Encyclopedic dictionary of Roman law 9780871694355

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TRANSACTIONS OF THE

AMERICAN PHILOSOPHICAL SOCIETY HELD AT PHILADELPHIA

| FOR PROMOTING USEFUL KNOWLEDGE

NEW SERIES—VOLUME 43, PART 2 1953

ENCYCLOPEDIC DICTIONARY OF ROMAN LAW ADOLF BERGER

THE AMERICAN PHILOSOPHICAL SOCIETY INDEPENDENCE SQUARE

| PHILADELPHIA Reprinted, 1980 Reprinted 1991

Copyright © by The American Philosophical Society

Reprinted 1991

Library of Congress Catalog Card Number 53-7641 International Standard Book Number 0-87169-435-2 US ISSN 0065-9746

PREFACE The idea of preparing a Dictionary of Roman Law’ which, even in our own day, is the foundation and the in encyclopedic form came to my mind soon after my intellectual background of the law of a large part of the arrival in the United States, as I became more familiar world. with the status of Roman Law in American schools and No one is more aware of the deficiencies of a work of legal writing. The idea grew further while I was work- this kind than the author himself. The selection of the ing with my friend, Professor A. Arthur Scniiler of entries from all the domains of Roman Law, the mainColumbia University School of Law, on a complete bib- tenance of a proper proportion in presenting the various liography of the Romanistic literature published in Eng- topics without concessions to those more familiar or lish since 1939. It became increasingly clear to me that more interesting to the author personally, and the necesmany a reader must encounter great difficulties in under- sity of remaining within the limits of a single volume. standing the technical ianguage of papers concerned with all created embarrassing difficulties. For the principles Roman Law. The severely restricted place occupied by of selection and organization finally adopted, the reader Roman Law in college and university curricula has pro- is referred to the Introduction. duced a situation in which it is entirely true that Ro- Preparation of the Dictionary would not have been

manistica non leguntur. possible if the American Philosophical Society had not

That I finally undertook the work, despite a variety been generous with renewed grants-in-aid from the very of difficulties, may be attributed in large measure to the beginning of the project. I wish to express my deepest warm encouragement I received from scholars in various gratitude to the Society for this assistance and encourfields of Roman antiquities. They approved my plan agement and for accepting the Dictionary tor publicaenthusiasticaliv and stressed the useiulness of a diction- tion in its Transactions. ary as I conceived it, designed for teachers and students I am further gratetully indebted to the Mid-European ot Roman Law in the classroom, for students of legal Studies Center of the National Committee for a Free history who have no or only little Latin, and for readers Europe for the helpful interest it took in my work in its of juristic or literary Latin works in translations which later stages. Thanktul mention must alsc be made of not always are reliable when legal terms or problems the Social Science Research Council for grants in the are involved. In particular, the idea of an encyclopedic years 1946 and 1949.

dictionary with extensive bibliographies met with the Invaluable assistance was rendered by several col-

approbation oi evervone consulted. leagues who assumed the tedious task of polishing the Now, after several years of intensive work, after sev- manuscript linguistically and stylistically. My most sineral decades of study and research in my chosen field, cere thanks are due Professors M. I. Finley of the NewI may be permitted to offer this Dictionary to all who ark College of Rutgers University, Jacob Hammer of are interested in ancient Rome’s legal institutions, Hunter College, Lionel Casson of New York Universources, history. and language, to scholars and students, sity, and Naphtali Lewis of Brooklyn College for the both beginners and those more advanced, with the wish service they have rendered to me in true friendship.

and hope that the cupida legum tuventus may include A. B. in its desire for knowledge of the law that legal system New York, June 15, 1952

333

| MALVAE UXORI OPTIMAE PIISSIMAE CONSOCIAE LABORUM MEORUM S.

ApotF BERGER ,

ENCYCLOPEDIC DICTIONARY OF ROMAN LAW

: CONTENTS PAGE

PAGE

Introduction ........cccc cece ccs eccecccecceecscscsesess SSS VIII. Christianity and Roman Law ..............02-- 196 List of abbreviations ............ccccccccccccccccssccsee 330 IX. Roman Law and modern legal systems (includDictionary 2.0... . ccc cc ccc cence ee cecccccrsccesccssoes 338 ing Byzantine and mediewal law) .......... 797 English-Latin glossary ...........cccccccccccccncaccceee Gta X. Roman Law and the Anglo-American world ... 798 General bibliography ..............ccceccscccscrccccsces 180 XI. Roman Law and legal education (ancient legal

I. Textbooks, manuals and general presentations of history, methods of instruction, the so-called

Roman Law. History of sources .......... 786 “crisis” of Roman law study) ............. 799

II. Roman private law. A. Law of persons (family, XII. Sources (editions, textual criticism, juristic marriage, guardianship, slavery corpora- language) ..-peccccccsccccccccccccecccees GOO TIONS) coc cece ccc cc ccccccccvccevcscces 108 XIII. Interpolations in Justinian’s legislative work ... 801

B. Law of things (ownership, possession, real XIV. Roman Law in non-juristic sources ............ 802 SECUTITICS) .. cece cece ccc c cer ccccseccers 108 AV. Latin imscriptions ..........cccccccccecesese css SOF

C. Law of obligations ...........cccccccccee 189 AVI. Papyri (general presentations of the law of D. Law of succession .........cccccccccccces (90 Greco-Roman Egypt, comprehensive biblioE. Civil procedure ........cccceccccscecceces U9 graphical surveys, introductory manuals) .. 805 III. Roman criminal law and procedure ............ 791 XVII. Collections of source material jor teaching IV. Roman public law (constitution, administration, PULPOSES .. ccc cesccccccccrccccecsseccecee OOS international relations) .........esesceseee (92 AVIUIL Collective works ......c.cccscscecceessscese ss 806

_ V. Miscellany (economy, public finances, social con- A. Studies in honor of scholars .............. 806 ditions, labor, industry, numismatics) ...... 793 . B. Studies published on particular occasions

VI. Legislative activity and legal policy of the (congresses, anniversaries) .............. 806 EMPCFOTS 2. cece cece ees c csc c secs cccececece LOE C. Collected works of individual scholars .... 807

VII. Probiems connected with the development of AIX. Encyclopedias, dictionaries, vocabularies ....... 807 Roman Law. Foreign influences .......... 795 XX. Bibliographies .............ccccccccccccccscess SOF

INTRODUCTION This Dictionary has several purposes : to explain tech- All the more important entries are encyclopedic as nical Roman legal terms, to translate and elucidate those well as lexicographical. That is to say, an attempt has Latin words which have a specific connotation when been made in each case to depict as succinctly as posused in a juristic context or in connection with a legal sible, the historical development of the legal institution institution or question, and to provide a brief picture of or term it defines, the use of certain words in the lanRoman legal institutions and sources as a sort of a first guage of the jurists or the imperial chancery, and par-

introduction to them. ticular attention has been given to important substantial The objectives of the work, not the juristic character changes from early law to classical law and again in the

of available Latin writings, therefore, determined the reforms of Justinian. Additional matter is indicated inclusion or exclusion of any single word or phrase. by cross-references, printed in smal! capitals. AnaloSince the Dictionary is not intended to be a complete gous terms and institutions are also noted by small capiLatin-English dictionary for all words which occur in tals, sometimes in the body of the text, sometimes at the the writings of the Roman jurists or in the various codi- end of an entry. (As a matter of course, with a few fications of Roman law, the reader must consult a gen- exceptions, every Latin word used to explain or illuseral Latin-English lexicon for ordinary words that have trate a term has its own entry even when that fact is no specific meaning in law or juristic language. In this not specifically indicated by the use of small capitals.) respect, as in others, the present work differs funda- Synonyms and antonyms are indicated in-many entries. mentally trom Heumann’s Handlerikon zu den Quellen Considerable attention has been given to the sources des romischen Rechts (in the excellent edition by Emil themselves. A large number of entries are devoted to Seckel, 1907). On the other hand, numerous entries them, ranging in time from the archaic regal ordinances concern words and phrases which occur only in non- (the leges regiae) to Justinian’s codification, and, in juristic sources, literary writings or inscriptions, but more limited measure, to post-Justinian Byzantine and which must, nevertheless, receive attention if the Dic- medieval writings and collections of laws. Basic defitionary is truly to survey all fields of the vast province nitions, legal rules of fundamental importance, and charof Roman law ; private, criminal, public, administrative, acteristic utterances of the jurists are given in literal sacral, and military law, taxation, etc. Many entries, translations within quotation marks, followed by a citafurthermore, deal with Latin terms of medieval or mod- tion of the pertinent source. Titles of the Institutes, ern coinage, unknown to the ancient Romans, but now Digest and Justinian’s Code or Novels that deal ex pro-

335 :

widely accepted in the Romanistic literature. fesso with a specific topic are noted at the end of the

336 ADOLF BERGER [TRANS. AMER. PHIL. SOC. entry. Substantial interpolations by which classical in- The second part of the bibliographical apparatus is Stitutions and terms were eliminated as well as the the specialized section, scattered throughout the Dicmore reliable linguistic criteria have been taken into tionary among the individual entries. Here, too, the

consideration. am was to satisfy both the beginner and the expert. irst place has been assigned to the renowned encycloBIBLIOGRAPHY . pedias: the Realenzyklopaedie der klassischen Alter-

The extensive bibliographical apparatus is intended tumswissenschaft (RE) of Pauly, Wissowa, Kroll. et al., for a wide circle of readers. For that reason, space has the Dictionnaire des antiquités grecques et romaines of been given to publications in English, many of which Daremberg and Sagiio (DS), the Nuovo Digesto Itamay be unknown to the international guild of Romanists, fiona (NDI), De Ruggiero’s Disionario epigrafico (DE) at the same time that works in other languages are fully and the very recent Oxford Classical Dictionary (OCD). repr esented in the interest of readers in other countries Then come the special monographs, periodical articles, and of students and research workers who have a mas- essays in volumes published in honor of, or in memory

tery of other languages. Stress has been primarily of distinguished scholars, congress publications, anniplaced on the international Romanistic literature of the versary papers, and the like. Frequent reference has twentieth century. Earlier works are cited only when been made to doctoral dissertations in various languages, they have remained standard treatments or did not lose since at the very least they provide good bibliographies. their importance despite later publications. All recent On rare occasions. special attention is drawn to reliable publications have been taken into account in so far as bibliographical references collected in other papers. In they were available. A few books that were not acces- general, an effort has been made in the individual biblisible to the author have been included after their useful- ographies to indicate appropriate sections within a larger ness was ascertained by correspondence with scholars work or: publications whose titles do not suggest a dis-

abroad. * cussion of the entry concerned. When the index word

To insure completeness and at the same time to avoid is mentioned in the bibliography it is frequently abbrewasteful duplication, the bibliography was divided into yiated to the initial letter. two distinct parts. A General Bibliography in twenty — Bibliographical omissions are unavoidable even when chapters appears as a block at the end of the Dictionary. remarkable papers are involved. I am confident, howIt comprises textbooks and comprehensive general pres- ever, that the selections scrupulously compiled will enentations, which as a matter of rule are not repeated in able the reader to find without any difficulty the literathe bibliographies appended to the single entries, and tyre Jeft out in this book. literature concerning general problems of the develop-

ment of Roman law, the sources and their editions, and GLOSSARY

the influence of Roman law on modern legal systems. A selected English-Latin Glossary is appended for the The Anglo-American reader will find Chapter X, “Ro- benefit of readers who have little or no familiarity with man Law and the Anglo-American World” of special Latin legal terminology. It includes the more imporinterest. It is a first attempt to provide an extensive tant terms in English whose Latin counterparts are not bibliography of works and articles on the part played by virtually the same. Thus, “sale” or “lease” are inRoman law in the development of the common law and cluded, but not “senate” or “consul,” “formula” or “exon the value of the study of Roman law in countries in ceptio.” Terms connected with administration are genthe sphere of Anglo-American law. Chapter XIV on erally omitted. The Latin words of the Glossary are Roman law in non-juristic sources, Chapter VI on the covered by pertinent entries in the Dictionary proper legal policies of the emperors, and Chapter XI concerned together with the cross-references. Thus the reader with the literature on the place of Roman law in legal will have the opportunity to become acquainted not only

| education, are also first attempts at systematic bibli- with the term itself but also its legal significance and

ographic treatment. appiications.

LIST OF ABBREVIATIONS ABayAW. Abhandlungen der Bayerischen Akademie der Wis- AnBari. Annalt della Facolta di gturisprudensa dell’ Untver-

senschaften (Munich). sita di Bari.

ACDR. Atti del Congresso Internazionale di diritto romano, AnCam. Annals dell’ Universita di Camerino. Sezione giuridica.

1933; Bologna 1-2, Roma 1-2 (1934, 1935). AnCat. Annali del Seminario giuridico dell’ Université di

ACIVer. Atti del Congresso Internazionale di diritto romano Catania. e di storia del diritto, Verona, 1948; vol. 1 ff. (in press). AnGren. Annales de ['Untversité de Grenoble. Section Let-

ACSR. Atti det Congressi Nazionali di Studs Romani. tres, Drott.

ADO-RIDA; see RIDA. AnMac. Annali dell’ Unsversita dt Macerata.

Aeg. Aegyptus. Rivista italiana di egittologia e di papirologia. AnMes. Annali dell’ Instituto delle Sciense giuridiche dell’

AG. Archivio gturidico. Universita di Messina.

AHDE. Anuario de Historia del Derecho Espasiol (Madrid). AnPal. Annali del Seminario giuridico dell’ Universita di

Am! Philol. American Journal of Philology. Palermo. : ANap. Atti dell’ Accademia di Scienze morali e politiche della AnPer. Annali dell’ Istituto giuridico dell’ Universita di

Societa Reale di Napoli. Perugia.

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 337 AnTr. Annali Triestini di dtritto, economia ¢ politica (a cura Mn. Mnemosyne. Bibliotheca philologica Batava.

dell’ Universita di Trieste). M ome ie ouseion. Rivista ds scienze classiche (Naples). Ant. Antonym. . Neove Digesto Italiano. AntCl. Antiquité Classique (Brussels). Nov. Novellae Instiniant.

APad. Atti del? Accademia scientifica di Padova. NRHD. Nouvelle Revue historique de droit francats et APrAW. Abhandlungen der Preussischen Akademie der Wis- étranger (since 1922 Revue historique ete. = RHD).

senschaften tn Berlin, pilose peach Nistorische Klasse.of OBnSR Poors PS reer enh R ArCP. Archev fir crvilistise rosis. rttSR. Papers the British School at ,:Rome. ASGichGW. Abhandlungen der Sachsischen Gesellschaft der Modena.

ArPap. Archiv fir Papyrusforschung. PubMod. Pubblicaziont della Facolta di giurisprudensa di Wissenschaften in Leipsig, philosophisch-historische Klasse. RAC. Reallesikon fur Antike und C hristentum. - _

tichstad (Pavia). e politiche.

Ath. Athenaceum. Studi periodici di lettere, e storia dell’ an- RBS G. Rassegna bibliografica delle sciense giuridiche, social:

ATor. Atti dell’ Accademia delle Scienze di Torino. RDCw. Rivista di diritto civile. AVen. Atti dell’ Istituto Veneto di Sciense, Lettere ed Arti. RDCom. Revista di diritto commerciale. BerSGchGW. Berichte der Sachsischen Gesellschaft der Wise RDNeav. Rivista di dtritto di navigasione. senschaften, Leipzig, philosophisch-historische Klasse. RE. Realensyklopadie der klassischen Altertumswissenschaft,

Bibl. Bibliography. ed. Paully, Wissowa, Kroll, Mittelhaus, and Ziegler.

BIDR. Bullettino dell’ Istituto del diritto romano. Ree. Recueil. del?Sciense Accod delle S be C. Codex Justinianus. ) sconts dell’ Accademia delle e Lettere CambLJ. Cambridge Law Journal. dei!’ Istituto di Bologna, Classe di scienze morali.

Pavia, 1934. ettere.

CeniCodPav. Per il XIV Centenario della codificasione giusti- RendLinc. Rendiconti dell Accademia dei Lincei.

nianea. Studi pubblicati dalla Facolta di giurisprudensa di RendLomb. Rendiconti dell’ Istituto Lombardo di Scienze e

ClJ. Classical Journal. RHD. Revue historique de droit francais et étranger (since

CiMed. Classica et Medievalia (Kopenhagen). 1922 continuation of NRHD). CIPhélol. Classical Philology. — —— _ RIDA. Revue internationale des droits de Vantiquité. Since ConfCast. Conferense romanistiche tenute nell’ Univ. di Pavia 1952 published under the title: Archives d’hisiotre du droit

nell’ anno 1939 a ricordo di G. Castelli, Milano 1940. oriental et Revue internationale des droits de l’antiquité (= Cc onfinst. Conférences fattes a institut de drott rom. en 1947, ADO-RIDA).

Paris 1950. _ RISG. Rivista italiana per le sciense giuridiche. . os oe SbBerl. Sitzungsberichte der Preussischen Akademie der WisCRAI. ComptesRendus de Académie des Inseriptions et des senschaften Berlin, philosopnisch~historische Klasse.

