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III. Law. It shall be a capital crime for a judge or arbitrator to take money for passing judgment. - o IV. Law. Let all causes, relating to the life, liberty, or rights of a Roman citizen, be tried only in Camitia by Centuries. V. Law. Let the people appoint Ruastors, to take cognizance of all capital cases. * - VI. Law. Whoever shall hold seditious assemblies in the city by night, shall be put to death. VII. Law. Let him who shall have solicited a foreigner to declare himself against Rome, or shall have delivered up a Roman citizen to a foreigner, lose his life. VIII. Law. Let only the last laws of the people be in force, [i. e. *t the last supercede all former ones, in the same case made and provided 3
of FUNERALs, AND ALL cert E.Moni ES RELATING to THE DEAD.
I. Law. Let no dead body be interred, or burnt within the city... II. Law. Let all costliness and excessive wailings be banished from funerals. III. Law. Let not the wood, with which funeral piles are built, be cut with a saw. * IV. Law. Let the dead body be covered with no more than three habits, bordered with purple ; and let no more than ten players upon the flute be employed in celebrating the obsequies. -V. Law. Let not the women tear their faces, or disfigure themselves, or make hideous outcries. . VI. Law. Let not any part of a dead body be carried away, in order to perform other obsequies for the deceased, unless he died in war, or out of his own country. VII. Law. Let no slaves be embalmed after their death; let there be no drinking round a dead body; nor let any perfumed liquors be poured upon it. VIII. Law. Let no crowns, festoons, perfuming-pots, or any kind of perfume, be carried to funerals. IX. Law. If the deceased has merited a crown in the public games, by any exploit of his own, or the expertness of his slaves, or the swiftness of his horses, let his panegyrick be made at his funeral, and let his relations have leave to put a crown upon his head, as well during the seven days he remains in the house, as when he is carried to be buried. X Law. Let no man have more 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 the corps may be interred or burnt with the gold thread. a XII. Law. For the future, let no sepulchre be built, or funeral pile raised, within sixty feet of any house, without the consent of the -bwner of the house. XIII. Law. Prescription shall never be pleaded against a man's tight to his burial-place, or the entrance to it.
of TIIE WORSHIP OF THE GODS, AND OF RELIG1 ON. I. Law. Let all persons come with purity and piety to the assemblies of religion, and banish all extravagance from thence. If any one does otherwise, may 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 every one 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 Hercules, Bacchus, AEsculapius, Gastor, Pollux, and *omulus. V. Law. Let those commendable qualities, by which heroes obtained Heaven, be ranked among the Gods, as Understanding, Virtue, Piety, Fidelity; and let temples be erected to them. JBut 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 sali, let them be set 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 w 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. Let there be priests appointed for some Gods, Flamines for others, and Pontifices to preside over them all. IX. Law. Let no woman be present at the sacrifices which are of fered 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 Gods, ict him be punished as a Parricide. - XI. Law. Leave perjury to be punished with death by the Gods, and let it be punished with perpetual disgrace by men. XII. Law. Let the Pontifices punish incest with death. XIII. Law. Let every one strictly perform his vows: But let ne wicked person dare to make any offerings to the Gods. XIV. Law. Let no man dedicate his field to the service of the altar; and let him be discreet in his offerings of gold, silver, or ivory. Let no man dedicate a litigated estate to the Gods: if he does, he shall pay 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, which make men execrable, and are not to be atoned for by expiations, be deemed impious. Butlet the priests expiate such as are to be expiated:
of MARRIAGEs, AND THE RIGHT of HusbANDs.
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. :-aw. 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. H.aw. A child born of a widow, in the tenth month after the decease of her husband, shall be deemed legitimate.
. I aw. It shall not be lawful for the Patricians to intermarry with the Plebeians.
As it is necessary in the first place, to know how to make use of the yuotations which we meet with in the books of the civil law , and to find out the several laws quoted by authors; I thought it my business to lay down some rules for that purpose. The body of the civil law, as we said before, is composed of four parts, the jo, 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 Digestis 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;
Titulo 1. Cap. 281.
for example, Lege 32. § 11. Digestis de donationibus inter virum et uxGrenz. 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 is, must always be mentioned, as thus, paragrapha testes 15. Institutionibus, or else apud justinianum de testamentis ordinandis. The novels are quoted by their number, with that of the chapter and the paragraph : For example, Novella justiniani, i85. Capite 2. /*a...” 4, or else a Novel is quoted by the Collation, and by the Title, chapter, and paragraph, after this manner, in Authentico, Collatione, 1.
As to the Authenticks, they are quoted by the first words of them, af.
ter which is set down the title of the code under which they are plac
ed; for example, Authentica cum testator, Codice ad legem falcidian. , This being laid down, let us now see how we shall go about to find out 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 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
- ow. 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, than to look after it by the number it is under. If it be an Authentick, we must look in the table of the Code, 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 those who have a mind to look after any law, waste a great deal of time in turning over the table or index, they may save themselves hat trouble, by rendering the titles of the body of the law familiar, and go tting 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 comple at these instructions for young students how to find out the quotations in our books, it remains only that I explain the abbreviations.
AP. JUSTIN. Apud justinianum, in justinian’s institutes. ARG. or A.R. Argumento, by an argument drawn from such a law. AUTH. Authentica, in the Authentick; 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 column of the book quoted. COLL. Collation, in the collation of such or such a Novel. C. or CONT. Centra, this is generally used to denote a contrary argument. - * * D. Dicto or Dicta, that is, the aforesaid, or law or chapter before quoted. - D. Digestis, or in the Digest. E. or EOD. Under the same title. . F. Finalis, the last or latter part. f. in the Pandects or Digest. The Grecians having made use of the Letter w, to signify Pandects, the Romans changed them into two f’s joined together. Digestorum liber ideo duplici s. signatur, quod graci pandectas per w cum accentu circumflexo notabant, sub quibus, et Digestorum libri comprehensi sunt, unde facili litera w in #: latine inolevit, says Calvin in his Lexicon juris. GL Glossa, the Gloss, H. Hic, here, in the same title, law or paragraph. H. T.I.T. Hoc titulo, in this Title. I. or INF. Infra, beneath or below. J. G.I.O. foncta Glossa, the gloss joined to the text quoted. IN AU FH. COLL. 1. In authentico, collatione 1. in justinian’s Wevels, part or Section 1, &c. - IN F. In fine, at the end of the title, law or paragraph quoted. f . o, PR. In principio, in the beginning, and before the first paragraph ©f a satu’. IN F. P.R. Infine principii, toward the end of a beginning of a law.