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Sponsalia

(85 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A couple's engagement in Roman law. The term appears to have derived from the fact that marriage in earlier times had been promised mutually through an official stipulatio (or through sponsio ) of the couple's fathers. In the late Republic and in the Principate, the sponsalia could be revoked freely and it was no longer possible to file a suit for marriage. Indirect commitments (e.g. contract penalties, Dig. 45,1,134 pr.) were abolished as well. Schiemann, Gottfried (Tübingen) Bibliography Honsell/Mayer-Maly/Selb, 392 f.  Treggiari, 145-160.

Falsum

(195 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law the crime of forgery. Gell. NA 20,1,53 calls the false bearing of a witness, which according to the XII Tables was punishable with death, testimonium falsum. However this probably had nothing to do with the criminal acts for which Sulla (probably in 81 BC) introduced a public suit ( quaestio de falso) in the lex Cornelia testamentaria nummaria (Dig. 48,10). The jurisprudence of the Imperial period dealt not just with the forging of wills and the counterfeiting of coins as Sulla's law but also for example with the bribing of wi…

Legislation

(262 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] in antiquity is both the subject of pragmatic politics ( Law, codification) and theoretical reflection (political science and legal philosophy). The latter was first discussed by the Greeks (as nomothesía) and immediately reached an intellectual high point, especially in Plato's [1] late work on laws ( Nómoi). Plato's opinion of lawgiving, as is also related by Cicero in his theory of lawgiving ( De legibus), had a sustained effect on Roman Imperial lawgiving and, therefore, on European legal science after the reception of Roman law beginning …

Remancipatio

(163 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law, the actus contrarius ('reversion') of the mancipatio (formal alienation). It served, for instance, for the return of objects given for fiduciary safekeeping ( fiducia ). The remancipatio was also a constituent act in the complex ceremonies of the emancipatio (release from the family group). Above all, however, it was an important element in divorce proceedings in the old manus marriage (cf. also Marriage III): if such a marriage was to be dissolved, the wife had to be released from the special authority of the husband. This remancipatio consisted of a ce…

Caelibatus

(260 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The unmarried state ( caelibatus) was a significant object of social evaluation and legal regulation in Rome. In the Republican period, perhaps following early precursors as early as 403 BC (Val. Max. 2,9,1), the censor (102, not 131 BC) Q. Caecilius Metellus Numidicus spoke out against the unmarried state and childlessness in a speech to the people (Gell. NA 1,6). Augustus took this up, expressly to justify the lex Iulia de maritandis ordinibus, in the first main piece of his legislation relating to marriage (18 BC) (Liv. 59). This law made it obliga…

Abortio

(196 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] also partus abactio, is  abortion in late Roman law. For a long time abortion in Rome was apparently not punishable, any more than it was in Greek law (  amblosis ). This was consistent with a legal system which even allowed abandonment of children. It is possible, though, that the censor made sure there was effective social control with regard to evident abuses. Not until a rescript of Sept. Severus and Caracalla (cf. Marcianus Dig. 47,11,4) was exile imposed on married and divorced women w…

Elogium

(352 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] [1] Roman honorary inscription for deceased men An honorary inscription placed by the Romans on the tombs of deceased men of rank, on statues and wax masks within buildings or on public places. Most of the elogia on public display were removed by the censors of 158 BC. Most extant material dates from the Imperial period, where it was at times employed in the exalted reconstruction of times long since past. This also applies to the most important and best known examples of elogia, i.e. the inscriptions on the marble statues of the Mars temple on the Forum Augustu…

Gesta

(320 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In the Republican period in Rome the records (also   commentarii ) that a magistrate made or had made regarding the orders decreed by him (  acta ). They were personally archived by the magistrate after the end of his period in office (Cic. Sull. 42). From the 3rd cent. AD the term gesta superseded the expression commentarii for the official records. Apart from gesta the word cottidiana occurs in the same sense . With this meaning gesta can be found in all levels of the administration of late antiquity. Ultimately the recording of official files and negotiations by gesta was tr…

