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History of the Decline and Fall of the Roman Empir

Geschichte des Romischen Rechts im Mittelalter


[Footnote

93: Mead proves that the plague is contagious from Thucydides, Lacretius, Aristotle, Galen, and common experience, (p. 10--20;) and he refutes (Preface, p. 2--13) the contrary opinion of the French physicians who visited Marseilles in the year 1720. Yet these were the recent and enlightened spectators of a plague which, in a few months, swept away 50,000 inhabitants (sur le Peste de Marseille, Paris, 1786) of a city that, in the present hour of prosperity and trade contains no more then 90,000 souls, (Necker, sur les Finances, tom. i. p. 231.)]

[Footnote 94: The strong assertions of Procopius are overthrown by the subsequent experience of Evagrius.]

[Footnote 95: After some figures of rhetoric, the sands of the sea, &c., Procopius (Anecdot. c. 18) attempts a more definite account; that it had been exterminated under the reign of the Imperial demon. The expression is obscure in grammar and arithmetic and a literal interpretation would produce several millions of millions Alemannus (p. 80) and Cousin (tom. iii. p. 178) translate this passage, "two hundred millions:" but I am ignorant of their motives. The remaining myriad of myriads, would furnish one hundred millions, a number not wholly inadmissible.]

Chapter XLIV: Idea Of The Roman Jurisprudence.--Part I.

Idea Of

The Roman Jurisprudence.--The Laws Of The Kings--The Twelve 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:--I. Rights Of Persons.--II. Rights Of Things.--III. Private Injuries And Actions.--IV. Crimes And Punishments.

Note: In the notes to this important chapter, which is received as the text-book on Civil Law in some of the foreign universities, I have consulted,

I. the newly-discovered Institutes of Gaius, (Gaii Institutiones, ed. Goeschen, Berlin, 1824,) with some other fragments of the Roman law, (Codicis Theodosiani Fragmenta inedita, ab Amadeo Peyron. Turin, 1824.)

II. The History of the Roman Law, by Professor Hugo, in the French translation of M. Jourdan. Paris, 1825.

III. Savigny, Geschichte des Romischen Rechts im Mittelalter, 6 bande, Heidelberg, 1815.

IV. Walther, Romische Rechts-Geschichte, Bonn. 1834. But I am particularly indebted to an edition of the French translation of this chapter, with additional notes, by one of the most learned civilians of Europe, Professor Warnkonig, published at Liege, 1821. I have inserted almost the whole of these notes, which are distinguished by the letter W.--M. The vain titles of the victories of Justinian are crumbled into dust; but the name of the legislator is inscribed on a fair and everlasting


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