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Pactio

(252 words)

Author(s): Kehne, Peter (Hannover)
[German version] In the Roman 'law of nations' p. generally meant (to be precise pactum < pacisci; synonymous  conventio: [1. 136f.]) interstatal agreements without reference to the current legal format (Gell. 1,25,15; Gai. Inst. 3,94; Dig. 49,15,12, compare 2,14,5; Liv. 34,57,7), in the plural it also referred to their content. Given that fides [II.] publica operated in them, the observance of which signified the compliance with the ius gentium (s. ius A. 2.) as a norm of the 'law of nations' ([1. 36]; [2. 6; 11f.]; [4. 75]), the maxim: pacta servanda sunt (agreements should be ob…

Obses

(153 words)

Author(s): Kehne, Peter (Hannover)
[German version] An obses (Pl. obsides, 'hostage') was taken in consequence of an agreement or for the purpose of  reprisal. In the first case, the sacrosanct 'treaty hostage' provided security for legationes , negotiations and all forms of interstatal agreements, e.g. war treaties ( indutiae ; pactio ). In case of treaties ( deditio ; foedus ) for the purpose of pax , the obses also guaranteed the performance of specific provisions. In peace he guaranteed good political behaviour. The number and exchange of hostages, as well as the period for which they wer…

Legatus

(455 words)

Author(s): Kehne, Peter (Hannover)
[German version] (‘sent on the basis of a law’ [6. 11]). 1) Envoy in international relations of Rome, outside of Italy with the functions of fetiales within the framework of a legatio [3. 1133-1135; 2. vol. 2, 675-690]. Benefits included, among others, apparitores [1. 110ff.], travel funds ( viaticum) and the right to free transportation ( evectio), for which the golden ring handed over by the Senate was the legitimation (Plin. HN 33,11) [2. vol. 1, 301]. On the basis of ius gentium ( International Law) he was held sanctus inviolatusque (‘sacred and inviolable’; Caes. B Gall. 3,9,3; …

Treaties, upholding of

(219 words)

Author(s): Kehne, Peter (Hannover)
[German version] To the Greeks, the upholding of treaties on an international level was one of the agraphoi nomoi , and for the Romans one of the foundations of the ius gentium (here understood in the sense of 'ius comune' as applicable to all peoples; ius [A 2]). As the international treaty itself was under the sacred protection of the deity invoked for the oath, Zeus and Jupiter respectively in Greece and Rome generally watched over the observance of treaties in their capacities as protectors of (contractual) oaths and of the pistis [D]/ fides [II] [1; 3; 4. 39, 53]. This guarantee of…

Transfuga

(192 words)

Author(s): Kehne, Peter (Hannover)
[German version] Unlike a mere desertor , i.e. a citizen evading military service or a soldier not on leave, whose desertion was severely punished by Rome, a transfuga was a Roman citizen (or subject of the Empire), who as a soldier or civilian (Dig. 48,4,2,3) committed treason ( perduellio ), and thus a crime against the polity ( crimen publicum) by defecting to the enemy (Erl. Dig. 49,15,5), which Rome punished according to the law of war (War, law of) through the magistrates by coercitio or in criminal law as a crimen maiestatis ( Maiestas ). A transfuga was considered pro hoste ( Hostis

Malaric

(51 words)

Author(s): Kehne, Peter (Hannover)
[German version] Frank, defended in AD 355 as tribunus gentilium of the scholae Palatinae the magister peditum Silvanus who was accused of planning to usurp power (see Mallobaudes). In 363 M. declined appointment as magister equitum per Gallias (Amm. Marc. 15,5,6; 25,8,11; 10,6). PLRE 1, 538. Kehne, Peter (Hannover)

Marcomer

(85 words)

Author(s): Kehne, Peter (Hannover)
[German version] Frankish dux, later rex, broke through the Limes in AD 388 and probably destroyed the punitive expedition army led by Quintinus. In 389 he negotiated with Valentinianus II and provided hostages. In 391/2, M. avoided an attack by Arbogastes and in 392 entered into a foedus with Eugenius [1] (Greg. Tur. Franc. 2,9). In 395 he presumably fled to Stilicho or was arrested by him and was interned in Etruria (Claud. Carm. 8; 18; 21). PLRE 1, 557. Kehne, Peter (Hannover)

