Roman Law Terms with Letters N

Narratio. (In postclassical language.) The oral pres­entation by the plaintiff or his advocate of the facts and legal arguments on which he based his claim. The reply of the defendant =■ responsio, contradictio.

P. Collinet, La procedure par libcllc, 1932, 208.

Nasci. To be born. “Those who are born dead are considered neither born nor procreated” (D. 50.16.129). Nasci is used of fruits (see fructus) which proceed from the soil (in fundo). With refer­ence to legal institutions nasci is used of actions (actio nascitur — an action arises), interdicts, obligations, and the like, to which a legal situation under discus­sion gives origin. See INSULA IN FLUMINE NATA.

Nasciturus. A child not yet born (unborn). Syn. qui in utero (in the womb) est. There was a rule that “a nasciturus is considered born when his in­terests are taken into account” (D. 1.5.26).—See CONCEPTUS.

Anon., NDI 7; Stella-Maranca, BIDR 42 (1934) 238 Albertario, Studi 1 (1933, ex 1923) 1; C. A. Maschi, Con- cezionc naturalistica, 1937, 66; Jonkers, Figiliae Chris- tianae 1 (1947) 240.

Natalium restitutio. The privileges of a free-born, granted by the emperor to a freedman. All official posts accessible to free-born persons were open to the individual thus privileged. He could enter the or do equest er (the equestrian class, see equites) for which the status of a free-born was required.—D. 40.11; C. 6.8.

A. M. Duff, Freedmen in the R. empire, 1928, 72.

Natura. Nature of things, natural order, natural reality. Natura hominum (humana) = human na­ture. Natura (abl.) = naturally, in a natural way. Ant. contra naturam.—With reference to legal insti­tutions natura — the substance, the essential elements, the structure of an institution (contractus, obliga­tion's _t negotii, stipulations, emptionis, etc.). Theo­reticians among the law teachers coined this concept under the influence of philosophic ideas.—See the following items.

Gradenwitz, Fg Schirmer 1900, 13; R. Bozzoni, Suite cspressioni natura, naturalis..., 1933; C. A. Maschi, La concesione naturalistica del dir. e degli istituti giur. rom., 1937; Bartosek, 57 Albertario 2 (1952) 470.

Natura actionis. The juristic structure of a specific action with regard to its substantial functions. The term is probably of classical origin (Gaius), but it was expanded by Justinian’s compilers into a general conception of the nature of actions without regard to a specific action.

C. Longo, Si Scialoja 1 (1905) 607; idem, BIDR 17 (1905) 34; Pringsheim, SDHI 1 (1935) 73; C. A. Maschi, La concesione naturalistica, 1937, 73.98; P. Collinet, La nature des actions, 1947; Solazzi, BI DR 49-50 (1947) 346.

Natura contractus. Generally or with regard to a specific contract (as, for instance, natura deposit!, societatis, mandati), the juristic structure of a con­tract.

Rotondi, Scritti 2 (1922) 159; C. A. Maschi, La concesione naturalistica, 1937, 73.92; Pringsheim, SDHI 1 (1935) 73. Natura hominum (humana). The normal human na­ture, essential natural characteristics of mankind, moral or psychological attitudes of men. Natura hominum in specific circumstances may serve as a criterion for the juristic evaluation of an individual’s acting in a given instance, i.e., whether his act was or was not in accordance with human nature.

C. A. Maschi, La concesione naturalistica, 1937, 7.

Natura obligationis. The structure and function of an obligation in general or of a specific obligation.

C. A. Maschi, La concesione naturalistica, 1937, 82.

Natura rerum. The reality (existence) of things, all that exists in nature. “What is prohibited by nature of things is not admitted by any law” (D. 50.17.188.1). In rerum natura esse = to exist.

C. A. Maschi, La concesione naturalistica, 1937, 65.

Natura servitutis. The nature of a servitude. The natura servitutis is mentioned with regard to some servitudes, as, for instance, the indivisibility of the servitude iter is explained by its nature.

C. A. Maschi, La concesione naturalistica, 1937, 78. Naturale ius. See ius naturale.

Naturalis. Natural, by nature, connected with nature. For the various uses of the term which—not always for good reasons—have been supposed to have been introduced by the compilers, see the following items.

Guarneri-Citati, St Riccobono 1 (1936) 730 (Bibl.). Naturalis aequitas. See aequitas, ius naturale. Naturalis cognatio. Blood relationship among slaves.

Levy, Natural Law, in Univ, of Notre Dame Natural Law Proc. 2 (1949 ) 60 (=SDHI 15, 1949, 14).

Naturalis familia. The family to which one belongs by birth. Ant. familia adoptiva = the family into which one entered by adoption.

Naturalis filius. See filius naturalis.

Naturalis lex. Only mentioned once in juristic sources, namely, with regard to the prohibition of theft (fur­turn) by natural law (lege naturali, D. 47.2.1.3, simi­larly Cicero, de off. 3.5.21: contra naturam).

C. A. Maschi, La concesione naturalistica, 1937, 358. Naturalis obligatio. See obligatio naturalis. Naturalis possessio. See possessio.

Naturalis ratio. Natural foundation, conformity with nature, natural reason. The term is indicated as the basic component of ius gentium and appears at times as a ground of justification for certain, legal institutions or decisions in specific cases (= reason­ableness).

Koschembahr-Lyskowski, St Bonfante 3 (1930) 467; C. A. Maschi, La concesione naturalistica, 1937, 236; De Mar­tino, AnBari 7-8 (1947) 117; Kaser, ZSS 6S (1947) 219; Levy, Natural Law, Univ, of Notre Dame Natural Law Proc. 2 (1949, = SDHI 15, 1949); Bartosek, St Alber­tario 2 (1952) 474.

Naturaliter. By nature. Syn. natura (abi.). Natura­liter possidere = physical, corporeal possession.

Nauarchus. The captain of a vessel. Nauarchus classis = the commander of a fleet of the Roman navy; he had the privilege to make a formless testa­ment according to the military law (iure militari), as all soldiers had.—See testamentum militis.

Strack, RE 16, 1896.

Nauclerus. A shipmaster who effected the transpor­tation of men and goods for the state.—C. 11.2.— See NAVICULARII.

Kiesling, RE 16, 1937.

Naufragium. A shipwreck. It is considered as an unforeseeable accident; see casus, casus fortuitus. Pillage committed during a naufragium was punished with a penalty of the fourfold value of the goods robbed.—D. 47.9; C. 11.6.—See depositum mi­serabile.

Weiss, RE 16; Cuq, DS 4; Solazzi, RDNav 5 (1939) 253; De Robertis, St di dir. penale rom., 1943, 77.

Nauta. A shipowner. His liability for goods taken for transportation by agreement (receptum) was regulated in the praetorian Edict which showed par­ticular consideration for the interests of the owner of the transported goods. Syn. exercitor. In the same section of the Edict was settled the responsi­bility of inn-keepers (caupones) and stable-keepers (stabularii).—D. 4.9; 47.5; C. 11.27.—See receptum nautarum, navicularii.

Del Prete, NDI 7, 873, 875; Messina-Vitrano, Note in­torno alie asioni contro il nauta, 1909; M. A. De Dominicis, La clausola edittale salvum fore recipere, 1933; Mackin­tosh, JurR 47 (1935) 54; Carrelli, RDNav 4 (1938) 323; Solazzi, ibid. 5 (1939) 35; Brecht, ZSS 62 (1942).

Nauticum fenus. See fenus nauticum. Syn. nau­tica pecunia.

