The thirtieth, thirly-first and th,irty-e.cond, each divided into two titles, contain the law of trusts and speoific legaciee.
The thirt,y-third, thirty-fourth, and thirty-fifth— the first divided into ten titles, the second into nine titles. and the last into three titles—treat of various kinds of legaciee. The thirty-sixth. con• taining four titles, explains I he senatua-consulturu Trebellianum, and the time when trusts become due.
5. The thirty-seventh book, containing fifteen titles, hae two objecte,—to regulate succeseions and to declare the respect which children owe their parents and freedmen their patrons. The thirty eighth book, in seventeen titles, treats of a I ariety of subjects : of succeesions, and of the degree of kindred in successione ; of possession ; and of heirs The thirty-ninth explains the means which the law and the praetor take to prevent a threatened injury, and donations inter rivos and mortis eausa. The fortieth, in sixteen titles, treats of the state and condition of persons, and of what relates to freed men and liberty. The different means of acquiring and losing title to property are explained in the forty-first hook, in ten titles. The forty-second, in eight titlee, treats of the reit judicata, and of the seizure and sale of the property of a debtor. In terdicts, or possessory actions, are the object of the forty-third book, in three titles. The forty-fourth contains an enumeration of defences which arise in consequence of the yes judieato, from the lapse of time, prescription, and the like. This occupies six titles ; the seventh treats of obligations and actions. The forty-fifth :Teaks of stipulations, by freedmen or by slaves. It contains only three titles The forty-sixth, in eight titlee, treats of securities, no vatione and delegatione, payments, releases, and acceptilatione. In the fioly-seventh book are ex pli.ined the punishments inflicted for private crimes, de privatio delietia, among which are included lar cenies, slander, libels, offences against religion and public manners, removing boundaries, and eimilar offences.
6. The forty-eighth, hook treats of public crimes, among which are enumerated thoee of lteste-mojesta t is, adultery, murder, poisoning, parricide, extortion, and the like, with rules for procedure in such cases. The forty-ninth, in eighteen titles, treats of appeals, of the rights of the public treasury, of those who are in captivity, and of their repurchase. The fiftieth and last book, in seventeen titles, explains the rights of municipalities, and then treats of a variety of public officers.
These fifty books are allotted in seven parte: the first contains the first four books ; the second, from the fifth to the eleventh book inclnsive; the third, from the twelfth to the nineteenth inclusive; the fourth, from the twentieth to the twenty seventh inclusive ; the fifth, from the twenty-eighth to the thirty-sixth inclusive ; the sixth commences with the thirty-seventh and ended with the forty seventh book ; and the seventh, or last, is com posed of the last six books.
The division into digesttan petits (book first to and including title eeeond of hook twenty-fourth), digestunt infortiotnm (title third of hook twenty fourth, to and including .book thirty-eighth), and digest2tm novum (from book thirty-ninth to the end), has reference to the order in which these three parte appeared.
The Pandects are more usually cited by English and American jurists by numbers, thus : Dig. 23. 3. 5. 6, meaning book 23, title 3, law or fragment 5, section 6 ; eometimes, also, otherwise, as, D. 23. 3. fr. 5. 0 6; or fr. 5. 0 6. D. 23. 3. The old mode of citing was by titles and initial words, thin: D. de jure dotium, L. profeetitia, al pater ; or tho same references in reverse order. From this after wards originated the following : L. profeetitia 5.
ai pater 6, D. de jure dotittin, and, lastly, L. 5. 0 6. D. de jure dotium,—which is the form com monly need by the continental juriste of Europe.
Mackeldy, Civ. Law, 54, 55, 0 65, And see Tay lor, Civ. Law, 24, 25. The abbreviation S. wag commonly need inetead of Dig. or Pandects.
7. The Pandecte-119 well indeed as all Jus tinian's laws, except some fragments of the Code and Novels—were lost to all Europe for ft consi derable period. During the pillage of Amalfi, in the war between the two soi-disant popes Inno cent II. and Anaclet II., a soldier discoveied an old manuscript, which attracted his attention by its eovelope of many colors. It was carried to the Emperor Clothairo, and proved to be the Paudects of Justinian. The work was arranged in its pre sent order by IV arner, a German, whose Latin name is Irnerius, who was appointed by that empe ror Professor of Roman Law at Bologna. I Four nel, Hist. des Avoonts, 44, 46, 51. The style of the work is very grave and pure, find contrasts in this respect with that of the Code, which is very far from classical. On the other hand, the learn ing of the Digest stands rather in the discussing of subtle questions of law, and enumerations of the variety of opinions of ancient lawyers there upon, than in practical matters of daily use, of which the Code so eimply and directly treats. See Ridley, View, pt. i. eh. 1, 2.