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gation. It therefore became a consequence, that the twelve tables continually received some explanation, addition, or alteration, by virtue of a new law, a senatorial decree or a plebiscite. And here it will be proper to observe, how they differ: a plebiscite was an ordinance of the plebeians or commonalty, which had the force of a law, without the authority of the senate; and a senatus-consultum, or senatorial decree, was an order made by the senators assembled for that purpose; but to constitute a law, properly so called, it was necessary, that it should first be proposed by some magistrate of the senate, and afterwards be confirmed by the people in general. Recourse was also had to the interpretation and decisions of the learned, which were so universally approved of, that, although they were unwritten, they became a new species of law, and were called auctoritas prudentum and jus civile. It must here be observed, that, soon after the establishment of the twelve tables, the learned of that time composed certain solemn forms, called actions of law, by which the process of all courts and several other acts, as adoption, emancipation, &c. were regulated. These forms were for above a century kept secret from the public, being in the hands only of the priests. and magistrates; but about the year U. C. 448 they were collected and published by one Flavius, a scribe; and, from him, called the Flavian law; for which acceptable present the people in general showed many instances of their gratitude. But, as this collection was soon found to be defective, another was afterwards published by Sextas Ælius, who made a large addition of many new forms, which passed under the title of jus Elianum, from the name of the compiler.

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In process of time there also arose another species of law, called the

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res qui huic scientiæ præfuerunt, obtinen"dæ atque augendæ potentiæ suæ causa, "pervulgari artem suam noluerunt, &c." Cic. de Orat. lib. 1. c. 46. "Jus civile

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The Flarian Law ] "Postea, cum Ap"pius Claudius proposuisset, et ad formam "rede gisset has actiones, Cnæus Flavius "scriba ejus, libertini filius, subreptum li

brum populo tradidit; et adeo gratum fuit "id munus populo, ut Tribunus plebis fieret, "Senator, et dilis curulis, &c." ff. 1. t. 2. De orig. juris. Liv. lib. ix. sub. fin. Val. Max. lib. ii. cap. 5. Aul. Gell. lib. vi. c. 9.

Tully, in his oration for Muræna, is remarkably severe upon these forms, and treats both them and their abettors with that just contempt, which they most certainly deserve. "Primum dignitas in tam tenui scien"tia quæ potest esse? res enim sunt parvæ ;

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prætorian edicts; which, although they ordinarily expired with the annual office of the prætor, who enacted them, and extended no further than his jurisdiction, were yet of great force and authority: and many of them were so truly valuable for their justice and equity, that they have been perpetuated as laws.

These were the several principal parts of the Roman law, during the free state of the commonwealth; But, after the re-establishment of monarchy in the person of Augustus, the law received two additional parts; the imperial constitutions and the answers of the lawyers.

The constitutions soon became numerous, but were not framed into a body, till the reign of Constantine the great; when Gregorius and Hermogenes, both lawyers of eminence, collected in two codes the constitutions of the pagan emperors, from the reign of Adrian to that of Dioclesian inclusive: but these collections were not made by virtue of any public authority, and are not now extant.

Another code was afterwards published by order of the emperor Theodosius the younger, which contained the constitutions of all the christian emperors, down to his own time; and this was generally received both in the eastern and western empires.

But these three codes were still far from being perfect; for the constitutions, contained in them, were often found to be contradictory; and they wanted, but too plainly, that regulation, which they afterwards underwent through the care of Justinian; who in the year of Christ 528 ordered the compilation of a new code, which was performed and published the year following by Tribonian and others; the three former codes being suppressed by the express ordinance of the emperor. When this work was thus expeditiously finished, the emperor next extended his care to the Roman law in general, in order to render it both concise

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and perfect. The answers and other writings of the ancient lawyers had long since acquired the full force of a law, and were now so numerous as to consist of near two thousand volumes; from which, by command of Justinian, the best and most equitable opinions were chosen; and being first corrected, where correction was necessary, were afterwards divided into fifty books, called digests or pandects: and, that they might be the more firmly established, the emperor not only prohibited the use of all other law-books, but also forbad, that any comment should be written upon these his new digested laws, or that any transcript should be made of them with abbreviations. But, during the time of compiling the digests, it was thought expedient by Justinian, for the benefit of students, that an abridgment should be made of the whole Roman law; which work was soon performed in obedience to his order, and confirmed with the digests, under the title of institutions.

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The emperor afterwards, upon mature deliberation, suppressed the first edition of his code, and published a second, which he intitled Codex repetita prælectionis, having omitted several useless laws, and inserted others, which were judged serviceable to the state.

