Justinian's Institutional Classification and the Class of Quasi-Delict

This article examines the records of free-standing proof-of-age hearings from their probable introduction around the mid thirteenth century to their formal consolidation by the beginning of the fourteenth. It traces the gradual establishment of a hybrid legal form, unique to proof hearings, whereby individual jurors were routinely questioned as to the basis of their knowledge of an heir's birth and replied with a statement of plausible personal connection with the birth. It shows in detail how a rationalising legal bureaucracy encountered the expectations and practices of local jurors and recorders and the compromises that resulted in an enduring legal form.