History of the Decline and Fall of the Roman Empire — Volume 2Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 2
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
All the civil magistrates were drawn from the profession of the
law. The celebrated Institutes of Justinian are addressed to the
youth of his dominions, who had devoted themselves to the study
of Roman jurisprudence; and the sovereign condescends to animate
their diligence, by the assurance that their skill and ability
would in time be rewarded by an adequate share in the government
of the republic. 119 The rudiments of this lucrative science were
taught in all the considerable cities of the east and west; but
the most famous school was that of Berytus, 120 on the coast of
Phœnicia; which flourished above three centuries from the time of
Alexander Severus, the author perhaps of an institution so
advantageous to his native country. After a regular course of
education, which lasted five years, the students dispersed
themselves through the provinces, in search of fortune and
honors; nor could they want an inexhaustible supply of business
in a great empire already corrupted by the multiplicity of laws,
of arts, and of vices. The court of the Prætorian præfect of the
east could alone furnish employment for one hundred and fifty
advocates, sixty-four of whom were distinguished by peculiar
privileges, and two were annually chosen, with a salary of sixty
pounds of gold, to defend the causes of the treasury. The first
experiment was made of their judicial talents, by appointing them
to act occasionally as assessors to the magistrates; from thence
they were often raised to preside in the tribunals before which
they had pleaded. They obtained the government of a province;
and, by the aid of merit, of reputation, or of favor, they
ascended, by successive steps, to the _illustrious_ dignities of
the state. 121 In the practice of the bar, these men had
considered reason as the instrument of dispute; they interpreted
the laws according to the dictates of private interest and the
same pernicious habits might still adhere to their characters in
the public administration of the state. The honor of a liberal
profession has indeed been vindicated by ancient and modern
advocates, who have filled the most important stations, with pure
integrity and consummate wisdom: but in the decline of Roman
jurisprudence, the ordinary promotion of lawyers was pregnant
with mischief and disgrace. The noble art, which had once been
preserved as the sacred inheritance of the patricians, was fallen
into the hands of freedmen and plebeians, 122 who, with cunning
rather than with skill, exercised a sordid and pernicious trade.
Some of them procured admittance into families for the purpose of
fomenting differences, of encouraging suits, and of preparing a
harvest of gain for themselves or their brethren. Others, recluse
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