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(3) 1. or c. [= constitutio] 21 pr. § 5. C. [=Codicis] de testamentis, 6, 23.—Cf. infra.

If the title in question contain only a single fragment besides 1. [=lex] or c. [constitutio] or fr. [fragmentum], the designation 'un.' [=unica, um] is used, e.g., 1. un. § 2 D. de off. cons. I, 10 l. un. § 9 C. de caduc. toll. 6, 51.

If the immediately preceding passage be from the same title, in place of the rubric of the title, 'eod.' [=eodem sc. titulo] is employed with the one following it, e.g., 1. 59 D. pro socio 17, 2, 1. 63 § 8 eod. If the title have been mentioned in some previous doctrine, the passages from it are cited with 'h. t.' [hoc titulo], e.g., tit. D. de furtis 47, 2—1. 65 h. t.

The last passage of a title is usually cited as 'ult.' [=ultima] or 'fin.' [=finalis], the last but one sometimes as 'pen.' [=penultima], e.g., 1. ult. D. de iure dotium 23, 3, 1. fi. C. de novationibus, 8, 42, 1. pen. § 1, D. de peculio, 15, 1.

Bks. 30-32 contain only the one title, de legatis, which may be cited thus: 1. 3 D. de legatis i. [=in primoj 30, 1. 34 pr. D. de legatis ii. 31, 1. 99 § 3 eod. iii. 32.

The designation 'D.,' as well as the number of book and title, is very commonly omitted, e.g., 1. 22, §6 mand. [=l. 22, § 6 D. mandati, 17, 1]. The rubric of the title is itself generally much abbreviated, in many titles being confined to the initial letters of the words."

a English The most common abbreviations in citation from writers usually the Digest are the following:

de A. E. V. actionibus empti venditi, 19, 1. de A. v. A. P. (or de A. P.)=adquirenda vel amittenda possessione, 41, 2.

de A. v. O. H.=ad quirendavel omittenda hereditate, 29, 2.

=

de A. R. D. adquirenda rerum dominio, 41, I.
de B. P. bonorum possessionibus, 37, I.

=

de C. E. contrahenda emptione, 18, 1.

=

omit the rubric altogether.

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in integrum restitutionibus, 4, 1. negotiis gestis, 3, 5.

origine iuris, 1, 2.

de O. et A.=obligationibus et actionibus, 44, 7. de R. C. rebus creditis, 12, I.

=

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de R. V. rei vindicatione, 6, 1.

S. M.=soluto matrimonio, 24, 3.

=

de S. P. R. servitutibus praediorum rusticorum, 83.

de S. P. V. servitutibus praediorum urbanorum,

8, 2.

de V. O.

de V. S.

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verborum obligationibus, 45, I.
verborum significatione, 50, 16.

The Novels are cited according to number, chapter and paragraph, e.g., Nov. 118 praef. c. 4.

Other modes of citation are:

§ 3, I. 2, 6;

1. 22, § 6, D. 17, 1;

c. 21, § 5, C. 6, 23;

and as followed by English writers (in agreement with ancient usage):

Inst. ii. 6, 3;

Dig. xvii. 1, 22, 6;

Cod. vi. 23, 21, 5.

The custom of the Glossators and their successors is to substitute the first words of the leges for the numbers and paragraphs, e.g.:

1. inst. de usucap. § quod autem dictum [=§ 3, I. de usucap. 2, 6].

2. D. (or ff.) mand. 1. si mandavero § qui aedem [=1. 22, § 6, mand. 17, 1].

3. Cod. de testamentis 1. hac consultissima § si quid autem [=1. 21, § 5 C. de test. 6, 23].

4. Auth. de hered. ab intest. § nullam vero, colla. ix. tit. j. [Nov. 118 c. 4].a

§ 11. THE ROMAN LAW IN THE BYZANTINE EMPIRE.

The collection of Law by Justinian, the original of which was certainly always more and more superseded by Greek translations, remained in the Byzantine Empire primarily in full use as a law-book and as the foundation of legal study, upon which it exercised an appreciable influence. And accordingly, as products of lectures at the law-schools, there soon appeared selections, paraphrases and exegetical commentaries upon the law-books, the scientific value of which cannot be denied. The most prominent jurists of Justinian's time were:

Theophilus, author of a paraphrase of the Institutes, not without importance for the textual criticism and interpretation thereof;'

Thalelaeus, writer of a full commentary on the Codex, and

a Cf. Roby, PP. ccxlv., sq.

