Sextus Pedius
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Sextus Pedius was a
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...
jurist during the late first and early second centuries. He was a contemporary to the
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...
Jurists
Aulus Ofilius Aulus Ofilius (Ofilius in Greek: ο Όφίλλιος, flourished 1st century BC) was a Roman jurist of Equestrian rank, who lived in the Roman Republic. He is named as a jurist by Pomponius. Ofilius was a friend to Roman statesman Marcus Tullius Cic ...
and Massurius Sabinus, and also mentioned in the writings of
Pomponius The gens Pomponia was a plebeian family at ancient Rome. Its members appear throughout the history of the Roman Republic, and into imperial times. The first of the gens to achieve prominence was Marcus Pomponius, tribune of the plebs in 449 BC ...
. Pedius' original ideas are only known from the quotations from the Roman jurists
Julius Paulus Julius Paulus (; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus. Life ...
,
Ulpian Ulpian (; ; 223 or 228) was a Roman jurist born in Tyre in Roman Syria (modern Lebanon). He moved to Rome and rose to become considered one of the great legal authorities of his time. He was one of the five jurists upon whom decisions were to ...
, and Julian. These quotations have survived, although Pedius' original works were not directly incorporated into the '' Digest''. He was the author of extensive commentary on the edicts or proclamations concerning the
Praetorian Guard The Praetorian Guard (Latin language, Latin: ''cohortes praetoriae'') was the imperial guard of the Imperial Roman army that served various roles for the Roman emperor including being a bodyguard unit, counterintelligence, crowd control and ga ...
and the
aedile Aedile ( , , from , "temple edifice") was an elected office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings () and regulation of public festivals. They also had powers to enforce public orde ...
s. Two of his writings are known: the ''Libri ad Edictum'' (The Books of Edicts, of which Julius Paulus quotes the twenty-fifth), and the ''Libri de Stipulationibus'' (The Books of Agreements), concerning legal interpretation. In a passage quoted by Julius Paulus from the ''Libri de Stipulationibus'', Pedius states with respect to the interpretation of wills,
It is best not to scrutinize the proper signification of words, but mainly what the testator has intended to declare; in the next place, what is the opinion of those who live in each district.
In other words, the intention of a testator should prevail over the literal meaning of his words, if they should appear to be in conflict; and that ambiguity should be resolved according to the local practice or understanding in the place where the testator lived. With respect to general interpretation, Pedius observes, in a passage quoted by Ulpian,
That when one or two things are introduced by a ''
lex Lex or LEX may refer to: Computing * Amazon Lex, a service for building conversational interfaces into any application using voice and text * LEX (cipher), a stream cipher based on the round transformation of AES * Lex (software), a computer pro ...
'', it is a good ground for supplying the rest which tends to the same useful purpose by interpretation, or at least by jurisdiction.
Meaning that ambiguity resulting from a law failing to address a specific circumstance should be resolved in a way that is consistent with the underlying purpose of the law, either generally or by its local understanding. The various citations to the authority of Pedius contained in the ''Digest'' are collected by Wieling.Wieling, ''Jurisprudentia Restituta'', p. 335.


See also

* Pedia gens


References


Bibliography

* ''Digesta'', or ''Pandectae'' ( The Digest). * Guilielmus Grotius, ''De Vitae Jurisconsultorum'' (Lives of the Jurists), Felix Lopez, Brittenburg, (1690). * Abraham Wieling, ''Jurisprudentia Restituta, seu Index Chronologicus in Totum Juris Justinianaei Corpus'' (Jurisprudence Restored, or a Chronological Index to the Whole Code of Justinian), Abraham van Paddenburgh, Utrecht (1739). * Sigmund Wilhelm Zimmern, ''Geschichte des Römischen Privatrechts bis Justinian'' (History of Roman Private Law to Justinian), J. C. B. Mohr, Heidelberg (1826). * ''
Dictionary of Greek and Roman Biography and Mythology The ''Dictionary of Greek and Roman Biography and Mythology'' is a biographical dictionary of classical antiquity, edited by William Smith (lexicographer), William Smith and originally published in London by John Taylor (English publisher), Tayl ...
'',
William Smith William, Willie, Will, Bill, or Billy Smith may refer to: Academics * William Smith (Master of Clare College, Cambridge) (1556–1615), English academic * William Smith (antiquary) (c. 1653–1735), English antiquary and historian of University C ...
, ed., Little, Brown and Company, Boston (1849), ''s. v
Sextus Pedius
', vol. III, pp. 164, 165. * "Encyclopedic Dictionary of Roman Law", in ''Transactions of the American Philosophical Society'', vol. 43, part 2, p. 625 (1953), ''s. v
Sextus Pedius
', p. 625. {{DEFAULTSORT:Pedius, Sextus Year of birth unknown Year of death unknown Ancient Roman jurists 1st-century Romans 2nd-century Romans Pedii