Roman Law Terms with Letters S

Sabiniani. The name of a school (schola, secta) of legal thought in the first and the early second cen­turies after Christ. The name refers to the famous jurist Massurius Sabinus (see sabinus), a prominent leader of the group.

Kübler, RE 1A (s.v. Rechtsschulen) ; Berger, OCD (s.v. Sabinus) ; G. Baviera, Le due scuole dei giureconsulti rom., 1898; Di Marzo, RISG 63 (1919) 109; Ebrard, ZSS 45 (1925) 134; P. Frezza, Metodi ed attività delle scuole rom. di diritto, 1938; F. Schulz, History of R. legal science, 1946, 119; 338.

Sabinus, Caelius. See caelius sabinus.

Sabinus, Massurius. A famous jurist of the early first century after Christ, head of the school of Sabinians (see sabiniani), author of an extensive, systematic treatise on ius civile which was commented on by later jurists until the third century in works entitled “Ad Sabinum.” The system adopted by Sabinus in his fundamental work followed this scheme : law of successions (testamentary and on intestacy), law of persons, law of obligations and law of things.

Steinwenter, RE 1A, 1600; Berger, OCD; O. Lenel, Das Sabinussystcm (Fg Ihering, Strassburg, 1896) ; F. Schulz, Sabinusfragmente in Ulpians Sabinuskommcntar, 1906; P. Frezza, Osservazioni sopra il sistema di Sabino, RISG 8 (1933) 412.

Saccularius. One who steals money from another’s purse, a pick-pocket. A saccularius was more se­verely punished than an average thief.

Saccus (sacculum). A sack, a money-purse. A deposit of a sealed purse containing money was treated as a normal deposit (depositum).—See depo­situm IRREGULARE.

Sacer. (In sacral law.) Sacred, consecrated to gods. See LOCUS SACER, RES SACRAE, CONSECRATIO, DEDI­CATIO, PECUNIA SACRA, IUS SACRUM.

Ganschinietz, RE IA, 1626.

Sacer. (In earlier penal law.) Some of the oldest provisions of the Roman criminal law established as a punishment for certain crimes the sacratio of the wrongdoer by proclaiming “sacer esto” ( = that he be consecrated to gods, be outlawed). This involved exclusion from the community, from divine and human protection. The death penalty was not in­flicted directly, but killing a sacer homo was not considered murder. Sacratio was decreed for crimes against institutions which were under divine protec­tion, for removing boundary stones (see terminum movere), for fraud committed by a patron against his client, and from the middle of the fifth century b.c. for an injury done to a plebeian tribune. In addition to the sacratio capitis the property of the sacer was forfeited to gods (consecratio or sacratio bonorum).—See interdicere aqua et igni, leges SACRATAE, SACROSANCTUS, SACRAMENTUM, TERMINI MOTIO.

Ganschinietz, RE 1A, 1627; Lecrivain, DS 4 (s.v. sacratio capitis); J. L. Strachan-Davidson, Problems of the R. criminal law 1 (1912) 3; W. W. Fowler, Roman essays, 1920, 115; Groh, St Riccobono 2 (1936) 5; M. Kaser, Das altrom. Ius, 1949, 45.

Sacer. (With reference to the emperor.) Sacred, imperial.

Sacerdotes. A general term for priests. See ponti­fices, FLAMINES, AUGURES, FETIALES, FRATRES AR­VALES, DUOVIRI (DECEMVIRI, QUINDECIMVIRI) SACRIS faciundis, collegia sacerdotum. Under the Chris­tian emperors sacerdotes — ministers of the Church; sometimes sacerdos indicates a bishop (episcopus). In Justinian’s legislative work the term sacerdotes as well as sacerdotium ( = priesthood, the office of a priest), even when quoted from the work of a pagan jurist, is to be understood in the new sense.

Riewald, RE 1A; Chapot, DS 4; Rose, OCD (s.v. priests) ; E. Pais, Ricerchc sulla storia 1 (1915) 27; Carter, The or­ganisation of the Roman priesthoods at the beginning of the Republic, Mem. Amer. Academy in Rome 1 (1916).

Sacerdotes municipales. Priests in municipalities. The municipia had their pontifices, augures, flamines, Pestales, and also priests whose sacral service was connected with a specific municipal deity. The ap­pointment of sacerdotes municipalcs was made by the ordo decurionum (=the municipal council).

Riewald, RE 1A, 1651.

Sacerdotes provinciales. Priests in provinces. Their service was dedicated not only to gods, but also to the worship of the emperor.

Sacerdotium. Priesthood.—See sacerdotes.

Sacra. All kinds of relations between men and gods. The most important domain of the sacra were the sacrifices performed by bodies of public character (including communities) and by private persons. Hence the division into sacra publica and sacra pri­vata. The former were carried out at the expense of the state or other public body {sumptu publico) and on behalf of the people {pro populo) by priests and high magistrates without active participation of the people; the latter were a private affair which con­cerned an individual or a group of individuals {familia, gens').

Geiger, RE 1A; Toutain, DS 4; Severini, NDI 11; G. Wissowa, Religion und Kultus der Romer, 2nd ed. 1912; Bruck, Sem 3 (1945) 4; idem, Scr Ferrini 4 (Univ. Sacro Cuore, Milan, 1949) 6; Biondi, lura 1 (1950) 155.

Sacra familiaria (familiae). Sacra performed on be­half of a family {sacra pro familiis).—See sacra FAMILIA, SACRA PRIVATA.

Sacra gentilicia. See sacra, gens. Syn. sacra pro gentibus. Some of the more influential gentes were assigned the performance of sacred rites on behalf of specific gods usually honored by sacra publica.

G. Castello, St sul diritto familiare e gentilizio, 1942, 25.

Sacra nocturna. Sacrifices and religious ceremonies performed at night. They were not prohibited, but were generally regarded as undertaken for evil pur­poses {sacra impia). The use of magical arts (see magi a) on such occasions was punished by death.

Sacra popularia. Religious festivals arranged for the whole people.

Sacra privata. Sacrifices and religious rites performed “on behalf of individuals, families, and gentes” (Fes­tus 245).—See SACRA.

A. De Marchi, Il culto privato di Roma antica, 1896; R. Lefevre, Des s. p. en droit romain, 1928; Bruck, Scr Ferrini 4 (Univ. Sacro Cuore, Milan, 1949) 6; 35.

Sacra publica. See sacra, ius sacrum, ius ponti­ficium, SACRA GENTILICIA.

Sacrae largitiones. See largitiones sacrae.

Sacramentum. An oath. For oaths in civil trials, see IUSIURANDUM, IURAMENTUM, IURARE.

P. Noailles, Du droit sacre au dr. civil, 1950, 275.

Sacramentum. In the procedure through legis ac­tiones ; see LEGIS ACTIO SACRAMENTO, INIUSTUM SACRAMENTUM.

Levy-Bruhl, Revue des Etudes latines 30 (1952).

Sacramentum. In military and civil service, sacra­mentum = the soldier’s oath of allegiance to the standards. In the Empire the soldiers were sworn in by an oath to the emperor. The violation of the sacramentum ’rendered the offender an outlaw; see sacer. Magistrates and imperial officials {militia civilis) took a similar oath to observe the laws.—In later imperial constitutions, sacramentum = an official post.—C. 10.55.

Klingmuller, RE 1A; Parker, OCD; Cm^,DS 4, 951; A. v. Premerstein, Wesen und Werden des Prinzipats, ABayAW 15 (1937) 73.

Sacrarium. In Justinian’s language, a court-hall.

Sacratio. See sacer, consecratio, res sacrae, leges SACRATAE.

Sacratissimus. Most sacred. This epithet was applied to the emperors and institutions connected with them (see palatium, aerarium) already during the Prin- cipate. Sacratissima constitutio = an imperial enact­ment. In the later Empire churches and ecclesiastical institutions were termed sacratissimae.

Sacrificium. A sacrifice. See sacra. Malum sacri­ficium = a sacrifice in which a human being was the victim {hominem immolare). The offender was punished by death. Heathen sacrifices were for­bidden by the emperor Constantius (a.d. 354, C. 1.11.1). Imperial legislation of the fourth and fifth centuries concerning pagan religious institutions and customs (temples, sacrifices) is found in Justinian’s Code, 1.11.

Latte, RE 9 (s.v. immolatio); Toutain, DS 4, 972; G. Wissowa, Religion und Kultus der Romer², 1912; Eitrem, OCD.

Sacrilegium. Theft of sacred things {furtum sacro­rum) or of res religiosae. Stealing things used for divine service from a temple was punished with death. See quaestiones perpetuae. The offender who committed such a crime = sacrilegus {fur sacrorum). In the later Empire the conception of sacrilegium was somewhat distorted and those “who through ignorance or negligence confound, violate and offend the sanctity of a divine law” (C. 9.29.1) were con-

sidered guilty of sacrilegium. “Divine” is here used in the sense of imperial, issued by the emperor; see divinus. Thus sacrilegium and sacrilegus became rather general terms applied to the neglect or viola­tion of imperial orders or enactments.—D. 48.13; C. 9.29.----- See LEX IULIA PECULATUS.

Pfaff, RE 1A; Cuq, DS 4.

Sacrilegus. See sacrilegium. Sacrorum detestatio. See detestatio sacrorum. Sacrosanctus. The term was applied to plebeian tri­bunes (see tribuni plebis) in indication of their inviolability and sanctity of person. This distinct quality was proclaimed by the plebeians at the very creation of the office and sanctioned solemnly by their oath to the effect that any one who attacked a tribune and hindered him in the performance of his official duties would be considered an outlaw (see sacer) and might be killed by anyone at will. The patrician statute, Lex Valeria Horatia (449 b.c.) confirmed the inviolability of the tribunes. The potestas sacro­sancta of the tribunes was opposed to the imperium of the magistrates. In the later Empire and by Justinian sacrosanctus is applied to the Christian Church and its institutions.—C. 1.2.—See lex iulia,

SCRIPTURAE SACROSANCTAE.

Kiibler, RE 1A; Lengle, RE 6A, 2460; Ronzeaud, Rev. des Et latines, 1926, 218; Groh, St Riccobono 2 (1936) 3; Gioffredi, SDHI (1945) 37.

Saeculares ludi. See ludi saeculares. Saepta. See ovile.

Rosenberg, RE IA.

Sagittarii. Archers, light-armed troops recruited pri­marily among soldiers who came from countries where archery was in use. They were organized in cohortes and alae.

Fiebiger, RE 1A.

Salariarius. A person who received pay for his serv­ices (salarium).—See the following item.

Fiebiger, RE 1A.

Salarium. An honorarium given to persons exercising a liberal profession (ars liberalis), such as physicians, teachers, and the like, who enjoyed high esteem in society. In municipalities the municipal council could grant such persons a yearly salary. Augustus intro­duced a fixed salary for public officials serving in Italy and overseas. The sum was understood to be an allowance for covering living expenses (salarium — money for salt). See cibaria. A similar allow­ance, called vasarium = furniture money, could be assigned by a provincial governor to members of his staff. In the army salarium was paid to so-called evocati ; the regular soldier’s pay = stipendium.— C. 10.37.—See VASARIUM, HONORARIUM, MAGISTER, STUDIA LIBERALIA.

Rosenberg, RE 1A; Lecrivain, DS 4; Marchi, AG 76 (1906) 303; Siber, JhJb 88 (1939-40) 179.

Salarius. See salinae.

Salinae. Salt-works. They were property of the state and were exploited through lease to private persons (conductores salinarum, salarii). The condemna­tion of a criminal to compulsory work in salt-mines was equal to damnatio in metalla.—See metallum.

Bliimmer, RE 1A, 2097; L. Clerici, Econo mia e finanza dei Romani 1 (1943) 463; 472.

Saltuarius. A person charged with the service as guard of a saltus, being in either private or public owner­ship.—See the following item.

Saltus. Woodland-pasture, mountainous place, un- conducive to agricultural exploitation. Later (in the early Principate) the term was used of large estates, public and private (primarily in Africa). Large landed property belonging to the emperor or the imperial family was also called saltus (saltus divinae domus, saltus dominici). Syn. fundus saltuensis.— C. 11.62-64; 66; 67.

Kiibler, RE 18, 3, 2053 (s.v. pascua); Kornemann, RE Suppi. 4, 255; Lecrivain, DS 3, 958; Cicogna, AG 74 (1905) 273, 382; 75 (1905) 59.

Saltus aestivi (hiberni). Pasture lands used only during a part of the year (in winter =saltus hiberni, in summer = saltus aestivi). The lands were con­sidered to be in the continuous possession of the person who used them only during the appropriate season.

Salva rerum substantia. See ususfructus.

Salvianum interdictum. See interdictum salvia­num.

Salvum fore recipere. See receptum nautarum.

Salvus. Safe, uninjured. Salvo iure = without preju­dice, without detriment to one’s right (e.g., salva Falcidia).

Sancire. To ordain (by a statute = lege, by an edict = edicto, by custom = moribus), to enact (e.g., prin­cipes sanxerunt). Sanciri = to be established, sanc­tioned (by law, etc.).

Sanctimonialis. A nun.—C. 9.13.—See raptus.

Sanctio (legis). A clause in a statute which strength­ens its efficacity by fixing a penalty for its violation, by forbidding its derogation through a later enact­ment, or by releasing from responsibility any one who by acting in accordance with the statute vio­lated another law. The purpose of the sanction clause was to settle the relation between the new statute and former and future legislation. Thus the sanctio could also state that a previous statute remained fully or partially in force without being changed by the new one.—See lex, leges perfectae, sanctus.

Kiibler, RE 1A; Rotondi, Leges publicae populi Rom., 1912, 151; Gioffredi, Archivio penale 2 (1946) 166.

Sanctio pragmatica. See pragmatica sanctio.

Sanctio pragmatica pro petitione Vigilii. An enact­ment by Justinian, issued in 554 at request of Pope Vigilius, on the legal order in Italy (after the libera-

ADOLF BERGER

tion of Rome from the Goths). By this enactment Justinian ordered that his existing legislative work (the Institutes, the Digest and the Code) and all his later enactments should be in force in Italy.

Edition: App. VII in the edition of Justinian’s Novels {Corpus iuris civilis, 3) by Scholl and Kroll (fifth ed. 1928) ; M. Conrat (Cohn), Gesch. der Quellen und Liter a- tur des rom. R. im Mittelalter, 1891, 131.

Sanctus. “What is defended and protected against injury by men” (D. 1.8.8) and “what is neither sacred (sacrum) nor profane, but is confirmed by a kind of sanction (sanctio) without being conse­crated to a god” (D. 1.8.9.3). See res sanctae. Laws are called sanctae since they are supported by a sanctio.

Sane. Certainly, of course, to be sure. The word occurs in texts suspected of interpolation.

Guarneri-Citati, Indice² (1927) 79.

Sanguis. Blood. Poena sanguinis = the death penalty, hence in sanguine = in a criminal matter in which the accused is threatened by the death penalty.—See cog­natio, IUS SANGUINIS, CONSANGUINEUS.

Sapiens. See SEMPRONIUS.

Sarcinator. A mender of clothes. He was liable for custodia of the clothes which had been given him for repair.

Sarcire. To repair. See damnum (noxiam) — to make good damages, losses, to indemnify.

Satio. Sowing seed. The product belongs to the owner of the land even when another’s seed was used.—See PLANTA, SUPERFICIES CEDIT SOLO.

Satis. Enough, sufficient, satisfactory. When con­nected with a verb (see the following items), satis refers primarily to security given by the debtor and accepted by the creditor. In connection with dare (datio) and facere (factio) satis is written either separately (satis dare, satis facere) or joined with the pertinent verbs or nouns (satisdare, satisfacere, satisdatio, satisfactio).

Satis accipere. Used of a creditor who is satisfied with a debtor’s performance, with his formal promise (stipulatio) or with the securities or sureties offered by him (satisdationem accipere). The corresponding term for the debtor is satisfacere.

Satis desiderare. To demand a security from a debtor; syn. satis exigere, postulare, petere.

Satis facere (satisfacere). See satis accipere, satis­factio.

Satis offerre. To offer sufficient security to one’s creditor.

Satisdatio (satisdare). Security given to the creditor by a debtor through a personal guaranty assumed by a surety (sponsor, fideiussor). Satisdatio is opposed to a simple promise (nuda promissio, repromissio) by the principal debtor and to a security given in the form of a pledge. The usual satisdationes which were a form of a cautio, are dealt with under cautio ;

[TRANS. AMER. PHIL. SOC. see also the following items.—Inst. 4.11; 1.24; C. 2.56.

Steinwenter, RE 2A; Severini, NDI; R. De Ruggiero, Satisdatio e pigneratio nelle stipulasioni pretorie, St Fadda 2 (1906) 101.

Satisdatio de opere restituendo. See operis novi NUNTIATIO.

Berger, lura 1 (1950) 117.

Satisdatio legatorum. See cautio legatorum causa. Satisdatio pro praede litis et vindiciarum. See cau­tio PRO PRAEDE LITIS ET VINDICIARUM.

Satisdatio rem pupilli salvam fore. See cautio rem PUPILLI SALVAM FORE.

Satisdatio secundum mancipium. A guarantee con­nected with mancipatio, probably a formal promise (stipulatio) by the seller to deliver the immovable alienated with all proceeds and profits he had derived therefrom in the time between the mancipatio and the effective delivery.

Meylan, RHD 26 (1948) 1 (Bibl.).

Satisdatio suspecti heredis. A security by sureties, required by the creditors of an heir who was thought to be unable to pay the debts of the deceased. In case of refusal the creditors might obtain possession (missio in possessionem) of the heir’s whole prop­erty. See HERES SUSPECTUS.

S. Solazzi, Concorso dei creditori 1 (1937) 98.

Satisdatio usufructuaria. See cautio usufructua­ria.

Satisdationem accipere. See satis accipere.

Satisdato cavere (defendere, promittere), satis­dare (= to give a surety).

Satisdator. A surety.—See satisdatio, fideiussor.

Satisfacere (satisfactio). Generally to fulfill another’s wish, to gratify the desire of a person; when used of a debtor = to carry out an obligation whatever is its origin (a contract, a testament, a statute). At times satisfacere is opposed to the effective fulfillment (payment, solutio) of an obligation and refers to other kinds of extinction of an obligation, in particular to giving security (in any form). Hence the saying: “satisfactio pro solutione est” (satisfactio takes the place of solutio, D. 46.3.52) and: “under the term solutio any kind of satisfaction (of the creditor) is to be understood” (D. 50.16.176).—See solutio, satis­datio.

Grosso, Remissione del pegno e s., ATor 65 (1930) ; Bra- siello, StSen 52 (1938) 41.

Saturninus, Claudius. A jurist of the second half of the second century after Christ, author of a mono­graph on penalties of which a long excerpt is pre­served in the Digest (48.19.16). His identification in the index Florentinus with Venuleius Saturni­nus is not reliable.

Jors, RE 3, 2865 (n. 333).

Saturninus, Quintus. A jurist mentioned twice by Ulpian, once as the author of a commentary on the Edict. He is perhaps to be identified with Venuleius Saturninus.

H. Krüger, GrZ 41 (1915) 318.

Saturninus, Venuleius. See venuleius.

Saxum Tarpeium. See deicere.

Scaenicus. An actor; scaenica — an actress. Syn. histrio. See ARS LUDICRA, MINUS, PANTOMIMUS. Ludi scaenici (= theatrical performances) played an important part among the ludi publici under the Republic.

Habel, RE Suppl. 5, 610.

Scaevola, Quintus Cervidius. A famous and most original jurist of the second half of the second post­Christian century. He was a legal adviser of Marcus Aurelius and teacher of the jurist Paul and perhaps of Papinian. His works (Quaestiones in 20 books, Responsa in 6 books, and Digesta in 40 books) are predominantly of casuistic nature. Many of his responsa deal with provincial cases. A sagacious and independent mind, Scaevola wrote his opinions in a very concise and dogmatic manner, often without any argumentation. He wrote also Notae to the Digesta of Julian and Marcellus.—See quaestio domitiana. Jörs, RE 3 (s.v. Cervidius, no. 1); Orestano, NDI 11, 1158; Berger, OCD 798 (no. 5); Samter, ZSS 27 (1906) 151; Schulz, Über lie ferungsgesch. der Responsen des C. S., Syrnb Lenel, 1931, 143; Sciascia, Le annotazioni ai Digesta e Resp. di S., AnCam 16 (1942-44) 87.

Scaevolae. For Scaevolae of the gens Mucia, see MUCIUS.

Scheda. A written draft of a document to be copied for the original document. It was binding when written by a notary (see tabellio).

Schola. Used with reference to the schools of Sabi- nians and Proculians; see sabiniani. Syn. secta. It is only Gaius who frequently speaks of the Sabi- nians as his school (nostrae scholae auctores) and of the Proculians as diversae scholae auctores. The two schools of legal thought are mentioned as scholae only by one other jurist (Venuleius), and Justinian follows Gaius’ terminology sporadically in his Insti­tutes.

Scholae. (In the later Empire.) From the fourth century on the term scholae is applied to larger groups of persons in military service or officials or­ganized in military fashion (see militia) under the command of a tribunus or a praepositus. In particu­lar, officials of the imperial palace or attached to the person of the emperor as his bodyguards and the agentes in rebus were united in scholae (see scholae palatinae). Scholares = members of such scholae.—C. 12.29.—See scholae palatinae.

Cagnat, DS 4, 1122; E. Stein, ZSS 41 (1920) 194.

Scholae palatinae. Military units or militarily organ­ized groups in the service of the emperor, stationed either in the imperial palace or in its neighborhood. They stood under the supervision of the magister officiorum and were commanded by a tribunus or a comes. The members of the scholae palatinae re­ceived a higher stipend than ordinary soldiers did, and they enjoyed special privileges. They replaced the earlier praetoriani as bodyguards of the Emperor.

Seeck, RE 2A; Babut, Rev. historique 114 (1913) 230. Scholares. See scholae.

Babut, Rev. historique 114 (1913) 258; P. Collinet, La procedure par libelle, 1932, 415.

Scholasticus. (In the later Empire.) An advocate, a lawyer who assisted a party during a trial or served as a legal counselor of a high officer. Sometimes he assumed an official function, such as of a defensor civitatis or judge.

Preisigke, RE 2A, 624.

Scholia Sinaitica. A collection of brief comments on some parts of Ulpian’s work Ad Sabinum. A manu­script thereof was discovered on the Mount Sinai. It is a pre-Justinian work, containing quotations from the latest classical jurists (Ulpian, Paul, Modestinus, and others) and from the three Codes (Gregorianus, Hermogenianus, Theodosianus). The unknown au­thor might have been a teacher in one of the law schools in the Eastern Empire. Some additions were perhaps inserted after the publication of the Digest. Editions: Kiibler in Huschke’s lurisprudentia anteiustini- ana 2, 2 (sixth ed., 1927, 461); Baviera, FIR 2 (second ed. 1940) 461; Girard, Textes de droit rom. (sixth ed. by Senn, 1937) 609.—Winstedt, CIPhilol 2 (1907) 201; Ricco- bono, BIDR 9 (1896) 217; idem, AnPal 12 (1929) 550; Peters, Die ostrbm. Digestenkommentare, BerSachGlV 65 (1913) 90.

Scholia. To the Basilica, see basilica.

Sciendum est. It should be understood. This is a favorite locution of many jurists to introduce an important, general legal rule. The locution is fre­quently strengthened by in summa (= generally speaking on the whole), generaliter, and the like.

Sciens. One who has knowledge, one who does some­thing knowingly (that it is forbidden or invalid). At times, sciens is syn. with conscius (see conscien- TIA).—See SCIENTIA.

Sciens dolo malo. See dolus malus.

Scientia. Knowledge. The term refers both to a professional knowledge (as, e.g., scientia iuris, sci­entia artis) and to the knowledge of a fact, of an­other’s doing, of a specific legal provision, etc. Ant. ignorantia.

Scientia domini. The master’s knowledge of a wrong­doing about to be committed by his slave. In certain circumstances scientia domini could be considered as complicity and the master could not free himself from responsibility by delivering the slave (noxae deditio).

H. Levy-Bruhl, Nouvelles etudes sur le tr£s ancien dr. rom., 1947, 128.

Scientia iuris (civilis). Knowledge of the law. Sci- entiam iuris profiteri = to exercise the profession of a jurist. For the lack of knowledge of legal norms involved in a specific case, see ignorantia iuris. In order to avoid the harmful consequences of the ignorance of the law, one had to consult a professional lawyer, since “scientia iuris is the knowledge one has by himself or may acquire by consulting persons more learned in law (prudentiores)D. 37.1.10.

Scientia iusti et iniusti. The knowledge of what is just and what unjust. Appears in the definition of jurisprudentia by Ulpian (D. 1.1.10.2).

Scientia legitima. See scientia iuris.

Scilicet. Of course, certainly, evidently, to be sure. See id est. Some phrases introduced by scilicet may have originated in marginal, explanatory glosses which later copyists inserted in the text of a juristic writ­ing, and which subsequently were copied by the com­pilers of the Digest.

Guarneri-Citati, Indice² (1927) 80.

Scipio Nasica (Gaius). A highly estimated jurist of the second century b.c. According to a (not fully reliable) remark by Pomponius he was offered a house at public expense in order to make him readily accessible for consultation.

Miinzer, RE 4, 1501 (no. 353).

Scire. See scientia, sciens, sciendum est.

Scire leges. See interpretatio.

Scitum. A decree, an ordinance, a generally recog­nized legal rule.—See plebiscitum.

Scriba. A clerk in a court or in an office, a secretary (in an association, collegium'). The scribae in a magisterial office (scribae aedilicii, tribunicii, quaes­torii) belonged to the subordinate personnel, the apparitores. Municipal magistrates had also their scribae. A scriba is to be distinguished from a librarius who was simply a copyist. When a scriba performed the tasks of a librarius, his title was scriba librarius.—C. 10.71.—See apparitores.—See pon­tifices Minores.

Kornemann, RE 4, 423; 4A; Lecrivain, DS 4; Jones, JRS 39 (1949) 38.

Scriba quaestorius (or ab aerario). A clerk in the office of a quaestor. Among the magisterial clerks the scribae quaestorii were the most important; they were the bookkeepers of the treasury (see aerarium) and, in view of the many tasks they had to fulfill in connection with the financial administration, the most numerous (6).

Kornemann, RE 2A, 850.

Scribendo adesse. When a record of the passing of a senatusconsultum was written, several senators were present (“scribendo adjuerunt”) to assure the accuracy of the written text.

Scribere. To write. Used of all kinds of public and private announcements or declarations made in writ­ing. Scribere refers both to what the praetor pro­mulgated in his edict or a provincial governor in his ordinances and letters, and to what the emperor ordained in his enactments. Scribere is used of all written legal documents (testamentum, instrumentum, chirographum, etc.). Quotations from juristic writ­ings are also introduced by scribere (“Labeo scribit”) with or without indication of the work from which the quotation was taken.—See the following item, SCRIPTURA.

Klingnriiller, RE 1A.

