THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXIV ~ |
IMPERIAL ORDERS SHALL BEAR THE SIGNATURE OF THE MOST GLORIOUS QUAESTOR. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The Emperor Justinian to Theodotus, Imperial Praetorian Prefect. |
PREFACE. |
The solicitude
of Our Serenity provides remedies for Our subjects, and We do not cease
to inquire what needs correction in Our administration. Therefore We
voluntarily exert Ourselves to obtain repose for others, as We think
that it is a matter of universal advantage for Imperial orders to be
given with proper security, so that no one may be able to produce them
at will. |
CHAPTER I. |
Hence
We decree by the present law that no Imperial order directed to a judge
through the instrumentality of the Magnificent Quaestor, or any other
incumbent of any charge, employment, or office, shall be accepted by
the magistrate having jurisdiction of the case, when the said order
does not bear the annotation of the Magnificent Quaestor setting forth
for what person, to what judge, and by what official it is issued; and
all uncertainty having been removed, no one will be able to allege any
excuse. All judges and other magistrates are notified that if they should
accept an Imperial order (which does not bear the annotation of the
Most Magnificent Quaestor) having reference to any matter whatsoever,
they will be subjected to a fine of twenty pounds of gold, and the members
of their court will be liable to the same amount. If any order of this
kind should come into their hands We command them immediately to refer
it to the Magnificent Quaestor, or send it to him by the person who
delivered it, so that, Our illustrious and beloved relative Theodotus,
the punishment prescribed by the laws against forgers may be inflicted
upon them. |
EPILOGUE. |
Your
Highness will cause notice of the present law, which shall perpetually
be valid, to be given to all persons. |
A Short Epitome of the Same Novel. |
Every
Imperial order shall bear the signature of the Quaestor and shall show
for what purpose it was published, and what judge was appointed. This,
however, will not prevent every Imperial Rescript from being signed
by the Emperor, for this constitution does not repeal or abrogate what
is stated in the Code, but merely adds what is here prescribed, namely,
what relates to orders which need not be signed by the Emperor. |
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