History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
The laws of the first six kings of Rome, called the _Leges Regiæ_, chiefly
related to sacred subjects,—regulations of police,—divisions of the
different orders in the state,—and privileges of the people. Tarquinius
Superbus having laid a plan for the establishment of despotism at Rome,
attempted to abolish every law of his predecessors which imposed control
on the royal prerogative. About the time of his expulsion(294), the Senate
and people, believing that the disregard of the laws was occasioned by
their never having been reduced in writing, determined to have them
assembled and recorded in one volume; and this task was intrusted by them
to Sextus Papyrius, a patrician. Papyrius accordingly collected, with
great assiduity, all the laws of the monarchs who had governed Rome
previously to the time of Tarquin. This collection, which is sometimes
called the _Leges Regiæ_, and sometimes the Papyrian Code, did not obtain
that confirmation and permanence which might have been expected. Many of
the _Leges Regiæ_ were the result of momentary emergencies, and
inapplicable to future circumstances. Being the ordinances, too, of a
detested race, and being in some respects but ill adapted to the genius
and temper of a republican government, a great number of them soon fell
into desuetude(295). The new laws promulgated immediately after the
expulsion of the kings, related more to those constitutional modifications
which were rendered necessary by so important a revolution, than to the
civil rights of the citizen. In consequence of the dissensions of the
patricians and plebeians, every _Senatusconsultum_ proceeding from the
deliberations of the Senate was negatived by the _veto_ of the Tribunes,
while the Senate, in return, disowned the authority of the _Plebiscita_,
and denied the right of the Tribunes to propose laws. There was thus a
sort of legal interregnum at Rome; at least, there were no fixed rules to
which all classes were equally subjected: and the great body of the people
were too often the victims of the pride of the patricians and tyranny of
the consular government. In this situation, C. Terentius Arsa brought
forward the law known by the name of _Terentilla_, of which the object was
the election by the people of ten persons, who should compose and arrange
a body of laws for the administration of public affairs, as well as
decision of the civil rights of individuals according to established
rules. The Senate, who maintained that the dispensation of justice was
solely vested in the supreme magistrates, contrived, for five years, to
postpone execution of this salutary measure; but it was at length agreed,
that, as a preparatory step, and before the creation of the Decemvirs, who
were to form this code, three deputies should be sent to Greece, and the
Greek towns of Italy, to select such enactments as they might consider
best adapted to the manners and customs of the Roman people.
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