XI. applicant was unable to enforce his right at the CHAP. proper time1. Where a legacy was left to one provided he were in Italy at the time of the testator's death, if out of Italy on public service, the Prætor would decree in his favour. The other principal ground of relief in this Edict was justus error2, but scienti non subvenit Prætor3. The edict concludes with a general clause: si General qua alia mihi justa causa esse videbitur in inte- clause. grum restituam. This met every case where the applicant could prove damage without any fault of his own; and exhibits in a striking manner the latitude of the Prætor's jurisdiction. CHAPTER I. Obligations ex Delicto. I. IN Contracts the obligation of the parties is CHAP. voluntary in Offences the law obliges them whether they will or no. Offences are acts wilfully committed in violation of law; and as regards the damages arising from them, they oblige the offender to make reparation; for one of the sources of debt in civil society is that of wrong. Wrong is a damage whenever a man has less Wrong. than what is his, whether it be his by mere nature, or by some human act, as ownership. As indicating a vicious will offences render a man liable to suffer punishment'. Punishment, in its general Punishsignification, is an evil suffered for an evil done. ment. The chief end of punishment may be said to be amendment, and example, whereby to prevent future offences by making a better man of the offender, and by holding him up as an example to deter others2. As all offences depend upon the animus with which they are committed, it follows that all persons are capable of committing offences, and liable to the punishment appropriated to them who labour under no defect of will. Punishments by the law Punishof Rome were quædam capitalia, quædam non ment by the capitalia; the term capital including every case of civil as well as natural death. Offences are, 1. Private. 2. Public. Civil Law. Offences. Privatum delictum was that offence which Private. brought with it the penalty of indemnification; it applied between one member of the community |