GLOSSARY

This is a glossary of Latin words and phrases encountered in the text, together with a selection of other words and phrases that the author has left untranslated, but that the reader may wish to investigate further.

This is not solely a glossary of‘Roman legal terms’. The ancient legal literature often uses the language of ordinary social life (e.g., ‘peculium’) and glossaries such as this one, while not purporting to define social insti­tutions, usually try to give some idea of how the law treats them. Some of the legal terms that appear, moreover, are not properly Roman at all. Centuries of scholarship have added new terms (often without announ­cing their introduction), and though not authentic, modern writers accept them.

ACCEPTILATIO. An acknowledgment that a debtor has performed, or a formal release of a debt without performance.

Accessio. Accession. The loss of identity of one thing (the accessory) by an indissoluble merger with another thing (the principal). Sec also Inaedh'icxtio; Plant vrio.

Actio pl. ACTIONES. Action. Claim. To obtain an actio from the PRAETOR is to secure the right to sue another. ‘Actions’ is one of the three princi­pal divisions in the institutional system.—AD exhibendum. An action to force another to produce a disputed thing.—AUCTOR1 TATIS. A rem cdy for eviction from things acquired by MANCIPATIO.—CONDUCTI. An action brought by the conductor under a contract of hire.—de dolo.

A modified VINDICATE), in which the judge is instructed to accept as given that the plaintiff has satisfied the time limits of USUCAPK).— QUANTi MINORIS. An action for the reduction of the purchase price in sale on account of defects.—quod iussu. See Actiones adiecti- ciae cyuALiTATis.—RED1IIBITORIA. An action for rescission of a sale on account of defects.—venditl Action on the sale; seller’s action. See also Persona; Res.

Actiones ad poenam perseciuendam. Penal actions. Actions that were dedicated, at least in part, to the exaction of a penalty from the defendant.

Act iones ad rem persequendam. Rcipcrsccutory actions. Actions that were dedicated to providing compensation to the plaintiff.

Actiones adiecticiae qlalitatis. A group of actions in which an employer or paterfamilias is rendered liable (i.c., named in the con­demnatio) for the acts, including the contracts, of an employee, slave, or person in potestate. They include the actio quod iussu (a suit against a paterfamilias for the authorised acts of a FILIUSEUMILIAS or slave), the actio institoria (a suit against an employer for the business contracts entered into by an employee), and the actio exercitoria (a suit against the owner or charterer of a ship for the trading contracts of his captain).

Act iones bonye eidei.

Actiones in fact um. Actions on the facts. Actions created by the prae­tor which directed the judge to condemn or absolve if he found certain facts, recited in the formula, to be true. The creation of these actions was an important form of law-making.

Act iones stricti iuris. Strict-law actions. A class of actions which restricts the judge to deciding only the allegations set out in the for­mula. Compare Act iones bonae fidei.

Act iones utiles. Variant actions. The praetor or other judicial magis­trate occasionally granted actions that were variants of an existing action, modified for the sake of utility.

Act us. Drive. A rustic praedial servitude allowing the owner of the dom­inant estate to drive an animal or vehicle over the servient estate. See also Sery 1'1'US.

Adoptio. Adoption, i. An act bringing a person into the PATRIA PC)TESTAS of another, whether by adoptio in the strict sense, or by YDROG YTIO. 2. In the strict sense, an act bringing a person out of the PATRIA POTESTAS of one person and into that of another.

Adrogatio. Adrogation. A form of ADOPT1O under which a male sut IURIS was brought within the PATRIA POTESTAS of another.

Adsertor LIBERI A I IS. The plaintiff in a collusive action, brought in order to have a slave declared free.

Aedtljs CURUI.ts. Gurule Aedile. A magistrate recognised under the republican constitution with limited authority, among other matters, in the administration of private law. His authority over the market place resulted in the issuance of an influential edict governing' certain sales. Compare Praetor.

Aestimatlm. An innominate contract, under which a person passes property to another to sell. See also Permutatio.

Agnai ls. Agnate. One who shares a paterfamilias (living or dead) with another is that person’s agnate. PROXIMUS —. Nearest agnate. A person (or if several, a class) entitled to take under the civil-law scheme of intestate succession in the absence of sui heredes. Compare COGNATUS.

Album tudicum. See Iudex

Alieni 1UR1S. In the power of another. Those who are under the power of a PATERFAMILIAS, such as a child or slave, or a wife in inanity are alieni inns. Compare Sui iurts.

Alllvio. Increments of soil to riparian land, becoming the property of the riparian owner.

Alveus derelictus. The abandoned bed of a river that has changed its course.

Animo et corpore. Sec Possess«)

Animus. Intention.—furandi. See Furtum.—rea f.rtendi. Intention to return. Homing instinct. See also Possess«.).

ApUD IUDICEM.

Aquae ductus. Aqueduct. A rustic praedial servitude allowing the owner of the dominant estate to conduct water from or across the servi­ent estate. Sec also Servitus.

Arra. Earnest. Down-payment. A small sum or, more commonly, a token, passed from the buyer to the seller, serving as evidence that the parties have agreed on a sale, or as liquidated damages in the event the sale fails.

