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Updated: May 15, 2025
Senator Allen of Nebraska quoted more than thirty authorities, ranging from the Pandects of Justinian to enlivening doggerel poetry. Feeling ran high. In the West, Jones, Allen and others were looked upon as heroes; in the East, as villains.
A man of hugely sanguine temperament, inquisitive and enterprising and impulsive, he had the fortune to be served by some great men: Tibonian, who drew up the Pandects; Belisarius and Narses, who thrashed the barbarians; the architect who built Saint Sophia.
Among the selected jurists only three names belonged to the age of the republic, the civilians who flourished under the first emperors are seldom appealed to; so that most of the writers whose works have contributed to the Pandects lived within a period of one hundred years.
Still, most of the Ten Commandments remain at the core of all the Pandects and Institutes that keep our hands off our neighbours' throats, wives, and pockets; still, every year shows that the parson's maxim "non quieta movere " is as prudent for the health of communities as when Apollo recommended his votaries not to rake up a fever by stirring the Lake Camarina; still, people, thank Heaven, decline to reside in parallelograms, and the surest token that we live under a free government is when we are governed by persons whom we have a full right to imply, by our censure and ridicule, are blockheads compared to ourselves!
The civil and the common law have yielded to the pressure of the times, and have adopted much which philosophy and experience have recommended, altho it stood upon no test of the pandects and claimed no support from the feudal polity. Commercial law, at least so far as England and America are concerned, is the creation of the eighteenth century.
XV. 64 Seneca is described as "writing in the codicil of his will" "in codicillis rescripserat." VI. c. 3. It looks then tolerably clear that the author of the Annals got his Latin about "codicillus" in the plural signifying the "codicil to a will" either from the Institutes of Marcian or the Pandects of Justinian. Another very peculiar alliteration of Bracciolini's is with the letter c.
Among the selected jurists, only three names belonged to the age of the republic; the civilians who flourished under the first emperors are seldom appealed to; so that most of the writers, whose works have contributed to the Pandects, lived within a period of one hundred years.
6 These examples will have been sufficient to illustrate our meaning; the multitude and variety of the cases in which exceptions are necessary may be learnt by reference to the larger work of the Digest or Pandects. 7 Some exceptions derive their force from statutes or enactments equivalent to statutes, others from the jurisdiction of the praetor;
He gave me his funeral oration on Prince Eugene, and in return I sent him the 'Pandects'." "Has he accepted them?" "I think so, Holy Father." "If he has, he will send Winckelmann to pay you for them." "That would be treating me like a bookseller; I will not receive any payment." "Then he will return the volume of the 'Pandects'; we are sure of it, he always does so."
The earliest modern writers on jurisprudence remark that it was only the fiercer and ruder of the conquerors of the empire, and notably the nations of Sclavonic origin, which exhibited a Patria Potestas at all resembling that which was described in the Pandects and the Code.
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