Roman Law

This essay has a total of 4593 words and 23 pages.

Roman Law



The Romans have had almost every type of government there is.
They've had a kingdom, a republic, a dictatorship, and an empire.
Their democracy would be the basis for most modern democracies. The
people have always been involved with and loved their government, no
matter what kind it was. They loved being involved in the government,
and making decisions concerning everyone. In general, the Romans were
very power-hungry. This might be explained by the myth that they are
descended from Romulus, who's father was Mars, the god of war. Their
government loving tendencies have caused many, many civil wars. After
any type of government, the change has been made with a civil war.
There have also been many civil wars between rulers. But it all boils
down to wanting to be involved in government.

When the Greeks finally entered Troy after ten long years of
siege, a man named Aeneas escaped the city with his father, Anchises,
and his son, Ascanius. They went to Mt. Ida, where they were to meet
Aeneas' wife, Creusa, but she never showed up. Saddened, Aeneas
acquired a boat and sailed around the Mediterranean. He bounced around
from Asia Minor to Greece to Crete looking for a place to found a new
Troy, but he couldn't find a satisfactory place. As told by Homer in
the Aeneid, Aeneas was cared for by the gods. Venus, in particular,
was very worried about him. She asked Jupiter, king of the gods about
him, and he said this:

"Since you are so consumed with anxiety for Aeneas,
I shall turn forward far
The hidden pages of fate and speak of the future.
He shall conduct a great campaign for you
And conquer all Italy and its haughty peoples.
He shall impose laws on his own people
And build walled cities for them; the third summer
Shall see him rule in Latium, the third winter
Of warfare see the Rutulians [an Italian tribe] subdued.
But his son Ascanius...

It is he who shall consolidate your power-
For thirty years with all their turning months;
Then shall he move his capital from Lavinium
To Alba Longa, which he shall fortify
To the uttermost; and there a line of kings...
Shall reign and reign till Ilia [Rhea Silvia], a priestess
Of royal blood, bear twins begotten by Mars;
And one of these, Romulus, fostered by a she-wolf,
And joyfully wearing her tawny hide, shall rule
And found a city for Mars, a new city,
And call his people Romans, after his name.
For them I see no measure nor date, I grant them
Dominion without end. Yes, even Juno...

Even she will mend her ways and vie with me
In cherishing the Romans, the master-race,
The wearers of the Toga. So it is willed."(Nardo 13)

Finally, he wound up at the mouth of the Tiber River in Italy.
He went inland up the river, which was a miracle in itself, because
the river is very swift. He found Latium, ruled by King Latinus, and
married his daughter, Lavinia. With King Latinus' permission, Aeneas
and Lavinia founded a city called Lavinium, where they ruled side by
side for many years. When Aeneas died, his son Ascanius took over.
Ascanius founded a new city, which he called Alba Longa, and made it
his capital.

Now we advance four centuries. The king of Alba Longa is
Numitor. He had a jealous brother named Amulius, who seized the throne
and drove out Numitor. To prevent Numitor's daughter, Rhea Silvia,
from having children who could claim the throne, Amulius made her a
celibate priestess. While she was a priestess, Mars, the god of war,
came and visited her and she had twin boys named Remus and Romulus
(Burrell 7). When Amulius found out about the twins, he was furious.
He ordered Rhea imprisoned and the boys drowned on the Tiber. The
slave who was ordered to drown them felt pity for them, and instead
sent them down the river in a basket. When they landed, a she-wolf
found them and nursed them because her cubs had just been killed and
she was still fertile. Romulus and Remus were found by a shepherd
named Faustulus, who took them home to his wife to raise them. As they
grew up, being sons of Mars, they turned out to be very athletic and
natural leaders, especially of the local boys. When the boys grew up,
they heard the story of Numitor and Amulius. With their local friends,
they attacked Alba Longa, killed Amulius, restored their grandfather
to the throne, and freed their mother.

After restoring Numitor to the throne, the boys decided to
found a city on one of the seven hills near where their basket was
found by the wolf. This was a natural spot for a city. Accounts Livy,

"Not without good reason did gods and men choose this spot as the site
of a city, with its bracing hills, its [spacious] river by means of
which the produce of inland countries may be brought down and inland
supplies obtained; a sea near enough for all useful purposes, but not
so near as to be exposed to danger from foreign fleets; a district in
the very center of Italy, in a word, a position singularly adapted by
a nature for the growth of a city." (Nardo, 12)

The two boys couldn't decide between themselves which hill to start
on, so they decided that whoever saw a vulture first could pick. Remus
saw the first vulture and five others, and Romulus saw twelve. Remus
had rightfully won, but Romulus claimed he should pick since he saw
more vultures. He borrowed a plow and team, and plowed a furrow around
the Palatine hill. He told his brother that was where the city would
be, and if Remus crossed the line, he would be killed. Contemptuous
Remus immediately crossed the line, and Romulus killed him. Romulus
later said he regretted killing his brother, but life goes on. He
built his city on the Palatine Hill, and called it Rome.

When Romulus founded Rome in 753 BC, he made himself the king.
Being a brand new city, it had very few people. Romulus built up the
population by allowing anybody who wanted to live there, including
criminals who flocked to the city. This caused a shortage of women. To
get some, the Romans hosted athletic games and invited their
neighbors, the Sabines. While they were at the games, some of the
Romans sneaked off and stole the Sabine women (Burrell 14-15).
Realizing what had happened, the Sabines prepared their army.
Expecting this, the Romans were ready and the two forces lined up
preparing to fight. Surprisingly, some of the women ran into the
no-man's-land in between the armies. This is what their leader said:

"We were just daughters a short while ago, now we are both wives and
daughters. We did not choose our husbands - they chose us. We want
this fighting to stop. If it goes ahead, many will be slain. When our
fathers are dead, we shall be orphans, but if our husbands die, we
shall be widows. We lose either way." (Burrell, 14-15)

Surprisingly, the two armies listened and put down their weapons.

