Roman Law Terms with Letters Q

Qua de re agitur. A clause in the procedural formula by which the object of the controversy, already de­fined in the foregoing part of the formula, was pointed out once more for better identification (= “that which is the object of the trial”).—See formula.

H. Kruger, ZSS 29 (1908) 378.

Quadragesima litium. A tax amounting to one- fortieth of the value of the object of litigation (2y₂ per cent) imposed in civil trials. It was in force for only a brief period in the first century after Christ.

R. Cagnat, Etude hist, sur les impots indirects chez les Romains, 1882, 235; Bonelli, StDocSD 21 (1900) 323.

Quadriga. A team of four horses regarded as a unit. Killing one horse is considered a destruction of the whole, and, according to the lex aquilia, the wrong­doer is liable for the value of all four.

Quadrupes. A four-footed animal.—Inst. 4.9; D. 9.1. —See ANIMAL, ACTIO DE PAUPERIE, LEX AQUILIA.

Quadruplatores. Informers (see delatorfs) who re­ceived one-fourth of the property seized from culprits denounced by them, in case of condemnation. Quad­ruplatores also were the accusers of persons who if convicted had to pay a four-fold penalty (such as gamblers, aleatores, and usurers).

Quaerere. In the sense of to acquire, to obtain, to earn, syn. with adquirere. Quaerere in the sense of to investigate, to inquire, to search after, is used in both civil and criminal matters. Syn. inquirere.

Quaerere liberos, procreare.—See liberorum quae­rendorum CAUSA.

Quaeritur (quaesitum est). The jurists used these locutions to introduce doubtful cases in which “a question arises” (“it has been questioned”) about the legal solution of the situation presented. The terms occur not only in collections of so-called quaestiones, but also in other writings of the casuistic type. Simi­lar phrases were: quaestio (quaestionis) est, quaestio in eo consistit ( = the question consists in that).

Quaesitor. An investigator in a criminal matter.—See TORTOR.

Quaestio. As a form of criminal proceedings, see QUAESTIONES PERPETUAE.

Quaestio de maiestate. A Sullan statute, lex Cor­nelia de maiestate (81 B.c.), established a perma­nent court for criminal offenses qualified as crimen MAIESTATIS.

Cramer, Sent 10 (1952) 3.

Quaestio Domitiana. A case presented to the jurist Celsus by a certain Domitius Labeo who inquired

whether a person who wrote a testament for another might be a witness thereto (D. 28.1.27). The case became famous because of the rude answer of the jurist who called the query “very stupid and ridicu­lous.” The name Quaestio Domitiana was coined in the literature.—See scriptor testamenti, testis ad TESTAMENTUM ADHIBITUS.

C. Appleton, Mèi Girard 2 (1912) 1; Kretschmar, ZSS 57 (1937) 52.

Quaestio facti. See res facti.

Quaestio per tormenta. Inquiry under torture. Slaves were interrogated in criminal trials under torture until they confessed to the crime of which they were accused, in particular when their masters were the accusers. Citizens could not be tortured except those of the lower classes (humiliores).—See TORMENTA.

Lecrivain, DS 4.

Quaestio status. An examination (investigation) con­cerning the personal status of a person (citizenship, liberty).—See STATUS, ACTIONES PRAEIUDICIALES, LIBERTINITAS.

Quaestionarius. (Syn. a quaestionibus.) A military official attached to a military court for criminal mat­ters.

Cagnat, DS 4.

Quaestiones. (As a type of juristic writing.) Col­lections of cases, true or fictitious, discussed by the jurists. Many of the cases might originate in the jurists’ discussions in the classroom with their pupils. Other material for the Quaestiones came from cases with which the jurists dealt in their capacity as respondents (responsa). Quaestiones which arose from real discussions are identified by the introduc­tory term quaeritur, quaesitum est ( = it is [has been] asked).

Riccobono, NDI 10; Berger, RE 10, 1173.

