FREE BOOKS

Author's List




PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  
stitutions, from Constantine to his own time, to be collected and arranged in sixteen books. This was called the Theodosian Code, which in the West was held in high esteem. It was very influential among the Germanic nations, serving as the chief basis of their early legislation; it also paved the way for the more complete codification that followed in the Justinian Code, which superseded it. To Justinian belongs the immortal glory of reforming the jurisprudence of the Romans. "In the space of ten centuries," says Gibbon, "the infinite variety of laws and legal opinions had filled many thousand volumes, which no fortune could purchase, and no capacity could digest. Books could not easily be found, and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion." The emperors had very early begun to issue ordinances, under the authority of the various offices gathered into their hands; and these, together with the answers to appeals from the lower courts made to the emperors directly, or to the sort of supreme court which they established, were called _imperial constitutions_ and _rescripts_. Justinian determined to unite in one body all the rules of law, whatever may have been their origin; and in the year 528 appointed ten jurisconsults, among whom was the celebrated Tribonian, to select and arrange the imperial constitutions and rescripts, leaving out what was obsolete or useless or contradictory, and to make such alterations as the circumstances required. This was called the _Code_, divided into twelve books, and comprising the constitutions from Hadrian to Justinian. It was published in fourteen months after it was undertaken. Justinian thereupon authorized Tribonian, then quaestor, _vir magnificus magisteria dignitate inter agentes decoratus,_--"for great titles were now given to the officers of the crown,"--to prepare, with the assistance of sixteen associates, a collection of extracts from the writings of the most eminent jurists, so as to form a body of law for the government of the empire, with power to select and omit and alter; and this immense work was done in three years, and published under the title of Digest, or Pandects. Says Lord Mackenzie: "All the judicial learning of former times was laid under contribution by Tribonian and his colleagues. Selections from the works of thirty-nine of the ablest lawyers, scattered over two thousand separate treatises, were
PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  



Top keywords:

Justinian

 

constitutions

 

called

 

Tribonian

 
thousand
 

published

 

emperors

 

sixteen

 

rescripts

 

select


imperial

 

authorized

 

dignitate

 
undertaken
 
decoratus
 
magisteria
 

magnificus

 

appointed

 

quaestor

 

agentes


useless

 

titles

 

contradictory

 
celebrated
 

obsolete

 

arrange

 
leaving
 
alterations
 

comprising

 
Hadrian

fourteen
 

months

 
twelve
 

jurisconsults

 
circumstances
 

required

 

divided

 
eminent
 

learning

 

contribution


judicial

 
Pandects
 

Digest

 

Mackenzie

 
colleagues
 

scattered

 

separate

 

treatises

 
lawyers
 

ablest