De cognitionibus libri
Ex libro III
Callistratus, On Judicial Inquiries, Book III. The Divine Pius stated in a Rescript to bird-catchers, “It is not proper for you to catch birds on the land of others without the consent of the owners”.
Callistratus, On Judicial Inquiries, Book III. When a tract of land is devised, its equipment will not be embraced in the legacy, unless this was expressly mentioned; for where a house is devised, neither its utensils nor its furniture are included, unless this was explicitly stated by the testator.
Callistratus, On Judicial Inquiries, Book III. Where a slave has been sold on condition of being manumitted within a certain time, and the day appointed for Eis freedom arrives during the lifetime of the vendor, and the latter has not changed his mind, the result is that the slave will be manumitted, just as if this had been done by the person who should have liberated him; but if the vendor should be dead, the Divine Marcus and his son stated in a Rescript that it was not necessary to obtain the consent of his heirs.
The Same, Judicial Inquiries, Book III. Where a judge rules against constitutions which are cited, for the reason that he does not think them to be applicable to the case in question, he is not considered to have ruled against them improperly, and therefore an appeal can be taken from his decision; otherwise the matter will be held to have been finally determined.
Callistratus, On Judicial Inquiries, Book III. The Divine Hadrian stated the following in a Rescript. There can be no doubt that those who remove monuments placed to establish boundaries are guilty of a very wicked act. In fixing the penalty, however, its degree should be determined by the rank and intention of the individual who perpetrated the crime, for if persons of eminent rank are convicted, there is no doubt that they committed the act for the purpose of obtaining the land of others, and they can be relegated for a certain time, dependent upon their age; that is to say, if the accused is very young, he should be exiled for a longer time; if he is old, for a shorter time. Where others have transacted their business, and have furnished their services, they shall be chastised and sentenced to hard labor on the public works for two years. If, however, they removed the monuments through ignorance, or accidentally, it will be sufficient to have them whipped.
Callistratus, On Judicial Inquiries, Book III. The Divine Pius stated in a Rescript addressed to Claudius: “Any persons who introduce instruments into court which cannot be proved shall be punished according to the nature of each offence; or, if they seem to have deserved a more serious penalty than can be imposed upon them under this jurisdiction, the facts may be stated to the Emperor, in order that he may determine what punishment shall be inflicted upon them.” The Emperor Marcus, along with his Brother, however, influenced by feelings of humanity, mitigated this punishment; so that if, (as frequently happens), such documents should be produced by mistake, those who did anything of this kind may be pardoned.
Callistratus, Judicial Inquiries, Book III. When anyone orders the cultivators of land and fishermen to bring provisions into a city, in order that they themselves may dispose of them, for the reason that the supply of provisions will be diminished when the farmers are called away from their work, those who bring in the merchandise must deliver it immediately after doing so, and return to their labors. Hence, Plato displayed the highest wisdom and authority who while he was teaching among the Greeks, stated that in order for a city to be prosperous, and its people to be happy, it must, in the first place, attract all such merchants as were necessary; for, in the First Book on Civil Intercourse, he said: “A city is in need of many farmers, and other laborers and artisans, as well as of those who bring in and carry away articles of commerce, for these are traders. Where, however, a farmer brings to market anything which he produced, or any other laborer does so, and he does not immediately encounter someone who desires to exchange wares with him, will it be necessary for him to remain sitting in his place in the market until he disposes of his commodities? By no means, for there are those who, seeing this, may offer their services for the disposal of the merchandise.”