Gradually there would arise the idea of proportionate punishment, of which the characteristic type is the lex talionis, 1 " an eye for an eye."
The qualifications for the office were fixed in each town by a special law for that community (lex municipalis).
AULUS GABINIUS, Roman statesman and general, and supporter of Pompey, a prominent figure in the later days of the Roman republic. In 67 B.C., when tribune of the people, he brought forward the famous law (Lex Gabinia) conferring upon Pompey the command in the war against the Mediterranean pirates, with extensive powers which gave him absolute control over that sea and the coasts for 50 m.
It is state-law; alike self-help, blood-feud, marriage by capture, are absent; though family solidarity, district responsibility, ordeal, the lex talionis, are primitive features that remain.
In the criminal law the ruling principle was the lex talionis.