The Gracchi Marius and Sulla: Epochs of Ancient HistoryBeesly, A. H. (Augustus Henry)
History
The Gracchi Marius and Sulla: Epochs of Ancient History
Beesly, A. H. (Augustus Henry)
Rome -- History -- Republic, 265-30 B.C.
[Sidenote: Restoration of the Judicia to the Senate.] The judicia have
been often mentioned, and something maybe said about them here. In
civil suits the praetor, as we have seen, had the superintendence.
Sometimes he decided a case at once. Sometimes, if he thought the case
should be tried, he appointed a judex, giving him certain instructions
by which after the investigation he must decide the case. His action
here would be something like one of our judge's charges, but given
before hearing the evidence. There is nothing to prove that a judex of
this kind was at this time taken from any special class, or that
Sulla interfered with the established mode of procedure. [Sidenote:
Organisation of criminal courts.] It was about the constitution of the
criminal courts that the long struggle had raged between the Senate
and equites and here he made great changes. He found some permanent
criminal courts (e.g. the Quaestio de Repetundis, or court for
investigating cases of extortion in the provinces) already in
existence. He instituted or settled others; but it cannot be
ascertained how many of the following, which were in existence after
his time, were due to him. There were at least nine of these permanent
courts (Quaestiones Perpetuae): the Quaestio Majestatis; de vi; de
sicariis &c; de veneficiis; de parricidio; de falso; de repetundis;
peculatus; ambitus; or courts for trying cases of treason, violence,
assassination, poisoning, parricide, forgery, extortion, embezzlement,
and bribery. And there may have been more, e.g. de adulteriis and de
plagiis, for trying cases of adultery and the enslavement of freemen.
[Sidenote: Procedure in the courts.] His object in consolidating them
was to take from the Comitia the settlement of criminal cases, and to
obviate the necessity for appointing special commissions. For there
was no appeal from the quaestio, and a special commission was seldom
requisite when so many courts were available.
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