Page:Dictionary of Greek and Roman Biography and Mythology (1870) - Volume 2.djvu/688

Rh 674 JUSTINIANUS. and ekborate information upon this subject. G. E. Heimbach's essay, De Origine et Fatis Corporis quod chnnii. Novellis Constitutionibus constat (8vo. Lips. 1844), contains some questionable views. Mortreueil has treated of the Novells in his His- ioire du Droit Byzantin, vol. i. pp. 25 — 60. The separate Novells were designated by the glossators by the n?ime Authenticae^hnX, that word has also another signification, which it is necessary to explain, in order to prevent the mistakes which have sometimes occurred in consequence of this verbal ambiguity. In their lectures on the Institutes and the first nine books of the Code, the earliest glos- sators were accustomed to insert in the margin of their copies abbreviated extracts from such parts of the Novells as made alterations in the law contained in the text. In reading the Digest, they referred to the notes contained in the margin of the Code. At a later period tiiese abstracts were discontinued in the Institutes. In the Code they were taken from the margin, and placed under the text, where they still appear, distinguished by Italic type in most of the modern editions. They are called AutJienticae either, as some assert, from their repre- senting the latest authentic state of the law, or from the name of the source whence they were taken, and which, in practice, they nearly super- seded. Certain capitularies of Frederic I. and Frederic II., emperors of Germany, about the end of the 12th century, were treated by the glossators as Novells, and thirteen extracts taken from them are inserted in the Code, with the inscription " Nova Constitutio FredericL" They are known by the name AutJienticae Fredericianae. The collections of Justinian, together with some later appendages, formed into one great work, are commonly known by the name Corpus Juris Civilis. The later appendages are really arbitrary and mis- placed additions, having no proper connection with the law of Justinian, and they vary in diiFerent editions. They consist, for the most part, of a collection of constitutions of Leo the Philosopher, anterior to A. d. 893 ; of some other constitutions of Byzantine emperors, from the 7th to the 14th century ; of the so-called Canones Sanctorum Apos- tolorum ; of the Feudorum Consuetudines ; a few constitutions of German and French inonarchs; and the Li(jer de Pace Constantiae. The expression Corpus Juris was employed by Justinian himself (Cod. 5. tit. 13. s. 1) ; but the earliest editions of the whole of his legal collections have no single title. Russardus first chose the title Jus Civile. The modern name Corpus Juris Civilis appears first in D. Godefroi's edition of 1583, though the phrase had been employed by others before him. The old glossed editions consist of five volumes, folio (usually bound in five diflferent colours), namely: . Digestum Vetus ; 2. Inforti- atum ; 3. Digestum Novum ; 4. The Codcv, i. e. the first nine books of the Code ; 5. Volmiien, or Volumen Parvum^ or Voluinen Legiim Parvum, containing the Tres Libri, the Authe?dicae, and the Institutiones. The latter had a separate title-page, and was sometimes bound as a separate volume, distinct from the Volumen. This arrangement was first departed from by R. Stephanus in his edition of the Digest in five instead of three volumes (8vo. Paris, 1527—1528). The editions of the Corpus Juris Civilis may be divided into the glossed and the unglossed. The gloss is an annotation which "Has gradually formed in the school of Bologna, JUSTINIANUS. and finally settled by Accursius. It is of great practical importance, since, in the countries which adopted the civil law, the portions without the gloss did not possess legal authority in the courts. Quod non recipitg/ossa,id non recipit cz«ria, was the general maxim. All the editions up to that of Claud. Che- vallon (12mo. Paris, 1525 — 1527) have the gloss. The latest glossed edition is that of J. Fehius. (Lugd. 16'27.) This celebrated edition has on the title-page of every volume (in allusion to the place of its publication, Lyons) the representation ofulivim; lion, surrounded by bees, with the motto Ex for'ti dulcedo. Hence it is known by the name Edition du Lion Moitcheie — a name also given to one of the previous editions of D. Gothofredus. (Fol. Lugd. 1589.) The very valuable index of Daoyz is ap- pended as a sixth volume to the edition of J. Fehius. Of the unglossed editions, some have notes and some have none. Of the unglossed editions with notes, the two most celebrated and useful are that of D. Godefroi and Van Leeuwen (2 vols. fol. apud Elzeviros, Amst. 1663), and that of Gebauer and Spangenberg (2 vols. 4to. Getting. 1776, 1797). Of the editions without notes the most beautiful and convenient is the well-known, but not very correct 8vo. Elzevir of 1664, distinguished as the Pars Secundus edition, from an error in p. 150. Two editions by Beck, one in 4to. and one in 5 vols. 8vo., were published at Leipzig in 1825 — 1836. The latest edition is that which was com- menced by the brothers Kriegel in 1833, and com- pleted in 1840, Hernmnni having edited the Code, and Osenbriiggen the Novells. The edition under- taken by Schrader and other eminent scholars will, if completed as it has been begun, supersede for some purposes all that have gone before it. The old editions of Contius, Russardus, Charondas and Pacius, are sought for by critics. A more complete enumeration of the editions of the collective Corjms Juris Civilis will be found in Bdcking's Instituti- onen, p. 85 — 88. There is a French translation of the whole Corpus, with the Latin text en regard, published at Paris 1805 — 1811. In this work we have: 1. The Institutes, by Hulot, 1 vol. 4to. or 5 vols. 8vo. ; 2. The Digest, by Hulot and Berthelot, 7 vols. 4to. or 35 vols. 12mo. ; 3. The Code, by Tissot, 4 vols. 4to. or 18 vols. 12mo. ; 5. The No- vells, by Berenger, 2 vols. 4to. or 10 vols. 12rao., to which is appended, 6. La Clef des Lois RonuiineSy ou Diciio?inaire, &c., 2 vols. 4 to. There is also »] German translation of the whole Corpus, by society of savans, edited by C. E. Otto, BrunoJ Schilling, and C. F. F. Sintenis (7 vols. 8vo. Lipa 1830-1833). [J. T. G.J THE COINS OF JUSTINIAN. The coins of Justinian, which are very nume- ' reus, have been explained in an interesting mono- gram entitled, ''Die Mlinzen Justinians, mit sechs Kupfertixfeln," by M. Pinder and J. Fried- lander, Berlin, 1843. These writers give a satis- factory explanation of the letters conob, which frequently appear on the coins of the Byzantine emperors, and which have given rise to much dis- pute. That CON should be separated from ob, and and that they signify Constantinople, seems clear from the legends auob, tesob, and trob, which indicate respectively the towns of Aquileia, Thessa- lonica, and Treves. The above-mentioned writers suppose that ob represent the Greek numerals, and J