Caroline Humfress
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198208419
- eISBN:
- 9780191716966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208419.003.005
- Subject:
- History, European Medieval History
This chapter explores the question of whether post-classical advocates influenced the development of late Roman law through their forensic pleading. Under the various late Roman civil cognitio ...
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This chapter explores the question of whether post-classical advocates influenced the development of late Roman law through their forensic pleading. Under the various late Roman civil cognitio procedures, advocates could be involved in every phase of the lawsuit, from the principium litis (including the registering of the case, the summons, the response of the defendant and the prescribing of the necessary cautiones), through the medium litis (formally encompassing the narratio of the plaintiff and the contradictio of the defendant before the judge) to the definitum negotium (the administration of proofs up to the definitive sentence). If appointed, defence advocates would also be at hand throughout a public/‘criminal’ trial.Less
This chapter explores the question of whether post-classical advocates influenced the development of late Roman law through their forensic pleading. Under the various late Roman civil cognitio procedures, advocates could be involved in every phase of the lawsuit, from the principium litis (including the registering of the case, the summons, the response of the defendant and the prescribing of the necessary cautiones), through the medium litis (formally encompassing the narratio of the plaintiff and the contradictio of the defendant before the judge) to the definitum negotium (the administration of proofs up to the definitive sentence). If appointed, defence advocates would also be at hand throughout a public/‘criminal’ trial.
