The ''lex Calpurnia de repetundis'' ("''law of Calpurnius for the recovery of property"'') was a
Roman law sponsored in 149 BC by the
tribune of the plebs Lucius Calpurnius Piso. It established the first permanent criminal court in Roman history, in order to deal with the growing number of crimes committed by
Roman governors
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.
The generic term in Roman legal language was '' Rector provinciae ...
in the
provinces. The ''lex Calpurnia'' was a milestone in both Roman law and politics.
Before the ''lex Calpurnia'', criminal cases were investigated by ad-hoc courts before one of the
legislative assemblies, which were subject to emotion and
rhetorical device
In rhetoric, a rhetorical device, persuasive device, or stylistic device is a technique that an author or speaker uses to convey to the listener or reader a meaning with the goal of persuading them towards considering a topic from a perspective, ...
s. Instead, the permanent court created by this law was presided by a
praetor with a jury composed of
senators, who therefore had to judge their peers. It appears that the scope and the penalty were very limited, as officials could only be sued for extortion, and they could only be forced to give back what they had stolen, without additional compensation. Moreover, provincial claimants had to be represented by a Roman
patron at the court. Considering the restrictions of the ''lex Calpurnia'' and the fact that its author was a conservative, it has been suggested that Piso actually wanted to reinforce the powers of the Senate over the assemblies and the tribunes of the plebs.
However, the ''lex Calpurnia'' came to be used as a political weapon between senatorial factions. Two famous trials of the 130's BC indeed show that prominent politicians such as
Metellus Macedonicus and
Scipio Aemilianus prosecuted their enemies through the extortion court. Political interests then led to repetitive amendments of the ''lex Calpurnia'', notably by increasing the penalties and altering the composition of the jury. The backbone of the law nevertheless remained in place well into the
Roman Empire.
Background
After the first two
Punic Wars
The Punic Wars were a series of wars between 264 and 146BC fought between Roman Republic, Rome and Ancient Carthage, Carthage. Three conflicts between these states took place on both land and sea across the western Mediterranean region and i ...
, the
Roman Republic rapidly expanded outside Italy in
Sicily,
Sardinia and Corsica,
Cisalpine Gaul
Cisalpine Gaul ( la, Gallia Cisalpina, also called ''Gallia Citerior'' or ''Gallia Togata'') was the part of Italy inhabited by Celts (Gauls) during the 4th and 3rd centuries BC.
After its conquest by the Roman Republic in the 200s BC it was con ...
, and
Hispania Citerior
Hispania Citerior (English: "Hither Iberia", or "Nearer Iberia") was a Roman province in Hispania during the Roman Republic. It was on the eastern coast of Iberia down to the town of Cartago Nova, today's Cartagena in the autonomous community of ...
and