Digest

Digest

Justinian Digest Divisions

Important Note: this is an extension/continuation on the entry on DIGEST in the American legal dictionary of this Project.

The twenty-fifth is a continuation of the subject of the preceding. It contains seven titles.

26 and 27

These two books, each in two titles, contain the law about tutorship and curatorship.

Details

The twenty-eighth, in eight titles, contains the law on last wills and testaments.

Other Aspects

The twenty-ninth, in seven titles, is the continuation of the twenty-eighth book.

30, 31 and 32

These three books, each divided into two titles, contain the law of trusts and specific legacies.

33, 34 and 35

The first of these, divided into ten titles; the second, into nine titles; and the last into three titles, treat of various kinds of legacies.

36th

The thirty-sixth, containing four titles, explains the senatus consultum trebellianum and the time when trusts become due.

37

This book, containing fifteen titles, has two objects first, to regulate successions; and, secondly, the respect which children owe their parents and freedmen their patrons.

38

The thirty-eighth book, in seventeen titles, treats of a variety of subjects; of successions and of the degree of kindred in successions; of possession; and of heirs.

39

The thirty-ninth explains the means which the law and the prAEtor take to prevent a threatened injury; and donations inter vivos and mortis causa.

40

The fortieth, in sixteen titles, treats of the state and condition of people and of what relates to freedmen and liberty.

Others

41- The different means of acquiring and losing title to property, are explained in the forty-first book, in ten titles. 42- The forty-second, in eight titles, treats of the res judicata and of the seizure and sale of the property of a debtor. 43- Interdicts or possessory actions are the object of the forty-third book, in three titles. 44- The forty-fourth contains an enumeration of defenses which arise as a result of the resjudicata, from the lapse of time, prescription and the like. This occupies six titles; the seventh treats of obligations and actions. 45- This speaks of stipulations, by freedmen or by slaves. It contains only three titles. 46- This book, in eight titles, treats of securities, novations and delegations, payments, releases and acceptilations. 47- In the forty-seventh book are explained the punishments inflicted for private crimes, de privates delictis, among which are included larcenies, slander, libels, offences against religion and public ways, removing boundaries and other similar offences. 48- This book treats of public crimes, among which are enumerated those Iaesae majestatis, adultery, murder, poisoning, parricide, extortion and the like, with rules for procedure in such cases. 49- The forty-ninth, in eighteen titles, treats of appeals, of the rights of the public treasury, of those who are in captivity and of their repurchase. 50- The last book, in seventeen titles, explains the rights of municipalities. and then treats of a variety of public officers.

Other Division

Besides this division, Justinian made another, in which the fifty books were divided into seven parts: The first contains the first four books; the second, from the fifth to the eleventh book inclusive; the third, from the twelfth to the nineteenth inclusive; the fourth, from title twentieth to the twenty-seventh inclusive; the fifth, from the twenty-eighth to the thirty-sixth inclusive the sixth, commenced with the thirty seventh and ended with the forty-fourth book; and the seventh or last was composed of the last six books. A third division, which, however, is said not to have been made by Justinian, is in three parts. The first, called digestum vetus, because it was the first printed. It commences with the first book, and. includes the work to the end of the second title of the twenty-fourth book.

The second, called digestum infortiatum, because it is supported or fortified by the other two, it being the middle; it commences with the begining of the third title of the twenty-fourth book and ends with the thirty-eighth. The third, which begins with the thirty-ninth book and ends with the work, is called digestum novum, because it was last printed. The Digest, although, compiled in Constantinople, was originally written in Latin and afterwards translated into Greek. This work was lost to all Europe (see more about the legal issues of this continet here) during a considerable period, as indeed all the law works of Justinian were, except some fragments of the Code and Novels.

During the pillage of Amalphi, in the war between the two soi-disant popes Innocent II. and Anaclet II., a soldier discovered an old manuscript, which attracted his attention by its envelope of many colors. It was carried to the emperor, Clothaire II. and proved to be the Pandects of Justinian. The work was arranged in its present order by Warner, a German, whose name, Latinised, is Irnerius, who was appointed professor of Roman law at Bologna, by that emperor. 1 Fournel, Hist. des Avocats, 44, 46, 51. The Pandects contain all any Justinian drew out of 150,000 verses of the old books of the Roman law. The style of the Digest is very grave and pure and differs not much from the eloquentist speech that ever the Romans used.” The learning of the digest stands rather in the discussing of subtle questions of law and enumeratious of the variety of opinions of ancient lawyers thereupon, than in practical matters of daily use. The Code of Justinian differs in these respects from, the Digest. It is less methodical, but more practical; the style however, is a barbarous Thracian phrase Latinised, such as never any mean Latinist spoke. The work is or rude and unskilful. Ridley’s View of the Civ. & Ecc. Law, pt. 1, ch. 2, 1 and ch. 1, 2.

Different opinions are entertained upon the merits of the Digest or Pandects, Code, Authentics and Feuds, as a system of jurisprudence. By some it has been severely criticized and even harshly censured and by others as warmly defended the one party discovering nothing but defects and the other as obstinately decided to find nothing but what is good and valuable. See Felangieri della Legislazione, vol. 1, c. 7. It must be confessed that it is not without defects. It might have been comprehended in less extent and in some parts arranged in better order. It must be confessed also that it is less congenial as a whole, with the principles of free government, than the common law of England (see more about this legal system). Yet, with all these defects, it is a rich fountain of learning and reason; and of this monument of the high culture and wisdom of the Roman jurists it may be said, as of all other works in which the good so much surpasses the bad. Ut plura intent in carmine non ego paucis Offendar maculis, quas aut incuria fudit Aut humana parum cavit natura. HORAT. ART. POETIC, v. 351. [1]

The Legal History of Digest of Justinian

This section provides an overview of Digest of Justinian.

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Notes and References

  1. Partialy, this information about terminox is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including terminox.

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

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