An encyclopedist of the dark ages: Isidore of SevilleBrehaut, Ernest
History
An encyclopedist of the dark ages: Isidore of Seville
Brehaut, Ernest
Isidore, of Seville, Saint, -636; Thesis (Ph. D.)
2. Likewise the restoring of property entrusted or lent, the
repelling of violence by force. For this, or whatever is like this,
is nowhere considered unjust, but natural and fair.
Chapter 5. On _jus civile_.
1. _Jus civile_ is what each people or state has enacted as its own
law, for human and divine reasons.
Chapter 6. On _jus gentium_.
1. _Jus gentium_ is the seizing, building, and fortifying of
settlements, wars, captivities, servitudes, postliminies, treaties,
peaces, truces, the obligation not to violate an ambassador, the
prohibition of intermarriage with aliens. And [it is called] _jus
gentium_ because nearly all nations observe it.
Chapter 7. On _jus militare_.
1. _Jus militare_ is the ceremony of beginning war, the obligation
in making a treaty, the going out against the enemy when the signal
is given, and the joining of battle; likewise the retreat when the
signal is given; likewise the punishment of a soldier’s fault if a
post should be deserted. Likewise the amount of pay, the grades of
office, and the honor of rewards, as when a crown or a necklace is
given.
2. Likewise the determination of the booty, and the just division
according to rank of persons and labors undergone, likewise the share
of the commander.
Chapter 8. On _jus publicum_.
1. _Jus publicum_ has to do with sacred things, and priests and
magistrates.
Chapter 9. On _jus quiritium_.
1. _Jus quiritium_ is the law proper to the Romans, by which none
is bound but the _Quirites_, that is, the Romans, as in regard to
inheritances, declarations of entry upon inheritances, guardianships,
acquiring by prescription; which laws are found among no other
people, but they are proper to the Romans and made for them alone.
2. The _jus quiritium_ is made up of laws, plebiscites, decrees of
the senate, constitutions and edicts of emperors and opinions of
jurists.
Chapter 10. On _lex_.
1. _Lex_ is the enactment of the people, by which the elders,
together with the plebeians, passed some law.
Chapter 11. On plebiscites.
1. Plebiscites (_scita_) are what the common people alone enact....
Chapter 12. On the _senatus consultum_.
1. A _senatus consultum_ is that which the senators alone determine
in council for the people.
Chapter 13. On the constitution or edict.
1. A constitution or edict is what the king or emperor enacts or
proclaims.
Chapter 14. On the responses of the jurists (_responsa prudentum_).
1. They are the responses which the jurisconsults are said to make
to men who consult them. From this the responses of Paulus were so
named. For there were certain wise men and judges of equity who
composed and published institutions of civil law, by which they
settled the suits and contentions of disputants.
Chapter 15. On consular and tribunitian laws.
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