Roman Republic had officials {Roman Republic officials}. Wise men contributed to law by giving opinions, and rationalized old law to new situations {responsa prudentum}. Lawyers used law of Rome, not provinces. Lawyers were conservative and in agreement about laws. Lawyers drafted wills and business transactions {cautelary practice}. Orators {advocati} specialized in pleading cases in court.
In emergencies, Senate elected one consul {dictator}|, who received unlimited power. Dictator named a soldier and cavalry leader. Dictator had to resign after emergency ended, or after six months. Later, laws checked dictator's power.
Senate elected two praetors {consul, Roman law}| as chief magistrates. Consuls commanded the army [-367]. In war, consuls had absolute power, but, in peace, they consulted with Senate and tribunes. Before nomination before Assembly, religious auspices tested proposed consul.
At first, Assembly delegated right to govern {imperium, praetor} to two magistrates {praetor}|, typically clan chiefs. Praetors had unlimited power {potestas}. Praetors could veto each other.
Later, Senate elected praetors for one year. Praetors administered justice and were just below consuls in power. Later, Senate elected more praetors to be judicial magistrates.
civil case
In later Republic, praetors heard cases more informally than under legis actiones. They wrote cases for trial judges, in standard forms {formula, law}. Judges then decided. The only appeal was to show that judges had decided improperly.
Two men {quaestor}, one for finance and one for administration, were assistants to consuls. Chief magistrate appointed a temporary quaestor to investigate murder.
Two men {censor, Roman law}| counted population {census, Rome}, had five-year terms, typically were former consuls, decided citizen class and tribe, listed senators, had power to remove bad senators, had power of official censure, and controlled morals.
Four men {aedile} managed archives, police, and markets, but had no imperium.
After plebian unrest, Senate created protectors {tribune}| of plebian rights. At first, there were three tribunes, then five, and later ten. The plebian assembly elected tribunes annually. Tribunes could veto Assembly acts. Tribunes were safe from imperium, vetoed magistrates, submitted bills to plebian assembly, and prosecuted criminals. Tribunes acted independently. Tribunes had power only inside Rome.
Senators {Senate} were members for life, unless Senate removed them for bad conduct. Retired consuls and censors became Senators. Senate always had 300 members. It had power to establish martial law and elect dictator in war. It controlled policy, land distribution, treasury, and colonies. Senate met often. Senate at first had only patricians. Later, wealthy men who ranked just below patricians {equite} joined Senate. Roman fasces has SPQR "senatus populus que romanorum" (Senate and people of Rome).
6-Law-National-Roman Law-Roman Republic
Outline of Knowledge Database Home Page
Description of Outline of Knowledge Database
Date Modified: 2022.0225