Atrox 1NIUR1A. See Iniuria

color=black face="Times New Roman">Auctoritas TUTORIS. Guardian’s approval. Certain transactions under­taken by a pupillus which made or threatened to make his or her financial position worse required the approval of a guardian. See also Tutela; Tutor.

Ay (JLS1O. The accessio of a piece of land which becomes detached from one person’s property, floats downstream, and then attaches itself via the roots of trees or plants to another person’s land.

Beneficium abstinendi. A remedy allowing a sues heres to be relieved from the ill effects of a HEREDITAS DAMNOSA.

Beneficium inventarii. The right of an extraneus heres to make an inventory of the inheritance before deciding whether to accept or refuse.

Bona ady enticia. A category of property to which a fit.iusfamilias had limited rights, barring enjoyment, and which passed into his ownership only on the death of the PATERFAMILIAS.

Bona fides. Good faith.

Bonorum possessio. A scheme of succession introduced by the prae­tor to correct the inequities of civil-law succession. Persons other than heirs were authorised to take possession of the property of the inheritance, such possession capable of ripening into ownership by usucapio.—AB INTESTATO. A scheme of succession introduced to ameliorate the effects of a strongly agnatic scheme of civil-law intes­tate succession.—CON I RA TABULAS. An authorisation granted against the wishes of the testator, usually to remedy the failure of the testator either to institute or disinherit probable heirs.—CUM re. An author­isation effective even against the heir.—secundum tabluas. A grant of bonorum possessio to the heir named in a written will.—SINE RE. An authorisation effective against all but the heir. See also Exheredytio; Legitimi; Testamentum; Vir et uxor.

CAPITIS DEMINUTIO. Deterioration of status. One’s status may deteriorate by enslavement, loss of citizenship, or loss of family rights by removal from one’s agnatic family.

Causa. In the condictio, causa indicates the basis or justification for the payment or conveyance at issue in the dispute. See also lus i’Y causa. Cau no. An undertaking, sometimes written, for an existing obligation. CENSOR. A republican office-holder in charge of the supervision of mor­als and the taking of the census. See also No TA.

Cessio action um. A transfer of one’s right to sue as creditor to another. ClVLS. A Roman citizen.

Codex. Code. Broadly, a collection of constitutiones, and commonly, the collections amassed under Justinian. The later of these collections is included in the corpus iuris civilis. Sec also Constitute).

Codicii.li. Codicil. A document that disposes of property on death but does not appoint a heres. Compare Testamentum.

Coemptio. A marriage ceremony, similar to the ceremony of MANCIPA­TIO. See also Confarreatio; Manus.

Cognatus. Cognate. One who bears a relation by blood with another is that person’s cognate. Compare Agnatus.

Cognitio. See Cognitio extraordinaria

Cognitio extraordinaria. A form of administering justice, increas­ingly prevalent from the principate onwards, where the PRAETOR rules directly on a matter, or assigns the matter to a subordinate, instead of delegating the matter to a iudex.

Comitia. Assembly. Under the republican constitution, the assemblies had powers of passing legislation, and in some cases, limited powers to administer justice. See also Concilium plebis.

Commercium. The right to participate in certain Roman modes of acqui­sition and contract. Sec also CONUBIUM; TesTAMENTI FACTIO.

Commix tio. A separable merging of property belonging to different owners. If the merging is performed by agreement of the owners, the mass is owned in common. If the merging is not performed by agree­ment of the owners, there is no change of ownership.

Commodai arius. See Commodatum

Commodatum. Loan for use. A so-called real contract. The commo- datarins (‘commodatary’ - the borrower) received detention of the thing and could use it according to the parties’ agreement. Compare Depositum.

Concilium plebis. Council of Plebeians. See also Comitia; Plebiscitum.

Concubinatus. Concubinage. A non-marital union of a man and woman.

Condictio. A claim against a person for the return of a thing or sum of money which ought not to be retained. The early condictio, as expressed in the formula, did not recite the grounds of the supposed indebt­edness, and over time this absence made possible the use of the con­dictio as a broad remedy for unjust enrichment.—causa DATA causa non secuTA. A claim for restitution of an unreciprocated payment or conveyance.—furtiaA. A reipersecutory action against a thief.— INDEBITI. A claim for restitution of what was paid or conveyed though not OAved.—OB turpem a ll TNIUSTAM causam. A claim for restitu tion of what Avas paid or conveyed for an immoral or illegal purpose.— sine causa. A generalised claim for restitution based on unjust enrichment.

Conduc tor. See Locatio conduc tio

Confarreatio. A marriage ceremony conducted in the presence of priests and involving' the consumption of a cake irfj’ar (spelt). Sec also Coem ptio; M ANUS.

CONEUSIO. An indissoluble merger of things, which results in no change in identity, such as liquids, or molten metals that cannot then be sepa­rated. Where such property of two persons is merged, joint ownership of the whole is the result.

CONSTITUTIO PRINCIPIS. An act of imperial lawmaking. The term com­prises several forms. See also Decretum; Edictum; Mandatum; Rescriptum.

Constitutum debiti. An agreement to pay an existing debt.

Co\s 111 l 11 \i possessorium. A means of delivery in which ownership and possession pass to another, though the former owner continues to hold the property under a definite transaction such as loan. Sec also Traditjo.

