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HISTORY OF ROMAN
LAW
Preeti Kana Sikder
Lecturer
Department of Law & Justice
Jahangirnagar University
PEOPLE IN ANCIENT ROME
Patricians Plebeians
Slaves Clients
GRIEVANCES AGAINST
PATRICIAN GOVERNMENT
Economic Grievances
Political Grievances
Social Grievances
THE REPUBLIC
In 510 BC Monarchy was overthrown.
 The place of the King was supplied by two new
kinds of magistrates who would be elected from the
order of patricians by the comitia centuriata (in
which plebeians could vote)
CONSULS
Each of the consuls had equal authority.
Each had the power to obstruct the acts or veto the
commands of the other (right of intrcessio)
They were changed annually to prevent abuse of power.
All other magistrates (except tribunes) were subordinate
to them.
DICTATOR
He could be nominated by one of the consuls
acting under an order of the Senate.
Dictator would be appointed merely to hold an
election or to perform some ceremonial religious
acts in times of crisis or great public danger.
DICTATOR
Duration of the Dictator’s reign was
limited to six months.
During this time, his power was as
unlimited as that of the King.
OTHER MAGISTRATES
 Praetor: Appointed to exercise jurisdiction in civil causes.
 Censors: Took census every five years and superintended the
manners and morals of the people
 Aediles: Took care of public buildings, games and in charge
of internal police of the city
 Quaestors: Collectors of revenues and public prosecutors in
capital charges.
DEMONSTRATION FOR DEMAND
FOR ABOLITION OF LAW OF DEBT
494 BC: First Secession of the Plebs
 The whole armed forces of the plebs refused to
the service of state. They marched in good order to
a hill called the sacred mount where they resolved to
build a new city.
REACTION AFTER DEMAND FOR
ABOLITION OF LAW OF DEBT
Tribunes: Plebeian magistrates
• Right to Aid
• Right to Veto
• Persons of the tribunes were made
inviolable
REACTION AFTER DEMAND FOR
ABOLITION OF LAW OF DEBT
 Aediles:
• Officers elected from the plebeian order
and invested with a sacrosanct (too
valuable to interfere with) character.
• Their duties were to take care of streets,
markets and other public archives
DEMAND FOR PUBLIC
LAND
 487 BC: Consul Spurious Cassius
proposed –
• Lands acquired by the State, instead of being
sold or leased, will be alloted to needy people
• The amount of land for such distribution will
be increased by taking away from rich
Patricians
REACTION AFTER DEMAND
FOR PUBLIC LAND
 In 467 BC: A Latin Colony was founded in
Autium where number of poor Romans were
provided with lands
 In 456 BC: The tribunes pressed for passing a
law which distributed the land on Aventine Hill to
poor citizens
REACTION AFTER DEMAND
FOR WRITTEN LAWS
451 BC - Decemvirs:
• A commission was sent to the Greek cities of
Southern Italy and to Athens to study the
Grecian laws and customs
• On their return, a commission of 10
magistrates was appointed to frame a code of
law.
THE TWELVE TABLES
DEMAND FOR REMOVAL OF
MARRIAGE RESTRICTION
Third Secession of the Plebs
Lex Conuleia was passed in 445 BC.
REACTION AFTER DEMAND FOR
SHARE IN THE GOVERNMENT
Military Tribunes v Censors
• Consulship was abolished and the consular
authority was given to military tribunes.
• A new office was created with officers called
Censors. These officers could be chosen from
Patricians alone.
REACTION AFTER DEMAND FOR
SHARE IN THE GOVERNMENT
Licinian Rogation: 367 BC
• The office of military tribunes should be abolished and
consulship be revived
• One of the two consuls shall be a plebeian
• No citizen shall be allowed to hold more than 500 jugera
of the public lands and plebs should enjoy with the
patricians the right to occupy the public lands
• The interest already paid by the debtor should be
deducted from the principal and the remainder of the
principal should be repaid in three annual instalments
REACTION AFTER DEMAND
TO HOLD PRIESTLY OFFICE
Lex Ogulnia: 300 BC
• Plebs were authorized to become pontiffs and
augurs
• Number of priestly offices was increased
DEMAND TO RECOGNIZE
PLEBISCITA AS LAWS
Plebiscita (Resolution of the concilium plebis)
• Fourth Secession of the Plebs
• Lex Hortensia: 287 BC was passed to recognize the
plebiscite as laws
• Resolution of concilium plebis shall be of the same
efficacy as those of comitia centuriata, and be binding
upon plebeians and patricians alike

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Background of Roman Legal Principles: History of Roman Law and its People

  • 1. HISTORY OF ROMAN LAW Preeti Kana Sikder Lecturer Department of Law & Justice Jahangirnagar University
  • 2. PEOPLE IN ANCIENT ROME Patricians Plebeians Slaves Clients
  • 3. GRIEVANCES AGAINST PATRICIAN GOVERNMENT Economic Grievances Political Grievances Social Grievances
  • 4. THE REPUBLIC In 510 BC Monarchy was overthrown.  The place of the King was supplied by two new kinds of magistrates who would be elected from the order of patricians by the comitia centuriata (in which plebeians could vote)
  • 5. CONSULS Each of the consuls had equal authority. Each had the power to obstruct the acts or veto the commands of the other (right of intrcessio) They were changed annually to prevent abuse of power. All other magistrates (except tribunes) were subordinate to them.
