"public land"; any land conquered/gained by Romains; considered land of the Roman citizens - therefore impossible to own; reality: often sold/bartered/held ransom

• LEX LICINIA SEXTA 367 BC: amount of public land that could be leased out was finally moderated (before this point, improper use of public land by Patricians let to many revolts; Rome's credit locked up in land)
• TIBERIUS GRACCHUS 133 BC - further rerform control over public land - unsuccessful b/c his changes locked up credit system/bankrupted rich men - later killed
• Roman view of public land: shows how govt. controlled vas amount of conquest booty which they gained to demonstrate the way Romans viewed themselves in relation to other people

• means "outstanding one"
• given to GAIUS CAESAR OCTAVIUS in 27 BC - for his amazing reforms of Rome, restoration of some of old republic, & conquering of MARK ANTHONY
• MASS REFORMS OF GOVERNMENT: MARKS CHANGE FROM ROMAN LEGAL CONTROL OF PUBLIC LIFE INTO CONTROL OF PRIVATE LIFE (e.g. adultery and prayer)
• considered Romes FIRST emperor - 3 lifetime powers:

1. PROCONSULAR IMPERIUM: right to issue legal commandments anywhere
2. TRIBUNICIAN power: protestas and sacro sanct
3. AUCTORITAS: authority

• popular, didn't seem to abuse powers; did NOT place this title on himself

• literally means "head" - refers more to one's civic stauts
• originally mentioned in 12 TABLES - voting on one's caput could only take place during greatest assemblies
• esp. important in CAPITAL CHARGES - option of different levels of DE MINUTIO CAPUTIS (lowering of civil status, i.e. inability to vote, own land, or be head of a family)  or DEATH
• shift away from solely civil law to more intricate use of criminal law for unmeasurable damanges
• created b/c bribery and murder are hard to attach specific damage amounts to
• in a criminal system, anyone can SUE or DELATIO NOMINUS (announcing of names), unlike pre 149 BC law in which magisrate would have to announce that there was to be an investigation

• 108 BC to 62 BC
• politician in Rome most famous for his CONSPIRACY to overthrow ROMAN SENATE THROUGH MILITARY ACTION
• was a PRAETOR in 68 BC - then governed Africa, tried to run consulshilp in 65 and 64 - prevented from standing due to allegations of REPETUNDARUM - finally acquitted - ran in 63 - DEFEATED BY CICERO 
• -> lost political support -> turned to drastic measures and conspired to take over Roman Senate via raising an army and killing Cicero (and other senators)
• plan failed when Cicero and spies intervened, alerted Senate of his plan to attack, and stopped invasion w/out invoking emergency powers
• his and 4 conspirators' death - Cicero tried for executing Roman citizens w/out proper trial even though Cat. was  traitor and Cicero's actions saved Rome
• brought into question Cicero's powers as a consul

• 95 BC to 46 BC
• politician contemporary to CICERO; successful career
• great orator, follower of stoic philosophy of life
• very moral/just - fought against corruption
• trial against LUSCIUS LINSCIUS MURENA (Cicero advocated fro his defense)
• legal fights agains POMPEIUS MAGNUS, unsuccessful fight against IIIviri and Caesar's appointment as soel dictator
• represents one of last true Republic supporters - b/c of his great efforts, republic was prolonged
• his life tells much about Roman Stoicists

• 106-43 BC
• Roman politician, famous for his defense speeches, prosecution of Catiline, and his books THE REPUBLIC AND THE LAWS - provide vital insight into Roman law system/structure
• orator who saved republic from overthrow by Catiline
• consul in 63 BC
• despite saving Rome, later tried for depriving Roman citizens of their life w/out a proper trial
• unpopular during end of his life - resorts to exile
• killed in 43 BC in proscription written by IIIviri

• citizenship/laws applying to citizens, CIVIS.
• Roman citz. granted special privileges, i.e. COMMERCIUM
• Citizenship status is attained either through:

1. winning in extorition claims by foreigners
2. passed along by legal marriage of a fatehr citizen

• PATER SEMPER INCERTUS - never certain who fatehr is, important b/c citizenship determed by paternal descent
• peregrine people who aer not citz.
• significant b/c Roman laws and 12 Tables apply only to citizens
• allowed provocation - power to appeal to the people

