With
the increase of legal proceedings, the tribunal of the centumvirs in
which he presided acquired more weight and reputation. But whether he
acted alone, or with the advice of his council, the most absolute powers
might be trusted to a magistrate who was annually chosen by the votes of
the people. The rules and precautions of freedom have required some
explanation; the order of despotism is simple and inanimate. Before the
age of Justinian, or perhaps of Diocletian, the decuries of Roman judges
had sunk to an empty title: the humble advice of the assessors might be
accepted or despised, and in each tribunal the civil and criminal
jurisdiction was administered by a single magistrate, who was raised and
disgraced by the will of the emperor.
A Roman accused of any capital crime might prevent the sentence of the
law by voluntary exile or death. Till his guilt had been legally proved
his innocence was presumed, and his person was free: till the votes of
the last _century_ had been counted and declared, he might peaceably
secede to any of the allied cities of Italy, or Greece, or Asia.
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