The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
All capital crimes committed by a citizen against another were in a
similar way referred by the consuls to the quaestores parricidii as
their deputies.[1474] The activity of these officials is first mentioned
by the annalists in connection with the trial of Sp. Cassius, not for
murder but for perduellio.[1475] Lange’s[1476] explanation that the
quaestors were appointed duumviri for the trial would satisfy all
requirements; yet in myths of this kind we need not expect absolute legal
consistency.[1477] According to another, perhaps even earlier, version he
was tried and condemned at home by his father.[1478] The second instance
is the trial of M. Volscius, 459, for false testimony,[1479] which was
likewise a capital crime. Their judicial competence was recognized by
the Twelve Tables;[1480] and two capital cases are assigned to their
jurisdiction after the decemvirate, (1) that of Camillus on an accusation
variously stated by the ancient authorities;[1481] he avoided capital
prosecution before the centuries by retiring into exile, and in his
absence was condemned by the tribes to a fine of 15,000 or perhaps
100,000 asses: (2) that of T. Quinctius Trogus brought by the quaestor M.
Sergius,[1482] which must have taken place after 242.[1483] The reason
for the fewness of the known cases is to be sought in the circumstance
that their jurisdiction was substantially limited to common crimes,
whereas political crimes came at first before the duumviri and afterward
before the tribunes of the plebs.[1484] The criminal jurisdiction of
the quaestors must have continued till the institution of standing
quaestiones.[1485]
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