FOOTNOTE:

[1] Where a borough council desire the appointment of a stipendiary

magistrate they may present a petition for the same to the secretary

of state and it is thereupon lawful for the king to appoint to that

office a barrister of seven years' standing. He is by virtue of his

office a justice for the borough, and receives a yearly salary,

payable in four equal quarterly instalments. On a vacancy,

application must again be made as for a first appointment. There may

be more than one stipendiary magistrate for a borough.

JUSTICIAR (med. Lat. _justiciarius_ or _justitiarius_, a judge), in

English history, the title of the chief minister of the Norman and

earlier Angevin kings. The history of the title in this connotation is

somewhat obscure. _Justiciarius_ meant simply "judge," and was

originally applied, as Stubbs points out (_Const. Hist._ i. 389, note),

to any officer of the king's court, to the chief justice, or in a very

general way to all and sundry who possessed courts of their own or were

qualified to act as _judices_ in the shire-courts, even the style

_capitalis justiciarius_ being used of judges of the royal court other

than the chief. It was not till the reign of Henry II. that the title

_summus_ or _capitalis justiciarius_, or _justiciarius totius Angliae_

was exclusively applied to the king's chief minister. The office,

however, existed before the style of its holder was fixed; and, whatever

their contemporary title (e.g. _Custos Angliae_), later writers refer to

them as _justiciarii_, with or without the prefix _summus_ or

_capitalis_ (ibid. p. 346). Thus Ranulf Flambard, the minister of

William II., who was probably the first to exercise the powers of a

justiciar, is called _justiciarius_ by Ordericus Vitalis.

The origin of the justiciarship is thus given by Stubbs (ibid. p. 276).

The sheriff "was the king's representative in all matters judicial,

military and financial in the shire. From him, or from the courts of

which he was the presiding officer, appeal lay to the king alone; but

the king was often absent from England and did not understand the

language of his subjects. In his absence the administration was

entrusted to a justiciar, a regent or lieutenant of the kingdom; and the

convenience being once ascertained of having a minister who could in the

whole kingdom represent the king, as the sheriff did in the shire, the

justiciar became a permanent functionary."

The fact that the kings were often absent from England, and that the

justiciarship was held by great nobles or churchmen, made this office of

an importance which at times threatened to overshadow that of the Crown.

It was this latter circumstance which ultimately led to its abolition.

Hubert de Burgh (q.v.) was the last of the great justiciars; after his

fall (1231) the justiciarship was not again committed to a great baron,

and the chancellor soon took the position formerly occupied by the

justiciar as second to the king in dignity, as well as in power and

influence. Finally, under Edward I. and his successor, in place of the

justiciar--who had presided over all causes _vice regis_--separate heads

were established in the three branches into which the _curia regis_ as a

judicial body had been divided: justices of common pleas, justices of

the king's bench and barons of the exchequer.

Outside England the title justiciar was given under Henry II. to the

seneschal of Normandy. In Scotland the title of justiciar was borne,

under the earlier kings, by two high officials, one having his

jurisdiction to the north, the other to the south of the Forth. They

were the king's lieutenants for judicial and administrative purposes and

were established in the 12th century, either by Alexander I. or by his

successor David I. In the 12th century a _magister justitiarius_ also

appears in the Norman kingdom of Sicily, title and office being probably

borrowed from England; he presided over the royal court (_Magna curia_)

and was, with his assistants, empowered to decide, _inter alia_, all

cases reserved to the Crown (see Du Cange, _s.v. Magister

Justitiarius_).

See W. Stubbs, _Const. Hist. of England_; Du Cange, _Glossarium_

(Niort, 1885) s.v. "Justitiarius."

JUSTICIARY, HIGH COURT OF, in Scotland, the supreme criminal court,

consisting of five of the lords of session together with the lord

justice-general and the lord justice-clerk as president and

vice-president respectively. The constitution of the court is settled by

the Act 1672 c. 16. The lords of justiciary hold circuits regularly

twice a year according to the ancient practice, which, however, had been

allowed to fall into disuse until revived in 1748. For circuit purposes

Scotland is divided into northern, southern and western districts (see

CIRCUIT). Two judges generally go on a circuit, and in Glasgow they are

by special statute authorized to sit in separate courts. By the Criminal

Procedure (Scotland) Act 1887 all the senators of the college of justice

are lords commissioners of justiciary. The high court, sitting in

Edinburgh, has, in addition to its general jurisdiction, an exclusive

jurisdiction for districts not within the jurisdiction of the

circuits--the three Lothians, and Orkney and Shetland. The high court

also takes up points of difficulty arising before the special courts,

like the court for crown cases reserved in England. The court of

justiciary has authority to try all crimes, unless when its jurisdiction

has been excluded by special enactment of the legislature. It is also

stated to have an inherent jurisdiction to punish all criminal acts,

even if they have never before been treated as crimes. Its judgments are

believed to be not subject to any appeal or review, but it may be

doubted whether an appeal on a point of law would not lie to the house

of lords. The following crimes must be prosecuted in the court of

justiciary: treason, murder, robbery, rape, fire-raising, deforcement of

messengers, breach of duty by magistrates, and all offences for which a

statutory punishment higher than imprisonment is imposed.

JUSTIFICATION, in law, the showing by a defendant in a suit of

sufficient reason why he did what he was called upon to answer, For

example, in an action for assault and battery, the defendant may prove

in justification that the prosecutor assaulted or beat him first, and

that he acted merely in self-defence. The word is employed particularly

in actions for defamation, and has in this connexion a somewhat special

meaning. When a libel consists of a specific charge a plea of

justification is a plea that the words are true in substance and in fact

(see LIBEL AND SLANDER).

JUSTIN I. (450-527), East Roman emperor (518-527), was born in 450 as a

peasant in Asia, but enlisting under Leo I. he rose to be commander of

the imperial guards of Anastasius. On the latter's death in 518 Justin

used for his own election to the throne money that he had received for

the support of another candidate. Being ignorant even of the rudiments

of letters, Justin entrusted the administration of state to his wise and

faithful quaestor Proclus and to his nephew Justinian, though his own

experience dictated several improvements in military affairs. An

orthodox churchman himself, he effected in 519 a reconciliation of the

Eastern and Western Churches, after a schism of thirty-five years (see

HORMISDAS). In 522 he entered upon a desultory war with Persia, in which

he co-operated with the Arabs. In 522 also Justin ceded to Theodoric,

the Gothic king of Italy, the right of naming the consuls. On the 1st of

April 527 Justin, enfeebled by an incurable wound, yielded to the

request of the senate and assumed Justinian at his colleague; on the 1st

of August he died. Justin bestowed much care on the repairing of public

buildings throughout his empire, and contributed large sums to repair

the damage caused by a destructive earthquake at Antioch.

