No More Learning

Justinian, although it is more correctly called Con- If adherence to the contents of the imperial law
stitutionum Codex, since the other collections of during the middle ages craniped on the one hand
Justinian are also entitled to the name of Codes. the spontaneity of indigenous development, it op
The earliest constitution contained in the Code is posed barriers on the other to the progress of feudal
one of Hadrian, the latest one of Justinian, dated barbarism.
Nov. 4. , A. D. 534. The matter of constitutions We proceed now to give some account of the
older than Hadrian had been fully developed in the literary history, and to mention the principal edi-
works of jurists. The Code is divided into 12 tions, separate and collective, of Justinian's com-
books, and the books into titles, with rubrics de pilations. The editions up to the end of the first
noting their contents. Under each title, the con- third of the 16th century are scarce, for, from the
stitutions are arranged chronologically. Each inconvenience of their form, and the variety of con-
constitutio is headed by an inscriptio, or address, tractions they employ, they have been subjected to
and ended by a subscriptio, announcing the place the same fate with the early manuscripts : but, like
and time of its date, The general arrangement the early manuscripts, they are often of use in cor-
corresponds on the whole with that of the Digest, recting the text.
80 far as the two works treat of the same subject, The first printed edition of the Institutes is that
but there are some variations which cannot be ac- of Petrus Schoyffer, fol. Mogunt. 1468. The last
counted for. For instance, the law of pledges and edition of importance is that of Schrader, 4to.
the law of the father's power occupy very different Berlin, 1832. This is an exceedingly learned and
relative positions in the Digest and the Code. Some elaborate performance, and is intended to form part
constitutiones, which are referred to in the Insti- of an intended Berlin Corpus Juris Civilis, which
tutes, do not appear in the modern manuscripts of is still promised, but has hitherto made no further
the Code ; and it is doubtful whether they were visible progress. Among the exegetical commenta-
omitted by the compilers of the second edition, or tors, Vinnius, à Costa, and Otto, will be found the
left out by subsequent copyists.
most useful. The Institutiones cum Commentario
Justinian, though fond of legal unity, was fond Academico, by Vinnius, first appeared 4to, Amst.
of law-making. If he had lived long enough, there 1642, and has been frequently reprinted. The
might perhaps have been a second edition of the Elzevir Vinnius of 1665 is, typographically, the
Digest. When the new Code was published, he neatest ; but the jurist will prefer those editions
contemplated the necessity of a supplement to it, which are enriched with the notes of Heineccius,
and promised that any legislative reforms which he and contain the Quaestiones Selectae of Vinnius.
might afterwards make should be formed into a (2 vols. 4to. Lugd. 1747, 1755, 1761, 1767, 1777. )
collection of Novellae Constitutiones. (Const. Cordi, The Commentarius ad Institutiones of à Costa
§ 4. ) Many such Novells (veapal diatáters), with (Jean de la Coste) first appeared, 4to. Paris, 1659;
various dates, from Jan. 1. 535, to Nov. 4. 564, but the best editions are those of Van de Water
were published from time to time, by authority, in (4to. Ultraj. 1714), and Rücker (4to. Lugd. 1744).
his life-time. The greater part were promulgated The Commentarius et Notae Criticae of Everard
in the first five years after the publication of the Otto first appeared 4to. Traj. ad Rhen. 1729; and
new Code ; and there is a marked diminution in the best edition is that of Iselin (4to. Basil. 1760).
the number of Novells subsequent to the death of The commentaries of Balduinus (fol. Paris, 1546),
Tribonian in 545. There are extant at least 165 Hotomann (Basil. 1560, 1569, Lugd. 1588), Gi-
Novells of Justinian, making many reforms of great phanius (4to. Ingols. 1596, &c. ), Bachovius" (4to.
consequence, and seriously affecting the law as laid Frank, 1628, 1661, &c. ), Merillius (4to. Paris,
down in the Digest, Institutes, and Code. Though | 1654, Traj. ad Rhen. 1739), and Hoppius (Dantz.
the imperial archives contained all the Novells 1693, &c. ; and edited by Walchius, 4to. Frank.
that were issued from time to time, no collective ad Moen. 1772), also deserve mention. There
publication by official authority seems to have taken are modern French commentaries and translations
place before Justinian's death, for Joannes Scholas- by Blondeau, Ducaurroy, Ortolan, and Etienne ;
ticus, at the beginning of his collection of 87 and there is an English translation, with the Latin
chapters, compiled from the Novells of Justinian, text and notes, by George Harris, LL. D. (410.
between A. D. 565 and 578, speaks of those Novells London, 1796, 1812. ) We regard the Greek
as still otropádnu keluévwv. (Heimbach, Anecdota, Paraphrasis of Theophilus as the most useful of all
vol. ii. p. 208. )
commentaries, but the original work is so clear as
Such were Justinian's legislative works—works seldom to require voluminous explanation; and not
of no mean merit-nay, with all their faults, con- without reason was an Essay, as long ago as the
sidering the circumstances of the time, worthy of I first year of the 18th century, composed by Hom-