C ont Me. Conjerenze pel XIV Centenario della Pandette, Milan, RS:DIt. Rivista di storia del dirittto italiano.

Belles Lettres, ie SbHeid. Sitsungsberichte der Heidelberger Akademie der Wis-

CristDirPriv. Cristianesimo e diritto private. Pubblicasione dell’ senschaften, phil-hist. Klasse

Universita del Sacro Cuore, Milan, der 1935. . id ieee eeGesellschaft pe é oe , SbLeips. Sitzungsberichte Sdchsischen der D. Dioesta lustinsant. A . git ent , : SbMiinch. Sitsungsberichte der Bayrischen Akademie der Wis-

DE. Disionario epigrajico di antichita romane, ed. E. De _.,\ issenschaften in Leipzig.

DS. Bictonnaire des antiquités grecques et romaines, ed. Ch. senschaften, Miinchen, phil.-hist. Klasse.

Daremberg and E. Saglio. , S by ten. Sitzunosberichte der Akademie der Wissenschaften Et. Etudes. Ser aad behest €. Fg. Fest .SDHI. —— Fil. Il Flongieri StudiaOCrith. et documenta historiae et suris. FIR. Fontes Iuris Romani Anteiustiniani, ed. Riccobono, Ba- Sem. Seminar. An annual extraordinary number of The Jurist

. . in onore, in memoria, e like e

Morin Ferrini, Furlani, Arangio-Ruiz, 1-3 (Florence, 1940- si Saat D. C.). ra. and the like with the name

Fr. Vat. Fragmenta Vaticana. — of the scholar honored).

Fschr. Festschrift. StDocSD. Studi e documenti di storia e diritto.

GGA. Géttingische Gelehrte Anscigen. StCagl. Studi economico- giuridict dell’ Universita di Cagliart.

er. Hermes. sita di Pavia.

GrZ. Griinhut's Zeitschrift fiir das Sffentliche und Privatrecht SiPav. Studi nelle sciense giuridiche e sociali dell’ Istituto di

Pei sale esercitasioni presso la Facolta di giurisprudenza dell’ UniverHist. Historia. Studi storici per I’ antichitd classica (Milan). SiSas. Studi Sassoresi. Ih]b. Thering’s Jahrbticher fiir die Dogmatik des heutigen siSen. Studs Senesi.

romischen und deutschen Privatrechts. S1Urb. Studi Urbinati. IRS. Journal of Roman Studies. TAmPhilolAs. Transactions of the American Philological

Inst. I nstitutiones Iustiniani. . Symb. Symbolae.

JurR. Juridical Review. Association Kl. Kio. Bettrage zur alten Geschichte. S Synon °

KrV)j. Kritische Vierteljahresschrift fiir Gesetsgebung und TR. Tijdschrift voor Rechtsgeschiedenis (= Revue d'Histoire

y 6: eens Quertorly Review de droit (Haarlem—La Haye). Mel. Mélanges. ° Trad. Traditio. S tudtes in Anctent and Medieval History,

stituto dt Bol . ai - Tulane Lew Review.

MemBol. Memorie dell’ Accademia della Sciense ¢ Lettere del?’ ae and veneer (Washington, D. C.). Menta. * Memorie dell’ Accademia dei Lincei. Varia. Varia. Etudes de droit romain. Publications de l’ Institut VemLomb. Memorie dell’ Istituto Lombardo di Sciense e de droit romain de (Université de Parts, 1952.

Lettere. ZSS. Zeitschrift der Savigny-Stiftung fiir Rechtsgeschichte, Torsno. ZVR. Zeitschrift fiir vergleichende Rechtswissenschaft.

demTor. Memorie dell’ Istituto giuridico dell?’ Universita di Romantstische Abtetlung. ;

A _in more complicated legal and governmental matters. A. Abbreviation for adsolvo written by judges of crim- Later his title was magister a studiis. A similar

ee . iibler, RE 4A, 397; Chapot, DS 4, 1546; O. Hirschfeld,

inal courts (See QUAESTIONES ) on wooden tablets (see office may have been that of the a consilsis, . TABELLAE) to indicate a vote for acquittal. See Kaiserl. V erwaltungsbeamte? (1905) 332; Bersanetti, Epi. ABSOLUTIO. A condemnatory vote was expressed by . grapkica 9 (1947) 56.

the letter C = condemno (=I condemn). Incrimi- Ab actis. See acta. nal matters submitted to the popular assemblies (see Ab epistulis. The director of the imperial secretariat COMITIA) the abbreviations used were: L = libero for which was subdivided into two departments, one for

acquittal, and D =damno for condemnation. The Latin (ab epistulis Latinis) and one for Greek letters abbreviation NL (= non liquet) meant that the case = (ab epistulis Graecis). The office was concerned with was not clear to the voter.—See LIQUERE. . the private and official correspondence of the emperor, A. Abbreviation for entiquo, written by the partici- in both civil and military matters, and also with the pants in a popular assembly (see comMITIA) on wooden = appointment of military officers——See EPISTULA, tablets, indicated a vote against the proposed bill. SCRINIUM EPISTULARUM. Antiquo =I leave it in the ancient state, I reject. Rostowzew, RE 6, 210; Bloch, DS 2, 712; De Ruggiero,

On the contrary, the abbreviation UR = uti rogas DE 2, 2133.

(as you propose) was used for an affirmative vote. Ab intestato. See inTESTATUS.

—See LEX, ROGATIO. Abactor. See ABIGEUS.

A, ab. These prepositions appear in the official titles Abactus. A magistrate forced to resign his office by of the heads of certain divisions in the imperial chan- the decision of a popular assembly.—See LEx sEMcery; see the following items. Some of these officials PRONIA DE ABACTIS.

were later called magistri. Abactus partus. See PARTUS ABACTUS. A censibus. An official of the imperial chancery Abalienare. see ALIENATIO. The term is used pricharged with the examination of the financial situa- marily of Auenations through pane hun und tion of persons who aspired to admission to the sena- Roe Aritische 3 ety ares “ r Gesetsgebung u torial or equestrian rank. Such admission depended Letines 1956, 130 (= Nowoelles Etuder, 1948, 387). Pides

upon the possession of a considerable property —See ab gicatio, Renunciation, abandonment. In private CENSUS, ORDO SENATORIUS, EQUITES. law, the term is used of the renunciation of an inheri-

Kalopothakes, DE 2, 114. . ae tance or a guardianship (abdicatio tutelae). The

A cognitionibus. The chief of the division of the = as. ndonment of a child (abdicatio liberorum) by the imperial chancery concerned with judicial matters—- 4-44 of a family (pater familias) was forbidden by ce COGNITIO. . the law, as expressly stated by Diocletian (C. 8.46.6), De Ruggiero, DE 2, 320; v. Premerstein, RE 4, 220. but was nevertheless practiced. In public law abdiA commentariis. See COMMENTARII, COMMENTARI- catio indicates the resignation of a magistrate or an

official LIBERUM. from his post.—See EXPONERE AENSIS. consiliis.imperial See a STUDUS. A diplomatibus. Seeof DIPLOMA. & th Leonhard, RE li Neomann, RE 23 Ds 1; for3, ihelli ivision the imperial icatio tutelae:. Perozzi, 0 eee = Scritti A hecery re tea hall Kinds of petitions ad- 215) ; Solazzi, RendLomb $1 (1918) 873; idem, St. Pavia , . . 6 (1921) 116; Sachers, RE 7A, 1532; for abdicatio liberodressed to the emperor. His later title was magister rum: Dill, ZSS 63 (1943) 71.

libellorum.——See LIBELLUS. . Abigeatus. Cattle stealing (rustling) from a stable or

Thédénat, DS 3, 1174; v. Premerstein, RE 13, 15. pasture. Unlike an ordinary theft (see FURTUM) it A memoria. A high official of the imperial chancery =a prosecuted as a public crime (see CRIMINA PUBwho prepared the drafts for the emperor’s public LICA) and punished more severely——D. 47.14; C.

allocutions. . 9.37.

Bloch, DS 2, 723; Fluss, RE 15, 655. oo Hartmann, RE 1; Humbert, DS 1: Berger, Sem 2 (1944) A rationibus. The head of the division of the imperial 23. chancery which was concerned with the emperor’s Abigeus. A cattle thief, a rustler. Syn. abactor.—See financial matters and the control of the fiscal admin- ABIGEATUS.

istration throughout the whole empire. From the Abiurare. To deny a debt on oath; to hold back fraudtime of Claudius he was an official of the state and ulently.—See IrUSIURANDUM. not an imperial functionary.—See PROCURATOR A Wlassak, RE 1; D. Daube, Studies in biblical lew, 1947,

RATIONIBUS, RATIONES. 229. Rostowzew, DE 3, 133. Aboleri. See asotirio.

A studiis. An imperial official (from the middle of Abolitio. (From abolere.) In penal law, the annulthe first century) somewhat connected with the em- ment of an accusation and consequently of the whole peror’s judicial activity, probably his special counsel trial through deletion of the name of the individual 338

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 339 charged with a crime from the list of accused persons. be concluded inter absentes by means of a letter See accusaTio. Abolitio publica (= general aboli- (epistula) or a messenger (nuntius) —In Justinian’s tion) was ordered by the emperor on the occasion of rules on LONGI TEMPORIS PRAESCRIPTIO, inter praesome happy event or of thanksgiving festivities (gratu- sentes means that the owner of the immovable and the

latio). Withdrawal of the accusation by the accuser factual possessor live in the same province. Ant. inter (desistere) or his death produced abolitio. Aboleri absentes.—-See COMMEATUS, STIPULATIO INTER AB-

= extinction of the right of suing or prosecuting a = SENTES. .

person in civil or criminal matters-——D. 48.16; C. Wlassak, RE 1; Guarneri-Citati NDI 1 (s.v. assenza).

9.42; 43.45. Absolutio. (From absolvere.) Refers to a judgment Saglio. DS 1; A. Leschtsch, A. paschalis, Diss. Freiburg, by which the defendant in a civil trial or the accused in 1904; P. Dupare, Origines de la gréce dans le droit pénal a criminal one was absolved. In the formulary pro-

rom., 1942, 24. cedure the term was expressly used in the formula to

Abortio (abortus). Abortion. For abortio caused authorize the judge to render an absolutory judgment by a poisonous drink (poculsm abortionts), see (absolvito).—See SENTENTIA.

. VENENUM. ; Wlassak, RE 1; Leonhard, ibid.

Waszink, R.4C 1 (1950). _ Absolutorius. There was a maxim in classical Roman

Abrogare legem. To annul a statute in its entirety by law (Gai Inst. 4, 114) : omnia judicta absolutoria sunt an abrogating legislative act. .A law may also lose its = = al civil trials may lead to an absolution (of the binding force by disuse (pesueTupo) which is the defendant). If the defendant satisfied the plaintiff expression of a “tacit consent of the whole people” after LITIS CONTESTATIO but before the judgment

(D. 1.3.32.1).—See DEROGARE, — (SENTENTIA), the judge had to render an absolutory Absens, absentia. (In judicial trials.) The Twelve judgment. The rule was accepted by some jurists Tables already provided that the absent party auto- = only with regard to IUDICIA BONAE FIDEI, but by the matically lost the case to the party present. Under the second century it was generally recognized. formulary procedure a plaintiff who did not appear in Abstinere(se)hereditate. The praetorian law granted court was deemed to have renounced his claim. The the so-called suI ET NECESSARII HEREDES the right to

absence of the defendant in the first stage ot the trial reiuse the paternal inheritance (ius abstinendi) in before the magistrate (IN TURE) might under certain — order to avoid the acceptance of an insolvent inhericircumstances lead to the seizure oi his property; see tance which otherwise would fall to them automatiMISSIO IN BONA; his non-appearance before the judge cally.—C. 2.38.—See PRO HEREDE GERERE. (apud td icer ) might lead to his condemnation ; see Absumptio. See RES QUAE USU CONSUMUNTUR. CONDEMNATIO, CONTUMACIA, EREMODICIUM. The Aburnius Valens. A Roman jurist under Hadrian and

normal consequences of the absence could be annulled Antoninus Pius, author of an extensive treatise on by an extraordinary praetorian measure (RESTITUTIO fideicommissa. IN INTEGRUM ) if it was justified by important reasons Jors, RE 1 (no. 2); Orestano NDI 1. such as sickness, acting in the interest of the state, Abusus, See RES QUAE USU CONSUMUNTUR. and the like. ts Kigp. RE 6. 417: Flinianx. £1 Cirerd 1 Abuti. To abuse, to make bad use of a thing or a right. 1912; Solazzi, St. Simoncelli, 1917; sdem, Concorso det particularly with the intention to harm another. See

, 417; Fliniaux irerd 1, . ; : ; _

creditor’ 1 (1917) 66, 70 (Bibl.). we riccoteas, BIDR 46 (1939) 1: Appleton. Rev. oénérale d

Absentes, absentia. Persons absent enjoy a particular droit. SC 1931) 115. (1959) 1; Appleton, Kev. générale dx protection in cases in which the defense of their rights Accensi, Non-armed soldiers without any property

required their presence. The remedies were various. qualification. They were mustered into a special In the case of justified absence the praetor could annul CENTURIA and formed a reserve troop which in battle by means of RESTITUTIO IN INTEGRUM any rights ac- —tagk the place of fallen legionaries. Syn. velati (=

quired to the prejudice of the absent person; see the clothed with a military cloak).—Accensi were also foregoing item. Property of persons absent in service the orderlies of higher magistrates (with imperium). of the state (such as governors of provinces, officials, Cichorius—Kubitschek, RE 1; Humbert—De la Berge— soldiers) could not be acquired by usucario. Such Saglio, DS 1; De Ruggiero, DE 1; Vogel, ZSS 67 (1950)

persons were also excused from civil charges, as 86. .

TUTELA, CURA. A particular defense was granted to Acceptilatio. An oral form of dissolving oral obligaRoman citizens who became prisoners of war. See tions, according to the rule that obligations contracted CAPTIVI, POSTLIMINIUM. In contractual relations the verbis had to be dissolved in the same way (orally).

absence of the creditor does not interrupt the pre- The stipulatory debtor asked his creditor: “What I scription of his actions. The distinction absentes— promised to you, have you received it (habesne acpraesentes is of importance in the conclusion of verbal ceptum)?” The latter answered “I have (habeo).” and consensual contracts : whereas the former require Later, Greek words were admitted. In order to disthe presence of the contracting parties, the latter can solve an obligation other than an oral one by accepti-

340 ADOLF BERGER [TRANS. AMER. PHIL. SOC. latio, which was the safest form of receipt, the parties Accursius. A famous glossator (1182-1260), profestransferred the obligation into a stipulatio to which sor at the law school in Bologna. He compiled the an acceptilatio was afterwards applied. This exten- glosses of other glossators (see GLOSSATORES) in a

sion of acceptilatio was introduced by the jurist general collection called glossa ordinaria. AQUILIUS GALLUS who composed the formula of the Monti, NDI 1; E. Landsberg, Die Glosse des A., 1883; novating stipulatio, called stipulatio Aquiliana.—D. Genzmer, Fschr Wenger 2 (1945) 223; Torrelli, RStDIt 7

46.4; C. 8.43. C1954) 48.

Leonhard, RE 1; Natalucci, NDI 1; De Ruggiero, Seritti Accusatio. (From ace usare.) Except for a few ine A. Marghieri (1921) 415; Wlassak, ZSS 42 (1921) 394; stances of a civil nature this means accusation in Bohacek, daft ll ¢ oy 379 Cugia, it: somstions com- criminal affairs in the Roman criminal procedure of Bonolis I (1942) 247; Michon, Rec. Gény I (1934) 42; ‘He last century of the Republic. Prosecution began Solazzi, Estinsione dell’obbligasione T? (1938) 246; P. at the initiative of a citizen (not a magistrate) who Meylan, 4. et paiement, 1934; G. Lombardi, Ricerche in assumed the role of the accuser by denouncing the tema di ius gentium 1946, 185; Daube, ZSS 66 (1948) 119. wrongdoer and filing a charge against him with the Accepturn habere. See AcCEPTILATIO; syn. acceptum chairman of the competent criminal court (quaestio).

aratur, ; idem, St. Mancaleoni, » LLL; idem, St. . :

facere, accepto ferre. This first step of the accuser was called nomen deferre

Acceptum rogare. The debtor’s question in ACCEPTI- (nomints delatio), he being the delator (denouncer).

