Rafał Wojciechowski

European Legal History

The Roman Kingdom

It is traditionally accepted that Rome was founded by Romulus in April of 753 BC.

The beginnings of the Roman state (civitas) was the settlement of the Palatine Hill, whose first residents were the Latini.

Around the 6th century BC they united neighbouring villiages, creating the Septimonium, i.e. The city on seven hills.

According to tradition, Rome was first ruled by seven succesive kings, beginning with Romulus and lasting through Tarquinius Superbus, who was banished in 509 BC.

The Roman Kingdom 2The first and the last kings were certainly elected. Some

of the others may have been hereditary. The king was selected by the Curiate Assembly.

The king exercised supreme executive, judicial, military and religious authority.

Legislative authority was limited by the powers of the Curiate Assembly.

Civil servants were appointed and dismissed by the king.

The Senate was a council of elders with advisory powers. Initially there were 100 of them, and at the end of the Kingdom they numbered 300.

In the event of an interregnum, the Senate appointed successive interreges until a new king was chosen.

The Roman republicThe republic was founded in 509 BC.

The aristocracy that was introduced was then later transformed over two centuries of battles between the plebians and the patricians into oligarchy.

The expansion of Rome to cover all of Italia began in the 5th century BC and lasted until the beginning of the Punician Wars in 264 BC, when Rome began its expanssion into other areas of the Mediterrenian Sea basin.

At the end of the 2nd century BC, the Roman republic was engulfed by internal conflict that slowly turned into a civil war in the 1st century BC.

This led to the transformation of the republic into an empire around the year 27 BC.

The Roman republic 2

The magistratus designated both the civil servant and the office itself. Magistrates were divided into higher (maiores) and lower (minores). Magistrates were selected at popular assemblies called comitia.

Higher officers were consuls, praetors and censors.

Lower officers were aediles, questors and others given specific tasks.

All officers were entitled to potestas, the right to issue edicts and assess penalties for not adhering to them.

The Roman republic 3Civil servants also wielded the imperium, the right to

command army, exercise judicial power and to summon popular assemblies.

All magistrates, with the exception of dictator and censor, shared these characteristics:

• Elected by assembly• Collegiality (at least two people)• Fixed terms of office (usually one year)• Honorary position with no salary• Responsibility before the popular assembly• Civil and criminal liability

Roman republic 4

Consuls held military and administrative powers, as well as some legislative and judicial ones. With time, the latter two were taken over by praetors.

Official documents were signed with the names of two consuls in Rome.

In the 1st century BC, they were assigned the governance of a province and given the title of proconsul after their yearly term of office expired.

Roman republic 5

The office of municipal praetor was created in 367 BC. He exercised the power of iurisdictio, meaning he ruled on the law relevant for resolving a given court dispute. He then handed the case over to a judge, who examined the facts of the case and gave a verdict.

Roman republic 6

In 242 BC the office of praetor peregrinus was established. He wielded the power of iurisdictio in cases involving foreigners, as well as those between foreigners and Roman citizens.

At the beginning of his term the praetor issued an edict detailing the principles under which he would perform his duties of office.

After their term of office was compelted, they were given the title of propraetor and took a position in governing the provinces.

Roman republic 7The office of censor was established in 443 BC. Two

censors were selected by the assembly for a period of 5 years.

Their primary function was to maintain a record of citizens and to estimate their fortunes (census) for the purposes of raising armies and assessing taxes.

Censors also supervised morality in public and private life. Those considered to be undignified could be punished with so called „censorial remarks” (nota censoria).

They reviewed the lists of senators (lustrum), and crossed off the names of the undignified.

Censors also exercised oversight of the public purse and public procurment.

Roman republic 8The dictatorship was an extraordinary office.

The dictator was appointed by the consul based on a resolution of the senate. The first dictator was appointed in the 5th century BC.

His term of office lasted 6 months.

The last dictator in the classical republican sense was appointed in 202 BC.

There was no appeal against the dictator’s judgements to the popular assembly, unlike in the case of judgements from other public servants.

In the 1st century BC the office of the dictator took on a different nature and was the foundation of the power of such exceptional individuals as Sulla (82-79 BC) and Caesar (48-44 BC).

