immediately prior and still extant compilations. The compiler wished to give a compendious if not systematic presentation of law as accepted and approved in his time, that is to say, of Roman law somewhat mediaevalized in tone, and with certain extraneous elements from the Lombard codes. The ultimate Roman sources were the Codification of Justinian, and indeed all of it, Digest, Codex, and Novels, the last in the form to which they had been brought in Julian's Epitome. The purpose of the compilation is given in the Prologue,[1] which in substance is as follows:
"Since for many divers reasons, on account of the great and manifold difficulties in the laws, even the Doctors of the laws cannot without pains reach a certain opinion, we, taking account of both laws, to wit, the jus civile and the jus naturale, unfold the solution of controversies under plain and patent heads. Whatever is found in the laws that is useless, void, or contrary to equity, we trample under our feet. Whatever has been added and surely held to, we set forth in its integral meaning so that nothing may appear unjust or provocative of appeal from thy judgments, Odilo;[2] but all may make for the vigour of justice and the praise of God"
The arrangement of topics in the Petrus hardly evinces any clear design. The substance, however, is well presented. If there be a question to be solved, it is plainly stated, and the solution arrived at may be interesting. For example, a case seems to have arisen where the son of one who died intestate had seized the whole property to the exclusion of the children of two deceased daughters. The sons of one daughter acquiesced. The sons of the other per placitum et guerram forced their uncle to give up their share. Thereupon the supine cousins demanded to share in what had so been won. The former contestants resisted on the plea that the latter had borne no aid in the contest and that they had obtained only their own portion. The decision was that the supine cousins might claim their heritage from whoever held it, and should receive their share in what the
- ↑ This follows the so-called Tübingen MSS., the largest immediate source of the Petrus. As well-nigh the entire substance of the Petrus is drawn from the immediately prior compilations (which are still unpublished) its characteristics are really theirs.
- ↑ Apparently the chief magistrate of Valence: "Valentinae civitatis magistro magnifico."
