The process by which the cognitio extraordinaria took its place was gradual, and was accomplished in the provinces earlier than in Rome. Briefly, the new system meant that the magistrate used his administrative powers, always large, for the purpose of set tling disputes. He could command, and thus if one man brought a complaint against another before him, he could investigate the matter and give the order he thought fit. As imperially ap pointed officers who had no iurisdictio in the old sense, superseded republican magistrates, so this administrative process became more common. The result is that the old contractual element in procedure disappears, as well as the old division into two stages. Justice is now imposed from above by the state, not, as originally, a kind of voluntary arbitration supervised by the state.
(17th ed., Munich and Leipzig, 1926) (English translation of 9th edition by Ledlie, Oxford, 1901). For Sources and History see e.g., P. Kruger, Geschichte der Quellen and Literatur des rom. Rechts (2nd ed., Munich and Leipsic, 1912) ; T. Kipp, Geschichte der Quellen des rom. Rechts (4th ed., Leipsic, 1919) ; B. Ktibler, Geschichte des rom. Rechts (Leipsic, 5925) ; G. Cornil, Droit romain, apercu historique sommaire (Brussels, 1921) ; E. Costa, Storia del diritto romano privato (2nd ed., Turin, 1925) ; J. Muirhead, Historical Introduction to the Private Law of Rome, 3rd ed., London, 1916. In Holtzendorff's Enzyklopiidie der Rechtswissenschaft, Vol. 1 (2nd ed. of revised version, Munich and Leipsic, 1915) ; 0. Lenel's article on history and sources (Geschichte u. Quellen des rom. Rechts) and E. Rabel's on the private law of classical times (Grundziige des ram. Privatrechts) are both authoritative and contain full references to modern literature. (H. F. J.)