The codification of Justinian began with the promulgation of the _Codex_
in 529. That was intended to be a compilation of the constitutions
contained in the previous codes and still in force, as well as those which
had been decreed since the time of Theodosius. The compilers received
authority to omit, abbreviate, and supplement. The _Codex_ was revised and
promulgated anew in 534. The constitutions which were decreed during the
remainder of Justinian’s long reign were collected after his death and
published as _Novellae_. So far there was nothing radically novel. But,
under Justinian, life and art seemed to have revived in the East; and
Tribonian, with the others who assisted in these labours, had larger views
of legal reform and jurisprudential conservation than the men who worked
for Theodosius. Justinian and his coadjutors had also serious plans for
improving the teaching of the law, in the furtherance of which the famous
little book of _Institutes_ was composed after the model, and to some
extent in the words, of the _Institutes_ of Gaius. It was published in
533.
The great labour, however, which Justinian and his lawyers were as by
Providence inspired to achieve was the encyclopaedic codification of the
jurisprudential law. Part of the emperor’s high-sounding command runs
thus:
“We therefore command you to read and sift out from the books
pertaining to the _jus Romanum_ composed by the ancient learned
jurists (_antiqui prudentes_) to whom the most sacred emperors granted
authority to indite and interpret the laws, so that the material may
all be taken from these writers, and incongruity avoided--for others
have written books which have been neither used nor recognized. When
by the favour of the Deity this material shall have been collected, it
should be reared with toil most beautiful, and consecrated as the own
and most holy temple of justice, and the whole law (_totum jus_)
should be arranged in fifty books under specific titles.”[358]
The language of the ancient jurists was to be preserved even critically,
that is to say, the compilers were directed to emend apparent errors and
restore what seemed “verum et optimum et quasi ab initio scriptum.” It was
not the least of the providential mercies connected with the compilation
of this great body of jurisprudential law, that Justinian and his
commission did not abandon the phrasing of the old jurisconsults, and
restate their opinions in such language as we have a sample of in the
constitution from which the above extract is taken. This jurisprudential
part of Justinian’s Codification was named the _Digest_ or
_Pandects_.[359]
Public-domain text, read in full here on John Shaqi.
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