Roman Law Terms with Letters R

Ramnes. One of the three tribes (see tribus) into which the population of Rome was divided at the time of the foundation of the city. The other two were Titles and Luceres. The names are probably of Etruscan origin.

Rosenberg, RE 1A.

Rapere. See rapina, raptus.

^Rapina. Robbery. Rapina was considered a form of fur turn (theft) committed with the use of violence (vis). Only movables (vi bona rapta) could be the object of rapina. Rapina was a private wrongdoing (delictum), prosecuted only at request of the person injured, under a praetorian, penal action, actio vi bonorum raptorum, which if brought within one year of the time of the robbery, could lead to the condem­nation of the convicted defendant to a four-fold value of the things stolen as a penalty to be paid to the plaintiff. After a year the condemnation was only in simplum (see actiones in simplum). The con­demned robber was branded with infamy.—Inst. 4.2; D. 47.8; C. 9.34.—See interdictum de vi, turba.

Kleinfeller, RE 1A; Lecrivain, DS 5; Brasiello, ND! 10; E. Levy, Konkurrenz der Aktionen 2, 1 (1922) 194.

Raptor. See raptus.

Raptus. The abduction of a woman against the will of her parents. The abductor (raptor) was punished with death from the time of Constantine, under whom raptus became a crimen publicum, and so was the woman (until Justinian) when she had consented. Justinian’s enactment (C. 9.13.1) extended the penal­ties for raptus (death and seizure of property) on raptores of widows and nuns (sanctimoniales).

Eger, RE 1A; Lecrivain, DS 4.

Ratihabitio. (From ratum habere.) Ratification, ap­proval. Ratihabitio occurs when a person on whose behalf another had concluded a transaction or accom­plished a legally important act (e.g., by appearing for him in court and defending his interests) without authorization, approved of what had been done for him.

C. Bertolini, La ratifica degli atti giuridici, 1-2 (1889, 1891) ; G. Bortolucci, R. mandato comparator, 1916; Dona- tuti, AnPcr 36 (1922) ; Arangio-Ruiz, Il mandato, 1949, 197.

Ratio. Reason, a ground, a motive, consideration. Rationem habere alicuius rci = to take into consid­eration. See ratio iuris. Ratio in the writings of the Roman jurists is not a philosophical concept and has no universal value. It is invoked only where it seems opportune for a specific reason. Hence the saying: “It is impossible to give reasons for all that our ancestors laid down” (D. 1.3.20, Julian) and “therefore it should not be inquired into the reasons for what is being ordained (quae.constituuntur), otherwise much that is secure would be undermined” (D. 1.3.21).—Another group of meanings of ratio is connected with rationes = an account book. Thus ratio may indicate an account, a calculation, a com­putation. See expendere (ratio accepti et expensi). —Rationes refer to the complex of financial matters of »the emperor, of a public corporate body or of a private individual, and to its financial management.— See ACTIO DE RATIONIBUS DISTRAHENDIS, A RATIONI­BUS, CODEX RATIONUM DOMESTICARUM, REDDERE RA­TIONES, and the following items.

Lecrivain, DS 4.

Ratio accepti et expensi. See expendere.

Ratio aequitatis. See aequitas.

Ratio Caesaris. Syn. with res privata Caesaris, ratio privata (sc. Caesaris).—See patrimonium caesaris. PROCURATOR REI PRIVATAE.

Ratio castrensis. A part of the administration of the imperial court, particularly concerned with the mili­tary treasury of the emperor and his residences in the provinces.

Rostowzew, DE 3, 106; Lecrivain, DS 4, 812.

Ratio domus Augustae. The management of the financial matters of the imperial palace.—See domus augusta.

Ratio Falcidiae. The deduction (computation) made with regard to a legacy according to the lex fal­cidia.

Ratio (rationes) fisci. The financial administration of the fisc, fiscal funds (property). Syn. rationes im­perii.—See RATIONES.

Ratio iuris. The reasonableness (rationality) of a legal provision, the logic of the law. The Roman jurists stress the ratio iuris as a means of interpretation of the law (ratio suadet, efficit, and the like).

Ratio legis. The reason (ground) of a written law (a statute), the spirit to be drawn from the law itself (not from external elements), the purpose, the motive which inspired the promulgation of a specific law, as, e.g., ratio legis Falcidiae.—See ratio voconiana.

Biondi, NDI 10; Gaudemet, RHD 17 (1938) 141.

Ratio naturalis. See naturalis ratio, ius naturale.

Ratio privata Caesaris (principis). See ratio caeSa­RIS, RES PRIVATA CAESARIS.

Ratio Voconiana. The motives which led to the issu­ance of the Lex Voconia.—See lex voconia.

Kiibler, ZSS 41 (1920) 24.

Ratiocinator. A bookkeeper, an accountant.

Ratiocinia. (In financial administration.) Keeping accounts, concerning the financial management of public institutions, works and buildings (ratiocinia operum publicorum).—C. 8.12; 3.21.

Rationalis. (Noun.) The title rationalis first appears in the third century after Christ for provincial pro­curators and for the head of the fisc. Later, it became more frequent, being used in both the fiscal adminis­tration and that of the res privata of the emperor. Rationalis was substituted for the former magister and procurator (a rationibus) and was afterwards replaced by a comes. Thus the rationalis summae rei (the chief of the fiscal administration) became be­tween a.d. 340 and 345 comes sacrarum largitionum and the rationalis privatae (rei) comes rei privatae. Both these high officials had representatives also called rationales (summarum or rerum privatarum respectively) whose competence embraced the terri­tory of a dioecesis of a provincia.

Liebenam, RE 1A; Lecrivain, DS 4; O. Hirschfeld, Kais. Verwaltungsbeamte² (1905) 34; E. Stein, Gesch. des spat- rom. Reiches 1 (1928) 58.

Rationes. Various branches of the imperial financial administration. Some had local divisions (stationes) at important places. There were rationes metallorum (for mines), rationes operum publicorum (for public buildings and enterprises), rationes bibliothecarum (for libraries), etc. In all these offices, functionaries called rationales fulfilled the tasks of accountants.— See A RATIONIBUS.

Liebenam, RE 1A (s.v. ratio).

Rationes. Account books of a banker.—See argen­tarii, ratio.

Ratum habere. See ratihabitio.—C. 5.74.

Ratus. Legally valid (e.g., ratum testamentum, lega­tum). Ant. irritus.

Raudusculum. A small rod of bronze used during the performance of a mancipatio. The man who held the scale (libripens) handed over the raudusculum to the transferee who touched the scale with it, thereby indicating that he acquired the object mancipated.

Reatus. The state of being accused in a criminal trial. —See REUS, ACCUSATIO, NOMEN RECIPERE, INSCRI­BERE.

Eger, RE 1A.

Recedere. To withdraw, to retreat, to recede. “There is no doubt that with the consent of the persons who assumed reciprocal obligations, one may withdraw from a sale, a lease and other similar obligations pro­vided that everything remained unchanged” (D. 2.14.58).

Receptaculum aquae. See castellum.

Receptator (receptor). One who hides a thief or who receives stolen goods to be concealed. He is subject to the same penalties as the principal wrongdoer. Only hiding near relatives was punished more mildly. A man who received money or a part of the stolen things and dismissed the robber when he could have

[TRANS. AMER. PHIL. SOC. apprehended him, was himself treated as a receptor.

Eger, RE 1A; Humbert and Lecrivain, DS 4; Saviotti, AG 55 (1895) 353; H. Balougditch, Complicite en droit rom., These Montpellier, 1920, 83.

Recepticia actio. See receptum argentarii. Recepticia dos. See dos recepticia.

Recepticius servus. A term known only in literary (non juristic) sources and already a subject of con­troversy among the ancient grammarians. It prob­ably indicated a slave who was returned to the seller because of physical or mental defects.—See redhi­bitio.

De Senarclens, TR 12 (1933) 390; Kornhardt, ZSS 58 (1938) 162; Solazzi, SDH I 5 (1939) 222.

Receptor. See RECEPTATOR.

Receptum. The term covers different transactions (see the following items) which have in common the sole point that they originated in so-called praetorian pacts (see pactum praetorium) recognized by, and en­forceable under, praetorian law. It is likely that the pertinent obligations were assumed by the use of the word recipio (= “I accept”).

Klingmuller, RE 1A; Partsch, ZSS 29 (1908) 403.

Receptum arbitrii. An agreement by which a person elected as arbitrator by the common consent of the parties involved in a dispute assumed the duty to settle their controversy by an arbitration (arbitrium). —D. 4.8; C. 2.55.—See arbiter ex compromisso, COMPROMISSUM.

Wenger, RE 1A; Lecrivain, DS 4; Frezza, NDI 11.

Receptum argentarii. A formless promise to pay an­other’s debt (see CONSTITUTUM debiti alieni) by which a banker (argentarius) assumed the obligation to pay a client’s debt at a fixed date. The action against the banker to enforce payment = actio recep­ticia. Justinian abolished the action, primarily for the reason that under it the banker was liable even when the original obligation was not valid. In Jus­tinian’s law the receptum argentarii was subjected to the general (reformed) rules concerning the consti­tutum debiti alieni.

Wenger, RE 1A; Frezza, NDI 11; Partsch, ZSS 29 (1908) 412; Platon, RHD 33 (1909) 157, 289; De Domi­nicis, APad 49 (1933); G.

Receptum est. See obtinuit, usus.

Receptum nautae (cauponis, stabularii). An agree­ment by which a shipowner (the keeper of an inn or of a stable) assumed goods for transportation or custody, with the addition of a specific proviso salvum fore (recipere), i.e., that the things confided them will be safe. The responsibility of such persons was greater than in a simple locatio conductio. They were not liable for vis maior (shipwreck or a major assault of robbers which could not be resisted) but they had to make good damages or destruction, caused by themselves or their personnel and they were answerable if the goods were stolen. Inn-keepers were even responsible for any persons living per­manently in their inns. The extended responsibility of those persons was established in the praetorian Edict with the justification that the “dishonesty (im­probitas) of this kind of persons” required such measures (D. 9.4.3.1).

Klingmùller, RE 1A; Humbert and LĂ©crivain, DS 4; Severini, NDI; L. Lusignani, Responsabilità per custodia, 1 (1902); Schulz, GrZ 38 (1911) 41; H. Vincent, Res recepta, Thèse Montpellier, 1920; P. Huvelin, Ét d’hist, du droit commercial rom., 1929, 138; Partsch, ZSS 29 (1928) 403; Bonolis, Scritti Zorli, 1929, 477; De Domini­cis, APad 49 (1933) ; Carrelli, RDNav 4 (1928) 323; De Martino, ibid. 201; De Robertis, AnBari 12 (1952).

Recidere. To come back, to return into a former legal situation, e.g., to the same paternal power (in potes­tatem) under which one had been previously. Re­cidere sometimes has the sense of cadere, e.g., when said of an inheritance = to come, to accrue to a person, to fall to a person’s share.

Reciperatio (recuperatio). A treaty between Rome and another state under which reciprocal protection of the citizens of one state in the territory of the other was established, in particular in case of litigation for the recovery of property. The judges in the perti­nent procedure were the reciperatores (recuperatores) who later might also function as judges in trials be­tween Roman citizens.—See recuperatores.

Wenger, RE 1A; LĂ©crivain, DS 4; Severini, NDI 11.

Recipere. To receive (e.g., an inheritance), to receive back what one has given, lent, or lost. Recipere means also to assume an obligation for oneself or for another (as a surety, see receptum argentarii). When syn. with excipere, recipere = to reserve a certain right or advantage for oneself on the occasion of the transfer of property (e.g., an easement, a usufruct).

Wenger, RE 1A; De Robertis, AnBari 12 (1952) 15.

Recipere arbitrium. To assume the function of an arbitrator.—See receptum arbitrii.

Recipere nomen. See accusatio. Recipere usu. See usureceptio.

Recitare (recitatio). To recite, to read out in court (a written testimony of an absent witness, any docu­ment), in the senate (an oratio principis) or in public (a proclamation of a magistrate). Recitatio sen­tentiae = the reading by the judge of the final judg­ment in a trial. In postclassical proceedings the judge had to read it from a written draft.

Recitatio testamenti. See apertura testamenti. Recludere. To shut up (in carcere = in a prison). Recognoscere. (With regard to written documents.) To examine the authenticity, to control the exactness, of a copy by comparison with the original. The clause confirming the fact that a copy was made in an office and its exactness verified was : descriptum et recognitum factum (D. 10.2.5; 29.3.7). Recogno­scere was also used to indicate that the written text of a document agreed with the dictated text. The acknowledgment of the authenticity of a seal on a document — recognoscere signum (see signum). Recognovi = I have verified.

Mommsen, Jur. Schriften 2 (1905 ex 1892) 179; F. Prei- sigke, Die Inschrift von Skaptoparene (Schriften der wis- sensch. Gesellschaft in Strassburg 30, 1917) 26.

Reconciliare matrimonium. See redintegrare.

Reconductio. The renewal of a lease (locationem renovare). A tacit reconductio is assumed when the tenant holds the thing (immovable) rented after the expiration of the first lease. Securities given for the original lease remain pledged for the following one.

