Scripta+1+2017+Latin+2,3,&4

[|Roman social and political structure]Salvete, mei discipuli! Here we are again, another year, another Scripta.

Our first set of phrases are going to be legal Latin terms...why? Why not?

1.amicus curiae/amici curiae = friend of the court/friends of the court; is someone who is not a party to a case who offers information that bears on the case but that has not been sollicited by any of the parties to assist the court. This may be a legal scholar or an expert on some matter before the court. HIP HOP AMICI CURIAE [] argumentum a fortiori: an argument from the stronger i) If it is illegal to steal one apple then it is also illegal to steal ten apples (from smaller to bigger, a minore ad maius): ii) If you can drink ten sodas then it follows that you can drink five (from bigger to smaller, a maiore ad minus). [|http://legum.org/] amicable: able to be friends; friendly fortitude: strength When we left off last year,the monarchy was kaput ( take that Tarquin!). So, let's go in reverse for a moment and discuss the accomplishments of the monarchy: Servius Tullius: established the census and the Senate

Tarquin Superbus : last king of Rome ( Etruscan )/ rape of Lucretia

rise and fall

Lucius Junius Brutus #arealboss



2. casus belli: the occasion of war; a cause for going to war ; e.g. This yahoo threatening to harm our nation, our territories and our allies. Should he do so, we will retaliate...casus belli!

compos (or non compos) mentis: of composed ( or not of composed) mind; insane; not competent to conduct one's own affairs This young woman is non compos mentis bc she is talking to a fire hydrant which she has apparently dressed in a hat and a scarf. compose: to put together belligerent: war waging; prone to fighting, antagonistic

Tarquin the Proud didn't just lie down and give up his thrown. He found allies and he fought back. One of his most powerful allies was a man named Lars Porsenna, king of Clusium, an Etruscan town north of Rome. He was approached for help by Tarquin Superbus after he had been exiled from Rome. Porsenna agreed to raise an army and march against Rome, but he was held back by several heroic Romans. Eventually he will make peace with the Romans, and Tarquin was not restored to power. However first he had to face some very tough Romans, like Mucius Scaevola, who was terrifyingly brave.

Mucius Scaevola was a young Roman who formed a plan of saving Rome by assassinating Lars Porsenna in his camp shortly after the foundation of the Republic (approx 508 B.C.). When he was caught he was brought before Porsenna but to show his contempt for pain and torture, Mucius voluntarily placed his right hand in a fire and let it burn without showing the slightest trace of weakness. Even more impressed with this feat, Porsenna released Mucius. From that moment on, Mucius was nicknamed Scaevola ('left hand'), which is totally gangster.



3. actus reus: a guilty act; the objective element of a crime;the external element of a crime; this is the act itself mens rea : guilty mind; this is the intent mentality: the capacity of one's mind ;The prodigy has an astonishingly high mentality or the set of one's mind;the man has a conservative mindset/mentality. demented: out of ( away from) one's mind An emerging govt need its defenders, amd Rome had her fair share: Scaevola, and today's hero, Horatius Clocles( Horatius the One Eye... another totally gangster name! )at the Pons Sublicius. Lars Porsenna was marching on Rome, and was going to cross the bridge to enter the city. Horatius happened to be on guard at this bridge when the enemy's forces appeared. Most of the Roman soldiers panicked and retreated like an undisciplined rabble. Horatius stopped them as they ran across the bridge and urged them not to desert. He persuaded them that their only hope was to demolish the wooden bridge with axes or fire, while he himself would stand alone and delay the enemy's crossing as far as he was able. Two companions joined him; when only one last section of the bridge was barely intact, on Horatius' orders his two friends retreated to safety.

The Etruscans did not know what to think of one man making a stand against them. They certainly did not retreat but neither did they advance, ashamed at the thought of such unequal odds -- an army against one man. The will to win finally took over and they hurled their spears against the lone defender of the bridge. But as they attacked, the weakened bridge fell into the river with a crash. The Etruscans watched in amazement as Horatius prayed to Father Tiber and then, in full heavy armor, jumped into the river.

