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89 Cards in this Set
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Marcus TulliusCicero: what is his title in politics? When did he live? Where did he live |
Cicero, was a Roman politician who livedfrom 106-43 BCE. He was an optimateand a novus homo. - Lived in Rome |
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Ciceros court room speech known as? in latin? Where was it said? When did he deliver the speech? Why was this an important time in Rome? |
-Latin: Pro Caelio,translated in your book as InDefense of Marcus Caelius (written in Latin) -Cicero delivered the speech in 56BCE delivered in a court in the city - less than a decade after the Catilinarianconspiracy - before assassination of Julius Cesear |
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What happened in 52BCE? |
year in which Clodiuswas killed, both Caelius andSallust were tribunes |
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What is Clodius and what law did he introduce? |
- tribuneof the plebs who introduced the plebecite to execute anyone who let othersget executed without trial |
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Author, Title, Date, Location and Language of speech? |
Author: Cicero Title: InDefense of Marcus Caelius (or ProCaelio) Date: 56 BCE Location: Rome Language: Latin |
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in 56BCE who prosecuted Marcus CaeliusRufus? On what charges? What other links does the prosecutor have with Caelius? Who defended him? |
Lucius SemproniusAtratinus,son of Lucius Calpurnius Bestia,and (maybe) Publius ClodiusPulcherprosecuted Marcus CaeliusRufus on the charge of vis (political violence). He defended himself, with the support ofMarcus LiciniusCrassus and Marcus TulliusCicero. |
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When was Caelius Born? What was he said to be involved in? who defended him of this? |
born in the early 80s BCE and as a youngman was somehow involved with Catiline,though it’s easy to believe Cicero when he says that Caeliusdid not join the conspiracy. |
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Who did Caelius successfully prosecute? for what? Who was the defence lawyer? Who won? |
- Gaius Antonius Hybridafor repetundae - Antonius defense lawyer was Cicero - Caelius beat Cicero |
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Who were Roman involved with in the middle of the first century? What king? what type of kingdon? |
- Romewas increasingly involved in Egyptian politics, and the king in Alexandria was Ptolemy XII (the father of Cleopatra VII) -Hellenistic kingdoms because theyare in this period, and ruled as monarchy’s -This is late in the Hellenistic egypt |
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The Alexandrians disposed of who? when? why? |
- 58 BCE - largely because of his friendly relations with Rome, the Alexandrians deposed and expelled him. (Hellenistic kingdom) |
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Why lead to Alexandrians restoration? When? |
- Romans would not get the return of their loans to the Egyptian king without his restoration -55BCE restored |
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Who was not happy with the restoration of Ptolemy XII? What did they do about it and when? |
In 57 or possibly 56, the Alexandrianssent an embassy under Dio to oppose the restoration, but Diowas killed (before restoration) |
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Where did Romans get most of their grain? What importance did this have to Rome? Why was this a threat? |
Rome is importing grain from various places aroundMediterranean (one of their causes for expansion around Mediterranean- Middle of 1st century BCE); most ofgrain from North Africa or Egypt; grain supply became big issue; most powerfulpoliticians were given ways to secure grain supply they had to make sure grain was coming in from Hellenistic kingdom of Egypt -Grain riot fears -> Dio brought threat |
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How did Cicero defend Caelius? |
- Caelius's ex-girfriend (affiar) Claudia was somehow caught up in murder of ambassador - Cicero argued Claudia was plotting against Caelius to get back at him - Caelius was acquitted |
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Who is Claudia to Cicero? What relavence does she have? |
Claudia is Cicero's sister; she a celebrity, married to famous counsellor |
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In 48 Cealius became what? What did he propose? |
48 BCE - Caeliuswas the praetor peregrinus - He proposed a radical program of debt relief,was expelled from office, raised an insurrection, and was killed fighting - famous for this |
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Members of the jury: If somebody were here who knew nothingabout our laws, our courts, and our customs, he would certainly wonder whatcrime could be so vicious that on a holiday when public games are taking place,when all civic business is at a halt, this one court should be in session. He would have no doubt that the defendant ischarged with so massive a crime that to leave it unattended would result in thecollapse of the state. |
- Holiday, Cicero making fun of the fact that their doing Business on such a day - Holiday's usually watch comedies, what jurors should be doing - Comedy of Rome, relating with Jorors - cicero identifying Caelius with Comedy, making him seem more of an in-group, heroic |
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What is Ciceros main stagey for his defence? |
- Cicero’s major strategy is to create an ingroup and outgroup like Lysias did:- Caelius = innocent respectable young man, insider Claudia = slutty, stupid, taking down rome, outsider |
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Lexlutatia? |
meant to deal with corrections and courts and therefore had to meet on holidays |
