Legal Definitions - quaestio

In Roman law, the term quaestio (pronounced kwes-chee-oh) had several distinct meanings, primarily referring to types of legal proceedings or methods of interrogation.

• 1. A Special Commission or Tribunal:

  Originally, a quaestio referred to a temporary, specially appointed body by the Roman Senate. These commissions were established to investigate and try serious criminal cases that were deemed to be of significant public interest. They were often given broad authority to handle specific types of crimes or all cases arising within a particular timeframe.

  • Example: During a period of political unrest and suspected treasonous activities following a military defeat, the Roman Senate might have established a quaestio specifically tasked with identifying, prosecuting, and punishing individuals accused of conspiring against the state. This commission would have been granted special powers to expedite trials and ensure public order.

    Explanation: This scenario illustrates a quaestio as a temporary, specialized tribunal created by the Senate to address a pressing public interest (national security) with a focused mandate and enhanced authority.

• 2. A Permanent Criminal Court (Quaestio Perpetua):

  Later in Roman legal history, particularly during the Republic and Empire, quaestio came to refer to a quaestio perpetua, which was a standing, permanent criminal court. Unlike the temporary commissions, these courts were established to handle specific categories of offenses on an ongoing basis, forming the regular judicial system for criminal matters.

  • Example: If a wealthy Roman senator was accused of illegally enriching himself through his provincial governorship – a crime known as repetundae (extortion or embezzlement) – his case would be heard before the quaestio perpetua de repetundis. This was a dedicated, permanent court specifically designed to adjudicate cases of official misconduct and corruption.

    Explanation: This example demonstrates a quaestio perpetua as a regular, established court (not temporary) that specialized in a particular class of crime (official corruption), providing a consistent legal framework for such offenses.

• 3. Interrogation by Torture or the Torture Itself:

  In a more brutal context, quaestio could also refer to the act of interrogating a person through the use of physical torture, particularly applied to slaves or non-citizens, to extract confessions or information. It could also denote the physical torture inflicted itself.

  • Example: A Roman merchant suspected his slave of stealing valuable goods from his warehouse. Under Roman law, the merchant might subject the slave to quaestio – a session of physical torture – in an attempt to force a confession or to reveal the location of the stolen items.

    Explanation: This illustrates quaestio as both the process of interrogation involving physical pain and the actual torture inflicted, used as a means to compel information or an admission of guilt from a suspected individual.