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Article

Tony Honoré

Theodosian Code (Codex Theodosianus), a collection of some 2,500 imperial laws collected and published between 429 ce and 438 on the authority of *Theodosius (3) II. By about 400 it had become clear that a new collection was needed to supplement the Codex Gregorianus and Hermogenianus of a century earlier (see codex). The law in the western and eastern parts of the empire had to be harmonized, its bulk reduced, forgeries eliminated, and a decision reached on which imperial laws were general, and so entitled to prevail over corrupt or improvident concessions to petitioners (rescripta, adnotationes). Given the disorder of the western empire, the eastern government took the initiative. In March 429 Theodosius II in Constantinople set up a commission, consisting of eight officials or ex-officials and a practising advocate, to collect all the general laws they could find from Constantine onwards, arrange them in chronological order under subject-headings, and shorten them so that only the operative part remained (CTh. 1. 1. 5). They were not to harmonize conflicting laws, but it was envisaged that ultimately the new Codex, together with the Gregorianus, the Hermogenianus and the writings of lawyers of authority would be fused in a harmonious whole.

Article

Tony Honoré

Titius Aristo, a Roman lawyer of high repute but possibly low birth, alive in 105 ce. He learned from C. *Cassius Longinus(2), was expert in public and private law, and was admired by *Pliny(2) the Younger (Ep. 1. 22, 8. 14). Active as legal consultant and advocate, he perhaps acted as adviser to *Trajan. He collected decisions known as decreta Frontiana, perhaps rulings of the senate presided over by a consul named Fronto. Sextus *Pomponius collected various writings of Aristo under the title Digesta (‘Ordered Abstracts’); but his work survives only in citation.

Article

Eric Poehler

The movement of people, animals, and vehicles through the ancient urban environment had a significant impact on the shape of ancient cities, but as an object of study, urban traffic is a relatively recent area of interest, one that has tended to focus on the Roman world. The range of methods available to consider the topic, however, are relatively many, including literary analysis, archaeological field survey, and a battery of technical methods, such as Space Syntax, Network Analysis, and Agent-Based Modeling. In all of these approaches, two models of movement—pedestrian and vehicular—remain paramount. The results of studying urban traffic have shed new light on the impact of different forms of urban design, the ways in which ancient people navigated those designs, and norms and formal systems in place in urban environments to order the movement of people and vehicles.

Whether on foot or borne by animals or vehicles, the movement of people and goods through ancient cities shaped those cities and the lives of those within them. The clustering of humble shopfronts on commercial streets and the monumental facades of processional routes alike owe their character to the passage of people moving for different purposes along their lengths. Indeed, as one of the most common elements of everyday urban life, interest in wheeled and pedestrian traffic consequently has become more defined in the classical world as greater attention is paid to non-elites and their material culture. Urban traffic is in fact another window onto everyday life, opening up opportunities to examine the reciprocal effects of city plans and their architectural elaborations on the political, economic, and social landscapes draped over them.

Article

Tony Honoré

Gaiu Trebatius Testa, an equestrian (see equites) Roman lawyer to whom *Cicero, a close friend, dedicated his Topica (‘Topics’). Cicero having recommended him to *Caesar as legal adviser, he enjoyed the latter's favour and later that of *Augustus (see also Hor.Serm. 2. 1. 4 f.). An ingenious casuist whose extensive writings do not survive, he persuaded Augustus that informal codicils could properly be recognized as valid (Justinian, Inst.

Article

Tony Honoré

Tribonianus, the main architect of *Justinian's codification of Roman law in the 6th cent. ce, was a lawyer from *Side in Pamphylia who practised as an advocate and rose to be *magister officiorum (master of offices) and in September 529 quaestor (minister of justice). He was a member of the commission to prepare Justinian'sCodex of imperial laws (ce 528–9), and in 530 Justinian put him in charge of the preparation of the Digesta of legal writings (530–3), which he supervised throughout. He seems also to have played a full part (though this is disputed) in the detailed work of excerpting and editing the texts of earlier lawyers, of which he had a large personal collection and a deep knowledge. In 533 he headed a commission of three to prepare an up-to-date version of *Gaius(2)'s Institutes, and in 534 produced a second edition of the Codex.

