THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXXXIX ~ |
CONCERNING
THE INDULGENCE GRANTED WHEN MARRIAGES ARE ILLEGALLY CONTRACTED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
In
the Name of Our Lord Jesus Christ, the Emperor Caesar, Flavius, Justinian,
Augustus, to Florus. |
PREFACE. |
Your
Glory has informed Us that the inhabitants of the town of Syndics, and
the Jews of the Island of Tyre, are violating Our Constitution by contracting
unlawful marriages, without giving up the fourth of their property,
in accordance with the laws enacted on this subject; and that many of
them, who have already passed the greater part of their lifetime, and
have children, are begging, in tears, not to be compelled to separate
from their wives, and that the latter, as well as their children already
born, and those who may hereafter come into the world, shall be their
lawful successors, without their having any reason to apprehend punishment
for their breach of the laws. |
CHAPTER I. |
Therefore, We
order by way of indulgence and remission of the penalties which they
have incurred that each of them shall pay ten pounds of gold (but this
favor is granted to them alone), and they shall have as their legal
successors their wives, their children both born and unborn, without,
however, what We now decree being considered a precedent for others,
as everyone else who may ask similar indulgence from Us is hereby notified
that he will not obtain it; he will lose his property; and, though no
corporeal punishment will be inflicted upon him, he shall be exiled
for life. But none of those persons to whom We grant this privilege,
their wives, or their children who are now living or who may hereafter
be born, shall have their property interfered with either by virtue
of a judicial decree, or for any other reason whatsoever. |
EPILOGUE. |
Therefore
Your Glory will see that the provisions which We have been pleased to
insert in this present law, which contains an act of Our special indulgence,
is carried into effect. |
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