The Digest of Justinian, Volume 4
Publication Year: 2011
When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law.
Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson.
Published by: University of Pennsylvania Press
Cover
Title Page, Copyright
CONTENTS
PREFACE TO THE PAPERBACK EDITION
This is corrected edition, minus the Latin text, of the four-volume The Digest of Justinian, Latin text edited by Theodor Mommsen with the aid of Paul Krueger, English translation edited by Alan Watson, published by University of Pennsylvania Press in 1985...
GLOSSARY
BOOK FORTY-ONE
1. ACQUISITION OF OWNERSHIP OF THINGS
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pp. 1-15
GAIUS, Common Matters or Golden Things, book 2: Of some things we acquire ownership under the law of nations which is observed, by natural reason, among all men generally, of others under the civil law which is peculiar to our city. And since the law of nations is the older, being the product of human nature itself, it is necessary to...
2. ACQUISITION AND LOSS OF POSSESSION
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pp. 16-31
The younger Nerva says that the ownership of things originated in natural possession and that a relic thereof survives in the attitude to those things which are taken on land, sea, or in the air; for such things forthwith become the property of those who first take possession of them. In like manner, things captured in war, islands arising in the sea, and gems...
3. USUCAPIONS AND USURPATIONS
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pp. 31-40
GAlUS, Provincial Edict, book 21: Usucapion was introduced for the public weal, to wit, that the ownership of certain things should not be for a long period, possibly permanently, uncertain, granted that the period of time prescribed should suffice for owners to inquire after their property...
4. USUCAPION AS PURCHASER
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pp. 40-44
PAUL, Edict, book 54: A person possesses as purchaser who genuinely purchases a thing, and it is not sufficient for him simply to be of the belief that he possess as purchaser; there must be an underlying purchase. Now if, thinking that I have to, I deliver a thing to you who are unaware of my belief, you will usucapt...
5. USUCAPION AS HEIR OR AS POSSESSOR
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pp. 44-
JULIAN, Digest, book 44: A person granted missio in possessionem for the preservation of legacies does not interrupt the possession of one usucapting as heir, because he holds the thing only for safekeeping. What, then, is the position? Even if usucapion be completed, such person will still retain his lien, so that he will not withdraw unless...
6. USUCAPION ON THE GROUND OF GIFT
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pp. 44-45
PAUL, Edict, book 54: A person usucapts on the ground of gift to whom the thing was delivered by way of gift; it is not enough that he should think that there has been a gift; there must in fact be a gift. 1. If a head of household gives something to his son-in-power and then dies, the son will not usucapt the thing on the ground of gift because...
7. USUCAPION ON THE GROUND OF ABANDONMENT
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pp. 45-46
PAUL, Edict, book 54: If we know that the owner regards a thing as abandoned, we can acquire it. 1. Now Proculus says that such a thing does not cease to be the owner's until it is possessed by another; but Julian says that it no longer belongs to the abandoner but will become another's only when taken into possession; and that is...
8. USUCAPION ON THE GROUND OF LEGACY
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pp. 46-
PAUL, Edict, book 54: A thing can be usucapted on the ground of legacy, whether it be the testator's own or that of someone else, if it has been bequeathed but it is not known that it has been adeemed in codicils. For in their case, there is a lawful ground which suffices for usucapion. The same may be said, if there be uncertainty of identity...
9. USUCAPION ON THE GROUND OF DOWRY
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pp. 47-
ULPIAN, Sabinus, book 31: A most fitting title to usucapion is that styled "on the ground of dowry" whereby one who receives a thing by way of dowry can usucapt over the fixed period over which men usucapt as purcahsers. 1. It matters not whether individual things or a collectivity of them be given in dowry. 2. Now we will first...
10. USUCAPION FOR ONESELF
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pp. 47-48
ULPIAN, Edict, book 15: This is the nature of possession for oneself; when we believe that we have acquired ownership of a thing, we possess it both on the ground of acquisition and for ourselves; for instance, on the ground of purchase, I possess both as purchaser and for myself, and similarly, I possess a thing given or bequeathed to me...
BOOK FORTY-TWO
1. JUDGMENT AND THE EFFECT OF JUDICIAL DECISIONS AND INTERLOCUTORY PROCEEDINGS
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pp. 49-58
ULPIAN, Edict, book 6: One sitting in judgment does not always observes the usual period of trial, but sometimes abridges proceedings and sometimes adjourns proceedings by reason of the nature and magnitude of the issue or the submission or obstinacy of the parties. Very rarely, judgments are executed before the statutory period, for...
2. THOSE WHO ADMIT THEIR LIABILITY
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pp. 58-59
PAUL, Plautius, book 9: Julian says that one admitting liability to hand over a certain legacy is to be condemned, even though the legacy does not exist, and if it has ceased to exist, he is to be condemned for its value; for one admitting liability is regarded as if judgment had been pronounced against him...
3. SURRENDER TO BANKRUPTCY
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pp. 59-60
ULPIAN, Edict, book 6.4: If someone who has surrendered to bankruptcy later acquire some modest competence after the sale of his assets, there will be no second sale. Now on what basis do we assess the extent of his acquisition, on the quantity or rather on the quality of it? I think the quantity, provided that we bear in mind that if...
4. THE GROUNDS ON WHICH MISSIO IN POSSESSIONEM IS GRANTED
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pp. 60-63
ULPIAN, Edict, book 12: There are virtually on which people are granted missio in possessionem: to preserve the cause, to preserve legacies, and on behalf of an unborn child. For, where no cautio is given in respect of threatened damage, there is no general missio in possessionem, but only...
5. THINGS TO BE SEIZED AND SOLD BY A JUDGE'S AUTHORITY
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pp. 63-69
PAUL, Edict, book 57: If a slave be instituted heir under a condition and there be doubt whether he will become heir and free, it can fairly be decreed, on the application of creditors of the estate, that if he does not become heir within a given period, matters are to proceed entirely as though he had not been instituted heir. This applies...
6. SEPARATIONS
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pp. 69-72
ULPIAN, Edict, book 64: One must know that separation is applied for under a decree of the praetor. 1. There follow the grounds on which creditors will be granted separation: Suppose that someone had Seius as his heir; Seius dies, leaving as his heir Titius who is insolvent and suffers the sale of his estate on bankruptcy...
7. THE APPOINTMENT OF A CURATOR FOR AN ESTATE
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pp. 72-73
PAUL, Edict, book 57: If someone be instituted heir under a condition, he has to comply with it, if he can, or if he says that he will not accept the inheritance even if the condition be realized, the deceased's estate will be sold. 1. But if this be difficult to effect, a curator is to be appointed and the estate not sold. 2. Should there be a...
8. RESTORATION OF WHAT IS DONE IN FRAUD OF CREDITORS
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pp. 73-80
ULPIAN, Edict, book 66: The praetor says: "In respect of transactions for the purpose of fraud, entered into with one privy to the fraud, I will give an action, within a year from the time that proceedings may first be taken, to the curator of the estate or the person to whom an action should be granted in the matter. I will grant it also...
