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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…

Court titles

(3,061 words)

Author(s): Mehl, Andreas (Halle/Saale) | Ameling, Walter (Jena) | Gizewski, Christian (Berlin) | Tinnefeld, Franz (Munich)
[German version] A. Antecedents in the ancient Orient Court titles (CT) and court ranks in antiquity, used for the description and creation of personal proximity of members of courtly society to the  ruler or to the hierarchical rank classification of the upper class involved in administration, are a consequence of the emergence of territorial monarchies from the time of Alexander [4] the Great and the resulting organization of  courts as centres of political rule. The question of ancient Oriental antec…

Census

(447 words)

Author(s): Gizewski, Christian (Berlin)
[German version] From the general meaning of censere (etymologically from centrum) the following specialized uses of the term census are derived: 1. The census of citizens in the Republican period. According to Roman historical tradition (Liv. 1,42,5), it was first the kings and later the consuls who carried out censuses of the citizenry in order to establish obligations for military and other types of service, and liability for tax. From 443 BC (Liv. 4,8,2) two censors bear responsibility for the census over a term of office lasting five years (  lustrum ). They ha…

Centuria

(874 words)

Author(s): Gizewski, Christian (Berlin) | Campbell, J. Brian (Belfast)
In general signifies an amount measured by or divided into units of 100, and can therefore relate e.g. to plots of land as well as to people. Thus the relationship to the figure 100 can be lost, the word then referring merely to a mathematically exactly measured or divided amount. [German version] A. Political Centuria is particularly used in the constitution of the Roman Republic to denote the electorate for the   comitia centuriata . In this meaning, the term probably derives from the contingent of 100 foot soldiers that, according to the histo…

Ovatio

(261 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from Lat. ovare, equivalent to Greek euázein,'to cheer'). In its wider sense, it referred to the Roman triumph as well as to smaller official public celebrations in honour of meritorious generals. In its narrower sense, the word referred from the 5th cent. BC to about the 1st cent. AD to the smaller-scale celebration for generals who did not fully meet all the requirements for a large victory celebration, the triumph (Cic. Phil. 14,12: ovantem ac prope triumphantem). The latter was not possible in cases of legal doubt regarding the reason for war, of vic…

Bureaucracy

(1,086 words)

Author(s): Gizewski, Christian (Berlin) | Rhodes, Peter J. (Durham)
[German version] I. General The term bureaucracy has no roots in the political terminology of antiquity, but is a modern French-Greek hybrid formation (Old Fr. ‘bure’, ‘burrel’ from Lat. burra). Bureaucracy refers -- also in a critical sense -- to specific organizational structures of modern states [1]. As an ‘ideal type’ in Max Weber's definition, bureaucracy in general terms refers to a special form of legal rulership: its rulers employ officials in their administration, who -- in full-time salaried positions with a clear…

Curiata lex

(383 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Legally binding decision of the comitia curiata (organized by curiae) -- probably the oldest type of Roman popular 's assembly. The early form can hardly be deduced from the sources (cf. Cic. Rep. 2,25). Presumably, all questions of the succession of influential families, religion, citizenship, military call-ups ( legio), taxes, the inauguration of kings and priests and later the responsibilities of the offices were regulated by leges curiatae (Liv. 1,17,8f.; 1,22,1). In the struggle of the orders, elections and the administration of justice did …

Incensus

(173 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (‘not appraised’) is one who neglects to have his property assessed by the censor in Rome (  census : Dig. 1,2,2,17) and therefore, due to the non-determination of which voter class he belongs to and his military service obligation, it is possible he cannot be called in for his fundamental civic duties. Incensus is punishable by death in accordance with a legendary law of Servius Tullius (Liv. 1,44,1). In the Republican period the consequence of an omitted tax declaration can be the confiscation of property and being sold into slav…

Decemprimi

(229 words)

