In
Roman law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
during the
Republic, ''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 or unfounded accusations or false allegations or false claims. They can occur ...
, 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 crimin ...
. The English word "
calumny
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
" derives from the Latin.
The Roman legal system lacked state
prosecutors; 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
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 discharge vari ...
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, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the esta ...
was among his team of six advocates. Scaurus was charged under the ''
Lex Iulia de repetundis
The ("Julian law on corruption") was a foundational corruption law of the late Roman Republic and the Roman Empire. Its provisions covered all magistrates, governors, and the family and employees thereof. Covered persons were prohibited of tak ...
'' for alleged misconduct during his
governorship
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of
Sardinia
Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label=Algherese and Catalan) is the second-largest island in the Mediterranean Sea, after ...
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
Gaius Verres (c. 120–43 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 adv ...
.
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.
[Mousourakis, ''The Historical and Institutional Context of Roman Law'', p. 317.]
See also
*
Roman litigation The history of Roman law can be divided into three systems of procedure: that of '' legis actiones'', the formulary system, and '' cognitio extra ordinem''. Though the periods in which these systems were in use overlapped one another and did not ha ...
References
{{Reflist
Roman law