The centumviral court (''centumviri'') was the

chancery court The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of eq ...

(court of equity) of

ancient Rome In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...

. It was a court of

justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

dealing with

private law Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the st ...

(also known as civil law).

Evolution

The term ''centumviri'' means "100 men"; this was the original number of members from which pool the court was selected. The number of men of which the court consisted is not known. In the

Republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...

, the number increased to 105 and later still, during the

Empire An empire is a political unit made up of several territories, military outpost (military), outposts, and peoples, "usually created by conquest, and divided between a hegemony, dominant center and subordinate peripheries". The center of the ...

, to 180. The antiquity of the court is attested by the symbol and formula used in its procedure, the lance () as the sign of true ownership, the oath or wager (), the ancient formula for recovery of property or assertion of liberty. During the Empire, four courts were usually chosen from the pool, although the entire membership might sit in unusual cases. The ''

Decemviri The decemviri or decemvirs (Latin for "ten men") refer to official ten-man commissions established by the Roman Republic. The most important were those of the two decemvirates, formally the decemvirate with consular power for writing laws () w ...

'' (ten men) presided over the court from the Augustan period. Membership of this council was considered to be a standard position for those embarking on the ''

cursus honorum The , or more colloquially 'ladder of offices'; ) was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The comprised a mixture of ...

''. A number of notable

orator An orator, or oratist, is a public speaker, especially one who is eloquent or skilled. Etymology Recorded in English c. 1374, with a meaning of "one who pleads or argues for a cause", from Anglo-French ''oratour'', Old French ''orateur'' (14 ...

s appeared in this court, including

Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...

Tacitus Publius Cornelius Tacitus, known simply as Tacitus ( , ; – ), was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historians by modern scholars. Tacitus’ two major historical works, ''Annals'' ( ...

and

Pliny the Younger Gaius Plinius Caecilius Secundus (born Gaius Caecilius or Gaius Caecilius Cilo; 61 – ), better known in English as Pliny the Younger ( ), was a lawyer, author, and magistrate of Ancient Rome. Pliny's uncle, Pliny the Elder, helped raise and e ...

Jurisdiction

The

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

of the court is unclear, although cases involving wills and

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...

were certainly part of the court's remit. The ''querela inofficiosi testamenti'' ("complaint about an undutiful will") was established by this court. However, it is uncertain whether this court was simply an alternative to the ''

iudex A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

'' or part of a more complex

judicial system The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. It has been suggested that cases before the ''centumviral court'' had a specific minimum value.

Location

In the second half of the 1st century the court met in the

Basilica Julia The Basilica Julia () was a structure that once stood in the Roman Forum. It was a large, ornate, public building used for meetings and other official business during the Roman Empire. Its ruins have been excavated. What is left from its classica ...

in the

Forum Forum or The Forum may refer to: Common uses *Forum (legal), designated space for public expression in the United States *Forum (Roman), open public space within a Roman city **Roman Forum, most famous example * Internet forum, discussion board ...

. It is likely that, like many such Roman institutions, the physical location of the court was apt to change.

Cicero's account

The ''centumviri'' were mainly concerned with the property of which account was taken at the

census A census (from Latin ''censere'', 'to assess') is the procedure of systematically acquiring, recording, and calculating population information about the members of a given Statistical population, population, usually displayed in the form of stati ...

. It was therefore in their power to make or unmake a citizen. They also decided questions concerning debt. Hence the

pleb In ancient Rome, the plebeians or plebs were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words "commoners". Both classes were hereditary. Etymology The precise origins of the grou ...

s had an interest in securing their decisions against undue influence. They were never regarded as magistrates, but merely as judices, and as such would be appointed for a fixed term of service by the magistrate, probably by the praetor urbanus. But in Cicero's time they were elected by the Comitia Tributa. They then numbered 105. Their original number is uncertain, although the centum (Latin for the number 100) portion of centumviri may provide a clue. It was probably increased by Augustus and in Pliny's time had reached 180. The office was probably open in quite early times to both patricians and plebeians. The term is also applied in the inscriptions of Veii to the municipal senates and Cures, which numbered 100 members.

Evolution

Jurisdiction

Location

Cicero's account

References

Further reading