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IMPERATORIS IUSTINIANI

INSTITUTIONUM

LIBRI QUATTUOR

WITH INTRODUCTIONS, COMMENTARY, AND EXCURSUS

BY

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

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

SECOND EDITION

AT THE CLARENDON PRESS
I 890
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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 Introductions, Commentary, and Excursus, I believe I have consulted the best and most recent authorities: perhaps my obligation throughout is heaviest to Puchta (on whose masterly Institutionen, Book II, the General Introduction is mainly based), Schrader, Baron, and Vangerow. 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. If I seem to have been too prolix, my excuse must be the scarcity of accessible books upon the subject in our own language. A French or German edition of the Institutes might well have been far shorter, but there the reader can be referred to systematic institutional treatises upon points which hardly occur in our text. A book such as Puchta's or Kuntze's still remains to be written in English.

I have to express my thanks to Professor Bryce, M.P., the present holder of the Chair of Civil Law in this University, for constant encouragement and much actual assistance in my work. Some of it he has revised with great care, and he has benefited the whole by many valuable suggestions and criticisms.

J. B. M.

Oxford, January, 1883.

NOTE TO THE SECOND EDITION.

SUCH changes as the reader will meet with in comparing this with the First Edition will be found more in the Introductions and Excursus than in the Commentary. The Excursus on Bonorum Possessio has been re-written, and portions of others, as well as of the General Introduction, have undergone considerable revision. In respect of the Commentary, the Editor has mainly contented himself with a careful examination of the references, some of which were in the First Edition erroneous, and in rectifying a small number of notes which on reconsideration he found faulty or misleading.

Oxford, January, 1890.

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