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TIMEMA 100.00%
In legal language, a fine. Cp. litis aestimatio. (See JUDICIAL PROCEDURE.)
PROBOLE 69.83%
A motion for a judicial prosecution. In Attic legal procedure it was a particular kind of public indictment. In the first assembly of every prytany, on the archon's inquiring whether the people were satisfied with the conduct of the magistrates, any citizen might accuse a magistrate of official misconduct. If the assembly considered there was foundation for the charge, the magistrate was temporarily suspended or even absolutely deposed from his office, and a judicial prosecution was instituted. Even against a private citizen, especially for doing an injury to magistrates, or to sacred persons or things, for interrupting a festival, embezzling public money, or instituting a, vexatious prosecution, a complaint could be brought before the people in order to see whether they considered the case suitable for a judicial trial. [The most celebrated example of this procedure is the case of Demosthenes against Meidias for assaulting him in the discharge of public functions at the Dionysia.] However, this neither bound the man who laid the plaint to bring forward an actual indictment, nor the jury to follow in the formal trial the preliminary verdict of the people, although it would always influence them.
The term in Athenian law for a sum of money paid by both parties at the commencement of a private suit, to defray the expense of the action. In actions for sums between 100 and 1,000 drachmoe it was three drachmoe; for larger sums, thirty. The defeated party had to refund this sum to the successful litigant. (See JUDICIAL PROCEDURE, I.)
JUDEX 40.53%
In the Roman constitution a general designation of all judges, whether officials exercising judicial functions or individuals in a private position, entrusted on oath with the duty of deciding in either civil or criminal trials. For standing and for extraordinary criminal courts (see QUAeSTIO) the iudices were at first chosen from the number of the senators by agreement of the parties concerned. Gains Gracchus first introduced a list of iudices (album) for the permanent tribunals (quoestiones perpetuoe). At first this list was permanent, but afterwards it was published annually by the proetor urbanus, who had to swear that he would be impartial in his selection of names. Under the Empire, as long as the quoestiones perpetuoe, existed, it was published by the emperor, who nominated the iudices to hold office for life, and from time to time revised and completed the list. By the lex Sempronia of Gaius Gracchus, B.C. 123, the office of judge was taken away from the senators, who had held it previously, and transferred to the possessors of the knight's census (the equites). In B.C. 80 a lex Cornelia of L. Cornelius Sulla restored it to the Senate. In B.C. 70 the office was equally divided between the senators, the knights, and the tribuni oerdii. These last were once more excluded by Caesar. Augustus formed four decurioe, or divisions, of iudices. Of these the first three were obliged to possess the knight's census, and the last the half of it. Caligula added a fifth decuria. Under the Empire the judicial functions, hitherto confined to certain definite classes, had become so general in their obligations, that it was considered a privilege to be freed from them. This exemption was granted to a man with many children, and, afterwards, to those following the professions of grammarians and teachers. The requisite qualifications, apart from that of property, were that a person should be by birth a citizen, and not less than thirty years of age (after Augustus, not less than twentyfive). The other requirements were bodily and mental capacity, an unblemished reputation, and a long residence in Italy. Under the Republic, the number of those who were sworn in varied at different times; under the Empire it was fixed at 4,000, and later at 5,000. For every court of justice the judges were taken from the general list by lot, and out of this special list the presiding magistrate appointed a definite number for each trial. Out of these a certain number might be challenged and rejected by either side; perhaps the president filled up the vacancies by again drawing lots. The swearing in took place before the trial. When the number of the praetors appointed for the quoestiones was not sufficiently large, a iudex guoestionis was appointed, generally one who had served as aedile. In civil cages it was customary from early times for the judicial magistrates, i.e. the praetors, to depute the investigation and decision to a person instructed by them and appointed by consent of both sides. From the time of Augustus a single judge (iudex unus.) was appointed in each case from the general album of sworn iudices, but for certain cases several judges were introduced. (See RECUPERATORES, and JUDICIAL PROCEDURE, II, below.) The iudices centumviri formed the single great judicial body for trying civil cases. (See CENTUMVIRI) Concerning the iudices litibus iudicandis, who were also appointed in civil cases, see VIGINTI-SEX VIRI.
The Latin name for a court: iudicium populi, a court in which the populus acted as iudices. Iudicium privatum, a civil, iudicium publicum, a criminal court; iudicium domesticum, a family court. (See JUDICIAL PROCEDURE.)
The Roman title of the president of an extraordinary or ordinary criminal court (quoestio extraordinaria or perpetua). According to Sulla's rules of procedure, six praetors chosen for criminal cases presided, and, when this number was not sufficient, additional judges, iudices quoestionis, were provided.
The Roman term for the protector of a single client, or of a whole community (see CLIENTES); the emancipator in relation to his freedman; and the judicial representative of accuser or accused. For the distinction between patronus and advocatus, see the latter.
