The Corpus Iuris Civilis in the Middle Ages Manuscripts and Transmission from the Sixth Century to the Juristic Revival (Brill's Studies in Intellectual History, Volume 147)
Language: English
Pages: 292
ISBN: 2:00284617
Format: PDF / Kindle (mobi) / ePub
This book traces the history of Justinians Institutes, Code, and Digest from late antiquity to the juristic revival of the late eleventh century. It includes extensive discussion of manuscripts and other evidence, and plates of many important manuscripts that have never before been reproduced.
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Justinianic legislation, as had been done in the earlier Paratitla; even references internal to the Epitome Juliani do not go beyond adjacent laws. The language of the glosses, too, reveal the undertow of spoken late Latin at the expense of juristic tradition and precision. One thus finds words such as contemptionare, incriminare, infiscare, matrimoniare, pactuare that had been absent from the Justinianic texts and indeed from earlier written Latin. Many technical terms were simplified so that
gifted reader with no particular expertise in the history of Latin; it would not be surprising if he overestimated the uniformity of Latin even before the Lombard invasions. The 590s were already a half-century later than the Gothic wars, singled out by Supino as the moment when laymen virtually disappear from the written record.22 The scribes revealed by the documentary record were at best modestly educated and, in Petrucci’s opinion, possessed of a literacy that was largely confined to reading
tenth century. Regino of Prüm cites 49 Conrat, pp. 97–102. Theophanis Chronographia, ed. Carolus de Boor (Leipzig, 1883), II, p. 94; see also The Chronicle of Theophanes Confessor: Byzantine and Near Eastern History, A.D. 284–813, trans. by Cyril Mango and Roger Scott (Oxford, 1997); Conrat, pp. 102–6. 51 See the careful analysis by J. Devisse, Hincmar et la loi (Dakar, 1962), esp. p. 63; for Savigny on Hincmar, see Geschichte des römischen Rechts, II, 280–83; 484–85. 52 Ratramni Corbeiensis
Kaiserzeit, vol. IV, part 1] (Weimar, 1983), no. 19, pp. 179–99, at p. 180. 21 Ibid., pp. 185–87. For Damian’s legal learning in general, see N. Tamassia, the period of rediscovery 75 of the letter, however, lies less in what it says about Damian’s learning than in his characterization of those sapientes who were causing the trouble as both schoolmasters and judges, for Damian refers to them as holding “in gimnasio ferulam” and who argue cases “in tribunalibus.”22 Writing in the early
problem they brought to the attention of Henry III. The very end of the period also even sees the Institutes being taught alongside the liberal arts, as witnessed by the quotations from Peter Damian and Anselm of Besate. Meager as it is, this evidence outstrips the aggregate of references to Justinian’s works we found between the death of Gregory the Great and the end of the tenth century. Although sources become truly abundant only later, it seems likely that the real turning point in the
