Quaestio

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 ?
Del modo en que colaboran la gracia divina y la potencia cognoscitiva humana para alcanzar el conocimiento de los misterios divinos habla tambien Quaestio ad Thalassium (Thai) 59 (30).
Among the topics are quaestio sceptica disputata de philosophia judaeorum: whether there is a Jewish philosophy, sceptical elements in a dogmatic stance: Isaac Polqar against Kabbalah, Jewish scepticism in Christian eyes: Jacob F.
Resumen: El articulo examina los diferentes aspectos de una quaestio iuris que es particularmente actual y discutida entre los canonistas, con respecto a la posibilidad de que los Superiores mayores de los institutos religiosos clericales de derecho pontificio erijan fundaciones pias autonomas con personalidad juridica canonica publica o privada.
PORRO (eds.), Heidegger e i medievali, "Quaestio. Annuario di storia della metafisica" 1 (2001) 213-234.
Lewis points out that this soliloquy is, in fact, a quaestio, a subject of contention in a rhetorical debate that in philosophical terms should be connected to a real-world problem.
The journal Quaestio Iuris, indexed in the Web of Science, of quarterly periodicity, in this volume 11, number 02, 2018, is pleased to inform to all its readers that the article of our journal called "Making the human rights talk matter: are the brazilian state's practices really following its rhetoric towards the protection of human rights defenders in the country?
et Terra stands for Dante's Quaestio de aqua et terra (The Question of the Water and the Earth), of which White (1902) is a translation into English.
A atividade reflexiva e amparada numa rigorosa construcao dialetica, cujo centro esta na formulacao e desenvolvimento da quaestio. Para o proposito deste artigo, e meu objetivo explicitar 1) o sentido do termo quaestio e 2) a solucao de Anselmo de Cantuaria para o tema da presciencia de Deus e da liberdade humana, formulada na sua ultima obra, o Acordo da presciencia, predestinacao e graca de Deus com o livre-arbitrio.
In "Humour and Misogyny in Giovanni Della Casa's Quaestio lepidissima: an uxor sit ducendo" (77-90), Manuela Scarci examines a little known treatise (in the form of a hortative speech) by Giovanni Della Casa, which questions the necessity and usefulness of marriage.
Satuit Technologies, Inc., a global provider of software solutions for the professional investment market, has announced the Quaestio Capital Management SGR has selected SatuitCRM[R] as its firm's Client Relationship Management system, the company said.
Now, moves are on to wind down Atlante, according to Quaestio, the fund's manager.

Legal browser ?