§ 69 The legal institutions of Rome of the archaic and pre-classical epoch might well serve as the basis for a course in Roman law.

Such works as that of Comil on the early Roman law or the bulk of the volume of Jolo- wicz are extensive studies dealing with the early period of the state.¹ Like­wise, there may be treatment of the historical antecedents of the later legal institutions; such a work is the discussion of the earliest Roman law by Kaser or research on early law and procedure by Gioffredi.^{[424] [425] In a book in which emphasis is explicitly laid upon Roman law of the classical period, it must suffice to present one institution of the archaic and pre-classical epoch, and that pr imarily to illustrate the nature of the early law.}

Gaius, Institutionum eommentarius IV. 10-12

Furthermore, there are some actions which are framed on (the fiction of ?) a legis actio, others that are of independent force and authority. To make this clear, it is necessary that we should first give an account of the legis act tones. (11) The actions which our forefathers used were called legis actiones either from the fact that they were created by statutes - inasmuch as at that time the edicts of the praetor, whereby a large number of actions were introduced, were not yet in use - or from the fact that they were adapted to the words of the statutes themselves and so were as inflexibly observed as statutes. Hence it was held (responsum est) that one who brought an action for vines cut down and used the word 'vites' (vines) lost his case, since he should have used the word 'arbores' (trees), for the reason that the law of the XII Tables by which an action lay for vines cut down, spoke in general terms of trees cut down. (12) Procedure by legis actio was in five forms: sacramento, per iudids postulationem, per oondictionem, per manus iniectionem, per pignoris capionem.

A.