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history of the contests between the senatorial and equestrian orders for the right of being judges already referred to (see sec. 12), applies to criminal and civil judges equally. Before the quæstiones perpetuæ any citizen might be an accuser. He had to swear that his charge was not false, and he had to prove the guilt of the accused—so that the system under which a criminal trial is regarded as a suit between parties was thus introduced into Roman law. Private persons had from an early time of Roman law recovered penalties in a civil action for delicts committed to their injury, and, so too, the criminal proceeding took the form of an action between the private person accusing and the accused. The judges were under the guidance of a president (præses), and each judge pronounced that he condemned, absolved, or that there was not proof either way, by dropping into an urn one of three tablets, bearing respectively the words condemno, absolvo, non liquet. If the accused was condemned, he received the precise punishment provided by the law creating the quæstio perpetua. During the last century of the republic, and in the early days of the empire, a great number of laws, each handing over a special head of offence to a quæstio perpetua, were passed, and thus something like a system of criminal law and criminal procedure was established. Under the empire, as time went on, exactly what happened in civil suits happened in criminal proceedings. The magistrates had exercised a power of dealing with some offences in a summary manner (extra ordinem), and the sphere of their authority was gradually enlarged until it superseded the quæstiones perpetuce altogether, as the formulary system of actions was superseded by the extraordinary jurisdiction of the magistrate in civil suits.

INSTITUTIONUM JUSTINIANI

PROEMIUM.

IN NOMINE DOMINI NOSTRI

JESU CHRISTI

IN THE NAME OF OUR LORD

JESUS CHRIST.

IMPERATOR CÆSAR FLAVIUS JUSTT- THE EMPEROR CÆSAR FLAVIUS JUSNIANUS ALAMANNICUS GOTHICUS TINIANUS, VANQUISHER OF THE ALAFRANCICUS GERMANICUS ANTICUS MANI, GOTHS, FRANCS, GERMANS, ALANICUS VANDALICUS AFRICANUS ANTES, ALANI, VANDALS, AFRICANS, PIUS FELIX INCLYTUS VICTOR AC PIOUS, HAPPY, GLORIOUS, TRIUMPHANT TRIUMPHATOR SEMPER AUGUSTUS CONQUEROR, EVER AUGUST, TO THE CUPIDÆ LEGUM JUVENTUTI.

YOUTH DESIROUS OF STUDYING THE

LAW, GREETING. Imperatoriam majestatem non The imperial majesty should be solum armis decoratam, sed etiam not only made glorious by arms, but legibus oportet esse armatam, ut also strengthened by laws, that, alike utrumque tempus et bellorum et in time of peace and in time of war, pacis recte possit gubernari et the state may be well governed, and princeps Romanus victor existat that the emperor may not only be non solum in hostilibus prceliis, sed victorious in the field of battle, but etiam per legitimos tramites calum- also may by every legal means repel niantium iniquitates expellens, et the iniquities of men who abuse the fiat tam juris religiosissimus quam laws, and may at once religiously victis hostibus triumphator.

uphold justice and triumph over his

conquered enemies. 1. Quorum utramque viam cum Î. By our incessant labours and summis vigiliis et summa provi- great care, with the blessing of God, dentia adnuente Deo perfecimus. we have attained this double end. Et bellicos quidem sudores nostros The barbarian nations reduced under barbaricæ gentes sub juga nostra our yoke know our efforts in war ; to deductæ cognoscunt et tam Africa which also Africa and very many quam aliæ innumerosæ provinciæ other provinces bear witness, which, post tanta temporum spatia nostris after so long an interval, have been victoriis a cælesti numine præstitis restored to the dominion of Rome and iterum dicioni Romanæ nostroque our empire, by our victories gained additæ imperio protestantur. Omnes through the favour of heaven. All vero populi iegibus jam a nobis nations inoreover are governed by promulgatis vel compositis regin- laws which we have already either tur.

promulgated or compiled. 2. Et cum sacratissimas constitu- 2. When we had arranged and tiones antea confusas in luculentam brought into perfect harmony the ereximus consonantiam, tunc nostrim hitherto confused mass of imperial extendimus curam et ad immensa constitutions, we then extended our prudentiæ veteris volumina et opus care to the vast volumes of ancient desperatum, quasi per medium pro- law; and, sailing as it were across fundum euntes, cælesti favore jam the mid ocean, have now completed, adimplevimus.

