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 laws and legislation of Justinian throw only an indistinct and vague
light on the state of the Greek population. They were drawn entirely from
Roman sources, calculated for a Roman state of society, and occupied with
Roman forms and institutions. Justinian was so anxious to preserve them
in all their purity that he adopted two measures to secure them from
alteration. The copyists were commanded to refrain from any abridgment,
and the commentators were ordered to follow the literal sense of the
laws. All schools of law were likewise forbidden, except those of
Constantinople, Rome, and Berytus, a regulation which must have been
adopted to guard the Roman law from being corrupted by falling into the
hands of Greek teachers, and becoming confounded with the customary law
of the various Greek provinces. This restriction, and the importance
attached to it by the emperor, prove that the Roman law was now the
universal rule of conduct in the empire.
Justinian took every measure which prudence could dictate to secure
the best and purest legal instruction and administration for the Roman
tribunals; but only a small number of students could study in the
licensed schools, and Rome, one of these schools, was, at the time of the
publication of the law, in the hands of the Goths. It is therefore not
surprising that a rapid decline in the knowledge of Roman law commenced
very shortly after the promulgation of Justinian’s legislation.
Justinian’s laws were soon translated into Greek without the emperor’s
requiring that these paraphrases should be literal; and Greek
commentaries of an explanatory nature were published. His novels were
subsequently published in Greek when the case required it; but it is
evident that any remains of Greek laws and customs were rapidly yielding
to the superior system of Roman legislation, perfected as this was by
the judicious labours of Justinian’s councillors. Some modifications
were made in the jurisdiction of the judges and municipal magistrates at
this time; and we must admit the testimony of Procopius as a proof that
Justinian sold judicial offices, though the vagueness of the accusation
does not afford us the means of ascertaining under what pretext the
change in the earlier system was adopted. It is perhaps impossible
to determine what share of authority the Greek municipal magistrates
retained in the administration of justice and police, after the reforms
effected by Justinian in their financial affairs, and the seizure of a
large part of their local revenues. The existence of Greek corporations
in Italy shows that they possessed an acknowledged existence in the Roman
Empire.[b]
BURY’S ESTIMATE OF JUSTINIAN
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