the priesthood and army; and how this, in fo extraordinary a manner, enabled each to effect every thing for the public fervice, whilft it prevented all interfering of interefts amongft the orders themfelves;-and laftly, how early they began and how long they continued, to fecure their conquefts, and ftrengthen themselves in proportion to the enlargement of their territory, by incorporating the vanquished nations, and admitting them to fhare in their privileges:-thefe confiderations, indeed, abate our amazement, but increase our esteem for this people.

Yet nothing at this day renders the Roman name more illuftrious, in all the countries of Europe, than that system of laws which they compofed for the ufe of their fate, and which ftill preferves to them a kind of authority and dominion, much more extenfive, and even more glorious, than what they formerly obtained by arms; for that may, in a great measure, be imputed to force and violence, whilft this can only be derived from the acknowleged excellence of their conftitution.

The Inftitutions of Juftinian give us a very diftinct idea of the internal ftate of the Roman people; and of their privileges, connections, and dependencies. He places in a strong light, the authority of the father, the dominion of the mafter, the fubjection of the fon, and the fervitude of the flave. He informs. us fully of the condition of the Ingenui, or thofe who were originally free; and of the Liberti, or thofe who, having acquired Liberty by the indulgence of a mafter, continued under certain legal obligations to that mafter, now their patron. He enables us clearly to comprehend the nature of their matrimonial engagements, and marks out feverally the peculiar circumtances of children, whether begot in matrimony, adopted, or baftard; and prefents us with a table of the degrees of kindred, and order of fucceffion. A fyftematic view of laws, refpecting fach a variety of conditions and fituations in life, fixing and limitting the duties refulting from each, regulating the acquifition and transferment of property, and inflicting punishments upon crimes, whether of a public or private nature, muft, to all men of fenfe, of whatever profeffion, be highly inftructive and entertaining; and this is the view we are invited to in Juftinian's Inftitutions.

But our prefent bufinefs is not to give the public an account of the Inftitutes themfelves, but of the new edition of them, by Mr. Harris.

In his Dedication, to Sir George Lee, Mr. Harris difplays that modefty which fo often accompanies real learning; and

that

that warmth and fpirit, which are the effect of integrity, candour, and fenfe.

The Dedication is followed by this Advertisement.

This Tranflation of the Inflitutions of the Civil Law into English, is principally intended as an introduction to Vinny's edition, and is publifhed on a prefumption, that most young perfons are beft acquainted with their own language; and that the elements of a fcience can never be made too eafy to the learner.

As to the few notes which are added to this verfion, they are chiefly relative to the law of England; but the Tranf lator thinks it incumbent upon him to declare, that he does not print them from any opinion of his ability for fuch an undertaking, but merely through an humble hope, that, imperfect as they are, they may raife the curiofity of the young reader to fearch more deeply, and excite him to unite the ftudy of the laws of his own country, (of which every Englifhman ought to have a general knowlege) with the ftudy of the civil law, which is univerfally allowed to be the mafter-work of human policy.'

Next follows a brief account of the rife and progress of the Roman law, illuftrated with fuch notes, remarks, and references, as render it very authentic, improving, and agreeable.

And then we are prefented with the Inftitutions themselves, accompanied with Mr. Harris's tranflation, and notes; and to the whole is fubjoined the CXVIIIth novel of Juftinian, divided into three chapters, concerning the order of fucceffion, in the original Greek, with a version, and notes.

As to the Tranflation, take the following articles, detached 1 from various parts of the work.

Tit. ix. fect. 1. Definitio Nuptiarum.

• Matrimony is a focial contract between a man and a woman, obliging them to an infeparable cohabitation during life (a).

Sect. 3. Qui funt in poteftate.

The iffue of yourself, and your legal wife, are immediately under your own power. Alfo the iflue of a fon and fon's wife; that is, either grand-fons or grand-daughters by them, are equally in your power: and the fame may be faid ' of great-grand-children, &c. But children born of a daugh

(a) Nuptiæ autem, five matrimonium, eft viri et mulieris conjunctio, individuam vitæ confuetudinem continens. B 2

ter,

⚫ter, will not be in your power, but in the power of their ' own father, or father's father (b),' &c.

