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A huge step towards unification came in the form of Constitutio An- toniniana. Still, the specificity of local communities was maintained. Philogelos enables a look at some aspects of the functioning of the state. There are numerous references to the Roman administration D. In many parts of our law the condition of women is worse than that of men. In one of the jokes Philogelos , a sort of a dream career path was presented. A gluttonous magistrate gives the order for his court to hold its sessions next to a bakery.

In both cases, it can be assumed that the official mentioned in the joke was the governor of a province: respectively a Senate one or an imperial one. The official was entitled to use a curule chair, which was placed on the platform. In this case, it was a gratifying view of the bakery, and — no less important — a tempting smell. The exercise of power was often associated with the need to travel. A student dunce is working as an assessor with an official who is blind in his right eye.

Having set out on a survey one day, the official admires the grapevines he sees on his left side. The term hJgemwvn used in the joke can have two meanings: it means ei- ther an emperor, or a provincial governor. It seems, however, that the first option should rather be rejected due to the fact that there was no emperor blind in one eye. In addition, such a joke against the current ruler could be treated as crimen maiestatis, and in case of any of the previous ones the Cf.

It can therefore be assumed that the joke concerns a governor. It should be mentioned that jokes about people blind in one eye lusci were rather ill-considered and perceived as vulgar. Kyme was a city located on the east coast of the Aegean Sea in Asia Minor, founded as a colony of Locris. In Roman times, it belonged to the province of Asia.

Strabo stated that the Kymaeans did not realize they lived in a seaside place for a long time, and only after three hundred years they began charging customs fees at the port. This explains why their political organization was considered to be defective. They noticed that quite a few from neighboring cities are absent, with the roughness of the road as their excuse.

It can thus be assumed that this was a provincial assembly. Initially, the task of such gatherings was to organize the cult of the emperor, but they also dealt with the problems of the local community, referring even to the activities of the provincial Cf.

SHA, Heliog. The source of humour here is not only the fact that participation in the vote was in the interest of the Kymaeans, who, thanks to that, could deter- mine the fate of their community. From the legal point of view, the reason for the absence of people from other cities who felt explained by the state of the roads is also important.

It seems that the obstruction of the route should be considered force majeure if it actually prevented travelling. In Kyme, it was local officials who exercised power. A Kymean magistrate once made proclamations like these: 1. Let the officials, immediately after the sacrifice, offer up their own hides to the priest.

Councillors, come to the council-chamber and refrain from holding council. Let the butchers throw their own bones over the city wall. And let the cobblers not stick to their lasts. The protagonist of the joke is a local magistrate who issued an absurd or- dinance. If it happened in Roman times, which is very likely, they would technically have taken the form of an edict, for the ius edicendi was entitled Cf.

Abbott, A. However, in Roman times, this form of government was maintained because it did not contradict the principles of organization of local authorities by the Romans. The term a[rcwn archon denoted an official who was the head of a local community. In addi- tion to the archon, ephores were also elected, who seemed to be lower-level officials responsible for sacrifices.

The city council consisted of the bouleutai, an equivalent of decuriones. Provincial cities had many duties. Collecting taxes was obviously the basic one, as well as recruiting the army. However, city authorities also had to ensure that high-level guests were adequately accommodated. The people of Kyme, expecting the arrival from abroad of a pop- ular and revered guest, wish to honor him with fresh water in the public bath.

So they fill it with hot water and put a grate across it mid-way. It is not known whether the person mentioned in the text visited Kyme officially or privately. The text suggests that it could also be a citizen who left, perhaps, to run some office in Rome. In any case, he had to be hosted. The joke allows us to conclude that a significant guest could expect all the comfort. Obviously, they must have had access to the baths. It seems very probable that, for representative reasons, local officials could decide to change water in public facilities to make a good impression.

One more rather difficult text is also worth considering. On the local administration in Kyme cf. Garnsey, R. Saller, The Roman Empire. Thierfelder did not find any humour in this joke but Baldwin decided that the rider feared to fall off the back of the animal which was too weak to hold him.

However, we can try to interpret this joke differently. First of all, the context that evokes associations with the examined situation should be presented. Sabinus Masurius too in the seventh book of his Memoirs relates a third instance of severity. Rolfe A. The knight was not only removed from the centuria but also transferred to the aerarii.

Such a severe sanction, however, was not caused only by the neglect of the horse, but also by a disrespectful remark directed at the censors. The whole situation probably occurred during the review of the knight centuries recognitio equitum. Neglecting a horse received from the state and looked after with the state money was treated as a serious offence and called inpolitia.

