Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

988 RESTITUTIO IN INTEGRI'UM. RE TIS.
assent of a Tutor or Curator was required, and claimant to deal with, the adversary could meet the
therefore if he did such act by hinlself; no Resti- assignee, when he sued, with anll exceptio judicii
tutio was necessary. If the Tutor had given his imutandi causa.
Auctoritas, or the Curator his assent, the trans- The case of alienatio in fraudem creditorum
action was legally binding, but yet the Minor facta. (Dig. 42. tit. 8.) When a man was insolcould claim Restitutio if he had sustained injury vent (non solvendo), and alienated his property for
by the transaction. Gaius (iv. 57) gives all ex- the purpose of injuring his creditors, the Praetor's
ample, when he says that if too large all amount Edict gave the creditors a remedy. If for instance
was inserted in the Condemnatio of the Formula, a debt was paid post bona possessa, it was abso
the matter is set right by the Praetor, or in other lutely void, for the effect of the Bonorum Possessio
words " reus in integrum restituitur," but if too in the case of insolvency was to put all the credi=
little was inserted in the formula, the Praetor would tors on the saine footing. If any alienation was
not make ally alteration; "for," lie adds, " the made before the Bonorum Possessio, it was valid
Praetor more readily relieves a defendant than a in some cases. A debtor might reject any thing
plaintiff; but we except the case of Minores xxv which was for his advantage, for the Praetor's
annorum, for the Praetor relieves persons of this edict related only to the diminution of his property,
class in all cases wherein they have committed and not to its increase. If the act was such as to
error (in omnibus rebus lapsis)." diminish his property (fraudationis causa) the creThere were however cases in which Mlinores could ditors, as a general rule, were intitled to have the
obtain no Restitutio; for instance, when a Minor act undone. A creditor who exacted his just debt,
with fraudulent design gave himself out to be was intitled to retain it. The actio by which the
Major; when he confirmed the transaction after creditors destroyed the effect of an illegal alienacoming of age; and in other cases. The benefit of tioni was called Pauliana, which was brought by
this Restitutio belonged to the heredes of the Mi- the Curator bonorium in the name of the creditors,
nor, and generally also to sureties. The demand for the restoration of the thing which had been imcould only be made, as a general rule, against the properly aliened, and all its fruits. The creditors
person with whom the Minor had the transaction were also intitled to an Interdictum fraudatorium
and his hleredes. The Minor had four years after in order to get possession of the thilng that had
attaining his majority, in which he could sue. The been improperly aliened. (Dig. 36. tit. 1. s. 67.)
older law allowed only one year. If the time had In the Imperial times, Restitutio was also apnot elapsed when he died, his heres had the benefit plied to the remission of a punishment (Tac. Ann.
of the remaining time, which was reckoned from xiv. 12; Plin. Eta. x. 64, 65; Dig. 48. tit. 19. s. 27)
the time adeundi hereditatem; and if the heres which could only be done by the Imperial grace.
was a Minor, from the time of his attaining his (Dig. 4. tit. 1-7; 44. tit. 4; Paulus, S. R. i.
majority. [CURATOR.] tit. 7-9; Cod. 2. tit. 20-55; Cod. Theod. 2.
The case of Absentia: which comprehends not tit. 15, 16; Miihlenbruch, Doct. Pandect.; Macnmerely absence in the ordinary sense of the word, keldey, Lehrbucsh, &c. 12th ed.; Rein, DasR677ziscle
but absence owing to madness or imprisonment, Pricvatrechlt; Rudorff, Zeitschr-if flicb Gesc/icht.
and the like causes. (Dig. 4. tit. 6. s. 28.) If a Recltsw. xii. 1 31, Ueber die Octavianisclhe Fornel;
man had sustained injury by his own absentia, he Puchta, Inst. ii. ~ 209.) [G. L.]
was generally intitled to restitutio, if the absentia RESTITUTO'RIA ACTIO. [INTERCESSIO.]
was unavoidable: if it was not unavoidable, le RETIA'RII. [GLA)IAToRES, p. 575, b.]
was intitled to Restitutio, either if he could have RETI'CULUM, a head-dress. [CorMA, p.
no redress from his Procurator, or was not blamable 329, a.]
for not having appointed one. If a mani found RETIS and RETE; dim. RETI'CULUM
that he might sustain damage on account of the (;trctvov), a net. Nets were made most commonly
absence of his adversary, he might avoid that by of flax from Egypt, Colchis, the vicinity of the
entering a protestation in due form. Cinyps in North Africa, and some other places.
The case of Error, Mistake, comprehends such Occasionally they were of hemp. (Varro, de Re
error as cannot be imputed as blame; and in such Rust. iii. 5.) They are sometimes called lisn
case, a man could always have restitutio when (ALva) on account of the material of which they
another was enriched by his loss. The erroris consisted. (Hom. II. v. 487; Brunck, Anical. ii.
eausae probatio somewhat resembles this case. 494, 495.) The meshes (smaczile, Ovid. Epist. v.
(Gaius, i. 67-75.) 19; Varro, de Re Rust. iii. 11; Nemesiani, Cyneg.
The case of Capitis diminutio through adrogatio 302; lpOXol, diim. /poXs1es, Heliodor. vi. p. 231,
or in manum conventio, which was legally followed ed. Commelin.) were great or small according to
by the extinction of all the obligationes of the per- the purposes intended; and these purposes were
son adrogated or il manu. The Praetor restored very various. But by far the most important apto the creditors of such persons their former rights. plication of net-work was to the three kindred arts
(Gaius, iii. 83, iv. 38.) of fowling, hunting, and fishing: and besides the
The case of alienatio judicii mutandi causa facta general terms used alike in reference to all these
is hardly a case of restitutio, though sometimes employments, there are special terms to be explained
considered such. It occurs when a man alienates under each of these heads.
a thing for the purpose of injuring a claimant biy I. In fowling the use of nets was comparatively
substituting for himself another against whom the limited (Aristoph. Alv. 528); nevertheless thrushes
claimant cannot so easily prosecute his right. In were caught in them (Hor. iEpod. ii. 33,34); and
the case of a thing which the Possessor had thus doves or pigeons with their limbs tied up or
alienated, the I'raetor gave an actio in factum fastened to the ground, or with their eyes covered
against the alienor to the full value of the thirg. or put out, were confined in a net, in order that
If a man assigned a claim or right with the view their cries might allure others into the snare.
of injuring his adversary by giving him a harder (Aristoph. Av. 10083.) The ancient Egyptiar.e,as