[Novellae constitutiones]

a Him: i.e., Augustus.
b The others: i.e., you.
c Mutual: i.e., in solidum of each one.
d Duty: i.e., office, Digest on duties and honors, law finis, section annonam.
e Discretam: i.e., separated; if it were not separated, all exactors would be met or held before the nominator, as below, on who is to be ordered, law non in principio.
f Exactorem: of the aforementioned names specifically omitted.
g Nominatores: who these are and how they are nominated will be said below on the accepted, exactors.
h Rationalis: i.e., the procurator fiscal agent of the treasury, as above on the modis multae, law 11.
i Etiam vos: even if you behaved separately, but if at the time of the deposited office colleagues were not paying, you should not be met from their person, as Digest on municipalities, law imprimis, below on the risk, law 1, etc. law 11. Here it is first the one acting, second the nominator, third the colleague; if the one acting is met, if it seems he ought to meet the first colleague, as Code above on magistrates, adversus socios, there all acted, if truly not as much is owed in those names which were specially mandated to Augurius and the son. Also if you say the division made by the judge or the nominator to what is held, otherwise end, or say it was made by themselves or by the nominator; if by the nominator you say he is met in those cases in which a tutor not acting is, thus in the division by the judge, he ought to have made it suspect, as Digest on the administration of things belonging to the city, law penultimate, which is si pen, and Digest on the administration of tutors, law sua, section penultimate, and add the distinction: for either all acted, since it was enjoined by themselves, or separately, the division made by themselves or by the judge, or only one acted. In the first case, all and even the sureties are met before the nominator, as below, on who is to be ordered, law 11, non in principio, book 11; the same in tutors, as Code on magistrates, adversus. If divided by the judge, then he obtains what he has, and below, on who is to be ordered, law non, section is, in cases in which a tutor also, as modo non. If they divided it themselves, then first the nominator who does not act, as Digest on municipalities, law imperator, and on the administration of things belonging to the city, law curatores, in the beginning, and another in tutors, as Code above on the division of tutors, law non, in the end. If only one acted with all being enjoined, then the same as in the superior case, as Digest on municipalities, law quod ger; and there is a reason why the nominator is met first in the aforementioned cases, because by reason of the faith, if the colleague is met in the name of negligence, as from law imprimis in the end, and make below on the subcen, law iure provisum, law 11, which [is] on the accepted, book 11, law 2, etc., above.

...as before from the goods of the exactors who were destined in the principal place for the exaction so that the fiscal indemnity is satisfied; after they have not paid, if the debt is not paid in full, the nominators are to be met. The rationalis, therefore, follows the order of the law, the means of the exactors being excused, and not also the nominators of the treasury in the entire quantity of the debt; if the security of indemnity is not obtained, it will also constrain you to restore the fiscal debts.

Those who are subject to the treasury of our clemency, omitting frustration, should be held so that what they owe from their own names, they are compelled to pay from their own faculties, with their allegations preserved, when they have completed the payments, which against whomever they thought they could seek from their own contracts from the law, so that

l Many [with] one sentence, law 1 in the beginning, and above on which, heads, section law, satisfied, not frustration; they were frustrating, saying they do not yet have the fiscal [money] from the buyer, as because if the administrator of the treasury had sold illicitly, for he is not freed even by ceding the action, as Digest on pledge actions, law penultimate. The same if for any other cause he pretends he ought not to be met, but he meets his debtor, or say that they were saying to the treasury that they should meet their own debtors, which is not permitted as here, and above, if certain payment, law non adversus, and above on when, etc., or law non, not before, but in these cases as there, Digest above, si fif, law 11, section multa.
m To be held and pay.
n Names: i.e., creditors, i.e., the treasury, and thus the term "names" is put for debtors, as Digest on certain payment, law periculum, and otherwise for creditors as here, or say, i.e., in the obligations in which he is held to the treasury.
o Laws: note, by right and not by force is the debtor to be met, as Digest on what is done, law sertat, which is above, on actions and obligations, law negantes, and on judgments, none, and on pledge, law si, and whence by force, these which in such, and Digest on the Julian law on force, law creditores, and if sold, not moved, law 1, section 1, and on right things, law non est singulis, in the beginning, and in the Authentica, so that those who, section 1, section arbitra, Digest on theft, law quae valent, in the beginning, but there.

against those whom they assert are subject to them, they should know that they must experience the law and judgments.

Among the cards of the confiscated [assets], a certain brief was found which contained the names of debtors or contracts, when, however, it could not be proven either by credible witnesses or by documents that those things inserted in the brief are shown; we have seen that it is unjust that everyone makes a debtor for himself under his own hand of annotation. We wish, therefore, that such calumny of occasion be restrained by this present order, so that the truth of the brief being rejected, no one is urged to the return of these things whose names are written; which we judge should be observed in other similar cases.

On the instruction and law of the fiscal spear and additions

p Authority of the judge, and note that from this law the treasury has the right of meeting.
q Among confiscated: i.e., patrimony from the cause of crime or any other whatsoever, or better, i.e., of a man, and someone is said to be confiscated when his goods are confiscated.
r Brief: i.e., a schedule or quire.
s Documents: i.e., public [documents], for example, and law, accounts.
t Debtor: as above on proof, law 1. Otherwise variety, because some.
u Truth: as above variety, as some were saying to be valid and others not, but conversely if he says paid, it is different as in the Authentica on witnesses, section quae lex or that lord of goods owed, otherwise if the cause is present as Digest above, proof, when from undue, section finis, otherwise it is always proven, as Code above, proof, law multa, in private [matters] to which above, law iustas.
v Similar: faith of instruction; otherwise in instruction and law of the spear, i.e., of sale which is made with subhastation [auction by spear] when sale is made by the treasury, which should not be easily removed, as above, on the remission of pledge, law si hypothecas, and what he subjoins concerning additions, say as below, law finis times.
w Rubric: Concerning... it says about the instruction made or omitted in a fiscal contract, as law 1, otherwise instruction is missing, and says about the faith and law of the spear, i.e., of the sale which is made when it is done by the treasury...