• prosecuted CATILINE in 65
• was in co-operation w/the defense (according to Cicero)
• MAY 61 - Cicero gave damaging evidence agains thim when he was on trial for tresspassing on Bona Dea festival disguised as a woman
• narrowly acquitted by a heavily bribed jury
• TRIBUNE in 58 BC - RENOUNCED HIS PATRICIAN NAME
• reestablished the laws that forbade execution of Roman citizens w/out trial - enacted against Cicero for his earlier exectuion of Catiline w/out a trial
• when it passed - effective retroactively - primary purpose to punish Cicero -> Cicero went into voluntary exile (instead of prosecuted)
• passed further laws confiscated Cicero's property, burned down his house, auctioned off the lot -> slyly purchased the property
• stood for praetorship in 52 - not elected (b/c of rioting elections)
• murdered by MILO in 52 (that same year) in the Appian way
• his clients among the plebs burned the senate-house as his pyre

• right of compelling reluctant citizens to obey his orders/decrees by inflicting punishment 
• held by EVERY MAGISTRATE w/IMPERIUM
• punishment(?) usually took form of imprisonment b/c provocatio would overrule any attempt to take life of a roman citizen

COMMERCIUM

• right of Roman citizen to engage in business
• those who are NOT citizens lack this right - cannot enter into legally enforceable contracts in Rome
• protects both merchants and customers - makes contracts legally enforceable, gives consumer protection to customers (i.e. merchants can't sell defective products)
• foreigners can earn this right if they sucessfully win in an extortion claim and do not want citizenship
• significance: cost of doing business in the ancient world is very high due to lack of enforceable contracts - commercium lowers transaction costs in Rome by granting aforementioned protections to Roman citizens
• one of most valuable powers of roman citizen

• 2 executives elected annually
• hold tremendous power in Rome or in the province
• onle one consul in Rome at a time (avoid conflict)
• unable to be summoned to court
• tried during consulshilp
• CHIEF EXECUTIVE MAGISTRATES
• have power to call Senate
• terms can be extended "proconsuls" when needed
• have IMPERIUM - power to raise armies outside Rome, ability to issue orders, veto, command troops, coercitio (power to enforce order and have people follow their commands)
• take the auspicium - determines which days official business can be done on
• have jurisdiction - ability to decide what is/isn't law

• power of ROMAN CITIZEN to engage in a legal marriage
• important b/c essential for conumbium to exist for children to become roman citizens
• significance?

• ladder of political advancement
• goes from QUAESTOR (tribune if pleb), AEDILES (2 of each class), to PRAETOR (propraetor), to CONSUL (proconsul), to CENSTOR, to DICTATOR

• in early repubilc: extraordinary MAGISTRATE w/supreme powers appointed in an EMERGENCY for max of 6 months
• e.g. SULLA (his was forced) and CAESAR 
• free of tribune INTERCESSION - unlimited POWER OF LAW

• judicial days on which business of govt could be done
• F for fasus = you could speak
• N for nefasti = can't speak
• CALENDAR organized by urban praetor specifying onw hich days assemblies/business could take place w/out impeity
• dies fasti and nesfasti - officially sanctioned days for religions events when business could not take place

• proclamation with the force of law
• written by praetors/other magistrates
• written on ALBUMS usually
• allowed general public to understand the laws by which they were governed
• MAGISTRATES had IUS EDICENDI - right to isuse edicts
• (above) worked as supplement to IUS CIVILE and IUS HONORARIUM
• what survives today - current foundation of knowledge of ancient Roman laws

• member of Roman upper class
• not senators (but were originally cavalry)
• can engage in trade (unlike Senators)
• kind of family Cicero is from
• SULLA made 300 equestrians part of the Senate during his time as dictator

• clause on behalf of deendant excluding his condemnation if he should prove a fact recognized by praetor as making such condemnation unjust
• e.g. that plaintiff had been guilty of bad faith
• impotance: can be used by defendant as way of proving innocence
• all exceptios had to explicitly cited in the formulas

• stricking mark of the law of early Roman republic (illustrated law's formalism) 
• oral forms necessary and significant in legal transactions and litigation
• will of parties denied effect unless clothed in these forms

• found in FORMULARY SYSTEM and LEGIS ACTIO system
• characteristics: for each cause of action, there was an appropriate FORM of action, expressed in a set of words or FORMULAE
• praetor had power to CREATE NEW formulae to meet new needs
• FORMULAE constituted the PLEADINGS
• whole formula framed as a succession of CONDITIONAL CLAUSES governing an order by teh magistrate to judge/condemn/acquit the defendant
• model formulae for all recognized actions, defenses, etc. were published w/the edict
• root of law deriving from praetors/other magistrates: each cause of action had its appropriate formula coupled w/power of praetor to create new formulae 
• later formed the LEX AEBUTIA?
• FORMULARY system replaces the LEGIS ACTIO (certa verba, where formulas must be exact) and is tied to notion of CONCEPTA VERBA - system is TAILORED to specific legal needs
• CONCEPTA VERBA published on ALBUMS and would list formulas:
• e.g. - appoint judge, - state exact issue at hand, - present formula, - LITIS CONTESTATIO (joinder of issue=no appeals, decision made once and for all), - all exceptions (exceptiones, exceptio) must be outlined in formula

