4.1.197 to 4.1.202

[1] Original manuscript illegible. [2] The Formulary System of the Romans contributed much of value and importance to both the principles and forms of the Common Law. The maxims of (138) It remains for us to examine interdicts. (139) The Prætor, or the Proconsul, interposes his authority directly in certain cases for the purpose of putting an end to controversies. This he especially does when there is a dispute between the parties with reference to possession or quasi possession; and, in short, he either orders something to be done, or forbids it to be done. Moreover, the formulas and the clauses made use of in this proceeding are styled interdicts and decrees. (140) They are called decrees when he commands something to be done, for instance when he directs that something be produced in court, or restored; they are called interdicts when he forbids something to be done; for instance when he directs that no violence be employed against the party who is in possession without any defect; or that nothing be done on consecrated ground. Hence, all interdicts have reference to restitution, production, or prohibition. (141) Still, when he orders that something shall be done, or prohibits some act from being performed, the affair is not immediately concluded, but recourse is had to one or more judges, and the formulas having been issued, an inquiry is held as to whether anything has been done, or some act which he ordered has not been performed, in opposition to the Edict of the Prætor. In a proceeding of this kind sometimes a penalty is involved, and sometimes it is not; it is penal, for instance, where a formal promise is concerned, and it is not where an arbiter is demanded. It is the practice to proceed under prohibitory interdicts always by way of solemn promise, and, in the case of orders for restitution or production, this is either done by way of formal promise or by means of the formula styled "arbitrary".