Roman Law Terms with Letters P

Pabulatores. Military units sent out to provide forage for horses.

Lambertz, RE 18.

Pacisci. See pactum, talio.

Pacisci de crimine. An agreement with a wrongdoer to the effect that one would not bring an accusation against him (de non accusando) or would accuse him but conduct the accusation in a way to make the culprit be absolved.—See praevaricatio, tergiversatio, senatusconsultum turpillianum.

Kaser, RE 6A, 2416; Levy, ZSS (1933) 186; Bohacek, St Riccobono 1 (1936) 343.

Paconius. An unknown Roman jurist of whom only one text is preserved in the Digest. He is probably identical with Pacunius, also represented by a single text in the Digest.

Berger, RE 19 (no. 6).

Pactio. See pactum.

Pactio collegii. The by-laws of an association (see collegium) voted on and passed by the members to deal with the internal organization of the association (pactionem ferre, constitutere). Syn. lex collegii.

Pactio libertatis (pro libertate). An agreement with the master of a slave under which money was given to him in advance (or promised) in order that the slave be manumitted.

Pactiones et stipulationes. Pacts and stipulations between the interested parties served for the constitution of praedial servitudes or of a usufruct on provincial soil by agreement, since mancipatio and in iure cessio, the civil ways of the constitution of such rights, were not applicable to provincial land.—See serviTUTES PRAEDIORUM, USUSFRUCTUS.

Condanari-Michler, RE 18, 2150; P. Kruger, Die prae- torische Servitut, 1911; Frezza, StCagl 22 (1935) 98; B..Biondi, Servitù prediali, 1946, 215; S. Solazzi, Requisiti e modi di costituzione delle servitù prediali, 1947, 109.

Pactum. “The agreement (placitum) and consent of two or more persons, concerning the same subject (in idem)” (D. 2.14.1.2). Since the earliest times the term applied to any agreement.

Even in international relations an agreement between two states (such as a peace treaty) or between the commanders of two armies engaged in a fight, was termed pactum. In the law of obligations pactum (pacisci) is used in the broadest sense, both with regard to contractual and delictual obligations. With regard to the latter, pactum referred to a composition between the offender and the person injured by the wrongdoing (delictum) and still in classical law a transaction with the person damaged excluded the availability of the pertinent penal action (e.g., in the case of a theft the actio furti, or in the case of iniuria the actio iniuriarum). In such cases the pactum produced the extinction of an obligation. In the province of contractual obligations the development of pacta (formless agreements) was due to the praetorian Edict in which the praetor proclaimed : “I shall protect pacta conventa (agreements, mutual understandings) which were concluded neither by fraud, nor contrary to statutes, plebiscites, senatusconsulta, imperial decrees, or edicts, nor with the intention to evade fraudulently one of those enactments” (D. 2.14.7.7). The protection was granted in the form of an exceptio if one party was sued contrary to the agreement reached in a formless pactum. In iudicia bonae fidei, governed by good faith, an exception was superfluous inasmuch as the judge had to pass the judgment according to the principles of bona fides which implied that any reasonable agreement between the parties be taken into consideration.—D. 2.14; C. 2.3.—See contractus, exceptio pacti, and the following items.

Condanari-Michler, RE 18; Beauchet, DS 4; NDI 9 (Anon.); Ferrini, Opere 3 (1929 ex 1892) 243; Manenti, StSen 7 (1890) 85, 8 (1891) 1, 31 (1915) 203; G. Platon, Pactes et contrats en droit romain et byzantin, 1917 ; Stoll, ZSS 44 (1924) 1; Koschaker, Fschr Hanausek 1925, 118; P. Bonfante, Scritti 3 (1926) 135; Grosso, Efficacia dei patti nei bonae fidei iudicia, MemTor 3 (1928) ; idem, StUrb 1, 2 (1927, 1928) ; Riccobono, St Bonfante 1 (1930) 125; idem, Stipulationes, contractus, pacta, Corso, 1934/5; V.

De Villa, Le usurae ex pacto, 1937; Boyer, Lc pacte extinctif d’action, Recueil de I’A cad. de legislation de Toulouse, Ser. 4, v. 13 (1937) ; G. Lombardi, Ricerche in tema di ius gentium, 1946, 200; G. Grosso, Il sistema romano dei contratti, 2nd ed. 1950, 186.

Pactum adiectum. (A non-Roman term. ) An additional agreement to a contract involving a change of the typical content thereof. Thus, for instance, a pactum adiectum in a sale was the addictio in diem, or LEX COMMISSORIA.

Condanari-Michler, RE 18, 2142; P. E. Viard, Les pactes adjoints aux contrats, 1929; Stoll, ZSS (1930) 551.

Pactum conventum. A term which seemingly was used as a technical one in the praetorian Edict (pacta conventa, see pactum). It is uncertain whether the expression is to be understood as two nouns ( = pact —agreement) or as a “pact agreed upon.”—See IUDICIA BONAE FIDEI.

Pactum custodiae. An agreement by which one party assumed the duty of custody of the other party’s things. Such a duty could be the object of a special contract (locatio conductio operarumj or of an additional clause to another contract.—See custodia.

Pactum de constitute. See constitutum.

Pactum de.distrahendo (vendendo) or de non dis- trahendo pignore. An agreement between debtor and creditor concerning the sale (or non-sale) of the pledge in the case of the debtor’s default. See ius distrahendi. If in the sale of the pledge the creditor obtained a sum bigger than the debt was, he had to restore the surplus (superfluum) to the debtor.

Manigk, RE 20, 1557.

Pactum de emendo pignore. An agreement between debtor and creditor that the thing given as a pledge (pignus) might be bought by the creditor or by the surety who guaranteed the payment.—C. 8.54.

Manigk, RE 20, 1557.

Pactum de non petendo. A formless agreement between creditor and debtor by which the former assumed the obligation not to sue the debtor in court for the payment of the debt or for the fulfillment of his obligation.

Such an agreement could be limited to a specific action, e.g., ne depositi agatur ( = not to proceed with the actio depositi) or not to sue for execution of a judgment-debt (actio iudicati) ; it could be also limited in time, i.e., not to sue within a certain space of time. A creditor who contrary to such an agreement brought an action against the debtor could be repealed by an exceptio pacti. The benefit involved in a pactum de non petendo could be strictly personal, i.e., granted solely to the debtor alone, or extended to all persons engaged in the given obligation (sureties, co-debtors, co-creditors). This distinction is the basis of the terminology pactum de non petendo in personam and in rem, which seems to be of postclassical origin. A pactum de non petendo could be modified or annulled by a later agreement ut petere liceat giving the creditor the right to sue the debtor.

Condanari-Michler, RE 18, 2142; De Villa, NDI(e.g., non-acceptance of an inheritance when the solemn form of cretio was prescribed). Generally paenitentia is without any legal effect. However, in Justinian’s law there were some specific cases in which a person could unilaterally withdraw from a legal transaction by a simple change of mind, if the other party had not as yet fulfilled his obligation, and through an action condictio (termed in literature condictio propter paenitentiam, ex paenitentiam) recovered what he had already paid. Thus, for instance, one who had made a donation to a slave’s master to have the slave be manumitted, could revoke the donation before the manumission was performed.—See ARRA, IUS PAENITENDI.

F. Manns, Ponitenzrecht, O. Gradenwitz, Inter- polationen in den Pandekton 1887, 146; N. Verney, Ius poenitendi, These Lyon, 1890; J. Bendixen, Das ius poenitendi, Diss. Gottingen, 1889; W. Felgentrager, Antikes Losungsrecht, 1933, 27.

Paganus. (Adj.) See peculium paganum.

Paganus. (Noun.) Used in different meanings: the inhabitant of a pagus; the inhabitant of a lower situated place, a valley, as opposed to an inhabitant of a mountain or a hill, montanus; a civilian person (non-soldier), ant.

miles, hence the' distinction peculium paganum—peculium castrense; a heathen, a pagan.—C. 1.10; 11.

Kornemann, RE 18; Gilliam, Amer. Jour, of Philol. 73 (1952) 75.

Pagus. In oldest times, an ethnic or tribal group comprising several settlements, an arrangement found in the primitive organization of peoples (populi) in Italy. According to a not quite reliable source, Rome under the last kings consisted of 26 pagi. A minor unit was the vicus (= village). Under the Republic pagus denotes a rural territory, an administrative district. For larger territories with a larger population terms such as civitas, urbs, oppidum, etc., were used. “To indicate a piece of land oqe should say in which civitas and pagus it is situated” (D. 50.15.4 pr.). The inhabitants of a pagus = pagani. In Italy and the provinces the head of the administration of a pagus is called magister, praefectus, curator or praepositus pagi.

Kornemann, RE 18; Toutain, DS 4.

Palam. Publicly, before witnesses, “in the presence of many persons” (D. 50.16.33).—See proscribere.

Palam est. It is obvious, there is no doubt. The locution occurs frequently in the language of the jurists when they want to stress that the opinion expressed is beyond any doubt.

Palam facere. To announce publicly.

Palatini. All persons in civil or military service in the imperial palace. All functionaries in the financial imperial administration which was concentrated in the office of the comes sacrarum largitionum and of the comes rerum privatarum, were among the palatini. The palatini in the higher positions enjoyed exemption from public charges (munera), sometimes even after leaving their official post.— C. 12.23; 30.

Ensslin, RE 18; Cagnat, DS 4.

Palatini largitionum. See largitiones.—C. 12.23.

Palatium. The imperial palace (sacrum palatium). Qui in sacro palatio militant = persons employed in the imperial palace.—C. 11.77; 12.28.—See archiater SACRI PALATII.

Palmarium. A compensation given (or promised) to an advocate after a successful trial.—See honorarium.

Paludamentum. A scarlet military cloak, part of the insignia of a magistrate commanding troops outside Rome.

Pandectae. (From Greek = an all embracing work.) It was the second title given by Justinian to the Digest (“Digesta seu Pandectae”) ; see digesta iustiniani. The term is not an invention by Justinian, since it was previously used as a title of comprehensive juristic works by Ulpian (in 10 books) and by Modestinus (in 12 books).

Pangere. To agree. Syn. pacisci. Pangere ne petatur is syn. with PACTUM DE NON PETENDO.

Panis. (From the fourth century after Christ.) Bread from the state bakeries gratuitously distributed in Constantinople and other cities to meritorious persons or to proprietors of houses in order to stimulate the construction of buildings (panis aedium, aedificiorum). Panis popularis (civilis, civicus) — bread distributed to the poor.------------------ See ANNONA CIVILIS.

Kiibler, RE 18, 3, 606; idem, St Bonfante 2 (1930) 351;

D. Van Berchem, Distribution de ble (Geneve, 1939) 102. Panis farreus. See confarreatio.

Pantomimus. A pantomine, a stage-dancer. The profession was considered an ars ludicra (dishonest). A pantomimus could be killed on the spot when caught by the husband of an adulterous wife.

Papinianistae. The third year students in Byzantine law schools, so called because the chief subject of their studies was the works of Papinian.

Papinianus, Aemilius. A Roman jurist of the second/ third century after Christ. He was praefectus praetorio from 203 until 205. He died in a.d. 212, executed by order of the Emperor Caracalla. His language shows some peculiarities which, however, do not suffice for the assumption of his Syrian or African origin, but his style is a model of conciseness and precision. Papinianus is one of the most remarkable figures among the Roman jurists. His opinions prove an independent mind, his solutions are based on a profound understanding of the necessities of life, on equity, and, at times, on ethical more than merely technical juristic arguments. See aequitas. His principal works were not comprehensive treatises but collections of cases (Quaestiones in 37 books, Responsa in 19 books) in which other jurists’ responsa, court decisions and imperial constitutions were often taken into consideration. Other works include: Definitiones (in two books) and a monograph on adultery. Papinianus was appreciated by subsequent writers and Justinian more than any other classical jurist. The so-called Law of Citations (see iuris- prudentia) which attributed a particular importance to Papinian’s works, is an eloquent evidence of the loftiness of his reputation in postclassical times.— See NOTAE.

Jors, RE 1, 572 (s.v. Aemilius, no. 105) ; Orestano, ND I 9; Berger, OCD; W. Kalb, Roms Juristen, 1890, 111; Leipold, Vber die Sprache des Juristen Papinian, 1891;

E. Costa, Papiniano, 1 (1894) ; H. Fitting, Alter und

Folge\ 1908, 71; Solazzi, AG 133 (1946 ) 8; Schulz, Scr Ferrini 4 (Univ. Sacro Cuore, Milan, 1949) 254; W. Kuh- kel, Herkunft und soziale Stellung der rom. Juristen, 1952, 224. �?

Papirius. (First name uncertain.) A pontifex maximus about 500 b.c., author of a collection (called Jus Papirianum) of rules of sacral law, generally ascribed to the leges regiae. The existence of such a collection is based on the mention of a commentary thereon written by a certain Granius Flaccus in the time of Caesar or Augustus, entitled De iure Papiriano.

Steinwenter, RE 10; 18, 3, 1006; Cuq, DS 3, 745; Zocco- Rosa, NDI 7\ idem, RISG 39 (1905) ; Oberziner, Hist 1 (1927) ; Di Paola, 57 Solazzi 1948, 634; Paoli, RHD 24-25 (1946/7) 157; C. W. Westrup, Introd, to early R. law 4, 1 (1950) 47.

Papirius Fronto. A little known Roman jurist of the late second post-Christian century, author of a collection of Responsa.

Berger, RE 18, 3, 1059.

Papirius lustus. A jurist of the second half of the second post-Christian century, known only as the author of a collection of imperial constitutions in 20 books, of which only eighteen excerpts were accepted into the Digest. He was the only jurist who edited imperial constitutions in their original text. The edition was without any commentary -or criticism. His official career is unknown.

Berger, RE 18, 3, 1059; Scarlata Fazio, SDH I 5 (1939) 414.

Papirius, Sextus. A jurist of the early first century b.c., disciple of Quintus Mucius Scaevola.

Miinzer, RE 18, 3, 1012 (no. 25).

Par causa (condicio). A legal situation in which several persons (creditors, sureties) have equal rights. “Among several persons in the same legal situation that one who is in possession (of the thing in dispute) is in the better case” (D. 50.17.128 pr.).

Par imperium. The equal power (imperium) of magistrates who are colleagues in office.—See collegae, imperium.

Par ratio. Parem rationem adscribere = the entry in a banker’s ledger by which a debt is noted as paid. Parem rationem facere — to settle the balance of reciprocal claims; syn. paria facere.

Parangariae. Carriages used for the transportation of goods on by-roads.—C. 12.50.—See angaria.

Seeck, RE 4, 1852; Humbert, DS 1, 1659.

Parapherna. “Things which belong to the wife beyond the dowry (extra dotem)” (C. 5.14.8). The wife might dispose thereof as she pleased and entitle her husband with the administration. When the marriage was dissolved, the parapherna had to be restored to the wife or her heirs. In the later Empire, the parapherna were held in defraying the burdens of the marriage (onera matrimonii) and certain legal rules concerning the dowry were extended to the parapherna, as, e.g., the wife was granted a general hypothec on the husband’s property as a guaranty for the restitution of the parapherna.—C. 5.14.

P. Bonfante, Corso di dir. rom. 1 (1925) 373; Pampaloni, RISG 52 (1912) 162; G. Castelli, I p. nei papiri e nellc

fonti rom., 1913 (= Scr giuridici 1, 1923); A. Ehrhardt, lusta causa traditionis, 1931, 96.

Paraphrasis Institutionum Theophili. A Greek paraphrase of Justinian’s Institutes (see institutiones iustiniani) by the Byzantine jurist Theophilus in which the author, one of the compilers of Justinian’s Institutes himself, used in a considerable measure the Institutes of Gaius. He added some remarks (not always reliable) of an historical nature.—See Theophilus, INSTITUTIONES GAI.

Edition: C. Ferrini, Institutionum graeca paraphrasis, Theophilo vulgo tributa, 1-2 (1884, 1897); J. and P. Zepos, I us Graeco-Romanum 3 (Athens, 1931).—Kiibler, RE 5A, 2142; Ferrini, Opere 1 (1929) 1-228 (several articles of 1884-1887); Riccobono, BIDR 45 (1938) 1; Nocera, RISG 12 (1937) 251; Maschi, Punti di vista per la ricostruzione del dir. classico, AnTr 18 (1946) ; idem, Scr Ferrini (Univ. Pavia, 1946) 321; Wieacker, Fschr J. v. Gierke 1950, 296.

Parare (paratio). To acquire either by purchase (for money) or otherwise. Syn. comparare.

Paratus. Ready, prepared, willing. The term is used primarily of a debtor ready to pay his debt or to give security, or of a debtor summoned to court and willing to assume the role of a defendant in the trial and to cooperate in the continuation of the process (see LITIS contestatio).

Paratitla. (In Byzantine juristic literature.) Supplementary appendices to single titles of Justinian’s codifications (Digest and Code), edited, summarized, or commented on by a Byzantine jurist. The paratitla might contain references to additional texts from other titles, connected with the topic dealt with in a given title as well as references to parallel texts. Justinian specifically excluded such kind of commentatory remarks from his ban concerning the commentaries on the Digest

Berger, Bull. Polish Inst, of Arts and Sciences 3 (New York, 1945) 661 (=BIDR 55-56, Post-Bellum, 1951, 129). Parens. A father, in a broader sense “not only the father, but also the grandfather, the great-grandfather and all ascendants, as well as the mother, grandmother, and great-grandmother” (D. 50.16.51). Parentes = parents. Parentes also includes the slaves who are parents of a child born in slavery.

Parens binubus. A man who married a second time. If he had children from the first marriage, he could not dispose of his property by testament without taking them into consideration.

Parens manumissor. A father who released a child (a son or daughter) from his paternal power; see emancipatio. He was entitled to be the guardian of the emancipated child and had a certain right to the intestate inheritance of the child.

Kreller, RE 18, 4, 1456; Solazzi, Ath 5 (1927) 101; Grosso, RISG 4 (1929) 251; W. Erbe, Fiduzia, 1929, 170; Buckland, JRS 33 (1943) 11.

Parere (pario). To bring forth, to produce. The term refers to legal transactions or situations from which

[TRANS. AMER. PHIL. SOC. an obligation, an action or an exception arises for one or both parties involved.

Parere. See si paret.

Paria facere. See par ratio. Pariculum. See periculum.

Paries communis. A party wall which separates two adjoining buildings. It is held in common ownership by the owners of the two buildings. The situation is governed according to the principles of communi o except for such measures which are physically impossible, as, for instance, a division.—See demolire.

Fougeres, DS 4; Brugi, RISG 4 (1887) 161, 363; Voigt, BerSdchGlV 1903, 179, 185; G. Branca, Danno temuto, 1937, 79.107; Arangio-Ruiz, FIR 3 (1943) no. 107.

Parricidas. A term the origin and primitive meaning of which are uncertain. It occurred allegedly in a law attributed to the king Numa Pompilius (Festus p. 221) in the following provision: “If somebody knowingly and with evil intention killed (literally: delivered to death) a free man, let him be a parricidas (paricidas esto).” It is not certain whether the term means here simply a murderer.—See parrici- dium.

Leifer, RE 18, 4, 1472; Riccobono, FIR l³ (1941) 13 (Bibl.) and p. XVI; E. Costa, Crimini e pene, 1915, 20; Pasquali, St Besta 1 (1939) 69; De Visscher, Etudes de dr. rom, 1931, 466; Gernet, Rev. de philologie 63 (1937) 13; Henrion, Rev. beige de philol. et histoire 20 (1941) 219; Leroy, Latomus 6 (1947) 17; Londres da Nobrega, ibid. 9 (1950) 3.

Parricidium. The assassination of a (one’s own?) pater familias (the head of a family group). The identification of parricidium with homicide belongs to a later development. Parricidium was one of the first public crimes (crimina publica) prosecuted by the state.—D. 48.9; C. 9.17.—See parricidas, homi- CIDIUM, QUAESTORES PARRICIDII, LEX POMPEIA DE PARRICIDIO, POENA CULLEI.

Lecrivain, DS 4; Berger, OCD; Danieli, Archivio penale, 1949, 315.

Pars. A part, a portion of a whole. Pro parte ( = for a part) is opposed to in solidum (= for the whole) with regard to the liability of a person or to the release of a debtor from an obligation.

Pars. (With reference to state territory.) A province, a large administrative district.

Pars. (In judicial proceedings.) A party to a trial. Pars actoris = the plaintiff; pars rei = the defendant. —See VICTOR.

Pars dimidia. A half.—See laesio enormis, sVonsio TERTIAE PARTIS.

Pars diversa. The adversary in a trial.

Pars (portio) hereditaria (hereditatis). The share one has in an inheritance.

Pars (portio) legitima. The share of an inheritance due to an heir who would succeed under the law on intestacy (heres legitimus, ab intestato). The fourth part of the pars legitima (quarta legitimae partis) had to be left certain heirs among the next relatives

(descendants, ascendants, and later, consanguineous brothers and sisters) in any form. Otherwise, i.e., if the share left to them was less than the required fourth, or if they were not mentioned in the testament at all or were unjustly disinherited, they had the querela inofficiosi testamenti which might lead to the rescission of the whole testament.

G. La Pira, La successione ereditaria ab intestato e contro il testamento, 1930.

Pars maior. A majority in a public or private corporate body. “What is done by the majority concerns all” (D. 50.17.160.1).

Pars pro indiviso. A part of a thing expressed through a fraction, when the thing cannot be physically divided into parts. Syn. pars indivisa; ant. pars pro diviso.— See COMMUNIO, INDIVISUS.

Pars virilis. See virilis, portio hereditaria.

Partes. (With reference to an official or a judge.) The official functions (activity) or duties of a magistrate or a judge. Partes sustinere = to assume the part or functions, primarily in a civil or criminal trial, such as that of a plaintiff, a defendant, a representative, an accuser, etc. Syn. partibus fungi.—See VICE.

Partes formulae. The parts of a formula in the formulary procedure. See FORMULA, INTENTIO, DEMON

STRATIO, ADIUDICATIO, EXCEPTIO, PRAESCRIPTIO.

Partiarius. See colonia partiaria, partitio legata. Particeps fraudis. See conscius fraudis.

Participare. To partake, to share in common with others (in profits or losses). The term is used also in a bad sense, to participate in a wrongdoing (fraud, theft).

Partitio legata. A legacy by which a fraction of an estate is left to the legatee (legatarius partiarius) who shares the inheritance with the heirs instituted in a testament. The pertinent disposition of the testator runs as follows: “my heir shall divide my estate with....” A legatarius partiarius is not a universal successor, therefore he cannot be sued directly by the creditors of the estate. His proportional liability was settled through a special arrangement with the heirs, namely, through reciprocal stipulations (stipulationes partis et pro parte), which at the same time guaranteed the legatee the appropriate portion of the sums paid by the debtors of the testator. Syn. legatum partitionis.—See SENATUSCONSULTUM PEGASIANUM.

Wlassak, ZSS 31 (1910) 200; B. Biondi, Successione testamentaria, 1943, 442.

Partus. An embryo in the womb. Before birth it is considered a part of the woman and not a human being. Partus can also mean a new-born child (see partus perfectus).—See nasciturus, inspicere VENTREM, INFANTICIDIUM, AGNOSCERE LIBERUM, SENATUSCONSULTUM plancianum, and the following items.

Ambrosino, RISG 15 (1940) 3.

Partus abactus (partum abigere). Abortion. A woman guilty of criminal abortion was punished with exile. A person who gave a woman a poisonous liquid (poculum amatorium) to cause abortion was punished with death if the woman died, otherwise with deportation or, when the woman was of a lower social class, with compulsory labor in mines (metalla). Brecht, RE 18, 4, 2046; Humbert, DS 1 (s.v. abortio).

Partus ancillae. A slave child. Such children were not considered proceeds (see fructus). If the mother was given as a pledge, the child (partus ancillae pignoratae, partus pignoris) shares the legal situation of the mother.—C. 8.24.—See fructus rei PIGNERATAE.

Brini, MemBol 4 (1909/10); V. Basanoff, P.a., These Paris, 1929; Carcaterra, AnCam 12, 2 (1938) 51.

Partus perfectus. A child born after a full time of pregnancy. A seven-months’ child was held to be a partus perfectus.

Partus suppositus. A fraudulently substituted (supposititious) child. Syn. partus subtectus, subditicius. See EDICTUM CARBONIANUM, INSPICERE VENTREM, SUBDITICIUS.

Kleinfeller, RE 4A, 952 (s.v. suppositio partus); Brecht, RE 18, 4, 2048; Saglio, DS 4, 1570.

Pascuum. A pasture. The owner of a private pasture land could allow the cattle of others to graze thereon either by a contract of lease (locatio conductio rei) or by constituting a servitude (servitus pecoris pascendi, ius pascui; see compascere). He is liable if poisonous grass injured or killed the others’ animals. —C. 7.41; 11.60; 61.

Kübler, RE 18, 4, 2052.

Pascuum publicum. Public pasture land. The use of such a land by the citizens of a community was originally free. From the fourth century b.c. a fee (scriptura) had to be paid to the treasury of the community.—C. 11.61.

Kübler, RE 18, 4, 2054.

Passim. Simply, without any further examination of the case under decision. The term is used in the juristic language as ant. to causa cognita, i.e., after a scrupulous examination.—See causae cognitio.

Passus. A pace. A Roman mile = one thousand paces (about 1620 English yards). Twenty miles were counted as one day’s journey when a magistrate ordered a party to appear in court.

Pastus. (In later imperial constitutions.) The supply and distribution of provisions (primarily for the army).

Pastus pecoris. Pasturing cattle.—See actio de PASTU PECORIS, SERVITUS PASCUI, PASCUUM, IUS PASCENDI.

Cuq, DS 4, 340.

Pater civitatis. Syn. with curator civitatis in the later Empire.

Pater. A father. “Father is he whom the marriage indicates (as such)” D. 2.4.5. The term refers also

to a grandfather.—See pater familias, parens.

Pater familias. The head of a family, without regard as to whether or not a person so designated has children, whether he is married or is below the age of puberty. A pater familias must be a Roman citizen and not under paternal power of another. By the death of a pater familias all sons (and grandsons whose father was dead or had been emancipated) who were directly under his paternal power, became patres familias. The pater familias was the first in the family {princeps familiae) and was the master of the “house” {in domo dominium habet). His power lasted as long as he lived, without regard to the age of the persons under his paternal power {patria potestas) or their official position. His power was boundless and limited only by custom and social tradition. He alone has the right to dispose of the family property.—C. 4.13; 43.—See patria potestas, FILIUS FAMILIAS, BONUS PATER FAMILIAS, DILIGENS PATER FAMILIAS, EMANCIPATIO, INTERDICTUM DE LIBERIS EXHIBENDIS.

Sachers, RE 18, 4, 2121 (Bibi.) ; Anon., NDI 9; Longo, BIDR 40 (1932) 201; C. Castello, Studi sui diritto fa- maliare, 1942, 69; Volterra, RIDA 1 (1948) 213; idem, RISG 85 (1948) 103; Daube, St Albertario 1 (1952) 435; Sachers, Fschr Schulz 1 (1951) 319.

Pater naturalis. An illegitimate father, sometimes the father of an emancipated son or of one who has been adopted by another.

Lanfranchi, StCagl 30 (1946) 47.

Pater patratus. The head of the group of fetiales who as representatives of the Roman people declared war upon an enemy or acted in the proceedings of deditio (extradition of persons or things.)—See fetiales, DEDITIO, BELLUM, BELLUM INDICERE.

De Ruggiero, DE 3, 68; Mulier, Mn 55 (1927) 386; Krahe, Arch, fiir Religionswissenschaft 34 (1937) 112.

Pater patriae. The first emperor who was granted the title of the “father of the fatherland” was Augustus. Before him the title had been conferred on Caesar, shortly before his death. After Augustus several emperors were honored by this title.

L. Berlinger, Beitrdge zur inoffiziellen Titulatur der r'orn. Kaiser, 1935, 77; M. Grant, From imperium to auctoritas, 1946, p. 444 (Bibl.).

Pater solitarius. A widower and father of legitimate children who after the death of his wife remained unmarried. The Lex lulia et Papia Poppaea contained a provision concerning the pater solitarius as a COELEBS, but its content is unknown.—See LEX IULIA DE MARITANDIS ORDINIBUS.

Solazzi, ANap 61 (1942) 184.

Pati. To suffer, to bear (a loss, an injury, damages); with regard to civil judicial matters = to be involved in a controversy or a trial {pati controversiam, actionem, interdictum, exceptionem); in criminal matters to incur a punishment {poenam).

Patientia servitutis. Occurred when the owner of land tolerated the exercising by another (a neighbor) of certain rights {ushs servitutis) on his property, such as iter, actus, and the like. This toleration was not understood as a simple passive attitude but as a tacit expression of the will of the owner and a recognition as if the other were entitled to exercise an easement on account of a previous agreement (the constitution of a servitude). In classical law the beneficiary could use the actio publiciana, in Justinian’s law the patientia is identified with a voluntary concession of a servitude {traditio servitutis).

See Perozzi, Scritti 2 (1948, ex 1897) ; Rabel, Mèi Girard 2 (1912) 394; Guarneri-Citati, Indice² (1927) 64; B.· Biondi, Servitù prediali, 1948, 229; S. Solazzi, Requisiti e modi di costituzione di servitù pred., 1947, 149.

Patientiam praestare. To tolerate another’s (a neighbor’s) entering into one’s property and performing there certain acts (such as the demolition of a construction which was harmful to a neighbor’s property and which the owner was obligated to carry out but failed). This occurred usually when a person other than the owner of a landed property (his lessee, slave, or predecessor in title) built a construction which caused or threatened to cause damage to a neighbor’s property. Such construction could be averted by a protesting action on the part of the neighbor (see OPERIS NOVI NUNTIATIO, ACTIO AQUAE PLUVIAE ARcendae). If the harmful construction was not destroyed by the owner or his lessee, the neighbor might do it at his own expense (which, of course, had to be reimbursed by the owner) and the owner had to tolerate such action on his land.—See the foregoing item.

Patres. The oldest term denoting the members of the king’s senate which presumably was composed of the “fathers,” i.e., the heads of the gentes (see gens) and prominent families. Livy says that the earliest senators were called patres for dignity’s sake {propter honorem). The relatives of the patres and their descendants formed the class of patricii (patricians). Hence patres was used as syn. with patricii, as, e.g., in the norm of the Twelve Tables which forbade marriage between plebeians and patricians {patres).—See AUCTORITAS PATRUM.

