and
Professor
of the Civil Law at Geneva, after- Viteb.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
It is, in ge- of the other manuscripts.
For this reason, the last
neral, free from contractions and abbreviations, four fragments of lib. 41, tit. 3, are wrongly con-
which were strictly forbidden by the emperor, but verted into a separate title, with the rubric de Sa
letters and parts of letters are sometimes made to luto. In the 20th and 22nd titles of the 48th
do double duty, as necesset for necesse esset (gemi- book, there are blanks in the Florentine manuscript,
nationes), and A3 for A B (monogrammata). The indicating the omission of several fragments, which
Florentine manuscript was for a long time at Pisa, were first restored by Cujas from the Basilica. The
and hence the glossators refer to its text as litera omissions exist in all the ancient manuscripts. In
Pisana (P. or Pi. ), in contradistinction to the com- general, where the text of the Florentine manu-
mon text (litera vulgata). Its history before it script presents insuperable difficulties, no assistance
arrived at Pisa, is doubtful. According to the tes is to be derived from the other manuscripts,
timony of Odofredus, who wrote in the 13th century, whereas they all, in many passages, retain the
it was brought to Pisa from Constantinople, and errors of the Florentine. Their variations are
Bartolus, in the 14th century, relates that it was nowhere so numerous and arbitrary as where the
always at Pisa. We are strongly inclined to put Florentine is defective or corrupt. Moreover, they
faith in the constant tradition that it was given to appear to be all later than the beginning of the
the Pisans by Lothario the Second, after the cap- twelfth century ; and, in general, the older they
ture of Amalfi, in A. D. 1135 (? ), as a memorial of are, the less they depart from the Florentine.
his gratitude to them for their aid against Roger In opposition to these facts, the supporters of the
the Norman. The truth or falsehood of this tra- conflicting theory adduce many passages of the
dition would be a matter of little importance, if it ordinary text in which the omissions and faults of
were not usually added, among other more apocry- the Florentine manuscript are corrected and sup-
phal embellishments, that Lothario directed the plied. Some of the variations are not improve
Digest to be taught in the schools, and to be re- ments, some may be ascribed to critical sagacity
garded as law in the courts, and that the Roman and happy conjecture, and some may have been
law had been completely forgotten, until the atten- drawn from the Basilica or other Eastern sources :
tion of the school of Bologna was turned to it by yet, in the list which Savigny has given, a few
the ordinance of the emperor, consequent upon the variations remain, which can scarcely be accounted
finding of the manuscript. (Sigonius, de Regno for in any of these ways. Passages from the Digest,
Ital. xi. in fine. ) It is certain that soon after the containing readings different from those of the Flo-
capture of Amalfi, the Roman law, which had long rentine manuscript, occur in canonists and other
been comparatively neglected, was brought into authors, anterior to the supposed discovery at
remarkable repute by the teaching of Irnerius, but | Amalfi. Four palimpsest leaves of a manuscript of
this resuscitation is attributed by Savigny to the the Digest, nearly as old as the Florentine, were
growing illumination of men's minds, and to that found at Naples by Gaupp, and an account of them
felt want of legal science which the progress of was published by him at Breslau, in 1823. They
commerce and civilisation naturally produces. He belong to the tenth book, but are nearly illegible.
thinks that civilisation, excited by these causes, In most of the manuscripts and early editions,
not by any sudden discovery, had only to put forth the Digest consists of three nearly equal volumes.
its arm and seize the sources of Roman law, which The first, comprehending lib. 1-24, tit. 2, is called
were previously obvious and ready for its grasp. Digestum Vetus; the second, comprehending lib.
Pisa was conquered by the Florentine Caponius, | 24, tit. 3—lib. 38, is called Infortiutum ; the third,
in 1406, and the manuscript was brought to Flo- comprehending lib. 39—lib. 50, is called Digestuin
## p. 672 (#688) ############################################
672
JUSTINIANITS.
JUSTINIANUS.
Novuin. The Digestum Vetus and Digestum Novum | 48 Dig. ), Bynkershoek, Noodt. The commentaries
are each again divided into two parts ; the second of Voet and Pothier are well knowu in this country.
part of the former beginning with the 12th book ; | The voluminous Meditationes in Pandectas of Ley-
the second part of the latter with the 45th. The serus, and the still more voluminous German Er.
Infortiatum is divided into three parts, of which läuterungen of Glück, with the continuations of
the second begins with the 30th book, and the Mühlenbruch and Reichardt, are interesting, as
third (strangely enough) with the words tres parles showing the construction put upon the law of the
occurring in the middle of a sentence, in Dig. 35, Digest, in cases that occur in modern practice.
tit. 2. §. 82. The third part of the Infortiatum is One of the most valuable works upon the Digest
hence called Tres Partes. The glossators often is Ant. Schulting's Notae ad Digesta, cum animad-
use the name Infortiatum for the first two parts versionibus Nic. Smallenberg, 7 vol. 8vo. Lug. Bat.
of the second volume, e. g. Infortiatum cum Tribus 1804-1835. Here the reader will find ample
Partibus ; and sometimes the Tres Partes are references to the work where the difficulties of the
attached to the Digestum Novum. In order to ex- text are best explained. The Pandectenrecht of
plain these peculiarities, many conjectures have Thibaut and the Doctrina Pandectarum of Müh-
been hazarded. It is most probable that the division lenbruch are not commentaries on the Digest, but
owes its origin partly to accident ; that the Di- are systematic expositions of the civil law, as it
gestum Vetus first came to the knowledge of the exists in Germany at this day.
earliest glossators ; that they were next furnished In Brenkmann's Historia Pandectarum will be
with the Digestum Novum; then with the Tres found a full account of the early state of the con-
Partes, which they added to the Digestum Novum; troversy relating to the history of the Florentine
and that then they got the Infortiatum, so called, manuscript The writings of Augustinus, Grandi,
perhaps, from its being forced in between the Tanucci, Guadagni, Schwartz, and others, who
others ; and that finally, in order to equalize the have signalised themselves in this field, are referred
size of the volumes, they attached the Tres Partes to in Walch's note on Eckhard's Ermeneutica
to the Infortiatum. The common opinion is that Juris, $ 74 ; and the researches of Savigny on the
the Infortiatum derived its name from having been same subject will be found in the second and third
reinforced by the Tres Partes.
volumes of his “ History of the Roman Law in the
The editions of the Digest, with reference to Middle Ages. " For detailed information as to
the character of their text, may be divided into editions of the Digest and Commentaries on that
three classes, the Florentine, the vulgate, and the work, Spangenberg's Einleitung, and Beck's Pro
mixed. Politianus and Bologninus had both care- dromus, may be consulted with advantage.
