After peace was made with the Persians, and after the triumphs over the Vandals and the acquisition of all Lybia, and after having again united the most famous city of Carthage to Our Empire, God permitted Us to bring to a successful conclusion the important work of revision of the ancient laws, which no prince before Our reign thought could either be planned or executed by the human mind. For it was indeed an extraordinary thing to examine the entire body of Roman jurisprudence, from the foundation of the ancient city up to our day, a period embracing almost thirteen hundred years; which sometimes was in agreement with, and sometimes in contradiction to itself, not only in its various parts but also especially in the laws promulgated by Imperial authority; not merely to remove therefrom whatever was inconsistent with itself, but also to reject all that was found to be identical, or similar, and to present the various aspects of the beauty of jurisprudence, so that each law might seem to have been enacted for a single purpose. This result beyond doubt was due to the Supreme Divinity and His beneficence, and not to human thought, enterprise, or power.
     Therefore We, having according to Our custom raised Our hands to God, and having invoked Him that He would deem Us worthy of His aid, have undertaken this task, and have at length completed it; having employed for this entire service the celebrated Tribonianus, Master of the Offices, and former Quaestor of Our Sacred Palace, as well as former Consul, together with certain other illustrious and learned men; constantly exercising supervision over the matters composed by them and carefully scrutinizing whatever was doubtful, We have imparted to all said matters a suitable form, according to the vigor of Our intellect and the ability conferred upon Us by God and Our Saviour Jesus Christ.
     (1) We have then composed a Code dignified by Our Imperial Name, which includes the Imperial Constitutions formerly contained in twelve books. We have afterwards collected in a well-arranged and perspicuous compilation, a multitude of opinions of the ancient founders of the law, which were distributed through almost two thousand volumes and three million sentences. With the assistance of heaven We have included all this in fifty books, accepting everything that was useful, rejecting all ambiguities, and retaining nothing which was contradictory.
     These books We have named the Digest or Pandects, for the reason that they contain divisions and decisions of the laws and because everything is collected in one work; and while We have given them this title, they do not contain more than a hundred and fifty thousand lines. Finally, We have divided them into Seven Parts, which was not done improperly, or without reason, but with a view to the nature and harmony of numbers.
     (2) Those matters then which are ordinarily called by all prwta, that is to say, "The Elements", We have divided into four books.
     (3) Next We have divided whatever relates to Trials into seven other books.
     (4) Also, such matters as relate to Things We have divided into not more than eight books.
     (5) The next Part of the work, however, which is the Fourth, and occupies the middle of the whole, We have divided into eight other books, in which hypothecary actions, which are not greatly different from those brought for the recovery of pledges, are treated of, and also the Edict of the aediles, and stipulations relating to evictions. These two are accessory to, and arise from contracts of sale; and although widely separated from one another in the arrangement of the ancient law, We have brought them nearer together, on account of the common relationship existing between them, and in order that matters that are mentioned as being of almost the same nature may not be widely separated.
     Then, after these two books We have introduced those things which have been written on money loaned in commercial transactions, not only on land but also on vessels, or in maritime business; and what relates to evidence and presumptions, which form the substance of one book. In these three books, each devoted to a single topic which bears considerable resemblance to the treatise on Things, We have next brought together those matters concerning marriage and dowries which are set forth in the laws, and have devoted to them three more volumes in this arrangement. We have also compiled two books on the guardians of minors — We mean those which are generally designated by all persons "Concerning Guardianships" — and here We have concluded the above-mentioned arrangement of eight books, and have finished the central part of the entire work, as previously stated, inserting therein the most excellent and useful laws.
     (6) Moreover, We have assembled in nine books everything relating to legacies and trusts, and those matters are placed at the beginning which relate to testaments and codicils, not only in general, but also to those of soldiers who make such disposition of their property as they desire; and these being arranged in two books are entitled "Concerning Wills".