Scribere heredem (tutorem, exheredem). To insti­tute an heir (to appoint a guardian, disinherit a person) in a testament. Hence heres scriptus = an heir instituted in a testament. Ant. heres legitimus. Scrinia. Subdivisions of the “bureaus of the imperial chancery in the later Empire. Literally the term indicates the buckets in which the official papers were stored. The chiefs of those offices, which were called also sacra scrinia, the magistri, proximi, comites, were subject to the magister officiorum. The various scrinia were indicated by an additional term as to their specific functions, e.g., scrinia epistularum, libel­lorum.—See the following items.—C. 12.9.

Seeck, RE 2A; Lecrivain, DS 4.

Scriniarii. Officials employed in the scrinia.—C. 12.49.

Seeck, RE 2A, 894; Jones, JRS 39 (1949) 54.

Scrinium a memoria (memoriae). A bureau in the imperial chancery which, under the direction of the magister (sacrae) memoriae, performed the secre­tarial work on all decisions in writing, letters, ap­pointments, and orders issued by the emperor.

Seeck, RE 2A, 897.

Scrinium dispositionum. See comes dispositionum. Seeck, RE 2A, 909.

Scrinium epistularum. Under the direction of a magister epistularum, in the later Empire this re­placed the former office ab epistulis.

Seeck, RE 2A, 898; Rostowzew, RE 6, 210.

Scrinium libellorum. An office in the imperial chan­cery in the later Empire concerned with all kinds of petitions (libelli) addressed to the emperor. Libel­lensis — an official in this bureau.

Seeck, RE 2A, 899.

Scrinium memoriae. See scrinium a memoria.

Scripta. Things written (e.g., a testament, document, juristic writing). A legal transaction (act) is termed sine scriptis when concluded only orally, without a written instrument.—See scriptura, instrumentum.

Scriptor testamenti. The person who wrote a testa­ment for a testator. He might also serve as a wit­ness to the will.—C. 9.23.—See quaestio Domi­tiana, testis ad testamentum adhibitus.

Scriptura. A written document (a receipt, an ac­knowledgment of a debt, a testament, a contract, etc.). Syn. in scriptis, instrumentum. Ant. sine scriptura, sine scriptis. Generally a scriptura was made for the purpose of evidence. In postclassical times written acts became more and more usual. In Justinian’s law certain transactions had to be con­cluded in writing to be valid. Scriptura is also used of a single disposition of a written last will. For scriptura in Justinian’s language, see litterarum OBLIGATIO.

Μ. Kroel, Du role de Vecrit dans la preuve des controls, These Nancy, 1906; L. De Sarlo, Il documento come og- gctto di rapporti, 1935, 63; Archi, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 19.

Scriptura. (With reference to a jurist.) An opinion expressed by a jurist (scriptura Sabini, luliani) in a published work.

Scriptura. (In administrative law.) A fee paid for the use of public pasture land.

Kübler, RE 2A; Rostowzew, DE 2, 582; L. Clerici, Eco­nomia e finanza dci Romani, 1 (1943) 453.

Scriptura exterior—interior. See diptychum.

Scriptura legis (senatusconsulti). The written text, or a single proviso of a legal enactment (a senatus­consultum).

Scripturae Sacrosanctae. Holy Writ. Justinian or­dered (C. 3.1.14.1) that in all kinds of courts the judges (omnes omnino iudices Romani iuris discep­tatores = all judges who decided according to Roman law) should not start the proceedings until a copy of the Scriptures was deposited in court, where it had to remain until the end of the proceedings.

Scripturarius ager. See ager scripturarius.

Burdese, St sull’ager publicus, MemTor Ser. II, 76 (1952) 36, 90.

Scutarii. Heavily armed bodyguards of the emperor in the later Empire. They were among the scholares of the SCHOLAE PALATINAE.

Seeck, RE 3A, 621.

Secare partes. This expression occurred in the Twelve Tables in connection with the creditors’ right of exe­cution on the person of a debtor in default. The pertinent provision as related by Gellius (Nodes Att. 20.1.52) ordained: “on the third market day they (scil. the creditors) might cut [the debtor] to pieces; cutting more or less [of the body of the debtor] would not be a fraud.” The meaning of the phrase is not beyond any doubt; it seems to allude to an old custom of bringing an insolvent debtor to the market on three consecutive market days and pronouncing publicly what he owed, in order to give his relatives and friends an opportunity to pay for him. If they did not, the creditors were authorized to kill him. Whatever the meaning of this provision, literary sources note that no instance of such a cruelty on the part of creditors was known.

Riccobono, FIR l² (1941) 33 (ad Table 4.6; Bibl.); F. Kleineidam, Die Personalexecution der Zwölf Tafeln, 1904, 224; J. Kohler, Shakespeare vor dem Forum der Jurispru­denz (1919) 50; Radin, AmJPhilol 43 (1922) 32; H. Levy-Bruhl, Quelques problemes du tres ancien dr. rom., 1934, 152; Düll, ZSS 56 (1936) 289; G. I. Luzzatto, Pro­cedura civile rom., 2 (1948) 36; Georgescu, RIDA 2 (1949) 367; Kaser, Das altröm. Ius, 1949, 187.

Secretarium. A closed court-hall (in the later Em­pire) in which trials were held and judgments ren­dered. Syn. secretum. These terms allude to a time when proceedings were held in secret and the public was separated from the court by a curtain (velum) which was lifted only in specific cases. Constantine ordered that proceedings be public.

Seeck, RE 2A, 279; Mommsen, Rom. Strafrccht, 1899, 362. Secretum. See secretarium.

Secta. A group of followers of a school of thought (seda studiorum). Syn. schola. See sabiniani.— Secta means also a religious sect, primarily with reference to heretics. See haeretici. The follow­ers of a sectarian religious doctrine = sedatores.

Sectatores. In religious matters, see secta.

Sectatores. Adherents of a candidate to a magistracy who used to accompany him in public during the campaign period in order to impress the voters. The custom was condemned by some statutes against ambitus, as an unfair practice.

Fluss, RE 2A.

Sectio bonorum. The purchase of confiscated property sold by the fisc at public auction in a lump. The

• purchaser = sector bonorum. The institution is not well known; in Justinian’s time it no longer existed. If some items among the confiscated property were still held by a private individual, the sector was granted a special interdict, the so-called interdidum sectorium under which he obtained possession of the things in question.

Leonhard, RE 3 (s.v. bonorum s.) ; Berger, RE 9, 1669 (no. 50) ; Humbert, DS 1 (s.v. bonorum s.) ; Klingmuller, RE 2A, 892; O. Lenel, E dictum perpetuum³ (1927) 456; Rotondi, CentCodPav. 1934, 103; Solazzi, Concorso dei creditori 1 (1937) 242.

Sector. See SECTIO BONORUM, AUCTIO.

Secundae nuptiae. A second marriage. The conclu­sion of a second marriage after the dissolution of the previous marriage through death or divorce, was generally permitted—to men, without restrictions, to women (originally only widows, and later also di­vorced women) after ten months (later one year). See luctus, turbatio sanguinis. Augustus’ legis­lation (see LEX iulia de maritandis ordinibus) fostered even second marriages by inflicting financial disadvantages to unmarried and childless persons. Under the influence of Christianity the later imperial legislation became unfavorable to second marriages. From the fourth century on, it imposed upon men and women married a second time various restrictions of a financial nature in favor of children born of the first marriage.—C. 5.9; Nov. 22.—See univira.

Secundae tabulae. See testamentum pupillare.

Secundarium interdictum. See interdictum secun­DARIUM.

Secundocerius. See primicerius.—C. 12.7.

Secundum. In favor of, according to, e.g., to render a judgment in favor of the plaintiff (secundum ac­tor em), to decide according to the testament (secun­dum tabulas) in favor of the heir. Ant. contra.

Secundum tabulas (sc. testamenti). According to the testament. Ant. contra tabulas.—See bonorum

POSSESSIO SECUNDUM TABULAS.

Securitas. Security, guaranty. Securitas rei publicae (publica) = the security of the state, public safety.

Securitates. In the meaning of receipts, syn. with apochae. They attested the debtor’s discharge of his debts. Official securitates were issued for the dis­charge of compulsory public services (munera).

Securus. Irresponsible, free from responsibility, not exposed to an action or exception. Juristic decisions to the effect that a person is securus (— secure) meant that he need not fear a suit or judicial prosecution. Securus was also used of a creditor who received sufficient securities (pledge, sureties) from his debtor. Secutores. Soldiers, attendants (orderlies) assigned to the personal service of high military commanders, military tribunes, etc. Naval commander had also their secutores.

Fiebiger, RE 2A.

Sedes. With reference to private persons, residence. Syn. domicilium. With reference to imperial offices (in the language of the imperial chancery), the office itself. Sedes urbana (or urbicaria) = the office of the praefectus urbi. Sedes praetoriana = the office of the praefectus praetorio. The emperors, in address­ing high government officials, used to call their office “sedes vestra.”—See excelsa sedes.

Seditio. Open resistance, an uprising of a rather large group of persons with the use of—armed or unarmed —force against magistrates; a violent disturbance of a popular assembly or of a meeting of the senate. Leaders and instigators (auctores) were punished by death. The participants (seditiosi) were tried under the Lex Julia de vi, or for crimen maiestatis. A sedi­tion in the army (mutiny) was treated with particular severity. Vociferous demonstrations or complaints of soldiers, although called also seditio, were milder punished.

Pfaff, RE 2A; Humbert and Lecrivain, DS 3, 1558.

Seditiosi. Those who participated in a sedition (see seditio) and, according to imperial constitutions, those who incited the lower class of the people (plebs) against “the public order” (C. 9.30.1).— C. 9.30.

SeiUS. See NOMEN.

Sella curulis. See magistratus curules, subsellium.

Semel heres semper heres. “Once an heir always an heir.” One who at law or by entry into an inheritance (see aditio hereditatis) became an heir of a deceased person, remained his heir (see heres) forever. Therefore an heir could not be appointed for a limited period.

C. Sanfilippo, Evolusione storica deli hereditas, 1946, 93; Ambrosino, SDH I 17 (1951) 222.

Semenstria. See commentarii principum.

Semenstris pensio. Payments (e.g., rents) in six- month-installments.

Semis. See EX ASSE, USURAE SEMISSES.

Sempronius. See nomen.

Sempronius. An unknown jurist of the third century b.c. (consul 305 b.c. ?), popularly known by the Greek epithet Sophos ( — Sapiens) because of his profound knowledge of the law.—A similar cäse is that of the also unknown jurist, Publius Atilius (he appears in Cicero as Lucius Acilius), of the second century b.c., who was honored with the title of Sapiens.

Münzer, RE 2, 1437 (no. 85); Klebs, RE. 1, 252; W. Kunkel, Herkunft und soziale Stellung der röm. Juristen, 1952, 6, 10.

Semuncja. One twenty-fourth part of a whole (e.g., of an inheritance).—See as, ex asse.

Senaculum. The place where the senate gathered. Originally, it was an open place in the forum, later a building (a curia or temple).

Klotz, RE 2A.

Sena�?tores. Members of the senate. See patres. After the admission of plebeians to the senate (the time cannot be exactly fixed, probably at the begin­ning of the Republic), a distinction between the patri­cian and plebeian members of the senate was reflected in the expression patres (et) conscripti by which the senators were addressed, the term coniscripti seem­ingly referring to the plebeian senators (conscripti = enrolled in the list of senators, see patres con­scripti). The LEX PUBLILIA PHILONIS (339 B.C.) abolished the differentiation between patrician and plebeian senators. In the later Republic a kind of hierarchy among the senators came into existence, based on the magistracies the senators. (ex-magis­trates) had held before. Those who had been magis­trate curules (ex-consuls, ex-praetors, ex-aedils) preceded those who had held other offices (ex-tribunes, ex-aedils of the plebs) or none at all. Before the lex ovinia (318-312 b.c.) senators were nominated by the consuls or by the extraordinary magistrates (dictators) temporarily replacing the consuls. Ac­cording to an early custom, ex-magistrates of high rank became automatically members of the senate; after the Lex Ovinia, by which the censors were entrusted with the selection of the senators, that custom became a fixed rule. Eligible for member­ship in the senate were only Roman citizens who were free-born or sons of free-born fathers. Excluded were women, persons condemned in an actio famosa and branded with infamy, persons who practiced an ignominious profession, and bankrupts. The age of a newly-appointed senator varied according to the magistracy he had held; see magistrate. The youngest were the ex-quaestors (over thirty-one). Under Augustus the minimum age was lowered to twenty-five. The financial independence of the sena­tors who generally came from the wealthiest families, was guaranteed by the requirement of a minimum property which was fixed by Augustus at one mil­lion sesterces. Senators were forbidden to partici­pate in a business enterprise; see lex claudia.— D. 1.9; C. 3.24.—See senatus (Bibl.), ordo sena­torius, SENATUM COGERE.

Senatores. (In municipalities.) Members of the mu­nicipal council {ordo decurionum). Syn. decuriones. Kiibler, RE 14, 2321.

Senatores ab actis senatus. Senators entrusted by the emperor with the edition and custody of the acta SENATUS.

Senatores nondum lecti. Ex-magistrates not yet selected by the censors for the senate.

Senatores pedarii. The term is not quite clear; its origin was obscure to ancient writers, as related by Gellius {Noct. Att. 3.18). Senatores pedarii were either senators who had held a lower, non-curule magistracy or ex-magistrates who had not yet been enrolled into the list of senators by the censors. The term pedarii was perhaps connected somehow with the senate’s way of voting by a division of the voters {pedibus in sententiam ire, see discessio). The senatores pedarii could participate only in this form of voting and were excluded from taking part in discussion.—S^e MAGISTRATUS CURULES, LECTIO SE­NATUS.

O’Brien-Moore, RE Suppl. 6, 680; M. A. De Dominicis, Il ius sententiae nel senato rom., 1932.

Senatorius. Connected with, or pertaining to, sena­torial rank (e.g., nuptiae, ornamenta, dignitas, ordo, etc.). See ORDO SENATORIUS.

Senatu movere. See movere (de) senatu, nota cen­soria, lectio senatus. The censors could refuse the admission of an ex-magistrate who according to his rank was eligible to the senate, by omitting his name {praeterire) from the list of senators.

O’Brien-Moore, RE Suppl. 6, 763.

Senatum cogere (convocare, vocare). To convoke the senate. See senatum habere. Senators were required to reside in Rome and to attend the meet­ings. They were subject to fines for unjustified absence.

Senatum consulere. See senatusconsultum.

Senatum dare. To give persons (e.g., foreign em­bassies, delegations from provinces, provincial gov­ernors) the opportunity of being heard by the senate by convoking it for'this purpose.

Senatum habere. To'convoke the senate in order to present an important matter.to the senators (e.g., to propose a law, to ask for an opinion). The convok­ing magistrate presided over the meeting.—See se­natum DARE.

Senatum mittere (dimittere). To declare a meeting of the senate adjourned.

Senatus. The senate was one of the earliest Roman constitutional institutions; it remained in existence throughout the entire history of the Roman state, not, of course, without fundamental changes in its struc­ture and its legal and political importance. For the senatus in the regal period, see rex. In the Re­public, the senate became the most important organ of foreign and internal policy. Its activity was not fixed by a written law; in particular, its rights with respect to the popular assemblies {comitia) on the one hand, and to the magistrates on the other, were not defined by statutes. The pertinent rules were customary law. In the field of foreign relations the senate received foreign ambassadors and ap­pointed embassies for missions abroad. Decision concerning war and peace lay with the people (see leges de bello indicendo), but a previous opinion of the senate was binding. In case of war the senate appointed the commanders for the various fronts and designated the armed and naval forces therefor. In­competent generals were removed by the senate. Treaties with foreign countries were concluded by the Senate but had to be ratified by a popular assembly. In financial matters the senate decided about taxes, the sale of public land {ager publicus), expenses for conducting a war, for sacred institutions, and the like; it supervised the administration of public funds (see aerarium populi romani). The senate also had the control of the religious life, and could institute the cult of new deities. In matters of internal policy the senate functioned as an advisory body {sententiam di cere) to the high magistrates (consuls, praetors). The magistrates who had the right of convoking the senate {ius agendi cum patrib us, in the Republic con­suls, praetors, dictators, and later the plebeian tri­bunes) submitted to the senators for their opinion proposals for new laws, administrative measures of major importance, problems concerning the political life of the state, and the like, but such consultation was only customary, not mandatory. Nor was the advice of the senate binding upon the magistrates. A clause “si magistratibus videbitur” (= if the magis­trates deem it right) made compliance with the sen­ate’s advice officially optional. Normally, however, the advice was followed, since it was not in the in­terest of the magistrate to provoke a conflict with the senate. For the administration of provinces, see pro­vincial senatus. Only members of the senate (originally 300, later 600, under Caesar 900, in the Empire 600 again) were admitted to the meetings of the senate, which took place with the doors of the meeting house open but with the public excluded. In the Principate the senate obtained legislative func­tions (see senatusconsulta) and jurisdiction in criminal matters, primarily in crimes involving the state. Formally the senate elected the emperor (see princeps, lex de imperio). It also obtained the right to appoint the magistrates, but this right in the course of time lost its importance since the em­perors used to nominate candidates (see candidati caesaris) and the senate’s approval became a mere formality. Gradually the senate was compelled to give up much of its independence, and its powers and activity depended, in fact, upon the attitude of the reigning emperor. In the late Empire the importance of the senate declined continuously with the increase in the autocratic power of the emperor. Its func­tions, as far as they were exercised àt all, became a pure formality, as did also the election of the emperor, which was performed to carry out the wishes of the army leaders. The supreme authority being vested in the emperor, the senate with its exorbitant num­ber of members (2,000) was nothing more than a municipal council of Rome (and Constantinople, since Constantine created a second senate there), with a specific competence in conferring honorific titles and distinctions.—See senatores, senatusconsulta, AMPLISSIMUS ORDO, ORDO SENATORIUS, PATRES, AUC­TORITAS PATRUM, INTERREGNUM, PRONUNTIARE SENTENTIAM, PLEBISCITA, LECTIO SENATUS, SENTEN­TIAM ROGARE, CLARISSIMUS, ACTA SENATUS, ACCLA­MATIO, ALBUM SENATORUM, ADLECTIO, MOVERE DE SENATU, COMMENDARE, IUSTITIUM, IUS ANULI AUREI, LEX MAENIA, LEX PUPIA, PRODITIO, SOLUTIO LEGIBUS, SOLIS OCCASUS, DISCESSIO, INTERROGATIO, RELATIO, LEGATI DECEM, VERBA FACERE, DECURIA, and the fore­going and following items.

O’Brien-Moore, RE Suppl. 6; Lécrivain, DS 4; Volterra, NDI 12 ; Momigliano, OCD ; P. Willems, Le sénat de la Rép. rom. 1-3 (1883-1885) ; Th. A. Abele, Der Senat unter Augustus, 1907; Homo, Rev. Historique 137 (1921) 161, 138 (1922) 1; P. Lambrechts, La composition du Sénat rom. 117-192 de l’accession au tróne d’Hadrien, 1936 ; idem, La composition du Sénat rom. de Septime Sevère à Dio- clétien, 1937 ; idem, Studien over Romeinsche instellingen, I. De Senaat, 1937 ; S. J. De Laet, La composition du Sénat rom. 193-284 A.D., Budapest, 1937 {Dissert. Pannonicae I, 8) ; idem, La composition du Sénat rom. 28 B.C.-68 A.D. {Travaux Fac. Philos. Gand, no. 92), 1941 ; E. Stein, Dis- parition du Sénat à la fin du sixième siècle, Bull. Acad. Bclg. 25 (1939) 308; G. Nocera, Il potere dei cornisi, 1940, 243 ; De Francisci, Rend. Accad. Pontificia di Archeologia, 1946-47, 275.

Senatus legitimi. Regular meetings of the senate, nor­mally twice in a month. Extraordinary sessions were frequently convoked, especially by the emperors.

Senatus municipalis (municipii). See ordo decu­rionum.

Kiibler, RE 4, 2319; Lécrivain, DS 4; H. U. Instinsky, 5. im Gemeinwesen peregrinen Rechts, Philol 96 (1944).

Senatus populusque Romanus (abbr. S.P.Q.R.). A traditional formula, applied in officiai acts to indicate the government of the Roman state (in the Republic and even in the early Principate). It stresses the part of the Roman people in the organization of the government as a constitutional organ equal to the role of the senate. The abbreviation is preserved in many inscriptions.

Mommsen, Rom. Staatsrecht 3, 2 (1888) 1257; H. Dessau, Inscriptiones Latinae Selectae, 3, 1 (1914) 589; G. Nocera. Il potere dei cornisi, 1940, 244.

Senatusconsulta. Decisions, decrees of the senate issued in response to requests for advice (senatum consulere) from one of the high magistrates (consul, praetor, tribunus plebis, under the Principate the praefectus urbi) who after presenting the matter (verba facere) asked the senators for their individual opinions. From the very beginning a senatusconsul­tum was what the name expresses: an advice to the magistrate requesting it. The magistrate normally followed the advice in exercising his functions or incorporated it into his edict giving a more binding character thereto. Some of the republican senatus­consulta made reference to previous statutes and plebiscites. For the indirect influence of the senate on the legislative activity of the popular assemblies, see auctoritas senatus. As to the legislative force of the senatusconsulta, there is no doubt that about the middle of the second century after Christ the senatusconsulta acquired the legal force of statutes, as attested by Gaius (Inst. 1.4) : “Senatusconsultum is what the senate orders and decrees; it has the force equal to that of a statute (legis vicem optinet) al­though this has been questioned.” This remark sug­gests that under the Republic and the early Principate the senate had no legislative power. Accordingly, one century later, Ulpian stated (D. 1.3.9) : “it is beyond doubt that the senate can make the law.” From the third century b.c. it became customary to write the decrees of the senate and to deposit a copy in the aerarium saturni where they were preserved under the supervision of the aedils. More important senatusconsulta were inscribed on bronze tablets posted in public. Under the early Principate the senatusconsulta superseded the comitial legislation, but were later in turn superseded by imperial enact­ments. The senatusconsulta were usually named after the proposer (a magistrate or imperial official). The senatusconsulta concerned various matters; a considerable number of them dealt with private law. —D. 1.3.—See ORATIO PRINCIPIS, SENATUS, LEX VALERIA HORATIA, IMMUNITAS, CENSERE, SCRIBENDO adesse, publicatio legis, and the following items.

O’Brien-Moore, RE Suppl. 6 (1935) ; Lecrivain, DS 4; Volterra, NDI 12; Momigliano, OCD; Loreti-Lorini, 5/ Bonfante 4 (1930) 377.

Senatusconsultum Acilianum. Forbade legacies of things which were joined to buildings as their orna­ments (e.g., statues, sculptures, vases). The purpose of the senatusconsultum was to protect buildings from loss of their embellishment. In practice the senatus­consultum was also applied to sales of such things. The name Acilianum is not preserved in the sources; it was coined in the literature from the name of one of the consuls, Acilius Aviola, under whose consul­ship the senatusconsultum was passed (a.d. 122).

Bachofen, Ausgewahlte Lehren, 1848, 209; Voigt, Die rom. Baugesetse, BerSachGW 1903, 195; Bonfante, Corso 2, 1 (1926) 266; M. Pampaloni, AG 30 (1883) 260 = Scr. giur. 1 (1941) 225.

Senatusconsultum Afinianum. (Of unknown date.) Dealt with the rights of succession of a child who being one of three brothers was adopted by a third person. He had a right to a quarter of the adoptive father’s estate, even after his emancipation by the latter.

G. Bergman, Beiträge sum rum. Adoptionsrecht (Lund. 1912) 76.

Senatusconsultum Apronianum. (Under Hadrian.) Permitted awarding fideicommissa hereditatis to cities (civitates).

Senatusconsultum Articuleianum. (a.d. 123.) Con­cerned fideicommissary manumissions in provinces.

Senatusconsultum Calvisianum. (4 b.c.) Dealt with penal procedure in trials for crimen repetundarum held in provinces.

Riccobono, FIR I² (1941) p. 409; Stroux and Wenger, ABavAW 34, 2 (1928) 112; Arangio-Ruiz, Riv. di filo- logia, N.S. 6 (1928) 321; v. Premerstein, ZSS 48 (1928) 428; 478 and 51 (1931) 446; La Pira, St ital. di filol. das. 8 (1929) 59; I. G. Luzzatto, Epigrafia giuridica (1942) 239 (Bibl.), 278; J. H. Oliver, Mem. Amer. Acad. Rome, 1949, 105.

Senatusconsultum Calvisianum. (a.d. 61.) Or­dained that a marriage of a man over sixty with a woman over fifty did not exempt them from the sanctions of the lex iulia de maritandis ordinibus.

Senatusconsultum Claudianum. 1. (a.d. 47.) For­bade advocates to claim more than 10,000 sesterces as an honorarium on pain of being prosecuted for crimen repetundarum; see senatusconsultum de advocationibus. 2. (a.d. 49.) Permitted marriage with a niece (to make possible the marriage of the emperor Claudius with his niece). 3. (a.d. 52.) Contained among other things the provision that a free woman living in a conjugal union with a slave (contubernium) became a slave (and her children as well) if after three warnings by the slave’s master she continued her relation with the slave. She was then attributed to the slave’s master as his slave. Later legislation gradually modified the penalties of this senatusconsultum.—There were still some other senatusconsulta in the times of Claudius.—Inst. 3.12; D. 29.5; C. 7.24; 9.11.

Brecht, RI} 18, 4, 2049; (Volterra) NDI 12, 36; Rossello, StSen 11-12 (1894, 1896) ; Albanese, Il Circolo giuridico 22 (Palermo, 1951) 86; Biondi, lura 3 (1952) 142.

Senatusconsultum Dasumianum. (Ca. a.d. 119.) Provided remedies for fideicommissary manumissions when through absence or impuberty of the beneficiary the manumission ordered by the testator could not be performed.

H. Krüger, ZSS 48 (1928) 178; Besnier, RHD 19 (1930) 836.

Senatusconsultum de advocationibus, (a.d. 55.) Prohibited the payment or promise of an honorarium to advocates before the trial. “All who have a law­suit will be ordered before proceeding to take an oath that they have not given, promised, or guaranteed by a cautio any sum to anybody with regard to his activity as an advocate (advocatio) in the trial” (Pliny, Ep. 9.4). They could, however, after the conclusion of the trial pay an honorarium not exceed­ing the amount of 10,000 sesterces; see senatus­consultum CLAUDIANUM (under no. 1).

Senatusconsulta de aedificiis non diruendis, (a.d. 44 and 56.) Prohibited the acquisition of buildings with the intention of destroying them for profit (di­ruendo plus adquirere). Such a transaction was void and the buyer had to pay double the price to the fisc as a penalty. The two senatusconsulta are called Hosidianum and Volusianum after their proposers.

Riccobono, FIR I² (1941) no. 45 (Bibl.) ; Grupe, ZSS 48 (1928) 572; May, RHD 14 (1935) 1.

Senatusconsultum de agnoscendis liberis. See ag­noscere liberos, senatusconsultum plancianum.

Senatusconsultum de aquaeductibus. (11 b.c.) See AQUAEDUCTUS.