Kubler, RE 18, 4, 2222.

Patres conscripti. Originally the plebeian members of the senate when, about the middle of the fourth century b.c., the plebeians were admitted to the senate, their selection being determined by the censors.. Later, the term patres conscripti was applied to senators without distinction as to whether they were patricians or plebeians.

Brassloff, RE 4 ; De Ruggiero, DE 2, 604 ; O’Brien-Moore, RE Suppl. 6, 674; Meurs, Mn 55 (1927) 377.

Patria. The native country, the fatherland. “Rome is our common native country” (D. 50.1.33: Roma communis nostra patria est). For patria in the meaning of the entire Roman state, see pater patriae.

E. De Ruggiero, La patria nel dir. pubblico, 1921 ; L. Krat- tinger, Der Begriff des Vaterlandes im republ. Rom, Zürich, 1944.

Patria potestas. The power of the head of a family (see pater familias) over the members, i.e., his children, natural and adoptive (see filius familias), his wife, if the conclusion of the marriage was combined with convent io in manum, the wives of those sons who remained under his power (under the same condition as with regard to his wife). Originally unlimited in the judicial, economic, and moral fields, the patria potestas gradually became a power in the interest of the persons subject to it and was conceived as embracing moral duties (officium), such as protection, maintenance, and assistance. The ius vitae necisque of the earliest law became more and more restricted under imperial legislation, and in the law of Justinian it was only an historical reminiscence. Restrictions were also imposed on the father’s right to expose a child (see exponere filium). Only the ius vendendi, i.e., the right to sell a child which made him a persona in mancipio in Rome, and a slave when he was sold abroad, remained in force for a longer period; in Justinian’s law selling a child was admitted in the case of extreme poverty of the parents, but the child could redeem himself and become free by paying the buyer the price that he had paid to his father. For surrendering a member of the family for damages done to a third person, see noxa, noxAe deditio, actiones noxales. The institution was abolished by Justinian. For the legal situation of a person under paternal power as far as property, legal capacity in transactions, the conclusion of a marriage are concerned, see filius familias, filia familias, peculium. The head of a family acquired patria potestas over his children born in a legitimate matrimony or through adoption of another’s offspring (see adoptio, arrogatio). The patria potestas was extinguished through capitis deminutio of the father, or through release from the paternal power, see eman cipatio. Without regard to the will of the family’s head, the extinction of the patria potestas occurred when the son became a priest (flamen Dialis) or the daughter a Vestal virgin. In the law of Justinian a person who obtained a high governmental post or became a dignity in the Church hierarchy, was free from paternal power.—Inst. 1.9; D. 1.7; 12; C. 8.46.—See moreover alieni iuris, ALIMENTA, INTERDICTUM DE LIBERIS EXHIBENDIS, PATER FAMILIAS.

Besuchet,>DS 4; Berger, OCD; Cornil, NRHD 21 (1897) 416; Costa, MemBol 1909/10, 117; Bonfante, Scritti 1 (1926, ex 1906) 64; Wenger, Hausgewalt im röm. Altertum, Miscellanea F. Ehrle 2 (Rome, 1924) ; H. Stockar, Entzug der väterlichen Gewalt, Zürich, 1903; C. W. Westrup, Introduction to the early R. law, 3 (1939) ; C. Castello, St sul diritto familiäre e gentilizio 1942, 63; Cicogna, StSen 59 (1945) 44; Kaser, ZSS 58 (1938) 62, 59 (1939) 31; idem, Das altröm. Ius, 1949, passim; idem, ZSS 67 (1950) 474.

Patricii. The earliest patricians were the descendants of the patres, i.e., the members of the senate in the regal period. The patrician families and groups of families (see gens) were the privileged class in the citizen body (originally perhaps the only Roman citizens), while the lower class, the plebeians (plebeii) were deprived of political rights and lived in economically unfavorable conditions. During a long period the patricii were.the exclusive holders of magistracies and priestly offices; the assignment of public land (ager publicus).was almost exclusively to their benefit; voting in the comitia was arranged to their advantage; and intermarriage between them and the plebeians was not permitted. The struggle between these two social classes of the Roman people lasted more than two centuries (until the early third century b.c.) ; it had some dramatic episodes (three secessions of the plebeians), but it brought the plebeians a gradual admission to the magistracies and, in the last analysis, political equality. Among the political conquests of the plebeians were: the creation of tribuni plebis (in 494 b.c.?), the legislation of the Twelve Tables (see lex duodecim tabularum, in 451/50 b.c.), intermarriage with patricians (see lex canuleia, 445 b.c.), admission to the military tribunate (see TRIBUNI MILITUM CONSULARI POTES- TATE), the LEGES LICINIAE SEXTIAE (admission to the consulship, 367 b.c.), admission to the highest pontificate (lex ogulnia), election of the first plebeian censor (in 356 b.c.), the first plebeian dictatorship (in 351 B.C.), the LEX PUBLILIA PHILONIS (339 b.c.), election of the first plebeian praetor (in 337 b.c.), and finally, the lex hortensia (287 b.c.) which made the plebiscites (see plebiscitum) of equal legal force with the leges voted in the popular assemblies (comitia). Only some sacerdotal posts, the office of the interrex, the honor of being a princeps senatus and some other minor privileges remained reserved for the patricii. Patriciate was acquired through birth in a legal marriage (iustae nuptiae) when the father was a patrician, through adoption by a patrician, through marriage with a patrician, concluded in the form of confarreatio which remained a patrician form of marriage with manus. Under the Principate meritorious persons were granted the patriciate by the emperor. The patricians as a hereditary nobility lost much of their significance through the rise of a new nobility based on wealth (see eQuites) or the holding of high imperial office. The Emperor Constantine created the patriciate (patriciatus, patricia dignitas) as a personal (not hereditary) honorific title to be conferred by the emperor on high dignitaries for life (= “highness”). Justinian extended the patriciate to all persons who had the right to the title illustris. This involved exemption from patria potestas.—C. 12.3. See CURIAE, TRANSITIO AD PLEBEM.

Kübler, RE 18, 4, 2222; Lecrivain, DS 4; Di Marzo, NDI 9; Momigliano, OCD; Oberziner, Patriziato e plebe, Pubbl. dell’Accad. Scientifico-Letteraria, Milan, 1 (1913); Rose, JRS 12 (1922) 106; Picotti, Arch, storico ital., Ser. 7, vol. 9 (1928) 3; Fruin, TR 9 (1929) 142; Ensslin, Der Konstantinische Patriziat, Annuaire de I'Institut de Philol. et d’Hist, orient, et slaves, 2 (1934) 361; Bernardi, Rend Lomb 1945/6, 3.

Patricius (Patrikios). A prominent jurist and teacher in the Law School of Beirut in the second half of the fifth century after Christ. Excerpts of his writings, mostly devoted to imperial constitutions, occur in the scholia to the basilica.

Berger, RE 18, 4, 2244 (under no. 2).

Patrimonialis. See patrimonium caesaris.

Patrimonium. The whole property of a person; in a narrower sense, the property inherited from one’s father (ancestor).—See munera patrimonii, res EXTRA PATRIMONIUM.

Pfaff, Zur Lehre vom Vermögen, Fschr Hanausek 1925, 89; Μ. F. Lepri, Saggi sui patrimonio 1 (1942) ; Albanese, Successione ereditaria, AnPal 20 (1949) 135; Scherillo, Lezioni I. Le cose (1945) 4.

Patrimonium Caesaris (principis). Under the Princi- pate the crown property of the emperor, inherited from his predecessor and left by him to his successor. It gradually assumed larger and larger dimensions through inheritances, purchases, and confiscations (see bona damnatorum) and was administered by procuratores patrimonii. Transfer of objects belonging to the patrimonium through sale or donation was admitted. In the later Empire the official term was sacrum patrimonium. A comes sacri patrimonii was at the head of the administration. The distinction between the patrimonium principis and the privy purse of the emperor (res privata principis) was in the later Empire not so precisely observed as it was before and revenues of the patrimoniam principis went to the private property of the emperor. Many details are still doubtful and the frequent changes in the administration of the pertinent funds and lands do not facilitate a neat distincton. The general tendency was to attribute as much as possible to the emperor. The adj. patrimonialis refers in the later Empire to persons and land pertaining to the sacrum patrimonium (coloni, fundi, agri, patrimoniales).— C. 1.34; 11.62-65.—See res privata principis, ratio PRIVATA, FUNDI PATRIMONIALES.

Lecrivain, DS 4 and 3, 961; Orestano, NDI 9, 515; O. Hirschfeld, Kaiserliche Verwaltungsbeamte² (1905) 1; L. Mitteis, Röm. Privatrecht 1 (1908) 358.

Patrocinari. To give protection, to defend by legal remedies.

Patrocinium. Patronage, protection, a relationship between two persons in which one, the patronus, grants protection to the other. Patrocinium is also used of the legal assistance given to a party in a trial by an advocate.

Kornemann, RE Suppl. 4.

Patrocinium vicorum (colonorum). Possessors of small landed property in the later Empire (fourth century), vexed by tax collectors and public charges, used to render themselves under the protection of wealthy and influential men (potentiores) as their patroni. The latter exploited this situation for tax evasion. Imperial legislation tried to abolish these practices but in vain. The land taken under protection by the patrons remained in their possession and the former small land-proprietors became the serfs of their protectors.—C. 11.54.—See coloni, LATIFUNDIA.

Kornemann, RE Suppl. 4, 265; M. Gelzer, Studien zur byzantinischen Verwaltung Aegyptens, 1909, 69; F. De Zulueta, De patrociniis vicorum, Oxford \t in Social and Legal History 1, 1909; Lewaid, ZSS 32 (1911) 473; G. Rouillard, L’administration civile de I’Lgypte rom., 1928, •10; Martroye, RHD 7 (1928) 201.

Patrona. A woman who manumitted her slave, a patroness of a freedman. See patronus. Marriage between a freedman and his patroness was prohibited. Patronatus. The relationship between the former master�?and his freedman. See patronus, ius patronatus. In a broader sense, patronkitus refers to any relationship between a person (patronus) who protects (defends) another and the protected person. It refers also to a legal adviser (lawyer) of a party to a trial (patronus causae).—D. 37.14; C. 6.4.—See PATROCINIUM, CLIENTES, IUS APPLICATIONS.

Patronus. The master of a slave became after manumitting him the patronus of the freedman (libertus). The freedman had various duties towards his manumissor; see obsequium, reverentia. “The person of a patron should always appear honorable and sacred to the freedman and his son” (D. 37.15.9). The freedman had to abstain from accusing the patron of criminal doings and from suing him with actions which involved infamy (actiones famosae). He could, however, sue him by permission of the praetor. For the obligation of the freedman to render certain services to the patron, see operae liberti, iurata promissio liberti. Between the patron and his freedman there was a reciprocal obligation of maintenance in the case of poverty. The patron had certain rights of succession to the inheritance of his freedman (see bonorum possessio intestati) and he could demand the rescinding of alienations and other dispositions made by the freedman with the purpose of defrauding the patron of his rightful inheritance (see actio calvisiana). If a freedman who had no children or had disinherited them, did not in his will reward his patron or his patron’s sons, the praetor granted the patron a bonorum possessio contra tabulas of one half of the freedman’s property. Marriage between a freedman and his patroness (patrona) or with his patron’s daughter was prohibited. After the death of the patron, the patronate went to his heirs, the patron might, however, assign the freedman to one of the heirs, see adsignatio liberti.—D. 37.14; 38.1-3; C. 6.3-7.—See iudicium OPERARUM, INGRATUS LIBERTUS, BENEFICIUM COM- PETENTIAE, LIBERTUS (Bibl.).

La Pira, St ital. di filol. clas. 7 (1929) 145; J. Lambert, Les operae liberti, 1934; A. A. Schiller, Legal Essays in tribute to O. K. McMurray, 1935, 623; Kaser, ZSS 58 (1938) 88; K. Harada, ibid. 138; C. Cosentini, St sui liberti 1 (1948) 69, 2 (1950) 11.

Patronus causae. Syn. advocatus. Patronus clientis. See clientes.

Patronus civitatis (coloniae). See patronus muni- CIPII.

Patronus collegii. An honorary protector of an association, usually a magistrate or an imperial official. In the later Empire associations concerned with the provision of food for Rome were supervised by patroni who were members of the associations.

Lecrivain, DS 4, 359; W. Liebenam, Geschichte und Organisation des rom. Vereinswesens, 1910, 212.

Patronus fisci. See advocatus fisci.

Patronus municipii (civitatis). Municipalities used to place themselves under the protection of one or more powerful persons (senators, ex-magistrates) who were selected (adoptare, later cooptare} by the municipal council and given the title patronus. The pertinent decree was engraved on a bronze tablet (tabula patronatus) in two copies, one for the patronus, the other for the municipality. The patronage was hereditary. The patronus defended the interests of the municipality in public and private matters, subsidized the construction of monuments and public buildings, etc. The patronage of a colony was similar.

Kornemann, RE 16, 625; Lecrivain, DS 3, 299; Mommsen, Jurist. Schriften 1 (1905) 237, 345; Thouvenot, CRAI 1941, 133; 1947, 485.

Patronus provinciae. Some provinces had a protector, patronus, who in case of abuse by a provincial official intervened with the Roman �?authorities in order to obtain the prosecution of the wrongdoers. The patron was a distinguished and influential person of the Roman nobility, often a descendant of the conqueror of the province.

Pauliana actio. See fraus.

Paulus, lulius. A famous jurist whose prolific literary activity (about 320 libri) gave Justinian’s compilers the opportunity to excerpt his writings very extensively for the Digest. The dates of his birth and death are unknown. He was a member of the imperial council under Septimius Severus and Caracalla, and praefectus praetorio under Alexander Severus. His works were written in the first decades of the third century. He was the author of an extensive commentary on the praetorian Edict (in 80 books) and a treatise on ius civile (ad Sabinum, in 16 books). Among his writings are also commentaries on works of some earlier jurists and a great number of monographs on various topics of public, fiscal, private, and criminal laws. There is in recent literature a tendency to deny Paulus’ authorship of a number of writings, a tendency which is not free from exaggeration. For his Sententiae, see sentential pauli. Paulus was not an uncritical compiler; he often expressed opinions of his own and some of his critical remarks, in particular on the decisions of earlier jurists, give evidence of the sagacity of his juristic thinking.

Berger, RE 10, 690 (s.v. lulius) ; idem, OCD; Orestano, NDI 9 (s.v. Paolo) ; Kübler, Lehrbuch der Gesch. des r.R., 1925, 283; C. Sanfilippo, Pauli Decretorum libri tres, Pubbl. Fac. Giur. Catania, 1939; De Robertis, RISG 15 (1940) 205; Scherillo, St Solassi 1948, 439.

Pauperes. Poor people. From the time of Nerva Roman emperors ordered that public care be taken of children of poor parents and that nourishment be provided them from public funds.—See paupertas.

J. J. Esser, De pauperum cura apud Romanos, 1903; A. Müller, Jugendfürsorge in der röm. Kaiser seit, 1903; Biondi, Jus 3 (1952) 233.

Pauperies. See actio de pauperie.

Paupertas. Poverty. It was an acceptable excuse from guardianship and also ground for exclusion from being an accuser in a criminal matter.—See pauperes. Pax. Peace. A state of war between Roman and another state was normally ended by an armistice (indutiae). Peace, pia et aeterna pax (=a pious and eternal peace), was achieved by a special, solemnly enacted treaty, foedus, which might not only establish peaceful relations between the former bel- ligerants but also amicitia (= friendship) and even a community of political interests (societas, see socn). The conclusion of a peace treaty was in the competence of fetiales or special embassies j the consent of the people and the senate was required. Under the Empire it was the emperor who concluded peace. Gaius (Inst. 3.94) mentions as the form for the conclusion of peace the sponsio, an exchange of a question (pacem futuram spondesf) and answer (spon- deo) between the emperor and the sovereign of the other state.—See sponsio, amicitia, amicus populi ROMANI.

De Ruggiero, DE 2, 767; H. Levy-Bruhl, Quelques probl ernes du tres ancien dr. rom., 1934, 40.

Peccatum. In classical law a violation of a somewhat criminal nature of a legal norm. A neat distinction between the term and crimen or delictum can hardly be established. In Justinian’s law peccatum is not only a violation of human laws but also that of an ethical norm.

G. Segre, St Bonfante 3 (1930) 515; Roberti, St Calisse 1 (1940) 161.

Peculatus. Misappropriation of things belonging to the state, embezzlement of public money. Hence peculatus is also named furtum pecuniae publicae, furtum publicum. A commanding general who appropriates the booty taken from the enemy or the money obtained from its sale (man tibiae) to his own profit was guilty of peculatus. Augustus’ Lex Julia peculatus, still in force in Justinian’s time, was the basic statute on the matter: “No one should intercept or appropriate any sacred, religious, or public money for his own profit unless he is permitted to do so by law” (D. 48.13.1). The statute also defined peculatus as a case in which a person “added anything to (alloyed) or mixed with, gold, silver, or copper belonging to the state” (D. ibid.), to the detriment of the state. A particular form of embezzlement occurred when a person who had received money from the treasury for a specific purpose did not spend the money thereon (pecuniae residuae). Later imperial legislation increased the penalties for peculatus; Justinian ordered deportation or the death penalty, according to the gravity of the case.—D. 48.13; C. 9.28.—See Quaestiones perpetuae, lex iulia peculatus, RESIDUA, PRAEDA.

Brecht, RE Suppl. 7; Cuq, DS 4.

Peculiaris. Connected with, or pertaining to, a pecu- lium. Res peculiares = things belonging to a peculium, such as money, claims, goods, business equipment, and the like. Peculiari nomine, peculiariter = (to hold a thing) as belonging to a peculium, or (to buy one) from the means of the peculium.—See MERX PECULIARIS.

Peculium. A sum of money, a commercial or industrial business, or a small separate property granted by a father to his son or by a master to his slave, for the son’s (or slave’s) use, free disposal, and fructification through commercial or other transactions. The origin of the institution is to be found in the increase in the economic need of the Roman citizens to use the services and activity of the persons under their paternal power and of their slaves able to develop independent business activity in the interest of the family group and its head. The peculium remained the father’s (master’s) property, but was separate from his own property; the son (the slave), however, had the right to administer the separate fund or business and dispose thereof through various transactions (not by donations). In Justinian’s law the free administration of the peculium (libera ad- ministratio peculii) had to be conceded expressly. An existing peculium could be increased (augeri) by additional funds or goods, diminished (minui) or fully withdrawn (adimi) by the grantor. The concession of a peculium by a father (master) created on the part of the grantor a civil liability for debts and obligations contracted by the son (slave) in transactions concluded with third persons. This liability was, however, restricted to the pecuniary value of the peculium (dumtaxat de peculio), after deduction of whatever the son (slave) owed to his father (master). The creditors of the peculium had a direct action against the father (master), actio de peculio; or, when the father (master) had a special profit from the transaction concluded with the manager of the peculium, an action called actio de in rem verso (for his enrichment). Both these actions, which were introduced by the praetor, belong to the so-called actiones adiecticiae qualitatis (see exercitor navis). —D. 15.1; 2; C. 4.26; 7.23.—See actio tributoria, LEGATUM PECULII, MERX PECULIARIS, and the following items.

V. Uxkull, RE 19; Anon., NDI 9; L. Lusignani, Con- sumasione processuale dell’actio de peculio, 1899; idem, Ancora intorno alia consumasione, etc., 1901; Solazzi, StSen 23 (1905) 113; idem, St Fadda 1 (1906) 347; idem, St Brugi (1910 ) 203; idem, BIDR 17, 18, 20 (1905-1908) ; Seckel, Fg Bekker 1907; L. Lemarie, De radio tributoria, These Paris, 1910; Buckland, LQR 31 (1915) ; G. Longo, AG 96 (1928) 184; idem, BIDR 38 (1930) 29; idem, SDHI 1 (1935) 392; G. Micolier, Pecule et capacite patrimoniale, These Lyon, 1932; E. Albertario, Studi 1 (1933) 139; Biscardi, StSen 60 (1948) 580; G. E. Longo, SDHI 16 (1950) 99.

Peculium adventicium. Used in the literature for everything that a filius jamilias acquired through his own labor or the liberality of a third person (a donation, a legacy). According to Justinian’s law such acquisitions remained the son’s property, the father having only a usufruct on it. Ant. peculium projecticium ('term not Roman), the normal peculium granted by a father to his son (a patre projectum = coming from the father).

Peculium castrense. Everything that a filius jamilias earned or acquired from, or during, his military service (in castris). From the time of Augustus he was permitted to dispose of it by testament. Hadrian extended this privilege to soldiers discharged from service and veterans. The peculium castrense embraced the gifts which the soldier received when he entered service and inheritances received from fellow soldiers. Later, a filius jamilias might freely dispose of his peculium castrense since “with regard to it he acts as a head of a family (pater jamilias),” D. 14.6.2.—D. 49.17; C. 1.3; 12.30; 12.36.

Cagnat, DS 4; v. Uxkull, RE 19, 15; H. Fitting, Das p.c. in seiner gesch. Entwicklung, 1871; Appleton, NRHD 35 (1911) 593; E. Albertario, Studi 1 (1933) 159; A. Guarino, BIDR 48 (1941) 41; Daube, 57 Albertario 1 (1952) 435.

Peculium paganum. The name given by Justinian to an ordinary peculium, as distinguished from peculium castrense and peculium quasi castrense.

Peculium profecticium. See peculium adventicium. Peculium quasi castrense. Everything that a filius jamilias earned as a public official, as a lawyer, in the service of the Church, or by the liberality of the emperor or empress. The legal situation of a peculium quasi castrense was the same as that of a peculium castrense.

Uxkull, RE 19, 16; Orestano, AnMac 11 (1937) 118; Archi, St Besta 1 (1939) 121.

Pecunia. Money. Originally the term denoted property in cattle (pecus), as distinguished from other kinds of property; see familia. In classical language “the term pecunia comprises all things, both movables

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and immovables, both corporeal things and rights” (D. 50.16.222).—See credere, otiosus.

Mickwitz, RE 19; Sachers, RE 18, 3, 2125; Lenormant, AS 4; Pfaff, Fschr Hanausek 1925, 94 (Bibl.) ; M. Wlas- sak, Erb- und Vermdchtnisrecht, SbWien 215 (1933) 5; M. F. Lepri, Saggi sui patrimonio 1 (1942) ; K. F. Thor- mann, Der doppelte Ursprung der mancipatio, 1943, 155; Mattingly, Numismatic Chronicle 1953, 21.

Pecunia compromissa. See compromissum.

Pecunia constituta. A money debt reaffirmed by a CONSTITUTUM.

Pecunia credita. See credere, actio certae creditae PECUNIAE, MUTUA PECUNIA.

Pecunia fenebris. Money lent on interest.—See FENUS.

Pecunia (or summa) honoraria. A sum of money (not less than ten thousand sesterces), paid by municipal magistrates (duoviri iuri dicundo) when they entered service. On such occasions also other kinds of gifts were also offered to the municipality (a statue or the arrangement of spectacular games, ludi).

Liebenam, RE 5, 1814.

Pecunia indebita. See indebitum, condictio indebiti, SOLUTIO INDEBITI.

Pecunia mutua. See mutua pecunia.

Pecunia numerata. See numerare pecuniam.

Pecunia publica. Money belonging or owed to the state treasury (see aerarium). Pecunia publica could be lent to private individuals only on interest and with real security.—See peculatus.

Pecunia residua. See peculatus.

Pecunia sacra. Money belonging to a temple or destined for divine cult and sacrifices. Embezzlement or robbery of such money was qualified as a crimen PECULATUS.

Pecunia traiecticia. See fenus nauticum.

Pecuniarius. Expressed or evaluated in a sum of money; concerning a payment in money (causa, lis_t res pecuniaria).

G. Pacchioni, La pec uniar ietd deWinter esse nelle obbliga- zioni. 1st app. to the translation of C. F. Savigny’s Ob- bligazioni, 2 (1915) 305.

Pecus. A domestic four-footed animal, normally living in a herd (gregatim, see grex), such as “sheep, goats, oxen, horses, mules, donkeys” (D. 92.2.2) and pigs. Dogs are excluded. The term appears in the lex aquilia, which dealt with damages done to animals (pecudes). Ant. animalia quae pecudes non sunt.— See ANIMALIA QUAE COLLO DORSO DOMANTUR, IUMEN- TUM.

Pedaneus iudex. See iudex pedaneus.

Pedarii. See senatores pedarii.

Pedes (pedester). An infantryman. Militia pedestris = infantry.

Pedius, Sextus. A jurist of the late first century and the early second. His original and independent ideas are known only from quotations by later jurists, primarily by Ulpian and Paul, because his works were not directly excerpted in the Digest. He is the author of an extensive commentary on the praetorian and aedilian edicts.

Berger, RE 19, 41 (no. 3) ; La Pira, BIDR 45 (1938) 293. Pegasus. A jurist of the second half of the first postChristian century.—See SENATUSCONSULTUM PEGA- SIANUM.

Berger, RE 19, 64.

Peira. A collection of juristic decisions, written in Greek about the middle of the eleventh century by a judge, Eustathios Romaios (Romanus).

Editions: Zachariae v. Lingenthal, lus Graeco-Romanum 1 (1856); J. and P. Zepos, lus Graeco-Romanum 4 (Athens, 1931).—Mortreuil, Histoire du droit byzantin 2 (1844) 474; Zachariae v. Lingenthal, Krit. Jahrbucher filr die deutsche Rechtswissenschaft, 1847, 596.

Pellex. See PAELEX.

Penates. Deities protecting the household of a Roman citizen. See LARES.

Weinstock, RE 19, 423.

Pendente condicione. When the condition is still pending. During the time of uncertainty as to whether a condition would be fulfilled or not, the legal situation varies according to the nature of the conditional obligation and the contents of the condition. See CONDICIO.

Pendere (pendeo). To hang. See fructus pen- dentes.—Pendere as syn. with in pendenti esse = to be uncertain, in suspense. The term refers to legal situations, rights, or duties which are uncertain until (donee) a specific event or fact happens or until a fixed day arrives upon which the suspended validity of a legal act or transaction depends. “What is in suspense is not considered as existing” (D. 50.17. 169.1). See CONDICIO PENDET, IN PENDENTI ESSE,

LITE PENDENTE, PENDENTE CONDICIONE.

Pendere (pendo). To pay out (a fine, interest, taxes). Penes. (Prep.) In the power (or possession or house) of a person.

Pensatio (from pensare). A recompense.—See com- PENSATIO.

Pensio. Payment by installment, either of a part of a sum due or of a sum due at fixed intervals (such as rents for the lease of a house or a farm, in the case of emphyteusis, or alimony). Pensio also refers to payments of taxes or other sums due to the fisc. Syn. pensitatio.

Wenger, Canon, Sb Wien 220 (1942) 35.

Pensitatio. See pensio.

Penus. See legatum penoris.

Per aes et libram. Some legal acts of early origin were performed with the use of copper and scales (such as mancipatio, nexum, a specific form of testament, coemptio, solutio per aes et libram) and the pronunciation of prescribed solemn formulae. The acts (gesta, negotia) thus performed required the presence of five Roman citizens as witnesses and of a libripens (the man who held the scales). Acts per aes et libram went out of use in the later law.

See MANCIPARE, LIBRA, LIBRIPENS, FAMILIAE EMPTOR, TESTAMENTUM PER AES ET LIBRAM.

Kunkel, RE 14, 999; 1006; Severini, NDI 9; Popescu- Spineni, ACDR 2 Bologna (1935) 553; H. Levy-Bruhl, Nouvelles etudes 1947, 97 (= LQR 1944, 51) ; W. Geddes, Per aes et libram, Liverpool, 1952.

Peraequatio. (In fiscal administration.) An equitable adjustment of taxes through an increase or reduction of the last year’s taxes. The operation was performed by a special officer, a supervisor in tax assessments (in the later Empire), peraequator.— C. 11.58.

Seeck, RE 5, 1184; Ensslin, RE 19, 564.

Peragere. To accomplish, to perform a legal act completely, e.g., peragere testamentum; with regard to judicial proceedings to continue one’s activity therein until the defendant in a civil trial, or the accused in a criminal case, is condemned.

Perceptio fructuum. Gathering the fruits after their separation from the soil which produced them. See separatio fructuum. The perceptio fructuum normally coincides with separatio by the same person, unless a third person has a right over the separated fruits. See FRUCTUS PERCEPTI, FRUCTUS PERCIPIENDI.

Percipere. To gather, collect (proceeds of any kind, revenues, interest, rents, wages).—See perceptio FRUCTUUM.

Percutere. To strike a person with the fist or a stick. Such an action constitutes an offense (see iniuria). If the person beaten was gravely hurt, the wrongdoer was guilty of iniuria atrox.

Perducere. (With regard to testaments.) To cancel, to erase a testamentary disposition or the name of a beneficiary (an heir or legatee). The disposition is considered not written even if the name is still legible. Syn. inducere.

Perducere ad libertatem. To bring a slave to liberty, to make a slave free, either directly through manumission or indirectly by imposing on another the duty to free the slave.—See manumissio, manumissio FIDEICOMMISSARIA.

Perduellio. Treason. One is guilty of perduellio who “is inspired by a hostile mind against the state and the emperor” (D. 48.4.11). The Twelve Tables set the death penalty for treason. Perduellio embraced various criminal acts, such as joining the enemy, rousing an enemy against the Roman state, delivering a Roman citizen to the enemy, desertion on the battlefield, and the like. Later, perduellio gradually absorbed by the crimen maiestatis.—See MAIESTAS, DUOVIRI PERDUELLIONIS, CONSCIENTIA, LEX VARIA, DESERERE.

Brecht RE 19; Lecrivain, DS 4; Berger, OCD; E. Pollack, Majestdtsgedanke im rom. Recht, 1908; Robinson, Georgetown LJ 8 (1919) ; P. M. Schisas, Offences against the state in R. law, London, 1926; Renkema, Mn 55 (1927) 395; F. Vittinghoff, Der Staatsfeind in der rom. Kaiserseit, 1926; A. Mellor, La conception du crime politique sous la Rep. rom., 1934; C. Brecht, Perduellio, 1938; idem, ZSS 64 (1944) 354.

Perduellis. See hostis.

