plaintiff might reply to the defendant’s _exceptio_. The plaintiff’s
answer was called _replicatio_. If the defendant answered the
_replicatio_, his answer was called _duplicatio_; and the parties
might go on to the _triplicatio_ and _quadruplicatio_, and even
further, if the matters in question were such that they could not
otherwise be brought to an issue. A person might maintain or defend
an action by his _cognitor_ or _procurator_, or, as we should say,
by his attorney. The plaintiff and defendant used a certain form
of words in appointing a cognitor, and it would appear that the
appointment was made in the presence of both parties. The cognitor
needed not to be present, and his appointment was complete when by
his acts he had signified his assent. When the cause was brought to
an issue, a judex or judices might be demanded of the praetor, who
named or appointed a judex, and delivered to him the formula, which
contained his instructions. The judices were said _dari_ or _addici_.
So far the proceedings were said to be _in jure_: the prosecution of
the actio before the judex requires a separate discussion. [JUDEX.]
ACTOR, signified generally a plaintiff. In a civil or private action,
the plaintiff was often called _petitor_; in a public action (_causa
publica_), he was called _accusator_. The defendant was called
_reus_, both in private and public causes: this term, however,
according to Cicero, might signify either party, as indeed we might
conclude from the word itself. In a private action the defendant
was often called _adversarius_, but either party might be called
_adversarius_ with respect to the other. Wards brought their actions
by their guardian or tutor. _Peregrini_, or aliens, originally
brought their action through their patronus; but afterwards in their
own name, by a fiction of law, that they were Roman citizens. A Roman
citizen might also generally bring his action by means of a cognitor
or procurator. [ACTIO.] Actor has also the sense of an agent or
manager of another’s business generally. The _actor publicus_ was an
officer who had the superintendence or care of slaves and property
belonging to the state.
ACTŬĀRĬAE NĀVES, transport-vessels, seem to have been built in a
lighter style than the ordinary ships of burden, from which they also
differed in being always furnished with oars, whereas the others were
chiefly propelled by sails.
ACTŬĀRĬI, short-hand writers, who took down the speeches in the
senate and the public assemblies. In the debate in the Roman senate
upon the punishment of those who had been concerned in the conspiracy
of Catiline, we find the first mention of short-hand writers, who
were employed by Cicero to take down the speech of Cato.
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