THE CIVIL LAW
INCLUDING
The Twelve Tables, The Institutes of Gaius, The Rules of
Ulpian, The Opinions of Paulus, The Enactments
of Justinian, and The Constitutions of Leo:
Translated from the original Latin, edited, and compared with all accessible systems of jurisprudence ancient and modern.
By S. P. SCOTT, A. M.
Author of "History of the Moorish
Empire in Europe," Translator of
the "Visigothic Code"
IN SEVENTEEN VOLUMES VOL. XVI.
CINCINNATI
THE CENTRAL TRUST COMPANY Executor of the Estate Samuel P. Scott, Deceased
PUBLISHERS
CONTENTS OF VOLUME XVI.
AUTHENTIC OR NEW CONSTITUTIONS OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN.
FIRST COLLECTION. CONCERNING HEIRS AND THE FALCIDIAN PORTION.
TITLE I. PAGE
FIRST NEW CONSTITUTION ......................................... 3
PREFACE .............................................'........... 3
I. WHERE THE HEIR is UNWILLING TO PAY LEGACIES ............... 4
II. CONCERNING THE FALCIDIAN LAW AND THE INVENTORY ............ 7
III. CONCERNING THE EQUALIZATION OF LEGACIES ..................... 8
IV. LEGACIES MUST BY ALL MEANS BE PAID WITHIN A YEAR ........... 9
TITLE II.
CONCERNING THE RULE PROHIBITING WOMEN, WHO HAVE MARRIED A SECOND TIME, FROM MAKING A SELECTION AMONG THEIR CHILDREN ; AND CONCERNING THE ALIENATION AND PROFIT OF ANTE-NUPTIAL DONATIONS; AND CONCERNING THE SUCCESSIONS OF THEMSELVES AND THEIR CHILDREN. SECOND NEW CONSTITUTION ........................................ 10
PREFACE ........................................................ 10
I. CONCERNING THE ABOLITION OF THE RIGHT OF CHOICE. ........... 12
II. CONCERNING THE ALIENATION OF A DOWRY OR OF A DONATION MADE
TO A STRANGER ON ACCOUNT OF MARRIAGE .................... 12
III. CONCERNING THE SUCCESSION WHERE A SON DIES INTESTATE, AND IN WHAT WAY PARENTS MARRYING A SECOND TIME CAN BE CALLED TO SUCCEED TO THE ESTATES OF THEIR CHILDREN ..... 13
IV. CONCERNING THE ADMINISTRATION OF DONATIONS GIVEN IN CONSIDERATION OF MARRIAGE WHEN THE WOMAN MARRIES A SECOND TIME ................................................... 15
V. CONCERNING A DOWRY WHICH HAS BEEN PROMISED IN WRITING AND
HAS NOT BEEN COUNTED OUT OR DELIVERED. ................. 16
TITLE III.
CONCERNING THE NUMBER OF ECCLESIASTICS ATTACHED TO THE PRINCIPAL CHURCH AND THE OTHER CHURCHES OF CONSTANTINOPLE.
THIRD NEW CONSTITUTION ......................................... 16
PREFACE ........................................................ 17
I. THE NUMBER OF ECCLESIASTICS SHALL REMAIN AS IT is AT PRESENT, AND THE NUMBER OF THE CLERGY ATTACHED TO THE PRINCIPAL CHURCH OF CONSTANTINOPLE SHALL BE DETERMINED FOR THE FUTURE ................................................. 18
PAGE
II. ECCLESIASTICS SHALL NOT BE PERMITTED TO PASS FROM AN INFERIOR CHURCH TO THE PRINCIPAL ONE THROUGH PATRONAGE, AND CONCERNING THE INCREASE OF THE NUMBER OF ECCLESIASTICS OF INFERIOR CHURCHES ................................... 19
III. OTHER ECCLESIASTICAL REVENUES SHOULD BE EXPENDED BY THE PATRIARCHS AND STEWARDS FOE Pious USES AND FOR THE RELIEF OF PERSONS IN WANT ..................................... 20
TITLE IV.
CONCERNING SURETIES, MANDATORS, BONDSMEN AND PAYMENTS.
FOURTH NEW CONSTITUTION ....................................... 21
PREFACE ........................................................ 21
I. CREDITORS SHOULD, IN THE FIRST PLACE, SUE THE PRINCIPAL
DEBTOR ................................................. 21
II. CONTINUATION OF THE PRECEDING CHAPTER. PROPERTY WHICH HAS BEEN TRANSFERRED TO A THIRD PARTY CANNOT BE RECOVERED BEFORE A PERSONAL ACTION HAS BEEN BROUGHT AGAINST THOSE WHO ARE LIABLE. .................................. 22
III. CONCERNING PAYMENTS. WHEN THE DEBTOR HAS NOT THE MONEY WITH WHICH TO MAKE PAYMENT His PROPERTY SHALL BE ADJUDGED TO THE CREDITOR ................................ 23
TITLE V. CONCERNING MONKS.
FIFTH NEW CONSTITUTION ......................................... 24
PREFACE ........................................................ 24
I. CONCERNING MONASTERIES AND THEIR CONSTRUCTION ............ 25
II. CONCERNING NOVICES ........................................ 25
III. MONKS SHALL LIVE AND SLEEP TOGETHER. ..................... 27
IV. CONCERNING MONKS WHO ABANDON THEIR MONASTERY. ......... 27
V. CONCERNING A MAN OR WOMAN WHO DESIRES TO EMBRACE A
SOLITARY LIFE ......................................... 27
VI. CONCERNING MONKS WHO ABANDON THE MONASTERY. ........... 28
VII. CONCERNING MONKS WHO PASS FROM ONE MONASTERY TO ANOTHER ................................................ 28
Vill. MONKS SHALL NOT MARRY OR KEEP CONCUBINES. ............... 28
IX. CONCERNING THE ELECTION AND CREATION OF ABBOTS. THIS CONSTITUTION is APPLICABLE TO MONKS AS WELL AS NUNS. ..... 29
TITLE VI.
How BISHOPS AND OTHER ECCLESIASTICS SHALL BE ORDAINED, AND CONCERNING THE EXPENSES OF CHURCHES. SIXTH NEW CONSTITUTION ......................................... 30
PREFACE ........................................................ 30
I. CONCERNING THE MORALS, THE LIFE, THE HONOR, AND THE STATUS
OF ONE WHO is TO BE CONSECRATED A BISHOP. ............. 31
II. A BISHOP CANNOT BE ABSENT FROM His CHURCH FOE A LONGER
PERIOD THAN A YEAR. ................................... 33
III. BISHOPS SHALL NOT VISIT THE IMPERIAL COURT WITHOUT FIRST
OBTAINING LETTERS AUTHORIZING THEM TO DO so........... 34
IV. CONCERNING THE SELECTION OF ECCLESIASTICS .................. 35
V. ........................................................... 35
VI CANDIDATES FOR DEACONESSES WHO AEE UNDEE FIFTY YEARS OF
AGE SHALL NOT BE OEDAINED. ....................•••••••• o»
VII CONCERNING ECCLESIASTICS WHO ADOPT ANOTHER MODE OF LIFE.. 37 vill' CONCERNING THE EXPENSES OF CHURCHES AND THE PROHIBITION
OF INCREASING THE NUMBER OF THE CLERGY.... ............ 37
SECOND COLLECTION.
TITLE I.
CONCERNING THE PROHIBITION OF ALIENATING OR EXCHANGING IMMOVABLE ECCLESIASTICAL PROPERTY, OR OF GIVING IT TO CREDITORS UNDER SPECIAL HYPOTHECATION, A GENERAL HYPOTHECATION BEING SUFFICIENT. SEVENTH NEW CONSTITUTION ...................................... 39
PREFACE ........................................................ 39
, I. CONCERNING THE PROHIBITION OF ALIENATING PROPERTY BELONGING TO RELIGIOUS HOUSES ................................ 42
II. CONCERNING THE GIFT OF IMMOVABLE PROPERTY TO A RELIGIOUS
HOUSE- BY THE EMPEROR ................................. 43
III. UNDER WHAT CIRCUMSTANCES THE EMPHYTEUSIS OF ECCLESIASTICAL PROPERTY MAY BE PERMITTED. ...................... 44
IV. IN WHAT WAY THE USUFRUCT OF PROPERTY BELONGING TO THE
CHURCH is CREATED .................................... 46
V. To WHAT PENALTIES PERSONS WHO ALIENATE ECCLESIASTICAL
PROPERTY ARE LIABLE .................................. 46
VI. IT is LAWFUL TO ENCUMBER ECCLESIASTICAL PROPERTY BY A GENERAL BUT NOT BY SPECIAL HYPOTHECATION ................. 47
VII. To WHAT PENALTIES THOSE WHO MAKE A PERPETUAL EMPHY-
TEUTICAL CONTRACT ARE LIABLE .......................... 47
Vill. CONCERNING THE PROHIBITION OF ALIENATING SACRED UTENSILS .. 48
IX. CONCERNING HIM WHO PURCHASES THE PROPERTY OF THE CHURCH
BY VIRTUE OF A PRAGMATIC SANCTION ..................... 48
X. CONCERNING OFFICIALS WHO ALIENATE PROPERTY BELONGING TO
THE CHURCH ........................................... 49
XI. CONCERNING THE PROHIBITION OF ALIENATING MONASTERIES. ..... 49
XII. WHERE A STERILE FIELD COMES INTO THE POSSESSION OF A CHURCH 50
TITLE II.
