THE THREE PREFACES OF THE CODE OF JUSTINIAN San Vitale, Ravenna Sixth Century |
Bologna, Collegio di Spagna, 286, fol. 1r Justinian's Codex |
FIRST PREFACE.
CONCERNING THE ESTABLISHMENT OF A NEW CODE. The
Emperor Justinian to the Senate of the City of Constantinople. Those things
which seem to many former Emperors to require correction, but which none of
them ventured to carry into effect, We have decided to accomplish at the
present time with the assistance of Almighty God; and to diminish litigation
by the revision of the multitude of constitutions which are contained in the
Three Codes; namely, the Gregorian, the Hermogenian, and the Theodosian, as
well as in those other Codes promulgated after them by Theodosius of Divine
Memory, and by other Emperors, who succeeded him, in addition to those which
We Ourselves have promulgated, and to combine them in a single Code, under
Our auspicious name, in which compilation should be included not only the
constitutions of the three above-mentioned Codes, but also such new ones as
subsequently have been promulgated. (1) Therefore,
having in view the accomplishment of this extensive work, as well as the
maintenance of the public welfare, We have chosen, as being competent for a
task involving such labor and care, John, a most eminent man, Ex-Quaestor of
our Sacred Palace, and of consular, as well as patrician dignity; Leontius,
a man of the highest standing, an officer in the army, an Ex-Praetorian
Prefect, of consular and patrician dignity; Phocas, a most illustrious man,
an officer of the army, also of consular and patrician dignity; Basilis, a
most excellent man, Ex-Praetorian Prefect of the East, and of patrician rank;
Thomas, a most glorious man, Quaestor of our Sacred Palace, and Ex-Consul;
Tribonian, a distinguished man of great authority, and invested with
magisterial dignity; Constantine, an illustrious man, one of the Stewards of
Our bounty, Master of Requests, and of Our Judicial Inquiries; Theophilus, a
most eminent man, and one of the members of our Sacred Consistory, a Doctor
of Laws in this Fair City; and Dioscorous and Praesentinus, most learned
jurists of the Praetorian Tribunal. (2) To these We
have especially entrusted the suppression of superfluous preambles, so far
as this can be done without affecting the efficacy of the laws, as well as
of such enactments as are similar or contradictory, and, in addition to
this, the division of the laws; and it will be to the advantage to omit such
as have fallen into desuetude, to give expression in concise terms to those
which are included in the said three Codes, and in the New Constitutions,
and to place them under suitable titles, adding and omitting portions of the
same, and, indeed, changing their phraseology where convenience requires it,
bringing under one head enactments which are scattered through
various constitutions, and rendering their meaning clearer; so that the
order of the said constitutions may appear not only from the days and the
consulate when they were enacted, but also from their composition itself, by
placing those primarily published in the first place, and those which follow
in the second. And if any laws should be found in the three ancient codes
without the date and the name of the consul, or if any new constitutions
have been inserted among them, they should be so arranged that no doubt may
arise with reference to their general application, in such a way that
rescripts addressed to certain individuals, or originally issued by
pragmatic sanction, may obtain the effect of general constitutions, where,
for the public welfare, they have been included in a new code. (3) Hence We
have hastened to bring these matters to your notice, in order that you may
be informed to what an extent Our daily care is occupied with matters having
reference to the common welfare, by collecting such laws as are certain and
clear, and incorporating them into a single code, so that, by means of this
code, designated by Our auspicious name, the citation of the various
constitutions may cause decisions to be more readily rendered in all
litigation. Given at
Constantinople, on the Ides of February, during the reign and second
Consulship of the Emperor Justinian. SECOND PREFACE. CONCERNING THE
CONFIRMATION OF THE CODE OF JUSTINIAN. The maintenance
of the integrity of the government depends upon two things, namely, the
force of arms and the observance of the laws: and, for this reason, the
fortunate race of the Romans obtained power and precedence over all other
nations in former times, and will do so forever, if God should be
propitious; since each of these has ever required the aid of the other, for,
as military affairs are rendered secure by the laws, so also are the laws
preserved by force of arms. Therefore, We have, with reason, directed Our
attention, Our aims, and Our labors, in the first place, to the maintenance
of the public welfare, and have corrected matters relating to the army in
many ways, and thus provided for everything; as We have by means of old laws
not only brought matters into a better condition, but We also have
promulgated new laws, and by Our just administration, or with additional
expense, We have preserved those already enacted, and afterwards by
publishing new ones, have established them most firmly for the obedience of
Our subjects. (1) But as it
was necessary to reduce the vast number of the constitutions contained in
the three old codes, as well in the others compiled in former times, and to
clear up their obscurity by means of proper definitions, We have applied
Ourselves with willing mind to the accomplishment of this work for the