Navicularii. Shipowners whose primary business was the transportation of men and goods over the Mediterranean Sea. The navicularii were organized in collegia (associations). Under the Empire they enjoyed a particular protection by the government because of their importance in supplying Rome with food. Owners of larger vessels (of at least ten thousand modii tonnage) were exempt from munera. Roman citizenship was granted to navicularii of Latin status, the sanctions of the Lex lulia et Papia Poppaea were not applied to them, and women, own­ers of ships, were not subject to guardianship (tutela mulierum). The manifold privileges were strictly personal: they were granted the shipowners propter navem (because of the ship) and were denied to their sons and freedmen whether or not they were members of the professional association.

Stockle, RE 16 (Bibl.); Besnier, DS 4; De Robertis, Corpus navicular iorum, RDNav 3 (1937) 189; L. Schnorr v. Carolsfeld, Gesch. der juristischen Person, 1 (1933) 283; Gaudemet, St Solassi 1948, 657; Solazzi, RDNav 9 (1948) 45.

Navigium (navigatio). Navigation. For the pro­tection of navigation on public rivers through inter­dicts, see flumina publica. The protection was extended on anchoring- and landing-places (= sta- tiones) and in the use of roads after landing (iter). Navis. Any kind of a ship (boat, vessel) serving for the transportation of persons or goods on the sea, rivers and · stagnant waters. A ship might be the object of a legacy and of a usufruct. For problems connected with the use of a ship, see exercitor, GUBERNATOR, MAGISTER NAVIS, NAUTA, NAUFRAGIUM, NAVICULARII, IACTUS, NAVIGIUM, EXPUGNARE.----------------------------------------------------------------------- C.

11.4.

E. Gandolfo, La nave nel dir. rom., 1883; De Martino, RDNav 3 (1937) 41, 179.

Nec non. And also, and besides. The emphatic af­firmation, often strengthened by an et (etiam), is somewhat suspected of being non-classical because it occurs frequently in Justinian’s enactment.

Guarneri-Citati, Indice* (1927) 58.

Necare. To kill. “One who refuses alimony, is similar to one who kills” (D. 25.3.4).

Necessarii (necessariae personae). Relatives, kins­men.

Necessarius. See impensae, heres necessarius, HERES SUUS ET NECESSARIUS.

Necessitas. Necessity, exigency, compulsion.

Koschaker, ConfCast 1940, 180.

Necessitudo. The tie of relationship, kindred. Neces­situdo sanguinis (consanguinitatis) = blood relation­ship.—See NECESSARII.

Necti. To be bound, e.g., a person bound by an obli­gation (obligatione necti), or involved in a crime (crimine); a thing pledged as a real security (pig­nori, hypothecae).

Nefas. See fas.

Nefasti dies. See dies nefasti.

Negare. To deny; in procedural language with refer­ence to the defendant = to deny a* claim ; syn. infitiari. With regard to a magistrate who refused the plaintiff the action he demanded negare is syn. with denegare (actionem, petitionem).—See infitiari, denegare ACTIONEM.

Neglegentia. Negligence, omission. In the sources neglegentia is tantamount to culpa, and similarly graduated (magna, lata neglegentia). Precision in terminology is no more to be found here than in the field of culpa. One text declares (D. 50.16.226): “gross negligence (magna neglegentia) is culpa, magna culpa is dolus”; another (D. 17.1.29 pr., evi­dently interpolated) says: “gross negligence (dis­soluta neglegentia) is near to dolus (prope dolum).” In the saying “lata culpa is exorbitant (extreme) negligence, i.e., not to understand (intelligere) what all understand” (D. 50.16.213.2) neglegentia is iden­tified with ignorance. Some of these and other definitions concerning neglegentia are the result of interpolations by Justinian’s compilers.—See dili­gentia, REMOVERE.

F. H. Lawson, Negligence in the civil lazv, 1950. Negotia. See NEGOTIUM.

Negotiari. To carry on a business of buying and selling. See NEGOTIATOR.

Negotiatio. A commercial business (on a wholesale basis), the business of an inn-keeper, or a shipper.

Negotiator. A tradesman, a dealer who buys and sells merchandise, on a rather large scale. A slave, called negotiator, was the manager of his master’s business.

Negotiatores. Under the Empire negotiatores, who provided food for the capital, enjoyed special per­sonal privileges (exemption from munera). They had the right to be organized in associations (col­legia) and were treated in much the same fashion as shipowners (see navicularii) and other con­tractors of the government.—C. 12.34.—See con­sistentes.

Kornemann, RE 4, 444; Cagnat, DS 3; H. J. Loane, In­dustry and commerce in Rome, 1938.

Negotiorum gestio. (From negotia gerere.) The management of another’s affair or affairs without authorization by the person interested (dominus ne­gotii). By such action the negotiorum gestor bound himself to conduct the matter to the end and to return to the dominus negotii all that he gained or acquired (proceeds, fructus) from the transaction; on the other hand the latter was bound to reimburse the gestor for his expenses. The negotiorum gestio arose from situations when a person acted in the interest of another during the latter’s absence in order to defend the absent party’s rights. The essential circumstance was that the gestor acted without a mandate. If the dominus negotiorum later gave his consent (ratihabitio) or did not protest against the gestor’s meddling in his affairs, after he had knowl­edge thereof, the legal situation of the matter was considered a mandate. A further requirement on the part of the gestor was that he acted with the intention of serving the interests of another (animus negotia gerendi) and not of himself (sui lucri causa). Therefore there was no negotiorum gestio if he acted in order to execute a contractual duty of his own, fulfilled a moral duty, or made a donation. At any rate he had to abstain from acting prohibente domino, i.e., when the latter exactly forbade the gestor to act in his behalf. The negotiorum gestio created bilateral obligations although there was no agreement between the parties involved (quasi ex contractu). The dominus negotii might sue the gestor for recovery of the proceeds and for damages caused by an improper (fraudulent or culpable) management of the matter (actio negotiorum gestorum) \ on the other hand the gestor had an action for the reimbursement of his expenses (actio negotiorum gestorum contrario), even when his efforts reasonably made (negotium utiliter coeptum) remained unsuccessful. Postclassi- cal development and Justinian’s reforms obscured some details of the institution as they were in classical law; thus, in spite of an abundant literature some points are still controversial.—D. 3.5; C. 2.18; for neqotiorum qestio in the interest of a guardian.— D. 27.5; C. 5.45.

Kreller, RE Suppl. 7 (Bibl. 551); Huvelin, DS 4; Sca- duto, NDI 6 (s.v. gestione d’affari) ; G. Segre, StSen 23 (1906) 289; Peters, ZSS 32 (1911) 263; Partsch, St zur neg. g., SberMünch 1913; idem, Aus nachgelassenen Schrif­ten, 1931, 96; Riccobono, AnPal 3-4 (1917) 209, 221; Kiibler, ZSS 39 (1918) 191; Frese, Mel Cornil 1 (1926) 327; idem, St Bonfante 4 (1930) 397; Bossowski, BIDR 37 (1929) 129; Haymann, ACDR Roma, 2 (1935) 451; Ehrhardt, Romanistische Studien (Freiburger rechtsgesch. Abhandlungen 5) 1935; G. Pacchioni, Trattato della ge­stione d’affari, 3rd ed. 1935; Μ. Morelli, Die Geschäfts­führung im klas. röm. R., 1935; Sachers, SDHI 4 (1938) 309; Kreller, ZSS 59 (1939) 390; idem, Fschr Koschaker 2 (1939) 193; V. Arangio-Ruiz, Il mandato, 1949, 28.