See E. Gibbon, _Decline and Fall of the Roman Empire_ (ed. Bury,

1896), iv. 206-209.

JUSTIN II. (d. 578), East Roman emperor (565-578), was the nephew and

successor of Justinian I. He availed himself of his influence as master

of the palace, and as husband of Sophia, the niece of the late empress

Theodora, to secure a peaceful election. The first few days of his

reign--when he paid his uncle's debts, administered justice in person,

and proclaimed universal religious toleration--gave bright promise, but

in the face of the lawless aristocracy and defiant governors of

provinces he effected few subsequent reforms. The most important event

of his reign was the invasion of Italy by the Lombards (q.v.), who,

entering in 568, under Alboin, in a few years made themselves masters of

nearly the entire country. Justin's attention was distracted from Italy

towards the N. and E. frontiers. After refusing to pay the Avars

tribute, he fought several unsuccessful campaigns against them. In 572

his overtures to the Turks led to a war with Persia. After two

disastrous campaigns, in which his enemies overran Syria, Justin bought

a precarious peace by payment of a yearly tribute. The temporary fits of

insanity into which he fell warned him to name a colleague. Passing over

his own relatives, he raised, on the advice of Sophia, the general

Tiberius (q.v.) to be Caesar in December 574 and withdrew for his

remaining years into retirement.

See E. Gibbon, _Decline and Fall of the Roman Empire_ (ed. Bury,

1896), v. 2-17; G. Finlay, _History of Greece_ (ed. 1877), i. 291-297;

J. Bury, _The Later Roman Empire_ (1889), ii. 67-79. (M. O. B. C.)

JUSTIN (JUNIANUS JUSTINUS), Roman historian, probably lived during the

age of the Antonines. Of his personal history nothing is known. He is

the author of _Historiarum Philippicarum libri XLIV._, a work described

by himself in his preface as a collection of the most important and

interesting passages from the voluminous _Historiae philippicae et

totius mundi origines et terrae situs_, written in the time of Augustus

by Pompeius Trogus (q.v.). The work of Trogus is lost; but the _prologi_

or arguments of the text are preserved by Pliny and other writers.

Although the main theme of Trogus was the rise and history of the

Macedonian monarchy, Justin yet permitted himself considerable freedom

of digression, and thus produced a capricious anthology instead of a

regular epitome of the work. As it stands, however, the history contains

much valuable information. The style, though far from perfect, is clear

and occasionally elegant. The book was much used in the middle ages,

when the author was sometimes confounded with Justin Martyr.

Ed. princeps (1470); J. G. Graevius (1668); J. F. Gronovius (1719); C.

H. Frotscher (1827-1830); J. Jeep (1859); F. Rühl (1886, with

prologues); see also J. F. Fischer, _De elocutione Justini_ (1868); F.

Rühl, _Die Verbreitung des J. im Mittelalter_ (1871); O. Eichert,

_Wörterbuch zu_ J. (1881); Köhler and Rühl in _Neue Jahrbücher für

Philologie_, xci., ci., cxxxiii. There are translations in the chief

European languages; in English by A. Goldyng (1564); R. Codrington

(1682); Brown-Dykes (1712); G. Turnbull (1746); J. Clarke (1790); J.

S. Watson (1853).

JUSTINIAN I. (483-565). Flavius Anicius Justinianus, surnamed the Great,

the most famous of all the emperors of the Eastern Roman Empire, was by

birth a barbarian, native of a place called Tauresium in the district of

Dardania, a region of Illyricum,[1] and was born, most probably, on the

11th of May 483. His family has been variously conjectured, on the

strength of the proper names which its members are stated to have borne,

to have been Teutonic or Slavonic. The latter seems the more probable

view. His own name was originally Uprauda.[2] Justinianus was a Roman

name which he took from his uncle Justin I., who adopted him, and to

whom his advancement in life was due. Of his early life we know nothing

except that he went to Constantinople while still a young man, and

received there an excellent education. Doubtless he knew Latin before

Greek; it is alleged that he always spoke Greek with a barbarian accent.

When Justin ascended the throne in 518, Justinian became at once a

person of the first consequence, guiding, especially in church matters,

the policy of his aged, childless and ignorant uncle, receiving high

rank and office at his hands, and soon coming to be regarded as his

destined successor. On Justin's death in 527, having been a few months

earlier associated with him as co-emperor, Justinian succeeded without

opposition to the throne. About 523 he had married the famous Theodora

(q.v.), who, as empress regnant, was closely associated in all his

actions till her death in 547.

Justinian's reign was filled with great events, both at home and abroad,

both in peace and in war. They may be classed under four heads: (1) his

legal reforms; (2) his administration of the empire; (3) his

ecclesiastical policy; and (4) his wars and foreign policy generally.

1. It is as a legislator and codifier of the law that Justinian's name

is most familiar to the modern world; and it is therefore this

department of his action that requires to be most fully dealt with here.

He found the law of the Roman empire in a state of great confusion. It

consisted of two masses, which were usually distinguished as old law

(_jus vetus_) and new law (_jus novum_). The first of these comprised:

(i.) all such of the statutes (_leges_) passed under the republic and

early empire as had not become obsolete; (ii.) the decrees of the senate

(_senatus consulta_) passed at the end of the republic and during the

first two centuries of the empire; (iii.) the writings of the jurists of

the later republic and of the empire, and more particularly of those

jurists to whom the right of declaring the law with authority (_jus

respondendi_) had been committed by the emperors. As these jurists had

in their commentaries upon the _leges_, _senatus consulta_ and edicts of

the magistrates practically incorporated all that was of importance in

those documents, the books of the jurists may substantially be taken as

including (i.) and (ii.). These writings were of course very numerous,

and formed a vast mass of literature. Many of them had become

exceedingly scarce--many had been altogether lost. Some were of doubtful

authenticity. They were so costly that no person of moderate means could

hope to possess any large number; even the public libraries had nothing

approaching to a complete collection. Moreover, as they proceeded from a

large number of independent authors, who wrote expressing their own

opinions, they contained many discrepancies and contradictions, the

dicta of one writer being controverted by another, while yet both

writers might enjoy the same formal authority. A remedy had been

attempted to be applied to this evil by a law of the emperors

Theodosius II. and Valentinian III., which gave special weight to the

writings of five eminent jurists (Papinian, Paulus, Ulpian, Modestinus,

Gaius); but it was very far from removing it. As regards the _jus

vetus_, therefore, the judges and practitioners of Justinian's time had

two terrible difficulties to contend with--first, the bulk of the law,

which made it impossible for any one to be sure that he possessed

anything like the whole of the authorities bearing on the point in

question, so that he was always liable to find his opponent quoting

against him some authority for which he could not be prepared; and,

secondly, the uncertainty of the law, there being a great many important

points on which differing opinions of equal legal validity might be

cited, so that the practising counsel could not advise, nor the judge

decide, with any confidence that he was right, or that a superior court

would uphold his view.

