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the seven days he remains in the house, as when hs is carried to be buried. x

X Law. Let no man have mote than one funeral made for him, or than one bed put under him

XI. Law. Let no gold be used in any obsequies,unless the jaw of the deceased has been tied up with a gold thread. In that case die corps ■jay be interred or burnt with the gold thread.

XII. Law- For the future, let no sepulchre be built, or funeral pile vaised, within sixty feet of any house, without the consent of the «wner of the house.

XIII. Law. Prescription shall never be pleaded against a man's t-ight to his burial-place, or the entrance te it.



I- Law. Let all persons come with purity and piety to the assemblies of religion, and banish a" extravagance from thence. If any One does otherwise, iray the Gods themselves revenge it.

II. Law. Let no person have particular Gods of his own; or worship any new and foreign ones in private, unless they are authorised by publick authority.

III. Law. Let every one enjoy the temples consecrated by his forefathers, the sacred groves in his fields, and the oratories of his Lares. And let everyone observe the rites used in his own family, and by his ancestors, in the worship of his domestic Gods.

IV Law. Honour the Gods of Heaven, not only those who have always been esteemed such, but those likewise whose merit has raised them thither, as /{trades, Bacchus, JEsculapius, Castor, Pollux, and Romulus.

V. Law. Let those commendable qualities, by which heroes obtained Heaven, be ranked among the Gods, as Understanding, Virtur, Piety, Fidelity; and let temples be erected to them. But let no worship ever be paid to any vice.

VI. Law- Let the most authorised ceremonies be observed.

VII. Law. Let law-suits be suspended on festivals, and let the slaves have leave to celebrate them after they have done their work. That it may be known on what days they fall, let them beset down in the. calendars.


VIII. Law. Let the Priests offer up in sacrifice to the Gods, on certain days, the fruits of the earth, and berries: And on other days abundance of milk, and young victims. For fear this ceremony should be omitted, the Priests shall end their year with it. Let them likewise take care to chuse for every God the victim he likes. Lettbrr: be priests appointed for some Gods, Flamines for others, and ^ontifica 'to preside over them all.

IX. Law. Let no woman be present at the sacrifices which are offered up in the night, except at those which are made for the people, with the usual ceremonies. Nor let any one be initiated in any mysteries brought from Greece, but those of Ceres.

X Law. If any one steals what belongs, or is devoted to the God;. let him be punished as a Parricide.

XI. Law. Leave perjury to be punished with death by the Gods, ar* let it be punished with perpetual disgrace by men.

XII. Law. Letthe Pontifices punish incest with death.

XIII. Law. Let every one strictly perform his vows: But let M wicked person dare to make any offerings to the Gods.

XIV. Law- Let no man dedicate his field to the service of the iltar; and let him be discreet in his offerings of gold, silver, or ivorrLet no man dedicate a litigated estate to the Gods: if he does, he shall jjay double the value of it to him whose right it shall appear to be.

XV. Law. Let every man constantly observe his family-festivals.

XVI. Law. Let him who has been guilty of any of those faults, whicl jnake men execrable, and are not to be atoned for by expiations, be deemed impious. But let the priests expiate such as are to be expiated



I. Law. When a woman shall have cohabited with a man for a whole year, without having been three nights absent from him, let her be deemed his wife.

II. Law. If a man catches his wife in adultery, or finds her drunk, he may, with the consent of her relations, punish her even with death.

III. Law. When a man will put away his wife, the fbrtn of doing it shall be by taking from her the keys of the house, and giving her what she brought. This shall be the manner of a divorce.

IV. Law. A child born of a widow, in the tenth month after the decease of her husband, shall be deemed legitimate.

V. Law. It shall not be lawful for the Patricians to intermarry with the Plebeians.

Frou Beaver's Translation or Ferriere's HistoryPage 166.


As it is necessary in the first place, to know how to make use of the quotations which we meet with in the books of the civil taw; and to find out the several laws quoted by authors; I thought it my business to lay down some rules lor that purpose.

The body of the civil law, as we said before, is composed of four parts, the digest, code, institutes and novels.

The laws of the digest, are generally quoted by the first word, and number of the law; lor instance, Lege siauis tertia Digestisde jure codicillorum; sometimes the number only, or the first word of the law from whence the quotation is taken, is set down.

When a law is divided into several paragraphs, after the number of the law, that of the paragraph, or the first word of it, is set down; for example, Lege 32. § 11. Digestis de donationibus inter virum et uxorem.

Sometimes a law of a title in the digest, is quoted by the first word only, with the title, without mentioning whether it be out of the digest or code; and in that case, it is an indication that the law quoted is in the collection before spoken of; that is, in the digest or code, according as they were before mentioned.

The laws of the code, are quoted after the same manner as those of the digest.

The paragraphs of the institutes, are quoted after the same manner as the laws of the digest or code; thus a paragraph of the institutes is quoted, by shewing the number, and mentioning the first word of the paragraph, or by either; but the title under which the paragraph \s, must always be mentioned, as thus, paragrapho testes 15. Institution^ bus, or else apud J'ustinianum de testamentis ordinandis.

The novels are quoted by th *ir number, with that of the chapter and the paragraph: For example, Novella Justiniani, 185. Capite 2. 'I'atagrapho 4. or else a Novel is quoted by the Collation, and by the Title, chapter, and paragraph, after this manner, in Authentico, Collatione, 1. Titulo 1. Cap. 281.

