Page:The American Cyclopædia (1879) Volume IV.djvu/636

624: CIVIL LAW dects were published by Justinian Dec. 16, 533 ; but they were not to have legal authority till Dec. 30. At the same time Justinian pro- hibited all further reference to the older jurists, forbade the writing of any commentaries upon the new compilation, and only permitted the making of literal translations into Greek, and the publication of parallel passages, with a summary table of their contents. In pre- paring the Pandects the compilers met very frequently with controversies in the writings of the jurists. Where they themselves did not venture to determine the questions in con- troversy, they presented them to Justinian for his special decision. Such questions, to the number of 34, had been already determined by Justinian before the commencement of the collection of the Pandects ; and before its com- pletion the decisions of this kind were increas- ed to 50. These were embodied in the code. For the purpose of providing a more com- pendious book for beginners in the study of the law, Justinian ordered Tribonian, with the assistance of Theophilus and Dorotheus, to prepare a brief system of law, under the title of Institutes, which should contain the ele- ments of legal science. They were charged to make the law then applicable their principal object ; but they were also to pay some atten- tion to the older laws. This work was found- ed on the Institutes of Gaius, from which all that was entirely obsolete was omitted, and the new constitutions of Justinian, as far as they had been issued at the time, were referred to. Justinian published the Institutes Nov. 21, 533, and they obtained legal force at the same time with the Pandects, Dec. 30, 533. After the publication of the Pandects and the Insti- tutes, Justinian undertook a revision of the code which had been published in 529, because he had issued since that time a great number of new constitutions, and especially the 50 decisions, which were not comprised in the old code, and by which the law contained in the Pandects had been augmented, altered, or denned. He therefore in 534 ordered Tribonian, with the assistance of Dorotheus, Menna, Constantinus, and Jolmnnes, to revise the old code, and to add the new constitutions. This revision was completed in the same year, and the new edi- tion of the code (Codex repetita Pralectionis) was confirmed Nov. 16, 534, and the old code abolished. This new code contains only im- perial constitutions, which from the time of Hadrian up to Constantino consist almost ex- clusively of rescripts, but from Constantino to Justinian are chiefly edicts or general laws. The code consists of 12 books, which are sub- divided into titles, and in these the single con- stitutions relating to the same subject are ar- ranged in chronological order. Manner of citing the Pandects. There still continue to be different ways of citing the Pandects. For- merly it was usual to cite, for instance : D. de jure dotium, L. profectitia, Si Pater ; or, vice versa, L. profectitia, Si Pater, D. de jure dotium. From this afterward originated the following: L. profectitia 5, Si Pater 6, D. de jure dotium ; and lastly, L. 5, 6, D. de jure dotium. This last form is most commonly used at present, but many, more accurately, prefer Fr. (fragmentum), instead of L. ; and most jurists add at the end, in a parenthesis, the number of the book and title ; thus, Fr. 6, D. de jure dotium (23, 3). In referring to the principium of a fragment, pr. is put in the place of the mark and number of the section ; for example : Fr. 5, pr. D. de jure dotium (23, 3). Many, however cite only by numbers: Fr. 5, 6, D. 23, 5. To indicate the Pan- dects the sign jf. is used, which is supposed to be derived from the Greek II, or from the symbol of the copyists representing D. The Institutes consist of four books, each of which contains several titles; each title commences with a principium, after which the single paragraphs follow. Formerly the Institutes were cited by the heading of the title and the initial words of the paragraphs ; thus : Fratris tero, J. de nuptiis. At present it is usual to give the heading of the title and the number of the paragraph: F. 3, J. de nuptiis ; or by numbers only : 8, J. 1, 10 ; or, 3, J, de nuptiis (1, 10). In referring to i& principia of a title the abbreviation pr. is used : pr. J. de nuptiis (1, 10). The manner of citing the code is like that of the Pandects : L. 22, C. mandati tel contra. It is more correct to use Const, (con- stitutio) instead of L., and to cite simply: Const. 22, C. 4, 35; or, Const. 22, C. mandati tel contra (4, 35). The novels are cited simply according to their number: Nov. 113, cap. 1. During the long continuance of Justinian's government after the publication of the Codex repetita Preelections (535-565), he issued at different times a great number of new constitu- tions, by which the law on many subjects was entirely changed. The greatest part of these new constitutions were written in Greek, in obscure and pompous language, and published under the name of Novella Constitutiones. Soon after his death a collection of 168 novels was made, 154 of which had been issued by Justinian and the others by his successors. Afterward the glossators brought the novels into a collection of nine parts; in which, how- ever, they embodied only 97 novels, because the others were considered no longer applicable. Soon after Justinian's death Julian composed a copious Latin extract from 125 novels, which is known under the name of Epitome Novellarum or Liber Norellarum. About the same time a Latin translation of the novels was made by nn anonymous author, which contains only 134 novels. This translation, now termed Versio rulijitta, was called by the glossators the Cor- pus authenticum, in order to distinguish it from the Epitome Juliani. As the Latin language was not generally used among the Byzantines, Justinian's law collections were translated into Greek. Numerous constitutions were issued by his successors ; and although he had ex-