However, we also need to explain this rather enigmatic answer. One of the favourite though not always praiseworthy ancient techniques of creating jokes was ridiculing surnames. The review of fasti censorii allows one hypothesis to be put forward. For in 55 BC, M. Valerius Messalla Niger was elected to be a censor. His cognomen Cf. Suolahti, The Roman Censors.

A Study on Social Structure, Helsinki , pp. Tarwacka, Prawne aspekty Servilius Vatia Isauricus. Broughton, op. Suolahti, The Roman Censors Reigadas Lavandero, op. In Roman literature, there appears a fixed phrase Orcus niger. Et ego nigrum. It can be assumed that the finale of such an exchange would be similar to that described by Gellius — a censorial note for the jester. The censorship of 55 BC was unusual because officials failed to com- plete all tasks and submit the lustratio sacrifice.

That is why we do not know whether they reviewed the centuries of the knights. The sources ap- pear to say they created the lists of senators but failed to deliver a census of all citizens. It is very likely that the recognitio was performed just after the lectio senatus, before they got stuck in census procedures for good.

The Philogelos compiler put this joke in the collection even though the Greek text does not seem too funny. Perhaps, however, the Latin version was actually amusing but only for those who knew the context. The infrastructure of the Empire included the famous Roman roads creating the first ever world wide web. All these roads were thoroughly administered and provided with proper indications.

The milestones mil- iaria were very important for travellers, allowing to determine the dis- tance to the destination or intermediate points. To bring it closer, he knocks down seven milestones. The scholastikos complained that his land estate was located too far from the city. The destruction of the milestones gave him a seeming solution to the problem.

Of course, a question arises whether the protagonist was liable for the Hor. More on that topic Cf. Since the archaic times destruction of bound- ary stones used to be a serious crime. Numa Pompilius ordered that the one who violated the stone was considered sacer. The scholastikos did not, however, destroy the boundary stones, but milestones.

It can be assumed that such an action could be sanctioned because miliaria were public things. In addition, during the imperial period, they often documented the achievements of the ruler, which could have been an additional factor to sharpen the qualifica- tion of the act.

This is just a hypothesis, but it should be expected that the magistrates responsible for cura viarum dealt with such matters. Preserved milestones are a treasure trove of inscriptions indicating which magistrate or emperor was overseeing the construction of the road. These are texts of a public nature, aimed not only at signalling the distance, but also honouring the benefactor.

Dinamica politico-costituzionale di una sanzione giuridico-religiosa, Napoli , pp. A salesman from Sidon undertakes a journey on foot with a com- panion. When he needs to relieve himself, he is left a bit behind and remains some distance back. This may be a clue about another use of milestones: they could be treated as a kind of advertising columns. The of- ficial inscriptions were durable, well-carved in stone. The travellers however would rather write in chalk or in other makeshift way.

Today there is no trace of such graffiti, but Philogelos stands proof of the practice of using miliaria in this way. The army The Roman army was admired for its efficiency, effectiveness and ability to overcome huge distances in a short time using and sometimes also building along the famous roads. Even the best legionaries Cf. Philogelos 84 is very similar. Here, the commander decided to accumulate breaks in one day in order to march the next day without any stop. The army was a great power, comparing to which an individual meant absolutely nothing.

Two cowardly student dunces are being pursued by the enemy. One of them hides in a well, the other in a marsh. The soldiers let a helmet down into the well in order to draw water. The first dunce, thinking that a soldier has come down the well, gives him- self away by surrendering.

Perhaps they served in the army. In such a situation, we would suppose that they had been running away after losing a battle, trying to avoid being captured or even killed. It is also possible, however, that they had left their unit and were deserters.

Still, the basic problem is that the scholastikoi and the soldiers talk to each other, so there is no language barrier between them. Such a situation evokes associations with a civil war, and specifically with the period of the Republic and the Principate when proscriptions were taking place. It can be assumed with much caution that the fugitives were proscribed citizens who hid themselves for fear of their lives.

There are sources which appear to That is why marching of the amry was treated as a force majeure event. Plotius of a senatorial line a brother of L. Plancius, two-time consul and censor , who was found and killed during a proscription proclaimed by the triumvirs, because he was betrayed by the smell of exotic oils. The civilian population was terrified by the prospect of being attacked by the enemies and living in a besieged city.

That is why local communities were preparing for such a course of action. When the Kymaeans were walling up their city, one of the citizens, Lollianus by name, used his own money to build sections connect- ing three of the towers. This so offended the Kymaeans that they all agreed that no one but Lollianus himself should defend that part of the wall. In this case, one of the residents of the city acted as an euergetes, or a benefactor, donating a piece of the walls the curtains mentioned in the text are sections of the walls connecting two towers , causing envy to their fellow citizens.

