Category: Information access

Digest of Roman Law online in English; and Hadrian on castrating your slaves

Posted on by Roger Pearse

I’d like to highlight that an out-of-copyright translation of the Pandects, otherwise known as the Digest of Roman Law by Justinian, is actually online here as part of the Corpus Juris Civilis, under the  misleading title of “The Civil Law”.  Few people seem to know about this.

I thought that I would look at the comments on the Lex Cornelia, in 48.8, which I was discussing earlier in connection with legislation against magic.  The law is mainly concerned with assassination and poisonings, and so are the comments.  But there were clearly further provisions:

4. Ulpianus, On the Duties of Proconsul, Book VII. …

(2) The Divine Hadrian also stated the following in a Rescript: “It is forbidden by the Imperial Constitutions that eunuchs should be made, and they provide that persons who are convicted of this crime are liable to the penalty of the Cornelian Law, and that their property shall with good reason be confiscated by the Treasury.

“But with reference to slaves who have made eunuchs, they should be punished capitally, and those who are liable to this public crime and do not appear, shall, even when absent, be sentenced under the Cornelian Law. It is clear that if persons who have suffered this injury demand justice, the Governor of the province should hear those who have lost their virility; for no one has a right to castrate a freeman or a slave, either against his consent or with it, and no one can voluntarily offer himself to be castrated. If anyone should violate my Edict, the physician who performed the operation shall be punished with death, as well as anyone who willingly offered himself for emasculation.”

All this is interesting, considering that the priests of the state cult of Magna Mater (Cybele) were eunuchs!

A further interesting provision appears further down:

11. Modestinus, Rules, Book VI.

By a Rescript of the Divine Pius, Jews are permitted to circumcise only their own children, and anyone who performs this operation upon persons of a different religion will incur the penalty for castration.

This rescript of Antoninus Pius is second century, so cannot relate to Paul and Christianity; but if a similar attitude was around, it may explain why circumcision was not favoured by gentile converts.

Finally we get to something related to magic:

By a decree of the Senate it is ordered that anyone who offers sacrifices for the purpose of causing misfortune shall be subjected to the penalty of this law.

But the whole discussion relates to murder, rather than magic; clearly the latter was a minority concern.

Searching further for comments by Ulpian, I find this: 2. Ulpianus, On the Duties of Proconsul, Book VII.  This is in 48.22, concerning associations, but again may relate to Christians.

Anyone who becomes a member of an unlawful association is liable to the same penalty to which those are subject who have been convicted of having seized public places or temples by means of armed men.

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The anathemas against Origen at the 2nd Council of Constantinople

Posted on by Roger Pearse

I’m going through my filing cabinet, turning photocopies into PDF’s and throwing away the paper.  While doing so, I’m coming across all sorts of things that I haven’t seen for years.  One of these is some pages of Norman Tanner’s edition of the Decrees of the ecumenical councils (1990).  This is the sort of thing that I dearly wish was online.  But a note in the preface caught my eye:

Our purpose in editing the texts has been to present all the decrees of the councils and only the decrees. For this reason some very important texts have had to be omitted, for example the anathemas against Origen formerly attributed (erroneously) to Constantinople II, or the charges on which pope Honorius was condemned (as these relate to the acts, not the decrees, of Constantinople III), or the profession of faith of pope Hormisdas which was a condition of admittance required of the council fathers at Constantinople IV, but does not appear to have been formally approved by the council.

Now I was under the impression, rightly or wrongly, that the Council of Constantinople held by Justinian had condemned Origenism, and perhaps anathematised Origen himself, depending on some text-critical questions.  To pronounce a man anathema 300 years after he died in the peace of the church, and died moreover from the effects of torture in confessing Christ, would be morally wrong of course.

Unfortunately I don’t have the relevant pages of Tanner, and I don’t know the facts.  Would someone better informed on this council than myself care to comment?

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Housekeeping journal articles; from my diary 2

Posted on by Roger Pearse

It’s hot and humid here; so much so, that I can’t think straight.  So I’ve been looking at the piles of photocopied articles and running them through my scanner and throwing away the photocopy.  That’s a mindless activity I can do.

Not sure I’m quite there yet, tho.  The PDF’s are OK, but they aren’t OCR’d.  The scanner software has OCR, but it’s not good enough.  Nor is the built-in OCR in Acrobat.  The best still seems to be Finereader 9; but the PDF’s don’t go through FR9 unchanged.  The images can look strange.

