THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  LII  ~
PLEDGES SHALL NOT BE MADE FOR THE BENEFIT OF THIRD PERSONS. DONATIONS MADE BY PRINCES TO PRIVATE PERSONS DO NOT REQUIRE TO BE RECORDED, ANY MORE THAN DONATIONS BY PRIVATE PERSONS TO THE EMPERORS.



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

 
  The Emperor Justinian to John, Most Glorious Praetorian Prefect of the East, Twice Consul and Patrician.
PREFACE.
  Many laws formerly enacted, and especially those which have been promulgated by Us, have a horror of dishonorable pledges, and the odious seizures to which they have given rise; but We are not ignorant of the reasons for such abuses, and that, when prohibited by so many laws, they still take place in the Empire, with even more regularity than if the laws had made them necessary.
CHAPTER I.
   
CONCERNING PLEDGE.
  On this account We order that, under no circumstances, shall a pledge be taken in Our Government, or in the markets (for We have learned that this is most frequently done there), nor in the country, nor in cities, nor in villages, nor be required of citizens, villagers, or farmers anywhere, or at any time whatsoever; but We direct that anyone who presumes to take from another gold or other property to indemnify himself for what is owing to him by a third party shall be compelled to return quadruple the amount to him who has suffered the wrong, and he shall be deprived of the right of action which he has against his true debtor. For it is not reasonable that one person should be a debtor, and the claim be collected from another; or that anyone should be molested on account of a third party, in the same manner as if a trespass or some similar injury had been perpetrated upon the latter; or that a person belonging to the same village should be maltreated, sustain injury, suffer violence, be subjected to malicious prosecution without any lawful cause, or be liable to a corporeal penalty because of someone else. Governors of provinces are hereby notified that if they do not prevent such abuses, or permit seizures of such pledged property to be made in the provinces within their jurisdiction, nothing will prevent them from being punished by Us.
CHAPTER II.
   
DONATIONS MADE BY PRIVATE PERSONS TO THE EMPEROR
DO NOT
REQUIRE TO BE RECORDED.
  We have also deemed it proper to make the following addition to this law. As donations made by the government do not require to be recorded, but have sufficient force of themselves; so, also, those made by private persons to the Emperors (unless they are actually drawn up as public documents by notaries, bear the signatures of witnesses, and are executed with the other formalities required in the case of donations) do not need to be recorded, no matter what their value may be. For it is of no consequence that the government does not, so far as private individuals are concerned, enjoy the same advantages which it enables them to enjoy. This inequality results from the innovation which the Constitution of Zeno, of pious memory, introduced, which provided that Imperial donations do not require to be recorded. But, as this law appears to Us to be imperfect, and We wish to amend it, We decree that the rule shall apply to both parties, that is to say, neither donations made by the Emperors to private individuals, nor those made by private persons to the Emperors, need to be recorded; so that justice, which is derived from equality, may be observed in cases of this kind.
EPILOGUE.
  Your Excellency will see that what is contained in this Our Imperial Constitution is formally communicated to all persons by means of the proper proclamations.
  Given on the fifteenth of the Kalends of September, during the eleventh year of the reign of Our Lord the Emperor Justinian, and the second after the Consulate of Belisarius.