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
But this limitation was not sufficient. The unrestricted military
jurisdiction of the magistrate was felt not to be in harmony with the
new _régime_. A law was passed by P. Valerius, the first of the consuls,
allowing an appeal to the people in their centuries against every
sentence of a magistrate which was pronounced against the life of a Roman
citizen. This _lex Valeria_ (509 B.C.) completed the popular jurisdiction
which had been growing up during the monarchy,[321] and from this time no
power but the people has the right to pronounce the final death sentence
within the walls;[322] outside this sphere the military jurisdiction of
the consul can be asserted without appeal—hence the distinction between
the _imperium_ at home (_domi_) and abroad (_militiae_); the limit
between the spheres being originally the _pomerium_, later the first
milestone from the city.[323] Without this limit the axes are borne
within the _fasces_, within it they are laid aside. Tradition adds that
it was this final recognition of popular sovereignty which led to the
custom of the consul lowering the _fasces_ before the people when he
addressed them.[324] It does not appear that this great change was forced
on the higher organs of the state by any popular agitation. It is no part
of a distinctively plebeian movement. Senate and People, Patricians and
Plebeians must have equally accepted as inevitable the doom of a power
which had been dwindling to a shadow during the monarchy.
The change from monarchy also witnessed the first attempt to weaken
the unity of the executive power. The consuls were given two general
assistants, the annually appointed _quaestores_. We have noticed the
tradition which assigns these officials to the regal period,[325] but
it is not wholly inconsistent with that which represents them as a part
of the new constitution of 509. From being temporary delegates they now
became permanent assistants of the consuls. Their sphere was as unlimited
as that of the consuls themselves; they were meant simply to obey his
behests. But two departments in which they represented the supreme
magistracy must have stood out prominently from the first. These were
criminal jurisdiction and finance.[326] The “city quaestors” (_quaestores
urbani_), as they were subsequently called to distinguish them from their
provincial colleagues, were known as _quaestores parricidii_[327] and
_quaestores aerarii_. In their first capacity they were delegates whom
the magistrate employed in criminal jurisdiction, probably occupying with
respect to procedure much the same place as the _duoviri_ in the trial
of Horatius.[328] The designation _parricidii_ may, however, show that
they were employed in such criminal cases as did not directly affect the
welfare of the state,[329] and by their side the _duoviri perduellionis_
reappear at intervals during the early Republic. Their financial
functions are generally taken to imply the existence of a state treasury
(_aerarium_).
Public-domain text, read in full here on John Shaqi.
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