2.1.51 to 2.1.53

(41) But if I neither sell an article to you nor surrender it in court, but only deliver it to you, the said article becomes yours by bonitarian right, but still remains mine by quiritarian right, until you, through possession, acquire it by usucaption; for as soon as usucaption is completed, the article becomes absolutely yours, that is, the bonitarian and quiritarian rights vest in you, just as if it had been sold or surrendered in court. (42) Usucaption of movable property, however, is completed within a year, that of lands and houses within two years; and this was provided by the Law of the Twelve Tables. [1] Among the Romans, the origin of legal representation in court is directly traceable to the close relations existing between patron and client. The former, invariably of patrician rank, was, at all times, obliged to protect the interests of his illiterate and inexperienced dependents; and especially was this the ease when they became involved in litigation. This duty was not only a point of honor with the patron, but its observance was enforced by the infliction of severe penalties, and its violation incurred public reproach and infamy. A patron was never permitted to accept any compensation for his services, no matter how important or valuable they were. His influence, however, in time declined, and as the study of the law developed, and men chose it as a profession, all classes of the people sought the advice and assistance of jurisconsults of acknowledged learning and ability, whose attainments had kept pace with the progress and technical requirements of legal procedure. Still, no fees were actually charged, but custom demanded that one styled an honorarium ,should always be offered, the amount of this was subsequently fixed by law, and the provision of the Lex Cincia ,prohibiting any remuneration for legal services —"Ne quis ob causam orandam mercede aut donis emeretur" —was abrogated. After the patron came the procurator ,who was only an agent, or the attorney-in-fact of his constituent, and generally possessed of little or no legal knowledge. The cognitor ,who was the original attorney-at-law, and the advocate, were those who usually tried and argued cases before the Roman tribunals. The procurator absolutely took the place of his principal, and became personally responsible if an adverse decision was rendered; but the cognitor merely appeared for his client, just as a modern lawyer does. —ed.