supposed to have referred chiefly to those who were rich, (qui essent CENSI, i. e. pecuniosi vel classici, those of the first class, Ascon. in Cic. Gell. vii. 13.) to prevent the extinction of opulent families.

Various arts were used to elude this law. Sometimes one left his fortune in trust to a friend, who should give it to a daughter or other female relation; but his friend could not be forced to do so, unless he inclined, Cic. de Fin. ii. 17. The law itself, however, like many others, on account of its severity fell into disuse, Gell. xx. 1.

THESE are almost all the Roman laws mentioned in the classics. Augustus, having been sole master of the empire, Tacit. An. i. 2. continued at first to enact laws in the ancient form, which were so many vestiges of expiring liberty, (vestigia morientius liberatis), as Tacitus calls them: But he afterwards, by the advice of Mecanas, Dio, lii. gradually introduced the custom of giving the force of laws to the decrees of the senate, and even to his own edicts. Tacit. Annal. iii. 28. His successors improved upon this example. The ancient manner of passing laws came to be entirely dropped. The decrees of the senate indeed, for form's sake, continued for a considerable time to be published; but at last these also were laid aside, and every thing was done according to the will of the prince.

The emperors ordained laws-1. By their answers to the applications made to them at home or from the provinces, (per RESCRIPTA ad LIBELLOS supplices, epistolas, vel preces).

2. By their decrees in judgment or sentences in court,(per DECRETA), which were either INTERLOCUTORY, i. e. such as related to any incidental point of law which might occur in the process; or DEFINITIVE, i. e. such as determined upon the merits of the cause itself, and the whole question.

3. By their occasional ordinances, (per EDICTA vel CONSTITUTIONES, and by their instructions (per MANDATA), to their lieutenants and officers.

These constitutions were either general, respecting the public at large; or special, relating to one person only, and there fore properly called PRIVILEGIA, privileges, Plin. Ep. x. 56, 57, but in a sense different from what it was used in under the republic. See p. 25.

The

The three great sources, therefore, of Roman ju isprudence were the laws, (LEGES), properly so called, the decrees of the senate, (SENATUS CONSULTA), and the edicts of the prince, (CONSTITUTIONES PRINCIPALES). To these may be added the edicts of the magistrates, chiefly the prætors, called JUS HONORARIUM, (see p. 122.) the opi nions of learned lawyers, (AUCTORITAS ve! RESPONSA PRUDENTUM, vel Juris consultorum, Cic. pro Muren. 13. Cæcin. 24.) and custom or long usage, (CONSUETUDO vel MOS MAJORUM, Gell. xi. 18.

The titles and heads of laws, as the titles and beginnings of books, (Ovid. Trist, i. 7. Martial. iii. 2.) used to be written with vermilion (rubricâ vel minio): Hence RUBRICA is put for the Civil law; thus, Rubrica vetavit, the laws have forbidder, Pers. v. 9o. Ali se ad ALBUM (i. e. jus prætorium, quia prætores edicta sua in albo proponebant), ac RUBRICAS (i. e. jus civile) transtulerunt, Quinctil. xii. 3. 11. Hence Juvenal, Perlege rubras majorum leges, Sat. xiv. 103.

The Constitutions of the emperors were collected by different lawyers. The chief of these were Gregory and Hermogenes, who flourished under Constantine. Their collections were called CODEX GREGORIANUS and CODEX HERMOGENIANUS. But these books were composed only by private persons. The first collection made by public authority, was that of the Emperor Theodosius the younger, published, A. C. 438, and called CODEX THEODOSIANUS. But it only contained the imperial constitutions from Constantine to his own time, for little more than an hundred years.

It was the emperor JUSTINIAN that first reduced the Roman law into a certain order. For this purpose he employed the assistance of the most eminent lawyers in the em pire, at the head of whom was TRIBONIAN.

Justinian first published a collection of the imperial constitutions, C. 529, called CODEX JUSTINIANUS.

Then he ordered a collection to be made of every thing that was useful inthe writings of the lawyers before his time, which are said to have amounted to 2000 volumes. This work was executed by Tribonian and sixteen associates in three years, although they had been allowed ten years to finish it. It was published, Á. 533, under the title of Digests or Pandects, (PANDECTA vel DIGESTA.)

It is sometimes

called in the singular, the Digest or Pandect. The same year were published the elements or first prin

ciples of the Roman law, composed by three men, Tribonian, Theophilus, and Dorotheus, and called the Institutes, (INSTI TUTA). This book was published before the Pandects, although it was composed after them.

As the first code did not appear sufficiently complete, and contained several things inconsistent with the Pandects, Tribonian and other four men were employed to correct it. A new code therefore was published xvi. Kal. Dec. 534, called CODEX REPETITÆ PRÆLECTONIS, and the former code declared to be of no further authority. Thus in six years was completed what is called CORPUS JURIS, the body of Roman law.

But when new questions arose, not contained in any of the above-mentioned books,newdecisions became necessary to supply what was wanting, or correct what was erroneous. These were afterwards published under the title of Novels, (NO. VELLÆ sc. constitutiones), not only by Justinian, but also by some of the succeeding emperors. So that the Corpus Juris Romani Civilis is made up of these books, the Institutes, Pandects or Digests, Code, and Novels.

