Law & Justice:  Ancient Rome

Period 6 :)

Twelve Tables (c. 450 BC):

a set of everday rules and regulations for the citizens to follow

These laws covered everything from marriage between patricians amd plebians (which was forbidden) to loans

TABLE I Procedure: for courts and trialsTABLE II Trials, continued.TABLE III DebtTABLE IV Rights of fathers (paterfamilias) over the familyTABLE V Legal guardianship and inheritance lawsTABLE VI Acquisition and possessionTABLE VII Land rightsTABLE VIII Torts and delicts (Laws of injury)TABLE IX Public lawTABLE X Sacred lawTABLE XI Supplement ITABLE XII Supplement II

Hows Laws Were Passed• Roman Assembles created the legislative branch and passed all laws.• The assemblies were based on direct democracy, common people would cast

in ballots. •  The assemblies were checked by the senate and the executive branch.• The Curiate Assembly was the principal legislative assembly whose primary

purpose was to elect new kings.• Shortly after the Roman Republic, the principal legislative authority shifted to

two new assemblies, the Tribal Assembly and the Century Assembly.• Only a block of voters (Century, Tribe or Curia),not the individual electors,

casted the formal vote before the assembly.The majority of votes in any Century, Tribe, or Curia decided how that Century, Tribe, or Curia voted.

The Century Assembly• The assembly consists of 193 Centuries.• Each Century belonged to one of three classes: the officer

class, the infantry, and the unarmed adjuncts.• The Centuries voted alone and was done by seniority.  • The head magistrate was known as the Roman Consul • This assembly was the only one to elect Consuls, Praetors

and Censors, only it could declare war,and only it could ratify the results of a census 

Tribal Assembly

• This assembly was much simpler then the Century.•  It based on only thirty-five Tribes and were geographical

divisions • The president of the Tribal Assembly was a usually Consul,

and under his presidency, the assembly elected Quaestors, curule Audiles and Military Tribunes.

• It had the power to pass ordinary laws, but rarely did so.  • The Plebeian Council was identical to the Tribal Assembly

with one key exception: only the commoners had the power to vote before it.

Jurists and Praetors• Jurists advised the magistrates who were entrusted with the

administration of justice, most importantly the praetors.• Praetors created edicts which were publicly announced at

the beginning of their tenure; about how they would handle their duties, and the formularies, according to which specific proceedings were conducted.

• The standard edict functioned like a comprehensive law code, but did not formally have the force of law. It indicated the requirements for a successful legal claim and became the basis for extensive legal commentaries.

Emperor Justianian

- Known as Justinian the Great-Emperor of the Byzantine Empire-Restoration of the empire during his reign-Partially recovered terriories of Western Roman Empire, which included Rome-Uniform rewriting of roman law (Corpus Juris Civilis) during his reign-Architectural masterpieces via his building program (Hagia Sophia: center of Eastern Orth. Christianity)-Outbreak of bubonic plague ended his reign

Corpus Juris Civilis "Body of Civil Law"

-issued from 529 to 534-foundation of laws in all civil law jurisdictions-Codex Theodosianus (Hadrian times), Codex Gregorianus, Codex Hermogenianus (4th century collections) developed authoritive standings-With interest in Roman law and middle laws, he made several new codes from remaining legal material-Influenced Canon law of the church, it said the church lives under Roman law (ecclesia vivit lege romana)-Distributed in language: Latin-4 parts: Codex Justinianus, Digesta, Institutiones, NovellaeCodex: collects constitutions from all the Roman emperorsDigesta: collection of legal writings (some dating back to 2nd and 3rd century)Institutions: Student textsbooks created by Theophilus and DorotheusNovellae: consisted of new laws passed after 534

 

Roman Heritage-

 Roman Law in the East: Many legal concepts of the Greeks appeared in the Roman legislation when the Roman Empire moved towards the East during the 4th century.  With the Greek influences, Constantine restricted the power of males in the family. For example, he created the Codex Theodosianus in 438 AD to acknowledge his laws of descendents and their ability to have proprietary rights. Justinian later decided that the child from a head male in the family would acquire everything from their father and become the proper owner. Following the rules of Justinian as the new emperor, the creation of the Corpus juris civilis was the basis of legal practice in Rome, even through Byzantine history. Later in the 9th century, emperors Basil I and Leo VI the Wise translated Justinian’s codes, the Code and the Digest, into Greek. This translation was known as the Basilica. During the Byzantine Empire’s fall, the Roman Law was essentially preserved in the Justinian Codes and the Basilica. In 1931 in Ethiopia, the Fetha Negest was based on the same principles of the Eastern Orthodox Church and the Justinian Codes.