The new law (_jus novum_), which consisted of the ordinances of the

emperors promulgated during the middle and later empires (_edicta_,

_rescripta_, _mandata_, _decreta_, usually called by the general name of

_constitutiones_), was in a condition not much better. These ordinances

or constitutions were extremely numerous. No complete collection of them

existed, for although two collections (_Codex gregorianus_ and _Codex

hermogenianus_) had been made by two jurists in the 4th century, and a

large supplementary collection published by the emperor Theodosius II.

in 438 (_Codex theodosianus_), these collections did not include all the

constitutions; there were others which it was necessary to obtain

separately, but many whereof it must have been impossible for a private

person to procure. In this branch too of the law there existed some,

though a less formidable, uncertainty; for there were constitutions

which practically, if not formally, repealed or superseded others

without expressly mentioning them, so that a man who relied on one

constitution might find that it had been varied or abrogated by another

he had never heard of or on whose sense he had not put such a

construction. It was therefore clearly necessary with regard to both the

older and the newer law to take some steps to collect into one or more

bodies or masses so much of the law as was to be regarded as binding,

reducing it within a reasonable compass, and purging away the

contradictions or inconsistencies which it contained. The evil had been

long felt, and reforms apparently often proposed, but nothing (except by

the compilation of the _Codex theodosianus_) had been done till

Justinian's time. Immediately after his accession, in 528, he appointed

a commission to deal with the imperial constitutions (_jus novum_), this

being the easier part of the problem. The commissioners, ten in number,

were directed to go through all the constitutions of which copies

existed, to select such as were of practical value, to cut these down by

retrenching all unnecessary matter, and gather them, arranged in order

of date, into one volume, getting rid of any contradictions by omitting

one or other of the conflicting passages.[3] These statute law

commissioners, as one may call them, set to work forthwith, and

completed their task in fourteen months, distributing the constitutions

which they placed in the new collection into ten books, in general

conformity with the order of the Perpetual Edict as settled by Salvius

Julianus and enacted by Hadrian. By this means the bulk of the statute

law was immensely reduced, its obscurities and internal discrepancies in

great measure removed, its provisions adapted, by the abrogation of what

was obsolete, to the circumstances of Justinian's own time. This _Codex

constitutionum_ was formally promulgated and enacted as one great

consolidating statute in 529, all imperial ordinances not included in it

being repealed at one stroke.

The success of this first experiment encouraged the emperor to attempt

the more difficult enterprise of simplifying and digesting the older law

contained in the treatises of the jurists. Before entering on this,

however, he wisely took the preliminary step of settling the more

important of the legal questions as to which the older jurists had been

divided in opinion, and which had therefore remained sources of

difficulty, a difficulty aggravated by the general decline, during the

last two centuries, of the level of forensic and judicial learning. This

was accomplished by a series of constitutions known as the "Fifty

Decisions" (_Quinquaginta decisiones_), along with which there were

published other ordinances amending the law in a variety of points, in

which old and now inconvenient rules had been suffered to subsist. Then

in December 530 a new commission was appointed, consisting of sixteen

eminent lawyers, of whom the president, the famous Tribonian (who had

already served on the previous commission), was an exalted official

(_quaestor_), four were professors of law, and the remaining eleven

practising advocates. The instructions given to them by the emperor were

as follows:--they were to procure and peruse all the writings of all the

authorized jurists (those who had enjoyed the _jus respondendi_); were

to extract from these writings whatever was of most permanent and

substantial value, with power to change the expressions of the author

wherever conciseness or clearness would be thereby promoted, or wherever

such a change was needed in order to adapt his language to the condition

of the law as it stood in Justinian's time; were to avoid repetitions

and contradictions by giving only one statement of the law upon each

point; were to insert nothing at variance with any provision contained

in the _Codex constitutionum_; and were to distribute the results of

their labours into fifty books, subdividing each book into titles, and

following generally the order of the Perpetual Edict.[4]

These directions were carried out with a speed which is surprising when

we remember not only that the work was interrupted by the terrible

insurrection which broke out in Constantinople in January 532, and which

led to the temporary retirement from office of Tribonian, but also that

the mass of literature which had to be read through consisted of no less

than two thousand treatises, comprising three millions of sentences. The

commissioners, who had for greater despatch divided themselves into

several committees, presented their selection of extracts to the emperor

in 533, and he published it as an imperial statute on December 16th of

that year, with two prefatory constitutions (those known as _Omnem

reipublicae_ and _Dedit nobis_). It is the Latin volume which we now

call the _Digest_ (_Digesta_) or _Pandects_ ([Greek: Pandektai]) and

which is by far the most precious monument of the legal genius of the

Romans, and indeed, whether one regards the intrinsic merits of its

substance or the prodigious influence it has exerted and still exerts,

the most remarkable law-book that the world has seen. The extracts

comprised in it are 9123 in number, taken from thirty-nine authors, and

are of greatly varying length, mostly only a few lines long. About

one-third (in quantity) come from Ulpian, a very copious writer; Paulus

stands next. To each extract there is prefixed the name of the author,

and of the treatise whence it is taken.[5] The worst thing about the

_Digest_ is its highly unscientific arrangement. The order of the

Perpetual Edict, which appears to have been taken as a sort of model for

the general scheme of books and titles, was doubtless convenient to the

Roman lawyers from their familiarity with it, but was in itself rather

accidental and historical than logical. The disposition of the extracts

inside each title was still less rational; it has been shown by a modern

jurist to have been the result of the way in which the committees of the

commissioners worked through the books they had to peruse.[6] In

enacting the _Digest_ as a law book, Justinian repealed all the other

law contained in the treatises of the jurists (that _jus vetus_ which

has been already mentioned), and directed that those treatises should

never be cited in future even by way of illustration; and he of course

at the same time abrogated all the older statutes, from the Twelve

Tables downwards, which had formed a part of the _jus vetus_. This was a

necessary incident of his scheme of reform. But he went too far, and

indeed attempted what was impossible, when he forbade all commentaries

upon the _Digest_. He was obliged to allow a Greek translation to be

made of it, but directed this translation to be exactly literal.

