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

67(1 JUSTINIANUS. JUSTINIANUS.
th:' advocates, Menna, Constantinus, and Joannes. vert great praise. They have long exercised, and,'
They were' empowered to omit, to improve, and to per ading modern systems of law, continue te
add; and, in the formation of the secunda editio, or exercise, enormous influence over the thoughts and
repetita praelectio, care was taken to insert the con- actions of men.- It is true that they exhibit a
stitutions of Justinian which' had appeared since certain enslavement to elements originally base, for
the first edition. It is probable that all the Fifty there was much that was narrow and barbarous in
Decisions were incorporated, although we have not the early law of Rome-; but, partly by tortuous
the means:'of precisely identifying them. On' the fictions, and partly by bolder reform, the Roman
16th of Nov. A. D. 534, Justinian issued a consti-' jurisprudence of later times struggled to arrive at
tution, giving legal force to the new edition -of the better and more rational rules. The Digest is
Code, from the 29th of Dec. 534.' To this new especially precious, as preserving the remains of
edition, in contradistinction to the former (which. jurists whose works would otherwise have been
was now superseded and carefully suppressed), has wholly lost, notwithstanding their great value as
been usually given the name Codea Repetitae Prae- illustrations of history, as materials for thinking,
lectionis. It is now ordinarily called- the Code of and as models of legal reasoning and expression.
Justinian,'-although it:is more correctly called Con- If adherence to the contents of the imperial law
stitutionum Codex, since the other collections of during the middle ages cramped on the one hand
Justinian are also entitled to the name of Codes.' the spontaneity of indigenous development, it opThe earliest constitution contained in the Code is posed barriers on the other to the progress of feudal
one of Hadrian, the latest one of Justinian, dated barbarism.
Nov. 4.,. A. D. 534. The matter'of constitutions We proceed now to give some account of the
older than Hadrian'had been fully developed in the literary history, and to mention the'principal'ediworks of jurists. The Code is divided into 12 tions, separate and collective, of Justinian's combooks, and -the books into titles, with rubrics de- pilations. The editions up to the end of the first
noting-their contents. Under each title, the con- third of the 16th century are scarce, for, from the
stitutions' are arranged chronologically. Each inconvenience of their form, and the variety of conconstitutio- is headed by an inscriptio, or address, tractions they employ, they have been subjected to
and- ended by a subscriptio, announcing the place the same fate with the early manuscripts: but, like
and. time of its date, Theo general arrangement the early manuscripts, they are often of use in corcorresponds on the whole with that of the. Digest, recting the text.
so far, as the two works treat of the same subject, The first printed edition of the Institutes is that
but there are some variations which cannot be ac- of Petrus Schoyffer, fol. Mogunt. 1468. The last
counted for. For instance, the law of pledges and edition of importance is that of Schrader, 4to.
the law of the father's power occupy very different Berlin, 1832. This is an exceedingly learned and
relative positions in. the Digest and the Code. Some elaborate performance, and is intended to form part
constitutiones, which are referred to in the Insti- of an intended Berlin Corpes Juris Civilis,. which
tutes, do not appear in the modern manuscripts of is still promised, but has hitherto made no further
the Code; and it, is: doubtful whether they were visible progress. Among the exegetical commentaomitted by the compilers of the second edition, or tors, Vinnius,'a Costa, and Otto, will be found the
left out by subsequent copyists. most useful. The Institutiones cume Commentario
Justinian, though -fond of legal'unity, was fond Academico, by Vinnius, first appeared 4to, Amst.
of law-making. If he had lived long enough, there 1642, and has been frequently reprinted. The
might, perhaps have been a second edition of the Elzevir Vinnius of 1665 is, typographically, the
Digest.'When the new Code was published, he neatest; but the jurist will prefer those editions
-contemplated the necessity of a supplement to it, which are enriched with the notes of Heineccius,
and promised that any legislative reforms which he and contain the Quaestiones Selectae of Vinnius.
might afterwards make should be formed into a (2 vols. 4to. Lugd. 1747, 1755, 1761, 1767, 1777.)
collection of Novellae Constitutiones. (Const. Cordi, The Commentarius ad Ilnstitutiones of a Costa
~ 4.) Many such Novells (veapal BsaTdcels), with (Jean de la Coste) first appeared, 4to. Paris, 1659;
various dates, from Jan. 1. 535, to Nov. 4. 564, but the best editions are those of Van de Water
were-published from time to time, by authority, in (4to. Ultraj. 1714), and Riicker (4to. Lugd. 1744).
his life-time. The' greater part were promulgated The Commentarius et Notae Criticae of Everard
in the first five years after' the publication of the Otto first appeared 4to. Traj. ad Rhen. 1-729; and
new Code; and'there is a marked diminution in the best-edition is that of Iselin (4to. Basil. 1760).
the number of Novells subsequent to the death of The commentaries of Balduinus (fol. Paris, 1546),
Tribonian in 545. There are extant at least 165 Hotomann (Basil. 1560, 1569, Lugd. 1588), GiNovells of Justinian, making many reforms of great phanius (4to. Ingols. 1596,: &c.), Bachovius (4to.
consequence, and seriously affecting the law as laid Frank, 1628, 1661, &c.), Merillius (4to. Paris,
down in the Digest, Institutes, and Code. Though 1654, Traj. ad Rhgn. 1739), and Hoppius (Dantz.
the imperial archives contained all the Novells 1693, &c.; and edited. by Walchius, 4to. Frank.
that were issued from time' to time, no collective ad Moen. 1772), also deserve mention. There
publication by official' authority seems to have taken are modern French commentaries and translations
place before Justinian's death, for Joannes Scholas- by Blondeau, Ducaurroy, Ortolan,: and Etienne;
ticus, at the beginning of his collection of 87 and there -is an English translation, with the Latin
chapters, compiled from the- Novells of Justinian, text and notes, by George Harris, LL.D. (4to.
between A.'D. 565 and 578, speaks of those Novells London, 1796, 1812.) We regard the Greek
as still orop&d8av K.C'.Evw.. (Heimbach, Anecdota, Paraphrasis of Theophilus as the most useful of all
vol. ii. p. 208.).' commentaries, but the original work is so clear as
Such were Justinians legislative works —works seldom to require voluminous explanation; and not,of no mean merit-nay, with all their faults, con- without reason was an Essay, as long ago as the;sideLing the circumstances of the time, worthy of first year of the 18th century, composed by Hom-,~~~~~~~~~~o....... year. of the ~8t..................