Roman republic 9

Tribunes of the Plebs, first 2, later 5, and finally 10 were selected annually at a plebian assembly or special assembly.

Their territorial jurisdiction covered only the City and a one-mile radius around it.

They were the embodiment of the majesty of the Roman people, therefore they were untuchable and their homes constitued a place of asylum.

Roman republic 9

The tribunes’ powers included:

Convening assemblies of the plebs, with time this came to include the senate, and the right to object to all legal acts that damaged the interests of the plebs.

Those laws could be enacted by the popular assembly, senate or by public officials.

Tribunes could impose a fine or imprison all those acting in a way that damaged the interests of the plebs.

Roman EmpireThe Empire was founded by Octavian August, who won the

civil war and brought peace.

In 28 BC he took the title of "first citizen" (princeps civium), which is the source of the word „principate” to describe the political structure of the Empire in the years 27 BC – 284 AD.

In the years 235-284, the Empire was engulfed by a long political crisis characterized by the presence of many usurpers.

Order was restored by 284 by Dioclecian, who is known as the creator of the political order known as the "dominate"; the Emperor was from then on referred to as "master and lord" (dominus ac deus).

Roman Empire 2During the principate the Emperor ’s power was based

mainly on the regular recurring appointment of him to the office of consul or proconsul. This was the source of the imperium maius giving the princeps supreme military power, ovesight of senatorial provinces and the right to issue edicts.

In addition, the Emperor received the powers of the plebeian tribune, and since the tribunes previously were the embodiment of the majesty of the entire Roman people as well as untouchable, it was thus held the majesty of the people passed to the ruler.

Many Emperors also took the office or the powers of the censor, which allowed them to determine the composition of the senate.

Roman Empire 3During the Empire the Senate had 600 members, taken

from those who had held high public office and satisfied strict financial conditions. The Emperor was responsible for choosing its members.

The Senate’s powers included partial legislative power as well as the power to rule in the most important administrative and tax cases.

Also, the Senate rather than the old comitia was responsible for appointing office holders. The Emperor, however, controlled the list of candidates.

At the end of the 2nd century AD, Emperor Septimius Severus permanently transferred the majority of the Senate’s powers to the Emperor’s officers.

Roman Empire 4Some of the republican offices functioned during the

period of the principate, through the 3rd century, but were replaced by the imperial officers.

Imperial officers performed their duties:• On the basis of a nomination by the Emperor • Monocratically• Without a defined term of office• For a specified salary

The highest imperial officers held the title of prefect, while lower officeres were procurators.

Roman Empire 5The most important imperial prefects were: praefectus praetorio leader of the praetorians and

director of administration in Italia; praefectus Urbi responsible for order and safety in

the City, exercised jurisdiction in criminal cases; praefectus annonae responsible for supplies; praefectus vigilum responsible for fire safety and

some criminal matters; praefectus vehicularum responsible for the postal

service.

Roman Empire 6During the principlate, the city of Rome and Italia were

treated in an excessively privileged manner.

The territories outside of Italia were divided into provinces, in the republican tradition.

The Emperors introduced a system of provinces under the Senate, in which armies were not stationed, and imperial provinces of strategic significance.

Power was exercised in the provinces by governers, who had authority over other officers. An exception was in the imperial provinces, where financial matters were handled by curators who answered directly to the Emperor.

Roman Empire 7During the dominate, the legal position of Italia and other imperial

lands was made uniform. Constantine the Great went further in making the imperial administration uniform during the 4th century.

The state was divided into four prefectures (Italia, Gaul, the Balkans, the East). They were ruled by praetorian prefects.

Prefectures were divided into dioceses. First there were 12, later 14. They were headed by vicars.

Dioceses were divided into provinces, of which there first were 96, and later 120. They were administered by appointees known as president or rector (praeses, rector).

Rome and Constantinople had their own prefects.

Roman Empire 8The late Roman state was characterized by the creation of

military state officers.

They were called duces (sing. dux), and their authority encompassed the area of one or several provinces.

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The Roman state finally split into its Western (until AD 476) and Eastern (until AD 1453) portions.

The last Emperor to use Latin on a broad scale in his legislation and administration was Justinian the Great (527-565). The Empire later took on a distinct Hellenic character.