Ancient Rome 753-509 7 Kings 509 – c. 44 BCE Republic Civil wars 31 BCE – c. 476 CE/AD? Roman Empire - 1453 Eastern Roman (Byzantine) Empire

Rome and the Provinces

Emperor’s word becomes law Emperor’s word becomes law. Various ways emperor (princeps) makes his will known as law: rescripts (written replies), responsa: most common Replies, either by letter or just subscriptions (notes added at the bottom) mandates (instructions to officials) edicts (advised by his consilium and jurists) decreta (decisions): emperor’s judicial decisions INCREASE IN: legal experts, often on emperor’s staff Praetor’s edicts still exist.

Rome: Great fire of 64 “Nero fiddled while …”? Source: “enraptured by what he called ‘the beauty of the flames,’ Nero put on his tragedian’s costume and sang The Sack of Ilium [Troy].” Suet. 38 “watched from the Tower of Maecenas”

Nero, 54-68: the first persecution of Christians Julio-Claudians = 1st 5 emperors (Augustus, Tiberius, Caligula, Claudius, Nero) Nero, 54-68: the first persecution of Christians Fire in Rome, 64 Nero executed Christians (Tacitus explains why) “their hatred of humanity” Presumably he conducted “show trials” before his council (consilium)

Lex de imperio Vespasiani Vespasian: emperor, 69-79 Lex de imperio Vespasiani appointed by Nero to handle Jewish rebellion (66-) Proclaimed in East on July 1 Senate confirmed him Codified officially the position of emperor by law (as opposed to Augustus’s auctoritas ) He gets what Augustus had

Law granting Imperium to Vespasian “it shall be lawful for him to make a treaty with whom he wishes, just as it was lawful for the deified Augustus, for Tiberius Julius Caesar Augustus, and for Tiberius Claudius Caesar Augustus Germanicus;” “And that it shall be lawful for him to hold a session of the Senate, to make a motion in it, to refer a matter to it, to propose decrees of the Senate … just as it was lawful for the deified Augustus, for Tiberius Julius Caesar Augustus, for Tiberius Claudius Caesar Augustus Germanicus; …” “And that whatsoever persons seeking a magistracy, power, imperium, or charge of anything he commends to the Roman Senate and people and to whomsoever he gives or promises his electoral support special consideration of them shall be taken in every election …”

Oh yeah, one more … “And that whatever he considers to be in accordance with the public advantage and the dignity of divine and human and public and private interests he shall have the right and the power to do and to execute, just as had the deified Augustus and Tiberius Julius Caesar Augustus and Tiberius Claudius Caesar Augustus Germanicus; …” Tacitus laments: “How few were left who had known the Republic”!

Colosseum (Flavian Amphitheater) Begun by Vespasian, dedicated by Titus in 80, completed by Domitian

“the 5 good emperors” 96-180 CE Nerva, Trajan, Hadrian, Antoninus Pius, Marcus Aurelius “If a man were called to fix the period in the history of the world during which the condition of the human race was most happy and prosperous, he would, without hesitation, name that which elapsed from the death of Domitian to the accession of Commodus.” Edward Gibbon, Decline and Fall of the Roman Empire (1776-)

Trajan (98-117) M. Ulpius Traianus From a Roman colony in S. Spain Later emperors prayed to be as good as Trajan Chosen on merit but adopted for dynastic legitimacy: have it both ways

Trajan’s Forum with Trajan’s Column

TRAJAN’S NEW PROVINCES: DACIA, MESOPOTAMIA Dacia abandoned by Aurelian in 270

Emperor: The agent of god’s providence on earth One world, one emperor, one law. (This contributed to monotheism, over time ….) Panegyrics (by Pliny & others) downplay this and promote the ideology of a fair emperor: “The emperor is not above the law, the law is above the emperor.”

Pliny the Younger His uncle, Pliny the Elder, died in the eruption that buried Pompeii (Aug., 79) a Roman Senator,; a friend of the historian Tacitus (who is also a Senator) had been on Trajan’s consilium (council of legal advisors) 3 times

trials of Christians, 112 CE in Asia, and first account in history of Christian practices Trajan sends Pliny as imperial legate to Bithynia, 110-112 CE Pliny’s letter to Trajan: his cognitiones (plural of cognitio) Why did he execute Christians? They got off if they made offerings to statue of emperor & derided Christ Trajan’s response: “… in keeping with the spirit of our age”

Cognitio procedure by a magistrate Complain to official who issues a summons: state-issued (not privately) If defendant does not reply to 3 summonses he loses the case The magistrate hears the case Written documents are now more important than oral testimony The magistrate rules at his discretion Court officials enforce the penalty (before it was done privately) Appeal possible all the way up to the Emperor, but you need to be of high status and have connections, of course ….

Hadrian, 117-138 Adopted by Trajan (a relative) and acclaimed by army Also a Roman from S. Spain Travelled and firmed up frontiers

Aureus (gold coin) of Hadrian

Hadrian’s wall (northern Britain)

Hadrian’s Gate in Athens

Antinoos

Classical period of Roman Law, c. 32 BCE – 235 CE (High Roman Empire) Under Hadrian, the praetor’s edict was codified and did not change. Jurists: rise of legal experts, often on staff of Emperor and Governors Jurists wrote books and advised judges 2 schools of jurists: strict and pragmatic Ulpian, jurist, c. 200 CE: the emperor’s word is law after the Classical period, changes appear in 3rd Century: emperor more autocratic.

Apuleius Author of the Latin novel, Metamorphoses or the Golden Ass Published his Apology (defense speech). On trial in North Africa for magic, 158-9 CE; a capital charge judge is the governor (proconsul) Claudius Maximus, a Stoic philosopher he had married a rich widow, Pudentilla; her son died she accused him in a letter of using love-charms he had knowledge of magic; a statue of Mercury; a boy collapsed 15 slaves testified