Recte (rectius, rectissime). With these terms the jurists used to express their approval of other jurists’ opinions ( = correctly, rightly). Sometimes Justinian and his compilers manifested their approval of earlier legal norms in the same way.—Recte, when referring to the performance of a legal act, indicates that it was accomplished in conformity with the law being in force, in particular, that the prescribed solemn forms were observed.

Guarneri-Citati, Indice* (1927) 77; Riccobono, ZSS 34 (1913) 224.

Rector provinciae. The governor of a province. The title is not used in juristic writings but is frequent in later imperial constitutions.—C. 1.40.

Recuperatio. See reciperatio.

Recuperatores. A court composed of at least three judges for civil trials in various matters (actio iniuria- rum, quaestiones status), acting under a somewhat accelerated procedure. Originally established in in­ternational treaties, the court later became competent in disputes between Romans and peregrines and be­tween Roman parties alone. The procedure was per formulas (see formula) and the recuperatores were private jurors acting as iudices in the second stage of the trial (see in iure). Apparently there was no precise delimitation of their competence ; according to a prevailing opinion the parties to the trial had the right of choice whether to put their dispute before recuperatores or before a single judge (unus iudex). Recuperatores also appears in post-interdictal trials. In postclassical law there is no trace of recuperatores. No mention of them occurs in Justinian’s legislation. —See ORATIO CLAUDII, VADIMONIUM RECUPERATORI­BUS SUPPOSITIS.

P. F. Girard, Mèi 2 (1923) 391; Wenger, RE IA, 418; Bozza, DE 4, 159; Poggi, Riv. ital. di dir. internazionale privato 2 (1932) 525; Wlassak, Judikationsbefehl, SbWien 197, 4 (1921) 51, 131; M. Nicolau, Causa liberalis, 1933, 52; M. Lemosse, Cognitio, 1944, 175; Y. Bongert, in Paria. Ét. de dr. rom., Paris, 1952.

Recuperatorium iudicium. A trial before the court Of RECUPERATORES.

Reddere. “Although the term reddere means to give back (to return), it has, however, in itself the mean­ing of giving” (D. 50.16.94). Reddere = to pay back a loan or whatever one owes to another; in a broader sense = dare.

Reddere actionem (indicium). When referring to the judicial activity of a magistrate, syn. with dare actionem.

Reddere interdictum. To issue an interdict.—See INTERDICTUM.

Reddere iudicium. See dare actionem.

Reddere ius. Indicates the jurisdictional activity of the praetor.

Reddere pignus. To return the pledge to the debtor when the debt was paid. Syn. restituere with regard to FIDUCIA.

Kreller, ZSS 62 (1942) 170.

Reddere rationes (rationem). To render an account of management of another’s affairs, and to pay the remainder to the person entitled to it. It was custo­mary to free a slave in a testament under the con­dition “si rationes reddiderit” (= if he paid what remained over from the administration of the master’s business to the latter’s heir).

Redemptor. (With references to taxes.) A tax­farmer {redemptor vectigalium). Syn. conductor vectigalium, manceps, publicanus.

Redemptor litium (causarum). One who buys credi­tors’ claims against third persons. Transactions of this kind were made in the form of cessio, chiefly by speculators who acquired the claims at a low price in order to sue later the debtors for the whole. The lex anastasiana (a.d. 506) made such speculative activity unprofitable.

Severini, NDI 11.

Redemptor operis. A contractor. Syn. conductor Operis.—See LOCATIO CONDUCTIO OPERIS FACIENDI.

Humbert, DS 4.

Redemptor vectigalium. See redemptor.

Redemptus ab hoste. A prisoner of war who was redeemed from the enemy by a ransomer. The re­deemed prisoner was bound to repay the ransom and the ransomer had a lien on him until the debt was discharged by payment or by services. During this time the redemptus had no ius postliminii (see post­liminium). In postclassical law the period of service to the ransomer was limited to five years. If a slave was redeemed from the enemy not by his master, the latter might regain him by repayment of the amount to the ransomer.—D. 49.15; C. 8.50.— See CAPTIVUS, VINCULUM PIGNORIS.

Pampaloni, BIDR 17 (1905) 125; Albertoni, Riv. di dir. internasionale 17 (1925) 358, 500; Romano, RISG 5 (1930) 3; H. Krüger, ZSS 51 (1930) 203; 52 (1931) 351; W. Felgenträger, Antikes Lösungsrecht, 1933, 95; G. Faiveley, R. a. h., These Paris, 1942; Levy, CIPhilol 38 (1943) 159 (=BIDR 55-56, 1951, Post-Bellum, 70).

Redemptus suis nummis (^c. servus). A slave re­deemed from his master by a third person, a fiduciary, through payment of a sum of money. The money either came from the slave’s peculium or was given to the redeemer by a person who acted in the slave’s interest (for instance, one to whom the slave promised services in the future or repayment of the loan after manumission). The redeemer was obliged to free the slave but only a rescript of Marcus Aurelius and Verus entitled the slave to seek a remedy in court (in a cognitio extra ordinem) for enforcing the manumission (D. 40.1.5 pr.). Syn. emptus suis nummis.

Seuffert, Loskauf von Skiaven mit ihrem Geld, Fschr Univ. Giessen, 1907; W. W. Buckland, Law of slavery, 1908, 636.

Redhibere. See the following item. Pezzana, RISG 88 (1951) 274.

Redhibitio. The restitution of a purchased thing (e.g., a slave) to the seller because of its essential defects, while the seller returned the price to the buyer. Such rescission of a sale was obtained by the buyer under the actio redhibitoria; see emptio. The term redhibitio comes from redhibere — “to have the seller get back what he had before” (D. 21.1.1 pr.).—D. 21.1.

Redigere. To bring a person (e.g., a slave) or a thing back into its former legal situation.

Redigere pecuniam. To obtain money, to gain a pecuniary profit from a transaction.

Redintegrare. To renew (syn. renovare, e.g., a lease), to restore to integrity or to former legal status. Matrimonium redintegratum = a second marriage concluded between persons who had been married to each other and divorced. Syn. reconciliare. Such a marriage abolished a pending actio rerum amotarum of the husband against the wife.

Reditus. Income, proceeds; often syn. with fructus. —Reditus civilis = revenues of the state from taxes, etc.—C. 11.70.

Redundare. To devolve (e.g., a risk, liability, charges, losses) from one person to another.

Referendarius. See regerendarius.

Referre. To enter (in public records, in census lists, in account books). In juristic writings referre is used to introduce a citation or a literal quotation from another jurist’s work {X refert hoc, apud Labeonem relatum est [refertur] Sabinum existi­masse = it is related by Labeo that Sabinus’ opinion was, and the like). Referre is also used when a jurist relates the contents of an imperial rescript or senatusconsult.

Referre. (In judicial matters.) To make a report in postclassical procedure to a higher judge or to the emperor on substantial circumstances of the matter in dispute.—D. 49.1; C. 7.61.

Referre iusiurandum. See iusiurandum necessa­rium.

Refert. It is of importance. Multum {maxime) refert — it is of great (greatest) importance. Ant. nihil {parvi) refert — it does not matter. The locutions are used by the jurists to stress (or exclude) the importance of a factual or legal element in the decision of a case.

Reficere. To restore an injured thing to its former condition. See interdicta de reficiendo. Repair­ing (reficere) a building is considered a kind of aedificare; accordingly, it is exposed to a protesta­tion by a neighbor (see operis novi nuntiatio) in the same way as a new building.

Reficere testamentum. To make a new testament.

Refragari. To be opposed to, to be contrary to, to be a hindrance. The term is applied to legal acts or opinions which are contrary to a law, to ratio iuris, to auctoritas iuris.

Seckel in Heumann’s Handlexikon⁹, 1907, 499; Berger, KrVj 14 (1912) 436; Guarneri-Citati, Indice² (1927) 77. Refuga. A runaway, one who escaped from prison or custody.

Refundere. To repay, to reimburse, to refund (ex­penses, proceeds lost).

Refutatio (refutare). In later civil procedure a written refutation by one party to a trial of the appeal made by the adversary. The refutatio was sent to the emperor’s court, either in an appeal pro­cedure or together with the lower judge’s consultatio (relatio) by which the emperor was requested for an opinion in a specific case; see consultatio. In the latter instance both parties could oppose the judge’s statement by written presentations preces refutatoriae, libelli refutatorii.

Regens exercitum. A military commander. “His duty was not only to order military discipline but also to observe it” (D. 49.16.12 pr.). He was forbidden to use a soldier for his private service or for his ad­vantage (hunting or fishing).

Regens provinciam. See rector provinciae.

Regere fines. To draw the boundaries between two neighboring lands.—See actio finium regundorum.

Regerendarius (referendarius). An auxiliary official in the office of a praefectus praetorio, dux, or other high official in the provinces. In Justinian’s times there were several referendarii palatii — officials of the imperial court charged with tasks of a more confidential nature. Their functions were established in Justinian’s Nov. 10.

Regesta. A collection (register, list) of imperial enact­ments or other official documents of lasting importance (regesta officii). The institution was introduced in the later Empire.

Regia (sc. domus). The king’s house. In historical times regia was the official building in which the pontifex maximus had his office. The pontiffs gath­ered there for their meetings and solemn religious ceremonies.

Rosenberg, RE 1A.

Regia lex. See lex regia.

Regiae leges. See leges regiae.

Regimen morum. The control and supervision of public morals. The regimen morum was a domain of the censors’ activity; see censores. They exer­cised this control when selecting worthy persons for the senate (see lectio senatus) or when exclud­ing from that body those senators whose moral life was blemished (see senatu movere). The censors had to qualify certain persons as unfit for public service by the nota censoria which branded them with ignominy for the current five-year period (lus­trum). Syn. cura morum.

Regio. A territory of an indefinite extent, a locality. —See CONSUETUDO REGIONIS, TRACTUS.

Regiones Italiae. Eleven administrative districts into which Italy was divided probably by Augustus, simul­taneously with the division of Rome into fourteen regions; see regiones urbis Romae. There were no changes in this administrative organization until Constantine.

R. Thomsen, The Italic regions from Augustus to the Lom­bard invasion, Copenhagen, 1947; v. Gerkan, Bonner Jahr­bücher 149 (1949).

Regiones iuridicorum. See iuridici, dioecesis ur­bica.

Regiones urbis Romae. The first division of the city of Rome into four districts (regiones or tribus ur­banae) is attributed to the king Servius Tullius. Augustus divided Rome into fourteen administrative regiones, each under the supervision of a magistrate (praetor, tribune, aedil). Under Hadrian each regio had two curatores urbis Romae who by the end of the second century were called procuratores regionum. In the regional organization established by Augustus, the regiones were subdivided into vici, each of which was under the control of four magistri vicorum (vico- magistri).—See vigiles, regiones italiae.

Graff under, RE 1A, 480; Thedenat, DS 4; Richmond, OCD.

Regius. Either connected with the kings of the period of Roman kingship or with the emperors of the Empire. Similarly regnare (= to reign) refers both to the kings and the emperors.—See lex regia, LEGES REGIAE.

Regnum. Kingship, government by kings. Regnum refers to the earliest period of Rome’s history, from the foundation of Rome (753 b.c.) until the con­stitution of the Republic (the beginning of the sixth century b.c.) See rex. In a broader sense regnum = sovereignty. Regnum refers also to foreign king­doms (regnum alienum).

Fustel de Coulangcs, DS 4, 824; Westrup, Archhrs d'hist, du droit oriental 4 (1949) 85; Coli, SDH I 17 (1951) 2.

Regradare (regradatio). To regrade an official in rank, in particular one in the emperor’s service (domestici) for a longer unjustified absence from office.

Regressus. (From regredi.) A recourse, making use of a legal remedy (a suit), in particular for recovery of damages (e.g., in [or aOther legal rules of classical origin are to be found in the Digest beyond the title 50.17, but some of them were limited in their general application through words like ple- rumque ( = often), interdum (= sometimes), inserted by the compilers.—See canon, norma, definitio, the following items and some legal rules quoted under nemo, etc.

Riccobono, NDI 11; Leonhard, RE 1A; Pringsheim, Fschr Lend 1921, 244; Brugi, St Del Vecchio 1 (1930) 38; Stella-Maranca, Rec Geny 2 (1934) 91; Arangio-Ruiz, La regie de droit dans I’antiquit 6 classique, Egypte Con- temporaine, 1938; Wenger, Canon, SbWien 220, 1 (1942) 47; Riccobono, Scr Ferrini (Univ. Pavia, 1946) 22; G. Nocera, Ius publicum (D.2.14.38), Rome, 1946; Berger, ACIVer 2 (1951) 193 (= Sem 9 [1951] 42).

Regula Catoniana. (Also sententia Catoniana.) A rule concerning legacies. “A legacy which would have been void if the testator died at the time of making the testament, is invalid whenever he shall have died” (D. 34.7.1 pr.). This rule, whose author was one of the two Catones (see cato), was in later classical law not fully valid.—D. 34.7.

