Nowadays, litigation is a commonplace affair. With its help, not only criminal and administrative crimes are considered, but also hereditary issues, divorce, guardianship, legal and many others. In ancient Rome, the judicial institution was still very young, so many cases were decided by arbitrariness. In order to eliminate this, the authorities developed a legislative process , during which the world's first lawsuits were considered.
History of occurrence
The Roman Empire has long been the most powerful power in the world. In order to comply with their status, its rulers created various institutions of government, with the help of which they formed the legislation. It was naturally assumed that adhering to established rules was the duty of every citizen. But what to do with someone who deviated from this rule? For a long time for the Romans, the phenomenon of mob law was quite acceptable. But the authorities were dissatisfied with this state of things, so the decision was made to create a certain state body that could correctly and fairly conduct the trial. Legal editorial - a name that was formed by itself from the Latin words Legis and Actiones, which means "law in action."
First Court Formation
To begin with, it was necessary to choose a set of laws by which a trial would take place. They had to be as fair as possible and at the same time strict. Moreover, this code should be clearly structured and written down without a single blot. Of all the state documents written at that time, Laws of the XII tables were chosen, on which the legal process in Roman law was based. They covered the most important areas of activity at that time, and also took into account the social situation of each individual person. After we dealt with the written laws, we proceeded to the selection of members of the meetings. The judge was supposed to be at the head. Of course, the legal proceedings could not have taken place without the plaintiff and defendant. The jury became secondary participants in this event.
The main characteristic of the process
Since the legislative process in Roman law was purely legal in nature, it was based on the following provisions:
- The main source was civil law (as mentioned above, Laws of the XII tables).
- The subjects that could be present in court are Quirits and Latins. That is, the legal process allowed all official citizens of the Roman Empire to participate, who could provide a document confirming this. If it was a question of a man without documents, he should have been a native of the country. Foreigners could not participate in court.
- Any case went through two stages: the first - in the judicial magistrate, the second - directly in court.
- Such concepts as the defender and the accuser did not yet exist. Therefore, the plaintiff independently stated all his claims and wishes, and the defendant had to stand up for himself. He did not have the right and opportunity to hire a lawyer.
Lack of institute of extramural production
It is quite obvious that the ancient Roman legal drafting trial was not at all as civil and humane as the modern one. The preparations for the meeting were as follows: the plaintiff's application was considered, then a judge was elected, whose presence was mandatory, and a day was chosen. In order for the trial to take place, the plaintiff and defendant must also appear at it. With the first, problems rarely occurred - the applicant was always there. As for the second, often people suspected or accused of something literally fled. They knew that the legal process would not be started if the defendant did not appear at it, because in those days it was impossible to consider the case on the merits in the absence of one of the parties.
Plaintiff's legal rights
Based on this state of things, the person who filed the application with a Roman court was allowed to force the defendant to attend the sentencing. Yes, violence on the part of the plaintiff was the norm, but with certain restrictions: it was impossible to harm health, maim, and even more so kill the defendant. If one of the parties was absent from the trial, the meeting was completely canceled both in the magistrate and in court.
Legislation process stages
The formation of the institution of the court in ancient Rome served as the basis for its further functioning throughout the world according to a single harmonious scheme. Having created this body and determining its range of actions, the Romans divided it into stages that have survived to the present day and have been supplemented a little by modern lawyers. So, as we noted above, there were two stages in court. The first took place in a magistrate, and the second took place directly in court in the presence of a jury.
Stage One - In Jure
Literally translated as "in fairness." This action was carried out by the judicial magistrate (rex, consul, later - praetor). A citizen who believed that his rights were infringed, filed a lawsuit with the magistrate, in which, in addition to stating his claim, he asked the court for protection. The person in charge of this body examined this document and determined how it complies with the law and whether it is worth convening a court in this case. If it turned out that the lawsuit had legal grounds, it was sent for further processing. If any inconsistencies were found, the application was returned to the plaintiff.
Stage Two - In Judicio
It took place directly in the courtroom, where the issue was decided on the merits. The time interval between filing a lawsuit against the magistrate and the day the legal process is completed was 30 days. During this period, the parties could find arguments and evidence of their innocence. After hearing all the arguments, the judge passed an oral and indisputable sentence with witnesses. In addition, the same issue could not be re-examined by the magistrate.
Forms of the Legislation Process
- Legis Actio Sacramento. The most common form, which took place in the form of a bet. In the presence of the magistrate, the plaintiff and defendant converged in a verbal duel. The subject of the dispute or part of it should be on the process. The applicant could demand from the opponent an explanation of his actions, but the second had the right to refuse. After the parties were invited to make a cash deposit for the object of the dispute. If the one who paid the indicated amount lost, his funds were transferred to the state treasury.
- Legis Actio Per Sponsionem Praejudicialem is a late version of the previous form. He was distinguished by the fact that after a verbal duel, the parties went to court to obtain a final verdict.
- Legis Actio Per Manus Injectionem - non-payment of litigation. The plaintiff brought the defendant, urging him to pay what he owed. Upon receipt of a refusal, the applicant was allowed to put shackles on the defendant and keep him in them for up to 30 days. After that, the debtor was killed or sold.
- Legus Actio Per Pignoris Capionem - a lawsuit by capturing a bail. Served during sacrifices and in case it was necessary to pay off military fees.
- Legis Actio Per Judicis Postulationem - a lawsuit regarding the division of joint property and the request of a magistrate to appoint a specific judge.
Similar institutes in Rome
Often, beginning historians and lawyers confuse the legal and formal processes. Indeed, they are very similar and even identical in many ways. The difference lies in the fact that the formal process appeared somewhat later than the legislative process, as its simplified form. It also consisted of two stages, but at the same time, all claims, on whatever grounds they were built, were considered according to one scheme. Often, the formal processes did not reach the second stage, since the magistrate was entitled to resolve any dispute at his discretion.