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The Ten Commandments seem to be the foundation of the subsequent and more minute code which Moses gave to the Jews; and it is interesting to see how its great principles have entered, more or less, into the laws of Christian nations from the decline of the Roman Empire, into the Theodosian code, the laws of Charlemagne, of Ina, of Alfred, and especially into the institutions of the Puritans, and of all other sects and parties wherever the Bible is studied and revered.
In the first year of his reign he directed the faithful Tribonian and nine learned associates to revise the ordinances of his predecessors, as they were contained, since the time of Adrian, 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 emperors still continued to exercise a supreme jurisdiction over the ecclesiastical order, and the sixteenth book of the Theodosian code represents, under a variety of titles, the authority which they assumed in the government of the Catholic church.
While we cannot discover, either in the Acts of the Council of Nicæa or in the Theodosian Code, compiled more than a century later, any recognition of the supreme headship of the Bishop of Rome, there is little doubt that he and his flock had almost from the very first enjoyed a leading place among the Christian communities.
Nor can we pretend to know much more about the size and character of the estates which corresponded to the country-houses and farms of which remains survive. The 'villa' system of demesne farms and serfs or coloni which obtained elsewhere was doubtless familiar in Britain; indeed, the Theodosian Code definitely refers to British coloni.
In the pursuit of any remarkable institution, we may be frequently led into the more early or the more recent times of the Roman history; but the proper limits of this inquiry will be included within a period of about one hundred and thirty years, from the accession of Constantine to the publication of the Theodosian code; from which, as well as from the Notitia * of the East and West, we derive the most copious and authentic information of the state of the empire.
The state owes them nothing; those only are entitled to favour, who qualify themselves for serving and illustrating their country by their talents and their merits." The civil law then consisted of the Theodosian code, the Salic, Ripuarian, Allemannic, Bavarian, Burgundian, and other codes; and of the formularies of Angesise and Marculfus. To these Charlemagne added his own capitularies.
Leo returned from his interview with the pirate Genseric in the year 455. In that fatal year the Theodosian house became extinct in the West so far as government was concerned.
We have seen how Constantine first made Christianity legal, and how his successors worked in the interest of the new religion; how carefully the Theodosian Code safeguarded the Church and the Christian clergy, and how harshly those were treated who ventured to hold another view of Christianity from that sanctioned by the government.
From a law of the emperor Constans, inserted in the Theodosian code, it appears that some of the ships which came from Spain to Rome were freighted for the service of the state; and these are particularly regulated and privileged in this law.
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