fully collated the Florentine manuscript, but no The earliest manuscript containing a portion of
edition represented the Florentine text before the the Constitutionum Codex is a palimpsest in the
year a. D. 1553, when the beautiful and celebrated Chapter House at Verona, and two of the 10th
edition of Laelius Taurellius (who, out of paternal century have been lately discovered by Blume at
affection, allowed his son Franciscus to name him- Pistoia and Monte Casino. In the early editions
self as the editor) was published at Florence. This the first nine books are separated from the other
edition is the basis of that given by Gebauer and three, which, relating principally to the public law
Spangenberg in their Corpus Juris Civilis, and of the Roman empire, were often inapplicable in
these editors had the advantage of referring to the practice under a different government. Hence, by
later collation of Brenkmann. The vulgate editions the glossators, the name Codex is given exclusively
have no existing standard text to refer to. The to the first nine books ; while the remainder are
ideal standard is the text formed by the glossators, designated by the name Tres Libri. At first the
as revised by Accursius. Their number is immense. inscriptiones and subscriptiones of the constitutions
The first known edition nf the Digestum Vetus was were almost always omitted, and the Greek con-
printed by Henricus Cla m (fol. Perusiae, 1476), stitutions were wanting. Haloander considerably
although Montfaucon (Bibl. MSS. p. 157) mentions improved the text, and was followed by Russardus.
the existence of an edition of 1473, of the first Cujas, Augustinus, and Contius, were of service in
and second parts of the Digest. The first edition restoring to their places the omitted constitutions
of the Infortiatum is that of Pücher (fol. Rom. (leges restitutae). Leunclavius (1575), Charondas
1475), and the first Digestum Novum was printed (1575), Pacius (1580), Dionysius Gothofredus
by Pücher (fol. Rom. 1476). In the early vulgate (1583), Petrus and Franciscus Pithoeus (Obs. ad
editions the Greek passages of the original are Cod. Par. fol. 1689), all contributed to the criticism
given for the most part in an old Latin translation, and restoration of the text; and in more modem
and the inscriptions prefixed to the extracts, and times, Biener, Witte, and the brothers Heimbach,
referring to the work and the author, are either im- have similarly distinguished themselves
perfect or wanting. Of the mixed editions, the The first edition of the first nine books was
earliest is that which was edited by Baublommius printed by P. Schoyffer (fol. Mogunt. 1475); and
(Paris, 1523, 1524), with the aid of the collation the Tres Libri first appeared (along with the No-
of Politianus, but the most celebrated is that of vells and the Libri Feudorum) at Rome (fol. 1476).
Haloander (4to. Nuremb. 1529), published with The first edition of the twelve books was given by
out the gloss. Haloander was, himself, a daring Haloander (fol. Noremb. 1530).
and adventurous critic, and made much use of the Cujas and Wissenbach are among the best com-
conjectural emendations of Budaeus and Alciatus. mentators on the Code. The commentaries of the
The commentators upon the Digest and upon latter comprise the first seven books (in lib. iv.
separate portions of it are extremely numerous. prior. 4to. Franeq. 1660; in lib. v. et vi. ib. 1664;
Among the most useful are Duarenus (Opera, Luc. in lib. vii. ib. 1664).
1765), Cujacius, Ant. Faber (Rationalia in Pan- For further particulars as to the other editions
dectos, Lugd. 1659—1663), Donellus, Ant. Mat- and commentators, reference may be made to Span-
thaeus (De Criminibus, Commentarius ad lib. 47 et genberg's Einleitung, Beck's Prodromus, Biener's
## p. 673 (#689) ############################################
JUSTINIANUS.
673
JUSTINIANUS.
:
Beiträge zur Revision der Justin. Cod. , and the out a translation ; but the Novells, which are con-
preface of S. Hermanni to his edition of the Code tained in Scrimger and not in Haloander, were
in the Leipzig edition of the Corpus Juris Civilis, translated by Agylaeus. (Supplementum Novel
commenced by the brothers Kriegel.
larum, Colon. 1560. )
An abstract of the first eight books of the Code, The labours of Contius constituted the next im-
made at latest in the 9th century, was discovered portant stage in the literary history of the Novells.
by Niebuhr at Perugia ; and this Summa Perusina He formed a Greek text from combining Haloander
has been edited by G. E. Heimbach, in the second and Scrimger. He formed a Latin text from the
volume of his Anecdota (fol. Lips. 1840).
Versio Vulgata, so far as he was acquainted with
We possess the Novells of Justinian in three it
. This he supplied by a translation from the
ancient forms ; the Latin Epitome of Julianus, of Greek, partly his own and partly compiled from
which we have already spoken (JULIANUS] ; an Haloander. He subjoined the matter contained in
ancient Latin translation (the Authenticum, or Julian's Epitome, so far as it was not contained
Versio Vulgata), containing 134 Novells, and the either in the Versio Vulgata or in the published
Greek collection, numbering 168 Novells.
Greek Novells. In this manner he made up the
Of the 134 Novells contained in the Versio Vul. 168 Latin Novells, which compose the stock of
gata, the glossators recognised only 97 as practically Novells in ordinary modern editions of the Corpus
useful, and these were the only Novells to which Juris Civilis.
they appended a gloss. As the Institutes, Digest, Contius published many editions of the Novells,
and Code, were divided into books and titles, the differing among themselves in a way which it is
glossators divided the 97 glossed Novells (which necessary to remark. Some of the editions con-
they arranged chronologically) into nine books, in- tained the gloss, and in these the 97 glossed
tended to correspond with the first nine books of Novells were arranged as usual in the old nine
the Code. These books were called collationes. collationes, while all the remaining Novells were
Under each collatio was placed a certain number of subjoined as a tenth collatio. An important change,
constitutions, and each constitution formed a sepa- however, took place in the unglossed edition of
rate title, except the 8th, which was divided into 1571. In this, Contius classed the 168 Novells
two titles. There were thus 98 titles. The rubrics with reference to their dates (though there are
of the constitutions, and the division into chapters some exceptions to the chronological order), and
and paragraphs, though not due to Justinian, were distributed them, so arranged, into nine collationes,
probably older than the glossators, and to be attri- and subdivided the collationes into titles. The
buted to the original collectors or translators. The same order was reproduced in the edition of 1581,
97 glossed Novells, thus divided, constituted the and has been followed ever since in all but the
liber ordinarius ; the remaining Novells of the glossed editions. From the account which we
duthenticum were called extravagantes or authen- have given, it will easily be conceived that great
ticae extraordinariae, and were divided into three confusion has been occasioned in references by the
collationes, to correspond with the last three books varieties of arrangement in different editions of the
of the Code: but, as they were not used in forensic Novells: for example, the 131st Novell of modem
practice, they soon ceased to be copied in the editions of the Corpus Juris Civilis forms, according
manuscripts. The oldest printed edition of the to the arrangement of Contius, the 14th title of the
versio vulgata is that of Vit. Pücher, containing the 9th collatio, while it was the 6th title of the 9th
97 Novells, with the gloss, followed by the last collatio of the old glossators.
three books of the Code (Rom. 1476).
