JUS NATURALE] All this is remarkable, manifesting a spirit very different from that which animated the See also:

• COMMON

In the 3rd See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

4 This was altered by Justinian's 118th Novel, under which a paterfamilias taking any part of a deceased son's estate did so as his heir; see infra, p. 573. Some writers take the view that such act was always essential. See See also:

• GIRARD, JEAN BAPTISTE [known as " Le Pere Girard " or" Le Pere Gregoire "] (1765-185o)
• GIRARD, PHILIPPE HENRI DE (1775-1845)
• GIRARD, STEPHEN (1750-1831)

But it was Marcus Aurelius that first made curatory a general permanent See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

Stift. xxii. 170. 4 Fideicommissa, as informal See also:

• REQUESTS, COURT OF

It was inappropriate either for disherison of sui or institution of an heir; but if confirmed by testament, either See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

But the legis actions had with a few exceptions given place to praetorian formulae. Under the sacramental system parties, See See also:

• KELLER, ALBERT (1845- )
• KELLER, GOTTFRIED (1819-1890)
• KELLER, HELEN ADAMS (188o- )

Although it was not until the early Empire that this system of civil procedure attained its full development, yet it had begun between one and two centuries before the fall of the See also:

• REPUBLIC (Lat. respublica, a commonweal or common-wealth)

N. ought to pay (dare oportere) 50,000 sesterces to A. A., in that sum condemn N.N. to A. A.; 2 should it so not appear, acquit him;" This was no longer the legis actio per condictionem, because 'what had made it legis actio was gone, but the condictio certae pecuniae of the formular system. The condictio triticaria of the same system ran on the same lines: "Titius be judge. Should it appear that N. N. ought to give A. A. the slave Stichus, then, whatever be the value of the slave, in that condemn N. N. to A. A.," and soon. In each of these examples the formula included only two of the four See also:

• PRINCIPAL

To obviate the risk of such failure the praetors devised the actio ex stipulatu, whose formula commenced with a "demonstration " or indication of the cause of action, and whose " intention " referred to it and was conceived indefinitely: " Titius be judge. Whereas A. A. stipulated with N. N. for a share of the profits of a joint adventure, whatever in respect thereof N. N. ought to give to or do for (dare facere oportet) A. A., in the money amount ' In the typical Roman styles of actions the plaintiff was usually called Aulus Agerius and the defendant Numerius Negidius. Gaius enumerates them as demonstratio, intentio, ad'udicatio and condemnatio, and describes their several functions in iv. §§ 39–43. The intentio and condemnatio were much the most important, the others being employed only in certain kinds of actions. Besides these a formula might be preceded by a praescriptio (Gai. iv. §§ 130-137), and have incorporated in it See also:

• FICTIONS

(§§ I26-129). thereof condemn N. N.," and so on.' Once this point was attained further progress was comparatively easy, the way being open for the construction of formulae upon illiquid claims arising from trans-actions in which the practice of stipulation gradually dropped out of use, till at last the bonae fidei judicia were reached, marked by the presence in the " intention " of the words ex fide See also:

• BONA (BONE)
• BONA, JOHN (1609-1674)

But See also:

• JUDGMENT

See Girard, Manuel, p. 614n. 2'and 3 and authorities there cited. = Employed in the divisory actions, i.e. for dividing common property, partitioning an inheritance, or settling boundaries; the demand was that the judge should adjudicate (or assign) to each of the parties such a share as he though just. See Lenel, Edict. Perpet. 2nd ed. pp. 202, 205. 'Employed in certain actions upon delict, where the old penalties of death, See also:

• SLAVERY

' These latter have an See also:

• ANALOGY (Gr. avaXo-yLa, proportion)

Aquilia. Thus this statute in its first See also:

• CHAPTER (a shortened form of chapiter, a word still used in architecture for a capital; derived from O. Fr. chapitre, Lat. capitellum, diminutive of caput, head)

556. These are examples of actiones fictitiae—actions of the jus civile adapted by this very simple expedient to cases to which otherwise they would have been inapplicable, and forming one of the most important varieties of the actiones utiles. Quite different was the course of procedure in the actiones in factum, whose number and varieties were practically unlimited, although for the most part granted in pursuance of the praetor's promise in the edict that under such and such circumstances he would make .a remit to a judex (judicium dabo),' and formulated in accordance with the relative See also:

• SKELETON

Should it appear that, through the See also:

• FRAUD (Lat. fraus, deceit)