Com rectano. See Furtum

CONUBIUM. The right to contract a Roman marriage. The civil-law effects varied with the extent of the grant. See also Commercium; T ESTAMEN T1 FAC 1'10.

lang=EN-US style='font-size:11.0pt; text-transform:uppercase'>Corpus. See Possess«)

Corpus juris civilts. A collection of works compiled almost entirely under the direction of Justinian in the sixth century At), but contain­ing materials from earlier centuries as well. The works comprise the Digest, the Institutes, the Code, and the Novels.

CRETlO. A formal oral declaration accepting an inheritance. See also Hereditas.

Culpa. Fault, i. A lesser degree of blameworthiness than dolus or CUS- TOD1A, roughly equivalent to modern negligence. 2. A blameworthy state of mind, including that described by dolus.

Cura minorum. Care of minors. An institution analogous to 11 11.1. \ but applicable to minors. It incorporated a practice of approval to transac­tions that was similar, though weaker in effect, to AUCTORITAS TUTORIS. See also.Minor.

Custodia. A high standard ofcarc, often imposed without regard to a specific state of mind. Sec also CULPA; DOLUS.

D \\1\1 \i. Loss.—emergens. Consequential loss.

Damnum iniuria datum. Loss wrongfully caused. A delict founded on the lex Aquilia, imposing liability for the killing of another’s slave or cattle, and for burning, breaking, or destroying another’s property. With the aid of juristic interpretation, the delict developed to cover wider losses.

Decretum. Decree, i. The ruling of the praetor or other judicial magis­trate in an individual case. 2. A type of imperial law making, taking the form of a judicial ruling. See also Consti ru i’io princtpis.

Dediticius. One who held the status of an alien captive.

Deiectum effusumve. Thrown or poured. A quasi-delict, under which the occupier of a building is liable for damage caused by anything thrown or poured from the building.

Delegate). A novatio effected by a substitution of creditors. Depositaries. See Depositum

Depositum. Deposit. A so-called real contract. The depositarius (‘depos­itary’ - the borrower) received detention of the thing and held it for safe-keeping.

Deten tio. See Possessio

DlGESTA. Digest. A compilation of excerpts from the works of clas­sical jurists, promulgated by Justinian as part of the CORPUS juris CIVILIS.

Dolus. Fraud. A state of mind marked by a willingness that another should suffer. 1. The term is used to describe the degree of built needed to create liability in certain contracts and delicts. 2. The except™ doli (‘defence of fraud’) was put forward by a defendant who maintained that the plaintiff’s action was brought in bad faith. 3. The actio doh or actio de dolo (‘action for fraud’) was a praetorian action available to one who claimed he had been injured by the fraudulent act of another. Sec also Culpa; Cus podia.

Dolus Malls. See Dolus

Dominium. Ownership. A real right, in concept unique and indivisible, with broad powers of enjoyment.—ex iure Quiritium. Ownership by the civil law. See also lus in re aliena; rem, In; Vindicatio.

Dominus. Master. Owner.

Don Ano. Gift.—ante nupteas. Gift before marriage. A contribution of property by a man before marriage, analogous to DOS.—infer \ i\os. Gift between living people. Such gifts were restricted by custom and legislation.—mortis CAUSA. Gift in contemplation of death. Such gifts required special treatment on account of their affinity to legacies.— PROPTER NUPTIAS. Additions to donatio ante nuplias made during the marriage. See also Fideicommissum; Legatum.

Dos. Dowry. Property brought into a marriage on the wife’s account. See also Donatio ante nuptias.

Edictum. Edict. 1. A series of statements of policy issued yearly by mag­istrates in charge of administering justice (most notably the prae tor), and displayed publicly. The edict made known the different sorts of claims that the magistrate was willing to entertain during his term of office. 2. A type of imperial law making, taking the form of a statute.

EmphyTEUSIS. A long-term lease of land giving its holder (emphyteuta) certain real rights in the land.

Emphyteuta. See Emphyteusis

Emptto yenditto. Sale. A consensual contract, under which a buyer (emptor) and seller (venditor) agree on the purchase of a thing (res) for a price (pretium).

Emptto rei sper at \e. Sale of an expected thing. The sale of a future thing which, coming into existence, is seen to perfect the contract. Compare Emptto spei.

Emptto spei. Sale of an expectation. The sale of a future thing wholly at the buyer’s risk. Compare Emptto ret speratae.

Emp tor. See Emp t to venditio

Error. Mistake. In contracts generally, and in consensual contracts in particular, a misapprehension about the terms of the contract may hin­der its formation.—IN GORPORE. Mistake in identity.—TN NEGOTIO. Mistake in the transaction.—tn subs tan tt y. Mistake in substance.

Ex contractu; Ex delicto. See Obligate)

Exceptio. Defence. Plea in bar. A clause inserted into a formula describ­ing facts that, if true, would hinder the plaintiff from recovering on his principal claim.—dolt. See dolus.—1UST1 dominii. A defence in a suit for ownership, including an ACTIO PUBLIGIANA, that the defendant is the true owner.—non numerytae pecuniae. A defence claiming that the sum sued upon had never been advanced.—PACTI. A defence that the plaintiff had agreed by PACTUM not to sue on his claim.—RET VENDI TAE ET TR ADITAE. In a suit for ownership, a defence that the thing was sold and delivered to the defendant. See also Repltcatio.

