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The Historians' History of the World 07 [The History of the Later Roman Empire]
- Автор: Gutenberg
- Год: 1905
- Язык: английский
- Жанр: История
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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 Many of his acts were rescinded by himself; many were rejected by his successors; many have been obliterated by time; but the number of sixteen edicts, and one hundred and sixty-eight novels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.
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.
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.
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.