An Introduction to the Study of Justinian's Digest: Containing an Account of Its Composition and of the Jurists Used Or Referred to Therein |
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Page xlix
... opinions had met most general acquiescence , and what contradictions and disputes still remained for decision . The Roman writers on law were evidently in the habit of quoting largely from their predecessors ( as was indeed almost ...
... opinions had met most general acquiescence , and what contradictions and disputes still remained for decision . The Roman writers on law were evidently in the habit of quoting largely from their predecessors ( as was indeed almost ...
Page lxxxiii
... books of responsa or epistulae or quaestiones , which probably con- tained cases on which they gave such authoritative opinions . Three constitutions however ( Cod . Theod . 1. 4 ) f2 Chap . v lxxxiii What Jurists were used for Digest.
... books of responsa or epistulae or quaestiones , which probably con- tained cases on which they gave such authoritative opinions . Three constitutions however ( Cod . Theod . 1. 4 ) f2 Chap . v lxxxiii What Jurists were used for Digest.
Page lxxxiv
... opinion is that this law was caused by the difficulty of the courts to know what writers they should admit as authorities , and which they ought to follow in case of differences . There was probably no list of lawyers who had received ...
... opinion is that this law was caused by the difficulty of the courts to know what writers they should admit as authorities , and which they ought to follow in case of differences . There was probably no list of lawyers who had received ...
Page lxxxv
... opinion of Scaevola or Julian should be authenticated by the comparison of More than one copy at least must be shewn ... opinion of Paul's or Ulpian's not to be counted at all , even if another jurist agreed ? or was it merely meant that ...
... opinion of Scaevola or Julian should be authenticated by the comparison of More than one copy at least must be shewn ... opinion of Paul's or Ulpian's not to be counted at all , even if another jurist agreed ? or was it merely meant that ...
Page lxxxvi
... opinion took the place now taken by the judge's decision : and there were introductions to the study of the law , short summaries of the principal doctrines , and collections of brief rules or principles for the practitioner's remem ...
... opinion took the place now taken by the judge's decision : and there were introductions to the study of the law , short summaries of the principal doctrines , and collections of brief rules or principles for the practitioner's remem ...
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Common terms and phrases
action adcrescendi adquiritur Aelius Antoninus Antoninus Pius Aquilia autem Brut Capito Caracalla Cassius causa Celsus Cicero Cincia Code commentary Commodus consul Digest Edict edictum edition eius emperor enim etiam extracts Florentine Index Gaius Gellius Hadrian heir hoc amplius Hommel's pages Huschke iniuria inscriptions Inst Institutes Iulianus iure iuris Javolen Julian jurists Justinian Labeo lawyers legacy legate legatus lege Libri libro Marcellus Marcian mentioned Mommsen Mucius Neratius Nerua Nerva nexum Ofilius opinion Papinian passages Paul PAULI Paulus Pius Pomponius potestate praetor Priscus probably Proculians Proculus prouinciale quae Quaestiones quaestor quam quod quoted referred rescript Responsa Roman Rutilius Sabinian Sabinus Scaevola scribit serui seruum Severus shew slaves sunt treatises Trebatius Tribonian Ulpian usufruct ususfructus writings wrote XLIX XVII XXXIII xxxiv XXXIX xxxv
Popular passages
Page ccxxxv - A monk of the abbey of Qemblours, who was in high repute at the end of the eleventh, and beginning of the twelfth century.
Page cxxix - ... bear the ills they have, than fly to others that they know not of.
Page clxii - Sticho quem promiserat, posse emendare eam moram postea offerendo: esse enim hanc quaestionem de bono et aequo: in quo genere plerumque sub auctoritate iuris scientiae perniciose, inquit, erratur.
Page lxv - Adoptio autem duobus modis fit, aut populi auctoritate, aut imperio magistratus, veluti praetoris. (99) Populi auctoritate adoptamus eos qui sui iuris sunt; quae species adoptionis dicitur adrogatio, quia et is qui adoptat rogatur, id est interrogatur, an velit eum quem adoptaturus sit iustum sibi filium esse; et is qui adoptatur rogatur, an id fieri patiatur; et populus rogatur, an id fieri iubeat.
Page lxvi - Adquiritur autem nobis non solum per nosmet ipsos, sed etiam per eos quos in potestate manu mancipioue...
Page lxvi - Igitur quod liberi nostri quos in potestate habemus, item quod servi nostn mancipio accipiunt, vel ex traditione nanciscuntur, sive quid stipulentur, vel ex aliqualibet causa adquirunt, id nobis adquiritur : ipse enim qui in potestate nostra est nihil suum habere potest...
Page lxxxiv - Ubi autem diversae sententiae proferuntur, potior numerus vincat auctorum, vel si numenis aequalis sit, ejus partis praecedat auctoritas in qua excellentis ingenii vir Papinianus emineat, qui ut singulos vincit, ita cedit duobus. Notas etiam Paulli atque Ulpiani in Papiniani corpus factas (sicut dudum statutum est) praecipimus infirmari'.
Page xxi - Such restless application prolonged his time for the acquisition of knowledge* and the despatch of business : and he might seriously deserve the reproach of confounding, by minute and preposterous diligence, the general order of his administration. The emperor professed himself a musician and architect, a poet and philosopher, a lawyer and theologian ; and if he failed in the enterprise of reconciling the Christian sects, the review of the Roman jurisprudence is a noble monument of his spirit and...
Page clxv - Siaipeaiv quod duobus generibus edicendum putavi. Quorum unum est provinciale in quo est de rationibus civitatum, de aere alieno, de usura, de syngraphis, in eodem omnia de publicanis...
Page lxxiv - Titio, sed soli socio quemadmodum fieret si duobus coniunctim et alter! separatim esset relictus. Sed qui diuersam sententiam probant, quid dicerent? utrum extraneo soli an etiam socio adcrescere? et qui Iulianum consuluit, ita consuluit an ad utrum pertineat, quasi possit et ipsi socio adcrescere. Atquin quod quis amittit secundum Pomponi sententiam ipsi non accedit.