Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

302 CODEX. CODEX.
Justinian hiniself. The instructions' given to the following books of the Code, the ninth ilrcluded,
commissioners empowered them to omit unneces correspond respectively, in a general way, to the
sary preambles, repetitions, contradictions, and following parts of the Digest. Some of the conobsolete matter; to express the laws to be derived stitutions which were in the first edition of the
from the sources above mentioned in brief lan- Code, and are referred to in the Institutiones, have
guage, and to place them under appropriate titles; been omitted in the second edition. (Instit. 2. tit.
to add to, take from, or vary, the words of the old 20. s. 27; 4. tit. 6. s. 24.) Several constitutions,
constitutions, when it might be necessary; but to which have also been lost in the course of time,
retain the order of time in the several constitutions, have been restored by Charondas, Cujacius, and
by preserving the dates and the consuls' names, Contius, from the Greek version of them. (Zimand also by arranging them under their several mern, &c.; Hugo, Lehrbuch der Geschichte des Ront.
titles in the order of time. The collection was to Recetds, &c.; Bicking, JInstitutionen.) [G. L.]
include rescripts and edicts, as well as constitu- CODEX THEODOSIA'NUS. In the year
tiones properly so called. Fourteen months after 429, Theodosius IT., commonly called Theodosius
the date of the commission, the code was completed the younger, appointed a commission, consisting of
and declared to be law (16th April, 529) under eight persons, to form into a code all the edicta and
the title of the Justinianeus Codex; and it was de- generales constitutionesfrom the time of Constantine,
dared that the sources from which this code was and according to the model of the Codex Gregoderived were no longer to have any binding force, rianus and Hermogenianus (ad sismsilitudiznem Greand that the new code alone should be referred to goriacni et Hermogen iani Codicis). In 435, the
as of legal authority. (Constit. de Justin. Cod. instructions were renewed or repeated; but the
Confirmzando.) commissioners were now sixteen in number. AntiThe Digesta or Pandectae, and the Institutiones, ochus was at the head of both commissions. It
were compiled after the publication of this code, seems, however, to have been originally the design
subsequently to which fifty decisiones and some of the emperor not only to make a code which
new constitutiones also were promulgated by the should be supplementary to, and a continuation of,
emperor. This rendered a revision of the code the Codex Gregorianus and Hermogenianus; but
necessary; and accordingly a commission for that also to compile a work on Roman law from the
purpose was given to Tribonianus, to Dorotheus, a classical jurists, and tile constitutions prior to those
distinguished teacher of law at Berytus in Phoenicia, of Constantine. However this may be, the first
and three others. The new code was promulgated commission did not accomplish this, and what we
at Constantinople, on the 16th November 534, and now have is the code which was compiled by the
the use of the decisiones, the new constitutiones, second commission. This code was completed, and
and of the first edition of the Justinianeus Codex, promulgated as law in the Eastern empire in 438,
was forbidden. The second edition (seczunda editio, and declared to be the substitute for all the constirepetita praelectio, Codex repetitae pracelectionis) is tutions made since the time of Constantine. In
the code that we now possess, in twelve books, the same year (438) the code was forwarded to
each of which is divided into titles: it is not known Valentinian III., the soin-in-law of Theodosius, by
how many books the first edition contained. The whom it was laid before the Roman Senate, and
constitutiones are arranged under their several titles, confirmed as law in the Western empire. Nine
in the order of time and with the names of the em- years later Theodosius forwarded to Valentinian
perors by whom they were respectively made, and his new constitutions (zovelleze constitutiones), which
their dates. had been made since the publication of the code;
The constitutions in this code do not go further and these also were in the next year (448) proback than those of Hadrian, and those of the im- mulgated as law in the Western empire. So long
mediate successors of Hadrian are few in number; as a connection existed between the Eastern and
a circumstance owing in part to the use made of Western empires, that is, till the overthrow of the
the earlier codes in the compilation of the Justinian latter, the name Novellae rwas given to the concode, and also to the fact of many of the earlier stitutions subsequent to the code of Theodosius.
constitutions being incorporated in the writings of The latest of these Novellae that have come down
the jurists, from which alone any knowledge of to us are three of the time of Leo and Anthemius,
many of them could be derived. (Constit. De A. D. 468.
EEmendatione Cod. Dom. Justin.) The Codex Theodosianus consists of sixteen
The constitutions, as they appear in this code, books, the greater part of which, as well as his
have been in many cases altered by tile compilers, Novellae, exist in their genuine state. The books.
and consequently, in an historical point of view, are divided into titles, and the titles are subthe code is not always trustworthy. This fact divided into constitutiones or laws. The valuable
appears from a comparison of this code with the edition of J. Gothofredus (6 vols. fol. Lugd. 1665,
Theodosian code and the Novellae. The order of re-edited by Ritter, Lips. 1736-1745, 6 vols. fol.)
the subject-matter in this code corresponds, in a contains the code in its complete form, except the
certain way, with that in the Digest. Thus the first five books, for which it was necessary to use
seven parts into which the fifty books of the the epitome contained in the Breviarium [BREVIADigest are distributed, correspond to the first nine rivM]. This is also the case with the edition of
books of the Code. The matter of the three last this code contained in the Jius Civile Antejustininiabooks of the Code is hardly treated of in the nesum of Berlin, 1815. But the recent discovery
Digest. The matter of the first book of the Digest of a MS. of the Breviarium, at Milan, by Clossius,
is placed in the first book of the Code, after the and of a Palimpsest of the Theodosian code at
law relating to ecclesiastical matters, which, of Turin by Peyron, has contributed largely both to
course, is not contained in the Digest; and the the critical knowledge of the other parts of this
three following books of the first part of the Digest code, and has added numerous genuine constitucorrespond to the second book of the Code. The tions to the first five books, particularly tc the