Stuttgart, Württembergische Landesbibliothek jur. 71, fol. 15r
(Theodosius and Valentinianus, 446 AD):
that it is proper, O Conscript Fathers, that where some exigency arises with
reference to another matter, in either a public or a private case, which
demands a general law, and one not included among
those which are ancient, this should first be discussed by all the great
nobles of Our Palace, as well as your Most Illustrious Assembly, and if it
is approved by all of them, as well as by you, it should be then revised,
and again examined by all met together, and if they agree to it, it should
be read in the Consistory of Our Majesty and be
confirmed by the consent of all as well as by Our authority.
Therefore, 0 Conscript Fathers, know that no law shall hereafter be
promulgated by Us, unless the above-mentioned formalities have been complied
with, for We are well aware that whatever has been decided by your council
will contribute to the happiness of Our Empire and to Our own glory.
Anonymous Gloss to Cod. 1.14.8 s.v. (Theodosius and Valentinianus, 446 AD) ut uniuersorum consensus nostrae serenitatis auctoritate firmetur: § Vt legis transgressor puniatur uidentur duo exigi, scilicet consensus et utentium mores. Tunc enim demum nouum statutum confirmatum intelligitur, ut arg. .Đ di.iiii. In istis § Leges. o7o (Two things are necessary before a transgressor of the law is punished: the consent and the mos of those who observe them. Only then can a new statute be understood to be confirmed, as in Gratian's Decretum, D.4 dictum after c.3)