lex

lege lata eos exsules fecit
by proposing the law, he made them exiles quis nescit primam esse historiae legem ne quid falsi dicere audeat
who does not know that it is the first law of history that it dare not say anything false redeat, sed ea lege ne umquam Romam revertatur
let him return, but on condition that he never come back to Rome

lēx, lēgis, f.: a bill proposed to the people for enactment; statute, law, decree, 1.507, et al.; pl., lēgēs, um, government, 4.231; conditions, terms, 4.618.

lex, lēgis, f. [perh. Sanscr. root lag-, lig-, to fasten; Lat. ligo, to bind, oblige; cf. religio], a proposition or motion for a law made to the people by a magistrate, a bill (cf. institutum).

• I Lit.: legem ferre: antiquare, Cic. Off. 2, 21, 73: rogare, id. Phil. 2, 29, 72: leges ac jura ferre, Juv. 2, 72: legem promulgavit pertulitque, ut, etc., Liv. 33, 46: Antonius fixit legem a dictatore comitiis latam, qua, etc., Cic. Att. 14, 12: legem sciscere de aliqua re, id. Planc. 14, 35: populus R. jussit legem de civitate tribuenda, id. Balb. 17, 38: repudiare, id. Lael. 25, 96.—
• II Transf.
• • A A bill which has become a law in consequence of its adoption by the people in the comitia, a law (cf.: jus, fas; decretum, edictum, scitum): legem constituere alicui, Cic. Caecin. 14, 40: legem gravem alicui imponere, id. Ac. 2 (Luc.), 8, 23: legem neglegere, evertere, perfringere, id. Cat. 1, 7, 18: neglegere, perrumpere, id. Leg. 1, 15, 42: leges ac jura labefactare, id. Caecin. 25, 70: legem condere, Liv. 3, 34: leges duodecim tabularum, the laws composed by the decemvirs, the foundation of Roman legislation, Liv. 3, 33 sq.: nunc barbaricā lege certumst jus meum omne persequi, i. e. by the Roman law, that of the Twelve Tables, Plaut. Capt. 3, 1, 32 (492).—
  • B Esp. in phrases.
  • • 1 Lege and legibus, according to law, by law, legally: ejus morte ea ad me lege redierunt bona, Ter. And. 799: Athenas deductus est, ut ibi de eo legibus fieret judicium, Nep. Phoc. 3, 4.—
    • 2 Legis actio, a statutory process: actiones quas in usu veteres habuerunt legis actiones appellabantur, vel ideo quod legibus proditae sunt, ... vel ideo quia ipsarum legum verbis accommodatae erant, et ideo inmutabiles proinde atque leges observabantur, Gai. Inst. 4, 11; cf. § 12 sqq.—
    • 3 Hence, in partic.: lege agere, to proceed strictly according to law.
    • • a Of the lictor, to execute a sentence: Fulvius praeconi imperavit, ut lictorem lege agere juberet, Liv. 26, 15, 9. —
      • b To bring a legal or statutory action: una injuria est tecum. Chr. Lege agito ergo, Ter. Phorm. 983: lege agito dicebatur ei cujus intentio contemptibilis adversario videbatur, Don. ad Ter. l. l.: lege agito mecum; molestus ne sis, Plaut. Aul. 3, 3, 11 (459): lege egit in hereditatem paternam exheres filius, Cic. de Or. 1, 38, 175; 1, 36, 167; id. Verr. 2, 1, 45, § 115.—
    • 4 Fraudem legi facere, to evade the law: ut ne legi fraudem faciant aleariae, adcuratote ut, etc., the law against dicing, Plaut. Mil. 2, 2, 9 (164): quod emancupando filium fraudem legi fecisset, Liv. 7, 16, 9; cf. Val. Max. 8, 6, 3; cf. also: facio fraudem senatus consulto, Cic. Att. 4, 12, 1.—
  • C In gen., a law, precept, regulation, principle, rule, mode, manner: qui disciplinam suam legem vitae putet, Cic. Tusc. 2, 4, 11: communis condicio lexque vitae, id. ib. 4, 29, 62; id. Balb. 7, 18: haec lex in amicitia sauciatur, id. Lael. 12, 40: quaero cur vir bonus has sibi tam gravis leges imposuerit, id. Ac. 2 (Luc.), 8, 23: lex veri rectique, id. ib. 2, 9, 27: aliquam legem vitae accipere, Sen. Ep. 108, 6: ad legem naturae revertamur, id. ib. 25, 4: leges in historia observandae, Cic. Leg. 1, 1, 5: quis nescit primam esse historiae legem, ne quid falsi dicere audeat? id. de Or. 2, 15, 62; id. Fam. 5, 12, 3: vetus est lex amicitiae, ut idem amici semper velint, id. Planc. 2, 5: hanc ad legem formanda est oratio, id. de Or. 3, 49, 190: versibus est certa quaedam et definita lex, id. Or. 58: legibus suis (i. e. philosophiae) parere, id. Tusc. 5, 7, 19: leges Epicuri, id. ib. 5, 37, 108; 4, 4, 7; Sen. Ep. 94, 15; Suet. Ner. 24: vetus lex sermonis, Quint. 1, 5, 29: contra leges loquendi, id. 1, 8, 13: lex et ratio loquendi, Juv. 6, 453: secundum grammaticam legem, Gell. 13, 21, 22: legem esse aiunt disciplinae dialecticae, etc., id. 16, 2, 1: citharae leges, Tac. A. 16, 4: beneficii, Sen. Ben. 2, 10, 4: sic ingens rerum numerus jubet atque operum lex, Juv. 7, 102: scimus hujus opusculi illam esse legem, etc., Plin. Ep. 4, 14, 5: qui titulus sola metri lege constringitur, id. ib. 4, 14, 8.—Of things: quā sidera lege mearent, by what law, what rule, Ov. M. 15, 71.—Hence, sine lege, without order, in confusion, confusedly: exspatiantur equi ... quaque impetus egit, Hac sine lege ruunt, Ov. M. 2, 204: jacent collo sparsi sine lege capilli, id. H. 15, 73: haec in lege loci commoda Circus habet, quality, nature, id. Am. 3, 2, 20; cf.: sub lege loci sumit mutatque figuras, id. Hal. 32.—
  • D A contract, agreement, covenant: oleam faciundam hac lege oportet locare, etc., Cato R. R. 145: in mancipii lege, a contract of sale, Cic. de Or. 1, 39, 178; cf.: Manilianas venalium vendendorum leges ediscere, id. ib. 1, 58, 246: collegii Aesculapii, Inscr. ap. Fabrett. p. 724, n. 443.—
  • E A condition, stipulation (cf. condicio).
  • • 1 In gen. (mostly ante-class.): ego dabo ei talentum, primus qui in crucem excucurrerit, Set ca lege, ut offigantur bis pedes, Plaut. Most. 2, 1, 13 (360): quia nequit, qua lege licuit velle dixit fieri, id. Stich. 3, 1, 58 (459): estne empta mi haec? Pe. His legibus habeas licet, id. Ep. 3, 4, 39 (475): hac lege tibi adstringo meam fidem, Ter. Eun. 102: legibus dictis, Liv. 9, 5, 3: dicta tibi est lex, Hor. Ep. 2, 2, 18: sed vos saevas imponite leges, Juv. 7, 229.—
    • 2 Hence of conditions or terms of peace: pax data Philippo in has leges est, Liv. 33, 30: quibus ante dictum est legibus, pacem fecerunt, id. 30, 43: pacemque his legibus constituerunt, Nep. Tim. 2: se sub leges pacis iniquae Tradere, Verg. A. 4, 618: leges et foedera jungere, id. ib. 12, 822: in leges ire, Stat. S. 1, 1, 27.—
• F In eccl. Lat. esp., the law of Moses: nolite putare quoniam veni solvere legem, Vulg. Matt. 5, 17; 11, 13; often called lex Moysi, id. Luc. 2, 22; id. Act. 15, 5; but more freq. lex Domini, id. Luc. 2, 23; id. Psa. 4, 2: lex Dei, id. 2 Esdr. 10, 28 sq.; also cf.: lex Altissimi, id. Eccl. 19, 21: lex tua, id. Psa. 39, 8; 118, 18: lex mea, id. Prov. 3, 1.—Also of a precept of the Mosaic law: ista est lex animantium, Vulg. Lev. 11, 46: istae sunt leges quas constituit Dominus, id. Num. 30, 17.

lēx, lēgis, f. (von lego, ere = λέγω, sagen), eig. eine Wortformel; dah. I) ein in Worte gefaßter u. von einer Magistratsperson auf der Rednerbühne dem Volke gemachter Gesetzesvorschlag, Antrag, A) eig.: leges malae, Cic.: legem ferre od. rogare, dem Volke einen G. machen, Cic.: legem de ambitu ferre, Cic. (u. so legis lator, legis ambitus lator, Cic.: u. latio legis, Cic.): legem perferre (wofür auch legem ferre steht), einen G. durchsetzen, Cic.: legem promulgare, öffentlich bekanntmachen od. anschlagen, damit ihn jeder vorher lesen kann, ehe darüber abgestimmt wird, Cic.: legem sciscere od. iubere (vom Volke), genehmigen, Cic.: legem accipere, annehmen, Cic. (u. so acceptā lege, nachdem der G. durchgegangen, Vell.): legem repudiare, Cic.: legem antiquare, verwerfen, Cic. – B) übtr.: 1) der durch Genehmigung des Volkes in den Komitien zum Gesetz erhobene Vorschlag, das Gesetz, die gesetzliche Bestimmung, die Verordnung, auch der Beschluß, a) eig.: leges regiae, aus der Zeit der Könige, Cic.: leges duodecim tabularum, die Zwölftafelgesetze der Dezemvirn, Cic. – legum conditor, Plaut.: legum auctor (v. Lykurg), Quint.: legum architectus (ironisch), Cic.: legum datio, Cic.: legum latio, Arnob. – lege carens civitas, gesetzloser, Cic.: genus hominum agreste, sine legibus, sine imperio, Sall. – legem ferre (vom Volke), ein Gesetz, eine Verordnung machen, Liv. u. Tac.: legem abrogare, abschaffen, Cic.: leges imponere alci, Cic.: leges dare (erlassen), Cic. u. Ov.: legem dare de libertinorum suffragiis, Cic.: legibus condendis operam dare (v. den Dezemvirn), Liv.: legem suadere, Liv.: legem facere od. constituere alci, Cic., od. ponere, Hor.: legem sancire, Cic.: legem figere, anschlagen, Cic.: et mitigare (mildern) leges et intendere (schärfen), Plin. ep.: legibus alqm solvere, entbinden, Cic.: Porcia lex aliaeque leges paratae sunt (wurden geschaffen), Sall.: lege od. legibus, nach dem Gesetz, nach den Gesetzen, gesetzmäßig, Ter. u. Nep.: lege agere, gesetzlich, kraft des Gesetzes verfahren, v. Liktor, wenn er das Urteil des Richters vollzieht, Liv.; u. gesetzlich, gerichtlich klagen, v. Kläger, Cic.; vgl. ago no. II, B, 5, c, β (Bd. 1. S. 271): ebenso (v. Kläger) legibus experiri, Nep.: de eadem re pluribus legibus agere, wiederholt klagen, Suet.: per leges ire, sich den G. unterziehen, sie sich gefallen lassen, Ov.: lege uti, gesetzlich verfahren, Sall.: lex erat Thebis, quae morte multabat, si quis etc., Nep. Epam. 7, 5: lex est Lacedaemoniis od. apud Rhodios m. folg. ut u. Konj., Cic. de inv. 2, 96 u. 98. – b) meton.: α) das geschriebene Recht (Ggstz. mores, consuetudo), Cic. u.a. – β) Gesetz u. Rechtsnorm übh., sowohl aus dem positiven als aus dem Naturrecht, Cic. u. Sen. – 2) ein Gesetz, eine Vorschrift, die man sich selbst gibt, legem sibi statuere, Cic.: dah. die Gewohnheit, Art, nach der jmd. lebt, meā lege utar, Ter. – 3) das Gesetz (die Gesetze), a) = die Regel, Vorschrift, das Gebot, die Satzung, lex grammatica, Gell.: lex scholastica, Plin. ep., od. umschr. lex, quae in scholis exercetur, Sen.: lex veri, Cic.: leges philosophiae, historiae, Cic.: leges philosophorum, Cic.: vetus lex sermonis, Quint.: leges citharae, Tac.: lex Christiana, christl. Religion, Amm.: ebenso lex divina, Lact.: legis Iudaicae (des Judentums) praecepta, Lact. – versibus est certa lex, Cic.: hanc ad legem formanda est oratio, Cic.: legem dicere alci, eine Vorschrift geben, Ov.: malignas dare leges, Ov.: transscendere dei legem, Lact.: quā sidera lege mearent, Ov. – haec est eiusmodi sermonum lex m. folg. Infin., Tac. dial. 27: vetus est enim lex illa iustae veraeque amicitiae m. folg. ut u. Konj., Cic. Planc. 5: quis nescit primam esse historiae legem m. folg. ne u. Konj., Cic. de or. 2, 62. – b) die Art und Weise, Beschaffenheit, sub lege loci, Ov.: ex lege loci, Ov.: quā lege, Calp. – c) die Regelmäßigkeit, Ordnung, sine lege, ohne Regel, unregelmäßig, unordentlich, capilli iacent sparsi sine lege, Ov.: equi sine lege ruunt, Ov.: legem dare capillis, ordnen, Sen. II) eine Formel, in der die Bedingungen für ein Geschäft od. ein Verhältnis aufgestellt sind, A) eig.: Manilianas venalium vendendorum leges ediscere, die gesetzlichen Formeln für Kaufverträge, Cic. de or. 1, 246. – B) übtr.: a) ein Tarif, Zolltarif, lex portus, Corp. inscr. Lat. 8, 4508. – b) eine auf bestimmte Rechtsformeln basierte Bedingung, der Punkt, Kontrakt, Vertrag, mancipii, Kaufkontrakt, Cic.: so auch lex venditionis, ICt.: lex emptionis, ICt.: lex operi faciundo u. im Zshg. oft bl. lex, Baukontrakt, Cic.: lex censoria u. bl. lex, Kontrakt (Pacht-, Lieferungs-, Bau-Kontrakt), den die Zensoren (oder auch andere) den Unternehmern oder Pächtern vorlegten u. mit ihnen schlossen, Cic.: syngraphi leges, Punkte des Kontrakts, Plaut.: leges foederis, Verg.: pax data in has leges, mit diesen Bedingungen, Punkten, Liv.: eā lege atque omine, Ter.: hāc lege venire (verkauft werden), Cato: accipiunt legem, die Bedingung, Ov.: legem alci scribere (vorschreiben), Cic.: leges pacis dicere alci, diktieren, vorschreiben, Liv.: ebenso leges pacis dare alci, Liv.: legem (Vertrag) duabus hanc proposuit partibus, Phaedr.: Macedonibus et Illyriis hae (folgende) leges a Romanis datae (zugestanden), Eutr.: lege certā, Ov. – übtr., Bedingung, lex vitae, Bedingung des Lebens, die wir sogleich mit der Geburt überkommen haben, daß wir uns alle menschlichen Schicksale gefallen lassen sollen, Cic.: homines eā lege natos, Cic.: legem dare, aufstellen, Ov. (m. folg. ne u. Konj., Ov. met. 2, 556): legem accipere (annehmen), m. folg. ne u. Konj., Ov. met. 10, 50: patris pacem in leges conficere suas, Ter. heaut. 998. – ➳ arch. Dat. Sing. leigei, Corp. inscr. Lat. 1, 197, 26: Abl. Plur. leigibus, Corp. inscr. Lat. 14, 2892.

lex [CL] V. et. legisdoctor, legislatio, legislator, legisperitus. 1 law, statute; b (eccl.). 948 (12c) judiciique et legum constituit discretorem CS 860; has infra scriptas leges regis concordant homines de iiij lestis DB I 1; incipiunt leges Henrici regis Anglorum (Quad.) GAS 544; petistis a nobis leges Romanas et Cesaris vobis transmitti, quibus in regno Britannie uti voluistis. leges Romanas et Cesaris semper reprobare possumus, legem Dei nequaquam (Leg. Ed.) Ib. 636 (v. 3d infra); 1249 quia nullus de regno Anglie vel de regno Scoccie, licet terras habet hinc vel inde, per leges dicte Marchie debet alibi implacitari IPM 65; licet largissime dicatur lex omne quod legitur, tamen specialiter significat sanctionem justam, jubentem honesta, prohibentem contraria Bracton 2; sancivit primum leges in Britannia Dunwallo Molmutius, cujus leges Molmutine dicebantur Higd. I 50; possunt ‥ statuta facere, dum tamen legibus generalibus non obsistant (Lyndw.) EHR XI 458; jus se habeat ad legem ut genus ad speciem Fortescue NLN 30; hujus conditionis leges erant civiles, et suae cujusque civitatis municipales Colet Rom. Exp. 258.  b quicumque secundum episcopales leges de quacumque causa interpellatus fuerit (Artic. Will.) GAS 485; multipliciter commendavit leges papales Wyche Ep. 583. 2 body of law, constitution. b (w. ref. to spec. application of the law); c (spec. of written law); d (unwritten or common law, based on custom); e (lex terrae) law of the land. volo, ut omnes habeant et teneant legem Eadwardi regis (Leis Will.) GAS 488; secundum legem Normannie (Quad.) Ib. 683; de libro Theodosiane legis (Leg. Hen. 33. 4) Ib. 565; secundum legem Saligam (Ib. 87. 10) Ib. 602; secundum legem Ribuariorum (Ib. 90. 4a) Ib. 605; lege fori, non lege poli, procedere temptat L. Durh. Dial. I 253 (v. 3d infra); videres confusam legem poli et soli, et domum orationis factam speluncam latronum W. Cant. V. Thom. 56; W. Newb. Serm. 888 (v. imperialis 2b); 1201 poneret se super legem Cantie CurR II 50; nos non faciemus justiciarios, constabularios, vicecomites vel ballivos, nisi de talibus qui sciant legem regni et eam bene velint observare Magna Carta 45; si contencio super hoc orta fuerit, tunc inde fiat in marchia per judicium parium suorum [i. e. Walensium], de tenementis Anglie, secundum legem Wallie, de tenementis marchie secundum legem marchie Ib. 56; lex duodecim tabularum Ric. Angl. Summa 17 p. 17; dicitur vulgariter ‘ut rex vult, lex vadit’ Carm. Lew. 871; octo shire ‥ judicabantur olim lege Marcia Higd. I 49; juravit coram ‥ coronatore quod in omni loco erit parata ad faciendum et sustinendum ea que sibi incumbent et lex exiget SelCCoron 56; processit rex in Hiberniam cum plebe maxima, statuitque ibidem legem Anglicanam et ut omnia eorum judicia secundum eandem legem vel Anglicanam consuetudinem terminarentur Knighton I 190.  b non eodem modo quo lex publica fornicarios puniri percensuit Egb. Dial. 407; 1277 quia ‥ [non] constare potest utrum natus fuit vivus puer vel non ‥, non videtur curie quod predictus Johannes tenere debet hereditatem predicte Margerie per legem Anglie racione predicti pueri SelPlCrown 33; 1293 ipse [Georgius] de eadem Johanna prolem procreavit, per quod terre et tenementa de quibus eadem Johanna fuit seisita ‥ die quo obiit ‥ eidem Georgio ad vitam suam per legem Anglie debent remanere IPM 66 (3); lex Anglie est ut si quis uxorem haereditatem habentem duxerit ‥ si liberos inter se habuerint ex justis nuptiis procreatos, si ipsa premoriatur, remanebit viro terra mulieris tota vita ipsius viri Fleta 444.  c hoc habet lex G. Hen. II I 150 (v. habere 33a); nephariam ‥ operationem necat et hoc lege scripta que mucro Mercurii est Bern. Comm. Aen. 73; utramque legem scriptam debuit antecedere lex naturalis non scripta Gros. Cess. Leg. I 4. 1; homini existenti in paradiso ‥ oportuit non dari ‥ lex scripta Ib. I 5. 6; habent ‥ Anglici plura ex consuetudine que non habent ex lege Bracton 1; rex ‥ gratiam suam, tam de lege communi quam de speciali, ‥ clero universo interdixit Meaux II 264.  d preter communem legem Dial. Scac. II 23A (v. communis 7a); leges namque Anglicanas licet non scriptas leges appellari non videatur absurdum Glanv. prol.; 1268 hiis exceptis que contra pacem nostram fieri contingent que secundum legem regni nostri communem terminari soleant in partibus ubi transgressiones ille facte fuissent (London) BBC 148; 1282 petit judicium si ad tale breve, quod non est de communi lege, debeat de libero tenemento suo respondere SelCKB I 105; 1312 ipsos ‥ contra vadium et plegium et communem legem terre illius in carcere detinendo RScot 111a; quia hoc esset directe contra legem communem regni Angliae Ann. Lond. 128; consuetudinariam legem damnat Wals. HA I 203 (v. consuetudinarius 1c); lex consuetudinis litteras nesciens et lex nature que tot milibus annorum scripturam non sensit a legendo non dicuntur sed a ligando, quia ligant et non semper leguntur Fortescue NLN I 30.  e 1209 heredes sui capient inde rationabiles emendaciones secundum legem terre Fines RC II 11; 1220 dicit eciam quod secta fuit facta secundum legem terre SelPlCrown 120; 1230 contra legem terrae distrinxit ipsum Andream pro tam parvo servicio BNB II 375; 1327 idem Thomas erronice et contra legem terre ‥ morti extitit adjudicatus RParl 5a; 1382 omnibus justiciariis ‥ ad legem terre gubernandum assignatis SelCExchCh 4; suis propriis costagiis placitum retrahendo et amovendo a lege terre coram admirallo pertractabunt BBAdm I 227; s1451 dicit quod materia per ‥ abbatem ‥ allegata non est sufficiens in lege. ad quam ‥ per legem terre respondere non ‥ tenetur Reg. Whet. I 66. 3 law: a (dist. as humana or temporalis); b (lex factorum, positiva) positive, explicit law; c spec. law or commandment given by God; d body of divine law, God’s commandments to man; e (lex naturae or naturalis) natural law, conceived as enacted in the structure of the universe; f (as determining human condition or behaviour). a lex temporalis Gros. Cess. Leg. I 2. 8; a lege humana [v. l. christiana] actus exteriores plus puniuntur Ockham Quodl. 105; que cadunt vel cadere possunt sub lege humana Id. Pol. III 187 (v. cadere 4c); lex humana Gascoigne Loci 94 (v. epieikeia); lex humana J. Bury Glad. Sal. 591 (v. dictamen 3b); 1515 quia pro fractione et evasione hujusmodi carceris legem temporalem subire timet Sanct. Durh. 179.  b lex ‥ factorum ab extra debet ei [sc. creature rationali] dictari. non enim scire posset quid de indifferentibus vellet auctor suus ipsam agere, nisi illud ei dictaret Gros. Cess. Leg. I 5. 2; legimus ‥ quod Dominus non scripto, sed precepto, dedit illi legem positivam, ut videlicet non commederet de ligno scientie boni et mali Ib. I 5. 6; cum homo prevaricatus fuit peccando tam legem naturalem quam positivam Ib. I 6. 19; agenda vel non agenda, que non cadunt sub lege divina nec sub lege nature, sed sub lege humana positiva Ockham Pol. III 187; lex etenim Cristi fuit hec quam gracia mulcet, nostra set ex penis lex positiva riget Gower VC III 256.  c legum hec inplecio [cf. Matth. iv 17] / legis est dimissio P. Blois Carm. 23. 4. 22 (v. 4b infra); quecumque anima ad supereminentem illam Christi caritatem anhelat, hanc sibi primitus scribi legem requirat in medio cordis sui J. Ford Serm. 91. 7; alterum vero quod est temporale et transiens, sicut lex circumcisionis et sabati et cetera cerimonialia Gros. Cess. Leg. I 10. 28; in nova lege clementiae More Ut. 62.  d lex Dei Bede Gen. 165 (v. feriari 2b); lex sancta Tonantis Alcuin WillV pref. 21 (v. grate b); 961 ego O. legis Dei catascopus CS 1066; legem Dei GAS 636 (v. 1a supra); lege poli L. Durh. Dial. I 253 (v. 2a supra); impleatur perfectius lex Dei, convertens animas ab universis Ad. Eyns. Visio 23; duplex est lex: temporalis viz. et eterna Gros. Cess. Leg. I 2. 8; a ministris legis divine, cujusmodi fuerunt sacerdotes et levite in veteri testamento et persone ecclesiastice in novo Ockham Pol. I 160.  e prima saeculi tempora lege naturali per patres, media lege literali per prophetas ‥ illustrare dignatus est Bede TR 64 (v. 6a infra); lex naturalis conscriptaque lex breviatam / sunt iter in legem qua reparetur homo L. Durh. Hypog. 68; 1182 scio quod pium est flere mortuum, et hujusmodi mestuosos affectus lex nature indicit P. Blois Ep. 2. 4A; c1211 preterea fecit contra legem nature decipiens fratrem suum, lex enim nature est: ‘non facias alii quod tibi non vis fieri’ Id. Ep. Sup. 58. 3; Gir. TH III 35 (v. exlex 1); Garl. Mor. Scol. 66 (v. genialis 3a); patet quoque legem naturalem lege positiva naturaliter esse priorem Gros. Cess. Leg. I 5. 6; postea dicit quod lex nature et justicia naturalis sunt unius essencie, licet accidentalis, et inter cetera quod lex illa est a justicia, ut splendor a lumine ‥ Fortescue NLN pref.; 1438 nature lex est ut capitis habitudo bona (v. habitudo 2c).  f homines ‥ qui ad arbitrium Rogeri laudabiliter vivebant sub lege conjugii V. Chris. Marky. 43; c1210 nec mirari quoque vel indignari quispiam debet si nos, provocati scriptis injuriosis, ‥ verbis verbo rependimus et talionis lege respondimus Gir. Ep. 2 p. 162; rex Ricardus, lege mortis compellente, viam universe carnis ingrediens, mundo valefaceret Studley 4; originale peccatum ‥ viciosa lege propagationis a primo parente usque ad filios traducitur Gros. DM I 28 p. 20; non lege propagationis ex semine viri de muliere, sed lege productionis rami de arbore Ib. II 5. 5; ideo lex matrimonii requiritur in hominibus ad consequendum debitum finem generationis humanae Holcot Wisd. 79. 4 corpus of Jewish law: a decalogue, ten commandments; b as given in the Pentateuch; c (dist. from Christian doctrine); d (pl.). a lex datur Moysi Ad. Dore Pictor 157 (v. exspectare 2e); datur lex in monte Synai Ib. 163 (v. fumare 2); in duabus tabulis lex digito Dei scripta memoratur J. Ford Serm. 114. 10.  b cum scita legis Mosaicae juxta litteram servaret Bede HE III 25 p. 185; [Moysen] legis latorem et maximum doctorem Eccl. & Synag. 70; ad ostendendum Judeos de tota lege Moysi nichil nisi parum observare et illud parum Deo non placere Petrus Dial. 2; ipsa lex dicit ‘si dimiseris virum dignum morte’ [III Reg. xx 42] (Leg. Hen. 72. 1e) GAS 590; legis est dimissio P. Blois Carm. 23. 4. 22 (v. 3c supra); allegorice acetum est lex que prius bonum fuit vinum, sed per traditiones Judeorum degeneravit in acetum S. Langton Ruth 105; traditiones humane commixte legi Moysayce Wycl. Ver. II 129; 1520 in lege anno jubileo onera et servitutes consueverunt populo remitti Let. Ch. Ch. xlvi.  c disparuit illa vetus lex, / et mundo nova lex, nova lux, novus emicuit rex P. Blois Euch. 1140A; fuerunt plurimi in primitiva ecclesia qui astruerunt sacramenta veteris legis simul cum sacramentis nove legis observanda esse Gros. Cess. Leg. I 1. 1; si sacerdoti in veteri lege fuit dictum ‥ a Deo ‘ecce ‥’ [Jer. i 10] ‥ multo magis credendum est hoc esse dictum summo sacerdoti in nova lege Ockham Pol. I 17; lex ‥ Christiana ex institutione Christi est lex libertatis, ita quod per ordinationem Christi non est majoris nec tante servitutis quante fuit lex vetus Ib. 230.  d illae leges divine specialiter de hereticis perturbantibus ecclesiam habentur, Deut. xiii et xvii Ockham Dial. 622. 5 (w. ref. to the Bible) scripture, testament. antiquae ‥ littera legis Aldh. VirgV 244 (v. antiquus 1a); c732 istam artem ab Eadburge magisterio didici, quae indesinenter legem divinam rimare non cessat (Leobgyda) Ep. Bonif. 29; peritus in scientia utriusque legis nove et veteris Lib. Landav. 2; juxta divine legis edictum [cf. Prov. xxii 10] Ric. Angl. Summa 27 p. 37; duplex ala sonans lex est nova lexque vetusta Garl. Myst. Eccl. 29; non omnium contentorum in lege divina verum intellectum esse omni tempore necessarium ad salutem Ockham Dial. 829; ut prophetatum est de ipso [Christo] in veteri lege Wycl. Chr. & Antichr. 681. 6 (w. ref. to period of history) dispensation: a (lex naturae or naturalis); b (vetus lex, lex litterae or scripturae or ellipt.); c (lex gratiae). a Bede TR 64 (v. 3e supra); 956 per tempora legis naturae (v. gratia 5a); sanctus Thomas de veritatibus theologie quod totum tempus postquam Deus fecit mundum dividitur in tres partes que sunt iij leges viz. lex nature, lex scripture, lex grade Melton 248.  b ? 800 filii Israel Moysen lugebant; sed in lege, non in evangelio Alcuin Ep. 198 p. 327; tria sunt tempora hujus seculi: ante legem, id est tempore patriarcharum; sub lege, tempore prophetarum; sub gratia, tempore Christianorum Ælf. Ep. 2. 4; due ebdomade passionis Christi duo tempora sunt hujus mundi ante legem et sub lege Comp. Swith. 183; trium temporum, sc. ante legem, sub lege, sub gratia Diceto Chr. I 3; desiderabat dilectus domini imitari jejunio mistico Moysen adhuc naturali tantum lege constrictum vel pocius Heliam prophetam sub lege constitutum J. Furness Pat. 173; semper enim ante legem ab aliquibus nacionibus eciam dicitur sabbatum fuisse observatum Eul. Hist. I 13.  c dictum est a Deo in veteri lege, pontificatu fungenti: ‘ecce constitui te super gentes’ ‥ ergo et papa in lege gracie habet talem plenitudinem potestatis Ockham Pol. I 248; 1396 sacerdotibus et levitis legis gracie Conc. III 230. 7 religious system or teaching: a (w. ref. to Judaism); b (w. ref. to Christianity); c (w. ref. to Islam). a Judeis in Anglia commorantibus ‥ legis Moysaice professoribus legem novam sancivit Wykes 266; 1277 petitum fuit ‥ utrum se voluit tenere ad legem Christianam vel Judaicam SelPlJews 96; lex vero Judeorum est Saturni, et lex Christianorum mercurialis dicitur ab astronomis Bacon Mor. Phil. 194.  b cumque notum esset Judeis ‥ quod legem et fidem accepissem Christianorum et unus essem eorum, quidam eorum arbitrati sunt me hoc non fecisse nisi quia adeo omnem abjeceram verecundiam quod et Deum et legem contempseram Petrus Dial. 2; lex nostra triumphet Ord. Vit. X 1 p. 3 (v. gens 5b); adunatio ‥ legis Christianorum Gir. PI III 18 (v. adunatio 3); hostes / legis lex reprobat Garl. Tri. Eccl. 130; si ‥ predicaret Christum non fuisse natum de virgine, aut legem Christianorum esse falsam Ockham Dial. 602; 1451 contra legem catholicam ac leges et consuetudines regni nostri ‥ insurrexerunt Pat 473 m. 16.  c de Sarracenorum lege destruenda Petrus Dial. 2; legem Moumeti ‥ vociferando Expug. Terrae Sanctae 249 (v. cassinus); preco legis Mahumelice eminentem Calvarie rupem conscendit Itin. Ric. I 9; causa quidem precipua, quare lex Machometica invaluit, dicitur fuisse quidam monachus ‥ M. Par. Maj. III 352; dicunt enim omnes, qui tenent eorum legem, per intercessionem Machomet apud Deum salvandos et nunquam puniendos Ib. 353; immergunt se illecebris voluptatum, ut Sarraceni, qui uxores multiplicant quantum volunt, secundum legem suam Bacon Mor. Phil. 190; si unus predicaret legem Christianam et alius legem Mahometi alicui pagano totaliter indifferenti, ‥ ille non teneretur assentire legi Christiane plus quam legi Saracenorum Ockham Quodl. 324. 8 canon law. b (in lege) in-law, relative by marriage, with reference to degrees of affinity within which marriage is prohibited by canon law. 958 ea que secundum legem canonicam ac disposicionem ordinantur CS 1033; hec sunt denique beata pacis ‥ gaudia, quibus toti regno suo ‥ in divinis legibus et secularibus institutus ‥ [rex] irradiat (Leg. Hen. proem.) GAS 547; Ra[dulph]us erat tunc ‥ archiepiscopus in utraque sciencia divine scilicet legis et seculi ‥ eruditus V. Chris. Marky. 29; c1160 precipimus in Domino quatinus ‥ decimas vestras ‥ persolvatis ‥ sc. de blado, de lino, de lana, ‥ de quibus lex Christiana decimam dari postulat Regesta Scot. 258; in sapiencia divina et lege Dei debet esse peritior Ockham Dial. 875.  b 1225 patrem suum in lege DCDurh. Misc. Ch. 6926; 1419 WW frater in lege (v. frater 3). 9 law as academic discipline or profession; b (w. defining word indicating particular code or discipline). GAS 377 (etc., v. homo 9e); 1304 legum doctores RGasc III p. clxxvi (v. doctor 4b); 1367 presbyteris legem vel physicam audientibus Conc. III 73; in legibus doctoris Reg. Whet. II 244 (v. doctor 4c).  b c1220 secundum legem marisci (v. foreloda); 1268 exceptis placitis de mercandisis que secundum legem mercatoriam terminari solent in burgis et feriis (London) BBC 148; 1286 dimisit ei medietatem illius navis tantum ‥ secundum legem marinam pro suo dando JustIt 578 r. 81; 1292 ad faciendum quod lex compoti requirit RScot 10b; 1361 felonie transgressiones seu injurie super mare facte non coram justiciariis nostris ad communem legem sed coram admirallis nostris juxta legem maritimam deducantur et terminentur Cl 199 m. 28d.; 1584 damus ‥ potestatem et auctoritatem utend’ et extend’ infra regnum nostrum predictam legem mariscalcialem sive marcialem Pat 1302 m. 10d.. 10 method of legal proof, trial. hoc contradicit Rogerus de R. omni lege DB II 337b; hoc vult probare contra totum hundret omnibus legibus DB I 371; v villani de eodem manerio testantur ei et offerunt legem qualem quis judicaverit DB II 393; si quid bello vel lege sacramentali plana vel frangenti vel etiam judiciali repetatur (Leg. Hen. 9. 6) GAS 555; si lex inde jam judicata sit, sit coram regis ministro causa finita (Ib. 26. 4) Ib. 562; precedere debet feudatus testem suum ad bellum vel aliam legem (Ib. 48. 12) Ib. 572; 1194 lex adjudicata fuit illi (v. adjudicare 1a); 1221 lex ei adjudicata fuit, et ei datus fuit dies ad comitatum ad faciendam legem suam et tunc venit cum lege sua PlCrGlouc 6; 1434 (1260) si ‥ legem sacramenti facere recusaverit CalPat 421. 11 oath or pledge, wager of law; b (w. magna, media, parva, etc., indicating seriousness of charge made against defendant). c (facere legem) to take an oath, come to trial with a certain number of compurgators. si lex domino vadietur, differat cetera placita, donec lex deducatur (Leg. Hen. 46. 1a) GAS 570; et postquam aliquis dissaisitus legem vel rectum domino suo vadiaverit et plegios ‥ addiderit, saisitus esse debet (Ib. 53. 6) Ib. 574; a1135 per legem se defendat burgensis, nisi sit de proditione, unde debeat se defendere bello SelCh 134; 1247 Bartholomeus Chaloner, qui fuit in lege contra Reginaldum filium Sueyn, defecit in lege CourtR Tooting Beck 234; 1250 de placito capiendi legem (v. capere 4f); 1258 idem J. non venit ad legem recipiendam de R. de la B. prius sibi invadiatam SelPlMan 52; 1269 dicit quod nullos corbellos suos cepit nisi in aqua sua propria et inde profert legem per plegium Messoris et J. P. ad terciam manum CBaron 135; major et cives ‥ debent eligere ‥ purgatores per quos lex debet fieri MGL I 57; vadiat ei inde legem suam ‥ et veniat cum lege sua Entries 112b.  b in istis placitis vadiavit W. B. magnam legem Leg. Ant. Lond. 10; prima [purgatio] est de morte vel de murdro; et ista purgacio vocatur lex magna. secunda purgacio est de mahemio et vocatur lex media; tercia ‥ oritur de insultis, baturis, toltis ‥ et iste purgacio vocatur lex tercia MGL I 56; 1321 potest se acquitare si velit per quamdam legem civitatis que vocatur media lex, viz. per decem et octo homines ex utraque parte rivuli predicti [de Walebrooke] PQW 451b; J. H. defecit de magna lege sua facienda pro morte L. Ann. Lond. 27; voluerunt se defendere pro simplici transgressione per parvam legem septem hominum Ib. 127.  c 1166 ante justitias facient legem SelCh 170; 1198 invadiavit legem faciendam et defendendam summonicionem se xij manu CurR I 58; illi qui facient suam legem et mundi erunt per legem R. Howd. II 251; 1221 cum venirent parati leges suas facere ipse quietas clamavit eis leges SelPlCrown 39; 1256 JustIt 872 m. 15 (v. gisina); 1262 Gild Merch. II 5 (v. gildanus); 1275 Judeus fecit legem suam sicut Judeus facere debet versus Christianum, videlicet, se sola manu super librum suum SelPlJews 89; 1294 non potuit facere inde legem Cuxham 610; 1365 dies datus est omnibus tenentibus ville ad faciend’ legem unam quod nec ipsi nec uxores sui [sic] nec servientes sui succiderunt infra boscum nec aliquid viride in eodem bosco asportaverunt, quilibet eorum in prox’ curiam cum sexto [sic] manu Hal. Durh. 45. 12 ordeal. adverte autem justitias hic usualiter nuncupari prolati in aliquos juris executiones, judicia vero leges candentis ferri vel aque Dial. Scac. II 7A; per legem apparentem purgandus est Glanv. XIV 1; 1199 r. c. de x m. pro condonamento legis aque, quia incertum erat utrum porcus quem ceperat silvester an suus Pipe 225; 1202 fiat lex, et in electione appellati sit portare ferrum vel ut A. illud portet SelPlCrown 10; 1202 quietavimus Nicolao de Savigniaco legem aque quam debuit fecisse, et volumus et precipimus quod propter hoc non remaneat quin libere possit duellum facere per terram nostram Pat I 15b; per quod alicui judici debeat lex apparens Bracton 125 (v. 3 apparere 5d); capiatur et legem aque subeat APScot I 371. 13 (venire cum lege (sua) or cum legibus suis) to come (to court) with one’s compurgators. 1221 venit cum lege sua PlCrGlouc 6; veniat cum legibus suis BNB II 150; 1419 veniat cum lege in octabas istius electionis MGL I 104; veniat cum lege sua Entries 112b. 14 action in a court of law, law-suit. b (in lege, ad legem) at law, involved in a law-suit. c (ponere ad legem) to force to come to trial. omni domino liceat conqueri hominibus suis et amicis, si quis ei malefaciat, set non percipere sine lege vindictam (Leg. Hen. 86. 1) GAS 601; 1130 H. J. r. c. de ij m. argenti ut rex condonaret ei quod fugit de captione, et haberet rectam legem Pipe 92; 1209 de xij d. de Henrico C. pro lege relaxata Pipe Wint. 28; 1378 inter quos lex et contentio moventur Hal. Durh. 147.  b 1246 R. M. in lege contra dominum quod non abstulit servientibus domini namia sua ad dampnum et dedecus xx s. SelPlMan 8; R. P. in lege contra N. C. quod ipse non interfecit pavonem suum nec aliquis de suis Ib. 9; Everandus ‥ est ad legem quod ‥ CourtR A. Stratton 172; 1294 Willelmus dedicit totum et est ad legem ad proximam curiam Rec. Elton 43; 1380 W. Glaunmylle est ad legem suam versus W. Shanke CourtR Winchester.  c 1215 nullus ballivus ponit de cetero aliquem ad legem simplici loquela sua, sine testibus fidelibus ad hoc inductis Magna Carta 38; 1247 consideratum est quod appellum ipsorum nullum per quod idem Henricus debeat poni ad legem JustIt 455 r. 1d.. 15 that which is lawful or just. lex, licentia, rationabile jus GlH F 22 (v. fas a); cras faustum mihi queque dies, et mane cupitum / vespera promittens spem sine lege dabat L. Durh. Dial. III 60; c1298 pravis enim displicet vite rectitudo, / lex in eis leditur et est lis pro ludo (Dunbar 14) Pol. Songs 162. 16 right, privilege. b (lex terrae) right to serve as a witness or juror. a1077 ille ‥ qui vocatus ad justitiam episcopi venire noluerit pro unaquaque vocatione legem episcopalem emendabit SelCh 100; a1087 ego A. abbatisse ‥ concedo ‥ omnes leges suas in civitate et extra civitatem sicut unquam eas melius habuit altera abbatissa CalCh V 284; ad honorem seculi taini lege dignus sit (Quad.) GAS 290; 1131 de terris, de quibus ad me clamaverint, rectum eis tenebo lege civitatis (Ch. Regis) Ib. 525; c1156 sciatis me concessisse ‥ Hugoni episcopo omnes terras et consuetudines et leges et quietudines de quibus omnibus seisita erat predicta ecclesia CalCh V 292; 1194 concessi eis liberam legem Britolli (Drogheda) BBC 30; privilegia singulorum communem legem non faciunt Gir. GE II 15 p. 237; 1205 per legem Bretoll’ ‥ et legem Anglischerie (Shrewsbury) BBC 137 (v. Anglescheria b); ut maneat in civitate et legem civitatis habeat MGL I 9 1; 1372 contra omnes personas, cujuscumque gradus, legis, dignitatis, status vel conditionis existant Foed. VI 271.  b ille campio tamquam victus omnem legem terre amittet, sc. quod in curia numquam de cetero admittetur ut testis, et ita dirationationem pro alio per duellum de cetero facere non poterit Glanv. II 3 p. 25; perpetuam infamiam incurrunt et legem terre amittunt et ita quod numquam postea ad sacramentum admittentur ‥ quia qui semel convictus est de periurio presumitur quod iterum velit peiorare Bracton f. 292b. 17 authority, controlling force. non debet monasterii monachus satisfaccionem cause mortis humane vel solvere vel deprecari, quoniam ipse egreditur de lege cognacionis, cum regule legem subit (Cons. Cnuti) GAS 287; quisque sibi lex erat Osb. Bawdsey clv; ipsa liberata a lege viri nubat cui vult P. Blois Ep. 19. 71A; non tibimet lex sis sed legis jussa sequaris D. Bec. 24; legibus uxoris succumbit quisque maritus Ib. 1951; si quis ergo Eneida legere studeat, ita ut ejus voluminis lex deposcit, ‥ Bern. Comm. Aen. 1; Dei gracia dilatatur uberius ut, servata lege concordie, bene se habeant habitator et locus Lucian Chester 72; divinam legem qui sine lege legunt Garl. Tri. Eccl. 79; sic in humana genere factum est, cujus infantia regebatur lege nature, sequens etas sub pedagogo lege timoris, tercia etas ab adventu salvatoris lege dileccionis et libertatis Gros. Cess. Leg. I 8. 17; imperator lex animata vocatur Ockham Dial. 871 (v. animare 1c); secundo per legem animatam, viz. cum superior ex causa dispensat et hoc per episcopos & papam, ‥ tertio per legem inanimatam et hoc multipliciter (Hilton) MS BL Royal 6 E iii f. 118ra. 18 rule, principle; b (of behaviour, morality); c (of grammar, metre, etc.; also fig.). quod vera lex historiae est, simpliciter ea quae fama vulgante collegimus ‥ litteris mandare studuimus Bede HE pref. p. 8; 10‥ omnis equitandi lex (v. eques 3a); nisi lex epistolae cogeret me brevitatem non excedere Anselm (Ep. 101) III 233 (v. excedere 3b); ? 1173 lex enim celestis est, et regula divini judicii, quod exitus hujus vite infelices habebit, qui mundane dominationis obtentu Christi militiam derelinquit P. Blois Ep. 42. 124D; indignanter rapit decios fallacie fortune proditores, quatit acriter duos, tercium in fraudem legis ludi positurus argute Neckam NR II 183.  b ei [sc. regi] sanctorum preferens leges J. Sal. Thom. 8; docti ‥ a Spiritu Sancto de legibus caritatis non que sua sunt querere sed que aliorum [cf. I Cor. xiii 5] J. Ford Serm. 17. 10; naturalis amicicia modestie legem sepe transgreditur P. Blois Opusc. 876A; c1220 lex est ista celebris, quam fecerunt scribi: / si tu michi dederis, ego dabo tibi (Contra Avaritiam 75) Pol. Songs 18; item papa prohibet omnibus prelatis / legem simoniacam, sed hanc tenent gratis (Divers. Ordin. 14) Ps.-Map 229.  c miror valde, quare multi corripiunt sillabas in prosa, quae in metro breves sunt, cum prosa absoluta sit a lege metri Ælf. Gram. 2; hujus grammatici [sc. mortis] lex L. Durh. Dial. IV 37; haec tibi lege metri vitam producere curat Ib. 39; in proposicione ‥ observatur lex accidentis, i. predicati, convenientis nature subjecti Neckam NR II 173 p. 293. 19 way, manner. ea lege ‥ ne ‥ B. Ep. 387 (v. ignis 4a); c1074 fornicaria lege (v. fornicarius 1a); [Orpheus] uxorem recipit ‥ hac lege quod eam perdat si retro respiciat Bern. Comm. Aen. 55; Gower VC VI 537 (v. campester). 20 territory governed by particular body of law. in lege Cantia æcclesia Christi et rex et archiepiscopus habent similem et eque carum despectum (Inst. Cnuti) GAS 615; erat etiam lex Danorum Norþfolc, Suþfolc, Grantebriggescyre (Leg. Ed. 33) Ib. 660; tres leges dicuntur, scilicet Essexenelaga, Mircenelaga, et Denelaga MGL II 624. 21 alloy (cf. OF aloi). monetam ‥ in falsa lege Dial. Scac. I 3F (v. falsarius 2a); ut monetarii sub eo constituti legis constitute fines non excedant Ib. I 7D; 1228 monetam ‥ fieri faciatis de lege et pondere Turonensi Pat 199; 1253 debent [monetarii] ‥ facere et operari denarios Burdegalenses ad quatuor denarios minus una pogeta, de lege et de argento sterlingorum RGasc I 273b.