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Author, Title, Data, Location and Language of Cataline's war? |
Author: Sallust Title: Catiline’s War (latin:Bellum Catilinae) Date: 44-40 BCE Location: Rome Language: Latin |
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who is Gaius SallustiusCrispus? adherent of who? When did he live? What was he successful doing? When did he start writing and why? Where did he live |
Gaius SallustiusCrispus,or Sallust, was a Roman politician and adherent of Caesar. He lived (probably) from 86-35 BCE. He was a successful general in Africa butretired from politics amid scandal and began to write history in 44 BCE. - Cesear assassinated in 44BCE - lived in Rome but had villa outside in Tivoli |
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When was their turmoil in Rome? between what parties? Who was most important? |
-In the 60s BCE -The two main factionswere the conservative optimatesand the radical populares -Important participants include Marcus TulliusCicero (o), Gaius Julius Caesar (p), Marcus PorciusCato (o), and Lucius Sergius Catilina (p) |
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optimates |
Social and economical conservatives not in favour of restructuring debt |
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Populares |
Radicles appear to masses in favour of restructuring debt |
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Lucius SergiusCatilina |
- noble patrician and a popularis - excellent general and a charismaticspeaker - one of the most radical proponents ofdebt reform, advocating simply abolishing debts - wanted to take power |
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When was Cataline unsuccessful for consulship. What was is platform? |
Ran in 64 for 63BCE and again in 63 for 62.. lost -platform called for the cancellation ofdebts and redistribution of land |
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Who won consulship in 63? What did Cicero do at the election of 63? |
Ciceroand GaiusAntonius Hybrida - Showed up to election wearing breastplate saying Cataline was planning on assassinating him (July) |
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Who was campaigning for Cataline? Who was most notable for campaigning for Cataline, why? |
- Client around Italy - most importantly: Gaius Manlius,who was in Etruria where there were a large number of recently evicted farmersand unhappy war veterans (Sulla distributed this land). |
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What did the senate pass on Oct 21st? Why |
- senatus consultum ultimum (ultimate decision of the senate –emergency), advisingthe consuls to take extraordinary measures to ensure the safety of the state - Cataline getting serious about overthrowing gov. + kill Cicero |
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What had Cataline planned on November 7th? What happened? |
Catiline hadorganized his supporters to assassinate Cicero, set fire to Rome, and inciteriots and slave revolts in Italy. Cicerowas tipped off and managed to prevent the assassination and arson |
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Nov 8th 63? What did Ciciro declare Cataline as? |
Cicero convened the senate and delivereda scathing speech. Catilinewas present and called the accusations lies. The senate sided with Cicero and Catilinefled the city to join Manlius in Etruria - Cataline still tried to persuade senates that Cicero outsider -hostis: enemy combatant |
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What happened December 3rd 63? |
captured envoys of the Allobrogesproduced written evidence of the conspiracy and five of the conspirators,including PubliusCornelius LentulusSura andGaius Cornelius Cetheguswere arrested |
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December 5th? When and how did Cataline's war end? |
- senate voted to execute the conspirators - sent the consul Gaius Antonius Hybridato fight Catiline’sarmy in Etruria, and in January of 62 Catilinedied in combat and his army was destroyed |
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What periods distinguish Roman law? dates? |
-the pre-classical (up to the firstcentury BCE) -the classical (through the third century CE) -thepost-classical (from the beginning of the fourth century CE). |
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Periodization of Republic |
-the early republic (ending in the thirdcentury BCE), the late republic (ending in 31 BCE) -the classical period(lasting until the crisis of the third century CE) -the later empire orpostclassical period |
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Traditional date for foundation in Rome? |
753 BCE, and at first Rome was ruled bykings who were elected for life |
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Who was Romans first and second king? What were they credited for? |
1. Romulus, created patron and client 2. NumaPompilius, who was credited for many roman laws |
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How did Romans dispense justice in regal period? |
largely by customs rather then by law; same as Greek polis |
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When did Roman switch from kings to magistrates? |
509 BCE Romans overthrew (Brutus did this) the last king and instituted asthe chief magistrates two annually elected praetors |
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What power did praetors have? |
imperium: or the power to command intercessio: which allowed him to stop an action of the other praetor (veto power) |
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What happened in early 5th century? What did the patricians do. |
Struggle of the order: aristocrats vs. Plebeians -the plebs (or plebeians) seceded fromRome and formed their own government, assembly to vote, headed by annually elected tribunes -patricians allowed the plebeian assemblyto pass binding laws, gave the tribunes the right of intercessio |
