Page:Decline and Fall of the Roman Empire vol 4 (1897).djvu/465

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OF THE ROMAN EMPIRE

441

CHAPTER XLIV

Idea of the Roman Jurisprudence — The Laws of the Kings — The Twelve Tables of the Decemvirs — The Laws of the People — The Decrees of the Senate — The Edicts of the Magistrates and Emperors — Authority of the Civilians — Code, Pandects, Novels, and Institutes of Justinian: — I. Rights of Persons — II. Rights of Things — III. Private Injuries and Actions — IV. Crimes and Punishments

The civil or Roman law The vain titles of the victories of Justinian are crumbled into dust; but the name of the legislator is inscribed on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the Code, the Pandects, and the Institutes;^[1] the public reason of the Romans has been silently or studiously transfused into the domestic institutions of Europe;^[2] and the laws of Justinian still command the respect or obedience of independent nations. Wise or fortunate is the prince who connects his own reputation with the honour and interest of a perpetual order of men. The defence of their founder is the first cause which in every age has exercised the zeal and industry of the civilians. They piously commemorate his virtues; dissemble or deny his failings; and fiercely chastise the guilt or folly of the rebels who presume to sully the majesty of the purple. The idolatry of love has provoked, as it usually happens, the rancour of oppo-

↑ The civilians of the darker ages have established an absurd and incomprehensible mode of quotation, which is supported by authority and custom. In their references to the Code, the Pandects, and the Institutes, they mention the number, not of the book, but only of the law; and content themselves with reciting the first words of the title to which it belongs; and of these titles there are more than a thousand. Ludewig (Vit. Justiniani, p. 268) wishes to shake off this pedantic yoke; and I have dared to adopt the simple and rational method of numbering the book, the title, and the law. [The standard text of the Corpus Juris Civilis is now that of Mommsen and Krüger.]
↑ Germany, Bohemia, Hungary, Poland, and Scotland have received them as common law or reason; in France, Italy, &c. they possess a direct or indirect influence; and they were respected in England from Stephen to Edward I., our national Justinian (Duck de Usu et Auctoritate Juris Civilis, l. ii. c. 1, 8-15. Heineccius, Hist. Juris Germanici, c. 3, 4, No. 55-124, and the legal historians of each country).

[1] The civilians of the darker ages have established an absurd and incomprehensible mode of quotation, which is supported by authority and custom. In their references to the Code, the Pandects, and the Institutes, they mention the number, not of the book, but only of the law; and content themselves with reciting the first words of the title to which it belongs; and of these titles there are more than a thousand. Ludewig (Vit. Justiniani, p. 268) wishes to shake off this pedantic yoke; and I have dared to adopt the simple and rational method of numbering the book, the title, and the law. [The standard text of the Corpus Juris Civilis is now that of Mommsen and Krüger.]

[2] Germany, Bohemia, Hungary, Poland, and Scotland have received them as common law or reason; in France, Italy, &c. they possess a direct or indirect influence; and they were respected in England from Stephen to Edward I., our national Justinian (Duck de Usu et Auctoritate Juris Civilis, l. ii. c. 1, 8-15. Heineccius, Hist. Juris Germanici, c. 3, 4, No. 55-124, and the legal historians of each country).

[1]

[2]