Legal Definitions - diei dictio

Diei dictio is a historical term originating from Roman law. It refers to the formal act by which a magistrate (a public official with judicial authority) would notify an individual to appear in court on a specific, predetermined day. Essentially, it was the Roman equivalent of issuing and serving a summons, compelling someone to attend a legal proceeding.

Here are some examples illustrating the concept of diei dictio:

• Criminal Accusation: Imagine a Roman citizen named Valerius is accused of damaging public property. A magistrate, after reviewing the initial complaint, issues a diei dictio. This formal notice is then delivered to Valerius, clearly stating that he must appear before the court on the Kalends of April to answer the charges.

  This example demonstrates the magistrate's role in formally summoning an accused individual to a trial on a specific date.

• Civil Dispute Resolution: Consider two Roman merchants, Brutus and Cassius, who have a disagreement over the terms of a trade agreement. Brutus decides to bring the matter before a magistrate to seek a legal resolution. The magistrate, recognizing the need for both parties to present their cases, issues a diei dictio to Cassius, instructing him to appear on a designated market day next month to participate in the legal proceedings concerning the contract dispute.

  Here, the diei dictio acts as the formal summons for a civil case, ensuring all relevant parties are present on a set date for the judicial process.

• Witness Summons: During a complex inheritance dispute, a magistrate determines that the testimony of a particular scribe, Quintus, is essential to clarify the details of a will. To ensure Quintus's presence, the magistrate issues a diei dictio, ordering him to appear as a witness on the next scheduled court session to provide his crucial testimony.

  This illustrates how a diei dictio could also be used to compel a witness to appear on a fixed day for a legal proceeding, similar to a modern subpoena.