Article

T. Corey Brennan

Tribunicia potestas (tribunician power) refers to the rights granted to Rome’s tribuni plebis—including sacrosanctity, that is, personal inviolability while in office—and (later) to the claim by Roman emperors to the plebeian tribunes’ privileges, a status which they employed to reckon their own years of rule and also publicly designate a successor. In official titulature the emperors commonly list it second among their distinctions (with number of continuous years held, thus functioning akin to a regnal year), after the office of pontifex maximus and before the number of imperatorial acclamations and consulships (see imperator, consul).Tribunes originally received their prerogatives to defend and support the plebs, which essentially formed a “state within a state” in the Roman polity. But already in the mid-4th century bce, tribunes were using their powers more generally in senatorial politics; by the early 3rd century bce, the tribunes also had made themselves indispensable to the smooth functioning of the Roman legislative process. Though the plebeian tribunate lasted well into the imperial period, its practical and political importance faded swiftly with the demise of the Republic. Already in 48 bce the patrician Caesar received an extraordinary grant of tribunicia potestas (later confirmed for life) without having to hold the office of the tribunate itself.

Article

Peter Sidney Derow

Tribuni plebis (or plebi), ‘tribunes’, were the officers of the plebs first created in 500–450bce (traditionally in 494, the date of the first secession of the plebs and their corporate recognition). The word is evidently connected with tribus, but it is uncertain whether the tribunes were at first chiefs of the tribes who later became officers of the plebs (they are sometimes φύλαρχοι in Greek, but δήμαρχοι is standard), or whether the title imitated that of the tribuni militum already existing. The original number of the tribunes is variously given as two, four, or five; by 449 it had certainly risen to ten.The tribunes were charged with the defence of the persons and property of the plebeians (ius auxilii). Their power derived not from statute (initially, at least) but from the oath sworn by the plebeians to guarantee their sacrosanctitas, or inviolability. Elected by the plebeian assembly (conciliumplebis, more usually called comitiaplebis tributa) and exercising their power within the precincts of the city, the tribunes could summon the plebs to assembly (ius agendi) and elicit resolutions (plebiscita; see plebiscitum).

Article

Graham Burton

Tributum was a direct tax paid by individuals to the Roman state. Until 167 bce citizens of Rome were liable to pay a tributum which was in principle an extraordinary (in contrast to the regular vectigalia) levy on their property and might be repaid. The total size of the levy was decided by the senate and varied from year to year. In some years, e.g. 347–345, no tributum was levied. After its suspension in 167 bce this form of tributum was only again levied in the exigencies of the civil wars after Caesar's murder. Under the emperors Rome and Roman Italy were exempt from direct taxation. After 167 bcetributum came to denote the direct taxes raised in the provinces, either in the form of a land-tax (tributum soli) or poll-tax (tributum capitis). These were paid by all inhabitants of the provinces, whether Roman citizens or not, except by citizens of coloniae (see colonization, roman) which normally possessed the *ius Italicum and were consequently exempt, usually from both taxes (Dig.

Article

Piero Treves and Barbara Levick

Trinundinum was the interval between three nundinae (market days, held every eight days), required between moving and voting a resolution, or between candidates' declaration of their intention to stand for office (professio) and the polling, or between the promulgation and execution of a sentence, etc. Formerly supposed to be a fixed period of twenty-four or twenty-five days, it is best interpreted as a variable interval that includes three nundinae.

