Corpus Juris Civilis Justinianei, cum commentariis Accursii, scholiis Contii, et Dionysii Gothofredi
Title: [Corpus juris civilis.]
Corpvs ivris civilis Ivstinianei : cvm commentariis Accvrsii, scholiis Contii et Dionysii Gothofredi ivcvbrationibvs ad Accursium & aliorum observationibus, qvibvs novissima hac editione accessere Iacobi Cviacii notae, observationes & emendationes praeterea Iacobi Cviacii paratitla. Ad rubrucas legum et titulorum, indicem distinctum, factos consulares canones chronicos Antonij Contij successit repertorij loro juris ciuiles index authore Stephano Daoys. Accessere praeterea remissiones P. Brossei.
Publisher: Lugduni : J. Pillehotte, 1612.
Edition Date: 1612
Notes: "Edition dite du 'Lion moucheté'." - Bib. nat. Cat.
Contents: v. 1. Digestum vetus -- v. 2. Infortiatum, seu Pandectarum juris civilis tomus recundus -- v. 3. Digestum novum -- [v. 4.] Codicis ... Justiniani ... libri XII -- [v. 5.] Volumen legum parvum quod vocant, in quo haec insumt: tres posteriores libri Codicis D. Justiniani -- [v. 6] Institutionum -- v. 7. Juris civilis postimus tomus.
Physical Details: 7 v. in 6. ; 40 cm.
(the example pictured above is found in
Paris, bibliothèque de la Cour de cassation,
and listed as:
6 vol. in-folio, 39 x 25 cm)
Cette version comporte les commentaires du jurisconsulte italien Accurse (1182-1260) et des annotations d'Antoine Leconte (1517-1586), Denis Godefroy (1549-1622) et Jacques Cujas (1522-1590).
L'édition se distingue par un volumineux index dû à Esteban Daoyz (?-1619), jurisconsulte de Pampelune connu pour ses index en droit civil et en droit canon.
Cet exemplaire est dit au "lion moucheté", en raison de la marque qui orne son titre.
La devise "De forti dulcedo" (La douceur vient du fort) renvoie à l'histoire de Samson, qui trouva dans la dépouille du lion qu'il avait tué un essaim d'abeilles et du miel.
Other Authors: Leconte, Antoine, 1517-1586.
Daoiz, Esteban, d. 1619.
Brosses, Pierre de, 16th cent.
Corpus Iuris Civilis Iustinianei - Publisher: Lugduni, Sumptibus Petri Rousselet, 1612.
"The most enduring work of Justinian was his codification of the laws. This, too, was an important part of his general scheme. The great empire he was reconquering must have the strength of organized unity. He says in the edict of promulgation of his laws that a state rests on arms and law ("De Justin. Cod. Confirmando", printed in front of the codex). The scattered decrees of his predecessors must then be collected in a well-ordered and complete codex, logically arranged, so that every Roman citizen could learn at once the law of the empire on any subject. This codification was Justinian's great work. He made many new laws himself, but his enduring merit is rather the classification of scattered older laws. The legislation that the world owes to Justinian is in outline this:
*First, a commission of ten lawyers (including the famous Tribonianus and Theophilus) reduced the bulky and rambling Theodosian Code (published in 438) to an orderly compendium, inserting into it the laws made since it was written. So the "Codex" was produced in 529.
*Second, a mass of answers given by authorities (the responsa prudentum that formed acknowledged precedents) were arranged (omitting all superfluities) in fifty books, whereby a law library of a hundred and six volumes was reduced to about one-fifth. This is the "Digest", or "Pandects", published in 530.
*Third, a manual of law for students was compiled from the commentaries of Gaius (second century). This, the "Institutes", was published in the same year, 530.
*In 534, finally, the whole work was revised, and a fourth part, the "Authentic", or "Novels", was added, containing later decisions made by Justinian's own courts.