6

Tit. x. fect. 12. De pœnis injuftarum nuptiarum.

If any perfons prefume to cohabit together, in contempt ⚫ of the rules which we have here laid down, they shall not be deemed husband and wife, neither fhall their marriage, or any portion given on account of fuch marriage, be valid. And the children born in such cohabitation, shall not be under the power of their father. For, in refpect to paternal power, they resemble the children of a common woman, who are looked upon as not having a father, because it is uncertain who he is. They are therefore called in Latin, Spurii, and in Greek, analopes, i. e. without a father: and from hence it follows, that, after the diffolution of any fuch marriage, no portion, or gift, propter nuptias, can legally be claimed. But those who contract fuch prohibited matrimony, muft undergo the farther punishments fet forth in our • conftitutions (c).'

Sect. 13. De legitimatione.

It fometimes happens, that the children, who, at the time of their birth, were not under the power of their parents, are reduced under it afterwards. Thus, a natural fon, who is made a decurion, becomes fubject to his father's power. And he alfo who is born of a free woman, with whom marriage, is not prohibited, will likewife become fubject to the power of his father, as foon as the marriage inftruments are drawn, as our constitution directs; which allows the fame

(b) Qui igitur ex te & uxore tua nafcitur, in tua poteftate eft. Item qui ex filio tuo et uxore ejus nafcitur, id eft, nepos tuus et neptis, æque in tua funt poteftate; et pronepos, et proneptis, et deinceps cæteri, Qui autem ex filia tua nafcuntur, in poteftate tua non funt; fed in patris eorum.

(c) Si adverfus ea, quæ diximus, aliqui coierent, nec vir, nec uxor, nec nuptiæ, nec matrimonium, nec dos intelligitur. Itaque ii, qui ex eo coitu nafcuntur, in poteftate patris non funt: fed tales funt (quantum ad patriam poteftatem pertinet) quales funt ii, quos mater vulgo concepit. Nam nec hi patrem habere intelliguntur, cum et is pater incertus fit; unde folent fpurii appellari aga n orogar, et analogis, quafi fine patre filii. Sequitur ergo, ut, diffoluto tali coitu, nec dotis, nec donationis exactioni locus fit. Qui autem prohibitas nuptias contrahunt, et alias poenas patiuntur, quæ facris conftitutionibus continentur.

• bene

• benefit to those who are born before marriage, as to thofe < who are born subsequent to it.' (d)

Tit. xi. fect. 3. De arrogatione impuberis.

• When any person, not arrived at puberty, is arrogated by the imperial refcript, the cause is first enquired into, that it ⚫ may be known whether the arrogation is justly founded, and expedient for the pupil. For fuch arrogation is always made on certain conditions, and the arrogator is obliged to give caution before a public notary, thereby binding himfelf, if his pupil fhould die within the age of puberty, to reftore all the goods and effects of fuch pupil to those who would have fucceeded him if no arrogation had been made. < The arrogator is alfo prohibited to emancipate, unless he ⚫ has given legal proof, that his arrogated fon deferves eman❝cipation; and even then he is bound to make full reftitution of all things belonging to fuch fon. Alfo if a father, upon his death-bed hath dilinherited his arrogated fon, or when in health hath emancipated him, without a juft caufe, then "the father is commanded to leave the fourth part of all his goods to his fon, befides what fuch fon brought to him at ⚫ the time of arrogation, and acquired for him afterwards.' (e)

Sect. 7. De adoptione in locum nepotis.

