Delator
Encyclopedia
Delator is Latin
for a denouncer, i.e. who indicates to a court another as having committed a punishable deed.
(De Officiis, ii. 14) expresses his opinion that such accusations should be undertaken only in the interests of the state or for other urgent reasons.
Under the Roman Empire
the system became openly corrupt, which reached its height during the reign of Tiberius
, although the delators continued to exercise their activity till the reign of Theodosius I
. They were drawn from all classes of society—patricians, knight
s, freedmen, slave
s, philosophers, literary men, and, above all, lawyer
s. The objects of their attacks were the wealthy, all possible rivals of the emperor, and those whose conduct implied a reproach against the imperial mode of life. Special opportunities were afforded by the law of majestas, which originally directed against attacks on the ruler by word or deed came to include all kinds of accusations with which it really had nothing to do; indeed, according to Tacitus, a charge of treason
was regularly added to all criminal charges. The chief motive for these accusations was no doubt the desire of amassing wealth, since by the law of majestas
one-fourth of the goods of the accused, even if he committed suicide
in order to avoid confiscation (which was always carried out in the case of those condemned to capital punishment), was assured to the accuser (who was hence called quadruplator).
Pliny the Elder
and Martial
mention instances of enormous fortunes amassed by professional delators. But it was not without its dangers. If the delator lost his case or refused to carry it through, he was liable to the same penalties as the accused; he was exposed to the risk of vengeance at the hands of the proscribed in the event of their return, or of their relatives; while emperors like Tiberius would have no scruples about banishing or putting out of the way those whom he had no further use for and who might have proved dangerous to himself.
Titus
drove into exile or reduced to slavery those who had served Nero
, after they had first been flogged in the amphitheatre
. The abuses reappeared under Domitian
; the delators, with whom Vespasian
had not interfered, although he had abolished trials for majestas, were again banished by Trajan
, and threatened with capital punishment in an edict of Constantine; but delating lasted till the end of the 4th century.
(c. 306) to stigmatize those Christians who appeared as accusers of their brethren. This synod decided that if any Christian was proscribed or put to death through the denunciation (delatio) of another Christian, such a delator was to suffer perpetual excommunication
, an extreme ecclesiastical punishment.
No distinction is made between true and false accusation, but the synod probably meant only the accusation of Christianity before the heathen judge, or at most a false accusation. Any false accusation against a bishop, priest or deacon was visited with a similar punishment by the same synod. The punishment for false witness in general was proportioned by can. lxxiv to the gravity of the accusation.
The Council of Arles of 314 issued a similar decree, when it decided that Christians who accused falsely their brethren were to be forever excluded from communion with the faithful.
During the persecutions of the early Christians it sometimes happened that apostates denounced their fellow-Christians. The younger Pliny relates in a letter to Trajan
, that an anonymous bill of indictment was presented to him on which were many names of Christians; we do not know if the author of this libellus was a Christian. According to can. xiii of the Council of Arles, during the persecution of Diocletian
Christians were denounced by their own brethren to the heathen judges. If it appeared from the public acts that an ecclesiastic had done this, he was punished by the synod with perpetual deposition; however, his ordination
s were still considered valid.
In general, false accusation is visited with severe punishments in later synods, e.g. Second Council of Arles, the Council of Agde
and others. These decrees appear in the later medieval collections of canons.
New punitive decrees against calumny were issued by Gregory IX in his Decretals.
Letters 31-60 (Washington D.C.: Catholic University of America, 1990), 49 ("being an informer and delator of my brother's crimes")
Delator is in use as the affix or kennel name of an English breeder of Belgian Shepherd Dogs but is constituted from Del and Tor, Northern English words meaning dale and hill. www.delator.co.uk
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for a denouncer, i.e. who indicates to a court another as having committed a punishable deed.
Secular Roman law
In Roman history, properly one who gave notice (deferre) to the treasury officials of monies that had become due to the imperial fisc. This special meaning was extended to those who lodged information as to punishable offences, and further, to those who brought a public accusation (whether true or not) against any person (especially with the object of getting money). Although the word delator itself, for "common informer," is confined to imperial times, the right of public accusation had long existed. When exercised from patriotic and disinterested motives, its effects were beneficial; but the moment the principle of reward was introduced, this was no longer the case. Sometimes the accuser was rewarded with the rights of citizenship, a place in the senate, or a share of the property of the accused. At the end of the republican period, CiceroCicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...
