By Fritz Schulz
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Extra info for History of Roman Legal Science
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7 Including, doubtless, a copy of the Twelve Tables. 8 Wissowa, 502, 527. 9 L. G. Roberts, "The Gallic Fire and the Roman Archives' (Memoirs of the Am. Ac. ). 1 D 34 THE ARCHAIC PERIOD We have only later redactions, in which the language, if no more, has been altered. Still, the substance of our tradition is in all essentials ancient and belongs to the third century. 1 3. 1 (a) Little enough is preserved of the ceremonial instructions. Festus, v. nectere (Lindsay, 160) : ' "Nectere" ligare significat...
We read that the pontifical college delegated this function annually to one of its members,1 which is likely enough, since the work would mostly be routine. 2 By their cautelary responsa the pontifices supplied applicants with the manifold formulae required for the acts (actiones in the wider sense)3 of the older private and procedural law, and these were accepted by practice. * The whole of this vast treasury of formulae is the work of the pontiffs : they are so obviously the product of rational technical thinking5 and, on the other hand, so closely similar to the actiones of sacral law, that no other authorship is conceivable.
34. 44. 2). C. the consul named a dictator: 'nee tamen ab dietatore comitia sunt habita, quia, vitione creatus esset, in disquisitionem venit. consulti augures "vitiosum videri dictatorem" pronuntiaverunt' (Liv. 8. 23. 14) . 4 5. The pontifex maximus was the judge in disciplinary proceedings against members of his college, 5 but otherwise no judgments in the true legal sense were delivered b y the priests. 6. There was no formal instruction in sacral law. Members of the colleges learnt the law of their department empirically, with assistance from their seniors and the secretarial staff.