Negotium (negotia). Any kind of transaction or agreement. Acts involving transfer of property are also covered by this term. Less frequently negotium refers to trials, civil and criminal. Negotia may also connote the economic activity of a person, his com­mercial, banking, or industrial business. Negotia ger ere (administrare) = to administer one’s own (or another’s) affairs. Some persons administer or co­operate in the management of affairs of others as his legally authorized representatives (tutores, cura­tor es) or in virtue of a special agreement (mandatum, locatio conductio operarum) as his mandatary, agent, institor, etc.—See NEGOTIORUM GESTIO.

P. Voci, Dottrina rom. del contralto, 1946, 47; G. Grosso, Il sistema rom. dei contratt?, 1950, 43.

Negotium absentis. A matter which concerns an absent person.

Negotium alienum. A business matter (an affair) of another person. Ant. negotium suum, proprium.

Rabel, 5/ Bonfante 4 (1930) 281.

Negotium civile. (In imperial constitutions.) A civil trial (litigation). Ant. negotium criminate = a crimi­nal trial.

Negotium forense. A judicial matter, a trial.—See FERIAE.

Negotium mixtum cum donatione. A bilateral trans­action with reciprocal but unequal performances, wherein one of the parties intending to make a dona­tion gave the other party a thing of much greater value than hp was receiving. Such a transaction was valid unless the parties thereby attempted to violate the laws concerning unlawful donations.—See dona­tio.

B. Biondi, Successione testamentaria, 1943, 717.

Negotium nullum (nullius momenti). A transaction which is legally invalid.

Negotium privatum. A private matter (transaction) ; ant. negotium publicum = a matter in which the state (populus Romanus) is concerned.

Nemirii res sua servit. See servitus.—D. 8.2.26.

Solazzi, Requisite e modi di costituzione delle servitii, 1947, 13; idem, SDHI 18 (1952) 223.

Nemo. Nobody, no one. The phrase nemo dubitat (= nobody doubts) is frequently employed by the jurists to indicate that the opinion presented is beyond any doubt. Syn. nullus.—In the following items some legal rules starting with nemo are given.

Nemo alieno nomine agere potest. In the field of civil procedure: one cannot sue in the name of an­other. In the procedure under legis actiones, repre­sentation of a party (lege agere) was inadmissible (D. 50.17.123). A few exceptions were, however, recognized, e.g., in favor of persons who were held in captivity by an enemy or were absent in the in­terest of the state. For the formulary procedure, see cognitor, procurator. In the field of private law the rule disallows concluding a legal transaction for another. Under ius civile nobody could act for an­other, every one must act for himself in acquiring an obligation or a right over a thing (per extraneam personam nobis adquiri non posse, Gaius, Inst. 2.95). The exclusion of direct representation was compen­sated by the services rendered by persons under power (sons, slaves) as the organs acting for their father (the head of the family) or master. The praetorian law promoted the acknowledgment of obligations con­tracted or acquired by representatives (actiones adiec- ticiae qualitatis, actiones utiles).—Inst. 4.10.—See EXERCITOR NAVIS.

Riccobono, TR 9 (1929) 33; idem, AnPal 14 (1930) 389.

Nemo alteri stipulari potest. No one can accept a promise by stipulatio on behalf of another” (D. 45.1.38.17; Inst. 3.19.19). This was a fundamental rule of the ius civile.—See the foregoing item.

Nemo damnum facit, nisi qui id fecit quod facere ius non habet (D. 50.17.151). No one inflicts a damage (sc. on another) unless he does something that he has no right to do.—See aemulatio, uti IURE suo, NEMO VIDETUR DOLO etc.

Nemo de improbitate sua consequitur actionem (D. 47.2.12.1). No one acquires an action through his dishonesty.

Nemo ex consilio obligatur. No one is obligated be­cause of counsel (he gave another).—See consilium.

Nemo fraudare videtur eos qui sciunt et consentiunt. See FRAUDARE.

Nemo invitus ad communionem compellitur (D. 12.6.26.4). No one is forced to have common prop­erty with another.—See communio.

Nemo invitus. For further analogous rules, see in­vitus.

Nemo plus commodi heredi suo relinquit quam ipse habuit (D. 50.17.120). No one leaves to his heir more rights than he had himself.—See heres.

Nemo plus iuris in alium transferre potest quam ipse habet (D. 50.17.54). See transferre.

Nemo pro parte testatus pro parte intestatus dece­dere potest (D. 50.17.7; Inst. 2.14.5). A decedent may not leave his property partly by testament, and partly by intestate succession. A testament must cover the whole estate. If the testator disposed in his last will of a part of his estate only, the rest does not pass on intestacy but the entire estate devolves to instituted heir or heirs. Exception to this rule was admitted in the case of a soldier’s testament.

Carpentier, NRHD 10 (1886) 1; P. Bonfante, Scritti 1 (1926, ex 1891) 101; E. Costa, Papiniano 3 (1896) 9; S. Solazzi, Dir. ereditario rom. 1 (1932) 212; Sanfilippo, AnPal 15 (1937) 187; Meylan, Fschr Tuor (Zürich, 1946) 179.

Nemo sibi ipse causam possessionis mutare potest (D. 41.2.3.19). See possessio.

Nemo (nullus) videtur dolo facere qui iure suo utitur (D. 50.17.55). No one who exercises his right is considered to act fraudulently.—See aemulatio, dolus.

Nepos. A grandson; neptis = a granddaughter. The term filii sometimes also comprises the nepotes.

Lanfranchi, StCagl 30 (1946) 15.

Neratius, Priscus. A remarkable jurist of the first half of the second century after Christ; member of the councils of Trojan and Hadrian. He was the last known head of the Proculian school (Procu- liani). He wrote casuistic works (Responsa, Epis- tulae), one work with the unusual title membranae, a collection of Regtdae, and a monograph De nuptiis (On marriage).

Berger, RE 16, 2549; G. Grosso, AT or 67 (1932).

Nerva, M. Cocceius. There were two jurists by this name, father (Nerva pater) and son (Nerva filius). The older (he died in a.d. 33) was head of the Pro­culian school (Proculiani) after Labeo. No specific work of his is known, but he is frequently quoted by later jurists. Little is known about his son, who was also of the Proculian school, and author of a monograph De usucapionibus (On usucaptions).

Arno, TR 4 (1923) 210 (on the father).

Nesennius Apollinaris. A disciple of the jurist Paul (third century).

Berger, RE 17, 68.

Nex. A violent death.—See ius vitae necisque.

Nexum. A legal institution of the ancient Roman law, mentioned in the Twelve Tables. Despite an ex­tensive modern literature the character of nexum has remained somewhat obscure. The sources show that already about the end of the Republic the jurists had no precise knowledge about it. It seems of the emperor’s family were also honored by this title.

Ensslin, RE 17.

Nobiles, nobilitas. There is no exact definition of these terms in ancient literature. Holders of the highest magistracies, their descendants and senatorial families formed a kind of an aristocratic social group, more in fact than in law. The distinction between nobiles and other people not belonging to the noble class (ignobiles) gradually superseded the earlier dis­tinction between patricians and plebeians.

Strasburger, RE 17; Lecrivain, DS 4; Brasiello, ND I 8; Meynial, St Fadda 2 (1906) ; Gelzer, Die Nobilitat der rom. Republik, Hermes 50 (1912) 395; Otto, Hermes 51 (1916) 73; A. Stein, ibid. 52 (1917) 564; Miinzer, Die rom. Adelsparteien und Adelsfamilien, 1920; Afzelius, CIMed 1 (1938) 40, 7 (1945) 150; Moebus, Neue Jahrb. fur ant ike Bildung, 1942, 275; K. Hanell, Das altrom. eponyme Amt, 1946, 19

Nocere. To do physical, economic, or moral harm, to be a hindrance. With regard to procedural meas­ures, as e.g., to exceptions, exceptio nocet = an ex­ception may be successful if opposed to the plaintiff’s claim.