LATIO. If the magistrate accepted the accusation (nomen re-

Accessio. (From accedere.) The union of one thing cipere), normally presented by writing (libellus accu(land or movable) with another either by natural satorius), he ordered its registration (imscriptio) -in forces or artificially (mechanically, iungere) so that the official record of persons to face a criminal trial. they form an organic unity (a whole, accessio mate- The accusatio could be supported by the signatures

riae). The cases of accessio were very manifold. If (subscriptio) of additional accusers. In order to the things mixed, melted, woven, etc., belonged to prevent malicious accusations, an oath (IURAMENTUM different owners, the question of ownership over the CALUMNIAE) was imposed on the accuser.—In civil new whole might involve difficulties. A general rule matters, accusatio is used in connection with a guardwas that when one of the things was only an accessory ian alleged to be dishonest or negligent (see TUTOR of the other, the ownership of the latter was decisive. SUSPECTUS), with a freedman, ungrateful to his patron Outward appearance, usage or custom determine §§ (see INGRATUS), and with an undutiful testament (see which was principal and which accessory.—D. 22.1. QUERELA INOFFICIOSI TESTAMENTI).—D. 48.2; C. —See FERRUMINATIO, INTEXERE, LITTERAE, PICTURA, 9.1; 2.——See CALUMNIA, CAPITIS ACCUSATIO, EDICTUM

PLANTARE, SUPERFICIES, EXHIBERE. CONSTANTINI, PRAEVARICATIO, TERGIVERSATIO, REPELeonhard, RE 1; Baudry, DS 1; Sanfilippo, NDI 1; Rieco- TERE ACCUSATIONEM.

bono, AnPal § (1917); Guarneri-Citati, AnMae 1926, Leonhard, RE 1; Vinet, DS 1; Lauria, NDI 1; idem, 1929; idem, AnMes 1927; AnPal 14 (1930). A.-inquisttio, ANap 56 (1934); Wlassak, SéWien 184. 1 Accessio possessionis. Addition of possession. In (1917), 194 (1920); Hitzig, RE 4 (s.v. delatio nominis). some particular cases (LONGI TEMPORIS PRAESCRIPTIO, Accusator. An accuser in a criminal trial. USUCAPIO, INTERDICTUM UTRUBI), the periods of pos- Accusatorius libellus. See Accusario.

session of two or more successive holders were added Acilius (Atilius ?), Lucius. A jurist of the early sectogether to the benefit of the last one. Syn. accessto ond century 8.c., author of a commentary on the

temporis. : Twelve Tables.

Se AR TG EL AF RMN RE Le cm

225; Ratti, St. Bonfante 1 (1930) 263. Acqu-. Ree ADQU-. fei ; ;

Accessio temporis. See ACCESSIO POSSESSIONIS. Acta. scores orem uP by 0 as ‘before te their

Accipere iudicium. See IUDICIUM ACCIPERE. a and pr bi dine d at ve oped Fort em di. Acclamatio. A demonstration of esteem and friendly id uals Sonat incng fons © 4 Pr tore re feeling in the form of fixed cheers, tendered to high vi a ( ny Se , ead etc. ) made betore ; om magistrates and later to the emperors when they ap- ve “ ' ae *). th yn. gesta, sant bind o deeds art.

peared in public on certain occasions. A victorious ered erm he . Pee in tates of binding , "4b general was acclaimed by a loud salutation when he tere _nto are is in later we officials concen

entered the city of Rome in triumph. In the senate, aed = 8 gen een the bo joemed oratio (see ORATIO PRINCIPIS). ‘It was considered a = “ODN oy MeL, We ces).

acclamation was a sign of approval of the emperor’s wi in {secremries ~ Paha ae, the subordinate per-

. : Weiss, RE Suppl. 7 (s.v. geste); —See TRIUMPHUS. Caesaris. Acts performed i ,fe3 io,Acta ; ~~ RAC 1 . or ordered by an emvote and noted in records of the senate (acta senatus). Humbert, DS 1; De Ruggiero, DE 1.

Pips) ey Decaat, B j Saglio , apie 7 (1892) 429: peror before his death. They had to be respected by Seeck, Rheinisches Jfuseum 48 (1893) 199; O. Hirschfeld, his successor who was obliged to take an oath to that Kleine Schriften, 1913, 691; Charlesworth, JRS 33 (1943). effect upon accepting the throne. Me-

Aa ma tne. nm castris = during the tary service, REGULA CATONIANA.

Domaszewski, RE 3; De Ruggiero, DE 2; Saglio, DS 1, Tore, Rae ey eaenschalt (IES) 287, 2835 Me

. .imperial ae . upo. An inn-keeper. He assumed liability for eunuch. legislation the early Empire as 'The : things left in hisofcustody by anosagreement, receptusn

Castratio. Emasculation, castration. Castratus = catonana regula. see REGULA CATONTANA, CATO.

(Domitian, Hadrian)The tried to suppress custom ‘. . é - es | . cauponum. praetorian Edictthis fixed the pertinent since prohibition of castratio was repeated sev- ; . . the keepers of public stables—D. 4.9; 47.5.—See REeral times and the penalties were constantly aggra- CEPTUM NAUTARUM

practiced primarily on slaves, but without success, rules equally to the responsibility of ship-owners and

vated, until Constantine and later Justinian, imposed :

the death penalty.—C. 4.42.—See EUNUCHUS. Causa. One of the vaguest terms of the Roman

Hitzig, RE 3; Humbert, DS 1. Juristic language. Starting from the basic we it ic Castrense peculium. See PECULIUM CASTRENSE. o y dif vent ee mn Thos ? ausa indicates « legal

Castrensiani. Servants and subordinate employees in very ciiterent senses. rf

. imperial . 72 ; situation in such phrases as in eadem causa est, or the household. Syn. familia castrensis.— : C s th f hich See MINISTERIALES.—C, 12.25. alta causa est. Causa is the reason tor w’ somes Ensslin, RE Suppl. 6, 493; Dunlap, Univ. of Michigan judicial measures (actions, exceptions, interdicts ) Studies, Humanistic Ser. 14 (1924) 215; Giffard, RHD were introduced by the praetor. C. ausa is also the

14 (1935) 239. purpose for which an action is brought in a specific

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 383 controversy, or a legal disposition is made (causa DONATIO, LEGATUM, USUCAPIO PRO HEREDE are so dotis, causa legati). Not infrequently causa refers to named.—See RES LUCRATIVAE, the trial itself or the matter from which it originated ; Di Marzo, BIDR 15, 17 (1903, 1905). see CAUSAE COGNITIO. Sometimes causa is roughly Causa manumissionis. See CAUSAE PROBATIO, MANU-

identical with ANIMUS when it alludes to the sub- MISSIO, jective motive, intention, or purpose of a person. Causa pecuniaria. A judicial matter in which the issue In this sense its use is simply unlimited because it may is the payment of a sum of money (debts, damages, be applied to elements recognized by the law as well as fines). Ant. CAUSA CAPITALIS, CRIMINALIS. to inducements which are immoral and condemned Causa poenalis. See ruDICIA POENALIA, POENALIS.

by law (causa turpis, iniusta, illicite, and similar). Causa possessionis, traditionis, usucapionis. See Causa receives a specific juridical content when it POSSESSIO, TRADITIO, USUCAPIO. implies the legal title or foundation on which a per- Causa turpis. See CONDICTIO OB TURPEM CAUSAM. son bases its claim against another or a legal situation Cansae coactio. See CAUSAE CONIECTIO.

18 created, as, ¢.g., in phrases like COuSO venditionts, Causae cognitio (causam cognoscere). The judicial donationis, hereditarta, legat:, fidetcommissi, tudicats examination of the case, particularly of its factual

etc. In certain legal institutions cousa, sic! background in the course of the proceedings, both in when qualified as iusta causa, acquires a specific col- the first stage of the trial before the magistrate (in

oration, as in TRADITIO, USUCAPIO, MANUMISSIO, etc. jure) and in the second (apud iudicem) before the

In the domain of the law of contracts, i.e., in beaters private judge. Several ordinary and extraordinary transactions, the Romans did not elaborate a a eith measures to be ordered by the judicial magistrate. doctrine of causa. There are mentions of causa wi as, e.g., IN INTEGRUM RESTITUTIO, MISSIONES IN regard to some specific contracts, but a general theory = poccessionEM, CAUTIONES, could be applied only

can hardly be drawn out. Finally, with rererence tO causa cognita, i.e., after a thorough causa cognitio. certain things (land, slaves) when their restitution Ant. CITRA CAUSAE COGNITIONEM.

cum sua causa is involved, causa means the acces- Wassak, RE 4, 206; Lévy-Bruhl, TR 5 (1924) 383; sories, proceeds, fruits, or the child born of a slave. M. Lemosse, Cognitio, 1944, 185. See the following items.—See CADERE CAUSA, FALSA Causae collectio. See the following item.

CAUSA, IUSTA CAUSA, and the following items. . Causae coniectio. A summary presentation of the

Leonhard, RE 3; Brunelli, NDI 3; Boniante, Ser. giur. ° . . :

3. 125; V. A. Georgeseu, Le mot cause dans le latin juri- case beiore the juror (1uDEx) by the parties or their

dique, Jasi, 1936 (reprinted in Et. de philologie juridique, advocates. Syn. causae collectio. :

3; 1, . [stitusioni 22; Mini- : . .

Bucharest, 1939) ; De Bois: }uzan, De ao roan ar, froncais, Wlassak, RE 4 (s.v. consectio).

toni Rev Bt Lounes 21 ( 1943/4) 82; De Sarlo, BIDR Cauvsae probatio. A special procedure designed to 51/2 (1948) 99; P. J. Miniconi, Causa ef ses dérivés, | ¢Xamine certain factual elements in matters involving Thése, Paris, 1951; F. Schwarz, Die Grundlage der Con- | Roman citizenship or personal status. Erroris causae

dictio (1952) 120. probatio:. when a marriage was concluded in error

Causa cadere. See CADERE CAUSA. by persons of differing legal starus. Anntcul: causae Causa capitalis. A criminal matter or trial in which probatio: a LATINUS IUNIANUS, who had been freed the loss of the defendant’s caput (life, freedom or before the age of thirty and had married a Roman Roman citizenship) was at stake. Syn. res capitalis, woman, acquired Roman citizenship if there was a

crimen capitale; ant. causa pecuntaria. one-year-old child born in this marriage. The wite

.E. Levy, Die rom. Kapitalstrafe, SbHeid 1931. and child became Roman citizens too. Also in some Causa cognita. See CAUSAE COGNITIO, PASSIM. exceptional cases of MANUMISSIO (of a slave under

Causa criminalis. A judicial matter connected with thirty years or as a token of particular gratitude) the

a crime. fairness of the motives was examined by the compe-

Causa Curiana. See CURIANA CAUSA. tent official through a causae probatio.—See sENATUS-

Causa iudicati. See IuDICATUM. CONSULTUM PEGASIANUM. Pflueger, ZSS 43 (1923) 153. Leonhard, RE 3; De Dominicis, dnPer 58 (1947-48) 109. Causa liberalis. A trial in which the question whether Causarn perorare (orare). To argue the case before

an individual was a slave or a free man, was involved. the judge (see IUDEX). , Syn. iudicium liberale—D. 40.12; C. 7.16—See Causa perpetua. See PERPETUA CAUSA. PRAETOR DE LIBERALIBUS CAUSIS, ORDINARE LITEM, (Causaria. See MISSIO.

VERGINIA. . . Causas agere. See the following item.

UoeGF 2a rf eae ttee Ee a ariger, aia aa Causas dicere. To plead the causes of others before

Latines, 20 (1942) 106 (= Fas et ius, 1948, 187) ; Di Paola, the courts as an advocate. Hence causidicus = the

AnCat 2 (1948) 266; Van Oven, TR 18 (1950) 159. advocate. Syn. causas agere, orare. Causa lucrativa. A matter in which one acquires a Causidicus. See CAUSAS DICERE, ADVOCATUS. thing without any reciprocal, equivalent expenditure. Kubitschek, RE 3; Conrat, Méi. Fitting I (1907) 303.

384 ADOLF BERGER [TRANS. AMER. PHIL. SOC, Cautela. Used by Justinian’s compilers in lieu of put any obstacle in the exercise of the servitude.—

cautio.—See CAUTIO. See VINDICATIO SERVITUTIS.

Guarneri-Citati, Indice® (1927) 16. Cautio de rato (cautio ratam rem dominum habi-

Cautio. Denotes the obligation assumed as a guaranty turum). A cautio given in a trial by a representafor the execution of an already existing obligation or tive (procurator) of the creditor to the effect that of a duty which is not protected by the law. The the latter (the principal, dominus negotii) will apsimplest form (nuda cautio) is a promise by a mere prove of what his procurator had done and will not Sstipulatio (nuda stipulatho, repromtssio) which gives sue the debtor a second time in the same matter. the creditor the advantages of a stipulatory obliga- Tutors and curators as well had to give such a tion. Other forms were a pledge (pignus or hypo- security in the name of their wards. In later law theca) or guaranty assumed by a person other than the cautio de rato was required only when there were the principal debtor (a surety). “A thing gives more reasonable doubts about the powers of the representasecurity than a person” (D. 50, 17, 25). Also an tive (for instance, in the case of absence of the prinoath (cautio turatoria) was used to strengthen an cipal—-See PROCURATOR, TUTOR, CAUTIO AMPLIUS

obligation. For the different application of cauttones, NON AGI.

which frequently are called simply stipulationes, see Palermo, op. cit. 23. the following items. Cautio is also used to indicate Cautio de servo persequendo. A security given by a a written declaration of the debtor confirming his person holding another’s slave for the pursuit of the obligation and issued for the purpose of evidence. latter in case he would run away.—See SERVUS FUGI-

For the application of cautio with reference to a TIVUS. preceding stipulatio, see CAUTIO STIPULATORIA.—See Cautio ex lege Falcidia. “A security given the heir by STIPULATIO, SATISDATIO, IDONEUS, REPROMISSIO. the legatee to return what he might receive beyond Leonhard, RE 3; Humbert, DS 1; Laborderie, Revue the limits established by the lex Falcidia.—See Lex générale de drott 33 (1909) 439; A. Palermo, Il procedi- FALCIDIA.

mento cousionale nel dir. rom., 1942. i, Cautio ex operis novi nuntiatione. See opEeRis Novi Cautio amplius non agi (peti). A cautio given by MUNTIATIO. the plaintiff who acts on behalf of another person aS Gantio fructuaria, See CAUTIO USUFRUCTUARIA

his procurator (procuratorio nomine) to guarantee (syn.). the defendant that he would not be sued for the same Cautio indemnitatis. A security given a person that claim again by the princ:pal.—See seen orrceda he would not suffer any loss or damage from a transDebray, N ae (1912) 3; A. Palermo, Procedimento - action or an event which may happen. Cautio damni infecti. A security given against ap- Brunelli, NDI 3; Duquesne, Mél Gerardin, 1907; idem, prehended damage. The pertinent stipulatio created Mél Fitting 1 (1907); Palermo, op. cit. 22; P. Gay-

. . s ; ol. . autio iudicatum solvi. See rupICcATUM.

a legal tie between the owner of the immovable threat- Lugny, C.is., Thése, Paris, 1906. ened and the owner of the adjacent building the run- Cautio iudicio sisti. A security given by the defendant down conditions of which endangered the former's _—to appear in court.—See VADIMONIUM, EXSECUTOR.

property. If the cautio damni infecti was refused Cautio iuratoria. The strengthening of an obligation and later damage was really done, the praetor granted = by oath —See IUSIURANDUM, CAUTIO.

the owner of the damaged property an action with a Cautio legatorum nomine. A security given by the fictitious formula based on the fiction that cautto heir that all that the testator ordered in connection damni infecti had been given.—D. 39.2.—See pam- with a legacy would be fulfilled. In the case of reNUM INFECTUM, MISSIO IN POSSESSIONEM DAMNI IN- fusal by the heir to assume this obligation by stipu-

FECTI CAUSA. latio the legatee might ask the praetor to be put in

G. Branca, Donno temuto, 1937; Palermo, op. cit. 35. possession of the heir’s property (mtssio in possessiCautio de bonis (dotibus) conferendis. A cautio by onem legatorum servandorum causa) .—See LEGATUM, which an emancipated son or draughter promised to MISSIO IN POSSESSIONEM. accomplish their duties of collatio—See COLLATIO Palermo, of. cit. 41, 93; Solazzi, RISG 86 (1949) 38.

BONORUM, COLLATIO DOTIS. Cautio Muciana. A security given by a legatee (exA. Guarino, Collatio bonorum, 1937. tended later to heirs) to whom a legacy was beCautio de dolo. See DOLUS, STIPULATIO DE DOLO. queathed under a negative condition that he would

Cautio de evictione. See EVICTIO. not do a certain thing. The fulfillment of such a

.Cautio de non amplius turbando. A cautio given by condition could be established only at the death of the defendant in an ACTIO NEGATORIA to the effect the legatee. In order to give the legatee the opporthat he will not disturb the owner of a plot of land tunity of receiving the legacy during his lifetime this by claiming a servitude thereon. A similar cautio cautio was introduced (by the Republican jurist is given in an acto confessoria to the beneficiary of ©. Mucius Scaevola) by which he obligated himself a servitude by the defendant binding himself not to not to act against the condition imposed. If, despite

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 385 this promise he did the act forbidden, he was com- Cautum (caveri) iubere. The order of the praetor to pelled to return all that he benefited by the legacy give security (CAUTIO). Ant. cautum denegare.

including the profits (fructus). Woess, ZSS 33 (1933) 378; Palermo, Procedimenio Kubler, RE 16, 445; Bozzi, NDI 3; Levy, ZSS 24 (1904) causionale, 1942, 62.

(1927) Seine, SDHI 1944) ) ee Zs S47 Cavere.ne To give security through a cauTio (stipu2 ; 607 Solazzi, ; B.0 ‘Biondi, Sueces-

None sestermentaria’ 1943, 543; idem, BIDR 49-50 (1947) _ ‘@Ho, pignus, surety).—See TONEUS.

