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On this page: De Magistris Aquarum – Licinia De Creandis Triu – Liviae – Mamilia Dejugurthae Faut – Manilia – Manilia De Libertinorum – Manlia

694

LEX LICINIA.

effect that instead of Duumviri sacris faciundis, Decemviri should be elected, and that half of them should be Plebeians. In the year b. c. 366, when Licinius and Sextius had been elected Tribuni for the tenth time, the law was passed as to the De­cemviri, and five plebeians and five patricians were elected, a measure which prepared the way for the plebeians participating in the honours of the con­sulship. The Rogationes of Licinius were finally carried, and in the year b. c. 365 L. Sextius was elected consul, being the first Plebeian who at­tained that dignity. The Patricians were com­pensated for their loss of the exclusive right to the consulship by the creation of the office of Curule Aedile and of Praetor.

The law as to the settlement between debtor and creditor was, if Livy's text is to be literally understood, an invasion of the established rights of property. Niebuhr's explanation of this law is contained in his third volume, pp. 23, &c.

Besides the limitation fixed by the second Lex to the number of jugera which an individual might possess in the public land, it declared that no in­dividual should have above 100 large and 500 smaller animals on the public pastures. Licinius was the first who fell under the penalties of his own law. The statement is that " he, together with his son, possessed a thousand jug-era of the ager (publicus), and by emancipating his son had acted in fraud of the law." (Liv. vii. 16.) From this story it appears that the Plebeians could now possess the public land, a right which they may have acquired by the Law of Licinius, but there is no evidence on this matter. The stoiy is told also by Cohmelh (i. 3), Pliny (Hist. Nat. xviii.

3), and Valerius Maximus (viii. 6. § 3). The last writer not understanding what he was record­ing, says that in order to conceal his violation of the law, Licinius emancipated part of the land to his son. The facts as stated by Livy are not put in the clearest light. The son when emancipated would be as much intitled to possess 500 jugera as the father, and if he bona fide possessed that quantity of the Ager publicus, there was no fraud on the law. From the expression of Pliny (sub-stituta filii persona) the fraud appears to have con­sisted in the emancipation of the son being effected solely that he might in his own name possess 500 jugera while his father had the actual enjoyment. But the details of this Lex are too imperfectly known to enable us to give more than a probable solution of the matter. As the object of the Lex was to diminish the possessiones of the patricians, it may be assumed that the surplus land thus arising was distributed (assiynatus) among the plebeians, who otherwise would have gained no­thing by the change ; and such a distribution of land is stated to have been part of the Lex of Licinius by Varro (de rq Rust. i. 2) and Colu-mella (i. 3).

According to Livy (vi. 42) the Rogatio de Decemviris sacrorum was carried first, b. c. 366. The three other rogationes were included in one Lex, which was a Lex Satura. (Liv. vii. 39 ; Dion Cass. Frag. 33.)

Besides the passages referred to, the reader may see Niebuhr, vol. iii. pp. 1—36, for his view of the Licinian Rogations; and Goettling, GeschicJite der Rom. Staatsverfassung, p. 354, and the note on the passage of Varro (de Re Rust. i. 2). The Licinian Rogations have been the subject of much

LEX MANLIA.

discussion. See the Classical Museum, No. V. on the Licinian Rogation De Modo Agri; No.VI., Ueber die Sidle des Varro, &c., De Re Rust. i. 2. § 9 ; and No. VII., Remarks on Professor Long's Paper on the Licinian Law De Modo Agri, by Professor Puchta ; and on the passage in Appian's Civil Wars, i. 8, which relates to the Licinian Law by Professor Long.

LICINIA DE CREANDIS TRIU'MVIRIS EPULO'NIBUS (Liv.xxxiii. 42 ; Orellii Ono-mastlcoji).

LIVIAE were various enactments proposed by the Tribune M. Livius Drusus, b.c. 91, for esta­blishing colonies in Italy and Sicily, distributing corn among the poor citizens at a low rate, and admitting the foederatae civitates to the Roman civitas. He is also said to have been the mover of a law for adulterating silver by mixing with it an eighth part of brass. (Plin. H.N. xxxiii. 3.) Drusus was assassinated, and the Senate declared that all his Leges were passed contra auspicia, and were therefore not Leges. (Cic. Leg. ii. 6, 12, pro Domo9 16 ; Liv. Ep. 71 ; Appian, Bell. Civ. i. 35 ; A scon, in Cic. Cornel, p. 62.) LUTA/TIA DE VI. [Vis.] MAE'NIA LEX is only mentioned by Cicero (Brutus, 14), who says that M'. Curius compelled the Patres " ante auctores fieri" in the case of the election of a plebeian consul, " which," adds Cicero, " was a great thing to accomplish, as the Lex Maenia was not yet passed." The Lex therefore required the Patres to give their consent at least to the election of a magistratus, or in other words to confer or agree to confer the Imperium on the person whom the comitia should elect. Livy (i. 17) appears to refer to this law. It was probably proposed by the Tribune Maenius, b.c. 287. [Auo to hit as.]

DE MAGISTRIS AQUARUM. (IlauLold, Spangenberg, Mon. Leg. p. 177.) MAJESTA'TIS. [majestas.] MAMI'LIA DE COLO'NIIS. The subject of this lex and its date are fully discussed by Ru-dorff (Zeilschrift) vol. ix.), who shows that the Lex Mamilia, Roscia, Peducaea, Alliena, Fabia is the same as the " Lex Agraria quam Gains Caesar tulit" (D'g. 47. tit. 21. s. 3), and that this Gains Caesar is the Emperor Caligula.

MAMILIA DEJUGURTHAE FAUTO'-RIBUS. (Sal. Jug. c. 40 ; Orellii Onomasticon.) MAMI'LIA FFNIUM REGUNDO'RUM, enacted in b.c. 239, or according to another sup­position, in b. c. 165, fixed at five or six feet the width of the boundary spaces which were not sub­ject to Usucapio. (Rudorff, Zeitscfirift^ vol. x. p. 342, &c.)

MANILIA, proposed by the tribune C. Mani-lius b.c. 66, was a privilegium by which was con­ferred on Pompey the command m the war against Mithridates. The lex was supported by Cicero when praetor. (De Lege Manilla; Pint. Pomp. 30 ; Dion Cass. xxxvi. 25.)

The Leges Manilianae, mentioned by Cicero (De Or. i. 58), were evidently not Leges Proper, but probably forms which it was prudent for parties to observe in buying and selling.

MANILIA DE LIBERTINORUM SUF-FRA'GIIS (Dion Cass. xxxvi. 25 ; Ascon. in Cor-nd. pp. 64, 65), is apparently the same as the Manlia De Lib. Suff.

MANLIA, also called LICFNIA, b.c. 196,

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