[Iustiniani Institutiones]

[Top margin handwritten notes]
Rubric on justice and law and on the origin of law.
What is called now in which part... chapter.

[Left margin handwritten notes]
In the name of our Lord Jesus Christ...
Here in the beginning...

¶ In the name of our Lord Jesus Christ. a And this is not because he was a Christian; otherwise, in the imperial position, i.e., of the impious, exercising the divine law, as in the authente imperial ordinances, on justice, that it is to be performed in the proemium introduction, there; and the communion of the church, coll. 5. 1. where they state that any of the administrators must swear that they are in communion with the holy and catholic church, and so others do. In sum, as in the Code, on the office of the praetorian prefect, Africanus, book 1, "In the name of the Lord," and in the authente on arms, in the proemium, coll. 6. From this follows a good beginning, a better middle, and an optimal end, as in the authente how officials, in the proemium, coll. 1.

¶ Emperor Caesar. b From Caesar Augustus, who was reigning at the time of the nativity of Christ. That saying: "A decree went out from Caesar Augustus that the whole world should be described," i.e., everywhere, even estimating his own goods and those of everyone in the empire. He is called Caesar or Caesar, because he was cut from the womb of his mother.

¶ Flavius. c Because he has such a color, namely red.

¶ Justinian. d Because he was the son of Justin, as in the Digest, on donations, book "it is," and others. And in the Institutions, that he is not a paternal person, etc. And he was the son of Constantine. But perhaps it speaks there of another Justinian, namely, the blessed or servant, who was the son of Constantine, because he succeeded him in the kingdom, or perhaps from justice, which he always cultivated and served the subjects, as in the Code on the Trinity and the Catholic Faith, book 1.

¶ Alamannic. e These names and all following names are from the outcome, as, for example, he who conquered the Africans and so of others, as in the authente on the heritage of Falcidia. Make, therefore, a summary. These are names of provinces which he conquered himself, coll. 1.

¶ Pious. g From Pius Antoninus, as in the authente that clerics... coll. 6, q. question. That is, another is sacred.

¶ Victor. h In routing enemies.

¶ Felix. i From fortune, i.e., prosperous, because all things succeeded for him according to his vow.

¶ Inclitus. k From his magnificent deeds. Accursius flourished.

¶ Triumphator. l For victory. It is set apart for any of the emperors, as in the Digest, on Augustus. He demands that it be increased... he makes it, as in the definition of the middle, as in the Institutions on paternal power, in the proemium, the middle divides it, as in the Code on the Republic... and so in the definition of justice, as in the Institutions on justice. m p o n Cupide eagerly, i.e., he sends his grace and q from the law in the proemium, he permits this book of the many correctly writing, proven.

¶ Cupide. o In which he renders the readers attentive, docile, and benevolent. Attentive, when he says "with highest vigilance," for from this, that he himself watched, he renders us attentive, so that we should watch; for civil law was written for the vigilant, as in the Digest, on those who are in fraud, book "the pupil," at the end, and there with the highest providence, as in the proemium. Docile, he calls him, when he says, "and with sacred... before, etc.," as in the Institutions. He makes him docile who grasps the summary of the thing briefly, for from this, that he abbreviated it, they will be able to be taught more easily. Benevolent, i.e., of good will to learn, when he says, "and what in the previous time, etc.," and there with the highest effort, as in the Institutions.

¶ Imperial Majesty. p In the matter... q ... the dignity that is in majesty, as in the Code, on laws, etc. If it is a matter of speaking, it is adorned, as in the Institutions, on the ways paternal power is dissolved, the son, there the imperial highness, and not that it contradicts by responding to the silence that this is. Seek why the emperor does not do what is his own, i.e., to attend to arms, i.e., soldiers, he must know more of arms than laws, as in the Code, on the right of deliberation, book "sacred." To which it is responded that the emperor...

¶ r When he asks what was of arms. He attributed it to the laws and the contrary. Response: So that each might always need the help of the other, as in the Code, on the new constitution, in the proemium. Or say he can place it, for arms are for the laws just as laws are for arms, from whence they are soldiers, for whatever, as in the Code, on advocates. Or he placed it so that the bad sound of words might be avoided, i.e., a foul sound. ¶ Optima. i.e., it is opportune.

¶ Arms. s t u v x y z That is, for this utility which follows. Accursius.

¶ And of wars. t And thus that which is for the use of arms.

¶ And of peace. u Thus that which is for the use of laws.

¶ Governed. x The one by laws, i.e., in the time of peace; the other by arms, i.e., in the time of war. y z.

¶ And the prince. y I.e., the book of the emperors. Accursius.

¶ In hostile things. a b Who are as enemies, i.e., Digest, on the diminution of status, book "enemies."

¶ Through legitimate emissaries. a I.e., laws which are the way of learning. Thus he calls it, defining it through laws, for in crimes, whether in the orders, or from extraordinary, for the sake of punishment of the calumniators, as in the Code, on accusations, book "the end," and Digest, against Turpilius, book 1, and in private and in extraordinary crimes, all the calumniators are punished according to the quality of the admission. And in civil cases, they are punished sometimes by pecuniary penalty, sometimes by the sacred oath of calumny, sometimes by infamy, as in the Digest, on the penalty for those litigating rashly, through the whole, and Digest, on accusations, if anyone acts, and Code, on more penalty, book "the unique," and on judgment. Where the contumacious is punished in expenses. Or say there are seven kinds of penalties called the final emissaries, as in the Digest, on penalties, book 6, at the end, and in book 1, 6, and 7, 7. Or say that the magistrates are called the go-betweens through whom the laws are rendered, for the laws in the city would not be worth anything if there were none to send them to execution, as in the Digest, on the office of the judge, book 2, after the origin, which also are punished in civil cases in expenses and in travel costs, as in the Digest, on the judge, him.

¶ Of calumniators. b Which is the final version of the words, Accursius. A calumniator is when someone knowingly intends something false, as in the Digest, against Turpilius, book 1, in the proemium, and Digest, against the law, Digest, on those who are not infamous, etc. s Calumniator: but what is a prevaricator and a tergiversator one who shifts position, see i.

¶ Most religious. c Not that he should be religious through the laws. Only through the laws, for they themselves are sacred, as in the Code, on laws and constitutions, book "laws." Also note here four proportional things: namely, arms, the use of arms, victory, triumph; also laws, the use of laws, the expulsion of calumnies and d f g.

¶ Both of which. If these are said to be in the prince as religion, then, Justinian, what did you do? Response: Both of which, Accursius.

¶ Summis. I.e., with the highest labor.

¶ Vigilance. f With regard to the laws, for civil law is written for the vigilant and not for the sleeping, as in the Digest, which are in fraud, "the pupil," at the end, and Digest, on... book "with highest providence," i.e., with regard to arms, and not of the three states of man, my...

¶ Pro. g Memory of the past, knowledge of the present, providence of the future. h I.e., providence.

¶ With God's grace. h He refers thanks to God, by whose aid he deserved to obtain the triumph, as in the Code, on the office of the praetorian prefect, Africanus, book 1, in the proemium.

¶ And warlike. i That which he had said before, by saying both ways, now he divides by saying first how he behaved with regard to arms, Accursius.

¶ Barbaric. k Barbarians are those who are outside the empire and are mostly enemies.

¶ Deducted. l Anew, Accursius, Florentine.

[Bottom margin notes]
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