Quaestiones perpetuae. Permanent criminal courts, composed of persons of senatorial and (later) eques­trian rank. The first quaestio was established by the LEX CALPURNIA (149 B.C.) tO try extortions (see repetundae) committed by provincial governors. Later statutes introduced additional tribunals for other crimes: treason (maiestas), sacrilege (sacri­legium), embezzlement (peculatus), forgery of wills, documents, coins, weights, etc. (falsum), bribery and other corrupt practices at elections (am­bitus), and the like. The courts consisted of thirty or more jurors and were normally presided over by a praetor. For the personal qualifications of the jurors (iudices) and the proceedings before the quaestiones, see lex sem pronia iudiciaria, lex aurelia, album iudicum, sortitio, REiECTio. Some of the statutes which instituted the quaestiones per­petuae had particular provisions concerning the jurors and the procedure. The trial started with an accu­satio by a citizen. Penalties were fixed in the per­tinent statutes. The judgment of a majority of the jurors was final; there was no appeal. There was, in criminal matters, another kind· of procedure, cog­nitio extra ordinem, in which bureaucratic officials exercised jurisdiction through the whole process from the investigation to the final judgment.—D. 48.18; C. 9.41; 44.—See ampliatio, iudicia publica, lex IULIA IUDICIORUM PUBLICORUM, ORDO IUDIC1ORUM PUBLICORUM.

Berger, OCD (s.v. quaestio); Belloni, NDI 10; A. H. J. Greenidge, The legal procedure of Cicero's time, 1901, 415; H. F. Hitzig, Die Herkunft des Schwurgerichts im rom. Strafprosess, 1909; Fraccaro, RendLomb 52 (1919) 344; Lengle, ZSS 53 (1933) 275.

Quaestores. The quaestorship was established at the beginning of the Republic although certain sources place its origin in the period of kingship. Originally two quaestores were assistants of the consuls and were appointed by them; later they were elected by the comitia tributa. The activity of the quaestores was concentrated on the financial affairs of the state. During the Republican period their number con­stantly increased and reached twenty under Augustus (from 45 b.c. there were forty). The large number is to be explained by the fact that several quaestores accompanied the army commanders on expeditions to administer the finances of the military units. The quaestores also managed the finances of the provinces. Those quaestores who remained in Rome (quaestores urbani) supervised the treasury and the financial ad­ministration of the state; see quaestores aerarii. The quaestorship was the initial office in the magis­terial career. Under the Republic the quaestores had no imperium, no lictors, no sella curulis, but from the time of Sulla they were eligible to a seat in the Senate. In the later Empire the quaestores functioned as city officials with less important functions; their principal task was to organize public games.—D. 1.13; C. 1.30; 12.6.—See iurare in leges, lex CORNELIA DE VIGINTI QUAESTORIBUS and the following items.

Kubler, RE 14, 406; Lecrivain, DS 4; Anon., NDI 10; Stevenson, OCD; Latte, TAmPhilolAs 67 (1936) 24.

Quaestores aerarii. Two quaestores in Rome charged with the supervision of the treasury; see aerarium, with all its extended tasks. They made agreements with contractors for the construction of public works (opera publica) and with the tax-farmers (publi­cani) ; they executed payments requested by other high magistrates (primarily the consuls). Under the Principate the activity of the quaestores suffered con­siderable restrictions because of the interference of imperial officials, but the nature of the office remained unchanged.

De Ruggiero, DE 1, 204.

Quaestores aquarii. Quaestors entrusted with the supervision of the aqueducts.

Quaestores candidati principis. Two quaestors ap­pointed on the proposal of the emperor {candidati principis) to act as his private secretaries. They read the addresses of the emperor in the senate.

Quaestores militares. Quaestors assigned to generals in the field for the administration of the legions.— See MANUBIAE.

Quaestores municipales. The quaestorship was also a municipal office in some municipia, charged with the financial administration.

Quaestores Ostienses. One quaestor was obliged to live in Ostia, the port of Rome, in order to supervise the grain supply for the capital.