• younger bro of Tiberius Sempronius Gracchus
• after laws meant to avenge his borther and secure himself against a similar fate, he embarked on program of reform. Most important measures:

1. a LEX FRUMENTARIA - assuring citizens of wheat, normally at subsidized price
2. laws providing for the RESUMPTION OF LAND DISTRIBUTION AND FOUNDATION OF COLONIES, including one on ritually cursed site of Carthage
3. laws regulating army service and providing for public works (incentive: to gain support from plebs, relieve poverty and exploitation)
4. law to have DECUMA of the new province of Asia and by censors of Rome
5. laws (probably 2) regulating REPETUNDAE trials - 2nd introducing elemnts of criminal procedure and taking juries from EQUITES - these to protect provincials from magistrates' rapacity, to secure treasury's major revenue agains speculation, to set up members of the non-political class to control politicians
6. law to make senate's designation of consular provinces immune to tribunician veto and to have it before the elections - to remove teh most important administrative decision of the year from personal prejudice

• in 122, proposed to offer citzship to Latins and latin status to Italian allies - to protect them from excesses of Roman magistrates and to maek them subject to his brother's agrarian law
• 121, w/his legislation under attack, GG resorted to armed insurrection - supprssed after first use of SC - they and many supporters wer killed, others executed after arrest

• SUPREME POWER belonging to kings (before their expulsion), consuls, military tribunes w/consular power (445-367 BC), praetors, dictators, and masters of the horuse
• involves command in war and interpretation and execution of law (including infliction of the death penalty)
• general terms: represents the SUPREME AUTHORITY of the community in its dealings w/the individual, and the magistrate in whom imperium is vested represents the community in all its dealings
• practical germs: the power to GIVE ORDERS and to EXACT OBEDIENCE to them (cf. imperare, to command); mostly led armies outside city of Rome
• NUTSHELL:

1. stipulation/binding promise (even when something has not yet gone wrong)
2. award possession (of property)
3. cancel transactions (restitio in intesrum - making whole)
4. interdict

• inquisitorial: magistrate will decide what issues may be presented and how things will take shape
• adversarial: advocates present their own theories about what the case is about

• tribune's use of sacrosanct power to protect plebians phsycially so that they aren't hurt by patricians

• aquae et ignis interdictio
• a civil dismissal
• formerly those persons who were banished for some crime - interdicted of fire and water - by judgment order was givent that no man should receive them into hishouse, but should deny them fire and water, the two necssary elements of life

• IN IURE (at-law, pre-trial proceedings before a magistrate/praetor) - objective was to determine the issue at hand
• APID IUDICEM - proceeding before a judge

• a private person taken form the higher social classes, who was appointed to conduct the hearing in the second state
• in Roman civil processs - division into 2 stages: before the magistrate (IN IURE) and before teh judge (APUD IUDICEM)
• no special legal knowledge required
• choice of judge lay with parties and was normally made from panel of qualified people (ALBUM IUDICUM)
• parties' choice was approved by magistrate befdore whome the proceedings IN IURE were inducted
• IUDEX could not refuse teh commission conferred on him by magistrate's order to hear the case (IUSSUM IUDICANDI)

• law
• emphasis as big Law as opposed to lex - a law

• civil law
• broadly speaking: law of the city of Rome as opposed to that of some other city
• narrower sense: refers to secular law of Rome, private and public, to the exclution of sacred law (IUS SACRUM)
• (deals w/civil law in teh first sense, regards substative law in the 2nd sense)
• from standpoint of sources - begininng and end of Roman civil law - marked by 12 TABLES and JUSTINIAN'S CODIFICATION
• dating from 450 BC to law of the 12 Tables - treated by Romans as starting-point of their legal history

• praetor was in form to apply the existing IUS CIVILE, but in his edict, he was able to promise new actions and other remedies and thus in substance to create a mass of new rules called the IUS HONORARIUM
• LAWS COMING FROM EDICTS AND MAGISTRATES (like honorary laws?)
• ability to form new laws ties into the procedures of the formulary system

• literally means "action of the law" 
• certa verba - formulas must be exact
• how to get this law in action:

