The History of the Decline and Fall of the Roman Empire, Volume 8

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W. Allason, 1820
 

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Página 62 - Roman matrons became the equal and voluntary companions of their lords, a new jurisprudence was introduced, that marriage, like other partnerships, might be dissolved by the abdication of one of the associates. In three centuries of prosperity and corruption, this principle was enlarged to frequent practice and pernicious abuse. Passion, interest, or caprice...
Página 344 - In a subsequent age the zeal of the Nestorians overleaped the limits which had confined the ambition and curiosity both of the Greeks and Persians. The missionaries of Balch and Samarcand pursued without fear the footsteps of the roving Tartar, and insinuated themselves into the camps of the valleys of Imaus and the banks of the Selinga.
Página 33 - In the space of ten centuries the infinite variety of laws and legal opinions had filled many thousand volumes, which no fortune could purchase and no capacity could digest. Books could not easily be found; and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion.
Página 21 - The jurisprudence of the first Romans exhibited the scenes of a pantomime ; the words were adapted to the gestures, and the slightest error or neglect in the forms of proceeding was sufficient to annul the substance of the fairest claim. The communion of the marriage-life was denoted by the necessary elements of fire and water...
Página 347 - In arms, in arts, and possibly in virtue, they excelled the natives of Hindostan; the husbandmen cultivated the palm-tree, the merchants were enriched by the pepper-trade, the soldiers preceded the nairs or nobles of Malabar, and their hereditary privileges were respected by the gratitude or the fear of the king of Cochin and the Zamorin himself.
Página 56 - But the exposition of children was the prevailing and stubborn vice of antiquity: it was sometimes prescribed, often permitted, almost always practised with impunity by the nations who never entertained the Roman ideas of paternal power...
Página 34 - ... and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion. The subjects of the Greek provinces were ignorant of the language that disposed of their lives and properties ; and the barbarous dialect of the Latins was imperfectly studied in the academies of Berytus and Constantinople. As an Illyrian soldier, that idiom was familiar to the infancy of Justinian ; his youth had been instructed by the lessons of jurisprudence, and his imperial choice selected...
Página 39 - Institutes, were declared to be the legitimate system of civil jurisprudence ; they alone were admitted in the tribunals, and they alone were taught in the academies of Rome, Constantinople, and Berytus.
Página 42 - Justinian," but not a fragment of it could be found. "A rumour, devoid of evidence," says Gibbon, " has been propagated by the enemies of Justinian, that the jurisprudence of ancient Rome was reduced to ashes by the author of the Pandects, from the vain persuasion that it was now either false or superfluous. Without usurping an office so invidious, the emperor might safely commit to ignorance and time the accomplishment of this destructive wish. Before the invention of printing and paper, the labour...
Página 45 - It is the first care of a reformer to prevent any future reformation. To maintain the text of the Pandects, the Institutes, and the Code, the use of ciphers and abbreviations was rigorously proscribed; and as Justinian recollected, that the perpetual edict had been buried under the weight of commentators, he denounced the punishment of forgery against the rash civilians who should presume to interpret or pervert the will of their sovereign.

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