Samenvatting Europees Rechtsgeschiedenis
Part I
Ancient Roman Law
11. The origins of Rome take root in the legend of Remus and Romulus, progeny of Aneas- the Greek
hero who managed to escape the siege of Troy. The fact that the Romans trace their roots back to a
Greek hero is telling; the Romans admired the Greek civilization. However, their admiration was that
of a conqueror and master. They did not adopt the Greek culture but confiscated it as a conqueror
takes the spoils of war. Moreover, they did not adopt their cultural in literal meaning of the word but
adapted it to their liking, from it shaping their own- one that would last for one and a millennium and
a half.
12. In the field of warfare and law Romans contributed the most. Romans law was without doubt the
most sophisticated and highly developed legal system from Antiquity.
13. Legends aside, the Romans true origin stems from two Indo-European tribes: the Latines and the
Sabines who had settled in Latium. On the hills of Latium Rome was to be built. Whether the
construction of Rome was rationally planned (and so you could say that Rome was truly “founded”)
or whether the city gradually grew from Latinian and Sabinian settlements is up to debate. Around
seventh century BC Rome had become a walled town with stone-built public building and had
reached a kind of political unification; it became much like a city-state.
The Etruscans were a tribe of different origin than Latines and Sabines. They hills occupied by the
“Romans” were of strategic value to them as they laid in the middle of the north-south trade route
near the Appenine mountains. Historians assume that the Romans purposefully built their city in the
middle of the trade route to control it. Whatever the case, the Etruscans were greatly involved in the
development of Rome. The last three Roman kings were of Etruscan origin and it is believed they
were the only kings who fulfilled the role of a true ruler (the previous one could be compared to
nothing more than tribal leaders). The Etruscan kings amassed great political, legal and military
power and ruled in a tyrannical manner. Thus the revolution of 509 BC came to be and the period of
monarchy had ended. The Republic was established.
The Early Republic (509-264 BC)
14. Gentes were the many Latin and Sabine clans. At the head of a gente stood the pater familias.
There was a high degree of equality between the gentes. Within them all property was collective.
During the ninth century BC patres familias began to form a higher class, the patricians (medieval
royalty). They put an end to collective property and claimed a great share of the wealth for
themselves. The poor ones left out were called plebeians.
15. The last Roman king, Tarquinius Superbus, killed in the coup of 509 BC, supported the plebeians.
His death exposed the poor to the greedy rule of the patricians. The patricians controlled the most
important institutions of the State (after 509 BC Rome became a State): the Senate and the
magistrature. The patricians and plebeians were in great conflict. To ease that conflict in 451 BC the
,plebeians could form their own assembly (concilium plebis) and create laws that would apply only to
them (plebiscita).
In 471 BC the ius civile was written down in the Twelve Tables. This means that the ancient laws and
customs passed down from generation to generation (mos maiorum) were now written down. There
was no need for priests to explain them and the priesthood had lost its power over the law.
The plebeian tributes represented “the poor class” and in time gained their place in the highest
institution of the magistrate- the consulate. In 287 BC the lex Hortensia determined that the
plebiscita (laws that applied to plebeians only) now apply to patricians as well. This allowed the
plebeians to push laws through that were against the will of the Senate and the ruling class, the
patricians.
16. The members of the Roman consulate came mostly from the 26 richest families in Rome, both
plebeian and patrician. The senatorial order consisted of several hundred families. They controlled
the Senate, the magistrature and even the popular assemblies. The Roman system was nothing short
of an oligarchy.
17. In 493 BC the young Roman Republic made a treaty with the neighboring Latin towns- the
Cassian Treaty. The Republic had many enemies and fought countless wars to remain dominant. The
conquered tribes were granted a Roman citizenship, however without Latin rights and the right to
vote (unlike the towns under the Cassian Treaty). They also had to surrender their right over foreign
policy but were allowed to govern themselves internally as they used to.
