Roman Law and the Evolution of Roman Civilization
Item 1: Roman Law
1. Concept and Importance
Public law studies the organization of the community and the rule of Rome, also considering its constitutional bodies and the sources of law.
Private law, however, deals with the institutions that regulate relations between individuals.
2. Historical Stages
Roman law, as happened with Rome, suffered an evolution throughout its history. Among the agreements is to divide the study of Roman law into five stages.
The first stage is the primitive or archaic. This phase extends from 753 BC to 450 BC. Politically, it coincides with the monarchy. It is the stage called quiritium ius, meaning quiritario law. The Quirites are supposed to be the early founders of Rome. The Ius Quiritium is based more on maiorum mores, which were the customs of their ancestors and had a framed religious character.
The second stage is the pre-classical or Republican, ranging from 450 BC to 27 BC. It coincides politically with the Republic. At this stage begins the distinction between ius civile and ius gentium. The Ius Civile are the rights of citizens, and the Ius Gentium are the rights that govern relations between Roman citizens and foreigners. Of this stage is the Law of the Twelve Tables. The law is important for being the first collection of legal rules of Rome.
The third stage is the classical, running from 27 BC to 250. This period coincides politically with the principality, with the expansion of the Roman Empire. At this stage, there is the height of the case and the activity of the Praetor. The praetor was a magistrate who was busy completing the Ius Civile. He took a leading role; the law is more dynamic. The systematization of law starts, the right acquires the category of emerging science, and law schools emerge.
The fourth stage is the post-classical, ranging from 250 to 476. It coincides politically with the absolute rule. From the standpoint of the law, this stage is characterized by the decline of law because the lawyers become copyists of jurists of the classical period. Also, the main source of law is the emperor.
The fifth stage is the Byzantine or Justinian, ranging from 476 to 564. At this stage, Emperor Justinian performs the collection of all classical jurisprudence and all the imperial institutions. This collection is called Corpus Iuris Civilis (Corpus of Civil Law). It consists of four parts, which are the Code, the Digest, the Institutions, and the Romans. The most important of the parties is the Digest. Through the Digest is known the rules of that era.
3. Sources of Knowledge of Roman Law
With the word “sources” designating the place where something emanates from the legal point of view, it serves to refer to forms of production of law. The lawyer of the classical period, Gaius, in his work Institutions, lists the sources of Roman law. He said that the sources of law were: 1) laws, 2) referendums (as were the emperors), 3) the senate (which gave the senates), 4) constitutions (emperors), 5) the edicts (which gave the magistrates), and 6) jurisprudence (they were the responses from lawyers).
These sources of law had different importance depending on the ages. In ancient times, the most important is the Law of the Twelve Tables. In classical times, the main source of law is the law, and in the post-classical era, imperial constitutions.
Item 2: General Concepts of Law
1. General Concepts: The Ius
As the first concept would be jus. In the Digest is a lawyer by Celso which defines the Ius as jus est ars boni et aequi, i.e., the right is the art of good and just. Our word is not derived from law but directum Ius, which in turn is a derivation of De_rectum, and justice comes from the goddess who carried a balance on hand. At a time when the balance was in balance, it was used to refer to what was fair.
2. Fas and Ius
In the early period, the religious and the profane were inextricably linked. The word Ius denoted what was lawful for any type of community action, while the word Fas known what it was lawful to the gods. So, Ius was human right, while Fas was divine right.
In the first century AD, the secularization of the Ius produced. There is a separation between the Ius and Fas. On the one hand is the ius humanum, and on the other, the ius divinum. There is no entanglement between the human and the divine.
In turn, the word Ius can have several meanings. It can have an objective meaning, it is called ius gentium, ius civile, and ius honorarium as a set of rules. It may also have a subjective meaning. One can speak, for example, of distramendi ius (right to sell something that does not pledge) or ius utendi (power or position of a person or entity to perform certain things).
A third sense of Ius is the correct position, which means “so be it”. And a fourth sense of Ius refers to the place where the judge dispenses justice.
Iustitia and Aequitas
What defines another lawyer named Ulpian, he means the constant and perpetual will to give each his own. Equity is the fair or the adequacy of positive law to the needs and customs of the community to which it applies.
3. The Tria Praecepta Iuris (The Three Precepts of Law)
We also defined by Ulpian and were:
1. Honeste vivere: to live honestly.
2. Alterun non laedere: not injuring another.
Neminem laedere: not to harm anyone.