Nocturnus fur. See fur diurnus, furtum.

Nolens. Unwilling. Nolente = without one’s consent, against one’s will. Syn. invito.

Nolle. To be unwilling, not to wish, to refuse (con­sent, acceptance, or to do something). Ant. velle. “He who has the right to exercise his volition (velle) may refuse (nolle),¹' D. 50.17.3.—See nolens.

Nomen. A personal name. A free-born Roman citizen normally had three names: praenomen (first name), nomen gentile or gentilicium (the name of the gens, the family group, to which he belonged) and cog­nomen (a surname, the third name in the order of the full name). Sometimes, two or more first names appear in literary or epigraphic sources; sometimes, the cognomen is missing or two cognomina are given as a special distinction. The three-name-system be­gins to disappear in the third century in favor of the one-name-system.—In juristic works several typi­cal names are employed to indicate fictitious persons in a legal case, where the parties are men, Titius, Lucius Titius, Gaius, Sempronius, Maevius, Seius, etc., where women, Titia, Gaia, Sempronia, Seia, etc., where slaves, Stichus or Pamphihis. A plaintiff often appears as aulus agerius, a defendant as numerius negidius. In some texts the real names of the liti­gants appear which indicates that a real case is under discussion. Freedmen retained the name they had as slaves, but adopted the nomen gentilicium of their patron.

Fraenkel, RE 16, 1648 (s.v. Namenwesen); Morel, DS 3; Augustinus, De nominibus propriis in Pandectis, in Otto, Thesaurus iuris R., 1 (1790) 259; Schultze, Geschichte der rom. Eigennamen, Abh. Gottingische Gesellschaft der Wissenschaften, 1904; B. Doer, Untersuchungen sur rom. Namensg ebung, 1937.

Nomen. Refers to the name of an author of a book or pamphlet. Hence sine nomine edere librum = to publish a booklet (a defamatory pamphlet) anony­mously. Sub nomine = a (true or false) name under which a book is published.

Nomen. With reference to things, the nomen (— de­nomination, appellation) is distinguished from the thing itself (corpus). “An error in the naming of a thing does not matter if the identity of the thing itself can be established” (D. 18.1.9.1).—See error nominis, demonstrate falsa. It was customary to denote a plot of land by a name (nomen fundo imp oner e). The jurists use for the specification of a land typical fictitious names, such as fundus Corne­lianus, Sempronianus, Titianus, etc.

Nomen. In criminal procedure, see accusatio (for nomen def err e), nomen recipere.

Nomen. In contractual relations, a demand, a claim. Syn. ere di turn, res credita. “The term nomen refers to any contract and obligation” (D. 50.16:6 pr.). Collocare pecuniam in nomina (nominibus) = to in­vest money in loans. See collocare.—See legatum NOMINIS, NOMINA ARCARIA, NOMINA TRANSCRIPTICIA, NOMEN FACERE, PIGNUS NOMINIS.

Nomen actionis. The name of an action. “When commonly used names of actions are lacking, it must be sued praescriptis verbis¹¹ (D. 19.5.2).—See actio PRAESCRIPTIS VERBIS.

Nomen alienum. See alieno nomine, nemo alieno nomine. Ant. nomen suum, nomen proprium.

Nomen dare militiae. See militia.

Nomen deferre. See accusatio.

Nomen facere. To make an entry in an account-book concerning a loan given to a person, hence to grant a loan.

Erdmann, ZSS 63 (1943 ) 396.

Nomen falsum. A false name. Assuming a nomen falsum for fraudulent purposes (e.g., for claiming rights of succession) is punished as crimen falsi.— See FALSUM.

Nomen gentilicium. See gens, nomen.

Pulgram, The origin of the Latin n.g., Harvard St Ciass Philol 58 (1948) 163.

Nomen Latinum. See latinum nomen.

Nomen proprium. The proper name of a person; see NOMEN SUUM.

Nomen recipere. To enter the name of an accused person in the official record. Through such an act a criminal trial, initiated by a formal accusation of an accuser (nomen deferre, nominis delatio), was in­stituted after an investigation had been made by an official organ. Syn. (later) inter reos recipere.— See accusatio.

Taubenschlag, RE 17; Eger, RE (receptio nominis) 1A; Wlassak, Anklage und Streitbefestigung im Kriminalrecht, Sb Wien 184 (1917) 6.

Nomen suum. Suo (proprio) nomine agere = to act (to sue) for one’s own sake, on behalf of oneself. Ant. alieno nomine.

Nomenclator. A slave whose duty was to remind his master canvassing for electoral votes of the names of influential persons. He used to accompany his master· in public during the electoral period.—See candidate Bernert, RE 17; Fabia, DS 4.

Nomina arcatria. Entries in the cash-book of a Roman citizen concerning payments made from or to the cash-box (area), primarily connected with loans given or repaid. The entries served as evidence that a debt had been contracted (e.g., through stipulatio), but they were not as such considered to constitute a literal contract, i.e., to create an obligation by them­selves.

Weiss, RE 17.

Nomina trans(s)cripticia. Entries (transcriptiones) in the cash-book of a Roman citizen stating debts owed to him and payments made thereon. Usually tran­scriptiones were made to convert a pre-existing debt into a literal contract which relieved the creditor from the burden of proving the origin of the debt. The essential elements of a transcriptio are the discharg­ing of an old debt and the contracting of a new one. There were transcriptiones a re in personam (from the thing to a person) when the receipt of an old debt is entered and the same debtor is charged with a new entry, and transcriptiones a persona in per­sonam (= from one person to another) when a debt still due is entered as owed by another person who assumed the debt of the former debtor. The nomina transcripticia comprised only money debts, the entries being made under a special system of bookkeeping and with the consent of the debtor. A transcriptio created an obligatio litteris (= a “literal” obligation) which substituted an earlier obligation originating from a sale, a partnership or another contract. Cash­books ceased to be used by private individuals in the third post-Christian century, but they remained in use by the bankers.—See codex accepti et expensi, OBLIGATIO LITTERARUM (Bibl.), NOVATIO, EXPENSI­LATIO.

Steinwenter, RE 13, 787; Kunkel, RE 4A, 1887; Weiss, RE 17; Huvelin, DS 4; Aru, NDI 3, 223; Platon, NRHD 33 (1909) 325; Appert, RHD 11 (1932) 639; Arangio- Ruiz, Si Redenti 1 (1951) 12.

Nominare. To appoint (a guardian, an heir in a testament), to mention by name (nominatim enume­rare). In criminal matters = to denounce, to accuse a person of a crime.—See nominatio.

Nominatim. By name (to indicate a person by his name), exactly.—See exheredare, convenire, tu­TELA TESTAMENTARIA.

U. Robbe, I postumi, 1937,. 232; Grosso, SDH I 7 (1941) 147; Lepri, Scr Ferrini 2 (Univ. Sacro Cuore, Milan, 1947) 107.

Nominatio. (In public law.) The presentation of candidates for magistracies to the senate by the em­peror. Subsequently, the senate completed the elec­tion formally by a confirmation of the emperor’s pro­posals. In the election of municipal magistrates which was effected by the people and in later times by the municipal council, the candidates designated by the highest municipal magistrates might propose (nomi­nare) another candidate. With reference to elections in colleges of pontiffs, augurs, etc., nominatio meant the proposal of candidates by the members of the college. The election was made by the comitia tributa among the candidates nominated.

Kiibler, RE 17. '

Nominatio auctoris. See laudare auctorem.