Thesaurus

(256 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law, thesaurus refers to a treasure found by someone (Just. Epit.. 2,1,39). The Late Classical jurist Iulius [IV 16] Paulus (early 3rd cent. AD) uses the term thensaurus, which he defined as "money that was put away so far back in the past that no memory of it exists and it therefore no longer has an owner" ( vetus quaedam depositio pecuniae, cuius non existat memoria, ut iam dominium non habeat, Dig. 41,1,31,1). However, not only money but any type of valuable object was regarded as a thesaurus. Why a Greek loan-word was used for this can no longer be deter…

Torture

(809 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Historical foundations In a legal history sense, torture in Antiquity can be understood primarily as a means for eliciting evidence. Furthermore, torture occurs as a(n additional) punishment. The origins of the legally recognized use of torture is obscure. In the Babylonian law Code of Hammurabi (Cuneiform, legal texts in), for instance, there is no mention of torture at all [1]. By contrast, it was widespread in Greece. The Greek expression for the use of torture, βασανίζειν ( basanízein) is probably a loanword from the Orient, however, so that torture …

Denuntiator

(89 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Someone who has something to announce or proclaim. In a narrower sense the term is applied to those who, whether as a private individual or on behalf of an office, report a criminal offence. Denuntiator is then very often synonymous with   delator . The excesses of the latter had a lasting effect on the public opinion on denunciation. Denuntiatores crop up in Rome even as junior officials in the role of heralds. For similar functions in Greek law   menysis ,   sykophantes . Schiemann, Gottfried (Tübingen)

Latini Iuniani

(411 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Roman freedmen, whose manumission ( Manumissio ) was deficient. For this reason the freedman did not receive citizenship and in general had an inferior legal status compared to other freedmen. The term Latini Iuniani ( LI) is derived from a lex Iunia ( Norbana?), probably of AD 19. It legally equated certain groups of freedmen with Latini coloniarii (holders of citizenship in a Latin colony). Therefore, they had no political rights (especially no voting rights) but were able to take part in legal transactions with Roman citizens because they had the commercium

Revocatio

(161 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] ('Revocation') occurs in two special senses in Roman law: (1) as revocatio in servitutem (' revocatio into slavery'), the revocation of manumission, probably only current in Late Antiquity (cf. Cod. Iust. 6,7,2 pr.); (2) in civil actions. There, the convicted party, having already paid, could demand retrial ( restitutio ) only with the risk of being compelled to pay the claimant for the litigation a second time by revocatio in duplum (' revocatio for double the value') if the restitution failed. This applied for the formula procedure ( formula ) and…

Lending

(381 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Handing an object to someone for use free of charge probably occurs in all societies every day. Legal conflicts hardly ever result from it. Many legal systems therefore manage without special regulations for these circumstances. It was probably generally the same in antiquity. Roman law, however, equally contains two institutions for the social phenomenon of the loan: the precarium (loan at request) and the commodatum, a binding contract by which the lender is obligated to hand over the object until the end of its usage or until the expiry of …

Petitio

(325 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The word petitio ('request') referred to a specific form of action used in the Roman formulary procedure ( formula ), for example for the actio (action), which arose out of a specific object or a specific sum of money (Dig. 12,1), or the action of the true heir against the possessor of an inheritance ( hereditatis petitio, Dig. 5,3; Cod. Iust. 3,31). Besides these, claims arising from the cognitio procedure ( cognitio ) were mostly referred to as petitio. A strong conceptual distinction between actio, petitio and persecutio (prosecution) did not exist in Roman legal…

Abolitio

(109 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The abolitio, which has come down to us in the Digest title 48,16, is in Roman law discontinuation of criminal proceedings, often with the effect of a pardon (  indulgentia ), but mainly with the possibility of renewing the charge, as with the abolitio publica, ordered by the Senate or in exceptional cases by the emperor, and the abolitio privata, pronounced by the judge at the request of a private prosecutor. The abolitio ex lege, for example, takes effect on the death of the prosecutor. In any event this first appears under the designation abolitio in the imperial period…

Iurgium

(94 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A term in the Law of the Twelve Tables ( c. 450 BC,   Tabulae duodecim ). Its significance in legal history is still very disputed. Iurgium is a milder form of dispute than the litigation before court (  lis ); otherwise a general term for a dispute. It is conceivable that iurgium meant an out-of-court settlement, perhaps with the support of the pontifices. In the classical period (1st cent. BC - 3rd cent. AD) this form of resolution had long fallen out of use. Schiemann, Gottfried (Tübingen) Bibliography M. Kaser, K. Hackl, Das röm. Zivilprozeßrecht, 21997, 58).

