Everything was done at the wrong time, and nothing that was
established was allowed to continue. To prevent my narrative being
interminable, I will merely mention a few instances, and pass over the
remainder in silence. In the first place, Justinian neither possessed
in himself the appearance of Imperial dignity, nor demanded that it
should be respected by others, but imitated the barbarians in language,
appearance, and ideas. When he had to issue an Imperial decree, he did
not intrust it to the Quaestor in the usual way, but for the most part
delivered it himself by word of mouth, although he spoke his own
language like a foreigner; or else he left it in the hands of one of
those by whom he was surrounded, so that those who had been injured by
such resolutions did not know to whom to apply. Those who were called A
Secretis,[12] and had from very ancient times fulfilled the duty of
writing the secret dispatches of the Emperor, were no longer allowed to
retain their privileges; for he himself wrote them nearly all, even the
sentences of the municipal magistrates, no one throughout the Roman
world being permitted to administer justice with a free hand. He took
everything upon himself with unreasoning arrogance, and so managed
cases that were to be decided, that, after he had heard one of the
litigants, he immediately pronounced his verdict and obliged them to
submit to it, acting in accordance with no law or principle of justice,
but being evidently overpowered by shameful greed. For the Emperor was
not ashamed to take bribes, since his avarice had deprived him of all
feelings of shame. It frequently happened that the decrees of the
Senate and the edicts of the Emperor were opposed to each other; for
the Senate was as it were but an empty shadow, without the power of
giving its vote or of keeping up its dignity; it was assembled merely
for form's sake and in order to keep up an ancient custom, for none of
its members were allowed to utter a single word. But the Emperor and
his consort took upon themselves the consideration of questions that
were to be discussed, and whatever resolutions they came to between
themselves prevailed. If he whose cause had been victorious had any
doubt as to the legality of his success, all he had to do was to make a
present of gold to the Emperor, who immediately promulgated a law
contrary to all those formerly in force. If, again, anyone else desired
the revival of the law that had been repealed, the autocrat did not
disdain to revoke the existing order of things and to reestablish it.
There was nothing stable in his authority, but the balance of justice
inclined to one side or the other, according to the weight of gold in
either scale. In the market-place there were buildings under the
management of palace officials, where traffic was carried on, not only
in judicial, but also in legislative decisions. The officers called
“Referendars” (or mediators) found it difficult to present the requests
of petitioners to the Emperor, and still more difficult to bring before
the council in the usual manner the answer proper to be made to each of
them; but, gathering together from all quarters worthless and false
testimony, they deceived Justinian, who was naturally a fit subject for
deception, by fallacious reports and misleading statements. Then,
immediately going out to the contending parties, without acquainting
them with the conversation that had taken place, they extorted from
them as much money as they required, without anyone venturing to oppose
them.
Even the soldiers of the Praetorian guard, whose duty it was to
attend the judges in the court of the palace, forced from them
whatsoever judgments they pleased. All, so to speak, abandoned their
own sphere of duty, and followed the paths that pleased them, however
difficult or untrodden they had previously been. Everything was out of
gear; offices were degraded, not even their names being preserved. In a
word, the Empire resembled a queen over boys at play. But I must pass
over the rest, as I hinted at the commencement of this work.
I will now say something about the man who first taught the Emperor
to traffic in the administration of justice. His name was Leo; he was a
native of Cilicia, and passionately eager to enrich himself. He was the
most utterly shameless of flatterers, and most apt in ingratiating
himself with the ignorant, and with the Emperor, whose folly he made
use of in order to ruin his subjects. It was this Leo who first
persuaded Justinian to barter justice for money. When this man had once
discovered these means of plunder, he never stopped. The evil spread
and reached such a height that, if anyone desired to come off
victorious in an unjust cause against an honest man, he immediately
repaired to Leo, and, promising to give half of his claim to be divided
between the latter and the Emperor, left the palace, having already
gained his cause, contrary to all principles of right and justice. In
this manner Leo acquired a vast fortune, and a great quantity of land,
and became the chief cause of the ruin of the State. There was no
longer any security in contracts, in law, in oaths, in written
documents, in any penalty agreed upon, or in any other security, unless
money had been previously given to Leo and the Emperor. Nor was even
this method certain, for Justinian would accept bribes from both
parties; and, after having drained the pockets of both of those who had
put confidence in him, he was not ashamed to cheat one or other of them
(no matter which), for, in his eyes, there was nothing disgraceful in
playing a double part, provided only that it turned out profitable for
him.
Such a man was Justinian.