3. Suum cuique tribuere: to each his own.
4. Classifications of Roman Law
Ius publicum is the law or policy emanating from government bodies. Ius privatum are the rules governing relations between individuals, therefore they are born.
Ius civile is the proper law of the Roman citizens. Ius honorarium is the law that creates the praetor for the Ius to correct and complete Civilem.
Ius civile / ius gentium. The jus gentium is the governing relations between Roman citizens and foreigners.
The ius naturale define it as the right which nature teaches all animals, are, for example, the right to procreate.
Ius commune, it is the common law consists of general rules (will, having formalities). Ius singulare is that for certain circumstances preclude such general standards (military testament, without formalities). Privilegium, regulation of favorable or unfavorable content emanating against an individual, non-general.
Item 3: Early Roman
1. The Early Roman (Source)
In primitive times, the Italian peninsula was inhabited by various city leagues or confederations. These cities were fighting each other for the common defense.
There was an Etruscan League, a Sabine, a Hellenic League, and a Latin. The Latin League occupied the territory which was the valley between the river Tiber, the Alban Hills, and the sea. Within this situation was born Italy. According to tradition, the Latin League was formed by 30 cities, and among these 30 cities, at the front was a town called Alba Longa.
News about the origins of Rome are confused with the legend; there are also many legends. The best known is the one that says that Romulus and Remus, who were twin brothers, sons of a vestal (priestess) who was of Alba Longa, were abandoned by their mother and nursed by a wolf. Romulus, who would have been like a plow, had traced the perimeter of the city of Rome. This refers to the Rome quadro. The foundation of the city to the exact date is a myth, but it sets the date 753 BC, but an agreement has been reached among historians.
According to tradition, Rome itself came from the union of three tribes: Ramnes (Latin), descendants of Romulus, first Latin king; Tities, they came from Titus Tatius, would be the first Sabine king; and the Luceres of Lucius Tarquinius, that would be the first Etruscan king.
The institutions that became part of Rome were the family and the gens, and another institution that is the clientele. They are pre-civic institutions.
- Family: Initially in Rome is very different from what we understand today. The family consisted of a group of people who descended from a paterfamilias who was head of the family but also consisted of slaves, the fund family-farm or land, or property, draft animals, and implements load tillage (instruments that were used to plow the land). The res mancipi were slaves, background, animals, and tools. Besides the family entered the res nec mancipi, small livestock is to be used at the time that there was coined and was used as an instrument of change. Once the paterfamilias died, the family was divided into many filii families have. Paterfamilias is the boss; the filii families are those who obey.
- Gens: There are various theories about the origin of the gens. It is considered that it was a kind of political organization than the family. One theory says it would be an artificial creation. Another theory says that the gens would be a group of families who had a common ancestor. And a third theory is that it would be a pre-political core of Rome. To become a member of the Gens had different means. Or you were born into it, or it could unite the gens directly or indirectly through a family. In general, members of the gens were considered consanguineous and had only the right to marry ius conubii among members of the gens.
The gentes were political in nature, and it shows in celebrating assemblies enacted laws and ordinances, and exercised jurisdiction over its members. It also seems that every gens had a territory where they lived. Among the members of the gens existed a spirit of solidarity and mutual support that existed until Roman history. They also had a common cult and religion also common and a protective deity, for example, the god Apollo was the god protector of the family Iulia.
- Clients: It was a primitive institution of pre-Roman origin. In historic times, the customer had a close relationship with the Gens. The protection exerted patergentis on the client, and the relationship was called patergentis employers, i.e., against members of his family was pater and customer facing was employers. The client relied on patergentis. The clientele was a class that was composed of freed slaves, partly up and partly by foreigners voluntarily submitted to the gens.
The customer base was the fides (faith), was a bond of ethical-religious nature which linked the client and the employer, and this linkage involved a series of rights and obligations for both parties.
The employer had an obligation to provide support, protection, and advice, and should assist him in court, and as a right for the employer was entitled to succeed on the client and the guardianship of the children of the client.
In customer relationship between their rights was that of being able to use the name of the gens and participated in their worship, and it usually worked the land the employer gave them, although the assignment was revocable at any time. Among his duties was the obligation to pay certain military services and certain works of the patrician and also owed respect and reverence.
