Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

6(82 LEX. LEX.
but this definition, as Gellius observes, will nlot effected at thle Culitia Curiata (Iler plolmli i'oau.
apply to such ca.ses as the Lex about the Tinpe- tionzei), is preserved by Gellius (v. 19): it begins
rinim of Pompelhis, or that about the return of with tile words " Velitis, jubeatis, &c.," and ends
Cicero, which related only to individuals, and were with the words " ita vos Quirites rogo." The
properly called Privilegia. corresponding expression of assent to the Rogatio
Of Roman Leges, viewed with reference to the on the part of the sovereign assembly was, Uti
mode of enactment, there were properly two kinds, Rogas. The rejection of a Rogatio is expressed by
Leges Curiatae and Leges Centuriatae. Plebiscita Antiquare Ro gationem. (Liv. xxxi. 6.) Tl'he term
are improperly called Leges, thoiugh they were Rogatio therefiore incluided every proposed Les,
La ws, and ill the course of time had the samne Plebiscitum, mad Privilegium. foIr without a Rogatio
effect as Leges. there could be ilo conmlland (.jusssslum) of the PoptuOriginally the Leges Curiatae were the only lus or Plebs. But the words lex, Plebiscituni,
Leges, and they were passed by the populus ini and Privilegium were often improperly used to exthe Comitia Curiata. After the establishment of press laws (Gell. x. 20); and Rogationes, after they
the Comitia Centuriata, the Comitia Curiata fell had becomne laws, were still sometimes called Rogaalmost into disuse; but so lona as the Republic tiones. The term Rogationes is often applied to
lasted, and even under Augustus, a shadow of the measures proposed by the Tribunes, and afterwards
old constitution was preserved inl the formal con- made Plebiscita: hence some writers (improperly)
ferring of the Imperium by a Lex Curiata only, view Rogatio as simply equivalent to Plebiscitulni.
and in the ceremony of adrogation being effected Besides the phrase " rogare legem," there are the
only in these Comitia. [ADOPTIO.] phrases " legenr ferre," to propose a lex, and " roThose Leges, properly so called, with which we gationem promulgare," to give public notice of the
are acquainted, were passed in the Comitia Centu- contents of a Lex which it was intended to proriata, and were proposed (rogabtantzr) by a mna- pose; the phrase " rogationem accipere " applies to
gistratuis of senatorial rank. Such a Lex was also the enacting body. " Lex Rogata " is equivalenlt
designated by the name Pop)uli Scitnu. (Festus, to " Lex Late." Legem perferre and Lex perlata
s. V. Seitum Pop.) As to the functions of the apply to a Rogatio when it has become a Lex.
Senate in legislation, see AUCTOR anrd SENATUS. (Dig. 35. tit. 2. s. I. Ad legelte Ftlckicoam.) The
A Plebiscitum was a law made in the Comitia terms relating to legislation are thus explained by
Tributa, on the rogation of a Tribune: " Plebis- Ulpiani (tit. 1. s. 3):-" A Lex is said either
citum est quod plebs plebeio magistratu inlterro- roogr-i or ferri; it is said abrogari, when it is regante, veliiti Tribune, constituebat." (Inst. i. pealed; it is said deroyari, when a part is retit. 2. s. 4.) " Accordingly," says Gais (i. 3), pealed; it is said sobrogari, when some addition
"formerly the patricii used to say that they were is made to it; and it is said ohlrogari, when some
not bound by Plebiscita, because they were lmade part of it is chasnged." A subsequenllt lex repealed
without their sanction (sine auctoritate eoruml); or altered a prior lex which was inconsistent with
but afterwards the Lex Hortensia was carried it. It appears to have been also a principle amonlg
(B. C. 288), which provided that Plebiscita should the Romans that a Law by long desuetiude became
bind the whole populus (in the larger sense of the of no effect. (Comp. Liv. xxi. 63, and Cic. in
word), and thus they were made of equal force Verr. v. 18.)
with Leges." (Liv. viii. 12; Gell. xv. 27; LEGES As to their formn, we CaI1 judge of the oItsman
PUBLLICAE.) style of legislatioll by the firagments which exist.
When the Comitia Tributa were put onl tle Thile Romans seem to have alwvays adhlered to the
samle footing as the Centuriata, the naimlie Lex was old expressions, and to have used fetw superfluous
iapplied also to Plebiscita, and thus Lex becamle a words. Great cre was taken with such clauses as
generic termi, to which was sollmetiimes added the were proposed to alter a former lex, and great care
specifi designation, as Lex Plebeivescitum, Lox was also used to avoid all interference with a
sive Plebiscitnm cest [PLs:sBISCITUm]. former lex, wlha1n no change in it was inltendeed.
Cicero, inl his enumeration of thle soulrces of Tlhe Legesvere often divided into chapters (clpita).
Roman law (lop. 5), does not msientioii Plebis- (See the tablet of the Ioex de Gallia Cisalpinal
cita, whicl lie undoubtedly comprehended under and Cic. l Ad /tt. iii. 23.) The Lex wavs ciut
"leges." Various Plebiscita are quoted as leges, on bronze (aes) uad cdeposited onl tle Aeraritimll.
such as the Lex Falcidia (Gaius, ii. 227) and Lex (Sueton. CGues. 28; Plutarch, C'cl. Mlins. 17.) ProAquilia. (Cic. pro Tillio, 8. 11.) In tile Table of bably the fixinlg of a Lex in a pilublic place was
Iteraclea the words " lege pleobisvescito" appearlr generally ollly ftor a tilme. (Cic. ad iltt. xiv.
to refer to the same enactment; and in the Les 12.) The title of the lex was geanerlilly derived
lRubria there occturs the phrase " ex lege Rubria froml the gentile name of the mIllgi.stratuls who prosive id plebiscitumll est." (Savigny, Zeitsclhiift, &c. posed it, as time Lex Hortensia from the dictator
vol. ix. p. 355.) llortensius. Someties ties t lex tok its name
The word Rogatio (froi thle verb roqo) properly firom the two consuis or othier magistrates, as the
meatls any mleasulre proposed to the legislative Acilia Calpilrnlia, Aelih or Aelia Saentia, Papial or
body, ulad therefore is equally applic able to a, pro- Paupia Poppaca, and otllers. It seents to have been
posed lex anld a proposed Plebiscitum. Accord- the fashion to omit the word et between the twvo
ingly there occur the expressions " populum s ro- nalmes, though illstances occur in which it wss
gare," to propose a lex to the popullus; and "leoegln used. [.J'ULIA LEx. T Tr'IIk.] A lex was also
rogare," to propose la lex. (Festums, s. v. R1oytio.) oftell designlated, with reference to its object, as
A Rogattio then is properly a proposed lex or ai the Lex Ciilcia de l)onlis et Muneribtls, Lex
proposed plebiscituml. The termns Rogarle, Rlogatio Furial Testamentalria, Lex Ju.Tlia Municipalis, allde
also apply to a person bheig proposed for a imagis- nmnlly others. IcLaes whclih related to a comlmonl
tratus at the Comlitiua. (Sall. Jug. 2).) The form object, were often designated by a collective name,
of a Rogattio, in the case of Adrogatio, which -ais as Lees Agrariae, Jiudiciariae, and others. Some