Peregrinus. A foreigner, a stranger, a citizen of a state other than Rome. A great majority of the population of Rome were peregrines, subjects of Rome after the conquest of their country by Rome. With the increase of the Roman state the number of peregrines grew constantly without being compensated by the number of new citizens to whom Roman citizenship was granted. Within Roman territory the peregrines enjoyed the rights of free persons unless a treaty between Rome and their native country granted them specific rights. Generally, the legislation under the Republic, both statutes and senatusconsulta, applied to peregrines only when a particular provision extended their validity to them. Peregrines had no political rights, they could not participate in the popular assemblies, and were excluded from military service. A peregrinus might conclude a valid marriage (iustae nuptiae) only when he had the ius conubii (see conubium), either granted to him personally or acquired through his citizenship in a civitas which obtained this right from Rome. A peregrine could not make a testament in the forms reserved for Roman citizens nor act as a witness thereto. He could not be instituted an heir of a Roman citizen nor receive a legacy (legatum) except in a testament of a soldier. He was able to conclude a commercial transaction with a Roman citizen if he had the ius commercii, which was granted in the same ways as ius conubii. Though excluded from the proceedings by legis actio, a peregrine had the benefit of protection in Roman courts, in particular before that praetor who had jurisdiction inter peregrinos (see praetores) from the middle of the third century b.c. Certain actions were gradually made available to peregrines and against them by the means of a fiction “as if he were a Roman citizen”; see actiones ficticiae. Foreigners from the same state concluded transactions in accordance with the laws of that state and litigations among them were settled according to their own laws. A peregrine who obtained Roman citizenship (see civitas rom an a) ceased to be a peregrine whether he obtained it as a personal grant or within a large group. The sharp distinction between cives and peregrini lost its emphasis in the legal field in the course of time as a result of the development of commercial relations between Romans and peregrines. On the other hand the extension of Roman citizenship which at the end of the Republic was conferred on the entire population of Italy, furthered the disappearance of the once very sensible differences. The constitutio antoniniana did the rest. In Justinian’s law the only peregrines were the barbarians (see barbari). —For the exceptional status of the Latins, see latium, ius lath, latini. For the influence of the commercial relations between Romans and peregrines

on the development of the Roman private law, see IUS GENTIUM. See DEDITICII, IUS CIVILE.

Kubler, RE 19; Humbert and Lecrivain, DS 4; Severini, NDI 9; Sherwin-White, OCD; G. Moignier, Les peregrins deditices, These Paris, 1930; Taubenschlag, S7 Bonfante 1 (1930) 367; Lewaid, Archeion Idiotikou Dikaiou 3 (1946) 59; Volterra, St Redenti 2 (1951) 405.

Peremptorius. See edictum peremptorium, exceptiones PEREMPTORIAE.

Perendinus (dies). See comperendinus.

Perennis. See FLUMINA PUBLICA.

Perennitas. Perpetuity, perennity. The term was an honorific title of the Roman emperors in the later Empire.

Perfectissimus (vir). A title of high officials of equestrian rank. From the time of Marcus Aurelius all praefecti (except the praefectus praetorio, who had the title eminentis simus), high officials in the financial administration and in the imperial chancery, and certain military commanders belonged to the group of perfectissimi. Under Diocletian and his successors the circle of viri perfectissimi was greatly extended. Perfectissimatus — the dignity of a vir perfectissimus. —C. 12.32.

Ensslin, RE 19; Anon., DS 4; O. Hirschfeld, Kleine Schriften, 1913, 652.

Perfectus. Fully accomplished. A sale (emptio) is considered perfecta when the parties agreed upon the object sold, its quantity and quality, and the price, and the agreement was unconditional. A testament was regarded perfectum (iure perfectum) when all formalities required by the law were fulfilled.—See DONATIO PERFECTA, PERFICERE, AETAS PERFECTA, LEGES PERFECTAE.

Perficere. To conclude a legal transaction (to accomplish a legal act) in a form prescribed by the law. See perfectus (with regard to sales and testaments). Perficere refers also to the fulfillment of an obligation or to a donation effectively given; see DONATIO PERFECTA.

Seckel and Levy, ZSS 47 (1927) 150.

Perfuga. (From perfugere.) A deserter who went over to the enemy.—See deserere.

Periclitari. To run a risk (e.g., of being liable from a procedural sponsio or cautio if one loses a case in court).

Periculum (pariculum). A written draft of a judgment to be read by the judge to the parties.—See SENTENTIAM DICERE, RECITARE.

Kubler, ZSS 54 (1934) 327.

Periculum. A risk, a danger. The term is used of the risk incurred by a party to a trial, plaintiff or defendant, not only of losing the case but also of being subject to an increased liability arising from specific procedural measures (sponsio, cautio). See periclitari. In contractual relations periculum indicates the risk of a loss incurred by one party who expressly assumed a more extensive liability, as, for instance, for damages caused by an accident (casus), periculum pr a est are, or by suffering such loss under special circumstances. Periculo alicuius esse = to be at one’s risk, to be responsible for, or to suffer damages.—C. 5.38; 10.63; 11.34; 35.—See the following items.

Periculum emptoris. See periculum rei venditae.

Periculum rei venditae. The risk of deterioration or destruction of a thing which was sold and not immediately delivered to the buyer. As a matter of rule such risk was with the buyer from the moment the sale was concluded (emptio perfecta), if the loss was caused by accident. He, therefore, had to pay the sale price for the thing perished or deteriorated before the delivery. Exceptions in favor of the buyer were introduced in some cases, in particular if the vendor assumed responsibility in specific events or neglected his duties of custody. Details are controversial in the literature, but it is probable that some attenuations of the principle “periculum est emptoris” were favored by the classical jurists in view of the bona fide character of the contract of sale.—D. 18.6; C. 4.48.—See emptio, perfectus.

Arno, St Brugi (1910) 153; Haymann, ZSS 40 (1919) 254; 41 (1920) 44; 48 (1928) 314; Rabel, ZSS 42 (1922) 543; M. Konstantinovitch, Le p.r.v., These Lyon, 1923; Huvelin, RHD 3 (1924) 318; Ch. Appleton, RHD 5 (1926) 375; 6 (1927) 195; Seckel and Levy, ZSS 47 (1927) 117; H. R. Hoetink, Periculum est emptoris, Haarlem, 1928; Beseler, TR 8 (1928) 279; Vogt, Fschr Ko- schaker 2 (1939) 162; Kruckmann, ZSS 59 (1939) 1, 60 (1940) 1; Meylan, RIDA 3 (=Mel De Visscher 2, 1949) 193; idem, lura 1 (1950) 253; idem, ACIVer 3 (1952) 389.

Periculum tutelae (tutorum). A general term for the responsibility of guardians (tutores) connected with their management of the ward’s affairs and the administration of his property. The term periculum is also applied to curatores.—D. 26.7; C. 5.38.—See TUTELA.

Perimere. To make void, to annul, to annihilate. Perimi = to become inefficacious, extinguished, void (actio, obligatio, pignus perimitur).

M. F. Peterlongo, Pluralità di vincoli, 1941, 32.

Perinde (proinde) ac si (atque). Just as if. Although the locutions occur beyond question in some interpolated texts, they may at times refer to cases which were already treated in classical law as analogous to other legal situations, protected by the law, to which the praetor extended his protection by praetorian actions (see ACTIONES UTILES, ACTIONES FICTICIAE).

Riccobono, TR 9 (1929) 13; Guarneri-Citati, Indice² (1927) 65; idem, Fschr Koschaker 1 (1939) 145.

Perire. To perish. Actio perit = an action (the right to sue) gets lost, is extinguished. See lis moritur. All actions which are extinguished by the death of one party or by the lapse of a fixed time, survive if they were introduced before court and brought to litis contestatio before the death of the plaintiff or before the term elapsed.

Peritus. See IURIS PERITUS.

Periurium. (From perdurare.) Perjury. It was not generally punished as a crimen publicum since periurium was considered an offense to the gods which was revenged by them. It produced, however, a social dishonor (Cicero: humanum dedecus) which might be branded by the censors with a nota censoria. For false testimony, see testimonium falsum. Perjury committed in order to obtain a pecuniary profit was qualified as crimen stellionatus. Perjury committed under an oath taken per genium principis (see genius) was treated as crimen maiestatis and, generally, it was severely punished. In pecuniary matters, if one swore that he did not owe money to another or that another owed him money, the punishment was beating {castigatio fustibus) with the admonition “do not swear inconsiderately.”

Latte, RE 15, 353 (s.v. Meineid).

Perlusorium iudicium. See collusio.

Permissum. Permission, leave. The term refers to what is allowed by a statute (permissu legis) or by a magistrate (permissu praetoris), e.g., when a freedman wished to sue his patron, he had to ask the praetor for special permission.

Permutatio. The exchange of one thing for another, a barter. It differs from sale in that instead of money a thing is given as compensation. Permutatio is an innominate contract (see contractus innominati) of the type “do ut des” ( — I give you in order that you give me) and it is not concluded by mere consent of the parties, as sale, but by an actual, real (re) transfer of ownership of a thing from one party to another. —See actio praescriptis verbis.—D. 19.4; C. 4.64.

M. Ricca-Barberis, La garenzia per evizione, Mem. 1st. giur. Univ. Torino, Ser. II, 40 (1939).

Permutatio. (In banking business.) A transaction between two banking firms to make payments from Rome to Italy and the provinces, and vice versa. Kiessling, RE Suppl. 4, 700 (s.v. Gir over ke hr).

Permutatio status. See status.

Perorare causam. See causam perorare.

Perpetua causa servitutis. The natural conditions of a piece of land involved in a servitude must be such that the exercise of the servitude is permanently (not only temporarily) possible.

S. Perozzi, Scr giur 2 (1948, ex 1892) 85; C. Ferrini, Opere 4 (1930, ex 1893) 145; B. Biondi, Le servitù prediali, 1946, 156.

Perpetuari. See perpetuati©.

Perpetuarius. (Noun.) Emphyteuta, emphyteuticarius.—Ius perpetuarium — ius emphyteuticum, ius emphyteuticarium. See emphyteusis.

Perpetuati© actionis. After the litis contestatio in a civil trial actio perpetuatur, i.e., the action, though temporally limited (see actiones temporales), is no longer subject to a limitation of time.

Perpetuatio obligationis (obligatio perpetuatur). See mora.

Gradenwitz, ZSS 34 (1913) 255; Genzmer, ZSS 44 (1924) 102; F. Pastori, Pro filo dogmatico e stor. dell’obbligazione rom., 1951, 173.

Perpetuus. Everlasting, perpetual, unlimited in time. Ant. temporarius (= temporary). In perpetuum = forever, for life (e.g., banishment).—See actiones PERPETUAE, PERPETUA CAUSA, EDICTUM PERPETUUM, EXCEPTIONES PEREMPTORIAE.

Hernandez Tejero, AHDE 19 (1948-49) 593.

Perquisitio lance et licio. See lance et licio.

Persecutio. Indicates an action by which “a thing is sued for” (D. 44.7.28: rei persequendae gratia). Hence persecutio connected with the object claimed (persecutio hereditatis, legati, pignoris) alludes to the pertinent specific action. Persecutio poenae — an action by which one sues for a private penalty (see actiones poenales). Persecutio extraordinaria refers to trials conducted in the form of cognitio extra ordinem when the claim cannot be sued in ordinary proceedings, as for instance, in the case of a fideicommissum.—See persequi, petitio.

Persequi. To claim one’s right through a judicial proceeding (iudicio, actione), to sue for a thing or a private penalty.—See persecutio, i

Persolvere. In the meaning of solvere ( — to pay a debt) this occurs frequently in interpolated passages. Guarneri-Citati, Indice² (1925) 65.

Persona. A person, an individual, a human being. “The principal division of persons is that into free men (liberi, ingenui) and slaves (servi)” Gaius, Inst. 1.9. The law concerning persons (ius quod ad personas pertinet) is—according to Gaius (1.8)—one of the three groups of legal rules, the other two of which concern things (res) and actions (actiones). The law of persons (ius personarum) consists of those portions of the law which deal with liberty and slavery (status libertatis), citizenship (status civitatis), family (status familiae), marriage, guardianship and curatorship (personae sui iuris, alieni iuris). The law of persons embraces all institutions which have an influence on the legal condition of a person and his capacity to have rights and assume obligations. Persona is also used of slaves to denote them as human beings (persona servi, servilis) although legally they are treated as things (res) and therefore legal personality is denied them. There are also collective entities which, although not human in nature, “function” as persons (personae vice fungi), such as hereditas (= inheritance), a municipality, a decuria or an association of individuals. In postclassical and Justinian’s language the use of persona (in Greek prosop on) became more extensive and was occasionally inserted into classical texts.—Inst. 1.3.—See ACTIONES IN PERSONAM, EXCEPTIONES IN PERSONAM, EXCEPTIONES personae cohaerentes, nasciturus, STATUS, CAPUT, CAPITIS DEMINUTIO.

Dull, RE 19, 1040; Cuq, DS 4, 416; De Martino, NDI 9, 928; S. Schlossmann, Persona und Prosopon, 1905; Rhein- felder, Das Wort p., Beihefte zur Ztschr. f. romanische Philologie 77 (1928) ; L. Schnorr v. Carolsfeld, Gesch. der juristischen Person, 1 (1932) 52; P. W. Duff, Personality in R. private law, 1938, 1.—For p. in interpolated texts: Guarneri-Citati, Indice² (1927) 65, St Riccobono 1 (1936) 733, Fschr Koschaker 1 (1939) 145; Nedoucelle, Revue des sciences religieuses, 1948, 277.

Persona extranea. See extraneus.

Persona miserabilis. A person deserving pity (because of age or sickness). Such persons were granted certain personal privileges in proceedings before the imperial court.—C. 3.14.

Persona turpis. See turpis persona.

Personae exceptae. See exceptae personae. Personae in mancipio. See mancipium.

Personae incertae. (In a testament.) Persons who are not precisely designated, whose existence is uncertain (see postumi alieni) or of whom the testator had no precise idea (e.g., a legacy left to the person who would first come to the testator’s funeral). Such testamentary dispositions in favor of personae incertae were void. Postclassical and Justinian’s law permitted some exceptions.—C. 6.48.

Personae legitimae. The term occurs in later imperial constitutions in various meanings, primarily in that of a person capable to conclude a legal transaction or to act personally in court.

P. W. Duff, Personality in R. private law, 1938, 9.

Personalis. Pertaining to persons or to an individual. See CONSTITUTIONALS PERSONALES, MUNERA PERSONALIA. The term occurs frequently in later imperial constitutions and was often interpolated in classical texts, as, for instance, actio personalis for actio in personam.—See persona.

Guarneri-Citati, Indice² (1927) 65.

Personam alicuius sustinere. To represent (to replace) another person. With regard to an inheritance it is said (D. 41.1.34) that “it represents the person of the defunct, not of the heir.”

Perterritus. Frightened. The term is used of a person who acted metu (= under fear).—See metus.

Pertinere ad aliquem. To belong to a person as his property. The verb is used “in a very broad sense... it applies also to things which we possess under any title, although we have no ownership over them; we also say pertinere of things which are neither in our ownership nor possession but may become such” (D. 50.16.181), as, e.g., an inheritance “pertinet” to the heir although he did not yet enter it. The phrase “is ad quern ea res pertinet” may indicate a person who is interested in, or concerned with, a certain matter. Pertinere ad aliquem denotes sometimes a legal or moral duty of a person; when connected with a magistrate or a judge, it refers to his official duty.

Pervenire ad aliquem. What someone has obtained, gained (from another’s property or to another’s detriment). The term is important in the law of succession since, in certain instances, the liability of the heir (teneri) does not go beyond what he received from the estate. Syn. in quantum quis locupletior factus est. See ACTIONES IN ID QUOD PERVENIT. Ant. in solidum teneri = to be liable for the whole without regard to what the defendant had in fact received. —See LOCUPLETARI, BENEFICIUM INVENTARII.

F. Schulz, Die actiones in id quod pervenit, Diss. Breslau, 1905; P. Voci, Risarcimento e pena privata, 1939, 193.

Pervenire ad (in) aliquid. To obtain, to reach, to come to; pervenire in senatum = to become a senator ; pervenire ad libertatem = to become a free person ; pervenire ad pubertatem = to reach puberty.

Petere. See PETITIO, PACTUM DE NON PETENDO, and the following items.

De Sarlo, Causa petendi, BIDR 51/52 (1948).

Petere bonorum possessionem. To demand bonorum possessio from the praetor. Bonorum possessio was granted only at the request of the person entitled to it.

Petere tutorem. See postulatio tutoris.—D. 26.6; C. 5.31; 32.

Petitio. (In private law.) Actio. The term generally refers, however, to actiones in rem (see actiones in personam). A neat technical distinction between actio and petitio seemingly never existed nor can a substantial differentiation be found between the two terms and persecutio ; the three words occur sometimes together without any indication whatsoever of the distinctions among them. In the language of the imperial chancery of the later Empire petitio is used of a petition addressed to the emperor or a high official.—See pluris petitio.

Schnorr v. Carolsfeld, RE 19.

Petitio hereditatis. See hereditatis petitio.

Petitor. The plaintiff. See actor, is qui agit.

Petitoria formula. Petitorium indicium, in Justinian’s language, actio petitoria.—See formula petitoria.

Peto. (In the formula of a fideicommissum.) See FIDEICOMMISSUM.

Philosophi. Philosophers were exempt from the duty of assuming a guardianship. They were not reckoned among the professors and therefore they could not sue for a salary (see honorarium) ; “they despise mercenary services” (D. 50.13.1.4).

Piaculum. (In later imperial constitutions.) A crime which required expiation (punishment). Piaculum is also an expiatory sacrifice.

Piae causae. Pious, charitable purposes. Gifts to charitable institutions (foundations), such as orphanages, hospitals, poorhouses, almshouses for old people, and the like, were favored by Justinian’s legislation. Such institutions were administered by directors who were considered temporary and limited owners and were'authorized to appoint their own successors.— See LEX FALCIDIA.—C. 1.3.

Saleilles, Mel Gerardin 1907, 513; Cugia, St Fadda 5 (1906) 229; A. Sarrazin, Ftudes sur les fondations, These Paris, 1909; P. W. Duff, Charitable foundations of Byzantium, Cambridge Legal Essays presented to Bond, Buckland, 1926, 83; idem, Personality in R. private laiv, 1938, 203; L. Schnorr v. Carolsfeld, Gesch. der juristischen Person, 1 (1933) 15; J. M. Casoria, De personalitate juridica piarum causarum, (Naples) 1937; Bruck, Sem 6 (1948) 18; Philipsborn, RIDA 6 (1951) 141.

Pictura. A picture, a painting. The controversial question whether a painting made on another’s material (tabula) became the property of the owner of the material or of the painter was later decided in favor of the latter. He had, however, to compensate the owner for the material used.

Bortolucci, BIDR 33 (1923) 151; idem, Pubbl. Univ. Modena 30 (1928) 14; Nardi, AG 121 (1939) 129; idem, St sulla ritensione, 1947, 339.

Pietas. Dutifulness, respectful conduct, sense of duty, affection towards gods, parents, or near relatives; in general noblemindedness, honest way of thinking. “It is to be held that we are unable to commit acts which injure our dutiful conduct (pietas), our reputation (existimatio), our moral way of thinking, and generally speaking, are contrary to good customs.” This saying is by Papinian (D. 28.7.15). Although heavily criticized and frequently ascribed to Justinian’s compilers, it expresses a late classical idea. —See INTUITU.

Koch, RE 20; H. Kruger, ZSS 19 (1898) 6; Guarneri- Citati, Indice² (1927) 66 (Bibl. for interp.) ; Rabel, St Bonfante 4 (1930) 295; Th. Ulrich, P. als politischer Be- griff, 1930; E. Renier, Et sur I’histoire de la querela inof- ficiosi testamenti, 1942, 61; Riccobono, Lineamenti (1949) 71.

Pietas. An honorific title of the emperors. From the time of Diocletian they used to speak of themselves as “pietas nostra“ (mea).

Pigneraticius creditor. A creditor who accepted a pledge from his debtor as a security. Pigneraticius fundus = land given as a security (pignori datus). For actio pigneraticia (indicium pigneraticium), see PIGNUS.—See EXCEPTIO PIGNERATICIA.

Pigneratio, pignoratio (pignerare). Handing over a thing to one’s creditor as a pledge.—See pignus.

Pignoris capio. (By a magistrate.) Taking a pledge from a person who did not obey the magistrate’s command. This was one of the means of the coercive power of a Roman magistrate (coercitio). Originally the thing was destroyed (pignus caedere), later it was kept by the magistrate as pressure on the disobedient citizen. This might finally lead to the sale of the thing or to restoration to the owner in case he submitted. Syn. pignoris captio.

Steinwenter, RE 20, 1234.

Pignoris capio. (Through judicial proceeding.) A way of executing a debt due, see legis actio per pignoris capionem, pignus. Tax-farmers had the right to take a pledge from a tax-debtor through this legis actio. In the provinces they could do so in simpler extrajudicial proceedings.

Steinwenter, RE 20, 1235; Carcaterra, AnBari 5 (1942); Hill, AmJPhilol 67 (1946) 60; M. Kaser, Das altromische Ius, 1949, 205.

Pignoris causa indivisa est. A thing given a creditor as a pledge remains pledged until the debt is paid in full.—See pignus.

Pignus. Both the thing given as a real security (pledge) to the creditor by the debtor and the pertinent agreement under which the security was given (pignerare, pignori dare, pignus obligare). The agreement was a contract concluded re, i.e., by the delivery of the pledge to the pledgee. Pignus implies the transfer of possession (not ownership) of the thing pledged to the creditor (creditor pigneraticius) who held it until his claim was fully satisfied, see pignoris causa. During this time he was protected in his possession of the pledge by possessory interdicts; see interdictum. For the rights of the pledgee, see IUS DISTRAHENDI, HYPEROCHA, LEX COM- missoria, impetratio DOMiNii. As a matter of rule, the creditor had no right over the proceeds (fruits, rents, etc.) of the thing pledged unless it was agreed that he might take them as interest (see antichresis). Nor could the pledgee use the thing pledged. “A creditor who makes use of the pledge commits a theft” (Inst. 4.1.6). The pledger could sue the creditor for restoration of the pledge when he had fulfilled his obligation or when the debt was extinguished (for instance, when the proceeds of the thing had been taken by the creditor, in accordance with an agreement with the debtor, and they exceeded both interest and the principal). The same action, actio pigneraticia, lay against a creditor through whose fault the thing perished or deteriorated. On the other hand, the pledgee had an action against the pledger (actio pigneraticia contraria) for damages caused by the thing pledged through the fault (culpa) of the pledger, and for reimbursement of necessary expenses (impensae necessariae) incurred in the care of the pledge. Pignus differed from other types of security, fiducia and hypotheca, in that by fiducia ownership was transferred to the creditor, and by hypotheca the thing was not handed over at all, whereas through pignus only possession of the res pignorata was conveyed to the creditor. In Justinian’s law the differences between pignus and hypotheca were abolished.—D. 20.1; 3; 6; C. 8.13-32. For actio pigneraticia D. 13.7 ; C. 4.24.—See prior TEMPORE, VINCULUM PIGNORIS.

Manigk, RE 20; Humbert and Lécrivain, DS 4; Pagge, NDI 9 (s.v. pegno) ; Berger, OCD (s.v. security) ; T. C. Jackson, Justinian’s Digest Book XX with Engl, translation, 1909; E. Rabel, Die Verfugungsbeschrdnkungen des Verpfanders, 1909; E. Weiss, Pfandrechtliche Untersuchun- gen, 1-2 (1909, 1910) ; F. Messina-Vitrano, Per la storia del ius distrahendi nel pegno, 1910; M. Fehr, Beitrdge cur Lehre vom Pjandrecht, Uppsala, 1910; Biondi, AnPal 7 (1920) 233; U. Ratti, Sull’accessorietà del pegno, 1927; Grosso, ATor 65 (1929-30) 111; E. Volterra, Pegno di cosa altrui, 1930; S. Romano, Appunti sul pegno dei frutti, AnCam 5 (1931); La Pira, StSen 47 (1933) 61; idem, St Cammeo 2 (1933) 1; idem, St Ratti 1934, 225; E. Carrelli, St sull’accessorietà del pegno, 1934 ; Carcaterra, AnCam 12, 2 (1938) 51; Arno, ATor 75 (1939-40); Rabel, Sem 1 (1943) 33; Kreller, ZSS 64 (1944) 306; Bartosek, BIDR 51-52 (1948) 238; Proverà, St Solassi 1948, 346; Koschaker, Scr Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 232.

Pignus Gordianum. According to a reform of the emperor Gordian (a.d. 239) a creditor who had several claims against the same debtor only some of which were secured by à pledge, was allowed to retain the pledge until all debts were paid.

E. Nardi, Ritensione e pegno Gordiano, 1939; idem, St sulle ritensione. 1. Fonti e casi, 1947.

Pignus in causam indicati captum. A pledge taken from a debtor by order of a magistrate in execution of a judgment-debt adjudicated in a cognitio extra ordinem. The step was accomplished by official organs (apparitores'). In Justinian’s law this kind of execution was extended to all condemnatory sentences if the defendant refused to fulfill the judgment voluntarily.

Manigk, RE 20, 1273; P. Dienstag, Die rechtliche Natur des p.i.c.i.c., 1908; Sanfilippo, St Riccobono 2 (1936) 521. Pignus nominis. A pledge the object of which is the debtor’s claim (nomen) against a third person. The Utilis. See ACTIONES UTILES.

creditor might sue the debtor’s debtor by an actio Pignus pignori datum. Named in literature by the non-Roman term subpignus, this occurs when a creditor who received a pledge from his debtor gate it in turn to his own creditor as a pledge.

Pignus praetorium. A pledge taken by the creditor upon order of a magistrate; see pignus in causam iudicati captum. The missiones in possessionem had a similar function. In Justinian’s language pignus praetorium is “a pledge which is given by the indices” By this phrase the missiones are meant. —C. 8.21.

S. Solazzi, Concorso dei creditori 1 (1937) 208; Branca, StUrb 1937, 105; M. F. Lepri, Note sulla natura giurìdica delle missiones, 1939.

Pignus publicum. (A non-Roman term.) A pledge constituted in a document (instrumentum) made before a public officiai (publice confectum). It was recognized as valid in a late imperial constitution (a.d. 472). Justinian permitted setting up a pledge in a private document, signed by three witnesses (instrumentum quasi publice confectum).

Pignus rei alienae. A pledge of a thing which does not belong to the debtor.

Pignus taciturn (tacite contractum). See hypotheca tacita. Certain specific claims involved a right of pledge (ius pignoris, hypotheca) under the law over the property of the debtor. An agreement between the parties was not necessary. Thus, for instance, a person who lent money for the construction or repair of a building or of a ship had the right of pledge on the building or ship ; from the time of Constantine the property of a tutor or curator was charged with a general hypothec in favor of the ward’s claims. Justinian granted legatees and fidei- commissaries the same right over the things belonging to the estate. The privileged position of the fisc with regard to its debtors from contracts or for taxes is designated as velut iure pignoris, pignoris vice.— D. 20.2; C. 8.14.

Wieacker, Fschr Koschaker 1 (1939) 239.

Pilleus. A close fitting cap of liberty worn by freedmen on special occasions (e.g., the patron’s funeral). Hence pilleare — to put a cap on a slave’s head as a sign of manumission.

Paris, DS 4.

Pillius. A glossator of the twelfth century.—See glos- SATORES.

Gabrieli, NDI 9.

Pirata. A pirate. There was no special law concerning robbers on the high sea. They were punished with death by the naval commander who was engaged in a fight against them or by the provincial governor to whom they were handed over. A theft committed during an attack of pirates was subject to a fourfold penalty.—See lex gabinia de piratis.

KrolJ, RE 2A, 1042 (s.v. Secraub) ; Cary, OCD; Lecri- vain, DS 4, 487; Ormerod, Piracy in ancient zvorld, 1924; Levi, Riv. di filol. ed istr. classica, 2 (1924) 80; Riccobono, FIR P, 1941, 121 (Bibl.); Jones, JRS 16 (1926) 155.

Piscari (piscatio). Fishing in the sea and in public streams (see flumina publica) was free; the fisherman acquired ownership of the fish caught as of a res nitllius (see occupatio), unless a special and exclusive right of fishing was conferred by the competent authorities to individuals or groups (conduc- tores piscatus) through a lease. There was apparently a tendency to protect the rights of professional fishermen. Fishing in private lakes or fish-ponds (piscina) depended upon the permission of the owner. —See PORTUS. P1SCATORES.

Kaser, RE Suppl. 7, 684; Lafaye, DS 4; Longhena, NDI 11, 107; Rostowzew, DE 2, 593: Bonfante, Corso 2, 2 (1928) 61; Lombardi, BIDR 53-54 (1948) 339.

Piscatores. Fishermen.

Stockle, RE Suppl. 4, 460 (s.v. Fischcreigcwcrbc) ; M. Maxey, Occupation of the lozver classes in Roman society, Chicago, 1938, 12.

Pistores. Bakers. Under the empire the bakers of Rome were organized in an association. Their profession enjoyed particular protection by the authorities ; occasionally its exercise for a few years was the ground for granting Roman citizenship to a foreigner (a Latin). Bakers were exempt from the duty to assume guardianship. Bakeries were under the supervision of the office of the praefectus annonae. The introduction of gratuitous distribution of bread to poor people by the emperors, and later, the sale of bread at a low price contributed to giving the bakers the character of public servants. Later imperial legislation (C. Theod. 14.3) dealt frequently with the pistores and their legal status and privileges. Their union was called corpus or ordo pistorum and their task comprised the baking of bread and its distribution and sale.—C. 11.16.

Hug, RE 20; Besnier, DS 4; G. Gandi, Pistores. Note storico-corporative sui panificatori, 1931.

Pithana. Plausible, persuasive topics. This was the title of a collection of decisions in individual cases by Labeo. The work is known only from an epitome by Paul.

J6rs, RE 1, 2551; Berger, RE 10, 723.

Pittacium. A term of Greek origin used in later imperial constitutions. A tablet, a short note. It was used in the administration of food supply for the army.

Placentinus. A glossator of the twelfth century. He died in 1192. He was the founder of a law school in Montpellier.—See glossatores.

Kuttner, NDI 9, 1118; P. De Tourtoulon, Placentin, 1876; H. Kantorowicz, Jour. Warburg Inst. 2 (1938) 22; Zanetti, AG 140 (1951) 72.

Placere. Placet, when referring to an individual jurist, is used for introducing his personal opinion. Placet niihi = in my opinion. Placuit, without reference to a specific jurist or jurists, indicated the opinion of several jurists which prevailed over the opinion of other jurists. Syn. obtinuit. Placuit principi refers to an imperial decision or enactment.—See consti- TUTIONES PRINCIPUM.

