Agnes Muriel Clay

“ But in civil cases the magistrate, though controlling the trial and deciding matters of law, was quite distinct from the judge or body of judges who decided the question of fact; and the quaestiones perpetuae, which reduced the magistrate in criminal cases to a mere president of the court, gave him a position inferior to that of the praetor, who tried civil cases, only in so far as the praetor controlled the trial in some degree by his formula, under which the judges decided the question of fact. ”

“ The fundamental conception of Roman magistracy is tenure of the imperium, the sovereignty which resides with the Roman people, but is by it conferred either upon a single ruler for life, as in the later monarchy, or upon a college of magistrates for a fixed term, as in the Republican period. ”

“ The right of summoning and presiding over an assembly of that body of citizens with whose powers the magistrate was invested lay with the higher magistrates only in each class, with the consuls and praetors, and with the tribunes of the plebs. Civil jurisdiction was always a magisterial prerogative at Rome, and criminal jurisdiction also, except in capital cases, the decision of which was vested in the people at least as early as the first year of the Republic, was wielded by magistrates until the establishment of the various quaestiones perpetuae during the last century of the Republic. ”