| THE 
        ENACTMENTS OF JUSTINIAN. THE NOVELS. | 
| ~ CXLIII ~ | 
| CONCERNING 
          A WOMAN WHO SUFFERS HERSELF TO BE CARRIED AWAY. | 
| 
 | 
| ( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). | 
|   The 
          Emperor Justinian, Augustus, to Areobindus, Most Glorious Praetorian 
          Prefect, Ex-Prefect of Constantinople and Ex-General of the Army.  | 
| PREFACE. | 
|  
            No 
          one doubts that the interpretation of the law belongs solely to the 
          sovereign, since he has the right to promulgate it. We remember to have 
          formerly enacted a constitution having reference to the rape of betrothed 
          and married women, unmarried females, and widows; and of having subjected 
          to capital punishment not only their ravishers, but also the accomplices 
          of the latter, and all other persons who were known to have assisted 
          them at the time when the act was committed. We have also, by the same 
          law, permitted the ascendants of the women in question, as well as their 
          other blood-relatives and their guardians and curators, to prosecute 
          a rape; and We have especially punished the violation of women already 
          married or betrothed, because, under these circumstances, both rape 
          and adultery have been perpetrated. One of the penalties which We prescribed 
          was the right to claim the property of the ravisher, as well as that 
          of his accomplices, for the benefit of the woman concerned; and the 
          payment to the husband, out of the estate of the ravisher, of an amount 
          equal to the dowry brought him by his wife. We have especially added 
          that no woman nor virgin should be permitted to marry her ravisher, 
          but if her parents should desire to marry her to anyone (her ravisher 
          excepted), We have already forbidden him to marry her at any time; and 
          in conclusion We have decreed that if her parents should consent to 
          a marriage of this kind, they shall be deported. We are, however, surprised 
          that certain authorities have attempted to hold that if the woman who 
          was violated, either with her consent or without it, should marry her 
          ravisher against the tenor of Our Constitution, she would be entitled 
          to his estate, either under the terms of the law, or by will, if one 
          had been made. Those who presume to entertain such opinions have not 
          been able to understand the meaning of the aforesaid law; for if We 
          have prohibited matrimony of this kind, even when the woman consented 
          to it, and, on this account, have subjected her parents to the penalty 
          of deportation where they had consented to the union, why should We 
          honor women who have suffered violation, and choose to marry their ravishers, 
          by giving them rewards? Therefore, rejecting this unfounded doubt, We 
          have deemed it proper to interpret the former law by the present one, 
          and, with this end in view, We decree that if the ravished woman, no 
          matter what her status or age may be, should desire to contract a marriage 
          with her ravisher, and especially without the consent of her parents, 
          she shall not be entitled to the estate of her ravisher, under any circumstances, 
          either through the indulgence of the law, or by testamentary provision; 
          but his property, as well as that of his accomplices, which Our law 
          places at the disposal of the ravished woman, shall, from the date of 
          the perpetration of the crime, be transferred to his father and mother, 
          whether both, or only one of them be living, provided they are not proved 
          to have given their express consent to the marriage; and the woman who 
          did not hesitate to defile herself by marrying her ravisher shall have 
          no claim to his estate, which shall, as aforesaid, go to her father 
          and mother; but where the parents of the woman are already dead, or 
          gave their consent to an act of this kind, the property of the ravisher, 
          as well as that of his accomplices, shall be confiscated. We order that 
          the present interpretation shall apply, not only to all future cases, 
          but also to those which have passed; just as if this Our law had, in 
          the beginning, with its construction, been communicated to you, Most 
          Glorious, Illustrious, and Beloved Prefect. (1) Therefore Your Highness will order what We have decreed by this Our law to be observed and carried into effect. | 
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