(De Officiis, ii. 14) expresses his opinion that such accusations should be undertaken only in the interests of the state or for other urgent reasons.
Under the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
the system became openly corrupt, which reached its height during the reign of Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...
, although the delators continued to exercise their activity till the reign of Theodosius I
Theodosius I
Theodosius I , also known as Theodosius the Great, was Roman Emperor from 379 to 395. Theodosius was the last emperor to rule over both the eastern and the western halves of the Roman Empire. During his reign, the Goths secured control of Illyricum after the Gothic War, establishing their homeland...
. They were drawn from all classes of society—patricians, knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
s, freedmen, slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
s, philosophers, literary men, and, above all, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s. The objects of their attacks were the wealthy, all possible rivals of the emperor, and those whose conduct implied a reproach against the imperial mode of life. Special opportunities were afforded by the law of majestas, which originally directed against attacks on the ruler by word or deed came to include all kinds of accusations with which it really had nothing to do; indeed, according to Tacitus, a charge of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
was regularly added to all criminal charges. The chief motive for these accusations was no doubt the desire of amassing wealth, since by the law of majestas
Law of majestas
The Law of Majestas, or lex maiestas, refers to any one of several ancient Roman laws throughout the republican and Imperial periods dealing with crimes against the Roman people, state, or Emperor....
one-fourth of the goods of the accused, even if he committed suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
in order to avoid confiscation (which was always carried out in the case of those condemned to capital punishment), was assured to the accuser (who was hence called quadruplator).
Pliny the Elder
Pliny the Elder
Gaius Plinius Secundus , better known as Pliny the Elder, was a Roman author, naturalist, and natural philosopher, as well as naval and army commander of the early Roman Empire, and personal friend of the emperor Vespasian...
and Martial
Martial
Marcus Valerius Martialis , was a Latin poet from Hispania best known for his twelve books of Epigrams, published in Rome between AD 86 and 103, during the reigns of the emperors Domitian, Nerva and Trajan...
mention instances of enormous fortunes amassed by professional delators. But it was not without its dangers. If the delator lost his case or refused to carry it through, he was liable to the same penalties as the accused; he was exposed to the risk of vengeance at the hands of the proscribed in the event of their return, or of their relatives; while emperors like Tiberius would have no scruples about banishing or putting out of the way those whom he had no further use for and who might have proved dangerous to himself.
Titus
Titus
Titus , was Roman Emperor from 79 to 81. A member of the Flavian dynasty, Titus succeeded his father Vespasian upon his death, thus becoming the first Roman Emperor to come to the throne after his own father....
drove into exile or reduced to slavery those who had served Nero
Nero
Nero , was Roman Emperor from 54 to 68, and the last in the Julio-Claudian dynasty. Nero was adopted by his great-uncle Claudius to become his heir and successor, and succeeded to the throne in 54 following Claudius' death....
, after they had first been flogged in the amphitheatre
Amphitheatre
An amphitheatre is an open-air venue used for entertainment and performances.There are two similar, but distinct, types of structure for which the word "amphitheatre" is used: Ancient Roman amphitheatres were large central performance spaces surrounded by ascending seating, and were commonly used...
. The abuses reappeared under Domitian
Domitian
Domitian was Roman Emperor from 81 to 96. Domitian was the third and last emperor of the Flavian dynasty.Domitian's youth and early career were largely spent in the shadow of his brother Titus, who gained military renown during the First Jewish-Roman War...
; the delators, with whom Vespasian
Vespasian
Vespasian , was Roman Emperor from 69 AD to 79 AD. Vespasian was the founder of the Flavian dynasty, which ruled the Empire for a quarter century. Vespasian was descended from a family of equestrians, who rose into the senatorial rank under the Emperors of the Julio-Claudian dynasty...
had not interfered, although he had abolished trials for majestas, were again banished by Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...
, and threatened with capital punishment in an edict of Constantine; but delating lasted till the end of the 4th century.