lēx, (5) lēgis, f. (lĕgo), ¶ 1 motion faite par un magistrat devant le peuple, proposition de loi, projet de loi : legem ferre, rogare, présenter un projet de loi au peuple ; promulgare, lʼafficher [avant quʼil ne soit soumis au vote] ; perferre, le faire voter ; sciscere, jubere, lʼagréer [en parl. du peuple] ; antiquare, repudiare, le repousser, le rejeter ; suadere, dissuadere, parler pour, contre ; le soutenir, le combattre [devant lʼassemblée du peuple] ¶ 2 projet sanctionné par le peuple (populus), ordonnance émanant du peuple, loi, différente du plebiscitum, v. Gell. 10, 20  : lex ambitus, de pecuniis repetundis, loi sur la brigue, sur les concussions ; lex agraria, loi agraire ; salva lege Ælia et Fufia Cic. Vat. 37, sans enfreindre les lois Ælia et Fufia ; sua lege damnatus Cic. Br. 305, condamné par application de sa propre loi ; cum pro se ipse lege Varia diceret Cic. Tusc. 2, 57, comme il plaidait pour lui-même sous le coup de la loi Varia ; utitur hac lege, qua judicium est Cic. Verr. 2, 4, 17, il fait appel à cette loi, en vertu de laquelle ces débats sont institués ; lege agere, v. ago ; ex lege rem judicare Cic. Inv. 2, 131, juger une affaire dʼaprès une loi ; per legem non licet... Cic. Agr. 2, 78, la loi ne permet pas... ; lex est ut Cic. Inv. 2, 96 ; 98 (ne Cic. Inv. 2, 95 ; Phil. 1, 19 ), il y a une loi ordonnant que (défendant que) ; suis legibus uti Cæs. G. 1, 45, 3, conserver son indépendance [en parl. dʼun peuple] || [fig.] loi, règle, précepte : sibi graves leges imponere Cic. Ac. 2, 23, sʼimposer des lois rigoureuses ; leges imponere alicui Cic. Par. 36, faire la loi à qqn, le gouverner à sa guise ; unius disciplinæ leges Cic. Tusc. 4, 7, les lois dʼune seule école ; alias in historia leges observandas, alias in poemate Cic. Leg. 1, 5, [tu penses] quʼil faut observer dans lʼhistoire dʼautres lois que dans la poésie ; primam esse historiæ legem, ne Cic. de Or. 2, 62, que la première loi de lʼhistoire est de ne pas... ; vetus est lex amicitiæ, ut... Cic. Planc. 5, cʼest une ancienne loi de lʼamitié que... ; lex naturæ Cic. Off. 3, 69, loi naturelle ; grammatica lex Gell. 13, 21, 22, loi grammaticale ; citharæ leges Tac. Ann. 16, 4, les lois du joueur de lyre ; [poét.] sparsi sine lege capilli Ov. H. 15, 73, cheveux épars en désordre ¶ 3 contrat, pacte [fixé par une formule immuable] : lex mancipii Cic. de Or. 1, 178, contrat de vente || cahier des charges dʼune entreprise, cf. Cic. Verr. 2, 1, 134 ; Cato Agr. 145 ; 146, etc. ; CIL 1, 577 ; [en part.] leges censoriæ Cic. Verr. 2, 3, 16, contrats des censeurs [fixés aux fermiers de lʼÉtat] || Manilianæ leges Cic. de Or. 1, 246, les formules de Manilius || clause, condition : pacem iis legibus constituerunt ut Nep. Timoth. 2, 2, ils établirent la paix avec des conditions telles que, cf. Liv. 30, 43, 4, etc. || [fig.] lex vitæ Cic. Tusc. 4, 62, clause, condition imposée dès la naissance aux êtres vivants, cf. Sen. Ep. 108, 6 (mais dare legem vitæ Sen. Ben. 1, 4, 2 = édicter une règle de conduite) ; homines ea lege nati, ut... Cic. Fam. 5, 16, 2, des hommes que leur naissance assujettit à cette loi que...

lex , legis. f.
法度。規矩。約。Lege hac 約如是。Legibus eum aggredi 舆之搆訟。Legibus solvere 寛免律。Legem ferre ei 為彼立一法。

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lēx lēgis, f

• 3 LEG-, a formal proposition for a law, motion, bill(offered by a magistrate to the people): legem ferre: antiquare: rogare: legem promulgavit pertulitque, ut, etc., L.: a dictatore comitiis lata: scivit legem de publicanis: populusR.iussit legem de civitate tribuendā: repudiare.— A bill adopted by the people in the comitia, enactment, law: civitati legem constituere: leges ac iura labefactare: legem condere, L.: decem tabularum leges, the ten(afterwards twelve) tables, composed by the decemvirs, L.: fraudem legi facere, evade the law, L.: omnia lege facta, legally: ut legibus fieret iudicium, according to law, N.: lictorem lege agere iubere, do his office, L.: Lege agito, bring an action, T.—A law, precept, regulation, principle, rule, mode, manner: meā lege utar, T.: haec lex in amicitiā sanciatur: veri rectique: prima historiae, ne quid falsi dicere audeat: lex amicitiae, ut idem amici semper velint: leges Epicuri: ultra Legem tendere opus, H.: lex et ratio loquendi, Iu.: equi sine lege ruunt, in disorder, O.: hanc dederat Proserpina legem, had prescribed this order, V.—A contract, agreement, covenant: in mancipi lege, a contract of sale: Manilianas venalium vendendorum leges ediscere, legal forms.—A condition, stipulation: hac lege tibi adstringo meam fidem, T.: legibus dictis, L.: fata Quiritibus Hac lege dico, ne, etc., H.: leges captis inponere, conditions, O.: sed vos saevas imponite leges, Iu.: pax data Philippo in has leges est, terms, L.: se sub leges pacis iniquae Tradere, V.

LEX

LEXThis term indicates generally a rule of law binding universally on the citizens of a given state: Lex est commune praeceptum, virorum prudentium consultum, delictorum coercitio, communis reipublicae sponsio (Dig. 1, 3, 1); Legis virtus est haec, imperare, vetare, permittere, punire (ib. 7). In the works of the Roman writers and jurists it is used to denote an enactment of any body (or even individual) constitutionally empowered to legislate, but more properly it is used only of the enactments of the Comitia Centuriata. Definitions of lex will be found in Cicero, de Leg. 1.6 (cf. 2.16); in Aulus Gellius (Gell. 10.20(by the jurist Capito); in Gaius, 1.3 (adopted in Justinian's Institutes, 1.2, 4); and in Dig. 1, 3, 1(by Papinian).

The earliest leges of which we read were those made in the Comitia Curiata (whence they are called Leges Curiatae), which till the reforms of Servius Tullius was the only legislative body at Rome. Some of these--the so-called leges regiae --were said to have been enacted by the Comitia on the motion of Romulus, as well as of the kings who succeeded him (Dig. 1, 2, 2, 2). Dionysius says (3.36) that a collection of these leges regiae was made towards the end of the regal period by one Sextus Papirius, a commentary on which, written in the time of Julius Caesar by Granius Flaccus, is quoted in Dig. 50, 16, 144; but it is improbable that they were anything more than formal restatements of customary law already binding, and the fact that Sextus Papirius was (according to Dionysius) a pontifex suggests that they may have been only of sacerdotal import. (Some of their substance has been collected in a fragmentary form by earlier writers, and there is an essay on the subject by H. E. Dirksen: Versuche zur Kritik und Auslegung, Leipzig, 1823). It may indeed be doubted whether any large proportion of the enactments of the Comitia Curiata were genuine laws, though the fifty leges of Servius mentioned by Dionysius (Dionys. 4.13) seem to have made some general changes; at any rate it is certain that after the establishment of the Comitia Centuriata by Servius Tullius the assembly of the Curiae, as a legislative body, fell almost entirely into disuse. We read of its conferring the imperium on the magistrates, sanctioning testaments and adrogations, and confirming some of the resolutions of the centuries which were held to require a religious sanction, and in all these cases it acted by a resolution or lex, but the difference between such a lex and a true law is too obvious to need any further exposition. And though even under Augustus a shadow of the old constitution was preserved in the formal bestowal of the imperium by a Lex Curiata only, the assembly of the Curiae had ceased even before Cicero's time to consist of the old patricians: they were merely represented by thirty lictors.

In the sense of a genuine enactment, establishing a rule of law, lex denotes the legislation of the Comitia Centuriata, in which the law was proposed (rogabatur) by a magistrate of senatorial rank, usually by one or both of the consuls for the year (Inst. 1.2, 4). Such leges were also called populiscita (Festus, s. v. Scitum Pop.).

The resolutions of the Comitia Tributa, whose origin was almost contemporaneous with that of the centurial assembly, had not at first the force of law: they seem to have been regarded merely as expressions of plebeian opinion, by which the patricians gauged the temper of the political opposition, and were guided to the line of policy which party exigencies rendered expedient. They were known as plebeiscita because the Comitia Tributa was at first attended only by members of the plebs, though every Roman was in fact enrolled in a tribe, and entitled to attend. When the tribunate of the plebs was instituted (circ. B.C. 494), a means was provided by which the resolutions of the tribes might become law. The tribunes were permitted to appear at the threshold of the building where the senate deliberated, and lay before it the proposals of the order which they represented: if approved, these proposals could then be referred in the ordinary way to the Comitia Centuriata, and thereby become genuine enactments of the sovereign populus (Val. Max., 7). After the enactment of the Lex Horatia Valeria (B.C. 449) the patricians seem to have begun to take part in the business of the Comitia Tributa, and it was perhaps provided by the same statute that plebiscita which related to matters of purely private law should have binding force without confirmation by the centuries. This exemption was apparently extended to all plebiscita by the first of the Leges Publiliae, B.C. 339 (Liv. 8.12; Gellius (Gell. 15.27), and finally a Lex Hortensia (B.C. 287) dispensed with the requirement of senatorial sanction to plebiscita. By this last change they were placed on a footing of complete equality with leges passed in the Comitia Centuriata (Dig. 2, 14, 7, 7; Gaius, 1.3; Inst. 1.2, 4): as the latter were proposed to the centuries by a senatorial magistrate, so they were submitted to the tribes by a tribune: leges related in the main to administrative and constitutional matters, plebiscita to matters of private law. The result of the equal legislative authority of the two comitia was that plebiscita came not uncommonly to be called leges, lex becoming a generic term (Dig. 1, 3, 32, 1), to which was sometimes added the specific designation, as lex plebeivescitum, lex sive plebiscitum est (e. g. the Tabula Heracleensis, Savigny, Zeitschrift, &c. vol. 9. p. 355). Cicero, in his enumeration of the sources of Roman law (Top. 5), does not mention plebiscita, which he undoubtedly included under leges: among the so-called leges which in fact were plebiscita are the Lex Aquilia (Cic. pro Tullio, 8, 11; Dig. 9, 2, 1, 1), the Lex Canuleia, Lex Rubria, &c.

The term rogatio means any measure proposed (bill, projet de loi) to the legislative body, whether on its enactment it would technically be a lex or a plebiscitum: hence the expressions populum rogare (Cic. Phil. 1.1. 0, 26), plebem rogare (de Leg. 3.3, 9), legem rogare (de Republ. 3.10, 17; Phil. 2.29, 72; Dig. 9, 2, 1, 1), and, by analogy, magistratum rogare, to offer a magistrate for election to the people (Liv. 3.65, 6.42-Z2; Cic. ad Att. 9.1. 5, 2, &c.; Sallust, Sal. Jug. 29: cf. Festus, s. v. Rogatio). The form of such rogation (in the case of an adrogation effected before the Comitia Curiata) is given by Gellius (Gell. 5.19, 5, 9: Velitis jubeatis, uti L. Valerius L. Titio tam jure legeque filius siet, quamsi ex eo patre matreque familias ejus natus esset, utique ei vitae necisque in eum potestas siet, uti patri endo filio est, haec ita uti dixi, ita vos quirites rogo. Assent to the proposal was expressed in the form uti rogas (which explains the term sponsio in the definition of lex above from Dig. 1, 3, 1); rejection by the verb antiquo (Liv. 4.58, 5.30-Z2, 55, &c.; Cic. de Off. 2.2. 1, 73; ad Att. 1.13; de Leg. 3.17, 38). The measures submitted were not unfrequently called rogationes even after their definite enactment as leges or plebiscita; and in Dig. 35, 2, 1, pr., an enacted statute is termed lex rogata. Promulgare legem denotes the publication of its terms for the public information (see LEX CAECILIA DIDIA inf.), such publication being usually followed by contiones or meetings in which the bill was explained and recommended to the people by its proposer or supporters (suasores): this promulgation and informal discussion is expressed by the phrase ferre legem as contrasted with rogare, which is confined to the solemn submission of the measure to the Comitia for acceptance or refusal: the general term used for acceptance is rogationem accipere. Legem perferre is to carry a rogatio, to convert it into a lex (Cic. Cornel. fragm. ap. Ascon.; Liv. 33.46). Other terms familiarly used in connexion with leges are explained by Ulpian (Reg. 1, 3): Lex aut rogatur, id est fertur: aut abrogatur, id est, prior lex tollitur: aut derogatur, id est, pars primae legis tollitur: aut subrogatur, id est, adjicitur aliquid primae legi: aut obrogatur, id est, mutatur aliquid ex prima lege.

By Festus rogatio is described as equivalent to what is otherwise called privilegium: a command of the populus relating to one or more persons, but not to all persons, or relating to one or more things, but not to all: cf. Dig. 50, 17, 196. Privilegia had been forbidden by the Twelve Tables (Cic. de Leg. 3.1. 9, 44; pro Domo, 17, 43), but in the sense of statutes in favour of or directed against individuals they are common; e. g. the Lex Centuriata by which Cicero was recalled from exile: Non sunt generalia jussa, ... sed de singulis concepta, quocirca privilegia vocari debent, quia veteres priva dixerunt quae nos singula dicimus (Gellius (Gell. 10.20, 4). The term is generally used by Cicero in the unfavourable sense (pro Domo, 17, 43; pro Sestio, 30, 65; Brut. 23, 89), and from the language in pro Domo, 11, 28, it may be inferred that privilegia were not considered leges proper: cf. Ulpian in Dig. 1, 3, 8: Jura non in singulas personas, sed generaliter constituuntur. In the Corpus juris privilegium is used generally to denote a jus singulare or privilege conferred on classes by law: cf. Dig. 1, 3, 16; 9, 2, 51, 2; 1, 3, 14and 15: and see Savigny, System, 1. p. 61.

Of the form and style of Roman legislation we can judge to some extent from the fragments which survive. The Romans seem to have always adhered to the old expressions, and to have used few superfluous words. Great care was taken with such clauses as were intended to alter a previous lex (whence the standing clause de impunitate si quid contra alias leges, ejus legis ergo, factum sit, Cic. ad Att. 3.2. 3), and to avoid all interference with prior enactments when no change in them was contemplated (whence the common formula ejus hac lege nihil rogatur, E. H. L. N. R. Lex Tab. Heracl., Lex Rubria, Lex Quinctia de aquaed.: cf. Valerius Probus; Cic. pro Caec. 33, 95; pro Balbo, 14, 32): though the general principle seems to have been that a subsequent repealed or modified a prior lex with which it was inconsistent. The leges were often divided into chapters (capita), e. g. the Lex Aquilia (Gaius, 3.210, 215, 217): cf. also the tablet of the Lex Rubria or de Gall. Cisalp. and Cic. ad Att. l. c. In order to preserve a permanent record, the lex was engraved on bronze (aes) and deposited in the Aerarium (Sueton. Jul. 28; Plut. Cat. min. 17): but it also seems to have been usual to cut statutes on tablets of oak (Dionys. 3.36), which were whitened over and then fixed in a public place for all citizens to read, though whether they were so exposed for any great length of time is uncertain (Cic. ad Att. 14.1. 2). The title of the lex was generally derived from the gentile name of the magistrate who proposed it, and sometimes from those of both the consuls or praetors (e. g. Lex Aelia Sentia, Junia Norbana, Papia Poppaea, &c.): and it was sometimes further described by reference to the topic to which it related (e. g. Lex Cincia de donis et muneribus, Lex Furia de sponsu, Lex Furia testamentaria, Lex Julia municipalis, &c.). Leges which related to a common subject were often designated by a collective name, as Leges agrariae, judiciariae, sumptuariae, &c. When a lex comprised very various provisions, relating to matters essentially different, it was called Lex Satura.

