THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
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CONSTITUTION
ADDRESSED TO BONUS, QUAESTOR OF THE ARMY, PRESCRIBING BY WHOM APPEALS
TAKEN FROM FIVE PROVINCES, NAMELY CARIA, CYPRUS, THE CYCLADES ISLANDS,
MYSIA, AND SCYTHIA, SHALL BE HEARD AND DETERMINED. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Bonus, Most Glorious Quaestor of the Army. |
PREFACE. |
We
are aware that We have previously promulgated an Imperial Constitution
by which We entrusted to Your Glory the five provinces of
Caria, Cyprus, and the island surrounding them, Mysia, and Scythia,
for the purpose of being subjected to your administration. In this constitution
We add that appeals taken in these provinces instead of being brought,
as heretofore, before Our Most Glorious Prefects, shall be brought before
yourself. Many persons from Caria, Rhodes, and Cyprus have applied to
Us, making complaint, and stating that they are frequently obliged during
the winter to resort to Scythia and Mysia, where you reside, for the
purpose of prosecuting appeals, many of which involve very small sums
of money, and that they are compelled to cross wide seas, and regions
infested with barbarians; and for this reason We have determined to
address this law to Your Glory; so that any appeals taken from Scythia
and Mysia, as they are in your vicinity, may be heard by you, but any
from elsewhere, that is to say, from Caria, and the aforesaid islands,
and Cyprus — provided they were formerly brought before Our Most Glorious
Prefect and, by virtue of Our Imperial order were within the jurisdiction
of the Prefectural magistracy — and you should be in this royal city,
shall be brought before and decided by you and the Most Glorious Quaestor
of Our Imperial Palace, in the Imperial Audience-Chamber, as the law
regulating appeals directs. (1) If, however, you should continue to reside in Scythia and Mysia, appeals from the three other provinces shall be heard by the magistrate who takes your place in this Fortunate City, and shall be disposed of by him and Our Most Glorious Quaestor, in their regular order, as We do not desire litigants to be subjected to inconvenience for too long a time; however, as We have enacted this law on their account, their cases shall be determined by the two magistrates whom We have just mentioned, the proceedings shall be conducted with greater diligence, and the decisions shall acquire still greater authority. (2) But if you appoint a judge in the above-mentioned provinces, the magistrate who takes your place in this Fortunate City shall have cognizance of appeals taken from the decisions of the former, and shall determine them conjointly with the Most Glorious Prefect; for if a case taken up on appeal should be begun before you, while you are here (which is likely to occur), and afterwards you should change your residence on account of judicial expenses, this appeal shall be disposed of without delay by the magistrate who takes your place, in the same way as if you yourself had decided it. When, however, in the first place, the appeal is taken from any of the provinces, instead of being brought before the Most Glorious Prefects, or some other tribunal, We do not, in this instance, change the ancient practice in any respect. |
EPILOGUE. |
Your
Glory will hasten to render effective the matters which We have decided
upon, and promulgated by means of this Imperial law, which you will
cause to be observed forever hereafter. |
Given
at Constantinople, on the fifteenth of the Kalends of September,
during the eleventh year of Our Lord the Emperor Justinian, after the
Consulate of Belisarius. |
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