In process of time there also arose another species of law, called the prætorian edicts; which, although they ordinarily expired with the annual office of the prætor, who enacted them, and extended no further than his jurisdiction, were yet of great force and authority and many of them were so truly valuable for their justice and equity, that they have been perpetuated as laws.

:

These were the several principal parts of the Roman law, during the free state of the commonwealth; but, after the re-establishment of monarchy in the person of Augustus, the law received two additional parts; the imperial constitutions and the answers of the lawyers.

The constitutions soon became numerous, but were not framed into a body, till the reign of Constantine the great; when Gregorius and Hermogenes, both lawyers of eminence, collected in two codes the constitutions of the pagan emperors, from the reign of Adrian to that of Dioclesian inclusive: but these collections were not made by virtue of any public authority, and are not now

extant.

Another code was afterwards published by order of the emperor Theodosius the younger, which contained the constitutions of all the christian emperors, down to his own time; and this was generally received both in the eastern and western empires.

But these three codes were still far from being perfect; for the constitutions, contained in them, were often found to be contradictory; and they wanted, but too plainly, that regulation, which they afterwards underwent through the care of Justinian; who in the year of Christ 528 ordered the compilation of a new code, which was performed and published the year following by Tribonian and others; the three former codes being suppressed by the express ordinance of the emperor. When this work was thus expeditiously finished, the emperor next extended his care to the Roman law in general, in order to render it both concise and perfect. The answers and other writings of the ancient lawyers had long since acquired the full force of a law, and were now so numerous as to consist of near two thousand volumes; from which, by command of Justinian, the best and most equitable opinions were

scriba ejus, libertini filius, subreptum librum populo tradidit; et adeo gratum fuit id munus populo, ut Tribunus plebis fieret, Senator, et Edilis curulis, &c." ff. 1. t. 2. De orig. juris. Liv. lib. ix. sub. fin. Val. Max. lib. ii. cap. 5. Aul. Gell. lib. vi. c. 9.

Tully, in his oration for Murana, is remarkably severe upon these forms, and treats both them and their abettors with that just contempt, which they most certainly deserve. "Primum dignitas in tam tenui scientia quæ potest esse? res enim sunt parvæ; prope in singulis literis atque interpunctionibus occupatæ, &c. &c. &c." Pro Murana, cap. 6. Epist. ad Att. lib. vi. ep. 1. De oratore, lib. 1. cap. 41.

But, notwithstanding this, the use of particular forms was very strictly adhered to, till the reign of Constantine the emperor, who, to his great honor, put an end to these subtilities. His rescript to Marcellinus is in these words. "Juris formulæ, aucupatione syllabarum in

sidiantes, cunctorum actibus radicitus amputentur." Cod. 2. t. 58.

Gregorius and Hermogenes.] vid. Gothofredi prolegom. ad cod. Theodosia num, cap. 1, et Heineccii hist. jur. civ. lib. 1. cap. 5. sect. 368, &c.

"Hunc

By the express ordinance.] igitur codicem in æternum valiturum judicio tui culminis intimare perspeximus, ut sciant omnes tam litigatores quam disertissimi advocati, nullatenus eis licere de cætero constitutiones ex veteribus tribus codicibus, vel ex iis, quæ novellæ constitutiones ad præsens tempus vocabantur, in cognitionalibus recitare certaminibus, sed solum, eidem nostro codici insertis, constitutionibus necesse est uti; falsi crimini subdendis his, qui contra hoc facere ausi fuerint," &c. De Justinianeo codice confirmando.

Near two thousand volumes.] "Postea vero, maximum opus aggredientes,

chosen; and being first corrected, where correction was necessary, were afterwards divided into fifty books, called digests or pandects: and, that they might be the more firmly established, the emperor not only prohibited the use of all other law-books, but also forbid, that any comment should be written upon these his new digested laws, or that any transcript should be made of them with abbreviations. But, during the time of compiling the digests, it was thought expedient by Justinian, for the benefit of students, that an abridgment should be made of the whole Roman law; which work was soon performed in obedience to his order, and confirmed with the digests, under the title of institutions.

The emperor afterwards, upon mature deliberation, suppressed the first edition of his code, and published a second, which he entitled Codex repetitæ prælectionis, having omitted several useless laws, and inserted others, which were judged serviceable to the state.

The Justinian law now consisted of three parts, the institutions, the digests, and the second code. But the emperor, after the publication of the second code, continued from time to time to enact diverse new constitutions or novels, and also several edicts; all which were collected after his decease, and became a fourth part of the law.

The 13 edicts of Justinian and most of the novels were originally conceived in the Greek tongue; and so great was the decline of the Roman language at Constantinople within forty years after the death of this emperor, that his laws in general were not otherways intelligible to the major part of the people,

ipsa vetustatis studiosissima opera, jam pene confusa et dissoluta, eidem viro excelso (Triboniano) permisimus tam colligere quam certo moderamine tradere. Sed, cum omnia percontabamur, a præfato viro excelso suggestum, duo pene millia librorum esse conscripta, quæ necesse esset omnia et legere et perscrutari; quod cœlesti fulgore, et summæ trinitatis favore, confectum est, secundum nostra mandata, quæ ab initio ad memoratum virum excelsum fecimus, et in quinquaginta libros omne, quod utilissimum erat, collectum est; et omnes ambiguitates decisa, nullo seditioso relicto; nomenque libris imposuimus digestorum seu pandectarum." Cod. 1. t. 17. 1. 2. De vet. jur. enucl.

