The History of Rome, Book II eBook

This eBook from the Gutenberg Project consists of approximately 375 pages of information about The History of Rome, Book II.

The History of Rome, Book II eBook

This eBook from the Gutenberg Project consists of approximately 375 pages of information about The History of Rome, Book II.

44.  This earliest boundary is probably indicated by the two small townships -Ad fines-, of which one lay north of Arezzo on the road to Florence, the second on the coast not far from Leghorn.  Somewhat further to the south of the latter, the brook and valley of Vada are still called -Fiume della fine-, -Valle della fine- (Targioni Tozzetti, Viaggj, iv. 430).

45.  In strict official language, indeed, this was not the case.  The fullest designation of the Italians occurs in the agrarian law of 643, line 21; -[ceivis] Romanus sociumve nominisve Latini, quibus ex formula togatorum [milites in terra Italia imperare solent]-; in like manner at the 29th line of the same -peregrinus- is distinguished from the -Latinus-, and in the decree of the senate as to the Bacchanalia in 568 the expression is used:  -ne quis ceivis Romanus neve nominis Latini neve socium quisquam-.  But in common use very frequently the second or third of these three subdivisions is omitted, and along with the Romans sometimes only those Latini nominis are mentioned, sometimes only the -socii- (Weissenborn on Liv. xxii. 50, 6), while there is no difference in the meaning.  The designation -homines nominis Latini ac socii Italici- (Sallust.  Jug. 40), correct as it is in itself, is foreign to the official -usus loquendi, which knows -Italia-, but not -Italici-.

CHAPTER VIII

Law, Religion, Military System, Economic Condition, Nationality

Development of Law

In the development which law underwent during this period within the Roman community, probably the most important material innovation was that peculiar control which the community itself, and in a subordinate degree its office-bearers, began to exercise over the manners and habits of the individual burgesses.  The germ of it is to be sought in the right of the magistrate to inflict property-fines (-multae-) for offences against order.(1) In the case of all fines of more than two sheep and thirty oxen or, after the cattle-fines had been by the decree of the people in 324 commuted into money, of more than 3020 libral -asses- (30 pounds), the decision soon after the expulsion of the kings passed by way of appeal into the hands of the community;(2) and thus procedure by fine acquired an importance which it was far from originally possessing.  Under the vague category of offences against order men might include any accusations they pleased, and by the higher grades in the scale of fines they might accomplish whatever they desired.  The dangerous character of such arbitrary procedure was brought to light rather than obviated by the mitigating proviso, that these property-fines, where they were not fixed by law at a definite sum, should not amount to half the estate belonging to the person fined.  To this class belonged the police-laws, which from the earliest times were especially abundant in the Roman community. 

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The History of Rome, Book II from Project Gutenberg. Public domain.