Difference

A dispute; con-
test. As the differences of the pur-
tics have been settled by a compro-
mise.

DIGEST, civil law. The name
sometimes given to the Pandects of
Justinian ; it is so called because this
compilation is reduced to order, quasi
digestia.

2. — It is an abridgment of the deci-
sions of the prirtors and the works of
the learned and ancient writers on the
law. It was made by order of the
Emperor Justinian who, in 530, pub-
lished an ordinance entitled l)c con -
ceptione Digestorum , which was ad-
dressed to Triboninn, and by which ho
was required to select some of the most
distinguished lawyers to assist him in
composing a collection of the best de-
cisions of the ancient lawyers, and
compile them in fifty books, without
confusion or contradiction. The work
was immediately commenced, and com-
pleted on the 10th of December, 533.

3. — The Digest is divided in two dif-
ferent ways, the first, into fifty books,
each book in several titles, and each
title in several laws; at the head of
each of them is the name of the lawyer
from whose work it was taken.

4. — 1. The first book contains twen-
ty-two titles ; the subject of the first is
De justicia ct jure; of the division
of person and things ; of magistrates,
&c.

5. — 2. The second, divided into fif-
teen titles, treats of the power of magis-

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459

trates and their jurisdiction ; the man-
ner of commencing suits; of agreements
and compromises.

6. — 3. The third, composed of six
titles, treats of those who can and those
who cannot sue; of advocates and at-
torneys anti syndics; anti of calumny.

7. — 4. The fourth, divided into nine
titles, treats of causes of restitution ; of
submissions anti arbitrations; of minors,
carriers by water, innkeepers and others
who have the care of tlic property of
others.

8. — 5. In the fifth there arc six titles,
which treat of jurisdiction, inofficious
testaments.

9. — 0. The subject of the sixth, in
which there arc three titles, is actions.

10. — 7. The seventh, in nine titles,
embraces whatever concerns usefructs,
personal servitudes, habitations, the
uses of real instate, and its appurten-
ances, and of the sureties required of
the usufructuary.

11. — 9. The eighth book, in six
titles, regulates urban and rural servi-
tudes.

12. — 9. The ninth book, in four
titles, explains certain personal actions.

13. — 10. The tenth, in four titles,
treats of mixed actions.

14. — 11. The object of the eleventh
book, containing eight titles, is to regu-
late interrogatories, the cases of which
the judge was to take cognizance, fugi-
tive slaves, of gamblers, of surveyors
who made false reports, and of funerals
and funeral expenses.

15. — 12. The twelfth book, in seven
titles, regulates personal actions in
which the plaintiff claims the title of a
thing.

16. — 13. The thirteenth, treats of
certain particular actions, in seven
titles.

17. — 14. This, like the last, regu-
lates certain actions : it has six titles.

18. — 15. The fifteenth, in four titles,
treats of actions for which a father or
master is liable, in consequence of the
acts of his children or slaves, and those
to which he is entitled ; of the peculium
of children and slaves, and of the ac-
tions on this right.

19. — 10. The sixteenth, in three
titles, contains the law minting to the
senatus consultum valleianum, of com-
pensation or set off, and of the action
of deposit.

20. — 17. The seventh in two titles,
expounds the law of mandates and
partnership.

21. — 18. The eighteenth book, in
seven titles, explains the contract of
sale.

22. — 19. The nineteenth, in five ti-
tles, treats of the actions which arise
on a contract of sale.

23. — 20, The law minting to pawns,
hypothecation, the preference among
creditors, and subrogation, occupy the
twentieth book, which contains six
titles.

24. — 21. The twenty-first book ex-
plains under three titles, the edict of
the ediles relating to the sale of slaves
and animals; then what relates to
evictions and warranties.

25. — 22. The twenty-second treats
of interest, profits and accessories of
things, proofs, presumptions, and of
ignorance of law and fact. It is divided
in six titles.

26. — 23. The twenty-third, in five
titles, contains the law of marriage,
and its accompanying agreements.

27. — 24. The twenty-fourth, in three
titles, regulates donations between hus-
band and wife, divorces, and their con-
sequence.

