THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXI ~ |
THIS
CONSTITUTION REPEALS THE ONE WHICH GRANTED TO RELIGIOUS PLACES FREEDOM
FROM PRESCRIPTION, UNLESS A HUNDRED YEARS HAD ELAPSED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Emperor Justinian to Theodotus, Praetorian Prefect of the East.
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PREFACE. |
The laws bear
the same relation to business transactions as medicines do to diseases.
Hence it sometimes happens that the effect is not what was anticipated,
and that what was considered to be beneficial proves, through experience,
to be worthless. This fact is established by the necessity which compels
Us to enact the present law, in which We reconsider the privilege that
a pious intention recently induced Us to grant, by the terms of a Constitution,
to the Holy Churches of God, to monasteries, and other religious foundations.
We ordered that these places should have the right to bring suit during
the term of a hundred years, but the result of this has been that many
actions were brought, just as new scars form on old wounds already healed,
and the proceedings instituted failed of success on account of the insuperable
difficulty of obtaining evidence; for, after the lapse of a century,
one can no longer rely upon human testimony any more than force can
then be imparted to contracts, confidence be reposed in documents, or
life be restored to witnesses. |
CHAPTER I. |
And
as a great number of matters demand Our attention, We decide with equity,
and above all religiously, with reference to the aforesaid privilege;
and as experience has taught Us to limit this privilege as much as possible,
We hereby decree that in the case of suits against which formerly the
prescription of twenty years could be pleaded, this term shall now be
extended to forty in favor of venerable churches, monasteries, hospitals,
orphan asylums, foundling hospitals and infirmaries for the poor; but
the benefit of the prescription of thirty years
shall always be reserved for them against other persons and any actions
which may be brought against them. We grant (as already stated) this
extension of ten years solely to religious places, their rights, and
their contracts, so that, after the expiration of this term, the right
to institute personal as well as hypothecary actions shall be extinguished
forever. We do not in any way derogate from other exceptions; and the
prescription for thirty years, as well as others, shall remain in full
force. But, as previously stated, religious actions shall enjoy the
privilege of not being prescribed except by the lapse of forty years,
as aforesaid, in instances where Our Constitution granted them the right
of not being barred until after the lapse of a hundred years. Where
a judicial decision or a compromise has ended cases brought by Churches
and other Holy places before the enactment of the present constitution,
We do not desire that they shall be revived; but for the future this
provision shall be pleaded in actions concerning which silence has been
kept for eight lusters, or, where proceedings have been instituted but
have not yet been disposed of. |
EPILOGUE. |
Therefore
Your Illustrious and Magnificent Authority will communicate to all Our
subjects the regulations which Our Eternal Majesty has prescribed by
this general law. |
Given
at Constantinople, on the Kalends of July, during the fifteenth
year of the reign of Our Lord the Emperor Justinian, ever Augustus,
and the Consulate of Basil. |
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