2. The Monarchy and its Organization
The political constitution of Rome, as both early period throughout history, was based on three powers that were the judiciary, the assembly of elders, and the popular assembly. And monarchical era these same powers and of the same order consisted of: king, senate, and elections.
Rex
The king or rex, in the early period in Rome, at the apex of power, was a king. That king was the head of the political, military, and religious, that fact is confirmed not only by tradition but also by certain traces have been found in later periods. Among these relics are inscriptions in the Roman forum. In these inscriptions refer to the Sacrorum rex and the existence of the interregnum that remained in the Republican era.
In Rome, according to tradition, it is said that there were seven kings, four Latinos, and the last three Etruscans: Latin Kings: Romulus, founder of Rome, 1st; legislator-king Numa Pompilius, 2nd; Tulo Hostilius warrior-king, 3rd; and Anco Marcio, sponsored many public works to enlarge the city, 4th. Etruscan Kings: Tarquinius Priscus, public works, 5th; Servius Tullius, author of the constitution which reformed the election Servian centuries, 6th; and Tarquinius Proud, was a despot and the last of the kings of Rome.
The monarchy had three fundamental characteristics: it was sacred because people worshiped, was monocratic because school, and was admitted for life because the person who was made king he was until his death.
As regards the monocratic nature, it would not appear to be in Rome in early times because there are vestiges of that because there was a diarchy literary writings speak of Romulus and Remus or Romulus and Tatius, and it was thus normal in seniority and would reflect the Union of peoples.
As to the lifetime, it has been confirmed by subsequent developments in the republic because Sacrorum Rex was appointed for life, raising doubts over the issue of his appointment. It appears that initially appeared in Rome that was to be appointed by the king its predecessor, the king himself was the one who named his successor. If this did not happen and died, power was returned to the Senate, and senators exercised by turns for five days each with the title of interrex and having the main function to create the new king because the word that appears is the new king creatio. Once Creatio designating the king made him the investiture of people gathered in assembly by curiata lex is the popular assembly.
The village once had created the king gave him the king’s military power, and while the celebration was done taking the auspices (we tried to consult the will of the gods by the flight of birds or by consulting the entrails of animals). However, those powers were not complete, and to supplement those powers needed to perform the required inauguratio, and making other auspices, and that makes the performing augurs, priests who were responsible for the signs and consult the will of the gods. Then the king gave the priestly powers and confirmed the others military and political.
For many years it was felt that the authority of the monarch lived military plane without joining the doctrine is based on religion. The powers that held the king is that he was the high priest or person chosen by the gods.
The king also exercised criminal jurisdiction, and within the criminal jurisdiction had the ius vitae et necis (right to life and death), for public crimes exercised those rights. In civil matters, it is doubtful that the king intervened.
As regards the legislature, though the king had no such power, however, had his will when issuing laws. King also available on public lands and sometimes carried out assignments for the people. In the military, the king was the supreme command and had the belli et pacis (right to make peace or war).
Distinct King came from the Etruscan era, the king was dressed in purple and preceded lictors carrying the fasces (logs) and ax (ax). Moreover, the king sat on a high chair that was used by the Tribunal and the chair seat (chair in ivory, trained judges to administer justice).
Assembly of Elders (Senates)
It was the Assembly of Patres or elderly (Senator). According to tradition, the Senate was created by Romulus and was composed of 100 members. Apparently, the earliest members were the paterfamilias of the various Gens. At the end of the monarchical era were 300. It appears that the Senate held on a representation of different people. As they increase the number of members of the Senate by the increase of people distinguished two types of senators, maiorum gentium patres and minorum gentium patres, i.e., the heads of older people and the heads of younger people.
The powers of the Senate were: interregnum, the auctoritas patrum, and consultum.
The interregnum was exercised by the senators in Time five days in case of vacancy of the throne. When the king lacked the power back to the patres, and it seems that this return to power of the patres obeyed that before the founding of Rome that the patres were watched over the interests of the people and after you have given that authority to king.
The Patrum auctoritas (authority between the parents) was the faculty that had the Senate to ratify or reject the decisions of the election, without such ratification was invalid.
The consultum, the Senate advised the king, but the king was not obliged to follow the advice of the Senate. The Senate in early period had a deliberative function (decision making), and the Etruscan kings seems, tried to diminish the power of the Senate increasing the number of members to the heads of different people admit to the original.