BOOK FORTY-THREE
1. INTERDICTS OR ACTIONS EXTRA ORDINEM IN PLACE OF INTERDICTS
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pp. 81-82
ULPIAN, Edict, book 67: Let us see to what things interdicts apply. It should be known that they apply to things both divine and human. Divine are such as sacred and religious places. Interdicts with respect to things human apply either to what belongs to somebody or to what belongs to nobody. Belonging to nobody are free persons for...
2. INTERDICTS FOR BONORUM POSSESSIO
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pp. 82-
ULPIAN, Edict, book 67: The praetor says: "Of the property of which possession has been given to such a one under my edict, you are to restore to him whatever you possess from that property as heir or possessor, or would possess if nothing had been acquired by usucapion, and whatever you have fraudulently arranged to pass from your...
3. INTERDICTS FOR RECOVERY OF LEGACIES
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pp. 82-84
ULPIAN, Edict, book 67: 1. This interdict is commonly called "for the recovery of legacies." 2. It is for obtaining possession, and its object is that whoever has taken possession of something under pretext of a legacy but against the wish of the heir should restore it to the heir. For the praetor held it to be absolutely fair that nobody...
4. TO FORBID THE USE OF FORCE AGAINST SOMEONE SENT TO TAKE POSSESSION
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pp. 84-85
ULPIAN, Edict, book 72: The praetor says: "If anyone should fraudulently prevent a person from obtaining bonorum possessio by my authority, or the authority of the person who had the jurisdiction, I will grant an action in factum against him for the value of the property on account of which missio in...
5. THE PRODUCTION OF DOCUMENTS
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pp. 85-87
ULPIAN, Edict, book 68: The praetor says: "Such documents as Lucius Titius is said to have left relevant to the question of his will, if these are in your possession or you have fraudulently arranged for them to leave it, you must produce them for such a one. And if any memorandum or anything else is said to have been left, I shall include them in this...
6. TO PREVENT ANYTHING FROM BEING DONE IN A SACRED PLACE
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pp. 87-
ULPIAN, Edict, book 68: The praetor says: "I forbid doing anything in a sacred place, or introducing anything into it." 1. This interdict applies to a sacred place, not to a sacristy. 2. The praetor's words forbidding the doing of anything in a sacred place apply not to what is done to embellish it, but to its defacement and to nuisance...
7. PUBLIC PLACES AND WAYS
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pp. 87-
ULPIAN, Sabinus, book 33: Local roads established by private contributions of land of which there is no longer any recollection are included among public ways. 1. But between these and other, military roads there is this difference, that military roads terminate at the seashore, in cities, public rivers, or another military...
8. TO PREVENT ANYTHING FROM BEING DONE IN PUBLIC PLACES OR WAYS
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pp. 87-91
ULPIAN, Edict, book 68: The praetor says: "You are not to do anything in a public place, or introduce anything into it, which could cause any damage to such a one, except for what has been permitted to you by statue, senatus consultum, or edict, or decree of the emperor. Against what has been done I will grant...
9. ENJOYMENT OF A PUBLIC PLACE
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pp. 91-
ULPIAN, Edict, book 68: The praetor says: "I forbid violence to be used to prevent a lessee or his partner from enjoying under the law of lease a public place which he has leased from someone entitled to let it." 1. It is obvious that this interdict is provided for public welfare. For in forbidding force against the lessee it safeguards the public...
10. A PUBLIC STREET AND IF ANYTHING IS SAID TO HAVE BEEN DONE IN IT
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pp. 91-
PAPINIAN, Care of Cities: The city overseers are to take care of the streets of the city, so that they are kept level, so that houses are not damaged by overflows, and so that there are bridges where they are needed. 1. And they are to take care that private walls and enclosure walls of houses facing the street are not in bad repair, so...
11. REPAIRING A PUBLIC ROAD AND WAY
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pp. 91-92
PAPINIAN, Care of Cities: The city overseers are to take care of the streets of the city, so that they are kept level, so that houses are not damaged by overflows, and so that there are bridges where they are needed. 1. And they are to take care that private walls and enclosure walls of houses facing the street are not in bad repair, so...
12. RIVERS: TO PREVENT ANYTHING FROM BEING DONE IN A PUBLIC RIVER, OR ON ITS BANK, TO HAMPER NAVIGATION
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pp. 92-94
ULPIAN, Edict, book 68: The praetor says: "You are not to do anything in a public river or on its bank, nor put anything into a public river or onto its bank, which makes the landing or passage of a boat worse." 1. A river is distinguished from a stream by size, or by the opinion of the surrounding inhabitants. 2. Some rivers are perennial...
13. THAT NOTHING SHOULD BE DONE IN A PUBLIC RIVER WHICH MIGHT CAUSE THE WATER TO FLOW OTHERWISE THAN IT DID LAST SUMMER
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pp. 94-95
ULPIAN, Edict, book 68: The praetor says: "I forbid anything to be done in a public river or on its bank, or anything to be introduced into a public river or on its bank, which might cause the water to flow otherwise than it did last summer." 1. By this interdict the praetor has made provision against a river's drying up because of unauthorized...
14. TO ALLOW NAVIGATION IN A PUBLIC RIVER
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pp. 95-
ULPIAN, Edict, book 68: The praetor says: "I forbid the use of force against such a one to prevent him from traveling in a boat or raft in a public river, or loading or unloading on its bank. I will also ensure by interdict that he be allowed to navigate a public lake, canal, or pool." 1. This interdict provides that nobody should be...
15. BUILDING-UP A BANK
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pp. 95-96
ULPIAN, Edict, book 68: The praetor says: "I forbid the use of force to prevent such a one from doing any work in a public river or on its bank for the purpose of protecting the bank or the field which adjoins the bank, provided that navigation is not made worse by it, if a cautio or security is given to you for ten years for threatened damage...
16. FORCE AND ARMED FORCE
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pp. 96-102
ULPIAN, Edict, book 69: The praetor says: "Where by force you, or your staff of slaves, have ejected such a one, I will grant a judgment about that place within a year with respect to what he had there then, and after a year with respect to what has come into the hands of the person who forcibly ejected him." 1. This interdict is provided...
17. THE POSSESSION OF LAND
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pp. 102-104
ULPIAN, Edict, book 69: The praetor says: "Insofar as you do not possess the house in question by force or stealth or precarium the one from another, I forbid the use of force for you so to possess it. I will not give this interdict for drains, or for more than the property is worth. I will permit proceedings within a year from when it is first...
18. SUPERFICIES
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pp. 104-105
ULPIAN, Edict, book 70: The praetor says: "Insofar as under the law of letting or lease of the superficies in question you are enjoying not by force, stealth, or precarium the one from the other, I forbid the use ofiorce to prevent you from enjoying it. If any other action on supeficies is demanded, I will grant it upon cause...
