Severus, (Dodwell, Praelect. viii. p. 324, 325.) Yet he occurs only
twice in the Pandects.]

[Footnote 44: Of Antoninus Caracalla alone 200 constitutions are extant
in the Code, and with his father 160. These two princes are quoted fifty
times in the Pandects, and eight in the Institutes, (Terasson, p. 265.)]

[Footnote 45: Plin. Secund. Epistol. x. 66. Sueton. in Domitian. c. 23.]

[Footnote 46: It was a maxim of Constantine, contra jus rescripta non
valeant, (Cod. Theodos. l. i. tit. ii. leg. 1.) The emperors reluctantly
allow some scrutiny into the law and the fact, some delay, petition,
&c.; but these insufficient remedies are too much in the discretion and
at the peril of the judge.]

[Footnote 47: A compound of vermilion and cinnabar, which marks the
Imperial diplomas from Leo I. (A.D. 470) to the fall of the Greek
empire, (Bibliotheque Raisonnee de la Diplomatique, tom. i. p. 504--515
Lami, de Eruditione Apostolorum, tom. ii. p. 720-726.)]

[Footnote 4711: Savigny states the following as the authorities for the
Roman law at the commencement of the fifth century:-- 1. The writings
of the jurists, according to the regulations of the Constitution of
Valentinian III., first promulgated in the West, but by its admission
into the Theodosian Code established likewise in the East. (This
Constitution established the authority of the five great jurists,
Papinian, Paulus, Caius, Ulpian, and Modestinus as interpreters of the
ancient law. * * * In case of difference of opinion among these five,
a majority decided the case; where they were equal, the opinion of
Papinian, where he was silent, the judge; but see p. 40, and Hugo, vol.
ii. p. 89.) 2. The Gregorian and Hermogenian Collection of the Imperial
Rescripts. 3. The Code of Theodosius II. 4. The particular Novellae, as
additions and Supplements to this Code Savigny. vol. i. p 10.--M.]

[Footnote 48: Schulting, Jurisprudentia Ante-Justinianea, p. 681-718.
Cujacius assigned to Gregory the reigns from Hadrian to Gallienus. and
the continuation to his fellow-laborer Hermogenes. This general division
may be just, but they often trespassed on each other's ground]

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Chapter XLIV: Idea Of The Roman Jurisprudence.--Part III.

Among savage nations, the want of letters is imperfectly supplied by
the use of visible signs, which awaken attention, and perpetuate the
remembrance of any public or private transaction. The jurisprudence of
the first Romans exhibited the scen