THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXXXV ~ |
NO
ONE SHALL BE COMPELLED TO MAKE AN ASSIGNMENT OF HIS PROPERTY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
PREFACE. |
We
do everything in Our power in order that the provisions by means of
which We endeavor to propitiate Divine Omnipotence may be constantly
improved, and shine with a brighter light. One Zozarius, a native of
Mysia, has informed Us, amidst tears and earnest protestations, that
he was insolently ordered by the Illustrious Governor of that Province
to be sued for the discharge of certain pecuniary obligations, both
public and private; that he did not think that his own
property could be rendered liable for the payment of said indebtedness;
that he had been treated with great injustice, and that the act bore
the appearance of having been devised for the purpose of causing annoyance.
For as he said, in what country can anyone who has lost his property
through accident, and not on account of culpable negligence, be forced
to lead an ignominious life, and be compelled (as may readily be imagined)
to solicit his daily food and go without clothing? |
CHAPTER I. |
We,
having been informed of this ill-treatment, sincerely desire to provide
a remedy, for the reason that the best way for Us to conciliate God
is to allow nothing disastrous to happen during Our reign; hence We
forbid the most glorious or most magnificent magistrates to compel those
who are brought into court to surrender their possessions for the payment
of public or private pecuniary obligations, or to insult them, and allege
the pretext that it is customary to remit corporeal penalties, when
persons prefer to lose their property and suffer the privations of indigence
to being branded with opprobrium and ignominy until death. The debtor
must, however, make oath that he has no means of obtaining either property
or money with which to pay his debts. Where, however, the law, either
by hereditary right, or through some donation by his parents, transfers
to him any chattels of which he has not yet acquired possession, but
which may be considered as belonging to him, and his creditors can obtain
a portion, or even all of them (with the exception of what belongs to
his wife, as this is actually her own), they will be permitted to claim
them, to bring suit against him who at some future time will be the
owner of said property, whether he is present or absent, and (to speak
more plainly) they are authorized to bring all actions and formulate
all demands for property which a debtor would be entitled to do. |
EPILOGUE. |
Therefore
Your Magnificence, as you love and cherish virtue, will cause to be
carried into effect the regulations which We have so piously been pleased
to prescribe. You will inflict the penalty of ten pounds of gold upon
anyone who presumes to violate them, and even those who have only had
the intention of disobeying what is justly enjoined by this Imperial
Law will run the risk of losing their lives. |
Given at Constantinople, on the Kalends of June, after the Consulate of Belisarius. |
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