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LEX

Volume 11 · 643 words · 1815 Edition

LAW. See LAW.—The Roman laws were of three kinds: 1st, Such as were made by their kings. 2d, The laws of the twelve tables brought by the Decemviri from Athens, &c. And, 3. Such as were proposed by the superior magistrates in the times of the republic. The laws of this last class were enacted in the following manner.

No law could be proposed but by some of the following magistrates, viz. the praetor, the consuls, the dictator, the interrex, the decemviri, the military tribunes, triumviri, and tribunices of the people. If any of these proposed a law, it was first committed to writing, and privately examined as to its utility and probable consequences, by some persons well qualified for the task; sometimes it was referred to the whole senate for their sentiments. It was then hung up publicly for three market days, that all the people might have time to examine it, and consider its tendency: This was called legis promulgatio, quasi promulgatio. If the person who framed the bill did not see cause in the mean time to drop it, the people were convened in comitia, and he addressed them in an oration, being also seconded by his friends, setting forth the expediency and probable utility of such a law: This was called rogatio legis, because the address was always prefaced with this petitionary form of words, Velitis jubeatis, Quirites? "Will you, O Romans, consent and order this law to pass?" This being done, those that disliked the motion delivered their sentiments in opposition to it. An urn was then brought to certain priests who attended upon the occasion, into which were cast the names of the tribes, centuries, or curiae, as the comitia happened to be tributa, centuriata, or curiata. The names were shaken together; and the first-drawn tribe or century was called prerogativa, because their suffrages were first taken. The curia that was first drawn was called principium for the same reason. The other tribes, centuries, &c. were called tribus jure vocatae, centuriae jure vocatae, &c.

Matters being in this situation, the veto or negative voice of the tribunes of the people might put an entire end to the proceedings, and dissolve the assembly. The tribune's interference was called intercessio. The consul also had it in his power to stop further proceedings, by commanding any of the holidays called feriae imperativae to be observed. The comitia would of course be dissolved also by any of the persons present being seized with the falling sickness, or upon the appearance of any unlucky omen. But supposing the business to meet with no interruption of this sort, the people were each of them presented with two tablets, on one of which was written in large characters A, on the other U. R. Their disapprobation of the bill was expressed by throwing into an urn the tablet inscribed A, signifying "I forbid it;" antiquo, "I prefer the old." Their assent was signified by throwing in the tablet marked U. R. i.e. uti roges, "be it as you desire." According to the majority of these tablets the law passed or not. If it passed, it was written upon record, and carried into the treasury; this was called legem ferre. Afterwards it was engraved upon plates of brass, and hung up in the most public and conspicuous places: this was termed legem figere, and a future repeal of this law was legem refgere.

If a law passed in the comitia curiata, it was called lex curiata; if in the comitia centuriata, it had the name of lex centuriata; but if it passed in the comitia tributa, it was termed plebiscitum. The laws, too, generally bore the names of the proposers, as lex Aelia, lex Fufia, &c.

Romulus used to make laws by his own single authority, but succeeding kings sought the approbation of the people.