Herennius Modestinus

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Modestinus, Herennius


Years of birth and death unknown. Roman jurist of the third century A.D.

Modestinus was a pupil of Ulpian, one of the great Roman jurists. He held high government offices, serving as prefect from 226 to 244. Modestinus was one of the few jurists who had the right to render decisions in civil cases in the name of the emperor (jus respondendi). The Law of Citations, promulgated in 426, gave binding force to the writings of five jurists, including those of Modestinus. He made an important contribution to the formulation of certain questions of legal theory and practice; 345 extracts from his works are included in the Digest.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Modestinus responsit: Laudendus est magis, quam accusandus heres, qui reliquias testatoris non in mare, secundum ipsius voluntatem abjecit: sed memoriae humanae conditionis sepulturae traditit.
The definition of marriage in Justinian's Digest is attributed to Modestinus: "Marriage is the union of a man and a woman, a partnership for the whole life involving divine as well as human law." (48) In the Council's definition, the specific characteristics of the community of life between a man and woman are intimacy and conjugal love.
(13) However, in The Digest, Justinian listed the opinions of numerous publicists on classical Roman law, including Ulpian, Modestinus, Papinian, and Paul, to illustrate that resort to torture in criminal cases was not unlimited. (Modestinus, Punishments 1), DIGEST OF JUSTINIAN, supra note 33, at 829a ("If a seller or a buyer tampers with the publicly approved measures of wine, corn, or any other thing, or commits a deception with malicious intent, he is sentenced to a fine of double the value of the thing concerned; and it was laid down by decree of the deified Hadrian that those who had falsified weights or measures should be relegated to an island."); Id., 7.11.6 (Ulpian 8 de off.
The holding of such an important office by a Jew would accord with Modestinus' Book 6, where Jews are said to undertake `public office'.
Digest (Modestinus) - three grades of town are listed: the largest are allowed 10 doctors, 5 'sophists', and 5 'grammarians', the smallest 5 doctors, 3 'sophists', and 3 'grammarians'.