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
remaining period of the existence of the commonwealth.
As long as the republic survived, the Twelve Tables formed the foundation
of the Roman law, though they were interpreted and enlarged by such new
enactments as the circumstances of the state demanded(298). Thus the _Lex
Aquilia_ and _Alinia_ were mere modifications of different heads of the
twelve tables. Most of the new laws were introduced in consequence of the
increase of empire and luxury, and the conflicting interests of the
various orders in the state. Laws, properly so called, were proposed by a
superior magistrate, as the Consul, Dictator, or Prætor, with consent of
the Senate; they were passed by the whole body of the people, patricians
and plebeians, assembled in the Comitia Centuriata, and bore ever after
the name of the proposer.
The _Plebiscita_ were enacted by the plebeians in the Comitia Tributa,
apart from the patricians, and independently of the sanction of the
Senate, at the _rogation_ of their own Tribunes, instead of one of the
superior magistrates. The patricians generally resisted these decrees, as
they were chiefly directed against the authority of the Senate, and the
privileges of the higher orders of the state. But, by the _Lex Horatia_,
the same weight and authority were given to them as to laws properly so
termed, and thenceforth they differed only in name, and the manner in
which they were enacted.
A _Senatusconsultum_ was an ordinance of the Senate on those points
concerning which it possessed exclusive authority; but rather referred to
matters of state, as the distribution of provinces, the application of
public money, and the like, than to the ordinary administration of
justice.
Public-domain text, read in full here on John Shaqi.
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