Novels

or NOVELLAE CONSTITUtiones.

In civil law. The name given to the constitutions or laws of Justinian and his immediate successors, which were promulgated soon after the Code of Justinian. It appears to have been the intention of Justinian, after the completion of the second and revised edition of the Code, to supply what had not been foreseen in the preceding laws,, together with any necessary amendments or alterations, not by revising the Code, but by supplementary laws. Such laws he promulgated from time to time; but no official compilation of them is known to have been made until after his death, when his laws, one hundred and fifty-nine in number; with those of the reigns of Justin II. and Tiberias, nine in number, were collect-,ed, together with some local edicts, under this name. They belong to various times between 535 and 565 A. D. NOVERINT UNIVERSI PER PRAEsentes (Law Lat.) Know all men by these presents. Words with which deeds, obliga- § 445; West, Symb. pars 1, lib. 2, §§ 102, 518, 522-525. NOVI OPERIS NUNCIATIO (Lat.) In the civil law, A protest against or prohibition of a new work. Where a person began to build up or to pull down something (which was technically called novum opus, a new work), another person, who feared that his right would be impaired thereby, might extrajudicially hinder the completion of the work, by protesting before the workmen on the spot, or before some one present representing the owner, against the prosecution of the work, and forbidding the same. Dig. 39. 1; Id. 43, 24; Code, 8, 11. See "Opus Novum,"

NOVELL/E CO NSTITUTI 0 N ES. In Civil Law. The name given to the constitutions or laws of Justinian and his immediate successors, which were promulgated soon after the Code of Justinian. It appears to have been the intention of Justinian, after the completion of the second and revised edition of the Code, to supply what had not been foreseen in the preceding laws, together with any necessary amendments or alterations, not by revising the Code, but by supplementary laws. Such laws he promulgated from time to time; but no official compilation of them is known to have been made until after his death, when his laws, 159 in number, with those of the reigns of Justin IT. and Tiberias, nine in number, were collected, together with some local ('diets, under this name. They belong to various tunes between 535 and 565. Although the Novels of Jurtinian are the best known, and when the word Novels only is mentioned thos" of Justinian are always intended, he was not the first who used that name. Some of the acts of Theodosius, Valontiuian, Leo, Severus, Authennius, and others, were also called Novels. But the Novels of the emperors who preceded Justinian had not the force of law after the legislation of that emperor. Those Novels are not, however, entirely useless: because, the Code of Justinian having been compiled to a considerable extent from the Thcodosmn Code and the earlier Novels, the latter frequently remove doubt 3 which arise on the construction of the Code Tho original language of the Novels was for the most part Greek: but they are represented in tho Corpus Juris Civilis by a Latin translation of 131 of them. These form the fourth part of the Corpus Juris Civilis. They are dircited either to some officer, or an archbishop or bishop, or to some private individual of Constantinople; but they all had the forte and authority of law. The 118th Novel is tho foundation and groundwork of tho English Statute of Distribution of Intestates’ Effects, which has been copied in many states of the Union. See 1 P. Wins. 27; Prec. in Chanc. 593; Civil Law; Code.

The New Constitutions (Novella or Novellce Qonstitutiones) of Justinian and his successors, now a part of the Corpus Juris Civilis.

The title given in English to the New Constitutions (Novelle Constitutiones) of Justinian and his successors, now forming a part of the Corpus Juris Civilis. See NOVELLA.

The New Constitutions of Justinian and his successors.

Certain books of the Roman law in the nature of supplementary codifications or revisions. Novellae constitutiones. An official compilation of various constitutions or laws promulgated by Justinian and his immediate successors, soon after framed to supply what had not been foreseen in the preceding laws, together with any necessai-y amendments or alterations, not by revising the code, but by supplements. They belong to various times between 535 and 565 a.d. Novelise leonis. Ordinances of the emperor Leo, which were made from the year 887 till the year 893. They changed many rules of the Justinian law. See Bouvier; Wharton.

civ. law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to the laws which they had before published. The novels were made to supply what had not been foreseen in the preceding laws, or to amend or alter the laws in force. ’ Although the Novels of Justinian are the best known, and when the word Novels only is mentioned, those of Justinian are always intended, he was not the first who gave the name of Novels to his constitutions and laws. Some of the acts of 'Theodosius, Valentinien, Leo, Severus, Anthemius, and others, were also called Novels. But the Novels of the emperors who preceded Justinian had not the force of law, after the enactment of the law by order of that Code of Justinian having been !composed mainly from the Theodosian Code and the Novels, the latter frequently remove doubts which arise the construction of the Code. Novels of Justinian form the fourth part of the Corpus Juris Civilis. ‘They are directed either to some officer, or an archbishop or bishop, or to some private individual of Constantinople: but they all had the force and authority of law. The number of the Novels is uncertain. The 118th Novel is the foundation and groundwork of the English statute of distribution of intestates’ effects, which has been copied into many states of the Union. Vide 1 Wms. 27; Pr. in Chan. 593.