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1

Rękopis Digestum vetus ze zbiorów Biblioteki Kórnickiej PAN

100%

Baran-Kozłowski W.

Historia Slavorum Occidentis

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2014

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issue 2(7)

39-62

EN

Currently in the collection of the Kórnik Library, the manuscript, produced by order of the Emperor Justinian, contains Digestum vetus with the later gloss of Accursius. It is considered one of the most interesting copies of this work in Europe, its rank determined mainly by the rich iconographic program consisting of 25 initials and over 230 illustrations in the margins, the majority of which are multiform scenes. Art historians studying the discussed manuscript indicate that among numerous manuscripts of the Digestum preserved in European collections, there is not another one with such a gorgeous illustrative programme. The miniature illustrations in initials, produced by a single master, open subsequent books of the Digests, referring specifi cally to the content of the fi rst titles of given books. The remaining 238 marginal miniatures were made by three illustrators working in parallel on particular signatures to the manuscript. The analysis of their dispersion on each page has revealed that they were produced once the marginal gloss of Accursius was written down. In most cases the illustrations directly illustrate case studies contained in the Digestum. These miniatures were designed so as to facilitate the perception of the text of the Digestum, help in memorising specifi c cases and to facilitate the search in the entire comprehensive codifi cation. In light of recent fi ndings of art historians, this manuscript was produced in several stages. First, the text of the Digestum was written, probably in northern Italy, in the last quarter of the twelfth century, then, in France in the 1230s the marginal gloss of Accarsius was added and illuminations prepared. This Code came to Poland in the fi fteenth century, owing to the canon of Kraków and the scholastic of Płock Dersław of Karnice, who bought it during his studies in Italy in the years 1469–1471. The manuscript spent 300 years in the library of the Chapter of Płock, where he was purchased by Tadeusz Czacki to be located it in the Poryck Library. Then Digesta were bought by Adam Jerzy Czartoryski, and stored in the Library of Puławy, from where with a considerable part of manuscripts, it was ultimately transported to the Działyński Library in Kórnik, which has housed them to this day.

2

An aspect of local lamp production in the western Pontic region: the case of lamps of types Hayes/Saraçhane 9 and 10

100%

Topoleanu F.

Polish Archaeology in the Mediterranean

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2019

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vol. 28(1)

341-347

EN

Lamps of the Hayes 9 type were produced in huge quantities in the state workshops of the Eastern Roman Empire and in the Western Pontic ateliers, where the Hayes 8 lamps were also manufactured, especially in Constantinople and Halmiris. The shape of the lamps and the fabric argue in favor of this assumption, further supported by the dating of contexts recorded during the excavation of Dobrogean sites. Thus, the Halmyris workshop complex appears to stand out among the lamp-producing centers, at least in the Black Sea area, during Justinian’s reign.

3

Roman Campaigns and Negotiations in the East, 542–545

88%

Greatrex G.

Studia Ceranea

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2021

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vol. 11

569-578

EN

This article seeks to support the earlier dating of campaigns on the Roman eastern frontier in the 540s. It addresses points made in a recent contribution by Michael Whitby, who argued that the traditional chronology, which places a Roman invasion of Persarmenia in 543 and a Persian siege of Edessa in 544, should be retained. The article seeks to demonstrate that the grounds he offers are inadequate and concludes therefore that the earlier dating, according to which the Romans invaded Persarmenia in autumn 542 and the Persians besieged Edessa in 543, is to be preferred.

4

Codex: Un nombre antiguo

88%

Martinez Martinez F. J.

Horyzonty Polityki

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2019

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vol. 10

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issue 31

60-80

EN

RESEARCH OBJECTIVE: A brief exposition is presented on the origins and developments of Roman Law, taking as starting point the idea of a Law of Jurists that becomes a Law of Autocrats (the emperors), with changes in the sources and in the sustenance of the same ones. The ultimate result is the codification of that Roman Law in the times of Justinian and the ancient (not modern) meaning of the notion of Code. THE RESEARCH PROBLEM AND METHODS: It is a purely informative, synthesis and exposition work for which it has relied on the most recent and the most traditional bibliography and sources, analyzing one and the others. RESEARCH RESULTS: The two great moments (classical and postclassical) of the Roman era are presented, from the legal perspective, to show how this slow and painless transition from an open and plural system to another monotone, dominated by the emperor in both what the new Law refers to as old Law. The Code is the final recapitulation of this Roman intellectual and cultural world. CONCLUSION: Rome manages to evolve, without betraying itself and without abandoning its oldest sources; rather, assembling all the materials and creating a method in which medieval and modern jurists will then be inspired. In the final Code and Codification they manage to incorporate all that Law and the main guidelines for its interpretation.

