41 



JUSTINIAN'S CODE. 



JUSTINIAN'S CODE. 



42 



death of Alexander Severus. From the works of these writers, said to 

 have amounted to two thousand treatises, the commission appointed by 

 Justinian was to extract and compress all that was suited to form a 

 methodical, complete, and never failing book of reference for the 

 student of law and the magistrate. Justinian gave Tribonian and his 

 associates ten years' time to perform their task ; but they completed 

 it in three years. The work was styled ' Digesta,' and also ' Pandectee' 

 ("embracing all") and was published in December, 533. It was 

 declared by the emperor that it should have the force of law all over 

 the empire, and should supersede all the text books of the old jurists, 

 which in future were to be of no authority. 



The following is a list of the Roman jurists from whose works the 

 ' Pandect ' or ' Digest ' was composed, with their several epochs, so far 

 as they can be ascertained, and the relative proportions which they 

 have contributed to the 'Pandect.' Where (a) is added, the con- 

 tribution is less than 1. The sum total of all the figures denotes the 

 whole amount, of which the several figures opposite each jurist's name 

 denote the proportion which his part bears to the whole. In addition 

 to the extracts contained in the ' Pandect ' from each author, many of 

 them are very often merely cited. 



Aburnus (Valens). 



.Elius (Callus, Mareianus). 



^Emilius (Macer, Papinianua). 



Africanm, lived in Hadrian's time and was a disciple of 

 Salvius Julianus 24 



Alfmiu, a native of Cremona, and a pupil of Servius Sulpicius, 

 who died B.C. 43 9 



Ant/tianiu, time unknown (a) 



Anthus (Anthianus). 



Antistius (Labeo). 



Aguita, supposed by gome to have lived under Sept. Severus (a) 



Arcadiut, under Constantino the Great 24 



Arrius (Menander). 



Aurelius (Arcadius). 



Caecilius (Africanus). 



Caius (Oaius). 



CaUwtratia, under Caracalla 174 



Celiiti, lived under Trajan and Hadrian 23 



Ceridius (Scaevola). 



Charisius (Arcadius). 



Claudius ( Hermogenianus, Saturninus, Tryphoninus). 



Clemens (Terentius). 



Domitius (Ulpianus). 



Florens (Tertullianus). 



Plarentintu, time uncertain, supposed to have lived under 

 Alex. Severus 4 



Kurius (Anthianus). 



Gaiut, lived under Antoninus and Aurelius . . . .72 



Galtui, A quiliua, a friend of Cicero, with whom he was prsetor, 

 B.C. 66 (a) 



Herennius (Modestinus). 



ffcrmogenianut, under Constantino 9} 



Javoleniu, lived under Trajan ...... 234 



Julianiw, lived under Hadrian, was a pupil of Javolenus, and 

 author of the perpetual edict 90 



Julius, (Aquila, Paulus). 



Junius (Mareianus). 



Justus (Papirius). 



Juventius (Celsus). 



Labeo, lived under Augustus, was the head of the school 

 called Proculeians from his disciple Proculus . . . .12 



Licinius (Rufinus). 



Lucius (Msecianus, Papinianus). 



Macer, under Alexander Severus . . ... . .10 



Sfacianut, lived under Antoninus Pius 8 



Marcdlut, under Antoninus and Aureliua .... 324 



Marcianut, probably under Caracalla 88 



Marcus (Labeo). 



Maasurius (Sabinus). 



Mauricianut, lived under Antoninus 14 



Maximm, time unknown (a) 



Menander, under Severus and Caracalla .... 3 



Modatintu, flourished under Alex. Severus and the Maximini 414 



Aluciui, Quintus, son of P. Mucius Scsevola, consul in the year 

 659 of Rome, or B.C. 95 1 



fferaliui, lived under Trajan . . . . . . . 10 



Pupinianui, under Sept. Severus, whose friend he was ; waa 

 put to death by Caracalla 104 



Papiriui, under Marcus Aureliua 2J 



Paternus (Tarruntenus). 



Paului, flourished under Alexander Severus . . . 297 



Pompaniui, lived under Antoninus Pius ; another Pomponius 

 is said to have lived under Alex. Severus 80 



Priacus (Javolenus, Neratiu.i). 



Proculiu, lived under Nero and Vespasian C 



Publius (Alfenus, Anthianus, Juventiua). 



Quintus (Muciua, Tertullianus, Venuleius). 



Kufinni, about the time of Alex. Severus 14 



Rutilius (Maximus). 



Sabinus, Massuriui, flourished under Tiberius, was the head 

 of the Sabinian school . 1 4 



Salvius (Julianus). 



Saturninus, supposed by some to be the same as Venuleiua 1 



Saturniiius Quintus (Venuleius). 



Sccevola, Cerridius, under Antoninus and Aurelius . 78 i 



Sctevola, Mucius (Mucius). 



Sempronius (Proculus). 



Septimius (Tertullianus). 



Sextus (Pomponius). 



