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The History of the Decline and Fall of the Roman Empire - Edward Gibbon [475]

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interest was concerned, or his affections were engaged, the strictest regulations were established, to exclude any person, without the special dispensation of the emperor, from the government of the province where he was born; ^115 and to prohibit the governor or his son from contracting marriage with a native, or an inhabitant; ^116 or from purchasing slaves, lands, or houses, within the extent of his jurisdiction. ^117 Notwithstanding these rigorous precautions, the emperor Constantine, after a reign of twenty-five years, still deplores the venal and oppressive administration of justice, and expresses the warmest indignation that the audience of the judge, his despatch of business, his seasonable delays, and his final sentence, were publicly sold, either by himself or by the officers of his court. The continuance, and perhaps the impunity, of these crimes, is attested by the repetition of impotent laws and ineffectual menaces. ^118

[Footnote 113: Among the works of the celebrated Ulpian, there was one in ten books, concerning the office of a proconsul, whose duties in the most essential articles were the same as those of an ordinary governor of a province.]

[Footnote 114: The presidents, or consulars, could impose only two ounces; the vice-praefects, three; the proconsuls, count of the east, and praefect of Egypt, six. See Heineccii Jur. Civil. tom. i. p. 75. Pandect. l. xlviii. tit. xix. n. 8. Cod. Justinian. l. i. tit. liv. leg. 4, 6.]

[Footnote 115: Ut nulli patriae suae administratio sine speciali principis permissu permittatur. Cod. Justinian. l. i. tit. xli. This law was first enacted by the emperor Marcus, after the rebellion of Cassius. (Dion. l. lxxi.) The same regulation is observed in China, with equal strictness, and with equal effect.]

[Footnote 116: Pandect. l. xxiii. tit. ii. n. 38, 57, 63.]

[Footnote 117: In jure continetur, ne quis in administratione constitutus aliquid compararet. Cod. Theod. l. viii. tit. xv. leg. l. This maxim of common law was enforced by a series of edicts (see the remainder of the title) from Constantine to Justin. From this prohibition, which is extended to the meanest officers of the governor, they except only clothes and provisions. The purchase within five years may be recovered; after which on information, it devolves to the treasury.]

[Footnote 118: Cessent rapaces jam nunc officialium manus; cessent, inquam nam si moniti non cessaverint, gladiis praecidentur, &c. Cod. Theod. l. i. tit. vii. leg. l. Zeno enacted that all governors should remain in the province, to answer any accusations, fifty days after the expiration of their power. Cod Justinian. l. ii. tit. xlix. leg. l.]

All the civil magistrates were drawn from the profession of the law. The celebrated Institutes of Justinian are addressed to the youth of his dominions, who had devoted themselves to the study of Roman jurisprudence; and the sovereign condescends to animate their diligence, by the assurance that their skill and ability would in time be rewarded by an adequate share in the government of the republic. ^119 The rudiments of this lucrative science were taught in all the considerable cities of the east and west; but the most famous school was that of Berytus, ^120 on the coast of Phoenicia; which flourished above three centuries from the time of Alexander Severus, the author perhaps of an institution so advantageous to his native country. After a regular course of education, which lasted five years, the students dispersed themselves through the provinces, in search of fortune and honors; nor could they want an inexhaustible supply of business in a great empire already corrupted by the multiplicity of laws, of arts, and of vices. The court of the Praetorian praefect of the east could alone furnish employment for one hundred and fifty advocates, sixty-four of whom were distinguished by peculiar privileges, and two were annually chosen, with a salary of sixty pounds of gold, to defend the causes of the treasury. The first experiment was made of their judicial talents, by appointing

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