17. VARIOUS RULES OF EARLY LAW
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470 BOOK FIFTYIRULES O F EARLY LAW was made in such a way that it rested on something such as timbers or beams which were fixed. 2. Labeo says that the lead which was fixed to tiles is part of a building but that that which was applied in order to cover an open space was not. 3. Labeo says that one calls a "widow" not only someone who was once married but also a woman who never had a husband, because the term bereft derives from the fact that the person is as it were destitute of reason, insane, without sense or sanity; likewise, the name of widow derives from the fact that she is alone. 4. Labeo says that the covering of some place made from planks which are removed in summer and put back in winter does form part of the house because they are intended for permanent use; nor does it make any difference that they are taken off at intervals. 243 SCAEVOLA, Digest, book 18: Scaevola replies: It has always been understood that in the designation of freedmen one also understands as being included those who are manumitted by the same will even in a lower position, unless the person from whom their freedom is being claimed shows that it is being claimed against the wish of the deceased person. 244 LABEO, Plausible Views, Epitomized by Paul, book 4:Any penalty is a fine and any fine is a penalty. PAUL:Both of these propositions are false. For the difference between the two things appears from this also that there is no appeal against a penalty; and at the same time anyone who is convicted of that crime for which a penalty is laid down must suffer it at once. But there is appeal against a fine, nor must it be paid unless no appeal has been lodged or the person appealing has failed; nor must it be paid unless it has been pronounced by someone who is entitled to pronounce it. The difference between the two things will also appear from this, that there are fixed penalties for individual crimes but that with fines it is in the power of the judge to prescribe the amount unless the amount is prescribed by law. 245 POMPONIUS, Letters, book 10: Statues fixed to masonry bases or pictures attached by chains or fixed to a wall, or lamps similarly fixed are not a part of a house; for they are required to decorate houses not in order to complete houses. Labeo holds the same view. 1. A porch, because again it is something which is usually included in a house, is part of a house. 246 POMPONIUS, Letters, book 16: The following plausible view is found in Labeo: A man who provides the presence of the person who is the subject of controversy exhibits him; for he also who places him provides the presence of the person who is the subject of controversy, but he does not, however, exhibit him; and someone who exhibits a mute or a madman or an infant cannot be regarded as providing his presence; for no one of that kind can properly be regarded as being present. 1. Someone has restored who provides not only the body but the entire thing and its entire associations with everything intact; and restitution is entirely a matter of the interpretation of the law. VARIOUS RULES OF EARLY LAW 1 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 470 BOOK FIFTY IRULES OF EARLY LAW was made in such a way that it rested on something such as timbers or beams which were fixed. 2. Labeo says that the lead which was fixed to tiles is part of a building but that that which was applied in order to cover an open space was not. 3. Labeo says that one calls a "widow" not only someone who was once married but also a woman who never had a husband, because the term bereft derives from the fact that the person is as it were destitute of reason, insane, without sense or sanity; likewise, the name of widow derives from the fact that she is alone. 4. Labeo says that the covering of...


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