Continued

Roman Law in the West: Law Codes in the West were edited by the Germanic Kings, but were never really expanded beyond the Italian and Hispanic peninsulas.  The Justinian Code served as models for the Germanic law codes. Around this time, scholars studied Ancient Rome to teach others about their studies; the center of these studies was called Bologna, which turned into one of Europe’s first universities.These students studied Roman Law and concluded that these laws regulated economic transactions. In this instance, Roman Law was reintroduced into legal practices and won support from the kings.In the 16th century , the Roman ideas of law dominated Europe and emerged. The Feudal law and the Canon law, in Europe, were known as Ius Commune, which based legal systems as Civil Laws. 

Roman Punishmentttt;)Common forms of punishment include:        - fines        - bonds        - stripes        - banishment        - slavery        - death Inflicting Death:        - beheading        - strangling in prison        - crucifixion        - burying alive        - being thrown in a river        - being stripped and beaten while held up by a 'fork' (?)

Roman Punishmentttt

For slaves:    - lashing and whipping common; meant to not cause permanent harm    - often suspended by their arms with a wieght tied to feet    - sometimes branded on the forehead    - walking around with a 'furca' sign of shame    - sometimes confined to working in a millhouse    - crucifixions were common until Emperor Constantine  

Roman Punishment (cont.)

Special circumstances:    - forgery was not punishable by death but often resulted in banishment or excommunication        - patricide (killing your father) was punishable by being thrown into a river        ~criminal would be stripped, beaten and sewn into a sack        ~the sack would then be thrown into the river         ~ for treason, snakes would be placed in the sack as well

Roman Punishmentttt    - for soldiers who have been deemed as cowardly, they will be subject to "decimatio"     - this involves a group of "cowardly men" being divided into groups of ten    - the commander would choose one of the 10 men to be beaten and stoned by the remaining 9    - after the soldier was killed the remaining 9 soldiers would be given less food and forced to sleep outside of the camp    - if a prisoner died in prison of the punishment without being sentenced to death, the leader of the punishment would then be given the same punishment

A Typical Roman Trial

By Hannah Basile and Mattie Jacox

    Trial Procedure During the Republic- Any citizen could make a charge against anyone else with the help of a patronus, or a patron.- The person accused of the crime had to be at the charging, and the charge had to be written down and signed by the delator, the accuser, as well as the witnesses, or subscriptores. Up to 48 such witnesses could be brought.- The charge was then delivered to the judge elected by the people, known as the preator, and he presided over the jury court, also known as the quaestiones.- An oath was taken by both the accuser and witnesses saying they would not lie, and should the delator lie, a penalty was decided for that case in this time. - The jury would vote, and should the delator win, they would recieve compensation, or praemium. If he lost, he was fined.

    Trial Procedure During the Empire- The quaestiones role was now filled by the Senate, without appealing to the people.- The three criminal courts were presided over by either the emperor, the consuls or the prefect of the city. - First, a hearing would be heard. Then the charges would be named with the accuser and the witnesses present. The senate would then decide whether the charges should be heard together or divided.- The speeches by the witnesses were timed by a water clock, and then the evidence was presented.- The senate would then debate and a verdict was issued.   

 

 

                   In the Courtroom

- There were esentially no rules for permitting evidence, so it could entered into trial at any time. - Either written or spoken words were seen as legally binding.  - Many people brought frivilous cases to trial, seeing how rewarding the profits could be.

Legal Roles• Judge/presider-praetor/magistratus-elected, consilium-3

legal experts advise praeto• Jury-known as the album judicum, which was made up of 32

to 75 men depending on the case. The majority of the vote decided the verdict.

• The verdict- was either C, condemno, or A, absolvo• Prosecutor- was the accusator, normally a private citizen• Defense Attorney- known as the Patronus or advocatus.

