JUSTINIAN'S CODE, or LEGISLATION. Justinian, soon after amendsog the throne, gore orders (Feb. A.D. 523) to a commission consisting of Joanna std nine other persons, among whom were Triboulan and Theophilus, to make a general compilation of the but and mast useful laws, or " constitutions" which haul been pro mulgated by the emperors his predecessor!, beginning from Hadrian's perpetual edict down to his own time. [CO$STITUTIOXII, ROUAN.) Partial compilations had been made In the time of Constantine by leirate individuals, Gregory and Harmer/ins, of which only fragments remain, and a more complete one was effected under Theodosius II.
[TuronostAN Cons.] All these were now merged in the new code of Justinian. Joannes and his nine 'modistes completed their task in fourteen months, and the new code, having received the imperial sanction, was published in April, A.D. 529. A few years after, Justi nian, by the advice of Tribonian, ordered a revision of hi. code to be made by Tribonlen and four others. The commissioners suppressed several laws, as either useless or inconsistent with present usage, and ladi,d many constitutions which the emperor had been promulgating in the mean time, as well as decision", on intricate points of juria prudence. The thus revised eau published in December of the year 534, under the title of ` Codex Justiniancus repctihe prielectionis; and thenceforth had the force of law.
The Code is divided into twelve books; every book is subdivided into titles, and each title into laws. Book i. treats of the Catholic) faith, defines its creed agreeably to the first four general councils, forbidding public disputation's on dogmas ; it then treats of the rights, privileges, and discipline of bishops and other ecclesiastical persons ; next of heretics, Samaritans, Jews, apostates, &c., against whom it con tains several penal enactments ; after which the book proceeds to speak of the laws, and their different kinds, and lastly of the magistrates. Book ii. treats of the forms to be observed in commencing a suit ; then of restitution, coinpromises, sureties, and lastly of the oath of calumny.' Book iii. treats of judieia and judices, and judicial proceed imp generally; of holidays, of the various jurisdictions, of illegal (inofficiosa) testaments and donations, of dowries and inheritances, of the Lex Aquilia, of mixed actions, of actions for crimes committed by , slaves, of gaming, of burying-places and funeral expenses. Book iv. begins with the explanation of personal actions which are founded on loan and other causes ; of obligations and actions, with their effect in relation to heirs and other persons bound by them; of testimony and written evidence; of things borrowed for use; of contract by pledge, and the personal action thereon ; of compensation, interest, deposit, mandate, partnership, buying and selling, permutation, hiring, and emphyteutie contracts. Book v. treats of betrothment, gifts in con
templation of marriage, of marriages, women's portions, and the action that lies for the recovery of the dowry, of gifts between husband and wife, of estates given in dowry, of alimony, of concubines, natural children, and the process of legitimation. It next treats of tutorships (tutola), of the administration by tutors, and of the alienation of minors' estates. Book vi. treats of slaves, and freedmen, and the rights of their patrons ; then it explains at largo the Pretorian pos session called " Bonorum possessio :" after which it expounds the whole matter of testaments, as institutions and substitutions of heirs, pretentious and disinheritings, refusals of inheritance, the opening of wills, codicils, legacies, and fiduciary bequests, and lastly succession to the property of intestates. Book vii. treats of manumissions; after. wards of matters relating to prescription, of judgments (sententies) and appeals, of the cession of estate or goods, of the seizure of goods, of the privileges of the exchequer, those of dowries, and the revocation of alienations made to defraud creditors. Book viii. begins with inter dicts : it then treats of pledges and pawns, of stipulations, novations, delegations, &c. It treats next of the paternal power, of the emanci pation of children and their ingratitude; it then explains what is meant by custom, or unwritten law ' • it, next speaks of gifts (donationes mortis cause, &c.) and their various kinds ; and lastly, of taking away the penalty of celibacy. Book ix. treats of crimes, criminal judgments and punishments. Book x. treats of the rights and prerogative of the exchequer, of vacant goods, of treasurers, taxes levied upon the people, and tolls ; of the decuriones and their office, of the freedom of citizens, of domicilia, of public offices and exemption from them, and of the various kinds of public offices and functions appertaining to them. Book xi. treats of the rights common to the city of Rome and muni cipal towns, the right of having corporate bodies and communities, and the right of having public registers. Book xii. continues the same subject, explaining the right of cities as to having offices civil and military, and also as to having functionaries for the execution of judg. means and the orders of magistrates.