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William Coddington

codex, constitutions, laws, theodosius, commission, qv and colony

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CODDINGTON, WILLIAM, 1601-78; a native of Lincolnshire, Eng., and founder of the colony of Rhode Island. He came out in 1630 with a commission as magistrate, binding at Salem, and was for some time a trader in Boston. He undertook the defense of Ann Hutchinson, and opposed similar persecution in other cases, but without suc cess. April 26,1638, he, with eighteen others, removed to the island of Aquidneek and founded a colony, which was to be judged and guided by the laws of Christ. He was elected judge and governor in 1640, and held the office until the colony was incorpo rated in the charter with Providence plantations. In 1651, he went to England, where he was granted a commission as governor of Aquidneck island, independent of the remainder of the colony, but he never undertook to exercise the authority, and soon resigned. In 1674, he was once more made governor.

CODE (Lat. codex and caudex), the primary meaning of the Latin word was the trunk or stem of a tree; latterly, it came to signify more especially wooden tablets bound together, and covered with a coating of wax, which were used for writing on. After parchment and paper were substituted for wood, the name C. was still retained. Cicero applies it to a bill; but it was not till still later, in the times of the emperors, that it was used to express a 9ollectiou of laws and constitutions.

Codes, Roman.-1. Codex. Gregorianus and .Hermogenianus.—The term codex never was applied to the laws of the twelve tables, and the earliest collections so called were those of Gregorianus or Gregorius, and Hermogenianus. Of these, whether two sepa rate collections, or two parts of one collection—a disputed point—we have only frag ments. They never received the imperial authority, but they were quoted as authorita tive compilations in the courts, and they supplied the models on which the subsequent works of Theodosius and Justinian were executed.

2. Codex The-odosionus. —This compilation was executed by a commission of eight persons, appointed by Theodosius the younger in the year 429, and afterwards increased to sixteen. The work was completed and published, or rather promulgated, as law throughout the eastern empire in 438, and declared to be a substitute for all the con stitutions made since the time of Constantine. In the western empire also, having been

laid before the senate, it was confirmed as law in the same year by Valentiniau III., the son-in-law of Theodosius. Nine years later, the new constitutions (novella? conslitu Ilona), which had been made since the promulgation of the C.. were likewise promul gated in the western empire. The name of novels (novella) continued to be given to all the constitutions issued subsequent to the date of the Theodosian C. up to the overthrow of the western empire. The C. of Theodosius has been, in a great measure, preserved. It consists of sixteen books, which are subdivided into titles and sections. The best edition is that of J. Gothofredns (6 vols. fol., Lugd. 1665), which was re-edited by Ritter (Leip. 1736-45). This edition contains the Theodosian C. entire, except in the first five, and part of time sixth book, for the reproduction of which the breviary or abridgment prepared by the orders of Alaric II., king of the Visigoths--which itself may be regarded as another C.—formed the only guide. Some recent discoveries of MS. and palimpsests have added considerably, not only to our critical knowledge of the contents of this C., but have enabled its to restore several of the genuine constitutions of the first five. books. Of the 262 laws and fragments of laws, which were omitted in the breviary, 62 have been thus restored taco Jus Omtile Anteleistin., 13crol. 1815).

3. Codex Justinianeus.—In 528, the emperor Justinian appointed a commission of ten persons, one of whom was the celebrated Tribonian (q.v.), to compile a C., incor porating in it the previons codes of Gregorianus, Hermogenianus, and Theodosius, and also the constitutions (q.v.), rescripts (q.v.), and edicts (q.v.), subsequently issued. The work was performed in fourteen months, and it was then declared that the new C. should supersede the older compilations. A second edition of this work, revised, and having subsequent constitutions, etc., incorporated (Codex Repitthe Pralectionis), is what we now know as the C. of Justinian. It consists of twelve books, divided into titles.

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