24). Cavere. (When referring to the jurists’ activity.) Cautio pro praede litis et vindiciarum. A security Drafting agreements (sponsiones, manctpationes) and connected with the proceedings with sponsio (acExe last wills which the jurists composed upon request of PER SPONSIONEM) and given by the party who re- private individuals. ceived the temporary possession of the object in dis- Leonhard, RE 3, 1085 , Berger, RE 10, 1162.

pute, in order to guarantee its restitution together with Caveri. (When referring to provisions of statutes the fruits in the case he lost the suit—See PRAEDES (“lege cavetur”], senatusconsults, etc.) The statute

LITIS ET VINDICIARUM. ; (senatusconsult) provides that... . With reference

Palermo, op. cit. 21. to last wills and testaments caveri denotes the dis-

Cautio ratam rem dominum habiturum. See cautio _— positions of the testator.

DE RATO. Cedere. (Transitive.) To cede, transfer to another a

Cautio rei uxoriae. A stipulation concerning the resti- right or an action or to constitute a servitude (cedere

tution of the dowry in case of divorce.—See Dos. usumfructum, aquaeductum, etc.) in favor of anCautio rern adulescentis salvam fore. See the fol- other.—See CESSIO.

lowing item. Cedere. (Intransitive.) With regard to terms fixed Berger, RE 15, 1878. for the fulfillment of an obligation: dies cedit means

Cautio rem pupilli salvam fore. A guaranty given the day “on which the sum is beginning to be owed”; by the guardian to the effect that his administration dies venit = the day “on which the sum due can be of the ward's patrimony will not prove detrimental demanded (sued for)” (D. 50.16.213 pr.). For

to it. Testamentary guardians were free trom giving legacies, see DIES CEDENS. : such a security. A similar cautio (rem adulescentis Cedere actione (lite). To recede from, to withdraw, salvam fore) was imposed on the curator of a minor. an action. Svn. desistere.

—Inst. 1.24; D. 46.6; C. 5.42.—See TUTELA, CURATOR Leonhard. RE 3. |

achers, , ; H. Wermuller, Con ton ‘ .

ee eechen: RE 7A. 1569: H. Wermuller, Contribution 2 Cedere actionem. See cessio. Phistoire de Pactio tutelae, 1901; Rotondi, Scritti 2 (1922, Cedere bonis. See cessto sowoavae.

ex 1912) 268; Palermo, of. cit., passim. Cedere foro. To leave the forum, ie., when a moneyCautio stipulatoria. (A non-Roman term.) A writ- banker (nummularius) gave up his place of business ten declaration by a debtor confirming that he as- on the forum because of bankruptcy. sumed an obligation through stipulatio. The frequent Cedere in fure. See 1n 1URE CESSIO. usage of such documents in postclassical development (Celjeres. Cavairymen in the earlier times. They were influenced the transformation of the sti pulatio into a organized in three centuriae, each recruited from one

written form of promise since the legislation of the of the original three Roman tribus, and were comlater emperors considered a written declaration of manded by tribuni celerum.—See TRIBUS, RAMNES. promise a sufficient proof that an oral stipulatio had Kibler, RE 6, 272; Saglio, DS 1; Berger, RE Suppl. 7,

taken place regardless of whether this has happened 397 (sv. Lex Iunia).

or not.——See STIPULATIO. Celsitudo. An honorific title of the emperor (celsitudo

olf; > £1. cer, De anttken Gruna- ‘7 : . . “ .

| Paton, NHRD 33 § 1909) $38: Riccobono, 258 35 c i914) imperatoria). The emperors addressed the praefecti lagen der frikmittclolicrlichen, Urkande, 1927, 83; Pp, Praetorio in rescripts with celsitudo (“your highCollinet, Etudes historiques sur le droit de Justinien 1 -‘NESS”)——Syn. AMPLITUDO. (1912) 59; V. De Gautard, Les rapports entre la stipu- P. Koch, Bysantinische Beamtentitel, 1905, 108.

lation et Pécrit stipulatoire, Thése, Lausanne, 1931; A. Celsus, P. Iuventius. A prominent Roman jurist of

Segré, eg 25 (1945) 65. the first decades of the second century after Christ.

Cautio suspecti heredis. See sATISDATIO SUSPECTI He succeeded his father, P. Iuventius Celsus the

HEREDIS. , Older, a less known jurist, in the leadership of the

Cautio usufructuaria. A security given by the usu- Proculian School. Celsus was praetor, consul and fructuary to the owner of the res in usufructu to member of the Emperor Hadrian’s council. Among guarantee that he would fulfill his duties and would his works Digesta, Epistulae and Quaestiones are of

not abuse his rights as an usufructuary.—D. 7.9. a high value.

R. de Ruggiero, St Scialoja 1 (1905); Grosso, 4 Tor 72 Diehl, RE 10, 1363; Orestano, NDI 3; Gianturco, Si Fadda

(1936) ; Palermo, op. cit. 39, 102. 5 (1906); F. Stella-Maranca, Intorno ai frammenti di Cautio vadimonium sisti. See vADIMONIUM. Celso, 1915.

386 . ADOLF BERGER (TRANS. AMER. PHIL. SOC, Censere. Used for the resolutions of the senate (sena- the estimation of their property and their.assignment tus censust or censuerunt [sc. senatores)]). Censere, to CENTURIAE. Upon summons by the censors the with reference to censors and their subordinates, in- head of a family had to appear before them and make dicates the activity connected with the evaluation of a declaration under oath (professio censualis) con-

the citizens’ property for tax purposes. cerning his family and property. Taxation (as long

Censitores. (Syn. censores.) Appraisers, special of- as direct taxation in Italy existed, ie., until 167 ficials in the later Empire sent to provinces for the B.C.) followed the evaluation of the property. By purpose of estimation of landed property in connec- an edict preceding the census (lex censui censendo),

tion with the assessment of taxes.—C. 11.58. the censors announced publicly the principles to be Censitus. (From censert.) A taxpayer whose prop- observed in making the returns required, and the erty has been estimated and charged with a land-tax. rules they would follow in the evaluation of the Later, the payer of a poll-tax was also called censstus. moral conduct of the citizens—-See NOTA CENSORLA,

Ant. incensitus.—C. 11.48; 50. FORMA CENSUALIS, A CENSIBUS. Census is also the Censores. Censorship was created in 443 s.c. as a term for the list of the taxpayers——D. 50.15; C. non-permanent magistracy. Censores were elected 11.58; 49.

once in five years (LUSTRUM) and were in office for rere RE i Seek * 5, 1184 B enw. RE eighteen months. Thus through three years and a BIDR 13 (1000) 203° Canine Re p arctalo,

ra nee, ee po enmars ay aad Ging that _ 90,73 Born, Cla Wer 45 (81/2) 158 chiefly the consuls. The censores had no imperium, Census tees by the ceasere on of cavalrymen and and yet their authority was exceptionally great SO Centenarius. An official with a salary of 100,000 that even ex-consuls competed for censorship. Their sesterces (since the time of Hadrian). Also a priordinances were valid for the whole quinquennial vate individual with a property valued at the sum period until the appointment of new censors. Their mentioned above. most important tasks were the preparation of the Contesima, (Se. usura.) One per cent interest per CENSUs and making the list of the senators (LECTIO month, ie, 12 cent annum.—See USURAE

senatus). For further functions of the censores cENTESLMAe per Per

and various problems connected with censorship see Kubitschek, RE 3; Humbert, DS 1. CURA MORUM, NOTA, LEGES CENSORIAE, TABULAE CEN Centesima rerum venalium. A tax on sales at aucSORIAE, LEX DE CENSORIA POTESTATE, LEX AEMILIA, tion (one per cent) introduced by Augustus, reduced LEX OVINIA, LEX PUBLILIA PHILONIS, TRIBUS, CENSUS by Tiberius to ducentesima (one-half per cent), then

EQuITUM. The censorship lost its importance in the again restored as centesima. tate Tse cent after Christ. DS 1: Manea, NDI 3; Kubitschek, RE 3; Moscheila, NDI; Rostowzew, DE 2, De Ruggiero, DE 2 Traves, OC M. Nowale pe Rae ae -rod Et. historiques sur les impéts indirects a trafverhdngungen derD;c., Diss. Die Bres ; O. Zur eek "ler rom. Zensur 1 (1909 Y' E. Schmahling, Centonarii. Voluntary firemen.—See FABRI.

Die Sittenawfsic der Zensoren, 1938; Klotz, Rheinisches C H. court J. ra annefor and mane R., 1938, 73.inuseum ologte, ; , entumviri. A special concerning 104; RV. Cram, Harvard St of Class. Philology 51 — heritances and property affairs (vindicationes) of a

(1940)Fschr 71; A. Calderini, censura Roma 1944;panel cherwas valcompo Th . sed Siber, Schulz 1 (1951)La 466. higher in value. Theantica, centumviral Censorius. (Adj.) Connected with the office and gimally of 105 jurors (3 from each of the 35 functions of the censors—See NOTA, LEGES CENSO- T#IBUS) divided into groups (tribunaiia). Later

RIAE, LEX DE CENSORIA POTESTATE. their number increased to 180. After the normal

os ed from the centumviral

Censorius. (Noun.) An ex-censor. procedure i ture (before the magistrate) the mat-

Censu manumissio. See MANUMISSIO CENSU. ter went to a court select =

Censuales. Officials of the later Empire, in Rome and _—‘iSt--_-:«~‘The form of proceeding before the centumuiri Constantinople, subordinate to the praefectus urbi and was always the legis actio, even when this form was

concerned with the taxation of senators and various © senerally substituted by the formulary procedure. other matters, similar to those which in the Republic The centumvirs disappeared in the third century belonged to the tasks of cediles (games, administra- nel Christ.—See LEX CREPEREIA, HASTA, FROVO-

tion of public buildings, survey of students studying . ; ;

in the capital, police functions, and the like). In Nisseanid RE S. So ocn , rater eae i: De other cities censuales were primarily active in making bunal des c., 1904; Jobbé-Duval, NRHD 28-29 (1904-

taxation lists—-See MAGISTER cENSUS.——C, 10.71. 1905) ; F. Bozza, Sulla competensa dei c., 1928; Koschaker,

Seeck, RE 3. . ZSS 50 (1930) 679; M. Nicolau, Causa liberalis, 1933, 35.

Censualis. (Adj.) See CENSUS, FORMA CENSUALIS. Centuria. Tradition ascribes to the king Servius TulCensus. The registration of citizens combined with lius the organization of the Roman people (well-to-do

VOL, 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 387 men, capable to military service) in centuriae (units place (see ACTIO DE EO QUOD CERTO LOCO), etc.—See of about a hundred persons) which assembled in so- CONDICTIO CERTAE PECUNIAE, CONDICTIO CERTAE REI. called COMITLIA CENTURIATA. The connection of this Cessare (cessatio). When referring to actions, proce-

political retorm with the military formations 1s ob- dural measures, or statutory provisions, to become

vious. This tradition is rejected by many scholars inapplicable, unsuitable, to lose validity. When as unreliable. As a military unit the centuria is a used of a person bound to do something (a guardian, group of one hundred (later less) soldiers, under procurator, debtor) = to neglect, to fail to fulfil his

the command of a centurio. In later development duties.

sixty centuriae formed a legion-—-See COMITIA cEN- Cessicius tutor. See TUTOR CESSICIUS, IN IURE CESSIO

TURIATA (Bibl.), PROLETARII. TUTELAE.

Kubitschek. RE 3; Humbert, DS 1; Moschella, NDI 3; Cessio. The transfer of a creditor’s rights to another ze Ruggiero, DE 2 i Prreai-rieat cD 5 AL Rosenbere, person. It was not directly feasible in Roman classi‘mento centuriaie, St storie per Tantichita clessice § © law. The obligatory relationship (obligatio) was (1912); Arangio-Ruiz. Lo riforma delfordinamento cen- _—«Stictly personal. The transfer could, however, be turiato, Scr Arno, 1928; H. M. D. Parker, The Rom. managed in another way, either by a novatory promise legions, 1928; Fraecaro, S t Bonjante 1 (1929) 103 ; idem, of the debtor to pay to a new creditor (the trans-

Ai H 900 5 De Santis Bi. ics Ceiranene eres) the thing he owed the former creditor, or by

Atene e Roma 37 (1933); Cavaignac, RIDA 2 (=Mél the transier of the action against the debtor by ap-

De Visscher 1 (1949) 173. pointment of the transferee as the creditor’s repre-

Centuria praerogativa. The centuria which, selected sentative through a mandate (cedere, mandare, trans-

by lot, voted first in the comitia centuriata. Jerre actionem) to sue the debtor. The cessionary ,

Centuria vigilum. See vicizes. was procurator im rem suam (a representative on

Centurio. The military commander of a centurta. The nerve his own ) amasmuch a ae cond f reesion of

centuriones of the first line (hastati) were of a lower the debtor was in vor. Orm Of cess10 was

ws ; more popular because the first way (soevatio) was latter were of a lower rank than those of the third impossinie © Gebtor remse - nd in eeu

rank than those of the second line (principes); the . ble if the debt fused t te. But

line (triarit). The first centurio in the legion was ctionis too, because the debtor might vay the iotenet (BibL) rurie primi pilt or primtpilus.—-See CENTURIA creditor until the action of the cessionary was brought Domaszewski, RE 3; Parker, OCD; Th. Wegeleben. Die against him, and, besides, the appointment ot the Rangordnung der rim. Centurionen, Diss. Berlin, 1913; transieree by mandatum became invalid through the Parker, JRS 26 (1936) 45; De Laet, AntC? 9 (1940) 13. death of the primary creditor (the mandator). In

Cerae. Wax-tablets. They were used for short letters, the later law a notification of the cession performed,

receipts, brief written agreements, testaments and made to the debtor by the creditor, improved the codicils (codicilli cerati). Syn. tabellae ceratae —See situation of the cessionary. In further development

APOCHAE POMPEIANAE. the cessionary was granted, in certain specific cases, Lafaye, DS 5, p. 3 (sv. tabdellae). an actio utilis against the debtor. This became a Cernere hereditatem. See cRetio. general rule in Justinian’s law.—See BENEFICIUM

emnia CEDENDARUM ACTIONUM, LEX ANASTASIANA.

ied wae gmnin Verba. | Set VERBA CERTA ET SOL- Biondi, NDI 3; Schulz, ZSS 27 (1906) 82; Eisele, ébid.

’ ° 46; Beseler, Bettrdge 3 (1913) 172; Drechsler, eee, ero. pina 3 (lossy oe son. The husband’s ownership was therefore rather J. Sontis, Digestensumme’ des Anonymus, 1. Dotalrecht, formal which found its expression in the opinion that 1937; Lauria, dNap 58 (1937) 219: C. A. Maschi, Con-

: : restano, onoisrule « ? umon Se‘119 it ais ttece (Go 8 Ot . . (1947) 24; Pfliiger, ZSS 65 (1947); Wolff, ZSS a 66 the dos is only in bonis mariti. He had, however, cesione natwralistica, 1997, rere SDHI ‘ (1938) ;

the proceeds thereof. He could not alienate landed (1948) 31: Kaser, RIDA 2 (= Mél De Visscher 1, 1949) property belonging to the dowry as a matter of prin- 511; Maschi, 4nTr 18 (1948) 78; M. Ricca-Barberis, ciple ( see LEX IULLA DE FUNDO DOTALI), except with La garensia per evisione delia dote, 1950.

the wife’s consent. The same principle applied to the Dos adventicia. A dowry given for the woman. not manumission of slaves that formed part of the dowry. by her father (see Dos PROFECTICIA) but by another The husband was liable for the value of slaves manu- | person, or constituted by herself when she was sus mitted without the wife’s approval. “There is no = #urvs. dowry where there is no marriage” (D. 23.3.3). Albertario, Studi 1 (1933) 283. Hence a dowry constituted before the conclusion of Dos aestimata. See AESTIMATIO DOTIS. a marriage was held to have been made under the Dos fundi. See INSTRUMENTUM FUNDI.

tacit condition that the marriage would follow (si Dos profecticia. A dowry given by the father of the

nuptiae fuerint secutae). The restirution of the bride or wife (a patre profecta). When the wite dowry could be claimed by actio ex stipulatu if the died before the husband, the father might claim the provisions concerning the restitution were set in the dowry back, but the husband was entitled to keep husband’s stipulatio (cautio rei uxoriae). Formless one fifth thereof for each child. Ant. Dos ADVENTICIA. agreements regulating the problems connected with Dos recepticia. A dowry which after the death of the the restitution of the dowry, in particular in the case wife was to be returned to the person who had given of a divorce, were later admitted (pactum nuptiale, it, according to a stipulatory promise of the receiver. pactum dotale, instrumentum dotale). Generally a Solazzi, SDHI 5 (1939) 223. specific action for the recovery of the dowry lay against Dositheanum fragmentum. See FRAGMENTUM DOSI-

the husband (actio, iudicium rei uxoriae) independ- THEANUM. ently of a particular agreement on the matter. It is Dotalis. See FUNDUS DOTALIS, INSTRUMENTUM DOnot certain whether the action was bonae fidei, but TALE, PACTA DOTALIA, IMPENSAE DOTALES, RETENTIthe judge, no doubt, had to consider ex aequo et bono ONES DOTALES.

