distinction — Decretum of Gratian

Distinction II

English · Latin · Both

¶.

GRATIAN. Part I. The law of the Quirites consists of statutes, plebiscites, senatorial decrees, enactments of princes, edicts, or the opinions of jurists.

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1.

C. I. What a statute is.

[Isidore, Etymologies, Book V, c. 10, and Book II, c. 10.] A statute is an enactment of the people by which the elders, together with the commons, sanctioned something.

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2.

C. II. What a plebiscite is.

[Isidore, same chapter 11.] Plebiscites are those things which the commons alone establish; and they are called plebiscites because the commons know them, or because they vote upon and request that they be done.

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3.

C. III. What a senatorial decree is.

[Isidore, same chapter 12.] A senatorial decree is that which the senators alone determine in taking counsel for the peoples.

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4.

C. IV. What an enactment or edict is.

[Isidore, same chapter 13.] An enactment or edict is that which a king or emperor establishes or publishes.

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5.

C. V. What the opinions of jurists are.

[Isidore, same chapter 14.] The opinions of jurists are those which legal experts are said to give in answer to those consulting them; whence the Opinions of Paul are so called. For there were certain learned men and arbiters of equity who published composed institutes of civil law by which they might quiet the disputes and contentions of those at variance.

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6.

C. VI. What tribunician or consular laws are.

[Isidore, same chapter 15.] Part II. Certain laws are also named after those who established them, as consular, tribunician, Julian, and Cornelian laws. For under Caesar Octavian, the suffect consuls Papius and Pompeius enacted a law that is called the Papian-Pompeian law from their names, containing rewards for fathers for begetting children. Under the same emperor, Falcidius, tribune of the commons, also made a law that no one should bequeath more by testament to strangers than would leave a fourth part for the heirs; from his name it is called the Falcidian law.

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7.

C. VII. What a lex satura is.

[Isidore, same chapter 16.] A lex satura is a law that speaks of several matters at the same time, named from the abundance of matters and, as it were, from fullness; whence to write satire is also to compose varied poems, as did Horace, Juvenal, and Persius.

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8.

C. VIII. What the Rhodian laws are.

[Isidore, same chapter 17.] The Rhodian laws concern maritime commerce and are named after the island of Rhodes, where in antiquity there was a practice of merchants.

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