Roman Law Terms with Letters L

L. Abbreviation for “libero” ( = I acquit). See A.

Labeo, Marcus Antistius. One of the most famous Roman jurists, contemporary with Augustus, pupil of prominent republican jurists, among them Trebatius.

Jörs, RE 1, 2548, no. 34; Orestano, ND! 7; A. Pernice, Labeo, Röm. Privatrecht im ersten Jahrh. der Kaiser seit, 1 (1873); Grosso, Quaderni di Roma 1 (1947) 335; Berger, BIDR 44 (1937) 96; Santi di Paola, BI DR 8-9 (1948) 277; Schulz, History of Roman legal science (1946) 207. �?

Lacus. A lake. “It has water permanently” (D. 43.14.1.3). Navigation on public stagnant waters, such as lakes, ponds (stagna), channels (fossae), is protected by the same interdicts as that on public rivers. See FLUMINA PUBLICA, INTERDICTA DE

FLUMINIBUS PUBLICTS.

Berger, RE 9, 1636; De Ruggiero and Mazzarino, DE 4.

Laedere. To injure, to hurt, to damage. “He who exercises his right injures no one (neminem laedit).” “Through agreements between private individuals rights of other persons cannot be impaired” (D. 2.15.3 pr.). See AEMULATI0, UTI IURE SUO.

Laelius Felix.

Berger, RE 12, 416.

Laesio enormis. A non-Roman term which refers to the sale of a thing for which the buyer paid less than half of its real value (nec dimidia pars veri pretii). In Justinian’s (postclassical ?) law such a sale could be rescinded at the request of the seller, but the buyer might keep the thing by supplementing the price paid to the full value.—See pretium iustum.

Brassloff, ZVR 27 (1912) 261; Meynial, Mel Girard 2 (1912) 201; Andrich, RISG 63 (1919); Solazzi, BIDR 31 (1921) 57; Levy, ZSS 43 (1922) 534; De Senarclens, Mel Fournier (1929) 696; Scheuer, ZPR 47 (1932); Nicolau, RHD 15 (1936) 207; Albertario, St 3 (1936) 401; Carrelli, SDH I 3 (1937) 445; R. Dekkers, La l.e., Paris, 1937; Genzmer, Die antiken Grundlagen der l.e., Ztschr. für ausländisches und intern. Privatrecht 11 (1937); Jolowicz, Recueil en l’honneur de E. Lambert, 1 (1938); Leicht, St Calisse 1 (1940) 37.

Lance et licio. The search (perquisitio) for stolen things in the house of the accused person had to be made according to the Twelve Tables under certain formalities: the plaintiff was clothed,only with a girdle (apron — licium) and he held a dish (lanx) with both hands. This measure excluded the possibil­ity that the pursuer might bring in the stolen goods. The procedure took place in the presence of witnesses. It fell into disuse early.—See furtum, furtum con­CEPTUM, FURTUM OBLATUM.

F. De Visscher, Etudes de droit rom. 1931, 217; Rabel, ZSS 52 (1932) 477; Polak, Svmbolae van Oven, 1946, 253.

Lanciarii. A military unit within the praetorian co­horts (see co hors) instituted by Diocletian.

Mazzarino, DE 4.

Lapidicina. A stone quarry. Juristically relevant is the question of who owns a quarry discovered in a land after it had been sold without the seller's knowing of the quarry’s existence. Generally stones are con­sidered as proceeds (fructus) of the land.

Lapillus. See iactus lapilli.

Lapis. A stone of any kind (a building stone, a mile­stone, a boundary stone, see terminus, even a gem, see gemma), ius lapidis eximendi — the right (servitude) to take stones from another’s land (stone- pit).—See lapidicina.

Laqueus. A rope.—See strangulatio, suspendere. Pfaff, RE 4.

Lares. Tutelary deities of a household; in a broader sense, the household itself.—Lares collocare see do­micilium.

Vitucci, DE 4.

Largiri. To bestow, to donate, to give a liberal gift. The term is also applied to judicial remedies granted by the praetor, e.g., a restitutio in integrum.

Largitas. (Frequent in imperial constitutions.) Lar­gess, giving a gift, granting a benefit. Syn. largitio. Ensslin, RE 12.

Largitio imperialis. A benefit, privilege, grace be­stowed by the emperor.—See comes sacrarum lar­gitionum, largitiones.

Largitionalis. Connected with the state treasury, fiscus (in the later empire). The term refers to all kinds of taxes and imposts paid to the treasury.

Largitiones. The state treasury ( = fiscus) in the later Empire; it is also called sacrae largitiones as depend­ing upon the control and disposal of the emperor,

exercised by a staff of imperial officers (palatini, comitatenses) under the direction of the comes sa- CRARUM LARGITIONUM. C. 12.23.

Samonati, DE 4, 408.

Lascivia. Wantonness, lasciviousness, negligence. In certain situations it is considered as culpa and in­volves the responsibility of the person who neglected his duties per lasciviam.

Lata fuga. See interdictio locorum, exilium.

Laterculum. An official register of all public offices and officers in the later Empire. It was kept and supervised by special· officials, laterculenses.

Laticlavius, laticlavus, latus clavus. See clavus, TRIBUNI LATICLAVII.

Latifundia (lati fundi). Large estates owned by the state (populus Romanus), the emperor (pa trimonium principis), members of the imperial family, or private individuals.

Lecrivain, DS 3; Heichelheim, OCD; N. Minutillo, Lati- fondi nella legislations dell’impero rom., 1906; P. Roux, La question agraire en Italic. Le latifundium r., 1910.

Latina libertas. The legal status of latini iuniani. —C. 7.6.—See also latinitas.

Latini. The descendants of the population of ancient Latium (Latini prisci), which was organized as a federation of various smaller civitates. After its dis­solution (in 338 b.c.), Rome entered into relations with the civitates Latinae on the basis of agreements by which they were given a rather privileged status, designated as ius Latii. Later, colonies were founded in Italy on the basis of ius Latii as civitates Latinae. The citizens of these colonies were Latini coloniarii (colonial Latins). The Latin colonies were granted internal autonomy, with their own legislative and jurisdictional organs, but they were subject to the Roman foreign policy, to financial obligations to Rome, and to military service in wartime. Although legally strangers (peregrini), they enjoyed some po­litical rights in Rome, the right to vote in comitia tributa, acquisition of Roman citizenship through domicile in Rome, ius commercii with Rome, and the right to conclude marriages with Romans, when specifically granted. The charter issued on the occasion of the foundation of a Latin colony deter­mined the rights of its citizens in each case. An important advantage of the Latini coloniarii was the opportunity to obtain Roman citizenship (either gen­erally or individually) for services rendered to the Roman state. Latins who held offices in their own community easily became Roman citizens. The ius Latii was a particularly favorable legal status, in a sense, an intermediate status between Roman citizen-

537 ship and the status of peregrini.—See latini iuniani, LEX LICINIA MUCIA.

Steinwenter, RE 10 (s.v. ius Latii) ; Lecrivain, DS 3; Vitucci, DE 4 (Latium) ; A. N. Sherwin-White, OCD; idem, The R. citizenship, 1939; Wlassak, ZSS 28 (1907) 114.

Latini coloniarii. Citizens of Latin colonies founded by the Romans with the privileges of ius Latii. See latini. After the constitution of Caracalla on Ro­man citizenship, the status of Latini coloniarii ceased tO exist. See LATINI.

Kornemann, RE 4, 514; Steinwenter, RE 10, 1267; Le­crivain, DS 3, 978; Bernardi, Studia Ghisleriana 1 (1948) 237.

Latini Iuniani. Slaves manumitted in violation of the provisions of the LEX AELIA SENTIA and the LEX iunia norbana concerning manumissions or in a form which was not recognized by the ius civile (see manumissiones praetoriae) became free but did not acquire Roman citizenship, only Latin status without political rights (Latini Iuniani). They had ius commercii and could acquire property by trans­actions or take it under a last will as heirs or legatees, but they had no right to make a testament, their property going to the patron after their ddath. There­fore their situation was characterized by the saying: “they live as free men, but they die as slaves.” They had no ius conubii with Romans. The status of Latini Iuniani was abolished by Justinian.—See lati­nitas, iteratio in manumissions, senatusconsul- TUM LARGIANUM, CAUSAE PROBATIO, SENATUSCON- SULTUM PEGASIANUM.

Steinwenter, RE 12; Kiibler, RE 18, 799; Vitucci, DE 4, 446.

Latini prisci (veteres). See latini.

Latinitas. A term used by Justinian with regard to the status of Latini Iuniani which was abolished by him. Therefore he speaks of it as antiqua Latinitas. Syn. Latina libertas.—See ius latii, latini iuniani. Latinum nomen. All peoples (populi) of Latin origin (from ancient Latium). Socii nominis Latini = Latin nations joined in alliance with Rome.

Latio legis. Making, enacting a law.

Latitare. To hide in order to escape a trial. Latitans is one who cannot be found and summoned to court.

G. Solazzi, Cone or so dei creditori 1 (1937) 58.

Latium. Often syn. with ius Latii. Under the Princi- pate there is a distinction between Latium mains and Latium minus. The former referred to the rights granted to colonies founded as coloniae Latinae out­side Italy, combined with the concession of Roman citizenship to a larger group of individuals than Latium minus, in which only the municipal magis­trates and members of the municipal council (de­curiones) were rewarded with Roman citizenship.

Lecrivain, DS 3, 979; Vitucci, DE 4, 442; Mommsen, Juristische Schriften 3 (1907) 32.

Latro (latrunculus). A robber, bandit, highwayman. A person kidnapped by a latro remains free and does not become his slave. His legal situation re­mains unchanged, and the so-called ius postliminii which applies to Roman citizens who became prisoners of war, does not apply to him. In the earlier law a latro was treated like a thief unless his crime was combined with a graver one (murder or use of vio­lence, vis). Later, robbery (latrocinium) committed by a group of armed bandits became a special crime involving the death penalty by hanging (see furca). —See GRASSATOR.

De Ruggiero and Barbieri, DE 4; Düll and Mickwitz, RE Suppl. 7 (s.v. Strassen^aub).

Latrocinari. To commit a latrocinium.

Latrocinium. Highway robbery.

Pfaff, RE 12; Düll, RE Suppl. 7, 1239; Humbert and Lecrivain, DS 3.

Latrunculator. A military (police?) official charged with the running down of highwaymen (latrones, grassatores). The latrunculatores were stationed at posts (stationes) throughout the country.—See sta­tionarii.

Latrunculus. See latro.

Latus. (With reference to relationship.) Cognatio ex latere = collateral relationship. Syn. ex transverso gradu, ex transversa linea; ant. ascendentes, descen­dentes.

Latus. (With reference to contracts and trials.) The party to a contract or to a trial.

Latus. (Adj.) Broad, wide. Adv. late, latius, latis­sime. The terms refer frequently to the meaning of words and their interpretation (“in a broader sense”). See CULPA LATA, LATA FUGA.

Laudabilitas. An honorific title of a high official in the later Empire (“excellency”).

De Ruggiero and Barbieri, DE 4 (s.v. laudabilis) ; P. Koch, Byzantinische Beamtentitel, 1903, 117.

Laudare auctorem (laudatio auctoris). The buyer of a thing who was sued by a third person claiming the right of ownership in it, had to name the seller (laudare auctorem, syn. later nominare auctorem) as his predecessor in ownership. The latter was obliged to assist the buyer (liti subsistere) in the defense of his right against the claimant. A similar laudare took place when a non-owner of a thing (a depositee, a usufructuary) was sued by a third person for recov­ery of the thing. Here the defendant named the per­son in whose name he held the thing. It was the latter’s task to defend his property.

R. Thiele. Die laudatio a. im r. R., 1900; Μ. Kaser, Eigen­tum und Besitz, 1943, 61.

Laudatio funebris. A funeral oration. Such orations, when delivered on behalf of a deceased official, were pronounced publicly (pro contione) by a magistrate authorized for the purpose (laudatio public a), whereas on behalfxpf a private person a laudatio was delivered by a family member.

Vollmer, RE 12, 992; Cuq, DS 2, 1399; De Ruggiero and Barbieri, DE 4; E. Galletier, Poesie funeraire romaine, 1922; Crawford, CU 37 (1941) 17; Durry, Revue de philologie 16 (1942) 105.

Laudatio. (In a criminal trial.) See laudatores. Laudatio Murdiae. A funeral oration (or perhaps only a dedicatory inscription on a tomb?) of the first post-Christian century, preserved on a tombstone. It contains an important section concerned with the testament of the deceased woman, Murdia.

Recent edition: Arangio-Ruiz, FIR 3 (1943) 218 (Bibl.) ; Weiss, RE 12; Fluss, RE 16, 659; De Ruggiero and Barbieri, DE 4, 474.

Laudatio Turiae. An extensive inscription half pre­served with a laudatio funebris dedicated by a hus­band to his wife. The inscription contains precious details about marriage, divorce, and the administra­tion of the spouses’ property. The inscription was written between 8 and 2 b.c.

Recent edition: Arangio-Ruiz, FIR 3 (1943) 209 (Bibl.); Weiss, RE 12; Arangio-Ruiz, ANap 60 (1941) 17; De Ruggiero and Barbieri, DE 4, 474; Van Oven, RIDA 3 (1949) 373; Lemosse, RHD 28 (1950) 251; Gordon, Amer. J. of Archaeology 54 (1950) 223; M. Durry, Eloge funebre d’une matrone rom., 1950; Van Oven, TR 18 (1950) 80.

Laudatores. Witnesses in a criminal trial who testi­fied about the blameless life (laudatio) of the accused.

Weiss, RE 12; Kaser, RE 5A, 1047; Messina, Rivista penale 73 (1911) 292.

Lectio. (E.g., constitution's.) The text (of an im­perial constitution). Lectiones iuris — legal texts. Lectio Papiniani (in Justinian) = a text taken from Papinian’s writings.

Lectio senatus. Selection of the members of the senate.

A Lex Ovinia (318-312 b.c.) vested the censors (see censores) with the discretionary power of the selec­tion of new members. Their first duty when they assumed the office was to establish a list of the sena­tors. They started with the scrutiny of the list of the actual members (high magistrates and ex-magis­trates) and excluded senators (senatu movere) they judged guilty of bad conduct. Then they filled any vacancies by appointing new senators chosen from among the prominent citizens (optimi) of the people. See SENATUS.

O’Brien-Moore, RE Suppl. 6, 686.

Legare. (In classical law.) To bequeath a legacy in the form of legatum. In the language of the Twelve Tables the term embraced all kinds of testamentary dispositions, the institution of an heir (see heredis institutio) included.—See legatum.

Legatarius. A legatee, one to whom a legacy in the form of legatum is left

Legatarius partiarius. A legatee who through a leg­acy (legatum) receives a fraction of the estate (not single things or a sum of money).—See partitio LEGATA.

Legati. Ambassadors, both Roman legati sent abroad and those of foreign states in Rome. Foreign am­bassadors in Rome were inviolable (sancti, D. 50.7.18) ; they remained so even after declaration of war against the country they represented. The Romans granted this privilege to other countries and claimed it also for their ambassadors. The mainte­nance of international relations lay with the senate; it received foreign ambassadors and sent official mis­sions abroad. Under the Empire, however, the em­peror assumed these tasks. Roman ambassadors were sent to perform special missions such as the declara­tion of war (see fetiales), the conclusion of peace or of particular treaties, the settlement of a contro­versy between Rome and another state.—D. 50.7; C. 10.65.

V. Premerstein, RE 12; Cagnat, DS 3; De Dominicis, NDI 7; Jacopi, DE 4; O’Brien-Moore, RE Suppl. 6, 730; R. O. Jolliffe, Phases of corruption in R. administration, Diss. Chicago, 1919, 77; Krug, Die Senatsboten der rom. Republik, Diss. Breslau, 1916.

Legati. Members of provincial councils; see concilia provinciarum.

Cagnat, DS 3, 1035.

Legati ad census accipiendos. Special delegates (of senatorial rank) sent by the emperor or the senate to senatorial provinces to conduct a census of the population.

Kubitschek, RE 3, 1919; v. Premerstein, RE 12, 1149; O. Hirschfeld, Kaiserliche Verwaltungsbeamte² (1905) 56.

Legati Augusti (Caesaris). Imperial ambassadors sent on a special mission. For Legati Augusti pro praetore, see legati pro praetore.

V. Premerstein, RE 12, 1144; Solazzi, AG 100 (1928) 3. Legati coloniarum. See legati municipiorum. Legati decem. Ten delegates of the senate acting as a council for a commanding general in the concluding of a peace treaty or in the organizing of a conquered territory.

V. Premerstein, RE 12, 1141.

Legati iuridici. (In provinces.) Officials sent by the emperor to provinces to assist the governors in their judicial activity. Their competence was primarily in the field of iurisdictio voluntaria (as the appointment of guardians), but they might be delegated by the governor to examine and judge specific cases as his delegates.—See iuridici.

V. Premerstein, RE 12, 1149; Jullian, DS 3, 715.

Legati legionum. Legates of senatorial rank as­signed regularly or only in war time to the legati Augusti pro praetore who were commanders of le­gions in the provinces, in order to assist them in military, administrative and judicial activity.

Liebenam, RE 6, 1641; v. Premerstein, RE 12, 1142, 1147.

Legati municipiorum (coloniarum). Delegations sent to Rome by provincial municipalities or colonies in order to present complaints against (or praise for) the provincial governor or against a magistrate of the colony. Such missions came to Rome also to express some particular wishes or to declare their loyalty to Rome or the emperor, on the occasion of a happy event. Generally they were composed of three persons.

Cagnat, DS 3, 1036.

Legati proconsulis. The provincial governor of a senatorial province, who had the rank of a proconsul, had a deputy, legatus proconsulis. The latter had jurisdiction only as far as it was delegated to him by the governor (iurisdictio mandata). His official title was legatus pro praetore and his imperium was of a degree lower (pro praetore) than that of the governor (pro consule). He replaced the governor in the case of absence or death. These legates are to be distinguished from the legati Augusti pro praetore in imperial provinces. All legati pro praetore had the right to be preceded by five lictors with fasces, hence they were named quinquefascales.—D. 1.16; C. 1.35.—See provincia, iurisdictio mandata and the following item.

V. Premerstein, RE 12, 1143; Lauria, AnMac 3 (1928) 92.

Legati pro praetore. See the foregoing item. Legati Augusti (Caesaris) pro praetore = governors of im­perial provinces appointed by the emperor for an indefinite period. They were representatives of the emperor who himself had the proconsular imperium and therefore their imperium was only pro praetore. —Legati Augusti pro praetore could be sent by the emperor to senatorial provinces but only for a special task.

V. Premerstein, RE 12, 1144; Bersanetti, DE 4, 527; So­lazzi, AG 100 (1928) 3.

Legatio. The office of an ambassador, a group of dele­gates entrusted with a mission. The head of the group — princeps legationis.—D. 50.7; C. 10.65.— See LEGATI, IUS LEGATIONIS, CONCILIA PROVINCIARUM.

Legatio gratuita. See legativum.

Legatio libera. An ambassadorship granted by the senate to a senator to facilitate his travel abroad in personal matters. He did not assume any official duties.

A. v. Premerstein, RE 14, 1185; Jacopi, DE 4, 508.

Legativum. The expenses of an ambassador, primarily for traveling (viaticum). They were reimbursed unless the ambassador assumed the mission at his own expenses (legatio gratuita).

Legatum. A legacy. It is “a deduction from the inheritance” (D. 30.116 pr.) which according to the testator’s wish is given some person other than the heir. The legatee (legatarius) is legatarius partiarius when a fraction of the inheritance is left to him (see partitio legata). Generally a legacy consisted of a sum of money or one or more objects individually designated (res singulae). A legacy in the form of legatum could be bequeathed only in a testament, and after the institution of an heir (heredis institutio) because it was the heir who was charged with the payment of the legacy, and all dispositions preceding the institution of an heir were void. A legacy termed “after the death of the heir” was null. For further details see the following items; for the form of a legacy called fideicommissum, see fideicommissum. D. 30. 31, 32; 37.5; Inst. 2.20; C. 6.37; 6.43.—See ACTIO EX TESTAMENTO, CAUTIO LEGATORUM NOMINE, ADEMPTIO LEGATI, TRANSLATIO LEGATI, COLLEGATARII, CONCURSU PARTES FIUNT, ANNUUM, ANNUA BIMA DIE, DIES CEDENS.

Weiss, RE 12, Humbert and Cuq, DS 3; De Crescenzio, NDI 7; F. Messina-Vitrano, L'elemento della liberalità e la natura del legato, 1914; U. Coli, Lo sviluppo della varie forme di legato, 1920; Gioffredi, DE 4; Donatuti, BIDR 34 (1925) 185; P. Voci, Teoria dell'acquisto del legato, 1936; C. A. Maschi, Studi sull'interpretazione dei legati. Verba e voluntas, 1938; B. Biondi, Successione testamen­taria, 1943, 267; M. Kaser, Das altrorn. lus, 1949, 147; v. Bolla, ZSS 68 (1951) 502.

Legatum alimentorum. See alimenta legata.

Legatum annuum. A legacy under which the legatee had to receive every year a certain sum or a quantity of things during a period of time or for life. The legatee must have the capacity of acquisition at each term when the payment is due.—D. 33.1.—See ANNUA BIMA DIE.

Legatum debiti. A legacy by which a testator be­queathed his debt to the creditor. Such a legacy was valid only if it contained an advantage for the creditor, by, for instance, rendering unconditional a debt that orginally was under a suspensive condition, or setting better terms of payment.

B. Biondi, Successione testamentaria, 1943, 450.

Legatum dotis. A legacy concerning the dowry. A husband might bequeath the dowry to his wife ; if so, after his death the dowry was restored immediately to the wife. A pater familias who held the dowry given to his married son might leave it to his son. —D. 33.4.

B. Biondi, Successione testamentaria, 1943, 453.

Legatum generis. A legacy of fungibles (see genus) and not of some individually designated thing (spe­cies). The legacy of a slave, without any further indication, was such a legacy. Normally the testator set in his testament who had to make the choice from among the things of the same kind (slaves, horses) belonging to the estate: the heir, the legatee or a third person. The jurists did not agree about the solution in the case the testator did not entitle any person to make the selection. Apparently the rules varied according to the form in which such a legacy (legatum) was left. The Justinian law favored the choice by the legatee.

