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. XVII.
CINCINNATI
THE CENTRAL TRUST COMPANY Executor of the Estate Samuel P. Scott, Deceased
PUBLISHERS
CONTENTS OF VOLUME XVII.
AUTHENTIC OR NEW CONSTITUTIONS OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN.
EIGHTH COLLECTION.
TITLE I. PAGE
CONCERNING THE TIME AVAILABLE WHEN MONEY FORMING PART OF THE DOWRY HAS NOT BEEN PAID.
ONE HUNDREDTH NEW CONSTITUTION ................................ 3
PREFACE ........................................................ 3
I. CONCERNING DOWRIES WHICH HAVE NOT BEEN PAID .............. 3
II. .............................................................. 4
TITLE II.
CONCERNING DONATIONS MADE BY DECURIONS TO THEIR SUCCESSORS EITHER AB INTESTATO OR BY WILL.
ONE HUNDRED AND FIRST NEW CONSTITUTION ....................... 5
PREFACE ........................................................ 5
I. ............................................................. 6
II. ............................................................. 6
III. ............................................................. 7
IV. ............................................................. 8
TITLE III.
CONCERNING THE GOVERNOR OF ARABIA. ONE HUNDRED AND SECOND NEW CONSTITUTION ...................... 9
PREFACE ........................................................ 9
L, ............................................................. 10
II. ............................................................. 11
III. ............................................................. 11
TITLE IV.
CONCERNING THE PROCONSUL OF PALESTINE. ONE HUNDRED AND THIRD NEW CONSTITUTION ....................... 12
PREFACE ........................................................ 12
I. ............................................................. 13
II. ............................................................. 13
III. ............................................................. 14
TITLE V.
CONCERNING THE PRAETOR OF SICILY. ONE HUNDRED AND FOURTH NEW CONSTITUTION. .................... 15
TITLE VI.
CONCERNING CONSULS.
ONE HUNDRED AND FIFTH NEW CONSTITUTION ....................... 16
PREFACE ........................................................ 16
I. CONCERNING THE SEVEN PROCESSIONS OF THE CONSULS ............ 17
II. CONCERNING THE WIFE AND THE MOTHER OF THE CONSUL. ......... 17
TITLE VII.
CONCERNING MARITIME INTEREST. ONE HUNDRED AND SIXTH NEW CONSTITUTION. ...................... 21
PREFACE ......................................................... 21
I. ............................................................... 22
TITLE Vill.
CONCERNING IMPERFECT WILLS EXECUTED BY PARENTS WITH REFERENCE TO THEIR CHILDREN; AND CONCERNING THE DISTRIBUTION OF THE ESTATE OF A FATHER MADE AND SIGNED BY His CHILDREN IN His PRESENCE.
ONE HUNDRED AND SEVENTH NEW CONSTITUTION .................... 23
PREFACE ........................................................ 23
I. CONCERNING THE WISHES OF PARENTS AS TO THE DISTRIBUTION OF
THEIR ESTATES .......................................... 23
II. ............................................................. 24
III. ............................................................. 24
TITLE IX. CONCERNING TRANSFERS.
ONE HUNDRED AND EIGHTH NEW CONSTITUTION ...................... 25
PREFACE ........................................................ 25
I. .............................................................. 25
II. .............................................................. 26
TITLE X.
CONCERNING THE DOTAL PRIVILEGES WHICH ARE NOT GRANTED TO WOMEN WHO ARE HERETICS.
ONE HUNDRED AND NINTH NEW CONSTITUTION ...................... 27
PREFACE ........................................................ 27
I. .............................................................. 28
II. .............................................................. 28
TITLE XI. CONCERNING MARITIME INTEREST.
ONE HUNDRED AND TENTH NEW CONSTITUTION ...................... 29
PREFACE ........................................................ 29
I. .............................................................. 29
TITLE XII.
THIS CONSTITUTION REPEALS THE ONE WHICH GRANTED TO RELIGIOUS PLACES FREEDOM FROM PRESCRIPTION, UNLESS A HUNDRED YEARS HAD ELAPSED.
ONE HUNDRED AND ELEVENTH NEW CONSTITUTION ................... 30'
PREFACE ................................:....................... 30
L ............................................................... 3O
TITLE XIII.
CONCERNING PROPERTY IN LITIGATION, AND THE BOND FOR THE TENTH PART OF THE VALUE OF THE OBJECT IN CONTROVERSY WHICH MUST BE FURNISHED BY THE PLAINTIFF. ONE HUNDRED AND TWELFTH NEW CONSTITUTION .................... 31
PREFACE ........................................................ 31
I. WHAT PROPERTY is SUBJECT TO LITIGATION ...................... 32
II. CONCERNING THE BOND WHICH SHOULD BE FURNISHED BY THE
PLAINTIFF BEFORE SERVING NOTICE ON THE DEFENDANT. ...... 33
III. AFTER THE LAPSE OF A YEAR AND THE PUBLICATION OF THREE EDICTS, A DECISION SHOULD BE RENDERED WITH REFERENCE TO THE CLAIM OF THE PLAINTIFF WHO is GUILTY OF CONTUMACY. . 34
TITLE XIV.
IMPERIAL PRAGMATIC SANCTIONS OR ORDERS SHALL NOT BE GIVEN CONSIDERATION IF INTRODUCED DURING THE HEARING OF A CASE, BUT SUITS SHALL BE DECIDED IN CONFORMITY WITH GENERAL ANCIENT LAWS. ONE HUNDRED AND THIRTEENTH NEW CONSTITUTION ................. 35
PREFACE ........................................................ 35
I. ............................................................. 36
II. ............................................................. 37
III. ............................................................. 37
TITLE XV.
IMPERIAL ORDERS SHALL BEAR THE SIGNATURE OF THE MOST GLORIOUS QUAESTOR.
ONE HUNDRED AND FOURTEENTH NEW CONSTITUTION ................. 38
PREFACE ........................................................ 38
I. .............................................................. 38
A SHORT EPITOME OF THE SAME NOVEL. ............................ 39
TITLE XVI.
WHEN A JUDGE HEARS AN APPEAL, HE SHOULD DECIDE IN CONFORMITY WITH THOSE LAWS WHICH WERE IN FORCE AT THE TIME WHEN THE DECISION WAS RENDERED, AND NOT IN ACCORDANCE WITH THOSE WHICH WERE SUBSEQUENTLY PROMULGATED; AND CONCERNING OTHER MATTERS. ONE HUNDRED AND FIFTEENTH NEW CONSTITUTION .................. 39
PREFACE ........................................................ 39
I. CASES TAKEN UP ON APPEAL SHALL BE DECIDED IN ACCORDANCE WITH THE LAWS IN FORCE AT THE TIME WHEN THE DECISION APPEALED FROM WAS RENDERED........................... 40
II. CONCERNING THOSE WHO STATE THAT THEY HAVE OTHER ALLEGATIONS TO MAKE, AFTER THEIR ADVERSARIES HAVE FORMALLY DECLARED THAT THEY HAD NOTHING MORE TO ADVANCE. ..... 40
III. WHAT ARE JUST CAUSES FOR THE DISINHERITANCE OF CHILDREN ... 41
IV. WHAT ARE GOOD REASONS FOR THE DISINHERITANCE OF PARENTS ... 45
V. A CREDITOR SHALL NOT BE PERMITTED TO ANNOY THE HEIRS OF A DECEASED PERSON ON ACCOUNT OF THE DEBT BEFORE TEN DAYS HAVE ELAPSED AFTER His DEATH .......................... 46
VI. CONCERNING THE ACKNOWLEDGMENT OF A DEBT ALREADY DUE .... 48
TITLE XVII.
No SOLDIER OR ALLY SHALL BE KEPT IN THE PRIVATE HOUSE OR POSSESSION OF ANYONE.
ONE HUNDRED AND SIXTEENTH NEW CONSTITUTION ................... 48
PREFACE ........................................................ 48
I. .............................................................. 49
TITLE XVIII.
A MOTHER, GRANDMOTHER, AND OTHER KELATIVES SHALL BE PERMITTED TO DISPOSE OF THE REMAINDER OF THEIR ESTATES IN ANY WAY THEY MAY DESIRE, AFTER HAVING LEFT TO THEIR CHILDREN THE SHARE PRESCRIBED BY LAW; AND CONCERNING SEVERAL OTHER MATTERS.
ONE HUNDRED AND SEVENTEENTH NEW CONSTITUTION ............... 50
PREFACE ........................................................ 50
I. WHERE ANYONE APPOINTS A SON UNDER PATERNAL CONTROL His HEIR, SUBJECT TO THE CONDITION THAT THE FATHER OF THE LATTER SHALL NOT HAVE THE USUFRUCT OF THE ESTATE. ... 50
II. CONCERNING ONE WHO WAS EEFERRED TO AS A CHILD IN SOME INSTRUMENT ............................................ 51
III. CONCERNING A WOMAN WHO MARRIES WITHOUT ANY DOTAL CONTRACT ................................................ 51
IV. CONCERNING THE MARRIAGES OF ILLUSTRIOUS PERSONS, AND WHEN
THEY ARE CONTRACTED BY MEANS OF DOTAL INSTRUMENTS. . 52
V. WHEN A MARRIAGE is CONTRACTED WITHOUT A DOWRY AND THE SURVIVING HUSBAND is POOR, HE SHALL BE ENTITLED TO THE FOURTH PART OF THE ESTATE OF His DECEASED WIFE ...... 52
VI. CONCERNING THE CONSTITUTIONS ENACTED BY THE EMPEROR LEO
AND THE EMPEROR CONSTANTINE ......................... 53
VII. How AND BY WHOM CHILDREN ARE SUPPORTED AFTER A MARRIAGE
HAS BEEN DISSOLVED BY REPUDIATION .................... 53
Vill. CONCERNING THE JUST CAUSES FOR WHICH A HUSBAND is PERMITTED TO OBTAIN A DIVORCE ........................... 54
IX. CONCERNING THE JUST CAUSES FOR DIVORCE WHICH ARE GRANTED
TO THE WIFE .......................................... 55
X. IT SHALL NOT BE LAWFUL TO DISSOLVE A MARRIAGE BY COMMON
CONSENT, UNLESS FOR SOME PLAUSIBLE REASON ........... 56
XI. FOR How LONG A TIME A WIFE SHOULD WAIT BEFORE MARRYING
AGAIN WHILE HER HUSBAND is ABSENT ON AN EXPEDITION .. 57
XII. FOR WHAT REASONS A MARRIAGE is DISSOLVED WITHOUT A PENALTY ................................................. 57
XIII. WHERE A WIFE HAS GIVEN NOTICE OF REPUDIATION TO HER HUSBAND WITHOUT JUST CAUSE ............................. 58
XIV. WHERE ANYONE PUNISHES His WIFE BY BEATING HER. ......... 59
XV. WHERE A HUSBAND SUSPECTS ANYONE OF WISHING TO ATTACK
THE MODESTY OF His WIFE .............................. 59
NINTH COLLECTION.
