[Iustiniani Institutiones]

On Natural Law, the Law of Nations, and Civil Law.

Law is what nature has taught all animals. For this law is not only proper to the human race, but to all animals which are born in the sky, which are on the earth, which are in the sea. Hence descends the union of male and female, which we call marriage. Hence the procreation and education of children. We see indeed that other animals are considered to be experienced in this law. Civil law or that of nations is divided thus. All peoples who are governed by laws or customs use partly their own proper law, partly the common law of all men. For that which each people establishes as law for itself, that is its own proper civil law.

a Naturallibus Natural. That is, the precepts of the law of nations.
b Aut gentium Or of nations. That is, the precepts of the law of nations.
c Aut ciuilibus Or civil. Precepts. Accursius of Florence.
d De iure naturali On natural law. It is said, namely, that private law is collected from natural precepts, those of nations, and civil ones, for he speaks of them, and first of natural law.
e Ivs Law. In the paragraph "is what is natural," that is, God, and it can be read in both the nominative and ablative case, thus, as in title 1. And note that "natural law" is posited in four ways: sometimes for the law of nations, as below, paragraph "concerning," dist., paragraph "of individuals"; sometimes for the law of pacts, and here; for praetorian law, as in Digest, on pacts, law 1, paragraph 3; sometimes for a pact, namely by gift or by something else that makes pacts, as in the case of minors, as in Digest, on minors, law 1; sometimes by instinct of nature, as here and in Digest, on the same, law 1, paragraph "law also natural." According to the canons, natural law is that which is contained in the Mosaic law or in the Gospel, as in the beginning of the Decrees, and this which is here is in the nominative case. Sometimes the word "nature" is in the ablative case and conversely it is in the accusative; sometimes "nature" is neutral, and then it is said "nature," that is, God.
f Ivs Law. That is, I indicate all animals, for this law is not only of men.
h sed but of all animals.
k Humani Human. That is, of men.
i sed but those in trees and air are born.
b In celo sky. That is, in the air, as birds which are born in trees, as below, on the division of things, paragraph "in the air."
l in tra in earth. As almost beasts which are born in lairs, that is, chambers, and also some birds. I say even if in any other animal.
k que in mari which in the sea. As fish, the same which are born. Accursius.
l Hinc Hence. That is, from this natural law, namely God, who first joined Adam and Eve.
m er and in the paradise of delights placed them.
m Maris Of the male. That is, of the masculine.
n Coiugatio Union. That is, of souls, not of bodies, as in Digest, on the meaning of words, nuptials by here but.
o Appellam9 We call marriage. That is, the effect of marriage, and thus not the matrimony which pertains to orgies is of natural law, namely God, as here, 5, paragraph "of the law of nations," and it can be said that it is received from Him; concerning civil law, it can be said that he joined custom to it, and solemnity, as below, on nuptials throughout; it is said from what nuptials one must abstain, as in Digest, on the rite of nuptials throughout, whence it is said of civil law, as in Digest, paragraph "justice and law," that is, civil law. Where the procreator.
p Hinc liboy Hence of children. For God works toward children and natural mercy.
q Et educatio And education. For by that law, namely natural, a father is moved to the education of his own children rather than strangers, as in Digest, whence children are written.
r Cetera Others. That is, even others besides men, at the end.
s Iuris Of law. That is, natural, of which we speak, and by it a bird flies, a fish swims, a hen warms eggs, they move by this natural law.
t Ius aut: Law however: is divided. One is known from another thus.
u Et morib9 And customs. For some things are governed only by customs which, and some things are governed only by laws and not customs. S. As wild men. P. In all, among all, written law has been thus.
u Co Common. That is, in that law which is used of lands, which are called municipal laws, as in the Code, on emancipation, law 1, that is, and thus.
A Ad To. To the arts of natural law and the law of nations, and thus B is accepted. Secondly, civil law is called law, as in Digest, on justice and law, law "civil law."

p Naturallibus Natural. That is, the precepts of the law of nations.
q Aut gentium Or of nations. That is, the precepts of the law of nations.
r Aut ciuilibus Or civil. Precepts. Accursius of Florence.
s De iure naturali On natural law. It is said, namely, that private law is collected from natural precepts, those of nations, and civil ones, for he speaks of them, and first of natural law.

vsuč Usucaption. That is, usucaption, Digest, on usucaption, private, Digest, on usucaption, as below, on usucaption, Code, on emancipation, law 1.

are civil precepts, as precepts on usucaption, on private utility, usucaption, as below, on usucaption, in the beginning, there "that lordships," and thus it is public and the same by examples. And posit the same examples, as see from natural law so that one is not enriched with the loss of another, the republic; from the law of nations, as the republic calling for military service; the same from civil law, as the republic may usucapt just as a private person. Which examples will be posited below immediately in private law.