JUSTINIAN DIGEST’S INDEX

BOOK 1

1. Concerning justice and law.

2. Concerning the origin of law and of all magistrates, together with a succession of jurists.

3. Concerning statutes, decrees of the Senate, and long established customs.

4. Concerning the constitutions of the Emperors.

5. Concerning the condition of men.

6. Concerning those who are their own masters, and those that are under the control of others.

7. Concerning adoptions and emancipations (..)

8. Concerning the division and nature of things.

9. Concerning Senators.

10. Concerning the Office of Consul.

11. Concerning the Office of Praetorian Prefect.

12. Concerning the Office of Prefect of the City.

13. Concerning the Office of Quaestor.

14. Concerning the Office of the Praetors.

15. Concerning the Office of Prefect of the night watch.

16. Concerning the Office of Proconsul, and his Deputy.

17. Concerning the Office of Augustal Prefect.

18. Concerning the Office of Governor.

19. Concerning the Office of the Imperial Steward or accountant.

20. Concerning the Office of Juridicus.

21. Concerning the Office of him to whom jurisdiction is delegated.

22. Concerning the Office of assessors.

BOOK 2

1. Concerning jurisdiction.
2. Each one must himself use the law which he as established for others.

3. Where anyone refuses obedience to a magistrate rendering judgment.

4. Concerning citations before a court of justice.

5. Where anyone who is summoned does not appear (..)

6. Persons who are summoned must either appear, or give bond or security to do so.

7. No one can forcibly remove a person who has been summoned to court.

8. What persons are compelled to give a surety (..)

9. In what way security must be given in a noxal action.

10. Concerning one who prevents a person from appearing in court.

11. Where a party who has given a bond to appear in court does not do so.

12. Concerning festivals, delays, and different seasons.

13. Concerning the statement of a case.

14. Concerning agreements.

15. Concerning compromises.

BOOK 3

1. Concerning the right of application to the court.

2. Concerning those who are branded with infamy.

3. Concerning agents and defenders.

4. How proceedings are instituted for, or against corporations.

5. Concerning the transaction of the business of others.

6. Concerning persons who bring vexatious actions.

BOOK 4

1. Concerning complete restitution.

2. Where an act is performed on account of fear.

3. Concerning fraudulent intent.

4. Concerning persons under 25 years of age.

5. Concerning the change of condition.

6. What the grounds are on which persons over 25 years of age are entitled to complete
restitution.

7. Concerning alienations made for the purpose of changing the conditions of a trial.

8. Concerning matters referred to others for arbitration (..)

9. Sailors, innkeepers, and the proprietors of stables, must restore property entrusted to them.

BOOK 5

1. Concerning trials and where anyone ought to bring suit, or be sued.

2. Concerning inofficious testaments.

3. Concerning the action for the recovery of an estate.

4. Concerning actions for the recovery of a portion of an estate.

5. Concerning possessory actions for the recovery of estates.

6. Concerning suits for the recovery of trust estates.

BOOK 6

1. Concerning actions for the recovery of specific property.

2. Concerning the publician action in rem.

3. Concerning actions for the recovery of land which has been perpetually leased (..)

BOOK 7

1. Concerning usufruct and its use and enjoyment.

2. Concerning the accrual of usufruct.

3. When the legacy of an usufruct vests.

4. In what ways usufruct or use is lost.

5. Concerning the usufruct of things which are consumed or diminished by use.

6. Concerning the action for the recovery of usufruct, and that by which it is denied.

7. Concerning the services of slaves.

8. Concerning use and habitation.

9. In what way an usufructuary must give security.

BOOK 8

1. Concerning servitudes.

2. Concerning servitudes of urban estates.

3. Concerning the servitudes of rustic estates.

4. Rules common to both urban and rustic estates.

5. Where an action is brought to recover a servitude, or the right of another to it is denied.

6. How servitudes are lost.

BOOK 9

1. Concerning the commission of damage by a quadruped.

2. On the lex Aquilia.

3. Concerning those who pour anything out or throw anything down.

4. Concerning noxal actions.

BOOK 10

1. Concerning the establishment of boundaries.

2. Concerning the action for the partition of an estate.

3. Concerning actions for the partition of property owned in common.

4. Concerning the action for production.

BOOK 11

1. Concerning interrogatories which should be put in court, and actions based on interrogatories.

2. Concerning certain matters which come before the same judge.

3. Concerning the corruption of a slave.

4. Concerning fugitive slaves.

5. Concerning gamblers.

6. Where a surveyor makes a false report with reference to measurements.

7. Concerning religious places, the expenses of funerals, and the right to conduct the same.
8. Concerning the transport of a dead body, and the construction of a sepulchre.

