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king was oppressed in the general disorder, and trampled under the feet of his own cavalry; and this important death served to explain the ambiguous prophecy of the haruspices. Attila already exulted in the confidence of victory, when the valiant Torismond descended from the hills, and verified the remainder of the prediction. The Visigoths, who had been thrown into confusion by the flight, or defection, of the Alani, gradually restored their order of battle ; and the Huns were undoubtedly vanquished, since Attila was compelled to retreat. He had exposed his person with the rashness of a private soldier ; but the intrepid troops of the centre had pushed forward beyond the rest of the line ; their attack was faintly supported; their flanks were unguarded ; and the conquerors of Scythia and Germany were saved by the approach of the night from a total defeat. They retired within the circle of waggons that fortified their camp; and the dismounted squadrons prepared themselves for a defence, to which neither their arms, nor their temper were adapted. The event was doubtful ; but Attila had secured a last and honourable resource. The saddles and rich furniture of the cavalry were collected, by his order, into a funeral pile ; and the magnanimous barbarian had resolved, if his intrenchments should be forced, to rush headlong into the flames, and to deprive his enemies of the glory which they might have acquired, by the death or captivity of Attila.

But his enemies had passed the night in equal disorder and anxiety. The inconsiderate courage of Torismond was tempted to urge the pursuit, till he unexpectedly found himself, with a few followers, in the midst of the Scythian waggons. In the confusion of a nocturnal combat, he was thrown from his horse ; and the Gothic prince must have perished like his father, if his youthful strength, and the intrepid zeal of his companions, had not rescued him from this dangerous situation. In the same manner, but on the left of the line, Ætius himself, separated from his allies, ignorant of their victory, and anxious for their fate, encountered and escaped the hostile troops that were scattered over the plains of Châlons ; and at length reached the camp of the Goths, which he could only fortify with a slight rampart of shields, till the dawn of day. The imperial general was soon satisfied of the defeat of Attila, who still remained inactive within his intrenchments; and when he contemplated the bloody scene, he observed, with secret satisfaction, that the loss had principally fallen on the barbarians. The body of Theodoric, pierced with honourable

wounds, was discovered under a heap of the slain : his subjects bewailed the death of their king and father ; but their tears were mingled with songs and acclamations, and his funeral rites were performed in the face of a vanquished enemy. The Goths, clashing their arms, elevated on a buckler his eldest son Torismond, to whom they justly ascribed the glory of their success; and the new king accepted the obligation of revenge, as a sacred portion of his paternal inheritance. Yet the Goths themselves were astonished by the fierce and undaunted aspect of their formidable antagonist; and their historian has compared Attila to a lion encompassed in his den, and threatening his hunters with redoubled fury. The kings and nations, who might have deserted his standard in the hour of distress, were made sensible, that the displeasure of their monarch was the most imminent and inevitable danger. All his instruments of martial music incessantly sounded a long and animating strain of defiance ; and the foremost troops, who advanced to the assault, were checked, or destroyed, by showers of arrows from every side of the intrenchments. It was determined, in a general council of war, to besiege the King of the Huns in his camp, to intercept his provisions, and to reduce him to the alternative of a disgraceful treaty, or an unequal combat. But the impatience of the barbarians soon disdained these cautious and dilatory measures ; and the mature policy of Ætius was apprehensive, that, after the extirpation of the Huns, the republic would be oppressed by the pride and power of the Gothic nation. The patrician exerted the superior ascendant of authority and reason, to calm the passions, which the son of Theodoric considered as a duty; represented, with seeming affection, and real truth, the dangers of absence and delay; and persuaded Torismond to disappoint, by his speedy return, the ambitious designs of his brothers, who might occupy the throne and treasures of Thoulouse. After the departure of the Goths, and the separation of the allied army, Attila was surprised at the vast silence that reigned over the plains of Châlons : the suspicion of some hostile stratagem detained him several days within the circle of his waggons; and his retreat beyond the Rhine confessed the last victory which was achieved in the name of the Western Empire.

(From the Same.)