The conquest of the Mediterranean (264-27 BC)
19. Due to Rome’s superior skill in warfare it had managed to subdue Italy, Carthage, Greece,
Macedonia, Egypt, the East and the Germanic North (Belgium and Netherlands).
20. Before the coup in 509 BC the king enjoyed superior power within Rome. After that his military
and administrative power belonged to the magistrate. His religious power was taken over by the
priests (who had no power over the mos maiorum after the ius civile was written down).
Aristotle distinguished three types of government: 1. Monarchy- one person holds all the power; 2.
Aristocracy- rule of a small group; 3. Democracy- the rule of the people. Cicero stated that the
Roman empire was a hybrid of the three: 1. Monarchy- formed by senior magistrates; 2. Aristocracy-
represented by the Senate; 3. Democracy- embodied by the popular assemblies (comitia). In reality
the Senate dominated the daily affairs.
21. The popular assemblies (comitia) were gathering of all Roman male, adult citizens. They were
convened by the magistrate.The consuls’ legislative proposals were put to vote in the highest of the
comitia, the comitia centuriata. The poorest class had little to say in those gathering, which is one of
the reasons that the aforementioned concilium plebis arose.
22. During the Regal Period the Senate was a place of debate between the clan leaders and the king.
During the Republic it played a leading role in the day-to-day activities. The Senate consisted entirely
of former magistrates. Anyone from a wealthy family who was a magistrate could put himself up for
an election and become a senator.
, 23. The magistrates were annually elected officials. As the Republic evolved more offices were added
to the magistrate and their administrative, military and juridical power grew. In 180 BC the lex Villa
Annalis established a set of rules on how to reach the highest seat in the magistrate- the consulate, a
minimum age requirement for each office and a two-year interval between holding the same office
by one man. The principle of collegiality required multiple men to hold one office to prevent one
man from amassing too much power. The magistrate had political immunity while they held their
office but could be prosecuted after their abdication. The prosecution of former magistrates was
the order of the day.
Offices in order of the rank lowest to highest: 1. Quaestor- assistants of praetors and consuls,
supervising financial affairs; 2. Aedile- responsible for public domains as commerce, festivities or
public infrastructure; 3. Praetor- junior colleagues of consuls. Urban praetors were responsible for
dispensation of civil law, peregrine praetor for foreign matters, others for special courts; 4. Consul-
every year two consuls were elected. They alternated between supreme military command and
presidium over the Senate and the comitia; 5. Censor- most prestigious office reserved traditionally
for former consuls. They upheld the mos maiorum and awarded public works.
24. The Senate had a strict hierarchy. During the comitia few were allowed to speak. Most respected
were the ex-consuls (consulares) which upheld continuity in Roman policy. The consulares two
dimensions of power and authority were the personal authority and personal dignity.
25. Pontifical colleges were also of great political relevance. Their leader was the pontifex maximus
with his official diviners of gods’ will- the augures. Initially they distributed justice but that task had
been taken over by the praetors and aediles. Only religious authority remained to them. The priests
were however popular and had great public authority as they resided over most public festivities.
26. Roman Empire consisted mostly of farmer and warriors. Most farms were in the hands of few
wealthy families. Slavery and slave trade played also a major role in trade, mining and industry. As
the proletariat (citizens with no possesions) increased Rome faced pauperization. Social tensions in
the Empire were increasing as restriction of the power of the Senate came in demand.
27. During second century BC the equestrian order arose out of the plebeian ranks. Gradually they
became a separate middle class. Gradually they became an economical elite and kept close ties with
the political elite, the patricians.
28. The Republic constitution was no geared to suit an empire but a medium-sized city-state. The
defense and control over the empire was left to magistrates/military commanders who in time
amassed enough power to establish a new autocratic regime.
Gaius Marius managed to implement proletariat into the army and in short time won the loyalty of
his soldiers. The lands conquered by Rome had little to no obligations vis-à-vis Rome making it easy
for the commanders to win their loyalty over that to the empire. In time the Senate lost its grip over
the empire.