Since anyone was allowed to reside, Rome had great diversity
in its people. There were three main ethnic groups: the Romans, who
were first generation, the Sabines, and the Latins, who Romulus is
descended from. The Sabines lived in the mountains east of the Tiber
and north of the Latins. Later on, another group of people called the
Etruscans started moving in. They were unique in that their language
had no relation to any other known language, the only one like that.

Romulus established a government with a king, who was
imperium, "Over all persons and in all causes supreme" (Adcock 6).
Romulus chose one hundred fathers to form the Senate. These people and
their descendants are known as Patricians, from the Latin word pater,
meaning father. He divided the people into three tribes, mentioned
above, and each tribe was divided into smaller curiae. The succession
of kings wasn't hereditary. The previous king appointed someone, and
that person had to show the good will of heaven. Once king he had to
keep the pax deorum, Latin for peace of the gods. Romulus created an
army that was to have three thousand infantry and three hundred
horsemen, one-third from each tribe. This was a national guard, with
people keeping their day jobs.

When Romulus died in 717 BC, the two main tribes, the Romans
and the Sabines, couldn't decide how to pick a king. Finally it was
decided that the Romans would pick a Sabine king. They picked Numa
Pompilius. This is what Plutarch had to say about him:

"He banished all luxury and softness from his own home, and... in
private he devoted himself not to amusement... but to the worship of
the immortal gods." (Nardo 19)

One of Pompilius' notable achievements was rearranging the calendar so
it had twelve months instead of ten.

The third king, Tullus Hostilius, was a war monger. He
believed his subjects would grow soft if they weren't engaged in a
war. Conquering neighboring people, including Alba Longa, he extended
Rome's rule out to twelve miles. Supposedly the gods got angry with
him and killed him with a lightning bolt (Burrell, 12).

The fourth king, Ancus Martius, was a Sabine. He extended
Rome's boundary to the sea and built the Pons Sublicus, the first
bridge across the Tiber. He also captured the Janiculum hill on the
far bank.

The fifth king, Lucius Tarquinius Priscus, was the first
Etruscan king. He got the throne when he persuaded Martius to send his
sons away. He was an architect king. He built the capitol temple,
drained the marsh between the Paletine and Aventine Hills, built the
Cloaca Maxima, or great sewer, and designed the Circus Maximus.

The sixth king was Servius Tullius, another Etruscan. He
divided the citizens into five social classes, from richest to
poorest. All but the poorest had to provide soldiers.

The seventh, and final, king was Tarquinius Superbus. He was a
bad king. He got the throne by marrying Tullius' daughter, Tullia. He
then pushed Tullius down a flight of stairs. He sent men to finish him
off, but Tullia ran over her father with a cisium, Latin for a light,
two-wheeled carriage. As king, he paid absolutely no attention to what
the people wanted. According to Asimov, when he was off at war with
the Volscians, the Senate voted to exile him, and he wasn't let back
into the city. After his reign, the people vowed never to have a king
again, and a law was made where anybody who even talked about having a
king back was executed. A senator named Brutus said,

"I swear, and you, o gods, I call to witness that I will drive
[away]... Tarquinius Superbus, together with his wicked wife and his
whole family, with fire and sword and every means in my power, and I
will not [allow] them or anyone else to reign in Rome."
(Nardo 25)

Republic is English for the Latin Res Publica, meaning the public
thing. A republic is "a country governed by the elected
representatives of the people" (Encarta "Republic"). Instead of a
president or king, the Republic has two praetors, later known as
consuls, who were elected annually. The one exception was emergency
dictators, who served for six months and six months only. The Senators
served for life. The object of the Republic was to give the people a
voice in the government, and to keep just one person from having all
the power. Noting the Greek government, the Romans created the
Centuriate Assembly of citizens. This was an assembly where citizens
discussed and voted on important issues. Many of the members were
Patricians, but there were a few Plebs, or commoners too poor to own
land. Only free Roman adult men who owned weapons were citizens. Not
long after the Republic was formed, the Patricians closed off
immigration of new patriarchal families.

In the early years of the Republic, the Patricians often made
laws unfair to the Plebs. Only Patricians could become consul, the
senate was almost all Patricians, and the Patricians controlled the
Plebs in the Assembly by giving the Plebs financial aid, who in turn
voted the way they were told. Public Officials weren't paid, so only
wealthy people could afford to serve on a regular basis. One time, the
Plebs refused to serve in the army until they got their way. As Livy
said,

"The Patricians dreaded the Plebians [who were striking].... How long
could it be supposed that the multitude which had seceded would remain
inactive? And what would be the consequence if in the meantime a
foreign war should break out? No glimpse of hope could they see left
except in concord between the citizens, which must be re-established
in the state on any terms." (Nardo 28)

In 494 BC, the Patricians gave up and allowed the striking Plebs their
own council, called the Popular Assembly, which excluded Patricians.
This assembly couldn't make laws, but they elected ten tribunes each
year who had the power of veto. The Patricians pronounced the validity
of decisions made by the assembly. As the Republic grew older, it
became more complicated. The Assembly had to elect officials to help.
They elected eight praetors, or court judges, four aediles, who
managed public streets and buildings, two censores, who took censuses,
admitted new senators and collected taxes, and twenty five quaestores,
or financial officers. In 450 BC, the Plebs demanded that the laws of
Rome be written down so that the praetors couldn't twist the law in
their favor. They were written down on the Twelve Tables. An example
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