General History for Colleges and High Schools

by P. V. N. Myers

THE REVIVAL OF THE ROMAN LAW.—Now the barbarian law-system, if such it can be called, the character of which we have simply suggested by the preceding illustrations, gradually displaced the Roman law in all those countries where the two systems at first existed alongside each other, save in Italy and Southern France, where the provincials greatly outnumbered the invaders. But the admirable jurisprudence of Rome was bound to assert its superiority. About the close of the eleventh century, there was a great revival in the study of the Roman law as embodied in the Corpus Juris Civilis of Justinian (see p. 358), and in the course of a century or two this became either the groundwork or a strong modifying element in the jurisprudence of almost all the peoples of Europe.

What took place may be illustrated by reference to the fate of the Teutonic languages in Gaul, Italy, and Spain. As the barbarian tongues, after maintaining a place in those countries for two or three centuries, at length gave place to the superior Latin, which became the basis of the new Romance languages, so now in the domain of law the barbarian maxims and customs, though holding their place more persistently, likewise finally give way, almost everywhere and in a greater or less degree, to the more excellent law-system of the empire. Rome must fulfil her destiny and give laws to the nations.

CHAPTER XXXV.

THE ROMAN EMPIRE IN THE EAST.

THE REIGN OF JUSTINIAN (A.D. 527-565).—During the fifty years immediately following the fall of Rome, the Eastern emperors struggled hard and doubtfully to withstand the waves of the barbarian inundation which constantly threatened to overwhelm Constantinople with the same awful calamities that had befallen the imperial city of the West. Had the new Rome—the destined refuge for a thousand years of Græco-Roman learning and culture—also gone down at this time before the storm, the loss to the cause of civilization would have been incalculable.

Fortunately, in the year 527, there ascended the Eastern throne a prince of unusual ability, to whom fortune gave a general of such rare genius that his name has been allotted a place in the short list of the great commanders of the world. Justinian was the name of the prince, and Belisarius that of the soldier. The sovereign has given name to the period, which is called after him the "Era of Justinian."

It will be recalled that it was during this reign that Africa was recovered from the Vandals and Italy from the Goths (see p. 372). These conquests brought once more within the boundaries of the empire some of the fairest lands of the West.

But that which has given Justinian's reign a greater distinction than any conferred upon it by brilliant military achievements, is the collection and publication, under the imperial direction, of the Corpus Juris Civilis, or "Body of the Roman Law." This work is the most precious legacy of Rome to the modern world. In causing its publication, Justinian earned the title of "The Lawgiver of Civilization" (see p. 358).

In the midst of this brilliant reign an awful pestilence, bred probably in Egypt, fell upon the empire, and did not cease its ravages until about fifty years afterwards. This plague was the most terrible scourge of which history has any knowledge, save perhaps the so called Black Death, which afflicted Europe in the fourteenth century. The number of victims of the plague has been estimated at 100,000,000.

THE REIGN OF HERACLIUS (A.D. 610-641).—For half a century after the death of Justinian, the annals of the Byzantine empire are unimportant. Then we reach the reign of Heraclius, a prince about whose worthy name gather matters of significance in world-history.