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
or whether the result was reached merely by exclusion and definition.
There can be no doubt that the qualifications were identical with those
described in the extant lex repetundarum,[2319] attributed by scholars
to M’. Acilius Glabrio, a colleague of Gaius, and adopted accordingly
soon after the Sempronian judiciary law. The terms of the Acilian statute
excluded tribunes of the plebs, quaestors, tresviri capitales, military
tribunes of the first four legions, tresviri for assigning lands, persons
who had fought in the arena for pay or had been condemned by a quaestio
or by the people. It excluded further all under thirty or over sixty
years of age, and all who had their domicile more than a mile from Rome,
the fathers, brothers, and sons of those who held the offices above
enumerated, senators, and their fathers, brothers and sons, as well as
persons living beyond the sea. A part of the statute missing from the
inscription may have contained a minimal property qualification, which
could have been no other than four hundred thousand sesterces; or it may
have restricted jury service to those who “possess a public horse.”[2320]
According to Plutarch Gaius was allowed the privilege of selecting
the jurors. Had he remained in power and continued in this function,
he doubtless could have compelled the courts of his choosing to do
justice. But the privilege seems to have been restricted to the first
list; thereafter, as provided by the lex repetundarum of Acilius the
praetor qui inter peregrinos ius dicit was to attend to the matter.[2321]
The relation between the Sempronian lex iudiciaria and the lex Acilia
repetundarum has not been precisely determined.[2322] If the Sempronian
statute preceded the Acilian,[2323] as is not unlikely, it was the
intention of Gaius to pass a general law regarding the qualifications
and mode of appointment of jurors, to be superseded in large part by a
succession of laws, which dealing with individual courts, should regulate
the qualification and appointment of their several juries as well as the
procedure and the penalties. This policy indicates a conviction that he
could give the reformed judicial system greater stability by making the
separate laws here referred to entirely independent of his original lex
iudiciaria.[2324]
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