through the favour of heaven, a work

that once seemed beyond hope. 3. Cumque hoc Deo propitio 3. When by the blessing of God peractum est, Triboniano, viro ma this task was accomplished, we sumgnifico, magistro et ex quæstore sacri moned the most eminent Tribonian, palatii nostri, nec non Theophilo et master and ex-quæstor of our palace, Dorotheo, viris illustribus, anteces- together with the illustrious Theosoribus, quorum omnium sollertiam philus and Dorotheus, professors of et legum scientiam et circa nostras law, all of whom have on many occajussiones fidem jam ex multis rerum sions proved to us their ability, legal argumentis accepimus, convocatis, knowledge, and obedience to our specialiter mandavimus, ut nostra orders ; and we have specially charged auctoritate nostrisque suasionibus them to compose, under our authority componant institutiones : ut liceat and advice, Institutes, so that you may vobis prima legum cunabula non no more learn the first elements of law ab antiquis fabulis discere, sed ab from old and erroneous sources, but imperiali splendore appetere, et apprehend them by the clear light of tam aures quam animæ vestræ nihil imperial wisdom ; and that your minds inutile nihilque perperam positum, and ears may receive nothing that is sed quod in ipsis rerum optinet ar- useless or misplaced, but only what gumentis, accipiant et quod in priore obtains in actual practice. So that, tempore vix post triennium in- whereas, formerly, the junior students ferioribus contingebat, ut tunc con- could scarcely, after three years' stitutiones imperatorias legerentstudy, read the imperial constitutions, hoc vos a primordio ingrediamini, you may now commence your studies digni tanto honore tantaque reperti by reading them, you who have been felicitate, ut et initium vobis et thought worthy of an honour and a finis legum eruditionis a voce prin- happiness so great as that the first cipali procedat.

and last lessons in the knowledge of the law should issue for you from the

mouth of the emperor. 4. Igitur post libros quinquaginta 4. When therefore, by the assistdigestorum seu pandectarum, in ance of the same eminent person quos omne jus antiquum collatum Tribonian and that of other illustrious est (quos per eundem virum excel and learned men, we had compiled sum Tribonianum nec non ceteros the fifty books, called Digests or viros illustres et facundissimos con- Pandects, in which is collected the fecimus), in hos quattuor libros eas- whole ancient law, we directed that dem institutiones partiri jussimus, these Institutes should be divided into ut sint totius legitimæ scientiæ prima four books, which might serve as the elementa.

first elements of the whole science of

law. 5. Quibus breviter expositum 5. In these books a brief exposiest et quod antea optinebat, et quod tion is given of the ancient laws, and postea desuetudine inumbratuin ab of those also, which, overshadowed imperiali remedio illuminatum est. by disuse, have been again brought

to light by our imperial authority. 6. Quas ex omnibus antiquorum 6. These four books of Institutes institutionibus et præcipue ex com- thus compiled, from all the Institutes mentariis Gaii nostri tam institu- left us by the ancients, and chiefly tionum quam rerum cottidianarum, from the commentaries of our Gaius, aliisque multis commentariis com- both in his Institutes, and in his work positas cum tres prædicti viri pru- on daily affairs, and also from many dentes nobis optulerunt, et legimus other commentaries, were presented to et cognovimus et plenissimum no us by the three learned men we have strarum constitutionum robur eis above named. We have read and exaccommodavimus.

amined them and have accorded to them all the force of our constitutions.

7. Summa itaque ope et alacri 7. Receive, therefore, with eagerstudio has leges nostras accipite et ness, and study with cheerful dilivosmet ipsos sic eruditos ostendite, gence, these our laws, and show yourut spes vos pulcherrima foveat, toto selves persons of such learning that legitimo opere perfecto, posse etiam you may conceive the flattering hope nostram rem publicam in partibus of yourselves being able, when your ejus vobis credendis gubernare. course of legal study is completed, to

govern our empire in the different portions that may be entrusted to your

care. Data undecimo kalendas Decem- Given at Constantinople on the bres Constantinopoli domino nostro eleventh day of the calends of DeJustiniano perpetuo Augusto tertium cember, in the third consulate of the consule (533).

Emperor Justinian, ever August.

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