B. Biondi, Successione testamentaria, 1943, 436.

Legatum instrument!. A legacy of a house or land with all necessary appurtenances. See instrumen­tum, instructum. It was held generally that there were two legacies, one of the house (land) and an­other of the appurtenances. Hence if the testator sold the house without the instrumentum, the legacy of the latter remained valid. There is in the Digest an abundant discussion about the extension of the term instrumentum in connection with legacies. The pertinent problems concern the interpretation of the term from the point of view of the social and eco­nomic connection of the accessories (even persons, slaves, professional craftsmen) with the principal thing. A legatum of a fundus instructus was the broadest type since it embraced all that served the owner’s use (also food, provisions, furniture, and the like).—D. 33.7.

Legatum liberationis. A legacy by which a testator released a legatee who was his debtor, from the debt. —D. 34.3.'

De Villa, La liberatio legata nel dir. classico e giustinianeo, 1939; B. Biondi, Successione testamentaria, 1943, 457.

Legatum nominis. A legacy by which the testator bequeathed a debt due to him by a third person to the legatee.

B. Biondi, Successione testamentaria, 1943, 448; Arias Bonet, Rev. general legislacion y jurisprudencia 187 (1950) 60.

Legatum optionis. A legacy naming several things among which, however, the legatee may select only one (optare). The choice was (until Justinian) a strictly personal right; accordingly, if the legatee died before making his selection, the legacy became void. Various innovations were introduced by Justinian. Syn. optio (electio) legata.—D. 33.5.—See exhibere, IUS VARIANDI, ELECTIO.

Ciapessoni, ACSR 1931, 3, 24; De Villa, StSas 11 (1934); Albertario, St 5 (1937) 345; B. Biondi, Successione testa­mentaria, 1943, 440; P. Bolomey, Le legs d'option, Lau­sanne, 1945.

Legatum partitionis. See partitio legata, lega­TARIUS PARTIARIUS.

Legatum peculii. A legacy of a slave’s peculium, to­gether with the slave or without him. The legacy was void if the slave was manumitted or sold by the testator or if he died before the legacy was available to the legatee. When the peculium alone was be­queathed, it was understood deducto aere alieno, i.e., with the deduction of what the slave owed to his fellow slaves, to his master, or to the latter’s children. —D. 33.8.—See peculium.

B. Biondi, Successione testamentaria, 1943, 447.

Legatum penoris. A legacy of food provisions, of “what can be eaten or drunk” (D. 33.9.3 pr.). Such a legacy could involve the duty of furnishing the lega­tee a certain quantity of provisions continually through a longer period of time (every month or year). The interpretation of the term penus and related expres­sions is extensively discussed by the jurists.—D. 33.9. —See LEGATUM ANNUUMj ALIMENTA LEGATA.

Clerici, AG 73 (1904) 128; Guarneri-Citati, AnPal 11 (1923) 259; B. Biondi, Successions testamentaria, 1943, 463.

Legatum per damnationem. A legacy expressed by the testator with the words: “my heir shall be obliged to give (damnas esto dare)....” Later other words were admitted (e.g., dare iubeo = I order my heir to give). This form of a legatum obligated the heir to fulfill the testator’s wish. In the case of denial, the heir was condemned to double damages. See SENATUSCONSULTUM NERONIANUM, SOLUTIO PER AES ET LIBRAM.

Kiibler, RE 18, 801; Thomas, RHD 10 (1931) 211; J. Paoli, Lis infitiando crescit in duplum, 1933, 135; Voci, SDH I 1 (1935) 48; Koschaker, Conf Cast 1940, 97; M. Kaser, Das altrom. lus, 1949, 123; 154.

Legatum per praeceptionem. A legacy expressed in the following form: “X shall take a thing before­hand.” The nature of this kind of legatum was con­troversial among the jurists. The problem was whether it could be applied only in the case of an heir to whom the testator wanted to leave a specific thing over and above his share in the inheritance or whether it could be left to anyone with the effect of a legatum per vindicationem. The second view prevailed.

Legatum per vindicationem. A legacy left with the words: “I leave, I bequeath (do lego) to X” or (later) “let X take (sumito, capito).” A legatee thus rewarded could claim the thing with rei vindicatio as its owner. This type of a legatum also raised some doubts among the jurists, in particular as to the moment when the legatee acquired ownership over the thing bequeathed.—See usucapio pro legato.

Wlassak, ZSS 31 (1941) 196; S. Romano, Sull’acquisto del l.p.v., 1934; P. Voci, Teoria dell’acquisto del legato, 1936; Amirante, lura 3 (1952) 249.

Legatum poenae nomine relictum. A legacy left with the purpose of compelling the heir to do or not to do something by charging him with a legacy to be given to a third person in the case of non-fulfillment. For­mally it was a legacy under condition. In classical law such a legacy was void; Justinian made it ad­missible, but it was null if the thing to be done by the legatee was immoral, illicit or impossible.— D. 34.6; C. 6.41.

Marchi, BI DR 21 (1909) 7.

Legatum rei alienae. A legacy of a thing not belong­ing to the testator. If the testator knowingly be­queathed such a thing, the legacy was valid: the heir was obliged to acquire the thing from the third person and deliver it to the legatee. Decisions of the jurists were divergent if the third person did not want to sell the thing or demanded an exorbitant price. The opinion prevailed that the heir had to pay only the value of the thing to the legatee.

B. Biondi, Successions testamentaria, 1943, 421; Orestano, AnCam 10 (1936).

Legatum rei obligatae. A legacy by which the tes­tator bequeathed the legatee a thing belonging to the latter which he (the testator) or the heir held under a specific right (as a pledge, or in usufruct).

Legatum servitutis. See servitus.—D. 33.3.

Legatum sinendi modo. A legacy left with the fol­lowing formula: “my heir shall be obliged to allow (sinere) that X take (e.g.) the slave Stichus and have him for himself.” Such a legacy could involve even things which belonged to the heir at the time of the testator’s death. The heir was obliged to ful­fill the testator’s order; in the case of refusal an actio (incerti) ex testamento lay against him.

Ferrini, Opere 4, 217 (ex 1900) ; N. O. D. Bammate, Origine et nature du legs sinendi modo, Lausanne, 1947; Cugia, Scr Ferrini 2 (Univ. Catt. Milano, 1947) 71; Kaser, ZSS 67 (1950) 320.

Legatum sub modo. A legacy combined with a re­quest that the legatee perform a certain act.—D. 35.1; C. 6.45.—See modus.

Legatum supellectilis. A legacy of household goods (furniture, utensils). Gold and silver goods are ex­cluded, preserved, but it concerns only actiones in rem (vindicationes). If the object was a movable, it had to be carried or led into court; if bigger things, land or a building, were involved, a small piece thereof was brought before the praetor. In controversies over a flock one animal sufficed or even a bunch of hair. Both the claimant and the defendant performed symbolic gestures over the thing, pro­nounced prescribed formulae asserting their right of ownership under Quiritary law (ex iure Quiritium), and challenged one another by the sacramentum. The judge’s final decision concerned the question “whose sacramentum was iustum and whose iniustum” by which the litigation was settled.—See iniustum SACRAMENTUM, LEX PINARIA, TRESVIRI CAPITALES, CENTUMVIRI, PRAEDES SACRAMENTI.

Klingmiiller, RE 1 A, 1668 ; Cuq, DS 4, 952 ; Berger, OCD (s.v. sacramentum); v. Mayr, Mèi Girard 2 (1912) 177; E. Weiss, Studien zu den rom. Rechtsquellen, 1914, 9; idem, Fschr 0. Peterka, 1927, 67; Nap, TR 2 (1921) 290; Juncker, Geddchtnisschr. fur Seek el, 1927, 242; H. Lévy- Bruhl, Quelques problèmes du très ancien dr. rom., 1934, 174; F. De Martino, La giurisdizione, 1937, 44; Kaser, Fschr Wenger 1 (1944) 108; idem, Das altrbm. lus, 1949, passim; Meylan, Mèi F. Guisan, Lausanne, 1950; Lévy- Bruhl, RIDA 6 (1951) 83.

Legislator. Justinian frequently refers to the classical jurists as legislators (also le gum latore s').

Legis vicem obtinere. To have the same legal force as a statute, to take place of a statute. A neat dis­tinction is made between₍ a statute (lex) and an enactment equal in force to a statute (quod legis vicem obtinet).

Legitimatio. (Term unknown in Roman juristic lan­guage.) The changing of the status of an illegitimate child into that of a legitimate one.

Blume, Tulane L R 5 (1931) ; A. Weitnauer, Die L. des ausserehelichen Kindes; Basel, 1940.

Legitimatio per oblationem curiae. An illegitimate son was considered legitimate if his father gave him sufficient means to be a member of a municipal council (decurio). Likewise an illegitimate daughter was treated as legitimate if the father gave her a sufficient dowry to enable her to marry a decurio. The purpose of these provisions, introduced in the later Empire, was to find candidates for the decurionate with which considerable public charges were connected. The term oblatio curiae is also not Roman.—See curiales, ORDO DECURIONUM.

Legitimatio per rescriptum principis. A privilege granted by the emperor in the form of a rescript to the effect that a child born in concubinage was to be considered legitimate as if it were born in a valid marriage (iustae nuptiae). The institution is a creation of Justinian. The privilege was granted at the request of the father if the mother was already dead or not worthy to be married.

De Sarlo, SDHI 3 (1937) 348; H. Janeau, De Vadrogation des liberi naturales, 1947.

Legitimatio per subsequens matrimonium. Accord­ing to an innovation introduced by Constantine, an illegitimate child born in concubinage became legiti­mate through a subsequent marriage of the parents. The pertinent requirements were: the status of the mother as free-born, the consent of the child and the absence of legitimate children. The last restriction was dropped by Justinian.

White, LQR 36 (1920).

Legitime, legitimo modo. In a way prescribed by the law, in the solemn form prescribed by the ius civile.

Riccobono, ZSS 34 (1913) 224.

Legitimus. Lawful, legal, based on, or in accord with, the law, in particular with a statute (lex) or gen­erally, with the ius civile. In a few connections legitimus directly refers to the Twelve Tables, as hereditas legitima, tutela legitima. In Justinian’s language legitimus appears frequently in interpolated texts where it replaced another classical term; thus, e.g., tempus legitimum is used by the compilers to replace the terms which were fixed in earlier law and were changed by later imperial legislation. For similar reasons in the expression usurae legitimae the adjective is interpolated for the fixed rate of interest as established in Republican and later legislation.— See AETAS LEGITIMA, ACTUS LEGITIMI, IUDICIUM LEGITIMUM, PARS (PORTIO) LEGITIMA, FILIUS LEGITI­MUS, HEREDITAS LEGITIMA, TUTELA LEGITIMA, USU­RAE LEGITIMAE, SUCCESSORES LEGITIMI, SCIENTIA LEGITIMA, PERSONA LEGITIMA.

Heumann-Seckel, Handlexikon, 9th ed. 1914, 309; for interpolations see Guarneri-Citati, Indice* (1927) 52 (Bibl.).

Lena (leno). A person who exercises the profession of a pander (lenocinium), an owner of an ill-famed house. Juridically a lena (= procuress) who takes profit from other women’s prostitution is treated as a meretrix. Leno is also used of the husband of a lena who profits by her profession or of the husband who profits by his wife’s adultery, without taking steps for divorce. A man who married a woman condemned for adultery is considered a leno. Persons guilty of lenocinium were branded with infamy and severely punished.—C. 11.41.—See adulterium, MERETRIX, BALNEATOR.

Kleinfeller, RE 12; Humbert and Lecrivain, DS 3; Ac- came, DE 4, 636; C. Castello, In tema di matrimonio, 1940, 117; Solazzi, SDHI 9 (1941) 193.

Lenocinium. See lena.

Leonina societas. See societas leonina.

Leontius. There were two Byzantine jurists by this name; one, a prominent law teacher in Beirut, son of Eudoxius and father of Anatolius, both renowned jurists; the other was the son of the famous Byzan­tine jurist, Patricius. The second Leontius was a member of the commission which compiled the first edition of Justinian’s Code (see codex iustinianus). The two Leontii were often confused.

Berger, RE Suppl. 7, 373; 375; idem, One or two Leontii?, Bvs 17 (1944-1945), 1 ( = BIDR 55-56, Suppl. Post- Bellum, 1951, 259).

Levare. To levy, to collect and exact taxes.

Levis. Light, mild. Frequently used in connection with crimes and punishments (crimen, delictum, poena, castigatio, coercitio) indicating the minor gravity. Analogous is the use of the adverbs levius, Ieviter, in particular when a milder punishment is recommended.

Levis culpa. See culpa lata.

Lex (leges). The primary meaning of lex is that of a statute, law, passed in the way legally prescribed by the competent legislative organs. According to an early definition lex is “a general order of the people (populus) or of the plebeians (plebs) passed upon the proposal of a magistrate” (Capito in Gell. Noct. Att. 10.20.2; Gaius Inst. 1.3). The definition embraces legislative acts of the popular assemblies (comitia) as well as those of the plebeian gatherings (concilia plebis) for the enactments of which a spe­cial term is coined, plebiscita. The distinction is still maintained by the jurist Gaius who (1.3) limits the term lex to “what the people order and decree,” reserving plebiscitum to “what the plebs orders and decrees.” These enactments by the whole people or by a part of it are covered by the term leges puhlicae. According to the Roman conception “the strength of a statute is commanding, forbidding, permitting, pun­ishing” (D. 1.3.7). Statutes are designated by the gentile name of the proposer (either of the consuls, a praetor, a tribune of the plebs) or proposers (both consuls), which sometimes gives rise to doubts as in the case of such common names of gentes as Cornelia, Julia, Sempronia. A characteristic feature of the leges publicae is that they never cover a broad legal field. Thus there never was a law concerning the Roman constitution as a whole, or the private law or any division thereof, such as obligations, succes­sion, etc. The leges publicae dealt with one single topic within any area of legal life. As the items immediately following and the subsequent selection of more interesting laws show, the statutory enact­ments were concerned with popular assemblies and voting, magistracies in Rome and the provinces, the senate and senatorial privileges, the priests and their duties, international relations, Roman citizenship, the provinces, municipalities and colonies, agrarian prob­lems, food supply, luxury, associations, and select questions of private law like guardianship, slaves, succession, interest, civil procedure, and penal law and procedure, etc. With the progress in the devel­opment of the law, lex is also referred to laws emanat­ing from other sources that have binding force for all, such as the edicts of the praetors, and decrees of the senate, although in discussions on the sources of law the leges sensu stricto, mentioned before, are dis­tinguished from the others. With regard to imperial constitutions of which the jurist named above speaks of them as “standing in the place of a lex” (legis vicem optinent, Gaius 1.5), later classical jurists and imperial enactments call them leges directly. In the later Empire a new distinction arises. The imperial laws are opposed, as leges to iura ( — the laws origi­nating from other sources). But the term leges often refers to the law as a whole without respect to its sources. The study of law or the knowledge of law is expressed by legum scientia, legum eruditio, and of the jurists of the classical period Justinian speaks as legum auctores, prudentes, and the like. Even religious norms appear as lex, as lex Judaica, lex Catholica. The intrinsic idea of a lex as a binding rule for the whole people or the people of a smaller territory (lex municipalis) appears in the implica­tion of lex as a legal provision created within the sphere of private relations between individuals. Their will, expressed either in a unilateral act or in bilateral agreements (contracts), gives rise to legal ties be­tween the parties involved. With reference to trans­actions, as, e.g., lex venditionis, locationis, donationis, etc., lex is a particular clause of the transaction in question, a condition imposed upon the party who is interested in, or receives profit from, the trans­action. The meaning of a condition appears clearly in phrases with ea lege ut, as, for instance, when somebody donates a slave on the condition ea lege ut manumittatur, i.e., that the slave be manumitted. In the following presentation types of statutes or groups of laws referring to the same subject matter are noted under “leges,” while specific statutes appear under “lex.”—D. 1.3; C. 1.14.—See auctoritas senatus, ROGATIO, SANCTIO, DEROGATIO, OBROGATIO. RENUN- TIATIO LEGIS, R0GAT0RES, LEGITIM US, FRAUS LEG I FACTA, MENS LEGIS, RATIO LEGIS, VOLUNTAS LEGIS.

Weiss, RE 12; Cuq, DS 3; G. Longo, NDI 7; Treves. OCD; Hesky, Wiener Studien 1902, 541; Rotondi, Ixges publicae populi romani (Enciclopcdia giuridica italiana 1912) ; Peterlongo, Lex nel dir. rom. classico e nclla legislazione giustinianea, St in memoria di R. Michels, Padova, 1937; Arangio-Ruiz, La regie de droit et la loi dans I’antiquite classique, L’Lgypte contemporaine, 1938 (= Rariora, 1946, 231); F. v. Schwind, Zur Eragc der Publikation (1940) 21, 145; Cosentini, Carattere della legislazione comiziale, AG 131 (1944) 130. For statutes of lesser importance omitted in the following list see Lex, RE 12 (Weiss, Berger) and Suppl. 7 (Berger) ; Cuq, DS 3; Rotondi, Leges publicae (see above) and additions in Scritti 1 (1922) 411.

Leges agrariae. Statutes concerned with the distri­bution of public land (ager publtcus) which from the earliest times was considered state property. Through gratuitous assignment (adsignatio) plots of land were given to individuals or groups of citizens. The Roman agrarian legislation is as old as Roman history, since the earliest assignment of land to the people is referred to the founder of Rome, Romulus. More than forty agrarian laws of the time of the Republic are known, some of them with the name of their proposers, some simply as lex (agraria). A group of leges agrariae is connected with the founda­tion of new settlements (coloniae). Political con­siderations exercised a great influence on the agrarian legislation, radical agrarian reforms were often intro­duced at the expenses of the actual possessors who were deprived of their land, held through generations by inheritance, on behalf of poor citizens to whom it was assigned. Important agrarian legislation falls in the period of the tribunes Tiberius Sempronius Grac­chus (133 b.c.) and Gauis Sempronius Gracchus (123-122 b.c.). Until 44 b.c. some twenty agrarian laws were passed, whereas only two laws are known from the first century after Christ, the Lex Cocceia (under the emperor Nerva, 96-98) being the last. In Justinian’s Digest two citations of a lex agraria appear, both in connection with the removal of boun­dary stones (termini motio). The notices on the earliest agrarian legislation are often not reliable. In an inscription a lex agraria of 111 b.c. is pre­served.

Vancura, RE 12; De Ruggiero, DE 1, 733; Humbert, DS 1 (agrariae I.) ; Pasquali, ND! 1 (agrariae I.) ; A. Ste­phenson, Public lands and agrarian laws of the R. Republic (Baltimore, 1891) ; G. Rotondi, Leges publicae populi ro­mani, 1912, 94 (Bibl.) ; Corradi, St. ital. di filol. clas., 1927; Terruzzi, AG 97 (1927); J. Carcopino, Autour des Gracques 1928; Cardinali, Hist 7 (1933) 517; Balogh, ACRPcr 2 (1951) 335.

Leges caducariae. Statutes which introduced inca­pacity of certain persons to take under a will and so-called caduca (inheritance becoming vacant be­cause of the incapacity of the instituted heir). The most important leges caducariae are lex julia et PAPIA POPPAEA, and LEX IUNIA NORBANA.—See CADUCA (Bibl.).

Besnier, RIDA 2 (1949) 93.

Leges censoriae. Conditions imposed by the censors in contracts concluded with tax-farmers (publicani) or collectors of other public dues as well as in sales or leases by auction through which state property was alienated or leased.—See leges contractus, lex VENDITIONIS.

Cuq, DS 3, 1117; Plachy, BIDR 47 (1940) 91.

Leges censui censendo. See census.

Leges collegiorum. Statutes of associations to which all members are subject. The Twelve Tables already granted the members of collegia (sodales) the right to set internal rules.

Kornemann, RE 4, 415; Cuq, DS 3, 1110; Waltzing, DE 2, 369.

Leges coloniarum, (de coloniis deducendis), munici­pales (municipiorum). Statutes concerning the con­stitutional organization of a colony (coloniae) or of a municipality in Italy or in a province.—See lex COLONIAE GENETIVAE IULIAE, LEX MUNICIPALIS TA­RENTINA, MUNICIPIUM.

Kornemann, RE 4, 577.

Leges comitiales. See leget rogatae.

Leges consulares. Statutes proposed by a consul.

Leges (lex) contractus. (In private law.) Applied to all transactions between private individuals with regard to particular provisions of a specific contract. According to a saying of the jurist Ulpian (D. 16.3.1.6) “contracts receive a law (legem) by agree­ment (ex conventione) ” which means that what is agreed upon by the parties to the contract becomes law between them. In this meaning lex is applied to various types of transactions (mancipatio, venditio, locatio, depositum, donatio). In public administra­tion leges contractus is used of contractual provisions set by the magistrates in transactions concluded with private persons in the interest of the state, such as leases (leges locationis), sales (leges venditionis), and the like. Since such transactions were primarily in the competence of the censors, literary sources often speak of a lex censoria (see leges censoriae) with regard to rules imposed by the censors in such agree­ments. The term lex dicta also occurs on such occasions.

Weiss, RE 12, 2317; Cuq, DS 3, 1113.1116; V. A. Geor­gescu, Essai sur Vexpression lex contr., Revista clasica 8 (Bucharest, 1936) ; idem, Essai d’une theorie generate des leges privatae, 1932; Buckland, RHD 17 (1938) 666.

Leges datae. Laws issued by higher.magistrates under the Republic, later by the emperor, for communities on the occasion of their incorporation into the state. They are not voted in popular assemblies, unlike the leges rogatae.—See lex municipalis tareNtina.

Weiss, RE 12, 2317; Cuq, DS 3, 1119; De Villa, NDI 7; McFayden, L.d. as a source of imperial authority, Wash­ington Univ. Studies, 1930.

Leges datae. (In the provinces.) Charters given to provincial cities making them free (civitates li­beral). They were revocable by the authority which granted them or by the legislative bodies in Rome.

