The Ancient Library

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C. Aelius * Claudius Priscus Salviua

M. Antistiua Aemilius Lucius Volusius Lucius LTlpius Aelius

Junius Rutilius Arrius Herennius



Lucius Aemilius

Justus Julius





Qu. Cervidius



Tarrenlenus Commodus Terentius . Hadrian and the

Antonini Q. Sep. Fiorens Tertullianus S. Severus and

Caracalla Claudius TrypJioninus S. Severus and

Caracalla . 22

Salvius Aburnus Valens . . . Hadrian and An­ toninus Pius 3 Vcnuleius . The Antonini . 10 Domitius Ulpianus . S. Severus and

Alex. Severus 610

It follows from the instructions of the Emperor and the plan of the work that the extracts from the Jurists are not always given in their exact words. It is probable that many short passages were interpolated, or altered, as a matter of neces­sity, though there, seems to be no reason for sup­posing that these changes were carried farther than the nature of the case required. Still there is no doubt that the changes are such that the extracts from the old Jurists cannot be used for many pur-poses without some caution and judgment.

The distribution of the matter of the Digest into Books and Titles has evidently been made accord­ing to a plan, as will be obvious on inspecting the list of Tituli prefixed to the editions. Thus the 28th book treats of testaments, of the institution of a heres, &c., and the 29th of military testaments, and of codicils, &c.; in fact of matters appertaining to universal succession bv testament: the 30th,

•/ *

31st, and 32d books treat of legacies and fiduciary

* He must not be confounded with C. Aquilius Gallus, one of the masters of Servius Sulpicius, from whom there is no extract in the Digest.


Books differ materially both in bulk, number of titles, and number of extracts. The Glossatores and their followers, in referring to the Digest, some­times indicate the work by P, p, or II, and some­times by D or ff, which according to some writers represents D, and according to others represents H. The oldest printed English work in which the Digest is cited is Bracton's Treatise on the Law of England, and his mode of citation is that of the? Glossatores. ( 7 wo Discourses by G. Long, London, 1847, p.] 07.)

There was also a division of the whole Fifty Books into Seven larger masses, called Partes, which corresponded to the seven main divisions of the works on the Edict, and had also a special reference to the course of instruction then estab­lished. Thus the first Pars comprises Four Books, the second Pars comprises seven Books, and so on. (Const. Tanta, &c. s. 2. " Igitur prima quidem pars," &c.)

The number of writers from whose works ex­tracts were made is thirty-nine, comprehending those Jurists from whom extracts were made at second hand, as Q. Mucius Scaevola, the Pontifex, from whom four fragments, and Aelius Gallus from whom one fragment is taken ; but omitting Servius Sulpicius Rufus, who is represented by Alfenus, distinguishing Aelius Gallus from Julius Aquila, Veimlems from Claudius Saturninus ; as­suming that there is only one Pomponius, and omitting Sabinus whose name is erroneously in­serted in the Florentine Index. (Zimmern, Ges-chichte des Rom. Privatr edits , p. 224.)

The following is the list of Jurists from whose •writings the Digest was constructed, as it is given in the Palingenesia of Hommelius, who has ar­ranged the matter taken from each writer under hig name, and placed the names in alphabetical order. The dates of the Jurists are chiefly founded on the authority of Zimmern. The figures in the third column indicate the proportions contributed to the Digest by each Jurist, estimated in the pages of Hommelius : (a) denotes that the contri­bution is under one page of the Palingenesia. This list includes Sabinus. The extracts from many of the writers are few and short : those from Ulpian are more than a third of the whole ; and next to these the extracts from Paulus, Papinian, Julianus, Pomponius, Q. Cervidius Scaevola, and Gaius, are the largest.


Sextus Caecilius Africanus . Hadrian and the

Antonini . 24 Alfenm Varus, a pupil of Servius Sulpi­cius Rufus and contemporary with Cicero 9

Furius Anthiamis . Unknown . . (a) Julius Aquila . . perhaps about the

Aurelius Juventras

time of Sep. Severus . . («) Arcadius Charisius, Constan-

tine the Great 2

Ccdlistratus Caracalla . .174-Celsus . . . Domitian and

Hadrian . 23 Florentinus Alex. Severus 4 Gaius . . . Hadrian and the

Antonini . 72




. a contemporary of Cicero . (a)

PlermogenianuS) Constantine the Great .

Javolenus . Nerva and Ha­drian .

Jidianus . . a pupil of Javo­lenus ... 90

Labeo . . . Augustus . .12

Macer. . . Alex. Severus . 10


Maecianus Antoninus Pius 8 Marcellus . The Antonini Marcianus Caracalla and

Alex. Severus 38 Mauricianus Antoninus Pius 1^-Maocimus . Unknown . . («) Menander. Caracalla . . 3 Modestinus a pupil of D.

Neratius , Papinianus

Papirius Paulus . ,

Ulpianus . 41-^ Mucius Scaevola, Pontifex Maximus, con­sul b. c. 95 . 1 Trajan . . .10 S. Severus and

Pomponius Antoninus Pius 80




8£ (a)


Rufinus . Sabinus . Saturninus Scaevola .

Otho ? Caracalla . Tiberius The Antonini The Antonini

Caracalla 104 M. Aurelius . 2-^ Alex. Severus 297

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