Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
Acts which caused damage to another opened a new class of cases. The
law obliged the wrong-doer to make reparation, and this responsibility
extended to damages arising not only from positive acts, but from
negligence or imprudence. In cases of libel or slander, the truth of the
allegation might be pleaded in justification. In all cases it was
necessary to show that an injury had been committed maliciously; but if
damage arose in the exercise of a right, as killing a slave in
self-defence, no claim for reparation could be maintained. If any one
exercised a profession or trade for which he was not qualified, he was
liable to all the damage his want of skill or knowledge might
occasion,--a provision that some of our modern laws might advantageously
revive. When any damage was done by a slave or an animal, the owner of
the same was liable for the loss, though the mischief was done without
his knowledge and against his will. If anything was thrown from a window
giving on the public thoroughfare so as to injure any one by the fall,
the occupier was bound to repair the damage, though done by a stranger.
Legal claims might be transferred to a third person by sale, exchange,
or donation; but to prevent speculators from purchasing debts at low
prices, it was ordered that the assignee should not be entitled to exact
from the debtor more than he himself had paid to acquire the debt, with
interest,--a wise and just regulation.
By the ancient constitution, the king had the prerogative of
determining civil causes. The right then devolved on the consuls,
afterward on the praetor, and in certain cases on the curule and
plebeian ediles, who were charged with the internal police of the city.
The praetor, a magistrate next in dignity to the consuls, acted as
supreme judge of the civil courts, assisted by a council of
jurisconsults to determine questions in law. At first one praetor was
sufficient, but as the limits of the city and empire extended, he was
joined by a colleague. After the conquest of Sicily, Sardinia, and the
two Spains, new praetors were appointed to administer justice in the
provinces. The praetor held his court in the comitium, wore a robe
bordered with purple, sat in a curule chair, and was attended
by lictors.
Public-domain text, read in full here on John Shaqi.
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