| Gratian, Roman Law, and the Role of Consent |
|
Köln, Erzbischfliche Dizesan- und Dombibliothek 127, fol. 10r |
|
Gratian, D.4 dictum after c.3:
Ordinances (Leges)
are instituted when they are promulgated; they are confirmed when they
have been approved by the
mos of those
who observe them. Just as indeed the several laws (leges)
today are abrogated by the mos
of those who observe them (interlinear gloss: completely taken away: penitus
ablate).
Florence, Biblioteca Laurenziana Santa Croce 1 sin. 1 fol. 6r D.12 c.6 (Justinian's Institutes 1.1): Long standing usages (mos) approved by the consent (consensus) of those following them are like ordinances (lex) (Diuturni mores consensu utentium approbati legem inmitantur). |
