THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
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COPY OF THE IMPERIAL PRAGMATIC SANCTION CONCERNING INTEREST.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Emperor Justinian to Papius.
PREFACE.
  The most learned Aristocrates, municipal magistrate of the Republic of Aphrodisia, together with the owners of immovable property in that country, have presented a petition to Us stating that the aforesaid city, etc. Thus, in the first place, We have ascertained that a majority of the people understand Our laws in a way which is by no means correct, and thereby obtain a pretext for unjust actions. We have been informed by the municipal magistrate aforesaid that large sums of money have been bequeathed to the Republic of Aphrodisia by different persons, to prevent the destruction of the city; and that the magistrates have invested it in such a way that the debtors pay a certain amount to the city every year (which may either be called the consideration of a contract, income, or interest), as is perfectly just and proper. But, after We had promulgated Our last Constitution, those who borrowed the money asserted that their creditor could not collect the principal, because they had already paid as interest more than double the amount of the indebtedness; the result of which is that the city has lost the legacy bequeathed to it; the heating of the public baths, whose expense was defrayed from this source, has ceased; and the public works have been abandoned to decay on account of this construction of Our law; and the State has been greatly injured in consequence.
CHAPTER I.
  Therefore, in order that such an abuse may no longer exist in Our government, We hereby decree that persons who receive a sum of money, on condition of paying annually a certain amount to the government, shall be compelled to pay whatever they have agreed to, without being able to avail themselves of Our Constitution enacted with reference to this matter; for We have only drawn it up to be applicable to the creditors mentioned therein, and for such cases as it includes. It is not relevant in the present instance, as the payment to which it refers rather resembles an annual income than a loan at interest; and, besides, We should have supervision over the revenues of cities, as well as over those of the Imperial Treasury. If, after the promulgation of the present pragmatic sanction, anyone should attempt to place a different construction upon the provisions contained in the preceding law, and defraud the city of the money which it lost, he shall pay for all time to said city an amount equal to that which he owes, and shall, in addition, pay double the amount of the principal, and, in this way, be justly rewarded for his malicious interpretation, and be punished; because, when it was easy for him to show that he was a good citizen, he was dishonorable enough to prefer to be guilty of injustice toward the place in which he was born.