Roman Terms Flashcards
(104 cards)
1
Q
Romulus
A
First king of Rome and alleged descendant of Aeneas (Trojan). Had a twin (Remus) that he killed in order to be king. 753 - 716 BCE.
2
Q
Consul
A
During the period between 509-451 this government official had regal powers and a term limit of one year. They were elected officials and two served per term, each a veto power. They had imperium and auspiciam.
3
Q
Comitia Curiata
A
The “Curiate Assembly” was comprised of voting members from 30 neighborhoods. They voted by groups (not one man, one vote) and each curium got a vote. The Chief Priest could call together the Curiate Assembly for religious matters. They could also bestow imperium on the proper officials.
4
Q
Comitia Centuriata
A
The “Centuriate Assembly” functioned as the army in an assembly form. It was comprised from the centuries (military unit) and called together outside the bounds of the city. They were stratified by wealth (you had to pay for your own military equipment) and voting occurred until a majority was reached one way or the other.
5
Q
Lex
A
Law (or laws) created by either the comitia curate or comitia centurial.
6
Q
Tribune of the Plebs
A
This tribune resulted from the Conflict of the Orders, wherein in plebeians withdrew from the army in order to have a larger say in government matters. This first occurred during 494 with the Secession of the Plebs.
7
Q
Senate
A
Part of OG Roman republic 509-451 BC
Advisors to kings + consuls, and magistrates
Customary to seek their advice, had control over appointments, oversaw treasury
Could exempt peole/groups from laws but abused this power
Heard some cases post-Augustus
8
Q
Patricians
A
High distinction of birth
9
Q
Plebeians
A
Low distinction of birth but could be just as wealthy as some patricians. They had less say in the government until the Conflict of the Orders and later governmental adjustments
10
Q
Patrons and Clients
A
Relationship between a patrician and plebeian. It is imagined patrons primarily provided legal assistance. Romulus allowed plebs to choose one patron each from the patricians. The patron’s duties were to interpret the law, bring suits, and assist in bringing actions.
11
Q
Pontifices
A
Members of the priestly college. They answered questions about ritual and civil law that regulated the community
12
Q
Pontifex Maximus
A
Head Priest. He ensured the proper performance/formalities were observed in religious festivals and during rituals. He was a paradigm for legal forms of counsel in the later Roman period
13
Q
XII Tables
A
The Twelve Tables were promulgated in 449 BCE and were the “Fountainhead of Roman law.” It had an emphasis on property and relied heavily on self-help (Could be good to know difference from stories about Greek law-makers)
14
Q
Decemviri
A
The ten men were good in their first iteration but the second iteration (led by Appius Claudius) was bad. They wrote the XII Tables.
15
Q
Legis actio
A
Action at law; earliest form of civil procedure
16
Q
Legis actio sacramento
A
Law through an oath; XII 2.1a
17
Q
Nexum
A
Debt-slavery
18
Q
Stipulatio
A
Verbal contract. Used to ask if someone promises on their oath and they reply in the affirmative.
19
Q
Centumviri
A
The court of 100 men who handled inheritance disputes
20
Q
Infamia
A
Privileges as a citizen removed and a damaged reputation follows
21
Q
Praetorship
A
367 BCE creation by the Sextian-Licinian Rogation; Praetors can be granted imperium
22
Q
Urban Praetor
A
Decided civil cases between citizens. 241 BCE. Praetor courts not trying cases but settle nature of dispute, formulate question being tried, appoint someone to try case
8 men elected as praetors and then drew lots for jobs
23
Q
Peregrine Praetor
A
Decided cases between foreigners. 241 BCE. Oversaw foreigners
24
Q
Comitia Tributa
A
Fourth and final assembly; voting by 35 tribes; creation in 357 BCE
25
Formulary system
150 BCE; Lex Aebutia establishes the system that renders most of the aegis actiones obsolete. Two-step system that provides a formula, it is agreed upon, and then a judge (index) considers the case.