     In the five following books the rules relating to legacies and trusts, and whatever opinions have been rendered with reference to ambiguities arising from them are contained; and as the treatise on the Lex Falcidia includes and depends upon that of legacies and trusts, We have, therefore, placed it immediately after the one on legacies, having devoted one entire book to the subject with some short additions. And again, for the reason that the Trebellian Decree of the Senate was introduced into trusts because of its resemblance to the Lex Falcidia, We have devoted to it the last place in this Part, attributing all the law expounded on these matters to the Trebellian Decree of the Senate, finding the insertion of the Pegasian Decree of the Senate to be superfluous, and considering the differences and resemblances existing between the said Decrees of the Senate to be absurd, which indeed the ancients themselves detested, and designated captious and dangerous; and, having united all this matter in a simple form under the single title of the Trebellian Decree of the Senate, We have completed this Fifth Part of the entire treatise in nine books. In these nine books nothing has been stated by Us concerning what were formerly called escheats, for the reason that no use was made of them in the prosperous days of the State, but they were a sad monument of the Civil War, and should not survive in these times during which God has granted Us peace at home and abroad, and whenever it was necessary to carry on war it was easy for Us, with His favor, to overcome and make captive our enemies.
     (7) Next follows the Sixth Part of the entire work divided into eight books. It begins very properly with what are styled "Possessions", and having considered these in a diligent manner, as We have done the other subjects, not only such as relate to free persons but also to freedmen, We have made a lucid compilation of what was characterized by great confusion and obscurity in ancient times, thinking that two books on this subject would be sufficient. We have also treated therein of all successions called intestate, and the different degrees of descent, and have devoted one book to the same; and at the end of all We have placed the Tertullian and Orphitian Decree of the Senate by which mothers and children reciprocally succeed one another.
     After this conies another book which treats of the erection of houses, and of the security to be given on account of buildings which are ruinous, and about to fall down; and concerning those who commit some injury or fraud against others; as well as with reference to such persons as injure their neighbors by the overflow of water; and also concerning collectors of public taxes; and in addition to this, whatever the statutes and laws prescribe with respect to donations, either indefinite or simple, and such as are made in apprehension of death. Again, whatever exists relating to manumission and to such matters as have reference to it is treated in this single book.
     We have also inserted into one treatise or book everything that has reference to possession, and acquisition by means of it, and the circumstances under which it is obtained. In the next book has been collected whatever can be found on judicial decisions and on those who have made admissions against themselves; the surrender of property; the detention of debtors, and the sale of their goods; the separation and charge of irresponsible persons; and provisions against the defrauding of creditors. To the discussion of interdicts We have only set apart a single book and then We come to prescriptions or exceptions, and to the terms designated for them. Finally, We discuss the rules governing obligations and actions, and the whole of this Part, which is the Sixth of the entire work and begins, as has been stated, with Possession, We have divided into eight books.
     (8) The last Part of the entire treatise which is the Seventh, includes six books, beginning first with stipulations, next taking up whatever has been written relative to suretyship, the paying of money, the discharge of debts and the release of the same, and what relates to stipulations introduced by the jurisdiction of the Praetor; all of which has been included by Us in two books; although it cannot be stated how many the ancients possessed on this subject.
     We next proceed to the description of crimes, and all those matters are discussed which relate to minor offences called "private", as well as to those which are unusual and are styled "extraordinary"; then We come to public crimes, which are of the most atrocious character, and deserve the severest punishment. This treatise is also composed of two books, which include those things relative to inferior offences and crimes, and with them are mingled whatever has been written concerning criminals who attempt to conceal themselves, and on the disposal of their property, and also the penalties which are to be inflicted on such as are found guilty, or the pardons which should be granted them are enumerated.
     A treatise on appeals which are a frequent and common means of annulling decisions, civil as well as criminal, forms the beginning of another book; and whatever has been written and is to be found in ancient writers on citizens of town or country, Decurion's offices, public and public works, markets, promises for the payment of money, various legal proceedings, interrogations, and judicial investigations, the census of the people, and whatever exists relative to the signification of words and to those things which were drawn up as rules by the ancients; are all contained in the last Book. This Book, therefore, which begins with Stipulations, is the Sixth, if mentioned with respect to the beginning of this Part, but is the Fiftieth when considered with reference to the entire perfection and harmony of the work.
