The doctrine was initially an element of ecclesiastical law, coming from the Norman French cy près comme possible (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the Corpus Juris Civilis and later Byzantine law.
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The Corpus Juris Civilis makes mention of a process by which money given to celebrate a person's life in a way that violated the law would instead be redirected, and used on a purpose within the law.
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Samuel Parsons Scott translated the Institutes into English as part of his translation of the entire "Corpus Juris Civilis," but his translation has not been well received.