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On this page: Agrar – Rupiliae – Sacratae – Saenia – Satura – Scantinia – Scribonia – Semproniae Leges



administration of justice, as the usual modes of provincial administration would cease with the de­termination of the provincial form of government. This was effected by a Lex, the name of which is unknown, but a large part of it, on a bronze tab­let, is preserved in the Museum at Parma. This Lex arranged the judiciary establishment of the former provincia, and appointed n. viri and iv. viri juri dicundo: a Praefectus Mutinensis is also mentioned in the lex. In two passages of this Lex (c. xx. 1. 29. 38) a Lex Rubria is mentioned, which, according to some, is an earlier lex by which Mutina was made a Praefectura; and according to others, the Lex Rubria is this very Lex de Gallia Cisalpina. This subject is discussed by Savigny (Zcitsclirifti ix.) and by Puchta (Zeitschrift, x. Ueber den Inlialt der Lex Rubria de Gallia Cisalpina}.

This Lex has been published several times ; the latest edition is " Tavola legislativa della Gallia Cisalpina ritrovata in Veleia et restituita alia sua vera lezione da D. Pietro de Lama, Parma 1820." We only possess the end of the nineteenth chapter of this Lex, which treats of the Novi Operis Nuntiatio ; the twentieth chapter on the Damnum Tnfectum is complete: the twenty-first treats of Pecunia Certa Credita, but only of Execution ; the twenty-second treats in like manner of similar actions ; there is only the beginning of the twenty-third, which treats of the division of an hereditas (qvei de familia eerceiscunda deividunda ivdicivm sibei darei reddeive., &c. postulaverint., &c.). The matter of this lex therefore, so far as we know it, purely concerns procedure, as Puchta remarks.

RUPILIAE (b. c. 131), were the regulations established by P. Rupilius, and ten legati, for the administration of the province of Sicily, after the close of the first servile war. They were made in pursuance of a consultum of the senate. Cicero (in Verr. ii. 13, 15, 16, 37) speaks of these re­gulations as a Decretum of Rupilius (quod is da decem legatorum senterttia statuit}, which ho says they call Lex Rupilia; but it was not a Lex proper. The powers given to the commissioners by the Lex Julia Municipalis were of a similar kind. There was also a Lex Rupilia de Cooptando Senatu Heracleiotarum (In Verr. ii. 50); and Pe Re Frumentaria (In Verr. iii. 40).

SACRATAE, mentioned by Livy (ii. 54) and by Cicero (de Off. iii. 33). Leges were properly so called which had for their object to make a thing or person sacer, as in Livy (ii. 8, de sacrando cum bonis capite ejus qui, &c.). The consecratio was in fact the sanction by which a Lex was to be enforced. (Liv. iii. 55.) In the latter case it was the opinion of the jurisconsult! (juris interpretes} that the Lex did not make " sacrosancti " the persons for whose protection it was designed, but that it made "sacer" (sacrum sanocit} any one who injured them; and this interpretation is cer­tainly consistent with the terms of the Lex. (Festus, s. v. Sacratae leges.} Compare Liv. ii. 33 ; Dion Hal. Rom. Antiq. vi. 89 ; and the pas­sage referred to in Orellii Onomasticon.

A Lex Sacrata Militaris is also mentioned by Livy (vii. 41); but the sanction of the Lex is not stated.

SAENIA de patriciorum numero Au-oendo, enacted in the fifth consulship of Au­gustus. (Tacit. Ann. xi. 25; Mon. Ancyr. Pilae prioris Tab. 2 ; see cassia.]

SATURA. [LEX, p. 683, a.].


SCANTINIA, proposed by a tribune: the date and contents are not known, but its object was to suppress unnatural crimes. It existed in the time of Cicero. (Auson. Epig. 89 ; Juv. ii. 44; Cic. ad Fam. viii. 12, 14.) The Lex Julia de Adulteriis considered this offence as included in Stupnmi and it was punishable with a fine ; but by the later Imperial constitutions the punishment was death. (Sueton. Dom. 8 ; Paulus, S. R. ii. tit. 26. s.,13.)

SCRIBONIA. The date and whole import of this Lex are not known ; but it enacted that a right to servitutes should not be acquired by usu-capion (Dig. 41. tit. 3. s. 4. §29), from which it appears that the law was once different as to cer­tain ssrvitudes at least: and these appear to be the servitutes praediorum urbanorum. which, ac­cording to this Lex, could not be acquired by usu-capion. In the case of servitutes praediorum rusti-corum, and of personal servitudes, the impossibility of usucapion arose out of the nature of the thing. A " libertas servitutium " could be gained by usu­capion or rather disuse, for the Lex only applied to that usucapion which established a servitus (sermtutem constittiebat} and not to that so-called usucapion which took away the right (sustulit servitutem}. It is perhaps doubtful if the passage of Cicero (pro Caecin. 26) should be alleged in proof of this usucapion formerly existing.


proposed by C. Scribonius Curio, tr. pleb. b. c. 51. (Orellii Onomasticon.}

SEMPRONIAE LEGES, were leges proposed by Tiberius and C. Gracchus respectively, while they were tribuni plebis.

AGRARiAof Tib. Gracchus was proposed by him during his tribunate B. c. 133. The nature of this measure is explained by Appian. (Bell. Civ. i. 10, &c.) It was an Agraria Lex, the object of which was the distribution of the Public Land among the poorer citizens. [agrariae leges.] Tib. Gracchus with the advice of P. Licinius Crassus, Pontifex Maximus, P. Mucius Scaevola, afterwards Ponti­fex Maximus, and Appius Claudius (Pint. Tib. Gracchus^ 9), proposed that no person should hold more of the Ager Publicus than 500 jugera (comp. liciniae leges), but that for every son he might hold 250 more. The poor who were to be provided with land out of what remained after the large possessions were reduced, were not to have the power of alienating their own lots ; and they were to pay the tenths. The law was enacted and the execution of it was intrusted to three per­sons (tres viri), who were Tiberius himself, his brother Cains, and Appius Claudius. The execu­tion of the law was attended with great difficulty, because the public land which had been held for many generations by private persons, had been dealt with like private property, had often changed hands by sale, and had been improved and built upon. It was first proposed to indemnify the Possessors for all improvements, but it appears that when they made opposition to the measure, this proposal was withdrawn.

Other measures were designed by Tiberius, but his premature death stopped them. The execution of the Agraria Lex of Tiberius was impeded by a Senatusconsultum, which put an end to the com­mission. The Lex was revived by Cains Grac­chus, trib. pi. in b. c. 123. The senate ruined the cause of Gracchus by engaging the tribune M. •Livius Drusus to propose measures of a character

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