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When did Roman laws become public? |
Twelve tables 450 BCE (laws began) presist did not have secret control over laws anymore |
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When was the twelve tables laws superseded? |
Justinian’s codification of 528-34 CE |
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provocatio; who made this law? |
'calling forth' citizen could appeal the summary judgmentof a magistrate to an assembly of the Roman people Sulla made law |
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What structural change in Roman government happened in 367 BCE? What power did they hold? |
Romans created a third praetorshipandrenamed the original two praetors “consuls.” The praetor and the consuls now all held imperium,but the consuls held maiusimperium,which meant that their imperium was greater and the praetor could not halt aconsul’s actions |
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Imperium used where? Praetor (after 367bce) did what? |
-power over someone in government -consult > magistrate could halt decision of other magistrate of equal or lesser rank -plebs could halt action of any rank including consuls -Roman magistrates with imperium also military commanders, magistrates theyincreasingly took on administrative duties in Rome -praetor was largely responsible for thejustice system, and he appointed judges |
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242 BCE |
Romans were dealing more with casesinvolving foreigners. They added asecond praetorshipand from then on one praetor was the praetorurbanus (urban) andthe other was the praetor peregrinus (forgienors) |
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What happened in Roman Government after Second Punic War? militiae? domi? |
regularorder of offices - cursus honorum = established - Magistrateswith imperium had virtually unlimited authoritywhen outside the city (militiae). When in Rome (domi), the authority of magistrates wassomewhat limited by the rights of provocatioand intercessio. |
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Quaestors? aediles? |
Quaestors were financial officials, and aediles were in charge of archives andpublic works |
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iushonorarium? edict and how it changed over time? |
- distinguish law based on the praetor’sedict from more formal legislation - edict outlined how praetors planned to carryout the duties of the office (changed little over time, under the empire in the second century CEthe edicts of the praetors and aedilesbecame completely static and unchanging) |
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most honorable jobs in Rome
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end of the fourth century BCE, law was nolonger exclusively the province of the pontiffs and being a lawyer (along withserving in the army and holding political office) |
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Roman lawyers 3 jobs |
ad respondendum(givinglegal advice, e.g. to the praetors) adagendum(preparing cases for court) ad cavendum(drafting documents) |
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iusrespondendiex auctoritateprincipis |
- beginning with Augustus - middle of the second century CE, juristshad much more prestige than advocates |
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first great jurist of the Classicalperiod of Roman law |
Marcus AntistiusLabeo - taught and wrote books on law - original source of the “Proculianschool”named after the first century CE jurist Proculus - principle application of law |
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Masurius Sabinus. What did he found? |
- Another important jurist of the firstcentury CE - book on ius civile,treated separately from iushonorariumand public law - practicalapproach in contrast to the principled approach of Labeo -his student, Gaius Cassius Longinus, helped him found the schola Cassiana,later known as the Sabinianschool. |
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Haidian (high roman empire) changed laws of jurists how? what century? What did this encourage? |
- the second century CE, Hadrian made theopinions of jurists with the ius respondendibinding, and he reorganized the imperial bureaucracy with a well-paid careerstructure for so-called equestrians (rather than freedmen). This encouraged wealthy Romans to study law,and increased the demand for schools and teachers. |
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What was discovered in 1861 in Verona? |
-Gaius (a proponent of the Sabinianschool) scholars discovered a palimpsest of his Institutes,which were his lecture notes from 160-161 CE. |
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Important Jurist |
Aemilius Papinianus(active from 194 and died in 212) DomitiusUlpianus(active from 202 and died in 223) IuliusPaulus (active throughout the first half of the third century) HerenniusModestinus(active throughout the first half of the third century). |
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Who reformed roman law? When was he alive and when did he reign? What law did he intact with Valentinian 3? What else did he do? |
-Theodosius II - born in 401, reigned from408 until his death in 450 -along with the Western emperor ValentinianIII, in 426 enacted the “Law of Citations,” which made the written opinions of Papinianus,Ulpianus,Paulus, Modestinus,and Gaius binding on magistrates - appointed a commission to compile acomplete anofficiallaw code, and promulgated the CodexTheodosianusin 439inthe East and soon after in the West |
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Corpus Iuris Civilis? When? What are the four parts? |
