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§. 1. The deeds of Romulus: his institutions. The rights of the people regarding laws. Curiate laws.
§. 2. The deeds of Servius Tullius. Centuriate laws.
§. 3. Collection of the Royal Laws. Sextus Papirius. The Papirian civil law.
§. 4. Fragments of the Royal Laws. The fabrication of Fr. Balduinus. Numa as the author of laws. His laws. Servius Tullius. L. Tarquinius Superbus.
§. 5. Consular power. Royal laws not abolished. Centuriate assemblies. Consular laws.
§. 6. History of the assemblies.
§. 7. The difference between laws and plebiscites. Tribunician power. The will of the people was law.
§. 8. The opinion of the Jurisconsults regarding the term "law."
§. 9. The proposal of laws.
§. 10. The history of the Laws of the XII Tables; how long these laws survived: fragments.
§. 11. The condition of the Laws of the XII Tables.
§. 12. History of the Jurisconsults. The difference between responses and laws. The origin of civil law.
§. 13. Classes of Jurisconsults.
§. 14. Jurisconsults during the Republic.
§. 15. The specific division of Jurisconsults.
§. 16. Jurisconsults under the Emperors.
§. 17. The beginning of the Empire. The dissimulation of the early Emperors. History of the royal law. Assemblies under the Emperors. The Julian laws.
§. 18. Abolition of the assemblies. Jurisconsults as councilors to the prince.
§. 19. Schools of Jurisconsults.
§. 20. Jurisconsults responding by the authority of the Princes. Their difference.
§. 21. Roman jurisprudence changed greatly under Hadrian. Collection of edicts. History of the perpetual edict.
§. 22. Commentaries of the Jurisconsults on the perpetual edict. Jurisconsults who lived under Severus.
§. 23. The silence of the Jurisconsults around the times of Gordian.
§. 24. The deeds of Constantine the Great. The multitude of constitutions; their distinction.
§. 25. Collection of Constitutions. The Gregorian and Hermogenian Codes.
§. 26. Concerning the Theodosian Code.
§. 27. The author of the collation of Mosaic and Roman laws.
§. 28. Justinian’s study concerning the laws.
§. 29. The chronic order of the Justinian collection.
§. 30. The composition of the Pandects.
§. 31. The preparation of the Institutes.
§. 32. Publication of the Digests.
§. 33. Whether Laurentius published another body of laws.
§. 34. The Code of the second reading.
§. 35. The origin of the Novels.
§. 36. The Edicts of Justinian.
§. 37. Julian’s Epitome of the Novels and their version. The time of the collected Novels.
§. 38. Whence the Novels were called "Authentic."
§. 39. The Haloander version of the Novels. The work of Henry Scrimger.
§. 40. The authority of legal books in Justinian’s time. The manner of teaching laws.
§. 41. The limited use of Roman law in Italy.
§. 42. The origin of the Basilika Imperial Laws books.
§. 43. Photius’s Nomocanon. Editions of the Basilican work.
§. 44. The Ecloga. The authority of Greek law in Magna Graecia.
§. 45. Synopsis of Attaliates.
§. 46. Different genres of Greek legal writings. Theophilus’s paraphrase of the Institutes.
§. 47. Harmenopulus’s manual. When jurisprudence was proposed in the Greek language.
§. 48. The reduction of Justinian law in Italy. The discovery of the Pandects.
§. 49. The distinction of the Pandects into the Old, the Infortiatum, and the New.
§. 50. The origin of the method of citation.
§. 51. The condition of the Pandects. The origin of the marks used in citations.
§. 52. Restoration of the remaining letters.
§. 53. Successors of Irnerius. Two factions arise.
§. 54. The Glosses of Accursius. The hypotheses of Vivian.
§. 55. The authority of the Glosses.
§. 56. Concerning Glossography. The difference between glosses and Lexicons.
§. 57. Commentators on the books of law.
§. 58. The more recent method of treating laws. Legal criticism, its utility.
§. 59. Legal liberty.
§. 60. The merits of Gregory Haloander, Antonio Agustín, Lelio Torelli, Jacques Cujas. The end.
The origin of laws is from ROMULUS, who is the founder of the city as well as the state; the city, says Nonius, consists of buildings, the state of laws and inhabitants. He indeed not only established the pomoerium sacred boundary of the city and built the walls of the city, but also stabilized the foundations of the Republic with illustrious institutions, first alone, after the capture of Troy in the 432nd year, in the 7th Olympiad. In the eighth year from the founding of the city, Tatius, king of the Sabines, having entered into a treaty, was admitted by Romulus into a partnership and society of the kingdom, both of whom proposed laws in this society (which lasted five years). Romulus did not retain all administration of the Republic, but shared with the people the greater part, which was of greater weight and concerned three heads, Dionysius of Halicarnassus, lib. 2, Roman Antiquities: "He entrusted to the democratic multitude these three things: to elect magistrates, to ratify laws, and to deliberate about war." He entrusted three things to the people: 1) to create magistrates, 2) to sanction law, 3) to deliberate about war. He was the first to propose a law, and the other kings proposed them, [and] the people ratified them, which Pomponius called Curiate (l. 2. in pr. ff. de orig. juris), because the people, first divided into curiae, and summoned into that order, brought forth laws.
§. 2. Afterward, Servius Tullius distributed the people into classes and centuries according to each man's census, and through these same orders, once summoned by him, he proposed most laws, which were also called Centuriate; and I will briefly touch upon some points regarding those assemblies immediately, insofar as they pertain to the origin and progress of laws.
§. 3. Sextus Papirius, who lived in those times when Superbus, son of Demaratus of Corinth, was among the leading men, had collected the laws of Romulus, Tatius, and the other kings. Those written laws existed in the book of Papirius in the time of Pomponius, which were called the Papirian civil law, not because Papirius added anything of his own there, but because he composed the enacted laws into one. (d. l. 2. in pr. de or. jur.)
§. 4. The very words and a few fragments of these are found. Indeed, a unique one of Romulus, along with the other fragments of Festus Pompeius, escaped danger and reached us. "If a daughter-in-law should cry out, she shall be sacred to the gods of the parents," and this unique fragment is in large part maimed and loosened. Indeed, the actual sentences of the laws, which it is certain were once proposed by Romulus and ratified by the people, occur among historians and are found here and there. From these, Lipsius, after Balduinus had exhausted the royal and decemviral power, imitating the ancient bending of words, expressed them in words modeled on the mute, as if they were the Decemviri, as if revived and awakened from destruction. If we believe Balduinus in the book he wrote about the laws of Romulus, [they were taken] from a certain bronze column in