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date has been followed by the majority of legal historians; but there is every reason to believe that the Epitome was completed during the life of Justinian, in A. D. 556. In it Justinian is uniformly called noster imperator, while preceding emperors, as Leo and Justinus, are called Divus Leo and Divus Justinus. In the abstracts o to the subsequent legislation of Justinian, which again permitted divortium bona gratia. In the original collection, also, no Novell of later date than the year A. D. 556 is abstracted. Works Epitome of the Novells of Justinian The original collection consists of 124, or at most 125, constitutions. These again are divided int168 Novells, seven are constitutions of Justin II. and Tiberius, four are edicts of praefecti praetorio, and several are constitutions of Justinian subsequent to A. D. 556. Of the 168 Novells, Novells 114, 121, 138, 143, and 150, are abstracted in the appendix to the Epitome found in some manuscripts, and 19, 21, 33, 36, 37, 50, 11
d Justinus, are called Divus Leo and Divus Justinus. In the abstracts of Novells 117 and 134 there is no allusion to the subsequent legislation of Justinian, which again permitted divortium bona gratia. In the original collection, also, no Novell of later date than the year A. D. 556 is abstracted. Works Epitome of the Novells of Justinian The original collection consists of 124, or at most 125, constitutions. These again are divided into chapters, which, in the editions subsequent to A. D. 1561, are doubly numbered, one numbering running through the work from the commencement, and another beginning anew with each constitution. The 125 constitutions make 564 chapters. This will explain the different modes of citation. Thus const. 1 consists of four chapters, and const. 2 of live chapters. The fourth chapter of const. 2 might be cited as 100.9, or as const. 2, 100.4. Again, the 8th constitution, the whole of which makes one chapter (the 48th), may be cited as const. 8, or as 100.44
ST. A Latin Epitome of the Novells of Justinian is extant under this name. In one MS. the work is attributed to Joannes, a citizen of Constantinople; in some, no author is named; but in several the translation and abridgment are ascribed to Julianus, a professor (antecessor) at Constantinople. It is remarkable that no jurist of the name is recorded among the compilers employed by Justinian, and no professor of the name occurs in the inscription of the Const. Omnem addressed by Justinian in A. D. 533 to the professors of law at Constantinople and Berytus. Among the extracts from contemporaries of Justinian, which were originally appended to the text of the Basilica, there is not one that bears the name of Julianus. In Basil. 16. tit. 1. s. 6.2 (vol. ii. p. 180, ed. Heimbach), a Julianus is named as putting a question to Stephanus, one of the eminent jurists of Justinian's time, and hence it has been supposed that the author of the Epitome of the Novells was a disciple of Stephanus. Tha
or example, the word didicimus, at the beginning of the 67th constitution of the Epitome. It is also clear, from internal evidence, that the author was a resident in Constantinople, which in 100.216 and 358 he calls haec civitas, although in neither case does the Novell of Justinian which he is abstracting contain a parallel expression. The collection of Novells translated and abridged by Julianus is referred by Fréherus, in his Chronologia prefixed to the Jus Graeco-Romanum, to the year A. D. 570, and this date has been followed by the majority of legal historians; but there is every reason to believe that the Epitome was completed during the life of Justinian, in A. D. 556. In it Justinian is uniformly called noster imperator, while preceding emperors, as Leo and Justinus, are called Divus Leo and Divus Justinus. In the abstracts of Novells 117 and 134 there is no allusion to the subsequent legislation of Justinian, which again permitted divortium bona gratia. In the original coll
ites the Novells of Justinian in an order which does not very considerably differ from that of Julianus. Anonymus seems to have been skilled in Latin as well as Greek, and was perhaps the author of an ancient Latin version of the Greek fragments of Modestinus which occur in the Digest. Further, there is strong reason to identify the anonymous with Enantiophanes; and Enantiophanes, like Julianus, was a disciple of Stephanus. [ENANTIOPHANES.] When Italy, after the invasion of the Lombards in A. D. 568, was rent from the Roman empire, Julianus may have turned to writing in Greek. Mortreueil (Histoire de Droit Byzantin, vol. i. pp. 293-300), who agrees with Zachariae in these conjectures, thinks that Julianus was probably not an authorised expositor of the law, and that none but jurists specially authorised could, without a breach of rule, be cited by name. The conjecture that Julianus and Anonymus were identical is controverted by G. E. Heimbach, in Richter's Kritische Jahrbücher for 183
tinguishing it from the Epitome of Julianus. (Savigny, Geschichte des Röm. Rechts im Mittelalter, vol. ii. pp. 453-466, iv. p. 484.) The Authenticum, or Versio Vulgata, was now taught in the schools, while the Epitome or Novella, though permitted to be read as a subsidiary source of instruction, so rapidly fell into disuse, that neither Fulgosius nor Caccialupi ever saw a copy of it. It is commonly believed that the Epitome of Julian was re-discovered by the monk Ambrosius Traversarius, in A. D. 1433, in the library of Victorinus at Mantua. The main authority for this statement is Suarez, in his Notit. Basil. § 21; but there is reason to doubt the story, which is not confirmed by an extant letter of Ambrosius (Ambrosii Traversarii Cameldunensis Epistolae, vol. i. p. 419, Florent. 1759), giving an account of the books that he found in the library at Mantua. He mentions a work Joannis Consulis de Variis Quaestionibus, but by this he can scarcely mean the Epitome, for it seems to have bee
entury, before the discovery by Irnerius of another ancient translation of the Novells, containing 134 constitutions in an unabridged form. The glossators were wholly unacquainted with the original Greek Novells. The Epitome was perhaps at first regarded as the authentic work, containing the latest legislation of Justinian. Zachariae, indeed, states (Anecdota, p. 202, citing Pertz, Monumenta, vol. iii.), that Julianus is quoted as the author of it in the Capitula Ingelheimensia as early as A. D. 826, and Julianus, apostate! and monk, is named by Huguccio in the twelfth century (in an unpublished Summa Deeretorunm) as the author of the Novello; but the greater number of the glossators, though they diligently studied the Epitome (Ritter, ad Heineccii Hist. Jur. Civ. vol. 1.403), appear to have known nothing of Julianus. After the Latin translation of 134 Novells was found, it seems at first to have shared the name of Novolla with the work of Julianus, and its authenticity was for a time
stance of the enacting part is given without much abridgment, and the Latin style of the author is tolerably clear and pure. It may seem strange that a professor living in a country where Greek was the vernacular language, at a time when others were translating into Greek the monuments of Roman legislation, should employ himself in composing a Latin Epitome of the Greek Novells. It may be that his work was composed for the benefit of the Italians, who by the conquest of the Ostrogoths in A. D. 554 had been reduced under the dominion of Justinian, or for those western students who frequented the law schools of Constantinople and Berytus. There are passages in the work (e. g., 100.15. c 29-32) which show that it was intended for those who were not Greeks. Among the cultivators of Roman law in the school of Bologna, this Epitome was called Novella, Novellae, Liber Novellarum. It was probably known early in the eleventh century, before the discovery by Irnerius of another ancient tran