528, the emperor Justinian commissioned Tribonianusto oversee what would become the CorpusIuris Civilis. 1. the Codex Iustiniani 2. the Novellae(additions and adjustments to the Codex) 3. the Institutiones(effectivelya second edition of Gaius’ Institutiones,a beginning textbook), 4. the Digest(about 2000 fragments or quotations of 39 different jurists from as far back asthe first century BCE, about half from Ulpian and Paul). |
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What is SPQR. What was there relation with the rest of Roman politics? |
SPQR stands for SenatusPopulusqueRomani,or the Senate and the People of Rome. The senate was an advisory council of elders, made up of formermagistrates and reviewed by the censors. Although the senate did not technically have any binding authority, itissued statements called senatus consulta(singularsenatusconsultum)that advised Roman magistrates, and the magistrates nearly always followed thetraditional authority of the senate. |
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3 kinds of assembly in Rome |
-the centuriateassembly (comitia centuriata) -the tribal assembly(comitia tributa) -the plebeian assembly (concilium plebis) |
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centuriate assembly |
1.Itis based on the assembly for recruiting armies 2.Itis organized by wealth, and the wealthy centuries are much smaller and votefirst 3.Thereare 193 centuries, and each one gets one vote in the assembly 4.Itelects consuls, praetors, and censors, votes on declarations of war, and hearscitizens’appeals in capital cases. 5.Assembliesare for voting only. Debating and publicdiscussion happens in contiones(singular: contio). |
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tribal assembly |
1.Itis organized by the location of residence. 2.Thereare 31 rural and 4 urban tribes (as of 241 BCE) and they vote in an orderdetermined by lot 3.Itelects curuleaedilesand quaestors,votes on leges (singular:lex), andjudges trials. |
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plebeian assembly |
1.Itis organized by tribe. 2.Itis made up of plebeians only and presided over by tribunes of the plebs. 3.Itelects tribunes of the plebs and plebeian aediles,votes on plebiscites, and judges trials. 4.Althoughthe plebeian assembly did not vote on leges,they did vote on plebiscita(singular: plebiscitum),which after the lexHortensia of287 BCE were binding on the whole of Rome. |
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What were senators forbidden to do? Who job was it to do this? |
Senatorswere forbidden to engage in business or trade. - Wealthy men who chose business over politics were called equites (singular eques) or the “equestrian order.” They are sometimes referred to in English as “knights -bidon contracts with the senate or with magistrates to carry out public business,like the collection of taxes (publicani-influence great influence) |
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What are priests role in Roman government? What were there responsibilities? Did they all have the same ones? |
Priestswere members of the senatorial elite elected for life by a special assembly ofthe tribes. The different colleges ofthe priesthood had different responsibilities. Pontifices, for example, were mostly incharge of sacrifices and festivals + in the early republic they had control of the laws as well. Augurswere in charge of the auspices and augury, and thus had the power to delay orprohibit public business. |
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27 BCE, how did government in Rome change? |
- Augustus made his settlement with thesenate, the constitution of Rome was different. - Augustus restored the republican government, hemaintained the final authority and over the course of the next few centuriesthe Roman government became increasingly centralized and hierarchical,developing a bureaucracy |
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By the second century CE, who appointed magistrates? Who no longer voted on laws? |
- assemblies no longer voted on laws - the emperor appointed magistrates. - Theemperor (or his staff) drafted legislation and sent it to the senate forapproval. |
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What was the source of law under the Rebulbic? By the 5th century CE? |
Twelve tables, the praetorian edicts, leges, plebiscita,and to some extent senatus consulta source of law was written by the jurists |
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What was the early procedure in Rome? Who and how was the cure phase? What was the process? |
- legisactiones(singular:legis actio), or actions of law - plaintiff brought a defendant before thepraetor by a formal summons called in ius vocatio,initiating the in iurephase. The plaintiff specifically quoteda legal procedure and the praetor interviewed the litigants. If the praetor determined that the lawapplied, he appointed a judge (iudex,plural: iudices) forthe apud iudicemphase. The judge heard the arguments andissued a decision, called a sententia. |
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lexAebutia, when introduced? |
second century BCE; called: formulary procedure - same structure as the legis actio system, but was moreflexible - in iurephase, the praetor was not restricted to applying the strict wording of anestablished procedure, but instead used the interview to write a formula,which defined the case and issued instructions to the iudex which consisted of a iudicis nominatio (named the judge or 3-5 person panel of recuperatores), an intentio that stated the plaintiff’s claim, and a condemnatio that defined the circumstances under which the defendant should be found liable or not. |
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if a defendant found liable but failed to pay? |
- plaintiff could initiate an actio iudicati, inwhich a magistrate would authorize the plaintiff to use force to exact thepayment - no appeal procedurebeyond the possibility of making an argument at the actio iudicatihearing |
