Theodosian Code, Volume 2

(p. XIV sqq.) in the index of Valentinian [laws] I indicated. Our collection was composed not long after the Breviary was continued, certainly in the sixth century. For it is certain that Leovigild, king of the Visigoths (567—586), who amended and enlarged the Eurician Code, used a constitution of the third collection (namely, Anthemius novel 1) (see below in chapter V). To define the region where this collection was written and subsequently used, it is perhaps of some importance that nearly all books of the third collection, as well as all manuscripts of the Burgundian Law (36, 4), cite Theodosian novel 11 in Γ and the books of the Breviary, entitled 'On guardians,' under the title 'On appointing guardians for orphans.' Furthermore, the extravagant novel of Severus 2, having been ascribed to chapter 46 of that same Burgundian Law, passed from there into some manuscripts of our collection.

The archetype of this third collection, containing not only the Novels but the entire Breviary, is well explained by the rubric which follows in the Vatican MS reg. 1023 (10th cent.) = Σ (fol. 2v) and the Parisian 4412 (9th cent.) = Ξ (fol. 8r): In the name of Christ... begin the sentences extracted with dates and consuls, with interpretations of the book of laws from the body of Theodosius. There are 16 books of Theodosius himself, [books] of the Novels with their authors, that is, Valentinian, Marcian, Majorian, Severus, Maximus, [in total] 5 books. Here at the end of these and before the beginning of Gaius, seek the tree of law. Gaius book I, Paul's Sentences 5 books, Gregorian book I, Hermogenian book I, Papian book I, Anthemius book I. In total, there are 31 books of laws of the old and the new.

Regarding the Novels, this type of book is represented more fully than the rest by the list of the Fulda epitomized book (D 1: 8th cent.), which is arranged in this manner:

A (fol. 10r): Here begins the book of the novel laws of the divine Theodosius, 50 rubrics follow, namely the novels of the Breviary of Theodosius II = I—XI, the novels outside the Breviary of Theodosius II and Valentinian III mixed = XII—XLIX, and finally Majorian novel 9 = L.

A (fol. 11v): The titles of the novel laws of the divine Theodosius end; here begins the book of the laws of Valentinian, 12 rubrics follow, namely the novels of the Breviary of Valentinian III.

B (fol. 13r): The Papian book ends; here begin the titles of the divine Marcian, 5 rubrics follow of the novels of the Breviary of Marcian.

B (fol. 13v): The novels of the divine Marcian end; here begin the novels of the divine Majorian, 2 rubrics follow of the novels of the Breviary of Majorian.

B (fol. 14): The novels of the divine Majorian end; the divine Severus begins, 1 rubric follows of the novels of the Breviary of Severus.

C (f. 14r): The titles of Maximus end; the titles of the laws of the divine Anthemius begin, 3 rubrics follow of the extravagant novels of Anthemius.