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.
senate, under the reign of the CÊsars, was composed of magistrates and
lawyers, and in questions of private jurisprudence, the integrity of
their judgment was seldom perverted by fear or interest.
The silence or ambiguity of the laws was supplied by the occasional
edicts of those magistrates who were invested with the _honors_ of the
state. This ancient prerogative of the Roman kings was transferred, in
their respective offices, to the consuls and dictators, the censors and
prÊtors; and a similar right was assumed by the tribunes of the people,
the ediles, and the proconsuls. At Rome, and in the provinces, the
duties of the subject, and the intentions of the governor, were
proclaimed; and the civil jurisprudence was reformed by the annual
edicts of the supreme judge, the prÊtor of the city. As soon as he
ascended his tribunal, he announced by the voice of the crier, and
afterwards inscribed on a white wall, the rules which he proposed to
follow in the decision of doubtful cases, and the relief which his
equity would afford from the precise rigor of ancient statutes. A
principle of discretion more congenial to monarchy was introduced into
the republic: the art of respecting the name, and eluding the efficacy,
of the laws, was improved by successive prÊtors; subtleties and fictions
were invented to defeat the plainest meaning of the Decemvirs, and where
the end was salutary, the means were frequently absurd. The secret or
probable wish of the dead was suffered to prevail over the order of
succession and the forms of testaments; and the claimant, who was
excluded from the character of heir, accepted with equal pleasure from
an indulgent prÊtor the possession of the goods of his late kinsman or
benefactor. In the redress of private wrongs, compensations and fines
were substituted to the obsolete rigor of the Twelve Tables; time and
space were annihilated by fanciful suppositions; and the plea of
youth, or fraud, or violence, annulled the obligation, or excused the
performance, of an inconvenient contract. A jurisdiction thus vague and
arbitrary was exposed to the most dangerous abuse: the substance, as
well as the form, of justice were often sacrificed to the prejudices of
virtue, the bias of laudable affection, and the grosser seductions of
interest or resentment. But the errors or vices of each prÊtor expired
with his annual office; such maxims alone as had been approved by reason
and practice were copied by succeeding judges; the rule of proceeding
was defined by the solution of new cases; and the temptations of
injustice were removed by the Cornelian law, which compelled the
prÊtor of the year to adhere to the spirit and letter of his first
proclamation. It was reserved for the curiosity and learning of Adrian,
to accomplish the design which had been conceived by the genius of
CÊsar; and the prÊtorship of Salvius Julian, an eminent lawyer,
was immortalized by the composition of the Perpetual Edict. This
Public-domain text, read in full here on John Shaqi.
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