JUDGES SHALL NOT OBTAIN THEIR OFFICES BY PURCHASE. EIGHTH NEW CONSTITUTION ....................................... 51
PREFACE ........................................................ 51
I. CONCERNING MAGISTRATES WHO SHOULD BE CREATED WITHOUT
EXPENSE ................................. ........... 53
II. CONCERNING THE VICEGERENT OF ASIA AND THE GOVERNOR OF PHRYGIA, AND THE TRANSFER OF THEIR OFFICES TO THE COUNT OF PACATIAN PHRYGIA .................................. 53
III. CONCERNING THE ABOLITION OF THE OFFICE OF VICEGERENT OF PONTUS, AND THE TRANSFER OF THE SAME TO THE COUNT OF GALATIA .............................................. 54
FAUE
IV. No MAGISTRATE SHALL BE PERMITTED TO APPOINT DEPUTIES. ..... 54
V. THE OFFICES OF COUNT OF THE EAST AND GOVERNOR OF ANTIOCH
ARE HEREBY CONSOLIDATED .............................. 54
VI. ALL PRIVATE INDIVIDUALS AND THE EXECUTIVE OFFICERS OF THE CITY OF CONSTANTINOPLE SHALL BE SUBJECT TO THE GOVERNORS OF PROVINCES ................................... 55
VII. CONCERNING THE OATH TO BE TAKEN BY GOVERNORS DECLARING THAT THEY HAVE NOT PAID ANY MONEY FOR THE PURPOSE OF OBTAINING OFFICE ................................... 55
Vill. GOVERNORS SHALL DILIGENTLY ATTEND TO THE COLLECTION OF
TAXES ................................................ 56
IX. GOVERNORS OF PROVINCES SHALL REMAIN FOR FIFTY DAYS IN THEIR FORMER JURISDICTION, AFTER THEIR SUCCESSORS HAVE ARRIVED ............................................... 57
X. ALL THE PEOPLE OF THE PROVINCE SHALL SHOW THEIR GOVERNOR
THE HONOR AND RESPECT TO WHICH HE is ENTITLED. ....... 58
XI. ALL PERSONS SHOULD RENDER THANKS TO GOD ON ACCOUNT OF
THIS LAW ............................................. 59
XII. IN WHAT CASES PERSONS DETAINED BY A GOVERNOR CAN HAVE NO
LEGAL RECOURSE AGAINST HIM ........................... 60
XIII. CONCERNING OFFICIALS DESPATCHED IN THE PURSUIT OF THIEVES. . 61
XIV. How, AND BEFORE WHOM, MAGISTRATES SHOULD BE SWORN, AND CONCERNING THE SECURITY WHICH SHOULD BE REQUIRED OF THEM ................................................. 61
EDICT ADDRESSED TO ALL Pious ARCHBISHOPS AND HOLY PATRIARCHS THROUGHOUT THE EARTH .......................... 62
XV. CONCERNING THE DEFENDERS OF CITIES. ........................ 63
EDICT ADDRESSED TO THE INHABITANTS OF CONSTANTINOPLE ...... 63
NOTICE OF PAYMENTS TO BE MADE BY MAGISTRATES APPOINTED TO OFFICE. No ONE SHALL BE ALLOWED TO EXACT MORE THAN is HEREIN SPECIFIED .................................... 63
THIS COPY OF THE LAW is ADDRESSED TO DOMINICK, MOST GLORIOUS PR.ETORIAN PREFECT OF ILLYRIA. .......................... 63
TITLE III. THE OATH TO BE TAKEN BY MAGISTRATES APPOINTED TO OFFICE ......... 64
TITLE IV.
THE ROMAN CHURCH SHALL ENJOY THE PRESCRIPTION OF A HUNDRED YEARS.
NINTH NEW CONSTITUTION ......................................... 65
TITLE V.
CONCERNING THE REFERENDARIES OF THE PALACE. NINTH NEW CONSTITUTION ........................................ 67
PREFACE ........................................................ 67
TITLE VI.
CONCERNING THE PRIVILEGES OF THE FIRST JUSTINIANIAN ARCHBISHOP, AND THE PATRIARCHAL SEE OF ILLYRIA IN SECOND PANNONIA, WHICH is Now TRANSFERRED TO THE FIRST JUSTINIANIAN ARCHBISHOP. ELEVENTH NEW CONSTITUTION ..................................... 68
PREFACE ........................................................ 68
CONCERNING INCESTUOUS AND EXECRABLE MARRIAGES. PAGE TWELFTH NEW CONSTITUTION .................••••••••••••••••••••• 70
PREFACE ......................-••••••••••••••••••••••••••••••••• 70
I. CONCERNING INCESTUOUS AND WICKED MARRIAGES. ............... 70
II' LEGITIMATE CHILDREN SHALL BECOME INDEPENDENT WHEN THEIR FATHER is PUNISHED FOR CONTRACTING AN INCESTUOUS MARRIAGE, AND SHALL BE ENTITLED TO His PROPERTY. ............. 71
III WITHIN WHAT TIME THIS CONSTITUTION SHALL BECOME OPERATIVE, AND TO WHAT PORTION OF THEIR FATHER'S ESTATE CHILDREN BORN OF AN INCESTUOUS MARRIAGE SHALL BE ENTITLED. ...... 71
IV. CONCERNING NATURAL CHILDREN BORN BEFORE DOTAL INSTRUMENTS
HAVE BEEN EXECUTED .................................... 72
TITLE Vill.
CONCERNING PRAETORS OF THE PEOPLE. THIRTEENTH NEW CONSTITUTION ......................••••.•••••••• 73
70
' PREFACE .......................••••••••••••••••••••••••••••••••• I0
• i. ...................................-......-•••••••••••••••••• 74
n. ......................................................... II
m. ............................................................. H
iv. ...........:........-...............-..•••••••••••••••••••••• 75
V ...................................... 76
VL :::::::::::::::::...:.....................-..--•-•••-•••••••• ^
THIRD COLLECTION.
TITLE I.
CONCERNING PANDERS. FOURTEENTH NEW CONSTITUTION .......................••••••••••••• 78
PREFACE ...........................-••••••••••••••••••••••••••••• 7^
THIS LAW is ADDRESSED TO THE MOST GLORIOUS MASTER. .............. 80
TITLE II.
CONCERNING THE DEFENDERS OF CITIES.
FIFTEENTH NEW CONSTITUTION ......................••••••••••••••• 80
PREFACE .......................................••••••••••••••••• 80
I. No INHABITANT OF A CITY SHALL BE PERMITTED TO REFUSE THE
OFFICE OF DEFENDER ....................................... 81
II. ............................................................. 82
III. ALL DOCUMENTS SHALL BE REGISTERED BY DEFENDERS .............. 82
iv. ............................................................. 83
V .............................. 83
VL '.'.'.::;'.'.'..................................................... 84
TITLE III.
CONCERNING THE NUMBER OF CLERKS WHO SHOULD BE ORDAINED. PAGE SIXTEENTH NEW CONSTITUTION .................................... 85
PREFACE ........................................................ 85
I. ............................................................... 86
TITLE IV.
CONCERNING IMPERIAL MANDATES. SEVENTEENTH NEW CONSTITUTION .................................. 86
PREFACE ........................................................ 86
I. MAGISTRATES APPOINTED GRATUITOUSLY SHALL PERFORM THEIR DUTIES WITHOUT REWARD, AND REMAIN PURE IN THE SIGHT OF GOD, THE EMPEROR, AND THE LAW ..................... 87
II. MAGISTRATES SHOULD TAKE CARE TO PREVENT SEDITION, AND SEE THAT PUBLIC TRANQUILLITY is MAINTAINED BY PERSONS OF ALL RANKS ........................................... 88
III. CASES OF INFERIOR IMPORTANCE SHALL BE DECIDED WITHOUT HAVING THE PROCEEDINGS REDUCED TO WRITING. THE PRESENT RULE GOVERNING THE TAXATION OF COSTS SHALL BE OBSERVED ............................................ 88
IV. MAGISTRATES SHALL NOT PERMIT THEIR SUBORDINATES OR ATTENDANTS TO COLLECT ANYTHING FOR THE REPAIR OF HARBORS OR PUBLIC MONUMENTS. ........................... 89
V. CONCERNING CRIMES ...................................... 89
VI. PRIVILEGES INVOLVING THE PUBLIC FAITH OR SECURITY SHOULD
NOT BE INCONSIDERATELY BESTOWED ..................... 90
VII. THE RIGHT OF ASYLUM DOES NOT ATTACH TO HOLY PLACES IN
CASE OF HOMICIDE AND OTHER CRIMES. ................... 90
Vill. TAX-COLLECTORS MUST STATE IN THEIR RECEIPTS THE AMOUNT
OF THE PROPERTY SUBJECT TO TAXATION .................. 91
IX. JOURNEYS MADE BY GOVERNORS SHOULD NOT BE A SOURCE OF
ANNOYANCE OR VEXATION TO THE PEOPLE OF THE PROVINCES 92
X. .......................................................... 92
XI. GOVERNORS SHALL NOT OBEY ANY ORDERS HAVING REFERENCE TO RELIGIOUS MATTERS WHICH MAY BE COMMUNICATED TO THEM ................................................ 92
XII. WHERE PERSONS ARE CONDEMNED TO DEATH THEIR PROPERTY SHALL NOT BE CONFISCATED BUT SHALL PASS TO THE NEXT OF KIN ............................................... 93
XIII. CONCERNING THE PROHIBITION OF EXERTING UNJUST PROTECTION 93
XIV. No ONE SHALL PRESUME TO HARBOR SERFS BELONGING TO OTHER
CENSUS TENANTS ...................................... 93
XV. CONCERNING THE ASSERTION OF CLAIMS TO THE PROPERTY OF
OTHERS .............................................. 94
XVI. WHAT GOVERNORS SHOULD DO WHEN THEY FIRST ENTER THEIR
PROVINCES ............................................ 94
XVII. CONCERNING ARMS ........................................ 94
TITLE V. CONCERNING THE LEGAL PORTIONS OF THE THIRD AND HALF OF ESTATES ;
AND OF THE SUCCESSIONS OF NATURAL CHILDREN AND GRANDCHILDREN; OF HOTCHPOT AND DISTRIBUTION; AND OF THE DISAVOWAL OF THE EXECUTION OF INSTRUMENTS OR THE PAYMENT OF MONEY, AS WELL AS OF PROPERTY IN THE POSSESSION OF OTHERS. EIGHTEENTH NEW CONSTITUTION ............................ 95
PAGE
PREFACE .............................•••••••••••••••••••••••••• 95
I. CONCERNING THE LAWFUL SHARE WHICH FATHERS SHOULD LEAVE TO THEIR CHILDREN; THAT is A THIRD WHERE THERE ARE FOUR OR LESS, AND HALF WHERE THERE ARE MORE THAN FOUR ............................................ 96
II THE LEGAL SHARE OF CHILDREN OCCUPYING MUNICIPAL OFFICES
SHALL BE NINE-TWELFTHS OF THE ESTATE. ................ 96
III. WHERE A FATHER LEAVES His CHILDREN THE MERE OWNERSHIP
OF His PROPERTY AND His WIFE THE USUFRUCT OF THE SAME 96
IV. IN WHAT WAY CHILDREN DESCENDING IN THE FEMALE LINE CAN
SUCCEED IN CASE OF INTESTACY.......................... 97
V. CONCERNING CONCUBINES AND NATURAL CHILDREN, AND IN WHAT
WAY THEY CAN SUCCEED IN CASE OF INTESTACY. ........... 98
VI. CONCERNING COLLATION IN CASE OF DOWRIES OR ANTE-NUPTIAL
DONATIONS ............................................ 99
VII. WHERE A FATHER DESIRES TO DIVIDE His ESTATE AMONG His
CHILDREN DURING His LIFETIME. ......................... 99
Vill. WHERE ANYONE DENIES His OWN HANDWRITING. ............... 100
IX. CONCERNING DENIALS BY GUARDIANS AND CURATORS. ............. 101
X. CONCERNING EXCEPTIONS OF BAD FAITH PLEADED BY POSSESSORS. . 102
XI. IN WHAT WAY CONCUBINES OF A SERVILE CONDITION CAN BECOME
LAWFUL WIVES ........................................ 103
TITLE VI.
CONCERNING CHILDREN BORN AFTER THE EXECUTION OF THE DOTAL
CONTRACT. NINETEENTH NEW CONSTITUTION .................................. 104
PREFACE ............................................•••••••••••• 1°4
I. THE LAST CHAPTER OF THE TWELFTH NOVEL HAS REFERENCE TO CASES
WHICH HAVE NOT YET BEEN DECIDED OR COMPROMISED ......... 105
TITLE VII.
