Civil and Criminal Law of

Ancient Rome
By Zachary LaRocca-Stravalle

SPQR stands for: Senatus Populusque Romanus

Translated to: The Senate and people of Rome

Outline

Cives Romani (Roman Citizen)

Patricians
Plebeians
Jus Civile (Roman Rights)
Twelve Tablets
Rights and Punishments
Peregrini (Foreigners)
Jus gentium
Jus Latii (Latin Rights)
Slaves
Similarities & differences to the modern legal system of the United States

Civis Romani - The Roman Citizens

During the Roman Republic (509 BCE - 27 BCE) prior to 450 B.C.E., full Roman
citizens were divided into two classes.

Patricians

The ruling class citizens. They controlled the legal, political and social power.
Exp. Constituted the majority of roman assemblies and courts.

Plebeians

The lower class citizens.They were excluded from legislation and were not entitled to
know the legal codes. They could not become magistrates nor military officials.

Jus Civile - The Civil Law

During the Roman Republic the most prominent law was the Twelve Tables

The Twelve Tables (450 BCE)

The earliest code of written law created by Rome

It was a group of law that applied equally across the social classes of Roman citizens.

Set in motion by the plebeians to gain legal equality.

Primarily a way to standardize the verdict and decisions of magistrate in court.

Contained Debtors Laws, Inheritance Laws, Marriage Laws, Rights of a Father, Property
Laws, Will and Testament and Laws relating to Women.

Some contents of the Twelve Tablets today are unknown

Rights
Although right of the Roman citizens varied through time and class, some common
rights granted to most all citizens included (but are not limited to):

Suffragiorum - The right to vote in Roman assemblies

Commercii - The right to make contracts and acquire, own and sell property
Honorum - The right to stand for public office
Conubii - The right to a lawful marriage; any children to be a Roman citizen
Migrationis - The right to maintain Roman citizenship after relocation to a Roman colony
The right to stand trial
The right to appeal
The right to be tried in Rome if accused of treason

Punishments
Important to note: Throughout the Roman Republic and Empire, what was
considered a criminal act and the its associated governmental punishment changed
over time and by different emperors.

Capital punishment

It is accepted evidence that the death penalty could not assigned to any Roman citizen
unless they committed an act of treason.
The punishments for such crime included: Decapitation, Tarpeian rock, etc.

Crucifixion was generally not sentenced to any Roman citizen unless they committed
a form of high treason or serious insurrections.
Jesuss claim to be the royal-messiah.

Non-Capital punishments

Such punishments as: Fines, Bondage, Infamy, Exile, etc.

Peregrini - Foreigners
The Peregrini were any foreigners of Roman. They were subject to the jus gentium
with some cases of provincial foreigners or those subjugated by Rome to have
aspect of jus civile.
Example:
Jus Latii (Latin Rights)

Rights granted by Rome.

Prominent rights included: jus commercii and jus commercii

Initially for the people of Latium (Latins).

The Latin Rights extended to the latin colonies (300 BCE) and then to granted to
populations subjugated by Rome (200 BCE).

By 212 AD, the Constitutio Antoniniana (or the Edict of Caracalla) declared free men of the
Roman Empire gain Roman citizenship.

Jus Gentium - Law of peoples (Natural Law)

Established in the Mid-3rd Century BCE

A customary law or an aspect of natural law (jus naturale).

Acted as international law that applied to the paragrini.
Primarily a way for magistrates to establish justice in cases when foreigners
were involved.
Roman Jurist Gaius defined the jus
Jus civile was eventually subsumed by the
gentium:
jus gentium as a means of common law.

Every people that is governed by statute and

observes partly its own peculiar law and partly the
common law of all mankind. That law which a people
established for itself is peculiar to it and is called ius civile
as being the special law of that state, while the law that
natural reason establishes among all mankind is followed
by all peoples alike, and is called ius gentium as being
the law observed by all mankind.

Slaves

Had no rights and were considered property.

Slaves were owned by roman citizens and could be manumitted and granted
citizenship status.
Punishments for slaves usually had no lasting physical hindrance.

Non-Capital punishment include: Lashing, Branding, Furca

Capital punishment: Crucifixion or Gladiatorial combat

Similarity & difference to the modern legal system of U.S.A.

Similarity in law:
Legal codes
Punishment for crime
Court and trial procedure
Legislative process
Legal language
Differences in law:
Religion separate from law
Sever punishments; no jail
Social class disparities

Similarity in courts:
Judge
Lawyer
Jury
Innocent until proven
guilty
Jury declares sentence
Differences in courts:
Accuser must bring
accused to court
Male dominated
Evidence was not needed

Quiz Time!!

What was the earliest code of written law?

Prior to 450 BCE, what were Roman citizens classified into?

What was one of the rights that a full roman citizen received?

Citations and Resources (URL)

https://en.wikipedia.org/wiki/Roman_citizenship
http://www.tribunesandtriumphs.org/roman-life/rights-of-roman-citizens.htm
http://www.britannica.com/topic/Law-of-the-Twelve-Tables
http://www.britannica.com/topic/Roman-law
https://1shortstop.wordpress.com/2008/12/29/ancient-roman-citizenship/
http://www.britannica.com/topic/civitas
http://www.dl.ket.org/latin1/mores/law/citizenship.htm
http://magistrabeman.weebly.com/uploads/9/1/2/2/9122313/the_roman_legal_system.pdf
http://50613261.weebly.com/classes-of-roman-citizens.html
https://en.wikipedia.org/wiki/Social_class_in_ancient_Rome
http://www.uah.edu/student_life/organizations/SAL/texts/misc/romancon.html
http://www.roman-empire.net/republic/twelve-tables.html
http://www.fofweb.com/History/HistRefMain.asp?
iPin=ESCAW174&SID=2&DatabaseName=Ancient+and+Medieval+History+Online&InputText=%22punishment+in+ancient+Rome%
22&SearchStyle=&dTitle=crime+and+punishment+in+ancient+Rome&TabRecordType=All+Records&BioCountPass=0&SubCountPass
=3&DocCountPass=0&ImgCountPass=0&MapCountPass=0&FedCountPass=&MedCountPass=0&NewsCountPass=0&RecPosition=2
&AmericanData=&WomenData=&AFHCData=&IndianData=&WorldData=&AncientData=Set&GovernmentData=
http://www.stjohnlutheran-elyria.org/images/Roman_Death_Penalty.pdf
http://m.tribunesandtriumphs.org/roman-life/roman-punishment.htm
https://prezi.com/id0zxxvlf0v1/roman-law-vs-united-states-law/
http://www.slate.com/articles/life/faithbased/2009/04/why_was_jesus_crucified.html