THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXIV ~ |
CONCERNING THE GARDENERS OF THE CITY OF CONSTANTINOPLE. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Same Emperor to Longinus, Most Glorious Prefect of This Fortunate Royal City. |
PREFACE. |
Many accusations
have for a long time been brought before Us from every quarter against
the gardeners of this Fortunate City, and its environs, and no one seems
to be free from their malice. What they are accused of is as follows. |
CHAPTER I. |
It
is said that the appraisers of values (or experts) belonging to the
Association of Gardeners are frequently guilty of grave irregularities.
For when the owner of a garden transfers it to a gardener in
consideration of the payment of rent, the value of nothing more than
the plants and vegetables existing therein is estimated, and this is
always done for the benefit of the gardener or lessee. At the expiration
of the lease, however, when the garden is returned, the said appraisers
make a very careful appraisement of what it contains, so that they increase
its actual value six times and often much more, for example, when it
contains plants and vegetables which are worth fifty aurei,
they estimate their value at three hundred, and sometimes above that
sum. They frequently do not confine themselves to this exaggeration
of value, but, alleging that the lessee has manured the land and that
it is greatly improved thereby, they raise its value as much as they
can, and they also increase it by the estimation of the value of plants
and trees — although when the lessee obtained the gardens from the owners
no such expense was taken into consideration — even if the gardener
stated generally in the lease that he would keep up the number of growing
trees, and plant new ones; and if the same appraiser should, a short
time afterwards, be employed in estimating the value of the same property,
he will be guilty of such dishonesty that if the unfortunate owner is
not careful, when his property is returned to him and he has leased
it to another gardener, the latter will subject him to a loss of a third
or a fourth of the appraisement, and he will thus be exposed to the
cupidity of the new gardener, and run the risk of losing the ownership
of his garden, and of being deprived of what belongs to him. He is also
subject to a still greater injustice, for if, after this, the owner
increases the second gardener's rent, the latter, at the termination
of his lease, will make the entire amount larger, just as if this was
the result of his own exertions, while, in fact, the land was not augmented
in value through his care, because in the beginning the appraisement
was made too low by reason of the imprudence and negligence of the proprietor.
This abuse appears to Us to be characterized by surpassing malice and
audacity, and We desire that it be repressed by Your Excellency, who
will observe this Our law, and see that gardeners return the gardens
in the same condition in which they received them. Whenever a garden
contains plants and vegetables, an estimate should be made of their
value, and one should also be made of the same when it is returned;
and the gardener shall only be entitled to the actual excess over and
above the first appraisement. But where there are no plants or vegetables,
and the gardener receives the land absolutely without any crop, whether
any manure has been placed upon it or not, it should be returned in
the same condition, and, both when it is leased and given up, the lessee
shall return it just as he received it, without the owner of the same
being subjected to any loss. The appraisement shall not be made by gardeners
alone, but by officials called summarii, who are experts in
matters of this kind, and who shall give their opinion upon the Holy
Gospels. For We do not wish owners to be deprived of their possessions
on account of the malice and greed of lessees. Therefore you will explain
these things to the gardeners when called together, and will not permit
any fraud to be committed against the owners, but see that the latter
are, under all circumstances, kept free from damage and loss. For We
wish the reciprocal relations of owners and gardeners to be the same,
for which reason We have established absolute equality in these matters,
in order that neither party may sustain any injury. |
CHAPTER II. |
When
anyone rents land which is thorny and neglected, and cultivates it,
he shall be rewarded for his labor, and receive the true value of the
vegetables which may be found there at his departure; and he must terminate
his lease without any controversy, and without any display of avarice
or deceit on his part. We
desire that, by means of this Imperial pragmatic sanction — the execution
of which is entrusted to Your Excellency — We may, in the future, remain
without annoyance from complaints of this description, and that such
cares may not distract Our attention from other things connected with
the government of the Empire. For there is no part of the administration
of either great or small importance which does not demand Our attention;
We perceive everything with Our mind and Our eyes, and We do not desire
anything to remain neglected, confused, or ambiguous. You will impose
a fine of five pounds of gold upon any person who may hereafter commit
an act of this kind, or allow it to be committed. |
Given at Constantinople, during the Consulate of John. |
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