     (9) All these matters have been composed and thoroughly elaborated in compliance with Our command, by the illustrious Tribonianus, most learned Master, and former Quaestor of Our Palace, and former Consul, a man greatly celebrated by reason of his experience in affairs, his eloquence, and his familiarity with the law, and who has never disobeyed any of Our orders. Other men, also, there are, who have assisted in this work under him, namely: Constantinus, the most noble Count of the Sacred Largesses, Secretary, Master of the Requests, of the Imperial Records, and of the Judicial Inquests of the Empire, who has given Us in all matters an excellent opinion of himself; also, Theophilus, the most renowned instructor, who, in a manner worthy of all praise expounds the laws in this Royal City, with the degree of diligence worthy of his exalted office; and Dorotheus, most illustrious Quaestor, appointed Doctor of Laws in his own city — We refer to the venerated and splendid metropolis of Berytus — whose extraordinary renown and glory have conducted him to Us and induced Us to give him a share in this work; and Anatolius likewise, that most eminent teacher, who himself imparts instruction in a thorough manner to the people of Berytus, on points relating to jurisprudence, and who is a man third in descent in a family famous among the Phoenicians for its interpretation of the laws, (for he traces his lineage to Leontius and Eudoxius, jurists of distinguished reputation after Patricius of famous memory, former Quaestor and Censor; and the most glorious Leontius, who held the office of Prefect and Consul, and Patricius his son, all men worthy of the highest admiration); as well as the most illustrious Cratinus, learned Count of the Imperial Largesses and the best interpreter of the laws in this Royal City; and in addition to these should be mentioned Stephanus, Mena, Prosdocius, Eutolmius, Timotheus, Leonides, Leontius, Plato, Jacobuus, Constantinus, Joannes, most accomplished men, advocates of Our most glorious and noble Prefecture, who have also justly acquired a great reputation for wisdom and glory among all men, and who have deservedly been deemed by Us worthy to be chosen as associates in so important an undertaking. These matters which belong to the compilation of the Digest have accordingly been perfected by the above mentioned most eminent men.
     (10) We have so much reverence for antiquity that We were not willing for the names of the ancient jurists to be omitted, but We have inserted that of each one of them in the laws. Certain matters, however, have been altered where something did not appear to be correct, and occasionally portions have been removed and elsewhere additions have been made; upon the whole, having always selected what was best, and having conceded to all one and the same force or power, whatever is written in this book shall be considered as Our opinion, without anyone having the audacity to compare the rules which have now been adopted with those which formerly prevailed; for the reason that We have changed for the better many things not easy to be enumerated, even though some things may have been stated in another form than that in which they appeared in the constitutions of former Emperors; for while preserving the names of the ancient authorities, We have made the truth of their laws Our own, so that where any contradictions of them existed (and many were to be found therein), there has been removed and decided, and every law has been set forth in the clearest terms.
     (11) But since it was necessary to prepare an introductory treatise for the benefit of those who have recently begun the study of the law, and who are unable as yet, to understand the more advanced principles of that science, We have not allowed this to escape Our foresight; and therefore having chosen the most distinguished Tribonianus for the direction of the entire work, together with Theophilus and Dorotheus, most eminent and learned professors; We ordered that they be sent for, in order that they might select from the ancient writers such rules as they had composed which were most suitable and weighty in their application, and present them to Us; and that they might make mention of the Constitutions which We promulgated for the amendments of ancient jurisprudence, and compile from them four books embracing the first elements of legal knowledge, and which We have seen proper to designate Institutes; and this part of the work on the law having been completed they presented it to Us; and after having duly considered and weighed the same We have decided that it is properly executed and not unworthy of Our understanding, and have ordered that it shall be adopted and have the same authority as Our Constitutions; which We have made apparent to all by what We stated in the Prefaces of the said work.
     (12) That the entire plan of the Roman law and this important work could have been completed in three volumes and in as many years, exceeded all Our hopes in the beginning, and at the end when We learned that this was possible, it did not seem that it could indeed be accomplished in ten years. Therefore, this undertaking having been concluded so quickly in three years, which was made possible by the assistance of God, who permitted Us to make peace, to carry on war successfully, as well as to establish laws for the past, present, and future time; We have deemed it expedient to show to all men both the zeal and the foresight displayed by Us in these matters; and being relieved of the perplexity and confusion with which they were surrounded, which condition seemed interminable, laws which are just and comprehensive are now available and ready at hand for all for the purpose of shortening litigation, and prepared and arranged so as to be easily understood by every one who desires to become familiar with them; and no longer will large sums of money be required for the purpose of collecting a multitude of useless books, but by the expenditure of an insignificant sum the rich, as well as those endowed with a slender patrimony, will be able to obtain these stores of learning.
