GLOSSARY OF LATIN LEGAL TERMS
arrhae sponsaliciae in late antiquity, sureties exchanged by a betrothed couple to ensure that the marriage took place [see Chapter 2, II.C].
bona materna “maternal goods,” property inherited by children from their mother.
bonorum possessio possession obtained by succeeding to a deceased person's property.
calumnia vexatious prosecution or the bringing of a false charge.
clarissima femina “most splendid woman,” a title indicating senatorial status [see Introduction, Part II and Chapter 1, VI.A].
coemptio a mock sale of herself by means of mancipatio that a woman had to undergo before entering a manus-marriage or before making a will [see Chapter 1, II.B].
concubinatus a non-legal but long-term sexual relationship, usually between an unmarried man and a woman of lower status with whom iustum matrimonium was either legally impossible or socially inappropriate [see Chapter 3, I.B.5].
contubernium a quasi-marital union, entered into by those who were unable to make a legal marriage, particularly slaves [see Chapter 3, I.B].
conubium the legal ability to enter into legitimate marriage (iustum matrimonium)
curator minorum “caretaker of minors,” who assisted fatherless young men and women under twenty-five but over the age of puberty, replacing the tutor impuberum, the guardian of children below puberty.
dikaion teknon the Greek term for the ius liberorum.
donatio ante nuptias pre-nuptial gifts [see Chapter 2, II.C].
New Roman">Edictum Perpetuum the Praetor's Edict, published at the beginning of his year in office by the urban praetor of Rome, in which he stated what legal remedies he would make available for particular situations.
Under Hadrian, the Praetor's Edict was put into a fixed form.epitropos (1) the Greek name for a guardian of fatherless minors [see Chapter 5, II.B.1]; (2) the word used in Judaea and Arabia to describe a woman's guardian, elsewhere called kyrios [see Chapter 1, III.C].
equites “equestrians,” a man of high rank, below senators but above other honestiores [see Introduction, Part II].
familia “household” or “family;” the word has several connotations, but generally denotes all members of a household under the power of a paterfamilias, including slaves [see Chapter 1, I.B].
filiafamilias (masc.
filiusfamilias) “daughter (son) of a family;” a child who was under the power of a paterfamilias. Even adult children were filiifamilias unless they had been emancipated from patria potestas.honestiores the “more honorable;” men and women of higher status, who could expect better treatment under the law [see Introduction, Part II].
humiliores the “more lowly;” men and women of low status, who could expect harsher penalties and treatment under the law [see Introduction, Part II].
infamia legal infamy, a state which carried certain legal disabilities such as the inability to represent someone else in court or to appoint a legal representative for oneself, or to be a witness in court. Infamia was a penalty for a number of offenses under Roman law. Practitioners of certain professions considered particularly shameful (prostitution, pimping, appearing as a gladiator) were also infames (infamous).
ingenua (masc. ingenuus) freeborn, i.e., born to a free mother. iniuria “outrage” or “insult” against another person, punishable by law. iudicium publicum trial by jury, in particular a trial held before one of the permanent jury courts (quaestiones perpetuae) which dealt with the crimes of adultery, forgery, murder, violence, and treason.
ius (trium) liberorum “right of (three) children,” granted by the Augustan marriage laws to women who had borne three children; it enabled them to conduct their legal affairs without a tutor mulierum [see Chapter One, III.D].
ius vitae necisque “right of life and death” which legally a paterfamilias wielded over his direct descendants [see Chapter 1, II.A].
iustum matrimonium legal marriage, marriage made in accordance with Roman law.
Also called iustae nuptiae [see Chapter 2, I.A].kyrios the name for a woman's guardian in some Greek-speaking parts of the Empire, analogous to the Roman tutor mulierum [see Chapter 1,
III. C].
lex Aelia Sentia “Aelian—Sentian law,” enacted in 4 C.E., said that slaves could not be legally freed until they were at least 30 years of age and that slaveowners had to be at least 20 to manumit their slaves [see Introduction, Part II].
lex generalis “general law;” in the late Empire, refers to legislation which applied to all subjects throughout the Empire [see Introduction, I.B].
lex Julia de adulteriis “Julian law on adulteries,” part of the marriage legislation of Augustus enacted in 18 B.C.E. [see Chapter 2, I.B]
lex Julia de maritandis ordinibus “Julian law on the marriages of the social orders,” enacted by Augustus in 18 B.C.E. [see Chapter 2, I.B].
lex Julia et Tittia “Julian and Titian law” enacted in the first century
B. C.E., which gave provincial governors the right to appoint guardians.
libellus petition directed to the emperor or a provincial or local official. liberta (masc. libertus): a former slave.
mancipatio an ancient way of conveying property in which the seller transferred ownership to the buyer “by means of bronze and scales” (per aes et librum) in the presence of five witnesses.
manus literally, “hand,” the legal authority a husband had over his wife in early Roman society.
