Actes du Conseil Général / Proceedings of the General Council: Vol. XXXII

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AVL Faculty: Mr. Alain Pellet

Thus Faustus is not contradicting himself when he lists four exemplars in total. It is the ambiguity arising from the absence of a definite or indefinite article in Latin that has misled Mommsen and his followers.


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  6. Nevertheless, the neat symmetry of the presentation by Theodosius and Valentinian of copies of the Code to the holders of the two chief prefectures has led most commentators to assume that these two prefects were thereby being charged with dissemination of the Code throughout both partes imperii. Quod restat, Florenti p arens k arissime a tque a mantissime , inlustris et magnifica auctoritas tua, cui amicum, cui familiare est placere principibus, edictis prop ositis in omnium populorum, in omnium provinciarum notitiam scita maiestatis augustae nostrae faciat pervenire.

    What remains, Florentius my dearest and most beloved father, is for your illustrious and magnificent authority, to whom it is congenial, to whom it is familiar to please the emperors, to see to it that by the posting of edicts the decisions of our august majesty reach the notice of all peoples and of all provinces. I propose that Faustus makes no mention of Gaul or Spain in the Gesta senatus simply because his writ did not run there.

    As befitted the territorial limits of his competence, in explicitly mentioning Africa, Faustus was demonstrating his concern for the needs of the only overseas part of his prefecture. Quantum consulente viro inl ustri Fausto praefecto praetorio numinibus nostris subdita senatus amplissimi gesta testantur, vidimus id, quod invictissimus princeps pater clementiae nostrae in custodiendi Theodosiani codicis observatione praecepit, a senatu diligentia maiore munitum, ut hi ad edenda exemplaria haberent tantum licentiam contributam, quos manebat periculum, si quid edita falsitatis habuissent.

    Et ideo vir inl uster p raefectus u rbi , parens amicusque noster, ad cuius diligentiam pertinet observare diligentius, quod pro omnium cautela decrevit senatus, sciet vobis licentiam in edendis exemplaribus contributam, confectionem quoque memorati corporis vestro tantum periculo procurandam, nec habeant vel de editione vel de confectione commercium, cum ad vos certum sit redundare de falsitatis discrimen, interminatione multae precibus comprehensae et sacrilegii poena constringi tam cognitionale officium quam eos, qui nostris minime paruerunt constitutis, omni obreptione cessante.

    We have seen, with Faustus, vir illuster praetorian prefect, conferring with our authority and as far as the appended proceedings of the most ample senate bear witness, that what the most invincible emperor, the father of our clemency, ordained to be observed for the protection of the Theodosian Code had been reinforced with greater diligence by the senate, so that it was solely those that had the licence granted them to publish copies whom the risk hung over, if the publications possessed anything false.

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    And therefore, the vir inluster prefect of the city, our relative and friend, to whose care it pertains to observe more carefully what the senate decreed for the security of all, should know that the licence to publish copies has been granted to you, as well as the responsibility of manufacture of the aforementioned work at your risk alone, and that, with every infringement ceasing, they sc.

    Given his relatively exhalted rank, it has been suggested that Veronicianus occupied a palatine office, such as primicerius notariorum or magister scriniorum , whence the proposal that the two constitutionarii were subordinate palatine functionaries, who would normally be based at Ravenna at this period. Provision of such a service in an earlier period is implied by the organization of panels of professional witnesses that are attested in the diplomas commissioned by military veterans.

    It also explains the importance to Anastasius and Martinus of the exclusive licence on copying. Beyond that they would be dependent on individual commissions to bring in further income from this source. The petition of the constitutionarii might have been prompted by the consideration that they alone were liable to prosecution for defects in the text of publicly circulating copies of the Code but the economic imperative to protect their monopoly on copying will have been equally, if not more, significant.

    For the licence to produce copies commercially for the public was not a perquisite by which they might supplement a salary but a fundamental part of their income. Rome, after all, was almost certainly the location of the biggest potential market in the west for the commissioning by members of the public of entire exemplars of, or transcripts of individual texts from, the Code. After the constitutionarii had concluded their business in Rome in , they will presumably have returned northwards over the Apennines to rejoin the imperial court, leaving behind them the copy of the Code made for the office of the urban prefect.

    With the constitutionarii physically remote in Ravenna, it is comprehensible that officials of the urban prefect's department might have succumbed to the temptation to supplement their income by allowing copying from the exemplar of the Code on deposit with them.

    In other words, from until the rescript of , it would appear that their monopoly relied solely on the extent to which Faustus, Paulus, and their successors respected the suggestio of the senate as embodied in the acclamations recorded in the Gesta. That Faustus does not mention this in the Gesta senatus does not automatically render it unlikely. They do not comprise an objective description of the whole process of dissemination. We must understand the event in Constantinople described by Faustus as a ceremony to celebrate the completion of the Code and symbolise its launch rather than as a practical exercise in distribution.