These two great enterprises had substantially despatched Justinian's

work; however, he, or rather Tribonian, who seems to have acted both as

his adviser and as his chief executive officer in all legal affairs,

conceived that a third book was needed, viz. an elementary manual for

beginners which should present an outline of the law in a clear and

simple form. The little work of Gaius, most of which we now possess

under the title of _Commentarii institutionum_, had served this purpose

for nearly four centuries; but much of it had, owing to changes in the

law, become inapplicable, so that a new manual seemed to be required.

Justinian accordingly directed Tribonian, with two coadjutors,

Theophilus, professor of law in the university of Constantinople, and

Dorotheus, professor in the great law school at Beyrout, to prepare an

elementary textbook on the lines of Gaius. This they did while the

_Digest_ was in progress, and produced the useful little treatise which

has ever since been the book with which students commonly begin their

studies of Roman law, the _Institutes of Justinian_. It was published as

a statute with full legal validity shortly before the _Digest_. Such

merits as it possesses--simplicity of arrangement, clearness and

conciseness of expression--belong less to Tribonian than to Gaius, who

was closely followed wherever the alterations in the law had not made

him obsolete. However, the spirit of that great legal classic seems to

have in a measure dwelt with and inspired the inferior men who were

recasting his work; the _Institutes_ is better both in Latinity and in

substance than we should have expected from the condition of Latin

letters at that epoch, better than the other laws which emanate from

Justinian.

In the four years and a half which elapsed between the publication of

the _Codex_ and that of the _Digest_, many important changes had been

made in the law, notably by the publication of the "Fifty Decisions,"

which settled many questions that had exercised the legal mind and given

occasion to intricate statutory provisions. It was therefore natural

that the idea should present itself of revising the _Codex_, so as to

introduce these changes into it, for by so doing, not only would it be

simplified, but the one volume would again be made to contain the whole

statute law, whereas now it was necessary to read along with it the

ordinances issued since its publication. Accordingly another commission

was appointed, consisting of Tribonian with four other coadjutors, full

power being given them not only to incorporate the new constitutions

with the _Codex_ and make in it the requisite changes, but also to

revise the _Codex_ generally, cutting down or filling in wherever they

thought it necessary to do so. This work was completed in a few months;

and in November 534 the revised _Codex_ (_Codex repetitae

praelectionis_) was promulgated with the force of law, prefaced by a

constitution (_Cordi nobis_) which sets forth its history, and declares

it to be alone authoritative, the former _Codex_ being abrogated. It is

this revised _Codex_ which has come down to the modern world, all copies

of the earlier edition having disappeared.

The constitutions contained in it number 4652, the earliest dating

from Hadrian, the latest being of course Justinian's own. A few thus

belong to the period to which the greater part of the _Digest_

belongs, i.e. the so-called classical period of Roman law down to the

time of Alexander Severus (244); but the great majority are later, and

belong to one or other of the four great eras of imperial legislation,

the eras of Diocletian, of Constantine, of Theodosius II., and of

Justinian himself. Although this _Codex_ is said to have the same

general order as that of the _Digest_, viz. the order of the Perpetual

Edict, there are considerable differences of arrangement between the

two. It is divided into twelve books. Its contents, although of course

of the utmost practical importance to the lawyers of that time, and of

much value still, historical as well as legal, are far less

interesting and scientifically admirable than the extracts preserved

in the _Digest_. The difference is even greater than that between the

English reports of cases decided since the days of Lord Holt and the

English acts of parliament for the same two centuries.

The emperor's scheme was now complete. All the Roman law had been

gathered into two volumes of not excessive size, and a satisfactory

manual for beginners added. But Justinian and Tribonian had grown so

fond of legislating that they found it hard to leave off. Moreover,

the very simplifications that had been so far effected brought into

view with more clearness such anomalies or pieces of injustice as

still continued to deform the law. Thus no sooner had the work been

rounded off than fresh excrescences began to be created by the

publication of new laws. Between 534 and 565 Justinian issued a great

number of ordinances, dealing with all sorts of subjects and seriously

altering the law on many points--the majority appearing before the

death of Tribonian, which happened in 545. These ordinances are

called, by way of distinction, new constitutions, _Novellae

constitutiones post codicem_ ([Greek: nearai diataxeis]), _Novels_.

Although the emperor had stated in publishing the Codex that all

further statutes (if any) would be officially collected, this promise

does not seem to have been redeemed. The three collections of the

_Novels_ which we possess are apparently private collections, nor do

we even know how many such constitutions were promulgated. One of the

three contains 168 (together with 13 Edicts), but some of these are by

the emperors Justin II. and Tiberius II. Another, the so-called

_Epitome of Julian_, contains 125 Novels in Latin; and the third, the

_Liber authenticarum_ or _vulgata versio_, has 134, also in Latin.

This last was the collection first known and chiefly used in the West

during the middle ages; and of its 134 only 97 have been written on by

the _glossatores_ or medieval commentators; these therefore alone have

been received as binding in those countries which recognize and obey

the Roman law,--according to the maxim _Quicquid non agnoscit glossa,

nec agnoscit curia_. And, whereas Justinian's constitutions contained

in the _Codex_ were all issued in Latin, the rest of the book being in

that tongue, these _Novels_ were nearly all published in Greek, Latin

translations being of course made for the use of the western

provinces. They are very bulky, and with the exception of a few,

particularly the 116th and 118th, which introduce the most sweeping

and laudable reforms into the law of intestate succession, are much

more interesting, as supplying materials for the history of the time,

social, economical and ecclesiastical, than in respect of any purely

legal merits. They may be found printed in any edition of the _Corpus

juris civilis_.

This _Corpus juris_, which bears and immortalizes Justinian's name,

consists of the four books described above: (1) The authorized

collection of imperial ordinances (_Codex constitutionum_); (2) the

authorized collection of extracts from the great jurists (_Digesta_ or

_Pandectae_); (3) the elementary handbook (_Institutiones_); (4) the

unauthorized collection of constitutions subsequent to the _Codex_

(_Novellae_).

