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Intercessio

(438 words)

Author(s): Gizewski, Christian (Berlin) | Meissel, Franz-Stefan (Vienna)
[German version] I. Constitutional law In Roman Republican constitutional law, the intercessio (from intercedere = to step in-between) denoted a veto against magisterial decrees (  Decretum ), against Senate resolutions (  Senatus consultum ) and against  rogations of all types presented to the various people's assemblies. It rendered decrees ineffective unless an intercessio was unlawful, as for example in the case of magisterial court decrees during an ongoing legal proceeding. Senate resolutions were reduced to mere recommendations (  auctoritas ) …

Auctoritas

(911 words)

Author(s): Gizewski, Christian (Berlin) | Willvonseder, Reinhard (Vienna)
[German version] I. General meaning Auctoritas refers to the ‘authorship’, ‘affirmation’ and ‘amplification’ of a thing and is derived from the meaning of the verb augere (‘to increase’) and especially from the verbal substantive auctor. In the legal life of Rome, the word designates various extraordinarily important institutions in the private and public spheres. Gizewski, Christian (Berlin) [German version] II. Public law In the Republic, auctoritas designates the sovereign position of the  Senate in constitutional law. The auctoritas senatus or auctoritas patrum is the …

Damnatio memoriae

(602 words)

Author(s): Gizewski, Christian (Berlin) | Mlasowsky, Alexander (Hannover)
[German version] I. Historical Damnatio memoriae (DM) was the process of erasing from the (public) memory of a person (usually a Roman emperor) whose name and images are removed from public inscriptions and buildings. Underlying this measure was the religious assumption, widespread in the Roman-Hellenistic world, that meritorious rulers, like heroes, had come from the realm of the gods and returned there after their death (Cic. Rep., somnium Scipionis; Verg. Aen. 6,734ff.). If divine origin was not sufficiently evident in the successes, good deeds and virtues of…

Curio

(238 words)

Author(s): Elvers, Karl-Ludwig (Bochum) | Gizewski, Christian (Berlin)
[German version] [1] Cognomen in the gens Scribonia Cognomen in the gens Scribonia ( Scribonius). Elvers, Karl-Ludwig (Bochum) Bibliography ThlL, Onom. 2, 757-760 Kajanto, Cognomina 318. [German version] [2] Head of each of the 30 curiae Curio is the name traditionally given to the head of each of the 30 curiae, the old class of the Roman people between the tribus and the gentes. The curiones is assisted in his religious role by a flamen curialis; at the head of the curio was a curio maximus (Liv. 27,8,1; CIL VIII 1174) elected by all the people. We cannot delineate in detail a…

Creatio

(725 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from creare: ‘to create’, ‘to generate’) has the meaning of ‘appointing’ or ‘calling’ in regard to private functions ( tutor: Dig. 26,7,39,6) as well as public offices (  magistratus : Dig. 48,14,1 pr.). It is used as a synonym but not as completely identical in meaning with nominatio and vocatio and at times is joined with lectio, electio (CIC. Verr. 2,2,49; Tac. Agr. 9; Dig. 1,11,1, pr.) or cooptatio (Liv. 2,33,2; 3,64,10). The term implies that an act of installation took place which contributes to the legitimacy. The general principle of creatio is valid for all po…

Defensor

(450 words)

Author(s): Paulus, Christoph Georg (Berlin) | Gizewski, Christian (Berlin)
[German version] I. In civil law Defensor is not a technical legal term for the defence counsel (but probably nevertheless thus in Quint. Inst. 5,3,13), but rather had various meanings, especially as the sponsor of the defendant primarily in a civil case, and here particularly of the absent defendant ( indefensus). To take on such a defence was the duty of a friend (Dig. 4,6,22 pr.). Termed defensor civitatis, he is also the judicial representative of corporations ( universitates, Dig. 3,4,1,3), above all of statutory public bodies (e.g. communities, provinces; cf. CIL X,1201 and passim)…

