Thus much of Justinian as builder: space fails to enumerate a tithe of his
works. Of his great legal achievement we must speak at even shorter
length. The Roman law, as he received it from his predecessors was an
enormous mass of precedents and decisions, in which the original basis was
overlaid with the various and sometimes contradictory rescripts of five
centuries of emperors. Several of his predecessors, and most especially
Theodosius II., had endeavoured to codify the chaotic mass and reduce it
to order. But no one of them had produced a code which sufficed to bring
the law of the day into full accord with the spirit of the times. It was
no mean work to bring the ancient legislation of Rome, from the days of
the Twelve Tables down to the days of Justinian, into strict and logical
connection with the new Christian ideas which had worked their way into
predominance since the days of Constantine. Much of the old law was
hopelessly obsolete, owing to the change in moral ideas which Christianity
had introduced, but it is still astonishing to see how much of the old
forms of the times of the early empire survived into the sixth century.
Justinian employed a commission, headed by the clever but unpopular lawyer
Tribonian, to draw up his new code. The work was done for ever and a day,
and his “Institutes” and “Pandects” were the last revision of the Old
Roman laws, and the starting-point of all systematic legal study in
Europe, when, six hundred years later, the need for something more than
customary folk-right began to make itself felt, as mediæval civilization
evolved itself out of the chaos of the dark ages. If the Roman Empire had
flourished in the century after Justinian as in that which preceded him,
other revisers of the laws might have produced compilations that would
have made the “Institutes” seem out of date. But, as a matter of fact,
decay and chaos followed after Justinian, and succeeding emperors had
neither the need nor the inclination to do his work over again. Hence it
came to pass that his name is for ever associated with the last great
revision of Roman law, and that he himself went down to posterity as the
greatest of legislators, destined to be enthroned by Dante in one of the
starry thrones of his “Paradise,” and to be worshipped as the father of
law by all the legists of the Renaissance.
IX. THE COMING OF THE SLAVS.
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