Zwei Fragmente frühbyzantinischer Rechtsliteratur aus Hermupolis Magna. Neuedition von P. Berol. Inv. Nr. 16976 und 16977. Teil 1. Einleitung zu beiden Papyri. Neuedition von P. 16977 aus einer griechischen Index-Vorlesung zu den diokletianischen Kodizes
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In 1945 Wilhelm Schubart published two papyri in the Festschrift for Leopold Wenger. In the the present paper (in two subsequen parts) I wish to offer their re-edition and a new commentary to both of them. Among other things, their new dating has been established to ad 450–500. Because they deal with completely different subjects, it is assumed here that they belonged to two different codices, contrary to Schubart’s opinion, who believed that they are part of one and the same manuscript. P. 16977, edited in the first part of the paper, originates from Eastern Roman leagal teaching practice. It is a fragment of a Greek index lecture about two Diocletianic codes. Greek indices were concise sum- maries of Latin legal texts, intended especially for law students who did not know Latin. The present fragment deals with nine constitutions about non numerata pecunia, ‘the lack of payment for a credit’. One constitution is taken from the Hermogenian Code, the remaining ones from the Gregorian Code. Four of them are completely or partly preserved in the Justinianic Code (CI. 4, 30, 4–7). Keywords: juristic papyrology, legal literature, teaching Roman law in Greek, index lesson, Codex Gregorianus, Codex Hermogenianus, exceptio non numeratae pecuniae, Hermopolis Magna.
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