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As tke source was clear, the water was not contaminated by fubsequent impurities.
• It should be observed also that the materials which compose this fyftem were neither halily collected nor rafhly arranged. The foundation of the fabric was coeval with that of the city itfelf, but the fuperftructure required the labour of more than 'twelve centuries to complete it. In other words it result of long attention and fober deliberation ; conducted by lawgivers of great tcniper and philosophy; planned upon the fairest and molt rational principles of humanity; shaped and moulded by comparative schemes of polity; matured by long experience; and iaitly (by a revolution full of equity) as it was formed upon the bei models of antiquity, so has it been honoured, illuftrated, and copied by many ilates and people that followed after."
In this Chronological View of the Roman Law, our inge. nious author examines the foundation, and traces the addi. tional superstructure, as occasionally raised, under its different titles. The whole is explained with great clearness and precision : in one or two instances, we own we suspected him of haste and inaccuracy ; but the more closely he was
examined, his accuracy was more evident. In this part of his work he illustrates the origin and progress of the laws of regal, confular, and imperial Rome, and marks their various stages of revolution and reform, during a period of more than twelve centuries, "He purposes, in a second part, to relate the hiitory of the revival of the Roman law, its connection with the feudal and canon law, its character and influence in the different courts and academies of Europe, together with the lives and writings of its most eminent professors.
From a Chronological History, it is not easy to select any part which will be agreeable or interesting to the reader; but more than one half of the volume conlists of illuftrations, These then, which are rather independent effays, arising from the fabject, we shall next examine.
The firit note is on the celebrated law of the Twelve Tables, and in it, the author has paid some attention to the system of the French academician. He thinks that no more can be reaSonably inferred from the three differtations of monsieur Bo, namy, than that the Twelve Tables did not consist merely of Grecian laws. Mr. Schomberg has not cited all the authotities which may be brought in support of his fyftem; for this would require a volume, and the subject may now be supposed uninteresting. He mentions two common errors, chiefly to confute them: one, that these Laws were not written in verse; the other, that Cicero's work, de Legibus,' was not intend
ed merely as a commentary on them. The first rested on the use of the word carmen, which was variously applied; the other is contradicted by Cicero himseif.
The second note is on some distinguished professors of the civil law at Rome. Mr. Schomberg very properly notices the Mucian family, and a few others. Cicero, notwithstanding fome objections, was far from being indifferent, in our author's opinion, to the more confined study of the civil law; and fuccefsfully cultivated juridical learning. He certainly, in the whole course of his itudies, or in his subsequent practice, did not confine himself to this science; but it is highly probable, that he was no mean proficient.
He was a learned and acute lawyer; but he was also a vigilant magistrate, and an able philosopher. It is remarkable, that the Roman lawyers al, ways mixed somewhat of the prevailing philofopby and their peculiar fees in their decisions. That of Zeno was the most prevalent; and, as our author juftly observes, in his third note, that it almoft excluded the Academic and Peripatetic philosophy from that line. The philosophy of the Porch was indeed more ftri&t in its language, and more precise in its explanation and use of words, than that of the schools, so that we should feel its influence in that science, where the greatest exactness of language is neceffary. This explanation is highly satisfactory, though their fyftem not only allowed of, but enjoined public employments : to apply philosophy to public businefs was their favourite position. We entirely agree with our author, that a minute enquiry into the Stoicism of the civil law, would be an entertaining and curious work.
The fourth esíay is on the meaning of the word prætor, whose decisions made a great part of the ancient jurisprudence. We shall select a part of this note, because it is highly useful ; and by the inattention of some authors to the distinction which it contains, much confusion has arisen,
• If there be any truth in lord Bacon's maxim,“ as that law is ever the best which leaves least to the breast of the judge, so is that judge the best who leaves least to himself,” the Corneljan law, which made the annual edict of the prætor immutable, mult be considered as an excellent inftitution. It is no uncommon thing to confound this annual perpetual edict (if I may use the expreffion), with the perpetual edict of Julian, or, as it is frequently called, of Adrian: Gravina's distinction is worth attending to. • The prætor's ediet (says he), as regu: lated by the Cornelian law, was called perpetual, because by that law the prætor was bound to adhere without variation duro ing the year of his office to the rules he had laid down when he firit entered upon it: but in the following year these rules were pot considered as binding upon his fucceffor, unless he chose
voluntarily to adopt them. Adrian's edict was called perpetual because it was not left to the will of any prætor to adopt or reject it, but was necessarily transferred together with the office, and was regarded by each fucceeding magistrate as a code of invariable and perpetual authority,"
The next object of attention is the high priesthood, which, was an office of too much importance to be trusted in any
other than imperial hands. One of its numerous privileges was the presidency of the facred college, the repository of the jus pontificium, whose business related principally to adoptions, marriages, testaments, burials, oaths, vows, confecrations, digesting the annals, regulating the calendar, appointing the dies falti and nefatti, and adjusting the forms of juridical proceedings.
The lex regia, which was first employed as a term age of the Antonines, but in reality was exercised without any appropriated title many years before, induces our author to fpeak of Auguftus, and the means by which he acquired the various powers, usually lodged in the hands of the senate. The following remarks show the judgment of the author, and his political knowlege of that period.