Leges de censoria potestate. Laws passed by the comitia centuriata every five years investing the cen­sors with their magisterial power.—See censores.

Leges de imperio. Under the Republic the investment of higher magistrates with the magisterial imperium was achieved by a statute passed in the curial as­sembly (lex curiata). Under the Principate the sovereign power is transferred to the emperor (prin­ceps) by a similar act, lex de imperio, with the ap­propriate constitutional modifications. This was prac­ticed at least during the first century. The statute conferring the sovereignty on Vespasian is preserved in a large part; see lex de imperio.—See also IMPERIUM.

Rosenberg, RE 9, 1206; Siber, ZSS 57 (1937) 234; Mes­sina-Vitrano, St Bonfante 3 (1930) 253.

Leges decemvirales. See lex duodecim tabularum. Leges dictae. (From legem die ere.) A conception common to both private and public law. With ref­erence to private persons they comprise dispositions settled in a last will or a contract by which a certain legal situation or character is imposed on a thing by its owner. One also speaks in such cases of lex suae rei dicta. Leges dictae is used also with regard to clauses settled in a contract concluded by the cen­sors on behalf of the state; see leges censoriae, leges contractus. Finally, leges dictae are the rules imposed by the emperor in the administration of his private property.

Leges divinae (humanae). See ius divinum—hu­manum.

Leges edictales. Laws emanating from imperial edicts. —See EDICTA PRINCIPUM.

Leges frumentariae. Laws concerned with the dis­tribution of grain.—See FRUMENTUM, FRUMENTATIO, LEX SEMPRONIA FRUMENTARIA, LEX CLODIA FRUMEN­TARIA.

Rostowzew, RE 7, 172; Cardinali, DE 3, 229; Humbert, DS 2 (s.v. frum l.) ; Van Berchem, Les distributions de blc à la plèbe romaine sous 1* Empire, Genève, 1939.

Leges geminae (geminatae). In the literature the excerpts from juristic writings or imperial consti­tutions which are preserved twice in Justinian’s codi­fication are so called. Despite Justinian’s order to avoid repetitions there is in the Digest a considerable amount of leges geminae derived from the works of the same author or different authors.

May, Mèi Gerard™, 1907, 399; F. Schulz, Einführung in das Studium der Digesten, 1916, 45.

Leges generales. In the later Empire imperial enact­ments of a general character.

Leges imperfectae. See leges perfectae.

Leges iudiciariae. Statutes concerned with the organi­zation of the courts and judicial procedure.—See LEX AURELIA.

Lécrivain, DS 3 (s.v. iudiciariae I.) ; Fraccaro, RendLomb 52 (1919) 335.

Leges latae. See leges rogatae.

Leges lucorum. Sylvan statutes. Some of them are preserved in inscriptions.

Arangio-Ruiz, FIR 3 (1943) 223.

Leges minus quam perfectae. See leges perfectae.

Leges municipales (municipiorum). See leges co­loniarum.

Leges perfectae. Statutes which forbid certain trans­actions with the sanction that acts performed in viola­tion are void. Ant. leges imperfectae — laws without any sanction at all. There is also a category of leges minus quam perfectae which threaten only the vio­lator with a penalty, but do not invalidate the act itself.—See SANCTIO.

F. Senn, Leges perfectae, etc., 1902; G. Baviera, Scritti giuridici 1 (1909) ; Gioffredi, Archivio penale 2 (1946) 177.

Leges publicae. Laws passed by the vote of the people in a popular assembly or by the plebs in a plebeian as­sembly. Syn. leges comitiales, leges rogatae.—See lex, leges rogatae.

Gioffredi, SDHI 13-14 (1948) 59.

Leges regiae. Laws attributed to the kings of Rome, Romulus, Numa Pompilius, and their successors. They are primarily-concerned with sacral law. Their existence is highly questionable, although according to tradition the so-called Ius Papirianum is supposed to have been a collection of the legis regiae.—See PAPIRIUS.

Steinwenter, RE 10, 1285; Bibl.; G. Rotondi, Leges publi­cae pop. Rom. 49 ; E. Pais, Ricerche sulla storia e sul dir. pubbl. di Roma 1 (1915) 243; Carcopino, Mèi. d’arché- ologie et d'hist. de fècole frane, de Rome 54 (1937) 344; Kaser, Das altromischc Ius (1949) 43; C. W. Westrup, Introduction to early R. law, 4, 1 (1950) 57; Coli, SDHI 17 (1951) 111.

Leges rogatae. Statutes which are passed by vote of one of the popular assemblies upon the proposal (rogatio legis) by a higher magistrate. Syn. leges co initiates. Ant. leges datae.

G. Rotondi, Scritti ì (1922) 1; Cosentini, AG 131 (1944) 130.

Leges Romanae barbarorum. Called in the litera­ture the codifications made for the use of the Roman population in the territory of the former Western Roman Empire after its decay.

Berger, RE 12, 1185.

Leges sacratae. Laws for the violation of which the offender is outlawed (sacer). The statutes on the inviolability of the plebeian tribunes fall in this cate­gory.-------- See LEX ICILIA, lex VALERIA HORATIA, SACRO­

SANCTUS, SACER.

Lengle, RE 6A, 2461; Cuq, DS 3, 1173; Niccolini, Hist 2 (1928) ; Groh, St Riccobono 2 (1935) 5; T. Altheim, Lex sacrata (Amsterdam, 1940).

Leges saeculares. The term occurs only in the title of the so-called liber syro-romanus.

Leges saturae (per saturam). Statutes dealing with heterogeneous subject matters. Such statutes were forbidden in the earlier law. The prohibition was renewed by the Lex Caecilia Didia of 88 b.c.

Leges sumptuariae. See sumptus.

E. Giraudias, Etudes hist, sur les lois sumptuaires, 1910.

Leges tabellariae. Statutes referring to voting in popular assemblies through tablets (tabellae).—See lex cassia, gabinia, maria, papiria.

Humbert and Lécrivain, DS 5, 5.

Leges tribuniciae. Statutes proposed by plebeian tribunes.

Weiss, RE 12, 2416; Cuq, DS 3, 1174.

Leges viariae. See viae.

Lex Acilia de intercalando. (Of 191 b.c. on inter­calary days.) See INTERCALARE.

Berger, RE Suppl. 7, 378; G. De Sanctis, Storia dei Ro­mani, 4, 1 (1923) 378.

Lex Acilia repetundarum. (123 b.c.) This is one of the best known statutes on repetundae because it is preserved in large part in an inscription which is generally considered to be the Lex Acilia.

Berger, RE 12, 2319 (Bibl.); Kleinfeller, RE 1A, 605; Riccobono, FIR I² (1941) 74; De Ruggiero, DE 1, 41; E. H. Warmington, Remains of ancient Latin 4�? (1940) 316; Fraccaro, Rend Lamb 52, 1919; Chroust and Murphy, Notre Name Lazvyer 24 (1948) 1; Sherwin-White, IRS 42 (1952) 47.

Lex Aebutia. (Of uncertain date, between 199 and 126 b.c. or even later.) Connected with the reform of the civil procedure. It abolished the legis ac­tion es—except for the centum viral court and in the case of damnum infectum—and introduced the for­mulary procedure. The reform was completed by two statutes of Augustus {leges luliae iudiciariae). The Aebutian reform served to generalize the formu­lary procedure which was doubtless known earlier and practiced in trials between foreigners.—See for­mula, CENTUMVIRL

Berger, RE Suppl. 7 (Bibl.); G. Longo, NDI 7, 829; Radin, TulLR 22 (1947) 141; Kaser, St Albcrtario (1952) 3.

Lex Aebutia. (On extraordinary magistracies, about 150 b.c.?) Anyone who proposed the institution of an extraordinary magistrate could not himself be elected to that office. A later lex Licinia of un­known date dealt with the same matter.

G. Rotondi, Leges publicae pop. Rom., 1912, 290.

Lex Aelia Sentia. (a.d. 4.) Completed the restric­tions on manumissions introduced by the lex fufia caninia. It prohibited any manumission to the detriment of the creditors of the slave’s master and fixed minimum age limits both for the manumissor (twenty years) and the slave (thirty years). Ex­ceptions were admitted when the reason for the manumission was particularly justified and was ap­proved by a special commission {consilium) ap­pointed for these matters. Slaves manumitted against the rules of the statute became latini iuniani, and in certain cases (previous conviction of a crime) they received the lowest degree of freedom, that of dedi- ticii.—D. 40.9,—See manumissio, dediticii ex lege AELIA SEN't'IA.

Leonhard, RE 12, 2321; Cuq, DS 3, 1127; Longo, NDI 7, 830; Schulz, ZSS 48 (1928) 263; A. Μ. Duff, Freedmen in the early Roman Empire (1928) ; Acta Divi Augusti 1 (1945) 205 (Bibl.); Weiss, BIDR 51/2 (1948) 316.

Lex Aemilia. (On censorship, 367 b.c.) Limited the duration of the censor’s activity to 18 months.

Kubitschek, RE 3, 1906; Humbert, DS 2, 992; G. Rotondi, Leges publicae pop. Rom. 1912, 211.

Lex Aemilia* sumptuaria. (Of 115 b.c.) One of the most drastic statutes against luxury. It did not deal with expenses for banquets, but fixed “the kind and limits of meals” {genus et modus ciborum).—See SUMPTUS.

Kübler, RE 4A, 905..

Lex agraria. (Of 111 b.c.) Perhaps identical with Lex Baebia agraria, was an agrarian law concerning the distribution of the ager publieus in Italy and Africa. It is especially important because, partly preserved in an inscription it contains valuable infor­mation about the nature and structure of agrarian laws.—See AGER PRIVATUS VECTIGALISQUE.

Vancura, RE 12, 1182; Riccobono, FIR l² (1941) 102; L. Zancan, Ager publieus, 1935; Bozza, La possessio dell’ager publieus, 1939, 33; E. H. Warmington, Remains of ancient Latin 4 (1940) 370; Kaser, ZSS 62 (1942) 6.

Lex Alearia. (204 b.c.?) Prohibited gambling with dice. The name of the proposer is unknown.—See ALEA.

G. Rotondi, Leges publ. pop. Rom. 1912, 261.

Lex Anastasiana (leges Anastasianae). Justinian uses the name lex Anastasiana for certain important constitutions of the emperor Anastasius (491-518). According to one of them the cessionary of a creditor could not demand from the debtor more than he himself paid to the creditor. See cessio. Another innovation of Anastasius was the emancipation of a person from paternal power by means of a rescript of the emperor and the admission of emancipated brothers and sisters to an intestate inheritance equally with those not emancipated.—See redemptor litium. Ferrini, NDI 7 {legge A.).

Lex Antia sumptuaria. (71 b.c.) Limited the sums that could be spent for banquets and prohibited (with some exceptions) magistrates and magisterial candi­dates from accepting invitations to banquets.—See SUMPTUS.

Weiss, RE 12, 2324; Kiibler, RE 4A, 907; G. Rotondi, Leges publ. pop. Rom. 1912, 367.

Lex Antonia de Termessibus. (71 b.c.) Granted the citizens of Termessus (Pisidia) the privilege of being “free, friends and allies of the Roman people” as a reward for help in time of war. The law is epigraphi­cally preserved.

Weiss, RE 12, 2325; Heberdey, RE 5A, 749; Riccobono, FIR l² (1940) 135 (Bibl.); Kaser, ZSS 62 (1942) 63; D. Magie, Rom. rule in Asia Minor 2 (1950) 1176.

Lex Antonia. (On dictatorship, 44 b.c.) Issued on the proposal of the triumvir Antonius, abolished the institution of the dictatorship.—See lex vibia.

Lex Apuleia de maiestate. (About 103 b.c.) The first Statute on CRIMEN MAIESTATIS.

Berger, RE 12, 2325.

Lex Apuleia de sponsu. (Date not known exactly, after 241 b.c.) Introduced a kind of partnership among sureties {sponsores, fideipromissores). Any one of them had an action against the others for what he paid to the creditor more than his proper share. See adpromissor. Later statutes, Lex Furia and Lex Cicereia, made further provisions concerning these kinds of sureties.

Weiss, RE 12, 2325 and 3A, 1855; Cuq, DS 3, 1129; G. Rotondi, Lege% publ. pop. Rom. 1912, 246; C. Appleton, ZSS 26 (1905) 3; E. Schlechter, Contrat de societe, 1947, 290.

Lex Aquilia. (Of the second half of the third cen­tury b.c.) A statute concerned with the damage done to another’s property. It abrogated the earlier legis­lation on the matter, including some specific cases which were mentioned in Twelve Tables. It set general rules of liability for damage caused by killing another’s slave or domestic four-footed animal (quad- rupes pecus') or by damaging his property by break­ing, burning or spoiling. The loss inflicted on the owner must be the result of a wrongful act (damnum iniuria datum; iniuria is here synonymous with non iure), i.e., there must be no lawful excuse for what was done, as there would be, for instance, in the case of justifiable self-defense or of an order of a magis­trate. The damage must be physical and result directly from a corporeal act (corpore). Mere omis­sion creates no liability under the statute. The origi­nal provisions of the lex Aquilia were extended by the activity of the jurists and of the praetors to cases not considered by the law. The actio legis Aquiliae became available either as an actio utilis (quasi ex lege Aquilia) or as an actio in factum “following the model of the actio legis Aquiliae” (ad exemplum legis Aquiliae, D. 9.2.12) in cases lying far beyond the original statute. In Justinian’s law it acquired a more general applicability, the strict rules of the lex Aquilia having been superseded by larger conceptions with regard to the persons to whom it became accessi­ble (not only to the owner of the damaged property as in the original law), the kind of damage and the degree of negligence on the part of the wrongdoer. A characteristic feature of the actio legis Aquiliae was that the defendant who denied his liability had to pay double damages if condemned; see lis infitiando. The second chapter of the lex Aquilia had nothing to do with physical damage. It gave the primary creditor a remedy against a co-creditor (adstipulator) who fraudulently released the debtor from his debt. —Inst. 4.3; D. 9.2; C. 3.35.

Taubenschlag, RE 12; Ferrini, NDI 6, 680; Longo, ND! 7, 831; C. H. Monro, Dig. 9.2 Ad legem Aquiliam (1898) ;

E. Levy, Konkurrenz der. Aktionen 2.1 (1922) 178; Ro- tondi, Teorie postclassiche sull'actio I.A. (= Scritti 2, 411); Jolowicz, LQR 38 (1922) 220; Kunkel, ZSS 49 (1929) 161; J. B. Thayer, Lex A., Cambridge, Mass., 1929; v. Beseler, ZSS 50 (1930) 25; J. Paoli, Lis infitiando crescit, 1933, 84; Giffard, RHD 1933; Arno, CentCodPav 1933; idem, BIDR 42 (1934) 195; Carrelli, RISG 9 (1934) 356; Daube, LQR 52 (1936) 253; Bernard, RHD 16 (1937) 450; De Visscher, Symbolae Van Oven 1946, 307; Condanari-Michler, Scr Ferrini 3 (Milan, Univ. Sacro Cuore, 1948) 95; Daube, St Solazzi, 1948, 93; Macqueron, Annales Fac. Droit d’Aix-en-Provence, 1950;

F. H. Lawson, Negligence in the Civil Law, 1950; Al­banese, AnPal 21 (1950) ; Sanfilippo, AnCat 5 (1951) 127.

Lex arae. See ara.

Lex Aternia Tarpeia. (454 b.c. ?) This and a later Lex Menenia Sextia (452 b.c.) established the high­est limits for fines imposed by the magistrates; see multa: two sheep and thirty oxen. Another statute dealing with the same subject matter was the lex lulia Papiria.

Lengle, RE 6A, 2454; Hellebrand, RE Suppl. 6, 1544. Lex Atia. (63 b.c.) See lex domitia.

Lex Atilia. (Of the end of the third century b.c.?) Dealt with the appointment of a guardian by the competent praetor if no guardian was nominated in a last will or designated by the law. The appoint­ment by the magistrate = datio tutoris. A guardian appointed in accordance with the lex Atilia was called TUTOR ATILIANUS.—Inst. 1.20.

Taubenschlag, RE 12, 2330; H. Krüger, ZSS 37 (1916) 290; Schulz, St Solazzi, 1948, 451.

Lex Atinia. On stolen things (second century b.c.), excluded res furtivae (= subreptae) from usucapio. —See SUBRIPERE.

Berger, RE 12, 2331; P. Huvelin, Le furtuyi, 1915, 255; Daube, CambLJ 6 (1938) 217; Μ. Kaser, Eigentum und Besitz, 1943, 95; Marky, BIDR 53-54 (1948) 244; F. De Visscher, Nouvelles Etudes, 1949, 183; v. Lübtow, Fschr Schulz 1 (1951) 263.

Lex Atinia. On plebeian tribunes (102 b.c.), was con­cerned with the admission of the plebeian tribunes to the senate.

G. Rotondi, Leges pubi, populi Rom. 1912, 330.

Lex. Aurelia de ambitu. (70 b.c.) Introduced the penalty of ten-year ineligibility for a candidate guilty of AMBITUS.

Berger, RE 12, 2336.

Lex Aurelia iudiciaria. (70 b.c.) Broadened the hitherto exclusive privilege of the senators to be judges in judicial trials by admitting persons of equestrian rank (equites) and tribuni aerarii.

Weiss, RE 12, 2336; Girard, ZSS 34 (1913) 303.

•Lex Aurelia. (On tribunes, 75 b.c.) Admitted former tribunes of the plebs to magistracies from which the dictator Sulla had excluded them; see lex Cornelia on tribunes.

G. Rotondi, Leges pubi, populi Rom. 1912, 365.

Lex Caecilia Didia. Renewed the prohibition of leges saturae and the provision of trinundinum between the publication of a project of a statute and the vote on it.—See PROMULGARE, NUNDINAE.

Liebenam, RE 4, 695; G. Rotondi, loc. cit. 335.

Lex Caelia. See lex cassia.

Lex Calpurnia de ambitu. (67 b.c.) See ambitus. Lex Calpurnia de legis actione per condictionem.

An early statute (later than lex silia, after 204 b.c.) which made the procedure of legis actio per con­dictionem available for claims of a definite thing (certa res).—See lex silia, legis actio per con­dictionem.

Lex Calpurnia de repetundis. (149 b.c.) See repe­tundae, QUAESTIONES PERPETUAE.

Berger, RE 12, 2338; Ferguson, JRS 11 (1921) 86.

Lex Canuleia. (445 b.c.) Permitted marriage (ius- tum matrimonium) between patricians and plebeians.

Berger, RE 12, 2339 (Bibl.); Longo, NDI 7, 832; H. �?Siber, Die plebeischcn Magistraturen, 1936, 46.

Lex Cassia. (On plebeians, 45 b.c.) Conceded their admission (adlectio) to the patriciate. A similar statute was the lex Saenia of 30 b.c.

Schmidt, RE 1, 368; G. Rotondi, Leges pubi, populi Rom. 1912, 426.

Lex Cassia. (On senators, 104 b.c.) Excluded from the senate individuals condemned or deprived of imperium by popular vote.

Lex Cassia tabellaria. (137 b.c.) Introduced the secret ballot in jurisdictional matters dealt with by the popular assemblies except for cases of treason. This exception was repealed by the Lex Caelia (107 B.C.).

Lex censui censendo. See census.

Lex Cicereia de sponsu. (Date unknown, second cen­tury b.c.?) A creditor taking sponsores or fidei­promissores as sureties (see adpromissor) had to proclaim publicly certain details of the debt and the sureties. See LEX APULEIA DE SPONSU.

Weiss, RE 3A, 1855; G. Rotondi, Leges publicae populi Rom. 1912, 477; Appleton, ZSS 26 (1905) 34.

Lex Cincia. On donations. (A plebiscite of 204 b.c.) It limited gifts to a certain (unknown) amount. Larger donations were permitted only in favor of near relatives and certain privileged persons {per­sonae exceptae). Gifts promised in violation of the statute were not void, but the donor could oppose the exceptio legis Cinciae if he was sued for pay­ment. A special provision prohibited advocates from accepting gifts from their clients in payment for their professional activity.—See donatio, advocatus, re­PLICATIO LEGIS CINCIAE, EXCEPTAE PERSONAE.

Leonhard, RE 5, 1535; Ascoli, NDI 5, 188; Longo, NDI 7, 834; Rotondi, loc. cit. 261; Radin, RHD 7 (1928) 249; Appleton, RHD 10 (1931) 423; H. Krüger, ZSS 60 (1940) 80; B. Biondi, Successione testamentaria, 1943, 635; idem, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 110; Denoyez, lura 2 (1951) 146.

Lex Claudia de tutela mulierum. A law passed under the emperor Claudius abolished the guardianship of the next relatives {tutela legitima) over women.

Taubenschlag, RE 12, 2340; idem, Vormundschaf tsrecht- liche Studien (1913) 72.

Lex Claudia. (On senators, 218 b.c.?) Excluded them from maritime commerce by permitting them to possess vessels of a very small capacity only. The prohibition remained in force under the Principate.

G. Rotondi, Leges publ. populi Rom. 1912, 249.

Lex Claudia. (On loans, a.d. 47.) Passed on the proposal of the Emperor Claudius, prohibited loans to filii familias on pain of a fine.

Groag, RE 3, 2828; Weiss, RE 12, 2340.

Lex Clodia de collegiis. (58 b.c.) Permitted the foundation of associations prohibited a few years earlier by a decree of the Senate (64 b.c.).

W. Liebenam, Röm. Vereinswesen, 1890, 24; Accame, Bull. Commis, archeol. del Governorato di Roma 70 (1942) 29.

Lex Clodia frumentaria. See lex sempronia fru­MENTARIA.

Lex Cocceia agraria. See leges agrariae.

Lex Cocceia. (On eunuchs, a.d. 96.) Under the emperor Nerva, prohibited castration.

Berger, RE 12, 2341.

Lex Coloniae Genetivae luliae. Also called Lex Ursonensis (44 b.c.) = charter of the Roman colony Urso in Spain.

