History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
I shall trace the Roman jurisprudence from Romulus to Justinian,
appreciate the labors of that emperor, and pause to contemplate the
principles of a science so important to the peace and happiness of
society. The laws of a nation form the most instructive portion of its
history; and although I have devoted myself to write the annals of a
declining monarchy, I shall embrace the occasion to breathe the pure and
invigorating air of the republic.
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 _curi_ 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 nocturnal 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 contracts and the punishment of crimes.
The state, which he had inclined towards a democracy, was changed by the
last Tarquin into a lawless despotism; and when the kingly office was
abolished, the patricians engrossed the benefits of freedom. The royal
laws became odious or obsolete; the mysterious deposit was silently
preserved by the priests and nobles; and at the end of sixty years, the
citizens of Rome still complained that they were ruled by the arbitrary
sentence of the magistrates. Yet the positive institutions of the kings
had blended themselves with the public and private manners of the city,
some fragments of that venerable jurisprudence were compiled by the
diligence of antiquarians, and above twenty texts still speak the
rudeness of the Pelasgic idiom of the Latins.
Public-domain text, read in full here on John Shaqi.
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