The historians' history of the world in twenty-five volumes, volume 07 : $b the history of the later Roman Empire
History
The historians' history of the world in twenty-five volumes, volume 07 : $b the history of the later Roman Empire
World history
When Justinian ascended the throne, the reformation of the Roman
jurisprudence was an arduous but indispensable task. In the space of ten
centuries, the infinite variety of laws and legal opinions had filled
many thousand volumes, which no fortune could purchase and no capacity
could digest. Books could not easily be found; and the judges, poor in
the midst of riches, were reduced to the exercise of their illiterate
discretion. The subjects of the Greek provinces were ignorant of the
language that disposed of their lives and properties; and the barbarous
dialect of the Latins was imperfectly studied in the academies of Berytus
and Constantinople. As an Illyrian soldier, that idiom was familiar to
the infancy of Justinian; his youth had been instructed by the lessons
of jurisprudence, and his imperial choice selected the most learned
civilians of the East to labour with their sovereign in the work of
reformation. The theory of professors was assisted by the practice of
advocates and the experience of magistrates; and the whole undertaking
was animated by the spirit of Tribonian. This extraordinary man, the
object of so much praise and censure, was a native of Side in Pamphilia;
and his genius, like that of Bacon, embraced, as his own, all the
business and knowledge of the age.
In the first year of his reign, Justinian directed the faithful
Tribonian, and nine learned associates, to revise the ordinances of his
predecessors, as they were contained, since the time of Hadrian, 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 labours of their Roman
predecessors. The new _Code_ of Justinian was honoured with his name, and
confirmed by his royal signature; authentic transcripts were multiplied
by the pens of notaries and scribes. 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 of 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
150,000.
Public-domain text, read in full here on John Shaqi.
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