Kornemann, RE 16, 613; Riccobono, FIR I³ (1941) 177 (Bibl.); Gradenwitz, Die Stadtrechte von Urso, etc., SbHeid 1920; idem, ZSS 42 (1921) 565, 43 (1922) 439; Alvaro d’Ors, Emerita (Madrid) 9 (1941) 138; Mallon, ibid. 12 (1944) 1; Le Gall, Revue de philologie, 20 (1946) 138; De Robertis, AnBari 7-8 (1947) 175; Schulz, St Solazzi (1948) 451; Wenger, Anzeiger Akad. Wiss. Wien 1949, 245.

Lex commissoria. See commissoria lex.

Lex Cornelia (Leges Corneliae). The following en­tries, inasmuch as they refer to the legislation of the dictator Sulla (82-79 b.c.), deal only with some of his selected laws since several of the laws passed under his dictatorship were repealed by legislative enactments of the subsequent years. The attribution of some laws to the dictator Sulla is not always certain.

For Cornelian laws not mentioned below, see Cuq, DS 3, 1137; Rotondi, Leges publ. populi Rom., 1912, 349.

Lex Cornelia de adpromissoribus. (81 b.c.) Limited the sum for which a person could assume guaranty for the same debtor to the same creditor in any one year, to twenty thousand sesterces.—See adpro­missor.

Cuq, DS 3, 1138; Rotondi, loc. cit. 362.

Lex Cornelia de aleatoribus. (81 b.c.) Declared valid all bets made on athletic games id which com­petition was considered a bravery {virtus). Stipu­lations for gambling debts, however, were void.

Cuq, DS 3, 1138; Rotondi, loc. cit. 363.

Lex Cornelia de ambitu. (81 b.c.) Sulla’s law against bribery at elections.—See ambitus.

Berger, RE 12, 2344.

Lex Cornelia de captivis. (82-79 b.c.) On last wills made before the testator became prisoner of war. They were valid if the testator died in cap­tivity, and were treated “as if he died a free Roman citizen” (Epit. Ulp. 23.5). This is the so-called fiction of the Cornelian law {fictio legis Corneliae, also beneficium legis Corneliae).—See captivitas, POSTLIMINIUM.

V. Beseler, ZSS 45 (1925) 192; Balogh, St Bonfante 4 (1930) 623; Wolff, TR 17 (1939) 136; J. Imbert, Post­liminium, These Paris (1944) 149; L. Amirante, Captivitas e postliminium, 1950, 32.

Lex Cornelia de edictis. (67 b.c.) Ordered that “the praetors administer the law according to their perpetual edicts.”

G. Rotondi, Leges publ. populi Rom., 1912, 371.

Lex Cornelia de falsis. See falsum.

Lex Cornelia de imperio. (81 b.c.) Separated the imperium domi (in the city of Rome with its en­virons) from imperium militiae.—See imperium, DOMI.

Lex Cornelia de iniuriis. (81 b.c.) Punished three kinds of injury committed by violence: pulsare (beat­ing), verberare (striking, causing pains) and domum introire (forcible invasion of another’s domicile).— See INTROIRE DOMUM.

Polak, Symb. van Oven, 1946, 263.

Lex Cornelia de legibus solvendo. (76 b.c.) This plebiscite limited the right of the senate to exempt a person from the laws {legibus solvere). Such laws benefiting particular individuals had been passed in the past. The lex Cornelia set a quorum of two hundred senators and required subsequent approval by a popular assembly.—See solutio legibus.

G. Rotondi, Leges publ. populi Rom., 1912, 371.

Lex Cornelia de magistratibus. (81 b.c.) Fixed the sequence of magistracies {ordo magistratuum), cf. lex villia. Quaestorship had to be held before praetor­ship, the latter before consulship. Likewise time intervals between tenures of office were set.

Humbert, DS 1, 270.

Lex Cornelia de maiestate. (Of the dictator Sulla, 81 b.c.) This was concerned with crimen maiestatis (high treason). It punished by exile any person who called in military forces, or began hostilities against another country without approval of the senate and the people.—See QUAESTIO DE MAIESTATE.

Lex Cornelia de praetoribus. (81 b.c.) Under the dictatorship of Sulla, increased the number of prae­tors to eight.

Cuq, DS 3, 1139.

Lex Cornelia de proscriptione. (82 b.c.) See pro­scriptio.

G. Rotondi, Leges publ. pop. Rom., 1912, 349.

Lex Cornelia de provinciis. (81 b.c.) See provin­cia.

Lex Cornelia de repetundis. (Of the dictator Sulla.) On extortion.—See REPETUNDAE.

Berger, RE 12, 2343.

Lex Cornelia de sicariis et veneficis. A Sullan enact­ment (81 b.c.) on murderers and poisoners was still in force under Justinian.—D. 48.8; C. 9.16.—See SICARII, VENEFICI.

Cuq, DS 3, 1140; G. Rotondi, Leges pubi, populi Rom., 1912, 357; Condanari-Michler, Scritti Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 70.

Lex Cornelia de tribunis plebis. (82 b.c.) This law of the dictator Sulla was inspired by the desire to deprive the plebeian tribunes of their power. Only senators could be elected to the tribunate; ex-tribunes were excluded from higher magistracies. Legislative proposals of the tribunes had to be previously ap­proved by the senate, and their right of intercession was considerably restricted. Pompeius abolished the law and reinstated the former prerogatives of the tribunes.—See LEX POMPEIA LICINIA On tribunes.

Lengle, RE 6A, 2485; G. Rotondi, Leges pubi, populi Rom., 1912, 350.

Lex Cornelia de viginti quaestoribus. (81 b.c.) Raised the number of quaestors to twenty. Part of the law is epigraphically preserved; it deals with the subordinate personnel of the quaestorian office.—See QUAESTORES.

Riccobono, FIR I² (1941) 131; E. H. Warmington, Re­mains of old Latin 4 (1940) 302.

Lex Cornelia nummaria. See falsum.

Lex Cornelia sumptuaria. (81 b.c.) The dictator Sulla used this law to combat excessive expenditures for banquets and pompous funerals.—See sumptus. Rotondi, loc. cit. 354; Kubler, RE 4A, 907.

Lex Cornelia testamentaria. See falsum.

Lex Cornelia Baebia de ambitu. (181 b.c.) One of the earliest statutes against bribery at elections.— See AMBITUS.

Berger, RE 12, 2344

Lex Cornelia Fulvia de ambitu. (159 b.c.) See AMBITUS.

Berger, RE 12, 2344.

Lex Cornelia Pompeia. (On comitia tributa, one or two laws passed under the consulship of Sulla in 88 b.c.) Imposed restrictions on the legislative and electoral activity of the comitia tributa.

G. Rotondi, Leges publ. populi Rom., 1912, 343.

Lex Cornelia Pompeia. (On interest, 88 b.c.) A statute proposed by Sulla of uncertain content. Pre­sumably it permitted loans at an annual interest of ten per cent. Higher interest payments may have been deducted from the principal.

Berger, RE Suppl. 7, 384.

Lex Crepereia. Ah earlier republican statute of un­known date, dealt with the proceedings before the centumviral court. The sum of the sponsio was fixed at 125 sesterces.—See centumviri, iudicium cen­TUMVIRALE, AGERE PER SPONSIONEM, SPONSIO PRAE- IUDICIALIS.

Berger, RE Suppl. 7, 384.

Lex Curiata de imperio. See comitia curiata, lex DE IMPERIO.

Liebenam, RE 4, 1826; G. W. Botsford, Pol. Sei. Quart. 23 (1908); Latte, Nachr. Goettingische Gesellschaft der Wissenschaften, Phil.-hist. KI. 1934; Heuss, ZSS 64 (1944) 70; Nocera, AnPer 51 (1946) 163.

Lex de bello indicendo. Decisions concerning the declaration of war were to be taken by the comitia centuriata.—See bellum, indicere bellum.

Liebenam, RE 696; Berger, RE Suppl. 7, 383 (with a list of the pertinent statutes); Siber, ZSS 57 (1937) 261.

Lex de flaminica Diali. (a.d. 24?) Provided that in a marriage of the flamen dialis, concluded in the solemn form of confarreatio, his wife {flaminica) did not pass into his full power {manus). She was obliged to obey him only in sacral matters. The measure was designed to encourage marriages by confarreatio, which became very rare at the beginning of the Empire so that it was difficult to find candi­dates for the post of flamen Dialis who had to be born from such a marriage.

Berger, RE 12, 2353.

Lex de imperio. (Under the Empire.) A statute by which the emperor was vested with sovereign power by the people and the senate. Apparently this cus­tom, practiced in the first century of the Principate, was a continuation of the old republican tradition, of the LEX CURIATA DE IMPERIO which conferred imperium on the higher magistrates. Several sec­tions of a lex by which the emperor Vespasian re­ceived sovereignty, lex de imperio Vespasiani (a.d. 69-70) are epigraphically preserved. It is one of the most important epigraphical monuments. It enumerates various prerogatives of the emperor and describes their contents, primarily by reference to the same rights held by Vespasian’s predecessors. The lex de imperio as a general institution is men­tioned once in Gaius’ Institutes and four times in Justinian’s codification (once, C. 6.23.3, as lex im­perii). The term applied to the lex by Justinian, lex regia, is doubtless not classical and corresponds to the Byzantine conception of the nature of kingship (basileia). In all these references there is certainly an element of truth and all efforts to eliminate them as spurious are futile. It remains questionable, how­ever, how long this kind of investment of the em­peror with “omne suum imperium et pot estas” by the people continued in use.

Riccobono, FIR l¹ (1941) 154 (Bibl.) ; Hellems, L. de i. Vespasiani 1902 (Dissert. Americanae, no. 1, Chicago) ; Cantarelli, St. romani e bizantini, 1915, 99; Beseler, Juristische - Miniaturen 1929, 155; Messina-Vitrano, 57 Bonfante 3 (1930) 255; Last, Carnbr. Anc. History 11 (1936) 406; S. Riccobono, Jr., AnPal 15 (1936 ) 501; Levi, Ath 16 (1938) 85; Magdelain, Auctoritas principis, 1947, 90.

Lex de imperio Vespasiani. See the foregoing item. Lex de piratis. See lex gabinia.

Lex decemviralis (leges decemvirales). See lex DUODECIM TABULARUM.

Lex dedicationis. See dedicatio.

Lex Dei. See COLLATIO LEGUM MOSAICARUM ET RO­MANARUM.

Lex Didia sumptuaria. (143 b.c.) Extended the validity ofr the lex fannia to all Italy and settled penalties for the guests who participated in banquets condemned by the statute.—See sumptus.

Kübler, RE 4A, 295; G. Rotondi, Leges publ. populi Rom., 1912, 295.

Lex Domitia. (103 b.c.) Reformed the system of election of pontiffs and augurs by introducing a com­bined method: election by a minor group of tribus from a list of candidates proposed by the collegium of priests in which the vacancy occurred. Abrogated by Sulla, the statute was later restored by the lex atia.

Wissowa, RE 2, 2318; Münzer, RE 5, 1325; Weiss, RE 12, 2330; Rotondi, loc. cit. 329, 380.

Lex Duilia de provocatione. (449 b.c.) One of the earliest republican statutes. The plebiscite, proposed by the plebeian tribune Duilius to protect the insti­tution of appeal (provocatio), provided the death penalty for anyone seeking to create a magistracy the decisions of which could not be checked by an appeal, or to leave the plebeians without tribunes.— See PROVOCATIO.

Weiss, RE 12, 2345; Rotondi, loc. cit. 203.

Lex Duilia Menenia (Maenia?). See fenus un­ciarium.

Rotondi, loc. cit. 222; L. Clerici, Economia e finanza dci Romani, 1 (1943) 333.

Lex duodecim tabularum. (451-450 b.c.) The earliest Roman codification or rather collection of the fundamental rules of customary law was pub­lished on twelve tablets. The work was achieved by a commission of ten experts, decemviri legibus scribundis, hence the name leges decemvirales for the legislation. The decemviral laws were the out­come of a political struggle between the plebeians and the patricians. The principal grievances of the former were the fact that the law was administered exclusively by the patricians in their own interest, the uncertainty of the law, and the severity of the enforcement of debts (see nexum). Only a portion of the Twelve Tables is known partly from quotations (sometimes in their original archaic wording) pre­served in juristic and literary sources, but chiefly, however, from scattered references to certain provi­sions appearing in a rather considerable number in Justinian’s codification. The Twelve Tables con­tained a selection of rules from different provinces of the law. Starting with some procedural norms they comprised rules of private and penal law as well as of sacral law. (The more important state­ments of the law are noted in the present volume under the appropriate entries.) The decemviral leg­islation is the germ from which the ancient Roman ius civile arose and evolved but from which the Roman jurisprudence also developed. The interpre­tation of the Twelve Tables by the pontiffs and the professional jurists promoted the development of law and jurisprudence. Still in Cicero’s boyhood the Roman youth learned them by heart. Several com­mentaries were written on the Twelve Tables, the last by the jurist Gaius about the middle of the second century after Christ (in six books). The excerpts from his work “ad legem duodecim tabu­lar urn” preserved in Justinian’s Digest have con­tributed largely to the knowledge of the structure and nature of the whole codification. The high esteem the Twelve Tables enjoyed in Roman tradition for centuries is testified by many sayings of Roman writers (primarily Cicero) ; Livy did not hesitate to call them, not without a certain exaggeration, “the source of all public and private law” and “the body (corpus) of the whole Roman law (omnis Romani iuris).” This evaluation cannot be shattered by the outburst of modern criticism which has not only at­tacked their authenticity but has also not hesitated to pass an unfavorable judgment over them as a whole. See ABSENS, ADDICTUS, ADSIDUI, AMBITUS, COL­LEGIA, CONFESSIO IN IURE, DECEMVIRI LEGIBUS SCRI­BUNDIS, DIES IUSTI, DEICERE E SAXO TARPEIO, DIFFIN­DERE, EMANCIPATIO, INIURIA, LEGARE, LEGITIMUS, LEGIS ACTIO PER IUDICIS ARBITRIVE POSTULATIONEM,

LEX VALERIA DE PROVOCATIONE, NEXUM, MANUS INIECTIO IUDICATI, OBVAGULATIO, SECARE PARTES, SUMPTUS, TALIO, TEMPUS IUDICATI, TESTES, TUTOR SUSPECTUS, TUTELA LEGITIMA, USUS AUCTORITAS, VINDICIAE FALSAE, VITES.

Berger, RE 4A (s.v. Tabulae duodecim, Bibi.); idem, RE Suppl. 7, 1275; Riccobono, FIR l² (1941) 23; Girard, La loi de Douze Tables, London, 1914; E. Taübler, Unter­suchungen zur Gesch. des Dezemvirats und der Zwölf­tafeln, 1921; Baviera, St Perozzi, 1924; Berger, St Ricco­bono 1 (1933) 587; idem, St Albertoni 1 (1933) 381; idem, BI DR 43 (1935) 195; idem, Le Dodici Tavole e la codificazione giustinianea, ACDR Roma 1 (1934) 39;

E. Volterra, Diritto rom. e diritti orientali, 1937, 146, 175, 687; E. H. Warmington, Remains of old Latin 3 (1938) 424; Baviera, Si Riccobono 1 (1936) p. XXXIII; R. Düll, Das Zwölftafelngesetz, Übersetzung und Erläu­terung, 1944; Balogh, Scr Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 2; Gioffredi, SDHI 13-14 (1944) 33; C. W. Westrup, Introduction to early R. law, 4, 1 (1950) 79; P. Noailles, Du droit sacre au droit civil, 1950, 36; P. R. Coleman-Norton, The Twelve Tables³, (Princeton, 1950) ; idem, Cicero's contribution to the text of the Twelve Ta­bles, CIJ 1950; Petrin, RHD 29 (1951) 383.

Lex Fabia. A statute of unknown date (second or first century b.c.) against kidnapping, treating a free man as a slave, or persuading another’s slave to leave his master. The same crime {crimen legis Fabiae, plagium) is charged against anyone who helps the principal culprit in such undertakings {socius). In later development, making a free man the object of a transaction (sale, giving in dowry) was also con­sidered to be a plagium. Both the giver and the receiver were subject to punishment but only if they had knowledge of the free man’s status and acted fraudulently {scientes dolo malo). Severe penalties were provided for plagium in the lex Fabia; they were later aggravated by imperial enactments. Dio­cletian introduced the death penalty for plagium.— D. 48.15; C. 9.20.—See vincula.

Berger, RE Suppl. 7, 386; idem, BIDR 45 (1938) 267; Niedermeyer, St Bonfante 2 (1936) ; Lauria, AnMac 8 (1932).

Lex Falcidia. (40 b.c.) Provided that legacies {legata) should not exceed three quarters of the testator’s estate. A minimum of a fourth part {quarta Falcidia, Falcidia) was reserved to the heir ap­pointed in the testament. In the case of several heirs each of them had to receive at least one fourth of the share assigned to him. The part of the legacy exceeding three-quarters was void; an heir sued by the legatee for the surplus could oppose the exceptio legis Falcidiae. The value of the estate at the time of the testator’s death was decisive. Later changes did not count. The tendency of the law was to prevent the refusal of an inheritance, charged with ex­orbitant legacies, by the testamentary heir. Imperial legislation introduced substantial reforms. Antoninus Pius extended the quarta Falcidia to intestate inheri­tance if the owner disposed in a codicil over more than three-fourths of the estate by fideicommissa. The application of the law was in some exceptional cases excluded, as with regard to a soldier’s, testa­ment or to legacies in favor of piae causae (for charitable purposes).—Inst. 2.22; D. 35.2; 3; C. 6.50. —See BENEFICIUM COMPETENTIAE, CAUTIO EX LEGE FALCIDIA, DII, SENATUSCONSULTUM PEGASIANUM.

Steinwenter, RE 12, 2346 (Bibl.); Longo, NDI 7; Pam- paloni, BIDR 21 (1909, = Scr. giur. 1, 1941, 347); Vassalli, BIDR 26 (1913) 52; F. Schwarz, ZSS 63 (1943) 314; B. Biondi, Successione testamentaria, 1943, 381; F. Bonifacio, Ricerche sulla L.F., 1948; idem, lura 3 (1952) 229; F. Schwarz, SDHI 17 (1951) 225.

Lex Fannia. (161 b.c.) One of the leges sumptua- riae; it limited the expenditures for banquets and the number of persons would could be invited, particu­larly at the time of the great national games {ludi). See SUMPTUS.

Weiss, RE 12, 2353; Kùbler, RE 4A, 905.

Lex Fufia Caninia. (2 b.c.) Introduced restrictions on testamentary manumissions by fixing a ratio between the number of slaves belonging to the tes­tator and the number of those he could enfranchise in his last will. The more he owned the smaller was the percentage of manumissions permitted. Manumissions ordered in violation of the exact pro­visions of the law {in fraudem legis)' were void. The statute was abolished by Justinian whose legis­lation favored the liberation of slaves {favor lib er- tatis).—Inst. 1.7; C. 7.3.—See senatusconsultum ORFITIANUM.

Leonhard, RE 12, 2355; Acta Divi Augusti 1 (1945) 202. Lex Furia de sponsu. (Of unknown date, probably later than the lex Apuleia de sponsu.) * Dealt with suretyship contracted in Italy in the form of sponsio or fideipromissio.—See adpromissor.

Rotondi, Leges pubi, populi Rom., 1912, 475 ; Appleton, ZSS 26 (1905); idem, Mei Gérardin, 1907; Girard, 57 Fadda 2 (1905).

Lex Furia testamentaria. (Between 204 and 169 b.c.) Fixed the maximum amount of a legacy at one thou­sand asses except for legacies bequeathed to one’s nearest relatives, spouse or bride. It is the earliest statute setting limits for legacies.

Steinwenter, RE 12, 2356 (Bibl.), 2421.

Lex Gabinia de piratis persequendis. (67 b.c.) Au­thorized Cn. Pompeius Magnus to combat piracy with an army of twenty legions and a navy of 500 ships. The identification of the statute with a Greek inscription found in Delos is not certain.

Riccobono, FIR I² (1941) 121 (Bibl.).

Lex Gabinia. (139 b.c.) Forbade secret meetings {clandestinae coitiones) directed against the state.

Berger, RE Suppl. 7, 395.

Lex Gabinia tabellaria. (139 b.c.) Introduced the secret ballot in the election of magistrates in the popular assemblies.—See tabellae.

Lex Genucia. (342 b.c.) A plebiscite which pro­hibited loans at interest.

Klingmuller, RE 6, 2192 ; Stein, RE 7, 1207 ; Rotondi, Leges pubi, populi Rom., 1912, 226; L. Clerici, Economia e finanza dei Romani, 1 (1943) 334.

Lex Glitia. Known only from a commentary by Gaius “ad legem Glitiam.” It' dealt with the querela inofficiosi testamenti. Date is unknown.

Weiss, RE Suppl. 5, 577; Cuq, DS 3, 1145; Rotondi, loc. cit. 482.

Lex Hadriana. See lex manciana.

Kornemann, RE Suppl. 4, 253; Ch. Saumagne, Tablettes Albertini, 1952, 99.

Lex Hieronica. (Third century b.c.) Mentioned by Cicero in his orations against Verres, not a Roman law.. Its author was Hiero II, tyrant and (later) king of Syracuse. It was an agrarian law, dealing with the lease of public land and land taxes and remained in vigor after the Roman conquest of Sicily.

Lenschan, RE 8, 1508; Schwahn, RE 7A, 15; Weiss, RE 12, 2361; Carcopino, La loi de Hieron, 1914; Plachy, BIDR 47 (1940) 87.

Lex horreorum. See horreum.

Lex Hortensia de plebiscitis. (Ca. 286 b.c.) Pro­vided that �?�?the decrees of the plebeian assemblies shall be binding on the whole people” (Gaius, Inst. 1.3).—See PLEBISCITUM.

Lengle, RE 6A, 2471; Berger, RE Suppl. 7, 396; Siber, RE 21, 68; Humbert, DS 1, 546; Baviera, Si Brugi, 1910, 367; Costa, MemBol 6 (1911-1912) 77; G. Rotondi, Leges publ. pop. Rom., 1912, 238; H. Siber, Die plebeischen Ma­gistraturen 1936, 43; Guarino, Fschr Schulz 1 (1951) 458. Lex Hostilia. An early statute of unknown date, en­abled a person who was in captivity or absent on official mission, to be represented in the trial against a thief for the theft committed in the absent person’s property.