Riccobono, FIR I² (1941) no. 41; Kornemann, RE 4, 1784; De Robertis, La espropriamone per pubblica utilità, 1936, 95; idem, AnBari 7-8 (1947) 177.

Senatusconsultum de Asclepiade. (78 b.c.) Granted various privileges (e.g., exemption from all taxes and requisitions) to the captains of three Greek ships for the help given Rome in the Social War time. It is preserved completely in Greek, partly in Latin. Riccobono, FIR I² (1941) no. 35; Gallet, RHD 1937, 242; 387 ; E. H. Warmington, Remains of ancient Latin 4 (1940) 444; Pietrangeli, BIDR 51-52 (1948) 281.

Senatusconsultum de Bacchanalibus. ( 186 b.c.) In­stituted proceedings against the participants in the so- called Bacchanalian conspiracy who committed vari­ous crimes. In order to suppress the orgiastic out­rages performed under the cover of Dionysiae festivi­ties the consuls were authorized to conduct the trials in an extraordinary procedure (quaestio extra ordi­nem) without regard to the rules of appeal, and beyond the walls of the city of Rome. The text of the senatusconsultum is preserve^.

Riccobono, FIR I² (1941) no. 30 (Bibl.); E. H. Warm­ington, Remains of old Latin 4 (1940) 254; Volterra, NDI 12, 31 ; De Ruggiero, DE 1 (s.v. Bacchus') ; Wissowa, RE 1 ; E. Massonneau, La magie dans l’antiquité rom., 1934, 151; F. M. De Robertis, Diritto associativo, 1937, 52; Arangio-Ruiz, SDHI 5 (1939) 109; Bequignon, Rev. archéologique, 1941, 184; Frezza, AnTr 17 (1946-47) 205.

Senatusconsultum de collegiis. A decree of the sen­ate of unknown date (Augustus?) concerning the foundation of collegia (associations) and ordering their dissolution in the case of an activity against the state. The relation of the senatusconsultum to the Lex Iulia de collegiis is not quite clear. Doubtful also is the question of whether a portion of a senatus­consultum preserved epigraphically belongs to this senatusconsultum.—See collegia.

Riccobono, FIR I² (1941) 291; Arangio-Ruiz, FIR 3 (1943) 101; Volterra, NDI 12, 34; F. M. De Robertis, Diritto associativo romano, 1938, 244; 292; Acta Divi Augusti 1 (1945) 266; Berger, Epigraphica 9 (1947) 44. Senatusconsultum de collusione detegenda. See SENATUSCONSULTUM NINNIANUM.

Senatusconsultum de ludaeis. (132 b.c.) An an­swer to the Jewish state concerning its complaints against Antiochus, king of Syria. The knowledge of this senatusconsultum as of several others dealing with Jewish matters, comes from Flavius Josephus.

J. Juster, Les Juifs dans I’Empire Rom. 1 (1914) 133.

Senatusconsulta de ludis saecularibus. (17 b.c. and

a. d. 47.) Partly preserved, concern the national games called ludi saeculares, in the arrangement of which the quindecim viri sacris faciundis played an important role.

Riccobono, FIR I² (1941) no. 40; Acta Divi Augusti 1 (1945) 240; Nilsson, RE 1A, 1696; Pighi, De ludis saecu­laribus, 1941.

Senatusconsultum de nundinis saltus Beguensis. (a.d. 138.) Granted market privileges to a locality in the province of Africa.

Riccobono, FIR l² (1941) no. 47.

Senatusconsultum de pago Montano. (Of the first century b.c.?) Prohibited the dumping of refuse in certain zones outside of Rome.

Riccobono, FIR l² (1941) no. 39; Philipp, RE 16, 204.

Senatusconsultum de philosophis et rhetoribus. (161 b.c.) Forbade Greek philosophers and rhetori­cians to reside in Rome.

Senatusconsultum de provinciis consularibus. (51

b. c.) Settled the rules for the relations between the senate and the magistrates of consular provinces.

Senatusconsultum de sumptibus ludorum gladiato­riorum minuendis. (a.d. 176.) Issued provisions in order to diminish the expenses connected with gladia­torial games.—See ludi gladiatorii.

Riccobono, FIR l² (1941) no. 49; L. Robert, Les gladia- teurs dans rOrient grec, 1940, 284.

Senatusconsultum de Thisbensibus. (170 b.c.) Concerned the relations with the city of Thisbae in Boeotia.

Riccobono, FIR l² (1941) no. 31.

Senatusconsultum de Tiburtinis. (159 b.c. ) Granted a general amnesty to the city of Tibur.

Riccobono, FIR l² (1941) no. 33.

Senatusconsultum Geminianum. Extended the penal­ties of the Lex Cornelia de falsis on persons who accepted money for a false testimony.—See falsum.

Senatusconsultum Hosidianum. (a.d. 44.) Directed against speculation in house property.—See senatus­consulta DE AEDIFICIIS NON DIRUENDIS.

De Pachterc, Mel C a gnat 1912; May, RHD 14 (1935) 1.

Senatusconsultum luncianum. (a.d. 127.) Estab­lished again (see senatusconsultum dasumianum) some rules concerning a fideicommissary manumission of slaves in the case of absence of the person who for any reason (ex quacumque causa) had to free them.

Senatusconsultum luventianum. (Decreed under Hadrian on the proposal of the jurist luventius Celsus.) Dealt with claims of the aerarium populi Romani against private individuals for the recovery of vacant inheritances. The rules of the senatuscon­sultum appear extended to hereditatis petitiones among private persons, but apparently a good part of this extension belongs to later development, if not to postclassical and Justinian’s law. The senatus­consultum established the liability of an illegal holder of an estate who fraudulently sold objects belonging to the inheritance or gave up possession thereof (dolo desiit possidere) as well as the duty of restitution of products and profits (interest) which the unlawful possessor of the estate derived therefrom. Distinc­tion was made between possessors in good faith and such in bad faith.—See hereditatis petitio.

Beseler, Beitrage 4 (1920) 13; Fliniaux, RHD 2 (1923) 82; J. Denoyez, Le S. L, 1926; Lewaid, ZSS 48 (1928) 638; C. Appleton, RHD 9 (1930) 1, 621; Fliniaux, ibid. 110; Huber, Die Ausdehnung der Normen des sc. J., Diss. Erlangen, 1933; Carcaterra, AnBari 3 (1940) 104; A. Guarino, Salv. lulianus, 1946, 82; B. Biondi, Istituti fonda­mentali del dir. ereditario 2 (1948) 193; Santi Di Paola, AnCat 2 (1948) 275; A. Carcaterra, L’azionc hereditaria 2 (1948) 37.

Senatusconsultum Largianum. (a.d. 42.) Estab­lished the order of succession for inheritances of

LATINI IUNIANI.

Senatusconsultum Libonianum. (a.d. 16.) Declared testamentary dispositions in favor of the writer of the testament to be void. By an enactment of the Emperor Claudius the writer was in such a case sub­ject to the penalties of the Lex Cornelia de falsis.— D. 48.10.—See falsum.

De Martino, Scr in memoria di E. Massari, 1938, 331.

Senatusconsultum Licinianum. (a.d. 27? 45?) Dealt with conspiracy to forge a testament and false testimony concerning a testament.

Senatusconsultum Macedonianum. (Under Vespa­sian.) Forbade loans to sons under paternal power (filii familias). The transaction was not void, but the son was protected by an exceptio (exceptio sena­tusconsulti Macedonians) against the claim of the lender even after the father’s death.—D. 14.6; C. 4.28.—See studium.

Volterra, NDI 12, 38; Devilla, StSas 18 (1941) 255; Daube, ZSS 65 (1947) 261.

Senatusconsultum Memmianum, (a.d. 63.) Con­tained the provision that childless persons (orbi) could not evade the disadvantages introduced by the LEX IULIA DE MARITANDIS ORDINIBUS by a fictitious adoption of children.

Senatusconsultum Neronianum, (a.d. 57?) Ex­tended the provisions of the senatusconsultum Silania- num on the slaves of the widow of an assassinated Toaster.

Senatusconsultum Neronianum de legatis. (Be­tween a.d. 60 and 64.) Abolished the distinction among the various forms of legacies (legata). It decreed that a legacy expressed in less appropriate terms should be as valid as if it had been made in

the most favorable form {optimo iure, i.e., per dam­nationem). See LEGATUM, LEGATUM PER DAMNA­

TIONEM.—There were several other senatusconsulta decreed under Nero.

Volterra, NDI 12, 37; Ciapessoni, St Bonfante 3 (1930) 649; Piaget, Le S. N. (Lausanne, 1936); C. A. Maschi, St sull’interpretazione dei legati, 1938, 104; B. Biondi, Suc­cessione testamentaria (1943 ) 282.

Senatusconsultum Ninnianum de collusione dete­genda. (Under Domitian.) Contained provisions against collusion between patron and freedman with a view to having the latter declared free-born.—See COLLUSIO.

Senatusconsultum Orfitianum. (a.d. 178.) Gave a woman’s children preference as to her inheritance over her brothers, sisters, and other agnates.—An­other senatusconsultum (of the same year) declared testamentary manumissions of slaves valid when their identity could be established beyond doubt, even if they were not indicated in the testament by name, as the lex fufia caninia required.—Inst. 3.4 ; D. 37.17; C. 6.57.

G. La Pira, La successione ereditaria intestata, 1930, 293, Lavaggi, SDH I 12 (1946) 174; Sanfilippo, Fschr Schulz 1 (1951) 364.

Senatusconsultum Pegasianum. (About a.d. 73.)

Granted an heir the right to keep a fourth part of the fideicommissa he had to deliver according to the testator’s will. This provision is analogous to that of the lex falcidia with regard to legacies. The initiative for the senatusconsultum was apparently taken by the jurist Pegasus. In Justinian’s legis­lation the senatusconsultum Pegasianum does not appear, references to it having been replaced by those to the senatusconsultum trebellianum.—Another senatusconsultum Pegasianum (a.d. 72) extended the privilege of anniculi causae probatio to latini iu- ntani over thirty years of age ; see causae probatio.

Solazzi, RISG 86 (1949) 30.

Senatusconsultum Pisonianum, (a.d. 57.) Con­cerned the sale of a slave who might be subject to torture and the penalties provided in the senatus­consultum silanianum because his master was found assassinated. The sale was null and the seller had to return the purchase price to the buyer.

Senatusconsultum Plancianum. (Before the reign of Hadrian.) Ordered that a pregnant woman had to notify {denuntiare) her divorced husband of her con­dition within thirty days after divorce. The husband had either to send attendants {custodes) to watch the woman until the child was born or to deny {contra denuntiare) his paternity.—D. 25.3.—See agnoscere LIBERUM.

Weiss, RE 3A, 1889; P. Tisset, Présomption de paternità (Montpellier, 1921) 180.

Senatusconsultum Rubrianum. (After a.d. 100.) Ordered the praetor to declare a slave free when the person who had to perform the manumission ac­cording to the testator’s will refused to do so.

Senatusconsultum Silanianum. (a.d. 10.) When a master of slaves was assassinated and the murderer could not be found, all slaves who lived with him “under the same roof” were subjected to torture and eventually condemned to death. A slave who revealed the murderer was declared free by the praetor’s decree.—See senatusconsultum neronia- NUM, PISONIANUM, ORATIO MARCI, TECTUM, VINDI­CARE NECEM.

Luzzatto, St Ratti (1934) 545; Aru, ibid. 211; Acta Divi Augusti 1 (1945) 258; Herrmann, ADO-RIDA 1 (1952) 495.

Senatusconsultum Tertullianum. (Of the time of Hadrian.) Granted a mother who had the ius liberorum a right of succession on intestacy to her children’s inheritance, but it gave priority to the children’s children, their father and some agnates. Later imperial legislation improved the rights of succession of the mother. Justinian abolished the requirement of ius liberorum.—Inst. 3.3; D. 38.17; C. 6.56.

G. La Pira, La successione ereditaria intestata, 1930, 277; G. Goutelle, De la lutte entre agnation et cognation a pro­pos du S. T., 1934; Sanfilippo, Fschr Schulz 1 (1951) 364.

Senatusconsultum Trebellianum. (a.d. 56.) Or­dered that “if an inheritance was delivered over to anyone on account of a fideicommissum, the actions which would lie at ius civile for, or against, the heir, should also be given in favor of, or against, him to whom the inheritance has been made over” (Gaius, Inst. 2.253). The pertinent actions were proposed in the praetorian edict as actiones utiles.—D. 36.1; C. 6.49.—See EXCEPTIO RESTITUTAE HEREDITATIS, HERE­DITATIS PETITIO FIDEICOMMISSARIA.

Lemercier, RHD 14 (1935) 623; B. Biondi, Successione testamentaria (1943) 477; Bartosek, Scr Ferrini 3 (Milan, 1948) 308.

Senatusconsultum Turpillianum. (a.d. 61.) Con­tained provisions against tergiversatio.—D. 48.16: C. 9.45.

Volterra, StCagl 17 (1929) 114; Levy, ZSS 53 (1933) 213; Bohacek, St Riccobono 1 (1936) 361.

Senatusconsultum ultimum. A decree of the senate in times of extreme emergency {ultima necessitas) ordering “that the consuls see to it that the state {res publica) suffered no harm” {Cic. pro Mil. 26.70) or, in other words, to defend the res publica. By virtue of such a decision the consuls (or the highest magis­trate available) were authorized to apply any extra­ordinary measures required by the situation {tumul­tus, war), even a temporary suspension of certain constitutional institutions (see iustitium). The first application of this exceptional remedy was during the Gracchan movement (121 b.c. ; it was proposed for the first time in 133 b.c., but was rejected owing to resistance of the then consul, the jurist P. M. Scae- lova).

O’Bricn-Moorc, RE Suppl. 6, 756; Momigliano, OCD; C. Barbagallo, Una misura eccezionale dci Romani, il S. U., 1900; idem, RendLomb 35 (1902) 450; De Marchi, ibid. 224, 464; Plaumann, KI 13 (1913) 321; Antonini, S. U., 1914; Last, J RS 33 (1943) 94; Wirszubski, Libertas (Cam­bridge, 1950) 55.

Senatusconsultum Velleianum (or Vellaeanum). (About a.d. 46.) Forbade women to assume liability for other persons {intercedere, intercessio'). The transaction was not void, but lost its efficacy if the woman when sued by the creditor opposed the ex­ceptio senatusconsulti Velleiani. She could also claim the return of what she had paid in fulfillment of her obligation. In certain instances the exception was inadmissible (e.g., against a minor, or when the transaction was in the interest of the woman). Sure­ties and heirs of the woman might use the exception too. Justinian reformed the whole institution of women’s intercession by requiring a public act before witnesses, and excluding the benefits of the senatus­consultum Velleianum if the woman renewed the intercession after two years and in certain other spe­cific cases. See INTERCESSIO, ACTIO QUAE RESTITUIT

(instituit) obligationem.—D. 16.1; C. 4.29.

Leonhard, RE 9 (s.v. intercessio); Cuq, DS 3 (s.v. inter­cessio) ; Volterra, NDI 12, 35; Carrelli, RISG 12 (1937) 63; idem, SDH I 3 (1937) 305; P. Pierret, Le s. Velleien, 1947; Vogt, Studien sum s.V., Bonn, 1952.

Senatusconsultum Vitrasianum. (Before or during the reign of Hadrian). Concerned the case of the fideicommissary manumission of a slave when one of the co-heirs was a child.

Senatusconsultum Volusianum. (a.d. 56.) See SENATUSCONSULTA de aedificiis non diruendis. May, RHD 14 (1935) 1.

Senectus (senex). Old age (an old man). There was no legal definition as to when a person had to be considered old. Senility, however, was taken into consideration as an excuse from guardianship, for exemption from munera personalia, and the like, as well as in certain agreements, for instance, concerning alimony. A guardian who could not fulfill his duties because of old age might ask for the assignment of a curator for the administration of the ward’s property.

Seniores. In military centuriae, see iuniores.

Sensus. In the legal field the capacity of understanding the significance of one’s doings, in particular, whether they are wrong or right. Children in infancy (see infantes) have no sensus \ likewise lunatics, except during intervalla dilucida. Sensus also means the intention, the desire of a testator; syn. voluntas.

Sententia. (With reference to a jurist.) The opinion of a jurist expressed either in his writing or iii a RESPONSUM.

Sententia. (In judicial proceedings.) The final judg­ment in a civil trial, rendered by a judge (iudex) in the bipartite procedure or by a judicial official in the cognitio extra ordinem. The sententia put an end to the controversy between the parties and the matter in dispute became now a res iudicata. The judgment was either condemnatory (condemnatio, damnatio) or absolutory (absolutio). In the formulary pro­cedure the condemnatory judgment was always for a sum of money (see condemnatio pecuniaria) without regard to the object of the controversy. In the procedure through cognitio a condemnatio pecu­niaria was no longer exclusive. A judgment once pronounced could not be changed or revoked by the judge who passed it. See error calculi. The exe­cution of a judgment was achieved by a second action; see actio iudicati. The judgment was pronounced orally, without indication of motives; in the later law a written judgment was required in addition to the oral pronouncement; see sententiam dicere. Sen­tentia is also the judgment of an arbitrator; see arbiter, compromissum.—The terminology in crimi­nal trials was also condemnatio (damnatio) for con­demnatory sentences, absolutio for an acquittal.—D. 42.1; C. 7.43-47; 55; 10.9; 50.—See res iudicata, IUDICATUM, RETRACTARE CAUSAM, APPELLATIO, PRO­VOCATIO, PERICULUM, SENTENTIAM PROFERRE, LITIS AESTIMATIO.

Wenger, RE 2A; Leonhard, RE 2A, 1503; Kleinfeller, RE 2A, 1505; Delaunay, Mel Boissier (Paris, 1903) 161; G. Kuttner, Fschr Martitz 1911, 235; Biondi, St Bonfante 4 (1930) 29; H. Appelt, Die Urteilsnichtigkeit im rom. Prozess, 1937; F. Vassalli, Studi 1 (1939) 405; Vazny, BIDR M (1940) 108.

Sententia adversus fiscum. A sentence rendered against the fisc.—C. 10.9.—See retractare causam. Sententia contra constitutiones. A judgment ren­dered. contrary to imperial constitutions. The judge who rendered such a judgment was guilty of crimen falsi.—See FALSUM.

Biondi, St Bonfante 4 (1930) 69; Levy, BIDR 45 (1938) 138; De Robertis, ZSS 62 (1942) 255.

Sententia definitiva. See definitiva sententia, in­terlocutiones.

Sententia iudicis. See sententia.

Sententia legis (edicti, senatusconsulti). The in­tention, the purpose, the spirit of a legal enactment (a statute, an edict, a senatusconsultum).—See ex LEGE.

Wenger, RE 2A, 1502.

Sententia Mimiciorum. See terminare.

Sententia senatus. See sententiam rogare, pronun­tiare SENTENTIAM.

Wenger, RE 2A, 1496.

Sententiae Pauli. A work by the jurist Paul in five books, entitled Sententiarum ad filium libri quinque. Excerpts of this work are to be found in the Digest, Fragmenta Vaticana, Collatio, and Consultatio, and probably one-sixth of the whole work in an Epitome appended to the Lex Romana Visigothorum. It is assumed (not without opposition) that the work was not written by Paul himself, but was an anthology compiled about a.d. 300 from various works of JPaul’s by an unknown hand. The work as is preserved undoubtedly contains postclassical additions, and the more important problem is to determine what in the work is classical and what not. As a matter of fact, Constantine, less than a century after Paul’s death (C. Theod. 1.4.2, a.d. 327 or 328), extolled the value of the work in glowing terms and ordered that it should have full authority when produced in court. The Law of Citations (see iurisprudentia) of a.d. 426 reiterated the validity of Paul’s Sentences.

Editions in all collections of Fontes Iuris Rom. (see Gen­eral Bibl., Ch. XII), the most recent by Baviera, FIR 2² (1940).—Berger, RE 10, 731; Μ. Conrat, Der westgothi- sche Paulus, Amsterdam, 1907; G. Beseler, Beiträge suf Kritik 1 (1910) 99; 3 (1913) 6; 4 (1920) 336; B. Kiibler, Gesch. des röm. R., 1925, 284; Schulz, ZSS 47 (1927) 39; Levy, ZSS 50 (1930) 272; Lauria, AnMac 6 (1930) 33; Volterra, ACDR 1 (Roma, 1934) 35; idem, Riv. Storia dir. ital. 8 (1935) 110 (Bibl.) ; Scherillo, St Riccobono 1 (1936) 39; E. Levy, Medievalia et Humanistica 1 (1943) 14; idem, Pauli S., a Palingenesia of the opening titles (Ithaca, 1945); idem, BIDR 55/56 (1951) 226; F. Schulz, History of R. legal science, 1946, 176.

Sententiam dare. See sententiam dicere.

Sententiam dicere. (In judicial proceedings.) To pronounce judgment. The judge had to do it orally, in later law reading the decision from a written draft. Syn. sententiam dare, pronuntiare, projerre.—See PERICULUM.

Sententiam dicere. (In the senate.) See sententiam ROGARE.

Sententiam rogare. To ask the senators for their opinions. It was the presiding magistrate who re­quested the senators to express their opinion by vote (sententiam dicere). Hence sententia often means the result of the vote, the final decision (ex sententia senatus). See VERBA FACERE.

Sentire aliquid (or de aliqua re). To have in mind, to wish, to intend, to understand. The term occurs frequently in texts dealing with the intention of a testator when the expressions he used in his will were not fully clear.—See sensus, voluntas.

Sentire damnum. To suffer damage (loss). Ant. sentire commodum, lucrum = to gain a profit.

Separare. To divide, to separate, to disjoin. See fructus separati. With reference to a marriage = to divorce; hence separatio — divortium.

Separatio bonorum. The separation of the heir’s prop­erty from the estate he inherited. The separatio bonorum served to protect the creditors of the de­ceased by reserving the estate for them and excluding the creditors of the heir, who might be insolvent. The institution, called beneficium separationis, was extended to the benefit of the legatees, but not of the creditors of the heir when the inheritance was in­solvent. See beneficium iNVENTARii. The separatio bonorum comprised the estate at the time of death, together with subsequent products and accretions which occurred afterwards.—D. 42.6; C. 7.72.

Ferrini, Opere 4 (1930, ex 1899-1901) 167; 175; '183 ; G. Baviera, Il commodum separationis, 1901; Solazzi, BI DR (1901) 247; Milani, StDocSD 25 (1904) 5; C. Tumedei, La s. dei beni ereditari, 1927; Guarino, ZSS 60 (1940) 185; idem, SDH I 10 (1944) 240; Solazzi, Il concorso dei creditori 4 (1943) 1.

Separatio fructuum. Separation of fruits from the thing which produced them.—See fructus, fructus SEPARATI.

Separatim. See coniunctim. Syn. disiunctim.

Septemvirale iudicium. A court composed of seven persons competent (presumably) to judge complaints concerning undutiful testaments; see querela in- OFFICIOSI TESTAMENTI.

Leonhard, RE 2A (s.v. septemviri); Eisele, ZSS 35' (1914) 320.

Sepulcri violatio. See violatio sepulcri.

Sepulcrum (sepulchrum). A grave, a burial place “where a corpse or bones are laid down” (D. 11.7.2.5). A sepulcrum is a locus religiosus, also when a slave has been buried, but not the grave of an enemy. A monument (monumentum) erected “in order to preserve the memory of a dead person” (D. 11.7.2.6) is not a locus religiosus if the person is not buried there.—D. 11.8; 47.12; C. 9.19.—See ITER AS SEPULCRUM, IUS SEPULCRI, ILLATIO MORTUI.

C. Fadda, 37 e qutstioni di diritto 1 (1910) 147; Tauben­schlag, ZSS 38 (1917) 244; Μ. Morel, Le s. (Annales Univ. Grenoble) 1928; E. Albertario, Studi di dir. rom 2 (1941) 1, 29, 39; Arangio-Ruiz, FIR 3 (1943) no. 80;

F. De Visscher, AntCl 15 (1946) 123; idem, SDHI 13-14 (1947-48) 278; idem, RIDA 1 (1948) 199; idem,Le re­gime jurid. des plus anciens cimetieres chretiens, Analecta Bollandiana 69 (1951) 39; Crichton, JurR 60 (1948) 138; Biondi, Iura 1 (1950) 160; Düll, Fschr Schulz 1 (1951) 191.

Sepulcrum familiäre (hereditarium). See ius se­pulcri.

Sequela. (With reference to an obligation.) A sec­ondary obligation, as distinguished from the principal obligation of a debtor.

Sequester. “One with whom the parties to a contro­versy deposit the object of the dispute” (D. 50.16.110). The sequester was a depositee and his liability was the same as in the case of a normal deposit; see Depositum. The recovery of the thing deposited could be claimed by an action, called actio (depositi) sequestraria. Unlike the normal depositee, the sequester was considered possessor of the thing and was protected by possessory interdicts.

Weiss, RE 2A; Beauchet, DS 4; Arangio-Ruiz, AG 76 (1906) 471; 78 (1907) 233; Albertario, 57 Solmi 1 (1941) 349; Düll, Fschr Schulz 1 (1951) 203.

Sequestrare (sequestratio). To deposit a contro­versial thing with a third person as a sequester. Syn. in sequestre deponere.—C. 4.4.—See sequester.

Sequestre. In sequestre, see sequestrare.

Sequi. Used of rights and obligations which are de­volved, after the death of a person, on his heir, as well as of rights connected with an immovable (such as servitudes) which in the case of its transfer pass to the acquirer.

Sequi caput alicuius. See noxa caput sequitur.

Sequi condicionem alicuius. To follow a person in his personal status (freedom, citizenship). Legiti­mate children share the status of the father; children born out of wedlock follow that of the mother.—See VULGO CONCEPTI.

Sequi fidem alicuius. To put one’s trust, to have confidence (faith) in another’s promise or good faith, to confide.

Serenissimus (serenitas). An honorific title of the emperor in the later Empire (from the fourth cen­tury on). The emperors used to speak of themselves in their enactments serenitas nostra (“our serenity”).

Serva. A female slave. Syn. ancilla.

Servare. To take care of, to protect. The praetor used the term in his edict when he promised to pro­tect certain transactions or agreements (e.g., “pacta conventa servabo”}.—See missio in possessionem DOTIS (REl) servandae causa, missio in possessio­nem LEGATORUM SERVANDORUM CAUSA.

Servare (ab aliquo). To obtain by a suit what is due, to recover (e.g., expenses made for another, indem­nification).

Servari. In locutions such as servandum est, servabitur, syn. with observari (= to be observed, to be acted according to the law).

Servi. Slaves.—See servus.

Servile supplicium. See crux.

Servilis. Connected with slavery or pertaining to slaves. Servilis condicio = the legal and social con­dition of a slave. Servilis cognatio, see servus.

Servire. Refers to the legal situation of a slave (see servus) or to that of an immovable encumbered by a servitude (praedium quod servit}. The terms praedium serviens and praedium dominans, used in the literature, are unknown in Roman sources.