The Age of Revolution at the end of the Republic
Part I
Ancient Roman Law
11. The origins of Rome take root in the legend of Remus and Romulus, progeny of Aneas- the Greek
hero who managed to escape the siege of Troy. The fact that the Romans trace their roots back to a
Greek hero is telling; the Romans admired the Greek civilization. However, their admiration was that
of a conqueror and master. They did not adopt the Greek culture but confiscated it as a conqueror
takes the spoils of war. Moreover, they did not adopt their cultural in literal meaning of the word but
adapted it to their liking, from it shaping their own- one that would last for one and a millennium and
a half.
12. In the field of warfare and law Romans contributed the most. Romans law was without doubt the
most sophisticated and highly developed legal system from Antiquity.
13. Legends aside, the Romans true origin stems from two Indo-European tribes: the Latines and the
Sabines who had settled in Latium. On the hills of Latium Rome was to be built. Whether the
construction of Rome was rationally planned (and so you could say that Rome was truly “founded”)
or whether the city gradually grew from Latinian and Sabinian settlements is up to debate. Around
seventh century BC Rome had become a walled town with stone-built public building and had
reached a kind of political unification; it became much like a city-state.
The Etruscans were a tribe of different origin than Latines and Sabines. They hills occupied by the
“Romans” were of strategic value to them as they laid in the middle of the north-south trade route
near the Appenine mountains. Historians assume that the Romans purposefully built their city in the
middle of the trade route to control it. Whatever the case, the Etruscans were greatly involved in the
development of Rome. The last three Roman kings were of Etruscan origin and it is believed they
were the only kings who fulfilled the role of a true ruler (the previous one could be compared to
nothing more than tribal leaders). The Etruscan kings amassed great political, legal and military
power and ruled in a tyrannical manner. Thus the revolution of 509 BC came to be and the period of
monarchy had ended. The Republic was established.
The Early Republic (509-264 BC)
14. Gentes were the many Latin and Sabine clans. At the head of a gente stood the pater familias.
There was a high degree of equality between the gentes. Within them all property was collective.
During the ninth century BC patres familias began to form a higher class, the patricians (medieval
royalty). They put an end to collective property and claimed a great share of the wealth for
themselves. The poor ones left out were called plebeians.
15. The last Roman king, Tarquinius Superbus, killed in the coup of 509 BC, supported the plebeians.
His death exposed the poor to the greedy rule of the patricians. The patricians controlled the most
important institutions of the State (after 509 BC Rome became a State): the Senate and the
magistrature. The patricians and plebeians were in great conflict. To ease that conflict in 451 BC the
,plebeians could form their own assembly (concilium plebis) and create laws that would apply only to
them (plebiscita).
In 471 BC the ius civile was written down in the Twelve Tables. This means that the ancient laws and
customs passed down from generation to generation (mos maiorum) were now written down. There
was no need for priests to explain them and the priesthood had lost its power over the law.
The plebeian tributes represented “the poor class” and in time gained their place in the highest
institution of the magistrate- the consulate. In 287 BC the lex Hortensia determined that the
plebiscita (laws that applied to plebeians only) now apply to patricians as well. This allowed the
plebeians to push laws through that were against the will of the Senate and the ruling class, the
patricians.
16. The members of the Roman consulate came mostly from the 26 richest families in Rome, both
plebeian and patrician. The senatorial order consisted of several hundred families. They controlled
the Senate, the magistrature and even the popular assemblies. The Roman system was nothing short
of an oligarchy.
17. In 493 BC the young Roman Republic made a treaty with the neighboring Latin towns- the
Cassian Treaty. The Republic had many enemies and fought countless wars to remain dominant. The
conquered tribes were granted a Roman citizenship, however without Latin rights and the right to
vote (unlike the towns under the Cassian Treaty). They also had to surrender their right over foreign
policy but were allowed to govern themselves internally as they used to.
