INTRODUCTION AUX DROITS DE L'HOMME

INTRODUCTION TO HUMAN RIGHTS LAW

FACO - PARIS 2004
 

Professeur: Daniel Laprès

Cabinet d'avocats
adresse: 81 rue de la Faisanderie, 75116 Paris
tel: (331) 01.45.04.62.52 - fax: (331) 45.44.64.45

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Acilian Law on the Right to Recovery of Property

Officialy Extorted, 122 B.C.

Acilian Law on the Right to Recovery of Property Officially Extorted,

122 B.C.

2) IF FROM ANYONE of the allies either of the Latin name or of foreign nations, or from anyone of those dependent on the discretion, dictation, power, or friendship of the Roman people ... in any single year property amounting to more than ... sesterces in value has been taken, seized, exacted, procured, or

appropriated from such person himself or his king or his people or his father, or from anyone who is or has been in his or his father's family or in bondage to them, or of whom he or his father or his son is heir, by a person in the exercise of his command or power who was dictator, consul, praetor, master of the horse, censor, aedile, plebeian tribune, quaestor, triumvir capitalis, triumvir for granting and assigning lands, military tribune in any of the first four legions, or who is the son of one of these, or who is himself a senator or whose father is one: with regard to this matter the wronged person shall have the right to bring suit and to report the name of the offender.

8) THE ANNUAL SELECTION OF THE 450 MEN. The praetor, who after the passage of this law has jurisdiction over the proceedings in accordance with this law, ... within the next ten days after entering upon this magistracy shall provide for the selection of the 450 persons as specified, persons who have or have had a knight's census in this state ... provided that he selects no one who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been a member of the Senate, or who has fought or shall fight as a gladiator for hire or who has been condemned by the judicial process or by a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of a person who is or

has been a member of the Senate, or who is overseas.

10) THE DENUNCIATION OF THE NAME of the Defendant and the Selection of the Judices. Whoever in accordance ith this law claims money from his adversary . subsequent to the selection of a panel of 450 judices for said year in accordance with this law, shall summon the defendant to court before the praetor, who is created for said year in accordance with this law, and shall denounce him; and if he has taken solemn oath that he does not sue from malice, the said praetor shall accept the denunciation and shall provide that ... within ... days from that on which the denunciation is made, the defendant shall announce to his adversary the names of all the 450 judices who are selected in accordance with this law for the said year . to whom the defendant is related or who are related to the defendant as son-in-law, father-in-law, step-father, or stepson, or who is a cousin-german to him, or is closer to him than this kinship, or who is a member of the same club or guild; and the praetor shall provide that the person who makes such announcement shall swear in the presence of his adversary that he has not left with malice aforethought among the 450 judices seleded for the said year in accordance with this law any person except such as are not related to him by any of the forms of kinship stated above. Thus the defendant shall announce the names and shall take oath. When he thus announces the names, then the praetor, who has jurisdiction over the proceedings in accordance with this law, shall provide that the person who reports the name of any offender for judicial action in this manner, on the twentieth day from the day on he makes the summons, shall select and publish the names of 100 persons from those who are selected as the 450 judices for the said year in accordance with this law and who are still alive, provided that no one may be a judex to whom the plaintiff is related or who is related to the plaintiff as son-in-law, father-in-law, stepfather, or stepson, or who is a cousin-german to him, or who is closer to him thank this kinship, ... or who is a member of the same guild or club, or who is or has been plebeian tribune, quaestor, triumvir capitalis, triumvir for granting and assigning lands, or military tribune in any of the first four legions, or who is or has been in the Senate, or who is or has been made by the Rubrian Law a triumvir for founding a colony ... who shall be more than ... miles from the city of Rome, or who shall be overseas; and he shall not select or publish more than one person from a family nor a person who has been or is condemned for accepting money, either because he has been sued in an action of solemn deposit under the Calpurnian or Junian Laws, or because he has been summoned in accordance with this law. In regard to the 100 persons whose names he publishes in accordance with this law, the praetor shall provide in like manner that the plaintiff take oath publicly, in his court, in the presence of his adversary, that he with malice aforethought has published the name of no person which it is unlawful to publish for the 100 judices for any of the reasons stated above ... or who is related to him by any of the forms of kinship that have been stated above. The defendant, whereby the less ... If the plaintiff publishes the names of the 100 judices in such manner and takes oath, then the praetor shall provide that the defendant, on the sixtieth day after his name is reported, shall publish the names of fifty judices whom he wishes from that 100 persons whose names the plaintiff publishes in accordance with this law ... If the person reported as an offender in accordance with this law does not select and publish the names of fifty judices in accordance with this law, or if he does not publish in accordance with this law the names of those from the panel of 450, who are selected for the said year in accordance with this law, who are related to him by either the male or the female line or are in the same club or guild,and he is not hindered by that praetor or by his adversary from selecting and publishing the names of the fifty judices whom he wishes from the list of 100 which he publishes in accordance with this law ... provided that he selects with malice aforethought no judex whom it is unlawful to select according to this law. The persons who are thus selected shall be the judices for this case and they shall make judgment of this case in accordance with this law and shall assess the damages.

16) NOTICE TO BE GIVEN TO WITNESSES. After the praetor and his court hear what they believe pertains to the investigation of the case and approve the case, the praetor shall order those persons summoned as witnesses by the plaintiff up to the number of forty-eight to give their testimony; and, when a specific matter is under consideration for which a specific witness is present, he shall provide that all witnesses concerned shall be present for the specific matter and shall deliver their testimony, provided that he orders no one to give testimony who ... or who, or whose ancestors are or have been clients of the defendant or of his ancestors, or who, or whose ancestors are or have been patrons of the defendant or of his ancestors, or anyone who shall plead the case of the defendant, provided that he has but one such representative, or anyone who is a freedman or a freedwoman of the defendant or of his parent.

