Note 371 — Chapter VII · 367 THE FAMILY AND THE STATE IN ITALIAN COMMUNES.368

Comitis Gabriellis Verri, "De ortu et progressu iuris mediolanensis," &c. In Book I. of this work we find, among others, the following words: "Quæ omnia manifeste demonstrant, maiores nostros maximum atque perpetuum studium, contulisse ad agnationem conservandam pro veteri xii. tabularum iure, a Justiniano postea immutato, quo certe nihil ad servandum augendumque familiarum splendorem ... utilius, commodius, aptius, commendabilius potuit afferri."

Another of those old writers on law who steadfastly maintain this view is Cardinal De Luca, who, in his "Theatrum veritatis et iustitiæ," makes a singularly angry attack upon Justinian and all agreeing with his views on the subject of agnation. According to De Luca, the Italians never accepted the reforms, or, rather, as he calls them, the destructions and corruptions, favoured by Justinian.

Even Giannone, in his "Storia Civile del Regno di Napoli" (bk. iii. paragraph v.), says that Justinian's works met with no favour among us. "They found no acceptance either in Italy or in our provinces, nor could they be planted and strike deep roots here, as on foreign soil; on the contrary, the ancient books of the juris-consults were retained, and the code of Theodosius lost neither its reputation nor its authority."

Here it may be well to remark that the persistence of the Roman law in Italy during the Middle Ages, maintained by Savigny, but combated by others, is now admitted on all hands.