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The Roman term for the appeal from the verdict of the magistrate to the decision of the people. Under the kings the court of appeal was the comitia curiata; after Servius Tullius, the comitia centuriata. While, under the arbitrary rule of the kings, the right of appeal was allowed, on the establishment of the Republic, in 509 B.C., this was imposed on the consuls as a duty, and was repeatedly enjoined by special enactments in all cases where it was a question of life and death, or of corporal punishment. The appeal was only valid within the city, and the pomerium, but not in the camp. Moreover, no one could appeal against the dictator. When afterwards (454 B.C.), besides the consuls, the tribunes and aediles acquired the right of imposing a fine (multa, q.v.), a maximum limit was fixed for it, and if that was exceeded, there was an appeal to the comitia tributa. As this appeal was expected in all legitimate cases, trials of this kind were held immediately before the comitia concerned with such appeals; and after the verdict had been pronounced by the magistrate presiding, it was either confirmed or reversed by the votes of the people. About 195 B.C. the right of appeal was extended over the whole of Italy and the provinces. After permanent courts for certain offences had been established, the quoestiones perpetuoe (SeeQUAeSTIO), the jurisdiction of the people, and with it the appeal thereto, became more and more limited. For the provocatio under the Empire, See APPELLATIO.
Type: Standard
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