http://avalon.law.yale.edu/ancient/acilian_law.asp
Purpose of the Document: The main reason for this law was due to increasing extortion in provinces. Provincial governors in Rome often tried to make money for their previous terms in office (which were unpaid ) by forcing high taxes. According to Cicero, this was the first law dealing with this concern. Newer laws would go on to make penalties heavier.
Definitions Learned:
Ancilian - refers to consul Lex Acilia de intercalando, responsible for establishing laws in ancient Rome in 191 BC.
Sestertius, or Sesterce, (pl. sestertii) was an ancient Roman coin. During the Roman Republic it was a small, silver coin issued only on rare occasions. During the Roman Empire it was a large brass coin.
Praetor, a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army (in the field or, less often, before the army had been mustered); or, an elected magistratus (magistrate), assigned various duties (which varied at different periods in Rome's history).
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms.
Calpurnian Law - refers to Lex Calpurnia, a law established in 149 BC by Tribune Lucius Calpurnius Piso. According to this law, a permanent court with a praetor who observed provincial governors has been established.
Junian Law - refers to Lex Junia (probably 126 BC). Also it is the first case of a permanent court established.
Interesting Points about this Document:
- Interesting how apportionment had to published for the public view (As described in #38). Looks like the Obama Administration did not invent the idea of transparency for government.
- Interesting how a Judices is protected to serve throughout a single case.
- Plaintiffs, to the best of his ability, were given as many days as they deemed necessary for conducting a search for evidence, provided that nothing is done contrary to this law.
- Interesting that the judices had to take the oath on the front of the Rostra facing toward the Forum. What was the meaning of this?
- Interesting how the idea of Double Jeopardy dates back to this time: 31) THE SAME CASE NOT TO BE TRIED TWICE. There shall be no second action under this law against a person who is condemned or is acquitted in accordance with this law, except as regards some later act or some act of collusion or as regards the assessment of damages or of penalties specified in this law ...
- Interesting how judices can be fined for not providing a verdict. But does this mean there are multiple verdicts? "The praetor who presides over the court in accordance with this law ... if the judex selected for this purpose reports that more than one third of the judices present when the case is tried have said that the case is not proved under consideration, the praetor having jurisdiction over the proceedings in accordance with this law shall announce this publicly and shall grant another date for trying this case anew ... and shall order all the judices present on that day to give their verdict ... if it is reported to that praetor that more than one third of the judices refuse to give a verdict, he shall pronounce a fine of 10,000 sesterces against each judex who refuses to give a verdict ... for each occasion exceeding twice in a single case that they refuse to give their verdict.
- Interesting how the property of someone condemned was to be sold for as much money as was possible. But what would become of this money? 32) FURNISHING SURETIES or Seizure of Property. The judex having jurisdiction over the proceedings in the said matter shall provide that the person condemned in accordance with this law shall give sureties to the quaestor according to the vote of the majority of his advisory council for the amount specified by them; if sureties are not given in this manner, he shall provide that the condemned man's goods shall be publicly seized, collected, and sold. The judex having jurisdiction over the proceedings in the said matter shall collect from the buyer as much money as these goods bring ... and shall deliver this money to the quaestor with a record of the amount; the quaestor shall receive it and shall have it recorded in the public archives.
- Interesting how one type of specific path to citizenship was outlined: 48) THE GRANT OF CITIZENSHIP. If anyone of the aforesaid persons who is not a Roman citizen reports the name of another person as an offender in accordance with this law ... before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned by the said court by the terms of this law, then the person who reports his name and by whose efforts the condemnation was primarily effected ... shall be made a Roman citizen, if he wishes, himself and his children, who are born to him when he becomes a Roman citizen in accordance with this law, and the grandsons then born to said son shall be full Roman citizens; and they shall vote in that tribe in which the person accused in accordance with this law voted, and they shall be registered by the censor in that tribe, and they shall be exempt from military service, and all the money and pay earned by them they shall receive. It is not the intent of this law ... to prevent any magistrate or promagistrate ...
- Very interesting how #6 breaks down the restrictions on being Senator. "THE SELECTION of the 450 Men for This Year. The peregrine praetor within the next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knight's census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in the Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas."
- What is the deal with September 1st as a cut-off date?
- People with power were protected from being summoned to court?
- What exactly is number #4 restricting? There is mention about restrictions to the Senate, but other than that, I don't know what the focus is here?
- What is exactly is being said about the granting and rejection of Patrons? Who are these Patrons?
- What is the gist of the denunciation of the name in number 10.
- What is the big deal about copying 100 names and in other cases, copying 50 names?
- A date is published for an apportionment, no more than 100 days later. This refers to #35. What is the meaning of the 100 days?
- What does number 26 and number 27 mean? I'd like to see this acted out. 26) HOW TO GIVE THE VERDICT ON DEFENDANTS. When two thirds of the judices present report that the case is proved ... the praetor having jurisdiction over the proceedings in this case shall provide that those judices who refuse to give a verdict shall be removed ... shall conduct the proceedings. Then the praetor shall provide that his summoners and apparitors shall prevent any judex from leaving the court ... and shall provide that an urn ... digits broad and twenty digits high shall be provided, wherein the judices may cast their ballots ... and the said praetor shall place openly in the hand of each juror one ballot of boxwood four digits long and ... digits wide, waxed on each side ... of which ballot on one side the letter A has been written and on the other side the letter C, and he shall order this judex to erase one letter or the other as he wishes ...The judex shall make such erasure and he shall carry the ballot to the urn in full view in accordance with this law and with his arm bared, but with the letter covered by his fingers, and he shall display this ballot to the people ... and also to the other judices in turn and shall cast it into the said urn ..
- What kind of appeal are we talking about? 49) THE GRANT OF THE RIGHT OF APPEAL and Immunity. If any person belonging to the Latin name who has not been a dictator, praetor, or aedile in his own State, reports the name of another person as an offender in accordance with this law before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned in the said court by the terms of this law, then if the person who reports the name and by whose efforts the condemnation was primarily effected does not wish to become a Roman citizen in accordance with this law he shall have the right of appeal to the Roman people thereafter, lust as if he were a Roman citizen. Likewise, he and his sons and his grandsons through the male line shall be exempt and immune from military service and from public duties in his own State.
- How exactly was this to go down? 41) THE MONEY TO BE SEALED IN BASKETS. Whatsoever money is collected for the quaestor in accordance with this law, the said quaestor shall provide that it shall be placed in baskets and that the baskets shall be sealed with his own signet ... and that there shall be written on basket the name of the praetor who assesses the damages and the source of the money collected and how much is in the said basket. Each quaestor shall provide to the best of his ability that within the next five days after the assignment of the treasury as his province to him the baskets shad be unsealed; and that if the amount of money written on the said basket is found therein they shall be sealed anew...
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