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 445 Dotare. To give a dowry. It was a moral duty of demnatus),and refused to defend himself in a trial for the head of a family to bestow a dowry upon his the execution of the judgment (actio :udicati) and daughter (or granddaughter). To enter a marriage to pay the judgment-debt : the creditor was authorized without a dowry (indotata) was considered humiliat- by the praetor to “lead away” (ducere) the debtor. ing to the woman. Clients (clientes) used to endow Leonhard, RE 4, 2244; Humbert, DS 2 (s.v. debitoris the daughter of their patron with a dowry. Justinian ductio) ; Pissard, Et Girard (1912) 241. speaks explicitly of ancient laws which held the as- Duciani. The retinue of a dur; ducianus (adj.) consignment of a dowry a paternum officium. Under his nected with office of a dur. . legislation it became a legal duty of the father and Dumtaxat. (In the procedural formula.) See conunder certain circumstances also of the mother.— DEMNATIO, TAXATIO.

See FAVOR DOTIS. Duo (or plures) rei promittendi. Two or more debtG. Castell. _intorno aroma dell’ obbligo di d., BIDR ors owing the same sum as a whole (tn solidus). » 104 = ocritt, Through the pavment made by one of them the obli-

Dotis causa. As a dowry, in order to assign 2 dowry. gation of the other (or others) is extinguished.

Dawe artes. Teothids. “Th presence this ma Sym. ent.owes “ue i a pulandt the nesum. sum, . € - creditors to ofwhom one Corres debtor the same jority of members of the municipal council (ordo de- = Payment made to one of the creditors releases the curionum ) was required tor the validity of its deci- = debtor from his obligation to others. In such obli-

si0ns. tions for which modern terminology created the

Dubitare (dubitatio). To doubt. Various locutions oes “correality” and “solidarity,” ad object (una with dubitare reter to controversial legal problems res, eadem pecunia) is due, but there is a plurality (owratationis est, dubstationem recip) - J ssunae of debtors or creditors. Obligatory relations in soliS attention fo some controvers scussions 0 dum arise through a stpulatio when in the case of a the classical jurists by using the phrase apud veteres plurality of creditors the debtor gives only one answer

dubttatum est.—-See 1US CONTROVERSUM. to identical questions of all creditors, or when in the

Dubins’ See ue Zee 69 (1952) 49. D. 343 case of several debtors all of them give the same D na tot Ce RES See ce PROCUL DUBIOW—M: Ot: answer to the creditor's question. The characteristic m \ OF Ravis, Se GUBERNATOR NAVIS, MAGISTER feature of such obligations is “the whole is due to

Ducatte Th _ oe . every one of the creditors, and every debtor is liable

Da ee ial cffieial with a salary of tthe Whole” (D. 45.2.2). Certain other acts, which 200.000 7 ean See ° wena ry ot generally produce the extinction of an obligation - Vulic, DED. ce CENTENARIUS. (e.g., acceptilatio, novatio), have an efrect similar to

Ducentesima ” (Sc. usura.) See CENTESIMA. that of a payment. If, however, one of the debtors is

° " ° : freed from his obligation owing to a personal reason

Ducere aquam. See AQUAE DUCTUS, SERVITUS AQUAE- (capitis deminutio, confusio) the other debtors are

Ducere liberos. See t ICTUM DE LIBERIS EXHI- not released. Similarly a concession granted by the

BENDIS NTERD common creditor to one of the debtors (a pactum de

Ducere uxorem. To -a wo Ducere in non petendo, for instance) does not exclude the acdomum suam. see tEDUCTO IN boMUM For the tion against the others. The classical rule that a suit

interdictum de ducend ; brought against one of the debtors and conducted IpeRre eR HIBENDIS. ucenda, See INTERDICTUM DE until litis contestatio extinguished the obligation of

Duci (ferri) iubere. It the defendant in an actio in erated Gebrors was abolished by Jasin another

read tomer he Sal Cea aang Sule recived fll payment. The qusion af contestatio), the praetor might order that the thing ce debross. or of . ‘creditor against ‘hat Oe edi.

in dispute be taken (ferri) by the plaintiff, or when ho received the full depend h the object of the controversy was a slave, that he be ee cn © in payment, depends nbon oe

; " . ; ’ ively. —Inst. 3.16; D. ;C. —_ NE-

led o py (duci). This was aon the = se m hon sued ‘or internal relation among the debtors or creditors, re-

his slave’s wrongdoing by an actio noxalis, the master spectively —anst. 3 163 Dai © 88. wee eae

refused to defend the slave. Duci or ferri iubere ONUM

might be pronounced by the praetor when the thing Leonhard, RE 4 (sv. duo rei); J. Kerr Wylie, St in R or the slave was present before court. If the de- Lew, 1. Solidarity and correality, Edinburgh, 1923; Bon-

fendant denied the thing (or the1926) slave);inCollinet, his Cora |St (1926 oe 9S, 4 1(1925) ree vars Mél ssession, tiohaving ad exhib . . ornil Alberton: (1935); Grosso, hich he could wot evade. hendurn lay against hm StSas 16 (1938) 3; idem, RDCom 38 (1940) 224; Alber-

Duci iuber ing an acho tario, St Besta 1 (1939) 3; idem, St Calisse, 1939; idem,

tn personam. Duci iubere also occurred when the Obbligasioni solidali (Corso), 1944; idem, Fsehr Wenger defendant in a civil trial had been condemned (con- 1 (1944) 83; M. Lucifredi Peterlongo, Jntorno all’unitd

446 ADOLF BERGER (TRANS. AMER. PHIL. SOC. 6 feurakitt i Pincoli nella solidarietd coniratinale, Amt them (they are mentioned last in 63 B.c.) although

ibl. p. 1); i, ConfCast, 1940, 241; idem, since the middle of the third cen B.c. the plebeian

(1942) 199; idem, Obbligasions solideli (Corso), 1949. tribunes took cases of perduellio under their jurisDuodecim tabulae. See LEX DUODECIM TABULARUM. diction. Duovirales (duoviralicii). Persons who in acolony ——Liebenam, RE 5, 1799.

OF municipium occupied the post of a duovir. Duoviri quinquennales. Duoviri in municipalities and Duoviratus (duumviratus). The office of a duovir. colonies, elected once in five years and charged with Duoviri (duumviri). Local magistrates in Rome, the census of the population. Italy and the provinces with varied functions. The Duoviri sacris faciundis. Priests, originally two (unprinciple of collegiality was observed in this magis- der the kings, later ten, decemviri sacris faciundis, tracy too, since there were always two duoviri at least. = and fifteen, quindecimviri sacris faciundis) whose

——See DECURIONES, and the following items. particular function was to take care of, and interTiebenam. x* 5; Humbert, DS'2; Anon, NDI 5; Anto- = net the Sibilline books of oracles (libri Sibyllint) —

ene as . . . See LUDI SAECULARES.

Duoviri sedi dedicandae. Extraordinary magistrates Bloch, DS 2, 426; Boyce, TAmPhilolAs 69 (1938) 161. who according to a decree of the senate, had to per- Duoviri viis extra urbem purgandis. Lower magis-

form the dedication of a public area to a deity for the trates charged with the maintenance of the roads

construction of a temple, or the dedication of a outside of Rome. They belonged to the group of

temple already constructed. A person who as a VIGINTISEXVIRI and were subordinate to the aediles. magistrate erected a temple at his own expenses Duplae (sc. pecuniae) stipulatio. See sTIPULATIO might be later appointed a duowir ceds dedicandae in DUPLAE.

order to dedicate it when he was no longer in office. a —

Liebenam, RE §, 1801; De Ruggiero, DE 1. 165. Dots See See DOMENTOM DUTLEX. Duoviri aedi locandae. Two magistrates appointed Duplicatio. See repricatio. There is a confusion of for the construction of a temple, if the matter was terminology in the sources. What Gaius calls duplinot managed by a higher magistrate (a consul, prae- catio (an objection made by the defendant to the tor, OF censor) ’ Sometimes they were identical with plainuff’s replicatio) is called by Ulpian triplicatio

the duovir: aedae dedicandce. which, however, to Gaius is the plaintif’s objection

Hiebenam, RES, a. to the duplicatio of the defendant.

Duoviri aediles. Two municipal officials with func- Duploma. See pIPLoma. tions similar to those of the aediles in Rome. They Duplum Double. Actiones in duplum = actions in

had the right to impose fines.—See MULTA. which the defendant is condemned to pav double Kubitschek, RE 1, 460; De Ruggiero, DE i, 2M. . damages or price paid by the plaintiff when he purDuoviri iuri dicundo. Heads of the municipal admin- chased the object in dispute—~—See ACTIONES IN SIMistration and the highest judicial magistrates in Italian = pr sxe, rwFTTIATIO, REVOCATIO IN DUPLUM, STIPULATIO

and provincial cities. Together with the puvovirr DUPLAE, USURAE ULTRA DUPLUM. AEDILES they formed a board of four officials (quat- Nunondii. Students “of two asses”; a frivolous nick-

tuorviri). Several local statutes (Lex Malocitona, same given by advanced students to those of the first Lex Rubria, Lex Iulia Municipalis, Lex Coloniae year (freshmen) of legal studies, because of their poor Genetivae Iuliae) deal with the official activities of the preparation in law.—See IUSTINIANI NOVI. duoviri 1urt dicundo. They were elected by the local Cantarelli, RendLinc, ser. 6, vol. 2 (1926) 20; Kretschmar,

assemblies for one year. Each of them could exercise ZSS 48 (1928) 559. the right of INTERCEsSIo against the other’s acts. It Dupondius (dupundius). Two asses. With regard often happened that the emperor was elected as 2 — to heirs instituted in a testament the term refers to duovir; in that case another duovir was not elected the following case: if the testator exhausted the whole and the emperor appointed in his place a praefectus. estate by distributing it among certain heirs and inThe functions of a duomr were similar to those of stituted besides them other heirs to some portions of the consuls and praetors in Rome, with certain re- the estate, the estate is reckoned not as one as (see strictions in the jurisdictional field, both civil and AS) but as two asses, the former group receiving one-

criminal. half of the inheritance, the latter group the second half. Liebenam, RE 5, 1804; Kiibler, RE 4, 2339. Duurmviri. See pvovrnr. Duoviri navales. Instituted in 311 3.c., they took Dux (duces). The head of a military district in the care of the needs of the fleet and commanded a patrol later Empire when the military power was taken from

for the defense of the coast. , the provincial governors and transferred to the duces.

Fiebiger, RE 5, 1800. They were commanders of a larger military unit on

Duoviri perduellionis. In the time of the kingship the frontiers of the Empire (duces limitum).—See they were appointed by the king to try cases of per- DUCIANI, DUCATUS. duellio (high treason) when such crimes occurred. Seeck, RE 3; Vulic, DE 2; R. Grosse, Rom. MilitérgeUnder the Republic the consuls continued to appoint setzse, 1920, 152.

VOL. 43, PT. 2, 1953}

ENCYCLOPEDIC DICTIONARY

EaS re E OF“This ROMAN agatur. shall LAV lat ; v ormula called pr jin the part of the , ess.—See PROCHEIR nto consideration

Wlassak, Mél raescriptio.— See Pp procedural Editions: Zachers OS NOMOS. more or

The2same * Leonts mans tmeditorum 1852 oliectioCollecti Itbrorum Eadem res. él Girard (1912)thi 61 AESCRIPTIO. Cracco-Romani inedit Lingenthal,

surs.

by the juri . € ng. Th . oo. mis et Constantini , - Momferra sUurts Dy te arises we ee be term is discussed Graeco-Romanum 2 * fihene, 167: Jane Depo hes

actio, whi rule: bi o English; |p. VII, Bi . Zepos, J

same claim. S which excludes a read nih eadem E cloga, Cambria Fi Freshfield, 4 Mann!’ —Translation alic res —See ee BIS IDEM EXIGERE. S ; for the (1923) 709; Diew! 1926—Collinet, nat x Low, The E. Levy, K © CONCURRERE. . Syn. tdem. ; ant. men aprés PEcloga a thkse . Dupony, Le aren aan 4

St Bonjante 3 (19 enz der Aktionen 1 (19 ana anes, Dir. bisontino. ; , Bordeaux, 1902; Si vil ro

Ebrietas. D 30) 45. 18) 78; Cornil, 099 912, 41; Spulber Tina Enciclopedia niwiidice ite o-

drunk . runkenness. For cri mac , crmmel, Echos’ Oven des Isauriens (Cen ttali-

Ecclesi en persons, I crimes committed s, La1934; notionFdumariage mari rient, 34 (1935) nautl, ecclesia. Th oosee MPETUS. by poulta, dans PEci wa ; Cassi-

religious . e church bothsasa building “eee For Ecloge . errari, Enciclopedia Italiene. PapChristian and hal, Romans Editi ina 7Mnem. (1930) the Christian Ch he Conn The recogni as thefutv.reece 6 01) ek he 4 (1865" Zachariae v ah 14 a4.

acould grace recognition 2 Constantine ‘cllowed f re Fesndied apes he eshte, 4 Pie ineanual above),of be institu ur r . y was cloge ad bProchi e Ecloga, Cambri

, ted as hei; property. thal rochtron , bridge, e gifts Church abov o-Romanum ev.1927 Lin

will. J ustini and receiv = urcnies Zacharia dations io an eirs admitted also gifts under a, Jus e) 6 Graec (1931)mutata, 217; | 4see (1865) 49; Ze—For gen-

erty. e pu ; foun- rR. Law. The reshfield, 4 (see

ment of ecclesiasti e time for usucapi prop- 5 (1950). se, Archives d’ Histot 66, Cambridge

mentarv gifts made property to { oto the detri- dere acti oire du dr. Oriental martyr were consider st, to an archangel - 5 CTIONIS. iudicium. See church, or tha t dedi ed to be in fav or of th or a dere librum (lib ell . EDITIO

Us, 9 Adm—oee y cere.kn T ‘ OSUS. US FAMOSU _ . SOECONOMUS ECCLES TIANI, EPCHRIS : o make

G. Piannmiille CCLESIAM. » MINISTER, ments the brace ). For the praet ouncement

ped W. K. feya T rirchliche Gesetzaebung Justini gard to orivate e praetor edicit is u sed. announce-

josian Code, N cclesiastical ENcts 0 ustinians, _ publi persons edicere = - With rejustinianisch ew York, 1905; A cts of the Theo- . cly, see INDICIU é€ = to make a . Die birchliche C ermagensrechts, a aareae System des Edicta Augusti ad C . Promise

ee(1930) pg; P.trG. Smi Asro adrom, pbe in inCree 7andad4 ; Steinwen ec-. there If erved ween in an inscripti

Zonsucchi, 1927 ad ebung Justinians, iol ; Alivisatos, Augustus and ublich enenses. Five edicts i

1932; G. Kruger Baek The Church in the fen KanAbt = va rein 1926. The edicts writ inscription discovered

rie. AT Bae bitesdaOe Resdbi| various matters of. tween ciminaland and civi vl proedure (2 G. Ferrari , Personality i icnischen AV en 9 (1998 1940) C. evi. I sat ith Cecleoieatiche judges ween Gre . should be beocgint before Gecek la condisione gi ); G. Bovini, La stiche, oman orig} efendan re Greek

Dictionnaire decanon. guuridica della Chico, oOo: R origin ) , with publi t preferred judges of Ecclesiasti 4) (1947 9;ecclesiastica Lekn Cler oman citizens c charge sticus. (Adj 654. cq, , and oth ges (munera Ss, praedia iu . ected with th t senatusconsult . The fifth edi Ecclesiasticus. s, dominium, negotia e Church undae, of 4 B.c.), § concerning extorti ct wieinietratiy (Noun.) of A , canones). aANUM. The Augustan Aus, ee SENATUSCONSUL on (repeministration person em beca edi TUM CA plovee.—S of Church property ployed in the use thev reveal cts are of great i LVISI-

(re . dj.) Conn own asa er matters ) ot

° : 9 b . . ten ° ’ :

Ecloge. | ( The PRIVILEGIUM FORI. a Church em- perial edicts (see a features of the earliest imm-

excerpts from Tustinian’ 4 Byzantine compilation of Steinwenter, RE Suppl. 5, 352 eer Grok ,ofand laterdivided Besantivei e conpe work wed 2. ‘Abhandlang Stroux wed WeeZer, Anseiger emperors . - cone ibl.)GEL ; Riccobon - y, Premerstein, ayAW 34

was intomn eigh . ,initi written gliano 0édits 0, FIR F Las (194 ZSS prepared on the ghteeni titles ni o, OCD 1) en, no. 68 (Bi 51 (1931 Isaurian the initiatt - The w Les ;250; Last, JRS 1 8 (Bibl); M .? Tsaurian and his son, nuative ot the emperor Leo oe 1949, 111 @ Auguste, Louvain, 10S, 93; F. De Visscher,

compilation the eighth 1¢ century. Copronymos, abo _pri 105. Amer. Acad. Rome (19495 npilationsoffollowed Several utt Edicta im ome 1919 (1949)

aEci similar in later centuri private. emperors the peratorum : ner, for the u nes, composed co anal(princi pum) ° Edi cts e

chiron frivata, Ecloge useaucta, of practitioners downare both for ntaining general by iron mutata (early privata Eclo , Such asinedicta b r officials and for pri egal| issued norms laid

y twelith centu ad the Prowhich ased onthhis theimperium vate citizens. ry) intoge which i ch resulted from ¢1s P edicendi the > Th 4he ke the edicts of procons ulave Us. esmagistrates (seeofEDI re. Un-

