A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

668 JUSTINIANUS. JUSTINIANUS.
writings'of the Roman lawyers, and their' works or series-that the first series is headed by extracts
are in reality more full of practical law than the taken from commentaries on Sabinus; the second
constitutions to which occasional exigency gave from commentaries on the Edict; and the third
birth. Then the arrangement of the Digest sins from commentaries on Papinian. Hence he supagainst science. The order of the Edict, which it poses that the commission was divided into three
followed, was itself based on the order of the twelve sections, and that to each section was given a
tables, and was historical or accidental, not sys- certain set of works to analyse and break up into
tematic. There is no pars generralis-Ino connected extracts. The masses or series he names from the
statement of first principles-no regular develop- works that head them: the Sabinian, Edictal, and
ment of consequences. Leading maxims are intro- Papinian masses; although each mass contains
duced incidentally, and matters of the greatest extracts from a great number of other works unmoment, as the law of procedure, are scattered connected with Sabinus, the Edict, or Papinian.
under various heads- here a little, and there a Besides these three principal masses of extracts, a
little. set of miscellaneous extracts, forming all appendix
The Digest is divided into seven partes, and is to the Papinian mass, seems to have been drawn
also divided into fifty books. The partes begin up in order to'complete the selection, and may be
respectively with the 1st, 5th, 12th, 20th, 28th, said to form a fourth, or supplementary mass,
37th, and 45th books. Each book is divided into called by Blume the Post-Papinian.
titles, and each title has a rubric or heading denoting Regularly, the mass that contained the greatest
the general nature of its contents. The division number of fragments relating to any particular title
into seven parts, though the late Hugo often took appears first in that title. The total number of
occasion to insist upon its importance, has been fragments belonging to the Sabinian mass exceeds
little attended to in modern times. Under each the number in the Edictal, and the Edictal fragtitle are separate extracts from ancient jurists- ments are more numerous than the Papinian.
sometimes only a single extract. These were not Hence the usual order is s,'E, P. By these initial
originally numbered, but they were headed by the letters (previously used by Blume) the brothers
name of the author, and a reference to his work Kriegel in their edition of the Digest (Lips. 1833),
(inscriptiones). Justinian directed that a catalogue mark the separate fragments, to denote the masses
should be prefixed to the Digest with the names of with which they are classed. The fragments beall the authors cited, and of the particular works longing to the supplementary mass are marked Pp.
from which the extracts were taken. Such a cata- For the details of exceptions from this arrangelogue, though not perhaps the genuine original, is ment, and the reasons for such exceptions; for lists
placed at the beginning of the celebrated Florentine of the works of ancient jurists, so classed as to
manuscript of the Digest, and is thence called the show to what mass the fragments of each work beFlorentine Index. The jurists from whom extracts long; and for applications of the theory to critical
are directly taken, often cite other jurists, but seldom purposes, the reader is referred to Blume's justly
literally. These are, however, pure or literal, celebrated essay on the'Ordnung der Fragment in
though not direct extracts, from Q. Mucius Scae- den Pandectentiteln, in the 4th volume of Savigny's
vola, Aelius Gallus, and Labeo. There are 39 Zeitschrift, and to the'following works: Hugo,
jurists, from whose works the Digest contains literal Lehrbuch der Digesten, 2te Ausg. 8vo. Berl. 1828;
extracts, whether made directly or at second-hand; Reimarus, Bemerkungen fiber die Inscriptionenand these 39 are often called the classical jurists, ruhen der Pandecten friagmenta, 8vo. Gitting.
a name sometimes extended to all those jurists 1830; the synoptic tables appended to the Digest
who lived not later than Justinian, and sometimes in the edition of the brothers Kriegel, which forms
confined to Papinian, Paulus, Ulpian, Gaius, and part of the last Leipzig edition of the Coypus Jurlis
Modestinus, from the special manner in which Civilis.
these five are mentioned in the citation law of It may seem remarkable that:the credit of this
Valentinian III. Extracts from Ulpian constitute discovery should be reserved to so recent a date.
about one third of the Digest; from Paulus about Most of the moderns who investigated the subject
one sixth; from Papinian about one twelfth. In had sought, by reference. to the actual contents of
Hommel's Palingenesia Pandectarum the fragments the fragments, to make out the principle on which
of each jurist are collected and printed separately: they were arranged; but it was an examination of
an attempt is made to reanimate the man-to re- the inscriptiones that led Blume to his theory.
store his individuality —by bringing together his Some approximations to it had been previously
dispersed limbs and scattered bones. made by inquirers who followed the same clue.
The internal arrangement of the separate frag- Ant. Augustinus had observed that, in each title,
ments of jurists under each title would appear at the fragments taken from different books of the
first sight to be completely fortuitous. It is neither same work were regularly arranged, an extract
chronological nor alphabetical; nor does it con- from book 2. never coming before an extract from
sistently and uniformly follow any rational train book 1. Giphanius (Oeconomia Juris, 4to, Franc.
of thought, depending on the subject treated ef. 1606, c. ult.) had gone further than Augustinus;
Blume (as he now writes himself, or Bluhme, as and Jac. Gothofredus, in his commentary on the
the name was formerly written) has elaborately title of the Digest, "De Regulis Juris" (Opera
expounded a theory which, though rejected by Minora, p.719,739), approaches more closely than
Tigerstrim and others, seems to rest upon the Giphanius to Blume's discovery.
foundation of facts, and must at least be something It is to be remarked that most of the institutional
like the truth. No one can form a sound opinion works, and most of the dogmatic treatises on the
of the merits of Blume's theory without a careful pure jus civile of Rome - on the law of Rome as
examination of a great number of titles in the unaltered by legislation or equitable constructionDigest. It is found that the extracts under each furnish extracts to the Sabinian mass. The works
title usually resolve themselves into three masses which relate to the modifications of the original law