From what has been already stated, the reader will perceive that

Justinian did not, according to a strict use of terms, codify the Roman

law. By a codification we understand the reduction of the whole

pre-existing body of law to a new form, the re-stating it in a series of

propositions, scientifically ordered, which may or may not contain some

new substance, but are at any rate new in form. If he had, so to speak,

thrown into one furnace all the law contained in the treatises of the

jurists and in the imperial ordinances, fused them down, the gold of the

one and the silver of the other, and run them out into new moulds, this

would have been codification. What he did do was something quite

different. It was not codification but consolidation, not remoulding but

abridging. He made extracts from the existing law, preserving the old

words, and merely cutting out repetitions, removing contradictions,

retrenching superfluities, so as immensely to reduce the bulk of the

whole. And he made not one set of such extracts but two, one for the

jurist law, the other for the statute law. He gave to posterity not one

code but two digests or collections of extracts, which are new only to

this extent that they are arranged in a new order, having been

previously altogether unconnected with one another, and that here and

there their words have been modified in order to bring one extract into

harmony with some other. Except for this, the matter is old in

expression as well as in substance.

Thus regarded, even without remarking that the _Novels_, never having

been officially collected, much less incorporated with the _Codex_, mar

the symmetry of the structure, Justinian's work may appear to entitle

him and Tribonian to much less credit than they have usually received

for it. But let it be observed, first, that to reduce the huge and

confused mass of pre-existing law into the compass of these two

collections was an immense practical benefit to the empire; secondly,

that, whereas the work which he undertook was accomplished in seven

years, the infinitely more difficult task of codification might probably

have been left unfinished at Tribonian's death, or even at Justinian's

own, and been abandoned by his successor; thirdly, that in the extracts

preserved in the _Digest_ we have the opinions of the greatest legal

luminaries given in their own admirably lucid, philosophical and concise

language, while in the extracts of which the _Codex_ is composed we

find valuable historical evidence bearing on the administration and

social condition of the later Pagan and earlier Christian empire;

fourthly, that Justinian's age, that is to say, the intellect of the men

whose services he commanded, was quite unequal to so vast an undertaking

as the fusing upon scientific principles into one new organic whole of

the entire law of the empire. With sufficient time and labour the work

might no doubt have been done; but what we possess of Justinian's own

legislation, and still more what we know of the general condition of

literary and legal capacity in his time, makes it certain that it would

not have been well done, and that the result would have been not more

valuable to the Romans of that age, and much less valuable to the modern

world, than are the results, preserved in the _Digest_ and the _Codex_,

of what he and Tribonian actually did.

To the merits of the work as actually performed some reference has

already been made. The chief defect of the _Digest_ is in point of

scientific arrangement, a matter about which the Roman lawyers, perhaps

one may say the ancients generally, cared very little. There are some

repetitions and some inconsistencies, but not more than may fairly be

allowed for in a compilation of such magnitude executed so rapidly.

Tribonian has been blamed for the insertions the compilers made in the

sentences of the old jurists (the so-called _Emblemata Triboniani_); but

it was a part of Justinian's plan that such insertions should be made,

so as to adapt those sentences to the law as settled in the emperor's

time. On Justinian's own laws, contained in the _Codex_ and in his

_Novels_, a somewhat less favourable judgment must be pronounced. They,

and especially the latter, are diffuse and often lax in expression,

needlessly prolix, and pompously rhetorical. The policy of many,

particularly of those which deal with ecclesiastical matters, may also

be condemned; yet some gratitude is due to the legislator who put the

law of intestate succession on that plain and rational footing whereon

it has ever since continued to stand. It is somewhat remarkable that,

although Justinian is so much more familiar to us by his legislation

than by anything else, this sphere of his imperial labour is hardly

referred to by any of the contemporary historians, and then only with

censure. Procopius complains that he and Tribonian were always repealing

old laws and enacting new ones, and accuses them of venal motives for

doing so.

The _Corpus Juris_ of Justinian continued to be, with naturally a few

additions in the ordinances of succeeding emperors, the chief law-book

of the Roman world till the time of the Macedonian dynasty when,

towards the end of the 9th century, a new system was prepared and

issued by those sovereigns, which we know as the _Basilica_. It is of

course written in Greek, and consists of parts of the substance of the

_Codex_ and the _Digest_, thrown together and often altered in

expression, together with some matter from the _Novels_ and imperial

ordinances posterior to Justinian. In the western provinces, which had

been wholly severed from the empire before the publication of the

_Basilica_, the law as settled by Justinian held its ground; but

copies of the _Corpus Juris_ were extremely rare, nor did the study of

it revive until the end of the 11th century.

The best edition of the _Digest_ is that of Mommsen (Berlin

1868-1870), and of the _Codex_ that of Krüger (Berlin 1875-1877).

2. In his financial administration of the empire, Justinian is

represented to us as being at once rapacious and extravagant. His

unwearied activity and inordinate vanity led him to undertake a great

many costly public works, many of them, such as the erection of palaces

and churches, unremunerative. The money needed for these, for his wars,

and for buying off the barbarians who threatened the frontiers, had to

be obtained by increasing the burdens of the people. They suffered, not

only from the regular taxes, which were seldom remitted even after bad

seasons, but also from monopolies; and Procopius goes so far as to

allege that the emperor made a practice of further recruiting his

treasury by confiscating on slight or fictitious pretexts the property

of persons who had displeased Theodora or himself. Fiscal severities

were no doubt one cause of the insurrections which now and then broke

out, and in the gravest of which, (532) thirty thousand persons are said

to have perished in the capital. It is not always easy to discover,

putting together the trustworthy evidence of Justinian's own laws and

the angry complaints of Procopius, what was the nature and

justification of the changes made in the civil administration. But the

general conclusion seems to be that these changes were always in the

direction of further centralization, increasing the power of the chief

ministers and their offices, bringing all more directly under the

control of the Crown, and in some cases limiting the powers and

appropriating the funds of local municipalities. Financial necessities

compelled retrenchment, so that a certain number of offices were

suppressed altogether, much to the disgust of the office-holding class,

which was numerous and wealthy, and had almost come to look on the civil

service as its hereditary possession. The most remarkable instance of

this policy was the discontinuance of the consulship. This great office

had remained a dignity centuries after it had ceased to be a power; but

it was a very costly dignity, the holder being expected to spend large

sums in public displays. As these sums were provided by the state,

Justinian saved something considerable by stopping the payment. He named

no consul after Basilius, who was the name-giving consul of 541.

