7 The edicts of the praetors too have no small legal authority, and
these we are used to call the 'ius honorarium,' because those who occupy
posts of honour in the state, in other words the magistrates, have given
authority to this branch of law. The curule aediles also used to issue
an edict relating to certain matters, which forms part of the ius
honorarium.
8 The answers of those learned in the law are the opinions and views of
persons authorized to determine and expound the law; for it was of old
provided that certain persons should publicly interpret the laws, who
were called jurisconsults, and whom the Emperor privileged to give
formal answers. If they were unanimous the judge was forbidden by
imperial constitution to depart from their opinion, so great was its
authority.
9 The unwritten law is that which usage has approved: for ancient
customs, when approved by consent of those who follow them, are like
statute.
10 And this division of the civil law into two kinds seems not
inappropriate, for it appears to have originated in the institutions of
two states, namely Athens and Lacedaemon; it having been usual in the
latter to commit to memory what was observed as law, while the Athenians
observed only what they had made permanent in written statutes.
11 But the laws of nature, which are observed by all nations alike, are
established, as it were, by divine providence, and remain ever fixed and
immutable: but the municipal laws of each individual state are subject
to frequent change, either by the tacit consent of the people, or by the
subsequent enactment of another statute.
12 The whole of the law which we observe relates either to persons, or
to things, or to actions. And first let us speak of persons: for it is
useless to know the law without knowing the persons for whose sake it
was established.
TITLE III. OF THE LAW OF PERSONS
In the law of persons, then, the first division is into free men and
slaves.
1 Freedom, from which men are called free, is a man's natural power of
doing what he pleases, so far as he is not prevented by force or law:
2 slavery is an institution of the law of nations, against nature
subjecting one man to the dominion of another.
3 The name 'slave' is derived from the practice of generals to order the
preservation and sale of captives, instead of killing them; hence they
are also called mancipia, because they are taken from the enemy by the
strong hand.
4 Slaves are either born so, their mothers being slaves themselves; or
they become so, and this either by the law of nations, that is to say
by capture in war, or by the civil law, as when a free man, over twenty
years of age, collusively allows himself to be sold in order that he may
share the purchase money.
5 The condition of all slaves is one and the same: in the conditions
of free men there are many distinctions; to begin with, they are either
free born, or made free.
TITLE IV. OF MEN FREE BORN
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