This kind of procedure was adopted sometimes because the claim that was being made rested rather on moral than on legal right, and sometimes in order to avoid unnecessary disclosure of family misunderstandings. Thus, the earliest questions that were raised about testamentary trusts were. sent for consideration and disposal to the consuls, apparently because, in the existing See also:

• STATE
• STATE, GREAT OFFICERS OF

§ 122; Bekker, Aktionen, vol. ii. See also:

• CHAP

The order pronounced might be either restitutory, exhibitory (in both cases usually spoken of in the texts as a decretum), or prohibitory:—restitutory, when, for example, the respondent was ordained to restore something he was alleged to have taken possession of by violent means, to remove impediments he had placed in the channel of a See also:

• RIVER

§§ 216—219. Procedure in these cases is also sometimes included under the term cognitio extraordinaria. , In addition to the authorities in last note, see K. A. See also:

• SCHMIDT, H
• SCHMIDT, HEINRICH JULIAN (1818-1886)
• SCHMIDT, KARL VON (1817-1875)
• SCHMIDT, WILHELM ADOLF (1812-1887)

207 seq. ' If that had been their See also:

• ORIGINAL

There were many varieties of them, connected with all branches of the law--, for example, the cautio damni infecti, See also:

• SECURITY (Lat. securus, free from care, safe)

It required also to be applied for within a limited period--originally an annus ulilis, but under Justinian a quadriennium—counting from the time the party was in a position to make the application. What should be held to amount to a,sufficient ground of restitution, either See also:

• OBJECTIVE, or OBJECT GLASS

THE PERIOD OF CODIFICATION (See also:

• DIOCLETIAN (GAIUs AURELIUS VALERIUS DIOCLETIANUS) (A.D. 245–313)
• DIOCLETIAN, EDICT OF (De Pretiis rerum venalium)

To this Justinian adhered in so far as rescripts in the old sense of the word were concerned; but he declared that his judgments (decreta) should be received everywhere as laws of general application, and so should any interpretation given by him of a lex generalis, even though elicited by the See also:

• PETITION (Lat. for " seeking " or " praying ")

2. ' See Troplong, De l'influence du christianisme sur le See also:

• DROIT (Fr. for " right," from Lat. directus, straight)

He also declared that the judgments were to be enforced by the civil courts). For various reasons, advantage was taken of this power of resorting to the bishop to an extent which seriously interfered with the proper discharge of his spiritual functions, so that in 398 Arcadius in the Eastern Empire judged it expedient to revert to Constantine's original rule, and, at least as regarded laymen, to limit the right of resort to the episcopal judicatory to cases in which both parties consented. The same thing was done by Valentinian in the Western Empire in '452. It is impossible to say with any approach to exactitude what effect this intervention of the clergy as judges in ordinary civil causes—for they had no proper criminal jurisdiction—had on the development of the law. But it can hardly have been without some influence in still further promoting the tendency to subordinate act and word to will and intention, to deal leniently with technicalities, and to See also:

• TEMPER (from Lat. temperare, to mingle or compound in due proportion, to qualify, rule, regulate, to be moderate, formed from tempos, time, fit or due season)

2 Wieding, Der Justinianeische Libellprocess (See also:

• VIENNA (Ger. Wien; Lat. Vindobona)
• VIENNA, CONGRESS OF (1814-1815)

875 seq.in a formula after the old See also:

• FASHION (adapted from Fr. facon, agon, Lat. factio, making, facere, to do or make)

From this point, which marked the litis contestatio or See also:

• JOINDER

(1832), pp. 141 seq., and Verm. Schriften (Leipzig, 1851), pp. 284 seq. ; Karlowa, Rom. Rechtsgesch. vol. i. pp. 933 seq. Sohm, Inst. § 21, on. 1 and 2, and authorities there cited. 4 There is, however, a good deal of doubt as to what is meant by the words collation codicum in this Edict. See Sohm as in preceding note, and authorities cited by him.

the large mass of statutes through which the law was dispersed, and which it was next to impossible for any ordinary mortal to See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

Constantine, a See also:

• HUNDRED

Its author was a certain Hermogenianus (perhaps the jurist of that name cited in the See also:

• DIGEST

Say. Stift. xxii. pp. 139 seq. Mommsen, Z. d. Say. Stift. (1889), x. pp. 347 seq.; Kipp, Gesch. d. Quellen, pp. 78-79. The fragments of both this and the Gregorian Code, edited by See also:

