FOOTNOTES: 

[26] Among the works which have been recovered, by the persevering and successful endeavors of M. Mai and his followers to trace the imperfectly erased characters of the ancient writers on these palimpsests, Gibbon at this period of his labors would have hailed with delight the recovery of the Institutes of Gaius, and the fragments of the Theodosian Code, published by M. Peyron of Turin.

[27] Pisa was taken by the Florentines in the year 1406; and in 1411 the Pandects were transported to the capital.  These events are authentic and famous.

[28] They were new bound in purple, deposited in a rich casket, and shown to curious travellers by the monks and magistrates bareheaded and with lighted tapers.

[29] Gibbon, dividing the Institutes into four parts, considers the appendix of the criminal law in the last title as a fourth part.

[30] This parental power was strictly confined to the Roman citizen.  The foreigner, or he who had only jus Latii, did not possess it.  If a Roman citizen unknowingly married a Latin or a foreign wife, he did not possess this power over his son, because the son, following the legal condition of the mother, was not a Roman citizen.  A man, however, alleging sufficient cause for his ignorance, might raise both mother and child to the rights of citizenship.

[31] The edict of Constantine first conferred this right; for Augustus had prohibited the taking as a concubine a woman who might be taken as a wife; and if marriage took place afterward, this marriage made no change in the rights of the children born before it; recourse was then had to adoption, properly called arrogation.

[32] The Roman laws protected all property acquired in a lawful manner.  They imposed on those who had invaded it, the obligation of making restitution and reparation of all damage caused by that invasion; they punished it moreover, in many cases, by a pecuniary fine.  But they did not always grant a recovery against the third person, who had become bona fide possessed of the property.  He who had obtained possession of a thing belonging to another, knowing nothing of the prior rights of that person, maintained the possession.  The law had expressly determined those cases, in which it permitted property to be reclaimed from an innocent possessor.  In these cases possession had the characters of absolute proprietorship.  To possess this right, it was not sufficient to have entered into possession of the thing in any manner; the acquisition was bound to have that character of publicity, which was given by the observation of solemn forms, prescribed by the laws, or the uninterrupted exercise of proprietorship during a certain time:  the Roman citizen alone could acquire this proprietorship.  Every other kind of possession, which might be named imperfect proprietorship, was called in bonis habere.  It was not till after the time of Cicero that the general name of dominium was given to all proprietorship.