Castigatio

(189 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Expression describing an educational measure, as can be inferred from the meaning of the word ( castum agere, ‘to make pure’). The person carrying out the punishment is often excluded from liability for the consequences of castigatio upon the punished: thus the master punishing his apprentice (e.g. Dig. 9,2,5,3). The same goes for the paterfamilias with regard to his children and the master to his slaves (Dig. 7,1,23,1; 48,19,16,2). Castigatio as a policing or juridical measure is partly linked to such private authority-based relationships: by the …

Verbera

(152 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (literally 'strokes, lashes'), e.g. with a stick ( ferula) or a whip ( flagella), were a means of punishment ( castigatio) in Rome. They occurred as an independent (police) punishment primarily for slaves and members of the lower classes ( humiliores, see Honestiores ) in the framework of the policing powers of the magistrates ( Coercitio ), in particular of the Tresviri [1] capitales in the Republican period, then of the emperor and his agents and of the provincial governors. In Roman penal law - as is known from the flagellation of Jesus - verbera were also an 'additiona…

Adfinitas

(91 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (relations by marriage). Gai. Inst. 1,63 speaks of adfinitas in connection with the statement: Item (scil. uxorem ducere non licet) eam, quae nobis quondam socrus, aut nurus, aut priuigna, aut nouerca fuit. According to this in classical Roman law (possibly since Augustus' marriage legislation) marriage to mother-in-law, daughter-in-law, stepdaughter and stepmother is forbidden. This impediment to marriage was extended in late antiquity to relations by marriage of the first degree in the collateral line (brother's wife, wife's sister) (Cod. Theod. 3,12,2). Sch…

Ampliatio

(130 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] An ampliatio (continuation of the case at another date) happened in Roman criminal proceedings if part of the jury (e.g. according to the l. Acilia it had to be a third) by special declaration or withdrawing of vote in the question of guilt made it clear that they did not yet regard the case as ripe for judgement ( non liquet). Ampliatio should be distinguished from   comperendinatio , legally prescribed in certain cases. Republican legislation had, it seemed, already tried to oppose the proliferating use of ampliatio by threatening fines against the judges in the c…

Orbi

(138 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The childless who, according to Roman law dating from the time of Augustus, suffered certain legal penalties: to promote a higher birthrate, women who had many children benefited through the lex Iulia de maritandis ordinibus and the lex Papia ( ius liberorum ), while on the flip-side childless people (men and women) were restricted in their capacity ( capacitas) to accept inheritances and legacies: what was left to orbi under a will, was halved (in the case of a surviving spouse reduced to a tenth). The remainder, known as the caducum (a lapsed inher…

Iustitium

(117 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Rome the suspension of judicial activity generally ordered by a magistrate (the highest present in Rome) with an edict and associated with further restrictions of transactions, e.g. the closure of the state treasury (  aerarium , Cic. Har. resp. 55) or the stores in the Forum (Liv. 9,7,8). By the late Republic this order had to be preceded by a resolution of the Senate (Liv. 3,3,6). The iustitium was not solely an emergency measure but already in the Republican period could be caused by public mourning over a military defeat (Liv. 9,7,8) or the…

Citations, law governing

(318 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The law known in modern literature as the law governing citations is an order by the Roman emperor declaring which jurists from earlier centuries should be drawn on and cited in legal decisions. With the crisis of the Roman empire in the mid 3rd cent. AD even Roman jurisprudence (  iuris prudentia ) lost the political, social and economical conditions for productive continuation. Legal literature from the 1st cent. BC, the beginning of its ‘classical’ period, therefore changed from being a fund for a discourse o…

