The Civil Law - Justinian Codex AD 529

VOL. 12] THE CODE OF JUSTINIAN-BoOK I 103in both. Nothing, however, has been mentioned by Us in these bookswith reference to laws governing estates "'Without owners, in orderthat, where affairs are not prosperous, there may be no cause for theincrease of the calamities of the Roman people that, flourishing incivil war, have continued to exist in Our reign, an epoch which thefavor of Heaven has strengthened with the security of peace, andrendered Us victorious over all nations, and in order that no mournfulmonument may cast its shadow over a joyful age.(.7) Next comes the Sixth Part of the Digest, in which prretorianpossession of property which bas reference to freeborn persons, aswell as to freedmen, is embraced; so that the law which treats of degreesof relationship and affinity, legal inheritances, and intestatesuccessions, under the Tertullian and Orphitian DeGrees of the Senate,by which a mother and her children beco;me heirs to one another, hasbeen placed by Us in two books; We having reduced to a clear andconcise arrangement the multitude of decisions relating to the prretorianpossession of estates.Next, We have compiled in a single book all decisions by the ancientauthorities pertaining to notices of the construction of new works,wrongful damage, both concerning buildings which threaten to fall, aswell as provisions made for taking care of rain-water, besides whateverWe have found that the laws prescribed with reference to farmersof the revenue and donations, both those inter vivos and mortiscausa.Again, another book treats of manumissions and cases where freedomis involved, as well as many and various opinions relating to theacquisition of o"rnership, and the possession of property; and thetitles under which these are contained are inserted in a single volume.In another book, those who have had judgment rendered against them,as well as those who have confessed in court are discussed, and theseizure and sale of property to prevent defrauding creditors, istreated of.In the next place, interdicts of every description are combined,and after them come exceptions and prescriptions. Another book includesobligations and actions, so that the above-mentioned Sixth Partof the entire Digest is comprised of eight books.(8) The Seventh and last Part of the Digest consists of six bookswhich include everything relating to stipulations or verbal obligations,sureties and mandators, as well as novations, payments, releases, andprretorian stipulations; all of this being included in two volumes whichit was not possible to enumerate in the ancient books on account oftheir multitude.Next in order come two terrible books on private offences andextraordinary public crimes, which contain all the severity andatrocity which characterizes their penalties. Mingled with them arealso provisions with reference to audacious men, who, by contumacy,endeavor to conceal themselves to escape punishment; and also concerningpenalties inflicted upon condemned persons, or of concessionsgranted in their stead as well as the nature of the same. One book,