THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXI ~ |
CONCERNING THE ARMENIANS. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Acacius, Proconsul of Armenia. |
PREFACE. |
Desiring
that the country of Armenia should be governed by good laws, and in
no respect differ from the rest of Our Empire, We have conferred upon
it a Roman administration; have delivered it from its
ancient customs; and familiarized it with those of the Romans, ordering
that it shall have no other laws than theirs. We think, however, that
it is necessary, by means of a special enactment, to abolish a barbarous
practice which the Armenians have preserved; for among them women are
excluded not only from succession to the estates of their ascendants,
but also from those of their own brothers and other blood-relatives;
they are married without a dowry; and are purchased by their future
husbands. These barbarous customs they have observed up to the present
time, and they are not the only ones who act in this cruel manner, for
there are other races that dishonor nature in the same way, and injure
the female sex just as if it were not created by God, and took part
in the propagation of the human race, and finally, as if it was utterly
vile, contemptible, and not entitled to any honor. |
CHAPTER I. |
Therefore
We decree by this Imperial enactment that the laws in force in Our Empire,
which have reference to the right of women to succeed to estates, shall
be observed in Armenia, and that no difference shall hereafter exist
between the sexes in this respect; that women, in accordance with the
rule laid down in Our laws, shall inherit from their parents, that is
to say, in the ascending line, from their fathers and mothers, grandfathers
and grandmothers, indefinitely; and in the descending line, from their
sons and daughters, no matter in what way either of these transmit their
property. Hence the
Armenians shall no longer be subject to laws different from those of
the Empire; and if they form part of Our subjects, and are under Our
government like many other peoples, and enjoy the benefits conferred
by Us, their women shall not be the only ones deprived of Our justice;
and they shall all enjoy the benefit of Our laws, whether the. latter
have come down to Us from former ages and have been inserted into Our
Institutes and Digest, or whether they are called upon to obey the Imperial
Constitutions promulgated by Ourself, or by Our predecessors. |
CHAPTER II. |
We
decree that these provisions shall prevail for all time, from the beginning
of the fourteenth indiction, the date when We have enacted the present
law. If anyone examines the ancient laws of this nation, he will find
in them great confusion, instead of the rules of a wise legislation;
and, for the future (as We have already stated) from the fourteenth
indiction, the rule of succession shall be uniform for all persons,
and shall equally apply to men and women. We, however, permit everything
to remain in the same condition as formerly, so far as other family
property is concerned; for women shall have no share in estates which
have already been distributed, or be entitled to successions belonging
exclusively to the thirteenth indiction; for Our legislation shall only
be applicable to them from the beginning of the fourteenth indiction,
as aforesaid. |
EPILOGUE. |
Therefore
Your Highness, Your successors, and Your subordinates, will be careful
to see that what it has pleased Us to promulgate by means of this Imperial
law, is perpetually observed. |
Given on the fifteenth of the Kalends of April, after the Consulate of Belisarius. |
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