The History of the Roman or Civil Law

Through the influence of Doctors’ Commons and the universities the civilians played an important role in the development of English law, especially in the fields of commercial, estate and admiralty law. Despite its value, study of the civil law had entered a moribund phase by the eighteenth century. Several student handbooks attempted to correct this deficiency, and Beaver’s translation of Ferriere’s treatise is among the best. Accompanied by Duck’s learned essay that connects the civil law to the common law, the work is among the first in English to establish the confluence of these legal traditions. Also included is Beaver’s translation of The History of the Origine of the French Laws, Translated from the French by J.B. Esq., Shewing, the Analogy of the Laws of the Antient Gauls and Britons. First published anonymously in 1703, it has been attributed to Ferriere, Gabriel Argou and Claude Fleury.Claude Joseph de Ferriere [ca. 1680-ca. 1750] was a well known French jurisconsult, dean of the Faculty of Law in Paris and the author of legal treatises and an important legal dictionary, Dictionnaire de Droit et de Pratique.CONTENTSChap. I. Of the Different Forms of Government in RomeChap. II. Of the Roman Law under the Regal Government Chap. III. Of the Free State of Rome in its Infancy, and the Creation of consuls Chap. IV. Of the Creation of Tribunes of the PeopleChap. V. Of the Decemviri, and Law of the Twelve TablesChap. VI. Of the Consequences that attended the Law of the Twelve TablesChap. VII. Of the LawsChap. VIII. Of the Plebiscita Chap. IX. Of the Interpretation of the LawyersChap. X. Of the Prætor’s EdictsChap. XI. Of the Roman Law under the EmperorsChap. XII. The Succession of the Emperors to JustinianChap. XIII. Of the Emperor Justinian Chap. XIV. Of the Roman SenateChap. XV. Of the Senatus-ConsultaChap. XVI. Of the Lawyers Answers Chap. XVII. Of the most Celebrated Roman Lawyers Chap. XVIII. Of the Law-Books before Justinian’s Time Chap. XIX. Of Justinian’s CodeChap. XX. Of the Digests or Pandects Chap. XXI. Of Justinian’s InstitutesChap. XXII. Of the Second Edition of Justinian’s Code Chap. XXIII. Of Justinian’s latter Constitutions, called Novels Chap. XXIV. Of the Law obscrv’d in the East, after Justinian’s DeathChap. XXV. Of the Law obscrv’d in the West, after Justinian’s Death Chap. XXVI. Of the Use of the Roman Law in France Chap. XXVII. The Decretal Epistle Super-specula explain’d Chap. XXVIII. The Sixty ninth Article of the Ordonnance of Blois explain’d Chap. XXIX. Of the Excellency of the Roman Law Chap. XXX. Of the most celebrated Interpreters of the Roman Law Chap. XXXI. Of the Dispositions requir’d for the Study of the Roman LawChap. XXXII. Of the Method to be observ’d in studying the Roman LawChap. XXXIII. Of the Quotations and Abbreviations