5

Olim tradita fuerunt? On the obsoleteness of the sollemnia verba in Inst. 3.15pr.

88%

Yiftach U.

The Journal of Juristic Papyrology

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2021

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issue 51

169-187

EN

According to the classical dogma, the act of stipulatio was performed through the exchange of sollemnia verba, which were, according to my working hypothesis, verbs introducing the duty to perform a future act, a concept lucidly displayed by Pomponian (Dig. 45.1.5.1), hence the ‘Pomponian tenet’. Documents preserved on papyrus, composed by ‘new-Romans’ after the Constitutio Antoniniana, exhibit a completely different concept: a stipulation-clause confirming a past, contractually significant activity. It is asked (but not conclusively answered) to what extend this alternative formulation has paved the way to the abandonment of the ‘Pomponian tenet’ by the emperor Leo in 472 ce (CJ 8.37.10). As we draw from Justinian’s interpretation of CJ 8.37.10 in Inst. 3.15.1, the sollemnia verba, the use of which became outdated after Leo, was not the language of the stipulation-clause as incorporated in the written documentation of the contract, but that of the act of stipulatio, which, as before, was meant in the keep verbal.

6

African Authors in the East in the Times of Justinian: Their Works and Sources

75%

Adamiak S.

Res Gestae. Czasopismo Historyczne

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2017

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vol. 5

35-45

PL

The paper deals with four sixth century authors who were of African origin, but whose works are our major sources of information for the history of the Christological controversies of the sixth century in the East. The works of Facundus of Hermiane and Liberatus of Carthageare of particular relevance here; both of them spent some time in the East, where they gathered material for their work. The chronicle of Victor of Tunnuna is also very important, as it followsthe text of Theodore Lector exactly for the period when Theodore was an autonomous writer,not depending on Socrates, Sozomenos and Theodoretus. Some attention is also given to Junillus Africanus, who wrote his exegetical treatise in Constantinople.

7

139 nowela Justyniana I

71%

Rominkiewicz J.

Prawo

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2019

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issue 328

11 - 23

EN

The article is devoted to Justinian I’s Novel 139 entitled “Remission of the penalty for unlawful marriages”. The author presents the Greek text of the novel with his own translation and commentary. Issued between 535 and 536, the novel was the ruler’s response to a petition submitted to Florus, the comes sacrarum rerum privatarum, by the inhabitants of the village of Sindys as well as Jews from Tyre. They asked in it to be allowed to stay with their wives and for their children to be regarded as legitimate, and to be spared the sanctions for incest provided for in Justinian’s Novel 12. The emperor granted such one-off pardon provided that each of them paid ten pounds of gold.

DE

Der Artikel ist der 139. Novelle Justinians I. unter dem Titel „Strafbefreiung wegen illegaler Eheschließung“ gewidmet. Der Verfasser präsentiert in ihm den griechischen Text dieser Novelle sowie seine eigene Übersetzung mit Kommentar. Diese zwischen 535 und 536 herausgegebene Novelle ist die Antwort des Herrschers auf eine Bittschrift der Bewohner des Dorfes Syndys und der Juden aus Tyros. Sie baten in ihr, dass sie an der Seite der Gattinnen bleiben durften und ihre Kinder als rechtliche zu anerkennen, sowie dass sie von den Sanktionen wegen Blutschande, vorgesehen in der 12. Novelle Justinians, nicht betroffen werden. Der Kaiser akzeptierte einen einmaligen Gnadenakt unter der Bedingung der Bezahlung von 10 Pfund Gold von jedem von ihnen.

8

The Daylamite Involvement in the Lazic War (541-562)

63%

KHOPERIA N.

Historia i Świat

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2022

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issue 11

165-172

EN

In the Late Antiquity, the Caucasus region had become a battle ground for the Byzantines and the Sasanians. The conflict between the two great empires escalated in the 6th century, when both sides overcame internal conflicts and pursued active foreign policies. The Lazic War (541-562 CE), fought on the territory of modern western Georgia, then the Lazic Kingdom, was one of the most important conflicts of the Late Antiquity and an integral part of the unremitting wars of the Byzantine Emperor Justinian. The conflict witnessed both sides employing combatant populations residing within the borders of their empires. Among them were the Daylamites, a kin-group from the rugged mountains of northern Iran, just south of the Caspian Sea who had long served as mercenaries for various powers. This article discusses the combat culture, tactics, equipment, and role of the Daylamites in the Sasanian military campaigns in the Caucasus in the 6th century CE.

