Page:1909historyofdec04gibbuoft.djvu/536

 470 THE DECLINE AND FALL [Chap, xliv CHAPTEE XLIV Idea of the Roman Jurisprudence — The Laws of the Kings — The Twelve Tables of the Decemvirs — The Laws of the People — The Decrees of the Senate — The Edicts of the Magistrates and Emperors — Authority of the Civilians — Code, Pandects, Novels, and Institutes of Justinian : — /. Rights of Persons — II. Rights of Things — III. Private Injuries and Actions — IV. Crimes and Punishments The civil r ■ ^HE vain titles of the victories of Justinian are crumbled law into dust ; but the name of the legislator is inscribed on X a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the Code, the Pandects, and the Institutes ; x the public reason of the Romans has been silently or studiously transfused into the domestic institutions of Europe ; 2 and the laws of Justinian still command the respect or obedience of in- dependent nations. Wise or fortunate is the prince who con- nects his own reputation with the honour and 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 ; dis- 1 The civilians of the darker ages have established an absurd and incompre- hensible mode of quotation, which is supported by authority and custom. In their references to the Code, the Pandeots, and the Institutes, they mention the number, not of the book, but only of the law ; and content themselves with reciting the first words f 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 pedantic yoke ; and I have dared to adopt the simple and rational method of numbering the book, the title, and the law. [The standard text of the Corpus Juris Civilis is now that of Mommsen and Kriiger ; I. Institutiones, Digesta, 1882 ; II. Codex, 1884 ; III. No- vellae (ed. Schoell), 1884.] 2 Germany, Bohemia, Hungary, Poland, and Scotland have received them as common law or reason ; in France, Italy, &g. they possess a direct or indirect in- fluence ; and they were respeoted in England from Stephen to Edward I., our national Justinian (Duck de TJsu et Auctoritate Juris Civilis, 1. ii. c. 1, 8-15. Heinecoius, Hist. Juris German) oi, c. 3, 4, No. 55-124, and the legal historians of each country).