Quaestores parricidii. Mentioned in the Twelve Tables. Possibly they had already been instituted in the regal period for the prosecution of the crime of PARRICIDIUM.

Quaestores pro praetore. Either governors of small provinces or officials assigned to provincial governors (proconsuls) as their assistants and substitutes.— See the following item.

Quaestores provinciales. Only in senatorial prov­inces ; see provinciae senatus. They had the rank of propraetors and a limited jurisdiction correspond­ing to that of aediles curules in Rome. They super­vised the financial administration of the provinces. Small provinces had quaestors for governors, but generally the provincial quaestors assisted the gov­ernors and acted in their place when one died or left the province.

Quaestores sacri palatii. The quaestor sacri palatii was one of the highest civil functionaries in the later Empire, concerned with the preparation of enactments and legal decisions to be issued by the emperor. He was the principal legal adviser of the emperor and he was therefore chosen from among persons with con­siderable legal training.

Quaestores urbani. Quaestors acting in Rome as quaestores aerarii. Ant. quaestores municipales and quaestores provinciales.

Quaestores urbis. The office of a quaestor urbis was created by Justinian for the control of foreigners, beggars, and other suspected elements in Constanti­nople.

Quaestorius. (Adj.) Connected with, or pertinent to, the office of a quaestor.

Quaestorius. (Noun.) A former quaestor.—See ad- lectio.

Quaestuaria mulier (mulier quae corpore quaestum facit). A prostitute.—See meretrix.

Quaestura. The office, the rank, of a quaestor. In the later Empire — the office of the quaestor sacri PALATII.

Quaestus. A profit, a gain. With regard to the con­tract of partnership (societas) the term is defined as the profit which is derived from a partner’s work (industry).-------------- See LUCRUM, QUAESTUARIA MULIER.

Quamvis. See licet.

Quanti ea res est. What is the value of the thing.

This clause, connected with the object of a pending civil trial, occurred in the part of the procedural formula called condemnatio. It referred to the evaluation of the object of the controversy. In certain formulae the clause referred to the past {quanti ea res fuit), i.e., to the time when the wrong was committed (e.g., in actio furti or actio legis Aquiliae), in others to the present {est), i.e., to the time of the litis contestatio (which was the normal case), or to the future {quanti et res erit), i.e., when the evaluation was to be made at the time of the judgment.

Steinweqter, RE 9, 1707; M. Kaser, Quanti ea res est, 1935; P. Voci, Risarcimento del danno, 1938, 16.

Quanti minoris. See actio quanti minoris.—D. 21.1. Quarta pars. One-fourth of the whole. One-fourth {quarta) of an estate {hereditatis) refers to the so- called quarta Falcidia (see lex falcidia) unless an­other meaning, a simple fourth part of the inheritance, is evident.

Quarta Afiniana. See senatusconsultum afinia- NUM.

Quarta Antonina. See quarta divi pii.

Quarta debitae portionis. See querela inofficiosi TESTAMENTI.

Quarta Divi Pii. (Called in literature quarta Anto­nina.) A person below puberty (see impubes) who had been adopted (see adoptio), had the right to a fourth part of the inheritance of his adrogator, after being emancipated without just reason or unjustly disinherited by the latter. This rule has been set by an enactment of Antonius Pius.

Beseler, Subsiciva, 1931, 2; David, ZSS 51 (1931) 528.

Quarta Falcidia. See lex falcidia.

Quarta legitimae partis. See pars legitima.

Quarta Pegasiana. See senatusconsultum pegasia- NUM.

Lemercier, RHD 14 (1935) 646.

Quarta Trebelliana. The term used in the literature for the quarter of an inheritance analogous to the Quarta Pegasiana after the reform of the law of fideicommissa by Justinian on the basis of the Senatusconsultum Trebellianum.—See fideicommissum, senatuscon­sultum PEGASIANUM.

