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38-397: It takes its name from its author, Aurelius Hermogenianus , a prominent jurist of the age who acted as the magister libellorum (drafter of responses to petitions) to Diocletian in this period. The work does not survive intact in complete form but a brief section may be preserved on a late antique papyrus from Egypt. Nevertheless, from the surviving references and excerpts it is clear that it

76-522: A doctissimus iurislator ('most learned relator of the law') and it is probably of the Iuris epitomae (rather than the Codex ) that the same author claims that he produced three editions. By analysing the style of the surviving extracts of the Iuris epitomae Tony Honoré has identified Hermogenian also as the drafter of the emperor Diocletian's rescripts (replies to petitions) from the beginning of AD 293 to

114-415: A modern Greek version. Aurelius Hermogenianus Aurelius Hermogenianus , or Hermogenian , was an eminent Roman jurist and public servant of the age of Diocletian and his fellow tetrarchs. The compiler of the eponymous Codex Hermogenianus , which collects imperial laws of the years AD 293–94, has long been identified with Hermogenianus, author of the six-book Iuris epitomae ( Summaries of

152-522: Is clear from his last place in the index to the Florentine Digest, that Hermogenian belonged to the last generation of jurists exploited by Justinian's compilers. References to plural principes and imperatores in several Digest extracts from the Iuris epitomae are certainly consistent with a tetrarchic date. It is probably on this work that his subsequent high reputation was based; the fifth-century author Coelius Sedulius calls Hermogenian

190-524: Is sometimes known, probably in the 390s. 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

228-729: The Corpus Juris Civilis , the codification of Roman law ordered early in the 6th century AD by Justinian I , who was Eastern Roman emperor in Constantinople . Two other units, the Digest and the Institutes , were created during his reign. The fourth part, the Novellae Constitutiones (New Constitutions, or Novels), was compiled unofficially after his death but is now also thought of as part of

266-519: The Codex Justinianeus in the years of the mid 290s, where they appear to overlap. Honoré (1994) provides the full text of all the private rescripts of the relevant period but in a single chronological sequence, not according to their possible location in the CH . The fullest edition of CH is that by Cenderelli (1965: 143–81), who lists references only where the source is CJ but otherwise gives

304-605: The Corpus Juris Civilis . Shortly after Justinian became emperor in 527, he decided the empire's legal system needed repair. There existed three codices of imperial laws and other individual laws, many of which conflicted or were out of date. The Codex Gregorianus and the Codex Hermogenianus were unofficial compilations. (The term "Codex" refers to the physical aspect of the works, being in book form, rather than on papyrus rolls. The transition to

342-550: The Aurelius Hermogenes who served as praefectus urbi of Rome in 309–310, citing the possibility of a corruption in the text of the Chronograph of 354 . Correlating the ascertainable dates for his attested posts with their conventional hierarchical order, Hermogenian's known career has been reconstructed as follows: According to Honoré, he is important as the first Roman lawyer who made an effort to reduce

380-743: The Hermogenian Code in his commentary on Justinian's Code . In the west, some time before AD 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 Hermogenianus achieved status as authoritative sources of law simultaneously with

418-606: The Kriegel brothers' edition of the CJC rather than that of Theodor Mommsen , Paul Krüger , Rudolf Schöll and Wilhelm Kroll , which is accepted as the most reliable, and his translation was severely criticized. Reviewing Scott's work, the Roman law scholar W. W. Buckland wrote that Scott "...had at his disposal an adequate latinity and has produced a version written in an English which can be read with pleasure. But much more than that

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456-716: 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 Hermogenian 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

494-454: The codex occurred around AD 300.) The Codex Theodosianus was an official compilation ordered by Theodosius II . In February 528, Justinian promulgated the constitution Hac quae necessario , by which was created a ten-man commission to review these earlier compilations as well as individual laws, eliminate everything unnecessary or obsolete, make changes as it saw fit, and create a single compilation of imperial laws in force. The commission

532-482: The constitutions in the Code were to be used alongside the conflicting opinions of ancient jurists. "The citation of the said constitutions of Our Code, with the opinions of the ancient interpreters of the law, will suffice for the disposal of all cases." Justinian attempted to harmonize these conflicting opinions by issuing his "Fifty Decisions" and by passing additional new laws. This meant that his Code no longer reflected

