History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
difference of the seasons. In time, its first malignity was abated and
dispersed; the disease alternately languished and revived; but it was
not till the end of a calamitous period of fifty-two years, that mankind
recovered their health, or the air resumed its pure and salubrious
quality. No facts have been preserved to sustain an account, or even
a conjecture, of the numbers that perished in this extraordinary
mortality. I only find, that during three months, five, and at length
ten, thousand persons died each day at Constantinople; that many cities
of the East were left vacant, and that in several districts of Italy the
harvest and the vintage withered on the ground. The triple scourge of
war, pestilence, and famine, afflicted the subjects of Justinian; and
his reign is disgraced by the visible decrease of the human species,
which has never been repaired in some of the fairest countries of the
globe.
Chapter XLIV: Idea Of The Roman Jurisprudence.--Part I.
Idea Of The Roman Jurisprudence.--The Laws Of The Kings--The
Twelve Of The Decemvirs.--The Laws Of The People.--The
Decrees Of The Senate.--The Edicts Of The Magistrates And
Emperors--Authority Of The Civilians.--Code, Pandects,
Novels, And Institutes Of Justinian:--I. Rights Of Persons.--
II. Rights Of Things.--III. Private Injuries And Actions.--
IV. Crimes And Punishments.
The vain titles of the victories of Justinian are crumbled into dust;
but the name of the legislator is inscribed on a fair and everlasting
monument. Under his reign, and by his care, the civil jurisprudence
was digested in the immortal works of the Code, the Pandects, and
the Institutes: the public reason of the Romans has been silently or
studiously transfused into the domestic institutions of Europe,, and the
laws of Justinian still command the respect or obedience of independent
nations. Wise or fortunate is the prince who connects his own reputation
with the honor or interest of a perpetual order of men. The defence of
their founder is the first cause, which in every age has exercised
the zeal and industry of the civilians. They piously commemorate his
virtues; dissemble or deny his failings; and fiercely chastise the guilt
or folly of the rebels, who presume to sully the majesty of the purple.
The idolatry of love has provoked, as it usually happens, the rancor
of opposition; the character of Justinian has been exposed to the blind
vehemence of flattery and invective; and the injustice of a sect (the
_Anti-Tribonians_,) has refused all praise and merit to the prince, his
ministers, and his laws. Attached to no party, interested only for the
truth and candor of history, and directed by the most temperate and
skilful guides, I enter with just diffidence on the subject of civil
law, which has exhausted so many learned lives, and clothed the walls of
such spacious libraries. In a single, if possible in a short, chapter,
Public-domain text, read in full here on John Shaqi.
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