TITLE I.
CONCERNING HEIRS WHO SUCCEED AB INTESTATO, AND THE ABOLITION OF THE RIGHT OF AGNATES.
ONE HUNDRED AND EIGHTEENTH NEW CONSTITUTION ................. 61
PREFACE ........................................................ 61
I. CONCERNING THE SUCCESSION OF DESCENDANTS. ................. 61
II. CONCERNING THE SUCCESSION OF ASCENDANTS. .................. 62
III. CONCERNING THE SUCCESSION OF COLLATERALS ................... 63
IV. CONCERNING THE ABOLITION OF THE RIGHT OF AGNATES TO INHERITANCE ................................................. 64
V. CONCERNING THE LEGAL GUARDIANSHIP OF CHILDREN, AND CONCERNING THE MOTHER AND GRANDMOTHER ....................... 64
VI. CONCERNING THE FORCE AND AUTHORITY OF THIS CONSTITUTION
WITH REFERENCE TO PERSONS AND THINGS ................. 65
TITLE II.
AN ANTE-NUPTIAL DONATION SHALL BE CONSIDERED A SPECIAL CONTRACT, AND CONCERNING DIVERS OTHER MATTERS.
ONE HUNDRED AND NINETEENTH NEW CONSTITUTION ................. 65
I. AN ANTE-NUPTIAL DONATION DOES NOT REQUIRE TO BE RECORDED 66
II. A MINOR CAN MANUMIT SLAVES BY WILL ..................... 66
III. No CREDIT SHALL BE GIVEN TO A WRITTEN INSTRUMENT IN WHICH ANOTHER INSTRUMENT is MENTIONED, UNLESS THE LATTER is PRODUCED ........................................... 66
IV. CONCERNING APPEALS ...................................... 66
V. CONCERNING THE REVIEW OF DECISIONS RENDERED RY PRAETORIAN
PREFECTS ............................................. 67
VI. WHERE A MINOR OF TWENTY-FIVE YEARS OF AGE WISHES TO DEMAND RESTITUTION AGAINST THE ACCEPTANCE OF AN ESTATE 67 VII. CONCERNING PRESCRIPTIONS, OR, IN OTHER WORDS, CONCERNING
THE BAD FAITH OF A POSSESSOR WHO ALIENATES PROPERTY .. 68 Vill. CONCERNING PERSONS WHO ARE ABSENT AND PRESENT WHERE A
DECENNIAL PRESCRIPTION is INVOLVED. .................. 68
IX. A TESTATOR SHALL NOT BE COMPELLED TO WRITE THE NAMES OF
His HEIRS WITH His OWN HAND. ....................... 68
X. CONCERNING IMMOVABLE PROPERTY WHICH BELONGS TO RELIGIOUS
PLACES .............:................................. 69
XI. CONCERNING THE FALCIDIAN LAW, WHICH DOES NOT APPLY TO
PROPERTY WHOSE ALIENATION is PROHIBITED ......:...... 69
TITLE III.
CONCERNING ALIENATION, EMPHYTEUSIS, LEASE, HYPOTHECATION, AND DIVERS OTHER CONTRACTS HAVING REFERENCE TO SACRED PROPERTY EVERYWHERE. ONE HUNDRED AND TWENTIETH NEW CONSTITUTION .................. 69
PREFACE ........................................................ 70
I. CONCERNING THE ALIENATION AND EMPHYTEUSIS OF ECCLESIASTICAL PROPERTY ....................................... 70
PAGE
II. WHEKE ANYONE DESIRES TO ACQUIRE THE USUFRUCT OF PROPERTY
BELONGING TO A CHURCH ............................... 71
III. IT SHALL BE PERMISSIBLE TO LEASE ECCLESIASTICAL PROPERTY FOR
NOT MORE THAN THIRTY YEARS ......................... 71
IV. IT SHALL BE PERMITTED TO ENCUMBER IMMOVABLE ECCLESIASTICAL PROPERTY BY GIVING IT IN PLEDGE .................... 71
V. CONCERNING THE EMPHYTEUSIS AND HYPOTHECATION OF ECCLESIASTICAL PROPERTY 72
VI. CONCERNING THE PROPERTY OF OTHER CHURCHES SITUATED OUTSIDE THE CITY OF CONSTANTINOPLE. ..................... 72
VII. CONCERNING THE EXCHANGE OF ECCLESIASTICAL PROPERTY. ...... 75
Vill. WHERE THE EMPHYTEUTA OF THE CHURCH DOES NOT PAY His
KENT FOR Two YEARS................................... 76
IX. CHURCHES SHALL BE PERMITTED TO ALIENATE IMMOVABLE PROPERTY FOR THE PURPOSE OF REDEEMING CAPTIVES. .......... 76
X. CONCERNING THE SACRED UTENSILS OF ANY CHURCH OR ORATORY 77
XI. To WHAT PENALTY PERSONS WILL BE LIABLE WHO VIOLATE THE
PRESENT CONSTITUTION ................................. 78
TITLE IV.
PARTIAL PAYMENTS OF INTEREST SHALL BE DOUBLED. ONE HUNDRED AND TWENTY-FIRST NEW CONSTITUTION ............... 79
PREFACE ........................................................ 79
I. .............................................................. 79
II. .............................................................. 80
TITLE V.
EDICT OF OUR MOST Pious LORD JUSTINIAN, WITH REFERENCE TO THE REGULATION OF ARTISANS.
ONE HUNDRED AND TWENTY-SECOND NEW CONSTITUTION ............. 80
PREFACE ........................................................ 80
I. .............................................................. 81
TITLE VI.
CONCERNING THE MOST HOLY BISHOPS AND THE MOST REVEREND CLERGY AND MONKS.
ONE HUNDRED AND TWENTY-THIRD NEW CONSTITUTION ............... 81
PREFACE ........................................................ 81
I. CONCERNING THE CONSECRATION OF BISHOPS .............. 82
II. CONCERNING THE ACCUSERS OF BISHOPS .................. 83
III. WHERE A BISHOP OFFERS His PROPERTY TO THE CHURCH EITHER BEFORE OR AFTER His CONSECRATION, AND WHAT SHALL BE PAID FOR THE RIGHT OF THE SEE. .......... 84
IV. THE EPISCOPATE RELEASES A MAN FROM THE CONDITION OF
SLAVE OR SERF .................................... 85
V. CONCERNING PRIESTS, DEACONS, AND SUBDEACONS, CALLED BY THE RIGHT OF COGNATION TO DISCHARGE THE DUTIES OF GUARDIANS OR CURATORS. ........................... 85
VI. MEMBERS OF THE CLERGY SHALL NOT PERFORM THE DUTIES
OF PUBLIC OFFICE, OR TRANSACT ANY SECULAR BUSINESS 85
VII. A BISHOP SHALL NOT BE BROUGHT INTO COURT FOR THE PURPOSE OF TESTIFYING ................................ 86
J. AVJ.U
Vill. A BISHOP SHALL NOT BE BROUGHT BEFORE A SECULAR JUDGE
FOR ANY REASON WHATSOEVER. ...................... 87
IX. BISHOPS SHALL NOT LEAVE THEIR OWN CHURCHES. ....... 87
X. ARCHBISHOPS AND PATRIARCHS SHALL FREQUENTLY HOLD
COUNCILS AND SYNODS DURING THE COURSE OF A YEAR. . 87
XI. No ONE SHALL BE EXCOMMUNICATED BEFORE His CASE HAS
BEEN DISPOSED OF ................................. 88
XII. WHO THOSE ARE THAT SHOULD BE ORDAINED PRIESTS. ..... 88
XIII. CONCERNING THE AGE OF PRIESTS AND OTHER MEMBERS OF
THE CLERGY ....................................... 89
XIV. CONCERNING THE WIVES OF MEMBERS OF THE CLERGY ...... 89
XV. UNDER WHAT CIRCUMSTANCES DECURIONS CAN BE ORDAINED
MEMBERS OF THE CLERGY. ........................... 89
XVI. ORDINATIONS SHALL BE MADE GRATUITOUSLY .............. 90
XVII. IN WHAT WAY A SLAVE OR A SERF MAY BE ORDAINED A MEMBER OF THE CLERGY ................................. 91
XVIII. CONCERNING THE FOUNDERS OF CHURCHES. ............... 91
XIX. ALL MEMBERS OF THE CLERGY SHALL HAVE CONTROL OF
THEIR OWN PROPERTY ............................. 92
XX. To WHAT PENALTY ECCLESIASTICS ARE SUBJECTED WHO GIVE
FALSE TESTIMONY ................................. 92
XXI. ECCLESIASTICS SHALL BE SUED BEFORE THEIR OWN BISHOPS 92
XXII. BISHOPS SHALL BE SUED BEFORE THEIR OWN METROPOLITAN AND SHALL NOT BE REQUIRED TO FURNISH SECURITY WITH REFERENCE TO LITIGATION ..................... 93
XXIII. STEWARDS AND OTHER ADMINISTRATORS SHALL BE SUED BEFORE THEIR OWN BISHOP ............................ 94
XXIV. BISHOPS SHALL BE SUED IN THE PLACE WHERE THE CAUSE OF
ACTION AROSE ..................................... 94
XXV. CONCERNING APOCEISIARII ............................... 94
XXVI. BISHOPS SHALL NOT BE SUED DURING THE TIME THEY ARE
ACTING AS DELEGATES .............................. 95
XXVII. MONKS SHALL DEFEND THEMSELVES BY AN ATTORNEY; AND
CONCERNING THE AMOUNT OF FEES TO BE PAID ........ 95
XXVIII. CONCERNING THE AMOUNT OF COSTS TO BE PAID WHERE MEMBERS OF THE CLERGY ARE CONCERNED ................. 96
XXIX. NEITHER CLERKS NOR BISHOPS SHALL HAVE SUPERINDUCED
WOMEN IN THEIR HOUSES ........................... 96
XXX. CONCERNING DEACONESSES .............................. 97
XXXI. CONCERNING THOSE WHO ARE GUILTY OF ABUSE OF A BISHOP
OR OTHER MEMBERS OF THE CLERGY IN A CHURCH ...... 98
XXXII. THE LAITY SHALL NOT TAKE PART IN RELIGIOUS PROCESSIONS WITHOUT THE PRESENCE OF THE BISHOP, THE CLERGY, AND THE CROSSES. .......................... 98
XXXIII. ...................................................... 98
XXXIV. AN ABBOT SHALL BE. CHOSEN NOT So MUCH ON ACCOUNT OF His TERM OF MONASTIC SERVICE AS BECAUSE OF His GOOD REPUTATION .................................. 99
XXXV. CONCERNING THE NOVITIATE OF MONKS. .................. 99
XXXVI. MONKS SHALL OCCUPY THE SAME ROOM .................. 100
XXXVII. WHERE ANYONE ENTERS A MONASTERY, THE FACT THAT HE is MARRIED AND HAS CHILDREN WILL MAKE No DIFFERENCE .......................................... 100
XXXVIII. PERSONS WHO ENTER A MONASTERY DEDICATE THEMSELVES
AND THEIR PROPERTY TO THE SAME. ................. 101
XXXIX. WHENEVER A BETROTHAL BECOMES OF No EFFECT ON ACCOUNT OF THE ENTRANCE OF ONE OF THE PARTIES INTO A MONASTERY, THE BETROTHAL GIFT SHALL BE RETURNED 101 XL. WHENEVER A HUSBAND OR A WIFE ENTERS A MONASTERY. .. 101 XLI. PARENTS SHALL NOT BE PERMITTED TO DISINHERIT THEIR CHILDREN ON THE GROUND OF INGRATITUDE WHEN THE LATTER ENTER MONASTERIES ....................... 102
XLII. CONCERNING A MONK WHO ABANDONS His MONASTERY ..... 102
XLIII. CONCERNING THE EAVISHERS OF NUNS .................... 103
XLIV. LAYMEN AND ACTORS SHALL NOT BE PERMITTED TO MAKE
USE OF A MONASTIC HABIT .......................... 103
TITLE VII.
