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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 Edićts of the Magistrates and Emperors.—Authority of the Civilians.—Code, Pande&ts, Novels, and Institutes of justinian :I. Rights of Persons.—II. Rights of Things.III. Private Injuries and Aëtions.—IV. Crimes and Punishments.
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, Opp. tom. iii. sylloge iii. p. 17.1183.). r
4. At the head of these guides I shall respectfully place the learned and perspicuous Heineccius, a German professor, who died at Halle in the year 1741 (see his Eloge in the Nouvelle Bibliotheque Germanique, tom. ii. p. 51-64.). His ample works have been collečted in eight volumes in 4°, Geneva, 1743-1748. The treatises which I have separately used are, 1. Historia Juris Romani et Germanici, Lugd. Batav. 1740, in 89. a. Syntagma Antiquitatum Romanam Jurisprudentiam illustrantium, a vols. in 8°, Trajećt. ad Rhenum. 3. Elementa Juris Civilis secundum Ordinem Institutionum, Lugd. Bat. 1751, in 8°. 4. Elementa J. C. secundum Ordinem Panded arum, Trajećt. 1772, in 8*, 2 vols.
s Our original text is a fragment de Origine Juris (Pande&t. l. i. tit. ii.), of Pomponius, a Roman lawyer, who lived under the Antonines (Heinecc, tom. iii. syll. iii. p 66–126.). It has been abridged, and probably corrupted, by Tribonian, and since restored by
-Bynkershoek (Opp. tom. i. p. 279-3o4.).
The primitive government of Rome" was composed with some political skill, of an elective king, a council of nobles, and a general assembly of the people, War and religion were administered by the supreme magistrate ; and he alone proposed the laws, which were debated in the senate, and finally ratified or rejected by a majority of votes in the thirty curia or parishes of the city. Romulus, Numa, and Servius Tullius, are celebrated as the most ancient legislators; and each of them claims his peculiar part in the threefold division of Jurisprudence’. The laws of marriage, the education of children, and the authority of parents, which may seem to draw their origin from nature itself, are ascribed to the untutored wisdom of Romulus. The law of nations and of religious worship, which Numa introduced, was derived from his noćturnal converse with the nymph Egeria. The civil law is attributed to the experience of Servius : he balanced the rights and fortunes of the seven classes : of citizens; and guarded, by fifty new regulations, the observance of contračts and the punishment of crimes. The state, which he had inclined towards a democracy, was changed by the last Tarquin
Laws of the kings of Rome.
6 The constitutional history of the kings of Rome may be studied in the first book of Livy, and more copiously in Dionysius Halicar. massensis (l. ii. p. 80–96. I 19–130. l. iv. p. 198—22c.), who formetimes betrays the charaćter of a rhetorician and a Greek.
7 This threefold 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.