People’s Assembly (Comitia)
The popular assembly (Comitia: elections) were formed by the members of the civitas. Initially, the only assembly that there was the election of comitia curiata or curies. In these elections, the division of citizens were held out of curiosity. The curiae were political bodies, administrative and worship, and in front of them was a curio.
The first distribution was made was based on the three tribes of Ramnes, marmosets, and stars. Each tribe was divided into 10 curiae, so there were a total of 30 curiae, met the patricians, and pubescent boys, with their customers but were not admitted to the commoners. The people gathered to call the judge, and each curia had in voting and the order of the curiae was also the army and usually met at the forum.
As the powers are unclear, according to tradition, these comitia were two types: comitia calata that was religious in nature and whose participation was passive and that it was purely curiata comitia deliberative.
According to tradition, this election would have a legislative role in voting for the regal laws, other electoral role as the king, and other elected judiciary through the call provocatio ad populum, was the faculty who had the election to commute the death penalty a citizen and replaced by banishment.
However, the doctrine does not give you credibility. As regards the legislative function does not seem regal laws that were passed at meetings. Concerning the electoral function of assembly but did not choose the king was appointed by his predecessor or the interest. And as for the judiciary apparently provoca Ad Populum was recognized only to the S. IV ac
To try to establish these skills should be from those who had historical epoch. The first was the participation in religious functions of the city as the will, requiring the convening of elections, further competence was the inauguratio the king, another was the lex curiata of empire, such as the investiture. Another responsibility was the knowledge of discussions of general interest, such as declaring war or sign peace sign on capital punishment. And another competition was the attendance detestatio sacrorum call, was the resignation was done for two reasons: for transitio plebem ad-spend of a patrician-plebeian or the ad rogatien-act by which a paterfamilias decided to submit to the authority other paterfamilias.
Comitia centuriata, tradition attributed to King Servius Tullius divided the people in the centuries. It seems that this division was due to the need for a reform of the army and was necessary to recruit more men for military service. The people as a military organization gathered for centuries, but this election when they had their heyday was in the Republican era.
3. Transition from Monarchy to Republic: The Patrician-Plebeian Struggles
According to Roman tradition, in 509 BC there was a conspiracy that overthrew the last Etruscan king, Tarquin the Proud, and instead of the king, two consuls were appointed. The appointment of the two consuls signal the downfall of the monarchy and the establishment of the republic. If monarchy not a republic. These consuls were called initially prcetores and marched ahead of the army, had a more military role, but later they changed the name to the consul.
Also according to tradition, those two consuls remained in office in Rome until 501 BC. In 451 BC, to the need for legislative reform that led to the Law of the Twelve Tables and was appointed a College decenviral (10 men) – decenviri – who was two years in office in Rome. Between 408 BC and 308 BC, as a result of social struggles between patricians and plebeians, were not able to elect the consuls, and consuls instead of militum praetor was appointed tribune military tribunes potestate-consular authority. In 367 BC were passed laws that were the Leges Licinae Sextia that established the dual consulate, a patrician and a plebeian, and at the same time appointed an urbanus or urban praetor praetor.
That tradition has been discussed in principle after studies can be given credibility to the date of the fall of the monarchy and as regards the establishment of the republic which probably occurred after the fall of Tarquin were created new magistrates who held the political and military power and what was done is that the king be relegated to the priestly duties.
This hypothesis is given by the survival of Sacrorum rex was the greatest power in the priesthood, was appointed for life and inviolable. Also in Rome were never abrupt breaks, i.e., they were superimposing the new magistrates to the old gradually.
Patrician-Plebeian Struggles
This is what characterized the republic. In Roman society from the beginning, there were two classes, the patricians and plebeians. The patricians were originally the patres of the people who formed the city or who subsequently joined them. Later, the patricians were the descendants of these people.
As for the populace, there are different theories. For some authors, the plebs were the early Latin that had been dominated by the Etruscans. To others were small farmers who had settled on Roman soil. For other customers were separated from the gens were either outdated or foreign émigrés. The situation of the plebeians was equal to that of Latinos, had ius commercii between them but had no ius conubia were entitled to maintain trade relations with the patricians but were not allowed to marry them.
In the year 445 BC a law was enacted, the Lex Canuleia that recognized marriage between patricians and plebeians. Between 444 and 367 BC there is a constitutional transition period in which there is an ongoing struggle between patricians and plebeians, the plebeians long chase on the one hand the distribution of the ager publicus-field, public lands with the State and they intend to survive and grow, also seek access to higher political office.
