Inasmuch as Justinian’s brief reconquest of western portions of the Roman
Empire did not extend north of the Alps, his codification was not
promulgated in Gaul or Germany. Even in Italy his legislation did not
maintain itself in general dominance, especially in the north where the
Lombard law narrowed its application. Moreover, throughout the peninsula,
the _Pandects_ quickly became as if they were not, and fell into
desuetude, if that can be said of a work which had not come into use. This
body of jurisprudential law was beyond the legal sense of those
monarchically-minded and barbarizing centuries, which knew law only as the
command of a royal lawgiver. The _Codex_ and the _Novellae_ were of this
nature. They, and not the _Digest_, represent the influence upon Italy of
Justinian’s legislation until the renewed interest in jurisprudence
brought the _Pandects_ to the front at the close of the eleventh century.
But _Codex_ and _Novellae_ were too bulky for a period that needed to have
its intellectual labours made easy. From the first, the _Novellae_ were
chiefly known and used in the condensed form given them in the excellent
_Epitome of Julianus_, apparently a Byzantine of the last part of
Justinian’s reign.[360] The cutting down and epitomizing of the _Codex_ is
more obscure; probably it began at once; the incomplete or condensed forms
were those in common use.[361]
It is, however, with the Theodosian Code and certain survivals of the
works of the great jurists that we have immediately to do. For these were
the sources of the codes enacted by Gothic and Burgundian kings for their
Roman or Gallo-Roman subjects. Apparently the earliest of them was
prepared soon after the year 502, at the command of Gondebaud, King of the
Burgundians. This, which later was dubbed the _Papianus_,[362] was the
work of a skilled Roman lawyer, and seems quite as much a text-book as a
code. It set forth the law of the topics important for the Roman
provincials living in the Burgundian kingdom, not merely making extracts
from its sources, but stating their contents and referring to them as
authorities. These sources were substantially the same as those used by
the Visigothic _Breviarium_, which was soon to supersede the _Papianus_
even in Burgundy.
Public-domain text, read in full here on John Shaqi.
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