Manus-marriage was virtually obsolete by the time of Augustus [see Chapter 1, II.B].munera “duties” owed by men and women of wealthy families to their communities, usually involving expenditure on public works or entertainment [see Chapter 1, VI.C].
nomen the Roman family name. Children born in legitimate marriage took their father's nomen; libertae and liberti took their patron's nomen. (Married women retained their father's nomen.)
parapherna Greek word meaning “things in addition to the dowry,” items a bride brought to a marriage in addition to her dowry.
paterfamilas “father of the family,” the oldest male ascendant who had patria potestas over all his male and female children and his sons' children.
patria potestas “paternal power,” the legal authority a paterfamilias had over all his children and sons' children, including ownership of any property they held and the ius vitae necisque [Chapter 1, II.A].
patronus (fem. patrona) (1) the former owner of a freed slave (liberta/us),
who had certain rights over the property and activities of his or her liberta/us; (2) the patron of a town or collegium, who was expected to provide financial and political support.
peculium the “allowance” given by a paterfamilias to those under his potestas, particularly sons (but sometimes also daughters) and slaves.
peregrina (masc. peregrinus) a foreigner; someone who does not have Roman citizenship.
postulare to make a legal request, that is, to ask the praetor or other magistrate to appoint a judge to hear one's case (in civil law) or to accept an accusation (in criminal law).
procurator representative appointed by a woman (or man) to represent her (or him) in court or in business dealings.
publicum iudicium see iudicium publicum above.
pupilla (masc.
pupillus) a minor (for girls, under age twelve, for boys, under fourteen) whose paterfamilias was dead; they needed the assistance of a tutor impuberum [see Chapter 1, II.C and Chapter 5, II.A].querela inofficiosi testamenti “complaint of undutiful will,” which could be brought against a will by a legitimate child who had been left less than one-fourth (or less than his or her share of one-fourth, if there was more than one child) of a parent's property by will.
repudium notice of divorce sent by one spouse to the other [see Chapter 4]. res mancipi certain kinds of property whose ownership had to be transferred by the form of sale called mancipatio, including certain animals, urban and rural estates in Italy, and slaves [see Chapter 1, III.A—B].
rescriptum (pl. rescripta) imperial response to a petition from a private subject (subscriptio) or from an imperial official; a rescript.
senatusconsultum (pl. senatusconsulta): a decree of the Roman Senate. senatusconsultum Claudianum (1) senatorial decree of 49 C.E. legalizing marriage between a man and his brother's daughter [see Chapter 3,
I. A.2]; (2) senatorial decree of 52 C.E. penalizing unions between a free woman and someone else's slave [see Chapter 3, I.B.2].
senatusconsultum Plancianum senatorial decree passed in the early second century to regulate cases where a divorced woman claimed to be pregnant by her ex-husband [see Chapter 4, I.E.2].
senatusconsultum Tertullianum senatorial decree passed under Hadrian, which granted a woman with the ius liberorum the right to inherit from her children who died intestate (i.e.
without a will).senatusconsultum Velleianum decree of the mid-first century C.E. which discouraged women from guaranteeing the debts of others and said that such a guarantee would not be enforceable in court [Chapter 1, IV.D].
stipulatio an oral contract, binding in Roman law, in which the stipulating party requested a verbal promise from the other party.
stuprum illicit sex, punishable under the lex Julia de adulteriis. This included adultery (sexual relations between a married woman and someone other than her husband), as well as sexual relations with an unmarried woman or virgin of respectable status.
subscriptio (pl. subscriptiones) the emperor's reply to a petition from a private subject, so called because the emperor would write “subscripsi” (‘'I have subscribed”) in his response below the original petition.
sui heredes a person's heirs if he or she died intestate (i.e. without a will). All a paterfamilias’ children, male or female, were sui heredes, unless he had emancipated them from patria potestas.
sui iuris legally independent. Women (and men) whose paterfamilias was dead were style='font-style:italic'>sui iuris, and could own and inherit property in their own right.
tutela guardianship. This could either be tutela impuberum (guardianship of a fatherless minor) or tutela mulierum (guardianship of a woman).
tutor impuberum the guardian of a fatherless minor (pupilla/us), who would be responsible for administering the minor's property until he or she reached puberty (considered to be twelve for girls, fourteen for boys).
tutor legitimus a guardian who was the closest male agnate (relative on the father's side), often a paternal uncle. If the person (woman or pupillus) whose tutor he was died without a will, he would stand to inherit, and therefore had a vested interest in the guardianship [Chapter 1, III.A.1].
tutor mulierum the guardian of a woman over twelve whose paterfamilias was dead; she needed his authorization in order to carry out certain legal and business activities [see Chapter 1, Part III].
Administrative offices
boule Greek name for the town council (curia in Latin).
curia the local town council, on which decurions (curiales, pl.) served.
decurion town councilor, member of the honestiores (s.v. above); in late antiquity known as curialis.
epistrategos regional magistrate in Roman Egypt, representing a level of authority between the strategos and the prefect.
exegetes municipal official in Roman Egypt.
praetor in the Republic and early Empire, the Roman magistrate responsible for administering justice in Rome. At the beginning of his year in office, he published an edict setting out what legal remedies he would offer (s.v. above, Edictum Perpetuum).
praetorian prefect in the late Empire, the most important imperial official (besides the emperor), responsible for publishing and enforcing the emperors' laws and for receiving petitions and hearing legal cases. There were four praetorian prefects, one for Gaul, one for Italy, one for Illyricum, and one for the Orient (east).
prefect (of Egypt) the governor of the province of Egypt, of equestrian rank.
prefect (of the city) in the late Empire, there were two urban prefects, one in Rome and one in Constantinople. They were responsible for criminal justice and maintaining law and order in the city.
quaestor in the late Empire, the official responsible for drafting the laws strategos magistrate in the province of Egypt, with authority over a nome (district).
vir clarissimus (v.c.) “most splendid man,” indicating a man of senatorial status. The feminine equivalent was clarissima femina (c.f.)
Monetary units
denarius a Roman silver coin, worth four sesterces.
drachma the standard unit of currency in Roman Egypt, equivalent to one sestertius.
sestertius (pl. sestertii') “sesterce,” a silver coin, the standard unit of currency in much of the Empire. Senators were required to have a net worth of 1,000,000 sesterces; equestrians had to have a net worth of 400,000 sesterces.