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256 9. roman law<br />

least twice, towards the end, from constitutions <strong>of</strong> Leo. There survives only<br />

a Syriac translation <strong>of</strong> what was evidently in origin a Greek text.<br />

Similarly, it is only through Syriac, Arab, Armenian and Coptic translations<br />

<strong>of</strong> the Greek original that we know the so-called Syro-Romano Law<br />

Book, a supposed collection <strong>of</strong> constitutions <strong>of</strong> Constantine, Theodosius<br />

and Leo. The author is unknown. It contained a comprehensive collection<br />

<strong>of</strong> constitutions <strong>of</strong> the fourth and fifth centuries up to 472, matched up<br />

with short extracts from juristic writing too – 130 items in all, covering<br />

various subjects. It also belongs to the late fifth or early sixth century. 91 The<br />

De actionibus, a small book in Greek, similarly anonymous, collects fortythree<br />

short opinions concerning the claims that could be made on different<br />

facts. It dates at the earliest from Justinian’s time and, like the other items<br />

already mentioned, was undoubtedly directed at the practitioner. 92<br />

There were also teaching materials which for the most part were not<br />

intended for publication. (The Consultatio was also probably not so<br />

intended.) Among these are the many commentaries on the texts studied<br />

in the curriculum, from juristic writings, collections <strong>of</strong> constitutions or the<br />

volumes <strong>of</strong> Justinian’s corpus iuris. Our knowledge <strong>of</strong> this class <strong>of</strong> literature<br />

is sparse and comes mostly from schools in the west teaching in Latin. Thus<br />

the Lex Romana Visigothorum contains a much abbreviated paraphrase <strong>of</strong><br />

the Institutes <strong>of</strong> Gaius, the Liber Gaii. 93 It stems from teaching-activity in<br />

about 460, presumably in Narbonne. Roughly to the same time and place<br />

belong the Interpretationes to the pseudo-Pauline Pauli Sententiae, also preserved<br />

in the Visigothic Lex Romana. 94 With these also stand the commentaries<br />

on an extract from the Codex Gregorianus and a very short piece <strong>of</strong> the<br />

Hermogenianus, 95 and, most important, that on the Theodosianus 96 and the<br />

post-Theodosian Novels. 97<br />

By contrast, from Sicily or northern Italy come the so-called Antiqua summaria,<br />

a thin work on the full Theodosianus from the later fifth century. The<br />

second half survives. 98 From the school in Rome in 545 some observations<br />

on Justinian’s Institutes for a first-year course, the so-called Turin gloss. 99<br />

From the same source come, about 560, the so-called Paratitla to Julian’s<br />

epitome <strong>of</strong> the Novels, giving short accounts <strong>of</strong> the changes which<br />

Justinian’s novels introduced. This comes from a course on the Novels based<br />

91 Bruns and Sachau (1880) (the German translation is no longer satisfactory); Sachau (1907). Cf.<br />

Selb (1964), (1965); Kaufhold (1966); Vööbus (1972), (1975); Memmer (1990). Sent. Syr.: Selb (1990).<br />

92 Sitzia (1973), with Simon’s review (1975).<br />

93 Ed. Hänel (1849) 314–37; Kübler in Huschke et al.(1927) 395–431. Cf. Archi (1937), with Nelson<br />

(1995), review <strong>of</strong> Archi.<br />

94 Ed. Hänel (1849) 338–444; Kaser and Schwarz (1956); cf. Schellenberg (1965).<br />

95 Ed. Hänel (1849) 444–51; Krüger et al. (1890) 221–35; cf. Kreuter (1993).<br />

96 Ed. Mommsen, in Cod. Theod. 97 Ed. Meyer (1905).<br />

98 Ed. Manenti (1887) 257–88; (1888) 141–57; (1889) 203–311. New edn Sirks (1996b). Cf. Liebs<br />

(1987) 177–88; Sirks (1991) 247–50, 345–50, 380f., 416–20; Sirks (1996c).<br />

99 Ed. Krüger (1868) 44–78; Alberti (1933); cf. Liebs (1987) 195–220.<br />

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

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