Calumnia (Roman law)
Encyclopedia
In Roman law
during the Republic
, calumnia was the willful bringing of a false accusation, that is, malicious prosecution
. The English word "calumny" derives from the Latin.
The Roman legal system lacked state prosecutor
s; crimes were prosecuted by any individual with sufficient legal training who chose to make the case. Prosecutions were often politically motivated, but a prosecutor who brought an accusation wrongfully could be sued under the Lex Remmia de calumnia if the accused was absolved of the crime. In this sense, calumnia resembled a charge of defamation or libel. The person found guilty of calumnia was subject to the same punishment the person he falsely accused would have received.
One particularly well-documented trial that resulted in calumnia was that of M. Aemilius Scaurus
, the praetor
of 56 BC, who spoke in his own defense. Cicero
was among his team of six advocates. Scaurus was charged under the Lex Iulia de repetundis for alleged misconduct during his governorship
of Sardinia
in 55 BC. A lengthy list of character witnesses is preserved. He was acquitted, with only four of twenty-two senators voting to convict, two of twenty-three equites, and two of twenty-five tribuni aerarii ("tribunes of the treasury
"). Ten of these jurors voted that two of the prosecutors, Marcus Pacuvius Claudius and his brother Quintus, had committed calumnia, and three voted that a third prosecutor, Lucius Marius, had also done so. Although the presiding praetor allowed charges of calumnia to proceed, all three were acquitted, even though the jury seems to have been the same.
Another case involving calumnia is mentioned by Cicero in his first speech against Verres
.
During the time of Sulla, Afrania
, a senator's wife, appeared so often before the praetor that muliebris calumnia ("woman's calumny") became regarded as pernicious to the legal system. An edict was consequently enacted that prohibited women from bringing claims on behalf of others, though they continued to be active in the courts in other ways.
During the Imperial era
, a charge of calumnia could also result from an ill-considered accusation, even if made without malice
.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
during the Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
, calumnia was the willful bringing of a false accusation, that is, malicious prosecution
Malicious prosecution
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution...
. The English word "calumny" derives from the Latin.
The Roman legal system lacked state prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s; crimes were prosecuted by any individual with sufficient legal training who chose to make the case. Prosecutions were often politically motivated, but a prosecutor who brought an accusation wrongfully could be sued under the Lex Remmia de calumnia if the accused was absolved of the crime. In this sense, calumnia resembled a charge of defamation or libel. The person found guilty of calumnia was subject to the same punishment the person he falsely accused would have received.
One particularly well-documented trial that resulted in calumnia was that of M. Aemilius Scaurus
Marcus Aemilius Scaurus (praetor 56 BC)
Marcus Aemilius Scaurus was a Roman politician of the 1st century BC and son of Marcus Aemilius Scaurus and Caecilia Metella Dalmatica.Scaurus lost his father when he was very young, but his education was insured by several other family friends...
, the praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
of 56 BC, who spoke in his own defense. Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...
was among his team of six advocates. Scaurus was charged under the Lex Iulia de repetundis for alleged misconduct during his governorship
Roman governor
A Roman governor was an official either elected or appointed to be the chief administrator of Roman law throughout one or more of the many provinces constituting the Roman Empire...
of Sardinia
Corsica et Sardinia
Corsica et Sardinia was an ancient Roman province including the islands of Corsica and Sardinia.-Pre-Roman times:The Phoenicians were the first to establish several commercial stations in Corsica and in Sardinia. After the Phoenicians, there arrived the Greeks, who also established their colonies...
in 55 BC. A lengthy list of character witnesses is preserved. He was acquitted, with only four of twenty-two senators voting to convict, two of twenty-three equites, and two of twenty-five tribuni aerarii ("tribunes of the treasury
Aerarium
Aerarium was the name given in Ancient Rome to the public treasury, and in a secondary sense to the public finances....
"). Ten of these jurors voted that two of the prosecutors, Marcus Pacuvius Claudius and his brother Quintus, had committed calumnia, and three voted that a third prosecutor, Lucius Marius, had also done so. Although the presiding praetor allowed charges of calumnia to proceed, all three were acquitted, even though the jury seems to have been the same.
Another case involving calumnia is mentioned by Cicero in his first speech against Verres
Verres
Gaius Verres was a Roman magistrate, notorious for his misgovernment of Sicily. It is not known what gens he belonged to, though some give him the nomen Licinius.-As governor:...
.
During the time of Sulla, Afrania
Gaia Afrania
Gaia Afrania was the wife of the senator Licinius Buccio, and a very litigious woman. She always pleaded her own causes before the praetor, and thus gave occasion to the publishing of the edict which forbade all women to postulate. Afrania died in 48 BC.-References:...
, a senator's wife, appeared so often before the praetor that muliebris calumnia ("woman's calumny") became regarded as pernicious to the legal system. An edict was consequently enacted that prohibited women from bringing claims on behalf of others, though they continued to be active in the courts in other ways.
During the Imperial era
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
, a charge of calumnia could also result from an ill-considered accusation, even if made without malice
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
.