Page:Dictionary of Greek and Roman Biography and Mythology (1870) - Volume 2.djvu/687

Rh JUSTINIANUS, Deitr'dge zur Revision der Justin. Cod., and the preface of S. Hermanni to his edition of the Code in the Leipzig edition of the Corpus Juris Civilis, commenced by the brothers Kriegel. An abstract of the first eight books of the Code, made at latest in the 9th century, was discovered by Niebuhr at Perugia ; and this Summa Perasina has been edited by G. E. Heimbach, in the second volume of his Aneedoia (fol. Lips. 1840). We possess the Novells of Justinian in three ancient forms ; the Latin Epitome of Julianus, of which we have already spoken [Julianus] ; an ancient Latin translation (the AutJienticum, or Versio Vulgata), containing 134 Novells, and the Greek collection, numbering 168 Novells, Of the 134 Novells contained in the Versio Vul- gata, the glossators recognised only 97 as practically useful, and these were the only Novells to which they appended a gloss. As the Institutes, Digest, and Code, were divided into books and titles, the glossators divided the Q7 glossed Novells (which they arranged chronologically) into nine books, in- tended to correspond with the first nine books of the Code. These books were called collationes. Under each collatio was placed a certain number of constitutions, and each constitution formed a sepa- rate title, except the 8th, which was divided into two titles. There were thus 98 titles. The rubrics of the constitutions, and the division into chapters and paragraphs, though not due to Justinian, were probably older than the glossators, and to be attri- buted to the original collectors or translators. The 97 glossed Novells, thus divided, constituted the liber ordinarius ; the remaining Novells of the Authenticum Avere called extravagantes or auihen- ticae exlraordinariae., and were divided into three coHaiiones^ to correspond with the last three book.s of the Code : but, as they were not used in forensic practice, they soon ceased to be copied in the manuscripts. The oldest printed edition of the versio vulgata is that of Vit. Piicher, containing the 97 Novells, with the gloss, followed by the last three books of the Code (Rom. 1476). The Greek collection of the Novells of Justinian was made for the use of the Oriental lawyers, pro- bably under Tiberius II., who reigned a. d. 578 — 582. The Greek collection was not confined to con- stitutions of Justinian. There are four of Justin II., three of Tiberius II., and four edicts (eparcAim, formae) of the praefectus urbi and praefectus prae- torio. A list of the rubrics of the 168 Novella was first printed in Latin by Cujas (Eirposit. Novell. fol. Lugd. 1570), and the original Greek text of this list is given in the second volume of Heimbach's Anecdota. It is called Index Reginae, from having been found in the queen's library at Paris. The Greek Novells were wholly unknown to the glossators. Haloander was the first who published them at Nuremburg, in 1531, from an imperfect Florentine manuscript. Scrimger, a Scotchman and Professor of the Civil Law at Geneva, after- wards published them from a less imperfect Vene- tian manuscript. The collection of Scrimger was printed by H. Stephanus at Geneva in 1558. Neither the Venetian nor the Florentine manuscript contains in full the 168 Novells. Sometimes the mere title of an omitted Novell is inserted ; some- times only the number of the Novell is given, and the lacuna is marked by asterisks. Haloander gave a Latin version of the Novells lie published. Scrimger published the Greek with- JUSTINIANUS. 673 out a translation ; but the Novells, which are con- tained in Scrimger and not in Haloander, were translated by Agylaeus. {Supplementum Novel- /arum. Colon. 1560.) The labours of Contius constituted the next im- portant stage in the literary history of the Novells. He formed a Greek text from combining Haloander and Scrimger. He formed a Latin text from the Versio Vulgata, so far as he was acquainted with it. This he supplied by a translation from the Greek, partly his own and partly compiled from Haloander. He subjoined the matter contained in Julian's Epitome, so f;ir as it was not contained either in the Versio Vidgata or in the published Greek Novells. In this manner he made up the 168 Latin Novells, which compose the stock of Novells in ordinary modern editions of the Corpus Juris Civilis. Contius published many editions of the Novells, differing among themselves in a way which it is necessary to remark. Some of the editions con- tained the gloss, and in these the 97 glossed Novells were arranged as usual in the old nine collafiojies, while all the remaining Novells were subjoined as a tenth collatio. An important change, however, took place in the unglossed edition of 1571. In this, Contius classed the 168 Novells with reference to their dates (though there are some exceptions to the chronological order), and distributed them, so arranged, into nine collationes, and subdivided the collationes into titles. The same order was reproduced in the edition of 1581, and has been followed ever since in all but the glossed editions. From the account which we have given, it will easily be conceived that great confusion has been occasioned in references by the varieties of arrangement in different editions of the Novells. for example, the 131st Novell of modem editions of the Corpus Juris Cm7is forms, according to the arrangement of Contius, the 1 4th title of the 9th collatio, while it was the 6th title of the 9th collatio of the old glossators. Of modern editions since the time of Contius, it is unnecessary to say much. Under the title Novellae Constitutiones Justiniani, a Graeco iu Latinum versae opera Homhergk zu Vach (4to. Mar- burg, 1717), more is performed than is promised. The author presents to us not only a very good new Latin translation, but the Greek text, and a series of Latin Novells from the vejsio vulgata, of which the original Greek has not been preserved, and valuable critical notes. The translation of Hombergk zu Vach is the basis of that of Osen- briiggen, the editor of the Novells in the Leipzig Corpus Juris Civilis. Among the best commentators upon the Novells may be mentioned Cujas, Joach. Stephanus {Ex- positio Novellarum, 8vo. Franc. 1608), and Mat- thaeus Stephanus. (Commentarius Novellarum, 4 to. Gryphsw. 1631. Cum notis Brunnemanni, 4to. Viteb. 1700, 4to. Lips. 1707.) G. E. Heimbach, in the first volume of his Anecdota, has published the remains of the ancient commentators, Athanasius Scholasticus, Theodorus Hermopolitanus, Philoxenus, Symbatius, and Ano- nymus. Much labour and learning have been recently expended in unravelling the intricacies of this part of literary history, and in correcting the errors of former writers on the Novells. Biener's Geschiclde der Novellen Jusimian's contains the most accurate