The Institutes are silent; but we may consult the Codes of Theodosius (l. iii. tit. xvi., with Godefroy's Commentary, tom. i. p. 310 - 315) and Justinian, (l. v. tit. xvii.,) the Pandects (l. xxiv. tit. ii.) and the Novels, (xxii. cxvii. cxxvii. cxxxiv. cxl.) Justinian fluctuated to the last between civil and ecclesiastical law.