    The neat symmetry of receipt by the holders of the two most prestigious prefectures in person was, after all, to some extent serendipitous rather than deliberate. After all, Theodosius had originally proposed that the wedding take place in Thessalonike, a location that not only would have been closer to a half-way point for the two sovereigns but was also significant in recent dynastic history, as the city where Valentinian had been acclaimed Caesar in November , before joining the military expedition to Italy.

    Whether journeying on the Via Egnatia to the Adriatic coast or the whole way back to Italy by sea, the imperial entourage will probably not have arrived back in Ravenna until April of Allowing about four weeks for the journey from Ravenna to Arles at this time of year, a copy of the Code is not likely to have been delivered to the prefect of the Gauls before early May.

    By calling the meeting Faustus engineered a public show of support for the acceptance of a text whose contents might have exacerbated tensions, if they had been scrutinised closely. At the same time, of course, the meeting, held chez lui , afforded Faustus an opportunity for self aggrandisement in front of his fellows amongst the urban aristocracy. He was able to boast to them of the special distinction that communicating the Code to them conferred upon him. This extended only to ensuring the transmission of his singulus codex throughout his own prefecture.

    The involvement of Valentinian in the launch at Constantinople is sufficient to imply that he approved its contents as the authoritative version of general legislation from the beginning of to the end of in principle. But from what date was it to acquire that status?

    Theodosius himself indicates in Novel 2 quoted above in section II that the separate and subsequent issue of Novel 1 was necessary to establish the exclusivity of the Code.

    Vol. XXXII

    It is perfectly natural to suppose that in Oriens and the eastern prefecture of Illyricum, versions of Novel 1 appropriate to each of the prefects would have circulated as prefatory constitutions to the full text of the Code, just as did C. Haec , C. Summa , and later from C. In the absence of any surviving eastern examples of the opening of the Code, this cannot, of course, be proven. However, Novel 1 was composed and issued after Valentinian and his entourage had already left Constantinople and may not have come to their attention before they left Thessalonike.

    Moreover our inability to trace western legislation to establish the exclusivity of the Code is understandable. We have to accept the extent of our ignorance.

    Even if, in practice, this led to only minor inconvenience for lawyers and administrators, it did entail a sacrifice of autonomy and a clear deference to the authority of Constantinople, which was a matter of contemporary political sensitivity. This provides important extra context for the meeting of the Roman senate recorded in the Gesta Senatus. Once due weight is given to the character of the Code as an eastern creation, the prudence of staging the reception by the senate to establish its credibility to a western audience can be appreciated.

    By presenting for its approval his physical copy of the Code and the regulations for further copying of the text, as laid down by Theodosius, Faustus skillfully co-opts the senate into the process of its introduction. They were responsible for the majority but not the entirety of the process of publication in their respective partes imperii.

    In the light of earlier Roman practice, I propose that the most likely solution for their status is as authorised independent agents, rather than salaried functionaries. Ultimately it is only because Anastasius and Martinus cited the Gesta in defence of their exclusive licence, which had been threatened by the activities of staff in the bureau of the urban prefect, that the senate's minutes have been preserved.

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    Even if, on current evidence, no decisive conclusion can be reached on all these matters, the debate can no longer proceed on the assumption that Novel 1 and the Gesta senatus comprise the whole story. Atzeri, Alcuni problemi relativi ai constitutionarii , in G. Giglio edd. A tzeri, Gesta senatus Romani de Theodosiano publicando. Bagnall et al. Bagnall, A.

    Cameron, S. Schwartz, K. Burgess, The ninth consulship of Honorius, A.

    Free Actes Du Conseil Général Proceedings Of The General Council Vol Xxxii 1967

    Mathisen and D. Schanzer edd. Lizzi Testa edd , Humana sapit. Corcoran and B. Crescenzi, Authentica atque originalia. Revista catalana de historia del dret , 8, , p. Jaillette ed. De Dominicis, Il problema dei rapporti burocratico-legislativi tra Occidente ed Oriente nel basso impero romano alla luce delle inscriptiones e delle subscriptiones imperiali , in Istituto lombardo di scienze e lettere, Rendiconti, Classe di lettere e scienze morali e storiche , 87, 4, , p. De Giovanni, Istituzioni, scienza giuridica, codici nel mondo tardoantico.

    go to site Alle radici di una nuova storia , Rome, Inscriptiones Latii veteris Latinae , Berlin, Feissel, Praefatio chartarum publicarum. Labruna, I. Buti, F. Naz ed. VII, Paris, , col. Guidobaldi, Palma ad Palmam , in E. Steinby ed. Wood edd. Heather, The western empire, , in A.

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