Servitium. Comprised all persons who were in the service of another. They constituted his jamilia (see familia). In the language of imperial constitutions servitium was used in the sense of any kind of service. Servitus. Slavery. “We compare slavery almost with death” (D. 50.17.209). “Slavery is an institution of the law of all nations (ius gentium} under which one is subject to the mastership (dominium} of an­other, contrary to nature” (D. 1.5.4.1).—See servus (Bibl.), SERVITUTEM SERVIRE, REVOCATIO IN SERVI­TUTEM, VINDICATIO IN LIBERTATEM.

Servitus (servitutes). A servitude, an easement. Servitutes were classified among iura in re aliena ( — rights over another’s property) since their sub­stance consisted in a right of a person, other than the owner, primarily the proprietor of a neighborly immovable, to make a certain use of another’s land. This right was vested in the beneficiary not as a per­sonal one, but as a right attached to the immovable (land or building) itself, regardless of the person who actually happened to own it. These servitudes are servitutes praediorum (also servitutes rerum, iura praediorum}. Among thenl there is a distinction between servitutes praediorum rusticorum and servi­tutes praediorum urbanorum according to the economic exploitation of the benefiting immovable, i.e., either for agricultural production or for urban utilization (hous­ing, commercial or industrial buildings) regardless of the location of the immovable in a city or in the coun­try. Later (postclassical or Justinian’s) law added to the servitudes a new category, the personal servitudes (servitutes personarum, hominum}, in which the beneficiary was a specific person. But only the term, servitutes personarum, was a later creation, the per­tinent rights to use another’s property (iura in re aliena} were known in the classical law and dis­cussed and developed by the classical jurisprudence. At the death of the beneficiary a personal servitude was extinguished, whereas in predial (rustic or ur­ban) servitudes the death of the actual beneficiary was without any effect on the existence of the ser­vitude which as connected with the immovable passed to the successor of the owner. Predial servitudes were of a vety different nature. Some of them were more typical and the extension of the pertinent rights vested in the owner of the dominant land were de­termined by law or custom. Modifications were, how­ever, admitted in specific cases; see modus servitu­tis. There was a legal rule: “Nemini (nulli} res sua servit” (D. 8.2.26, no one can have a servitude on a property of his own), since ownership as such implied all kinds of utilization of the thing. Another rule was that a predial servitude could not impose on the owner of the servient immovable the duty of doing something. His liability went only so far as to abstain from doing something to the deriment of the beneficiary of the servitude or to tolerate the latter using his property in some way. A predial servitude, being strictly connected with the dominant immovable, could not be transferred to another person unless the immovable itself was alienated. By the alienation the new owner became the beneficiary of the servitude. A servitude was constituted through mancipatio or in IURE cessio when it was reck­oned among res mancipi, as the rustic servitudes were, or on the occasion of the division of a com­mon landed property in favor of the owners of the shares. In a last will a servitude could be granted only in the form of a legatum per vindicationem. Praetorian law introduced the establishment of a servitude by an agreement; see pactiones et stipu­lationes. In Justinian’s law the stipulation became usual for this purpose. A predial servitude was ex­tinguished when one of the two immovables, the servient or the dominant, was destroyed, or when the owner of one acquired the other; see confusio. —Servitus in the language of Justinian indicates at times restrictions imposed by the law on owners of immovables, as, for instance, in the buildings regula­tions set in a constitution of the Emperor Zeno. See zenonianae constitutiones. The following items deal with typical predial servitudes, both rural and urban. Some of them appear in the sources as ius (iura). For the so-called personal servitudes, see USUS, USUSFRUCTUS, HABITATIO, OPERAE SERVORUM. —Inst. 2.3; D. 8.1-3; C. 3.34.—See usucapio ser­vitutis, USUCAPIO LIBERTATIS, NON USUS, PATI, VIN­DICATIO SERVITUTIS, PERPETUA CAUSA SERVITURIS, INTERDICTUM QUAM HEREDITATEM.

Leonhard, RE 2A; Beauchet, DS 4; Ciccaglione, NDI 12; Berger, OCD; Longo, BIDR 11 (1899) 281; Buckland, LQR 42 (1928); idem, St Riccobono 1 (1936) 277; Bon- fante, St Ascoli (1931) 179; Arangio-Ruiz, Foro Ital., 59 (1932) ; Frezza, StCagl 22 (1934) ; Grosso, In tema di costituzione tacita di servitù, BIDR 42 (1934) 326; idem, SDHI 3 (1937) 274; idem, Riv. di dir agrario 17 (1938) 174; idem, Problemi di diritti reali (1944) 26; Guarneri- Citati, BIDR 43 (1935) 19; Ciapessoni, StPav 22 (1937) 107; B. Biondi, La categoria rom. delle servitutes, 1938; idem, Le servitù prediali (Corso) 1946; E. Albertario, Studi 2 (1941) 339; S. Solazzi, Requisiti e modi di costi­tusione delle servitù prediali, 1947 ; idem, Specie e estin­zione delle servitù prediali, 1948; idem, La tutela e il pos­sesso delle servitu prediali, 1949; E. Levy, West Roman vulgar law, 1951, 55.

Servitus actus (ius agendi). See actus, interdic­tum DE ITINERE ACTUQUE.

Servitus altius non tollendi (sc. aedes). An urban servitude which imposed on the owner of a building the duty not to build higher over a certain limit. A counterpart was a servitude ius altius tollendi which gave the beneficiary the right to build higher.

Buonamici, Annali Univ, Toscane, 32 (1913) ; A. Perret, Ius a. tollendi, Thèse Paris, 1924; Grosso, 57 Albertoni 1 (1935) 453; Branca, St A. Cicu 1 (1951) 105.

Servitus aquaeductus (aquae ducendae). A rural servitude consisting in the right of the owner of the dominant land to conduct water from, or across, another’s land through pipe or canals. The servitus was protected by interdicts granted against any one who prevented the beneficiary from exercising his right or who tried to render the water or the neces­sary constructions useless. See INTERDICTUM DE

AQUA, CASTELLUM.

Manigk, RE 10; Berger, RE 9, 1630; Gianziano, NDI 1 (s.v. acque private) ; Orestano, BIDR 43 (1935) 217; De Robertis, AnBari 1 (1938) 61; Maschi, BIDR 46 (1939) 313; Solazzi, Fschr Schulz 1 (1951) 380.

Servitus aquae haustus. The right to take water from a fountain, a pond, or a spring located on another’s property. This easement implied free access (iter) to the place. Syn. servitus aquae hauriendae.—See FONS, INTERDICTA DE FONTE.

Leonhard, RE 2; Grosso, BIDR 40 (1932) 401.

Servitus arenae fodiendae. The right to dig for sand in a land belonging to another.

Servitus calcis coquendae. The right to burn lime on another’s land.

Servitus cloacae immittendae. The right to have a drain through a neighbor’s land.—See cloaca.

Servitus cretae eximendae. A rural servitude which entitled one to take chalk from another’s soil.

Servitus eundi. See iter.

Servitus fumi immittendi. See fumus.

Servitus itineris. See ITER.

Servitus itineris ad sepulcrum. See iter ad sepul­crum.

Servitus lapidis eximendi. A rural servitude to take stones from a quarry belonging to another.

Servitus luminis. The right to profit by the light from a neighbor’s land.

Servitus ne luminibus officiatur. An urban servitude which entitled the beneficiary to prevent his neighbor from building a house which might shut him off from the light. A counterpart to this servitude was the right ius officiendi luminibus vicini which gave the beneficiary the right to build on his land as he pleased, regardless of the neighbor’s suffering a limitation or loss of light. See SERVITUS ALTIUS NON TOLLENDI.

Servitus ne prospectui officiatur. This servitude gave the owner of an immovable the right to prevent his neighbor from building a house or planting trees which might impede the beneficiary’s pleasant view. See SERVITUS NE LUMINIBUS OFFICIATUR.

Servitus oneris ferendi. An urban servitude involv­ing the right of the beneficiary to have his building supported by the neighbor’s wall. The latter was bound to keep his wall in good condition.

Ciccaglione, NDI 12, 1, 165; Riccobono, ibid. 218; Scialoja, St giur. 1 (1933, ex 1881) 84; G. Segrè, BIDR 41 (1932) 52; idem, St Ascoli (1931) 681.

Servitus pascui (pecoris pascendi). See ius pas­cendi.

Servitus praetoria. A servitude constituted in a form introduced by praetorian law.—See servitus, pac­tiones ET STIPULATIONES.

H. Krüger. Die prätorische Servitut, 1911; Rabel, Mel Girard 2 (1912) 387; Berger, GrZ 40 (1913 ) 299; Maschi, BIDR 46 (1939) 274; B. Biondi, Le servitù prediali (1946) 213.

Servitus proiciendi. See the following item.

Servitus protegendi. An urban servitude which en­titled the beneficiary to project a roof on the neigh­bor’s property. A similar servitude was servitus proiciendi concerning a balcony projected over the neighbor’s land.—See protectum.

Servitus servitutis esse non potest. A servitude can­not be imposed on a servitude. There was no possi­bility to transfer the exercise of a servitude wholly or in part to another.

Perugi, BIDR 29 (1916) 181.

Servitus silvae caeduae. The right to cut wood on another’s property.

Servitus stillicidii. There were different servitudes connected with the use of dropping rain-water: (a) servitus stillicidii immittendi = the right to discharge the dropping rain-water from the eaves or spouts of one’s building on the property of a neighbor; the latter was obliged to receive it; (b) servitus stillicidii avert endi = the right to divert the rain-water from the roof of a neighbor’s building to make it run on the beneficiary’s land; (c) servitus stillicidii rcci- piendi = the right to receive · the rain drip from a neighbor’s property.

Anon., NDI 12, 1, 905; Grosso, St Albcrtoni 1 (1935) 465; Guarneri-Citati, RendLomb 59 (1926) ; B. Biondi, La cate­goria rom. delle servitutes (1938) 129.

Servitus tigni immittendi. An urban servitude which entitled the beneficiary to introduce a beam serving for his building into the wall of a neighbor’s building. See TIGNUM IUNCTUM.

Servitus viae. See via.

Servitutem debere. Used of a land which is encum­bered with a predial servitude. Fundo servitus debe­tur is used of a land the owner of which is the bene­ficiary of a predial servitude.

S. Solazzi, Tutela della servitù prediali, 1949, 163.

Servitutem servire. Denotes a factual (not legal) condition of a person who although being free per­formed services of a slave.—See liber homo bona FIDE SERVIENS.

J. Ellul, Évolution et nature jurid. du mancipium (1936) 282.

Servitutes personarum. See servitus.

C. Sanfilippo, S. p. (Corso), 1944; Ciapessoni, CentCod Pav (1934) 879; B. Biondi, Le servitù prediali, 1946, 50.

Servitutes praediorum (rusticorum, urbanorum). See SERVITUS.

Servius Sulpicius Rufus. A prominent jurist of the second half of the first century of the Republic, consul in 51 b.c., orator and a famous legal teacher. His writings amounted to 180 books; among them was the first commentary on the praetorian Edict. Ac­cording to Cicero, he furthered the application of equity (see aequitas) in settling legal disputes.

Münzer. RE 4A, 851 (no. 95) ; E. Vernay, Servius et son école, 1909; Peters, ZSS 32 (1911) 463; Kübler, AC DR Roma 1 (1934) 96; Stroux, ibid. 130; Di Marzo, BI DR 45 (1938) 261; P. Meloni, 5. 5. R. e i suoi tempi, Annali Fac. Lettere e Filosofia Univ. Cagliari, 13 (1946).

Servus. A slave. Syn. terms : homo, mancipium, ancilla (a female slave), puer. Although a human being, legally a slave was considered a thing (res') without any legal personality. He belonged to his master as a res mancipi, and therefore the transfer of owner­ship of a slave was to be performed through manci­patio. All that the slave acquired belonged to his master and he could not assume an obligation for �?his master. Hence there was no action against the latter from transactions concluded by the slave. Excep­tions from this rule were introduced by the prae­torian law ; see peculium, actio tributoria, insti­tor. Aside from these specific cases a general rule was that the legal situation of a master might be improved by a contractual activity of his slave, but could not be made worse. The master was, however, liable for delictual offenses of the slave (see delic­tum), but when sued with an actio noxalis for the slave’s wrongdoing (see noxa), he might free him­self from liability by handing over (surrendering) the slave to the person injured (noxae deditio). A slave could not be sued nor could he be plaintiff in a trial. In the earlier law the master had ius vitae necisque over the slave, and even during the period of the Republic a slave had no protection against his master’s cruelty. See lex petronia. The law of the Empire brought several restrictions to the master’s power. A master who killed his slave without just grounds was punished, and in the case of ill-treatment of a slave he could be compelled to sell him. The pertinent provisions were frequently changed in the later Empire in favor of the slaves under the influ­ence of Christianity. A slave had no family; his marriage-like union was not considered a matri­monium; see contubernium. Blood tie created through a servile union (cognatio servilis) was later regarded as an impediment to a marriage between persons thus related, after their manumission. Spe­cific rules were in force in criminal law and procedure as far as slaves were concerned. Penalties inflicted on slaves were generally severer than those to which free men were exposed. A slave was not allowed to testify in a criminal trial against his master, except in the case of crimen maiestatis. A testimony contrary to this rule was capitally punished. Usually, a slave as a witness in criminal matters was subject to tor­ture ; see quaestio per tormenta. Slavery arose by birth from a slave mother. A foreigner of an enemy country became a slave in the Roman state when taken as a prisoner of war. The same happened to a stranger belonging to a country, not allied with Rome with a treaty of friendship, even when he was caught not in time of war. Other causes of enslave­ment were: venditio trans Tiberim ( = the sale of a free man beyond the Tiber, i.e., abroad, see addic­tus), the case sanctioned by the senatusconsuL­TUM CLAUDIANUM, the Case of an INGRATUS LIBERTUS ( = a freedman ungrateful towards his patron), and the case of a fraudulent sale of a free man (over twenty) as a slave who gave his consent to such a transaction in order to participate in the price. For enslavement as a result of a condemnation for a crime, see servus poenae. For the specific rules governing the sale of a slave and the liability of the master for physical and mental defects of the slave sold, see EDICTUM AEDILIUM CURULIUM, DICTA, REDHIBITIO. —D. 11.3; 18.7; C. 6.1; 2; 7.7-9; 13.—See moreover, ACTIO SERVI CORRUPTI, OPERAE SERVORUM, ANCILLA, PARTUS ANCILLAE, HOMO, NOMEN, EVINCERE, MANU­MISSIO, DEDITICII EX AELIA SENTIA, PECULIUM, LIBER HOMO BONA FIDE SERVIENS, EXPONERE SERVUM, CAP­TIVITAS, SENATUSCONSULTUM SILANIANUM, FAMILIA,

STATULIBER, PACTIO LIBERTATIS, INIURIA, atld the following items.

Westermann; RE Suppl. 6 (s.v. Sklaverei) ; Weiss, RE 3A {s.v. Sklaverei) ; Beauchet and Chapot, DS 4 ; W. W. Buckland, The Roman law of slavery, 1908; Berger, Streif- ziige dur ch das rom. Sklavenrecht, I. Philologus 73 (1914) 61; IL ZSS 43 (1922) 398; Tumedei, RISG 64 (1920) 55; B. W. Barrow, Slaves in the R. Empire, 1928; H. Lévy-Bruhl, Quelques problèmes du très ancien dr. rom., 1934, 15; Jonkers, De ^influence du Christianisme, Mn 1934, 241; Juret, Rev. des études Latines, 1937, 30; Del Prete, Responsabilità penale dello schiavo, 1937 ; De Mana- ricua, El matrimonio de los esclavos, Analecta Gregoriana, 23 (1940) ; E. Ciccotti, Il tramonto della schiavitù nel mondo antico, 2nd ed. Udine, 1940; Kaser, SDHI 6 (1940) 357, 16 (1950) 59; L. Clerici, Economia e finanza dei Ro­mani 1 (1943) 128; Solazzi, SDHI 15 (1949) 187; Imbert, Christianisme et esclavage, RIDA 2 (1949) 445; G. E. Longo, SDHI 16 (1950) 86.

Servus actor. See actor.

Servus alienus. A slave belonging to another. If another’s slave was instituted as an heir in a testa­ment, his master acquired the inheritance. Freedom given to another’s slave in a will was without any effect unless the testator ordered his heir to buy the slave from his master and to manumit him, or the testator rewarded the slave’s master on condition that he would free the slave.—See supprimere ser­vum ALIENUM.

Desserteaux, RHD 12 (1933) 35; G. Dulckeit, Erblasser­wille und Erwerbswille (1934) 94.

Servus Caesaris. A slave belonging to the emperor either as servus patrimonialis (see patrimonium Caesaris) or a servus rei privatae Caesaris (see res PRIVATA CAESARIS).

Servus communis. A slave who belongs to more than one master as a common property.—C. 7.7.—See MANUMISSIO SERVI COMMUNIS.

Servus corruptus. See ACTIO SERVI CORRUPTI.

Servus derelictus. A slave whom his master aban­doned (servus quem dominus pro derelicto habet). Such a slave was a servus sine domino ( = a slave without a master, a res nullius). His former master had no claim for his recovery. In Justinian’s law a servus derelictus was considered free.—See dere­lictio (Bibl.), EXPOSITIO SERVI.

Fasciato, RHD 27 (1949) 458; Philipsborn, RHD 28 (1950) 402.

Servus dotalis. A slave among things constituted as a dowry. The husband, was permitted to manumit the slave, even without the consent of the wife, and he became patron of the slave freed. He had to ac­count, however, for the loss which through the manu­mission resulted to the dos, unless his wife assented to the manumission with the intention to make a gift to her husband. Such a gift manumittendi causa ( = with the purpose of manumission) was not banned by the prohibition of donations between husband and wife.—See DONATIO INTER VIRUM ET UXOREM.

Berger, Philologus 73 (1914) 96; Cosentini, SDHI 9 (1943) 291.

Servus fiscalis (fisci). A slave employed in the busi­ness of the fisc. Slaves came under the mastership of the fisc when the master died without an heir, or when the heir instituted in a testament refused to enter the inheritance (see caduca), or when the fisc seized the property of a person condemned for a crime (see CONFISCATIO, publicatio).—See FISCUS.

Servus fructuarius. A slave on whom a person other than the owner had a usufruct (see ususfructus). All that such a slave acquired ex re of the usufruc­tuary (i.e., from his money or other property, or from the peculium granted by him to the slave), or ex operis suis (=from the slave’s labor), belonged to the usufructuary; other acquisitions, such as an inheritance or legacies went to the profit of the slave’s master. A servus fructuarius freed by his master without the fructuary’s consent, became a servus sine domino ( = a slave without a master) ; under the law of Justinian he became free.—See ex re alicuius.

Berger, Philologus 73 (1914) 61, 91; idem, ZSS 43 (1922) 398; Pringsheim, ZSS 50 (1930) 408; G. Dulckeit, Erblas­serwille und Erwerbswille (1934) 26, 101; Solazzi, BIDR 49-50 (1947) 373.

Servus fugitivus. A slave who ran away from his master with the intention not to return to him. A servus fugitivus also was a slave who ran away from his master’s creditor, to whom he had been given as pledge (creditor pigneraticius), or from a teacher, and did not return to his master. When caught by a public organ or a private individual, a servus fugi­tivus had to be delivered to the master. Concealing a fugitive slave or helping a slave to escape from his master was considered a theft ; see lex fabia de plagio. Syn. in fuga esse, fugitivus (noun). A fugitive could be usucapted if the man who held him was in good faith (e.g., he believed to hold a master­less slave).—See cautio de servo persequendo.— D. 11.4; C. 6.1..

Arno, 57 Perozzi 1925, 259; Carcaterra, AG 120 (1938) 158; M. Roberti, La lettera di San Paolo a Filemone e la condizione del servo fugitivo, 1933; E. Albertario, St di dir rom. 2 (1941) 273; Pringsheim, St Solazzi 1948, 602; idem, Fschr Schulz 1 (1951) 279; Coleman-Norton, St in honor of A. C. Johnson (Princeton, 1951) 172.

Servus hereditarius. A slave belonging to an inheri­tance. Such a slave was interrogated under torture when the authenticity of the testament was questioned, without regard to whether he was freed therein or not.

Servus ordinarius. A slave who had in his peculium a slave (see servus vicarius).

Servus peculiaris. A slave who was a part of a pecu­lium. A slave in a soldier’s peculium (peculium castrense) was the soldier’s slave. A filius familias endowed with a peculium could not manumit a slave belonging to the peculium without his father’s au­thorization.

Servus poenae. A free man who became a slave through condemnation with capital punishment (death penalty, fight with wild beasts, forced labor in mines). He was considered a slave sine domino (not belong­ing to anybody). If a slave was condemned to capital punishment, the ownership of his master was destroyed and did not revive any more. A servus poenae could not be freed. In certain cases, a sentence, even when not involving capital punishment, could impose on the condemned slave the additional penalty “ne manu­mittatur” which meant that he could not be manu­mitted and remained slave for life.

Pfaff, RE 2A; Lecrivain, DS 4, 1284; Donatuti, BI DR 42 (1934) 219; U. Brasiello, SV Virgilii (1935) 41; idem, Re­pressions penale (1937) 416.

Servus publicus (servus populi Romani). A slave owned by the state (the Roman people). Public slaves were employed in the offices of magistrates, in Rome and municipalities, in temples, pontifical offices and the like, for minor auxiliary work and servant duties. They were granted some personal privileges and, if they had a peculium, they might dispose thereof in part. Better qualified slaves were employed in accounting and secretarial service; they obtained at times influential positions and were soon rewarded by their masters with liberty. In the later Empire there was a tendency to exclude slaves from civil service. The manumission of a servus publicus was performed by a pertinent declaration of a magis­trate with the previous authorization of the senate; in the Empire the emperor granted liberty to a servus publicus. In municipalities the manumission was de­creed by the municipal council.—C. 7.9.

De Ruggiero, DE 2, 750; L. Halkin, Les esclaves publics ehe2 les Rom., 1897.

Servus recepticius. See RECEPTICIUS SERVUS.

Servus redemptus. See redemptus ab hoste.

Servus redemptus suis nummis. See redemptus SUIS NUMMIS.

Servus sine domino. A slave without a master, not owned by anybody. His legal situation was that of a res nullius.—See servus poenae, servus dere­lictus, SERVUS FRUCTUARIUS.

F. X. Affolter, Die Persönlichkeit des herrenlosen Sklaven, 1913.

Servus usuarius. See usuarius (adj.), usus.

Servus vicarius. The slave of a slave, a slave in an­other slave’s peculium. He is servus peculiaris while his superior is servus ordinarius. A servus vicarius could have a peculium for himself, peculium vicarii. The manumission of a servus vicarius could be per­formed by the master of the servus ordinarius.

Lecrivain, DS 5, 823; H. Erman, S.v. (Recueil publie par la Faculte de droit de I’Univ, de Lausanne, 1896) 391; Düll, ZSS 67 (1950) 173.

Servus. (Adj.) Used both of persons (slaves) and of immovables encumbered with a servitude (see servitus), as servus fundus, servum praedium. Syn. praedium quod servit.

Sessio. (From sedere}. A praetor’s sitting in court (praetor sedit} whether he is acting pro tribunali or DE PLANO.

Sestertium. One thousand sesterces (sestertii).—See SESTERTIUS, SOLIDUS.

Lenormant, DS 2, 95.

Sestertius (scil. nummus). A silver coin in the Re­public, a brass coin in the Principate. It was first equivalent to two and a half asses, later to four asses (see as). Abbreviation: HS. Sestertio nummo uno occurs in inscriptions for nummo uno; see num­mus UNUS.—See SOLIDUS.

Regling, RE 2A; Babeion, DS 4; Lenormant, DS 2, 94; Mattingly, OCD {s.v. coinage).

Sestertius pes. See AMBITUS.

Severus Valerius. See Valerius severus. Seviri (sexviri) Augustales. See augustales. Sexagenarius. See procuratores in public law. Sexprimi. The “first six.” They were the chairmen of the association of subordinate officials (see ap­PARITORES).

Si paret. See intentio (a part of the procedural formula).

Si quidem..., si vero.... If..., if, how­ever. Sentences in which two or more contrasting legal situations are taken into consideration occur in interpolated passages. This and similar constructions are, however, not an absolutely reliable criterion of interpolation.

Guarneri-Citati, Indice² (1927) 81; idem, Fschr Koschaker 1 (1937) 152.

Si quis. See SIGNIFICATIO VERBORUM.

Sicarius. A murderer. Sulla’s Lex Cornelia de sicariis introduced a quaestio perpetua (a permanent court) for murderers (sicarii) and poisoners (venefici). In classical law a sicarius was also one who was going around armed with the intention to assassinate some­one or to commit a theft, furthermore one who in his capacity as a magistrate or chairman of a criminal court induced a witness to make false testimony in order to prosecute and convict an innocent person of a crime, and a magistrate or judge who received a bribe to accuse a person of a capital crime. “It makes no difference whether one killed a man or caused his death” (D. 48.8.15). Under the influence of juris­prudence and imperial legislation the mentioned Lex Cornelia, which remained in force still under Jus­tinian, was applied to various kinds of offenses which resulted in the death of a man. Death penalty was inflicted on the criminal and his property was seized. In many cases the accuser was rewarded.—D. 48.8; C. 9.16.—See LEX CORNELIA DE SICARIIS, HOMICI­DIUM, PARRICIDIUM.

Pfaff, RE 8, 2249; Cuq, DS 3, 1140; Hitzig, Schweizer­ische Ztschr. fur Strafrecht 9 (1896) 28; Condanari-Mich- ler, Scr Ferrini 3 (1948, Univ. Sacro Cuore, Milan) 70.

Sigillum. A seal affixed to a written document. Syn. SIGNUM.

Siglae. Abbreviations. Justinian forbade the use of sigtae in manuscripts of the Digest and the Code.

Bilabel, RE 2A; Berger, BIDR 55-56 Post-Bellum (1951) 158; 166.

Signare. To subscribe a document (a last will) ; syn. subscribere. Signare denotes also to seal with a signum (with a seal ring = anulus signatorius), e.g., wax-tablets on which a testament was written. In a wider sense signare — to provide a thing with a sign or a mark to indicate the owner.—See signum, anulus.

Signare pecuniam. To seal a little bag (sacculum) containing money to be deposited with a banker or a friend. The depositary was obliged to restore the bag untouched. If the depositor died special pre­cautions were prescribed when one of the heirs de­manded the delivery of his share.

Wenger, RE 2A, 2377.

Signatores testament!. Those who signed and sealed a testament as witnesses. When a testament had to be opened after the death of the testator (see aper­tura testamenti ), the signatores had to be convoked to acknowledge their seals.

Archi, StPav 26 (1941) 84; Macqueron, RHD 24 (1945) 164.

Signifer. A standard-bearer in a legion.

Kubitschek, RE 2A.

Significatio verborum. The meaning of words. The title 50.16 of the Digest (De significatione verborum) gives explanations of several hundreds of terms, both juristic and non-juristic. The definitions were col­lected from various juristic works in which almost all classical jurists were represented. The collec­tion was prepared for furthering a better understand­ing of terms and locutions used in the Digest. The title starts with the explanation of the phrase “si quis” (= if anybody...) which is interpreted to the effect that it “comprises both men and women” (D. 50.16.1).—C. 6.38.

