The same
volume which introduced the youth of Rome, Constantinople, and Berytus
to the gradual study of the _Code_ and _Pandects_ is still precious to
the historian, the philosopher, and the magistrate. The _Institutes_ of
Justinian are divided into four books: they proceed, with no
contemptible method, from (1), _Persons_, to (2) _Things_, and from
things to (3) _Actions_; and the Article IV of _Private Wrongs_ is
terminated by the principles of _Criminal Law_.[29]
I. The distinction of ranks and _persons_ is the firmest basis of a
mixed and limited government. The perfect equality of men is the point
in which the extremes of democracy and despotism are confounded; since
the majesty of the prince or people would be offended, if any heads were
exalted above the level of their fellow-slaves or fellow-citizens. In
the decline of the Roman Empire, the proud distinctions of the republic
were gradually abolished, and the reason or instinct of Justinian
completed the simple form of an absolute monarchy. The Emperor could not
eradicate the popular reverence which always waits on the possession of
hereditary wealth or the memory of famous ancestors.
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