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Please note that Mommsen uses the AUC chronology (Ab Urbe Condita), i.e. from the founding of the City of Rome. You can use this reference table to have the B.C. dates


IV. The Revolution

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson

The History of Old Rome

Chapter X - The Sullan Constitution


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Page 44

There existed at that time two sorts of procedure before jurymen. The ordinary procedure, which was applicable in all cases adapted according to our view for a criminal or civil process with the exception of crimes immediately directed against the state, consisted in this, that one of the two praetors of the capital technically adjusted the cause and a juryman (-iudex-) nominated by him decided it on the basis of this adjustment. The extraordinary jury-procedure again was applicable in particular civil or criminal cases of importance, for which, instead of the single juryman, a special jury-court had been appointed by special laws.

Of this sort were the special tribunals constituted for individual cases;(34) the standing commissional tribunals, such as had been appointed for exactions,(35) for poisoning and murder,(36) perhaps also for bribery at elections and other crimes, in the course of the seventh century; and lastly, the two courts of the "Ten-men" for processes affecting freedom, and the "Hundred and five," or more briefly, the "Hundred-men," for processes affecting inheritance, also called, from the shaft of a spear employed in all disputes as to property, the "spear-court" (-hasta-).

34. e. g. IV. IV. Dissatisfaction in the Capital, IV. V. Warfare of Prosecutions 35. Cf. IV. II. Vote by Ballot 36. Cf. IV. III. Modifications of the Penal Law

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