Page:Decline and Fall of the Roman Empire vol 1 (1897).djvu/58

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INTRODUCTION

light on Diocletian's system; and the tendencies of the third century, though still obscure at many points, have been made more distinct. The year of the Gordians is still as great a puzzle as ever; but the dates of Alexandrine coins with the tribunician years give us here, as elsewhere, limits of which Gibbon was ignorant. While speaking of the third century, I may add that Calpurnius Siculus, whom Gibbon claimed as a contemporary of Carinus, has been restored by modern criticism to the reign of Nero, and this error has vitiated some of Gibbon's pages.

The constitutional history of the Empire from Diocletian forward has still to be written systematically. Some noteworthy contributions to this subject have been made by Russian scholars.

(3) Law Gibbon's forty-first chapter is still not only famous, but admired by jurists as a brief and brilliant exposition of the principles of Roman law. To say that it is worthy of the subject is the best tribute that can be paid to it. A series of foreign scholars of acute legal ability has elaborated the study of the science in the present century; I need only refer to such names as Savigny and Jhering. A critical edition of the Corpus juris Romani by Mommsen himself has Gains been one of the chief contributions. The manuscript of Gaius is the new discovery to be recorded; and we can imagine with what interest Gibbon, were he restored to earth, would compare in Gneist's parallel columns the Institutions with the elder treatise.

But whoever takes up Gibbon's theme now will not be content with an exposition of the Justinianean Law. He must go on to its later development in the subsequent Græco-Roman law centuries, in the company of Zachariä von Lingenthal and Heimbach. Such a study has been made possible and comparatively easy by the magnificent works of Zachariä; Ecloga among whose achievements I may single out his restoration of