Reference address : https://www.ellopos.net/elpenor/rome/1-11-law-justice.asp?pg=13

ELPENOR - Home of the Greek Word

Three Millennia of Greek Literature
Constantinople Home Page  

Please note that Mommsen uses the AUC chronology (Ab Urbe Condita), i.e. from the founding of the City of Rome. You can use this reference table to have the B.C. dates

THE HISTORY OF OLD ROME

I. The Period Anterior to the Abolition of the Monarchy

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson


The History of Old Rome

CHAPTER XI - Law and Justice

ELPENOR EDITIONS IN PRINT

The Original Greek New Testament

» Contents of this Chapter

Page 13

Private Process

If a debtor to the state did not fulfil his obligations, he was without further ceremony sold with all that he had; the simple demand on the part of the state was sufficient to establish the debt. If on the other hand a private person informed the king of any violation of his property (-vindiciae-) or if repayment of the loan received did not duly take place, the procedure depended on whether the facts relating to the cause needed to be established, which was ordinarily the case with actions as to property, or were already clearly apparent, which in the case of actions as to loans could easily be accomplished according to the current rules of law by means of the witnesses.

The establishment of the facts assumed the form of a wager, in which each party made a deposit (-sacramentum-) against the contingency of his being worsted; in important causes when the value involved was greater than ten oxen, a deposit of five oxen, in causes of less amount, a deposit of five sheep. The judge then decided who had gained the wager, whereupon the deposit of the losing party fell to the priests for behoof of the public sacrifices.

The party who lost the wager and allowed thirty days to elapse without giving due satisfaction to his opponent, and the party whose obligation to pay was established from the first--consequently, as a rule, the debtor who had got a loan and had not witnesses to attest its repayment--became liable to proceedings in execution "by laying on of hands" (-manus iniectio-); the plaintiff seized him wherever he found him, and brought him to the bar of the judge simply to satisfy the acknowledged debt.

Previous / First / Next Page of this Chapter

Do you see any typos or other mistakes? Please let us know and correct them

The History of Old Rome: Contents ||| The Medieval West | The Making of Europe | Constantinople Home Page

Three Millennia of Greek Literature

Receive updates :

Learned Freeware

Reference address : https://www.ellopos.net/elpenor/rome/1-11-law-justice.asp?pg=13