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On the other hand the judicial commissions, which originated out of the civil procedure, probably could not at the outset touch the liberty or life of the citizen, but at the most could only pronounce sentence of exile; this, which had hitherto been a mitigation of punishment accorded to one who was found guilty, now became for the first time a formal penalty This involuntary exile however, like the voluntary, left to the person banished his property, so far as it was not exhausted in satisfying claims for compensation and money-fines.
On the other hand the judicial commissions, which originated out of the civil procedure, probably could not at the outset touch the liberty or life of the citizen, but at the most could only pronounce sentence of exile; this, which had hitherto been a mitigation of punishment accorded to one who was found guilty, now became for the first time a formal penalty This involuntary exile however, like the voluntary, left to the person banished his property, so far as it was not exhausted in satisfying claims for compensation and money-fines.
The judicial cases in which the whole burgesses decided on appeal from the judgment of the magistrate were, down to the time of Sulla, placed in the hands primarily of the tribunes of the people, secondarily of the aediles, inasmuch as all the processes, through which a person entrusted with an office or commission by the community was brought to answer for his conduct of its affairs, whether they involved life and limb or money-fines, had to be in the first instance dealt with by the tribunes of the people, and all the other processes in which ultimately the people decided, were in the first instance adjudicated on, in the second presided over, by the curule or plebeian aediles.
The judicial cases in which the whole burgesses decided on appeal from the judgment of the magistrate were, down to the time of Sulla, placed in the hands primarily of the tribunes of the people, secondarily of the aediles, inasmuch as all the processes, through which a person entrusted with an office or commission by the community was brought to answer for his conduct of its affairs, whether they involved life and limb or money-fines, had to be in the first instance dealt with by the tribunes of the people, and all the other processes in which ultimately the people decided, were in the first instance adjudicated on, in the second presided over, by the curule or plebeian aediles.
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