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C. Aelius * Claudius Priscus Salviua
M. Antistiua Aemilius Lucius Volusius Lucius LTlpius Aelius
Junius Rutilius Arrius Herennius
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
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
Rufinus . Sabinus . Saturninus Scaevola .
Otho ? Caracalla . Tiberius The Antonini The Antonini
Caracalla 104 M. Aurelius . 2-^ Alex. Severus 297