Nominatio potioris. A guardian who was appointed by a magistrate (in the absence of a testamentary tutor and one called by law, tutor legitimus) might, in later classical law, propose (nominare) another in his place as better qualified (potior) to serve the interests of the ward either because of his relationship with the ward or in virtue of his better financial position. A nominatio potioris was also possible in the field of public charges (see munera) to the effect that a person summoned to assume a public service (munera civilia) could propose in his place a better qualified one. Details are unknown.—C. 10.67.

Kiibler, RE 17, 828; Sachers, RE 7A, 1534; Solazzi, RISG 54 (1914) 23.

Nominatio tutoris. In later classical law syn. with datio tutoris.—See tutela.

Nominator. A person who exercised his right of nominatio by proposing another for tutorship or a magistracy (particularly in municipalities).—D. 27.7; C. 11.34.—See NOMINATIO POTIORIS.

Nomine. (Abl.) On account of, for the sake of. The use of the word is very frequent in juristic language. It is connected with a noun in the genitive (filii, domini, pupilli, emptoris, absentis, etc.) denoting the person for whom one is acting or with an adjective (alieno, suo, proprio, meo nomine). See alieno nomine. The phrases refer primarily to acting as another’s representative in court. Such relationship is more explicitly expressed by locutions such as cognitorio, procurator™ nomine; see cognitor, pro­curator. Nomine alterius may sometimes mean “because of another, for the fact done by another,” as in the case of actiones noxales or the so-called actiones adiecticiae qualitatis (see exercitor navis). With regard to things or rights (e.g., hereditatis, pig­noris, ususfructus, usurarum nomine) nomine is syn. with alicuius rei causa and propter aliquam rem ( = because of), and indicates the title under which a person claims anything from another.

Nominis delatio. See accusatio.

Nomocanones. Compilations of ecclesiastical canons collated with the pertinent imperial constitutions ex­cerpted from Justinian’s codification, including the Novels. An extensive collection of this kind is the Nomocanon Quinquaginta Titulorum (in 50 titles), compiled probably in the first half of the seventh century, and dealing with ecclesiastical matters, mar­riage, penal law, and some procedural institutions (witnesses, oath). A similar collection is the Nomo­canon Quattuordecim Titulorum (in 14 titles) which was several times revised, the last edition being by Theodoros Balsamon in the twelfth century). These Greek collections are of importance for textual recon­struction of a number of imperial constitutions.—See anonymus.

Editions: Voellus and Justellus, Bibliotheca iuris canonici veteris 2 (1869 ) 603, for N. 50 tit.; Pitra, Juris eccles. historia et monumenta 2 (1868) 433.—Zachariae v. Lingen- thal, Die griechischen N., Mem. Acad. St.-Petersbourg, Ser. 7, vol. 23 (1877); De Clercq, Dictionnaire de droit canonique 3 (1935) 1171.

Nomos georgikos. An official Byzantine compilation (in Greek) of the agrarian law of about the middle of the eighth century, “selected from Justinian books.” Mortreuil, Histoire du dr. byzantin 1 (1843) 393; Zacha­riae v. Lingenthal, Gesch. des griechisch-rdm. Rechts, 3rd ed. 1892, 249. Editions: Ferrini, Byzantinische Ztschr. 7 (1898) 558 (-Opere 1, 1929, 376); Ashburner, The farmers’ law, Jour, of Hellenic St 30 (1910) 85.—A. Al- bertoni, Per una esposizione del dir. bizantino, 1927, 50; Bach, CIMed 5 (1942) 70; Dolger, Fschr Wenger 2 (1945) 18; De Malafosse, Recueil de I’Acad, de Legislation 19 (Toulouse, 1949).

Nomos Rhodion nauticos. The maritime law of the Rhodians, “selected from Book 14 of the Digest,” as the title of this official codification of the eighth cen­tury indicates.—See lex rhodia de iactu.

Pardessus, Les lois maritimes 1 (1828) 231; J. B. Mor­treuil, Histoire du droit byzantin 1 (1843) 398; Zachariae v. Lingenthal, Gesch. des griechisch-rdm. Rechts, 3rd ed. 1892, 313; Dareste, Etudes d’histoire de droit, 3. ser. 1906, 93; W. Ashburner, The Rhodian Sea Law, 1909; A. Al- bertoni, Per una esposizione del dir. bizantino, 1927, 51; Siciliano-Villanueva, Enciclopedia giur. ital. 4 (1912) 41. Nomos stratiotikos. An official Byzantine compila­tion of military law in wartime, published about the middle of the eighth century based primarily on legal sources of Justinian’s time.

J. B. Mortreuil, Histoire du droit byzantin 1 (1843) 388; Zachariae v. Lingenthal, Geschichte der griechisch-rdm. Rechts, 3rd ed. 1892, 17; idem, Byzant. Ztschr. 2 (1893) 606, 3 (1894) 437.

Non liquet. See iurare sibi non liquere, ampliatio.

Non· usus (non uti). Making no use, not exercising one’s rights. The failure of a person, entitled to a servitude or a usufruct, to exercise his right over an­other’s property during a specified period, might pro­duce the loss of said right. With regard to a usufruct the prescriptive time was one year for movables, two years for immovables.—See usucapio libertatis.

Grosso, 11 Foro ital., 62 (1937) part IV, p. 266; B. Biondi, Servitu prediali, 1944, 191; Branca, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 169.

Nonnumquam. See interdum.

Guarneri-Citati, Indice* (1927) 61.

Norma. (In the language of postclassical and Jus­tinian’s constitutions.) A legal principle, a norm.

Wenger, Canon, Sb Wien 220, 2 (1942) 70'.

Noster (nostrum). What belongs to “us,” what is “ours.” “What is ours cannot be transferred to another without an act of ours” (D. 50.17.11).

Noster. When connected with an emperor in a juristic writing {princeps noster, imperator ndster) it refers to the still reigning emperor. Such allusions allow us to establish the date of composition of a j uristic work. Ant. divus, which refers to an emperor no more alive.

Nostra urbs (civitas). In the works of the jurists this means Rome.

Nota censoria. The disqualification of a citizen decreed by the censors for bad behavior in family life, blame­worthy treatment of children, clients, or slaves, neglect of sacred duties, living in luxury, or offenses against good faith in the exercise of the duties of a guardian or a partner. Similarly, misdemeanor in office, bri­bery of judges or magistrates, and many other offenses could be stigmatized by the nota censoria with the result that the individual censured would be removed from the senate or from the centuriate or tribal or­ganizations (tribu moveri) or reduced to the status of an aerarius. The notatus was branded with igno­miny (ignominia), but not with infamy (see in­famia), and he was therefore not excluded from military service, from judgeship in a civil trial, and, indeed, in certain circumstances he might even com­pete for a magistracy.—See regimen morum, cen- SORES, TRIBUS, SUBSCRIPTS CENSORIA.

Kübler, RE 17; C. Castello, Studi sul diritto familiäre, 1942, 85.

Nota consularis. The decree of a consul excluding a person from the competition for a magistracy, after examination of his personal and moral qualifications.

Notae. Stenographic symbols, shorthand writing. A testament in shorthand writing is not valid, because “notae are not letters” (D. 37.1.6.2). Only a soldier was permitted to make such a testament.—See ex­ceptor.

