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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


V. The Establishment of the Military Monarchy

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 XI - The Old Republic and the New Monarchy


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Page 58

Retention of the Previous Administration of Justice

For the usual procedure in criminal and civil causes the former republican mode of administering justice was substantially retained. Criminal causes were still disposed of as formerly before the different jury-commissions competent to deal with the several crimes, civil causes partly before the court of inheritance or, as it was commonly called, of the -centumviri-, partly before the single -iudices-; the superintendence of judicial proceedings was as formerly conducted in the capital chiefly by the praetors, in the provinces by the governors.

Political crimes too continued even under the monarchy to be referred to a jury-commission; the new ordinance, which Caesar issued respecting them, specified the acts legally punishable with precision and in a liberal spirit which excluded all prosecution of opinions, and it fixed as the penalty not death, but banishment. As respects the selection of the jurymen, whom the senatorial party desired to see chosen exclusively from the senate and the strict Gracchans exclusively from the equestrian order, Caesar, faithful to the principle of reconciling the parties, left the matter on the footing of the compromise-law of Cotta,(29) but with the modification-- for which the way was probably prepared by the law of Pompeius of 699(30)-that the -tribuni aerarii- who came from the lower ranks of the people were set aside; so that there was established a rating for jurymen of at least 400,000 sesterces (4000 pounds), and senators and equites now divided the functions of jurymen which had so long been an apple of discord between them.

29. Cf. V. III. New Arrangement as to Jurymen

30. Cf. V. VIII. And in the Courts

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