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CODEX.

Justinian himself. The instructions given to the commissioners empowered them to omit unneces­sary preambles, repetitions, contradictions, and obsolete matter ; to express the laws to be derived from the sources above mentioned in brief lan­guage, and to place them under appropriate titles ; to add to, take from, or vary, the words of the old constitutions, when it might be necessary ; but to retain the order of time in the several constitutions, by preserving the dates and the consuls' names, and also by arranging them under their several titles in the order of time. The collection was to include rescripts and edicts, as well as constitu-tiones properly so called. Fourteen months after the date of the commission, the code was completed and declared to be law (16th April, 529) under the title of the Justinianeus Codex ; and it was de­clared that the sources from which this code was derived were no longer to have any binding force, and that the new code alone should be referred to as of legal authority. (Gonstit. de Justin. Cod. Confirmando.)

The Digesta or Pandectae, and the Institutiones, were compiled after the publication of this code, subsequently to which fifty decisiones and some new constitutiones also were promulgated by the emperor. This rendered a revision of the code necessary ; and accordingly a commission for that purpose was given to Tribonianus, to Dorotheus, a distinguished teacher of law at Berytus in Phoenicia, and three others. The new code was promulgated at Constantinople, on the 16th November 534, and the use of the decisiones, the new constitutiones, and of the first edition of the Justinianeus Codex, was forbidden. The second edition (secunda editio, repetita praelectio. Codex repetitae praelectionis) is the code that we now possess, in twelve books, each of which is divided into titles: it is not known how many books the first edition contained. The constitutiones are arranged under their several titles, in the order of time and with the names of the em­perors by whom they were respectively made, and their dates.

The constitutions in this code do not go further back than those of Hadrian, and those of the im­mediate successors of Hadrian are few in number ; a circumstance owing in part to the use made of the earlier codes in the compilation of the Justinian code, and also to the fact of many of the earlier constitutions being incorporated in the writings of the jurists, from which alone any knowledge of many of them could be derived. (Constit. De Emandatione Cod. Dom. Justin.'}

The constitutions, as they appear in this code, have been in many cases altered by the compilers, and consequently, in an historical point of view, the code is not always trustworthy. This fact appears from a comparison of this code with the Theodosian code and the Novellae. The order of the subject-matter in this code corresponds, in a certain way, with that in the Digest. Thus the seven parts into which the fifty books of the Digest are distributed, correspond to the first nine books of the Code. The matter of the three last books of the Code is hardly treated of in the Digest. The matter of the first book of the Digest is placed in the first book of the Code, after the law relating to ecclesiastical matters, which, of course, is not contained in the Digest; and the three following books of the first part of the Digest correspond to the second book of the Code. The

CODEX.

following books of the Code, the ninth in'cluded, correspond respectively, in a general way, to the following parts of the Digest. Some of the con­stitutions which were in the first edition of the Code, and are referred to in the Institutiones, have been omitted in the second edition. (Instit. 2. tit. 20. s. 27 ; 4. tit. 6. s. 24.) Several constitutions, which have also been lost in the course of time, have been restored by Charondas, Cujacius, and Contius, from the Greek version of them. (Zim-mern, &c.; Hugo, Lelirbudi der GescMclde des R'om. Reckts, &c.; Bock ing, Institutionen.') [G. L.]

CODEX THEODOSIANUS. In the year 420, Theodosius II., commonl}r called Theodosius the younger, appointed a commission, consisting of eight persons, to form into a code all the edicta and generales constitutiones from the time of Constantine, and according to the model of the Codex Grego-rianus and Hermogenianus (ad similitudinem Gre-goriani et Hermogeniani Codicis}. In 435, the instructions were renewed or repeated ; but the commissioners were now sixteen in number. Anti-ochus was at the head of both commissions. It seems, ho\vever, to have been originally the design of the emperor not only to make a code which should be supplementary to, and a continuation of, the Codex Gregorianus and Hermogenianus ; but also to compile a work on Roman law from the classical jurists, and the constitutions prior to those of Constantine. However this may be, the first commission did not accomplish this, and what we now have is the code which was compiled by the second commission. This code was completed, and promulgated as law in the Eastern empire in 438, and declared to be the substitute for all the consti­tutions made since the time of Constantine. In the same year (438) the code was forwarded to Valentinian III., the son-in-law of Theodosius, by whom it was laid before the Roman Senate, and confirmed as law in the Western empire. Nine vears later Theodosius forwarded to Valentinian

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his new constitutions (novettae constitutiones}, which had been made since the publication of the code ; and these also were in the next year (448) pro­mulgated as law in the Western empire. So long as a connection existed between the Eastern and Western empires, that is, till the overthrow of the latter, the name Novellae was given to the con­stitutions subsequent to the code of Theodosius. The latest of these Novellae that have come down to us are three of the time of Leo and Anthemius, A. d. 468.

The Codex Theodosianus consists of sixteen books, the greater part of which, as well as his Novellae, exist in their genuine state. The books are divided into titles, and the titles are sub­divided into constitutiones or laws. The valuable edition of J. Gothofredus (6 vols. fol. Lugd. 1665, re-edited by Ritter, Lips. 1736—1745, 6 vols. fol.) contains the code in its complete form, except the first five books, for which it was necessary to use the epitome contained in the Breviarium [brevia-rium]. This is also the case with the edition of this code contained in the Jus Civile Antejustininia-neum of Berlin, 1815. But the recent discovery of a MS. of the Breviarium, at Milan, by Clossius, and of a Palimpsest of the Theodosian code at Turin by Peyron, has contributed largely both to the critical knowledge of the other parts of this code, and has added numerous genuine constitu­tions to the first five books, particularly tc the

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