19. PRIVATE RIGHT OF WAY IN PERSON AND WITH CATTLE
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pp. 105-108
ULPIAN, Edict, book 70: The praetor says: "I forbid the use of force to prevent you from using the private right of way in person or with cattle that is in question, which you have used this year not by force or stealth or precarium from such a one." 1. This interdict is for prohibition. Its object is the protection of only rural...
20. DAILY AND SUMMER WATER
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pp. 108-113
ULPIAN, Edict, book 70: The praetor says: "Insofar as you have this year drawn off water in question not by force or stealth or precarium from such a one, I forbid force to be used to prevent you from drawing it off in this manner." 1. This interdict is for prohibition and for restitution in the meantime, and applies...
21. WATERCOURSES
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pp. 113-114
ULPIAN, Edict, book 70: The praetor says: forbid the use of force to prevent such a one from repairing or cleaning for the purpose of drawing off water, watercourses, culverts, or sluices, provided that he does not draw off water in any other way than he drew from you last summer not by force, stealth, or precarium." 1. This...
22. SPRINGS
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pp. 114-115
ULPIAN, Edict, book 70: The praetor says: "Insofar as you have used water from the spring in question this year not by force, stealth, or precarium, I forbid the use of force to prevent your using it in this manner. I will give the same interdict on lakes, wells, and fishponds." 1. This interdict is provided for someone who is prevented...
23. DRAINS
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pp. 115-116
ULPIAN, Edict, book 71:The praetor says: "I forbid the use of force to prevent you from cleaning and repairing the drain in question, which reaches from his house to yours. I will give orders for a cautio to be furnished for threatened damage by any faulty carrying out of the work." 1. Under this title, the praetor has placed two...
24. AGAINST FORCE OR STEALTH
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pp. 116-124
ULPIAN, Edict, book 71: The praetor says: "You are to make good what has been done by force or stealth in the property in question, as there is the power of resorting to proceedings." 1. This interdict is for restitution, and by its means the cunning of those who are gaining certain objects by force or stealth is opposed; for they are...
25. WITHDRAWAL OF NOTICE
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pp. 125-
ULPIAN, Edict, book 71: The praetor says: "Where such a one has the right to prohibit something from being done against his will, the notice against it will hold good. Otherwise, I declare the notice withdrawn." 1. Under this title withdrawals are proposed. 2. And the praetor's words show that the withdrawal is only made where the...
26. PRECARIUM
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pp. 125-128
ULPIAN, Institutes, book 1: Precarium is what is conceded to one who asks for it for his use as long as the person who made the concession suffers it. 1. This kind of liberality derives from the law of nations. 2. And it differs from a gift in that someone who makes a gift does it on terms of not getting it back, whereas someone who...
27. FELLING TREES
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pp. 128-129
ULPIAN, Edict, book 71: The praetor says: "I forbid the use of force to prevent such a one from removing and having for himself the tree which overhangs his house from your house, if it is your fault that you are not removing it." 1. This interdict is for prohibition. 2. If a tree overhangs someone else's house, should the praetor order its...
28. GATHERING ACORNS
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pp. 129-
ULPIAN, Edict, book 71: The praetor says: "I forbid the use of force to prevent such a one from gathering and taking away also on the third day the acorns which fall from his field into yours." 1. All fruits are included under the term...
29. PRODUCTION OF A FREEMAN
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pp. 129-131
ULPIAN, Edict, book 71: And for this the lex Fabia makes provision also. Nor does this interdict preclude proceedings under the lex Fabia. For it will be possible to bring an action under this interdict and to lay an accusation under the lex Fabia all the same. And conversely whoever has taken...
30. PRODUCTION OF CHILDREN AND THEIR ABDUCTION
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pp. 131-132
ULPIAN, Edict, book 71: The praetor says: "You are to produce the person who is in the power of Lucius Titius, if he or she is in your keeping, or you have fraudulently arranged for him or her not to be in your keeping." 1. This interdict is provided against anyone who is required by someone to produce somebody who, he says, is in his power. And from the...
31. POSSESSION
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pp. 132-
ULPIAN, Edict, book 72: The praetor says: "From wherever the man in question has been for the greater part of this year, I forbid the use of force for such a one to take him away." 1. This interdict is applicable to the possession of movable property. It has come to have a force equal to the interdict for the possession...
32. MOVING
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pp. 132-133
ULPIAN, Edict, book 73: The praetor says: "If the man in question is not included in the agreement between you and the plaintiff, according to which all things introduced or imported into the dwelling in question, or born or made there, should be a pledge to you for the rent of the dwelling; or if he is included among those things but the rent...
33. THE SALVIAN INTERDICT
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pp. 133-
JULIAN, Digest, book 49: If a tenant brings a female slave on the farm by way of pledge and sells her, then to secure what is born to her when she is in the keeping of the buyer, an effective interdict should be granted. 1. If the tenant has by way of pledge brought property to a farm belonging to two persons, so as to provide security...
BOOK FORTY-FOUR
1. DEFENSES, PRAESCRIPTIONES, AND PREJUDGMENTS
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pp. 134-136
ULPIAN, Edict, book 74: A defense has been described as some kind of bar which used to be raised against the action of any party in order to shut out whatever has been introduced into the intentio or into the condemnation. 1. Replications are nothing else than defenses which come from the side of the plaintiff; and, indeed, they...
2. THE DEFENSE OF RES JUDICATA
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pp. 136-142
ULPIAN, Edict, book 2: Since cases decided between some persons cause no prejudice to third parties, an action based on a will, in which freedom or a legacy was given, can be brought, even if the will is held to be rescinded or to be invalidated or to be not lawful; and even if the said legatee were defeated, prejudice is not caused to the gift of freedom...
3. THE VARIOUS PERIODS OF PRAESCRIPTIONES AND THE ACCESSION OF POSSESSION
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pp. 142-144
ULPIAN, Edict, book 74: Because the question of dies utiles is frequent, let us see what it means to have a power to sue. And, indeed, the principal requirement is that there be a power to bring an action. And it is not sufficient to have a power to go to court against a defendant or to have someone fit...
4. THE DEFENSE OF FRAUD AND THAT OF DURESS
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pp. 145-151
PAUL, Edict, book 71: In order that this defense can be more clearly understood, let us first examine the reason why it has been established, and, then, in what manner fraud is committed, and by that we shall understand when the defense avails; thereafter, the persons against whom it has application. And, lastly, we shall investigate the periods within...
5. IN WHICH CASES AN ACTION IS NOT GIVEN
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pp. 152-153
ULPIAN, Edict, book 76: An oath not undeservedly occupies the role of res judicata, since the person himself made his adversary judge of his own cause when he tendered an oath to him. 1. If a pupillus has tendered an oath without the authority of his tutor, we shall say that the defense [of an oath] is not available, unless the tender was made on...
