Book XI.
Chap. 18.by the People; and in regard to the former, they named by particular commission a quæstor for the prosecution of each crime. The person chosen by the people was frequently one of the magistrates, and sometimes a private man. He was called the quæstor of Parricide, and is mentioned in the law of the twelve tables[1].
The quæstor nominated the judge of the question, drew lots for the judges, formed the tribunal, under which he presided[2].
Here it is proper to observe what mare the senate had in the nomination of the quæstor, that we may see how far the two powers were balanced in this respect. Sometimes the senate caused a dictator to be chosen in order to exercise the office of quæstor[3]; sometimes they ordained that the people should be convened by a tribune in order to proceed to the nomination of a quæstor[4], and in fine the people sometimes appointed a magistrate to make his report to the senate concerning a particular crime, and to desire them to name a quæstor, as may be seen in the judgment of Lucius Scipio[5] in Livy[6].
In the year of Rome 604 some of these commissions were rendered permanent[7]. All criminal causes were gradually divided into different parts; to which they gave the name of perpetual
- ↑ Pomponius, in the second Law in the Digest de Orig. Jur.
- ↑ See a fragment of Ulpian, who gives another of the Cornelian law, it is to be met with in the Collation of the Mosaic and Roman laws, tit. i, de sicariis & homicidiis.
- ↑ This took place especially in regard to crimes committed in Italy, which were subject chiefly to the inspection of the senate. Sec Livy 1 Dec. book 9, concerning the conspiracies of Capua.
- ↑ This was the case in the prosecution for the murder of Posthumius, in the year 340 of Rome. See Livy.
- ↑ This judgment was given in the year of Rome 567.
- ↑ Book 8.
- ↑ Cicero in Bruto.
