nian, the oracles of jurisprudence were almost
mute. The measure of curiosity had been filled: the throne was occupied
by tyrants and Barbarians, the active spirits were diverted by religious
disputes, and the professors of Rome, Constantinople, and Berytus,
were humbly content to repeat the lessons of their more enlightened
predecessors. From the slow advances and rapid decay of these legal
studies, it may be inferred, that they require a state of peace and
refinement. From the multitude of voluminous civilians who fill the
intermediate space, it is evident that such studies may be pursued,
and such works may be performed, with a common share of judgment,
experience, and industry. The genius of Cicero and Virgil was more
sensibly felt, as each revolving age had been found incapable of
producing a similar or a second: but the most eminent teachers of the
law were assured of leaving disciples equal or superior to themselves in
merit and reputation.
[Footnote 521: Compare, on the Responsa Prudentum, Warnkonig, Histoire
Externe du Droit Romain Bruxelles, 1836, p. 122.--M.]
[Footnote 53: The series of the civil lawyers is deduced by Pomponius,
(de Origine Juris Pandect. l. i. tit. ii.) The moderns have discussed,
with learning and criticism, this branch of literary history; and among
these I have chiefly been guided by Gravina (p. 41--79) and Hei neccius,
(Hist. J. R. No. 113-351.) Cicero, more especially in his books de
Oratore, de Claris Oratoribus, de Legibus, and the Clavie Ciceroniana
of Ernesti (under the names of Mucius, &c.) afford much genuine and
pleasing information. Horace often alludes to the morning labors of the
civilians, (Serm. I. i. 10, Epist. II. i. 103, &c)
Agricolam laudat juris legumque peritus Sub galli cantum,
consultor ubi ostia pulsat.
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Romae dulce diu fuit et solemne, reclusa Mane domo vigilare,
clienti promere jura.
* Note: It is particularly in this division of the history of
the Roman jurisprudence into epochs, that Gibbon displays his profound
knowledge of the laws of this people. M. Hugo, adopting this division,
prefaced these three periods with the history of the times anterior to
the Law of the Twelve Tables, which are, as it were, the infancy of the
Roman law.--W]
The jurisprudence which had been grossly adapted to the wants of the
first Romans, was polished and improved in the seventh century of the
city, by the alliance of Grecian philosop
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