PAGE 484. Tenth line from top, dele second '4.' Thirteenth line from top, for 'casual' read 'causal.' 554. First line, for the semicolon after 'even' read a comma. Nineteenth line from top, for 'LI' read ‘LL.' Fourteenth line from bottom, for 'sanctiori' read' sanction.' 556. Third line from top, for 'stipu-lundi' read ‘stipu-landi.' 574. Second line from top, for 'EVERVNT' read 'FVERVNT.' 586. Nineteenth line from top, for ' 25' read ‘2, 5.' 587. Note, for 'fut.' read 'fin.' 594. Note, for 'v.' read ‘iv.' 600. Nineteenth line from bottom, for '3' read 'D.' 608. Tenth and eleventh lines from top, for 'contract' read 'contact.' 609. Eighteenth line from foot, for conductor' read' conductio.' 623. First line, for 'iii.' read '111.' 639. Fourteenth line from top, for 'do' read'de.' 640. First line, for de finirisolet' read 'definiri solet. 645. Tenth line from top, for '304' read ‘302.' 649. Sixteenth line from top, for ‘— read' = .' 736. Ninth line from top, for eod.' read 'D. h. t.' 814. Seventh line from top, for 'so as' read' so made as. 818. Note, for 'eres' read 'heres.' 856. Sixteenth line from top, for 'reversely' read 'conversely.' 868. Heading of § 173, for CESSIO TRANSMISSIO' read CESSIO AND TRANSMISSIO.' Fourteenth line from top, dele' (1).' 874. Third line from top, for 'cohaeredes,' read' coheredes.' 920. Ninth line from top, for 'egati' read 'legati.' 931. Note ", for 'A. A.' read 'H. A.' 957. Last line but one, for 'had' read 'has.' 963. Last line before margin, dele comma before and that after 'in rem.' WORKS CITED IN OTHER THAN THE FIRST EDITION. BLACKSTONE, Commentaries on the Laws of England, 8th el. 1778. STEPHEN, Commentaries, 9th ed. 1883. SAVIGNY, The Right of Possession, 6th ed. translated by PERRY, 1848. ORTOLAN, Explication Historique des Instituts, 9th ed. 1875. AUSTIN, Lectures on Jurisprudence, 4th ed. 1873. SMITH, Leading Cases on Various Branches of the Law, 8th ed. 1879. ARNDTS, Lehrbuch der Pandekten, 12th ed. 1883. WESTLAKE, Private International Law, ed. 1880. MAINE, Ancient Law, 9th ed. 1883. Village Communities in the East and West, 4th ed. 1881. LORD MACKENZIE, Studies in Roman Law, 5th ed. 1880. POSTE, Elements of Roman Law by Gaius, 2nd ed. 1875. POLLOCK, Principles of Contract, 4th ed. 1885. MARKBY, Elements of Law, 3rd ed. 1885. RIVIER, Introduction Historique au Droit Romain, ed. 1881. HUNTER, Roman Law in the Order of a Code, 2nd ed. 1885. INTRODUCTION. PART I. THE ELEMENTS. § 1. THE FUNCTION OF THE INSTITUTES, THE function of the INSTITUTES is, to give a comprehensive, historical and doctrinal account of the pure Roman Private Law, suitable for the beginner, as the basis of the study of Jurisprudence in general and of Roman Law in particular. Thus we shall have to consider the pure Roman Private Law which closes with the legislation of Justinian, the 'classical' especially, exhibited alone in its rudiments. The detailed and complete treatment thereof belongs to the study of the Digest or Pandects. The several doctrines of Roman Law have at the same time to be described in their historical development, so that the institutions and maxims of law which later on passed away, called antiquitates iuris, also fall within the limits of the inquiry. The study of Roman Law in general reposes not merely upon the fact that it is down to our own day received as the common Municipal Law in certain European States, and as being, partly in form and partly in substance, the basis and essential source of B 2 WATC INTRODUCTION. some of the modern Codes, as the Prussian and Austrian, but also upon the high perfection that it attained, especially as worked out by the so-called Cf. §§ 8, 10. classical jurists." Their writings stand out incom Cf. Austin, pp. 1114-7 See Austin, Lectt. i., v., vi.; parably, whether we speak of scientific analysis of the whole substance of Law, or the actual exhibition of legal relations and exactness in the application of legal decisions to the given case; and it is these that have imparted to Roman Law its value as a means of juristic education which has hitherto been unsurpassed.' § 2. LAW AND JURISPRUDENCE. LAW is the sum of the rules, clothed with outward compulsory authority, for the life of individuals living together according to natural requirement, and of their Markby, Ele- outward actions in a community; whilst MORALITY, ments of Law, which is grounded on Religion, regulates the whole 'Elements of conduct of man, in action as well as in thought, or chh. i.-iv.; and decision for good or evil, in such wise that compliin the Encyclo-ance with its dictates is under the sole control of paedia Britan- personal freedom and the inner consciousness of the individual." ch. i.; Holland, Jurisprudence,' the art. on 'Law' nica' (9th edn. vol. xiv.). d Cf. § 19, ad init. e For methods of citation, seo § 10. Paulus: Non omne quod licet honestum est.1. 144 pr., D. de R. J. 50, 17.1 The basis of Law is, accordingly, the human will and its freedom, or Personality. Ius in the objective sense (law, rule of law) is the sum of the several rules of law, and imports the will of the community as acknowledging the person himself See Markby, and his rational will. In the subjective sense (a RIGHT, or legal capacity) it indicates the will of the individual vii. For the as acknowledged by the will of the community, because Roman idea of corresponding to it—that is, the lawful faculty for a determinate exercise of will, the legal control over an 88. 149-152; Holland, ch. imperfect a legal right, see Maine, Early Law and Custom,' pp. 365, 89. It is not everything that is allowable which is honourable. |