448 ADOLF BERGER [TRANS. AMER. PHIL. SOC. TRATUUM), which had only temporary validity the Edictalis bonorum possessio. See BoNOoRUM POSedicta tmperatorum seem to have had unlimited valid- SESSIO DECRETALIS.

ity. They were issued for one or more provinces or Edictalis lex. A term which some late emperors (from

cities and were introduced with the formula: im- the fifth century on) and Justinian applied to their perator dicit (“the Emperor says”).—See CONSTI- enactments when promulgating them (“‘haec edictalis

TUTIONES PRINCIPUM,.—C. 1.14. lex’’),

Kipp RE > oe iit in Rechisquetion ativaarvi fo: Edictum. Either the whole edict published by the Wilcken, ZSS 42 (1922) 132; Riccobono, FIR 1° (1941) magistrate on the album when he assumed his office

no. 67 ff.; Orestano, BIDR 44 (1937) 219. or a single clause thereof.’ A magisterial edict was Edicta Iustiniani. Thirteen Justinian’s constitutions one year’s law (lex annua) since the magistrate was preserved as an appendix in one of the two manu- only one year in office.—See MAGISTRATUS, EDICTA scripts of the collection of 168 Novels of the emperor, MAGISTRATUUM, EDICTUM TRALATICIUM, IUS EDIsee NOVELLAE JUSTINIANI. Only ten of them were CENDI, CLAUSULA, NOVA CLAUSULA.

unknown, since three (1.5.6) were preserved in the Kipp, RE 5; De Ruggiero, DE 2; v. Schwind, Zur Frage

other manuscript of the same collection (as nos. der Publikation (1940) 49. 8.111.122). Externally the edicta do not differ from Edictum aedilium curulium (aedilicium). The edict the Novels; they have been called “edicta” to differ- of the aediles who as supervisors of the market pro-

entiate them from the Novels proper. | mulgated certain rules concerning the sale of slaves Edition: in the Schoell-Kroil edition of the Novels (see = and domestic animals, and the liability of the seller for

_ NOVELLAE IUSTINIANI) pp. 759-795. _ defects of the object sold. The aedilian norms were Edicta magistratuum. Edicts issued by magistrates = taser extended to sales of other things.—D. 21.1.— on the basis of their tus edicendi, at the beginning Of = See exeprio VENDITIO, EDICTUM DE FERIS.

their term of office, and containing rules by which H. Vincent, Le droit des édiles, 1922; Senarclens, TR 4 they would conduct their judicial activity “in order to (1923) 384; idem, RHD 6 (1927) 385.

make the citizens know what law they would apply faictum Augusti de aquaeductu Venafrano. (Bein the jurisdiction” (D. 122.10). See rus EDICENDI. tween 18 er Bc) An edict by Augustus Com. The right to issue edicts was held by consuls, prae- cerning the aqueduct in Venafrum. tors, dictators, aedils, quaestors, censors, plebeian Edition: Riccobono, FIR 1* (1941) no. 67 (Bibl).

tripunes the rrovinees by ee vemors a nail Edictum breve. Nort a technical term; a brief edict of issuing edicts was also followed by the preiects in issued Nie regard to another legal provision (a imperial times. Of greatest importance in the devel- HL. Kelger, 25S 37 (1916) 303.

opment of Roman law were the edicts of the praetors . ; ;

and aedils. The creation of the ius honorerium was =dictum Carbonianum. See BONORUM POSSESSIO =: their work. There is no doubt, however, that the CARBONIANO EDICTO. real authors of most praetorian edicts were the jurists, Edictum censorum. Against Latin rhetoricians (92 acting in their capacity as legal advisers of the magis- B.c.) It is known from literary sources. trates and as initiators of new forms of action and Riccobono, FIR 1* (1941) no. §2. creative ideas in daily legal life—-See rus HONoRA- Edictum Constantini de accusationibus. (Between RIUM, IUS PRAETORIUM, IUS EDICENDI, EDICTUM AEDI- A.D. 313 and 317.) Concerned the accusation in

LIUM, EDICTUM PRAETORIS. criminal matters. It is epigraphically preserved. Kipp, RE 5; Louis-Lucas and A. Weiss, DS 2, 456. Riccobono, FIR 1? (1941) no. 94 (Bibl).

Edicta praefectorum praetorio. Edicts issued in the Edictum de alterutro. 284; Zachariae (v. Lenel, Edictum® (1927) 308.

Spemcunerpauaianaraye "es Edictum de appellationibus. (Preserved on a papy. Edicta praesidum. Edlicts of the provincial governors. rus. ) Deals with appeals to the emperor and settles E. Weiss, Studien su den rom. Rechtsquellen, 1914, 71; some pertinent procedural rules. ‘The author of the

Wilcken, ZSS 43 (1921) 137. edict is unknown (Nero?).

Edicta principum. See EDICTA IMPERATORUM. Riceobono, F IR IY (1941) no, 91. ae Edictales. Students in the second year of law studies, Edictum de feris. A part of the aedili¢n edict concalled so in pre-Justinian law schools because they cerning the liability for damages done by non dostudied the juristic commentaries to the pretorian mestic animals (a dog, wolf, bear, panther, lion, etc.)

edict. held by a private individual—See FERAE. Kabler, RE 5; Humbert, DS 2. Lenel, Edictum’® (1927) 566; Scialoja, Studi 2 (1934) 142.

VOL, 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 449 Edictum de violatione sepulcrorum (of Augustus ?). instruction of the emperor to keep in the compilations

See VIOLATIO SEPULCRI. the order of presentation as systemized in the Edict. Riccobono, FIR 1? (1941) no. 69 (Bibl.). Thanks to this arrangement a reconstruction of Ha-

Edictum Diocletiani de pretiis. An edict of Diocle- drian’s Edict in its essential outlines was possible. tian (A.D. 301) which established ceiling prices for a In this final edition the Edict gives an extensive piclong list of goods, both necessary and luxurious, as ture of the praetorian law, primarily of procedural well as for services rendered by professionals, such legal institutions, such as edttto actionts, in tus vocaas advocates, physicians, shippers. Penalties were tto, representatives and securities in court, in integrum imposed on the violators who sold at higher prices or restitutio, execution of judgments, interdicts, excepwho hoarded merchandise. The prices were fixed in tions, the formulae of actions (partly scattered through DENARII reduced to one twenty-fourth of their origi- the whole work, partly reserved for the end). With nal value. The Edict had little success. It was pub- the codification of the edict the edictal activity of the lished throughout the empire and is preserved epi- praetors was practically stopped—-See EDICTUM

graphically in considerable part. PRAETORIS.

Blumner, RE 5; Ensslin, RE 7A (1949) 2469; Mommsen, The standard work: Lenel, Edictum perpetuum, 3rd ed. Jur. Schriften 2 (1905) 325; Kitbler, Gesch. des rom. R., 1927, was iollowed by the editors of Fontes turis romani, 1925, 361; Mickwitz. Geld und Wertschaft (Helsingiors, recently by Ricecobono 1° (1941) no. 65, p. 335 (Bibl.) ;

1932) 70: Balogh, ACIV er 2 (estr. 1951) 352 (Bibl.). Kipp, RE 5, 1945; Louis-Lucas and A. Weiss, DS 2; De

Edictum Domitiani de privilegiis veteranorum. Ruggiero, DE 2; Guarneri-Citati, NDI 5, 296; Girard, (a.p. 88/89.) Granted certain privileges to veterans. 152 iccoken: a bra csy he a erenses Tomes

—See VETERANI. Julionus, 1946, 26; Berger, St Albertario 1 (1950) 603;

Riccobono, FIR 1° (1941) no. 76 (Bibl.). De Francisci, RIDA 4 (= Mél De Visscher 3, 1950) 319; Edictum Hadriani de vicesima hereditatium. Con- D’Orgeval, RHD 27 (1948) 301; Kaser, Fschr Schulz 2 cerned with the tax on estates. It was abolished by ate — Guarino, St Albertario, 625; idem, ACIVer 2 Justinian.—C. 6.33.—See VICESIMA HEREDITATIUM, _ NESE. ) . MISSIO IN POSSESSIONEM EX EDICTO HADRIANI. Edictum praetoris. Both the praetor urbanus and Edictum monitorium. The jurist Callistratus wrote the praetor peregrinus issued edicts at the beginning a treatise in six books on “edictunt monitorium,” but of their term. See [US EDICEND!, EDICTA MAGISTRA-

the meaning of the term is not clear in spite of the tuum. The praetorian edicts were a decisive factor score of texts preserved in the Digest. of the development ot the law ( see IUS PRAETORIUM ). Kotz-Dobrz, RE Suppl. 3, 227; F. Schulz, History of R. They introduced new actions (actiones praetoriae) in

legal science, 1946, 193 (Bibl.). order to protect legal situations and transactions

Edictum novum. See NovA CLAUSULA. which were deprived oi judicial protection under the

Edictum peremptorium. An official summons ad- tus ctvile. They reformed the law of succession, both dressed to a defendant who refused to appear incourt ‘testamentary and intestate. Even before the final warning him that the trial would be conducted even codification of the praetorian law (see EDICTUM PER-

in his absence.—-See EVOCATIO. PETUUM HADRIANI) many commentaries to the prae-

Edictum perpetuum. an edict issued by the praetor torian edict were written (by the famous Republican or another magistrate at the beginning of his year of | Jurist Servius Sulpicius Rufus, then by Ofilius, Labeo, service and valid for the entire year of his being in Sabinus, Vivianus). The announcements of the prae-

office. Ant. edictum repentinum = an edictum is- tor in the edict are formulated in the first person sued during the vear of service. For another sig- through such phrases -as tudicius dabo, cogam, pernificance of edictum perpetuum see the following item. mittam, restituam, tubebo, servabo (“I shall grant an Guarneri-Citati, NDI 5, 296; Pringsheim. Symbolac Fri- action, eniorce, allow, restitute, order, protect”) and

_ burgenses Lenel, 1931, 1. similar. In this way he promised in his own name

Edictum perpetuum Hadriani. A revision and codi- _to apply certain rules or measures in his jurisdictional fication of the praetorian and aedilian edicts, made by functions without directly ordering or prohibiting a

the jurist Salvius Iulianus at the initiative of the em- certain behavior.—See KALENDAE, LEX CORNELIA DE

peror Hadrian toward the end of his reign (after EDICTIS.

A.D. 132). The final codification of the edicts pro- Kipp, RE 5; Brasiello, NDI 5; Wlassak, Edikt und Klagevoked an abundant commentatory activity of the form, 1882; F. v. Velsen, Beitrage sur Geschichte des e. jurists (Pomponius, Pedius, Furius Anthianus, Callis- praetoris urbani, 1909; Weiss, Uber vorjulianische Ediktstratus, and Gaius, the latter with regard to the pro- redaktionen, ZSS 50 (1930) 249. vincial edict). The earlier commentaries were super- Edictum provinciale. An edict issued by the governor seded by the extensive commentaries to the Edict by of a province, chiefly on entering office. The governor

Ulpian and Paul (in 81 and 80 books, respectively ) had ius edicend: as the magistrates in Rome. The which were richly exploited by Justinian’s compilers differences between the edicts in the various provot the Digest. The edictal system was followed in inces and the edict of the Roman praetor seem not Justinian’s Digest and Code according to an express to have been very important. Only Gaius wrote a

450 ADOLF BERGER [TRANS. AMER. PHIL. SOC. commentary on “the provincial edict” by which we the parties appeared before the praetor, the plaintiff must understand a typical provincial edict and not indicating exactly the action (formula) by which he that of a specific province. To judge from the ex- was suing his adversary. There remained a possicerpts of that commentary as preserved in the Digest, bility of changing or amending the proposed formula. we may assume that the provisions of the provincial —D. 2.13; C. 2.1.—See LITIs CONTESTATIO.

edicts were modeled on the edict in Rome. Wenger, RE 5; Humbert, DS 2.

F. v. Velsen, ZSS 21 (1900); E. Weiss, Studien su den Editio instrumentorum. The introduction of written rom. Rechtsquellen, 1914, 66; 109; L. Falletti, Evolution documents by the parties to a trial as evidence either de la The jurisdiction du magtstrat 1926, Rein-claim the or vlaintif’s clai . - dental.— ». muth, prefectural edict, Aegyptus 18provincial, (1938) 3; Buckot the73; plaintift’s of the defendant’s land, RHD 13 (1934) 82; F. v. Schwind, Zur Frage der See EXHIBERE, INSTRUMENTUM.

Publikation, 1940, 70. Wenger, RE 5, 1966.

Edictum repentinum. An edict issued by a magistrate Editio interdicti. A preliminary act in interdictal proexceptionally during his term on a specific occasion, ceedings, analogous to the EDITIO ACTIONIS, when an

whereas the normal edict was promulgated at the time ordinary process was initiated. Edere interdictum he took up his duties.—See EDICTUM PERPETUUM. also refers to the issuance of an interdict by the Edictum successorium. The section of the praetorian praetor.—See INTERDICTUM. edict concerning BONORUM POSSESSIO. It contained _ Wenger, RE 35,1963, the rules about persons entitled to claim the bonorum Editio iudicum. (In criminal trials. quaestiones.) possessio if the person first entitled failed to do so The selection of one hundred jurors from the panel within the prescribed period or refused to accept the for quaestiones, Proposed by the accuser tor the apestate. Syn. caput successorium.—D. 38.9; C. 6.16. pointment of a jury in a specific trial and communi—See BONORUM POSSESSIO INTESTATI. cated by him to the accused. From that number the Edictum Theodorici. A collection of 154 Roman legal _—_latter might select (electio) fifty who then made up provisions, compiled about a.p. 500 by order of Theo- _—‘ the jury. Later, this procedure was repeatedly modi-

doric, king of the Ostrogoths, which had to be ob- _ fied. —See QUAESTIONEs. . served by both Roman citizens and Ostrogoths. The Editio rationum. (By a banker, argentorius.) A excerpts were taken from the three Codes, Codex banker was obliged to produce his books in a trial Gregorianus, Hermogentanus and Theodosianus, from in which not only his own interests were involved but

tentiae. entries in the banker’s book might serve to clarify

some post-Theodosian Novels, and from Paul’s Sen- also when those oe chents were at stake ané the Brassloff, RE 5; Brasiello, NDI 5, 595; Editions: Bluhme, the legal situarion.—See ARGENTARII.

2 ibl.). —-Schupfer, Aditi Accad. Linces, . . .

Me Ong Cert Cibl ) istorica 5 (87 °) ie i Baviera, Editio rescripti. Mentioned only in the Theodosian Ser. 4, T. 2 (1887-1888) 223; Patetta, ATor 28 (1893) | Code in connection with the summons (denuntiatio )

Paradisi, Storia del dir. 103. S the oreke? searing Lt seems to ha the modi. 553; - osB. 1, oft cation of itel. an 1951, imperial rescript to the adversary.

Edictum ane The an of a Pie s edict Andt, La procédure par rescrit, 1920, 13, 57; Fliniaux, which he adopts irom is predecessor's edict. RHD 9 (1930) 201. Ediictum ve 0Vespasiani ( ; te sil giis (aD Editio secunda. secondwritings edition are of amentioned book. Secde medico privile i1corum. ?. ond editionsThe of juristic b

74.) Epigraphically preserved; it granted physi- = Justinian (Cordi 3) with the ‘remark that in earlier cians certain personal privileges and exemption from times they were called repetita praelectio. A second as ( fmnmmuntos) and he penaiass for violation of edition of a monograph by Paul is noted in a later

e enacinen ong the benenciaries of tie source (Frag, Vat. 247). There is no doubt that

were also the teachers (paideuto: = magisirt, prae- that some jurists have themselves prepared second

cep ). 63-94) | ly,a ree byabuses the a courite editions.(editio On theprima) other hand we know that were a few fan wn (A.D. against Certain = first=editions of juristic works grescuness) of physicians included praeceptores as reedited by other classical jurists, usually with a com-

WEll.—-Se¢e MEDICI. mentary or loose remarks (NOTAE). There is, howEdition: Riccobono, FIR 1° (1941), nos. 73, 77 (Bibk).— ever, a tendency in the recent Romanistic literature

S. Riccobono, Jr.. dnPal 17 (1937) 50. to ascribe to early postclassical times (end of the third

Barto. actionis. PF the notinca fon °Y, tae plaintiff < and the first decades of the fourth century) a very the defen ri, t arr “be di ted to bring Sujal: vivid activity in anonymous reediting of classical juris-

the Firstaitpreparatory to One extraju y- tictoworks even if perhaps acceptable in very few Thislatter editio_ had character let thewhich .

defendant know the Teeter for which, and the type instances, hardly can be proved and seems very un: . .with ’ . likely when assumed to This such offered extent as has been by of action which, he will be sued. one writers,

him the opportunity of settling the controversy before F. Schulz, History of R. legal science, 1946, 141, and it came to trial. A second editio followed when both passim: G. Riccobono, Lineamenti della storia delle fonts,

VOL, 43, PT. 2, 1953] ENXCYCLOPEDIC DICTIONARY OF ROMAN LAW 451 1949, 208 Bi gpermer,; Hi. Clas Jon 43 ee 440; Sau, Electio iudicum. See EDITIO IUDICUM. J. WOK, crits Ferrins 4 = Bilectio legata. See LEGATUM OPTIONIS.

iv. ilan, 1949) 64; tdem, Romon Low .

