Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
Justinian thereupon authorized Tribonian, then quaestor, _vir magnificus
magisteria dignitate inter agentes decoratus,_--"for great titles were
now given to the officers of the crown,"--to prepare, with the
assistance of sixteen associates, a collection of extracts from the
writings of the most eminent jurists, so as to form a body of law for
the government of the empire, with power to select and omit and alter;
and this immense work was done in three years, and published under the
title of Digest, or Pandects. Says Lord Mackenzie:
"All the judicial learning of former times was laid under contribution
by Tribonian and his colleagues. Selections from the works of
thirty-nine of the ablest lawyers, scattered over two thousand separate
treatises, were collected in one volume; and care was taken to inform
posterity that three millions of lines were abridged and reduced in
these extracts to the modest number of one hundred and fifty thousand.
Among the selected jurists only three names belonged to the age of the
republic,--the civilians who flourished under the first emperors are
seldom appealed to; so that most of the writers whose works have
contributed to the Pandects lived within a period of one hundred years.
More than a third of the whole Pandects is from Ulpian, and next to him
the principal writers are Paulus, Papinian, Salvius Julianus, Pomponius,
Q. Cervidius Scaevola, and Gaius. Though the variety of subjects is
immense, the Digest has no claims to scientific arrangement. It is a
vast cyclopedia of heterogeneous law badly arranged; everything is
there, but everything is not in its proper place."
Neither the Digest nor the Code was adapted to elementary instruction;
it was therefore necessary to prepare a treatise on the principles of
Roman law. This was intrusted to Tribonian and two professors,
Theophilus and Dorotheus. It is probable that Tribonian merely
superintended the work, which was founded chiefly on the Institutes of
Gaius, divided into four books. It has been universally admired for its
method and elegant precision. It was intended merely as an introduction
to the Pandects and the Code, and was entitled the Institutes.
The _Novels_, or _New Constitutions, of Justinian_ were subsequently
published, being the new ordinances of the Emperor and the changes he
thought proper to make, and were therefore of high authority. The Code,
Pandects, Institutes, and Novels of Justinian comprise the Roman law as
received in Europe, in the form given by the school of Bologna, and is
called the "Corpus Juris Civilis." Savigny says:--
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