Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

during 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 ...

, ''calumnia'' was the willful bringing of a

false accusation A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations, unfounded accusations, false allegations, false claims or unsubstantiated al ...

, that is,

malicious prosecution Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action ( civil or crim ...

. The English word "

calumny Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

" derives from the Latin. The Roman legal system lacked state

prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

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 Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

. The person found guilty of ''calumnia'' was subject to the same punishment the person he falsely accused would have received.

Notable cases

One particularly well-documented trial that resulted in ''calumnia'' was that of M. Aemilius Scaurus, the

praetor ''Praetor'' ( , ), also ''pretor'', was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected ''magistratus'' (magistrate), assigned to disch ...

of 56 BC, who spoke in his own defense.

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 ...

was among his team of six advocates. Scaurus was charged under the '' Lex Iulia de repetundis'' for alleged misconduct during his governorship of

Sardinia Sardinia ( ; ; ) is the Mediterranean islands#By area, second-largest island in the Mediterranean Sea, after Sicily, and one of the Regions of Italy, twenty regions of Italy. It is located west of the Italian Peninsula, north of Tunisia an ...

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 The (; , though sometimes referred to as " knights" in English) constituted the second of the property/social-based classes of ancient Rome, ranking below the senatorial class. A member of the equestrian order was known as an (). Descript ...

'', 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 Gaius Verres ( 114 – 43 BC) was a Roman magistrate, notorious for his misgovernment of Sicily. His extortion of local farmers and plundering of temples led to his prosecution by Cicero, whose accusations were so devastating that his defence advo ...

. During the time of

Sulla Lucius Cornelius Sulla Felix (, ; 138–78 BC), commonly known as Sulla, was a Roman people, Roman general and statesman of the late Roman Republic. A great commander and ruthless politician, Sulla used violence to advance his career and his co ...

, 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.Mousourakis, ''The Historical and Institutional Context of Roman Law'', p. 317.

References

{{Reflist Roman law

Notable cases

See also

References