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based in part upon the Oxford Text Archive's electronic text of the
NOTE TO READERS
This on-line version of the Theodosian Code is based upon the Latin text of Mommsen's edition (originally printed in 1905). However the apparatus criticus, the interpretationes from the Breviarium and the parallels from the Codex Justinianus have not been reproduced. Nevertheless, the line divisions of Mommsen's edition have been preserved in order to enable users to check details against that edition.
Users should beware that, since no manuscript of the entire Theodosian Code in its original form survives, all editions are to some extent reconstitutions. The form of the surviving manuscripts suggests that the original Codex was in fact split into three separate volumes -- volume 1 containing introductory material and books I-V, volume 2, books VI-VIIII and volume 3, books X-XVI. No descendant of the first volume appears to survive, thus books I to V of the original have perished entirely and have to be reconstructed by collecting constitutions excerpted in the Breviarium of Alaric and the Codex Justinianus. Of books VI (from 6.2.12) to XVI there exist manuscripts providing a more-or-less complete text; book XVI is particularly well attested because it was maintained in its entirety and attached to copies of the Breviarium.
The intention here is to create a 'virtual' edition of the Code, in order to present the text in a form as close as possible to that in which it would have appreared to contemporary readers in the mid fifth century. Thus the order of the prefatory material and the form of the index of titles and constitutions depends upon manuscript authority of version of the Breviarium and the Codex Justinianus, whose form can be expected to follow that of the original Codex Theodosianus. Similarly the lack of numbering of individual constitutions is in deliberate imitation of the original edition.
R.W.B. Salway 07/08/99