1. IN IUS VOCATIO - summons, calling someone into law
2. LEGIS ACTION SACRAMENTO - formal wager at the beginning of court procedure

• importance: keeps things out of court (b/c of corruption, disincentive, etc.)
• distinguish btwn. substative and procedural law
• basic procedural system outlined in 12 Tables
• formulae very very important - b/c combined religious ritual with legal procedure
• must be followed 100% correctly
• judge assited by body of advisors
• judgment (SENTIA) - strictly an "opinion" - delivered orally in presence of parties/representatives
• if case brought as SACRAMENTUM - judgement declared that oath of only one of parties was just (no system of appeals)
• division of proceedings into prelim hearing and full trial = cardinal feature of Roman law
• divided b/c notion of civil litigation as form of private arbitration must be the preserve of the layman, hte State's role being to police the preliminary stage only 
• e.g. LEX ACTIO of execution (see pgs. 70-71 in text book)

• adds punitive element
• if you win, get 1/3 of sacrament
• if you lose, lose 1/3
• state gets nothing
• DARIOPORTERE: obligation to give

• formal wager at beginning of court
• both parties have by this point sworn the contested property is thiers - therefore, someon is lying

• various laws passed during dicatorship of Sulla
• reform of the courts
• divided them into 8 QUESTIONES PERPETUAE
• Sulla MIXED senators and equestrians
• OPTIMATES politics - i.e. Sulla sided w/Senate (as opposed to the assemblies) - return to more senate approval
• 82-79 BC
• aimed to restore Aristocratic republic, i.e. restore Senate to its same authority before the Gracchan reforms 50 years earlier
• criminal justice system reorganized: 7 permanent courts set up to try major crimes, juries to consist of senators
• e..g PRO ROSCIO - Sulla's list of proscriptions: to punish his enemies
• property of "proscribed" men was confiscated by state, then sold off cheaply at auction to bidders
• sons and grandsons of teh proscribed - lost inheritance, debarred from every holding magisterial office
• proscriptions: means of paying off old scores and satisfying private greed
• plot to have Rsocius's name proscribed so that his assets may be taken by state and not his sons

• "a law" or "a rule"
• same as LEGES
• significance: guided the Roman republic
• e.g. 12 TABLES?

• proposed by ACHILIUS
• concerns organization of repetundae court
• provides for equestrians as jurors in courts overseeing senatorial class to prevent corruption
• (opposes LEGES CORNELIAE?)
• Gaius' set of measures - problematique politics in Rome 
• CONSUL OPIMUS: see to it that republic should suffer no harm
• SENATUS CONSULTUM ULTIMUM

• for 1st time: allwed formulary procedure as ALTERNATIVE to LEGIS ACTIO in cases involving old IUS CIVILE
• concerns lawful forms of private actions
• mid 2nd century BC
• (?) prohibitd sponsor of legislation creating a public office from holding that office
• part of formulary system
• get more info???

• PLEBISCITE has = value to the vote taken by all the citizens
• 287 BC 
• in the greater scheme of things: related to tribunes
• in addition to magistraets and senate:

1. comitia tributa (divisions of populus - assembly of all citizens to vote on an issue)
2. comitia centuriata - military stuff
3. concilium plebes - plebiscites (when plebs secede, appoint tribunes to speak on their behalf - elected through sans imperium)

• removes need for patrician ratification of plebiscita - more than 2 centures of conflict came to an end - plebeian assembly was to rpove to the most politically powerful and important of the Republican legislative assemblies

• law conferring constitutional powers and privileges on Emperor Vespasian
• 69-70 AD
• disputed whether it is a SENATUS CONSULTUM or a LEX (COMITIAL STATUTE) or a combination of both
• follow pattern of senatorial resolution, while still in the name of a lex
• references the deified Augustus, Tiberius Julius Caesar Augustus, and Tiberius Claudius Caesar Augustus Germanicus
• can make a treaty w/whomeber he wishes
• can hold a session of senate, motion in it, propose decreee, calling a vote - pretty much run the operations of the Senate
• those to whom he promises his elector support must take it
• can extend boundaries of pomerium whenever he thinks the public would benefit
• can do w/e he wants which he considers to be to the public advantage, divine dignity, and human/public/private interests
• exempt from whichever same laws his predecessors were exempt; can do w/e his deified precessors did
• w/e he mandated/decreed, etc. in his lifetime shall still be valid
• liable to consequence if anyone does anything contrary to statues/bills/plebiscites/decrees of Senate, etc. 

• joinder of issue - no appeals, decision made once and for all
• civil law 
• get more info later (?)