The terms in which a statute was expressed were fixed by the proposer, though he would usually be assisted by others who possessed the requisite familiarity with technical language: it was proposed to the Comitia for acceptance or rejection in its entirety, there being no discussion of or alteration in its clauses, which indeed in such an assembly would have been injurious, if not impossible. One important part of the lex was its sanctio --i.e. that part of it which provided a penalty for, or declared what should be the effect of, its infraction (Inst. 2.1, 10; Auct. ad Herenn. 2.10; Cic. de Invent. 2.4. 9, 146; Papinian in Dig. 48, 19, 41). If the sanctio declared that the act against which the statute was directed should be void, the lex was said to be perfecta; if there was no such provision, it was imperfecta (e.g. the Lex Cincia): and if an act was merely penalised, but not declared void, the lex is said by Ulpian (Reg. 1, 2) to be called minus quam perfecta (e. g. the Leges Furiae testamentaria and de sponsu): cf. Savigny, System, 4. p. 549 sq.

The number of leges was largely increased towards the end of the republican period (Tac. Ann. 3.25-28), and Julius Caesar is said to have contemplated a revision of the whole of them. Augustus, and perhaps his immediate successors, was careful to conduct his legislation under republican forms, though it may be doubted whether any statute was enacted after the fall of the Republic except on the initiative of the emperor, or at any rate without his sanction express or implied. The Comitia assembled and gave the force of law to the proposals submitted to them for some time after the constitution had lost all trace of real freedom (Tac. Ann. 1.15relates to the election of magistrates, not to legislation); and most of the Leges Juliae, a Lex Visellia, an agrarian law of Caligula, and a law of Claudius (Gaius, 1.157, 171) were enacted in the ordinary way. The last statute which we know to have been passed in this manner is a lex agraria of the time of Nerva (A.D. 96-98), mentioned in Dig. 47, 21, 3, 1. Gaius speaks of the Comitia as in theory still a source of law ( lex est, quod populus jubet atque constituit, plebiscitum, quod plebs jubet atque constituit, 1.3: cf. Inst. 1.2, 4, in which the present tense has been turned into the past): but it is improbable that they had been called upon to discharge legislative functions since A.D. 100.

For some reigns after that of Augustus legislation was most ordinarily conducted by resolutions of the senate [SENATUSCONSULTUM], into which the proposed law was introduced by a consul, or very often by an oration of the emperor [CONSTITUTIONES]. Originally senatusconsulta did not acquire the force of law until they had been confirmed by the Comitia, in which case they were leges proper: but during the last half-century of the Republic the senate asserted and established an independent right of legislation. Hence, when genuine statutes ceased to be enacted with any frequency, senatusconsulta came to be actually called leges. Justinian says (Inst. 1.2, 5), Cum auctus esset populus Romanus in eum modum ut difficile esset in unum eum convocari legis sanciendae causa, aequum visum est senatum vice populi consuli: a passage based on similar language of Pomponius in Dig. 1, 2, 2, 9. The name comitia came to be commonly given to the sittings of the senate (Tac. Ann. 1.15; Capitol. Max. 10). Gaius says (1.4) that a senatusconsultum vicem legis obtinet, and in 1.85 he terms a senatusconsult of Claudius a lex: for similar passages cf. Dig. 14, 6, 9, 4; ib. 14; 48, 16, 10. No senatusconsulta occur after the reign of Septimius Severus (A.D. 193-211). The constitutions of the emperors, which succeeded senatusconsulta as the ordinary mode of legislation, were also called leges (e.g. Lex Anastasiana, Cod. 4, 35, 22): cf. Inst. 1.2, 6, and Dig. 1, 4, 1: Quodcunque Imperator statuit, legem esse constat. [See CONSTITUTIONES]

A less common and proper signification of lex, quite distinct from that of a general rule of law, is that in which it denotes the conditions under which a thing is to be done, or under which parties contract with one another: e. g. lex commissoria [COMMISSORIA ]; leges venditionis or emptionis, conditions of sale, Dig. 18, 1, 40(which explains why Cicero speaks of Marcus Manilius' work on sales as Manilianas venalium vendendorum leges, de Orat. 1.58, 246); legem traditioni dicere, Dig. 8, 4, 17, 3; lex donationis, Dig. 1, 5, 22, Accordingly we find the expression leges censoriae to express the conditions on which the censors let the public property or taxes to farm, which were perhaps embodied in certain standing regulations (Fragm. de jure fisci, § 18; Dig. 50, 16, 203). Similarly the term is used of conditions imposed on a testamentary disposition: legatario legem dicere, Dig. 40, 5; 40, 1; cf. Dig. 32, 22, pr. Not unfrequently lex denotes merely the statute of the Twelve Tables (e. g. Dig. 2, 14, 7, 14; 8, 3, 13; 41, 3, 3, &c.), and in one passage it means nothing more than the nature or character of a thing: lex danda operi talis, ne quid noceat vicinis, Dig. 39, 2, 15, 10. The extant authorities for Roman leges are inscriptions and the works of the classical writers and jurists. The Corpus Inscriptionum Latinarum of Mommsen of course comprises all extant records of authentic legislation, along with a vast number of other inscriptions; smaller collections, relating more particularly to leges, are those of Göttling (Römische Urkunden auf Erz und Stein, Halle, 1845) and Zell (Delectus inscriptionum cum monumentis legalibus fere omnibus): cf. also Rudorff, Römische Rechtsgeschichte, 1. § § 81-86. The best information as to the fragmentary citations from or references to leges which are found scattered about in non-juristic Latin writers is to be obtained from Haubold's Institutiones juris Romani litterariae, vol. i. pp. 241-44, 297-349 (Leipzig, 1809): of the imperial legislation (independently of the Codes which have come down to us) there is a very full collection by Haenel, Corpus legum, &c. Fasc. i. (Leipzig, 1857). But perhaps the most useful modern collection to the classical student is that of Orelli (vol. viii. of his edition of Cicero) entitled Index legum Romanarum quarum apud Ciceronem ejusque Scholiastas, item apud Livium, Velleium Paterculum, A. Gellium nominatim mentio fit.

The following is a list of the principal Leges:--

ACILIA

ACI´LIADE COLONIIS DEDUCENDIS, B.C. 198 (Liv. 32.29).

ACILIA

ACI´LIAREPETUNDARUM, B.C. 102 (Cic. in. Verr. 1.1. 7, 51; 2.1, 9). [REPETUNDAE]

ACILIA CALPURNIA

ACI´LIA CALPURNIAB.C. 68 (Dio Cass.). [AMBITUS]

AEBUTIA

AEBU´TIAenacted probably about B.C. 170 (for the various views as to its precise date see Rudorff, Rechtsgeschichte, 1.44, p. 106; Padelletti, Hist. Roman Law, ch. 32, note 2): it abolished the legis actio procedure except in suits tried before centumviri, in cases of damnum infectum, and for the voluntary jurisdiction employed for adoptions, manumissions, in jure cessio, &c. (Gellius (Gell. 16.10, 8; Gaius, 4.31). [JUDEX; ACTIO. ] Another lex of the same name prohibited the proposer of a lex which created any office or power (curatio ac potestas) from having such office or power, and even excluded his collegae, cognati and affines (Cic. de lege agr. [in Rull.] 2.8, 21; de Domo, 20, 51).

AELIA

AE´LIAThis and a Lex Fufia passed towards the end of the sixth century of the city (Cic. in Pison. 5, 10) gave every magistrate the right of declaring beforehand his intention of taking the omens on a fixed day, and thereby (on the plea of their being unfavourable) of preventing the assembly of the Comitia (obnuntiatio). This right was frequently exercised against the tribunes of the people (Cic. in Vatin. 7, 9), for which reason Clodius (B.C. 58) got it temporarily taken away (Dio Cass.). The better opinion seems to be that there were two distinct leges (see Walter, Geschichte des römischen Rechts, § 152, note 98); they are frequently mentioned by Cicero, especially in Vatin.; pro Sestio; in Pison.; ad Att. 1.16, 2.9, 4.16, 5. See also Orelli's discussion of them in his Onomasticon; Index Legum, where the passages in which they are mentioned are collected; and Mommsen, Römisches Staatsrecht, i. pp. 80, 107.

AELIA

AE´LIADE COLONIIS DEDUCENDIS, B.C. 195 (Liv. 34.53).

AELIA SENTIA

AE´LIA SE´NTIAThis was passed A.D. 4, mainly to prevent the true Roman population from being swamped by a too free exercise of the master's right of making his slaves citizens of Rome by manumission [LIBERTUS]. It contained the following provisions:--

(i.) Slaves who had been put in irons or branded by their masters as a punishment, or put to torture on a criminal charge and convicted, or made to fight in the arena, or thrown into prison or consigned to the gladiatorial school, were not by subsequent manumission to attain any higher status than that of peregrini dediticii (Gaius, 1.13; Ulpian, Reg. 1.11; Paul. Sent. rec. 4.12, 3-8: see DEDITICIIand LIBERTUS). (ii.) Slaves under thirty years of age could not in future be manumitted so as to become cives unless the form of manumission were per vindictam, and a sufficient reason for it were proved before a consilium, consisting at Rome of five senators and five equites, sitting on fixed days, and in the provinces of twenty recuperatores or judges who were cives, and who sat for this purpose on the last day of the conventus or judicial assize in different towns (Gaius, 1.18, 20; Ulp. Reg. 1.12). Among the sufficient reasons (justae causae) were that the slave was a child or near relation of the manumitter, or his paedagogus; or that he wished to make him his agent, or (being a girl) to marry her (Gaius, 1.19). But even a slave under thirty could be made a civis by his master's will if he were instituted heres necessarius cum libertate, and the master was insolvent (Gaius, 1.21). Slaves under thirty manumitted otherwise than vindicta apud consilium at first remained slaves in the eye of the law [LIBERTUS], but by the Lex Junia Norbana, A.D. 19, they acquired the status of Latini. The Lex Aelia Sentia, however, itself provided one way in which they could rise to the condition of civitas; that is to say, if they married a civis Romana, or a Latina coloniaria, or a woman of the same class as themselves, had as evidence of this fact the presence of five Roman citizens of full age, and begot a son who attained the age of one year, they could prove these facts to the praetor at Rome, or the governor in a province,; and on the magistrate declaring the case proven, the man, his wife and child became all Roman citizens. If the man died before he had proved his case to the magistrate, the mother could do it, and the legal effect was the same. There were also other modes in which a Latinus could become civis [LATINITAS; cf. Poste's Gaius, note on 1.35]. (iii.) Manumission by a master under twenty was declared void unless made per vindictam and on proof of a justa causa of the same kind as above before the consilium (Gaius, 1.38). Thus, after this, though he could make a will at fourteen, a master could not manumit his slaves by it unless he was twenty (Gaius, 1.40); but Justinian permitted testamentary manumission at seventeen (Inst. 1.6, 7) and (by Nov. 119, 2) even at fourteen. Even manumission in one of the informal modes (e.g. inter amicos) by a master under twenty, which at the most could only have made him a Latinus, was held void unless a justa causa were proved before the consilium (Gaius, 1.41). (iv.) Manumission being an act by which a man diminished his property, manumission in fraud of creditors was by the statute made revocable by the latter (Gaius, 1.37; Inst. 1.6, pr.--4), and this provision was extended to peregrini by a senatusconsult under Hadrian (Gaius, 1.47): but it did not apply to the institution of a slave as necessarius heres, in order to save the testator from the disgrace of posthumous bankruptcy (Inst. 50.100.1). Similarly the patron of a freedman who owned slaves was enabled to prevent the libertus from prejudicing his contingent rights of succession by revoking manumissions in fraudem patroni (Gaius, 1.37). (v.) The statute also allowed a patron to bring a criminal prosecution against his liberti if guilty of ingratitude (Dig. 40, 9, 30; 50, 16, 70, pr.: cf. Tac. Ann. 13.26).

Of the above provisions only the third and fourth were in force under the law of Justinian. The supposed reference to a Lex Aelia Sentia in Cicero (Top. 2, 10) is shown by Orelli to be a myth.

AEMILIA BAEBIA

AEMI´LIA BAE´BIA[CORNELIA BAEBIA. ]

AEMILIA

AEMI´LIADE CENSORIBUS, passed by M. Aemilius when dictator, B.C. 433: it gave the censors, though elected at intervals of five years, only a year and a half instead of a whole lustrum for the discharge of their functions (e. g. holding the census and letting out the taxes and public works to farm), so that the state was without censors for intervals of three years and a half (Liv. 4.24, 9.33-Z2, 34; Mommsen, Röm. Staatsrecht, 2. p. 336).

AEMILIA

AEMI´LIADE LIBERTINORUM SUFFRAGIIS, B.C. 116 (Aurel. Vict. de Vir. illustr. 72).

AEMILIA

AEMI´LIASUMPTUARIA, passed by Aemilius Lepidus, B.C. 179 (Macrob. Saturn. 2.13, p. 369). Pliny (Plin. Nat.8.223) seems to be referring to a different sumptuary law of the same name passed by M. Aemilius Scaurus, B.C. 116, though this may have been identical with the Lex Aemilia de libertinorum suffragiis.

AGRARIAE

AGRA´RIAE[AGRARIAE LEGES: and LEX APULEIA; CASSIA; CORNELIA; FLAMINIA; FLAVIA; JULIA; LICINIA; MAMILIA;, SEMPRONIA; SERVILIA; THORIA. ]

AMBITUS

A´MBITUS[AMBITUS]

AMPIA

A´MPIAa lex proposed by T. Ampius and T. Labienus, trib. plebis, B.C. 64, by which Cn. Pompeius was allowed to wear a crown of bay at the Ludi Circenses, and the like (Vell. Paterc. 2.40; Dio Cass.).

ANASTASIANA

ANASTASIA´NAa constitution of the Emperor Anastasius, A.D. 506 (Cod. 4, 35, 22), providing that no purchaser of a debt or chose in action should be able to recover more from the debtor than what he had paid for it himself, with ordinary interest, even though it was alleged that the transaction was in part a gift (Vangerow, Lehrbuch der Pandekten, § 576).

ANNALES

ANNA´LESwere those statutes which determined at what age a man might be a candidate for the several magistracies: if he was elected to one at the earliest possible age, he was said to become praetor, consul, &c., anno suo (Cic. de Off. 2.1. 7, 59; Philip. 5.17, 47 sq.; Tac. Ann. 11.22). The first of them was a Lex Villia, proposed by L. Villius, a tribune, B.C. 180 (Liv. 25.2, 40.44-Z2), by which a man could be elected quaestor at the age of thirty-one, aedile at thirty-seven, praetor at forty, and consul at forty-three. There seems to have been a Lex Pinaria on the same subject carried by one M. Pinarius Rusca, a tribune, circ. 134 B.C. (Cic. de Orat. 2.65, 261): see Wex, Rhein. Museum, 1845, pp. 276-288; Hofmann, Röm. Senat. pp. 172-177.

ANTIA

A´NTIA(Gell. 2.24, 13; Macrob. Saturn. 2.13). [SUMPTUARIAE LEGES]

ANTONIA

ANTO´NIADE TERMESSENSIBUS, a plebiscitum enacted circ. 72 B.C., by which Termessus in Pisidia was recognised as libera. (See FOEDERATAE CIVITATES; Puchta, Institutionen, § 69; and Dirksen, Bemerkungen über das Plebiscitum de Thermensibus.)

ANTONIAE

ANTO´NIAEthe name of various enactments proposed or passed by the influence of M. Antonius after the death of the dictator Julius Caesar (Cic. Phil. 3.4, 9; 5.4-Z2, 10; 6.2-Z2, 3; 13.3-Z2, 5; ad Fam. 12.14, 6). One abolished the dictatorship (Phil. 1.1, 3; Dio Cass.); others related to the constitution of the judicia (Phil. 5.5, 12; 8.9, 27), to appeals after conviction for Vis or Majestas (Phil. 1.9, 21), to permutatio of the provinces (Dio Cass., 20; Vellei. 2.20; Appian, Bell. Civ. 3.27, 30), to honours to be paid to Caesar at the ludi Romani (Phil. 2.43, 110), and to an agrarian division of land (Phil. 5.3, 7; Dio Cass.).

APULEIA

APULE´IAB.C. 102, gave one of two or more sponsors or fidepromissors (sureties), who paid the whole debt which they had guaranteed, the right of bringing an actio pro socio against the rest for the recovery of what he had paid in excess of his fair share (Gaius, 3.122). [INTERCESSIO]

APULEIA

APULE´IAAGRARIA, proposed by the tribune L. Apuleius Saturninus, B.C. 101 (Liv. Epit. 69; Appian, Bell. Civ. 1.29; Cic. pro Sestio, 16, 37; 47, 101).

APULEIA

APULE´IADE COLONIIS DEDUCENDIS, perhaps really a chapter of the preceding lex: at any rate passed by the same tribune in the same year (Aurel. Vict. de Vir. illust. 73; Cic. pro Balbo, 21, 48).

APULEIA

APULE´IAFRUMENTARIA, of the same date and author (Auct. ad Herenn. 1.12, 21). [FRUMENTARIAE LEGES]

APULEIA

APULE´IAMAJESTATIS, probably passed by the same tribune and about the same time (Cic. de Oral. 2.2. 5, 49, 107, 201). [MAJESTAS]

AQUILIA

AQUI´LIAcirc. B.C. 287. [DAMNI INJURIA ACTIO. ]

ATERNIA TARPEIA

ATE´RNIA TARPEIAB.C. 454, gave to all magistrates the right, which had hitherto belonged only to the consuls, of fining those who resisted their authority: the maximum of the fine, which had been fixed by a Lex Valeria (B.C. 509) at two sheep and five oxen, was raised to two sheep and thirty oxen: cf. PAPIRIA or JULIA PAPIRIA (Cic. de Republ. 2.3. 5, 60; Dion. Halic. 10.50; Gellius (Gell. 11.1, 2-3; Festus, s. vv. Ovibus, Duobus, Peculatus; Paul. Diac. ex Festo, s. v. Maximam Multam; Plin. Nat.18.11; Niebuhr, Röm. Geschichte, 2. p. 341 sq.; Mommsen, Röm. Staatsrecht, 1. p. 128; Huschke, Multa, pp. 31, 46, 88; Puchta, Institutionen, § 53 ad fin.; Walter, Geschichte des röm. Rechts, § 820.)

ATIA

A´TIADE SACERDOTIIS, B.C. 63, proposed by the tribune T. Atius Labienus; it restored the regulations of the Lex Domitia on the same subject, which had been repealed by Sulla (Dio Cass.; Ascon. in Div. 3).

ATILIA

ATI´LIA[JULIA LEX ET TITIA; TUTOR. ]

ATILIA MARCIA

ATI´LIA MA´RCIAB.C. 312, related to the election of tribuni militum by the people (Liv. 9.30).

ATINIA

ATI´NIApassed perhaps B.C. 198, repeated the rule of the Twelve Tables that stolen property should not be acquirable by usucapio, and added that the vitium furti should be removed, and the property admit of usucapio, as soon as the owner recovered possession of it, or was in a position to bring a vindicatio for its recovery (Gell. 17.7; Inst. 2.6, 2; Dig. 41, 3, 4, 6; 50, 16, 215: see FURTUM).

ATINIA

ATI´NIAa plebiscitum of the time of Sulla; apparently enacted that tribuni plebis should be elected solely from senators. The chief authority on its content is Gell. 14.8(cf. Plin. Nat.7.143; Cic. pro Dom. 47), which may also be interpreted to mean (1) that tribuni plebis should become senators virtute officii sui (Becker, 2.2, 277), or (2) that they might (but not must) be chosen from senators (Hofmann, Böm. Senat. pp. 144-165). On the different views, see Walter, Geschichte des röm. Rechts, § 140, note 128. There is a reference to certain Leges Atiniae in Cic. Phil. 3.6, 16; Verr. 1.42, 109, of which nothing further is known.

AUFIDIA

AUFI´DIAB.C. 62 (Cic. ad Att. 1.1. 6, 13). [AMBITUS]

AURELIA

AURE´LIADE AMBITU (Cic. ad Q. fratrem, 1.3, 8).

AURELIA

AURE´LIAJUDICIARIA, B.C. 71 (Cornel. fragm. 26; Ascon. in Pis. p. 16, 19, in Com. p. 67, 78 sq.; Liv. Epit. xcvii.; Vell. Pat. 2.32, 3). [JUDEX]

AURELIA

AURE´LIATRIBUNICIA (Ascon. in Com. p. 66, 78). [TRIBUNI. ]

BAEBIA

BAE´BIAB.C. 192, enacted that four and six praetors should be chosen in alternate years; but the law was not observed, and perhaps repealed (Liv. 40.44; Festus, s. v. Rogat; Meyer, Orator. Rom. fragm. p. 90, ed. 2).

BAEBIA CORNELIA

BAE´BIA CORNE´LIASee CORNELIA BAEBIA.

CAECILIA

CAECI´LIADE CENSORIBUS or CENSORIA, carried by Metellus Scipio, B.C. 52: it repealed a plebiscitum of Clodius (B.C. 58) which had prescribed a formal procedure for the censors in exercising their functions as inspectors of Mores, by providing that they should not, in selecting the senate, pass over and so cast a slur on any one who had not been explicitly accused before them, and marked with the nota censoria by both (Ascon. in Pis. 4, p. 9 (Orelli); Cic. pro Sest. 25, 55, and Schol. Bob. p. 360; Dio Cass., 15, 40.57).

CAECILIA

CAECI´LIADE CN. POMPEIO, B.C. 63 (Schol. Bob. pro Sestio, p. 302; Dio Cass.; Plut. Cato minor, 100.26 sq.).

CAECILIA

CAECI´LIADE P. SULLA ET P. AUTRONIO (Cic. pro Sulla, 22 sq.; Dio Cass.: see Orelli, Onomasticon).

CAECILIA

CAECI´LIADE VECTIGALIBUS, B.C. 62, released the harbours of Italy from payment of direct taxes (portoria) to the state (Dio Cass.; Cic. ad Att. 2.1. 6; ad Quint. fratr. 1.10; Dig. 50, 16, 203), which, however, were re-imposed by Caesar (Suet. Jul. 43).

CAECl‘LIA DI´DIA, B.C. 98, forbade the proposing of a Lex Satura (i. e. of enactments relating to different matters in one rogatio), lest people might be compelled either to vote for something which they did not approve, or reject something which they did. It also contained a provision that leges should be promulgated trinis nundinis before they were proposed to the Comitia (Cic. Phil. 5.3, 8; pro Dom. 16, 41; 20, 53; pro Sestio, 64, 135; ad Att. 2.9, 1: see LICINIA JUNIA).

CAELIA TABELLARIA

CAE´LIA TABELLA´RIAB.C. 71. [TABELLARIAE LEGES]

CALIDIA

CALI´DIAB.C. 99, by which Q. Metellus Numidicus was recalled from exile (Val. Max., 7; Aurel. Vict. de Viris illustr. 100.62; Cic. pro Plancio, 28, 69).

CALIGULAE LEX AGRARIA

CALI´GULAE LEX AGRA´RIA[MAMILIA. ]

CALPURNIA

CALPU´RNIADE AMBITU, B.C. 67 (Dio Cass.; Cic. pro Mur. 23, 46; 32, 67). [AMBITUS]

CALPURNIA

CALPU´RNIADE CONDICTIONE, B.C. 234. [PER CONDICTIONEM]

CALPURNIA

CALPU´RNIADE REPETUNDIS, B.C. 49 (Cic. Brut. 27, 106; de Off. 2.21, 75; Verr. 4.25, 56, &c.). [REPETUNDAE]

CANULEIA

CANULE´IAB.C. 445, legalised conubium between patricians and plebeians, which had been denied by one of the two last tables of the decemviral legislation; so that issue of such a marriage would in future be in the patria potestas (Liv. 4.1, 4, 6; Cic. de Rep. 2.3. 7, 63).

CASSIA AGRARIA

CA´SSIA AGRA´RIAB.C. 486, one of the early concessions to the plebs (Liv. 2.41; Dionys. 8.76).

CASSIA

CA´SSIAB.C. 104, proposed by the tribune L. Cassius Longinus: it deprived of their senatorial rank those who had been. convicted in a judicium publicum, or whose imperium had been taken from them by the populus (Cornel. fragm. 24, p. 451: Ascon. in Cornel. p. 78, ed. Orelli). Mommsen conjectures that it also disabled such persons from all office (Staatsrecht, 1. p. 464).

CASSIA

CA´SSIA(Tac. Ann. 11.25) empowered the dictator Caesar to add to the number of the patricii, in order to prevent their extinction: cf. Sueton. Jul. 41. C. Octavius was made a patrician by this lex (Sueton. Aug. 2).

CASSIA TABELLARIA

CA´SSIA TABELLA´RIAB.C. 37 (Cic. Brut. 25, 97; 27, 106; de Legg. 3.16, 37). [TABELLARIAE LEGES]

CASSIA TERENTIA FRUMENTARIA

CA´SSIA TERE´NTIA FRUMENTA´RIAB.C. 73, provided for the distribution of corn among the poorer citizens, and for the means of obtaining it from Sicily (Cic. Ver. 3.7. 0, 163; 5.21-Z2, 52).

CICEREIA

CICERE´IAenacted that a creditor on taking sponsors or fidepromissors should first state publicly what the debt to be guaranteed was, and also the number of sureties he was going to take: if this were not done, they could, by taking action within thirty days, procure their release (Gaius, 3.123; Dig. 50, 16, 33; cf. Puchta, Institutionen, § 264, note s).

CINCIA

CI´NCIAor MUNERA´LIS, a plebiscitum carried by the tribune M. Cincius Alimentus, B.C. 204 (Cic. Cato, 4; ad Att. 1.20; de Orat. 2.71, 286; de Senect. 4, 10; Liv. 34.5), and entitled de donis et muneribus. In relation to gifts pure and simple, its enactments seem to have been two: (1) It forbade gifts beyond a certain maximum, the amount of which is unknown (Fragm. Vat. 304; Ulp. Reg. 1.1; Paul. Sent. rec. 5.11, 6; Dig. 39, 5, 21, 1); but it did not avoid gifts in excess of the limit, or even impose a penalty on the donee for taking the excess: it was, in fact, a lex imperfecta (Ulp. Reg. 1.1, 2; Macrob. Somn. Scip. 2.17). (2) It prescribed a form in which gifts must be made. A gift of a res mancipi was perfecta only if the res donata were mancipated and actually delivered (Fragm. Vat. 313), that of a res nec mancipi only if it were delivered (ib. 293, 313); that of a res mobilis was not perfected until the donee had possessed the thing for the greater part of the preceding year, for not till then was he entitled to the Interdictum Utrubi for his protection (ib. 293, 311). Absence of the mancipation form, if requisite, could be compensated for by usucapio (ib. 293). Thus the general effect of this provision was that gifts made in any other fashion (e. g. release or stipulation) were invalid (Fragm. Vat. 283, 310, 311; Dig. 20, 6, 1, 1).

Puchta (Institutionen, § 206) is of opinion that a gift was originally revocable in the ways described below if either of these provisions was disregarded: but that after some time observation of the statutory requirement as to form of conveyance was allowed to atone for violation of the rule as to amount, so that the latter became tacitly repealed by disuse. If the maximum of the Lex Cincia was no higher than that of the Lex Furia testamentaria, only twenty years later in date, it certainly must in time have come to be regarded as ridiculously small. Certain classes of donees, however, were excepted (Legis Cinciae exceptae personae) from the operation of both of these enactments, on the ground of being connected with the donor by the tie of kinship, affinity, betrothal, patronatus or guardianship (Fragm. Vat. 298-309).

But though the lex was imperfecta, there were means by which gifts in violation of its provisions could be rescinded, by the donor's having practically a power of revocation. If he were sued by a persona non excepta on a promise to give, he could defeat the action by exceptio legis Cinciae (Fragm. Vat. 310), which was also available if a res mancipi had been mancipated but not yet delivered (ib., and Dig. 44, 4, 5, 2). If it were mancipi, and had been tradita but not yet mancipated, the donor could assert his ownership in it by a vindicatio, and meet the defendant's exceptio rei donatae by replicatio legis Cinciae: and wherever the donee of a res mobilis had not possessed it for six months, the donor could recover possession by the Interdictum Utrubi. Where the gift was not revocable in any of these ways (e. g. if it had been a release of a debtor by acceptilatio, or by novation in favour of a third person, Dig. 39, 5, 21, 1), the donor was allowed an actio rescissoria, and he could recover by condictio any property of his which had definitely passed to the donee contra legem Cinciam (Fragm. Vat. 266; Dig. 39, 5, 21, 1; 44, 4, 5, 5). If, however, the donor died without revoking or expressing his intention of revoking a gift against the statute, it could not be upset by his heir: morte Cincia removetur (Fragm. Vat. 259, 266, 294).

Under the later Empire the rules of the Lex Cincia gradually went into disuse. Insinuatio (registration in the acta) of gifts to non exceptae personae was first required by Constantius Chlorus, and this rule was extended to exceptae personae by Constantine (Cod. Theod. 3, 5, 1). Later still the exemption of gifts to exceptae personae from the requirement of appropriate conveyance was done away with, except as between parent and child: and insinuatio was required by Theodosius II. only if the amount exceeded 200 solidi in value (Cod. Theod. 3, 5, 8): this maximum was raised to 500 solidi by Justinian, who also abolished the necessity of conveyance in any form, thus making a mere promise to give actionable (Inst. 2.7, 2).

Tacitus (Tac. Ann. 11.5) refers to another enactment of this statute, forbidding a person to take anything for his pains in pleading a cause, ne quis ob causam orandanm pecuniam donumve accipiat: Ann. 13.42 is explained by the fact that this provision was confirmed by a senatusconsult under Augustus, which imposed on the advocate a penalty of four times the sum received (Dio Cass.). Under Claudius, however, advocates might take fees, but not in excess of 10,000 sesterces for each suit; a sum which under Nero was represented by 100 aurei: in this reign, too, further regulations were made on the subject (Suet. Nero 17), especially one subjecting those who took any sum in excess of the specified maximum to a prosecution for repetundae. But from Pliny (Plin. Ep. 5.21) it seems that in Trajan's time the fee could not be paid until the work had been done. (Savigny, Die Lex Cincia, Zeitschrift, 4.1; Verm. Schriften, 1.315-385; Rudorff, de lege Cincia, 1825; Wenck, Preface to Haubold, Opusc. acad. 1. p. 37; Hasse, Rhein. Museum 1.185 sq., 3.174 sq.; Puchta, Institutionen, § 206; Francke, Civil. Abhandl. 1826, p. 1 sq.; Klinkhamer, de Donationibus, 1826; Bruns, Quid conferant Vat. fragm. ad Melius cognosc. jus Romanum, 1838, pp. 112 sq.)

CLAUDIA

CLAU´DIApassed by the Emperor Claudius: it abolished the tutela legitima of agnates over women not in potestas or manus, thus in effect greatly enlarging their control of their property (Gaius, 1.157, 171-2).

CLAUDIA

CLAU´DIADE SENATORIBUS, a plebiscitum of 218. B.C.: it enacted that no senator or senator's son should own a ship of larger cubic capacity than 300 amphorae (Liv. 21.63): Cicero says that in his time it was antiqua et mortua (in Verr. 5.18, 45).

CLAUDIA

CLAU´DIADE SENATU COOPTANDO HALESINORUM, B.C. 95 (Cic. in Verr. 2.4. 9, 122).

CLAUDIA

CLAU´DIADE SOCIIS, B.C. 177 (Liv. 41.8, 9).

CLODIAE

CLO´DIAEa number of plebiscita carried by Clodius when tribune, B.C. 58, and frequently referred to by Cicero and Dio Cassius: among them are--

CLODIA

CLO´DIADE AUSPICIIS [see AELIA ]: it is also enacted ut omnibus fastis diebus legem ferri liceret (Cic. pro Sestio, 15, 33; 26,56; in Vatin. 17, 35; in Pison. 4, 5; Dio Cass.).

