The Ancient Library

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the manuscripts and printed editions consists of additions forming an appendix to the original col­lection.

The order of the Epitome is very different from that of the 168 No veils in the ordinary modern editions of the Corpus Juris. Of those 168 No-veils, seven are constitutions of Justin II. and Ti­berius, four are edicts of praefecti praetorio, and several are constitutions of Justinian subsequent to a. d. 556. Of the 168 Novells, Novells 114, 121, 138, 143, and 150, are abstracted in the appendix to the Epitome found in some manuscripts, and 19, 21, 33, 36, 37, 50, 116, 122, 132, 133, 135, 137, 139—149, 151—158, are altogether wanting in Julianus.

Tables exhibiting the correspondence of the No-veils in the Corpus Juris with the corresponding abstracts in Julianus may be found in Biener, Ges-c-hichte der Novellen^ pp. 538-9 ; Savigny's Zeit-schrift) vol. iv. p. 187; Booking, Institutionen, pp. 73—75. The first thirty-nine constitutions in the Epitome are arranged very irregularly, but the ar­rangement from const. 40 to const. Ill is chrono­logical, and agrees pretty closely with that of the Novells in the Corpus Juris from Nov. 44 to Nov. 120.

Julianus translated from the original Greek, and he had before him the Latin text of those Novells which were originally published in Latin. He leaves out the inscriptions, verbose prooemia, and epilogues, but gives the subscriptiones (containing the date at the end). The substance of the enact­ing part is given without much abridgment, and the Latin style of the author is tolerably clear and pure.

It may seem strange that a professor living in a country where Greek was the vernacular language, at a time when others were translating into Greek the monuments of Roman legislation, should em­ploy himself in composing a Latin Epitome of the Greek Novells. It may be that his work was composed for the benefit of the Italians, who by the conquest of the Ostrogoths in a. d. 554 had been reduced under the dominion of Justinian, or for those western students who frequented the law schools of Constantinople and Berytus. There are passages in the work (e. g., c. 15. c. 29—32) which show that it was intended for those who were not Greeks.

Among the cultivators of Roman law in the school of Bologna, this Epitome was called Novella, Novellae^ Liber Novellarum. It was probably known early in the eleventh century, before the discovery by Irnerius of another ancient translation of the Novells, containing 134 constitutions in an unabridged form. The glossators were wholly un­acquainted with the original Greek Novells. The Epitome was perhaps at first regarded as the au­thentic work, containing the latest legislation of Justinian. Zachariae, indeed, states (Anecdota, p. 202, citing Pertz, Monumenta^ vol. iii.), that Ju­lianus is quoted as the author of it in the Capitula ^igelJieimensia as early as a. d. 826, and Julianus, apostate! and monk, is named by Huguccio in the twelfth century (in an unpublished Summa Deere-forum} as the author of the Novella; but the greater number of the glossators, though they dili­gently studied the Epitome (Ritter, ad Heineccii Hist. Jur. Civ. vol. i. § 403), appear to have known nothing of Julianus. After the Latin translation of 134 No veils was found, it seems at first to have shared the name of Novella with the work of Ju-



lianiis, and its authenticity was for a time doubted by Irnerius, even after it had received the name of autftenticu?n9 recognising its authenticity, and dis­tinguishing it from the Epitome of Julianus. (Sa-vigny, Geschichte des Rom. Rechts im Mittelalter, vol, ii. pp. 453—466, iv. p. 484.) The Auihen-ticum, or Versio Vulgata, was now taught in the schools, while the Epitome or Novella., though per­mitted to be read as a subsidiary source .of in­struction, so rapidly fell into disuse, that neither Fulgosius nor Caccialupi ever saw a copy of it. It is commonly believed that the Epitome of Julian was re-discovered by the monk Ambrosius Traver-sarius, in a. d. 1433, in the library of Victorinus at Mantua. The main authority for this statement is Suarez, in his Notit. Basil. § 21 ; but there is reason to doubt the story, which is not confirmed by an extant letter of Ambrosius (Ambrosii Tra-versarii Cameldunensis Epistolae, vol. i. p. 419, Florent. 1759), giving an account of the books that he found in the library at Mantua. He men­tions a work Joannis Consulis de Variis Quaesti-onibus, but by this he can scarcely mean the Epi­tome, for it seems to have been a Greek book. A very elaborate and valuable literary history of the Epitome was drawn up by Haubold, and inserted in the fourth volume of Savigny's Zeitschrifl. As an appendix to this paper, Professor Hanel of Leipzig has given in the eighth volume of the Zeitschrift an accurate enumeration of the known existing manuscripts. Though the printed editions of the Epitome are numerous, they are scarce, and the new edition which Hanel is understood to be preparing will be an acceptable boon to students of Roman law.

3?he following are the principal printed editions, for the full titles of which the reader is referred to the above-mentioned paper of Haubold. Transcripts of preceding editions of the Epitome have froni time to time been inserted in editions of the Vo-lumen—that is to say, the last volume into which the Carpus Juris Civilis was formerly usually di­vided, containing the Authenticum or Versio Vulgata of the Novells, the last three of the twelve books of the Code, the Libri Feudorum, &c.

1. The first printed edition was published in 8vo., without name or year, at Lyons in 1512, at the end of a collection of the Laws of the Lom­bards. The editor was Nic. Boherius. The work, which is imperfectly given, is divided into nine collationes. This division, found in several manu­scripts, was probably made about the time of Ir­nerius, to correspond with the first nine books of the Code. The Auflwnticuni was similarly divided into nine collationes.

2. The Epitome was next printed at the end of the AutJtenticum, apud Sennetonios fratres, Lugd. 1550. In this edition the Epitome, as in many manuscripts, is divided into two parts or books, and, through a misunderstanding of a manuscript inscription, the authorship of the work is attributed to an anonymous citizen of Constance.

3. An independent edition of the Epitome is in­serted in the very rare edition of the Volumenj apud Ludovicum Pesnot, 8vo. Lugd. 1558.

4. Next comes the edition of Lud. Miraeus (Le Mire, whose name appears in the preface), fol. Lugduni. 1561. In this edition Julianus is named as the author," Imp. Justiniani Constitutiones, inter* prete Juliano" There is a reprint, with a preface by Goltzius, 4to. Bragis, 1565.

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