(Oklahons, 951) 130: idew , Feckr Schule 2 (1951) 148, Eleganter. In a correct, fine manner. The term is Wieacker, ZSS 67 (1950) 387; Berger, Sem 10 (1952) 95. applied to express approval of another jurist’s opinEducare (educatio). To educate, to rear, to bring up. ion with emphasis on the legal idea or doctrine rather

The sources deal being with educare referenceof to dthan styie It is a favorite expression of Ulpian's. wards (pupilli) under with the tutelage t. the snereganter. ians. te om is understood ina roadie sense com- Radin, LOR 46 (1930) 311; Schulz, History of R. legal

. science, 1946, 335; Sciascia, BIDR 51-52 (1948) 372.

prising not only the care for mental development but El ta. tinian called his Institutes “Instit also nourishment and the necessities of physical de- Kanes - J les te” and in the introd “s el velopment. Supervision of the pertinent duties of tones sive crementa and im the mtro Med 7 constithe guardians was exercised by the tutelary authori- tution by which the work was promulgated . ( mpera-

ties —D. 27.2; C. 5.49.—See TUTELA. : toriam, c. 4) he denotes the work as “the first

; 1 Mae ¢ cee scientiae prima elementa).”

Effectus. The result, consequence of a legal trans- elements of the wiole of Noe science (tottus legitimae oaeed t of 2 tral, Ths term often appears im inter” iidere. In a civil trial, to repel the plaintiff's claim Volterra, St Ratti, 1933, 440; Guarneri-Citati, Indice by am exceptio (exceptione) or the defendant's ex(1927) 32; idem, Fschr Koschaker 1 (1939) 133. ception by a REPLICATIO.

Efficax. Legally valid, efficient. Elocare. To let out, to lease—See LOcATIO CONDUCTIO.

Effractor. (From effringere.) A burglar.—D. 47.18. Elogium. An additional clause. Elogium is a testa-

—See CUSTOS. mentary clause, particularly when someone is disin-

Effusa. What has been poured out from a dwelling — herited. For elogium in the aedilian edict. see

D. 9.3.—-See ACTIO DE DEIECTIS ET EFFUSIS. IUMENTUM. In criminal affairs elogium is the report Egestas. Poverty, indigence. It served as a basis for transmitted to the competent military or civil authorexemption from certain duties (guardianship, public ity about a criminal who has been arrested and quescharges, and the like). It could also be the cause ot tioned by the official who seized him.

the dissolution of a partnership. Laiaye, DS 2; Braschi, DE 2.

Albertario, Stud? 5 (1937) 435. Elogium ultimum. } inserted. The elasticity of the formula which made it

TOZTA, Ane JOT Ne eee UE es ; ’ adaptable to any case was its great advantage which Ene, 8. (ipaey a De Fischer Nanette 19 on explains its existence through centuries until it was Magdelain, Origines de la sponsio, 1943, 6.—For treaties gradually superseded by a new form of procedure,

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 475 the COGNITIO EXTRA ORDINEM. In a concrete trial Formula in ius concepta. Ant. formula in factum the formula was first proposed by the plaintiff (see concepta. The distinction is based on the contents EDITIO ACTIONIS) and became decisive for the con- of the intentio in the procedural formula. When a tinuation of the process through co-operation and question of law is raised, as, for instance, when the consent of the defendant who, for his part, was en- plaintiff claims the ownership over a thing or antitled to ask for the insertion of exceptions and for other right, under Quiritary law, or when he sues for other modifications of the formula. All this took the performance of an obligation by the defendant place in ture, 1.e., before, and under the supervision under civil law (dare oportere), there is in the inof, the praetor who had the right to grant new for- tentto a direct or indirect reference to a legal transmulae hitherto not promulgated in his edict, if such action or relation protected under tus crzile. In a an innovatory and unprecedented formula was pro- formula in factum, however, the intentio mentions the posed by the plaintiff or his iegal advisers. Such fact from which the plaintiff draws his claim and the new formulae in the development of which the jurists judge is authorized to condemn the defendant if the

had an important role, either as consultants of the fact in question is proved. The formula tn factum parties or counselors to the magistrates, played an is adapted to the particular circumstances of the case, important part in the development of the Roman pri- for instance, when a freedman summons his patron vate law (see US HONORARIUM). The term formula to court, or when a person summoned to court does is used promiscuously with actio and was substituted not appear or give a guaranty. The substantial difin Justinian’s codification by the latter since in his ference between the two kinds of formulae is that time the formula was only a historical reminiscence. in the formula in factum the condemnation of the Officially the formulae were abolished by an imperial defendant is connected with a fact from which his lia-

constitution of a.p. 342 with the critical censure: bility is derived, whereas in the formula in tus the “dangerous hair-splitting” (C. 2.57).—See besides establishment of a specific right of the claimant either the items mentioned above, PRAESCRIPTIONES. EA RES over a thing or to a performance by the defendant AGATUR, QUANTI EA RES EST, some entries under efrects the condemnation of the latter. In the crea-

ACTIO, ACTIONES and the following items. tion of formula in factum the jurists and the judicial Wenger, RE 6: Lécrivain, DS 4, 227; Anon., NDI 6; magistrates (the praetors) equally co-operated. Berger. OCD 487; Kiibler, ZS5 16 (1895) 137; Partsch, Granted first in specific cases the formula in factum Schriftformel im rom Provincialprosess, 1907; Huvelin, : . .

Mél Gérardin, 1907, 319; R. De Ruggiero, BIDR 19 §tadually entered into the praetorian edict in the (1907) 255; Arangio-Ruiz, Les formules des actions, in Al form of an announcement oi the praetor that he was Qanoun Wal Iqtisad 4 (1934); Naber, TR 1 (1918) 230; willing to grant an action in certain situations, not

Rare opne 1B #092) 7 nD proceed thereby the aw. The formulae i ct tor und Formcl, SbM inch 1926: Betti. CentC odPav ( 1934) were an important factor in the development of the 451; O. Carrelli, La genesi del procedimento formulare, ius honorarium.——See FORMULA IN FACTUM CONCEPTA

1946; C. Gioffredi, Contributi allo studio delia procedura (Bibl.), INTENTIO.

cruile rom., 1947, 65; Biscardi, RISG 86 (1949) 444; Formula Octaviana. (Actio quod metus cause.) See

Be Adteete e Ga ee Ge METUS zatto, La procedura titdle rom. 3. La “gencsi del ) procedi. O. Carrelli, Le genest della procedura formularc, 1946, 200. mento formulere, 1950. Formula petitoria (iudicium petitorium). The for-

Formula arbitraria. See ACTIONES ARBITRARIAE. mula used in so-called AcTIONES IN REM by which the

Formula Baetica. An epigraphically preserved exam- plainti# claims a right over the thing at issue. The ple of a FIpuciA as a pledge (mancipatio fiduciac formula petitoria is applied in a REI VINDICATIO. It

causa) given to a creditor. is opposed to another form of process when ownerEdition: Arangio-Ruiz, FIR 3 (1942) no. 92; Graden- ship of a thing is involved; see AGERE PER SPONwitz, SbHeid 1915, 9, p. 12. SIONEM.

Formula census. See LEX CENSUI CENSENDO. Formula praeiudicialis. The formula of the so-called

Formula certa—incerta. See ACTIONES CERTAE. prejudicial actions; see ACTIONES PRAEIUDICIALES. Formula Fabiana. See acTio CALVISIANA, FRAGMEN- The formula has only an INTENTIO and NO CONDEM-

. | gally important fact only.

TUM DE FORMULA FABIANA. RATION Since the Ana se cone by the nage estan ome NeeCIa. oe ACTION ES See ronanLa IN 10S Formulae. Formularies for last wills. contracts, ac-

concerta.—D. 19.5. pra. tions, and the like. Collections of such forms were a De Francisci. StSen 24 (1907); De Visscher, RHD 4 favorite type of Juristic writings in the early Re-

(1925) 193 (= Etudes de dr. rom. 1931, 359) ; Lévy-Bruhl, public. Such collections are known as 1UsS AELIANUM Prudent et préteur, RHD 5 (1916) 3: Lenel, ZSS 48 (see AELIUS PAETUS CATUS), IUS FLAVIANUM, Monu-

(1928) 1; Fabia, Mél Huvelin, 1938: Collinet, La nature menta Mantliana (see MANILIUS). The last collecdes actions, 1947, 337; Philonenko, RIDA 3 (= A/él De tion written by Manlius Manilius (consul 149 s.c.)

Visscher 2, 1949) 237. was in use until the end of the Republic.

476 ADOLF BERGER [TRANS. AMER. PHIL. SOC. Fortasse, fortassis, forte. Perhaps, perchance, by Fragmenta de iure fisci. A few excerpts from a accident. The words are used frequently by the treatise on the rights of the fisc. Author and date compilers to introduce fictitious examples or, par- are unknown. The manuscript is preserved on ticularly by nisi forte, to add some restrictions to a parchment; it was written in the fifth or sixth cen-

legal norm expressed before. tury.

Guarneri-Citati, Indice (1927) 40 (Bibl.); tdem, S# Editions in all Collections of Fontes; the most recent one

Riccobono 1 (1936) 721. _ in Baviera, FIR 2 (1940) 627.—Brassloff, RE 7.

Fortuitus casus. An accident “which cannot be fore- Fragmenta Vaticana. A collection of legal texts preseen by human mind” (D. 50.8.2.7)—See casus served in a Vatican manuscript. It contains excerpts

(Bibl)., TERRAE MOTUS. | from the works ot Papinian, Ulpian, and Paul (iura) Kiibler, Fg Gierke (1911) 26. and imperial constitutions, primarily by Diocletian

Forum. (In procedural law.) The competent court (leges). For the selection of the constitutions the (forum competens) before which one can be sued. Codices Gregorianus and Hermogenianus were probSpecial courts had jurisdiction in specific cases; see ably used but not the Codex Theodosianus. The DECEMVIRI STLITIBUS IUDICANDIS, CENTUMVIRI, RE- collection was compiled presumablv in the second

CUPERATORES. There were praetors with a special half of the fourth century. jurisdiction, as, eg., the praetor fideicommmtssarius, Editions in all collections of Fontes (see General Bibliogtutelaris, and likewise the prefects in Rome were com- raphy, Ch. XII), recently Baviera, FIR 2° (1940) 463; controversies connected some- Brassloff, RE 7; Volterra, NDI 12 (s.v. Vat. Fr.) ; Felpetent; in . --particular . a . gentrager, in Romantstische Studten (Freiburger rechtsgewhat with their specific domain of administration. schichtliche Abhandlungen 5, 1935) 27; Albertario, Studi A general rule, actor sequitur forum rei (C. 3.13.2; 5 (1937) 551; F. Schulz, Hist. of R. legal science, 1946, 3.19.3; Frag. Vat. 326) established that the plaintiff aug “5 poila, Ser Ferrint 4 (Univ. Sacro Cuore, Milan,

could sue the defendant only where the latter had his F ) 91. b . tee judicial status either through origin (origo) or domi- Fragmentum de bonorum povhed to P. a brief text cile (see DOMICILIUM, INCoLA). If the defendant is cerved on a parchment het d to Paul; it is pre-

summoned (in ius vocatio) before a magistrate not er’ - o..

competent to try the case, he must answer the sum- pst steao) aan Meyer, 255 42 (1921) 42; Baviera, mons, but the magistrate will refuse the action to the Fragmen de formula Fabiana. A brief excerpt plaintiff (denegare actionem). The place where the P re iting (by Paul?) din lit defendant had to pav the debt, determined in certain rom a juristic writing ( y taul-), named in itera th tent court. In Justinian’s law trials ture “de formula Fabiana” rather inappropriately in

cases the comperent ¢ ble belonged to th f spite of three mentions of that formula. It is pre-

concerning an immovable belonged to the court o served in a parchment manuscript.—See ACTIO CALthe place where the immovable was situated. For delictual obligations the place where the offence was VISIANA. anon ee P Edition: Baviera, FIR 2 (1940) 429 (Bibl.).—Albertario,

committed was decisive in the later law. For all Studi § (1937) 571.

these kinds of fore non-Roman terms were coined in Fragmentum Dositheanum. This name is applied to literature (forum domicilit, contractus, rei sitae, de- a longer excerpt from a collection of passages used licti). Non-Roman is also the term forum proro- for translations from Latin into Greek and vice versa. gatum (prorogatio fori), when, by an agreement of 1+ is commonly ascribed to the grammarian of the the parties, a special court was selected. A change ote fourth century after Christ, Dositheus, the author of the court after the joinder of issue (litis contes- of Ars grammatica. The text preserved in both lantatio) was impossible. It was the duty of the judicial guages, is inaccurate and full of errors and contains magistrate approached by the parties ‘to examine = some general conceptions and an extensive section on whether he was competent in the specific case” (a2 = anumission which goes back probably to a classical

sua est iurisdictio, D. 5.1.5). —-D. 5.1: C. 3.13. elementary treatise.

Kipp, RE 7. ; Editions in all collections of Fontes (see General Bibliog-

Forum. A market place, a small community (like raphy, Ch. XII); lastly by Baviera, FIR 2? (1940) 617.—

—_ INA . . . . . i i { ction for damag

vICUS). Jérs, RE 5, 1603; Berger, RE 10, 1192; G. Lombardi, Il Schulten, RE 7, 62 (no. 3); Thédenat, DS 2, 1278. : concetto sen ee (Bibl). ct : rangere. To br e verb aed occurs in .connection

Fossa. & channel a water way.—See LACUS, FLUMII with the harmful wrongdoings in the LEX AQUILIA

Fragmenta de iudiciis. Three brief excerpts from an which may provide cause for an action fo

. . . Quelques observations sur I’interprétation romaine de la

used to demand (exigere) excessive donations on LR., 1934; De Martino, RDNav 1 (1935) 217, 3 (1937) . the occasion of the feast of the Saturnalia. 335, 4 (1938) 3.180; Léfébvre d’Ovidio, RDNav 1 (1935) ,

Berger, RE Suppl. 7, 410. 36: R. Zeno, Storia del diritto marittimo 1946, 22; Osu- ;

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 559

°), omos odion - . .

chowski, Jura 1 (1950) 292; Wieacker, S# Albertarto 1 was still a Roman province. Only chapters 30-33 (1932) oS. For the Byzantine compilation of mariume are epigraphically preserved. The inscription is of tes, see Ashburner, The Rhodian Sea-law, 1909; Perugi, paramount importance for the kn owledge ot certain

Roma ¢ l’Oriente 4 (1914) 9, 24, 140. legal institutions, such as operis novi nuntiatio and

Lex Romana Burgundionum. (Ca. av. 500.) Be- cautio damn infecti, as well as of the jurisdiction of

; Pre : execution against conjesst).

longs to the so-called LEGES ROMANAE BARBARORUM. (execurio eect cp ves procedural questions

1s complain of Roman lea rules fr the use Se: ites A CIAL) 1 (BL); Gn

. ; . witz, Versuch emer Decomposition des Rubrischen Frag-

the three Codices, Gregorianus, Hermogemanus and ments, SbHeid 1915; Berger, RE 12, 2412.

Theodosianus, some post-Theodosian Novels, and [ex Rupilia. (131 B.c.) Organized Sicily as a prov-

juristic writings of Gaius and Paul. ince. It is frequently referred to in Cicero's orations Berger, RE 12, 2406; Baviera, FIR 2 (1940) 713; De arainst Verres Salis, Monumenta Germaniae Historica, Legum sectio 1, gal - > 2 (1892): H. Ritegger, Etnfltisse des rom. Rechts in der Weiss, RE 12, 2413.

L.R.B., Diss. Berne, 1949. Lex Saenia. (30 38.c.) See Lex cassia of 45 B.c.

Lex Romana canonice compta. A collection of con- Acta Divi Augusti 1 (1945) 107. stitutions irom Justinian’s Code, primarily concerned Lex Salpensana. (a.D. 82-84.) A municipal constiwith ecclesiastical matters. It was compiled in Italy tution of the Latin municipium Salpensa. A part of

in the ninth century. the text, together with the LEX MALACITANA, was

C. G. Mor, L.R.c.c., Pubbl. Univ. Pavia, 1927. found on a bronze tablet near Malaga in Spain. The Lex Romana Raetica Curiensis. Also called Utinen- sections of the two charters preserved inform us sis. (Of the late eighth or ninth century.) Built about municipal magistracies, manumission of slaves up on the pattern of the LEX ROMANA VISIGOTHORUM, and appointment of tutors (Lex Salpensana), munici-

for the use of Roman citizens in the Franconian pal assemblies, candidates in elections and voting, the

state. administration of municipal funds, tax-farming, fines, Berger, RE 12, 2406; Edition: Zeumer, Monumenta Ger- and the like (Lex Malacitana). Some provisions are

maniae Historica, Leges, 5 (1889). preserved in both charters.