VOL. IV

2 H

JUSTINIAN'S CODE

IF Cæsar had achieved the reformation of the Roman law, his creative genius, enlightened by reflection and study, would have given to the world a pure and original system of jurisprudence. Whatever flattery might suggest, the emperor of the East was afraid to establish his private judgment as the standard of equity : in the possession of legislative power, he borrowed the aid of time and opinion ; and his laborious compilations are guarded by the sages and legislators of past times. Instead of a statue cast in a simple mould by the hand of an artist, the works of Justinian represent a tessellated pavement, of antique and costly, but too often of incoherent, fragments. In the first year of his reign, he directed the faithful Trebonian, and nine learned associates, to revise the ordinances of his predecessors, as they were contained, since the time of Hadrian, in the Gregorian, Hermogenian, and Theodosian codes; to purge the errors and contradictions, to retrench whatever was obsolete or superfluous, and to select the wise and salutary laws best adapted to the practice of the tribunals and the use of his subjects. The work was accomplished in fourteen months ; and the twelve books or tables, which the new decemvirs produced, might be designed to imitate the labours of their Roman predecessors. The new code of Justinian was honoured with his name, and confirmed by his royal signature : authentic transcripts were multiplied by the pens of notaries and scribes ; they were transmitted to the magistrates of the European, the Asiatic, and afterward, the African provinces : and the law of the empire was proclaimed on solemn festivals on the doors of churches. A more arduous operation was still behind : to extract the spirit of jurisprudence from the decisions and conjectures, the questions and disputes, of the Roman civilians. Seventeen lawyers, with Tribonian at their head, were appointed by the Emperor to exercise an absolute jurisdiction over the works of their predecessors. If they had obeyed his commands in ten years, Justinian would have been satisfied with their diligence ; and the rapid composition of the Digest of Pandects, in three years, will deserve praise or censure, according to the merit of the composition. From the library of Tribonian, they chose forty, the most eminent civilians of former times; two thousand

treatises were comprised in an abridgement of fifty books; and it has been carefully recorded, that three millions of lines or sentences were reduced, in this abstract, to the moderate 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 labours, 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 in 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 Hadrian, and the narrow distinction of Paganism and Christianity, introduced by the superstition of Theodorus, 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 Cæsars are seldom permitted to speak, and only three names can be attributed to the age of the republic. The favourite 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 Scævolas, 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 foreign tongue, and jurisprudence as a lucrative profession. But the ministers of Justinian were instructed to labour, not for the curiosity of antiquarians, but for the immediate benefit of his subjects. It was their duty to select the useful and practicable parts of the Roman law; and the writings of the old republicans, however curious or excellent, were no longer suited to the new system of manners, religion, and government. Perhaps, if the preceptors and friends of Cicero were still alive, our candour would acknowledge that, except in purity of language, their intrinsic merit was excelled by the school of Papinian and Ulpian. The science of the laws is the slow growth of time and experience, and the advantage both of method and materials is naturally assumed by the most recent authors. The civilians of the reign of the Antonines had studied the works of their predecessors : their philosophic spirit had mitigated the rigour of antiquity, simplified the forms of proceeding, and emerged from the jealousy and prejudice of the rival sects. The choice of the authorities that compose the Pandects, depended on the judgment of Tribonian ; but the power of his sovereign could not absolve him from the sacred obligations of truth and fidelity. As the legislator of the Empire, Justinian might repeal the acts of the Antonines, or condemn as seditious the free principles which were maintained by the last of the Roman lawyers. But the existence of past facts is placed beyond the reach of despotism ; and the Emperor was guilty of fraud and forgery, when he corrupted the integrity of their text, inscribed with their venerable names the words and ideas of his servile reign, and suppressed by the hand of power the pure and authentic copies of their sentiments. The changes and interpolations of Tribonian and his colleagues are excused by the pretence of uniformity ; but their cares have been insufficient, and the antinomies, or contradictions of the Code and Pandects, still exercise the patience and subtlety of modern civilians.

(From the Same.)

THE MOSLEM CAPTURE OF ALEPPO AND

ANTIOCH

To achieve what yet remained of the Syrian war, the caliph had formed two separate armies ; a chosen detachment, under Amrou

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