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LONDON

HENRY FROWDE, M.A.

PUBLISHER TO THE UNIVERSITY OF OXFORD AMD

STEVENS & SONS, LIMITED

MPERATORIS IUSTINIANI

INSTITUTIONUM

LIBRI QUATTUOR

WITH INTRODUCTIONS, COMMENTARY, AND EXCURSUS

BY

J. B. MOYLE, D.C.L.

Of Lincoln's Inn, Barrister-at-law
Fellow And Late Tutor Of New College, Oxford

FOTJBTH EDITION

OXFORD

AT THE CLARENDON PRESS
LONDON: HENRY FROWDE

OXFORD UNIVERSITY PRESS WAREHOUSE, AMEN CORNER

AMI

STEVENS & SONS, LIMITED
119 & 120 Chancery Lane

OXFORD

PRINTED AT THE CLARENDON PRESS BY HORACE HART, M.A. PRINTER TO THE UNIVERSITY

PREFACE

The text which I have followed is that published by Krueger in his and Mommsen's Edition of the Corpus Iuris Civilis (Berlin, 1877). In writing the Introduction, Com- / mentary, and Excursus, I believe I have consulted the best and most recent authorities, and to the names which I mentioned in earlier editions I must add those of Voigt, Sohm, and Cuq; the contribution of the latter to the historical study of the subject is of perhaps greater value than anything since Voigt's Ius Naturale. My constant difficulty, in explaining the text, has been to know where to draw the line between notes, in the ordinary sense of the word, and a more systematic treatment of legal topics. A French or German edition of the Institutes might well have been far shorter, but there the reader can be referred to recognized Institutional treatises upon points which hardly occur in our text; and although since this work first appeared in 1883 the Delegates of the Clarendon Press have published a translation, by Mr. J. C. Ledlie, of Sohm's admirable Institutionen, I have not thought it desirable to largely abbreviate notes which had once been written.

The reader will find but few changes in comparing this with the Second Edition. One or two works on the History of Roman Law, which have appeared since 1890, have suggested a few changes in those portions of the book which deal with historical points; but, speaking generally, I have contented myself with further rectifying a small number of passages in the notes which, upon consideration, I thought faulty or misleading.

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