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.
empire was proclaimed on solemn festivals at the doors of churches.
A more arduous operation was still behind--to extract the spirit of
jurisprudence from the decisions and conjectures, the questions and
disputes, of the Roman civilians. Seventeen lawyers, with Tribonian
at their head, were appointed by the emperor to exercise an absolute
jurisdiction over the works of their predecessors. If they had obeyed
his commands in ten years, Justinian would have been satisfied with
their diligence; and the rapid composition of the Digest or Pandects, in
three years, will deserve praise or censure, according to the merit of
the execution. From the library of Tribonian, they chose forty, the most
eminent civilians of former times: two thousand treatises were comprised
in an abridgment of fifty books; and it has been carefully recorded,
that three millions of lines or sentences, were reduced, in this
abstract, to the moderate number of one hundred and fifty thousand.
The edition of this great work was delayed a month after that of the
Institutes; and it seemed reasonable that the elements should precede
the digest of the Roman law. As soon as the emperor had approved their
labors, he ratified, by his legislative power, the speculations of
these private citizens: their commentaries, on the twelve tables, the
perpetual edict, the laws of the people, and the decrees of the senate,
succeeded to the authority of the text; and the text was abandoned, as
a useless, though venerable, relic of antiquity. The _Code_, the
_Pandects_, and the _Institutes_, were declared to be the legitimate
system of civil jurisprudence; they alone were admitted into the
tribunals, and they alone were taught in the academies of Rome,
Constantinople, and Berytus. Justinian addressed to the senate and
provinces his _eternal oracles_; and his pride, under the mask of
piety, ascribed the consummation of this great design to the support and
inspiration of the Deity.
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