From 367 BC and the commoners are gradually occupying all the magistrates, dictatorship, the Pretura, censorship…
The people gathered in assemblies plebis were reconciled in these assemblies were made agreements received the agreement of plebiscite, but only became mandatory for the masses, however, an act is 287-286 BC and the Lex Hortensia, and what this law is made obligatory for both commoners and patricians.
Item 4: The Roman Republic
1. Consolidation of Republican Principles
It is known that the structure of Rome during the last king was that of a State based on clan organization dominated by the primitive household patres. Those in power patres military, civil, and religious. The passage of such a society the republic took place through several stages, and in these stages, the most important were the creation of centuriated army and the creation of the Law of the Twelve Tables.
2. Organization Policy
The republic was based on a new method of organizing people, and in this way was granted to persons outside the gens as citizens with participation in the military and voting. The reform that is attributed to Servius Tullius final break with previous tradition.
The new army was a way of organization that was based on the census, i.e., the list of citizens which listed the property that each had and was renewed every five years. The members of the tribes, according patresfamilia and filiifamilia goods were divided into five classes. There were a total of 183 centuries, the army was composed of 18 centuries of chivalry, and of these 18 centuries, the first six gentile had certain privileges and patricians. There was a first-class consisted of 80 centuries, the 2nd, 3rd, and 4th centuries had 20 each, and the 5th class also had 30 centuries, and centuries there were five assistants.
All citizens paterfamilias, filiifamilias, rich, poor, patricians, plebeians, from age 17 to 60 years had to be integrated into the army. Theoretically had the same right to vote, but the vote was done for centuries and is beginning by the 18 centuries of cavalry so as to stop voting when the majority was reached, thus reaching as much to the 2nd class and at the rare and unique to the 3rd.
The judiciary was the third Institution of the Republic, were the executive organs of state. There were different classes of magistrates, judiciary with and without Empire Empire, Regular and Special Magistrates, the Greater and Lesser Tribunals, the Tribunals and patrician and plebeian Curala Benches and Curala not.
The first feature is the annuity, the Republicans had temporary judges, unless the censors were appointed every five years and lasted 18 months in office and the dictator along with his assistant who was the Master of the Horse, which lasted six months in office, all other magistrates were a single year in office.
The second feature is the schools, all were college tribunals unless the dictatorship. Collegiality means that several people were invested for the same position and with the same power. Any magistrate could act unless his colleague objected and prevailed in that case was the opposition that intercessio that was the right to veto a magistrate interposed to the action of another of the same class.
The third feature is the elected officials, judges were elected by popular assemblies. The fourth feature was gratitude, were honorary positions were free and sometimes occasioned great expense and that led to the occurrence of many abuses in the provinces. The fifth feature on responsibility, in theory, judges could be civil and criminally prosecuted by the ordinary courts, but in practice, this did not happen, and therefore very few exceptions responsibility became effective at the end of its mandate and became effective before a special court that is called quæstiones repetunoarum.
3. The Importance of Magistrates
The importance lay in the fact that the Roman magistrates had imperium and potestas, all judges had the power but not Imperium, in the field of public law the authority is the competition that has the judge to express his will of the state, creating for the state rights and obligations. The Imperium was the supremacy of the state that is embodied in the magistrate and required of all obedience. The Imperium was the dictator and consul, and the magistrates.
There are two types of Imperium, imperium domi and imperium militiae. The Imperium Militiae was the power out of the city and also covering administrative or judicial functions and also military. Pos against the Imperium Domi was the power in Rome.
The Imperium included various faculties, auspiciorum jus, which was the right to explore for certain signs the will of the gods. Another of the powers of Imperium is jus edicendi, that was the right to issue ordinances which contain instructions or prohibitions, was also within the Imperium agendi jus cum-patribus right to convene the Senate and agendi ius populo cum-right to call the popular assemblies.
Other powers is iurisdictio that is putting the power of the magistrate directed the administration of justice initially, then were protectors of private interests. Within the empire, there is more power, military power was the supreme command in this area and that military power including military recruits, the direction of the war, grant awards, and sharing the spoils. He was also with the power within the Imperium coercitio was the power to impose penalties without having to resort to a process, put fines or other sanctions.
Although charges were free the judges were entitled to certain signs of distinction, were preceded by lictors, the judges wore purple suit on his victory and in certain special circumstances and usually used a toga with a purple stripe. Neither the magistrates or judges commoners had the same insignia.