Quasi. As if, as it were. The word is often used by classical jurists when applying recognized institutions or rules to similar relations and situations (analogy). This type of adaptation is accomplished by such phrases as: perinde (pro eo) est quasi (ac si), and the like. Such locutions allude at times to situations in which an actio ficticia (see actiones ficticiae) might be given, since the situation was dealt with “as if.” On the other hand, however, it cannot be denied that quasi is one of those elastic expressions which fit into the mentality of the Byzantine jurists. The adverb occurs frequently in Justinian’s consti­tutions and is therefore suspect in many texts. But its presence cannot be considered a decisive criterion of interpolation.—See lex aquilia, actio quasi INSTITORIA, PECULIUM QUASI CASTRENSE.

Guarneri-Citati, Indice² (1927) 73; idem, St Riccobono 1 (1936) 735; Berger, ZSS 36 (1915) 186, 212, 220; Ricco­bono, Scr Ferrini (Univ. Pavia) 1946, 54.

Quasi contractus—quasi delictum. These terms, often used in modern literature, are not Roman. The Roman jurists speak of quasi ex contractu (quasi ex delicto) nascitur obligatio, debere, teneri, obligari, which means an obligation arises, to be obligated, to owe “as if from a contract (as if from a delict).” In these locutions quasi is to be connected with the verb, and not with contractus or delictum (maleficium). The Roman idea was that from certain situations or doings obligations arise analogous to those which originate from contracts or wrongdoings; the jurists did not create a category of “almost contracts” or “almost wrongdoings.”

Vizioz, La notion de quasi-contrat, These Bordeaux, 1912; Radin, Virginia Law Rev. 23 (1937) 241.

Quasi possessio. See possessio iuris.

Riccobono, ZSS 34 (1913) 251; De Sarlo, StCagl 29 (1942) 155.

Quasi ususfructus. An exceptional form of a usu­fruct of things which are consumed in use. Such things were generally not susceptible of ususfructus. The usufructuary is bound to return the same quan­tity of things of the same quality. The term quasi ususfructus was coined in Justinian law. If a usufruct of a complex of things was bequeathed and among them were consumable things (res quae usu consu­muntur), the usufruct was valid, according to a decree of the senate under Tiberius on the condition that security was given to the heir to the effect that the same quantity of goods would be returned after expiration of the usufruct.—D. 7.5.—See ususfruc­tus.

Beauchet and Collinet, DS 5, 613; Pampaloni, BIDR 19 (1907) 95; P. Bonfante, Corso 3 (1933) 86; Grosso, BIDR 43 (1935) 237.

Quattuorviri aediles (or quattuorviri iuri dicundo). A board of four officials in Italian and provincial cities in colonies and municipalities appointed for ad­ministrative and judicial functions.—See duoviri iuri DICUNDO.

Del Prete, NDI 10; Rudolph, Stadt und Staat im röm. Italien, 1935, 87; E. Manni, Per la storia dei municipii, 1947, 171; Degrassi, Atti Lincei, Ser. 8, Vol. 2 (1950), 281; Vittinghoff, Römische Kolonisation und Bürgerrechts­politik, Abh. Akad. Wtss. Mains 1951, no. 14, passim.

Quattuorviri praefecti Capuam, Cumas. See viginti- SEXVIRI.

Quattuorviri viis purgandis. See vigintisexviri.

Querela inofficiosae donationis (dotis). A complaint made by an heir entitled to a legitimate share of the estate (see PARS LEGITIMA, QUERELA INOFFICIOSI TES­TAMENTI), asking the rescission of an excessive donation which the testator made when still alive with the purpose of diminishing the heir’s legitimate share. See inofficiosus. The action for restitution of the gift was permissible against the donee and his heirs provided it was brought within five years. An analogous remedy was the querela inofficiosae dotis when the estate was diminished to the disadvantage of such an heir by an excessive dowry constituted by the testator.—C. 3.29; 30.

Donatuti, St Riccobono 3 (1936) 427; H. Krüger, ZSS 60 (1940) 83.

Querela inofficiosae dotis. See the foregoing item.

