Civil Law Master Document
Civil Law Topic One: Roman History
The Monarchy: 753 BC – 509 BC
Historical overview
Many traditional Roman customs, beliefs, and values were attributed to Romulus, Rome’s
founder.
The territory of the Roman kingdom was relatively small (60-400 square miles).
Roman society was largely confined to subsistence farming and related trades.
The Roman social groupings:
1. Familia (household)
2. Gens (Clan) – several Familias with a common male ancestor
3. The three Roman tribes resided in different wards (curiae) of the city
4. The various clans were also associated with wards.
5. A patrician: descended from one of the ‘fathers’ of Rome
6. A plebeian: one of the common people of Rome
The philosophy of law largely borrowed from the Greeks; a practical not philosophical
approach to law.
Civitas was Roman citizenship.
Elements of Roman royal government
1. King: exercised a range of powers as war leader, law-maker, supreme judge, and chief
priest
2. The Senate: a council of elders (patricians) who advised the king and nominated his
successor
3. The popular assembly (the Comitia curiata – Assembly of the Wards): elected the king,
validated royal decisions and together with the Senate chose the next king
The Republic: 509 BC – 27 BC
,Historical overview
The 7th Roman King, Romulus, was overthrown.
Internal feature:
Conflict between the Orders (494 BC – 287 BC) resulted in the extension of political power
to plebeians.
External feature:
The expansion of Roman territory across Italy (496 BC – 280 BC) and then beyond Italy (280
BC – 146 BC). This required Romans to consider how to deal with resident non-Roman
populations that had come under Roman control.
Categories of people living in Italy:
1. Roman citizens
2. Latins (groups with some of the legal privileges of citizens)
3. Peregrines (foreigners)
Citizenship was not extended across Italy until very late in the Republican period.
Peregrine communities living in Roman provinces (i.e. territories outside Italy controlled by
Rome) were supervised by Roman governors, but were allowed greater or lesser authority
to regulate their own affairs. With a few exceptions, citizenship was not extended outside
Italy.
The older patrician/plebeian distinction gave way to distinctions based on actual wealth,
power, and influence, so inequality arose for different reasons. The significant physical
growth of Roman territory created new burdens on the state and offered new economic
opportunities. Exposure to new cultures expanded Roman perspectives with respect to art,
philosophy, trade and manufacturing techniques, and law.
Law was initially a set of unwritten customs, passed on orally between generations.
Ius civile was applicable only for those claiming to be Roman citizens.
Transformation of the elements of government
1. A group of elected magistrates exercised some of the old ‘kingly’ powers – they had
imperium (kingly authority); magistrates wanting to propose something would need Senate
approval
,2. Two Consuls were joint heads of state; as other magistrates were created the practical
powers of the consuls were reduced; they were not responsible for religious matters, had
the right to veto each other and were supposed to consult each other
3. The praetor (office created 367 BC) assumed responsibility for overseeing legal disputes
between citizens
4. Quaestors were responsible for financial matters and aided with criminal jurisdiction
5. Censors were first appointed to relieve consuls of their duty of compiling a census
Impact of Roman territorial expansion:
1. A ‘Peregrine’ praetor (office created 242 BCE) assumed responsibility for overseeing legal
disputes involving at least one foreigner
2. After creation of this office, the magistrate overseeing disputes between Roman citizens
was called the Urban Praetor
3. The Aediles exercised ‘care of the city’; this included supervision of the roads and the
marketplace, and the conduct of the games
4. A ‘pro-magistrate’ could be created by extending a senior magistrate’s authority beyond
the limit of his elected term (so, at the end of his term as praetor, a man could become pro-
praetor); such former magistrates tended to be appointed provincial governors or military
commanders
Impact of the Conflict of the Orders:
1. Plebeians were allowed plebeian magistrates, the tribunes, in 494BC
2. In 367BC, one of the two consuls had to be plebeian
3. Eventually, having been restricted to patricians, the senior magistracies became
accessible to plebeians
4. The posts that had been created to deal with plebeian matters became more powerful
and generally relevant to all Roman citizens
5. Until 287 BC the Plebeian Assembly could only enact legislation, plebescita, affecting
plebeian citizens; after that date it could enact legislation affecting all citizens
6. Twelve Tables published 451-450BC, in response to the suggestion that the consuls were
administering law in an arbitrary way
, 7. Soon after the Twelve Tables were published, it was decided that plebiscite would bind all
Roman citizens, although Patrician ratification was needed; this was removed by the lex
Hortensia in 287BC, where plebeians became the real power bloc in the State
The Senate:
The ‘royal’ Senate of patrician elders gave way to the ‘republican’ Senate of practical men of
affairs capable of advising the magistrates.
