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GLOSSARY This list of tenns is not a complete glossary but a series of notes on some of the words we found difficult to translate. Words with technical meanings that can be found in standard dictionaries are not defined here (e.g. metropolitan). We have also given references where the word is used in this translation of the Treatise on Laws or in the Digest or Institutes of Justinian. act, see ordinance. canon (canon). In the broader sense, any ecclesiastical ordinance (qv). In the narrower sense, an enactment (qv) issued by a Church council. D. 3 c. 1; DD. 15-16. capitulum (plural: capitula). We have left this technical word for the excerpts from canonical sources included in the Decretum in its Latin fonn. Neither of the usual translations, "chapter" and "canon," are satisfactory. Even when it refers to the Bible, chapter means a much larger division of a text, and most of Gratian's selections are not canons (qv) in the strict sense. cretion (cretio). There is no convenient way to translate this Roman law tenn. It means the fonnal declaration by an heir that he will accept an inheritance. This fonn of acceptance was no longer in use by the time of Justinian. D. 1 c. 12 ยง 2. custom (consuetudo). A usage (qv) that has been observed for a period of time with the intention that it become nonnative. It has the same legal force as an ordinance (qv), even though it is neither written nor formally enacted. D. 1 c. 5. DD.8, 11, 12. decree (decretum). An enactment (qv) by the pope issued by his own authority. Decretum is also used as a short title for Gratian's Harmony ofDiscordant Canons. DD. 19-20. degraded (infamosus, infamia). Since "infamous" has taken on a wholly different meaning in English, we have had to make do with this inadequate translation of the penalty of "infamy." It entailed the loss of legal rights and disqualification from office. deified (divus). An honorific given to a Roman emperor who had been declared a god after death. This translation seemed more suitable and intelligible than the traditional "divine." In the Christian period its use can only be explained as inveterate habit. For medieval Christians the word also meant "saint." 118 GLOSSARY decretal letter (epistola decretalis). A letter issued by the pope that answers an inquiry concerning some point of law. The letter has legal force. Such letters are sometimes referred to as "decretals." DO. 19-20. defense (exceptio). In Romano-canonical procedure, the defendant's reply to the allegations made by the plaintiff. Made in writing, it does not deny the allegation but adduces some circumstance that would bar the plaintiff's claim. Or, some item of law or fact alleged by the defendant to bar the plaintiff's claim. edict (edictum). In these texts, usually a proclamation by a magistrate or by the emperor issued by his own authority. Occasionally this term refers to the body of rules issued in Roman times by the praetor to extend the remedies allowed under civil law (qv). 0.2. c.4. enactment (constitutio). This is the most general term for any kind of legislation, ecclesiastical or secular. We have avoided the traditional translation "constitution" because in common usage this refers to the basic law of a state. D. 2 c. 4; Dig. 1. 4. equity (aequitas). The principles of fairness that underlie all law. They may be invoked to qualify or override unreasonable ordinances (qv). heir, direct (heres suus). A Roman law term referring to the son in a father's power who would automatically inherit the estate of an intestate or who is named as heir in a will. One who is outside the father's power but named as heir is an "outsider" (qv). Instit. 1. 6. 1-2; 2. 14; 2. 19; 3. 1. indiction (indictio). A Roman tax cycle of fifteen years, established by Constantine, at the end of which property would be revalued for the next cycle. Although this tax system fell from use the indiction cycle continued to be used in dating documents. interdict (interdictum). In civil law, an order issued by a magistrate in an administrative capacity that will give rise to a formal proceeding if ignored. In ecclesiastical law, a sanction applied to a person (personal), the entire population (general), place (local), or some particular group (partial). It suspends the celebration of most of the sacraments , but does not impose excommunication. jurists' opinions (responsa). Authoritative replies...

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