By Jane F. Gardner
Jane Gardner's research of Roman legislation is particularly aimed at an viewers of Roman historians. in addition to felony texts and literary resources, Gardner uses epigraphic fabric, together with fresh reveals from Popleii which demonstrate the criminal process in motion within the advertisement lifetime of Puteoli.
Gardner additional notes the most obvious disparity of felony rights and tasks between voters of the empire: ladies, ex-slaves, adults with dwelling fathers, convicted criminals, play-actors--even the blind, deaf, dumb and the mentally unwell. Gardner examines intimately each one group's specific felony disabilities in addition to the impression those regulations had on their day-by-day lifestyles. She additionally considers how those felony iniquities with regards to the distinctively Roman establishment of patria potestas, and to the duty of direct participation which was once a criminal requirement for many transactions.
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The remaining ways mentioned of financing the deal are that money was provided by friends or outsiders, borrowed on security, perhaps even advanced by the buyer, and it seems a fair presumption that resort to purchase was made when a master refused manumission. He kept the peculium, and had the slave’s price into the bargain. Another use of the device is suggested by an engaging story in Suetonius (de gramm. 13). ’) Eros, an educated Greek, enterprisingly persuaded a Roman, Staberius, to buy and free him immediately on promise of a reimbursement, doubtless at a substantial profit, from his earnings as a teacher.
The other two tablets, however, both dated AD 48, do at least indicate that Faustus and Cinnamus were indeed in business jointly. S[ulpic]i Fausti). 277 provides more conclusive evidence of joint operations on a regular basis. e. Cinnamus) or Eros or anyone of 35 BEING A ROMAN CITIZEN his staff (si q[ui]d[am] eius) or his slave Martial or Caius Sulpicius Faustus or anyone else mandated or instructed by any of them’. These tablets, taken with the finding together in one place of large numbers of tablets concerning the transactions of Faustus and Cinnamus acting separately, create a strong presumption that they were in business jointly.
It was intended to preserve and encourage certain influences towards integration and hierarchy, so important for the order and stability that Augustus was trying to establish, or re-establish, in Roman society. This view of the purpose of the lex Fufia Caninia has not, so far as I know, previously been put forward, but it seems to me, while fitting in with the social and moral purposes evident in other legislation of the Augustan period, to provide, by considering the actual legal effects in regard to patron-freedman relations and the operation of the law of inheritance, a more coherent and satisfactory explanation of what the law was intended to achieve.