a legislator that Justinian has gained his most
enduring renown. His good fortune in obtaining the services of able
generals was not greater than that which attended him in the field of
law and legislation. Brilliant as were the triumphs of Narses and
Belisarius, they were indeed short-lived in comparison with the work
done by the celebrated Tribonian and his coadjutors in the way of
reforming and codifying the law. Immediately on his accession Justinian
set himself to collect and codify the principal imperial constitutions
or statutes enacted prior to, and in force at, the date of his
accession. In this respect he followed the example set by his
predecessor, Theodosian. The code in which these constitutions were
collected was published in 528-29, and it contained a general provision
by which all previous imperial enactments were repealed. But Justinian's
ambition in the matter of consolidating the laws went much further.
Imperial constitutions made up but a comparatively small part of the
body of the law. The bulk of it (what might be called the common law)
was contained in the writings of the jurists, that is, of text-writers
and commentators. Of these writers there were at this time many hundreds
of volumes in existence, and, owing to want of agreement in the opinion
of the various writers, the law was in a state of great uncertainty, not
to say confusion.
To remedy this evil, Justinian resolved upon the publication of a single
treatise in which the commentaries and other writings of the jurists
might be digested and harmonized. The preparation of this great work was
intrusted to Tribonian, with the assistance of Theophilus, a celebrated
professor of law at Berytus (modern Beyrout), and two other professors,
and it was completed in the almost incredibly short period of four
years. It was published in fifty books, under the title Digesta or
Pandectae. While the Digest was in course of preparation Justinian
resolved on the composition of a third work--viz., a systematic and
elementary treatise on the law which might serve as a text-book for the
use of students, and as an introduction to the larger work. The
preparation of this was also intrusted to Tribonian and his colleagues,
and having been completed a few days before the Digest, was published in
four books on the same day (December 31, 534), under the title of
Institutiones. It is based upon the Institutes of Gaius, and is familiar
to all modern lawyers under the
|