Legal Definitions - triverbial days

Triverbial days, in ancient Roman law, were a specific category of *dies fasti*, meaning they were days when legal business was permitted. On these days, the praetor was authorized to sit and pronounce the three solemn words that initiated formal legal proceedings.

In ancient Roman law, triverbial days referred to specific days on which legal business could be lawfully conducted. The term "triverbial" originates from the three Latin words – do, dico, addico (I give, I say, I award) – that a Roman magistrate was authorized to utter when granting a legal remedy or making a judicial decision. Essentially, these were the days when courts were open, and magistrates had the authority to hear cases, issue judgments, and perform other official legal acts.

• Example 1: Filing a Lawsuit

  Imagine a Roman citizen, Marcus, believes his neighbor has unlawfully encroached upon his land. To initiate a legal complaint and seek restitution, Marcus would have to visit the praetor (a high-ranking magistrate) on a triverbial day. If he attempted to do so on a dies nefastus (a non-legal day), the praetor would not be authorized to accept his petition or begin any legal proceedings, and Marcus would be turned away.

  This example illustrates that triverbial days were the designated periods when citizens could access the legal system to file complaints and begin formal legal processes.

• Example 2: Issuing a Judgment

  A magistrate, Praetor Lucius, has been presiding over a complex inheritance dispute for several weeks. After hearing all arguments and reviewing evidence, he is ready to deliver his final judgment. He must schedule the formal pronouncement of his decision for a triverbial day. On this day, he would publicly declare his ruling, using the authoritative "do, dico, addico" to formalize the legal outcome, such as awarding property to one of the claimants.

  This demonstrates that triverbial days were not just for initiating cases but also for magistrates to exercise their judicial authority and finalize legal matters through official pronouncements.

• Example 3: Executing a Legal Agreement

  Two Roman merchants, Gaius and Decimus, wish to formalize a significant business partnership with a legally binding contract that requires a magistrate's official endorsement to ensure its enforceability. They would arrange to appear before a magistrate on a triverbial day. On this day, the magistrate could officially witness and sanction their agreement, thereby imbuing it with legal force and ensuring that any future disputes arising from it could be addressed within the legal framework.

  This example shows that triverbial days were essential for various legal actions beyond just litigation, including the formalization and official recognition of private agreements that required state authority to be fully binding.