Prohibited the use of all other lawbooks.] "Has itaque leges et adorate et observate, omnibus antiquioribus quiescentibus, nemoque vestrum audeat vel comparare eas prioribus, vel, si quid dissonans in utroque est, requirere; quia omne, quod hic positum est, hoc unicum et solum observari censemus; nec in judicio nec in alio certamine, ubi leges necessariæ sunt, ex aliis libris, nisi ab institutionibus, nostrisque digestis, et constitutionibus a nobis compositis, aliquid vel recitare vel ostendere conetur; nisi temerator velit falsitatis crimini subjectus una cum judice, qui eorum andientiam patiatur, pænis gravissimis laborare." Cod. 1. t. 17. 1. 2. § 19.

"Hoc autem tempestivum nobis vide

tur et in præsenti sancire, ut nemo neque eorum, qui in præsenti juris peritiam habent, neque, qui postea fierent, audeat commentarios his legibus adnectere; nisi velit eas in Græcam vocem transformare sub eodem ordine eademque consequentia, sub qua et voce Romana positæ sunt; hoc quod Græci zutu Tradα dicunt," &c. Cod. 1. t. 17, 1. 2. § 21.

With abbreviations.] "Eandem autem pœnam falsitatis constituimus et adversus eos, qui in posterum leges nostras, per siglorum obscuritates, ausi fuerint conscribere; omnia enim, id est, et nomina prudentum, et titulos, et librorum numeros, per consequentias literarum volumus, non per sigla, manifestari." Cod. 1. t. 17. 1. 2. § 22.

"Leges

Confirmed with the Digests.] autem nostras, quæ in his codicibus, id est, institutionum seu elementorum et digestorum, posuimus, suum obtinere robur ex tertio nostro felicissimo sancimus consulatu præsentis duodecimæ indictionis, tertio calendas januarias, in omne ævum valituras, &c." Cod. 1. t. 17. 1. 2. § 23.

Suppressed the first edition of his code.] "Nemini in posterum concedimus, vel ex decisionibus nostris, vel ex aliis constitutionibus, quas antea fecimus, vel ex prima Justinianei codicis editione, aliquid recitare; sed, quod in præsenti purgato et renovato codice nos.

than by the assistance of a Greek version: but, notwithstanding this disadvantage, they still subsisted intire, till the publication of the Basilica, by which the east was governed, till the dissolution of the empire.

The laws published by Justinian were still successful in the west, where, even in the life-time of the emperor, they were not received universally; and, after the Lombard invasion, they became so totally neglected, that both the code and the pandects were lost, till the 12th century; when it is said, that the pantects were accidentally recovered at Ama!phi, and the code at Ravenna. But, as if fortune would make an atonement for her former severity, they have since been the study of the wisest men, and revered, as law, by the politest nations.

PROCEMIUM

DE

CONFIRMATIONE INSTITUTIONUM.

IN NOMINE DOMINI NOSTRI JESU CHRISTI.

IMPERATOR, CÆSAR FLAVIUS JUSTINIANUS, ALEMANICUS, GOTHICUS, FRANCICUS, GERMANICUS, ANTICUS, ALANICUS, VANDALICUS, AFRICANUS, PIUS, FELIX, INCLYTUS, VÍCTOR AC TRIUMPHATOR, SEMPER AUGUSTUS,-CUPIDÆ LEGUM JUVENTUTIS.

DE USU ARMORUM ET LEGUM.

IMPERATORIAM majestatem non solum armis decoratam, sed etiam legibus oportet esse armatam; ut utrumque tempus et bellorum et pacis recte possit gubernari et princeps Romanus non solum in hostilibus præliis victor existat, sed etiam per legitimos tramites calumniantium iniquitates expellat et fiat tam juris religiosisimus, quam, victis hostibus, triumphator magnificus.

The imperial dignity should not only be supported by arms, but guarded by laws, that the people may be properly governed in time of peace as well as war; for a Roman emperor ought not only to be victorious in the hostile field, but should take every legal course to expel the iniquities of men regardless of law; and become equally renowned for a religious observance of justice, as for warlike triumphs.

DE BELLIS ET LEGIBUS JUSTINIANI. I. Quorum utramque viam cum summis vigiliis, summaque providentia, annuente Deo, perfecimus et bellicos quidem sudores nostros barbaricæ gentes, sub juga nostra redactæ, cognoscunt et tam Africa, quam aliæ innumeræ provinciæ, post tanta temporum spatia, nostris victoriis a cælesti numine præstitis, ite

1. By our incessant labors, and the assistance of divine prov idence, we have pursued this double path: the Barbarian nations have acknowledged our prowess and submitted to our yoke; even Africa and many other provinces, after so long an interval, are again added to the Rcman empire: and yet this vast