collected in one volume; and care was taken to inform
posterity that three millions of lines were abridged and reduced in
these extracts to the modest number of one hundred and fifty thousand.
Among the selected jurists only three names belonged to the age of the
republic,--the civilians who flourished under the first emperors are
seldom appealed to; so that most of the writers whose works have
contributed to the Pandects lived within a period of one hundred years.
More than a third of the whole Pandects is from Ulpian, and next to him
the principal writers are Paulus, Papinian, Salvius Julianus, Pomponius,
Q. Cervidius Scaevola, and Gaius. Though the variety of subjects is
immense, the Digest has no claims to scientific arrangement. It is a
vast cyclopedia of heterogeneous law badly arranged; everything is
there, but everything is not in its proper place."
Neither the Digest nor the Code was adapted to elementary instruction;
it was therefore necessary to prepare a treatise on the principles of
Roman law. This was intrusted to Tribonian and two professors,
Theophilus and Dorotheus. It is probable that Tribonian merely
superintended the work, which was founded chiefly on the Institutes of
Gaius, divided into four books. It has been universally admired for its
method and elegant precision. It was intended merely as an introduction
to the Pandects and the Code, and was entitled the Institutes.
The _Novels_, or _New Constitutions, of Justinian_ were subsequently
published, being the new ordinances of the Emperor and the changes he
thought proper to make, and were therefore of high authority. The Code,
Pandects, Institutes, and Novels of Justinian comprise the Roman law as
received in Europe, in the form given by the school of Bologna, and is
called the "Corpus Juris Civilis." Savigny says:--
"It was in that form that the Roman law became the common law of Europe;
and when, four centuries later, other sources came to be added to it,
the _Corpus Juris_ of the school of Bologna had been so universally
received, and so long established as a basis of practice, that the new
discoveries remained in the domain of science, and served only for the
theory of the law. For the same reason, the Ante-Justinian law is
excluded from practice."
After Justinian the old texts were left to moulder as useless though
venerable, and they have nearly all disappeared. The Code, the Pandects,
and the Institutes were declared to be the only le
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