BOOK 12

1. Concerning things which are credited where a certain demand is made (..)

2. Concerning the taking of an oath, whether voluntary, compulsory, or judicial.

3. Concerning an oath made in court.

4. Concerning a suit for the recovery of property (..)

5. Concerning the action for recovery where the consideration is immoral or injust.

6. Concerning an action for the recovery of money which is not due.

7. Concerning an action for recovery without ground.

BOOK 13

1. Concerning the action for the recovery of stolen property.

2. Concerning suits for recovery under the law.

3. Concerning the Triticarian Action.

4. Concerning property which must be delivered at a certain place.

5. Concerning the action for money promised.

6. Concerning the action on loan for use and the counter action.

7. Concerning the action on pledge and the counter action.

BOOK 14

1. Concerning the action against the owner of a ship.

2. Concerning the Rhodian Law of jettison.

3. Concerning the Institorian Action.

4. Concerning the Tributorian Action.

5. Concerning transactions said to have taken place with a person under the control of another.

6. Concerning the Macedonian Decree of the Senate.

BOOK 15

1. Concerning the action on the peculium.

2. When the action on the peculium is limited to a year.

3. Concerning the action based on the advantage derived by a father or a master (..)

4. Concerning the action based on the authorization of the father or the master.

BOOK 16

1. On the Velleian Decree of the Senate.

2. Concerning set-off.

3. Concerning the direct and contrary actions on deposit.

BOOK 17

1. Concerning the action on mandate and the counter action.

2. Concerning the action on partnership.

BOOK 18

1. Concerning the contract of purchase and agreements between purchaser and vendor (..)

2. Concerning a conditional sale during a certain time.

3. Concerning the condicional annulment of a sale.

4. Concerning the sale of an estate, or of a claim.

5. Concerning the rescinding of a sale, and when it is permitted to withdraw from a purchase.

6. Concerning the risk and advantages attaching to property sold.

7. Concerning the removal of slaves (..)

BOOK 19

1. Concrning the actions of purchase and sale.

2. Concerning leasing and hiring.

3. Concerning the actions for the estimation of the value of property.

4. Concerning the exchange of property.

5. Concerning actions praescriptis verbis, and in factum.

BOOK 20

1. Concerning pledges and hypothecations and the manner in which they are contracted (..)
2. In what cases a pledge of an hypothecation is tacitly contracted.

