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.
A rumor devoid of evidence has been propagated by the enemies of
Justinian, that the jurisprudence of ancient Rome was reduced to ashes
by the author of the _Pandects_, from the vain persuasion that it was
now either false or superfluous.
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