possessions, and very probably his observation applied to the Eastern Provinces alone.1 Gibbon has calculated (Decline and Fall, Chapter VI.) that the general income of the Roman Provinces could seldom have amounted, after the accession of Augustus, to less than fifteen or twenty millions of our money, while both Wenck and Guizot consider this estimate too low.

1 Πρὸς δε τούτοις έφραζε διὰ τῶν γραμμάτων, ὅτι πεντακισχίλιαι μὲν μυριάδες͵ ἐκ τῶν τελῶν ὑπηρχον, ἐκ δ ̓ ὧν αὐτὸς προσεκτήσατο τῇ πόλει, μυριάδας ὀκτακισχιλίας πεντακοσίας λαμβάνου Gy. Moreover, these expressions, if strictly interpreted, must mean that the sum of 340 millions of Sesterces (85 millions of drachmae) was added by Pompieus to the former revenue, not that the revenue was made up to that sum by his conquests.

Sacred Utensils, (see p. 391,) from the frieze of the temple of Jupiter Tonans at Rome.

REFERENCES TO CHAPTER VIII.

The Roman Revenues.-Marquardt, Röm. Staatsverwaltung, II. p. 149, sqq. Willems, Droit public Romain, p. 349, sqq.; 481, sqq. Madvig, Verfassung und Verwaltung, II. p. 346, sqq.

Tormentin, Quomodo praecipua vectigalia seu rei publicae seu imperii temporibus Rom. ordinata fuerint, 1877. Voigt, Ueber die staatsrechtliche possessio, &c., Leipzig, 1887.

Revenue derived from Land.-Mathias, Die röm. Grundsteuer und das Vectigalrecht, Erlangen, 1882.

Metalla, &c.-Hirschfeld, Untersuchungen, p. 72, sqq. Binder, Die Bergwerke im röm. Staatshaushalt, Laibach, 1880. Corpus Inscr. Lat., II. suppl., p. 793 (Lex metalli Vipascensis).

Portoria.-Humbert, Les douanes et octrois chez les Romains, Toulouse, 1867. Naquet, Des impôts indirects, &c., Paris, 1875. Cagnat, Étude historique sur les impôts indirects, &c., Paris, 1882.

Tributum.-Huschke, Ueber den Census und die Steuerverfassung der früheren röm. Kaiserzeit, Berlin, 1847. Zacharia von Lingenthal, Zur Kenntniss des röm. Steuerwesens in der Kaiserzeit, St. Petersburg, 1863. Robertus, Zur Geschichte der röm. Tributsteuern seit Augustus (Jahrb. für Nationalökonomie, IV. p. 342, sqq.; V. p. 135, sqq.; p. 241, sqq.; VIII. p. 81, sqq.; p. 385, sqq.); Stöber, Die röm. Grundsteuervermessungen, München, 1877.

sqq.

Vigesima Manumissionum.—Hirschfeld, Untersuchungen, I. p. 68, De la Menardière, De l'impôt du vingtième sur les affranchiments des esclaves, Poitiers, 1872. Vigié, Etudes sur les impôts indirects chez les Romains (Rev. génér. de droit, 1881, p. 101, sqq.).

Vigesima Hereditatium.-Bachofen, Ausgew. Lehren, p. 322, sqq., Bonn, 1848. Hirschfeld, Untersuchungen, I. p. 62, sqq. Cagnat, Etude historique, &c., p. 175, sqq. Catinelli, Imposta sulle successioni (Studie docum. di storia e diritto, VI. p. 273, sqq.).

Mode of Collecting the Revenue.-Xenopoulos, De societatum publicanorum Romanorum historia ac natura judiciali, Berolini, 1871. Cohn, De natura societatum juris Romani, quae publicae vocantur, Berolini, 1870; Zum röm. Vereinsrecht, p. 155, sqq., Berlin, 1873. Ledru, Des publicains et des sociétés vectigalium, Paris, 1876. Dietrich, Beiträge zur Kenntniss des röm. Steuerpächtersystems, Leipzig, 1877. Prasa, Essai sur les sociétés vectigaliennes, Montauban, 1884.

CHAPTER IX.

ROMAN LAW AND THE ADMINISTRATION OF JUSTICE.