Author(s): Gizewski, Christian (Berlin)
The term referred to the ‘first ten’ in a row (Greek δεκάπρωτοι, dekáprōtoi). [German version] [1] The ten highest-ranking decuriones in the curia of a city Decemprimi was the name for the ten highest-ranking decuriones in the curia of a city with a constitution based on Roman or peregrine law. They handled various tasks; in particular, they were prominent in legations (Liv. 29,15,5; Cic. Verr. 2,2,162). In the Roman Imperial period, the decemprimi gradually become responsible for the legal duty of monitoring the municipal financial administration and, in case of im…

Acta

(828 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Acta identifies the result of agere (to cause or pursue something). In legal language, agere refers to action directed toward the creation or alteration of rights (Dig. 50,16,19) by private persons, but especially through organs of public law such as magistrates, courts and generally holders of ‘jurisdiction’ (Dig. 4,6,35,8). Agere can be exclusively oral, but is often also documented in written form in the interest of enforcement, verification and proof. I. Acta in the legal sense refers to the variously documented and archived public records of leg…

Ambitus

(428 words)

Author(s): Gizewski, Christian (Berlin)
[German version] designates the (circling) going round, the bending, spreading, outline, carried over also to a discursive speech or vain behaviour, since the XII Table Law (table VII, 1) also the building spacing (Varro, Ling. 5,22; Dig. 47,12,15; Cod. lust. 8,10,12,2). 1. In the political arena ambitus is the ‘circulation and supplication’ (Fest. 12: circumeundo supplicandoque) for the purpose of campaigning, usually in a negative sense, as laws verifiable since the 4th cent. BC against unauthorized methods of ambitus demonstrate: it originates first in connection with …

Diribitores

(68 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Diribitores(from diribere = dis-habere) are ‘distributors’ or ‘regulators’, also ‘stewards’, or ‘preparers’ (e.g. of food: Apul. Met. 2,19). In the Roman Republic, diribitores were the publicly appointed and sworn officials of the tabulae/suffragia responsible for the counting of votes in courts of law or in the citizens' assembly (CGIL 5,62,6; lex Malacitensis 55/FIRA 1, 211).  Comitia;  Suffragium Gizewski, Christian (Berlin) Bibliography Mommsen, Staatsrecht 3, 406ff.

Magister equitum

(385 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The office of the magister equitum (ME) (‘Master of the Cavalry’) was an office assigned to the dictator , and was never an independent office. Like the original designation of the dictator as magister populi (Master of the Infantry) (Cic. Rep. 1,40,63; Varro Ling. 5,82), it contains the word magister (root mag- = ‘head, leader’) and an indication of the original function as cavalry leader ( equites ). The ME was appointed by the dictator as deputy (Liv. 8,32,1-8) for the period of his dictatorship. Appointment by a consul (Cass. Dio 42,21) or by …

Absentia

(469 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Absence of persons or lack of facts with significant public or civil legal consequences: 1. Absence of a civis Romanus on the   census date, when personal presence is required (Vell. Pat. 2,7,7; exceptions: Gell. NA 5,19,16). Inexcused absentia can cause disadvantageous estimation of assets and class assignment (Cic. Att. 1,18,8), and can also bring sanctions as harsh as the forced sale of assets (Zon. 7,19). 2: The absentia of a candidate for public office during registration as a candidate and also during candidacy. Candidacy assumes personal re…

Decurio, decuriones

(1,201 words)

Author(s): Gizewski, Christian (Berlin) | Campbell, J. Brian (Belfast)
Decurio (cf. decuria;  Decurio [4] via decus(s)is f. dec- and as) in general usage refers to a member or representative of a group of ten or tenth-part group (cf. Dig. 50,16,239,5); there is no shared etymology with curialis, a word of partly similar meaning derived from co-viria. In its specialized sense decurio denotes various functionaries: [German version] [1] A member of a curia in municipia and coloniae A member of a   curia , in those municipia and coloniae bound by Roman Law, was called decurio. Appointment of the usually 100 decuriones (occasionally smaller numbers) was regul…

Domain

(479 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The word domain (from the Lat. [ res] dominica through Late Latin domenica, Old French ‘domenie’, ‘domaine’) describes in the Middle Ages and in early modern times, rather more narrowly than the Late Latin original, the ‘feudal’ or ‘allodial real estate’ of a ‘landowner’ (‘noble’) and may denote the property as a whole or a single segment of it. In Roman legal language the res dominica is roughly covered by dominium (Dig. 50,16,195,2; 1,5,20), with the property being taken as plots or other things but possibly also applying to the whole property com…

