Commentaries on the Last Two Titles of the Digest

...of an acervate heaped-up syllogism, which is called a Sorites, Law 65, Digest, in this title. Cujacius, in his Paratitla to the Digest, in this place; P. Fab. on the said Law 1, at the end; Different opinion of P. Matth. on the said Law 62, number 1.

3. By ancient law in this Rubric is understood the law which is older than the Constitutions of Justinian, and is contained partly in the Pandects and partly in the imperial constitutions introduced before Justinian, Law 1, paragraph 4, "We command"; Law 2, in the beginning, and paragraph 1, Code, On the reduction of ancient law; Law 1, Code, On the amendment of the Code; Paragraph 4, Proemium, Institutes; Law 6, "When it is fitting," in the beginning, Code, On goods of those who are free; Law, final, at the end, Code, On manumission, joined with Law 1, Code, On concubinage. Cujacius, in the said place; P. Fab. in this place.

LAW 1. PAULUS.

A rule is that which narrates a thing briefly. Not that the law is taken from the rule, but that the rule is made from the law that exists. Therefore, through a rule, a brief narration of matters is handed down, and (as Sabinus says) it is as it were a gathering of the case: which as soon as it is faulty in some respect, it loses its function.

A rule original: "Κανών" is a brief narration and connection of a matter, which, as soon as it has faltered in something, does not signify the underlying subject. But the rule is taken from the laws, not the law from the rule.

1. A rule briefly narrates the thing that is. By the thing original: "Rem", beware of understanding a thing done or a fact. For the narration of this is proper to the litigant, the advocate, the Orator, Law 1, Code, On the contestation of litigation; Law 2, in the beginning, Code, On the oath to be taken regarding calumny. But by the thing that is, Paulus understands the law that is. A rule briefly narrates the law that is, and encompasses and hands it down in a summary of speech. Cagnolus, P. Fab. in this place, number 4. Hotomannus, 2, Observations 18. Just as in the definition of Jurisprudence, the knowledge of things is the knowledge of the law regarding things.