The lex Julia de repetundis ("Julian law on corruption") was a foundational corruption law of the late Roman Republic and the Roman Empire.[1] Its provisions covered all magistrates, governors, and the family and employees thereof. Covered persons were prohibited of taking money to make, not make, or influence any official action.
The Tusculum portrait, the only known depiction of Caesar produced during his lifetime
It was passed by Gaius Julius Caesar during his first consulship in 59 BC with the support of the Senate. It continued in force as amended through into the Justinianic era, with fragments and commentaries codified into the Corpus Juris Civilis.
The Roman Republic had, since it acquired an empire, struggled with the problem of provincial governors extorting their provincial subjects. By 171 BC provincials could bring complaints against governors to Rome. The first permanent court (Latin: quaestio perpetua) in Rome was established by the lex Calpurnia in 149 specifically to try extortion cases. Available remedies were expanded by Gaius Gracchus' lex Sempronia in 123 BC and later during Sulla's rule.[2]
Gaius Julius Caesar was consul in 59 BC. During that year he had, with the support of his allies in what is misleadingly termed in modern times the First Triumvirate,[3] pursued an aggressive and controversial reform programme. Brought late in his consular year, the lex Julia was one of his least controversial bills. It is sometimes suggested that Caesar, whose reputation for avarice is well known from his pillaging of Spain during his post-praetorian governorship there, brought the bill in Pompey's name. It contained some 200 clauses covering all manner of hitherto semi-illegal practices that republican governors had used to line their own pockets.[4]
Caesar, who had come to political blows repeatedly with Marcus Porcius Cato and allies thereof during his consular year, found their support for the anti-extortion bill. Cato likely saw the bill as a positive for the state and, importantly, legislation brought in good faith for the state rather than for Caesar's own political advancement. Modern scholars have suggested that some of the provisions in the lex Julia were in fact added on Cato's initiative: the clauses protecting the rights of free communities had been an objective of Cato's the previous year.[5]
Most of the evidence of the lex Julia is preserved by commentaries of Roman jurists; its provisions were still in force as late as the JustinianicDigest.[1] The third century AD jurist Aemilius Macer held that the lex Julia created a general prohibition against taking any object of value to make or not make any official act. Such acts included civil judgements, imprisonments, criminal judgements, sentencing decisions, and decisions on status.[7]
During the republican period, claims repetundae (extortion) were brought before a quaestio perpetua, one of the permanent jury courts in Rome, by private prosecution.[8] One notable and "awkward" exception from the ostensibly comprehensive anti-bribery law were penalties for equestrian jurors taking bribes in Rome: such jurors were legally immune and regularly bribed with enormous sums by defendants.[9] By the imperial period, process under the lex Julia was largely by cognitio extra ordinem with sentences imposed starting at exile. Sentencing enhancements were applied if the illegal action caused someone to die or otherwise be punished.[10]
It applied to all magistrates, persons with official power or administrative duties, legates, and employees thereof. Family members of covered persons also were covered if they engaged in corrupt activities to influence that covered person. People who took a share in bribe proceeds were also liable.[11] Money damages were set for bribery cases in the lex Acilia (123 BC) at double of the bribes paid.[12]
Governors were also prohibited from forcing provincial communities to defer the cost of maintaining Roman troops within their communities. Senators also were prohibited from voting themselves onto putative embassies to the provinces for the actual purpose of conducting private business. The law also prohibited governors from demanding supposedly voluntary gifts from their provincial subjects.[13] The ability for governors to misappropriate plunder won in battle and force repayment of debts by force from "free cities" also was curtailed.[14] The account books of provincial governors also had to be deposited on the close of a governor's term both at Rome and at two cities within the province.[15][16]
^Drogula 2019, p. 139, favourable citing Morrell, Kit (2017). Pompey, Cato, and the governance of the Roman empire. Oxford University press. pp. 148–51. ISBN978-0-19-875514-2.
^Drogula 2019, p. 165, noting that Cato's account books disappeared at the close of his propraetorian administration of Cyprus.
Bibliographyedit
Drogula, Fred K (2019). Cato the Younger: life and death at the end of the Roman republic. New York: Oxford University Press. ISBN978-0-19-086902-1. OCLC 1090168108.
Morstein-Marx, Robert (2021). Julius Caesar and the Roman People. Cambridge University Press. doi:10.1017/9781108943260. ISBN978-1-108-83784-2. LCCN 2021024626. S2CID 242729962.
Plescia, Joseph (2001). "Judicial accountability and immunity in Roman law". The American Journal of Legal History. 45 (1): 51–70. doi:10.2307/3185349. ISSN 0002-9319. JSTOR 3185349.
Richardson, John (1994). "Administration of the empire". In Crook, John; et al. (eds.). The last age of the Roman Republic, 146–43 BC. Cambridge Ancient History. Vol. 9 (2nd ed.). Cambridge University Press. pp. 564–98. ISBN0-521-85073-8. OCLC 121060.
