The Civil Law, No. II [pp. 486-492]

rLOMAN PLEADINGS.
-cord' to the wcight of the evidence. " Si paret condeminato."
Si non paret, absolvito."
5. Adjudicatio. The adjudication, confined to three forms of act:.n, by which the magistrate eonfers upon the judge the power of
iVing to the successful party the mwnership of the object of litigaion' so Quantum adjudlicari oportet, ju(lecx titio adjuidicato."
The formula, then, it will be noted, was nothing more than tlhe
:n,utual allegations of the parties, reduced to writing, aind so arranged as to bring the matters in controversy to a single issue. If,
Lstead of sending the parties with this formula to a judex, the magistrate had impanneled the judices, centumviri, or recupera.tores, arid
submitted the matters in controversy to them, and upon their decision
,assed judgment, the proceedins, would have been similar in sub;tance to the proceedings in a trial at common law. The reader
wvill be reminded of the analogy at every step.
When the magistrate, instead of followvin(r tihe formulary proce,lure and sending the parties before the judex, thought proper to de:ermine the cause himself, the form of procedure was called(l, " extra
,,rdinem cognitio, extra ordinemn cognoscere; extraordiiiaria judicia;
actiones extraordirarie." Even under the formulary systeml this was
he course always adopted in certain cases; in the restitutio in in) arumn, where a person was completely restored to his original
f.ihts; and the mnissio in possessionem bonorum, where a person was
At in possession of goods without the delay of going before a judex.
I-ilner Diocletian, the formulary system began to expire under the
nore frequent use of the extraordinary procedure. A constitution
,f that emperor, A. D. 294, established, as the general practice in the
rovinces, this system, which had previously been only an occasional
?rocedure. Afterward the rule was extended over the lwhole empire.
'['he system of formulas gave place to the judicia extraordinaria —
'Se third system.
"Le gouvernement est iinperialis6," remarks Prof. Ortolan Cloiuently. Ce qui fut la constitution de Rome n'existe plus. L'aris-:cratie des familles patriciennes etla susceptibilite remuantte de a Plbe
lorment dans l'histoire. La population primitive a meme disparu
u~ns un alluvion incessante de toutes les populations. Depuis Consta-tin, Rome et le Tibre sont dechus; Constantinople et le Bosphore
es remplacent; l'empire n'est plus Romain, il est Asiatique. I1 se
livise en quatre grandes Prefectures; l'orient, l'Illurie, l'Italie, les
Gaiiles; chaque Prefecture en Dioceses; chaque Dioceses en Provin ces l'Italie est un Prefecture! Le Christianisme est la religion de
etat." (G&,dralisation, ~ 102.)
'rThe government is imperialized-the pride of the patrician, the
restless ambition of the Plebs sleep in history. Italy is a Prefec tlre! The motley population of a conquered world have taken the
place of the stern old Roman. The gorgeous worship of the Etrus can priesthood has been replaced by the religion of the crucified
Nazarene. The empire is no longer Latin, it is Asiatic.
This profound revolution is equally traceable in the judiciary sys cm. There is no longer any question about patrician magistrates
charied wN ith declaring the law; there are no longer any contests
Li t-tveen the senators, and the equtites, and the Plebs, for admission
491