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28-492: The Codex takes its name from its author, a certain Gregorius (or Gregorianus), about whom nothing is known for certain, though it has been suggested that he acted as the magister libellorum (drafter of responses to petitions) to the emperors Carinus and Diocletian in the 280s and early 290s. The work does not survive intact and much about its original form remains obscure, though from the surviving references and excerpts it

56-1006: A Fellow of The Queen's College and then of New College. Between 1971 and 1988 he was Regius Professor of Civil Law at Oxford and a Fellow of All Souls College, Oxford ; for nearly 30 years after retiring from his chair, he taught seminars in Jurisprudence for the BCL jointly with John Gardner . Honoré was a close associate of H. L. A. Hart . They jointly wrote Causation in the Law (Oxford, 1st ed. 1959, 2nd 1985) in 1953-8 and Honoré had some influence on Hart's The Concept of Law (Oxford, 1st ed. 1961, 2nd 1994). A number of his philosophical papers are collected in Making Law Bind (Oxford, 1987) and Responsibility and Fault (Oxford, 1999) and his contributions to legal philosophy and Roman law, which range widely, include 16 books and more than

84-605: A 100 articles published over six decades. Honoré was an honorary Q.C. and Bencher of Lincoln's Inn , a member of the British and Bavarian Academies and of the International Academy of Comparative Law . In South Africa, his standing has been recognised by the award of honorary degrees from the Universities of South Africa , Stellenbosch and Cape Town . When receiving this last degree, in 1990, he had

112-804: A parallel to the composition of the German Constitutional Court . Nelson Mandela approved of this. It was put into practice in 1995, and has been a success. He delivered the Hamlyn Lectures (1982), the Blackstone and H. L. A. Hart lectures, the J. H. Gray lectures at Cambridge and the Maccabaean lecture in Jurisprudence at the British Academy. Three Festschriften have been published in his honour. On 17 September 2004 he received honorary citizenship from

140-441: Is clear that it was a multi-book work, subdivided into thematic headings ( tituli ) that contained a mixture of rescripts to private petitioners, letters to officials, and public edicts, organised chronologically. Scholars' estimates as to the number of books vary from 14 to 16, with the majority favouring 15. Where evidence of the mode of original publication is preserved, it is overwhelmingly to posting up, suggesting that Gregorius

168-562: Is said to have married and divorced nine different women during his short reign in Rome and to have made his private life notorious. He is said to have persecuted many who he felt had treated him with insufficient respect before his elevation, to have alienated the Senate by his open dislike and contempt, and to have prostituted the imperial dignity with the various low entertainments he introduced at court. When Carus heard of his son's behaviour in

196-588: The Code Napoleon of 1804. There has been no attempt at a full reconstruction of all the surviving texts that probably derive from the CG , partly because of the difficulty of distinguishing with absolute certainty constitutions of Gregorius from those of Hermogenian in the Codex Justinianeus in the years of the mid 290s, where they appear to overlap. Tony Honoré (1994) provides the full text of all

224-671: The 390s. In the early fifth century Augustine of Hippo cites the Gregorian Code in discussion of adulterous marriages. Most famously, the Gregorian and Hermogenian Codes are cited as a model for the organisation of imperial constitutions since Constantine I in the directive ordering their collection in what was to become the Codex Theodosianus , addressed to the senate of Constantinople on 26 March 429, and drafted by Theodosius II 's quaestor Antiochus Chuzon . In

252-739: The Gregorian Code in his commentary on Codex Justinianus . In the west, some time before 506, both codices were supplemented by a set of clarificatory notes ( interpretationes ), which accompany their abridged versions in the Breviary of Alaric , and were cited as sources in the Lex Romana Burgundionum attributed to Gundobad , king of the Burgundians (473–516). Texts drawn from the Codex Gregorianus achieved status as authoritative sources of law simultaneously with

280-463: The Margus River, but Carinus was murdered by a tribune whose wife he had seduced. Another account describes the battle as a complete victory for Diocletian and claims that Carinus' army deserted him. This account may be supported by the fact that Diocletian kept Carinus' Praetorian Guard commander, Titus Claudius Aurelius Aristobulus , in service. Carinus has the reputation of being one of

308-714: The Roman Balkans and eastern provinces in AD 529. This was subsequently rolled out to Latin north Africa, following its reconquest from the Vandals in 530, and then Italy in 554. So, by the mid sixth century the original text of the Gregorian Code had been consigned to the dustbin of history over most of the Mediterranean world. Only in Merovingian and Frankish Gaul were copies of the full version still exploited between

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336-533: The Visigothic abridgement of CG , with its accompanying interpretationes (pp. 224–33), and provided a reconstruction of the structure of the CG , again excluding CJ material (pp. 236–42), inserting the full text only where it did not otherwise appear in the Collectio iuris Romani Anteiustiniani . Rotondi (1922: 154–58), Scherillo (1934), and Sperandio (2005: 389–95) provide only an outline list of

364-529: The capital, he declared his intention of removing him from office and replacing him with Constantius Chlorus , who was already known for his ability and virtue. Carus, however, died soon afterwards in the midst of the Persian War, and his two sons jointly succeeded him. On his return to Rome, Carinus organised the annual games, the Ludi Romani , on an unprecedented scale. At the same time, Numerian