common good; and, after having selected men
conspicuous for their legal learning and ability, as well as for their
experience in business, and tireless zeal for the interests of the State, We
have committed this great task to them under certain limitations, and have
directed them to collect into a single code, to be designated by Our
auspicious name, the constitutions of the three ancient codes, namely the
Gregorian, Hermogenian, and Theodosian compilations, as well as all those
subsequently promulgated by Theodosius of Divine Memory, and the other
princes who have succeeded him; together with such constitutions as have
been issued during Our reign; and to see that any preambles which are not
confirmed by subsequent decrees, and any constitutions which are
contradictory, or should be suppressed, as well as such as have been
repealed by others of later date, or which are of the same character
except those which, by conferring upon them Our sanction to a certain
extent, We have considered to be susceptible of division, and by such
division of these ancient laws some new principle may appear to arise. In addition to
all this, many other matters relative to the composition of this Code have
been placed by Our authority in the hands of these most wise men; and
Almighty God has afforded this protection through Our zeal for the welfare
of the State. (2) The
following persons have been chosen for this work, and the completion of a
task of such importance, namely: that most excellent man, John, Ex-Quaestor
of Our Palace, and of consular and patrician dignity; as well as that most
eminent man, Leontius, Ex-Praetorian Prefect, of consular and patrician
dignity; and also the most distinguished Phocas, officer of the army, also
of consular and patrician dignity; and that most accomplished man of
patrician dignity, Basilis, Ex-Praetorian Prefect of the East, now Praetorian
Prefect of Illyria; also, the most illustrious Thomas, Quaestor of our Sacred
Palace and Ex-Consul; and the eminent Tribonian, of exalted magisterial
dignity; the distinguished Constantine, Steward of Our Imperialx-large sses,
Master of Requests, and of Judicial Inquiries; Theophilus, former magistrate
and Doctor of Laws in this Fair City; as well as those most learned jurists,
Dioscorus and Praesentinus, members of your bar; and all that We have
directed them to do, they with God's assistance have, through assiduous and
untiring industry, brought to a successful conclusion, and offered to Us
this new, systematically arranged Justinian Code, compiled in such a manner
as to contribute to the common benefit, and meet the requirements of Our
Empire. (3) Therefore We
have had in view the perpetual validity of this Code in your tribunal, in
order that all litigants, as well as the most accomplished advocates, may
know that it is lawful for them, under no circumstances, to cite
constitutions from the three ancient codes, of which mention has just been
made, or from those which at the present time are styled the New
Constitutions, in any judicial inquiry or contest; but that they are
required to use only the constitutions which are included in this Our Code,
and that those who venture to act otherwise will be liable to the crime of
forgery; as the citation of the said constitutions
of Our Code, with the opinions of the ancient interpreters of the law, will
be sufficient for the disposal of all cases. No doubt as to their validity
should arise where any of them appears without a date and without the name
of the consul, or because they may have been addressed to certain private
individuals; as there can be no question whatever that all have the force of
general constitutions; and even if there should be some of them from which
anything has been taken, or to which anything has been added, or which have
been changed in certain respects (which We have specially permitted the most
excellent men aforesaid to do), We grant to no one the right to cite the
said constitutions, as they are stated in the books of the ancient
authorities, but merely to mention the opinions of the latter, as being of
legal effect when they are not opposed to the constitutions of this Our
Code. (4) Moreover,
the pragmatic sanctions that are not included in Our Code, and which have
been granted to cities, corporate bodies, bureaus, offices, or private
individuals, shall remain in every respect valid, if they concede any
privilege as a special favor; but where they have been promulgated for the
settlement of some legal point We direct that they shall only hold when not
opposed to the provisions of Our Code. But in any matter which comes before
your tribunal, or in any other civil or military proceeding, or in one which
has reference to accounts forming part of the public expenses, or in such as
have any relation to the public welfare, We decree that they shall remain
valid as far as public convenience may require this to be done. (5) Therefore
let your illustrious and sublime authority, actuated by a desire for the
common good, and with zeal for the execution of Our orders, cause
information of this Code to be communicated to all peoples, by the
promulgation of an edict in the customary way, and by sending into each
province, subject to Our Empire, a copy bearing Our signature, so that in
this manner the constitutions of this Our Code may be brought to the
knowledge of all persons; and that during festival days, that is to say,
from the sixteenth day of the Kalends of May of the seventh current
indiction, and during the consulate of that most illustrious man Decius,
