That intellect declined under the emperors, and that the great writers
of its earlier period, Tacitus included, were really legacies of the
Republic, cannot be denied; and surely it is a pregnant fact. The empire
is credited with Roman law. But the Roman law was ripe for codification
in the time of the first Caesar. The leading principles of the civil law
seem by that time to have been in existence. Unquestionably the great
step had been taken of separating law as a science from consecrated
custom, and of calling into existence regular law courts and what was
tantamount to a legal profession. The mere evolution of the system from
its principles required no transcendant effort; and the idea of
codification must have been something less than divine, or it could not
have been compassed by the intellect of Justinian. The criminal law of
the empire, with its arbitrary courts, its secret procedure, its elastic
law of treason, and its practice of torture, was the scourge of Europe
till it was encountered and overthrown by the jury system, a
characteristic offspring of the Teutonic mind.
Tolerant the empire was, at least if you did not object to having the
statue of Caligula set up in your Holy of Holies, and this toleration
fostered the growth of a new religion. But it is needless to say that,
in this respect, the politicians of the empire only inherited the
negative virtue of those of the republic.
As to private morality, we may surely trust the common authorities--
Juvenal, Suetonius, Petronius Arbiter--supported as they are by the
evidence of the museums. There was one family, at least, whose colossal
vices and crimes afforded a picture in the deepest sense tragic,
considering their tremendous effect on the lot and destinies of
humanity.
It is a glorious dream, this of an autocrat, the elect of humanity,
raised above all factions and petty interests, armed with absolute power
to govern well, agreeing exactly with all our ideas, giving effect to
all our schemes of beneficence, and dealing summarily with our
opponents; but it does not come through the "horngate" of history, at
least not of the history of the Roman empire.
The one great service which the empire performed to humanity was this:
it held together, as nothing else could have held together, the nations
of the civilized world, and thus rendered possible a higher unity of
mankind.
Public-domain text, read in full here on John Shaqi.
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