CLODIA

CLO´DIA DE CENSORIBUS. [CAECILIA.]

CLODIA

CLO´DIADE CIVIBUS ROMANIS INTEREMTIS, which led to Cicero's exile: it interdicted from fire and water [EXSILIUM] those who had put a Roman citizen to death uncondemned (Vellei. 2.45, 1, 2; Dio Cass. xxxviii, 14). Cicero himself considered it a privilegium (ad Att. 3.15, 6; 23, 3; ad Fam. 14.4, 2; in Pison. 13, 30; pro Sestio, 24, 53; 32, 69; pro Domo, 18, 47, &c.).

CLODIA

CLO´DIADE COLLEGIIS restored the clubs or guilds (collegia) which had been abolished by a senatusconsult, probably of B.C. 64, and permitted the formation of new ones (Cic. ad Att. 3.1. 5, 4; pro Sest. 25, 55; in Pison. 4, 8; Dio Cass.). Nearly all of them were subsequently swept away by Julius Caesar (Sueton. Jul. 42).

CLODIA

CLO´DIADE LIBERTINORUM SUFFRAGIIS (Cic. pro Milon. 12, 33; 33, 89).

CLODIA

CLO´DIADE PESSINUNTIO MATRIS MAGNAE SACERDOTE (Cic. pro Sest. 26, 56).

CLODIA

CLO´DIADE PROVINCIIS CONSULARIBUS (Cic. in Pison. 16, 37).

CLODIA

CLO´DIADE REGE PTOLEMAEO ET DE EXSULIBUS BYZANTINIS (Vellei. 2.45; Cic. pro Domo, 8, 20; 20, 52; pro Sestio, 26, 57; Dio Cass.; Plut. Cat. min. 34).

CLODIA

CLO´DIAFRUMENTARIA, directing the free distribution of corn to the poorer citizens instead of its sale at a low rate (Dio Cass.; Cic. pro Sest. 25; Ascon. in Pison. 4; pro Dom. 10, 26). [FRUMENTARIAE LEGES]

COCTIA

CO´CTIAthe reading in Cic. ad Att. 4.1. 6, 14: it means the lex judiciaria of L. Aurelius Cotta. [AURELIA JUDICIARIA. ]

COLONIAE GENETIVAE

COLO´NIAE GENETI´VAEa lex of B.C. 44, regulating the constitution of this colony, established by Julius Caesar on the site of Urso in Baetica: discovered on bronze at Osuna in 1870, 1875 (Bruns, Fontes juris Rom. antiqui, 1880, pp. 43-103, 109-127).

COMMISSORIA

COMMISSO´RIA[COMMISSORIA LEX]

CORNELIAE

CORNE´LIAEThese comprise (I.) a large number of leges passed by Sulla in his dictatorship (Liv. Epit. lxxxix.); (II.) leges of L. Cornelius Cinna; and (IlI.) a number of statutes passed by different magistrates bearing this name.

I CORNE´LIAE AGRA´RIAE, quibus agri perduellium publicati veteranisque assignati sunt (Orelli): apparently referred to in Cic. in Rullum, 2.28, 78; 3.2, 6; 2, 8; 3, 12.

CORNELIA

CORNE´LIADE CIVITATE (Liv. Epit. lxxxvi.; Cic. pro Dom. 30, 79; pro Caec. 35, 102; Sallust. Hist. fragm. lib. i. orat. Lepidi): it took the full civitas away from Volaterrae and other municipia.

CORNELIA

CORNE´LIADE FALSIS or TESTAMENTARIA (Cic. in Verr. 1.4. 2, 108; Inst. 2.12, 5, 4.18, 7). [See FALSUM]

CORNELIA

CORNE´LIADE MAGISTRATIBUS, making discharge of inferior magistracies a necessary condition to the attainment of higher ones (Appian, Bell. Civ. 100, 101), and re-affirming the provisions of certain old plebiscita (Liv. 7.42, 10.13-Z2). The lex de viginti quaestoribus (Tac. Ann. 11.22) was probably merely one of its chapters (see Puchta, Institutionen, § 79, note a; Mommsen, Röm. Staatsrecht, i. pp. 519-524, 548).

CORNELIA

CORNE´LIADE PROSCRIPTIONE (Cic. in Verr. 1.4. 7, 123; pro Sext. Rose. 43, 125-128; Vellei. 2.29; Quintil. Inst. Or. 11.1, 85; Plut. Sull. 31). [PROSCRIPTIO]

CORNELIA

CORNE´LIADE PROVINCIIS ORDINANDIS limited the costs which might be incurred by provincial towns in sending public deputations to Rome for the purpose of praising their governor before the senate (Cic. ad Fam. 3.8, 10), and enacted (1) that those who had provinces under the Lex Sempronia should retain their imperium till they had re-entered the city on their return (Cic. ad Fam. 1.9, 25); and (2) that provincial governors should leave their province not later than thirty days after the arrival of their successors (Cic. ad Fam. 3.6, 3; ib. 6).

CORNELIA

CORNE´LIADE REJECTIONE JUDICUM allowed an accused senator the right of challenging a larger number of his judges than persons of lower rank, the latter's challenges being limited to three (Cic. in Verr. 2.3. 1, 77; see Orelli's Onomasticon).

CORNELIA

CORNE´LIADE REPETUNDIS (Cic. pro Rabirio, 4, 9). It was under this statute that Verres was prosecuted. [REPETUNDAE]

CORNELIA

CORNE´LIADE SACERDOTIIS (Liv. Epit. lxxxix.; Pseudo-Ascon. in Div. p. 102, Orelli: see SACERDOTIA).

CORNELIA

CORNE´LIADE SENTENTIA FERENDA enabled the accused to say whether the votes of the judges should be given openly or by ballot: probably only a chapter of the Lex Cornelia judiciaria (Cic. Clu. 20, 55; 27, 75).

CORNELIA

CORNE´LIADE SICARIIS ET VENEFICIS. From Pliny (Plin. Nat.18.12) we learn that the Twelve Tables contained some regulations as to homicide, but probably these were little more than a repetition of the law of Numa Pompilius which punished intentional slaying with death (Festus, s. v. Parici): unintentional killing was atoned for under the old religious law, and possibly by the Twelve Tables (Cic. pro Tull. 51; Top. 17; Festus, s. v. Subici, Subigere), by the offer of a ram (Serv. in Eclog. 4.43; Georg. 3.387; Dionys. 7.22: cf. Festus, s. v. Sororium). The Twelve Tables also penalised incantations (Plin. Nat.28.17; Sen. Nat. quaest. 4.7; Augustin. de Civ. Dei, 8.19) and poisoning, both of which offences appear to have been included under parricidium [POMPEIA DE PARRICIDIIS ]: the murderer of a parent was sewed up in a sack (culleus) and thrown into a river. It was under the provisions of some old law that the senate by a consultum ordered the consuls P. Scipio and D. Brutus (B.C. 138) to inquire into the murder in the Silva Scantia (Cic. Brutus, 22). The Lex Cornelia de sicariis et veneficis, passed circ. B.C. 81, inflicted penalties not only for actual killing, but for going about with weapons for the purposes of murder or thieving; for incendiarism; for preparing, having, or selling poisons for the destruction of human life; for inciting a magistrate without cause to bring a capital charge; for the taking of money by a magistrate for such a service, and for bearing false witness in a capital prosecution (Collatio leg. Mos. 1.3; Cic pro Cluentio, 54, 55, 57; Dig. 48, 8, passim; Paul. Sent. rec. 5.23, 1 and 10; Inst. 4.18, 5). By an enactment of Antoninus Pius the killing of slaves without just cause was brought within the statute (Gaius, 1.53), which by senatusconsulta and imperial legislation was also extended to the offence of castration and to human sacrifices. The penalty which it inflicted was aquae et ignis interdictio (later deportatio: see EXSILIUM), to which Julius Caesar added forfeiture (Dig. 48, 8, 3, 5): in the case of meaner criminals, even death (Dig. ib.).

CORNELIA

CORNE´LIA DE VADIMONIO. [VADIMONIUM.]

CORNELIA

CORNE´LIA DE VI PUBLICA. [VIS PUBLICA.]

CORNELIA

CORNE´LIAJUDICIARIA took the judicia away from the equites exclusively, and divided them between equites and senators (Tac. Ann. 11.22; Vell. Pat. 2.32, 3: see JUDEX).

CORNELIA

CORNE´LIAMAJESTATIS (Cic. in Pison. 21, 50; Ascon. in Cornel. p. 59, Orelli). [MAJESTAS]

CORNELIA

CORNE´LIANUMMARIA (Cic. in Verr. 1.4. 2, 108). [FALSUM]

CORNELIA

CORNE´LIASUMPTUARIA (Gell. 2.24, 11; Macrob. Saturn. 2.13; Plut. Sull. 100.35). [SUMPTUARIAE LEGES]

CORNELIA

CORNE´LIATESTAMENTARIA (Cic. in Verr. 1.4. 2, 108; Inst. 4.18, 7). [FALSUM]

CORNELIA

CORNE´LIATRIBUNICIA took away to a large extent the tribunes' right of intercession, and disabled those who had served this office from attaining a patrician magistracy (Vellei. 2.30; Appian, Bell. Civ. 1.100, 2.29; Caesar, Bell. Civ. 1.5, 1; 1.7, 3; Cic. in Verr. 1.6. 0, 155: see POMPEIA TRIBUNICIA).

CORNELIA

CORNE´LIAUNCIARIA, perhaps passed about the same time as Sulla's Lex sumptuaria. It seems to have lowered the rate of interest (Festus, s. v. Unciaria).

II CORNELIA

II CORNE´LIADE NOVORUM CIVIUM ET LIBERTINORUM SUFFRAGIIS, B.C. 87 (Cic. Phil. 8.2, 7; Vell. Pat. 2.20: cf. Appian, Bell. Civ. 1.64 sq.).

CORNELIA

CORNE´LIADE RECIPIENDO MARIO (Vellei. 2.21, 6).

CORNELIA

CORNE´LIADE REVOCANDIS EXSULIBUS (Aurel. Vict. de Vir. illustr. 100.69).

III CORNELIA BAEBIA

III CORNE´LIA BAE´BIADE AMBITU, B.C. 181, passed by the consuls P. Cornelius Cethegus and M. Baebius Tamphilus (Liv. 40.19; Schol. Bob. in Cic. pro Sulla, p. 361, Orelli).

CORNELIA CAECILIA

CORNE´LIA CAE´CILIADE CN. POMPEIO, B.C. 57, gave Cn. Pompeius extraordinary powers for five years for the management of the corn supply of Rome (Cic. ad Att. 4.1, 7; Liv. Epit. civ.; Dio Cass.; Plut. Pomp. 49). [FRUMENTARIAE LEGES]

CORNELIA

CORNE´LIADE EDICTIS, passed by C. Cornelius, tribunus plebis, B.C. 67: it enacted that praetors should not vary the rules proclaimed in their perpetual edicts issued on their entry on office by subsequent Edicta repentina, or apply a different law from that which they had proclaimed claimed they would observe (Ascon. in Corn., Orelli, p. 58; Dio Cass.: cf. Cic. in Verr. 3.1. 4, 36). [EDICTUM]

CORNELIA

CORNE´LIADE INJURIIS, B.C. 81, perhaps a statute of Sulla. Its original object was the criminal prosecution of injuriae (assaults and batteries) quae manu fiant (Dig. 47, 10, 5, pr.); but by gradual usage a civil action was developed under its provisions, which had the advantage over the ordinary actio injuriarum in not being barred by a year's prescription (Dig. 47, 10, 37, 1; Inst. 4.4, 8). [INJURIA]

CORNELIA

CORNE´LIADE LUSU allowed betting at gymnastic exercises (Dig. 11, 5, 2, 1and 3).

CORNELIA

CORNE´LIADE NOVIS TABULIS, passed by P. Cornelius Dolabella, B.C. 47 (Liv. Epit. cxiii.; Dio Cass.; Plut. Antonius, 100.9).

CORNELIA

CORNE´LIADE RESTITUENDO CICERONE, B.C. 57 (Cic. in Pison. 15, 35).

CORNELIA

CORNE´LIADE SPONSORIBUS (B.C. 81), probably enacted by Sulla: it provided that (with a few exceptions) no one should become surety for the same debtor to the same creditor in any one year for a larger sum than 20,000 sesterces (Gaius, 3.124, 5). See INTERCESSIO

CORNELIA GELLIA

CORNE´LIA GE´LLIA[GELLIA CORNELIA. ]

CORNELIA

CORNE´LIANE QUIS LEGIBUS SOLVERETUR, passed by C. Cornelius, tribunus plebis, B.C. 67, and directed against the reckless exercise by the senate of its usurped power of granting dispensations from the laws: in future such a dispensation required the presence of 200 members in the senate, and also confirmation by the Comitia Tributa; but no tribune was to be able to veto the proposal (Ascon. in Corn. p. 57, 72, Orelli; Dio Cass.).

CREPEREIA

CREPERE´IAa lex of the Second Punic War, which regulated the coinage by fixing the relation between as, sestertius, and denarius (Plin. Nat.33.45; Cod. 8, 54, 37); according to Studemund, it is the lex mentioned in Gaius, 4.95.

CURIATA

CURIA´TADE ADOPTIONE (Gell. 5.19; Cic. ad Att. 2.7, 2; de prov. Consul. 19, 45; pro Domo, 15, 39; pro Sest. 7, 16; Tac. Hist. 1.15; Sueton. August. 65). [ADOPTIO]

CURIATA

CURIA´TADE IMPERIO (Cic. de Rep. 2.1. 3, 25, 2.17, 18, &c.; Tac. Ann. 11.22; Liv. 5.46, 9.38-Z2, &c.). [IMPERIUM]

DECEMVIRALIS

DECEMVIRA´LIS[DUODECIM TABULARUM. ]

DECIA

DE´CIADE DUUMVIRIS NAVALIBUS, B.C. 312 (Liv. 9.30).

DECIMARIA

DECIMA´RIAa chapter of the Lex Papia Poppaea, limiting the amount which a wife could take under her husband's will, and vice versâ, if they had no children, to a tenth of what was actually given (Fragm. Vat. 264; Quint. 8.5; Cod. 8, 58, rubr.).

DIDIA

DI´DIAB.C. 144 (Macrob. Saturn. 2.13). [SUMPTUARIAE LEGES]

DOMITIA

DOMI´TIADE SACERDOTIIS, B.C. 105 (Cic. in Rull. 2.7, 18; Epist. ad Brut. 1.5; Suet. Nero 2; Vellei. 2.12, 3). [SACERDOTIA. ]

DUILIA

DUI´LIAa plebiscitum of 449 B.C., imposing severe penalties on the tribune responsible for the choosing of his own and his colleague's successors who omitted to see that they were duly elected, and on those who created new magistrates from whom there was no appeal (Liv. 3.55: see VALERIAE HORATIAE).

DUILIA MAENIA

DUI´LIA MAE´NIADE UNCIARIO FENORE, B.C. 357, establishing or confirming a rate of interest at 8 3/4 per cent. (12 unciae to 100 asses) per annum (Liv. 7.16, 19). The same tribunes Duilius and Maenius carried a measure for the prevention of such unconstitutional proceedings as the enactment of a lex by the soldiers out of Rome on the consul's proposal (Liv. 7.16: see Mommsen, Römisches Staatsrecht, 1. p. 69, note 2).

DUODECIM TABULARUM

DUO´DECIM TABULA´RUMThe enactment of the Twelve Tables was the outcome of plebeian agitation for an exaequatio juris between the two orders in the state. In the year B.C. 462 the tribune of plebs C. Terentilius Arsa had obtained a resolution of the plebs for the appointment of five persons, with the object of enacting laws for the definition of the consular imperium; but this the senate, the stronghold of the patricians, had refused to send on to the Comitia Centuriata (Liv. 3.9). In the next year he proposed a codification or definite statement of the whole law by a commission of ten; but this, though carried by the plebs, was equally unsuccessful in its later stages (Liv. 3.10; Dionys. 10.3). In B.C. 454, however (Dionys. 10.52, 54), the senate so far yielded as to assent to a plebiscitum, pursuant. to which three commissioners were to be sent to Athens and the Greek cities in order to make themselves acquainted with their laws. On their return, after two years' absence, it was proposed (B.C. 451) that all the ordinary magistracies should be suspended, and the whole authority of the state vested in ten patrician commissioners, including the three who had been to Greece ( decemviri legibus scribundis) from whom there was to be no provocatio, and who were directed to codify the public and private law of Rome (Dionys. 10.54-57; Liv. 3.32, 33). The plebeians consented to stand out of the commission only under express reservation of their previously established rights and liberties (Liv. 3.32). This proposal was carried through the Comitia Centuriata and Curiata without opposition (Liv. 3.34; Dionys. 10.32). The decemviri were appointed by the comitia of the centuries, being presided over by Appius Claudius, Consul designate; but they took the administration of affairs by turn, the insignia of office being used only by him who for the time being represented the executive (Liv. 3.33). Ten Tables of laws were prepared during the year, and after being approved by the senate were confirmed by the Comitia. Centuriata and Curiata: two further tables (which Cicero, de Rep. 2.37, calls tabulae iniquarum legum) were added in the next year, these having been prepared by decemviri among whom were (according to Dionys. 10.58) three plebeians, though Livy (Liv. 4.3) does not suggest that there had been any change in the constitution of the commission. Cicero's remark may be due to the fact that the prohibition of conubium between plebs and patricians was enacted by the eleventh Table (Dirksen, Uebersicht, &c. p. 740). In their integrity, the whole Twelve Tables were first published in B.C. 449, after the downfall of the decemviri (Liv. 3.54, 57); they are mentioned by the Roman writers under a great variety of names (e. g. Leges Decemvirales, Lex Decemviralis, Leges Duodecim, Duodecim Tabularum, or lex or leges simply); and, being the only attempt at codification of the jus civile until Justinian's time, are spoken of by classical writers throughout Roman history as the fundamental element of the system: by Tacitus as finis aequi juris, by Livy as corpus omnis Romani juris and fons publici privatique juris.

Some doubt has been cast, but without reason, on the story of the embassy to the Greek states, which preceded the enactment of the Twelve Tables. Pomponius (Dig. 1, 2, 2, 3and 4) also refers to assistance given to the decemviri by an Ephesian named Hermodorus, who was living as an exile in Italy; but the assistance consisted perhaps more in interpreting the laws brought back by the commissioners from Greece than (as Pomponius hints) in the suggestion of new legislation. At any rate, this last tradition was confirmed by the fact of a statue having been erected in the Comitium at Rome in memory of Hermodorus; but it did not exist in the time of Pliny (Plin. Nat.34.21). The foreign source of some of the laws was acknowledged by the Romans themselves: e. g. Cicero attributes to Solon the original of the rules as to burial (de Leg. 2.25, 64). Similarly Gaius, in his Commentary on the Twelve Tables, where he is speaking of Collegia (Dig. 47, 22, 4), says that the members of Collegia may make what terms they please among themselves, if they thereby violate no publica lex; and he adds that this rule seems to be taken from the legislation of Solon, to whom also (Dig. 10, 1, 13) he refers for the origin of certain rules as to boundaries and the actio finium regundorum. But that the decemviral legislation contained any considerable element of foreign law is in the highest degree improbable. The law as previously established seems to have been handed down in the main, if not entirely, by oral tradition; and whether it be true or not that the patricians were especially cognisant of it, it is certain that the plebeians had suffered largely from having no certain or full knowledge of its intricate rules and formulae. What they desired primarily was a plain and clear statement in writing ( legibus scribundis) of the law as it stood: it was only in the jus publicum that they wished for change, and that only so far as was required to place the two orders on a tolerable equality in respect of civil and political rights. The caprice of the magistrate who administers the law is best guarded against by those over whom it is administered having a clear knowledge of its provisions.

The laws were cut on tablets of bronze and put up in a public place (Liv. 3.57; Diod. 12.56), though Pomponius, in the passage of the Digest already referred to, says that the material of the Tablets was ivory (see Zimmern, Geschichte des röm. Privatrechts, vol. 1. p. 101). It is commonly supposed that they were destroyed in the burning of the city by the Gauls some sixty years after their enactment, but the passage of Livy on which this is based (6.1) is just as conclusive against as for the supposition. The Romans of the age of Cicero had no doubt of the genuineness of the collection which then existed; and if we may believe Cyprian (Ep. 2, 4, ad Donat. de gratia Dei), the Twelve Tables, were exposed in the forum as late as the third century of our era. Cicero speaks of learning the text of them by rote ( ut carmen necessarium) when a boy (de Leg. 2.4, 23), and up to his time the chief juristic work of the lawyer class seems to have been their interpretatio --the extension of a rule of the Twelve Tables (or of other early statutes, such as the Lex Aquilia) to cases not strictly within its letter: but shortly before the fall of the Republic, as he tells us (de Leg. 1.5, 17), the jurists had abandoned the jus civile, and taken to commenting instead on the Praetor's Edict. Of actual commentaries on the Twelve Tables we hear of one by Sextus Aelius Paetus Catus in his Tripartita, a work which existed in the time of Pomponius [JUS AELIANUM]. Others. were written by another Aelius, by Atilius (Cic. de Leg. 2.2. 3, 59; Dig. 1, 2, 2, 38), by Labeo (Gell. 1.12, 7.15-Z2, 20.1-Z2), and finally by Gaius: this was in six books, from which twenty excerpts are preserved in the Digest. The decemviral legislation, though largely modified (especially in the parts of it relating to public law) by subsequent enactments, was not formally repealed till the time of Justinian, nearly 1000 years after its first establishment. No complete copy of its text has come down to us, but about 100 fragments, partly incomplete, have bees collected from citations and references in classical and juristic literature.

It remains to give a short account of the contents of the Twelve Tables, so far as they can be gathered from the extant fragments and the notices of earlier writers. I. The personal freedom and civil equality of citizens was secured by the exclusion of all capital sentences except those delivered by the Comitia Centuriata (Cic. de Leg. 3.1. 9, 44; de Republ. 2.36, 61; pro Sest. 30, 65), by the recognition as provisionally free of a man whose free status was called in question, and by the prohibition of privilegia. II. Freedom of individual action within the domain of private law was secured by the recognition of contracts and testaments.III. Certain points of private law were more precisely defined which would otherwise have endangered the security of rights of property, or opened the door to harshness and oppression: especially as regards (a) usucapion and the restrictions imposed on property in the interest of neighbours; (b) the law of debt and the rights of unsatisfied creditors; (c) family law (manus, patria potestas, tutela, and conubium between patricians and plebeians); and (d) inheritance, especially on intestacy.IV. Capital penalties were prescribed for false witness, judicial partiality or corruption, incendiarism, nocturnal theft of crops, and libel; and the right of appeal from condemnation to any of these was given to every citizen (Cic. de Republ. 2.3. 1).V. Private poenae were established for injuria, theft, and certain kinds of damnum. VI. The mode of summons and the procedure in actions generally were defined and regulated, especially with a view to preventing capricious exercise of his authority and jurisdiction by the magistrate; andVII. Certain sanitary and sumptuary rules were laid down as to the interment of dead bodies.

The most celebrated attempt to re-arrange the extant fragments of the Twelve Tables in the order in which they originally stood, or to reconstruct the Tables themselves, is that of Jacobus Gothofredus (Heidelberg, 1616): on this and similar works there is an admirable critique by Dirksen, Uebersicht der bisherigen Versuche zur Kritik und Herstellung des Textes der Zwölf-Tafel-Fragmente, 1824; and especially M. Voigt, Civil und Criminalrecht der Zwölf Tafeln. Cf. also Schöll, Leg. XII. Tab. reliquiae, Leipzig, 1866; Bruns, Fontes juris Rom. antiqui, ed. 4 (Tübingen, 1880), pp. 14-37; and Puchta, Institutionen, vol. 1. § § 54, 55.

FABIA

FA´BIADE PLAGIARIIS (Cic. Rab. Perd. 3, 8; Paul. Sent. rec. 5.306; Inst. 4.18, 10; Dig. 48, 15; Cod. 9, 20). [PLAGIUM]

FABIA

FA´BIADE NUMERO SECTATORUM (Cic. pro Murena, 34, 70, 71).

FABRICIA

FABRI´CIADE REDITU CICERONIS (Cic. pro Milone, 14, 38).

FALCIDIA

FALCI´DIA[LEGATUM]

FANNIA

FA´NNIAB.C. 161 (Gell. 2.24, 2-6; Macrob. Saturn. 2.9, 13; Plin. Nat.10.139; Athen. 6. p. 274 c). [SUMPTUARIAE LEGES]

FANNIA

FA´NNIA[JUNIA DE PEREGRINIS. ]

FLAMINIA

FLAMI´NIAan agrarian law for the distribution of lands in Gaul and Picenum, proposed by C. Flaminius, tribunus plebis (Cic. Brut. 14, 57; Acad. 2.5, 13; de Invent. 2.17, 52; Val. Max., 5; Plb. 2.21). According to Polybius, who here seems more reliable than Cicero, the date of the law was B.C. 232.

FLAMINIA

FLAMI´NIAMINUS SOLVENDI, B.C. 217, reduced debts by more than a third by allowing sixteen asses to be paid by ten (Festus, s. v. Sestertii).

FLAVIA AGRARIA

FLA´VIA AGRA´RIAB.C. 60: by this the tribune L. Flavius proposed a distribution of lands among Pompeius' soldiers (Cic. ad Att. 1.1. 8, 6, 1.19, 4; Dio Cass.; Marquardt, Röm. Staatsverwaltung, 1. p. 446).

FRUMENTARIAE

FRUMENTA´RIAE[FRUMENTARIAE LEGES]

FUFIA

FU´FIA[AELIA. ]

FUFIA CANINIA

FU´FIA CANI´NIAcirc. A.D. 4, limited the number of slaves who could be manumitted by will (Gaius, 1.42-46; Inst. 1.7; Ulpian, Reg. 1.24, 25; Paul. Sent. rec. 4.14; Cod. 7, 3; Sueton. Aug. 40). It is also sometimes called Furia or Fusia Caninia. [MANUMISSIO]

FUFIA

FU´FIADE RELIGIONE, B.C. 61, a plebiscitum of the tribune Q. Fufius Calenus, relating to the mode of selecting the judges who were to try Clodius for his outrage on the rites of the Bona Dea (Cic. ad Att. 1.1. 3, 3; ib. 16, 2).

FUFIA

FU´FIAJUDICIARIA (B.C. 59?) apparently provided that the senators, knights, and tribuni aerarii should vote separately in the judicia (Dio Cass.; Schol. Bob. pro Flacco, p. 235, Orelli).

FURIA ATILIA

FU´RIA ATI´LIAa plebiscitum of 137 B.C. enacting the surrender of C. Mancinus to the Numantines (Cic. de Off. 3.3. 0, 109).

FURIA

FU´RIADE SPONSU (Gaius, 3.121, 122). [INTERCESSIO]

FURIA

FU´RIATESTAMENTARIA, B.C. 183 (Gaius, 2.225, 4.23; Cic. pro Balbo, 8, 21). [LEGATUM]

GABINIA

GABI´NIADE SENATU LEGATIS DANDO, a plebiscitum of Aulus Gabinius, tribunus plebis B.C. 67, appropriating the sittings of the senate in the month of February to the reception of embassies (Cic. ad Quint. fratr. 2.1. 3, 3; ad Fam. 1.4).

GABINIA

GABI´NIADE UNO: IMPERATORE, &c., passed by the same tribune in the same year, and conferring extraordinary powers on Cn. Pompeius for conducting the war against the pirates (Vellei. 2.31, 2; Dio Cass.-20; Plut. Pomp. 25; Cic. pro lege Manilia, 17-19).

GABINIA

GABI´NIADE VERSURA, passed by the same tribune in the same year, and forbidding all loans of money at Rome to legationes from foreign parts, its object being to prevent the senate from being bribed by such embassies (Cic. ad Att. 5.2. 1, 12; 6.2, 7).

GABINIA

GABI´NIATABELLARIA, B.C. 139 (Cic. Lael. 16, 41). [TABELLARIAE LEGES]

GALLIAE CISALPINAE

GA´LLIAE CISALPI´NAE[RUBRIA. ]

GELLIA CORNELIA

GE´LLIA CORNE´LIAB.C. 72, gave to Cn. Pompeius the extraordinary power of conferring the Roman civitas on Spaniards in Spain with the advice of his council (Cic. pro Balbo, 8, 14 and 19; 14, 32, 33).

GENUCIA

GENU´CIADE FENORE, B.C. 343, forbade taking interest for the use of money (Liv. 7.42; Tac. Ann. 6.16). It was persistently evaded (Liv. 35.7), and eventually altogether disregarded (Plut. Cato Major, 21; Appian, Bell. Civ. 1.54).

GENUCIA

GENU´CIADE CONSULATU, B.C. 343, a proposal by the same tribune Genucius for opening both consulships to plebeians (Liv. 7.42). In 8.12 Livy represents the law as having actually been passed; but we do not read of both consuls being plebeians till the 6th century, and he is probably incorrect: see Puchta, Institutionen, § 57, note 1; Mommsen, Röm. Staatsrecht, 2. p. 76.

GLICIA

GLI´CIAa statute supposed by Cujacius as the origin of the querela inofficiosi testamenti, but apparently without reason (see Vangerow, Pandekten, 7th edit. 2. p. 218).

GUNDOBADA

GUNDOBA´DAa name sometimes given to the Lex Burgundiorum of King Sigismund, otherwise known as Papian, A.D. 517.

HERENNIA

HERE´NNIAB.C. 60 (Cic. ad Att. 1.1. 8, 4; 1.19, 5).

HIERONICA

HIERONICA[DECUMAEVol 1. p. 605.]

HIRTIA

HI´RTIADE POMPEIANIS, circ. 49 B.C. (Cic. Phil. 13.1. 6, 32).

HORATIA

HORA´TIAB.C. 449, made the persons of the tribunes, aediles, and decemviri sacrosancti (Liv. 3.55). [VALERIAE ET HORATIAE. ] Another Lex Horatia mentioned by Gellius (Gell. 6.7, 2-4) was a privilegium relating to a vestal virgin named Caia Tarratia.

HORTENSIA

HORTE´NSIADE PLEBISCITIS, B.C. 287 (Plin. Nat.16.37; Gell. 15.27, 4; Gaius, 1.3; Inst. 1.2, 4). [PLEBISCITUM; PUBLILIAE LEGES. ]

HORTENSIA

HORTE´NSIADE NUNDINIS, of about the same date, enacted that the market days, which had hitherto been Feriae, should be dies fasti. This was done for the purpose of accommodating the inhabitants of the country (Macrob. Saturn. 1.16; Plin. Nat.18.13).

HOSTILIA

HOSTI´LIAenabled the actio furti to be brought by an agent on behalf of any person who (or whose tutor) was in foreign captivity or absent reipublicae causa (Inst. 4.10, pr.).

ICILIA

ICI´LIADE AVENTINO PUBLICANDO, a plebiscitum proposed by L. Icilius, B.C. 456, granting the Aventine, hitherto possessed by the patricians, as a dwelling-place to the plebs, who thereby acquired a right to the buildings which they erected on it (Liv. 3.31, 32; Dionys. 10.31, 32; cf. Niebuhr, Rom. Hist. 2.301: and see SUPERFICIES).

ICILIA

ICI´LIADE SECESSIONE, B.C. 449 (Liv. 3.54).

ICILIA

ICI´LIATRIBUNICIA, B.C. 469, enacted that any person who interfered with a tribune in the exercise of his constitutional powers should be put to death unless he gave sureties for the payment of the fine to which he rendered himself liable (Dionys. 7.17; Cic. pro Sestio, 39, 84; Becker-Marquardt, 2.3, 129).

