quaestio

See: inquest, inquiry, interrogation, legal proceeding, question, subject, trial

QUAESTIO, Rom. civ. law. A sort of commission (ad quaerendum) to inquire into some criminal matter given to a magistrate or citizen, who was called quaesitor or quaestor who made report thereon to the senate or the people, as the one or the other appointed him. In progress, he was empowered (with the assistance of a counsel) to adjudge the case; and the tribunal thus constituted, was called quaestio. This special tribunal continued in use until the end of the Roman republic, although it was resorted to during the last times of the republic, only in extraordinary cases.
     2. The manner in which such commissions were constituted was this: If the matter to be inquired of was within the jurisdiction of the comitia, the senate on the demand of the consul or of a tribune or of one of its members, declared by a decree that there was cause to prosecute a citizen. Then the consul ex auctoritate senatus asked the people in comitia, (rogabat rogatio) to enact this decree into a law. The comitia adopted it either simply, or with amendment, or they rejected it.
     3. The increase of population and of crimes rendered this method, which was tardy at best, onerous and even impracticable. In the year A. U. C. 604 or 149 B. C., under the consulship of Censorinus and Manilius, the tribune Calpurnius Piso, procured the passage of a law establishing a questio perpetua, to take cognizance of the crime of extortion, committed by Roman magistrates against strangers de pecuniis repetundis. Cic. Brut. 27. De Off.. II., 21; In Vern. IV. 25.
     4. Many such tribunals were afterwards established, such as Quaestiones de majestate, de ambitu, de peculatu, de vi, de sodalitiis, &c. Each was composed of a certain number of judges taken from the senators, and presided over by a praetor, although he might delegate his authority to a public officer, who was called judex quaestionis. These tribunals continued a year only; for the meaning of the word perpetuus is (non interruptus,) not interrupted during the term of its appointed duration.
     5. The establishment of these quaestiones, deprived the comitia of their criminal jurisdiction, except the crime of treason -- they were in fact the depositories of the judicial power during the sixth and seventh centuries of the Roman republic, the last of which was remarkable for civil dissentions, and replete with great public, transactions. Without some knowledge of the constitution of the Quaestio perpetua, it is impossible to understand the forensic speeches of Cicero, or even the political history of that age. But when Julius Caesar, as dictator, sat for the trial of Ligarius, the ancient constitution of the republic was in fact destroyed, and the criminal tribunals, which had existed in more or less vigor and purity until then, existed no longer but in name. Under Augustus, the concentration of the triple power of the consuls, pro-consuls and tribunes, in his person transferred to him as of course, all judicial powers and authorities.

References in periodicals archive ?
She makes some casual accidents, such as assuming Filmer wrote his Quaestio Quodlibetica in 1653, rather than in the late 1620s.
Una quaestio filologica su Virgilio nel Rinascimento meridionale.
1150), Mews argues that the communities influenced by the Hirsau reform studied both secular and sacred authors, scholastic as well as monastic authors (with a special place for Anselm) and states that "to argue that the quaestio had no place in a monastic educational system does not represent the reality of the situation" (194).
For this reason we use the term "domain of application" (DoA, from "Bezugsausdruck"; Dimroth 1998a) for "focus" in Karttunen and Peter's sense, and we use "focus" as it is defined by the question, or quaestio (see section 2.
Even the anonymous treatise of 1302, the Quaestio in utramque partem [For and Against Pontifical Power], written, like John of
See a parallel text at Quaestio disputata de spiritualibus creaturis, ed.
Ockham, 1974b, 168, Ockham, 1978b, 158-59, Quodliber IV, quaestio 32: "Ad propositum dico quod substantia, qualitas, quantitas sunt distincta predicamenta, quamvis quantitas non significet rein absolutam distinctam a substantia et qualitate, quia sunt distincti conceptus et voces easdem res diversimode significantes" (quoted by Left, 208, n.
Thomas Aquinas, Summa theologica, pt III, quaestio 54, art.
For follow-up reading on this vexata quaestio, I suggest waiting for the 2002 spring issue of Giornale italiano di filologia 54.
It was to highlight this "casuistry of sin" that Aquinas situated the quaestio "On War" in the treatise on charity.
He constructs a quaestio in which the respondeo dicendum quod, borrowing from Aquinas's analysis of the human will, sets out an analogical understanding of the distinction between what is necessary and what is free in God's "self-diffusion.
Nel sonetto 132 Petrarca utilizza lo schema della quaestio scolastica (enunciato + interrogazione) per descrivere appunto queue incertezze che Francesco ha a proposito dell'esistenza stessa di Amore.