6. PROPERTY SUBJECT TO LITIGATION
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pp. 153-
ULPIAN, Edict, book 76: A notice given to prevent a sale does not cause the property to be subject to litigation. 1. If joinder of issue has occurred between Primus and Secundus and I bought the property from Tertius who had no part in the dispute, let us see whether there is room for the defense. And I would think that relief ought to be given to me because...
7. OBLIGATIONS AND ACTIONS
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pp. 153-162
GAIUS, Golden Words, book 2: Obligations arise either from contract or from wrongdoing or by some special right from various types of causes. 1. Contractual obligations are concluded either by delivery of a thing or by words or by consent. 2. An obligation by delivery [real obligation] is concluded by giving a loan...
BOOK FORTY-FIVE
1. VERBAL CONTRACTS
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pp. 163-191
ULPIAN, Sabinus, book 48: A stipulation can only be effected when both parties can speak, and therefore neither a mute nor a deaf person nor an infans can contract a stipulation; nor, indeed, can someone who is not present, since they should both be able to hear. If, therefore, such a person wishes to take a stipulation, he does so...
2. A PLURALITY OF PARTIES
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pp. 191-194
ULPIAN, Sabinus, book 47: In the case of two co-promisors, there is no need to fear a novation; for although one answers first and the other becomes bound later on, it is logical to say that the original obligation continues and the later one is accessory to it; and it does not matter if they make their promises at the same time or separately...
3. THE STIPULATION OF SLAVES
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pp. 194-199
JULIAN, Digest, book 52: When a slave stipulates, it does not matter whether he stipulates for payment to himself or his master, or indeed without the addition of either. 1. If your slave was acting as my slave in good faith and had a peculium which belonged to you, and I lend a sum of money from it to Titius, the coins will remain...
BOOK FORTY-SIX
1. SURETIES AND MANDATORS
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pp. 201-211
ULPIAN, Sabinus, book 43: One who promises satisfaction is deemed to have honored the stipulation for satisfaction, if he provides, as an ancillary debtor, one who can incur an obligation and be sued. But if he produces a slave or a son-in-power, in cases where an action on the peculium will not lie, or a woman who can invoke the...
2. NOVATIONS AND DELEGATIONS
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pp. 211-216
ULPIAN, Sabinus, book 46: Novation is the transformation and metamorphosis of an earlier debt into another obligation, whether civil or natural. This happens when, from the preceding cause, a new [obligation] is so constituted that the former one is destroyed. For novation derives its designation from novelty and new...
3. PERFORMANCES AND RELEASES
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pp. 216-235
ULPIAN, Sabinus, book 43: Whenever a debtor under several heads pays one debt, it is in his choice which debt he wishes to discharge and the one he names will be discharged; for we are able to state terms on what we pay. But every time that we do not specify which is being paid, it is the recipient who may elect to which debt he will allot...
4. FORMAL RELEASES
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pp. 235-238
ULPIAN, Sabinus, book 47: Where several stipulations have been taken, should the debtor seek release thus: "Have you received what I promised you?" Then, assuming that it be clear what is intended, only that obligation is discharged by the formal release; should that not be clear, there is release from all the stipulations. We must...
5. PRAETORIAN STIPULATIONS
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pp. 238-240
ULPIAN, Edict, book 70: There appear to be three types of praetorian stipulation: judicial, by way of security, and common. 1. We style judicial those which, in respect of litigation, are interposed that [the decision] be ratified, that it will be discharged and that form a declaration in connection with a new...
6. THAT THE PROPERTY OF A PUPILLUS OR A YOUTH BE INTACT
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pp. 240-241
ULPIAN, Edict, book 79: not that he acquires at law thereby for the pupillus (nor does he acquire himself) but he effects it that the pupillus acquires an actio utilis on the stipulation. 1. The undertaking to the pupillus by this stipulation is one of security...
7. THAT A JUDGMENT BE PERFORMED
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pp. 241-245
ULPIAN, Edict, book 77: Should a person about to go before some judge stipulate that the judgment be performed and his action in fact proceeds before a different judge, the stipulation is not enforceable, because the sureties did not submit themselves to the ruling of this judge. 1. A procurator, tutor, or curator can put...
8. CONFIRMATION AND RATIFICATION
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pp. 245-249
PAPINIAN, Questions, book 28: When someone stipulates concerning ratification, then, although it is not he personally who is sued by the principal but another who cannot be brought to court, still, if he ratifies it, it is settled that the stipulation is operative, just as when a surety is sued or one of two promisors who is a partner...
BOOK FORTY-SEVEN
1. PRIVATE DELICTS
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pp. 250-251
ULPIAN, Sabinus, book 41: It is the established rule of the civil law that heirs and other successors are not liable in penal actions, and so they cannot be sued for theft. But although they are not liable to the action for theft, they should be liable to the action for production, if they are in possession of or have fraudulently ceased to...
2. THEFTS
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pp. 251-273
PAUL, Edict, book 39: Theft, says Labeo, derives its name from the dark, that is, from black; it is what happens furtively and by stealth, most frequently by night; for Sabinus, it comes from fraud; or it comes from taking and carrying away or from the language of the Greeks who style thieves...
3. INCORPORATED MATERIAL
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pp. 273-
ULPIAN, Edict, book 37: The Law of the Twelve Tables does not allow one to extract a stolen beam from a building or to vindicate one connected with vines (the statue prudently thus effects it that buildings should not on this account be destroyed and that viniculture should not be disturbed); but the statute gives an action for twofold...
4. A SLAVE, DIRECTED IN THE WILL TO BECOME FREE, IS ALLEGED TO HAVE STOLEN OR DESTROYED SOMETHING AFTER THE DEATH OF HIS OWNER BUT BEFORE THEINHERITANCE HAS BEEN ACCEPTED
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pp. 273-275
ULPIAN, Edict, book 38: If it be alleged that through the guile of a slave, directed to be free, something be done, after the death of his master and before acceptance of the inheritance, whereby something from the estate of the manumitter does not come into the hands of the latter's heir, an action for twofold will lie against him for a year of days...
5. THE ACTION FOR THEFT AGAINST SHIPS' MASTERS, INNKEEPERS, AND LIVERYMEN
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pp. 275-
ULPIAN, Edict, book 38: If a theft be said to have been committed by those who operate ships, inns, or livery stables or by anyone whom they have on their ship or premises, an action will be given, whether the theft be committed by the act and intent of the shipper or of those who were on the ship to sail her. 1. This last we must...
6. IF A FAMILY OF SLAVES BE SAID TO HAVE COMMITTED THEFT
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pp. 275-277
ULPIAN, Edict, book 38: The praetor propounded a most valuable edict whereby to safeguard masters against the delicts of their slaves, namely that if several commit a delict, masters shall not be stripped of their patrimony by being obliged to surrender them all noxally or to pay damages in respect of each of them. By this edict, the ruling...
