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EDICTUM 100.00%
The Roman term for any written announcement made by a magistrate to the people. An edictum was sometimes temporary only, as, e.g., the announcements of the public assemblies or games; sometimes it contained permanent enactments, as, for instance, the edicta of the censors against luxury. The name was especially applied to the proclamations issued by judical functionaries on assuming office, and stating the principles or rules which they intended to follow in the exercise of their authority. The edicta of the aediles relative to the markets belong to this class. One kind of edictum was specially important in its bearing upon Roman law, the edictum of the praetor. In his edictum the paetor laid down the rules which he would observe in arranging the proceedings of the regular courts and of his voluntary jurisdiction, and in deciding cases which did not appear to be covered by the written enactments of the Twelve Tables, or later legislation. These edicta, written on wood, stone, or bronze, were in early times published only as occasion required, but in later times the praetors regularly promulgated them on entering upon their office. They prevented the fossilization of the law, and allowed the enactments of the Twelve Tables to adapt themselves in natural development to the changing circumstances of civic life and intercourse. It is true that the edicta had no force beyond the praetor's year of office, but, as every new praetor observed what was found in the edicta of his predecessors, a permanent nucleus of constantly repeated rules, called edictum perpetuum (or continuous edict), was formed in course of time. This became, for the later period, a recognised source of customary law, side by side with the leges proper. At length, under Hadrian, the mass of edicta was reduced to system by Salvius Julianus, and received the force of law at the imperial command. This body of law included the accepted edicta of the praetor urbanus and the other praetors administering law in the provinces, of the proconsuls, propraetors, and aediles, It was called edictum perpetuum, ius, proetorium, or ius honorarium, the latter because its authors had held public offices (honores). On this collection the Corpus Iuris of Justinian is in great part founded. The emperor and imperial officials, as proefectus urbi and proefectus proetorio, had also the right of issuing edicta.
 
JULIANUS 37.76%
Salvius. An eminent Roman jurist, born in Africa, who lived in the days of Hadrian. Besides many original works which were long held in high esteem, he compiled at the command of the emperor in 131 A.D., a systematic collection of Edicts of the Praetors, beginning with the republican time (edictum perpetuum). This was the first scientific collection of Roman legal documents. Numerous fragments of his works are quoted in the Digest. Cp. CORPUS JURIS CIVILIS (2).
 
ULPIANUS 24.31%
Next to Papinlanus the most celebrated among Roman jurists. He was born at Tyre about 170 A.D. He began his career in Rome under Septimius Severus as assessor of Papinianus; and, under Elagabalus and Alexander Severus, whose preceptor and guardian he had been, filled the office of a proefectus proetorio. During his tenure of this office he was murdered (228) before the eyes of the emperor by the praetorians, whom he had exasperated by the strictness of his discipline. His two chief works, on the praetorian law, Ad Edictum, in 83 books, and on the civil law (Ad Sabinum) in 51 books, were held in high esteem, and formed the foundation of the Pandects of Justinian's Corpus Iuris. Of this portion the extracts from his writings form a full third. Besides these excerpts we have a small part of his Regularum Liber Singularis and of his Institutions.
 
