De constitutionibus libri
Ex libro I
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript, that the owner, or anyone else with his consent, has a right to build on vacant land which is not subject to a servitude, if he leaves the lawful space between where he builds and the neighboring house.
Papirius Justus, On Constitutions, Book I. The August Emperors Antoninus and Verus stated in a Rescript, that, “Where water is taken from a public river for the purpose of irrigating fields, it should be divided in proportion to the size of the same; unless someone can prove that, by virtue of a special privilege, he is entitled to more”. They also stated in a Rescript that, “A party should only be permitted to conduct water where this can be done without injury to another”.
Papirius Justus, Constitutions, Book I. The Emperors Antoninus and Verus made use of the following words in a Rescript addressed to Sextus Verus: “It is in the power of the contracting parties to fix the price and the measure of the wine with reference to which they are negotiating, for no one can be compelled to sell if he is not content with the price or the measure of the article; especially where there is no violation of the custom of the country.”
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript that those who deny that their property has been legally sold should bring an action, and that they will vainly apply to the Emperor to set aside the sale.
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript that where property has been sold by a curator under the Decree of the Senate, no action would lie against a fraudulent debtor for any act committed before that time.
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript: “It is anything but just for decurions to sell grain to their fellow citizens at a lower price than the supply of provisions requires.” 1They likewise asserted that the magistrates of any city had no right to fix the price of grain which was imported. They also stated the following in a Rescript: “Although it is not customary for women to give this kind of information, still, if you promise that you can furnish information which will be to the benefit of the Department of Subsistence, you can communicate it to the prefect of that branch of the public service.”
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript to Julius Verus that, as the case had been continued for a considerable time, the latter could not obtain its dismissal against the consent of his adversaries. 1They also stated in a Rescript that, unless it was clearly proved that the adversary had given his consent, dismissal should not be granted. 2They also stated in a Rescript that, where the dismissal of an accusation for a capital crime had been applied for, as in a case involving a sum of money, the prosecution might, nevertheless, be renewed; so that if the complainant could not prove what he alleged he should not go unpunished.
Papirius Justus, On the Constitutions, Book I. The Emperors Antoninus and Verus stated in a Rescript that appeals which have been made directly to the Emperor, without having been first presented to those magistrates of inferior rank, before whom this ought to be done, are returned to the Governors. 1They also stated in a Rescript that an appeal is not properly taken to the Emperor from a judge appointed by the Governor of the province, and therefore that it should be sent back to the latter. 2When anyone who has been appointed a magistrate appeals, his colleague, in the meantime, shall discharge the duties of both. If both should appeal, another magistrate shall temporarily be appointed in their stead, and he who did not appeal justly must pay the damage sustained by the government. Where, however, the appeal was well founded, and it was so decided, it shall be determined who shall pay the damages sustained. Another should, in the meantime, be appointed a curator, to take charge of the distribution of provisions while the appeal is pending. 3They also stated in a Rescript that although it is not customary, after an appeal has been taken, for the crops of land in litigation to be deposited, still, as they might be destroyed by the adverse party, it seemed to them to be just that they should be placed in the hands of a sequestrator.