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Bouvier's Law Dictionary, Revised 6th Edition (1856)

DIGEST, civil law. The name sometimes given to the Pandects of Justinian; it
is so called because this compilation is reduced to order, quasi digestiae.


2. It is an abridgment of the decisions of the praetors and the works
of the learned, and ancient writers on the law. It was made by order of the
emperor Justinian, who, in 530, published an ordinance entitled De
Conceptione Digestorum, which was addressed to Tribonian, and by which he
was required to select some of the most distinguished lawyers to assist him
in composing a collection of the best decisions of the ancient lawyers, and
compile them is fifty books, without confusion or contradiction. The work
was immediately commenced, and completed on the 16th of December, 533.
3. The Digest is divided in two different ways; the first, into fifty
books, each book into several titles, and each title into several laws at
the head of each of them is the name of the lawyer from. whose work it was
taken.
4.-1. The first book contains twenty-two titles; the subject of the
first is De justicia et jure; of the division of person and things; of
magistrates, &c.
5.-2. The second, divided into fifteen titles, treats of the power of
magistrates and their jurisdiction; the manner of commencing suits; of
agreements and compromises.
6.-3. The third, composed of six titles, treats of those who can and
those who cannot sue; of advocates and attorneys and syndics; and of
calumny.
7.-4. The fourth, divided into nine titles, treats of causes of
restitution of submissions and arbitrations; of minors, carriers by water,
innkeepers and those who have the care of the property of others.
8.-5. In the fifth there are six titles, which. treat of jurisdiction
and inofficious testaments.
9.-6. The subject, of the sixth, in which there are three titles, is
actions.
10.-7. The seventh, in nine titles, embraces whatever concerns
usufructs, personal servitudes, habitations, the uses of real estate, and
its appurtenances, and of the sureties required of the usufructuary.
11.-8. The eighth book, in six titles, regulates urban and rural
servitudes.
12.-9. The ninth book, in four titles, explains certain personal
actions.
13.-10. The tenth, in four titles, treats of mixed actions.
14.-11. The object of the eleventh book, containing eight titles, is
to regulate interrogatories, the cases of which the judge was to take
cognizance, fugitive slaves, of gamblers, of surveyors who made false
reports, and of funerals and funeral expenses.
15.-12. The twelfth book, in seven titles, regulates personal actions
in which the plaintiff claims the title of a thing.
16.-13. The thirteenth, treats of certain particular actions, in seven
titles.
17.-14. This, like the last, regulates certain actions: it has six
titles.
18.-15. The fifteenth, in four titles, treats of actions for which a
father or master is liable, in consequence of the acts of his children or
slaves, and those to which he is entitled; of the peculium of children and
slaves, and of the actions on this right.
19.-16. The sixteenth, in three titles, contains the law. relating to
the senatus consultum velleianum, of compensation or set off, and of the
action of deposit.
20.-17. The seventeenth, in two titles, expounds the law of mandates
and partnership.
21.-18. The eighteenth book, in seven titles, explains the contract of
sale.
22.-19. The nineteenth, in five titles, treats of the actions which
arise on a contract of sale.
23.-20. The law relating to pawns, hypothecation, the preference among
creditors, and subrogation, occupy the twentieth book, which contains six
titles.
24.-21. The twenty-first book, explains under three titles, the edict
of the ediles relating to the sale of slaves and animals; then what relates
to evictions and warranties.
25.-22. The twenty-second treats of interest, profits and accessories
of things, proofs, presumptions, and of ignorance of law and fact. It is
divided into six titles.
26.-23. The twenty-third, in five titles, contains the law of
marriage, and its accompanying agreements.
27.-24. The twenty-fourth, in three titles, regulates donations
between husband and wife, divorces, and their consequence.
28.-25. The twenty-fifth is a continuation of the subject of the
preceding. It contains seven titles.
29.-26 and 27. These two books, each in two titles, contain the law
relating to tutorship and curatorship.
30.-28. The twenty-eighth, in eight titles, contain's the law on last
wills and testaments.
31.-29. The twenty-ninth, in seven titles, is the continuation of the
twenty-eighth book.
32.-30, 31, and 32. These three books, each divided into two titles,
contain the law of trusts and specific legacies.
33.-33, 34, and 35. The first of these, divided into ten titles; the
second, into nine titles; and the last into three titles, treat of various
kinds of legacies.
34.-36. The thirty-sixth, containing four titles, explains the senatus
consultum trebellianum, and the time when trusts become due.
35.-37. This book, containing fifteen titles, has two objects first,
to regulate successions; and, secondly, the respect which children owe their
parents, and freedmen their patrons.
36.-38. The thirty-eighth book, in seventeen titles, treats of a
variety of subjects; of successions, and of the degree of kindred in
successions; of possession; and of heirs.
37.-39. The thirty-ninth explains the means which the law and the
prAEtor take to prevent a threatened iNjury; and donations inter vivos and
mortis causa.
38.-40. The fortieth, in sixteen titles, treats of the state and
condition of persons, and of what relates to freedmen and liberty.
39.-41. The different means of acquiring and losing title to property,
are explained in the forty-first book, in ten titles.
40.-42. The forty-second, in eight titles, treats of the res
judicata, and of the seizure and sale of the property of a debtor.
41.-43. Interdicts or possessory actions are the object of the forty-
third book, in three titles.
42.-44. The forty-fourth contains an enumeration of defences which arise
in consequence of the res judicata, from the lapse of time, prescription, and

