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IN Writin this translation I have derive much assistance rom r. Poste' translatio of the Institutes of Gaius Where, ascis o osten the case, the word of the lalter are transcribed literaltror in substance by Justinian, have frequently adopte Μr. Poste' rendering With very litue is an alteration, andra must achnowledge nc fores my debl to him. I have also consulte the translationo Μr Sandars, and that by Μr. J A. Cros embodie in Μr. Hunter' Roman Law, an have found Schrader's Commentar os great service in assistin me to bring out the suli meaning of the more difficuli paris of the text. In the rendering of technica term my usual plan hasbeen to discover, i possibie, some Englis equivalent which wil satri represent them thus autor has been uniformi translate Aguardian, fideicommissum' fiducia i trusi equest,' c. here I have ound this out
of mysower, I have no vnfrequently adopted ananglishsor of the origina Latin mota, here this thoughprobabi not to e Mund in nyanglis dictionata has won an atri familiaritnsor itfel by the usage of writersa
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6 PREFACE.on Roman Law e. g. adrogation. agnation Lastly, wher I could do either of thes things, the original Latin term has been retained as for instance, in thenames of many of the servitude in Book II 3, and in the Titie on bonorum possessio in Book III and this hasbeen done even in cases here though a tolerable equivalent a at hand as it the ames of coins the employmen o an nglis Wor might appear omewhat
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ONLY light alterations have been made in his translation, hic mas fim published in 1883 as a portio ofa editio of the Institutes A se phrases have been changed, and the term Iamit heir has been substituted throughou kr set successor as a rendering os suus fleres Those Who ere good nough to revie it in the Press as a ule ound it both accurate an readabie, and whilemostis the changes have been due to thei criticisms, I have thought it bestrio accepi their judment, and reissuerit substantially unaltered. J. B. M.
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- IX. f possession os, ct Iaso . facquisitioni adrogation Ia8, XI. in the adjudicationi a deceased person' estatet preserve osts of liber I 29 XII. Duniversa successions now obsolete, in sale f
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IN the nam os ur Loes Jesus Christi
The Empero Caesar Flavius Justinian, conqueror os the Alamanni, the Goths, the Franks the Germans the Antes, in Alani the Vandals the Asricans, piouS, ProSPerouS,
reno ed victorious an triumphant, ever u St,
as glorifie wit arms, that there a be good governmenti times both os war and osteace, and the ruleris Rome mayrio onlyae victorious ver his nemies, but mansito himsel a scrupulousi regardiu of justice a triumphant overhis conquere s S.
Wit deepest applicatio an forethought, and by the 1 bl singis God we have attaine both os these objecis Thebarbaria nations which, have subjugate know ou valour, Africa and ther province without number MinginCe more, after o long an intervat, reduce beneat the sway o Rome, Victories grante bymeaven, and themselves bearingwitnes to ou dominion Allieoplecto are vied by lawswhich we have either enacte or arranged. avin remove 2 Ever inconsistenc seo the sacre constitutions hitherio inharmonious an confused, e extende ou care to the immense volumes of the older jurisprudences and like saliors Crossing the id- ean by the lavour osmeaven have no
complete a Wor os,hicli, once despatred. When his, 3wit God' blessing ha been done we calle together that distinguishe ma Tribonian master an eκ-quaestoris Our sacre palace, and the illustrious Theophilus and Dorotheus, prosessors of law of hos ability legal knowledge, and trusty
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PROOEMIUM proose, an speciali commissione them to compose by our authorit an advice a book os Institutes, whereis ou maybe enable to learn ou first lessons in lawmo longe Domancient abies, but to gras them by the brilliant light oscimperia learning and that our ars an mines may receive nothing useles or incorrect but only what holds mod in actualiaci. An thus herea in ast time even the oremos ofyo were unable to rea the imperia constitutions untii aster our ears, ou who have been o honoured an sortunate a to receive both the beginning and the en o bour legat reachin sto the mout os the Emperor, an noruenter on the stud os them Without delay. Aster the completion heresore of the fift book of the Digest or andecis,4 in hic ali the earlier law has been collected by the aid of the sat distinguished Tribonian and ther illustrious and mos able men, e directe the divisionis these fame Institutes into Mur books, comprising the rs elements of the 5 whole science of law. In thes the law previousi obtaining has been briefinstated a wellis that which aster becomingdisused has been again rought o light by ou imperial aid 6 Compile Domat the Institutes of the ancient jurista, and
in particular seo the commentaries os our Gaius on both the Institutes and the Common Cases, and Do many therlegat works these Institute were submitte torus by the threelearned me a resaid, and after readin an examining themwe have ove them the milest ore os our constitutions. Receive then these laws withoour est powers and withthe agernes os stud r, an Show oursetve so learne actobe encourage to ope that when o have compasse thewhol fiet os law ou may have abilityrio gover suChiortionis the state a m te entruste to ou. Give a Constantinopi the astiano November, in thethir consulate os the Empero Justinian, ather of his Country, ver August.