Saint Olave's Law Society Journal ; Issue 01 (Autumn 2013)

Saint Olave’s Law Society Journal Roman law had some definite concepts: • Ius civile-? law which applied to all citizens, presided by the praetor of the city • Ius gentium-? laws which applied to foreigners with interactions with Romans • Ius naturale-? laws which all people seemed to follow • Ius scriptum-? laws made by legislature, Senatorial and Imperial decrees • Ius non scriptum-? unwritten laws which become binding over time and general acceptance • Ius commune-? laws that apply in ordinary circumstances • Ius singulare-? laws which apply to special groups of people-? military wills • Ius publicum-? laws that protect the state • Ius privatum-? law that protects the individual Through these concepts, Roman law developed and evolved through time. Punishment for crimes was relatively simple but severe: • Major crimes such as adultery and murder were punished by the death penalty o There are instances when possession of weapons or poisons was punished by death. o Death came in many different forms-? burying alive, thrown off a cliff, burning alive, crucifixion, being thrown into the Tiber in a bag with a dog, a cockerel and a snake. • If a person accused of a crime carrying the death penalty confessed before the start of the trial, then the sentence was carried out immediately. When death was not the sentence punishment differed immensely o Commoners were sent to work in salt mines. However, in the principate, they had the option of fighting in the arena if they preferred. o Nobles were exiled-? usually meant retiring to some comfortable villa in the provinces o Prisons were only used as holding pens before execution or trial, rather than a punishment in themselves. • Trials were very different from modern ones because the plaintiff and defendant had to represent themselves much more directly. They themselves had to present their cases to the judge. However, solicitors in Roman times played a much different role. They could advise their client and give a speech on their behalf, but they could under no circumstance accept payment for their services. Being a lawyer was a simple way of gaining prestige and reputation, which would aid a young man in his ascent on the political ladder. This job allowed him to put into practice the skills he learnt during his rhetoric lessons. Men had to be great public speakers first and foremost and therefore oratory was an essential quality to have. Guidelines for evidence were exactly that-?guidelines. Both written and oral evidence was permitted and acceptable. Therefore many lawsuits seem frivolous to us today because of tenuous premises and flimsy proof. The praemium that the delator (accuser) was awarded if he won was huge, thus there was a tendency for frivolity in trials. Issue 01 Autumn 2013 12

Saint Olave's Law Society Journal ; Issue 01 (Autumn 2013) | Page 12