conception surpassing Ulpian, he was that jurist's inferior as regards the charm of the treatment of his matter and apprehension of juristic development, and was often indeed obscure from a compressed style. He wrote altogether about 300 libri, amongst which › Sec Huschke, these deserve special mention: Ad Edictum 1. lxxx.,' 'Iurispruden'Ad Sabinum 1. xvii.,' 'Ad Plautium 1. xviii.,'' Ad tiac anteius1. Iuliani et Papiani 1. x.,' 'Questionum 1. xxvi.,' 'Re- supersunt,' ed. sponsorum 1. xxiii.,' and Sententiarum 1. v.' tinianae quae iv. (1879); Krüger, Mommsen 'Collectio libro tom. 1, ed. ii. 28. Herennius Modestinus, a pupil of Ulpian, and Studemund: under the Severi and Gordian, had a reputation rum iur. antei.' the not equal to the three last-named, and was (1884), 2 (1877). last of the classical jurists. Amongst his writings A work still were Excusationum 1. vi.' (in Greek), 'Regularum notes is Schult1. x.,' 'Differentiarum 1. ix.,' 'Pandectarum 1. xiii.,' and vet. antei. c.not. 'Responsorum 1. xix.' useful for its ing, Iurisprud. varior.' (1737). 'Gaii 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, graphun 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. Cf. Huschke, 1.c. pp. 148, 8q2. and Lachmann (1866). See Huschke, Stu pp. 185, 8qq.; 1. GAII institutionum commentarii iv., discovered Earlier edd. by Niebuhr in 1816 in a palimpsest MS. preserved were Göschen 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- Verstandu. 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. cCf. §6. Paul. and Ulp. For his edn. the of Ulp. Last by sim. of MS.is by edu. with fac Recent edd. Ulpiani,' first discovered and edited by Joh. Tilius by Böcking (1856), Huschke, 1.c. pp. 547; Krüger, 1.c. ii. pp. 1, 8qq. a (1855), Vahlen (1549). The work of Ulpian is here preserved 'to us in its purity, but only in the form of an 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 abovementioned 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.' 4. Two small fragments of VLPIANI institutioncs,' (1863). discovered by Endlicher at Vienna in 1835.6 c Cf. § 9. d Which can, however, be excerpts in Justinian's Digest, &c. edd. are Arndts (1833); 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, I.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. 1.c. p. 41. ✓ Deciphered and edited, the first by Mommsen, the others 'Monats berichte of the Berlin Aca demy (1879, 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, p. 363); and in which were found in Egypt.-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,' I in the interpretamenta—¿oμnvεvuarα-attributed to 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. 9 Variously Gaius, Paulus, ponius. in his Ulp. p. mann (1837); p. 149. Cf. Dirk- 392, sqq. Cf. § 3. 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. a 180-234. DOCUMENTS relating to LEGAL TRANSACTIONS. (a) Mancipationes: Ed. and ankolb, Zschr. not. by Degen. für Rechts gesch. ix. 117; 1. Manc. fiduciae causa,' intended as a mortgage security, but only as a formula; found in Spain, 1867.6 2. Manc. donationis causa: Donatio Flavii Syntrophi,' with a preliminary penal proviso regulating 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 (3) Contracts of purchase, with receipt of the con- commy. by Huschke (1838). 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 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 ct. of Antiqq. 8.Tabulae.' e Ed. and ex- iv. 474 (8) Obligationes praediorum. To these belong two Degenkolb, 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 (IOI A D.), discovered in 1831f Ed. with commy. by (E) Testamentum Dasumii (109 A.D.), very frag- Henzen (1843). mentary; preserved upon two tablets found at Rome in 1820 and 1830." STATUTES and DECREES OF CORPORATIONS AND SOCIETIES. (a) Lex collegii funeraticii Lanuvini (133 A.D.) of a Ed. and ex- burial society." plained by Mommsen, De (3) Notice of the dissolution of a coll. fun. AbburCollegiis,' p. 98 nense, on the part of the magister collegii (167 A.D.) ; in the wax-tablets of Transylvania.'c (1843). • Explained by Huschke, Zschr. f. gesch. R. W.'xii. 173. d Perhaps an ordinance as to springs of a (7) Statute of a coll. aquae.d (8) Lex metalli Vipascensis, found in Lusitania in the year 1876: an imperial ordinance as to mining. The part preserved treats of the leasing of all possible fullers. Ed. by industries to be pursued at the place, and for which a monopoly is thereby given. Roman guild of Rudorff, ibid. XV. 203. Hübner; 'Ephem. epi- fasc. 3. DOCUMENTS relating to LAWSUITS. (a) Sententia Minuciorum (commissaries of the Roman senate) in frontier-disputes of the town of Genua and of the community of Veturii belonging to Explained by it (637 U.c.). It was discovered in 1506f Rudorff, Zschr. f. R. G.' i. 168. (B) An award in respect of frontier-disputes of the Ed. by Momm- city Histonium. sen, 'Stadt rechte,' p. 484. (y) Lis fullonum (A.D. 244), found at Rome in 1701, contains a documentary report upon a protracted suit (from 226 to 244) against the Roman fullers' association with regard to the water-rate to be paid According to by them to the Treasury. others, the rate to be paid by $9. FROM CONSTANTINE TO JUSTINIAN. The fourth period, which closes with Justinian's legislation, marks the decline of pure Roman Law as a science, and likewise is the time when that Law obtains Rhein. Muse- a cosmopolitan character. The new organization of the State, characterised by centralisation and absolutism, the basis of which was laid by Diocletian and which was completed by Constantine, with its central um' for 1866, p. 10. point transferred to the eastern half of the empire (Constantinople), the introduction of the Christian as the state-religion, the general decline of culture and the dying out of legal productivity, as well as the extinction of Roman nationality,-these together determined also the development of Law. The main task of this we may see in the removal of the obsolete national elements of the Roman Private Law, and accordingly, its extension into a Universal Law, containing the more general legal conceptions of the 'ius gentium'" which rendered possible and provided the first step in the transition of the Roman Law to modern times. quam interpres The development of Law now depended upon imperial legislation, and that chiefly in the form of Tam conditor edicta (leges generales). By Arcadius and Honorius legum solus (A.D. 398) the application of 'rescripta' and 'decreta' imperator.' beyond the special case was forbidden; nevertheless, according to a provision of Theodosius and Valentinian (426), they were to be of general legal obligation if the Emperor himself had assigned legal effect to them by a special clause, or by the designation of generalis lex s. edictum.' By Justinian, on the other hand, the 'decreta' were again declared to be of general obligation. The decreta' subscribed by the Emperor took the form either of a communication to the Senate or of a proclamation to his subjects, which as a rule was despatched to a high imperial officer, and was by him then copied and issued by advertisement or otherwise. These were the 'sanctiones pragmaticae.' After the division of the empire the transmission to one part of the laws promulgated in the other was effected by means of publication in that part. Moreover, the later legislation concerned for the most part only the administration; in general, the Criminal Law and Law of Procedure; it was but to a slight extent operative in the department of Private Law, because it did not so much actually develop the Law as simply set aside. what was antiquated; and not merely in this, but in |