existed when it reached its highest development in the age of Justinian; and great pains have been taken to simplify the subject as much as possible, by a systematic arrangement, by avoiding all abstruse inquiries of an antiquarian character, and by confining myself to such matters as appeared to be useful and instructive. At the outset I have introduced an historical sketch of the sources of the Roman law and the political changes in the government, from the foundation of Rome to the accession of Justinian, of the legislative works of that emperor in the middle of the sixth century, when all the existing laws and imperial constitutions were revised and consolidated,– of the fate of Justinian's legislation in the East and West, —and, lastly, of the revival of the study of the Roman law in Europe in the twelfth century, and the progress of this department of knowledge from that epoch down to the present time. Then, after a preliminary chapter devoted to a cursory glance at jurisprudence and the principal divisions of law, I have given a general exposition of the Roman law, divided into Six Parts, and based principally on Justinian's Institutes, but leaving out some titles which appear to be obsolete or useless, and adding supplementary chapters on various important matters drawn from the Pandects, the Code, and the Novels, as well as from the writings of Gaius and other sources. These chapters will be found throughout the book, but chiefly under the Fifth and Sixth Parts. To this exposition, which is my chief design, I have added a subordinate one, by drawing some comparisons more or less important between the Roman system and the laws of France, England, and Scotland; and although these illustrations are imperfect, and compressed within narrow limits, it is hoped they will prove more interesting to the general reader, than if I had followed the example of many previous writers on Roman law, by entering into minute technical details regarding ancient institutions and usages, which have little or no bearing on modern jurisprudence. As to the arrangement of the subjects, a short explanation will suffice. Under Part First, which treats of the Law of Persons, are considered political rights so far as they bear on private law, the legal capacity of individuals for acquiring and disposing of property, the rights which concern status and the relations of family, and artificial persons called corporations. Patrimonial Rights, sometimes called the Law of Things, are naturally divided into three classes-1st, What are called by modern jurists Real Rights; 2d, Rights arising from Obligations; and, 3d, Rights arising from Succession. These three classes of Rights are successively treated under the Second, Third, and Fourth Parts. Actions and Civil Procedure, being the means which the law affords to enforce our rights, are treated under the Fifth Part; while Criminal Law and Procedure are treated under the Sixth Part, the concluding chapter being devoted to a short account of the Roman Bar. Of the best works on Roman law within my reach I have freely availed myself. In Dr Smith's Dictionary of Greek and Roman Antiquities' there is a useful series of articles on Roman law, contributed by that accomplished scholar, Mr George Long, to which I am indebted for valuable hints. Among modern foreign jurists, my special acknowledgments are due to Marezoll, Mackeldey, Warnkoenig, Ortolan, De Fresquet, and Charles Maynz-all writers who have earned a high reputation on the Continent, though some of them are less known in this country than they deserve to be. On French law, my information has been derived chiefly from the admirable works of Pothier, the modern French Codes, and the Commentaries published thereon, including Pailliet's celebrated Manuel du Droit Français.' As to English and Scottish law, I have been guided by those writers who are generally regarded by the legal profession as standard authorities. One book, Mr Paterson's Compendium of English and Scotch Law,' I found extremely useful in suggesting interesting comparisons between the juridical systems of England and Scotland. Notwithstanding the extent and variety of the subjects discussed, I have condensed my materials, so as not to exceed the limits of a moderate octavo volume. This plan, no doubt, has its drawbacks, and precludes the possibility of entering into a multitude of details which will be found in works of higher pretensions; but the summary I have attempted will probably be better relished by those for whose use it is intended than a bulkier book. For the errors and imperfections which, notwithstanding every anxiety to prevent them, must inevitably occur in a work of this description, I must throw myself on the indulgence of the reader; while I venture to express a hope that, with all its defects, the present volume may be found to combine a comprehensive general view of Roman law, with some interesting contributions to the difficult science of comparative jurisprudence. NOTE TO THE SECOND EDITION. A Second Edition of this work having been called for, the Author has taken the opportunity of making some corrections, and of introducing some additional matter, chiefly in the Historical Sketch and Preliminary Chapter. He has at the same time to acknowledge his obligations to his friend George Monro, Esquire, Advocate, for his kindness in superintending the revisal of this Edition, and seeing it through the press. |