[Novellae constitutiones]

Regarding that which was condemned to the treasury in a petition, and regarding that from which a thing taken had been sold by the treasury because of the case of a judged matter, with the solemnity less than it ought to be, the person petitions for recovery.

Gloss b Desire: in choosing for him your thing, if against whom you act, from which action say as noted above, on the law of the treasury, law hi minores these minors, on debt as in the same, quum.

Gloss c Procurator of the treasury: that is, who has the right to sell or act; and a procurator does not sell the Emperor's thing without the special mandate of the Emperor, as Digest on the office of the procurator, law 1.

Gloss d Faculty: because he has a mandate from the prince or also from the procurator of the treasury, as by analogy to Digest on mandate, law 2; the procurator, if he is to this, the public treasury, law not from these, indeed the made sale is valid if the price was paid, nor is the promise of double valid, as Digest on the law of the treasury, law 1, procurator.

Gloss e Habitatis inhabited/held, otherwise these having been held, that is, the aforementioned persons, otherwise having been held, hastis auctions/spears to that which is above, law pr. proemium/introduction, otherwise held, acted, or done, and then say not convened the debtor from whom the sale was celebrated before the judgment, as above on public sales, penultimate, law final, nor would you say the writing is necessary, as in the same, law 3.

Gloss f Order: the order in fiscal things being sold is such that the debt must underlie it, and there must be a cessation when the debt has been made, having been interrogated before the president, as above on public sales, penultimate, law 2, and in the same, that the auction subhastatio public sale under the spear be made, as above, law 1, final, and before the days publicly it is made for sale and to the one offering more it is given, as above on holy churches, or in the same, eius porrectum its extension.

Regarding the Imp. petition you offered to my procurator, to whose office your desire pertains, allege when you have proven that it was not with the authority of the procurator, or of him who had the faculty to sell, nor with the due hastae auctions, nor with the whole order having been observed, that the things were sold; and that which you owe because of the cause of the judgment you shall pay, the sale made in bad faith having been rescinded, you will receive the same things with the fruits which you have shown to have come or ought to have come to the purchaser in bad faith.

Gloss g A double reason aids the desire: both because you suggest that by the passed-over solemnity of the auctions your possessions were distracted from office, and because you say the adversary was convened for the vileness of the price because of a small debt, for a gross purchase in fraud of your mutilation and the calculation of my treasury, so that by arguing against these illicit things you may consult the indemnity of the treasury as well as work for your security.

A double reason aids your desire, and because you suggest that by the passed-over solemnity of the auctions your possessions were distracted from office, and because you say the adversary was convened for the vileness of the price because of a small debt, for a gross purchase in fraud of your mutilation and the calculation of my treasury

so that by arguing against these illicit things you may consult the indemnity of the treasury as well as work for your security.

Gloss h If the instruments of sale do not exist, yet by whatever proofs your wife will show that that house belongs to her, which you say was operated from the treasury in her name, and the price which was paid by her and the ownership transferred into her, my procurator will not allow the treasury to refer the question from the person of her mother.

If the instruments of sale do not exist, yet by whatever proofs your wife will show that that house belongs to her, which you say was operated from the treasury in her name, and the price which was paid by her and the ownership transferred into her, my procurator will not allow the treasury to refer the question from the person of her mother.

Gloss i Likewise, that which has been statuted in fiscal actions or auctions, since you also profess that you will make an increase, it pertains to our rationalis fiscal administrator so that he may admit it according to the offer of a richer price.

Likewise, that which has been statuted in fiscal actions or auctions, since you also profess that you will make an increase, it pertains to our rationalis fiscal administrator so that he may admit it according to the offer of a richer price.

Whichever Imp. ...ten years... by title... and other fiscal debts in whatever...

...it does not please, as noted there, or say that here he performs the role of the actor, and therefore he will prove it according to B, and it makes Digest on proof, law ab ea parte.

Gloss m Owe: because of which debt the sale had been made.

Gloss n In bad faith: because the order is not kept.

