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

672,JUSITINIANIt$. JUSTINIANUS.
Novumn. The Digesturn Vetus and Digestum Novun 48 Dig.), Bynkershoek, Noodt. The commentaries
are each again divided into two parts; the second of Voet and Pothier are well known in this country.
part of the former beginning with the 12th book; The voluminous Meditationes in Pandectas of Leythe second part of the latter with the 45th. The serus, and the still more voluminous German ErInfortiatum is divided into three parts, of which liuterungen of Gltick, with the continuations of
the second begins with the 30th book, and the MUihlenbruch and Reichardt, are interesting, as
third (strangely enough) with the words tres partes showing the construction put upon the law of the
occurring in the middle of a sentence, in Dig. 35, Digest, in cases that occur in modern practice.
tit. 2. s. 82. The third part of the Infortiatum is One of the most valuable works upon the:Digest
hence called Tres Partes. The glossators often is Ant. Schulting's Notae ad Digesta, cum animaduse the name Infortiaturn for the first two parts versionibus NAic. Smallenberg, 7 vol. 8vo. Lug. Bat.
of the second volume, e. g. Infortiatumn curn Tibus 1804-1835. Here the reader will find ample
Partibus; and sometimes' the Tres Partes are references to the work where the difficulties of the
attached to the Digestun Novuen. In order to ex- text are best explained. The Pandectenrecht of
plain these peculiarities, many conjectures have Thibaut and the Doctrina Pandectarum of Miihbeen hazarded. It is most probable that the division lenbruch are not commentaries on the Digest, but
owes its origin partly to accident; that the Di- are systematic expositions of the civil law, as it
gestuem Vetus first came to the knowledge of the exists in Germany at this day.
earliest glossators; that they were next furnished In Brenkmann's Historia Pandectarum will be
with the Digestumn Novutn; then with the Tres found a full account of the early state of the conPartes, which they added to the Digestusm Novurn; troversy relating to the history of the Florentine
and that then they got the Infortiatunr, so called, manuscript. The writings of Augustinus, Grandi,
perhaps,. from its being forced in between the Tanucci, Guadagni, Schwartz, and others, who
others; and that finally, in order to equalize the have signalised themselves ius this field, are referred
size of the volumes, they attached the Tres Partes to in Walch's note on Eckhard's Ermeneutica
to the Infortiatum. The common opinion is that Juris, ~ 74; and the researches of Savigny on the
the Infortiatum derived its name from having been same subject will be found in the second and third
reinforced by the Tres Partes. volumes of his " History of the Roman Law in the
The editions of the Digest, with reference to Middle Ages." For detailed information as to
the character of their text, may be divided into editions of the Digest and Commentaries on that
three classes, the Florentine, the vulgate, and the work, Spangenberg's Einleitung, and Beck's Promixed. Politianus and Bologninus had both care- dromus, may be consulted with advantage.
fully collated the Florentine manuscript, but no The earliest manuscript containing a portion of
edition represented the Florentine text before the the Constitutionumn Codex is a palimpsest in the
year a. D. 1553, when the beautiful and celebrated Chapter House at Verona, and two of the 10th
edition of Laelius Taurellius (who, out of paternal century have been lately discovered by Blume at
affection, allowed his son Franciscus to name him- Pistoia and Monte Casino. In the early editions
self as the editor) was published at Florence. This the first nine books are separated from the other
edition is the basis-of that given by Gebauer and three, which,- relating principally to the public law
Spangenberg in their Corpus Juris Civilis, and of the Roman empire, were often inapplicable in
these editors had the advantage of referring to the practice under a different government. Hence, by
latex collation of Brenkmann. The vulgate editions the glossators, the name Coder is given exclusively
have no existing, standard text to refer to. The to the first nine books; while the remainder are
ideal standard is the text formed by the glossators, designated by the name Tres Libri. At first the
as revised by Accursius. Their number is immense. inscriptiones and subscriptiones of the constitutions
The first known edition of the Digestum Vetus was were almost always omitted, and' the Greek conprinted by Henricus Cla.n (fol. Perusiae, 1476), stitutions were wanting. Haloander considerably
although Montfaucon (Bibl. MSS. p. 157) mentions improved the text, and was followed -by Russardus.
the existence of an edition of 1473, of the first Cujas, Augustinus, and Contius, were of service in
and second parts of the Digest. The first edition restoring to their places. the omitted constitutions
of the Infortiatum is that of Piicher (fol. Rom. (leges restitutae). Leunclavius (1575), Charondas
1475), and the first Digestum Novumn was printed (1575), Pacius (1580), Dionysius Gothofredus
by Piicher (fol. Rom. 1476). In the early vulgate (1583), Petrus and Franciscus Pithoeus (Obs. ad
editions the Greek passages of the original are Cod. Par. fol. 1689), all contributed to the criticism
given for the most part in an old Latin translation, and restoration of the text; and in more modern
and the inscriptions prefixed to the extracts, and times, Biener, Witte, and the brothers Heimbach,
referring to the work and the author, are either im- have similarly distinguished themselves.
perfect or wanting. Of the mixed editions, the The first edition of the first nine books was
earliest is that which was edited by Baublommius printed by P, Schoyffer (fol. Mogunt. 1475); and
(Paris, 1523, 1524), with the aid of the collation the Tres Libri first appeared (along with the Noof Politianus, but the most celebrated is that of vells and the Libri Feudorum) at Rome (fol. 1476).
Haloander (4to. Nuremb. 1529), published with- The first edition of the twelve books was given by
out the gloss. Haloander was, himself, a daring Haloander (fol. Noremb. 1530).
and adventurous critic, and made much use of the Cujas and Wissenbach are among the best comconjectural emendations of Budaens and Alciatus. mentators on the Code. The commentaries of the
The commentators upon the Digest and upon latter comprise the first seven books (in lib. iv.
separate portions of it are extremely numerous, prior. 4to. Franeq. 1660; in lib. v. et vi. ib. 1664;
Among the most useful are Duarenus (Opera, Luc. in lib. 2vii. ib. 1664).
1.765), Cujacius, Ant. Faber (Rationalia in Pan- For further particulars as to the other editions
dectas, Lugd. 1659-1663), Dorellus, Ant. Mat- and commentators, reference may be made to Spanthaeus (De Crimniibus, Com7netudrius ad lib. 47 et genberg's Einleitung, Beck's Prodronius, Biener's