570-543: The duties of higher offices; books 2–8 cover private law; book 9 deals with crimes; and books 10–12 contain administrative law. The Code's structure is based on ancient classifications set out in the edictum perpetuum (perpetual edict), as is that of the Digest. In the West, Justinian's Codex was largely lost, or in many places never present, due to the limited western extent of the Roman territories. The Latin version known today

608-493: The end of 294, a task that would have been the job of the emperor's (procurator) a libellis or magister libellorum (master of petitions). These rescripts formed the core of his compilation of imperial laws, the single-book codex that bore his name, which was perhaps designed to function as a supplement to the Codex Gregorianus that itself had gathered up material from as far back as the emperor Hadrian . Certainly,

646-582: The end of the 12th century, and the humanists of the 16th century added the laws originally promulgated in Greek. Paul Krüger created the modern, standard version of the Codex in 1877. No English translations were made of the Codex until the 20th century. In 1932, the English translation of the entire Corpus Juris Civilis (CJC) by Samuel Parsons Scott was published posthumously. Unfortunately, Scott used

684-421: The equestrian order. As happened to a number of senior equestrian prefects of the period, at some point subsequently during Diocletian's reign, he was promoted to the senate, as witnessed by his tenure of the senatorial post of proconsul Asia, in which capacity he put up a dedication to Diocletian or his colleague Maximian at Ilium (Troy) sometime before 305. Benet Salway suggests identifying Hermogenianus with

722-552: The full text only where it did not otherwise appear in the Collectio iuris Romani Anteiustiniani . Rotondi (1922: 154–58) and Sperandio (2005: 389–95) provide only an outline list of the titles, though the latter offers a useful concordance with Lenel's edition of the Edictum Perpetuum . Karampoula (2008) reconstructs on the same principles as Cenderelli (1965) but provides text (including Visigothic interpretationes ) in

760-553: The full text, as did Haenel (1837: 57–80), though he included only texts explicitly attributed to CH by ancient authorities and so did not cite the CJ material, on the grounds that it was only implicitly attributed. Krueger (1890) edited the Visigothic abridgement of CH , with its accompanying interpretationes (pp. 234–35), and provided a reconstruction of the structure of the CH , again excluding CJ material (pp. 242–45), inserting

798-486: The imperial archives. In the fourth and fifth centuries, for those wishing to cite imperial constitutions, the Codex Hermogenianus became a standard work of reference, often cited alongside the Codex Gregorianus , to which it seems to have functioned almost as a supplementary volume. The first explicit quotations of the CH are by the anonymous author of the Mosaicarum et Romanarum Legum Collatio , or Lex Dei as it

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836-580: The latest imperial law. Thus, Justinian ordered a new compilation to supersede the first, and this Codex was published in 534. No copies of the first edition of the Code have survived; only a fragment of an index of contents on an Egyptian papyrus remains. Known as the Codex Repetitae Praelectionis , this second edition of the Code was published on November 16, 534, and took effect on December 30. The Codex consists of twelve books: book 1 concerns ecclesiastical law, sources of law, and

874-571: The law ), a synopsis of classical legal thought. This manual, which followed the arrangement of the Praetor's Edict , survives in 106 excerpts in Justinian 's Digest or Pandects . The excerpts are reassembled according to an approximation of their original order in Otto Lenel's Palingenesia and an English translation can be constructed by reference to Watson's edition of the Digest . It

912-438: The law to a small number of basic principles, such as respect for the individual will, from which solutions to concrete problems could be deduced. Both his works were exploited for Justinian's codificatory project in the late 520s and early 530s: Hermogenian's Codex formed a major component of the Codex Justinianeus and his Iuris epitomae were excerpted for the Digest . In this form they became authoritative sources of law for

950-405: The order of titles is likely to have followed that of the Praetor's Edict . Scholars' estimates as to the number of titles vary from a minimum of 18 to one of 147, though a majority favour 69. Where evidence as to the circumstances of original publication is preserved, it is overwhelmingly to the giving or subscribing of the constitution, suggesting that Hermogenian's collection was made at source in