The name given by the Romans to the charge brought against officials for extorting money from Roman subjects or allies. Such charges were at first brought before the Senate, which heard the case itself, or else passed it on to a commission, or, again, caused it to be brought before the comitia by the tribunes. At last, in 149 B.C., a standing court of justice (See QUAeSTIO perpetua), in fact, the first in Rome, was instituted by the Lex Calpurnia, containing more precise definitions of acts liable to punishment, with forms of legal procedure, and determining the amount of the penalty. The increasing inclination of the officials to use the administration of the provinces as means of enriching themselves at the expense of the provincials led to repeated legislation with a view to increasing the penalty. The last law on the subject was Caesar's Lex Iulia, which was the basis of the procedure in such cases under the Empire. During that period, in consequence of the improved condition of provincial government, extortion on the part of officials became much rarer. Such extortion was generally punished by having to pay four times the amount extorted it was also attended with a certain degree of disgrace (infamia), even if a still more severe punishment were not added for other offences committed at the same time and (as usual) included in the indictment (e.g. the offence of laesa maiestas).
A Greek scholar of Alexandria, who lived probably in the 2nd century A.D.. He was the author of a lexicon to the ten great Attic orators, which has survived, though in a very fragmentary form. It contains, in alphabetical order, notes on the matters and persons mentioned by the orators, with explanations of the technical expressions; thus forming a rich store of valuable information on matters of history, literature, and the constitution and judicial system of Athens.
SYMBOLA 27.61%
The Greek term for treaties between two states, determining the procedure in the event of lawsuits taking place between their respective subjects. A common provision of these contracts was that a party who lost his cause, when tried by the laws of the foreign state, could appeal to those of his own; and similarly the party who had been worsted in his own state was allowed to appeal to the law in his opponent's state. Such treaties were made chiefly to facilitate commercial communications between different states.
Commercial judges: at Athens, a judicial board, having cognisance in disputes between traders and suits against foreigners who pretended to be citizens. The former class of cases they settled themselves; the latter they prepared and brought before the Heliastic court. In Demosthenes' time they had ceased to exist, and both kinds of suits came under the jurisdiction of the Thesmothetoe.
GAIUS 26.02%
One of the most accomplished professors of Roman law and writers on the subject. He was a native of the Asiatic provinces, and spent his days in Rome under Hadrian, Antoninus Pius, and Marcus Aurelius (about 110-180 A.D.). His writings were numerous: but we possess in a tolerably complete form nothing but his Institutiones, or introduction to the private law of the Romans. This was discovered in 1816, having before been known in quotations only. The work is in four books, the first of which treats of the family, the second and third of property, and the fourth of legal procedure. Popular and intelligible without being superficial, it was a favourite handbook of law, and served as a foundation for the Institutiones of Justinian.
The name used at Athens to denote the process of ascertaining the capacity of the citizens for the exercise of public rights and duties. If, for instance a young citizen was to be admitted among the Ephebi (see EPHEBI), he was examined in an assembly of his district, to find out whether he was descended on both sides from Athenian citizens, and whether he possessed the physical capacity for military service. All officials too, even the members of the senate, had to submit to an examination before entering upon their office. The purpose of this was to ascertain, not their actual capacity for the post, which was pre-supposed in all candidates, but their descent from Athenian citizens, their life and character, and (in the case of some offices which involved the administration of large sums) even the amount of their property. The examination was carried on in public by the archons in the presence of the senate, and any one present had the right to raise objections. If such objections were held to be valid, the candidate was rejected; but he had the right of appeal to the decision of a court, which would take cognizance of the matter in judicial form. On the other hand, if be were accepted, any one who thought his claims insufficient had the right of instituting judicial proceedings against him. If the decision was adverse, he would lose his office, and was further liable to punishment varying according to the offence charged against him, which might be, for instance, that of unlawfully assuming the rights of a citizen. A speaker in a public assembly might thus be brought before a court by any citizen, for no one not possessed of the full right of citizenship could legally address the people. The question might thus be raised whether the orator were not actually atimos, or guilty of an offence which involved atimia.
A name given in some Greek cities to the ordinary magistrates and judicial functionaries. In earlier times the term was also applied to persons appointed for a definite term (or until the completion of their task) for putting an end, by legislation, to internal quarrels. Sometimes an aesymnetes was voluntarily chosen by the community for life, and entrusted with supreme and unlimited power. The office of aesymnetes may to a certain extent be compared with the Roman dictatorship, though the latter was never conferred without a strict limitation of time.