LITIGANTS SHALL SWEAR AT THE BEGINNING OF AN ACTION THAT THEY HAVE NOT PROMISED TO GIVE ANYTHING TO THE JUDGES AND THAT THEY WILL GIVE NOTHING HEREAFTER. CONCERNING FEES. REFERENDARIES WILL Do WHAT THEY ARE ORDERED WITHOUT INTERFERING WITH THE JUDGMENTS RENDERED, WHICH THEY THEMSELVES MUST SEE ARE EXECUTED.
ONE HUNDRED AND TWENTY-FOURTH NEW CONSTITUTION ............. 104
PREFACE ........................................................ 104
I. ............................................................. 104
II. WHERE A LITIGANT, REPENTING OF His ACT, MENTIONS THE NAME
OF PERSONS TO WHOM HE GAVE SOMETHING. ............... 105
III. CONCERNING THE PROHIBITION OF ILLEGAL FEES. ................ 105
IV. A JUDGE SHALL NOT COMPEL PERSONS TO EFFECT A COMPROMISE. .. 106
TITLE Vill.
JUDGES SHALL NOT WAIT FOR IMPERIAL ORDERS, BUT SHALL DECIDE IN WHATEVER MANNER THEY THINK BEST.
ONE HUNDRED AND TWENTY-FIFTH NEW CONSTITUTION. .............. 107
PREFACE ........................................................ 107
I- .............................................................. 107
TITLE IX.
A COPY OF THE IMPERIAL FORM HAVING REFERENCE TO APPEALS. ONE HUNDRED AND TWENTY-SIXTH NEW CONSTITUTION ............... 108
PREFACE ........................................................ 108
I. ............................................................. 108
n. ............................................................. 108
HI. ............................................................. 109
TITLE X.
BROTHERS' CHILDREN SUCCEED JUST AS BROTHERS Do, EVEN WHEN THERE ARE ASCENDANTS LIVING. THE RIGHTS OF WOMEN ARE NOT PREJUDICED FROM THE FACT THAT THE ANTE-NUPTIAL DONATION WAS NOT RECORDED, BUT WHERE THE HUSBAND DOES NOT OBSERVE THIS FORMALITY HE WILL GAIN No PROFIT FROM THE MARRIAGE IF HE DEMANDS IT. WOMEN WHO Do NOT MARRY A SECOND TIME ARE ENTITLED TO THE OWNERSHIP OF A SHARE OF THE ANTE-NUPTIAL DONATION EQUAL TO THAT OF ONE OF THEIR CHILDREN. THE PENALTIES TO WHICH BOTH HUSBAND AND WIFE ARE LIABLE SHALL BE THE SAME WHEN NOTICE OF REPUDIATION is SERVED WITHOUT REASONABLE CAUSE. ONE HUNDRED AND TWENTY-SEVENTH NEW CONSTITUTION ............ 110
PREFACE ........................................................ 110
I. THE CHILDREN OF BROTHERS SHALL BE CALLED TO THE SUCCESSION EVEN WHERE THERE ARE SURVIVING ASCENDANTS OF THE FIRST DEGREE ................................................. 110
II. WHEN A DONATION IN CONSIDERATION OF MARRIAGE SHOULD BE
RECORDED ............................................... Ill
III. A WOMAN WHO DOES NOT CONTRACT A SECOND MARRIAGE SHALL BE ENTITLED TO AS MUCH OF THE ANTE-NUPTIAL DONATION AS ONE OF HER CHILDREN ................................... Ill
IV. MARRIAGE SHALL NOT BE DISSOLVED WITHOUT CAUSE. ............ 112
TITLE XI.
CONCERNING TAXPAYERS AND OTHER MATTERS.
ONE HUNDRED AND TWENTY-EIGHTH NEW CONSTITUTION ............. 112
I ........ .............................................. 112
II. ........................................'.................. 113
III. .......................................................... 113
IV. .......................................................... H3
V. .......................................................... 114
VI. .......................................................... H4
VII. .......................................................... 114
Vill. .......................................................... 114
IX. .......................................................... H5
X. .......................................................... 115
XI. .......................................................... 115
XII. .......................................................... 115
xiii. ...........................................:.............. us
XIV. .......................................................... 116
XV. .......................................................... H6
XVI. .......................................................... 116
XVII. .......................................................... 117
. XVIII. .......................................................... H7
XIX. ........................................................... 117
XX. .......................................................... H8
XXI. .......................................................... 118
XXII. .......................................................... 118
XXIII. .......................................................... 118
XXIV. .......................................................... 119
XXV. .......................................................... 119
TITLE XII.
CONCERNING THE SAMARITES.
ONE HUNDRED AND TWENTY-NINTH NEW CONSTITUTION. ............. 120
PREFACE ........................................................ 120
I. ............................................................. 120
II. ............................................................. 121
III. ............................................................. 121
IV. ............................................................. 121
TITLE XIII. IN WHAT WAY SOLDIERS MUST ENTER AND PASS THROUGH CITIES.
ONE HUNDRED AND THIRTIETH NEW CONSTITUTION ................... 122
PREFACE ........................................................ 122
I. ........................................................... 122
II. ........................................................... 123
III. ........................................................... 123
IV. ........................................................... 123
V. ........................................................... 123
VI. ........................................................... 124
VII. ........................................................... 124
Vill. ........................................................... 124
IX. ........................................................... 124
TITLE XIV.
CONCERNING ECCLESIASTICAL TITLES AND PRIVILEGES, AND VARIOUS
OTHER MATTERS.
ONE HUNDRED AND THIRTY-FIRST NEW CONSTITUTION. ............... 125
PREFACE ........................................................ 125
I. CONCERNING FOUR HOLY COUNCILS ............................ 125
II. CONCERNING THE PRECEDENCE OF PATRIARCHS. ................. 125
III. CONCERNING THE ARCHBISHOP OF THE FIRST JUSTINIANIAN ...... 125
IV. CONCERNING THE JUSTINIANIAN BISHOP OF CARTHAGE ........... 126
V. CONCERNING THE PRIVILEGES OF ECCLESIASTICAL POSSESSIONS. ... 126
VI. CONCERNING THE PRESCRIPTION OF FORTY YEARS CONCEDED TO RELIGIOUS ESTABLISHMENTS ............................... 126
VII. CONCERNING THE CONSTRUCTION OF CHURCHES. ................ 126
Vill. THE SACRED KITES OF THE CHURCH SHALL NOT BE CELEBRATED IN THE SUBURBS OF TOWNS, OR IN HOUSES, FIELDS, OR PRIVATE PLACES ............................................... 127
IX. LEGACIES BEQUEATHED TO GOD SHALL PASS TO THE CHURCH OF
THE DIOCESE IN WHICH THE TESTATOR HAD His DOMICILE ... 127
X. WHERE ANYONE ORDERS AN ORATORY TO BE BUILT .............. 127
XI. LEGACIES BEQUEATHED FOR THE RANSOM OF CAPTIVES SHALL BE
EMPLOYED BY BISHOPS, ETC .............................. 128
XII. THE FALCIDIAN LAW DOES NOT APPLY TO LEGACIES LEFT FOR
Pious USES ........................................... 129
XIII. BISHOPS SHALL NOT, BY WILL, DISPOSE OF ANY PROPERTY WHICH
THEY MAY HAVE ACQUIRED DURING THEIR EPISCOPATE ...... 129
XIV. HERETICS SHALL NOT ACQUIRE IMMOVABLE PROPERTY, UNDER ANY CIRCUMSTANCES, FROM CHURCHES OR PRIVATE INDIVIDUALS, NOR ERECT BUILDINGS FOR THE CELEBRATION OF THE RITES OF THEIR FAITH .......................................... 130
XV. SUPERINTENDENTS OF ORPHAN ASYLUMS RESEMBLE GUARDIANS,
AND MUST DRAW UP INVENTORIES JUST AS THEY Do........ 131
TITLE XV.
CONCERNING THE PROHIBITION OF HERETICAL ASSEMBLIES. ONE HUNDRED AND THIRTY-SECOND NEW CONSTITUTION ............... 131
PREFACE ........................................................ 132
TITLE XVI.
IN WHAT MANNER MONKS SHOULD LIVE. ONE HUNDRED AND THIRTY-THIRD NEW CONSTITUTION ............... 132
PREFACE ........................................................ 132
I. ............................................................. 133
II. ............................................................. 134
III. ............................................................. 134
IV. ............................................................. 135
V. ............................................................. 136
VI. ............................................................. 137
TITLE XVII.
No JUDGE SHALL BE PERMITTED TO HAVE A DEPUTY IN His STEAD, UNLESS FOR CERTAIN REASONS AN IMPERIAL ORDER ISJSSUED FOR THAT PURPOSE.
