The Ancient Library

Scanned text contains errors.

On this page: Pupia – Quintia – Regia – Regiae – Remmia – Repetundarum – Rhodia – Roscia Theatralis – Rubria



taken away. If Patres means the Senate, then the purport of the Lex is this, that no mea­sure must be proposed at the Centuriata Comitia, without a SCtum first authorising it. (Comp. Liv. xlv. 21.)

The meaning of the third Lex is plain enough. Puchta shows or tries to show that the first Lex Publilia simply rendered unnecessary the con­firmation of a Plebiscitum by the Comitia Centu­riata ; and therefore there remained only the con­firmation of the Senate. Accordingly, the effect of the first Lex was to make the Comitia Tributa cease to have merely the initiative in legislation ; henceforth, Plebiscite did not require the confirm­ation of a Lex Centuriata, but only that of the Senate ; and we may, probably, from this time date the use of the expression: " Lex sive id Plebiscitum est."

lie considers the second Lex to have simply declared the old practice, that the Comitia Centu­riata should pass no Rogation without the authority of a previous Senatusconsultum. The two Leges then had this relation to one another: the first Lex provided, that a Lex passed at the Comitia Tributa, which before this time was confirmed by a Senatusconsultum, and finally ratified by the Comitia Centuriata, should not require the ratifi­cation of the Comitia Centuriata ; the second Lex declared that the old practice as to the Comitia Centuriata should be maintained, that the Leges passed there should have the previous authorisa­tion (auctoritas) of the Senate.

On the subject of these Leges, see Zachariae &dla, i. p. 26, note ; Puchta, Inst. i. § 59 ; and Niebuhr, vol.iii. p. 147, &c. Engl. Tr.: and see valerias leges.

PUPIA, mentioned by Cicero (ad Quint, ii. 13, ad Fain. i. 4) seems to have enacted that the senate could not meet on Comitiales Dies.

QUINTIA was a lex proposed by T. Quintius Crispinus, consul b. c. 9, and enacted by the Populus for the preservation of the Aquaeductus. The Lex is preserved by Frontinus (de Aquaeduct Roman.}.

REGIA, properly LEX DE IMPE'RIO PRI'NCIPIS. The nature of the Imperium and the mode of conferring it have been explained under imperium. Augustus, by virtue of uniting in his own person the Imperium, the Tribunitia Potestas, the Censorian power, and the office of Pontifex, was in fact many magistrates in one ; and his title was Princeps. These various powers were conferred on the earliest Principes (em­perors) by various leges ; but finally the whole of this combined authority was conferred by a Lex Imperil or Lex de Imperio. (Dion Cassius, liii. 18 ; his remarks on the power of Augustus, and the notes of Reimarus.) By this Lex the Im­perial authority, as we may call it, was conferred on the Princeps (cum ipse Imperator per legem Imperium accipiat, Gaius, i. 5), and legislative power. By this Lex the Princeps was also made " solutus legibus," that is, many restrictive enact­ments were declared not to apply to him, either in his private or his magisterial capacity (Dion Cass. liii. 18, 28) : for instance, Caligula was re­leased by a Senatusconsultum, which was pro­bably followed by a Lex as a matter of form, from the Lex Julia et Papia. (Dion Cass. lix, 15 ; compare Ulpian, Dig. 1. tit. 3. s. 31.) This Lex De Imperio was preceded by a Senatusconsultum. (Tacit, Hist. i. 47, iv. 3, 6.) A considerable frag-


ment of the Lex De Tmperio Vespasiani is still preserved at Rome. (Haubold, Spangenberg, Mo-num. Legal, p. 221.) It is sometimes incorrectly called a Senatusconsultum, but on the fragment itself it is called a Lex. It is true that a Senatus­consultum preceded the Lex, and the enactment of the Lex was a mere form. This Lex empowers Vesj>asian to make treaties, to originate Senatus-consulta, to propose persons to the people and the Senate to be elected to magistracies, to extend the Pomoerium, to make constitutions or edicts which should have the force of law, and to be released from the same laws from which Augustus, Tibe­rius, and Claudius were released ; and all that he had done before the enactment of this lex (ante legem rogatam) was to have the same effect as if it had been done by the command of the people.

This Lex de Imperio Principis is several times named Lex Regia in the Corpus Juris (Inst. 1. tit. 2. s. 6. ; Dig. 1. tit. 4. s. 1. ; Cod. 1. tit. 17. 187). There is no evidence that the Lex de Im­perio Principis was ever called Lex Regia under the early emperors. Under the later emperors there is nothing surprising in the name Regia being adopted as a common expression. When the emperor was called Dominus, a title which was given even to Trajan, the Lex de Imperio might well be called Regia. To deny the existence of a Lex de Imperio would show a very imperfect knowledge of the history and constitution of Rome, and a want of critical judgment. (Puchta, InsL 1. § 88.)

REGIAE. [Jrjs civile papirianum.]

REMMIA. [calumnia.]

REPETUNDARUM. [repetundae.]

RHODIA. The Rhodians had a maritime code which was highly esteemed. Some of its provisions were adopted by the Romans, and have thus been incorporated into the maritime law of European states. Strabo (p. 652. Casaub.) spealca of the wise laws of Rhodes and their admirabla policy, especially in naval matters ; and Cicero (pro Leg. Manil. c. 18) to the same effect. The Digest (14. tit. 2) contains so much of the Lex Rhodiorum as relates to jactus or the throwing overboard of goods in order to save the vessel or remainder of the cargo. This Lex Rhodiorum de Jactu, is not a Lex in the proper sense of the term.

ROSCIA THEATRALIS, proposed by the tribune L. Roscius Otho, b.c. 67, which gave the Equites a special place at the public spectacles in fourteen rows or seats (in quatuordecim gradibus sive ordinibus) next to the place of the senators, which was in the orchestra. This Lex also assigned a certain place to spendthrifts (decoctores, Cic. Phil. ii. 18). The phrase " sedere in quatuor­decim ordinibus," is equivalent to having tho proper Census Equestris which was required by the Lex. There are numerous allusions to this Lex (Dion. xxxvi. 25 ; Veil. Pat. ii. 32; Liv. Epit. 99 ; Cic. pro Murena, 1 9), which is sometimes simply called the Lex of Otho (Juv. xiv. 324), or referred to by his name. (Hor. Epod. iv. 16.) This law caused some popular disturbance in the consul ship of Cicero, e. c. 63, which he checked by a speech. (Cic. ad AH. ii. 1 ; Pint. Cic. c. 13.) [julia theatralis.]

RUBRIA. The province of Gallia Cisalpina ceased to be a Provincia, and became a part of Italia about the year b.c. 43. When this change took place, it 'was necessary to provide for the

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



page #  
Search this site
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of