Roman Law and the Legal World of the Romans

glossary

could be added to or taken from the peculium at the discretion of the legal owner, but while it was there third parties could sue him to enforce agreements made by the slave/child. Peregrine. A free person who was not a Roman citizen. Pledge. A contract designed to give security for some debt or other obligation. The creditor received possession (but not own ership or even use) of the pledged property. Pontiff. A type of Roman “priest,” whose major responsibilities involved the interpretation of divine law as it related to prop erty and the performance of religious ceremonies. Praetor. The second-highest of the Roman magistrates ( see above). They came to control much of the workings of the legal system. The “city” or “urban praetor” (chosen among those elected by lot) was particularly important in this respect as he was respon sible for the Edict. Quaestio . “Inquiry.” The various procedures for prosecution of criminal offenses under the Republic, especially the standing jury courts of the end of that period. Real. “Connected to a thing.” Thus, a “real” contract is opera tive only once something has changed hands, and a “real” right (over some property) is valid anywhere, not just against a particular person. For instance, if you own a car (a real right), you can sue anyone for its return; if you rent it (not a real right), you can take direct action only against the rental agency whose responsibility it is to provide you with the vehicle. Res (nec) mancipi . Roman property fell into two categories depending on whether it needed certain formal rituals to

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