[Iustiniani Institutiones]

a The law of nations is changed by them in name, such as water, which is base.
b From Quirinus, who was their king; from his own, which is more base in war or...
c The city makes [it] simply; it was held to be civil law.
d They make no one; the excellence of the Romans, this is the general [rule].
e The civil law of the Romans, made first so that it becomes general.
f Virgil: the same in the apostle. For Paul is understood in divine scripture.
g But the law of all: proper, and it is found regarding the law of nations so that it adds something.
h Human: namely, were human affairs never displeasing? Answer: No. Expound "general," that is, for all men.
i For use: from the beginning, men were few and they needed some common use. And when there were many, then they more naturally had customs and statutes, for instance, that no one should ever enter another's property.
k Wars: namely, how does war arise from the law of nations since those laws prohibit it? Answer: It speaks of that which was dictated by the Roman people to enemies.
l From the beginning: never today. Many say thus, against the law, for human [nature] is...
m Almost: "almost" signifies a part, not all.
n Innuemable: that is, not easily numbered.
o Our law stands: namely, Roman civil law, both written and unwritten.
p From writing: of this he speaks up to the section on "unwritten" law.
q So that they may profit.

...are called. Or the law of the Quirites, which the Quirites use. For the Romans are called Romans from Romulus, and Quirites from Quirinus.

But as often as we do not add the name of which city it is, we signify our own law, just as when we say "the poet," and do not add his name, we understand the illustrious Homer among the Greeks, and among us, Virgil.

The law of nations, however, is common to the entire human race. For as use demanded and human necessities [arose], the human nations established certain laws for themselves. For wars have arisen, and captivities have followed, and slaveries, which are contrary to natural law. For by natural law, all men were born free from the beginning. And from this law of nations, almost all contracts have been introduced, such as buying and selling, letting and hiring, partnership, deposit, loan, and others without number.

It is established that the law which we use is either from writing or

r Among the Greeks: for the Greeks also used written and unwritten law.
s A law is: that is, a definition that agrees in meaning with that which is [found] in the Digest. A law is an act of the senate commanding honest things, prohibiting the contrary.
t Just as: he places this as an example. For by a common convocation of the Roman people, a magistrate, namely the consul, asked the people if it so pleased them.
u Constituted: for the consul, in place of the senators, asked the people, and thus the senators themselves seem to ask.
x Plebiscite: he places this as an example, as in the section on...
y The plebs from the genus: is a genus of the genus which can be said of many.

from unwritten law, as is the custom among the Greeks. Written law, however, is statute, plebiscite, senatusconsultum, the decrees of princes, and the edicts of magistrates, [and] the responses of the learned.

A law is that which the Roman people constituted, with a senatorial magistrate asking, such as a consul. A plebiscite is that which the plebs constituted, with a plebeian magistrate asking, such as a tribune. The plebs differs from the people in the way that a species differs from a genus. For by the term "people," all citizens are signified, including both patricians and senators.

By the term "plebs," all other citizens are signified, without the patricians and senators. But plebiscites also began to have no less value than laws, once a law was passed.

A senatusconsultum is that which the senate commands and constitutes. For when the Roman people became so numerous that it was difficult to assemble them into one place...

a That: not only are plebeians meant by the term "people," but also...
b Patricians: who were as if they were the fathers of the leader.
c But also plebiscites: because the authority of the patricians and senators [was included].
d The law: composed between the nobles and the plebeians. And among them it was thus established that a plebiscite should be valid.
e Senate: constitutes. For it could make law as here.