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
majesty of the Princeps had become identified with that of the state,
it might be employed as a convenient engine of judicial tyranny.[1842]
Its utility was assisted by the unlimited and arbitrary character of
its jurisdiction. It interpreted while it judged; it might extend the
incidence of a law and frame new penalties; it might even punish in cases
where no penalty was fixed by law;[1843] and the principle, forbidden in
the _quaestiones_, of uniting several crimes in the same charge, was here
admitted.[1844] This jurisdiction was technically, perhaps, a _cognitio_
of the consuls.[1845] But the Senate was their constant advising body,
and the sentence took the form of a _senatus consultum_. We shall soon
see how the Emperor’s presence at the board enabled him to influence a
jurisdiction which was technically independent of his control.
The voluntary jurisdiction of the Princeps in criminal matters was
theoretically unlimited, and could be exercised at any time or in any
place. It rested with him whether he would undertake the cognisance
(_cognitionem suscipere_) at the request of one of the parties,[1846]
or refer the case to the ordinary courts that is, to the _quaestio_
competent to try it. The relations of the two high courts of voluntary
jurisdiction to the ordinary court of necessary jurisdiction, are
admirably exemplified by the procedure adopted in the trial of Piso
for the murder of Germanicus (A.D. 19-20). It is at the outset assumed
that the case, which is one of poisoning, will come before the special
commission established by the _lex Cornelia de veneficis_. But the
Emperor’s cognisance is sought by the prosecutor, and Tiberius and his
_consilium_ actually listen to the preliminaries of the trial. But
the Emperor soon sees how invidious it will be to pronounce judgment
in a case in which the murder of his own nephew and adopted son is
the subject of investigation, and he, therefore, sends the matter
unprejudiced to the Senate with a request that they should exercise
their voluntary jurisdiction—a request which, coming from the Princeps,
it was practically, although not legally, impossible for the Senate to
decline.[1847]
But, although any request for cognisance might be listened to, the
Princeps usually confined his personal jurisdiction to certain spheres.
These included serious crimes committed by members of the upper ranks in
society, but especially offences committed by imperial servants or by
the officers of the army.[1848] The Emperor might, of course, delegate
this jurisdiction, although the delegation of special cases seems to
have been unusual.[1849] On the other hand, the regular delegation of
certain kinds of offences is frequent enough, and is the basis of the
criminal jurisdiction of the Emperor’s servants, the various praefects
who presided over the city, the praetorian guard, the corn-supply, and
the watch.[1850]
Public-domain text, read in full here on John Shaqi.
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