20) THE JUDICES TO TAKE OATH before the Court Convenes. Before the first pleading the praetor having jurisdiction over the proceedings in accordance with this law shall provide that the judices for the said case ... shall take oath before him. The judices for the said case all shall take oath on the front of the Rostra facing toward the Forum ... and that he will conduct himself to the best of his ability so as to hear the words of the witnesses for the said case . . and that he will do nothing whereby he shall not render his decision in the said case, unless there is some reason which in accordance with this law excuses him from rendering a decision in the said case. The said praetor shall provide that the names of those who take oath in this manner before him shall be read in a public meeting and he shall provide that they shall be published and posted publicly in the Forum ... and he shall not permit anyone of the fifty judices chosen from the panel of 100 to take part in the said case, unless he has taken oath in this manner.

23) THE JUDICES TO TAKE OATH beforeThey Retire for Deliberation. The praetor having jurisdiction over the proceedings in accordance with this law shall provide that the judices. who are selected for the said case in accordance with this law, shall take oath before they retire for deliberation: that he ... will not do anything fraudulently whereby anyone will be informed of his opinion or that of any other judex ...

29) THE ACQUITTAL OF THE DEFENDANT. If the majority of the votes therein is not for condemnation, the praetor having jurisdiction over the proceedings I accordance with this law shall declare that the said defendant does not appear to be guilty. That defendant whom the praetor declares "Not guilty" in such manner shall be acquitted of this charge in accordance with this law, except as regards any later act or any act of collusion.

30) THE CONDEMNATION OF THE DEFENDANT. If the majority of the votes therein is for condemnation, the praetor having jurisdiction over the proceedings in accordance with this law shall declare that the said defendant appears to be guilty...

31) THE SAME CASE NOT TO BE TRIED TWICE. There shall be no second action under this law against a person who is condemned or is acquitted in accordance with this law, except as regards some later act or some act of collusion or as regards the assessment of damages or of penalties specified in this law ...

44) NO ONE TO HINDER A TRIAL. In regard to a trial which should be held properly in accordance with law: when it should be held properly in accordance with this law, no magistrate or promagistrate or person by virtue of any imperium or authority shall act in such that a trial cannot be held or a verdict given; nor shall anyone call from or cause to be called from this trial the person presiding over the trial in accordance with this law, nor a judex in accordance with this law, nor a plaintiff in accordance with this law, nor a defendant ... nor shall he abduct said person nor cause him to be abducted, nor shall he act in a manner whereby anyone of the said persons shall be unable to be present at the said trial or to hear the words at the said trial or to retire for deliberation or to give a verdict; nor shall he order anyone to dismiss the court, except when the Senate is convened lawfully ... or unless Centuriate or Tribal Assembly is called within the city for any reason other than the passage of omnibus legislation.

46) THE JUDGMENT OF CASES in Accordance with the Calpurnian or the Junian Laws. As regards persons who have been or shall be tried under the law passed by the plebeian tribune Lucius Calpurnius, son of Lucius, or under the law passed by the plebeian tribune Marcus Junius, son of Decimus, and who have been or shall be acquitted or condemned in the said trial: it is not the intent of this law that anyone of the said persons shall be named as an offender on the same matter in accordance with this law or that the said person shall be tried on the said matter in accordance with this law. And if anyone is said to have acted contrary to this law ... unless the law is passed before the said act is committed, there shall be no action under this law with the said persons.

48) THE GRANT OF CITIZENSHIP. If anyone of the aforesaid persons who is not a Roman citizen reports the name of another person as an offender in accordance with this law ... before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned by the said court by the terms of this law, then the person who reports his name and by whose efforts the condemnation was primarily effected ... shall be made a Roman citizen, if he wishes, himself and his children, who are born to him when he becomes a Roman citizen in accordance with this law, and the grandsons then born to said son shall be full Roman citizens; and they shall vote in that tribe in which the person accused in accordance with this law voted, and they shall be registered by the censor in that tribe, and they shall be exempt from military service, and all the money and pay earned by them they shall receive. It is not the intent of this law ... to prevent any magistrate or promagistrate ...

49) THE GRANT OF THE RIGHT OF APPEAL and Immunity. If any person belonging to the Latin name who has not been a dictator, praetor, or aedile in his own State, reports the name of another person as an offender in accordance with this law before the praetor having jurisdiction over the proceedings in accordance with this law and if the said person is condemned in the said court by the terms of this law, then if the person who reports the name and by whose efforts the condemnation was primarily effected does not wish to become a Roman citizen in accordance with this law he shall have the right of appeal to the Roman people thereafter, lust as if he were a Roman citizen. Likewise, he and his sons and his grandsons through the male line shall be exempt and immune from militaryservice and from public duties in his own State.

Source:

Ancient Roman statutes : translation, with introduction, commentary, glossary, and index by Allan Chester Johnson, Paul Robinson Coleman-Norton, Frank Card Bourne; general editor, Clyde Pharr Austin: University of Texas Press, 1961 

__________________________________________________________

DANIEL ARTHUR LAPRES


Cabinet d'avocats
adresse: 81 rue de la Faisanderie, 75116 Paris
tel: (331) 01.45.04.62.52 - fax: (331) 45.44.64.45
 

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