Exiieredatio. Disinheriting. A testamentary provision preventing a SUUS heres from being instituted heir. See also Test A.mentum.

Familiae emptor. The nominal ‘purchaser’ in a test amentum per aes ET LIBRAM.

Fay OR TESTAMENT!. The term describes the law’s inclination to preserve the validity of a will so far as possible.

Fideicommissarius. Sec Fideicommissum

Ftdetcommtssum. A testamentary instruction to an heir or legatee (the fulu- ciarius) to make over some part of what he had received to another (the Jideicommissarius).—HEREDITATIS. The Jideicommissum of an inheritance or some part of it. See also Donatio causa mortis; Teg atum.

Fideiussio. A form of suretyship, accomplished by STIPULATE), used for securing debts created in a wide number of ways. Compare FII)EPROMissio; Sponsio.

Fidepromissio. A form of suretyship for debts created by STIPULATIO and itself accomplished by stipulatio but, unlike sponsio, not confined to Roman citizens. Compare Fideiussio.

Fiducia. See Mancipatio cum fiducia Fiduciarius. See Fideicommissum

Fili afamilias. See F1I.1USFAMII.LAS

FiliUSFAM1I.iasfili afamilias. Son-in-power. A descendant of a living paterfamilias.

Formula. A brief statement, composed by the praetor or other judi­cial magistrate and passed to a judge, describing the conditions under which the judge should condemn or absolve the defendant at trial.

Fructus pl. fructus. Fruit. The produce of a thing, such as crops or the young of animals. The fruit typically belongs to the owner of the thing, but not always. For example, a bona fide possessor becomes owner of the fruits at their separation (separatio), and a usufructuary, by gathering them (perceptio).

Furtum. Theft. The delict of theft is generally committed by the handling (contrectatio) of a movable, with some dishonest intention (animusfurandi — ‘intention to steal'), against the wishes of a person with an actionable inter est in the thing (usually the owner). The delict evades any single definition. The plaintiff had the actio furti in one of its variants (jiirti nec manifesti,furti concepti, etc.).—manifes tum. Manifest theft.—nec manifes tum. Non­manifest theft.—possessionis. Theft of possession.—usus. Theft of the use of a thing. See also Condictio furtiva; Rapina.

Gen tiles. A class of persons belonging to the same gens, and entitled to take under the civil-law⁷ scheme of intestate succession in the absence of proximi agnati.

Gestio. See Nego tiorum ges tio; Pro herede ges tio

Ges tor. See Nego tiorum ges tio

H \btta 110. A personal servitude, giving its owner the use of a house. See also Sera itus.

Heres pl. heredes. Heir. One w ho succeeds to the debts, claims, and property of another at the latter’s death. Extraneus —. One who was not within the power of the deceased at the time of death. Necessarius —. Compulsory heir. A slave who is freed under the w ill and instituted as heir. Suus —. Immediate heir. One who was in the potestate or manus of the deceased, now’ sui iuris.

Hereditas. Inheritance. The debts, claims, and property to w hich col­lectively an heir succeeds.—damnosa. An inheritance in which the debts exceed the property.

Hypotheca. Charge. Hypothec. Mortgage. A means of securing prop­erty w here the debtor retains both ownership and possession of the thing, and grants to the creditor a right of recourse in the event of non­payment. Compare Mancipatio cum fiducia; Pignus.

Immobile/?/, immobti.ia. Immovable. Compare Mobile. See also Res mobiles.

Imperium. Power. The highest degree of authority attaching to certain offices of state.

TviPLBES/)/. impuberes. Child. A person below the age of puberty. Initially, the status was determined by outward signs; later, puberty was deemed to begin at the age of 12 for girls and 14 for boys.

In ilre cessio. A collusive proceeding before the praetor, used to accomplish a conveyance principally of lesser real rights, but also of RES MANCIPL

Inaedificatio. An accessio of buildings to land.

Iniuria. Insult. Contempt. An intentional affront to another person. A plaintiff who was injured directly or vicariously had the actio iiuuri- arum. Atrox—. Aggravated insult.

Insula nata. The term describes one of several events involving the appearance of an island in a body of water, giving rise to an issue of ownership.

In TERDICTUM. Interdict. A remedy for the protection or recovery of pos­session, offered by the PRAETOR or other judicial magistrate to a person who had come into possession in an acceptable way, e.g. nee vi nec dam nec precario (‘neither by force, secretly, or by grant at will’).

Interpretatio. See Interpretatio prudentium

Interpretatio prudentium. Juristic interpretation. The writings and opinions of jurists on points of law sometimes had the authority of law See also lus respondendi; Responsum.

Iter. Passage. A rustic praedial servitude allowing the owner of the dom­inant estate to walk or ride over the servient estate. Sec also Servitus.

