THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CLXI ~ |
CONCERNING
THE GOVERNORS OF PROVINCES. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
PREFACE. |
Laws
should not only be equitably enacted for the greatest good of the public,
but those which have already been promulgated should be carefully observed
and carried into effect, and the proper penalties inflicted upon persons
who violate them. For what advantage would be derived from the laws
if they merely consisted of words, and no benefit was conferred upon
Our subjects by their execution and effect? We
are well aware how diligently Imperial Majesty has manifested its solicitude
for taxpayers, when it repeatedly declared that the Governors of provinces
should obtain their offices gratuitously; for which reason, when they
use their power honestly, dispense justice, and promote the welfare
of Our subjects, through the security of the latter an abundance of
everything will be found in the Empire. These blessings, however, have,
to some extent, been forgotten, on account of the immoderate avarice
of the magistrates who have bought, rather than received, their offices. |
CHAPTER I. |
Therefore
We, renewing the aforesaid laws, do hereby decree that those only shall
administer the government who are known to have a good reputation, and
who devote themselves especially to the dispensation of justice. We
wish them to receive their offices without the bestowal of any gift
or donation; to prevent tributaries from suffering any loss; and punctually
to pay into the Public Treasury all the taxes which they collect. We
also decree that they shall not, either in person or by their assessors,
their chancellors, their servants, or any
other persons in their service, accept anything from Our subjects, unless
they desire (as stated in the laws) to pay fourfold the amount of what
they have received, but they must remain content with what they are
allowed by the law and the public. As soon as they have relinquished
their office, they shall remain in the provinces for fifty days, and
appear in public, in order to answer any one who may desire to bring
suit against them. Where, however, an action brought against a magistrate
is not terminated within the said fifty days, and it is a civil suit,
the magistrate may appoint an attorney to represent him; but where the
proceeding is a criminal one, the magistrate must remain until final
judgment has been rendered by the judges (whether these are regular
magistrates, or persons appointed by the prefects for this purpose),
and the said judges shall be fined ten pounds of gold, if, within twenty
days, they do not dispose of the case pending before them, which, however,
shall be determined in the way already provided. But when magistrates,
influenced by a guilty conscience, either secretly take to flight, or
seek refuge in religious houses, they shall be deprived of their property,
which shall, in accordance with law, be divided among those who have
suffered injustice from them. Each party shall appear in court, as is
prescribed by Our preceding law which, having been enacted for the benefit
of payers of tribute, shall remain in full force, and the other regulations
having reference to Governors, and have very properly been set forth
by Imperial Majesty, shall also be observed. While We punish violators
of the law, We also sentence to quadruple restitution those magistrates
who, contrary to Our prohibition, accept anything from defendants under
such circumstances. |
CHAPTER II. |
We wish to correct
these matters by means of this law, for the peace and opulence of Our
subjects are more precious to Us than the revenues yielded by the Empire.
For when We abolished the gifts made by Governors, We also abolished
the amounts which they expended, which were paid into the Imperial Treasury,
and amounted to a very large sum of money; the result of which will
be that the government will become more prosperous and wealthy, through
being freed from the contributions devised by certain persons in former
times. For Our sole desire is that the provinces shall be governed by
good laws; that they can be inhabited in security; that they may obtain
the benefit of the justice of Governors; and that they pay the public
tributes without complaint. It would be impossible for the government
to be maintained if these pious contributions were not paid into the
Public Treasury, since it is by means of them that the military forces,
whose duty it is to resist the enemy and guard the fields and cities,
are supported, and other orders of the State compensated; walls and
cities repaired; and, in short, everything provided which relates to
the common welfare of Our subjects. |
EPILOGUE. |
Therefore
Your Glory will publish throughout this city in the usual places, and
despatch to the provinces, the provisions which it has pleased Us to
enact by means of this Imperial Law, in order that all persons may be
aware of the solicitude which We display for the benefit of Our Empire
and the security of Our subjects. |
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