Gradually there would arise the idea of proportionate punishment, of which the characteristic type is the lex talionis, 1 " an eye for an eye."
The qualifications for the office were fixed in each town by a special law for that community (lex municipalis).
AULUS GABINIUS, Roman statesman and general, and supporter of Pompey, a prominent figure in the later days of the Roman republic. In 67 B.C., when tribune of the people, he brought forward the famous law (Lex Gabinia) conferring upon Pompey the command in the war against the Mediterranean pirates, with extensive powers which gave him absolute control over that sea and the coasts for 50 m.
It is state-law; alike self-help, blood-feud, marriage by capture, are absent; though family solidarity, district responsibility, ordeal, the lex talionis, are primitive features that remain.
In the criminal law the ruling principle was the lex talionis.
Both jus naturale and lex naturalis are as early as Cicero, and the jus gentium of the Roman lawyers is earlier still.
It was probably the lex Valeria of 300 B.C. that made him subject to the right of criminal appeal (provocatio) within the limits of the city.
After the nomination, the imperium of the dictator was confirmed by a lex curiata.
(I) Leges Wisigothorum, (2) Lex Burgundionum, (3) Pactus Alamannorum and Lex Alamannorum, (4) Lex Bajuvariorum, (5) Lex Saxonum, (6) Lex Frisionum, (7) Lex Angliorum et Werinorum, hoc est, Thuringorum, and (8) Leges Langobardorum.
A recension of this code of Recceswinth was made in 681 by King Erwig (680-687), and is known as the Lex Wisigothorum renovata; and, finally, some additamenta were made by Egica (687-702).
This law bears the title of Liber Constitutionum, which shows that it emanated from the king; it is also known as the Lex Gundobada or Lex Gombata.
For cases between Romans, however, Gundobald compiled the Lex Romana Burgundionum, called sometimes, through a misreading of the MSS., the Liber Papiani or simply Papianus.
The vehement protest made in the 9th century by Agobard, bishop of Lyons, against the Lex Gundobada shows that it was still in use at that period.
The text of the Lex Burgundionum has been published by F.
The later text, known as the Lex Alamannorum, dates from a period when Alamannia was independent under national dukes, but recognized the theoretical suzerainty of the Frankish kings.
There is an edition of the Lex Bajuvariorum by J.
The Lex Saxonum has come down to us in two MSS.
The Lex Saxonum apparently dates from 803, since it contains provisions which are in the Capitulare legi Ribuariae additum of that year.
In addition to the common treasury, supported by the general taxes and charged with the ordinary expenditure, there was a special reserve fund, also in the temple of Saturn, the aerarium sanctum (or sanctius), probably originally consisting _of the spoils of war, afterwards maintained chiefly by a 5% tax on the value of all manumitted slaves, this source of revenue being established by a lex Manlia in 357.
By the lex Aurelia (70 B.C.) the list of judices was composed, in addition to senators and equites, of tribuni aerarii.
They were to be elected for five years by seventeen of the tribes chosen by lot from the thirty-five; the imperium was to be conferred upon them by the lex curiata, together with judicial powers and the rank of praetor.
Although Caesar could hardly have expected the bill to pass, the aristocratic party would be saddled with the odium of rejecting a popular measure, and the people themselves would be more ready to welcome a proposal by Caesar himself, an expectation fulfilled by the passing of the lex Julia in 59, whereby Caesar at least partly succeeded where Rullus had failed.
In 278 B.C., or possibly in 282 B.C., probably in order to detach it from Tarentum, the Romans made a special treaty with Heraclea, on such favourable terms that in 89 B.C. the Roman citizenship given to the inhabitants by the Lex Plautia Papiria was only accepted after considerable hesitation.
As a consequence of its having accepted Roman citizenship, it became a municipium; part of a copy of the Lex Iulia Municipalis of 46 B.C. (engraved on the back of two bronze tablets, on the front of which is a Greek inscription of the 3rd century B.C. defining the boundaries of lands belonging to various temples), which was found between Heraclea and Metapontum, is of the highest importance for our knowledge of that law.
This extra-legal sort of manumission was incomplete and precarious; even after the lex Junia Norbana (A.D.
The lex Aelia Sentia (about A.D.
3) forbade manumission, except in strictly limited cases, by masters under 20 years of age or of slaves under 30; and the lex Furia Caninia (about A.D.
Already in the time of Nero the magistrates had been ordered to receive the slave's complaint of ill-treatment; and the lex Petronia, belonging to the same or an earlier period, forbade masters to hand over their slaves to combats with wild beasts.
On the Tabula Peutingeriana appear the "Chamavi qui et Pranci," which should doubtless read " qui et Franci "; these Chamavi apparently dwelt between the Yssel and the Ems. Later, we find them a little farther south, on the banks of the Rhine, in the district called Hamalant, and it is their customs which were brought together in the 9th century in the document known as the Lex Francorum Chamavorum.
By the lex Sempronia (123 B.C.) the list was to be drawn from persons of free birth over thirty years of age, who must possess the equestrian census, and must not be senators.
It is probable that certain privileges of the equites were due to Gracchus; that of wearing the gold ring, hitherto reserved for senators; that of special seats in the theatre, subsequently withdrawn (probably by Sulla) and restored by the lex Othonis (67 B.C.); the narrow band of purple on the tunic as distinguished from the broad band worn by the senators.
This last conception lay beyond the horizon of Caesar, as of all ancient statesmen, but his first act on gaining control of Italy was to enfranchise the Transpadanes, whose claims he had consistently advocated, and in 45 B.C. he passed the Lex Julia Municipalis, an act of which considerable fragments are inscribed on two bronze tables found at Heraclea near Tarentum.3 This law deals inter alia with the police and the sanitary arrangements of the city of Rome, and hence it has been argued by Mommsen that it was Caesar's intention to reduce Rome to the level of a municipal town.
Caesar made no far-reaching modifications in the government of the city, such as were afterwards carried out by Augustus, and the presence in the Lex Julia Municipalis of the clauses referred to is an example of the common process of "tacking" (legislation per saturam, as it was called by the Romans).
It was now taught that prophecy in general was a peculiarity of the Old Testament ("lex et prophetae usque ad Johannem"); that in the new covenant God had spoken only through apostles; that the whole word of God so far as binding on the Church was contained in the apostolic record - the New Testament; 2 and that, consequently, the Church neither required nor could acknowledge new revelations, or even instructions, through prophets.
His censorship - which he retained for five years, in spite of the lex Aemilia which limited the tenure of that office to eighteen months - was remarkable for the actual or attempted achievement of several great constitutional changes.
In the Cluniac circle was coined the principle: Canonica auctoritas Dei lex est, canon law being taken in the Pseudo-Isidorian sense.
Mention may also be made of his Elementary Greek Accidence and Lex Rex, a list of cognate words in Greek, Latin and English.
The last mention of a lex agraria in Roman history is connected with his name, though how far the measure was strictly speaking a law is uncertain.
Under the provisions of this lex, large tracts of land were bought up and allotted to poor citizens.
The lex parieti faciundo, an interesting inscription of 105 B.C. relating to some building works in front of the temple of Serapis, shows that Puteoli had considerable administrative independence, including the right to date such a public document by the names of its own magistrates.
Agitation in the imperial parliament stopped government action, but the publicity of the finding of the privy council warned all concerned against the risk of neglecting the common law of the empire whenever they were not prepared to follow the lex loci contractus.
The saying lex orandi lex credendi is true of all times and of all peoples.