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.
principal minister was accused of a secret aversion to the Christian
faith, and was supposed to entertain the sentiments of an Atheist and
a Pagan, which have been imputed, inconsistently enough, to the last
philosophers of Greece. His avarice was more clearly proved and more
sensibly felt. If he were swayed by gifts in the administration of
justice, the example of Bacon will again occur; nor can the merit of
Tribonian atone for his baseness, if he degraded the sanctity of his
profession; and if laws were every day enacted, modified, or repealed,
for the base consideration of his private emolument. In the sedition of
Constantinople, his removal was granted to the clamors, perhaps to the
just indignation, of the people: but the quÊstor was speedily restored,
and, till the hour of his death, he possessed, above twenty years, the
favor and confidence of the emperor. His passive and dutiful submission
had been honored with the praise of Justinian himself, whose vanity was
incapable of discerning how often that submission degenerated into the
grossest adulation. Tribonian adored the virtues of his gracious of
his gracious master; the earth was unworthy of such a prince; and he
affected a pious fear, that Justinian, like Elijah or Romulus, would be
snatched into the air, and translated alive to the mansions of celestial
glory.
If CÊsar had achieved the reformation of the Roman law, his creative
genius, enlightened by reflection and study, would have given to the
world a pure and original system of jurisprudence. Whatever flattery
might suggest, the emperor of the East was afraid to establish his
private judgment as the standard of equity: in the possession of
legislative power, he borrowed the aid of time and opinion; and his
laborious compilations are guarded by the sages and legislature of past
times. Instead of a statue cast in a simple mould by the hand of an
artist, the works of Justinian represent a tessellated pavement of
antique and costly, but too often of incoherent, fragments. In the first
year of his reign, he directed the faithful Tribonian, and nine learned
associates, to revise the ordinances of his predecessors, as they were
contained, since the time of Adrian, in the Gregorian Hermogenian, and
Theodosian codes; to purge the errors and contradictions, to retrench
whatever was obsolete or superfluous, and to select the wise and
salutary laws best adapted to the practice of the tribunals and the use
of his subjects. The work was accomplished in fourteen months; and the
twelve books or _tables_, which the new decemvirs produced, might be
designed to imitate the labors of their Roman predecessors. The new
Code of Justinian was honored with his name, and confirmed by his royal
signature: authentic transcripts were multiplied by the pens of notaries
and scribes; they were transmitted to the magistrates of the European,
the Asiatic, and afterwards the African provinces; and the law of the
Public-domain text, read in full here on John Shaqi.
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