6 wrote, amongst other things, 'Institutionum commentarii iv.,' 'Rerum quotidianarum (Aureorum) 1. viii.,' Ad 1. xii. tab. 1. vi.,' Ad 1. Pap. Popp. 1. xv.,' 'Ad Edict. Praet. urb.,' 'Ad edict. provinciale 1. xxxii.' 14. Sextus Caecilius Africanus, a pupil of Julian, and from Hadrian to Antoninus Pius, wrote 'Quaestionum" 1. ix.,' which became celebrated by their being a For the most proverbially hard to understand-the cases treated being tractat. difficult as well as from the profundity and acuteness which characterised the juristic deductions they presented. 15. Terentius Clemens: he wrote a Commentary to the 1. Papia Poppaea in twenty books. 16. L. Volusius Maecianus was a member of the cons. princ. under Antoninus Pius and Marcus Aurelius, and wrote 'De fideicommissis 1. xvi.,' and 'De publicis iudiciis 1. xiv.' 17. L. Ulpius Marcellus, under Antoninus, Marcus Aurelius and Commodus, was a member of the council and, besides being a military commander, was one of the most notable and most frequently cited jurists. His chief work was 'Digestorum 1. xxx.' part a Iuliano 18. Q. Cervidius Severus, from Marcus Aurelius to Septimius Severus, was a coryphaeus of classical Jurisprudence. He wrote Responsorum 1. vi.' and 'Digestorum 1. xl.' (a systematic collection of opinions), which are numbered amongst the most eminent products of the whole casuistical literature of Law, and I.e., Case Law. 'Quaestionum 1. xx.' Noteworthy in him is the terseness of treatment, the pregnant brevity of his decisions, and the thoroughness which characterised them. 19. Claudius Tryphoninus, under Severus and Caracalla, was a member of the council, and wrote 'Disputationum 1. xxi.,' which for the most part treat difficult questions of law after a casuistical method. About contemporary with him were 20. Callistratus, amongst whose works were 'Quaestionum 1. ii.,'' Institutionum 1. iii.,' and 'De cognitionibus 1. vi.' 21. Venuleius Saturninus: he wrote De actionibus 1. xv.,' ' De interdictis l. vi.,' and 'Stipulationum 1. xix.' 22. Aelius Marcianus: amongst his writings were 'Institutionum 1. xvi.,' 'Regularum 1. v.,' and 'Ad formulam hypothecariam.' 23. Aemilius Sacer, who wrote 'De appellationibus,' 'De publicis iudiciis,' and 'De re militari.' 24. Florentinus was the writer of Institutionum 1. xii.'-The following rank as the proper leaders of the classical jurisprudence. 25. Aemilius Papinianus. He was pupil of Cerv. Scaevola, was praefectus praetorio under Severus, and put to death by Caracalla because unwilling to justify the fratricide committed by the emperor. He was regarded by contemporaries and posterity alike as the greatest of all the jurists, and was held in extraordinary regard. His chief works, which likewise were incomparably eminent for juristic depth, acuteness and accuracy of expression, were 'Quaestionum 1. xxxviii.' and Responsorum 1. xix.' He 26. Domitius Ulpianus. He was a native of Tyre, assessor under Severus in the auditorium of Papinian, and, after having been banished by Caracalla, was finally praefectus praetorio under Alexander Severus, but was murdered by the Praetorians, 228 a.d. was one of those jurists of important literary productivity who was in most favour with practising lawyers. His writings are distinguished by great fulness of material and peculiarly practical treatment thereof in a lucid and exhaustive, although also sometimes rather loose, style. His chief works are Ad edictum 1. lxxxiii.,' 'Ad Salbinum 1. li.,' 'Ad 1. Pap. Popp. 1. xx.,' 'Disputationum 1. x.,' 'Opinionum l. vi.,' 'Fideicommissorum 1. vi.,' 'Institutionum 1. ii.,' 'Regularum 1. sing.,' altogether about 250 books. 27. Julius Paulus. He was pupil of Scaevola, assessor in the auditorium of Papinian, and praef. praetorio under Alexander Severus. While of like literary activity, in productive power and depth of conception surpassing Ulpian, he was that jurist's in- tinianae quae iv. (1879); Krü- 'Collectio libro (1834), 2 (1877). 28. Herennius Modestinus, a pupil of Ulpian, and Studemund: under the Severi and Gordian, had a reputation rum iur. antei.' not equal to the three last-named, and was the tom. 1, ed. ii. last of the classical jurists. Amongst his writings A work still were 'Excusationum l. vi.' (in Greek), 'Regularum notes is Schult1. x.,' 'Differentiarum 1. ix.,' 'Pandectarum 1. xiii.,' and vet. antel. c.not. 'Responsorum 1. xix.' useful for its ing, Iurisprud. varior.' (1737). 'Gali instit. comm. iv. cod. coll. apo To speak now of remains of the classical literature of the jurists." In their original purity-by imme- Veron, denuo diate transmission or through other collections of law, graphum in original form or in extracts-we are in possession, by Krüger and though in great part only fragmentarily, of the follow- Studem, in the ing: (1874), and edd. 'Collectio' cit. were Göschen (1866). See Huschke, 'Stu pp. 135, 897.3 I. GAII institutionum commentarii iv., discovered Earlier edd. by Niebuhr in 1816 in a palimpsest MS. preserved and Lachmann all but three leaves, yet not completely legible; of (1843), Böcking the library belonging to the Cathedral Chapter at further, Verona. It has been deciphered by Göschen, dien d. Rom. Bethmann-Hollweg and Bluhme. A recent and Rechts' (1830), fruitful revision of the text has been executed by Gaius Beitr. z. Studemund. The Institutes of Gaius altogether con- verstandn. s. stitute the first systematic Manual of the Roman Law Inst.' (1855). intended for elementary legal study: its significance d Variously and value are seen in the fact that it remained for all attributed to later times the foundation of legal study. 