on; and those salutary precautions to which Europe is
indebted for her safety, were unknown to the government of Justinian.
No restraints were imposed on the free and frequent intercourse of the
Roman provinces: from Persia to France, the nations were mingled and
infected by wars and emigrations; and the pestilential odor which lurks
for years in a bale of cotton was imported, by the abuse of trade, into
the most distant regions. The mode of its propagation is explained
by the remark of Procopius himself, that it always spread from the
sea-coast to the inland country: the most sequestered islands and
mountains were successively visited; the places which had escaped the
fury of its first passage were alone exposed to the contagion of the
ensuing year. The winds might diffuse that subtile venom; but unless the
atmosphere be previously disposed for its reception, the plague would
soon expire in the cold or temperate climates of the earth. Such was the
universal corruption of the air, that the pestilence which burst forth
in the fifteenth year of Justinian was not checked or alleviated by any
difference of the seasons. In time, its first malignity was abated and
dispersed; the disease alternately languished and revived; but it was
not till the end of a calamitous period of fifty-two years, that mankind
recovered their health, or the air resumed its pure and salubrious
quality. No facts have been preserved to sustain an account, or even
a conjecture, of the numbers that perished in this extraordinary
mortality. I only find, that during three months, five, and at length
ten, thousand persons died each day at Constantinople; that many cities
of the East were left vacant, and that in several districts of Italy the
harvest and the vintage withered on the ground. The triple scourge of
war, pestilence, and famine, afflicted the subjects of Justinian; and
his reign is disgraced by the visible decrease of the human species,
which has never been repaired in some of the fairest countries of the
globe.
Chapter XLIV: Idea Of The Roman Jurisprudence.--Part I.
Idea Of The Roman Jurisprudence.--The Laws Of The Kings--The
Twelve Of The Decemvirs.--The Laws Of The People.--The
Decrees Of The Senate.--The Edicts Of The Magistrates And
Emperors--Authority Of The Civilians.--Code, Pandects,
Novels, And Institutes Of Justinian:--I. Rights Of Persons.--
II. Rights Of Things.--III. Private Injuries And Action
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