But when the original debtor is the promisor, a second stipulation produces a novation only if it contains something new-if a condition, for instance, or a term, or a surety be added, or taken away-though, supposing the addition of a condition, we must be understood to mean that a novation is produced only if the condition is accomplished: if it fails, the prior obligation continues in force.
"The Institutes of Justinian"
Caesar Flavius Justinian
We therefore issued our constitution, enacting most clearly that no novation shall take place unless the contracting parties expressly state their intention to be the extinction of the prior obligation, and that in default of such statement, the first obligation shall subsist, and have the second also added to it: the result being two obligations resting each on its own independent ground, as is prescribed by the constitution, and as can be more fully ascertained by perusing the same.
"The Institutes of Justinian"
Caesar Flavius Justinian
The Generall Assembly desiring that the intended Reformation being recovered, may be established, Ordains, that no novation which may disturbe the peace of the Church, and make division, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.
"The-Acts-Of-The-General-Assemblies-of-the-Church-of-Scotland"
Church of Scotland. General Assembly