28. — 25. The twenty-fifth is a con-
tinuation of the subject of the preced-
ing. It contains seven titles.

29. — 26 and 27. These two books
I each in two titles, contain the law re-
I lating to tutorship and curatorship.

30. — 29. The twenty-eighth, in eight
titles, contains the law on last wills and
testaments.

31 . — 29. The twenty-ninth, in seven
titles, is the continuation of the twenty-
eighth book.

32. — 30, 31, and 32. These three
lxx>ks, each divided in two titles, con-
tain the law of trusts and specific lega-
cies.

33. — 33, 34, and 35. The first of
these, divided in ten titles ; the second,

400

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in nine titles, and the last in three
titles, treat of various kinds of legacies.

34. — 36. The thirty-sixth, contain-
ing four titles, explains the senatus con-
sultum trebcllianum, and the time when
trusts become due.

35. — 37. This book, containing fif-
teen titles, has two objects, first, to re-
gulate protorian successions ; and, se-
condly, the respect which children owe
their parents, and froedmen their pa-
trons.

30. — 38. The thirty-eighth book, in
seventeen titles, treats of a variety of
subjects ; of successions, and of the
degree of kindred in successions; of
possession ; and of heirs.

37. — 39. The thirty-ninth explains
the means the law and the pretor take
to prevent a threatened injury ; and
donations inter vivos and mortis causa.

38. — 40. The fortieth, in sixteen
titles, treats of the state and condition
of persons and of what relates to lrecd-
mcn and liberty.

39. — 41. The different means of
acquiring and losing title to property,
nro explained in the forty-first book, in
ten titles.

40. — 42. The forty-second, in eight
titles, treats of the res judicata, and
of the seizure and sale of the property
of a debtor.

41. — 43. Interdicts or possessory
actions are the object of the forty-third
book, in three titles.

42. -44. The forty-fourth contains
an enumeration of defences which
arise in consequence of the res judi-
cata, from the lapse of time, prescrip-
tion and the like. This occupies six
titles ; the seventh treats of obligations
and actions.

43. — 45. This speaks of stipulations,
by freedmen, or by slaves. It con-
tains only three titles.

44. — 46. This book, in eight titles,
treats of securities, novations, and de-
legations, payments, releases, and ac-
cept ilations.

45. — 47. In the forty-seventh book
are explained the punishments inflicted
for private crimes, de privates delictis ,
among which are included larcenies,

slander, libels, oflences against religion,
and public manners, removing boun-
daries, and other similar oflences.

4G. — 49. This book treats of public
crimes, among which arc enumerated
those of Utsee magistatis , adultery,
murder, poisoning, parricide, extortion,
and the like, with rules for procedure
in such cases.

47. — 49. The forty-ninth, in eighteen
titles, treats of appeals, of the rights
of the public treasury, of those who
arc in captivity, and of their repur-
chase.

48. — 50. The last book, in seven-
teen titles, explains the rights of muni-
cipalities, and then treats of a variety
of public oflicers.

49. — Besides this division, Justinian
made another, in which the fifty books
were divided in seven parts : The first
contains the first four books ; the se-
cond, from the fifth to the eleventh
book inclusive; 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 inclu-
sive; the sixth, commenced with the
thirty-seventh, and ended with the
forty-fourth book ; and the seventh or
last was composed of the last six
books.

50. — A third division, which how-
ever is said not to have been made by
Justinian, is in three parts. The first,
called digestion vet us, because it was
the first printed. It commences with
the first l>ook, and includes the work
to the end of the second title of the
twenty-fourth book. The second, called
digest um inforliatum , because it is
supported or fortified by the other two,
it being in the middle ; it commences
with the beginning of the third title of
the twenty-fourth book and ends with
the thirty-eighth. The third, which
begins with the thirty-ninth book and
ends with the work, is called digestion
novum , because it was last printed.

51. — The Digest, although compiled
in Constantinople, was originally writ-
ten in Latin, and afterwards translated
into Greek.

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461

DIGNITIES, English law , arc titles
of honour.

2. — They arc considered as incor-
poreal hereditaments.

3. — The genius of our government
forbids their admission in the re-
public.