Ferrini, NDI 2; 1143; Clerici, AG 77 (1906) 441; G. Borgna, Origine e fondamento della r. C., 1909; Cicala, StSen 31 (1915) 21; J. Lambert, La regie Catonienne, These Lyon, 1925; Appleton, TR 11 (1931-32) 19; B. Biondi, Successione testamentaria, 1943, 416.

Regulae. A type of juristic writing. Under this title collections of rules were written by Neratius, Pom- ponius, Gaius, Scaevola, Marcian, and Modestinus; Ulpian and Paul wrote even two compilations of Regulae. Excerpts from juristic collections of “rules” show, however, a picture different from the title 50.17 of the Digest, De regulis iuris (see regula). The texts in the collections of Regulae are by far not so concisely formulated as generally regulae were. Berger, RE 10, 1174.

Regulae Ulpiani. See ulpianus, tituli ex corpore ULPIANI.

Regulariter. Regularly, normally. Regulariter de­finire = to establish in the form of a ride.

Rei vindicatio. An action which served for the pro­tection of quiritary ownership. Under this action the owner of a thing sued the possessor of his thing for its recovery. The victorious plaintiff regained possession of the object claimed. If the defendant denied the plaintiff’s ownership, the plaintiff had to prove the acquisition of it under the rules of the ius civile from its previous quiritary owner. Such proof might be difficult in certain circumstances and, if so, the plaintiff could avoid it by using another action, actio Publiciana in rem, in which he had only to prove that, before having been deprived of the pos­session of the thing in dispute, he possessed it under conditions which normally led to usucaption (in con­dicione usucapiendi). The defendant, when defeated, had to return the thing cum sua causa (see causa), i.e., with all that the plaintiff would have had if the thing were delivered at the time of the.litis contes­tatio (proceeds, fructus) and was liable for damages done to the thing after the litis contestatio. The liability of the defendant for fructus and damages in the period before litis contestatio depended upon whether he held the thing in good faith (in the belief to be its owner) or in bad faith; see possessor bonae fidei. · If the defendant refused to deliver the thing claimed, the plaintiff could estimate under oath (iuramentum in litem) the value which the actual restitution represented to him (litis aestimatio). The defendant was adjudicated to pay the sum but he retained the thing. Only Justinian admitted an exe­cution on the thing itself, which was performed with the assistance of public officials (manu militari).— D. 6.1; C. 3.32; 7.38.—See actiones in personam, ACTIONES ARBITRARIAE, LEGIS ACTIO SACRAMENTO, EXHIBERE, IUS TOLLENDI, IMPENSAE, QUANTI EA RES EST, LITIS AESTIMATIO, AGERE PER SPONSIONEM, FOR­MULA PETITORIA, LAUDARE AUCTOREM, POSSESSOR FICTUS, DOLO DESINERE POSSIDERE, INTERDICTUM QUEM FUNDUM, DUCI VEL FERRI IUBERE, ADPREHEN- DERE, LITI SE OFFERRE, HEREDITATIS PETITIO, RESTI­TUERE, UNUS CASUS.

Leonhard, RE IA; Beauchet, DS 4; Cuq, DS 5, 902f Sternheim, NDI 11; Berger, OCD (s.w. vindicatio); H. Siber, Passivlegitimation bei der r. v., 1907) ; Last, GrZ 36 (1909) 433; Lenel, GrZ 37 (1910) 515; Maria, £t Girard 2 (1913) 223; Betti, Fil 1915, 321; idem, Rend Lomb 48 (1915) 503; E. Abgarowicz, Essai sur la preuve dans la r. v., These Paris, 1916; Herdlitczka, ZSS 49 (1929) 274; Kaser, ZSS 51 (1931) 92; idem, Restituere ais Prozessgegenstand, 1932; idem, Eigentum und Besitz, 1943 (passim); idem, Das altrom. ius, 1949 (passim) ;

Levy-Bruhl, RHD 11 (1932) 205 (= Quelques problemes, 1934, 95) ; Piill, ZSS 54 (1934) 101; Senn, RHD 15 (1936 ) 401; F. Thormann, Der doppelte Ursprung der mancipatio, 1943, 29.

Rei vindicatio utilis. A rei vindicatio extended to cases lying beyond its normal applicability. Some of these cases were introduced by praetorian jurisdic­tion, some by imperial legislation of a later period. A rei vindicatio utilis was granted, for instance, when the action concerned a thing not identical with that which the owner originally possessed, e.g., a garment that had been made by the defendant from the plain­tiff’s wool, or a picture painted on the plaintiff’s tablet.—See specificatio.

Cuq, DS 5, 904; Mancaleoni, StSas 1 (1900) 11; v. Mayr, ZSS 26 26 (1906) 83; Bortolucci, BIDR 33 (1923) 151; F. Pringsheim, Kauf mit fremdem Geld, 1916, 123.

Reicere. See REIECTIO.

Reiectio civitatis. Giving up Roman citizenship through the acquisition of the citizenship of another state.

Reiectio iudicis. Rejection of a judge. A party to a civil trial had the right to reject a judge who was inacceptable to him for personal reasons. See al­bum iudicum, sortitio. Rejection was also per­mitted in criminal trials in the procedure through quaestiones. It was executed by the accuser and the accused, each having the right to reject the same number. In the year 59 b.c., a Lex Vatinia settled the rules for the rejection procedure.

Liebenam, RE 1A, 514; Steinwenter, RE 9, 2467; Momm­sen, Rom. Strafrecht, 1899, 214; G. Rotondi, Leges publicae populi R., 1912, 391; Sage, AmJPhilol 39 (1918) 367; Gelzer, Hermes 63 (1928) 113.

Reiectio militia. Dismissal from military service as a punishment for a minor military offense. Syn. exauctorare.

Reicere rem. To throw away a thing. Syn. relin­quere, derelinquere.—See derelictio.

Relatio. (From referre.) See referre.

Relatio. In civil procedure of the later Empire, see consultatio.—D. 49.1; C. 7.61.

Lecrivain, DS 4.

Relatio. In the senate (referre ad senatum), a report made by the magistrate, who convoked the senate, to the gathered senators concerning the subject matter which had to be discussed and voted on.

O’Brien-Moore, RE §uppl. 6. 707, 768.

Relatio criminis. The bringing in of a counter­accusation by the accused against the accuser in a criminal trial. Such a manoeuver did not impede the proceedings.

Relatum est. See referre.

Relegare pecuniam. To order one’s banker (argen­tarius) to make a payment from one’s deposit. Syn. delegare ab argentario.

Laum, RE Suppl. 4, 77.

Relegatio. The expulsion of a citizen ordered either by an administrative act of a magistrate or by judg­ment in a criminal trial. In the latter case the relegatio was sometimes combined with additional punishments, such as confiscation of the whole or of a part of the property of the condemned person, loss of Roman citizenship, confinement in a certain place. A milder form of relegatio was the exclusion of the wrongdoer from residence in a specified territory. Illicit return was punished with death penalty.—D. 48.22.—See exilium, deportatio.

Kleinfeller, RE 1A; Berger, OCD', J. L. Strachan David­son, Problems of R. criminal law, 2 (1912) 64; E. Levy, Röm. Kapitalstrafe, 1931, 30; U. Brasiello, Repressione penale, 1937, 279; Zmigryder-Konopka, NRH 18 (1939) 307.

Relegatio dotis. Leaving on the part of the testator the amount of the dowry to the person to whom he had to restore it in the event of a dissolution of his marriage.

Relevare. To relieve a person from his duties, obliga­tions or charges.

Religio. When used with reference to public officials, judges, etc., conscientiousness, scrupulousness in the fulfillment of official duties.

Kobbert, RE 1A; idem, De verborum religio atque religi­osus usu, Königsberg, 1910; W. Fowler, The Latin history of the word r., Transactions of the third intern. Congress for the History of Religion, 2 (Oxford, 1908).

Religiosus. See LOCUS RELIGIOSUS, RES RELIGIOSAE. In the constitutions of the Christian emperors religio­sus (and religiosissimus) is used of ecclesiastical per­sons (bishops) and institutions (churches, ceme­teries).

Relinquere (rem). Syn. derelinquere.—See dere­lictio.

Relinquere. In the law of succession, to leave. Refers either to the person (relinquere heredem = to leave an heir) who after the death of another is his heir (either instituted in his testament or by intestacy), or to an inheritance (relinquere hereditatem), a legacy (relinquere legatum, fideicommissum) or free­dom (relinquere libertatem).

Reliquatio. (From reliquari.) An unpaid remnant of a debt.—See RELIQUUM, RESIDUUM.

Reliquator. A person in arrears who owes a part of his debt. A person who owed the fisc or a munici­pality some money from the management of public matters was excluded from honorific positions until he repaid the rest. This measure did not apply to those who were debtors through private transactions with the fisc or municipalities.

Reliquator vectigalium. A tax-farmer who owed the fisc a part of the rent. He was not admitted to a new lease until he had fully discharged his debt.

Reliquum (reliqua). The balance one owes to a pri­vate person or a public body (tax-arrears).

Relocatio (relocare). A renewal of a lease or a hire (see reconductio). Relocatio operis = hiring an­other to finish a work which the first contractor failed to complete by the day fixed.—See locatio con­ductio.

Remancipatio (remancipare). A retransfer of a thing through mancipatio to the person from whom one acquired it by mancipatio, or to a third person. Remancipatio also was the retransfer of a son through mancipatio to his father from whom the transferor had acquired him through mancipatio and had held him as persona in mancipio (see mancipium).—See EMANCIPATIO, DIVORTIUM, COEMPTIO FIDUCIAE CAUSA. Kaser, ZSS 67 (1950) 492.

Remansor. See emansor.

Remedium. Legal procedural measures introduced by praetorian law, senatusconsulta or imperial legisla­tion, such as actio, interdictum, exceptio, restitutio in integrum, appellatio, etc.

Guarneri-Citati, Indice² (1927) 78.

Remissio. See remittere.

Remissio mercedis. A reduction of the rent, granted to the lessee of a land in the case of a lean crop (sterilitas'). The abatement could be conceded with the condition that it would be made good if next year’s crop was abundant.

Remissio operis novi nuntiationis. See operis novi NUNTIATIO.

Berger, RE 9, 1671; 17, 573; idem, IURA 1 (1950) 106; 117.

Remittere. Sometimes syn. with mittere, permittere. —See the following items, remissio.

Remittere. With reference to wrongdoings and crimi­nal offenses, to forgive, to condone (remittere crimen, dolum, iniuriam).—See remittere poenam.

Remittere actionem. To renounce an action; also to renounce an exception (remittere exceptionem) or a servitude (remittere servitutem).

Remittere causam (cognitionem). To assign, to allot a civil or criminal case to a judicial magistrate (a praetor, a provincial governor, a praejectus) or to transfer a case to the imperial court.

Remittere condicionem. To release a beneficiary of a testament from the necessity of fulfilling a condi­tion imposed in the will.—See condicio turpis, con­dicio lURISIURANDI.

Remittere debitum (obligationem). To release a person from an obligation.

Remittere pignus. To release a pledge (pignus) given to a creditor by the debtor.—C. 8.25.

Remittere poenam (multam). To remit a penalty (a fine).

Remotio suspecti tutoris. See tutor suspectus.

Removere. To remove a senator from the senate (see movere senatu), to remove a guardian from the administration of his ward’s property because of negli­gence or incapacity (see tutor suspectus). Remo­vere officio = to remove a public official from office (propter neglegentiam = because of negligence in ful­fillment of his duties). Removere is also applied to the denial of a right of succession (to an inheritance or legacy). In judicial proceedings removere = to exclude from acting in court (postulatio).

Remunerare. To give a reward to a person for a service gratuitously rendered. To give such a re­ward is a kind of liberality since it is not a fulfillment of a legal duty and not even of an obligatio naturalis, the only motive being to recompense another for a meritorious performance to which he was not obli­gated to do.

P. Timbal, Les donations remuneratoires en dr. rom., 1925. Remuneratio. See remunerare. The noun occurs in later imperial constitutions. Remuneratio sacra = a remuneration (liberality) by* the emperor.

Renovare locationem. See relocatio, reconductio. Syn. locare ex integro.

Renuntiare. To renounce (a right, a privilege, an inheritance or a legacy, a legal remedy such as an action, a querela).—Renuntiare is often syn. with denuntiare.

Renuntiare mandatum. A unilateral withdrawal of a mandatary from the mandate. It was admissible only at a time when the mandator notified of the with­drawal could manage the matter himself or by an­other mandatary.

V. Arangio-Ruiz, Il mandato, 1949, 136.

Renuntiare societatem. See societas.

Solazzi, lura 2 (1951) 152.

Renuntiatio. (In military law.) Treason. A person (a soldier or a civilian) who betrayed to an enemy important military information (renuntiatio consilio­rum) was punished with death (by crematio).—See PRODITOR.

Renuntiatio. (In public law. ) The announcement of the names of the magistrates elected by the comitia. From that moment the magistrate was considered designatus; see magistratus designati.

Klingmuller, RE 1A.

