Rudarski propisi klasičnog i postklasičnog rimskog prava / Mining regulations of classical and postclassical Roman law

Abstract

In order to understand the functioning of mining in ancient Rome, it is necessary to investigate the rules of classical and post-classical Roman law related to mines. Most of the mining information is extracted from the Lex Vipasca, the two bronze plates found in Aljustrelo in Portugal in 1876 and 1906. The first plate from Aljustrelo provided valuable information on the mining sale taxes, the auctioneer’s provision, the management of baths, shoemakers, barbers, metallurgy workers, mining waste tax, teachers and seizure of mines and receivables. The second plate from Aljustrelo defines the responsibilities of the procurator, the rights and obligations of the owner, the price of the mine, and tells us about the way of organizing the leaseholders in societies – societas. From the preserved provision of Codex Theodosianus (CTh.X.19.8.) we learn about the existence of specially separated rights related to the mining and exploitation rights. The aim of our work is, through analysis of the Aljustrelo plates, to show how far Roman law has defined all aspects of mining in detail and to show the functioning of the system starting from the formation, acquisition of property, business, control, disputes, and associated activities that were formed with mines. These two plates with Roman mining laws provide an inexhaustible study-basis for lawyers, as well as others dealing with Ancient Rome. In addition to the mentioned Lex Vipasca, some minor and later mining regulations have been briefly outlined to complement the picture of Roman mining law.