Lictor

(479 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The lictores (from ligare = to bind; Greek rhabdoûchos, rhabdophóros = carrier of the rods) were Roman bailiffs ( apparitores ) of the higher magistrates and of some priests (Liv. 1,8.; Lucr. 3,996; 5,1234). They signify the latter's power by carrying the fasces (bundles of rods with the executioner's axe). They are appointed for the term of office of the magistrate or permanently. Their number is determined by the rank of the official (consul 12, praetor 6, more in the Imperial period). Lictores are free-born or freedmen, slaves cannot hold the office (Liv. 2,…

Dediticii

(401 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Members of a community that, having been vanquished in war by Rome, has surrendered unconditionally to the hegemony of the Roman people (  deditio ), and may by a decree of Rome have forfeited its existence as a state. Thus dediticii were all provincial inhabitants ( provinciales) whose community had been dissolved by Rome (Gai. Inst. 1,14): insofar as they had not already acquired Roman or Latin citizenship and been able to retain it, or were now granted it, or autonomous status had not been restored to their community. Diss…

Libellis, a

(186 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The offices of the imperial court included an office primarily responsible for law-related complaints. This office dealt with judicial complaints addressed specially to the emperor as an instance of appeal, whereas working on imperial decisions on petitions as well as rescripts principally was a matter of other offices ( epistulis, ab ). Its purview also included suits which were decided at the imperial court as the primary instance, if the emperor assumed jurisdiction, such as proceedings of crimen laesae maiestatis ( lèse majesté) or maledictio Caesaris (‘slande…

Commendatio

(221 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (1) Recommendation of a person or thing (Dig. 4,3,37), (2) entrusting something for safekeeping (Dig. 50,16,136) and (3) offering evidence for an assertion (Cod. Iust. 6,22,2). (4) In the context of an informal arrangement, i.e. one in principle not legally enforceable by either party, commendatio is an act by which a client entrusts his affairs to a patron to be represented or resolved, committing himself in honour to a debt of gratitude ( se alicui in clientelam, fidem commendare, Ter. Eun. 577; Petron. Sat. 140; Caes. B Gall. 4,27,7; Lex Visig. 5,3,8): a…

Occupatio

(723 words)

Author(s): Schanbacher, Dietmar (Dresden) | Gizewski, Christian (Berlin)
[German version] A. Privatrecht In Roman private law the term occupatio, as a technical term (most often in the form of a verb - occupare), meant the act of appropriation (Gai. Inst. 2,65-66).  As a noun it was almost exclusively used in the sense of occupation, holding (e.g. Ulp. Dig. 4,8,15). Occupatio was seen as a 'natural' mode of acquisition of ownership (alongside traditio ) in contrast to acquistion of ownership according to the ius civile ( ius A.; through mancipatio, in iure cessio, usucapio ). Foreigners (non-citizens; peregrinus ) could also acquire ownership by way of occupatio…

Patrimonium

(675 words)

Author(s): Gizewski, Christian (Berlin)
[German version] A. Concept In relation to the term familia (Family IV. B.), originally of a similar meaning. The meaning of patrimonium (etymologically reconstructed from patris munia, 'matters/affairs of the pater familias ') was restricted purely to matters of property, but in legal terminology, it was expanded to include all complex legal matters involving property that were of importance for transactions in private or public law, i.e. generally matters of 'real/physical property'. Gizewski, Christian (Berlin) [German version] B. Private law The concept of property in…

Consistorium

(259 words)

Author(s): Gizewski, Christian (Berlin)
[German version] can mean a place of assembly ( consistere means to discuss a topic: Cic. Fin. 4,72). From the time of Constantine [1] the Great it came to apply to the group of close collaborators of the emperor previously called the   consilium principis (as in sacrum consistorium, sometimes also auditorium, Greek θεῖον συνέδριον: Cod. Iust. 1, 14,8; [Aur. Vict.] Epit. Caes. 14). The consistorium serves for deliberations about political and administrative matters as well as, when the need arises, court procedures and the particularly solemn sanctioning of i…

