hreefold division of the law was applied to the three
Roman kings by Justus Lipsius, (Opp. tom. iv. p. 279;) is adopted by
Gravina, (Origines Juris Civilis, p. 28, edit. Lips. 1737:) and is
reluctantly admitted by Mascou, his German editor. * Note: Whoever is
acquainted with the real notions of the Romans on the jus naturale,
gentium et civile, cannot but disapprove of this explanation which
has no relation to them, and might be taken for a pleasantry. It is
certainly unnecessary to increase the confusion which already prevails
among modern writers on the true sense of these ideas. Hugo.--W]
[Footnote 8: The most ancient Code or Digest was styled Jus Papirianum,
from the first compiler, Papirius, who flourished somewhat before
or after the Regifugium, (Pandect. l. i. tit. ii.) The best judicial
critics, even Bynkershoek (tom. i. p. 284, 285) and Heineccius, (Hist.
J. C. R. l. i. c. 16, 17, and Opp. tom. iii. sylloge iv. p. 1--8,) give
credit to this tale of Pomponius, without sufficiently adverting to
the value and rarity of such a monument of the third century, of the
illiterate city. I much suspect that the Caius Papirius, the Pontifex
Maximus, who revived the laws of Numa (Dionys. Hal. l. iii. p. 171) left
only an oral tradition; and that the Jus Papirianum of Granius Flaccus
(Pandect. l. L. tit. xvi. leg. 144) was not a commentary, but an
original work, compiled in the time of Caesar, (Censorin. de Die
Natali, l. iii. p. 13, Duker de Latinitate J. C. p. 154.) Note: Niebuhr
considers the Jus Papirianum, adduced by Verrius Fiaccus, to be of
undoubted authenticity. Rom. Geschichte, l. 257.--M. Compare this with
the work of M. Hugo.--W.]
[Footnote 9: A pompous, though feeble attempt to restore the original,
is made in the Histoire de la Jurisprudence Romaine of Terasson, p.
22--72, Paris, 1750, in folio; a work of more promise than performance.]
[Footnote 10: In the year 1444, seven or eight tables of brass were dug
up between Cortona and Gubio. A part of these (for the rest is Etruscan)
represents the primitive state of the Pelasgic letters and language,
which are ascribed by Herodotus to that district of Italy, (l. i. c. 56,
57, 58;) though this difficult passage may be explained of a Crestona in
Thrace, (Notes de Larcher, tom. i. p. 256--261.) The savage dialect
of the Eugubine tables has exercised, and may still elude, the
divination of criticism; but the root is undoubtedly Latin, of the same
age and characte
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