Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
But under the emperors
the lawyers were chiefly distinguished for their legal attainments, like
Paulus and Ulpian.
During this golden age of Roman jurisprudence many commentaries were
written on the Twelve Tables, the Perpetual Edict, the Laws of the
People, and the Decrees of the senate, as well as a vast mass of
treatises on every department of the law, most of which have perished.
The Institutes of Gaius, already mentioned, are the most valuable that
remain, and have thrown great light on some important branches
previously involved in obscurity. Their use in explaining the Institutes
of Justinian is spoken of very highly by Mackenzie, since the latter are
mainly founded on the long-lost work of Gaius. The great lawyers who
flourished from Trajan to Alexander Severus, like Gaius, Ulpian, Paulus,
Papinian, and Modestinus, had no successors who can be compared with
them, and their works became standard authorities in the courts of law.
After the death of Alexander Severus, 235 A.D., no great accession was
made to Roman law until Theodosius II., 438 A.D., caused the
constitutions, from Constantine to his own time, to be collected and
arranged in sixteen books. This was called the Theodosian Code, which
in the West was held in high esteem. It was very influential among the
Germanic nations, serving as the chief basis of their early legislation;
it also paved the way for the more complete codification that followed
in the Justinian Code, which superseded it.
To Justinian belongs the immortal glory of reforming the jurisprudence
of the Romans. "In the space of ten centuries," says Gibbon, "the
infinite variety of laws and legal opinions had filled many thousand
volumes, which no fortune could purchase, and no capacity could digest.
Books could not easily be found, and the judges, poor in the midst of
riches, were reduced to the exercise of their illiterate discretion."
The emperors had very early begun to issue ordinances, under the
authority of the various offices gathered into their hands; and these,
together with the answers to appeals from the lower courts made to the
emperors directly, or to the sort of supreme court which they
established, were called _imperial constitutions_ and _rescripts_.
Justinian determined to unite in one body all the rules of law, whatever
may have been their origin; and in the year 528 appointed ten
jurisconsults, among whom was the celebrated Tribonian, to select and
arrange the imperial constitutions and rescripts, leaving out what was
obsolete or useless or contradictory, and to make such alterations as
the circumstances required. This was called the _Code_, divided into
twelve books, and comprising the constitutions from Hadrian to
Justinian. It was published in fourteen months after it was undertaken.
Public-domain text, read in full here on John Shaqi.
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