DISPUTATION I.

CONCERNING

The Last Title of the 50th Book of the Digest,

Diverse Rules of Ancient Law.

"Without preambles, without a prologue, just as the Laconians original: "Lacones" formerly did in a sacred matter."

A decorative woodcut initial letter "I" featuring floral motifs and scrolling foliage.
The Title is inscribed concerning DIVERSE Rules. For many are omitted. For example: An action does not arise from a pact original: "Ex pacto non nascitur actio", Law 7, paragraph 5, verse: the same response is given, Digest, On Pacts. The necessity of proving falls upon the petitioner, that the thing is his own, Law 1, Code of Theodosius, On the trustworthiness of documents. To one who has a tutor, no tutor is given, Law 20, paragraph 1, Digest, On Tutors and Curators. A tutor cannot become an agent for his own matter, Law 1, in the beginning, Digest, On the authority of tutors. Among one's own i.e., those in the immediate family, a closer relative does not exclude those placed in a more distant degree, Cajetan, Book 2, Institutes, Title 8, paragraph 3. An inheritance or liberty cannot be taken away from a slave, Law 13, paragraph 1, Digest, On the liberated and posthumous heir (on which see Cujacius 17, Observations 38) and many others: of which not even the slightest mention is made under this title, Cujacius, P. Fab. in this place.

2. Again, there are included in this title some chapters of laws which are not Rules of Law, such as: Definition of a Rule, Law 1; Definition of Inheritance, Law 62; Definition...