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Article

Tony Honoré

Gaius (2), the famous 2nd-cent. ce law teacher, was lecturing in 160/1 and still alive in 178. Though a Roman citizen, he was known, and apparently chose to be known, by the single undistinctive name ‘Gaius’. Some phrases in his work read as if written in Rome; others point to an eastern province. The key to the puzzle may be that Gaius, who speaks of the school of *Masurius Sabinus and C. *Cassius Longinus (2) as his teachers (nostri praeceptores), had his legal education in Rome but taught and wrote mainly in the east, *Berytus (mod. Beirut), since Augustus a Roman colony with Italian status (ius Italicum), being a possible location. He is best known for his Institutes (‘Teaching Course’), elementary lectures for students delivered in 160–1 but probably not published by himself. A 5th-cent. manuscript of these lectures, the most substantial legal work of the Principate to survive, was discovered in Verona in 1816 overwritten by later writing.

Article

Brian Campbell

Roman land-surveyors. They were more commonly called mensores or agrimensores, gromatici being a late term derived from the groma, which was the most important of the surveyor's instruments, used to survey straight lines, squares, and rectangles. It consisted of a wooden pole, on top of which was attached a cross; plumb-lines hung from each arm of the cross. Recent analysis suggests that the traditional reconstruction of a curved angle-bracket to connect the pole to the cross does not tally with the remains found in a surveyor's workshop in Pompeii in 1912, and may be unnecessary.The primary objective of the land surveyor was to establish limites, roadways or baulks intersecting at right angles and dividing the land into squares or rectangles (centuriae, hence limitatio, centuriatio (see centuriation)). He first plotted the two basic limites (decumanus maximus and cardo maximus), and then more limites were established parallel to these and designated ‘first limes to the right or left of the decumanus maximus’, and ‘first limes on the near or far side of the cardo maximus’, and so on.

Article

Adolf Berger, Barry Nicholas, and Susan M. Treggiari

Roman law distinguished tutela and cura as types of guardianship of persons sui iuris, i.e. those not subject to father or husband (by *patria potestas or *manus (see marriage law)). Tutela concerned children below the age of puberty (impuberes, eventually boys under 14, girls under 12) and women, cura those above these ages but under 25 (minors), lunatics, and spendthrifts.The original purpose of guardianship, conservation of property, is clear in the rule which gave tutela of an impubes on the death of the paterfamilias (see patria potestas) to the nearest male agnate (relation through males) as tutor legitimus (guardian indicated by statute; a male ex-owner was also statutory guardian to his freedwoman), the person who would inherit if the ward (pupillus/a) died. But already in the *Twelve Tables the father could appoint someone else by will. Later, failing these, a magistrate would appoint one. Tutela of males ended with puberty, when the ward could beget an heir who would exclude the agnate from the inheritance.

Article

Tony Honoré

Herennius Modestinus, a lawyer of the first half of the 3rd cent. ce and a pupil of *Ulpian, had connections in *Pontus (northern Turkey). In *Caracalla's reign he consulted Ulpian from Dalmatia, where he evidently held some junior office. From late 223 to early 226 he perhaps composed rescripts (replies to petitions, here of a sympathetic and helpful sort) as Alexander Severus' a libellis (secretary for petitions); see aurelius severus alexander, m. He became praefectus vigilum (chief of police; see vigiles) in Rome soon after this and was still giving responsa (consultative opinions) in 239. Probably as a teaching aid he composed nine books (libri) of Differentiae (‘Distinctions’), ten of Regulae (‘Guidelines’), and twelve of Pandectae (‘Encyclopedia’). From his consultative practice came nineteen books of Responsa. Among his monographs six books on exemption from guardianship, written for a lawyer friend in Pontus, are of special interest as the most substantial legal work known to have been composed in Greek; in general Modestinus made an effort to come to terms with provincial practice and Greek notions of law. Though in some ways a transitional figure, who foreshadows the more limited legal culture of the late 3rd cent. ce, his opinions were highly regarded and he was included among the five jurists of authority listed by the Law of Citations of 426.

