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Updated: May 15, 2025
The literary labors of the age, the practical systems of law, agriculture, and history, might redound to the benefit of the subject and the honor of the Macedonian princes. The sixty books of the Basilics, the code and pandects of civil jurisprudence, were gradually framed in the three first reigns of that prosperous dynasty.
The second part, the Digest or Pandects, appeared in December, 533.
Miracle and ordeal proof introduced. The papacy resorts to auricular confession and the Inquisition. It perpetrates frightful atrocities for the suppression of differences of opinion. Effect of the discovery of the Pandects of Justinian and development of the canon law on the nature of evidence. It becomes more scientific. The Reformation establishes the rights of individual reason.
The most lasting memorial of his reign is to be found neither in his victories nor his monuments, but in the immortal works of the Code, the Pandects, and the Institutes, in which the civil jurisprudence of the Romans was digested, and by means of which the public reason of the Romans has been silently or studiously transfused into the domestic institutions of the whole of Europe.
The Code, Pandects, Institutes, and Novels of Justinian, comprise the Roman law, as received in Europe, in the form given by the school of Bologna, and is called the "Corpus Juris Civilis."
In the same year, 533, in which Justinian addressed to the Pope this remarkable recognition of the Roman Primacy, specifying that everything which concerns the whole Church should be brought before the Pope, though it might be already certain and in accordance with established usage, he gave his approval to that collection of laws called in Latin the Digest and in Greek the Pandects, which he had commissioned Tribonian and other great lawyers to draw up.
5 Conversely, if a person, while absent in the service of the State, or while in the power of an enemy, acquires by usucapion property belonging to some one resident at home, the latter is allowed, within a year from the cessation of the possessor's public employment, to sue for a recovery of the property by a rescission of the usucapion: by fictitiously alleging, in other words, that the defendant has not thus acquired it; and the praetor from motives of equity allows this kind of action to be brought in certain other cases, as to which information may be gathered from the larger work of the Digest or Pandects.
The relation of guardian and ward, or in Roman words of tutor and pupil, which covers so many titles of the Institutes and Pandects, is of a very simple and uniform nature. The person and property of an orphan must always be trusted to the custody of some discreet friend.
Maser Djaivah, physician to the Khalif Moawiyah, was distinguished at once as a poet, a critic, a philosopher; Haroun, a physician of Alexandria, whose Pandects, a treatise unfortunately now lost, are said to have contained the first elaborate description of the small-pox and method of its treatment.
Yet the magistrates of Justinian were not subject to the authority of the Church; the Emperor consulted the unbelieving civilians of antiquity, and the choice of matrimonial laws in the Code and Pandects is directed by the earthly motives of justice, policy, and the natural freedom of both sexes.
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