[Iustiniani Institutiones] (1478) - Page 12

Jus quiritum Law of the Quirites. Through them, that is, he changes the names.
From whom. Because he was their king, from whom.
Of the city. That is, simply, civil law.
Roman. That is, of the Romans, by way of excellence.
Our law. That is, that which is proper or general, it was made so that it might be general.
Virgil. The same is true in the Apostle, for Paul is understood in divine scripture where it says "the wise man," meaning Solomon.
Law, also, but he repeats it concerning the law of nations, so that he may add something.
Human. That is, never because of the human race. "Our things" is not to be exposed as "for all men."
For by usage from the beginning, when it was sparse, men were in need, then some things were divided. And when there were more, they had their own customs and statutes more, such as that no one should enter the vineyard or garden of another. And it follows and is proven. Digest, Title "Si servum corrumpere dicatur", and law, title "and by that law."
Wars. That is, from where war descends, since it is prohibited by law, as Digest, "Quod vi aut metu", law 1, and Digest, "Quod vi usum". Speaking of that which was mandated by the Roman people against enemies, as Digest, "De captivis et postliminio" , law 1. "Holding," that is, in much war, that is, to punish violence, which is permitted, as Digest, "De iustitia et iure", law "ut vim," and Digest, "De vi et vi armata", law 1, section "vi visum," but with moderation, as Codex, "Unde vi", law 1, and Digest, "De iustitia et iure", law "iure." Accursius.
From the beginning. This is never the case today, unless the Jews say so. We say otherwise. For a slave is born, as below, Title "De iure personarum", section "fui," and Digest, "De statu hominum", law "interdum."
Penalties. He says "penalties" because of immunity and deeds, as Title "De actionibus", section "de constituta." Also, for the sake of, as Digest, "De legatis". Also, for the emphyteutic contract, as Digest, "Locati".
Between sponsors, as below Title "De donationibus ante nuptias", as in the Authenticum collection of imperial constitutions, title "ut sponsalibus," section 1. For it is not the case that it makes all contracts to be of the law of nations, nor all obligations, for those which arise from a wrong or quasi-wrong are not of the law of nations, but either from the Law of the Twelve Tables or another law.
Immutable. That is, not easily changeable, as below, Title "De rebus".
Our law consists. That is, Roman civil law, about which Title "De contrahenda emptione", section 1, "ius." He calls "civil law" broadly whatever we have written concerning general law, as we said above in section 1, note "ut." For instance, statutes, as there, "quanto." Also, whatever we have from customs, he grasps here, namely, the general ones, as is clear from the lower parts.

Concerning "by writing," he speaks of this up to the section "ex non scripto." Concerning "non-written," he speaks there up to the section "sed naturalia." As, just as. Among the Greeks. For the Greeks also used written law. And

we call it, or the Jus quiritum Law of the Quirites, which the Quirites Roman citizens use. For the Romans are called Quirites from Romulus a thing which is a spear, because they used a great spear in war. whenever we do not add the name of the city, we signify our own law, just as when we speak of the poets and do not add a name, it is understood: among the Greeks, the famous Homer; among us, Virgil.

Law of nations, however, is common to the whole human race. Note For, by the demands of usage and human necessities, the human nations established certain laws for themselves. For wars arose, and captivities followed, and slaveries, which are contrary to natural law. For by natural law all men from the beginning were born free.

And from this law of nations, almost all contracts were introduced, such as buying and selling, letting and hiring, partnership, deposit, loan, and others without number.

For our law, which we use, consists either of written or of non-

non-written, as below, Title "et non ineleganter".

Law is. This definition, as to its meaning, disagrees with the one which is in Digest, "De legibus et senatusconsultis", law 1, although as to the words it differs. It is defined in another way: Law is a holy sanction, commanding what is honest and forbidding the contrary, which is taken from Greek law, Digest, "De legibus et senatusconsultis", law 1, section 2. It is also defined in a third way, as is gathered in another Greek law, in the same title.
As, for example. He sets it forth illustratively. For upon the invocation of the Roman magistrate, that is, the senate—not the whole, because this was greater than all—he questioned the consul himself, whether it pleased them so. And thus it was done at the will of the people, as Digest, "De officio iurisdictionis", law 2, near the end.
Consul. For the consul, in place of the senators, questioned him, and thus those senators are seen to ask. For he who acts through another is seen to act for himself, as Digest, "De vi et vi armata", law 1, section "quod fecisse," and Digest, "De administratione tutorum", law "ita aut," section "gessisse." For we make all our things by which authority is imparted to us by others, as Codex, "De veteri iure enucleando", law 1, through the words "omnia."
Plebiscite. He sets it forth illustratively, as above. For there was by name a tribune, who was the magistrate of the plebs, who asked the plebeians, as Digest, "De officio iurisdictionis", law 2. And we have many laws about these, such as concerning the Lex Aquilia, as Digest, "ad Legem Aquiliam", section "ceterum," and section "hoc tamen," and so that governors may not receive gifts, as Digest, "De officio proconsulis", law "solent," section "si," and Digest, "De officio praesidis", law, section "plebiscito."
Plebs, from genus. It is a genus which is predicated of many things differing in species, such as of animals, as [distinct from] another rational, another irrational, and thus the people behaves itself toward noble and ignoble. The species which is predicated of many differing in mode, as one is man, another Titius, another Seius, thus the plebs behaves itself. For it comprehends only the lesser, as follows.

written, as among the Greeks.

A law is what the Roman people established, with the magistrate asking, such as the consul.

A plebiscite is what the plebs established, with a plebeian magistrate asking, such as a tribune. The plebs, however, differs from the people in the way that species differs from genus. For by the appellation of "people," all citizens are signified, including even patricians and senators. But by the appellation of "plebs," all other citizens are signified, excluding patricians and senators. But plebiscites, by the Lex Hortensia being passed, began to have no less validity than laws.

A senatusconsultum is what the senate commands and constitutes. For when the Roman people had grown to such a manner that it was difficult to gather in one place...