The Ancient Library

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Cass. Iviii. 21.) The beneficium of the lex was extended to the provinces by the imperial consti­tutions. (Cod. 7. tit. 71. s. 4.)

caducaria is the same as the lex julia de fa pi a poppaea.

de caede et veneficio (Sueton. Nero^ c. 33), perhaps the same as the Lex De Vi Pub-lica.

de civitate, was passed in the consulship of L. Julius Caesar and P. Rutilius Lupus, b. c.


de fenore, or rather De Pecuniis Mutuis or Creditis (b. c. 4-7), passed in the time of Julius Caesar (Sueton. Caes. c. 42 ; Caesar, de Bell. Civil. iii. 1). The object of it was to make an arrange­ment between debtors and creditors, for the satis­faction of the latter. The possessiones and res were to be estimated at the value which they had before the civil war, and to be surrendered to the creditors at that value; whatever had been paid for interest was to be deducted from the principal. The result was that the creditor lost about one-fourth of his debt; but he escaped the loss, usually consequent on civil disturbance, which would have been caused by Novae Tabulae. (Com­pare Caesar, de Bell. Civ. iii. 1, with Sueton. Cues. c. 42.) A passage of Tacitus {Ann. vi. 16) is .sometimes considered as referring to this lex, and sometimes to the Lex de Bonis Cedendis ; but it does not seem to refer to either of them. The passage of Dion Cassius (Iviii. 21. Ilepl twv truyugoAaicoy) seems to refer to this Lex de Mutuis Pecuniis.

de fundo dotali. The provisions as to the Fundus Dotalis were contained in the Lex Julia de Adulteriis. (Gaius, ii. 63 ; Paulus, S. R. ii. tit. 21. s. 2 ; Dig. De Fundo Dotali, 23. tit. 5. s. 1, 2, 13.) This Julia Lex was commented on "by Papinian, Ulpian, and Paulus. [adulterium.j

judiciariae. The lex referred to in the Digest (4. tit. 8. s. 41) by which a person under twenty years of age was not compelled to be a judex, is probably one of the Leges Juliae Judiciariae. (Gell. xiv. c. 2.) As to the other Juliae Leges Judiciariae, see judex.

de liberis legationibus. (Cic. ad Ait. xv. 11.) [legatus.]

majestatis. (Cic. Phil. i. 91.) The Lex Majestatis of the Digest (48. tit. 4) is probably a lex of Augustus. [majestas.]

de maritandis ordinibus. [julia et pa pi a poppaea.]

municipalis, commonly called the Table of Heraclea. In the year 1732 there were found near the Gulf of Tarentum and in the neighbour­hood of the ancient city of Heraclea, large frag­ments of a bronze tablet which contained on one side a Roman lex and on the other a Greek in­scription. The whole is now in the Museo Bor-bonico at Naples. The lex contains various pro­visions as to the police of the city of Rome, and as to the constitution of communities of Roman citi­zens (inunicipia-) coloniae, praefecturae, fora, con-ciliabula civium Romanorum}. It was accordingly a lex of that kind which is called Satura.

It is somewhat difficult to determine the date of this lex, but there seem to be only two dates which can be assumed as probable; one is the time immediately after the Social War, or shortly after B. c. 89 ; the other is that which shortly followed the admission of the Transpadani to the civitas (b, c.


49). This latter date, in favour of which various considerations preponderate, seems to be fixed about the year b. c. 45 by a letter of Cicero (ad Fam. vi. 18). Compare the tablet 1. 94, 104, as to persons whom the lex excluded from the office of decurio.

It seems that the lex of the year b. c. 49, which gave the civitas to the Transpadani, enacted that a Roman commissioner should be sent to all the towns for the purpose of framing regulations for then' municipal organization. The Lex Julia empowered the commissioners to continue their labours for one year from the date of the lex, the terms of which were so extended as to comprise the whole of Italy. The lex was therefore appro­priately called Municipalis, as being one which established certain regulations for all municipia ; and this sense of the term municipalis must be dis • tinguished from that which merely refers to the local usages or to the positive laws of any given place, and which is expressed by such terms as Lex Municipii, Lex Civitatis, and other equivalent terms.

The name Lex Julia rests mainly on the fact (assumed to be demonstrated) that this lex was passed when Julius Caesar was in the possession of full power, that it is the lex referred to by Cicero, and that it is improbable that it would have been called by any other personal appellation than that of Julia. It is further proved by a short inscription found at Padua in 1696, that there was a Lex Julia Municipalis ; and the contents of the inscrip­tion (nil vir aediliciae. potestat. e lege. Julia Municipali) compared with Cicero (eratque rumor de Transpadanis eos jussos nil viros creare, ad Att. v. 2) render it exceedingly probable that the Lex Julia Municipalis of the inscription is the lex of the Table of Heraclea, and the Lex Municipalis of the Digest (50. tit. 9. s. 3 ; Cod. 7. tit. 9. s. 1 ; and Dig. 50. tit. 1. Ad Municipalem et de Incolts). (Savigny, Volkssclduss der Tafel von Heraclea, Zeitsclirijt, vol. ix. p. 300, and vol. xi. p. 50, as to the passage of Sueton. Caesar. 41. The tablet is printed in the work of Mazochi, Comm. in aencas Tab. Heracl. p. 1, 2. Neap. 1754, 1755, fol., with a commentary which contains much learning, but no sound criticism).

julia et papia poppaea. The history of this lex is not quite clear. Augustus appears to have caused a lex to be enacted about b. c. 18, which is cited as the Lex Julia de Maritandis Ordinibus (Dig. 38. tit. 11 ; 23. tit. 2), and is re­ferred to in the Carmen Seculare of Horace, which was written in the year b. c. 17. The object of this lex was to regulate marriages as to which it contained numerous provisions ; but it appears not to have come into operation till the year b. c. 13. Some writers conclude from the passage in Sueto­nius (August. 34) that this lex was rejected; arid add that it was not enacted until a. d. 4. In the year A. d. 9, and in the consulship of M. Papius Mutilus and Q. Poppaeus Secundus (con-sules suffecti), another lex was passed as a kind of amendment and supplement to the former lex, and hence arose the title of Lex Julia et Papia Pop-paea by which these two leges are often quoted ; for it has been inferred from the two Leges being separately cited that they were not made into one. Various titles are used according as reference is made to the various provisions ; sometimes the re­ference is to the Lex Julia, sometimes Papia Pop-

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