Lex Aquilia
Encyclopedia
The lex Aquilia was a Roman law
which provided compensation to the owners of property injured by someone's fault.
, or at some other point in the 3rd century BC. It was concerned with damage done from damnum iniuria datum, "damage unlawfully inflicted", a kind of a delict
(or tort
), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law.
Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slave
s or herd animal (pecus) should pay the owner the highest value that the slave or the beast had over the past year.
According to Gaius's Institutes, the second chapter of the lex covered the following scenario:
It is clear from the Institutes of Justinian that the second chapter was no longer in force by the fifth century anno domini [I4.3.12]. Additionally, the only other mention which we find of the second chapter within the Digest is the following short extract:
Therefore, it is clear that by the time of the Classical juristic writing the second chapter was legally defunct. The sheer lack of textual commentary implies that this occurrence came about very soon after the formulation of the lex in the Republic, and the quotation from Gaius regarding recovery of fraudulently expunged debts does not seem to rest easily with the extant chapters (dealing which varying degrees of property damage).
The third chapter concerned the wrongful "burning, breaking or rending" (urere, frangere, rumpere) not only of slaves and cattle but also other property:
Note that rumpere (rupture) was generally understood as corrumpere (spoil), and thus came to encompass a very large number of different sorts of damage. Some difficulty surrounds the use of the verb 'fuit', generally taken to indicate the perfect tense. However, an alternative translation of the text suggests that the provision might in fact be prospective. In practice, this would mean that the aggrieved party would be entitled to monetary compensation equal to the diminution in value of the article which suffered damage.
Although the Lex Aquilia applied only where damage was unlawfully caused, this requirement was satisfied wherever a person was neglectful, as well as acting intentionally. It did, however, require direct causation. There was an exception to wrongfulness though. If an act could be proven to be justified (which jurists disagreed when exactly this was) it was not wrongful, such as cases of self defense.
The Lex Aquilia could not force a rent object or slain slave or herd animal to be replaced, it could only demand monetary compensation. If liability was denied but found by the iudex anyhow, the compensation was doubled.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
which provided compensation to the owners of property injured by someone's fault.
The provisions of the Lex Aquilia
The lex Aquilia (strictly, a plebiscite) was possibly enacted in 286 BC286 BC
Year 286 BC was a year of the pre-Julian Roman calendar. At the time it was known as the Year of the Consulship of Corvus and Paetus...
, or at some other point in the 3rd century BC. It was concerned with damage done from damnum iniuria datum, "damage unlawfully inflicted", a kind of a delict
Delict
In civil law, a delict is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them. Due to the large number of civil law systems in the world, it is hard to state any generalities about the concept...
(or tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law.
Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
s or herd animal (pecus) should pay the owner the highest value that the slave or the beast had over the past year.
- Ut qui servum servamve alienum alienamve quadrupedem vel pecudem iniuria occiderit, quanti id in eo anno plurimi fuit, tantum aes dare domino damnas esto. [D. 9.2.2.pr]
- If anyone wrongfully kills another's male or female slave or four-footed herd-animal, let him be ordered to pay the owner whatever its highest value was in the preceding year.
According to Gaius's Institutes, the second chapter of the lex covered the following scenario:
- By the second head an action is established to recover the amount against the adstipulator, who, in fraud of the stipulator, has formally released a debt. [G3.215]
It is clear from the Institutes of Justinian that the second chapter was no longer in force by the fifth century anno domini [I4.3.12]. Additionally, the only other mention which we find of the second chapter within the Digest is the following short extract:
- Ulpianus 18 ad ed. Huius legis secundum quidem capitulum in desuetudinem abiit.
- Ulpian: The second chapter of the lex has fallen out of use.
Therefore, it is clear that by the time of the Classical juristic writing the second chapter was legally defunct. The sheer lack of textual commentary implies that this occurrence came about very soon after the formulation of the lex in the Republic, and the quotation from Gaius regarding recovery of fraudulently expunged debts does not seem to rest easily with the extant chapters (dealing which varying degrees of property damage).
The third chapter concerned the wrongful "burning, breaking or rending" (urere, frangere, rumpere) not only of slaves and cattle but also other property:
- Ceterarum rerum praeter hominem et pecudem occisos si quis alteri damnum faxit, quod usserit fregerit ruperit iniuria, quanti ea res fuit in diebus triginta proximis, tantum aes domino dare damnas esto. [D. 9.2.27.5]
- As regards things other than men and cattle which have been killed, if any one does damage to another, and unlawfully burns, breaks, or ruptures something, let him be ordered to pay its owner whatever that thing is worth in the nearest thirty days.
Note that rumpere (rupture) was generally understood as corrumpere (spoil), and thus came to encompass a very large number of different sorts of damage. Some difficulty surrounds the use of the verb 'fuit', generally taken to indicate the perfect tense. However, an alternative translation of the text suggests that the provision might in fact be prospective. In practice, this would mean that the aggrieved party would be entitled to monetary compensation equal to the diminution in value of the article which suffered damage.
Although the Lex Aquilia applied only where damage was unlawfully caused, this requirement was satisfied wherever a person was neglectful, as well as acting intentionally. It did, however, require direct causation. There was an exception to wrongfulness though. If an act could be proven to be justified (which jurists disagreed when exactly this was) it was not wrongful, such as cases of self defense.
The Lex Aquilia could not force a rent object or slain slave or herd animal to be replaced, it could only demand monetary compensation. If liability was denied but found by the iudex anyhow, the compensation was doubled.
Extension of the Lex Aquilia to other cases
The statute was in its terms rather narrow. For instance, the first chapter only applied where the killing had taken place directly (corpori corpore: on the body of the victim by the body of the perpetrator). It gave a remedy only to a citizen. It gave a remedy only to the strict legal owner (dominus) not to people with lesser rights of ownership. However, if an act was not directly caused or the damage inflicted a loss on someone other than the owner, an in factum action could be brought against the person who inflicted damage.External links
- LacusCurtius - Roman Law — Damnum (Smith's Dictionary, 1875), Damnum Injuria Datum section
- The Roman Law Library, incl. Leges