Lex Cincia
Encyclopedia
Lex Cincia was a plebiscite (law passed by the Plebeian Council
) passed in 204 BC, and was intended to reform the legal system of the Roman Republic
. One provision of this law forbade lawyers from being compensated after pleading a case. By the time of the first Roman Emperor
, Augustus
, this law was confirmed by a decree of the Roman Senate
(senatus consultum) and a penalty of four times the sum received was imposed on the lawyer. This was a part of Augustus' attempt to restore the ancient virtues of the republic. By the time of the emperor Claudius
, this law had been modified to allow the lawyer to receive a payment of up to ten thousand sesterces
. If he took any sum beyond that, he was liable to be prosecuted. By the time of the emperor Trajan
, lawyers were not allowed to be paid until their work was done.
The restrictions on compensation for pleading a case typically concerned the early stages of the case, although some provisions applied beyond these early stages. Some provisions applied to gifts in general. Small gifts could be given freely, but large gifts required certain formalities. One common formality was known as In Jure Cessio, which was an ancient legal doctrine, dating back to the Twelve Tables
of 450 BC. In this process, the lawyer would claim the right to the gift in the presence of a Roman Magistrate and the person making the gift. The magistrate would ask the owner for a defense, the owner would not claim one, and the gift would be transferred to the lawyer. This was intended to prevent foolish and hasty gifts of a large amount, and also to prevent fraud. These same provisions applied equally to relatives. The emperor Antoninus Pius
introduced an exception in favor of parents and children, and also of other close relatives, although this exception appears to have been subsequently abolished, and then restored by the emperor Constantine
in 319.
Plebeian Council
The Concilium Plebis — known in English as the Plebeian Council or People's Assembly — was the principal popular assembly of the ancient Roman Republic. It functioned as a legislative assembly, through which the plebeians could pass laws, elect magistrates, and try judicial cases. The Plebeian...
) passed in 204 BC, and was intended to reform the legal system of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
. One provision of this law forbade lawyers from being compensated after pleading a case. By the time of the first Roman Emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
, Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...
, this law was confirmed by a decree of the Roman Senate
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
(senatus consultum) and a penalty of four times the sum received was imposed on the lawyer. This was a part of Augustus' attempt to restore the ancient virtues of the republic. By the time of the emperor Claudius
Claudius
Claudius , was Roman Emperor from 41 to 54. A member of the Julio-Claudian dynasty, he was the son of Drusus and Antonia Minor. He was born at Lugdunum in Gaul and was the first Roman Emperor to be born outside Italy...
, this law had been modified to allow the lawyer to receive a payment of up to ten thousand sesterces
Sestertius
The sestertius, or sesterce, was an ancient Roman coin. During the Roman Republic it was a small, silver coin issued only on rare occasions...
. If he took any sum beyond that, he was liable to be prosecuted. By the time of the emperor Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...
, lawyers were not allowed to be paid until their work was done.
The restrictions on compensation for pleading a case typically concerned the early stages of the case, although some provisions applied beyond these early stages. Some provisions applied to gifts in general. Small gifts could be given freely, but large gifts required certain formalities. One common formality was known as In Jure Cessio, which was an ancient legal doctrine, dating back to the Twelve Tables
Twelve Tables
The Law of the Twelve Tables was the ancient legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic and the core of the mos maiorum...
of 450 BC. In this process, the lawyer would claim the right to the gift in the presence of a Roman Magistrate and the person making the gift. The magistrate would ask the owner for a defense, the owner would not claim one, and the gift would be transferred to the lawyer. This was intended to prevent foolish and hasty gifts of a large amount, and also to prevent fraud. These same provisions applied equally to relatives. The emperor Antoninus Pius
Antoninus Pius
Antoninus Pius , also known as Antoninus, was Roman Emperor from 138 to 161. He was a member of the Nerva-Antonine dynasty and the Aurelii. He did not possess the sobriquet "Pius" until after his accession to the throne...
introduced an exception in favor of parents and children, and also of other close relatives, although this exception appears to have been subsequently abolished, and then restored by the emperor Constantine
Constantine I
Constantine the Great , also known as Constantine I or Saint Constantine, was Roman Emperor from 306 to 337. Well known for being the first Roman emperor to convert to Christianity, Constantine and co-Emperor Licinius issued the Edict of Milan in 313, which proclaimed religious tolerance of all...
in 319.