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DEDU´CTIO

DEDU´CTIO, DEDUCTOR. Some technical senses of deducere and its derivatives may here be noticed. The verb means mostly (i.) to conduct or escort in a complimentary or ceremonious manner, or (ii.) to lead a person away, withdraw (e. g. a garrison), or “show the way [p. 1.609]out.” In the former sense we get (1) “deductio sponsae in domum mariti” (Dig. 23, 2, 5); (2) the deductio of a candidate by his friends, hence called deductores (Q. Cic. de Pet. Cons. 9; Plin. Ep. 4.17; AMBITUS); (3) the solemn founding of a colony [COLONIA p. 4795 b]. From the latter come the law-terms deducere, “to eject from land,” deductio, “ejectment,” with a view to try the question of ownership. The act is thus explained by Savigny (Verm. Schriften, 1.299, ap. Long, Cicero, 2.148): “It was part of the form of many disputes about property in land, that both parties should meet on the land on some day on which they agreed, and that the one should put the other out,--that is, should eject him with the appearance of force; and so the whole transaction was named a conventional violence, ex conventu vim fieri” (Cic. pro Caecin. 8.22). This was called deductio quae moribus fit, as distinguished from deductio vi solida (Gel. 20.10.10), when real force was used: “constituere quo die in rem praesentem veniretur, ut de fundo Caecina moribus deduceretur” (Cic. ib. 7.20). Gellius (l.c.) calls it “vis civilis et festucaria,” i. e. controlled by the praetor's rod (festuca). It did not matter which of the two parties was formally ejected by the other; the ground for an action at law would be equally gained (Cic. pro Tull. § 20). This took the place of an earlier formula, ex jure manum consertum [supine] vocare. [ACTIO p. 15 a; VINDICATIO]

[W.W]

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