The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
Justinian 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 seventeen 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. "All the judicial learning of former times," says Lord
Mackenzie, "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; every thing is there, but every thing
is not in its proper place." [Footnote: Mackenzie, p. 25.]
[Sidenote: The Institutes.]
But neither the Digest nor the Code was adapted to elementary
instruction. It was necessary to prepare a treatise on the principles of
Roman law. This was entrusted 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
Gains, and was divided into four books, and has been universally admired
for its method and elegant precision. It was intended merely as an
introduction to the Pandects and the Code.
[Sidenote: The Novels of Justinian.]
The _Novels of Justinian_ were subsequently published, being the
new ordinances of the emperor, and the changes he thought proper to
make, and are therefore a high authority.
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