26
Iudex
Judge for formulary system; the iūdex was a private person taken from the higher social classes, who was appointed to conduct the hearing in the second stage; could not refuse the commission conferred on him by the magistrate's order to hear the case, except on recognized grounds
27
Formula
Step 1: Go to Praetor for approval, name judges
Step 2: go in front of the judge
Document: nomination of judges, statement of claim, condemn or absolve
Flexible language in statement of claim allows for background (demonstrate) and adaption for circumstances
28
Cognitio system
31 BC to 14 AD: the State solved the case (Augustus)
29
Contio
Public Assembly; magistrates informed the Roman citizens on various topics related to politics. The main difference between the contio and other public assemblies in Rome, such as the comitia, is that the citizens who attended contiones did not get to vote
30
Iudicium publicum
sort of application of civil procedure, in some of its points, to criminal cases. The presiding officers were usually the praetor, and the case was heard before a bench of iudices. It differed from ordinary civil process in that the magistrate sat with the iudices, directed their decision, and pronounced the verdict.
31
Patria potestas
Paternal power the head of the family had over slaves and other members of the family. They would lose potestas if the person served as a soldier (for that duration) or held public office
32
Parricide
The killing of a parent
33
quaestiones perpetuae
A quaestio perpetua was a permanent jury court in the Roman republic.
34
quaestio de repetundis
The lex Calpurnia of 149 BC established the first permanent court called into session every year. It was presided by the peregrine praetor (foreigners). standing criminal court that heard cases of corruption or misconduct in office and concerned itself especially with the recovery of extorted money
35
quaestio de sicariis et veneficiis
The Lex Cornelia de sicariis et veneficis was a Roman statute enacted by Sulla in 81 BC during his dictatorship to write laws and reconstitute the state which aimed at the punishment of murderers, poisoners, abortionists, human sacrifice, and malign magicians and was later also applied to the punishment of castration and circumcision.
36
comitium
The Comitium was the location for much of the political and judicial activity of Rome. It was the meeting place of the Curiate Assembly, the earliest Popular assembly of organized voting divisions of the Republic. Later, during the Roman Republic, the Tribal Assembly and Plebeian Assembly met there.
37
Roman Forum
The Roman Forum was the scene of public meetings, law courts, and gladiatorial combats in republican times and was lined with shops and open-air markets.
38
Forum of Augustus
The Forum of Augustus was built to both house a temple honoring Mars, and to provide another space for legal proceedings. The Senate met at the Temple when discussing war and the victorious generals dedicated their spoils from their triumphs to Mars at the altar. Arms or treasure recovered from battle were often stored in the Forum as well
39
Cicero, Pro Cluentio
66 BC. Pro Cluentio is a speech by the Roman orator Cicero given in defense of a man named Aulus Cluentius. Cluentius was accused in 69 BC by his mother Sassia of having poisoned his stepfather, Oppianicus. Cicero later boasted of “throwing dust in the jurymen’s eyes.”
40
Cicero, Pro Caelio
56 BC. Caelius was charged with vis (political violence), one of the most serious crimes in Republican Rome. The defence speeches began with Caelius making witty jeers at Clodia. Then, Crassus defended against the actual charges, and finally, Cicero attacked Clodia. Cicero's speech took place on April 4, the second day of the trial. He made accusations that Clodia was no better than a prostitute and claimed that Caelius was a smart man to disassociate himself from her. By centering his speech on attacking Clodia, Cicero avoided setting himself against public opinion or damaging his relationship with Pompey. In the end, Caelius was acquitted of all of the charges.
41
praetor's edict
The Praetor's Edict in ancient Roman law was an annual declaration of principles made by the new urban praetor. During the late Republic, the trial at civil law increasingly employed formulary procedure. During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum.
42
praetorian remedy
praetorian remedies, collectively known as the decretal actions, were used to expand the scope of liability under the lex Aquilia (link: https://brill.com/display/book/9789004344372/BP000005.xml) ADD MORE
43
ius civile
The term jus civile, meaning “civil law,” for example, was used in ancient Rome to distinguish the law found exclusively in the city of Rome
44
ius gentium
Roman lawyers and magistrates originally devised jus gentium as a system of equity applying to cases between foreigners and Roman citizens. The concept originated in the Romans’ assumption that any rule of law common to all nations must be fundamentally valid and just. They broadened the concept to refer to any rule that instinctively commended itself to their sense of justice. Eventually the term became synonymous with equity, or the praetorian law.
45
ius honorarium
Ius honorarium (magistrate law), derived from honos, was a classification formulated by jurists of the Roman imperial period to distinguish the private law made by juridical magistrates of the Republic from ius civile.
46
Digest
compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The Digest was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the Corpus Juris Civilis. The other two parts were a collection of statutes, the Codex, and an introductory textbook, the Institutes.
