| 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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