CONCERNING THE OFFICIALS CHARGED WITH PRESENTING APPEALS TO THE
EMPEROR. TWENTIETH NEW CONSTITUTION .................................... 105
PREFACE ........................................................ 105
I. THE OFFICIALS ATTACHED TO THE PRAETORIAN PREFECTURE SHOULD
ALONE BE EMPLOYED IN APPEALS .......................... 106
II. ........................................................... 106
III. ........................................................... 107
IV. ........................................................... 107
V. ........................................................... 107
VI . . .................................... 107
VII. ........................................................... 108
Vill. ........................................................... 108
IX. ........................................................... 108
TITLE Vill.
CONCERNING THE ARMENIANS.
TWENTY-SECOND NEW CONSTITUTION ............................... 108
I. ............................................................... 109
II. ........'"''.'.!................................................ 109
FOURTH COLLECTION.
TITLE I.
CONCERNING MARRIAGE. PAGE TWENTY-SECOND NEW CONSTITUTION ................................ 110
PREFACE ........................................................ 110
I. THIS CONSTITUTION SHALL BE OPERATIVE IN THE FUTURE,
BUT SHALL NOT APPLY TO ANYTHING THAT is PAST. .... Ill
II. MARRIED PERSONS CAN BY WILL RELEASE THEMSELVES FROM THE PENALTY IMPOSED BY THIS LAW UPON THOSE WHO CONTRACT SECOND MARRIAGES ........................ 112
III. IN WHAT WAY MARRIAGE is EFFECTED AND DISSOLVED. ...... 112
IV. CONCERNING DISSOLUTIONS OF MARRIAGE AND DIVORCES WHICH TAKE PLACE BY COMMON CONSENT AND IN OTHER WAYS ............................................. 112
V. CONCERNING MONASTICISM .............................. 113
VI. CONCERNING IMPOTENCE ................................ 113
VII. CONCERNING CAPTIVITY ................................. 113
Vill. CONCERNING PENAL SERVITUDE ........................... 114
IX. DISCOVERY OF THE SERVILE CONDITION. ................... 114
X. CONCERNING PERSONS WHO MARRY FEMALE SLAVES' SUPPOSING
THEM TO BE FREE................................... 115
XI. ....................................................... 115
XII. WHERE A MALE OR FEMALE SLAVE WHO is ILL is ABANDONED
BY His OR HER MASTER .............................. 115
XIII. ....................................................... 116
XIV. THE FIFTH MANNER OF DISSOLVING MARRIAGE BY COMMON
CONSENT, AND CONCERNING ABANDONMENT. ............ 116
XV. CAUSES FOR REPUDIATION ................................ 117
XVI. ....................................................... 118
XVII. CONCERNING SERFS WHO CANNOT MARRY FREE WOMEN. .... 119 XVIII. CONCERNING MARRIAGES CONTRACTED WITH DOTAL INSTRUMENTS ............................................ 119
XIX. CONCERNING REPUDIATIONS MADE BY SONS UNDER PATERNAL
CONTROL .......................................... 120
XX. ....................................................... 120
XXI. CONCERNING UNGRATEFUL CHILDREN ...................... 122
XXII. CONCERNING SECOND MARRIAGES .......................... 122
XXIII. WHERE A WOMAN MARRIES AGAIN AFTER THE YEAR OF MOURNING HAS ELAPSED, AND CONCERNING THE PROFIT OF THE DOWRY AND ANTE-NUPTIAL DONATION. ......... 124
XXIV. ....................................................... 124
XXV. ....................................................... 125
XXVI. CONCERNING THE BENEFIT TO BE DERIVED FROM DOWRIES AND ANTE-NUPTIAL DONATIONS WHEN AN AGREEMENT HAS BEEN DRAWN UP WITH REFERENCE TO THEIR BEING NO ISSUE BY THE MARRIAGE. (SEE NOVEL II, CHAPTER II.).. 125
XXVII. CONCERNING THE PROHIBITION OF ALIENATING MORE THAN A
SINGLE SHARE OF PROPERTY OBTAINED BY MARRIAGE ..... 126 XXVIII. .................'...................................... 127
XXIX. CHILDREN BY BOTH MARRIAGES SHALL RECEIVE RESPECTIVELY THE PROPERTY OBTAINED BY THE MARRIAGE OF WHICH THEY ARE THE ISSUE ................................ 128
XXX. No MATTER BY WHAT KIND OF A DIVORCE A MARRIAGE MAY BE DISSOLVED, ALL THE PROPERTY ACQUIRED THEREFROM MUST BE PRESERVED FOR THE CHILDREN WHO ARE THE ISSUE OF THE SAME................................. 128
XXXI. A DOWRY OR A DONATION ON ACCOUNT OF MARRIAGE GIVEN AT THE TIME OF THE FIRST NUPTIALS CAN EITHER BE INCREASED OR DIMINISHED, AND THIS CAN ALSO BE DONE IN CASE OF A SECOND MARRIAGE WHERE THERE ARE NO SURVIVING CHILDREN WHO ARE THE ISSUE OF THE FIRST 129
XXXII. CONCERNING THE USUFRUCT LEFT BY A HUSBAND TO His WIFE OR A DONATION MADE BEFORE THE MARRIAGE WAS CONTRACTED ........................................... 129
XXXIII. WHERE THE USUFRUCT OF PROPERTY is GIVEN BY WAY OF
DOWRY OR ANTE-NUPTIAL DONATION .................. 130
XXXIV. A FATHER DOES NOT LOSE THE USUFRUCT OF PROPERTY WHICH BELONGED TO THE MOTHER OR WAS ACQUIRED BY MARRIAGE ......................................... 130
XXXV. WHERE A WOMAN WHO HAS GIVEN PROPERTY TO HER CHILDREN DESIRES TO REVOKE THE GIFT ON ACCOUNT OF THEIR INGRATITUDE, AFTER SHE HAS CONTRACTED A SECOND MARRIAGE ......................................... 131
XXXVI. WHERE A WOMAN HAS CONTRACTED A SECOND MARRIAGE SHE CANNOT TAKE ADVANTAGE OF THE RANK OR PRIVILEGES OF HER FIRST HUSBAND. ............................. 131
XXXVII. CONCERNING FREEDWOMEN WHO MARRY THEIR PATRONS. ... 131
XXXVIII. ....................................................... 131
XXXIX. WHERE A HUSBAND RETURNS THE DOWRY TO His WIFE DURING
MARRIAGE ......................................... 132
XL. WHERE A WOMAN WHO is ADMINISTERING THE GUARDIANSHIP
OF HER CHILDREN MARRIES A SECOND TIME. ........... 132
XLI. THE LAW OF ZENO, RELATING TO A LEGACY SUBJECT TO A CONDITION LEFT BY A FATHER OR A MOTHER TO His OR HER CHILDREN, is HEREBY CONFIRMED ................. 133
XLII. CONCERNING ECCLESIASTICS WHO CANNOT MARRY. (SEE
NOVEL' VI.) ....................................... 133
XLIII. WHERE A HUSBAND LEAVES PROPERTY TO His WIFE ON CONDITION THAT SHE DOES NOT MARRY AGAIN; AND CONCERNING THE LEX JULIA MISCELLA .................... 134
XLIV. ....................................................... 135
XLV. CONCERNING THE ADMINISTRATION OF DONATIONS MADE IN CONSIDERATION OF MARRIAGE. (THE SAME SUBJECT HAS BEEN TREATED IN NOVEL II, CHAPTER IV.) ............ 137
XLVI. CONCERNING THE SUCCESSION OF MOTHERS TO THE ESTATES OF THEIR CHILDREN, TO WHAT SHARE OF THE SAME THEY ARE ENTITLED, AND How THEY CAN ACQUIRE IT. ....... 138
XLVII. ....................................................... 139
XLVIII. PARENTS SHALL ENDEAVOR TO PRESERVE EQUALITY AMONG
CHILDREN BY THE FIRST AND SECOND MARRIAGES ........ 140
TITLE II.
CONCERNING APPEALS, AND WITHIN WHAT TIME THEY SHOULD BE TAKEN.
TWENTY-THIRD NEW CONSTITUTION ................................. 142
PREFACE ........................................................ 142
I. ............................................................. 142
II. CONSIDERING CONSULTATIONS .................................. 143
III. CONCERNING APPEALS IN EGYPT, ASIA, PONTUS, AND ELSEWHERE. .. 143
IV. APPEALS FROM MAGISTRATES SHOULD BE BROUGHT BEFORE THOSE OF
HIGHER RANK ........................................... 144
CONCERNING MAGISTRATES TO WHOM APPEALS SHALL BE TAKEN WHEN THE VALUE OF THE PROPERTY INVOLVED DOES NOT EXCEED TEN POUNDS OF GOLD. I . . ........................................................ 144
II. .............................................................. 145
TITLE III.
CONCERNING THE GOVERNOR OF PISIDIA. TWENTY-FOURTH NEW CONSTITUTION ................................ 145
PREFACE ........................................................ 145
II. ............................................................. 146
III. ............................................................. 147
IV. ............................................................. 148
V. ............................................................. 149
VI. ............................................................. 149
TITLE IV.
CONCERNING THE PRAETOR OF LYCAONIA. TWENTY-FIFTH NEW CONSTITUTION ................................. 150
PREFACE ........................................................ 150
I. ............................................................. 150
II. ............................................................. 151
III. ............................................................. 152
IV. .............................................................. 153
V. ............................................................. 153
VI. ............................................................. 154
TITLE V.
CONCERNING THE PRAETOR OF THRACE. TWENTY-SIXTH NEW CONSTITUTION ................................. 155
PREFACE ........................................................ 155
I. .............................................................. 156
II. ............................................................. 157
HI. ............................................................. 157
IV. ............................................................. 158
V. ............................................................. 159
TITLE VI.
CONCERNING THE COUNT OF ISAURIA. TWENTY-SEVENTH NEW CONSTITUTION ............................... 160
PREFACE ........................................................ 160
I. .............................................................. 160
II. .............................................................. 161
TITLE VII.
CONCERNING THE GOVERNOR OF THE HELLESPONT. TWENTY-EIGHTH NEW CONSTITUTION ................................ 162
PREFACE ........................................................ 162
I. ........................................................... 163
II. ........................................................... 163
III. ........................................................... 163
IV. ........................................................... 164
V. ........................................................... 165
VI. ........................................................... 166
VII. ........................................................... 166
Vill. ........................................................... 167
TITLE Vill.
CONCERNING THE PRAETOR OF PAPHLAGONIA.
TWENTY-NINTH NEW CONSTITUTION ................................. 167
PREFACE ..................................... .................. 167
I. ............................................................ 167
II. ............................................................. 168
III. ............................................................. 169
IV. ............................................................. 170
V. ............................................................. 170
TITLE IX.
CONCERNING THE PROCONSUL OF CAPPADOCIA.
THIRTIETH NEW CONSTITUTION ..................................... 171
PREFACE ........................................................ 171
I. ........................................................... 172
II. ........................................................... 172
III. ........................................................... 173
IV. ........................................................... 173
V. ........................................................... 174
VI. ...............'............................................ 175
VII. ........................................................... 175
Vill. ........................................................... 177
IX. ........................................................... 178
X. ........................................................... 178
XI. ........................................................... 179
TITLE X.
