The Ancient Library

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On this page: Titia – Titia De Tutoribus – Tqllia De Legatione Li – Trebonia – Trebonia De Provfnciis C – Trie – Tullia De Ambitu – Valeriae Et Horatiae Le – Valeriae Leges



five Agrarian laws were enacted, Boria, Thoria, Marcia, Apuleia, and Titia. It further appears from comparing two passages of Cicero (de Or. ii. 70; and Brutus, 36), in which he speaks of the Lex Thoria, with the fragments of this Lex whose title is lost, that the fragments are those of the Lex Thoria. Now the date of the Lex Thoria is fixed by Rudorff at the year of the city 643 or b.c. Ill, which is consequently the date of the Lex on the bronze tablet, thus identified with the Lex Thoria. Proceeding on the assumption that the fragmentary Lex was the Plebiscitum, called the Lex Thoria, Sigonius restored the be­ginning of it according to the usual form of Roman Plebiscita: Sp. Thorivs . . . F. Tr. PI. Plebem ivre rog. Plebesque ivre scivit Tribvs .... Principivm fvit pro tribv Q. Fabivs. Q. F. primvs scivit.

The history of this inscription is curious. It was not cut on the rough back of the bronze tablet till after the other side, which is smooth, had been occupied by the Servilia Lex. The Servilia Lex is certainly not of earlier date than the year of the city 648, or b.c. 106, and consequently the Thoria could not have been cut on this tablet before the year 648. It seems that the tablet was large enough for the Lex Servilia, for which it was in­tended, but much too small for the Agrarian Law: " consequently, the characters of .the Agrarian side of the tablet are remarkably small, the lines nar­row, the abbreviations numerous, and the chapters only separated by two or three points, whereas on the other side the letters are uniform, large, and well made, the lines wide, the words written at full length, and the chapters of the Lex separated by superscriptions. Further, the lines (of the Agrarian Lex) are often so oblique that they cross the straight lines on the opposite side, which are cut very deep and consequently are visible on the side on which the Agrarian Lex is cut." (Rudorff,)

The subject-matter of this Lex cannot be stated without entering into detail: the whole is examined by Rudorff with great care. The main subject of the Lex to which the first eighteen chapters or forty-three lines refer, is the Public land in Italy as far as the rivers Rubico and Macra. The second part of the Lex begins with the nineteenth chap­ter and the forty-fourth line, and extends to the fiftieth chapter and the ninetj^sixth line: this part of the Lex relates to the Public and Private land in the Province of Africa. The third and last part of the Lex, from the fiftieth chapter and the ninety-sixth line to the end of the inscription, relates to the Roman Public land in the territory of Corinth.

Rudorff concludes that the Lex applied to other land also ; and for two reasons. First, the Roman Agrarian Laws of the seventh century of the city, related to all the provinces of the empire, of which we have an example in the case of the Lex Servilia of Rullus. Secondly, the fragment of the Lex Thoria, which is preserved, is so broad compared with the height that we may conclude that the complete tablet contained three times as much as it does now ; for nearly all the bronze tablets on which Roman laws are cut, are of an oblong form, with the height much greater than their width. Of the two-thirds of the tablet which it is con­cluded have been lost, not a trace has yet been discovered.

The essay of Rudorff contains a copy of the in­scription, with the restoration of the passages that


are defaced. The value of this attempt can only be estimated by an investigation as complete as that of the author.

TITIA, similar in its provisions to the Lex Publicia. (Dig. 11. tit. 5. s. 3.)

TITIA DE TUTORIBUS (see julia lex et titia, and Gains i. 195).

TREBONIA, a plebiscitum proposed by L. Trebonius, b. c. 448, which enacted that if the ten tribunes were not chosen before the Comitia were dissolved, those who were elected should not fill up the number (co-optare)9 but that the Comitia should be continued till the ten were elected. (Liv. iii. 65, v. 10.)

TREBONIA DE PROVFNCIIS CONSU-LA'RIBUS. (Plut. Cat.Min. 43 ; Liv.Epit. 105 ; Dion Cass. xxxix. 33.)


TULLIA DE AMBITU. [ambitus.]

TQLLIA DE LEGATIONE LIBERA. [legatus, p. 679, a.]

VALERIAE LEGES. In b. c. 508, the con­sul P. Valerius proposed and carried various leges, the purpose of which was to relieve himself from the suspicion of aiming at kingly power, and to increase his popularity. The chief were a Lex which gave an appeal (provocatio) to the populus against magistratus, and one which declared to be accursed, and devoted the man and his property, who should form a design to seize the kingly power (Liv. ii. 8). Owing to these popular measures, the consul received the cognomen of Publicola, by which he is generally known. This statement of the law on Provocatio by Livy is very brief and unsatisfactory. Cicero (de Rep. ii. 31) states more distinctly that this Lex was the first that was passed at the Comitia Centuriata, and that the provisions were " ne quis magistratus civem Roma-num ad versus provocationem necaret neve verbe-raret." The Lex, therefore, secured the right of appeal to all Roman cives ; and it is consistent with this, that some of the Roman cives, the patri­cians, as Niebuhr states, had already the provo­catio to their curiae. This right of provocatio only applied to Rome and a mile round the city, for the Imperium of the consuls beyond this boundary was unlimited (Liv. iii. 20, neque enim provocatio­nem esse longius ab urbe mille passuum). Con­formably to this, the Judicia quae Imperio continen-tur comprised among other cases those where the Judicium was beyond the limits of the mille pas-sus. The substance of the two Leges is stated by Dionysius (Antiq.Rom. v. 19, 70) with more pre­cision and apparently in accordance with the terms of the Leges. The right of provocatio was in­tended to protect persons against the summary jurisdiction of the consuls, by giving them an ap­peal to the stj/xos, and until the TrXyQos decided on their case, no punishment could be inflicted, (c. 70.) In c. 19 it is said that the appeal was also to the stj^uos ; and this measure made Publi­cola popular with the sij/jlotikoi, whom we must take to be the Plebs (comp. Dionys. ix. 39). Dio­nysius generally uses o^/xos to signify Plebs ; but he also uses tt\^o(>s in the same sense (vii. 65, viii. 70, 71, x. 40).

VALERIAE ET HORATIAE LEGES were proposed by the consuls L. Valerius and M. Ho-ratius b. c. 449. (Liv. iii. 55.) One of these Leges which was passed at the Comitia Centuriata v/as " ut quod tributim plebes jussisset populum

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