JUSTINIAN THE GREAT 87 Digesta or Pandectse. 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 name of "Justinian's Institutes " Mean- time, while both the Digest and the Institutes were being prepared, the Code of 529 above mentioned was withdrawn from circulation and republished in 534 with some alterations, and especially with the addition of fifty new constitutions (known as the Quinquaginta Decisiones) which had in the interim been pro- nounced by Justinian. This new edition, in twelve books, is known as the Codex Repetitiae Proslectionis, and is the one which has come down to us, no copy of the earlier codex being extant. All these works (Code, Digest, Institutes) were written originally in Latin, and all of them were prepared with care and skill, and testify to the great ability of Tribonian and his co-editors. Upon the publication of the " Digest " Justinian declared by a constitution that all previous law-books and decisions were to be held as superseded and it was forbidden to refer to them in the practice of the courts. During the subsequent years of his reign Justinian pronounced from time to time several new constitutions or laws, some of them making very important changes in certain departments of the law. These (mostly in Greek) were collected and published under the title of " Novelise " (i.e., "The Novels " or " New Works"). There were, so far as can be ascertained, about one hundred and seventy of these Novels. The Institutes, Digest, Code, and Novels together make up what is known as the Corpus Juris Civilis. The character of Justinian has been much canvassed, and opinions are not agreed about it. Procopius, in two separate works, has painted him in very dif- ferent lights. Making allowance, however, for much exaggeration of his abilities by contemporary writers, it may be said that he contrasts favorably with most of the emperors, whether of the earlier or of the later Empire. If his personal vir- tues be open to doubt (and certainly vanity, avarice, and inconstancy were in no small degree characteristic of him), he, on the other hand, displayed undoubted ability as a ruler, and, in the main, just and upright intentions. He was easy of access, patient of hearing, courteous and affable in discourse, and perfect master of his temper. In the conspiracies against his authority and person he often showed both justice and clemency. He excelled in the private virtues of chastity and temperance ; his meals were short and frugal ; on solemn fasts he contented himself with water and vegetables, and he frequently passed two days and as many nights without tasting any food. He allowed himself little time for sleep, and was always up before the morning light. His restless application to business and to study, as well as the extent of his learning, have been attested even by his enemies. He was, or professed to be, a poet and philosopher, a lawyer and theo- logian, a musician and an architect ; but the brightest ornament of his reign is the
Page:Great Men and Famous Women Volume 3.djvu/135
This page needs to be proofread.