Each judge was assigned a number of attendees, from the highest grade: The Consulate.
The Consulate
The Consulate was a judiciary with power, patrician older could administer justice-seat, regular-lasted one year-and was held by two persons who were elected in the elections centuries. It was the highest judiciary, had the supreme potestas and imperium maius, the largest empire the supreme power. Born as magistrate with the name of praetor. In 367 BC was when it was established under the name of consul. The importance of this office led to the birth of a new class, nobilitas and this new class was formed by families of its members had held the nobilitas also was partly class patricians and plebeians partially enriched. It was an annual magistracy was extended to the military command and then was called the proconsul.
The consuls were distributed forces, including infantry and cavalry-and business-military companies-one was the consul maior and the other had the intercessi, but took turns.
The consuls were preceded by 12 lictors, wore the toga with the purple stripe. The consuls were nominated by previous judges and voted in the elections centuries, if one of the consuls died during the mandate appointing another that was called consul suffect and if they died the two consuls then came the figure of interrex.
Among his responsibilities was the imperium, with all powers, also had all the skills that had not been assigned to other courts. As iurisdictio was delegated to the magistrates normally but when it came out of the ordinary procedure again be left to the consuls.
The peak coincides with the consulate in the republic and the principality lost the annuity, collegiality, and accountability, and eventually became an honorary position but continued to name the years.
The Pretura
The following is the Pretura judiciary, was a bench with Empire ordinary couple, Patricia and seat, which was also chosen in elections centuries. Initially, the magistrates during the transition from monarchy to republic replaced the king but were military leaders and in 367 BC with the Leges miliciae Sextia near the consulate was established urbanus praetor.
It seems that the reason for the creation of this office was that the consuls often be found engaged in border wars in Rome and there was no bench with Empire and not to stay that vacuum was created praetor colleague and he was considered less of the consuls, had the same powers as the consuls but subordinate to them. This magistracy is stabilized in the year 242 BC when it was created a 2nd praetor, the praetor peregrinus, the number of magistrates was increased progressively from 2 to 4, 4 to 6, from 6 to 8 8 to 10 and so the 16, was an annual magistracy and collegial. They were preceded by two lictors when they were in Rome for six when away from Rome and were chosen in elections centuries.
As for his skills had the iurisdictio, the ability to manage trials, but in the absence of the consuls could summon the Senate and the election and other functions that belong to the consuls. The urban praetor acted in Rome and among citizens. The peregrine praetor increase came when the Roman territory as a result of the gains came a large number of noncitizens and the peregrine praetor had jurisdiction to hear matters that arise between soldiers and pilgrims and pilgrims from each other.
The prefect was the government body intervening in the private prosecution because he was competent to see the stage in jure.
From the standpoint of the most important duty of this office was the use of ius edicendi. At the beginning of the praetor mandate promulgated an edict to the rules of procedural law that would govern during his time (1 year). With these standards are protected and recognized the new interests and relationships that led to the expansion of Rome. Through the edict came a new law that abolished the Ius Civile but developed in parallel to it and that right wasius honorarium or jus praetorium.
Aedil
The judiciary of aedil-mayor-is patricia, smaller seat and without Empire. These aldermen were born in 367 BC as a patrician magistracy but later elected a year between the patricians and others among the commoners. These councilmen were elected by the election by tribes and these aldermen had privileges of judges. The powers were equal to those of the aldermen and commoners seats ended up being confused with the aldermen aldermen commoners. Core competencies were 3:
1.Cura urbis: exercised the maintenance of public order.
2.Cura Ludorum: exercising the organization of festivals.
3.Cura annonae: dealing with the grain supply and price regulation, also dealt with the inspection of slaves and cattle markets.
These aldermen had civil and criminal jurisdiction could impose fines under the coercitio but were subject to the ad populum provocatio before the elections by tribes. The deputies also knew seats in disputes that could arise when concluding contracts for sale of animals and slaves and carried out a regulation on the eviction and hidden defects.
Quaestor
The last of the magistrates is the quaestor, was a regular judge, minor, no seat and no empire. Apparently he had a very ancient origins and was made back to the time of the monarchy and was therefore less important in the republic. Initially the Questors were 2 assistants were consuls and consuls appointed by the elections but was appointed after the elections for the Tribes. Grew progressively, starting with 2 and ended up 40. Quaestors in special offices created.