the like. This occupies six titles; the seventh treats of obligations and
actions.
43.-45. This speaks of stipulations, by freedmen, or by slaves. It
contains only three titles.
44.-46. This book, in eight titles, treats of securities, novations,
and delegations, payments, releases, and acceptilations.
45.-47. In the forty-seventh book are explained the punishments
inflicted for private crimes, de privates delictis, among which are included
larcenies, slander, libels, offences against religion, and public manners,
removing boundaries, and other similar offences.
46.-48. This book treats of public crimes, among which are enumerated
those Iaesae majestatis, adultery, murder, poisoning, parricide, extortion,
and the like, with rules for procedure in such cases.
47.-49. The forty-ninth, in eighteen titles, treats of appeals, of
the rights of the public treasury, of those who are in captivity, and of
their repurchase.
48.-50. The last book, in seventeen titles, explains the rights of
municipalities. and then treats of a variety of public officers.
49. Besides this division, Justinian made another, in which the fifty
books were divided into seven parts: The first contains the first four
books; the second, from the fifth to the eleventh book inclusive; the third,
from the twelfth to the nineteenth inclusive; the fourth, from title
twentieth to the twenty-seventh inclusive; the fifth, from the twenty-eighth
to the thirty-sixth inclusive the sixth, commenced with the thirty seventh,
and ended with the forty-fourth book; and the seventh or last was composed
of the last six books.
50. A third division, which, however, is said not to have been made by
Justinian, is in three parts. The first, called digestum vetus, because it
was the first printed. It commences with the first book, and. includes the
work to the end of the second title of the twenty-fourth book. The second,
called digestum infortiatum, because it is supported or fortified by the
other two, it being the middle; it commences with the beginning of the third
title of the twenty-fourth book and ends with the thirty-eighth. The third,
which begins with the thirty-ninth book and ends with the work, is called
digestum novum, because it was last printed.
51. The Digest, although, compiled in Constantinople, was originally
written in Latin, and afterwards translated into Greek.
52. This work was lost to all Europe during a considerable period, as
indeed all the law works of Justinian were, except some fragments of the
Code and Novels. During the pillage of Amalphi, in the war between the two
soi-disant popes Innocent II. and Anaclet II., a soldier discovered an old
manuscript, which attracted his attention by its envelope of many colors. It
was carried to the emperor, Clothaire II., and proved to be the Pandects of
Justinian. The work was arranged in its present order by Warner, a German,
whose name, Latinised, is Irnerius, who was appointed professor of Roman law
at Bologna, by that emperor. 1 Fournel, Hist. des Avocats, 44, 46, 51.
53. The Pandects contain all whatsoever Justinian drew out of 150,000
verses of the old books of the Roman law. The style of the Digest is very
grave and pure, and differs not much from the eloquentist speech that ever
the Romans used." The learning of the digest stands rather in the discussing
of subtle questions of law, and enumerations of the variety of opinions of
ancient lawyers thereupon, than in practical matters of daily use. The Code
of Justinian differs in these respects from, the Digest. It is less
methodical, but more practical; the style however, is a barbarous Thracian
phrase Latinised, such as never any mean Latinist spoke. The work is
otherwise rude and unskillful. Ridley's View of the Civ. & Ecc. Law, pt. 1,
ch. 2, Sec. 1, and ch. 1, Sec. 2.
54. Different opinions are entertained upon the merits of the Digest, or
Pandects, Code, Authentics and Feuds, as a system of jurisprudence. By some
it has been severely criticised, and even harshly censured, and by others as
warmly defended the one party discovering nothing but defects, and the other
as obstinately determined to find nothing but what is good and valuable. See
Felangieri della Legislazione, vol. 1, c. 7. It must be confessed that it is
not without defects. It might have been comprehended in less extent, and in
some parts arranged in better order. It must be confessed also that it is
less congenial as a whole, with the principles of free government, than the
common law of England. Yet, with all these defects, it is a rich fountain of
learning and reason; and of this monument of the high culture and wisdom of
the Roman jurists it may be said, as of all other works in which the good so
much surpasses the bad.
Ut plura intent in carmine non ego paucis
Offendar maculis, quas aut incuria fudit
Aut humana parum cavit natura.
HORAT. ART. POETIC, v. 351.

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