In a bureaucratic despotism the greatest merit of a sovereign is to

choose capable and honest ministers. Justinian's selections were usually

capable, but not so often honest; probably it was hard to find

thoroughly upright officials; possibly they would not have been most

serviceable in carrying out the imperial will, and especially in

replenishing the imperial treasury. Even the great Tribonian labours

under the reproach of corruption, while the fact that Justinian

maintained John of Cappadocia in power long after his greed, his

unscrupulousness, and the excesses of his private life had excited the

anger of the whole empire, reflects little credit on his own principles

of government and sense of duty to his subjects. The department of

administration in which he seems to have felt most personal interest was

that of public works. He spent immense sums on buildings of all sorts,

on quays and harbours, on fortifications, repairing the walls of cities

and erecting castles in Thrace to check the inroads of the barbarians,

on aqueducts, on monasteries, above all, upon churches. Of these works

only two remain perfect, St Sophia in Constantinople, now a mosque, and

one of the architectural wonders of the world, and the church of SS

Sergius and Bacchus, now commonly called Little St Sophia, which stands

about half a mile from the great church, and is in its way a very

delicate and beautiful piece of work. The church of S. Vitale at

Ravenna, though built in Justinian's reign, and containing mosaic

pictures of him and Theodora, does not appear to have owed anything to

his mind or purse.

3. Justinian's ecclesiastical policy was so complex and varying that it

is impossible within the limits of this article to do more than indicate

its bare outlines. For many years before the accession of his uncle

Justin, the Eastern world had been vexed by the struggles of the

Monophysite party, who recognized only one nature in Christ, against the

view which then and ever since has maintained itself as orthodox, that

the divine and human natures coexisted in Him. The latter doctrine had

triumphed at the council of Chalcedon, and was held by the whole Western

Church, but Egypt, great part of Syria and Asia Minor, and a

considerable minority even in Constantinople clung to Monophysitism. The

emperors Zeno and Anastasius had been strongly suspected of it, and the

Roman bishops had refused to communicate with the patriarchs of

Constantinople since 484, when they had condemned Acacius for accepting

the formula of conciliation issued by Zeno. One of Justinian's first

public acts was to put an end to this schism by inducing Justin to make

the then patriarch renounce this formula and declare his full adhesion

to the creed of Chalcedon. When he himself came to the throne he

endeavoured to persuade the Monophysites to come in by summoning some of

their leaders to a conference. This failing, he ejected suspected

prelates, and occasionally persecuted them, though with far less

severity than that applied to the heretics of a deeper dye, such as

Montanists or even Arians. Not long afterwards, his attention having

been called to the spread of Origenistic opinions in Syria, he issued an

edict condemning fourteen propositions drawn from the writings of the

great Alexandrian, and caused a synod to be held under the presidency

of Mennas (whom he had named patriarch of Constantinople), which renewed

the condemnation of the impugned doctrines and anathematized Origen

himself. Still later, he was induced by the machinations of some of the

prelates who haunted his court, and by the influence of Theodora,

herself much interested in theological questions, and more than

suspected of Monophysitism, to raise a needless, mischievous, and

protracted controversy. The Monophysites sometimes alleged that they

could not accept the decrees of the council of Chalcedon because that

council had not condemned, but (as they argued) virtually approved,

three writers tainted with Nestorian principles, Theodore of Mopsuestia,

Theodoret, and Ibas, bishop of Edessa. It was represented to the

emperor, who was still pursued by the desire to bring back the

schismatics, that a great step would have been taken towards

reconciliation if a condemnation of these teachers, or rather of such of

their books as were complained of, could be brought about, since then

the Chalcedonian party would be purged from any appearance of sympathy

with the errors of Nestorius. Not stopping to reflect that in the angry

and suspicious state of men's minds he was sure to lose as much in one

direction as he would gain in the other, Justinian entered into the

idea, and put forth an edict exposing and denouncing the errors

contained in the writings of Theodore generally, in the treatise of

Theodoret against Cyril of Alexandria, and in a letter of Bishop Ibas (a

letter whose authenticity was doubted, but which passed under his name)

to the Persian bishop Maris. This edict was circulated through the

Christian world to be subscribed by the bishops. The four Eastern

patriarchs, and the great majority of the Eastern prelates generally,

subscribed, though reluctantly, for it was felt that a dangerous

precedent was being set when dead authors were anathematized, and that

this new movement could hardly fail to weaken the authority of the

council of Chalcedon. Among the Western bishops, who were less disposed

both to Monophysitism and to subservience, and especially by those of

Africa, the edict was earnestly resisted. When it was found that Pope

Vigilius did not forthwith comply, he was summoned to Constantinople.

Even there he resisted, not so much, it would seem, from any scruples of

his own, for he was not a high-minded man, as because he knew that he

dared not return to Italy if he gave way. Long disputes and negotiations

followed, the end of which was that Justinian summoned a general council

of the church, that which we reckon the Fifth, which condemned the

impugned writings, and anathematized several other heretical authors.

Its decrees were received in the East but long contested in the Western

Church, where a schism arose that lasted for seventy years. This is the

controversy known as that of the Three Chapters (_Tria capitula_,

[Greek: tria kephalaia]), apparently from the three propositions or

condemnations contained in Justinian's original edict, one relating to

Theodore's writings and person, the second to the incriminated treatise

of Theodoret (whose person was not attacked), the third to the letter

(if genuine) of Ibas (see Hefele, _Conciliengeschichte_, ii. 777).

At the very end of his long career of theological discussion, Justinian

himself lapsed into heresy, by accepting the doctrine that the earthly

body of Christ was incorruptible, insensible to the weaknesses of the

flesh, a doctrine which had been advanced by Julian, bishop of

Halicarnassus, and went by the name of Aphthartodocetism. According to

his usual practice, he issued an edict enforcing this view, and

requiring all patriarchs, metropolitans, and bishops to subscribe to it.

Some, who not unnaturally held that it was rank Monophysitism, refused

at once, and were deprived of their sees, among them Eutychius the

eminent patriarch of Constantinople. Others submitted or temporized; but

before there had been time enough for the matter to be carried through,

the emperor died, having tarnished if not utterly forfeited by this last

error the reputation won by a life devoted to the service of Orthodoxy.