ONE HUNDRED AND THIRTY-FOURTH NEW CONSTITUTION. CONCERNING DEPUTIES ................................................... 138
PREFACE ........................................................ 138
I. No MAGISTRATE SHALL BE PERMITTED TO APPOINT A DEPUTY .... 138
II. ..:........................................................ 139
III. ........................................................... 140
IV. ........................................................... 140*
V. PERSONS GUILTY OF CRIME SHALL BE SUMMONED BY MEANS OF
LAWFUL EDICTS ....................................... 141
VI. A JUDGE SHALL CARRY INTO EFFECT WHAT HAS BEEN ORDERED
BY His PREDECESSOR ................................... 141
VII. No CREDITOR SHALL PRESUME TO RETAIN THE CHILD OF His
DEBTOR AS SECURITY FOR THE DEBT. ...................... 142
Vill. CONCERNING WOMEN WHO ACT AS SURETIES. .................. 142
IX. WOMEN SHALL NOT BE CONFINED IN PRISON ................... 142
X. WHAT PENALTY is INCURRED BY AN ADULTERESS ............... 143
XI. PENALTIES FOR UNJUST REPUDIATION ......................... 144
XII. ........................................................... 145
XIII. CONCERNING THE MITIGATION OF ALL PENALTIES ............... 145
TITLE XVIII. No ONE SHALL BE COMPELLED TO MAKE AN ASSIGNMENT OF
His PROPERTY. ONE HUNDRED AND THIRTY-FIFTH NEW CONSTITUTION ................ 146
PREFACE ........................................................ 146
I. ............................................................... 147
i
TITLE XIX. PAGE CONCERNING THE CONTRACTS OF BANKERS. ONE HUNDRED AND THIRTY-SIXTH NEW CONSTITUTION ............... 148
PREFACE ........................................................ 148
I. ............................................................. 148
II. ............................................................. 149
III. ............................................................. 149
IV. ............................................................. 150
V. ............................................................. 150
VI. ............................................................. 151
TITLE XX.
CONCERNING THE ORDINATION OF BISHOPS AND OTHER MEMBERS OF THE CLERGY.
ONE HUNDRED AND THIRTY-SEVENTH NEW CONSTITUTION. ............ 152
PREFACE ........................................................ 152
I. ............................................................. 152
II. ............................................................. 154
III. ............................................................. 155
IV. ............................................................. 155
V. ............................................................. 155
VI. ............................................................. 156
TITLE XXI. INTEREST SHALL NOT BE CALCULATED FOR AN AMOUNT MORE THAN
DOUBLE THE PRINCIPAL. ONE HUNDRED AND THIRTY-EIGHTH NEW CONSTITUTION. ............. 157
TITLE XXII.
CONCERNING THE INDULGENCE GRANTED WHEN MARRIAGES ARE ILLEGALLY CONTRACTED.
ONE HUNDRED AND THIRTY-NINTH NEW CONSTITUTION. .............. 157
PREFACE ........................................................ 157
I. .............................................................. 158
TITLE XXIII.
MARRIAGE CAN BE DISSOLVED BY COMMON CONSENT. ONE HUNDRED AND FORTIETH NEW CONSTITUTION .................... 158
PREFACE ........................................................ 158
I. .............................................................. 159
TITLE XXIV. EDICT CONCERNING THOSE WHO COMMIT THE CRIME
AGAINST NATURE. ONE HUNDRED AND FORTY-FIRST NEW CONSTITUTION. ................ 160
PREFACE ........................................................ 160
I. .................................._......;..................... 160
TITLE XXV. PAGE CONCERNING THOSE WHO MAKE EUNUCHS. ONE HUNDRED AND FORTY-SECOND NEW CONSTITUTION ............... 161
PREFACE ........................................................ 161
I. .............................................................. 162
II. .............................................................. 162
TITLE XXVI.
CONCERNING A WOMAN WHO SUFFERS HERSELF TO BE CARRIED AWAY. ONE HUNDRED AND FORTY-THIRD NEW CONSTITUTION. ............... 164
PREFACE ........................................................ 164
TITLE XXVII.
CONCERNING THE SAMARITANS.
ONE HUNDRED AND FORTY-FOURTH NEW CONSTITUTION ............... 166
PREFACE ........................................................ 166
I. .............................................................. 166
II. .............................................................. 166
TITLE XXVIII.
NEITHER THE DUKE NOR THE BIOCOLYTE OF LYDIA AND LYCAONIA SHALL HEREAFTER BE PERMITTED TO INTERFERE IN THE AFFAIRS OF EITHER THE PROVINCES OF BOTH PHRYGIAS AND PISIDIA. ONE HUNDRED AND FORTY-FIFTH NEW CONSTITUTION ................. 168
PREFACE ........................................................ 168
I. .............................................................. 168
TITLE XXIX.
HEBREWS SHALL BE PERMITTED TO READ THE SACRED SCRIPTURES ACCORDING TO THEIR LAW IN LATIN, GREEK, OR ANY OTHER LANGUAGE. PERSONS WHO Do NOT BELIEVE IN THE LAST JUDGMENT OR THE RESURRECTION, AND WHO SAY THAT THE ANGELS ARE CREATURES OF GOD, SHALL BE EXPELLED FROM THEIR COUNTRY.
ONE HUNDRED AND FORTY-SIXTH NEW CONSTITUTION ................. 169
PREFACE ........................................................ 169
I. ............................................................. 170
• II. ............................................................. 171
III. ............................................................. 172
TITLE XXX.
CONCERNING THE REMISSION OF BALANCES DUE ON PUBLIC TAXES, AND THE ABOLITION OF CERTAIN ACTIONS.
ONE HUNDRED AND FORTY-SEVENTH NEW CONSTITUTION .............. 172
PREFACE ........................................................ 172
I. .............................................................. 172
II. .............................................................. 173
TITLE XXXI.
CONCERNING THE RELEASE FROM THE PAYMENT OF PUBLIC TAXES IN ARREARS.
ONE HUNDRED AND FORTY-EIGHTH NEW CONSTITUTION ............... 174
PREFACE ........................................................ 174
I. .............................................................. 174
II. .............................................................. 174
TITLE XXXII.
BISHOPS, ALONG WITH THE NATIVES AND EESIDENTS OF PROVINCES, SHALL NOTIFY THE EMPEROR WHOM THEY DESIRE TO HAVE AS GOVERNORS. THE SAID GOVERNORS SHALL BE GRATUITOUSLY APPOINTED, BUT WILL BE REQUIRED TO FURNISH A BOND TO THE TREASURY ; AND WHERE THE BISHOPS AND INHABITANTS OF PROVINCES NEGLECT TO ASK FOR A GOVERNOR, THEY CANNOT COMPLAIN OF HIM WHO is SENT TO THEM IN THIS CAPACITY, No MATTER WHAT HE MAY Do WITH REFERENCE TO THE COLLECTION OF PUBLIC TAXES. ONE HUNDRED AND FORTY-NINTH NEW CONSTITUTION ............... 175
PREFACE ........................................................ 175
I. ............................................................ 176
II. ............................................................ 176
III. ............................................................ 177
TITLE XXXIII.
CONCERNING A WOMAN WHO MARRIES HER RAVISHER. ONE HUNDRED AND FIFTIETH NEW CONSTITUTION .................... 178
TITLE XXXIV.
No DECURION OR COHORTAL SHALL BE BROUGHT INTO COURT OR COMPELLED TO OBEY A JUDICIAL DECISION WITHOUT AN ORDER OF THE EMPEROR COMMUNICATED TO THE PREFECTS. ONE HUNDRED AND FIFTY-FIRST NEW CONSTITUTION ................. 178
PREFACE ........................................................ 178
I. .............................................................. 178
TITLE XXXV.
IMPERIAL ORDERS RELATING TO PUBLIC MATTERS WILL BE OF No FORCE OR EFFECT, UNLESS THEY HAVE PREVIOUSLY BEEN COMMUNICATED TO THE MOST GLORIOUS PRAETORIAN PREFECT, FOR THEN ONLY CAN THEY BE EXECUTED.
ONE HUNDRED AND FIFTY-SECOND NEW CONSTITUTION. ............... 179
PREFACE ........................................................ 179
I. .............................................................. 179
TITLE XXXVI.
CONCERNING CHILDREN WHO ARE EXPOSED. ONE HUNDRED AND FIFTY-THIRD NEW CONSTITUTION. ................ 180
PREFACE ........................................................ 180
I. .............................................................. 180
TITLE XXXVII.
CONCERNING THOSE WHO CONTRACT UNLAWFUL MARRIAGES IN OSDRCENA.
ONE HUNDRED AND FIFTY-FOURTH NEW CONSTITUTION ................ 181
PREFACE ......................................................... 181
I. ........................................................'.!!.!. 181
TITLE XXXVIII.
MOTHERS SHALL BE REQUIRED TO RENDER ACCOUNTS OF THEIR GUARDIANSHIP.
ONE HUNDRED AND FIFTY-FIFTH NEW CONSTITUTION ................. 182
I. .............................................................. 183
TITLE XXXIX.
CONCERNING THE DIVISION OF CHILDREN AMONG PARENTS WHO ARE SERFS.
ONE HUNDRED AND FIFTY-SIXTH NEW CONSTITUTION ................. 184
PREFACE ........................................................ 184
I. .............................................................. 184
TITLE XL.
CONCERNING SERFS WHO CONTRACT MARRIAGES ON THE PREMISES OF OTHERS.
ONE HUNDRED AND FIFTY-SEVENTH NEW CONSTITUTION .............. 185
PREFACE ........................................................ 185
I. .............................................................. 185
TITLE XLI.
THE RIGHT OF DELIBERATION SHALL BE TRANSMITTED TO CHILDREN UNDER THE AGE OF PUBERTY.
ONE HUNDRED AND FIFTY-EIGHTH NEW CONSTITUTION. .............. 186
PREFACE ........................................................ 186
I. .............................................................. 187
TITLE XLII.
FIDUCIARY RESTITUTIONS SHALL BE LIMITED TO AN ESTABLISHED DEGREE.
ONE HUNDRED AND FIFTY-NINTH NEW CONSTITUTION ................ 187
PREFACE ........................................................ 187
I. . . ..... ................................................... 190
II. ............................................................. 190
III. ............................................................. 191
TITLE XLIII.
COPY OF THE IMPERIAL PRAGMATIC SANCTION CONCERNING INTEREST. ONE HUNDRED AND SIXTIETH NEW CONSTITUTION .................... 192
PREFACE ........................................................ 192
I. ............................................................... 192
TITLE XLIV.
CONCERNING THE GOVERNORS OF PROVINCES. ONE HUNDRED AND SIXTY-FIRST NEW CONSTITUTION .................. 193
PREFACE ........................................................ 193
I ........................................................ 193
II. ............................................................. 194
TITLE XLV.
