Theodosian Code, Volume 2 (1905) - Page 23

Manuscript Γ counts 33 constitutions, omitting 15, 16, and 34 of the novel laws in both the index and the context. I have inserted these into the order of the titles in Γ, each in its proper place according to the Cujacian fragments, Phillipps 1735, and the third collection. Therefore, I have not followed Haenel except in the ordering of constitutions 28–31, the order of which in manuscript Γ and its archetype was disturbed. However, I disagree with him, as he reduced all the Valentinian rubrics to dates. It would have been better if he had refrained from these transpositions, following the book even where it departs from the chronological order: for errors of this kind originate from the very compiler of the body of law. Evidence for this are the locations that constitutions 13–20 occupy both in the Breviary and in the third collection, where only 16 and 17 have been transposed, as the table below will demonstrate:

Our edition	1st Collection	Breviary and 3rd Collection	Haenel Edition
13	Γ XIII	XXIII	Valent. 18
14	Γ XIIII	Brev. I	— 13
15	missing in Γ, preserved in Cujacian fragment after 14	missing	Theod. 26
16	missing in Γ; the number 16 is provided by Phillipps 1735	XXV	Valent. 14
17	Γ XV	XXIIII	— 16
18	Γ XVI	Brev. II	— 17
19	Γ XVII	Brev. III	— 19
20	Γ XVIII	XXVI	— 15
21	Γ XVIIII	Brev. IIII	— 20

[Table continued omitted for brevity]

C. The novel laws of Majorian.

They begin in manuscript Γ (f. 115v) with the words: Titles of the novel laws of the deified Majorian Augustus. There follows an index of twelve constitutions, the context of which has the first six complete and the beginning of the seventh, with a blank page of the manuscript left thereafter, as it was copied from a mutilated archetype. These are the rubrics:

1. 458 Jan. 11 On the rise of the empire, etc.
2. 458 Mar. 10 On the remission of arrears.
3. 458 May 8 On the defenders of the cities.
4. 458 Jul. 11 On public buildings.
5. 458 Sept. 4 On escheat goods, etc.
6. 458 Oct. 26 On nuns, etc.
7. 458 Nov. 6 On curials, etc.: Γ is missing after the first words; the Alaric epitome fills the hiatus.
8. . . . . . On the return of the right of arms: the rubric is present in Γ, but the context is missing in our books.
9. 459 Apr. 17 On adulteries: the rubric is in Γ, and the context was preserved by the third collection.
10. . . . . . Neither a senator, etc.: the rubric exists in Γ, but the context is missing in our books.