[The History of Rome, Book II by Theodor Mommsen]@TWC D-Link book
The History of Rome, Book II

CHAPTER VIII
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Law, Religion, Military System, Economic Condition, Nationality Development of Law In the development which law underwent during this period within the Roman community, probably the most important material innovation was that peculiar control which the community itself, and in a subordinate degree its office-bearers, began to exercise over the manners and habits of the individual burgesses.

The germ of it is to be sought in the right of the magistrate to inflict property-fines (-multae-) for offences against order.( 1) In the case of all fines of more than two sheep and thirty oxen or, after the cattle-fines had been by the decree of the people in 324 commuted into money, of more than 3020 libral -asses- (30 pounds), the decision soon after the expulsion of the kings passed by way of appeal into the hands of the community;( 2) and thus procedure by fine acquired an importance which it was far from originally possessing.

Under the vague category of offences against order men might include any accusations they pleased, and by the higher grades in the scale of fines they might accomplish whatever they desired.

The dangerous character of such arbitrary procedure was brought to light rather than obviated by the mitigating proviso, that these property-fines, where they were not fixed by law at a definite sum, should not amount to half the estate belonging to the person fined.

To this class belonged the police-laws, which from the earliest times were especially abundant in the Roman community.


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