In the fifth century there are indications of considerable interest. And this is what we should expect. For the publication of the Theodosian Code in 438 made the study of law more accessible, and tended to eliminate the superstitious and the sacramental element in it. So Fauriel says that jurisprudence attracted more men of distinction then than in previous centuries.[478] Sidonius mentions particularly the learned Leo of Narbonne who was more learned in the Twelve Tables than Appius Claudius himself,[479] and he calls Marcellinus ‘skilled in laws’.[480]
Arles, the seat of the prefect of the Gauls and of the emperor, naturally became a centre for the study of Roman law. It was there that Petronius[481] practised his profession.
It appears, however, that while the Gauls were famed for legal knowledge and ability, Rome was still regarded as the school of jurisprudence. It is not mere rhetoric when Symmachus calls Rome ‘Latiaris facundiae domicilium’,[482] and Sidonius ‘Domicilium legum’.[483] Rutilius extols Rome with unaffected enthusiasm for her law: ‘Thou hast also embraced the world with thy law-bringing triumphs and makest all to live by a common bond.’[484]
The belief in Rome’s eternal sway[485] is for him connected chiefly with her law. ‘Stretch forth thy laws that are destined to live into the Roman ages, and do thou alone unafraid regard the distaff of the Fates,’[486] and poetic vision is aided by the lawyer’s foresight.[487] He tells of a Gaul, Palladius, who went to study law at Rome:
Facundus iuvenis Gallorum nuper ab arvis
missus Romani discere iura fori.[488]
And we are told that St. Germanus who, according to the life claimed to be by his pupil Constantius, was born at Auxerre towards the end of the fourth century, had a similar training. To set the crown upon his literary education in Gaul he went to study law at Rome.[489] Rome, in fact, maintained her supremacy in this branch longer than in any other, and her professors attracted students from all parts of the Empire.[490]
The connexion between jurisprudence and imperial matters is clear. For a study of Rome’s great contribution to the world could not but stimulate admiration for the imperial city. By examining the law, the provincial realized more clearly the advantage of the pax Romana. One of the panegyrists[491] declared to Maximian in 293 ‘iustitia cognitione iuris addiscitur’,[492] and it is clear that his appreciation of the moral benefits of Roman order is more than mere rhetoric. Perhaps Rome’s rulers perceived this, and made it their policy (as Jung[493] suggests) to attract students of law to Rome, that they might see things from Rome’s point of view, and facilitate the government of the provinces by applying the law according to the Roman tradition. For as the Empire had grown and its administration increased, there had arisen a need for officials who would carry out the law with ability and uniformity; and complete uniformity could only be attained by a knowledge of law seen as the Roman saw it.[494]
Justinian, in the preface to the Digest which he addresses to the teachers of law in the Empire, reviews the study of jurisprudence in the past. It was hopelessly deficient. Only six books were studied and those intricate, confused, and partly obsolete (iura utilia in se perraro habentes). Among the six books were the Institutes of Gaius, but they were not consecutively studied, many parts being omitted as superfluous. The teaching, in fact, was entirely haphazard; Gaius was given to the first-year students, ‘passim et quasi per saturam collectum et utile cum inutilibus mixtum’. Only in their second year did they learn the first part of the Institutes, and it was an unheard of thing to go into details. They also learnt certain ‘tituli’, and more of these in their third year, when they were initiated into the ‘responsa’ of the great Papinianus (ad sublimissimum Papinianum eiusque responsa iter eis aperiebatur). But here, too, their training was imperfect, as they only read eight books. The students read the ‘Pauliana responsa’ for themselves in a slipshod fashion (per imperfectum, et iam quodammodo male consuetum inconsequentiae cursum). This was the end of their theoretical training throughout ancient times. Justinian is resolved that there shall be an improvement and proceeds to outline a scheme by which the youth of the future may be better instructed. This syllabus, however, lies beyond the limits of our period.
The emperor is at pains to kindle enthusiasm for jurisprudence. He exhorts the students to exert all diligence, so that on the completion of their studies the glorious hope of governing the Empire may be theirs.[495] For, as Gibbon remarks, ‘all the civil magistrates were drawn from the profession of the law.’[496] Antecessores[497] or lecturing lawyers were appointed throughout the Empire, and the places where they taught were called ‘stationes’.[498] The course, at any rate in the time of Justinian, lasted five years (Constitution, ‘Omnem Reipublicae’, § 5). Learned lawyers like Antistius Labeo under Augustus lectured for six months and devoted six months to writing.[499] When the students dispersed themselves through the provinces there was no lack of opportunity to practise their profession. The court of the Praetorian prefect of the East alone required the services of one hundred and fifty advocates,[500] and the rewards so liberally promised by Justinian for the ‘laudabile vitaeque hominum necessarium advocationis officium’[501] must have created a vast interest in the study of law.