Obsequium

(199 words)

Author(s): Kehne, Peter (Hannover)
[German version] In the social and political fabric of Roman society obsequium generally referred to a duty of support for prominent persons [3. 128ff.], in a military sense it referred to a soldier's obedience and in Roman private law to the legal duty of the libertus (Freedmen) towards his patronus [1. 140]. In relation to the imperium Romanum, obsequium also referred to the loyalty of a province (Tac. Hist. 4,71,2; 74,4; Tac. Ann. 4,72,1; 15,21,1) as well as the subordination - the goal of foreign policy - of tribes living on the edges of the Empi…

Indutiae

(170 words)

Author(s): Kehne, Peter (Hannover)
[German version] As opposed to a mere pause in a battle ( quies a proeliis), indutiae in martial and international law means an agreed truce ( cessatio pugnae pacticia: Gell. NA 1,25,8) or the agreement on which it is based ( pactio indutiarum). The historicity of indutiae valid beyond the year of office of the commander and ending a war for from 2 to 100 years, according to annalistic tradition like peace treaties, is contentious [2. 43f.]. The Roman international law which developed recognizes only the contractually agreed, deferred inter…

Legatio

(723 words)

Author(s): Kehne, Peter (Hannover)
[German version] The activity of a legatus . 1) In international law, a government-ordered, occasional delegation of usually three or more legati - as messengers or provided with full authority - who acted as official representatives of Rome and reported to the Senate ( legationem renuntiare: Liv. 39,33,1). Legationes presented, for example, the demand for satisfaction ( rerum repetitio) required for a bellum iustum ( International law), the declaration of war ( indictio belli), instructions to socii , explored the ground, arbitrated and concluded trea…

Mallobaudes

(120 words)

Author(s): Kehne, Peter (Hannover)
[German version] As comes domesticorum et rex Francorum M. defeated the Alemanni at Argentaria (Horburg/Alsace) in AD 378. He probably took part in Gratianus' [2] expedition on the right bank of the Rhine [1. 600] in order to subjugate them (Amm. Marc. 31,10,6-17). In Franken he later killed the invading king of the Alemanni Macrianus [1] (Amm. Marc. 30,3,7). Identification with the Frankish tribunus armaturarum who in 354 AD interrogated Constantius [5] Gallus (Amm. Marc. 14,11,21) and who, together with Malaric, spoke in defence of Silvanus in 355 AD (Amm.…

Laeti

(200 words)

Author(s): Kehne, Peter (Hannover)
[German version] Etymologically (Etruscan, Celtic, Germanic, Latin?) disputed technical term for descendants of prisoners or dediticii , predominantly of Germanic origin (Amm. Marc. 20,8,13), who settled in Gaul under state supervision on barren, remote estates ( terrae laeticae: Cod. Theod. 13,11,10). Laeti had limited rights, were bound to the soil, obliged to do military service, but were not ‘soldier-farmers’ [2]. The Notitia dignitatum records, under the magister peditum in Gallia, twelve praefecti laetorum (Not. Dign. Occ. 42,33-44) with details of nationality…

Pax

(957 words)

Author(s): Kehne, Peter (Hannover) | Scherf, Johannes (Tübingen)
('peace'). [1] Peace in general [German version] A. Definition Latin pax (< Indo-European  pac, hence pac-s, pacisci > pango, cf. Greek πήγνυμι/ pḗgnymi; on ancient terminology, see [6. 17-29]) means primarily the state of peace and not the manner in which it is obtained [7. 46]. Although Roman sources do call pax the absence of war ( bellum), pax is only the result of a concrete war ended by means of conquest, deditio or agreement by treaty (see D below) [7. 49f.; 8. 51; 6. 155]. Attributes indicate 'peacemakers' or different domains (cf. Pax deorum (deum) ). Kehne, Peter (Hannover) …

Hunimundus

(175 words)

