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
The edition of this great work was delayed a month after that
of the _Institutions_; and it seemed reasonable that the elements should
precede the digest of the Roman law. As soon as the emperor had approved
their labours, 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 _Institutions_ were declared to be the legitimate
system of civil jurisprudence; they alone were admitted in 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.
Since the emperor declined the fame and envy of original composition,
we can only require at his hands method, choice, and fidelity, the
humble, though indispensable, virtues of a compiler. Among the various
combinations of ideas, it is difficult to assign any reasonable
preference; but as the order of Justinian is different in his three
works, it is possible that all may be wrong; and it is certain that
two cannot be right. In the selection of ancient laws, he seems to
have viewed his predecessors without jealousy, and with equal regard:
the series could not ascend above the reign of Hadrian, and the narrow
distinction of paganism and Christianity, introduced by the superstition
of Theodosius, had been abolished by the consent of mankind. But the
jurisprudence of the _Pandects_ is circumscribed within a period of
a hundred years, from the perpetual edict to the death of Severus
Alexander: the civilians who lived under the first Cæsars are seldom
permitted to speak, and only three names can be attributed to the age of
the republic. The favourite of Justinian (it has been fiercely urged)
was fearful of encountering the light of freedom and the gravity of
Roman sages. Tribonian condemned to oblivion the genuine and native
wisdom of Cato, the Scævolas, and Sulpicius; while he invoked spirits
more congenial to his own, the Syrians, Greeks, and Africans, who
flocked to the imperial court to study Latin as a foreign tongue, and
jurisprudence as a lucrative profession. But the ministers of Justinian
were instructed to labour, not for the curiosity of antiquarians, but
for the immediate benefit of his subjects. It was their duty to select
the useful and practicable parts of the Roman law; and the writings
of the old republicans, however curious or excellent, were no longer
suited to the new system of manners, religion, and government. Perhaps,
if the preceptors and friends of Cicero were still alive, our candour
would acknowledge that, except in purity of language, their intrinsic
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