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A decorative woodcut headpiece features floral motifs and mythical creatures.
A decorative drop cap 'P' is used. PREFACES which pertain to the composition of the constitutions.
On making a new Code. 1. In the Gregorian Code, laws from Hadrian to Valerian were contained: in the Hermogenian, from Claudius to Diocletian: in the Theodosian, from Constantine to Theodosius: There were also other laws enacted from Theodosius to the times of Justinian. By this constitution, Justinian declares that it is his care that all these constitutions be brought into one Code (which he orders to be called the new and Justinian Code) and be divided into titles.
On confirming the Justinian Code. 2. This constitution was enacted in the year approximately 531.
On the emendation of the Justinian Code. 3. This constitution having been enacted in the year 536 approximately, he orders the new Code to be purged, and this is what we now use, which for that reason is called the repeated reading repetitae praelectionis.
The objects of the constitutions are public or private law.
ON PUBLIC LAW, which consisted either in Sacred matters, in which we consider
Divine law itself, or faith and doctrine itself.
On the supreme Trinity, on the Catholic faith, and that no one should dare to contend publicly about it. 4.1. Whether there is one God in three persons: likewise whether the Son is homoousios consubstantial to the Father.
Sacred things.
On sacrosanct Churches, that is, houses consecrated to God, which are also called Dominical original: "Dominicae", and their privileges.
Persons, or Ministers of the true Church.
On Bishops, so called from their vigil, and Clerics, from the lot by which they were anciently chosen, and Orphanages Orphanotrophia, which, that is, feed orphans destitute of substances, Foundling-homes Brephotrophia, which feed infants, Poor-houses Ptototrophia, which feed the poor and beggars, Hospices Xenodochia, which feed needy and weak strangers, Ascetries Ascetriae, women, that is, who are entirely dedicated to divine meditations, and Monks, and their privileges, and camp-peculium castrense peculium, so called in imitation of those who serve in camps: and on redeeming captives from those, that is, to whom something has been left for that cause, and on marriages, namely second marriages of Clerics, which are forbidden, or permitted, that is, before the clerical state.
On Episcopal audience, that is, the cognizance of the Bishop: for he has neither jurisdiction, nor an apparitor, nor execution; and on diverse chapters which pertain to the law by which they are admitted into council, and have care of Clerics, the poor, captives, exposed infants, food, marriages, the fulfillment of testaments, and reverence, so that, for example, one cannot appeal from them. Pontifical. 7.
On ministers of the false Church.
On Heretics, of whom he enumerates many species here: they are so called from the stubborn choice of an opinion. For heresy is a stubborn error in articles of faith, which it pertains to the care of the true Minister to extirpate, and who ought to be so alien from the privileges of the Church that silence should be imposed upon them, places taken from them, and their gatherings should be called not churches, but conventicles; and
Manichaeans, who among other things attributed to Christ a fantastic body devoid of the true properties of humanity; and
Samaritans, who were mixed from Judaism and Paganism. 8.
That holy Baptism should not be repeated. 9. Those who repeat baptism are called Anabaptists.
On Apostates. 10. These are those who have utterly defected from the Christian religion into another which openly denies Christ, such as that
of the Jews, Ethnics, and Turks. This epithet was given to Emperor Julian by ecclesiastical writers for this reason.
That it is permitted to no one to imprint or strike the sign, that is, the effigy (some interpret it as the sign of the cross) of the Savior Christ on the ground, or on flint, or on marble. 11.
On the Jews, to whom the laws permit synagogues, and on Coelicolae Caelicolae heaven-worshippers. 12. These can be those whom the prophets mentioned, who served the queen and host of heaven. Jer. 44, Soph.
That a Heretic, or Jew, or Pagan may not have, possess, or circumcise a Christian slave mancipium. 13.
On Pagans. Pagans are so called because they are, as it were, from the crossroads of rustic places and villages, alien to the city of God; and these are they who retain the rites of the Gentiles, which were kept in villages longer than in cities, because the ruder are more difficult to lead away from false things, as being ignorant of the law; and on the abolition of their sacrifices, and the closing of their temples, and the taking away and confiscation of their idols. 14.
On those who take refuge at the Church, for debt, that is, or crime, or who cry out there, such as those who disturb the peace with a tumult, and that no one be dragged from the Church. 15. For they enjoy the right of asylums.
On those who are manumitted in churches. 16. This manumission was introduced because it was not equally easy for everyone to travel to Rome for the assemblies, and to obtain that freedom by any manumission whatsoever.
Laws.
On laws, the right of enacting which was once in the power of the Roman people, concerning which he treats here in general, and on their observance, not even the Emperor being excepted, and on fraud committed against them, and on a benign and mild interpretation not to be extended to past business, and on the constitutions of Princes, the right of enacting which was transferred from the people to the Emperors. 17.
On the mandates of Princes. 18.
On Senate-consults. 19.
On old law. He calls old law the books of the wise, to whom the power of responding on the law was given by the Emperors, by clarifying, that is, by reducing into order, with obsolete, similar, and contrary things removed, with useful things reduced into certain titles, and on the authority of the Jurisprudents who are referred to in the Digests. 20. Equated, that is, so that the authority of Papinian is not more potent than others. Law 1 of this title refers to the proposal of Justinian on clarifying the law: law 2 to the narration of the law already emended.
On law, of whose various species it was spoken above, and of fact, that is, ignorance of the matter done; of the former, ignorance of law does not excuse, of the latter, it does excuse. 21.
On prayers which in the next title he calls a petition libellus to be offered to the emperor, even by a slave who, by a praiseworthy example of faith, desires to avenge the death of his master; and on what matters it is permitted to supplicate, namely for the dilatory payment of debt, not for the peremptory, provided caution is given concerning payment by the petitioner, but not concerning harmful deceit, and only once, nor against the sentence of the Praetorian Prefect, nor does it matter from whom the impetration is made provided it is not contrary to law. 22.
When a petition given to the Prince makes a contestation of the suit. 23.
That while the suit is pending, the suit is pending by civil law from the contestation, by canon law after the petition is offered, or after an appeal, omitted, that is, because when one appeals from a sentence, nor does the rescript afterwards followed retract those things which were judged, or the definitive sentence, which is not by appeal, that is, rescinded or