JURISPRUDENCE 13.32%

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The science of law is the one branch of Roman literature which had a purely national development. From an early date there were definite legal ordinances in Rome, and shortly after the expulsion of the kings a collection of leges regiae was made by a certain Gaius Papirius. These consisted of archaic customary laws of a strongly sacerdotal character, and arbitrarily attributed to individual kings (known as the Ius Papirianum). However, the foundation of the collective legal life of the Romans was primarily the well known law of the Twelve Tables, B.C. 451-450. (See TWELVE TABLES.) This put an end to the want of a generally known law; for the knowledge of previous legal decisions, like the whole of the judicial procedure, had been hitherto kept in the exclusive possession of the patricians. The administration of the law remained as formerly in the hands of the patricians alone, for they kept from the plebeians all knowledge of the dies fasti and nefasti, i.e. the days on which legal proceedings might or might not be taken, as also the forms of pleading which were regularly employed (legis actiones). The latter were so highly important that the least infraction of them would involve the loss of the cause. This condition of things existed for a long time, until Appius Claudius Caecus drew up a calendar of the days on which causes could be pleaded, and a list of ihe form of pleading. These were made public about 304 B.C. by his secretary, Gnaeus Flavius, after whom they were then called Ius Flavianum. By these means a knowledge of the law became generally attainable. It soon had eminent representatives among the plebeians in the persons of Publius Sempronius Sophus and Tiberius Coruncanius. In ancient days, however, the work of the jurists was purely practical. It was considered an honourable thing for men learned in the law to allow people to consult them (consulere, hence iuris, or iure consulti) either in the Forum or at appointed hours in their own houses, and to give them legal advice (responsa). It was mainly by a kind of oral tradition that the knowledge of law was handed down, as the most eminent jurists allowed younger men to be present at these consultations as listeners (auditores or discipuli). The beginning of literary activity in this department, as in others, dates from the second Punic War. It begins with the earliest exposition of existing law. Sextus Aelius Catus published in 204 B.C. a work named Tripertita (from its being divided into three parts) or Ius Aelianum, which consisted of the text of the laws of the Twelve Tables together with interpretations, and the legal formulae for carrying on suits. From the middie of the 2nd century it became common to make collections of the responsa of eminent jurists, and to use them as a source of legal information. Among others, Marcus Porcius Cato, the son of Cato the Elder, made a collection of this kind. In some families knowledge of the law was in a measure hereditary, as in those of the Aelii, Porcii, Sulpicii, and Mucii. A member of the last family, the pontifex Quintus Milcius Scoevola (died B.C. 82), was the first who, with the aid of the formal precision of the Stoic philosophy, gave a scientific and systematic account of all existing law, in his work, De Iure Civili. Servius Sulpicius Rufus, the contemporary and friend of Cicero, further advanced this new and more methodical treatment of law by his numerous writings and by training up pupils, such as Aulus Ofilius and Publius Alfenus Varus. The former rendered great assistance to Caesar in his scheme for forming the whole of the Ius Civile into a single code. Besides these there were several eminent jurists at the close of the Republic: Gaius Trebatius Testa, Quintus Aelius Tubero, Gaius Aelius Gallus, and Aulus Cascellius. While under the Republic the learned jurist had hold an inferior position to the orator in influence and importance, there is no doubt that under the Empire public eloquence became subordinate, and the position of the jurists was the most coveted end influential in the State, especially when Augustus decreed that the opinions of jurists authorized by the head of the State were to have the validity of law. It was from the jurists as advisers of the emperor that all legislation now proceeded. They had access to all the highest offices of the court and of the State. Accordingly the men of the highest gifts and character betook themselves naturally to this profession, and even introduced into the laws an increased unity, consistency, and systematic order. Under Augustus two jurists were pre-eminent, Quintus Antistius Labeo and Gaius Ateius Capito, the founders of the two later schools, named, after their pupils Sempronius Proculiani and Masurius Sabinus, the Proculiani and Sabini respectively. Labeo sought to extend his professional knowledge, whilst Capito held fast to the traditions of former jurists. The first scientific collection of laws was made under Hadrian by the Sabinian lawyer Salvius Iulianus, with his Edictum Perpetuum, a classified collection of the praetorian edicts from the times of the Republic. (See EDICTUM.) Sextus Pomponius, his somewhat younger contemporary, composed amongst other things a history of the law till the time of Hadrian. Under the Antonines jurisprudence was able to claim a remarkable representative in the Asiatic Gaius, but it received its completion and conclusion in the first half of the 3rd century A.D., through Aemilius Papinianus, Domitius Ulpianus, and Iulius Paulus. After their time there were no jurists of great and original capacity. In the 4th century literary activity revived again, but confined itself to the collection of legal authorities, especially that of imperial ordinances. Thus the Codex Theodosianus, finished in A.D. 438, contains an official record of all the enactments decreed by the emperors from the time of Constantine. Under Justinian I (527-565 A.D.) the last and most complete Roman collection of laws was made, under the name of the Corpus Iuris Civilis (q.v.).
 