     (13) If any point should be found to be similar to, or identical with something else out of the great number of matters which have been accumulated and collected from so many thousands of volumes, (and this We think will seldom occur), it will not seem to be inexcusable to those familiar with the weakness of human nature; for not to err, or to be blameless or not liable to correction in any respect, is an attribute of Divinity alone, and does not belong to the character or power of mankind, as has already been stated by the ancients. Wherever then, We inserted matters resembling one another, this has been done either because the subjects required that the same things should be stated under several heads, or it was impossible to dispense with that resemblance, because the matter which seemed similar to what had been already mentioned was confounded with something else in another place; or for the reason that the passages frequently required to be preserved intact, and the mind and attention of the reader could not be separated or distracted by the omission of what had already been written; but where repetition occurs on account of necessity, it is only in passages which are very short and which do not affect the meaning.
     (14) This rule We have also observed in everything which relates to the Imperial Constitutions and the law derived from them; for We have not allowed whatever had already been provided for to be inserted into this work, except where a repetition was permitted to stand for some particular reason.
     (15) No one will easily find in this compilation a law which is at variance with others if he will only diligently examine all the appearances of contradiction; for some difference always exists, and in such cases it will be apparent that one law treats of one thing and the other of another.
     (16) If any of those matters which ought to have been inserted has by chance been omitted (and something of this kind perhaps may occur by reason of the infirmity of human nature) it is certainly much better for Our subjects to be delivered from a multitude of useless laws; although they may be deprived of very few things indeed which appear to be valuable that are buried and deposited in innumerable works, and probably had never been noticed by any mortals.
     (17) It is for this reason that the judges, being deprived of so many books which in former times it was necessary to have copied, disposed of lawsuits with too great facility, by having recourse to very few authors and works of law; and rendered decisions without due consideration, either because of the lack of authorities, or because they could not endure the labor required to ascertain many things that were useful, this being beyond their power.
     In the present compilation, however, a great number of laws which are in force have been extracted from rare books that can only be found with difficulty, and whose names even are not known to many men most learned in their profession. The above-mentioned distinguished Tribonianus has indeed furnished Us with a copious supply of matter on these subjects by having procured such a multitude of volumes that they can scarcely be counted, all of which having been thoroughly read have been condensed in this work; but, those who have been commissioned by Us to do this, when they did not find in other treatises anything valuable or different from what had already been compiled, wisely refrained from inserting quotations from them into this book.
     (18) If, however, attention should be called to something new, which does not appear to be inserted in these laws (for Nature delights in innovations) God has established Imperial authority over men in order to meet emergencies, dispose of defects in the law, and remove the uncertainty of human nature by the establishment of principles and rules. We are not the author of this, for Julianus, the most learned of all the distinguished lawgivers of former times, said this same thing; and he, by the Imperial authority, directs that the deficiency of the law shall be supplied where ambiguities and important questions arise.
     The Divine Hadrian, of pious memory, also makes this statement, when the Edicts which were published by the Praetors every year were collected by him in one volume; and who, for the accomplishment of this work, made use of the illustrious Julianus in an address which he delivered in the Roman Senate: "If any point should arise which had not previously been determined, the members of the magistracy shall attempt to decide it and provide a remedy by comparison with those laws which have already been enacted."
     (19) For all these things (since We are speaking to you, great Senators, and all the subjects of Our Empire) you should indeed give thanks to God who has preserved so great a benefit for our times. Make use then of Our laws so that none of those that are inserted in the old books shall receive any attention from you, and do not compare them with those which are now promulgated; because even though some of them may not appear to agree with rules that precede and are older than Our own, whatever is imperfect has been rejected, and what is now approved must be observed. For We forbid the former to be made use of hereafter, and We allow only the latter laws to be obeyed and enforced in the Empire so that whoever attempts to make use of those contained in former works instead of in these two alone, along with the Book of Constitutions compiled or issued by Us, or cites the same in court, or if anyone bases a decision on them having suffered them to be quoted before him, he shall be considered guilty of forgery, shall be prosecuted criminally, and subjected to punishment; which indeed is not necessary for Us to mention because it is sufficiently evident from the fact itself.