One can wonder about the reason for this state of affairs. The Cf. Plotium, L. Planci bis consulis censorisque fratrem, proscriptum a triumviris in Salurnitana latebra unguenta odore proditum constat, quo dedecore tota absoluta proscriptio est; quis enim non merito iudicet perisse tales? It is a well-known fact that Lucius Plotius, the brother of Lucius Plancus who was twice consul and censor, when proscribed by the Triumvirs was given away in his hiding-place at Salerno by the scent of the unguent he had been using—a disgrace that acquitted the entire proscription of guilt, for who would not consider that people of that sort deserved to die?

O the topic of exotic oils and parfume see D. Kostuch, K. Ryszewska, Kielce , pp. Saller, op. Who knows, perhaps as a Roman, he might have experienced the hostility of the local community, even though — as indicated in the text of the joke — he was also a citizen of Kyme.

In yet another joke, a different enemy army attacked the city unexpect- edly; this time it was Abdera. The situation was more serious there, however, because the defence was apparently defective: the enemy was already passing through the gates. The fear of parents about war-fighting sons seems to be very characteristic and timeless, and it also becomes the subject of one of the jokes.

The ancient canon also included sports training. He promises to come back with the head of one of the enemy. The Games The Games and spectacles were a very important element of public life; they were often organized by magistrates, sometimes by private parties, but always subjected to the state control. In Philogelos, we can find references to sports competitions, fights with wild animals in the arena, as well as theatrical performances.

One joke is about the ludi saeculares which took place on the th anniversary of founding Rome in AD. These texts allow us to look at some aspects of the organization of spectacles. A man become jealous when he sees his neighbor battling wild beasts in the theatre. This joke is considered incomprehensible.

The envious protagonist then shouts to the governor of the ludi to release a bear, considered a very In jokes about boxing, the source of humour lies in the dissonance between the profession and disposition. Philogelos 62; cf. Venator, pp. Morgan concluded the joke is still not funny but at least it makes sense. It seems that the giving back the vis comica to the text is possible with one assumption.

Beasts were fought by slaves and auctorati. They were rather barracked in a gladiatorial school. Perhaps, there- fore, the envious protagonist of the joke also dealt with venatio. The jealous one then shouted to the governor to let the bear out. Perhaps the venatores had been hunting animals like antelopes, deer, gazelles and ostriches from the distance so the bear would definitely in- crease the risk for hunters.

The envious man did not just predict that he would have to face the beast himself, thus producing a threat to his own life. In Philogelos, there appear two actors: a comic one and a tragic one, and in both cases they cite fragments of theatrical plays. The exhibitor, in turn, employed actors on the basis of a lease contract signed with themselves if they were free , or with their owners if they were slaves, unless they were simply his property. The other joke may indicate that actors were often an object of female Cf.

Differently A. The manager wonders why he would want to eat lunch first. Roman citizenship Many rights were linked with having Roman citizenship, both in private and public law. These powers underwent signif- icant modifications conditioned by systemic changes during the imperial period.

Ius provocationis gradually became a privilege giving a Roman citi- zen personal inviolability in the event of confrontation with the competenc- es of officials and other persons in power. Anyone who is invested with authority or power, and subjects a Roman citizen to death or scourging, or orders this to be done, or attaches anything to his neck for the purpose of torturing him, without permitting him to appeal, is liable under the Julian Law relating to Public Violence.

This also applies to deputies and ora- tors, and their attendants, where anyone is proved to have beaten them, or caused them any injury. Scott According to Ulpian, the sanction resulting from the lex Iulia de vi publica, i. For I am torn between two evils! These regulations are the background for one of Philogelos jokes. A Sidonian centurion sees a teamster driving an ox-cart through the middle of the marketplace. The source of humour here is the ius provocationis. Regarding the flogging, its application to citizens was excluded under the lex Porcia de tergo civium of BC.

In the Cf. On provocatio see J. Santalucia, Pavia , pp. Santalucia, Processo penale, [in:] Studi di diritto penale romano, Roma , pp. Giardina, Roma , pp. Repressione criminale e garanzie costituzionali nella Roma repubblicana, Napoli along with review P. Santalucia, Processo penale In the late Republic, a cry civis Romanus sum! This is clearly evident in case of Saint Paul: the apostle also announced to a centurion who wanted to whip him that he was a citizen, thus avoiding punishment.

In this light, the behavior of the future emperor Galba, who, when someone to be crucified informed him of their Roman citizenship and asked for a lighter punishment, ordered to raise the cross and paint it white, seems scandalous Suet.