47
lex Aebutia
circa 150 BC but date is uncertain. Expanded the number of civil actions under the jurisdiction of the praetor. Transition from legis actiones to formulary proceedings. The introduction of formulae simplified the procedure
48
mos maiorum
Mos maiorum, “the custom of the ancestors,” embraced both public and private life at Rome. [DATE NEEDED?]
49
jurisconsult
Someone who became versed in Roman law, and offered opinions–not an official job, but they would write opinions/explanations of the law
50
responsa
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. A particularly well-known and highly influential example of such responsa was the Digest.
51
Octavian = Augustus
27 BC - 14 AD. First emperor of Rome. Legal changes include marriage laws, census, taxes, and Constitution; cognitio system
52
potestas
In the Roman law, patria potestas is the institution of civil law that represents the power of paterfamilias over the people and property that are part of your family
53
auctoritas
general level of prestige a person had in Roman society, and, as a consequence, his clout, influence, and ability to rally support around his will
54
edicts
-they were usually issued by praetors at the beginning of the year
-could also be issued by aediles and governors
-would usually built on past edicts so that there was consistency
-would start when the praetor’s term starts
-would be used when the praetor wanted control over one specific thing
-Imperial edicts: would be the ones that were issued by the emperor and would last for his lifetime instead of just being for one year for the magistrates and the praetors
55
rescripts
-they were responses from the emperor to the cities directly
-they would come in the form of letters or subscriptions(which were essentially petitions that the emperor would respond to) that were sent by private citizens, they weren’t allowed to speak to the emperor directly
-could sort of set a precedent of rules because these responses could be cited in future law cases in a similar manner
56
libertas
freedom
57
civitas
full Roman citizenship
58
mancipium
the status of a freeman subject to the power and control of the head of a Roman family similar to that of a slave except that he could not be abused or killed without legal cause
59
obsequium
the customary respectful behavior due from a freedman to his patron or former master under ancient Roman law including freedom from lawsuit by the freedman except with the consent of the praetor and the duty to support the patron when necessary
60
commercium
right of acquiring property and of contracting obligations; given to citizens
61
conubium
The right to make a legitimate marriage with a Roman citizen; women could be given in manus
62
lex Junia
Formalized the status of informally freed slave, or Junian Latin
63
Junian Latin
An informally freed slave (i.e. not freed in a will or by praetor). Was not a Roman citizen, and their former master was entitled to their entire estate upon their death. Children do not become citizens (except in case of Junian Latin father/Citizen mother) “Live a freedman, die a slave”.
64
peculium
property 'given' to a slave; legally revocable by a master but could be used to purchase slave's freedom
65
sui iuris
”Under their own law”. Term used for Roman citizens who were not under anyone's potestas, usually children after their father had died
66
peregrini
foreigners
67
patriapotestas
power that the male head of a family exercised over his children and his more remote descendants in the male line, whatever their age, as well as over those brought into the family by adoption
68
familia
one of three status elements, meaning being a member of a roman household
69
agnate
Related through the male line. By agnatic rules, mothers are not related to their own children
70
cognate
A cognate is a person who is related to another person through blood or marriage. In Roman law, the term "cognate" refers to a blood relationship that comes from a lawful marriage.
71
emancipation
process of law by which a slave released from the control of his master, or a son liberated from the authority of his father (patria potestas), was declared legally independent
72
adoption, adrogation
adoption called adrogation occurred where the person adopted was free, and consented to be adopted by another. It was done at the assembly of the people while the commonwealth subsisted, and later by a rescript of the emperors
73
mancipatio
A method of conducting sales, involving five Roman citizen witnesses over the age of majority and a libripens. Transfered ownership, not just possession
-regarded as the main mode of the ius civile (the civil law), is deemed an imaginary sale
-the transfer of ownership from one owner to another, would need to be immediate and unconditional
-would be marked by a ceremony and a written document or both of those things but would decrease in popularity in the empire
74
res mancipi
Goods that needed to be sold through a formal mancipation–slaves, beasts of burden, Italic lands, and rights (rights to waterways, right to drive cattle, etc.)
