THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CLIV ~ |
CONCERNING
THOSE WHO CONTRACT UNLAWFUL MARRIAGES IN OSDROENA. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Emperor Justinian to Florus, Count of Private Affairs. |
PREFACE. |
An uncertain
rumor has come to Our ears that the inhabitants of the provinces of
Mesopotamia and Osdroena have dared to contract illegal marriages, thereby
violating the Roman laws and incurring both ancient and recent penalties,
as well as affording a bad example to neighboring and adjacent peoples.
We do not believe such rumors, for We do not think that there are any
men in Our Empire who would be bold enough to do anything of this kind,
by which they would dishonor their progeny and confound their names. |
CHAPTER I. |
Therefore,
We desire to investigate this matter and, if such acts have been committed,
to inflict the extreme penalty upon those who are guilty. But, for the
reason that crimes of this description have been perpetrated for a long
time, We think it best to consider them as never having taken place,
and We grant the inhabitants of the provinces of Mesopotamia and Osdroena
remission of the penalties which they have incurred by their conduct,
and the reason why We favor them in this way is because they are constantly
exposed to the invasion of enemies, and the said unlawful marriages
are generally contracted by peasants. In allowing these marriages to
continue to exist, We do not allude to those which have been wickedly
contracted up to the time of the promulgation of Our New Constitution,
and We forbid the inhabitants of the said provinces to be molested either
in person or property on this account. But when, after the publication
of the law recently enacted by Us, anyone has presumed, or hereafter
may presume to commit an offence of this kind, We desire that he shall
be liable to the extreme
penalty, and he is notified that We shall not limit Ourselves to the
imposition of fines, but that We shall prosecute his wife and his children,
also, and compel him to undergo capital punishment and the confiscation
of his property, as the effect of Our righteous indignation. Nor shall
We spare anyone, whether of exalted or inferior rank, and no matter
what his status may be, even if (which is much more severe) he belongs
to the priesthood, for all shall be punished, and We must maintain the
Roman laws in their integrity. Those who are guilty shall not only be
deprived of their property as well as their lives, if We should ascertain
that they have contracted unlawful marriages, for no one who is guilty
shall escape with life, and the penalty shall immediately follow conviction.
Men ought to vie with one another in doing what is just and proper,
and We forbid them to act contrary to law and to attempt to excuse themselves
on the ground that others are given to the same vices. These rules shall
be observed in the provinces of Mesopotamia and Osdroana; the military
magistrates will see that they are executed, and that punishment is
inflicted upon those who violate them. We desire this constitution to
be published in the provinces hereinbefore mentioned, by virtue of an
order issued by you, and through proclamations made by their respective
magistrates, and the latter will be liable to capital punishment, as
well as to the loss of their offices and their property, if they fail
to cause what We have decreed to be carried into effect. |
EPILOGUE. |
Therefore,
Your Glory will take pains to have this Imperial Pragmatic Sanction
executed. |
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