Canon law
The term delatores was used by the Hispanian Synod of ElviraSynod of Elvira
The Synod of Elvira was an ecclesiastical synod held in Elvira, now Granada, in what was then the Roman province of Hispania Baetica, which ranks among the more important provincial synods, for the breadth of its canons. Its date cannot be determined with exactness, but is believed to be in the...
(c. 306) to stigmatize those Christians who appeared as accusers of their brethren. This synod decided that if any Christian was proscribed or put to death through the denunciation (delatio) of another Christian, such a delator was to suffer perpetual excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
, an extreme ecclesiastical punishment.
No distinction is made between true and false accusation, but the synod probably meant only the accusation of Christianity before the heathen judge, or at most a false accusation. Any false accusation against a bishop, priest or deacon was visited with a similar punishment by the same synod. The punishment for false witness in general was proportioned by can. lxxiv to the gravity of the accusation.
The Council of Arles of 314 issued a similar decree, when it decided that Christians who accused falsely their brethren were to be forever excluded from communion with the faithful.
During the persecutions of the early Christians it sometimes happened that apostates denounced their fellow-Christians. The younger Pliny relates in a letter to Trajan
Trajan
Trajan , was Roman Emperor from 98 to 117 AD. Born into a non-patrician family in the province of Hispania Baetica, in Spain Trajan rose to prominence during the reign of emperor Domitian. Serving as a legatus legionis in Hispania Tarraconensis, in Spain, in 89 Trajan supported the emperor against...
, that an anonymous bill of indictment was presented to him on which were many names of Christians; we do not know if the author of this libellus was a Christian. According to can. xiii of the Council of Arles, during the persecution of Diocletian
Diocletian
Diocletian |latinized]] upon his accession to Diocletian . c. 22 December 244 – 3 December 311), was a Roman Emperor from 284 to 305....
Christians were denounced by their own brethren to the heathen judges. If it appeared from the public acts that an ecclesiastic had done this, he was punished by the synod with perpetual deposition; however, his ordination
Ordination
In general religious use, ordination is the process by which individuals are consecrated, that is, set apart as clergy to perform various religious rites and ceremonies. The process and ceremonies of ordination itself varies by religion and denomination. One who is in preparation for, or who is...
s were still considered valid.
In general, false accusation is visited with severe punishments in later synods, e.g. Second Council of Arles, the Council of Agde
Council of Agde
In the history of Roman Catholicism in France, the Council of Agde was held 10 September 506 at Agatha or Agde in Languedoc, under the presidency of Caesarius of Arles. It was attended by thirty-five bishops, and its forty-seven genuine canons deal "with ecclesiastical discipline"...
and others. These decrees appear in the later medieval collections of canons.
New punitive decrees against calumny were issued by Gregory IX in his Decretals.
Uses as an English Word
See Owen J. Blum, OFM Peter DamianPeter Damian
Saint Peter Damian, O.S.B. was a reforming monk in the circle of Pope Gregory VII and a cardinal. In 1823, he was declared a Doctor of the Church...
Letters 31-60 (Washington D.C.: Catholic University of America, 1990), 49 ("being an informer and delator of my brother's crimes")
Delator is in use as the affix or kennel name of an English breeder of Belgian Shepherd Dogs but is constituted from Del and Tor, Northern English words meaning dale and hill. www.delator.co.uk
Sources and references
- See MayorJohn Eyton Bickersteth MayorJohn Eyton Bickersteth Mayor was an English classical scholar.He was born at Baddegama, Sri Lanka , and returned to England to be educated at Shrewsbury School and St John's College, Cambridge....
's note on Juvenal, Satire IV . 48 for ancient authorities; C MerivaleCharles MerivaleThe Very Reverend Charles Merivale was an English historian and churchman, for many years dean of Ely Cathedral...
, Hist. of the Romans under the Empire, chap. 44; W Rein, Criminalrecht der Römer (1842); T MommsenTheodor MommsenChristian Matthias Theodor Mommsen was a German classical scholar, historian, jurist, journalist, politician, archaeologist, and writer generally regarded as the greatest classicist of the 19th century. His work regarding Roman history is still of fundamental importance for contemporary research...
, Romisches Strafrecht (1899); Kleinfeller in Pauly-Wissowa?s Realencyclopädie.