Home1860 Edition

CODE

Volume 7 · 259 words · 1860 Edition

(codex), a collection of the laws and constitutions of the Roman emperors, made by order of Justinian. The word comes from the Latin codex, a book; so called a codicebus vel candelibus arborum, the trunks of trees; the bark of which, when stripped off, was used by the ancients as material for writing upon.

The Code is accounted the second volume of the body of civil law, and contains twelve books; the matter of which is nearly the same with that of the Digest, especially the first eight books; but the style is neither so pure, nor the method so accurate, as that of the Digest; and it determines matters of daily use, whereas the Digest discusses the more abstruse and subtle questions of the law, and gives at the same time the opinions of the ancient juriconsults. Although Justinian's collection is distinguished by the appellation of Code, by way of eminence, yet there were codes before his time; as, first, the Gregorian code and Hermogenian code, a collection of the Roman laws made by two famous lawyers, Gregory and Hermogenes, and including the constitutions of the emperors from Hadrian to Diocletian and Maximinian; and, secondly, the Theodosian code, in sixteen books, formed out of the constitutions of the emperors from Constantine the Great to Theodosius the Younger, and observed almost all over the West, till it was superseded by the Justinian code. (See Civil Law.) There are several modern systematic collections of laws called codes, the most celebrated of which is the Code Napoleon. See France, and NAPOLEON.