Pactolian (paktolian)

[L. Pactolius (= Gr. Πακτώλιος), Pray pay to Mr. William Trim, or Order, the Sum ofHow sweetly it runs! - Pactolian Guineas chink every Line. Steele, Grief A-la-Mode, ii. 1. pactum (pak'tum), n.; pl. pacta (-tä). [L.: see pact .] 1. In Scots law , a pact or agreement between two or more persons to give or perform something.-2. In Rom . law , such a convention or agreement as did not fall within the number of those to which full effect was given by the law, and thus distinguished from contract us . A contract was a pact or agreement of the parties, plus an obligation affixed by the proper formalities. A pactum did not (until a late period) give rise to an action (a few pacta , called pacta legitim a , excepted), but an exception was given if a party tried to enforce a claim in violation of the pactum. If, for instance, a creditor had given a formal release ( ac ceptilatio), the obligation was entirely destroyed, so that no action would lie; if he had made a covenant not to sue ( pactum de non petendo ), the action would lie, but the pretor would give the debtor an exception ( exceptio dol i ). -Nudum pactum. See nude pact , under nude .-Pactum illicitum, a general phrase covering all contracts opposed to law, either as being contra legem (contrary to law), contra bonos mores (contrary to morality), or inconsistent with the principles of sound policy.