The Etymologies of Isidore of Seville - Pot-pourri

(satura) istocomposerichlyvaried poems, as those of
Horace, Juvenal, and Persius. The laws called ‘Novels’
(Novella)...
xvii. Rhodian laws (De legibus rhodiis) The Rhodian
laws are the laws of nautical commerce, and are so named
from the island of Rhodes, where the practice of commerce
existed in ancient times.
xviii. Private statutes (De privilegiis) Private statutes
are the laws of individuals, private laws (privatae leges)
as it were. It is called a ‘private statute’ (privilegium)
because it is applied in private use (privatus).
xix. What a law is capable of (Quid possit lex) Every
law either allows something, as “A strong man may seek
reward,” or it forbids, as “No one is allowed to seek marriage
with a sacred virgin,” or it prescribes punishment,
as “Whoever has committed murder shall suffer capital
punishment.” Indeed, human life is regulated by the
reward or punishment of law.
xx. Why a law is enacted (Quare facta est lex) Laws are
enacted in order to control human audacity through the
fear they arouse, and so that innocent people may be safe
in the midst of reprobates, and so that even among the
impious the power of doing harm may be restrained by
adreaded punishment.
xxi. What sort of law should be made (Qualis debet
fieri lex) Alaw should be honorable, just, feasible, in
agreement with nature, in agreement with the custom
of the country, appropriate to the place and time, necessary,
useful, and also clear, lest in its obscurity it contain
something deceitful, and it should be written not for
private convenience, but for the common benefit ofthe
citizens.
xxii. Cases (De causis) is a Greek term that
means “case” (causa)inLatin, whence also legal business
is called pragmatica, and a person involved in cases or
legal business is called a pragmaticus.
xxiii. Witnesses (De testibus) Witnesses [are people
through whom the truth is sought in a legal process].
Before the proceedings each litigant binds (alligare)witnesses
to himself by covenants, so that afterward the
The Etymologies V.xvii–xxiv.9 119
witnesses may not be free to dissimulate or withdraw
themselves, whence the witnesses are also called ‘bound’
(alligatus,ppl. of alligare). Also, they are called witnesses
(testes)because they are usually employed for a testament
(testamentum); they are also called signatories (signator),
because they sign (signare) the testament.
xxiv. Legal instruments (De instrumentiis legalibus)
1.Awill(voluntas)isthegeneralnameforalllegalinstruments,
because it proceeds not by force, but by ‘free will’
(voluntas); hence it receives such a name. 2.Atestament
(testamentum) issocalled because, unless the testator
(testator) died, one could not confirm or know what was
written in it, because it is closed and sealed, and it is
also called ‘testament’ because it is not valid until after
the setting up of the memorial of the testator (testatoris
monumentum), whence also the Apostle (Hebrews 9:17):
“The testament,” he says, “is of force after people are
dead.” 3. Nevertheless, in Sacred Scripture, ‘testament’
is not only the term for that which is not valid until
the testators be dead, but every pact and covenant was
called a testament. Thus Laban and Jacob made a testament,
which was certainly valid between living people,
and in the Psalms it is written (82:6): “They have made a
covenant (testamentum) together against thee,” that is,
apact; and innumerable such examples. 4. Thetablets
(tabula) ofatestament are so called because before the
use of papyrus sheets and parchment not only were testaments
written on smoothed tablets, but even letters
were so written. Hence those who carry these tablets
were called tabellarii. 5. Atestament in civil law is confirmed
by the signatures of five witnesses. 6. Atestament
in praetorian law is sealed with the seals of seven
witnesses; the former is made by citizens (civis), hence
it is civil (civile)law;thelatter is made in the presence of
the praetors, hence it is of praetorian law. And to seal a
testament is ‘to put a distinguishing mark’ (notare)onit
so that what is written may be recognized (noscere, ppl.
notus). 7. A‘holograph testament’ (holographum testamentum)
isentirelywrittenandsigned by the hand of
the author, whence it receives its name, for the Greeks
say for “entire,” and for “writing.”
8.Atestament is invalid (inritum)ifhewhohas made
the testament has lost his rights of citizenship, or if it was
not made ‘following prescribed procedures’ (rite). 9.An
inofficiosus (lit. “undutiful”) testament is one that does
not observe the duty (officium) ofnatural piety, and is