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Roman Law
9/11/2007
Outline
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II. REPUBLICAN INSTITUTIONS
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OUTLINE OF ROMAN
CONSTITUIONAL HISTORY: REPUBLIC AND PRINCIPATE
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1.
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753 B.C. to 510 B.C., from the traditional date of the founding
of the city by Romulus
to the traditional date of the expulsion of the last king, Tarquin the
Proud.
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2.
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510 B.C. to 27 B.C., Republic. From founding to Augustus’
consolidation of power
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a.
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510-275 B.C., Early Republic. Consolidation of Roman power over
all of modern Italy;
patricians vs. plebians; 367 leges
Liciniae Sextiae; XII Tables (451/0 B.C.)
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b.
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275-146 B.C.: middle Republic. Territorial expansion; peregrine
praetor; formulary procedure (soon after this period
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c.
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146-27 B.C.: late Republic. Gracchi (133: Tiberius; 123:Gaius); rise of generals, with series of dictatorships
(Sulla, Pompey, Julius Caesar 49-44 B.C.)
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3.
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27 B.C. to 284 A.D., Principate
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a.
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27 B.C.-69 A.D.: Julio-Claudian emperors. Augustus 27 B.C.-AD 14;
ends in 69, the year of the four emperors. New imperial officials:
praetorian prefect, urban prefect, consilium
principis.
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b.
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69-235 A.D.: mostly good emperors (69-96: Flavians, all
soldier-emperors; 96-180: Nerva, Trajan, Hadrian, Antoninus Pius, Marcus Aurelius;
180-235: Antonine and Severan dynasty).
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c.
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235-284 A.D.: “30 tyrants”
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4.
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284-565: Dominate
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1.
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Magistracies:
consuls (have imperium) two elected annually seem to have inherited
royal power—commanders in chief in the field and chief magistates at
home—little legal function after 367
praetors (have imperium)—urbanus 367—peregrinus
242. In the next 50 years 4 more added to take care of the provinces. In Sulla’s
time the number was expanded to eight, but the provincial character was
removed, and they became judges of criminal courts.
dictator
censors two every five years
quaestors and aediles currule aediles and the market
tribunes ten of them
proconsul
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2.
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Legislative” bodies:
comitia curiata organized on the basis of an old geographical
division the curia. Has a decidedly religious flavor, is associated
with the pontifex maximus, and has virtually no legislative power.
Witnesses formal wills and adrogations (a form of adoption). Became a body
of 30 representatives.
comitia centuriata an organization
with a decidely military flavor. Summoned by consuls, probably decided
questions of peace and war. Provocatio lay to it. Elected the major
magistrates.
comitia tributa another organization
along geographical lines, organized in centuries. Not only citizenship but
also land holding was originally required and the landholders always
dominated. Could be summoned by many magistrates.
concilium plebis the plebs
organized by tribes summoned by the tribune of the people. By the l.
Hortensia (286 B.C.) it clearly became able to pass binding plebiscites
without the concurrence of the senate.
senate In a way hardest to understand of
all. In Republic never officially had power to pass legislation but a senatusconsultum.
Had auctoritas.
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