A TRANSLATION OF AND COMMENTARY ON THE FRAGMENTS OF THE XII. TABLES AND THE Institutes of Justinian; THE TEXT OF THE INSTITUTES OF GAIUS AND JUSTINIAN AND THE TEXT OF THE FRAGMENTS OF ULPIAN AND OF BY PATRICK CUMIN, M.A., BALLIOL COLLEGE, OXFORD, BARRISTER AT-LAW. SECOND EDITION, ENLARGED. 8. STEVENS AND SONS, 26, BELL YARD, LINCOLN'S INN. OXFORD: J. H. AND J. PARKER. CAMBBIDGE: DEIGHTON, BELL, AND CO. 1865. + PREFACE. THE first edition of the Manual on Civil Law has been for some time out of Print, and a second edition has therefore been prepared. The English portion has been cast into a new form and somewhat enlarged. The object has been to furnish a complete Manual of Civil Law for the use of Students-containing both the original texts of the elementary works on Roman Law which survive, and an explanation in English. I am indebted to the kindness of my friend, Mr. Edward Poste, Fellow of Oriel, and one of the Examiners to the Civil Service Commissioners, for the Translation of the Twelve Tables and the comments which follow them. The references prefixed to the paragraphs of the English Commentary refer to the paragraphs in the Latin Text. Thus in page 32, § 4, means the fourth paragraph of the first title, first book. The Latin text is the same as that of Rudolph Gneist, from whose preface I extract the following explanations : : In my edition of Gaius I have retained Goeschen's divisions into paragraphs, though in some places it might perhaps be improved. I have also followed his plan of using italics where, the meaning being certain, I have introduced words which are not in the MS. I have done the same when I have merely corrected the orthography, which I have made somewhat more consistent and modern than it is in Lachmann's edition. I have only used the ordinary type for letters which are found in the MS. or represented by contractions. I have admitted into the Commentary of Gaius many |