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Updated: May 15, 2025
Thus many learned lawyers contributed to the Pandects, many physicians to the Tegni, and it was by this means that Avicenna edited his Canon, and Pliny his great work on Natural History, and Ptolemy the Almagest.
Their dogmas on the point are preserved in the Pandects of Justinian, and amount to an unqualified assertion that enemy's property of every sort is res nullius to the other belligerent, and that Occupancy, by which the Captor makes them his own, is an institution of Natural Law.
Compare these laws, first, with Tacitus's account of the constitutional laws of our German ancestors, Pagans; and then with the Pandects and 'Novellæ' of the most Christian Justinian, aided by all his Bishops.
To maintain the text of the Pandects, the Institutes, and the Code, the use of ciphers and abbreviations was rigorously proscribed; and as Justinian recollected, that the perpetual edict had been buried under the weight of commentators, he denounced the punishment of forgery against the rash civilians who should presume to interpret or pervert the will of their sovereign.
Next morning the eccentric cardinal returned me my Pandects, and I immediately returned his funeral oration, with a letter in which I pronounced it a masterpiece of composition, though I laid barely glanced over it in reality. My brother told me I was wrong, but I did not trouble what he said, not caring to guide myself by his rulings.
So from thence he came to Bourges, where he studied a good long time, and profited very much in the faculty of the laws, and would sometimes say that the books of the civil law were like unto a wonderfully precious, royal, and triumphant robe of cloth of gold edged with dirt; for in the world are no goodlier books to be seen, more ornate, nor more eloquent than the texts of the Pandects, but the bordering of them, that is to say, the gloss of Accursius, is so scurvy, vile, base, and unsavoury, that it is nothing but filthiness and villainy.
The Constituent Assembly had attempted to form a code that might counteract the spirit of legal disputation, for which the French are so remarkable; but this single decree will give birth to more processes than all the pandects, canons, and droits feodaux, accumulated since the days of Charlemagne; and I doubt, though one half the nation were lawyers, whether they might not find sufficient employment in demalgamating the property of the other half.
"Nor I either; but unfortunately when Peter has pored a certain time over Coke upon Littleton, and other abstruse legal authorities, he accidentally witnesses a review; he throws down his books, and resolves to become a soldier." "After the manner and style of our Fritz," suggested Jack. "He changes the Pandects for Polybius, and Gray's Inn for a military school.
Maine's Treatise on Ancient Law is exceedingly interesting and valuable. Gibbon's famous chapter should also be read by every student. There is a fine translation of the Institutes of Justinian, which is quite accessible, by Dr. Harris of Oxford. The Code, Pandects, Institutes, and Novels are of course the original authority, with the long-lost Institutes of Gaius.
Justinian thereupon authorized Tribonian, then quaestor, vir magnificus magisteria dignitate inter agentes decoratus, "for great titles were now given to the officers of the crown," to prepare, with the assistance of sixteen associates, a collection of extracts from the writings of the most eminent jurists, so as to form a body of law for the government of the empire, with power to select and omit and alter; and this immense work was done in three years, and published under the title of Digest, or Pandects.
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