One version of the legend says that Horatius was able to reach Rome, saved by the river god himself, and that he was rewarded by a grant of all the land he could plow by himself in a day. Other versions say that he drowned in the river. In either case, the story of Horatius was told and retold to generation after generation, holding him up as an example of Roman dedication and inspiration. []


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http://archive1.village.virginia.edu/spw4s/RomanForum/GoogleEarth/AK_GE/AK_HTML/BR-008.html
 * [[image:duxfemina/pons sublicius caption="pons sublicius"]] ||
 * pons sublicius ||

99 problems but a bridge ain't one media type="file" key="01 - Problems (Clean).mp3" width="240" height="20"

Credit where credit is due: this song associated with our Horatius Clocles is brought to you by the creative team of Anthony Garofalo and Mason Smith 4. de facto = concerning fact; In fact; As a matter of fact; in practice but not necessarily ordained by law; in practice or actuality, but without being officially established; The de facto standard is a formal or informal standard that has a dominant position by cultural acceptance, market dominance, tradition or enforcement. Although segregation is illegal, many places in America remain //de facto// segregated. dictum/dicta (plural) = thing/things said; a statement of opinion or belief considered authoritative because of the dignity of the person making it. Doctors abide by Hippocrates //dictum// :"Physician, do no harm!"

factual: concerning that which it done; reality dictator: one who dictates; one who says what must be

After the monarchy: Rome was had a Republic, a form of representative democracy ( like what we have, sorta kinda!)
 * Republic 509-27 BC Latin- Res Publica, which is not a term meant to describe government]]
 * 1) The Republic is semi-democratic
 * 2) Not always a full democracy
 * 3) Res Publica means "common thing" public property, or public affairs, as opposed to private affairs.

Roman citizens (not slaves and not foreigners!) were free citizens and divided into two legal classes: The Patricians: these were the aristocrats; they were the very old land owning families and they were very much interconnected through marriage. A patrician married a patrician. They were the minority but yet they held most of the wealth and the power. They were the class who were allowed to hold most of the political offices. The Plebians: everybody else; these were the free working people. One could be a poor plebian, one could be a poor plebian, or a well-off plebian, but if one was born a plebian, one was going to die a plebian. There was not intermarriage among the classes for avery long time, in fact, for a long time it was forbidden by law. There was very little social mobility. plebs and patricians

roman social classes

5.

de iure: according to the law

in flagrante delicto = in the crime blazing : caught in the act of committing an offence: caught red-handed In 458 BC (according to tradition), Cincinnatus, who had been consul in 460 BCE, was plowing his fields when messengers arrived to tell him he had been named dictator to defend the city against the Aequi and the Volscians. He took up the supreme command, defeated Rome's enemies, freed the beseiged consul Minucius, and returned to his farm, all within 16 days. Further, he refused the honors that came with his military victories. Legend says he was named dictator a second time in 439 BC, but there is no foundation for this story.

George Washington was sometimes called an American Cincinnatus because he too held his command only until the defeat of the British and, at a time when he could have chosen to exercise great political power, instead returned as soon as he could to cultivating his lands. After the end of the Revolutionary War, a group of former officers in the (now) American army formed The

Society of the Cincinnati, taking the name from the Roman general. The city of Cincinnati was named after this organization, and a statue of Cincinnatus stands there today. george washington the American Cinncinatus

Society of the Cincinnati

"The American Cincinnatus, 1783" by Jean Leon Gerome Ferris “Having now finished the work assigned me, I retire from the great theatre of Action; and bidding an Affectionate farewell to this August body under whose orders I have so long acted, I here offer my Commission, and take my leave of all the employments of public life.” George Washington

6. In Camera = In the chamber: The hearing of a case in private with selected participans, without the facts being reported to the public: Often used when minors are involved.

In Curia = In open court: The hearing of a case before an open public court: The hearing of a case before a court sitting in public. Curia ( Senate house) in Rome

bicameral: having two chambers

Curia:the body of congregations, tribunals, and offices through which the pope governs the Roman Catholic Church; a group of officials who help the pope in governing the church

It was a struggle to establish the Republic, and there are several people who stand out. First, our old friend, Lucius Junius Brutus (#arealboss).