PRAGMATIC SANCTION CONCERNING DIVERS MATTERS ADDRESSED TO DOMINICK, MOST GLORIOUS PREFECT.
ONE HUNDRED AND SIXTY-SECOND NEW CONSTITUTION ............... 195
I. CONCERNING DONATIONS ...................................... 195
II. ............................................................. 196
III. ............................................................. 197
TITLE XLVI.
CONCERNING THE RELEASE FROM PUBLIC TRIBUTE. ONE HUNDRED AND SIXTY-THIRD NEW CONSTITUTION. ................ 197
PREFACE ........................................................ 197
I. ............................................................. 198
II. ............................................................. 198
TITLE XLVII. CONCERNING HEIRS.
ONE HUNDRED AND SIXTY-FOURTH NEW CONSTITUTION ............... 199
PREFACE ........................................................ 199
I. .............................................................. 200
TITLE XLVIII.
GENERAL LAW HAVING REFERENCE TO THE VIEW OF THE SEA, ADDRESSED TO DOMINICK, MOST GLORIOUS PRAETORIAN PREFECT.
ONE HUNDRED AND SIXTY-FIFTH NEW CONSTITUTION ................. 201
TITLE XLIX.
CONCERNING ADDITIONS, THAT is TO SAY, CONCERNING THE TRANSFER OF TAXES FROM STERILE LANDS TO THOSE THAT ARE FERTILE.
ONE HUNDRED AND SIXTY-SIXTH NEW CONSTITUTION ................. 201
TITLE L.
GENERAL LAW OF Bissus RELATING TO POSSESSION, AND IN WHAT WAY IT MUST BE ACQUIRED.
ONE HUNDRED AND SIXTY-SEVENTH NEW CONSTITUTION .............. 202
TITLE LI.
CONCERNING PERSONS WHO ARE IN POSSESSION OF DIFFERENT LANDS FORMERLY BELONGING TO THE SAME OWNER.
ONE HUNDRED AND SIXTY-EIGHTH NEW CONSTITUTION ................ 202
THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
CONSTITUTION I. INTRODUCTION ................................................... 204
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 ............................................. 205
CONSTITUTION II.
WHERE ANYONE is WORTHY OF A HIGH SACERDOTAL DIGNITY, HE SHALL NOT BE EXCLUDED FROM IT, MERELY BECAUSE HE HAS LEGITIMATE CHILDREN ................................................... 206
CONSTITUTION III. ONE CAN ONLY MARRY BEFORE ENTERING THE PRIESTHOOD. .......... 207
CONSTITUTION IV.
NOT ONLY PRIESTS BELONGING TO THE CHURCH IN GENERAL BUT ALSO THOSE ATTACHED TO ANY PARTICULAR EDIFICE DEDICATED TO CHRISTIAN WORSHIP CAN LAWFULLY CELEBRATE THE SACRED MYSTERIES, AND PERFORM ALL THE RITES OF DIVINE SERVICE IN A PRIVATE CHAPEL WHEN THEY ARE SUMMONED FOR THAT PURPOSE. ....... 208
CONSTITUTION V.
A MONK CAN, BY WILL, DISPOSE OF THE PROPERTY WHICH HE HAS ACQUIRED ................................................... 210
CONSTITUTION VI.
A BOY OF TEN YEARS OF AGE CAN BE ADMITTED INTO THE MONASTIC ORDER ...................................................... 212
CONSTITUTION VII. No CLERK CAN AFTERWARDS BECOME A LAYMAN. .................... 213
CONSTITUTION Vill.
CONCERNING MEMBERS OF THE CLERGY WHO ABANDON A MONASTIC LIFE AND ARE ENROLLED AMONG THE ATTENDANTS OF GOVERNORS OF PROVINCES .................................................. 213
CONSTITUTION IX.
CONCERNING SLAVES WHO BECOME MEMBERS OF THE CLERGY WITHOUT THE KNOWLEDGE OF THEIR MASTERS ............................ 214
CONSTITUTION X.
CONCERNING SLAVES WHO ADOPT A MONASTIC LIFE WITH THE KNOWLEDGE OF THEIR MASTERS ...................................... 214
CONSTITUTION XL
CONCERNING A SLAVE PROMOTED TO THE EPISCOPATE WITHOUT THE KNOWLEDGE OF His MASTER .................................... 215
CONSTITUTION XII. CONCERNING THE USE OF THE SHOPS OF THE GREAT CHURCH .......... 215
CONSTITUTION XIII. CONCERNING PERPETUAL EMPHYTEUSIS ............................. 216
CONSTITUTION XIV. CONCERNING THOSE WHO LEAVE A MONASTERY UNFINISHED, .......... 216
CONSTITUTION XV.
IT SHALL BE LAWFUL TO CONFER THE SALUTARY RITE OF BAPTISM IN ANY PRIVATE CHAPEL WHATSOEVER. ........................... 218
CONSTITUTION XVI.
ANYONE CAN BE CREATED A SUBDEACON WHO HAS REACHED His TWENTIETH YEAR ................................................. 218
CONSTITUTION XVII.
WOMEN IN CHILDBED CANNOT TAKE PART IN THE CELEBRATION OF DIVINE MYSTERIES, AND THEIR INFANTS CANNOT BE BAPTIZED UNTIL AFTER FORTY DAYS, UNLESS SOME URGENT NECESSITY REQUIRES THIS TO BE DONE ........................................... 219
CONSTITUTION XVIII.
THE PENALTY INCLUDED IN THE CONTRACT OF BETROTHAL SHALL BE EXACTED .................................................... 220
CONSTITUTION XIX.
CONCERNING THE CONTRACT OF A FATHER BY WHICH A SON BECOMES ENTITLED TO A SHARE OF His ESTATE EQUAL TO THAT OF THE OTHER HEIRS ...................................................... 221
CONSTITUTION XX.
NEITHER HUSBAND NOR WIFE SHALL, IN CASE OF THE DEATH OF ONE OF THEM, BE ENTITLED TO ANYTHING EXCEPT THE DONATION GIVEN IN CONSIDERATION OF MARRIAGE ............................... 222
CONSTITUTION XXI.
THE PROMISE OF A DOWRY SHALL BE FULFILLED BY THE DELIVERY OF PROPERTY BELONGING TO THE FATHER'S OR MOTHER'S ESTATE. ..... 224
CONSTITUTION XXII.
A WOMAN WHO DOES NOT MARRY A SECOND TIME SHALL BE ENTITLED TO THE SHARE OF A SINGLE CHILD OUT OF HER HUSBAND'S ESTATE, AND WHERE THE FATHER SURVIVES HE SHALL ENJOY THE SAME PRIVILEGE ................................................... 225
CONSTITUTION XXIII.
GOVERNORS SHALL NOT CONTRACT MARRIAGES WITH FEMALE MEMBERS OF THEIR HOUSEHOLDS WHILE IN THEIR PROVINCES. ............. 226
CONSTITUTION XXIV.
NATURAL CHILDREN CANNOT CONTRACT MARRIAGE WITH OTHERS WHO ARE ADOPTIVE ............................................... 227
CONSTITUTION XXV. CONCERNING EMANCIPATION AND THE RESTITUTION OF THE DOWRY. .... 227
CONSTITUTION XXVI. EUNUCHS CAN ADOPT............................................. 229
CONSTITUTION XXVII. ALL PERSONS ARE EQUALLY PERMITTED TO ADOPT. ................... 230
CONSTITUTION XXVIII.
AT WHAT AGE AND TO WHOM THE ADMINISTRATION OF THEIR PROPERTY SHOULD BE GRANTED TO MINORS. ............................... 231
CONSTITUTION XXIX.
THE CHILDREN OF FEMALE SLAVES BORN UPON THE LAND OF ANOTHER BELONG TO THEIR MASTERS .................................... 232
CONSTITUTION XXX.
CONCERNING A WOMAN WHO CONTRACTS ANOTHER MARRIAGE DURING THE LIFETIME OF HER HUSBAND. ............................... 233
CONSTITUTION XXXI.
A WOMAN WHO THROUGH HATRED TO HER HUSBAND PRODUCES AN ABORTION UPON HERSELF MAY BE REPUDIATED BY HIM ........... 234
CONSTITUTION XXXII. CONCERNING PERSONS TAKEN IN ADULTERY. ........................ 235
CONSTITUTION XXXIII.
THE WIVES OF CAPTIVES SHALL NOT BE PERMITTED TO MARRY OTHER MEN ....................................................... 236
CONSTITUTION XXXIV. CONCERNING A GUARDIAN WHO CORRUPTS His FEMALE WARD. ......... 237
CONSTITUTION XXXV.
CONCERNING THE PUNISHMENT OF THE RAVISHER OF A VIRGIN AND His ACCOMPLICES ................................................ 238
CONSTITUTION XXXVI. THE SON OF A CAPTIVE SHALL BE His HEIR. ........................ 239
CONSTITUTION XXXVII.
A SLAVE WHO is MANUMITTED BY THE WILL OF His MASTER HAS TESTAMENTARY CAPACITY, EVEN IF HE DOES NOT KNOW THAT His MASTER is DEAD AND THAT His ESTATE HAS BEEN ENTERED UPON ........ 240
CONSTITUTION XXXVIII.
THE SLAVES OF THE EMPEROR CAN DISPOSE OF ANY PROPERTY BELONGING TO THEM IN ANY WAY THAT THEY MAY DESIRE ............. 241
CONSTITUTION XXXIX. A SPENDTHRIFT CAN DISPOSE OF His OWN PROPERTY. ................ 241
CONSTITUTION XL. CAPTIVES HAVE TESTAMENTARY CAPACITY. .......................... 242
CONSTITUTION XLI.
IN CITIES FIVE WITNESSES, AND ON A JOURNEY AND IN THE COUNTRY THREE, SHALL BE SUFFICIENT TO ESTABLISH THE VALIDITY OF A WILL ....................................................... 244
CONSTITUTION XLII.
WHERE THERE is A SUFFICIENT NUMBER OF WITNESSES THE WILL SHALL BE VALID, EVEN THOUGH THEY MAY NOT HAVE ATTACHED THEIR SIGNATURES OR SEALS TO THE INSTRUMENT ...................... 245
CONSTITUTION XLIII.
WILLS CAN BE WITNESSED BY PERSONS WHO Do NOT KNOW How TO WRITE ...................................................... 247
CONSTITUTION XLIV. BY WHOM WILLS OUGHT TO BE SIGNED ............................. 247
CONSTITUTION XLV.
JUDGES MUST COMMIT THEIR DECISIONS TO WRITING AND SIGN THEM WITH THEIR OWN HANDS. .................................... 248
CONSTITUTION XLVI.
