[Novellae constitutiones]

prohibited, since that [other law] permits defense in fact, this one in law. And fiscus treasury: that is, the proctor of the treasury or the official or even the informer when they seek goods falling to the treasury on the occasion of an offense or succession, as below, on vacant goods, law: "if," and this is this law: "the law when." b Pendentis pending: that is, whether goods belong to the treasury or not, because it is doubtful whether he committed an offense or whether another treasury precedes. For first, the cause of the crime must be treated, as above, where the treasury is concerned, law 1, and whether another treasury precedes by succeeding, as below, on vacant goods, law: "penultimate." But what if it is clear concerning these? It refers, as if these were not concerning those goods. And this is first to be marked as here, and in the Digest, on res judicata, law 1, "divine," section: "if upon." Below, on vacant goods, law: "in the end." Today, however, in offenses it is changed in something, as in the Authentica, "to no judge," section: "in the end." Item, where there is no controversy and someone, either by publication or another reason, is to be added by right to fiscal substances, let it be fulfilled by the Count of Private Affairs and the Rationalis in each and every province, as below, on vacant goods, law: "when," and above, on fiscal prescription, law: "if anyone," mere. c describi to be described/listed: to that above, "that no one," law 2, and "lest it be," at the end of the law, Authentica. d Apud eum before him: law 1, in which he suffers controversy from the treasury. e Cognitio cognizance/inquiry: above, under whom, not under the president who is the judge of the thing, as below, on vacant goods, law: "in the end," on exceptions of res judicata, law 1. f Exitus outcome: that is, the end of the cause, to which, above, 1, and above, "to whom it concerns," law. g Et re7 and the thing: and when handled with torments or whipped, the parties are to abstain, as above, section: "fist," law: "if," and in the Authentica, above, "we restore," and that which stands, section: "we sanction." h Conditionales conditional [servants/notaries]: that is, the notary who are called servants as in the Digest, above, on adoption, law: "not otherwise," from serving, and conditional, however, because they make the conditions and contracts of men, as above, "who in pledge." i scripturas writings: or they were true servants and notaries, that is, writers, as above, on pledge, in the end, not tabellions, as below, on the general tabellion. i integru intact: otherwise it is "intact," otherwise "the same," or another "the same." And note that he who commits fraud against the treasury is punished in many ways, in the double, as here and in the Digest, on public and tax, "in the end," many, and in the Digest, of the same, "take away," section: "in the end." And he who makes fraud against the treasury twice is held in the double, namely, that he is held beyond the double, as in the Digest, of the same, "take away," section: "in the end." But if he is a seeker, then he is held in the quadruple, as in the Digest, of the same, "take away," section: "in the end," and below, on those things from public matters, law 1, and Law, "pr." In the case also in the quadruple in non-sought goods, as below, on the exaction of tributes, law: "it pleases." Item, proceed, above, on the prescription of goods, "if anyone within," in the end, and of the just, "crimes," law: "in the end," section: "that." Item, there are also others who are punished for this fraud, as below, section: "goods." k Cesaria Caesarean: that is, official, as above, of the same, law: "prohibited," which, law: "if," in the end. l Inciderat had fallen into: into this question, namely, that he says he subtracted something. m Usurpationem usurpation: namely, that he not be punished by the penalty of this constitution, but rather these are especially to be held because they are accustomed to...

We command that the just lawsuits of the treasury be silent.

The same. The power of assertion should be given to those to whom the treasury brings some restlessness, when the assets of the same are still pending in controversy, so that it be not lawful for them to be quieted and described. Where, therefore, a controversy exists, with the treasury claiming the patrimony of anyone, let the cognizance be ventilated before him with all assets being established, so that when the outcome of the matter has proven that the goods ought to be claimed, only then is it lawful to pursue the thing, and concerning the manner of assets and the interrogation of things, let it be investigated in the books whether the conditional servants have found that if anything was subtracted it be exacted, and from the outside, another just as much as a fine for how much had been taken away by fraud. But if the name of fiscal inquiry should fall into this manner, it will not have to accede to the usurpation of all this. Since the custom of frauds by which the aforementioned have been accustomed to act rashly will have deserved the exception of the same.

But in such a question, if the fiscal name has fallen into it, it will not have to accede to the usurpation of all this, since the custom of frauds by which the aforementioned have been accustomed to act rashly will have deserved the exception of the same.

n quibus fraudibus by which frauds. o The aforementioned, that is, the Caesareans, and otherwise the aforesaid. p Temere rashly: that is, to corrupt. q Exceptonem exception: that we may except them, that is, comprise them, under this law, as in the Digest, on the law of truth, law: "in the end," this law, section: "parents." Whence "exceptor" is known, as in the Digest, "locations," section: "to things," above, in the end. Or one can say from the second, that if the fiscal official has fallen into this question, namely, that he wishes to defend some goods which he has against the treasury, that the power to show is not given to him because of the custom; therefore, he is to be excepted from this demonstration, to which, above, on the hearing of bishops, law 3, section: "in the end," and in the Authentica, above, "ecclesiastical titles," section: "we forbid," as if all that he has are presumed of the treasury, as is said there in the plato plate/argument, but the first is safer. r Vim in contractibus force in contracts: this law is a singular law. s Sceleribus in wicked deeds: otherwise "wicked," and otherwise "in wicked deeds," that is, in which the crime is committed, and otherwise "wicked," and place an example, as below, on those who from public, law 1; otherwise in gold, as law 11, in the middle, of the same title. Item, place the law above, of the same, "in the end," unmoved; for there the pledge was questioned. t Interuersorum of those interfering/perverters: otherwise "perverters," otherwise "interferers," and say, that is, those who under the pretext of believing interfere, whether they are exactors or tabulary clerks or goldsmiths or other officials who contract concerning public money; they are held even if the fine was that much. u Quadrupli of the quadruple: in the question of receiving, giving, according to the law above; otherwise in theft, according to the private, as in the Digest, of the same, "take away," section: "in the end," and it makes, below, on the exaction of tributes, law: "it pleases," section: "against," law: "pr," and in the Digest, of the same, "take away," section: 1. So x V: Where in seeking. It is permitted to the Count of Private Affairs. v Super creandis on creating: the Count of Private Affairs. And say "susceptors" of gold or silver or of any species devolved to the treasury, as above, on susceptors, throughout, and especially in the law: "in the end," of the Count of Private Affairs, and y R: Of the master's thing. Those who were under the Count of Private Affairs used to choose susceptors in the presence of many public persons, as below, on susceptors, law: "the exactors," and at the risk of the one choosing, as here and below, on susceptors, law 2. z I: In parables, otherwise "inculpable," by custom; otherwise if culpable, as in the Authentica, "to no judge," section: 1, otherwise "impable," above, namely in the words to be amended, and otherwise "parables," and this is truer. And say "family," namely public, which was with the susceptors, or the family deserting the species of gold or silver which are rendered to the sacred largesses by custom, as below, on the ship, law 3.

Violence in wicked contracts and against the treasury, if the officials have involved themselves in the filthy frauds of the inner rooms, they shall be held by the payment of the quadruple.

Concerning the creating of susceptors at the risk of the proctor of the master's thing, we command that the disposition of your sublimity be firm, so that with all ambition ceasing, those things which have been established and those which by ancient custom have been confirmed, be commended in parables.