The laws which excuse on any occasions the ignorance of their subjects confess their own imperfections. The civil jurisprudence, as it was abridged by Justinian, still continued a mysterious science and a profitable trade, and the innate perplexity of the study was involved in tenfold darkness by the private industry of the practitioners. The expense of the pursuit sometimes exceeded the value of the prize, and the fairest rights were abandoned by the poverty or prudence of the claimants. Such costly justice might tend to abate the spirit of litigation, but the unequal pressure serves only to increase the influence of the rich, and to aggravate the misery of the poor. By these dilatory and expensive proceedings, the wealthy pleader obtains a more certain advantage than he could hope from the accidental corruption of his judge. The experience of an abuse, from which our own age and country are not perfectly exempt, may sometimes provoke a generous indignation, and extort the hasty wish of exchanging our elaborate jurisprudence for the simple and summary decrees of a Turkish cadi. Our calmer reflection will suggest that such forms and delays are necessary to guard the person and property of the citizen; that the discretion of the judge is the first engine of tyranny, and that the laws of a free people should foresee and determine every question that may probably arise in the exercise of power and the transactions of industry. But the government of Justinian united the evils of liberty and servitude; and the Romans were oppressed at the same time by the multiplicity of their laws and the arbitrary will of their master. FOOTNOTES: [26] Among the works which have been recovered, by the persevering and successful endeavors of M. Mai and his followers to trace the imperfectly erased characters of the ancient writers on these palimpsests, Gibbon at this period of his labors would have hailed with delight the recovery of the _Institutes_ of Gaius, and the fragments of the Theodosian _Code_, published by M. Peyron of Turin. [27] Pisa was taken by the Florentines in the year 1406; and in 1411 the _Pandects_ were transported to the capital. These events are authentic and famous. [28] They were new bound in purple, deposited in a rich casket, and shown to curious travellers by the monks and magistrates bareheaded and with lighted tapers. [29] Gibbon, dividing the _Institutes_ into four parts, considers the appendix of the criminal law in the last title as a fourth part. [30] This parental power was strictly confined to the Roman citizen. The foreigner, or he who had only _jus Latii_, did not possess it. If a Roman citizen unknowingly married a Latin or a foreign wife, he did not possess this power over his son, because the son, following the legal condition of the mother, was not a Roman citizen. A man, however, alleging sufficient cause for his ignorance, might raise both mother and child to the rights of citizenship.