THE NEW CONSTITUTIONS OF THE EMPEROR LEO.

I n t r o d u c t i o n

( S. P. Scott, The Civil Law, XII, Cincinnati, 1932 ).

The vicissitudes of human affairs, the inconstancy and diversity of the various conditions of life, have given rise to a great number of laws which, embracing matters of every description, determine with reference to each what is good, and what is otherwise, hence they act as guardians and physicians of Our lives; for, as on the one hand they prevent evil from arising and spreading through society, so, on the other, they correct what they were unable to foresee or prevent, and as they extirpate every kind of vice, they do not permit it to become confirmed. But as the course of human affairs resembles an ebb and a flow, while it alters and overturns all legislation, and frequently substitutes what is bad for that which has already been justly established, and plunges some laws into oblivion, so they become as thoroughly unknown as if they had never before been heard of, in this way it equally attacks all legislation by enveloping some of it in profound silence, and by giving rise to controversies respecting other enactments, either because those who promulgated them, having had neither steadfastness nor uniform opinions, contradicted themselves, or for the reason that their successors permitted customs to be introduced or laws to be passed in opposition to what has already been settled. Hence it happens that legislation becomes perplexed, and no small amount of injury is inflicted upon mankind, some laws being substituted for others, giving rise to the same confusion which results as when darts are cast at random. Therefore, being of the opinion that it would be disgraceful to permit matters which are vital to the safety of the Empire, and which should be decided and confirmed in an invariable way, to remain in such disorder, We have deemed it advisable to renew and examine the laws with the greatest diligence and care. After having collected those which it has seemed to Us to be worthy of preservation, We have sanctioned them by a decree, and have ordered that actions at law shall be determined in conformity with their provisions. Those, on the other hand, which We have decided to be of no value, We have forbidden to be cited hereafter, and have stricken them from the list of laws. So far as those which We have failed to mention are concerned, We.have also repealed them by the mere fact that We have not alluded to them. Finally, as among all customs which common usage has established, there are some founded upon reason which a wise man should not reject, We have exalted them from the condition of customs to that of laws, and have conferred upon them the same authority. Everything having been arranged by Us in this manner, all persons are hereby notified that the laws which We have confirmed, and the customs to which We have given legal force by means of Our Imperial power, shall be observed, and be available for the disposal of all litigation; but, on the other hand, such as are opposed to them, whether they have been explicitly repealed, or whether We have kept silence concerning them, shall alike be rejected, and be excluded forever from the jurisprudence of the Empire.