Iudex/)/. iudices. Judge. A civil trial during the classical period typically took place before an units index (‘single judge’) appointed for that case. Sources refer to this stage of the lawsuit as apud iiidicem (‘before the judge’), or as the iudtcium. The album iudiciim was a list of available judges, from which the parties selected.

lUDEX QUI LITEM SUAM FECERIT. Sec LlTEM SUAM FACERE

Iuniani Latini. Junian Latins. These were imperfectly manumitted slaves who, under legislation, enjoyed freedom in their lifetime. See also Libertines; Libertus; Manumissio; Obseqlium; Serves.

jure, In, In the court of the magistrate in charge of administering justice. The preliminary stage of a civil lawsuit, and the grant of certain extra ordinary remedies, took place in litre.

Ils pl. iura. Right. Law. In the first sense it gives its holder priority of treatment in transactions, authority, or litigation. In the second sense it refers to the body of law from which such rights derive.

Ils civile. Civil law. The body of law which binds and gives rights to Roman citizens. It comprises custom and statutes (including the Twelve Tables) that bind the whole Roman people, as well as the juristic inter­pretation affecting those sources. See also Cix is; lus gentium; Ius HONORARIUM.

Ius COMMERCII. See Commercium

Ius CONUB11. See Conubium

Ius gentium. Law of all nations. The term includes the universal law apprehended by natural reason (an equivalent to IUS N.xturxle), as well as the law empirically observed to be common among all nations.

Ius honorarium. That part of the law that owed its creation to the act of a Roman magistrate.

Ius in re aliena. A right in rem over another’s property. See also Dominium; Servitus.

Ius naturxle. Natural law. The term includes the universal law appre­hended by natural reason (an equivalent to ius gentium), as well as the law implanted by nature in both humans and animals and evidenced in their conduct.

Ius respondendi. The right of giving responsa on points of law with the emperor’s authority. Sec also Interpretatio PRUDENTIUM; Responsum.

Ius \ itae necisque. A power of life and death possessed at least nomin­ally by a paterfamilias over his children.

Iustx CXUS X. Just cause. Cause, r. In trxditio, the presence of cause indicates an understanding, by both sides, that ownership in the res passes. 2. In USUCAPIO, the presence of cause indicates that the RES came into the possession of the would-be usucaptor under circum­stances which ordinarily accompany the passing of ownership.

IusTAE NUPTIAE. Roman marriage.

L AESIO ENORMis. A late imperial doctrine allowing sellers to rescind the sale of land when the agreed price was less than half its true value.

Latin I. Latins. A Latin holds a legal status below that of GIVIS and above that of peregrinus. The term is a convenient shorthand for differ­ent classes of status, each class possessing somewhat different rights in private law. See also Commergium; CoNUBtuvi; Iuniani Latini; TESTAMENTI FACTIO.

Legatartus. See Leg \it \i

Legatlm. Legacy. A will often charged the heir with making gifts out of the inheritance to individuals (legalarius — ‘legatee’).—per I )\\1\ \ tionem. A legacy that instructed the heir to convey the property to the legatee, and gave the legatee a personal right against the heir.—per AINDICATIONEM. A legacy that vested in the legatee immediately on entry of the heir. See also Don \tio mortis c aus a; Fideicommissum; Testamentum.

Legis actio, ίλη archaic form of procedure, largely abolished by the first century BC, characterised by the strict observance of forms.

Legittv ia pars. That portion of an inheritance regarded as adequate to debar a QUERELA INOFFICIOSI testamenti. Under the lex Falcidia, this was fixed at one-quarter of the complainant’s entitlement on intestacy.

Legitima portio. See Legitima pars

Legitimi. In bonorum possessio ab intestato, the class of persons with a claim to the inheritance under the civil law

Lex pl. leges, i. Statute. Law. The enactment of a popular assembly or the concilium plebis. During the principate, leges originated with the emperor. Statutes destined only for a province are also called lex. In later literature, the barbarian codes severally come to be called lex. 2. Right. Term. A person’s right to claim a remedy against another, whether implicit in the law (lex talionis, lex conductoris) or expressly agreed (lex COMM1SSOR1A).

Lex COMMISSORIA. A term added to a contract of sale providing a remedy to the seller if the price is not paid by or before a certain date. See also ÅÌÐÒ'Þ \ ENDITIO.

Lex Aquilla. A plebiscite of the third century bc establishing liability for DAMNUM INIURIA DVI'UM.

LtBERt. Descendants. A class of persons to whom bonorum POSSESSIO ab INTESTATO was offered.

Libertinus. Freedman. A former slave, now a citizen or Iuniani Latini. Sec also Adsertor libertatis; Libertus; Manumissio; Obsequium; Servus.

Libert us. A freedman under a duty of obsequium to his patron. See also Adsertor libertatis; Iuniani Latini; Libertinus; Manumissio; Servus.

Litem suam facere. To make the case hisown. A quasi-delict, under which the misconduct of a iudex at trial renders the index himself liable.

Lr LERIS. By writing. The so-called contracts Uteris were obligations cre­ated by certain forms of writing.

Lrns CONTEST \ 1'TO. Joinder of issue. The final event in the proceedings before the praetor or other judicial magistrate.

LOCATE) CONDUCTIO. Hire. A consensual contract, under which one party (the locator) lets out something to another (the conductor) for a charge or rent (nierces).—operarum. Hire of labour.—OPER1S. Hire of a piece of work.—REI. Hire of a thing.

