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252 9. roman law<br />

later constitutions. It was then extended another three times, adding two<br />

more Novels each time, but three on the last occasion, which had previously<br />

been omitted from those <strong>of</strong> the period 535–45. The third extension<br />

involved another duplication. Here the individual Novels stood in a numbered<br />

series, but the subdivisions, the chapters, were also numbered, in<br />

such a way that the numbering <strong>of</strong> the chapters overrode the boundaries<br />

between the individual Novels. The collection itself does not survive, but<br />

we have evidence <strong>of</strong> it in five documents emanating from Julian’s contemporary<br />

teaching <strong>of</strong> law in Constantinople (see below). The most important<br />

is a Latin index, a summary <strong>of</strong> the contents <strong>of</strong> all 124 items by Julian<br />

himself, which survives as the so-called Epitome Juliani. 55 It is the textbook<br />

<strong>of</strong> his course on the Novels given in the academic year 556–7 in Latin, evidently<br />

for refugees from Italy. It met with success in the west and was<br />

almost exclusively relied upon in the early Middle Ages. 56 The second collection<br />

<strong>of</strong> Justinianic Novels originally reached to 556. It sought to put the<br />

late additions to the first collection into their proper chronological places,<br />

which it carried through with some minor mistakes, and to add some more<br />

recent pronouncements. It was later extended at least to 566. 57 The original<br />

edition survives only in fragments <strong>of</strong> a Greek course on the Novels<br />

given by Julian in 557–8. 58 The extended edition can likewise be seen only<br />

through the fragments <strong>of</strong> an anonymous writer <strong>of</strong> about 600. The third<br />

collection reached at first to 556 and contained 127 items. Here again we<br />

lack direct evidence, but most <strong>of</strong> the items were in Greek and we do have<br />

a word by word Latin translation <strong>of</strong> those (κατ� π�δας), and we also have<br />

Latin texts <strong>of</strong> a few <strong>of</strong> those which were issued either in Latin or in both<br />

languages. The translation was made to back up a course on the Novels in<br />

Rome in 557–8 and was bit by bit extended by the addition <strong>of</strong> further Latin<br />

Novels reaching up to 563, till it included 134 items. It acquired the name<br />

Authenticum and in the west displaced the Epitome Juliani in the late Middle<br />

Ages. 59 Only the fourth and last collection <strong>of</strong> Novels has come down to us<br />

directly. 60 It reaches to 575 and includes 168 items. The last three, edicts <strong>of</strong><br />

praetorian prefects from the early or mid sixth century, are clearly later<br />

additions. In 572 Athanasius <strong>of</strong> Emesa made a Greek epitome <strong>of</strong> the<br />

Novels and put them into a systematic order; 61 in 580–90 Theodorus<br />

Scholasticus <strong>of</strong> Hermopolis produced a Greek abridgement <strong>of</strong> the collection<br />

<strong>of</strong> 168 Novels. 62<br />

55 Scheltema (1970) 47–50. On the four remaining pieces <strong>of</strong> Byzantine evidence see Liebs (1987)<br />

220–44. 56 Liebs (1987) 246–66, 269–76.<br />

57 van der Wal (1964) 164ff.; Liebs (1987) 223, 232–4.<br />

58 Simon et al.(1977) 1–29, supplemented by Liebs (1987) 223, 232–4.<br />

59 Authenticum; also in the sequence <strong>of</strong> the fourth collection: CIC iii, but only the upper Latin text,<br />

if identified as Authenticum and supplied with its original numbering. 60 CIC iii.<br />

61 Simon and Troianos (1989). 62 See p. 258 below, n. 113.<br />

<strong>Cambridge</strong> <strong>Hi</strong>stories Online © <strong>Cambridge</strong> University Press, 2008

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