IX ; A. The traffic began to be restricted in Rome in the final period of the Republic. After January 1 next no one shall drive a wagon along the streets of Rome or along those streets in the suburbs where there is con- tinuous housing after sunrise or before the tenth hour of the day. Crawford The relevant provisions were contained in the lex Iulia municipalis preserved in epigraphic form and known as Tabula Heracleensis. Carts, therefore, could only move around the streets at night. They were certainly valid in Sidon, which became a Roman colony during the rule of Elagabalus.

Besides, even in the Code of Justinian, a constitution of Gratian, Valentinian and Theodosius of AD was cited, under which military and civil notables could move along in carts through Constantinople, which a contrario suggests that other residents were not entitled to that privilege. This shows the continuity of legal regulations in this area. However, the presence of the joke discussed in Philogelos is quite sur- prising if we agree the set dates back to 4th-5th century AD.

First of all, Cf. Robinson, Ancient Rome. On Tabula Heracleensis cf. Nicolet, M. Crawford, I, London , pp. Komentarz, Olsztyn , p. Very telling image presented by Juvenal in his Satires. Persons who have been invested either with civil or military honors shall always be entitled to make use of vehicles suitable to their rank, that is to say, carriages, in this Imperial City.

Therefore, it is difficult to assume that the civis Romanus sum decla- ration still had its logical grounds. Apart from that, civil rights underwent far-reaching modifications due to the deepening division of society into honestiores and humiliores. Perhaps, however, the stories of Saint Paul known from the Acts of the Apostles, with the saint using his Roman citizenship to avoid flogging, influenced the understanding of the comical air of the situation described. Flogging the oxen by a centurion was the result of his frustration.

It can only be added that the owner of the animals could have a grievance about that. If something had happened to oxen, there would have been a basis for using the actio ex lege Aquilia. Garnsey, Why Penalties Become Harsher. Aubert, B. Sirks, Ann Arbor , p. Macer 2 de publ. The rule is observed with reference to slaves, that they shall be punished as persons of the lowest rank, and in cases where a freeman is whipped, a slave should be scourged, and ordered to be restored to his master Desanti, La legge Aquilia.

Private law 2. Marriage The definitions of marriage given by Roman jurists sound very noble. Modestinus wrote that it is a union of a woman and a man, a community of the whole life, a combination of divine and human law, describing mar- riage as a consortium omnis vitae. For the Romans, the family had not only social or economic significance but also political one. During the Republican period, the burden of representing the state in this regard was undertaken by censors, who clearly urged to conclude marriages and D.

Marriage is the union of a man and a wom- an, forming an association during their entire lives, and involving the common enjoyment of divine and human privileges. Castello, La definizione di matrimonio secondo Modestino, [in:] Atti del colloquio romanistico-canonistico febbraio , Roma , pp. Literatura, Prawo, epigrafika, sztuka.

Berger, Note on Gellius, N. Holford-Strevens, Aulus Gellius. An Antonine Scholar and his Achievement, Oxford , p. This motif also reoccurs in Philogelos. A wife-hater is attending to the burial of his wife, who has just died. Razzini, Il diritto romano nelle satire di Giovenale, Torino , pp. From the legal point of view, yet another jest is more interesting. The situation is as follows: the husband sells his wife without paying the tax, so the woman can be taken away from him.

At first glance, it is amusing that the wife is objectified and reduced to the role of commodity. First of all, it should be emphasized that since the archaic period, putting a wife on sale was prohibited. The authority of a pater familias included the possibility of mancipating i. In this joke, the question of selling a wife is to have a purely humoristic effect and to entertain with its absurdity. However, the issue of payment and confiscation require considera- tion.

See also Philogelos , where dark red? Since the object of the transaction here is a wife, it is rather the association with the sale of a slave. Perhaps it was dealt with by co- actores argentarii. This information indicates that someone had the right to confiscate things in the event of paying no tax. It can be assumed that such competences were vested in officials supervising marketplac- es, and therefore most often the aediles or sometimes ajgoranovmoi , both in Rome herself, as well as in municipalities and provincial cities.

However, in some cases, publicans could also take away some goods from non-payers. So too the law of the Censors gave the power of distress to the farmers of the public revenue of the Roman people publicani against those in default for taxes vectigalia due under any statute. Poste Recently on that subject E.

Robinson, Ancient Rome See also M. We should also mention the regulations found in the lex portus Asiae preserved in epigraphic form in the Monumentum Ephesinum discovered in In the absence of a declaration or other fraud, publicans collect- ing portoria were able to take possession of subjected items.

This interpretation is reinforced by a fragment of the papyrus of the 2nd- 3rd century AD found in Oxyrhynchus concerning customs regulations at the port, and therefore containing regulations from Roman times. I 36, col. II, l. Grenfell, A. Hunt A customs officer had the right to demand that a carrier unload a ship and if he found any goods that had not been declared, he could confiscate them.

