ure day[498].'
[Footnote 498: 'Decernimus ut, si ita est, tot solidos tributario
supradictae possessionis ... ita faciatis de vasariis publicis
diligenter abradi ut hujus rei duplarum vestigium non debeat
inveniri.' Cf. what is said by Evagrius (iii. 39) of the proceedings
of Anastasius at the time of the abolition of the Chrysargyron.]
46. FORMULA LEGITIMATING MARRIAGE WITH A FIRST COUSIN.
[Sidenote: Formula qua consobrina legitima fiat uxor.]
'After the laws of the two tables, Moses adds the laws wherein God
forbids marriages between near kindred, to guard against incest and
provide for a wise admixture of divers strains of blood[499].
[Footnote 499: 'Ne dilationem providam in genus extraneum non
haberent.']
'These commands have been extended to remoter degrees of relationship
by the wise men of old, who have however reserved to the Prince the
power of granting dispensations from the rule in the cases (not likely
to be frequent) where first cousins (by the mother's side) seek to
intermarry.
'Acting on this wise principle we permit you to marry C D, if she is
of no nearer kinship to you than first cousin. By God's favour may you
have legitimate heirs from this marriage, which, our consent having
been obtained, is not blameable but praiseworthy.'
47. FORMULA ADDRESSED TO THE PRAETORIAN PRAEFECT DIRECTING THE SALE OF
THE PROPERTY OF A CURIALIS.
[Sidenote: Formula ad Praefectum, ut sub decreto Curialis praedia
vendat.]
'It is the hard lot of human nature often to be injured by the very
things which were intended as remedies. The prohibition against the
sale of the property of a Curialis was intended for his protection,
and to enable him fearlessly to discharge his share of the public
burdens. In some cases, however, where he has contracted large debts,
this prohibition simply prevents him from saving anything out of the
gulf of indebtedness. You have the power, after making due enquiry
into the circumstances, to authorise the sale of such a property. You
have the power; but as the proceeding is an unusual one, to guard you
against any odium to which it may expose you, we fortify your Eminence
by this our present command. Let the Curialis who petitions for this
relief satisfy you as to the cause of his losses, that it may be shown
that they are really the result of circumstances beyond his own
control, not due to his own bad character.
'Wisely has Antiquity laid upon _you_ the responsibility of
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