Placitum. What private individuals agreed upon, an agreement. The term is less frequently used than its syn. pactum. With reference to legislative provisions placitum denotes either a statutory norm (placitum legis) or that of an imperial constitution (placitum principis).

Plagiarius. One who committed the crime of plagium, a kidnapper. Syn. plagiator.—See plagium, lex FABIA DE PLAGIARIIS.

Plagium. The legal rules concerning the crimen plagii were settled in the lex fabia de plagiariis which remained in force in Justinian’s legislation, with some alterations introduced by the legislation of the emperors and the interpretation of the jurists.—D. 48.15; C. 9.20.—See lex fabia, vincula, suppri- MERE, SUSCIPERE SERVUM.

Berger, RE Suppl. 7, 386; Brecht, RE 20; Lecrivain, DS 4; Niedermeyer, St Bonfante 2 (1930) 381; Lardone, Univ Detroit Law J 1 (1932) 163; Lauria, AnMac 8 (1932); Berger, BIDR 45 (1938) 267.

Plane. Certainly, to be sure, of course. The particle was often used by the compilers to introduce an explanatory or restrictive remark, mostly of a harmless nature.

Guarneri-Citati, Indice² (1927) 66 (Bibl.).

Planta. A plant put in another’s ground became property of the land-owner, provided that it had taken root there.

Plantare (plantatio). See planta, superficies cedit SOLO, SATIO.

Planum. See de plano.

Plautius. A jurist of the first post-Christian century. He is known only from commentaries written by later jurists (Neratius, Pomponius, Javolenus, Paulus) on his work which apparently dealt primarily with the praetorian law. The attention paid by the classical jurists to Plautius (Paul’s commentary had no less than 18 books) is evidence of the great esteem Plautius enjoyed with the later jurisprudence.

Berger, OCD; idem, RE 10, 710; 17, 1835; Siber, RE 21 (no. 60); Orestano, NDI 9; Riccobono, BIDR 6 (1893) 119; Ferrini, Opere 2 (1927, ex 1894) 205.

Plebeii. See PLEBS, PATRICII.

Plebiscitum. A decision, decree or legislative measure passed by the assembly of the plebeians (concilia plebis). Originally the gatherings of the plebeians dealt only with matters which concerned the plebeians. The most important matter was the election of plebeian magistrates (tribuni, aediles plebis). Later, the competence of the concilia plebis were extended on legislative enactments. For the historical development which finally made the legal force of plebiscita equal to that of leges (statutes passed by comitia of the Roman people), see lex Valeria HORATIA, LEX PUBLILIA PHILONIS, LEX HORTENSIA, EXAEQUARE, LEX, CONCILIA PLEBIS, and the following item.

Siber, RE 21; Fabia, DS 4; Tilman, Musee Beige, 1906; Baviera, St Brugi 1910; Guarino, Fschr Schulz 1 (1951) 458; Biscardi, RHD 29 (1951) 153.

Plebs. The great “bulk of the people” (multitudo) opposed to the noble families. In the technical meaning plebs denotes a social class (group, “order”) of the free population of Rome, distinguished from the patricians (see patricii). The uncertainty of the sources made of the origin of the plebs one of the most controversial questions of early Roman history. Originally the plebs probably consisted of various elements, such as the population of the surrounding territories conquered by Rome, clients (see clientes) of patrician families, who lost the protection of a noble gens, and foreigners who came to Rome as workers or to exercise a small commerce. In historical times the plebeians appear already as Roman citizens although not enjoying full political and civil rights of the privileged social group, the patricians. The plebeians were excluded from magistracies and priesthood, and marriage between patricians and plebeians was prohibited. During the first two centuries of the Roman Republic there was a continuous struggle between the two classes during which the plebs gradually obtained the right to have magistracies of their own (tribuni plebis, aediles plebis) and the admission to magistracies and positions formerly reserved for the patricians. For details, see patricii. See also plebiscitum and the related items. Under the Empire the distinction plebeii—patricii acquired a quite different significance. Plebs generally refers to the lower classes of the population without specific connotations and is opposed to persons of senatorial or equestrian rank, to the classes of officials or wealthy and influential persons; see honestiores, humi- liores, potentiores.—See PATRICII (Bibl.), TRANSITED AD PLEBEM.

Siber and Hoffmann, RE 21 (Bibl. 102) ; Lécrivain, DS 4 ; Di Marzo, ND1 9 ; Momigliano, OCD ; Vassalli, StSen 24 (1907) 131; J. Binder, Plebs, 1909; Bloch, La plèbe rom., Rev. Historique 106-7 (1910-11); Giorgi, St storici per l'antichità das. 5 (1912) 249; Rosenberg, Hermes 48 (1913) 359; G. Oberziner, Patriciato e plebe (Pubbl. Accad. Scientif.-Lett., Milan, 1913) ; V. Arangio-Ruiz, Le genti e la città, 1914, 64; Piganiol, Essai sur les origines de Rome, 1917, 53, 247; Rosé, JRS 12 (1922) 106; Hoffmann, Neue Jahrbücher für das klas. Altertum 1938, 82;

F. Altheim, Lex sacrata. Die Anfänge der plebeischen Organisation (Amsterdam, 1940) ; Last, JRS 35 (1945) 30; A. Dell’Oro, La formatone della stato patrido-plebeo, 1950, 59.

Plecti. To inflict a penalty. The term occurs in imperial constitutions. See CAPITE PUNIRE.

U. Brasiello, La repressione penale, 1937, 223.

Plena pubertas. See minores.

Plenus. Full, complete, undiminished. The term is often connected with ius, proprietor, dominium, and similar words. It is a favorite adjective in the language of the imperial chancery; particularly frequent are the superlatives plenissimus and pienissime. Plerumque. See interdum.

Guarneri-Citati, Indice³ (1927) 67.

Plumbatura. Soldering two pieces of metal with lead. The parts thus joined remain distinct and may be separated when belonging to two different owners., Syn. adplumbatio.—See ferruminati©.

Plures rei promittendi (stipulandi). See duo rei. Plures tutores. See contutores.

Pluris petitio. See PLUSPETITIO.

Plus. See MINUS.

Pluspetitio (pluris petitio). Claiming _tmore than is due, an excessive claim. A plantiff may overclaim {plus petere) in substance (re) when he claims a bigger amount than is due to him; in time (tempore) when he claims before the payment is due; in place (loco), when he claims at a place (in a city) other than that where the payment had to be performed (see ACTIO DE EO QUOD CERTO LOCO) J Or in Cause (causa) when he claims a certain thing although the debtor had the right to chose between two or more things. According to the classical law, a plaintiff who claimed in the intentio of the formula more than he was entitled to, lost the case definitely. His claim could be restored, however, by a restitutio in integrum in circumstances in which this remedy was available. An overstatement in the part of the formula called demonstratio did not produce the loss of the case for the plaintiff. After the abolition of the formula-regime the pluspetitio lost its actuality. Imperial legislation modified the severe provisions against overclaims ; the plaintiff was allowed to change or limit his claim during the trial, but he incurred some losses because of the unnecessary delay of the trial. In Justinian’s law the plaintiff lost the case only if he maliciously persisted during the whole trial in his overclaim.—C. 3.10.

Schnorr v. Carolsfeld, RE 21; P. Collinet, La procedure par libelle, 1932, 483; Solazzi, SDH1 5 (1939) 231.

Pluvia aqua. Rain water.—See actio aquae pluviae ARCENDAE, SERVITUS STILLICIDII.

Poena. Punishment, penalty. Poena is both punishment for public crimes (crimen) and pecuniary penalty to be paid to the person wronged by a private wrongdoing (see delictum). The Roman system of penalties was built up on the conception that punishment was of an expiatory and vindictive nature and had to serve as a deterrent measure; correction of the criminal was not taken into consideration. Hence the death penalty was threatened in most cases. For the various kinds of execution, see crux, ani- MADVERSIO GLADII, FURCA, CULLEUS, CREMATIO, OBICI BESTIIS, DEICERE E SAXO TARPEIO, STRANGULATIO, decollatio, metallum. The death penalty was one of the capital punishments (poena capitalis, poena capitis) which involved either loss of life or only loss of liberty or citizenship (see caput). The loss of liberty (see servus poenae) was connected with compulsory labor in mines for life (damnatio ad metalla, see metallum) or in public works (see opus publicum). For the loss of citizenship see DEPORTATIO, RELEGATIO, EXILIUM, INTERDICERE AQUA et igni. Another group of penalties embraced pecuniary penalties (poena pecuniaria, nummaria) such as seizure of property (see ademptio bonorum, pub- licatio, confiscate) and fines (see multa). Corporal punishment was not strictly a poena but a coercive measure (cocrcitio) or an aggravation of another kind of punishment (sometimes even applied before the capital execution) ; see castigare, flagellum, fustis, verbera. Imprisonment (see car- cer) was applied as a measure of coercion to enforce obedience to an order of a magistrate. Penalties to be inflicted for specific crimes were fixed in the statute which declared the pertinent wrongdoings as a crime to be prosecuted and punished as a crimen publicum, or in imperial constitutions which dealt with criminal matters. Under the Empire penalties were differentiated according to the social status of the person convicted (honestiores—humiliores), persons of lower classes being exposed to severer penalties; in certain cases in which the honestiores (potentiores) were punished only by banishment, the humiliores suffered the death penalty. Later imperial legislation introduced manifold reforms both in the system of penalties and their applicability. Some of those reforms were of a short duration since the emperors often modified the innovations of their predecessors. Private penalties which superseded private vengeance and retaliation of the earliest law (see talio), consisted in the payment of a sum of money to the person injured by a private crime (delictum') ; see furtum, rapina, iNiURiA. The condemnation for a crime involved certain other consequences for the culprit although they were not considered a poena in the strict sense of the word; see POENA EXISTIMATIONIS, INTESTABILITAS, INFAMIA, ignominia.—D. 48.19; C. 9.47.—See moreover iudi- CIA PUBLICA, QUAESTIONES, COGNITIO, ACTIONES POENALES, LEGATUM POENAE NOMINE RELICTUM, coercitio, gravis, and the following items.

Lécrivain, DS 4; Brasiello, NDI 12 (sistema dèlie pene) ; Buonamici, Il concetto della pena nel dir. giust., St Pessina 2 (1899) 187; E. Costa, Crimini e pene da Romolo a Giustiniano, 1921 ; Jolowicz, The assessment of penalties in primitive law, Cambridge Legal Essays in honor of Bond, Buckland, etc., 1926, 203 ; Ciulei, Rhein. Museum fur Philologie 91 (1942) 32; U. Brasiello, La repressione _x penale, 1937; Levy, BIDR 45 (1938) 57; F. M. De Robertis, ZSS 59 (1939) 219; idem, RISG 14 (1939) 30; idem, AnBari 4 (1941) 17, 9 (1948) 1; idem, St in dir. penale rom., 1943, 101; idem, St Solassi 1948, 168; idem, La variasione della pena nel dir. rom., Parte generale, 1950.

Poena. (In the law of obligations.) A penalty agreed upon by the parties, to be paid by the debtor in the case of non-fulfillment of his obligation in due time. A penalty clause could be added to any agreement either in the form of a stipulatio (stipulatio poenae) or of a formless pactum attached to a contractus bonae fidei. A penalty clause could be inserted in a testament to compel the heir to fulfill the testator’s orders. —See STIPULATIO POENAE.

Brassloff, ZSS 25 (1904) ; Guarneri-Citati, BIDR 32 (1922) 241 ; P. Voci, Risarcimento e pena privata, 1939, 185.

Poena capitalis (capitis). Denotes not only the death penalty but also a penalty connected with the loss of caput (capitis deminutio maxima and media, see caput), to wit, of liberty or citizenship. Locutions such as capite plecti, puniri, and the like usually refer to the death penalty. Syn. poena mortis. For the various forms of execution, see poena. The death penalty was normally executed in public, unless execution in prison was ordered. The execution of a woman was not public. Execution was performed after the final judgment without delay; the execution of a pregnant woman was postponed until after delivery.

Latte, RE Suppl. 7 (s.v. Todesstrafe) ; U. Brasiello, La repressione penale, 1937, 215 and passim.

Poena cullei. See culleus.

Poena dupli. See lis infitiando.

Dull, Scr Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 218.

Poena exilii. See exilium.

Poena existimationis. A penalty by which the esteem which a person enjoyed in society was destroyed.— See EXISTIMATIO, INFAMIA, IGNOMINIA.

Poena metalli. See metallum.

Poena mortis. See poena capitis.

Poena nummaria. See num maria poena, poena PECUNIARIA.

Poena pecuniaria. A fine, a penalty consisting in the payment of a sum of money. The amounts were originally fixed in the penal statutes, often in proportion to the injury caused. The severest form of a pecuniary penalty was the seizure of the whole or of a part of the wrongdoer’s property.—See multa, ADEMPTIO BONORUM, CONFISCATIO, PUBLICATIO.

U. Brasiello, La repressione penal e, 1937, 131.

Poena sanguinis. See sanguis.

Poenae temere litigantium. Penalties imposed on reckless litigants, both plaintiff and defendant, who initiated or continued a trial inconsiderately.—Inst. 4.16.—See INFITIATIO, CALUMNIA, INFAMIA, ACTIONES FAMOSAE, IMPENSAE LITIS, IUDICIUM CONTRARIUM.

Poenalis. Connected with (involving) a penalty. See ACTIONES POENALES, IUDICIA POENALIA. Caitsa pOC- nalis — a criminal matter (trial).

Poenitentia. See paenitentia.

Poetae. Poets. An imperial constitution of the middle of the third century (C. 10.53.3) stated: “Poets are not granted any privileges of immunity” (from public charges), contrary to teachers and physicians.—See MAGISTRI, MEDICI.

Politio. A contract with a cultivator (politor) who assumed the task of improving the productivity of land. He was rewarded with a portion of the proceeds. The agreement was a combination of a hire and a partnership.

Polliceri. To promise. The term refers to promises made both in a solemn form (stipulatio) and in a formless agreement. In his Edict the praetor used the term to announce that in certain legal situations he would grant protection (auxilium) through a procedural remedy (actio, indicium, restitutio in integrum), or in cases of succession, a bonorum possessio.

Düll, ZSS 61 (1941) 28.

Pollicitatio. A promise of a gift in money made to a municipality by a person who obtained or sought to obtain an official post in the municipal administration. Such a promise was considered binding and could be sued for. Another kind of pollicitatio was a promise made by a person to a municipality to erect a construction on a public place (a monument, a building for public purposes). The promisor was obligated by such a promise if the construction had been commenced. He had to finish the work or to provide the sum necessary for that purpose.—D. 50.12.

Anon., NDI 9; Brini, MemBol 1908; Ascoli, St Salandra 1928, 215; Archi, RISG 8 (1933) 563; E. Albertario, St 3 (1936) 237; Villers, RHD 18 (1939) 1; Düll, ZSS 61 (1941) 19; Biondi, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 131; Roussier, RIDA 3 (1949) 296.

Pollicitatio dotis. The constitution of a dowry trough, a formless promise. A constitution of the emperor Theodosius II (C. 5.11.6, a.d. 428) introduced the pollicitatio dotis and made thus the solemn forms (dictio dotis, stipulatio dotis) superfluous.—C. 5.11. —See PROMISSIO DOTIS.

Riccobono, ZSS 35 (1914) 270; Landucci, AG 94 (1925) 39. Pomerium. The territory of Rome within the original boundaries (walls) of the city. The pomerium, which from the beginning was somewhat connected with sacral rites, and, later, the territory within the first milestones (see miliarium) was the domain of the magisterial imperium domi (see domi). The comitia curiata could gather only within the boundaries of the pomerium (intra pomerium), the comitia centuriata only outside of it (extra pomerium). The emperors had the power to extend the pomerium beyond its former limits.

Besnier, DS 4; Severini, NDI 9; Richmond, OCD; O. Karlowa, Intra p. und extra p., 1896; v. Blumenthal, RE 21, 2 (1952) 1867.

Pompa. See ostentatio.

Borner, RE 21, 2 (1952) 1978.

Pomponius, Sextus. A prominent jurist of the time of Hadrian and Antoninus Pius (around the middle of the second century). He is the author of three treatises on civil law written as commentaries on works of earlier jurists (ad Quintum Mucium, ad Plautium, ad Sabinum), of an extensive commentary on the praetorian Edict (known Only from citations by later jurists), and of a series of monographs on various topics (on fideicommissa, on stipulations, on senatusconsulta). For his brief history of Roman jurisprudence, see enchiridium. Two extensive collections of casuistic material (Epistulae and Variae lectiones) complete the picture of his literary activity which was abundantly exploited by Justinian’s compilers of the Digest.

Berger, OCD; Di Marzo, Saggi critici sui libri di Pomponio Ad Q. Mucium, 1899; Wesenberg, RE 21, 2 (1952) 2415.

Ponderator. An official weigher who ascertained the weight of money (primarily of gold coins) contributed by taxpayers (in the later Empire).—C. 10.73. Pondus. The weight.—See res quae pondere, numero, etc.

Pone. (Imperative.) Let us suppose, assume. The locution frequently occurs in juristic writings to introduce a specific, imaginary instance (“for instance” = verbi gratia) for a better understanding of what was said before.

Ponere. Sometimes syn. with deponere (pecuniam, magistratum), sometimes with opponere (e.g., exceptionem).

Ponere. (With reference to agreements or testaments.) To settle, to order, to dispose.

Ponere diem. To fix a date for the fulfillment of an obligation or for certain procedural acts in a trial.

Pons. A bridge. A bridge over a public river (flumen publicum) built up by the owner or owners of the opposite banks remained private property of the builders.

G. Segri, BIDR 48 (1941) 26.

Pontifex maximus. The chief pontiff among the pon- tifices, the head of the pontificial college. He was “considered the judge and arbitrator over divine and human matters” (Festus). The pontifex maximus was appointed for life and could not be removed. He was, in fact, the executor of the pontifical power in all more important actions, the other pontiffs (see pontifices) generally acted as his council. He convoked and presided over the comitia curiata. He had the power of punishing the members of the pontificial college and other priests, as well as the Vestal Virgins (see vestales). The dignity of a pontifex maximus was for a long period the privilege of the patricians; the first plebeian pontifex was Tiberius Coruncanius (253 b.c.) ; see coruncanius. Under the Principate the emperors held the position of the pontifex maximus.—See lex papia, regia.

G. Wissowa, Religion und Kultus der Romer, 1902, 437; M. F. Martroye, Le titre de p.m. et les empcreurs chre- tiens, Bull, de la Societe des Antiquaires de France, 1928, 192; Leifer, Klio, Beiheft 23 (1931) 122; Zmigryder- Konopka, Eos 34 (1933) 361; L. R. Taylor, CIPhilol 1942, 427; Gioffredi, Bull. Commissione archeol. Comunale 71 (1945) 129.

Pontifices. High priests who took care of all matters connected with religion and public cult. They constituted a body (collegium) originally of three, later of six members (among them was perhaps the king). In further development the college of pontiffs had nine members (according to Lex Ogulnia four patricians and five plebeians) ; their number increased to fifteen and more. The pontiffs were creators, guardians of, and experts in, divine and pontifical law (ius divinum, pontificium) and settled the rules for sacred rites (ius sacrum). The close connection between religion and law in the early Roman state gave the pontiffs a particular position in legal matters. They alone knew the law, divine and human (fas—ius), and the legal forms, which, being preserved in the archives of the pontifical college, were accessible to them only. In view of the fact that formalism was the basic element of early law, the pontifices acquired a kind of monopoly in the knowledge of legal forms and rules, which through the first two centuries of the Republic remained their exclusive possession. Their activity in legal life was similar to that of the jurists in later centuries. They advised the magistrates in legal matters and gave answers (responsa) to juridical questions put before them by private individuals and helped them in drafting written documents and in the use of procedural and other forms. The Roman calendar was organized by the pontiffs; they fixed the days on which trials could not take place. The popular assemblies, comitia curiata, were convoked and presided by the highest priest among the pontifices, the pontifex maximus, and since several acts connected with the family organization were performed there (such as adro- gatio, or a testament), the pontiffs, although primarily interested in the sacral rites (sacra) of the family, acquired a considerable influence in the province of family law. The contribution of the pontiffs to the development of the Roman law was considerable. As late as the third century after Christ, the jurist Ulpian in the definition of jurisprudence mentions in the first place the divinarum rerum notitia (see iurisprudentia).—In the enactments of the Chris- tion emperors pontifex = bishop.—See pontifex MAXIMUS, DIES FASTI, C0MMENTARI1 SACERDOTUM, LEX D0MITIA, LEX 0GULNIA.

Berger, RE 10, 1159; Bouche-Leclercq, DR 4; Frezza, NDI 9; Rose, OCD; A. Coqueret, De 1'influence des pontifes sur le droit prive d Rome, These Caen, 1895; O. Tixier, Influence des pontifes sur le dcvcloppement de la procedure civile, 1897; G. Wissowa, Religion und Kul- ttis der RomeP, 1912; C. W. Westrup, R. pontifical college, 1929; Sogliano, Hist 5 (1931) ; G. Rohde, Kultsatzungen der rom. P., 1936; F. De Martino, La giurisdizione, 1937, 13; Bruck, Sem 3 (1945) 2; F. Schulz, History of R. legal science, 1946, 6; M. Kaser, Das altrom. lus, 1949, passim; idem, Religione c diritto in Roma arcaica, AnCat 3 (1949) 77; Latte, ZSS 67 (1950) 47; P. Noailles, Du droit sacre au droit civil, 1950, 24.

Pontifices minores. Secretaries (scribae) of the pontifical college. They assisted the pontiffs in their functions.

Pontificium. Used in later imperial constitutions in the meaning of power, right (even in the domain of private law).

Populares. See opti mates.

Popularis. (Adj.) See actiones populares, interdicta PRIVATA.

Popularis. (Noun.) A member of the populus (population) of a city.

Populus. Cicero (Rep. 1.25.39) gives the following definition of populus: “it is not any assemblage of men brought together in some way, but an assemblage of a crowd associated by law agreed'upon and by common interests.” The term populus embraces all citizens, and in a narrower sense, all men gathered together in a popular assembly.

G. I. Luzzatto, Epigrafia giuridica greca e romana, 1942, 45.

Populus Romanus (or populus Romanus Quiritium). The whole citizenry of the Roman state, including both patricians and plebeians (orginally only patricians). The populus Romanus was a collectivity of physical persons which had its own rights, its existence; it might be owner, debtor, creditor, legatee, heir, manumitter of slaves, vendor or buyer, etc. Its acts and legal transactions, however, 1949; Monier, St Albertario 1950, 197; Kaser, Detentio, Deutsche Landesreferate sum 3. intern. Kongress für Rechtsvergleichung, 1950, 85 (Bibi.) ; Branca, St Car- nelutti 4 (1950) 369; E. Levy, West Roman Vulgar Law, 1951, passim.

Possessio ad interdicta. Possession which is protected by interdicta. Interdictal protection was granted also to those who held another’s thing according to an agreement with the owner and although they had no intention of possessing it as their own, they could not be disturbed in their right over the thing. Thus a creditor holding a pledge {creditor pigneraticius), one who received the thing as a precarium, a possessor of an ager vectigalis or emphyteuticarius, a sequester, all these might ask for an interdict in the case of disturbance by ä third person. Other holders of another’s things had either special interdicts introduced by the praetorian law for their protection (as the superficiarius, see interdictum de superficiebus or the usufructuary, to whom an interdict was granted as interdictum utile, see interdicta utilia) or had no interdictal protection at all as in the case of depositum or commodatum.

Kaser, ZSS 64 (1944) 389.

Possessio civilis. See POSSESSIO naturalis.

Possessio clandestina. See clandestina possessio, CLAM.

Possessio corporalis (corpore). The factual control over a thing; see possessio, possessio naturalis.

Possessio ficta. See possessor fictus.

Possessio iniusta. Possession of a thing obtained either vi (by force), clam (secretly, clandestina possessio) or precario (upon request, see precarium). Syn. possessio vitiosa. Ant. possessio iusta — possession which is not affected by one of the defects mentioned. Possessio iniusta could be objected only by the person who was deprived of its possession by the possessor iniustus. Against third persons the latter enjoyed the same protection as a possessor iustus.—See EXCEPTIO vitiosae possessionis, interdictum UTI POSSIDETIS.

Possessio iuris (quasi possessio). Possession of a right, as, for instance, of an usufruct. In such cases the classical terminology used the expression usus iuris. Since in classical law possession was limited to corporeal things, the terms possessio iuris and quasi possessio are obviously a postclassical or Justinian’s creation.

Di Marzo, StSen 23 (1906) 23; Riccobono, ZSS 34 (1913) 251; Albertario, Studi 2 (1941, ex 1912) 307, 337, 359, 369; G. Scgrè, BIDR 32 (1922) 293; Denoyez, Fschr Ko- schaker 2 (1939) 304; A. Carcaterra, Il possesso dei diritti, 1942; Sargenti, Scr Ferrini 2 (Univ. Pavia, 1947) 226 ; S. Solazzi, La tutela delle servitù, 1949, 139.

Possessio iusta. See possessio iniusta.

Suman, AVen 76 (1917) 1607; E. H. Seligsohn, Iusta p., 1927.

Possessio libertatis. The term possessio is sometimes applied with reference to the personal status of a person, e.g., to his liberty {possessio libertatis), citizenship {possessio civitatis) or to his being a slave ( possessio servitutis).

Peterlongo, St Albertoni 2 (1937) 195, 213.227.

Possessio momentaria. A vague, non-technical, post- classical term referring to a temporary, provisional possession settled through a possessory remedy {interdictum). The possessio momentaria is opposed to possession definitely decided upon in a trial {actio in rem) in which the question of ownership {causa proprietatis) of the thing in dispute was involved. The confusion in the terminology of imperial constitutions of the fourth and fifth centuries (the use of momentum for possessio momentaria, of quaestio momenti for interdictum momentariae possessionis) does not permit a clear picture. The interdictum momentariae possessionis which generally has been identified with the interdictum unde vi, perhaps served originally to protect possession held through a representative (a friend, relative or slave) in the absence of the true possessor, as a provisory arrangement until the absent person returned.

Levy, Scr Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 111; idem, West Roman Vulgar Law, 1951, 244; J. De Malafosse, L'interdit momentariae possessionis, Thèse Toulouse, 1949.

Possessio naturalis (naturaliter possidere). A simple holding of a thing. The holder had no intention rem sibi habendi (= to have the thing for himself) and there was no iusta causa possessionis for his holding the thing. Ant. possessio civilis which is based on a iusta causa {— a just legal title) for the acquisition of possession and which, under ius civile, might lead in certain circumstances to the acquisition of property through usucapio. Possessio civilis is protected by the actio publictana. In Justinian’s law a confusion was brought into the classical distinction possessio civilis—possessio naturalis inasmuch as certain possessory situations which in the classical law were not covered by the term possessio civilis were so qualified by Justinian. In classical law persons with mental defects, and infants could not have a legally valid will {animus) and consequently no possessio civilis. Other cases of possessio naturalis were those of a lessee, depositee and a commodatarius since they are considered holding the thing for the owner ; therefore they can not claim interdictal protection.

Riccobono, ZSS 31 (1910) 321; idem, Scr Chironi 1 (1915) 377; Schedilo, RendLomb 63 (1930) 507; Bonfante, Scr giur 3 (1926) 534; Kunkel, Symb Frib Lend, 1931, 40; Maschi, La concezione naturalistica, 1937, 112; Peterlongo, AnPer 50 (1938) 169; M. Kaser, Eigentum und Besitz, 1943, 169; idem, Detentio, in Deutsche Landes- rejerate zum Dr it ten Intern. Kongress fur Rechtsvergleichung, 1950.

Possessio vacua. See vacua possessio.

Possessio vitiosa. See possessio iniusta. Possessiones. Great landed property, big estates. Possessor (possidens). See possessio, par causa, AGER OCCUPATORIUS.

Possessor bonae fidei (possidere bona fide). One who possesses a thing belonging to another, and believes in good faith that he is the owner; for instance, one who bought a thing from a non-owner. When sued by the real owner for restitution of the thing, he loses the case; when he sues the owner who succeeded in obtaining the thing back, the latter will oppose the exceptio iusti dominii claiming that he is the right owner. Against third persons the possessor bonae fidei is protected by interdicta and may also use the actio publiciana. The possessor bonae fidei becomes owner under ius civile through possession during a certain period; see usucapio. Ant. possessor malae fidei {possidere mala fide) = one who knows that he is not the owner of the thing he holds unlawfully. The distinction between possessores bonae fidei and malae fidei was of importance; when sued by the owner and condemned they had to return the proceeds (see fructus) to the owner The possessor bonae fidei was liable only for the fructus extantes (still existing) and the fructus he gathered {percepti) after the joinder of issue {litis contestatio), whereas the possessor malae fidei was liable for all fructus, even fructus percipiendi. Analogous rules were applied in the case of the restitution of an inheritance (see hereditatis petitio) ; the extension of the responsibility of the possessor of the estate depended upon the circumstance whether he was in good or in bad faith.

Aru, BIDR 45 (1938) 191; De Martino, St Scorza 1940, 275; Fabi, AnCam 16 (1942-44) 53; Daube, CambLJ 9 (1945) 31; P. Ramelet, L’acquisition des fruits par I'usu- fruitier et par le p.b.f., 1945; Henrion, RIDA 4 {—Mel De Visscher 3, 1950) 579; Albanese, AnPal 21 (1950) 91.

Possessor fictus (possessio ficta). In literature a person who in reality does not possess the thing which is the object of a dispute but who maliciously feigns to possess it in order to deceive the plaintiff.—See LITI SE OFFERRE, DOLO DESINERE POSSIDERE.

Arno, Mem. Accad. Torino, Scienze morali, 70, 2 (193940) 39.

Possessor malae fidei (possidere mala fide). See POSSESSOR BONAE FIDEI.

Possessor pro herede. One who holds an estate in the belief that he is the heir.—D. 41.5.

Possessor pro possessore. One who holds an estate and does not assert that he is the heir but when questioned by the praetor about the title of his possession, he has no other answer than: “I possess because I possess.” He is considered a possessor malae fidei and treated as a praedo.—D. 41.5.

Possessorius. Connected with bonorum possessio. See hereditatis petitio possessoria. For interdictum possessorium, see BONORUM venditio.

Possidere. See possessio.

