THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLV ~ |
NEITHER
THE DUKE NOR THE BIOCOLYTE OF LYDIA AND LYCAONIA SHALL HEREAFTER BE
PERMITTED TO INTERFERE IN THE AFFAIRS OF EITHER THE PROVINCES OF BOTH
PHRYGIAS AND PISIDIA. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Ariobindus, Most Glorious Praetorian Prefect. |
PREFACE. |
We, having provided
a suitable remedy for such abuses as are of frequent occurrence, now
direct Our attention to others which We intend to correct by the present
law. We have been informed that in Phrygia and Pisidia, many popular
tumults, as well as attacks of robbers, take place; and that the reason
for these disorders is that the civil administration has been abolished
there, and that We have placed over these two provinces, as well as
those of Lycaonia and Lydia, a military commander styled a duke, or
biocolyte. The inhabitants of the two Phrygias and Pisidia now ask Us
that the crimes which have, for a long time, been committed in their
country, shall be suppressed; stating that robberies are perpetrated
there with impunity; that their provinces are no longer sufficient to
support the officials; that those appointed by Us are not competent,
and their subordinates are constantly running over the provinces arresting
persons, and committing damage; that the country is so afflicted with
military disturbances that it is becoming uninhabitable; that the higher
civil judges, who are appointed by the commander-in-chief to dispense
justice to the people, instead of maintaining peace among them, make
use of the guards attached to their office to arrest innocent persons
and oppress them. |
CHAPTER I. |
We,
being moved with sympathy for these unfortunate people, do hereby enact
the following law, by which We decree that the jurisdiction of the said
provinces (We refer to Salutary Phrygia and Pacatian Phrygia, and Pisidia)
shall be withdrawn from the magistracy to which they were formerly subject,
together with the Lycaonians and Lydians; and, from this day, We forbid
the judges having jurisdiction of Lycaonia and Pisidia to interfere
with the government of the two Phrygias and Pisidia, or to send there
any of their officers or any other persons under their orders, for the
purpose of making arrests. And We also forbid the inhabitants of said
provinces, under the penalty of a fine of thirty pounds of gold, to
have recourse to the Biocolyte of Lycaonia and Pisidia, or bring either
civil or criminal actions in which they themselves are interested before
him, and We also forbid this magistrate to enter the two Phrygias and
Pisidia, to issue any orders to those who reside there, or to claim
jurisdiction over
the affairs of the said provinces; for We order him to be content with
Lycaonia and Pisidia, and to govern them alone, just as if, from the
beginning, We had restricted his jurisdiction to these two provinces,
and as if We had never given him any authority over the two Phrygias
or Pisidia. In this manner We shall deliver the said provinces from
all the evils with which they have been oppressed up to this time; civil
magistrates will dispose of both civil and criminal matters, and they
are hereby notified that if any theft, robbery, or unlawful removal
of property of any kind should occur there, and they do not punish it,
or do not recover what was stolen, they themselves shall be required
to make good the loss, not only while they remained in office but after
they have been removed. If anyone invested with the military command
of Lycaonia and Lydia should himself, hereafter, attempt to go into
the provinces of Pisidia and Phrygia, or to send any of his subordinates
there, We hereby authorize the bishops of the towns to forbid their
entrance, and to drive away the officers which the biocolyte despatched,
as the present law prohibits this magistrate and the officers subject
to his authority, from entering the said provinces under the penalty
of thirty pounds of gold, and it also renders them liable to lose their
places and their estates. |
EPILOGUE. |
Therefore
Your Glory, having been informed of the matters contained in this Imperial
Law, will, in consequence, issue decrees, and address edicts and orders
to the Governors of provinces and the bishops of cities, in order that
they may publish them therein, and communicate them to all Our subjects.
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Given
at Constantinople, on the sixth of the Ides of February, during
the fifteenth year of the reign of Our Lord the Emperor Justinian, and
the twelfth after the Consulate of Basil. |
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