Duoviri, Duumviri

(640 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (‘[office filled by]’ two men; singular ‘ duum vir’, hence also ‘ duumviri’) denotes various kinds of office known to have been occupied by pairs of men. Many of these occur solely or for the most part at particular periods during the Roman Republic. Duumviri perduellionis were judges in matters of high treason in the early Republican period, and by the 1st cent. BC were hardly named any longer (Liv. 1,26,5f.; Cic. Rab. perd. 12f.). Duumviri sacris faciundis are the officials to whom the task of consulting the Sybilline Books was transferred in the 4th cen…

Adsignatio

(374 words)

Author(s): Gizewski, Christian (Berlin)
[German version] 1. The signing or sealing of a document (Gai. 2,119; Cod. Theod. 11,1,19; Dig. 45,1,126), 2. The written regulation of rights to things and persons (Dig. 50,16,107; 38,8) as well as the contractual handing-over of possessions (Dig. 4,9,1,8; 50,12,1,6), and 3. The judicial assignment of a right to an applicant (Dig. 10,2,22,1). As the assignment of a right to land ownership, the adsignatio gains importance in the political arena with the assignment of land to Roman citizens, especially to groups for founding colonies ( adsignatio coloniaria), since the 1st cent. BC…

Exceptor

(129 words)

Author(s): Gizewski, Christian (Berlin)
[German version] General meaning: ‘speedwriter’ ( excipere, ‘to record’; Greek synonym ταχύγραφος/ tachýgraphos,  Tachygraphy), specific meaning: an important subaltern official in the civil and military administration of the provinces (in late antiquity also in diocesan and prefecturial administration) besides auditors (  numerarius ), actuaries (e.g.   actarius ) and archivists and registrars. The task of the exceptor was to record protocols and to draw up or copy administrative or legal records (Cod. Iust. 10,12,2 ─ exceptores et ceteri officiales: Cod. Iust. 12, tit. 49 De …

Lectio senatus

(348 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (‘selection for the Senate’). The prerequisite for admission to the Roman Senate from time immemorial was that the contender had rendered outstanding political services in a high public office (Cic. Verr. 2,49; Sall. Iug. 4,4; Liv. 23,23), there were no objections to him based on criminal law or regarding his status and - later - that he had a certain minimum level of assets (under Augustus about a million sesterces: Suet. Aug. 41). If one of the prerequisites ceased to apply, a senator could be removed from office ( senatu movere, eicere: Cic. Clu. 42; Sall. Catil. 23.…

Decretalia

(399 words)

Author(s): Gizewski, Christian (Berlin)
[German version] A text containing a decretum was called decretale (Sid. Apoll. Epist. 7,9,6) in later Latin. The term decretum (from decernere ‘to decide’) was used for judgements in individual cases as well as general rulings. In the individual case it denote the judicial verdict or decision of a magistrate or other judicial official or authority (also decisions of committees), by which a judicial decision was pronounced after examination of the evidence ( causae cognitio; Dig. 37,1,3,8); to be contrasted to the   rescriptum , which comprised the evidence p…

Cancellarius

(227 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Cancellarius (from cancelli, ‘barriers, bars’) generally referred to the subaltern official in administration and the courts, who dealt with the public, for instance when controlling admission; however, in the course of the Imperial Age, it came to refer specifically to a ‘chief official of an administrative staff’ (Lydus, Mag. 3,37). In late antiquity, a cancellarius could be ranked equal with a chamberlain for audiences (Not. Dign. Occ. 9,15), and even be of senatorial rank (Cassiod. Var. 11,6; 10). As the leading subordinate official just below the consiliarii,

Antiquo

(202 words)