• "biggerness"
• courts set up concerning suits against the biggerness of the state - e.g. illegal conduct during war
• things that could injure the grandeur of Rome/Romans
• a specific kind of QUAESTIO - all presided over by a PRAETOR - assigned annually
• context of PRO MURENA(?)

• "laying on of hands"
• in context of 12 Tables
• consequence if debtor refuses to cooperate in procedure of private law
• get example (?)

• TRIBUNE 57 BC
• worked for Cicero's recall from exile
• w/P. Sestius - organized armed gangs to oppose those led by P. Clodius Pulcher, which had long prevented it (?)
• fighting btwn. Clodius and Milo in the city continued for several years, since - short of the SENATUS CONSULTUM ULTIMUM, impossible to pass - no legit way of using public force to suppress it
• both milo and Clodius ascended through the official career at times unsuccessfully prosecuting each other for *vis(?), until Milo's men met and defeated Clodius' in 52
• Clodius - wounded in fighting - killed on Milo's orders - chiefly to clear way for Milo's candidacy for the consulshipl of 52, elections for which had been prevented by Clodius w/Pompey's support
• after continued rioting - Pompey made sole consul and passed legislation including a strict law on vis, under which Milo was prosecuted
• Cicero - intimidated by Pompey's soldiers guarding the court - broke down and wasd unable to deliver an effective speech for teh defnese
• Milow as convicted and went into exile
• Caesar, in part out of loyalty to Clodius' memory, refused to recall him along w/other political exiles - in 48 AD, while Caesar was way in teh east, Milo joined M. Caelius Rufus in an attempt to raise rebellion among the poor in Italy and was killed 

• legis actiones system of summons:
• summons were conducted in ius vocate = by voice
• the plaintiff would request w/given reasons that the defendant come to court
• if teh defendant failed to appear - plaintiff could call reaons and have him dragged to court (MANUS INIECTIO)
• if the defendant could not be brought to court, he would be regarded as INDEFENSUS - plaintiff could, w/authorization of the praetor, seize his property
• if a defendant failed to defend an action brought against him or thorugh his negative attitude failed to cooperate, the penalty was MISSIO IN POSSESSIONEM: a procedural device developed by the praetor whereby specific goods of an unsuccessful litigant, who refused to honor the court's judgment, could be seized
• defendant may elect a representative to appear in his place, or seek a VADIMONIUM - a promise to appear on a certain day w/a threat of monetary penalty if he failed to appear
• significance: a trial of an action under the LEGIS ACTIO procedure and later under the formulary system was divided into two stages, the first of which took place before a magistrate, under whose supervision all the prelimiaries were arranged, teh 2nd in which hte issue was actually decided, was held befdore a jduge. The magistrate in qeustion taking part in the prelim. stage wasd typically the Consul or military tribune, almost exclusively the Praetor upon the creation of his office. The judge wasn't a magistrate, but an individual agreed upon by both parties. The missio in possessionem was part of teh prelilm trial and was used to enforce that the defendant appear in trial

• best type of constitution, according to CICERO in THE REPUBLIC
• e.g. Republic
• no one type of government works well:
• democracy degenerats to mob rule
• aristocracy to oligarchy
• monarchy to dictatorship
• importance: Roman's acceptance of such a system - greatly helped maintain stability (would have fallen sooner if not for mixed constitution)
• abandoned later on when Caesar and Augustus take over

• "custom of the ancients"
• unwritten code from which Romans derived their social norms
• core concept of Roman traditionalism - distinguished from/complement to written law
• behavioral models and social practices that affected private, political, and military life in ancient Rome
• Roman family and society was hierarchical
• Roman govt/society was built off teh family household
• PATERFAMILIAS - head of household - held absolute authority over his FAMILIA - both an autonomous unit w/in society and a model for the special order
• he was expected to exercise this power w/moderation and to act responsibily on behalf of his family - risk and pressure of social censure if he failed ot live up to expectations (also a form of MOS)
• SIGNIFICANCE:
  
  • b/c MOS MAIORUM was matter of CUSTOM, not written law, norms it embodied evolved over time
  • preservation of MOS MAIORUM depended on consensus and moderation among the ruling elite, whose competition for power/status threatened it
  • ability to preserve a strongly centralized sense of identity while adapting to changing circumstances permitted teh expansionism that took Rome from city-state to world power

