Page:The New International Encyclopædia 1st ed. v. 04.djvu/890

* CIVIL LAW. 784 CIVIL LAW. Latium; but the Roman city law was not ap- plicable to the Italian allies {socii), unless e.- prcssly uiaile so by treaty. The best recoustrut- tiou of the Royal Laws is that of Voigt ; of the Twelve Tables, that of Dirkseu and SehiJll. Both may conveniently be consulted in Bruns, Fontes luris liomani Aiiliijui, Leges et Negotia (6th ed., Moiumsen and Gradenwitz, editors, Leipzig, 1893). II. Roman Mediterranean Law (jus gen- iiuiti). — The extension of Roman rule over the JMedilerranean basin compelled the Romans to work out a new system of law. The Roman city law was not, in theory, applicable to the provincials, since these were not citizens, but subjects ; and it would have been ill suited to the needs of llediterranean commerce. Between the years B.C. "250 and 150, the new law re- quired was developed : ( 1 ) in the edict of the pi'etor of the foreigners (prwlor pcregrinorum), who administered justice in Rome in all contro- versies except those in which both parties were citizens; and (2) in the edicts of the provincial governors (proconsuls and propretors). In mat- ters of purely local interest (e.g. family rela- tions and inheritance) the provincial edicts ap- parently preserved local usages; but in matters of conunercial interest the provincial edicts were patterned after the edict of the foreign pretor in Rome. A common law of property, of con- tracts, and of judicial procedure was thus estab- lished for the entire Jlediterranean basin. The sources of this law, according to the Romans, were the usages of all the ancient peoples {jus gentium) and natural reason. During the last century of the Republic, the rules of the new- system were gradually made applicable to con- troversies between Roman citizens. This was ac- complished in the edict of the city pretor. In this edict, moreover, the Roman law of inheri- tance was modified and made more equitable. Of the city edict in its final form, mucli has been ]U'eservcd. The best reconstruction is that of Lenel, Das Edictum Perpetuum (Leipzig, 1883). III. Roman Imperial Lair. — At the close of the Republican Period. Roman citizenship had been extended throughout Italy. L'ndcr the Empire it was giadually e.xtended through the provinces, until, early in the third century, Cara- calla made all the free iiiliabitants of the Empire Roman citizens, ^■ith this change the city law of Rome became, in theory, the law, of the Eni- )>irc. The jirctor of the foreigners and his edict disappeared ; but the city edict and the pro- vincial edicts remained in force. These, how- ever, had ceased to develop; the city edict re- ceived its final revision in the reign of Hadrian (A.D. 117-138). During the first three centuries of the Empire, the law was developed partly by legislation, proceeding from the Emperor and the senate, partly by juristic interpretation. Legislation gradually elTaccd provincial diversi- ties; interpretation fused the city law and the ]>retorian law into a harnionious system. In tliis period, the leading jurists were drawn more directly than before into the administration of justice. Three of the most famous, Papinian. Paul, and Ulpian, were successively chief justices of the Roman Empire. The juristic literature of the livte Republic and early Empire (rt.c. 100 to A.D. 250) was very extensive, and of the high- est order of excellence. It consisted largely of the collection and criticism of recorded decisions {responsa) and the scientific formulation of the principles on which they were based; that is, it was substantially a j)rogressive digesting of case law. Little of this literature has been pre- served, except in the Digest of Justinian. Of the works which have survived — which may conve- niently be consulted in Buschke, Jurisprudentiw Aiitejuslinianco' quw supcrsunt (5th ed., Leip- zig, 188t)) — the most important are the Institutes of tJaius and fragmenls of Paul's l!;entenccs and Ulpiau's Rules. (Gains has been translated by Poste, Oxford, 1871, 3d ed. 18'.)0; Uaius and L'lpian by Abdy and Walker, Cambridge, Kng., 187U, 3d ed. 1885; and by Muirhead, Edinburgh, 1880, 2d ed. 18115.) IV. Vodi/ication. — After the middle of the third century, the law was developed solely by Imperial constitutions, viz. decisions (rescripta) and enactments (leges). The first attempts at codification were systematic arrangements of these constitutions. Such were the Codex Gre- gorianus (about a.d. 295) and a supjilcmenlary Codex Uermogeniuiius, published in the following century. These were private compilations. The first official revision of the Imperial laws was made imdcr the direction of the Byzantine Em- peror Theodosius 11. The Codex Theodosianus was published ..D. 438, not only in Constanti- nople, but also, by arrangement with 'alentinian Hi., in Rome. The greater part of this code has come down to us. The fullest edition is by lliinel, 1842. Some additional fragments have been edited by Kriiger (1880). Theodosius had entertained, but did not carry out, a broader plan, involving an otUcial digest of the older law, as set forth in the juristic literature. This plan was taken up by the Byzantine Emperor Jus- tinian, and carried out under the direction of his minister, Tribonian. The law books pub- lished by Justinian were: (1) Institutes (Novem- ber 21, A.D. 533). This book, which sets forth the elements of the law, is based on the Insti- tutes of Gaius. It was intended primarily for law students, but it was publislied with statu- tory force. (2) Digest or I'andeets (December 10, 533), a full exposition of the older law. civil and pretoriaii. It is composed of excerpts from the juristic literature of four centuries (c.lOO B.C. to C.300 A.D.) — cliiefiy, however, from the literature produced between a.d. 150 and a.d. 250. The greater jiarl of the excerjits .seem to have been rcprodiu'cd williout change; but antiquated terms were replaced by those current in the sixth century, and in some cases the ))assages quoted were condensed or amplified. Like the litera- ture from which it was compiled, the Digest is substantially a collection of case law. (3) Codex (April 7, 529; 'second reading,' December 17, 534)— a revised collection of lm|)crial eon- slitutions, based on the earlier codes and replac- ing them. The language of these law books is Latin, although some passages in the Digest and many of the constitutions in the Code are in Greek. During the remaining years of his reign. Justinian issued many new constitutions {no- rella-), mostly in Greek; but of these no otiicial compilation was made. The combination of the Novels with the other law books of .Justinian, under the general title Corpus Juris Cirilis, dates from the twelfth century. The best edition is that by ilomnisen and Kriiger. There are com- plete French and German translations of the Corpus Juris, but only the Institutes have been