Nomen

(61 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (pl. nomina). In Roman law, the term for debts. Gai. Inst. 128-133 distinguishes between ‘cash debts’ ( nomina arcaria), which arose e.g. from loans ( mutuum , see also condictio ), and ‘ledger debts’ ( nomina transscripticia), which arose by an entry in the ‘ledger’ of the creditor as an obligation from a litterarum obligatio . Schiemann, Gottfried (Tübingen)

Peregrinus

(645 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (perhaps from peregre, 'outside the fields', namely the territory of Rome) was the most important technical term of Roman law referring to foreigners (Aliens, the position of), who did not belong to the community of rights of the Roman citizens ( civitas ) but who was nevertheless an enemy or completely without rights. The dediticii , who as members of communities subjected by Rome had been given neither Roman nor Latin citizen law (Latin law), were sometimes partially distinguished from peregrini, and sometimes treated as a special group of peregrini In the time of t…

Military tenure

(283 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] is the ownership of land - perhaps better described as ‘soldiers' tenure’ - to which military obligations were attached: whether armed service by the owner or the recruiting and equipping of soldiers (as representatives of the owner, so to speak). Military tenure (MT) in this sense occurred particularly in the Ancient Orient. It is relatively well recorded for the Persian empire of the Achaemenidae [2] (6th-4th cents. BC) and the Hittite empire ( Ḫattusa II.); Egyptian military co…

Coitio

(165 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman criminal law, a type of criminal association, e.g. between thieves and publicans, as mentioned by Ulpia (Dig. 4,9,1,1), but in particular, the punishable election alliance (a defined case of election fraud,   ambitus ). Election alliances between candidates were probably regarded as harmless as long as only personal relationships, friendships and clientele connections were combined for common success in an election. Distinctly different was the joint bribing of electors on a large scale, against which the lex Licinia by Crassus (55 BC) was directed,…

Coemptio

(159 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Probably the usual type of arrangement for setting up a marriage in which the   manus power relationship applied to the woman. Coemptio cannot simply be interpreted as the purchase of a bride (even as a practice in a very early phase of development) because it is connected to the formal transaction of the   mancipatio , which, at a very early stage separated the actual procedure from that of the conceptual image the term evokes. One can assume that originally, the bride's father ‘transferred’ the power over his daugh…

Carcer

(329 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] According to Varro, Ling. 5,151, the term carcer, i.e. a place for individual detention, is derived from coercere; it is thus linked to the magistracy's powers of   coercitio for the direct enforcement of its authority, and not the punishment of criminal misconduct. ‘The carcer has to be maintained for the detention, not the punishment of people’: carcer enim ad continendos homines, non ad puniendos haberi debet (Ulp. Dig. 48,19,8,7). Civil law offences and other obligations, for which the obligator was liable in person, were regulated by the XI…

Estate register

(390 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In contrast to the  land register that existed ─ probably based on an Old Egyptian model [1] ─ in Ptolemaic and Roman Egypt (and, in antiquity, possibly only there) as a safeguard for private property transactions, the primary purpose of estate registers (ER) and similar registers was the levy of land taxes as well as the administration of state leases. Thus, almost inevitably, they were just as widespread as those very forms of state income. A prerequisite for starting up archive…

Vincula

(309 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (literally 'chains'). In legal provisions as early as the Twelve Tablets (Tab. 3,3; Tabulae Duodecim ) a creditor could place a debtor in vincula for the purpose of legal enforcement. In this way a culpability was established. Initially its goal was to force the payment of a debt by the debtor himself or a third party, but was also a transitional stage in taking control, after the expiry of a deadline, of the person of the debtor in order to sell him e.g into slavery or to have him work off the amount he was convicted of in bonded labour. This former function of vincula is alluded t…

Manus

(730 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Manus is used in Roman law in the sense of the ‘controlling and protecting hand’, expressing the family law concept of a relationship based on domination. Originally, manus may have described the hegemony of the head of the family ( pater familias ) not merely over his children ( patria potestas ) but also over his wife. Already in the Law of the Twelve Tables (5th cent. BC), however, paternal power is treated separately. The meaning of manus is accordingly restricted to the husband's relationship of power over his wife. Our best source for manus are the ‘Institutions’ of …

