[Iustiniani Institutiones]

convocare to call together for the purpose of enacting law, it seemed fair to the Senate to take the place of the people in consulting. aBut that which pleased the prince has the kforce of law, since by the llex regia the royal law which was passed regarding his authority, the mpeople conceded to him and in him all their nauthority and power. Therefore, whatever the emperor determines by oletter, or decides upon pcognizance, or commands by qedict, it is established that it is rlaw.

sThese are what are called constitutions. Clearly, some of these are tpersonal, which do not extend to a precedent, because the prince does not wish for them to. For that which he has granted to someone uon account of vmerit, or if he has vinflicted a penalty upon someone, or if he has 3assisted someone awithout a precedent, he does not go beyond the person. Other laws, however, since they are general, undoubtedly bind everyone. Praetorian edicts also possess no small authority in law.

This is what we are accustomed to call the ius honorarium honorary law, for those who hold bhonors, that is, gmagistrates, have given authority to this law. The icurule aediles used to propose an edict regarding certain causes, which edict is a portion of khonorary law. lThe Responsa prudentum answers of the wise/legal experts are the sentences and mopinions of those to whom it was permitted to establish law. For it was established of old that there should be those who would npublicly interpret the laws, to whom the power of responding was given by oCaesar Augustus; they were called legal experts original: "iurisconsulti" because their sentences and opinions held such authority that it was not permitted for a pjudge to depart from their answer, as it is qconstituted.

rLaw from the non-written comes to be that which usage has approved, for slong-standing customs, approved by the consensus of those using them.