Locator. See Locatio conductio

Longi temporis praescrip 110. Long term prescription. Originally, a limitation of actions, and later, a form of acquisitive prescription. In Justinian’s law it gave ownership of immovables by long term posses­sion. See also Usucapio.

MANCIPATIO. A public act with the aspect of a cash sale, used to accom­plish the conveyance of a res m ancipi, the emancipation of a child, or (with modifications) the making of a will. Compare Traditio. See also Mancipatio cum fiducla.

M ANCIPATTO COM fiducla. A form of real security, where the debtor con­veys the property (by MANC1PAT1O or IN 1URE CESS1O) to the creditor, with an agreement (Jiducia) that the property should be reconveyed to the debtor in the event the debt is satisfied. See also Hypotheca; P1GNUS.

mancipio, In. Sec Mancipium

Mancipium. Quasi-servile dependency. Bondage. A person of this status is said to be in mancipio.

MANDATUM. Alandatc. 1. A consensual contract, under which a manda- tarius (‘mandatary’) gratuitously performs a service for a mandator. 2. A type of imperial law-making, taking the form of an instruction to an official. Sec also Constitute) principis.

MANUMISSTO. Manumission. A formal or informal act by which a slave emerges from servitude. See also Adsertor libertatis; Iuniani Latini; Libertinus; Libertus; Obsequium; Sera us.

Manus. A subordinate marital relation similar to patri \ potestas. See also CoEMPTio; Confarreatio.

Merges. Sec Locatio conductio

Metus. Duress.

Minor. A person under the age of twenty-five. See also Cura mlnorum. Mobile/»/, mobilia. Movable. ComparelMMOBiLE. See also Res mobiles. Mutuum. Loan for consumption. A so-called real contract. A person conveys to another an item of property which is ordinarily consumed by its use, and the recipient comes under an obligation to return an item that is equivalent in quality and quantity

X\UTA, c:\upo, STABULARIUS. Ship-owner, innkeeper, stablekeeper. Under a quasi-delict, these persons were liable for theft or damage caused by a slave or employee.

Xegotiorum GEST1O. Management of affairs. A quasi-contract, under which a person (the gestor — ‘’manager’) voluntarily undertakes to per­form something useful for another.

XoTA. In the recording of the census, a mark entered by the censor against the name of one whose conduct he disapproved.

X’OVA SPECIES. Sec SPECIFICATIO

lang=EN-US style='font-size: 11.0pt;line-height:124%;text-transform:uppercase'>Novate). Novation. The extinguishment of one debt and the substitu­tion of another. See also Delegate).

Xovellae. See Xovellae constitutiones

Xovellae constitutiones. Novels. A group of late imperial constitu­tions, comprising the final division of the CORPUS iuris Ct\ ills.

Obligate). Obligation. A legal relationship between persons marked by rights and their correlative duties. In the institutional scheme, the right created by an obligation is treated as an asset, and therefore a thing. Accordingly ‘obligations’ is the second division in the Law of Things. In Justinian’s scheme, obligations arise either ex contractu (from con­tract), quasi ex contractu (as though from contract), ex delicto (from delict), or quasi ex delicto (as though from delict).

Obsequium. Respect. A libertus and his patron observed a continuing relationship marked, on the side of the former slave, by certain duties of respect. Sec also Adsertor libertatis; Iuniani Latini; Libertinus; MANUMrssio; Servus.

Occupatio. Occupation. The acquisition of ownership of a RES NULLIUS, accomplished by taking possession.

Oneris ferendi. An urban praedial servitude giving the owner of the dominant estate the right to have his wall supported from the servient estate. Sec also SERVITUS.

Oper \e SERA ORUM. A personal servitude, giving its owner the use of the services of a slave. See also Servitus.

Oratio. i. A means by which an emperor framed a proposed law to the Senate. 2. The speech of an advocate.

Pactum. Pact. An agreement which, with a few specific exceptions, was not enforceable unless it formed part of a wider, enforceable contract, but which in some instances could be used defensively in litigation. See also Exceptio pacti.

Paterfamilias. The head of the Roman family, usually the oldest living male ascendant. See also FILIUSFAMILIAS; Patria POTESTAS.

PATRIA POTESTAS. The authority, carrying many incidents in private law, of the paterfamilias over his descendants. Those descendants were said to be in polestale (hinder his authority’). See also FILIUSFAMILIAS.

Peculium. Property that by law belongs to a master or pxterfamii.i \s but by custom is controlled to some degree by the slave or filiusfamilias.

Peculium gasTRENSE. A species of PECULIUM to which exceptionally a filiusfamilias holds a limited property right.

Perceptio. See Fruc tus

PEREGRINUS /. PEREGRINA. Foreigner. Peregrine. One who was not a Roman citizen was Aperegrinus.

Pericllum. Risk.—emptoris. Buyer’s risk. The term refers to the pass­ing of risk to the buyer on perfection of a contract of sale, notwithstand­ing the fact that ownership remains with the seller.

Permutatio. Exchange. Barter. An innominate contract, under which one thing is exchanged for another. Sec also Aestimatum.

Persona pl. personae. Person. Human being. ‘Persons’ is one of the three principal divisions in the institutional system. See also Res; Ac no.

personam, In. Personal. The term describes a right against a person, or an action asserting a right against a person. Compare rem, In.