Gloss o You will receive: by which action he will act, respond as above on the law of the treasury, law si mi.

Gloss p To owe: it is held that regarding those to be received, although he has a notae note/title title, and thus it is as above on the sale of things, law hi fundum, law b, on those to be received, that they were still on the land which are from the land and here not mentioned as fruits, as Digest on the sale of things, law fructum pendente, or malios ... and they come unjustly as if from a brothel or they ought to have come as honestly as they came, otherwise if they had not come, or if the debtor had received it if it were permitted to possess, and according to this say that they ought to come, that is, if they came, or more truly this is special as also otherwise, as noted in the law predicta hi fundum, and it makes Digest on the sale of things, law fructus. Item... mi is missing, to come.

Gloss q Double: desire, he desires to recover his thing distracted from the treasury because of a debt.

Gloss r Of the auctions: which solemnity was not to be omitted, as quaestio 1, law final, as above, on the view of the treasury, law 1, etc. in the said, and on the bishop, judgment of the matter, law ordo.

Gloss s Vileness: which was not to be done, but at a just price, as Digest on the law of the treasury, law 1, in which, divided, as above on the rescission of sale, law si qual a diu, treasury law 1, in, and below on farms, law 1.

Gloss t Inutility: the utility of the thing itself.

Annotation of the lower margin
Item, that it be sold at a just price, as below, law 1, in, and above on the law of the treasury, law hi minori, and Digest on the law of the treasury, law 1, in, above, divided.

Item, the procurator of the treasury is there so that he sees by what pacts the sale is valid and not revoked, as below, in the same, law final, and the aforementioned, and above on the remission of pledges, law hi hypothecas, and above on the division of things alienated, law 2, if this were something missing it would not be valid as this and below, pr., and by analogy Digest on Enfac emphyteusis/long-term lease, law cum his, above hi pto, and below on farms, law 1, and 2, and above final, sale of pledges, law 1, and, and, and, and below rescission of sale final, etc., and this against, law 1, edict, Digest, below, how much time the treasury sells, respond as in private, as noted above on the law of the treasury, 1, in. Item, and that he proves the negative, the general rule, above on proof, of the actor, below, how he proves the solemnity is missing, rather on the contrary he ought to prove that it was present, as Digest on public things, law quicumque, above final, in this to both, he proves by the fact that it is not proven to the contrary, as by analogy below, quae mili, not able, law super servis, or here was the writing which said it had intervened, to which one had to stand if not proven to the contrary, as Code on proof, law cum pactis, and he will prove by analogy by oblique negative as also otherwise, above on contracts, and committance of faith, law optima, others say all are presumed to have been done solemnly, as Digest on suretyship, quae sunt, law quicumque, they say the same, and here it is proven by the fact that it is not proven to the contrary that...

...in, final, do not have, as say below, through ordo

...as above on inheritance, law 3, or perhaps it is one... arguing it... as Digest on the meaning of words.

To restore: i.e., to have judged, by acting against the treasury, which say as above on the law of the treasury, hi minori, and the treasury has this, law, common law.

Indemnity: by paying the treasury what you owe.

Security: indemnity, to confirm your part and it is common law.

If in writing: this letter is looked to, and it makes above on pacts, pact, and on Enfac, law cum te, and on the sale of things, law cum sup, and law iudicia.

Proofs: that is, suitable, or another beforehand.

In his name: or they themselves buying, provided the purchase and the possession were handed over, provided it is paid, as this and Code on proof, law cum res, and Code transferred; that in his own name is said suffices, whoever paid the price, provided it is paid, as this and Code on proof, law cum res, and si quis al, or above, law 1, and law multi, and law qui aliena pecunia.

Her mother: goods from the delinquent were obtained by the treasury. Securely then he buys who buys from the treasury, provided solemnly, as above, law 1, in, below, lest the treasury the thing which it sells, law 1, and, and, and above on common things, law n.

Time, auctions: otherwise auctions, otherwise actions, otherwise both, and say that when the auction subhastatio was made, it was said because of the proclamation...