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
merit was excelled by the school of Papinian and Ulpian. The science of
the laws is the slow growth of time and experience, and the advantage
both of method and materials is naturally assumed by the most recent
authors. The civilians of the reign of the Antonines had studied the
works of their predecessors: their philosophic spirit had mitigated the
rigour of antiquity, simplified the forms of proceeding, and emerged
from the jealousy and prejudice of the rival sects. The choice of the
authorities that compose the _Pandects_ depended on the judgment of
Tribonian; but the power of his sovereign could not absolve him from
the sacred obligations of truth and fidelity. As the legislator of the
empire, Justinian might repeal the acts of the Antonines, or condemn as
seditious the free principles which were maintained by the last of the
Roman lawyers. But the existence of past facts is placed beyond the reach
of despotism; and the emperor was guilty of fraud and forgery when he
corrupted the integrity of their text, inscribed with their venerable
names the words and ideas of his servile reign, and suppressed by the
hand of power the pure and authentic copies of their sentiments. The
changes and interpolations of Tribonian and his colleagues are excused by
the pretence of uniformity: but their cares have been insufficient, and
the antinomies, or contradictions, of the _Code_ and _Pandects_ still
exercise the patience and subtlety of modern civilians.
But the emperor was unable to fix his own inconstancy; and while he
boasted of renewing the exchange of Diomede, of transmuting brass into
gold, he discovered the necessity of purifying his gold from the mixture
of baser alloy. Six years had not elapsed from the publication of the
_Code_, before he condemned the imperfect attempt by a new and more
accurate edition of the same work, which he enriched with two hundred
of his own laws, and fifty decisions of the darkest and most intricate
points of jurisprudence. Every year, or according to Procopius each day,
of his long reign, was marked by some legal innovation. Many of his acts
were rescinded by himself; many were rejected by his successors; many
have been obliterated by time; but the number of sixteen edicts, and one
hundred and sixty-eight novels has been admitted into the authentic body
of the civil jurisprudence. In the opinion of a philosopher superior to
the prejudices of his profession, these incessant, and for the most part
trifling, alterations, can be only explained by the venal spirit of a
prince who sold without shame his judgments and his laws.
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