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[Footnote 18: See the Theodosian Code, l. ix. tit. 14, ad legem Corneliam de Sicariis, leg. 3, and the Code of Justinian, l. ix. tit. viii, viii. ad legem Juliam de Majestate, leg. 5. The alteration of the title, from murder to treason, was an improvement of the subtle Tribonian. Godefroy, in a formal dissertation, which he has inserted in his Commentary, illustrates this law of Arcadius, and explains all the difficult passages which had been perverted by the jurisconsults of the darker ages. See tom. iii. p. 88-111.] [Footnote 19: Bartolus understands a simple and naked consciousness, without any sign of approbation or concurrence. For this opinion, says Baldus, he is now roasting in hell. For my own part, continues the discreet Heineccius, (Element. Jur. Civil l. iv. p. 411,) I must approve the theory of Bartolus; but in practice I should incline to the sentiments of Baldus. Yet Bartolus was gravely quoted by the lawyers of Cardinal Richelieu; and Eutropius was indirectly guilty of the murder of the virtuous De Thou.] [Footnote 20: Godefroy, tom. iii. p. 89. It is, however, suspected, that this law, so repugnant to the maxims of Germanic freedom, has been surreptitiously added to the golden bull.] Yet these sanguinary laws, which spread terror among a disarmed and dispirited people, were of too weak a texture to restrain the bold enterprise of Tribigild [21] the Ostrogoth. The colony of that warlike nation, which had been planted by Theodosius in one of the most fertile districts of Phrygia, [22] impatiently compared the slow returns of laborious husbandry with the successful rapine and liberal rewards of Alaric; and their leader resented, as a personal affront, his own ungracious reception in the palace of Constantinople. A soft and wealthy province, in the heart of