Rotondi, loc. cit. 480; P. Huvelin, Furtum (1915) 117;

Nap, TR 13 (1934) 181.

Lex Icilia. (492 b.c.) Probably the earliest law on the inviolability of the plebeian tribunes.—See tri­BUNI PLEBIS.

Rotondi, loc. cit. 193.

Lex imperii. See lex de imperio.

Lex lulia (leges luliae). A statute passed on the legislative initiative of either lulius Caesar or the emperor Augustus. The proposer cannot always be established with certainty.

Lex lulia agraria. (59 b.c.) An agrarian law pro­posed by Caesar during his consulship. It completed the transfer of public land in Italy into private owner­ship.

Vancura, RE 12, 1184; Rotondi, loc. cit. 387.

Lex lulia ambitus. (18 b.c.) A statute of Augustus against bribery in elections (ambitus). It was still in vigor under Justinian.—D. 48.14; C. 9.26.

Berger, RE 12, 2365; Acta Divi Augusti 1 (1945) 140. Lex lulia caducaria. Probably not a special statute concerning caduca, but a chapter of the Augustan legislation on marriage and related problems (lex IULIA DE MARITANDIS ORDINIBUS). See LEGES CA­

DUCARIAE, CADUCA (Bibl.).

V. Bolla, ZSS 59 (1939) 546.

Lex lulia de adulteriis. (18 b.c.) This Augustan statute, which some scholars consider to be a part of the LEX IULIA DE MARITANDIS ORDINIBUS, fixed the cases of adultery punishable as a crime, the penalties, the forms and terms of accusation, etc. See adul­terium. The law also dealt with other crimes against chastity (stuprum, incestum).—D. 48.5; C. 9.9.

Fitzler-Seeck, RE 10, 354; Acta Divi Augusti 1 (1945) 112.

Lex lulia de annona. (18 b.c.?) An Augustan law against merchants raising the market prices of food­stuffs or committing other unfair practices in the sale or transportation of food.—D. 48.12.

Rotondi, loc. cit. 448; Acta Divi Augusti 1 (1945) 200.

Lex lulia de cessione bonorum. (By Augustus.) Perhaps a part of the lex iulia iudiciorum pri- VATORUM.—See CESSIO BONORUM.

S. Solazzi, Il concorso dei creditori 4 (1943) 133; Acta Divi Augusti 1 (1945) 152.

Lex Iulia de civitate. (90 b.c.) Bestowed Roman citizenship on Latins (see latini) and a great num­ber of the allies (sodi) in Italy. All allies domiciled in Italy received citizenship in the following year by the Lex Plautia Papiria (89 b.c.), provided that they applied to the urban praetor in Rome within sixty days for enrollment on the list of citizens.

G. Rotondi, Leges pubi, populi Romani, 1912, 338.

Lex Iulia de collegiis. An Augustan law ; it is men­tioned only once in an inscription (cil 6, 4416 = 6, 2193).

Kornemann, RE 4, 408; 430;· G. Rotondi, loc. cit. 442; Berger, Epigraphica 9 (1947) 44; G. Bovini, La proprietà ecclesiastica, 1949, 141.

Lex Iulia de fundo dotali. Not a specific Augustan law (although once mentioned as such) but a section of the emperor’s legislation on adultery (lex iulia de adulteriis). It prohibited the husband to alienate land in Italy constituted as a dowry unless the wife gave her consent.—D. 23.5 ; C. 5.23.

Acta Divi Augusti 1 (1945) 127; Noailles, Inalienabilité du fonds dotal, Annales Univ. Grenoble 30-31 (1918-1919).

Lex Iulia de maritandis ordinibus. (18 b.c.) This law together with another one, also of Augustus, the Lex Papia Poppaea (a.d. 9) deals with several prob­lems connected with marriage. In the writings of the Roman jurists the two laws appear both as two dis­tinctive legislative acts and as one unified piece of legislation, sometimes called simply “lex” or “leges” The earlier law contained several prohibitions of marriage, such as between senators or their sons and their freedwomen, between free-born men and women of bad behavior or women convicted of adultery. Consorts married in violation of these provisions have no reciprocal rights of succession. Another tendency of the Augustan legislation was to promote marriage and the procreation of children in order to prevent a further decline of morality and family life, widespread in the last decades of the Republic. Various privileges were granted to married people and parents of children whereas on the other hand severe economic and social disadvantages were imposed on

unmarried persons (coelibes) and childless married persons (orbi). A consul who had more children than his colleague had some preference over the latter. Fathers were excused from public charges (munera) and tutorship. Married women with three children (four, if they were freedwomen) were not submitted to guardianship (tutela mulierum). See ius libero­rum. The second statute excluded unmarried men over twenty-five and under sixty and unmarried women over twenty and under fifty from succession under a will. For further provisions, see coelibes, ORBI, CAPACITAS, PATER SOLITARIUS, CADUCA, DIES CEDENS LEGATI, EREPTORIUM, LEX IULIA MISCELLA, SENATUSCONSULTUM CALVISIANUM, SENATUSCONSUL- TUM MEMMIANUM, PRINCEPS LEGIBUS SOLUTUS.-------------------------------------------------------------------------------

C. 8.57.

Fitzler-Seeck, RE 10, 354; Schiller, RE Suppl. 6, 227; Rotondi, Leges publ. populi Rom., 1912, 443, 457; P. Cor­bett, The Roman law of marriage, 1930; Solazzi, ANap 59 (1939), 61 (1942); Siber, Die Ehegesetzgebung des Augustus, Deutsche Rechtsuissenschaft, 4, 2 (1939) ; Acta Divi Augusti 1 (1945) 166 (Bibl.); Nardi, SDH! 7 (1941); B. Biondi, Successione testamentaria (1943) 136; Field, CIJ 1945, 398; Lavaggi, StSas 21 (1948); Weiss, BIDR 51/52 (1948) 323.

Lex lulia de modo aedificiorum. A building regula­tion probably of Augustus (18 b.c.?) ; it set a maxi­mum for the height of houses and the thickness of walls.

G. Rotondi, Leges publ. pop. Rom., 1912, 447; Acta Divi Augusti 1 (1945) 198.

Lex lulia de pecuniis mutuis. (49 b.c.) A statute passed under the dictatorship of Caesar, introduced some alleviation for debtors who had contracted a loan of money: deduction of interest already paid from the principal, cancellation of interest in arrears for two years, admission of payment in land instead of in cash. Some modifications of the law were made in a later Caesarean law of 46 b.c.

G. Rotondi, Leges publ. populi Rom., 1912, 415.

Lex lulia de residuis. See peculatus, residua.

Lex lulia de senatu habendo. (Ca. 10 b.c.) Con­cerned with the procedure of voting in the senate.— See DISCESSIO.

Rotondi, op. cit. 452; Acta Divi Augusti 1 (Rome, 1945) 153.

Lex lulia de vi privata and Lex lulia de vi publica. It is more likely that there were two statutes on the topics indicated, not one, and that their author was Augustus rather than Caesar. For their contents, see vis, res vi possessae, telum.—D. 48.6; 7; C. 9.12 (de vi privata); D. 48.6; C. 9.12 (de vi publica).

Rotondi, loc. cit. 457; Berger, RE Suppl. 7, 405; Girard, ZSS 34 (1913) 322; Coroi, La violence en dr. rom., 1915; Berger, Gottingische gel. Anzeigen 1917, 336; Costa, RendBol 2 (1917/18) 23; Niedermeyer, St Bonfante 2 (1930) 400; Flore, ibid. 4 (1930) 335; G. Pugliese, Ap- punti sui limiti deirimperium nella repressione penale 1939; Acta Divi Augusti 1 (1945) 129.

Lex lulia de vicesima hereditatium. (a.d. 5 ?) The name lulia is preserved, but Augustus’ authorship is doubtful. The law introduced a tax of 5 per cent on estates and legacies except those left to parents and children and those of small value. The heir could deduct a proportional part of the tax from the legacies. The law also contained provisions concern­ing the opening of last wills (apertura testamenti) in connection with the taxes to be paid.—See vice- SIMA HEREDITATIUM.

Rotondi, loc. cit. 457; Acta Divi Augusti 1 (1945) 219; Stella-Maranca, RendLinc 33 (1924).

Lex lulia iudiciorum privatorum. See the following item.

Lex lulia iudiciorum publicorum. (17 b.c.?) This Augustan law and another procedural law concerning civil trials (lex lulia iudiciorum privatorum) together constitute the leges luliae iudiciariae. They are men­tioned along with the lex aebutia as the statutes which completed the transition from the legis ac- tiones to thpostumi iuniani.

Weiss, RE 12, 2394; G. Rotondi, loc. cit. 465; Solazzi, Ath 18 (1930) 45.

Lex Laetoria. See lex plaetoria.

F. Schulz, Roman classical law, 1951, 191.

Lex Latina tabulae Bantinae. (133-118 b.c.) A statute of unknown content; only the sanction is pre­served containing penalties for non-observant magis­trates. On the reverse side of the bronze tablet with the Lex Latini there is another inscription in the Oscan dialect (lex Osca tabulae Bantinae) with a partial text of the municipal charter of Bantia (South Italy).

E. H. Warmington, Remains of old Latin 4 (1940) 294; Riccobono, FIR P (1941) 82, 163; Zotta, RendLinc 98 (1939) 373 (on lex Osca).

Lex Licinia. On extraordinary magistracies, see lex aebutia on extraordinary magistracies.

Lex Licinia (Licinnia). (On the actio communi divi­dundo.) An early Republican statute introduced the proceedings by legis actio per iudicis postulationem for the division of common property.

Berger, RE Suppl. 7, 398.

Lex Licinia de sodaliciis. (55 b.c.) Directed against a special type of associations organized during the electoral period to support a candidate for a magis­tracy by unfair practices which were considered a special form of ambitus.

Weiss, RE 12, 2394, no. 3; Berger, ibid. 2395; Pfaff, RE 3, 785; Rotondi, loc. cit. 407; Accame, Bull. Commissione archeologica del Governorato di Roma 70 (1942) 32.

Lex Licinia Cassia. (172 b.c.) Gave consuls and praetors the right to appoint military tribunes; pre­viously they were elected by the comitia tributa.

G. Rotondi, loc. cit. 282.

Lex Licinia lunia. (62 b.c.) Ordered that the offi­cial text of statutes be deposited in the state archive in the aerarium.—See aerarium populi romani.

Miinzer, RE 10, 1090; Rotondi, loc. cit. 383; Landucci, APad 1896, 146; F. v. Schwind, Zur Frage der Publika- tion 1940, 27.

Lex Licinia Mucia. (95 b.c.) Established the con­ditions for the acquisition of Roman citizenship by Latins who had taken up residence in Rome, and fixed penalties for non-citizens in Rome who acted as if they were citizens.

Weiss, RE 12, 2395, no. 6.

Lex Licinia Sextia. On loans. (367 b.c.) Debtors received the right to pay in three annual installments and to deduct the interests paid from the sum due.

G. Rotondi, loc. cit. 217.

Lex Licinia Sextia. On the plebeian consulship and the creation of the praetorship. (367 b.c. ) Granted the plebeians one of the two consulships and estab­lished the office of praetor accessible only to patricians.

G. Rotondi, loc. cit. 218; v. Fritz, Historia 1 (Baden- Baden, 1950) 3.

Lex Licinia Sextia agraria. (367 b.c.) Limited the dimensions of a plot of the ager publicus that could be assigned to individuals to 500 Roman acres (iugera) and settled the number of head of cattle to be held by the possessors.

Vancura, RE 12, 1164; Cuq, DS 3, 1153; Rotondi, loc. cit. 217; L. Clerici, Economia e finanza dei Romani, 1 (1943 ) 290; Tibiletti, Ath 26 (1948) 191.

Lex Licinia sumptuaria. (103 b.c.?) A statute against luxury which repeated provisions of earlier laws.—See sumptus.

Rotondi, loc. cit. 327; Kiibler, RE 5A, 905.

Lex Livia iudiciaria. (91 b.c.) Established a special court (quaestio) for trials of judges corrupted by bribery.

Rotondi, loc. cit. 337.

Lex Lutatia de vi. Probably identical with lex PLAUTIA DE VI.

Berger, RE Suppl. 7, 399; Cousin, RHD 22 (1943 ) 88.

Lex Maenia de patrum auctoritate. (Of unknown date, probably not before the beginning of the third century b.c.) Ordered that candidates for office had to be approved by the senate before the people voted in the comitia. This provision of the statute is analo­gous to that of lex publilia philonis in legislative matters.

Weiss, RE 12, 2396; O’Brien-Moore, RE Suppl. 6, 677; Guarino, Studi Solazzi, 1948, 29.

Lex Malacitana. (a.d. 82-84.) See lex salpensana.

Lex Mamilia Roscia Peducaea Alliena Fabia. (Of uncertain date, after 111 b.c. and perhaps as late as 59 b.c.) Dealt with controversies over boundaries of landed property in colonies and municipia. Three chapters of the statute are preserved in the writings of land surveyors (gromatici). It is uncertain whether the law was a section of the lex iulia agraria or a plebiscite proposed by a tribune Mami­lius and his four colleagues. The appearance of five names in the denomination of the lex is unique.—See CONTROVERSIA DE FINE.

Vancura, RE 12, 1185; Kroll, RE 12, 2397; Cary, Journ. Philol. 35 (1920) 184; Fabricius, SbHeid 1924; Piganiol, Comptes-Rendus Acad, des Inscriptions 1939, 193; Ricco- bono, FIR I² (1941) 138; Le Gall, Revue de philologie 20 (1946) 138; Herrman, RIDA 1 (1948) 113; L. R. Taylor, Studies in honor of A. C. Johnson, 1951, 68; Piga­niol, CRAI 1949, 193.

Lex Manciana. (Under Vespasian?) Concerned with the administration of imperial domains in North Africa by imperial procuratores and the relations with the leaseholders (conductores). A similar law was the so-called lex Hadriana.

Kornemann, RE Suppl. 4, 251; A. Hajje, Études sur les locations à long terme, 1926; Haywood, in T. Frank, An economic survey of ancient Rome 4 ( 1938) 101 ; Ricco- bono, FIR I² (1941) 484, 493; Toutain, Mèi F. Martroye (Société Nat. des Antiquaires de France) 1941 ; Saumagne, Tablettes Albertini, 1952, 116.

Lex Manilia. (67 b.c.) Gave freedmen the right to vote in the tribus of their patrons.

G. Rotondi, loc. cit. 375.

Lex Manlia. (On manumission taxes, 357 b.c.) See VICESIMA MANUMISSIONUM.

G. Rotondi, loc. cit. 375.

Lex Marcia. (On usury, 104 b.c.) Protected the debtors who had paid the moneylenders interest at a rate higher than was legally permitted by granting them the privilege of recovering the sum unduly paid through the procedure of manus iniectio.

G. Rotondi, loc. cit. 326.

Lex Maria. (119 b.c.) Set general rules for secret voting by tablets in the popular assemblies.—See TABELLAE.

G. Rotondi, loc. cit. 318.

Lex Maria (Marcia) Porcia. (62 b.c.) See tri­umphus.

Lex Menenia Sestia. (452 b.c.) See lex aternia TARPEIA.

Lex metalli Vipascensis. (Second century after Christ.) An ordinance for the administration of the mines in Vipasca (Spain) with instructions to the imperial procurator metallorum concerning the lease of the mines to private conductores.

Riccobono, FIR I² (1941) 502; Schonbauer, Beitrdge zur Geschichte des Bergbaurechts, 1929; Kiibler, ZSS 49 (1929) 569; Schonbauer, ZSS 55 (1935) 212; U. Tack­holm, Bergbau in der rom. Kaiserzeit (Uppsala, 1937) 101; D’Ors, lura 2 (1951) 128.

Lex Minicia. (Date unknown, about 90 b.c.) Or­dered that a child born of parents of a different status civitatis receives the lower status.

Weiss, RE 12, 2399; Rotondi, loc. cit. 338.

Lex municipalis Tarentina. (First century b.c.) A municipal charter {lex data) of Tarentum, preserved in part. It contains provisions about the responsi­bility of municipal magistrates, building regulations, and the like.—See leges datae.

G. Rotondi, loc. cit. 492; Rudolph, Stadt und Staat im röm. Italien, 1935, 132; Riccobono, FIR 1’ (1941) 166; E. H. Warmington, Remains of old Latin, 4 (1940) 438.

Lex naturalis. See naturalis lex.

Lex Ogulnia. (300 b.c.) Augmented the number of pontifices and augures from four to eight and nine, respectively, and established the rule that four ponti­fices and five augures were to be plebeians.

Riewald, RE 1A, 1639; Münzer, RE 17, 2065; Rotondi, loc. cit. 236.

Lex Oppia. (215 b.c.) Condemned luxury among women. It introduced restrictions on jewelry and prohibited many-colored dresses. The statute was abolished twenty years later by the Lex Valeria Fundania.—See sumptus.

Kübler, RE 4A, 904.

Lex Orchia. (181 b.c.) Also a lex sumptuaria. See sumptus. It limited the number of persons who could participate in a sumptuous dinner.

Rotondi, loc. cit. 276; Kübler, RE 4A, 905.

Lex Osca tabulae Bantinae. See lex latina tabu­lae BANTINAE.

Lex Ovinia. See lectio senatus.

Lex Papia. On foreigners. (65 b.c.) Introduced spe­cial proceedings against foreigners who unlawfully pretended to be Roman citizens. The penalty was expulsion from Rome.

Weiss, RE 12, 2399.

Lex Papia. On Vestal virgins. (65 b.c.) Established the procedure for the selection of Vestales by the high pontiff (PONTIFEX MAXIMUS).—See VESTALES. Berger, RE Suppl. 7, 402.

Lex Papia Poppaea. See lex iulia de maritandis ORDINIBUS.

Lex Papiria. On tresviri capitales, of unknown date, third or second century b.c.

G. Rotondi, loc. cit. 312.

Lex Papiria de consecratione. (Date unknown.) Required the approval of the plebs for the validity of consecratio {dedicatio). The statute seems to have been one of the earliest plebiscites.

Berger, RE Suppl. 7, 402; Paoli, RHD 25 (1946/7) 176; Santi Di Paola, St Solazzi 1948, 631.

Lex Papiria tabellaria. (131 b.c.) Guaranteed se­crecy in voting on legislative matters in the popular assemblies.—See tabellae.

Liebenam, RE 4, 692.

Lex Petronia de praefectis iure dicundo. (Before 32 b.c.) Regulated the election of praefecti iure dicundo in municipalities.

Cuq, DS 3, 1158; Rotondi, loc. cit. 439.

Lex Petronia. On slaves, (a.d. 61 ?) Prohibited masters from exposing their slaves to fight with wild beasts without permission from the competent magis­trate. Approval was given when a slave deserved punishment for bad conduct.

Leonhard and Weiss, RE 12, 2401 ; Rotondi, loc. cit. 468.

Lex Pinaria. An early statute which fixed the term of thirty days for the reappearance of the parties in a trial conducted in the form of legis actio sacra­mento.—See LEGIS ACTIO SACRAMENTO.

G. Rotondi, loc. cit. 472.

Lex Pinaria Furia. (472 b.c.?) Reformed the cal­endar by the insertion of an intercalary month. Berger, RE Suppl. 7, 403.

Lex Plaetoria (Laetoria?) de minoribus. ( 192/1 b.c.) Protected persons sui iuris under twenty-five years of age {minores) who had been defrauded in a trans­action. The latter was valid in principle, but the minor, when sued for payment, had an exception, exceptio legis Plaetoriae, for his defense. Besides, an actio legis Plaetoriae was available to anyone {actio popularis) against the person who exploited the inexperience of a minor {circumscriptio adoles­centium).—See MINORES.

Berger, RE 15, 1863, 1867; Weiss, RE Suppl. 5, 578; Ro­tondi, loc. cit. 271; Debray, Mel Girard 1 (1912) 265; Duquesne, Mei Cornil 1 (1926) 156; Nap, TR 13 (1934) 194.

Lex Plautia de vi. (78-63 b.c.?) The earliest law against the crimen vis (violence) committed either against the state or a private individual.—See vis, RES VI POSSESSAE.

Berger, RE Suppl. 7, 403 (Bibl.) ; J. Coroi, La violence en droit criminel rom., 1915, 31; Cousin, RHD 22 (1943) 88.

Lex Plautia iudiciaria. (89 b.c.) On the election of judges (fifteen for each tribus).

G. Rotondi, loc. cit. 342.

Lex Plautia Papiria de civitate. See lex iulia de CIVITATE,

G. Rotondi, loc. cit. 340.

Lex Plotia de vi. See lex plautia de vi.

Lex Poetelia de ambitu. (358 b.c.) The earliest statute against unfair machinations for electoral pur­poses. In particular the statute forbade competition for votes in market places.

Berger, RE 12, 2407; Husband, CIJ 10 (1914/5) 376.

Lex Poetelia Papiria. (326 b.c.) The statute, called by Livy (VIII 28.1) “another beginning of the free­dom of the Roman plebsF forbade the private im­prisonment of the debtor by the creditor, which was a kind of enslavement since the debtor {nexus) had to work for the creditor like a slave. Many details about necti are doubtful as is the whole doctrine on nexum, owing to the discrepancies in the confusing reports in literary sources (Livy, Varro), especially about putting the debtor into fetters.—See nexum, IURARE BONAM COPIAM.

Huvelin, DS 4, 83 ; Berger, RE Suppl. 7, 405 ; Kleineidam, Fg Dahn 2 (1905) 1; Ausiello, AnCam 2 (1929); De Visschcr, Mel Fournier 1929 (= Etudes de dr. rom. 1934, 313); Kaser, Das al trout. I us 1949, 247; v. Liibtow, ZSS 67 (1950) 154.

Lex Pompeia. On candidates for a magisterial post. (52 b.c.) It obliged them to be present in Rome during the electoral period.

