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Theodoric the Goth

Note (return) — Chapter III

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As the boy grew to manhood, the deep underlying cause of this difference perhaps became clearer to his mind. He could see more or less plainly that the soul which held all this marvellous body of civilisation together was reverence for Law. He visited perhaps some of the courts of law; he may have seen the Illustrious Prætorian Prefect, clothed in Imperial purple, move majestically to the judgment-seat, amid the obsequious salutations of the dignified officials, 25 who in their various ranks and orders surrounded the hall. The costly golden reed-case, the massive silver inkstand, the silver bowl for the petitions of suitors, all emblems of his office, were placed solemnly before him, and the pleadings began. Practised advocates arose to plead the cause of plaintiff or defendant; busy short-hand writers took notes of the proceedings; at length in calm and measured words the Prefect gave his judgment; a judgment which was necessarily based on law, which had to take account of the sayings of jurisconsults, of the stored-up wisdom of twenty generations of men; a judgment which, notwithstanding the venality which was the curse of the Empire, was in most instances in accordance with truth and justice. How different, must Theodoric often have thought, in after years, when he had returned to Gothland,--how different was this settled and orderly procedure from the usage of the barbarians. With them the "blood-feud", the "wild justice of revenge", often prolonged from generation to generation, had been long the chief righter of wrongs done; and if this was now slowly giving place to judicial trial, that trial was probably a coarse and almost lawless proceeding, in which the head man of the district, with a hundred assessors, as ignorant as himself, amid the wild cries of the opposed parties, roughly fixed the amount of blood-money to be paid by a murderer, or decided at hap-hazard, often with an obvious reference to the superior force at the command of one or other of the litigants, some obscure dispute as to the ownership of a slave or the right to succeed to a dead man's inheritance.

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