whom I have borrowed isolated views or quotations, to Austin's Lectures on Jurisprudence, to Ortolan's elegant and lucid commentary on the Institutes of Justinian, to Puchta's learned Cursus der Institutionen, and above all to the various writings of Von Savigny, a rival of the brightest names of the golden period of Roman jurisprudence. As the Institutions of Gaius were intended to be an introductory initiation in Roman law, I have not thought it necessary to write an introduction to an introduction; but to the student who is making his first acquaintance with the subject I would give the following advice. He may find his labours lightened and his path made easier if he studies the various divisions of the Institutions of Gaius in the following order. He will do well (on the teleological principle that the Beginning is explained by the End) to begin with Procedure (Actiones, Book IV), the final manifestation and application of the rules of Substantive law: to proceed to Obligations (3 88-§ 225), the rules of which appeal to the common sense of mankind, and are the most cosmopolitan part of the code : and from thence to the modes of acquiring Ownership, 2 § 1-§ 96. The arbitrary and local, but proportionately curious and picturesque, law of Persons (Book I) may next be studied. The law of Wills (2 § 97-§ 289), somewhat formidable from its dimensions but tolerably clear in its details, may follow. The law of Intestate succession, obscure in parts and not very interesting nor necessary to the understanding of other portions, may be left to the last. CHRONOLOGICAL TABLE. B.C. 753. Foundation of Rome. 578-535. Servius Tullius. Division into thirty Tribes. Institution 450-449. Two additional Tables of Laws. The Patricians incor 366. 339. 326. 312. 287. porated in the local Tribes. Lex Valeria Horatia gives legislative power to Comitia Tributa. First appointment of a Praetor. Q. Publilius Philo, Dictator, abolishes the veto of the Comitia Partial abolition of Nexum. Cnaeus Flavius publishes a calendar of Dies Fasti and Last secession of the Plebs. Q. Hortensius, Dictator, abolishes the veto of the Senate on the legislative measures of the Comitia Tributa. 90. 89. 27. C. Gracchus gives judicial functions to the Equites. Lex Julia confers the franchise on all the Latins. The franchise granted to all the confederate towns of Italy, and the Latin franchise to the Transpadani. Octavianus receives the titles of Augustus and Imperator. (1) UNEQUAL RIGHTS (PERSONAE, Book I); (2) EQUAL RIGHTS (RES, Books II and III); (3) PROCEDURE (ACTIONES, Book IV); STATUS or INEQUALITY of rights divides the members of society into nine classes: the Freeborn, the Freedman, INEQUALITIES among those who are INDEPENDENT SECTION 1-79 EQUAL RIGHTS [DE REBUS]. (2) PERSONAL (JUS IN PERSONAM). Real rights are (not to mention PRIMORDIAL rights) ELEMENTARY or UNITARY RIGHTS (RES SIN- TITLES or facts originative of REAL rights, whether .. 130-172 163-164 172-174 174-179 INSTRUMENTS of Acquisition of Real rights COLLECTIVE RIGHTS [RERUM UNIVERSITATES]. The TITLES by which a person is invested with Collective rights, in other words, the TITLES of UNIVERSAL |