What is important is that the same term to describe confiscation was used in the joke: sterhvsimon. In case of a wife, however, the commissum might come somewhat prob- lematic According to Marcianus, confiscation-bound slaves should not be Cf. Albanese, Una imprecisione di Gai 4,28?

Studi storico giuridici per Gerardo Broggini, Milano , pp. AE , See also Pseudo-Quintil. One of the jokes is closely related to the above-mentioned issue of misogyny. Plutarch quoted it twice: in reference to Sparta and Byzantion The other joke must have been repeated just as often. A friend of his runs into a student dunce and congratulates him on the birth of his son. In this case, the source of humour is the reply to congratulations, unad- justed to the situation, suggesting the extramarital origin of the child.

Divi enim Severus et Antoninus rescripserunt, cum is servus, qui actum domini gessisse diceretur, in commissum cecidisset, venire non debuisse, sed pro eo viri boni arbitratu aestimationem oportuisse dari. Sometimes a slave, who has been confiscated, should not be sold, but his appraised value should be paid by his owner, instead. For the Divine Severus and Antoninus stated in a Rescript that where a slave, who was said to have transacted the business of his master, is confiscated, he should not be sold; but his appraised value should be paid in accordance with the judgment of a good citizen.

The Greek term oijkodevspoina seems to be the equivalent of the Latin mater familias, which at that time meant a woman of good virtue. Philogelos 72; A. Webb, Demons and Dancers. Performance in Late Antiquity, London , p. Hence, it makes no difference whether she is married or a widow, freeborn or emancipated, as neither marriage nor birth, but good morals constitute the mother of a family.

Sanfilippo, III, Milano , p. It is worth noting that not only female but also male slaves fell victim to sexual abuse. Naturally, the question is whether this situation should be qualified as adulterium. Sed ex rescripto divi Marci etiam adversus proprium servum accusationem instituere dominus potest.

Post hoc igitur rescriptum accusandi necessitas incumbet domino servum suum There is no doubt that slaves can also be accused of adultery. Those, however, who are forbidden to accuse freemen of adultery are themselves forbidden to accuse slaves. A master, however, can, under a Rescript of the Divine Marcus, bring an accusation against his own slave for this offence. Therefore, since the promul- gation of this rescript, the master is obliged to accuse his slave.

Ricerche dedicate al professor Filippo Gallo, Napoli , pp. Matrimonio e ripudio in Roma antica, Milano , p. Fayer, La familia romana. Aspetti giuridici ed antiquari. Parte seconda, Roma , p. Sanna, Matrimonio e altre situazioni matrimoniali nel diritto romano classico. Benincasa, J. Urbanik, Warszawa , pp. In this situa- tion, therefore, the husband should divorce his wife and then bring charges iure mariti.

The behaviour of the slave clearly indicates mental retardation so we can therefore wonder whether a slave should be considered mentally ill, i. In the legal context, his intellectual underdevelopment influencing his value was certainly important. Paradoxically, a morio could cost a lot as they were bought for entertainment purposes; cf.

See also D. W Harris, New York , p. Toohey, op. Where a slave has committed a capital crime, this also must be mentioned. To commit a capital crime is to be guilty of an offence which is punishable with death, for the ancients were accustomed to put the crime for the penalty. We understand a capital crime to be one perpetrated through fraud and malicious intent, but where anyone commits an offence by mistake or accident, the Edict does not apply. Wherefore, Pomponius says that a person who has not reached puberty, or one who is insane, cannot be held to have committed a capital crime.

Scott Now Ulpian said it was assumed that a crime punishable by death was committed with ill purpose and wickedly, that is, intentionally. If, however, someone acted mistakenly or accidentally, there was no reason for inten- tionality. Pomponius therefore concluded that neither an immature person nor a mentally ill one could commit a crime punishable by death.

Additionally, the supporting fact is that mentally ill slaves were not punished for failing to help their owners in the event of a threat to life under the senatusconsultum Silanianum. Obviously, as already has been mentioned, recognizing a slave in a joke as a furiosus is very problematic but there is no doubt that he was not able to understand the meaning of his deeds.

In this situation, it can be assumed that the responsibility for adulterium would fall only upon the woman, while the slave should be freed from it. However, it should be remembered that the owner had the right to punish him within his own powers even with death. Over time, relationships between women and slaves were penalized more and more severely. Constantinus A. There is no doubt whatever that slaves who are insane should be excepted.

Peachin, Oxford , pp. PRIVATE LAW 67 publicum arguendi, sit officio copia nuntiandi, sit etiam servo licentia deferendi, cui probato crimine libertas dabitur, quum falsae accusationi poena immineat. If any woman is discovered to have a clandestine love affair with her slave, she shall be subject to the capital sentence, and the ras- cally slave shall be delivered to the flames.