ABROGATION OF CERTAIN LAWS ENACTED WITH REFERENCE TO CURIAS AND DECURIONS ............................................. 248
CONSTITUTION XLVII.
ABROGATION OF THE LAW AUTHORIZING THE SENATE TO APPOINT PR^E-TORS, AND DECURIONS TO APPOINT PREFECTS ..................... 249
CONSTITUTION XLVIII. WOMEN SHALL NOT ACT AS WITNESSES IN THE EXECUTION OF CONTRACTS 249
CONSTITUTION XLIX. SLAVES SHALL NOT BE PERMITTED TO GIVE TESTIMONY. ............... 250
CONSTITUTION L.
DONATIONS WHICH HAVE NOT BEEN REDUCED TO WRITING SHALL ONLY BE VALID WHERE SUMS UP TO FIVE HUNDRED AUREI ARE INVOLVED 251
CONSTITUTION LI. To WHOM TREASURE TROVE SHOULD BELONG. ....................... 251
CONSTITUTION LII.
MONEY COINED BY ANCIENT AS WELL AS MODERN SOVEREIGNS SHALL BE CURRENT, PROVIDED IT Is OF LEGAL WEIGHT AND OF PROPER MATERIAL ...................................................... 252
CONSTITUTION LIII.
ANYONE SHALL BE PERMITTED TO BURY THE DEAD WITHIN CITIES AS WELL AS OUTSIDE THE SAME .................................. 253
CONSTITUTION LIV. ALL PERSONS SHALL ABSTAIN FROM LABOR ON SUNDAY. ............. 254
CONSTITUTION LV. JEWS SHALL LIVE IN ACCORDANCE WITH THE RITES OF CHRISTIANITY .. 255
CONSTITUTION LVI. CONCERNING THE SHORES OF THE SEA ............................... 256
CONSTITUTION LVII. How FAR FROM ONE ANOTHER SHOULD FISHING NETS BE PLACED?. .... 256
CONSTITUTION LVIII. FOOD SHALL NOT BE COMPOSED OF BLOOD. ...................."....... 257
CONSTITUTION LIX. REPEAL OF THE LAW WHICH PERMITS A FREEMAN TO SELL HIMSELF. ... 257
CONSTITUTION LX. IN WHAT WAY PERSONS WHO CASTRATE OTHERS SHOULD BE PUNISHED. . 258
CONSTITUTION LXI.
WHAT PENALTY SHALL BE INFLICTED UPON THE COLLECTORS OF TAXES WHERE THEY DEMAND MORE THAN is DUE. .................... 259
CONSTITUTION LXII.
CONCERNING THE PENALTY INCURRED BY ONE WHO SELLS ANY PUBLIC PROPERTY WHATSOEVER ....................................... 260
CONSTITUTION LXIII.
CONCERNING THE PENALTY TO WHICH THOSE ARE LIABLE WHO TRANSFER FORBIDDEN THINGS TO THE ENEMY. ............................ 260
CONSTITUTION LXIV.
CONCERNING THE PENALTY TO BE IMPOSED UPON THOSE WHO SUPPRESS INFORMATION OF A SHIPWRECK ................................ 261
CONSTITUTION LXV. CONCERNING THE PENALTY TO WHICH ENCHANTERS ARE LIABLE ....... 262
CONSTITUTION LXVI. CONCERNING THE THEFT OF SLAVES. ............................... 263
CONSTITUTION LXVII.
CONCERNING THOSE WHO Go OVER TO THE ENEMY AND VOLUNTARILY RETURN .................................................... 263
CONSTITUTION LXVIII.
MONKS AND OTHER MEMBERS OF THE CLERGY CAN BE APPOINTED GUARDIANS, BUT THEY SHALL BE DEPRIVED OF THE CONTROL OF THEIR WARDS AS WELL AS OF THE ADMINISTRATION OF THEIR PROPERTY. .. 264
CONSTITUTION LXIX. BLIND MEN CAN MAKE WILLS SECRETLY. ........................... 265
CONSTITUTION LXX. CONCERNING ROBBERY ............................................ 266
CONSTITUTION LXXI.
CONCERNING THOSE WHO INTEND TO BUILD UPON TILLABLE LAND OR IN VINEYARDS ............................................... 267
CONSTITUTION LXXII.
CONTRACTS SHALL BE VALID EVEN WHERE No PENALTY is ATTACHED TO THEIR VIOLATION ............................................ 268
CONSTITUTION LXXIII. No ONE SHALL LIVE WITH WOMEN IN HOUSES ATTACHED TO CHURCHES 268
CONSTITUTION LXXIV.
No NUPTIAL BENEDICTION SHALL BE CONFERRED UPON PERSONS WHO ARE BETROTHED BEFORE THE TIME WHEN THEY CAN BE MARRIED. . 269
CONSTITUTION LXXV.
A PERSON WHO HAS REACHED THE AGE OF TWENTY YEARS CAN BE CREATED A SUBDEACON ....................................... 269
CONSTITUTION LXXVI.
CONCERNING THE PENALTY IMPOSED UPON PRIESTS WHO COMMIT PERJURY ....................................................... 270
CONSTITUTION LXXVII. CONCERNING THE PENALTY FOR FORGERY. ........................... 270
CONSTITUTION LXXVIII. No DECREE OF THE SENATE SHALL BE ENACTED HEREAFTER. .......... 271
CONSTITUTION LXXIX.
CONCERNING THE PENALTY TO BE IMPOSED UPON PRIESTS, DEACONS, AND SUBDEACONS WHO MARRY AFTER HAVING BECOME MEMBERS OF THE ECCLESIASTICAL ORDER ....................................... 271
CONSTITUTION LXXX. CUTTINGS AND PIECES OF PURPLE CLOTH CAN PUBLICLY BE SOLD. ...... 271
CONSTITUTION LXXXI.
THE MANUFACTURE OF ANY ARTICLE OUT OF GOLD OR PRECIOUS STONES Is, IN GENERAL, PROHIBITED. .................................. 272
CONSTITUTION LXXXII. CONCERNING OPENED WILLS. ...................................... 272
CONSTITUTION LXXXIII.
A LOAN OF MONEY BEARING INTEREST AT FOUR PER CENT CAN LEGALLY BE MADE .................................................... 273
CONSTITUTION LXXXIV.
MAGISTRATES OF CITIES SHALL BE PERMITTED TO TRANSACT BUSINESS, TO CONSTRUCT BUILDINGS, AND TO ACCEPT DONATIONS ............ 274
CONSTITUTION LXXXV.
FATHERS WHO Do NOT MARRY A SECOND TIME WILL BE ENTITLED TO A SHARE EQUAL TO THAT OF ONE OF THEIR CHILDREN .............. 275
CONSTITUTION LXXXVI.
CONCERNING THE PENALTY TO BE IMPOSED UPON BISHOPS, PRIESTS, AND OTHER MEMBERS OF THE CLERGY WHO DEVOTE THEMSELVES TO THE PRACTICE OF LAW, TO THE NEGOTIATION OF MARRIAGES, TO THE REDEMPTION OF SLAVES, AND TO OTHER MATTERS OF THIS KIND. ..... 275
CONSTITUTION LXXXVII.
CONCERNING THE PENALTY TO BE INFLICTED UPON ECCLESIASTICS WHO INDULGE IN GAMES OF CHANCE. ............................... 276
CONSTITUTION LXXXVIII.
INSTITUTION OF CERTAIN FESTIVALS IN HONOR OF MEN CELEBRATED IN THE CHURCH ................................................ 276
CONSTITUTION LXXXIX.
MARRIAGES SHALL NOT BE CONFIRMED WITHOUT THE SACRED BENEDICTION ........................................................ 277
CONSTITUTION XC.
PERSONS WHO CONTRACT A THIRD MARRIAGE WILL INCUR THE PENALTY OF THE SACRED CANONS ....................................... 277
CONSTITUTION XCI. IT SHALL NOT BE LAWFUL TO KEEP A CONCUBINE .................... 278
CONSTITUTION XCII.
CONCERNING THE PENALTY TO WHICH A PERSON is LIABLE WHO INTENTIONALLY BLINDS ANOTHER ................................... 278
CONSTITUTION XCIII.
WHERE A WOMAN is FOUND TO BE PREGNANT BY SOMEONE ELSE THAN HER HUSBAND, THE MARRIAGE CAN BE ANNULLED ............... 280
CONSTITUTION XCIV. ABROGATION OF THE LAW RELATING TO THE CONSULATE ............... 280
CONSTITUTION XCV. CONCERNING THE DISPLACEMENT OF SOIL. .......................... 281
CONSTITUTION XCVI. CONCERNING THE VIOLATION OF SEPULCHERS. ................:...... 282
CONSTITUTION XCVII.
PARTIES LITIGANT SHALL BE SWORN WHEN ISSUE is JOINED IN A CASE, AND MAGISTRATES SHALL TAKE AN OATH WHEN THEY ASSUME THE DUTIES OF THEIR OFFICE. ..................................... 283
CONSTITUTION XCVIII.
CONCERNING THE PENALTY TO BE INFLICTED UPON EUNUCHS IF THEY SHOULD MARRY .............................................. 283
CONSTITUTION XCIX.
HE WHO TENDERS AN OATH MUST HIMSELF FIRST SWEAR THAT HE Is NOT ACTUATED BY MALICE ..................................... 285
CONSTITUTION C. CONCERNING SLAVES WHO MARRY PERSONS WHO ARE FREE ............ 286
CONSTITUTION CI.
WHERE ONE OF Two SLAVES WHO WERE MARRIED OBTAINS His OR HER FREEDOM ................................................... 286
CONSTITUTION CH.
CONCERNING MARITIME LANDS WHERE THE SPACE is NOT SUFFICIENT FOR THE PLACING OF SEPARATE NETS, ALL PERSONS, EVEN AGAINST THEIR WILL, MUST UNITE FOR THIS PURPOSE .................... 287
CONSTITUTION GUI.
CONCERNING THOSE WHO MAKE USE OF THEIR MARITIME LANDS IN COMMON FOR THE PURPOSE OF STRETCHING NETS. ............... 288
CONSTITUTION CIV.
CONCERNING FISHING NETS BETWEEN WHICH No SPACE is KEQUIRED
BY LAW ..................................................... 289
CONSTITUTION CV.
WHERE A MAGISTRATE is CONVICTED OF HAVING PLUNDERED THE TREASURY ........................................................ 289
CONSTITUTION CVI.
CONCERNING THE AMOUNT TO WHICH WOMEN WHO ARE UNENDOWED SHALL BE ENTITLED OUT OF THE ESTATES OF THEIR DECEASED HUSBANDS .................................................. 290
CONSTITUTION CVII.