• "making a formal change"
• any citizen could press charges against another through a patron as his advocate (in the Republic)
• accused had to be present at the NOMINUS DELATIO (making a formal charge)
• charge had to be in INSCRIPTION (IN WRITING) signed by accuser and his witnesses and delivered to teh praetor who presided over the quaestiones
• accuser and his witness took oath swearing they were not bringing false witness - penalties assiend against accuer should he/witness lie
• vote by teh jury allowed praetor to announce teh verdict
• if accuser one the case - received COMPENSATION; if lost, he was FINED (b/c it was thought he had brought false charge)

• 12 Tables deal explicitly with methods of collecting debt
• Table 1: when debt acknowledged - 30 days are legit grace period for debtor to pay back sum
• after 30 days - arrest of debtor via MANUS INIECTIO to bring him to court
• if debtor doesn't satisfy judgment, or no one in court offers himself as surety on his behalf - creditor may take defaulter w/him
• may bind debtor in either stocks or chains
• on 3rd market day: creditors cut pieces (PARTES SECANTO) - (impunity if cut more or less than their due)
• PARTES SECANTO = either splitting up a debtor's corpse or his property to compensate for the debt he owes

• privileged calss of Roman citizens
• derived from "patres" ("fathers") - formal collective term for patrician senators
• obtained only by birth - both parents had to be patricians
• according to 12 TABLES: patricians could not marry plebeians
• CONSULS and other MAGISTRATES - taken entirely from PATRICIANS - possessed exclusive knowledge and administration of the law
• PATRICIANS = RULING CLASS, PLEBEIANS = SUBJECT CLASS
• worshiped gods w/different religious rites
• offspring illegit if parents of mixed castes (pat and pleb)

• mass of Roman citizens
• excluded from religious colelges, MAGISTRACIES, SENATE
• banned from intermarriage w/patricians
• enrolled in CURIAE and TRIBUS - served at all times in army, could hold office of TRIBUNUS MILITUM
• 'CONFLICT OF THE ORDERS' - achieved by wealthier plebs political equality w/patricians (essential to development of Rome)
• significance: major tactic in crises was SECESSIO, SECESSION EN MASSE from Rome
  
  • during 1st secession: secured inviolability for persons of its officers by collective undertaking to protect them - tribunes and aediles became in due course magistrates of the populus Romanus - final secession in 287 BC led to LEX HORTENSIA - made PLEBISCITE binding on whole commmunity
  • normally regarded as end of CONFLICT OF ORDERS - plebs wer eno longer significantly disadvantaged

• CONCILIUM PLEBIS:
• assembly of PLEBEIANS headed by TRIBUNES of the PLEBS
• decision of this body had no legal effect until LEX HORTENSIA of 287 BC
• PLEBISCITUM (as opposed to LEX) - resolution carried by any Roman assembly in which no patrician cast his vote
• resolution of a pleb tribal assembly (CONCILIUM PLEBIS) presided over by PLEB MAGISTRATE
• Plebiscites recognized as universally binding - received prior sanction of the patrician senators (PATRUM AUCTORITAS)
• by LEX HORTENSIA 287 BC - afforded unconditional validity
• plebeian tribunes drawn from w/in governing class - embodied much of official routine legislation of middle republic
• became instruments to CHALLENGE SENATORIAL AUTHORITY
• SULLA required in 88 and 81 BC that all TRIBUNICIAN proposals be approved by the SENATE before being put to vote - restriction removed in 70 BC

• ROMAN HIGH PRIEST
• not a real magistrate - did not serve for fixed period, but for LIFE - remained, officially, a CITIZEN
• CHAIRMAN of college of PONTIFICES ('priests')
• they were responsible for Roman state CULT as a whole - for several cults in particular
• significance:
• main task of pontifices: maintain PAX DEORUM ('peace w/the gods')
  
  • to obtain this goal: gave ADVICE to MAGISTRATES, interpreted OMENS, controlled CALENDAR, oversaw funerals
  • the PM responsible for large college of omens (ANNALES MAXIMI) - so that future generations would be able to better understand divine will
• until LEX OGULNIA - all pontifices were PATRICIANS (law said Plebs could be pontifices as well)
• PM elected by COMITIA TRIBUTA - assembly of people that was divided into voting districts

• 242 BC - 2 praetors appointed
• PRAETOR URBANUS (59) - decided cases to which citizens were parties
• PRAETOR PEREGRINUS - decided cases btwn foreigners
• ultimately IUS GENTIUM (laws develoepd thru peregrine praetors' rules) - so versatile that it began to be more influential than IUS CIVILE (civil law inside Rome)

• PROMAGISTRATE, who, after serving as consul, spent a year as a GOVERNOR OF A PROVINCE
• certain provinces were RESERVED for the proconsuls, randomly assigned

