MISCELLANEOUS. 1. Dr. Hallifax's Analysis of the Civil Law, in which a comparison is made between the Roman laws, and those of England, Svo. London, 1775, 1818. (Note 17.) * E. 2. Wilde's Preliminary Lecture to the Course of Lectures on the Institutions of Justi nian. Edinb. 1794. [The second part only, 83 pages.] (Note 18.) *e. 3. Dr. Irving's Observations on the Study of the Civil Law. [pp. 78, 3d edit. 1823.] (Note 19.) * E. 4. Dr. Reddie's Historical Notices of the Roman Law, &c. [pp. 136. Edinb. 1826.] * E. 5. Dr. Brown's Remarks on the Study of the Civil Law, &c [pp. 78. Edinb. 1828.] 6. Article I. volume 2d, of the London Law Magazine, p. 482 to 522. 7. Article III. volume 2d, of the American Jurist, p. 39 to 65. *E. S. Pothier's Pandectæ Justinianeæ, tom. 5. 'Notitia Variorum Auctorum quos in illus trando hoc nostro Pandectarum Justi- * E. 9. Butler's Memoir of the Life of Henry Francis D'Aguesseau. London, 1830. (Note 21.) AUXILIARIES, AND BOOKS OF OCCASIONAL REFERENCE, IN THE STUDY OF THE ROMAN OR CIVIL LAW. [The following enumeration of the works of the Civilians, of ancient and modern times, is much more extensive than will be needed by most American students; or desired even by those who may wish to prosecute the subject beyond the practical requirements of their profession. From this remark, however, we may perhaps except those who design to pursue the profession in the state of Louisiana, where the civil law lies at the foundation of its jurisprudence. We are also aware that none of the libraries in our country, at present, possess even the larger part of the works we have designated. But we feel assured that the riches of the abundant fountain of Roman legal wisdom, are destined, in this country generally, to be more and more explored; and that as an acquaintance with its sources contributes in no small degree to promote its cultivation, we hope to render some service by pointing out what this vast science offers to those who are really seeking after its treasures. We are also daily made sensible of the truth, that one of the principal causes which have retarded the growth of the civil law in our country, has been, not only that our libraries are but poorly furnished in this department of legal literature, but that even the names of authors, and the titles of their respective works, are known to, comparatively, a very small number of the profession. If such preliminary, and essential knowledge be wanting, the science must remain with those who at present cultivate it. The task we have now undertaken could have been more ably executed by any of those able jurists of our country, who have made the Roman Code an object of their special study; and we much regret they have not used their ample knowledge to convince the legal profession how great has been their loss in so long neglecting this noble science; and to point out, with accuracy and minuteness, its numerous sources. But as this has not been done, and as it falls directly within the scope of our work, the duty, however imperfectly executed, has been done with all requisite care. We are much pleased to find that within the last few years, the new impulse which various causes have given to this study in continental Europe, has not been unfelt in this country. The wave has been a long time in reaching our shores; but we doubt not that it will have its fructifying influences; and that our jurisprudence, so eminently fitted to assume to itself, and to harmonize with, the jus privatum of the Roman Code, will in time, be illustrated by many of its excellencies. It is manifest there is a growing interest felt in our country for this study, not merely among a few of the eminent lawyers, but among others of less age and distinction; and even among some young students of expanded views, and of liberal education. Such periodicals as the American Jurist, the United States Law Intelligencer, the Civilian's Magazine, &c. have powerfully tended to expand the general mind on the subject of universal, and comparative jurisprudence; and to stimulate the profession to more enlarged and philosophical views of their science, by instructing them in its almost daily progress in other countries, and under the auspices of as enlightened men as have ever adorned any science. We have been gratified with the reception of the present title in the first edition of our work; as we have reason to believe it had some effect in promoting the study of Roman law, and was indulgently received by those of our countrymen, who at that time were known as civilians, and also, by others, who had not previously made the Roman law a branch of their professional studies. In the state of Louisiana, most of the works we have designated are, no doubt, known to their jurists. Such of them as may not be found in the library of one lawyer, may probably be met with in that of another. Happily, that which in a science is, at present, terra incognita, may, in a short time after, become a familiar region; and we trust the day is not remote, when every well selected law library of our country will possess most, and some of our public institutions all of the works on the civil law, which we have now noted. For several years past, no little pains have been taken by the author to make his own collection, in this department of the science, extensive and valuable. Still, he has to regret that many of the works now mentioned, are known to him only through the medium of various foreign authors, whose more extensive facilities enable them to be considerably in advance even of those of this country who make it a special object