Corcoran, S; Salway, B; (2012) Fragmenta Londiniensia Anteiustiniana: preliminary observations. Roman Legal Tradition , 8 63 - 83.

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Abstract

This article gives a preliminary account of seventeen small parchment fragments, which have been the subject of detailed study by members of the team of the "Projet Volterra" since the end of 2009. The fragments have been identified as coming from a legal text in Latin, indeed possibly all from the same page, written in a fifth-century uncial book-hand, but with some numeration and glosses in Greek. The fragments contain part of a rubricated title, as well as the headings and subscripts to several imperial rescripts of third-century emperors (Caracalla, Gordian III and the Philips are explicitly named), organized in a broadly chronological sequence without intervening commentary. Three rescripts overlap with texts known from the Justinian Code (C. 7.62.3, 4 and 7). It is argued here that the work in the fragments is from neither the first nor second editions of the Justinian Code, nor from a juristic miscellany (similar to the "Fragmenta Vaticana", "Lex Dei" or "Consultatio"). Despite the apparently anomalous presence of a tetrarchic rescript (otherwise typically attributed to the Hermogenian Code), the conclusion is that these fragments most plausibly represent the only known remains of a manuscript of the lost Gregorian Code. An appendix gives some sample texts, including all the material overlapping with the Justinian Code.

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