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
A peculiar right of the Princeps to try cases from the provinces in
which the lives of Roman citizens were involved may, perhaps, have grown
up during the Principate. It certainly does not exist during the early
portion of this period. Instances of the maintenance of the Republican
principle, that capital charges against Roman citizens should be sent
to Rome, are indeed furnished by such cases as those of the Bithynian
Christians in the reign of Trajan,[1851] and perhaps of St. Paul’s
appeal in the reign of Nero;[1852] and perhaps such a demand for a
trial at Rome was accompanied by a request, usually accepted, to be
tried before the Princeps; but there are as many instances which prove
the unlimited jurisdiction of the provincial governor, at least when
dealing with ordinary crimes. Thus Marius Priscus scourged and strangled
a Roman knight in the province of Africa, and Galba, when governor
of Tarraconensis, crucified a guardian, who was a Roman citizen, for
poisoning his ward.[1853] There are, however, signs that the right to
kill (_jus gladii_), if this expression refers to ordinary as well as
to military jurisdiction, was specially given by the Emperor at least
to the administrators of his own provinces,[1854] which shows that the
frequent requests of one who stood “before Caesar’s judgment seat” to
be tried by Caesar had issued in some standing rule. At a later time,
when the universal criminal appeal to Caesar had grown up, certain
persons—senators, officers, and decurions—are exempted from capital or
severe penalties pronounced by provincial governors,[1855] and this
jurisdiction, reserved for the Princeps, was exercised by the _praefectus
praetorio_ without appeal.
The Princeps was (especially in the early Principate) by no means a
universal court of criminal appeal for the whole Roman world. There was
no appeal to him from the _quaestiones perpetuae_, although he may have
had some right of rescinding the inequitable judgments of such courts
(_in integrum restitutio_); nor is there theoretically any appeal from
the Senate, although the Princeps possesses, through the _tribunicia
potestas_, a practical power of rescinding the judgments of that
body.[1856] In the matter of jurisdiction delegated to his praefects,
the appeal lies unless he wills it away, as he does in favour of the
_praefectus praetorio_. With respect to the provinces, the principle
of the dual control, which we have illustrated with reference to civil
jurisdiction,[1857] must have originally been supposed to hold good
with reference to criminal jurisdiction as well; but the dyarchy was,
in this particular, ultimately dissolved. By the end of the second
century Caesar, represented in most cases by his inappellable praetorian
praefect, was the highest court of criminal appeal for the whole Roman
world.
Public-domain text, read in full here on John Shaqi.
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