The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
The laws of the Twelve Tables were the basis of all the laws, civil and
religious. But the edicts of the praetors, who were the great equity
judges, as well as the common-law magistrates, [Footnote: Maine's
_Ancient Law_, p. 67.] proclaimed certain changes which custom and
the practice of the courts had introduced, and these, added to the
_leges populi_ or laws proposed by the consul and passed by the
centuries, the _plebiscita_ or laws proposed by the tribunes and
passed by the tribes, and the _senatus consulta_, gradually swelled
the laws to a great number. Three thousand plates of brass, containing
these various laws, were deposited in the capitol. [Footnote: Suetonius,
_In Vespa_.] Subtleties and fictions were introduced by the lawyers
to defeat the written statutes, and jurisprudence became complicated,
even in the time of Cicero. The opinions of eminent lawyers were even
adopted by the legal profession, and were recognized by the courts. The
evils of a complicated jurisprudence were so evident in the seventh
century of the city, that Q. Mucius Scaevola, a great lawyer, when
consul, published a scientific elaboration of the civil law. Cicero
studied law under him, and his contemporaries, Alfenus Varus and Aeulius
Gallus, wrote learned treatises, from which extracts appear in the
Digest. Caesar contemplated a complete revision of the laws, but did not
live long enough to carry out his intentions. His legislation, so far as
he directed his mind to it, was very just. Among other laws was one
which ordained that creditors should accept lands as payment for their
outstanding debts, according to the value determined by commissioners.
In his time, the relative value of money had changed, and was greatly
diminished. The most important law of Augustus, was the _lex oelia
sentia_, deserving of all praise, which related to the manumission of
slaves. But he did not interfere with the social relations of the people
after he had deprived them of political liberty. He once attempted, by
his _Lex Julia et Papia Poppaea_, to counteract the custom which
then prevailed, of abstaining from legal marriage and substituting
concubinage instead, by which the free population declined; but this
attempt to improve the morals of the people met with such opposition
from the tribes or centuries, that the next emperor abolished popular
assemblies altogether, which Augustus feared to do. The Senate, in the
time of the emperors, composed chiefly of lawyers and magistrates, and
entirely dependent upon them, became the great fountain of law. By the
original constitution, the people were the source of power, and the
Senate merely gave or refused its approbation to the laws proposed, but
under the emperors the comitia disappeared, and the Senate passed
decrees, which have the force of laws, subject to the veto of the
emperor. It was not until the time of Septimus Severus and Caracalla,
that the legislative action of the Senate ceased, and the edicts and
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