If any man, who has already either a natural, or an adopted fon, is defirous to adopt another, as his grand-fon, the confent of his fon, whether natural or adopted, ought in this cafe to be firft obtained, left a fuus hæres, or proper • heir, fhould be intruded upon him. But, on the contrary,

if

(d) Aliquando autem evenit, ut liberi, qui fatim, ut nati funt, in poteftate parentum non funt, poftea redigantur in poteftatem patris: qualis eft is, qui dum naturalis fuerat, poftea curia datus*, poteftati patris fubjicitur: nec non is, qui, a muliere libera procreatus, cujus matrimonium minime legibus interdiétum fuerat, fed ad quam pater confuetudinem habuerat, poftea, ex noftra conftitutione dotalibus inftrumentis compofitis, in poteftate patris efficitur. Quod et aliis liberis, qui ex eodem matrimonio fuerint procreati, fimiliter noltra conftitutio præbuit.

*Curia datus) The Decurions were fo called, because the Curia, or fenate, of the colonies, was fuppofed to confift of a tenth part of the people.

(e) Cum autem impubes per principale refcriptum arrogatur, caufa cognita, adrogatio fieri permittitur: et exqueritur caufa arrogationis, an honefta fit, expediatque pupillo? Et cum quibufdam conditionibus arrogatio fit: id eft, ut caveat arrogator perfonæ publicæ, fi

B 3

intra

if a grand-father is willing to give his grandfon in adoption, the confent of the fon is not neceflary.' (f)

Tit. xii. fect. 5. De captivitate et poftliminio.

If a parent is taken prifoner by the enemy, altho' he thus becomes a flave, yet he lofes not his paternal power, which remains in fufpenfe by reason of a privilege granted to all pritoners; namely, the right of return. For captives, when they obtain their liberty, are repoffeffed of all their former rights, in which paternal power, of course, must be included: and at their return they are fuppofed, by a fiction of law, never to have been ablent. If a prifoner dies in captivity,

his ton is deemed to have become independent, not from the ⚫ time of the death of his father, but from the commencement of his captivity. Alfo if a fon, or grandfon, becomes a prisoner, the power of the parent is faid, for the reafon before affigned, to be only in fufpenfe. The term poftliminium is derived from poft and limen. We therefore aptly ufe the expreffion, reverfus poftliminis, when a perfon, who was a captive, returns

<

6

within our own confines.'

(8)

From

intra pubertatem pupillus decefferit, reftituturum fe bona illis, qui, fi adoptio facta non effet, ad fucceffionem ejus venturi effent. Item non aliter emancipare eum potelt arrogator, nifi, caufa cognita, dignus emancipatione fuerit; et tunc fua bona ei reddit. Sed, et fi decedens pater eum exhæredaverit, vel vivus fine jufta caufa emancipaverit, jubetur quartam partem ei bonorum fuorum relinquere ; videlicet, præter bona, quæ ad patrem adoptivum tranftulit, et quorum commodum ei poftea acquifivit.

*Bonorum] With us the word goods, does not comprehend those things which are in the nature of freehold, or parcel of it; but denotes only chattels. But in the civil law, the word bona has a greater latitude, and generally comprehends a man's whole eftate, of whatfoever it confifts.

(f) Sed fi quis nepotis loco adoptet, vel quafi ex filio, quem habet jam adoptatum, vel quafi ex iilo, quem naturalem in fuo potestate habet, eo cafu et filius confentire debet, ne ei invito fuus hæres agnafcatur. Sed, ex contra io, fi avus ex filio nepotem det in adoptionem, non eft neceffe, filium confentire.

(g) Si ab hoftibus captus fuerit parens, quamvis fervus hoftium fiat, tamen pendet jus liberorum, propter jus poftliminii: quia hi qui ab hoftibus capti funt, fi reverfi fuerint, omnia priftina jūra recipiunt: idcirco reverfus etiam liberos habebit in poteftate: quia poftliminium fingit eum, qui captus eft, in civitate femper fuiffe. Si vero ibi decefferit, exinde, ex quo captus eft pater, filius fui juris fuiffe videtur. Ipfe quoque filius, nepofve, fi ab hoftibus captus fuerit, fimiliter dicimus, propter jus poftliminii, jus quoque potefta

།