Privatus
Encyclopedia
In Roman law
, the Latin
adjective
privatus makes a legal distinction between that which is "private" and that which is publicus, "public" in the sense of pertaining to the Roman people (populus Romanus)
.
Used as a substantive, the term privatus refers to a citizen
who is not a public official
or a member of the military
. Increasingly throughout the Middle and Late Republic
, the privatus was nevertheless sometimes granted imperium
during a crisis; the definition of crisis was elastic, and the amassing of power by unelected individuals (privati) contributed to the breakdown of the checks and balances of the republican system.
The iudex privatus was a sole arbitrator or lay judge who conducted a civil case to which the parties
had consented and who usually nominated him. In the event that the parties could not agree on a judge, he was chosen from an official list of potential judges drawn up by the praetor
. He was also called a iudex unus.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, the Latin
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...
adjective
Adjective
In grammar, an adjective is a 'describing' word; the main syntactic role of which is to qualify a noun or noun phrase, giving more information about the object signified....
privatus makes a legal distinction between that which is "private" and that which is publicus, "public" in the sense of pertaining to the Roman people (populus Romanus)
SPQR
SPQR is an initialism from a Latin phrase, Senatus Populusque Romanus , referring to the government of the ancient Roman Republic, and used as an official emblem of the modern day comune of Rome...
.
Used as a substantive, the term privatus refers to a citizen
Roman citizenship
Citizenship in ancient Rome was a privileged political and legal status afforded to certain free-born individuals with respect to laws, property, and governance....
who is not a public official
Roman Magistrates
The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army...
or a member of the military
Roman army
The Roman army is the generic term for the terrestrial armed forces deployed by the kingdom of Rome , the Roman Republic , the Roman Empire and its successor, the Byzantine empire...
. Increasingly throughout the Middle and Late Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
, the privatus was nevertheless sometimes granted imperium
Imperium
Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
during a crisis; the definition of crisis was elastic, and the amassing of power by unelected individuals (privati) contributed to the breakdown of the checks and balances of the republican system.
Legal terms
- Res privatae, private propertyPrivate propertyPrivate property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...
, or "things belonging to individuals," in contrast to res publicaeRes publicaRes publica is a Latin phrase, loosely meaning "public affair". It is the root of the word republic, and the word commonwealth has traditionally been used as a synonym for it; however translations vary widely according to the context...
. - Res privata Caesaris, the property of the emperorRoman EmperorThe Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
that was purely private. - Ager privatus, privately owned land as distinguished from ager publicusAger publicusThe ager publicus is the Latin name for the public land of Ancient Rome. It was usually acquired by expropriation from Rome's enemies.In the earliest periods of Roman expansion in central Italy, the ager publicus was used for Roman and Latin colonies...
. - Actiones privatae, actions protecting an individual's private interests; similar to iudicia privata, referring to civil trials presided over by the iudex privatus (below).
- Iter privatum, a private road.
- Carcer privatus, a private prison. This form of incarceration was used for slaves, and in early time for debtors who failed to pay their creditors (see nexumNexumNexum was a debt bondage contract in the early Roman Republic. The debtor pledged his person as collateral should he default on his loan. Nexum was abolished by the Lex Poetelia Papiria in 326 BC.- The contract :...
). The emperors ZenoZeno (emperor)Zeno , originally named Tarasis, was Byzantine Emperor from 474 to 475 and again from 476 to 491. Domestic revolts and religious dissension plagued his reign, which nevertheless succeeded to some extent in foreign issues...
and Justinian prohibited private prisons.
Iudex privatus
- See also: Roman litigation.
The iudex privatus was a sole arbitrator or lay judge who conducted a civil case to which the parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
had consented and who usually nominated him. In the event that the parties could not agree on a judge, he was chosen from an official list of potential judges drawn up by the praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
. He was also called a iudex unus.