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cognitio extraordinariaor cognitioextra ordinem(extraordinary procedure |
- became usually procdure in 2nd century CE - emperor, a magistrate, or a delegatedofficial would hear the entire case, combining the in iureand apud iudicemphases - Began with Augustus |
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Civil procedures in Rome (2nd CE)? |
imperiumof the magistrates, which included the authority to imprison, castigate, orfine citizens, slaves, women, or foreigners. Roman citizens had recourse to provocatio ad populum. |
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In the seance century BCE, what did the magistrate do to investigate a criminal matter. |
magistrate to set up a quaestiorather than investigating a criminal matter himself; he would appoint a consilium ofadvisors and act as prosecutor and judge, ultimately reaching a verdict anddetermining a punishment himself. |
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lexCalpurnia established what in 149 BCE? |
first quaestio perpetua(plural: quaestionesperpetuae), orpermanent court. This particular one wasthe quaestiode repetundiisestablished to hear cases of repetundae,or extortion in the provinces by a governor. |
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second and first centuries BCE also saw thecreation of quaestiones dealt with |
to deal with maiestas (morefully maiestasminuta populiRomani,diminishing the majesty of the Roman people), veneficia et sicarii(poisoning and murder/assassination), ambitus(electoral bribery), and vis(political violence). |
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What kind of procedure dealt with the prosecution of Caelius? |
quaestiones for prosecution of vis |
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who was dictator in 81, 82 BCE? what law did he reform |
Sulla - Roman criminal law: Quaestionesperpetuae - fought war against M____, won and became dictator |
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lexCornelia de sicariis et veneficis - established relevance for? - enforced? |
relevant quaestio perpetuain 81 BCE - established a permanent court for murder - criminalized carrying weapons with the intent to kill or steal aswell as making and selling poisons |
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How were trial for quaestionesperpetuae constructed? Who could be witnesses |
- anyone could prosecute by making request to appropriate magistrate - began with a nominisdelatio, attended by both prosecutor and defendant, at which the presidentof the court would write an inscriptio. Once the prosecutor had signed the inscriptio, hecould not withdraw the case without penalty - 10+ days trial (usually outdoors in a public location) prosecution would speak first, followed by the defence, then formal presentation of evidence and witness statements. - Women, 20+ age. Slaves could provide testimony only under torture. |
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What were jurors made up of? How many jurors for question de repetundiis? question de vi? tie results in? |
made up originally ofsenators, but at various times the makeup was changed to include equestrians; The number of jurorsvaried based on court & on the current political climate; the quaestiode repetundiisusually had 75 jurors, while the quaestio de vi usually had 51 (changed sometimes); majority of jurors decided the winner, and a tie was an acquittal. |
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could you appeal quaestio perpetua? |
- no appealing verdict - time of Augustus, could appeal to empire |
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What where possible criminal penalties? |
Possible criminal penalties included infamia(disenfranchisement), interdictio aquae et igni(prohibition of water and fire, i.e. exile), relegatio(exile without loss of citizenship), multa(a fine), death by burning, crucifixion, precipitation from the TarpeianRock, drowning in a sack, damnatio in metalla(condemnation to the mines), damnatio in opus publicum(community service), and damnatio in ludos(condemnation to the schools, i.e. the arena). |
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praefectus urbi? Who recited this office and gave power to who? What were they in charge of? |
office from beginning of Rome who held imperiumwithin the city of Rome temporarily while the king, or later the consuls, wereaway from the city; Augustus revived this office and gave it to a senior senator, usually anex-consul; put the prefect in charge of the cohortesurbanae, orurban cohorts. The urban prefect, alongwith the praefectuspraetorio (thepraetorian prefect) and other prefects (notably of the vigiles,i.e. the night watch), now had the duty of keeping order in the city andextended criminal law to the lower classes |
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How were Honestiores and Humiliores punished? What were there roles? |
during the Empire, the populace was divided broadly into two classes. The honestiores: persons of status and property the humiliores: persons of low social status - were subject to certain kinds of punishment (crucifixion, torture, and corporal punishment) |
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Augustus made what new law? |
quaestio perpetua de adulteriis - Adultery here means having sex with amarried woman. Men, generally, couldhave sex with anyone who was not a free man, woman, or child in the family of acitizen, but wives could initiate divorce at any time |
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Justinian and Gaius (two authors of institute) recognized four basickinds of delict |
1. furtum(theft) 2. rapina (robbery, or theft by force) 3.damnum iniuriadatum(property damage) 4. iniuria(personal injury). |