Renuntiatio legis. An official announcement that a statute was decreed by a popular assembly (comitia). After the renuntiatio an intercessio (protestation, veto) was no longer admissible.

Klingmuller, RE 1A.

Reparatio temporum. In late postclassical procedure. A plaintiff who did not appear in court before the end of a four-months’ period after denuntiatio litis lost the case. He could, however, obtain a restoration of the term and permission to appear in court at a later date if his non-appearance was ex­cusable.—C. 7.63.

Renuntiator. See proditor.

Repellere. In civil trials the verb is used of exceptions entered by the defendant against the plaintiff’s claim which, when successful, effected the loss of the case by the plaintiff (see exceptio). When used of a magisterial decision, repellere denotes that a peti­tioner’s claim was denied. Sometimes repellere = renuntiare, repudiare (= to refuse the acceptance of an inheritance or legacy).—See vim vi repellere licet.

Repertorium. See inventarium.

Repetere (repetitio). To claim back, to reclaim what one gave to another (e.g., paying an indebitum). “What one received as his property, cannot be claimed back’’ (D. 12.6.44).—See condictiones.

Repetere accusationem. To renew an accusation against the same person and for the same crime. A renewed accusation by the same accuser occurred when the judicial magistrate concerned with the matter died or retired from office while the trial was still pending. A new accuser could repetere accusationem when the first accuser died or with­drew his accusation. Syn. repetere reum.

Repetere actionem. To sue a second time for the same claim. Such repetition was generally excluded according to the rule bis de eadem re ne sit actio; see bis idem exigere. The defendant could oppose the plaintiff with the exceptio rei iudicatae, when the matter had been decided by a judgment, or the ex­ceptio rei in iudicium deductae, when the action under which the claim was brought to court, had been conducted until litis contestatio. Only when the first trial was interrupted before litis contestatio, a repetere actionem was admissible.

Repetere reum. See repetere accusationem.

Repetita die. To refer a claim to a former date, to antedate, to compute according to an earlier date.

Repetita praelectio. See editio secunda. Repetitio. See repetere.

Repetitio rerum. In international relations. The for­mal declaration of war by the fetiales had to be pre­ceded by repetitio rerum, i.e., a demand for redress of the injury inflicted.—See clarigatio.

C. Philippson, The intern, law and custom of ancient Greece and Rome 2 (1911) 331.

Repetundae. Literally the term indicates things (res) or money (pecuniae) which could be claimed back (repetere) by the person who gave them to an official person (a magistrate, a provincial governor) under extortion as a bribe. Hence crimen repetundarum = the crime of extortion. A series of Republican statutes from the Lex Calpurnia (149 b.c.) to the Lex lulia (by Caesar, 59 b.c.) dealt with repetundae; the last statute was still in Justinian’s legislation the foundation of the penal repression of extortion. Jur­isprudence and imperial legislation contributed to the development of the concept of repetundae to be pun­ished under the statute. According to later legislation any person who “exercising a magistracy, a power (potestas), a curatorship (curatio), an embassy, or any other public office, charge or ministry accepted money” (D. 48.11.1 pr.) was liable under the statute. The Lex lulia declared guilty of repetundae a judge who took a bribe for rendering (or not rendering) a judgment, a witness for refraining from testimony, even a senator who received money for expressing a certain opinion in the senate. Sons of officials were also guilty of repetundae when taking money with the understanding that they would influence the activity of their fathers. Manifold misdemeanors of officials and persons not embraced by the definition quoted above (which in its general formulation may contain non-classical elements) were subject to the penalties for crimen repetundarum. Originally the giver could claim the recovery of the sum he paid under extor­tion; later, he could claim a double or fourfold amount, within a year after retirement of the official from service. In extreme instances, seizure of the whole property of the condemned person took place. Persons who had a share in the bribe money (ad quos pecunia pervenit) were liable as well. A person con­demned for repetundae could not obtain a magistracy or membership in the senate; he would not be a wit­ness or representative of another in court, or function as a judge. More drastic infractions were punished with exile. Penalties became more and more severe in the course of time. The Lex Acilia (of 123 b.c.) contained detailed provisions concerning the proce­dure in trial for extortion.—D. 48.11; C. 9.27.—For the statutes on repetundae: see lex acilia, cal- purnia, Cornelia, iulia, servilia; see also SENA­TUSCONSULTUM CLAUDIANUM, CONCUSSIO.

Kleinfeller, RE 1A; Lecrivain, DS 4; Berger, OCD; idem, RE 12, 2390; R. O. Jolliffe, Phases of corruption in Roman administration in the last half century of the R. Republic, Chicago, 1919; Blum, Revue gen. de droit 46 (1922) 197; v. Premerstein, ZSS 48 (1928) 505; J. P. Balsdon, History of the extortion court at Rome, PBritSR 14 (1938) ; F. De Visscher, Les edits d’Auguste decouverts d Cyrene, 1940, 138; Sherwin-White, PBritSR 17 (1949) 5; idem, JRS 42 (1952) 43; Henderson, JRS 41 (1951) 71.

Repignerare. To redeem a thing given as a pledge (pignus) to a creditor by paying the debt.

Replicatio. An exception (see exceptio) opposed by the plaintiff to an exception of the defendant. Through replicatio the plaintiff rejects what the de­fendant’s exception asserted. To a’ replicatio the defendant may again reply by an exception called duplicatio by Gaius, once triplicatio by Ulpian. An example of a replicatio is as follows: if the defendant opposed to the claim of the plaintiff the exceptio pacti de non petendo, i.e., that the plaintiff had agreed not to sue the defendant in court, the plaintiff might op­pose a replicatio to the effect that by a later agreement (pactum) the first had been annulled or limited to a certain time.—Inst. 4.14.

Leonhard, RE 1A.

Replicatio legis Cinciae. See replicatio, lex cincia. If a donor claimed back the thing he had given as a gift, as contrary to the provisions of the Lex Cincia, and the donee opposed an exception that the thing had been donated and delivered (exceptio rei donatae et traditae) and therefore could not be claimed back, the donor might reply by replicatio legis Cinciae, to the effect that the ownership of the thing donated was not acquired by the donee, e.g., because the thing, a res mancipi, was conveyed through traditio, and not by mancipatio, which was necessary for the transfer of ownership of the thing donated.

Reposcere. To claim a thing which had to be returned to the claimant, e.g., a deposit or a thing given as a PRECARIUM or COMMODATUM.

Repraesentare. To pay, to perform an obligation, which is owed on a condition or at a fixed date, before the condition is materialized or before the due time. Commodum repraesentationis = the profit a creditor has in such a case, when the debtor pays the debt in advance before it is due.—In a more general sense repraesentare = praestare, solvere, reddere (post- classical use).

Schnorr v. Carolsfeld, Fschr Koschaker 1 (1939) 103.

Reprehendere (reprehensio). To blame, to reprove, to find fault with a person.

Reprehensa Mucii capita. (Also entitled Notata Mucii.) A collection of critical notes written by the jurist servius sulpicius rufus on the work of his predecessor Quintus Mucius Scaevola, see mucius. Reprobare. To disapprove, to reject (another’s opin­ion). Ant. PROBARE.

Reprobus. False, forged. Reproba pecunia (reprobi nummi) — false money (coins). Syn. adulterinus. “Payment made with bad money does not discharge the payer” (D. 13.7.24.1).

Repromissio. (From repromittere.) A kind of cau­tio by which a debtor promises through stipulatio the performance of an already existing obligation or of an obligation not suable under the law.

Repromissio secundum mancipium. A stipulation by which the seller of a thing guarantees the buyer against eviction.—See evictio, satisdatio secundum MANCIPIUM.

Repudiare. To refuse to accept, to reject. The most frequent use of the verb is with reference to acquisi­tions to be made under a testamentary disposition (an inheritance, a legacy) or under the law (on intestacy) from another’s estate.—C. 6.19; 31.—For repudiare matrimonium, uxorem, see repudium.—In proce­dural language repudiare = to reject (an appeal).

Repudiatio hereditatis (bonorum possessionis). See REPUDIARE.

H. Krüger, ZSS 64 (1944) 394.

Repudium. A unilateral breaking up of a betrothal; see sponsalia. The term refers also to the dissolu­tion of a marriage existing made by one of the spouses either by an oral declaration before witnesses, by a letter, or through the intermediary of a mes­senger (per nuntium) who transmitted to the other party the wish that the marriage be solved (mittere, remittere repudium, or nuntium). The actual inter­ruption of common living as husband and wife had to accompany such declarations. The written form (libellus repudii) became mandatory in the later Empire. A repudium ex iusta causa caused pecuniary losses (the loss of the dowry or nuptial denations) to the party whose bad behavior justified the divorce. The term repudium occurs also in cases of a divorce of the spouses.—D. 24.2; C. 5.17.—See divortium.

Klingmuller, RE 1A; E. Levy, Her gang der rom. Ehe­scheidung, 1925, 55; Solazzi, BI DR 34 (1925) 312; Ba- sanoff, St Riccobono 3 (1936) 175.

Reputare (reputatio). To calculate, to compute, in particular to take into account the counterclaims of the debtor. Syn. computare, imputare.—C. 2,47.

Requirere. To inquire after, to search for somebody (e.g., a runaway slave) or anything (e.g., a stolen thing), to investigate. A particular application of the term occurs with reference to persons absent (fugitives) against whom a criminal trial was to be instituted, the so-called requirendi (the searched for ones). Their names were publicly announced in posters and their property was seized unless they appeared in court within a year from the public summons—D. 48.17; C. 9.40.

Res. Used in the juristic language in various senses; it applies to both corporeal things and incorporeal, abstract conceptions. See res corporales. For the division of things, see the items below.—D. 1.8; Inst. 2.1.—Res (in sing.) also refers to the entire property of a person (see ex re alicuius adquirere, in rem versio) and in this sense it is syn. with bona, patri­monium. Res is often syn. with hereditas. The use of the term res by the jurists ranges from the most general meaning of “everything that exists” (in rerum natura, in rebus humanis esse) to specific ob­jects. An interpretative rule by Ulpian says: “the term res comprises both causae (legal relations, judicial matters, see causa) and iura (rights),” D. 50.16.23. The inclusion of the vague term causae renders this saying likewise indefinite. With refer­ence to judicial trials, res means both the object of the controversy (see QUANTI EA RES EST, QUA DE RE agitur) and the litigation itself; see res iudicata, RES IN IUDICIUM DEDUCTA, ACTUS RERUM. In the law of contracts res indicates the physical delivery of a thing to another person which was the decisive element in the so-called real contracts (contractus re jactus, obligatio re contracta, re contrahere, see con­tractus). See OBLIGARE REM.

Leonhard, RE 1A; Beauchet, DS 4; S. Di Marzo, Le cose e i diritti suite cose, 1922 ; Grosso, St Besta 1 (1939) 33; G. Scherillo, Lezioni. Le cose 1, 1945; Kreller, ZSS 66 (1948) 572.

Res amotae. See actio rerum amotarum, reten­tion es DOTALES.

Res capitalis. See causa capitalis.

Res castrenses. Things belonging to a peculium castrense; also things used by a soldier during his military service.

Res communes. Things belonging to two or more owners (co-owners, co-heirs) as a common property. ------------------------------------- See COMMUNIO, ACTIO COMMUNI DIVIDUNDO.----------------------------------------------------------------- C. 4.52; 8.20.

Res communes omnium. Things which “by natural law are the common property of all men” (D. 1.8.2 pr., 1), such as air, flowing water, the sea and its shores, etc. They could not be appropriated by'•a private individual.—See res publicae, aer, aqua PROFLUENS, MARE, LITUS.

Pernice, Fg Dernburg, 1900; Debray, Rev. generale de droit 45 (1921) 1; Branca, AnTr 12 (1941) ; G. Lombardi, Ricerche in tema di ius gentium, 1946, 90.

Res corporales. Physical things which “by their nature can be touched” (D. 1.8.1.1). Ant. res incorporates.

Naber, RStDlt 13 (1940) 379; Villey, RHD 25 (1946-47) 209; Pflüger, ZSS 65 (1947) 339; Monier, RHD 26 (1948) 374; idem, St Solazzi 1948, 360; Albanese, AnPal 20 (1949) 232.

Res cottidianae. The title of a work (in seven books) ascribed to the jurist Gaius, “the everyday legal matters.” It is of a rather elementary nature. The authenticity of the work which appears in the sources also under the title “Aurea” (= Golden words, rules) is not beyond doubt.

Arangio-Ruiz, St Bonfante 1 (1929) 495; Albertario, Studi 3 (1936) 95; Felgenträger, Sy mb Frib Lenel, 1931, 365 (Bibl.); Di Marzo, BIDR 51-52 (1948) 1.

Res creditae. Things (money) given as a loan.—D. 12.1; C. 4.1.—See credere, mutuum.

Res cuius (quarum) commercium non est. Gen­erally in literature called by the non-Roman term res extra commercium = things which cannot be the object of exchange or of any legal commercial trans­action between private individuals, such as res di­vini iuris, res communes omnium.—See COMMER­CIUM.