3. What property cannot legally be pledged or hypothecated.

4. Which creditors are preferred in cases of pledge or hypothecation (..)

5. Concerning the sale of property pledged and hypothecated.

6. In what ways the lien on property pledged or hypothecated is released.

BOOK 21

1. Concerning the Edict of the Aediles (..)

2. Concerning evictions, and the stipulation for double damages.

3. Concerning the exception on the ground of property sold and delivered.

BOOK 22

1. Concerning interests, profits, additions, and all accessories ans default.

2. Concerning maritime interest.

3. Concerning proofs and presumptions.

4. Concerning the authenticity of instruments and their loss.

5. Concerning witnesses.

6. Concerning ignorance of law and pact.

BOOK 23

1. Concerning betrothals.

2. Concerning the ceremony of marriage.

3. Concerning the law of dowry.

4. Concerning dotal agreements.

5. Concerning land given by way of dowry.

BOOK 24

1. Concerning donations between husband and wife.

2. Concerning divorces and repudiations.

3. In what way the dowry can be recovered after the marriage has been dissolved.
 BOOK 25

1. Concerning expenses incurred with reference to dotal property.

2. Concerning the action to recover property which has been removed.

3. Concerning the recognition and maintenance of children, parents, patrons, and freedmen.

4. Concerning the examination of pregnant women (..)

5. Where a woman is placed in possession of the estate of her husband (..)

6. Where a woman is said to have obtained possession of the estate of her husband (..)

7. Concerning concubines.

BOOK 26

1. Concerning guardianship.

2. Concerning testamentary guardianship.

3. Concerning the confirmation of a guardian or a curator.

4. Concerning legal guardians.

5. Concerning guardians and curators who are appointed by those who have a legal right to do so
(..)

6. Concerning those who may demand guardians or curators, and where this can be done.

7. Concerning the administration and responsibility of guardians and curators (..)

8. Concerning the authority and consent of guardians and curators.

9. When minors can sue or be sued on account of the acts of their guardians or curators.

10. Concerning suspected guardians and curators.

BOOK 27

1. Concerning the excuses of guardians and curators.

2. Where a ward should be brought up, or reside (..)

3. Concerning the action to compel an accounting for guardianship (..)

4. Concerning the counter-action on guardianship and the praetorian action.

5. Concerning one who transacts business as acting guardian or curator.

6. Concerning business transacted under the authority of a false guardian.

7. Concerning the sureties of guardians and curators and those who have offered them (..)

8. Concerning suits against magistrates.

9. Concerning the property of those who are under guardianship or curatorship (..)

10. Concerning the appointment of curators for insane persons and others who are not minors.

BOOK 28

1. Who can make wills and in what manner they should be executed.

2. Concerning the appointment and disinheritance of children and posthumous heirs.

3. Concerning illegal, invalid, and broken wills.

4. Concerning erasures, cancellations, or additions to a will.

5. Concerning the appointment of heirs.

6. Concerning ordinary and pupillary substitutions.

7. Concerning the conditions of appointments.

8. Concerning the right of deliberating.

BOOK 29

1. Concerning the will of a soldier.

2. Concerning the acquisition or rejection of estates.

3. In what way wills should be opened, examined, and copied.

4. Where anyone, through the rejection of his appointment as testamentary heir (..)

5. Concerning the Silanian and Claudian Decrees of the Senate (..)

6. Where anyone prevents another prom making a will, or compels him to make one.

7. Concerning the law of codicils.

BOOK 30

Concerning legacies and trusts.

BOOK 31

Concerning legacies and trusts.

 BOOK 32

Concerning legacies and trusts.