He is said to have been elected to the first consulship in that year and then to have condemned his own sons to death when they joined in a [|conspiracy]  to restore the Tarquins. Tradition holds that he was killed in single combat with Tarquinius Sextus ( the rapist) , the son of Tarquinius Superbus, during a battle with the Etruscans. He was credited with establishing many of the basic institutions of the Roman Republic. His statue, with sword bared for action, was erected on the Capitol among those of the kings. https://www.britannica.com/topic/Lucius-Junius-Brutus-legendary-Roman

[|life of Brutus]

khanacademy brutus

The Lictors Bring to Brutus the Bodies of his Sons Jaques Louis David

7. habeas corpus = You (shall) have the body; Produce the body: a court order instructing that a person under arrest be brought before a judge; A document or instruction which directs a person to produce someone held in custody before the court; legal action to seek relief from unlawful detention. It is a legal instrument to protect the individual against arbitrary state action.

magna carta=The great charter ( Magna Carta Liberatum: the Great Charter of Freedom); bound the king to laws

corpulent: having a lot of body; fat magnate:a person of great influence, importance, or standing in a particular enterprise, field of business,etc.:a railroad magnate

The consuls were the chief executives ; there were two and they served for a year. [|http://ocw.nd.edu/classics/history-of-ancient-rome/lectures-1/the-early-roman-republic-the-struggle-of-the] lictors and fasces: The word lictor may be derived from the Latin verb //ligare//, which means "to bind". This is sometimes said to refer to the fasces they carried, which were a set of rods that were bound in the form of a bundle, and contained an ax. In other words, the lictor was the man who prepared the //fasces//, the "binder", or had to -according to other sources- bind the hands of criminals. Lictors had several tasks. In the first place, they had to stand next to the magistrate when he addressed the crowd. This explains why the speaker's platform on the Roman Forum (//Rostra//) is so large: not only the consul had to stand over there, but his entire escort as well. When the magistrate left the Forum, or arrived, the lictors had to make room. This also implied minor jobs like opening gates and knocking on doors. The lictor was also responsible for the safety of the magistrate when he was at home. We read about visits to temples, theaters and even baths. Lictors were also responsible for arresting and punishing people. This was the function implied in the fasces: the rods could be used to lash people, the ax to execute them. Probably, this last task had already become a dead letter by the middle of the fifth century. After the Laws of the twelve tables, no Roman magistrate could summarily execute a Roman citizen. [|www.livius.org]Consuls had 12 lictors...it is a show of power. fasces lictors on a coin lictors on the march
 * 1) Had power of //imperium// outside of city walls, which meant military command[[image:pomerium.gif width="800" height="625"]]
 * 2) Inside of the city, they acted as judges, introduced legislation, and summoned legislative body, the //comitia centuriata//.
 * 3) Resembled kings vaguely: wore purple, attended by lictors and carried fasces, sat on portable thrones, //sella curulis//.
 * 4) Different from kings: there were 2 of them, did not have the religious function of kings, were elected annually.

[|faces as a symbol of power ( and the eagle) a 2fer] 8. cui bono? good for whom? Suggests that the perpetrator(s) of a crime can often be found by investigating those who would have benefited financially from the crime, even if it is not immediately obvious.

[|hostis humani generis] : an enemy of the human race; A party considered to be the enemy of all nations, such as maritime pirates.

hostility: unfriendliness; acting like an enemy humane: behaving like a human being with a soul and a conscience, and not like a savage animal

THE ROMAN SENATE from the Latin Senex (for elder or council of elders) was a deliberative governing body. Its important to note the difference between deliberative and legislative, in that the Senate itself didn't propose legislation; though magistrates with the Senate, such as Consuls, did. The body of the senate deliberated these proposals, and along with the later Tribunes of the Plebs, approved or vetoed the various laws. The Senate and the Roman People (SPQR, or Senatus Populusque Romanus), described the distinction in class between the Senate and common people. The Roman People consisted of all citizens who were not members of the Senate. So, what this means is that their role was to advise the consul, not to create legislation. British Parliment