Scherillo, loc. cit. 29; G. Longo, St Bonfante 3, 1930; Biondi, St Riccobono 4, 1936; W. G. Vegting, Domaine public et res extra c. (Alphen a. d. Rijn, 1950) ; Kaser. St Arangio-Ruiz 2 (1952) 161.

Res derelictae. See derelictio.

Res divini iuris. Things under divine law, as res religiosae, sacrae, sanctae. They are not nego­tiable and excluded from any legal transaction. Ant. RES HUMANI IURIS.

Scherillo, loc. cit. 40; Archi, SDH I 3 (1937) 5.

Res dominica. The private property of the emperor. C. 7.38; 11.67.—See res privata caesarjs.

Res dubiae. Doubtful legal questions arising from am­biguous expressions used, e.g., by a testator in his last will., In such cases, broadly discussed in D. 34.5, “always preference should be given to the more benevolent (benign, liberal, benigniora) interpreta­tion” (D. 50.17.56). The solution should be in favor of the act and avoid its annulment.

Berger, ACIVer 2 (1951) 187 (= Sem 9 [1951] 36).

Res extra commercium. See res cuius commercium

NON EST.

Res extra patrimonium (nostrum). Things which cannot be in private ownership (see res publicae, res communes omnium), nor the object of any legal transaction between private individuals; see res cuius commercium non est. Ant. res in patrimonio nostro = all things not expressly excluded from pri­vate ownership.

Scherillo, loc. cit. 29; Branca, AnTr 12 (1941).

Res facti. A matter of fact, a factual situation. Syn. quaestio facti, est facti..Ant. res iuris = a matter of law.

Res familiaris. Private property, patrimony.

Res fiscales. Things belonging to the fisc (fiscus). “They are in some way private property of the em­peror” (D. 43.8.2.9).—C. 10.4.

Vassalli, StSen XXV (1908) 232 (= St giuridici 2 [1939] 5).

Res furtivae. Things taken by theft (furtum) from the owner or from whoever holds them in his name. They could not be acquired by usucapio either by the thief himself or by any one who got them from him, according to a rule of the Twelve Tables, and a later statute, the lex atinia. Syn. res subreptae; in earlier times the stolen thing was called also fur­turn.—See USUCAPIO.

Berger, RE 12, 2331; v. Lübtow, Fschr Schulz 1 (1951) 263. '

Res gestae divi Augusti. An autobiography of the emperor Augustus, written in the last months of his life (finished probably in a.d. 13). It contains a record of the emperor’s achievements, political and military. The original, written in Latin was read after his death in a solemn session of the senate; Greek translations were made and sent to Greek­speaking provinces where they were engraved on bronze tablets and set up publicly. Extensive frag­ments in both languages are known (see monumen­tum ancyranum). Augustus presents himself in this “Index rerum a se gestarum” (= a register of things achieved by himself) as' a head of the state who governed it, authorized and supported by the confidence of the senate and of the people.—See AUCTORITAS PRINCIPIS.

Momigliano, OCD; J. Gage, R. g. d. A., Paris, 1935; Arangio-Ruiz, SDH I 5 (1939) 570; Volkmann, Bursians Jahresberichte über die Fortschritte der klass. Altertums­wissenschaft, Suppl. 276 (1942, Bibl.) ; Städler, ZSS 62 (1942) 120 (Bibl.) ; Acta Divi Augusti 1 (Regia Aca­demia Italica, Rome, 1945) ; P. De Francisci, Arcana im­perii 3, 1 (1948) 220; E. Schönbauer, SbWien 224, 2 (1946) ; Levi, Rivista di filologia, 1947, 209; A. Guarino, R. g. d. A., Testo, traduzione e commento, 1947; Pugliese Carratelli, Imp. Caesar Augustus, Index rerum a se gesta­rum, 1947; Chilver, Augustus and the Roman Constitution, Historia 1 (Baden-Baden, 1951) 408.

Res hereditariae. Things belonging to an inheritance hereditas. Syn. corpora hereditaria. Together, all res hereditariae of one estate are also called Uni­versitas (bonorum). Res hereditariae are consid­ered as belonging to no one until someone qualifies as heir (heres).

Res hominum. See res privatae.

Res hostiles. Things belonging to an enemy of the Roman state, see hostis. If at the outbreak of war they are on Roman soil, they become property of the occupants, and not public property (res publicae). —See OCCUPATIO RERUM HOSTILIUM.

Res humani iuris. All things which are not res divini iuris. They are governed by human law. The dis­tinction between res humani iuris and res divini iuris is the main division of things (summa divisio rerum). Res humani iuris are either public (res publicae) or private property (res privatae). Branca, AnTr 12, 1941.

Res immobiles. Immovables: land (fundus) and buildings (aedes, aedificia). Syn. res soli, or res quae solo continentur ( — which consist in land). Ant. res mobiles. As early as the Twelve Tables, a differentiation was introduced with regard to the acquisition through usucapio, and the interdictal protection was built up on the distinction between res immobiles and res mobiles. The distinction ac­quired particular importance in Justinian’s law when the division of things into res mancipi and res nec mancipi became insignificant.

Schiller, ACDR, Rome 2, 1935; Kiibler, 37 Bonfante 3, 1930; Naber, RStDIt 14, 1941; Di Marzo, BIDR 49-50 (1948) 236.

Res in indicium deducta. A judicial controversy which after the joinder of issue (litis contestatio) passed to the second stage of the trial, before the private judge (iudex). The defendant is protected against a reiterated claim in the same matter by an exception that the claim has already been the object of a trial (exceptio rei in iudicium deductae). This exception is similar to the exceptio rei iudicatae. The difference is that the latter could be applied when a judgment has already been rendered.—See LITIS CONTESTATIO.

M. Kaser, Restitucre als Prozessg egenstand, 1932.

Res in publico usu. Things belonging to the state, the use of which is allowed to all people, as streets, theatres.

W. G. Vegting, Domaine public et res extra commercium (Alphen a. d. Rijn, 1950) 52; H. Vogt, Das Erbbaurecht, 1950, 22.

Res in patrimonio nostro. See res extra patri- M0NIUM.

Res incorporales. Things “which cannot be touched, such as those consisting'in rights, e.g., an inheritance, a usufruct, obligations” (D. 1.8.1.1), immaterial things. Ant. RES CORPORALES.----------------- Inst. 2.2.

Res integra. See integer.

Res iudicata. “A controversy which was concluded by the judgment of a judge” (D. 42.1.1). Res iudicata creates a new legal situation between the parties to the trial thus finished and “is considered as truth” (pro veritate accipitur, D. 1.5.25). The sources speak of an auctoritas (authority, validity, legal power) rei iudicatae, whereas auctoritas rerum similiter iudica- tarum (= authority of identical judgments) is re­ferred to as reflecting the judicial practice of courts constantly (perpetuo) manifested through identical judgments in similar legal controversies (D. 1.3.38). Justinian ordered (C. 7.45.13) that “judgments should be rendered not according to precedents (ex­empla) but in conformity with the laws.*’—D. 42.1; C. 7.52.—See iudicatum.

Esmein, Mel Gerardin 1907, 229; Weiss, Fschr IVach 2 (1913)^; E. Betti, Limiti soggettivi della cosa iudicata, �1922; Guarneri-Citati, BIDR 33 (1924) 204; Dauvillier, Iniuria iudicis, Recueil Acad. Legist. Toulouse 13 (1937) 147; Jolowicz, BIDR 46 (1939) 394; Vazny, BIDR 47 (1940) 108; Siber, ZSS 65 (1947) 1.

Res iuris. See RES FACTI.

ResTitigiosa. The object of a pending suit after litis contestatio. Its alienation was void and so was its dedication to a god in order to make it a res sacra. The defendant holding the thing was protected against any claim by a third person through an exception (exceptio rei litigiosae).—D. 44.6; C. 8.36.

Gradenwitz, ZSS 53 (1933) 409.

Res lucrativae. Things which one acquired without any compensation, ex causa lucrativa (e.g., an inheritance, a legacy, a donation). Such things were in later law charged with a special tax, descriptio.— C. 10.36.

Res mancipi. Things the ownership of which is trans­ferable only by the solemn act of mancipatio (hence the name) or by in iure cessio. Res mancipi in­cluded buildings and land on Italian soil, rustic (not urban) servitudes connected with such land, slaves, and farm animals of draft and burden, such as “oxen, horses, mules, asses” (Gaius, Inst. 1.120). All these things and rights (servitudes) represented the highest value in a primitive rural economy, and the wealth of a Roman peasant consisted primarily in them. The distinction lost its importance in the later Empire; officially it was not abolished until Justinian who destroyed its basic idea by abrogating the re­quirements of solemn formalities in the transfer of ownership of res mancipi. Ant. res nec mancipi.— See MANCIPATIO.

Marchi, AG 85 (1921) ; Bonfante, Scr giuridici 3 (1918) ; De Visscher, SDHI 2 (1936) 263 (= Nouvelles Etudes, 1949, 236) ; Fcrrabino, SDHI 3 (1937) ; Cornil, RH 1937, 555; Clcrici, Economia e finanza di Roma 1 (1943) 311; Hernandez Tejero, AHDE 16 (1945) 290.

Res militaris. Military matters, legal rules concerning soldiers and their legal situation, military discipline, and organization, and particularly military penal law. Several jurists (Tarruntenus, Arrius Menander, Macer, and Paul) wrote monographs on military law.—D. 49.16; C.12.35(36).

Res mobiles. Movables. Syn. mobilia. Ant. res im­mobiles, res soli. The distinction is of importance in various institutions of Roman private law and procedure (possessio, usucapio, mancipatio, dos, interdicta, etc.). A special category of res mobiles (syn. res moventes, moventia) consists of res se MOVENTES.

Res nec mancipi. See res mancipi.

G. Segre, ATor 1936; Solazzi, ACNSR (2. Congr.) 1931; Tejero, AHDE 16 (1945) 290.

Res nullius. Things belonging to nobody. He who takes possession of them (occupatio) acquires own­ership by this very act provided that they are ac cessible to private ownership since some res nullius, such as res divini iuris, are excluded from it.—See HEREDITAS IACENS, FURTUM, SERVUS SINE DOMINO. Riccobono, ND1 11.

Res nummariae. See nummarius.

Res peculiares. Things belonging to the peculium of a slave or a filius familias, or affairs connected with the management of a peculium,—See peculium.

Res praesentes. See hypotheca omnium bonorum. Res principalis. See principalis.

Res privata Caesaris (principis). The purely private property of the emperor. From the time of Septimius Severus it was neatly separately from the patrimo­nium CAESARIS. Syn. RATIO PRIVATA.

Liebenam, RE 1A; Lecrivain, DS 3, 961; L. Mitteis, Röm. Privatrecht 1 (1908) 358; Haijje, Histoire de la justice seignoriale 1. Les domaines des Empereurs, 1927.

Res privatae. Private property, things “belonging to individuals” (D. 1.8.1 pr.). Syn. res hominum, ant. RES PUBLICAE.

Res propria. See res sua.

Res publica (respublica). The term corresponds in a certain measure to the modern conception of the State, but is not synonymous with it. It comprises the sum of the rights and interests of the Roman people, populus Romanus, understood as a whole. Therefore it often means simply the Roman people and is separate from the emperor, the Roman empire, the fisc as well as from other public bodies, such as municipia, or coloniae which are sometimes also called res publicae, but different from the Roman one. The meaning of res publica is particularly mani­fest when the sources speak of services rendered to the res publica, of holding a high office in the res publica or of a man’s being absent in the interest or for the benefit of the res publica (rei publicae causa abesse) which saved him from detrimental conse­quences his absence might otherwise bring him.—See ABSENTIA, SENATUSCONSULTUM ULTIMUM, INTEREST ALICUIUS.

Rosenberg, RE 1A; R. Stark, R. p., Diss. Tübingen, 1937; Lombardi, AG 126 (1941) 200; idem, Ricerche in tema di ius gentium, 1946, 49; De Francisci, SDHI 10 (1944) 150; Guarino, RIDA 1 (1948) 95; Nocera, AnPer 58 (1948) 5.

Res publicae. Public property, such as theatres, mar­ket places, rivers, harbors, etc. Publicum is all that “belongs to the Roman people” (D. 50.16.15). Therefore the res publicae may be used by every one, e.g., fishing in public rivers; see flumina. On the contrary res communes omnium were not consid­ered property of the Roman people although their use was accessible to all citizens.—D. 50.8; C. 11.31.

Vassalli, StSen 25 (1908) = St giuridici 2 (1939); G. Scherillo, Lezioni. Le cose 1 (1945) 89; G. Lombardi, Ricerche in tema di ius gentium, 1946, 49; Branca, AnTr 12 (1941) 78; idem, St Redenti 1 (1951) 179.

Res pupillares. The property (the affairs) of a ward (pupillus).—D. 27.9; C. 5.37.

Res quae pondere numero mensurave constant. Things which are weighed, counted or measured, such as wine, oil, grain, coined money, etc. When given in loan, the debtor returns things of the same kind, and not the same things in specie.—See mutuum.

Brassloff, Wiener Studien 36 (1919) 348; Savagnone, BIDR 55-56 (1952) 18.