It must not be supposed that we are now about to sketch even a faint outline of Roman Law considered as a science. To execute such an undertaking in a satisfactory manner would require the space of a large volume instead of a short chapter. Our object is very limited. We propose-In the first place, to name the different sources from which Roman Law was derived. In the second place, to advert very briefly to those portions of the national code, a certain acquaintance with which is absolutely indispensable before we can form a distinct idea of the political and social state of the people; and here we must confine ourselves to an exposition of the broad and simple principles recognised and understood by the community at large, without attempting to explain the complicated modifications and subtle refinements which were introduced by jurisconsults, especially under the empire. Lastly, to convey a general idea of the mode of procedure, both in civil suits and in criminal impeachments.1

It will be remembered that in chapter III. p. 110, we made a statement of the characteristic rights of Roman citizens and of the subdivisions of those rights. The Ius Suffragii and the Ius Honorum we have now discussed and illustrated as fully as our limits will permit; and in addition to what has been already said regarding the Ius Provocationis, some farther remarks will be made in the concluding portion of this chapter, when treating of criminal trials. As yet we have said nothing upon the Ius Connubii and the Ius Commercii, the former comprehending the relations existing between parents and children as well as between husbands and wives, the latter embracing the different modes in which property might be legally acquired, held, transferred and defended. These topics will now occupy our attention; but before entering upon any portion of the Civil Law, we must examine into the foundations on which it rested.

Signification of the word Ius.-Ius, when used in a general sense, answers to our word Law in its widest acceptation. It denotes, not one particular law nor collection of laws, but the entire body of principles, rules and statutes, whether written or unwritten, by which the public and the private rights, the duties and

1 The following works will be found highly useful to the student who may desire to examine closely into the topics touched upon in this chapter.-Corpus Iuris Civilis Anteiustiniani, edd. Boecking, Bethmann. Hollieg. &c. Bonn. 1835, &c.-Hugo, Lehrbuch d. Geschichted. Roemischen Rechts bis auf Iustinian, Berlin, 1832 (eleventh edition.)-Savigny. Geschichte d. Roemicshen Rechts im Mittelalter; the Das Recht des Besitzes, and, indeed all the writings of the same author.-Bethmann-Hollweg, Handbuch d. Civilprocesses, Bonn. 1834-Zimmern, Geschichte d. Roemischen Privatrechts, Heidelb. 1826-Rein, Das Roo mische Privatrecht und der Civilprocess, Leips. 1836.-Rein, Das Criminalrecht d. Roemer Leips, 1844.-Geib Geschichte d. Roemischen Criminalprocesses, Leips. 1842.

the obligations of men, as members of a community, are defined, inculcated, protected and enforced. Roman writers usually recognise a threefold division1. Ius Naturale-2. Ius Gentium-3. Ius Civile.

1. Ius Naturale, comprehending those duties which are acknowledged and performed by the great mass of mankind, whether civilized or barbarous. Such are, the union of the sexes in marriage or otherwise, the rearing of children, and the submission of the latter to their parents.

2. Ius Gentium, comprehending the principles of right and wrong, which are generally acknowledged and acted upon by all bodies of men who have attained to political organization—quod semper aequum et bonum est. Such are, the plain rules of honesty and equity, the importance of truth, the expediency and aecessity of adhering to treaties and compacts deliberately concluded.

For most practical purposes the Ius Naturae and the Ius Gentium may be included under one head, the latter being, in reality, included in the former, and thus Cicero (Tusc. I. 13) declares-Consensio omnium gentium LEX NATURAE putanda est. This will not, however, hold good universally; for, by the Ius Naturale all men enjoyed personal freedom, although the condition of slavery was recognised by all, or nearly all, the civilized nations of antiquity, and hence the remark of Florentinus (Dig. I. v. 4)-Servitus est CONSTITUTIO IURIS GENTIUM qua quis dominio alieno CONTRA NATURAM subiicitur.

3. Ius Civile, comprehending all the usages and laws which serve to regulate the internal administration of any particular community. Hence, when speaking of the Romans, Ius Civile denotes the whole body of Roman Law, from whatever source derived.1 The most important of these sources we shall now proceed briefly to enumerate.

I. Leges XII Tabularum.-Formal laws were enacted ander the kings, first in the Comitia Curiata, and subsequently in the Comitia Centuriata also, after the establishment of that assembly by Servius Tullius. A few fragments of these Leges Regiae, as they were termed, have been preserved by Livy and Dionysius. We have no reason, however, to suppose that any attempt was made to draw up and introduce a system which should establish general principles and rules of practice, binding upon all classes of the community, until the appointment of the ten commissioners-the Decemviri-for that special purpose, in B.C. 451, fifty-nine years after the expulsion of the kings. We have already had occasion to mention (p. 185) that the result of their labours was the farfamed Code of the XII Tables, which although necessarily brief and imperfect, was ever after regarued as the spring in which the ample and constantly increasing stream of Roman Law took its rise (fons omnis publici privatique iuris.) During the period of the republic it was committed to memory by every well educated youth, (Cic. de legg. I. 5. II. 4,) and was regarded with so much veneration that, after the lapse of two centuries and a-half, the most learned were unable to speak of the compilation without using the language of hyperbole― Bibliothecas mehercuie omnium philosophorum unus mihi videtur XII Tabu

1 See Gaius I. § 1. Ius Civile, as we shall point out below, is sometimes used by late writers in a restricted sense, to denote that particular source of Roman Law which was contained in the writings and opinions of celebrated jurists.

