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
Delegated jurisdiction was performed usually by the quaestor and the
legates; in both cases it was due to the mandate of the governor,[1546]
who could assign them lictors, if he pleased,[1547] and could always
control their sentences.[1548]
The governor possessed an unfettered criminal jurisdiction over the
members of the stipendiary states; but it cannot be supposed that
he often exercised it. He might summon any case into his court, but
ordinary crimes he doubtless left to the judicial machinery of the states
themselves.[1549] On the other hand, it was held that an offence might
be of such import as to transcend even his competence; and although
there was no legal means of escaping his jurisdiction, it was considered
advisable that he should send cases of a grave political character—those,
for instance, connected with sedition or a popular rising—to be tried at
Rome.[1550] The only restraining influence on the governor’s jurisdiction
was the necessity, imposed by custom, of consulting a council of
advisers.[1551] This _consilium_, however, was purely Roman, being
composed of Roman citizens residing in the _conventus_ and of members of
the governor’s retinue,[1552] and although a council composed wholly of
the latter was usually avoided, there was no legal hindrance to such a
narrow selection.[1553]
Over Roman citizens in the provinces the governor possessed the same
autocratic power; for his jurisdiction here is on a level with that of
the camp, and he gives judgment in a sphere to which the _provocatio_
does not extend.[1554] Yet a strong customary law, which was seldom
disobeyed, directed that he should remit to Rome all cases in which
Roman citizens were to be tried on a capital charge, and that, if he
pronounced judgment himself, he should inflict on them no degrading
punishments.[1555]
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