1. The essential data provided in the Digest
The lex Aquilia was undoubtedly the most important statutory enactment on Roman private law subsequent to the XII Tables. It was passed by an assembly of the plebs after it had been proposed by a tribune by the name of Aquilius ("...
lex Aquilia plebiscitum est, cum earn Aquilius tribunus plebis a plebe rogaveht"[4914]). It repealed and superseded all earlier laws that had dealt with unlawful damage (to property)—XII Tables and others alike ("[l]ex Aquilia omnibus legibus, quae ante se de damno iniuria locutae sunt, derogavit, sive duodecim tabulis, sive alia quae fuit"[4915] [4916]). The lex Aquilia was not particularly long or complex;1 it contained three "chapters" (we would rather say sections or paragraphs), the second of which was no longer in use in classical Roman law ("[h]uius legis secundum quidem capitulum in desuetudinem abiit").[4917] The first and the third chapters are preserved verbatim; they were quoted by Gaius in his commentary on the edictum provinciale (first chapter) and by Ulpian in his commentary on the Edict (third chapter), and these quotations have been incorporated into the Corpus Juris Civilis. Drafted no longer in the clumsy monumental style of the XII Tables nor, as yet, displaying the hairsplitting pedantry of the later Republican legislation,[4918] [4919] they read as follows:"(Si quis] servum scrvamvc alienum ahenamve quadrupedem vel pecudem iniuria Occident, quanti id in co anno plurimi fuit, tantum aes dare domino damnas csto";" "Ceterarum rerum praeter hominem et pecudem occisos si quis alteri damnum faxit, quod usserit fregerit ruperit iniuria, quanti ea res erit in diebus triginta proximis, tantum aes domino dare damnas esto."[4920]
2.
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- Essential characteristics and range of application
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- APPENDIX IV. THE ESSENTIAL CHARACTER OF MANUMISSION1. ITERATIO.
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- The Digest
- THE REDISCOVERY OF THE DIGEST
- 2. Overstatements in USDA Census of Agriculture Data
- The German “modern use” of the Digest