Lex Pompeia. On provincial administration. (52 b.c.) Established the interval of five years between the holding of a magistracy in Rome and a subsequent pro-magistracy in a province.

G. Rotondi, loc. cit. 411.

Lex Pompeia de ambitu. (62 b.c.) A very severe statute against bribery at elections. It has interest because of its procedural provisions.

Berger, RE 12, 2403.

Lex Pompeia de culleo. (55 b.c.?) Abolished execu­tion by drowning the condemned culprit in a leather sack (culleus). The statute was perhaps a section of the lex Pompeia de parricidio.

Hitzig, RE 4 (s.v. culleus, no. 4).

Lex Pompeia de parricidio. (55 or 52 b.c.) Ex­tended the term parricidium to the assassination of parents, grandparents, children, grandchildren, broth­ers, uncles, a consort or fiance, and some other rela­tives. The law apparently substituted the penalty of AQUAE ET IGNIS INTERDICTIO for the ancient form of execution by CULLEUS. It is still in vigor under Justinian, D. 48.9.

Hitzig, loc. supra cit.; G. Rotondi, Leges publ. populi Rom., 1912, 406; Radin, JRS 10 (1920).

Lex Pompeia de vi. (52 b.c.) A special statute on crimen vis (violence) the occasion of which was a great riot with fires and massacres at the via Appia. Severe penalties were set.—See vis.

Berger, RE Suppl. 7, 409; Rotondi, loc. cit. 410; J. Coro’i, La violence en droit criminel rom., 1915, 93.

Lex Pompeia Licinia. On tribunes. (70 B.q.) Abol­ished the restrictions imposed on the plebeian tri­bunate by Sulla.—See lex Cornelia and lex aure­lia on tribunes.

Lex Porcia (Leges Porciae). Three Leges Porciae of the second century b.c. are mentioned in connec­tion with the right of appeal (provocatio) of per­sons condemned in a criminal trial. One of them dealt with the provocatio of soldiers.—See lex

VALERIA.

Cuq, DS 3, 1160; Rotondi, loc. cit. 268.

Lex praediatoria. See praediator.

Lex provinciae. A law concerning the organization of the administration of a conquered province. Origi­nally it was issued by the commanding general with the assistance of a senatorial commission.—See lex DATA, PROVINCIA, LEGATI DECEM.

Lex Publicia. (Earlier than lex Cincia of 204 b.c.) Limited the gifts of freedmen to their patrons who used to demand (exigere) excessive donations on the occasion of the feast of the Saturnalia.

Berger, RE Suppl. 7, 410.

Lex Publicia de aleatoribus. See lex titia de alea­toribus.

Lex Publilia de sponsu. See actio depensi.

Lex Publilia Philonis. On admission of plebeians to censorship (339 b.c.) Henceforth, one of the censors had to be a plebeian.

Lex Publilia Philonis. On the auctoritas of the senate (339 b.c.). The law repealed the requirement that the senate approve (auctoritas') legislative enactments of the popular assemblies after their passage. From then on, approval was given in advance and thus became a mere formality. It is controversial whether the statute simply reiterated the provision of lex Valeria horatia to the effect that legal enactments voted by the plebeian assemblies (concilia plebis) were binding on all citizens, plebeians and patricians alike.—See auctoritas senatus, lex hortensia, SENATOR.

Rotondi, loc. cit. 226; G. W. Botsford, The R. assemblies, 1909, 299; Guarino, St Solazzi 1948; idem, Fschr Schuh 1 (1951) 461.

Lex Publilia Voleronis. (471 b.c.) Based the plebe­ian assembly and the election of plebeian magistrates on a territorial, tribal division.

G. Rotondi, loc. cit. 197; Niccolini, Hist 2 (1928) 12, 3 (1929) 184.

Lex Pupia. (57 b.c.) Prohibited meetings of the senate on the days on which popular assemblies were convoked.

Rotondi, loc. cit. 399.

Lex Quinctia. On aqueducts. (9 b.c.) Settled penal­ties for damages to aqueducts and other constructions connected with the water supply of Rome. The statute is preserved in the monograph of the Roman writer Frontinus (first century after Christ) “On the Water Supply (de aquis) of Rome.” The author was curator aquarum ( — commissioner for water supply).

Riccobono, FIR I² (1941) 152; Acta Divi Augusti 1 (1945) 154.

Lex regia. Justinian terms the so-called lex de im­perio by this name.—For the laws under the king­ship, see LEGES REGIAE.

Lex Remmia. (80 b.c.) See calumnia.

Hitzig, RE 3, 1415; Lindsay, CIPhilol 44 (1949) 241.

Lex Rhodia de iactu. Not a Roman creation. The Romans adopted it early from the Rhodians; at the end of the Republic it was already commented on by the Roman jurists. The law is based on the prin­ciple that when goods are thrown overboard to lighten a ship in distress, the loss is shared among all whose goods are saved. Robbery of merchandise by pirates does not come under the law.—D. 14.2.—See iactus.

Berger, RE 9, 545; Benedict, Yale Law Jour. 18 (1908/9) 242; Dareste, NRHD 29 (1905) 429; Kreller, Ztschr. fur das gesamte Handelsrecht 85 (1921) 257; G. Hubrecht, Quelques observations sur ^interpretation romaine de la I.R., 1934; De Martino, RDNav 1 (1935) 217, 3 (1937) 335, 4 (1938) 3.180; Lefebvre d’Ovidio, RDNav 1 (1935) 36; R. Zeno, Storia del diritto marittimo 1946, 22; Osu- chowski, Iura 1 (1950) 292; Wieacker, St Albertario 1 (1952) 515. For the Byzantine compilation of maritime law (eighth century), known as Nomos Rhodion Nau- tikos, see Ashburner, The Rhodian Sea-law, 1909; Perugi, Roma e I’Oriente 4 (1914) 9, 24, 140.

Lex Romana Burgundionum. (Ca. a.d. 500.) Be­longs to the so-called leges romanae barbarorum. It is a compilation of Roman legal rules for the use of the Roman citizens in Burgund. Its sources are the three Codices, Gregorianus, Hermogenianus and Theodosianus, some post-Theodosian Novels, and juristic writings of Gaius and Paul.

Berger, RE 12, 2406; Baviera, FIR 2^s (1940) 713; De Salis, Monumenta Germaniae Historica, Legum sectio 1, 2 (1892) ; H. Rüegger, Einflüsse des röm. Rechts in der L.R.B., Diss. Berne, 1949.

Lex Romana canonice compta. A collection of con­stitutions from Justinian’s Code, primarily concerned with ecclesiastical matters. It was compiled in Italy in the ninth century.

C. G. Mor, L.R.C.C., Pubbl. Univ. Pavia, 1927.

Lex Romana Raetica Curiensis. Also called Utinen- sis. (Of the late eighth or ninth century.) Built up on the pattern of the lex roman a visigothorum, for the use of Roman citizens in the Franconian state.

Berger, RE 12, 2406; Edition: Zeumer, Monumenta Ger­maniae Historica, Leges, 5 (1889).

Lex Romana Visigothorum. By order of Alarie II, king of the Visigoths, a compilation of Roman Law was made for the use of Roman citizens in the Visi­gothic state. The sources excerpted in the collection are the three Codes, Gregorianus, Hermogenianus and Theodosianus, the post-Theodosian Novels, Gaius’ Institutes and Paul’s Sententiae. The ex­cerpts from the Sententiae and the Theodosian Code are provided with paraphrastic and explanatory notes, interpretationes, of unknown origin, but not unim­portant for they often contain additional details. The Lex Romana Visigothorum is called also Bre­viarium Alaricianum (Alarici).—See interpreta­tiones AD CODICEM THEODOSIANUM, EPITOME GAI.

Edition: Haenel, L.R.V., 1949; Baviera, FIR 2² (1940) 655 contains excerpts of the Codex Gregorianus and Her­mogenianus, and two appendices of the lex-, Epitome Gai, ibid. 231. Translation: S. P. Scott, The Visigothic Code, Boston, 1910.—Bibl.: Berger, RE 12, 2407; Baudry, DS 1 (j.t/. Breviarium A.); Patetta, AG 47 (1891) 3; Calisse, AG 72 (1904) 143; Μ. Conrat, Breviarium A., 1903; idem, Die Entstehung des westgothischen Gaius, 1905; idem, Der westgothische Paulus, 1907; G. G. Archi, L’Epitome Gai, 1937; Lear, The public law in the Visig. Code, Speculum 26 (1951) 1; Bruck, 57 Arangio-Ruis 1 (1952) 202.

Lex Roscia. See equites.

Lex Roscia theatralis. (67 b.c.) Contained some rules about the distribution of seats in the theaters. The equites were seated behind the senators.—See LEX IULIA THEATRALIS.

Von der Mühll, RE 1A, 1126 no. 22.

Lex Rubria de Gallia Cisalpina. A charter for Gallia Cisalpina, issued before 42 b.c. when the territory was still a Roman province. Only chapters 30-33 are epigraphically preserved. The inscription is of paramount importance for the knowledge of certain legal institutions, such as operis novi nuntiatio and cautio damni infecti, as well as of the jurisdiction of municipal magistrates and some procedural questions (execution against confessi).

Edition: Riccobono, FIR I² (1941) 169 (Bibl.); Graden- witz, Versuch einer Decomposition des Rubrischen Frag­ments, SbHeid 1915; Berger, RE 12, 2412.

Lex Rupilia. (131 b.c.) Organized Sicily as a prov­ince. It is frequently referred to in Cicero’s orations against Verres.

Weiss, RE 12, 2413.

Lex Saenia. (30 b.c.) See lex cassia of 45 b.c. Acta Divi Augusti 1 (1945) 107.

Lex Salpensana. (a.d. 82-84.) A municipal consti­tution of the Latin municipium Salpensa. A part of the text, together with the lex malacitana, was found on a bronze tablet near Malaga in Spain. The sections of the two charters preserved inform us about municipal magistracies, manumission of slaves and appointment of tutors (Lex Salpensana), munici­pal assemblies, candidates in elections and voting, the administration of municipal funds, tax-farming, fines, and the like (Lex Malacitana). Some provisions are preserved in both charters.

Kornemann, RE 16, 614; Riccobono, FIR I² (1941) 202, 208; Schulz, St Solassi (1948) 451.

Lex Scatinia (Scantinia). Against stuprum cum mas­culo (= pederasty, 149 b.c.). The penalty was a fine of ten thousand sesterces.

Berger, RE Suppl. 7, 411; Weiss, RE 12, 2413.

Lex Scribonia. (About 50 b.c.) Excluded the acqui­sition of servitudes through usucapio.

Leonhard, RE 2A, 1826; G. Rotondi, Leges pubi, populi Romani, 1912, 414; Levy, 57 Albertario 2 (1950) 221.

Lex semiunciaria. (De fenore semiunciario, 367 b.c.) Reduced the fenus unciarium to half the former rate. See FENUS UNCIARIUM.

Berger, RE Suppl. 7, 394.

Lex Sempronia agraria. There were two agrarian laws under the name Sempronia: one of the tribune Tiberius Sempronius Gracchus of 133 b.c., the other of Gaius Sempronius Gracchus of 123 b.c.—See LEGES AGRARIAE.

G. Rotondi, loc. cit. 293 (Bibl. on the Gracchi, see also Rotondi, Scritti 1, 1922, 421), 307; Vancura, RE 12, 1169; Terruzzi, BIDR 36 (1928) and Ath 5 (1928) 85.

Lex Sempronia de abactis. (123 b.c.) A magistrate forced to resign his office by a decision of the people could not obtain another office.

Berger, RE Suppl. 7, 412.

Lex Sempronia de provocatione. (123 b.c.) Strengthened the rules regarding the appeal to the people (provocatio).

Cuq, DS 3, 1164.

Lex Sempronia frumentaria. (123 b.c.) A plebis­cite proposed by G. Sempronius Gracchus, introduced the distribution of grain (frumentatio) to all Roman citizens: five measures, modii, monthly at the fixed price of 6% asses. A later statute, lex Clodia (58 b.c.), restricted the distribution to needy people.

Rostowzew, RE 7, 173; Cardinali, DE 3, 239; Van Berchem, La distribution du ble ä la plebe rom._t Geneve, 1939.

Lex Sempronia iudiciaria. See equites (123 b.c.). Guenoun, Lt Girard 1 (1912) ; Fraccaro, RendLomb 52 (1919) 355.

Lex Sempronia. On interest. (193 b.c.) Provided that Roman statutes on interest in loan contracts should be also applied to transactions fictitiously (via fraudis) concluded with citizens of allied states (socii) in order to avoid the restrictions imposed on loan transactions among Roman citizens.

Berger, RE Suppl. 7, 412 (no. 5); Rotondi, loc. cit. 271.

Lex servilia de repetundis. (Ill b.c.) More severe than the previous laws on the crimen repetundarum. It was the first statute to introduce the loss of political rights as a penalty for repetundae.

Berger, RE 12, 2414.

Lex Silia de condictione. An early statute of un­known date which established the legis actio per con­dictionem for claims of a fixed sum of money (cer­tum).—See LEX CALPURNIA, LEGIS ACTIO PER CON­DICTIONEM.

Nap, TR 9 (1929) 62.

Lex Silia de ponderibus. (Date unknown, third cen­tury b.c. ?) Introduced penalties for magistrates who forged, or participated in a forgery of, weights or measures.

Riccobono, FIR I² (1941) 79.

Lex Tarentina. See lex municipii tarentini.

Lex Terentia. (189 b.c.) Gave the sons of freedmen citizenship optimo iure (with full rights).

Münzer, RE 5A, 652; Kübler, RE 9, 1545; Steinwenter, RE 13, 106.

Lex Thoria. An agrarian law of 119-118 b.c., often identified with the lex agraria of 111 b.c.

Vancura, RE 12, 1176; Rotondi, loc. cit. 318; Thompson, Classical Rev. 27 (1913) 23; Caspary, Klio 13 (1913) 84; Hardy, Jour, of Philol. 30, 32 (1909, 1912); D’Arms, Amer. Jour, of Philol. 56 (1935) 232.

Lex Titia de aleatoribus. A republican statute which allowed betting on sports in which the bravery (vir­tus) of the competitors was implied. The statute is mentioned (D. 11.5.3) together with a Lex Publicia and a Lex Cornelia the provisions of which are unknown.

Lex Titia. (43 b.c.) Introduced an extraordinary magistracy, a commission of three persons for the reorganization of the constitutional structure of the state, tresviri reipublicae constituendae causa (the first triumvirate was composed of Octavian, Antonius, and Lepidus). They were invested with full con­sular power for five years and with the right to appoint magistrates. The commission was appar­ently renewed by a statute of 37 b.c.

Lecrivain, DS 5, 412; De Villa, NDI 12, 1, 552; Stras- burger, RE 7 A, 519; Rotondi, loc. cit. 438.

Lex Titia. On tutorship (under Augustus, date un­known) ; see LEX IULIA ET TITIA.

Lex Trebonia. (448 b.c.) Introduced the election of ten plebeian tribunes in the concilia plebis.

Rotondi, loc. cit. 206.

Lex Tullia de ambitu. (63 b.c.) Proposed under the consulship of Cicero.—See ambitus.

Berger, RE 12, 2416.

Lex unciaria. See lex Cornelia pompeia.

Lex Ursonensis. See lex coloniae iuliae gene­tivae.

Lex Valeria de provocatione. (509 b.c.) At the very beginning of the Republic, this established the rule that a Roman citizen sentenced to capital or cor­poral punishment by a consul had the right of appeal to the people. The rule was confirmed by the Twelve Tables, which provided that the appeal had to be submitted to the comitia centuriata. The rule, ap­parently violated in later times, was repeated with severe punishments by a Lex Valeria Horatia (449 b.c.), again by a Lex Valeria (300 b.c.) and a cen­tury later by the leges porciae.—See provocatio.

G. Rotondi, loc. cit. 190; G. Pugliese, Appunti sui limiti dell’imperium nella re pressione penale, 1939.

Lex Valeria. On the abolition of kingship. (509 b.c.) Threatened with the death penalty anyone who would endeavor to promote the restoration of kingship.

Berger, RE Suppl. 7, 414.

Lex Valeria. On debts, issued in a time of economic crisis. (86 b.c.) Permitted the debtors to pay only one-fourth of their debts and freed them from the remainder. The statute, criticized later as turpissima lex ( = “a very bad law”), was in force only a few years.

Lex Valeria Cornelia, (a.d. 5.) See destinatio. Lex Valeria Fundania. See lex oppia.

Lex Valeria Horatia. See lex valeria de provoca­tione.

Lex Valeria Horatia. (449 b.c., on plebiscites.) Provided that “what the plebs assembled by tribes (tribu tim) ordered was binding on the whole people” (Livy 3.55).-------- See LEX PUBLILIA PHILONIS.

G. Rotondi, loc. cit. 203; Humbert, DS 1, 546; Guarino, Fschr Schulz 1 (1951) 461.

Lex Valeria Horatia. (449 b.c.) On the inviolability of the plebeian tribunes.—See sacrosancti.

Lex Valeria Horatia. (449 b.c.) On senatusconsulta. It ordered the deposition of senatusconsulta with the plebeian aediles in the temple of Ceres.

Lex Vallia. (Second century b.c.) Permitted the debtor in some cases of manus iniectio to resist immediate arrest by the creditor who laid hands upon him by repelling this gesture (manum repellere), and to defend himself without the aid of a guaranty (vindex).

Taubenschlag, RE 14, 1401; Berger, RE Suppl. 7, 416; G. Rotondi, loc. cit. 478.

Lex Varia. (90 b.c.) Punished for treason those who “by help and advice” (ope et consilio) induced an allied country to take up arms against Rome.

G. Rotondi, loc. cit. 339.

Lex Vatinia. See reiectio iudicis.

Lex venditionis. The conditions of sale in the case of bonorum venditio of an insolvent debtor. Gen­erally lex venditionis indicates a specific clause in a sale which differs from the normal provisions of such a contract.—See lex contractus.

Vazny, BIDR 40 (1932) 72.

Lex Vetti Libici. A statute of unknown origin and content. The name is preserved in an imperial con­stitution (C. 7.9.3.1) which notes the extension of that law to the provinces. The name is certainly corrupt. The law apparently dealt with the citizen­ship of freedmen, who before the enfranchisement were servi publici.

Leonhard, RE 12, 2417; Cuq, DS 3, 1167; G. Rotondi, loc. cit. 471.

Lex Vibia. (43 b.c.) Renewed the abolition of the dictatorship.—See lex antonia.

Lex Villia. Called annalis (180 b.c.). Fixed the minimum age for Roman magistrates: for consuls forty-three years of age, for praetors forty, for aediles curules thirty-seven. The interval of time between the tenure of two offices was settled at two years.

Humbert, DS 1, 270; Rotondi, loc. cit. 273; Fraccaro, CentCodPav (1934) 473; Afzelius, CIMed 8 (1947) 263.

Lex Viseilia. On freedmen (a.d. 24). Freedmen of a lower degree of citizenship (latini iuniani) ob­tained full Roman citizenship as a reward for six years’ service in the fire brigades (vigiles) of. Rome. Another provision of the law punished freed­men who falsely pretended to be free-born. Under the statute i freedmen were excluded from municipal offices, especially from the decurionate.—C. 9.21.

Leonhard, RE 12, 2418; Rotondi, loc. cit. 465; Schneider, ZSS 5 (1884) 245.

Lex Voconia. (169 b.c.) Contained several provisions concerned with the law of succession: (1) No woman could be heir (heres) to an estate having a value greater than a fixed amount on which the available historical sources do not agree (it was at least 200,000 asses). The restriction did not apply to intestate inheritance and to legacies, nor to testa­ments of Vestal virgins and of the flamen Dialis. (2) Admitted among female agnates only the sisters of the deceased to intestate succession. (3) No one person—male or female—could receive by legacy more than the heir (or all heirs together) instituted in the last will. This prohibition was also limited to larger estates, as above. The possibility remained of leaving the heirs very small portions in order to make numerous small legacies. The lex Voconia belongs, together with the former lex furia testamentaria and the later lex falcidia, to the statutes which by imposing limits on the amount of legacies, aimed at making inheritances more attractive to the heirs in­stituted and thereby discouraging their refusal of the testamentary inheritance, by which action all dis­positions of the testator would be frustrated (testa­mentum desertum, destitutum). On the other hand, the lex Voconia had a purpose of more social char­acter, namely to restrain the luxury of women in­heriting big patrimonies. The rule, mentioned above under 3, was superseded by the lex falcidia. The incapacity of women to be instituted testamentary heirs was somehow alleviated by the Augustan legis­lation on marriage and lost its practical significance no later than the beginning of the second century. An allusion to the motivation of the lex Voconia, unfavorable to women’s rights of succession is re­flected in the term Voconiana ratio.

Steinwenter, RE 12, 2418 (Bibl.); Kiibler, ZSS 41 (1920) 23; Brassloff, Studien zur rom. Rechtsgeschichte, 1925, 70; Cassisi, AnCat 3 (1950).

Libellaticus. See libellus libellatici. Libellensis. See scrinium libellorum.

Libellus. A small booklet (liber), a pamphlet. The term is applied to all kinds of petitions or letters addressed to the emperor or a high official. Syn. preces, supplicatio. Written complaints in civil or criminal matters (accusations) as well as written declarations (attestations, issued by an official or a private person) are also termed libellus. In the Roman civil procedure of the later Empire a libellus (= petition, complaint) of the plaintiff was the start of proceedings called per libellum.—See a libellis, epistula, and the following items.

V. Premerstein, RE 13; Thedenat, DS 4; L. De Sarlo, Il documento come oggetto di rapporti, 1935, 57.

Libellus accusatorius. A written accusation, ad­dressed to the competent official with the purpose of initiating a criminal trial against a person.—See ACCUSATIO.

Libellus appellatorius. See appello.

Libellus contestatorius. A petition by which a person appointed as a guardian requests to be released on the grounds of a legal excuse.—See excusatio.

Libellus contradictionis (contradictorius). A writ­ten reply by which one party to a trial contradicts the claims or facts presented by his adversary. In the libellary procedure (per libellum) libellus contra­dictionis is the defendant’s written reply to the libellus conventionis of the plaintiff.—See the next item. Betti, ACDR Roma 2 (1935) 152.

