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.)
1. Certain laws are named from those who secured their enactment,
as consular, tribunitian, Julian, Cornelian. Papius and Poppaeus,
_consules suffecti_[296] under Caesar Octavianus, carried a law which
was called from their names _Papia Poppaea_, offering rewards to
fathers for rearing children.
[296] Holding the consulate for part of the year only.
2. Under the same emperor, Falcidius, a tribune of the people,
carried a law that no one should bequeath property in such a way that
a fourth, at least, should not remain for the heirs. And it was named
the _lex Falcidia_ from him. Aquilius also secured the passage of a
law which is called _Aquilia_ to the present time.
Chapter 16. On the _lex satyra_.
1. A _lex satyra_ is one which speaks at the same time of many
things, being so called from the abundance of things, as it were from
_saturitas_ (fullness); whence to write satire is to compose poems
with varied contents, as those of Horace, Juvenal, and Persius.
Chapter 17. On the Rhodian laws.
1. The Rhodian laws are the laws of commerce on the sea, being so
called from the island of Rhodes where was a great trade in ancient
times.
Chapter 18. On privileges.
1. Privileges (_privilegia_) are laws applying to individuals,
private laws, as it were. For _privilegium_ is so called because it
is applied to a private person (_in privato feratur_).
Chapter 19. What law can do.
1. Every law either permits something, as that a brave man should
compete for a prize, or forbids, as that no one should be allowed to
ask the sacred maidens in marriage, or punishes, as that he who has
committed murder should suffer capital punishment. For human life is
governed by the reward or punishment of the law.[297]
[297] Reading _legis_ for _eius_. See 2, 10.
Chapter 20. Why law was made.
1. Laws were made in order that the boldness of men may be checked by
fear of them, and innocence be safe among the wicked, and the power
of harm bridled among the wicked by the dread of punishment.
Chapter 21. What law ought to be.
1. Law will be honorable, just, possible, according to nature,
according to the custom of the country, adapted to the place and
time, necessary, useful, clear also, lest it contain anything in
its obscurity that tends to fraud, drawn up for no one’s private
advantage, but for the common good of all citizens.
Chapter 24. On legal instruments.
1. _Voluntas_ (will) is the general name for all legal instruments,
and it has received this name because it issues from free will, not
from compulsion.
2. _Testamentum_ (will) is so named because, unless the testator
dies, what is written in it cannot be established or known, since
it is closed and sealed; and it is called _testamentum_ because
it is not in effect until the burial of the testator (_testatoris
monumentum_); whence the Apostle says: _Testamentum in mortuis
confirmatur_.
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