Signum. (With reference to military units.) A standard, a banner.

Kubitschek, RE 2A, 2349.

Signum. (On written documents.) A seal (a stamp) put on to close a document in order to make its con­tents inaccessible to unauthorized persons and protect it against forgery, or at the end of it after the written text. In the latter case the seal (without or with a signature) indicated that the sealer recognized the written declaration as his (subscriptio, subsignatio). Signum is also the seal of a witness who was present at the making of a document. In certain specific instances sealing a document was legally required. See TESTAMENTUM SEPTEM SIGNIS (SIGILLIS) SIG­natum. Sealing a forged testament or an illicit removing of a seal from a testament was punished under the Lex Cornelia de falsis.—See obsignatio, SIGNARE, ANULUS.

Wenger, RE 2A; Chapot, DS 4; Erman, ZSS 20 (1899) 181; Wenger, ZSS 42 (1921) 611.

Signum agnoscere. To acknowledge a seal as one’s own. Syn. recognoscere.

Silentiarii. A body of thirty officials in the later Empire, to maintain order in the imperial palace and at court-meetings in the imperial consistorium. They also had their assignment in the court ceremonial. Created in the fourth century, they acquired later some military functions. Their commanders (de­curiones) were considered among the highest func­tionaries of the imperial palace.—C. 12.16.

Seeck, RE 3A; Lecrivain, DS 4; J. E. Dunlap, Univ, of Michigan Studies, Humanistic Ser. 14 (1924) 22Q.

Silentium. Silence. Generally, silentium is not con­sidered a manifestation of will. Sometimes, however, the silence of a person who in a given situation had to speak, was regarded as non-opposition (non con­tradicere, non dissentire) and as such as a tacit con­sent, e.g., the silence of a father with regard to a marriage of his son (filius familias).—Silentium was used also of the inaction on the part of a person who was entitled to act as a plaintiff. Longum silentium = such inaction during a longer time; it might pro­duce the loss of an action; see longi temporis prae­scriptio. For silentium of a party during a trial, see tacere, interrogatio in criminal trials.

G. Borgna, Del silenzio nei negozi giuridici, 1901; P. Bon­fante, Scr giur 3 (1926) 150; Donatuti, Si Bonfante 4 (1930) 459; Perozzi, Scr 2 (1948, ex 1906) 599.

Siliqua. A small silver coin equal to one twenty-fourth of a solidus aureus.

Regling, RE 3A; Seeck, ibid. 65.

Siliquaticum. A sales tax in the later Empire, reck­oned in siliquae.

Ferrari, AVen 99, 2 (1939-40) 202.

Silva. A wood, a woodland. There was a distinction between a silva caedua (exploited by cutting trees for timber) and silva pascua (used as pasture for cattle). The usufructuary of another’s woodland should use it in an economically reasonable way (“as a father of a family,” D. 7.1.9.7) and not abuse it to the detriment of the owner.

Burdese, Si sull’ager publicus, MemTor ser. II, 76 (1952) 117.

Similitudo. Resemblance, analogy. Ad similitudinem is syn. with ad instar, ad exemplum.—See instar, exemplum.

Steinwenter, Si Arangio-Ruiz 2 (1952) 172.

Simplaria venditio. A sale in which the seller did not specify any particular quality or defect of the thing sold (for instance, a slave sold as “no good, no bad”). Such sales which normally concerned ordinary things of no great value, could not be rescinded by REDHIBITIO.

Bruns and Sachau, Syrisch-rdm. Rechtsbuch, 1880, 207. Simplicia interdicta. See interdicta simplicia. Simplicitas. Simplicity, clearness. “Simplicity (clar­ity) in laws seems to us more desirable than intri­cacy” (Justinian, Inst. 2.23.7).

Simpliciter. Simply, plainly. The adverb is used in different meanings, depending on with what it is contrasted. Thus, for instance, to promise (to give a donation, to bequeath a legacy) simpliciter = un­conditionally (when opposed to sub conditione); to assume an obligation simpliciter = without giving se­curity (when opposed to cum satisdatione) ; to stipu­late simpliciter = without a penalty (when opposed to a stipulatio under penalty). With reference to judicial measures to be granted by a magistrate sim­pliciter is opposed to causa cognita (after investiga­tion of the case, see causae cognitio).

Simplum. See actiones in simplum.

Simulare (simulatio). To feign, to simulate, to pre­tend. In contractual relations a simulatio occurred when the parties with mutual understanding con­cluded a transaction while their intention was to conclude another or none at all. The purpose of such fictitious transactions was either to give thereto the appearance of a legal act, while in fact the trans­action was illicit (e.g., the parties covered a pro­hibited donation with a fictitious sale) or to feign that a legal situation existed which in fact did not exist (e.g., an imaginary marriage, nuptiae simulatae, to avoid the disadvantages imposed on unmarried persons by the Augustan legislation on marriages, see LEX IULIA ET PAPIA POPPAEA). Acts concluded simulate (simulated acts) were not valid since they were not intended by the parties; nor was the act which the parties wanted to conclude valid if it was contrary to the law. The rubric of the title 4.22, of the Code, defines: “More valid is what is being done than what is being expressed in simulated terms.” The rule lay stress in particular on the “truth of the matter” (veritas rei) and not on what had been feigned in a written deed.—C. 4.22.—See imagi­narius, DICIS CAUSA.

Berger, RE 9, 1094 (s.v. imaginarius) ; Rabel, ZSS 27 (1906) 290; Partsch, ZSS 42 (1921) 122; idem, Aus nach­gelassenen Schriften, 1931, 122; G. Longo, St Riccobono 3 (1936) 113; idem, AG 115 (1936) 117; 116 (1937) 35; Betti, BIDR 42 (1934) 299; idem, Fschr Koschaker 1 (1939) 297; idem, ACSR, IV Congr., 1938; G. Pugliese, La simulazione nei negozi giuridici, 1938.

Sinceritas. A complimentary title used by the em­perors in official letters (rescripts) addressed to higher officials of the Empire (“sinceritas tua” = your sincerity).

Sine die. Refers to obligations for the fulfillment of which a term was not fixed. “What is due without a date being fixed, has to be paid immediately” (D. 45.1.41.1).

Sine die et consule. Without indication of the day and the consul, i.e., without a date. Constantine or­dained that undated imperial constitutions were not valid.

Niedermeyer, ACDR Roma 1 (1934) 366. Sine domino. See servus sine domino. Sine re. See BONORUM POSSESSIO SINE RE. Sine suffragio. When a juror did not indicate on his voting tablet whether he was for the acquittal or condemnation of the defendant, the tablet was sine suffragio (= without any vote).—See civitates sine SUFFRAGIO.

Sinere. See LEGATUM SINENDI MODO.

Singulare ius. See ius singulare.

Singuli. Individual citizens (as opposed to the whole people, populus Romanus); members of an associa­tion (as opposed to the whole body, universitas).

Sistere aliquem. To assume the obligation by giving security (to guarantee) that a certain person engaged in a lawsuit (primarily the defendant) will appear in court (iudicio sistere) at a fixed date.—See cautio IUDICIO SISTI, VADIMONIUM, VINDEX.

Sisti (se) iudicio. To appear in court.—D. 2.10.

Societas. A contract of partnership concluded be­tween two or more persons with the purpose to share profits and losses. The contractual relation­ship among the partners (socii) arose through simple consent (consensus) of the partners. The intention to conclude a societas is termed affectio societatis\ it certainly makes no difference whether the term is a classical or later creation since, in fact, it does not denote more than consensus. The partners con­tributed to the common business money, goods, rights, claims against third persons, or their personal pro­fessional skill and labor. Funds and things collected became joint ownership of all partners, normally in equal shares unless different shares were established at the conclusion of the societas, when the contribu­tions of the partners were not equal or when their parts in labor or personal services were of a different value. Accordingly, the share of each partner in profits and losses was fixed by agreement. The societas had no legal personality; the partners were liable for the debts of the societas, without regard to its funds, on the other hand the claims of the societas against its debtors were claims of the partners. A societas was dissolved by a mutual agreement of the partners (dissensus), by the death of one partner, his capitis deminutio or bankruptcy, or by renun­tiatio of one partner, i.e., his unilateral withdrawal from the societas. Controversies among the partners were settled in an action, actio pro socio, brought by one partner against the other. The action was an actio bonae fidei; the defendant could be condemned only in id quod jacere potest (see beneficium com­pete ntiae), but the condemnation involved infamy. The division of the common property of the partners was achieved through actio com muni dividundo. The origin of societas goes back to the community of property( see consortium) among filii familias, heirs of their father, which served as a model for common ownership and common management of affairs among persons not tied by the origin from a common an­cestor.—The term societas occurs at times in the sense of an association (= collegium, corpus).—Inst. 3.25; D. 17.2; C. 4.37.—See communio, consortium

ERCTO NON CITO, ACTIO COMMUNI DIVIDUNDO, COM­MUNICATIO LUCRI ET DAMNI, ACTIO PRO SOCIO, QUAESTUS, VIATICUM.

Manigk, RE 3A; Lécrivain, DS 4; Rodino, NDI 12, 1 (s.v. società civile) ; C. H. Monro, Digest 172. Pro socio (Cambridge, 1902) ; E. Levy, Konkurrenz der Aktionen 2, 1 (1922) 139; E. Del Chiaro, Le contrai de sociétc en dr. privé rom., 1928; A. Poggi, Il contratto di società, 1-2 (1930, 1934); Guarneri-Citati, BIDR 42 (1934) 166; F. Wieacker, ZSS 54 (1934) 35; idem, Societas, Hausgemein­schaft und Erwerbsgesellschaft, 1936; Arangio-Ruiz, St Riccobono. 4 (1936) 357; Daube, CambLJ 6 (1937) 381; C. Arno, Il contratto di società (Lesioni) 1938 ; Di Marzo, BIDR 45 (1938) 261; Condanari-Michler, St Bcsta 3 (1939) 510; Pflüger, ZSS 65 (1947) 188; E. Schlechter, Le contrai de société en Babylon, en Grèce et à Rome, 1947; Frezza, St Solassi (1948) 529; V. Arangio-Ruiz, La società in dir. rom. (Corso), 1950; Weiss, Fschr Schuls 2 (1951) 86; Solazzi, lura 2 (1951) 152; Van Oven, TR 19 (1951) 448; idem, St Aran gio-Ruis 2 (1952) 453; Wieacker, ZSS 69 (1952) 302.

Societas leonina. A societas in which one partner participates only in the losses and is excluded from sharing the profits. Such a contract was not valid.

V. Arangio-Ruiz, La società in dir. rom., 1950, 110.

Societas maleficii. A group of persons intent to com­mit a crime together.

Societas negotiationis. See societas unius negotii. Societas omnium bonorum. A partnership embrac­ing the whole property of all partners. Such a kind of societas was the earliest form of joint ownership of an estate among the heirs ; see consortium.

V. Arangio-Ruiz, La società in dir. rom., 1950, 16; Van Oven, TR 19 (1951) 448.

Societas publicanorum. See publicani.

Societas quaestus. A partnership yvhich comprises gains obtained from the economic activity and legal transactions (sales, leases) of the partners. Ex­cluded from the community are donations, legacies and inheritances.

Societas re contracta. A societas existing independ­ently from the consent of the parties. This occurred when one or more things came into common owner­ship of several persons. The notion of societas re contracta is a postclassical creation.

Arangio-Ruiz, St Riccobono 4 (1936) 357; idem, La so­cietà in dir. rom., 1950, 35.

Societas unius negotii (societas negotiationis). A partnership concerning a commercial or industrial business. All juristic and economic operations con­nected with it are covered by the partnership.

Arangio-Ruiz, La società in dir. rom., 1950, 141.

Societas unius rei. A partnership concerning one, commercial or non-commercial, transaction (a sale, a lease, etc.)—See politor.

Societas vectigalium. See societas publicanorum. See PUBLICANI.

Socius. (In private law.) A partner in a company (see societas), a co-owner, a member of an asso­ciation {collegium).

Socius. (In penal law.) An accomplice, an accessory, an abettor, one who gives assistance (iuvat, adiiivat, adiutorium pracbet) to a criminal before, during, or after the crime. Syn. conscius, consors, particeps. As a matter of rule, the socius was punished by the same punishment as the principal wrongdoer; excep­tions from this rule were introduced later in favor of the accessory.—See ope consilio, lex fabia.

Pfaff, RE 3A; R. Balougditch, Etude sur la complicite (These Montpellier, 1920); K. Poetzsch, Bcgriff und Be­deutung des s. im rom. Strafrecht (Diss. Gottingen, 1934).

Socius. (In public law and international relations.) An allied state with which Rome had a treaty of alliance {foedus) delimiting the ally’s rights and duties towards Rome. In internal administration an allied state was autonomous in retaining its con­stitution, its government, its control of finances and its legal system. Among its duties that of furnish­ing a contingent of troops under Roman command {praefecti sociorum) was the most burdensome. The privileges granted an ally were not uniform; their extension depended upon the closeness of his attachment to the Roman state. An ally had no right to conclude a treaty with another state or to make war independently of Rome. During the third and second centuries b.c. restrictions were gradually imposed on the autonomy of the allies. The situation of the allies in Italy {socii Italici) turned to the worse; after the Social War (91-88 b.c.) Roman citizenship was granted to all cities in Italy which brought the expansion of Roman law and juris­diction over the whole peninsula. There were also socii beyond Italy, more or less dependent on Rome. Their number increased after the Roman victory over Carthage. After various modifications the provin- cialization of the former allies was achieved and the Roman rule expanded over territories in which the autonomous institutions fell soon into oblivion giving place to Roman power and governors.—See foedus, CIVITATES FOEDERATAE, FOEDUS, AMICUS POPULI ROMANI.

Lecrivain, DS 4, 1367; Sher win-White, OCD; Matthaei, Class. Quarterly Rev., 1907, 182.

Sodales. Members of an association {collegium, sodali­tas). In a more specific sense the term refers to col­leges of a religious character, primarily to minor priesthoods.

Bailey, OCD.

Sodales Augustales. A college of priests instituted by the emperor Tiberius after the death of Augustus and charged with the cult of the late emperor. Later, similar groups of priests were entrusted with the cult of the emperors Titus, Hadrian, and Antoninus Pius {sodales Flaviales, Hadrianales, Antoniniani).

Cagnat, DS 4.

Sodalicia. See the following item.

Sodalitates (sodalicia). Groups of persons organized under the chairmanship of a magister as a body for specific purposes. In the political life the sodalitates were a union of individuals who illegally worked for a candidate during the electoral campaign; see lex LICINIA DE SODALICIIS.

Pfaff, RE 3A; Ziebarth, RE 3A; Riewald, RE 1A, 1640; U. Coli, Collegia e sodalitates, 1913.

Solacium. An indemnification, a compensation for damages. In imperial constitutions the term is used in the meaning of a stipend or a salary.

Solarium. See superficies.

Solere. To use to do something. Used of customs and usages, practiced in legal and commercial life as well as in courts.

Solidare. In imperial constitutions to confirm, to strengthen (a legal transaction).

Solidum. (Noun.) A thing in its entirety, a whole, a sum due as a whole. Solidum occurs primarily in locutions in solidum and pro solido, e.g., to acquire or to sell a thing as a whole, to sue one of more debtors for the whole debt. See duo rei promittendi. For solidum in the law of successions, see capacitas, CAPAX, LEGES CADUCARIAE.—See PERVENIRE AD ALI­QUEM.

Solidus. (Adj.) Actiones solidae = lawsuits for the whole debt. Solida successio — the whole inheri­tance.

Solidus. (Noun.) aureus (syn. aureus solidus, soli­dus aureus), a gold coin containing from the time of Constantine *42 a Roman pound (libra) of gold. Justinian’s compilers interpolated the solidus in ju­ristic writings for the former one thousand sesterces (see sestertium) ; thus both sestertium and sestertius disappeared in Justinian’s codification.

Regling, RE 3A; Babeion, DS 4; S. Bolin, Der S., Acta Instituti Rom. Regni Sueciae, 2 ser. 1 (1939) 144; Cesano, Bull. Comm. Archeol. di Roma, 58 (1930), Bull, del Museo, p. 42.

Solis occasus. Sunset. According to the Twelve Tables a trial in court had to be closed before sunset by the pronouncement of a judgment by the judge. Meetings of the senate, which normally started early in the morning, were to be ended at sunset.

Solitarius. See pater solitarius.

Solitus. Customary, usual.—See solere.

Sollemne ius. Opposed to the law created by the praetor (ius praetorium, ius honorarium). Sollemne ius is syn. with ius civile and refers primarily to the solemn formalities prescribed by that law.

Sollemnia (iuris). Legal formalities prescribed by the law for certain acts, such as the acts per aes et libram, testaments, legis actioties, stipulatio, etc. Syn. sol­lemnitates iuris. Praetorian law and imperial legis­lation gradually alleviated and partly abolished the formalities of the earlier law. In a rescript issued in a particular case Emperor Marcus Aurelius stated: “Although in solemn legal formalities changes should not easily be made, yet where obvious equity (aequi­tas) requires help must be granted” (D. 4.1.7 pr.). This rule was accepted by Justinian as a general one through its repetition in the final title of the Digest, De diversis regulis iuris antiqui (D. 50.17.183). In the language of the imperial chancery the sollemnia found a wide application, being connected with any act for which certain formalities were prescribed (e.g., sollemnia accusationis, adoptionis, appellationis, iuris- iurandi, etc.).

Riccobono, L’importanza e il decadimento delle forme sol- lenni, Miscellaneous Verme er sch 2 (1935).

Sollemnia testamenti. Formalities required for the validity of a testament.

Sollemnia verba. See verba certa et sollemnia.

Sollemnis. Prescribed by law, human or sacral, or observed through tradition. See sollemnia (iuris). Hence sollemniter indicates any act performed under observance of the prescribed formalities.

Sollemnitas, sollemniter. See sollemnia (iuris), sollemnis.

Sollicitator. A seducer.—See actio servi corrupti. Solum. See SUPERFICIES, res mobiles.

Solutio. In a broader sense solutio indicates any kind of liberation of the debtor from his debt. Obligations contracted in a specific form (litteris, Verbis) had to be extinguished in a similar form; see prout quis­que. Thus a literal obligation (litterarum obligatio) was extinguished by expensilatio, a stipulatio by a parallel oral form, the acceptilatio. In a narrower sense solutio denotes the payment, the fulfillment of an obligation. Payment could be made by anyone, not only by the debtor himself, but even without his knowledge and against his will. The creditor was not obliged to accept a part of the debt nor another thing in lieu of that which was actually due (aliud pro alio). Failure to pay at the term fixed produced for the debtor the disadvantages of a default (see mora debitoris). A creditor who refused the acceptance of the payment could also be in default (in mora) ; see mora creditoris.—D. 46.3; C. 8.42; 11.40.— See OBLIGATIO, satisfactio, adiectus solutionis CAUSA, BENEFICIUM COMPETENTIAE, DATIO IN SOLU­TUM, APOCHA, USUCAPIO PRO SOLUTO.

Huvelin, DS 4; Leonhard, RE 3A; P. Kretschmar, Die Erfüllung, 1906; P. Thermes, Le paiement (These Tou­louse, 1934) ; S. Solazzi, L’estinzione dell’obbligazione, 2nd ed. (1935) 9.

Solutio imaginaria. The solemn acts of liberation of the debtor, the acceptilatio, and the solutio per aes et libram, are qualified as solutio imaginaria, see imaginarius. Through these acts the debtor was liberated from his obligation whether or not he effec­tively paid the debt.

»Solutio indebiti. The payment of a debt which in fact did not exist.—See indebitum, condictio in­debiti.

P. Voci, La dottrina rom. dei contratto (1946) 98.

Solutio legibus. In the Republic the senate could decree in exceptional cases that a law being in force should not be applied in a specific case. Normally such a decree of the senate had to be followed by a confirming vote of a popular assembly. Such dis­pensations of magistrates from a strict application of a law, or of an individual person from a legal require­ment, were issued as an exceptional measure in case of urgency. This rule was not always observed and abuses were not rare. See lex Cornelia de legibus solvendo (of 67 B.c.). The right of the senate to grant a solutio legibus was still exercised in the early Pr incipate.

O’Brien-Moore, RE Suppl. 6, 746; Mommsen, Röm. Staatsrecht 3, 2 (1888) 1229; G. Rotondi, Leges publicae populi Rom. (1912) 165; 520.

Solutio per aes et libram. The payment of a debt which arose from a transaction concluded in the solemn form per aes et libram. The liberation of the debtor had to be performed in the same form, with the assistance of five witnesses and a balance­holder (libripens). This form of solutio was applied also with regard to judgment-debts (see iudicatum) and legacies bequeathed in the form of legatum per DAMNATIONEM.—See SOLUTIO IMAGINARIA.

Michon, Recueil Gény 1 (1934) 42.

Solutionis causa adiectus. See adiectus solutionis CAUSA.

Solutum. See DATIO IN solutum.

Solutus. See VINCTUS.

Solvendo esse. To be solvent. “No one is considered solvent unless he is able to pay the whole debt” (D. 50.17.95). The term is applied both to persons and estates. Ant. solvendo non esse. An insolvent person was exempt from the duty to assume a guard­ianship. Insolvency of a debtor which was effected by fraudulent acts of his own (donations, manumis­sions) performed in fraudem creditorum, could be rescinded by the creditors; see fraus, interdictum FRAUDATORIUM, IDONEUS, FACERE POSSE.

Pringsheim, ZSS 41 (1920) 252; Schulz, ZSS 48 (1928) 214; Kühler, St Albertoni 1 (1935) 493; G. Nocera, In­solvenza e responsabilità sussidiaria (1942) 19.

Solvere. To pay a debt. “We say solvere when some­body did what he had promised to do” (D. 50.16.176). See solutio. In a broader sense solvere means to dissolve a legal (contractual) relationship by mutual agreement of the parties involved. For the rule that an obligation assumed -by a contract should be dis­charged (solvi) in the same way, see prout quisque, etc. Hence verbal contracts had to be dissolved orally, through the use of prescribed words, and literal contracts (see obligatio litterarum) by written forms (litterae). Solvi —to be liberated from an obligation or any legal binding, to be dis­solved (e.g., matrimonium).

Solvere legibus. See solutio legibus.—See lex CORNELIA DE LEGIBUS SOLVENDO.

Sonticus morbus. A serious disease which prevented a person from the fulfillment of his duties. It was a justified excuse for non-appearance in court.

Sordida munera. See munera sordida.

Soror. A sister. Soror was also a mother or step­mother who acquired in the family the legal situation of a daughter through marriage with the father of the family combined with conventio in manum and thus became a sister of the latter’s children.— See FILIA FAMILIAS, MANUS.

Sors. A lot. When two co-owners or co-heirs ap­plied to a court for the division of the common prop­erty (inheritance) under actio communi dividundo or actio familiae erciscundae, it used to be determined by lot which of the parties had to institute the trial as the plaintiff.—See sortitio.

Sors. A sum lent at interest, the principal.—See USURAE.

Sors. A plot of ager publicus assigned to a member of a colony.

Sortitio. Determination by lot.—See album iudicum, subsortitio.

Ehrenberg, RE 13, 1495 (s.v. Losung); Lecrivain, DS 4, 1417.

Sortitio. (In public law.) In centuriate assemblies (comitia centuriata) the centuria which had to vote first (centuria praerogativa) was determined by lot (sortiri). If in an election of magistrates two can­didates received an equal number of votes, it was decided by lot which of the two was to obtain the magistracy. In some other instances (of minor im­portance) designation by lot was alternative with the decision by a superior magistrate.

Ehrenberg, RE 13, 1493 (s.v. Losung).

Sortitio. Among colleagues in office, see the follow­ing item.

Sortitio provinciarum. Drawing by lot for the as­signment of the various spheres of activity (pro­vinciae) to colleagues in office (see collega), as consuls, praetors, municipal magistrates, etc. The division of functions concerned primarily military command and jurisdiction. It could be settled by common agreement which made the drawing of lots superfluous (sine sorte). Sortitio was mandatory with regard to the functions of praetors.

Spado. Incapable of procreation, either by nature or through castration. A spado was permitted to marry and adopt.—See pubescere, castrati, eunuchi. Pfaff, RE 2A.

Spatium. Indicates both space in room (e.g., an in­terval between two buildings, see ambitus) and in time (a period of time within which a legal act had to be accomplished).

Spatium deliberandi. See deliberare, tempus ad DELIBERANDUM.

Specialis. Special; specialiter = especially, expressly, in particular. The words occur frequently in Jus­tinian’s constitutions and, together with ant. generalis and generaliter, are among his favorite expressions. They are generally considered as criteria of inter­polations; their occurrence, however, in works of rhetoricians does not permit their definite exclusion from the language of the jurists. In particular, the adverb specialiter often occurs in connection with specific clauses inserted in an agreement.—See gene­ralis, IUDICIA GENERALIA, IURISDICTIO MANDATA, NISI.

Guarneri-Citati, Indice² (1927) 83; Peters, ZSS 32 (1911) 183; E. Albertario, Studi 4 (1946) 79.

Species. An individual thing, to be distinguished from genus = a kind, sort of things, with common quali­ties. The distinction is of importance in obligatory relations; see genus. Species is also used of a spe­cific legal problem submitted for a decision or dis­cussion. When connected with a legal institution (e.g., species legati, fideicommissi) species means the legal form in which an act was performed (a legacy). Speciem novam jacere = to make a new thing from a raw material; see specificatio. In later imperial constitutions species (in plur.) indicates natural, agricultural products; hence in speciebus — in kind, in natura. Sub specie — under the pretext of.

Scarpello, NDI 12, 2; S. Perozzi, Scritti 1 (1948, ex 1890) 241; Ferrini, Opere 4 (1930, ex 1891) 103; A. Hagerstrom, Der rbm. Obligationsbegriff 1 (1927) 236; Savagnone, BIDR 55-56 (1952) 241.

Specificatio. Making one thing from another (raw material). The term is not of Roman coinage; its origin is to be traced to the locution novam speciem jacere; see species. Juristically specificatio becomes important if a person makes a thing from another’s material without the latter’s authorization; the prob­lem as to who is the owner of the nova species, the owner of the material or the worker (the maker), was largely discussed by the jurists and not always decided according to the same principle. The opin­ions of the two schools, the Sabinians and Proculians, differed in this respect. Justinian solved the problem from the point of view of the reducibility of the new thing (nova species) to its former shape. If the new thing was made partly from the maker’s material, it became property of the maker. For the various types of specificatio, see commixtio, confusio, coniunc- TIO, TEXTURA, tabula picta, accessio, planta, SATIO.

Weiss, RE 3A; Lecrivain, DS 4; R. Piccard, Recherches stir I’hist. de la s. (These Lausanne, 1926) ; De Martino, RDNav 3 (1937) 179; Kaser, ZSS 65 (1947) 242.