• KRUGER, STEPHANUS JOHANNES PAULUS (1825-1904)

236-245.chronologically under definite titles, separating, where necessary, any constitutions dealing with more than one matter into parts, so as to bring each matter under its proper title, and with power otherwise to make such omissions, additions and alterations as seemed good to them for the same object. The work was completed in less than three years and published at Constantinople early in the year 438, with the See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

Valentinian III. in 447. was published by the latter emperor in the following year. The second collection contained in addition to edicts of Theodosius some edicts of See also:

• MARCIAN (c. 390-457)

Theodosiani libri xvi. cum constitutionibus Sirmondianis edidit, adsumpto apparatu P. Krugeri, Th. Mommsen (1905). ' These Novels, so far as preserved, have been published as a second part of Mommsen's edition of the Theodosian Code. II. Leges ad Theodosianum pertinentes edidit adjutore Th. Mommseno Paulus M. Meyer (1905). ' These are contained in the Mommsen-Meyer edition of the Theodosianus. - 7 Collectio Juris Antejustiniani, by Kruger and Mommsen, pp. 107 seq. ; Girard, Textes, pp.

543 seq. ; Kruger, Quell en, pp. 302 seq. 572 Modestine, rescripts from the Gregorian and Hermogenian Codes, and one later general enactment. Its date is probably soon after the year 39o, but its authorship is unknown., Fragment¢ Vatican¢ 2—These fragments, discovered by Cardinal Angelo See also:

• MAI, ANGELO (1782—1854)

Mitteis, Gradenwitz and others have done much to elucidate these, by numerous publications. But to give any-thing like a consecutive account of them would occupy much space and cannot be attempted here.$ Romano-See also:

• BARBARIAN (Gr. fap/3apos)

Antej. iii. pp. 1 seq. (ed. Mommsen) ; Karlowa, Rom. R.G. i. pp. 969 seq.; Kruger, Quellen, pp. 298-13o2. 3 Mommsen,.however (Collectio, iii. p. I1), thinks it was compiled about the time of Constantine. Collect. Jur. Antej. in. pp.

203–20; Girard, Textes, pp. 590 seq. See Kruger, Quellen, pp. 305-7. Ed. by Bruns and Sachau under the name Syrisch-Romisches Rechtsbuch aus dem funften Jahrhundert (Leipzig, x88o). See Esmein, Melanges, pp. 403 seq.; Ferrini, Z. d. Say. Stift. (1902), See also:

• XXIII

7 E.g. the See also:

• AMHERST
• AMHERST, JEFFREY AMHERST, BARON (1717-1797)

Bluhme in See also:

• PERTZ, GEORG HEINRICH (1795-1876)

Though it contains a certain infusion of Gothic law and was professedly intended to apply to all Theoderic's subjects, both Goths and Romans, it seems nevertheless generally admitted that this See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

It was published probably before his death in 516. It deals with private law, criminal law and prqq-~ cedure, distributed through See also:

• FORTY

This work of Cohn is a systematic arrangement of the Breviary, with the Latin text as given by Haenel, and a translation into German of the inter pretatio (or, where there is none, of the text itself), and some explanatory notes. See Karlowa, Rom. R.G. i. pp. 976 seq. ; Kruger, Quellen, § 4o. 12 Ed. Bluhme in Pertz's Monumenta German. Hist. Leges, iii. pp. 505 seq. (Hanover, 1863) ; ' de Sails See also:

• MONISM (from Gr. µ6vos, alone)

I. and u. p. 1 (Hanover, 1892). See Karlowa, Rom: R.G. 1. PP. 983-985. Edict of Theoderic. (529-531), his Institutes) (See also:

• NOVEMBER (Lat. novem, nine)

The emperor sometimes loved to ' pose as the See also:

• CHAMPION (Fr. champion, Late Lat. campio from campus; a field or open space, i.e. one " who takes the field " or fights; cf. Ger. Kampf, battle, and Kampfer, fighter)

A coIlotype, facsimile of the Florentine MS. of the Digest is also in course of publication in Italy. Fascicoli I.-VI. have already (1908) appeared (Rome, 1902-7). The best edition is that of T{riiger, forming vol. ii. of the Corpus Juris last mentioned. * The best edition is that of Schoen, completed by Kroll in 1895, and forming vol. iii. of the Corpus Juris last mentioned. It contains the Greek texts, Latin See also:

• VULGATE (from Lat. vulgus, the common people)

To expose a newborn child was forbidden under penalties. To take the life of a grown-up one—unless it was a daughter slain with her paramour in the act of See also:

