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Updated: May 26, 2025


Then I withdrew, and, in accordance with the views of Corellius and Frontinus, I said, "Curianus, we think that your mother had just grounds for resentment against you." Subsequently, he lodged an appeal before the centumvirs against the other heirs but not against me.

But chance had lately presented the opportunity of making the interesting experiment of assimilating criminal jurisdiction in some of its branches to that of the civil courts. The president and jurors of one of the newly established quaestiones formed as isolated a group as the judex of civil justice with his assessors, or the greater panels of Centumvirs and Decemvirs.

In his civil jurisdiction, the prætor of the city was truly a judge, and almost a legislator; but, as soon as he had prescribed the action of law, he often referred to a delegate the determination of the fact. With the increase of legal proceedings, the tribunal of the centumvirs, in which he presided, acquired more weight and reputation.

The judges were in their places; the decemvirs had arrived; the advocates were moving to and fro, and then came a long silence, broken at last by a message from the praetor. The centumvirs were dismissed and the hearing was put off, at which I was glad, for I am never so well prepared that I am not pleased at having extra time given me.

The recuperatores heard and determined cases, but the number appointed for each case was usually three or five. The centumvirs constituted a permanent tribunal composed of members annually elected, in equal numbers, from each tribe, and this tribunal was presided over by the praetor, and divided into four chambers, which, under the republic, was placed under the ancient quaestors.

At Rome, a better regulated republic, there were certain citizens chosen by the prætor who settled questions of fact, that is to say, decided whether an act had or had not been committed, whether a sum of money had or had not been paid; and the question of law was reserved for the centumvirs. In England the jury still exists and has existed for centuries.

At that he discontinued his case, exclaiming: 'Centumvirs, this is death to our profession." Indeed, it was beginning to go to the bad in other ways when Afer thought that it had already gone to the bad, but it is now practically ruined and destroyed, root and branch. I am ashamed to tell you what an affected delivery these people have and with what unnatural cheering their speeches are greeted.

The recuperators heard and determined cases, but the number appointed for each case was usually three or five. The centumvirs constituted a permanent tribunal composed of members annually elected, in equal numbers, from each tribe; and this tribunal was presided over by the praetor, and divided into four chambers, which under the republic was placed under the ancient quaestors.

The day for the hearing approached, and my co-heirs were disposed to agree to a compromise and come to terms, not because they doubted their legal position, but owing to the troubled state of the times. They were afraid that what had happened to many others might happen to them, and that they might leave the Centumvirs' Court with some capital charge against them.

In his civil jurisdiction the prætor of the city was truly a judge, and almost a legislator; but as soon as he had prescribed the action of law he often referred to a delegate the determination of the fact. With the increase of legal proceedings, the tribunal of the centumvirs in which he presided acquired more weight and reputation.

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