JULIAE LEGES

JU´LIAE LEGESmost of which were passed in the time of C. Julius Caesar and Augustus: among them are--

JULIA

JU´LIAAGRARIA, passed by Julius Caesar in his first consulate, B.C. 59: it provided for an assignment of lands in Campania (whence Lex Campana in Cic. ad Att. 2.1. 8) to the Pompeian veterans and the poorer citizens generally, especially such as had three children (Dio Cass.-7; Vell. Pat. 2.44; Appian, Bell. Civ. 2.10; Sueton. Jul. 20; Cic. ad Att. 2.1. 6, ad Fam. 13.4, Phil. 2.39, 101, 5.19, 53; Plut. Cato Minor, 31-33; Dig. 47, 21; Zumpt, Comment. Epigraph. 1.277-302; Harless, Ackergesetzgebung C. Julius Caesar, Bielefeld, 1841).

JULIA

JU´LIACADUCARIA, identical with the Lex Julia et Papia Poppaea.

JULIA

JU´LIA DE ADULTERIIS. [ADULTERIUM.]

JULIA

JU´LIA DE AMBITU. [AMBITUS.]

JULIA

JU´LIADE ANNONA, directed against attempts to raise in any way the price of corn, and making it a criminal offence (Inst. 4.18, 12; Dig. 47, 11, 6, pr.; 48, 12, 2).

JULIA

JU´LIADE BONIS CEDENDIS. Up to nearly the end of the Republic an insolvent debtor was unable to escape from the two severe forms of bankruptcy execution (manus injectio and bonorum emptio or venditio) by a voluntary composition. This statute (whether due to Julius or Augustus Caesar is uncertain) enabled him, at any moment before his creditors took steps to have him adjudged a bankrupt, to make a cessio bonorum to them, though the right could not be exercised if his insolvency was due entirely to his own fault (Cod. 7, 71, 8, pr.). He surrendered his property, which was dealt with in much the same way as if the procedure had been by bonorum emptio; but he escaped infamia and the liability to personal arrest, and was entitled to the beneficium competentiae: i.e. his creditors were bound to let him retain so much of his means as was sufficient to provide him with the necessaries of life. The provisions of the statute, originally intended to benefit cives only, were extended to the provinces by imperial constitutions, Cod. 7, 71, 4 (Caes. Bell. Civ. 3.1; Sueton. Jul. 42; Tac. Ann. 6.16; Dio Cass.; Gaius, 3.78).

JULIA

JU´LIADE CAEDE ET VENEFICIO (Sueton. Nero, 33), perhaps the same as the Lex Julia de vi publica.

JULIA

JU´LIADE CIVITATE, B.C. 90 (Cic. pro Balbo, 8, 21; Gell. 4.4,3). [CIVITAS; FOEDERATAE CIVITATES. ]

JULIA

JU´LIADE CRETA (Cic. Phil. 2.3. 8, 97).

JULIA

JU´LIADE EXSULIBUS (Cic. Phil. 2.3. 8, 98: cf. Phil. 5.4, 11).

JULIA

JU´LIADE FENORE (or DE PECUNIIS MUTUIS or CREDITIS), passed by Julius Caesar when dictator, B.C. 49. It compromised the claims of creditors and debtors by estimating property at the value it had held before the depreciation occasioned by the Civil War, and compelling the creditors to take it at this valuation; and by allowing debts to be discharged without payment of the accumulated interest. It was calculated that the creditors lost about one-fourth of what was their due (Caes. Bell. Civ. 3.1; Sueton. Jul. 42; Plut. Caes. 37; Appian, Bell. Civ. 2.48).

JULIA

JU´LIADE FUNDO DOTALI, a chapter of the Lex Julia de adulteriis: it absolutely prohibited mortgages of Italian land which formed part of a dos by the husband, and allowed its alienation only with the wife's consent. It was commented on by Papinian, Ulpian, and Paulus (Gaius, 2.63; Inst. 2.8, pr.; Paul. Sent. rec. 2.21, 2; Dig. 23, 5). See ADULTERIUM

JULIA

JU´LIADE LIBERIS LEGATIONIBUS (Cic. ad Att. 15.1. 1, 4; de Legg. 3.8). [LEGATUS]

JULIA

JU´LIA DE MARITANDIS ORDINIBUS. [JULIA ET PAPIA POPPAEA.]

JULIA

JU´LIADE PROVINCIIS, passed by Julius Caesar: it limited the governorship of a praetorian province to one year, that of a consular one to two. Orelli also ascribes to this lex certain regulations of Caesar as to provincial expenses, which Ernesti considers to have been part of the Lex Julia repetundarum (Cic. Phil. 1.8; Dio Cass.; Ferrat. Epist. 3.14).

JULIA

JU´LIADE PUBLICANIS (Cic. pro Plancio, 14, 35; Appian, Bell. Civ. 2.13; Dio Cass.; Sueton. Jul. 20).

JULIA

JU´LIADE REGE DEIOTARO (Cic. Phil. 2.3. 7, 93: cf. ad Att. 14.12, 1).

JULIA

JU´LIADE RESIDUIS, part of the Lex Julia peculatus (Inst. 4.18, 12; Dig. 48, 13). [PECULATUS]

JULIA

JU´LIADE SACERDOTIIS (Cic. ad Brut. 1.5; cf. Phil. 2.3, 6).

JULIA

JU´LIA DE SACRILEGIS. [PECULATUS.]

JULIA

JU´LIADE SICULIS (Cic. ad Att. 14.1. 2, 1).

JULIA

JU´LIA DE VI PUBLICA ET PRIVATA. [VIS.]

JULIAE JUDICIARIAE

JU´LIAE JUDICIARIAEOne of Julius Caesar deprived the tribuni aerarii of their share in the judicia publica (Suet. Jul. 41; Cic. Phil. 1.8); others, more probably of Augustus than Julius, instituted an album selectorum judicum for the hearing of civil causes (Suet. Octav. 32; Gell. 14.2), and perhaps fixed at twenty years the age under which a person could not be compelled to be a judex (Dig. 4, 8, 41); limited the jurisdiction of the centumviri (Gaius, 4.30; see Keller, Civil Process, § 23); and divided actions in respect of their pendency into judicia legitima and judicia quae imperio continentur (Gaius, 4.104). For the whole subject, see JUDEX

JULIA MAJESTATIS

JU´LIA MAJESTA´TIS(Cic. Phil. 1.9, 23; Inst. 4.18, 3; Dig. 48, 4). [MAJESTAS]

JULIA MISCELLA

JU´LIA MISCELLAavoiding a condition annexed to the institution of a heir or a legacy to the effect that the person benefited should not marry: probably a clause of the Lex Julia et Papia Poppaea (Dig. 35, 1, 64; ib. 72, 4, &c.; Cod. 6, 40).

JULIA MUNICIPALIS

JU´LIA MUNICIPA´LIScommonly called the Tabula Heracleensis. It was discovered on bronze in two fragments at Tarentum (Heraclea) in 1732 and 1735, which have been united and kept in the Museo Borbonico at Naples since 1760. The inscription on one side is a Greek psephisma of the town of Heraclea, that on the other is a copy of part of a Roman lex (clearly made for the use of the citizens of the town), which contains police regulations for the city of Rome: rules for the constitution of communities of Roman citizens (municipia, coloniae, praefecturae, fora, conciliabula civium Romunorum), and others relating to capacity for the decurionatus and magistracies, to the census in the Italian towns, and to changes in local regulations. It was thus a lex of the class called Satura.

It seems that the lex of the year B.C. 49, which gave the civitas to the Transpadani, enacted that a Roman commissioner should be sent to all the towns for the purpose of framing regulations for their municipal organisation. The Lex Julia empowered the commissioners to continue their labours for one year from its date, and included the whole of Italy within the scope of their authority. The name of the lex (which for a long time was called simply Tabula Heracleensis) was determined by Savigny by means of an inscription discovered at Padua in 1696 (Orelli, Inscr. 2.3676): its date is now regarded by the authorities to be fixed at B.C. 45 by a passage of Cicero (ad Fam. 6.18), so that its determining cause seems to have been the admission of the Transpadani to the civitas, B.C. 49.

(A lithographed copy of the Table is given by Ritschl, Tab. xxxiii. xxxiv.: the text may also be found in Orelli's Inscriptions, 1.206, and Spangenberg's Monumenta legalia, 1830, No. 16, p. 99 sq. The first work on the subject is that of Mazochi, Naples, 1754, 1755: the best is Savigny's Essay (with two appendices) in his Vermischte Schriften, vol. iii. pp. 279-413: cf. Puchta, Institutionen, § 90.)

JULIA ET PAPIA POPPAEA

JU´LIA ET PA´PIA POPPAEAThe relation of this statute to the Lex Julia de maritandis ordinibus is not perfectly clear. Augustus appears in his sixth consulate (B.C. 28) to have issued an edict (Tac. Ann. 3.28) on the subject of marriage, which he followed up (B.C. 18) by proposing a law to the senate regulating certain marriages, imposing disabilities on unmarried persons (caelibes), and establishing rewards for those who had married and reared children (Dio Cass.). This he carried with difficulty through the senate, but, apparently owing to the organised resistance of the equites, it was tumultuously rejected at the Comitia (Suet. Aug. 34). Towards the end of his reign, however (A.D. 3), he succeeded in carrying it, with its rewards increased and its penalties mitigated: it is referred to in the Carmen Saeculare of Horace, which was written B.C. 17, and is mentioned under the name Lex Julia de maritandis ordinibus in Dig. 38, 11; 23, 2. The opposition of the knights was overcome by a provision that it should not come into force for three, a period subsequently extended to six, years; and taking advantage of this, Augustus passed in A.D. 9 another statute (called Papia Poppaea from the consules suffecti for the year, M. Papius Mutilus and Q. Poppaeus Secundus: Dio Cass.-10), containing further enactments on the same subject. Some writers are of opinion that there was but one lex (Papia Poppaea), in which the earlier unsuccessful law was incorporated, and it is true that the frequent mention of them together as one lex (Julia et Papia Poppaea) lends some colour to the supposition: but the view here taken seems more in accordance with the information given by historians, and to be confirmed by the provisions of the statutes being sometimes distinguished in close juxtaposition. Sometimes they are cited by reference to their various chapters: e. g. Lex Caducaria, Lex Decimaria, Lex Miscella, &c.

Many commentaries were written on these leges by the Roman jurists, of which considerable fragments are preserved in the Digest: Gaius wrote fifteen books, Ulpian twenty, and Paulus at least ten. The joint statute contained at least thirty-five chapters (Dig. 22, 2, 19), but as a rule it is impossible to say to which of the two leges included under the general title of Lex Julia et Papia Poppaea the several provisions as now known to us belong. Attempts have been made both by J. Gothofredus and Heineccius to restore them, on the assumption that their provisions are reducible to the two general heads of a Lex Maritalis and a Lex Caducaria (cf. Puchta, Institutionen, § 107).

Among the enactments of these statutes are the following:--

(i.) Prohibition of certain marriages under penalties: viz. of ingenui with infames (e. g. actresses and prostitutes); and of senators or their children with freedwomen, freedmen, and actors' daughters (Ulpian, Reg. 13.1, 16.2; Dig. 23, 2, 44, pr. and 1). Marriages between a senator or his issue and libertini were declared void by a senatusconsult passed under M. Aurelius (Dig. 23, 2, 16, pr.), and the rule was subsequently extended to actors and actresses (Dig. ib. 42, 1).

(ii.) Avoidance of conditions against marriage annexed to legacies and inheritances. [JULIA MISCELLA. ]

(iii.) Provisions to encourage marriage. Caelibes were disabled by the Lex Julia from taking either as heirs or as legatees (Gaius, 2.111, 144, 286) under a will, unless the testator were related to them within the sixth degree (Ulpian, Reg. 16.1; Frag. Vat. 216, 219), or unless they married within 100 days (Ulpian, Reg. 17.1; 22.3). Spadones and vestal virgins were exempted from the operation of the statute, as were widows for twelve months, and divorced women for six: these periods were extended by the Lex Papia to two years and eighteen months respectively (Ulp. Reg. 14). Again, the penalty of the statute could be evaded by an engagement to marry, if carried out within two years (Sueton. Octav. 34; Dio Cass., 56.7; Dig. 23, 1, 17). Finally, males were released from its provisions in this respect on attaining sixty, women on attaining fifty years of age; but a Senatusconsultum Persicianum passed under Tiberius enacted that they should be regarded as caelibes in perpetuity if they postponed marrying till so late in life. A Senatusconsultum Claudianum so far modified the strictness of the new rule as to give a man who married after sixty the same advantage that he would have had if he had married under sixty, provided he married a woman who was under fifty; but it was enacted by a Senatusconsultum Calvisianum under Nero, that if a woman over fifty married a husband under sixty, even the latter should not escape the disabilities imposed by the statute (Ulpian, Reg. 16.4). Similarly, by the Lex Papia, orbi (persons who had been married, but had no children living) were disabled from taking more than a moiety of what was left them by way of either inheritance or legacy (Gaius, 2.111, 286; Ulpian, Reg. 16.1; Sozomenus, 1, 9), unless related to the testator within the sixth degree. Males escaped the penalties of orbitas by having a single (even adoptive) child (Juven. 19.83, 86-89), but by a Senatusconsultum Memmianum adoption was deprived of this effect when resorted to merely in order to evade the statute: but women were not so well off, ingenuae being released only by three, libertinae only by four children (Paul. Sent. rec. 4.9, 1-3). There were exceptions to these rules if the wife was under twenty or over fifty, or the husband under twenty-five or over sixty, and also if the husband was residing away from the wife reipublicae causa (Ulpian, Reg. 16.1). Legacies and inheritances which could not be taken either in whole or part, owing to these provisions of the Lex Julia or Lex Papia Poppaea, became caduca [BONA CADUCA], the law upon which subject was considerably modified by these statutes.

(iv.) Some other provisions have been noticed elsewhere [DECIMARIA; JULIA MISCELLA ]. To these may be added the rule giving a preference to candidates for office according to the number of their children (Tac. Ann. 15.19; Plin. Ep. 7.16): the release of ingenuae with three and libertinae with four children from tutela (Gaius, 1.144, 145), and of libertini with a certain number of children from operarum obligationes (Dig. 38, 1). The exemption of persons from discharging the office of tutor or curator jure liberorum (Inst. 1.25, pr.; Dig. 27, 1, 18) was based on these statutes, which also introduced changes (besides those already noticed) into the law of succession, both testamentary and intestate, especially in connexion with libertini (Gaius, 3.42-50, &c.: see PATRONUS). And the Lex Julia also fixed the date at which wills were opened as that at which the rights of legatees should become indefeasible (dies cedit: see LEGATUM), which previously had been the decease of the testator; but the old rule was restored under Justinian.

After the enactment of the Lex Papia Poppaea, it became not unusual to obtain a grant of a fictitious jus liberorum by special favour from the senate, and later from the emperor (Dio Cass.; Sueton. Claud. 19; Plin. Ep. 2.13, 10.2-Z2, 95, 96; Paul. Sent. rec. 4.9, 9), whereby those who had no children, or not enough, were enabled to escape its disabilities and even enjoy most of its benefits (Fragm. Vat. 170). This privilege is mentioned in some inscriptions, on which the abbreviation I. L. H. (jus liberorum kabens) sometimes occurs. The Emperor M. Aurelius enacted that children should be registered by name within thirty days of their birth with the Praefectus Aerarii Saturni (Capitol. Marc. 9; cf. Juv. Sat. 9.84).

The penalties of caelibatus and orbitas were abolished by Constantine and his sons (Cod. Theod. 8, 16), as were the disabilities contained in the Lex Decimaria by Theodosius II. (Cod. Theod. 8, 17, 2, 3), so that little is left of these statutes in the law of Justinian.

JULIA PAPIRIA

JU´LIA PAPI´RIA[PAPIRIA. ]

JULIA PECULATUS

JU´LIA PECU´LATUS[PECULATUS]

JULIA

JU´LIA, ET PLAU´TIA, of uncertain date, enacted that res vi possessae should stand on the same footing with res furtivae [ATINIA ] and be incapable of acquisition by usucapio. It related solely to land, for robbery of res mobiles was theft itself (Gaius, 3.209), and land could not be stolen (Inst. 2.6, 7). (Gaius, 2.45, 51; Inst. 2.6, 2; Dig. 41, 3, 4, 22.) It would seem from Theophilus on the passage of the Institutes last referred to that there were really two statutes, Julia and Plautia, perhaps the two of those names de vi.

JULIA REPETUNDARUM

JU´LIA REPETUNDA´RUM[REPETUNDAE]

JULIA SUMPTUARIA

JU´LIA SUMPTUA´RIApassed B.C. 49 by Julius Caesar (Cic. ad Att. 13, 7, 1; ad Fam. 7, 26, 2; 9, 15, 5). Augustus, too, seems to have re-enacted with additional severities the earlier sumptuary laws (Gell. 2.24; 43.25-Z2). [SUMPTUARIAE LEGES]

JULIA THEATRALIS

JU´LIA THEATRA´LIS(Sueton. Aug. 40; Plin. Nat.33.32) permitted Roman equites, in case they or their parents had ever had a census equestris, to sit in the fourteen rows of the theatre appropriated to them by the Lex Roscia Theatralis, B.C. 67.

JULIA

JU´LIA, ET TI´TIA(supposed to have been passed B.C. 31) assigned to the governors of provinces (praesides) the duty of appointing guardians for women and impuberes who were not in patria potestas, or already provided with one. A Lex Atilia, which was in existence in the seventh century of the city, had already given the same power in Rome to the praetor urbanus, acting with a majority of the tribuni plebis (Gaius, 1.185; Inst. 1.20, pr.; Ulpian, Reg. 11.18).

JULIA VICESIMARIA

JU´LIA VICESIMA´RIApassed by Augustus, A.D. 6 (Dio Cass., 56.28; Plin. Paneg. 37-40; Capitol. Marc. 11). [VICESIMA]

JUNIA

JU´NIA DE LIBERTINORUM SUFFRAGIIS. [CLODIA; MANUMISSIO.]

JUNIA

JU´NIADE PEREGRINIS, or JUNIA PENNI, a plebiscitum of M. Junius Pennus, B.C. 126, expelling peregrini from the city (Cic. de Off. 3.1. 1, 47; Brut. 28, 109). By a Lex Fannia (possibly merely an edict of the Consul Fannius) B.C. 122, Latins and Italians were similarly treated (Appian, Bell. Civ. 1.23; Plut. C. Gracchus, 12; Cic. Brut. 26, 100, pro Sest. 13, 31), as were all persons who had not an Italian domicile by a Lex Papia, B.C. 65 (Dio Cass.; Cic. in Rull. 1.4, 11; de Off. loc. cit.; ad Att. 4.16).

JUNIA LICINIA

JU´NIA LICI´NIA[LICINIA JUNIA. ]

JUNIA NORBANA

JU´NIA NORBA´NAprobably A.D. 19 (see Puchta, Institutionen, § 213, note u), created the status of Latinus Junianus by enacting that slaves manumitted otherwise than by one of the manumissiones legitimae, or against the provisions of the Lex Aelia Sentia, should have the rights of Latini (i.e. commercium without conubium). The statute, however, expressly deprived them of the right of making, or taking under a will, or of being testamentary guardians: see AELIA SENTIA LEX; LATINITAS; LIBERTUS; MANUMISSIO. (Gaius, 1.16, 17, 22, &c., 3.56; Ulpian, Reg. i., 20.8, 22.3.)

JUNIA PENNI

JU´NIA PENNI[JUNIA DE PEREGRINIS. ]

JUNIA PETRONIA

JU´NIA PETRO´NIAor PATRO´NIA, enacted that if the judges in a suit relating to personal freedom were evenly divided, the person whose status was in question should be declared free (Dig. 40, 1, 24: cf. Dig. 42, 1, 38, pr.). Whether it is the same statute as the Lex Petronia is doubtful.

JUNIA REPETUNDARUIMI

JU´NIA REPETUNDA´RUIMI[REPETUNDAE]

JUNIA VELLEIA

JU´NIA VELLE´IAA.D. 10, made it possible (which hitherto had not been allowed) to either institute or disinherit certain postumi sui (i.e. descendants who after the making of a will come into the immediate potestas of the testator). Those to whom this lex related were (a) children of the testator born in his lifetime, but after the execution of his will; (b) grandchildren of the testator born after their father's death, but in the lifetime of the testator; (c) grandchildren born before the execution of the grandfather's will, but who become sui heredes by their father's decease after that event (Ulpian, Beg. 22.19; Dig. 28, 2, 29; Gaius, 2.134, and Mr. Poste's note on § 130).

LAETORIA

LAETO´RIAthe same as PLAETO´RIA [CURATOR]. Sometimes the lex proposed by Volero for electing plebeian magistrates at the Comitia Tributa is cited as a Lex Laetoria (Liv. 2.56, 57).

LENTULI

LE´NTULI(Cic. ad Fam. 13.48), really a magisterial decretum relating to the provincial organisation of Cyprus: cf. the decretum Rupilii for Sicily (Cic. in Verr. 2.1. 3, 16).

LICINIAE

LICI´NIAEIn B.C. 375 C. Licinius Stole and L. Sextius, two of the tribunes of the plebs, proposed a number of rogationes, partly in the political, partly in the economical interests of the plebeians (Liv. 6.35). The latter were aggrieved by their practical exclusion from the chief magistracies: but they were still more distressed by the burden of their debts. They had suffered heavily through the sacking of the city by the Gauls (Liv. 6.11, &c.), and in comparison with the patricians were taxed out of all proportion to their real means (Liv. 4.60, 5.10-Z2; Niebuhr, Röm. Gesch. 1.645); they were largely indebted to the other order, which was rapidly buying them out of their land (Liv. 34.4), and cultivating its new acquisitions by slave labour, so that the plebeians were debarred from making their livings even as farmers holding under their own creditors (Appian, Bell. Civ. 1.8).

The Licinian rogation which was intended to settle the financial question proposed that all sums which had been paid by way of interest should be struck off the capital debts, and that three annual periods should be allowed for the payment of the residue (Liv. 6.35, 39). The precise content of the second (de modo agrorum, Liv. 34.4; Gell. 20.1, 23; Val. Max., 3; Vell. Pat. 2.6, 3; Appian, Bell. Civ. 1.8; Plin. Nat.18.3) is less certain. According to one view (Puchta, Institutionen, § 57) it proposed that no one should own more than 500 jugera of land, or pasture on the ager publicus more than 100 cattle and 500 sheep or smaller beasts: others (e. g. Niebuhr, and Walter, Gesch. des röm. Rechts, § 62) hold that it prescribed the limit of 500 jugera merely for the possessiones of ager publicus: a third view (advanced by Huschke, Ueber die Stelle des Varro, 1835, and Rudorff, Röm. Feldmesser, 2.312, Röm. Rechtsgeschichte, 1.38) is that both ownership and possession were comprised in the enactment. The first of these theories at any rate seems to be disproved by Livy (Liv. 6.37and 39 ( agris occupatis . . . injustis possessoribus), Plin. Nat.18.17, and Appian, Bell. Civ. 18 sq.; and perhaps that of Niebuhr is best supported by the authorities. It was also proposed, in the interest of those plebeians who were too poor to buy land, that a certain number of free persons should be employed on every estate (Appian, loc. cit.). A third rogatio was for the abolition of the military tribunate (an office created some years previously in order to relieve the consuls of some of their less important duties, to which the plebeians had been eligible, though Livy says, 6.37, that in B.C. 369 it had not been occupied by any of them for forty-four years), and for the election of one of the consuls every year from the ranks of the plebeians (Liv. 6.35, 7.1-Z2, 21, 22, 25, 10.7-Z2; Gell. 17.21, 26, 27; Schol. Bob. pro Scauro, p. 375; Orelli). The patricians prevented the enactment of these rogations by inducing the other tribunes to veto them: Stole and Sextius, according to Livy, retaliated in the same way, and, being repeatedly re-elected tribunes, persevered for five years in preventing the election of any curule magistrates.

In B.C. 368, encouraged by the support of one of the tribuni militum, M. Fabius, Licinius' father-in-law, and by the decreasing opposition of their colleagues, the two tribunes proposed, and after two years' violent agitation carried (B.C. 366), a new rogatio that, instead of the duumviri hitherto established, there should be a collegium of decemviri for the custody of the Sibylline books, and the performance of the sacra therewith connected, and that one-half of these decemviri should be plebeians (Liv. 6.42). This paved the way for the admission of the plebeians to the consulship: and in the next year (B.C. 365) the three original rogations were at last carried together in the form of a Lex Satura (Liv. 7.39; Dio Cass. Fragm 33), and L. Sextius was elected consul, being the first plebeian who attained that dignity. The patricians were in some degree compensated by retaining the monopoly of the praetorship (urbana): but the incorrectness of Livy in representing them also as solely eligible to the curule aedileship, established about this time, has been shown by Niebuhr, 3.39-49.

The penalty fixed for an infraction of the Lex Licinia de modo agrorum was an arbitrary fine sued for before the populus by the plebeian aediles. Curiously enough, Licinius Stolo himself was (B.C. 357) the first person against whom the statute was put in force (Val. Max., 3). Livy (Liv. 7.16) says that together with his son he held a thousand jugera of ager, and by emancipating his son fraudulently evaded the provisions of his own law: which apparently means that he emancipated the son in order that the latter might get 500 jugera nominally for himself, but which would practically be at his father's disposal: at any rate, he was fined 10,000 asses. From this story (which is also told by Columella (Colum. 1.3, and Pliny, Plin. Nat.18.17) it is clear that the plebeians had now acquired the right of holding (possidere) the ager publicus, probably under the Lex Licinia itself; and it would seem that the estates which the patricians had to surrender as being against the statute came for the most part into the possession of plebeians. Niebuhr (Röm. Geschichte, 3.19) attributes to the lex a genuinely agrarian character, and believes that there was a regular distribution of land among them; but the passages on which he relies (especially Varro, de Re Rust. 1.2, and Columella, loc. cit.) hardly bear out his view, which is directly contradicted by Appian (Bell. Civ. 1.8). The history of the later agrarian legislation, however, makes it clear that in some way or other the Lex Licinia de modo agrorum (if it related at all to the possessiones of ager publicus, which Puchta denies) was persistently evaded.

(Besides the works of Niebuhr, Puchta, Huschke, and Rudorff, already referred to, cf. Göttling, Geschichte der röm. Staatsverfassung, p. 354; the Classical Museum, Nos. v. vi. and vii.; and AGRARIAE LEGES).

LICINIA

LICI´NIAof uncertain date, containing provisions similar to those of the second Lex Aebutia noticed above, in connexion with which it is mentioned by Cicero (in Rull. 2.8, 21; cf. pro Domo, 20, 51).

LICINIA

LI´CINIADE CREANDIS TRIUMVIRIS EPULONIBUS, B.C. 197 (Liv. 33.42; cf. Cic. de Orat. 3.19, 73).

LICINIA

LI´CINIADE LUDIS APOLLINARIBUS, B.C. 209 (Liv. 27.23).

LICINIA

LI´CINIADE SACERDOTIIS, B.C. 146 (Cic. de Am. 25, 96).

LICINIA

LI´CINIADE SODALITIIS, B.C. 56 (Cic. pro Planc. 15, 36; ad Fam. 8, 2, 1: see Wunder's Prolegomena, cited in full by Orelli, Ciceronis opera, vol. viii. pp. 200, 201; and AMBITUS).

LICINIA JUNIA

LI´CINIA JU´NIAsometimes called JUNIA LICINIA, passed B.C. 62 by the consuls L. Licinius Murena and Junius Silanus, perhaps to enforce more strictly the provisions of the Lex Caecilia Didia, in connexion with which it is sometimes mentioned (Cic. Phil. 5.3, 8; ad Att. 2.9, 1; 4.16, 5; in Vatin. 14, 23; pro Sestio, 64, 135). But it also seems to have enacted that a copy of every proposed statute should be deposited before witnesses in the Aerarium (Schol. Bob. p. 310; Mommsen, Röm. Staatsrecht, ii. pp. 532, 533).

LICINIA MUCIA

LICI´NIA MU´CIADE CIVIBUS REGUNDIS (probably REDIGUNDIS), passed B.C. 95 by the consuls L. Licinius Crassus the orator, and Q. Mucius Scaevola, Pontifex Maximus; ordained a strict examination into the title to citizenship, as many non-cive had contrived to get themselves put on the census, and ordered back to their own civitates all who could not make out a good title. This. measure partly led to the Marsic war, and is cited by Cicero as an instance how even the wisest men sometimes pass bad laws (Cic. de Off. 3.1. 1, 47; Brut. 16, 63; pro Balbo, 21, 24; pro Sestio, 13, 30: Ascon. in Cornel. p. 67).

LICINIA SUMPTUARIA

LICI´NIA SUMPTUA´RIA(Gell. 2.24, 7-10; Macrob. Saturn. 2.13; Festus, s. v. Centenaria). [SUMPTUARIAE LEGES]

LIVIAE

LI´VIAEVarious enactments carried by M. Livius Drusus the younger, when tribunus plebis B.C. 91, for establishing colonies in Italy and Sicily (Appian, Bell. Civ. 1.35), distributing corn among the poorer citizens at a low rate (Liv. Epit. 71), and admitting the foederatae civitates to the Roman citizenship (ib. Appian, loc. cit.). He was also the author of a lex judiciaria, dividing the judicia equally between the senate and the Equites (Vellei. 2.13; Liv. Epit. 70; Cic. pro Cluentio, 56, 153), and instituting a penal procedure against judges who allowed themselves to be bribed (Cic. loc. cit.; Appian, Bell. Civ. 1.35); and he is said by Pliny (Plin. Nat.33.46) to have proposed a measure for adulterating silver by mixing with it an eighth part of brass. Drusus was assassinated, and the senate declared his laws not binding, either because they had been carried contra auspicia (Ascon. in Cornet. p. 68), or because they were in violation of the Lex Caecilia Didia (Cic. pro Domo, 16, 41). Cf. Cic. de Leg. 2.6, 12; Florus (Flor. 3.17; Plut. C. Gracchus, 9 if.

LUTATIA

LUTA´TIADE VI [VIS]. The supposed existence of such a lex (based on Cicero, pro Caelio, 29, 70) is now much discredited but see Rein, Criminalrecht, p. 742.

MAENIA

MAE´NIAprobably passed by Maenius, tribunus plebis, B.C. 287. It is mentioned only by Cicero (Cic. Brut. 14, 55), who says that M. Curius Dentatus compelled the Patres ante auctores fieri, in the case of the election of a plebeian consul, which was a great thing to accomplish, as the Lex Maenia had not yet been passed. The statute seems to have enacted that the senatorial auctoritas to the Comitia Curiata (by a vote of which the magistrates acquired their imperium) should be given before instead of after the assembly of the centuries in which the magistrates were elected (cf. Liv. 1.17; Cic. pro Plancio, 3, 8; Licinius Macer in Sallust. Frag. 3. p. 972, ed. Cort; Puchta, Institutionen, § 59, notes l and n; Walter, Geschichte des röm. Rechts, § 66; and AUCTORITAS).

MAENIA

MAE´NIADE DOTE, B.C. 186: see Voigt's treatise on the subject, Weimar, 1866, and Puchta, Institutionen, § 74, note k, and § 292, note b.

DE MAGISTRIS AQUA

DE MAGISTRIS AQUA´RUM: (Haubold, Spangenberg, Mon. Leg. p. 177).

MAMILIA

MAMI´LIADE COLONIIS. It was supposed that Rudorff had proved (Zeitschrift, 9.12) that the Lex Mamilia, Roscia, Peducaea, Alliena, Fabia, is the same as the Lex agraria quam Gaius Caesar tulit (Dig. 47, 21, 3), and that this Gaius Caesar is the Emperor Caligula. But Mommsen (Schriften der röm. Feldmesser, 2. p. 223) believes that the so-called Lex Mamilia related to the appointment of C. Julius Caesar's agrarian commission: and this seems to be confirmed by the discovery of the Lex Coloniae Genetivae.

