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c H. A. P. baser alloy. Six years had not elapsed from the , oo, publication of the Code, before he condemned the Second imperfect attempt, by a new and more accurate

to: edition of the same work; which he enriched with §o two hundred of his own laws, and fifty decifions of the darkest and most intricate points of jurisprudence. Every year, or, according to Procopius, each day, of his long reign, was marked by some legal innovation. Many of his ačts were rescinded by himself; many were reječted by his successors, many have been obliterated by time; but the number of sixteen EDICTs, and one hundred and The No. sixty-eight Novels “, has been admitted into the *::p authentic body of the civil jurisprudence. In the s34–36s. opinion of a philosopher superior to the prejudices of his profession, these incessant, and for the most part trifling, alterations, can be only explained by the venal spirit of a prince, who sold without shame his judgments and his laws". The charge of the secret historian is indeed explicit and vehement; but the sole instance, which he produces, may be ascribed to the devotion as well as to the avarice of Justinian. A wealthy bigot had be. queathed his inheritance to the church of Emesa; and its value was enhanced by the dexterity of an

94 Novelle is a classic adjećtive, but a barbarous substantive (Ludewig, p. 245.) Justinian never colle&ted them himself: the nine collations, the legal standard of modern tribunals, consist of ninetyeight Novels; but the number was increased by the diligence of Julian, Haloander, and Contius (Ludewig, p. 249. 258. Aleman. Not in Anecdot, p. 98).

95 Montesquieu, Confiderations sur la Grandeur et la Decadence

des Romains, c. 20. tom. iii. p. 5 or, in 4to. On this occasion he

throws aside the gown and cap of a President à Mortier. .

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96 Procopius, Anecdot. c. 28. A similar privilege was granted
to the church of Rome (Novel. ix.). For the general repeal of
these mischievous indulgencies, see Novel. cxi. and Edićt. v.
97 Laëtantius, in his Institutes of Christianity, an elegant and
specious work, proposes to imitate the title and method of the
civilians. Quidam prudentes et arbitri a quitatis Institutiones Ci-
vilis Juris compositas ediderunt (Institut. Divin. 1. i. c. 1.). Such
as Ulpian, Paul, Florentinus, Marcian. -
98 The emperor Justinian calls him suum, though he died before
the end of the second century. His Institutes are quoted by Servius,
Boethius, Priscian, &c. and the Epitome by Arrian is still extant.
(See the Prolegomena and Notes to the edition of Schulting, in the
Jurisprudentia Ante-Justinianea, Lugd. Bot. 1717. Heineccius,
Hist. J. R. No 3 to. Ludewig, in Vit. Just. p. 19)).
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be confidered as an evidence of their merit. They were selected by the imperial delegates, Tribonian, Theophilus, and Dorotheus: and the freedom and purity of the Antonines was incrusted with the coarser materials of a degenerate age. The same volume which introduced the youth of Rome, Constantinople, and Berytus, to the gradual study of the Code and Pandects, is still precious to the historian, the philosopher, and the magistrate. The INSTITUTEs of Justinian are divided into four books; they proceed, with no contemptible method, from, I. Persons, to II. Things, and from things, to, III. Actions ; and the article IV, of Private Isrongs, is terminated by the principles of Criminal Law. I. The distinčtion of ranks and persons, is the firmest basis of a mixed and limited government. In France, the remains of liberty are kept alive by the spirit, the honours, and even the prejudices of fifty thousand nobles”. Two hundred families supply, in lineal descent, the second branch of the English legislature, which maintains, between the king and commons, the balance of the constitution. A gradation of patricians and plebeians, of strangers and subjects, has supported the aristocracy of Genoa, Venice, and ancient Rome. The perfe&t equality of men is the point in which the extremes of democracy and despotism are con- co. founded ; fince the majesty of the prince or people Jowould be offended, if any heads were exalted

C H A P.

XLIV.

-I. OF FERSONS. . Freemen and slaves.

99 See the Annales Politiques de l'Abbé de St Pierre, tom. i. p.25. who dates in the year 1735. The most ancient families claim the immemorial possession of arms and fiefs. Since the Crusades, some, the most truly respectable, have been created by the king, for merit and services. The recent and vulgar crowd is derived from the multitude of venal offices without trust or dignity, which continually ennoble the wealthy plebeians.

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above the level of their fellow-slaves or fellowcitizens. In the decline of the Roman empire, the proud distinčtions of the republic were gradually abolished, and the reason or instinčt of Justinian completed the simple form of an absolute monarchy. The emperor could not eradicate the popular reverence which always waits on the pos. session of hereditary wealth or the memory of famous ancestors. He delighted to honour with titles and emoluments, his generals, magistrates, and senators; and his precarious indulgence communicated some rays of their glory to the persons of their wives and children. But in the eye of the law, all Roman citizens were equal, and all subjećts of the empire were citizens of Rome. That inestimable chara&er was degraded to an obsolete and empty name. The voice of a Roman could no longer enačt his laws, or create the annual ministers of his power: his constitutional rights might have checked the arbitrary will of a master; and the bold adventurer from Germany or Arabia was admitted, with equal favour, to the civil and military command, which the citizen alone had been once entitled to assume over the conquests of his fathers. The first Caesars had scrupulously guarded the distinčtion of ingenuous, and servile birth, which was decided by the condition of the mother; and the candour of the laws was satisfied, if her freedom could be ascertained during a fingle mo

ment between the conception and the delivery, WOL. VIII. E The

CoA. P. The slaves, who were liberated by a generous

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of libertines or freedmen: but they could never be enfranchised from the duties of obedience and gratitude: whatever were the fruits of their industry, their patron and his family inherited the third part; or even the whole of their fortune, if they died without children and without a testament. Justinian respected the rights of patrons; but his indulgence removed the badge of disgrace from the two inferior orders of freedmen. :- whoever ceased to be a slave, obtained, without reserve or delay, the station of a citizen ; and at length the dignity of an ingenuous birth, which nature had refused, was created, or supposed, by the omnipotence of the emperor. Whatever restraints of age, or forms, or numbers, had been formerly introduced to check the abuse of manumissions, and the too rapid increase of vile and indigent Romans, he finally abolished; and the spirit of his laws promoted the extinction of domestic servitude. Yet the eastern provinces were filled, in the time of Justinian, with multitudes of slaves, either born or purchased for the use of their masters; and the . price, from ten to seventy pieces of gold, was determined by their age, their strength, and their education “”. But the hardships of this dependent

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roo If the option of a slave was bequeathed to several legatees, they drew lots, and the losers were entitled to their share of his value ; ten pieces of gold for a common servant or maid under ten years; if above that age, twenty ; if they knew a trade, thirty; notaries or writers, fifty; midwives or physicians, fixty; eunuchs under ten years, thirty pieces; above; fifty; if tradesmen, seventy (Cod. 1, vi. tit.xliii. leg.3). These legal prices are generally below those of the market. - state:

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