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Pro C. Rabirio [Perduellionis Reo] Oratio Ad Quirites

Pro C. Rabirio [Perduellionis Reo] Oratio Ad Quirites


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... But by far the greater number of the trials for perduellio with which we are acquainted occurred in the Republican period, and the procedure was of a very different kind from the above. At the risk of seeming tedious I venture to append a sketch of this procedure, without some account of which it is impossible to understand the case of Rabirius and indeed many others also. The matter of this chapter (C) is mainly taken from or written with reference to Zumpt's Criminalrecht, where the subject is dealt with more at length than in any of the other works I have been able to consult. (a) It is well known that Roman jurisprudence from very early times distinguished the two stages of a civil action (i) the definition of the legal question involved, known as the proceeding in inre, being conducted before the magistrate, and (2) the decision of this question, known as the proceeding in iudicio, being conducted before the competent court, whether held by the magistrate himself or by some index to whom he referred the matter. But it seems that this principle of division was recognized in criminal1 actions also, and that they also began with in ins vocatio: thus Horatius was we are told raptus in ius ad regem. We shall presently see that the procedure of the criminal trials before the people indicia populi) falls into these divisions. (b) The accusers must be magistrates: as a matter of fact they were almost always the quaestores in the period before the Twelve Tables; after that date generally tribnni plebis, now and then their subordinates the aediles. At the 1 Zumpt 1 2 pp 168--70. p 198, Lange II 514, and the cases taken 3 See Zumpt 1 ipp 242--3, Momm-up by them seem to have been chiefly sen n p 290, Lange I 385--9. The those that came under some definite aedile...


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Product Details
  • ISBN-13: 9781151033765
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 64
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1151033766
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 132 gr


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