Page:Decline and Fall of the Roman Empire vol 4 (1897).djvu/488

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464

THE DECLINE AND FALL

The new code of Justinian was honoured with his name, and confirmed by his royal signature; authentic transcripts were multiplied by the pens of notaries and scribes; they were transmitted to the magistrates of the European, the Asiatic, and afterwards the African provinces; and the law of the empire was proclaimed on solemn festivals at the doors of churches. The Pandects or Digests. A.D. 530, Dec. 15-A.D. 533, Dec. 16 A more arduous operation was still behind: to extract the spirit of jurisprudence from the decisions and conjectures, the questions and disputes, of the Roman civilians. Seventeen lawyers, with Tribonian at their head, were appointed by the emperor to exercise an absolute jurisdiction over the works of their predecessors. If they had obeyed his commands in ten years, Justinian would have been satisfied with their diligence; and the rapid composition of the digest or pandects,^[1] in three years, will deserve praise or censure according to the merit of the execution. From the library of Tribonian they chose forty, the most eminent civilians of former times:^[2] two thousand treatises were comprised in an abridgment of fifty books; and it has been carefully recorded that three millions of lines or sentences^[3] were reduced, in this abstract, to the moderate number of one hundred and fifty thousand. The edition of this great work was delayed a month after that of the institutes; and it seemed reasonable that the elements should precede the digest of the Roman law. As soon as the emperor had approved their labours, he ratified, by his legislative power, the speculations of these private citizens; their commentaries on the Twelve Tables, the Perpetual Edict, the laws of the people, and the decrees of the senate, succeeded to the authority of the text; and the text was

↑ Πάνδεκται (general receivers) was a common title of the Greek miscellanies (Plin. Præfat. ad Hist. Natur.). The Digesta of Scævola, Marcellinus, Celsus, were already familiar to the civilians: but Justinian was in the wrong when he used the two appellations as synonymous. Is the word Pandects Greek or Latin — masculine or feminine? The diligent Brenckman will not presume to decide these momentous controversies (Hist. Pandect. Florentin. p. 300-304).
↑ Angelus Politianus (l. v. Epist. ult.) reckons thirty-seven (p. 192-200) civilians quoted in the Pandects — a learned, and, for his times, an extraordinary list. The Greek Index to the Pandects enumerates thirty-nine; and forty are produced by the indefatigable Fabricius (Bibliot. Græc. tom. iii. p. 488-502). Antoninus Augustus [leg. Antonius Augustinus] (de Nominibus propriis Pandect, apud Ludewig, p. 283) is said to have added fifty-four names; but they must be vague or second-hand references.
↑ The Στιχοί of the ancient Mss. may be strictly defined as sentences or periods of a complete sense, which, on the breadth of the parchment rolls or volumes, composed as many lines of unequal length. The number of Στιχοί in each book served as a check on the errors of the scribes (Ludewig, p. 211-215, and his original author Suicer. Thesaur. Ecclesiast. tom. i. p. 1021-1036).

[1] Πάνδεκται (general receivers) was a common title of the Greek miscellanies (Plin. Præfat. ad Hist. Natur.). The Digesta of Scævola, Marcellinus, Celsus, were already familiar to the civilians: but Justinian was in the wrong when he used the two appellations as synonymous. Is the word Pandects Greek or Latin — masculine or feminine? The diligent Brenckman will not presume to decide these momentous controversies (Hist. Pandect. Florentin. p. 300-304).

[2] Angelus Politianus (l. v. Epist. ult.) reckons thirty-seven (p. 192-200) civilians quoted in the Pandects — a learned, and, for his times, an extraordinary list. The Greek Index to the Pandects enumerates thirty-nine; and forty are produced by the indefatigable Fabricius (Bibliot. Græc. tom. iii. p. 488-502). Antoninus Augustus [leg. Antonius Augustinus] (de Nominibus propriis Pandect, apud Ludewig, p. 283) is said to have added fifty-four names; but they must be vague or second-hand references.

[3] The Στιχοί of the ancient Mss. may be strictly defined as sentences or periods of a complete sense, which, on the breadth of the parchment rolls or volumes, composed as many lines of unequal length. The number of Στιχοί in each book served as a check on the errors of the scribes (Ludewig, p. 211-215, and his original author Suicer. Thesaur. Ecclesiast. tom. i. p. 1021-1036).

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