Note 2332 — Chapter XVI · COMITIAL LEGISLATION From the Gracchi to Sulla 134-82
Reading edition
The principle was expressed in an article of the lex Memmia de incestu of 111 (Val. Max. iii. 7. 9), and probably in every law for the establishment of a court. It was used throughout the history of the republic; cf. Livy x. 37. 7; 46. 16 (year 293); p. 289 above; Suet. Caes. 23 (59); Dio Cass. xxxix. 7. 3 (57).
In this connection mention may be made of the lex Hostilia, which allowed actions for theft to be brought in behalf of persons absent in the service of the state or in captivity or in wardship; Just. Inst. iv. 10. The date is unknown, though Voigt, Röm. Rechtsgesch. i. 282, n. 14, inclines to assign it to 209 or 207.