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Legislators take care so that in the authorized [works]. As at the end of the proemium preface of the Digest; and on debts; and credits §: because they wish, collation 6; and Digest, on extraordinary cognizance, law 1, etc.
Gaius reads: For even formerly from the beginning they read imperial constitutions, namely ancient institutions, as in the proemium preface of the Digest §: disciples.
Beginning: That is, only in the first year, you will profit as much as you used to profit in four. And not that the emperor is a flatterer to us.
Vice: That is, this book.
End: The Codex Code of Law; for in the first year institutions are to be read, in the fifth the code is to be read, as in the proemium of the Digest §: for responses, where it says "to whom if well."
Principally: That is, in the principles. Note that a science has a head and an end, as in other arts, but here it is not made, although it was most base, as in the proemium of the Digest §: but because.
Therefore: Thus it is continued according to Jo[hannes]; because we proved the authority of the sciences of the aforementioned men, and they could not be expedited more conveniently by others. Therefore he orders them to be divided, so that because it seeks splendor from imperial majesty, he orders it to be divided so that it can be better understood, Digest, §: here, § law ii, §: whosoever.
Fifty: Which are contained in the Old Digest, the Infortiatum middle volume of the Digest, and three parts and the New Digest. Therefore it is said: "section," because all things there are directed to be cut and solved. Accur[sius].
Or of the Pandects Digest: from pan which is "all" and dechten which is "doctrine," because there is the doctrine of all legal consultants, as in Code, §: very full, law ii, and §: with all things in the Digest, and as follows.
Two: Namely fifty books of the Digest.
And the others: Namely fifteen, or by the permission of Justinian elected, as Code, on the enumeration of law, law i, and §: and law ii, §: which all.
The same institutions: That is, the same institutes; whence gather this book taken from the volume of the Digest. Therefore it is said institutions; what he ordered to be made, now he orders to be parted, for parting facilitates the reader, prepares the mind of the understander, and artfully informs the memory, as in ...
First elements: Because here from four elements, except for deceit, law i, all bodies are formed, as earth and water and fire and air; that is, from the powers of these four elements the whole world is governed. Thus this book contains all laws. And not that earth is cold and dry, water cold and moist, fire hot and dry, air hot and moist; for the first has melancholy, seat ... fire ...
In which constitutions: Accursius. Blood corresponds to air.
Obtained: That is, was in use and was not in disuse by periphrasis circumlocution.
By disuse: A law is not taken away by disuse, and again the same disuse is not presumed, law: taken away, here, Digest, §: septem seven, vi, law iii, §: divided, and in Authenticum collection of Justinian’s later constitutions, §: hence, and falcidia portion of an estate, § i, affictio affliction, §: because, and this subject is under imperial [authority]. That is an excellent example, Code, on law, the matter is not new.
Two: Namely, institutions; and take: we read and we recognize, namely to be composed from all. Accursius. Florentine.
The page describes the structure of legal education under Justinian, referencing the shift from ancient texts to the systematized works of the Digest and the Codex.
obtains arguments. And that which in imperial times was scarcely possible to obtain in fifteen years, that you then read imperial constitutions, namely ancient institutions, this you begin from the very beginning, worthy of such great honor and having obtained such happiness that the beginning and end of your legal education proceeds from the voice of the prince himself. Therefore, after the fifty books of the Digest or Pandects, in which all ancient law is collected, which through the same excellent man Tribonian and also other illustrious and most eloquent men we have completed, we ordered the same institutions to be divided into these four books, so that they may be the first elements of the entire legal science, in which it is briefly explained what formerly obtained, and what afterwards by disuse ...
h I speak of the author of our commentator on the books of these institutions; the ancients.
i "With three": It is an interpolation.
Daily: This book was called this because it contained what was to be done daily by magistrates, how they should judge.
With highest effort: As much as concerns the body. Whence Pamphilus, alias Horace: "Persistent labor conquers all."
And eagerly: For he places a name upon your work, as Code, to the law Cornelia law regarding forgery/murder, § final, law i, Digest, §: theft.
Laws: Namely of ours.
Show: That is, so profit in this book or be so informed in morals. For morals do more for men than riches, as Digest, §: you, and with, from these to know, Digest, on verbal obligations, if anyone ... in the end.
So that hope: And although hope is for us, that our republic can be governed.
And for you: That is, by you, to be read and from other books, or if you have it to be believed; that is, to be committed to you. It is read as a dative, and although I say "read," the work is perfect when you have read for five years. For then the work is confused, as in the proemium of the Digest, §: which, because it is solved. And what is said in its parts is because there are many parts of it, as the prefecture and others, as is evident from the law, Digest, on the office of the judge.
Perfected: That is, having read other books.
Our: Alias "your."
Republic to be believed according to the first exposition; or if you have...
To be believed: That is, because you have it to be believed. Say as in the gloss.
On justice and law: Justinian, about to treat of the laws of the Roman people, promises [to speak] on justice and law, which is the mother of law; and therefore he begins from her. Thus also the obligation is the measure of an action, as Digest, §: procurator, law 3, ... obligation, and therefore it is promised in the treatise as institutions, §: obligations in principle, and §: actions in principle. And law: which follows justice as a minister or son. Therefore it is placed about this in the res iudicata adjudicated matter when nothing is between, by defining, although by dividing; thus some answer. Therefore it is not placed in the res iudicata §: on law, lest it burden rude minds, according to [Accursius/Py], that it is nothing. Say, although it often happens that something is placed in the res iudicata which is not placed in the res iudicata, as Code, on religious things; for nothing is between, there, §: on the game of dice. Or say that it is true so that it may be defined, as we shall say below, on this title, §: on the precepts of law in the gloss.
... was illuminated by imperial remedy. These, composed from all the institutions of the ancients, and especially from the commentaries of our Gaius, both of his institutions and of the daily things, and from many other commentaries, when the three aforementioned learned men offered them to us, we read and recognized and accorded to them the fullest strength of our constitutions. Therefore, with the highest effort and eager study, receive these our laws and show yourselves so learned that the most beautiful hope may foster you, that in the whole of this work completed, you may be able to govern our republic in its parts entrusted to you.
Justice is the constant and perpetual will to render to each his own right.
Justice: That is, the definition of justice can be understood. The text provides an interlinear analysis of the definition of Justice as a constant and perpetual will. ...