The Senate’s importance sprang from the collective wisdom of its members and its ability to
make its voice heard on important matters.
The result was that magistrates often wished to have the advice of the Senate, and if they
tried to act without having consulted the Senate their actions might be blocked or
obstructed.
Senate had no legislative power; it was an advisory council.
Senate could invalidate laws.
Three popular assemblies:
1. These succeeded the old Assembly of the Wards
2. They elected the magistrates and could either approve or reject legislative proposals
presented to them by a magistrate
3. They could not initiate legislation or amend proposals that were put to them
4. The Assembly of the Hundreds (Comitia centuriata) was a military organisation which
elected the senior magistrates; it could enact legislation affecting all citizens, but had a
minor role in legislation, mainly conferring power on superior magistrates
5. Centuria was a company of 100 soldiers
6. The Assembly of the Tribes (Comitia tributa) elected the junior magistrates; it could enact
legislation affecting all citizens, predominantly handling routine legislation and also electing
lesser magistrates
7. The Assembly of the Plebeians (Consilium plebis) elected the plebeian magistrates; after
287BC, the Assembly could enact legislation affecting all citizens; it became the dominant
assembly since tribunes had more time than the consuls who were engaged in military
duties
8. Assemblies could not initiate legislation; they met to debate on proposals from the
Senate
Civil Law Topic One: Roman History
The Monarchy: 753 BC – 509 BC
Historical overview
Many traditional Roman customs, beliefs, and values were attributed to Romulus, Rome’s
founder.
The territory of the Roman kingdom was relatively small (60-400 square miles).
Roman society was largely confined to subsistence farming and related trades.
The Roman social groupings:
1. Familia (household)
2. Gens (Clan) – several Familias with a common male ancestor
3. The three Roman tribes resided in different wards (curiae) of the city
4. The various clans were also associated with wards.
5. A patrician: descended from one of the ‘fathers’ of Rome
6. A plebeian: one of the common people of Rome
The philosophy of law largely borrowed from the Greeks; a practical not philosophical
approach to law.
Civitas was Roman citizenship.
Elements of Roman royal government
1. King: exercised a range of powers as war leader, law-maker, supreme judge, and chief
priest
2. The Senate: a council of elders (patricians) who advised the king and nominated his
successor
3. The popular assembly (the Comitia curiata – Assembly of the Wards): elected the king,
validated royal decisions and together with the Senate chose the next king
The Republic: 509 BC – 27 BC
,Historical overview
The 7th Roman King, Romulus, was overthrown.
Internal feature:
Conflict between the Orders (494 BC – 287 BC) resulted in the extension of political power
to plebeians.
External feature:
The expansion of Roman territory across Italy (496 BC – 280 BC) and then beyond Italy (280
BC – 146 BC). This required Romans to consider how to deal with resident non-Roman
populations that had come under Roman control.
Categories of people living in Italy:
1. Roman citizens
2. Latins (groups with some of the legal privileges of citizens)
3. Peregrines (foreigners)
Citizenship was not extended across Italy until very late in the Republican period.
Peregrine communities living in Roman provinces (i.e. territories outside Italy controlled by
Rome) were supervised by Roman governors, but were allowed greater or lesser authority
to regulate their own affairs. With a few exceptions, citizenship was not extended outside
Italy.