The Institutes are divided into four books, each book into several titles or chapters, and each title into paragraphs (§) of which the first is not numbered ; thus Inst. lib. i. tit. x. cip. or more shortly, I. 1. 10. pr. So, Inst. l. i. tit. x. § 2. or, I. 1. 10. 2.

•prin

The pandects are divided into fifty books; each book into several titles; each title into several laws, which are distinguished by numbers; and sometimes one law into beginning (princ. for principium) and paragraphs; thus, D. 1. 1.5. i. e. Digest. first book, first title, fifth law. If the law is divided into paragraphs, a fourth number must be added; thus, D. 48. 5. 13. pr. or 48. 5. 13. 3. Sometimes the first word of the law, not the number, is cited. The Pandects are often mark, ed by a double f; thus,

The Code is cited in the same manner as the Pandects, by Book, Title, and Law: The Novels by their number, the chapters of that number, and the paragraphs, if any; as, Nov. 115.

€. 3.

The Justinian code of law was universally received through the Roman world. It flourished in the east until the taking of Constantinople by the Turks, A. 1453. In the west t was in a great measure suppressed by the irruption of the barbarous nations, till it was revived in Italy in the 12th century

by

by IRNERIUS, who had studied at Constantinople, and opened a school at Bologna under the auspices of Frederic I. Emperor of Germany. He was attended by an incredible. number of students from all parts, who propagated the knowledge of the Roman Civil law through most countries of Europe; where it still continues to be of great authority in courts of justice, and seems to promise, at least in point of legislation, the fulfilment of the famous prediction of the ancient Romans concerning the eternity of their empire.

JUDICIAL PROCEEDINGS of the

ROMANS.

THE Judicial Proceedings (JUDICIA) of the Roman were either Private or Public, or, as we express it, Civil or Criminal: (Omnia judicia aut distrahendarum controversiarum aut puniendorum maleficiorum causà reperta sunt), Cic. pro Cæcin. 2.

I. (JUDICIA PRIVATA), CIVIL TRIALS.

Judicia Privata, or Civil trials, were concerning private causes or differences between private persons, Cic. de Orat. i. 38. Top. 17. In these at first the kings presided, Dionys. x. 1. then the consuls, Id. & Liv. ii. 27. the military tribunes and decemviri, Id. iii. 33. but after the year 389, the Prætor Urbanus and Peregrinus. See p. 119.

The judicial power of the Prator Urbanus and Peregrinus was properly called JURISDICTIO, (quæ posita erat in edicto et ex edicto decretis ;) and of the prætors who presided at criminal trials, QUÆSTIO, Cic. Verr. i. 40, 41, 46, 47. &c. ii. 48. v. 14. Muran. 20. Flacc. 3. Tacit. Agric. 6.

T

The prætor might be applied to (ADIRI POTERAT, COPIAM vel POTESTATEM SUI FACIEBAT) on all court-days (diebus fastis;) but on certain days, he attended only to petitions or requests (POSTULATIONIBUS VACABAT;) so the consuls, Phn. Ep. vii. 33. and on others, to the examination of causes, (COGNITIONIBUS,) Plin. Ep. vii. 33.

On court-days early in the morning, the prætor went to the Forum, and there being seated on his tribunal, ordered an Accensus to call out to the people around that it was the third hour; and that whoever had any cause, (qui LEGE AGERE vellet,) might bring it before him. But this could only be done by a certain form.

I. VOCATIO in JUS, or Summoning to Court.

F a person had a quarrel with any one, he first tried to make it up, (litem componere vel dijudicare) in private, (intra parietes, Cic. pro P. Quinct. 5. 11. per disceptatores domesticos vel operâ amicorum, Cæcin, 2.)

If the matter could not be settled in this manner, Liv iv. 9. the plaintiff (ACTOR vel PETITOR) ordered his adversary to go with him before the prætor, (in jus vocabat), by saying, IN JUS VOCO TE: IN JUS EAMUS: IN JUS VENI: SEQUERE AD TRIBUNAL: IN JUS AMBULA, or the like, Ter. Phorm. v. 7. 43. and 88. If he refused, the prosecutor took some one present to witness, by saying, LICET ANTESTARI ? May I take you to witness? If the person consented, he offered the tip of his ear, (auriculam opponebat), which the prosecutor touched, Horat. Sat. i. g. v. 76. Plaut.Curcul. v. 2. See p. 57. Then the plaintiff might drag the defendant (reum) to court by force (in jus repere), in any way, even by the neck, (obtorto collo), Cic. et Plaut. Pæn. iii. 5. 45. according to the law of the Twelve Tables; SI CALVITUR (moratur) PEDEMVESTRUIT, (fugit vel fugam adornat,) MANUM ENDO JACITO, injicito,) Festus. But worthless persons, as thieves. robbers, &c. might be dragged before a judge without this formality, Plaut. Pers. iv. g. v. 10.

By the law of the Tweive Tables, none were excused from appearing in court; not even the aged, the sickly, and in