• ADULTERY (from Lat. adulterium)

In every other See also:

• BRANCH (from the Fr. branche, late Lat. branca, an animal's paw)

Slavery was often converted into the milder condition of colonate; but, even where this did not happen, the rights of owners were not allowed to be abused; for slaves were permitted to claim the protection of the magistrate, and See also:

• CRUELTY (through the O. Fr. crualte, mod. cruaute, from the Lat. crudelitas)

came to be utilized first by the emperors, then by the church, and afterwards by municipalities and private landowners, for bringing into cultivation the large tracts of provincial See also:

• LAND

G. ii. pp. 1268 seq. The name comes from the obligation imposed upon the grantees to make plantations (itrpurebsty).tiones as the text says) without observance of statutory requirements. These were that he should intimate an intended alienation and the name of the intended alienee to the lord, so that the latter, before giving his assent, might satisfy himself that he would MA be a loser by the transaction; and, if the alienation was to be by sale, he had to state the See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

And a most important step in advance was taken by Justinian in. the recognition of the validity of an oral mortis causa trust; for he declared that, if it should be represented to a competent judge that a person on his death-See also:

• BED
• BED (a common Teutonic word, cf. German Bett, probably connected with the Indo-European root bhodh, seen in the Lat. fodere, to dig; so " a dug-out place " for safe resting, or in the same sense as a garden " bed ")

The enactment enumerated certain grounds upon which alone it should be lawful for a parent to disinherit his child or a child his parent; declaring that in every case of disherison the reason of it should be stated in the testament, but giving leave to the person disinherited to dispute and disprove the facts when the testament was opened. If a child who had not been disinherited—and one improperly disinherited was eventually in the same position—was not instituted to some share, however small, of his parent's hereditas, he was entitled to have the testament declared null in so far as the institutions in it were concerned, thus opening the succession to himself and the other heirs-at-law, but without affecting See also:

• ACCESSORY

Commentaries and general summaries were forbidden under heavy penalties, as an interference with the imperial prerogative of interpretation.' But these prohibitions do not seem to have been enforced, as we have accounts and remains not only of translations but of commentaries, notes, abridgments, excerpts and general summaries even in Justinian's lifetime. These, it is true, were mostly by professors (antecessores), and their productions may have been intended primarily for educational purposes; but they soon passed into the hands of the practitioners and were used without See also:

• SCRUPLE

Leo's son, See also:

• CONSTANTINUS

Heimbach, 6 Vols. with Latin translation (and in 1846 a supplement by Zachariae a Lingenthal), Leipzig, 1833-70. A new supplement forming vol. 7, by Ferrini and Mercati, was published in 1897. 4 For the history of Byzantine law subsequent to Justinian, see Zachariae, Geschichte des Griechisch.-Rom. Rechts (3rd ed., 1892), and Historia juris Graeco-Romani (1839); Mortreuil, Histoire du droil byzantin (3 vols., 1843-46). to some extent into use in Italy is beyond question; for there is pre-served in See also:

• MARINI (or MARINO), GIAMBATTISTA (1569-1625)

Apart from these remains a word may here be said about the work of the glossarists.' It was at the very end of the i Ith century The that at the law school of Bologna, then under the guidance The of the celebrated Irnerius, the study of Roman law began ios somewhat suddenly to attract students from all parts of See also:

• ISIS (Egyptian Ese)

Litt. d. rent. R. See also:

• IM(K2+a2+h2—2 ah cos 0)

Two other works attributed to Irnerius, called respectively Quaestiones de Subiilitatibus Juris and a See also:

• TREATISE

3–38), and Digestum Novum (books 39 to the end). The manuscripts of these, as used by the glossarists, are called the Vulgate (lectio Vulgate), to distinguish them from the Florentine Manuscript (lectio Pisana), on which, indeed (or on the same original source as it), they were probably all primarily based, but from which, as far at least as book 33, they varied in numerous readings. The historical explanation of the cause of this just-mentioned threefold division is given by Mommsen in. the See also:

• PREFACE (Med. Lat. prefatia, for classical praefatio, praefari, to speak beforehand)

Among the pioneers in this new method, to, whom the name of Humanists has been given, must be specially mentioned Alciatus (1492-1540), Cujacius (1522–1590) and Donellus (1527-1991). Medievalism has passed away, and with these jurists began what has been called the modern Roman law, to describe which, however, is entirely beyond the province of this article. (H.