Confarreatio

(182 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] According to Gai. Inst. 1,112, the term confarreatio is based on the fact that during this religious act a farreus panis (a bread made of emmer but not spelt) was sacrificed by the bridal couple to Iuppiter farreusfar ). Apart from the   coemptio and a one-year valid duration of the marriage ( usus), the confarreatio was the third option of establishing the   manus (male power) over the wife. This effect was probably an ancillary result of the confarreatio while the highly festive conclusion of the marriage probably took centre stage in the ceremony. It to…

Operae libertorum

(309 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The services (more precisely: the daily duties) Roman ex-slaves were obliged to perform for their patron ( p atronus ) after their manumission. The phenomenon of servitude for freed people is also known from other ancient slave-holder societies ( paramonḗ ). OL did not result from the slave-patron relationship itself. Rather, freed men and -women were obliged by oath to their manumitters and repeated the obligation after being set free either in the same form or by  stipulatio . Only by means of this repetition could undertaking of OL bec…

Lex, leges

(2,519 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Concept Lex (‘law’, pl. leges) in Roman law denotes stipulation by a private individual, an office-bearer or a legislative body. The etymology is obscure. A derivation from legere (‘to read out’), referring to the method of stipulation by way of a ceremonial formula (cf. B. below on nuncupatio) remains speculative. Crucial to the lex is its mandatory character. On the other hand, in the original use of the term it lacks the ‘abstract’ (claiming general validity) and ‘general’ (directed at a large number of people) character of mod…

Instrumentum

(362 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The term instrumentum (an object that has been ‘erected’ or ‘set up’) has widely differing meanings in Roman legal terminology: 1. in the Imperial period, especially in late antiquity, instrumentum was the document recorded by a document writer (  Tabellio ) concerning a civil legal transaction or (as instrumentum publicum) by an authority regarding a private or public matter. The instrumentum publicum and the instrumentum of the document writer, which was attested as authentic by three witnesses and also by the tabellio in writing, had full status as proof in…

Libel

(97 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Libel was prosecuted as serious injury to the character in both Greek (Attic) and Roman law. In Athens, libel may have come under kakēgoría (cf. also loidoría ) and have led to a fine in a private suit. In Roman law, libel was likewise a civil offence as a form of iniuria (a wrongful act). Possibly related to libel was the carmen famosum (‘defamatory poem’) of the Twelve Tables ( tabulae duodecim ). An aggravated form of libel was the Roman calumnia (false accusation), which could lead to harsh punishments. Schiemann, Gottfried (Tübingen)

Gestio

(309 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (also gesta). Generally an expression for transactions relevant to business (not necessarily legal transactions). In Roman civil law the following are significant: (1) the pro herede gestio (behaviour as an heir), informal behaviour (e.g. taking possession) as an expression of the desire to come into an inheritance ( Succession, law of). (2) the negotiorum gestio (modern law: conducting business without a commission). In Roman law it concerns all affairs in the conduct of someone else's transactions that are not commissioned (  mandatum ) or…

Taxatio

(163 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (the 'appraisal') in the Roman formula process was the upper limit to which the iudex ('judge') could set the sentence sum on conviction ( condemnatio ), by instruction of the praetor. The taxatio typically occurred in cases of (1) liability of the master for the property ( peculium ) of the slave or filiusfamilias from the actio de peculio or the actio de in rem verso, in respect of asset gains made by the action of such individuals under his power ( patria potestas ), (2) an exception sought by the debtor because of distress ( beneficium competentiae) and (3) an appeal for iniur…

Rescriptum

(223 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (the 'reply letter') is one of the most important sources for Roman imperial law. In Gai. Inst. 1,5, the rescriptum is simply called epistula ('letter'), but classed as belonging to the constitutiones ('imperial laws'). Already in the Principate, the emperor received queries and proposals from officials and private persons on every matter imaginable. The emperor replied commensurate with the preparation in the chancellery ab epistulis with a rescriptum, a draft of which was archived. Starting with Hadrian (beginning of the 2nd cent. AD), the rescripta more and mo…