7. TREES SECRETLY FELLED
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pp. 277-
PAUL, Sabinus, book 9: Should trees be secretly felled, Labeo says that an action can be given both under the lex Aquilia and under the Twelve Tables; but Trebatius says that each should be so granted that the judge in the second action should deduct what the plaintiff recovered in the first action and condemn for the balance...
8. GOODS TAKEN BY FORCE AND ON TUMULT
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pp. 279-282
PAUL, Edict, book 22: A person who forcible takes something is liable for both non-manifest theft for twofold and for taking goods by force for fourfold. If the action for taking by force be brought first, the action for theft will be refused; but if the action for theft be brought first, the other will lie to recover the balance available...
9. FIRE, COLLAPSE OF BUILDINGS, SHIPWRECK, RAFT, AND SHIP TAKEN BY STORM
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pp. 282-285
ULPIAN, Edict, book 56: The praetor says: "If a man be said to have looted or wrongfully received anything from a fire, a building that has collapsed, a wreck, or a stormed raft or ship or to have inflicted any loss on such things, I will give against him an action for fourfold in the year when proceedings could first be taken on the matter...
10. CONTUMELIES AND DEFAMATORY WRITINGS
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pp. 285-297
ULPIAN, Edict, book 56: Wrong is so called from that which happens not rightly; for everything which does not come about rightly is said to occur wrongfully. This in general. But, specifically, "wrong" is the designation for contumely. Sometimes again, by the term "wrong" there is indicated damage occasioned by fault, as we say in respect...
11. EXTRAORDINARY CRIMES
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pp. 298-299
PAUL, Views, book 5: Those who intrude upon or disturb the marriage of others, even if they cannot be charged with a particular crime, are punished by extraordinary process by reason of their proclivity for base desires. 1. It is an affront contrary to sound morals when a person showers another with excrement, smears him with mud...
12. VIOLATION OF A TOMB
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pp. 299-301
ULPIAN, Praetor's Edict, book 18: If someone destroy a tomb, the action under the lex Aquilia no longer has any application; the [interdict] against force or stealth will have to be brought; Celsus says the same in respect of a statue torn from a funeral monument. He also asks whether something which was not...
13. EXTORTION WITH MENACES
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pp. 301-
MACER, Public Prosecutions, book 1: The process for extortion is not public; but if a person receive money because he has threatened to accuse someone, there can be a public prosecution under the senatus consulta which extend the penalty of the lex Cornelia to those who conspire to accuse the innocent or who accept money for laying...
14. CATTLE THIEVES
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pp. 301-302
ULPIAN, Duties of Proconsul, book 8: On the punishment of cattle thieves, the deified Hadrian sent the following rescript to the council of Baetica: "Since cattle thieves are to be most severely punished, they are usually condemned to death. But condign punishment does not apply everywhere but only in places where this sort of offense is...
15. COLLUSION
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pp. 302-303
ULPIAN, Praetor's Edict, book 6: A double dealing prosecutor, a prevaricator, is like one straddling both sides; for he assists the other party, betraying his own client. Labeo says that the term derives from a manifold contest; for the prevaricator acts on both sides, not on one alone. 1. He is properly called a prevaricator who...
16. HARBORERS
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pp. 303-
MARCIAN, Public Prosecutions, book 2: Of the basest is the class of harborers without whom no one could long lie low; and it is ordained that they should be treated like brigands. Those who, when they could apprehend brigands, let them go on receipts of money or a share of their loot, are in the same...
17. THIEVES WHO LURK ABOUT BATHS
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pp. 303-304
ULPIAN, Duties of Proconsul, book 8: Thieves by night are to be dealt with by extraordinary process and, on the investigation of the matter being completed, punished, provided that we bear in mind that a reasonable limit of temporary forced labor be not exceeded. The same applies to thieves from the baths. But if...
18. BREAKERS OUT OR IN AND ROBBERS
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pp. 304-
ULPIAN, Duties of the Proconsul, book 8: The deified brothers, in a rescript to Aemilius Tiro, ruled that those who break out of prison and escape are to be punished. And Saturninus endorses the view that those who break out of prison, whether by breaking down the doors or through a conspiracy with others...
19. THE DESPOILED INHERITANCE
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pp. 304-305
ULPIAN, Duties of Proconsul, book 9: If a charge of despoiling an inheritance be laid, the provincial governor must arrange to investigate it; for, where no action for theft can be brought, there remains only the aid of the governor. 1. It is clear that this offense can be alleged in a case where no action for theft...
20. SWINDLING
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pp. 305-
ULPIAN, Duties of Proconsul, book 8: A charge of swindling is a matter for investigation by the provincial governor. 1. It should be known that this charge can be leveled against those guilty of fraud but against whom no specific offense can be alleged. For what the action for fraud is in the field of private litigation...
21. REMOVAL OF A BOUNDARY STONE
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pp. 306-
CALLISTRATUS, Judicial Examinations, book 3: The deified Hadrian issued a rescript in the following form: "There can be no doubt that those who move stones set to mark boundaries are guilty of a most heinous act. The extent of the penalty, however, should be determined in the light of the rank and intent of the offender. If those...
22. COLLEGIA AND ASSOCIATIONS
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pp. 306-307
MARCIAN, Institutes, book 3: Provincial governors are directed by imperial instructions not to tolerate secret social collegia and that soldiers are not to form collegia in camp. But the lower orders are allowed to pay a small monthly fee, provided that they meet only once a month, lest an unlawful association be created under this guise. And...
23. POPULAR ACTIONS
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pp. 307-308
ULPIAN, Edict, book 1: But, if proceedings be brought more than once on the same ground, the common defense of res judicata will lie. 1. In the case of popular actions, preference is given to the person who has an interest in bringing the proceedings...
BOOK FORTY-EIGHT
1. CRIMINAL PROCEEDINGS
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pp. 309-310
MACER, Criminal Proceedings, book 1: Not all trials in which an offense is concerned are public criminal trials, but only those which arise from the statues on criminal proceedings, such as the lex Julia on treason, the lex Julia on adultery, the lex Cornelia on murderers and poisoners...
2. ACCUSATIONS AND INDICTMENTS
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pp. 310-314
PAPINIAN, Adulteries, book 1: In certain cases, women are allowed to bring a public accusation, for instance, if they are pursuing the death of those persons, male or female, against whom, under the statute on criminal [proceedings], they do not give testimony against their will. And the senate made similar provision in...
3. CUSTODY AND PRODUCTION OF PERSONS CHARGED
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pp. 314-316
ULPIAN, Duties of Proconsul, book 2: The proconsul normally determines the custody of accused persons, whether someone is to be lodged in prison, handed over to the military, entrusted to sureties, or even on his own recognizances. He normally does this by reference to the nature of the charge brought, the honorable status, or...