Querela inofficiosi testamenti. A complaint of an heir who would be legitimate in intestacy but who was omitted (see praeterire) or unjustly disin­herited in the testator’s will (see exheredatio). The complaint was based on the ground that the testament was inofficiosum (— contra officium pieta­tis, see inofficiosus), the testator having disregarded his natural duties towards his nearest relatives. If the plaintiff succeeded in his querela, the whole testa­ment was declared null (testamentum rescissum) since it was assumed that the testator was not mentally sound when he made his will (see color insaniae), and a succession in intestacy took place. The querela inofficiosi testamenti could be brought by the de­scendants of the testator, or, when there were none, by ascendants ; and later ( from the time of Constan­tine) by consanguineous brothers and sisters in the absence of descendants and ascendants. The querela was excluded when the heir received through the testator’s disposition (a legacy or a donatio mortis causa) one-fourth of what he would have received as his share in intestacy (quarta legitimae partis). If the testator left less than a quarter of the legitima pars to the heir entitled to it, the latter had the right to sue for the completion of the pars legitima. Under this action he obtained what was missing up to the legitimate share (actio ad supplendam legitimam which probably was available from the fourth century after Christ). Justinian reformed thoroughly the querela and the action mentioned to the benefit of the heirs.—Inst. 2.18; D. 5.2; C. 3.28; Nov. 115.— See CENTUMVIRI, SEPTEMVIRALE JUDICIUM, PARS LE­GITIMA, BONORUM POSSESSIO CONTRA TABULAS, PER­SONA TURPIS, TESTAMENTUM MILITIS.

Düll, RE 17, 1062 (s.v. Noterbrecht) ; De Crescenzio, NDI 10, 1032; C. Chabrun, Essai sur la q. i. t., Thèse Paris, 1906; Brugi, Mèi Fitting 1 (1907) 113; Jobbé-Duval, ibid. 437; idem, Mèi Gèrardin 1907, 355; idem, NRHD 31 (1907) 755; Naber, Mn 34 (1906) 365, 40 (1912) 397; A. Suman, Saggi romanistici, 1919, 3; G. La Pira, Suc-

ccssione testamentaria intestata, 1930, 412; F. v. Woess, Das rom. Erbrccht und die Erbanwiirtcr, 1930, 207; E. Racz, Les restrictions a la liberte de tester en dr. rom., These Neufchatel, 1934; Donatuti, St Riccobono 3 (1936) 427; H. Kriiger, ZSS 57 (1937) 94; idem, Fschr Ko- schaker 2 (1939) 256; idem, BIDR M (1940) 63; Lavaggi, SDHI 5 (1939) 76; Nardi, ibid. 450; E. Renier, Etude sur I’hist. de la q. i. t., Liege, 1942; Siber, ZSS 65 (1947) 25.

Querela non numeratae pecuniae. The complaint of a debtor who had issued a promissory note in ad­vance and then did not receive the money which he had acknowledged to owe. Through the querela he might obtain the annulment of the note, if he sued within a certain time (in Justinian law within two years). The querela is a counter-part to the ex­CEPTIO NON NUMERATAE PECUNIAE with which the defendant could oppose the plaintiff when the latter sued for payment.—C. 4.30.

Collinet, Atti del IV. Congr. Intern, di Papirologia, 1936, 89; Kreller, St Riccobono 2 (1936) 285; H. Kruger, ZSS 58 (1938) 1; Archi, Scr Ferrini (Univ. Pavia) 1946, 702; Lemosse, St Solari 1948, 470.

Querella. See querela.

Queri. To complain, to make a charge about a person to a magistrate (for instance, when a slave complains about bad treatment by his master, a patron about his freedman, or a ward or his relatives about a guard­ian). Queri is also used of all kinds of querelae (see the foregoing items) and of a complaint against an order of a magistrate.

Querimonia. A complaint made to a public official; an appeal from the assignment of a public service (see munera). The term is used by the imperial chan­cery.