Author(s): Gizewski, Christian (Berlin)
[German version] This adverb signifies either ‘long gone’ or ‘long-standing’ (Hor. Epist. 2,1,60; Tac. Germ. 5; Ann. 14,20; Plin. Pan. 42,8). As a forensic term it accordingly covers both laws and statutes made obsolete by more recent legislation as well as the body of traditional law still preserved and interpreted. In the codices of late antiquity it indicates above all the continuously applicable, valid written code of law ( comitia legislation, senatus consulta, constitutiones of the early Empire, e.g. Cod. Iust. 6,51,1,1b -- lex Papia; Dig. 38,17,2,20 -- SC Tertullianum; D…

Adventus

(211 words)

Author(s): Gizewski, Christian (Berlin)
[German version] ‘Arrival’ (of a person) or ‘entrance’ (of an event or case) and especially the politically important or ceremonial arrival of a victorious commander, an official or guest of the state or the emperor in Rome and in other places (Verg. Aen. 6,798, Plin. Pan. 22). Adventus in caelo means the apotheosis of the emperor (Sen. Apocol. 5; Claud. Carm. 1,242). In the triumphal ceremony, the adventus of the imperator at the pomerium and at the Capitol Temple has essential significance (Liv. 28,9,7; Cass. Dio 43,21, 2). In the religious realm, adventus refers to both the appearan…

Commentariis, a

(336 words)

Author(s): Gizewski, Christian (Berlin)
[German version] From early times the official organization of the Roman Republican magistrature and pontifical colleges, frequently includes the specialized keeping and storage of minutes of negotiations, journals ( acta diurna), documents, official notes and decrees (  memoria,   commentarii ,   diplomata ,   codicilli ,   mandata ,   hypomnemata ), collections of statutes or catalogues ( tabulae, regesta, notitiae) (Varro, Ling. 6,88 -- consuls; Cic. Verr. 1,1,71; Brut. 55 -- provincial governors; Cic. Dom. 117 -- pontifices). The official titles of the subordinate empl…

Consular tribunes

(356 words)

Author(s): Gizewski, Christian (Berlin)
[German version] more accurately in Lat. tribuni militum consulari potestate, were probably elected for the first time in 443 BC (Liv. 4,7,1f.) -- soon after the two-year-long government of the XII viri legibus scribundis (in 450/449) -- initially by the comitia centuriata, so as to share consular powers of office among more than two colleagues. Livy takes the view that a larger number of bearers of the imperium were needed because of the several war fronts at that time. Other authors see this institution as an expression of the competing interests in the class…

Chancellery

(284 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Chancellery, Modern High German ‘Kanzlei’ (from Lat. cancelli via OHG canceli, cancli), in abstract terms signifies a functional area in which documents are prepared, issued, transferred and safeguarded for legal dealings. Since antiquity this was particularly the activity of courts and officialdom. In the Roman Imperial period several names for chancellery -- officium, cancelli ( cancer = grid), scrinium (= receptacle for scrolls or shrine) and burellum (late Latin = screen, office) -- and differing organizational forms existed. In provincial c…

Cooptatio

(371 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from co-optare: ‘to co-opt’) can mean the acceptance of a person into a gens, a client relationship, a society ( collegium), or into a public corporation ( corpus, corporatio, collegium), (Liv. 2,33,2; Suet. Tib. 1,1-2; Plin. Ep. 4,1,4; Cic. Verr. 2,2,120; Dig. Iust. 50,16,85 tres faciunt collegium; Lex col. Genetivae 67=FIRA 1, 177ff.; SC de collegiis, FIRA 1, 291: coire, convenire, collegiumve habere). In the political arena, cooptatio refers to a type of supplementary election that was legitimate but frequently extraordinary. (1) Beginning in…

Conscripti

(295 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from conscribere in the specific sense of‘ to write together’ or ‘to add in writing’, ‘to register’) generally means persons entered into a register. Thus, conscripti means the cives Romani entered in a list of citizens, also the registered colonists of a colonia, the soldiers and officials entered into the matriculation rolls of a military unit and, finally, the tax payers entered into census lists (Liv. 1,12,8; 37,46,10; Suet. Iul. 8; Dig. 50,16,239,5; Cod. Iust. 6,21,16; 11,48,4). In the combined word patres conscripti, conscripti refers to the more clearly …

