THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XX ~ |
CONCERNING THE OFFICIALS CHARGED WITH PRESENTING APPEALS TO THE EMPEROR. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Most Glorious Praetorian Prefect, twice Consul and Patrician. |
PREFACE. |
We
have already enacted a law concerning appeals which prescribes the method
of presenting them, and designates those to whom they should be made.
This law was at the same time addressed to Your Highness, and the Most
Glorious Quaestor; but because doubt has arisen concerning the officials
charged with this duty, and as the employees of the Imperial Bureau
of Epistles have claimed this service for judges, and, on their side,
the officials belonging to your jurisdiction have stated that their
rights would be infringed if any innovation should be made, and they
be prevented from discharging the functions with which they were formerly
invested with reference to appeals taken from the illustrious Governors
of provinces, through your tribunal,
as well as to what took place when you alone had cognizance of such
appeals in your consistory; but as the distinguished title accorded
to these Governors caused appeals to be taken to the Imperial Consul
from the tribunal where you and the Most Glorious Quaestor preside;
and the employees of the Bureau of Imperial Records, who took part in
the presentation of appeals to the Quaestor, did not alone discharge
the duties of the two offices combined in the tribunal of Your Highness,
and still more often in that of the Most Glorious Quaestor; they themselves
brought up this same question which you recently verbally referred to
Us. Your application does not seem to Us unimportant, as, in the meantime,
Paphlagonia and Honoria, formerly divided between two Governors, have
been united under a single magistrate invested with the title of Praetor,
appeals from whom undoubtedly belong to your jurisdiction; just as one
Governor, with the rank of spectabilis, has been substituted for the
two magistrates who formerly presided over the provinces of The Hellespont
and Pole-moniac Pontus, where the same question again came up; for appeals
taken in these provinces should only be brought before your tribunal,
in accordance with what is provided at the end of the constitution which
treats of this subject. |
CHAPTER
I. THE OFFICIALS ATTACHED TO THE PRAETORIAN PREFECTURE SHOULD ALONE BE EMPLOYED IN APPEALS. |
As both your
offices and those of the Quaestor have approved of it, it seems to Us
proper to have the officials attached to the tribunal of Your Excellency
alone discharge the duties of attendants in the appeals previously referred
to; and these appeals shall (as was formerly the case) be heard and
decided in the Imperial Audience-Chamber and Our Most Glorious Quaestor
shall be present, and take part in the proceedings. |
CHAPTER II. |
As the Governor
of First Cappadocia, whose appeals were formerly brought before your
tribunal, has just been appointed proconsul, it is proper that appeals
from this magistrate should, in conformity with Our Constitution, be
heard in the Imperial Audience-Chamber, where Our Most Glorious Quaestor
shall preside and give his opinion, and where your officers alone shall
act as attendants, as was formerly the custom; for although the office
of Count of the Houses has been merged into that of Proconsul of Cappadocia,
and as formerly very few cases were brought before this distinguished
Count, and very few appeals, indeed, were taken to Us from his tribunal,
now that We have entrusted the administration of the Treasury to the
Proconsul, and have charged other persons with these duties, there is
no reason to limit your jurisdiction on this account, hence the officers
attached to your court shall alone be employed where appeals are taken
from the Proconsul of Cappadocia. |
CHAPTER III. |
This
rule shall also apply to the Proconsul of Armenia, for while this province
was formerly subject to an ordinary administration, We, without adding
anything to it, have changed it into a Proconsulate. And as the subordinates
of Your Highness formerly had charge of appeals, and as these are now
regularly brought before the Imperial Audience-Chamber (as We have previously
stated), and both of you should examine them; your executive officers
shall, nevertheless, be employed in these cases, as was done when the
Province of Armenia was subject to ordinary administration, no change
being made in the former method of procedure. |
CHAPTER IV. |
The
Provinces of Lycaonia, Pisidia, Isauria, which originally were under
the charge of Governors, and took their appeals to your tribunal, are
now subject to Praetorian magistracy. Although it is apparent in what
way this change of administration was effected, as at first there was
a general stationed in each one of these provinces, We have, nevertheless,
deemed it necessary, because of this innovation, to confer upon your
tribunal and that of the Most Glorious Quaestor the right to take cognizance
of appeals from the decisions of the Praetors of said provinces, but
your subordinates will have the privilege of acting as executive officers
in cases of this kind. We also direct that the same order shall be observed
in cases of appeal, whether they have been brought before, or after
the enactment of the present law. |
CHAPTER V. |
When
two administrations, namely, those of the Count of the East and the
Governor of First Syria, existed, appeals from the Governor of Syria
were brought before your tribunal, where your subordinates alone discharged
the duties of executive officers; on the other hand, appeals from the
decisions rendered by the Count of the East, invested with the character
of Imperial hearings, were brought at the same time before your tribunal
and that of the Most Glorious Quaestor, where the employees attached
to the Bureau of Imperial Records performed the functions of executive
officers. |
CHAPTER VI. |
It
has seemed to Us advisable, in these instances, to make the duties of
court attendants common to the employees of the Bureau of Imperial Letters
and the officials attached to your tribunal, but, so far as the two
Vicegerents of Pontus are concerned, each of whom We have established
in a separate province (that is to say one in Galatia, and of one in
Pacatian Phrygia) appeals shall be taken from them to Your Highness,
as well as to the Most Glorious Qusastor, and the attendants of your
tribunal shall alone act as court messengers. |
CHAPTER VII. |
What
We decree shall take effect, whether the case has been decided by the
magistrate from whom the appeal was taken, for the reason that it was
in his jurisdiction, or whether the magistrate rendered judgment by
virtue of an assignment by Us. In both instances, the officers attached
to the tribunal of Your Highness shall alone act as messengers. |
CHAPTER VIII. |
In
like manner, the officials attached to your tribunal shall also exercise
these functions, whether you, in person, take cognizance of the appeal
by virtue of an assignment by Us, or whether you do so because of the
rank of the magistrate from whose decision the appeal is taken, and
as being in your jurisdiction. |
CHAPTER IX. |
Again,
in cases in which We require the services of your officials and those
of the employees of the Bureau of Imperial Letters, We desire that these
services shall be rendered concurrently, whether the appeal of the case
comes before you through assignment, or, whether (as We have just stated)
you take cognizance of it because it naturally comes under your jurisdiction.
So far as cases which are not determined by the magistrates, but only
by the advocates, are concerned, the appeal shall be taken to your tribunal,
and to that of the Most Glorious Quaestor; and, under these circumstances,
the functions of court attendants shall be discharged by the faithful
employees of the Bureau of Memorials; as We do not make any change in
this respect, and preserve the ancient form of procedure, which We also
do with reference to everything else concerning which nothing new has
been enacted; and if subsequently a reason should arise for making alterations,
We shall designate the persons to discharge the duties of court attendants. |
EPILOGUE. |
Your
Highness will, by special edicts, make known to all persons the matters
which it has pleased Us to promulgate by means of this Imperial law,
so that no one may be ignorant of what We have decreed.
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Given on the fifteenth of the Kalends, after the Consulate of Belisarius, 535. |
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