Quaestiones perpetuae in the context of "Constitutional reforms of Sulla"

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⭐ Core Definition: Quaestiones perpetuae

A quaestio perpetua (also judicia publica) was a permanent jury court in the Roman Republic and early Roman Empire. The first was established by the lex Calpurnia de repetundis in 149 BC to try cases on corruption and extortion. More were established in following years to hear cases on various crimes, such as maiestas (treason), ambitus (electoral corruption), peculatus (theft of public funds), and vis (public violence). Unlike the older trials before a popular assembly, which had to be convoked for that purpose by a sitting magistrate, the courts were always open and any citizen could bring charges.

From the formation of the quaestiones through to the lex Aurelia in 70 BC, the composition of the juries was a topic of constant political struggle. Initially, the juries were made up of senators; after the reforms of Gaius Sempronius Gracchus in 122 BC they were made up of equestrians; after the Sullan reforms they were returned entirely to the senate before the lex Aurelia split the juries into three groups of senators, equites, and tribuni aerarii.

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Quaestiones perpetuae in the context of Iudicium populi

A iudicium populi (literally "popular trial" or "popular judgement"; also called a iudicium publicum in earlier periods) was a judicial trial, primarily in the Roman Republic, before one of the popular assemblies. In the proceedings the popular assembly and the people that made it up heard evidence from the prosecuting magistrate and the defendant before rendered a final verdict directly. The presiding and prosecuting magistrate were most often aediles or plebeian tribunes but more rarely could also be one of the quaestors, the duumviri perduellionis, or in religious cases the pontifex maximus.

In the early republic these popular trials were believed to be the only means by which large fines or capital punishments could be administered at Rome, since the Twelve Tables and the laws permitting a citizen's appeal to the people and tribunes (provocatio and auxilium, respectively) made it illegal for a magistrate to otherwise punish a citizen. However, by the second century BC they competed for jurisdiction with the quaestiones perpetuae (permanent jury courts) which heard cases on specific types of cases (such as corruption, public violence, and murder) in a more streamlined manner. The emperors' arrogation of provocatio and assertion of exclusive jurisdiction over the criminal law by the early empire made the iudicium populi obsolete.

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