Res quae usu consumuntur. Things the normal use of which consists in full or partial consumption. Such things, as e.g., articles of food, cannot be the object of transactions in which the restitution of the things given in use is involved, as usus, ususfructus, com­modatum.—D. 7.5.—See QUASI USUSFRUCTUS.

Res religiosae. Things “dedicated to the gods of lower regions” (diis Manibus, Gaius Inst. 2.4), such as tombs or burial grounds. They belong to the cate­gory of res divini iuris. A piece of land being in private ownership became locus religiosus when the owner or another person acting with his permission, buried a human body in it. A burial by an unau­thorized person did not render the soil religiosus. With the permission of the pontiffs, the owner could remove the corpse, and had a praetorian action against the wrongdoer for damages. Res religiosae could not be the object of a legal transaction. The owner who legally made a res religiosa of his land, especially when the funeral of the deceased person was his duty, had no ownership on the place, but he acquired a special right on the grave, ius sepulcri, which im­plied various duties, such as taking care of the tomb, observing sepulcral cult, sacrifices, and the right to bury other dead there (ius mortuum inferendi).— D. 11.7; C. 3.44.—See sacrilegium.

Leonhard, RE 1A (s.v. religiosa); Toutain, DS 4; C. Fadda, St. e questions di dir. 1 (1910) ; Cuq, RHD 9 (1930) 383; G. Scherillo, Lesioni. Le cose 1 (1945) 48.

Res sacrae. Sacred things, i.e., consecrated to the gods in heaven by virtue of a statute “through the authority of the Roman people, by a decree of the Senate” (Gaius, Inst. 2.4; 5), or by the Emperor. They belong to the res divini iuris. In Justinian’s law res sacrae were also gifts “duly dedicated to the serv­ice of God” (Inst. 2.1.8).—See sacrilegium.

A. Galante, Condizione giuridica delle cose sacre, 1903; G. Hertling, Konsekration und r. s.. Diss. München, 1911; Brassloff, Studien zur rötn. Rechtsgesch., 1925; G. Scherillo, Lezioni. Le cose 1 (1945) 40.

Res sanctae. Hallowed things, such as city walls and gates. Any wrong done to them was punished by death.—See res divini iuris.

Res se (sese, per se) moventes (or moventia). Things moving by themselves, such as slaves and animals. This type of things (mentioned first in the fifth century) was added to the twofold classification: RES IMMOBILES and RES MOBILES.

Res singulae (singulares). Single, individual things, not composed of several things, but made up as a whole from one substance (corpus quod uno spiritu continetur). Ant. corpus ex cohaerentibus, a com­plex of things, such as an inheritance (hereditas), the whole property of a person (bona).

Bianco, NDI 4, 371 (s.v. cose scmplici).

Res soli. See RES MOBILES.

Res sua (propria). One was excluded from certain activities in affairs of one’s own, e.g., from being judge (see IUDEX IN RE PROPRIA) OT witness (see testis in re propria), or from giving consent as a guardian to his ward’s transaction when his own interests were involved. The affairs of one’s father, wife, children, and freedmen were also considered res sua. Syn. causa propria.—See cognitor in rem SUAM, PROCURATOR IN REM SUAM.

Gonnet, RHD 16 (1937) 196.

Res subreptae. See res furtivae, lex atinia. Berger, RE 12, 2331.

Res turpis. Syn. turpis causa.—See condictio ob TURPEM CAUSAM.

F. Schwarz, Dic Grundlage der condictio, 1952, 169.

Res universitatis. Things belonging to a corporate body, primarily of public law as civitates, municipia. Res universitatis include, e.g., theatres and stadia.

Res uxoria. Dowry.—See dos.

Res vi possessae. Things taken by force from the owner or from whoever possessed them for him. They were barred from usucapio to the same extent as stolen things (res furtivae).—See lex iulia et PLAUTIA, VIS LEX ATINIA.

Berger, RE Suppl. 7, 405.

Resarcire. To restore, to make good (losses, dam­ages). Syn. sarcire.

Rescindere (rescissio). To annul, to make void, to repeal. The verb applies to judicial judgments (sen­tentiae), agreements between private persons, legal effects resulting from certain situations (e.g., usu­capio), wills, etc., annulled either by law, a magis­terial order, a judicial judgment or another remedy (e.g., in integrum restitutio) at request of a person interested in the rescission.—D. 49.8; C. 7.50.

Hellmann, ZSS 24 (1903) 94.

Rescindere venditionem. To annul a sale.—D. 18.5; C. 4.44.—See emptio venditio, redhibitio.

Rescindere usucapionem. See actio rescissoria, usucapio.

Rescissio. See RESCINDERE.

Rescissoria actio. See actio rescissoria.

Rescribere. To answer by writing. The verb is used both of written answers given by jurists to questions on which they were asked for an opinion (see re­sponsa prudentium) and of written answers (deci­sions) of the emperors (see rescripta principum). Rescripta principum. Written answers given by the emperor to queries of officials (relatio, consultatio, suggestio) or to petitions of private persons (preces, libellus, supplicatio). The rescripts were issued either on the petition itself in the form of a sub­scriptio or in a separate letter (epistulae prin­cipum). A rescript expressed the emperor’s opinion upon a legal question or a decision in a specific case. It often gave rise to a legal innovation when the emperor’s view introduced a new legal rule which, although in principle binding only in the case for which it was issued, nevertheless, because it emanated from the emperor’s authority, easily could acquire a general binding force. In particular, when a specific rule was repeatedly expressed by various emperors (phrases like imperatores saepe rescripserunt, saepe [saepissime} rescriptum est, and the like, occur fre­quently in juristic writings), it became law in fact. For the development of a special proceeding in civil matters by imperial rescript, see consultatio.—C. 1.23.—See constitutiones principum, legitimatio PER RESCRIPTUM PRINCIPIS, LIBER LIBELLORUM RE­SCRIPTORUM.

Klingmuller, RE 1A, 1668; Cuq, DS 4, 952; Lecrivain, DS 4; Berger, OCD; Wilcken, Hermes 55 (1920) 1; Sickle, CIPhilol 23 (1928) 270; W. Felgentrager, Antikes Losungsrecht, 1933, 3; F. v. Schwind, Zur Frage der Publikation, 1940, 167; De Robertis, AnBari 4 (1941) 281; L. Vinci, AnCat 1 (1947) 320; De Dominicis, I desti­natari dei rescritti imperiali, Ann. Univ. Ferrara 8, parte 3 (1950); Wolff, ZSS 69 (1952) 128.

Rescriptio, rescriptum. See the foregoing item.

Rescriptum Domitiani de medicis. (On physicians.) See EDICTUM VESPASIANI.

Residua (residuae pecuniae). Sums embezzled by public officials. The lex iulia peculatus contained some specific provisions concerning residua, hence the statute was named also Lex Iulia de residuis.— D. 48.13.—See peculatus.

Acta Divi Augusti 1 (Rome, 1945) 165.

Residuum. A remainder. The noun refers in par­ticular to the sum which remained due because the amount obtained by a creditor from the sale of his debtor’s pledge (pignus, hypotheca) did not cover the whole sum owed.—See hyperocha.

Manigk, RE 20, 1257.

Resignare. To unseal a document, primarily a sealed testament either for the official opening (see aper­tura testamenti) or by a private person for pur­poses of a forgery. Illegal removing the seals from a testament was punished under the Lex Cornelia de falsis.—See falsum.

Resistere. To oppose, to resist. The term is pri­marily used of physical resistance to another’s force (vis) in self-defense.

Resolvere. To annul, to rescind a transaction either by mutual consent of both contracting parties (con­trario consensu) or, in specific circumstances, by a unilateral act of one of the persons involved. Resolvi to be rescinded, to become void (e.g., a mandate, mandatum, by the death of one party).

Resolvi sub condicione. A conditional transaction or testamentary disposition became null through the ful­fillment of the condition if the act had contained a clause providing for its rescission in the event of fulfillment.

Respicere. To take into consideration, to have regard to. The jurists used the verb in calling attention to specific points which were decisive for the juristic evaluation of the case under discussion.

Respondere. See RESPONSA PRUDENTIUM, IUS RESPON­DENDI, PROPONERE.

Responsa. A type of juristic writing. The jurists used to publish their answers (see responsa pru­dentium) in collections entitled Responsa. We know of responsa of Labeo, Sabinus, Neratius, Marcellus, Scaevola, Papinian, Paul, Ulpian, and some other jurists. The adaptation of the original responsa for publication required sometimes the addition of spe­cific argumentation, particularly when opinions of other jurists were being rejected. Some jurists dealt with the cases, on which they had given opinions (responsa) as respondent lawyers, in other works, such as Quaestiones, or Digesta (Celsus, Julian, Mar­cellus) and vice versa, they inserted some real or fictitious cases they discussed as teachers in the works published as Responsa.

Berger, RE 10, 1173.

Responsa pontificum. Opinions of the pontiffs on questions concerning sacral law, in particular, whether an intended sacral act was admissible or an act al­ready performed was legal. Responsa pontificum were given also at the request of magistrates.

F. Schulz, History of R. legal science, 1946, 16.

Responsa prudentium. Oral or written answers (opinions)_K given by the jurists when they were queried by persons involved in a legal controversy or in litigation. Responsa were given also to magis­trates or judges if they addressed themselyes to a jurist for opinion on a legal problem. Tne giving of responsa was an old Roman custom, going back to the times when the pontiffs were the exclusive ex­perts in law (see responsa pontificum). Responsa are given in writing when they had to be presented in court. “The answers of the jurists are the views and opinions of those to whom it was permitted to lay down the laws (iura condere). If the opinions of all of them agree, that which they so hold stands in the place of a statute. However, if they disagree, the judge is free to follow the opinion he pleases.” These rules are attributed by Gaius (Inst. 1.7) to a reform by the emperor Hadrian. See condere iura, ius respondendi, optinere legis vicem. The term responsa does not cover opinions of the jurists ex­pressed in theoretical discussions or in their literary products. The importance of the responding activity of the jurists suffered somewhat after the codifica­tion of the praetorian Edict under Hadrian (see edic­tum perpetuum) and the granting of ius respondendi became certainly rarer (if practiced at all), while on the other hand, the authority of those jurists who participated in the emperor’s council (consilium principis) became predominant. Some problems in the field of the ius respondendi have remained still controversial despite the copious recent literature. As a matter of fact, collections of responsa (see responsa), reflecting the responding activity of the jurists, appear through the century after Hadrian. For the influence of the responsa prudentium on the development of the law, see iurisprudentia.

Berger, RE 10, 1167; Wenger, RE 2A, 2427; Cuq, DS 4 (s.v. prudentium r.) ; Anon., NDI 10 (s.v. prudentium r.) ; Pringsheim, JRS 24 (1934) 146; Wieacker, in Romanis­tische Studien, Freiburg er rechtsgesch. Abhandlungen 5 (1935) 43; Arangio-Ruiz, StSas 16 (1938) 17; De Zu­lueta, TulLR 22 (1947) 173; for earlier literature, see Massei, Scr Ferrini (Univ. Pavia, 1946) 430; for further recent literature, see ius respondendi.

Responsio (responsum). As a part of the stipulatio, the answer of the debtor assuming an obligation to the question (interrogatio) of the creditor.

Responsio (respondere). In a trial the reply of the defendant or his representative to the presentation of the case by the plaintiff; see narratio. Responsio comprises all means of defense (defensio) used by the defendant for the denial of the plaintiff’s claim.

Responsio in iure. The answer given by a party to a trial questioned in iure by the magistrate; see INTERROGATIO IN IURE.

Betti, ATor 50 (1914-15) 389.

Responsitare. A rare term indicating the responding activity (respondere) bi the jurists.—See responsa PRUDENTIUM.

Restipulatio. (In interdictal procedure.) See agere PER SPONSIONEM, INTERDICTUM.

Restipulatio tertiae partis. See sponsio tertiae PARTIS.

Restituere. To reinstate (a building, a construction, a road, and the like) to its former condition (in pristinum statum). Restituere = “to take away what one did (constructed on another’s property) or to restore on its place what was taken away” (D. 43.8.2.43). In this sense restituere is used in the formulae of interdicta restitutoria (“restituas”), i.e., restoration into such condition as to enable the plaintiff to regain the full utility (omnis utilitas) he had before the destruction or damage caused by the defendant. Restituere also involved the compensation for all losses and irreparable damages.

Restituere (rem, hereditatem, bona). To return, to restore (a thing, an inheritance) with all fruits and proceeds derived therefrom. “When the words �you are to restore (restituas)’ are used in a law, the proceeds also are to be restored although nothing expressly has been said thereof” (D. 50.7.173.1). Restituere with reference to guardianship or curator­ship (restituere tut elam, cur am) = to render accounts concerning the management of the ward’s property and affairs by the guardian (curator) when the guardianship (curatorship) came to an end.

Levy, ZSS 36 (1915) 30; G. Maier, Prdtorische Bereiche- rungsklagen, 1931, 160; M. Kaser, R. als Prozessgegen- stand, 1932.