BOOK 33

1. Concerning annual legacies and trusts.

2. Concerning use, usufruct, income, lodging, and services left by legacies or trusts.

3. Concerning the legacy of servitudes.

4. Concerning the preferred legacy of a dowry.

5. Concerning the option or choice of articles bequeathed as a legacy.

6. Concerning bequests of wheat, wine, and oil.

7. Concerning legacies of equipment or implements.

8. Concerning legacies of peculium.

9. Concerning legacies of provisions.

10. Concerning bequests of household goods.

BOOK 34

1. Concerning legacies of subsistence or food.

2. Concerning legacies of gold, silver, ornaments, jewels, perfumes, clothing, tapestry and statues.

3. Concerning the bequest of a release from liability.

4. Concerning the cancellation or transfer of legacies and trusts.

5. Concerning doubtful matters.

6. Concerning bequests made by way of penalty.

7. Concerning the rule of Cato.

8. Considering testamentary provisions which are considered as not having been written.

9. Concerning those who are deprived of their legacies as being unworthy of them.

BOOK 35

1. Concerning testamentary conditions and designations, their reasons and their modifications.

2. Concerning the Falcidian Law.

3. Where more is said to have been bequeathed to anyone than is permitted by the Falcidian Law.

BOOK 36

1. On the Trebellian Decree of the Senate.

2. At what time legacies or trusts take effect.

3. Concerning security given for the payment of legacies or the execution of trusts.

4. When the legatees of the beneficiaries of a trust can be placed in possession of the property (..)

BOOK 37

1. Concerning the praetorian possession of property.

2. Concerning praetorian possession where there is a will.

3. Concerning the praetorian possession of property granted to an insane person (..)

4. Concerning the praetorian possession of property contrary to the provisions of the will.

5. Concerning the payment of legacies where praetorian possession of an estate is obtained (..)

6. Concerning the collation of property.

7. Concerning collation of the dowry.

8. Concerning the contribution to be made between an emancipated son and his children.

9. Concerning the placing of an unborn child in possession of an estate, and his curator.

10. Concerning the Carbonian Edict.

11. Concerning praetorian possession of an estate in accordance with the provisions of the will.

12. Concerning praetorian possession where a son has been manumitted by his father.

13. Concerning praetorian possession of an estate in the case of the will of a soldier.

14. Concerning the right of patronage.

15. Concerning the respect which should be shown to parents and patrons.

BOOK 38

1. Concerning the services of freedmen.

2. Concerning the property of freedmen.

3. Concerning the freedmen of municipalities.

4. Concerning the assignment of freedmen.

5. Where anything is done to defraud the patron.

6. Where no will is in existence by which children may be benefited.

7. Concerning praetorian possession by agnates.

8. Concerning the praetorian possession granted to cognates.

9. Concerning the successory edict.

10. Concerning the degrees of relationship and affinity and their different names.

11. Concerning praetorian possession with reference to husband and wife.

12. Concerning the succession of veterans and soldiers.

13. Concerning those who are not entitled to praetorian possession of an estate.

14. Concerning praetorian possession of property granted by special laws or decrees of the Senate.

15. What order is to be observed in granting praetorian possession.

16. Concerning proper heirs and heirs at law.

17. On the Tertullian and Orphitian Decrees of the Senate.

BOOK 39

1. Concerning the notice of a new structure.

2. Concerning threatened injury and the encroachments and projections of a neighboring house.

3. Concerning the right to compel a neighbor to take cake of water and rain-water.

4. Concerning farmers of the public revenue, leases of public lands, and forfeitures.

5. Concerning donations.

6. Concerning donations and other acquisitions mortis causa.

BOOK 40

1. Concerning manumissions.

2. Concerning manumissions before a magistrate.

3. Concerning the manumission of slaves belonging to a community.

4. Concerning testamentary manumissions.

5. Concerning freedom granted under the terms of a trust.

6. Concerning the deprivation of freedom.

7. Concerning slaves who are to be free under a certain condition.

8. Concerning slaves who obtain their freedom without manumission.

9. What slaves, having been manumitted, do not become free, by whom this is done (..)

10. Concerning the right to wear a gold ring.

11. Concerning the restitution of the rights of birth.

12. Concerning actions relating to freedom.

13. Concerning those who are not permitted to demand their freedom.

14. Where anyone is decided to be freeborn.

15. No question as to the condition of deceased persons shall be raised after five years (..)

16. Concerning the detection of collusion.

BOOK 41

1. Concerning the acquisition of the ownership of property.

2. Concerning acquiring or losing possession.

3. Concerning the interruption of prescription, and usucaption.

4. Concerning possession acquired by a purchaser.

5. Concerning possession as heir or as possessor.

6. Concerning possession on the ground of donation.

7. Concerning possession on the ground of abandonment.

8. Concerning possession on the ground of a legacy.

9. Concerning possession on the ground of a dowry.

10. Concerning possession on the ground of ownership.

BOOK 42

1. Concerning res judicata and the effect of decisions, and interlocutory decrees.

2. Concerning confessions.
3. Concerning assignment for the benefit of creditors.

4. Concerning the reasons for possession being granted.

5. Concerning the possession and sale of property by judicial authority.

6. Concerning the privileges of creditors.

7. Concerning the separation of the property of an estate.

8. Concerning the appointment of a curator of property.

9. Concerning restitution where fraudulent acts have been committed against creditors.

BOOK 43

1. Concerning interdicts or the extraordinary proceedings to which they give rise.

2. Concerning the interdict quorum bonorum.

3. Concerning the interdict quod legatorum.

4. Concerning the interdict which prohibits violence (..)

5. Concerning the production of papers relating to a will.

6. Concerning the interdict for the purpose of preventing anything being done in a sacred place.

7. Concerning the interdict relating to public places and highways.

8. Concerning the interdict forbidding anything to be done in a public place or on a highway.

9. Concerning the edict relating to the enjoyment of a public place.

10. Concerning the edict which has reference to public streets and anything done therein.

11. Concerning the interdict which has reference to repairs of public streets and highways.

12. Concerning the interdict which has reference to rivers (..)

13. Concerning the interdict to prevent anything from being built in a public river (..)

14. Concerning the interdict which has reference to the use of a public river for navigation.

15. Concerning the interdict which has reference to raising the banks of streams.

16. Concerning the interdict against violence and armed force.

17. Concerning the interdict uti possidetis.

18. Concerning the interdict which has reference to the surface of the land.
19. Concerning the interdict which has reference to private rights of way.