Curiosi

(202 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from curiosus ‘prudent’, ‘eager to learn’) was the name given in late antiquity to civil servants of the imperial court of the up to 1,300 agentes in rebus (Cod. Iust. 12,20,3) who were given various special duties to perform locally for the central imperial government, as well as in the provinces or in foreign countries. As a special group, the curiosi are defined as agentes in rebus in curis agendis et evectionibus publici cursus inspiciendis (Cod. Iust. 12,22,2) who above all have to prevent improper use of government posts (Cod. Iust. 12,22,4) and …

Consularis

(217 words)

Author(s): Gizewski, Christian (Berlin)
[German version] as a substantive designates a former   consul or a senator who was accorded the honour of a former consul, later used adjectivally to designate the powers, entitlements and responsibilities of a serving or former consul. Since the office of consul was the highest office of state in the Republic and nominally (i.e. eponymously) also in the imperial period, former consuls were accorded precedence, in the Senate's order of speaking and voting, after each of the consuls still in office but ahead of senators holding the rank…

Angusticlavius

(144 words)

Author(s): Gizewski, Christian (Berlin)
[German version] A. means ‘Furnished with narrow stripes’, i.e. in the Republic and in the early imperial era the members of the Roman knightly class and especially the military tribune, whose official toga is thus different from that of a senatorial military tribune ( laticlavius = ‘with broad stripes’) (Vell. Pat. 2,88,2; Suet. Otho 10; Veg. Mil. 2,12). In general there are in a legion (Pol. 6,34,3 ff.) five tribuni angusticlavii and one laticlavius. The designation angusticlavius probably becomes unusual in the 3rd cent. AD as a result of the changed function of a tribunus (Cod. lust…

Illustris vir

(460 words)

Author(s): Gizewski, Christian (Berlin)
[German version] As early as the Roman Republican period the word illustris - like the words clarus, spectabilis or egregius - can indicate a high social rank. In the ordo dignitatum of late antiquity, however, illustris, illustrissimus was especially applied to the highest level of office holders and dignitaries (Not. Dign. Or. 2-15 and Occ. 2-13; Cod. Theod. 6,7; 9,1; 14,1; Cod. Iust. 12,8,2; Greek adaptation: illoústrios Nov. Iust. 13,3; 15,1). Similarly, if it was usual to give all members of the senatorial class the title of clari or clarissimi up until the 4th cent. AD, it gra…

Assectator

(128 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Adsectari/assectari (to stubbornly follow close behind) also describes the elements of the statutory offence of persecuting a respectable person in need of protection contra bonos mores (Gai. 3,220; Cod. lust. 47,10,15,19 ff.). In the political and societal realm, assectator denotes the party supporter, adherent or loyal companion for the most part of a person seeking public office. In his self-portrayal of patrons, Cicero (Mur. 70) differentiates three groups of clients in the adsectatio: una salutatorum, cum domum veniunt, altera deductorum, tertia…

Capite censi

(143 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Literally ‘those who are counted by the head’, but meaning ‘those who are counted only by the head’, i.e. who are not liable for taxation because their assets fall below the census minimum. The alternative term to describe them is proletarii (Cic. Rep. 2,22,40). This group is to be distinguished from the lowest assessment class, the infra classem (in the earlier republican period below two iugera of land or 11,000 asses; from the end of the 2nd cent. BC probably 4,000 asses), which included the capite censi. The infra classem were not expected to provide arms for mili…

Candidatus

(444 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Generally a person clothed in white; the colour white can express flawlessness, festive rejoicing, and a pleasant mood (Quint. 2,5,19; Hor. Sat. 1,5,41; Plin. Ep. 6,11,3). In Rome it was customary as early as the 5th cent. BC for candidates for public office to wear white robes (Liv. 4,25,13; 39,39,2; Pers. 5,177; Isid. Orig. 19,24). Thereafter, candidatus became the specific term for a candidate for public office. In the republican period, an applicant for an office that was appointed by public election was obliged to declare himself ( professio) as a candidatus to the…

