Transcript Roman Law in the West

Law & Justice: Ancient Rome
Period 6 :)
Twelve Tables (c. 450 BC):
a set of everday rules and regulations for the
citizens to follow
TABLE I Procedure: for courts and trials
TABLE II Trials, continued.
TABLE III Debt
TABLE IV Rights of fathers (paterfamilias) over the family
TABLE V Legal guardianship and inheritance laws
TABLE VI Acquisition and possession
TABLE VII Land rights
TABLE VIII Torts and delicts (Laws of injury)
TABLE IX Public law
TABLE X Sacred law
TABLE XI Supplement I
TABLE XII Supplement II
These laws covered everything from marriage between
patricians amd plebians (which was forbidden) to loans
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, Novellae
Codex: collects constitutions from all the Roman emperors
Digesta: collection of legal writings (some dating back to 2nd and 3rd century)
Institutions: Student textsbooks created by Theophilus and Dorotheus
Novellae: 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 belongings
o Night time
o 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 Rome
AD 64 over one third of
Rome was destroyed by
flames
Firemen cont...
• 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.
Ballista: a weapon that launched stones,
used in warfare but also used to knock
down burning houses.
•
•
•
•
•
•
•
•
•
•
•
•
Nightwatch
Policemen
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 judges
o 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 crime
o 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 Jurists
By 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