Lex Romana Visigothorum. By order of Alaric II, Kornemann, RE 16. 614: Riccobono, FIR 1? (1941) king of the Visigoths, a compilation of Roman Law 202, 208; Schulz, St Solazsi (1948) 451. was made ior the use of Roman citizens in the Visi- Lex Scatinia (Scantinia). Against stuprium cum mas-

gothic state. The sources excerpted in the collection culo (= pederasty, 149 B.c.). The penalty was a are the three Codes, Gregorianus, Hermogenianus fine of ten thousand sesterces. and Theodosianus, the post-Theodosian Novels, Berger, RE Suppl. 7, 411; Weiss, RE 12, 2413. Gaius’ Institutes and Paul’s Sententiac. The ex- Lex Scribonia. (About 50 3.c.) Excluded the acquicerpts trom the Sesxtentiae and the Theodosian Code sition of servitudes through usucapio. are provided with paraphrastic and explanatory notes, Leonhard, RE 2A, 1826; G. Rotondi, Leges publ. populi interpretationes, of unknown origin, but not unim- Romani, 1912, 414; Levy, St Albertario 2 (1950) 221. portant for they often contain additional details. Lex semiunciaria. (De j enOre SEMMNCIATIO, 36/ B.C.)

The Lex Romana Visigothorum is called also Bre- Reduced the fenus unciarium to half the former rate. viarium Alaricianum (Alarici).—See INTERPRETA- se re RE Sunol 7 304.

TIONES AD CODICEM THEODOSIANUM, EPITOME GAI. TEST . uppl. 7, — .

Edition: Haenel, L.R.V., 1949; Baviera, FIR 2 (1940) Lex Sempronia agraria. There were two agrarian

655 contains excerpts of the Coder Gregorianus and Her- laws under the name Sempronia: one of the tribune mogenianus, and xe appendices of the ee epitome Gat, Tiberius Sempronius Gracchus of 133 B.c., the other Boston, 1910.—Bibl.: Berger, RE 12, 2407; Baudry, DS 1 _Gaius Sempronius Gracchus of 123 3.c.—See

t . . ransiaviion: o. ©. ocott, é sigotnic Code, : : "i —(sv. Breviarium A.); Patetta, AG 47 (1891) 3; Calisse, bEGES AGRARIAE.

AG 72 (1904) 143; M. Conrat, Breviarium A., 1903; idem. G. Rotondi, loc. cit. 298 (Bibl. on the Gracchi, see also Die Entstehung des westgothischen Gaius, 1905; idem, Der Rotondi, Serst#i 1, 1922, 421), 307; Vancura, RE 12, 1169;

westgothische Paulus, 1907; G. G. Archi, L’Epitome Gai, Terruzzi, BIDR 36 (1928) and Ath 5 (1928) 85.

1937; Lear, The public law in the Visio. Code, Speculum Lex Sempronia de abactis. (123 3.c.) A magistrate 26 (1951) 1; Bruck, St Arongio-Ruiz 1 (1952) 202. forced to resign his office by a decision of the people

Lex Roscia. See EQUITES. could not obtain another office.

Lex Roscia theatralis. (67 B.c.) Contained some Berger, RE Suppl. 7, 412. rules about the distribution of seats in the theaters. Lex Sempronia de provocatione. (123 3.c.)

The equttes were seated behind the senators.—See Strengthened the rules regarding the appeal to the

LEX IULIA THEATRALIS. people (provocatio). Von der Mihll, RE 1A, 1126 no. 22. Cuq, DS 3, 1164.

Lex Rubria de Gallia Cisalpina. A charter for Gallia Lex Sempronia frumentaria. (123 B.c.) A plebisCisalpina, issued before 42 3.c. when the territory cite proposed by G. Sempronius Gracchus, introduced

560 ADOLF BERGER [TRANS. AMER. PHIL. SOC. the distribution of grain (frementatio) to all Roman Lécrivain, DS 5S, 412; De Villa, NDI 12, 1, 552; Strascitizens: five measures, modii, monthly at the fixed bur; ger, RE 7A, 519; Rotondi, loc. cit. 438.

price of 644 asses. A later statute, ler Clodia (58 Lex Titia. On tutorship (under Augustus, date unB.C.), restricted the distribution to needy people. known) ; see LEX IULIA ET TITIA. Rostowzew, RE 7, 173; Cardinali, DE 3, 239: Van Lex Trebonia. (448 B.c.) Introduced the election of

1939. Rotondi, foc. cit. 206.

Berchem, Lo distribution du bié 4 la plébe rom., Geneve, ten plebeian tribunes in the concilia plebdis.

Lex Sempronia iudiciaria. See EQuUITES (123 B.c.). Lex Tullia de ambitu. (63 3.c.) Proposed under the

(1919) 355. Berger, RE 12, 2416.

Guénoun, Et Girard 1 (1912); Fraccaro, RendLomb $2 consulship of Cicero.—See AMBITUS.

Lex Sempronia. On interest. (193 B.c.) Provided’ Lex unciaria. See LEX CORNELIA POMPEIA. that Roman statutes on interest in loan contracts Lex Ursonensis. See Lex COLONIAE IULIAE GENEshould be also applied to transactions fictitiously (v1 TIVAE. jraudis) concluded with citizens of allied states (soci?) Lex Valeria de provocatione. (509 Bc.) At the in order to avoid the restrictions imposed on loan very beginning of the Republic, this established the

transactions among Roman citizens. rule that a Roman citizen sentenced to capital or cor-

Berger, RE Suppl. 7, 412 (no. 5); Rotondi, loc. cit. 271. poral punishment by a consul had the right of appeal

Lex servilia de repetundis. (111 3.c.) More severe to the people. The rule was confirmed by the Twelve than the previous laws on the crimen repetundarum. Tables, which provided that the appeal had to be It was the first statute to introduce the loss of political submitted to the comitia centuriata. The rule, ap-

rights as a penalty for repetundae. parently violated in later times, was repeated with

Berger, RE 12, 2414. severe punishments by a Ler Valeria Horatia (449

Lex Silia de condictione. An early statute of un- B.c.), again by a Ler Valeria (300 B.c.) and a cenknown date which established the legis actio per con- tury later by the LEGES PoRCIAE.—See PROVOCATIO.

dictionem for claims of a fixed sum of money (cer- G. Rotondi, Joc. cit. 190; G. Pugliese, Appuntt sui limsiti tum).—See LEX CALPURNIA, LEGIS ACTIO PER CON- dell’imperium nella repressione penale, 1939.

DICTIONEM. Lex Valeria. On the abolition of kingship. (509 B.c.) Nap, TR 9 (1929) 62. Threatened with the death penalty anvone who would

Lex Silia de ponderibus. (Date unknown, third cen- endeavor to promote the restoration ot kingship.

tury B.c.?) Introduced penalties for magistrates who Berger, RE Suppl. 7, ald. ;

forged, or participated in a forgery of. weights or Lex Valeria. On debts. issued in a time of economic

measures. crisis. (86 B.c.) Permitted the debtors to pay only Riccobono, FIR 1* (1941) 79. one-fourth of their debts and freed them from the

Lex Tarentina. See LEX MUNICIPII TARENTINI. remainder. The statute, criticized later as turpissima Lex Terentia. (189 ..c.) Gave the sons of freedmen lex (= “a very bad law”), was in force only a few

citizenship optimo iure (with full rights). years, ;

Minzer, RE 5A, 652; Kabler, RE 9, 1545; Steinwenter, Lex Valeria Cornelia. (ap. 5.) See DESTINATIO. RE 13, 106. Lex Valeria Fundania. See LEX OppPra.

Lex Thoria. An agrarian law of 119-118 3.c., often Lex Valeria Horatia. See LEX VALERIA DE PROVOCA-

identified with the LEX acrarRta of 111 B.c. TIONE.

Vancura, RE 12, 1176; Rotondi, Joc. cit. 318; Thompson, Lex Valeria Horatia. (449 B.c., on plebiscites.) Classical Rev. 27 (1913) 23; Caspary, Klio 13 (1913) 84; Provided that “what the plebs assembled by tribes Hardy, nour ib inn ss 1938) oo 1912); D’Arms, (tributim ) ordered was binding on the whole people”

og: . . . (Livy 3.55).—See LEX PUBLILIA PHILONIS.

Lex Titia de aleatoribus. A republican statute which G. Rotondi, loc. cit. 203: Humbert, DS 1, $46: Guarino, allowed betting on sports in which the bravery (vir- Fsehr Schulz 1 (1951) 461. tus) of the competitors was implied. The statute is Lex Valeria Horatia. (449 8.c.) On the inviolability mentioned (D. 11.5.3) together with a Ler Pubdlicia of the plebeian tribunes.—See SACROSANCTI. .

and a Lex Cornelia the provisions of which are Lex Valeria Horatia. (4493.c.) On senatusconsulta.

unknown. It ordered the deposition of senatusconsulta with the

Lex Titia. (43 B.c.) Introduced an extraordinary plebeian aediles in the temple of Ceres. magistracy, a commission of three persons for the Lex Vallia. (Second century z.c.) Permitted the reorganization of the constitutional structure of the = debtor in some cases of MANUS INIECTIO to resist , State, tresviri retpublicae constituendae causa (the immediate arrest by the creditor who laid hands upon first triumvirate was composed of Octavian, Antonius, him by repelling this gesture (manum repellere), and

and Lepidus). They were invested with full con- to defend himself without the aid of a guaranty sular power for five years and with the right to (VINDEX).

appoint magistrates. The commission was appar- Taubenschlag, RE 14, 1401; Berger, RE Suppl. 7, 416:

ently renewed by a statute of 37 B.c. G. Rotondi, loc. cit. 478.

VOL. 43, PT. 2, 1953] ENCYCLOPEDIC DICTIONARY OF ROMAN LAW 561 Lex Varia. (90 B.c.) Punished for treason those imposing limits on the amount of legacies, aimed at who “by help and advice” (ope et consiiio) induced making inheritances more attractive to the heirs inan allied country to take up arms against Rome. stituted and thereby discouraging their refusal of the

G. Rotondi, loc. cit. 339. testamentary inheritance, by which action all dis-

Lex Vatinia. See REIECTIO IUDICIS. positions of the testator would be frustrated (testaLex venditionis. The conditions of sale in the case mentum desertum, destitutum). On the other hand,

of BONORUM VENDITIO of an insolvent debtor. Gen- the lex Voconta had a purpose of more social char-

erally lex vendttionts indicates a specific clause in a acter, namely to restrain the luxury of women insale which differs from the normal provisions of such heriting big patrimonies. The rule, mentioned above

a contract.—See LEX CONTRACTUS. under 3, was superseded by the Lex FaLtcmpia. The

Vazny, BIDR 40 (1932) 72. incapacity of women to be instituted testamentary

Lex Vetti Libici. A statute of unknown origin and heirs was somehow alleviated by the Augustan legiscontent. The name is preserved in an imperial con- lation on marriage and lost its practical significance stitution (C. 7.9.3.1) which notes the extension of no later than the beginning of the second century. that law to the provinces. The name is certainly An allusion to the motivation of the lex Voconia, corrupt. The law apparently dealt with the citizen- unfavorable to women’s rights of succession is reship of freedmen, who before the enfranchisement flected in the term Vocomtana ratio.

were servi publict. 2418 (Bibl.) ; Ronee 258 i 2; ee ° 2 °pyommwenter, : > rassioz, tenRE Zur12, Ton. OCNISGESCRICRIE, Leonhard, RE 12, 2417; Cuq, DS 3, 1167; G. Rotondi, 70, Cassis, AnCat 3 (1950). 9

dictatorship.—See LEX ANTONIA. . ;

Lex Vibia. (43 p.c.) Renewed the abolition of the prerehant coe BELLUS cbettomtn, Lex Villia. Called annalis (180 z.c.). Fixed the Pibellus. A small booklet (liber), a pamphlet. The minimum age for Roman magistrates: for consuls aoe is applied to all kinds of petitions or letters iorty-three years of age, ior praetors forty, for addressed to the cmperor oF a high official. , Syn. aeitles curules thirty-seven. The interval of ume preces, supplicatio. Written complaints in civil or between the tenure of two offices was settled at two criminal matters (accusations) as well as written vears. . declarations (attestations, issued by an official or a

” “Humbert, DS 1. 270: Rotondi, ioc. cit. 278: Fracearo, private person) are also termed /ibellus. In the CentCodPar (1934) 473; Afzelius, ClMed 8 (1947) 263, Roman civil procedure of the later Empire a libellus

Lex Visellia. On freedmen (av. 24). Freedmen of (= Petition, complaint) of the plaintiff was the start a lower degree of citizenship (LATINI TUNIANI) ob- of proceedings called per libellum.—See A LIBELLIS,

tained full Roman citizenship as a reward for six ey Pree and the plowing dene D 5 4: L. De Sarl

years’ service in the fire brigades (victLes) of H docamento come p ggetto i rapport 935,87. Rome. Another provision of the law punished freed- Libellus accusatorius. A written accusation. adthe who falsely pretended to be free-born. Under dressed to the competent ofncial with the purpose of

e Statute freedmen were excluded from municipal near ‘minal trial : _s

offices, especially from the decurionate.—C. 9.21. inmanng @ cm against a person.—-o¢ee Leonhard, RE 12, 2418; Rotondi, loc. cit. 465; Schneider, ACCUSATIO. ;

ZSS § (1884) 245. Libellus appellatorius. See APPELLO. Lex Voconia. (169 8.c.) Contained several provisions Libellus contestatorius. A petition by which a person concerned with the law of succession: (1) No woman appointed as a guardian requests to be released on could be heir (heres) to an estate having a value the grounds of a legal excuse.—See EXcUSATIO. greater than a fixed amount on which the available Libellus contradictionis (contradictorius). A writ-

historical sources do not agree (it was at least ten reply by which one party to a trial contradicts 200,000 asses). The restriction did not apply to the claims or facts presented by his adversary. In intestate inheritance and to legacies, nor to testa- the libellary procedure (per libellum) libellus contraments of Vestal virgins and of the flamen Dialts. dictionts 1s the defendant’s written reply to the libellus (2) Admitted among female agnates only the sisters conventions of the plaintiff —See the next item. of the deceased to intestate succession. (3) No Betti, ACDR Roma 2 (1935) 152. one person—male or female—could receive by legacy Libellus conventionis. A complaint addressed to the more than the heir (or all heirs together) instituted judicial magistrate (in provinces, to the governor) in in the last will. This prohibition was also limited to which the writer presents the facts on which he bases larger estates, as above. The possibility remained of his claim against the defendant. Thereupon the ofleaving the heirs very small portions in order to make ficial authorizes the plaintiff to summon (with the numerous small legacies. The lex /oconta belongs, assistance of a subordinate clerk of the court, e.rsetogether with the former LEX FURIA TESTAMENTARIA cutor), the defendant communicating the libellus con-

and the later LEX FALCIDIA, to the statutes which by ventionis to him. The defendant either recognizes

562 ADOLF BERGER (TRANS. AMER. PHIL. SOC. the plaintiff’s claim or denies it in a written libellus Libellus repudii. See pivorrium. contradictorius in which he assumes the obligation lLibellus rescriptorum. See LIBER LIBELLORUM REto appear before court.—See the foregoing item. SCRIPTORUM. V. Premerstein, RE 13, 49; Mitteis, SdLetps 1910, 61; Liber. A son. See LIBERI (children).

Reckegotch 1008) 4. ene ze (1930) ua 64 Liber. (In juristic writings.) A book as a division (1934) 373; idem, SDHI 1 (1935) 132: idem, Fschr of a written work. The jurists used to divide their

Wenger 1 (1944) 180; P. Collinet, Lo procedure par libelle writings into books (/ibr1). The average size of a (Et historiques sur le drost de Justinien 4), 1932; Betui, liber was from 1500 to 2500 lines, each of approxiACDR Roma 2 (1935) 145 (Bibl.); Balogh, St Ricco- mately 35 letters. Gaius’ Institutes are divided into

bono 2 (1936) 453. commentari. A writing consisting of one book only

Libellus dimissorius. (Appears only in the plural, = liber singularis.

libelli dimissorii.) See LITTERAE DIMISSORIAE, AP- P. Krager, ZSS 8 (1887) 76.

PELLO—D. 49.6. Liber. (Adj.) Free. For liber in the sense of a free

Libellus divortii. See DIVORTIUM. , man, see LIBER (HOMO), LIBERTAS, STATUS LIBERTALibellus familiae. (Liber patrimonti.) A book in Tis. Generally, according to the connection in which

which the whole property of the family (estate, slaves, it is used, liber means iree irom any legal or factual

valuable iurniture, etc.) was recorded. restrictions; with reference to immovables = free

Libellus famosus.