ASSERTOR
ASSERTOR or
ADSERTOR is the name given to the
party who asserts or vindicates in an action (
liberale
judicium) the freedom of another (Gaius, 4.14); for a person
who claimed to be free could not sue on his own behalf. By the law of the
Twelve Tables it was enacted in favour of liberty, that an adsertor should
not be called on to give security in the
sacramenti
actio to more than the amount of 50 asses. In the course of the
action the adsertor laid his hand on the person whose liberty he claimed
(
adsertus), and formally asserted the right
of the latter to his freedom. Hence
adserere in
libertatem, liberali adserere manu. (Ter.
And.
2.1, 40; Plaut.
Poen. 4.2, 83.)
The expression
adserere in servitutem,
“to claim a person as a slave,” occurs in Livy (
3.44;
34.18). The
vindicatio in libertatem was employed as a
collusive action for the purpose of manumitting slaves (
manumissio per vindictam). In later times the part of
assertor was represented by the Praetor's lictor. (
Dig.
40. 12,
de Liberali Causa; Cod.
7.16.)
[
G.L] [
E.A.W]