Diptychon

(271 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from the Greek δίς; dís = two times and πτύσσω; ptýssō = fold) can refer to anything folded or appearing as a double, such as mussel shells or twins (Eur. Orest. 633 or respectively Ambr. Hex. 6,8,25), but in particular refers to a folded piece of writing on paper or parchment, or two foldable linked writing tablets ─ or a writing tablet with lid ─ and a writing surface made from wax, gypsum or other, mostly light-coloured, material (λεύκωμα; leúkōma), which would be written on with a stylus, a reed, or a brush. As diptycha protected texts against damage or forgery, it be…

Album

(308 words)

Author(s): Gizewski, Christian (Berlin)
[German version] [1] see  Writing materials see  Writing materials Gizewski, Christian (Berlin) [German version] [2] White board for the publication of official announcements The term album designates a white ( albus) board for the publication of official announcements from various Roman offices and also for court decisions ( in albo propositio: Dig. 2,1,7). Of particular significance is also the album praetoris, which contained complaints or other types of applications, authorized by the praetor in his role as court of justice, as well as the formulas f…

Officium

(542 words)

Author(s): Gizewski, Christian (Berlin) | Walde, Christine (Basle)
(etymologically reconstructed from Lat. opi-ficium, 'doing work'; pl. officia). [German version] [1] Duty in general Generally a range of duties with a corresponding sense of duty or subordination (Sen. Ben. 3,18,1; Dig. 37,6,6; Cic. Tusc. 4,61); see Duty. Gizewski, Christian (Berlin) [German version] [2] Duties as identified in the philosophy of ethics Since Cicero, especially the duties as identified in the philosophy of ethics (as the 'Roman interpretation' of the Stoic concept of tò kathêkon, Cic. Off. 1,2,5-1,3,7); see Duty; Ethics. Gizewski, Christian (Berlin) …

Censores

(732 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Former consuls seem to have been chosen as officers of the census for the first time in 443 BC by a lex de creandis censoribus, the purpose being to free the consuls of this duty (Liv. 4,8,3; similarly Dion. Hal. Ant. Rom. 2,62). The tradition of the office being held in common by a patrician and a plebeian probably becomes the norm only after the leges Liciniae Sextiae of 367. Regular censuses every five years ( lustrum) made a regular election of censors necessary from this time. But there were occasional departures from the prescribed interval; even, d…

Coercitio

(359 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The authority of Roman magistrates to intervene where they judged the public order had been violated by citizens and non-citizens, restricting their rights and exercising sovereign power. This authority ranges from an interim order ( interdicta) via the forced collection of public claims, the imposition of fines ( multae), arrests ( vincula, prensio), seizing of property ( pignoris capio), [corporal] punishment ( verbera), right up to the imposition of capital punishment ( c. plenissima, c. capitalis, Dig. 7,1,17,1; 50,16,200). Even in the early republic…

Comitia

(1,616 words)

Author(s): Gizewski, Christian (Berlin)
[German version] In spite of Roman traditionalism, in the course of time the different forms of popular assemblies arising under the Roman constitution undergo a pronounced developmental change on the one hand and must, on the other, be considered in terms of their functional role at any one period. The following forms occur: the comitia curiata, the comitia centuriata, the   concilium plebis, the comitia tributa and the   contiones. It must also be said that, owing to fundamental methodical and factual reservations due to the relatively late d…

Apparitores

(224 words)

Author(s): Gizewski, Christian (Berlin)
[German version] All manner of servants could be called apparitores (from apparere = to appear -- on command). In the public sphere apparitores specifically referred to the free and unfree servants of a magistrate, who (as opposed to the officiales) appeared as aids in official acts. In the Republican period apparitores accompanied consuls and praetors as   lictores with   fasces as symbols of the imperium (Liv. 9,46,2) and served magistrates as scribes, record officials and account keepers ( scribae, librarii), criers ( praecones), messengers ( viatores), ‘assistants’ ( accensi) as…
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