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
But in maintaining that the laws of Justinian might have been rendered
more perfect, and have been framed to confer greater benefits on
mankind, it is not to be denied that the work is one of the most
remarkable monuments of human wisdom; and we should remember with
gratitude, that for thirteen hundred years the Pandects served as the
magazine or source of legal lore, and constitution of civil rights, to
the Christian world, both in the East and in the West; and if it has
now become an instrument of administrative tyranny in the continental
monarchies of Europe, the fault is in the nations who refuse to follow
out the principles of equity logically in regulating the dispensation of
justice, and do not raise the law above the sovereign, nor render every
minister and public servant amenable to the regular tribunals for every
act he may commit in the exercise of his official duty, like the humblest
citizen.
The government of Justinian’s empire was Roman, its official language was
Latin. Oriental habits and usages, as well as time and despotic power,
had indeed introduced modifications in the old forms; but it would be an
error to consider the imperial administration as having assumed a Greek
character. The accident of the Greek language having become the ordinary
dialect in use at court, and of the church in the Eastern Empire being
deeply tinctured with Greek feelings, is apt to create an impression
that the Eastern Empire had lost something of its Roman pride, in order
to adopt a Greek character. The circumstance that its enemies often
reproached it with being Greek, is a proof that the imputation was viewed
as an insult. As the administration was entirely Roman, the laws of
Justinian--the Code, the Pandects, and the Institutions--were published
in Latin, though many of the later edicts (novels) were published in
Greek. Nothing can illustrate in a stronger manner the artificial and
anti-national position of the Eastern Roman Empire than this fact, that
the Latin language was used in the promulgation of a system of laws for
an empire, the language of whose church and literature was Greek. Latin
was preserved in official business, and in public ceremonials, from
feelings of pride connected with the ancient renown of the Romans and
the dignity of the Roman Empire. So strong is the hold which antiquated
custom maintains over the minds of men, that even a professed reformer,
like Justinian, could not break through so irrational an usage as the
publication of his laws in a language incomprehensible to most of those
for whose use they were framed.
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