The Author remarks first of all the scarce consistency of the manuscript trasmission of the Justinian Novels in the Eastern World, both in the form of the original text and in the form of epithoms, unlike what happened in the Western World. Thus, the Author intends to verify how many of these laws were still considered important in the 9th century, through the analysis of the "Eisagoge", a compilation made in Constantinople in the years 879-886 with the participation of Patriarch Photios, about which it is discussed whenever it was truly enforced and if it came before or after the "Prochiron" (another compilation which is also ascribed to Emperor Basilius I, but which could have been published by one of his sons). The analysis revealed that,of the Collection of 168 "Novellae" of Justinian and of his immediate successors, only for 27 constitutions (or, at best, for 30) excerpts of the original text or of a parallel Greek epithom can be found in the Eisagoge: they represent slightly more than the 15% of the 761 chapters of the whole compilation, but they are concentrated in a few titles, particularly in 8 of them on a group of 40 and, in a minor way, in other 11. This result is due to the directions of the lawmaker of the 9th century, and mostly to the characteristics of the Novels of Justinian; actually, more than the half of them was out of interest at that age. Therefore, it can be maintained that the Eisagoge did not omit any Novel of particular relevance, even if its silence on the legitimation of children or on the last discipline of monks' life can leave us surprised. It could be even possible that its compilers used a prior collection of Novels that was already abridged or anyhow revised; in particular, analogies had been from a long time observed between the way the Novels were included in the Eisagoge (as well as in the Prochiron) and the way a partial collection of them was transmitted by Codex Laurentianus LXXX.4. But the present study has also underlined some differences, from which it could be argued that the collection from which the compilers of the Eisagoge took their texts had many profiles in common with that of Codex Laurentianus, but that it had minor gaps and was a bit less revised than this latter.
Le Novelle giustinianee e l'Eisagoge
GORIA, Fausto
2011-01-01
Abstract
The Author remarks first of all the scarce consistency of the manuscript trasmission of the Justinian Novels in the Eastern World, both in the form of the original text and in the form of epithoms, unlike what happened in the Western World. Thus, the Author intends to verify how many of these laws were still considered important in the 9th century, through the analysis of the "Eisagoge", a compilation made in Constantinople in the years 879-886 with the participation of Patriarch Photios, about which it is discussed whenever it was truly enforced and if it came before or after the "Prochiron" (another compilation which is also ascribed to Emperor Basilius I, but which could have been published by one of his sons). The analysis revealed that,of the Collection of 168 "Novellae" of Justinian and of his immediate successors, only for 27 constitutions (or, at best, for 30) excerpts of the original text or of a parallel Greek epithom can be found in the Eisagoge: they represent slightly more than the 15% of the 761 chapters of the whole compilation, but they are concentrated in a few titles, particularly in 8 of them on a group of 40 and, in a minor way, in other 11. This result is due to the directions of the lawmaker of the 9th century, and mostly to the characteristics of the Novels of Justinian; actually, more than the half of them was out of interest at that age. Therefore, it can be maintained that the Eisagoge did not omit any Novel of particular relevance, even if its silence on the legitimation of children or on the last discipline of monks' life can leave us surprised. It could be even possible that its compilers used a prior collection of Novels that was already abridged or anyhow revised; in particular, analogies had been from a long time observed between the way the Novels were included in the Eisagoge (as well as in the Prochiron) and the way a partial collection of them was transmitted by Codex Laurentianus LXXX.4. But the present study has also underlined some differences, from which it could be argued that the collection from which the compilers of the Eisagoge took their texts had many profiles in common with that of Codex Laurentianus, but that it had minor gaps and was a bit less revised than this latter.
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