     (20) We have deemed it best to prefix to the Digest not only the names of the ancient framers of the laws and the titles of their works from which this compilation has now been made by Ourselves; but We have commanded it to be done, and it has been done. At the same time We have directed whatever has been written with reference to these things to be appended to this Our Divine Constitution, so that it may be apparent to all how great was the imperfection and uncertainty of former jurisprudence, and what changes We have effected therein. We have had recourse to legislators and interpreters of the law who were approved and accepted by all men, who received the commendation of former Emperors and deserved to be quoted by them; and when indeed any author was not known to the ancient legislators We forbade the insertion of any portion of his work into this one of Ours. We have given one rank and authority to all those extracts which have been inserted, and have bestowed no superiority upon one more than another; and if We have conceded the force of Imperial Constitutions to everything which has been written by those authors, what is there that can have greater or less weight than this?
     (21) We order, and We decree in confirmation of the same, what in the beginning We directed where this legal compilation was projected by Us; and We again forbid all persons now in existence as well as those who are to come to write any commentaries on these laws, unless someone may wish to translate them into the Greek language and this translation We desire to be literal, or such as are called "according to the foot", to be employed in the interpretation of the laws; but We forbid them to make any other addition to them, however small; or again to give occasion to contradiction and ambiguity, or to an infinite number of laws which previously occurred in the review of the ancient Edict; so that this extremely short work may not be vastly extended by the difference or diversity of the various commentaries.
     If, indeed, anything should seem to be ambiguous, either to parties to suits or to those who preside over trials, it must be interpreted by the Emperor, for this privilege is legally granted to him alone. Therefore, if anyone should venture to add to this Our compilation of laws any commentaries whatsoever, or anything prohibited by the terms of this Our order, he is hereby notified that he will be liable to the penalty of forgery under the law, and that whatever he has composed will be taken from him and entirely destroyed.
     (22) The same penalty shall be inflicted upon those who make use of notes or any abbreviated characters (which are called singlas) desiring by this means to corrupt the text; as well as upon those who do not write out in full the names and titles of the legal authorities and their laws. Those, also, who obtain books of this kind are notified that they will be useless to them, for We do not grant permission for such books to be employed in court, even if the one which is quoted has no abbreviation or note in that part which is read, and though only one abbreviation may be found anywhere therein. Therefore, he who has such a book must consider it as not written; and he also who wrote it and delivered it to an ignorant purchaser shall pay to him double the amount of the damage which he has sustained, by reason of the same; and shall also be prosecuted criminally. This We have already inserted in other constitutions relating to this subject, not only in those published in the Latin language but also in those issued in Greek, which We have sent to professors of law.
     (23) Moreover, We decree that these books, (by which We mean the Institutes and Digest) shall have authority from the end of Our third fortunate Consulate, that is to say, from the third Kalends of January of the present Twelfth Indiction, and shall prevail for all time hereafter, having the same force and effect as the Imperial Constitutions, not only in such matters as may subsequently arise, but also in those that are still pending in court, and have not yet been disposed of in an amicable manner; as We by no means permit that whatever has been determined or settled up to this time shall be reconsidered. During this, Our third most famous Consulate, which God has bestowed upon Us, peace has been concluded with the Persians, and this collection of laws, which no one had previously devised, has been completed, and besides, the third part of the globe (We mean all Africa) has been added to Our Dominions; all these benefits having been bestowed upon Us during Our third Consulate by Almighty God and Our Saviour, Jesus Christ.
     (24) Therefore, the magistrates of Our renowned universal Empire having accepted this Our Sacred Constitution, shall make use of Our aforesaid laws, each of them preparing himself in his own tribunal. The most glorious Prefect shall also publish the same in this the greatest of royal cities. This is also enjoined upon Our most excellent and praiseworthy Master, and Our most glorious and celebrated Praetorian Prefects, not only in the East, but also in Illyria, and in Africa, who, by their Edicts, shall without fail, give notice publicly to all under their jurisdiction and to all Our subjects.
     Given on the seventeenth of the Kalends of January, during the third Consulate of Our Lord Justinian, ever Augustus, 533.