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Pro S. Roscio Amerino

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INTRODUCTION. 15<br />

for tlie trial of provincial governors for extortionate<br />

conduct.<br />

Sullas criminal legislation. The great task of organising d<br />

a system of criminal jurisprudence was not undertaken tillj<br />

.:<br />

] the time of Sulla. His method was to group together|<br />

\ crimes which resembled one another, and to appoint sepa-<br />

rate j quaestiones, each established by a corresponding Lex<br />

\ Cornelia, for the trial of each group. Seven Leges Gorneliae<br />

I establishing quaestiones were passed by Sulla, lex repetundarum<br />

or cje revetundis (wliich_jtqok the j3laceof_tlie_earlier<br />

I<br />

laws dealiiig with exf/qytion^. lex de maiestate, lex de pecu-<br />

latiC^Tex de amhitu, lex de sicariis et veneficis, lex de falsis<br />

I<br />

(testamentariaet mimmaria),lex iniuriarum. The various<br />

I<br />

chapters of the lex de sicariis et veneficis treat of (1) assas-<br />

I<br />

I sination {sicarii = "robbers" or "assassins "), (2) poisonjudicial<br />

murder by means<br />

?! ing, (3) arson (incendium), (4)<br />

^ of unjust condemnation or false evidence, (5) parricide.<br />

The Presidents of tlie Standing Courts under SuUa.<br />

Sulla had increased the number of the praetors from six to<br />

eiglit ; of these, two were to have charge of the civil courts,<br />

while the other six were to preside over the quaestiones<br />

perpettiae. Thus the praetors were the ordinary or normal<br />

presidents of the standing criminal courts, and the latter<br />

were distributed among the various praetors by lot. But<br />

from the time of Sulla there were more quaestiones than<br />

there were praetors available for criminal jurisdiction<br />

moreover, in some cases the quaestio had to be divided into<br />

several branches, each branch being under a separate president.^<br />

Hence additional presidents had to be appoiuted.<br />

These were called quaesitores (a name also given to the<br />

praetors as criminal judges).<br />

It seems to have been only in the case of the court<br />

established by the lex de sicariis et veneficis that these<br />

presidents were regularly appointed functionaries, bearing<br />

the official title of iudex quaestionis. At any rate it is only in<br />

murder trials that we find mention of a iudex quaestionis,<br />

who is formally appointed (probably by the people), and<br />

who is obhged to swear that he will administer justice<br />

according to the law by which he is appointed. In the case<br />

of the other courts, the additional presidents were probably

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