Furor

(203 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The expression for  mental illness in Roman law. The person affected by this, the furiosus, according to the Twelve Tables ( c. 450 BC), found himself in a special relationship of authority and dependence (foster-care, cura furiosi). The agnate (  agnatio ) and, when needed, in early times the gentile (  gens ) were entitled to the office of the curator (Cic. Inv. 2,148; Rhet. Her. 1,23). The position of the curator, similar to that of a trustee, corresponded to a great extent to that of a guardian (  tutela ) and was valid not only for the person but also for the property of the furi…

Contractus

(352 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Gai. Inst. 3,88 contractus constitutes, with delicts, one of the two higher branches of the whole Roman law of obligations. This has led many analysts to translate contractus simply as ‘contracts’. Originally, however, contractus was really not limited to a commitment as a contract but actually meant literally only ‘to incur (an obligation)’. In the period of the principate contractus was indeed understood to be linked to an agreement ( consensus, conventio) (Dig. 2,14,1,3). Even then, however, not every agreement would necessarily lead to a contractus. As no co…

Interpolation, critique of

(483 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman legal history critique of interpolation specifically refers to the examination of the transmitted version of the texts of the Corpus Iuris for falsifications compared with the original. This is of particular relevance to the fragments from the writings of the classical jurists (1st cent. BC - 3rd cent. AD) in the  Digesta , but also to the  Institutiones in comparison to their models and even to the older imperial pronouncements collected in the  Codex Iustinianus . With regard to the Digesta, emperor Justinian himself had already given an express…

Imaginarius

(208 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (literally: ‘imaginary’) in Roman law the term for a legal transaction which expressed something other than what the parties actually intended. The most graphic example is the  mancipatio nummo uno, a transfer against, and by payment of, a merely symbolic copper coin ( aes). Its outward appearance was that of a cash purchase; its actual effect, however, was to enable transfer for any purpose, it could thus be ‘abstract’ - an imaginaria venditio (Gai. Inst. 1,113). In early Roman law, surety meant subjugation to the power of seizure vested in the creditor. Release ( solutio…

Concussio

(159 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The Digests (Title 47,13) label cases of a forced granting of benefits to an officeholder as concussio (blackmail). Possibly, this is a further development of the reclamation procedure (  repetundarum crimen ). Punishable behaviour in office due to concussio was not prosecuted by a iudicium publicum but by extraordinaria   cognitio . Therefore, it was probably only considered an independent offence in the Imperial period (2nd cent. AD). The sources present pretending a (higher) official authority, orders of a superior and threats of an unfounded suit as means of concu…

Postliminium

(202 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] ('right to return home', more common in the combination ius postliminii) is explained in Just. Epit. 1,12,5 as deriving from limen (threshold), and this was supposed to have been metaphorically transferred to the boundary of Roman state territory, so that a prisoner of war, who on his return would be crossing back from beyond ( post) the 'threshold' into the Roman state, would have the right to return to his earlier position before being taken prisoner. On being taken captive by enemies (Prisoners of war), a Roman citizen would become…

Furtum

(819 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Overview Furtum is the offence against property in Roman law. At least in the classical period (1st-3rd cents. AD) the term furtum includes not only theft and embezzlement, but also the mere use of items that are not one's own ( furti usus), the removal of one's own property, e.g. from a collateral creditor ( furtum possessionis, possession theft), fraud, receiving stolen goods and aiding and abetting the perpetrator of a furtum. The object of furtum could in addition to res corporales be slaves and persons under paternal authority. In the classical period, …

Capitale

(86 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The Romans used the word capitale whenever the  death penalty (also poena capitis) was concerned: for the crime itself, the legal process, as well as in passing and executing a sentence, but also for the loss of personal freedom or citizenship (  deminutio capitis ) and particularly with reference to exile (  exilium ), when -- from the late Republican period -- this indeed replaced the death penalty for Roman citizens. Schiemann, Gottfried (Tübingen) Bibliography E. Cantarella, I supplizi capitali in Grecia e a Roma, 1991.

Manumissio

(17 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The Latin term for Manumission (C.), the freeing of slaves. Schiemann, Gottfried (Tübingen)
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