The Ancient Library

Scanned text contains errors.

On this page: Recfnium – Recissoria Actio – Recuperatores – Redhibitoria Actio – Redimfculum – Regia Lex – Regifugium – Regula


for these Praetoriae actiones, as the person who had sustained loss would either have an actio locati and conducti, in cases where payment had been agreed on, or an actio deposit!, where no pay­ment had been agreed on ; but Pomponius suggests that the reason was this: in a matter of Locatum and Conductum, the receiver was only answerable for loss in case he was guilty of Culpa ; and in a matter of Depositum, only in case he was guilty of Dolus Mains ; but the receiver was liable to these Praetoriae actiones, if the thing was lost or injured even without any Culpa on his part, and he was only excused in case of Damnum fatal e, such as shipwreck, piracy, and so forth.

These praetorian actions in factum were either '" rei persecutoriae " for the recovery of the thing, or " poenales " for damages. The former action might be maintained against the heres of the Nauta, Caupo, or Stabularius. The Exercitor of a ship was answerable for any loss or damage caused to property, which he had received in the legal sense of this term, by any person in his employ­ment. The actio against him was in dupluni. The liability on the part of Caupones and Stabularii was the same: a caupo for instance was answer­able for loss or damage to the goods of any traveller, if caused by those who were dwelling or employed in the caupona, but not if caused by a mere tra­veller. . The actio for damages could not be main­tained against the heres. (Dig. 4. tit. 9 ; Peckii In Titt. Dig. et Cod. Ad rem nauticam perti-nentes Commentarii, &c. Amstel. 1668.)

As to the passages in the Digest (4. tit. 9. s. 1. § 1, and 47. tit. 5. § 6) sec Vangerow, Pandekten, &c. iii. p. 436.

. There is a title in the Digest (4. tit. 8), De Re- ceptis, qui arbifrium receperunt ut sententiam dicant. When parties who had a matter to liti­ gate, had agreed to refer it to an arbitrator, which reference was called Compromissum, and a person had accepted the office of arbitrator (arlitrium. re- eeperit\ the praetor would compel him to pro­ nounce a sentence, unless he had some legal excuse. The Praetor could compel a person of any rank, as a Consularis for instance, to pronounce a sentence after taking upon him the office of arbitrator ; but he could not compel a person who held a Magis- tratus or Potestas, as a Consul or Praetor, for he had no Imperium over them. The parties were bound to submit to the award of the arbitrator ; and if either party refused to abide by it, the other had against him a poenae petitio, if a poena was agreed on in the compromissum ; and if there was no poena in the compromissum, he had an Incerti actio. (Dig. 4. tit. 8.) [G. L.]

RECFNIUM. [ricinium.]

RECISSORIA ACTIO. [!ntercessio.]


. REDEMPTOR, the general name for a con­ tractor, who undertook the building and repairing of public works, private houses, &c., and in fact of any kind of work. (Festus, s. v. ; Hor. Carm. iii. 1.35, Ep. ii. 2 72 ; Cic. de Div. ii. 21.) The farmers of the public taxes were also called Re- demptores. (Dig. 19. tit. 2. s. 60. § 8.)

REDHIBITORIA ACTIO was an actio which a buyer had against a seller for rescinding the bargain of sale on account of any non-apparent defect at the time of the purchase in the thing pur­chased, which the buyer was not acquainted with, and which according to the Edict of the Curule


Aediles, he ought to have been acquainted with ; or for any defect in the qualities of the thing which the seller had warranted. The seller was answer­able even if he was not aware of the defects. " Redhibere," says Ulpian, "is so to act that the seller shall have back what he had, and because this is done by restoration, for that reason it is called 4 Redhibitio,' which is as much as to say 6 Redditio.'"

The effect of the redhibitio was to rescind the bargain and to put both parties in the same con­ dition, as if the sale had never taken place. The time allowed for prosecuting the actio redhibitoria was " sex menses utiles,"' when a cautio had been given, which were reckoned from the day of sale or from the time when any statement or promise had been made relating to the matter (dictum .promissumve, the words of the Edict). If there was no cautio, the time allowed was two months, (Dig. 21. tit. 1.) [G.L.]

REDIMFCULUM (/ca0er^p), a fillet attached to the Calantica, Diadema, Mitra, or other head­ dress at the occiput, and passed over the shoulders, so as to hang on each side over the breast. (Virg, Aen. ix. 616; Ovid. Met. x. 265.) Redimicula were properly female ornaments (Festus, s. v.; Ovid. Epist. ix. 71; Juv. ii. 70; Prudent. Psychom. 448) ; and in the statues of Venus they were imi­ tated in gold. (Ovid: .Ftof.iv. 135—137.) [J.Y.]

REGIA LEX. [lex regia.]

REGIFUGIUM or FUGA'LIA, the king's flight, a festival which was celebrated by the Romans every year on the 24th of February, and according to Verrius (ap. Fest. s. v. Regifugium} and Ovid (Fast. ii. 685, &c.) in commemoration of the flight of king Tarquinius Superbus from Rome. The day is marked in the Fasti as nefastus. In some ancient calendaria the 24th of May is likewise called Regifugium, and in others it is described as Q. Rex. C. F., that is, ," Quando Rex comitiavit, fas," or " Quando Rex comitio fugit." Several ancient as well as modern writers have denied that either of these days had anything to do with the flight of king Tarquinius (Cincius, ap. Fest. I. c.), and are of opinion that these two days derived their name from the symbolical flight of the Rex Sacrorum from the comitium ; for this king-priest was generally not allowed to appear in the comi­ tium, which was destined for the transaction of political matters in which he could not take part. Bat on certain days in the year, and certainly on the two days mentioned above, he had to go to the comitium for the purpose of offering certain sacri­ fices, and immediately after he had performed his functions there, Le hastily fled from it ; and this symbolical flight is said to have been called Regi­ fugium. (Fest. I. c.; Plut. Quaest. Rom. 63; Ovid. Fast. v. 727.) [L. S.]

REGULA (Kav(bv\ the ruler used by scribes for drawing right lines with pen and ink (Brunck, Anal. iii. 69, 87) ; also the rule used by carpenters, masons, and other artificers, either for drawing straight lines or making plane surfaces. (Aristoph. Ran. 798 ; Vitruv. vii. 3. § 5.) That it was marked with equal divisions, like our carpenter's rules, is manifest from the representations of it among the " In&trumenta fabrorum tignariorum," in the woodcuts at pp. 287, 806. The substance, with which the lines were made, was raddle or reel ochre (/xtAros1, Brunck, Anal. i. 221 ; tyoiviKt , Eurip. Here. Fur. 925.) [ line a.] The

About | First | English Index | Classified Index | Latin Index | Greek Index



page #  
Search this site
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of