Article

Piero Treves and Tim Cornell

Tumultus was a state of emergency decreed by the Roman state when threatened by hostile attack. *Cicero (Phil. 8. 3) states that the ancients had distinguished two types, the tumultus Italicus, a war in Italy (which to Cicero and his contemporaries meant a civil war), and the tumultus Gallicus, a Gallic attack (Gaul being the only province bordering Italy). When a tumultus was pronounced there was a suspension of normal state business (*iustitium), military leave was cancelled, and all the citizens, wearing the military dress called the sagum, were levied (Cic. Phil. 5. 31). The procedure probably goes back at least as far as the Gallic raid of 390 bce (Diod. Sic. 14. 114. 1), and is recorded in accounts of the 4th cent. (e.g. Livy, 7. 9. 6, 361 bce). An emergency levy (tumultuarius dilectus) was the only time that *proletarii (citizens who fell below the military census qualification for military service) could be enrolled (Gell.

Article

Carlos Amunátegui Perelló

According to the tradition, during the early Republic (451–450 bce), during the Struggle of the Orders, a commission was set up to make the laws for the Romans. After two years, the results of the commission’s work were published on twelve boards of wood, perhaps bronze. These were known as the “Twelve Tables.” Tradition says they became fundamental to Rome’s institutional frame. Unfortunately, this is not easy to prove, for the text was lost during the early Middle Ages. The reconstructed versions are due to the casual quotes of historians, jurists, and antiquarians from later times, who happened to call upon its authority while discussing other subjects. The Humanists (16th century ce) made several attempts to reconstruct it, and the versions now available are due to their efforts. Scholarship has debated almost every aspect of the text, from its origin, to its scope, its contents, and its grammar. Only a few conclusions are widely held. Most scholars believe the document was written during the 5th century bce under the influence of Greek models. Its importance seems to lie in the fact that it managed to merge law and legislation in a way that put statutes at the centre of the Roman legal system.

Article

Marcellus Ulpius, a lawyer of the mid-2nd cent. ce, whose family, probably from *Asia Minor, had become Roman citizens under Trajan, and was himself of equestrian rank (see equites). He taught and practised law in Rome and advised *Antoninus Pius and Marcus *Aurelius as a member of their respective councils (see consilium principis). He wrote at least five books (libri): De officio consulis (‘On the Duties of the Consul’), a book of Responsa (‘Consultative Opinions’), and 31 of Digesta (‘Ordered Abstracts’), his most important work, which belongs to the 160s ce. It constitutes a refined analysis of material from various sources. Q. *Cervidius Scaevola and *Ulpian annotated it. A writer of independent mind, he published notes on *Julianus'Digesta criticizing some of Julianus' free-wheeling innovations. Justinian's compilers excerpted over 120 passages from his work (see justinian's codification).

Article

Piero Treves and Andrew Lintott

Viatores were attendants on magistrates (see magistracy, roman), one of whose main functions was to summon persons to the magistrate's presence. Thus they might be used, for example, to call senators to a meeting from their country homes. However, they also had a function more akin to that of a bailiff, acting in the presence of a magistrate to seize a criminal or his property or indeed a recalcitrant political opponent. This last function was especially useful to a tribune (see tribuni plebis), who, unlike a consul or praetor, had not the help of *lictors. So *Caesar had M. *Porcius(2) dragged from the senate, and Ti. *Sempronius Gracchus(3) removed his fellow-tribune M. *Octavius from the tribunal. By the late republic they formed a corporation divided into several decuriae according to the rank of the magistrates (the first was therefore the decuria consularis).

Article

Nicholas Purcell

Vicomagistri, officials of a *vicus, which was a miniature body politic, and was entitled to possess property, administer common funds, and appoint officials. These magistri or vicomagistri, who were allowed to wear the *toga praetexta, had a role in representing their community in the res publica. In the late republic the vici offered a chance of finding a sense of community in the chaotic life of the city, and so they and their leaders, like the leaders of the collegia (see collegium), played an important part in the organization of mass politics.Augustus reorganized the vici at the same time as the regiones (see regio). Their centre was a compitum or cross-roads, at which a cult of the *Lares or guardian deities of that locality was maintained, involving in particular a festival of the compitum called ludi compitalicii (see ludi), which had often been a focus for disturbances in the late republic. The cult now came to include Augustan Lares and the *genius of the emperor.

