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Old 05-28-2007, 08:44 PM   #1
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Default Paul and Porcian Law

In Acts Chapters 22 and 23, we have the story of Paul, a Roman citizen, about to be beaten. We learn from the account that it is apparently quite a bad thing for anyone to beat a Roman citizen.

The Porcian Laws are most often pointed toward as the laws underlying this account from the book of Acts.

Can someone tell me what our earliest primary source(s) of information is(are) on the Porcian Laws? I would like to read more about these laws directly from primary sources. Any online links would be greatly appreciated.

Thanks.
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Old 05-29-2007, 09:30 AM   #2
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I just wanted to give this another bump. Surely someone else has looked into this issue before to see whether Acts is telling the truth or not?

Ultimately, I looking for the primary sources of information on the Porcian Laws. Where do I look?

Cicero mentions the laws.

Thanks.
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Old 05-29-2007, 10:18 AM   #3
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What do you mean by "primary sources" here?
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Old 05-29-2007, 01:50 PM   #4
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Perhaps it isn't very clear. Primary sources is usually a phrase that applies to ancient works that are contemporary with some event or person.

In this case, I mean ancient works that witness to or explain the actual content of the Porcian laws and their beginnings.

For example, is there an "ancient edition" of the Roman code of law that contains the Porcian Laws? I am aware of the relatively "late" texts of Roman law by the emperor Justinian(?), but I have not found or looked through them. Do "Justinian's" works contain the earliest "witness" to the actual full content of the Porcian Laws? Also, what are the earliest references to the Porcian Laws and to their contents (full contents or not)?

Thanks for any help.
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Old 05-29-2007, 02:05 PM   #5
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To help out a bit, here is what I know...

http://www.searchgodsword.org/enc/is...i?number=T7474
Quote:
(2) The Porcian Law.

The right of appeal to the people was valid within the city and as far as the first milestone; and although it was never extended beyond this limit, yet its protection was virtually secured for all Roman citizens, wherever they might be, by the provision of the Porcian law (of unknown date), which established their right to trial at Rome. In consequence of this a distinction of great importance was created in criminal procedure in the provinces, since Roman citizens were sent to Rome for trial in all serious cases, while other persons were subject to the criminal jurisdiction of the municipalities, except when the governor summoned them before his own tribunal.
I am wondering about the ancient sources for this information. At the bottom of this article on Roman Law, the following works are listed:

Quote:
Greenidge, The Legal Procedure of Cicero's Time, Oxford, 1901; Kruger, Geschichte der Quellen u. Litteratur des romischen Rechts, Leipzig, 1888; Mommsen, Romisches Strafrecht, Leipzig, 1899; Roby, Roman Private Law in the Times of Cicero and of the Antonines, Cambridge, 1902; Sohm, The Institutes of Roman Law, translated by J.C. Ledlie, Oxford, 1892.
Most of these are old books that I don't have access to, at least not very quick access to. I was hoping someone else might know of them or know more about the Porcian Law(s) themselves.

What brought up my question in the first place were the following verses I stumbled upon while reading Marcus Tullius Cicero's In defense of Caius Rabirius (accused of treason):

"IV. .... The Porcian law forbade a rod to be laid on the person of any Roman citizen. .... The Porcian law protected the freedom of the citizens against the lictor. .... Caius Gracchus passed a law that no trial should take place affecting the life of a Roman citizen without your orders. "

This got me to thinking about the account of Paul in Acts and to wondering even more about the origin and contents of the "Porcian Law". This is all I currently know, and I would like to know more about the topic if anyone else shares the same passion for learning as I do. Thanks.
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Old 05-29-2007, 02:53 PM   #6
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The Legal Procedure of Cicero's Time (or via: amazon.co.uk) has been reprinted and is searchable on Amazon.

Roby on Roman Private Law in the Times of Cicero and of the Antonines (or via: amazon.co.uk) has also been reprinted, but is not in the affordable price range. You could try a library.

I've never seen any reason to doubt the existence or content of the Porcine Laws. You would probably need to investigate the history of Roman Law to see them in context and understand them.
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Old 05-29-2007, 03:08 PM   #7
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Quote:
Originally Posted by Toto View Post
The Legal Procedure of Cicero's Time (or via: amazon.co.uk) has been reprinted and is searchable on Amazon.
Thanks.

Quote:
You could try a library.
I could, eventually. I guess I was hoping someone else might also be interested enough and have quicker access to the sources or be learned enough not to need the access. Of course, a search in Allen Tx probably wouldn't turn much up either except down in the heart of Dallas.

Quote:
I've never seen any reason to doubt the existence or content of the Porcine Laws.
Heh...they've nothing to do with pigs as far as I know, though I'm not sure of the etymology of the name Porcius from which the name of the law(s) is(are) derived. Aside from that, nearly everything in the Bible has been doubted from what I can tell, but that's not really the point to me. The point, to me, is learning more about biblical history and the history of the world around it.

Quote:
You would probably need to investigate the history of Roman Law to see them in context and understand them.
Certainly, but I get the idea that the Porcian Law(s) was(were) an addition that could be analyzed from a "standalone" point of view.
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Old 05-29-2007, 03:12 PM   #8
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A bit more information I've found on the Porcian Law(s):

Basilica Porcia, the first basilica in Rome, built for judicial and business purposes by Cato the Elder in 184 BC.

Lex Porcia, a Roman law.

(199 BC) proposed by tribune P. Porcius Laeca to give right of appeal in capital cases.
(195 BC) M. Porcius Cato prohibited scourging of citizens without appeal.
(184 BC) consul L. Porcius Licinus safeguarded citizens from summary execution on military service, all dealing with right of appeal (provocatio).

So it appears that "primary sources" would be much further back in time than Cicero. I haven't yet searched on "Lex Porcia", so I'll try that as well, eventually.

If you like learning something new, then put in what you learn. This can certainly help us to understand the laws underlying the aforementioned account of Paul in Acts.
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Old 05-29-2007, 08:14 PM   #9
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Cicero, Against Verrus II (53)

O the sweet name of liberty! O the admirable privileges of our citizenship! O Porcian law! O Sempronian laws! O power of the tribunes, bitterly regretted by, and at last restored to the Roman people! Have all our rights fallen so far, that in a province of the Roman people,—in a town of our confederate allies,—a Roman citizen should be bound in the forum, and beaten with rods by a man who only had the fasces and the axes through the kindness of the Roman people?
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Old 05-29-2007, 08:18 PM   #10
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I'll throw in some controversy in hopes of drawing in some more researchers...

After appealing to Caesar, Paul is sent to Rome. By tradition, Paul is put to death (I believe by beheading).

Don't the Porcian Laws say that, at least technically, punishing Paul with death was out of the question? Would he not have been exiled instead? Of course there are always exceptions to the rules, as the above quote from Cicero shows, but was Paul martyred or exiled?
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