Notae. Commentatory annotations to the edition of a work of an earlier jurist. Such more or less exten­sively annotated editions often contained not only remarks of the annotator which at times did not agree with the opinion commented on, but also citations from other jurists and imperial constitutions. Notae were richly excerpted by the compilers of the Digest and indicated as such (“Paulus notat” or simply by the name of the annotator). On the other hand, however, the compilers often adopted only the opin­ion of the commentator disregarding the original opinion of the jurist commented on. Many promi­nent jurists contributed notae to the works of their predecessors; some of the latter have remained ob­scure. Thus, for instance, Julian wrote Notae to two little known jurists, Minicius and Urseius Ferox. Among the most important Notae are those of Mar­cellus to the Digesta of Julian, and of Scaevola to the Digesta of Julian and Marcellus. Paul annotated works of several earlier jurists. The imperial legis­lation treated the notes by Ulpian and Paul to the works of Papinian (in Papinianum) in a rather strange fashion: they were invalidated by Constantine äs “depraving” the jurist’s opinions. This was seem­ingly a tribute to the great jurist Papinian and his work. The ban was repeated in the so-called Law of Citations (see iurisprudentia) although both Ulpian and Paul appear there among the distinguished jurists. Justinian, however, declared the notae in question valid and permitted their acceptance into the Digest.

Berger, RE 10, 727, 1175; Balogh, Et Girard 2 (1913) 422; H. Krüger, St Bonfante 2 (1930) 303; Massei, Scr Ferrini (Univ. Pavia, 1946) 43; Sciascia, AnCam 16 (1942-44) 87; idem, BI DR 49-50 (1947) 410.

Notae iuris. A collection of abbreviations (by initials) of legal formulae and phrases used in the legis ac­tione s, the praetorian Edict and documents. The collection is generally (but not unanimously) ascribed to Valerius Probus, a grammarian of the second half of the first post-Christian century.

Edition: Baviera, FIR l^a (1940) 453.—P. F. Girard, Melanges 1 (1912) 177; P. Krüger, Mel Girard 2 (1912) ; Orestano, BIDR 43 (1935) 186.

Notare. Used in all the meanings of notae; see the foregoing items. Hence notare — to remark, to com­ment on, to correct, to blame, to reprimand.

Sciascia, BI DR 49-50 (1948) 429.

Notarius. A person, usually a freedman or slave, skilled in shorthand writing; in the later Empire notarius is syn. with scriba. In the imperial chan­cery of the later Empire there was a confidential secretariat of the emperor, called schola notariorum, headed by the primicerius notariorum. His deputy had the title tribunus et notarius. Both were among the highest functionaries of the state.

Lengle, RE 6A, 2452; Morel, RE Suppl. 7, 586; Lecrivain, DS 4.

Nothus. (From the Greek nothos.) See spurius. The term appears in literary (non juristic) works. Lanfranchi, StCagl 30 (1946) 30.

Notio. The examination (investigation) of a case. The term refers sometimes also to jurisdiction, but generally the phrase is cuius de ca re notio est means the official (magistrate) competent to examine the controversy in question.

Falletti, Evolution de la jurisdiction civile, 1916, 143.

Notitia. Knowledge. The word appears in the defini­tion of iurisprudentia as “the knowledge of divine and human matters” (divinarum atque humanarum rerum notitia, D. 1.1.10.2). Ulpian attributes to the jurists notitia boni et aequi (D. 1.1.1.2).—See ius EST ARS BONI ET AEQUI.

Notitia. (In later imperial constitutions.) A list, a catalogue. To an imperial constitution of a.d. 337 (C. 10.66.1) a notitia ( = brevis) was annexed enu­merating professionals who were exempt from public charges (munera).—See laterculum.

Notitia dignitatum. A list “of all high offices, both civil and military, in the Eastern (Oriens) and West­ern (Occidens) parts” of the Empire. The list con­tains the titles of the high functionaries, those of their staff officers, an enumeration of military units and their garrisons, and besides, illustrations of civil and military insignia. The work is ascribed to the end of the fourth or the beginning of the fifth century.

Editions: O. Seeck, N.d., 1876. E. Bocking, in two vol. (1839, 1853); Polaschek, RE 17; Mattingly, OCD; Bury, JRSt 10 (1920) 133; Lot, Rev. des Etudes ancicnnes, 25 (1923); Salisbury, JRSt 17 (1927) 192.

Notoria. A written denunciation of a crime, made by a police official or a private informer (nuntiator).— See INDICIUM, NUNTIATORES.

Novae clausulae. New rules added by a praetor to the edict of his predecessor. Such a new clause is ascribed to the jurist Julian inserted on the occasion of his codification of the praetorian Edict (see edic­tum perpetuum). It is known as nova clausula de coniungendis cum emancipato liberis eius, and con­cerns the succession on intestacy of an emancipated son. If his children had remained under the paternal power of his father when he was emancipated, his share was divided into two halves of which he re­ceived one and his children the other.—D. 37.8.—See EMANCIPATIO.

Weiss, RE 17 (s.v. nova clausula luliani) ; Cosentini, St Solari 1948.

Novatio. The transformation and transfer of a former obligation into a new one (D. 46.2.1 pr.), i.e., an existing obligation is extinguished and substituted by a new one. Novatio was performed by the way of a stipulatio (later through nomen transcripticium, see nomina transcripticia) comprising the same debt, idem debitum, although changes in persons and terms were admitted. It made no difference from what kind of a contract the previous obligation arose. An obligation originating in a testament could also be renewed by a stipulatio. The persons participating in a novatio could be different from those between whom the former obligation existed, since either a new creditor in the place of the former one, or a new debtor might intervene. See expromittere, delegatio. Through the extinction of the previous obligation the sureties therefor became released and securities ceased to be pledged unless they were ex­tended by agreement of the parties to the new obliga­tion. According to a widespread opinion it was Justinian’s law which set the requirement that a novatio was valid only when the parties had the intention to make a novatio (animus novandi). The concept may have been frequently interpolated in­deed, although it is hardly conceivable that in the developed classical law, when the abstract nature of the stipulatio was no more of its former strength, the intention of the parties might have been completely neglected. The term novandi causa, which appears in classical texts, alludes clearly to the intention of the contracting parties. The institution was profoundly reformed by Justinian and substantial interpolations obscured its development in the classical period.— D. 46.2; C. 8.41.—See acceptilatio, obligatio naturalis.

Weiss, RE 17; Last, GrZ 37 (1910) 450; Vassalli, BIDR 27 (1914) 222; Bohacek, AnPal 11 (1924) 341; Kaden, ZSS 44 (1924) 164; Koschaker, Fschr Hanausek 1925, 118; P. Negre, Les conditions d* existence et de validité de la n., These Aix, 1925; Scialoja, St Perozzi 1925, 407; Guarneri-Citati. Mèi Cornil 1 (1926 ) 432; Thorens, La n. conditionnelle, These Lausanne, 1927 ; Cornil, Mèi Fournier 1929, 87; Meylan, ACII 1 (1935) 281; A. Hàgerstròm, Der rom. Obligationsbegriff, 2 (Uppsala, 1941) Beil., p. 199; B. Staehelin, Die N. (Basler Studien zur Rechtsgesch. 23, 1948); Daube, ZSS 66 (1948) 90; Sanfilippo, AnCat 3 (1948-49) 225; Beretta, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 77; F. Bonifacio, La novazione nel dir. rom., 1950.

Novella constitutio (lex). A recent imperial consti­tution. The term appears already in the fourth cen­tury after Christ and is also applied to the constitu­tions issued by Theodosius II after the promulgation of his Code (see codex theodosianus) and by his successors until a.d. 472 (“Post-Theodosian Novels”). They generally are edited as an appendix to the Theodosian Code.—See novellae posttheodosia- NAE.

