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SELECT TITLES

FROM THE

DIGEST OF JUSTINIAN

HOLLAND AND SHADWELL

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SELECT TITLES

FROM THE

DIGEST OF JUSTINIAN

EDITED

BY

THOMAS ERSKINE HOLLAND, D.C.L.

OF LINCOLN'S INN, BARRISTER AT LAW
CHICHELE PROFESSOR OF INTERNATIONAL LAW AND DIPLOMACY, AND FELLOW OF

ALL SOULS' COLLEGE, OXFORD

AND

CHARLES LANCELOT SHADWELL, B.C.L.

OF LINCOLN'S INN, BARRISTER AT LAW
AND FELLOW OF ORIEL COLLEGE, OXFORD

8
Oxford

AT THE CLARENDON PRESS

M DCCC LXXXI

[ All rights reserved )

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PREFACE.

A MARKED revival of the study of Roman law has taken place in England within the last few years; and students who might a short time ago have been satisfied with a knowledge of the Institutional writers and their Commentators, are now expected to have some familiarity with that great storehouse of legal wisdom the Digest itself.

But of the four hundred and thirty-two Titles which are contained in the Digest of Justinian few students can attempt to master thoroughly more than a small proportion. It has therefore been thought desirable to make a selection of the more important Titles, and to publish them successively in Parts, each of which may be obtained separately, though the whole series was so arranged as ultimately to form a complete work.

The selected Titles have been grouped under heads which are familiar to readers of the Institutes ; viz. Introductory or General matter, the Law of Family, the Law of Property, and the Law of Obligations; and under each of these heads the order in which the several Titles follow one another is made to correspond as nearly as may be with that observed in the Institutes. The Titles thus brought into juxtaposition have however in many cases to be sought for in widely distant portions of the Digest. It may therefore be necessary to explain why it is that the Editors, while they have scrupulously presented these Titles without addition or omission, have felt themselves at liberty to print them in an order different from that which they occupy in the book at large.

The directions given by the Emperor Justinian to the Commissioners who compiled the Digest were :—to distribute (“digerere”) its matter "in libros quinquaginta et certos titulos, tam secundum

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