]
[Footnote 94: The strong assertions of Procopius are overthrown by the
subsequent experience of Evagrius.]
[Footnote 95: After some figures of rhetoric, the sands of the sea, &c.,
Procopius (Anecdot. c. 18) attempts a more definite account; that it had
been exterminated under the reign of the Imperial demon. The expression
is obscure in grammar and arithmetic and a literal interpretation would
produce several millions of millions Alemannus (p. 80) and Cousin (tom.
iii. p. 178) translate this passage, "two hundred millions:" but I
am ignorant of their motives. The remaining myriad of myriads, would
furnish one hundred millions, a number not wholly inadmissible.]
Chapter XLIV: Idea Of The Roman Jurisprudence.--Part I.
Idea Of The Roman Jurisprudence.--The Laws Of The Kings--The
Twelve 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.
Note: In the notes to this important chapter, which is received as
the text-book on Civil Law in some of the foreign universities, I have
consulted,
I. the newly-discovered Institutes of Gaius, (Gaii Institutiones, ed.
Goeschen, Berlin, 1824,) with some other fragments of the Roman law,
(Codicis Theodosiani Fragmenta inedita, ab Amadeo Peyron. Turin, 1824.)
II. The History of the Roman Law, by Professor Hugo, in the French
translation of M. Jourdan. Paris, 1825.
III. Savigny, Geschichte des Romischen Rechts im Mittelalter, 6 bande,
Heidelberg, 1815.
IV. Walther, Romische Rechts-Geschichte, Bonn. 1834. But I am
particularly indebted to an edition of the French translation of this
chapter, with additional notes, by one of the most learned civilians of
Europe, Professor Warnkonig, published at Liege, 1821. I have inserted
almost the whole of these notes, which are distinguished by the letter
W.--M. 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 domest
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