ABSTRACT
In the Roman legal system, all private and public legal disputes were initiated by individuals against other individuals, all of whom became litigants once the matter was brought before the magistrate. Hence, for this examination of the Roman courtroom the litigant is of critical importance. Without him, there would be no case for the judge to consider, no arguments for the advocates to press, and no theatrics for the audience to enjoy. And yet, within this study’s sources the litigant is a shadowy figure. This paucity of information is partially due to the boundaries I have set. The most mentioned litigants are those tried before the senatorial court. The best source, Tacitus’ Annales, is full of accounts of men, and some women, hauled before the senate on charges ranging from treason to adultery. Even those cases of a politically charged nature, which Tacitus does not specifically place within the senate, were likely held here, Tacitus being silent on the point merely to avoid stating the obvious.1 Since this study is not considering the senate as a court, almost all the cases mentioned in the Annales are beyond its scope.
