ROMAN LAW. The historical origin of the Roman law is unknown, and its fundamental principles, seine of which even survived the legislation of Justinian, are older than the oldest records of Italian history. The foundation of the strict rules of the Roman law as to familia, agnatio, marriage, testaments, succession to intestates, and ownership, was no doubt custom, which, being recognised by the sovereign power, became law. As in many other states of antiquity, the connection of the civil with the ecclesiastical or sacred law was most intimate ; or rather, we may consider the law of religion as originally comprehending all other law, and its interpretation as belong ing to the priests and the king exclusively. There was, however, direct legislation even in the period of the kings. These laws, which are mentioned under the name of Legee Regis, were proposed by the kiug, with the approbation of the senate, and confirmed by the populus in the Comitia Curiata, and, after the constitution of Servius Tullius, in the Comitia Centuriata. That there were remains of this ancient legislation existing even in the Imperial period, is certain, as appears from the notice of the Jun Civile Papirianum or Papisianum, which the Pontifcx Maximus Papirius is said to have compiled from these sources, about or immediately after the expulsion of Tarquiniva Superlrus (' Dig.; i., tit. 2), and from the distinct references to these Lego. made by lato writers. Still there is great uncertaiuty as to the exact date of the compilation of Papirius, and its real character. Even his name is not quite certain, as he is variously called Calus, Sextus, and Publius. (Dion. Hal., iii. 36 ; Dig.; i., tit. 2.) But the earliest legislation of which we have any important remains is the compilation of the code called the Twelve Tables. The original bronze tables indeed are said to have perished in the conflagration of tho city after its capture by the Gauls, but they were satisfactorily restored from copies and from memory, for no ancient writer who cites them ever expresses a doubt as to the genuineness of their con tent... It is the tradition that a commission was sent to Adieus and
the Greek states of Italy, for the purpose of examining into and collect ing what was most useful In their codes ; and it is also said that Her r:Mores of Ephesus, then an exile in Rome, gave his assistance in the compilation of the code. There is nothing improbablo in this story, and yet it Is undeniable that the laws of the Tables were based on Roman and nut on Greek or Athenian law. Their object was to con firm and define perhaps rather than to enlarge or alter the Roman law; and it is probable that the laws of Solon and those of other Greek states, If they had any effect on the legislation of the Decemviri, served rather as models of forum than as sources of positive rules.
Ten tables were completed and made public by the Decemviri, in sae. 451, and In the following year two other tables were added. Thin compilation I. quoted by the ancient writers by various titles : Lex XII. Tabularinn, Lagos XII., sometimes XII. simply (Cie.,' Legg.; ii. 23), Lex Decemvimlis, and others. The rules contained in theme able long continued to be the foundation of Roman law, and they avers never formally repealod. The laws themselves were considered res a text-book, and they were commented on by the jurists as late as the age of the Antonines, when Gains wrote a commentary on them in six books (' Ad Legem XII. Tabularum ' ). The actious of the old [Imam law, called Legitiune, or Legis Aetiones, were founded on the previsions of the Twelve Tables, and the demand of the complainant could only be made in the precise terms which were used in the Tables. (Gains, iv. 11.) The rights of action were consequently very limited, and they were only eubsequently extended by the edicts of the preterit The brevity and obscurity of this ancient legislation reudered interpretation necessary in order to give the laws any application ; and both the interpretation of the laws and the framing of the proper forms of action belonged to the College of Pontificea, who yearly appointed a member of their own body to decide in all doubtful cases.