Speciosa persona. A person (man or woman), pri­marily of senatorial rank, who was entitled to be distinguished by the appellative clarissimus. Syn. spectabilis.

Spectabilis. An honorific title of higher officials in the later Empire. The spectabiles formed the second rank after the illustres. They enjoyed various per­sonal privileges similar to those of the clarissimi; exemption from the decurionate (see ordo decurio­num) was their most important right. After a period of nearly two centuries, during which the honorific titles were fluctuating, from the beginning of the fifth post-Christian century a strict distinction was made among the three high-ranking groups, illustres, spec­tabiles and clarissimi.

Ensslin, RE 3A; Chapot, DS 4; P. Koch, Bysantinische Beamtentitel (1903) 22; O. Hirschfeld, Kleine Schriften (1913) 664; 670.

Spectaculum. A show. See ludi. It is characteristic that the title 11.41 of Justinian’s Code deals with spectacula together with attors and lenones (match­makers).

Spectare. Through spectandum est the jurists used to call attention to specific circumstances which should be taken into consideration at the examination of a case. Spectare aliquem = to concern a person (for instance, a debt, a risk).

Spectator. A mint official who tested coins. Syn. nummularius.—See tesserae nummulariae.

Regling, RE 13.

Spectio. The activity and the right to observe celestial or other signs during the auspicia. They were a prerogative of the highest magistrates.

Marbach, RE 3A.

Speculatores. Soldiers or cavalrymen in the intelli­gence service of the army (normally ten in a legion). Speculatores were also particularly qualified soldiers who served as bodyguards of the emperor. They were also employed as military couriers. At times speculator indicates an executioner.

Lammert, RE 3A; Cagnat, DS 4, 637; Jones, J RS 39 (1949) 44; O. Hirschfeld, Kleine Schriften (1913) 585; 598.

Spes. See EMPTIO SPEI, EMPTIO REI SPERATAE. Bartosek. RIDA 2 (1949) 20.

Splendidiores personae. See honestiores.

Spernere. To repudiate (e.g., an inheritance, a legacy), to reject, to condemn (the decision of an arbitrator in order to sue one’s adversary before an ordinary court).

Spolia. Weapons and armor taken from an enemy in time of war. They became the property of the vic­torious soldier who killed him. Spolia was also used of what a person condemned to death had on himself before his execution. He was stripped of them and the executioner had the right to claim them.—See SPECULATORES.

Lammert, RE 3A; Cagnat, DS 4; Vogel, ZSS 66 (1948) 394.

Spoliatio cadaveris. Larceny of property committed on a dead body.—See cadaver.

Spondere. The decisive expression in the formula of stipulatio by which a person promised to pay a sum of money or assumed any obligation (spondesne ? spondeo). In lieu of spondere, later other words were admitted. See stipulatio. The term spandere also indicates the obligation assumed by a surety ; see SPONSIO, FIDEIUSSIO.

Sponsa. A fiancée.—See sponsalia.

Sponsalia. A betrothal. “Sponsalia are the promise (mentio) and the counterpromise for a future mar­riage” (D. 23.1.1). In ancient law the father of the fiancée promised his daughter to the future husband or to his father in the solemn form a sponsio (ques­tion and answer). Later, a simple consent sufficed for a betrothal. Sponsalia were not binding and even a penalty clause attached to the pertinent agreement was void since “it was considered dishonest that mar­riage be enforced by the tie of a penalty” (D. 45.1.134 pr.). Sponsalia had nevertheless some legal effects, though of minor importance. Thus the conclusion of a new betrothal before the former was dissolved, involved infamy. A personal offense (iniuria) of the fiancée could be prosecuted by her fiancé. A fiancé could not be compelled to testify against his future father-in-law and vice versa. A fiancé could accuse his fiancée of adultery. In the fourth century after Christ earnest money (arra sponsalicia) served as a guarantee for the fulfillment of sponsalia since the party which broke off the betrothal without any just ground lost the arra given or had to return double the amount received. Sponsalia could be dissolved by mutual consent or by a simple declaration of one party; see repudium. Gifts between betrothed per­sons are termed sponsalia in imperial constitutions. —D. 23.1; C. 5.1.—See matrimonium, arra spon­salicia (Bibl.), DONATIO ANTE NUPTIAS, FILIA FA­MILIAS, PATRIA POTESTAS, OSCULUM, REPUDIUM.

Weiss, RE 3A; Lécrivain, DS 3, 1654; Koschaker, ZSS 33 (1912) 392; Solazzi, ATor 51 (1916) 749; idem, St Albertoni 1 (1935) 42; Volterra, BIDR 40 (1932) 87; idem, RISG 10 (1935) 3; idem, SDHI 3 (1937) 135; E. Herman, Die Schliessung des Ferlobnisses im Rechte Just., Analecta Gregoriana 8 (1935) ; Massei, BIDR 47 (1940) 148; Beseler, ConfCast 1940, 38; L. Anné, Les rites des fiangailles (Diss. Louvain, 1941) ; A. Magdelain, Les ori­gines de la sponsio (1943) 98; Gaudemet, RIDA 1 (1948) 79; R. Orestano, La struttura giuridica del matrimonio rom., 1952, 339 (=BIDR 55-56, 1952, 221).

Sponsalicia largitas. Gifts given to a fiancée by her fiancé. Syn_K donatio sponsalicia.—See donatio ante NUPTIAS.

L. Caes, Le statut juridique de la s. I. echue à la mère •veuve, 1949.

Sponsio. (From spondere.) The earliest forth of an obligation under ius civile assumed through an oral answer (“spondeo”) to the future creditor’s question (“spondesne?”). The sponsio, conceived in this broader sense, was in the course of time absorbed by the stipulatio. In a narrower sense sponsio de­noted the obligation of a surety who equally through exchange of question and answer obligated himself to pay what another had promised ; see adpromissio. This function of the sponsio was probably the earlier one.—See LEX APULEIA, LEX FURIA DE SPONSU, PRO­VOCARE SPONSIONE, ACTIO DEPENSI, AGERE PER SPON­SIONEM, spondere, and the following items.

Weiss, RE 3A; Anon., NDI 12; Mitteis, Fg Bekker (1907) 109; E. Levy, Sponsio, fidepromissio, fideiussio, 1907; idem, ZSS 54 (1934) 298; Wenger, ZSS 30 (1909) 410; Partsch, ASächGW 32 (1920) 659; W. Flume, Studien zur Akzessorietät der röm. Bürgschaftsstipula­tionen, 1932; G. Segre, BIDR 42 (1934) 497; Ph. Meylan, Acceptilation et paicment (Lausanne, 1934) 69; Leifer, BIDR 44 (1936-37) 160; F. De Martino, Studi sulle garenzie personali, 1-2 (1937, 1938) ; idem, SDHI 6 (1940) 132; A. Magdelain, Essai sur les origines de la s. (These Paris, 1943) ; J. Maillet, La Theorie de Schuld et Haftung (1944) 144; Westrup, Notd sur sponsio, Kgl. Danske Videnskab, Hist.-Filol. Meddedelser 31, 2 (1947) ; Pastori, SDHI 13-14 (1948) 217; Seidl, Scr Ferrini 4 (Univ. Sacro Cuore, Milan, 1949) 168; Μ. Kaser, Das altröm. lus (1949) 256; Düll, ZSS 68 (1951) 209.

Sponsio. (In interdictal procedure.) See agere per SPONSIONEM, INTERDICTUM.

Sponsio. (In international relations.) An arrange­ment concluded by the commanding Roman general with the enemy concerning an armistice. The com­mander acted on his own responsibility. The re­ciprocal duties were established through the exchange of questions and answers.—See pax.

Neumann, RE 6, 2821; De Visscher, St Riccobono 2 (1936) 11; H. Levy-Bruhl, RHD 17 (1938) 533 (=Nou- velles Etudes, 1947, 116); Frezza, SDHI 5 (1939) 191; F. La Rosa, Iura 1 (1950) 283.

Sponsio. (In trials concerning ownership.) See AGERE PER SPONSIONEM (under 2).

Sponsio dimidiae partis. See sponsio tertiae partis.

Sponsio poenalis. A promise in the form of a sponsio (stipulatio) to pay a sum of money as a penalty in the case of non-fulfillment of an obligation or of a magisterial command (interdictum).—See poena (in the law of obligations).

Sponsio praeiudicialis. See agere per sponsionem (under 2), LEX CREPEREIA.

Sponsio tertiae (or dimidiae) partis. In certain spe­cific trials any party could demand that his adversary promised through sponsio (stipulatio) to pay one- third (tertia pars) or one-half (dimidia pars) of the amount claimed as a penalty in the case of defeat. In return the party who made such a promise could demand a similar counterpromise (restipulatio dimi­diae or tertiae partis) from the other party. The recriprocal promises were given in the first stage of the lawsuit before the praetor (in iure) and under his supervision. The purpose of these procedural sponsiones was to restrain inconsiderate litigation.— See CONSTITUTUM, ACTIO CERTAE CREDITAE PECUNIAE. A. Palermo, Il procedimento cauzionale (1942) 13.

Sponsor. One who assumed an obligation as a surety. The term was in earlier times probably applied to any person who through sponsio assumed an obliga­tion as a principal debtor.—See sponsio.

Daube, LQR 62 (1946) 266.

714

Sponsus. (Noun.) SPONSIO.----------- See LEX APULEI A, LEX

fiance (fiancee).—See sponsalia.

FURIA DE SPONSU.

Sponsus (sponsa). A betrothed man (woman), a Sponte. (With or without sua.) Spontaneously, freely, of one’s free will. The expression refers to the opposite of situations in which one is bound to do something by law, agreement, order of a magistrate or of the person under whose power he is, or by necessity (necessario, necessitate cogente).

Sportellarius (sportellaria). An exposed child.—See EXPONERE FILIUM.

Sportulae. In the later Empire fees to be paid to subaltern officials for their activity in judicial matters. C. 3.2. See EXSECUTOR NEGOTII.

Wlassak, RE 4, 217; Hug, RE 3A; Lecrivain, DS 4; Jones, JRS 39 (1949) 51.

Sportulae decurionum. See honorarium.

Hug, RE 3A, 1886 (under 2).

Spurius. A child whose father is unknown (“a child without a father, as it were,” Inst. 1.10.12). See' vulgo conceptus., If the mother was a Roman citizen, the spurius was also a Roman citizen. A spurius became immediately sui iuris (free from patria potestas) and proximus agnatus of his mother. He was reckoned in favor of her ius liberorum.— C. 5.12.—See FILIUS NATURALIS.

Weiss, RE 3A, 1889; idem, ZSS 49 (1929) 260; Kubit- schek, Wiener Studien 47 (1929) 130; Lanfranchi, StCagl 30 (1946) 33.

Stabularius. A stable-keeper. The liability of a stabularius for the custody of horses assumed by agreement with the owner (receptum stabularii) was settled in the praetorian Edict, in the section con­cerning similar agreements with shipowners�?and inn­keepers (receptum nautarum, cauponum).—D. 4.9; 47.5.—See RECEPTUM NAUTARUM.

De Robertis, AnBari 12 (1952) 125.

Stagnum. A pond.—See lacus, flumina publica.

Stare (alicui rei). To cling to, to hold on firmly to (e.g., to an agreement), to fulfill exactly (e.g., a testator’s will).

Stat per aliquem. It is one’s fault, one is the cause of.—See MORA.

Statim. Immediately. In certain situations the jurists admitted a rather liberal interpretation of.the term if a payment had to be made statim. “It is under­stood, of course, with a moderate extension of the time if something is to be paid immediately” (D. 46.3.105).—See sine die.

Statio. A public place (at a forum or market) or an office where a tabellio exercised his notarial activity.

Statio. See navigium. Statio is also a station of the state postal service; syn. mansio, stativa.

Humbert, DS 1, 1655.

Statio. In military service. A station of military guards.—See STATIONARII.

Lammert, RE 3A, 2211, 2213.

Statio vicesimae hereditatium. A fiscal office con­cerned with the inheritance taxes.—See apertura TESTAMENTI, VICESIMA HEREDITATIUM.

Stationarii. Military police officers assigned to posts throughout the country for the purpose of public Security. See LATRUNCULATOR.

Lammert. RE 3A; Lecrivain, DS 4.

Stationes fisci. Divisions of the fisc for the adminis­tration of revenue in fixed districts.

Weiss, RE 3A, 2212.

Stationes ius docentium et respondentium. Public places (state buildings?) where jurists taught law and ga’Ve opinions (responsa) in legal matters.

�? Hug, RE 3A, 2210; S. Riccobono, Lineamenti della storia de Ile fonti, 1949, 65.

Stativa. A station of the state post.' Syn. mansio, statio.—C. 12.52(52).

Statores. Subordinate officials in the service of the emperor (statores Augusti) or high officials (provin­cial governors). They'exercised police functions and were authorized to arrest private persons. They were in part successors of the vigiles.

Kubler, RE 3A, 2228; Lammert, ibid. no. 2.

Statua. A statue erected in public for < the embellish­ment of a place. It was withheld from the disposal of the person who offered it. A person who was honored by a public statue might act through the interdictum quod vi aut clam against anyone who removed it by force or stealth.—D. 34.2; C. 1.2.4.

Brassloff, St Riccobono 1 (1936) 323.

Statua Caesaris. See confugere ad ^tatuam cae­SARIS.

Statuere. To ordain, to enact (e.g., lex, imperator statuit), to settle by an agreement.—See tempus statutum.

Statuliber. A slave manumitted in a testament by his master upon a suspensive condition, He remained a slave as long as the condition was not fulfilled. If the condition consisted in an act of the slave himself (e.g., he had to pay a certain sum to the heir, or to render accounts of his administration of the master’s property), it was considered satisfied if the heir or another person prevented the fulfilling of the condi­tion, and the slave became free despite the non­fulfillment of the testator’s wish.—D. 40.7.—See MANUMISSIO SUB CONDICIONE.

Weiss, RE 3A; G. Donatuti, Lo s., 1940; Bartosek, RIDA 2 (1949) 32.

Status. Generally indicates a legal situation or con­dition. With regard to an individual, the term refers either to his official rank or to his position as a free Roman citizen and head of a family. In the latter sense it is syn. with caput. In the distinction status libertatis, status civitatis, and status jamiliae only the first occurs in the sources. A change in one of these three fundamental elements of the legal status of an individual, liberty, citizenship, and headship of a family (mutatio, permutatio status), could either im-

prove his legal condition (when a slave became free, a foreigner became a Roman citizen, a person alieni iuri's became sui iuris) or make it worse (loss of freedom, of citizenship or of the position as head of a family). When the status of a person was doubtful {quaestio, controversia status), in particular when it was uncertain whether he was free, free-born or a slave, his condition was examined in a trial; see causa liberalis.—D. 1.5; C. 3.22.—See CAPUT, CAPITIS DEMINUTIO.

Weiss, RE 3A, 2433; Lecrivain, DS 4; Orestano, NDI 12; Cicu, 57 Sitnoncelli 1917, 61; Allen, LQR 46 (1930) 277. Status civitatis. The legal status of a person as a Roman citizen. Ant. the status of a stranger (pere­grinus).—See CIVES, CIVITAS ROMANA.

Status controversia (quaestio). See status.

Status defuncti. The legal status of a person before his death, primarily the question of whether he was free or a slave. It could not be the object of a trial if five years elapsed after his death.—D. 40.15; C. 7.21.

Status familiae. The legal connection of a person with a family either as its head {pater familias) or member.—See sui iuris.

Status legitimus. The age of majority.

Status libertatis. The legal status of a person of being free, and not a slave. With regard to a free person the question might arise as to whether He was free-born or a freedman.—See libertas, manumis­sio, CAPITIS DEMINUTIO, STATULIBER, CAUSA LIBERA­LIS, LIBERTINITAS, INGENUITAS.

Status pristinus. The former factual or legal state (condition, situation) of a thing or a person.—See RESTITUERE, RESTITUTIO IN INTEGRUM.

Status rei publicae. The existence, organization, wel­fare of the state. The expression occurs in the definition of ius publicum by Ulpian (D. 1.1.1.2).— See ius PUBLICUM.

E. Kostermann, 5. als politischer terminus in der Antike, Rheinisches Museum 86 (1937) 225; Lombardi, AG 126 (1941) 206; Berger, lura 1 (1950) 109.

Statuti. See MINISTRI CASTRENSES.

Statutum. A law, an enactment. Statuta imperialia = imperial constitutions.

Statutum tempus. A term fixed either by an agree­ment of the parties involved concerning the date on which a certain act (a payment) was to be per­formed, or by law (a statute, the praetorian Edict, an imperial constitution) for certain legal achieve­ments, such as usucapio, for actions or exceptions, cretio, longi temporis praescriptio, etc. In Justinian’s legislation, in many classical texts the general, in­definite term, statutum tempus {statuta tempora) re­placed the former exact indications of periods of time if the latter had been changed by postclassical or Justinian’s legislation.

Seckel, in Heumann’s Handlexikon⁹ (1909), s.v. statuere, p. 553; Stella-Maranca, AnBari 1929/11, 76.

Stellionatus. A crime committed by fraud, trickery, deception, or cheating, if such a wrongdoing in specific circumstances is not qualified as another crime {si alium crimen non sit), for instance, a theft {furtum) or forgery {falsum). There is no defini­tion of stellionatus in the sources. The formula de­fining that “what in private controversies gives origin to an actio is in criminal matters prosecuted as stellio- nutus” (D. 47.20.3.1), is not precise enough to per­mit an exact delimitation of the elements of stellio­natus. Evil intention, deceit, shrewdness {calliditas), imposture {impostura) are mentioned in the various cases of stellionatus, which seemingly primarily ap­plied to fraud in commercial relations. Perjury could also be punished as stellionatus. Stellionatus was not a crimen publicum. If an accusation of stellionatus was brought before the competent magistrate {prae­fectus urbi, a provincial governor), it depended upon his decision whether or not a criminal proceeding {extra ordinem) would be started against the accused. The penalty was differentiated according to the social status of the culprit, temporary banishment for ho­nestiores, forced labor for humiliores.—D. 47.20; C. 9.34.

Pfaff, RE 3A; Beauchet, DS 4; Brasiello, NDI 12; Vol­terra, StSas 7 (1929) 107.

Stemma cognationum. A genealogical tree. A pic­ture containing the names of relatives (ascendants in six generations and descendants) of a person was found in some manuscripts of the lex romana visi- GOTHORUM.

Editions: in all collections of pre-Justinian legal sources, see General Bibl. Ch. XII; the most recent one in FIR 1 (1940) 633.—Ferrini, Opere 1 (1926, ex 1900 ) 224; Po­land, RE 3A.

Stephanus. A Byzantine jurist, law professor in Con­stantinople (or Beirut?) under Justinian. He was, however, not the emperor’s collaborator in the com­pilation of the Digest, nor is he mentioned among the compilers of the Code. He wrote an annotated sum­mary (see index) of the Digest and was highly thought of by later Byzantine jurists. His work was extensively exploited for scholia to the Basilica.

Kiibler, RE 3A, 2401; Heimbach, Basilica 6 (1870) 13, 49, 78; J. A. B. Mortreuil, Histoirc du droit byzantin 1 (1843) 132, 148; Zachariae v. Lingenthal, ZSS 10 (1889) 270.

Sterilis pecunia. Money not loaned at interest. Syn. nummi steriles. The adj. sterilis is used also of a dowry {dos) from which the husband had no profit. Stillicidium. See servitus stillicidii.

Adren, Eranos (Acta Philol. Suecana) 43 (1945) 1.

Stipendiarius. See civitates stipendiariae, praedia stipendiaria, stipendium (in public law).

Stipendium. The soldier’s pay. From the fourth post-Christian century on the soldiers received the stipendium in kind (see annona) which in times of shortage was replaced by money.—See adaeratio, donativum.

Lammert, RE 3A, 2537; v. Domaszewski, Neue Heidel­berger Jahrbücher, 1900, 218 ff; Schlossmann, Archiv für lat. Lexikographie 14 (1906) 211.

Stipendium. (In public law.) A contribution im­posed on the defeated enemy; it served to cover the expenses of war. During the armistice the enemy had to pay the Roman soldiers’ salary (stipendium). This may explain how the term came to mean con­tribution. In later times stipendium was the term for land-taxes paid by provincials. The rate of the stipendium was fixed whereas the so-called tributum depended upon the value of the proceeds from the soil.—See PRAEDIA STIPENDIARIA.

Lammert, RE 3A, 2538 (under no. 2) ; Cagnat, DS 4, 1515; Schlossmann, Arch, für lat. Lexikographie 14 (1906) 211; Ciapessoni, Studi su Gaio, 1943, 52.

Stips menstrua. A monthly fee paid by members of an association (collegium) for common purposes (e.g., banquets, celebrations of religious nature).

Kornemann, RE 4, 437; Hug, RE 3A, 2540.

Stipulari. To accept a promise made in the form of stipulatio. It is the creditor who stipulatur (reus stipulandi), i.e., who pronounced the question to be answered accordingly by the debtor (reus promit­tendi). Only in exceptional cases stipulari is used of the debtor (=to promise).—See stipulatio.

Stipulatio. An oral, solemn contract concluded in the form of a question (interrogatio by the creditor: “spondesne centum dare?” = “do you promise to pay one hundred?”) and an affirming answer (responsio) of the debtor (“spondeo” — “I promise”). The an­swer had to agree perfectly with the question; any difference or restriction (addition of a condition) made the stipulatio void. Presence of both parties was required, and any interruption between question and answer was inadmissible. Stipulatio w&s used for any kind of obligation, from the payment of a sum of money to the most complicated performances. It was employed for the promise of marriage (see sponsalia), the constitution of a dowry (see dos), the various kinds of promises in the course of a civil trial (cautiones, stipulationes praetoriae), a novatio and delegatio, the assumption of a guaranty for an­other’s debt (sureties), the constitution of certain rights on another’s property (see pactiones et sti­pulationes), etc. The stipulatio was abstract in content, to wit, the cause (causa) for which the debtor assumed an obligation was not indicated in the stipu­latio (e.g., whether it was for a loan or an unpaid price of a thing purchased). A promise made through stipulatio was suable if the oral exchange of question and answer was performed, without regard as to whether there was a ground for the obligation or not. Any obligation, contracted otherwise, could be transferred into a stipulatio (stipulatio Aquiliana, see acceptilatio). This brought the creditor the ad­vantage in case of a controversy that he had to prove only the fact that a stipulatio had taken place. In the course of time, however, the praetorian law granted an exceptio doli to the debtor if the obliga­tion he had assumed was not based on a just cause. Witnesses at the conclusion of a stipzilatio were not necessary. The elasticity of the stipulatio together with its simple formality made it the most common instrument for providing any promise with legal efficacy. Originally accessible only to Roman citizens (see sponsio), the stipulatio was later made available to foreigners, and not only the realm of permissible Latin words was extended (in lieu of spondeo the use of dare [facere] promittere, and, for sureties: fideipromittere, fideiubere) but also Greek, and per­haps other languages, were admitted in order to respond to the needs of commercial relations with other nations. In further development, written “stipu­lations” came into use under the influence of the practice observed by other peoples. Provisions of the agreement were written and the oral promise embraced in one phrase the promise “to give all that had been written down above” (ea omnia quae supra scripta sunt dari), which in the opinion of the Roman jurists contained in fact as many stipulations as there were provisions. The written document was in origin only a piece of evidence, but later the importance of the written agreement prevailed so that in postclassi- cal times it could be stated: “if it was written in a document (instrumentum) that one made a promise, it is considered as if an answer were given to a pre­ceding question” (Paul. Sent. 5.7.2; Inst. 3.19.17). Thus, through a fiction, which normally excluded a counter-proof, it was held that a stipulatio had taken place (stipulatio inter absentes). In Justinian law the stipulatio appears as a written act, without any formal requirements. For an oral stipulation certa verba were no longer a condition of its validity; the debtor’s answer could be expressed by signs and after a brief interval, even some slight discrepancies between question and answer were not harmful. The intervention of an interpreter was permitted if one party did not understand the language used by the other. The actions from a stipulatio available to the creditor in the classical law were: actio certae ere- ditae pecuniae (condictio certae pecuniae), when the stipulatio concerned the payment of a fixed sum of money, condictio certae rei when the object was a certa res (an individual thing), condictio triticaria when things were indicated generically (as a genus), and, finally, actio ex stipulatu, when the object was not precisely defined in a way mentioned above and the stipulatory obligation concerned a certain per­formance by the debtor. The classical origin of some denominations of these actions is not beyond doubt. —Inst. 3.17-19; D. 45.3; 46.5; C. 8.37; 38.—See besides the following items, acceptilatio, cautio, SPONSIO, NOVATIO, NEMO ALTERI STIPULATUR, FAVOR

DEBITORIS, EXPROMISSIO, DONATIO, DIES MORTIS, TRANSACTIO.

Weiss, RE 3A; Cuq, DS 4; Riccobono, NDI 12; Carrelli, ibid. 904; Berger, OCD; Mitteis, Aus röm. und bürgerl. Recht, Fg Bekker (1907) 107; Collinet, Mel Gerardin 1907, 75; Riccobono, ZSS 35 (1914) 214, 43 (1922) 262; idem. BI DR 31 (1921) 28; idem, AnPal 12 (1929) 540; idem, Stipulationes, contractus, pacta. Corso, 1935; idem, ACDR Roma 1 (1934) 338; G. Segre, St Simoncelli 1917, 331; Scherillo, BIDR 36 (1928) 29; idem, St Bonfante 4 (1930) 203; H. Steinacker, Die antiken Grundlagen der frühmittelalterlichen Privaturkunde (1927) 83; V. De Gautard, Les rapports entre la stipulatio et l’ecrit stipu- latoire (These Lausanne, 1931) ; F. Brandileone, Scritti 2 (1931) 419 (= RStDIt 1, 1928); A. Segre, AG 108 (1932) 179; idem, Annuaire de l’Inst. de Philol. et d’Hist. orientales et slaves 7 (1944) 243; D. Ochsenbein, La trans- missibilite hereditaire de [’obligation conditionnelle ex stipu­latu (These Lausanne, 1935) ; Leif er, BIDR 44 (1936-37) 160; A. Hägerström, Der röm. Obligationsbegriff 2 (1941) ; Archi, Scr Ferrini (Univ. Pavia, 1946) 688; G. Lombardi, Ricerche in tema di ius gentium, 1946, 175; Μ. Kaser, Das altröm. Ius, 1949, 267; Dekkers, RIDA 4 (=Mel De Visscher 3, 1950) 361; Düll, ZSS 68 (1951) 191; Nicolas, LQR 69 (1953) 63.

Stipulatio aedilicia. A stipulatio imposed by an aedile to a party in a trial which took place under his juris­diction.—See, for analogy, stipulatio praetoria.

Stipulatio aliquem sisti. The promise of a person who assumed the guaranty that a defendant in a trial would appear in court on a fixed date.—See vindex, VADIMONIUM, SISTERE ALIQUEM.

Stipulatio amplius non agi. See cautio amplius NON AGI.

Stipulatio Aquiliana. See acceptilatio.