Novellae lustiniani. (Sc. constitutiones.) Justinian’s constitutions (= Novels) promulgated after the sec­ond edition of his Code (see codex iustinianus), in the period between a.d. 534 and 556. They were not edited by him as a supplement to the Code (what they really were) although he had the intention to do it (alia congregatio novellarum constitutionum, Const. Cordi 4). The Novels are known from three collections, (a) Epitome luliani, containing 122 Novels, until 555, (b) Authenticum (liber Authenti­corum) with 134 Novels, from a.d. 535 until 556, and a Latin translation of the Novels written in Greek, and (c) a collection of 168 novels, compiled under Tiberius II (578-582) containing also four consti­tutions by Justin II and three by Tiberius II. Most Novels are issued in Greek, some in Latin and Greek, some only in Latin, in particular those which were addressed to the Western part of the Empire or contained supplementary provisions to earlier Latin constitutions.—See AUTHENTICUM.

Edition: Vol. 3 of the stereotype edition of the Corpus luris Civilis (by Mommsen-Kruger-Schoell), fifth ed. by Schoell-Kroll, 1928.—Steinwenter, RE 17, 1164; Anon., DS 4; Cuq, NRHD 28 (1904) 265; P. Noailles, Les col­lections des Novelles de I’empereur Justinien. Origine et formation sous Justinien, 1912; idem, La Collection grecque de 168 Novelles, 1914; E. Stein, St Bizantini e Neoellenici 5 (1930) 709; idem, Bull, de I’A cad. de Belgique, Cl Lettres 23 (1937 ) 383.

Novellae post-Iustinianae. (Of the Byzantine em­perors after Justinian.) These are quite numerous. Of great importance are the Novels of the Emperor Leo the Wise (886-911).

Editions: Zachariae v. Lingenthal, lus Graeco-Romanum 3 (1857); J. and P. Zepos, lus Graeco-Romanum, 1 (1931) ; H. Monnier, Les Novelles de Leon le Sage, 1923; P. Noailles and A. Dain, Les Novelles de Leon VI le Sage, 1944.—A. Albertoni, Per una esposizione del dir. bizantino, 1927, 47, 57; G. Ferrari, Il dir. penale nelle Novelle di Leone il Filosofo, Riv. penale, 67 (1908).

Novelles post-Theodosianae. See novella consti­tutio.

Steinwenter, RE 17, 1163; Anon., DS 4; Scherillo, NDI 8, 1139; idem, St Besta 1 (1939 ) 295.—Translation in C. Pharr, The Theodosian Code (Princeton, 1952) 487.

Novicius (servus). (Syn. mancipium novicium.) A young slave. Since he generally is more valuable than an older slave (veterator, veteranum mancipium) the aedilician edict provided that a fraudulent sale of an older slave to whom the appearance of a younger one was given could be rescinded by an action of the buyer who had also the choice to sue only for the restitution of a part of the price.

Novus. See ius novum, operis novi nuntiatio, NOVAE CLAUSULAE, IUSTINIANI NOVI.

Noxa. Syn. both with delictum (hence a penalty,

poena, is a revenge for a noxa) and damnum, damage (hence noxam sarcire — damnum solvere, praestare, to indemnify). Besides, noxa may indicate also the “body which inflicted the damage” (Inst. 4.8.1), and finally the indemnification itself. In these various meanings the term is used in a limited field of the liability of a master of a slave or a father of a son for offenses committed by the slave or the son. The liability was alternative, either to pay the damages or to surrender the offender to the person injured. The latter claimed reparation for the injury sustained through the pertinent action which lay for the offense committed (actio furti, iniuriarum, legis Aquiliae, vi bonorum raptorum, etc.) and which was termed actio noxalis when directed against the master or the father. In Justinian’s law the noxal liability of the father did not exist any more. Since the son was able to possess property of his own, he could be sued directly. On the principle of noxal liability were also based inter­dicta noxalia, applicable only in the case of an inter­dictum DE VI and INTERDICTUM QUOD VI AUT CLAM. —Handing over a domestic animal which had caused damage to another is analogous to the cases men­tioned beforehand ; see actio de pauperie.—See scientia domini and the following items.—Inst. 4.8; D. 9.4; C. 3.41.

Lisowski, RE Suppl. 7, 587, 604; Cuq, DS 4; Biondi, NDI 8; Berger, RE 9, 1624; Biondi, AnPal 10 (1925) ; idem, BIDR 36 (1928) 99; Beseler, ZSS 46 (1926) 104; Lenel, ZSS 47 (1927); Branca, StUrb 11 (1937) 98; De Visscher, RHD 9 (1930) 411; idem, Le regime romain de la noxalité, 1947; idem, Symb van Oven, 1947, 306; G. I. Luzzatto, Per una ipotesi sul! obbligazione romana (1934) 64, 102; Daube, CambLJ 7 (1939) 23; M. Sargenti, Con­tributo allo studio della responsabilità nossale (Pubblica­zioni Univ. Pavia, 104) 1949; M. Kaser, Das altrorn. lus, 1949, 223; Pugliese, St Carnelutti 2 (1950) 115.

Noxa caput sequitur (D. 9.1.1.12). Noxal liability (see noxa) followed the person of the offender when his dependence upon another’s power underwent a change. When after the wrong was committed, the slave or the son came under the power of another person, the liability of the master (or father), at the moment of the wrongdoing, was transferred to the master or father at the time when the noxal suit was brought in. Consequently, if the s la Ve was manu­mitted in the meantime or the son became inde­pendent (sui iuris), there was no longer any noxal action, but a direct action against the wrongdoer himself.

Lisowski, RE Suppl. 7, 601; De Visscher, Noxalité (1947) 147.

Noxa solutus. Released from noxal responsibility.

Noxae datio, deditio (dare, dedere). Handing over (surrendering) the slave who committed the wrong­doing for which his master was liable, was achieved by the transfer of the ownership of the slave to the plaintiff of the noxal action. The noxae datio of a son was performed by the mancipatio of the son (ex noxali causa mancipio dare). The son became thus not a slave of the injured person, but a person in mancipio (in causa mancipii) ; see mancipium.—See NOXA (Bibl.), SCIENTIA DOMINI.

De Visscher, RHD 9 (1930) 411 ; Frezza, SDHI 5 (1939) 185.

Noxam committere. To inflict a damage, to commit a private crime (delictum).

Noxia. Syn. with noxa. The rare term occurs a few times in the Twelve Tables.

Noxiam sarcire. See noxa. Originally (in the Twelve Tables) = to repair the damage done by restitution in kind, not by compensation in money.

M. Kaser, Das altrorn. lus, 1949, 219; Daube, St Solaszi 1948, 7, 61.

Noxius. A slave or son who committed a wrongdoing for which his master or father bears the noxal liabil­ity; see noxa. Generally, one who committed a crime.

Nubere. To marry. See matrimonium. Nubere is often mentioned as a condition upon which a liberality (a donation, a legacy) is depending, as, e.g., “if he (she) will marry” or “if he (she) will not marry X (a certain person).” The condition to marry a specific person was valid if the individual was an honest person. If he was indignus ( = unworthy, despicable) the condition was considered not binding. This was also the case when a condition to remain unmarried was imposed.

Nubilis. A girl capable of marriage. Syn. viripotens. —See IMPUBES.

Nuda cautio. See cautio. Ant. satisdatio.

Nuda conventio. An agreement by which a person assumes an obligation without giving a real security or a surety. A mere agreement is also an agreement which is not accompanied by the delivery of the thing involved.

Nuda pactio. See nudum pactum.

Nuda proprietas (nudum dominium). Mere owner­ship, i.e., when the owner has no right to use the object or to take the fruits thereof because these rights are vested in another either by a contract or through a personal servitude (see usus, ususfruc­tus).—C. 7.25.

M. Pampaloni, Mèi Girard 2 (1912) 337.

Nuda repromissio. See cautio, satisdatio.

