CHAPTER XVIII
THE COMPOSITION AND PRESERVATION OF STATUTES, COMITIAL PROCEDURE, AND COMITIAL DAYS
I. The Composition and Preservation of Statutes
Laws were drawn up in technically exact language. If the proposer of a rogation lacked the necessary knowledge, he sought the advice of learned friends.[2936] The bill, as first presented to the senate and published in the city on wooden tablets,[2937] was merely tentative; for discussion in the senate or the expression of public opinion might suggest changes[2938] or even induce the author to withdraw the proposal.[2939]
At the head of the law after its adoption was inserted the index and praescriptio,[2940] of which the consular lex Quinctia de aquaeductibus, accepted by the tribes in the year 9 B.C., offers a good example:[2941]
“T. Quinctius Crispinus consul populum iure rogavit, populusque iure scivit in foro pro rostris aedis divi Iulii pr(idie) K Iulias. Tribus Sergia principium fuit, pro tribu Sex.... L. f. Virro primus scivit.”[2942]
It contains the name of the rogator,[2943] his office, the body of citizens, whether populus or plebs, to which the proposal is offered, the place of the assembly,[2944] the date, the century (praerogativa) or the tribe or curia (principium) which voted first, and the name of the citizen who has been granted the honor of casting the first vote for his praerogativa or principium.[2945] If the senate has given its sanction, that fact is indicated by the insertion of the phrase “de s(enatus) s(ententia).”[2946] In case the proposal is by a tribune of the plebs, it is strictly a plebi scitum; but that its equivalence to a lex may be made clear, it is described as a lex plebeive scitum.[2947]
The body of the law is divided into chapters separated by spaces, sometimes numbered, and occasionally bearing individual titles.[2948] Last comes the sanction,[2949] which provides for the enforcement. Some laws, however,—termed leges imperfectae—lack this part.[2950] Usually the sanction prescribes the form of procedure according to which offenders are to be tried.[2951]
If the author of the new proposal has no desire to disturb any existing law, this fact is indicated by the insertion of the formula E(x) H(ac) L(ege) N(ihilum) R(ogatur).[2952] As a protection from the operation of earlier laws left in whole or in part unrepealed by the new statute, the latter is provided with a declaration that no attempt is hereby made to legalize anything illegal.[2953] By an analogous statement unconscious trespassing upon the rights of religion is rendered harmless.[2954] In accordance with a law of the Twelve Tables[2955] provision is further made against the consequences of conflict with other laws by the declaration that if any one in carrying out this law shall trespass against other statutes or senatus consulta, his act shall render him in no way liable to such earlier laws or decrees.[2956] A provision may also be added against illegal alteration or repeal.[2957] Sometimes the proposer includes an article for compelling senators and magistrates to uphold his law, should it be enacted,[2958] or for otherwise overcoming opposition to its enforcement,[2959] or for making repeal difficult.[2960] It becomes binding from the moment when the author announces its adoption by the comitia, excepting in case time has to be given the senators and magistrates for swearing to it.[2961] The law is then engraved on a bronze tablet,[2962] the original copy of which is kept by the quaestors in the aerarium.[2963] Other copies are posted in public places where all can read it.[2964]