Barbatius Philip
Barbatius (also Barbarius or Barbius ) Philip was a runaway slave from the entourage of Antonius , who supposedly was elected praetor during the second triumvirate (from 43 BC) .
The Lex Barbatius Philip
From the 1st century BC Several cases in which slaves found their way into municipal offices have come down to us. So also that of Barbatius (or a Barbarius), whose pseudo-civil service gave rise to a legal controversy. As a slave, he lacked the most elementary requirement for the praetur: Roman citizenship . So legally he had never become praetor. The question now was whether his official acts were still valid. This was answered in the affirmative with regard to the citizens who had relied on his position in their concerns. He himself was executed.
The case was already well known in antiquity and had far-reaching effects on all of later European law to this day.
swell
- D. 1, 14, 3 Ulpianus libro 38 ad edictum
“Barbarius (so the Hss.) Philippus, cum servus fugitivus esset, Romae praeturam petiit et praetor designatus est, sed nihil ei servitutem obstitisse ait Pomponius, quasi praetor non fuerit; atquin verum est praetura eum functum "
Recent research distinguishes Barbatius Philippus from Marcus Barbatius Pollio , who lived in 41 BC. Is occupied as quaestor of Mark Antony.
literature
- Elimar Klebs : Barbatius . In: Paulys Realencyclopadie der classischen Antiquity Science (RE). Volume III, 1, Stuttgart 1897, Col. 2 f.
- Rolf Knütel : Barbatius Philippus and his traces ( Falsus praetor, parochus putativus , false official ). In: Dieter Schwab , Dieter Giesen, Joseph Listl, Hans-Wolfgang Strätz (Eds.): State, Church, Science in a Pluralistic Society. Duncker & Humblot, Berlin 1989, ISBN 3-428-06759-2 , pp. 345-3365.
Individual evidence
- ^ Thomas Robert Shannon Broughton : The magistrates of the Roman republic. Volume 3: Supplement. Atlanta 1986, p. 33. Wolfgang Kunkel: State order and state practice of the Roman Republic. Second section, the magistracy. Beck, Munich 1995, ISBN 3-406-33827-5 , pp. 53-54 ( preview in Google Book Search ).
| personal data | |
|---|---|
| SURNAME | Barbatius Philip |
| ALTERNATIVE NAMES | Marcus Barbatius Philip; M. Barbatius Philip |
| BRIEF DESCRIPTION | Roman false official |
| DATE OF BIRTH | 1st century BC Chr. |
| DATE OF DEATH | 1st century BC Chr. |