MAMILIA

MAMI´LIADE JUGURTHAE FAUTORIBUS established a special tribunal of three quaesitores to investigate cases of bribery among Romans by Jugurtha (Sallust, Jugurtha, 40, 65; Cic. Brut. 33, 34: cf. Mommsen, Röm. Staatsrecht, vol. ii. pp. 646, 647).

MAMILIA

MAMI´LIAFINIUM REGUNDORUM (B.C. 110, Ernesti; B.C. 165, Pighius) re-enacted the provision of the Twelve Tables, that a space of 5 ft. along the boundaries of landed estates (extending 2 1/2 ft. into each) should be excluded from usucapio, and ordained a new procedure in cases of dispute (Cic. de Leg. 1.2. 1, 55; Rudorff; Gränzscheidungsklage, Zeitschrift, x. pp. 355-363).

MANILIA

MANI´LIAproposed by the tribune C. Manilius B.C. 66, and conferring on Cu. Pompeius the command in the war against Mithridates. It was supported by Cicero when praetor in his speech pro lege Manilia (cf. Vellei. 2.33, 1; Liv. Epit. 100; Dio Cass.; Appian, Bell. Mithrid. 97).

MANILIA

MANI´LIADE LIBERTINORUM SUFFRAGIIS (Dio Cass.; Ascon. in Corn. pp. 64, 65): perhaps the same as the Lex Manilia de suffragiorum confusione (Cic. pro Mur. 23, 47), which seems to have enacted that the libertini should vote in all and not only in the four urban tribes.

MANILIANAE

MANILIA´NAE(Cic. de Orat. 1.58, 246). These were not statutes at all, but forms which it was prudent for parties to observe in contracts of sale, whence they are called actiones by Varro, de Re Rust. 2.5, 11. They seem to have been invented by a jurist called M‘. Manilius, who was consul B.C. 149.

MANLIA

MA´NLIAa name wrongly given to the Lex Licinia de creandis triumviris epulonibus, because P. Manlius was one of the first triumviri appointed under its provisions (Liv. 33.42).

MANLIA

MA´NLIADE LIBERTINORUM SUFFRAGIIS, B.C. 58, probably identical with the Lex Manilia of the same title (Ascon. in Mil. p. 46).

MANLIA

MA´NLIADE VICESIMA MANUMISSORUM, B.C. 357, imposed a tax of one-fifth on the value of all manumitted slaves (Liv. 7.16; cf. 27.10). [MANUMISSIO]

MARCIA

MA´RCIAcirc. 352 B.C., prescribed the procedure per manus injectionem against feneratores for recovering from them four times any sum which they had taken by way of illegal interest (Gaius, 4.23; Liv. 7.21).

MARCIA AGRARIA

MA´RCIA AGRA´RIAproposed by L. Marcius Philippus, tribunus plebis, B.C. 104 (Cic. de Off. 2.2. 1, 73).

MARCIA

MA´RCIADE LIGURIBUS, B.C. 172 (Liv. 42.22).

MARIA

MA´RIAproposed by C. Marius, when tribune B.C. 119, for narrowing the pontes at elections (Cic. de Legg. 3.1. 7, 38; Plut. Marius, 4).

MEMMIA

ME´MMIAor RE´MMIA. [CALUMNIA]

MENENIA

MENE´NIAseems to have in some way limited the magistrate's power of inflicting arbitrary fines: see ATERNIA TARPEIA.

MENSIA

ME´NSIAor MINI´CIAenacted that the children of parents, either of whom was a peregrinus, should be peregrini themselves: and thus (where a civis Romana married a peregrinus) introduced an exception to the rule that where there was no conubium between man and wife the issue should follow the condition of the mother (Ulpian, Reg. 5.8).

MESSIA

ME´SSIADE CN. POMPEII IMPERIO (Cic. ad Att. 4.1, 7).

MESSIA

ME´SSIADE REVOCANDO CICERONE (Cic. post Red. in Sen. 8, 21).

METILIA

METI´LIAB.C. 217 (Liv. 22.25sq.; Plut. Fabius, 9).

MIINICIA

MIINI´CIA(Gaius, 1.78, Studemund ad loc.): see MENSIA.

MINUCIA

MINU´CIADE TRIUMVIRIS MENSARIIS, B.C. 46 (Liv. 23.21).

MUCIA

MU´CIAa plebiscitum of 141 B.C.: resulted in the exile of L. Hostilius Tubulo (Cic. de Fin. 2.16, 54).

NERVAE AGRARIA

NERVAE AGRA´RIAthe latest known instance of a lex passed at the Comitia (Dig. 47, 21, 3, 1).

OCTAVIA

OCTA´VIAprobably B.C. 87 (Cic. de Off. 2.2. 1, 72; Brut. 62, 222). [FRUMENTARIAE LEGES]

OGULNIA

OGU´LNIAproposed by two Ogulnii, who were tribunes B.C. 300: it increased the number of the Pontifices and Augurs from four each to eight and nine respectively, and enacted that four of the former and five of the latter should be taken from the plebs (Liv. 10.6-8).

OPPIA

OP´PIAB.C. 215 (Liv. 34.1, 8; Val. Max., 3). It was repealed twenty years after its enactment. [SUMPTUARIAE LEGES.]

ORCHIA

O´RCHIAB.C. 171 (Macrob. Saturn. 2.13). [SUMPTUARIAE LEGES]

OVINIA

OVI´NIAenacted probably circ. B.C. 312: apparently assigned to the censors the function of selecting the senate, but required them to choose the persons best qualified without distinction between patricians and plebeians (Festus, p. 246). Perhaps the strict meaning of Festus' text is that on coming into office they revised the list of the senate, those whose names were passed over ipso facto losing their seats (Hoffmann, Röm. Senat, pp. 3-18).

The nature of the Lex Ovinia mentioned by Gaius (4.109) is unknown.

PAPIA

PA´PIADE PEREGRINIS. [JUNIA DE PEREGRINIS. ]

PAPIA

PA´PIADE VESTALIUM LECTIONE (Gell. 1.12).

PAPIA

PA´PIAPOPPAEA. [JULIAE. ]

PAPIRIA

PAPI´RIAor JU´LIA PAPI´RIADE MULTARUM AESTIMATIONE, B.C. 430, substituted money fines for those of cattle and sheep fixed by the Lex Aternia Tarpeia, a sheep being valued at ten, a bullock at a hundred asses (Liv. 4.30; Cic. de Rep. 2.3. 5). Gellius (Gell. 11.1) and Festus are wrong in making this change a part of the Lex Aternia Tarpeia itself.

PAPIRIA

PAPI´RIA89 B.C., fixed the value of the as at half an ounce: one of the numerous enactments which tampered with the coinage (Plin. Nat.33.46).

PAPIRIA

PAPI´RIADE ACERRANORUM CIVITATE, B.C. 332, proposed by L. Papirius when praetor, and giving the civitas sine suffragio to the people of Acerrae (Liv. 8.17; cf. Vell. Pat. 1.14, 4).

PAPIRIA

PAPI´RIADE CONSECRATIONE AEDIUM, circ. 303 B.C., enacted that no land, temple, or altar should be consecrated without a plebiscitum (Cic. pro Dom. 49, 50; Liv. 9.46).

PAPIRIA

PAPI´RIADE SACRAMENTO, a plebiscitum of L. Papirius, providing that the tres viri capitales should be elected by the people, and should exact from unsuccessful litigants the stake (sacramentum) which they lost in the legis actio of that name, and which was forfeited to the aerarium (Festus, s. v. Sacramento: cf. Mommsen, Röm. Staatsrecht, ii. pp. 580, 585). Puchta (Institutionen, § 161, note g) conjectures that the statute also put an end to the actual deposit of the stake in sacro, and substituted the giving of security (praedes) for its payment.

PAPIRIA PLAUTIA

PAPI´RIA PLAU´TIAB.C. 89, enacted that all cives and incolae of foederatae civitates, who at the date of the statute were domiciled in Italy, should be able to obtain the Roman civitas by giving in their names to the praetor urbanus at Rome within sixty days (Cic. pro Archia, 4, 7; ad Fam. 13.30). [CIVITAS; FOEDERATAE CIVITATES. ].

PAPIRIA POETELIA

PAPI´RIA POETE´LIA[POETELIA PAPIRIA. ]

PAPIRIA TABELLARIA

PAPI´RIA TABELLA´RIAB.C. 132. [TABELLARIAE LEGES]

PEDIA

PE´DIAB.C. 44, interdicted from fire and water all who had taken part in the murder of Julius Caesar (Vellei. 2.69, 5).

PEDUCAEA

PEDUCAE´Aa privilegium of B.C. 114, relating to incest committed by certain Vestal Virgins (Cic. de Nat. Deor. 3.3. 0, 74; Ascon. in Milon. p. 46).

PESULANIA

PESULA´NIAseems to have extended to dogs the rule of the Twelve Tables (Inst. 4.9, pr.; Dirksen, Uebersicht, &100. p. 532), that if damage were done by an animal the owner must either surrender it or pay compensation (Paul. Sent. rec. 1.15, 1).

PETILLIA

PETI´LLIADE PECUNIA REGIS ANTIOCHI, B.C. 186 (Liv. 38.54; cf. 39.6).

PETREIA

PETRE´IA, Alex of this name (de decimatione militum) applying in cases of mutiny is mentioned in the old editions of Appian (de Bell. Civ. 2.47), but the true reading is πατρίῳ νόμῳ.

PETRONIA

PETRO´NIAforbade masters to make their slaves fight with wild beasts, unless they had committed some serious offence, and the magistrate had assented to their being so treated (Dig. 48, 8, 11, 2; Gell. 5.14); it was followed by a number of senatusconsulta to the same purpose. Puchta (Institutionen, § 107) is of opinion that it provided for the appointment of special magistrates in the towns to deal with the matter; but the inscriptions on which he relies (cited in Marquardt, Röm. Staatsverwaltung, 1. p. 494) seem to relate to a different Lex Petronia (de praefectis). Whether there were two leges or one, the first mention of legislation by this name occurs in the fasti of Venusia, B.C. 32.

PINARIA

PINA´RIA(Gaius, 4.15). Its effect is merely matter of conjecture. According to Studemund and Walter, a single judge was originally appointed at the close of the formal proceedings before the praetor, to try sacramenta: and this was altered by the statute, which prescribed an interval of thirty days between the proceedings before the praetor and the appointment of the judex. Keller supposes that its effect was not to create a necessary interval of thirty or any other number of days at all, but to transfer the hearing of sacramenta from the standing collegia of judges (decemviri and centumviri) to a single judex. Bethmann-Hollweg (Civil Process, 1. p. 65) holds that it required all actions of debt for less sums than 1000 asses to be tried before a single judge.

PINARTA

PINA´RTAANNALIS. [ANNALES LEGES. ]

PINARIA

PINA´RIADE INTERCALANDO, B.C. 472 (Varro in Macrob. 1.13).

PLAETORIA

PLAETO´RIAor LAETO´RIA(Cic. de Off. 3.15, 61; de Nat. Deor. 3.30, 74). [CURATOR]

PLAETORIA

PLAETO´RIAallowed the praetor to fix any time he pleased for the termination of legal proceedings, the Twelve Tables having enacted that they should not close till sunset (Varro, L. L. 6.5; Censorin. de Die Nat. 24).

PLAUTIA

PLAU´TIAor PLO´TIA AGRA´RIA, B.C. 98 or 89 (Cic. ad Att. 1.1. 8, 6).

PLAUTIA

PLAU´TIAor PLO´TIADE REDITU LEPIDANORUM (Sueton. Caesar, 5; Gell. 13.3).

PLAUTIA

PLAU´TIAor PLO´TIADE VI (Ascon. in Milon. 35; Cic. ad Alt. 2.2. 4; de Harusp. Resp. 8; Sallust. Cat. 31: see C. G. Wächter's paper on the subject in the Neues Archiv des Criminalrechts, 13. p. 8 sq., cited at length in Orelli's Cicero, vol. viii. pp. 233-243, and VIS).

PLAUTIA

PLAU´TIAor PLO´TIA JUDICIA´RIA, B.C. 89, enacted that fifteen persons should be selected annually from each tribe, without reference to their rank, to act as judges in criminal trials. It was repealed by the Lex Cornelia judiciaria of Sulla (Cic. pro Cornel. fragm. 27; Ascon. in Cornel. p. 79).

PLAUTIA PAPIRIA

PLAU´TIA PAPI´RIA[PAPIRIA PLAUTIA. ]

POETELIA

POETE´LIAa plebiscitum of B.C. 358: the first law against ambitus (Liv. 7.15).

POETELIA PAPIRIA

POETE´LIA PAPI´RIAthe name usually given to a lex, supposed to have been passed B.C. 326, for the relief of the nexi (Liv. 8.28; Cic. de Republ. 2.3. 4, 59; Varro, L. L. 7.105). [NEXUM]

POMPEIA

POMPE´IAB.C. 89, passed by Cn. Pompeius Strabo, father of the great Pompeius, when consul: it conferred Latin rights [LATINITAS] on the Transpadani, and probably the civitas on the Cispadani (Strabo, 5. p. 213; Savigny, Zeitschrift, 9.308-326).

POMPEIA

POMPE´IADE AMBITU (Dio Cass.; Ascon. in Mil. p. 37). [AMBITUS]

POMPEIA

POMPE´IADE IMPERIO CAESARI PROROGANDO, B.C. 55 (Vellei. 2.46, 2; Appian, Bell. Civ. 2.18; Cic. Phil. 2.1. 0, 24).

POMPEIA

POMPE´IADE JURE MAGISTRATUUM (Sueton. Caesar, 28; Cic. ad Att. 8.3, 3, cf. Phil. 2.10, 24; Dio Cass.) forbade candidature for public offices by persons who were not at Rome: but C. Julius Caesar was excepted from its operation. This was doubtless the old law, but it appears to have become obsolete.

POMPEIA

POMPE´IADE PARRICIDIIS, B.C. 52. It is difficult to come to any definite conclusion as to the precise meaning of parricida and parricidium in early Roman history and literature. From a quotation which Cicero makes from some old source ( sacrum sacrove commendatum qui cleperit rapsitque parricida esto, de Leg. 2.9, 22), the offence seems at one time not to have been confined to killing; and even when it had acquired this narrower signification, it apparently denoted the taking of the life of any free person ( si quis hominem liberum dolo sciens morti duit parricida esto, law of Numa Pompilius in Festus, s. v. Parici Quaestores: cf. Rein, Criminalrecht, pp. 401, 449). The Romans themselves seem to have had great doubts about the etymology of the word: συστέλλοντες τὴν πρώτην συλλαβὴν καὶ βραχεῖαν ποιοῦντες, τοὺς γονέας (pārentes), ἐκτείνοντες δὲ, τοὺς ὑπηκόους (pārentes) σημαίνουσιν (Johannes Lydus, de Mag. Rom. 1.26). Parricida, quod vel a pari componitur, vel a patre: quibusdam a parente videtur esse (Prisc. Gram. i.: cf. Cic. pro Cluentio, 11, 32; Liv. 40.24; Quinctil. Inst. 8.6, 35). But by the time of Cicero parricidium seems to have acquired the specific sense of killing near relatives: the application of it to Catiline and to the murderers of Caesar (Sueton. Jul. 88) may perhaps be regarded merely as an oratorical survival of older usage. There seems to be no doubt that the Lex Cornelia de sicariis et veneficis contained provisions as to the killing of near relations (Dig. 48, 9, 1; Inst. 4.18, 6 ad fin.): the Lex Pompeia de parricidiis, some thirty years later, apparently re-enacted these, and defined the crime of parricidium as the deliberate and wrongful slaying of ascendants, husbands, wives, consobrini, brothers and sisters, uncles and aunts, stepfathers and mothers, fathers and mothers in law, patrons and descendants; but the killing of a child by its father was excepted (Dig. 48, 9, 1). Hadrian sentenced a man who killed his son to deportatio (Dig. ib. 5); but it was not parricidium to kill one's own children till the age of Constantine, who prescribed for it the punishment of the sack described below (Cod. 9.17; Inst. loc. cit.). For most cases of parricidium no change was made in the penalties of the Lex Cornelia (death, banishment, and forfeiture) by the statute of Pompeius; but for the murder of a father, mother, grandfather or grandmother, the old punishment of the cullcus was ordained (Dig. 48, 9, 9, 1; Paul. Sent. rec. 5.24). This consisted in the guilty person being first whipped till he bled, sewn up in a sack with a dog, a cock, a viper, and an ape, and thrown into the sea or a river: if there was no water near, Hadrian sanctioned his being torn in pieces by wild beasts (Dig. 48, 9, 9, pr.), and in Paulus' time he seems sometimes to have been burnt. The antiquity of this punishment is attested by Valerius Maximus, who records that it was inflicted on M. Tullius by Tarquinius when king (1.1, 13: cf. more majorum, Dig. 48, 9, 9, pr. and 1; and Cic. pro Rosc. Am. 25, 70, ad Quint. Fratr. 1.2; Juv. Sat. 3.8, 212 sq.). The selection of animals was supposed to be symbolical: μετὰ ἀσεβῶν ζώων ἀσεβὴς ἄνθρωπος (Dosith. 3.16): τὰ δὲ προειρημένα θήρια ἐμβάλλεται διὰ τοῦτο, ἐπειδὴ ὁμοιότροπα αὐτῷ ἐστί τὰ μὲν γὰρ ἀναιρεῖ τοὺς γονεῖς, τὰ δὲ πρὸς αὐτοὺς οὐκ ἀπέχεται μάχης (Theophilus). Accessories to the crime were punished as severely as principals under the Lex Cornelia (Cod. 9, 16, 7).

POMPEIA

POMPE´IADE VI, a privilegium relating to the trial of Milo by a quaestio extraordinaria for killing Clodius, though there was a permanent commission for trying offences of this class (Cic. Phil. 2.9, 22): it also seems to have contained some general provisions as to the procedure and penalty in cases of violence (Ascon.; and Schol. Bob. pro Milone: cf. Wächter's note, cited by Orelli, Cicero, vol. viii. pp. 247-250, and Walter, Geschichte des röm. Rechts, § 834, note 7).

POMPEIA

POMPE´IAFRUMENTARIA (Dio Cass.).

POMPEIA

POMPE´IAJUDICIARIA (Cic. Phil. 1.8, 20; in Pison. 39, 73; Ascon. in Pison. p. 16; Sall. de Rep. Ord. 2.3). [JUDEX]

POMPEIA

POMPE´IATRIBUNICIA, B.C. 70, restored the old tribunicia potestas which Sulla had almost destroyed (Sueton. Jul. 5; Vellei. 2.30; Cic. de Leg. 3.9, 11; Liv. Epit. 97). [TRIBUNI. ]

PORCIA

PO´RCIAprobably B.C. 197, appears to have enacted that a Roman citizen might save himself from the punishment of death or flogging by withdrawing into exile (Sal. Cat. 51; Cic. pro Rabirio, 3, 4; in Verr. 5.63, 163; Liv. 10.9; Gell. 10.3, 13). Cicero (de Rep. ii, 31, 54) alludes to three leges Porciae on this or similar matters, but nothing more is known about them.

PORCIA

PO´RCIADE PROVINCIALIBUS SUMPTIBUS, apparently due to M. Portius Cato, praetor B.C. 298, and perhaps referred to in Liv. 32.27: it is mentioned in the Plebiscitum de Termessensibus (Lex Antonia), which enacts nei quis magistratus prove magistratu legatus neu quis alius neive imperato quo quid magis iei dent praebeant ab ieisve auferatur nisei quod eos ex lege Portia dare praebere oportet oportebit (Haubold, Mon. legal. p. 137).

PRAEDIATORIA

PRAEDIATO´RIAthe reading in some editions of Gaius (4.28); but the true reading, according to Studemund, is lege censoria.

PUBLICIA

PUBLI´CIApermitted betting at certain games which required strength, such as running and leaping (Dig. 11, 5, 2, 1and 3). [CORNELIA; TITIA. ]

PUBLILIA

PUBLI´LIAproposed by Publilius Volero, tribunus plebis, and carried after much opposition B.C. 471. It provided ut plebeii magistratus (tribunes and plebeian aediles) tributis comitiis fierent (Liv. 2.56); but this apparently should not be taken to mean that these magistrates had previously been elected in the Comitia Centuriata (as is held by Mommsen, Röm. Tribus, p. 83; Becker-Marquardt, 2.2, 253-260, &c.): the choice had practically been made by the plebs, but in a less organised fashion than became the rule after it had by this statute been definitely assigned to the Comitia in which the plebeians had the preponderance (Schwegler, 26.7: cf. Walter, Geschichte des röm. Rechts, § 44; for another view, see Mommsen, Röm. Geschichte, 2.2). From this time onward, says Dionysius (Dionys. 9.49), up to my own day, the election of tribunes and aediles was made without birds (augural ceremonies) and all the rest of the religious forms in the Comitia Tributa. By the same enactment the number of the tribunes was raised from two to five (Liv. 2.58; Diod. 2.38), and B.C. 454 to ten (Liv. 3.30; Dionys. 10.30), who were elected in equal proportions from the five classes of the Servian Constitution (Ascon. in Cornel. p. 77): this change was readily acquiesced in and perhaps even suggested by the patricians, who foresaw in the larger number increased chances of disagreement, and were more likely to win over to their own side one of many than one of few plebeian magistrates. Possibly, too, the office of tribune was opened to the patricians, two of whom were tribuni plebis B.C. 448 (Liv. 3.65), though these, according to Mommsen (Röm. Staatsrecht, 2. p. 265), were only coopted members of the Collegium.

We are told by Dionysius (Dionys. 9.43, 44) that when Publicius failed in the first attempt to carry his measure, he added a fresh provision, enabling the Comitia Tributa to discuss and resolve on matters of public importance (cf. Zonaras (Zonar. 7.17): this was carried along with his earlier proposal, and was of considerable constitutional significance: for it thus became easy for the tribunes to unite the plebeians on any matter on which they had to vote in the Comitia Centuriata, and also to consult them as to the submission of proposals for legislation to the senate: these, if approved, could then be referred in the ordinary way to the centuries, and thereby become genuine enactments of the sovereign populus (Val. Max., 7; Dionys. 10.30, 48, 52). For the further history, see PUBLILIAE and PLEBISCITUM

PUBLILIA

PUBLI´LIADE SPONSU gave the kind of surety called a sponsor an actio depensi to recover twice the sum which he had paid for his principal unless reimbursed within six months, and enabled him after obtaining judgment to proceed at once by manus injectio pro judicato (Gaius, 3.127, 4.22). [INTERCESSIO]

PUBLILIAE LEGES

PUBLI´LIAE LEGEScarried B.C. 339 by the Dictator Q. Publilius Philo: their substance is thus described by Livy (Liv. 8.12): Tres leges secundissimas plebei, adversas nobilitati tulit: unam ut plebiscita omnes Quirites tenerent: alteram, ut legum quae comitiis centuriatis ferrentur, ante initum suffragium Patres auctores fierent: tertiam, ut alter utique ex plebe, quum eo ventum sit ut utrumque plebeium consulem fieri liceret, censor crearetur. The first of these seems to stand in connexion with one of the leges Valeriae Horatiae, B.C. 449, which enacted ut quod tributim plebs jussisset populum teneret (Liv. 3.55): i. e. it restored the Comitia Tributa after the second secession of the plebs, and perhaps also provided that plebiscita which had no constitutional import, or which related purely to matters of private law, should have the force of statute, even without subsequent confirmation or enactment by the centuries. In B.C. 339, the patricians having now brought themselves to take regular part in the business of the Comitia Tributa, confirmation by the centuries must have seemed a superfluity in any case; and accordingly the first Lex Publilia seems to have dispensed with it for all plebiscita whatsoever. They still, however, required to be sanctioned by the senate before they acquired complete validity; but the necessity of this seems to have been abolished by the Lex Hortensia, B.C. 287, which enacted ut eo jure, quod plebs statuisset, omnes Quirites tenerentur (Gaius, 1.3; Dig. 1, 2, 2, 8; Laelius Felix in Gell. 15.27; Plin. Nat.16.37). There is, however, great difference of opinion as to the real import of, and the relation between, these three leges, which, if literally taken, seem all to have enacted the same thing. Walter (Geschichte des röm. Rechts, § 65) thinks that the last two dispensed with the senatorial confirmation of plebiscita which were not proposed ex senatus auctoritate; Niebuhr (2.415; 3.170, 171, 491), that the Lex Publilia did away with the necessity of confirmation by the Comitia Curiata, and that the senatorial approval was dispensed with by the Lex Hortensia: while Mommsen (Röm. Geschichte, 2.3) and Lange (1.469-473) take the accounts given to us literally, and hold the last two laws to be merely re-enactments of the Lex Valeria Horatia, which got rid of confirmation by the senate and the Comitia Curiata as well. The view adopted above is that of Puchta (Institutionen, § 59).

As to the meaning of the second Lex Publilia, there is also some difference of opinion, occasioned by our uncertainty as to the signification of Patres in the text of Livy cited above. According to one view, it simply re-affirmed the constitutional doctrine that no measure should be submitted for enactment to the Comitia Centuriata without having been previously approved by the senate: such re-affirmation seeming desirable in consequence of the recent changes in respect of plebiscita, which were sanctioned by the senate after, and not before, being passed by the Comitia Tributa. But Livy's remark that all the leges Publiliae were adversae nobilitati makes the view of Niebuhr more probable, that by Patres is meant the Comitia Curiata; the assent of which was by this statute reduced to a mere formality by the requirement that it should be given before the centuries had considered whether they should pass any given measure or not.

The third Publilian law requires no explanation. We read of a plebeian being censor as early as B.C. 351 (Liv. 7.22; 10.8-Z2, 8): but this statute required that one of the censors should always be selected from the plebs.

PUPIA

PU´PIA(Cic. ad Q. Fratr. 2.13; ad Fam. 1.4) enacted that the senate should not sit on dies Comitiales. Previously it could deliberate on any day whatsoever (see Cic. ad Fam. 12.5. 5; ad Q. Fratr. 2.1, &c.; ad Att. 4.2; Liv. 39.39). Its date was perhaps B.C. 224.

QUINTIA

QUI´NTIAa lex proposed by T. Quintius Crispinus (consul B.C. 9) for the preservation of the Aquaeductus. It is preserved by Frontinus (de Aquaeduct. Roman.).

REGIA

RE´GIAproperly LEX DE IMPERIO PRINCIPIS. The nature of the imperium, and the mode in which it was conferred, are explained under IMPERIUMAugustus united in his own person most of the republican powers and magistracies, though they were bestowed upon him by the populus separately and at different times. After holding the consulship for nine years in succession, he received the proconsulare imperium and the potestas consularis and tribunicia for life: the powers of the censorship were granted him at first for five years, but were periodically renewed without interruption: he was also Pontifex Maximus and Princeps Senatus, whence, according to some, he took the title Princeps by which the earlier emperors were known, and which personally he preferred to the style of Imperator, which, though it belonged to him, he never asserted within the city of Rome. [PRINCEPS] The practice of investing the emperor with these various powers or authorities by distinct leges was followed for a considerable time. The preservation of the Lex de imperio Vespasiani (which seems to have been only a senatusconsultum representing the old Lex Curiata de imperio) has led to the belief that in the time of that emperor all the powers enjoyed by Augustus were conferred on the sovereign by a single statute. The fragment which is extant (Haubold, Spangenberg, Monum. Legal. p. 221) empowers Vespasian to make treaties, originate senatusconsulta, propose persons to the people and the senate for election to magistracies, extend the pomoerium, and make edicts with the force of law: it releases him from the same laws from which Augustus, Tiberius, and Claudius had been released; and provides that all that he had done before its enactment should have the same effect as if it had been done by the people. But, sweeping as the form seems to be, it is clear that the senate continued even after Vespasian to dispense the various prerogatives of sovereignty, one by one, with affected hesitation. It was not really till the time of Alexander Severus that the whole of the imperial powers (including the proconsulare imperium, the principatus senatus, and the tribunicia potestas) were conferred on the emperor uno ictu, and Severus himself remarks upon this as a novelty ( quae omnia novo exemplo uno die in me contulistis, Lamprid. Alex. Sev. 1): but from his time the practice became usual, the formal imperium however being bestowed first by a separate resolution of the senate (cf. Capitol. Max. et Balb. 8; Vopisc. Prob. 2). For the meaning of legibus solutus as applied to the emperor, see Mommsen, Röm. Staatsrecht, 2. p. 728, and Merivale, Hist. of the Romans under the Empire, 3. p. 466 sq.

The Lex de Imperio is in the Corpus Juris of Justinian sometimes called Lex Regia, an expression which occurs in Dig. 1, 4, 1, pr. (Ulpian), transcribed in Inst. 1.2, 6, and in Cod. 1, 17, 1, 7. The title of Dominus was applied to the emperor as early as Trajan, but the phrase lex regia does not appear to occur before the third century, when to avoid the comparison between rex and imperator would have been mere affectation. For the whole subject, see Dio Cass.-19; Tac. Hist. 1.47, 4.3-Z2, 6; and Merivale, Hist. chap. 31.

REGIAE

RE´GIAE(LEXp. 32 a supr.;and JUS CIVILE PAPIRIANUM).

REMMIA

RE´MMIA(Cic. pro Rosc. Am. 19, 55). [CALUMNIA]

RHODIA

RHO´DIAa term used to denote those portions of the Rhodian maritime code (referred to by Strabo, 14. p. 652; and Cic. pro lege Manilia, 18, 54) which were adopted into the Roman law, and on which information may be obtained from Dig. 14, 2, and Schryver, Sur la loi Rhodia de jactu, Brussels, 1884. Its main principle was that, where property was thrown overboard to lighten and so assist in saving a ship, the loss should be portioned out among all in whose interest the sacrifice was made.

ROSCIA THEATRALIS

RO´SCIA THEATRA´LIScarried by the tribune L. Roscius Otho, B.C. 67: it assigned to the Equites the fourteen rows of seats in the theatre next to those of the senators, who sat in the orchestra, to which apparently (Vellei. 2.32, 3) they had a kind of prescriptive right (Liv. Epit. 99; Dio Cass.; Cic. pro Murena, 19, 40; ad Att. 2.19; Juven. 14.324; Hor. Epod. 4.16). This provision was re-enacted by the Lex Julia theatralis. The statute also seems to have assigned seats in the theatre to persons who had lost their property, whether by their own fault or by misfortune (decoctores), Cic. Phil. 2.1. 8, 44. The law caused some popular disturbances when Cicero was consul, which he allayed by a speech (ad Att. 2.1; Plut. Cic. 13).

RUBRIA

RU´BRIAor GA´LLIAE CISALPI´NAE. When Cisalpine Gaul ceased to be a province and became part of Italy, it was necessary to provide for the administration of justice, as the usual forms of provincial administration would cease with the determination of the provincial mode of government. This was done (B.C. 49, Mommsen and Rudorff; B.C. 42, Savigny and Puchta) by a plebiscitum proposed by an otherwise unknown tribune, named Rubrius, of which a portion was discovered in 1760 on a tablet in the ruins of Veleia, which is preserved in the Museum at Parma. The whole lex probably covered five Tables, and was divided into chapters, of which we have caps. 20-22 complete, and parts of the 19th and 23rd: it apparently followed the order of the praetorian edict, and regulated the judicial competence and procedure of the Cisalpine municipia. Its policy seems to have been restrictive: e. g. it is provided that the municipal magistrates shall have jurisdiction to try by judices (in the ordinary Roman fashion) all suits in which the sum involved does not exceed 15,000 sesterces, and some even irrespective of their amount: as for actions to which their jurisdiction does not extend, they may conduct the preliminary inquiry, but must remit them for trial to the praetor at Rome. The 19th chapter relates to operis novi nuntiatio; the 20th, to damnum infectum; the 21st and 22nd, to the jurisdiction, especially restricting the right of imprisoning for money debts; and the 23rd, to the judicium familiae erciscundae.