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B

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Numerous

fragments have

of these two

Stephanus, author of a commentary (index) upon the first thirty-six books of the Digest, which contains detailed interpretations of the several passages. This ephemeral revival, however, was succeeded by been preserved a rapid decline of jurisprudence and of the condition works in the of Law itself, so that by the beginning of the eighth 'Basilica." century knowledge and comprehension of Justinian's law-works had almost completely disappeared. An endeavour was made to remedy this state of things by a revision of the actual Law, which was begun by Basil the Macedonian, completed by Leo Philosophus (886-910) and published as a Statute-Book under

1

Paraphrasis graeca institut. ed. Reitz. 1751; ed. Ferrini, 1884.

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the title of BASILICA' (ie., imperial laws). The 'Basilica' contain an abbreviation of Justinian's Books, which was put together from the older selections and paraphrases, according to a peculiar system, but essentially akin to that of the Codex, and in sixty books, which are divided into titles, and again into chapters. The Text was very soon furnished with scholia, which contain references and parallel passages, besides explanatory selections from the commentaries of earlier Byzantine jurists. These and the later scholia to the Text, and to the selections last mentioned, underwent a fresh revision in the twelfth century. The 'Basilica' with scholia are important especially for the criticism of the Text, and as filling up the various lacunae of Justinian's volumes, but also as affording helps to the interpretation of them, to be used with discretion, yet not to be undervalued. Forty-four books have been preserved, of which twenty-nine are almost complete.

The most recent edition is by Heimbach, tom. i.-v. 1833-1850, tom. vi. (Prolegomena and Manuale) 1870, and Zachariae a Lingenthal, supplementum ed. Basil. Heimbach, 1846.

§ 12. THE ROMAN LAW IN THE WEST. IN ITALY: GLOSSATORS AND COMMENTATORS."

The downfall of Roman sovereignty in Italy, 568 A.D., which had been re-established a short time before, did not entirely destroy the transmission and validity of the Roman Law; but its continued existence was marred by the very imperfect knowledge there was of it through a limited employment of some few sources, nor was the scientific treatment of the Law any more satisfactory, so that Justinian's works fell into ever greater oblivion.

Of treatises upon the Roman Law, in which the special aim was to arrive at definitions, as well as to establish specific rules, and to make some systematic

collection of legal propositions for teaching purposes, there are preserved :

1. The Turin Gloss on the Institutes, in the Turin MS. of that portion of the Corp. iur.," and of a cf. § 10. perhaps the sixth or of the ninth century.

Last ed. by Krueger (Zschr.

2. The Brachylogus iuris civilis s. Corpus legum,' 1. R. Gesch. vii. a manual of the Roman Law in four books, and with 44, 89.). titles according to the system of Justinian's Institutes (but in the fourth book the actiones, or procedure), of the eleventh century.

• Latest edition
by Böcking
(1829).

d Ed. by Barkow, in

ii. Anh. I.

3. Petri Exceptiones legum Romanorum,' belonging to the end of the eleventh century, a manual of the Law as settled by Justinian, in four books.d The Roman Law first awoke to new life by the Law Savigny, Gesch. School, dating from c. 1100, at Bologna, where the study of Law, based upon the Books of Justinian that had been again brought to light, appeared as a kind of legal revelation, and quickly attained to a high degree of success in the hands of the Glossators. From Bologna the Roman Law was soon spread over Europe. In contrast with their predecessors, the Glossators pursued a new, exact method, by their subjecting the whole of the Justinianean Law to a thorough exegetical treatment, and from their interpreting every single passage by reference to others. In this way they endeavoured at the same time to grasp the systematic connection of the substance of Law. By investigation of the sources, pursued with great intellectual energy and perseverance, they acquired a familiarity with and power over the subject-matter scarcely attained again, and thus prepared the way for the legal science and legal study of after-times. Besides the interpretation of individual passages, which as Glossae were attached to the Text at first 'interlineares,' then 'marginales' -the Glossators also inaugurated the systematic treatment of Law in their Summae upon particular titles and whole books of Justinian's collection, besides setting forth the Law of Procedure (ordo iudicarius) and

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