Libellus conventionis. A complaint addressed to the judicial magistrate (in provinces, to the governor) in which the writer presents the facts on which he bases his claim against the defendant. Thereupon the of­ficial authorizes the plaintiff to summon (with the assistance of a subordinate clerk of the court, exse­cutor), the defendant communicating the libellus con­ventionis to him. The defendant either recognizes the plaintiff’s claim or denies it in a written libellus contradictorius in which he assumes the obligation to appear before court.—See the foregoing item.

V. Premerstein, RE 13, 49; Mitteis, SbLeipz 1910, 61; Steinwenter, Fschr Hanausek (Abhandl. zur antiken Rechtsgesch. 1925) 36; idem, ZSS 50 (1930 ) 373, 54 (1934) 373; idem, SDHI 1 (1935) 132; idem, Fschr Wenger 1 (1944) 180; P. Collinet, Lo procedure par libelle (Ft historiques sur le droit de Justinien 4), 1932; Betti, AC DR Roma 2 (1935) 145 (Bibl.); Balogh, St Ricco- bono 2 (1936) 453.

Libellus dimissorius. (Appears only in the plural, libelli dimissorii.) See litterae dimissoriae, ap­pello.—D. 49.6.

Libellus divortii. See divortium.

Libellus familiae. {Liber patrimonii.) A book in which the whole property of the family (estate, slaves, valuable furniture, etc.) was recorded.

Libellus famosus. A pasquil, a lampoon. Syn. libellus ad infamiam alicuius pertinens (= defaming another person). According to the Lex Cornelia de iniuriis punishment was inflicted on the person who wrote (scripserit), composed* {composuerit) or edited (edi­derit) such a lampoon, even if the publication was made under another name or anonymously (sine nomine). Libellus famosus was also a letter ad­dressed to the emperor or an official containing malicious accusations against another person. If the letter was anonymous, it had to be burnt, without any investigation against the person defamed.—D. 47.10; C. 9.36.—See carmen famosum, lex Cor­nelia DE INIURIIS.

Pfaff, RE 13; v. Premerstein, RE 13, 29; Thedenat, DS 3, 1176; Anon., NDI 7.

Libellus inscriptionis. A written accusation of a crime brought against a person by an accuser (ac­cusator). It contained a detailed description of the wrongdoing and was used by the competent office as the basis for the registering of the case in the official records (see inscriptio). This initiated the inves­tigation and the criminal trial.—See libellus accu­satorius, INSCRIPTIO IN CRIMEN.

RE 13, 59.

Libellus libellatici. A petition addressed to the com­mission instituted during the persecution of Chris­tians by the emperor Decius, in which the petitioner (a Christian who, in fact, did not perform the pagan sacrifices) requested the issue of a certificate that he had made the appropriate sacrifices to the Roman gods. The certificate saved him from persecution.

V. Premerstein, RE 13, 46; Wittig, RE 15, 1280; P. M. Meyer, Die libelli der Decianischen Christenverfolgung, APrAW 1910, Abh. 5; Faulhaber, Zeitschr. fiir kath. Theologie 43 (1919) 439, 617; Knipfing, Harvard Theol Rev 16 (1923) 345; Bludau, Rom. Quartalschrift, Suppl. Heft 27 (Freiburg i. Br., 1931) ; H. Schoenaich, Die I. und ihre Bedeutung fiir die Christenverfolgung, 1933.

Libellus refutatorius. See refutatio, consultatio. V. Premerstein, RE 13, 59.

Libellus repudii. See divortium.

Libellus rescriptorum. See liber libellorum re- SCRIPTORUM.

Liber. A son. See Liberi (children).

Liber. (In juristic writings.) A book as a division of a written work. The jurists used to divide their writings into books (libri). The average size of a liber was from 1500 to 2500 lines, each of approxi­mately 35 letters. Gaius’ Institutes are divided into commentarii. A writing consisting of one book only = liber singularis.

P. Krüger, ZSS 8 (1887) 76.

Liber. (Adj.) Free. For liber in the sense of a free man, see liber (homo), libertas, status liberta- tis. Generally, according to the connection in which it is used, liber means free from any legal or factual restrictions; with reference to immovables = free from charges (servitudes, hypothec).—See civitates liberae.

Liber (homo). A free man, either a free-born (in- genuus) or a freedman (libertinus, libertus). A person is free-born when born of free parents, legally married, even when they were not free-born them­selves, but were free when the child was born. A child born of parents not married follows the con­dition of the mother. Ant. servus.

Liber Authenticorum. See novellae iustiniani.

Liber beneficiorum. See commentarii beneficio- rum.

Baudry, DS 1, 688.

Liber Gaii. See epitome gai.

Liber homo bona fide serviens. A free man who does not know his status as a free man and serves in good faith as another’s slave. This might happen when a free-born child was exposed by his parents (see exponere filium) and was treated by the person, who took him into his home, as a slave, or when a slave manumitted in a testament by his master, had no knowledge of his being freed. What such a person acquired at his “master’s” expense (ex re domini) or through his own labor belonged to the “master,” all other acquisitions, donations, and testa­mentary gifts were his. Good faith on the part of the master is also presumed. Different is the situa­tion of a free man who fraudulently (dolose) lets himself to be sold as a slave and shares the price with his accomplice who performed the sale. He loses freedom and becomes the slave of the buyer.— See INGENUUS MANUMISSUS, EX RE ALICUIUS.

Berger, Philologus 73 (1914) 69; idem, ZSS 43 (1922) 398; G. Dulckeit, Erblasserwille, 1934, 12, 79; G. Ciulei, L.h.b.f.s., Paris, 1941.

Liber libellorum rescriptorum. A collection of im­perial rescripts issued in legal matters and publicly exhibited (see proponere). Copies of single re­scripts could be made by private individuals. On request they were provided with an official clause confirming their correctness {descriptum et recogni­tum factum).

F. v. Schwind, Zur Frage der Publikation im röm. R., 1940, 169.

Liber patrimonii. See libellus familiae. Liber populus. See civitates foederatae.

Liber Syro-Romanus. An anonymous legal compila­tion of an unknown date (fifth century?) preserved in oriental versions (Syriac, Arabic and Armenian), presumably derived from a Greek translation of a Latin original. It deals primarily with laws of family, slavery, and inheritance and takes imperial legislation into account. The purpose of the com­pilation which in the various manuscripts shows different additions, is not quite clear. It would seem that it has been prepared for teaching rather than for the use of practitioners.

Editions: Bruns and Sachau, Syrisch-röm. Rechtsbuch aus dem 5. Jahrhundert, 1880; E. Sachau, Syrisch-römische Rechtsbücher 1 (1907). Latin translations: Ferrini, Opere 1, 397; Furiani in FIR I² (1940) 753.—Seidl, RE 4A, 1779; Mitteis, APrAW 1905; Ducati, BIDR 17 (1905); idem, Riv. di storia antica 10 (1906) ; Nallino, 57 Bonfante 1 (1929) and in a series of articles, now republished in Raccolta di scritti, 5 (1942) ; Volterra, RISG 88 (1951) 153 (Bibl.) ; Taubenschlag, Jour, of juristic papyrology 6 (1952) 103.

Libera facultas mortis. Permission granted by the emperor to persons condemned to death to evade execution through suicide. Provincial governors did not have this right. Syn. liberum arbitrium mortis. —See SUICIDIUM, MORTEM SIBI CONSCISCERE.

F. Μ. De Robertis, St di dir. penale, 1943, 89.

Liberalis. Concerning liberty. For liberalis causa {liberale iudicium), see causa liberalis.—See OPERAE LIBERALES, STUDIA LIBERALIA.

Liberalitas. Liberality, generosity. The term covers acts of liberality both by private individuals, magis­trates, and by the emperor as well (donations, distri­bution of money among the people, missilia, con­giarium; the coins or tesserae nummariae had the inscription ex liberalitate Augusti = by liberality of the emperor). Liberalitas occurs only when there is no reciprocal performance and no compensation. If a person is sued for the fulfillment of an obligation assumed by liberality, he could be condemned only to id quod facere potest, i.e., as far as his means allow, see beneficium competentiae. Syn. largitio.—C. 10.14.

Berve, RE 13; Pringsheim, St Albertario 1 (1952) 661.

Liberare (liberatio). Applied in the field of private law in different meanings. With regard to slaves it is syn. with manumittere (= to free); with regard to contractual or other obligations = to release the debtor either after payment or through an act of liberality (see legatum liberationis) ; with regard to things = to release a thing from a legal tie, e.g., from a servitude or from being pledged. Liberare creditorem = to satisfy a creditor. Liberare also indicates the release of a guardian from tutorship, or a curator from curatorship. Liberare refers to the emancipation of a son from paternal power, too. In criminal matters liberare = to absolve, to acquit the accused.—D. 46.3; 34.3; C. 8.42; 11.40.—See ACCEPTILATIO, SOLUTIO, MANUMISSIO, EMANCIPATIO, PER AES ET LIBRAM.

Cuq, DS 3; Meylan, St Riccobono 4 (1936) 287.

Liberi. Children, sons and daughters. In a broader sense the term embraces all descendants.—See ius LIBERORUM, INTERDICTUM DE LIBERIS EXHIBENDIS, TESTAMENTUM PARENTIS INTER LIBEROS.

Lanfranchi, StCagl 30, 2 (1946) 15.

Liberi iusti. See FILIUS IUSTUS.

Liberi naturales. See filius naturalis.—C. 5.27.

Liberorum quaerendorum (procreandorum) causa.

Procreation of legitimate children was the aim of a Roman marriage. At the registration of citizens (see census) the head of a family was asked whether he was living with a wife liberorum quaerendorum causa. Hence a woman married in iustae nuptiae = uxor liberorum quaerendorum causa.

Libertas. Liberty, freedom, the status of a free (see liber) person as opposed to slavery (servitus). In a broader sense libertas is “the power to live as you wish” (Cicero, Parad. 5.1.34). The following is the definition of the jurist Florentinus (D. 1.5.4 pr.) : “Libertas is the natural liberty of doing what­ever one pleases unless something is prohibited by force or law.” This definition was literally repeated by Justinian in his Institutes (1.3.1). “Freedom is inestimable” (D. 50.16.106), it cannot be evaluated in money. Trials in which the libertas of a person is involved = causa liberalis {iudicium liberale).— C. 7.22.—See status libertatis, favor libertatis, vindicatio in libertatem. Libertas with regard to immovables denotes freedom from servitudes.—See

USUCAPIO LIBERTATIS, ADEMPTIO LIBERTATIS, POSSES­SIO LIBERTATIS.

H. Kloesel, Libertas, Diss., Breslau, 1935; G. Lombardi, Concetti fondam, del dir. pubblico, 1942, 32; Wirszubski, L. as a political idea at Rome during the late Republic and early Prin cipate, 1950; Wenger, SDH I 15 (1949) 60; Biondi, Il diritto romano propagatore della libertà, Jus, n. s. 3 (1952) 266.

Libertas directa. See the next item.

Libertas fideicommissaria. Freedom granted to a slave through a fideicommissum. The slave becomes free when the heir fulfilled a formal manumission. Ant. libertas directa, when a testator freed a slave directly {“liber esto” = he shall be free) in his testament ; see manumissio testamento.

Libertas Latina. See latini iuniani, latinitas. Libertinitas. The status of a freedman {libertinus).

A free-born considered erroneously a freedman might defend his ingenuitas (the status of a free-born) before court; see ingenuitas.

Libertinus (libertina). A person born as a slave, but set free later by manumission (see manumissio), a freedman. Ant. ingcnuus ( = free born) and scrvus (=a slave). Freedmen were citizens, though en­joying fewer political rights than the free-born. They were excluded from magistracies and sacerdotal offices, and could not become members of the senate. Their right of voting in the popular assemblies was regulated to their disadvantage (exclusion from par­ticipation in comitia centuriata as long as they were based upon the organization of the army, since freed­men were not admitted to the service in the legions). Their social position, however, was not unfavorable because they were entrusted with confidential work in the household of their patrons. Their social es­teem increased even under the Principate since many posts in the imperial chancery, in the general admin­istration and in that of the imperial patrimony were confided to them, in particular to the emperor’s freed­men (see liberti caesaris). Hadrian introduced restrictions in the use of freedmen in important ad­ministrative positions in favor of persons of equestrian rank.—Inst. 1.5; C. 10.58.—See lex visellia, resti­tutio NATALIUM, LIBERTUS (Bibl.).

Steiner, RE 13; Lecrivain, DS 3; Sciascia, ND! 7; Bar­row, OCD 371; A. Μ. Duff, Freedmen in the Roman Em­pire, 1928; Gordon, The freedman’s son, J RS 21 (1931) 65.

Libertus. A freedman. The term is used of a freed­man in relation to the person who manumitted him (patronus, manumissor). A freedman is libertinus, but libertus of his ex-master. In a few texts libertus is used in sense of libertinus. Liberia = a freed­woman. For the relations between a freedman and his patron, see patronus, operae liberti, iudicium OPERARUM, OBSEQUIUM, INGRATUS LIBERTUS, BENEFI- CIUM COMPETENTIAE, BONORUM POSSESSIO INTESTATI, IN IUS VOCATIO, ADSIGNATIO LIBERTI.—Inst. 4.5 J 3.7 J D. 38.2; 3; C. 4.13; 6.4; 7; 10.58.

De Francisci, StSas 1 (1921) 39; Buckland, RHD 2 (1923) 293; H. Krüger, St Riccobono 2 (1926) 229; Bellelli, AG 116 (1936) 65; Pergreffi, Ricerche epigrafiche sui liberti, Epigraphica, 2-3 (1940-41); Lavaggi, SDH I 12 (1946) 115; idem, StCagl 30 (1946), StSas 21 (1947) ; idem, La successione nei beni dei liberti nel dir. postclassico, 1947; C. Cosentini, Studi sui liberti 1 (1948), 2 (1950); idem, AnCat 2 (1948) 235.

Libertus Caesaris (principis). A freedman of the emperor. The manumission of a personal slave by the emperor was a sign of particular confidence. Imperial freedmen obtained normally important posi­tions in the imperial palace and chancery and ac­quired at times great influence on state affairs and the imperial policy.

Libertus ingratus. See ingratus.

Libertus orcinus. A freedman manumitted in the testament of his master (see manumissio testa- mento). In classical law he was free from patronage since his former master was dead. In Justinian’s law, however, the manumitter’s son became his pa­tron with all the rights of patronage.

Loreti-Lorini, BIDR 34 (1925); Harada, ZSS 59 (1939) 498.

Libra. A balance. A libra was used in formal acts concluded per aes et libram.—See per aes et libram. L. Michon, Recueil F. Gcny, 1 (1934) 42.

Librarius. A slave who, in the service of a wealthy master, was charged with writing letters, copying books, and sometimes with bookkeeping. Librarius is also the technical term for a book-seller.—See SCRIBA.

Bilabel, RE 13; Lafaye, DS 3.

Libri. For some kinds of libri in the sense of records, registers, lists, see under liber, and the following items.

Libri ad edictum. Commentaries on the praetorian edict written by jurists. There were commentaries on the pre-Hadrian edict and after Hadrian on the edictum perpetuum as compiled by the jurist Julian; see EDICTUM PRAETORIS, EDICTUM PERPETUUM HADRIANI.

Libri ad Sabinum. See sabinus.

Libri censuales. A land-register for taxation purposes. Libri magistratuum. Lists of the annual magistrates (consuls, plebeian tribunes) were in use, seemingly, from the fifth century b.c. on.

Niccolini, Atti della Società linguistica di scienze e lettere, 5 (1926) 103.

Libri pontificum. See commentarii pontificum.

Libripens. The man who held the balance when a legal act was performed in the solemn form per aes ET LIBRAM.

Kiibler, RE 13 ; Kaser, RE 5A, 1025 ; Foligno, ND! 7.

Licentia. Freedom ; in a derogatory sense = boldness, licentiousness. With regard to magisterial power it is syn. with potestas, facultas.

Licere. To be permitted by law or custom. “Not all that is permitted (licet), is honest” (D. 50.17.144).

Licet. (Conj.) Although, even if. When used with a subsequent indicative, it is suspect as to its clas- sicality, especially when followed by a concession, introduced with attamen. The incorrect indicative may, however, originate from a copyist’s error -or a wrong resolution of an abbreviation. Likewise, quam- vis, followed by an indicative, is considered suspect. Guarneri-Citati, Indice³ (1927) 53, 72.

Licinnius Rufinus. A jurist of the third century, a pupil of Paul, author of an extensive work entitled Regulae.

Miltner and Berger, RE 13, 457 no. 151; H. Kruger, St Bonfante 2 (1930) 331; L. Robert, Hellenica 5 (1948) 28.

Licitari (licitatio). To bid at an auction.—See auctio, subhastatio.

Licitatio fructuum. See fructuum licitatio.

Licitus. What is permitted by law or custom. Hence licito iure = lawfully, legally (= licite). Licitus is used at times instead of legitimus, iustus. Ant. illi­citus.

Licium. See LANCE ET LICIO.

Lictores. According to an old Roman custom (of Etruscan origin), the king was preceded in his official appearance by twelve lictors carrying bundles of rods (see fasces) with a protruding axe-head as a symbol of the kind’s sovereignty and power over his subjects’ life and death. Under the Republic the use of lictors was preserved as a sign of magisterial power. A consul had twelve lictors, a dictator twenty-four, a praetor in Rome two, in the provinces six. The lictors were appointed by the higher magistrates and fulfilled lower official services, such as the convoca­tion of popular assemblies, the citation of individuals to appear before a magistrate and the arrest of crimi­nals by order of the competent magistrate. They assisted also at capital executions. Their principal duty was to escort the magistrate in public (marching before him = anteire) and to keep order wherever he appeared. Under the Principate they were or­ganized in professional associations {decuriae lie- toriae) with the addition of the office to which they were attached (e.g., decuria lictoria consularis).— See quinquefascales.

Kubler, RE 13; Lecrivain, DS 3; Treves, OCD; De Sanctis, R wist a di filologia, 1929.

Lictores curiati. Lictors, attendants of priests of higher rank.

Kubler, RE 13, 516.

Lictores denuntiatores. See denuntiatores.

Kubler, RE 13, 515.

Lignum. A wooden tablet, a testament written on a wooden tablet {tabulae testamenti).

Limes. The frontier of the state (sometimes specified by the name of the region, e.g., limes Aegyptiacus). Limes is also the free space between two neighboring landed properties, left for public use. In ancient times it had to be five feet wide (syn. fines, terminus). Fabricius, RE 13.

Limitaneus. Connected with the state boundaries. Milites limitanei = troops stationed in a frontier gar­rison. Agri limitanei = land on the frontier of the state for the maintenance of milites limitaneus.— C. 11.60.—See fundus limitaneus.

Linea. The line of descent from a common ancestor on the paternal or maternal side {linea paterna, materna). Linea transversa — the collateral line.— See LATUS.

Linteum. See lance et licio.

Linum. A thread with which the tablets of testament {tabulae testamenti) were bound and sealed. The testator’s tearing the linum was considered tanta­mount to his destruction of the will.

De Sarlo, AG 136 (1949) 102.

Liquere. To be clear, evident.—See iurare sibi non liquere.

Leonhard and Weiss, RE 13, 726.

Lis. “Indicates any suit {actio), either in rem or in personam” (D. 50.16.36). The term refers both to the trial and to its object. The parties to a lis {liti­gatores) are “enemies” {inimici), iurgium is also a legal controversy but of a less inimical nature. Syn. litigium.—See the following items, iusiuran- DUM IN LITEM, LITIS CONTESTATIO, DECEMVIRI STLITI­BUS IUDICANDIS, PRAEDES LITIS ET VINDICIARUM, CONSORTES LITIS.

Weiss, RE 13; Cuq, DS 3.

Lis deserta. See deserere, eremodicium.

Lis dividua. See exceptio litis dividuae.

Lis fullonum. A trial before three praefecti vigilum (a.d. 226-244) in which the guild of fullers claimed the exemption from water rates on the ground of ancient privileges and some religious consideration. The record of the trial is preserved in an inscription.

Recent edition: Arangio-Ruiz, FIR 3 (1943) no. 165 (Bibl.); Waltzing, DE 2, 405; W. Liebenam, Geschichte und Organisation des rom. Vereinswcsens, 1910, 239.

Lis infitiando crescit in duplum. See infitiari.

Lis moritur. See iudicia legitima. The term mors litis is a creation of Justinian’s.—See lis perit.

Kaser, RE 16; P. Tuor, Die mors litis im rom. Formular­proverfahren, 1906; Beseler, Beitrdge 4 (1920) 1; Boni­facio, AG 142 (1952) 34.

Lis pendens. See lite pendente.

Lite pendente. When a trial is still pending. During this time a supplication to the emperor concerning the object of the controversy was not admissible. The object of the trial = res litigiosa.—C. 1.21.

Lis residua. See exceptio litis dividuae.

Litem contestari. See litis contestatio.

Litem denuntiare. See laudare auctorem.

Litem suam facere. See iudex qui litem suam facit.

Liti se offerre. To accept the part of a. def endant in a trial involving the recovery of a thing {rei vindi­catio, hereditatis petitio) by a person who does not possess it. Usually behind this acceptance was de­liberate deception in order to cover the real pos­sessor of the thing and to give him the opportunity to usucapt it in the meantime. The dishonest de­fendant was, of course, not able to restore the thing, but he was liable for damages on the ground of his cautio iudicatum solvi which made him responsi­ble for fraud.—See possessor fictus.

Lenel, GrZ 37 (1910) 532; Maria, St Girard 2 (1913) 237; Kaser, ZSS 51 (1931) 101.

Litigare. To be involved in a civil trial. The term refers particularly to the stage in iure. Litigans = the party to a trial. Syn. litigator.—D. 44.6; C. 8.36.

Litigator (litigans). See litigare.

Litigiosus. See RES LITIGIOSA, LITE PENDENTE.—D. 44.6; C. 8.36.