988-445: 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

1026-399: The post-Justinianic empire and the revived medieval and early modern Roman law tradition based on the Corpus Juris Civilis , in which his ideas were further developed by the natural law and historical schools of jurisprudence from the 17th century onwards. Codex Justinianeus The Code of Justinian ( Latin : Codex Justinianus , Justinianeus or Justiniani ) is one part of

1064-674: 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

1102-495: The second edition after 298, while praetorian prefect, its inclusion of western rescripts reflecting service as magister libellorum at the court of Maximian (c. AD 295–298), and that the final edition, incorporating extra eastern texts, was achieved c. 320 at the court of Licinius or possibly the Law School of Berytus . If Hermogenian applied the same organisational principle to the Codex as he did in his Iuris epitomae , then

1140-415: The seven Valentinianic constitutions attributed to the CH by the author of the Consultatio veteris cuiusdam iurisconsulti must reflect on-going insertions by subsequent users rather than authorial appendices. Consensus opinion has it that the first edition collected the rescripts of 293 and 294, which Hermogenian had himself authored as magister libellorum . It has been proposed that Hermogenianus produced

1178-405: The sixth and ninth centuries, as attested by the insertion of a quotation in two manuscripts of the Breviary . It is because of its exploitation for the Codex Justinianeus that the influence of the Codex Hermogenianus is still felt today. As a component of the Justinianic law, it formed part of the Corpus Juris Civilis of the revived medieval and early modern Roman law tradition. This in turn

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1216-695: The two works are closely linked in subsequent citations , the Hermogenian always after the Gregorian. More recently the legal scholar has been identified with the Aur(elius) Her[mog]enianus, revealed as co-author with his senior colleague as praetorian prefect, Julius Asclepiodotus , of an inscribed dedication to Constantius as Caesar (AD 293/305), unearthed at Brixia (modern Brescia ) in northern Italy in 1983. At this stage, given his title vir eminentissimus (in contrast to his colleague's clarissimus ), Hermogenian still belonged to

1254-554: Was a single book work, subdivided into thematic headings ( tituli ) containing largely rescripts to private petitioners, organised chronologically. Of the texts explicitly attributed to the Codex Hermogenianus , the vast majority date from the years 293–294, though some texts may have been added to this core by Hermogenian in subsequent editions of his work. For the fifth-century author Coelius Sedulius claims that Hermogenian, like Origen , produced three editions of his work in total (though this may relate to his Iuris epitomae ). Still,

1292-584: Was headed by the praetorian prefect John the Cappadocian and also included Tribonian , who was later to head the other Corpus Juris Civilis projects. The commission finished its work in 14 months, and the compilation was promulgated in April 529 by the Constitutio Summa . However, this compilation did not eliminate all the conflicts that had arisen over the years in Roman jurisprudence, and

1330-587: Was needed, and the work cannot be said to satisfy these further requirements." Around the same time that Scott was active, Wyoming Supreme Court Justice Fred H. Blume was translating the Code and Novels, using the standard Mommsen, Krüger, Schöll, and Kroll version. While this was not printed in his lifetime, in 2005 his translation of both the Code and the Novels was published on the Annotated Justinian Code website. A new English translation of

1368-573: Was painstakingly restored over many centuries. The only known manuscript that once contained the entire Latin Codex is a Veronese palimpsest of the 6th or 7th century; it is now only fragments. Within its home in the Roman Empire, the code was translated into Greek, which had become the governing language, and adapted, in the 9th century as the Basilika . It appears as if the Latin Code

1406-460: Was shortened in the Middle Ages into an "Epitome Codex", with inscriptions being dropped and numerous other changes made. Some time in the 8th or 9th century, the last three books of the Code were separated from the others, and many other laws in the first nine books, including all of those written in Greek, were dropped. Substantially complete versions of Justinian's Codex were restored around

1444-572: Was the model and inspiration for the civil law codes that have dominated European systems since the Code Napoleon of 1804. It was also used by the compiler of the Sententiae Syriacae . There has been no attempt at a full reconstruction of all the surviving texts that probably derive from the CH , partly because of the difficulty of distinguishing with absolute certainty constitutions of Hermogenian from those of Gregorian in

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