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JUSTINIANUS.
671
JUSTINIANUS.
berg, professor of law at Helmstadt, De Multi- rence in 1411 (? ), ever since which time it has
tudine nimia Commentatorum in Institutiones Juris. been kept there as a valuable treasure, and regarded
The Institutes of Justinian were edited, jointly with the utmost reverence.
with those of Gaius, by Klenze and Böcking (4to. Where the Florentine manuscript may have been
Berol. 1829). The most valuable critical editions before the siege of Amalfi is of little consequence ;
anterior to Schrader's are those of Haloander but it is of great consequence that we should be
(Nuremb. 1529), Contius (Paris, 1567), Cujas able to decide another much disputed question,
(Paris, 1585 ; re-edited by Köhler, Göttingen, namely, whether the Florentine manuscript be or
1773), Biener (Berlin, 1812), and Bucher (Er- be not the sole authentic source whence the text of
langen, 1826). A complete account of the literature all other existing manuscripts, and of all the printed
connected with the Institutes would fill a volume. editions, is derived. In favour of the affirmative
The reader is referred for full and authentic in- opinion there are several facts, which have not, we
formation on the subject to Spangenberg, Einleitung think, been satisfactorily accounted for. The leaves
in das Corpus Juris Civilis ; Böcking, Institutionen, of the Florentine manuscript are written on both
pp. 145–158; Prodromus Corporis Juris Civilis sides and the last leaf but one, in binding the
a Schradero, Clossio, Tofelio edendi, 8vo. Berol. volume, has been so placed as to reverse the order
1823; Beck, Indicis codicum et Editionum Juris of the pages. The fault is copied in all the exist-
Justiniani Prodromus, 8vo. Lips. 1823; and the ing manuscripts. The order of the 8th and 9th
editions of the Institutes by Biener and Schrader. titles in the 37th book of the Digest is reversed in
The literary history of the Digest has been a the Florentine manuscript, bụt the error is corrected
subject of hot and still unextinguished controversy. by the scribe by a Greck note in the margin. There
The most celebrated existing manuscript of this are fragments similarly reversed in lib. 35, tit. 2,
work is that called the Florentine, consisting of and lib. 40, tit. 4, and similarly corrected. In the
two large quarto volumes, written by Greek scribes, other existing old manuscripts, written by men who
probably not later than the end of the sixth, or the did not understand Greek, the error is reproduced,
beginning of the seventh century. It was formerly but not the correction. On the other hand, an
supposed by some to be one of the authentic copies interpolation added in Latin in the margin of
transmitted to Italy in the lifetime of Justinian, the Florentine manuscript, is inserted in the text
but this opinion is now abandoned. 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


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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


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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.