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
Monarchs seldom condescend to become the preceptors of their subjects;
and some praise is due to Justinian, by whose command an ample system was
reduced to a short and elementary treatise. Among the various institutes
of the Roman law, those of Caius were the most popular in the East and
West; and their use may be considered as an evidence of their merit.
They were selected by the imperial delegates, Tribonian, Theophilus, and
Dorotheus; and the freedom and purity of the Antonines was encrusted
with the coarser materials of a degenerate age. The same volume which
introduced the youth of Rome, Constantinople, and Berytus to the gradual
study of the _Code_ and _Pandects_, is still precious to the historian,
the philosopher, and the magistrate. The _Institutions_ of Justinian are
divided into four books: they proceed, with no contemptible method, from
Persons to Things, and from Things to Actions; and the article of Private
Wrongs is terminated by the principles of Criminal Law.[c]
The faults or merits of Justinian’s system of laws belong to the lawyers
entrusted with the execution of his project, but the honour of having
commanded this work may be ascribed to the emperor alone. It is to be
regretted that the position of an absolute sovereign is so liable to
temptation from passing events, that Justinian himself could not refrain
from injuring the surest monument of his fame, by later enactments,
which mark too clearly that they emanated either from his own increasing
avarice, or from weakness in yielding to the passions of his wife or
courtiers.
It could not be expected that his political sagacity should have devised
the means of securing the rights of his subjects against the arbitrary
exercise of his own power; but he might have consecrated the great
principle of equity, that legislation can never act as a retrospective
decision; and he might have ordered his magistrates to adopt the oath
of the Egyptian judges, who swore, when they entered an office, that
they would never depart from the principles of equity (law), and that if
the sovereign ordered them to do wrong, they would not obey. Justinian,
however, was too much of a despot, and too little of a statesman, to
proclaim the law, even while retaining the legislative power in his
person, to be superior to the executive branch of the government.
Public-domain text, read in full here on John Shaqi.
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