CONCERNING THE DIVISION OF ARMENIA INTO FOUR JURISDICTIONS. THIRTY-FIRST NEW CONSTITUTION ................................... 180
PREFACE ........................................................ 180
I. ............................................................. 181
II. ............................................................ 182
III. ............................................................. 182
TITLE XI. PAGE
No ONE SHALL RETAIN THE LAND OF A FARMER GIVEN BY WAY OF SECURITY FOR A LOAN, NOR SHALL CREDITORS RECEIVE EXCESSIVE INTEREST FROM FARMERS.
THIRTY-SECOND NEW CONSTITUTION ................................ 183
I. ............................................................... 183
TITLE XII.
CONCERNING THOSE WHO MAKE LOANS TO FARMERS. THIRTY-THIRD NEW CONSTITUTION .................................. 184
TITLE XIII.
No ONE WHO HAS LENT MONEY TO A FARMER SHALL RETAIN His LAND WHICH HAS BEEN GIVEN AS SECURITY, AND WHAT RATE OF INTEREST CREDITORS ARE ALLOWED TO RECEIVE FROM FARMERS.
THIRTY-FOURTH NEW CONSTITUTION ................................. 185
I. ............................................................... 185
TITLE XIV.
CONCERNING THE ASSISTANTS OF THE QUAESTOR. THIRTY-FIFTH NEW CONSTITUTION .................................. 186
TITLE XV.
CONCERNING THE SUCCESSORS OF THOSE WHO RESIDE IN AFRICA. THIRTY-SIXTH NEW CONSTITUTION .................................. 186
TITLE XVI.
CONCERNING THE CHURCHES OF AFRICA. THIRTY-SEVENTH NEW CONSTITUTION ............................... 187
TITLE XVII.
CONCERNING DECURIONS AND THEIR CHILDREN. THIRTY-EIGHTH NEW CONSTITUTION ................................ 187
I. ............................................................. 189
II. ............................................................. 190
III. ............................................................. 190
IV. ............................................................. 191
V. ............................................................. 191
VI. ............................................................. 191
EXCEPTION ...................................................... 192
TITLE XVIII. CONCERNING RESTITUTIONS, AND WOMEN WHO HAVE CHILDREN AFTER
THE ELEVENTH MONTH FROM THE DEATH OF THEIR HUSBANDS. THIRTY-NINTH NEW CONSTITUTION ................................. 192
PREFACE ........................................................ 193
I. WHERE A MAN APPOINTS ONE OF His CHILDREN OR A STRANGER His
HEIR .................................................... 194
II. CONCERNING A WOMAN WHO HAS A CHILD AFTER THE ELEVENTH
MONTH ................................................... 195
TITLE XIX. PAGE THE CHURCH OF THE HOLY RESURRECTION CAN ALIENATE BUILDINGS
BELONGING TO IT IN THE CITY IN WHICH IT is SITUATED. FORTIETH NEW CONSTITUTION ...................................... 196
PREFACE .........................••.••..•.••..•.•••••••......... 196
I. ................................................ .............. 197
TITLE XX.
CONCERNING QUAESTORS, THAT is TO SAY, PREFECTS OF THE ISLANDS. FORTY-FIRST NEW CONSTITUTION ................................... 199
TITLE XXI. CONCERNING THE DEPOSITION OF ANTHIMIUS, SEVERUS, PETER, ZOARAS,
AND OTHERS. FORTY-SECOND NEW CONSTITUTION ................................. 199
PREFACE ....................................................... 199
I. ............................................................. 200
II. ............................................................. 201
III. ............................................................. 202
TITLE XXII.
CONCERNING THE WAREHOUSES OR SHOPS OF THE CITY OF CONSTANTINOPLE, OF WHICH ELEVEN HUNDRED ARE SET APART FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUNERALS CONDUCTED IN THE PRINCIPAL HOLY CHURCH. ALL THE OTHERS, NO MATTER TO WHOM THEY BELONG, SHALL ONLY BE SUBJECT TO ORDINARY CHARGES. FORTY-THIRD NEW CONSTITUTION ................................... 203
PREFACE ........................................................ 203
I. ....................................... ....................... 204
TITLE XXIII. CONCERNING NOTARIES WHO ARE REQUIRED TO PLACE PROTOCOLS AT THE
BEGINNING OF PUBLIC DOCUMENTS. FORTY-FOURTH NEW CONSTITUTION ................................. 206
PREFACE ......................................................... 206
I. .............................................................. 206
II. NOTARIES SHALL WRITE THE INSTRUMENT UPON THE SAME SHEET WHICH CONTAINS THE PROTOCOL, THE DATE, AND THE NAME OF THE CONSUL .............................................. 208
TITLE XXIV.
NEITHER JEWS, SAMARITANS, NOR HERETICS SHALL BE RELEASED FROM CURIAL OBLIGATIONS ON ACCOUNT OF THEIR RELIGION, BUT THEY SHALL PERFORM CURIAL FUNCTIONS WITHOUT ENJOYING CURIAL PRIVILEGES, AND THOSE WHO ARE LIABLE TO THESE OBLIGATIONS SHALL BE PERMITTED TO GIVE TESTIMONY AGAINST ORTHODOX CHRISTIANS AS WELL AS IN FAVOR OF THE ORTHODOX GOVERNMENT. FORTY-FIFTH NEW CONSTITUTION ................................... 209
PREFACE ........................................................ 209
I. ............................................................... 209
FIFTH COLLECTION.
TITLE I. PAGE
CONCERNING THE ALIENATION OF ECCLESIASTICAL LANDS, AND THEIR RELEASE WHEN PLEDGED.
FORTY-SIXTH NEW CONSTITUTION ................................... 211
PREFACE ........................................................ 211
I. ............................................................. 212
II. ............................................................. 212
III. ............................................................. 212
TITLE II.
THE NAME OF THE EMPEROR SHALL BE PLACED AT THE HEAD OF ALL PUBLIC DOCUMENTS, AND THE DATE SHALL BE WRITTEN PLAINLY IN LATIN CHARACTERS.
FORTY-SEVENTH NEW CONSTITUTION ................................ 213
PREFACE ........................................................ 213
I. .............................................................. 214
II. DATES WRITTEN IN LATIN SHALL BE PLAIN AND LEGIBLE. ........... 214
TITLE III.
CONCERNING THE OATH TAKEN BY A DYING PERSON AS TO WHAT His ESTATE CONSISTS OF.
FORTY-EIGHTH NEW CONSTITUTION ................................. 215
PREFACE ........................................................ 215
I. ............................................................... 215
TITLE IV.
CONCERNING THOSE WHO APPEAL; AND WHEN A COMPARISON OF THE HANDWRITING OF PERSONS CAN BE MADE, AND CONCERNING THE OATH TO BE TAKEN TO OBTAIN DELAY, AS WELL AS THE OATH OF CALUMNY.
FORTY-NINTH NEW CONSTITUTION .................................. 216
PREFACE ........................................................ 217
I. A CASE TAKEN UP ON APPEAL SHALL BE TERMINATED AT THE END
OF THE SECOND YEAR ...................................... 217
II. COMPARISONS OF HANDWRITING SHALL ONLY BE MADE IN THE CASE OF PUBLIC DOCUMENTS, AND IN THE CASE OF PRIVATE INSTRUMENTS WHERE THE ADVERSE PARTY CAN USE THEM FOR His OWN ADVANTAGE ......................................... 219
III. CONCERNING THE UNION OF THE OATH TAKEN TO OBTAIN DELAY
WITH THE OATH OF CALUMNY. ............................. 219
TITLE V.
CONSTITUTION ADDRESSED TO BONUS, QUAESTOR OF THE ARMY, PRESCRIBING BY WHOM APPEALS TAKEN FROM FIVE PROVINCES, NAMELY CARIA, CYPRUS, THE CYCLADES ISLANDS, MYSIA, AND SCYTHIA, SHALL BE HEARD AND DETERMINED.
FIFTIETH NEW CONSTITUTION ....................................... 220
PREFACE ........................................................ 220
TITLE VI. PAGE
WHERE PROSTITUTES FURNISH SURETIES, OR TAKE AN OATH TO CONTINUE TO PURSUE THEIR EVIL LIFE, THEY CAN VIOLATE THEIR CONTRACTS WITHOUT ANY RISK TO THEMSELVES. FIFTY-FIRST NEW CONSTITUTION .................................... 222
PREFACE ........................................................ 222
I. ............................................................... 222
TITLE VII.
PLEDGES SHALL NOT BE MADE FOR THE BENEFIT OF THIRD PERSONS. DONATIONS MADE BY PRINCES TO PRIVATE PERSONS DO NOT REQUIRE TO BE RECORDED, ANY MORE THAN DONATIONS BY PRIVATE PERSONS TO THE EMPERORS. FIFTY-SECOND NEW CONSTITUTION .................................. 223
PREFACE ........................................................ 223
I. CONCERNING PLEDGE .......................................... 224
II. DONATIONS MADE BY PRIVATE PERSONS TO THE EMPEROR DO NOT
REQUIRE TO BE RECORDED .................................... 224
TITLE Vill.
CONCERNING DEFENDANTS SUMMONED AND BROUGHT INTO COURT; AND CONCERNING THE DELAY OF TWENTY DAYS GRANTED TO THOSE NOTIFIED TO APPEAR; AND CONCERNING THOSE WHO FURNISH JURATORY SECURITY AND WHO DISAPPEAR BEFORE JOINDER OF ISSUE TAKES PLACE; AND CONCERNING HYPOTHECATIONS WHICH ARE STYLED Ex-CASU, AND WHAT PERSONS HAVE THIS RIGHT, AND UNDER WHAT CIRCUMSTANCES THEY CAN AVAIL THEMSELVES OF IT. CONCERNING • WIVES WHO ARE UNENDOWED, AND ARE ENTITLED TO A FOURTH OF THE ESTATES OF THEIR HUSBANDS, WHO, ON THE OTHER HAND, ARE ALSO ENTITLED TO A FOURTH OF THE ESTATES OF THEIR WIVES, WHEN EITHER OF THE SURVIVORS is POOR. FIFTY-THIRD NEW CONSTITUTION ................................... 225
PREFACE ........................................................ 225
I. CONCERNING DEFENDANTS WHO ARE SUMMONED FROM ONE PROVINCE TO ANOTHER ......................................... 225
II. CONCERNING THE BOND TO BE FURNISHED BY THOSE WHO SUMMON
DEFENDANTS TO APPEAR OUTSIDE OF THEIR OWN PROVINCE. .... 226
III. THE TERM OF TWENTY DAYS SHALL BE GRANTED TO THE DEFENDANT
AFTER SERVICE HAS BEEN MADE UPON HIM .................. 226
IV. CONCERNING JURATORY SECURITY ................................ 228
V. CONCERNING HYPOTHECATIONS CALLED EX-CASU MILITIARUM, AND WHAT PERSONS SHALL BE ENTITLED TO THIS RIGHT, AND WHEN THEY CAN EXERCISE IT .................................... 228
VI. CONCERNING A POOR WOMAN WHO is UNENDOWED. ................ 229
TITLE IX.
