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.