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CODEX HERMOGENIA´NUS (sometimes, though without good reason, regarded as one collection with the preceding), a compilation of imperial constitutions made by an equally obscure Hermogenianus: possibly he was the Hermogenian who wrote the “libri epitomarum” from which there are excerpts in the Digest, but the name belonged to several high state officials in the second half of the fourth century (Heinecc. Hist. Jur. § 369). The oldest enactment which we know it to have contained is a constitution of Diocletian of A.D. 290 or 291, also embodied in the Codex Gregorianus, and it consists almost entirely of the legislation of that emperor and Maximian. In the “consultatio veteris juris consulti,” cap. 9, seven constitutions of Valens and Valentinian II., probably of the years 364 and 365 A.D., are said to have been contained in it; but many critics consider this an error, and place the date of the compilation much earlier (Wenck, Corpus Juris Antejustin. p. 62), though these enactments may have been inserted in a later edition; others see no reason for thinking the Codex was compiled much earlier than Theodosius II., who mentions it in Cod. Theod. 1.1, 5. We do not hear of its being divided into Books, but only into Titles and Rubrics. It seems to have been intended as a sort of appendix to the Codex Gregorianus. Neither of them was made by imperial authority ; they were the work of private individuals, but apparently soon came to be regarded as authority in courts of justice. (Böcking, Institutionen; Puchta, Institutionen, § 135; Zimmern, Geschichte des römischen Privatrechts ; Wenck, Corpus Juris Antejustinianei ; Hugo, Lehrbuch der Geschichte des römischen Rechts.


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