The older patrician/plebeian distinction gave way to distinctions based on actual wealth,
power, and influence, so inequality arose for different reasons. The significant physical
growth of Roman territory created new burdens on the state and offered new economic
opportunities. Exposure to new cultures expanded Roman perspectives with respect to art,
philosophy, trade and manufacturing techniques, and law.
Law was initially a set of unwritten customs, passed on orally between generations.
Ius civile was applicable only for those claiming to be Roman citizens.
Transformation of the elements of government
1. A group of elected magistrates exercised some of the old ‘kingly’ powers – they had
imperium (kingly authority); magistrates wanting to propose something would need Senate
approval
,2. Two Consuls were joint heads of state; as other magistrates were created the practical
powers of the consuls were reduced; they were not responsible for religious matters, had
the right to veto each other and were supposed to consult each other
3. The praetor (office created 367 BC) assumed responsibility for overseeing legal disputes
between citizens
4. Quaestors were responsible for financial matters and aided with criminal jurisdiction
5. Censors were first appointed to relieve consuls of their duty of compiling a census
Impact of Roman territorial expansion:
1. A ‘Peregrine’ praetor (office created 242 BCE) assumed responsibility for overseeing legal
disputes involving at least one foreigner
2. After creation of this office, the magistrate overseeing disputes between Roman citizens
was called the Urban Praetor
3. The Aediles exercised ‘care of the city’; this included supervision of the roads and the
marketplace, and the conduct of the games
4. A ‘pro-magistrate’ could be created by extending a senior magistrate’s authority beyond
the limit of his elected term (so, at the end of his term as praetor, a man could become pro-
praetor); such former magistrates tended to be appointed provincial governors or military
commanders
Impact of the Conflict of the Orders:
1. Plebeians were allowed plebeian magistrates, the tribunes, in 494BC
2. In 367BC, one of the two consuls had to be plebeian
3. Eventually, having been restricted to patricians, the senior magistracies became
accessible to plebeians
4. The posts that had been created to deal with plebeian matters became more powerful
and generally relevant to all Roman citizens
5. Until 287 BC the Plebeian Assembly could only enact legislation, plebescita, affecting
plebeian citizens; after that date it could enact legislation affecting all citizens
6. Twelve Tables published 451-450BC, in response to the suggestion that the consuls were
administering law in an arbitrary way
, 7. Soon after the Twelve Tables were published, it was decided that plebiscite would bind all
Roman citizens, although Patrician ratification was needed; this was removed by the lex
Hortensia in 287BC, where plebeians became the real power bloc in the State
The Senate:
The ‘royal’ Senate of patrician elders gave way to the ‘republican’ Senate of practical men of
affairs capable of advising the magistrates.
The Senate’s importance sprang from the collective wisdom of its members and its ability to
make its voice heard on important matters.
The result was that magistrates often wished to have the advice of the Senate, and if they
tried to act without having consulted the Senate their actions might be blocked or
obstructed.
Senate had no legislative power; it was an advisory council.
Senate could invalidate laws.
Three popular assemblies:
1. These succeeded the old Assembly of the Wards
2. They elected the magistrates and could either approve or reject legislative proposals
presented to them by a magistrate
3. They could not initiate legislation or amend proposals that were put to them
4. The Assembly of the Hundreds (Comitia centuriata) was a military organisation which
elected the senior magistrates; it could enact legislation affecting all citizens, but had a
minor role in legislation, mainly conferring power on superior magistrates
5. Centuria was a company of 100 soldiers
6. The Assembly of the Tribes (Comitia tributa) elected the junior magistrates; it could enact
legislation affecting all citizens, predominantly handling routine legislation and also electing
lesser magistrates
7. The Assembly of the Plebeians (Consilium plebis) elected the plebeian magistrates; after
287BC, the Assembly could enact legislation affecting all citizens; it became the dominant
assembly since tribunes had more time than the consuls who were engaged in military
duties
8. Assemblies could not initiate legislation; they met to debate on proposals from the
Senate