75
manus marriage
A wife being given to her husband and absorbed into his family. If married with manus, she is no longer considered her father’s daughter and cannot inherit from him, but can inherit from her husband
76
heres
When a man died, a certain person or certain persons succeeded to all his property, under the name of heres or heredes: this was a universal succession, the whole property being considered a universitas. must be named for certain wills to be valid
77
suus heres
An heir who was under the deceased’s potestas and inherits automatically
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suus heres et necessarius
An heir who was in the deceased’s potestas and must accept their inheritance (sometimes can be a slave)
79
intestatus
When someone dies without a will, inheritance is done according to ius civile rules
80
bonorum possessio
Possession of goods: a remedy that can be granted by the praetor if he believes there has been a mistake in a will. This can happen if the testator left out a daughter or an emancipated son who was not expressly disinherited. The legacies in the will still apply, but if the testator left out any male in their power, the will becomes invalid and intestacy results.
81
mancipatory will
an early form of will wherein a conveyance was made by the ceremony of mancipation by the owner of the family property to the buyer thereof who was charged with transferring the inheritance to an unknown heir or legatee named in a sealed document written by the testator
82
libripens
he witness to purchasing acts, present at will signing and other purchases as a symbolic witness who would touch scales with a coin or piece of copper to attest the transfer
83
lex Falcidia
41-40 BCE; “Falcidian Fourth”--states that a will must give an heir ¼ of what they would have gotten had the writer died intestate–protects against giving all your wealth to one child over the others
84
fideicommissum
trusts, meant to be paid out by the heir; testamentary disposition, by which a person who gives something to another imposes on him the obligation of transferring it to a third person.
85
dominium
complete ownership, transferred through mancipation
86
in iure cessio
a way to gain ownership that involves an uncontested claim to the thing, often asserted via ritual actions and a formula; act of the transfer of a right in the form of a fictitious trial, the legis actio sacramento in rem. It is - like the mancipatio - not dependent on the existence of a cause in law (causa)
87
usucapio
a way to gain ownership that is taking by use when you have legally possessed the item without interruption for a period of time, two years for land, one year for other items (adverse possession)
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praetorian interdict
formulae by which the praetor either ordered or forbade something to be done and were divided into orders of restitution, production or abstention. According to Justinian, they occurred frequently in litigation over possession and quasi-possession
89
vindicatio
Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff
90
Babatha
96-134 CE; Babatha archive documents covering everything from a sale of property to a petition to the governor, from a court summons to a marriage contract
91
Edict of Caracalla
215 CE; edict that granted citizenship to all foreigners throughout the Roman empire, restored the status of previously exiled equestrians, and restored the property of previously exiled senators
92
dediticii
people who surrendered to Rome, may have included those who rebelled against Rome after being taken under Roman control as well as slaves trained as gladiators
93
Ulpian
death 223 CE; jurist who made commentaries on the Praetor’s edict, the provincial edict, and commented on the duties of the governor, tried to compile the law down to simple tenets like “the basic principles of law are to live honorably, not harm others, and render to each his own”; supplied one-third of the total content of the Byzantine emperor Justinian I’s monumental Diges
94
"Law of Citations"
The Law of Citations is a rule from Roman law that says judges can only use certain juristic writers as sources of authority in court. These writers are Papinian, Paul, Gaius, Ulpian, and Modestinus.
95
Theodosian Code
429-438 CE: a compilation of all the laws in the Roman Empire written after 312 that filled 16 books and made Christianity the religion of the Empire
96
lex generalis
a law of general application as contrasted with one applicable to a particular person
97
Justinian
527-565 AD; aiming at the restoration and renewal of the Empire through law; compilations of law begin in 528 CE of which the jurist Tribonian writes a lot; CJC
98
Codex
529/534 CE; ca. 5000 laws in 12 books promulgated as statutes; starts with laws from Hadrian; looks specifically at imperial constitutions
99
Justinian Institutes
533 CE; The Institutes of Justinian is arranged much like Gaius's work, being divided into three books covering "persons," "things,", and "actions." Unlike the Digest, the extracts do not provide inscriptions indicating from whom the original material was taken
100
Tribonian
Jurist under Justinian that helped compile the Codex
101
dignitas
Outrage + law-making
Attacks on worthiness
102
senatusconsulta
The opinion of the senate–did not have complete force of law
Senate declaration (technically advice)
Acquired force of law in last century of Republic/under Augustus
Technically needed to be sought by magistrate (relatio)
Crackdown on orgies of Bachhus (party foul)
Dealt with security + foreign affaris under Augustus
103
legis actio sacramento
“Through an oath”
Est. in XII Tables
Standard action-at-law, oaths made to gods
Wager on outcome inhibited frivolous litigation
104
quaestio
Courts that were set up to deal with specific categories of crimes. Were pop-up, until Sulla established permanent ones