Of modern editions since the time of Contius, it
The Greek collection of the Novells of Justinian | is unnecessary to say much. Under the title
was made for the use of the Oriental lawyers, pro- Novellae Constitutiones Justiniani, a Graeco in
bably under Tiberius II. , who reigned A. D. 578— Latinum versae opera Hombergk zu Vach (4to. Mar-
582. The Greek collection was not confined to con- burg, 1717), more is performed than is promised.
stitutions of Justinian. There are four of Justin The author presents to us not only a very good
II. , three of Tiberius II. , and four edicts (eparchica, new Latin translation, but the Greek text, and a
formae) of the praefectus urbi and praefectus prae series of Latin Novells from the versio vulguta, of
torio. A list of the rubrics of the 168 Novells was which the original Greek has not been preserved,
first printed in Latin by Cujas (Erposit. Novell. and valuable critical notes. The translation of
fol. Lugd. 1570), and the original Greek text of Hombergk zu Vach is the basis of that of Osen-
this list is given in the second volume of Heimbach's brüggen, the editor of the Novells in the Leipzig
Anecdota. It is called Index Reginae, from having Corpus Juris Civilis.
been found in the queen's library at Paris.
Among the best commentators upon the Novells
The Greek Novells were wholly unknown to the may be mentioned Cujas, Joach. Stephanus (Er-
glossators. Haloander was the first who published positio Novellarum, 8vo. Franc. 1608), and Mat-
them at Nuremburg, in 1531, from an imperfect thaeus Stephanus. (Commentarius Novellarum, 4to.
Florentine manuscript. Scrimger, a Scotchman Gryphsw. 1631. Cum notis Brunnemanni, 4to.
and Professor of the Civil Law at Geneva, after- Viteb. 1700, 4to. Lips. 1707. )
wards published them from a less imperfect Vene- G. E. Heimbach, in the first volume of his
tian manuscript. The collection of Scrimger was Anecdota, has published the remains of the ancient
printed by H. Stephanus at Geneva in 1558. commentators, Athanasius Scholasticus, Theodorus
Neither the Venetian nor the Florentine manuscript Hermopolitanus, Philoxenus, Symbatius, and Ano-
contains in full the 168 Novells. Sometimes the nymus.
mere title of an omitted Novell is inserted ; some- Much labour and learning have been recently
times only the number of the Novell is given, and expended in unravelling the intricacies of this part
the lacuna is marked by, asterisks.
of literary history, and in correcting the errors of
Haloander gave a Latin version of the Novells former writers on the Novells. Biener's Geschichte
he published. Scrimger published the Greek with | der Novellen Justinian's contains the most accurate
VOL. 11.
## p. 674 (#690) ############################################
674
JUSTINIANUS.
JUSTINIANUS.
and elabomte information upon this subject. G. E. , and finally settled by Accursius. It is of great
lleimbach's essay, De Origine et Futis Corporis practical importance, since, in the countries which
quod clxviii. Novellis Constitutiombus constat (8vo. adopted the civil law, the portions without the gloss
Lips. 1844), contains some questionable views. did not possess legal authority in the courts. Quod
Mortreueil has treated of the Novells in his His- non recipit glossa, id non recipit curia, was the general
toire du Droit Byzantin, vol. i. pp. 25-60. maxim. All the editions up to that of Claud. Che-
The separate Novells were designated by the vallon (12mo. Paris, 1525 — 1527) have the gloss.
glossators by the name Authenticae, but that word has The latest glossed edition is that of J. Fehius.
also another signitication, which it is necessary to (Lugd. 1627. ) This celebrated edition has on the
explain, in order to prevent the mistakes which have title-page of every volume (in allusion to the place of
sometimes occurred in consequence of this verbal its publication, Lyons) the representation of a living
ambiguity. In their lectures on the Institutes and lion, surrounded by bees, with the motto Er forti
the first nine books of the Code, the earliest glos- dulcedo. Hence it is known by the name Edition
Bators were accustomed to insert in the margin of du Lion Moucheté - a name also given to one of
their copies abbreviated extracts from such parts of the previous editions of D. Gothofredus. (Fol. Lugd.
the Novells as made alterations in the law contained 1589. ) The very valuable index of Daoyz is ap-
in the text. In reading the Digest, they referred pended as a sixth volume to the edition of J.
to the notes contnined in the margin of the Code. Fehius. Of the unglossed editions, some have notes
At a later period these abstracts were discontinued and some have none. Of the unglossed editions
in the Institutcs. In the Code they were taken with notes, the two most celebrated and useful are
from the margin, and placed under the text, where that of D. Godefroi and Van Leeuwen (2 vols. fol.
they still appear, distinguished by Italic type in apud Elzeviros, Amst. 1663), and that of Gebaner
most of the modern editions. They are called and Spangenberg (2 vols. 4to. Gotting. 1776, 1797).
Authenticae either, as some assert, from their repre- Of the editions without notes the most beautiful
senting the latest authentic state of the law, or and convenient is the well-known, but not very
from the name of the source whence they were correct 8vo. Elzevir of 1664, distinguished as the
taken, and which, in practice, they nearly super- Pars Secundus edition, from an error in p. 150.
seded. Certain capitularies of Frederic I. and Two editions by Beck, one in 4to. and one in 5
Frederic II. , emperors of Germany, about the end vols. 8vo. , were published at Leipzig in 1825–
of the 12th century, were treated by the glossators 1836. The latest edition is that which was com-
as Novells, and thirteen extracts taken from them menced by the brothers Kriegel in 1833, and com-
are inserted in the Code, with the inscription pleted in 1840, Hermanni having edited the Code,
“ Nova Constitutio Frederici. ” They are known and Osenbrüggen the Novells. The edition under-
by the name Authenticae Fredericianae.
taken by Schrader and other eminent scholars will,
The collections of Justinian, together with some if completed as it has been begun, supersede for
later appendages, formed into one great work, are some purposes all that have gone before it. The
commonly known by the name Corpus Juris Civilis. old editions of Contius, Russardus, Charondas and
The later appendages are really arbitrary and mis- Pacius, are sought for by critics. A more complete
placed additions, having no proper connection with enumeration of the editions of the collective Corpus
the law of Justinian, and they vary in different Juris Civilis will be found in Böcking's Instituti-
editions. They consist, for the most part, of a onen, p. 85–88.
collection of constitutions of Leo the Philosopher, There is a French translation of the whole
anterior to A. D. 893; of some other constitutions Corpus, with the Latin text en regard, published
of Byzantine emperors, from the 7th to the 14th at Paris 1805–1811. In this work we have :
century; of the so-called Canones Sanctorum Apos-1. The Institutes, by Hulot, 1 vol. 4to. or 5 vols.
tolorum ; of the Feudorum Consuetudines ; a few 8vo. ; 2. The Digest, by Hulot and Berthelot, 7
constitutions of German and French monarchs; vols. 4to. or 35 vols. i2mo. ; 3. The Code, by
and the Liber de Pace Constantiae.
Tissot, 4 vols. 4to. or 18 vols. 12mo. ; 5. The No-
The expression Corpus Juris was employed by vells, by Berenger, 2 vols. 4to. or 10 vols. 12mo. ,
Justinian himself (Cod. 5. tit. 13. s. 1); but the to which is appended, 6. La Clef des Lois Romaines,
earliest editions of the whole of his legal collections ou Dictionnaire, &c. , 2 vols. 4to. There is also a
have no single title. Russardus first chose the title German translation of the whole Corpus, by a
Jus Civile. The modern name Corpus Juris Civilis society of savans, edited by C. E. Otto, Bruno
appears first in D. Godefroi's edition of 1583, Schilling, and C. F. F. Sintenis (7 vols. 8vo. Lips.
though the phrase had been employed by others 1830–1833).