4. LEX JULIA ON TREASON
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pp. 316-318
ULPIAN, Duties of Proconsul, book 7: Closest to sacrilege is that crime which is called treason. 1. The crime of treason is that which is committed against the Roman people or against their safety. He is liable, by whose agency a plan is formed with malicious intent to kill hostages without the command of the emperor; or that men armed with weapons or...
5. LEX JULIA ON PUNISHING ADULTERIES
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pp. 318-330
ULPIAN, Disputations, book 8: In the lex Julia it is laid down that anyone who has to begin with the male adulterer because the woman has married [again] before the notification [of intended prosecution], cannot arrive at [an action against] the woman unless he has completed [the action against] the man. But no one is regarded as having...
6. LEX JULIA ON VIS PUBLICA
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pp. 330-331
MARCIAN, Institutes, book 14: Under the same heading come those who have entered into a conspiracy to raise a mob or a sedition or who keep either slaves or freemen under arms. 1. A man is also liable under the same statute if, being of full age, he appears in public with a missile weapon. 2. Under the same heading come...
7. LEX JULIA ON VIS PRIVATA
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pp. 331-332
MARCIAN, Institutes, book 14: Under the lex Julia, one third of the property of anyone condemned for vis privata is to be confiscated, and it is laid down that he may not be a senator or decurion, nor hold any office, nor sit in that ordo, nor be a judge; and by senatus consultum he shall...
8. LEX CORNELIA ON MURDERERS AND POISONERS
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pp. 332-335
MARCIAN, Institutes, book 14: Under the lex Cornelia on murderers and poisoners, someone is liable who kills any man or by whose malicious intent a fire is set; or who goes about with a weapon for the purpose of homicide or a theft; or who, being a magistrate or presiding over a criminal trial, arranged for someone to give false evidence...
9. LEX POMPEZA ON PARRICIDES
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pp. 335-336
MARCIAN Institutes, book 14: By the lex Pompeia on parricides it is laid down that anyone who kills his father, mother, grandfather, grandmother, brother, sister, first cousin on the father's side, first cousin on the mother's side, paternal or maternal uncle, paternal [or maternal] aunt, first cousin (male or female) by mother's sister,...
10. LEX CORNELIA ON FALSEHOODS AND THE SENATUS CONSULTUM LIBONIANUM
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pp. 336-343
MARCIAN, Institutes, book 14: The penalty of the lex Cornelia is imposed on a person who with malicious intent conspires for the giving of false witness or the delivering one after another of false evidence. Again, he who takes money for furnishing advocacy or evidence or makes an agreement [or] forms a conspiracy to ensnare the...
11. LEX JULIA ON EXTORTION
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pp. 344-345
MARCIAN, Institutes, book 14: The lex Julia on extortion applies to those monies taken by anyone holding a magistracy, a position of power or administration, a legateship, or any other office, duty, or public employment, or while he is on the staff of any of these. 1. The law makes an exception for those from whom...
12. LEX JULIA ON THE CORN SUPPLY
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pp. 345-
ULPIAN, Duties of Proconsul, book 9: The lex Julia on the corn supply lays down a penalty for the man who does something prejudicial to the corn supply or who enters into a partnership with the intention of putting up the price of the corn supply. 1. The same statute contains a provision that no one is to hold back a ship or a ship master or...
13. LEX JULIA ON EMBEZZLEMENT [OF PUBLIC MONEY], ON SACRILEGE, AND ON MONEYS REMAINING
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pp. 345-347
ULPIAN, Sabinus, book 44: It is provided by the lex Julia on embezzlement [of public money] that no one is to take [anything] away from any money dedicated to sacred or religious or public purposes, nor divert it, nor to convert it, unless he is a person to whom this is permitted by statute. Nor is anyone...
14. THE LEX JULIA ON ELECTORAL CORRUPTION
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pp. 348-
MODESTINUS, Punishments, book 2: This law is nowadays of no effect in Rome, since the creation of magistrates is a matter for the attention of the emperor and not for the favor of the people. 1. But if anyone in a municipality seeks a magistracy or a priesthood contrary to this statute, he is punished by...
15. LEX FABIA ON KIDNAPPERS
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pp. 348-349
ULPIAN, Duties of Proconsul, book 9: You should know that the lex Fabia does not apply to those who have sold absent slaves whom they own; for it is one thing to be absent and another to be on the run. 1. Again, it does not apply to a man who has given a mandate that a runaway slave be pursued and sold...
16. SENATUS CONSULTUM TURPlLLlANUM AND THE ANNULMENT OF CHARGES
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pp. 349-353
MARCIAN, The Senatus Consultum Turpillianum, sole book: Rashness in accusers is revealed in three ways and subject to three penalties: they may calumniate, prevaricate, or tergiversate. 1. Calumny is the bringing of false charges, prevarication the concealment of genuine ones, while tergiversation means the complete abandonment...
17. WANTED PERSONS OR THOSE WHO MAY BE CONDEMNED IN THEIR ABSENCE
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pp. 353-354
MARCIAN, Criminal [Proceedings], book 2: The deified Severus and Antoninus the Great wrote in a rescript that no one should be punished in his absence; and we apply this rule, that absent persons should not be condemned; for the argument of justice does not permit of a person's being condemned without his case being heard...
18. INVESTIGATIONS
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pp. 354-359
ULPIAN, Duties of Proconsul, book 8: It is customary for torture to be applied to unearth crimes; but let us see when and how far this should be done. The deified Augustus laid down that one should not begin with the application of pain, and that reliance should not be placed entirely on torture, as is contained also in the deified...
19. PUNISHMENTS
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pp. 359-368
ULPIAN, Disputations, book 8: Whenever an investigation is made into an offense, it is accepted that [the accused] should suffer, not the punishment which his status allows at the time when sentence is passed on him but that which he would have undergone if he had been sentenced at the time he committed the offense. 1. Similarly, if a...
20. PROPERTY OF CONDEMNED PERSONS
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pp. 368-371
CALLISTRATUS, Law of the Imperial Treasury and the People, book 1: On [a man's] condemnation to lose life or citizenship or to be reduced to slavery, [his] property is confiscated. 1. Although [children] conceived before but born after condemnation take their portions from the property of their condemned fathers. 2. However, children...
21. PROPERTY OF PERSONS WHO BEFORE SENTENCE HAVE EITHER COMMITTED SUICIDE OR CORRUPTED THEIR ACCUSER
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pp. 371-373
ULPIAN, Disputations, book 8: In capital charges, it has been decreed by the emperors that to have corrupted his opponent does not injure the person charged, but [this applies] only in those [charges] which carry the death penalty; for they have ruled that a man should be pardoned for wanting to save his neck by any means...
22. PERSONS UNDER INTERDICT RELEGATED AND DEPORTED
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pp. 373-376
POMPONIUS, Sabinus, book 4: A chapter of the deified Trajan's rescript to Didius Secundus: "I know that by reason of the avarice of former times the property of relegated persons was claimed by the imperial treasury. But it is otherwise agreeable to my clemency, since I have left this example among the others...
