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Updated: May 18, 2025
If the criminal be a slave, the penalty fixed by the statute is death, as in the statute relating to assassins and poisoners: if a free man, deportation. 8 The lex Iulia, relating to public or private violence, deals with those persons who use force armed or unarmed.
It is certain too that after the passage of the lex Iulia in 45 B.C., that the census was taken in the Italian towns at the same time as in Rome, and the reports sent to the censor in Rome. This duty was performed by the duovirs with quinquennial power, also often called censorial power. The inscriptions under consideration, then, would seem to date certainly before 49 B.C.
Pompey should have gone to Spain, but at the request of the senate he stayed near Rome, and in the autumn his wife Iulia died, thus breaking one strong tie between him and Cæsar. Quintus Cicero went as legatus to Cæsar and accompanied him to Britain.
It sometimes happens that an owner cannot alienate, and that a nonowner can. Thus the alienation of dowry land by the husband, without the consent of the wife, is prohibited by the lex Iulia, although, since it has been given to him as dowry, he is its owner.
Rome always made different treaties and understandings with her allies; according to circumstances, she made different arrangements with different colonies; even Sulla's own colonies show a vast difference in the treatment accorded them, for the plan was to conciliate the old inhabitants if they were still numerous enough to make it worth while, and the gradual change is most clearly shown by its crystallization in the lex Iulia of 45 B.C.
But that the provision in the law, namely, citizenship, if the allies desired it, did not accomplish its purpose, is clear from the immediate passage in 89 of the lex Plautia-Papiria. Probably there was some change of phraseology which was obnoxious in the Iulia.
Ulpian, xiv: feminis lex Iulia a morte viri anni tribuit vacationem, a divortio sex mensum; lex autem Papia a morte viri biennii, a repudio anni et sex mensum. Ulpian in Dig., 25, 3, 1. Paulus, ii, xxiv, 5. Ulpian in Dig., 25, 4, 8. Codex, v, 24, 1.
Failing every other kind of guardian, at Rome one used to be appointed under the lex Atilia by the praetor of the city and the majority of the tribunes of the people; in the provinces one was appointed under the lex Iulia et Titia by the president of the province.
We, however, have amended the lex Iulia, and thus introduced an improvement; for that statute applied only to land in Italy, and though it prohibited a mortgage of the land even with the wife's consent, it forbade it to be alienated only without her concurrence.
In fact nothing in the inscriptions or in the literature gives a hint at any change in the political relations between Praeneste and Rome down to 90 B.C., the year in which the lex Iulia was passed.
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