THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  CII  ~
CONCERNING MARITIME LANDS WHERE THE SPACE IS NOT SUFFICIENT FOR THE PLACING OF SEPARATE NETS, ALL PERSONS, EVEN AGAINST THEIR WILL, MUST UNITE FOR THIS PURPOSE.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  A community of property, when established with reason and justice, is productive of great benefit to the lives of mortals. For where a strong man unites his strength with that of another who is equally powerful, their exertions, when united, become much greater, and advantageous to both of them. And when opulent men combine their wealth, it obtains for them a much larger amount of pleasure; and, finally, those who are oppressed by poverty, by laboring in unison, mitigate the wretchedness of their condition. But no matter how convenient and useful common property and association may be in the ordinary affairs of life, a wicked and extraordinary depravity often takes possession of the minds of men, and not only presents an impediment to utility, but also renders them hostile to the interests of others, and induces them to injure them in their business, rather than to obtain any profit by making a division with their neighbors. We have ascertained that something of this kind has happened with reference to certain persons who, being the owners of maritime lands, which, of themselves, are almost absolutely unproductive, but would yield enormous revenues if they were joined with those of others in the vicinity, through perversity refuse to unite them, although this is the sole means of obtaining any benefit therefrom, but prefer to suffer actual loss, provided they can injure their neighbors. But as they are not willing to acknowledge the wrong which they commit, and conduct their affairs badly by spitefully neglecting their only advantage, in the attempt to injure those residing near them, We do not permit this malicious spirit to be maintained in ordinary life, and no matter how unworthy of Our notice such persons may be, We shall not fail to go to their relief. Therefore, directing Our attention to them, We hereby decree that if the maritime lands referred to are not sufficiently extensive on the side of the sea to permit these persons to stretch their nets, they shall be compelled to place them along with those of their neighbors, in order to acquire the right of obtaining in this way some advantage from their property, and if any one of the said owners is not willing to use his nets in this manner, he shall be compelled to do so in spite of himself; for to oblige anyone to participate in a benefit is, We are convinced, an act of benevolence. And, indeed, there is a great deal of kindness in the law which enables a man to enjoy a privilege which he does not recognize, and which also causes him who was unjustly deprived of it to become aware of its benefit.