We have recently promulgated a law with reference to the curatorship of minors (for in the investigation of cases brought before Us We have frequently become aware of frauds which have been committed against them), which law prohibits a debtor or creditor of minors to administer their curatorship, lest, having their property in his power, he may be guilty of some act to their disadvantage. This law is now confirmed by the present one.

  For the reason that mothers are desirous of having the curatorship of their children, and since they demand it in accordance with ancient law as well as in conformity with those which We Ourselves have enacted, and objection is made to this by certain persons under the pretext that a constitution of this kind is not just, We desire to state in this law that mothers are excepted under such circumstances. We were of the opinion, in the first place, that it was extremely absurd for this prohibition to be made on the ground of protecting the interests of minors, and it is not reasonable to make the same rule applicable to both the mother and to strangers, for natural love, more than anything else, relieves the former of suspicion so far as her children are concerned, while strangers have no reason to favor them, and it is not proper to deprive mothers of their right. For this reason they shall, after having hypothecated their property in accordance with the forms previously prescribed, be permitted to administer the estates of their children, and to have no fears of the former restriction; for everything will be just as if the law referred to had never been passed. Hence, whether dowries or ante-nuptial donations have been exacted, or whether the mothers have other claims to the property of the minors, or the latter have any against their mothers, either acquired through their father on their own account (for anyone by making proper investigation can readily ascertain this), these claims shall in no wise be prejudiced, and can be collected in conformity with prior constitutions, whether the mother administers the guardianship of either her legitimate or natural children.

  For the reason that We fear that all women may not be willing to swear by the Omnipotent God not to marry again, and in order to prevent them from perjuring themselves, We think that the law providing that when mothers administer the guardianship of their children they shall make oath that they will not contract a second marriage should be amended; for We are aware that this law is disobeyed, and that perjury is committed almost as often as the oath is taken, for this is a fact known to everyone. It is not, however, because certain persons keep their oaths, that those who perjure themselves may embrace the opportunity of being guilty of impiety towards God. Legislators do not confine themselves to instances which rarely occur (as is shown by ancient jurisprudence), but they take into account and provide for those which most frequently take place. Therefore, We order that a different rule from the one applicable to mothers up to this time shall be observed, for We desire them to renounce the Velleian Decree of the Senate, and every other advantage; to comply with the regulations which have been prescribed in the first place; and not to take the oath, as the renunciation of the Velleian Decree of the Senate and other privileges will be amply sufficient. We wish, nevertheless, that as soon as the woman has contracted a second marriage she shall be deprived of the guardianship, and be treated just as if she had sworn to not marry again, had lied openly in court, and had preferred her second marriage to her own oath.

  Hence this law is based upon maternal affection, and has been enacted by Us in order that the honor of God may not in any respect sustain injury; it shall be valid from the present time, and Your Highness will publish it in all the provinces. We have transmitted the said law to the Most Glorious Prefect of this Most Fortunate City, who is charged with these matters; and We desire that it be executed from this very day by him and by the Most Illustrious Praetor of the People, to whom the care of this city is entrusted. In order that minors may be fully assured of the preservation of their property, inventories of the same shall be drawn up in the presence of the illustrious clerk and other persons who are usually summoned for this purpose under such circumstances; bonds shall be executed, and everything done exactly as provided by Our laws, through the instrumentality of the Most Illustrious Praetor having jurisdiction in this city. He shall publish the present law in Constantinople, so that all may become familiar with it, and no one be ignorant of what We have enacted, for We have had it proclaimed throughout the provinces by the Most Glorious Praetorian Prefects.