Diplomacy

(400 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from the Greek-Lat.   diploma , Latin diplomaticus, late Latin diplomatus) etymologically derives from the similar late antique word for the holder of a passport, who on imperial business was permitted to use the state postal service for the transfer of documents and to cross the borders into foreign lands ( evectio ─ Cod. Iust. 12,50). In all international relations governed by ius gentium throughout antiquity, such activities were always linked with a national system of rules governing the dispatch and reception of messengers and plenipotentiaries ( nuntii, missi…

Cursus honorum

(862 words)

Author(s): Gizewski, Christian (Berlin)
[German version] designates the professional rise through the ranks of Roman politicians in a series of honorary offices (Cic. Fam. 1,9,17; 3,11,2; Amm. Marc. 22,10,6), in a special sense it is the name given to a complex of legal regulations for politicians of the Roman republic, who, starting with official stages that justify a seat in the Senate, wish to reach via a series of offices the highest senatorial rank, that of consul, i.e. a former consul. The whole process involves rules on a) the ac…

Adlectio

(268 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Acceptance into a defined social group (body, class, tax class, clergy), but also into a circle of friends, a citizenry or a people (Varro, Ling. 66; Sen. Epist. 74,25 Haase; CIL XIII 1688; II 3423). In the political sphere since the Republic, adlectio means above all the rare and honourable acceptance of previously nonofficial or insufficiently qualified persons into the circle of magistrates ( adlectio inter consulares, praetorios, quaestorios, aedilicios, tribunicios; CIL XIV 3611; IX 5533; II 4114; Plin. Ep. 1,14,5; Suet. Vesp. 9), and connected…

Adoratio

(145 words)

Author(s): Gizewski, Christian (Berlin)
[German version] literally ‘adoration’, refers to an especially respectful address, not only to the prayer to the gods (Fest. 162,19). 1. In the Roman imperial court, adoratio is the greeting to the emperor by prostrating oneself introduced into court ceremony by Diocletian according to Achaemenid and Hellenistic models ( προσκύνησις, proskýnēsis: Eutr. 9,26). 2. Pejoratively, adoratio is understood as a special form of courtly or also other flattery ( adulatio). 3. Since the beginning of the imperial era, adoratio also stands for the veneration of the genius Augusti and the divi Au…

Nota censoria

(365 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The NC was a ‘note’ from the Roman censores that stated publicly a citizen's discreditable conduct. The official functions of the censores, attested from the 4th cent. BC at the latest ( lex Aemilia of 366 BC: Liv. 9,34,24; but see also Val. Max. 2,9,1; Plut. Camillus 2,2; Cic. Off. 3,31,111), included judging citizens with regard to their ‘honourable behaviour’ ( honor). If in the judgement of the censor the person under scrutiny did not meet the requirements of honour resulting, for example, from the holding of an office, from military disciplin…

Maiestas

(1,003 words)

Author(s): Gizewski, Christian (Berlin)
[German version] A. Definition As noun to the adjective maius (‘increasing’, ‘bigger’), maiestas in general means an unusual, unquestionably superior power and dignity to be respected, notably 1. the sacredness of the gods or of a god (Cic. Div. 1,82; Christian: Cod. Iust. 1,1,1, pr.), 2. the patria potestas of the pater familias towards the relatives and slaves subordinate to him (Liv. 4,45,8; Val. Max. 7,7,5; Cod. Iust. 6,20,12; see below B.) and especially 3. the majesty of the populus Romanus (Cic. Balb. 35; Cic. Part. or. 105; Dig. 48,4,1,1), the res publica (Cic. De orat. 2,164) …

Lampadarii

(101 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from the Greek lampás = torch, light; Greek lychnophóroi). Generally torch-bearer (Suet. Aug. 29,3); in late antiquity, the lampadarii in the Imperial Palace or high departments were collected into scholae (‘units’) and probably given prime responsibility for issues of ‘lighting’ (torches, candles, lamps etc.). The Codex Iustinianus (12,59,10) mentions lampadarii along with invitatores, admissionales, memoriales etc. as auxiliary staff whose numbers had grown out of proportion (cf. also Not. Dign. Or. 11,12-17). Gizewski, Christian (Berlin) Bibliography…