INHERITANCE 12.72%

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Roman. If a man died intestate leaving a wife and children of his body or adopted, they were his heirs (sui heredes). But this did not apply to married daughters who had passed into the manus of their husbands, or the children who had been freed by emancipation from the potestas of their father. If the man left no wife or children, the agnati, or relations in the male line, inherited, according to the degree of their kinship. If there were no agnati, and the man was a patrician, the property went to his gens. The cognati, or relations in the female line, were originally not entitled to inherit by the civil law. But, as time went on, their claim was gradually recognised more and more to the exclusion of the agnati, until at last Justinian entirely abolished the privilege of the latter, and substituted the principle of blood-relationships for that of the civil law. Vestal Virgins were regarded as entirely cut off from the family union, and therefore could not inherit from an intestate, nor, in case of their dying intestate, did the property go to their family, but to the state. But, unlike other women, they had unlimited right of testamentary disposition. If a freedman died intestate and childless, the patronus and his wife had the first claim to inherit, then their children, then their agnati, and (if the patronus was a patrician) then his gens. In later times, even if a freedman, dying childless, left a will, the patronus and his sons had claim to half the property. Augustus made a number of provisions in the matter of freedmen's inheritance. The civil law made it compulsory on a man's sui heredes to accept an inheritance whether left by will or not. But as the debts were taken over with the property, the edictum of the praetor allowed the heirs to decline it. A fortiori, no other persons named in the will could be compelled to accept the legacy. (See WILL.)
 
DILECTUS 10.34%

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The levying of soldiers for military service among the Romans. In the republican age all the citizens who were liable to service assembled in the Capitol on the day previously notified by the Consuls in their edictum, or proclamation. The twenty-four tribuni militum were first divided among the four legions to be levied. Then one of the tribes was chosen by lot, and the presence of the citizens ascertained by calling the names according to the lists of the several tribes. The calling was always opened with names of good omen (see OMEN). If a man did not appear, he would be punished according to circumstances, by a fine, confiscation of property, corporal punishment, even by being sold into slavery. Four men of equal age and bodily capacity were ordered to come forward, and distributed among the four legions, then another four, and so on, that each legion got men of equal quality. As the proceeding was the same with the other tribes, each legion had a quarter of the levy for each tribe. No one man was excused (vacatio) from service unless he was over 46 years of age, or bad served the number of campaigns prescribed by law, twenty in the infantry, ten in the cavalry, or held a city office or priesthood, or had a temporary or perpetual dispensation granted on account of special business of state. In ancient times the levy of the cavalry followed that of the infantry, in later times it preceded it. On the oath taken after the levy see SACRAMENTUM. About the year 100 B.C. Marius procured the admission of the capite censi, or classes without property, to military service (see PROLETARII). After this the legions were chiefly made up out of this class by enlistment; and though the liability to common military service still existed for all citizens, the wealthy citizens strove to relieve themselves of it, the more so, as after Marius the time of service was extended from twenty campaigns to twenty years. In 89 B.C. the Roman citizenship was extended to all the inhabitants of Italy, and all, therefore, became liable to service. The levies were in consequence not held exclusively in Rome, but in all Italy, by conquisitores. These functionaries, though they continued to use the official lists of qualified persons, assumed more and more the character of recruiting officers. They were ready to grant the vacatio, or exemption, for money or favour, and anxious to get hold of volunteers by holding out promises. The legal liability to military service continued to exist in imperial times, but after the time of Augustus it was only enforced in regard to the garrison at Rome, and on occasions of special necessity. The army had become a standing one, and even outside of Italy, except when a special levy of now legions was made, the vacancies caused by the departure of the soldiers who had served their time were filled up by volunteers. The levy was carried out by imperial commissioners (dilectatores), whose business it was to test the qualifications of the recruits. These were, Roman citizenship-for only citizens were allowed to serve, whether in the legions, or in the guard and other garrison cohorts of Rome (Cohortes Urbanae)-physical capacity, and a certain height, the average of which was 5 feet 10 inches under the empire. For the republican age we have no information on this point.
 
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