Litis aestimatio. The evaluation in money of the thing claimed by the plaintiff to make possible a judgment in a sum of money (condemnatio pecu- niaria). When in a rei vindicatio the defendant refused the restoration of the thing claimed, it re­mained with him when he paid the litis aestimatio. He could now acquire ownership thereon since he was protected against a new claim for the recovery of the thing by an exceptio rei iudicatae.—See arbi­TRIUM LITI AESTIMANDAE, IUSIURANDUM IN LITEM.

Kipp, RE 1 ; Cuq, DS 3 ; Huvelin, Mèi Gérardin 1903, 319; E. Betti, Studi sulla litis a., 1-2, 1915; idem, La l.a. in rapporto al tempo nelle varie specie di azioni, 1919; O. Carrelli, L'acquisto della proprietà per La., 1934; A. Er- hardt, L.a. im rom. Formular pro zess, 1934; idem, ZSS 55 (1935) 36; M. Kaser, Quanti ea res est, 1935; Russo- Spena, RBSG 10 (1935) 548.

Litis contestatio. The final act in the proceedings in iure, by which, after the appointment of the judge (iudex), the controversial issues are established and submitted to the latter for the examination of the facts and for judgment. In the procedure of legis actiones the end of the first stage of the process took place before witnesses summoned by the phrase “testes estate” (=be witnesses); hence the term con-testatio. In the formulary procedure the litis contestatio was achieved by agreement of the parties about the formula. The concept that the litis con­testatio was of a contractual nature has been common opinion in the literature, since the parties gave their consent to surrender their controversy to the private judge. Among the manifold effects of the litis con­testatio the most important is that the plaintiff’s right to sue the defendant is “consumed” (actio consumi­tur) which excluded a second trial for the same claim; see bis idem exigere, eadem res. The de­fendant is protected, under specific circumstances, against a second suit by the law itself (ipso iure). In such cases the praetor could reject the second action (denegare actionem) immediately and, be­sides, the defendant might object to the identity of the second claim with that of the first trial. In other cases (iudicia imperio continentia, actiones in rem, actiones in factum) the defendant had to oppose a formal exception (in the formulary procedure) that the dispute at issue had been already the object of a litis contestatio (exceptio rei in iudicium deductae) or had been decided by a final judgment in a previous trial (exceptio rei iudicatae). After the litis con­testatio, the plaintiff’s claim became transmissible to his heir, even in those cases in which it was not hereditary before the litis contestatio being a strictly personal claim. Through litis contestatio the original obligation of the defendant was extinguished (tollitur obligatio) and transformed into an obligation, based on the litis contestatio itself, the substance of which was to fulfill the judgment debt (iudicatum facere) in case of condemnation. The legal situation at the time of the litis contestatio was decisive for the final judgment. With the disappearance of the bipartite procedure the litis contestatio lost not only its ex­ternal aspect but also its material effects. The term, however, occurs frequently in Justinian’s legislative work where it refers to the cognitio extra ordinem and the postclassical procedure. What was later called litis contestatio resembled somewhat the classi­cal litis contestatio; it was the moment when the jurisdictional officer “started” (coeperit) to hear the exposition of the case by the parties or their repre­sentatives: the narratio by the plaintiff, and the contradictio by the defendant. Legal consequences attached to the former litis contestatio became now connected with the final judgment itself.—C. 3.9.— See IUDICIUM ACCIPERE, ABSOLUTORIUS, EXCEPTIO, RES LITIGIOSA, EXCEPTIO REI IUDICATAE, PERIRE, SUS­CIPERE ACTIONEM.

Weiss, RE 13; Humbert, DS 3; R. De Ruggiero, BIDR (1905) 149; Gradenwitz, Fg Bekker 1907; Wlassak, SbWien 184 (1917), 194 (1920); E. Betti, Costruzione giuridica della consunzione processuale, 1919; Guarneri- Citati, BIDR 34 (1925) 163; Riccobono, ZSS 47 (1917) 65; Meylan, Mel Cornil 2 (1926) 81; M. Kaser, Restituere als Prozessgegenstand, 1932; E. Carrelli, La genesi del procedimento formulare, 1946, 17; Lavaggi, AG 134 (1947) 24; C. Gioffredi, Contributi allo studio del processo civ. rom., 1947, 65; Di Paola, AnCat 2 (1948) 253; Biscardi, RIDA 4 (=Mel De Visscher 3, 1950) 159; Bonifacio, St Albertario 1 (1952) ; Pugliese, Riv. di diritto proces­suale 6 (1951).

Litis denuntiatio. See denuntiatio litis.

Littera Fiorentina. See florentina.

Littera Pisana. See florentina.

Naber, St Bonfante 2 (1930) 289.

Littera vulgaris. See vulgata.

Litterae. A writing (opposed to spoken words, oratio), a letter (syn. epistula). A letter may be used for the conclusion of an agreement (contrahere) between persons not living at the same place. Illiterate per­sons (ignarus litterarum, ignorans or qui nescit lit­teras) are excluded from legal acts which require a written form. Justinian issued special rules for testaments of illiterate persons. “What has been written (litterae) on another’s material (e.g., charta — paper, membranae = parchment), even if written with golden letters, becomes his property” (D. 41.1.9.1).—See COMPARATIO LITTERARUM, IGNARUS LITTERARUM, EPISTULA.

Litterae. (With reference to official correspondence.) A letter issued by a magistrate or an imperial official in an official matter. Litterae also indicates an im­perial rescript; see rescriptum principis.

Litterae commendaticiae. A letter of recommenda­tion.

Litterae dimissoriae. A written report of a judicial officer to a higher court in the case of an appeal (see appellatio) concerning the controversy. It was to be presented to the appellate court by the appealing party. Syn. libelli dimissorii, apostoli.—D. 49.6.— See APPELLO.

Litterarum obligatio. (Obligatio litteris contracta.) An obligation which originates from a written docu­ment or from a written entry in an account-book. The ancient forms of litterarum obligatio became ob­solete already in classical times. In Justinian’s law there is a new form of obligatio litterarum. A scrip- tura carried an obligation if the writer acknowledged by writing that he owed a sum of money to a certain person. He could, however, during two years, object that he actually had not received the money.—Inst. 3.21.—See NOMINA TRANSCRIPTICIA, CODEX ACCEPTI, CHIROGRAPHUM, SYNGRAP1IE, EXPENSILATIO.

Steinwenter, RE 13; Messina-Vitrano, AG 80 (1908 ) 94; Binder, St Brugi 1910, 339; Riccobono, ZSS 43 (1922) 326; R. De Ruggiero, St Perozzi 1925, 369; Appert, RHD 11 (1932) 619; Gallet, RHD 21 (1942) 38; Erdmann, ZSS 63 (1943) 401; Brasiello, SDH I 10 (1944) 101; F. Bonifacio, Novazione, 1950, 53; Arangio-Ruiz, St Redenti 1 (1951) 12.

Litus maris. The seashore. It is a res communis omnium; consequently everybody may approach it and set his foot thereon. Its extension goes to the limits reached by the highest winter waves. Pearls, gems, etc., found on the seashore were subject to occupatio and became the property of the individual who found them. In some texts litus maris is listed among res publicae. A building constructed on a seashore belongs to the builder.—C. 12.44.—See MARE, OCCUPATIO.

Costa, Riv. dir. intern., 5 (1916) 337; idem, RendBol, ser. II, vol. 10 (1925-26); Maroi, RISG 62 (1919) 164; Biondi, St Perozzi 1925; Scherillo, Le cose (Lezioni), 1945, 71;

G. Lombardi, Ricerche in tema di ius gentium, 1946, 71, 90.

Locare ex ihtegro. (Syn. renovare locationem.) To renew a lease, to prolong an existing lease.—See LOCATIO CONDUCTIO.

Locatio conductio. A general term which covers various types of lease and hire. The contracting parties are: the locator (is qui locat = he who gives his thing, immovable or movable, in lease, who gives his material of, or on, which a work has to be done, or who lets out his services to another) and the conductor (is qui conducit rem, opus, operas = the lessee of another’s thing, the workman who engages himself to make a specific work, or he who hires another’s services). The locatio conductio is a con­tract, concluded by mutual consent of the parties (see consensus) and governed by good faith, hence the actions resulting from a locatio conductio, actio locati (ex locato) for the locator, and actio conducti (ex conducto) for the conductor in the case of non­fulfillment of the reciprocal duties, are actiones bonae fidei. For the various types of the locatio conductio see the following items. The compensation for using another’s thing or services (merces) was paid, as a matter of rule, in money, otherwise there was no locatio conductio but another kind of a contract (e.g., a sale or an innominate contract; see contractus innominati). There are specific rules concerning the rights and duties of the parties and their respon­sibility in the case of non-fulfillment. The normal rules could be changed by a special agreement be­tween the parties. It was held of locatio conductio that it was a contract similar to the sale (proxima emptioni); as a result many rules governing the sale were applied to locatio conductio.—Inst. 3.24; D. 19.2; C. 4.65; 11.71.—See locare ex integro, re­locate, RECONDUCTIO, MERCES.

Leonhard and Weiss, RE 13; Herdlitczka, RE Suppl. 6 (s.v. Micte) ; Cuq, DS 3; De Villa, NDI7; C. H. Munro, Locati Conducti, D.19.2, 1891; E. Costa, Locazione di cose, 1915; Maroi, Riv. ital. di sociologies 20 (1916) ; Brasiello, RISG 2-3 (1927-28); Olivier-Martin, RHD 15 (1936) 419.

Locatio conductio operarum. Hiring another’s labor, primarily manual work, since services rendered by intellectual professionals (physicians, lawyers, land­surveyors, teachers, architects, etc.), the so-called operae liberates, could not in classical law be the ob­ject of a locatio conductio, although under the Prin- cipate compensation for such professional services could be obtained in extraordinary proceedings (see HONORARIUM, ADVOCATI, MEDICI, AGRIMENSORES, operae liberales). Therefore, the expression op­erae quae locari solent (= which used to be hired) refers only to the labor of craftsmen, artisans and manual workers. The locator (the workman) has to perform the services as agreed upon by the parties and the wages must be paid to him if the performance of his services became impossible by a cause for which he was not liable (e.g., vis maior).—See im- PERITIA, MERCES.

Deschamps, Locare operas, Mel Gerardin 1907, 157; Berger, A labor contract of 164 A.D., CIPhilol 43 (1948) 231; F. M. De Robertis, Rapporti di lavoro, 1946; idem, Organizzazione e tecnica produttiva, 1946.

Locatio conductio operis (faciendi). A contract by which a person (conductor, redemptor operis) as­sumes the duty to perform a specific service or work on, or from, the material supplied by the employer. If the workman produces an opus out of his own material, it is a sale (emptio). Contracts of trans­portation of goods or persons is a locatio conductio operis; likewise building a house by a contractor on one’s ground, no matter who furnishes the materials, the contractor or a third person; locator is the owner of the ground (domum aedificandam locare). Death of the conductor dissolves the contract when the serv­ices were strictly personal and had to be performed by the conductor himself. The employer has to pay the wages (merces) agreed upon when the work per­formed corresponds to the provisions of the agree­ment. Approval by the locator or by a third person (adprobare) is often settled as a condition of the employer’s duty to pay the wages. The employer incurs the risk of the destruction of the work (even not yet approved) by an accident or when there was a delay in the approval by his fault.—See adprobare, FULLO, RECEPTUM NAUTARUM.

Schulz, GrZ 38 (1911) 21; Huvelin, RHD 3 (1924) 322; M. Boitard, Les contrats des services gratuits, 1941; De

ADOLF BERGER

Robertis, I rapporti di lavoro, 1946, 153; Solazzi, ACIVer 3 (1951) 315.

Locatio conductio rei. A lease of a thing, movable or immovable (a house, a plot of land), to be used by the conductor according to its economic and social utility. A lease is concluded for a fixed period of time (a rural property normally for five years) or in perpetuity (tn perpetuum, see emphyteusis). Full or partial sublease is generally admitted unless prohibited by the agreement. The lessee has no possession of the thing let; he, therefore, has no possessory protection through interdicts. The rent is paid in money (merces); only in a lease of land it may consist in a part of the proceeds (colonia partiaria). The lessor is liable to the lessee (the tenant) if the latter is evicted by a third person. It was customary that the lessor, when selling the im­movable, obliged the buyer to respect the lease and to leave the lessee on the spot until the lease expired. A renewal of the lease (relocatio) could be per­formed by an agreement of the parties to this effect or tacitly (relocatio tacita) when the lessee kept hold­ing the immovable and the owner did not object.— See INQUILINUS, INSULA, MERCES, COLONI PARTIARII, LOCATIO CONDUCTIO (Bibl.), HABITATIO.

V. Bolla, RE 18, 4, 2474; Berger, Wohnungmiete und Verwandtes in den Papyri, ZVR 29 (1913) 321; E. Costa, Locasione di cose, 1915; Pfluger, ZSS 65 (1947) 193.

Locatio sub hasta. A lease performed through a public auction.—See auctio, hasta.

Voigt, BerSdchsGPP 1903, 19.

Loco. (Used adverbially.) In the place of, e.g., heredis loco, domini loco, in the same legal situation as an heir (heres) or owner (dominus), to be treated legally as an heir or owner (not to be an heir or owner).

Loco plus petere. See pluris petitio.

Locuples. The rich, the wealthy, chiefly in landed property. Originally the term was applied only to land-owners, even of small parcels. Syn. in earlier times assidui, ant. proletarii. Later it embraced all kinds of riches (slaves, cattle, movables, money). In procedural language, he who has sufficient means to satisfy the claims brought against him or to be an appropriate surety for the defendant is considered locuples.

Berve, RE 13.

Locupletari (locupletior fieri). To enrich oneself to the detriment of another. “Natural equity requires that no one should enrich himself to the detriment of another” (D. 12.6.14). Such enrichment can be reclaimed under specific circumstances by certain actions (condictiones) in which the defendant is condemned in quantum (quatenus) locupletari f actus est (= to the extent of his enrichment) or in id quod ad eum pervenit (= of what were his earnings).— See pervenire ad aliquem.

[TRANS. AMER. PHIL. SOC.

F. Schulz, Die actiones in id quod pervenit, Diss., Breslau, 1905; Albertario, Studi di dir. rom. 4 (1947, several arti­cles of 1913-1914) ; G. Maier, Prätorische Bereicherungs­klagen, 1932; Frezza, NuovaRDCom 2 (1949) 47.

Locus. Distinguished from fundus (= piece of land, estate) as a part of the whole. Both urban and rural lands are called locus. A plot of land in the city with no building on it = area, in the country = ager. This terminology, however, is more strictly observed in juristic writings than in literary works and in­scriptions.—See controversia de loco, succedere IN LOCUM, USUS LOCI.

Kiibler, RE 13.

Locus profanus. See profanum.

Locus publicus. (Pl. loca publica.) A parcel of public land. It is property of the Roman people and is protected by various interdicts (interdicta) against violation by private individuals who might endanger its public character or its use by the people. —D. 43.7; 8; 9.—See interdicta de locis publicis, interdictum de loco publico fruendo.

Lecrivain, DS 3; G. Krüger, Die Rechtsstellung der vor- konstantinischen Kirche, 1935, 275.

Locus purus. A place which is neither locus sacer, nor sanctus, nor religiosus, and is consequently ne­gotiable through all kinds of transactions.—See the following items.

Locus sacer. A land or a building dedicated to the gods with the authorization of the senate or by a statute. Interdicts (interdicta) served the protec­tion of loca sacra.—D. 43.6.—See res sacrae, inter­dictum NE QUID IN LOCO SACRO.

Locus sanctus. See res sanctae.

Locus religiosus. A place where a dead person was buried by, or with the consent of, the owner. Ant. locus profanus.—D. 11.7; C. 3.44.—See res religio­sae, profanum, interdictum ne quid in loco sacro.

Taubenschlag, ZSS 38 (1917) 245; Kobbert, RE 1A (s.v. religiosa loca).

Logographus. A bookkeeper in a public office.—C. 10.71.

Longa consuetudo. See consuetudo.—D. 1.3; C. 8.52.

Longa possessio. In the language of Justinian’s com­pilers = USUCAPIO.—See PRAESCRIPTIO LONGI TEM­PORIS.

Longa praescriptio. See praescriptio longi tem­poris.

Longaevus usus. A usage, a custom, observed during a long period.—See consuetudo.

Longi (longissimi) temporis praescriptio. See prae­scriptio LONGI TEMPORIS.

Longum silentium. See silentium.

Loqui. To speak. See graviter loqui. With refer­ence to statutes, senatusconsulta, and praetorian edicts (“praetor loquitur” — the praetor says) loqui is pri­marily used to introduci ä literal quotation from the

enactment. Syn. {praetor, lex) dicit, ait. Quota­tions from a testament are preceded by the statement that the testator ita locutus est (= has so disposed). Syn. scribere.

LucereS. See RAMNES.

Berve, RE 13.

Lucra nuptialia. See nuptiae.

Lucrari. To gain, to derive a profit. Syn. lucrifacere. See FURTUM.

Lucrativus. See causa lucrativa, res lucrativae, USUCAPIO PRO HEREDE.

Lucrifacere. See lucrari.

Lucrosus. Profitable, advantageous. Ant. damnosus. Lucrum. A gain, profit. Ant. damnum. It is doubt­ful whether the wording of the saying “it does not conform to what is right and just {bonum et aequum) that one make a gain {lucrum) to another’s detriment nor that one suffer a loss to the profit of another” (D. 23.3.6.2) is of classical origin.—C. 12.61.—See COMMUNICARE LUCRUM CUM DAMNO.

Grünwald, Ordnung der die Worte lucrum, lucrifacere etc. enthaltenden Stellen der Digesten, Diss., Heidelberg, 1912. Lucrum cessans. See damnum emergens.

Lucrum facere. (Syn. lucrifacere.) See furtum.

Luctus. Mourning. During the time fixed for mourn­ing {tempus lugendi) after the death of her husband (ten months, later one year) the widow had to abstain from another marriage. One of the reasons was to avoid confusion about the paternity of a child born after the husband’s death {turbatio sanguinis = con­fusion of blood). She might, however, become en­gaged or marry with the emperor’s permission. If she had given birth to a child after the husband’s death, there was no restriction in time for a second marriage. No marriage prohibition existed for wid­owers. Persons who violated the mourning duties, which were obligatory after the death of a near rela­tive, were branded by infamy with all its procedural disadvantages (see infamia). Later imperial legis­lation brought even more severe sanctions for widows transgressing the pertinent rules by excluding them from inheritance, legacies, and other testamentary gains from the deceased husband’s estate.—See in­SPICERE VENTREM, SUBLUGERE.

Kubier, RE 13; Gachon, DS 3; Cuq, DS 2, 1401; Volterra, RISG 8 (1933) 171; Rasi, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 197.

Ludi. Public games, arranged on various occasions, of a spectacular character and of different nature (sportive, gladiatorial, theatrical = ludi scaenici, cir­censes). Some were organized by the state, on particularly solemn occasions, and were arranged by magistrates {aediles curules, later, from the end of the Republic on, by praetors) who were charged with the cura ludorum {sollemnium). The days on which public festivities {ludi publici) took place were con­sidered as feriae { = dies festi) on which every kind of labor was suspended. There were also spectacles of a more private character, arranged by high officials or candidates for magistracies in order to win the favor of the people.—C. 11.42.—See lex fannia, HONORARIUM, SENATUSCONSULTUM DE SUMPTIBUS LUDORUM.

Kubitschek, RE 1, 456, 462; Habel, RE Suppl. 5; v. Buren, OCD.

Ludi gladiatorii. For the condemnation to fight with gladiators as a penalty in criminal trials, see gladia­tores. This kind of penalty for minor criminal of­fenses {damnatio in ludum) does not appear in Jus­tinian’s codification since it was abolished in the fourth century. Another kind of condemnation was damnatio in ludum venatorium (a fight with wild animals) which existed still in Justinian’s time. Ludus gladiatorius is used also of a school of gladi­ators.—See senatusconsultum de sumptibus.

Ludi saeculares. Extraordinary public festivals, com­bined with religious ceremonies, and arranged for the celebration of the end of a saeculum (century) and the beginning of a new one. They were organized by priests, duoviri sacris faciundis.—See senatus­consulta DE LUDIS SAECULARIBUS.

Nilsson, RE 1A, 1696; Taylor, OCD' (s.v. secular games) ; Diehl, SbBerl 1932, 762; J. B. Pighi, De ludis saecularibus populi Rom., Milan, 1941; Wagenvoort, Mede- lingen der Kon. Nederl. Akad. van Wetenschappen, Letter­kunde 14, no. 4 (1951) 163.

Ludi venatorii. See ludi gladiatorii.

Ludicra ars. Histrionie art. Actors and actresses {qui ludicram artem exercent) were branded with infamy. Members of senatorial families were pro­hibited to marry actresses or actors, or persons whose parents acted on the stage. The ban goes back to the Augustan legislation on marriage (see iulia de MARITANDIS ORDINIBUS).

Luere pignus. (Or rem pignori datam.) To redeem a pledge by paying the debt.—C. 8.30.

Lugendi tempus. See luctus.

Luitio pignoris. See luere pignus.

Lumen. See SERVITUS LUMINUM, servitus ne lu­minibus OFFICIATUR.

Lustralis. Quinquennial, referring to a period of five years. Syn. quinquennalis {census, lustrum). For collatio lustralis, see aurum argentumque.

Lustratio. See lustrum.

Böhm, RE 13; Bouche-Leclercq, DS 3.

Lustrum. The religious ceremony performed at the end of a census. It was called also lustratio, and was followed by a review of the army, assembled on the field of Mars. Later lustrum denoted the quinquen­nial period between two subsequent registrations of the citizens; see census, censores.

Berve, RE 13; Otto, Rheinisches Museum für Philologie 7 (1916) 17.

Lusus aleae. See alea.—C. 3.43.

Luxuriosus. Luxurious. Living luxuriously might be a reason of declaring a person a spendthrift (pro­digus) and of placing him under cura prodigi.

Lytae. Students in the fourth year of studies in the law schools. After Justinian’s reform of the law curriculum, they studied ten books of the Digest con­cerned with family law, guardianship and law of inheritance.

Berger, RE 14; Cantarelli, RendLinc Ser. 6, vol. 2 (1926) 20.