Article

vigiles  

Nicholas Purcell

Ancient cities made various arrangements for maintaining security at night; bands of night-wardens (nuktophulakes) were more often aimed at the prevention of sedition than the protection of property from theft, but fire, accidental or deliberate, was always the main preoccupation. Order in republican Rome was the responsibility of junior magistrates called tresviri capitales (see vigintisexviri) who were replaced at night by quinqueviri cis Tiberim (a team of five men with duties ‘this side of *Tiber’) because senators could not be expected to be on duty at unseasonable hours.The political importance of fire-protection at Rome had been recognized by M. *Licinius Crassus(1) and was exploited by M. *Egnatius Rufus. Augustus gave the *aediles a force of 600 slaves to deal with the problem after a fire in 23 bce (Cass. Dio 54. 2); in 7 the city was reorganized into regiones and vici (see regio; vicus) and the officials of the latter made responsible for fire-prevention (Cass.

Article

Nicholas Purcell

Six boards of minor magistrates at Rome were known by the collective designation vigintisexviri (the Twenty-Six) in the late republic: membership was a precursor to the quaestorship and the beginning of a senatorial career (Cic. Leg. TulliusDe leg. 3. 3. 6; the collective title is attested in inscriptions); see cursus honorum. The label may be late, even post-Sullan (i.e. after about 80 bce, see cornelius sulla felix, l.), but the administrative theory involved is probably of the 3rd cent., the date attributed to the creation of all the boards by Sex. *Pomponius (Digest 1. 2. 2. 31). The most important board, the judicial *decemviri stlitibus iudicandis, may have much earlier origins (Livy, 3. 55 suggests the existence of a ten-man panel of iudices in the 5th cent.), and the practice of sending praefecti (see praefectus) to *Campania, if not the developed institution of the four praefecti Capuam Cumas, may have begun in 318 bce (Livy, 9.

Article

Tony Honoré

Lucius Volusius Maecianus, a lawyer of the mid-2nd cent. ce, probably came from *Ostia, where inscriptions recording his career have been found. He became a libellis (secretary for petitions) to *Antoninus Pius in *Hadrian's reign, and about ce 150 returned as a libellis to Pius, now sole emperor, then became praefectus annonae (prefect of the corn supply) and in 160–2 governor of Egypt. He taught Marcus *Aurelius, even writing a book on fractions and measurements for him, but failed to impress the future emperor. He seems to have written in Greek on the Rhodian sea law; and his fourteen books (libri) on Iudicia publica (‘Serious Crimes’) broke new ground on a scale never later reached, as did his sixteen books on Fideicommissa (somewhat resembling trusts). (PIR2 5. 657.)BibliographyRealencyclopädie der Classischen Altertumswissenschaft, s.

Article

Jakob Aall Ottesen Larsen and Simon Hornblower

These, like much other international law (see law, international), depended on custom and showed a constant conflict between the higher standards of optimistic theory and the harsher measures permitted by actual usage, while passion and expediency frequently caused the most fundamental rules to be violated. Thus, the temptation to profit from a surprise at times led to the opening of hostilities without a declaration of war. Probably the law most generally observed was that of the sanctity of *heralds, for heralds were essential to communications between belligerents. Nor did Greeks frequently refuse a defeated army a truce for burying its dead, for the request of such a truce meant an admission of defeat and was usually followed by retreat. Beyond this there were few restraints except humanitarian considerations and the universal condemnation of excessive harshness: Thucydides’ indignation at the massacre at Boeotian Mycalessus seems partly prompted by the victims’ status as (Greek) non-combatants: 7. 29–30. Plundering and the destruction of crops and property were legitimate, and were carried on both by regular armies and fleets, and by informal raiding-parties and privateers, and even the sanctity of temples was not always respected. Prisoners, if not protected by special terms of surrender, were at the mercy of their captors, who could execute them or sell them into *slavery (see booty).