THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXX ~ |
THE
ORDINARY URBAN PREFECTURES AND THE TWO PRAETORIAN PREFECTURES AT PRESENT
IN EXISTENCE SHALL HAVE AUTHORITY TO GRANT RELEASES FROM CURIAL REQUIREMENTS,
BUT HONORARY PREFECTURES SHALL NOT POSSESS THIS POWER. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to John, Most Glorious Praetorian Prefect of the East,
Twice Consul and Patrician. |
PREFACE. |
Many
legislative provisions which were formerly enforced are at present neglected,
and not readily observed by the government, nor are they any longer
considered laws, or regarded as forming any part of legislation. We
are aware that there was formerly a species of prefecture which was
designated honorary, and was conferred by commissions granted by the
government, which was so called because it only bestowed honor upon
those to whom it was given, and did not release
them from curial obligations unless they actually discharged official
duties; and, so far as the most glorious generals of the army are concerned,
We know that none of them is released from the requirements of the curial
condition unless he performs the functions of his office (the laws state
that the command of soldiers is a prefecture, and that the simple commissions
granted to officers only confer rank, without releasing them from liability),
thus with regard to the prefectures, in order that anyone may be released
from his condition, it is necessary for him to be appointed to actively
exercise the duties of his office. |
CHAPTER I. |
Therefore
We renew the law relating to this subject, and decree that whenever
it seems proper for the government to honor a de-curion, and enable
him to be released from the obligations of his status, and it grants
him a commission of administration, it prepares him to occupy the Urban
Prefecture of either Ancient or Modern Rome, or one of the Praetorian
Tribunals of the East or West, as well as Lybia and Illyria, all of
which God has subjected to Our dominion; and that by this means he may
enjoy freedom, as those who are raised to such eminence have a right
to ride in chariots, hear the proclamations of public criers, occupy
the chairs of judges, and in this way be released from the requirements
of their order. When,
however, the government only wishes them to be invested with the dignity
of the office, commissions to this effect shall be issued and given
to them; and the Imperial generosity shall only cause the person who
is thus distinguished to be regarded as a member of the great curia,
but not released from the duties of the provincial one, nor have his
name erased from the tablet; but he shall continue in his former condition,
and only enjoy the honor of the position, and must render thanks to
God as well as to the government which has caused him to be promoted
to a post of greater tranquillity and distinction. This shall be considered
an act of Imperial munificence which does not affect the rights of the
public, deprive the decurion of his condition, or release him from the
duties to which he is accustomed ; and he who is worthy of it shall
receive this honor as an addition to that of his former status, and
will be entitled to greater eminence, but will only take precedence
of other decurions. |
EPILOGUE. |
Your
Highness will hasten to cause what We have been pleased to enact to
be observed, being aware that We do not diminish the privileges of decurions,
but, on the other hand, render the office more honorable; in order that
the cities may learn from your proclamations what the government has
decreed. |
Given
at Constantinople, on the Kalends of July, during the twelfth
year of the reign of Justinian, and the Consulate of John. |
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