A PLAINTIFF MUST, BEFORE JOINDER OF ISSUE, AND WHEN HE FILES His COMPLAINT WITH THE JUDGE, PROVE THAT HE DOES So IN GOOD FAITH ................................................. 291
CONSTITUTION CVIII.
CONCERNING ONE WHO DOES NOT APPEAR IN COURT AFTER HAVING BEEN NOTIFIED THE FIRST TIME. .............................. 291
CONSTITUTION CIX.
A BETROTHAL CANNOT TAKE PLACE BEFORE THE PARTIES HAVE REACHED THEIR SEVENTH YEAR, NOR CAN A MARRIAGE BE CELEBRATED BEFORE MALES HAVE ATTAINED THEIR FIFTEENTH YEAR AND FEMALES THEIR THIRTEENTH ................................................ 292
CONSTITUTION CX.
A WOMAN AFTER HER MARRIAGE HAS BEEN DISSOLVED SHOULD DRAW UP AN INVENTORY CONTAINING HER DOWRY, THE ANTE-NUPTIAL DONATION, AND ALL THE REMAINING PROPERTY OF HER HUSBAND; AND HAVING PRODUCED IT, CAN ASK TO BE INDEMNIFIED FOR ANY Loss TO HER PROPERTY WHICH SHE HAS SUSTAINED AT THE HANDS OF HER HUSBAND, BUT IF SHE FAILS TO FILE SUCH AN INVENTORY, OR OFFER CONVINCING PROOF OF HER ALLEGATIONS, SHE CAN NEITHER CLAIM NOR RECOVER ANYTHING. ...................... 293
CONSTITUTION CXI.
IF A WIFE SHOULD LOSE HER MIND AND THIS is DUE TO THE MALICE OF HER HUSBAND, OR WITHOUT ANYONE ELSE HAVING CAUSED IT BY WITCHCRAFT WITH HER HUSBAND'S KNOWLEDGE, AND HER AFFLICTION SHOULD LAST MORE THAN THREE YEARS, THE MARRIAGE MAY BE DISSOLVED, AND THE HUSBAND SHALL BE AT LIBERTY TO MARRY AGAIN ...................................................... 293
CONSTITUTION CXII.
WHERE THE HUSBAND BECOMES INSANE DURING MARRIAGE IT CANNOT BE DISSOLVED UNTIL AFTER THE EXPIRATION OF FIVE YEARS; BUT AFTER THIS PERIOD HAS ELAPSED, IT MAY BE DISSOLVED IF HE STILL REMAINS DEMENTED .................................... 295
CONSTITUTION CXIII.
GALLERIES, COMMONLY CALLED BALCONIES, SHALL BE CONSTRUCTED AT A DISTANCE OF TEN FEET FROM A NEIGHBORING BUILDING, AS THIS HAS BEEN PROVIDED BY LAW WITH REFERENCE TO OTHER STRUCTURES ...................................................... 296
AUTHENTIC OR NEW
CONSTITUTIONS OF OUR LORD
THE MOST HOLY EMPEROR JUSTINIAN.
EIGHTH COLLECTION.
TITLE I.
CONCERNING THE TIME AVAILABLE WHEN MONEY FORMING PART OF THE DOWRY HAS NOT BEEN PAID.
ONE HUNDREDTH NEW CONSTITUTION.
The Emperor Justinian to John, Most Glorious Praetorian Prefect of the East, twice Consul and Patrician.
PREFACE.
Our laws have left without consideration all cases where sums expected to be paid have not been counted out and delivered, but We have abridged the prolixity and length of these, lest men may be enabled to take advantage of their negligence under such circumstances, or even be guilty of fraud; for evidence is not always available by those who wish to make use of it, and time disposes of many things. Wherefore We have, in certain instances, abridged the length of complaints in cases where the money was not paid over, which may be collected under laws already enacted; for, as the entire time of the existence of the marriage was granted to husbands to demand a dowry which had not been paid, and another year was conceded for this purpose after their death, or after repudiation, We have deemed it proper by means of a short and useful law to abridge the time during which the claim for a dowry which was not paid shall be made, and release women from the necessity of proving, after a long period had elapsed, that this had been done.
CHAPTER I. CONCERNING DOWRIES WHICH HAVE NOT BEEN PAID.
Therefore where a man lives with his wife for the term of two years or less, and does not receive his dowry, his silence shall not prejudice the rights of himself or his heirs; but a demand for the dowry can be made within another year, as the brief duration of the marriage impels Us to enact this legislation. Where the matrimonial union lasts longer than two years, but less than ten, We give the hus-
band permission to present his claim during the existence of the marriage, and to state that the dowry has not been paid to him, either wholly or in part. Where he has once formulated his demand, under such circumstances, and his wife does not prove that she paid the dowry, the husband shall transmit his right of action to his heirs.
(1) When, however, the dowry is not demanded within ten years, We forbid the husband, on account of his silence, to claim it after this period has elapsed, and We do not grant a year to his heirs for this purpose. We do not establish this rule as a penalty against anyone, but on account of the solicitude which We entertain for the liberty of Our subjects. For when the husband can demand the dowry during so long a period (We mean the term of ten years), but prefers to remain silent, it is perfectly clear that, although he has not received it, it was his intention to entirely relinquish it himself, or allow his heirs to do so.
The provisions of this law shall be applicable even in case the marriage should be dissolved by repudiation. We make no distinction where the woman herself has stipulated for the dowry; for whether this be the case, or some other person has constituted it for her; since, as We have previously stated, lapse of time will invariably produce its effect, and will either confer or take away the right to bring the action to collect the dowry.
It is, however, unnecessary for the demand for the dowry merely to be made verbally (for often indignation or some other incentive induces the husband to make it in this way, or it may even happen that he does not demand it at all, and that witnesses who have been purchased make false statements), but the demand must be made in writing. If anyone should desire to bring suit for this purpose, he shall absolutely be required to notify the woman or whoever is obliged to pay the dowry, as there is nothing which prohibits the husband from personally making the demand. The wife should not disregard the notice, she cannot anticipate it, and he who is about to file the complaint should not leave her in ignorance of the fact.
CHAPTER II.
Therefore, generally speaking, it must be said that where a marriage is dissolved either by death or repudiation within two years, the husband himself, as well as his heir, can, during another year, apply to the court on the ground that the money has not been paid. If, however, the marriage should last more than two years, and less than ten, We do not grant the husband or his heir a longer term than three months in which to make a demand for the dowry. But when ten years have elapsed, then neither the husband nor his heir shall be permitted to claim the dowry, and this time shall be sufficient to insure its retention by the woman. Where the husband is a minor, and has not claimed the dowry, We allow him a term not exceeding twelve years from the date of his marriage to do so; for We are aware that marriages of this kind are not contracted before the age of fifteen years; hence it follows that if the minor has passed his twenty-fifth
year, he can, until his twenty-seventh, claim the dowry on the ground that it has not been paid, and if he should die during this time, his heirs shall have a year for that purpose.
(1) But where the heirs of anyone who is either of age or a minor did not demand the dowry themselves and are minors, they will only have five years in which to claim it on the ground of its not having been paid; and this time will be sufficient for them without waiting for the majority of all the minors. The following circumstance induced Us to enact the present law, namely: A certain woman married a boy of fourteen years of age, and twenty years after the death of the latter, she, taking an improper advantage of the age of the minor son, whom she had had by him, demanded the return of her dowry. The son, however, opposed this by alleging that the dowry had not been paid, but he did so twenty-four years after his mother's marriage, a case which, after due consideration, We had already provided for.
Under the present law We allow minors the term of five years in which to avail themselves of the claim that the dowry was not paid; nevertheless, a husband who has given a receipt for the dowry cannot proceed in this manner, and all cases of this kind shall be decided after the time of majority or minority has elapsed. This rule is applicable to all future marriages, for, so far as those at present existing are concerned, if they last less than ten years and more than two, the husband, in order to demand a dowry which has not been paid, will be entitled to the time granted him after the expiration of the said terms. But where the marriage lasts less than two years, or more than ten, afterwards, then We grant the husband two years in which to claim the unpaid dowry and We allow his heirs three months after the dissolution of the marriage for this purpose, in order that justice may be done to them in every respect.
EPILOGUE.
Your Highness will hasten to see that what We have been pleased to enact by this Imperial Law is executed.
Given at Constantinople, on the thirteenth of the Kalends of January, during the thirteenth year of the reign of Our Lord the Emperor Justinian, and the Consulate of Ario.
TITLE II.
CONCERNING DONATIONS MADE BY DECURIONS TO THEIR SUCCESSORS EITHER AB INTESTATO OR BY WILL.
ONE HUNDRED AN.D FIRST NEW CONSTITUTION. The Emperor Justinian to John, Most Glorious Praetorian Prefect of the East, twice Consul and Patrician.
PREFACE.
An application made to Us by certain decurions has afforded Us the opportunity of promulgating a good law. And We enact it, not
merely as applicable to certain decurions but to those who are subject to Our authority. We mean to such as are in the East, as well as to all who are included within the limits of the Empire. For, remembering that Our predecessors were solicitous for the welfare of decurions, and to the collation of their property in the curise, the result of this has been that some persons have become members of the curia, and others have been released from curial obligations. We now grant permission to decurions to appoint heirs, not only among the decurions of the same city (for they are permitted to do this at the present time), but even to appoint as heirs persons who are not subject to curial duties, when they desire to do so; but on the condition that he or they who are designated shall, in every respect, take the place of the deceased, that is to say, shall be invested with the curial status, and perform the functions of decurions; and, under these circumstances, those who are appointed heirs shall be entitled to the estate without opposition.
We are sure that the amendment included in the present law will have such an effect that the curia will thereby acquire great wealth; that the decurion and his property will, in the future, derive substantial benefit from this legislation; and that the curia will flourish on account of the large number of its members to whose fortunes it will be entitled.
CHAPTER I.
Therefore We order that when decurions make their wills, they shall be permitted to designate as heirs either any persons whom they may select, or other decurions of the same city (We authorize them to do this by Our law), or any members of their families or even strangers, whether they are decurions or not; and We permit them to appoint the said heirs to any share under nine-twelfths of their estates, or to all of them, under the condition, however, that they shall give themselves to the curia, join the body of decurions, and discharge their official duties.
This rule shall be applicable to children, grandchildren, and other descendants; but it shall not be observed in the same way prescribed by the constitution having reference to those who offer themselves to the curia, which directs that the offspring of persons who have offered themselves in this way shall not belong to the curial condition; but persons who bind themselves to the curia shall be deeurions, just as if they had been so from the beginning, and as if they had, through their families, been united with the curia, had had their names inscribed upon its register, and had been included in the body of decurions. For there is no difference whatever between appointing as heir one who is a member of the same curia, or appointing one who will soon become such.