• PROMAGISTRATE - person who acts in and w/the authority and capacity of a magistrate, but WITHOUT holding magisterial office
• legal innovation invented to provide Rome w/governors of overseas territories instead of having to elect more magistrates each yera
• appointed by SENATUS CONSULTUM (73) - like all Senate acts, appts. not entirely legal and could be overturned by Roman assemblies

• prorogatio = EXTENSION of a commander's IMPERIUM beyond the 1-year term of his consul/praetorship
• response to roman EXPANSION and MILITARIZATION
• in need of people to do military/administrative duties
• by LATE REPUBLIC - prorogation of provincial assignments became teh norm - contributed ot UNFAIR military power and wealth - led to breakdown of constitutional checks and balances and CIVIL WARS -  led to collapse of republic***

• basic, (until the Tetrachy, c. 296) largest territorial and administrative unit of the empire's territorial possessions outside Italy
• generally governed by politicians of senatorial rank - former office holders

• allowed any citizen to appeal any punishment of magistrate
• power of coercion outside city of Rome was absolute

• commission (AD QUAERENDUM) to inquire into some CRIMINAL matter given to a magistrate
• in progress - he was empowered (w/assistance of a counsel) to adjudge - this TRIBUNAL was called a QUAESTIO
• center of judicial power during 6th/7th centuries of Roman republic - last of which was replete w/great public transactions
• special tribunal continued in use until end of roman republic - sparingly used in Late Republic (post Julius Caesar)

• criminal proceedings for "crimes against the public"
• permanent Praetors appointed judges/jurors in voting for guilt/innocence
• verdict: acquittal or comdemnation (death)
• in Late Republic - public crimes: Repetundae (68), Ambitus (4), Majestas (21)

• sums of money/anything that had value as the SOCII (ALLIES) of the Roman State or a citizen claimed to recover from MAGISTRATUS, JUDICES, or PUBLICI CURATORES, which they had improperly taken/received in PROVINCIAE or in any public function

• RESTORATION TO ORIGINAL CONDITION
• one of primary guiding principles behind awarding of damanges in common law
• makes proposed law more acceptable b/c it's only temporary

• 1st century BC
• tried in Rome for PATRICIDE in 80 BC
• defended successfully by CICERO in his FIRST major litigation
• defense involved some risk for Cicero b/c he accused LUCIUS CORNELIUS CHRYOGONUS (freedman of SULLA, then a dictator of Rome) of ocrruption and involvement in the crime

• Homo sacer
• "sacred man" or "the accused man"
• person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual (no civil rights/religious rights)
• status of HS was a consequence of OATH BREAKING - found in the 12 TABLES (8.21), laws of the EARLY Roman Republic written in 5th century BC
• paragraph states: patron who deceives his clients is to be regarded as sacer
• lasted until advent of English Habeas Corpus Act of 1679, which declares that any criminal must be judged by a tribunal before being punished

• advisory body in Rome that individuals usually join AFTER being a MAGISTRATE/CONSUL
• PATRICIANS sometimes called to enter it, eventually also WEALTHY PLEBEIANS
• LIFELONG position
• ~300 people
• canNOT pass laws (ASSEMBLY does this)
• oldest individuals give their OPINIONS first, and so on
• can take a WHILE - people will walk towards person they agree with
• agreement = SENATUS CONSULTUM
• spend most time DEBATING about wars, which provinces/Consul
• power to PASS DECREE, ADVICE MAGISTRATES, NEGOTIATE w/foreign embassies
• meetings called by PRAETORS, CONSULS, TRIBUNES
• GAIUS GRACCHUS (a tribune) took jurisdiction away from the Senate in 123 BC until Opimius kills him
• -> created friction/separation of the OPTIMATES and POPULARES in Rome
• OPTIMATES want to return power to the SENATE
• POPULARES would rather have a POPULAR ASSEMBLY
• SULLA is an OPTIMATE

• AGREEMENT of the Senate in rome
• SENATE'S ADVICE
• carried GREAT INFLUENCE
• NOT LEGALLY BINDING unless INCORPORATED into a RESOLUTION OF ASSEMBLY  or an EDICT OF MAGISTRATES
• advice generally taken SERIOUSLY and TURNED INTO LAW - makes DECREE VITAL

• 186 BC
• PUBLIC PANIC b/c of many DIONYSUS (Bacchus) worshippers being CRAZY
• EMERGENCY POWER of the Senate to deal with the panic
• if people wanted to worship Dinys. AFTER this they would have to PLEAD THEIR CASE to an URBAN PRAETOR and 100 SENATORS
• if they didn't do this and still worshipped, could be killed