All persons shall have the right to bring an accusation of this public crime; office staffs shall have the right to report it; even a slave shall have permission to lodge information, and freedom shall be granted to him if the crime is proved, although punishment threatens him if he makes a false accusation. Pharr Under the constitution of Constantine the Great of AD, a woman who had an intercourse with her own slave was punished with death, and the slave was burnt alive.

It was a public law offence one can say, a qual- ified form of adultery , which anyone could report, even the slave himself, for which he was rewarded with freedom. Such reinforcement of sanctions was probably related to blurring the boundaries between individual layers of society and the dissemination of relationships conflicting old customs.

It can be assumed that the recipients of Philogelos were aware of harsh punishment imposed upon a woman for having a sexual intercourse with her own slave. In the joke, the slave reported the intercourse to his master, which is an additional factor modifying the facts. The constitution of Constantine stated that in such a case he could even count on being freed. However, it is not known how a mental illness would affect the credibility of his testimony.

It should also be added that because the text of the joke is spoilt, it is impos- sible to determine whether the slave revealed the situation after the events, or whether the couple was caught in flagranti. What the Romans perceived as a very serious offence was incest inces- tum , or a sexual relationship between relatives.

Evans-Grubbs, op. In the sight of the sources G. Regime giuridico da Augusto a Giustiniano, Milano , p. Scott According to Marcianus, when the conclusion of a marriage between the parties was excluded, the combination of incestum with adulterium or stuprum resulted in the guilty party being punished by deportation to an island The sanction was therefore tightened because deportatio was as- sociated with the loss of citizenship capitis deminutio media , and the act of expelling adjudicated in case of adultery was not.

The sacred aspect of this crime contra fas also played a significant role. It is worth mentioning, however, that for the Romans, the agnation bond was essential too. Even during the period of the Principate, it was likely for a wife to be in manu of her husband, thus being filiae loco in the agnatic family. Perhaps some readers or listeners of this joke were still aware of this subtlety.

Dowry was obviosuly an important institution of the marital law, which was the contribution of a woman to bearing the burdens of marriage onera matrimonii. Establishing a dowry could take place in the form of dotis da- tio, dictio or promissio. The institution of the dowry was a very important element of marriage, both from a legal and a social point of view. In classical law, the obligation Cf.

Where any man marries a female relative, either in the ascending or descending line, he commits incest according to the Law of Nations. Puliatti, op. A glutton is marrying his daughter off to another glutton. The protagonist of the joke is a father, probably a pater familias, who gives his daughter to a man.

A dowry he decided on is therefore dos profec- ticia. Its object is the house, i. It seems that this is the building where the spouses are to live. In such a case, with everyday use, the windows facing the bakery would actually be an asset due to tempting smells. Such a house was referred to as a dow- ry building, aedes dotales, and gave the wife a good financial position: aware of the need to make a return, the husband was rather cautious while considering a possible divorce.

Paternal authority One of the basic rights of Roman citizens in private law was the exercise of patria potestas, that is the power in the family over children born out of the matrimonium iustum, as well as adopted ones. Patria potestas had an unprecedented character in ancient Rome.

Gai- us emphasized that in no other community was it so broadly defined. Okres klasyczny, Warszawa ; M. Westrup, Introduction to Early Roman Law. Ferrini, III, Milano , p. Philogelos jokes are an illustration of the relationship between the children and the father. His father wants to beat a student dunce for losing a denarius a four-drachma coin. The offspring tried to appease him, proposing that he would buy the lost coin for his money.

It is possible that he was a sui iuris son, perhaps an illegitimate child, and therefore he had his own money. However, this is not the only possible interpretation. Since the introduction of peculium castrense by Augustus, sons gradually began to gain financial independence.

This process intensified over time. In this situation, it can also be assumed that the son was under the rule of the father, having some money for his own disposal at the same time. Schiller, Leiden , p. On the humorous issues concernig the inability to differentiate between fungible and non- fungible things see below, p.

Vial-Dumas, Parents, Children, and Law. This would add a bit more humour or rather situational absurdity to the joke. The dunce throws away the shield and unties the greaves. When his father finally appears before him, the dunce pretends to be reading a scroll — though still wearing the helmet. The humour of the situation is significantly increased by the fact that it was not just any helmet.

The scholastikos was playing a secutor, or a gladiator who wore a characteristic, completely closed helmet, with only a gap or small holes in the area of the eyes. The lack of visibility was the price a gladiator paid for his safety: this type of warrior was exposed to fighting a retiarius a net- man , who could break in with the trident through a larger hole.

