1921 AV RANCHES MANUSCRIPT OF VACARIUS 551 as at present bound, but, if we turn back to the misplaced fos. 110-13, we find ourselves with the words ' ob instituendas lites pecuniam acce- perint ' at the end of Dig. 48, 10, 9, 4. The marginal gloss at this point extracts Cod. 9, 25, 1, and we are in fact at W, 9, 18 (Wenck, p. 309). Fos. 1 10- 13 are continuous; fo. 113b expl. '. . . nam domestica furta . . .' (Dig. $£>, 19, 11, 1 ; W, 9, 31, the penultimate title of W). We have thus, according to W, a gap between fo. 172 and fo. 110 of 4 titles and 2 fractions, and after fo. 113 a deficiency of 1 title and a fraction. The number of folios missing from book 9 could only be estimated from P and B. A fos. 163-72 are a complete sheaf of 10, and fos. 110-13 a complete sheaf of 4 ; there are no signs of tearing between fos. 113 and 114, but after fo. 172 it seems pretty clear that a number of folios have been torn out. Summary. There are thus 179 not 172 folios, fos. 110-13 are out of place, and fos. 115-38 have to be rearranged. We then get the following lacunae : 1. At the beginning at least 4 folios containing the prologue, probably 4 more if we think an index probable here, a matter on which there can be no certainty. 2. Between fos. 57 and 58 probably 39 folios, covering V, W, 3, 49-55 ; 4, 1-38. 3. Between fos. 116 and 119 (rearranged) almost certainly 8 folios, covering V, W, 7, 11-19. 4. Between fos. 127 and 128 2 folios, covering V, W, 8, 12-14. 5. Between fos. 172 and 110 (rearranged) the matter of W, 9, 13-19. 6. After fo. 113 the matter of W, 9, 31-2, not to mention possible appendices such as the title De Verborum Significationibus (P, B) and De Regulis Iuris. 1 I must mention here two points which arise from a comparison of the rubrics of A with those of V, W, P. The first is the position of the title De Seruo Corrupto, which in V, W follows De Incendio, Ruina, &c. ( = V, W, 8, 59-60), whereas in P, A it is 10-11 titles later, last in book 8. 2 How- ever this difference arose, whether by a scribe's error or a deliberate rearrangement (the natural place for the title, one would think, would be after De Furtis: cf. Cod. 6, 2 De Furtis et de Seruo Corrupto), and whichever is the true Vacarian tradition, it establishes a clear link between P and A. The second point is the position of the title De Furtis in the same book, which in A, W follows De Priuatis Delictis (W, 8, 54-5) with De Iniuriis later ( = W, 8, 61), whereas V's order is De Priuatis Delictis, De Iniuriis, De Furtis ( = V, 8, 54-6). It is clear that A cannot be descended from V, but it is not clear which is the true Vacarian order, A's, W's, which is that of the Digest, or V's, which by putting first the most fundamental delict, iniuria, furnishes an interesting anticipation of many modern text-books. 3 (c) The organization of A's page. In giving the following description of an ordinary page of A, I could 1 Ant. Augustinus's codex. See p. 548, n. 2, above. 2 I obtain my information as to P from Stolzel, Zeiischrift fur Eechtsgesch. vi. (1867) 250, where, for ' book 6', ' book 8 ' should be read. He says that the title is nowhere in B. 3 Girard, Manuel ; Cuq, Manuel ; Costa, Diritto Private Romano.
