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 fact that this principle of the appellate jurisdiction of the Senate
required restatement in 54 A.D. prepares us for the ultimate neglect
into which it fell. It is certain that by the close of the second and
beginning of the third century, Caesar, or his great delegate the
praefect of the praetorian guard, is the universal court of appeal
for the whole provincial world. This result cannot be attached to any
power possessed by the Princeps over the proconsuls of the public
provinces; for the statement that he possessed _maius imperium_ over
such governors[1834] can only mean that in any collision of authority
the Princeps is not inferior to the proconsul. The world-wide appellate
jurisdiction of the Princeps was a thing of very gradual growth, and
it originated, not from any idea of his prerogative, but from the
irresistible tendency of provincial governors, senatorial as well as
imperial, to refer their difficulties to the highest interpreting
authority in the Roman world, the Princeps and his _consilium_ of
judicial advisers. It is no wonder that the man who became the central
source of law should also become the universal authority for its
interpretation in detail.
When we turn to criminal jurisdiction, we find that here too there are
three sources of _jus_. The Republic is represented by the _quaestiones
perpetuae_ with their praetors and equestrian _judices_, and also by the
new criminal jurisdiction which has been attached to the consuls and the
Senate; the Principate is represented by the jurisdiction of the Princeps
and his delegates. The jurisdiction of the _quaestiones_, so long as it
continued,[1835] proceeded on the old lines. They judged except where the
case, through a request of the parties accepted by a higher court, was
exempted from their jurisdiction. The higher courts, which might stop
their jurisdiction by accepting a case, were those of the Senate and
the Princeps. Both of these were high courts of voluntary jurisdiction,
and no appeal was permitted from one to the other.[1836] Voluntary
jurisdiction is by its nature difficult to define; but custom tended to
limit the Senate’s cognisance to certain classes of cases. These classes
were determined either by the position of the accused or the nature of
the offence. The Senate tried ordinary crimes, such as murder, adultery,
incest, when they were committed by the members of the upper classes
in society,[1837] and there was a growing feeling, which subsequently
obtained something like legal recognition, that a senator should be
tried by his peers.[1838] But the character of the offence was the chief
determinant of the Senate’s jurisdiction. Any offence of a directly
political character, even in the early Principate a breach of a treaty by
a foreign prince,[1839] tended to come before it. It was the usual court
for extortion or other misuse of powers by provincial governors;[1840]
it judged offences against the majesty of the state;[1841] and when the
Public-domain text, read in full here on John Shaqi.
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