Article

Roman lawyer of a systematic cast of mind, he came from the eastern empire and, to judge from evidence both of style and access to material, was *Diocletian's *magister libellorum (master of petitions) from the beginning of 293 ce to the end of 294, after which he probably served *Maximian in the west in the same capacity. He used the spare and uncompromising rescripts (replies to petitions; see constitutions; magister libellorum) which he drafted in that capacity, along with some western material, as the basis for his compilation of imperial laws (Codex Hermogenianus), probably completed in Milan in 295. Two further editions were published in the author's lifetime, at least one more after his death. His Codex remained in use until superseded by Justinian's Codex of 528, which incorporated many of its laws (see justinian's codification). Around 300 Hermogenianus wrote six books (libri) of Iuris epitomae (‘Summaries of the Law’), a synopsis of classical legal writing, in which the sources are not identified.

Article

Barry Nicholas

The Romans made a broad distinction, which was at first social but acquired in the Principate and thereafter an increasing number of legal consequences, between an upper class usually termed honestiores and a lower class of humiliores. No legal definition of the two classes is found, and the allocation of an individual to one or the other was probably at the discretion of the court. The legal consequences lay in part in the private law, but were most marked in the criminal law, honestiores being subject to milder penalties than humiliores (rarely the death penalty, never death by crucifixion or bestiis obicere; *relegatioin insulam in place of forced labour in the mines, etc.). The distinction is not the same as that drawn in the later empire between potentiores and tenuiores. The legal relevance of the latter distinction lies not in privileges conferred on the potentiores, but on the contrary in the restrictions which the legislator attempted to impose on their abuse of their wealth or position.

Article

Graham Burton

Immunitas was the exemption of a community or an individual from obligations to the Roman state or of an individual from obligations to a local community. As regards Roman taxation cities acquired immunity by *lex(1) or *senatus consultum or imperial decree. Immune status was in theory permanent but in practice, especially under the empire, revocable as in the case of Vespasian's revocation of Nero's grant of libertas and immunitas to Greece (see greece, history). Temporary grants of immunity from taxation, in special circumstances (e.g. natural disasters) are also attested; they might be made either by the emperor or by the senate. See free cities.Immunity for life from Roman taxation could also be granted to individuals by lex, senatus consultum, or imperial decree. Immunity from other state services (military service, forced labour, the provision of supplies to officials or soldiers) was also granted, as by the edict of Octavian as triumvir on the privileges of veterans (FIRA 12.

Article

Peter Sidney Derow

Imperium was the supreme power, involving command in war and the interpretation and execution of law (including the infliction of the death penalty), which belonged at Rome to the kings (see rex) and, after their expulsion, to *consuls, military tribunes (see tribuni militum) with consular power (from 445 to 367 bce), *praetors, *dictators, and masters of the horse (see magister equitum). Viewed generally, imperium represents the supreme authority of the community in its dealings with the individual, and the magistrate in whom imperium is vested represents the community in all its dealings. In practical terms, imperium may be seen as the power to give orders and to exact obedience to them (cf. imperare, to command). It was symbolized by the *fasces borne by the *lictors, of which the dictator had 24, the consul 12, and the praetor 6, to which was added the axe when the magistrate left the precincts of the city. Later in the republic imperium was held also by proconsuls and propraetors (see pro consule, pro praetore), who were either ex-magistrates or private individuals upon whom a special command had been conferred (privati cum imperio), and by members of certain commissions (e.

Article

Arnold Hugh Martin Jones

Indictio under the Principate meant the compulsory purchase of food, clothing, and other goods for the army and the court. Owing to the inflation of the mid-3rd cent. ce the payments made for such purchases became derisory and were finally abandoned. From the time of *Diocletian the term indictio was applied to the annual assessment of all levies in kind made by the praetorian prefects: the indictio declared the amount of each item (wheat, barley, wine, oil, clothing, etc. ) payable on each fiscal unit (caput, iugum, etc. ). From 287, indictions were numbered serially in cycles of five years, from 312 in cycles of fifteen years. The number of the indiction was regularly used for dating financial years (which began on 1 September) and sometimes for dating other documents. See finance, roman.

Article

infamia  

Barry Nicholas

Infamia as a legal term embraces a variable number of disabilities (the common one being an incapacity to act or appear for another at law—postulare pro aliis) imposed in a variety of circumstances. It is at root social, involving loss of fama (‘reputation’) or existimatio (‘good name’), but is given legal content by leges, senatus consulta, imperial constitutions, or by the praetor's edict in specific situations, such as condemnation in ordinary criminal prosecutions, condemnation in civil actions for delict and in other civil actions in which the defendant was guilty of a breach of faith (partnership, guardianship, mandate, etc. ), engaging in certain disreputable occupations. In classical law there is no single concept of infamia (or ignominia—the earlier word: see Gai. Inst. 4. 182), but in the law of Justinian (see justinian's codification) there appears to be an attempt to generalize.

