Book VII
Concerning compromises
De compromissorum
Valerian and Gallienus, 29 June 258:
If you have admitted that you yourself suspected the genuineness of documents as soon as they were produced, it is too much to ask the magistrate to permit you to claim as forged said documents if you have by them acquiesced in making a compromise.
Carinus and Numerian, 25 December 283:
If one’s adversary declines, contrary to an agreement, to appear before an arbitrator agreed upon to help negotiate a compromise, then they are liable to any penalty formerly agreed upon.
Diocletian and Maximian, Byzantium, 2 April 290:
Compromises made on account of intimidation shall not be valid. Not every kind of fear, however, suffices to rescind settlements made by consent, but the fear must be proven to be such as is based on danger to life or torture of the body.
Diocletian and Maximian, 3 October 293:
When it is stated in writing that the things which are agreed to be given or retained on account of a compromise are received by the person who was to receive them under the agreement, as though they were a purchaser, then, since fictitious transactions are regarded as void, payment of the fictitious price will be demanded in vain.
Diocletian and Maximian, 9 May 294:
It is clear that a person of sound mind, though ill in body, may rightfully enter into a compromise, and one should not, dishonestly, ask to have the agreement rescinded on the pretence of bodily ill-health.
Diocletian and Maximian, Nicomedia, 23 November 294:
It is dishonest for one to ask that a compromise carried out by the transfer of ownership or by performing a service, should be rescinded on the pretence of fear, when it is shown that it was, in fact, made even in the presence of friends.
Diocletian and Maximian, 21 December 294:
When promises, made by reason of a compromise, are not carried out, the penalty mentioned in the added stipulation, to be paid in case the agreement should be violated, may be demanded.
Diocletian and Maximian, 28 December 294:
Although a person who makes a compromise immediately repents thereof, the compromise cannot be rescinded and the lawsuit renewed; and whoever alleges that a compromise can be avoided within a certain time makes a false statement.
Arcadius and Honorius, Constantinople, 11 October 395:
If anyone over sixteen years of age should, contrary to a compromise entered into without compulsion, freely and voluntarily, think of repudiating it by failing to perform their promises, they shall not only be branded by infamy, but shall also be deprived of their right of action, pay any penalty which is proved to have been inserted in the compromise, and lose all right to the property in question, as well as all advantages obtained through the compromise. All these shall belong, as gain, to those who have preserved inviolate the provisions of the compromise.