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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 form 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.
FROAI BEAVER'S TRANSLATION OF TERRIERES HISTORY— Page 166.
OF THE QUOTATIONS AND ABBREVIATIONS.
* As it is necessary in the first place, to know how to make use of the "G65 quotations which we meet with in the books of the civil law; and to find out the several lairs quoted by authors; I thought it my business to lay down some rules for that purpose.
The body of the civil lam, 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; for instance, Lege si quis tertia Digestís de 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, Legt 32. § 11. Digestís de donationibus inter virum el 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 showing the number, and mentioning the first word of the paragraph, or by either; but the title under which the paragraph is, must always be mentioned, as thus, paragraphe testes 15. Institutionibus, or else apud Justinianum de testamentis ordinandi*.
The novels ate quoted by their number, with that ot' the chapter and theparagraph: For example, Novella, Justiniani, 185. Capite 2. Paragraphe 4. or else a Novel is quoted by the Collation, and by the Title, chapter, and paragraph, after this manner, in Authentica, Cotlaiione, 1. Titulo 1. C«^. 251.
As to the Authentics, 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, Anthentica cum testator, Códice ad legem falcidiam.
This being laid down, let us now see how we shall go about to find out a quotation in the body of the laic.
If the passage quoted is taken fromUhe 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 mentioned 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 Institutes, they must likewise have recourse to the table oftitles i and after having found the book in which it is, look after it there, and then the paragraph which is quoted.
*666 "If we would find out a .Voit/, there is nothing inure to be done, than to look after it by the number it is under.
If it be an Authentic, we must look in the table of the Code, fur '.he title under which it is placed: It is so much the more easily found, because all the Authentics are inserted in the Code in a different letter.
To conclude^ as those who have a mind to look after any 2л», waste a great deal of time in turning over the table or index, they may save themselves that trouble, by rendering the titles of the body of the law 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 difficulty, be able to find out any law they have occasion to consult.
To complete these instructions fur young students how to find out the quotations in our books, it remains only that I explain the abbreviations. i
AP. JUSTIN. Apud Justiniannm, in Justinian's institutes. ARG. or AR. Argumento, by an argument drawn from such a law. AUTH. Authentica, in the Authentic; that is to say, the Summary of some of the emperors Novel constitutions inserted in the Code under such a title.CAP. Capite or Capitulo, in the chapter of such a Novel. C. or COD. Codice, in Justinian's code. C. THEOD. Codice Theodosiano, in the Theodosian code. COL. Columna, in the first or second colunm of the book quoted. COLL. Collation, in the collation of such or such a Novel.
C. or CONT. Contra, this is generally used to denote a contrary argument.
D. Dicto or Dicta, that is, the aforesaid, or law or chapter before quoted.
D. Digestís, or in the Digest.
E. or EOD. Under the same title.
F. Finalis, the last or latter part.
ff. in the Pandects or Digest. The Grecians having made use of the Letter тг, to signify Pandects, the Romans changed them into two /'i joined together. Digestorum liber ideo duplici ff. Signatur, quod grœci pandectas per n cum accents
■circomflexo notnbant, sub quibus, et Digestorum libri comprehensi sunt, unde
H. Hic, here, in the same title, law or paragraph.
J. GLO. Juncia Glossa, the gloss joined to the text quoted.
IN F. In fine, at the end of the title, law or paragraph quoted.
LI. or LIB. Liliro, in the first or second book, &c.
PAR. Paragraphe, in such a. paragraph or article of the law, or of a Title in the Institutes.
PR. or PRIN. Principium, the beginning of a Title or a law.
Q. QU. or QUiES. Quastione, in such a Question.
RU. or RUB. In such a Rubrick or Title. The Titles were called Rubricks, from their being formerly written in red letters. SC. or SC1L. Scilicet, that is to «ay. SOL. Solutio, the answer to an objection. SUM. Summa, the summary of a law. § Paragraphe, in such a paragraph. T. or TIT. Titulus, Titulo, Title.
T. or V. Versículo, in such a verse, which is a part of a paragraph.
AUTHORS ON THE CIVIL LAW.
1st. Such as treat on the law previous to lustinian.
Sly. Such as treat historically on the Roman law generally.
31y. The principal editions of the Corpus Juris Civilis.
41y. Commentators on the Corpus Juris Civilis.
51y. Compilations on the civil law.
First. Historical treatises on the Leges Regis, Jus Papirianum, Ouodecim Tabuin-, and the laws and collections intervening between them and Justinian,
Franciserts Balduinus. Libri duo in leges Romuli et duodeeim tabiilarum. The third edition is the best. Basil. 1559. 8vo.
Pardulphus Prateius. Jurisprudentia vetus: sive Draconis et Solonis, nec non Romuli Romanorum regis, ас 12 tabularum leges collecta; interpretatœque. Leyden. 1557.
J. Gothofrcd. Quatuor fontes juris civilis: sive leges 12 tabularum, cum earundem historia, &c. Legis Juliœ et Papire fragmenta: edictum perpetuum: librorum Sabiniorum ordo et series. 4to. Genev. 1653.
Rosinus also mentions several of the leges regia? as inserted by Paulus Manuti
*668 us. Rosinus himself gives a very brief and abridged * account of the history of the Roman law from Pomponius, which is worth perusal. Rosini Antiq. Rom. quto. Amstelod. 1685. p. 554. On the subject of the laws of the twelve tables in particular, he refers to the collections and comments of Julius Pacius, Antonius Augustinus, Joannes Oldendorpius, Joannes Crispin us, Antonius Contius, Fr. Hottomannus, Dionysius Gothofredus, Stephanus Pighius, Fr. Balduinus, Hadrianus Turnebus, Ludovicus Charondas, Justus Lipsius, and Theodorus Marcilius: of whom but few are noted by Camus in his Lettres sur la Profession D'Avocat. Paris, 1776.