The Justinian-law now consisted of three parts, the institutions, the digests, and the second code. But the emperor, after the publication of the second code, continued from time to time to enact diverse new constitutions or novels, and also several edicts; all which were collected after his decease, and became a fourth part of the law.

The 13 edicts of Justinian and most of the novels were originally conceived in the Greek tongue; and so great was the decline of the Roman language at Constantinople within forty years after the death of this emperor, that his laws in general were not otherways intelligible to the major part of the people, than by the assistance of a Greek version: but, notwithstanding this disadvantage, they still subsisted intire, till the publication of the Basilica, by which the east was governed, till the dissolution of the empire.

Suppressed the first edition of his code.] "Nemini in posterum concedimus, vel ex "decisionibus nostris, vel ex aliis constitu

"mento Porphyrogeneta, paternum opus "sub incudem revocavit, et libros illos • Βασιλικών publicavit sub initium sæcu

"tionibus, quas antea fecimus, vel ex pri-li decimi. Et hi quidem sunt libri illi

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"ma Justinianei codicis editione, aliquid Baozov, ex Græca institutionum, pan“recitare; sed, quod in præsenti purgato et "dectarum, codicis versione, Justiniani no"renovato codice nostro scriptum invenitur, "vellis et edictis tredecim, nec non ex ju"hoc tantummodo in omnibus rebus et juris-consultorum quorundam orientalium "diciis et obtineat et recitetur: cujus scrip"turam, ad similitudinem nostrarum insti"tutionum et digestorum, sine ulla signo"rum dubietate conscribi jussimus." De emendatione cod. § 5.

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paratitlis, aliisque libris, quia et patribus "et conciliis collecti; ita tamen ut multa "omissa videamus, quæ fortassis tum ab usu recesserant, multas etiam leges in com

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pendium contractas, multa denique ex posteriorum principum legibus et consti"tutionibus addita animadvertamus. Opus "istud in sexaginta libros divisum. præter

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pauca, quæ nondum integra reperiri po"tuerunt, cum glossis græce et latine edi"tum est a Car. Annib Fabrotto, Paris. "1647. fol. vol. vii." vid. Heineccii hist.

Basilica.] "Versionibus juris Justinianei "Græcis, et novellis eadem lingua scriptis, "in foris scholisque utebantur, donec, de "eo in compendium mittendo, sæculo nono "cogitare inciperent imperatores Byzanti"ni Ex his primum Basilius Macedo anno "838 ediderat 90781 for four, quod jur. civ. l. 1. § 405. "constabat titulis quadraginta. Deinde "Leo angos, patri Basilio succedens, col"lectionem illam paternam perfecit, eam“ que sub titulo διατάξεων βασιλικών pro "mulgavit, anno Christi 886. Denique sub66 secutus Leonem Constantinus, cogno

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The dissolution of the empire.] Constan

tinople was taken by the Turks, and a pe"riod was put to the eastern empire in the year of Christ, 1453.

The laws published by Justinian were still successful in the west; where, even in the life-time of the emperor, they were not received universally; and, after the Lombard invasion, they became so totally negglected, that both the code and the pandects were lost, till the 12th century; when it is said that the pandects were accidentally recovered at Amalphi, and the code at Ravenna. But as if fortune would make an atonement for her former severity, they have since been the study of the wisest men, and revered, as law, by the politest nations.

After the Lombard invasion.] The Lombards entered Italy under Alboinus about the year of Christ 568, in the reign of Justin the second, successor to Justinian.

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At Amalphi.]" Eo tempore (Anno Dom. "1130) injustis perturbatisque comitiis, la"cerarat ecclesiam falsus pontifex Petrus "Leonis, Anacletus secundus nuncupatus "ab sua factione; cujus dux erat Rogerius Apuliæ ac Siciliæ comes, Regis nomine "a falso pontifice donatus. Adversus Ana"cletum creatus rite ac solenniter fuerat In"nocentius secundus, cui favebat imperator "Lotharius Saxo, summa virtute atque pru"dentia princeps; quo bellum gerente adversus Rogerium, Amalphi, urbe Salerno "proxima, (quam perperam aliqui locant “in Apulia, Melphiam cum Amalphi con"fundentes,) inopinato reperti fuerunt di

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quot ante Lotharium annis, jus civile Jus "tiniani commemoravit Ivo Carnotensis, et "libros pandectarum; cum antea, si occur"rerent, forsan socordia et oblivione præ"termitterentur." vid. Gravinæ orig. jur. civ. lib. 1. cap. 140. et Hein. hist. jur. civ. lib. 1. § 412.

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