ate number of one hundred and fifty thousand.
The edition of this great work was delayed a month after that of the
Institutes; and it seemed reasonable that the elements should precede
the digest of the Roman law. As soon as the emperor had approved their
labors, he ratified, by his legislative power, the speculations of
these private citizens: their commentaries, on the twelve tables, the
perpetual edict, the laws of the people, and the decrees of the senate,
succeeded to the authority of the text; and the text was abandoned, as
a useless, though venerable, relic of antiquity. The _Code_, the
_Pandects_, and the _Institutes_, were declared to be the legitimate
system of civil jurisprudence; they alone were admitted into the
tribunals, and they alone were taught in the academies of Rome,
Constantinople, and Berytus. Justinian addressed to the senate and
provinces his _eternal oracles_; and his pride, under the mask of
piety, ascribed the consummation of this great design to the support and
inspiration of the Deity.
Since the emperor declined the fame and envy of original composition, we
can only require, at his hands, method choice, and fidelity, the
humble, though indispensable, virtues of a compiler. Among the various
combinations of ideas, it is difficult to assign any reasonable
preference; but as the order of Justinian is different in his three
works, it is possible that all may be wrong; and it is certain that
two cannot be right. In the selection of ancient laws, he seems to have
viewed his predecessors without jealousy, and with equal regard: the
series could not ascend above the reign of Adrian, and the narrow
distinction of Paganism and Christianity, introduced by the superstition
of Theodosius, had been abolished by the consent of mankind. But the
jurisprudence of the Pandects is circumscribed within a period of
a hundred years, from the perpetual edict to the death of Severus
Alexander: the civilians who lived under the first Caesars are seldom
permitted to speak, and only three names can be attributed to the age of
the republic. The favorite of Justinian (it has been fiercely urged) was
fearful of encountering the light of freedom and the gravity of Roman
sages. Tribonian condemned to oblivion the genuine and native wisdom
of Cato, the Scaevolas, and Sulpicius; while he invoked spirits more
congenial to his own, the Syrians, Greeks, and Africans, who flocked to
the Imperial court to study Latin as a foreig
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