Article

David Johnston

Among the propertied classes of Rome testation was regarded as a duty (officium). But where there was no will or it was invalid, the first claimants were the sui heredes (those in the paternal power (*patria potestas) of the deceased who by his death became independent); in their absence, second came the nearest agnates; and last—only in early law—members of the *gens (clan). The praetor, however, innovated by allowing cognates and emancipated children to claim.Roman law recognized wills by the time of the *Twelve Tables (c.450 bce). The essential feature of a Roman will was the appointment of an heir or heirs. The whole estate of the deceased including debts devolved on the heir, whose liability was unlimited. Strictly, sui heredes could not refuse even an insolvent estate, but in practice the praetor allowed them to abstain; only under Justinian was the liability of heirs limited, provided they completed an inventory of the estate within 90 days. In his will a typical testator might appoint tutors to his children, manumit slaves, and charge his heir to pay legacies. These were payable provided the estate was solvent, but were cut back if they exceeded three-quarters of the estate (lex Falcidia of 40 bce).

Article

R. Zimmermann

Many disputes surround the meaning of the term iniuria in 8. 4 of the *Twelve Tables: ‘If he has committed an iniuria the penalty is 25’ (Si iniuriam faxsit, XXV poenae sunto). It is not even clear whether there was a delict called iniuria, for according to A. *Gellius the text of 8. 4 was ‘If he has done something to another by iniuria…’ (Si iniuria alteri faxsit,…), iniuria merely being a qualification. But whatever the answer, it is most likely that 8. 4 dealt with physical assaults of a rather trifling nature, as opposed to membrum ruptum (‘mutilation of a limb’) of 8. 2 and os fractum (‘breaking of a bone’) of 8. 3. An important element inherent in the delict was the humiliation suffered by its victim. This aspect was to attain an ever greater significance until, in the course of the later republic, the specific manner in which the insult had been inflicted mattered so little that the requirement of a physical assault was dropped and protection thus extended to the non-physical aspects of personality. This change of perception found its expression in four specific edictal promises. (a) The oldest one (with forerunners in the Twelve Tables) dealt with convicium.

Article

Jean-Jacques Aubert

Because of the traditional reluctance of the Roman elite to engage personally in profit-oriented economic activities other than agriculture (Cic., Off. 1.151), entrepreneurs of all kinds formed a distinctive social class and would tend to act as non-advertised agents for those who may have had the needs, the means, and the willingness to operate businesses on a larger scale than the individual, subsistence-level enterprise. However, the concept of agency was foreign to Roman law, because acting on behalf and in the name of someone else smacked of magic. Consequently, agents were, at least originally, legally dependents, as slaves or sons and daughters in power, whose lack of legal personality enabled them to better their principal’s economic condition and eventually to engage both their delictual and contractual liability, under certain circumstances. The key to such a legal arrangement was the formal appointment (praepositio) of business managers (institores).

Article

Barry Nicholas

Institutes (institutiones). This was one of the titles given to elementary textbooks of Roman law. The best-known work of this kind is the Institutes of *Gaius(2). This was taken by *Justinian as the basis of his own Institutes. Though intended, like its model, as a students' manual, this work was given legislative validity. It was compiled by *Tribonianus and the professors Theophilus and Dorotheus, who had also been among Tribonianus' collaborators in the compilation of the Digest (see justinian's codification). It is essentially a cento or patchwork. The structure and a substantial part of the content come from the Institutes of Gaius, but the rest is taken from other classical elementary works, together with matter supplied by the compilers themselves to deal with post-classical changes in the law (mainly those made by Justinian himself). The principal classical sources (apart from Gaius' Institutes) are the Res cottidianae, another elementary work attributed to Gaius, and the Institutes of other jurists (Florentinus, *Ulpian, *Marcianus).

Article

Andrew Dominic Edwards Lewis

Intercessio, ‘interposition’, was the right of one Roman magistrate (see magistracy, roman) to veto the activity of another magistrate of equal or lesser authority. The possibility arose because magistrates were conceived as exercising collegiate power; only a magistrate with no peer, as the dictator was, could act free of this possible interference. The tribunes of the people (*tribuni plebis) shared with the regular magistrates the normal right of interposition against each other's acts but in addition, at some point in the republic, they obtained a veto over all other, superior, magistrates and enactments of bodies presided over by magistrates such as the comitial assemblies and the senate. They were able to exercise this extraordinary power, more revolutionary than constitutional in tendency, by virtue of their personal inviolability, even against magistrates, which was ultimately guaranteed by the people.