392-556: The opportunity to give an address. He used this opportunity to point to the parallel between the extension of citizenship to all free people in the Roman Empire , regardless of race, sex or religion, by Caracalla in 211 AD, and the extension of citizenship to the whole of the South African population. This he foresaw would need an adjustment of the legal system, and he suggested a constitutional court to carry it through with

420-579: The original version of the code. Carinus Marcus Aurelius Carinus (died 285) was Roman Emperor from 283 to 285. The eldest son of the Emperor Carus , he was first appointed Caesar in late 282, then given the title of Augustus in early 283, and made co-emperor of the western part of the Empire by his father. Official accounts of his character and career, which portray him as dissolute and incompetent, have been filtered through

448-445: The original work's deliberate eclipse by two codification initiatives of the sixth century. First, the abridged version incorporated in the Breviary of Alaric , promulgated in 506, explicitly superseded the original full text throughout Visigothic Gaul and Spain. Then, as part of the emperor Justinian 's grand codification programme, it formed a major component of the Codex Justinianeus , which came into force in its first edition across

476-676: The post-Theodosian era both Codes are quoted as sources of imperial constitutions by the mid-fifth-century anonymous author of the Consultatio veteris cuiusdam iurisconsulti (probably based in Gaul); are cited in marginal cross-references by a user of the Fragmenta Vaticana ; and in notes from an eastern law school lecture course on Ulpian's Ad Sabinum . In the Justinianic era, the antecessor (law professor) Thalelaeus cited

504-449: The private rescripts of the relevant period but in a single chronological sequence, not according to their possible location in the CG . The fullest edition of CG remains that of Haenel (1837: 1–56), though he included only texts explicitly attributed to CG by ancient authorities and so did not cite the CJ material, on the grounds that it was only implicitly attributed. Krueger (1890) edited

532-522: The propaganda of his successful opponent Diocletian . After the death of Emperor Probus in a spontaneous mutiny by the army in 282, his praetorian prefect , Carus , ascended to the throne. When he left for the Persian war, he elevated his two sons to the title of Caesar . The elder, Carinus, was left to manage the affairs of the West in his absence, and was later elevated to the rank of Augustus , while

560-517: The sixth and ninth centuries, as attested by the appendices to manuscripts of the Breviary . It is because of its exploitation for the Codex Justinianeus that the influence of Gregorius' work is still felt today. As such, it formed part of the Corpus Juris Civilis of the revived medieval and early modern Roman law tradition. This in turn was the model and inspiration for the civil law codes that have dominated European systems since

588-509: The sun, he was carried on a covered litter on the march. Arrius Aper , the praetorian prefect, took charge in his name, but his ambitious temper aroused the troops' suspicions. At Heraclea in Thrace , they broke into the imperial tent and found Numerian dead. Diocletian , commander of the bodyguard, confirmed that Numerian had been murdered by the Praefect, and after executing the Praefect, he

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616-515: The titles, though the latter offers a useful concordance with Lenel's edition of the Edictum Perpetuum . Karampoula (2008) conflates the reconstructions of Krueger (1890) and Rotondi (1922) but provides text (including Visigothic interpretationes ) in a modern Greek version. On 26 January 2010, Simon Corcoran and Benet Salway at University College London announced that they had discovered seventeen fragments of what they believed to be

644-491: The worst Roman emperors. This infamy may have been encouraged by Diocletian. The unreliable Historia Augusta has Carinus marrying nine wives. After his death, Carinus' memory was officially condemned in the Roman procedure known as damnatio memoriae . His name and that of his wife were erased from inscriptions. Tony Honor%C3%A9 Anthony Maurice Honoré , QC , FBA (30 March 1921 – 26 February 2019 )

672-622: The younger, Numerian , accompanied his father to the East. Carinus acquitted himself well, at least at first, showing some merit in suppressing unrest in Gaul and against the Quadi , but the young emperor soon left the defence of the Upper Rhine to his legates and returned to Rome , where the surviving accounts, which demonise him, claim he indulged in all manner of extravagance and excess. He

700-783: Was a British lawyer and jurist known for his work on ownership , causation and Roman law . Honoré was born in London but was brought up in South Africa. He served in the South African Infantry during the Second World War and was severely wounded in the Battle of Alamein . After the war he continued his studies at New College, Oxford , and he lived and taught in Oxford for seventy years, including periods as

728-459: Was forced to abandon his father's ambitious campaign in the east by the soldiers, who were superstitious about Carus' death, supposedly caused by a bolt of lightning. Numerian led his army back to Rome, where a triumph awaited him, leaving the Persians astonished at the inexplicable retreat of a victorious army. Numerian's health, however, was broken by the climate, and unable to bear the heat of

756-565: Was proclaimed Emperor by the soldiers. Carinus immediately left Rome and headed east to meet Diocletian. On his way through Pannonia he overthrew the usurper Sabinus Julianus and in July 285 met Diocletian's army at the Battle of the Margus River (modern Morava River ) in Moesia . Historians disagree about what happened next. According to one account, his troops prevailed at the Battle of

784-534: Was working with material in the public domain. In the fourth and fifth centuries, for those wishing to cite imperial constitutions, the Codex Gregorianus became a standard work of reference, often cited alongside the Codex Hermogenianus . The earliest explicit quotations are by the anonymous author of the Mosaicarum et Romanarum Legum Collatio , or Lex Dei as it is sometimes known, probably in

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