[J. T. G. ]
before him. The old glossed editions consist of
THE COINS OF JUSTINIAN.
five volumes, folio (usually bound in five different
colours), namely: 1. Digestum Vetus ; 2. Inforti- The coins of Justinian, which are very nume-
atum ; 3. Digestum Novum ; 4. The Codex, i. e. rous, have been explained in an interesting mono-
the first nine books of the Code ; 5. Volumen, or gram entitled, “ Die Münzen Justinians, mit
Volumen Parvum, or Volumen Legum Parvum, sechs Kupfertafeln," by M. Pinder and J. Fried-
containing the Tres Libri, the Authenticae, and the länder, Berlin, 1843. These writers give a satis-
Institutiones. The latter had a separate title-page, factory explanation of the letters CONOB, which
and was sometimes bound as a separate volume, frequently appear on the coins of the Byzantine
distinct from the Volumen. This arrangement was emperors, and which have given rise to much dis-
first departed from by R. Stephanus in his edition pute. That con should be separated from oB, and
of the Digest in five instead of three volumes (8vo. and that they signify Constantinople, seems clear
Paris, 1527—1528). The editions of the Corpus from the legends AQOB, TESOB, and TROB, which
Juris Civilis may be divided into the glossed and indicate respectively the towns of Aquileia, Thessa-
the unglossed. The gloss is an annotation which lonica, and Treves. The above-mentioned writers
was gradually formed in the school of Bologna, suppose that OB represent the Greek nunerals, and
## p. 675 (#691) ############################################
JUSTINIANUS.
675
JUSTINIANUS.
that they consequently indicate the number 72. ) is very remarkable in the history of the Eastern
In the time of Augustus forty gold coins (uurei or empire. The civil wars by which the empire of
solidi) were equal to a pound ; but as these coins the Arabs was shaken compelling the khalif to
were struck lighter and lighter, it was at length cease making war without his realm, in order to
enacted by Valentinian I. in A. D. 367 (Cod. 10. obtain peace within, he bound himself to pay a
tit. 72 (70), s. 5), that henceforth 72 solidi should daily“ tribute of 1000 pieces of gold, one slave,
be coined out of a pound of gold ; and we accord- and one horse of noble breed. " The en. peror in his
ingly find conob for the first time on the coins of turn ceded to the khalif one moiety of the income
the latter emperor.
of Armenia, Iberia (in the Caucasus), and Cyprus,
In the reign of Justinian the custom was first which were henceforth held in joint occupancy by
introduced of indicating on the coins the number of the two monarchs, and he promised to employ his
the year of the emperor's reign. This practice be- forces and authority in compelling the Mardaites or
gan in the twelfth year of Justinian's reign, and Maronites, in Mount Lebanon, to refrain from mo-
explains the reason why Justinian enacted, in the lesting the Arabs. This promise was a great
eleventh year of his reign, that in future all official political blunder, the consequences of which are
documents were to contain in them the year of the still felt by the inhabitants of the Lebanon and Syria.
emperor's reign. (Novella, 47. ) In the same year Leontius, one of the most distinguished generals of
another change was made in the coins. Hitherto the Greeks, and afterwards emperor, having been
they had represented the emperor as a warrior with charged with executing the treaty in the case of
a lance ; but Justinian, who carried on his wars by the Maronites, assassinated their chief Joannes,
means of his generals, and who was more interested compelled the people to take the oath of allegiance,
personally in legislation, theological disputes, and and persuaded 10,000 Maronites to leave their na-
public buildings, caused himself to be represented tive mountains with their wives and children, and
with the imperial globe and no longer as a warrior. to settle in Thrace and Armenia. Until then the
The drawing below represents a medal of Justi- Christian Maronites had been a barrier against the
nian, which was found by the Turks among the progress of the Arabs in these quarters, and no
ruins of Caesareia, in Cappadocia, in the year 1751. sooner were they thus dispersed than the Moham-
It was carried to Constantinople, where it was medans obtained a firm footing in the Taurus and
bought by Desalleurs, who presented it to Louis Anti-Taurus, and found themselves enabled to in-
XV. . It was stolen from the royal collection at vade Asia Minor at their leisure. It is true the
Paris, in the year 1832, but an engraving of it had Maronites never lost their independence entirely,
been previously given by De Boze, in the Mémoires but other tribes, hostile to them, settled in
de l'Académie des Inscriptions et Belles Lettres, vol. Lebanon ; and they continued to be what they
xxvi. p. 523. Its loss is the more to be deplored, still are, an outpost surrounded by the enemies of
as it is the only specimen known to be in existence. Christianity, scarcely able to maintain themselves
The obverse represents the head of Justinian with on their native rocks, and unable to make a step
the legend D N IVSTINIANVS PP AVG: he wears a beyond them.
richly adorned helmet, behind which is the nimbus, It was expected that the energy which young
and holds in his right hand a spear. On the re- Justinian had shown on many occasions would lead
verse the emperor is riding on a horse, adorned him to perform great and good actions ; but his
with pearls ; the helmet, the nimbus, the spear, bad character soon became manifest, and caused
and the dress, correspond to the representation on a universal and deep disappointment throughout
the obverse : before him walks Victory, looking his dominions. Instead of establishing peace in
round at him, and carrying in her left hand a the church, he caused new dissensions through his
trophy: by the side of Justinian's head a star ap- intolerance : the Manichaeans were cruelly per-
pears. The legend is SALVS ET GLORIA ROMANO- secuted ; many thousands were put to death by
This medal was struck probably in the early the sword or by fire ; and the remainder were
years of the emperor's reign, as the face is that of driven into merciless exile. In 688 he broke the
a young man, and the obverse resembles what we peace with the Bulgarians, and obtained a splendid
find on the early coins of Justinian. De Boze victory over them; but having allowed himself to
thinks that it has reference to the Persian vic- be surprised by another army, he was totally
tories.
routed, lost half of his troops, and fled in confusion
to Constantinople. About the same time the Arabs
set out for their fourth invasion of Africa. Justi-
nian exerted himself with great activity in opposing
their designs ; a numerous fleet carrying a strong
body of troops, left Constantinople, and, being
reinforced by the garrisons of Sicily, compelled
the Arabs to retreat in haste to their native country.
