THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
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NO
DECURION OR COHORTAL SHALL BE BROUGHT INTO COURT OR COMPELLED TO OBEY
A JUDICIAL DECISION WITHOUT AN ORDER OF THE EMPEROR COMMUNICATED TO
THE PREFECTS. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Emperor Justinian to Ariobindus, Praetorian Prefect. |
PREFACE. |
Your Glory has
stated to Us in a letter that it is customary to bring decurions or
the attendants of officials before different tribunals of this city,
or in the other provinces, when they are engaged in litigation, either
with the public or with private individuals, and you have added that
this is frequently sanctioned by Our Imperial orders, and have requested
it to be prohibited by a pragmatic sanction that any decurion or attendant
officer should be taken from one province to another, or brought into
this Royal City, to defend himself in court; or, where this is authorized
by an Imperial order, that it should first be presented to the tribunal
of Your Excellency, and then carried into effect by means of suitable
decrees. |
CHAPTER I. |
Therefore,
as We detest every production in court and appearance for judgment,
unless necessity requires recourse to be had to this proceeding,
We forbid all Our magistrates, with the exception of Your Highness,
to notify a cohortal or a decurion to appear and defend himself in this
city, unless an Imperial order expressly authorizing him to do so is
presented; and then Your Highness shall do what is proper under the
circumstances, and not permit a decurion or an executive officer to
be brought into court, except by virtue of a decree issued by yourself;
for in justice to the public this must be done, to prevent such officials,
when they are removed from the place where they have charge of public
money, from taking advantage of the opportunity to commit some injury
against the government. |
EPILOGUE. |
Your
Excellency will be careful to see that the provisions which it has pleased
Us to promulgate by the present pragmatic law are executed.
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