127 



Hadrian, the Antonines, and Alexander Severus that 

 final form, in which they were adopted by Justinian ; 

 but these maxims were neither moulded by the will of 

 the Emperors, nor had they an altogether diiferent basis 

 from those before Hadrian. The private jurisprudence 

 at least has grown by gradual development, which now 

 and then assumes tlie aspect of a more visilJe change, as 

 in the Twelve Tables, and at the end of the republic. 



Almost all the great nations of antiquity commenced 

 their public career by a great strictness of morals, and 

 severity and ceremoniousness of manners, so the Per- 

 sians, the Egyptians, and amongst the Greeks, especially 

 the Spartans. Thus Avhen Rome was but a small com- 

 munity, whose existence and independence depended 

 upon unity ; and when tliis unity amoiigst at least three 

 different tribes could oidy be enforced by strict laws, 

 these laws assumed a peculiar Roman and ]iarrow charac- 

 ter, and were surrounded by national prejudices and reli- 

 gious ceremonies. When a new nationality is forming in 

 the history of mankind, tlie people are naturally full of 

 prejudices and views, wliich distinguish this new nation 

 from her siuTounding neighbours. Upon the strength of 

 these prejudices tlie national courage and tlie national 

 pride seem to rest. Every marked nationality has thus, 

 especially at the beginning of its life, marked prejudices, 

 and the smaller this nationality is, the more it will lock 

 itself up against foreign influence, and the more one- 

 sided and narrow-minded its institutions will be. The 

 first laws of Rome, as comprehended in her jus sacrum 

 are full of stiff, ceremonious, and superstitious forms. As 

 in the East, and as in Greece, religious superstitions per- 

 vaded the whole law, and brought the civil justice under 

 the rule of priests and augm-s. But when Rome Avas 

 enlarged by conquests, and the toAvn itself grew by the 

 influx of foreigners, the stiff forms of the ancient laws 