• Perhaps the government of Rome, during the last years of Auguftus, may be considered as something analogous to that of England, at the beginning of the seventeenth century, a fimple and unmixed monarchy, whose popular assemblies were thought to form only the ornament of the fabric without being in any degree eflential to its existence. At least this seems to have been a prevailing idea among the best writers of those times, who describe it as a prerogative government, where book law in molt cases yielded to lex loquens, and where whatever was done by the king, with the advice of his privy council, was looked upon as done in fact by the king's absolute power.” A very striking description of the principal features of Roman polity, particularly of those new arrangements which had taken place under Augustus, between the fenate, the emperor, and the council. There is therefore a manifest inconsistency in those writers who attempt to describe che constitution of the Roman state as immaterially affected by this revolution. They tell us that the image of the old republic is very discernible in the person of the emperor ; that as he did not profess to be,
De Ortu, &c. cap. 38. The use of the word perpetuum in the sense in which it is here applied in the fornier case is not uncommon in the best writers. Cicero, more than once, has oratio perpetua. Cæsar, De Bello Gallico. lib. 7. cap. 57. Palus perpetua. And Terence in the Hecyra, acł 1. fcen. 2. V. 12. makes Philotus say
“ Biennium ibi perpetuum misera illum tuli.” In all these instances it signifies uninterrupted continuation, within certain bounds,
neither in fact ought he to be, considered as absolute Sovereign of that mighty empire; that he held only a temporary, delegated power, wbich could be at pleasure relumed by those from whom he had received it, and that his power did not consist in his Single will and authority as, supreme, but was composed of the various species of duties and prerogative's annexed to the different offices in the republic, which in tead of being separately exercised. as formerly, were then united in the person of the em: peror. But surely this very circumstance is fufficient to prove to us what was the nature and extent of his authority, and to convince us that (however ai tfully glossed over) the power of Augustus was as absolute and extenqve as any which the molt ambitious of his fuccefors ever enjoyed. The following remark of lord Shaftesbury places this subje&t in fo true a light, and is expressed with so much elegance, that I shall make no apology for subjoining it at length. It was the friendship of Mæcenas, which turned a prince, naturally cruel and barbarous, to the love and courtship of the Muses. These tutoreffes formed in their royal pupil a new nature. They taught him how to charm mankind. They were more to him than his arms or military virtue.; and, more than Fortune herself, aflfted him in his greatness, and made his ufurped dominion so enchanting to the world that it could see without regret its chains of bondage firmly rivetted. The corrupring sweets of such a poisonous government were not indeed long lived. The bitter foon fucceeded : and in the issue, the world was forced to bear with patience those natural and genuine tyrants who succeeded to this spacious machine of arbitrary and universal power."
The next note is chiefly on the difference between the laws of the eastern and wefern empire. Those of the latter, in the most diffolute reigns, are founded on equity, and expreffed with an elegant precision. This was owing to the emperor's trusting the legislative power to the civilians and council, who happily were either less fubje&t to temptation, or better enabled to relilt the general depravity.
The eighth note is a learned account of the different seminaries for teaching legal knowlege, and the disciplines observed in them. A great part of this no is new, and the whole is clear and well arranged. It has afforded us much infruction; and we think that the author might enlarge this outline with great advantage.
The ninth is on the language of the law about, and after, the age of the Antonines, when it was refined with fingular care; for it still retained some of its stiffness, and the ruft of antiquity. This pote contains also some account of those celea brated civilians Papinian, Paulus, and Ulpian.
The next subject is on the fate of the civil law after the Gothic conqueft. Our author supposes that it neither pre
vailed in its original purity, nor was quite loft : it more probably was gradually intermixed with the laws of the victors , and loft its value in proportion as it was contaminated by barbarou's customs..
< Prom the whole of what has been advanced, the following contlufions may, I think, be drawn with a tolerable degree of certainty. That during the fifth century, and prior to the exa iftence of any written code among the barbarians, the Roman laws were generally admitted and conlidered by them as of very high authority: that they differed from the national institutions which the invaders brought with them into their new leto tlements, in having an absolute and univerfal influence, whereas the Gothic laws were merely conditional, and confined to some particular districts : that in consequence of those revolutions which happened in the fixtb-century, particularly, the introduce tion of the Salicy Ripuarian, and Visigothic codes, the laws of Theodofius loft much of their authority, though the use of them was still permitted to the subjects of the empire dwelling, in the provinces ; and even the Goths themselves would free quently appeal to them, in preference to all other foreign laws, on points where their own were filent or indecisive : and that, notwithstanding the strong prohibitions under which they latterly appear to have laboured, it can scarcely bę asserted that they were ever thoroughly extinguished ; since the Gothic legiflators, aware of their extraordinary excellence, transferred 10 large a portion of them into their own compilations, that they effectually preserved the spirit of the Roman law, thoughi they debased its form, and nominally denied its authority.!
The next' note is on the temporary reftitution of law and letters under Theodoric, and includes a slight sketch of his life. The two last contain some account of the decline of the jur.. tinian code, its loss, and subsequent recovery; but our article is too far extended to enable us to enlarge on the fubject.
We need scarcely add, that we think this a valuable compendium of the Roman law; it displays the elegance of the fcholar, with the accuracy of the lawyer: we all receive with pleasure the second part of the work.
Letters on the Elements of Botany. Addrefed to a Lady. By the
celebrated 7. J. Rousseau. Translated into English, with Notes, and Twenty-four additional Letters, fully explaining the System of Linnæus. By Thomas Martyn, B.D. 8vo. 7sa ito Boards,
White... EVERY one who teaches, and every one who endeavours to
ftudy botany, will feel the want of an elementary treatise. Ebe common elements are little more than, nomenclatares, and