Quid enim (tampn) si? What, however, if? This rhetorical question occurs often in juristic works as an introduction to a case slightly different from the case discussed immediately before. Some of these, and similar, rhetorical questions may be of later origin (interpolations) but certainly not all of them.

Guarneri-Citati, Indice² (1927) 33, 75; G. Beseler, Beitrage zur Kritik 1 (1910) 61; Berger, KrVj 14 (1912) 434; Am­brosino, RISG 1940, 18.

Quidem. In phrases such as si quidem... si vero (sin autem, quod si), this occurs in juristic writings when two different legal situations are taken into consideration: if... ; if, however.... Such jux­tapositions in classical texts are branded with the suspicion of non-classical origin; but they are not fully reliable as criteria of interpolation.

Guarneri-Citati, Indice² (1927) 74.

Quiescere. Actio quiescit — an action which tempo­rarily cannot be brought. In the language of the imperial chancery quiescere frequently means to be­come void, inefficient.

Quilibet ex populo. Any Roman citizen. In the so- called ACTIONES POPULARES and INTERDICTA POPU-

Laria any one of the Roman people might act as a plaintiff.

Quincunces usurae. Five per cent interest per annum (i.e., five-twelfths of usura centesima, 12 per cent). —See USURAE CENTESIMAE.

Quincunx. Five-twelfths of a whole (an as or an in­heritance, hence heres ex quincunce = an heir who receives °f the estate).

Quindecimviri sacris faciundis. See duoviri sacris faciundis. They supervised the foreign cults in Rome.

Bloch, DS 2, 428; Rose, OCD; Μ. W. Hoffmann, AmJPhilol 1952.

Quingenarium sacramentum. A sacramentum of 500 asses; quinquagenarium sacramentum ■=■ a sacra­mentum of fifty asses.—See legis actio sacramento.

Quinquaginta decisiones. Fifty constitutions issued by Justinian after the publication of the first Code a.d. 529 but before the start of the work on the Digest, i.e., during 529 and 530. No collection of these constitutions, which seemingly were separately published, is preserved.—See codex iustinianus.

Jörs, RE 4, 2275; Anon., NDI 4, 593; P. Krüger, Fg Bek- ker, Aus rom. und bürgerlichem Recht, 1907; S. Di Marzo, Le Q. D., 1-2 (1899-1900) ; G. Rotondi, Scritti giur. 1 (1922) 227; P. Bonfante, BIDR 32 (1922) 278; Prings- heim, ACDR Roma 1 (1934) 457.

Quinquefascales. Governors of imperial provinces (legati Augusti pro praetore), so-called because they were each assigned five lictors (see lictores).—See LEGATI PROCONSULIS.

Quinquennalis (quinquennalicius). A municipal magistrate appointed for five years; he was also called quinquennalis perpetuus.—See magister col­legii, DUOVIRI QUINQUENNALES.

R. Magoffen, The q., Johns Hopkins Univ. Studies, Balti­more, 1913; Larsen, CIPhilol 1931, 322.

Quinquevirale iudicium. See iudicium quinque­virale.

Quinqueviri. A group of five officials who served as the night police in Rome.

Quinqueviri agris dandis assignandis. See trium­viri COLONIAE DEDUCENDAE.

De Ruggiero, DE 2, 430.

Quirites. The earliest name for the Romans. Accord­ing to an explanation given by Justinian (Inst. 1.2.2), the name originates from Quirinus, a sur­name of Romulus, the legendary founder of Rome. —See IUS QUIRITIUM, DOMINIUM ex IURE QUIRI­TIUM, NUDUM IUS QUIRITIUM.

Severini, NDI 10; Kretschmer·, Glotta 10 (1920) 147. Quivis ex populo. See quilibet ex populo. Quodammodo. To some extent, to a certain degree.

This vague, elastic term is used by the Byzantines with predilection and is not rare in interpolated texts. It is not unknown, however, in the classical language and is applied by the jurist to underscore an analogy. Guarneri-Citati, Indice² (1927) 76.