[Novellae constitutiones]

a Custody: Therefore, it is taken as in the Digest, law 'on the Julian law regarding peculation', section 'finally', which is in the case of a public debtor, and see also that law 'progenie', paragraph 'generale', otherwise it is different, as noted above in 'qui lo.', 'ce.', 'pof.', law 1.

b All: Not for the measure of the declared debt, and thus it is contrary in the Authentic, 'concerning the debita', section 'finally vero'. The solution is that it is special in the treasury, or rather it is corrected here; and it makes for the section below, 'concerning taking', and the Digest 'on pignora', law 1 and 2, Accursius.

c Receiver: For the exactor receives the compliance, that is, the duty of tributes, because he pays to himself from the property of the debtor’s things, which are seen and found among his goods, as below, 'concerning taking', and the Digest 'on pignora', law 1, Accursius.

d Debts: To the exactor.

e Army: It makes for the Authentic, 'concerning mandate', paragraph 'nor the Authentic' at the end.

military custody If anyone shall persist in hardened wickedness, let payment of the debt be sought original: "accedat solutionis obsequio" from his property, including all his substance a, from the aspect of the secret received with all property by his exactor; once this power is denied, we command all to be more ready to pay those things which are demanded for the use of our army for the common safety.

f Whenever: Taken, that is, captured or abducted by him who had withdrawn him from the guards.

g Be held: That is, be guarded, as above, law 'nemo', in section 2.

h Took away: That is, from the office of guarding.

i Believed: That is, had withdrawn. Thus the Digest 'on the action for things', law 'finally', section 3. It seems he does not commit a fault who exacts from a public debtor what he owes to the exacter, as the Digest 'on the Julian law regarding peculation', law 'peculatus'. The solution is that there it is not in fraud of the treasury but for his own convenience, although he renders the same amount to the treasury, as the Digest 'on the rights of the treasury', law 'de ferre', section 'finally'. Here, however, it is in fraud of the treasury. The section is there: he withdrew the money; here he withdrew the person so that the treasury might not find him, and it makes for above 'concerning after', law 3, and 'on aufer', law 'so that all', section 'this therefore'. Also note in this law, the treasury has less than a private person when a private person makes an oath to the suit, as the Digest 'that no one who is in court', law 'finally per alium'.

Whenever a public debtor is found and withdrawn f from one office, let him be held g for the payment of the entire debt. He who took him away h shall be coerced, and he who believed i in abducting and withdrawing him shall take upon himself the exaction of the total sum.

Ctores ceteriqz: Others, and the remaining officials, it is understood.

Actors and the rest The same.
Rectors of our private property, let them be compelled by the authority of the vigor of the debt to the payment of the solemn species, so that the provincials of our private property may not be fatigued by the immanity k

k Immanity: From 'innovation', or immanity, or immunity; for if these officials did not pay, the provincials would bear the entire burden at times, and thus would be fatigued to an immense degree. For it is borne more lightly which is borne by many, as in the argument in the Authentic, 'concerning instruction', 'causae', and 'differences', in the beginning, and makes for below, 'concerning what is owed to every field', law 'all', and below, 'concerning the prefect of the August', law 2, and in this law 1. And thus note: not towards the officials of the community, but that he pay the collection as others do.

Paritores whoever l shall have been assigned to their offices in the contribution of gold received.

l Paritores: Service, that is, that they may serve the receiver receiving help from the contributors and carrying it to the receiver, such as were the ducenarii, as above, law 1.

m Debt: That is, when the contributor owes, or for whom it is rightfully exacted, as below, 'concerning canonical', law 1 and 2.

n By official: That is, by the aforementioned apparitor.

o Office: That is, the receiver.

p Carried: That is, voluntarily given, but to be extracted by force, as above, 'same', law 2, to which the Digest 'concerning legacy', law 3, 'fideicommissum', section 'finally', 'thing'.

q Receiver: Properly, he who says therefore he makes the exaction through apparitors, so that the reason. Others say, receiver, that is, the apparitor, who therefore must write down what he receives so that he may render a reason. And according to this, the detriment is reasoned, which will be amended from his own when he does not know how to render a reason, as makes below, section 'susceptor frumenta', and below, 'concerning public accounts', law 1, and in the Authentic, 'concerning mandate', 'province', section 'coges', and 'concerning collection', section 'subtenus'.

the debt of titles m by his faith and annotation, let them write down o the sums of his payment n, and thus from the official instruction, the office shall know what has been exacted p and what appears to have been paid, lest the receiver q, having been led away r by the diversity of a long journey, should be absent from his court and sustain detriments to his family estate.

r Fiscals: The titles have certain expenditures of the princes, and some pay to one, others to the expense of others, or to the chest; and other chests were with the prefect and others with the Caesar's procurator, to which below, 'concerning canonical', 'titles', throughout; and he also calls those titles here.

Fiscal r debts, that is, for provisions and other titles which pertain to the treasury of the most eminent prefecture, and also in those debts which the rationale s usurps t, let the rectors of the provincials u be constrained to them; let the necessity x remain of exacting from whom the authority expects. The same.

s Rationale: That is, the Caesar's procurator; and thus note that this is placed in a good sense to usurp, as below, 'concerning agriculture', 'concerning', law 'quemadmodum' circa 'finally', note below, 'concerning the mode of fine', law 2.

t Usurps: That is, he retains by using.

u Constrained: To exact, as below, 'concerning canonical', law 1, note.

x Remain: That is, detain, as makes below, 'concerning the collection of funds', 'pay', 'same', law 'finally'.

They themselves y, the opinators, that is, the exactors of military provisions, with the delegates z, let them insist to their judges and their offices so that within the limit a of the year they may receive that which is owed. Let nothing be common c with the possessor, for whom not the soldier d, but the exactor e, if he is liable, ought to press. Therefore, let the judges who shall have suffered the provincials

y Themselves opinators: Have many names for an exactor, as noted above, 'same', law 1.

z With the delegates: That is, the judges, and thus the judges are 'datiuus', that is, given, and it becomes an ablative because the prefect delegates, that is, sends for his faith, as noted above, 'titles', 1, law 'note', and in the rubric of this title.

a Year: For the office of the exactor lasted one year, as in the Authentic, 'concerning codex', 'generally', 'nullum', and 'generally', 'concerning receiver', law 'neminem', and 'generally', 'concerning ex-equal', and 'exaction', law 3, and below that time the exaction must be done, as it has above, 'concerning year and three', law 'obhistestio', which must offer tribute for possessors in tributes brought from the common day, nor in exacting as is suggested, nor to be merged with the provincials, makes as below, 'concerning distribution of military provisions', law 'to the opinators'.

c Whom: That is, the possessor.

d Soldier: That is, the opinator, which is...

e Exactor: That is, the rector.

f In this militia: The province serves, to whose office it pertains to exact tributes, as above, law 'per', Accursius.