The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
of much good and much evil, and we do not mean to combat the view of
those who hold that the evil preponderated. But we must not forget
that--amidst the morality external certainly but stern and energetic,
and the powerful enkindling of public spirit, that were the genuine
characteristics of this period--these institutions remained exempt
as yet from any really base misuse; and if they were the chief
instruments in repressing individual freedom, they were also the means
by which the public spirit and the good old manners and order of the
Roman community were with might and main upheld.
Modifications in the Laws
Along with these changes a humanizing and modernizing tendency showed
itself slowly, but yet clearly enough, in the development of Roman
law. Most of the enactmerits of the Twelve Tables, which coincide with
the laws of Solon and therefore may with reason be considered as in
substance innovations, bear this character; such as the securing the
right of free association and the autonomy of the societies that
originated under it; the enactment that forbade the ploughing up of
boundary-balks; and the mitigation of the punishment of theft, so that
a thief not caught in the act might henceforth release himself from
the plaintiff's suit by payment of double compensation. The law of
debt was modified in a similar sense, but not till upwards of a
century afterwards, by the Poetelian law.(6) The right freely to
dispose of property, which according to the earliest Roman law was
accorded to the owner in his lifetime but in the case of death had
hitherto been conditional on the consent of the community, was
liberated from this restriction, inasmuch as the law of the Twelve
Tables or its interpretation assigned to the private testament the
same force as pertained to that confirmed in the curies. This was
an important step towards the breaking up of the clanships, and
towards the full carrying out of individual liberty in the disposal
of property. The fearfully absolute paternal power was restricted by
the enactment, that a son thrice sold by his father should not relapse
into his power, but should thenceforth be free; to which--by a legal
inference that, strictly viewed, was no doubt absurd--was soon
attached the possibility that a father might voluntarily divest
himself of dominion over his son by emancipation. In the law of
marriage civil marriage was permitted;(7) and although the full
marital power was associated as necessarily with a true civil as with
a true religious marriage, yet the permission of a connection instead
of marriage,(8) formed without that power, constituted a first step
towards relaxation of the full power of the husband. The first step
towards a legal enforcement of married life was the tax on old
bachelors (-aes uxorium-) with the introduction of which Camillus
began his public career as censor in 351.
Administration of Justice--
Code of Common Law--
New Judicial Functionaries
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