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

708 LITIS CONTESTATIO. LITIS CONTESTATIO
Aen. iv. 137; Serv. in loc.) This ornament, when from the use of the words contestatio and testatio
displayed upon the tunic, was of a similar kind in a similar sense in other passages (Dig. 28. tit. ].
with the CYCLAS and INSTITA (Servius in Virg. s. 20; Ulp. 1Frag. xx. s. 9) that this contestatio was
Aen. ii. 616), but much less expensive, more corn- the formal termination of certain acts of which the
mon and more simple. It was generally woven in persons called to be witnesses were at some future
the same piece with the entire garment of which it time to bear record. Accordingly the Contestatio,
formed a part, and it had sometimes the appear- spoken of in the passage of Festus, must refer to
ance of a scarlet or purple band upon a white the words ordinate judicio, that is,.to the whole
ground; in other instances it resembled foliage business that has taken place In Jure and which is
(Virg. Aen. i. 649; Ovid, MSet. vi. 127), or the now completed. This interpretation seems to be
scrolls and meanders introduced *in architecture. confirmed by the following considerations.
A very elegant effect was produced by bands of WTrhen the Legis Actiones were in force, the
gold thread inlterwoven in cloth of Tyrian purple procedure consisted of a series of oral acts and.(Ovid, Met. v. 51), and called Alpoi or leria. pleadings. The whole procedure, as was the case
(Festus, s. v.; Brunck, Anal. i. 483.) Demetrius after the introduction of the Formulae, was divided
Poliorcetes was arrayed in this manner (Xpv(uo- into two parts, that before the Magistratus or In
reapvpoir dXoupysL, Plut. Deniet. 41). Virgil Jure, and that before the Judex or In Judicio.
(Aenz. v. 251) mentions a scarf enriched withll gold, That before the Magistratus consisted of acts and
the border of which was in the form of a double words bythe parties, and by the Magistratus, the
meander. In illustration of this account examples result of which was the determination of the form
of both the single and the double meander are in- and msanner of the future proceedings In Judicio.
troduced at the top of the annexed woodcult. The When the parties appeared before the Judex, it
other eight specimens of limbi are selected to show would be necessary for him to be fully informed of
some of the principal varieties of this ornament, all the proceedings In Jure: this was effected in
which present themselves on Etruscan vases and. later times by the Formula, a written instrument
other works of ancient art. under the authority of the Praetor, which contained
the result of all the transactions In Jure in the;______________;____ w e PIi ~~1 no evidence of any such written instructions having
il[._ —--— Q __._l___ _ i been used in the time of the Legis Actiones;
_ —__-:__ _ - _ A _ ____ 3. and this nlust therefore have been effected in some
other way. The Litis Contestatie then may be
}3~-5: i II hT uIr nk I-J I thus explained: the whole proceedings In Jure
c: ~ E )2))i.5''SItook place before witnesses, and the Contestatio
was the conclusion of these proceedings; and it
e ~ ~ ~~* o o....a e Vwas the act by which the litigant parties called on
______ _....;....... the witnesses to bear r cord before the Judex of
what had taken place In Jure.
AiT....... I This, which seems a probable explanation of the.__.__._*_ _ IiW L iJ I original meaning of Litis Clontestatio, may be compared to some extent with the apparenltly original
sense of Recorder and Recording in English lawsv.
(itZ c@i(Qi)y@ (Penny Cyclopeedia, art. Recorder.)
WEVhen the Formula was introduced, the Litis
Contestatio would be unnecessary, and there apThe use of the limbus was almost confined to pears no trace of it in its original sense in the clasthe female sex among the Greeks and Romans; sical jurists. Still the expressions Litis Contestatio
but in other nations it was admitted.into the dress and Lis Contestata frequently occur in the Digest,
of men likewise. but only in the sense of the completion of the
An ornamental band, when used by itself -as a proceedings In Jure, and this is the meaning of
fillet to surround the temples or the waist, -was also the phrases, Ante litein contestatanm, Post litein
called limbus. (Stat. Tlheb. vi. 367, Achill.;ii. 176; contestatam. (Gaius, iii. 180, iv. 114.) The exClaud. de Cons. lI/eallii Tleodl. 118.) Probably the pression Lis Contestata in a passive sense is used
li/f)bOlE'ii mentioned by Plautus (Auldl. iii. 5. 45), by Cicero (pro Rose. Corn. c. 11, 12, pro Flceco,
were persons employed in making bands of this c. 11, and in the Lex Rubria of Gallia Cisalpisna,
description. [J. Y.] col]. i. 1. 48, " quos inter id judicium accipietur leisve
IIMEN. [JANUA.] contestabitur "). As the Litis Contestatio was oriLINTEA'NMEN, LI'NTEUM. [PALLrusr. i ginally and properly the termination of the proLITHOSTRO'TA. [Dolmus; PICTTJRA sub ceedings In Jure, it is easily conceivable that after
fin.) this form had fallen into disuse, the name should
LITTS CONTESTA'TIO. " Conltestari "' is still be retained to express the conclusion of such
when each party to a suit (uterque reus) says, proceedings. When the phrase Litem Contestalri
"Testes estote." Two or more parties to a suit occurs in the classical jurists, it can mean nothing
(adversarii) are said contestari litem, because when more than the proceedings by which the pasrties
the Judicium is arranged (ordinato j.udicio) each terminate the procedure In Jure and so prepare the
party is accustomned to say,'" Testes estote." matter in dispute for the investigation of the Judex.
(Festus, s. v. Contestari.) The Litis Contestatio It appears from the passage in Festus that the
was therefore so called because persons were called phrase Contestari litem was used, because the
on by the parties to the suit to' bear witness," words C" Testes estote " were uttered by the parties
" to be witnesses." It is not here said what they after the Judicium Ordinatum. It was therefore
were to be witnesses of, but it may be inferred the uttering of the words " Testes estote " which