THE CONSTITUTION WHICH DECLARES THE ISSUE OF A SERF AND A FREE WOMAN TO BE FREE SHALL BE OF NO ADVANTAGE TO CHILDREN BORN BEFORE THE PROMULGATION OF THIS CONSTITUTION, BUT ONLY TO THOSE WHO ARE BORN SUBSEQUENTLY. RELIGIOUS HOUSES, WITH THE EXCEPTION OF THE PRINCIPAL CHURCH, SHALL NOT BE PERMITTED TO EXCHANGE IMMOVABLE ECCLESIASTICAL PROPERTY WITH ONE ANOTHER, EVEN WHEN AUTHORIZED TO DO so BY A FORMER DECREE.
FIFTY-FOURTH NEW CONSTITUTION ................................. 230
PAGE
PREFACE ........................................................ 231
I. A CHILD BORN OF A SERF AND A FREE WOMAN SHALL BE FREE. ...... 231
II. THE STEWARDS OF RELIGIOUS HOUSES ARE AUTHORIZED TO MAKE EXCHANGES OF PROPERTY BELONGING TO SAID HOUSES, WITH THE EXCEPTION OF THAT OF THE CHURCH OF CONSTANTINOPLE ...... 231
TITLE X.
CONCERNING THE PROHIBITION OF FRAUDULENTLY EXCHANGING ECCLESIASTICAL PROPERTY FOR THAT OF THE EMPEROR, IN ORDER BY so DOING TO TRANSFER IT TO OTHER PERSONS, FOR SUCH EXCHANGES SHALL ONLY BE MADE WITH THE IMPERIAL HOUSE. ALSO CONCERNING THE AUTHORITY GRANTED TO CHURCHES TO MAKE PERPETUAL EMPHYTEUTIC CONTRACTS WITH EACH OTHER, WHEN A DECREE HAS BEEN OBTAINED FOR THAT PURPOSE, THE PRINCIPAL CHURCH OF THIS CITY EXCEPTED, WITH THE UNDERSTANDING THAT THE EMPHY-TEUSIS SHALL NOT BE TRANSFERRED TO A PRIVATE PERSON. FIFTY-FIFTH NEW CONSTITUTION ................................... 233
PREFACE ........................................................ 233
I. .............................................................. 233
II. CHURCHES SHALL BE PERMITTED TO MAKE PERPETUAL EMPHYTEUTICAL
CONTRACTS WITH ONE ANOTHER. ............................ 234
TITLE XL
THE CONTRIBUTIONS ORDINARILY MADE BY MEMBERS OF THE CLERGY AT THEIR ORDINATION SHALL CONTINUE TO BE PAID IN THE PRINCIPAL CHURCH, BUT NOT IN OTHER CHURCHES. FIFTY-SIXTH NEW CONSTITUTION ................................... 234
PREFACE ........................................................ 235
I- ............................................................... 235
TITLE XII.
THE SALARIES OF ECCLESIASTICS WHO ABANDON THEIR CHARGES SHALL BE GIVEN TO THOSE WHO ARE SUBROGATED TO THEM. THE FORMER SHALL NOT BE REINSTATED EVEN IF THEY so DESIRE, AND IF ANYONE WHO HAS BUILT A CHURCH, OR PAID THE SALARIES OF ECCLESIASTICS IN THE SERVICE OF ONE SHOULD WISH TO APPOINT OTHERS, HE CANNOT DO so WITHOUT THE APPROVAL OF THE MOST HOLY PATRIARCH. FIFTY-SEVENTH NEW CONSTITUTION ................................. 235
PREFACE ........................................................ 236
I. CONCERNING ECCLESIASTICS WHO SHOULD BE SUBROGATED TO MEMBERS OF THE CLERGY WHO HAVE ABANDONED THEIR CHURCHES .. 236
II. FOUNDERS OF CHURCHES SHALL NOT BE PERMITTED TO ACTUALLY APPOINT ECCLESIASTICS FOR SAID CHURCHES, BUT MERELY TO PRESENT THEM FOR APPOINTMENT. .......................... 236
TITLE XIII.
SACRED MYSTERIES SHALL NOT BE CELEBRATED IN PRIVATE HOUSES. FIFTY-EIGHTH NEW CONSTITUTION .................................. 237
PREFACE ........................................................ 237
TITLE XIV.
CONCERNING THE FUNERAL EXPENSES OF DECEASED PERSONS.
FIFTY-NINTH NEW CONSTITUTION ................................... 238
PREFACE ........................................................ 239
PAGE I ................................. 239
u.'.'.'.'.'.'.'.'.'.'..!!!!!!!!!!!!!!'.!!................................. 240
HI. ............................................................. 241
IV...................... ........................................ 241
V ........................................................... 242
VI''..........................................................-. 242
VIL ;.........................................................-.. 243
TITLE XV.
NEITHER THE BODY OF THE DECEASED NOR His FUNERAL CEREMONIES SHALL SUFFER INJURY AT THE HANDS OF His CREDITORS. COUNCILLORS SHALL NOT TAKE COGNIZANCE OF CASES IN THE ABSENCE OF JUDGES. SIXTIETH NEW CONSTITUTION. ...................................... 244
PREFACE ......................•••••••••••••••••••••••••••••••••• 244
I. CONCERNING CREDITORS WHO THREATEN THEIR DECEASED DEBTORS.
(AFTER JULIANUS.) .................••••••••••••••••.••••••• 245
II. NEITHER COUNCILLORS NOR ASSESSORS SHALL TAKE COGNIZANCE OF
CASES IN THE ABSENCE OF MAGISTRATES ...................... 246
TITLE XVI.
IMMOVABLE PROPERTY OF WHICH ANTE-NUPTIAL DONATIONS ARE COMPOSED SHALL NEITHER BE HYPOTHECATED NOR ALIENATED IN ANY WAY BY THE HUSBAND EVEN WITH THE CONSENT OF THE WIFE, UNLESS HE HAS SUFFICIENT PROPERTY TO AFTERWARDS SATISFY HER CLAIM ; AND THE SAME RULE SHALL ALSO APPLY TO DOWRIES. SIXTY-FIRST NEW CONSTITUTION ............................•••••••• 248
PREFACE ..............................•••••••••••••••••••••••••• 248
I. IMMOVABLE PROPERTY COMPOSING AN ANTE-NUPTIAL DONATION CAN UNDER NO CIRCUMSTANCES BE EITHER HYPOTHECATED OR ALIEN-
ATED .............................•••••••••••••••••••••••• 24S
TITLE XVII.
CONCERNING CONSULTATIONS. SIXTY-SECOND NEW CONSTITUTION .........................••••••••• 25°
TITLE XVIII.
CONCERNING NOTICE OF A NEW WORK WHICH OBSTRUCTS THE VIEW OF
THE SEA. SIXTY-THIRD NEW CONSTITUTION .......................•••••••••••• 251
PREFACE .....................................•••••••••••••••••••• 251
I. ......;.............................•••••••••••• 251
TITLE XIX.
CONCERNING THE GARDENERS OF THE CITY OF CONSTANTINOPLE. SIXTY-FOURTH NEW CONSTITUTION .................................. 252
PREFACE ...............................•••••••••••••••••••••••••• 252
I ....................... 252
IL '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'............................•.. 254
TITLE XX. PAGE
LANDS, HOUSES, OR VINEYARDS WHICH HAVE BEEN LEFT TO THE MOST HOLY CHURCH OF MYSIA FOR THE EEDEMPTION OF CAPTIVES OR THE MAINTENANCE OF THE POOR MAY BE ALIENATED IN ACCORDANCE WITH THE DISTINCTION SET FORTH IN THIS LAW. SIXTY-FIFTH NEW CONSTITUTION ................................... 254
PREFACE ......................................................... 254
TITLE XXI.
NEW CONSTITUTIONS SHALL BECOME OPERATIVE Two MONTHS AFTER THEY HAVE BEEN RECORDED. INDULGENCE is SHOWN TO TESTATORS WHO HAVE NOT LITERALLY COMPLIED WITH THE PROVISIONS OF CONSTITUTIONS RELATING TO WILLS, WHERE THEY HAVE LEFT LESS THAN A FOURTH OF THEIR ESTATES TO THEIR CHILDREN, AND HAVE NOT AFFIXED THEIR SIGNATURES, OR MENTIONED THE NAME OF THE HEIR.
SIXTY-SIXTH NEW CONSTITUTION .................................... 255
PREFACE ......................................................... 255
I. ............................................................... 256
TITLE XXII.
No ONE SHALL BUILD HOUSES OF WORSHIP WITHOUT THE CONSENT OF THE BISHOP. ANYONE WHO DOES so MUST FIRST PROVIDE SUFFICIENT REVENUE FOR THE MAINTENANCE AND REPAIR OF THE CHURCH WHICH HE BUILDS. BISHOPS SHALL NOT ABANDON THEIR CHURCHES. CONCERNING THE ALIENATION OP IMMOVABLE ECCLESIASTICAL PROPERTY.
SIXTY-SEVENTH NEW CONSTITUTION ................................. 258
PREFACE ......................................................... 258
I. ............................................................. 259
II. PERSONS WHO BUILD CHURCHES MUST PREVIOUSLY PROVIDE THE REVENUES FOR THEIR MAINTENANCE, THEIR CONSECRATION, AND THEIR PRESERVATION ..................................... 259
III. CONCERNING THE BISHOPS WHO DO NOT RESIDE IN THEIR OWN
CHURCHES. AFTER THE EPITOME OF JULIANUS. ............... 259
IV. CONCERNING THE ALIENATION OP IMMOVABLE ECCLESIASTICAL PROPERTY .................................................... 260
TITLE XXIII.
THE CONSTITUTION OF THE MOST HOLY EMPEROR CONCERNING THE SUCCESSION TO PROPERTY OBTAINED BY MARRIAGE, WHICH TREATS OF WHAT ARE CALLED AP.^DLE, THAT is TO SAY, THE ESTATES OF DECEASED CHILDREN. IT SHALL BECOME OPERATIVE IN CASES WHICH MAY ARISE AFTER ITS PROMULGATION, BUT THE CONSTITUTION OF LEO SHALL BE APPLICABLE TO THOSE WHICH HAVE ALREADY OCCURRED. SIXTY-EIGHTH NEW CONSTITUTION .................................. 260
PREFACE ......................................................... 261
L ............................................................... 261
TITLE XXIV.
ALL PERSONS SHALL OBEY THE PROVINCIAL JUDGES IN BOTH CRIMINAL AND PECUNIARY CASES, AND PROCEEDINGS SHALL BE CONDUCTED BEFORE THEM WITHOUT ANY EXCEPTION BASED UPON PRIVILEGE, AND PROVINCIALS SHALL NOT BE SUED HERE UNLESS THIS is AUTHORIZED BY AN IMPERIAL PRAGMATIC SANCTION.
SIXTY-NINTH NEW CONSTITUTION .................................. 262
PREFACE ...............................••••••••••••••••••••••••••• 262
I. ...........................................•••••••••••••••••• 262
II. CONCERNING DEFENDANTS WHO APPEAR. ........................ 263
III. CONCERNING DEFENDANTS WHO ARE ABSENT. ................... 264
IV. CONCERNING THE ABOLITION OF THE PRESCRIPTION OF THE PLACE ... 265
TITLE XXV.
