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Updated: September 3, 2025


When, therefore, by the assistance of the same eminent person Tribonian and that of other illustrious and learned men, we had compiled the fifty books, called Digests or Pandects, in which is collected the whole ancient law, we directed that these Institutes should be divided into four books, which might serve as the first elements of the whole science of law.

The choice of the authorities that compose the Pandects depended on the judgment of Tribonian: but the power of his sovereign could not absolve him from the sacred obligations of truth and fidelity. As the legislator of the empire, Justinian might repeal the acts of the Antonines, or condemn, as seditious, the free principles, which were maintained by the last of the Roman lawyers.

But it was not before the ideas, and even the language, of the Romans had been corrupted, that a royal law, and an irrevocable gift of the people, were created by the fancy of Ulpian, or more probably of Tribonian himself; and the origin of Imperial power, though false in fact, and slavish in its consequence, was supported on a principle of freedom and justice.

From the library of Tribonian, they chose forty, the most eminent civilians of former times: two thousand treatises were comprised in an abridgment of fifty books; and it has been carefully recorded, that three millions of lines or sentences, were reduced, in this abstract, to the moderate number of one hundred and fifty thousand.

They were selected by the imperial delegates, Tribonian, Theophilus, and Dorotheus, and the freedom and purity of the Antonines were incrusted with the coarser materials of a degenerate age. The same volume which introduced the youth of Rome, Constantinople, and Berytus to the gradual study of the Code and Pandects is still precious to the historian, the philosopher, and the magistrate.

A more arduous operation was still behind to extract the spirit of jurisprudence from the decisions and conjectures, the questions and disputes of the Roman civilians. Seventeen lawyers, with Tribonian at their head, were appointed by the Emperor to exercise an absolute jurisdiction over the works of their predecessors.

The changes and interpolations of Tribonian and his colleagues are excused by the pretence of uniformity: but their cares have been insufficient, and the antinomies, or contradictions of the Code and Pandects, still exercise the patience and subtilty of modern civilians.

He caused a famous lawyer, Tribonian, with the aid of a body of jurists, to make those collections of ancient law which are still in force in many countries.

Next followed Justice, with sword and scales, mounted; blindfold, upon a unicorn, while those learned doctors, Julian, Papinian, Ulpian, and Tribonian, rode on either side, attended by two lackeys and four men at arms. After these came Medicine, on horseback, holding in one hand a treatise of the healing art, in the other a garland of drugs.

He considered rather Ernulphus's anathema, as an institute of swearing, in which, as he suspected, upon the decline of swearing in some milder pontificate, Ernulphus, by order of the succeeding pope, had with great learning and diligence collected together all the laws of it; for the same reason that Justinian, in the decline of the empire, had ordered his chancellor Tribonian to collect the Roman or civil laws all together into one code or digest lest, through the rust of time and the fatality of all things committed to oral tradition they should be lost to the world for ever.

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