rom the viiith, and
more especially from the xiith, century, when it became almost universal
(Montfaucon, in the Memoires de l'Academie, tom. vi. p. 606, &c.
Bibliotheque Raisonnee de la Diplomatique, tom. i. p. 176.)]

[Footnote 85: Pomponius (Pandect. l. i. tit. ii. leg. 2) observes, that
of the three founders of the civil law, Mucius, Brutus, and Manilius,
extant volumina, scripta Manilii monumenta; that of some old republican
lawyers, haec versantur eorum scripta inter manus hominum. Eight of the
Augustan sages were reduced to a compendium: of Cascellius, scripta non
extant sed unus liber, &c.; of Trebatius, minus frequentatur; of Tubero,
libri parum grati sunt. Many quotations in the Pandects are derived from
books which Tribonian never saw; and in the long period from the viith
to the xiiith century of Rome, the apparent reading of the moderns
successively depends on the knowledge and veracity of their
predecessors.]

[Footnote 86: All, in several instances, repeat the errors of the scribe
and the transpositions of some leaves in the Florentine Pandects. This
fact, if it be true, is decisive. Yet the Pandects are quoted by Ivo of
Chartres, (who died in 1117,) by Theobald, archbishop of Canterbury, and
by Vacarius, our first professor, in the year 1140, (Selden ad Fletam,
c. 7, tom. ii. p. 1080--1085.) Have our British Mss. of the Pandects
been collated?]

[Footnote 87: See the description of this original in Brenckman, (Hist.
Pandect. Florent. l. i. c. 2, 3, p. 4--17, and l. ii.) Politian, an
enthusiast, revered it as the authentic standard of Justinian himself,
(p. 407, 408;) but this paradox is refuted by the abbreviations of the
Florentine Ms. (l. ii. c. 3, p. 117-130.) It is composed of two
quarto volumes, with large margins, on a thin parchment, and the Latin
characters betray the band of a Greek scribe.]

[Footnote 88: Brenckman, at the end of his history, has inserted two
dissertations on the republic of Amalphi, and the Pisan war in the year
1135, &c.]

[Footnote 89: The discovery of the Pandects at Amalphi (A. D 1137) is
first noticed (in 1501) by Ludovicus Bologninus, (Brenckman, l. i.
c. 11, p. 73, 74, l. iv. c. 2, p. 417--425,) on the faith of a Pisan
chronicle, (p. 409, 410,) without a name or a date. The whole story,
though unknown to the xiith century, embellished by ignorant ages,
and suspected by rigid criticism, is not, however, destitute of much
internal probability, (l. i. c. 4--8, p. 17-