such as was made on the
motion of one of their own magistrates, as a tribune. The commonalty
differs from the people as a species from its genus; for 'the people'
includes the whole aggregate of citizens, among them patricians and
senators, while the term 'commonalty' embraces only such citizens as are
not patricians or senators. After the passing, however, of the statute
called the lex Hortensia, plebiscites acquired for the first time the
force of statutes.

5 A senatusconsult is a command and ordinance of the senate, for when
the Roman people had been so increased that it was difficult to assemble
it together for the purpose of enacting statutes, it seemed right that
the senate should be consulted instead of the people.

6 Again, what the Emperor determines has the force of a statute, the
people having conferred on him all their authority and power by the
'lex regia,' which was passed concerning his office and authority.
Consequently, whatever the Emperor settles by rescript, or decides in
his judicial capacity, or ordains by edicts, is clearly a statute: and
these are what are called constitutions. Some of these of course are
personal, and not to be followed as precedents, since this is not the
Emperor's will; for a favour bestowed on individual merit, or a
penalty inflicted for individual wrongdoing, or relief given without
a precedent, do not go beyond the particular person: though others are
general, and bind all beyond a doubt.

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