to mark the progress of this science in the old world. We are indebted, in part, to the works of Warnkönig, Niebuhr, Pothier, Bynkershoëk, Ferrière, Terrasson, Irving, Brown, Reddie, Bell, Savigny, Burke, Spence, some of Hugo's works, &c. for our information as to many of the volumes we have noted under the following catalogue. These writers are themselves, high authority for the value and excellence of the enumerated works, if any were necessary; or, were any special care essential in such a matter, which we presume is not the case, as a lawyer's library cannot with propriety include such works only as are the most approved. For the convenience of the student, we have preferred to arrange the following works alphabetically, rather than chronologically; especially as the dates are given, and as some of them are accompanied by a brief note explanatory of such matters relating to them, as are of immediate use.] A. ALCIATUS, (And.) Opera omnia. Francofurti, 1627, 4 vols. fol. Parergorum juris libri duodecim. Basilea, 1558. Paradoxorum libri vi.-Disputationum juris libri iv.-Prætermissorum libri ii. Mediolani, 1518. Adnotationes in tres posterioris Codicis Justinianei libros. ANICHOLT, (A. G. L.) De contractu locationis et conductionis. Ludg-Batav. 1815. ASSEN, (Jan Van.) Annotatio ad primum librum Institutionum Gaii. Ludg-Batav. 1826, 8vo. AUGUSTINUS, (Antonius.) De Legibus et Senatûs Consultis. Opera Omnia, Lucæ, 1777, 8 vols. fol. [In 1579 he published at Terragona, a treatise on the proper names in the Pandects, and about the same time collated the Florentine Pandects.] AZO. Summa super ix. Codicis ac Institu. 1448. De Prescriptionibus, 1568. Summa Juris Civilis, 1563. AYLIFFE'S New Pandect of the Roman Civil Law. London, 1734, fol. AVERANUS, (J.) Interpretationum Juris, libri v. Lugduni, 1758, 2 vols. 4to. ACCURSIUS, (B.) Justiniani Codex cum glossis perpetuis, 1475. ALBANENSUS, (D.) Promptuarium Operum Jacobi Cujacii. Mutinæ, 1795, 2 vols. fol. ALTESERRA. Brevis et enucleata expositio in Institutionum Justiniani, libros iv. Parisiis, 1664, 4to. Opera omnia. Neapoli, 1780, 11 vols. 4to. De Fictionibus Juris. Parisiis, 1659, 4to. ANIANUS. Codex Theodosianus. [See J. Sichard's edition, Basle, 1528. But the edition by Tillet, Bishop of Meaux, Paris, 1550, is much superior.] Codex Theodosianus. Tillet.] ANNIANUS. [Vide Breviarium. B. BERRIAT SAINT-PRIX. Histoire du Droit Romain, suive de l'histoire de Cujas. Projet d'un Cours sur les préliminaires du Droit. Grenoble, 1809. BUDÆUS, (Guli.) Opera Omnia. Basiliæ, 1557, 4 vols. fol. BYNKERSHOEK, (Cor. Van.) Opera Omnia. Ludg-Batav. 1752, 7 vols. 4to. [Questiones Juris Publici.-Libri ii. De Rebus Bellicis-De Rebus Varii Argumenti. Questiones Juris Privati.-Libri iv. Observationes Juris Romani.-Libri viii.—Opera Minora. [Among which is his Dissertation on the obscure subject of the RES MANCIPI, which has received much illustration from the Institutes of Gaius, lately brought to light by Niebuhr, and edited by Professor Goschen.] Opuscula. To these is added a seventh volume.-Observationes Juris Romani. His work De Foro Legatorum was translated by Barbeyrac, in 1728-and is entitled Du Judge Competent des Ambassadeurs. Vide ante Note 5, p. 454, for some further notice of this great civilian.] BOXMANUS. De legibus Romanorum Sumptuariis. Ludg. Batav. 1816. BACHOVIUS. Commentarii theorici et practici in Institutiones. Francofurti, 1643, 4to. Commentarii in primam partem Pandectarum. Francofurti, 1630, 4to. BOEHMERUS. Exercitationes ad Pandectas. Hanover, 1764, 6 vols. 4to. BRUNNEMANNUS. Comment. in L. libros Pandectarum. Witeb. 1731, fol. BECK J. Corpus Juris Civilis, recognitum et brevi annotatione instructum, edidit. Lipsiæ, 1825, 1829, 4to. BRANDELER. De Origine, fatis et officiis Juris consultorum. Lug. Bat. 1814, 4to. BEAUFORT. La République Romaine. Paris, 1767, 6 vols. 12mo. fol. Libri v. priores. Lipsia, 1825, 8vo. Fragmenta. Bonn, 1825, Svo.] BEAUFORT'S Republique Romaine, 6 vols. 8vo. Paris, 1776, or 2 vols. 4to. 1766. BLEISWYCK, (H. A. Van.) An pacta contractibus stricti juris adjecta, insint in iis ex parte actoris? Ludg-Batav. 1827, Svo. BEVER, (Dr. T.) Discourse on the study of Jurisprudence and the Civil Law, being an Introduction to a Course of Lectures. Oxford, 1766, 4to. BOUCHAUD'S Recherches Historiques sur les Edits des Magistrats Romains, Quatrième Memoire. Mem. de l'Academie, 41 tom. p. 1. BUTLER, (Charles.) Memoir of the Life of Henry Francis D' Aguesseau, with an historical and literary account of the Roman and Common Law. London, 1830. BRISSONIUS. De Verborum, quæ ad jus pertinent, significatione. Paris, 1596, 1744. Francofurti, 1683. BRISSONIUS. De Formulis et Solemnibus Populi Romani verbis. [Bach's edition, Leipsic, 1754, fol. and Cranmer's Supplement. Kehl, 1815, 4to.] BACONIUS. De Justitiâ Universali, et de Fontibus Juris. BRENCHMANNUS. Historia Pandectarum, seu Fatum Exemplaris Florentini. Utrecht, 1722. BRODIE'S History of the Roman Government. Edinb. 1810, 8vo. BERNARDI de l'origine et du progrès de la législation Française, ou l'histoire du droit public et privé de la France, depuis la fondation de la monarchie, jusqu'a la Revolution. Paris, 1806, 1817, Svo. BRACHYLOGUS (or rather) Enchiridion juris instar Imperialium Institutionum, Heidelb. 1570. BRACHYLOGUS (or rather) Corpus Legum per modum Institutionum. Lug. 1549. BOEKELEN De diversis familiis veterum Jurisconsultorum. Also De Exceptionibus tacitis in pactis publicis. BOUCHAUD, Commentaire sur la loi des douze tables, 2 vols. 4to. Paris, 1803. BUDÆUS, (G.) Annotationes in Pandectas, 1580, 1556, Parisiis. |