The History of Rome, Book IV eBook

This eBook from the Gutenberg Project consists of approximately 706 pages of information about The History of Rome, Book IV.

The History of Rome, Book IV eBook

This eBook from the Gutenberg Project consists of approximately 706 pages of information about The History of Rome, Book IV.
are involved in obscurity; but they must, it may be presumed, have been nearly the same as in the case of the essentially similar criminal commissions mentioned above.  As to the presidency of these different tribunals there were different regulations in the respective ordinances appointing them:  thus there presided over the tribunal as to exactions a praetor, over the court for murder a president specially nominated from those who had been aediles, over the spear-court several directors taken from the former quaestors.  The jurymen at least for the ordinary as for the extraordinary procedure were, in accordance with the Gracchan arrangement, taken from the non-senatorial men of equestrian census; the selection belonged in general to the magistrates who had the conducting of the courts, yet on such a footing that they, in entering upon their office, had to set forth once for all the list of jurymen, and then the jury for an individual case was formed from these, not by free choice of the magistrate, but by drawing lots, and by rejection on behalf of the parties.  From the choice of the people there came only the “Ten-men” for procedure affecting freedom.

Sullan -Quaestiones-

Sulla’s leading reforms were of a threefold character.  First, he very considerably increased the number of the jury-courts.  There were henceforth separate judicial commissions for exactions; for murder, including arson and perjury; for bribery at elections; for high treason and any dishonour done to the Roman name; for the most heinous cases of fraud—­the forging of wills and of money; for adultery; for the most heinous violations of honour, particularly for injuries to the person and disturbance of the domestic peace; perhaps also for embezzlement of public moneys, for usury and other crimes; and at least the greater number of these courts were either found in existence or called into life by Sulla, and were provided by him with special ordinances setting forth the crime and form of criminal procedure.  The government, moreover, was not deprived of the right to appoint in case of emergency special courts for particular groups of crimes.  As a result of these arrangements, the popular tribunals were in substance done away with, processes of high treason in particular were consigned to the new high treason commission, and the ordinary jury procedure was considerably restricted, for the more serious falsifications and injuries were withdrawn from it.  Secondly, as respects the presidency of the courts, six praetors, as we have already mentioned, were now available for the superintendence of the different jury-courts, and to these were added a number of other directors in the care of the commission which was most frequently called into action—­that for dealing with murder.  Thirdly, the senators were once more installed in the office of jurymen in room of the Gracchan equites.

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The History of Rome, Book IV from Project Gutenberg. Public domain.