January 01, 1970
julia, repetundis, other, leges, juliae, julia, julia, repetundis, julian, corruption, foundational, corruption, late, roman, republic, roman, empire, provisions, covered, magistrates, governors, family, employees, thereof, covered, persons, were, prohibited, . For other leges Juliae see lex Julia The lex Julia de repetundis Julian law on corruption was a foundational corruption law of the late Roman Republic and the Roman Empire 1 Its provisions covered all magistrates governors and the family and employees thereof Covered persons were prohibited of taking money to make not make or influence any official action The Tusculum portrait the only known depiction of Caesar produced during his lifetime It was passed by Gaius Julius Caesar during his first consulship in 59 BC with the support of the Senate It continued in force as amended through into the Justinianic era with fragments and commentaries codified into the Corpus Juris Civilis Contents 1 History 2 Provisions 3 See also 4 References 5 BibliographyHistory editFurther information Julius Caesar and First Triumvirate The Roman Republic had since it acquired an empire struggled with the problem of provincial governors extorting their provincial subjects By 171 BC provincials could bring complaints against governors to Rome The first permanent court Latin quaestio perpetua in Rome was established by the lex Calpurnia in 149 specifically to try extortion cases Available remedies were expanded by Gaius Gracchus lex Sempronia in 123 BC and later during Sulla s rule 2 Gaius Julius Caesar was consul in 59 BC During that year he had with the support of his allies in what is misleadingly termed in modern times the First Triumvirate 3 pursued an aggressive and controversial reform programme Brought late in his consular year the lex Julia was one of his least controversial bills It is sometimes suggested that Caesar whose reputation for avarice is well known from his pillaging of Spain during his post praetorian governorship there brought the bill in Pompey s name It contained some 200 clauses covering all manner of hitherto semi illegal practices that republican governors had used to line their own pockets 4 Caesar who had come to political blows repeatedly with Marcus Porcius Cato and allies thereof during his consular year found their support for the anti extortion bill Cato likely saw the bill as a positive for the state and importantly legislation brought in good faith for the state rather than for Caesar s own political advancement Modern scholars have suggested that some of the provisions in the lex Julia were in fact added on Cato s initiative the clauses protecting the rights of free communities had been an objective of Cato s the previous year 5 Provisions edit nbsp Tribonian was a Byzantine jurist depicted here in a modern bas relief located in the United States Capitol He supervised the collation and editing of the Justinianic Corpus Juris Civilis which saw the preservation of fragments of the lex Julia 6 Most of the evidence of the lex Julia is preserved by commentaries of Roman jurists its provisions were still in force as late as the Justinianic Digest 1 The third century AD jurist Aemilius Macer held that the lex Julia created a general prohibition against taking any object of value to make or not make any official act Such acts included civil judgements imprisonments criminal judgements sentencing decisions and decisions on status 7 During the republican period claims repetundae extortion were brought before a quaestio perpetua one of the permanent jury courts in Rome by private prosecution 8 One notable and awkward exception from the ostensibly comprehensive anti bribery law were penalties for equestrian jurors taking bribes in Rome such jurors were legally immune and regularly bribed with enormous sums by defendants 9 By the imperial period process under the lex Julia was largely by cognitio extra ordinem with sentences imposed starting at exile Sentencing enhancements were applied if the illegal action caused someone to die or otherwise be punished 10 It applied to all magistrates persons with official power or administrative duties legates and employees thereof Family members of covered persons also were covered if they engaged in corrupt activities to influence that covered person People who took a share in bribe proceeds were also liable 11 Money damages were set for bribery cases in the lex Acilia 123 BC at double of the bribes paid 12 Governors were also prohibited from forcing provincial communities to defer the cost of maintaining Roman troops within their communities Senators also were prohibited from voting themselves onto putative embassies to the provinces for the actual purpose of conducting private business The law also prohibited governors from demanding supposedly voluntary gifts from their provincial subjects 13 The ability for governors to misappropriate plunder won in battle and force repayment of debts by force from free cities also was curtailed 14 The account books of provincial governors also had to be deposited on the close of a governor s term both at Rome and at two cities within the province 15 16 See also editList of Roman lawsReferences edit a b Plescia 2001 p 60 Richardson 1994 p 578 Morstein Marx 2021 p 119 Morstein Marx 2021 pp 166 67 rejecting attribution to Pompey Drogula 2019 p 139 favourable citing Morrell Kit 2017 Pompey Cato and the governance of the Roman empire Oxford University press pp 148 51 ISBN 978 0 19 875514 2 Tribonian Encyclopaedia Britannica 2001 Retrieved 2023 10 05 Plescia 2001 pp 62 63 Morstein Marx 2021 p 167 Richardson 1994 p 595 Morstein Marx 2021 p 167 n 205 Plescia 2001 p 63 citing Macer Dig 48 11 7 3 Plescia 2001 p 63 citing Marcianus Dig 48 11 1 Plescia 2001 p 63 Richardson 1994 p 588 Morstein Marx 2021 p 166 Morstein Marx 2021 p 166 Richardson 1994 p 580 Drogula 2019 p 165 noting that Cato s account books disappeared at the close of his propraetorian administration of Cyprus Bibliography editDrogula Fred K 2019 Cato the Younger life and death at the end of the Roman republic New York Oxford University Press ISBN 978 0 19 086902 1 OCLC 1090168108 Morstein Marx Robert 2021 Julius Caesar and the Roman People Cambridge University Press doi 10 1017 9781108943260 ISBN 978 1 108 83784 2 LCCN 2021024626 S2CID 242729962 Plescia Joseph 2001 Judicial accountability and immunity in Roman law The American Journal of Legal History 45 1 51 70 doi 10 2307 3185349 ISSN 0002 9319 JSTOR 3185349 Richardson John 1994 Administration of the empire In Crook John et al eds The last age of the Roman Republic 146 43 BC Cambridge Ancient History Vol 9 2nd ed Cambridge University Press pp 564 98 ISBN 0 521 85073 8 OCLC 121060 Retrieved from https en wikipedia org w index php title Lex Julia de repetundis amp oldid 1182589601, wikipedia, wiki, book, books, library,