Stipulatio argentaria. A promise made by a banker, in charge of a public auction, to the owner of the object to be sold, to the effect that the latter would receive the full proceeds from the sale, after deduc­tion of the banker’s fees and expenses.

F. Kniep, 5*. a., Fg. der jur. Fakultät Jena, 1911; Platon, NRHD 33 (1909) 142, 314.

Stipulatio certa. A stipulation in which the thing promised (quid = what), its quality (quale) and quantity (quantum) were precisely fixed. Ant. sti­pulatio incerta.

Stipulatio communis. A stipulation which could be imposed during a civil trial either by the jurisdic­tional magistrate (praetor, aedile) in iure or by the judge in the second.stage of a civil trial (apud iudi- cem). See STIPULATIO PRAETORIA, STIPULATIO IUDI-

cialis. In a different sense the phrase communiter stipulari is used. It refers to a stipulation on behalf of two or more creditors.

Stipulatio condicionalis (or sub condicione). A promise whereby one assumes an obligation depending on whether a certain event will happen or not.— See CONDICIO.

Stipulatio conventionalis. A stipulatio based on an agreement of the parties, as opposed to a stipulatio ordered by a magistrate (stipulatio praetoria, aedi­licia) or a judge (stipulatio iudicialis).

Stipulatio cum moriar. A stipulatio for payment at death (“when I shall be dying”) of either party was valid since it was held that a man was alive at the moment of his death. However, a stipulatio con­cerning a payment “pridie quam moriar” (= a day before my death) or several days before the death either of the debtor or the creditor was void since until the actual death it could not be told when the obligation was due. Justinian declared such a stipu­latio valid.

Stipulatio de dolo (or cautio de dolo). A stipulatio imposed by the judge on the defendant in specific circumstances, particularly in suits concerning claims for a thing (actiones in rem). Under such a stipu­latio the defendant stipulated that he had not com­mitted, nor would commit fraud in the matter under controversy. This stipulatio was a form of a stipu­latio iudicialis. Such a stipulatio could take place extrajudicially as when a creditor demanded a prom­ise from the debtor to abstain from any fraud in the fulfillment of the obligation.—See dolus.

Stipulatio donationis. A promise of a donation made in the form of a stipulatio. The stipulatio created an obligation of the donor to transfer the promised thing (to pay the promised sum) to the donee.—See DONATIO.

Stipulatio dotis. A promise of a dowry made in the form of a stipulatio.—See dos, promissio dotis.

Stipulatio duplae (sc. pecuniae). A stipulation by the seller to pay the buyer double the price of the thing sold in the event of eviction of the thing by a third person.—D. 21.2.—See emptio venditio, evictio.

P. F. Girard, Mel de droit rom. 2 (1923) 78, 113; H. Vin­cent, Le droit des ediles, 1922, 154; Kamphuisen, RHD 16 (1927) 610; Coing, Seminar 8 (1950) 9.

Stipulatio emptae et venditae hereditatis. See fidei­commissum HEREDITATIS.

Stipulatio evictionis (or de evictione). See evictio. Stipulatio habere licere. A guaranty made in the form of a stipulatio by the seller to the buyer, to the effect that the latter would peacefully possess and use the thing sold and take proceeds from it (habere, uti frui licere).—See EMPTIO, EVICTIO.

Stipulatio in diem. A stipulatio in which payment on a fixed date is promised.

Stipulatio in faciendo. A promise through stipulatio to do something, to render certain services to the creditor. Stipulatio operis faciendi = a stipulatio concerning the construction (accomplishment) of a work. Ant. stipulatio in non faciendo = a stipulatio to abstain from doing something.

Stipulatio incerta. See stipulatio certa.

Stipulatio inter absentes. A stipulatio between per­sons who were not together. Such a stipulatio was void in classical law since the stipulatory question and answer were to be exchanged without interrup­tion (inter praesentes, see stipulatio). Justinian modified the rule in that if a written document stated that the parties were present, a counterproof was per­mitted only when both parties were in different locali­ties on the day when the stipulatio allegedly took place. Stipulatio iudicialis. A compulsory stipulatio imposed by the judge in a civil trial on one or both parties during the second stage (apud iudicem), in order to assure the normal continuation of the trial.

Stipulatio operarum. See operae liberti.

Stipulatio partis et pro parte. See partitio legata.

Stipulatio poenae. A stipulatio concerning the pay­ment of a penalty by a debtor if he failed to perform his obligation as agreed upon. The penalty settled in the stipulatio might serve either as a substitute for the losses suffered by the creditor (in such a case he might sue the debtor for the payment of the penalty without proving the amount of his actual losses) or as a mere penalty {poenae nomine) to be paid beside the indemnification for effective losses.—See poena (in the law of obligations), sponsio poenalis.

Debray, Revue generale du droit 32 (1908) 97, 217, 289; Donatuti, SDH1 1 (1935) 299; Biscardi, StSen 60 (1948) 589.

Stipulatio post mortem. A stipulatio under which one promised the payment of a debt after the death of the creditor (“post mortem meam dari spondes?”) or after his own death by his heir (“post mortem tuam dari spondes?”). Such stipulations were null since neither could an heir be obligated before enter­ing the inheritance nor could an obligation arise in his behalf. Consequently, a stipulatio by which the debtor assumed an obligation to the benefit of the heir of the creditor (“do you promise to pay my heir?”) was without any legal effect. Justinian per­mitted such stipulations.—See obligatio post mor­tem, MANDATUM POST MORTEM, ADSIGNATIO LIBERTI, ADSTIPULATIO, DIES MORTIS.

Rouxel, Annales Faculte droit Bordeaux, Ser. jurid. 3 (1952) 7.

Stipulatio praepostera (or praepostere concepta). A stipulatio under which one assumed an immediate obligation but made it depend upon the fulfillment of a condition in the future (e.g., a promise to give today when a certain event will happen afterwards). In the classical law such a stipulatio was null, but Justinian recognized its validity; payment could be demanded after the fulfillment of the condition.

L. Mitteis, Rom. Privatrecht, 1908, 180; Archi, RISG 88 (1951) 225.

Stipulatio praetoria. A stipulatio ordered by the prae­tor in his capacity as a jurisdictional magistrate. Such a compulsory stipulatio could be imposed on one or both parties to a trial in order to ascertain the normal continuation of the trial and to prevent an interruption as well as to assure a certain behavior of the parties by making them assume the duty of doing or refraining from doing something. If the promise embodied in the stipulatio was not fulfilled, an ordinary action lay against the contravening party. A refusal of the praetor’s order or the absence of the party on whom the stipulatio was to be imposed led to a missio in possessionem in favor of his ad­versary. If the plaintiff refused to make the stipula- tory promise ordered by the praetor, he lost the case through denegatio actionis by the praetor. The praetorian stipulations were primarily applied for procedural purposes (see cautio). They could, however, be ordered beyond a judicial trial at the request (postulatio) of the interested party. In such a case the adversary was summoned before the praetor.—D. 46.5.—See cautio amplius non agi, CAUTIO DE RATO, CAUTIO IUDICATUM SOLVI, CAUTIO PRO PRAEDE LITIS ET VINDICIARUM.

Cuq, DS 4, 1520; Anon., NDI 12; Jobbe-Duval, St Bon- fante 3 (1930) 178; v. Woess, ZSS 53 (1933) 407; A. Palermo, II procedimento cautionale, 1942; Guarino, SDHI 8 (1942) 316.

Stipulatio pridie quam moriar. See stipulatio cum MORIAR.

Stipulatio pro praede litis et vindiciarum. See CAUTIO PRO PRAEDE LITIS ET VINDICIARUM.

Stipulatio pure facta. A stipulatio not limited by a fixed date or a condition. Ant. stipulatio in diem, stipulatio sub condicione (condicionalis).

Stipulatio rei uxoriae. See cautio rei uxoriae.

Stipulatio sortis et usurarum. A stipulatio in which the payment of both principal and interest is prom­ised. Normally the promise of interest was made in a separate stipulatio (stipulatio usurarum).

Stipulatio sub condicione. See stipulatio condi­cionalis.

Stipulatio turpis. See turpis stipulatio,

Stipulatio usurarum. See stipulatio sortis et usu­rarum.

Stipulator. The creditor in a stipulatio. Syn. reus sti­pulandi. “Ambiguous stipulations should be inter­preted against the creditor” (D. 34.5.26; 45.1.38.18). Stella-Maranca, AnBari 3 (1929/11) 20.

Stipulatum. (Noun.) See stipulatio.

Stirps. Descendants in a straight line from a common ancestor. When an inheritance is divided in stirpes, each son of the same father receives an equal part. All descendants of a son who died before his father receive together as much as any other son alive; if they are all of the same degree of relationship with the deceased, e.g., all are grandchildren. The share of a stirps (i.e., the descendants of one son) is di­vided in capita (in the example mentioned among the grandchildren) in equal portions.

Stola. A garment of an honorable, married woman. See MATRONA, TOGA.

Bieber, RE 4A; Leroux, DS 4.

Strangulare (strangulatio). To strangle a person with a rope (laqueus) to death. This form of exe­cution was forbidden under the Principate.

Pfaff, RE 4.

Stratores. In the late Empire, subaltern officers in the imperial palace who took care of the emperor’s horses. The stratores were subordinates of the comes stabuli (the equerry). There also were stratores in the service of the praefectus urbi and provincial gov­ernors in imperial provinces. Superintendents of prisons were also called stratores.—C. 12.24.—See CUSTOS.

Lammert, RE 4A.

Strena. A gift donated on the occasion of a festivity, in particular on New Year’s Day (quod Kalendis Januariis dari solet — what is used to be given on Kalends of January), e.g., to physicians.

Strepitus. A noise, a din. In the language of the later imperial constitutions the term refers to voices of the audience in a court-room during a criminal trial. Hence it denotes sometimes a criminal proceeding.

Strictus. Rigorous, governed by precise rules.—See IUS STRICTUM, IUDICIA BONAE FIDEI.

Pringsheim, ZSS 42 (1921) 65.

Structores. Workers (such as masons, carpenters, etc.) active in building a house or a ship. Primarily freedmen and slaves, they were organized in associa­tions (collegia).

Hug, RE 4A; Saglio, DS 5.

Studium (studia). Study, learning. Studiorum causa

— for the purpose of learning. Absence for such a reason was taken into consideration as an excuse when a person was obliged to appear before a public authority (iustissima causa = the most just cause). In a trial against a person absent for studies the praetor had to protect his interests. A stay in Rome for studies was not decisive for establishing a domi­cile (domicilium) since a sojourn there was consid­ered temporary. A loan given to a filius familias for studies was not subject to the provisions of the SENATUSCONSULTUM MACEDONIANUM.

Studium liberale. Studies (occupations) befitting a free man, “worthy of a noble-minded man” (as Cicero, Acad. 2.1.1, defined it) were reckoned among studia liberalia. Among such professions were those of rhetorician (rhetor), grammarian (grammaticus) land-surveyor (geometra), physician (medicus), and the like. Teachers of studium liberale (praeceptores) could demand an honorarium only in a trial through cognitio extra ordinem.—D. 50.13; C. 11.19.—See PRAECEPTORES, MAGISTRI, PROFESSORES, HONORARIUM, OPERAE LIBERALES, EDICTUM VESPASIANI.

Studiosus iuris. A person devoted to the study of law, a practicing lawyer (not a iurisconsultus en­dowed with ius respondendi), a juristic writer.

Stuprare. To commit a stuprum. The term refers only to men (= stuprator).—See the next item.

Stuprum. Illicit intercourse with an unmarried woman or a widow of honorable social conditions. Stuprum is distinguished from adultery (adulterium) where a

married woman is involved. Both parties were pun­ished by seizure of half of their property; the woman was acquitted if the man had used violence.—C. 9.9. See MERETRIX.

Pfaff, RE 4A; Lecrivain, DS 4; Guarino, ZSS 63 (1943) 184.

Stuprum cum masculo (puero). Pederasty. Origi­nally it was punished by death, later only with a fine of money. In the later Empire the death penalty was inflicted again.—See lex scantinia.

Pfaff, RE 4A, 424; Lecrivain, DS 4, 1547.

Suadere. To give advice. The term is used of the activity of lawyer’s when consulted by clients for legal advice.—See consilium.

Suae aetatis fieri. Not a precise technical term. It may mean to become either maior (over twenty-five years of age) or pubes (over fourteen, see impubes). Berger, RE 15, 1862.

Suae mentis esse (fieri). To be (become) mentally sound. Ant. suae mentis (or suus) non esse = to be insane.

Suae potestatis esse. See sui iuris.

Suarii. Swine dealers. In the later Empire they were compulsorily organized in associations, as other food merchants.—C. 1.17.

Hug, RE 4A, 469; 12, 689; Baudrillart, DS 4, 923.

Sub. (When prefixed to the title of an official.) An assistant official, subordinate to the head of an office (e.g., subcurator operum publicorum, subcurator aedium sacrarum, subpraefectus, subprocurator).

Sub modo. See donatio sub modo, legatum sub modo.

Sub potestate esse. To be under paternal power; see PATRIA POTESTAS.

Subcurator. An official of equestrian rank acting as an assistant (adiutor) of a curator, e.g., subcurator aedium sacrarum (see aedes), subcurator operum publicorum (for the administration of public build­ings), subcurator aquarum (for the water adminis­tration), and others.—See curatores aedium sacra­rum, CURATORES OPERUM PUBLICORUM, CURATORES AQUARUM.

Kubitschek, RE 4A.

Subditicius filius. A fraudulently substituted (sup­posititious) son. Syn. partus slip positus, subiectus. If a person instituted as his heir one whom he falsely believed to be his son and who in fact was suppositi­tious, the institution was null if it could be proved that the testator would not have appointed him. had he known the truth.

Subdole. Deceitfully, deceptively. Syn. dolose.—See DOLUS.

Subducere. To take away by stealth, to hide. In an­other sense subducere = to take into account, to de­duct (e.g., the proceeds one had from a thing, the quarta Falcidia).

Subhastarius. Sold at a public auction.

Subhastatio (subhastare). A public auction.—See hasta, auctio. Syn. venditio sub hasta.

Voigt, BerSachGW 1903, 13.

Subicere. To add to an agreement, a clause, e.g., concerning the liability of a party for fraud {clausula doll), or a penalty clause. In another meaning subi­cere = to substitute one thing or person for another {persona subiecta, see subditicius). Subicere is used of a forged testament being substituted for the real one; see falsum.

Subicere falsum partum. See partus suppositus, SUBDITICIUS.

Subici. To be subject {subiectus) to one’s jurisdiction {iurisdictioni) ; to be exposed to a penalty {poenae) ; to be liable for taxes or public charges {vectigalibus, muneribus).

Subiectum nomen. A false name, the name of another person assumed for fraudulent purposes (e.g., when one buys or takes a lease under another’s name).

Subiectus partus. See subicere partum, partus suppositus.

Subiectus iuri alieno (or alicuius). Subject to pa­ternal power; see PATRIA POTESTAS, ALIENI IURIS.

Subire. To undergo, to assume, to risk (condemna­tion in a civil trial, duties, charges [= oner a], a guar­anty). Subire poenam = to suffer, to endure a penalty.

Sublimissimus (vir). An honorific epithet of the high­est officials in the late Empire (e.g., praefectus prae­torio, magister officiorum). They were addressed by the emperor under the title "sublimitas tua” (“your excellency”). Syn. magnificentia, eminentia.

Sublimitas. See the foregoing item.

Sublugere. Refers to a lower degree of mourning (e.g., after the death of a child below three years).—See LUCTUS, TEMPUS LUGENDI.

Submittere. To substitute one thing for another’. With reference to an usufruct of a herd = to replace a dead head of cattle by a new one when the herd was to be returned to the owner.—See grex.

Kiibler, RE 4A, 483.

Subnotare (subnotatio). To sign (a signature).—See subscribere.

Subornare. To bribe a witness to bear false testimony, to suborn, to instigate a person by bribery to commit a crime.

Subpignus. (Non-Roman term.) See pignus pig­nori datum.

Subpraefectus annonae. An assistant {adiutor) of the praefectus annonae.

O. Hirschfeld, Kais. Verwaltungsbeamte² (1905) 246.

Subpraefectus classis. A deputy commander of a fleet, subordinate to the praefectus classis.

O. Hirschfeld, Kais. Verwaltungsbeamtc* (1905) 228.

Subpraefectus vigilum. A deputy commander of the vigiles, subordinate to the praefectus vigilum.

O. Hirschfeld, Kais. Verwaltungsbeamte* (1905) 256.

Subprocurator. An assistant procurator in an im­perial province designated by the emperor for a special branch of administration (e.g., for the man­agement of mines).

O. Hirschfeld, Kais. Verwaltungsbeamte* (1905) 400. Subreptio (subrepere). See obreptio.

Subripere. To take away secretly, to steal.—See lex atinia. Res subreptae = res furtivae.

Berger, RE 12, 2331.

Subripere instrumentum. To remove fraudulently a document (a testament) in order to make it impossi­ble to produce it in court or to put a forged one in its place.

Subrogare legem. To add a supplementary provision to an earlier law.

Subscribendarius. A lower ranking official in the later Empire charged with the preparation of the draft of a decision to be made by his superior.

Ensslin, RE 4A; Humbert, DS 4.; Henne, Conf Inst 1947 (1950) 117.

Subscribere. To sign.—See Testamentum triperti- tum, SUBSCRIPTIO.

Subscriptio. (From subscribere.) A signature. With regard to private documents {subscriptio instrumenti, subscriptio chirographi) there were signatures of both parties who concluded an agreement, or only of the party who assumed an obligation, and eventually of his surety. The subscriptio consisted of the name of the subscriber and a brief summary of the content of the document or of the nature of the obligation the subscriber assumed. The signatures bf witnesses (testis) contained the indication that they acted as witnesses. With the increase of the use of written documents the imperial legislation issued detailed pro­visions concerning the signatures of the parties, the notary involved, and the witnesses. The subscription of the party became an important element in a docu­ment when its body was written by another person. See SUBSCRIPTIO TESTAMENTI, SUPERSCRIPTIO.

Kiibler, RE 4A; Lecrivain, DS 4.

Subscriptio. (In a criminal trial.) A written accusa­tion (see inscriptio) or an oral accusation written down in the records of the competent office and signed by the accuser. The accuser and those who signed the accusation together with him to support the accu­sation = subscriptores.—C. 7.57.

Kiibler, RE 4A, 490; Kleinfeller, ibid. (s.v. subscriptores) ; Riccobono, ZSS 34 (1913) 246; Wlassak, Anklage und Streitbefestigung, SbWien 184, 1 (1917) 89.

Subscriptio. (In military administration.) The sign­ing of documents concerning the distribution of food among soldiers by the officer involved.—See sub­scribendarius.

Subscriptio censoria. See nota censoria.

Kiibler, RE 4A, 490.

Subscriptio principis. A signature of the emperor. When written at the foot of a petition addressed to him, it was a kind of an imperial rescript {rescriptum principis) since it was the emperor’s answer to the petition {preces, libellus). The petition provided with the answer and the emperor’s signature was publicly exposed. The petitioner received a copy at request.

Premerstein, RE 13, 39; Kubler, RE 4A, 399; De Domini­cis, RendLomb 83 (1950).

Subscriptio testamenti. The signature of the testator on a written testament, which was valid under prae­torian law, was not necessary when the will was sealed by seven witnesses. However, when the testator re­warded the writer of the testament, he had to confirm the pertinent disposition with his own hand. See senatusconsultum LiBONiANUM. Forgery of a signature in a testament or another document was under pain of the penalties of the lex Cornelia de FALSIS.- See SUPERSCRIPTIO.

Kubler, RE 4A, 493; Macqueron, RHD 24 (1945) 160.

Subscriptor. One who subscribed (a document, a testament).—See subscriptio, in a criminal trial.

Kleinfeller, RE 4A.

Subsellium. A bench used in court or in certain of­fices. It was lower than the sella curulis, which was the privilege of higher magistrates only. Judges in criminal trials {quaestiones) were seated on subsellia and so were also the accuser and the lawyers. Hence subsellium is used sometimes to mean a court. Plebe­ian tribunes and aediles had no right to a sella curulis and could use only a subsellium.

Hug, RE 4A; Chapot, DS 4.

Subsidere. To remain. Used of legacies which the legatee refused to accept and which therefore re­mained with the heir.

Subsidiarius. See actio subsidiaria.

Subsidium. Help, assistance. The term is used of legal remedies granted to a person in order to save him from a loss (e.g., an action, an exception, an interdict, a restitutio in integrum).

Subsignare. To sign, to subscribe (syn. subscribere), to seal (syn. signare).—In another meaning subsig­nare = to give a landed property to the state or a municipality as security for obligations owed them (e.g., to collect taxes, to construct a building). In constitutions of the later Empire, subsignare is used for setting up real securities in general.—See praedia SUBSIGNATA.

Hardy, Three Spanish charters, 1912, 78.

Subsistere. To defend oneself or another in a trial against an adversary. See laudare auctorem. When used of a legal act (e.g., a testament, a judicial judgment) = to be valid.

Subsortitio. A supplementary selection of a juror in a criminal trial if after the selection (sortitio) of jurors for a specific trial a seat became vacant by death or election of a juror to a magistracy).—See ALBUM IUDICUM.

Kiibler, RE 4A; Ehrenberg, RE 13, 1495.

Substantia. The substance, the essential nature or function, social or economic, of a thing {substantia rei) or of a legal transaction {substantia emptionis, obligationis). In several constitutions by Diocletian the word is strengthened by the addition of veritatis (= the true nature of a legal transaction). Sub­stantia also refers to the entire property of a person (e.g., substantia paterna = the father’s property) or to an inheritance as a whole {substantia hereditatis, substantia dejuncti). Substantia was a favorite term of the imperial chancery and occurs in interpolated passages.—See error in substantia, ususfructus.

Guarneri-Citati, Indice² (1927) 84; idem, Fschr Koschakcr

1 (1939) 153; Scheltema, Rechtsgeleerd Magasijn 55 (1936) 60.

Substituere. To appoint, to substitute one person in the place of another (e.g., a representative in a trial, a guardian, a curator). The term was of particular importance in the law of successions.—See the fol­lowing items.

Substitutio. The appointment of another heir by a testator in the event that the heir first instituted did not take the inheritance either because he would not or could not do so. The heir instituted in the second place = heres substitutus, heres secundus. Several heirs could be substituted to the heir first appointed, and one person to two or more heirs. Likewise the heirs first instituted could be reciprocally substituted one to the other {substitutio mutua, reciproca) and a heres tertius (a third heir) to the heres secundus. Through a substitutio the testator saved the validity of the testament which would have become void if the heir first appointed did not accept the inheritance. Syn. substitutio vulgaris ( = ordinary substitutio), to be distinguished from substitutio pupillaris.—Inst. 2.15; D. 28.6; C. 6.25; 26.

Weiss, RE 4A; Beauchet, DS 4; G. Segre, Scritti giur.

2 (1938) 348; B. Biondi, Successione testamentaria (1943) 245; Solazzi, SDH I 16 (1950) 1.

Substitutio duplex. A substitutio vulgaris (see sub­stitutio) combined with a substitutio pupillaris. It occurred when a testator appointed a third person as a substitute to a child in his power and below the age of puberty {impubes) for the event that the child might die before him (i.e., the testator) or before puberty after becoming heir. In the later develop­ment (still in classical law) it was held that a pupil­lary substitutio implied automatically an ordinary substitutio {substitutio vulgaris) unless the testator disposed otherwise. Ant. substitutio simplex = a substitutio limited by the testator to one of the two basic forms of substitutio.—See substitutio, sub­stitutio PUPILLARIS.

Substitutio mutua. See substitutio.

Substitutio pupillaris. The appointment of a substi­tute by the father for his child instituted as an heir in his testament. The substitute became heir if the child, after the acceptance of the inheritance, died before reaching puberty, i.e., before being able to make a testament. Through substitutio pupillaris the father provided in his testament for a successor to his child. Substitutio pupillaris was permitted only in the father’s testament, and then only along with the institution of the child as heir in the first place. See, however, testamentum pupillare. Justinian in­troduced a new form of substitutio, modeled on the substitutio pupillaris (ad exemplum pupillaris substi­tutionis, C. 6.26.9) for use with insane descendants. The father could appoint an heir for his insane de­scendant to succeed in the event that the latter did not recover sanity. This form of substitutio is called in the literature substitutio quasi pupillaris. The testator (father or mother) had, however, to appoint first a nearest relative of the insane, and only in the absence of relatives could he appoint an heir of his own choice.—Inst. 2.16; D. 28.6; C. 6.26.—See CURIANA CAUSA.

La Pira, St Bonfante 3 (1930) 271; Wolff, Si Riccobono 3 (1936) 437; Vazny, BIDR 46 (1939) 68, 47 (1940) 31; B. Biondi, Successione testamentaria (1943 ) 252; Cosen­tini, Ann. di dir. comp, e di st. legislative 22 (1946) 152; Perrin, RHD 47 (1949) 335, 518; idem, in Varia, £t de droit rom. (Publications de I’Institut de droit rom. de I’Univ. de Paris, 9, 1952) 267.

Substitutio quasi pupillaris. See substitutio pupil­laris.

Substitutio reciproca. See substitutio. Substitutio simplex. See substitutio duplex. Substitutio vulgaris. See substitutio.

Subtilitas legum. In the language of Justinian’s con­stitutions, severity, rigorous formalities of the earlier law. The expressions subtilis, subtilitas, and sub­tiliter when used with regard to ancient law to stress its rigidity, are frequently interpolated.

Seckel, in Heumann’s Handlexikon⁹ (1907), s.v. subtilis·, Guarneri-Citati, Indice² (1927) 84.

Subtrahere/ To take away, to remove. The term is used in connection with theft. Se subtrahere = to withdraw illegally from public services (munera, military service).

Suburbanum praedium. A plot of land located in the vicinity of a city. Its possibilities for economic exploitation decided whether it qualified as urban (praedium urbanum) or rustic land (praedium rusti­cum). Praedia suburbana were among the landed properties the sale of which by a guardian was pro­hibited by the ORATIO SEVERI.

Suburbicariae regiones. Territories bordering on Rome. They are mentioned in a few constitutions of the Theodosian Code. They are not specific ad­ministrative units.—See vicarius in urbe.

Subvas. See vas.

Subvenire. To come to the aid. Used of judicial remedies granted primarily to persons who in par­ticular situations or for specific reasons deserve such help. The term refers to restitutiones in integrum and exceptions.

Succedere (successio). To succeed, to take the place of a person either as his successor in office or as his heir. In the latter case a person (successor) enters into the legal situation of a defunct person (succedere in ius, in locum, in ius et locum dejuncti) both as creditor and debtor in all his legal relations except those which are extinguished by death (as, e.g., mandatum, societas) or are merely factual, as pos­sessio. In postclassical and Justinian’s law the terms succedere and successio were extended to cases in which one succeeded in one specific relationship of the deceased (succedere in rem, in singulas res, in rei dominium = in the ownership of one thing) which is opposed to successio in Universum ius (in univer­sum dominium, in universa bo'na = in the whole prop­erty). It is generally accepted that the definition of successors, preserved in the Digest (39.2.24.1a): “successors are not only those who succeed to a whole property, but also those who succeeded in the ownership of one thing are covered by this term,” is an interpolation by Justinian’s compilers. Succe­dere hereditario iure — to succeed as an heir. Suc­cessio indicates at times the right of succession, and it is used as a collective term embracing all heirs (descendants) of a person.—Inst. 3.2.; 5; 7; C. 6.59. See UNIVERSITAS, SUCCESSOR, HEREDITAS, BONORUM POSSESSIO, HERES, SUCCESSIO IN UNIVERSUM IUS.

