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.
In the 13th century it became necessary for the legists to codify, as it were, the unwritten law, because the upheavals of the times necessitated the fixing of some rules in writing, and especially because it was necessary to oppose a definite custom of the kingdom to Frederick II., who sought, as king of Jerusalem, to take advantage of the want of a written law, to substitute his own conceptions of law in the teeth of the high court.
- The Arbitration (Scotland) Act 1894, unlike the English Arbitration Act 1889, did not codify the previously existing law, and it becomes necessary, therefore, to deal with that law in some detail.
They are to all appearance the work of a school of priests, who, after the destruction of the Temple in 586 B.C., began to write down and codify the ceremonial regulations of the pre-exilic times, combining them with an historical narrative extending from the Creation to the establishment of Israel in Canaan; and who completed their work during the century following the restoration in 537 B.C. The chief object of these sections is to describe in detail the leading institutions of the theocracy (Tabernacle, sacrifices, purifications, &c.), and to refer them to their traditional origin in the Mosaic age.