Carcaterra, AG 115 (1936) 168.

Post. (Adv.) Syn. postea. See ex post facto.

Posteri. Descendants. Syn. descendentes, sometimes syn. with postumi. In a broader sense posteri = more distant relatives.

Posterior lex. A statute later than another one referring to the same matter. “A later statute is related to a former one unless it is contrary to it” (D. 1.3.28).—See PRIOR LEX.

Posteriora (libri posteriores). A posthumously edited work. In Roman juristic literature, one such work only is known, the Posteriora of Labeo, allegedly in forty books. A compilation of excerpts from this work (an epitome) was prepared by the jurist IAVOLENUS.

Berger, RE 17, 1836; idem, BIDR 44 (1937) 91; Di Paola, BIDR 49/50 (1947) 277; F. Schulz, History of Roman Legal Science, 1946, 207.

Postliminium. A Roman citizen who had been caught by an enemy as a prisoner of war became a slave of the enemy, but he regained freedom and “all his former rights through postliminium (iure postliminii)” when he returned to Roman territory. His marriage, however, which was dissolved through his captivity, did not revive; the same applied to possession, which was a factual situation (res facti, see possessio) ; hence his things had to be taken into possession anew.—D. 49.15; C. 8.50.—See redemptus AB HOSTIBUS (Bibl.), CAPTIVUS, LEX CORNELIA de captivis, actio rescissoria, deportatio, transfuga.

Berger, OCD; Anon., NDI 10; Lecrivain, DS 4; L. Sertorio, La prigionia di guerra e il dir. di postliminio, 1916; Solazzi, RendLomb 1916, 638; Beseler, ZSS 45 (1925) 192; Ratti, Alcune repliche in terna di postliminio, 1931; Ambrosino, SDH I 5 (1939) 202; Orestano, BIDR 47 (1940) 283; Guarino, ZSS 61 (1941) 58; A. D’Ors, Revista de la Faculdad de derecho de Madrid, 1942, 200; G. Faiveley, Redemptus ab hoste, These Paris, 1942; J. Im- bert, Postliminium, These Paris, 1944; P. Rasi, Consensus facit nuptias, 1946, 107; Solazzi, Scr Ferrini 2 (Univ. Catt. Sacro Cuore, 1947) 288; Bartosek, RIDA 2 (1949) 37; De Visscher, Fschr Koschaker 1 (1939) 367 (= Nouvelles Ftudes 1949, 275) ; L. Amirante, Captivitas e p., 1950; Imbert, RHD 27 (1949) 614; Gioffredi, SDHI 16 (1950) 13; Kreller, ZSS 69 (1952) 172.

Postliminium rei. When certain things (slaves, ships, horses) and not their owner, were taken by an enemy, they returned after the war, when recovered from the enemy, to the owner.

Solazzi, RISG 86 (1949) 1.

Postrema voluntas. In imperial constitutions a last will.

Postulare. (In a civil trial.) “To expound one’s claim or that of one’s friend in court (in iure) before the magistrate who has jurisdiction or to contradict the adversary’s claim” (D. 3.1.1.2). Postulare refers to the request addressed to a magistrate for granting an action, an interdict, an exception, an in integrum restitutio, or a honor um possessio. The parties usually acted personally, with the assistance of advocates (see advocatus) or through representatives (see COGNITOR, procurator). The praetorian Edict contained precise rules as to who might or might not legally act in court. There were three categories of persons in this respect, first persons totally or partially excluded from postulare (such as minors under seventeen years, deaf persons). They might act through an advocate who was assigned by the praetor if they had none by their own choice. The second group were excluded from postulare (acting) for other persons, but not from postulare for themselves (such as women, blind persons, persons condemned for a capital crime, gladiators). The third group included persons permitted to postulate for themselves ; among them were persons dishonorably discharged from military service, condemned for certain crimes or in civil trials for acts committed against good faith in contractual relations with other persons. Persons enumerated in this group could act in court also in behalf of their nearest relatives, patrons, and the like.—D. 3.1; C. 2.6.—See infamia.

Solazzi, BIDR 37 (1929) 1.

Postulare. (In criminal matters.) Syn. accusare. Postulare interdictum. See interdictum.

Postulare pro aliis. To act in court in behalf of other persons. See POSTULARE.

Postulatio iudicis (arbitri). See legis actio per IUDICIS ARBITRIVE POSTULATIONEM, IUDICES.

Postulatio simplex. In the later civil procedure the initial act of the plaintiff or his lawyer presenting the case against his adversary and asking for the start of a trial.—See libellus conventionis.

P. Collinet, La procedure par libelle, 1932, 239; Steinwenter, ZSS 54 (1934) 377; Fliniaux, RHD 9 (1930) 94; Betti, ACDR Roma 2 (1935) 149; Balogh, St Ricco- bono 2 (1936) 473.

Postulatio suspecti tutoris. See tutor suspectus.

Postulatio tutoris. A request addressed to the competent authority (a consul or praetor in Rome, a municipal magistrate, a governor of a province) for the appointment of a guardian. The request (petere tutorem) had to be made by a relative, a friend or a creditor of the ward.—See tutor dativus.—D. 26.6; C. 5.31; 32.

Sachers, RE 7A, 1518.

Postumus. A child born after the death of the testator within ten months or after the will was made. For the various kinds of posthumous children some of whom had a right of succession to the inheritance of the person whose postumi they were, see the following items. In the developed classical law certain postumi should be instituted as heirs since otherwise the testament was void.—C. 6.29.

Cuq, DS 4; Robbe, NDI 10; idem, I postumi nella succession testamentaria romana, 1936; B. Biondi, Suceessione testamentaria, 1943, 114.

Postumus alienus. A child born after the death of the testator, who would not have come under his power had he lived at the time of the birth. Syn. postumus extraneus. Ant. postumus suus.

Postumus Aquilianus. A grandchild, born after the death of his grandfather (the testator), whose father (a son under paternal power of the testator) was alive when the testament was made but died before the grandfather. The jurist Aquilius Gallus invented a formula by which such a postumus had to be taken into consideration in the grandfather’s testament in order to avoid its nullity. Such a postumus had to be conceived at the time of his father’s death (not at the time when the testament was made).

Postumus extraneus. See postumus alienus.

Postumus lulianus. A grandchild born after the testament of his grandfather had been made, who became the grandfather’s heres suus before his death through the previous death of his own (i.e., the postumus’) father. The term postumus lulianus was coined in literature after the name of the jurist Julian who admitted the institution of such as postumus as an heir or his disinheritance in the grandfather’s testament.

Postumus lunianus. A posthumous child born after a testament was made by his father, but before the latter’s death. The term lunianus (also Vellaeianus), given to such a postumus in literature, originates in the lex iunia vellaea which settled the rules concerning his rights of succession.

Postumus legitimus. A posthumous child born after the death of his father or a grandchild born after the death of his grandfather when his father was no longer alive.

Postumus suus. A posthumous child who would have come under the paternal power of his father if the latter had not died before the child’s birth. The child had to be conceived at the time of the making of the testament by the father. A postumus suus was also any person who became heres suus of the testator, i.e., came under his paternal power, after the testament had been made, in a way other than by birth (by adoption, arrogatio, conventio in manum). Postumi sui had to be either instituted as heirs or disinherited. Ant. postumus alienus.—See praeterire.

Postumus Vellaeianus. See postumus iunianus.

Potentiores. In the later Empire persons who because of their official position or wealth (great landowners) exercised a more influential economic and social power over their fellow citizens. Their powerful influence in society gave them the opportunity of abusing their privileges to the disadvantage of the poor classes (see humiliores). In order to prevent such abuses, in particular in civil trials, imperial legislation prohibited the cession of claims as well as the alienation of a controversial thing to a potentior made in order to aggravate the situation of one’s opponent in the trial.—C. 2.13; 2.14.—See defensor civitatis, HONESTIORES.

Mitteis, Mel Girard 2 (1912) 225; R. Paribcni, Potentiores.

Potestas. A term in both public and private taw. In the first domain it generally indicates the power of a magistrate whether he is vested with imperium or not. Potestas embraces all the rights and duties connected with a particular magistracy (ius edicendi, rights of an executive nature, such as ius multae dictionis, ius coercendi, and the like). Colleagues in office had equal power (par potestas), wheteas the potestas of magistrates of a different rank in the magisterial hierarchy was differentiated in maior and minor potestas (= greater and lesser power). See magistratus, imperium. At times potestas denotes the office, the official employment itself (similarly as magistratus). Potestas in the field of private law refers either to the power of a head of a family over its members (see patria potestas), or the power over a thing (res, among which are also the slaves, hence the expression dominica potestas is applied to the master’s power over his slaves, although in the Roman juristic language the expression is not found). Potestas is also used in the sense of physical power; in particular, with regard to slaves, the master is not considered to have in potestate a slave who runs away or cannot be found. In its broadest sense potestas means either the physical ability (= jacultas) or the legal capacity, the right (= ius) to do something.— D. 1.12.

De Villa, NDI 10; L. Wenger, Hausgewalt und Staats- gewalt, Miscellanea Ehrle (Rome, 1924) 1; A. Caspary, 57 Albertoni 2 (1937) 384; De Visscher, Il concetto di potestà, ConfCast 1940; idem, Nouvelles Etudes, 1950, 265; Hernandez Tejero, AHDE 17 (1946) 605.

Potestas dominica. See potestas, dominicus.

Potestas gladii. See ius gladii.

Potestas legis. The sphere of effectiveness of a statute, the strength of a law.

Potestas patria. See patria potestas.

Potestas regia. The sovereign power of the king.— See REX.

Potestas vitae necisque. See ius vitae necisque. Potestativa condicio. See condicio potestativa. Potior. See PRIOR TEMPORE.

Potior in pignore. If a thing was successively pledged to several creditors, the creditor to whom it was pledged first, had priority before the later creditors. If, however, a debtor pledged the same thing as a whole (in solidum) to two creditors simultaneously, the legal situation of the creditor to whom the pledge was handed over was more advantageous (melior condicio possidentis, D. 20.1.10).—D. 20.4; C. 8.17. —See PIGNUS, SUCCESSIO IN LOCUM PRIORIS CREDITORIS, IUS OFFERENDI PECUNIAM, POSSESSIO.

Potiores. Persons in a prominent social position. Biondi, Jus 3 (1952) 235.

Potioris nominatio. See nominatio potioris.

Potius est. It is better (preferable) to say. In juristic language the phrase serves to introduce an opinion which should be given preference.

Pp. Abbreviation for proposita (sc. constitutio), i.e., promulgated, officially published. The abbreviation is applied in Justinian’s Code to indicate the place and date of the promulgation of an imperial enactment. The indications are given at the end of the text of the constitution. The normal place was the locality where the emperor had actually resided, unless another place was specified.

Praecellens, praecellentissimus. An honorific title of high dignitaries in the later Empire. Syn. excellentissimus.

Praeceptio. See legatum per praeceptionem. Praecepta iuris. Legal norms.—See ius.

E. Levy, Univ, of Notre Dame, Natural Law Inst. Proc. 2 (1949) 67 SDHI 15, 1949, 18); A. Carcaterra, Justitia nelle fonti, Bari, 1949, 81.

Praeceptor. A teacher. See magister, edictum Vespasiani, PROFESSORES, HONORARIUM, STUDIA LIBERALIA.

Praecipere. With reference to statutes, the praetorian Edict, or imperial constitutions = to ordain, to decree, to set a legal rule.—See praecepta iuris.

Praecipere. To take beforehand, in advance (prae- capere). The term applies to cases in which several claims of various persons occur (as, e.g., in the division of a common property or of an inheritance among the co-heirs, or when several creditors have to be satisfied from the debtor’s property) and one of the claimants had to be satisfied before the others. See legatum per praeceptionem. The amount or share which one of the claimants receives before the others is termed praecipuum.

Praecipitare de saxo Tarpeio. See deicere de saxo tarpeio.

Praecipuum. See praecipere.

Praecones. Criers, heralds. They belonged to the auxiliary staff of higher magistrates whose orders they announced publicly, e.g., the convocation of a popular assembly. They also made public events which interested the population and assisted in public auctions.—See APPARITORES, LEX CORNELIA DE VI- GINTI QUAESTORIBUS.

Saglio, DS 4, 609.

Praeda. The booty taken from the enemy in a war through an operation of the army. It became property of the Roman state. The appropriation of such things by an individual soldier was considered as a crime of embezzlement (see peculatus) to be punished according to the lex iulia peculatus. In earlier times such appropriation was allowed.—See RES HOSTILES.

Cagnat, DS 4; Vogel, ZSS 66 (1948) 396.

Praedecessor (prodecessor). A predecessor in office. Certain rules regulated the question as to how long a magistrate or an imperial official remained in office until his successor arrived. The question was of particularly practical significance in provincial administration; a governor might quit his post when his successor arrived in the province.

Praedes. (Sing, praes.) In the earlier law of the Republic sureties who assumed guaranty for a person who concluded a contract with the state (e.g., a lease, a locatio conductio operarum, etc.).

Humbert and Lécrivain, DS 4; Schlossmann, ZSS 26 (1905) 285; P. Viard, Le praes, 1907; Mitteis, Aus rom. und burgerl. Recht, Fschr Bekker 1907, 120; Partsch, ASdchGW 32 (1920) 659; Gradenwitz, ZSS 42 (1921) 565; v. Mayr, ibid. 205; J. Maillet, Theorie de Schuld et Haftung, These Aix-en-Provence, 1944, 99.

Praedes litis et vindiciarum. Sureties assuming guaranty for a thing being the object of a trial (lis =res) and for the proceeds (fructus) from it. Such praedes had to be given in the procedure through legis actio sacramenti by the party to a trial concerning the ownership of a thing to whom the praetor assigned possession of it during the trial. The praedes warranted through stipulatio the restitution of the thing and its fructus in the case of defeat of the party to whom possession was assigned. Ifi the later procedure for the recovery of a thing, connected with a sponsio (see AGERE PER SPONSIONEM), it Was the defendant who stipulated a certain sum for such event; see CAUTIO PRO praede litis et vindiciarum. —See REI VINDICATIO, PRAEDES (Bibi.), VINDICIAE.

V. Lùbtow, ZSS 68 (1951) 338.

Praedes sacramenti. Sureties for the payment of the sacramentum in the procedure by legis actio sacramenti. In the later development the amount of thè sacramentum was not deposited by the parties at the beginning of the trial; it was only promised and the payment was guaranteed by sureties.

Praedia. Plots of land (estates) together with the buildings erected on them. Syn. fundus.—See the following items.

Humbert and Lécrivain, DS 4.

Praedia curialium (decurionum). Land belonging to curiales (decuriones) in the provinces could not be alienated in the later Empire without permission of the provincial governor which was given only when the necessity of the sale was proved.—C. 10.33.

Praedia fiscalia. Land owned by the fisc (see fiscus). In the later Empire it was administered by a procurator praediorum fiscalium.—C. 11.72-74.—See ACTOR PRAEDIORUM FISCALIUM.

Praedia Italica. Plots of land in Italy. Syn. fundus in Italico solo. Praedia Italica were among res mancipi and consequently were transferable only through mancipatio or in iure cessio. They are distinguished from praedia provincialia (= provincial land) which were res nec mancipi. In the later Empire there was no longer any difference between Italian and provincial landed property.—See res mancipi, solum ITALICUM.

Praedia provincialia. Plots of provincial land. They were res nec mancipi and therefore not transferable through mancipatio or in iure cessio. The owners of provincial land were obliged to pay taxes, tributum (soli) in imperial provinces, stipendium in senatorial provinces.—See PRAEDIA TRIBUTORIA, PRAEDIA STIPENDIARIA, PRAEDIA ITALICA, PRAESCRIPTIO LONGI TEMPORIS.

Praedia rustica. Landed property situated on the outside of cities and exploited for agriculture. Syn. fundus, ager, locus. Ant. praedia urbana.—See servitutes praediorum rusticorum.—D. 8.4; C. 11.70. Guarneri-Citati, BIDR 43 (1935) 78.

Praedia stipendiaria. “Land in those provinces which are held to be property of the Roman people” (Gaius, Inst. 2.21), i.e., the senatorial provinces. The owners of such land paid the fisc a tax called stipendium. Ant. PRAEDIA TRIBUTARIA.—See PROVINCIAE POPULI ROMANI.

Solazzi, AnBari 5 (1942) 7.

Praedia subsignata. Land pledged to a public body (the state or a municipality) as a security for a debt assumed. The land was not handed over but could be afterwards seized by public authorities when the debt was not paid in due time.—See subsignare.

Praedia tributaria. “Landed property in the provinces regarded as a property of the emperor” (Gaius, Inst. 2.21), i.e., the imperial provinces. The owners paid a land-tax called tributum.—See provinciae caeSARIS, PRAEDIA STIPENDIARIA.

Praedia urbana. Buildings, even when located in the country. Syn. aedes, aedificium. Ant. praedia rustica.—See SERVITUTES PRAEDIORUM RUSTICORUM. Gardens connected with buildings are considered praedia urbana, except when they are exploited for commercial purposes, for instance, for viticulture (D. 50.16.198).—D. 8.4; C. 11.70.—See suburbanum PRAEDIUM.

Guarneri-Citati, BIDR 43 (1935) 73.

Praediator. The purchaser of a plot of land which had been pledged to the state by a debtor and forfeited. The sale (praediatura) was performed by a public auction the conditions of which were fixed in a lex praediatoria.

Liebenam, RE 5, 1824; O. Karlowa, Rom. Rechtsgeschichte 2 (1901) 5.

Praedicere (praedictio). An oral declaration made at the conclusion of a transaction, for example, by the seller of a slave about the latter’s defects. For praedicere in an auction, see auctio.

Praedo. A robber, pillager; in a broader sense, any possessor in bad faith (possessor malae fidei) who

seized another’s property without legal grounds. (D. 50.17.126 pr.).—See possessor pro possessore. Praeesse provinciae. To govern a province. Is qui praeest provinciae =■ praeses provinciae.

Praefectorius. (Adj.) Connected with, or pertaining to, the office of a praefectus.

Praefectianus. A subordinate official in the bureau of the PRAEFECTUS PRAETORIO.

Praefectorius. (Noun.) An ex-praefect.

Praefectura. Indicates either the official position of a praefectus or the territory subject to his authority. For praefectura as an administrative unit after Constantine’s reform of the administration of the Empire, see dioecesis.—See the following items.

Cagnat, DS 4; Belloni, NDI 10.

Praefectura morum. The supervision of public morals. The term is applied to the activity of the censors, see CENSORES.

Praefecturae municipales. In earlier municipalities which were not granted political rights (sine suffragio) jurisdiction over the municipal citizens (municipes) was vested in a praetor in Rome who, however, exercised it by a special delegate, praefectus iuri dicundo. Hence the municipalities without ius suffragii were termed praefecturae.—See suffragium.

Sherwin-White, OCD 725; Fabricius, SbHeid 1924/5, 1, 29; E. Manni Per la storia dei municipii, 1947, 69.

Praefectus. (From praeficere — to place a person at the head of an office.) The chief of an office in any branch of administration. Commanders of military and naval units also had the title praefectus (alae, castrorum — of a military camp, centuriae, classis, cohortis, legionis). In sacral matters there were praefecti of a more local character (praefectus rebus divinis, sacrorum, sacris faciendis). Some praefecti were also called praepositi.—The following items deal with the more important praefectural offices.

Liebenam, RE 6, 1644.

Praefectus Aegypti (also praefectus Alexandreae et Aegypti). The governor of Egypt. He was the chief of the administration, and was appointed and recalled by the emperor. In the provincial administration Egypt occupied a unique position, being more tied with the person of the emperor than any imperial province. Hence the praefectus was considered a personal representative of the emperor. In jurisdictional matters he was assisted by a special official, the iuridicus Aegypti (et Alexandreae), in financial matters by the idiologus.—D. 1.17; C. 1.37. See PRAEFECTUS AUGUSTALIS, GNOMON, IURIDICI.

De Ruggiero, DE 1, 278; O. W. Rcinmuth, The Prefects of Egypt, Kilo, Beiheft 34, 1935; H. F. K. Hiibner, P. Aeg. von Diokletian bis num Ende der Rom. Ilerrschaft, Diss. Erlangen, 1948; A. Stein, Die Priifckien von Aegypten in der rom. Kaiserneit, Bern, 1950.

Praefectus aerarii militaris. See aerarium militare.

Praefectus aerarii Saturni. See aerarium populi ROMANI.

Praefectus alimentorum. An official of senatorial rank charged with distribution of provisions (alimenta) among poor people and children.—See alimentarius.

Praefectus annonae. The head of food administration, instituted by Augustus (a.d. 6). His was the task to bring in sufficient supplies of corn to the market in Rome; moreover, he supervised the prices. He also had jurisdiction in matters connected with the food administration (see cura annonae) and punished offenses committed by criminal machinations in the corn trade. The praefectus annonae was assisted by subordinate officials (procuratores) in the provinces and in Italy as well as by guilds of professionals active in the corn trade and transportation (navicularii).—C. 1.44; 12.58.—See mensores FRUMENTARII.

De Ruggiero, DE 1, 477; De Robertis, La repressions penale nella circoscrizione dell’wrbe, 1937, 35; idem, St di dir. penale romano, 1943, 35; Schiller, RIDA 3 (1949) 322. Praefectus Augustalis. (Or simply Augustalis.) The title of the praefectus Aegypti from the late fourth century on.—D. 1.17; C. 1.37.—See praefectus AEGYPTI.

De Ruggiero, DE 1, 824.

Praefectus Caesaris (quinquennalis). See praefectus MUNICIPUM.

Praefectus civitatis (gentis, nationis). A military administrator of a newly conquered territory on the frontiers of the Empire, before it was organized as a province.

H. Zwicky, Die Verwcndung des Militars in der Vcrzval- tung der Kaiserzeit, 1944, 11.

Praefectus castrorum. The commander of a military camp.

Liebenam, RE 6, 1642.

Praefectus classis. The commander of a fleet.

Praefectus collegii. The chairman of an association connected with military service.

Praefectus collegii fabrum. In municipalities the title of a person who, being a member of the municipal council (ordo decurionum), directed the service of firemen and was, normally, also the protector of their association (patronus).—See praefectus fabrum, FABRI.

Kornemann, RE 6, 1920; Jullian, DS 2, 956; Liebenam, DE 3, 14; Bloch, Musee Beige 7 (1903); 9 (1905).

Praefectus fabrum. The head of the body of technicians in the army in earlier times. In the last centuries of the Republic and under the Principate the praefectus fabrum was an officer appointed by a praetor or proconsul, and later by the emperor, and employed by his superior for confidential missions (an adjutant). The connection with fabri is not quite clear. Ftom the time of Augustus the service of a praefectus fabrum was the beginning of an equestrian

643 career; later it assumed the character of a mere honorary post.—See the foregoing item (Bibl.).

H. C. Maue, Der p.f., 1887.

Praefectus frumenti dandi. (Called also curator frumenti.) An official in charge of the distribution of corn (see frumentatio) among the population of Rome.

Rostowzew, RE 7, 176; Mommsen, Hist. Schrtften 1 (1906, ex 1870) 192.

Praefectus iuri dicundo. A deputy jurisdictional official in a municipality or one who was temporarily assigned there to judicial matters when the post of the permanent jurisdictional magistrate was vacant. See LEX PETRONIA (of 32 B.C.).

Kornemann, RE 16, 623; Cagnat, DS 4, 611.

Praefectus legionis. The commander of a legion, of equestrian rank (eques). In the development of the Roman army, he was the successor of the legatus LEGIONIS.

Praefectus municipii. If a municipality elected the emperor for its highest magistrate (duovir)—this happened frequently—the emperor delegated a praefectus as his substitute who administered the office alone, without any colleague. A praefectus municipii was also appointed when a member of the imperial family was appointed and did not enter the office but in this case the praefectus municipii had a duovir as a colleague. Such praefecti were called praefectus Caesaris quinquennales because they served five years.

Praefectus orae maritimae. A military official, assisted by a military detachment and appointed for the control and defense of an important sector of the seashore, primarily in provinces. He also had jurisdiction over crimes committed during a shipwreck.

Barbieri, Rivista di filologia classica 69 (1941) 268; 74 (1946) 166.

Praefectus praetorio. The commander of a military unit in the imperial residence serving as.a body-guard of the emperor (cohors praetoria, see praetorium). The number of praefecti praetorio varied from one to four. The praefecti praetorio acquired high political influence being steadily in personal touch with the emperor. Their military command was extended over the troops in Italy. They were assigned administrative and jurisdictional functions, the latter also in criminal matters, from the third century on. Some of the prominent jurists (Papinian, Ulpian, Paul) were praefecti praetorio. Although only of equestrian rank, the praefectus praetorio were the highest governmental officials and the chief advisers of the emperors in military and civil matters. After the division of the territory of the Empire into four praefecturae, each praefectura had its praefectus praetorio.—D. 1.11; C. 7.42; 12.4; for praefectus praetorio Africae C. 1.27; for praefectus praetorio Orientis et Illyrici C. 1.26.—See eminentissimus, excellentissimus, edicta praefectorum praetorio, dioecesis.

Cagnat, DS 4; Cuq, NRHD 23 (1899) 393; idem, Mel Boissier 1903; E. Stein, Untersuchungen über das officium des Prätorianerpräfekten seit Diocletian, 1922; idem, Bull. Comm. archeol. com. di Roma, 52 (1924) 9; idem, Her 60 (1925) 94; idem, Rhein. Museum 74 (1925) 347; Baynes, JRS 15 (1925) 204; J. Palanque, Essai sur la pref. du pret. du Bas-Empire, 1933; De Robertis, La repressione penale nella circoscrizione dell'urbe, 1937, 13; idem, St di dir. реп. rom., 1943, 19; G. Lopuszanski, La transformation du corps des officiers superieurs de l'armee rom., Mel. Lcolc Franc. Rome, 1938, 131; L. L. Howe, The Praetorian Prefect a.d. 180-305, 1943; De Laet, Rev. Beige de Philol. et d’hist. 22 (1943), 25 (1947) ; Pastori, StUrb 19 (1950-1951) 37.

Praefectus sociorum. See socii.

Praefectus urbi(s). The prefect of Rome. During the period of kingship the praefectus urbi was the representative of the king in his absence. In the early Republic the practice of appointing a praefectus urbi was continued when all higher magistrates were absent. Since the creation of the urban praetorship (367 B.c.) the praefectus urbi practically disappeared. On one occasion only, when the national feast of the Latins (feriae LatinaP) was celebrated in the presence of all Roman magistrates, a special praefectus urbi feriarum Latinarum was instituted. Augustus also reestablished the office of a praefectus urbi, only for the time of his absence from Italy; Tiberius, however, transformed it into a permanent one. Originally the praefectus urbi exercised criminal jurisdiction when he was delegated by the emperor, but later his jurisdictional power increased constantly and when the quaestiones perpetuae ceased to function under Septimius Severus, the competence of the praefectus urbi in criminal matters was almost unlimited not only in Rome but also in the territory within one hundred miles. from the city. In the later Empire the praefectus urbi was the head of the administration and jurisdiction in both civil and criminal matters. In the first instance he was the exclusive^ judge in matters in which persons of senatorial rank were involved. Appeals from judgments of the praefectus annonae, the praefectus vigilum, and other officials of civil jurisdiction (cognitio extra ordinem) went to his court as far as the public order in the city was affected. A small armed unit (cohortes urbanae) for the maintenance of order was under his command.— D. 1.12; C. 1.28; 12.4.—See miliarium, custos URBIS, ZENONIANAE CONSTITUTIONES.

Cagnat, DS 4; De Ruggiero, DE 2, 780; Lambrechts, Philologische Studien, 1937, 13; P. E. Vigneaux, Essai sur I’histoire de la praefectura и., 1896; Brancher, La jurisdiction civile du p.u., 1909; F. Μ. De Robertis, Origine della giurisdizione criminale del p.u., 1935; idem, La repressione penale nella circoscrizione dell’urbe, 1937; idem, St di dir. pen. rom., 1943, 3; Schiller, RIDA 3 (1949) 322.

Praefectus vehiculorum. The postmaster of the imperial post in Rome (from the time of Hadrian an official of equestrian rank). Later, larger districts in Italy and the provinces had also their praefectus vehiculorum.—See cursus publicus.

Humbert, DS 1, 1651.

Praefectus vigilum. One of the highest officials in the administration of the city of Rome. He was the commander of the fire brigade (vigiles) and exercised the functions of chief of the police. He had to take care of the security in the capital and had jurisdictional power in such criminal matters as arson, robbery, burglary, and the like. His function in civil trials involved controversies arising from leases of houses.—D. 1.15; C. 1.43.—See vigiles (Bibl.).

O. Hirschfeld, Kleine Schriften, 1913, 96; F. M. De Robertis, La repressione pcnalc nella circoscrizione deliurbc, 1937, 35; idem, St di dir. rom. pcnale, 1943, 35; Schiller, RIDA 3 (1949) 322.

Praegnans. The protection of a pregnant woman after her divorce from the father of the child to be born (nasciturus) was regulated by a special senatusconsultum de agnoscendis liberis.—D. 23.5.—See agnoscere LIBEROS, SENATUSCONSULTUM PLANCIANUM. Praeiudicare. To prejudice, to impair, to damage. “A judgment which settled a controversy between certain persons does not cause prejudice to others” (D. 42.1.63). There were, however, some exceptions from this rule. In Justinian’s language praeiudicare is syn. with nocere.

Praeiudicialis. See actiones praeiudiciales, formulae PRAEIUDICIALES, PRAEIUDICIUM.

Praeiudicialis multa. In later civil procedure a fine imposed on a party to a trial who appealed from an interlocutory judgment; see interlocutio.

Praeiudicium. A judicial proceeding for the examination of a preliminary question upon which the decision of a controversy depends. See actiones praeiudiciales. Since a negative solution of the prejudicial question may eliminate the availability of an action for the principal claim, praeiudicium is used in the sense of prejudice, damage. For the use of an exception by a defendant in order to prevent that the trial be not extended on questions which may be prejudicial to him.for future claims (exceptio ne praeiudicium hereditati fiat) see hereditatis petitio. For praeiudicium with regard to interlocutory judgments, see interlocutio. When in a trial the question arose as to whether a party therein involved was a free person (praeiudicium an liber sit), this question was taken into examination before all.— D. 44.1; C. 3.8; 7.19; 9.31.

Humbert and Lecrivain, DS 4; Weiss, RE 3A, 2234; H. Pissard, Les questions prejudicielles en droit rom., 1907; M. Nicolau, Causa liberalis, 1933,156; Siber, Fschr Wenger 1 (1944 ) 46; idem, ZSS 65 (1947).

