Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

12 ACTIO. ACTIO.
might afterwards give him permission to avail him- ellrators generally gave security like procurators.
self of it; whether he could do the same in the case In the case of an actio in perssonam, the samne rules
of a dilatory was a doubtful question. (Gaius, iv. applied to the plaintiff as ill the actio in rein. If
125.). the defendant appeared by a cogniitor, the defendant
The plaintiff might reply to the defendant's ex- had to give security; if by a procurator, the proceptio, for the defendant by putting in his plea be- curator had to give security.
came an actor. [ACTOR.] The defendant's plea When the cause awas brought to an issue, a
might be good, and a complete answer to the plain- judex or judices might be demanded of the praetor
tiffs demand, and yet the plaintiff might allege who named or appointed a judex and delivered to
something that would be an answer to the plea. him the formula which contained his instructions.
Thus, in the example given by Gaius (iv. 126), if The judices were said dari or addici. So far the
an argentarius claimed the price of a thing sold by proceedings were said to be in jre; the prosectn.
auction, the defendant might put il a plea, which, tion of the actio before the judex requires a separate
when inserted in the formula, would be of this discussion. [JUDICIUM.]
shape: - Ut ita deslnun emeptor damsnettur, si ei es The following is an example of a formula taken
q siL emerit, tradita sit; and this would be in form from Gaius (iv. 47):- Judex esto. Si pacaet AnZLJon
a good plea. But if the conditions of sale were that Ageriumn auld u12Vizeriuz Npteyidisaum iZensamls
the article should not be handed to the purchaser asrteeeame dleposuisse eIqIZe dolt mao N1o m2erii
before the money was paid, the argentarius might Neyidii A ulo A erito redditam non esse quaZlti ea
put in a ireplicatio in this shape: -- Nisi praedictum es es erit tantace p2eciuiiriajldex Neusle'iU2i Negidiula
est He aliter enoptori res traderetmzr quana si pretiumi Ailo Agerio condemnuto: si nonz paert, absolvito.
emsptor solverit. If the defendant answered the The nature of the formula, however, will be
replicatio, his answer was called deplicatio; and the better understood from the ollowing analysis of it
parties might go on to the triplicatio and quadrupli- by Gains: -It consisted of four parts, the dezonacatio, and even further, if the matters in question stratio, iztentio, acljsudicatio, condesancntio. The
were such that they could not otherwise be brought desonstratio is that part of the formula which
to an issue. explains what the subject-matter of the action is.
Thepraescriptio, which was so called from being For instance, if the subject-matter be a slave sold,
written at the head or beginning of the formula, the demonstratio would run thus: —Qeod A zlus
was adapted for the protection of the plaintiff in Agerius llVmerio Neqidio eionzin:eml vendidit. The
certain cases. (Gaius, iv. 130, &c.; Cic. De Orat. intentio contains the claim or demand of the
i. 37.) For instance, if the defendant was bound plaintiff:-Si paret /honkiiiesz exjure QltdritiinA Ili
to make to the plaintiff a certain fixed payment t Agerii esse. The acdjjdicatio is that part of the
yearly or monthly, the plaintiff had a good cause fornula which gives the jindex authority to adjuof action for all the sums of money already due; dicate the thing which is the subject of dispute to
linut in order to avoid making his demand for the one or other of the litigant parties. If the action
fiuture payments not yet due, it was necessary to be'among partners for dividing that which belongs
use a praescription of the following form: — Ea to them all, the adjudication would run thus:res aOgatur citus rei diesji'it. Quanztum adjldicari oportet jidex Titio acdjdicato.
A person might maintain or defend an action by The condenszatio is that part of the formula which
his cognitor or procurator, or, as we should say, by gives the judex authority to condemn the dehis attorney. The plaintiff and defendant used a fendant in a suml of money, or to acquit him:
certain form of words in appointing a cognitor, and for example,.Jzdex Nzmerien Neyidium A4ulo
it would appear that the appointment was made in Agyerio sestertizmn milia condemna: si eon paret,
the presence of both parties. The coginitor needed absolve. Sometinmes the intentio alone was requisite,
not to be present, and his appointment was com- as in the formulae called praejadiciales (which some
plete when by his acts he had signified his assent. modern writers make a class of actions), in which
(Cic. Pro Q. Roscio, c. 2; Hor. Se?-nz. i. 5. 35.) the matter for ilquiry was, whether a certain person
No form of words was necessary for appointing a was a freedman, what was the amount of a dos, and
procurator, and he might be appointed without the other similar questions, when a fact solely was the
knowledge of the opposite party. thing to be ascertained.
In many cases both plaintiff and defendant Whenever the formula contained the condem.
might be required to give security (satisdare); for natio, it was framed with the view to pecuniary
instance, in the case of an rctio in rein, the de- damages; and accordingly, even when the plaintiff
fendant who was in possession was required to claimed a particular thing, the judex did not
give security, in order that if he lost his cause and adjudge the defendant to give the thing, as was
did not restore the thing, nor pay its estimated the ancient practice at Rome, but condemned himn
valuse, the plaintiff might have an action against in a sum of money equivalent to the value of the
him or his sureties. When the actio in res was thing. The formula might either name a fixed
prosecuted by theljbrrnulalpetitoria, that stipulatio sumn, or leave the estimation of the value of the
was made which was called jud2icatz solvi. As to thing to the judex, who in all cases, however, was
its prosecution by the sponiio, see SPONsin and bound to name a definite sunm in the condemnation.
CENTUMVIRI. If the plaintiff sued in his own The formula then contained the pleadings, cr
name, he gave no security; nor was anly security the statements and counter-statements, of the
required, if a cognitor sued for him, either firom plaintiff and the defendant; for the intentio, as we
the cognitor or the plaintiff himself, for the cog- have seen, was the plaintiff's declaration; and if
nitor was personally liable. But if a procurator this was met by a plea, it was necessary thlat this
acted for him, he was obliged to give security that also should be inserted in the formula. The
the plaintiff would adopt his acts; for the plaintiff formula also contained the directions for the judex,
was not prevented from bringing another action and gave him the power to act. The English and
when a procurator acted for him. Tutors and Roman procedure are severally stated in Mr.