INTRODUCTION AUX DROITS DE L'HOMME
INTRODUCTION TO HUMAN RIGHTS LAW
FACO - PARIS 2004
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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
__________________________________________________________
Cabinet d'avocats
adresse: 81 rue de la Faisanderie,
75116 Paris
tel: (331) 01.45.04.62.52 - fax: (331)
45.44.64.45