THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXII ~ |
CONCERNING CONSULTATIONS. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
Concerning
the Order of Senators (as inscribed in certain books) or concerning
consultations (according to the new manuscripts of Contius) or as Antonius
Augustinus, in his work on the Florentine Code, states concerning Senators.
The Epitome of this novel has been partly taken from that of Haloander,
and partly from that of Julianus collected by Antonius Contius, for
in scrimgerus nothing exists but the title. This novel was published
in the Latin language, the opinion of Julianus and Haloander being that
it had no preface. |
This constitution orders that appeals for consultations shall not only
be argued before magistrates, but before all the Senators, to enable
the entire Senate to hear and determine the matter, even though each
Senator may keep silent, and not openly give his opinion; for consent
is held to be indicated by silence. Therefore Senators will hear cases
on appeal in the presence of the Holy Gospels, and the decision of that
body shall be referred to the Emperor, in order to be confirmed by Imperial
sanction. (1) The Senate shall meet in the hippodrome. (2) The Urban Prefect shall take precedence of all other officers, that is to say, he shall be seated before them. After the Prefect, the other Patricians shall take their places, and the Consuls, and those who are decorated with the Consular insignia, shall be seated in accordance with the Consular rank and prerogatives, in such a way that the ordinary Consuls will be placed before the honorary ones. Next after them shall be seated the Prefects, the Generals of the army, and Illustrious persons, all of whom shall have the right to give their opinions in the Senate. Those magistrates who, on account of the offices which they occupy, are honored with the rank of Senator, shall be seated with them; even after they have retired from office. Illustrious men shall be permitted to receive the commissions of patrician, although they may not have formerly been either Consuls or Prefects. The modification of the rule on this point shall not only be applicable to the future, but also to the past. (3) It is certain that Senators shall be required to give the third part of their fees upon their accession to office, and all other contributions which it has been customary to give in consideration of any promotion whatever shall remain without alteration. Those who violate the present constitution shall be punished with a fine of fifty pounds of gold, and this penalty shall not only be imposed upon the actual violators of it, but also upon those who permit this to be done. |
Given
at Constantinople, after the second Consulate of Belisarius, and following
the edition of Haloander, during the month of January, the second year
after the Consulate of Belisarius. |
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