Of the Institutes or Elements of Our Lord the Most Holy
Emperor Justinian.
In the Name of Our Lord Jesus Christ.
The Emperor Cæsar, Flavius, Justinianus, Alemannicus, Gothicus,
Francicus, Germanicus, Anticus, Alanicus, Vandalicus, Africanus, Pious, Happy,
Renowned, Victor and Triumpher, ever Augustus, to the Youth desirous of
learning the laws.
It is expedient that the Imperial Majesty not only be distinguished by
arms, but also be protected by laws, so that government may be justly
administered in time of both war and peace, and the Roman Sovereign not only
may emerge victorious from battle with the enemy, but also by legitimate
measures may defeat the evil designs of wicked men and appear as strict in the
administration of justice as triumphant over conquered foes.
(1) This twofold task We have now accomplished, by means of the greatest
attention and care, and with the assistance of God. For barbarous nations,
subjected to Our authority, acknowledge Our warlike exploits, and Africa, as
well as other numerous provinces after so long a period of time have submitted
to the Roman domination, and have again become a portion of Our Empire by means
of Our conquests through the aid of Celestial Power, and all peoples in fact,
are now governed by laws either promulgated or compiled by Us.
(2) After having brought into perfect harmony the Imperial Constitutions
hitherto involved in confusion, We have directed Our attention to the immense
volumes of ancient jurisprudence, and have finally accomplished this most
difficult task, proceeding, as it were, through the depths of the ocean, and
aided by the favor of heaven.
(3) This having been concluded through the Grace of God, We summoned the
illustrious Tribonian, Master and former Quæstor of Our Sacred Palace,
along with Theophilus and Dorotheus, eminent men and professors, (whose skill,
familiarity with the laws, and fidelity in obeying Our orders We have proved on
many occasions) and especially directed them to draw up Institutes by Our
authority, and with Our advice, that you may be able to learn the first
principles of the law, not from ancient fables, but acquire them from the
Imperial Splendor; so that your ears as well as your minds may absorb nothing
that is useless or incorrect, but whatever is in accordance with reason in all
things. And while, in former times, it was scarcely possible for those who
preceded you to read the Imperial Constitutions in the course of four years,
you may, now, from the very beginning, proceed to do so; being found worthy of
such honor and happiness that both the beginning and the end of your
instruction in the laws issue from the mouth of your Sovereign.
(4) Therefore, after the completion of the fifty books of the Digest or
Pandects, in which all the ancient law has been collected, and which We have
caused to be compiled by the said distinguished personage Tribonian and other
eminent and most illustrious men, We have ordered these Institutes to be
divided into the following four books, that they may constitute the first
elements of the entire science of jurisprudence.
(5) In them a brief explanation has been made both of the principles
which formerly obtained, as well as of those which, after having been obscured
by disuse, have been illuminated once more by Imperial restoration.
(6) These Institutes collected from all those of the ancients and
especially from the Commentaries of Our Gaius, embracing not only what is
contained in his Institutes but also those of his work relating to daily
transactions and compiled from those of many others, the three learned men
aforesaid submitted to Us, and, after having read and examined them, We have
accorded to them the full authority of Our Constitutions.
(7) Accept, therefore, with the greatest ardor and alacrity, these Our
laws, and prove yourselves so well informed in them that, when your course of
law has been completed, the fairest hope may inspire you of being competent to
govern Our dominions in whatever parts of the same the administration may be
entrusted to you.
Given at Constantinople, on the eleventh day of the Kalends of
December, during the third Consulship of Our Lord Justinian, ever Augustus.
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