CHAPTER II.
But where a blood-relative is living who, being exempt from curial obligations, may be called to the succession of a decurion that died intestate, and he wishes to become a member of the curia,, he shall
be permitted to do so, and he can have his name inscribed upon the register within six months. He will then become a decurion; along with his successors his property will pass to the Order, and will be the heir of the deceased; for as the fortune of anyone who has once succeeded to an inheritance (whether he is already a decurion, or becomes one hereafter) belongs to the curia, he can claim nothing of the estate of the deceased, so far as one-fourth or nine-twelfths of it are
concerned.
But where anyone has given a large portion, or nine-twelfths of his property, to a decurion of the same city, or to anyone else, and then offers himself together with the remainder of his estate and the offspring which he already has, or which he may have hereafter, to the cwriu to which he belongs, We decree that this generous act shall take effect only under the condition that the donee becomes a decurion, for We desire constantly to take precautions to prevent the property of decurions from being in any way diverted from the curia, of which they are members.
CHAPTER III.
But in order that these things may take place without the appearance of collusion, and that certain persons, having obtained the estates of decurions either through donations or by will (as We have previously stated), or where they pass in case of intestacy, may not, by virtue of such gifts, attempt to enjoy said property without offering themselves to the curia,, We order that if, as has already been stated, the donor has made a gift, the property shall not immediately be transferred to the donee, but shall remain in possession of the donor until the person who has accepted the donation has bound himself to the curia, by means of an instrument executed gratuitously, and without expense, before the judge of the province, in the manner already prescribed; and that as soon as his name is inscribed upon the register of decurions his property shall be delivered to him. But where the donor has already transferred the property to the donee, and the latter has not yet announced his intention of becoming a member of the curia, three-fourths of the said property shall be reserved, which We desire, by all means, to be acquired by it.
(1) If anyone who is not a decurion should be entitled to the estate of a member of the Order either by will or ab intestato, the curia, will share the inheritance with him; and immediately after the death of the decurion, an inventory shall be drawn up without any loss resulting therefrom, in the presence of the defender of the city and of the person called to the succession; the property shall be de-' livered to the curia under the seal either of the defender or of the bishop; and when the aforesaid statement has been committed to writing before the judge of the province, and the heir has (in conformity with what has frequently been stated) become a member of the curia, and his rights and any offspring which has been or may subsequently be born to him have been duly transferred to the curia, he shall then receive the property given and become the owner of the same, just as
if he had been a decurion in the first place, and he will not appear to differ from one born in that condition. The judge of the province will receive without compensation or expense the document by which the obligations to the curia are assumed.
We do not promulgate this law for the purpose of injuring the curia,, and subjecting it to loss, but, on the contrary, for its benefit, and We desire that it shall be valid for all time, since through the accession of wealth and numbers it increases the power and the resources of decurions. Where, however, he who is called to the succession of a decurion who died intestate is not himself a member of the Order, and is unwilling to accept the estate, and devote himself to the curia, the latter shall be entitled to three-fourths of the property, and the heir shall be the owner of only the one-fourth, which the previous law allots to him, even thougTi he may not be a decurion. Where several heirs in the same degree are called to the succession of a decurion, and some of them become members of the curia, and others refuse, he or they who devote themselves to it shall be entitled to three-fourths of the estate, and the heirs at law shall obtain the other fourth; for We are desirous that three-fourths of the same shall pass without diminution to the decurions of the city.
CHAPTER IV.
But if a decurion should die leaving a daughter who is married to another decurion of the same town, there is no doubt that she will receive the entire estate of her father, or at least three-fourths of it, when he desires to leave one-fourth to someone else; but where she had not already become the wife of a decurion, and he who married her consents to become one and assume the curial obligations, the marriage will be valid; the husband will unquestionably be entitled to administer three-fourths of the estate on account of his good- will to the curia, for which reason We wish three-fourths of the property to be transferred to his wife; and he shall assist in the conduct of the affairs of the municipality.
But when there are several daughters, some of whom are married to men who are already decurions, or to others who become such by the assumption of curial duties, three-fourths of the estate shall be divided among them, and one-fourth among the other daughters; but the men who have married the daughters of the decurion shall use their property for the benefit of the curia, even though the ownership of said property may be vested in their wives; for We have given the estate of the father to the latter in order to compel their husbands to perform the functions of decurions. When a woman married to a man who has become a decurion dies, and she has had male children by him, the estate will pass to these children, who themselves will become members of the curia, and the transmission of the estate will take place without further ceremony.
(1) If, however, the children should be daughters, and some of them have married men who are already decurions, or who have devoted themselves to the curia in the same town, they shall also be
entitled to the estate without any hindrance, by reason of being subjected to the performance of the curial duties through the medium of their husbands. But if, among the daughters whom the wife of the deceased decurion has left, there should be any who are not married to decurions, and others who are the wives of men that are already decurions, or will become so hereafter, then, in accordance with the division formerly established, the daughters married to decurions will have a right to three-fourths of the estate, and their husbands shall discharge the curial functions in their behalf, and the other daughters will be entitled to one-fourth.
Where, however, a woman married to a decurion leaves either male or female children, her husband will enjoy the usufruct of the property as long as he lives, on condition of his discharging curial duties. If he marries a second time, and becomes the father of male or female children, and his daughters marry decurions, his children shall also hold the property for the benefit of the curia; and if he dies, or does not contract a second marriage, or if, having daughters, he does not marry them to men who are already decurions, or who will become such, then the curia will acquire the property in regular order. For We never allow this share of an estate and the functions of decurions to be alienated, or where this kind of a succession passes to several persons, We desire that three-fourths of the estate shall be reserved for the curia by all the lineal descendants, either through the male children of decurions, or the sons-in-law of the latter who assume curial obligations.
This law shall be observed for all time in cases which are still pending and have not been decided by judicial decision or amicable intervention.
EPILOGUE.
Your Excellency will hasten to cause to be observed what has seemed to Us to be proper to promulgate by this Imperial Law, and you will especially make provision for everything which concerns the public welfare.
TITLE III. CONCERNING THE GOVERNOR OF ARABIA.
ONE HUNDRED AND SECOND NEW CONSTITUTION.
The Emperor Justinian to John, Most Glorious Pratorian Prefect of the East, twice Consul and Patrician.
PREFACE.
As We have already given a better form to the greater portion of the magistracies of the provinces which were previously in an inferior and abject condition, and not adapted to the proper transaction of any public business, and as We have afterwards appointed to them officials who were more qualified in every respect, and the latter have begun to
conduct the administration of affairs in such a way that everything shows great improvement; and as We have revived a large number of ancient titles, such as those of Proconsul, Prator, and Governor, and have increased the emoluments of these magistrates, as well as added to their authority; and as We have, above all, forbidden them to wrong Our subjects, or to employ a multitude of hands to plunder them; and, with a view to prevent this, We have required them to take the most terrible of oaths, and it is not until they have done so that We have placed them in office, considering that they are only then worthy of receiving their commissions; for all these reasons We now turn Our attention to the country of the Arabs, where similar changes are necessary because the people are in great want, and in direct correspondence with the unhappy state of this nation, large numbers of its inhabitants apply to Us for relief, all of them giving utterance to lamentations, some, on account of thefts and robbery committed; others, because of injuries sustained, and others again, on account of losses which have been inflicted upon them; and We have ascertained that the cause of all this evil can be traced to the incapacity and impotence of the magistrates entrusted with the government. For those who are invested with civil magistracy have so little power that they are, by a custom in some respects of a servile character, subjected to the authority of a military commander, and rendered dependent upon him, while he himself is not, properly speaking, a magistrate. Hence it necessarily follows that during the long period when there was no civil magistrate in Arabia, the military commander discharged his duties, while he was not competent to perform the functions of either this office or his own; and instead of trying to benefit Our subjects in any way, he confined himself to the collection of the salaries of both employments.
CHAPTER I.
These things have induced Us to promulgate the present law, and, availing Ourselves of it, We impart to the magistracy of Arabia a better form, and kindly grant to him who is invested with its administration the name of Governor (which We have also done in Pontus), and We also confer upon him the title of spectabile magistrate, in order that he may not be, in any respect, inferior to the military commander. He must supervise with great diligence the collection of taxes, as well as pay particular attention to the welfare of private persons; he must not allow Our subjects to suffer loss at the hands of the military commander, the tribune, the retainers of any powerful person, the officials of Our own Imperial domain, or those having charge of Our private property, or even the members of Our Imperial household. He must not too readily consent to anything, or be influenced by fear; he must govern Our subjects with firmness, and, above all, keep his hands clean towards God, Ourselves, and the law; as We desire him to take the same oaths required by Us or other magistrates. He will receive, along with his commission, the Imperial instructions employed by Our predecessors, and adopted by the ancient Republic, and which We have renewed after they had fallen into
desuetude. He will always regulate his official conduct by them, and will obey Our orders. If he observes these regulations in every respect, there will be no reason for his not discharging his duties with propriety and sagacity; and, with the aid of God, to acquire great skill and readiness in the administration of justice.
CHAPTER II.
Therefore (as We have already stated), the Governor of Arabia will principally devote himself to the collection of taxes, and manifest a kind and paternal regard for those who are required to pay them; but he must display great energy and severity towards such as are shown lax in discharging their pecuniary obligations. He shall also administer the affairs of the government in such a way that everything will be conducted in an orderly manner; he shall see that the Bostreni and other peoples do not take part in any tumults or seditions, and that the festivals whose celebration has been sanctioned from ancient times are not turned into scenes of rage and slaughter. He will also, in conformity to Our mandates, have soldiers under his command (whom he shall be at liberty to select here), and he will not fail to do whatever is conducive to the public welfare. We desire him to be installed with the same honors which We have bestowed upon the Governor of Pontus. He shall be of spectabile rank, and be invested with various titles and many other distinctions. We grant him emoluments similar in character to those of the Governor of Pontus above mentioned, as We wish him to receive fourteen pounds of gold by way of salary, besides other emoluments, and his assessor to receive five, and the members of his court nine. He will govern in accordance with the Imperial Mandates (as We have just stated) and make use of his soldiers for that purpose.
Your Highness will see that a large number of soldiers stationed in this part of the Empire are subjected to the orders of the Governor of Arabia, and the latter must obey him, and execute his orders. Hence the distinguished general of the army will have absolutely no control over the soldiers whom We place under the command of the Governor, nor over any civilian; he must not interfere with any lawsuit which persons may have with one another, or where anyone is brought into court, nor shall he interest himself in cases, as a great distinction exists between civil and military jurisdiction. The Governor, as well as the general, sh