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On this page: Plautia – Plautia Papfria – Poetelia – Poetelia Papfria – Pompeiae – Popflia – Porcia De Provfnciis – Porciae De Capite Civiu – Publfcia – Publflia De Sponsoribus – Publflia Lex – Publfliae Leges

696

LEX PUBLILI A.

having enacted that fifteen persons should be an­nually elected by each tribe out of its own body to be placed in the Album Judicum.

PLAUTIA or PLOTIA DE RE'DITU LE-PIDANO'RUM. (Sueton. Gte. 5 ; Gellius,xiii. ,3.)

PLAUTIA PAPFRIA. [papiria plau­tia.]

POETELIA, b.c. 358, a Plebiseitum, was the first Lex against Ambitus. (Liv. vii. 1 5.)

POETELIA PAPFRIA, b.c. 326, made an important change in the liabilities of the Nexi. (Liv. viii. 28.) [nexi.]

POMPEIAE. There were various Leges so called.

pompeia, proposed by Cn. Pompeius Strabo, the father of Cn. Pompeius Magnus, probably in his consulship b. c. 89, gave the Jus Latii or Latinitas to all the towns of the Transpadani, and probably the Civitas to the Cispadani. (Savigny, Volksschluss der Tafel von Heradea, Zeiteclirift, ix.)

————— de ambitu. [ambitus.]

imperio caesari prorogando.

(Veil. Pat. ii. 46 ; Appian, B. C. ii. 18.)

———————— JUDIC1ARIA. [JUDEX.]

———————— DE JURE MAGISTRATUUM (Sueton.

Caes. 28 ; Dion Cass. xl. 56 ; Cic. ad Att. viii. 3) forbade a person to be a candidate for public offices (petitio honorum} who was not at Rome ; but C. Julius Caesar was exeepted. This was doubt­less the old law, but it had apparently become ob­solete.

——— ———— DE PARRICIDIIS. [CORNELIA DE EICARIIS.]

————— tribunitia (b. c. 70) restored the old Tribunitia Potestas which Sulla had nearly destroyed. (Sueton. Caes. 5 ; Veil. Pat. ii. 30 ; Cic. de Leg. iii. 9, 11, in Verr. Act. i. 15 ; Liv. Epit. 97.) [tribunj.]

————— de vi was a Privilegium, and only referred to the case of Milo. (Cic. Phil. ii. 9 ; Ascon. and Schol. Bob. in Argum. Milon.)

POPFLIA. [papia.]

PORCIAE DE CAPITE CIVIUM or DE PROVOCATIO'NE enacted that a Roman citizen should not be scourged or put to death. (Liv. x. 9 ; Cic. de Hep. ii. 31 , pro RaUr. 3, 4 ; Sail. Catil. 51.)

PORCIA DE PROVFNCIIS (about b.c. 198). The passage in Livy (xxxii. 27. " Sumtus quos in cultum praetorum," &c.) is supposed to refer to a Porcia Lex, to which the Plebiscitum de Thermensibus refers ; and the words quoted by Cicero ( Verr. ii. 4, 5. " Ne quis emat mancipium ") are taken, as it is conjectured, from this Porcia Lex.

PUBLFCIA permitted betting at certain games which required strength, as running and leaping, (Dig. 11. tit. 5.)

PUBLFLIA DE SPONSORIBUS. [!nter-

CESSIO.]

PUBLFLIA LEX was proposed by Publilius Volero, a tribunus plebis, and enacted B. c. 471. The terms of the Rogatio were " ut plebeii magis-tratus tributis comitiis fierent" (Liv. ii. 56). The object of the Lex was to take these elections from the Comitia Centuriata, in which the patricians could determine the result of the elections by the votes of their clients. The Rogatio became a Lex after much opposition, the history of which is given in Livy. According to some authorities, the number of tribunes was also increased from two to five (Liv.Ji. 58) ; and this must therefore have

LEGES PUBLILIAE.

been provided by the Lex. In b. c. 457 (Liv. iJi, 30) ten tribunes, two from each class, were elected for the first time ; but it is not said under what legislative provision. Dionysius (Antiq. Rom. ix. 43) gives a more complete account of this Lex. After Publilius failed in his first attempt to carry his Rogatio, he added a new chapter, which gave the election of the aediles (plebeian) to the Comitiq Tributa, and enabled the Tributa to deliberate and decide upon any matter which could be deliberated and decided upon in the Comitia Centuriata. From the time of the enactment of this Lex, says Dio-nj'-sius (ix. 49) "up to my time, the election of tribunes and aediles was made without birds (au­gural ceremonies), and all the rest of the religious forms in the Comitia Tributa." Dionysius says nothing here of the other matter which the addi­tional chapter contained (ix. 43).

PUBLFLIAE LEGES of the Dictator Q. Publilius Philo, which he proposed and carried b. c, 339 (Liv. viii. 12). The purport of these Leges is thus expressed by Livy : "tres leges secundis-simas plebei, adversas nobilitati tulit: unam ut plebiscita omnes Quirites tenerent: alteram, ut legum qirae comitiis centuriatis ferrentur, ante initum suffragium Patres auctores fierent: tertiam ut alter utique ex plebe, qimm eo ventum sit ut utrumque plebeium consulem fieri lieeret, censor crearetur." The provision of the first lex seems to be the same as that of the Lex Hortensia, B. c. 286 " ut plebiscita universum populum tenerent" (Gaius, i. 3). Some critics suppose that the first Lex enacted that a Plebiscitum should be a Lex without being confirmed by the Comitia Centuriata, but that it would still require the confirmation of the Senate, or, as some suppose, of the Comitia Curiata. The Lex Hortensia, it is further sup­posed, did away with the confirmation of the Curiae, or, as some suppose, of the Senate. But the expression " omnes Quirites " of Livy clearly has some reference, and, according to correct in­terpretation, must be taken to have some reference, to the extent of the effect of a Plebiscitum. There is no difficulty in giving a consistent meaning to Livy's words. The first Lex enacted that Plebis-. cita should bind all the Quirites ; which means nothing else than that a Plebiscitum should have the effect of a Lex passed at the Comitia Centu­riata. It is not here said whether the Comitia Tributa could legislate on all matters on which the Comitia Centuriata could [publilia lex] ; and nothing is said as to the dispensing with any form for the confirming of a Lex passed at these Co­mitia. And that Livy did not suppose that the first Lex contained any regulations as to matter of form, is made clear by what he says of the second Lex, which did regulate the form of le­gislation. This is the clear meaning of Livy's words : it may not be the true import of the first Lex ; but it is somewhat difficult to prove any thing about a matter beyond what the evidence shows. [plebiscitum.]

The simplest meaning of the second Lex, ac­cording to the words, is, that no Rogatio should be proposed at the Comitia Centuriata, until the Patres had approved of it, and had given it their auctoritas. If we knew who were meant by the Patres, the meaning of the Lex would be tolerably clear. It is now generally supposed that Livy means the Comitia Curiata, and that their veto on the measures of the Comitia Centuriata was

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