OF ROMAN HISTORY FROM 77880 ROMULUS TO JUSTINIAN (INCLUDING TRANSLATIONS OF THE TWELVE TABLES, THE INSTITUTES OF GAIUS, AND THE INSTITUTES OF JUSTINIAN), WITH SPECIAL REFERENCE TO THE Growth, Development and Decay OF ROMAN JURISPRUDENCE. BY DAVID NASMITH, Q.C., LL.B. AUTHOR OF THE "INSTITUTES OF ENGLISH LAW," ETC., ETC. LONDON: BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's most excellent Majesty. DUBLIN: HODGES, FIGGIS & CO., GRAFTON STREET. CALCUTTA: THACKER, SPINK & CO. MELBOURNE: G. ROBERTSON & CO. EDINBURGH: T. & T. CLARK; BELL & BRADFUTE. PREFACE. No people with whom the modern world is acquainted are so well known to it as are the Romans. Admitting that legend rather than history tells us of their origin and early days, yet in that legend it is not impossible to sever the real from the unreal to such an extent as to justify the assertion that we know the Romans better than any other people—their birth, their maturity, and their death. That the study of the organisation and development of the Roman institutions must be one, not merely of interest, but of profit, is necessarily obvious to all who recognise the fact that each generation benefits or suffers by the doings or omissions of its predecessor, and that from the experience of those who have gone before, all learn, or ought to learn, how to steer their future course. The importance of the study of the Romans and their institutions has long been and still is universally admitted by the learned. There are many and most valuable books on Roman History. There are many and most valuable books on Roman Law. Speaking generally, however, the writers of the former practically ignore the existence of Roman law, and the authors of the latter that of Roman history: by so |