Tarruntenus, under Marcus and Commodus. . . . (a) 



Terentius, lived under Hadrian and Antoninus . . . 34 



Tertuttianm, time uncertain, by some supposed to be the same 

 as the father of the church ....... li 



Titus (Gaius). 



Tryphoninus, under Severus and Caracalla . . . . 22 



Valens, lived under Hadrian and Antoninus Pius . . 3 



Varus (Alfenus). 



Venuleius, under Antoninus and Aurelius .... 10 



I'lpianut, flourished under Alex. Severus, whose counsellor 

 he was 610 



Ulpius (Marcellus). 



Volusius (Maecianus). 



If the whole ' Digest ' is divided into three equal parts, the con- 

 tributions of Ulpiau are somewhat more than one-third. 



The ' Digesta ' Is divided into 50 books, each book being also divided 

 into titles, and subdivided into laws and paragraphs. The following 

 are some of the principal heads. Book i. lays down the general 

 principles and the different kinds of law ; it then establishes the 

 division of persons and of things; then speaks of senators, and of 

 magistrates and their delegates and assessors : ii. treats of the jurisdic- 

 tion of magistrates ; of the manner of bringing actions, of compromises 

 after an action is commenced : iii. explains what kind of persons are 

 allowed to sue in law, and it defines who are styled infamous, and as 

 such not permitted to sue ; it then treats of advocates, proctors, 

 syndics, and other counsellors : iv. treats of restitution, compromises, 

 and arbitrations, after which it speaks of innkeepers and others in whose 

 custody we leave anything : v. treats of trials ; and complaints against 

 inofficious (inofficiosa) testaments : vi. treats of real actions and their 

 various kinds to recover one's property : vii. treats of personal services 

 (servitutes, as usus fructus) : viii. speaks of real services both in town 

 and country : ix. treats of personal actions which are in imitation of 

 real actions, as actions for a fault or crime committed by a slave, the 

 action of the lex Aquilia, and the action against those who throw any 

 thing into the highway by which any one is wounded or injured : x. 

 treats of mixed actions, the action of partition of an inheritance, &c. : 

 xi. speaks of interrogatories, and of such matters as are to be heard 

 before the same judge (judex). It also treats of run-away slaves, of 

 dice-playing, bribery, corruption, and false reports ; and lastly, of 

 burials and funeral expenses : xii. explains the action for a loan, con- 

 dictions, &c. : xiii. continues the subject of the preceding, and treats of 

 the action of pawning : xiv. and xv. treat of actions arising from 

 contracts made by other persons and yet binding upon us ; of the 

 Senatus Consultum Macedonianum ; and of the peculium : xvi. treats 

 of the Senatus Consultum Velleianum, and of compensation, and the 

 action of deposits : xvii. treats of the mandate, and of partnership 

 (societas) : xviii. explains the meaning and forms of the contract of sale, 

 the annulling of this kind of contract ; and treats of gain or loss upon 

 the thing sold : xix. treats of bargains, of actions of hiring, of the action 

 called eestimatoria, of permutation, of the action called praescriptis 

 verbis, &c. : xx. treats of pledges and hypothecse, of the preference of 

 creditors, of the distraction or sale of things engaged or pawned : xxi. 

 contains an explanation of the jEdile's edict concerning the sale of 

 slaves and beasts, and also treats of evictions, warranties, &c. : xxii. 

 treats of interest (usurse), fruits, accessions to things, and of proofs and 

 presumptions, and of ignorance of law and fact : xxiii. is upon 

 betrothment (sponsalia), marriage, dowry, and agreements upon this 

 subject, and lands given in dowry : xxiv. treats of gifts between hus- 

 band and wife, divorces, and recovery of the marriage portion : xxv. 

 treats of expenses laid out upon the dowry, of actions for the recovery 

 of things carried away by the wife or other persons against whom 

 there is no action for theft, of the obligation to acknowledge children 

 and provide for them, on the Rescript De Inspiciendo Ventre, and 

 lastly of concubines : xxvi. and xxvii treat of tutorship and curator- 

 ship, and the actions resulting from them : xxviii. treats of testaments, 

 of the institution and disinheriting of children, of the institution of an 

 heir, of substitutions, &c. : xxix. treats of military testaments, of the 

 opening of wills, and of codicils : xxx., xxxi., xxxii. treat of legacies and 

 fiduciary bequests in general : xxxiii. and xxxiv. treat of particular 

 legacies, of the ademption of legacies, and of the Regula Catoniana : xxxv. 

 treats of legacies on condition, and of the Lex Falcidia : xxxvi. treats of 

 the Senatus Consultum Trebellianum, and of fiduciary bequests, of the 

 time when they become due, of the security to be given by the heir, 

 &c. : xxxvii. treats of universal succession by bouorum possessio : 

 xxxviii. treats of the services due by freedmen to their patrons, of 

 the succession of freedmen, of the succession of intestates appointed 

 by the praetor, of heredes Sui and Legitimi, and of the Senatus C'ou- 



