5 MAY 1888, Page 43

The Historical Introduction to the Private Laws of Rome, by

Professor Muirhead (Adam and Charles Black, Edinburgh), through the fortunate chance of unanticipated expansion, has escaped the honourable fate of immurement in the " Encyclopedia Britannica," for which it was originally written. In the present enlarged and independent form we should forecast for it a more conveniently useful career. The work is planned on a considerable scale, and executed with a very large command of the pertinent learning, and with marked industry and care. Perhaps it is over- weighted here and there with the various opinions of more or less learned and judicious Germans ; but probably we ought to be gratified that Professor Muirhead has at any rate skimmed for the very cream of the cream of German investigation and specula- tion. There is no question but his lists of authorities make our English civilians look remarkably small. On the whole, how- ever, we think that the author has in not a few cases unduly ignored our compatriots ; for example, on the history of contract (and especially on the relation of the obligation to the nexum), on the nature of possession, and even on the purpose of the Institutes of Gains. The treatment of possession is singularly Janie. Readers not accustomed to Professor Muirhead's editions of the Institutes will be offended with such terms as " tutory," " curatory," " dedi- ticiancy," " certiorate," tt.c., and will hardly be reconciled by his minute distinctions to the " peregrin " prwtor. The work.

however, is solid throughout,—clear, sober, scholarly, but not brilliant. It ought to go far to supersede Ortolan with us. It may be said to remove a grave reproach from English legal literature.