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legal literature 255<br />

did not have any adverse effect. 82 Law teaching presumably survived even<br />

the fateful year 507. In Lyons law may also have been taught, at least in the<br />

Burgundian period: 83 legal manuscripts suggest significant activity, since a<br />

fifth- or sixth-century copy <strong>of</strong> the Codex Theodosianus, a late-sixth- or earlyseventh-century<br />

Theodosian manuscript, and the seventh-century manuscript,<br />

now divided between St Petersburg and Berlin, which contains<br />

decisions <strong>of</strong> a Gallic council, the Notitia Galliarum, a papal letter and the<br />

Constitutiones Sirmondianae, all probably originated in Lyons. 84 In Carthage,<br />

too, it is probable that law was taught in the third and fourth centuries.<br />

Presumably there was one paid teacher endowed by the town itself, his post<br />

perhaps surviving into the period <strong>of</strong> the Vandals. 85<br />

vi. legal literature<br />

In the fifth and sixth centuries there was a modest output <strong>of</strong> legal writing,<br />

mostly in Greek. 86 In 430 there appeared a private collection <strong>of</strong> imperial<br />

enactments relating to ecclesiastical law, the so-called Constitutiones<br />

Sirmondianae. This probably emanated from Gaul. 87 Also from Gaul, in 445,<br />

comes the so-called Consultatio veteris cuiusdam iurisconsulti, a collection <strong>of</strong><br />

authorities on the theme <strong>of</strong> settlement from the pseudo-Pauline Sententiae<br />

and from the codices <strong>of</strong> imperial constitutions, which was put together for<br />

use in a lawsuit. 88 A papyrus <strong>of</strong> the fifth or possibly the fourth century contains<br />

the remains <strong>of</strong> a Greek collection <strong>of</strong> Latin technical terms, the socalled<br />

Collectio definitionum. The Beirut teacher Anatolius also composed a<br />

dialogue with a student in the sixth century. 89 To the fifth or sixth century<br />

or even later belongs The Laws and Customs <strong>of</strong> Palestine <strong>of</strong> Julian <strong>of</strong> Ascalon,<br />

a collection <strong>of</strong> authorities relating to the law <strong>of</strong> building in Palestine. It survives<br />

only in fragments. 90 Of similar provenance is The Laws <strong>of</strong> the Christian<br />

and Just Kings, the so-called Sententiae Syriacae, which is an unsystematic collection<br />

<strong>of</strong> 102 short propositions on diverse subjects taken by their<br />

unknown author mostly from constitutions <strong>of</strong> Diocletian, but also from<br />

the Pauli Sententiae, occasionally from constitutions <strong>of</strong> Constantine and at<br />

82 Sid. Ap. Carm. xxiii.446,54, 464,74; Ep. ii.13.1.<br />

83 Sid. Ap. Ep. v.5 to Syagrius a.d. 469; also i.3; v.17.2 for Filimatius. Liebs (1987) 161f. for legal<br />

work at Lyons.<br />

84 Parisinus 9643, CLA 591; Vaticanus reginae 886, CLA 110; Berolinensis Philipps 1745, formerly<br />

the Cathedral Library <strong>of</strong> Lyons, CLA 1061.<br />

85 Liebs (1993) 19f., 119; Halban (1899) ii.71–7;Wolff (1936) 398–420, esp. 417.<br />

86 Heimbach (1868); Krüger (1912) 361–5, 406–15; Wenger (1953) 549–53, 681–92; Scheltema<br />

(1970); Pieler (1978) 341–428; van der Wal and Lokin (1985) 20–62, 121–30.<br />

87 Ed. by Mommsen, in Cod. Theod.pp.907–21; cf. Liebs (1993) 109–14.<br />

88 Ed. by Krüger (1890) 199–220; Huschke et al.(1927) 485–514; cf. Schindler (1962); Wieacker (1955)<br />

92, 110–14; Gaudemet (1979a) 84. On the dating: Liebs (1993) 142 n. 52.<br />

89 Pieler (1978) 390. Collectio definitionum, ed. Arangio-Ruiz, PSI 1348. Cf. Schulz (1953) 308; Liebs<br />

90 (1971) 87–8. Cf. Nicole (1893) 65–75; Ferrini (1929); Saliou (1996).<br />

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

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