Apart from these powers had other activities such as guarding of the Treasury (Treasury) and the military insignia to the keepers of aqueducts.
The special judges are 2, the Dictator and the Censor.
Dictator
The dictator was an extraordinary magistrate, with power, not college, not annually. It was not elective, was appointed by one of the consuls with the prior approval of the Senate and between consular senators. Historically, the dictator was appointed in times of great military threat to Rome and its activities were mainly military. The dictator in turn appointed an aide who was the Master of the Horse-master of cavalry-both were invested by the Lex curiata the empire.
The term of office was as much of 6 months and during his tenure he was subject to all tribunals and before him there was not theprovocatio intercessio or ad populum. Also removed were the differences between the dominant and the Imperium Imperium Militiae.
Censor
The censor or censure is a patrician magistracy, extraordinary, larger seat and without empire. It was composed of 2 members, it appears that the judiciary was post-leges and licinae Sextia was originally restricted to patricians, but since the enactment of another law is the lex published plebeia creating philonis-censor on creating plebeian censor of 339 BC-the year the second of the censors had to be plebeian.
The judiciary did not have a continuing, was elected in the elections centuriated every 5 years and received the investiture by the lex potestate centuriata of censorious. The mandate was for 18 months or until after the census, he could take slightly more or slightly less .
The powers of the censor was, first, the census was the list of Roman citizens which included their property as well. Another 2nd race was the administration of state lands and lease of taxes and public works. Other powers was the prosecution of the reputation of citizens, this was organized through the censorious note.
Other powers was the appointment of senators, he was conferred by a Lex Ovini of mid-fourth century BC The censor had no imperium but certain privileges, using the chair seat, which was hosted mostly, used the purple robe and not Intercessio was subject to the tribunes of the people.
He considered the performance of this office as the highest dignity and was only occupied by consular senators and also felt that it was the pinnacle of political career. The census was conducted all the people calling for a meeting in theChamp de Mars and came to the registration of persons and property. At that call was made mandatory in case of non-attendance, imposing severe penalties, those penalties could reach even to stop being a Roman citizen.
Once finished the census were holding a religious ceremony was called lustration and the ceremony ended with the mandate of the censor.
Judges commoners
The judges commoners was the tribune and the mayor. The tribune of the plebs was the plebeian magistracy that was more characteristic of the republic, was created to defend the common people against abuses of the patricians. It was a class defender and had no imperium but was recognized potestas. They had no jurisdiction of a positive nature. She acted both day and night and only within the city of Rome. At first they were 2, then became 5 and finally 10.
At first they were elected by commoners and later by the assembly which was theTaxable Comitia. The power of the tribune had its origin in terms of helping the common people against the patricians and just that function, it derived its most important feature was the Intercessio, that could raise against the intercessio all magistrates except the censor and dictator, even the Senate could oppose.
He also had another feature the tribunes of the people was absolute immunity, it was a holy person who was covered by godly standards. That Intercessio inviolability and it seems to be based on a sacred oath that performed the populace, in an oath of allegiance and defense and that oath was recognized by a law that was the Lex Valeria Horatia the middle of V century BC
Another was the coercive power and thereby the Tribune could imprison people, could impose fines even magistrates. Judges normally if they were fined for their military activities.
Once the class struggle was softening the Tribune became a political power to prevent abuses within Rome. However, some tribunes using his position for purposes to be populist and popular.
The Senate and the Republic
The Senate during the republic was composed of patricians who were called patres and commoners who were called Conscripti (enlisted). The Senate has always existed from the beginning to the end and was inherent in Roman thought. The most salient feature of the Senate was its historical continuity. It was a collegial body in an advisory and deliberative. During the third and second centuries BC the importance of the Senate grew mainly due to the annuity of the courts.
4.Cursus honorum
The Senate was the most stable factor in the Roman constitutional life. The compositionSenate: the senator’s office was for life, at first had to be patrician and then admitted to the commoners. The Lex Ovini censors gave it jurisdiction to appoint senators but, nevertheless, for that appointment is still the order of honorum cursus so that role of the censor became mechanical.
First, when discussing the censors issued its opinion, after the former Consul and so on. But within the cursus honorum took into account the membership of the patrician class and the elderly. Occurred within a mere division of the senate, the senators that distinguished their own right and those who had access to the Senate to play a magistracy. The latter had the right to attend Senate meetings but not entitled to vote. The Senators had great privileges of political and social. They had some limitations by being senators, for example, do not marry below their status class, exercised either trade.