23. THOSE WHO HAVE SERVED THEIR SENTENCE AND BEEN REINSTATED
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pp. 377-
ULPIAN, Edict, book 38: A patron who has been deported and reinstated is allowed to inherit from his freedman. 1. But if he be reinstated after condemnation to the mines, would his having been a servus poenae extinguish his right of patronage, even after his reinstatement? The prevailing view is that the slavery would not extinguish...
24. DEAD BODIES OF PUNISHED PERSONS
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pp. 377-
ULPIAN, Duties of Proconsul, book 9: The bodies of those who suffer capital punishment are not to be refused to their relatives; and the deified Augustus writes in the tenth book of his de Vita Sua that he also had observed this [custom]. Today, however, the bodies of those who are executed are not buried otherwise than if this had been...
BOOK FORTY-NINE
1. APPEALS AND REFERRALS
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pp. 378-383
ULPIAN, Appeals, book 1: As everybody knows, the practice of appeals is both frequent and necessary, inasmuch as it corrects the partiality or inexperience of judges; not but what it may sometimes alter well-delivered judgments for the worse, for it is not [necessarily] the case that the last person to pronounce judgment judges better. 1. Is it possible for an...
2. PERSONS FROM WHOM IT IS NOT PERMITTED TO APPEAL
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pp. 383-
ULPIAN, Appeals, book 1: We must deal [with those persons] from whom it is not lawful to appeal. 1. It is indeed pointless to caution you that it is not possible to appeal from the emperor, since it would be to him himself that the appeal would lie. 2. You should know that it is not possible to appeal from the senate to the...
3. WHO MAY APPEAL FROM WHOM
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pp. 383-
ULPIAN, Appeals, book 1: The phrase "the appeal lies to the person who appointed the judge" is to be understood as enabling an appeal to his successor. Similarly, if the urban prefect or the praetorian prefect appoints a judge, he who appointed the judge should hear the appeal. 1. A person who entrusts jurisdiction to another...
4. WHEN AN APPEAL IS TO BE MADE AND WITHIN WHAT TIMES
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pp. 383-385
ULPIAN, Appeals, book 1: If a provincial governor registers someone on the list for deportation to an island and writes to the emperor [for permission] to deport him, let us see when an appeal should be made, whether when the emperor writes [back to the governor] or when he is written to [by the governor]. I would think that the appeal...
5. WHETHER APPEALS ARE TO BE ACCEPTED OR NOT
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pp. 385-386
ULPIAN, Edict, book 29: It is not customary for appellants to be heard except those whose interest is affected, or who have been given a mandate, or who are without authorization administering another's business which will however shortly be ratified. 1. But also when a mother appeals as one who is concerned that her son's property was ruined by a...
6. LETTERS OF REPORT WHICH ARE KNOWN AS APOSTOLI
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pp. 386-
MARCIAN, Appeals, book 2: After the lodging of the appeal, [the judge] from whom the appeal is made must send letters to the person who is to hear the appeal, whether the emperor or someone else; these letters are called letters of report or [libelli] apostoli. 1. The tenor of the letters is as follows: for example, that Lucius Titius has appealed from the judgment of [Gaius] which...
7. NOTHING NEW IS TO BE DONE ONCE THE APPEAL HAS BEEN LODGED
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pp. 386-387
ULPIAN, Appeals, book 4: Once an appeal is lodged, whether it was accepted or not, nothing new should be done in the meantime; this is because the appeal has now been accepted, if it has, or, if it has not been accepted, in order to avoid any prejudice to the consideration of whether the appeal should be accepted or not. 1. Once the appeal has been accepted, however, nothing new...
8. JUDGMENTS WHICH MAY BE RESCINDED WITHOUT AN APPEAL
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pp. 387-
MACER, Appeals, book 2: We must remember that if the question is asked whether judgment has been given or not, and the judge of the case states that judgment has not been given, [in that case] even if judgment was given, it is rescinded without the need for an appeal. 1. Again, if there is stated to have been an error in the calculation of the...
9. WHETHER GROUNDS OF APPEALS CAN BE GIVEN BY A THIRD PARTY
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pp. 388-
ULPIAN, Appeals, book 4: The question is regularly asked whether grounds of appeal can be given by a third party, a thing which is frequently at issue in financial and in criminal cases. There are rescripts to the effect that this can be done in financial cases. The words of [one] rescript are as follows: "The deified brothers to Longinus. If...
10. IF A TUTOR OR A CURATOR OR AN ELECTED MAGISTRATE APPEALS
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pp. 388-
ULPIAN, Duties of Consul, book 3: Any persons, nominated to public duties, who appeal and do not prove their case, are to know that it is on their own heads if the res publica has suffered any loss through the delay caused by their appeal. But if it appears that it was unavoidable for them to have appealed, the governor or the emperor...
11. THE APPELLANT TO DEFEND HIMSELF IN [HIS OWN] PROVINCE
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pp. 388-
ULPIAN, Appeals, book 4: The deified brothers wrote in a rescript to Decimius Philo that a person who has appealed should make his defense to any other actions that he has in [his own] province, even if he goes outside it for the purposes of his appeal...
12. [AN APPELLANT] MAY BE REQUIRED TO PLEAD ANOTHER ACTION BEFORE [A JUDGE] FROM WHOM HE IS APPEALING
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pp. 389-
ULPIAN, Appeals, book 4: Let us see whether, if a person appeals from a judge in one action, he is required to accept the same judge in another. We nowadays follow the legal principle that even if an appeal has been lodged, a person is still compelled to plead any other actions that he has before the same judge from whom he appealed. Nor is he to use this as a pretext on the...
13. IF DEATH OCCURS WHILE AN APPEAL IS PENDING
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pp. 389-
MACER, Appeals, book 2: On the death of the appellant, if he has no heir, then the appeal, whatever sort it was, becomes void. If, however, there is an heir to the appellant, then if it is not in any other party's interest for the grounds of appeal to be given, he is not to be obliged to pursue the appeal; if however, it is in the interest of the...
14. RIGHTS OF THE IMPERIAL TREASURY
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pp. 389-399
CALLISTRATUS, Rights of the Imperial Treasury, book 1: There are various reasons for which a denunciation is customarily made to the imperial treasury. For either someone make a declaration that he cannot take that which was left to him tacitly, or he is forestalled by someone else and denounced; or because...
15. PRISONERS OF WAR, POSTLIMINIUM, AND PERSONS RANSOMED FROM THE ENEMY
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pp. 399-406
MARCELLUS, Digest, book 22: That for which the slave of a person who has been captured by the enemy subsequently stipulates, or any legacy which may come to his slave after he has passed into the hands of the enemy, shall be the property of his heirs because, if he had died in the course of his captivity, it would have been acquired...