EUTHYNA 22.29%
All officials at Athens without exception were bound, at the expiration of their term of office, to give an account of their administration. The authorities to whom it was given were the Logistae, supported by ten Euthyni. (See LOGISTAe.) Within thirty days after the term of office had come to an end, these functionaries issued, to all whom it might concern, a public notice to lay before them any complaints they might have to make against the retiring officials. In case such complaints were made, the matter was brought to an issue by legal procedure. No official was allowed to leave the country, or take any measure affecting his property, or take another office, before his account was given [Aristotle, Const. of Athens, 48].
The quashing of an official act. As in (1), this might be issued by a higher official against a lower one; and also by one colleague against another, e.g. by tribune against tribune. It was necessary that the intercessio should be made in person, and in general immediately after the act in question. It was employed against judicial decisions, administrative ordinances (solely on the appeal of the person concerned); also against decrees of the senate and motions in the popular assembly. The later species of intercessio early became a special right of the tribunes (q.v.).
HENDEKA 20.05%
The term applied at Athens to a band consisting of ten members, chosen by lot, and their secretary. Their duty was to superintend the prisons, receive arrested prisoners, and carry out the sentences of the law. The capital sentence was executed by their subordinates. They also had penal jurisdiction in the case of delinquents discovered in the act of committing offences punishable with death or imprisonment. If they pleaded guilty, the Eleven inflicted the punishment at once; if not, they instituted a judicial inquiry and presided at the decision of the case. They had the same power in the cases of embezzlement of confiscated property, of which they had lists in their possession.
In the oldest Roman legal procedure a kind of execution levied on the person of one who had been condemned to pay a certain sum. If this was not done within thirty days of the condemnation, the plaintiff could seize the debtor and bring him before the praetor, who handed him over to the creditor with the word addico (I hand over), unless he paid there and then, or a vindex came forward to pay for him or to show there was no ground for complaint. The creditor kept the debtor in chains at his house for sixty days; if his claims had not been satisfied during this period, he might kill him or sell him as a slave in foreign parts. From the 4th century onwards a less severe arrangement was usual; the relation of the addictus to his creditor was that of a homo liber in mancipio. (See MANCIPIUM.)
TEMPLUM 15.92%
The Roman term for a space marked out by the augurs (see AUGURES) according to a certain fixed procedure. Its ground-plan was a square or rectangle, having its four sides turned to the different points of the compass; its front however, according to strict Roman custom, faced towards the west, so that any one entering the temple had his face turned towards the east. It was not until later that the front was frequently made to face the east. The building erected on this space, and corresponding to it in plan, did not become a fanum, or sanctuary of the gods, until it had been consecrated by the pontifices. (See DEDICATIO.) As, however, there were fana which were not templa, e.g. all circular buildings, so there were templa which were not fana. Of this sort were the places where public affairs were transacted, such as the rostra in the Forum, the places where the comitia met or the Senate assembled, and even the city of Rome itself. The sanctuaries of the gods were designed as templa if they were intended to serve for meetings of the Senate, and if the form of worship prescribed for such sanctuaries were appropriate to the definition of a templum.
The name at Rome for the officer to whom the consular power was entrusted for a specified district outside the city. The regular method of appointing the proconsul was to prolong the official power of the retiring consul (prorogatio imperii) on the conclusion of his year of office. In exceptional cases, however, others were appointed proconsuls, generally those who bad already held the office of consul. This was especially done to increase the number of generals in command. The proconsuls were appointed for a definite or indefinite period; as a rule for a year, reckoned from the day on which they entered their province. This period might be prolonged by a new prorogation. In any case the proconsul continued in office till the appearance of his successor. With the growth of the provinces, the consuls as well as the praetors were employed to administer them, as proconsuls, on the expiry of their office. After Sulla this became the rule; indeed, the Senate decided which provinces were to be consular and which praetorian. The regulation, in 53 B.C., that past consuls should not govern a province till five years after their consulship broke down the immediate connexion between the consulship and succession to a province, and the proconsuls thereby became in a more distinctive sense governors of provinces. After Augustus the title was given to governors of senatorial provinces, whether they had held the consulship before or not. As soon as the proconsul had been invested with his official power (imperium), he had to leave Rome forthwith, for there his imperium became extinct. Like the consuls, he had twelve lictors with bundles of rods and axes, whom he was bound to dismiss on re-entering Rome. In the province he combined military and judicial power over the subject peoples and the Roman citizens alike-only that in the case of the latter, on a capital charge, he had to allow them an appeal to Rome. To administer justice, he travelled in the winter from town to town. In the case of war he might order out the Roman citizens as well as the provincials. His power was absolutely unlimited, so that he might be guilty of the greatest oppression and extortion, and was only liable to prosecution for these offences on the expiry of his office. He might advance a claim for a triumph, or an ovatio (q.v.), for military services. When the senatorial provinces came generally to have no army, under the Empire, the duties of the proconsuls became limited to administration, political and judicial.
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