Instead of availing himself of his success, Justinian
foolishly gave up his joint occupancy of Cyprus,
CONOD
which was forth with seized by the Arabs, who,
encouraged by the strange conduct of the emperor,
invaded Asia Minor and Mesopotamia in 692, and
JUSTINIANUS II. , surnamed RHINO- in the following year conquered all Armenia. Jus-
TMETUS (he whose nose is cut off), emperor of tinian consoled himself with pleasures, and found
the East (A. D. 685-695 and 704–711), suc-relief in torturing his subjects. His luxury, es-
ceeded his father Constantine IV. Pogonatus, in pecially his love of erecting magnificent buildings,
the month of September, A. D. 685, at the age of in which he rivalled his great namesake Justinian
sixteen. Soon after his accession he made a truce | I.
neral, free from contractions and abbreviations, four fragments of lib. 41, tit. 3, are wrongly con-
which were strictly forbidden by the emperor, but verted into a separate title, with the rubric de Sa
letters and parts of letters are sometimes made to luto. In the 20th and 22nd titles of the 48th
do double duty, as necesset for necesse esset (gemi- book, there are blanks in the Florentine manuscript,
nationes), and A3 for A B (monogrammata). The indicating the omission of several fragments, which
Florentine manuscript was for a long time at Pisa, were first restored by Cujas from the Basilica. The
and hence the glossators refer to its text as litera omissions exist in all the ancient manuscripts. In
Pisana (P. or Pi. ), in contradistinction to the com- general, where the text of the Florentine manu-
mon text (litera vulgata). Its history before it script presents insuperable difficulties, no assistance
arrived at Pisa, is doubtful. According to the tes is to be derived from the other manuscripts,
timony of Odofredus, who wrote in the 13th century, whereas they all, in many passages, retain the
it was brought to Pisa from Constantinople, and errors of the Florentine. Their variations are
Bartolus, in the 14th century, relates that it was nowhere so numerous and arbitrary as where the
always at Pisa. We are strongly inclined to put Florentine is defective or corrupt. Moreover, they
faith in the constant tradition that it was given to appear to be all later than the beginning of the
the Pisans by Lothario the Second, after the cap- twelfth century ; and, in general, the older they
ture of Amalfi, in A. D. 1135 (? ), as a memorial of are, the less they depart from the Florentine.
his gratitude to them for their aid against Roger In opposition to these facts, the supporters of the
the Norman. The truth or falsehood of this tra- conflicting theory adduce many passages of the
dition would be a matter of little importance, if it ordinary text in which the omissions and faults of
were not usually added, among other more apocry- the Florentine manuscript are corrected and sup-
phal embellishments, that Lothario directed the plied. Some of the variations are not improve
Digest to be taught in the schools, and to be re- ments, some may be ascribed to critical sagacity
garded as law in the courts, and that the Roman and happy conjecture, and some may have been
law had been completely forgotten, until the atten- drawn from the Basilica or other Eastern sources :
tion of the school of Bologna was turned to it by yet, in the list which Savigny has given, a few
the ordinance of the emperor, consequent upon the variations remain, which can scarcely be accounted
finding of the manuscript. (Sigonius, de Regno for in any of these ways. Passages from the Digest,
Ital. xi. in fine. ) It is certain that soon after the containing readings different from those of the Flo-
capture of Amalfi, the Roman law, which had long rentine manuscript, occur in canonists and other
been comparatively neglected, was brought into authors, anterior to the supposed discovery at
remarkable repute by the teaching of Irnerius, but | Amalfi. Four palimpsest leaves of a manuscript of
this resuscitation is attributed by Savigny to the the Digest, nearly as old as the Florentine, were
growing illumination of men's minds, and to that found at Naples by Gaupp, and an account of them
felt want of legal science which the progress of was published by him at Breslau, in 1823. They
commerce and civilisation naturally produces. He belong to the tenth book, but are nearly illegible.
thinks that civilisation, excited by these causes, In most of the manuscripts and early editions,
not by any sudden discovery, had only to put forth the Digest consists of three nearly equal volumes.
its arm and seize the sources of Roman law, which The first, comprehending lib. 1-24, tit. 2, is called
were previously obvious and ready for its grasp. Digestum Vetus; the second, comprehending lib.
Pisa was conquered by the Florentine Caponius, | 24, tit. 3—lib. 38, is called Infortiutum ; the third,
in 1406, and the manuscript was brought to Flo- comprehending lib. 39—lib. 50, is called Digestuin
## p. 672 (#688) ############################################
672
JUSTINIANITS.
JUSTINIANUS.
Novuin. The Digestum Vetus and Digestum Novum | 48 Dig. ), Bynkershoek, Noodt. The commentaries
are each again divided into two parts ; the second of Voet and Pothier are well knowu in this country.
part of the former beginning with the 12th book ; | The voluminous Meditationes in Pandectas of Ley-
the second part of the latter with the 45th. The serus, and the still more voluminous German Er.
Infortiatum is divided into three parts, of which läuterungen of Glück, with the continuations of
the second begins with the 30th book, and the Mühlenbruch and Reichardt, are interesting, as
third (strangely enough) with the words tres parles showing the construction put upon the law of the
occurring in the middle of a sentence, in Dig. 35, Digest, in cases that occur in modern practice.
tit. 2. §. 82. The third part of the Infortiatum is One of the most valuable works upon the Digest
hence called Tres Partes. The glossators often is Ant. Schulting's Notae ad Digesta, cum animad-
use the name Infortiatum for the first two parts versionibus Nic. Smallenberg, 7 vol. 8vo. Lug. Bat.
of the second volume, e. g. Infortiatum cum Tribus 1804-1835. Here the reader will find ample
Partibus ; and sometimes the Tres Partes are references to the work where the difficulties of the
attached to the Digestum Novum. In order to ex- text are best explained. The Pandectenrecht of
plain these peculiarities, many conjectures have Thibaut and the Doctrina Pandectarum of Müh-
been hazarded. It is most probable that the division lenbruch are not commentaries on the Digest, but
owes its origin partly to accident ; that the Di- are systematic expositions of the civil law, as it
gestum Vetus first came to the knowledge of the exists in Germany at this day.
earliest glossators ; that they were next furnished In Brenkmann's Historia Pandectarum will be
with the Digestum Novum; then with the Tres found a full account of the early state of the con-
Partes, which they added to the Digestum Novum; troversy relating to the history of the Florentine
and that then they got the Infortiatum, so called, manuscript The writings of Augustinus, Grandi,
perhaps, from its being forced in between the Tanucci, Guadagni, Schwartz, and others, who
others ; and that finally, in order to equalize the have signalised themselves in this field, are referred
size of the volumes, they attached the Tres Partes to in Walch's note on Eckhard's Ermeneutica
to the Infortiatum. The common opinion is that Juris, $ 74 ; and the researches of Savigny on the
the Infortiatum derived its name from having been same subject will be found in the second and third
reinforced by the Tres Partes.
volumes of his “ History of the Roman Law in the
The editions of the Digest, with reference to Middle Ages. " For detailed information as to
the character of their text, may be divided into editions of the Digest and Commentaries on that
three classes, the Florentine, the vulgate, and the work, Spangenberg's Einleitung, and Beck's Pro
mixed. Politianus and Bologninus had both care- dromus, may be consulted with advantage.
