Justinian I, Novels 129.1
https://caesarea-maritima.org/testimonia/164
Context
The emperor Justinian directed a comprehensive reform of Roman Law
that compiled and edited earlier jurisprudence. This new sole authority on legal
matters, the Body of Civil Law (Corpus iuris civilis),
contained three parts, the Code, the Digest, and the
Institutes. The Corpus was produced under the general
oversight of Tribonian, the quaestor of the Sacred Palace, at Constantinople and issued
in 529-534 C.E., after which various new legislation under Justinian that was never
formally codified was collected as “new constitutions” (Novellae
constitutiones). This passage records an edict of Justinian addressed to the
praetorian prefect Addaeus and delivered on June 15, 551 C.E. at Constantinople. In this
constitution, Justinian restores to the Samaritans the full rights of inheritance,
requested on their behalf by Sergius, bishop of Constantinople, in recognition of their
improved “quiescence” (quies) in the distant wake of Samaritan revolt
in 529 C.E. and the violent punishment that followed.
Text
Nunc itaque ad moderationem reductos videntes eos, et nostrorum ipsorum
indignum esse putantes in ipsis permanere contra eos qui non in proprioribus languent,
praestantes maxime omnium Sergii sanctissimi Caesariensium
episcopi iustis petitionibus quas pro eis facit, testimonium quietem perhibentis
meliores eos factos, quietem vero eorum in futuro tempore promittentis, ad praesentem
sacram nostram venimus legem, per quam sancimus licentiam esse Samaritis iam scribere
testamenta et suas proprias dispensare substantias, sicut et aliae praebent leges et per
praesentem nos decernimus, et sine testamentis morientes ab intestato vocatos secundum
imitationem aliorum hominum heredes habere eos, praeter ea quae <per> praesentem
nostram transponimus legem. Sed et donationes eis permittimus scribere et legata dare et
accipere et huiusmodi contractus facere cum omni licentia. Qui enim testari dedimus eis
et omnem dispensare substantiam, quomodo de particulari dispensatione negabimus?1
Textual Note
Ed. Schoell and Kroll [1895] 1993Translation
Now, however, observing that they have been brought back to a
temperate attitude, we think that it is unworthy of ourselves to remain opposed to
people whose malady is no longer as it was. Yielding most of all to the just requests
made on their behalf by Sergius, most holy bishop of Caesarea,
who testifies that they have improved, and guarantees their future quiescence, we have
come to our present sacred law. By means of it we decree that in the future the
Samaritans have license to draw up wills and dispose of their own property as other laws
provide and as we are determining by means of the present one; and that if they die
intestate, their successors among those called to inherit in intestacy are to follow the
pattern of other people, except insofar as we are adjusting it by means of the present
law. We are also permitting them to appoint gifts, to give and receive
legata, and to produce such contractual arrangements with full
license. For since we have granted them the right to make wills and to dispense of their
whole property, how could we be captious over details of the disposition?2
Translation Note
Trans. Miller and Sarris 2018Works Cited
- 1 Justinian I, Rudolf Schoell, and Wilhelm Kroll, Novellae, repr. Hildesheim: Olms 1993, Corpus Iuris Civilis 3 (Berlin: Weidmann, 1895), bk: 103, ch: 1.
- 2 Justinian I, The Novels of Justinian: A Complete Annotated English Translation, trans. David Miller and Peter Sarris, 2 vols. (Cambridge: Cambridge University Press, 2018), bk: 103, p: 860.
How to Cite This Entry
Joseph L. Rife, “Justinian I, Novels 129.1,” in Caesarea Maritima: A Collection of Testimonia, entry published April 28, 2023, https://caesarea-maritima.org/testimonia/164.
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Bibliography:
Joseph L. Rife, “Justinian I, Novels 129.1.” In Caesarea Maritima: A Collection of Testimonia, edited by Joseph L. Rife., edited by Joseph L. Rife. Caesarea City and Port Exploration Project, 2023. Entry published April 28, 2023. https://caesarea-maritima.org/testimonia/164.About this Entry
Entry Title: Justinian I, Novels 129.1
Authorial and Editorial Responsibility:
- Joseph L. Rife, general editor, Vanderbilt University
- Joseph L. Rife, editor, Caesarea Maritima: A Collection of Testimonia
- David A. Michelson, Daniel L. Schwartz, and William L. Potter, technical editor, “Justinian I, Novels 129.1”
- Joseph L. Rife, entry contributor, “Justinian I, Novels 129.1”
Additional Credit:
- Testimonium edited by Joseph L. Rife
- TEI record created by Joseph L. Rife
- Testimonium translated by Joseph L. Rife
- Testimonium transcribed by Joseph L. Rife
- Testimonium identified by Joseph L. Rife
- Editorial review by Joseph L. Rife