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

LEX. LEX. 6f83
times a chapter of a lex was referred to under the liogatio is defined by Festus to be, a command
title of the lex, with the addition of a reference of the Populus relating to one or more persons, b)ut
to the contents of the chapter, as Lex Julia de not to all persons; or relating to one or -more
Fundo Dotali, which was a chapter of the Lex things, but not to all. That which the Populus
Julia de Adulteriis. A lex sometimes took its has commanded (scivit) with respect to all pernlame from the chief contents or its first chapter, as sons or things is a Lex; and Aelins Gallus says,
Lex Julia de Maritalldis Ordinibus. Sometimes a Rogatio is a genus legis; that which is Lex is not
lex comprised very various provisions, relating to consequently (continuo) Rogatio; but Rogatio must
matters essentially different, and in that case it be Lex, if it has been proposed (rsogata) at legal
was called Lex Satura. [LEX CAECILIA DInIA, comitia (justis coinitiis). According to this definiLEx JULIA MUNICIPALIS.] tiou a rogatio, when enacted, is Lex; there is also
The terms in which a Lex was expressed were Lex which is not rogatio: therefore we must
fixed by the person who proposed it; but in many assume a general name Lex, comprehending Lex
cases probably he would require the assistance of Proper and Rogatio. The passage of Aelius Galsome person who was acquainted with technical lus is emesdedl by Goettling (Geschichte der MRlm.
language. A Lex was proposed to the Comitia in Stcaatsv. &c. p. 310); but his emendation is founded
its entire form for acceptance or rejection: there on mistaking the sense of the passage, and it conwas no.discussion on the clauses, and no alteration verts the clear meaning of Gallus into nonsense.
of them in the Comitia, and indeed discussion According to the definition of Gallus, Rogatio was
of details and alteration were impossible. The equivalent to Privilegium, a term which occurred
Sanctio of a Lex (Rihet. ad Hlerenz. ii. 10; Papi- in the Twelve Tables (Cic. de Leg. iii. 19); and it
ishan, Dig. 48. tit. 19. s. 41) made a Lex which signified, according to Gallus (Festus, s.?. Royatio)
the Romans call Perfecta. In a Lex Perfecta, the an enactmnent that had for its object a single peract which is done contrary to the provisions of son, which is indicated by the form of the word
the Lex, is declared by the Lex to be null. If a (pr'ivi-leyiuln), " pri ae res " being the same as
Lex did not contain this Sanctio, it was called "singulae res." The word privilegium, according
Imperfecta. A Lex was called minus quam per- to the explanation of Gallus, did not convey any
fecta, when the act which was done contrary to its notion of the character of the legislative measures:
provisions was not declared null, but the Lex im- it might be beneficial to the party to whom it reposed a penalty. (Savigny, System, &c. vol. iv. p. ferred, or it might not. It is generally used by
549, &c.) This division of Leges into Perfectae, Cicero in the uniavourable sense (pro Domo, 17
&c. is obviously only applicable to such Leges as pro Sestio, 30; rogationlem privilegii simileni, BrDzt.
referred to what the Romans called the department 23). Accordingly in the Republican period Priviof Privatmn Jus. legia were not general Laws or parts of the general
The number of Leges was greatly increased in Law: they bear the character of an exception to the
the later part of the republican period (Tacit. Ann. general rule. In the Corpus Juris Privilegium is.
iii. 25-28), and Julius Caesar is said to have con- the common name for a Jus Singulare, the meanltemplated a revision of the whole body. Under ing of which is explained by Savigny (System, &c.
him and Augustus numerous enactments were i. p. 61).
passed, which are known under the general name Tie meaning of Lex, as contrasted with Jus, is
of Juliae Leges. [JULI.IE LEGES.] It is often stated in the article Jus.
stated that no Leges, properly so called, or Plebis- Some other significations of Lex, which are not
cita, were passed after the time of Augustus; but its proper significations, are easily explained; for
this is a mistake. Though the voting might be a instance, Lex is used to express the terms or conmere form, still the form was kept; and if this ditions of a contract, apparently with reference to
were not sol the passage of Gains (i. 2, &c.), in the binding force of all legal contracts. In English
which he speaks of leges and plebiscita as forms instruments which contain covenants, it is often
of legislation still in use, would not be correct. expressed that it shall be "lawfutl" for one or
Besides, various leges are mentioned as having more of the parties to do a certain act, by which
been passed under the Empire, such as the Lex is simply meant that the parties agree about someVisellia, a Lex Agraria under Caligula, and a Lex thing, which is legal, and which therefore makes
Claudia on the tutela of women. (Gaius, i. 157, a valid agreement. The work of Marcus Manilius
171.) It does not appear when the ancient forms (Cos. B. c. 149) on sales is quoted by Cicero (de
of legislation were laid aside, but they certainly Or. i. 58) as "Manilianas venaliuml vendendorum
long survived the popular elections to which alone leges." (See D)ig. 18. tit. 1. s. 40, where Lex
the passage of Tacitus (Ann. i. 15) refers. means conditions of sale.) Accordingly we find
In the Digest a Senatusconsultum is sometimes the expression Leges Censoriae to express the conreferred to as a Lex (14. tit. 6. s. 9. ~ 4; s. 14); ditions on which the censors let the public proin which there was no great impropriety if we perty to farm; and perhaps the term also signified
have regard to the time, for Senatusconsulta were certain standing regulations for such matters, which
then laws. Still a Senatusconsultum, properly so the censors were empowered to make. (Freaq. do
called, must not be confounded with a Lex properly j2re Fisci, s. 18; Dig. 50. tit. 16. s. 203.) In bothi
so called; and there is no reason for supposing the cases just referred to, the phrase Lex Cellthat the Lex Claudia of Gaius was a Senatuscon- soria is used (in the singular number); and this
sultum, for when he speaks of a Senatusconsultum Lex, whether a Law proper or slot, seems to have
of the time of Claudius, he calls it such (i. 84, 91). been divided into chapters.
However there is no mention of any Lex being Lex simply sometimes signifies the laws of the
enacted later than the time of Nerva. (Dig. 47. Twelve Tables.
tit. 21. s. 3. ~ 1.) The extant authorities for the Roman Leges are
It remains further to explain the words Rogatio the works of the classical Romlan writers, of the
and Privilegium. IRoman Jurists, and inscriptionls.'lbe.'nct useful