To treat of the merits and imperfec tions of the 'Digest,' would be a difficult task. With all its faults it is a valuable work, and much superior to the Code in its style, matter, and arrangement ; it has, in great measure, embodied the wisdom of the best jurists of the best age of the Empire, men who grounded their opinions on the principles of reason and equity, and who for the most part were per sonally unconcerned and disinterested in the subjects on which they gave their an swer. The mode in which the compilers executed their labour is the subject of a valuable essay by F. Bluhme (Blume) in a German Journal (Zeitschrift fur Ge schichtliche Rechtswissenschgft, vol. iv.). Tribonian and his colleagues are charged with making many interpolations, with altering many passages in the writings of their predecessors, substituting their own opinions, and passing them off under the name of the ancient jurists. Justinian him self acknowledged that he was obliged to accommodate the old jurisprudence to the altered state of the times, and to " make the laws his own." Another charge, which is however unsupported by evi dence or probability, is, that Justinian and his servants destroyed the old text books that had served them for the com pilation of the ' Pandects.' Long how ever before Justinian's time, the works of the ancient jurists were partly lost, and the vicissitudes of the ages that followed may easily have obliterated the rest. While the Digest was being compiled, Justinian commissioned Triboniau and two other jurists, Theophilus and Do rotheus, to make an abridgment of the fist principles of the law, for the use of young students who should wish to ap ply themselves to that science. This new work, being completed, was published under the name of Institutiones,' about one month before the appearance of the Digest. The Institutions were in a great degree based on an older work of the same description and title by Gains, which has been discovered within the present century (‘ Gaii Institutionum Commen tarii IV.,' by Goschen. The second edi tion was published in 1824). The Insti tutions are arranged in four books, subdi vided into titles. As the law has three objects, persons, things, and actions, the first book treats of persons or status ; the second and third, and first five titles of the fourth, treat of the law of things ; and the remaining titles of the fourth book treat of actions.
Besides these three compilations, the Code, the Institutes, and the Digest, Jus tinian, after the publication of the second edition of his Code, continued to issue new laws or constitutions, chiefly iu Greek, upon particular occasions, which were col lected and published together after his death under the name of Neapa( AicrrAets, or Novee or Constitutiones Novelise, or Authenticm. The Novelize are divided into 168 Constitutiones, or, as they are now often called, Novels. The Novelle, to gether with thirteen Edicts of Justinian, make up the fourth part of his legislation. There are four Latin translations of the NovellEe, all of which were made after Jus tinian's death ; the third is by Haloander, printed at Nurnberg in 1531; and the fourth was printed at Basel by Hervagius in 1561. The first translation is that
which is printed in some editions of the Corpus Juris opposite to the Greek text, and is very valuable, notwithstanding it has been stigmatized by some with the name barbarous :" it is sometimes called Authentica Interpretatio or Vulgata, or Liber Authenticorum. It contains 134 Novellae distributed in 9 Collationes, which contain 98 titles. The version of Haloander is also printed in some edi tions of the Corpus Juris. The Novelle made many changes in the law as esta blished by Justinian's prior compilations, and are an evidence that the emperor had a passion for legislating.
Tribonianus, who was mainly instru mental in the compilation of Justinian, was a native of Pamphylia, but his father was from Macedonia. His learning was extensive : he wrote upon a great variety of subjects, was well versed both in Latin and Greek literature, and had deeply stu died the Roman civilians, of which he had a valuable collection in his library. He practised first at the bar of the prae torian prefects at Constantinople, became afterwards quEestor, master of the impe rial household, and consul, and possessed for above twenty years the favour and confidence of Justinian. His manners are said to have been remarkably mild and conciliating; he was a courtier, and fond of money, but in other respects he may have been calumniated by his ene mies. His death took place A.D. 545. (Ludewig, Vita Justiniani Magni Wane Theodora, nec non Triboniani, Halle, 1731 ; Zimmern, Geschichte des Rtimis chen Privatrechts his Justinian, Heidel berg, 1826; Hugo, Lehrbuch der Ges chichte des Romischen Rechts, Berlin, 1832; History of the Roman or Civil Law, by Ferriere, translated by J. Beaver, Lon don, 1724 ; Hommelius, Palingenesia ; Brinkmannus, Institutiones Juris Romani, Schleswig, 1822; System des Pandehten Rechts, by Thibaut, 7th ed., Jena, 1828 : Das Corpus Juris in's Deutsche iiber setzt von einem vereine Reehtsgelehrter and herausgegeben von Otto. Schilling mid Sintenis, Leipzig, 1831 ; Les Cinquante Livres do Digest e, ere., Tradnits en Francais par feu M. Henri Hulot, Paris, 1805 ; Pandectes de Justinien mixes dans un notwel ordre, 4'c., par R. J. Pothier, traduites par Bre'ard Neuville, revues et corrig(es par M. Moreau de Montalin, Avocat, Paris, 1810 ; Pothier's edition of the reprinted at Paris in 5 vols. 4to., 1818-20, is a useful edition. There is a very eheap edition of the Corpus Juris published in Germany, by Beck. 3 vols. small fol., Leipzig, 1829 ; the editions of the Corpus Juris and of the Institutes are very numerous. Gibbon's 44th chapter contains a useful sketch of the history of the Roman Law and of the Legislation of Justinian ; and an out line of the contents of the Institutes. The Institutionen of Dr. E. Nicking, 1st vol. Bonn, 1843, pp. contain a sketch of the Legislation of Justinian, and an enumeration of the editions of the Corpus Juris and its parts.)