9

‘Industrial espionage’ of Justinian I (527-565)

63%

MAKSYMIUK K.

Historia i Świat

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2021

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vol. 10

445-453

EN

Economic espionage especially with regard to luxury goods has been known since Antiquity. A key event in economic history of late Antiquity is smuggling of the silk worms, described by the Byzantine historian Procopius of Caesarea in his eighth book of the Wars.

10

Tempus et locus otwarcia testamentu w prawie rzymskim

62%

Kursa S.

Themis Polska Nova

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2018

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issue 2(14)

182-195

EN

Like all official activities, also the opening of a will was carried out in the time and place provided by law. They were the resultant of various factors, such as the place and circumstances of the death of the testator, the time of funeral, as well as the accessibility of the will itself, witnesses to its preparation and physical presence of the official for whom the procedure of opening the will had to be carried out. In each case, there were widely available places, because the opening of a will was public. This article considers the regulations regarding the time of legal opening of a will, in particular the precedence of the funeral of the deceased testator. Next explains the factors determining the place of the opening of the will, among others, the territorial competence of state officials in this respect, the availability of the witnesses of the will and the place of its storage.

11

THE ‘SOCIETAS LEONINA’ IN THE WORK OF COMMENTATORS

54%

Palmirski T.

Zeszyty Prawnicze

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2018

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vol. 18

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issue 4

247-258

EN

W prawie rzymskim societas był to kontrakt zawierany pomiędzy przynajmniej dwiema osobami w celu podziału osiąganych przez spółkę zysków i strat, które ona przynosiła. Podział ten następował w pierwszym rzędzie stosownie do postanowień umowy, przy czym zabroniona była spółka, w której jeden wspólnik ponosił tylko straty, nie otrzymując żadnych zysków. Tego typu spółka nazywana była lwią spółką (societas leonina). W niniejszym artykule podjęta została próba odpowiedzi na pytanie o wkład komentatorów w rozwój tej instytucji.

PL

In Roman law a societas was a contract concluded between two or more persons with the purpose of sharing profts and losses. In the first place they were divided according to the provisions of the agreement, but a partnership in which one of the partners was only liable for loss and excluded from sharing in the profit was prohibited. A partnership of this kind was called a societas leonina. This article attempts to answer the question whether the Commentators contributed to the development of this institution.

12

Nieznane źródła „Historii kościelnej" Ewagriusza Scholastyka (HE III 30)

51%

Ginter K.

Vox Patrum

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2000

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vol. 38

521-535

EN

Evagrius Scholasticus, the author of Historia Ecclesiastica, written at the end of the sixth century, is unanimously regarded by scholars as a person - in proportion to his times - of broad horizons and objectivity. He is without any doubt an unusual writer. A good example of his originality is his description of the rule emperor Anastasius. Evagrius describes him very warmly, although the emperor was regarded as a partisan of the monophysites. Yet Evagrius, without any doubt a Chalcedonian writer, places Anastasius in heaven after his death; Justinian, on the other hand, is placed in hell.

13

‘Legal representation’ of monastic communities in late antique papyri

51%

Wojtczak M.

The Journal of Juristic Papyrology

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2019

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issue 49

347-399

EN

While focusing on the issues such as spirituality, faith, prayer, and discipline, the late antique literary discourse pays little attention to the engagement of monks in the mundane realities of daily life. The symbolic significance of the total withdrawal from the earthly matters have paved its way into common imagination of the monastic existence. One must, however, remain cautious while attempting to translate monastic writings into the reality of day-to-day life of a monk in Egypt. As shown by numerous papyri, social and economic relations between monks and the surrounding world were not sporadic, but an inevitable element of the monastic movement. The picture of Egyptian monasticism depicts a web of contacts with the ‘outside world’ and an entanglement of religious landscape in the local economy. In this article, I discuss only one aspect of the much broader issue, that is the existence of ‘legal capacity’ of monastic communities in late antique Egypt. I address the problem of ‘legal representation’ of monasteries as outlined in the sources of legal practice. For a lawyer, these observations are all the more stimulating as there has been an ongoing debate whether ‘legal persons’ as such existed at all in Roman law, and whether we could talk about anything approaching our current understanding of ‘legal personality’.

