[Footnote *: Savigny states the following as the authorities
for the Roman law at the commencement of the fifth century:
-
1. The writings of the jurists, according to the regulations
of the Constitution of Valentinian III., first promulgated
in the West, but by its admission into the Theodosian Code
established likewise in the East. (This Constitution
established the authority of the five great jurists,
Papinian, Paulus, Caius, Ulpian, and Modestinus as
interpreters of the ancient law. * * * In case of
difference of opinion among these five, a majority decided
the case; where they were equal, the opinion of Papinian,
where he was silent, the judge; but see p. 40, and Hugo,
vol. ii. p. 89.)
2. The Gregorian and Hermogenian Collection of the Imperial
Rescripts. 3. The Code of Theodosius II.
4. The particular Novellae, as additions and Supplements to
this Code Savigny. vol. i. p 10. - M.]
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