Nuda res. A thing itself, as opposed to proceeds and accessories thereof.

Nuda stipulatio. See cautio.

Nuda traditio. A simple handing over of a thing to another without any just ground (iusta causa).—See TRADITIO.

Nuda voluntas. A mere, formless expression of will not accompanied by the delivery of the thing which is the object of a legal act.—See aditio hereditatis.

Nudum dominium. See nuda proprietas.

Nudum ius Quiritium. See dominium duplex, do­minium ex iure Quiritium. One who has a mere ownership ex iure Quiritium of a thing (e.g., of a slave) without holding it, because another is entitled to hold it, “has less right in it than a usufructuary or a possessor in good faith (possessor bonae fidei),” Gaius 3.166. In a constitution of Justinian (C. 7.25.1) the term nudum ius Quiritium is qualified as “an empty and superfluous word.”—See in bonis ESSE.

Nudum pactum (nuda pactio). A simple, formless agreement as opposed to stipulatio and contractus. A nudum pactum does not create an obligation but an exception (D. 2.14.7.4).—See pactum.

Nudus. Deprived of means.—For nudus with regard to certain legal institutions, see the foregoing and the following items.

Nudus consensus. See consensus.

Nudus usus. The right (a servitude) to use another’s thing but not the proceeds (fructus) thereof.

Nullius momenti esse. See momentum.

Nullus. Nobody, no one (=nemo), not existing. With regard to legal acts or transactions nullus means invalid, void.—See res nullius.

Hellman, ZSS 23 (1902) 425.

Numen. Divinity. Numen nostrum (“our divinity”) is often used by later emperors in their constitutions. Ensslin, Gottkdiser, SbMiinch 1943, 3rd issue.

Numerare pecuniam. To repay a debt in cash. Pecunia numerata = a cash payment. Numerare pretium = to pay the price of a thing purchased in cash.—See exceptio non numeratae pecuniae, QUERELA NON NUMERATAE PECUNIAE.

Numeratio pecuniae. A cash payment.

Numerarius. An accountant or auditor in higher im­perial offices of the later Empire.—C. 12.49.

Ensslin, RE 17; 6A, 1870.

N(umerius) N(egidius). See a (ulus) agerius.

Numeri. Military units of infantry or cavalry, com­posed of soldiers recruited in provinces for service on the boundaries of the state. Their commander was the tribunus numeri.—See auxilia. In numeris = in military service.

Rowell, RE 17, 1327; Vittinghoff, Historia 1 (Baden­Baden, 1951) 390.

Numerus. See res Quae pondere numero, etc.

Nummaria poena. A fine. See multa, poena pecu­niaria. Criminal matters in which the culprit was punished with a pecuniary fine = nummariae res.

Nummularius. The owner of a small bank, primarily for money-changing transactions. See argentarii, MENSULARIUS, MENSA NUMMULARIA, TESSERA NUM­MULARIA.—Nummularii were also officials of the mint (officina monetae) who were concerned with the test of coins.—See moneta.—C. 11.18.

Herzog, RE 17; Laum, RE Suppl. 4, 75; Saglio and Humbert, DS 1 (s.v. argentarii) ; Voigt, ASdchGW 10 (1880) ; Mitteis, ZSS 19 (1898) 203.

Nummus. A coin, a sestertius \ in the later Empire the smallest copper coin. In nummis = in cash.— See FALSA MONETA, CORPUS.

Schwabacher, RE 17.

Nummus unus. A sale (or lease) in which the buyer (lessee) paid a fictitious price (rent) in the form of a small sum of money (nummo uno = for one piece of money) in order to disguise a donation prohibited

[TRANS. AMER. PHIL. SOC. by the law, was void.—See donatio, mancipatio. NUMMO UNO, SESTERTIUS.

Nunpupatio (nuncupare). A solemn oral declaration before witnesses. It was an essential part of the ancient acts (negotia) per aes et libram and had to be expressed in prescribed words. In a testament per aes et libram the nuncupatio contained the dis­positions of the testator to be executed by a man worthy of his confidence, the familiae emptor. The pertinent rule was expressed in the Twelve Tables (uti lingua nuncupassit = as one has disposed orally). See MANCIPATIO, NEXUM, PER AES ET LIBRAM, TESTAMENTUM PER NUNCUPATIONEM.

Dull, RE 17; Anon., NDI 8; Cuq, DS 5 (s.v. testamen­tum):, Sanfilippo, AnPal 17 (1937) 147; P. Noailles, Du droit sacre au droit civil, 1950, 300; Solazzi, SDHI 18 (1952) 213.

Nundinae. A market, a fair; the period of time (eight days) between two consecutive markets. Nundinae were frequently fixed as a term for the payment of money debts. According to one opinion such payment could be demanded by the creditor on the first day, while other jurists held that the payment could be made during the whole eight-day-period.—D. 50.11; C. 4.60.

Kroll, RE 17; Besnier, DS 4.

Nuntiare fisco. To denounce to the fisc a person hold­ing property due to the fisc or obligated to make payments to the fisc. In a monograph on fiscal law by the jurist callistratus there is a long list of cases which had to be denounced by private indi­viduals to the fisc in its interest, primarily in matters of successions when the fisc might claim an inheri­tance. Other instances of such denunciations were the discovery of a treasure (see thesaurus), fines to be paid to the fisc, etc. (D. 49.14.1 pr.). Such fiscal denunciations were frequently made in order to receive a reward (praemii consequendi causa). In criminal matters nuntiare = denuntiare.—See dela­

TORES, DEFERRE FISCO, DENUNTIATIO, CADUCA.

Berger, RE 17, 1475; Solazzi, BIDR 49-50 (1948) 405. Nuntiatio operis novi. See operis novi nuntiatio. Nuntiator. (In criminal and fiscal matters.) A de­nouncer. Syn. denuntiator.—Nuntiator — one who protested against a new construction; see operis novi nuntiatio.—Nuntiator also was the title of an of­ficial of a lower rank in the later Empire who publicly announced a felicitous event (e.g., the vic­torious end of a war). He was prohibited from accepting immoderate gifts.—C. 12.63.

Berger, RE 17, 1475; 18, 559.

Nuntius. A messenger. Declarations of will through the medium of a messenger were valid as were those made by letter (per epistulam) except in cases in which one had to give the declaration personally (as in a stipulatio, in acts concluded per aes et libram).

Carboni, Sul concetto di n., Scr Chironi 1 (1915) ; Dull, ZSS 67 (1950) 163.

Nuptiae. Almost completely syn. with matrimonium in juristic language. It is apparently the earlier term for marriage and is more related to the wedding ceremony than matrimonium.—Inst. 1.10; D. 23.2; C. 5.4; 8.—See matrimonium, vota matrimonii, concubitus.

Ehrhardt, RE 17. For further bibl. see matrimonium.

Nuptiae incestae. A marriage concluded between persons who are prohibited to marry because of near blood relationship or affinity. The marriage is not valid, the wife is no uxor and the children are ille­gitimate (spurii).—See INCESTUS.

Lombardi, Ricerche in tema di ius gentium, 1946, 25.

Nuptiae secundae. See secundae nuptiae.

Nuptialis. Pertinent to a marriage, e.g., tabulae, in­strumentum.

Nutrire. To nourish, to rear.—See alimenta.

Nutritor. A nourisher, a foster parent. The term refers primarily to persons who sustained with nour­ishment (and education) a child not of their own (a foundling). A nutritor “has no successorial rights of succession either under ius civile or honorarium” (C. 6.59.10).—See ALUMNUS.

Nutus. A wink, a sign. Under certain circumstances it might be considered as a valid expression of will, sufficient even for leaving a fideicommissum.—See MUTUS.