fully collated the Florentine manuscript, but no The earliest manuscript containing a portion of
edition represented the Florentine text before the the Constitutionum Codex is a palimpsest in the
year a. D. 1553, when the beautiful and celebrated Chapter House at Verona, and two of the 10th
edition of Laelius Taurellius (who, out of paternal century have been lately discovered by Blume at
affection, allowed his son Franciscus to name him- Pistoia and Monte Casino. In the early editions
self as the editor) was published at Florence. This the first nine books are separated from the other
edition is the basis of that given by Gebauer and three, which, relating principally to the public law
Spangenberg in their Corpus Juris Civilis, and of the Roman empire, were often inapplicable in
these editors had the advantage of referring to the practice under a different government. Hence, by
later collation of Brenkmann. The vulgate editions the glossators, the name Codex is given exclusively
have no existing standard text to refer to. The to the first nine books ; while the remainder are
ideal standard is the text formed by the glossators, designated by the name Tres Libri. At first the
as revised by Accursius. Their number is immense. inscriptiones and subscriptiones of the constitutions
The first known edition nf the Digestum Vetus was were almost always omitted, and the Greek con-
printed by Henricus Cla m (fol. Perusiae, 1476), stitutions were wanting. Haloander considerably
although Montfaucon (Bibl. MSS. p. 157) mentions improved the text, and was followed by Russardus.
the existence of an edition of 1473, of the first Cujas, Augustinus, and Contius, were of service in
and second parts of the Digest. The first edition restoring to their places the omitted constitutions
of the Infortiatum is that of Pücher (fol. Rom. (leges restitutae). Leunclavius (1575), Charondas
1475), and the first Digestum Novum was printed (1575), Pacius (1580), Dionysius Gothofredus
by Pücher (fol. Rom. 1476). In the early vulgate (1583), Petrus and Franciscus Pithoeus (Obs. ad
editions the Greek passages of the original are Cod. Par. fol. 1689), all contributed to the criticism
given for the most part in an old Latin translation, and restoration of the text; and in more modem
and the inscriptions prefixed to the extracts, and times, Biener, Witte, and the brothers Heimbach,
referring to the work and the author, are either im- have similarly distinguished themselves
perfect or wanting. Of the mixed editions, the The first edition of the first nine books was
earliest is that which was edited by Baublommius printed by P. Schoyffer (fol. Mogunt. 1475); and
(Paris, 1523, 1524), with the aid of the collation the Tres Libri first appeared (along with the No-
of Politianus, but the most celebrated is that of vells and the Libri Feudorum) at Rome (fol. 1476).
Haloander (4to. Nuremb. 1529), published with The first edition of the twelve books was given by
out the gloss. Haloander was, himself, a daring Haloander (fol. Noremb. 1530).
and adventurous critic, and made much use of the Cujas and Wissenbach are among the best com-
conjectural emendations of Budaeus and Alciatus. mentators on the Code. The commentaries of the
The commentators upon the Digest and upon latter comprise the first seven books (in lib. iv.
separate portions of it are extremely numerous. prior. 4to. Franeq. 1660; in lib. v. et vi. ib. 1664;
Among the most useful are Duarenus (Opera, Luc. in lib. vii. ib. 1664).
1765), Cujacius, Ant. Faber (Rationalia in Pan- For further particulars as to the other editions
dectos, Lugd. 1659—1663), Donellus, Ant. Mat- and commentators, reference may be made to Span-
thaeus (De Criminibus, Commentarius ad lib. 47 et genberg's Einleitung, Beck's Prodromus, Biener's
## p. 673 (#689) ############################################
JUSTINIANUS.
673
JUSTINIANUS.
:
Beiträge zur Revision der Justin. Cod. , and the out a translation ; but the Novells, which are con-
preface of S. Hermanni to his edition of the Code tained in Scrimger and not in Haloander, were
in the Leipzig edition of the Corpus Juris Civilis, translated by Agylaeus. (Supplementum Novel
commenced by the brothers Kriegel.
larum, Colon. 1560. )
An abstract of the first eight books of the Code, The labours of Contius constituted the next im-
made at latest in the 9th century, was discovered portant stage in the literary history of the Novells.
by Niebuhr at Perugia ; and this Summa Perusina He formed a Greek text from combining Haloander
has been edited by G. E. Heimbach, in the second and Scrimger. He formed a Latin text from the
volume of his Anecdota (fol. Lips. 1840).
Versio Vulgata, so far as he was acquainted with
We possess the Novells of Justinian in three it
. This he supplied by a translation from the
ancient forms ; the Latin Epitome of Julianus, of Greek, partly his own and partly compiled from
which we have already spoken (JULIANUS] ; an Haloander. He subjoined the matter contained in
ancient Latin translation (the Authenticum, or Julian's Epitome, so far as it was not contained
Versio Vulgata), containing 134 Novells, and the either in the Versio Vulgata or in the published
Greek collection, numbering 168 Novells.
Greek Novells. In this manner he made up the
Of the 134 Novells contained in the Versio Vul. 168 Latin Novells, which compose the stock of
gata, the glossators recognised only 97 as practically Novells in ordinary modern editions of the Corpus
useful, and these were the only Novells to which Juris Civilis.
they appended a gloss. As the Institutes, Digest, Contius published many editions of the Novells,
and Code, were divided into books and titles, the differing among themselves in a way which it is
glossators divided the 97 glossed Novells (which necessary to remark. Some of the editions con-
they arranged chronologically) into nine books, in- tained the gloss, and in these the 97 glossed
tended to correspond with the first nine books of Novells were arranged as usual in the old nine
the Code. These books were called collationes. collationes, while all the remaining Novells were
Under each collatio was placed a certain number of subjoined as a tenth collatio. An important change,
constitutions, and each constitution formed a sepa- however, took place in the unglossed edition of
rate title, except the 8th, which was divided into 1571. In this, Contius classed the 168 Novells
two titles. There were thus 98 titles. The rubrics with reference to their dates (though there are
of the constitutions, and the division into chapters some exceptions to the chronological order), and
and paragraphs, though not due to Justinian, were distributed them, so arranged, into nine collationes,
probably older than the glossators, and to be attri- and subdivided the collationes into titles. The
buted to the original collectors or translators. The same order was reproduced in the edition of 1581,
97 glossed Novells, thus divided, constituted the and has been followed ever since in all but the
liber ordinarius ; the remaining Novells of the glossed editions. From the account which we
duthenticum were called extravagantes or authen- have given, it will easily be conceived that great
ticae extraordinariae, and were divided into three confusion has been occasioned in references by the
collationes, to correspond with the last three books varieties of arrangement in different editions of the
of the Code: but, as they were not used in forensic Novells: for example, the 131st Novell of modem
practice, they soon ceased to be copied in the editions of the Corpus Juris Civilis forms, according
manuscripts. The oldest printed edition of the to the arrangement of Contius, the 14th title of the
versio vulgata is that of Vit. Pücher, containing the 9th collatio, while it was the 6th title of the 9th
97 Novells, with the gloss, followed by the last collatio of the old glossators.
three books of the Code (Rom. 1476).