Praelegare (praelegatio). To make a legacy in favor of an heir who, in addition to his share in the inheritance, receives a specific thing as a legacy. The term praelegatum used in the literature, is not of Roman coinage. See LEGATUM PER PRAECEPTIONEM.

C. Ferrini, Opere 4 (1930 ex 1895) 237; Scuto, RISG 45 (1910) 3; Gangi, RISG 47 (1912) 315; Beseler, ZSS 49 (1929) 155; B. Biondi, Successione testamentaria, 1943, 466 (Bibl.); v. Liibtow, ZSS 68 (1951) 511.

Praemature. Before a fixed term. A creditor who asks for payment praemature asks for more than is due; see pluspetitio (tempore).

Praemium. See nuntiare fisco, deferre.

Praenomen. See nomen. Under the Empire, foreigners who were granted Roman citizenship by a decree of the emperor took as a praenomen the first name of the emperor. Hence the great number of Aurelii among the new citizens naturalized by the emperor Caracalla who bore the name Aurelius among his praenomina.—See constitutio antoni- NTANA, IMPERATOR.

Rosenberg, RE 9, 1148 (for p. imperatoris).

Praeponere (alicui rei). To put a person at the head (praepositus) of a commercial enterprise (see institor), of the bookkeeping service in a bank, or of a ship (see magister navis). Syn. praeficere. In public law the term praepositus is used of the chiefs (commanders) of an office, a public institution or a military unit. In some instances it appears in the title of the official who directs the office; see the following items.

Praepositura. The office of a praepositus.

Praepositus. See praeponere. Praepositus is the chief of subaltern officers in certain branches of administration, such as, for instance, the imperial post (praepositus cursorum, tabellariorum), the archives -(praepositus tabulariorum). In the military organization praepositus is the commander of a detachment of a limited, territorial nature, for instance praepositus castrorum = the cortimander of a military camp.— See SCHOLAE.

Cagnat, DS 4; Severini, NDI 10; J. E. Dunlap, in Boak and Dunlap, Two studies in later R. and Byzantine administration, 1924, 189.

Praepositus sacri cubiculi. The chamberlain of the imperial household.—C. 12.5.—See cubiculum. Dunlap, loc. cit. 160.

Praerogativa. In postclassical period, syn. with privilegium.

Orestano, AnMac 12-13 (1939) 29, 69.

Praerogativa centuria. See centuria praerogativa. Praes. See praedes.

Praescripta verba. See actio praescriptis verbis.

Praescriptio. In the procedural formula an extraordinary part of the formula preceding the intentio (praescribere) and serving for a preciser delimitation of the claim. Originally there were praescriptiones in favor of the defendant (praescriptio pro reo) and of the plaintiff (praescriptio pro actore). The former fell early into disuse and were replaced by exceptions, as, e.g., the praescriptio ne praeiudicium hereditati fiat (see hereditatis petitio, praeiudicium). A prae- scriptio pro adore was applied, for instance, in the case when the plaintiff sued for an installment of a debt. In order to save his right to sue later for further installments, a praescriptio was inserted at the beginning of the formula: “Let the action be (ea res agatur) only for what is already due.” In post- classical juristic language praescriptio often replaced the former exceptio and became a general term for any kind of defense opposed by the defendant.—D. 44.1; C. 7.40; 8.35.—See denegatio actionis, ea res AGATUR, FORMULA, EXCEPTIO.

Beauchet, DS 4, 626; Bortolucci, NDI 10; see Schlossmann, P. und praescripta verba, 1907; Wlassak, ZSS 33 (1912) 81; J. Petrau-Gay, Evolution hist, des exceptiones et praescriptiones, These Lyon, 1916; Steinwenter, ZSS 65 (1947) 98.

Praescriptio longi temporis. An institution similar to usucapio and applied to provincial land which could not be usucapted under ius civile; see usucapio. A possessor of a provincial land might oppose this praescriptio to a claimant who sued him for the delivery of the land if he was in possession of it for ten or twenty years. The period of ten yei^Ars sufficed inter praesentes, i.e., if both parties lived in the same locality (later, in the same province) ; uninterrupted possession through twenty years was required when the parties lived in different cities (provinces). The possession of the defendant had to be based on a just cause (iusta causa) and acquired bona fide (see usucapio). Originally the praescriptio was a way of defense against a rei vindicatio (praescriptio = exceptio), but in later development such a qualified possession gave the possessor the right to claim the recovery of the land if he lost possession. Thus the praescriptio longi temporis became a mode of acquisition of property. In Justinian’s law the two institutions, usucapio and praescriptio longi temporis were fused into one. The new terminology was: usucapio for movables, praescriptio longi temporis for immovables. Numerous interpolations became necessary to eliminate any connection between usucapio and immovables; the terms usucapio (usucapere) were substituted by longum tempus, longa possessio (per longum tempus capere).—C. 7.33-36; 40; 22.—See absentes, bona fides, and the following items.

Bortolucci, NDI 10, 203 (s.v. prescrizione) ; Partsch, Die longi temporis p., 1906; Wenger, Hist. Jahrb., 1940, 359; Levy, BIDR 51/52 (1948) 352; idem, West Roman Vulgar Law, 1951, 180; Schonbauer, Anzeiger Akad. Wiss. Wien 88 (1951) 431.

Praescriptio longissimi temporis. See praescriptio quadraginta annorum.

Praescriptio quadraginta annorum. The Emperor Constantine ordered that any one who held another’s thing for forty years could not be sued for its restitution no matter what the origin of his possession might have been (praescriptio longissimi temporis). Excluded from this kind of acquisition were the lessees of an immovable. Uninterrupted possession through forty years was also required for the usucaption of things belonging to the emperor, the fisc, the church and charitable foundations.—C. 7.39.

Riccobono, FIR l² (1941) no. 96; Arangio-Ruiz, ibid. 3 (1943) no. 101 (Bibl.) ; idem, Aegyptus 21 (1941) 261 and ANap 61 (1942) 311.

ADOLF BERGER

Praescriptio quadriennii. The emperor, the empress and the fisc could validly sell things belonging to private individuals. The owners, however, could claim indemnization within four years.—C. 7.37.

Praescriptio triginta annorum. According to an enactment of Theodosius II (a.d. 424), any action was extinguished if the plaintiff did not sue the debtor within a period of thirty years from the time he could sue him except in those cases in which an action expired in a shorter time.—C. 7.39.—See ACTIONES PERPETUAE, ACTIONES TEMPORALES.

Praescriptio viginti annorum. In Justinian’s language the normal praescriptio longi temporis of immovables which required uninterrupted possession for twenty years inter absentes.

Praescriptum (praescriptio) legis. A legal rule, a norm settled in a statute. Syn. praecepta legis.

G. Rotondi, Leges pubi. populi Romani, 1912, 150.

Praesens (praesentes). See absentes, stipulatio INTER ABSENTES.

Praesentalis. A person who was employed in the imperial palace.

Praesenti die. Immediately, at once, without delay (e.g., debere, solvere, dare). Syn. praesens. “In all obligations in which a date was not fixed for payment, the debt is due at once” (D. 45.1.41.1).

Praeses provinciae. (Or simply praeses.) The governor of a province. Originally only governors of imperial provinces {legatus Augusti pro praetore) had the title praesides, later the term referred to all governors of provinces, both imperial and senatorial, and without distinction whether they were of senatorial or equestrian rank. “The title of praeses is a general one. Proconsuls, legatees of the emperor and all who govern provinces are called by the name praesides” (D. 1.18.1). In newly acquired provinces the governor was regarded as a military commander who had to subjugate the territory and take care there for order, until a normal provincial administration was introduced. The praeses was the highest official in the province. “His functions embrace those of all magistrates in Rome” (D. 1.18.12). He had the jurisdiction of the praetors in Rome, full imperium, and after the emperor, the greatest authority in his province. During his term of office a governor could not be removed. No one could become governor of his native province without permission of the emperor. Outside his province the governor was considered a private person. Syn. is qui praeest provinciae, rector provinciae (in later times).—D. 1.18; C. 1.40; 5.2.—See provincia (Bibl.), edictum provinciale, EDICTA PRAESIDUM, VICE.

Chapot, DS 4; Orestano, NDI 10; F. Leifer, Einheit des Gewaltgedankens, 1914, 305; H. E. Mierow, The R. provincial governor as he appears in the Digest etc., Colorado Springs, 1926; Solazzi, SDHI 16 (1950) 282.

Praesidalis. Connected with, or pertaining to the office of a provincial governor.

Praesidium. A military garrison.—See curator praesidii.

Praestantia. An honorific title of certain higher officials in the later Empire. The emperors addressed them in their letters with “praestantia tua.”

Praestare. (From praes stare.) To be a guarantee, to be responsible for certain duties which arise from contractual obligations in specific circumstances as, for instance, for dolus, culpa, eviction, and the like (e.g., dolum, culpam, damnum, custodiam, etc., praestare). The verb appears in the definition of obligatio and covers any liability of the debtor beyond the principal obligations of dare or jacere. See obligatio. The term is elastic and is applied in the classical language in a broad sense in various legal situations even those arising from delictual obligations and sometimes in connection with performances in which no legal duty is involved.—See custodia, dolus.

V. Mayr, ZSS 42 (1921) 198; F. Pastori, Pro filo dogmatico e storico dell’obligazione romana, 1951, 143.

Praestare actionem. To cede an action to another.— See CESSIO.

Praestare patientiam. See patientiam praestare. Praestatio. The performance, fulfillment of a duty.

See praestare. For praestationes personales in actions for division of common property, see actio COMMUNI DIVIDUNDO.

Praestituere. To fix a date or a space of time (e.g., annum, diem, tempus) for the fulfillment of legal or procedural duties. It is primarily used of terms fixed by legal enactments or by jurisdictional authorities.

Praestituere aliquem. To put a person at the head of an office or a private enterprise. Syn. praeponere, praeficere.

Praesumptio. (From praesumere = to presume.) A presumption occurs when a fact is deemed proved although it is not directly proved and its existence is only logically inferred from another fact established through evidence. Such kind of presumption is termed in literature praesumptio facti or praesumptio hominis. E.g., a child born to a married woman is presumed to be the husband’s child and consequently a legitimate child. A counterproof is admissible. Such presumptions are often introduced by phrases like credi debet, creditur (=it is presumed). In later (Justinian’s) law there were some presumptions legally imposed to the effect that a fact had to be considered proved in court as long as no counterproof was offered {praesumptio iuris). Thus, for instance, a presumption was fixed for the event that several persons died simultaneously (e.g., in a shipwreck) to the effect that children below the age of puberty were presumed to have died before their parents, whereas the elder children were presumed to have died after them. In certain exceptional cases a counterproof was not admitted {praesumptio iuris et de iure).—

D. 22.3.—See COM MORIENTES.

Donatuti, NDI 10; idem, Lt praesumptiones iuris in dir. rom., 1930; idem, Riv. dir. priv. 1933, 161.

Praesumptio Muciana. The jurist Quintus Mucius Scaevola is considered the author of the presumption that everything that a married woman possessed, was given to her by her husband unless she was able to prove the contrary.

Kübler, RE 16, 445; G. Donatuti, Le praesumptiones iuris in dir. rom., 1930, 15; G. Balis, Die p.M., Mel Streit Athens, 1939.

Praetendere. To bring forward an excuse (a true or a false one), to pretend, for instance, the ignorance of the law.

Praeterire. See senatu movere.

Praeterire. To pass over in silence a person in a last will. The so-called heredes sui (see heres suus), natural or adoptive, had to be instituted or disinherited (see exheredatio) ; otherwise if they were not mentioned in the testament at all {praeteriti} the latter was void and the testator was deemed intestatus. —C. 6.28.—See postumus suus.

Beseler, ZSS 55 (1925) 1; Sanfilippo, AnCam 12 (1938) 265.

Praeterita (scil. facta, negotia). Events which happened in the past, such as crimes committed before the issuance of a pertinent penal statute, legal acts and transactions concluded at a former time. Ant. futura — future events. The antithesis is connected with the problem of the retroactivity of legal enactments. Non-retroactivity is the rule, but in a few exceptional cases some later imperial enactments, even of penal character, admitted retroactivity. Most of them are in the Theodosian Code.—See ex post facto.

Siber, Analogie und Rückwirkung im Strafrechte, ASächGW 43 (1936) ; Berger, Sem 7 (1949) 63; Marky, BIDR 53-54 (1948) 241.

Praetextatus. See toga praetexta, impubes. Praetextus. See toga praetexta.

Praetor. In the earliest times (before the introduction of the consulship) the praetor was the highest official (prae-itor = one who goes in the front of the people). As a magistracy (see magistratus) the praetorship was created by the Lex Licinia Sextia (367 b.c.). It was assigned the civil jurisdiction which it took over from the consuls. The office of the praetor urbanus was first created. Originally a patrician post, the praetorship was made accessible to plebeians since 337 b.c. The praetor urbanus had jurisdiction (ius dicebat} in Rome; later (242 b.c.) a second praetor was instituted and vested with jurisdictional power in civil matters between foreigners (inter peregrinos} and between foreigners and Roman citizens (praetor peregrinus}. Since the government of provinces was originally directed by praetors their number constantly increased (up to 16). Later, it became customary to send ex-praetors after their year of service in Rome to provinces as governors. When the permanent criminal courts (see quaestiones perpetuae) were established, their chairmen were taken among the praetors. The praetors were the highest magistrates in the Republic after the consuls and were vested with full imperium and far- reaching authority in military, administrative and judicial matters. But their principal domain was jurisdiction; for their creative activity in the development of the law, see ius honorarium, ius praetorium, ius edicendi, edictum perpetuum. They were obliged to reside in Rome and were not allowed to leave the capital for more than ten days. Under the Principate the activity of praetors was almost exclusively jurisdictional. Afterwards, when the jurisdiction was taken over by bureaucratic officials, the praetorship became an office without any important activity. Its functions were limited to the arrangement of public games and spectacles.—D. 1.14; C. 1.39; 12.2.—See iurisdictio, stipulationes praetoriae, in iure, manumissio praetoria, and the following items.

Lecrivain, DS 4; Anon., NDI 10; Treves, OCD; F. Leifer, Die Einheit des Gewaltgedankens, 1916, 196; H. Levy-Bruhl, Prudent et preteur, 1916; G. T. Sadler, The R. praetors, London, 1922; Wenger, Prator und Formel, SbMiinch 1926; E. Betti, St Chiovenda 1927; Riccobono, TR 9 (1929) 6; F. Wieacker, Vom rom. Recht, 1944, 86; Gioffredi, SDH I 13-14 (1948) 102.

Praetor aerarii. See aerarium populi romani.

Praetor de liberalibus causis. A praetor with a special jurisdiction in matters concerning the liberty of an individual, in particular, in controversies between slaves and their masters involving the liberty of the slaves. The office was still in existence in Justinian’s times.

M. Nicolau, Causa liberalis, 1933, 67.

Praetor fideicommissarius. A praetor instituted in the early Principate with jurisdiction in matters concerned with fideicommissa.—See fideicommissum. Kiibler, DE 3, 75.

Praetor fiscalis. A special praetor with jurisdiction in controversies between the fisc and private individuals. The office was instituted by the emperor Nerva (a.d. 96-98).

Praetor hastarius. A praetor who, in the later Principate presided over the centumviral court.—See centumviri, hasta.

Wlassak, RE 3, 1937.

Praetor iuventutis. See magister iuvenum.

Praetor liberalium causarum. See praetor de liberalibus causis.

Praetor maximus. A controversial office; seemingly the highest among three officials who at the beginning of the Republic had the sovereign governmental power (dictator? magister populi?}.

Heuss, ZSS 64 (1944) 68; Wesenberg, ZSS 65 (1947) 319.

Praetor peregrinus. See praetor. For the influence of the judicial activity of the praetor peregrinus on the development of the so-called ius gentium, see ius gentium (Bibl.).

Nap, TR 12 (1933) 170; Gilbert, Res ludicatae 2 (Melbourne, 1939) SO; Daube, J RS 41 (1951) 66.

Praetor populi (plebis). An official instituted by Justinian (Nov. 13, a.d. 535) for criminal jurisdiction, with a competence similar to the former praefectus vigilum.

Praetor tutelarius (tutelaris). A praetor (from the time of Marcus Aurelius) charged with the appointment of guardians and with jurisdiction in controversies between guardians and their wards.

Preisendanz, RE 7A, 1608.

Praetor urbanus. See praetor.

Praetoriani. Soldiers of the imperial body-guard, see praetorium. Syn. cohors praetoria.

Cagnat, DS 4, 632.

Praetorianus. (Adj.) Pertaining to the office of the praejectus praetorio.

Praetorium (cohors praetoria). A military unit serving as the body-guard of the emperor under the command of the PRAEFECTUS PRAETORIO.

Cagnat, DS 4, 632; Parker, OCD\ H. Zwicky, Die Verwendung des Militärs in der Verwaltung, Zürich, 1944, 64; Μ. Durry, Les cohortes pretoriennes, 1938; A. Passerini, Le coorti pretorie, 1939; H. Lorenz, Untersuchungen sum Praetorium, Diss. Halle, 1936.

Praetorium. The residence of a provincial governor; the headquarters of a commanding general. Praetorium is also used of any luxurious mansion. Even when situated in the country (a country-seat) it is considered a praedium urbanum.

Cagnat, DS 4, 640; Richmond, OCD; Domaszewski, Bonner Jahrbücher 117 (1908) 97.

Praetorius. (Noun.) A retired praetor.—See ad- lectio.

Praetorius. (Adj.) Connected with, or pertaining to, the office of a praetor (ius, iurisdictio, actio, stipulatio, etc.).

Praetura. The office of a praetor.—See praetor. Praevaluit. See obtinuit.

Praevaricatio (praevaricator). A collusion between the prosecutor (accuser) and the accused in a criminal trial to obtain the latter’s acquittal. The second trial against an accused who had been absolved in a first trial, took place before the same court the first duty of which was to examine whether or not in the first proceedings there had been a praevaricatio. The praevaricator, i.e., the accuser whose guilt was established, was severely punished and branded with infamy. See accusatio. Praevaricatio was also a collusion between a lawyer and the adversary of his client to the detriment of the latter.—D. 47.15.

Kaser, RE 6A, 2146; Lecrivain, DS 4; Levy, ZSS 53 (1933) 177.

Pragmatica sanctio. In the later Empire an imperial enactment of a particular importance and of a general and permanent validity. It concerned the general administration, privileges granted larger groups of persons, orders given to officials of a larger administrative body or corporations, etc. Letters by which the emperors of the Eastern and Western parts of the Empire reciprocally exchanged their enactments to be published in the other part of the Empire, were also termed pragmatica sanctio. Syn. pragmatica iussio, pragmatica lex, or simply pragmatica, or pragmaticum. Special functionaries of the imperial chancery, pragmaticarii, were entrusted with the drafting of such enactments.—C. 1.23.—See sanctio pro PETITIONE VIGILII.

Cuq, DS 4, 642; H. Dirksen, Hinterlassene Schriften 2 (1871) 54; Mommsen, ZSS 25 (1904) 51 (= Jur. Schr. 2, 426); Dell’Oro, SDHI 11 (1945) 314; Renier, RHD 22 (1943) 208.

Pragmaticarius. See the foregoing item.

Pragmaticus. A person skilled in legal matters, primarily in the composition of legal documents.

Precario (precariis verbis). By begging, by entreaty, by request. The typical expressions (precaria verba) were rogo, peto; they were used in a testament for a fideicommissum and addressed to the heir as a request to fulfill the testator’s wish. Syn. precative, precativo modo.—See precarium.

Precarium. “What is given gratuitously a person at his request to be used by him as long as the grantor permits” (D. 43.26.1 pr.). The latter is precario dans, the grantee = precario accipiens. The grantee is liable for fraud only; he has possession of the thing given precario and interdictal protection, but his possession does not count for usucaption. On the other hand> the grantor demands the restitution of the precarium by INTERDICTUM DE PRECARIO.—D. 43.26 J C. 8.9.

Beauchet, DS 4; Anon., NDI 10; Lenel, Edictum perpetuum³ (1927) 486; Ciapessoni, AC SR 6 (1928); Sche- rillo, RendLomb 62 (1929) 389; Bozza, AnMac 6 (1930) 213; V. Scialoja, St 1 (1931, ex 1888) 341; Albertario, St Solmi 1 (1941) 337 = St 2 (1941) 14; Silva, SDHI 6 (1940) 233; Caracaterra, AnBari 4 (1941) 115; Branca, S'! Solazzi 1948, 498; Levy, ZSS 67 (1948) 1; Roels, RIDA 6 (1951) 177.

Precator. A petitioner, particularly one who addresses himself to the emperor with a petition (preces).

Preces. (Sing, prex.) A petition addressed to the emperor by a private person. Since the petition normally was not accompanied by a piece of evidence, the imperial answer (decision, rescript) was given with the reservation “provided that your allegations are based on truth” (si preces veritate nituntur). See libellus, subscriptio.—In relations between private individuals preces mean a request, entreaty. The term appears in the definition of precarium.—C. 1.19. Preces refutatoriae. Syn. libelli rejutatorii. See REFUTATIO, CONSULTATIO.

Prensio. (From prendere.) The arresting of delinquents by magistrates with imperium and plebeian tribunes. The right to arrest = ius prensionis.

Pretium. The price fixed in a sale and paid (or to be paid) by the buyer to the seller. See emptio venditio. The price is an essential element in a contract of sale, since “there is no sale without a price” (Inst. 3.23.1). The price had to be established in money, otherwise the agreement was not a sale but permutatio (an exchange, a barter). The fixing of the price may be left to a third person. The classical jurists did not agree as to the moment when in such a case the sale was concluded. Justinian decided that the sale was concluded after the third person established the price. See laesio enormis.—Pretium sometimes indicates the sum paid by the lessee in a lease or by the employer to a workman for the work done; see MERCES.

Pretium iustum. An adequate, just price. In the classical law there was no requirement of a just price. For the later development, see laesio enormis.

Prex. See PRECES.

Pridianum. A military record concerning the strength of a unit and the changes therein (accessions and losses).

Fink, Trans. Amer. Philol. Assoc., 63 (1942) 61; Gilliam, Yale Clas St 11 (1950) 222.

Primas. In later imperial constitutions a person who holds the first place in an office, in a public administrative body (a city, a village) or in professional associations (primus advocatorum).—C. 11.29.

Primatus. The rank of a primas.—See the foregoing item.

Primicerius. In the later Empire the chief, the highest official, first in rank, in an imperial bureau or the superintendent over several bureaus (e.g., primicerius scriniorum, officiorum). Similar expressions: primas, magister. His deputy = secundocerius. The dignity of a primicerius = primiceriatus.—C. 12.7.

Cagnat, DS 4.

Primicerius notariorum. See notarius.—C. 12.7. Primipilarius. See the following item.

Primipilus. The first among the centurions of a legion. After retiring from service a primipilus received the title primipilarius and was granted certain distinctions and privileges, primarily of a financial nature. Primipili were entrusted by the emperor with special military missions or a honorary position, at times with a magistracy in the community of residence.—C. 12.57; 62·.—See centurio.

Cagnatj DS 4; v. Domaszewski, RE 3 (s.v. centurio); De Laet, Le rang social du p., AntCl 9 (1940) 13.

Primiscrinius. The first official in an imperial bureau (scrinium).

Princeps. The emperor. The title was first assumed by Augustus in the period between 27 and 23 b.c. not as an official one but in the sense simply of “the first citizen.” Hence the period of the Roman history from that date on is termed the Principate (until Diocletian). The term princeps does not appear among the titles of the emperor in official documents. In these his position is stressed instead by the words Imperator, Caesar, Augustus. Other distinctive attributes were Pius and Felix or, referring to victorious enterprises, Germanicus, Arabicus, and the like. The basic elements of the princeps" power was on the one hand the tribunician power (tribunicia potestas) established by Augustus as a symbol of the restoration of the Republic, which gave him the inviolability of the tribunes (sacrosanctitas), the right of intercessio, but no colleagueship of other tribunes, and re the right to summon the senate and the people; on the other hand he held the imperium maius of a proconsul for life which strengthened his position with regard to the provinces and vested him with the highest military command in the whole empire. The emperor’s consulship and censorship (the latter assumed by some successors of Augustus) completed the external aspect of the power of the princeps. Through the duration of the Principate the rights of the emperor were gradually extended without any substantial change in their legal bases. See lex de imperio vespasiani, princeps legibus solutus. The control of the foreign policy and the right to decide about war and peace as well as to conclude treaties with foreign countries and to receive and send ambassadors belonged to the prerogatives of the princeps. In the field of legislation the emperor’s wishes were originally (under Augustus) submitted for ratification by the people, an act which in the course of the first post-Christian century became a simple formality and afterwards disappeared. In the jurisdictional domain the emperor was the supreme judge both in criminal and civil matters, either as a first or an appellate instance. The emperor was also pontifex maximus. The influence of the emperpr on the composition of the senate constantly increased (see adlectio) and so did his interference in the election of magistrates (see commendatio). Moreover, he had the exclusive right to appoint officials of the imperial chancery, for his personal service and for the imperial household as well. He alone chose the delegates to carry out some of his governmental duties in his name. The imperial service became gradually a state service, at the expenses of the magistracies which under the Principate continued to exist but with responsibilities which continually diminished. For the various imperial offices, the imperial chancery, the administration of the imperial patrimony, and the imperial household, see the pertinent entries; for the role of the senate under the Principate, see senatus; for the legislative activity of the princeps, see constitutions principum ; oratio principis ; for his judicial activity, see DECRETA, RESCRIPTA. Succession to the throne was not fixed by law. It was not hereditary but elective; election by the senate as representatives of the people was the rule. There was, however, at times a hereditary succession, in fact, when an emperor indicated his successor (a natural or adoptive son, or a near relative) by designating the latter as his heir thereby implying the wish that his heir might be also his successor as the princeps. A similar designation of a successor might be expressed by the appointment of a co-regent. The juridical structure of the Principate has remained controversial in spite of a tremendous literature in recent times on the occasion of Augustus’ bimillenary. The Principate can hardly be classified as a uniform constitutional system. It started from the tendency of Augustus to keep in force certain Republican institutions, but in the course of time some authoritarian features were added at the expense of earlier democratic elements, so that the constitutional aspect at the beginning of the Principate was gradually disappearing in later times, particularly under Hadrian and in the late first half of the third century. With the reign of Diocletian a new epoch started in the Roman constitutional development with an autocratic monarch at the head of the empire (no more princeps, but imperator). This period is termed (perhaps not very appropriately) Dominate, the emperor being now (from the time of Aurelian, a.d. 270-275) the master, dominus, over the territory and the population of the state. See, moreover, LEGATI CAESARIS, PROCURATOR CAESARIS, RES PRIVATA CAESARIS, CONSILIUM PRINCIPIS, FISCUS, MAGISTRATUS, DIVUS, GENIUS, DAMNATIO MEMORIAE, EPISTULAE PRINCIPIS, DOMUS DIVINA, MAIESTAS, CONSORTES IMPERII, RES GESTAE DIVI AUGUSTI, AUCTORItas principis, mandata principum.—For the legislative activity and legal policy of the individual emperors, see General Bibliography, Ch. VI.

Cagnat, DS 4; Lecrivain, ibid. (s.v. principatus) ; Balsdon, OCD\ O. Th. Schulz, Wesen des rom. Kaisertums der ersten zwei Jahrhunderte, 1916; Domaszewski, Die Consulate der rom Kaiser, SbHeid 1918, 6; Schonbauer, ZSS 47 (1927) 264; Gage, Rev. historique 177 (1927) 264; E. Kornemann, Doppelprinzipat und Reichsteilung, 1930; L. R. Taylor, The divinity of the R. Emperor, 1931; H. Siber, Zur Entwicklung der rom. Prinzipatsverfassung, ASdch GW⁷ 42 (1933), 44 (1940) ; A. Gwosdz, Der Begriff des rom. P., Diss. Breslau, 1933; M. Hammond, The Augus- tean Principate, 1933; L. Berlinger, Beitrdge zur inoffiziellen Titulatur der rom. Kaiser, 1935; Hohl, Herm 70 (1935) 350; F. De Martino, Lo stato di Augusto, 1936; Wagenvoort, Philologus 91 (1936) 206, 323; W. Weber, Princeps, 1936; S. Riccobono, Jr., Augusto e il problema della nuova costituzione, AnPal 15 (1934) 363; Arangio- Ruiz, SDH1 1 (1935) 196, 2 (1936) 466, 5 (1939) 570; A. v. Premerstein, Wesen und Werden des Prinzipats, A Bay AW 1937; Sickle, Changing bases of the R. imperial power, AntCl 8 (1939) 153; Beranger, L’heredite du Principal, Rev. Ft Lat 17 (1939) 171; R. Syme, The R. revolution, 1939, 313; P. De Francisci, Genesi e strut- iura del principal o augusteo, Mem. Ac cad. dTtalia, Ser. VII, 1941; idem, Arcana imperii, 3 (1948) 169; Kolbe, Klio 36 (1943) 22; Ensslin, SbMiinch 1943, 6 Heft; Wickert, Klio 36 (1943) 1; De Laet, AntCl 14 (1945) 145; Schonbauer, SbWien 224, 2 (1946) 75; J. Magdelain, Auctoritas principis, Paris, 1947; Rogers, TAmPhilolA 78 (1947) 140; Dell’Oro, SDHI 13-14 (1947-1948) 316; F. De Visscher, Nouvelles Etudes, 1949, 3; Beranger, Museum Helveticum 5 (1949) 178; De Robertis, RIDA 4 (1950) 409.

Princeps. (Generally.) An outstanding personage, a chief, in civil or military service.

Princeps agentium in rebus. The chief of the agentes in rebus.—C. 12.21.

Giffard, RHD 14 (1935) 239.

Princeps centurio. See CENTURIO.

Princeps civitatis. A leading man in the state.

Princeps coloniae (municipii). Not an administrative official but an outstanding personage in a colony (municipium), usually an ex-magistrate of a higher rank.

Kornemann, RE 16, 626.

Princeps iuvenum (iuventutis). The title of the emperor’s son when he put on the toga virilis and entered service in the cavalry. He was the head of the young men of equestrian rank.

Weinstock, RE 6A, 2184; Cagnat, DS 4; Balsdon, OCD.

