The Digest of Justinian: Volume 1

Originally published in 1903, this two-volume work contains an English translation of the first fifteen books of the Digest of Justinian.

Charles Henry Monro (Translated by)

9781107657762, Cambridge University Press

Paperback / softback, published 9 October 2014

436 pages
23.5 x 19.1 x 2.2 cm, 0.75 kg

Originally published in 1903, this two-volume work contains an English translation of the first fifteen books of the Digest of Justinian, which formed one part of Roman civil law. Monro uses the Latin text edited by Theodor Mommsen, and translates Latin legal terms by using explanatory substitute words, not by giving the nearest approximation of the idea in English law. Volume One contains the translation of the first six books of the Digest. This book will be of value to anyone with an interest in late Roman law or the history of law in Europe.

Part I: 1. On justice and law
2. On the origin of law and of the different magistracies, as well as the succession of those learned in the law
3. On statutes, decrees of the Senate and long usage
4. On Imperial enactments
5. On status
6. On persons sui juris and alieni juris
7. Concerning adoptions and emancipations and other methods by which potestas is dissolved
8. On the division of things and their respective natures
9. Concerning Senators
10. On the office of Consul
11. On the office of Praefectus Urbi
13. On the office of Quaestor
14. On the office of the Praetors
15. On the office of Praefectus Vigilum
16. On the office of Proconsul and Legate
17. On the office of Praefectus Augustalis
18. On the office of Praeses
19. On the office of the Imperial Procurator or Rationalis
20. On the office of Juridicus
21. On the office of one to whom jurisdiction is delegated
22. On the office of assessors
Part II: 1. On Jurisdictio
2. A man to be dealt with after the like rule to that which he maintained against another
3. Where a man refuses obedience to a magistrate exercising jurisdiction
4. On citation
5. Where one who is cited fails to appear
also where a man cites one whom, according to the Edict, he has no right to cite
6. Persons cited bound to appear or else give a guarantee or an undertaking
7. No one to release by force a man who is cited
8. What persons respectively are compelled to give a guarantee or promise on oath or are remitted to a simple promise
9. Nature of the undertaking given in the case of a noxal action
10. On one who contrives that a defendant shall not appear
11. Where a man fails to observe an undertaking to appear to an action
12. On feast-days, adjournments and different seasons
13. On statement of particulars and discovery of documents etc.
14. On pacts
15. On compromising and compounding
Part III: 1. On motions
2. On those marked with infamia
3. On 'procurators' and 'defensors'
4. On proceedings taken on behalf of any corporation or against the same
5. On negotia gesta (voluntary agency)
6. On vexatious actions
Part IV: 1. On restitutions in integrum
2. Acts done through fear
3. On dolus malus
4. On persons under twenty-five
5. On capitis minutio
6. Grounds on which restitution in integrum is allowed to persons over twenty-five years of age
7. On transfers made for the purpose of varying the conditions of a trial
8. On matters referred
on persons who undertake arbitrations with a view to pronouncing an award
9. Seamen, innkeepers, stablekeepers to restore what they receive
Part V: 1. On trials at law
as to where a man ought to take proceedings or be sued
2. On inofficious testaments
3. On the action for recovery of an inheritance
4. On suits for parts of an inheritance
5. On the possessory petitio hereditatis
6. On the fidei-commissary petitio hereditatis
Part VI: 1. On specific vindications
2. On the Publician action in rem
3. On actions to recover vectigalian - that is emphyteutic - land.

Subject Areas: Legal history [LAZ]