Theodosian Code, Volume 2 (1905) - Page 26

— XIX —

[laws] outside the Breviary, transcribed by the hand of Peter Pithou the elder (A) from that lost book and subsequently edited by Cujas in his earlier edition of 1566 (Cui. ed. 1). This list, omitting the Sichardian entries, contains rubrics that correspond to those Theodosian and Valentinian [laws] placed outside the Breviary (Ab) and the Anthemian novels (C), as they are in the Fulda book. A copy of the lost Pithou manuscript, the Paris 4420 (which we call A), exhibits the text of these same constitutions arranged in the same order, with the Valentinian [laws] of the Breviary, along with their interpretations (A°), appended after the Anthemian [novels] (f. 64v), drawn from the same book. The Theodosian [laws] of the Breviary (Aa), which will be explained in the fourth chapter as having existed in the lost codex, are not described in A; however, the Alarician constitutions of Marcian, Majorian, and Severus (BBb°) were missing from it, a fact demonstrated by the note "missing in ours," inscribed in the hand of Pithou the elder in the Sichardian F 380 f. 110 and 115v at that location.

The list of rubrics provided below shows that the Fulda book, the lost Pithou manuscript with Paris 4420 (A), as well as the equally truncated Vatican reg. 1023 (Σ) and Paris 4412 (Ξ), and the Oxford Bodleian 3362 (which we call O)—copied in the 12th century by William of Malmesbury—all trace back to the same archetype of our collection:

Order of Edition (see p.XIIIsqq.)	Fuldensis	AΔ	Σ	Ξ	O
Aa) Theod. 1	Theod. I	missing in A (lat.) Δ	Theod. I	Theod. I	letter of Theodosius
— 2	— II	" "	— II	— II	letter of the same
— 3	— III	" "	missing [added in the margin of the context]	missing	Theod. I
— 9	— IIII	" "	missing	missing	— II
— 11	— V	" "	Th. V	Th. V [first part missing in context]	— III
— 13	— VI	" "	— VI	— VI [missing in context]	— IIII
— 14	— VII (VIII in context)	" "	— VII	— VII [missing in context]	— V
— 15, 1	— VIII (written VIII)	" "	missing [added in the margin of the context]	missing	— VI
— 16	— VIIII (X in lat.)	" "	Th. VIIII	Th. VIIII [first part missing in context]	— VII
— 20	— X (XI in lat.)	" "	— X	— X	— VIII
— 22, 1	— XI (XII in lat.)	" "	— XI, 1	— XI, 1	— VIIII, 1
— 22, 2	missing	" "	— XI, 2	— XI, 2	— VIIII, 2
Ab) Th. 5, 1	Th. XII	Th. XII, 1	missing	missing	Th. X, 1
— 5, 2	missing	— XII, 2			— X, 2
— 5, 3	missing	— XII, 3			— X, 3

Belonging to the same family are the books ΨΘΩ (see p. XXII, XXIII), Vatican reg. 1050, and furthermore the Paris manuscripts 4408, 4411, 4413, 9653, and Leiden Voss. quart. 47, which contain only the novels of the Breviary, concerning which we will speak in the fourth chapter. The excerpts of novel laws in the manuscripts Berlin Phillipps 1741, Paris 12445 (= D), 10753, Vatican reg. 520, and those preserved in the Aegidian epitome, belong to the same category, as we shall see in the fifth chapter.