Of modern editions since the time of Contius, it
The Greek collection of the Novells of Justinian | is unnecessary to say much. Under the title
was made for the use of the Oriental lawyers, pro- Novellae Constitutiones Justiniani, a Graeco in
bably under Tiberius II. , who reigned A. D. 578— Latinum versae opera Hombergk zu Vach (4to. Mar-
582. The Greek collection was not confined to con- burg, 1717), more is performed than is promised.
stitutions of Justinian. There are four of Justin The author presents to us not only a very good
II. , three of Tiberius II. , and four edicts (eparchica, new Latin translation, but the Greek text, and a
formae) of the praefectus urbi and praefectus prae series of Latin Novells from the versio vulguta, of
torio. A list of the rubrics of the 168 Novells was which the original Greek has not been preserved,
first printed in Latin by Cujas (Erposit. Novell. and valuable critical notes. The translation of
fol. Lugd. 1570), and the original Greek text of Hombergk zu Vach is the basis of that of Osen-
this list is given in the second volume of Heimbach's brüggen, the editor of the Novells in the Leipzig
Anecdota. It is called Index Reginae, from having Corpus Juris Civilis.
been found in the queen's library at Paris.
Among the best commentators upon the Novells
The Greek Novells were wholly unknown to the may be mentioned Cujas, Joach. Stephanus (Er-
glossators. Haloander was the first who published positio Novellarum, 8vo. Franc. 1608), and Mat-
them at Nuremburg, in 1531, from an imperfect thaeus Stephanus. (Commentarius Novellarum, 4to.
Florentine manuscript. Scrimger, a Scotchman Gryphsw. 1631. Cum notis Brunnemanni, 4to.
and Professor of the Civil Law at Geneva, after- Viteb. 1700, 4to. Lips. 1707. )
wards published them from a less imperfect Vene- G. E. Heimbach, in the first volume of his
tian manuscript. The collection of Scrimger was Anecdota, has published the remains of the ancient
printed by H. Stephanus at Geneva in 1558. commentators, Athanasius Scholasticus, Theodorus
Neither the Venetian nor the Florentine manuscript Hermopolitanus, Philoxenus, Symbatius, and Ano-
contains in full the 168 Novells. Sometimes the nymus.
mere title of an omitted Novell is inserted ; some- Much labour and learning have been recently
times only the number of the Novell is given, and expended in unravelling the intricacies of this part
the lacuna is marked by, asterisks.
of literary history, and in correcting the errors of
Haloander gave a Latin version of the Novells former writers on the Novells. Biener's Geschichte
he published. Scrimger published the Greek with | der Novellen Justinian's contains the most accurate
VOL. 11.
## p. 674 (#690) ############################################
674
JUSTINIANUS.
JUSTINIANUS.
and elabomte information upon this subject. G. E. , and finally settled by Accursius. It is of great
lleimbach's essay, De Origine et Futis Corporis practical importance, since, in the countries which
quod clxviii. Novellis Constitutiombus constat (8vo. adopted the civil law, the portions without the gloss
Lips. 1844), contains some questionable views. did not possess legal authority in the courts. Quod
Mortreueil has treated of the Novells in his His- non recipit glossa, id non recipit curia, was the general
toire du Droit Byzantin, vol. i. pp. 25-60. maxim. All the editions up to that of Claud. Che-
The separate Novells were designated by the vallon (12mo. Paris, 1525 — 1527) have the gloss.
glossators by the name Authenticae, but that word has The latest glossed edition is that of J. Fehius.
also another signitication, which it is necessary to (Lugd. 1627. ) This celebrated edition has on the
explain, in order to prevent the mistakes which have title-page of every volume (in allusion to the place of
sometimes occurred in consequence of this verbal its publication, Lyons) the representation of a living
ambiguity. In their lectures on the Institutes and lion, surrounded by bees, with the motto Er forti
the first nine books of the Code, the earliest glos- dulcedo. Hence it is known by the name Edition
Bators were accustomed to insert in the margin of du Lion Moucheté - a name also given to one of
their copies abbreviated extracts from such parts of the previous editions of D. Gothofredus. (Fol. Lugd.
the Novells as made alterations in the law contained 1589. ) The very valuable index of Daoyz is ap-
in the text. In reading the Digest, they referred pended as a sixth volume to the edition of J.
to the notes contnined in the margin of the Code. Fehius. Of the unglossed editions, some have notes
At a later period these abstracts were discontinued and some have none. Of the unglossed editions
in the Institutcs. In the Code they were taken with notes, the two most celebrated and useful are
from the margin, and placed under the text, where that of D. Godefroi and Van Leeuwen (2 vols. fol.
they still appear, distinguished by Italic type in apud Elzeviros, Amst. 1663), and that of Gebaner
most of the modern editions. They are called and Spangenberg (2 vols. 4to. Gotting. 1776, 1797).
Authenticae either, as some assert, from their repre- Of the editions without notes the most beautiful
senting the latest authentic state of the law, or and convenient is the well-known, but not very
from the name of the source whence they were correct 8vo. Elzevir of 1664, distinguished as the
taken, and which, in practice, they nearly super- Pars Secundus edition, from an error in p. 150.
seded. Certain capitularies of Frederic I. and Two editions by Beck, one in 4to. and one in 5
Frederic II. , emperors of Germany, about the end vols. 8vo. , were published at Leipzig in 1825–
of the 12th century, were treated by the glossators 1836. The latest edition is that which was com-
as Novells, and thirteen extracts taken from them menced by the brothers Kriegel in 1833, and com-
are inserted in the Code, with the inscription pleted in 1840, Hermanni having edited the Code,
“ Nova Constitutio Frederici. ” They are known and Osenbrüggen the Novells. The edition under-
by the name Authenticae Fredericianae.
taken by Schrader and other eminent scholars will,
The collections of Justinian, together with some if completed as it has been begun, supersede for
later appendages, formed into one great work, are some purposes all that have gone before it. The
commonly known by the name Corpus Juris Civilis. old editions of Contius, Russardus, Charondas and
The later appendages are really arbitrary and mis- Pacius, are sought for by critics. A more complete
placed additions, having no proper connection with enumeration of the editions of the collective Corpus
the law of Justinian, and they vary in different Juris Civilis will be found in Böcking's Instituti-
editions. They consist, for the most part, of a onen, p. 85–88.
collection of constitutions of Leo the Philosopher, There is a French translation of the whole
anterior to A. D. 893; of some other constitutions Corpus, with the Latin text en regard, published
of Byzantine emperors, from the 7th to the 14th at Paris 1805–1811. In this work we have :
century; of the so-called Canones Sanctorum Apos-1. The Institutes, by Hulot, 1 vol. 4to. or 5 vols.
tolorum ; of the Feudorum Consuetudines ; a few 8vo. ; 2. The Digest, by Hulot and Berthelot, 7
constitutions of German and French monarchs; vols. 4to. or 35 vols. i2mo. ; 3. The Code, by
and the Liber de Pace Constantiae.
Tissot, 4 vols. 4to. or 18 vols. 12mo. ; 5. The No-
The expression Corpus Juris was employed by vells, by Berenger, 2 vols. 4to. or 10 vols. 12mo. ,
Justinian himself (Cod. 5. tit. 13. s. 1); but the to which is appended, 6. La Clef des Lois Romaines,
earliest editions of the whole of his legal collections ou Dictionnaire, &c. , 2 vols. 4to. There is also a
have no single title. Russardus first chose the title German translation of the whole Corpus, by a
Jus Civile. The modern name Corpus Juris Civilis society of savans, edited by C. E. Otto, Bruno
appears first in D. Godefroi's edition of 1583, Schilling, and C. F. F. Sintenis (7 vols. 8vo. Lips.
though the phrase had been employed by others 1830–1833).