The text of the lex is lithographed in Ritschl's Inscriptions, vol. i. Tab. xxxii., and may also be found in Mommsen's Inscriptions, vol. i. No. 205, as well as in the earlier editions of Carli, Pietro di Lama, and Haubold (Spangenberg). The subject is expressly handled by Savigny (Zeitschrift, ix.) and Puchta, Kleine civil. Schriften, 1851: cf. Huschke, Ueber die Klagformeln in der Lex Rubria; Gaius, pp. 203-242; Hugo, Civil. Magazin, vol. ii. pp. 431-496; and Dirksen, Obs. ad selecta legis Gall. Cisalp. capita, Berlin, 1812.

RUPILIAE

RUPI´LIAEThese are not leges proper, but regulations for the organisation of Sicily, comprised in a decretum issued by P. Rupilius, its proconsul (B.C. 131), in accordance with instructions given him by tie ten legati sent by the senate, as was usual (Liv. 45.17; Appian, Iber. 99, Pun. 135; Sall. Jugurtha, 16) when the organisation of a province was being settled (Cic. in Verr. 2.1. 3, 16, 40; Pseudo-Ascon. p. 212: cf. Val. Max., 8). There is frequent mention in Cicero's second speech against Verres of the regulations (leges) of Rupilius in respect of the Sicilian judicial procedure, e. g. one by which he there established the supposed principle of the Lex Pinaria, requiring an interval of thirty days between the proceedings in jure and the appointment of a judex (cap. 15). Other leges of the same person, relating to the co-optation of the senate of Heraclia, where he had established a colony, are mentioned in Verr. 2.50, 125; and as to res frumentaria, in Verr. 3.40, 91. (See Marquardt, Röm. Staatsverwaltung, 1. p. 341.)

RUTILIA

RUTI´LIArelated to the appointment of the tribuni militum (Festus, s. v. Rufuli; Liv. 8.5; Ascon. in Verr. 1.10, p. 112, Orelli).

SACRATAE

SACRA´TAE(mentioned or referred to by Liv. 2.33, 3.55-Z2, 7.41-Z2, &c.; and Cic. pro Sest. 7, 16, 30, &c.; de Off. 3.31, 111; de Leg. 2.7, 18, &c.). The term seems properly to have been used of laws to which a religious sanction was attached, so that the person who was convicted of violating them became sacer: Sacratae leges sunt, quibus sanctum est, qui quid adversus eas fecerit, sacer alicui deorum sit cum familia pecuniaque (Festus). As to the nature of the sanction, something more may be gathered from Festus, s. v. Sacer mons: At homo sacer is est, quem populus judicavit ob maleficium, neque fas est eum immolari: sed qui occidit parricidii non damnatur, nam lege tribunicia prima cavetur: si quis eum qui eo plebei scito sacer sit occiderit parricida ne sit. Among such leges sacratae were the Lex Valeria de provocatione, the statute affirming the inviolability of tribuni plebis (Liv. 2.8, 33, 3.55-Z2; Cic. de Leg. 3.4, 11), the Lex Icilia de Aventino (Liv. 3.32) and the Lex militaris referred to by Liv. 7.41. See Ernesti's note cited by Orelli, Cicero, 8. p. 257; Ihering, Geist des röm. Rechts, pp. 273-276.

SAENIA

SAE´NIADE PATRICIORUM NUMERO AUGENDO, enacted in the fifth consulship of Augustus (Tac. Ann. 11.25; Mon. Ancyr. Pilae prioris, tab. 2. See CASSIA).

SALPENSANA

SALPENSA´NAa lex of the Emperor Domitian, A.D. 81-84, regulating the constitution of the Latin colony of Salpensa in Baetica.

SATURA

SA´TURA[LEXp. 33 b supr. ]

SCATINIAE

SCATI´NIAEanother reading for Atiniae in Cic. Phil. 3.6, 16.

SCANTINIA

SCANTI´NIAa lex of unknown date, enacted for the suppression of unnatural crime (Auson. Epigr. 89; Juven. 2.44; Cic. ad Fam. 8.1. 2, 14; Suet. Domit. 8), which was treated by the Lex Julia de adulteriis merely as stuprum (Dig. 48, 5, 34, 1; Collatio, 5.2; Paul. Sent. rec. 2.26, 13), and punished by partial confiscation of property, flogging, and relegatio (Inst. 4.18, 4). For these death was substituted by imperial constitutions (Coil. 5.3; Cod. 9, 9, 31).

SCRIBONIA

SCRIBO´NIAof unknown date, enacted that praedial urban servitudes should not be acquirable by usucapio (Dig. 41, 3, 4, 29): rustic servitudes could never be so acquired (apart from the praedia to which they were annexed), owing to the impossibility of applying to them the notion of possession (Dig. 8, 1, 14, pr.). The statute, however, did not prohibit the extinction of a servitude by lapse of time, which the Romans call usucapio libertatis (Dig. 41, 3, 4, 29). But the prescriptive acquisition of servitudes was re-introduced through the praetorian doctrine of longi temporis possessio. [SERVITUTES; USUCAPIO. ] See Unterholtzner, Verjahrungslehre, 2. § § 195-197.

SCRIBONIA ALIMENTARIA

SCRIBO´NIA ALIMENTA´RIA(Cael. ad Fam. 8.6, 5).

SCRIBONIA VIARIA

SCRIBO´NIA VIA´RIAcarried by the tribune C. Scribonius Curio, B.C. 51. Its motive and purport are explained by Appian, Bell. Civ. 2.26 sq.: cf. Orelli's Cicero, viii. pp. 259, 260.

SEMPRONIA AGRARIA

SEMPRO´NIA AGRA´RIAcarried by Tiberius Gracchus when tribune, B.C. 133. In settling its provisions he was aided by the advice of Crassus, then Pontifex Maximus, Mucius Scaevola, then Consul and later Pontifex Maximus himself, and Appius Claudius (Plut. Tib. Gracchus, 9); their main objects being to relieve the poverty of the humbler Roman citizens, and to establish a population of free and independent yeomen over the vast tracts of public land, the enjoyment of which the patricians had practically appropriated, notwithstanding the Lex Licinia, and which were at that date but sparsely peopled by shepherds, herdsmen, and a few slave cultivators. Its main enactment was that no person should hold more than 500 jugera of ager publicus (Liv. Epit. 58; Aurel. Victor de Vir. ill. 64), with an additional 250 jugera for each of two sons: but in no case was the holding to exceed 1000 jugera. From the estates recovered from the present tenants, as being in excess of the maximum fixed by the statute, holdings were to be provided for the poorer and landless citizens, which they were to have no power of alienating or even letting (Appian, Bell. Civ. 1.9, 10); the taxes assessed on the land were to be paid by the tenant. The execution of the statute was entrusted to a commission of three, which was to be elected every year (Appian, loc. cit.), the first three commissioners being Tiberius himself, his brother C. Gracchus, and Appius Claudius; but it was attended with great difficulties. The ager publicus had been held by private persons for generations as private property, had often changed hands by sale or assignment, and had been improved and built upon. Proposals were originally made for the payment of compensation for buildings and unexhausted improvements (Plut. loc. cit.; Appian, Bell. Civ. 1.11); but these, it would appear, were withdrawn.

The execution of the measure was stopped by a senatusconsultum which extinguished the powers of the commissioners to whom it had been entrusted; but it was revived by the Lex Sempronia of C. Gracchus, B.C. 123. The senate, however, practically rendered it a dead letter by employing Livius Drusus, another of the tribunes, to bring forward agrarian proposals even more popular with the proletariate than that of Gracchus; especially one permitting alienation of the holdings, whereby the tenants got money instead of land, and the rich were enabled to buy back the estates of which they had been temporarily deprived. (Plut. C. Gracchus; Appian, Bell. Civ. 1.21 ff.: for the whole subject, see Merivale's Fall of the Roman Republic, chap. i.)

SEMPRONIA

SEMPRO´NIADE CAPITE CIVIUM, carried by Caius Gracchus, B.C. 123: it re-affirmed the old legal principle that no judgment should be pronounced involving the life or freedom of a citizen without the assent of the Roman people (Cic. pro Rabirio, 4, 8; in Cat. 4, 5; in Verr. 5.63, 163; Gell. 10.3). See Ahren's Excursus on the statute, cited by Orelli, Cicero, vol. viii. pp. 264, 265.

SEMPRONIA

SEMPRO´NIADE PECUNIA CREDITA or DE FENORE, passed by the tribune M. Sempronius Tuditanus, B.C. 193. It was occasioned by the fact of citizens lending money in the names of non-cives in order to evade the laws against usury, to which it subjected the Socii and Latini (Liv. 35.7).

SEMPRONIA

SEMPRO´NIADE PROVINCIA ASIA provided that the taxes of the Roman province of Asia should be let out to farm by the censors (Cic. in Verr. 3.6, 12: cf. ad Att. 1.17, 9): probably a different lex from that which next follows. [DECUMAE]

SEMPRONIA

SEMPRO´NIADE PROVINCIIS CONSULARIBUS, passed by C. Gracchus, B.C. 123: it enacted that before the election of consuls the senate should in each year determine the two provinces which they were to have at the termination of their year of office; which of the two each was to take, was to be settled by them afterwards by lot or otherwise (Sail. Jugurtha, 27;--Cic. pro Domo, 9, 24; pro Balbo, 27, 61; ad Fam. 1.7, 10; de Prov. Cons. 2, 3).

SEMPRONIA

SEMPRO´NIADE SUFFRAGIIS, passed by C. Gracchus: it enacted that the order in which the centuries should vote should be determined by lot (Sall. de Republ. ordin. 2.8; Mommsen, Röm. Geschichte, 4.3).

SEMPRONIA

SEMPRO´NIAFRUMENTARIA of C. Gracchus (Cic. Tusc. 3.2. 0, 48; pro Sestio, 48, 103; de Off. 2.21, 72; Brut. 62, 222). [FRUMENTARIAE LEGES]

SEMPRONIA

SEMPRO´NIAJUDICIARIA, carried by C. Gracchus, B.C. 122: it took the judicia publica from the senate and transferred them to the Equites (Appian, Bell. Civ. 1.22; Vell. Pat. 2.6, 32; Cic. in Verr. 1.1. 3, 40; Tac. Ann. 12.60; Florus (Flor. 3.13, 17).

SEMPRONIA

SEMPRO´NIAMILITARIS, for providing soldiers with an outfit at the cost of the state (Plut. C. Gracchus, 5).

SEMPRONIA

SEMPRO´NIANE QUIS JUDICIO CIRCUMVENIRETUR (Cic. pro Cluentio, 55, 151). It seems in reality to have been somewhat of the same nature as the Lex Cornelia de sicariis et veneficis.

SERVILIA AGRARIA

SERVI´LIA AGRA´RIAbrought forward by the tribune P. Servilius Rullus, B.C. 63: it proposed to divide the ager campanus and campus stellatis among the poorer citizens (Cic. in Rull. 2, 28), to compensate all who had been robbed of their property by Sulla by the sale of all the ager publicus in Italy and the provinces (Cic. ib. 2, 15, 38), and to purchase lands in Italy for the, poor otherwise unprovided for from the wealth which had poured into the treasury from the recent conquests of Pompeius. It was successfully opposed by Cicero as consul, but was in substance carried by Julius Caesar, B.C. 59 (Cic. in Pison. 2, 4; ad Fam. 8, 6, 5: see JULIA AGRARIA).

SERVILIA GLAUCIA

SERVI´LIA GLAU´CIADE REPETUNDIS, B.C. 104 (Cic. pro Scauro, 1, 2; pro Rab. Post. 4, 9; in Verr. 1.9, 26; pro Balbo, 24, 54: see the. next note). [DELATIO NOMINIS; REPETUNDAE. ]

SERVILTA JUDICIARIA

SERVI´LTA JUDICIA´RIAB.C. 106: by this the consul Q. Servilius Caepio restored to the senators the monopoly of the judicia publica of which they had been deprived by the Lex Sempronia judiciaria (Tac. Ann. 12.60; Cic. Brut. 43, 44, 86; de Invent. 1.49; de Orat. 2.55, 223; pro Cluent. 55, 151), but it seems to have been almost at once repealed by the Lex de repetundis of Servilius Glaucia: see Klenze's work, Fragmenta legis Serviliae, &c., Berlin, 1825, and the extracts from it in Orelli's Cicero, vol. 8. p. 268.

SESTIA

SES´TIADE REVOCANDO CICERONE, B.C. 67 (Cic. ad Att. 3.2. 0, 3; ib. 23, 4).

SILIA

SI´LIAcirc. 244 B.C., introduced the legis actio called condictio, for the recovery of certa pecunia (Gaius, 4.19). [PER CONDICTIONEM]

SILIA

SI´LIAa plebiscitum proposed by P. and M. Silius, tribuni plebis, in respect of publica pondera (Festus, s. v. Publica Pondera).

SILVANI

SILVA´NI, ET CARBO´NIS. [PAPIRIA PLAUTIA. ]

SULPICIAE

SULPI´CIAEproposed by the tribune P. Sulpicius Galba, a supporter of Marius, B.C. 88, and enacting the recall of the exiles (Auct. ad Herenn. 2.28, 45), and the distribution of the new citizens and the libertini among all the thirty-five tribes (Ascon. in Corn. p. 64, Orelli): conferring the command in the Mithridatic war on Marius in lieu of Sulla (Vellei. 2.18, 6), and prohibiting senators from incurring debts beyond 2,000 drachmae, or 20,000 asses (Plut. Sull. 8). Appian (Bell. Civ. 1.59) says that all these laws were repealed (ὡς οὐκ ἔννομα) by Sulla and Pompeius. (Cf. Liv. Epit. 77; Cic. Phil. 8.2, 7.)

SULPICIA SEMPEONIA

SULPI´CIA SEMPEO´NIAB.C. 304; clearly the same as the LEX PAPIRIA DE CONSECRATIONE AEDIUM, and improperly named after the consuls of the year by some writers; its true title is clear from Cic. pro Domo, 49 and 50, 128. (Cf. Gaius, 2.5-7.)

SUMPTUARIAE

SUMPTUA´RIAE[SUMPTUARIAE LEGES]

TABELLARIAE

TABELLA´RIAE[TABELLARIAE LEGES]

TARPEIA ATERNIA

TARPE´IA ATE´RNIA[ATERNIA TARPEIA. ]

TERENTILIA

TERENTI´LIAthe proposals of the tribune C. Terentilius Arsa (B.C. 462), which eventually led to the enactment of the Twelve Tables (Liv. 3.9, 10, 31; Dionys. 10.1sq.) [DUODECIM TABULARUM. ]

TESTAMENTARIAE

TESTAMENTA´RIAE[CORNELIA; FALCIDIA; FUFIA CANINIA; FURIA; VOCONIA. ]

THORIA

THO´RIAThis agrarian law, proposed by a tribune named Sp. Thorius, is mentioned by Cicero (Cic. Brut. 36, 136; de Orat. 2.70, 284) and Appian (Bell. Civ. 1.27), and was one of three statutes by which such provisions of the Lex Agraria of C. Gracchus as had not been repealed by M. Livius Drusus were abrogated (Appian, loc. cit.). The first, whose author is unknown, was passed B.C. 121, and apparently confirmed the enactment attributed above [SEMPRONIA AGRARIA ] to Drusus, which permitted the sale of lands assigned to the poorer citizens under the law of Gracchus: the second (Lex Thoria), B.C. 119 or 118, prohibited all future distributions of ager publicus, abolished the triumviri agris dandis assignandis established by Tiberius Gracchus, and confirmed the old possessores in their holdings subject to the payment of a tax (vectigal), which was to be divided among the needier citizens in lieu of land: the third (B.C. 111), possibly proposed by: the tribune C. Baebius (Sail. Jug. 32, 33), relieved the possessores of this tax altogether.

The relation of these leges to one another is connected with the fragments of an extant bronze tablet, containing inscriptions on both sides: on one, parts of the Lex Servilia de repetundis (the chief authority on which is Klenze's work); on the other, parts of a Lex Agraria. The largest and most important of the fragments is now in the Museo Borbonico at Naples. The Lex Agraria was cut on the rough back of the tablet, the smooth side of which was intended for and occupied by the Lex Servilia; and the agrarian law being considerably longer than the latter, the characters [on the reverse side] 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 Agraria 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 law is cut (Rudorff).

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. Its second part, covering fifty-three lines, relates to land both public and private in the province of Africa: the final portion to the Roman public land in the territory of Corinth. Rudorff (Zeitschrift für rechtsgesch. Wissenschaft, vol. x. pp. 1-194) is of opinion that the lex applied to other land also, and for two reasons. First, the Roman agrarian laws of the seventh century of the city (e. g. the Lex Servilia of Rullus) apparently related to all the provinces of the Empire. Secondly, the fragment of this lex, which is preserved, is so broad compared with its height that the whole tablet may be concluded to have contained three times as much as the portion which we have: for nearly all the bronze tablets, on which Roman laws are cut, are oblong in form, with the height much greater than the width. Of the two-thirds of the tablet which he supposes to have been lost, no trace has yet been discovered.

Rudorff, in his essay on this lex (written in 1839), identified it with the Lex Thoria, by which name it was known for some considerable time. But more recently (Röm. Rechtsgeschichte, 1.16: cf. his note in Puchta's Institutionen, § 72, l) he has accepted the conclusion of Mommsen (Berichte der Sächs. Gesellschaft, 1850, p. 92) that it really is the third of the leges above mentioned, which possibly was a Lex Baebia. It is certainly said by Cicero (Cic. Brut. 36, 136) that Sp. Thorius agrum publicum vitiosa et inutili lege vectigali levavit; but this Mommsen renders relieved the ager publicus of the useless agrarian law of Gracchus by imposing on it a vectigal. The 19th and 20th lines of the lex on the tablet (which decree the repeal of the vectigalia) seem to be conclusive in favour of this and against Rudorff's earlier theory.

The extant text of this statute is printed by Mommsen, Inscr. Lat. No. 200, and by Rudorff in the essay referred to: cf. Huschke, Kritisches Jahrbuch, 1841, pp. 579-620; Zumpt, Comment. Epigraph. 1850, pp.: 205-221; and Walter, Geschichte des röm. Rechts, § 252, and note 69 ib.

TITIA

TI´TIASimilar in its provisions to the Lex Publicia (Dig. 11, 5, 2, 3).

TITIA AGRARIA

TI´TIA AGRA´RIA(Val. Max.; Cic. de Leg. 2.12, 31; Julius, Obs. 100.45).

TITIA

TI´TIADE TUTORIBUS [JULIA ET TITIA]. Another Lex Titia is referred to in Cic. pro Mur. 8, 18.

TREBONIA

TREBO´NIAcarried by the tribune L. Trebonius (B.C. 448), and enacting that if the Comitia were unable to elect ten tribuni plebis on the proper day, those actually selected should not fill up the vacancies by cooptation, but the Comitia be continued until the full number was complete (Liv. 3.64, 65; 5.10-Z2).

TREBONIA

TREBO´NIADE PROVINCIIS CONSULARIBUS, B.C. 55 (Liv. Epit. 105; Dio Cass.; Plut. Cato min. 43).

TRIBUNICIA

TRIBUNI´CIAPlebiscita are commonly described as leges tribuniciae: but the term is also applied by Cicero (in Verr. 1.16, 42) to the lex by which Pompeius restored to the tribunes the powers of which they had been shorn by Sulla.

TULLIA

TU´LLIADE AMBITU, carried by Cicero B.C. 63 (pro Mur. 3, 23, 32, &c.; pro Sest. 64, 163; in Vatin. 15, 37; Dio Cass.). [AMBITUS]

TULLIA

TU´LLIADE LIBERIS LEGATIONIBUS, also carried by Cicero (de Leg. 3.8, 18). See LEGATUS

UNCIARIA

UNCIA´RIA(Festus, p. 375). [CORNELIA UNCIARIA; cf. VALERIA DE AERE ALIENO. ]

VALERIA

VALE´RIADE AERE ALIENO, carried B.C. 86 by L. Valerius Flaccus, reducing all debts by three-fourths (Vell. Pat. 3.23; Sall. Cat. 33; Cic. pro Fonteio, 1, 1).

VALERIA

VALE´RIADE CIVITATE CALLIPHANAE VELIENSIS, B.C. 98, a privilegium by which a priestess of Ceres was made a civis Romana (Cic. pro Balbo, 24, 55).

VALERIA

VALE´RIADE CIVITATE FORMIANORUM, &c., B.C. 88 (Liv. 38.36).

VALERIA

VALE´RIA DE MANUS INJECTIONE. [VALLIA.]

VALERIA

VALE´RIADE SULLA DICTTORE, carried by L. Valerius Flaccus, B.C. 82, giving the force of law to all Sulla's acts (Cic. de Lege agr. 3.2, 7; de Leg. 1.15, 42; pro Rosc. Am. 43, 126; Plut. Sull. 33).

VALERIAE

VALE´RIAEproposed and carried B.C. 508 by the consul P. Valerius, with the object of relieving himself from the suspicion of aiming at the kingly power and increasing his own popularity: means by which he acquired the name of Publicola or Poplicola, by which he is generally known. The first and best known of his laws is that which reduced the powers of the magistrate (de Provocatione--de Multa) by enacting that every citizen, whether patrician or plebeian, should have an appeal (provocatio) to the Comitia (curiata, Walter, Geschichte des röm. Rechts, § 40; Schwegler, 21.17, 25.12; centuriata, Mommsen, Röm. Geschichte, 2.1, and Huschke, Rein, Becker-Marquardt, &c.) from any magisterial sentence by which he was condemned to death or flogging (Cic. de Rep. 2.3. 1, 54; Val. Max.; Liv. 2.30), or to payment of any fine larger than two sheep and five oxen (Plut. Popl. 11). Cicero (de Rep. 2.31, 54) says that this was the first lex passed at the Comitia Centuriata. The right of appeal only applied to Rome and its precincts within a mile of the city, for the imperium of the consuls beyond this boundary was unlimited ( neque enim provocationem esse longius ab urbe mille passuum, Liv. 3.20). The second Lex Valeria of Publicola declared accursed anyone who formed designs to grasp the kingly power, and made both him and his property sacer [SACRATAE LEGES ]: Dionys. 5.19, 70; Plut. Popl. 12.

VALERIAE HORATIAE

VALE´RIAE HORA´TIAEcarried B.C. 449 by the consuls L. Valerius Potitus and M. Horatius Barbatus. The probable import of one of these, relating to the binding force of plebiscita, has been stated above [PUBLILIAE LEGES ]. A second was intended to secure the principle of the Lex Valeria de provocatione, enacting ne quis ullum magistratum sine provocatione crearet: qui creasset eum jus fasque esset occidi, neve ea caedes capitalis noxae haberetur (Liv. 3.55: cf. Cic. de Rep. 2.3. 1, 54). This principle was re-asserted again almost at once by the Lex Duilia (Liv. loc. cit.), and many years afterwards by a third Lex Valeria, passed by M. Valerius, consul B.C. 300, which Livy (Liv. 10.9) says was armed with more precise sanctions quod plus paucorum opes quam libertas plebis poterant.

A third Lex Valeria Horatia made sacrosancti the persons of the plebeian tribunes and aediles and the judices decemviri (Liv. 3.55): anyone who violated the enactment being made sacer to Jupiter, and his property confiscated to the temple of Ceres and Liber. The judices decemviri seem not to be two separate classes of judges, but the collegium of decemvirs.

VALLIA

VA´LLIAaccording to Studemund's recension, the name of the statute mentioned by Gaius (4.25), which limited the operation of Manus injectio for execution purposes to judgment debts (judicatum) and debts established by actio depensi. [PUBLILIA DE SPONSU. ]

VARIA

VA´RIA(Val. Max., 4; Appian, Bell. Civ. 1.37; Cic. Tusc. 2.24, 57; pro Scauro, 1, 3; Brut. 56, 89). [MAJESTAS]

VATINIA

VATI´NIADE COLONIS, under which the Latin colony of Novum Comum in Cisalpine Gaul was founded B.C. 59 (Suet. Jul. 28).

VATINIA

VATI´NIADE IMPERIO C. CAESARIS, carried B.C. 59 by the tribune P. Vatinius: it conferred on Julius Caesar the province of Cisalpine Gaul, with Illyricum, for five years: Gallia Transalpina was subsequently added by a senatusconsultum (Sueton. Jul. 22; Dio Cass.; Appian, Bell. Civ. 2.13; Vellei. 2.44; Cic. in Vatin. 15, 36: cf. TREBONIA).

VATINIA

VATI´NIADE REJECTIONE JUDICUM, carried by the same P. Vatinius: it enabled both accuser and accused in a trial for Repetundae to once reject the whole consilium of judges drawn by the praetor: previously they had been able only to challenge individual members of the panel (Cic. in Vatin. 11, 27; Schol. Bob. pp. 321, 323, Orelli).

VATINIA

VATI´NIADE L. VETTII INDICIO (Cic. in Vatin. 11, 26; Dio Cass.; Appian, Bell. Civ. 2.12; Schol. Bob. in Vatin. p. 320, Orelli).

VECTIBULICI

VECTIBULICIa law supposed to have been passed by the Comitia in the time of Trajan, and so later than the Lex Agraria of Nerva, generally held to have been the last enacted in this manner. The reading in Cod. 7, 9, 2, on which the assumption rests, is probably corrupt: see Puchta, Institutionen, § 106, note b.

VERRIA FRUMENTARIA

VE´RRIA FRUMENTA´RIA(Cic. in Verr. 3.49, 117).

VIARIA

VIA´RIAa name sometimes given to the lex of Scribonius Curio, de viis muniendis [SCRIBONIA ], because described under it by Cicero, ad Fam. 8.6.

VICESIMARIA

VICESIMA´RIA(Gaius, 3.125, 126; Dig. 2, 15, 13; 11, 7, 37; 28, 1, 7, &c.). [JULIA VICESIMARIA. ]

VILLIA ANNALIS

VI´LLIA ANNA´LISB.C. 180. [ANNALES LEGES]

VISELLIA

VISE´LLIAA.D. 23, rendered libertini liable to a criminal prosecution who fraudulently attempt to exercise the rights of ingenui (Cod. 9, 21; 10, 32, 1): it also enabled Latini Juniani to acquire the civitas by service in the Roman guards (vigiles) for six years, which was subsequently reduced to three by a senatusconsultum (Ulpian, Reg. 3.5).

[J.B.M]

Lex

(1) A statute; a rule of law (ius) laid down by some authorized organ of the State. In the royal period the kings are said to have exercised legislative power (whether the assent of the Comitia Curiata was required, is disputed; cf. Dionysius, 4, 13; Dig. 1, 2, 2. 1, 2); but the so-called leges regiae seems to be mainly rules of the old religious law formulated by the priests. A collection of the leges regiae, made towards the end of the Republic by Sextus Papirius, was called, from its editor, the ius Papirianum (Dig. 1, 2, 2. 2; 50, 16, 144). With the establishment of the Republic the initiative in legislation passed to the magistrates, but their proposals (rogationes) required the assent of the Comitia Centuriata (uti rogas =yes; antiquo =no). All the earlier leges of the Republic, including the Twelve Tables, were thus enacted. The tribunes might similarly propose bills to the assembly of the plebs; but these, if ratified (plebiscita), originally bound the plebeians only. By a lex Hortensia (B.C. 286) plebiscita became binding on the whole people, and the Comitia Tributa thus obtained concurrent legislative power. In the last centuries of the Republic the plebiscita were more numerous and more important than the leges voted by the Comitia Centuriata. Within the limits of their respective powers, resolves of the Senate and edicts of the magistrates had also the force of laws. In the Empire all legislative power was practically vested from the outset (by the lex de imperio, also called lex regia) in the emperor. Bills were still submitted by Augustus to the popular assembly and by his successors to the Senate; but the imperial measures were invariably approved, and the jurists often cited laws voted by the Senate not as senatus consulta, but as orationes principis. The emperors had also the full ius edicendi, or right of issuing edicts, which had been exercised by the republican magistrates. As late as the third century, however, the jurists confined the term leges, in the stricter sense, to the enactments of the Comitia Centuriata, distinguishing between these and all other forms of law (cf. Gaius Iust. i. 5; Dig. 1, 1, 7, pr.; 1, 4, 1, pr.). In a wider sense plebiscita, Senatus consulta, edicta praetorum, and constitutiones principum were all termed leges (cf. Dig. 9, 2, 1. 1; 14, 6, 9. 4; 38, 8, 1. 2; 1, 4, 1. 1). In the later Empire leges designated primarily the imperial constitutions, all the earlier statutes having become a part of the ius (cf. ius [1]). A complete collection of all the older leges and fragments of leges that have come down to us in texts or inscriptions (including reconstructions of the leges regiae and the Twelve Tables) is to be found in Bruns and Mommsen, Fontes Iuris Romani Antiqui (5th ed. 1887).

(2) In a looser sense any rule of law, even of customary origin, is occasionally termed lex (cf. Dig. 1, 5, 24; 1, 3, 32. 1); and in the later imperial constitutions leges is occasionally used in a collective sense, as equivalent to ius or the whole body of the law (so legum scientia, legum prudentes).

(3) Lexwas also used, from the earliest period, to denote the rule which private persons impose upon themselves and their successors by contracts or other legal acts. So lex contractus (Dig. 16, 3, 24), lex donationis (ib. 1, 5, 22), for the provisions or conditions of a contract, gift, etc., and legum testamento dicere (ib. 28, 1, 14). Lex commissoria was a clause in a contract by which one of the parties reserved the right of annulling the contract. So in sales it was frequently agreed that if the price were not paid at a certain time res inempta fuerit. In mortgages lex commissoria was an agreement that if the debtor failed to pay at a stipulated time the mortgagee need not sell the property and account for any surplus, but might simply appropriate it. Such an agreement Constantine declared null.

The following list of the principal laws is given for the convenience of the student:

ACILIA. See repetundae.

ACILIA CALPURNIA or CALPURNIA. See ambitus.

AEBUTIA, of about B.C. 170, which, with two Iuliae leges, put an end to the legis actiones, except in certain cases. See iudex; actio.

This, or another law of the same name, prohibited the proposer of a law which created any office or power (curatio ac potestas) from having such office or power, and even excluded his colleague, cognati and affines ( De Domo, 20, 51).

AELIA. This law, and a Fufia lex, passed about the end of the first century B.C., gave to all the magistrates the obnuntiatio, or power of preventing or dissolving the Comitia, by observing the omens and declaring them to be unfavourable.

AELIA SENTIA. This law (of A.D. 4) contained various provisions as to the manumission of slaves. See manumissio.

AEMILIA. A law passed in the dictatorship of Mamercus Aemilius (B.C. 433), by which the censors were elected for a year and a half instead of a whole lustrum. After this law they had accordingly only a year and a half allowed them for holding the census and farming out the public works.

AEMILIA BAEBIA. See Cornelia Baebia, below.

AEMILIA LEPIDI, AEMILIA SCAURI. See sumtuariae Leges.

AGRARIAE. See agrariae leges.

AMBITUS. See ambitus.

ANNĀLES. Statutes prescribing the age at which a man might be a candidate for the various offices. The first law of this kind was a lex Villia (B.C. 80).

ANTIA. See sumtuariae leges.

ANTONIAE, the name of various enactments proposed or passed by the influence of M. Antonius, after the death of the dictator I. Caesar. Another law that was promulgated allowed an appeal to the people after conviction for vis or maiestas. Various other measures proposed by M. Antonius are mentioned by Cicero, Dio Cassius, and Appian.

APULĒIA (of B.C. 102), gave a surety an action against his cosureties for whatever he had paid above his share.

APULĒIA AGRARIA, proposed by the tribune L. Apuleius Saturninus, B.C. 101 (Livy , Epit. 69).

APULĒIA FRUMENTARIA, proposed about the same time by the same tribune.

