the _concilium plebis_, but usually
necessitated an appearance before the _comitia centuriata_,[1212] where
it was pecuniary, the tribune would invariably have brought the case
before his own assembly of the Plebs.
The procedure in a _judicium populi_ consisted of two stages. In the
first, the magistrate who intended to impose a sentence which was beyond
the limits of his personal jurisdiction held a preliminary examination
(_anquisitio_).[1213] This is conducted with the fullest publicity before
an informal assembly or _contio_ which he has summoned. This preliminary
investigation is repeated three times, on days not necessarily
consecutive. The magistrate is represented as a prosecutor, and his
expressions of opinion at these meetings are spoken of as _accusationes_.
His final judgment, consequent on the proceedings of the third _contio_,
is a bill (_rogatio_), which he gives notice of his intention to bring
before the _comitia_. The penalty proposed in this bill need not be that
originally suggested, for the investigation may have led the magistrate
to amend his original proposal.[1214]
The legal interval for promulgation—three weeks—then elapsed, and at its
close the proposal was brought by the magistrate before the _comitia_. It
was then either accepted or rejected (necessarily without amendment) by
the assembled people. This formal assembly (_comitia_) was, in judicial
as in legislative acts, preceded by a _contio_; and the magistrate’s
final statement of his proposal before this _contio_ is spoken of
as his “fourth accusation” (_quarta accusatio_).[1215] If, through
any chance, such as evil auspices, the bill was not carried through
the _comitia_, a fresh promulgation, with another interval of three
weeks, was necessary for a revival of the trial. This necessity made a
repetition of a prosecution by the same magistrate on the same charge
very infrequent.[1216]
Public-domain text, read in full here on John Shaqi.
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