THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXV ~ |
LANDS,
HOUSES, OR VINEYARDS WHICH HAVE BEEN LEFT TO THE MOST HOLY CHURCH OF
MYSIA FOR THE REDEMPTION OF CAPTIVES OR THE MAINTENANCE OF THE POOR
MAY BE ALIENATED IN ACCORDANCE WITH THE DISTINCTION SET FORTH IN THIS
LAW. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
This
Novel, with the exception of the title, is entirely lacking in Scrimgerus.
It was first written in Latin. The Greek Epitome is in Haloander, the
Latin in Julianus. |
PREFACE. |
We
are aware that We have formerly promulgated a law upon this subject.
But this constitution is local, and has been enacted with reference
to the Church of Mysia. It orders that if anyone should give or bequeath
any immovable property to this church, the revenue from which is certain,
and should add that it shall be applied to the relief of the poor (and
Haloander adds also to the redemption of captives), the
said legacy, inheritance, or donation shall, under no circumstances,
be alienated. Where, however, the income from it is uncertain, and the
building or vineyard which has been left is quite a distance from the
city in which the church to which the said legacy or donation was made
is situated, it shall then be permissible to sell the property. If the
house or the land should be either within the city, or outside its walls,
and the testator desired it to be sold and the purchase-money used for
the redemption of captives, or the support of the poor, then the sale
can take place in accordance with his will. Such a disposition is perfectly
valid. If anyone, after having been sued, should not appear, he shall
be condemned as having a bad case, where he has first been summoned,
brought into court, and lawfully called, and does not obey the notice. |
Published
during the month of April, during the fourteenth year of the reign of
Justinian, and the Consulate of John. |
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