ic 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 honor or 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 rancor of opposition; the character of Justinian
has been exposed to the blind vehemence of flattery and invective; and
the injustice of a sect (the Anti-Tribonians,) has refused all praise
and merit to the prince, his ministers, and his laws. [3] Attached to no
party, interested only for the truth and candor of history, and
directed by the most temperate and skilful guides, [4] I enter with
just diffidence on the subject of civil law, which has exhausted so many
learned lives, and clothed the walls of such spacious libraries. In
a single, if possible in a short, chapter, I shall trace the Roman
jurisprudence from Romulus to Justinian, [5] appreciate the labors of
that emperor, and pause to contemplate the principles of a science so
important to the peace and happiness of society. The laws of a nation
form the most instructive portion of its history; and although I have
devoted myself to write the annals of a declining monarchy, I shall
embrace the occasion to breathe the pure and invigorating air of the
republic.

[Footnote 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 pendantic
yoke; and I have dared to adopt the simple and rational method of
numbering the book, the title, and the law. Note: The example of Gibbon
has been followed by M Hugo and other civilians.--M]

[Footnote 2: Germany, Bohemia, Hungary, Poland, and Scotland, have
received them as common law or reason; in France, Italy, &c., they
possess a