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
In the reorganization of the criminal courts (year 81) Sulla passed
criminal laws, in which he regulated the procedure of the existing
courts and created new quaestiones perpetuae.[2609] His reform increased
the number to seven, four of which were concerned almost wholly with
maladministration of office: (1) quaestio repetundarum, extortion,[2610]
(2) quaestio ambitus, bribery in elections,[2611] (3) quaestio peculatus,
misappropriation of public funds[2612] and sacrilege,[2613] (4)
quaestio maiestatis, injury to the majesty of the Roman name, of which
a private person as well as a magistrate might be guilty.[2614] The
three following were concerned with common crimes: (5) quaestio inter
sicarios et veneficos, assassination, poisoning, and arson,[2615] (6)
quaestio de falsis, counterfeiting and falsification of testaments and
other forgery,[2616] (7) quaestio iniuriarum, acute personal violence,
housebreaking, and probably defamation of character.[2617] These laws
concerning quaestiones contained provisions for granting the accused the
privilege of deciding whether the vote should be oral or by ballot,[2618]
and they directed that the order of voting should be determined by
lot.[2619] The first of these two articles aimed to make the jurors
individually responsible, and the second to prevent influential men from
prejudicing the case by giving their opinions first.[2620]
While the praetor urbanus and praetor peregrinus still busied themselves
with civil jurisdiction, the six other praetors presided over these
courts; but as the number was insufficient, past aediles were appointed
to preside as iudices quaestionis. This arrangement was especially
necessary for the quaestio inter sicarios, overburdened as it was with a
variety of crimes.
As these courts were vested with the function of trying without appeal
all crimes, including those formerly brought before the comitia, the
result was that the people were practically, though not constitutionally,
deprived of their judicial power. The tendency of the Cornelian
legislation in this as in other respects was oligarchic.
Public-domain text, read in full here on John Shaqi.
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