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

(60 PANDECTAE. PANDECTAF._
bequests. There is a method of arrangement else must be proved from an examination of the
therefore so far as generally to bring things of the work itself, and this is the object of Bluhme's
same kind together, but the compilation has no laborious essay. He observes that. if a person will
claims to being considered as a scientific arrange- examine the extracts in the titles De Verborumn
mnent of the matter of law. And indeed the com- Significatione and De Regulis Juris (50. tit. 16, 17)
pilers were evidently fettered in this respect by he will find a regular order observable in the titles
the Emperor's instructions, which required them to of the juristical works from which the extracts are
lrrange (digerere) the whole body of tile law corn- taken. Generally, the series of the books quoted
prised in the Digest, according to the Code and shows that the original order of the works from
the Edicturn Perpetuum. which the extracts were to be made, has not been
It has long been a matter of dispute whether altered; and the several works generally follow in
the compilers of the Digest were guided by any, both these titles in the same order. A similar reand if any, by what principle in the arrangement mark applies to the title De Verborum Obligaof the several extracts under the respective Titles. tionibus (Dig. 45. tit. 1), though there is a variaThis subject is examined in a very learned essay tion in all the three titles as to the relative order
by Bluhme, entitled " Die Ordnung der Fragmente of the three masses, which are presently to be
in den Pandektentiteln." (Zeitsclhrf, vol. iv.) The mentioned. " In the remaining titles of the Diinvestigation is of course founded on the titles of the gest," adds Bluhme, "at first sight it appears as
several works of the Jurists, which as already ob- if one could find no other distinction in the titles
served are given at the head of each extract: thus, of the extracts than this, that one part of them has
for instance, in the beginning of the 3d book, the a certain kind of connection, and another part
first seven extracts are headed as follows: " Ulpi- merely indicates a motley assemblage of books out
anus Libro sexagesimo quarto ad Edictum;" of which the extracts have beel made. But on a' Idem Libro primo Fideicommissorum;" " Idem closer comparison not only are three masses clearly
Libro quarto ad Sabinum;" " Idem Libro quinto distinguishable, but this comparison leads to the
ad Sabinum;" "' Paulus Libro primo ad Sabinum;" certain conclusion, that all the writings which were
"Julianus Libro trigesimo tertio Digestorum;" used in the compilation of the Digest, may be re6 Paulus Libro secundo ad Sabinum." These will ferred to three classes. The Commentaries on Saserve as samples of the whole and will explain binus (Ad Sabinum), on the Edict (Ad Edictum),
the following remarks from Bluhme, whose con- and Papinian's writings are at the head of these
clusions are these: " The compilers separated all three classes. ]We may accordingly denote these
the writings from which extracts were to be made, three masses respectively by the names Sabinian,
into three parts, and formed themselves, into three the Edict, and Papinianl. In each of these classes
committees. Each committee read through in order the several works from which extracts are made,
the books that had fallen to its lot, yet so that always follow in regular order." This order is
books which were closely related as to their con- shown by a table which Blubme has inserted in
tents, were extracted at the same time. The books his essay.
vwere compared with the Code of Justinian, and This article, if read in connection with the artiwhat was selected for the new compilation, was cles CODEX and INSTITUTIONES, will give some
placed under a Title taken either from the Code, general notion of the Legislation of Justinian, the
tlhe Edict, or in case of necessity from the work objects of which cannot be expressed better than
itself which was extracted. What came under the in the following words:anme title was compared; repetitions were erased, " Justinian's plan embraced two principal works,
contradictions were got rid of, and alterations were one of which was to be a selection from the Jurists
made, when the contents of the extracts seemed to and the other from the Constitutiones. The first,
require it. When the three committees had finished the Pandect, was very appropriately intended to
their labours, the present Digest was formed out of contain the foundation of the law: it was the first
the three collections of extracts. In order to ac- work since the date of the Twelve Tables, which in
complish this, they made that collection the founda- itself and without supposing the existence of any
tion of each Title which contained the most other, might serve as a central point of the whole
numerous or at least the longest extracts. With body of the law. It may be properly called a Code,
these they compared the smaller collections, strik- and the first complete Code since the time of the
iig out, as they had done before, repetitions and Twelve Tables, though a large part of its contents
contradictions, making the necessary additions, and is not Law, but consists of Dogmriatic and the ingiving more exact definitions and general princi-'vestigation of particular cases. Instead of the in —
ples. What remained over of the smaller collections suflicient rules of Valentinian III., the excerpts ill
without having had an appropriate place assigned the Pandect are taken immediately from the writto it, was placed after the first collection, and its ings of the Jurists in great numbers, and arranged
place in the series after the first collection was according to their matter. The Code also has a
generally determined by the number of extracts." more comprehensive plan than the earlier codes,' The Digest does not seem to have been sub- since it comprises both Rescripts and Edicts. These
jected to any further revision." two works, the Pandect and the Code, ought proBluhme remarks that, although the Constitutions, perly to be considered as the completion of JusDeo Auctore, imperatoriam, Tanta, and Co-di, con- tinian's design. The Institutiones cannot be viewed
tain much information on the economy of the as a third work, independent of both: it serves as
Digest and the mode of proceeding of the compilers, an introduction to them or as a manual. Lastly, the
only the two following facts are distinctly stated: Novellae are single and subsequent additions and,
1. That the extracts from the writings of the alterations, and it is merely an accidental circurnu
Jurists were arranged according to the titles of the stance that a third edition of the Code was noe'
Code and the Edict. 2. That the extracts were made at the end of Justinian's reign, which would
compared with the Code. Accordinigly everything have comprised the Novellae which had a permanlent