THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXXI ~ |
CONCERNING
EMANCIPATION. A CONSTITUTION WHICH RELEASES FROM PATERNAL CONTROL A
SON WHO IS INVESTED WITH OFFICE AND THE EPISCOPACY. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to the Holy Senate of this Royal City. |
PREFACE. |
We
constantly reflect upon what can contribute to the welfare and the adornment
of the government which God has confided to Us. Therefore We have recently
drawn up a law with reference to Our Most Glorious Patricians, which
declares them to be free from paternal control when office is bestowed
upon them; for We have no thought that it was becoming for those whom
We raise to the dignity of Our Senators to be subjected to the authority
of others. Moreover, if the act of emancipation was formerly accomplished
by means of what were called legal actions, children were released from
the ties of paternal control through abuse and blows, how much more
reason is there for the most honorable offices bestowed by the government,
the highest authority of all, to deliver them from such restrictions?
Having at present the most indulgent and favorable opinion of the Glorious
Consuls, whose names always follow that of the Emperor, as well as for
those who are only honored by consular commissions, and for magistrates
who can release citizens from curial requirements, for instance, the
prefect, and generals of the army (only having reference, however, to
such magistrates as are in active service), We hereby decree that every
similar charge or office obtained by any persons whomsoever, where such
charge or office releases persons from obligations, to the curia,
shall also liberate those who are under the control of their fathers
or grandfathers. For if We have provided that when a slave is worthy
of an office, and his master is aware of the fact, or he is invested
with any dignity whatsoever, he shall immediately be freed from the
power of the latter, and be restored to the condition of free birth,
would it not be unjust for a son who has rendered himself worthy of
a position of this kind not also to be released from paternal authority? |
CHAPTER I. |
Therefore,
in providing this most honorable law, We direct that when ordinary consuls
are under paternal control, they shall become independent from the very
moment in which their offices are conferred upon them; and that where
persons who, while under the control of their fathers, are honored by
the government by the bestowal of consular letters, these letters shall
also be the means of rendering them free. We
desire that the same rule shall apply to Our Most Glorious Praetorian
Prefects, whom We may appoint in all dioceses, as well as to those whom
We may promote to the Prefecture of the two Roman Capitals, or to any
other military magistracy whatsoever; for We consider it unworthy of
Our laws and of Our age for a magistrate who has jurisdiction over such
a large number of persons, and has so many officials under His command,
not to be included in the number of those who enjoy complete independence. (1) Generally speaking, however, as has already been stated, We decree that every office or magistracy which has authority to free anyone from curial obligations can also liberate those who are the recipients of public honors from the power of others, and make their fathers appear even more noble. Where persons honored with offices of this kind throughout the Empire are under the control of their fathers, and We do not release them from their authority, they should petition the Emperor for this purpose; and whether the said persons now enjoy the honors or dignities which We have previously enumerated, or whether this may take place hereafter, they shall acquire the right of independence; the father shall give a peculium to the son, and leave him to the exercise of his own judgment, and shall furnish him with means to creditably administer the public employment conferred upon him by the government, and justify the opinion he entertains of him. By doing this the father will deserve great praise, and the distinction obtained by his son will be a source of rejoicing to him. |
CHAPTER
II. PERSONS WHO ARE RELEASED FROM PATERNAL CONTROL BY REASON OF THEIR OFFICE SHALL RETAIN THEIR LEGAL RIGHTS UNIMPAIRED. |
We
provide by this law that the same results shall not be accomplished
which are effected by emancipation, but We confer a certain privilege
with reference to the exercise of such powers. For We do not wish him
who becomes his own master to lose any of his lawful rights, but that
he shall always belong to his own family, and be entitled to the legal
share of his father's estate which can be claimed by children, and also,
that the rights of nature shall be preserved. The children of fathers
who have been invested with office shall come under the control of the
latter after the death of their grandfather, just as if their fathers
had become their own masters by the death of their fathers,
and not in accordance with the present law. And it is only proper that
officials should, after the death of their own fathers, have their children
subjected to their authority, in order that they may not forfeit any
of the privileges conferred by the Government, and because it is just
that the benefits bestowed upon men by God, or the Emperor — who
comes immediately after him — should remain unaltered, and free from
every kind of artifice or restriction. |
CHAPTER
III. A SON SHALL BE RELEASED FROM PATERNAL CONTROL BY THE BISHOP. |
It
is clear that no one is ignorant that bishops become their own masters
by the mere fact of their consecration; for how can the spiritual fathers
of all persons be under the control of others? Hence it is expedient
that they should enjoy an honor of this kind, as well as the benefit
of this Our legislation. |
EPILOGUE. |
Therefore,
0 Venerable Fathers, We desire that the provisions which We have enacted
for the promotion of your reverence and dignity shall forever shine
in Our Republic, as an example of the generosity which We have manifested
towards Our Senators, Consuls, and Bishops.
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Given
at Constantinople, on the fifteenth of the Kalends of April,
during the reign of Our Lord the Emperor Justinian, and the Consulate
of Ario. |
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