There was either one or more, depending on the case.• Defendant- called reus(defendant)and was innocent untill

proven guilty. They would remain free till trial or imprisoned.• Clerks- were called scribae, and they recorded events...

during the trial• Witness/es- were required by magistrate. called testes

Public Safety Policemen & Firemen

Roman Vigiles• Only services tolerated were with

the emperor• Firemen and policemen• Issues were

o security of belongingso Night timeo Stores

• Augustus used tax on slaves to fund vigiles

• In order to recruit - gain full citizenship and bonus cash after 6 years

Firemen• When a fire broke out the vigiles would

open an official inquiry and judge of the case sitting in court and would decide punishment depending on if the fire was an accident or on purpose.

•  A Sipho was a fire engine pulled by horses and had a large double action pump that was partially submerged in a reservoir of water

• Firefighters were equipped with pumps, buckets, hooks (for pulling down burning material), picks, mattocks and axes.

• Every person was required to keep firefighting equipment in their houses

• own medical support (medici), with four doctors, own chaplains (victimarii, A siphonarius operated a pump and an aquarius supervised the supply of water.

Great Fire of RomeAD 64 over one third

of Rome was destroyed by flames

Ballista: a weapon that launched stones, used in warfare but also 

used to knock down burning houses.

• formed human chains for passing buckets of water to the fire

•  Attempted to smother fires with patchwork quilts (centones) soaked with water

•  threw a vinegar based substance called acetum into fires

•  When escaping multiple story burning buildings, cushions and mattresses were spread out on the ground for people to jump onto from the upper levels.

Firemen cont...

Policemen• Nightwatch• robbers• theives• caturing runaway slaves• Gaurd bathes at night• Petty crimes• Looked for things disturbing peace when in the streets• Riots and violent crimes - Cohortes Unrbanae and the

Praetorian Gaurd• considered para-military unit•  Quarters were private homes or buildings• with expanding cities - more quarters• Prefect of the Vigilles

o similar to judgeso  made rulings in court

Roman Lawyers

Roman Lawyers cont.

• A Roman lawyer was not allowed to be paid by his client• He could only offer strategic advice• His client actually presented the case• The lawyer could present a speech in favor of either side• Was not trained in the law• Lawyers were just good orators• Learned the law through studying speakers• Interested in more practical solutions than theory• Interested in working their way into better offices

Cicero's first court case

• Represented Sextus Roscius, accused of parricide, killing his father

•  Hard first case:o Appalling crimeo People he counter-accused were favorites of the dictator

Sulla• Defense was an indirect attack on Sulla•  Roscius was acquitted on the strength of Cicero's case• Deciding factor was probably a lack of motive that Cicero

outlines

Roman JuristsBy Shannon Beauregard 

• Before the 12 tables the jurists were just a small group of Patricians and some priests who transmitted rules to their dicsiples about the law

• If they made the slightest variation of a law, that would be a fatal mistake

• This job attracted many ambitious and able men because it was a job full of dignity, and at the same time it prevented them from going off to war

• They made little money and had to pass no exam to get the job, they just had to be capable of showing officials they could hold law in memory

• Later, Augusts allowed jurists to give their opinions on certain laws giving making them more important

• In the Classical Roman period they were highly important individuals

 

Coin Representing the twelve tables

What did they do in the Classical Age?• Gave legal opinions to private parties• Advised the Magistrates who were entrusted

with the administration of justice• The most important job they had was advising

the praetors, by drafting edicts which they publically announced, and advised how they handle duties and formularies

•  They produced legal commentaries and treaties

• In AD 130 Salvius Iulianus drafted a standard form of the praetor's edict which was then used by praetors from then on

• It contained detailed descriptions of all cases which the praetor would give a legal action/defense

• It functioned like a comprehensive law code• Another famous Roman Jurist was Herennius

Modestinus, who in Valentinian's "Law of Citations" he is classed as one of the five jurists whose views were decisive

 

Coin of Salvius Iulianus

•  Another of these 5 was Papinianus who was a dear friend to Emperor Servius and went with him to Britain. Before the emperor died he put his two sons, Caracalla and Geta in the hands of Papinianus.He could not keep the peace and was hated by Caracalla who killed him in later years.

Papinianus Statue