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. |
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( 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.
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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. |
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