Of course, three editiones may just mean three publications of different works covering the same ground. Or was it that the Iuris epitomae was seen as a necessary clarification of or complement to the code, depending of course on whether it followed or preceded it? The most famous new edition of a legal work is the Justinian Code, whose first edition was promulgated in , with the second revised version appearing in , following the publication of the Digest.
In this case Justinian did several things to the first code to produce the second.
palatine first the aurelian archives book 1 Manual
As regards the existing material, some texts were emended, others suppressed, and some relocated elsewhere in the work. This represents a fairly extensive intervention, even if most of the first code survived unchanged into the second. Cordi 3. It appears strange that he does not use the example of the Gregorian or Hermogenian Codes, suggesting that their existence as revised editions was not apparent to him.
Next a second edition of the Hermogenianus followed after with new western material, and then a Beirut edition of the Gregorianus in with new eastern material including texts of the Caesar Maximinus. Finally, a third probably eastern Hermogenianus edition c. The later Valentinianic texts, if correctly ascribed to the Hermogenianus, must have represented later casual interpolation. This mess of formal editions, each with apparently very limited new material, now looks to me overly crafted and unrealistic.
Of course, where the two are named together, the Gregorianus nearly always precedes, and Gregorianic precedence is one of the few constants of scholarly interpretation, although it rests on very limited evidence. Given the specific attributions of texts within the Gregorianus book structure, we could perhaps envisage publication in the second half of the s of a Code containing material from most years up to at least , perhaps even if that is the date of the Manichees rescript , so that the code only ever existed in one formal edition.
The final touches to both code and the Iuris epitomae may have been made on leaving office in a period of otium. VI, Is this not simply a demonstration that large-scale compilatory projects may include anomalous texts by inadvertence or design? Of course, both scenarios, of Gregorius responding to Hermogenian, and Hermogenian responding to Gregorius, might be true, if the Code of Hermogenian the magister libellorum prompted the Code of Gregorius, leading Hermogenian the prefect to revisit his own code and make a Codex repetitae praelectionis.
The speculative possibilities seem endless. First, the amount of new material appears so small. Next, while it is true that Justinian successfully replaced the first edition of the Justinian Code, one wonders what mechanisms could have existed to effect the same for the Gregorianus and Hermogenianus, since ancient authors usually had little control over their work, once it left their hands.
Nor were they the sole valid source for earlier imperial rescripts. Even if there is some truth in this, we should perhaps say not editions, but at most versions. The Scholia Sinaitica show that an appendix existed for the Gregorianus, formal enough to be cited a creation of the Beirut law-school? The closest example of material added in this way seems to be the presence of rescripts of Valentinian and Valens in the Hermogenianus, supposing the attribution in the Consultatio is correct.
Indeed, it is usually presumed that neither Gregorius nor Hermogenian assumed for themselves, let alone were granted by Diocletian, the power of editorial interference with the imperial texts. But in practice things appear much less clear-cut. Unfortunately, we have no record of trial proceedings from the papyri showing rival advocates flinging at each other carefully ferreted out citations from any of the codes, or challenging the texts of their opponents. Currently only one papyrus is a possible candidate as a fragment of the Hermogenian Code, containing parts of only two constitutions.
As will already be apparent from various earlier discussions in this article, the most interesting recent development is the identification by Benet Salway and myself of the Fragmenta Londiniensia Anteiustiniana as probably coming from a fifth-century copy of the Gregorian Code, perhaps containing parts of Book Ten titles Although this rescript would most naturally be assigned to the Hermogenian Code, the uncertainties over the division of material of the s between the two codes make a Gregorian attribution quite possible, and so the Gregorian Code is currently our preferred candidate in identifying the work in the London Fragments.
This sign of active use of the Gregorian Code in teaching or practice well highlights its importance in the legal life of the later empire. They reflect an empire with a theoretically common legal system available for those citizens who chose to use it, and indeed a demand from those citizens for imperial rescripts as authoritative statements of law.
But they also reflect the needs of lawyers and both central and provincial government.
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They were also in the new codex format, and thereby were more user-friendly for navigating around books and titles. Finally, they mark the liminal moment as original and authoritative juristic writing was finally superseded by the imperial monopoly of legal initiative and authoritative interpretation. Anastasiadis and G. Bagnall et al. Barnes, Damascus or Demessus? Boudon-Millot — J.
Boudon-Millot and J. Deroux ed.
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Cenderelli, Ricerche sul Codex Hermogenianus , Milan, Feenstra et al. Demandt, A. Goltz, and H.
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Corcoran, Emperor and citizen in the era of Constantine , in E. Hartley et al. Boschung and W. Eck ed. Harries and I. Wood ed. Benoist et al. Corcoran and B. Salway, A lost law-code rediscovered? Dovere, Gli orizzonti dei libri iuris ermogenianei , in K. Muscheler ed. Geburstag , Berlin, , p. Gardner and S. Garnsey, Roman citizenship and Roman law in the late empire , in S. Swain and M. Edwards ed.
Giomaro, Il Codex repetitae praelectionis , Rome, Criscuolo and L. Harries, How to make a law-code , in M.
Austin et al. Humfress, Law and custom under Rome , in A. Rio ed. Jaillette et al. Haensch ed. Lenel, Palingenesia iuris civilis , 2 vols, Leipzig, Liebs, Recht und Rechtsliteratur , in R. Herzog ed. Jahrhundert , Berlin, Freiburger rechtsgeschichtliche Abhandlungen, n. Lokin et al. Marotta, Iustitia, vera philosophia e natura. Una nota sulle Institutiones di Ulpiano , in D. Mantovani and A. Schiavone ed. Feissel and J. Gascou ed. Matthews, Interpreting the interpretationes of the Breviarium of Alaric , in R.
Mathisen ed. Licinius Rufinus , in Journal of Roman Studies , 89, , p. Jones, J Martindale and J. Morris ed. Salway, Equestrian prefects and the award of senatorial honours from the Severans to Constantine , in A. Kolb ed. I , Groningen, Scritti giuridici I , Milan, , p. III, p. Geburtstag , Munich, , vol. II, p. Twomey and M. Humphries ed. Auctarium , ser. According to Livy, the Palatine Hill, located at the center of the ancient city, became the home of the original Romans after the Sabines and the Albans moved into the Roman lowlands.
Due to its historical and legendary significance, the Palatine Hill became the home of many Roman elites during the Republic and emperors during the Empire.