239 Pages

statute-a verbal formalism

Pignoris capio, however, being merely the taking of a pledge, required neither the intervention of the magistrate, nor a dies jastus, nor even the presence of the distrainee; and Gaius says that, on these grounds, there was some hesitation whether to regard it as a statutory process. It might have been left among the other extrajudicial procedures which custom hedged about with strict formalities: e.g. search lance licioque, conducted by the perso~ robbed carrying a dish and wearing a girdle; report of nova opera, etc. Perhaps it was reckoned among the statutory processes after the Law of the Twelve Tables because it was only allowed in cases authorized thereby.