The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
The praetor delegated his power to judges, called Judex, Arbiter, and
Recuperatores. When parties were at issue about facts, it was the custom
for the praetor to fix the question of law upon which the action turned,
and then to remit to a delegate to inquire into the facts and pronounce
judgment according to them. In the time of Augustus there were four
thousand judices, who were merely private citizens, generally senators
or men of consideration. The judex was invested by the magistrate with a
judicial commission for a single case only. After being sworn to duty,
he received from the praetor a formula containing a summary of all the
points under litigation, from which he was not allowed to depart. He was
required not merely to investigate facts, but to give sentence. And as
law questions were more or less mixed up with the case, he was allowed
to consult one or more jurisconsults. If the case was beyond his power
to decide, he could decline to give judgment. The arbiter, like the
judex, received a formula from the praetor, and seemed to have more
extensive power. The recuperatores heard and determined cases, but the
number appointed for each case was usually three or five.
[Sidenote: The centumvirs.]
The centumvirs constituted a permanent tribunal composed of members
annually elected, in equal numbers, from each tribe, and this tribunal
was presided over by the praetor, and divided into four chambers, which,
under the republic, was placed under the ancient quaestors. The
centumvirs decided questions of property, embracing a wide range of
subjects. [Footnote: _Cicero de Orat_., i. 38.] The Romans had no
class of men like the judges of modern times. The superior magistrates
were changed annually, and political duties were mixed with judicial.
The evil was partially remedied by the institution of legal assessors,
selected from the most learned jurisconsults. Under the empire, the
praetors were greatly increased. Under Tiberius, there were sixteen who
administered justice, beside the consuls, six ediles, and ten tribunes
of the people. The emperor himself became the supreme judge, and he was
assisted in the discharge of his judicial duties by a council composed
of the consuls, a magistrate of each grade, and fifteen senators. The
Praetorian prefects, although, at first, their duties were purely
military, finally discharged important judicial functions. The prefect
of the city, in the time of the emperors, was a great judicial
personage, who heard appeals from the praetors themselves.
[Sidenote: Witnesses.]
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