  • 6. DICTATOR He could be nominated by one of the consuls acting under an order of the Senate. Dictator would be appointed merely to hold an election or to perform some ceremonial religious acts in times of crisis or great public danger.
  • 7. DICTATOR Duration of the Dictator’s reign was limited to six months. During this time, his power was as unlimited as that of the King.
  • 8. OTHER MAGISTRATES  Praetor: Appointed to exercise jurisdiction in civil causes.  Censors: Took census every five years and superintended the manners and morals of the people  Aediles: Took care of public buildings, games and in charge of internal police of the city  Quaestors: Collectors of revenues and public prosecutors in capital charges.
  • 9. DEMONSTRATION FOR DEMAND FOR ABOLITION OF LAW OF DEBT 494 BC: First Secession of the Plebs  The whole armed forces of the plebs refused to the service of state. They marched in good order to a hill called the sacred mount where they resolved to build a new city.
  • 10. REACTION AFTER DEMAND FOR ABOLITION OF LAW OF DEBT Tribunes: Plebeian magistrates • Right to Aid • Right to Veto • Persons of the tribunes were made inviolable
  • 11. REACTION AFTER DEMAND FOR ABOLITION OF LAW OF DEBT  Aediles: • Officers elected from the plebeian order and invested with a sacrosanct (too valuable to interfere with) character. • Their duties were to take care of streets, markets and other public archives
  • 12. DEMAND FOR PUBLIC LAND  487 BC: Consul Spurious Cassius proposed – • Lands acquired by the State, instead of being sold or leased, will be alloted to needy people • The amount of land for such distribution will be increased by taking away from rich Patricians
  • 13. REACTION AFTER DEMAND FOR PUBLIC LAND  In 467 BC: A Latin Colony was founded in Autium where number of poor Romans were provided with lands  In 456 BC: The tribunes pressed for passing a law which distributed the land on Aventine Hill to poor citizens
  • 14. REACTION AFTER DEMAND FOR WRITTEN LAWS 451 BC - Decemvirs: • A commission was sent to the Greek cities of Southern Italy and to Athens to study the Grecian laws and customs • On their return, a commission of 10 magistrates was appointed to frame a code of law.
  • 16.
  • 17. DEMAND FOR REMOVAL OF MARRIAGE RESTRICTION Third Secession of the Plebs Lex Conuleia was passed in 445 BC.
  • 18. REACTION AFTER DEMAND FOR SHARE IN THE GOVERNMENT Military Tribunes v Censors • Consulship was abolished and the consular authority was given to military tribunes. • A new office was created with officers called Censors. These officers could be chosen from Patricians alone.
  • 19. REACTION AFTER DEMAND FOR SHARE IN THE GOVERNMENT Licinian Rogation: 367 BC • The office of military tribunes should be abolished and consulship be revived • One of the two consuls shall be a plebeian • No citizen shall be allowed to hold more than 500 jugera of the public lands and plebs should enjoy with the patricians the right to occupy the public lands • The interest already paid by the debtor should be deducted from the principal and the remainder of the principal should be repaid in three annual instalments
  • 20. REACTION AFTER DEMAND TO HOLD PRIESTLY OFFICE Lex Ogulnia: 300 BC • Plebs were authorized to become pontiffs and augurs • Number of priestly offices was increased
  • 21. DEMAND TO RECOGNIZE PLEBISCITA AS LAWS Plebiscita (Resolution of the concilium plebis) • Fourth Secession of the Plebs • Lex Hortensia: 287 BC was passed to recognize the plebiscite as laws • Resolution of concilium plebis shall be of the same efficacy as those of comitia centuriata, and be binding upon plebeians and patricians alike