Diploma

(257 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (plur. diplomata; from the Greek διπλόω; diplóō = to double, fold over; Lat. duplico) generally refers to a duplicate object, which is folded or in two parts, but in particular to a document on parchment, papyrus or also in the form of a  diptych which has been folded and sealed in order to safeguard the written content. Important private and public records were set down in the form of diplomata, which thus became almost synonymous with document: private letters (Cic. Att. 10,17,4) and legal transactions (testaments, witnessed treaties and contract…

Domesticus

(374 words)

Author(s): Gizewski, Christian (Berlin)
[German version] In the general sense, a slave in a house ( domus), or a person bound to the family or to the head of the household (Dig. 48,19,11,1). However, the word having originally signified the opposite of publicius, during the Republic it already entered the political sphere, to designate the entire cohors of a Roman provincial governor: free and unfree servants ( servi, ministri), subordinate officials ( apparitores, officiales), even subordinates assigned by statute ( adiutores, comites, consiliarii) and the military escort. Although Cicero advised that there sh…

Arcarius

(177 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Subaltern official (officialis) in the administration of an   arca , i.e. a public fund in the responsibility of a higher official (Cod. Theod. 11,28,6) or with a special purpose (see Dig. 50,4,1,2), but especially the imperial treasury (Cod. Just. 10,72,13). The duty of an arcarius (Dig. 40,5,41,17; Cod. Just. 10,72,15) was probably performed by a   scriba in Republican times. Both freemen and slaves were arcarii in the administration of towns, provinces, the imperial court, in colleges and corporations and in the military as administrators of the soldiers'   peculium…

Adiutor

(228 words)

Author(s): Gizewski, Christian (Berlin)
[German version] A. designates generally the ‘helper’ or ‘assistant’, but colloquially is rather pejorative, referring to the ‘accomplice’ (Dig. 47,2,51,3) or the subordinate, less important ‘assistant’ (Hor. Sat. 1,9,46; Phaedr. 5,5,14). In legal language, adiutor is the assistant of a functionary in civil legal tasks, e.g. as in the   tutela (Dig. 26,1,13,1), as well as in the sovereign area of magistrates, later for high officials in judicature, even for leading subordinate officials (Caes. B. Civ. 3,62,4; Tac., Ann. 3,12; Cod. lust. 1,18,5; 1,31,1). At the imperial court a procu…

Destinatio

(197 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from reconstr. de-stanare, ‘determine’) generally means the determination of a purpose or a decision, legally also a legally-binding unilateral declaration of will (Cod. Iust. 6,30,6; Dig. 50,17,76). In political life destinatio means the delegation of a subordinate or the installation in an office of a person envisaged for the task by a person authorized to do so. The imperial recommendation of a   candidatus to the Senate was also called destinatio as was the direct appointment of an office bearer by the emperor (Dig. 4,4,18,4; Cod. Iust. 11,74,2…

Aediles

(712 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The original scope of duties of the aediles is still unexplained. Aediles points to aedes (temple) and thus to public buildings; the usual equation in Greek of   agoranomoi leads to an association with market duties (Just. Epit. 21,5,7). Roman tradition (Liv. 3,55,6 f.) places the first two aediles (plebeii) at the side of the tribuni plebis active since 494 BC, probably as assistants in administrative duties at the Temple of Ceres ( aedes Cereris Liberi Liberaeque), the cultic centre of the   plebs , and during market business at the nearby F…

Abrogatio

(306 words)

Author(s): Gizewski, Christian (Berlin)
[German version] In public law, abrogatio refers to the suspension of a right or law. 1a: the complete suspension of a law (  lex ) passed by   rogatio by the assembly (Ulp., prooem. 3: abrogatur legi, cum prorsus tollitur). 1b: in a broader sense also the obsoletion of a paragraph of law due to persistent non-observance (Dig. 1,3,32,1: receptum est, ut leges etiam tacito consensu omnium per desuetudinem abrogentur). 2a: the taking away of an   imperium transferred by the comitia via a rogatio. 2b: in a broader sense the denial of rights by a competent court (Cod. Theod. 9,10,3). The abrogatio i…
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