Restitutio in integrum. A reinstatement into the former legal position. This was an extraordinary praetorian remedy (auxilium) granted at the request of a person who had suffered an inequitable loss or was threatened by such a loss. A thorough investi­gation of the case (causae cognitio) preceded the in integrum restitutio as a result of which the praetor could annul through a decree (decretum) a trans­action, valid according to the ius civile. He passed such a decree when reasons of equity appeared to him sufficient enough to treat legally important events or transactions as non-existing and thereby to deprive them of the consequences which were prejudicial to the person involved. Granting a restitutio in inte­grum was rather an act of the praetor’s imperium than of his iurisdictio. The reasons and situations in which this remedy could be applied, were mani­fold ; the most typical are dealt with in the. items below. The praetor could also save a party from unjust losses in another way; he might grant him an action, as if nothing had happened before and the legal situation had remained unchanged, or, in the’ case of a person who was sued under a transaction deserving annulment, grant him an exception. The reforms in the civil procedure and the regime of bureaucratic jurisdiction gave the restitutio in inte­grum a different aspect: from the extraordinary procedural remedy depending on the discretion of the praetor, it became in the later Principate and the Empire a “beneficium” (a legal benefit) and other measures made it in certain cases superfluous. —D. 4.1; C. 2.21-41; 43; 46; 47; 49; 52; 53.—See USUCAPIO, ALIENATIO IUDICII MUTANDI CAUSA.

Klingmuller, RE 1A; Lecrjvain, DS 4; Sciascia, NDI 11; L. Charvet, Evolution de la restitution des majeurs, Diss. Strassbourg, 1920; Lauria, St Bonfante 2 (1930) 513; Jobbe-Duval, St Bonfante 3 (1930) 183; W. Felgentrager, Antikes Losungsrecht, 1933, 101; Gallet, RHD 16 (1937) 407; Carrelli, SDHI 4 (1938) 5, 195; idem, AnBari 1 (1938) 129; Beretta, RISG 85 (1948) 357; Archi, St Solassi 1948, 740; Levy, ZSS 68 (1951) 360.

Restitutio in integrum militum. Granted to soldiers; see the following item.—C. 2.50.

Restitutio in integrum propter absentiam. Granted to persons who because of their absence had incurred damages, as, for instance, the loss of an action through praescriptio, usucaption of the absent person’s prop­erty by a third person. Absence in the interests of the state, captivity, or absence enforced by duress, was considered absence which justified a restitutio in integrum. A request for restitutio had to be brought within a year from the end of the period of absence —C. 2.50.—See ABSENTES.

Gallet, RHD 16 (1937) 407.

Restitutio in integrum propter aetatem. Granted to minors (see minores) who had concluded a preju­dicial transaction. In the praetorian Edict there was a section which concerned this kind of restitutio: “If a transaction will be said to have been concluded with a minor below twenty-five years of age, I shall give attention to the case according to its particular cir­cumstances” (D. 4.4.1.1): Therefore this restitutio in integrum was not conceded in just any case; the injured minor had to prove that it was only because of lack of experience due to his age that he had concluded the transaction, since the minpr’s right to be protected by restitutio was considered a privilege of age (beneficium aetatis). There were several cases in which a restitutio was refused. The request for annulment of the harmful transaction had to be made within a year after the minor attained the age of majority.

Solazzi, BIDR 27 (1914) 296.

Restitutio in integrum propter capitis deminutio­nem. A creditor who lost his claim against a debtor because of the latter’s capitis deminutio (when, e.g., he was adopted by arrogatio, or when a female debtor concluded a marriage with conventio in ma­num) might request restitutio in integrum from the praetor.

Carrelli, SDHI 2 (1936) 141.

Restitutio in integrum propter dolum. See dolus. Duquesne, Mel Fournier 1929, 185.

Restitutio in integrum propter metum. Reestablished the legal situation which existed before a transaction was concluded (or an act was done, e.g., the refusal of the acceptance of an inheritance) under duress. The annulment of the pertinent transaction or act was decreed at the request of the person who had acted under duress. In his Edict the praetor pro­claimed : “I shall not approve of what has been done because of fear” (D. 4.2.1).—See metus.

Restitutio in ordinem. See motio ex ordine.

Restitutio indulgentia principis. The restoration of a person, who had been condemned to deportation for a crime, into his former rights through an act of grace by the emperor. Such restitutio is also called resti­tutio in integrum. The result was that the one so restored (restitutus) was regarded as if he never had been condemned. Some restrictive clauses might be

added to the emperor’s decree and the return of con­fiscated property had to be expressly granted. The imperial restitutio was also applied in cases when a person was condemned to forced labor in mines (see METALLUM). See ABOLITIO, INDULGENTIA.

Carrelli, AnBari 2 (1937) 55; Dessertaux, TR 7 (1927) 281.

Restitutio natalium. See natalium restitutio.

Restitutorius. See ACTIO QUAE RESTITUTIT OBLIGATIO­NEM, INTERDICTA RESTITUTORIA.

Retentio. (From retinere.) The retaining of a thing by a person who normally is obligated to return it to its owner. This kind of self-help could occur in various situations, especially when a person had to bear expenses on another’s thing (see impensae), which he was temporarily holding. When sued by the owner for recovery he might oppose an exceptio doli which, when proved justified, liberated him from the restoration of the thing until his claims were satisfied. Retentio was admitted also when an heir claimed the quarta Falcidia (see lex falcidia) be­fore paying a legatum or a fideicommissum to the beneficiary. It seems that the retentio was applicable in classical law in various legal situations which be­cause of alterations made by the compilers on the pertinent texts are no longer recognizable. The ius retentionis (= the right to retain another’s thing) was, however, not admitted in any instance in which one who claimed a payment from another person, was holding the latter’s property under a specific title (for instance, as deposit or a gratuitous loan). Gen­erally, there had to be a relationship between the thing retained and the claim.—The more important cases of retentio are dealt with in the following items. Leonhard, RE 1A; Cuq, DS 4; D’Avanzo, NDI 11, 834; Last, GrZ 36 (1909) 505; Riccobono, AnPal 3-4 (1917) 178; E. Nardi, Ritcnzione e pegno Gordiano, 1939; idem, AG 124 (1940) 74, 139; idem, Ser Ferrini 1 (Univ. Cat­tolica Sacro Cuore, Milan, 1947) 354; idem, St sulla ri­tensione, 1. Fonti e casi, 1947; E. Protetti, Contributo allo studio dell’efficacia dcll’exc. doli a fine di ritensione, 1948.

Retentio pignoris. See PIGNUS GORDIANUM.

Retentio propter res donatas. See retentiones DOTALES.

Siber, St Riccobono 3 (1936) 241.

Retentiones dotales (ex dote). In certain cases a husband had the right to retain a portion of the dowry when the restitution thereof was to be per­formed. Retentiones propter liberos ( = retention in favor of children) : in the event of the wife’s death, the husband could retain one-fifth of the dowry for each child, in the case of divorce by fault of the wife one-sixth, but in neither case more than a half alto­gether. Retentiones propter mores — retention in case of divorce arising from a misconduct of the wife: one-sixth when she was guilty of adultery (mores graviores), one-eighth when her improper conduct was less grave (mores leviores). Reten­tiones propter res donatas = retention because of donations which the husband had made to the wife under violation of the prohibition of such donations (see DONATIO INTER VIRUM ET UXOREM). Reten­tiones propter impensas — retention because of ex­penditure made on the objects constituted as dowry. Retentiones propter res amotas — retention because of the husband’s things which were taken away by the wife (see actio rerum amotarum). In the last three instances the heirs of the husband also had the ius retentionis. The retentiones was materialized through an exceptio doli opposed by the husband (or his heir) when he was sued for the restitution of the dowry under the actio rei uxoriae. Justinian’s reform of the dowry law abolished the retentiones. The claims of the husband were partly suppressed, partly (as those for impensae) made suable under specific actions or allowed to compensate for the reciprocal claim for the restoration of the dowry. The compilers replaced the term retentio with the terms exactio and compensatio.—See retentio.

E. Nardi, St sulla ritensione 1 (1947) 146.

Retinere. See RETENTIO.

Retractare (retractatio). To revoke, to rescind a juristic act, to deny the validity (e.g., of a testament). Leonhard, RE 1A.

Retractare causam. To try in court anew (far intc- gro) a case which had already been decided in a previous trial. This was possible only inasmuch as the rule bis de cadcm re ne sit actio (see bis idem exigere) was not applicable and an exceptio rei iudicatae could not be opposed. Retractare causam was admissible only in exceptional cases, for instance, if it could be proved that the former judge had been bribed or new documents were found (nova instru? menta) which reversed the evidence presented in the first trial. Imperial constitutions were particularly innovating in this respect. The fisc was especially privileged in retractare causam if it could offer new evidence on its behalf, but only within three years from the first decision.—C. 10.9.

Biondi, St Bonfantc 4 (1930) 96.

Retractare sententiam. To change a judgment from which a party had appealed.—See retractare cau­sam, ERROR CALCULI.

Hellman, ZSS 24 (1903) 87.

Retro agere. To rescind a transaction (a sale, a dona­tion).

Retro dare. To return, to repay a debt. Syn. solvere. Reus. A defendant in a civil trial. Syn. is cum quo agitur. Ant. actor. There was a rule on behalf of the defendant: “Defendants are regarded as deserv­ing more favorable treatment than plaintiffs” (D. 50.17.125). Another rule defined: “That which is not permitted to the defendant should not be allowed to the plaintiff” (D. 50.17.41 pr.). By opposing an exception to the plaintiff’s claim the defendant as­sumed the role of a plaintiff; see excipere, exceptio.

In the so-called divisory actions (actio familiae er- ciscundae, actio communi divid undo, actio finium re­gundorum) each party to the trial is both plaintiff and defendant.—See iudicia duplicia.—Reus is also the accused in a criminal trial. In connection with a specific crime (reus homicidii, falsi, maiestatis) = guilty. The death of the accused produced the dis­continuance of the trial.—C. 9.6.

Eger, RE 1A; Lecrivain, DS 4.

Reus. (In obligatory relations.) Refers both to the debtor (primarily) and to the creditor. See reus CREDENDI, REUS PROMITTENDI, REUS STIPULANDI, DUO rei. With reference to suretyship reus is applied both to the principal debtor (see reus principalis) and to the surety (fideiussor).

Reus credendi. A creditor. Ant. reus debendi = a debtor.—See CREDITOR.

Reus culpae. Guilty of negligence. Syn. reus ex culpa.—See culpa.

Berger, KrVj 14 (1912) 436.

Reus debendi. See reus credendi, debitor.

Reus excipiendo actor est. The rule applies to the defendant in a civil trial: by opposing an exception to the plaintiff’s claim the defendant acts as a plaintiff.—See excipere, exceptio, reus.

Reus principalis. The principal debtor as opposed to a surety (fideiussor, adpromissor). Syn. principalis debitor.

Reus promittendi. One who becomes a debtor by assuming an obligation through stipulatio (qui pro­mittit,. promissor). Ant. reus stipulandi.

Reus stipulandi. One who becomes a creditor through stipulatio (qui stipulatur). Syn. stipulator. Ant. reus promittendi.

Revendere. To sell back. The term is applied to the sale of a freedman’s services (operae liberti) to the freedman himself by the patron. Through such a transaction the freedman was released from the obli­gation of performing further work for the patron. Passive revenire (re-veneo) = to be sold back.

Reverentia. Respect due by children to their parents or by a freedman to his patron.—See obsequium.

Kaser, ZSS 58 (1938) 117; C. Cosentini, St sui liberti 1 (1948) 251.

Reverentissimus. A title given to high ecclesiastical dignitaries (archbishops, bishops, oeconomus eccle­siae).

Reverti. To return. See animus revertendi. Re­verti is used of persons (slaves) who reverted under the power of the same person under whom they had been before, and of things which returned to the same owner to whom they had belonged.

Revocare (revocatio). To revoke unilaterally a legal act (a donation, a testamentary disposition), to annul it by a manifestation of will to the effect that the previous legal situation be restored.—See revocare ALIENATIONEM, REVOCARE DONATIONEM.

Leonhard, RE 1A; Cuq, DS 4.

Revocare alienationem. To rescind an alienation. Used of a creditor who called into question an aliena­tion made by his debtor with the purpose of defraud­ing the creditors.—C. 7.75.—See fraus.

Revocare domum. See ius revocandi domum.

Revocare donationem. In classical law a donation already accomplished (see donatio perfecta) was irrevocable. In certain specific cases, however, the postclassical law admitted the revocability of a dona­tion, as in the case of a flagrant ingratitude of the donee or of donations made to villainous or irreverent children. A donation could also be revoked (from the third century after Christ on) if the donee did not fulfill the duty (see modus) imposed on him by the donor. The revocation was allowed to the donor alone, not to his successors. A patron might revoke a donation made to his freedman if the latter proved ungrateful, see ingratus libertus. In the later law (from the time of Constantine) a gift made to a freedman by a childless patron could be revoked if the donor begot a child afterwards. A donatio mortis causa was always revocable according to Justinian’s law.—C. 8.55.—See paenitentia.