The number of senators in the beginning was 100, then became 300, at the time of Caesar, in the middle republic, reached 900 members, but the normal average number was 300. there were different ways to become a senator:
1 Elected by the censor.
2 º For indirect election of the people to play a magistracy.
3 For the same senate election.
Ways to stop being a senator were as follows:
1 resigned.
2 º In applying the censorious note.
3 For the loss of citizenship.
The functions and powers of senate
The functions were the Interregnum, the auctoritas patrum and consultum. The powers, the first is foreign policy, the second military command, the third provincial politics and the fourth state administration in relation to any extraordinary financial and worship.
The interregnum was the appointment of a senator as temporary chief magistrate with the title of interrex. At first this interrex was chosen among the patricians, after all the members of the Senate and finally between those that had boasted a magistracy patrician seat.
The Patrum auctoritas was the power to ratify or reject the decisions of the popular assemblies. It was originally paid after an agreement with the patricians. He later passed a law that is the Lex Publicly philonis of patrum auctoritate (339 BC) was to establish that the auctoritas patrum should be given the vote before the election, so it became a proposal to vote. At the height of the auctoritas patrum republic became a traditional formality, was a simple formula.
The consultumwas the request of Senate opinion on an issue made by a magistrate. The consultum never been considered binding, but there were indirect means to force the judge to follow the advice of the Senate and was to deny the necessary funding for their projects or request a tribune of the people who filed the intercessio to action by the magistrate.
Foreign policy, the Senate received foreign embassies, was making arrangements and sent legates (representatives of the Senate). For the declaration of war or the signing of a peace treaty had the opinion of the Senate.
The military distributed the Senate and sent Militiae imperium legacies as assistants to the general campaign. Moreover also coordinate military operations when there were several fronts. Senate also recruited troops and financed military expenditures.
On theprovincial policy was the allocation of enormous significance of the provinces. The senate had control over the governors of the provinces.
The state administration in financial matters the Senate controlled the treasury and authorized the use of the treasury. Besides buying or selling the assets of the State, established the tax amount and agreed on the legal coinage in Rome.
With regard to commercial traffic in the Senate was also involved at controlling certain products, especially cereals. Also, the Senate decided on religious matters, the Senate will decide whether admitted or not a new god in the Roman Pantheon, the Senate also exerted control over associations. In special cases the Senate voted for the appointment of the Dictator and the senate took exceptional measures to public health and called on all citizens to arms, the call was designated with the wordTumultum. In moments of grave crisis the Senate authorized the judges to take exceptional measures to restore order.
Election
The polls in the Republican era there were 4 types of elections: The Comitia curiata the Comitia centuriata, the Conciliation and Comitia plebis Tribute.
Comitia taxed
The Comitia taxed this time is kept by traditional motifs. They had powers of political and religious.
For the political powers were called and met Comitia curiata lictors 30. For the religious it was gathered that all the curiae and political functions voted the Lex curiata of empire did not confer the imperium to the judges. In this case they were called Comitia Calata and was its role and the ad Rogatien detestatios acrorum.
Comitia centuriata
The Comitia centuriata at this time became the most important. They held the line of its military origin but that organization was in favor of the wealthy class and the people more and to avoid the dominance of the wealthy class of people most reform took place in 241 BC This reform was that for locate in different classes of citizens were taken into account not only capital but also the movable property. Under this reform remained the 18 centuries of cavalry and 5 auxiliary, but the first class was 70 centuries and the other 4 classes are distributed in 25 centuries each. Besides the first century (18) lost the privilege to vote in the first and the privilege became a century of the first class that was chosen by lot.
The powers were, first, the creation of ordinary and extraordinary magistrate older. The second vote ofLex centuriata de potestate censorial, the third, voting laws, the fourth trial in criminal cases with the sentencing to death and the 5th, the vote on the law on the declaration of war, the signing of peace …
Elections by tribes
Tribes were the election by the deliberative assemblies of all the people of Rome organized by tribes. These elections were called and presided over by judges patricians. It is not known what was its origin of this assembly but it appears that came together to prevent the elections century and was easier to summon them by tribes. The powers in the first place was the creation of juvenile judges, ordinary and extraordinary, and in 2nd place for the prosecution in some