Article

Tony Honoré

Interpolation is the name given to retrospective changes in (legal) texts, especially those made by the compilers of Justinian's 6th-cent. ce codification (see justinian's codification) in texts dating from before 320 ce (see legal literature). Justinian, following the example of Theodosius II (see theodosian code), gave his commissioners both for the Codex and the Digesta power to shorten and alter the texts they edited to make them concise, clear, and elegant; but he went beyond Theodosius in instructing them to ensure that the texts were consistent with one another. The law promulgating the Digesta says that the compilers made many important changes for reasons of utility. This suggests that they went even further, and amended the texts in order to improve the law and not merely to ensure consistency. From about 1500 scholars began to search for these changes, and up to the Second World War the hunt gathered speed. It was argued that many passages had been radically rewritten or even composed from scratch. Words and phrases were picked out as ‘unclassical’ and hence reliable signs of interpolation.

Article

Andrew Drummond

Under the Roman republic, if both *consuls died or left office (together with the remaining ‘patrician' magistrates) without successors appointed, the ‘auspices reverted to the ‘patres’. The latter, probably the patrician senators, selected one of their number as interrex. Interreges, who were of *patrician birth and usually ex-consuls, held office in succession, each for five days, with consular powers. Their principal duty was to supervise the election of one or both new consuls: the theory that they simply presented one or two names to the assembly for acceptance or rejection has not been substantiated. The name interrex supports Roman assumptions that the institution derived from the regal period (see rex) and was used to effect the choice of a new king, although some scholars dispute its regal origins or attribute it a sacral function then.

Article

iudex  

Barry Nicholas

In the Roman civil process, with its division into two stages, before the magistrate (in iure) and before the judge (apud iudicem), the iudex was a private person taken from the higher social classes (the qualifications varied in the course of time), who was appointed to conduct the hearing in the second stage. No special legal knowledge was required. The choice of the judge lay with the parties and was normally, but not necessarily, made from a panel of qualified persons (album iudicum). The parties' choice was approved by the magistrate before whom the proceedings in iure were conducted. The iudex could not refuse the commission conferred on him by the magistrate's order to hear the case (iussum iudicandi), except on recognized grounds. For the proceedings at the trial see law and procedure, roman, § 2.The *Twelve Tables are said (Gell. NA 20.

Article

Adolf Berger, Barry Nicholas, and Andrew Lintott

Iudicium populi Is the term used by *Cicero for a trial before an assembly. Before the growth of *quaestiones such trials may have simply been classed as iudicia publica. According to Cicero (Dom.45) such a trial normally comprised three separate investigations (anquisitiones) before a *contio, in which the prosecuting magistrate both presided and prosecuted, and then, after a *trinundinum, a final vote. However, the lex Osca tabulae Bantinae (see lex(2)) decrees that such trials should have five parts. The *Twelve Tables (Cic. Leg. 3. 11) laid down that votes on a citizens's caput (i.e. his life or citizen status) could only take place in the greatest assembly, the comitia centuriata. But votes in trials for a financial penalty could take place before the tribes, in the comitia tributa or concilium plebis (see comitia). In the early republic we are told that duumviri perduellionis and quaestores parricidii prosecuted in these trials; in the middle and late republic they were a matter for tribunes, aediles, and perhaps quaestors.

Article

Tony Honoré

Iulianus (Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus), an important Roman lawyer of the 2nd cent. ce, came from Hadrumetum (Hammamet) in Africa (Tunisia) and was a pupil of *Javolenus Priscus. *Hadrian appreciated his legal expertise and made him quaestor at double the normal salary with responsibility for editing the praetor's edict, which was then enacted in permanent form by a decree of the senate in 131. He was a member of Hadrian's consilium (council; see consilium principis) and one of the heads of the Sabinian school (see masurius sabinus) in succession to Javolenus. He was consul in 148, then governor of Lower Germany, followed by a period out of office which fits the likely date of composition of the Digesta (‘Ordered Abstracts’), then governor of Nearer Spain about 161–4, and in 167/8 of Africa (Carthage). The future emperor M. *Didius Severus Iulianus was perhaps his nephew.