Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
in Cicero’s time.[397] Elaborate commentaries were written on it by the
republican lawyer Aelius, and the imperial jurist Gaius, and by Labeo,
who stands at the meeting-point between the two _régimes_; and in the
sixth century A.D. Justinian, in the old age of the world, still respects
many of the provisions which date from the infancy of Roman legislation.
The Twelve Tables contained the “whole body of Roman law” (_corpus omnis
Romani juris_),[398] not in the sense that they were a complete and
detailed system, but in the sense that they pronounced on all important
or disputed points in all departments of law, private, criminal, and
public.
The ordinances of private law embraced regulations as to marriage and
family relations, testamentary disposition, inheritance, debt, and usury.
The marriage recognised was the consensual contract of the Plebeians
strengthened by _usus_. Emancipation was recognised as a consequence of
the threefold sale of a son, and a form of adoption, probably already
in use in the plebeian community, was thus made universal.[399] The law
also facilitated the emancipation of slaves who had purchased their
freedom and so helped to create the wealthy freedman class.[400] Perfect
freedom of testamentary disposition, in accordance with the plebeian
form of testament _per aes et libram_, was recognised; while in intestate
inheritance and in guardianship the rights of the _agnati_, common to the
Plebeians, were recognised as prior to those of the _gentiles_; sometimes
peculiar to the Patricians.[401] The freedom of contract, guaranteed
by the Tables, implied the old harsh law of debt; but the penalty was
defined, the procedure carefully described, and every loophole of escape
offered to the debtor.[402] At the same time usury was severely punished;
ten per cent (_unciarium fenus_) was recognised as the legal rate of
interest, and the usurer who exceeded it was punished more severely than
the thief and compelled to restore fourfold.[403] The rules of procedure
for all civil actions were laid down, such as the summons of parties and
witnesses and the length of the trial. But the law did not reveal the
forms of action; these were still hidden with the pontiffs.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account