Princeps (principes) legionis. Soldiers of the second line in the legion, older than the first line infantry men (hastati) and sent into combat after them. The commander of a centuria composed of principes also had the title princeps (centurio).

Princeps legibus solutus. This principle stating that the emperor is above the law appears in Justinian’s Digest as a general one. It is clear, however, that in the source (D. 1.3.31) from which it was taken the rule originally referred only to the exemption of the emperor from the restrictions imposed by the Lex Julia et Papia Poppaea. Under the Principate the rule had the meaning that the emperor might abolish or change the laws as he pleased.—Seq. lex iulia de MARITANDIS ORDINIBUS.

De Francisci, BIDR 34 (1925) 321; Schulz, Engl. Hist. Rev. 60 (1945) 155; A. Magdelain, Auctoritas principis, Paris, 1947, 109.

Princeps officii. See officium palatinum. Any head of an administrative office, civil or military, used the title princeps, e.g., princeps agentium in rebus. —C. 12.57.

Marchi, St Fadda 5 (1906) 381; E. Stein, ZSS 41 (1920) 195.

Princeps scrinii. The head of an imperial bureau in the later Empire. The principes scriniorum were subject to the magister officiorum.

Princeps senatus. A distinguished, leading member of the senate. In the list of senators his name was at the head. Augustus and his successors assumed this Republican title.

O’Brien-Moore, RE Suppl. 6, 699.

Principales. (Noun.) In military service officers of a lower rank, technicians, musicians, etc., in the army. They were organized in associations (collegia).

Waltzing, DE 2, 367; Drake, Univ, of Michigan Studies, Human. Ser. 1 (1904) 261. ’

Principalis. (Adj.) Connected with, pertaining to, or originating from the emperor, as, e.g., principalis constitution iussio, cognitio, beneficium.

Principalis. (Adj.) First in place, degree, or importance, as opposed to another person or thing of minor or secondary importance. Thus res principalis ( = the principal thing) is distinguished from accessio; heres principalis ( = the principal heir) is opposed tb the substituted heir (see substitute).

Principalis. (Noun.) The highest official in the municipal administration or in a specific office. Syn. princeps.

Principatus. The high position of the emperor (see princeps) ; the highest rank in an office.

Principi placuit. See constitutiones principum.

Principia. In military terminology the center of a military camp, the area about the tent of the commanding general (praetorium). In the principia were the tents of higher officers and commanders of minor units. There was also the place where the higher officers gathered to receive orders.

Lecrivain, DS 4, 640; Saglio, DS 1, 945.

Principium. The initial words of an interdictal formula. Some interdicts are denoted by their first words, as, e.g., inter dicta uti possidetis, utrubi, quorum bonorum, quam hereditatem. In citations of texts of Justinian’s legislation principium ( = pr.) indicates the introductory passage of a text where numbered sections follow.

Prior. Prior in degree, rank, or time. Ant. posterior. Lex prior = an earlier law. Prior heres (syn. principalis) = an heir first instituted, before the heir substituted to him; see substitute.

Prior. In the election of magistrates, when a candidate for a higher magistracy received a majority of the centuriae voting in the comitia centuriata, the voting was not continued further. The magistrate so elected was designated as prior, e.g., prior (consul) factus est. Liebenam, RE 4, 693.

Prior tempore potior iure.. “He who is first in time has a better (stronger) right” (C. 8.17.3). The rule refers to a thing pledged successively to several creditors by the same debtor. The creditor to whom the thing w£s pledged first had to be satisfied before those to whom the thing was pledged subsequently.— D. 20.4; C. 8.17.—See pignus, hypotheca, potior- IN PIGNORE.

A. Biscardi, Il dogma della collisione, 1935, 49; idem, SDH I 4 (1938) 484.

Priscus. Some jurists had the surname (cognomen) Priscus, among them lavolenus and Neratius. Therefore, when a text appears under the name of Priscus, the authorship may be doubtful. The jurist Fulcinius (Priscus) enters also into consideration.

Berger, RE 16, 2549; 17, 1832.

Privatiani. Officials subordinate to the comes rerum PRIVATARUM.

Privatim. Privately, in a private capacity. Ant. publice = in public, publicly. The distinction is parallel to that between publicus and privatus. Privatim refers also to official acts of the praetor when, in exceptional cases, he performed them (as, for instance, manumissions) at home (in villa).—See de PLANO, IN TRANSITU.

Privatus. (Noun.) A private person as opposed to a public official, a corporate body, the fisc, or a member of the military.—See utilitas publica.

Privatus. (Adj.) Connected with, or pertaining to, a private person. Ant. publicus — all that concerns the Roman people (populus Romanus = the state).— See RES PRIVATAE, RES PRIVATA CAESARIS, ACTIONES PRIVATAE, DELICTUM, UTILITAS, INTERDICTA PRIVATA, ITER PRIVATUM.

Privignus. A stepson, i.e., a son of one’s wife by a former marriage or a son by concubinage. Privigna = a stepdaughter.

Privilegium. A legal enactment concerning a specific person or case and involving an exemption from common rules. Originally privilegium might indicate unfavorable treatment of the person involved. The Twelve Tables ordered that “privileges should not be imposed” (privilegia ne irroganto). Later, however, the term assumed the meaning of an exceptional favor granted an individual or an indefinite number of persons, as, for -instance, a certain category of creditors (called privilegiarii) to whom a better legal position was assigned than other creditors of the same debtor. There is a distinction between privilegia causae and privilegium personae, the first being connected with the matter itself, as with certain specific claims, the latter being attached to a person or a group of persons with regard to their profession or social position. Only the first were transferable to the heir of the privileged person. Privileged claims were, for instance, the claims of a ward against his guardian or curator, or the claim of a wife against her insolvent husband for the restitution of a dowry. Under the Empire privilegium is used sometimes as syn. with IUS SINGULARE.

Beauchet, DS 4; Anon., NDI 10; Legras, NRHD 32 (1908) 584, 650; Ramadier, NRHD 34 (1910) 549; E. Pais, Ricerche sulla storia 1 (1915) 401; R. Orestano, Ius singulare e p., AnMac 12-13 (1939) 5.

Privilegium exigendi. A right granted certain categories of creditors against an insolvent debtor under which they had to be satisfied before other creditors.

Orestano, AnMac 13 (1939) 24; S. Solazzi, Il concorso dei creditori 3 (1940) 132.

Privilegium fisci. See ius fisci.—C. 7.73; 10.1; 5 ; 9. Privilegium fori. The privilege granted in the later Empire to ecclesiastical persons to have recourse to ecclesiastical jurisdiction.

Genestal, NRHD 32 (1908) 162.

Privilegium funerarium. The expenses for the funeral of an insolvent person had to be covered from his property first, before the satisfying of the claims of his creditors.

Privilegium (privilegia) militum. The privileges of soldiers in the field of private law, as, for instance, their right to make a testament without observance of the forms prescribed for civilians.—See milites.

Pro. (Connected with the title of a high magistrate, proconsul, propraetor, proquaestor, or separately written pro consule, pro praetore, pro quae store.) Originally indicated a magistrate who acted as a substitute for the magistrate involved. Under the Republic a pro-magistrate was either a former magistrate whose functioning was extended beyond the year of service for special reasons (see prorogatio) or an.official who was temporarily appointed (not elected by the people) as a substitute for another magistrate. At the end of the Republic proconsul was the title of the governor of a province who had been previously a consul (or even only a praetor). Pro-magistracies became later dissociated from former service and were a separate type of office without regard to the fact whether or not the person holding it had been a consul or praetor.

Kiibler, RE 14, 430; W. F. Jashemski, The origin and history of the ■ proconsular and propraetorian imperium, Chicago, 1950.

Pro. (In connection with possession as a title, iusta causa, for usucaption; see usucapio.) There were various titles which led to usucaption when the holder of a thing erroneously, but in good faith, assumed he was entitled to keep it as his. Thus the title pro emptore possidere means that one held a thing which he acquired by purchase; pro legato was used when one received a thing in fulfillment of a legacy; pro donato, when one received a thing as a gift from a non-owner; pro dote, when a husband received a thing in a dowry; pro soluto, when a thing was given in fulfillment of an obligation; pro derelicto when one took a thing abandoned by a person whom he considered the owner. In all these cases the holder (possessor) of the thing was regarded as possessor pro suo since he possessed it in the belief that he was its owner whereas in actual fact, he was not the owner because the transferor himself (the seller, the donor, etc.) had not been the owner or the legacy or donation were invalid.—D. 41.4—10.—See traditio, usucapio, POSSESSIO, POSSESSOR pro herede, possessor PRO POSSESSORE.

Banmate, RIDA 1 (1948) 27 (for pro legato).

Pro herede gerere (gestlo). To act intentionally as an heir (to use the deceased man’s property, to sell or to lease things belonging to the estate, to pay th’e debts of the deceased, to sue another with hereditatis petitio, and the like). Such doings were considered as an acceptance of the hereditas and had the legal consequences of an aditio hereditatis in cases in which an explicit declaration of acceptance of the heir was required, i.e., when the heir was an outside heir (see heres extraneus, voluntarius). When a heres suus or heres suus et necessarius acted in the way mentioned, his doings were qualified as se immiscere (miscere) hereditati and resulted in his losing the right to refuse the inheritance (ius abstinendi, see abstinere se hereditate). In order to avoid such consequences the person so acting could declare before witnesses (testatio) that his acts did not imply the acceptance of the inheritance.

Berger, RE 9, 1108 (s.v. immiscere) ; Sanfilippo, AnCat 2 (1947-48) 166.

Pro herede usucapio. See usucapio pro herede.

Pro nihilo esse (haberi). To be (considered) legally void.

Hellmann, ZSS 23 (1902) 426.

Pro socio actio. See societas.

Pro · tribunali. In front of the tribunal, in court. Ant. de piano, in transitu.

Düll, ZSS 52 (1932) 174:

Pro tutore gerere. To act. as if a guardian. “One acts as if a guardian (tutor) when he fulfills the duties of a guardian in the ward’s affairs, no matter whether he does so in the belief that hejs the guardian or he knows that he is not, but falsely pretends to be the guardian” (D. 27.5.1.1). He could be sued by actio protutelae for damages caused during his acting.—D. 27.5; 6; C. 5.45.—See falsus tutor, ACTIO PROTUTELAE.

Sachers, RE 7A, 1525, 1585.

Probare. To approve. The term is used to indicate the approval of one jurist’s opinion by ariother jurist. Syn. adprobare.

Probare. In court or extrajudicially, to prove, to ascertain through evidence.—See onus probandi, probatio.

Probare opus. In connection with a locatio conductio op er is faciendi, see adprobare.

Samter, ZSS 26 (1905) 125.

Probatio. Proof, evidence, the act of proving. In civil trials there was the rule: ei incumbit probatio qui dicit, non qui negat (he who affirms has to prove, not he, who denies, D. 22.3.2). The plaintiff therefore, has to prove the facts on which his claim is founded, the defendant those facts which serve as a basis for his denial of the plaintiff’s claim or for his exception opposed thereto. Each party has free choice of the means of evidence he wishes to offer. In the classical law the value of the various means of evidence (documents, witnesses) was equal and the judge had full liberty in the evaluation of the proofs presented. In postclassical and Justinian’s law the tendency prevailed to give preference to written evidence and to debase that of a witness, if not to declare a testimony of the latter in certain cases insufficient. Under the influence of Christianity the oath became more and more predominant as a means of evidence.—D. 22.3; C. 4.19.—See onus probandi, TESTIS, INSTRUMENTUM.

Riccobono, ZSS 34 (1913) 231; De Sarlo, AG 114 (1935) 184; Tozzi, Riv. dir processuale civile, 17 (1940) 125, 212; M. Lemosse, Cognitio, 1944, 233; J. P. Levy, La formation de la theorie des preuves, St Solazzi 1948, 418; Levy, lura 3 (1952) 155.

Probatio anniculi causae. See causae probatio. Probatio erroris causae. See causae probatio. Probatio operis. See adprobare, probare, locatio CONDUCTIO OPERIS FACIENDI.

Probationes apertissimae, evidentissimae, manifestissimae. The most evident conclusive proofs. Terms frequently used by Justinian and his compilers, primarily with reference to proofs concerning the interpretation of wills.

Probatores. Approvers, professional experts who approved of a work done by a contractor.

Probitas (probus). Honesty (honest).

Probatoria. In the later Empire = an imperial decree by which an official of the imperial administration was appointed.—C. 12.59.

Procedere. To occur, to take place. Quod ita proc edit, si ( = this occurs if) is a favorite phrase of Justinian’s compilers which they used to restrict a legal principle previously expressed.

Guerneri-Citati, Indice² (1927) 50 (s.v. ita).

Probus (Valerius Probus). See notae iuris.

Proceres. The highest officials in the service of the later emperors.

Procheiros nomos. A succinct official compilation of laws (similar to the ecloge) based primarily on Justinian’s codification and published under the emperor Basile Macedo about a.d. 879. A revised edition, enriched by additions from the later legislation and called Prochiron Auctum was made four centuries later, about 1300.

Anon., NDI 10, 643; Editions: Zachariae v. Lingenthal, P.N., 1837; idem, Jus Graeco-Romanum 6 (1870) ; J. and P. Zepos, Jus Graeco-Romanum 2 (Athens, 1931) 3, 107 (Bibl. p. XII) ; E. H. Freshfield, A manual of Eastern R. law, P.N., Cambridge, 1928; idem, A provincial manual of later R. law, the Calabrian Procheiron, 1931; F. Brandi- leone and V. Pusitoni, Prochiron legum, pubblicato secondo il Cod. Vat. Gr. 845. Fonti per la storia d’Italia, 1895.

Procinctus. The army in fighting order.—See in procinctu.

Proclamare (proclamatio) ad (in) libertatem. To assert and defend one’s liberty. Syn. in libertatem adserere.—See adsertio, causa liberalis.—D. 40.13; C. 7.18.

Lecrivain, DS 4; M. Nicolau, Causa liberalis, 1933, 105.

Proconsul (pro consiile). Ex-consuls and ex-praetors (pro praetore) whose magisterial power, imperium (not the consulship or praetorship itself), was prolonged (see prorogatio imperii), were entrusted with the administration of provinces. The titles proconsul and propraetor later were applied even when a certain time elapsed between leaving the office in Rome and embarking on the administration of a province. The provinces ruled by the senate were either consulares (as Asia and Africa) when the rank requested for the governor was that of an ex-consul, or praetoriae when they were governed by an expraetor. The imperium of a proconsul (imperium proconsulare) comprised jurisdiction, civil and criminal, and the general administration of the province. —D. 1.16; C. 1.35.—See pro, provincia, legati PROCONSULIS, IURISDICTIO MANDATA.

Chapot, DS 4; Severini, NDI 10; De Ruggiero, DE 2, 855; Siber, ZSS 64 (1944) 233; W. F. Jashemski, The origins and history of the proconsular and propraetorian imperium to 27 B.C., Chicago, 1950.

Proconsularis. Connected with, or pertaining to, the office of a proconsul (imperium, insignia).—See proconsul.

Proconsulatus. The office of a proconsul as a governor of a senatorial province.

Procreare (procreatio). See liberorum quaerendorum CAUSA.

Procul dubio. Beyond any doubt. The locution is frequently used by Justinian’s compilers to stress the certainty of a legal norm whether of classical or later origin.

Guarneri-Citati, Indice² (1927) 32.

Proculiani. See sabiniani.

Proculus. A jurist and law teacher of the middle of the first century after Christ. He is known more from citations by other jurists than by works of his own, of which only his Epistulae are certain. They were highly estimated by later jurists. Proculus was the head of the so-called Proculian group (Proculiani). See SABINIANI.

Berger, BIDR 44 (1937) 120.

Procurare (procuratio). To manage another’s affairs, to act for another as his representative in a civil trial. Procuratio refers also to the office of a procurator in administrative law.—See the following items.

Procurator. (In a civil trial.) A representative of the plaintiff or of the defendant. See cognitor. He was informally appointed by his mandator, without notification necessarily being given to the adversary. Even a person without a mandate of the party or in his absence could be admitted to represent him in a trial and to defend his interests. Such a voluntary representative (negotiorum gestor), however, had to offer guaranty that his principal (dominus negotii) would approve of what he as the latter’s procurator has done in the course of the trial; see cautio de rato. When such a procurator appeared before court for the defendant, he had to offer the cautio iudicatum solvi; see iudicatum. In the later development, the procurator in a process, acting under a mandate of his principal was assimilated to the former cognitor; the procurator became the only representative of a party to a trial and the term cognitor was completely eliminated from the classical sources accepted into Justinian’s compilation.—D. 3.3; C. 2.12.—See cau-

TIO AMPLIUS NON AGI, DOMINUS LITIS, PROCURATOR AD LITEM, INTERVENIRE, NEGOTIORUM GESTIO.

F. Eisele, Cognitur und Procuratur, 1882; Heumann-Seckel, Handlcxikon* (1907) 463 (s.v. procurator) ; Orestano, NDI 10, 1092; Solazzi, ANap 58 (1937) 19, 62 (1948) 3; idem, BIDR 49-50 (1947) 338; Arangio-Ruiz, 11 mandato, 1949, 12.

Procurator. (In private law.) “One who administers another’s affairs under his authorization (mandatu)” (D. 3.3.1 pr.). Wealthy people used to have a general manager (administrator) of their property, a procurator omnium bonorum, whose activity for his principal was practically unlimited (alienations were excluded), unless specific restrictions were imposed on him concerning certain kinds of transactions. He was designated as a general agent ad res administrandas datus ( = appointed for the administration of the property). Normally such an agent was a freedman (sometimes even a slave). Procuratorship was distinguished from mandatum (in a technical sense) which referred to an authorization to perform a certain act whereas the procurator omnium bonorum acted either under a general authorization or, at times, as a negotiorum gestor and for an absent principal. The procurator unius rei ( — for one affair) is a later creation.—Inst. 4.10; D. 3.3; C. 2.12; 48.—See ad- STIPULARI, MANDATUM, NEGOTIORUM GESTIO.

Bouche-Leclercq, DS 4; G. Le Bras, L’evolution du procurator', These Paris, 1922; Donatuti, AnPer 36 (1922) ; idem, AG 89 (1923) 190; Solazzi, RendLomb 56 (1923) 142, 735; 57 (1924) 302; idem, Aeg 5 (1924) 3; Bonfante, Scritti 3 (1926) 250; B. Frese, Procuratur u. negotiorum gestio, Mel Cornil 1 (1926) 327; idem, St Bonfante 4 (1931) 400; idem, St Riccobono 4 (1936) 399; De Ro- bertis, AnBari 8 (1935) ; F. Serrao, Il procurator, 1947 (Bibl.); Dull, ZSS 67 (1950) 168; Dumont, Un nouvel aspect du procurator, Bourges, 1949; Rouxel, Annales de la Faculte droit Bordeaux, Ser. juridique 3 (1952) 94.

Procurator (procuratores). (In the imperial administration.) Augustus was the first to appoint procuratores as officials of the administration. He entrusted them with the management of the imperial property. With the increase of the imperial patrimony, the exploitation of the provinces for the imperial purse, and the introduction of new taxes and sources of income, procuratores were put at the head of all branches of the administration, even those which were not directly connected with the emperor’s property. Thus, beside the procuratores Augusti (procuratores in service of the emperor) there were procuratores active in the interest of the state. Moreover, some offices which in the past were covered by officials with the title of curatores or magistri, were later granted the official title of procurator. Many procuratores were originally freedmen, but, from the time of Hadrian on, only persons of equestrian rank were appointed as procurator. Most of the procura- torial offices were concerned with the financial administration; there were, however, various procuratores with a different and limited competence. The procurator received a salary and four categories were distinguished according to the amount of their salary; see centenarius, ducenarius. The highest salary was 300,000 sesterces (trecenarius), the lowest was 60,000 (sexagenarius). Procuratores were used in the imperial household, chancery, and in special capacities in Rome, in the administration of the fisc in imperial provinces, for the management of specific taxes and revenues, etc., and finally as governors of certain provinces, primarily on the boundaries of the Empire. The more important procuratorships are mentioned among the following items.—See lex MANCIANA.

Cagnat, DS 4; Orestano, NDI. 10; Mattingly, OCD; Horovitz, Rev. Beige de philologic et d'hist. 17 (1938) 53, 775; idem, Rev. de philol. 13 (1939) 47, 218; Besnier, Rev. Beige de philol. ct d’hist. 28 (1950) 440; H. G. Pflaum, Essai sur les procurateurs equestres sous le Haut Empire, 1950.—A list of imperial procuratores who occur in inscriptions in Dessau, Insc. Lat. sei. 3, 1 (1914) 408, 426.

Procurator a censibus. See a censibus.

Oliver, Amer. Jour. Philol. 67 (1946) 311.

Procurator a rationibus. A later title of the chief of the central financial administration, previously called A RATIONIBUS.

Rostowzew, DE 3, 133.

Procurator absentis. A person who assumed the defense of the interests of a party to a trial in his absence (with or without his authorization). He was obliged to give the pertinent guaranties; see procurator in a civil trial. Ant. procurator praesentis.

Procurator ad annonam Ostiis. A grain controller, stationed in Ostia.

Procurator ad litem. See procurator in a civil trial. Solazzi, ANap 62 (1948).

Procurator apud acta. A representative in a litigation who was appointed by his principal through a declaration made in the office of a magistrate. An official record was made of the appointment.

Procurator aquarum. An official instituted by the Emperor Claudius for the administration of the water installations and water supply in Rome.

De Ruggiero, DE 1, 551.

Procurator Augusti. A procurator appointed by the emperor as his representative in administrative functions, primarily in financial matters, but sometimes also in military affairs.—D. 1.19.

Sherwin-White, Papers of the Brit. School at Rome 15 (1939) 11.

Procurator bibliothecarum. The supervisor of the administration of public libraries in Rome (from the time of Claudius). The director of a particular library = procurator bibliothecae.

Dziatzko, RE 3, 422; De Ruggiero, DE 1, 1003.

Procurator Caesaris. See procurator augusti, rationalis.—D. 1.19.

Procurator castrensis. See castrensis.

Procurator falsus. See falsus procurator.

Procurator ferrariarum. An imperial procurator appointed for the administration of iron mines.

De Ruggiero, DE 3, 63.

Procurator gynaecii. An imperial official appointed for the management of an imperial garment factory. —C. 11.8.

A. W. Persson, Staat und Manufaktur im röm. Reiche, Lund, 1923, 70.

Procurator hereditatium. A procurator concerned with the fiscal revenues from inheritance taxes and estates which were taken by the fisc or were left to the emperor by private persons.—See vicesima HEREDITATIS, BONA VACANTIA, CADUCA.

De Ruggiero, DE 3, 734.

Procurator in rem suam. A fictitious representative. See COGNITOR IN REM SUAM, CESSIO.

Procurator metallorum. An imperial delegate appointed for the administration of mines. His official titles is sometimes more specified, as, for instance, procurator argentariarum (silver mines), procurator ferrariarum (iron mines), procurator marmorum (marble quarries). His activity is referred to by the word cura, the mines being sub cura procuratoris. C. 11.7.—See LEX METALLI VIPASCENSIS.

Cuq, NRHD 32 (1908) 668; U. Täckholm, Bergbau in der röm. Kaiserzeit, Uppsala, 1937, 101; 117; 148.

Procurator monetae. See tresviri monetales.

Procurator omnium bonorum (rerum). A person who administers another’s property as his representative (agent).—See PROCURATOR.

Arangio-Ruiz, Il mandato, 1949, 8, 49; Düll, ZSS 67 (1950) 170; A. Burdese, Autorizzazione ad alienare, 1950, 26.

Procurator operum publicorum. At the end of the second century after Christ an imperial superintendent of public buildings was instituted. He replaced thd former curator operum publicorum.—See OPERA PUBLICA, CURATORES.

Procurator patrimonii (Caesaris). The administrator of the patrimonium caesaris. Originally his functions embraced also the res privata of the emperor, but from the time of Septimius Severus the private property of the emperor was administered by a procurator rei privatae.

Procurator praediorum fiscalium. See praedia fiscalia.

Procurator praesentis. A procurator in a civil trial acting in the presence of the party whom.he represents. Ant. procurator absentis.

Procurator rationis privatae. See procurator rei PRIVATA'E.

Procurator regionum urbis Romae. See regiones URBIS ROMAE, CAESARIS.

Procurator rei privatae. The administrator of the emperor’s private property. This high ranking official had also the title procurator rationis privatae or, in the provinces, magister rei privatae. From the time of Constantine his official title was rationalis, and later, comes rerum privatarum.—See res privata, RATIONALIS, PROCURATOR PATRIMONII.

Procurator summarum rationum. A deputy administrator of fiscal matters, subordinate to the procurator a rationibus.

Procurator unius rei. An agent of a private person instituted for the management of one specific affair. The institution is probably a later creation.—See procurator (in private law).

Frese, Mèi Cornil 1 (1926) 327; E. Albertario, Studi 3 (1936) 495; V. Arangio-Ruiz, Il mandato, 1949, 17.

Procuratores. (In the imperial chancery.) The chiefs of the various divisions in the imperial chancery (ab epistulis, a cognitionibus, a memoria, a studiis, a libellis) received in the later Principate the title procuratores.

Prodere instrumenta. To deliver documents which one received from another in deposit (e.g., an agent, procurator, from his principal), secretly to the adversary of the depositor, against the interest of the latter. The wrongdoer was punished for crimen falsi (see falsum).

Prodere interregem. To designate an interrex when both consulships became vacant. The first interrex was appointed by the senate ; after five days of interregnum, he himself designated his successor in office for the next five days, and so did his successors until new consuls were elected.—See interregnum, INTERREX.

Liebenam, RE 9, 1716; O’Brien-Moore, RE Suppl. 6, 676. Prodigium. See monstrum.

Prodigus. A spendthrift. According to Justinian’s definition (D. 27.10.1 pr.) a prodigus is “one who does not regard time or limit in his expenditures, but lavishes (profundere) his property by dissipating and squandering it.” After he was interdicted from the administration of his affairs, the prodigus was not able to make a last will. However, a testament made before remained valid.—D. 27.10; C. 5.70.—See CURATOR PRODIGI, INTERDICERE BONIS.

Beauchet, DS 4; A. Audibert, NRHD 14 (1890) 521; idem, Ét. sur rhistoire du dr. r. I. La folte et la prodiga- lite, 1892, 79; I. Pfaff, Zur Gesch. der Prodigalitätserklärung, 1911; F. De Visscher, Ét de dr. rom. 1931, 21; Collinet, Mèi Cornil 1 (1926) 149; Solazzi, 57 Bonfante 1 (1930) 47; Kaser, 57 Arangio-Ruiz 2 (1952) 152.

Proditio. High treason, in particular the delivery of Roman territory or of a Roman soldier or citizen to the enemy. See proditor.—Proditio is also the denunciation of a crime to the authorities.—See MAIESTAS, PERDUELLIO.

C. Brecht, Perduellio, 1938, 91; 191.

Proditor. A traitor, a denouncer. A military proditor was an explorator ( — a soldier assigned to the reconnoitering service) who betrayed military secrets to the enemy. He was punished with death. Syn. renuntiator.

Proditus. (From prodere.) Originating from, introduced by (a statute or a praetor in his jurisdictional capacity, as, e.g., an action or exception).

Profanum. A profane thing. Ant. sacrum \ see res sacrae. Profanus locus is the ant. of religiosus locus. See res religiosae. A place in which a dead person was buried temporarily, merely to be transferred later into a grave remained locus projanus.

Profecticius. See DOS PROFECTICIA, PECULIUM ADVENTICIUM.

Proferre. To produce a document (a testament) in court, to present witnesses {testimonia, testes) ; to produce in public.

Proferre diem. To prolong, to defer (the term of a payment).

Proferre sententiam. To oronounce a judgment in a trial. Hence sententia prolata — a judgment pronounced by a judge.

Professio. (From profiteri.) A declaration (return) made before an official authority {apud magistratum, apud acta — for the records). The professiones concerned different matters, primarily personal connotations of a person (such as age, liberty, family status), the birth of children, and the like. The professiones could be made personally by the individuals involved, by a representative of an absent person or by a guardian for persons under guardianship.—See the following items.

Cuq, DS 4; Elmore, J RS 5 (1915) 125; Reid, ibid. 207. Professio. Candidates for a magistracy had to declare their willingness to compete for a certain magistracy before the magistrate who convened the popular assembly and later presided over the particular election (consul, praetor, plebeian tribune). A statute*of the late Republic required a personal appearance on the part of the candidate before the competent magistrate, who in case of acceptance, put the candidate's name on the list to be announced in public before the election. The magistrate had the power to refuse a candidate’s admission, if the latter seemed to him ineligible for a specific reason.—See candidatus, MAGISTRATUS.

Brassloff, RE 4, 1697.

Professio censualis. A declaration concerning his family and property made by a citizen before the censors during the census. These professiones served military and taxation purposes. Under the Empire a perfected census system was set up by the imperial bureaucratic machinery. Fraudulent returns were severely punished.

Schwahn, RE 7 A, 55; Cuq, DS 4, 674.

Professio frumentaria. A return made by persons who requested the admission to the list of those who received gratuitous distribution of corn.—See frumentatio.

Mitteis, ZSS 33 (1912) 171; Elmore, JRS 5 (1915) 125; Gittardy, Clas Quarterly 11 (1915) 27; v. Premerstein, ZSS 43 (1922) 59.

Professio liberorum (natorum). A declaration made before competent authority by the father (mother or grandfather) concerning a new-born child. These returns served as the basis for entries into an official register of births of legitimate children of Roman citizens. The registration was ordered by Augustus.

Cuq, DS 4, 675; idem, Mèi Fournier 1929, 119; F. Lan- franchi, Ricerche sul valore giuridico delle dichiarazioni di nascita, 1942; Weiss, BIDR 51/52 (1948) 317; Schulz, JRS 32-33 (1942, 1943 = BIDR 55^56, Post-Bellum, 1951, 70) ; Montevecchi, Aeg 28 (1948) 129.

Professor. Syn. magister, antecessor. Professores iuris cwilis = law teachers. Teaching law {civilis sapientia) · “should not be estimated nor dishonored by a price in money,” since “the wisdom of law is a very sacred thing {civilis sapientia est res sanctissima,” D. 50.13.1.5).—C. 10.53; 12.15.—See magister, ANTECESSOR, HONORARIUM.

Proficere. To be useful. Proficit is said when a legal transaction or act serves, the purpose for which it was done. Ant. non proficere — to be of no legal effect (use).

