Barbatia (gens)

Barbatius (also Barbarius or Barbius ) Philip was a runaway slave from the wake of Anthony, who reportedly ( from 43 BC) was select praetor during the second triumvirate.

The Lex Barbatius Philip

From the 1st century BC, several cases have been handed down, in which slaves arrived in magistrate offices. So also of the Barbatius (or even a Barbarius ) whose Scheinbeamtentum gave rise to a legal controversy. As a slave he lacked the most basic prerequisite for the praetorship: Roman citizenship. Legally, he was therefore never become praetor. The question now was whether his acts are valid anyway. This was in view of the citizens who had trusted in their concern to its position affirmed. He himself was executed.

The case was well known in ancient times and had far-reaching implications for the whole subsequent European right up to the present day.

Swell

• D. 1, 14, 3 libro Ulpian 38 ad edictum

" Barbarius ( so the MSS ) Philip cum servus fugitivus eat, Romae praeturam petiit et praetor designatus est, sed nihil ei servitutem obstitisse ait Pomponius, quasi non fuerit praetor; atquin verum est eum praetura functum "

Recent research distinguishes Barbatius Philip Marcus Barbatius Pollio, who is occupied in the year 41 BC as Quaestor of Marcus Antonius.