The consuls were supreme criminal judges at the beginning of the
republic, and were clothed with unlimited power in matters of life and
death. This is shown by the condemnation and execution of the sons of
Brutus and their fellow-conspirators.[18] Associated with the consuls
were, at first, two annually appointed quæstors whom they nominated. The
functions of the quæstors were as unlimited as those of their superiors,
the consuls; but their jurisdiction was confined chiefly to criminal
matters and finance.
The tribunes, sacred and inviolable in their persons as representatives
of the _plebs_ and as their protectors against patrician oppression,
exercised at first merely a negative control over the regular
magistracies of the community. But, finally, they became the chief
public prosecutors of political criminals.
The prætors, whose chief jurisdiction was in civil matters, were
potentially as fully criminal judges as the consuls, and there may have
been a time when a portion of criminal jurisdiction was actually in
their hands. In the later republic, they presided over the _quæstiones
perpetuæ_, permanent criminal tribunals.
The ædiles are found in Roman history exercising functions of criminal
jurisdiction, although their general powers were confined to the special
duties of caring for the games, the market, and the archives.
But the criminal jurisdiction of the magistrates who replaced the king
at the downfall of the monarchy was abridged and almost destroyed by the
famous _lex Valeria_ (_de provocatione_). This law was proposed 509 B.C.
by Publius Valerius, one of the first consuls of Rome, and provided that
no magistrate should have power to execute a sentence of death against a
Roman citizen who had appealed to the judgment of the people in their
public assembly. This _lex_ was the _magna charta_ of the Romans and was
justly regarded by them as the great palladium of their civil liberty.
And it was this law that inaugurated the popular jurisdiction of the
_comitia_. The result was that for more than three hundred years the
final determination of the question of life or death was in the hands of
the people themselves. From the passage of the Valerian law the function
of the magistrates was limited to the duty of convincing the people of
the guilt of an alleged criminal against whom they themselves had
already pronounced a preliminary sentence. The magistrates were,
therefore, not so much judges as prosecutors; the people were the final
judges in the case.
Public-domain text, read in full here on John Shaqi.
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