[Iustiniani Institutiones]

f Law. For this is to be made, because it was difficult to gather so many people.
g Consul. That is, to be questioned. For previously the people were questioned, as above, concerning plebiscites. As the people were questioned here, so afterwards the senators, who were one hundred in number, were questioned by the consul, as Codex, "De petitionibus".
h If anything has pleased. That is, causally, when the law is null; thus it pleased him, and everything was done accordingly. So Codex, "De servitute", and stipulation, for there it says "not every word of a judge is law." And so, not every word of the prince is law.
i But what. Its vigor, that is, it is law and is observed as law.
k Imperial power. Concerning the request to the prince, for there was a royal law concerning the realm, that is, transferring the empire. By this law it was cautioned that the power of making law should pass from the people to the prince, as here, and Digest, "De origine iuris", law 2, section "deinde cum esset," which is newest, and it makes to this, Digest, "De constitutionibus principum", law 1, where there are the same words. And we do not have this royal law, for it was made concerning the realm, that is, transferring the empire.
m People. That is, as regards the honor, and in it as regards the burden.
n Conceded. That is, transferred. So that the people themselves no longer have this power for themselves. So Codex, "De veteri iure enucleando", law 1, section "sed," and Digest, "De legibus et senatusconsultis", law 1, section "finis." But others say that the people still can make a law, for section "only the prince can do this." It is true, "alone," that is, no other alone, according to Accursius.
o Through a letter, as Digest, "De his qui sunt sui vel alieni iuris", section "domorum," and Digest, "De constitutionibus principum", law 1. Accursius of Florence.
p Decreed, as Codex, "De iis qui imperiali iuris".
q Edict, as Codex, eadem lege 2, and De secundis nuptiis, law "hac edictali."
r General law, which you can recognize in four ways, as Codex, "De legibus et constitutionibus", law "leges," or special, as follows.
s These are. it is noted that which the emperor constitutes, they were not clauses, otherwise all are personal, provided that the bodies of law were general, as Codex, "De novis constitutionibus confirmandis", law unica.
u To anyone deserving a penalty.
x Because of merit, because he served the prince greatly, and therefore some penalty which he deserved to suffer because of the crime he had committed, he remitted.
y Imposed, a greater penalty than he might be worthy of, so that the fear of his penalty might be that of many, as Digest, "De poenis", "aut facta," section "final."
z Without example, that is, so that others might not take an example.
.1. Curiae and others, as Codex, "De legibus et constitutionibus", law 2. Does it understand to help without example if he rescripts to anyone simply? Answer: Yes, provided that there is nothing there of those four things which are said in Codex, "De legibus et constitutionibus", law 1, 4.
.2. Example, as Digest, "De iure et constitutionibus", law 2, and Codex, "De episcopis et clericis".
.3. It does not transgress, Digest, "qui usque iuris," law 1, 1, otherwise, but distinguish.

...to invoke the sanctioning of law, and it seemed equitable to the senate to consult in place of the people. But what has pleased the prince has the force of law, since by the royal law which was passed concerning his empire, the people conferred upon him and into him all his power and authority.

Whenever, therefore, the emperor constitutes anything, or when judging, he has decreed, or through an edict has commanded, it is agreed that this is a law.

These are those which are called constitutions. Plainly, from these, some are personal, which do not pass into example, since the prince does not wish this. For that which is done for someone because of his merit, or if he has imposed a penalty on someone, or if he has helped someone without example, does not transgress the person.

Others, however, since they are general, bind everyone without doubt.

The edicts of the praetors also obtain no small authority of law.

a Bind, that is, they obligate, as Digest, "De iuris et constitutionibus". He resolves the other, contrary Codex "de fructibus et litibus," law "final." Or to both. Say that it extends to the other, for it is not to be said that another has a privilege. Better: law "quod egrediatur" of the person is not, however, a general law; nor is the other seen, that is, the adversary, as he is entirely contingent on the occasion of the controversy.
b Praetor. That is, they obligate, as he eats, because those which were written on the white board of the praetors, as Digest, "De iuris et constitutionibus", law 1, final.
c Aediles.
e No small, but great.
f Magistrate. That is, who see what...
g What I see, gratis freely, that is, he himself... as Digest, "De iustitia et iure", law "ius autem praetorum."
h They gave, as Digest, "De origine iuris", law 2, section "eodem tempore."
i They proposed, with cautions, such as concerning sickly and defective animals, as is clear, Digest, "De aedilitio edicto", law 1.
k Honorary, otherwise is it because the aediles were from the nearest, as Digest "praetorias."
l Answer. Opinion. The opinion is firm and indubitable. Answer: It is, Accursius.
m Opinions. Opinion is when there is doubt.
n Publicly, that is, those whose interpretation was done publicly by the authority granted by the prince, as Title Paulus and similar ones who made law, Digest, "De origine iuris", law 2, section "post originem."
o By Caesar Augustus, as [reference].
p That it might be to the judge, that is, to no one.
q Constituted, that is, just as they themselves constituted.
r From non-written law, it comes from written law. We see that it is divided into two parts. It follows concerning non-written, as above, section "constat."
s Long-standing, because as much time as usage makes customs or habit. Answer: No, because Digest, "qui de et a quibus mandata", law 1, although others demand time when memory does not exist, as Digest, "De aqua pluvia", law 1, in the end.
t Customs, and Codex, "De sacrosanctis ecclesiis", law 1, final. Whether it is robust... whether once is sufficient, as below. No, indeed to the administrator.
u How robust it is, the custom...

And this we are accustomed to call honorary law, because those who hold honors, that is, the magistrates, gave authority to this law.

The curule aediles used to propose an edict concerning certain cases, which edict is a part of honorary law.

The responses of the learned are the sentences and opinions of those to whom it was permitted to establish laws. For it was constituted in antiquity that there should be those who would publicly interpret the laws, to whom the right of responding was given by Caesar, who were called jurisconsults, whose sentences and opinions all held such authority that it was not permitted for a judge to depart from their response, as it is constituted.

From non-written law comes the law which usage has approved. For long-standing customs, approved by the consent of those who use them, imitate the law.

Fragmentary marginalia concerning the foundation of law and the assistance of the poor.

s Counsel, otherwise it cannot be a custom. And it is said that all usage and error impede custom, as Digest, "De legibus et senatusconsultis", law 9.