Reading was out of the question in such a helmet! Cribiore, Gymnastics of the Mind. See also Philogelos See also B. Nosov, Gladiators. Rabsztyn, pp. Dunkle, Gladiators. Violence and Spectacle in Ancient Rome, London , pp. PRIVATE LAW 73 Expectations of fathers associated with the education of their sons often contradicted the actions of the latter, especially when the parent lost control over his offspring by sending them to studies. A student dunce has run out of money. A father, one Cornelius instructed his son Hierak, who was somewhere studying, to take to books only and devote himself to science as they will bring him profit.

While his father is out of town, a Kymean commits a serious crime and is condemned to death. Looking at the content of the joke, it is impossible to deduce what crime Cf. Cribiore, op. III ; A. The first of the doubts might be dispelled by the joke which followed in the collection and undoubtedly constituted a sequence to the jest discussed here. It cannot be a simple robbery rapina because, as a rule, it was a tort.

Everything points to a crime lined to public law. It can be de- duced that the sentence concerned the use of force crimen vis , or belong- ing to some criminal group. The condemned man acknowledged that his father would beat him to death while in anger. It is worth considering then how far ius vitae ac necis reached when Philogelos was being compiled.

It should be noted, however, that the period of the Empire actually brought a significant reduction in the rights of the father, and vitae necisque postestas was gradually disappearing. In the case described in the joke, the father did not have the opportunity to exercise his right as he was absent. Perhaps, however, he would have liked to punish his son if he had been on the spot. Slaves Slaves are quite common, though rather background protagonists of Philo- gelos jokes. They accompany their owners both in their hometown and while travelling, looking after their comfort.

Philogelos 7; 23; 30; 76; Philogelos On several occasions, there are also references to public slaves serving customers in bathhouses. Aminaivan e[cwn ejsfravgisen aujthvn. A student dunce acquires some expensive Italian wine and seals up the amphora. But his slave makes a hole in the bottom and steals wine that way.

The dunce is amazed that the wine is getting low, even though the seals remain unbroken. In such a situation, as a rule, it was possible to use an actio noxalis against the owner. In the case discussed, however, the thief was the property of the robbed, and Gaius clearly stated that if a slave committed a tort to the detriment of the owner, or a son to the detriment of the father, it did not result in any action.

In such a situation, the owner could only punish the slave using his power. Provided, of course, he was able to solve the mystery of the disappearing wine The problem of slaves robbing their owners was quite common. But no action lies for an offence by a son or slave committed against his father or master.

She then suggests that the slave did not steal form their owner but form the buyer. A trace showing that interpretational possibility is sealing an amphora. Still, the text of the joke does no allow us to assume in which moment the theft was carried out and if the sale contract was actually concluded. Nixon Palestrio discovered that his fellow slaves had been getting to the wine for a long time and said he would summon the master from the forum.

Terrified Lucrio replied to that he was already dead because the owner would perform a cruel punishment on him on his return home. Ranstrand : Vinum autem corruptum tenuatumque lymphis continuo intellegit. He instantly understands the wine has been corrupted and diluted with water. And later the slave states that the owner knows immediately if the wine has been contaminated or diluted.

Probably it also had to do with watering the wine down: slaves poured water so that the loss of liquid could not be seen, and the opening of the amphora could also lead to liquid contamination. Slavery meant full submission towards the master. As owners often had sex with their female slaves, a child could be born out of such a relationship.

Ranstrand ; cf. Harper, op. Ranstrand : furtum si admissum domi fuerit, exsecratur tamquam aliquod scelus. If theft was commited at home, it is cursed as if it was a crime. A student dunce begets a child by a slave girl. His father advises him to kill the child. Still, there is no certainty about that since his father also appeared there and might have been a pater familias exercising power over his son. It seems, however, that since the father gave his son advice, not an order regarding the slave, the son was the owner of the latter.

Still, the text rather indicates that it is about killing the Cf. Slaves are brought under our ownership either by the Civil Law or by that of Nations. This is done by the Civil Law where anyone who is over twenty years of age permits himself to be sold for the sake of sharing in his own price.

Slaves become our property by the Law of Nations when they are either taken from the enemy, or are born of our female slaves. Kupiszewski, Porzucenie dziecka w prawach antycznych, «Meander» Evans-Grubbs, T. Parkin, R. Bell, Oxford , pp.

He could have thought about himself: if he told his father to kill him and to bury him, he would ridicule himself as usual with a completely missed comment. But it could also mean that the father had also produced children with slaves and had not killed them at all; then the smart alec would not turn out to be that stupid The prospect of manumission was hope for many slaves. The references of this institution are also present in Philogelos.

