Page:The age of Justinian and Theodora (Volume 2).djvu/377

This page needs to be proofread.

and hence it was resolved to abolish it in favour of a revised edition, which should be perfected by the inclusion of all more recent legislation. A new Code was, therefore, published in 534 with an injunction that the first should be consigned to oblivion, and never again opened in the law courts.[1] Still, however, Justinian found an unlimited field for his legislative proclivities, and every year saw the promulgation of new Acts, until his energy began to succumb to senility. Most of the new enactments were called Novels, and many of them were elaborated at great length. For these compositions the Greek language was almost invariably used, but a contemporary Latin translation was made. More than one hundred and sixty of them remain, but some of them are in a fragmentary condition. In addition thirteen other pronouncements, named Edicts, are extant, and also the Pragmatic Sanction, of which an analysis has been given in connection with the annexation of Italy. Such are the four complements of Justinian's legislation, of which in bulk his own productions constitute about one fifth, but some considerable portion of the latter has probably been lost.[2]

  1. Cod., præf., 3. The fifty Decis. are scattered through the Code without clue to their location. One Merillus spent twenty years in trying to solve the crux of identifying them.
  2. Some jottings as to the practice of the bar in this age occur in Ammianus, xxx, 4; Jn. Lydus, De Magistr., ii, 17; and Agathias, iii, 1. From the first it seems that there were a great many pettifogging lawyers, who made a practice of fleecing clients by involving them in interminable litigation.