The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. There were two types of Roman assembly. The first was the comitia, which was an assembly of Roman citizens. Here, Roman citizens gathered to enact laws, elect magistrates, and try judicial cases. The second type of assembly was the council (concilium), which was an assembly of a specific group of citizens.For example, the "Plebeian Council" was an assembly where Plebeians gathered to elect Plebeian magistrates, pass laws that applied only to Plebeians, and try judicial cases concerning Plebeians. A convention (conventio), in contrast, was an unofficial forum for communication, where citizens gathered to debate bills, campaign for office, and decide judicial cases. The voters first assembled into conventions to deliberate, and then they assembled into committees or councils to actually vote.In addition to the curiae (familial groupings), Roman citizens were also organized into centuries (for military purposes) and tribes (for civil purposes). Each gathered into an assembly for legislative, electoral, and judicial purposes. The Centuriate Assembly was the assembly of the Centuries, while the Tribal Assembly was the assembly of the Tribes. Only a block of voters (Century, Tribe or Curia), and not the individual electors, cast the formal vote (one vote per block) before the assembly. The majority of votes in any Century, Tribe, or Curia decided how that Century, Tribe, or Curia voted.

And more simply

[|not very exciting, but quite informative] https://en.wikipedia.org/wiki/Roman_assemblies 9. et ux.=et uxor: and wife appears on deeds to real estate and cars and in the databases and tomb-like entry books that municipalities use to keep track of who owns what. Although it is less common these days than it used to be, lawsuits filed by a husband and wife are still identified by the husband's name et ux. []

per capita = for each head; for each person; By heads: eg the cost is $20 per capita - $20 each person

uxorious: having or showing an excessive or submissive fondness for one's wife. decapitate: to remove the head

The Conflict of the Orders One of the most important developments during the early history of the Roman Republic was the "Conflict of the Orders." Between 500 and 300 B.C., there developed within the body of the citizenry, a division between two social groups or classes: patricians and plebeians. Legally defined, that is, defined by the Roman constitution, the patricians were a small group of citizens -- they represented less than 10% of Rome's population -- who were legally and socially superior to the majority of citizens. They had earned their position through wealth or the ownership of land. The patricians held a monopoly of social, political and economic power even though they were outnumbered by the plebeians. The plebeians were those citizens who lacked power although in their composition their ranks included everyone from landless peasant to the very wealthy individual who wanted to become a patrician. The "Conflict of the Orders" – a struggle between patrician and plebeian – developed over the issue of legality. Remember, whether you were a patrician or plebeian was determined by law and not tradition or custom. As an aristocracy – that is, the rule of the few – only the patricians could belong to the Senate. The plebeians had the right to vote in the Assembly, but their votes were usually swayed by the class of patricians, their social superiors. And since the wealthier citizens of the Senate always voted first, they usually did so as an effective block against other groups. In 494 B.C., the plebeians threatened to leave Rome and set up their own independent state (concilium plebis). What the plebeians did was to literally create a state within a state. Their object was to acquire protection against the unjust and arbitrary acts of the Senate and consuls. In the end, the Roman constitution was modified to meet a few of the demands of the plebeians, but the patricians retained their measure of full control. What the plebeians gained was right to elect two representatives -- the tribunes of the plebes (later there were ten tribunes). In typical Roman fashion, the Roman Senate compromised with the plebeians. It was the tribune who perhaps held the most important political power in the early centuries of the Republic. They had absolute veto power; they could not be called to account for their actions; and they could not be harmed in any way even touched. The only actions a tribune could not veto were those of military commanders or dictators.