Proficisci (a, ab, ex). To originate, to arise from (e.g., the praetorian edict, praetorian jurisdiction, a testament).

Profiteri. See PROFESSIO.

Profundere bona. To dissipate one’s property.—See PRODIGUS.

Progenies. Descendants. The term occurs only in imperial constitutions.

Programma. A proclamation, a manifesto of the emperor or of a provincial governor. When addressed to a private person, the term denotes an edictal (public) summons of an absent person.—C. 7.57.

F. v. Schwind, Zur Frage der Publikation, 1940, 114.

Prohibere. To prohibit, to forbid. The term is used of prohibitions issued in certain situations by a private individual (e.g., by a co-owner or a neighbor) and of prohibitive orders of a magistrate or of a Statute. See IUS prohibendi, communio, actio PROHIBITORIA, INTERDICTUM, OPERIS NOVI NUNTIATIO, lus aedificandi. With reference to criminal offenses prohibere = to impede, to prevent. Generally no one is bound to intervene in ord^r to prevent a crime except when the crime is directed against the state or in certain specified cases, such^as counterfeit of coins, abduction, or murder of a near relative. In such cases one had to prevent the wrongdoer from committing the crime if he could do it {cum prohibere potuit) ; otherwise he risked being treated as the criminal’s accessory.—See furtum prohibitum.

Honig, Fschr Heilfron 1930, 63.

Prohibitorius. See actio prohibitoria, interdicta PROHIBITORIA.

Proiectio (proiectum). A part of a building projecting over a neighbor’s property. The construction of a proiectio could be prohibited by the neighbor.—See PROTECTUM. OPERIS NOVI NUNTIATIO.

Proinde. See PERINDE.

Proles. Syn. with PROGENIES.

Proletarii. Men without property. Originally the term was applied to persons not registered in the classes of the centuriate organization (see centuria) because they had not even the minimum property required for the lowest class. Their sole possession was their children, proles; hence the name. The proletarii were the poorest stratum of the population. Ant. classici — those registered in the first class according to their property, see classicus.—See ad- SIDUI, CAPITE CENSI.

Lecrivain, DS 4; Gabba, Ath 27 (1949) 175; idem, Riv. di filologia classica 1949, 173.

Prolytae. Fifth-year students in the Eastern law schools.—See LYTAE.

Promercium. See commercium.

Promiscua condicio. See condicio mixta.

Promissio, promissum. (From promittere.') A promise which created an obligation on the part of the promissor. It is a general term applied to both contractual and unilaterally assumed obligations, to written and oral, formal and formless promises. But the specific application of the term is to obligations arising from *a stipulatio, either by the principal debtor or by a surety.—See reus promittendi, ad- promissio, cautio. In Justinian’s legislative work the terms promittere and promissio were substituted for obligations which in earlier law had to be contracted through stipulatio.

Promissio dotis. The constitution of a dowry by a formless promise. It replaced both the formal dictio dotis and the stipulatio dotis in later times and was substituted therefor in classical texts by Justinian’s compilers.—C. 5.11.—See pollicitatio dotis.

Promissio operarum. See iurata promissio liberti. Promissio post mortem. See obligatio post mortem. Promittere. See promissio.

Promovere (promotio). To confer a higher rank or an honorific title on an imperial official. The term occurs only in imperial constitutions.

Promulgare (promulgatio). To publish, to promulgate a law. In the Republic, the text of a bill submitted to a popular assembly was promulgated in the form of an edict by which the magistrate who proposed the law publicly announced its text. Alterations were not permitted. Between the promulgatio and the gathering of the assembly convoked for the purpose a lapse of time called trinundinum (presumably twenty-four days) was obligatory.—See pp.

G. Rotondi, Leges publicae populi Romani, 1912, 123; v. Schwind, Zur Frage der Publikation, 1940.

Pronepos (proneptis). A great-grandson (a great- granddaughter).—See NEPOS.

Pronuntiare (pronuntiatio). General terms for legally important pronouncements (declarations) made by officials, and on rare occasions by private persons. With reference to judicial trials (primarily civil), the terms are used of declarations by both the magistrate and the judge in the bipartite procedure as well as by the jurisdictional magistrate in the cognitio extra ordinem. Pronuntiare secundum actorem (reum) — to pass a judgment in favor of the claimant (the defendant) ; pronuntiare adversus (or contra) actorem (reum) — to pass a judgment against the plaintiff (the defendant). Pronuntiatio is often used of a judicial decision concerning the status of a free man or slave, the validity of a testament or marriage, etc. In so-called actiones arbitrariae and in the procedure before the emperor (in either the first or the appellate instance) pronuntiatio is used in the sense of an interlocutory decision.—See sententia, ARBITER EX COMPROMISSO, SENTENTIAM DICERE (PRONUNTIARE).

G. Beseler, Beitrage zur Kritik 2 (1911) 139, 3 (1913) 3;

E. Betti, L’antitesi di iudicare (p.) e damnare nello svolgi- mento dei processo rom., 1915; M. Wlassak, Judikations- befehl, SblVien 197, 4 (1921) 77; Siber, ZSS 65 (1947) 3.

Pronuntiatio sententiarum. In the senate the announcement by the presiding magistrate of opinions expressed by individual senators on a topic on which a vote was to be taken.

O’Brien-Moore, RE Suppl. 6, 715.

Prope (propius) est. It is proper, adequate, easy to understand. The locution is frequent in the juristic language.

Propinqui (propinquitas). Near relatives, neighbors. See CONCILIUM PROPINQUORUM.

Proponere. To submit a case (proposita species, quaestio) to a jurist for an opinion. The respondent jurist gave his view on the basis of the facts as alleged by the questioning party (propositum, in proposito). Some jurists, therefore, used to give their opinion with the reservation, “according to what has been alleged,” or with a clause excluding or restricting a certain decision (nihil proponi cur... — nothing has been alleged as to why or why not...).

Proponere (propositio). (With regard to magisterial edicts and imperial enactments.) To expose to public view. From the time of Hadrian, imperial rescripts could be made public by propositio.—See PROSCRIBERE LEGEM, PP.

F. v. Schwind, Zur Frage der Publikation, 1940, 167.

Proponere actionem (interdictum). To announce in the praetorian Edict an action and its formula or an interdict to be granted in specific circumstances by the praetor acting in his jurisdictional capacity.

Propositio (propositum). A case presented for a juristic opinion. See PROPONERE.

Propositum. A poster.—See horrearius, proponere. Propositum. Intention. The term is used with reference to good or (more frequently) to evil intention (e.g., to commit a crime, to steal).—See impetus.

Propositus. E.g., proposita causa, species.—See proponere.

Propraetor (pro praetore). An ex-praetor as a governor of a senatorial province (provincia praetoria); a praetor whose term was prolonged for exceptional reasons on advice of the senate.—See pro, prorogatio IMPERII, LEGATI PROCONSULIS, LEGATI PRO PRAETORE, PROCONSUL.

Lecrivain, DS 4; W. F. Jashemski, Origins and history of the proconsular and propraetorian imperium, Chicago, 1950.

Proprietarius. See dominus proprietatis.

Proprietas. Ownership. Syn. dominium.—See nuda PROPRIETAS, DOMINUS PROPRIETATIS.

Proprio (suo) nomine. (E.g., agere.) To act, to sue on one’s own behalf. Ant. alieno nomine.

Proprius. Belonging to a certain person as his own. Ant. alienus, communis. With regard to iurisdictio propria, the ant. is iurisdictio mandata, delegata.

Propter. See DONATIO PROPTER NUPTIAS.

Proquiritare legem. The announcement of the vote on a proposed statute passed by a popular assembly. Weiss, Glotta 12 (1923) 83.

Prorogare (prorogatio). To postpone, to defer, to prorogue (e.g., the date a payment is due, a contractual relation) ; sometimes prorogare — to pay in advance.

Prorogatio imperii. The prolongation of the magisterial imperium of a high magistrate (consul, praetor) as a pro consule or pro praetore beyond the end of his year of office. The prorogatio applied either to his last post or to taking a governorship in a province. —See PRO, PROCONSUL, PROPRAETOR.

Proscribere (proscriptio). To announce publicly (palam) by a poster, easily accessible to the public, containing information which concerned a larger number of people, for instance, the appointment of an institor in a business.

Proscribere bona (proscriptio bonorum). To announce publicly that the property of a person (e.g., of a bankrupt debtor) will be sold by auction. During the period of proscriptio (normally thirty days in the case of bankruptcy, fifteen days when an inheritance was involved), creditors had the opportunity to join in the proceedings which led to the sale of the bankrupt estate. See missio in possessionem rei servandae causa.—Proscribere bona is also used of the confiscation of a private person’s property by the state. See publicatio bonorum. For proscribere bona in the praetorian Edict, see missiones in possessionem.—C. 9.49.

S. Solazzi, Concorso dei creditori 1 (1937) 171; S. v. Bolla, Aus rbm. und biirgerl. Recht, 1950, 25.

Proscribere legem. To make a statute public. The text was written on boards publicly displayed in the forum so that “it could be plainly read from level ground” (de plano, D. 14.3.11.3).—See proponere. F. v. Schwind, Zur Frage der Publikation, 1940, 26.

Proscriptio. (In public law.) Inscribing the name of a person upon a list of outlaws. Simultaneously, a reward was offered for his head. The’ill-famed proscriptions by the dictator Sulla were ordered by the Lex Cornelia de proscriptione (82 b.c.). In later imperial constitutions proscripti (proscriptio) is used of persons sent into exile.—C. 9.49.

Humbert, DS 4.

Proscriptio albi. Listing a person in the publicly exposed album decurionum. Entry in the list without a preceding election is without any legal effect.

Proscriptio bonorum. See proscribere bona.

Proscriptio debitorum. Making public the names of insolvent debtors through an inscription on a wall or on a column in a public place. The publication was by the creditors.

Weiss, RIDA 3 (1950) 501.

Proscriptio locationis. An advertisement, through an inscription on a building, of an apartment to rent under conditions specified in the notice.

Arangio-Ruiz, FIR 3 (1943) 453; Maiuri, La parola del passato 3 (1948) 153.

Prosecutor annonae. An agent appointed for the transportation of food supplies for the army. His duty was a liturgy (munus) and entailed responsibility for the safety of the goods convoyed. The term prosecutor was also used of escorts conveying (prosecutio) arrested persons or gold belonging to the state (prosecutor auri publici), C. 10.74.

Prosecutoria. (Sc. epistula.) An imperial letter of commendation.

Prospectus. See SERVITUS NE PROSPECTUI OFFICIATUR. Prospicere. To foresee, to provide beforehand, to take precautions. The term refers both to precautionary measures introduced by the praetor in his edict in order to prevent illegal or harmful acts, and to those taken by private persons through such legal remedies as cautio or satisdatio in order t© be saved from eventual losses that might result from a transaction concluded.

Prostituere. To prostitute. If a female slave (ancilla) was sold under the condition that she should not be delivered to prostitution (ne prostituatur) by her new master, a clause was usually added that in the case of a breach she would be free. In such an event she became a freedwoman of the vendor. Under the later imperial legislation, a slave became free if her master forced her into prostitution.—C. 4.56.

W. Buckland, The R. law of slavery, 1908, 70; 603.

Protectores. In the later Empire an infantry unit for the protection of the emperor, his family and the imperial palace. They accompanied the emperor in public ceremonies. The term protectores domestici refers to cavalrymen in the entourage of the emperor.—C. 12.17.—See domestici.

Besnier, DS 4; Braschi, DE 2, 1938; Babut, Recherches sur la garde imperiale, Rev. Historique 114, 116 (1913, 1914) ; B. Grosse, Rom. Militdrgeschichte, 1920, 13; E. Stein, Gesch. des spdtromischen Reichs 1 (1928) 187; Gigli, Rend Line 1949, 383.

Protectum. A roof or balcony projecting onto a neighbor’s property. The latter could prohibit such a construction unless the builder had a servitude, servitus protegendi.—D. 39.2.—See proicere.

Protestari. To make an announcement in public (in court or by a placard), for instance, to the effect that a person is not one’s representative, agent, or business manager.

Protutela. See pro tutore, actio protutelae.

Prout quidque contractum est, ita et solvi debet. “In the same way in which an obligation was contracted, dt should be discharged” (D. 46.3.80).—See SOLUTIO.

Providere (providentia). To foresee, to procure beforehand, to provide for. The terms refer to statutes, senatusconsults, imperial enactments, and orders of high officials (e.g., provincial governors). The verb providere was used by the imperial chancery with great frequency to stress the duty of an official to take specific measures in a given situation.

Charlesworth, Harvard Theol. Rev. 29 (1936) 107; Al- bertario, Ath 6 (1928) 165, 325 (=57 di diritto rom. 6 [1953] 165).

Provincia. The original meaning of the term was that of the sphere of action of a magistrate with imperium, distinguished from the sphere of action of his colleague (see collega). Provincia was also used of a district under the ruling of a military commander. Later, territories outside Italy conquered and annexed by Rome were assigned as a provincia to a Roman magistrate (a consul or a praetor) or a high pro-magistrate vested with imperium and representing there the authority of the Roman state. The first instances in which the term provincia was applied to a conquered and incorporated territory were Sicily and Sardinia (241 and 238 b.c.). The organization of a new province was regulated by a lex provinciae, but there were no general rules for the administration of provinces. Within �?the territory organized as a province there were territorial units, cities and municipalities, which were granted a special status of CIVITATES FOEDERATAE OT CIVITATES liberae et iMmunes. The Lex Cornelia de provinciis ordinandis (on the organization of provinces, 81 b.c.) set some rules for the administration of provinces by ex-praetors who, after their year of service in Rome, assumed the governorship of a province as pro-magistrates with a prorogated imperium (see prorogatio imperii). Ex-consuls were admitted to governorship under the same circumstances. Later, however, the Lex Pompeia (52 b.c.) fixed a delay of five years between the tenure of a high magistracy in Rome and that of a governorship in a province. From the time of Augustus the governors received a fixed salary. The legal status of the population of a conquered province was that of peregrini or of peregrini dediticii when the conquest resulted from a victorious war and a surrender of the enemy (see dediticii, deditio). See tributum. Roman citizenship was granted either to individual provincials or to larger groups, until the constitutio antoniniana bestowed citizenship on all inhabitants of the Empire. The investment of the princeps with imperium proconsulare maius (qualified also as indefinite, perpetuum) gave the emperor in theory the highest power over all the provinces. It was granted for the first time to Augustus by the senate in 23 b.c., but very early—already under Augustus—a distinction was made between imperial {provinciae principis, Caesaris) and senatorial provinces (provinciae senatus). The latter were the pacified, long annexed provinces, while the imperial provinces were those which had been recently acquired and in which revolts still occurred or were to be expected. The shift of a province from one category to the other could be ordered by the emperor. Under Diocletian the provincial administration acquired a different aspect. The division of the Empire into praejecturae and dioeceses (see dioecesis) was connected with the creation of new provinces, smaller in territory than under the Principate. The military command was separated from the civil administration; the governors retained their jurisdictional power, which was subject to an appeal to the vicarii and eventually to the emperor. In imperial legislation, provincial matters were among the topics to which the emperors devoted their greatest attention. The terms provincia and provincialis are among the most frequent in Justinian’s Code. For details concerning the administration, officials, jurisdiction, etc., in the provinces, see the pertinent items, e.g., arca provincialis, conventus, CONVENTUS CIVIUM ROMANORUM, CONCILIA PROVINCIARUM, LEGES DATAE, LEGATI DECEM, LEGATI AD CENSUS ACCIPIENDOS, LEGATI IURIDICI, LEGATI LEGIONUM, LEX RUPILIA, LEX POMPEIA, ORNATIO PROVINCIARUM, REPETUNDAE, FUNDUS PROVINCIALIS, peregrini, and the following items.

Chapot, DS 4; Severini, NDI 10; De Ruggiero, DE 2, 847; Stevenson, OCD; C. Halgan, Essai sur radministration des provinces senatoriales, 1898; T. Mommsen, Die Provinzen von Caesar bis Diokletian, 6th ed. 1909 (Engl, translation, 1909) ; W. T. Arnold, The R. system of provincial administration, 3rd ed. 1914; L. Falletti, Evolution de la jurisdiction civile du magistrat provincial sous le Haut Empire, 1926; Anderson, The genesis of Diocletian's prov. admin., J RS 22 (1932) ; Gitti, L’ordinament o provinciale dell’Oriente sotto Giustiniano, Bull. Comm. Archeol. Comunale di Roma, Bull, del Museo 3 (1932) 47; Pisani, RendLomb 74 (1940-41) 148; Duyvendak, Symb. v. Oven, 1946, 333; A. Solari, I’impero rom., 4. Impero provinciale (1947) 193; G. H. Stevenson, Rom. provincial administration, till the age of the Antonines, 2nd ed. 1949; D. Magie, Rom. rule in Asia Minor to the end of the third cent. 1-2 (1950).

Provinciae Caesaris (principis). Provinces ruled by the emperor, who administered them through governors appointed by himself (legati Augusti pro praetore). They were assisted by special imperial procuratores (primarily for the financial administration) who were subordinate not to the governor but directly to the emperor. On occasion, the emperor sent special delegates in a specific mission who, too, were directly responsible to him. The soil of imperial provinces {praedia tributoria} was considered property of the emperor and all imposts and revenues from these provinces went to the imperial fisc. See tributum. Some provinces annexed to the empire were governed by imperial procuratores of equestrian rank. The emperor exercised his power over those territories not by virtue of the imperium proconsulare vested in him by the people, but as the successor of their former sovereigns (kings or princes).—See PROVINCIA.

Provinciae consulares. Provinces assigned to exconsuls by the Senate under the Republic.—See SENATUSCONSULTUM DE PROVINCIIS CONSULARIBUS.

Provinciae populi Romani. See provinciae senatus. Provinciae praetoriae. Provinces governed by expraetors as governors.

Provinciae principis. See provinciae caesaris.

Provinciae procuratoriae. Provinces of the emperor governed by procuratores.—See provinciae caesaris. W. E. Gwatkin, Cappadocia as a R. procuratorian province, Univ, of Missouri Studies V, 4 (1930) ; P. Horowitz, Le principe de creation des provinces procuratoriennes, Rev. Beige de philol. et d’hist., 1939.

Provinciae senatus. Provinces under the control of the senate. In the Republic the senate directed the administration of the provinces through governors selected from among former consuls and praetors (hence the distinction between provinciae consulares and praetoriae). From the time of Augustus there were two categories of provinces, imperial (see provinciae caesaris) and senatorial. Henceforth the senate had full control only over the senatorial provinces. The governors of these provinces were pro- consuls appointed by the senate and subject to its orders and instructions. From the second century on it became customary for imperial functionaries (correctores, curatores civitatis) to supervise the financial administration, which in these provinces was confided to special officials, quaestores, subordinate to the governor. The soil was considered the property of the Roman people (see praedia stipendiaria). An impost (see stipendium) was levied on communities; they in turn assessed it on the inhabitants. O’Brien-Moore, RE Suppl. 6, 793; McFayden, The princeps and the senatorial provinces, CIPhil 16 (1921) ; J. M. Cobban, Senate and provinces (78-49 B.C.), Cambridge, 1935.

Provincialis. (Adj.) Refers to different matters {res provincialis), both to persons somehow connected with a province and its administration and to provincial soil {fundus provincialis, praedium provinciale).—See EDICTUM provinciale.

Provincialis. (Noun.) An inhabitant of a province “who has his domicile there, not one who is born in a province” (D. 50.16.190).—See domicilium.

Provisio. In the sense of a legal enactment (provision), the term prevails in the language of the imperial chancery of the later Empire.

Provocare. To challenge, to provoke (a jurisdictional measure in a trial). The term is primarily used of appeals from judgments of a lower instance to a higher one; see provocatio.

Provocare ad populum. See provocatio.

Provocare Sacramento. To challenge the adversary by a sacramentum; see legis actio sacramento.

Provocare sponsione. To challenge one’s adversary in a trial by a sponsio in order to make him promise to pay a certain sufn in case of defeat, e.g., “Do you promise to pay me... if the slave is mine under Quiritary law?”—See agere per sponsionem.

Provocatio (provocare). An appeal by a citizen condemned by a magistrate in a criminal trial, to the popular assemblies {provocatio ad populum, a magistratu, adversus magistratum) under the Republic. An appeal from capital punishment went to the comitia centuriata, from a pecuniary fine (multa) to the comitia tributa. Several Republican statutes regulated the procedure of provocatio: Lex Valeria de provocatione, Lex Valeria Horatia, Lex Duilia, Lex Porcia, Lex Sempronia. There was no provocatio from a decision of a dictator, from a judgment of the decemviri, or from that of the criminal courts, quaestiones. Under the Empire an appeal was addressed to the emperor {provocatio ad imperatorem, ad Caesarem). In civil matters provocatio is syn. with appellatio.—C. 7.64; 70.—See anquisitio.

Lecrivain, DS 4; Strachan-Davidson, Problems of R. criminal law 1 (1912) 127; Diill, ZSS 56 (1936) 1; G. Pugliese, Appunti sui limiti dell’imperium, 1939, 62; Brecht, ZSS 59 (1939) 261; Siber, ZSS 62 (1942) 376; Heuss, ZSS 64 (1944) 104.

Provocator. He who appeals through provocatio.

Proxeneta. A broker, an agent. He could sue his client for compensation for his services in a cognitio extra ordinem. Proxeneticum = a broker’s (factor’s) commission.—D. 50.14; C. 5.1.

Siber, IhJb 88 (1939-40) 177.

Proximi. (In the administration.) Lower officials, assistants to the head of an office and his substitutes during his absence. Generally they succeeded their superiors when the office became vacant. The various divisions of the imperial chancery each had their proximi {proximi ab epistulis, a libellis, a memoria, a studiis, proximi scrinii).—C. 12.19.

Proximus agnatus. See agnatus proximus.

Proximus infantiae (infanti), pubertati. See infans, impubes.

Prudentes (prudentiores). In the sense of iuris prudentes, see IURISCONSULTUS, IURISPERITUS.

Prudentia. Used in imperial constitutions for iuris- prudèntia.

Pubertas. See impubes, minores, habitus corporis. Pubertäs plena. See minores.

Pubertati proximus. See infans.

Pubes. See impubes.

A. B. Schwarz, ZSS 69 (1952) 345.

Pubescere. To become capable of procreation {pubes, see impubes). Ant. qui pubescere non potest — impotent ; see SPADO.

Publicani. Farmers of public revenues (taxes, salt and metal mines, chalk pits, etc.). They were organized in financial companies {societates publicanorum) which at the public auctions arranged by the state for the lease of the pertinent rights acted collectively through their representative {manceps). Senators were prohibited from participating in collection of taxes or other imposts. The publicani were businessmen of equestrian rank. During the Punic wars they acquired great fortunes and, subsequently, also a great influence in political life. The affairs of the association of publicani were managed by a magister societatis publicanorum, assisted by a staff of subordinates throughout the territory (province) in which the society had leased the particular revenues involved. The provincials suffered much under that system of tax-collecting. The societas was not dissolved by the death of a member ; his heir could be accepted in his place. Tax-farming was also.practiced in municipalities.—D. 39.4.—See conductores VECTIGALIUM, REDEMPTOR VECTIGALIUM, SOCII, EDICTUM DE PUBLICANIS.

Cagnat, DS 4; De Villa, NDI 10; Stevenson, OCD\ F. Kniep, Societates publicanorum, 1896 ; Μ. Rostowzew, Gesch. der Staatspacht in der röm. Kaiser seit, Philologus, Suppi. 9, 1903 ; O. Hirschfeld, Die kais. Verwaltungsbeamten, 2nd ed., 1905, 81 ; L. Mitteis, Röm. Privatrecht, 1908, 403 ; F. Messina-Vìtrano, Sulla responsabilità dei p., Circolo guiridico (Palermo) 1909; Arangio-Ruiz, 57 Peroszi 1925, 231 ; Lotz, Studien über Steuerverpachtung, SbMünch 1935 ; Reinmuth, CIPhilol 31 (1936) 146; B. Eliachevitch, La personnalité juridique en droit prive rom., 1942, 305; E. Schlechter, Le contrat de société, 1947, 320; Arias Bonet, AHDE 19 (1948-49) 218.

Publicatio bonorum (publicare bona). Confiscation of the property of a person convicted of a crime against the state. The confiscated wealth became the property of the state {res publica). See confiscatio, proscribere bona. Publicatio is also called the act of expropriation for reasons of public utility (see emptio ab invito).—See sectio bonorum.

Humbert and Lécrivain, DS 4; U. Brasiello, Repressione penale, 1937, 112.

Publicatio legis. The making public of a statute. Under the Republic the publication of a statute passed by the competent comitia was not obligatory. The magistrate who proposed a bill could make it public, if he wished, by posting the text in the jorum or on the walls of a temple (proscribere). Some statutes contained clauses concerning their publication. Treaties concluded with other states were engraved on two bronze tablets, one of which was posted on the Capitol in Rome. For the publication of edicts of magistrates (praetors), see album. Senatusconsulta acquired legal force when deposited in the aerarium; public exposition was not compulsory. As for imperial legislation, enactments of general import, binding throughout the whole empire or in a larger part of it (all edicta and decreta of special significance), were sent to the provincial governors who took care of making them public in the cities.—See pp., proponere, PROMULGARE.

Landucci, Atti Ac cad. Padova, 2 (1896) ; G. Rotondi, Leges publicae populi Rom., 1912, 167; F. v. Schwind, Zur Frage der Publikation im row. R., 1940.

Publice. In public, in the public interest, in a public place (in court). Syn. in publico.—See interest ALICUIUS, UTILIS PUBLICE.

Publice venire. To be sold at a public auction. Ant. privatim venire.

Publiciana in rem actio. See actio in rem publiCIANA.

Publicum (publica). Public property (of the Roman people), public treasury (see aerarium). In publico — publice.

Publicus. Connected with, pertinent to, available to, or in the interest of the Roman people. “Public property {bona publica) is what belongs to the Roman people” (D. 50.16.15). The adjective pttblicus is applied to various concepts in contrast to privatus, such as ius, iudicia, res, leges, causa, utilitas, crimina, officium, etc.—See also res publica, delictum, LOCUS PUBLICUS, INTERDICTA DE LOCIS PUBLICIS, AGER PUBLICUS, ITER, VIA, MUNERA, MONUMENTA, VIS, ABOLITIO, SERVI PUBLICI, PASCUUM, NEGOTIA PRIVATA, OPERA PUBLICA, USUS, DISCIPLINA, SACRA, SUMPTU PUBLICO.

Kaser, SDHI 17 (1951) 274.

Pudicitia. Chastity, a crime against chastity. The lex iulia de adulteriis is also called de pudicitia. Pudicitia adtemptata = at| offense against the reputation of an honest woman committed in public (on a street) by pursuing her constantly or making indecent proposals. It was considered an iniurta and persecuted accordingly.

Puella. See puer.

Puer. Used in various senses: {a) a slave. Some names of slaves were combined with puer, as, e.g., Marcipor = Marci puer; {b) a boy, ant. puella ( = a girl) ; (c) syn. for puerilis aetas, pueritia = youth. The term puer is not technical and does not indicate a specific age.

Pueritia. See puer. In D. 3.1.1.3 pueritia is used of the age of persons under seventeen. They were excluded from acting in court.

Pugnus. A fist. Pugno percutere = striking a person with the fist. Such an action was considered a corporal injury {iniuria) ; it was not. however, an out-

rage to the master of a slave when the latter was struck by a third person, although generally an injury to a slave was treated as an outrage to the master himself.—See iniuria.

Pulsare. To strike a person. That is the typical case of iniuria, as in the lex cornelia de iniuriis.—See INIURIA.

Pulsari actione (lite). To be persecuted by an action in court, both in civil and criminal cases; the term is used only in the language of the imperial chancery.

Punire. To punish. Punire is mentioned as one of the tasks and forces of the laws (statutes, see lex). The term refers to all kinds of punishment (capital, corporal, and pecuniary) imposed on wrongdoers for crimes and delictual offenses, public and private.— See CAPITE PUNIRI.

Punitio. Syn. POENA.

Pupillaris. Concerning, or belonging to, a ward (pupillus) under guardianship (tutela).—See res pupillares, TESTAMENTUM PUPILLARE, SUBSTITUTIO PUPILLARIS, USURAE PUPILLARES.

Pupillus (pupilla). “One below the age of puberty (impubes) who ceased to be under the power of his father by the latter’s death or through emancipation” (D. 50.16.239 pr.). An impubes who became sui iuris was under guardianship (tutela impuberum). In a broader sense pupillus is used of all who are below the age of puberty, hence aetas pupillaris = the age below puberty. A pupillus could not alienate property or assume an obligation without the consent of his guardian (auctoritas tutoris). The opinions of the jurists were divergent as to whether a pupillus could acquire possession; some required the guardian’s cooperation. Justinian declared the acquisition valid when the pupillus was beyond the age of infancy. In Justinian’s Law, the property of a pupillus was not accessible to usucaption.—D. 26.8; 27.2; C. 5.49; 50.—See tutela impuberum, impubes, FILIUS FAMILIAS, OBLIGATIO NATURALIS, INFANTIA.

Solazzi, BIDR 22-25 (1910-1912) ; Suman, L’obbligazione naturale dei pupillo, FU 1914; De Villa, StSas 18 (1940) 13.

Purgatio morae. See mora.

Purpura. Purple. In the later Empire the private fabrication of purple materials and garments was prohibited, the production being reserved as a monopoly of the state. Likewise, wearing purple cloths (holovera vestimenta) and even possession were prohibited.—See TOGA PURPUREA, ADORATIO PURPURAE.

Purus. Free from charges, unconditional (ant. condicionalis, sub condicione, see condicio), not limited by a fixed date (sine die, ant. in diem, ex die, see dies). A similar distinction exists between the adverbs pure and condicionaliter.—See stipulatio pure facta.

Puta. See utputa.

Putare. To believe, to think. The term is also used of persons who erroneously assume something to exist which is not true, e.g., that one is an heir or a guardian (se heredem, tutorem esse, see usucapio pro herede, falsus tutor), and act accordingly. Opinions of jurists are introduced in juristic writings with putare, e.g., ego puto, X putat.

Puteolanus. An unknown Roman jurist, cited once by Ulpian, author of a work Libri adsessioriorum.—See ADSESSORIUM.

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Source: Berger Adolf. Encyclopedic Dictionary of Roman Law. Philadelphia: The American philosophical Society,1953. — 479 p.. 1953

Roman Law Terms with Letters P

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