II] OF SHEEP 147 



genuinely sound in the sense in which a flock of 

 sheep is considered genuinely sound, excluding ^ 

 those blind of one eye, deaf, or minae — that is,^ 

 with belly devoid of wool — that they do not come 

 from a tainted flock, that possession is good in law, 

 and that this sale is legal? When this has been 

 done, the flock has still not changed owner unless 

 the money has been paid down ; yet the buyer may 

 bring and win an action under the head of ^'bought 

 and sold " ^ against the seller if he does not deliver 

 them, even though he may not have paid the money, 

 just as the seller may bring a similar action against 

 the buyer if he does not pay. 



* Extra. Extra quam si, words which introduce an exception 

 in the text of an agreement. Cf. Cicero (Ad Atticum, vi, i, 14) : 

 Extra quam si ita negotium ^estum est ut eo stari non oporteat 

 ex fide bona. 



* Id est ventre glabra. If these words are not an inter^pola- 

 tion made by an unintelligent copyist, apicae and minae have 

 the same meaning. This does not seem probable, for both the 

 words are explained by Festus : Apice dicitur ovis quae ventrem 

 glabrum habet; and : Minam ait Aelius vocitatam mammam 

 alteram lacte deficientem (for alteram, which is unintelligible, 

 alturae or ad alturam is plausible). 



Meursius, and after him Miiller, suggest that minus is the 

 positive of minor, and means tenuis (cf. modern Welsh, main 

 = '* slight." Perhaps the word means here "with unde- 

 veloped teats," and the following phrase is a gloss. 



' Ex emptv vendito, a titulus iuris. Cf. Cicero (De N. D., 

 iii, cap. 30): Reliqtui quae ex empto aut vendito. . . . Contra 

 fidem fiunt. 



As to the fact, cf. Justin, Instit., iii, 24: Emptio et venditio 

 contrahitur simul atque de pretio convenerit quamvis nondum 

 pretium numeratum sit. 