A student dunce is voyaging on a very stormy sea. He informed them that he had manumitted them in his will. Evans Grubbs, Infant Exposure and Infanticide…, p. Buckland, The Roman Law of Slavery. Robleda, Il diritto degli schiavi nella Roma antica, Roma , pp.

Tre studi sulla codizione giuridica dei liberti, Napoli reprint , pp. Schumacher, Sklaverei in der Antike. However, the sinking of the ship would probably lead to the death of all the passengers, and therefore manumission would not bring any tangible effect.

In the discussed case, all the victims of the shipwreck should be consid- ered commorientes, unless one could prove the earlier death of one of them. Another joke has a similar overtone. The lack of the will would be consistent with this image. An approaching sea voyage was treated as a potentially risky situation by the Romans, so it was considered natural to take care of writing testamentary tablets and leaving them in a safe place. Except that it was a sea trip itself that was considered risky, and not a sea storm, which resulted in the ship actually sinking.

Then there was only time for praying, crying and panicking. In the case of death in a common danger, jurists applied certain principles: it was assumed that an immature child died before the parent D. In other cases, it was assumed that the moment of death was simultaneous D. Champlin, Final Judgments.

Duty and Emotion in Roman Wills, B. Summary In Philogelos, we can find much information about the status of people in public and private law. The administration performance — province governor and local offices — was lampooned here; there are a few jokes about soldiers, the Games were also presented. One of the jokes has a flagship privilege of Roman citizens — provocatio — as its topic. In the field of private law, the marriage institution, patria potestas, as well as the legal position of slaves were considered.

People actively participate in political life, like taking part in assemblies, they are interested in the functioning of the local community, they care about security. The horror of war meets entertainment events. The glimpses of private life shown in jokes allow us to look at legal prac- tice but they also express common views.

There is a clear misogynist tenden- cy, and a rather reluctant attitude towards marriage, information about adul- tery and even incest. What is striking, however, is that fathers worry about raising their children and children strive to break free from their parents.

We can see the care of getting offspring educated, and the desire to provide a daughter with a good future by giving her a valuable dowry. Jokes related to slavery appear to be very interesting as they show household reality in which a slave could work honestly, but also rob their owner, as well as jokes illus- trating the pursuit of freedom and the practice of testamentary manumission.

Many jokes cannot be understood properly without referring to legal issues. An example of this is the whipping joke Philogelos , the background of which is the issue of Roman citizenship and related privileges, as well as the joke about selling a wife at the market Philogelos , which includes an allusion to selling slaves and associated tax issues. Legal and economic issues in Philogelos Philogelos jokes well illustrate the practical dimension of legal relations in the Empire.

The protagonists of jokes often participate in the trade. They are the owners of things, using one of the best protected rights in ancient Rome. The property right had a very broad scale although it was subject to certain restrictions, including those resulting from neigh- bourly rights or public law.

Some jokes relate to inheritance law — to uni- versal succession through testamentary, or non-testamentary process, and to singular succession in the form of legacies. Plenty of space in the collection is also occupied by jokes with various contracts as their background. A student dunce moves into his new house. Meggitt, Paul, Poverty and Survival, Bodmin , p. The inscription he wrote in the form of a plate — libellus fix- us, or a graffito made on the wall was intended to keep the place clean.

This joke fits perfectly into the group of inscriptions about impurities. They substantially differ from official regulations in the form of an edict preserved in epigraphical form, which are formulated ne quis fecisse Cf. O Wegener, Petersberg , pp. Keegan, Graffiti in Antiquity, New York , pp. A very interesting hypothesis on the inscription Cacator cave malum was draw by A. It can also be added that this practice is a subject of one of the jokes.

An inscription I. They contain some form of threat, usually with a sacral context. It may be a warning against the anger of a deity or just some misfortune malum. However, it was rather a declaration of the self-help of the residents rather than of handing a perpetrator over to relevant authorities. How can you interpret Philogelos joke in this context?

The inscription put up by the scholastikos would say in Latin: Quicumque hic stercora iniciat perdit illa. Its style is therefore more legal, or rather pseudo-legal as it contains a clear disposition and a sanction. Obviously, the humorous effect was achieved by the absurd assumption that someone might care about the dung he had thrown away and on the fact the scholastikos announced that he would keep it.

According to the principle of superficies solo cedit, only in case of combining a movable and an immovable thing, the owner of the immovable took over the building constructed on their land, a planted tree, or sown grain. You may opt to simply delete the quarantined files. Analysis by: Henry Alarcon Jr. Infection Channel: Downloaded from the Internet, Dropped by other malware. File Size: 1,, bytes. Minimum Scan Engine: 9.

Step 3 Delete this registry value [ Learn More ]. Step 4 Search and delete this file [ Learn More ]. Search for files or folders named or All or part of the file name. For Windows 8, 8.

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