The conquest of the Mediterranean (264-27 BC)
19. Due to Rome’s superior skill in warfare it had managed to subdue Italy, Carthage, Greece,
Macedonia, Egypt, the East and the Germanic North (Belgium and Netherlands).
20. Before the coup in 509 BC the king enjoyed superior power within Rome. After that his military
and administrative power belonged to the magistrate. His religious power was taken over by the
priests (who had no power over the mos maiorum after the ius civile was written down).
Aristotle distinguished three types of government: 1. Monarchy- one person holds all the power; 2.
Aristocracy- rule of a small group; 3. Democracy- the rule of the people. Cicero stated that the
Roman empire was a hybrid of the three: 1. Monarchy- formed by senior magistrates; 2. Aristocracy-
represented by the Senate; 3. Democracy- embodied by the popular assemblies (comitia). In reality
the Senate dominated the daily affairs.
21. The popular assemblies (comitia) were gathering of all Roman male, adult citizens. They were
convened by the magistrate.The consuls’ legislative proposals were put to vote in the highest of the
comitia, the comitia centuriata. The poorest class had little to say in those gathering, which is one of
the reasons that the aforementioned concilium plebis arose.
22. During the Regal Period the Senate was a place of debate between the clan leaders and the king.
During the Republic it played a leading role in the day-to-day activities. The Senate consisted entirely
of former magistrates. Anyone from a wealthy family who was a magistrate could put himself up for
an election and become a senator.
, 23. The magistrates were annually elected officials. As the Republic evolved more offices were added
to the magistrate and their administrative, military and juridical power grew. In 180 BC the lex Villa
Annalis established a set of rules on how to reach the highest seat in the magistrate- the consulate, a
minimum age requirement for each office and a two-year interval between holding the same office
by one man. The principle of collegiality required multiple men to hold one office to prevent one
man from amassing too much power. The magistrate had political immunity while they held their
office but could be prosecuted after their abdication. The prosecution of former magistrates was
the order of the day.
Offices in order of the rank lowest to highest: 1. Quaestor- assistants of praetors and consuls,
supervising financial affairs; 2. Aedile- responsible for public domains as commerce, festivities or
public infrastructure; 3. Praetor- junior colleagues of consuls. Urban praetors were responsible for
dispensation of civil law, peregrine praetor for foreign matters, others for special courts; 4. Consul-
every year two consuls were elected. They alternated between supreme military command and
presidium over the Senate and the comitia; 5. Censor- most prestigious office reserved traditionally
for former consuls. They upheld the mos maiorum and awarded public works.
24. The Senate had a strict hierarchy. During the comitia few were allowed to speak. Most respected
were the ex-consuls (consulares) which upheld continuity in Roman policy. The consulares two
dimensions of power and authority were the personal authority and personal dignity.
25. Pontifical colleges were also of great political relevance. Their leader was the pontifex maximus
with his official diviners of gods’ will- the augures. Initially they distributed justice but that task had
been taken over by the praetors and aediles. Only religious authority remained to them. The priests
were however popular and had great public authority as they resided over most public festivities.
26. Roman Empire consisted mostly of farmer and warriors. Most farms were in the hands of few
wealthy families. Slavery and slave trade played also a major role in trade, mining and industry. As
the proletariat (citizens with no possesions) increased Rome faced pauperization. Social tensions in
the Empire were increasing as restriction of the power of the Senate came in demand.
27. During second century BC the equestrian order arose out of the plebeian ranks. Gradually they
became a separate middle class. Gradually they became an economical elite and kept close ties with
the political elite, the patricians.
28. The Republic constitution was no geared to suit an empire but a medium-sized city-state. The
defense and control over the empire was left to magistrates/military commanders who in time
amassed enough power to establish a new autocratic regime.
Gaius Marius managed to implement proletariat into the army and in short time won the loyalty of
his soldiers. The lands conquered by Rome had little to no obligations vis-à-vis Rome making it easy
for the commanders to win their loyalty over that to the empire. In time the Senate lost its grip over
the empire.
The Age of Revolution at the end of the Republic