So the immortal "Corpus Juris Civilis" was produced, consisting of four parts: (a) Digestae seu Pondecta, (b) Institutiones, (c) Codex, (d) Authenticum seu Novellae (an excellent account of its composition is found in Bury's Gibbon, ed. Cit., IV 461-510). It would be difficult to exaggerate the importance of this "Corpus". It is the basis of all canon law (ecclesia vivit lege romana), and the basis of civil law in every civilized country.
Article by George Long, M.A., Fellow of Trinity College
on pp363-364 of
William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.
CORPUS JURIS CIVILIS. The three great compilations of Justinian, the Institutes, the Pandect or Digest, and the Code, together with the Novellae, form one body of law, and were considered as such by the glossatores, who divided it into five volumina. The Digest was distributed into three volumina, under the respective names of Digestum Vetus, Infortiatum, and Digestum Novum. The fourth volume contained the first nine books of the Codex Repetitae Praelectionis. The fifth volume contained the Institutes, the Liber Authenticorum or Novellae, and the three last books of the Codex. The division into five volumina appears in the oldest editions; but the usual arrangement now is, the Institutes, Digest, the Code, and Novellae. The name Corpus Juris Civilis was not given to this collection by Justinian, nor by any of the glossatores. Savigny asserts that the name was used in the twelfth century: at any rate, it became common from the date of the edition of D.ÝGothofredus, 1604.
Most editions of the Corpus also contain the following matter:ã Thirteen edicts of Justinian, five constitutions of Justin the younger, several constitutions of Tiberius the younger, a series of constitutions of Justinian, Justin, and Tiberius; 113 Novellae of Leo, a constitution of Zeno, and a number of constitutions of different emperors, under the name of Basilikai\ Diata/xeij or Imperatoriae Constitutiones; the Canones Sanctorum et venerandorum Apostolorum, Libri Feudorum, a constitution of the emperor Frederick II, two of the emperor Henry VII called Extravagantes, and a Liber de pace Constantiae. Some editions also contain the fragments of the Twelve Tables, of the praetorian edict, etc.
The Roman law, as received in Europe, consists only of the Corpus Juris, that is, the three compilations of Justinian and the Novellae which were issued after these compilations; and further, this Corpus Juris is only received within the limits and in the form which was given to it in the school of Bologna. Accordingly, all the Ante-Justinian law is now excluded from all practical application; also, the Greek texts in the Digest, in the place of which the translations received at Bologna are substituted; and further, the few unimportant restorations in the Digest, and the more important restorations in the Codex. Of the three collections of Novellae, that only is received which is called Authenticum, and in the abbreviated form which was given to it at Bologna, called the Vulgata.
But, on the other hand, there are received the additions made to the Codex in Bologna by the reception of the Authentica of the Emperors Frederick I and II, and the still more numerous Authentica of Irnerius. The application of the matter comprised within these limits of the Corpus Juris has not been determined by the school of Bologna, but by the operation of other principles, such as the customary law of different European countries and the development of law. Various titles of the Corpus Juris have little or no application in modern times; for instance, that part of the Roman law which concerns constitutional forms and administration. (Savigny, System des Heut. R–mischen Rechts, vol. i p66).
Some editions of Corpus Juris are published with the glossae, and some without. The latest edition with the glossae is that of J. Febius, Lugd. 1560-61, folio, which was several times reprinted; Contius, Lugd. 1571 and 1581, 15 vols. 12mo; Lud. Charondae, Antw. ap. Christ. Plantin. 1575, folio; Dionys. Gothofredi, Lugd. 1583, 4to. of which there are various editions, one of the best by Sim. Van Leeuwen, Amst. 1663, folio; G. Chr. Gebaueri, cura G. Aug. Spangenberg, Goetting. 1776-1797, 2 vols. 4to; Schrader, 1 vol. 4to, Berlin, 1832, of which only the Institutes are yet published.
For further information on the editions of the Corpus Juris and its several portions, see B–cking, Institutionen, p78, etc., and Mackeldey, Lehrbuch, etc. 97a, 12th ed.