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
_praetor urbanus_, and the Princeps probably interfered (if at all) with
their jurisdiction only through his control of the rulings of the praetor
in Rome. We shall trace elsewhere the mode in which the extraordinary
jurisdiction of one of Caesar’s delegates, the praefect of the city, came
to encroach on the ordinary jurisdiction of the Roman courts.
Another method of appeal springs from the principle of delegated
jurisdiction. Caesar, when he cares to exercise civil jurisdiction,
can perform it either personally or through mandataries, and there is
necessarily an appeal from the mandatary to the higher authority, unless
this authority distinctly asserts that no appeal will lie.[1829] The
appeal in such a case, if it is upheld, issues not merely in the veto but
in the reform of the sentence of the mandatary. Caesar may, of course,
employ such delegates as he pleases. Augustus used the _praetor urbanus_
and _consulares_ for home and foreign _appellationes_,[1830] a word which
in this context probably means simply “requests for cognisance” made
to the Princeps. The imperial jurisdiction in matters of trust (_fidei
commissa_) was delegated to consuls or to praetors.[1831] But, apart from
this regular delegation, the Emperor might instruct any one to be his
_judex extra ordinem_, when he did not care to take the case himself.
The appeal from provincial governors was, so far as the public or
senatorial provinces were concerned, the result of a conscious striving
after unity of administration, although it was not wholly unconnected
with Republican precedents; with respect to Caesar’s provinces, it was
a direct consequence of the fact that the governors of these provinces
were merely his legates, although the frequency with which the appeal
was allowed shows the same striving for a centralised jurisdiction.
The principle which in the early Principate regulated appeals from the
public provinces was that these should come invariably to the Senate,
and this principle of the dyarchy, which tended to be disregarded, was
emphatically restated by Nero at the commencement of his reign.[1832]
It was probably a development of a Republican custom in accordance with
which certain important cases had been summoned from the provinces to
Rome by the consuls and Senate (_Romam revocatio_);[1833] but this
principle seems to have been now extended to include true cases of
appeal as well as cases of denial of jurisdiction. When such appeals in
civil matters came to Rome, it is probable that the Senate delegated the
hearing of them to the consuls.
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