citations of the constitutions shall be made from this Our Code. Given at
Constantinople, on the sixth of the Ides of April, during the
Consulate of the illustrious Decius. THIRD PREFACE. CONCERNING THE
AMENDMENTS OF THE CODE OP OUR LORD JUSTINIAN, AND THE SECOND EDITION OF THE SAME. Our heart,
Conscript Fathers, always induces Us to pay the strictest attention to
matters concerning the public welfare, so that nothing which has been begun
by Us may be left imperfect. Therefore, in the beginning of Our reign, we
formed the design of collecting in a single body
the Imperial Constitutions which were scattered through several volumes, and
the most of which were either repetitions or conflicting, and free them from
every defect. This work has now been perfected by certain most distinguished
and learned men, and has been subsequently confirmed by Us, as is shown by
Our two Constitutions prefixed hereto. (1) But after We
decreed that the ancient law should be observed, We rendered fifty
decisions, and promulgated several constitutions relative to the advantages
to be derived from the proposed work, by means of which the majority of the
former enactments were amended and abridged; and We divested all the ancient
law of superfluous prolixity, and then inserted the same in Our Institutes
and Digest. (2) But, as Our
new decisions and constitutions, which were promulgated after the completion
of Our Code, were distinct from the body of the same, and seemed to demand
our care and attention, and as some of them, which were afterwards inserted,
appeared to require alteration or correction, it seemed to Us necessary to
have the said constitutions revised by that eminent man Tribonian, Ex-Quaestor
and Ex-Consul, the authorized minister of our work; and also by the
illustrious Dorotheus, Quaestor and Doctor of Laws of Berytus; and, in
addition to these Menna, Constantine, and John, most eloquent men, and
distinguished advocates of the bar of this City, who were ordered to divide
said constitutions into separate chapters for the purpose of rendering them
more available; to place them under proper titles; and to add them to those
constitutions which had preceded them. (3) We
permitted the aforesaid distinguished and most learned jurists to do all
these things, and when there was need of any correction, allowed them to
make it without hesitation, relying upon Our authority; and where any of the
constitutions were superfluous, or had been annulled by any of Our
subsequent decrees; or where they were found to be similar or conflicting,
to remove and separate them from the compilation of the Code itself; as well
as to complete such as were imperfect, and to bring to light those that were
shrouded in obscurity, so that not only the way of the Institutes and the
Digest might appear clear and open, but also that the splendor of the
Constitutions of Our Code might be manifest to all, and no constitution
which resembled another, or was contradictory or useless, should be
retained, and no one should have any doubt that what was confirmed by the
revision was both valid and sufficiently perspicuous. For, in the ancient
Books, the authorities of former times not only called the first, but also
the second editions, revisions; which can be readily ascertained from the
works of that eminent jurist Ulpianus, on Sabinus, by those who desire to
know. (4) These things
having been accomplished according to Our intention, and the Justinian Code
having been purified and elucidated by the aforesaid most illustrious and
learned men (all of this having been done in compliance with Our order, and
the work offered to Us with its amplifications, and changes), We ordered
that it should be copied in accordance with the second edition, and not in
accordance with the first, but as it was revised;
and, by Our authority, We directed that it alone should be used in all
tribunals, whenever the Divine Constitutions were applicable, from the
fourth day of the Kalends of January of the most auspicious Consulate
of Ourself and that illustrious man Paulinus; and that no constitution not
contained in this Our Code should be cited, unless in the course of events
some new question may arise which requires Our decision. For, if something
better should be found hereafter, and it becomes necessary to revise a
constitution, no one will doubt that We should do so, and incorporate into
another compilation those laws which are designated by the name New
Constitutions. (5) Therefore,
having repeated Our order that We shall permit none hereafter to quote
anything from Our decisions, or from other constitutions, which We have
previously promulgated, or from the first edition of the Justinian Code; but
that only what may be found written in this Our present purified and amended
Code shall be regarded as authority, and cited in all tribunals, We have
ordered it to be transcribed without any ambiguity, as was done in the case
of Our Institutes and Digest, so that everything which has been compiled by
Us shall be clear and intelligible, not only in the chirography, but also in
the laws themselves, although on this account the matter contained in this
Code has been considerably extended. (6) Therefore,
Most Reverend and Illustrious Fathers, in order that Our labors may become
manifest to you and obtain authority through all time, We have presented
this collection of laws to your most distinguished Order. Given at Constantinople, on the seventeenth day of the Kalends of December, during the Consulate of Our Lord Justinian, for the fourth time Consul, and of Paulus.
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