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

JUSTINIANUS. JUSTINIANUS. 669
introduced by the jus honorarium fall'naturally into elementary works (Institutiones, Regulareum libii},
the Edictal mass; while the Papinian mass consists but none were so famous as the Institutes and Res
of fragments from works which relate chiefly to the Quotidianae of Gaius, which were taken as the
practical application of the law, e. g. cases and basis of Justinian's Institutes. Other treatises,
opinions relating to miscellaneous points in the con- however, were also made use of, and alterations
struction of wills. Those who are still opposed to were made for the purpose of bringing the new
Blume's theory think that the compilers of the treatise into harmony with- the Code and the
Digest were led to their arrangement of the frag- Digest. Hence there is an occasionak incongruity
ments by something like a natural development of in the compilation, from the employment of beterothe subject treated under each title: that they geneous materials. For example, at the very cor4inserted at the commencement of a title such pas- mencement the discordant notions of Gaius and
sages as explain the law institutionally, or such Ulpian on the jis naturale and the jus gentium are
as relate chiefly to the original principles of the brought together, but refuse to blend in consistent
jus civile: that they then proceeded to the modifi- union. The general arrangement of the work,
cations of the original law, and finally to its prac- which is divided into four books, does not matetical applications. According to this theory, the rially differ from that of the Institutes of Gaius, of
principle of internal arrangement, though rude, which we have given a sketch under GAIUS,
would lead incidentally to something like uniformity pp. 201, 202. The Institutes received the imperial
in the order of the works analysed: according to sanction on the 21st of November, 533, and full
Blume's theory, where the contents of a title pro- legal authority was conferred upon them, from the
ceed from the simple to the more complex, such an 30th of December, A. D. 533, the same day from
arrangement is secondary and dependent on the which the Digest was to take effect as law.
general character of the three groups of works ana- (Prooem. Instit.; Const. Tanta, ~- 23.)
lysed by different sections of the commissioners. Had it been possible to make law for ever fixed,
He admits, however, that some of the exceptions to and had the emperor's workmen been able to acthe general rule of arrangement which his theory complish. this object, the desire of Justinian's heart
propounds result from attention to the natural order would have been fulfilled. But there were many
of ideas. Thus, at the beginning of a title, frag- questions upon which the ancient jurists were
ments are placed, severed from the mass to which divided. Under the earlier emperors, these differthey regularly belong if they contain definitions of ences of opinion had given rise to permanent sects
words or general divisions of the subject, or give [CAPITOm]; nor were they afterwards entirely exa summary explanation of leading principles. tinguished, when party spirit had yielded to indeConsidering the short time in which the Digest pendent eclecticism. The compilers of the Digest
was completed, and the peculiarity of its arrange- tacitly, by their selection of extracts, manifested
ment, its compliance with the requisitions of Justi- their choice; but a Catholic doctrine, the great
nian deserves high commendation. It was not, object of Justinian's wishes, was not thus to be
however, entirely free from repetitions of the same accomplished. At the suggestion of Tribonianus,
passage under different titles (leges geminatae), nor the emperor began, while his compilations were
from the insertion of fragments under unappropriate yet in progress, to issue constitutions having for
heads (leges fugitivae or erraticae), nor from the their object the decision of the ancient controversies.
admission of actual inconsistencies or contradictions These constitutions helped to guide the compilers
(antinonziae, leges inter se pugnantes). of the Digest and Institutes; but,. as they were
Justinian forbade all commentary on his collec- issued from time to time after the first constitutionumn
tions, and prohibited the citation of older writings. codex (the greater part of them in the years 529
It is said that Napoleon exclaimed, when he saw and 530), it was found desirable, when they had
the first commentary on the Code Civil, " Mon reached the number of fifty, to form them into a
Code est perdu! " and. Justinian seems to have separate collection, which seems to have been pubbeen animated with the same spirit. He allowed lished under the title L. Constitutionu=n Liber. This
no explanation save the comparison of parallel pas- collection has not come down to us in a separate
sages (indices, pacratitla), and the interpretation of form, for its legal authority was repealed upon the
single words or phrases. Such at least were his revision of the Constitutionnusn Codex; and the
original injunctions, though they were not long separate publication of the Fifty Decisions has been
obeyed. The text was to be written in letters at doubted; but the phrase in the ancient Turin
length, all abbreviations (notae, sigla) and numeral Gloss upon the Institutes, Sicut libro L. conslitutifigures being interdicted. onum invenies (Savigny, Gesch. des R. R. im.fMitThe emperor was desirous that the body of law telalter, vol. ii. p. 452, ed. 2), confirms the inference
to be compiled under his direction should be all in to be drawn from Const. Cordi, ~ 1, and Inst. 1.
all, not only for practice, but for academical instruc- tit. 5. ~ 3. (Brunquell, Hist. Jur. Rom. ed. 1742,
tion; but the Digest and the Code, though they p. 239-247; Hugo, Civilist. Mag. vol. v. p. 11-8
were to form part of an advanced stage of legal -125.)
education, led far into detail, which could not well Even after the publication of the fifty decisions,
be understood by beginners. It became necessary the imperfection and ambiguity of the existing law
therefore to compose- an elementary, work for required to be remedied by further constitutions.
students. Already in the constitution, Deo Auctore, The incompleteness of the Code of A. D. 529 was
of Dec. A. D. 530, Justinian had declared his inten- now apparent, and Justinian was not indisposed to
tion of ordering an elementary work to be written. the revision of a compilation, which, having been
The composition of it was entrusted to Tribonian, made at the commencement of his reign, contained
in conjunction with Theophilus and Dorotheus, but little of his own legislation. Accordingly, the
who were respectively professors in the two great task of revision was entrusted to Tribonianus
schools of law at Constantinople and Berytus. (who had no part in the original compilation), with
Florentinus and other Roman jurists had written the assistance of the legal professor Dorotheus, and