Not sure what to do about that.  But I am gradually freeing up storage space.

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Ve hav vays of making you NOT talk

Posted on by Roger Pearse

The German government presses ahead with internet censorship.   The pretext originally was to stop child pornography; now the controls are in place, the mask is dropped and large-scale censorship is envisaged.  This report from SlashDot.org:

“It’s only been a few weeks since the law dubbed Zugangserschwerungsgesetz (access impediment law) was passed in the German Parliament despite over 140,000 signatures of people opposed to it. The law will go into effect in mid-October 2009. Now Minister for Family Affairs Ursula von der Leyen implied in an interview that she is planning on extending the reach of the law, claiming ‘…or else the great Internet is in danger of turning into a lawless range of chaos, where you’re allowed to bully, insult, and deceive limitlessly.’ More on golem.de via Google translate (here is the German original).”

The best person to decide on what people must say is the German government? Dr Goebbels is proud of you, Frau von der Leyen.  Petty officials up and down Germany must be salivating at the chance to fine and imprison other Germans for being rude, or saying things which the state considers “untrue”. 

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Jerome, Letter to Hedibia, complete online

Posted on by Roger Pearse

James Snapp Jr. has kindly run the old French translation of Jerome’s Letter to Hedibia (ep. 130) through Google translate, smartened it up a bit, and made it freely available in the public domain.  It’s here.  Many thanks, James!

As machine translators improve, there will be real public benefit in efforts like this.  Yes, we should translate from the original.  But the fact is that vast amounts of stuff exists in French which few anglophones can read, and which won’t get a translation directly.  Particularly for amateurs and enthusiasts, making a translation and placing it online really increases public interest in texts.

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Flushed with success – how to acquire a knowledge of the Latin poets

Posted on by Roger Pearse

I knew a gentleman who was so good a manager of his time that he would not even lose that small portion of it which the calls of nature obliged him to pass in the necessary-house; but gradually went through all the Latin poets in those moments. He bought, for example, a common edition of Horace, of which he tore off gradually a couple of pages, carried them with him to that necessary place, read them first, and then sent them down as a sacrifice to Cloacina: this was so much time fairly gained, and I recommend you to follow his example. . . . Books of science and of a grave sort must be read with continuity; but there are very many, and even very useful ones, which may be read with advantage by snatches and unconnectedly: such are all the good Latin poets, except Virgil in his Aeneid, and such are most of the modern poets, in which you will find many pieces worth reading that will not take up above seven or eight minutes. — Lord Chesterfield

— The Letters of the Earl of Chesterfield to his son, ed. Charles Strachey and Annette Calthorp (1901), vol. 1, p. 192.

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Cambridge University Library manuscripts department are idiots

Posted on by Roger Pearse

Apparently Cambridge University Library has appointed someone new to be in charge of the manuscripts room.  That man is a jerk.  He wants to make his mark, so has “increased security.”  Yes, I know; we all wince when librarians do this.

This I found out today when I tried to look at the catalogue of manuscripts in the Biblioteca Nazionale in Naples.  As a manuscripts-related book, access to it is through the manuscripts room, to which I have access (which required a special letter of introduction).

I arrive at the door of the reading room, with my special clear plastic bag containing my wallet, notebook, assorted pencils, etc.  First I have to sign my name and card number in a paper register.  Then I am denied access.  I am handed a key and told to leave my bag in a locker outside, and hold in my hands whatever I need.  I do so. 

Then I come back; and they still won’t let me in.  I have to give them the key to the locker; and they give me a tag for it.  Then they let me in.

Then I go to where the book should be.  It isn’t there.  Indeed there is no sign of a whole range of books in that shelfmark.  I go to the desk; they don’t know where it is either.  After messing me about for 10 minutes I just want to leave this creepy, horrible place.

And then, of course, I have to go through the rigamarole again in order to leave.  Remember, not a single person in that room has got there without already passing a vetting, before they were even given a library card.

Possibly I could have ordered the book at the desk, gone away, and come back again, going through this “security” nonsense FOUR TIMES.  Frankly I couldn’t face it, and went without.

Finally… CUL has no mechanism for complaints.  Very angry and frustrated.  They have the book.  I want to look at it.  I’m authorised to look at it.  And I can’t.

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