THE ORDINARY URBAN PREFECTURES AND THE Two PRAETORIAN PREFEC-TURES AT PRESENT IN EXISTENCE SHALL HAVE AUTHORITY TO GRANT RELEASES FROM CURIAL REQUIREMENTS, BUT HONORARY PREFECTURES SHALL NOT POSSESS THIS POWER. SEVENTIETH NEW CONSTITUTION .................................... 266
PREFACE .....................•••••••••••••••••••••••••••••••••••• 266
I ...........................................••.••••••••••••••••• 267
TITLE XXVI.
ILLUSTRIOUS PERSONS AND THOSE WHO ARE OF HIGH RANK MUST UNDER ALL CIRCUMSTANCES BE REPRESENTED BY ATTORNEYS IN PECUNIARY CASES, AND IN THOSE RELATING TO CRIMINAL INJURY. THOSE WHO ARE KNOWN AS CLARISSIMI SHALL BE PERMITTED TO APPEAR IN PECUNIARY CASES EITHER IN THEIR OWN PROPER PERSON OR BY ATTORNEYS.
SEVENTY-FIRST NEW CONSTITUTION ................................. 268
PREFACE ..............................••••••••••••••••••••••••••• 268
I. ..........................................•••••••••••••••••••• 268
SIXTH COLLECTION.
TITLE I.
THOSE TO WHOM THE PROPERTY OF MINORS HAS BEEN HYPOTHECATED, OR WHO ARE THEMSELVES INDEBTED TO MINORS, SHALL NOT HAVE THEM UNDER THEIR CONTROL. CURATORS SHALL UNDER NO CIRCUMSTANCES ACCEPT ASSIGNMENTS AGAINST THOSE WHOSE AFFAIRS THEY ARE ADMINISTERING, OR WITH WHOSE CURATORSHIP THEY ARE INVESTED. THESE PROVISIONS' SHALL BE GENERALLY APPLICABLE TO EVERY SPECIES OF CURATORSHIP, AND TO ALL PERSONS TO WHOM THE LAWS GRANT CURATORS. CONCERNING THE ADMINISTRATION OF SUMS OF MONEY BELONGING TO THOSE WHOSE BUSINESS is TRANSACTED BY CURATORS, AND UNDER WHAT CIRCUMSTANCES THEY SHOULD BE PLACED ON DEPOSIT OR LOANED, AND WHAT SHOULD BE DONE WITH THE INCOME FROM SAID SUMS OF MONEY. SEVENTY-SECOND NEW CONSTITUTION ........................•••••••• 269
PREFACE ....................................••••••••••••••••••••• 269
I. WHO CANNOT BE EITHER THE GUARDIANS OR CURATORS OF MINORS
OR YOUTHS ................................•••.••••••••• 270
II. A CURATOR SHALL BE ADDED TO A GUARDIAN WHEN THE LATTER
HAS BECOME EITHER THE DEBTOR OR CREDITOR OF His WARD. . 270
III. No ONE SHALL BE RELEASED FROM THE DUTIES OF GUARDIANSHIP OR CURATORSHIP UNDER THE PRETEXT OF A DEBT, UNLESS HE CAN PROVE IT. .......................................... 270
PAGE
IV. WHERE A GUARDIAN OR CURATOR, WHO is EITHER THE DEBTOR OR CREDITOR OF A MINOR, DOES NOT MENTION THIS IN THE BEGINNING ............................................... 271
V. CURATORS SHALL NOT ACCEPT TRANSFERS OF ANY KIND CONTRARY
TO THE INTERESTS OF MINORS ............................. 271
VI. CONSIDERING THE CARE OF MONEY BELONGING TO WARDS OR MINORS 272 VII. ............................................................ 272
Vill. ............................................................ 273
TITLE II.
CONCERNING THE SECURITY AND RELIABILITY OF INSTRUMENTS, AND IN THE FIRST PLACE CONCERNING DEPOSITS, LOANS, AND OTHER PRIVATE TRANSACTIONS WHICH TAKE PLACE EITHER WITH OR WITHOUT WITNESSES; AND CONCERNING INSTRUMENTS PUBLICLY EXECUTED, AND THE COMPARISON OF THE HANDWRITING OF INSTRUMENTS EXECUTED BY ILLITERATE PERSONS, OR THOSE OF SLIGHT EDUCATION; CONCERNING VERBAL CONTRACTS AND THOSE IN WHICH AMOUNTS UP TO A POUND OF GOLD ARE INVOLVED; AND CONCERNING AGREEMENTS MADE IN THE FIELDS; CONCERNING THE APPLICATION OF THIS LAW TO DOCUMENTS AND CONTRACTS THAT ARE TO BECOME OPERATIVE AT SOME FUTURE TIME.
SEVENTY-THIRD NEW CONSTITUTION ................................. 274
PREFACE ......................................................... 274
I. CONSIDERING THE SECURITY OF AND THE CONFIDENCE TO BE EEPOSED IN WRITTEN INSTRUMENTS; AND, IN THE FIRST PLACE, CONCERNING DEPOSITS, AND IN WHAT WAY THEY CAN BE MADE WITH SAFETY .......................................... 275
II. IN WHAT WAY AN INSTRUMENT EVIDENCING A LOAN OR A DEPOSIT
CAN BE DRAWN UP WITHOUT THE PRESENCE OF A NOTARY. ... 275
III. WHERE A DISCREPANCY EXISTS BETWEEN THE CONTENTS OF A WRITTEN INSTRUMENT AND THE STATEMENTS OF THE WITNESSES ................................................ 276
IV. CONCERNING INSTRUMENTS EXECUTED WITHOUT SECURITY. ....... 276
V. How NOTARIES SHOULD DRAW UP INSTRUMENTS THAT WILL BE
SECURE ................................................ 276
VI. CONCERNING THE COMPARISON OF NOTES ....................... 277
VII. CONCERNING THE COMPARISON OF HANDWRITING ................. 277
Vill. IN WHAT WAY PERSONS IGNORANT OF LETTERS CAN SAFELY MAKE
CONTRACTS ............................................. 278
IX. CONCERNING CONTRACTS ENTERED INTO WITHOUT WRITING. ...... 278
TITLE III.
IN WHAT WAY NATURAL CHILDREN MAY BECOME LEGITIMATED AND INDEPENDENT, IN ADDITION TO THE METHODS PRESCRIBED BY FORMER CONSTITUTIONS.
SEVENTY-FOURTH NEW CONSTITUTION ............................... 279
PREFACE ......................................................... 279
I. CONCERNING VARIOUS WAYS OF LEGITIMATING NATURAL CHILDREN, AND CONCERNING LEGITIMATION BY MARRIAGE OR WHERE MARRIAGE is CONTRACTED WITH THE MOTHER OF NATURAL CHILDREN BY THEIR FATHER. ........................................ 281
II. CONCERNING LEGITIMATION BY WILL. ........................... 281
III. CONCERNING LEGITIMATION BY ADOPTION ........................ 282
PAGE
IV. WHO CANNOT CONTRACT MARRIAGE WITHOUT THE EXECUTION OF
DOTAL INSTRUMENTS. (JULIANUS No. 243.) .................. 282
V. WHERE ANYONE SWEARS UPON THE HOLY GOSPELS THAT HE WILL
MAKE A WOMAN WHO is IN His OWN HOUSE His WIFE. ....... 284
VI. WHO ARE LEGITIMATE CHILDREN, WHO ARE NATURAL CHILDREN, AND WHO BELONG TO NEITHER CLASS, THAT is TO SAY, ARE THE ISSUE OF A PROHIBITED UNION .............................. 285
TITLE IV.
CONCERNING APPEALS TAKEN IN SICILY.
SEVENTY-FIFTH NEW CONSTITUTION ................................. 286
EPITOME OF THE SAME NOVEL, FROM JULIANUS ....................... 286
TITLE V.
THIS CONSTITUTION INTERPRETS A PREVIOUS ONE WHICH TREATS OF THOSE WHO ENTER MONASTERIES AND THEIR PROPERTY, AND FROM WHAT DATE THE AFORESAID CONSTITUTION SHALL BECOME OPERATIVE. SEVENTY-SIXTH NEW CONSTITUTION ................................. 286
PREFACE ......................................................... 286
I. ............................................................... 287
TITLE VI.
MEN SHALL NOT COMMIT THE CRIME AGAINST NATURE, NOR SWEAR BY GOD'S HEAD, OR ANYTHING OF THIS KIND, NOR SHALL THEY BLASPHEME GOD. SEVENTY-SEVENTH NEW CONSTITUTION .............................. 288
PREFACE ......................................................... 288
I. ............................................................... 288
TITLE VII.
FREEDMEN SHALL NOT HEREAFTER REQUIRE A GOLD RING TO BE RESTORED TO THEIR ORIGINAL NATURAL CONDITION OF LIBERTY. CONCERNING THE EXECUTION OF DOTAL INSTRUMENTS WITH REFERENCE TO FREED-WOMEN. SUCH A MARRIAGE AND THE CHILDREN BORN FROM IT SHALL BE LEGITIMATE, AND IF THE WIFE WAS ORIGINALLY A FEMALE SLAVE, SHE SHALL BECOME FREE WHEN THE DOTAL INSTRUMENT is DRAWN UP, AND HER MARRIAGE SHALL BE LEGAL, AND THE ISSUE OF IT LEGITIMATE. SEVENTY-EIGHTH NEW CONSTITUTION ............................... 290
PREFACE ......................................................... 290
I. CONCERNING THE RIGHT TO WEAR A GOLD RING GRANTED TO ALL
FREEDMEN IN GENERAL. ................................... 291
II. CONCERNING THE REVERENCE AND RESPECT WHICH SHOULD BE MANIFESTED BY FREEDMEN TO THEIR PATRONS, ETC. ................ 291
III. WHERE A PATRON DESIRES TO MARRY A FREEDWOMAN ............. 292
IV. WHERE ANYONE HAS CHILDREN BY His FEMALE SLAVE ............ 292
V. REASON FOR THE ENACTMENT OF THIS CONSTITUTION. ............ 293
TITLE Vill.
BEFORE WHOM THE CASES OF MONKS AND ASCETICS SHALL BE TRIED. SEVENTY-NINTH NEW CONSTITUTION ................................ 294
PREFACE ......................................................... 294
I. WHERE ANYONE ATTEMPTS TO SUMMON A MONK OR AN ECCLESIASTIC
TO COURT ................................................ 294
II. CONCERNING THE ENFORCEMENT AND OBSERVANCE OF THIS CONSTITUTION AND THE DETERMINATION OF THE LEGAL CONTROVERSIES IN WHICH MONKS ARE CONCERNED .......................... 295
III. CONCERNING THOSE WHO VIOLATE THIS CONSTITUTION ............ 295
TITLE IX.
CONCERNING QUAESTORS. EIGHTIETH NEW CONSTITUTION ..................................... 296
PREFACE ......................................................... 296
I. CONCERNING THOSE WHO COME TO CONSTANTINOPLE ............. 296
II. CONCERNING FARMERS ....................................... 297
III. ............................................................ 297
IV. ............................................................ 297
V. CONCERNING STURDY BEGGARS ................................. 298
VI. CONCERNING FEES .......................................... 298
VII. CONCERNING FORGERY ....................................... 299
Vill. CONCERNING THE SALARIES OF THE QUAESTOR AND His SUBORDINATES ................................................. 299
IX. CONCERNING MAGISTRATES AND GOVERNORS ..................... 299
X. ............................................................ 300
TITLE X.
