CLASSICS 2LW3 Study Guide - Midterm Guide: Stipulatio, Decemviri, Social Forces
28 Jun 2018
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ARCHAIC ROMAN LAW
Life in Early Rome
Basic social unit was the familia headed by a male head paterfamilias with "power of the father" pater
postestas
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Ancestral customs mos maiorum were time-honoured religious principles and behavioural models
affecting private, political, and military life
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Revolution nova was considered a negative thing, compared to Greek stasis
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Early social governance by customary, unwritten, religious norms following Roman traditionalism
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Little distinction between divine and human law, so pontiffs had both religious and judicial
authority
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Important to keep "through right and wrong" per fas et nefas with the gods ensuring favour with
Roman community
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As custodians of the law of the gods ius divinum, pontifices had authority to punish violations of religio
religious norms
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War would be declared if demands were not met within 33 days, with fetials throwing a
javelin dipped in blood into foreign territory
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Act of declaring war rerum repetitio included requests for restitution or reparations pater patratus
involved wearing special headbands while announcing Roman demands using prescribed phrases
at enemy frontiers, upon entering enemy gates, and upon entering foreign forums
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Fetiales were priests responsible for keeping Rome in the eyes of God, especially with respect to war as
they always favoured aggrieved parties and never aggressors - fetiales made sure Rome was never "in the
wrong"
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Rome had an agricultural economy characterized by small-time, freeholder farmers, but dominated by an
aristocracy of wealthy landowners who claimed descent from Romulus and Remus.
Must be convened by a magistrate with "the right of consulting the people" ius agendi cum
populo
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Proposed for enactment rogare legem bills previously debated in contiones by the senate
and citizens
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Met outside city's religious boundaries pomerium in the Campus Martius
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Unbalanced voting system completely in favour of the wealthiest Romans, ranked by asses
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Centuriate (military) assembly comitia centuriata
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Originally organized into 30 units, the people of Rome sought to form a legislative, electoral,
and judicial body - the curiate assembly passed laws, elected Consuls, and tried judicial
cases
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Curiate assembly comitia curiata, the principal assembly of the people of Rome
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Plebeian council concilium plebis, a popular legislative assembly of commoners
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Proposals had to be voted on and passed by a competent legislative body to become formal enacted laws
leges; the three legislative bodies were:
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Legislation
Voting by Centuries
Equites were the centuries with horses, and therefore, the greatest wealth
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Then came 5 classes, then 4 centuries of artisans/musicians voting with the first, second, or fourth class,
and one unarmed century of the capite censi and the proletarii
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97 centuries made a majority, and it took only the first two classes to make it
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All Romans were divided into classes based on wealth, and therefore, military role. There were a total of 193
centuries:
THE XII TABLES
Democratic and Aristocratic Ideology
Athens
Rome
Jurors participated in legal sphere, but no
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Democratic commitment to equality under the law
isonomia
Jurists specialized in the use of the law
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Aristocratic society where poor deferred to rich in politics and
law
Archaic Roman Law
November 9, 2017
3:48 PM
Ancient Law Page 1
