HKB
maze of expense, of delay, and of disappointment; from whence, after a tedious series of years, they were at length dismissed, when their patience and fortune were almost exhausted. 123
119 (return) [ Summâ igitur ope, et alacri studio has leges nostras accipite; et vosmetipsos sic eruditos ostendite, ut spes vos pulcherrima foveat; toto legitimo opere perfecto, posse etiam nostram rempublicam in par tibus ejus vobis credendis gubernari. Justinian in proem. Institutionum.]
120 (return) [ The splendor of the school of Berytus, which preserved in the east the language and jurisprudence of the Romans, may be computed to have lasted from the third to the middle of the sixth century Heinecc. Jur. Rom. Hist. p. 351-356.]
121 (return) [ As in a former period I have traced the civil and military promotion of Pertinax, I shall here insert the civil honors of Mallius Theodorus. 1. He was distinguished by his eloquence, while he pleaded as an advocate in the court of the Prætorian præfect. 2. He governed one of the provinces of Africa, either as president or consular, and deserved, by his administration, the honor of a brass statue. 3. He was appointed vicar, or vice-præfect, of Macedonia. 4. Quæstor. 5. Count of the sacred largesses. 6. Prætorian præfect of the Gauls; whilst he might yet be represented as a young man. 7. After a retreat, perhaps a disgrace of many years, which Mallius (confounded by some critics with the poet Manilius; see Fabricius Bibliothec. Latin. Edit. Ernest. tom. i.c. 18, p. 501) employed in the study of the Grecian philosophy he was named Prætorian præfect of Italy, in the year 397. 8. While he still exercised that great office, he was created, it the year 399, consul for the West; and his name, on account of the infamy of his colleague, the eunuch Eutropius, often stands alone in the Fasti. 9. In the year 408, Mallius was appointed a second time Prætorian præfect of Italy. Even in the venal panegyric of Claudian, we may discover the merit of Mallius Theodorus, who, by a rare felicity, was the intimate friend, both of Symmachus and of St. Augustin. See Tillemont, Hist. des Emp. tom. v. p. 1110-1114.]
122 (return) [ Mamertinus in Panegyr. Vet. xi. [x.] 20. Asterius apud Photium, p. 1500.]
123 (return) [ The curious passage of Ammianus, (l. xxx. c. 4,) in which he paints the manners of contemporary lawyers, affords a strange mixture of sound sense, false rhetoric, and extravagant satire. Godefroy (Prolegom. ad. Cod. Theod. c. i. p. 185) supports the historian by similar complaints and authentic facts. In the fourth century, many camels might have been laden with law-books. Eunapius in Vit. Ædesii, p. 72.]