Beauchet, DS 4; Longo, BIDR 14 (1902) 127, 224; 15 (1903 ) 283; Bonfante, Scr giuridici 1 (1926) 250; Am­brosino, SDHI 11 (1945) 65; 94; B. Biondi, Istituti fon­damentali 1 (1946) 9; B. Albanese, La successione eredi­taria in dir. rom. antico, AnPal 20 (1949).

Successio graduum. See bonorum possessio intes­tati, EDICTUM SUCCESSORIUM.

De Crescenzio, NDI 12, 960.

Successio in locum prioris creditoris. Succession into the place of a prior creditor. It happened when the same thing was hypothecated successively to several creditors; see hypotheca. A creditor earlier in date had priority over creditors to whom the thing was hypothecated later. Renunciation by one credi­tor or extinction of his claim (e.g., by payment) caused the creditor next in order to enter in his place. Such a succession could also be agreed upon between two creditors.—D. 20.4; C. 8.18.—See ius OFFERENDI PECUNIAM, POTIOR IN PIGNORE.

Successio in possessionem (possessionis). Succes­sion into the possession of a thing. In the case of succession through inheritance an heir did not auto­matically succeed in possession through the accept­ance of the inheritance (see aditio hereditatis). He had to take physical possession of all things belonging to the estate (res hereditariae). This gave him the opportunity to continue and complete the usucaption of individual things if their possession by the defunct person satisfied the conditions of usucapio. —See ACCESSIO POSSESSIONIS, USUCAPIO.

Successio in universum ius. See succedere, uni­versitas.—For universal succession in the property of a living person, see adrogatio, bonorum venditio, CONVENTIO IN MANUM.

Catalano, AnCat 1 (1947) 314.

Successio ordinum. See bonorum possessio intes­tati, EDICTUM SUCCESSORIUM.—D. 38.15.

De Crescenzio, NDI 12, 960.

Successio in usucapionem. See successio in pos­sessionem, USUCAPIO.

Successor. One who succeeded another in office or as his heir.—See succedere.—C. 10.63.

Successor honorarius. A person who inherited an­other’s property according to praetorian law, either under a testament valid according to praetorian law or according to the order of succession on intestacy established in the praetorian edict.—See bonorum POSSESSIO, EDICTUM SUCCESSORIUM.

Successor legitimus. An heir inheriting under ius civile, Ant. successor honorarius, praetorius.

Successor praetorius. See honorarius.

Successores ceteri. All other successors who inherit beside heredes and bonorum possessores. Wherever the successores ceteri appear along with heredes or with heredes and bonorum possessores the expression successores ceteri is interpolated. Through this ad­dition the compilers wished to extend certain legal rules applicable to heirs, to other persons who under any title acquired another’s property.

Longo, BIDR 14 (1902) 150; Guarneri-Citati, Indice² (1907) 17.

Successorium edictum. See edictum successorium. Succidere. See ACTIO ARBORUM FURTIM CAESARUM.

Succurrere. To help. The term is used of procedural measures (exceptions, restitutio in integrum) by which the praetor saved persons who for special reasons (e.g., minor age) deserved protection from losses. Syn. subvenire.

Suffectus. A magistrate (e.g., a consul) elected to fill a vacancy which occurred during the service year. Kiibler, RE 4A.

Sufferre. To bear, to undergo, to suffer (losses or penalties) either a pecuniary fine through a decision of a magistrate (see multa) or a penalty to be paid in accordance with an agreement for default in ful­fillment of an obligation (see poena) or, in a civil trial, the disadvantage of a litis aestimatio.

Sufficere. To suffice. Often used of an action or another procedural remedy available to a person for putting forward his claim.

Suffragator. One who used his influence to support another in an electoral campaign for a magistracy, or one who intervened with the emperor in favor of another person. Any such action = suffragatio.— See SUFFRAGIUM.

Kiibler, RE 4A.

Suffragium. A vote, the right to vote. Suffragium refers to both the vote in popular assemblies {comitia) and in criminal courts (quaestiones). For abbrevia­tions used see a, c, u.R. To start voting = suffra­gium inire, ferre.—C. 4.3.—See civitates sine suf­fragio, TABELLAE, IUS SUFFRAGII, LEGES TABELLARIAE, ROGATOR, DIRIBITIO.

Kiibler, RE 4A ; Saglio, DS 4 ; De Marchi, La sincerità del voto nei comizi rom., RendLomb 1912, 653 ; G, Rotondi, Leges publicae populi Rom. (1912) 19; Fraccaro, La proce­dura del voto nei comizi, ATor 49 (1913/14) 600.

Suffragium. (In the later Empire.) Recommenda­tion of a person to the emperor or a high official for an official position or a special privilege. The person on behalf of whom the suffr/igator intervened usually promised an honorarium for the servicè rendered; the pertinent agreement = contractus suffragii. An imperial constitution of a.d. 394 ordered that such a promise had to be made in the solemn form of a sponsio (C. 4.3.1). Suffragium is also used of gra­tuitous recommendations or interventions on behalf of another.—C. 4.3.—See suffragator.

Kiibler, RE 4A, 657.

Suggerere. To advise, to prompt, to suggest. The verb occurs in texts suspected of interpolation. It is rare in classical language, but frequent in imperial constitutions.

Guarneri-Citati, Indice² (1927) 84.

Suggestio. A query or a report presented by a lower official to a higher one or to the emperor. The term is used primarily in imperial constitutions.

Sui. (In a general meaning.) The next relatives of a person ; persons living in the same household under the one head of the family.—See suus.

Sui iuris (esse). To be legally independent, not under the paternal power (patria potestas) of another. Syn. suae potestatis esse. Ant. alieni iuris.—See suus.

Suicidium. A suicide. See consciscere sibi mortem, liberae mortis facultas. “A soldier who attempted to commit suicide and did not succeed, is to be pun­ished by death unless he wanted to die because of unbearable pains, sickness, affliction (mourning), or for another reason; in such cases he is to be dis­honorably discharged” (D. 48.19.38.12).

Sumere arbitrum (iudicem). To take an arbitrator or judge by common agreement of the parties in­volved in a controversy.—See compromissum, iudex. J. Mazeaud, La nomination du iudex unus, 1933, 121.

Sumere poenam (supplicium). To exact punishment (e.g., the death penalty).

Summa. An enactment by Justinian through which the first Code (see codex iustinianus) was promul­gated (April 16, 529). The constitution starts with the words Summa rei publicae.

Summa. See in summa.

Summa (pecuniae). A sum of money; the term is frequently connected with a noun indicating the origin or nature of the obligation (summa debiti, sacramenti, sponsionis, dotis, condemnationis, etc.).

Summa honoraria. See honorarium.

Kübler, RE 4A.

Summa Perusina. A summary of imperial constitu­tions from the first eight books of Justinian’s Code, entitled Adnotationes Codicum Domini lustiniani. The author of the Summa which was written in the seventh or eighth century and is preserved in one manuscript (now in Perugia), is unknown.

Editions: Heimbach, Anecdota 2 (1840); Patetta, BIDR 12 (1900).—Monti, NDI 12, 1; Μ. Conrat, Gesch. der Quellen und Literatur des röm. R. im frühen Mittelalter (1891) 182; Besta, Atti Accad. Palermo 1908.

Summa res. See summae rationes.

Summae. Called in the literature brief abstracts (sum­maries) of Justinian’s Digest and the Code which were written in Greek by Byzantine jurists soon after the publication of Justinian’s codification to make the large legislative works more easily accessi­ble to practitioners.—See index.

Summae rationes. The general fiscal administration of. the Roman state. The officials charged with the pertinent duties — tabularii summarum rationum. Syn. summa res.

O. Hirschfeld, Kais. Verwaltungsbeamte² (1905) 32.

Summatim cognoscere. A summary, simplified pro­cedure applied in the cognitio extra ordinem in specific civil cases when a speedy investigation of the matter (e.g., when alimony was sought) was desir­able. With the cooperation of the parties the course of the proceedings was hastened. Summatim rem exponere is used of lawyers who briefly summarized the case in court.

Wlassak, RE 4, 213; Biondi, BIDR 30 (1921) 220; H. Krüger, ZSS 45 (1925) 39; Wenger, Institutes of the R. civil procedure (1940) 324.

Summovere. To exclude (e.g., from an inheritance or guardianship). The principal application of the term is with reference to procedural exceptions (see exceptio) when the plaintiff’s claim is successfully opposed by the defendant’s exceptio.

Summum supplicium. The death penalty. Syn. ulti­mum supplicium.—See supplicium.

Summus. The highest. The superlative is primarily used of institutions and things that pertained to, or were connected with, the emperor.

Sumptu publico. At the expense of the state or a municipality.—See sumptus.

Sumptuariae leges. See the following item.

Sumptus. Generally all kinds of expenses (syn. im­pensae), also those which one incurs for another in contractual relations or other legal situations. See NEGOTIORUM GESTIO, POSSESSOR BONAE FIDEI. In a specific sense sumptus = expenses connected with a luxurious life. In the Republic a series of statutes were issued in order to suppress the increasing luxury in Roman life {leges sumptuariae). They prohibited luxurious clothes for women, the excessive use of jewelry, and prodigality in banquets and feasts. The

[TRANS. AMER. PHIL. SOC. legislation apparently was not successful since the prohibitions, combined with high taxes, were fre­quently repeated. See lex aemilia, fannia, oppia, orchia. Luxurious funerals were also repeatedly prohibited, first by the Twelve Tables. Later on, the censors frequently intervened with prohibitions. The last lex sumptuaria was lex iulia sumptuaria by Augustus.

Kiibler, RE 4A; Leerivain, DS 4; G. Longo, NDI 7 (s.v. leges sumptuariae) ; Richter, NDI 12, 1 (s.v. sumptuariae leges) ; E. Giraudias, Etudes historiques sur les lois sump- tuaires (These Poitiers, 1910) ; G. Rotondi, Leges publicae populi Rom. (1912) 98.

Sumptus funeris (in funus). See sumptus, actio FUNERARIA, IMPENSAE FUNERIS.-------------------------------------------------------- D. 11.7; C. 3.44.

Cuq, DS 2, 1408.

Sumptus litis (in litem). The emperor Zenon (C. 7.51.5, a.d. 487) introduced a general rule that any one who was defeated in a trial, plaintiff or defendant, whether he was in good or bad faith, had to pay the victorious adversary the expenses connected with the trial. Syn. expensae litis.—C. 7.51.—See calumnia, POENA TEMERE LITIGANTIUM.

Chiovenda, BIDR 7 (1894) 275 ; idem, RISG 269 (1898) 3, 161; H. Erman, Restitution des frais de proems en dr. rom., Lausanne, 1892.

Sumptum ludorum. Expenses connected with the ar­rangement of public games.—See ludi, senatus­consultum DE SUMPTIBUS LUDORUM MINUENDIS.

Sumptus muneris. Expenses connected with the ful­fillment of public charges (munera). If a person was assigned a certain public service together with others, but he alone fulfilled the duties imposed, the others who failed to cooperate had to reimburse him for the expenses he incurred on their behalf.—C. 11.38; 10.69.

Suo nomine. See nomine.

Supellex (suppellex). Household goods.—See lega­tum SUPELLECTILIS. D. 33.10.

Super. When followed by an ablative it is syn. with de. A Grecism frequently occurring in the language of the imperial chancery and in interpolated passages. Guarneri-Citati, Indice² (1927) 85.

Superare aliquem. (When referring to a civil trial.) To be victorious over one’s adversary, to win the case. With reference to a criminal trial — to estab­lish the guilt of the accused, to convict.

Superexactio (superexigere). See exactio.—C. 10.20.

Flore, St Bonfante 4 (1930 ) 345.

Superficiariae aedes. A building built on leased land. It belongs to the owner of the land.

Superficiarius. (Noun.) One who has the right of superficies on another’s land.

Superficiarius. (Adj.) An immovable, land or build­ing, encumbered with the right of superficies on be­half of a person other than the owner.—See super­ficies.

Superficies. All that is connected with the soil whether it comes out from it (trees, plants, etc.) or is built upom it. All this “goes with the soil” (superficies cedit solo, Gaius, Inst. 2.73, D. 43.17.3.7), i.e., it becomes property of the owner (see in aedifica­tio, plantatio, satio) even if the material used for constructions, plants, seed, etc., belongs to another person.—Superficies as a right over another’s prop­erty = the right to use all that is on the surface of another’s land. The origin of superficies as far as buildings are concerned, arose from arrangements made between the owner of a given piece of land and the constructor of the building thereon ( first on public land, later on private property). Under such agree­ments the builder acquired a right similar to that of a lessee (see locatio conductio rei), but per­petual and hereditary. The superficiarius ( — the person entitled to superficies) had a specific legal situation not only with regard to the owner of the land (to whom he paid an annual rent, solarium) but also to third persons against whom he was pro­tected by a special interdict (interdictum de super- ficiebus). In later development certain other actions were granted the superficiarius, actions which nor­mally were available to owners only. In Justinian’s law the superficies appears as a fully developed in­stitution, as a strong right on another’s property, protected by legal means analogous to those jvhich were granted to the owner. The development of the superficies, though doubtful in details, shows the transformation of the institution from a merely ob­ligatory relationship to a real right (ius in re aliena) over another’s property endowed with nearly all ad­vantages which resulted from ownership.—D. 43.18. See AEDES, USUSFRUCTUS, POSSESSIO AD INTERDICTA.

Kubler, RE 4A; Lécrivain, DS 4; Simoncelli, NDI 12; Berger, RE 9, 1647; idem, Teilungsklagen, 1912, 32; Beseler, Beitràge zur Kritik 1 (1911) 100, 3 (1913) 169; G. Baviera, Scritti giur. 1 (1909) 177; Arangio-Ruiz, AG 81 (1908) 436; Rabel, Mèi Girard 2 (1912) 307; Buck­land, RHD 17 (1938) 666 ; B. Biondi, La categoria romana delle servitutes (1938) 443; idem, Le servitù prediali (1946) 70; E. Albertario, Studi 2 (1941, ex 1911, 1912) 409, 459; Pugliese, Temi Emiliana 20, 4 (1943) 119; So- lazzi, SDHI 3-14 (1947/8) 307; idem, RISG 86 (1949) 23; Branca, RIDA 4 (1950) 189; M. Vogt, Das Erb- baurecht des klas. rom. R., 1950; E. Levy, West Roman Vulgar Law, 1951, 49, 80.

Superficies cedit solo. See superficies, inaedifica- TIO, ACCESSIO.

Riccobono, AnPal 3-4 (1917) 508; Wenger, Philologus 42 (1933) 254; C. A. Maschi, La concezione naturalistica (1937) 284; idem, St Arangio-Ruiz 4 (1953) 135.

Superficium. See superficies.

Superflua non nocent. See superfluus.

Superfluum. What remains from a sum of money after deductions have been made, e.g., from the price of a pledge sold if the price exceeded the debt for which the pledge had been given.—See pactum de distrahendo, hyperocha.

Superfluus. Unnecessary, superfluous. An imperial constitution (C. 6.23.17) pointed out the distinction between necessary and unnecessary clauses in a con­tract or testament. The omission of necessary clauses which are required for the validity of the act in­validated it whereas the addition of superfluous de­tails because of exaggerated cautiousness did not since “superflua non nocent” (— superfluous additions do no harm).

Superindictio (superindictum). In the later Empire an extraordinary additional charge or tax levied when the normal taxes or public charges (munera) did not suffice. A superindictio was primarily decreed in war time. The owners of large estates (possessores) were the first to be charged with superindictio.—C. 10.18.—See INDICTIO.

Ensslin, RE 4A; Lecrivain, DS 4; Thibault, Rev. generale du droit, de la legislation 24 (1900) 112.

Superior. In the official hierarchy higher in rank. Superius imperium = the power of a magistrate higher in rank; see imperium. Ant. inferior.

Superiores. Relatives in ascendant line.—See gradus. Supernumerarii. In the later Empire, see ministri CASTRENSES.

Superscriptio. The signature of a person placed on a document alongside its seal (nomen adscribere). Such an additional signature was required in testa­ments.—See SUBSCRIPTIO.

Supersedere. To neglect, to omit. The term is used of failure in fulfilling one’s duties and of omission of certain required procedural measures in due course. Honig, Fg R. Schmidt 1 (1932) 21.

Superstitio. Used of religions other than the Roman. Thus the emperors Severus and Caracalla spoke of superstitio ludaica (D. 50.2.3.3). To Christian em­perors any non-Christian religion was superstitio (haeretica, paganorum, ludaica, etc.).—In the later Principate the profession of new religious doctrines “by which human minds are perturbed” (Paul. Sent. 5.21.2) was treated as a capital crime for which persons of higher social classes (honestiores) were punished with deportation.—Superstitio also occurs in the meaning of an excessive, superstitious fear of a divinity in a rescript of the emperor Marcus Aure­lius (D. 48.19.30) by which a person who “made weak-minded individuals terrified by a superstitious fear of a deity” was to be punished with deportation to an island.—See apostata, Christiani, haeretici, IUDAEI.

Pfaff, RE 4A; Mommsen, Religions]revel, Jurist. Schrif- ten 3 (1907, ex 1890) 389; Martroye, RHD 9 (1930) 669. Superveniens. See MALA FIDES.

Supervivere. To survive.----- See COMMORIENTES.

Supplere. To complete, to make full (e.g., usucapio­nem, fideicommissum, aetatem, tempus, numerum).

Guarneri-Citati, SDHI 1 (1935) 153.

Supplere ius civile. See ius honorarium. Guarneri-Citati, SDHI 1 (1935) 157.

Supplicatio. A petition directly addressed to the em­peror with a request for his decision in a judicial matter. Syn. libellus, preces. The supplicatio devel­oped in later times into an appeal when a petitioner asked the emperor for a renewed examination in a matter in which normally no appeal was permitted (e.g., from judgments passed by praetorian prefects). —C. 1.19.

Arangio-Ruiz, BIDR 49/50 (1947) 55.

Supplicationes. Bloodless sacrifices performed by pri­vate persons at home. Supplicationes also were sacri­fices celebrated by the whole nation and arranged by public authorities in order to ask aid of the gods in times of national calamity or to thank them in the case of a happy event.

Wissowa, RE 4A; Toutain, DS 4; Rose, OCD.

Supplicium. Death, death penalty, penalty in general. For the kinds of execution, see poena.

Pfaff, RE 4A; Lecrivain, DS 4; Heinze, Archiv für lat. Lexikographie 15 (1908) 98; V. Brasiello, La repressions penale, 1937, 246; Vergote, Les principaux modes de sup­plice, Bull. Inst. Hist. Beige de Rome 10 (1939) 141.

Supplicium fustuarium. See fustuarium suppli­cium.

Supplicium servile. See servile supplicium, crux. Supplicium summum. See summum supplicium. Supplicium supremum. See supremum supplicium. Supplicium ultimum. The death penalty. Syn. sum­mum supplicium, supremum supplicium.

Supponere. In later imperial constitutions to give a creditor a thing as a pledge.

Supponere partum. See partus suppositus. Syn. subicere partum.—See subditicius.

Supposita persona. See interposita persona. Suppressio. See SUPPRIMERE.

Suppressor. See SUPPRIMERE SERVUM ALIENUM.

Supprimere (suppressio). To conceal, to hide a thing in order to defraud another (a creditor, the fisc), to embezzle.

Supprimere servum alienum. To conceal another’s slave. The wrongdoer was guilty of plagium and was punished under the lex fabia.

Supprimere tabulas (testamentum). To conceal a testament (or a codicil) to the detriment of the heir instituted therein (or a legatee). See interdictum de tabulis exhibendis. A slave who believed ’him­self to have been manumitted in a testament concealed by the heir in order to frustrate the manumission, was permitted to accuse the latter on that charge (accusatio suppressi testamenti).

Supremum supplicium. The death penalty.

Supremus. Last, final. When connected with a noun referring to the will of a person (suprema voluntas, supremum iudicium, supremae tabulae, supremae preces) or simply suprema (plur. neut.) = a testa­ment.—See IUDICIUM SUPREMUM, VOLUNTAS SU­PREMA.

Surdus. Deaf. A deaf person could not promise by stipulatio nor accept a stipulatory promise because he was unable to hear the question or the answer. He was excluded from personal participation in oral transactions and from being a witness thereto. A person hard of hearing (tarde exaudire) is not con­sidered surdus.—See curator muti, tutor.—D. 37.3. Susceptor (susceptio). (From suscipere.) In the financial administration of the later Empire — a col­lector of taxes in money or in kind (grain, wine = susceptor vini, clothes = susceptor vestium).—C. 10.72; 11.17.

Lammert, RE 4A.

Suscipere. In financial administration of the later Empire, see SUSCEPTOR.

Suscipere. In contractual and obligatory relations, to assume a unilateral obligation (e.g., mandatum, de­positum, commodatum), to incur a debt (suscipere mutuum, suscipere aes alienum). Suscipere obliga­tionem — to assume an obligation as one’s own or for another¹ (suscipere obligationem alienam) by releas­ing the principal debtor or as his surety (fideiussor).

Suscipere actionem (iudicium, litem). In civil trials, when referring to the formulary procedure, this is synonymous with accipere iudicium (see litis con­testatio). With reference to the procedure through cognitio extra ordinem the term indicates that the defendant assumed the role of the plaintiff’s adver­sary in the trial. Suscipere defensionem = to assume the defense of a defendant.

Suscipere filium (liberum). To beget a child. Sus­cipi = to be born (susceptus). Suscipere filium alie­num = to adopt another’s child.

Berger, Jour, of juristic papyrology 1 (1945) 30 (-BIDR SS-S6, Post-Bellum [1951] 113).

Suscipere servum alienum. To give harbor to a slave who had left his master. Keeping the slave secretly (celare, supprimere) against the will of his master was considered a crime (see plagium) and punished under lex fabia.—See supprimere servum alie­num.

Suspectus. See HERES SUSPECTUS, SATISDATIO SUS­PECTI HEREDIS, TUTOR SUSPECTUS, IUDEX SUSPECTUS, SUSPECTUS REUS.

Suspectus reus. A person suspected of having com­mitted a crime. A slave suspected of a crime could be submitted to torture in order to obtain his con­fession if other evidence was not available.—See tor­menta, suspicio.

Suspendere (laqueo). To hang a person with a rope. See laqueus, furca. This kind of punishment was practiced on slaves by some masters. The death of the slave was treated as homicide (homicidium).— C. 9.14.

Suspensa. Syn. res suspensae. See actio de deiectis. Suspensus sub condicione. See condicio, in sus­penso ESSE.

Suspicio. Suspicion. The emperor Trajan ordered that “no one should be condemned on the ground of suspicion alone” (D. 48.19.5).

Sustinere. To undergo (an accusation or a punish­ment), to suffer (losses), to be liable (for a debt, expenses, etc.).

Sustinere actionem (iudicium). To suspend pro­ceedings and judgment in a trial until a preliminary (prejudicial) question was cleared up. If, e.g., a noxal action (see actio noxalis, noxa) was brought against a master for a wrongdoing committed by his slave while a proceeding concerning the slave’s liberty was pending, the noxal trial was to be suspended until the status of the slave was established.—See dilatio.

Sustinere partem actoris (rei). To assume the role of the plaintiff (or defendant) in a trial. Sustinere personam alicuius = to represent a person. Thus, a tutor or a curator represents the ward; an inheritance represents the personality of the defunct (personam defuncti sustinet).

Suum. All that belongs to a person, his whole prop­erty. The plural sua is also used in the same sense. Suum sometimes means only what is due to a person (suum petere). Suum facere aliquid = to acquire ownership of a thing.

Suum aes. See aes alienum.

Suum cuique tribuere. See ius.

Suus. See sui, sui iuris, suae potestatis, suae aeta­tis, SUAE MENTIS. SUUS IS often USed for HERES suus.

Suus et necessarius heres. See heres suus et NECESSARIUS.

Suus heres. See HERES suus.

Suus iudex. In the language of the imperial chancery a judge designated by law to decide upon a specific case.

Symbolum. A sign of recognition (e.g., a ring = anulus), a proof of authorization (a document, pro­vided with a seal). A messenger of a creditor had to prove by a symbolum to the debtor that he was authorized to receive payment.

Bickermann, RE 4A, 1088.

Synallagma. Indicated in Greek law any agreement from which an obligation arose. In Roman sources it acquired a somewhat different meaning, referring only to agreements from which reciprocal (bilateral) obligations of both parties originated (D. 2.14.7.2; 50.16.19) ; the authenticity of the two texts is, how­ever, controversial. In postclassical and Justinian’s law synallagma is synonymous with contractus.

Seidl, RE 4A; P. De Francisci, Synallagma. Storia e dot­trina dei coside tti contratti innominati, 1-2 (1913, 1916); J. Partsch, Aus nachgelassenen Schriften (1931) 16.

Syndicus. A representative of a public or private corporate body (civitas, municipium, collegium). The term is of Greek origin. Syn. actor.

Seidl, RE 4A, 1333; Chapot, DS 4; Albertario, Studi 1 (1933) 121.

Syngraphe. In classical law a form of literal obliga­tion (see LITTERARUM OBLIGATIO) contracted between peregrines (Greeks) or between a Roman and a peregrine. The term and the institution came into Roman legal life early through the commercial rela­tions between Rome and Greece. A syngraphe was written in two copies and sighed by both parties; each kept one copy. It is doubtful whether a syn­graphe was valid if the obligation assumed therein by a party was not based on a real transaction.

Kunkel, RE 4A, 1384; Beauchet, DS 4; Moschella, NDI 12, 1, 1240.

Synopsis Basilicorum. A collection of brief abstracts from the basilica, composed in alphabetical order by an unknown author in the tenth century. The text is preserved in several manuscripts which suggests that the collection was widely used. The Synopsis is important for the knowledge of the missing parts of the Basilica. The title of the collection is “Ecloge and Synopsis of the sixty books of the Basilica with references thereto, arranged alphabetically.” From this Synopsis, termed in the literature Synopsis Maior, a lesser abstract, also in alphabetical topical order was composed about the beginning of the thirteenth century under the title Nomimon kata stoicheion ( = a legal book in alphabetical order). The latter is called Synopsis Basilicorum Minor.

Editions: S. B. Maior: Zachariae, Jus Graeco-Romanum 5 (1869) ; J. and P. Zepos, Jus Graeco-Romanum 5 (Athens, 1931).—S. B. Minor: Zachariae, op. cit. 2 (1851) ; Zepos, op. cit. 6 (Athens, 1931).—J. A. B. Mortreuil, Histoire du droit byzantin 2 (1844) 435, 3 (1846) 315.