THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXI ~ |
ILLUSTRIOUS
PERSONS AND THOSE WHO ARE OF HIGH RANK MUST UNDER ALL CIRCUMSTANCES
BE REPRESENTED BY ATTORNEYS IN PECUNIARY CASES, AND IN THOSE RELATING
TO CRIMINAL INJURY. THOSE WHO ARE KNOWN AS CLARISSIMI SHALL BE PERMITTED
TO APPEAR IN PECUNIARY CASES EITHER IN THEIR OWN PROPER PERSON OR BY
ATTORNEYS. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Same Emperor Justinian to John, Most Glorious Praetorian Prefect of
the East, Twice Consul and Patrician. |
PREFACE. |
Certain
laws enacted with reference to the honor attaching to offices are excellent
in their way; still, as their application, instead of increasing the
distinction of officials, is injurious to them, We deem it proper to
correct this by means of a brief law. Some
constitutions forbid persons of the rank of clarissimi to personally
appear in court, and order them to do so by an attorney. This provision
was enacted in ancient times to maintain the honor of persons of eminence;
but We see that many individuals who have been invested with the rank
of clarissimi, for instance, counts, tribunes, and other dignitaries
of this kind, are men of very moderate means, and that their resources
are far from being sufficient to employ attorneys and meet the expenses
incurred by doing so. |
CHAPTER I. |
Therefore
We order that the following provisions shall be observed with reference
to the most magnificent persons of illustrious rank, namely: that they
shall, by all means, have pecuniary cases in which they are interested
as well as others relating to criminal injuries tried by their attorneys,
in accordance with the privilege previously conferred upon them. We
decree this in order that they may not be compelled to be seated with
the magistrates, when the latter decide their cases, or to stand before
them as litigants, which would be equally improper; for then either
litigants who are persons of rank will sustain injury, or judicial dignity
will not be maintained. But, with the exception of the most magnificent
illustres, We desire that all those who wish to do so can either
appoint attorneys, or conduct their own cases in person, without molestation
or rendering themselves liable to any loss or penalty. |
EPILOGUE. |
Your
Eminence will, in the customary manner, communicate to all persons the
matters which We have seen proper to enact by this Imperial law.
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Given
at Constantinople, on the day before the Nones of June, during
the twelfth year of the reign of Our Lord the Emperor Justinian, and
the Consulate of John. |
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