• senate has ULTIMATE AUTHORITY
• power of CONSUL is increased, as well
• CAN KILL SANS TRIAL
• used for the 1st time w/fall of GAIUS GRACCHUS in 121
• in 77 as LEPIDUS marched on the city
• CICERO'S execution of CATILINE CONSPIRATORS made it CONTROVERSIAL - due to its overly VAGUE nature - the extent of power given to consuls was not outlined

• 91 BC - Romans vs. Socii (Italian Allies) who wanted CITIZENSHIP IN ROME b/c they HELPED ROME in many wars
• when legislation was suggested to give citizenship - Senate DENIED it, the man who proposed it was killed - caused uprising
• 90 BC - citzship granted to those who didn't revolt (LEX JULIA)
• 89 BC - everyone got citizenship - Sulla fought in this

• CONSUL in 88 BC
• when on the fight Mithridates in 88 also
• return in 82 - marched on Rome - killed man, forced consuls to elect him EMERGENCY DICTATOR - gave him UNLTD POWER OF LAW and made him FREE OF TRIBUNE INTERCESSION
• included expansion of SENATE to 2x its size by INCLUDING EQUESTIANS, drastic REDUCTION in power of TRIBUNES - could no longer challenge Senate
• creation of 7 criminal courts (QUAESTIONES)
• age limits on certain positions - disallowed tribunes form being in Senate while magistrates now were
• list of PROSCRIPTIONS - let public take stuff rom people on list (including their LIVES)
• retired after 6 months

• retaliation of wrongdoing to another's body
• "an eye for an eye"
• provision of this in the 12 TABLES - likely not enforced in court

• the making of your will on your own terms
• right given only to Roman citizens

• TRIBUNE in 133 BC
• brother of GAIUS
• BY-PASSED SENATE by giving PUBLIC LAND TO ROMAN POOR (he was a POPULARIST)
• VETOED by Tribune OCTAVIUS
• TG's reaction: VETOED everything that came his way - created STANDSTILL in legislation - until they dealth with his bill
• cont'd to IGNORE SENATE by running for second term of Tribune <- was not allowed
• MOB RIOT led by Cousin SCIPIO - killed TG

• one of 10 ANNUAL officers elected in December
• PROTECT INTEREST OF PLEBS (office closed to Patricians)
• could INITIATE/VETO LAWS and SENATORIAL DECREES
• gave office great Importance
• PRSIDED over PLEB LEGISLATIVE ASSEMBLY
• were members of the SENATE and had POWER TO CONVENE it
• UNTOUCHABLE (SACROSANCT) - (did NOT have IMPERIUM) - used ot PROTECT PLEBS from ATTACK BY PATRICIANS (called Intercession)
• must always STAY in ROME

• 2nd EMERGENCY POWER that allowed consuls to SUSPEND public business and put together an ARMY
• based on SENATUS CONSULTUM ULTIMUM

• resulted b/c of legal UNCERTAINTY btwn powers of CONSULS AND TRIBUNES and their ABILITY to ENFORCE LAWS btwn. PATRICIANS and PLEBS
• PATRICIANS forced to CONCEDE to MAKE 12 TABLES in 450 BC
• done to meet DEMANDS of PLEBS
• made laws VAGUE and PROPERTY NOT MENTIONED MUCH for this reason
• Greek influence?
• provisions enacted by COMITIA CENTUIATA
• Rome's 1st set of laws?
• 1st 3 tables dedicated to PROCEDURE - shows its importance
• 1st is of QUESTIONING/SUMMONING
• 2nd specifies DEPOSITS of parties BEFORE TRIAL
• 3rd - enforcement of judgements
• widely considered Foundation of CIVIL LAW
• helped shape western jurisprudence

• adopted in 6 BC
• for TRIBUNES to PROTECT interests of PLEBS from Patricians (who dominated Senate)
• Tribune's veto did not prevent senate from passing a bill - but bill was denied force of law (then whats the point of the bill? what makes it a bill?)
• coudl also use VETO to PREVENT BILL from being BROUGHT BEFORE PLEB ASSUMBLY - CONSULS alsoo had POWER TO VETO
• if he disagreed, either one could block the action of the other - the veto was an essential component of Roman laws to moderate/RESTRICT power of states's high officials

• CRIME of VIOLENCE against PUBLIC/INTERESTS of STATE
• CRIMINAL offense
• creation of the QUAESTIO DE MAIESTAS came after term was coined
• marked CHANGE in Roman law -  gave Roamns a way to PUNISH TRAITORS
• CICERO used this as his excuse for his actions against CATILINE conspirators