The Ancient Library
 

Scanned text contains errors.

On this page: Cornelia – Cornelia Baebia De Ambi – Cornelia Et Caecilia – Curiata Lex – Curiata Lex – Decemviralis – Decia – Didia – Domptia De Sacerdot Us – Duilia – Duilia Maenia – Duodecim Tabularum

688 LEX DUODKCIM TABULARUM.

t,\vo hundred members were present and after­wards approved by the people ; and it enacted that no Tribune should put his veto on such a Sena-•tusconsultum. (Ascon. in Cic. Cornel, pp. 57,58.) There was also a Lex Cornelia concerning the wills of those Roman citizens who died in cap­tivity (apud hostes). [legatum, p. 676, b; post-

LIM1NIUM.]

CORNELIA de Novis ta&ellis, proposed by the Tribune P. Cornelius Dolabella, b.c. 47, and opposed by M. Antonius, Magister Equiturn. (Liv. Epit. 113; Dion Cass. xlii. 32; Pint. Anton.Q.}

CORNELIA ET CAECILIA de cn. pom-peio, b. c. 57, gave Cn. Pompeius the superintend­ence over the lies Frumentaria for five years, with extraordinary powers. (Cic. ad Alt. iv. 1 ; Liv. Epit. 104 ; Dion Cass. xxxix. 9 ; Pint. Pomp.

4!).) [FlUJMENTARLAE LEGES.]

CURIATA LEX de imperio. [impe­ril'm.]

CURIATA LEX de adoptionb. [Aoop-tio ; and Gcll. v. 19; Cic. ad Att. ii. 7; Sueton. Aug. 65 ; Tacit. Hist. i. 15.]

CORNELIA BAEBIA DE AMBITU, pro­posed by the consuls P. Cornelius Cethegus and M. Baebius Tamphilus, b.c. 181. (Liv. xl. 19 ; Schol. Bob. in Cic. pro Sulla, p. 361, ed. Orelli.) This law is sometimes, but erroneously, attributed to the consuls of the preceding year, L. Aemilius and Cn. Baebius. [ambitus.]

DECEMVIRALIS. [lex duodecim ta­bularum.]

DECIA de duumviris navalibus (Liv. ix. 30 ; see A til i a marcia).

DIDIA. [SlIMTUARIAE LEGES.]

DOMPTIA DE SACERDOT US. [sacer-

DOTIA.]

DUILIA (b. c. 449), a plebiscitum proposed by the Tribune Duilius, which enacted " qui plebem sine tribunis reliquisset, quique magistratum sine provocatione creasset, tergo ac capite puniretur." (Liv. iii. 55.)

DUILIA MAENIA de unciario foenore b.c. 357. (Liv. ii. 16, 19.)

The same tribunes Dtlilius and Maenius carried a measure which was intended in future to prevent such unconstitutional proceedings as the enactment of a Lex by the soldiers out of Rome, on the pro­posal of the Consul. (Liv. vii. 16.)

DUODECIM TABULARUM. In the year B. c. 462 the Tribune C. Terentilius Arsa pro­posed a rogation that five men should be ap­pointed for the purpose of preparing a set of laws to limit the Imperium of the consuls. (Liv. iii. 9.) The Patricians opposed the measure, but it was brought forward by the tribunes in the following rear with some modifications: the new rogation

*/ o

proposed that ten men should be appointed (legurn latot'cs) from the plebs and the patricii, who were to make laws for the advantage of both classes, and for the " equalizing of libert}*," a phrase the im­port of which can only be understood by reference to the disputes between the two classes. (Liv. ii. 10 ; Dionys. x. 3.) According to Dionysius (x. 52, 54) in the year b.c. 454 the Senate assented to a Plebiscitum, pursuant to which commissioners were to be sent to Athens and the Greek cities generally, in order to make themselves acquainted with their laws. Three commissioners were ap­pointed for the purpose. On the return of the tomniisaiouers, b. c. 452, it was agreed that persons

LEX DUODECIM TABULARUM.

should be.appointed to draw up the code of laws (decemviri Legibus scribimdis), but they were to be chosen only from the Patricians, with a provi­sion that the rights of the Plebeians should be respected by the decemviri in drawing up the laws. (Liv. iii. 32, &c.) In the following year (b.c. 451) the Decemviri were appointed in the Comitia Centuriata, and during the time of their office no other magistratus Avere chosen. The body consisted of ten Patricians, including the throe commissioners who had been sent abroad: Appius Claudius, Consul designatus, was at the iiead of the body. The Ten took the administration of affairs in turn, and the Insignia of office were only used by him who for the time being directed the ad­ministration. (Liv. iii. 33.) Ten Tables of Laws were prepared during the year, and after being approved by the Senate were confirmed by the Comitia Centuriata. As it was considered that some further Laws \vere wanted, Decemviri were again elected b.c. 450, consisting of Appitis Clau­dius and his friends: but the second body of Decemviri comprised three plebeians, according to Dionysius (x. 58), but Livy (iv. 3) speaks only of Patricians. Two more Tables were added by these Decemviri, which Cicero (de Repub. ii. 37) calls " Duae tabulae iniquarum legum." The pro­vision which allowed no connubium between the Patres and the Plebs is referred to the Eleventh Table. (Dirksen, Uebcrsic/tt, &c., p. 740.) The whole Twelve Tables were first published in the consulship of L. Valerius and M. Horatius after the downfall of the Decemviri, b. c. 449. (Liv. iii. 54, 57.) This the first attempt to make a code remained also the only attempt for near one thou­sand years, until the legislation of Justinian. The Twelve Tables arc mentioned by the Roman writers under a great variety of names : Leycs De-cemvirales, Lex Dccemvirulis, Leges XII., Lex XII. tabularam or Ditodectin^ and sometimes they are referred to under the names of Leges and Lex simply, as being pre-eminently The Law.

The Laws were cut on bronze tablets and put up in a public place. (Liv. iii. 57; Diod. xii. 56.) Pomponius (Dig. 1. tit. 2. s. 2. § 4) states that the first Ten Tables were on ivory (tabulae eborcac): a note of Zimmern (Gcsch. des Rom. Privatrechts, vol.i. p. 101) contains references to various autho­rities which treat of this disputed matter. After the burning of the city by the Gauls (Liv. vi. 1), an order was made to collect the old foedera and leges ; for, as it has been well remarked, Livy"3 words, which are supposed to imply that the Twelve Tables were lost, and restored or recon­structed, may just as Avell mean that they were not lost. Indeed, the juster interpretation of the passage is, that they were looked for and were found. However this may be, neither the Romans of the age of Cicero nor at any time after had any doubt as to the genuineness of the collection Avhich then existed.

The legislation of the Twelve Tables has been a fruitful matter of speculation and inquiry to modern historians and jurists, who have often handled the subject in the most uncritical manner and with utter disregard to the evidence. As to the mis­sion to the Greek cities, the fact rests on as much and as good evidence as most other facts of the same age, and there is nothing in it improbable, though we do not know what the commissioners brought back with them. It is further said that

Pages
About | First | English Index | Classified Index | Latin Index | Greek Index

687

688

689
letter/word  
page #  
Search this site
Google


ancientlibrary.com
WWW
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of Isidore-of-Seville.com.