Author(s): Kehne, Peter (Hannover) | Strothmann, Meret (Bochum)
[German version] [1] Dux, later rex of the Danubian Suebi Dux, later rex of the Danubian Suebi, after a foray into Dalmatia defeated and ‘adopted’ in c. AD 465 by the king of the Goths Thiudimer. Mobilized a multi-tribe war coalition against the Goths also supported by eastern Rome but was defeated by them in c. 469 (Iord. Get. 273-279). Probably identical to the pillager of Batavis (Eugippius, Vita Severini 22,4) of the same name. PLRE 2, 574 (H. 2). Kehne, Peter (Hannover) Bibliography H. Wolfram, Die Goten, 31990, 264ff. [German version] [2] H. the Younger. King of the Ostrogoths,…

Macrianus

(455 words)

Author(s): Kehne, Peter (Hannover) | Franke, Thomas (Bochum)
[German version] [1] Rex of the Alamanni in the Main-Neckar region, 4th cent. AD Rex of the Alamanni in the Main-Neckar region, where he surrendered to lulianus [11] in AD 359 (Amm. Marc. 18,2,15-18). In 370, Valentinianus [1] mobilized a Burgundian army (Amm. Marc. 28,5,8-13) against M., who had by then become more powerful. However, M. avoided capture in 372 by fleeing. Rex Fraomarius, appointed by the emperor to replace M., could not sustain his position for long (Amm. Marc. 29,4,2-7; 30,7,11). In 374, the emperor entered into a foedus (Amm. Marc. 30,3,3-7) …

Sponsio

(325 words)

Author(s): Kehne, Peter (Hannover) | Forgó, Nikolaus (Vienna)
[German version] I. Constitutional law An institution of Roman international law, sponsio was a form of treaty characterized by stipulatio (Gai. Inst. 3,94), and a normal form even for an oral peace treaty ( pax ) entered into by the emperor [1. 97; 2. 46]. From the High Republic onwards, it also meant 'a treaty entered into by a Roman commander by virtue of his word, without the authorization of the Senate' ([3. 48]: 'battlefield treaty'; cf. [2. 47]). As demonstrated by the rejection of the capitulation ( pactio ) in the war against Numantia (137 BC; Host…

Merobaudes

(700 words)

Author(s): Kehne, Peter (Hannover) | Smolak, Kurt (Vienna)
[German version] [1] Consul in AD 377 and 383 In AD 363 Flavius M., presumably a Frank, served Iulianus [11]. Appointed magister peditum by Valentinianus I (Zos. 4,17), M. fought in the war with the Quadi in 375. Acting on his own authority, he elevated Valentinianus II to the rank of Augustus (Amm. 30,10; Zos. 4,19) and was Consul in 377 and 383 consul. In 377, M. withheld units of the army sent to Valens in Thrace (Amm. Marc. 31,7,4),and this probably contributed to Mallobaudes's victory in Gaul. Presumably he too…

Italicus

(172 words)

Author(s): Elvers, Karl-Ludwig (Bochum) | Losemann, Volker (Marburg/Lahn) | Kehne, Peter (Hannover)
Common Roman cognomen. Most famously the poet  Silius I. Elvers, Karl-Ludwig (Bochum) [German version] [1] King of the Cherusci from 47 AD Son of the Cheruscan  Flavus (the brother of  Arminius) and of a daughter of the Chatti leader Actumerus, born and raised in Rome. Because the quarrelling nobility demand I. as king of the  Cherusci, emperor  Claudius [III 1] installs this last offshoot of the stirps regia as king in AD 47 (Tac. Ann. 11,16); this shows the new development of Romano-Germanic relations since the Battle of the Teutoburg Forest. Driven out afte…

International treaties

(2,514 words)

Author(s): Kehne, Peter (Hannover) | Neumann, Hans (Berlin) | Starke, Frank (Tübingen) | Beck, Hans (Cologne)
[German version] I. General International treaties (IT) are official and binding agreements under international law between two or more subjects of international law, which are legally binding for the entire citizenship in question. They were stipulated orally or in writing; they took the form of unilateral, bi- or multilateral agreements, and always implied the recognition of the other party under international law. IT were often the result of preliminary negotiations; they required ratification by…