The form of pleading used in this country is derived from that of the Romans. In Bracton's work, the fifth part, which is entitled De Exceptionibus,' occupies the same place in his treatise as the same matter does in the Institutes of Gains and of Justinian, and the terms used by Bracton are those of the Roman law : indeed, the whole work of Bracton follows the method and order of Justinian's Institutes. A comparison between the Roman and English procedure in equity is made in Gilbert's Forum Romanum.' After the Legis Actiones among the Romans fell into disuse, the mode of procedure was per formulas, the nature of which is fully explained by Gains (iv. 39, &c.). The Demonstratio was that part of the formula which showed the matter upon which the plaintiff's demand was founded ; the Intentio contained the demand ; the Adju dicatio gave power to a judex to decide on the matters in dispute; and the Condemnatio empowered him to make a decree in favour of the plaintiff, or to dismiss the defendant, according to the evidence pro duced before him. The formula was a proceeding in jure, that is, before the praetor, and it contained the instructions to the judex, to whom, according to Roman practice, the investigation of the facts and the ministerial duty of pronouncing the decree were entrusted. The answer of the defendant to the plaintiff's claim was called Exceptio, and exceptiones were either peremptorim—in the bar, or dilatoriae- iu abatement. The plaintiff might answer the defendant's plea by his
Replicatio, and the defendant might answer the Replicatio by a Dupli catio, to which the plaintiff might answer by a Triplicatio ; " and the practice of all such pleadings," says Gains (iv. 129), " has been sometimes carried even farther than this, owing to the multifarious character of the matters in dispute." One example may be sufficient as an instance of the Roman pleading. " If an argentarius sue for the price of a thing sold by public auction, the form of the defendant's plea may be a submission to have judgment against him, provided (Si) the thing which was purchased has been delivered tohim ; and this is a good plea (exceptio). But if the con ditions of sale were that there should be no delivery till the money was paid, the argcntarius may put in a replication to this effect, sub mitting to the plea, unless (nisi) the conditions of sale were that the thing should not be delivered to the purchaser before he had paid the money " (iv. 126). The words ei and nisi, which are used in this pas sage, were introduced merely for the purpose of adapting the pleadings for insertion in the formula; for the Condemnatio iu the formula was conditional ; that is, if so and so is proved, then make such and such a decree against the defendant; and if not proved, dismiss the de fendant.