CONCERNING EMANCIPATION. A CONSTITUTION WHICH RELEASES FROM PATERNAL CONTROL A SON WHO is INVESTED WITH OFFICE AND THE EPISCOPACY.
EIGHTY-FIRST NEW CONSTITUTION .................................. 301
PREFACE ......................................................... 301
I. ............................................................. 302
II. PERSONS WHO ARE RELEASED FROM PATERNAL CONTROL BY REASON OF THEIR OFFICE SHALL RETAIN THEIR LEGAL RIGHTS UNIMPAIRED .................................................. 302
III. A SON SHALL BE RELEASED FROM PATERNAL CONTROL BY THE
BISHOP .................................................. 303
TITLE XL
CONCERNING JUDGES, AND THE FACT THAT NO ONE CAN RE SELECTED A JUDGE WHEN AN OATH is TAKEN TO ABIDE BY His DECISION. JUDGES SHALL RECEIVE ALL APPEALS AND THEY SHALL NOT STOP IN THE MIDST OF THE TRIAL OF A CASE IN OBEDIENCE TO A PRAGMATIC SANCTION DIRECTING THEM How TO DECIDE. EIGHTY-SECOND NEW CONSTITUTION ................................. 303
PREFACE ......................................................... 303
I. CONCERNING JUDGES SELECTED BY JUSTINIAN .................... 304
II. ONLY JUDGES APPOINTED BY THIS LAW SHALL BE PERMITTED TO
DELEGATE CASES ........................................ 305
III. CONCERNING THE ORDER AND THE TIME IN WHICH JUDGES SHALL
SIT .................................................... 305
IV. CONCERNING APPEALS ...................... ................ 305
V. CONCERNING THE JURISDICTION OF ORDINARY JUDGES ............. 306
VI. PARTIES SHALL BE ENTITLED TO THE TERM OF Two MONTHS IN WHICH TO FILE AN APPEAL, BUT AFTER THE LAPSE OF THAT TIME NO CORRECTION OF A DECISION CAN BE MADE. .......... 306
VII. THE SCHEDULE OF FEES INTRODUCED BY THE LAW OF JUSTINIAN
SHALL BE PRESERVED ..................................... 306
Vill. ANOTHER JUDGE SHALL BE APPOINTED BY THE EMPEROR TO TAKE
THE PLACE OF ONE WHO HAS BEEN REMOVED. .............. 307
IX. ORDINARY JUDGES SHALL BE ENTITLED TO Two AUREI AT THE BEGINNING OF A CASE AND TWO AT THE END. ................. 307
X. THE JUDGE MUST EXAMINE THE BILLS OF COST. ................. 307
XI. ARBITERS SHALL BE CHOSEN BY COMMON CONSENT AND NOT UNDER
OATH .................................................. 308
XII. CONCERNING APPEALS AND THE REQUIREMENT IMPOSED UPON MAGISTRATES TO RECEIVE THEM ............................... 309
XIII. CONCERNING DIFFERENT LETTERS ADDRESSED TO JUDGES ........... 309
XIV. CONCERNING REFERENCES .................................... 309
TITLE XII. MEMBERS OF THE CLERGY SHALL FIRST BE SUED BEFORE THEIR OWN
BISHOPS AND AFTERWARDS BEFORE CIVIL JUDGES. EIGHTY-THIRD NEW CONSTITUTION ................................. 310
PREFACE ......................................................... 310
I. ............................................................... 311
TITLE XIII.
CONCERNING FULL AND HALF BROTHERS. EIGHTY-FOURTH NEW CONSTITUTION ................................ 311
PREFACE ......................................................... 311
I. .............................................................. 312
II. .............................................................. 313
TITLE XIV. CONCERNING ARMS. EIGHTY-FIFTH NEW CONSTITUTION .................................. 313
PREFACE ......................................................... 314
I. ............................................................. 314
II. ............................................................. 314
III. ................'............................................. 314
IV. ............................................................. 315
V. ............................................................. 316
TITLE XV.
THE DIFFERENT JUDGES SHALL BE COMPELLED BY THE BISHOPS TO HEAR THE ALLEGATIONS OF THOSE WHO APPLY TO THEM, AND WHEN ANY SUSPICION OF A JUDGE is ENTERTAINED THE BISHOP OF THE CITY SHALL HEAR THE CASE WITH HIM ; AND CONCERNING OTHER PRECAUTIONS WHICH THE BISHOP MUST BY ALL MEANS TAKE. EIGHTY-SIXTH NEW CONSTITUTION .................................. 316
PREFACE ......................................................... 316
I. ............................................................ 317
II. ............................................................ 317
III. ............................................................ 317
IV. ............................................................ 318
V. ............................................................ 318
VI. ............................................................ 318
VII. ............................................................ 318
Vill. ............................................................ 318
IX. ............................................................ 318
TITLE XVI.
CONCERNING DONATIONS MORTIS CAUSA MADE BY DECURIONS. EIGHTY-SEVENTH NEW CONSTITUTION ............................... 319
PREFACE ......................................................... 319
I. ............................................................... 319
TITLE XVII.
CONCERNING DEPOSITS, NOTICES TO TENANTS, AND THE SUSPENSION OF
THE PUBLIC DISTRIBUTION OF PROVISIONS. EIGHTY-EIGHTH NEW CONSTITUTION ................................ 320
PREFACE ......................................................... 320
I. .............................................................. 321
II. CONCERNING THOSE WHO OPPOSE THE PUBLIC DISTRIBUTION OF PROVISIONS OR THE PAYMENT OF RENT. .......................... 321
SEVENTH COLLECTION.
TITLE I.
IN WHAT WAY NATURAL CHILDREN BECOME LEGITIMATE, AND CONCERNING THEIR SUCCESSION TO THEIR FATHERS EITHER UNDER THE TERMS OF A WILL OR IN CASE OF INTESTACY.
EIGHTY-NINTH NEW CONSTITUTION ................................. 322
PREFACE ......................................................... 322
I. CONCERNING NATURAL CHILDREN .............................. 323
II. CONCERNING THE FIRST METHOD OF LEGITIMATION, THAT is TO SAY,
BY AN OFFER MADE TO THE CURIA .......................... 324
III. CONCERNING THE SUCCESSION OF DECURIONS. ................... 326
IV. ........................................................... 327
V. .................".......................................... 327
VI. ........................................................... 327
VII. ........................................................... 328
Vill. CONCERNING THE SECOND METHOD OF LEGITIMATION BY MEANS OF
DOTAL INSTRUMENTS .................................... 329
IX. CONCERNING THE THIRD METHOD OF LEGITIMATION BY MEANS OF
IMPERIAL RESCRIPTS ..................................... 330
X. CONCERNING THE FOURTH METHOD OF LEGITIMATION BY MEANS OF
THE WILL OF THE FATHER CONFIRMED BY THE EMPEROR. ..... 331
XI. ........................................................... 331
XII. CONCERNING THE SUCCESSIONS OF ALL NATURAL CHILDREN. ...... 332
XIII. ........................................................... 334
XIV. ........................................................... 334
XV. THE OFFSPRING OF INTERCOURSE PROHIBITED BY LAW SHALL NOT
BE ENTITLED TO SUPPORT BY THEIR PARENTS ................ 335
TITLE II.
CONCERNING WITNESSES. NINETIETH NEW CONSTITUTION ..................................... 336
PREFACE ......................................................... 336
I. WITNESSES SHALL NOT BE ADMITTED TO TESTIFY UNLESS THEY ARE
OF UNBLEMISHED REPUTATION, OR JUDICIAL WITNESSES ...... 337
II. WITNESSES TO THE PAYMENT OF A PECUNIARY DEBT EVIDENCED BY A WRITTEN INSTRUMENT SHALL NOT BE SELECTED BY CHANCE ; AND CONCERNING WITNESSES TO DOCUMENTS IN GENERAL. .... 337
III. TESTIMONY SHALL BE REDUCED TO WRITING, AND WHY THIS is
DONE .................................................. 338
IV. WITNESSES SHALL NOT BE PRODUCED A FOURTH TIME WHEN WHAT THEY TESTIFY TO is ALREADY KNOWN; OR, IN OTHER WORDS, How MANY WITNESSES SHALL BE PRODUCED, AND IN WHAT WAY THIS SHOULD BE DONE .............................. 339
V. WITNESSES SHALL ONLY BE EXAMINED IN THEIR OWN PROVINCE
AND IN THE LOCALITY WHERE THEY ARE CALLED. ........... 340
VI. THE TESTIMONY OF A WITNESS WHO is ALLEGED TO BE A SLAVE SHALL BE RECEIVED, AND CONCERNING THE STATUS OF WITNESSES ................................................. 341
VII. WITNESSES SHALL BE EXCLUDED FROM TESTIFYING ON ACCOUNT OF
THEIR ENMITY; AND CONCERNING HOSTILE WITNESSES. ...... 341
Vill. MEDIATORS SHALL NOT TESTIFY UNLESS WITH THE CONSENT OF
THE PARTIES, AND CONCERNING THE EVIDENCE OF BROKERS .... 341
IX. THE PRODUCTION OF WITNESSES SHALL NOT TAKE PLACE EXCEPT IN THE PRESENCE OF THE ADVERSARY, AND AT WHAT TIME WITNESSES SHALL BE ADMITTED TO TESTIFY ................. 342
TITLE III.
WHEN THE PAYMENTS OF THE DOWRIES OF THE FIRST AND SECOND WIVES ARE BOTH DUE, THE FIRST WIFE, OR THE CHILDREN WHO ARE THE ISSUE OF THE PRIOR MARRIAGE, SHALL BE PREFERRED; AND IF THE WIFE, OR SOMEONE WHO HAS PROMISED A DOWRY FOR HER, WAS WILLING TO PAY IT TO THE HUSBAND, AND THE LATTER NEGLECTED TO RECEIVE IT, THE WIFE CANNOT, AT THE DISSOLUTION OF THE MARRIAGE, EXACT THE PAYMENT OF THE ANTE-NUPTIAL DONATION. NINETY-FIRST NEW CONSTITUTION .................................. 343
PREFACE ......................................................... 343
I. .............................................................. 343
II. WHERE A HUSBAND is TO BLAME FOR NOT HAVING THE DOWRY PAID
TO HIM .................................................. 344
TITLE IV.
CONCERNING IMMENSE DONATIONS MADE TO CHILDREN. NINETY-SECOND NEW CONSTITUTION ................................. 345
PREFACE ......................................................... 345
I. ............................................................... 345
TITLE V. PAGE CONCERNING APPEALS.
NINETY-THIRD NEW CONSTITUTION .................................. 346
PREFACE ......................................................... 346
I. ............................................................... 347
TITLE VI.