Pignls. Pledge. A so-called real contract, serving as accessory to a debt. The debtor gives possession of a thing to the creditor as security for the debt. Compare Hypo tiii c\; Mancipatio cum fiducia.

Plantatio. Planting. An accessio of plants to land.

Plebiscitum. Plebiscite. A law passed by the concilium plebis. Sometimes called lex.

Positum al l suspensum. Placed or hanging. A quasi-delict, under which the occupier of a building is liable for things which arc placed or hanging from the building to the endangerment of others.

POSSESSIO. Possession. A relation between a person and a thing, where a person holds in the manner of an owner, and where that person’s holding is enforceable by a remedy in law (interdictum). Possession is acquired, according to one notion, aniiiio et corpore (‘by an act of the mind and an act of the body’), signifying an intention {animus} to exer­cise the effective power of control {corpus) over the thing. A holding which did not amount to possession was detentio (‘detention’).

POSTLIMINIUM. By this right a Roman once captured by an enemy regained retrospectively many of the rights lost through his captivity.

potestate, In. See Pai ria potestas

Praetor. The highest judicial magistrate in Rome. In time his responsi­bilities were divided between the praetor urhamis (urban praetor), who entertained cases between citizens, and the praetor pcrcgrinus (pere­grine praetor), who entertained cases involving non-citizens. See also Aedilis curulis; Edictlm; Formula; Ius honorarium.

Pretium. See Emptio venditio

Pro herede gestio. An act such as an heir would perform, construed as the acceptance of an inheritance.

Proximus \(d)gnatus. See Agnatus

Pupillus. Ward. A child or woman under tutela. See also AuctoriiAS tutoris; Tutor.

Quasi ex contr actu. (Obligations) as though from contract. They com­prise condictio; negotiorum gestio. See also Obligatio.

QUASI EX DELICTO. (Obligations) as though from delict. They comprise DEIECTUM EEEUSUMVE; LITEM SUAM EACERE; NAU'I’A, CALIPO, STABU­LARius; positum aut suspensum. See also Obligate).

Rapin a. Theft with violence.

Rei a indicatio. See ViNDICATIO

rem, In. Real. The term describes a right against a thing, or an action asserting a right against a thing. Compare PERSONAM, In.

Replica tio. A clause in the formula describing the conditions under which the judge should condemn the defendant notwithstanding the sufficiency of the EXCEP TIO.

Res^/. res. Thing. ‘Things’ is one of the three principal divisions in the institutional system. See also Actio; Persona.

Res corporales. Corporeal things. Things with a physical presence. Their opposite, res incorporates (incorporeal things), were incapable of possession and thus could not be acquired with the same simplicity as corporeal things.

Res DERELIC'1 ae. Abandoned things. A thing that is discarded by its owner with the intention of not owning the thing in the future. The thing becomes res NULLIUS subject to OCCUPATIO.

Res immobii.es. See Res mobiles

Res incorporales. See Res corporales

Res mancipl An item (or in the plural, a class) of property, title to which exceptionally could be transferred only by m ancipatio or in iure cf.s- S1O. Title to res nec mancipi (things other than res mancipi) could be transferred by simple delivery Res mancipi comprised slaves, beasts of draught or burden, land in Italy, and rustic praedial servitudes.

Res mobiles. Movables. Land and buildings were elassed as res inimobiles (immovables); the rest were movables.

Res neg m \ncipi. See Res m \nctpi

Res nullius. A thing belonging to no one. See also Occui’ATtO.

Rescriptum. Rescript. A type of imperial law-making, taking the form of a decision on a point of law. See also Constitutio princtpis.

Responsum. The opinion of a jurist on a point of law put to him. See also Interpretatio prudentium; Ius respondendi.

Res i ttutio in integrum. Restoration to the original position. A remedy granted by the praetor or other judicial magistrate. For the sake of justice in an individual case, the magistrate ignored the legal effects of an event or transaction.

Senatlsconsultum/»/. senatusconsulta. Resolution of the Senate. In the republic it served as advice or an expression of opinion. In the early empire it was a vehicle for imperial law-making. See also Oratio.

Separate). See Fructus

Servitus. Servitude. A ius in re aliena taking the form of a burden on property, to which burden the property owner must submit. Servitudes are conventionally classed into two types. Praedial servitudes burden immovable property and ‘’belong to’ (benefit) another piece of immov­able property. Personal servitudes burden both movable and immov­able property and belong to a person. See also Actus; Aquae dlctus; Habitatio; Iter; Operae seryorum; Usus; Usus fruc tus; Via.

Servus f serva. Slave. See also Adsertor libertatis; Iuniani Latini; Libertines; Libertus; Manumissio; Obsequium.

SociETAS. Partnership. A consensual contract, under which two or more persons pool their property and labour for a common purpose.—ALICUIUS NEGOT1ATION1S. A partnership formed for one kind of business.—om­nium bonorum. A partnership effecting the merger of all of the assets of the partners.—UN1US RE1. A partnership formed for a single transaction.

Specificate). Specification. The creation of a nova species (‘new thing’) wholly or partly from the materials of another. The event gives rise to a problem of identity, and therefore of ownership, of the new thing.