As no preceding sovereign had been so much interested in church affairs,

so none seems to have shown so much activity as a persecutor both of

pagans and of heretics. He renewed with additional stringency the laws

against both these classes. The former embraced a large part of the

rural population in certain secluded districts, such as parts of Asia

Minor and Peloponnesus; and we are told that the efforts directed

against them resulted in the forcible baptism of 70,000 persons in Asia

Minor alone. Paganism, however, survived; we find it in Laconia in the

end of the 9th century, and in northern Syria it has lasted till our own

times. There were also a good many crypto-pagans among the educated

population of the capital. Procopius, for instance, if he was not

actually a Pagan, was certainly very little of a Christian. Inquiries

made in the third year of Justinian's reign drove nearly all of these

persons into an outward conformity, and their offspring seem to have

become ordinary Christians. At Athens, the philosophers who taught in

the schools hallowed by memories of Plato still openly professed what

passed for Paganism, though it was really a body of moral doctrine,

strongly tinged with mysticism, in which there was far more of

Christianity and of the speculative metaphysics of the East than of the

old Olympian religion. Justinian, partly from religious motives, partly

because he discountenanced all rivals to the imperial university of

Constantinople, closed these Athenian schools (529). The professors

sought refuge at the court of Chosroes, king of Persia, but were soon so

much disgusted by the ideas and practices of the fire-worshippers that

they returned to the empire, Chosroes having magnanimously obtained from

Justinian a promise that they should be suffered to pass the rest of

their days unmolested. Heresy proved more obstinate. The severities

directed against the Montanists of Phrygia led to a furious war, in

which most of the sectaries perished, while the doctrine was not

extinguished. Harsh laws provoked the Samaritans to a revolt, from whose

effects Palestine had not recovered when conquered by the Arabs in the

following century. The Nestorians and the Eutychian Monophysites were

not threatened with such severe civil penalties, although their worship

was interdicted, and their bishops were sometimes banished; but this

vexatious treatment was quite enough to keep them disaffected, and the

rapidity of the Mahommedan conquests may be partly traced to that

alienation of the bulk of the Egyptian and a large part of the Syrian

population which dates from Justinian's persecutions.

4. Justinian was engaged in three great foreign wars, two of them of his

own seeking, the third a legacy which nearly every emperor had come into

for three centuries, the secular strife of Rome and Persia. The Sassanid

kings of Persia ruled a dominion which extended from the confines of

Syria to those of India, and from the straits of Oman to the Caucasus.

The martial character of their population made them formidable enemies

to the Romans, whose troops were at this epoch mainly barbarians, the

settled and civilized subjects of the empire being as a rule averse from

war. When Justinian came to the throne, his troops were maintaining an

unequal struggle on the Euphrates against the armies of Kavadh I.

(q.v.). After some campaigns, in which the skill of Belisarius obtained

considerable successes, a peace was concluded in 533 with Chosroes I.

(q.v.). This lasted till 539, when Chosroes declared war, alleging that

Justinian had been secretly intriguing against him with the Hephthalite

Huns, and doubtless moved by alarm and envy at the victories which the

Romans had been gaining in Italy. The emperor was too much occupied in

the West to be able adequately to defend his eastern frontier. Chosroes

advanced into Syria with little resistance, and in 540 captured Antioch,

then the greatest city in Asia, carrying off its inhabitants into

captivity. The war continued with varying fortunes for four years more

in this quarter; while in the meantime an even fiercer struggle had

begun in the mountainous region inhabited by the Lazi at the

south-eastern corner of the Black Sea (see COLCHIS). When after

two-and-twenty years of fighting no substantial advantage had been

gained by either party, Chosroes agreed in 562 to a peace which left

Lazica to the Romans, but under the dishonourable condition of their

paying 30,000 pieces of gold annually to the Persian king. Thus no

result of permanent importance flowed from these Persian wars, except

that they greatly weakened the Roman Empire, increased Justinian's

financial embarrassments, and prevented him from prosecuting with

sufficient vigour his enterprises in the West. (See further PERSIA:

_Ancient History_, "The Sassanid Dynasty.")

These enterprises had begun in 533 with an attack on the Vandals, who

were then reigning in Africa. Belisarius, despatched from Constantinople

with a large fleet and army, landed without opposition, and destroyed

the barbarian power in two engagements. North Africa from beyond the

straits of Gibraltar to the Syrtes became again a Roman province,

although the Moorish tribes of the interior maintained a species of

independence; and part of southern Spain was also recovered for the

empire. The ease with which so important a conquest had been effected

encouraged Justinian to attack the Ostrogoths of Italy, whose kingdom,

though vast in extent, for it included part of south-eastern Gaul,

Raetia, Dalmatia and part of Pannonia, as well as Italy, Sicily,

Sardinia and Corsica, had been grievously weakened by the death first of

the great Theodoric, and some years later of his grandson Athalaric, so

that the Gothic nation was practically without a head. Justinian began

the war in 535, taking as his pretext the murder of Queen Amalasuntha,

daughter of Theodoric, who had placed herself under his protection, and

alleging that the Ostrogothic kingdom had always owned a species of

allegiance to the emperor at Constantinople. There was some foundation

for this claim, although of course it could not have been made effective

against Theodoric, who was more powerful than his supposed suzerain.

Belisarius, who had been made commander of the Italian expedition,

overran Sicily, reduced southern Italy, and in 536 occupied Rome. Here

he was attacked in the following year by Vitiges, who had been chosen

king by the Goths, with a greatly superior force. After a siege of over

a year, the energy, skill, and courage of Belisarius, and the sickness

which was preying on the Gothic troops, obliged Vitiges to retire.

Belisarius pursued his diminished army northwards, shut him up in

Ravenna, and ultimately received the surrender of that impregnable city.

Vitiges was sent prisoner to Constantinople, where Justinian treated

him, as he had previously treated the captive Vandal king, with

clemency. The imperial administration was established through Italy, but

its rapacity soon began to excite discontent, and the kernel of the

Gothic nation had not submitted. After two short and unfortunate reigns,

the crown had been bestowed on Totila or Baduila, a warrior of

distinguished abilities, who by degrees drove the imperial generals and

governors out of Italy. Belisarius was sent against him, but with forces

too small for the gravity of the situation. He moved from place to place

during several years, but saw city after city captured by or open its

gates to Totila, till only Ravenna, Otranto and Ancona remained.