As to the Authenticks, they are quoted by the first words of them, after which is set down the title of the code under which they are placed ; for example, Authentica cum testator, Codice ad legem falcidimm.

This being laid down, let us now see how we shall go about to find eut a quotation in the body of the law

If the passage quoted is taken from the digest or the code, it will be

best for beginners to turn to the alphabetical table of the titles, at the

beginning of the body of the law; where having found the title men

■ -tioned in the quotation, they must then look in it for the law; by the

number of first word.

If the quotation is taken from the Institvtes, they must likewise have recourse to the table of titles; and after having found the book in which it is, look, after it there, and then the paragraph which is quoted.

If we would find out a Novel, there is nothing more to be done, thai to look after i' oy the number it is under.

If it be a.. Autnentick, we must look in the table of the Cede, for the title under which it is placed: It is so much the more easily found, because all the Authenticks are inserted in the Code in a different letter.

To conclude, as ihose who have a mind to look after any lutt-. wuu a great deal of time in turning over the table or index, they may mast themselves that trouble, by rendering the tides of the body of the it? familiar, and getting them by heart, by which means, they will acquire a general notion of the places where every particular matter is treated of, and without the least difiiculty, be aLle to find out any lato they hart Occasion to consult.

To con-.pL at these instructions for young students how to find out the quotations in our books, it remains only that 1 explain the abbreviations.


AP. JUSTIN. Apud JusUuiunum, m Justinian's institutes.

A^(.. or AK. Argun.emo, by ars argument drawn from such a /V

AU 1MJ. Authrntica, in the Authenttck; that is to say, the Stature of so:ne of the emperors N-jvel constitutions inserted in the Code Ubjst auch i title.

CAP. Capite or Capittilo, in the chapter of such a Novel.

C. or COD., in Justinian's code.

C THiiOD. Codice Theodosiano, in the Theodosian code.

CO .. Coin'./na, in thv first or second column of the book quoted

CO Li.. CVfof M«, in the collation of such or such a Novel.

C. or CONT. Contra, this is generally used to denote a contran' argiKiu-nu

U Dicta or Dicta, that is, the aforesaid, or law or chapter befcrf quoted.

D. D'gestis. or in the Digest. ,
E urEOD Und<rthe same title.

¥ Finalix, the lvist or latter part.

jf. in the Pandects or Digest. The Grecians having made use of the JLetter », to signify • andects, the Romans changed them into two ft joined together. Digestontm liber ideo dvplici Jf. signatur, quod grsci p.mdectas per » cum accentu circumfiexo mtabant, sub quibtis, tt D'n^e^torum libri comprehemi sunt, unde facili literal in ff". lat'me inolevit, savs Calvin in his Lexicon Juris.

GL GA?*.«j,*the Gloss.

H. H'c, here, in the same title, law or paragraph.

H. Tl T. H'jc t'tulo, in this Title.

I. or 1NE. Infra, beneath or below.

J. GL/>. Jnncta GIossa,\he gloss joined to the text quoted.

I Nf AU 1*H. COLL. 1. In authentico, collatione 1. in Justinian's Xt•oeh. p;trtor Section 1, is?c.

IN F- It fine, at the end of the title, law or paragraph quoted.

IN PR In principio, in the beginning, and before the first paragraph Of a law.

IN T. PR. tnjinc principii, toward the end of a bgiun'mg of a far

IN SUM. In summa, in the summary.

L. Lege in such a law. ,

LI. or LIB. /.iiro, in the first or second boot, £?*.

NOV. Novella, in such a Novel.

PAR. Paragrapho, in such a paragraph or article of the fattf, or of a Ti'f/c in the Institutes.

PR. orPRIN. PrincipiwiL, the beginning of a Title or * law.

n. Pandectis, in the pandects.

Penult. The last but one.

Q QU or QILES. j^u-rtfionf, in such a Question.

RU. or RUB. In such a Rubrick or Tif/r- Tru Titles were called jRubricks, from their being formerly written in red letters.

SC. or SCIL. Scilicet, that is to say.

SOL. Solutio, the answer to an objection.

SUM Summa, the summary of a /ait.

§ Paragrapho, in such a paragraph.

T. or TIT. Titulus, Titulo, Title.

T. or r. Versiculo, in such a verst, which is a part of a paragraph.

1SLT. Ultimo, Ultima, the last Title, Paragraph or Law.



1st. Such as treat on the law previous to Justinian.

2dly. Such as treat historically on the Roman law generally.

3dly. The principal editions of the Corpus Juris Civilis.

4th}y. Commentators on the Corpus Juris Civilis.

StLy. Compilations on the civil law.

Firs F. Historical treatises on the Leges Regise, Jus Papirianum, Duodecim Tabulae, and the laws and collections intervening between them and Justinian.

Franciscus Balduinus. Libri duo in leges Romuli et duodecim ta» bularum. The third edition is the best. Basil. 1559. 8vo

Pardulphus Prattius. Jurisprudent'^ vetus: sivt Draconis et So> lonis, nee non Romuli Romanorum regis» ac 12 tabularuni kgts col*, lectae interpretatseque. Leyden. 1557.

J. Gothofred. Quatuor fontes juris civilis: sive kgrs 12 ta'ula» cum, cum earundem historia, 8tc. Lcgts Juli* et Pipic fragmentae odictum perpetuum; librorum Sabiniorum ordo et s ries. 4to. Genev. 1653.

Rosinus also mentions several of the l"g st>glTas ins'rtd by Pawlns Maouti«s. Rosinus himself give» a very brief aod abridged

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