Thu jurisprudentes were not only authorised expounders of law, but they were most voluminous writers. Massurius Sabinus wrote three looks Juris Civil* which formed the model of subsequent writers. The commentators on the Edict were also very numerous, and among them are the names of l'omponius, Gains, Ulpian, and Paulus. Gains wrote an elementary work, which furnished the model of the Institutes of Justinian. Commentaries were also written on various Leges, and on the Senates Consults of the Imperial period; and finally, the writings of the earlier jurists themselves were commented on by their successors. The long series of writers to whom the name of classical jurists has been given, ends, about the time of Alexander Severus, with 3lodestinos, who was a pupil of Ulpian. Some idea may be formed of the vast mass of their writings from the titles of their works as pre served in the Digest,' and from the Index Florentinus ; ' but with the exception of the fragments which were selected by the compilers of that work, this great mass of juristical literature is nearly had. [JereriNrAN, in Moo. Div.] Among the sources of law in the Imperial period are the Imperial Constitutions. A Constitutio Principle is defined by Gaius (i. 5) to be " that which the imperator has constituted by Decretum, Edictum, or Epistola ; nor has it ever been doubted that such constitutio has the force of law." As the emperor ultimately possessed all the sove reign power, he became the sole source of law. Under Augustus some Leger were passed, as already observed ; and under hia successors there were numerous Senatus Consults. In the time of the Antonines there were both Senatus Consults and Imperial constitutions, and the latter are referred to by Oahu; as being of equally binding force with Senatus Consults. After the time of Gains, Constitutionet became more common, and few Senatus Consults were passed. The Decretum of the emperor was a decision made in a matter of dispute which came before him either originally or by way of appeal The Edict, or Leges Falictales, were formed by analogy to the Edicts of the magistrates, and were in effect Leges. Rescripturn was a general term which com prehended Epistolic and Subscnptiones. The Rescripta were the answers of the emperor, made either to public functionaries or to individuals who consulted him Sometimes Conatitutio and Rescrip turn are used as equivalent. (Gains, ii. 120, 121.) Decreta and Itsuicripta, being decisions in particular cases, could not by their form have the force of leges; though when the determination made in a particular case was capable of a general application, it gradually obtained the force of law.
' With the decliue of Roman jurisprudence began the period of (Armpit:Okras, or codes, as they were termed. The earliest were the Codex Gregorianue and Ilerruogenianua, which are only known from fragments. The Codex Gregorianua, so far as we know it, began with constitutions of Sept. Sevenur, and ended with those of Diocletian and Maximian. The Codex Hermogenianns, so far as it is known, contained constitutions also of Diocletian and Maximian, and perhaps some of a later (late. Though these codes were mere private collections, they apparently came to lie considered as authority, and the codas of Theodosium and Justinian were formed on their maid.
The code of Theodosius was compiled under the authority of Theodosius 11., emperor of the East. It was promulgated as law in the Eastern Empire, A.D. 438; and in the same year it was confirmed as law in the Western Empire by Valentinian III, and the Roman senate. This code consists of sixteen books, the greater part of which, as well as of the Novellre, subsequently promulgated by Theodosius II., are extant in their original form. The commission who compiled it were inatructed to collect all the Edicts and Leges Generates from the time of Constantine, and to follow the Codex Gregorimus and Benno genianus as their model. Though the arrangement of the subsequent code of Justinian differs considerably from that of Theodosius, it is clear from a comparison of them that the compilers of Justinian'a code were greatly aided by that of his imperial predecessor. The valuable edition of the Theodosiau Code, by J. Gothofredus (6 vols. fol., Lugd., 1665), re-edited by Ritter, Leipzig, 1736-1745, contains the first five books and the beginning of the sixth, only as they are epito mised in the Breviarium ; and this is also the case with the edition of the Jus Chile Antejustinianeum; published at Berlin in 1815. But recent discoveries have greatly contributed to improve the first five books. The most recent edition of the 'Jim Civil° Antojusthdaecum is that of Bonn, 1835 and 1837.
The legislation of Justinian is treated of under JUSTLNIAN'S LEGIS LATION.
There are numerous works on the history of the Roman law, but it will be sufficient to mention a few of the more recent, as they contain references to all the earlier works: Lela-budder Geschichte des RUmischen Rechts, by Hugo, of which there are numerous editions; Gesellichtc dos ItZmisehen Priratreclds, by Zimmern ; Geseldchte des Romiselten necks, by F. Walter, 1840 ; and for the later history of the Roman law, 0e:ciliate des Itiim.iscleen Raids im Mittslalter, by Saviguy.