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.

Among the sciences, that of jurisprudence acquired an invaluable basis through the committing to writing of the laws of the city in the years 303, 304.  This code, known under the name of the Twelve Tables, is perhaps the oldest Roman document that deserves the name of a book.  The nucleus of the so-called -leges regiae- was probably not much more recent.  These were certain precepts chiefly of a ritual nature, which rested upon traditional usage, and were probably promulgated to the general public under the form of royal enactments by the college of pontifices, which was entitled not to legislate but to point out the law.  Moreover it may be presumed that from the commencement of this period the more important decrees of the senate at any rate—­if not those of the people—­were regularly recorded in writing; for already in the earliest conflicts between the orders disputes took place as to their preservation.(24)

Opinions—­
Table of Formulae for Actions

While the mass of written legal documents thus increased, the foundations of jurisprudence in the proper sense were also firmly laid.  It was necessary that both the magistrates who were annually changed and the jurymen taken from the people should be enabled to resort to men of skill, who were acquainted with the course of law and knew how to suggest a decision accordant with precedents or, in the absence of these, resting on reasonable grounds.  The pontifices who were wont to be consulted by the people regarding court-days and on all questions of difficulty and of legal observance relating to the worship of the gods, delivered also, when asked, counsels and opinions on other points of law, and thus developed in the bosom of their college that tradition which formed the basis of Roman private law, more especially the formulae of action proper for each particular case.  A table of formulae which embraced all these actions, along with a calendar which specified the court-days, was published to the people about 450 by Appius Claudius or by his clerk, Gnaeus Flavius.  This attempt, however, to give formal shape to a science, that as yet hardly recognized itself, stood for a long time completely isolated.

That the knowledge of law and the setting it forth were even now a means of recommendation to the people and of attaining offices of state, may be readily conceived, although the story, that the first plebeian pontifex Publius Sempronius Sophus (consul 450), and the first plebeian pontifex maximus Tiberius Coruncanius (consul 474), were indebted for these priestly honours to their knowledge of law, is probably rather a conjecture of posterity than a statement of tradition.

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