History of Roman Legal Science by Fritz Schulz

By Fritz Schulz

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De domo, 53. 136. Camillus had vowed one-tenth of the spoils to Apollo. Did this extend to movables ? The pontiffs, when consulted by the Senate, decided: 'Quod eius ante conceptunï votum Veientium fuisset et post votum in potestatem populi Romani venisset, eius partem decumam Apollini sacrum esse' (Liv. 5. 25. 7). c. the pontiffs pronounced that the vow of a ver sacrum had been improperly fulfilled: 'Cum P. Licinius "non esse recte factum" collegio primum, deinde ex auctoritate collegii patribus renuntiasset, de integro faciendum arbitratu pontincum censuerunt' (Liv.

1440. C. Sulpicius Galba p. 202. Münzer, PW iv A. 753. II THE LEGAL PROFESSION THE present chapter describes the field in which the jurists operated and the forms of their operations. Though these forms were everywhere very similar, it will be necessary to treat sacral, private, and public law separately and, with regard to sacral and public law, owing to the scantiness of our information as to the archaic period, to rely on evidence from the following period. (i) i . 7 In these matters, though in general the State left them a free hand, they were limited by the ius publicum.

18. 30. 2 So Joers, 46 ff. Cf. Wlassak, Prozessformel, 108, n. 83, giving the literature. 3 Cic. p. Mur. 12. 26 : ' transit idem iure consultus tibicinis Latini modo. ' Cf. Wlassak, Anklage u. Streitbefestigung, Abwehr g; Prozessformel 84; Cic. De or. 3. 60. 225 ; R. Büttner, Porcius Liänus (1893), 80 ff. 4 Above, p. 12. s Above, p. 10. 'Below, p. 34. 8 7 Above, p. 9. Above, p. 11. * Above, p. 10. 1 (in)' Within the limits set by statute (leges), the development of public law was in the hands of the circle of men whom we have previously2 designated 'jurists of the public law'.

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