14

How to Become a Monastic Superior? Legal and Mundane Sine Qua Nons

51%

Wojtczak M.

The Journal of Juristic Papyrology

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2021

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issue 51

119-167

EN

The literary portrayal of the charismatic founders of monastic communities, and of their successors, abounds in descriptions of ascetic practices and devotion. However, the hegumenoi also needed to be individuals of the right standing and competence, as it was only such people who could properly represent the communities in relations with both lay and ecclesiastical authorities, secure the obedience of all the brethren, as well as efficiently manage the community and its assets. The nature and the exact procedure of superior’s appointment became increasingly relevant and began to interest both the church and the secular authorities once the monastic movement reached such a magnitude that it could no longer be left without proper institutional surveillance. In parallel, there was a growing awareness among monks themselves of the need to standardise the existing practices and experience. In this article I focus on the legal conditions delimiting the transfer of headship over monastic communities and their reflection in mundane reality. My aim is to see how documents of legal practice relate to the imperial legislation dealing with the appointment of the people in charge of the monasteries. The analysis of the superior selection process will allow for commenting on both the legal framework within which the monastic communities functioned, and the much broader issue of imperial policy towards the emerging holy houses. It should also enable some conclusions on the legal status of monastic communities and how it may have influenced the realities of appointing their administrative and spiritual heads.

15

NAJSTARSZE ANGIELSKIE TŁUMACZENIE ‘INSTITUTIONES’ JUSTYNIANA

51%

Korporowicz Ł. J.

Zeszyty Prawnicze

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2018

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vol. 18

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issue 4

5-33

EN

The scholarship on Roman law in English has accumulated a great number of the translations of the legal sources, including the Justinianic sources. Justinian’s Institutions were translated nine times in the 19th and 20th centuries alone. Te earliest English translation of this opus was published in 1756. Te translator was George Harris, an English civil lawyer, ecclesiastical judge and chancellor of several Church of England dioceses. Harris’ translation, which went through several editions and re-issues, also contained the translator’s invaluable commentaries and notes on the similarities and diﬀerences between English and Roman law. Te modern reader may be surprised by the abundant bibliography Harris cites. Harris’s translation received good English and Continental reviews.

PL

Romanistyka angielskojęzyczna doczekała się licznych przekładów źródeł prawa, w tym wielu tłumaczeń źródeł justyniańskich. Instytucje Justyniana w samym XIX i XX w. doczekały się dziewięciu przekładów. Najstarsze angielskie tłumaczenie tego dzieła opublikowane zostało jednak już w roku 1756. Jego autorem był angielski cywilista, sędzia kościelny oraz kanclerz wielu anglikańskich diecezji George Harris. Przekład, który był wielokrotnie wznawiany, obejmował bardzo wartościowe komentarze i uwagi tłumacza dotyczące podobieństw i różnic prawa angielskiego i rzymskiego. Współczesnego czytelnika zaskakuje również bogactwo wykorzystanej przez G. Harrisa literatury przedmiotu. Warto odnotować także, że tłumaczenie G. Harrisa spotkało się z przychylnymi reakcjami recenzentów pracy zarówno w Anglii, jak i na kontynencie.

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Rękopis Digestum vetus ze zbiorów Biblioteki Kórnickiej PAN

An aspect of local lamp production in the western Pontic region: the case of lamps of types Hayes/Saraçhane 9 and 10

Roman Campaigns and Negotiations in the East, 542–545

Codex: Un nombre antiguo

Olim tradita fuerunt? On the obsoleteness of the sollemnia verba in Inst. 3.15pr.

African Authors in the East in the Times of Justinian: Their Works and Sources

139 nowela Justyniana I

The Daylamite Involvement in the Lazic War (541-562)

‘Industrial espionage’ of Justinian I (527-565)

Tempus et locus otwarcia testamentu w prawie rzymskim

THE ‘SOCIETAS LEONINA’ IN THE WORK OF COMMENTATORS

Nieznane źródła „Historii kościelnej" Ewagriusza Scholastyka (HE III 30)

‘Legal representation’ of monastic communities in late antique papyri

How to Become a Monastic Superior? Legal and Mundane Sine Qua Nons

NAJSTARSZE ANGIELSKIE TŁUMACZENIE ‘INSTITUTIONES’ JUSTYNIANA