10. modus operandi = the manner of working. (m.o.) The Night Stalker aka Richard Ramirez was a serial killer in Los Angeles in the 80's. His modus operandi was to sneak into a house at night, shoot the man and assault and murder the woman ( he's dead, kids, don't worry, he died in prison, where he belonged). Since there was a number of crimes with the same m.o., the police knew these crimes were being committed by the same person.

quid pro quo = what for what; something for something. Senator Bob Menendez of New Jersey is currently on trial for corruption.According to the New York Times " Mr. Menendez stands accused of using his position to advance the interests of Dr. Salomon Melgen, a friend and political patron, in exchange for luxury vacations and hundreds of thousands of dollars of campaign support." That''s the so called quid ...and this is the alleged quo:

"Prosecutors have alleged  the senator pushed a port security deal on Dr. Melgen’s behalf, to change a Medicare policy that would have benefited him and that he helped get visas for Dr. Melgen’s college-aged girlfriends, who were models in Brazil, Ukraine and the Dominican Republic." ummmhmmm

Receiving the gifts is not illegal, but the question is whether there was quid pro quo, because that, my friends, is corruption.

mode: a manner of doing something

a mode of transportation

quidnunc: a busy body, a gossip, a buttinski( that's not a real word)

a reproduction



What are the 12 Tables and why did the Roman have them? Who wrote them?
 * 1) Plebeians were unhappy with patrician stranglehold on legal authority.
 * 2) Laws of state codified( written down...on 12 big bronze things), by a board of ten men, decemviri.
 * 3) Resulted in the 12 Tables 451-449 BCE.
 * 4) Constitutional in nature, but not a constitution
 * 5) Was concerned with family, inheritance, and property
 * 6) Made the last enactment by a popular assembly the law.

**The significance of the 12 Tables is** **that the judge can no longer exercise his arbitrary will and is bound to the l****aw( rule of law, not rule of men!!!).**
 * The Twelve Tables were written by the Decemviri Consulari** **Imperio Legibus Scribundis,(the 10 Consuls) who were given** **unprecedented powers to draft the laws of the young Republic.Originally** **ten laws were drafted ; two later statutes were added** **prohibiting marriage between the classes and affirming the binding** **nature of customary law. The new code promoted the** **organization of public prosecution of crimes and instituted a system**
 * whereby injured parties could seek just compensation in** **civil disputes. The plebeians were protected from the legal abuses of** **the ruling patricians, especially in the enforcement of** **debts. Serious punishments were levied for theft and the law gave male** **heads of families enormous social power (patria** **potestas).The important basic principle of a wriiten legal code for** **Roman law was established, and justice was no longer based** **solely on the interpretation of judges.** These laws formed an important part of the foundation of all subsequent Western civil and criminal law.

[] Who are the decemviri and what happened to them? In 452 BC the plebeians and patricians of Rome agreed to the appointment of a commission of ten men to write up a code of law defining the principles of Roman administration; during the decemviri's term in office, all other magistracies would be suspended, and their decisions were not subject to appeal. The first set of decemviri, composed entirely of patricians, assumed office in 451 BC, and was led by Appius Claudius Crassus and Titus Genucius Augurinus, who were consuls for that year. Each decemvir administered the government for one day in turn, and whichever decemvir presided on any given day was preceded by the twelve lictors bearing the fasces; none of the other decemviri received any protection from the lictors. Their administration of justice was exemplary and they submitted to the Comitia Centuriata a code of laws in ten headings, which was passed. The success of the Decemvirate prompted the appointment of a second college of decemviri for 450 BC (Appius Claudius being the only decemvir returned after having controversially reappointed himself). This second set added two more headings to their predecessors' ten, completing the Law of the Twelve Tables (Lex Duodecim Tabularum), which formed the centerpiece of the Roman constitutions for the next several centuries. Nevertheless, this Decemvirate's rule became increasingly violent and tyrannical; each decemvir was attended by twelve lictors, who carried the fasces with axes even within the city (consuls and dictators alone were attended by twelve lictors, and only the dictator could display the fasces with axes within the pomerium). When the Decemvirate's term of office expired, the decemviri refused to leave office or permit successors to take office. Appius Claudius is said to have made an unjust decision which would have forced a young woman named Verginia into prostitution or as Appius' personal slave, prompting her father to kill her, and this travesty caused an uprising against the Decemvirate; the decemviri resigned their offices in 449 BC, and the ordinary magistrates (magistratus ordinarii) were re-instituted

and here they are : the 12 Tables

THAT IS IT FOR THE TEST!!!!!!!