B. Biondi, Successione testamentaria, 1943, 695; C. Cosen­tini, St sui liberti 1 (1948) 223; S. Di Paola, Donatio mor­tis causa, 1950, 66.

Revocare in patriam potestatem. From the time of Constantine a father could recall an emancipated son under his paternal power because of the latter’s ingratitude.

Revocare in servitutem. To revoke a manumission. A patron might revocare in servitutem an ungrateful freedman (see ingratus libertus) in a case of par­ticular gravity.

De Francisci, Mel Cornil 1 (1926) 295.

Revocare legatum. See ademptio legati.

Revocare mandatum. See mandatum.

Revocare Romam. To call a judicial matter into a Roman court. Already in the later Republic the senate or the consuls could order important judicial matters transferred from a province to Rome.

Revocare testamentum. To revoke a testament by making another valid one or by annulment or de­struction (e.g., by removing the seals, see linum). This was a fundamental principle of the Roman law on testaments: “the will of a testator is changeable until the very end of his life” (D. 34.4.4). This was in conformity with the conception of the testament as the “last will” (suprema, ultima voluntas) of the deceased. A testator could not relinquish that right by inserting in his testament a clause invalidating any future testament. Such a clause was not binding; Justinian, however, required that the testator when making a new testament should expressly declare that he was acting against his previous decision.

R. Bozzoni, Il testamento r. primitivo e la sua revocabilita, 1904; De Francisci, BIDR 27 (1915) 7; Bohacek, Bon­fante 4 (1930) 307; B. Biondi, Successione testamentaria, 1943, 591.

Revocari per legem. To be declared ineffective by a legal enactment (a statute, the praetorian edict, an imperial constitution).

Hellmann, ZSS 24 (1903) 104.

Revocatio. See revocare.

Revocatio in duplum. A defendant condemned in a trial could without awaiting the plaintiff’s action for execution (actio iudicati) challenge the judgment as invalid. Such a complaint was called revocatio in duplum since in the case of failure he had to pay double the amount of the previous judgment.

Biondi, St Bonfante 4 (1930) 92.

Rex. During the period of kingship, which lasted about 250 years from the foundation of Rome, a king (rex) was at the head of the Roman people as the holder of the highest military and judicial power. The king was also the highest priest and presided over the sacred ceremonies; his religious duties were the most important in peace time. Tradition preserved the names of seven kings from the legendary founder of Rome, Romulus, to the last king, Tarquinius Super­bus, whose expulsion (in 509 b.c.) marked the end of the regal regime. The constitutional structure of the state and the legal institutions of this period are obscure in many details. Later historical sources are not fully reliable because of their tendency to retro- ject the origin of certain Republican institutions back to the times of the kings. The power of the rex was not hereditary; he was elected by the people for life, the election being confirmed by the senate. The com­position, election (nomination by the king?) and activity of the senate are also obscure. Its prin­cipal role might have been that of an advisory council of the king. The number of the senators (patres), originally one hundred, was increased to three hun­dred. Popular assemblies (comitia curiata) also ex­isted already in the regal period.—See regnum, CURIA, LEGES REGIAE, IUS PAPIRIANUM.

Treves, OCD; Fustel de Coulanges, DS 4, 824; De Ro- bertis, NDI 11; F. Bernhoft, Staat und Recht der rom. Konigszeit, 1882; F. Leifer, Die Einheit der Gewalt­gedankens, 1914, 147; idem, Klio, Beiheft 23 (1931) 77; Gioffredi, Bull. Commissione Comunale archeol. di Roma, 1943-1945; Nocera, AnPer 37 (1946) 171; S. Mazzarino, Dalia monarchia allo stato repubblicano, 1947; P. Noailles, Du droit sacre au dr. civil, 1950, 32; Westrup, Archives d’hist, du dr. oriental 4 (1950) 85; Coli, SDH I 17 (1951) 54.

Rex sacrorum (sacrificulus). A priest who officiated at certain religious observances. The office was created at the beginning of the Republic; the rex sacro­rum first assumed the sacral functions of the king, hence the title of rex was conferred on him. He was, however, lower in rank than the pontifex maximus, who was his superior. The rex sacrorum existed still in the Empire.

Rosenberg, RE 1A.

Rex socius. The king of a foreign country with whom Rome had a treaty of alliance.—See socu.

Rhetor. A rhetorician. See orator. A rhetor giving instruction in rhetoric was reckoned among teachers (magistri), and his discipline among the artes libe­rales. A rhetorician was at his request exempt from the duties of a judge in a civil trial. For the privi­leges granted to the rhetoricians, see magistri. The problem of the influence of rhetoric on Roman juris­prudence is the subject of controversy. Attempts to deny any influence are futile; but it is hardly possible to delimit this influence with any certainty. There is also in the literature a tendency to exclude certain words and phrases from the juristic language al­though they occur frequently in the language of the rhetoricians. Such a method applied in the search for interpolations is erroneous. After all, the jurists studied rhetoric in their youth like all well educated Romans, and it would be quite natural for them to use words and locutions they heard from their teachers.

Ziebarth, RE 2A, 765; Pasquali, Riv. di filologia e d’istru­zione classica 10 (1927 ) 228; F. Lanfranchi, Il diritto nei retori rom., 1938; Kübler, SDHI 5 (1939) 285; Stein­wenter, Rhetorik und röm. Zivilprozess, ZSS 65 (1947) 69; S. F. Bonner, Rom. declamation in the late Republic and early Empire, 1949; J. Stroux, Röm. Rechtswissen­schaft und Rhetorik (Potsdam, 1949; contains a new ed. of the author’s Summum ius summa iniuria, 1926; Italian translation of the first ed. by Riccobono, AnPal 12, 1928).

Rhopai. A Byzantine juristic writing of the seventh century composed in Greek by an unknown author and published under the title “On spaces of time from one moment (rhope = a moment) to one hundred years.” It is an exact collection of the various extents of time which occur in Justinian’s legislation, the Novels included.

Edition: K. E. Zachariae, Rh. oder die Schrift über Zeit­abschnitte, 1836; J. and P. Zepos, Ius Graeco-Romanum 3 (Athens, 1931) 273.—J. A. B. Mortreuil, Hist, du droit bvzantin 1 (1843) 40; Tamassia, AG 54 (1895) 175; Scheltema, TR 17 (1941) 415.

Rigor iuris. The severity, inflexibility, rigidity of the law. A rule defined by the late classical jurist, Modestinus (D. 49.1.19) recommended: “If a judg­ment is rendered clearly against the rigor iuris, it shall not be valid, and therefore the matter should be brought again into court even without an appeal.”

Ripa. The bank of a river. If the bank of a public river was in private ownership, its use was accessible to all for navigation, transportation, fishing, etc. The owner’s right to repair or strengthen the bank (mu­ntre ripam) was protected by a special interdict, interdictum de ripa munienda, against any interfer­ence with the necessary repairs or improvements pro­vided they did not impair navigation. On the other hand the demolition of constructions which impeded navigation (quo navigatio deterior fit) could be en­forced by another interdict.—D. 43.12; 15.—See in­terdicta DE FLUMINIBUS PUBLICIS, INTERDICTA DE REFICIENDO.

Berger, RE 9, 1634 (no. 5 a), 1637 (no. 5 f) ; D’Amario, AG 77 (1906) 3; Lenel, Edictum perpetuum³, 1927, 461; G. Lombardi, Ricerche in tema di ius gentium, 1947, 81 ; Branca, AnTr 12 (1941) 76.

Rite. In due, solemn form, prescribed by law. Riccobono, ZSS 34 (1913) 224.

Rivales. Persons using water from the same stream. —See RIVUS.

Rivus. A brook, a stream, a minor flowing of water. Rivus is also a ditch (a channel) through which water runs from one man’s property to another's in thè case of a servitus aquaeductus.—D. 43.21.—See INTERDICTUM DE RIVIS, INTERDICTA DE REFICIENDO. Berger, RE 9, 1674; Longo, RISG 3 (1928) 243.

Rixa. An affray, a brawl, a tumultuous quarrel. A man who died as a result of a rixa was presumed to have been killed by accident rather than by intent, and a milder penalty was accordingly inflicted on the culprit.

F. M. De Robertis, St di dir. rom. penale, 1943, 145 ; 205.

Rogare. To request, to ask another for a service, as, e.g., to be a witness (see testis rogatus) or surety, or for the permission to use his property (see com­modatum, PRECARIUM).—See ROGO.

Rogatio legis. Proposal of a statute to the people gathered in a popular assembly (comitia). Literally rogatio means a question; here it refers to the for­mulaic request for approval by which the proposer ad­dressed to the voters: “Velitis, iubeatis haec ita, ut dixi, ita vos, Quirites, rogo" ( = will and order as I proposed, I beg you, Quirites). See velitis, iubea­tis, u.r., a.—Sometimes the term rogatio (lex ro­gata) indicates a statute approved by vote. The right of the highest magistrates (consuls, praetors) to propose a statute to the comitia = ius rogationis. See LEGES ROGATAE.

Liebenam, RE 1A; Lengle, RE 6A, 2463; 2479; G. Ro­tondi, Leges publicae populi Rom., 1912, 14.

Rogator legis. One who proposed a statute to a popular assembly.—See rogatio legis.

Rogatores. Tellers who collected and counted the votes in a popular assembly. Syn. diribitores since their activity was called diribitio.

Liebenam, RE 1A, 5 (s.v. diribitio) ; G. Rotondi, Leges publicae populi Rom., 1912, 142.

Rogatu. At request.—See rogo.

Rogerius. A glossator of the second half of the twelfth century. See GLOSSATORES.

Kuttner, NDI 11, 906; H. Kantorowicz and W. W. Buck­land, Studies in the Glossators of the R. Law, 1938, 122. Rogo. Used in the formula of a fideicommissum. Rogus. A funeral pile.—See bustum, ustrina.

Ziegler, RE 1A ; Cuq, DS 2, 1394.

Roma. Rome. “Roma is our common fatherland” (D. 50.1.33). Syn. urbs. After Constantinople be­came the capital of the Empire, Rome was denoted in imperial constitutions as the “ancient Rome” (vetus Roma) while the new capital was termed nova Roma. Both cities were designated as utraque Roma.—See URBS, CONTINENTIA, MILIARIUM, MURUS, REVOCARE ROMAN, REGIONES URBIS ROMAE.

Rubrica. The superscription of a section in the prae­torian Edict. In the literature, rubrica indicates the superscription of titles in the various parts of Jus­tinian’s codification. The classical jurists who com­mented on the praetorian Edict accepted in their commentaries the rubrics of the Edict, as did the compilers of the Digest, following the juristic com­mentaries. The rubrics of the titles of the Code of Justinian are concordant in part with those of the Digest, in part with those of the Theodosian Code, but many of them were composed by the compilers of the Code themselves, primarily where new topics were involved.

Solazzi, SDH I 2 (1936) 325.

Rufinus. See LICINNIUS RUFINUS.

Ruina. The collapse of a building. Appropriation of things belonging to a person struck by such an acci­dent was severely punished; for a deposit given on the occasion of a ruina, see depositum miserabile. Looting in the case of ruina was punished severely in the same manner as in the case of shipwreck.— See naufragium.—D. 47.9.

Rumpere. To damage, to injure, to deteriorate. The term is among the kinds of damages inflicted on another’s property enumerated in the lex aquilia. For membrum ruptum, see os fractum.

Rumpere testamentum. See testamentum ruptum.

Rustici. Peasants, simple men lacking experience, particularly in legal matters. Rustici might be ex­cused for ignorance of the law and errors, a privilege which citizens normally could not claim.—See igno- RANTIA IURIS.

Rusticitas. Simplicity, quality of being rustic, inex­perienced.—See rustici.

Rusticus. (Adj.) Rural, connected with, or per­taining to, life and work in the country.—See praedia RUSTICA, SERVITUTES PRAEDIORUM RUSTICORUM, FA­MILIA RUSTICA, VILLA.

Ruta et caesa. Things taken out of the soil (= eruta, such as sand, clay, quarry-stones) or cut down (such as trees). If separated from the soil, they could be reserved for the seller (excepta) on the occasion of selling the land. According to another opinion, they always remained in the ownership of the seller unless they were expressly sold together with the land.

Rutiliana actio, constitutio. See actio rutiliana, CONSTITUTE, RUTILIUS RUFUS, USUCAPIO EX RUTI­LIANA CONSTITUTIONS.

Rutilius Maximus. A jurist of the third post-Chris- tian century, author of a one-book-dissertation on the LEX FALCIDIA.

Rutilius Rufus (Publius). A jurist of the first half of the first century b.c., a disciple of the famous republican jurists, Manilius, Brutus, and P. Mucius Scaevola. He was in great demand for juristic opinions (responso,). He was the creator of the actio RUTiLiANA, and perhaps also of the actions granted the patron for services due by his freedmen (see'iUDiciUM operarum) which are attributed to a praetor Rutilius.—See constitute.

Münzer, RE 1A, 1269 (no. 34) ; Orestano, NDI 11, 948.