The edition of J. Gothofred, in the book above cited, Quatuor fontes, &c. is in the most esteem.
Autores et fragmenta veteium jurisconsultnrum, de origine et progressu juris romani, cum notis Arnoldi Vinnii et variorum. Ex edit. Sim. Van Leewen, Leyden, 1671. Jena, 1697. 8vo.
Jurisprudent vetus ante Justir.ianea. Ex reecns. et cum not. Schultingii. Leyden, 1717. Leipsic, 17:17. qto. This comprehends the fragments of Gai us, Paulus, Ulpian, and other jurisconsults preceding Justinian.
J. Gothofredus. Codex Theodosianus, cum amplissimo commentario, studio Antonii Marvilii. Leyden, 16G5. G vol. fol.
Secondly. Historical treatises on Roman Jurisprudence generally.
J. Gothofrcdi. Manuale juris 12tno. Several editions.
Jo. Vin. Grarina. Origines juris civilis, seu de ortu et progressu juris civilis. With the annotations of Mascou. Leipsic, 1737. qto. Ven. 1739 to 4.
Hen. Chr. Hausottcr. Historia legum romanarum. Leipsic. 1758. 8vo.
Jo. Gotl. Hcineecius. Antiquitatum romanarum jurisprudentiam illustrantium Syntagma. This is comprehended in the Geneva edition of his works in 8 vols, qto. 1743 and 1748. But there are also several separate editions; the best at Strasburg (Argentor.) in 1734, 1741. and in 2 vol. 8vo. 1755.
Ejusdem historia juris civilis, 8vo. the best edition is Ritter's, published at Strasburgh. This and the preceding treatise form the fourth volume of his works, in qto.
Burchard Gotthclf Struvius. Historia juris romani, 4to. Jena, 1718.
Thomasius. Delineatio historia; juris Romani et Germanici. Erfurt. 8vo. 1750. Ncevornm jurisprudente romanœ, lib. duo. Hal. Magd. 1707.
Brunquellus. Historia juris Romano-Germanici. 8vo. Arastel. 1730. Gravina, Heineccius, Struvius and Brunquellus, may be considered as the best of this class of writers.
Histire du droit romain par Claude Joseph de Fernere. 12mo. Paris, 1718. This is taken chiefly from Gravina. Dr. Beaver has * translated it, and added * 669 Duck's treatise de usu et auctorilate juris civilis.
Ant. Terasson. Histoire de la Jurisprudence Romaine. Paris, 1750, in folioCompiled at the direction of Chancellor D'Agueesau. A work, says Mr. Gibbon, of more promise than performance. It contains however a curious and interesting collection of ancient documents and fragments.
Dr. Beater's history of the legal polity of the Roman state. 4to. 1781.
Dr. Taylor's elements of the civil law. 4to. 1755. There is an anonymous abridgement of this desultory but very interesting book, by the Rev. Mr. Ellis, with a preface on the nature of moral obligation.
Bouchaud's Recherches historiques sur les edits des Magistrats Romains in torn 41. page 1 of the Mémoires de Г Académie Françoise.
Thirdly. The principal editions of the Corpus juris civilis.
Corpus juris civilis cum glossis Genev. 1614.4 vol. qto.
Idem cum notis D. Gothofredi. Paris. Vitray. 1628. 2 vol. fol. This is the edition I have employed.
Idem. Daniel Elizevir. 1664. 2 vol. 8vo. Amst.
Idem. Elzevir et Bleau, 1681. 1700. 2 vol. 8vo.
Corpus juris civilis academicum. Col. Mun. 1750. 1 vol. qto.
The editions of the Institutes, are too numerous to catalogue. There are also about a dozen editions of the Paraphrase of the Institutes, by Theophilus, in Greek and Latin, and in Latin.
Fourthly. Commentators on the Corpus juris, or particular parts of it.
These may be reduced to the works of Cujaeius, Vinnius, Voctius, Noodt, and Bochmer. Harris quotes Joachim Mysinger frequently. I am not acquainted with any work of Mysinger's but his commentary on the title, de fide instrutnentorum lib. 2 dccretalium, Helmst. 1582, in fol. and Marp. 1602. 8vo. I have found the brief notes of D. Gothofrcd to his edition of the Corpus Juris civilis, worth attention.
FiFTiiLY Compilations on the civil law.
I possess a great number of them, but I know of few worth noticing, except the following.
Cujacii Paratitla in pandectas et Codicem: of which there are about eight editions in 12ino. and 8vo, separate from the general collection of his works. Heineccii Elementa juris secundum nrdinem Institutionum. Idem secundum ordinem Pandectarum.
Of these there are several editions in 8vo. and 12mo. separate from his works. Barriga de Montvallon. Epitome juris ct logum Romanorum. 8vo. Paris 1756. Claude Jos de Ferriere. Nova et methodica juris civils tractatio. 2vol. 12mo. Paris. 7 he last of four editions is in 1734.
'Ferriere. La Jurisprudence du Code dc Justinian,! "670
du Digest. > 1688. Cvol. in qto.
des Novellcs J I have freely used the Nouville traduction des Institutes de 1'Empireur Justinian of the same author, with notes, in 6 vol. 8vo. Paris. 1787. Pothiei 's Pandectœ Justinianœ 3 v. fol. 1748.
Jean Dornat. Les Loix civiles dans leur ordre naturel. 5 vol, 3vo. and with a supplement by D'Hericourt in 2 vol. fol. Paris, 1724.