[J. T. G. ]
before him. The old glossed editions consist of
THE COINS OF JUSTINIAN.
five volumes, folio (usually bound in five different
colours), namely: 1. Digestum Vetus ; 2. Inforti- The coins of Justinian, which are very nume-
atum ; 3. Digestum Novum ; 4. The Codex, i. e. rous, have been explained in an interesting mono-
the first nine books of the Code ; 5. Volumen, or gram entitled, “ Die Münzen Justinians, mit
Volumen Parvum, or Volumen Legum Parvum, sechs Kupfertafeln," by M. Pinder and J. Fried-
containing the Tres Libri, the Authenticae, and the länder, Berlin, 1843. These writers give a satis-
Institutiones. The latter had a separate title-page, factory explanation of the letters CONOB, which
and was sometimes bound as a separate volume, frequently appear on the coins of the Byzantine
distinct from the Volumen. This arrangement was emperors, and which have given rise to much dis-
first departed from by R. Stephanus in his edition pute. That con should be separated from oB, and
of the Digest in five instead of three volumes (8vo. and that they signify Constantinople, seems clear
Paris, 1527—1528). The editions of the Corpus from the legends AQOB, TESOB, and TROB, which
Juris Civilis may be divided into the glossed and indicate respectively the towns of Aquileia, Thessa-
the unglossed. The gloss is an annotation which lonica, and Treves. The above-mentioned writers
was gradually formed in the school of Bologna, suppose that OB represent the Greek nunerals, and
## p. 675 (#691) ############################################
JUSTINIANUS.
675
JUSTINIANUS.
that they consequently indicate the number 72. ) is very remarkable in the history of the Eastern
In the time of Augustus forty gold coins (uurei or empire. The civil wars by which the empire of
solidi) were equal to a pound ; but as these coins the Arabs was shaken compelling the khalif to
were struck lighter and lighter, it was at length cease making war without his realm, in order to
enacted by Valentinian I. in A. D. 367 (Cod. 10. obtain peace within, he bound himself to pay a
tit. 72 (70), s. 5), that henceforth 72 solidi should daily“ tribute of 1000 pieces of gold, one slave,
be coined out of a pound of gold ; and we accord- and one horse of noble breed. " The en. peror in his
ingly find conob for the first time on the coins of turn ceded to the khalif one moiety of the income
the latter emperor.
of Armenia, Iberia (in the Caucasus), and Cyprus,
In the reign of Justinian the custom was first which were henceforth held in joint occupancy by
introduced of indicating on the coins the number of the two monarchs, and he promised to employ his
the year of the emperor's reign. This practice be- forces and authority in compelling the Mardaites or
gan in the twelfth year of Justinian's reign, and Maronites, in Mount Lebanon, to refrain from mo-
explains the reason why Justinian enacted, in the lesting the Arabs. This promise was a great
eleventh year of his reign, that in future all official political blunder, the consequences of which are
documents were to contain in them the year of the still felt by the inhabitants of the Lebanon and Syria.
emperor's reign. (Novella, 47. ) In the same year Leontius, one of the most distinguished generals of
another change was made in the coins. Hitherto the Greeks, and afterwards emperor, having been
they had represented the emperor as a warrior with charged with executing the treaty in the case of
a lance ; but Justinian, who carried on his wars by the Maronites, assassinated their chief Joannes,
means of his generals, and who was more interested compelled the people to take the oath of allegiance,
personally in legislation, theological disputes, and and persuaded 10,000 Maronites to leave their na-
public buildings, caused himself to be represented tive mountains with their wives and children, and
with the imperial globe and no longer as a warrior. to settle in Thrace and Armenia. Until then the
The drawing below represents a medal of Justi- Christian Maronites had been a barrier against the
nian, which was found by the Turks among the progress of the Arabs in these quarters, and no
ruins of Caesareia, in Cappadocia, in the year 1751. sooner were they thus dispersed than the Moham-
It was carried to Constantinople, where it was medans obtained a firm footing in the Taurus and
bought by Desalleurs, who presented it to Louis Anti-Taurus, and found themselves enabled to in-
XV. . It was stolen from the royal collection at vade Asia Minor at their leisure. It is true the
Paris, in the year 1832, but an engraving of it had Maronites never lost their independence entirely,
been previously given by De Boze, in the Mémoires but other tribes, hostile to them, settled in
de l'Académie des Inscriptions et Belles Lettres, vol. Lebanon ; and they continued to be what they
xxvi. p. 523. Its loss is the more to be deplored, still are, an outpost surrounded by the enemies of
as it is the only specimen known to be in existence. Christianity, scarcely able to maintain themselves
The obverse represents the head of Justinian with on their native rocks, and unable to make a step
the legend D N IVSTINIANVS PP AVG: he wears a beyond them.
richly adorned helmet, behind which is the nimbus, It was expected that the energy which young
and holds in his right hand a spear. On the re- Justinian had shown on many occasions would lead
verse the emperor is riding on a horse, adorned him to perform great and good actions ; but his
with pearls ; the helmet, the nimbus, the spear, bad character soon became manifest, and caused
and the dress, correspond to the representation on a universal and deep disappointment throughout
the obverse : before him walks Victory, looking his dominions. Instead of establishing peace in
round at him, and carrying in her left hand a the church, he caused new dissensions through his
trophy: by the side of Justinian's head a star ap- intolerance : the Manichaeans were cruelly per-
pears. The legend is SALVS ET GLORIA ROMANO- secuted ; many thousands were put to death by
This medal was struck probably in the early the sword or by fire ; and the remainder were
years of the emperor's reign, as the face is that of driven into merciless exile. In 688 he broke the
a young man, and the obverse resembles what we peace with the Bulgarians, and obtained a splendid
find on the early coins of Justinian. De Boze victory over them; but having allowed himself to
thinks that it has reference to the Persian vic- be surprised by another army, he was totally
tories.
routed, lost half of his troops, and fled in confusion
to Constantinople. About the same time the Arabs
set out for their fourth invasion of Africa. Justi-
nian exerted himself with great activity in opposing
their designs ; a numerous fleet carrying a strong
body of troops, left Constantinople, and, being
reinforced by the garrisons of Sicily, compelled
the Arabs to retreat in haste to their native country.
Instead of availing himself of his success, Justinian
foolishly gave up his joint occupancy of Cyprus,
CONOD
which was forth with seized by the Arabs, who,
encouraged by the strange conduct of the emperor,
invaded Asia Minor and Mesopotamia in 692, and
JUSTINIANUS II. , surnamed RHINO- in the following year conquered all Armenia. Jus-
TMETUS (he whose nose is cut off), emperor of tinian consoled himself with pleasures, and found
the East (A. D. 685-695 and 704–711), suc-relief in torturing his subjects. His luxury, es-
ceeded his father Constantine IV. Pogonatus, in pecially his love of erecting magnificent buildings,
the month of September, A. D. 685, at the age of in which he rivalled his great namesake Justinian
sixteen. Soon after his accession he made a truce | I.