2. Fragmentum de iure fiscid discovered at same time as the Veronese Gaius, and edited Göschen, next by Böcking. 3. VLPIANI, lib. singularis regularum fragmenta) in a Vatican MS.-tituli ex Krit. u. z. Paul, and Ulp. e For his cdn. the of Ulp. Last edn. with fac Krüger (1868). (so-called 1.c. pp. 615.897. ; 'Coll.' cit. tom. corpore ii. pp. 162, 897 Recent edd. Ulpiani,' first discovered and edited by Joh. Tilius by Böcking 1.c. pp. 547; pp. I, 8qq. a (1855), Vahlen (1549). The work of Ulpian is here preserved (1856), Huschke, to us in its purity, but only in the form of an Krüger, 1.c. ii. epitome, and fragmentary: the conclusion in particular is wanting, besides perhaps a third part of the of the 'lib. sing.' Whole. Essentially according to the system of the New revision of Institutes of Gaius, and also akin to them in matter, See above mentioned edd. the MS. by Versuche' Krüger, Krit. this work gives a compressed sketch of the established (1870), pp. 140, principles of the Law in force, for didactic purposesa kind of repetitorium '—which has become famous Collectio cit. for the clearness and precision of its style. 8qq.; Huschke, 1.c. p. 601; p. 157; Bremer, 'de Ulp. instit.' (1863). c Cf. § 9. d Which can, however, be excerpts in Justinian's Digest, &c. edd. are 4. Two small fragments of VLPIANI institutiones,' discovered by Endlicher at Vienna in 1835.6 5. PAVLI sententiarum (receptarum) ad filium 1. v., supplied from preserved in the lex Romana Visigothorum. This treatise, which has been transmitted in comparative Most recent purity, with the omission nevertheless of many parts,d contains a collection in outline of the recognised. Huschke, l.c. p. principles of the whole Law, and arranged according 434; Krüger, to the system of the Edict with the interpolation of matters not adapted for that, and of the later imperial Law. It was for practical use, and later on was by Krüger, in invested with unlimited authority.e Arndts (1833); 1.c. p. 41. ✓ Deciphered and edited, the first by Mommsen, the others 'Monats berichte' of the Berlin Academy (1879, p. 363); and in Zschr. d. tung, Röm. ii. p. 83. 6. Three small fragments, one indeed from a Commentary on the Edict, the others from Papin. resp. p. 501; 1880, 1. V. ix., upon shreds of parchment much mutilated, which were found in Egypt.f-In a later and very Savigny-Stif- corrupt recension has been preserved the so-called Abth. i. p. 93, Fragm. veteris Iurisconsulti de iuris partibus et de manumissionibus,' in the interpretamenta—¿pμnvɛvμara— of the Magister Dositheus, a schoolbook designed for Scaevola, Pom- instruction in Latin and Greek, with grammar, glossary Edd. by Böck- and passages for translation. The Greek text of the ing (1832), and fragment contains a translation of the original, the Latin a translation back made by pupils, which is almost unmeaning. g Variously attributed to Gaius, Paulus, ponius. Not as sources of Law in the proper sense, but in that of sources of knowledge for the ante-Justinian law, come further the documents, preserved to us in inscriptions, relating to legal transactions and the like," amongst which the following deserve special Bruns, pp. attention. DOCUMENTS relating to LEGAL TRANSACTIONS. (a) Mancipationes: 1. Manc. fiduciae causa,' intended as a mortgage security, but only as a formula; found in Spain, 1867. a 180-234 für Rechts b Ed. and annot. by Degen2. Manc. donationis causa: Donatio Flavii Syn- kolb, Zschr. trophi,' with a preliminary penal proviso regulating gesch. ix. 117; the obligations of the donee. Don. Fl. Artemidori;' 52; and by 'Don. Statiae Irenes;' both with an appended proviso Krüger, Krit. on the part of the donee." by Rudorff, xi. Vers.' 41. © Ed. with Huschke (1838). (3) Contracts of purchase, with receipt of the con- commy. by tracting parties and a stipulation appended as to eviction guaranteed by sureties; contracts of loan, and contracts as to locatio operarum, upon triptycha,da See Smith, from the wax-tablets of Transylvania.' A locatio s. Tabulae.' operis (building contract) in the 'Lex parieti faciendo Puteolana,' (y) Decree of Curia of Puteoli whereby the 'solarium' to be rendered for a plot of ground upon which to build an urban structure is remitted on condition that the right of the superficiary shall lapse on the death of the occupier. It was discovered in 1861.e Diet. of Antiqq. e Ed. and explained by To these belong two Degenkolb, iv. 474 (8) Obligationes praediorum. tablets relating to Trajan's charity-fund for the relief Zschr. 1. R. G." of Italian orphans, in which the ground-owners, in whom the capital of that fund is invested at interest, convey certain pieces of their land by way of mortgage. 1. Tabula alimentaria Veleias (103 A.D.), discovered in 1747. 2. Tab. alim. Baebianorum (10I A D.), discovered in 1831f ✓ Ed. with commy. by (1) Testamentum Dasumii (109 A.D.), very frag- Henzen (1843) |