MOTHERS WHO ARE EITHER THE DEBTORS OR CREDITORS OP MINORS MAY ADMINISTER THE GUARDIANSHIP OF THE LATTER, AND SHALL NOT BE REQUIRED TO SWEAR THAT THEY WILL NOT CONTRACT SECOND MARRIAGES. NINETY-FOURTH NEW CONSTITUTION ................................ 347
PREFACE ......................................................... 348
I. .............................................................. 348
II. .............................................................. 348
TITLE VII.
CONCERNING MAGISTRATES. NINETY-FIFTH NEW CONSTITUTION .................................. 349
PREFACE ......................................................... 349
I. ............................................................... 350
TITLE Vill.
CONCERNING PERSONS WHO MAKE A BUSINESS OF BRINGING LAWSUITS,
AND CONCERNING THOSE WHO ARE SUED ONE OR MORE TIMES. NINETY-SIXTH NEW CONSTITUTION .................................. 351
PREFACE ......................................................... 351
I. CONCERNING THE SUMMONS TO COURT, AFTER WHICH THE PLAINTIFF MUST BE CAREFUL TO HAVE JOINDER OF ISSUE TAKE PLACE WITHIN Two MONTHS ............................................. 352
II. CONCERNING THOSE WHO ARE SUED ONE OR MORE TIMES. .......... 352
TITLE IX.
CONCERNING THE EQUALITY OF THE DOWRY AND THE ANTE-NUPTIAL DONATION, AS WELL AS THE INCREASE OF THE DOWRY AND ANTENUPTIAL DONATION, AND THE PRIVILEGE OF THE DOWRY WHICH TAKES PRECEDENCE OF OTHER PRIVILEGES; AND How CREDITORS ARE EXCEPTED FROM THIS PRIVILEGE WHEN THEY HAVE FURNISHED MONEY FOR THE PURCHASE OF AN OFFICE; AND CONCERNING THE RETURN OF THE DOWRY TO THE FATHER, AND ITS GIFT A SECOND TIME IN BEHALF OF THE SAME DAUGHTER ON HER MARRIAGE TO ANOTHER HUSBAND; AND CONCERNING THE COLLATION OF THE DOWRY WHEN THE HUSBAND DIES INSOLVENT.
NINETY-SEVENTH NEW CONSTITUTION .............................. 353
PREFACE ......................................................... 353
I. CONCERNING THE EQUALITY OF THE DOWRY AND THE ANTE-NUPTIAL
DONATION ............................................... 354
II. CONCERNING THE INCREASE OF THE DOWRY AND THE ANTE-NUPTIAL
DONATION ............................................... 354
III. CONCERNING THE PRIVILEGE OF THE DOWRY, AND THAT OF CREDITORS
WHO HAVE ADVANCED MONEY FOR THE PURCHASE OF AN OFFICE 356
IV. CREDITORS WHO HAVE LOANED MONEY FOR THE PURCHASE OF AN
OFFICE SHALL BE EXCEPTED FROM THIS PRIVILEGE. ............ 356
j^rtAjrj
V CONCERNING THE DOWRY WHICH RETURNS TO THE FATHER, AND is AGAIN GIVEN IN BEHALF OF THE SAME DAUGHTER TO HER SECOND HUSBAND .....................•••.•••••.••••••••••••• 357
VI. CONCERNING THE COLLATION OF THE DOWRY WHEN THE HUSBAND
DIES INSOLVENT .......................................... 358
TITLE X.
THE HUSBAND DOES NOT ACQUIRE THE OWNERSHIP OF THE DOWRY, OR THE WOMAN THAT OF THE ANTE-NUPTIAL DONATION, BUT THEY ARE RESERVED FOR THEIR CHILDREN; AND, PROVIDED THE PARENTS DO NOT CONTRACT A SECOND MARRIAGE, THEY WILL ONLY BE ENTITLED TO THE USUFRUCT OF THE PROPERTY; AND WHERE THEY MARRY A SECOND TIME AFTER REPUDIATION HAS TAKEN PLACE, AND OBTAIN EITHER THE DOWRY OR THE ANTE-NUPTIAL DONATION, THE OWNERSHIP WILL STILL BE PRESERVED FOR THEIR CHILDREN, AND THEY WILL BE COMPELLED TO EMPLOY THE USUFRUCT FOR THE SUPPORT OF THE LATTER. WHERE, HOWEVER, THE MARRIAGE is DISSOLVED BY COMMON CONSENT, AND THE PARENTS RETAIN SOMETHING FRAUDULENTLY, WHICH MAY CAUSE Loss TO THEIR CHILDREN, THEY SHALL BE DEPRIVED OF SUCH PROPERTY, AND IT SHALL BE KEPT FOR THE BENEFIT OF THEIR OFFSPRING. NINETY-EIGHTH NEW CONSTITUTION ................................ 360
PREFACE ...............................••••••••••..•••••••••••••• 360
I. THE OWNERSHIP OF THE DOWRY AND DONATION GIVEN IN CONSIDERATION OF MARRIAGE SHALL BE PRESERVED FOR THE CHILDREN .... 361
II. WHEN A MARRIAGE is DISSOLVED BY REPUDIATION OR BY COMMON CONSENT, ANY PROPERTY OBTAINED BY EITHER THE HUSBAND OR WIFE SHALL BE PRESERVED FOR THEIR CHILDREN; AND CONCERNING THE OBLIGATION OF PARENTS TO SUPPORT THEIR OFFSPRING .................................................. 362
TITLE XI.
CONCERNING PERSONS JOINTLY LIABLE.
NINETY-NINTH NEW CONSTITUTION ................................. 363
PREFACE ......................................................... 363
I. ............................................................... 363
THE ENACTMENTS OF JUSTINIAN.
IV,
THE NOVELS.
AUTHENTIC OR NEW
CONSTITUTIONS OF OUR LORD
THE MOST HOLY EMPEROR JUSTINIAN.
FIRST COLLECTION. CONCERNING HEIRS AND THE FALCIDIAN PORTION.
TITLE I. FIRST NEW CONSTITUTION.
The Emperor Justinian to John, Most Glorious Prsetorian Prefect of the East, twice Consul and Patrician.
PREFACE.
While We were formerly occupied with the cares of the entire government and could think of nothing of inferior importance, now that the Persians are quiet, the Vandals and Moors obedient, the Carthaginians have recovered their former freedom, and the Tzani have, for the first time, been subjected to Roman domination (which is something that God has not permitted to take place up to this time and until Our reign), numerous demands have been presented to Us by Our subjects, to each of which We shall pay attention in the most suitable manner. Many of these questions, it is true, must be determined in accordance with existing enactments, and in order that they inure to the common welfare of all (whenever this is necessary), We have deemed it proper to establish these matters by law, and to communicate them to Our subjects, in order that they may take effect of themselves, and not always require the sanction of Imperial authority.
(1) For people are constantly importuning Us, some having recourse to Us on account of legacies which have been bequeathed and not been paid; others because of grants of freedom; and still others on account of different matters; and, where estates have been left, certain persons who have been charged either to give or to do som'e-thing have impiously entered upon the property, and taken it, but have not complied with what was ordered, although it was laid down by the ancient legislators that the testamentary dispositions of deceased persons, when they are not contrary to law, shall, by all means, be carried out. But as We have found that the greater part of the ancient laws have been neglected, We have considered it necessary that they should be revived, and that, by means of them, protection should
be afforded to the living, as well as respect shown to the dead in this manner.
(2) Therefore, in the first place, it must be remembered that the law requires testators to distribute a specified share of their estates among certain relatives as being due to them in accordance with natural justice, for instance, sons, grandsons, fathers and mothers, and sometimes even brothers, as well as any other persons of this kind whom the laws have enumerated as being in the same class with those from whom We are descended. No necessity, however, is imposed upon other testators to give any portion of their own property, but authority is granted them to leave it to anyone whom they may select.
CHAPTER I. WHERE THE HEIR is UNWILLING TO PAY LEGACIES.
These matters having been already decided by Us, We order that those who have been appointed heirs by testators, or who have been charged with the execution of trusts or the payment of legacies, whether in general terms, or specifically, shall be obliged absolutely to carry out whatever dispositions the testator may have made, provided these are in accordance with law, or when no law prohibits them; and if he who was charged in this manner does not do as he was directed, he must show clearly that he had a right to act as he did.
(1) If the appointed heir should not execute the dispositions of the testator, and the legatee is entitled to receive the bequest, and, after he has been notified by a decree of court, the heir fails to make payment for an entire year, or does not do what he was ordered, and he is one of those who can legally claim a certain share of the estate, but has been left more than he is entitled to by law, he can only receive as much as the law grants him, that is, one-fourth of the estate in case of intestacy; otherwise he will be deprived of all of it. And if any other persons should be appointed heirs, they will each be entitled to his or her proportionate share. But when there is no other heir, or where some have been appointed but do not accept the estate, then what has been refused by those above mentioned shall be added to the remainder of the estate, and the legatees, the beneficiaries of trusts, and the slaves upon whom liberty has been bestowed shall be permitted to enter upon and acquire the property; so that whatever has been ordered by the testator shall in every respect be carried out, and security shall previously be furnished in proportion to their condition and the value of the property, in order that having received the estate they comply with the lawful intentions of the testator.
If, however, none of those mentioned in the will (that is to say the co-heirs, legatees, beneficiaries of trusts, or slaves to whom liberty has been granted), should desire to enter upon the estate, then it shall pass to the others whom the law calls in case of intestacy, after the appointed heir has been excluded from his legitimate share by this law, and they, in like manner, shall give security to carry
out what is contained in the will. We do not, however, wish that there should be any confusion with regard to this matter, but he who was called first in order after the one who has been excluded by Our law shall be preferred, and then the one who comes next after him, and the others in succession, until the last one who has relinquished the estate shall be succeeded by any stranger who may be willing to enter upon the estate and carry out the wishes of the testator, and after these We place the Treasury, if it should be willing to accept it. For We establish the following rule with reference to legatees and beneficiaries of trusts, namely: that permission to accept an estate should first be granted to the beneficiary entitled to all of it, or where there are several of these to the one entitled to the largest share, since he resembles the heir, this being especially the case with Us, Who, whenever such beneficiaries of trusts are concerned, have solely adopted the Trebellian rule, and, holding in contempt the Pegasian circumlocutions, reject them. If, however, no one should be entitled to the entire estate, or, being entitled to it, should be unwilling to do what the testator directed, then the trust shall pass to those to whom has been left the greater portion of the legacies or trusts; and time shall be granted to slaves to whom freedom has been bequeathed to enter upon the estate, and, with their children, give security, receive the property, and do what has been ordered, the above-mentioned security, of course, having already been furnished.
But when there is no legatee or beneficiary entitled to the whole or a greater part of the estate, by virtue of either a legacy or a trust, but all of them are to share equally, then all the beneficiaries entitled to the whole of it, according to the rule just laid down, shall be preferred, or any one of them who is willing to carry out what was ordered by the testator; and the remaining legatees or beneficiaries who have no advantage over the others, so far as the remainder of the estate is concerned, shall be called to the succession, if they are willing, or those who consent shall be called. If, however, no legatee or beneficiary should be willing to do this, We grant permission to the slaves upon whom freedom has been conferred, according to the order in which they have been mentioned by their master, to take precedence over one another.
(2) We also adopt the rule