Justinian was occupied by the ecclesiastical controversy of the Three

Chapters, and had not the money to fit out a proper army and fleet;

indeed, it may be doubted whether he would ever have roused himself to

the necessary exertions but for the presence at Constantinople of a knot

of Roman exiles, who kept urging him to reconquer Italy, representing

that with their help and the sympathy of the people it would not be a

difficult enterprise. The emperor at last complied, and in 552 a

powerful army was despatched under Narses, an Armenian eunuch now

advanced in life, but reputed the most skilful general of the age, as

Belisarius was the hottest soldier. He marched along the coast of the

Gulf of Venice, and encountered the army of Totila at Taginae not far

from Cesena. Totila was slain, and the Gothic cause irretrievably lost.

The valiant remains of the nation made another stand under Teias on the

Lactarian Hill in Campania; after that they disappear from history.

Italy was recovered for the empire, but it was an Italy terribly

impoverished and depopulated, whose possession carried little strength

with it. Justinian's policy both in the Vandalic and in the Gothic War

stands condemned by the result. The resources of the state, which might

better have been spent in defending the northern frontier against Slavs

and Huns and the eastern frontier against Persians, were consumed in the

conquest of two countries which had suffered too much to be of any

substantial value, and which, separated by language as well as by

intervening seas, could not be permanently retained. However, Justinian

must have been almost preternaturally wise to have foreseen this: his

conduct was in the circumstances only what might have been expected from

an ambitious prince who perceived an opportunity of recovering

territories that had formerly belonged to the empire, and over which its

rights were conceived to be only suspended.

Besides these three great foreign wars, Justinian's reign was troubled

by a constant succession of border inroads, especially on the northern

frontier, where the various Slavonic and Hunnish tribes who were

established along the lower Danube and on the north coast of the Black

Sea made frequent marauding expeditions into Thrace and Macedonia,

sometimes penetrating as far as the walls of Constantinople in one

direction and the Isthmus of Corinth in another. Immense damage was

inflicted by these marauders on the subjects of the empire, who seem to

have been mostly too peaceable to defend themselves, and whom the

emperor could not spare troops enough to protect. Fields were laid

waste, villages burnt, large numbers of people carried into captivity;

and on one occasion the capital was itself in danger.

5. It only remains to say something regarding Justinian's personal

character and capacities, with regard to which a great diversity of

opinion has existed among historians. The civilians, looking on him as a

patriarch of their science, have as a rule extolled his wisdom and

virtues; while ecclesiastics of the Roman Church, from Cardinal Baronius

downwards, have been offended by his arbitrary conduct towards the

popes, and by his last lapse into heresy, and have therefore been

disposed to accept the stories which ascribe to him perfidy, cruelty,

rapacity and extravagance. The difficulty of arriving at a fair

conclusion is increased by the fact that Procopius, who is our chief

authority for the events of his reign, speaks with a very different

voice in his secret memoirs (the _Anecdota_) from that which he has used

in his published history, and that some of the accusations contained in

the former work are so rancorous and improbable that a certain measure

of discredit attaches to everything which it contains. The truth seems

to be that Justinian was not a great ruler in the higher sense of the

word, that is to say, a man of large views, deep insight, a capacity for

forming just such plans as the circumstances needed, and carrying them

out by a skilful adaptation of means to ends. But he was a man of

considerable abilities, wonderful activity of mind, and admirable

industry. He was interested in many things, and threw himself with

ardour into whatever he took up; he contrived schemes quickly, and

pushed them on with an energy which usually made them succeed when no

long time was needed, for, if a project was delayed, there was a risk of

his tiring of it and dropping it. Although vain and full of

self-confidence, he was easily led by those who knew how to get at him,

and particularly by his wife. She exercised over him that influence

which a stronger character always exercises over a weaker, whatever

their respective positions; and unfortunately it was seldom a good

influence, for Theodora (q.v.) seems to have been a woman who, with all

her brilliant gifts of intelligence and manner, had no principles and no

pity. Justinian was rather quick than strong or profound; his policy

does not strike one as the result of deliberate and well-considered

views, but dictated by the hopes and fancies of the moment. His activity

was in so far a misfortune as it led him to attempt too many things at

once, and engage in undertakings so costly that oppression became

necessary to provide the funds for them. Even his devotion to work,

which excites our admiration, in the centre of a luxurious court, was to

a great extent unprofitable, for it was mainly given to theological

controversies which neither he nor any one else could settle. Still,

after making all deductions, it is plain that the man who accomplished

so much, and kept the whole world so occupied, as Justinian did during

the thirty-eight years of his reign, must have possessed no common

abilities. He was affable and easy of approach to all his subjects, with

a pleasant address; nor does he seem to have been, like his wife, either

cruel or revengeful. We hear several times of his sparing those who had

conspired against him. But he was not scrupulous in the means he

employed, and he was willing to maintain in power detestable ministers

if only they served him efficiently and filled his coffers. His chief

passion, after that for his own fame and glory, seems to have been for

theology and religion; it was in this field that his literary powers

exerted themselves (for he wrote controversial treatises and hymns), and

his taste also, for among his numerous buildings the churches are those

on which he spent most thought and money. Considering that his legal

reforms are those by which his name is mainly known to posterity, it is

curious that we should have hardly any information as to his legal

knowledge, or the share which he took in those reforms. In person he was

somewhat above the middle height, well-shaped, with plenty of fresh

colour in his cheeks, and an extraordinary power of doing without food

and sleep. He spent most of the night in reading or writing, and would

sometimes go for a day with no food but a few green herbs. Two mosaic

figures of him exist at Ravenna, one in the apse of the church of S.

Vitale, the other in the church of S. Apollinare in Urbe; but of course

one cannot be sure how far in such a material the portrait fairly

represents the original. He had no children by his marriage with

Theodora, and did not marry after her decease. On his death, which took

place on the 14th of November 565, the crown passed to his nephew Justin

II.

AUTHORITIES.--For the life of Justinian the chief authorities are

Procopius (_Historiae, De aedificiis, Anecdota_) and (from 552 A.D.)

the _History_ of Agathias; the Chronicle of Johannes Malalas is also

of value. Occasional reference must be made to the writings of

Jordanes and Marcellinus, and even to the late compilations of

Cedrenus and Zonaras. The _Vita Justiniani_ of Ludewig or Ludwig

(Halle, 1731), a work of patient research, is frequently referred to

by Gibbon in his important chapters relating to the reign of

Justinian, in the _Decline and Fall_ (see Bury's edition, 1900). There

is a _Vie de Justinien_ by Isambert (2 vols., Paris, 1856). See also

Hutton's _Church of the Sixth Century_ (1897); J. B. Bury's _Later

Roman Empire_ (1889); Hodgkin's _Italy and her Invaders_ (1880).

(J. Br.)

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