APULĒIA MAIESTĀTIS. See maiestas.

AQUILIA. A law relating to damnum (q. v.).

ATERNIA TARPĒIA (B.C. 454). This law empowered all magistrates to fine persons who resisted their authority; but it fixed the highest fine at two sheep and thirty oxen. See multa.

ATIA DE SACERDOTIIS (B.C. 63), proposed by the tribune T. Atius Labienus, repealed the lex Cornelia de sacerdotiis.

ATILIA. See Iulia Lex et Titia; tutor.

ATINIA (of perhaps B.C. 198), allowed no usucapion in a stolen thing. See usucapio.

ATINIA, of uncertain date, was a plebiscitum which gave the rank of senator to a tribune. The measure perhaps originated with C. Atinius, who was tribune B.C. 130 (Gell.xiv. 8).

AURELIA. See tribunus.

AURELIA IUDICIARIA. See iudex.

BAEBIA (B.C. 192), enacted that four praetors and six praetors should be chosen alternately; but the law was not observed (Livy , xl. 44).

CAECILIA DE CENSŌRIBUS or CENSORIA (B.C. 52), proposed by Metellus Scipio, repealed a Clodia lex (B.C. 58) which had prescribed certain regular forms of proceeding for the censors in exercising their functions as inspectors of morals, and had required the concurrence of both censors to inflict the nota censoria. When a senator had been already convicted before an ordinary court, the law permitted the censors to remove him from the Senate in a summary way.

CAECILIA DE VECTIGALIBUS (B.C. 62), released lands and harbours in Italy from the payment of taxes and dues (portoria). The only vectigal remaining after the passing of this law was the vicesima. See portorium.

CAECILIA DIDIA (B.C. 88) forbade the proposing of a lex Satura, on the ground that the people might be compelled either to vote for something which they did not approve, or to reject something which they did approve, if it was proposed to them in this manner. This law was not always operative.

CAELIA TABELLARIA. See tabellariae leges.

CALPURNIA DE AMBITU. See ambitus.

CALPURNIA DE CONDICTIŌNE. See actio.

CALPURNIA DE REPETUNDIS. See repetundae.

CANULĒIA (B.C. 445) established conubium between the patres and plebs, which had been refused by the law of the Twelve Tables (Livy, iv. 1, 6).

CASSIA (B.C. 104), proposed by the tribune L. Cassius Longinus, did not allow a person to remain a senator who had been convicted in a iudicium populi, or whose imperium had been abrogated by the people.

CASSIA, empowered the dictator Caesar to add to the number of the patricians, to prevent their extinction (Tac. Ann. xi. 25).

CASSIA AGRARIA, proposed by the consul Sp. Cassius, B.C. 486.

CASSIA TABELLARIA. See tabellariae leges.

CASSIA TERENTIA FRUMENTARIA (B.C. 73), for the distribution of corn among the poor citizens and the purchasing of it.

CINCIA or MUNERĀLIS, a plebiscitum carried by the tribune M. Cincius Alimentus in B.C. 204. It provided (1) that gifts beyond a maximum amount should not be made; but imposed no penalty for the violation of this provision, and was therefore a lex imperfecta;

(2) it prescribed a set form of gift.

CLAUDIA, a law passed in the time of the emperor Claudius, taking away the agnatorum tutela in the case of women, not in potestate or in manu (Gaius, i. 57, 1. 171-172).

CLODIAE, the name of various plebiscita, proposed by Clodius when tribune, B.C. 58.

Clodia de Auspiciis prevented the magistratus from dissolving the Comitia Tributa by declaring that the auspices were unfavourable. This law, therefore, repealed the Aelia and Fufia. It also enacted that a law might be passed on the dies fasti. See Aelia Lex, above.

Clodia de Censorĭbus. See Caecilia.

Clodia de Civĭbus Romānis Interemptis, to the effect that qui civem Romanum indemnatum interemisset ei aqua et igni interdiceretur. It was in consequence of this law that the interdict was pronounced against Cicero, who considers the whole proceeding as a privilegium (q. v.).

Clodia Frumentaria, by which the corn, which had formerly been sold to the poor citizens at a low rate, was given. See frumentariae leges.

Clodia de Sodalitatĭbus or De Collegiis, restored the sodalicia, which had been abolished by a senatus consultum of the year B.C. 64, and permitted the formation of new sodalicia.

There were other so-called leges Clodiae, which were, however, privilegia.

COELIA. See tabellariae leges.

CORNELIAE. Various leges passed in the dictatorship of Sulla , and by his influence, are so called.

Agraria, by which many of the inhabitants of Etruria and Latium were deprived of the complete civitas and retained only the commercium, and a large part of their lands were made publicum and given to military colonists.

de falsis. See falsum.

de iniuriis. See iniuria.

iudiciaria. See iudex.

maiestatis. See maiestas.

nummaria. See falsum.

de proscriptiōne. See proscriptio.

de parricidio. See Cornelia Lex de Sicariis, below.

de sacerdotiis. See sacerdotium.

se sicariis et de venefĭcis. A law passed about B.C. 81 inflicting penalties not only for actual killing, but for carrying weapons with a murderous purpose, for arson, for selling poisons for the destruction of human life, for perjury in a capital case, etc. Under Antoninus Pius this law was further extended to cover the killing of slaves without just cause (see servus), and the castration of men.

sumtuariae. See sumptuariae leges.

testamentaria. See falsum.

unciaria appears to have been a law which lowered the rate of interest, and to have been passed about the same time with the leges sumtuariae of Sulla.

de vadimonio. See vadimonium.

There are other leges Corneliae, such as that de sponsoribus (see intercessio), which may be laws of L. C. Cinna.

There were also leges Corneliae which were proposed by the tribune C. Cornelius about B.C. 67, and limited the edictal power by compelling the praetors ius dicere ex edictis suis perpetuis. See edictum.

Another law of the same tribune enacted that no one legibus solveretur, unless such a measure was agreed on in a meeting of the Senate at which two hundred members were present, and afterwards approved by the people; and it enacted that no tribune should put his veto on such a senatus consultum.

There was also a lex Cornelia concerning the wills of those Roman citizens who died in captivity (apud hostes). See legatum.

de vi publĭca. See Vis Publica.

CORNELIA BAEBIA DE AMBITU, proposed by the consuls P. Cornelius Cethegus and M. Baebius Tamphilus, B.C. 181. This law is sometimes, but erroneously, attributed to the consuls of the preceding year, L. Aemilius and Cn. Baebius. See ambitus.

Cornelia Caecilia de Cn. Pompēio. A law of B.C. 57 giving Pompey extraordinary powers for five years for the management of the corn supply of Rome ( Ad Att. iv. 1, 7).

DECEMVIRĀLIS. See twelve tables.

DIDIA. See Sumptuariae Leges.

DOMITIA DE SACERDOTIIS. See sacerdotium.

DUILIA (B.C. 449), a plebiscitum proposed by the tribune Duilius, which enacted qui plebem sine tribunis reliquisset, quique magistratum sine provocatione creasset, tergo ac capite puniretur (Livy, iii. 55).

DUILIA MAENIA de unciario fenore, B.C. 357. The same tribunes, Duilius and Maenius, carried a measure which was intended in future to prevent such unconstitutional proceedings as the enactment of a law by the soldiers out of Rome, on the proposal of the consul.

DUODĔCIM TABULĀRUM. See Twelve Tables.

FABIA DE PLAGIO. See plagium.

FALCIDIA. See legatum.

FANNIA. See sumptuariae leges.

FLAMINIA was an agrarian law for the distribution of lands in Picenum, proposed by the tribune C. Flaminius in B.C. 228 according to Cicero, or in B.C. 232 according to Polybius.

FLAVIA AGRARIA (B.C. 60), for the distribution of lands among Pompey's soldiers, proposed by the tribune L. Flavius, who committed the consul Caecilius Metellus to prison for opposing it.

FRUMENTARIAE. Various leges were so called which had for their object the distribution of grain among the people at a low price or gratuitously. See frumentariae leges.

FUFIA DE RELIGIŌNE (B.C. 61) was a privilegium which related to the trial of Clodius.

FUFIA CANINIA (about A.D. 4) limited the number of slaves to be manumitted by testament. See manumissio.

FURIA TESTAMENTARIA. See legatum.

GABINIA TABELLARIA. See tabellariae leges.

There were various Gabinian laws, some of which were privilegia, as that for conferring extraordinary power on Cn. Pompeius for conducting the war against the pirates.

A Gabinian law (B.C. 58) forbade all loans of money at Rome to legationes from foreign parts (Salaminii cum Romae versuram facere vellent, non poterant, quod lex Gabinia vetabat). The object of the law was to prevent money being borrowed for the purpose of bribing the senators at Rome.

GELLIA CORNELIA (B.C. 72), which gave to Cn. Pompeius the extraordinary power of conferring Roman citizenship on Spaniards in Spain, with the advice of his council (de consilii sententia).

GENUCIA (B.C. 343) forbade altogether the taking of interest for the use of money. See fenus.

HIERONICA was not a law properly so called. Before the Roman conquest of Sicily, the payment of the tenths of wine, oil, and other produce had been fixed by Hiero, and the Roman quaestors, in letting these tenths to farm, followed the practice which they found established. See fecuma.

HORATIA, proposed by M. Horatius (B.C. 449), made the persons of the tribunes, the aediles, and others sacrosancti. Another lex Horatia mentioned by Gellius (vi. 7, 2-4) was a privilegium.

HORTENSIA DE PLEBISCĪTIS. See plebiscitum.

Another lex Hortensia enacted that the nundinae, which had hitherto been feriae, should be dies fasti. This was done for the purpose of accommodating the inhabitants of the country.

ICILIA (B.C. 456), by which the Aventine Hill was assigned to the plebs as a dwelling-place. This was the first instance of the public land being assigned to the plebs.

Another lex Icilia, proposed by the tribune Sp. Icilius, B.C. 469, had for its object to prevent all interruption to the tribunes while acting in the discharge of their duties. In some cases the penalty was death.

IULIAE. Most of these were passed in the time of Iulius Caesar and Augustus. The following are the most important:

Agraria (B.C. 59), providing for the assignment of lands in Campania to the veterans of Pompey and to poor citizens, especially to those who had three children.

De Adulteriis. See adulterium.

De Annōna, against those who tried to raise the price of grain—to “corner the market.”

De Bonis Cedendis. See bonorum cessio.

De Fenŏre (B.C. 49), compromising the claims of creditors and debtors ( B. C. iii. 1).

De Maritandis Ordinĭbus. See Iulia et Papia Poppaea, below.

De Provinciis, limiting the praetorian governor of a province to one year and the consular to two.

Iuliae Iudiciariae, one depriving the tribuni aerarii of their share in the iudicia publica ( Iul. 41) and the other instituting a select list of iudices for trying civil cases (Suet. Aug. 32).

Iulia Maiestātis. See maiestas.

Iulia Municipālis, also called the Tabŭla Heracleensis, found on a bronze in the fragments at Tarentum (Heraclea) in 1732 and 1735, and now in the Naples Museum. On one side is a Greek ψήφισμα of the town of Heraclea; on the other is a part of a Roman law containing various police regulations of the city of Rome, and rules for the constitution of colonies, muncipalities, etc. A lithographed copy of the table is given by Ritschl, tab. xxxiii., xxxiv. For the text, see Spangenberg's Monumenta Legalia (1830).

Iulia et Papia Poppaea. Augustus appears in his sixth consulate (B.C. 28) to have issued an edict (Tac. Ann. iii. 28) on the subject of marriage, which he followed up (B.C. 18) by proposing a law to the Senate regulating certain marriages, imposing disabilities on unmarried persons (caelibes), and establishing rewards for those who had married and reared children (Dio Cass. liv. 16). This he carried, with difficulty, through the Senate; but, apparently owing to the organized resistance of the equites, it was rejected at the Comitia (Suet. Aug. 34). Towards the end of his reign, however (A.D. 3), he succeeded in passing it, with its rewards increased and its penalties mitigated; it is referred to in the Carmen Saeculare of Horace, which was written B.C. 17, and is mentioned under the name lex Iulia de maritandis ordinibus in Dig. 38, 11; 23, 2. The opposition of the knights was overcome by a provision that it should not come into force for three, a period subsequently extended to six, years; and taking advantage of this, Augustus passed, in A.D. 9, another statute (called Papia Poppaea from the consules suffecti for the year, M. Papius Mutilus and Q. Poppaeus Secundus: Dio Cass. lvi. 1-10), containing further enactments on the same subject. Sometimes they are cited by reference to their various chapters—e. g. lex Caducaria, lex Decimaria, lex Miscella, etc.

Many commentaries were written on these laws by the Roman jurists, of which considerable fragments are preserved in the Digest. Gaius wrote fifteen books, Ulpian twenty, and Paulus at least ten. The joint statute contained at least thirtyfive chapters (Dig. 22, 2, 19); but, as a rule, it is impossible to say to which of the two laws, included under the general title of lex Iulia et Papia Poppaea, the several provisions, as now known to us, belong.

Among the enactments of these statutes are the following:

(a) Prohibition of certain marriages under penalties: viz. of ingenui and infames (e. g. actresses and prostitutes); and of senators or their children with freed women, freedmen, and actors' daughters. Marriages between a senator or his issue and libertini were declared void by a senatus consult passed under M. Aurelius, and the rule was subsequently extended to actors and actresses (Dig. 42, 1).

(b) Avoidance of conditions against marriage annexed to legacies and inheritances.

(c) Provisions to encourage marriage. Caelibes were disabled by the lex Iulia from taking either as heirs or as legatees under a will, unless the testator was related to them within the sixth degree, or unless they married within 100 days. Spadones and Vestal Virgins were exempted from the operation of the statute, as were widows for twelve months, and divorced women for six. Again, the penalty of the statute could be evaded by an engagement to marry, if carried out within two years (Oct. 34). Finally, males were released from its provisions in this respect on attaining sixty, women on attaining fifty years of age; but a senatus consultum Persicianum, passed under Tiberius, enacted that they should be regarded as caelibes in perpetuity if they postponed marrying till so late in life. A senatus consultum Claudianum so far modified the strictness of the new rule as to give a man who married after sixty the same advantage that he would have had if he had married under sixty, provided he married a woman who was under fifty; but it was enacted by a senatus consultum Calvisianum under Nero, that if a woman over fifty married a husband under sixty, even the latter should not escape the disabilities imposed by the statute. Similarly, by the lex Papia, orbi (persons who had married, but had no children living) were disqualified from taking more than half of what was left them by way of either inheritance or legacy, unless related to the testator within the sixth degree. Males escaped the penalties of orbitas by having a single (even adoptive) child (Iuv. xix. 83, 86-89), but by a senatus consultum Memmianum adoption was deprived of this effect when resorted to merely in order to evade the statute; but women were not so well off, ingenuae being released only by three, libertinae only by four children. There were exceptions to these rules if the wife was under twenty or over fifty, or the husband under twenty-five or over sixty, and also if the husband was residing away from the wife reipublicae causa. Legacies and inheritances which could not be taken either in whole or part, owing to these provisions of the lex Iulia or lex Papia Poppaea, became caduca (see bona caduca), the law upon which subject was considerably modified by these statutes.

(d) Among other provisions may be noticed the rule giving a preference to candidates for office according to the number of their children; the release of ingenuae with three and libertinae with four children from tutela; and of libertini with a certain number of children from operarum obligationes (Dig. 38, 1). The exemption of persons from discharging the office of tutor or curator iure liberorum was based on these statutes.

After the enactment of the lex Papia Poppaea, it became not unusual to obtain a grant of a fictitious ius liberorum by special favour from the Senate, and later from the emperor, whereby those who had no children, or not enough, were enabled to escape its disabilities and even enjoy most of its benefits. This privilege is mentioned in some inscriptions, on which the abbreviation I. L. H. (ius liberorum habens) sometimes occurs. The emperor Marcus Aurelius enacted that children should be registered by name within thirty days of their birth with the Praefectus Aerarii Saturni.

The penalties of caelibatus and orbitas were abolished by Constantine and his sons, and little is left of these statutes in the law of Justinian.

Iulia et Titia (about B.C. 31), assigning to the praesides of provinces the duty of appointing guardians for women and impaberes who were not in patria potestate, or already provided with one.

Papiria. See Papiria, below.

Sumptuaria. See sumptuariae leges.

theatrālis, allowing Roman knights, in case either they or their parents had ever had a knight's fortune, to sit in the fourteen rows of seats at the theatre set apart for equites by the lex Roscia theatralis (Suet. Aug. 40).

Vicesimaria. See vicesima, under vectigalia.

IUNIA DE PEREGRĪNIS, proposed B.C. 126 by M. Iunius Pennus, a tribune, banished peregrini from the city.

A law of C. Fannius, consul, B.C. 122, contained the same provisions respecting the Latini and Italici; and a law of C. Papius, perhaps B.C. 65, contained the same respecting all persons who were not domiciled in Italy.

IUNIA LICINIA. See Licinia Iunia, below.

IUNIA NORBĀNA, of uncertain date, but probably about A.D. 19, enacted that when a Roman citizen had manumitted a slave without the requisite formalities, the manumission should not in all cases be ineffectual, but the manumitted person should have the status of a Latinus. See Latinitas; libertus.

IUNIA REPETUNDĀRUM. See repetundae.

IUNIA VELLĒIA (A.D. 10) allowed a posthumus to be instituted heres, if he should be born in the life-time of the testator. It also so far modified the old law that a person who, by the death of a heres institutus, after the testator had made his will, became a heres quasi agnascendo, did not break the will if he was instituted heres.

LAETORIA. See curator.

Sometimes the law proposed by Volero for electing plebeian magistrates at the Comitia Tributa is cited as a lex Laetoria (Livy, ii. 56, 57).

LICINIA DE SODALICIIS. See ambitus.

LICINIA IUNIA or, as it is sometimes called, Iunia et Licinia, passed in the consulship of L. Licinius Murena and Iunius Silanus, B.C. 62, enforced the Caecilia Didia, in connection with which it is sometimes mentioned.

LICINIA MUCIA DE CIVIBUS REGUNDIS, passed in the consulship of L. Licinius Crassus and Q. Mucius Scaevola, B.C. 95, which enacted a strict examination as to the title to citizenship, and deprived of the exercise of civic rights all those who could not make out a good title to them. This measure partly led to the Marsic War.

LICINIA SUMTUARIA. See sumptuariae leges.

LICINIAE ROGATIŌNES. See Rogationes Liciniae.

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 Roman citizenship. He is also said to have been the mover of a law for adulterating silver by mixing with it an eighth part of brass. Drusus was assassinated, and the Senate declared that all his laws were passed contrary to the auspices, and were therefore not at all.

MAENIA LEX is only mentioned by Cicero, 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 law, therefore, required the patres to give their consent, at least to the election of a magistrate; or, in other words, to confer, or agree to confer, the imperium on the person whom the Comitia should elect. It was probably proposed by the tribune Maenius, B.C. 287.

MAIESTĀTIS. See maiestas.

MANILIA, proposed by the tribune C. Manilius, B.C. 66, was a privilegium, by which was conferred on Pompey the command in the war against Mithridates. The law was supported by Cicero when praetor. See Pompeius.

The Leges Maniliānae, mentioned by Cicero, were evidently not leges proper, but probably forms which it was prudent for parties to observe in buying and selling.

MANLIA, also called LICINIA (B.C. 196), created the triumviri epulones.

MANLIA DE VICESIMA. See vicesima, under vectigalia.

MARCIA, probably about the year B.C. 352, against usury (Gaius, iv. 23).

MARIA, proposed by Marius when tribune, B.C. 119, for narrowing the pontes at elections. See pons.

MENSIA. This law enacted that if a woman who was a Roman citizen (civis Romana) married a peregrinus, the offspring was a peregrinus. If there was conubium between the peregrinus and the woman, the children, according to the principle of conubium, were peregrini, as the legal effect of conubium was that children followed the condition of their father (liberi semper patrem sequuntur). If there were no conubium, the children, according to another rule of law, by which they followed the condition of the mother, would have been Roman citizens; and it was the object of the law to prevent this.

MINUCIA (B.C. 46) created the triumviri mensarii.

MUNERĀLIS. See Cincia; Iuliae, above.

OGULNIA, proposed by the tribunes B.C. 300, increased the number of pontifices to eight and that of the augurs to nine; it also enacted that four of the pontifices and five of the augurs should be taken from the plebeians.

OPPIA (B.C. 215). See sumptuariae leges.

ORCHIA (B.C. 171). See sumptuariae leges.

OVINIA, of uncertain date, was a plebiscitum, which gave the censors certain powers in regulating the lists of the senators (ordo senatorius); the main object seems to have been to exclude all improper persons from the Senate, and to prevent their admission, if in other respects qualified.

PAPIA DE PEREGRĪNIS. See Iunia de Peregrinis, above.

PAPIA POPPAEA. See Iuliae Leges.

A lex Papia on the manner of choosing the Vestal Virgins is mentioned by Gellius; but the reading appears to be doubtful, and perhaps it ought to be called lex Popilia (Gell.i. 12).

PAPIRIA or IULIA PAPIRIA DE MULTĀRUM AESTIMATIŌNE (B.C. 430) fixed a money value, as an equivalent for fines, which formerly were paid in sheep and cattle. Gellius and Festus make this valuation part of the Athenian law.

PAPIRIA (B.C. 89), by which the as was made semuncialis, one of the various enactments which tampered with the coinage.

PAPIRIA (B.C. 332), proposed by the praetor Papirius, gave the Acerrani the civitas without the suffragium. It was properly a privilegium, but is useful as illustrating the history of the extension of the civitas Romana.

PAPIRIA (B.C. 303) enacted that no aedes should be consecrated without a plebiscitum (iniussu Plebis).

PAPIRIA PLAUTIA, a plebiscitum of the year B.C. 89, enacted that all citizens and inhabitants of foederatae civitalis (q. v.) who at the date of the statute were domiciled in Italy should be qualified to obtain Roman citizenship on giving in their names to the praetor urbanus within sixty days ( Pro Archia, 4, 7).

PAPIRIA POETELIA. See Poetelia, below.

PAPIRIA TABELLARIA. See tabellariae leges.

PEDUCAEA (B.C. 114), a plebiscitum, seems to have been merely a privilegium relating to Vestal Virgins, and not a general law against incest.

PESULANIA provided that if an animal did any damage, the owner should make it good or give up the animal. There was a general provision to this effect in the Twelve Tables, and it might be inferred from Paulus that this law extended the provisions of the old law to dogs.

PETRĒIA, a law under this title, De Decimatiōne Milĭtum, in case of mutiny, is mentioned by Appian. See decimatio.

PETRONIA, probably passed in the reign of Augustus, and subsequently amended by various senatus consulta, forbade a master to deliver up his slave to fight with wild beasts. If, however, the master thought that his slave deserved such a punishment, he might take him before the authorities (iudex), who might condemn him to fight if he appeared to deserve it.

PINARIA related to the giving of a iudex within a limited time (Gaius, iv. 15).

PLAETORIA. See curator.

PLAUTIA or PLOTIA DE VI. See vis.

PLAUTIA or PLOTIA IUDICIARIA (B.C. 89) is mentioned by Asconius as having enacted that fifteen persons should be annually taken from each tribe to be placed in the list of iudices.

POETELIA (B.C. 358), a plebiscitum, and noted as the first law against ambitus. See ambitus.

POETELIA PAPIRIA (B.C. 326) made an important change in the liabilities of the nexi. See nexum.

POMPĒIAE. There were various leges so called:

Pompēia, proposed by Cn. Pompeins Strabo, the father of Cn. Pompeius Magnus , probably in his consulship (B.C. 89), gave the ius Latii or Latinitas to all the towns of the Transpadani, and probably the civitas to the Cispadani.

Pompēia de Ambĭtu. See ambitus.

Pompēia de Iure Magistratuum forbade a person to be a candidate for public offices (petitio honorum) who was not at Rome; but Iulius Caesar was excepted. This was, doubtless, the old law, but it had apparently become obsolete ( Iul. 28).

Pompēia Iudiciaria. See iudex.

Pompēia de Parricidiis. See Cornelia de Sicariis; parricidium.

Pompēia Tribunicia (B.C. 70) restored the old tribunicia potestas, which Sulla had nearly destroyed. See tribunus.

Pompēia de Vi was a privilegium, and only referred to the case of Milo (q.v.).

POPILIA. See Papia, above.

PORCIA DE CAPITE CIVIUM or DE PROVOCATIŌNE (B.C. 197) enacted that a Roman citizen should not be scourged or put to death.

PORCIA DE PROVINCIIS (about B.C. 198). The passage in Livy (Sumptus quos in cultum praetorum, etc.) is supposed to refer to a Porcian law, to which the plebiscitum de thermensibus refers; and the words quoted by Cicero (Ne quis emat mancipium) are taken, as it is conjectured, from this Porcian law.

PUBLICIA permitted betting at certain games which required strength, as running and leaping.

PUBLILIA DE SPONSŌRIBUS. See intercessio.

PUBLILIAE of the dictator Q. Publilius Philo , B.C. 339. See Publiliae Leges.

PUBLILIAE LEGES of the tribune Q. Volero Publilius, B.C. 472. See Publiliae Leges.

PUPIA (B.C. 224), mentioned by Cicero, seems to have enacted that the Senate could not meet on days when the Comitia were held.

QUINTIA was a law proposed by T. Quintius Crispinus, consul B.C. 9, and enacted by the populus for the preservation of the aqueducts.

REGIA. See Regia Lex.

REGIAE. See lex.

REPETUNDĀRUM. See 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 speaks of the wise laws of Rhodes and their admirable policy, especially in naval matters; and Cicero to the same effect. The Digest contains so much of the lex Rhodiorum as relates to iactus, or the throwing overboard of goods in order to save the vessel or remainder of the cargo. This lex Rhodiorum de Iactu is not a law in the proper sense of the term. See Schryver, Sur la Loi Rhodia de Iactu (Brussels, 1884).

ROSCIA THEATRĀLIS, 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 quattuordecim gradibus sive ordinibus) next to the place of the senators, which was in the orchestra. This law also assigned a certain place to spendthrifts (decoctores). The phrase, sedere in quattuordecim ordinibus, is equivalent to having the proper census equestris which was required by the law. There are numerous allusions to this law, which is sometimes simply called the law of Otho, or referred to by his name.

RUBRIA. The province of Gallia Cisalpina ceased to be a province, and became a part of Italia about the year B.C. 49 or 42. When this change took place, it was necessary to provide for the 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 law, the name of which is unknown, but a large part of it, on a bronze tablet, is preserved in the Museum at Parma. This law arranged the judiciary establishment of the former province, and appointed duo viri and quattuor viri iure dicundo; a praefectus Mutinensis is also mentioned in the law. In two passages of this law a lex Rubria is mentioned, which, according to some, is an earlier law, by which Mutina was made a praefectura; and, according to others, the lex Rubria is this very lex de Cisalpina. This subject is discussed by Savigny and by Puchta.

This law has been published several times; the text is lithographed in Ritschl's volume of inscriptions, i. taf. 32.

RUPILIAE LEGES (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 speaks of these regulations as a decretum of Rupilius, which, he says, they call lex Rupilia; but it was not a law proper. The powers given to the commissioners by the lex Iulia municipalis were of a similar kind.

SACRĀTAE, mentioned by Livy (ii. 33) and by Cicero (De Leg. ii. 7, 18). Leges were properly so called which had for their object to make a thing or person sacer. The consecratio was, in fact, the sanction by which a law was to be enforced. In the latter case, it was the opinion of the jurisconsults that the law did not make sacrosancti the persons for whose protection it was designed, but that it made sacer (sacrum sanxit) any one who injured them; and this interpretation is consistent with the terms of the law. An example of a lex sacrata is that making the tribunes of the people sacred (Livy, ii. 8).

A lex sacrata militaria is also mentioned by Livy.

SATŬ See lex.

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. The lex Iulia de adulteriis considered this offence as included in stuprum, and it was punishable with a fine; but by the later imperial constitution the punishment was death ( Domit. 8).

SCRIBONIA. The date and whole import of this law are not known; but it enacted that a right to servitutes should not be acquired by usucapion, from which it appears that the law was once different. See Servitus.

SEMPRONIA DE FENŎRE (B.C. 193) was a plebiscitum proposed by the tribune M. Sempronius, which enacted that the law (ius) about money lent (pecunia credita) should be the same for the Socii and Latini (Socii ac nomen Latinum) as for Roman citizens. The object of the law was to prevent Romans from lending money in the name of the Socii, who were not bound by the fenebres leges. The law could obviously only apply within the jurisdiction of Rome.

SEMPRONIAE. Various leges proposed by the Gracchi were so named. See agrariae leges.

Sempronia de Capĭte Civium, carried by C. Gracchus (B.C. 123), reaffirming the old principle that no judgment involving the life or freedom of a citizen should be valid without the assent of the Roman people (Gell.x. 3).

SERVILIA AGRARIA, proposed by the tribune P. Servilius Rullus in the consulship of Cicero (B.C. 63), was a very extensive agrarian law. It was successfully opposed by Cicero; but it was in substance carried by Caesar (B.C. 59), and is the law called by Cicero lex Campana, from the public land called Ager Campanus being assigned under this law.

SERVILIA GLAUCIA DE REPETUNDIS. See repetundae.

SILIA. The legis actio called condictio was established by this law in the case when the demand was a determinate sum of money (certa pecunia). See actio.

SULPICIAE, proposed by the tribune P. Sulpicius Galba, a supporter of Marius (B.C. 88), enacted the recall of the exiles, the distribution of the new citizens and the libertini among the thirty-five tribes, that the command in the Mithridatic War should be taken from Sulla and given to Marius, and that a senator should not contract debt to the amount of more than 2000 denarii ($100). The last enactment may have been intended to expel persons from the Senate who should get into debt. All these laws were repealed by Sulla.

SEMPRONIA (B.C. 304). No name is given to this law by Livy , but it was probably proposed by the consuls. It prevented the dedication of a temple or altar without the consent of the Senate or a majority of the tribunes.

SUMTUARIAE. See sumptuariae leges.

TABELLARIAE. See tabellariae leges.

TARPEIA ATERNIA. See Aternia Tarpeia, above.

TERENTILIA, proposed by the tribune C. Terentilius (B.C. 462) but not carried, was a rogatio which had for its object an amendment of the constitution, though in form it only attempted a limitation of the consular imperium. This rogatio probably led to the subsequent legislation of the Decemviri. See Twelve Tables.

TESTAMENTARIAE. Various laws, such as the Cornelia, Falcidia, Furia, and Voconia, regulated testamentary dispositions. See legatum; testamentum.

THORIA. The importance of this law requires that it should have a separate notice. See Thoria Lex.

TITIA. Similar in its provisions to the lex Publicia.

TITIA DE TUTŌRIBUS. See Iulia et Titia, above; and cf. Gaius, 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 (coöptare), but that the Comitia should be continued till the ten were elected.

TRIBUNICIA. See tribunus.

TULLIA DE LEGATIŌNE LIBĔRA. See legatus.

VALERIA HORATIA. See Plebiscitum.

VARIA. See maiestas.

VATINIA DE PROVINCIIS (B.C. 59) was the enactment by which Caesar obtained the province of Gallia Cisalpina with Illyricum for five years, to which the Senate added Gallia Transalpina. This plebiscitum was proposed by the tribune Vatinius. A Trebonia lex subsequently prolonged Caesar's imperium for five years.

VATINIA. See repetundae.

VATINIA DE COLŌNIS, under which the Latina Colonia (cf. Latinitas) of Novum-Comum in Gallia Cisalpina was planted, B.C. 59.

LEGES DE VI. See vis.

VICESIMARIA. See vectigalia.

VILLIA ANNĀLIS. See annales leges.

VISELLIA (A.D. 23) made a man liable to a criminal prosecution who, being a Latinus, assumed to exercise the rights of an ingenuus.

VOCONIA. See Voconia Lex.