16. MILITARY LAW
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pp. 407-411
ARRIUS MENANDER, Military Law, book 1: Soldiers' crimes or offenses are either peculiar or common to other men; and accordingly, their prosecution is either peculiar or common. A peculiar military crime is one which a man commits in his capacity as a soldier. 1. It is reckoned a serious offense for a man who may not lawfully...
17. PECULIUM CASTRENSE
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pp. 411-415
TERTULLIAN, Peculium Castrense, sole book: A soldier ought to have exclusive rights in those things which he took with him into the army with his father's permission. 1. A son always has a right to bring an action and a claim over his military property, even against his father's wishes. 2. If a pater familias offers himself for adrogation, either during his...
18. VETERANS
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pp. 415-
ULPIAN, Opinions, book 3: The exemption [from public burdens] granted to those who have been honorably discharged from their military oath holds good even in those civitates in which they live; nor is that [exemption] undermined if one of them undertakes an office or a public duty of his own free will. 1. All persons are liable...
BOOK FIFTY
1. MUNICIPES AND FOREIGN RESIDENTS
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pp. 416-421
ULPIAN, Edict, book 2: Either birth or manumission or adoption makes a man a municeps. 1. And, indeed, properly speaking those are called munera, who have been admitted to civitas in order to perform munera with us; but now we loosely call municipes the members of any particular community, as for instance, Campani or Puteolani. 2. So anyone who is born from two...
2. DECURIONS AND THEIR SONS
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pp. 422-424
ULPIAN, Disputations, book 1: Anyone who has been temporarily exiled, if he is a decurion, ceases to be a decurion. If he returns, he will clearly not recover his position, but is not debarred from ever becoming a decurion again. In any case, he will not be restored to his own position (for it is indeed possible for someone to be co-opted into...
3. COMPILING THE LIST OF MEMBERS
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pp. 424-
ULPIAN, Duties of Proconsul, book 3: Decurions must be recorded in the list, as the municipal charter prescribes; but if the charter does not cover a case, then rank will need to be considered, so that they are recorded in the same order as that in which they each held the highest office of the municipality: thus, first those who have held the...
4. MUNERA AND OFFICES
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pp. 425-430
HERMOGENIAN, Epitomes, book 1: Among civil munera, some attach to a patrimonium, others to persons. 1. Patrimonial munera are those relating to the land transport system and to the office of navicularius; the office of decemprimi, for these men collect the regular taxes at their own risk. 2. Personal civil munera are the defense...
5. RELEASE AND EXEMPTION FROM MUNERA
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pp. 430-432
ULPIAN, Opinions, book 2: Every dispensation rests on its own equity. But if credit is given to those who make some claim, without anyone judging the issues, or permission is given at random to everyone to excuse themselves as they please without prescription of time, there will be one one to undertake necessary...
6. THE RIGHT OF IMMUNITY
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pp. 432-434
ULPIAN, Opinions, book 3: Those who are in ships solely in order to work on them for the sake of business do not have immunity from civil munera by any constitutio. 1. Immunities granted to individuals are not transmitted to heirs. 2. And even those which are granted to and preserved by a family and its descendants do not belong to...
7. EMBASSIES
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pp. 434-436
ULPIAN, Opinions, book 2: An ambassador can ask the emperor for something through an intermediary against the interests of the community of which he is the ambassador. 1. A man must establish before the ordo of his patria whether he abandoned an embassy or suffered an unavoidable...
8. THE ADMINISTRATION OF PROPERTY BELONGING TO THE [PROVINCIAL] COMMUNITIES
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pp. 436-438
ULPIAN, Opinions, book 3: It is by no means appropriate for the basis of earlier contracts of hire, which had their own formats, to be investigated starting from a later contract. 1. Anything which a man is debarred from doing in his own person he is also debarred from doing through a subordinate. And so if a decurion through...
9. DECREES MADE BY AN ORDO
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pp. 438-439
ULPIAN, Opinions, book 3: The decision on the doctors to be included within a prescribed number is not entrusted to the governor of a province but to the ordo and the landholders of each community, so that they themselves, being certain about their uprightness and skill, may choose men to whom they may entrust themselves and their...
10. PUBLIC WORKS
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pp. 439-440
ULPIAN, Opinions, book 2: Someone appointed as a curator of works and prevented by prescription from the implementation of release, while he leaves his heirs bound under the heading of noncompletion, to which he was subject as long as he lived, does not subject them to any burden which relates to the period falling...
11. MARKETS
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pp. 440-
CALLISTRATUS, Judicial Examinations, book 3: If the actual farmers or fishermen have been ordered to bring things into a city to sell them themselves, the supply of corn will be interrupted when the country people leave their work; they ought, as soon as they have brought their wares in, to hand them over and return to...
12. UNDERTAKINGS
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pp. 440-443
ULPIAN, Duties of Curator Rei Publicae, sole book: If someone has undertaken to build something for a community or to give money, he will not be liable for interest; but if he starts to delay, interest will accrue, as is laid down in a rescript of our emperor with his deified father. 1. But it must be realized that someone who has made...
13. VARIOUS AND EXTRAORDINARY JUDICIAL EXAMINATIONS AND IF A JUDGE IS SAID TO HAVE NEGLECTED HIS DUTY
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pp. 443-444
ULPIAN, All Seats of Judgment, book 8: The governor of a province regularly settles the law on salaries, but only for the teachers of the liberal pursuits. We regard as liberal pursuits those which the Greeks call eleutheria. Rhetors will be included, grammarians, geometricians. 1. The claim of doctors is the same as that of teachers,...
14. SLAVE-TRADING MATTERS
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pp. 445-
ULPIAN, Edict, book 31: If a slave-trader has become a surety in the recording of a debt, as many of them do, we must see if he can be held liable as a mandator. And I think that he cannot be held, since he rather indicates than mandates the debt, although he approves it. I hold the save view even if he has accepted something as an...
15. CENSUSES
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pp. 445-447
ULPIAN, Censuses, book 1: One must realize that there are some colonies with jus Italicum, as in Syria Phoenice, the most splendid colony of the Tyrians, which is my place of origin, outstanding in its territories, of very ancient foundation, powerful in war, always loyal to the treaty it made with the Romans; for the deified Severus and...
16. THE MEANING OF EXPRESSIONS
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pp. 447-470
ULPIAN, Edict, book 2: "Twenty miles a day are to be covered in the course of the journey" is to be understood in such a way that if, after this computation, less than twenty miles remain, the may occupy a whole day. Thus, if there are twenty-one miles, two days are allotted to them. This computation is of course...
17. VARIOUS RULES OF EARLY LAW
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pp. 470-483
PAUL, Plautius, book 16: A rule is something which briefly describes how a thing is. The law may not be derived from a rule, but a rule must arise from the law as it is. By means of a rule, therefore, a brief description of things is handed down, and as Sabinus says, is, as it were, the element of a case, which loses its force...
E-ISBN-13: 9780812205541
Print-ISBN-13: 9780812220360
Page Count: 768
Publication Year: 2011
Edition: Revised Edition
