THE NEW CONSTITUTIONS OF THE EMPEROR LEO.

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EVERYONE WHO EXERCISES THE PREROGATIVE OF JUDGING SHALL DECIDE IN ACCORDANCE WITH THE LAWS WHICH WE HAVE COMPILED, AND SHALL NEVER HAVE RECOURSE TO THOSE WHICH WE HAVE ANNULLED, IN ORDER THAT NO AMBIGUITY MAY ARISE UNDER SUCH CIRCUMSTANCES.

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

In the name of Christ, Our True God, who has introduced laws for the benefit of the entire human race. The Emperor Caesar, Flavius, Leo, Pious, Fortunate, Renowned, Victor and Triumpher, worthy to be revered in every age, Augustus and Faithful King, to Stylianus, Most Illustrious Master of the Imperial Offices.

Justinian, whose name is so celebrated among sovereigns, must have been animated with a spirit exceedingly favorable to the welfare of his empire, and most zealous for its benefit, when, in spite of their number and the confusion in which they were involved, he collected all the laws which had been enacted from the foundation of Rome until his reign, and with an industry and labor worthy of all admiration attempted to compile them in a single work, a task which should have elicited the gratitude of all his subjects. He corrected whatever was contradictory and unsuitable, and placed in one collection all the laws which he believed had contributed to the prosperity and glory of the State, arranging them in such a way that an easy method was afforded of distinguishing what was just from what was inequitable. But under all circumstances, in order to obtain the greatest advantage, it is necessary that there should not be a superfluity of anything. For, after having succeeded in the compilation of a single body of laws, and having made an excellent arrangement of the numerous and scattered materials of jurisprudence; after having disposed of the innumerable conflicting statutes which disturbed the harmony of legislation; after having enjoined upon all magistrates to render their decisions in conformity with the recently established rules of law, and having, by means of wise provisions, assured the reconciliation of their various opinions, confident that they would decide impartially and without any contention; still, not being content with these achievements, and believing that he could advance the happiness of the Empire to a great extent, he was imprudent enough to enact new laws which diminished the value of its former work, and, in this way, rendered himself liable to censure, because of the controversies which he provoked, and the contradictions which existed between former and subsequent legislation, for in this way Justinian inflicted an injury upon himself. And, indeed, from that time to this, so many changes have taken place in legislation, whether by the introduction of new laws, or by the adoption of customs whose authority was solely based on the consent of the multitude, there is almost as much uncertainty and disorder existing now as formerly, and all the ordinary business of life is again thrown into confusion. Wherefore, although We are worthily employed with many other things, having paid particular attention to this subject which could not dispense with Our care and knowledge, and having thoroughly investigated the customs which have been introduced with reference to different matters, We have endeavored to reconcile the laws which were found to be conflicting, by repealing all such as were in any respect subversive of their purpose. When we have encountered any customs which were neither injurious nor unreasonable, We have ordered them to be committed to writing, and have conferred upon them the force of law. Finally, where any provisions have appeared to Us to be too severe, and utterly regardless of justice, We have, by modifying them, rendered them equitable, as was proper under the circumstances. These matters having been arranged and determined, We hereby notify all magistrates and judges to consider as absolutely void, and to reject as such, all the enactments which We have repealed; and, on the other hand, they must base their decisions upon those which have-either been passed or compiled in the first place by Our Father, of immortal memory, and subsequently by Us, without anyone being permitted hereafter to have recourse to laws which We have annulled, or to any customs which We have not established as legal, notwithstanding the privilege which they enjoyed by reason of common usage.