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The Institutes of Justinian
Excerpt from The Institutes of Justinian
IN writing this translation I have derived much assistance from Mr. Poste's translation of the Institutes of Gaius. Where, as is so often the case, the words of the latter are transcribed literally or in substance by Justinian, I have frequently adopted Mr. Poste's rendering with very little if any altera tion, and I must acknowledge once for all my debt to him. I have also consulted the translation of Mr. Sandars, and that by Mr. J. A. Cross embodied in Mr. Hunter's Roman Law,' and have found Schrader's Commentary of great service in assisting me to bring out the full meaning of the more dif ficult parts of the text. In the rendering of technical terms my usual plan has been to discover, if possible, some English equivalent which will fairly represent thus tutor has been uniformly trans lated 'guardian,' 'fideicommissum fiduciary or trust be quest,' &c. Where I have found this out of my power, I have not unfrequently adopted an English form of the original Latin word, where this (though probably not to be found in any English dictionary) has won an air of familiarity for itself by the usage of writers on Roman e. G. 'adrogation,' 'agnation.' Lastly, where I could do neither of these things, the original Latin term has been retained; as, for instance, in the names of many of the servitudes in Book II. 3, and in the Title on 'bonorum possessio in Book and this has been done even in cases where (though a tolerable equivalent was at hand, as with the names of coins) the employment of an English word might appear somewhat grotesque.
IN writing this translation I have derived much assistance from Mr. Poste's translation of the Institutes of Gaius. Where, as is so often the case, the words of the latter are transcribed literally or in substance by Justinian, I have frequently adopted Mr. Poste's rendering with very little if any altera tion, and I must acknowledge once for all my debt to him. I have also consulted the translation of Mr. Sandars, and that by Mr. J. A. Cross embodied in Mr. Hunter's Roman Law,' and have found Schrader's Commentary of great service in assisting me to bring out the full meaning of the more dif ficult parts of the text. In the rendering of technical terms my usual plan has been to discover, if possible, some English equivalent which will fairly represent thus tutor has been uniformly trans lated 'guardian,' 'fideicommissum fiduciary or trust be quest,' &c. Where I have found this out of my power, I have not unfrequently adopted an English form of the original Latin word, where this (though probably not to be found in any English dictionary) has won an air of familiarity for itself by the usage of writers on Roman e. G. 'adrogation,' 'agnation.' Lastly, where I could do neither of these things, the original Latin term has been retained; as, for instance, in the names of many of the servitudes in Book II. 3, and in the Title on 'bonorum possessio in Book and this has been done even in cases where (though a tolerable equivalent was at hand, as with the names of coins) the employment of an English word might appear somewhat grotesque.
228 pages, Paperback
First published May 21, 2013
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