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finish with h abbreviation for 'lex' or 'lex' (law) / in §. If anyone
also of another example of that law
in the Digest original: "ff." to the lex Rhodia on the
jettison, in the law "the ship" § if
when also i.e., in the Digest to the Rhodian law on
jettison in the law "the ship" i. § when also.
¶ Another in the Digest h quadru. pau. fe. di.
l. 1 §. When rams, etc., in the Digest in the
rubric: If a quadruped is said to have caused damage, law 1 in
§. When rams ¶ Item in the Digest on violence
and violent armed [actions] l. 1 §. violence, violence, i.e., in the Digest under
the title "On violence and armed violence" / in law
first/ etc. and thus of others ¶
First book of laws in the Code on the division of this h
A red ink manicule (a hand with a long sleeve) points from the left margin toward the paragraph beginning "Secundus principalis".
¶ The second principal book of civil law is called
the Code, which contains
statutes, sanctions, and various
precepts of the emperors. Although,
speaking commonly, any book having
within itself various partial books is called a Code. There were
even before the time of the Emperor Justinian
three codes, namely the Gregorian Code, the Hermogenian,
and the Theodosian. Therefore, the divine
Justinian, wishing to apply a remedy to this, directed his mind to the imperial constitutions,
and from these three straying meaning "extra-codical" or "supplementary" codes he caused one code to be made,
which he entitled with his happy name
the Justinian Code, as appears in the
rubric of the prologue of this book. And it is written
with a capital C, which is the first
letter of this name, Code. ¶
On the division of the Code
It is divided, moreover, into 12
partial books, of which the last three were composed long
after the first nine.
¶ And the last three are rarely read by doc
tors. ¶ In the first place, however, in these
parts of the Code, one alleges in its manner,
as one does in the Digest, first by placing the name
of the book "Code," then the title,
afterward the law with its beginning or num
ber. Take an example thus alleging: Code "On prescription of 30 or 40 years," law
"If anyone," § "penultimate," i.e., in the book Code
under the title "On prescription of 30 or 40
years," in the law "If anyone," in § "penultimate." ¶ Other examples: Code "On the most holy church," [law] "Sanctimuss" likely "Sanctimus" or similar in the end; Code "On transactions," law "as it was answered";
Code "On the renovation of old law," law 3, § "If anything
in such a great matter"; which are all to be
declared outside the rubrics. ¶
A small red manicule in the right margin points to the following paragraph.
¶ In the last three, however, this makes a dif
ference, that at the end of the allegation, as
promised, the number of the book is added,
as in alleging: Code "On the use of arms," §
beginning, law 1, book 10; Code "On majora
[matters] and on minor" likely "majoribus et minoribus", law 3, book 11;
Code "On the decorated," law 2, as above mentioned, book
12. Similarly of others. And it is more
necessary to establish certain titles
more fully because in these
three books the titles are very rare and unused,
because they are not frequented in the schools
in reading as are the other books of the
Code. And some wish to say that when in the
Code one alleges, it is not necessary to add "law" [and]
to do it thus: "Code On judgments, law I pray." But simply it
ought to be said: "On judgments, I pray," with
out adding "law," unless it were law
1, 2, 3, or the penultimate or antepenultimate.
Then indeed it would be necessary to add "law."