Si’ONSiO. A form of suretyship for debts created by STIPULATE) and itself accomplished by stipulalio, but confined to Roman citizens. Compare Fit )eiussio; F11aeprom issio.

ST1PULATIO. Stipulation. A so-called contract verbis, concluded by the oral exchange of a question and answer in a formal manner. The term also refers to the question alone. See also Verbis.

Subscrip tio. See Testamentum

Substitutio. The provision in a will that, if the instituted heir does not enter into the inheritance, some other named person should be substi­tuted. It is also called substitutio vulgaris (‘’ordinary substitution’).— pupillaris. The appointment of a substitute heir to take effect if the appointed heir should die before puberty. See also Impubes; Testamentum.

Subs ti tu tio vulgaris. Sec Substitutio

Successio. Succession. The act of taking another’s place, usually the act of a heres taking the place of the deceased as to the latter’s property and debts.—AB INTESTATO. Intestacy. A succession in which there is no valid will.—graduum. Succession by steps. A division where persons with a more distant degree of relationship to the deceased are entitled to take when those of a closer degree do not.—ORDINUM. Succession by class. A division where a class is entitled to take a share only when some other class has renounced its share.—per capita. Succession by head. A division where shares arc divided equally among those entitled to take.—per s tirpes. Succession by representation. A division where shares are nominally apportioned among persons before distribution to the descendants of any such persons who arc deceased, those descend­ants dividing equally the share of their ascendant.

Sui 1URIS. In one’s own power. Those persons, male or female, who are not under the power of a PATERFAMILIAS (nor, in the case of a woman, in manu), are sui inns. Compare Alieni iuris.

Superficies. A transaction giving a long-term real right in a building. Talio. Retaliation.

Testamenti factio. Testamentary capacity. The right to make a Roman will, and to take under a Roman will. See also Commercium; Conubium; Testamentum.

Testamentum. Will.—comitiis calatis. An archaic form of will made before the comitia curiata.—HOLOGRAPHUM. A will written in the hand of the testator.—LN procinctu. Will in battle array. A soldier’s will pre­pared when battle was imminent.—per aes et libram. Mancipatory will. A will that is written on tablets and then solemnized by an act closely resembling mancipatio.—tripertitum. A late imperial form of will conspicuous for its use of subscriptiones for authenticity. See also Favorn.s i \men ri; Tes iami n 11 factio.

Thesaurus. Treasure. An ancient deposit of valuables out of memory, regarded now as ownerless.

Traditio. Delivery. Tradition. A mode of transferring ownership accomplished by the handing over of a thing, with IUSTA CAUSA.— brfai \1 \\i. Short-handed delivery. A traditio in which the physical delivery precedes the intention to transfer ownership.—LONGA manu. Long-handed delivery. A traditio in which the handing over is accom­plished without the recipient’s experiencing immediate physical con­tact w ith the thing. See also ConstituteM POSSESSOR1LM. Compare Mancipatio.

Tutet.a. Guardianship. An institution for the protection of the property interests of children who are not in pot estate (tutela impuberum) and of women who arc not in potest ale (lulela muUerum).—LEGITIMA. The guardianship assumed by the nearest male agnate. Its holder was the tutor legitimus. See also Auctorii as tutoris; Pupillus; Tutor.

Tutela impuberum; Tutela legitima; Tutela mulierum. Sec Tutela

Tutor. Guardian. A man w hose principal responsibility was to look after the property interests of a pupillus.—DATIVUS. A tutor appointed by a magistrate.—legitimus. See Tutela.—tes tamentartus. A tutor named in the TESTAMEN'1 UM of the father. See also Auctoritas tutoris; Pupillus; Tutela.

Tutor dativus; Tutor tes i amentarius. See Tutor

Tutor legitimus. See Tutela

Usucapio. Usucapion. A form of acquisitive prescription, recog­nised principally to cure defects in title. See also LON’GI TEMPORIS PRAESCR1PTIO.

L'SUS. Use. A personal servitude, giving its owner the use of a thing, but not its fruits. Compare Usus eructus. See also Servieus.

Usus ERUCTUS. Usufruct. A personal servitude, giving its owner (the usu­fruct iiarius) the right to use and to take the fruits of a thing. Compare Usus. See also Servi eus.

Venditor. See Emptio venditio

Verbis. By words. The so-called contracts verbis were obligations created by spoken words. See also Stipulate).

size=2 color=black face="Times New Roman">Vi clam precario. Sec In terdictum

Via. Way. A rustic praedial servitude allowing the owner of the dominant estate to exercise the rights exercisable under iter and ACTUS. See also Servitus.

VINDICATE). An action in rem asserting that an item of property or other real right belongs to the claimant. See also Dominium; rem, In.

Vindicia. Wand. The vindicta was used in certain actions before the PRAETOR, such as manumissio vindicia and legis actio per sacramentum.

Vir et UXOR. Husband and wife. These were named as a class of per­sons entitled to the remedy of BONORUM POSSESSIO AB INTESTATO with respect to one another’s property, in the absence of a claim with a higher priority.

Vis maior. An unavoidable event, such as a so-called Act of God, which absolves a party of fault.