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.) * Note: Although the restoration of the Roman law, introduced
by the revival of this study in Italy, is one of the most important
branches of history, it had been treated but imperfectly when Gibbon
wrote his work. That of Arthur Duck is but an insignificant performance.
But the researches of the learned have thrown much light upon the
matter. The Sarti, the Tiraboschi, the Fantuzzi, the Savioli, had made
some very interesting inquiries; but it was reserved for M. de Savigny,
in a work entitled "The History of the Roman Law during the Middle
Ages," to cast the strongest right on this part of history. He
demonstrates incontestably the preservation of the Roman law from
Justinian to the time of the Glossators, who by their indefatigable
zeal, propagated the study of the Roman jurisprudence in all the
countries of Europe. It is much to be desired that the author should
continue this interesting work, and that the learned should engage in
the inquiry in what manner the Roman law introduced itself into their
respective countries, and the authority which it progressively acquired.
For Belgium, there exists, on this subject, (proposed by the Academy of
Brussels in 1781,) a Collection of Memoirs, printed at Brussels in
4to., 1783, among which should be distinguished those of M. de Berg. M.
Berriat Saint Prix has given us hopes of the speedy appearance of a
work in which he will discuss this question, especially in relation to
France. M. Spangenberg, in his Introduction to the Study of the Corpus
Juris Civilis Hanover, 1817, 1 vol. 8vo. p. 86, 116, gives us a general
sketch of the history of the Roman law in different parts of Europe.
We cannot avoid mentioning an elementary work by M. Hugo, in which he
treats of the History of the Roman Law from Justinian to the present
Time, 2d edit. Berlin 1818 W.]
[Footnote 3: Francis Hottoman, a learned and acute lawyer of the xvith
century, wished to mortify Cujacius, and to please the Chancellor
de l'Hopital. His Anti-Tribonianus (which I have never been able to
procure) was published in French in 1609; and his sect was propagated in
Germany, (Heineccius, Op. tom. iii. sylloge iii. p. 171--183.) * Note:
Though the
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