Libellary

Towards the end of the formulary period, during the libellary period and especially at the time of the Justinian compilation the word condictio conveyed a purely juridical notion and was equivalent to reptitio, repetere.

Chancery pleading and practice, like the Roman adjective law, in its third or libellary stage, were essentially unitary in character.

In 1930 Steinwenter, in a study devoted to the nature of commencement of trial (litis contestatio) in the so-called libellary procedure of the later Empire, made the first reference to P. Thead. 16 and P. Lips. 41 from a procedural point of view.

But we do find a general similarity between the English equity system and the Roman libellary procedure in the absence of a separate body for the trial of facts and hence the absence of emphasis upon the formation of an issue.

Any type of investiture would serve this purpose, and in fact we read in the authorities of churches which were granted to clerks in the form of a libellary contract, métayage or Teilpacht, a precaria, and even for the duration of a number of lives.

It was the censive in France, the peasant libellary contract in Italy during the 13th and 14th centuries, i.e., the relationship between feudal lord and peasant in which economic elements were overwhelmingly predominant and extra-economic compulsion in the form of personal dependence was generally absent.

And since the illustrious Bishop Augustine firmly insisted on it, both the bishops of Calama met for discussion and for the third time they met in conflict concerning their different communions, while a great multitude of Christians at Carthage and througout all Africa awaited the result of the case; and Crispinus was pronounced a hertic by proconsular and libellary sentence.