The History of the Decline And Fall of the Roman Empire

Cover The History of the Decline And Fall of the Roman Empire
The History of the Decline And Fall of the Roman Empire
Milman Henry Hart
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I do not know, how, in opposition to this pas- sage, the opinion of M. Hugo can be maintained. We must add to this the passage quoted from Fomponius; and from such strong prooft, it seems incon- testable that the emperors had granted some kind of privilege to certain civilians, quibus permissum erat jura condere.
Their opinion had sometimes the force of law, legis vicem. M. Hugo, endeavouring to reconcile this phrase with his system, gives it a forced interpretation, which quite alters the sens
...e *. he supposes that the pas- sage contains no more than what is evident of itself, that the authority of the civilians was to be respected, thus making a privi- lege of that which was firee to all the world. It appears to me almost indispu- table, that the emperors had sanctioned certain provisions relative to the authority of these civilians, consulted by the Judges.
But how far was their advice to be re- spected ? This is a question, which it is impossible to answer precisely, from the want of historic eridence.


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