20. Concerning the edict which has reference to water (..)

21. Concerning the interdict having reference to conduits.

22. Concerning the interdict which has reference to springs.

23. Concerning the interdict which has reference to sewers.

24. Concerning the interdict which has reference to works undertaken by violence or
clandestinely.

25. Concerning the withdrawal of opposition.

26. Concerning precarious tenures.

27. Concerning the interdict which has reference to the cutting of trees.

28. Concerning the interdict having reference to the gathering of fruit which has fallen (..)

29. Concerning the interdict which has reference to the production of a person who is free.

30. Concerning the interdict which has reference to the production of children and their recovery.

31. Concerning the interdict utrubi.

32. Concerning the interdict having reference to the removal of tenants.

33. Concerning the Salvian interdict.

BOOK 44

1. Concerning exceptions, prescriptions, and preliminary inquiries.

2. Concerning the exception based on res judicata.

3. Concerning different temporary exceptions and the union of several possessions.

4. Concerning the exception founded on fraud and fear.

5. Under what circumstances an action shall not be granted.

6. Concerning property in litigation.

7. Concerning obligations and actions.

BOOK 45

1. Concerning verbal obligations.

2. Concerning the liability of two or more promisors.

3. Concerning the stipulations of slaves.

BOOK 46

1. Concerning sureties and mandators.

2. Concerning novations and delegations.

3. Concerning payments and releases.

4. Concerning release.

5. Concerning praetorian stipulations.

6. Concerning security for the property of a ward or minor.

7. Concerning security for the payment of a judgment.

8. Concerning security for ratification.

BOOK 47

1. Concerning private offences.

2. Concerning thefts.

3. Concerning the theft of timbers joined to a building.

4. Where anyone who is ordered to be free by the terms of a will (..)

5. Concerning theft committed against captains of vessels, innkeepers, and landlords.

6. Concerning thefts alleged to have been made by an entire body of slaves.

7. Concerning trees cut down by stealth.

8. Concerning the robbery of property by violence, and disorderly assemblages.

9. Concerning fire, destruction, and shipwreck, where a boat or a ship is taken by force.

10. Concerning injuries and infamous libels.

11. Concerning the arbitrary punishment of crime.

12. Concerning the violation of sepulchres.

13. Concerning extortion.

14. Concerning those who steal cattle.

15. Concerning prevarication.

16. Concerning those who harbor criminals.

17. Concerning thieves who steal in baths.

18. Concerning those who break out of prison, and plunderers.

19. Concerning the spoliation of estates.

20. Concerning stellionatus.

21. Concerning the removal of boundaries.

22. Concerning associations and corporations.

23. Concerning popular actions.

BOOK 48

1. On criminal prosecutions.

2. Concerning accusations and inscriptions.

3. Concerning the custody and appearance of dependants in criminal cases.

4. On the Julian law relating to the crime of lese majesty.

5. Concerning the Julian law for the punishment of adultery.

6. Concerning the Julian law on public violence.

7. Concerning the Julian law relating to private violence.

8. Concerning the Cornelian law relating to assassins and poisoners.

9. Concerning the Pompeian law on parricides.

10. Concerning the Cornelian law on deceit and the Libonian Decree of the Senate.

11. Concerning the Julian law on extortion.

12. Concerning the Julian law on provisions.

13. Concerning the Julian law relating to peculation, sacrilege, and balances.

14. Concerning the Julian law with reference to the unlawful seeking of office.

15. Concerning the Favian law with reference to kidnappers.

16. Concerning the Turpillian Decree of the Senate and the dismissal of charges.
17. Concerning the conviction of persons who are sought for or are absent.

18. Concerning torture.

19. Concerning punishments.

20. Concerning the property of persons who have been convicted.

21. Concerning the property of those who have either killed themselves or corrupted (..)

22. Concerning persons who are interdicted, relegated, and deported.

23. Concerning persons upon whom sentence has been passed (..)

24. Concerning the corpses of persons who are punished.

BOOK 49

1. On appeals and reports.

2. From what persons it is not permitted to appeal.

3. To whom and from whom an appeal can be taken.

4. When an appeal should be taken, and within what time.

5. Concerning the acceptance or rejection of appeals.

6. Concerning notices of appeal called dispatches.

7. No change shall be made after the appeal has been interposed.

8. What decisions can be rescinded without an appeal.

9. Whether the reasons for an appeal can be presented by another.

10. Where a guardian, a curator, or a magistrate having been appointed, appeals.

11. He who appeals should be defended in his own province.

12. Where a party litigant is compelled to bring another action before the judge (..)

13. If death should occur while an appeal is pending.

14. Concerning the rights of the Treasury.

15. Concerning captives, the right of postliminium, and persons ransomed from the enemy.

16. Concerning military affairs.

17. Concerning castrense peculium.

18. Concerning veterans.

BOOK 50

1. Concerning municipal towns and their inhabitants.

2. Concerning decurions and their sons.

3. Concerning the register of decurions.

4. Concerning public employments and honors.

5. Concerning exemption and excuses from employments.

6. On the right of immunity.

7. Concerning embassies.

8. Concerning the administration of property belonging to cities.

9. Concerning decrees which should be rendered by the order of decurions.

10. Concerning public works.

11. Concerning markets.

12. Concerning promises.

13. Concerning extraordinary judicial inquiries (..)

14. Concerning brokers.

15. Concerning taxes.

16. Concerning the signification of terms.

17. Concerning different rules of ancient law.