2 The Leges Regiae, published by Marlianus, are modern forgeries. With regard to the nature of the Ius Papirianum, said to have been a collection of the Leges Regiae, and to have been compiled during the reign of Traquinius Superbus, (Dionys. III. 36. Pompon. Digest. I. ii. 2. §2. 35,) we know nothing certain. We gather from the words of Paulus in the Digest (L. xvi. 144.) that it was commented on by Granius Flaccus, who was contemporary with Julius Cæsar. See Dirksen, Versuchen zur Kritik, &c. der Quellen des Roemischen Rechts. Leips. 1823.

larum libellus, si quis legum fontes et capita viderit, et auctoritatis pondere et utilitatis ubertate superare, (Cic. de Orat. I. 44,) and again (De R. IV. 8) -admiror nec rerum solum sed verborum etiam elegantiam.

The Leges XII Tabularum were doubtless derived in part from the earlier Leges Regiae, and in part from the laws of other states, (p. 186,) but must, in all probability, have been founded chiefly upon long established use and wont, the Ius Consuetudinis of Cicero, (De Inv. II. 22,) the Ius non scriptum of later writers, which, taking its rise in the tastes, habits and prejudices, as well as in the wants of a people, long precedes statutory enactments, and long serves as a guiding rule in young communities which work out their own civilization.

II. Leges Curiatae.-Laws passed in the Comitia Curiata. These can scarcely be accounted as a source of Roman Law after the establishment of the republic, or, at all events, after the introduction of the Decemviral Code.

III. Leges Centuriatae.-Laws passed in the Comitia Centuriata. These, from the first, were binding upon all orders in the state, and formed, during the republic one of the chief sources of Law.

IV. Leges Tributae s. Plebiscita.-Laws passed in the Comitia Tributa. These were, originally, binding upon the Plebeians alone; but after the passing of the Lex Valeria Horatia, in B.C. 449, confirmed and extended by the Lex Publilia, in B.C. 339, and by the Lex Hortensia, in B.C. 286, they possessed the same efficacy as the Leges Centuriatae. See the details given in p. 156.

V. Senatus-Consulta.—It was a subject of controversy among the jurists of the empire whether, even at that period, a decree of the Senate could be regarded as a law, (Gaius I. § 4. See above, pp. 257. 261.) and according to the theory of the constitution, it certainly could not. But in practice, even under the republic, although a decree of the Senate could not overturn any existing law, it was regarded as possessing the force of a law (legis vicem obtinet) in matters not provided for by an existing law.

VI. Edicta Magistratuum.—The higher magistrates, such as the Consuls, Praetors, Aediles, Quaestors, Censors, as well as the Provincial Governors and the Pontifices, were in the habit of publishing Edicta or public notices, with reference to the jurisdiction conferred by their respective offices; and these notices or proclamations constituted what was termed Ius Honorarium. The magistrates could in no sense be regarded as lawgivers; but those portions of their edicts which were adopted in the practice of the courts acquired, in process of time, the force of laws. By far the most important were the Edicta Praetorum, especially of the Praetor Urbanus, to whom was committed the control over civil suits. From an early period it became customary for the Praetor Urbanus, when he entered upon office, to put forth an Edictum, in which he stated the forms to which he would adhere in the administration of justice, and, at the same time, took occasion to explain or supply any details connected with the ordinary course of procedure, with the application of the laws, and with previous decisions which appeared obscure or imperfect.

The Edict of the Praetor Urbanus, from being published regularly every year, was styled Edictum Perpetuum or Lex Annua, in contradistinction to an Edict referring to some special occurrence, termed Edictum Repentinum. These Edicta Perpetua being carefully preserved, began, in process of time, to be regarded as a source of law, in so far as its interpretation was concerned; and in the days of Cicero the Ius Praetorium was studied by youths along with the XII Tables. It was not uncommon for a Praetor to include in his Edict passages borrowed from