| THE
ENACTMENTS OF JUSTINIAN. |
( S. P. Scott, The Civil Law, XV, Cincinnati, 1932 ). |
|
| Title 1. Concerning dignities. If as you state, your grandfather was of consular dignity, and your father had held the office of Pnetor, and you did not marry men of private condition, but those of illustrious rank, you will retain tne eminent position of your family. Without date or designation
of Consulate. 2. The Emperor Alexander. The gates of dignities
do not lie open to men of bad reputation who are branded with infamy,
and whose wickedness, baseness of life, and evil repute exclude them
from the society of respectable people. 3. The Emperor Gordian. The highest dignity
does not abrogate the privileges of an inferior rank, previously obtained,
or those attaching to military service. 4. The Emperor Philip. We order that property
belonging to senators, which they possess in different cities and
provinces, and their retainers, shall be exempt from furnishing transportation,
and any other requirements imposed by judges, as well as from all
ignoble, extraordinary, and debasing services, and neither they nor
their children shall, under any circumstances, be compelled to perform
duties inconsistent with their rank. 5. The Emperors
Valerian and Gallienus. No urban Prefect shall,
without Our authority or knowledge, subject a senator to the performance
of any civil obligation whatsoever, and no one shall inflict such
an atrocious injury upon Our Senate. For it is reserved for Us to
issue any commands to persons of senatorial rank, as whatever is done
by Our order becomes a distinction. 6. The Emperors
Diocletian and Maximian. Let no one who belongs
to the lowest class of merchants, brokers, or persons engaged in vile
or abject pursuits and employments, or who occupy base or dishonorable
positions, attempt to enjoy any dignity. Anyone who has obtained such
a place shall be deprived of it, and shall be restored to his former
status. 7. The Same Emperors
and Caesars. When different judges
require public works to be erected in cities, the property of senators
shall not be liable to contribute to expenses of this kind. 8. The Emperor Julian
to Sallust, Praetorian Prefect. The rights of senators and the authority of their order (in which We Ourselves are also included) must be protected from all injury. Given at Constantinople,
on the ninth of February, during the Consulate of Mammertinus and
Nevitta. 9. The Same Emperor
and Caesars. We forbid the children
of freedmen to attain to the dignity of nobles. 10. The Emperors
Valens, Gratian, and Valentinian to Gracchus, Praetorian Prefect. We exempt men of illustrious rank from liability to torture. Given on the day before
the Nones of January, during the Consulate of Gratian, Consul
for the fourth time, and Merobaudus, 377. 11. The Emperor
Constantine. If a senator, or any
other man of illustrious rank, has children born to him before he
was raised to the above-mentioned dignity (which rule applies to sons
as well as to daughters), they will follow the condition of their
father. As children should not be excluded from the honors enjoyed
by their fathers, a child born to a senator or other person of illustrious
rank must be considered to be invested with that same rank and dignity. 12. The Emperors
Gratian, Valentinian, and Theodosius to Neotherius, Praetorian Prefect. Judges who have been convicted of having been polluted by dishonesty and other crimes shall be deprived of their commissions and dignities, and degraded to the lowest rank of plebeians, nor shall they afterwards enjoy those honors of which they have shown themselves to be unworthy. Given at Thessalonica,
on the eighteenth of the Kalends of February, during the Consulate
of Gratian, Consul for the fifth time, and Theodosius, 380. 13. The Emperors
Valentinian and Valens. We raise women to the rank of their husbands, render them noble by birth, determine the jurisdiction to which they shall be subject, and change the places of their domicile. Moreover, if they should subsequently marry men of inferior position, they shall be deprived of their former dignity, and shall follow the condition of their last husbands. Given at Constantinople,
on the fourth of the Kalends of February, during the Consulate
of Arcadius, Consul for the second time, and Rufinus, 392. 14. The Emperors
Gratian and Theodosius. We order that judges
shall not have power to impose any public service upon a senator under
any pretext whatsoever, no matter to what province he may belong. 15. The Same Emperors
to Eustathius, Prefect of the City. We grant authority
to all persons of noble or illustrious rank to reside in any place
whatsoever, and to journey and remain wherever they wish, without
obtaining a permit to do so. 16. The Same Emperors
and Arcadius to Apollonius, Praetorian Prefect. When any serious crime
has been perpetrated by a person of eminent rank, and he has been
liberated under bond, We order that the accusation shall be submitted
to Us. Any charges involving persons of inferior position must be
referred to Your Highness, in order that you may decide what course
should be pursued with reference to the offence which has been committed. 17. The Emperors
Honorius and Theodosius to Arcadius, Praetorian Prefect. Whenever any civil or criminal action is brought by a private individual against a person of illustrious rank, he shall not be annoyed by being compelled to give bond; but, by a special privilege, he shall be placed upon his honor, and only his oath shall be exacted as security. If, however, anyone should neglect to do this, and should fail to take the oath required as security, either in his own proper person, or by his attorney, the judge having jurisdiction shall order (in pecuniary actions) that the property in dispute shall be placed in possession of those who are entitled to it by the authority of the law and the nature of the case. In criminal matters, however, the accused party shall be deprived of the dignity of which he has rendered himself unworthy through perjury, and the judge is authorized to pronounce the sentence prescribed by the severity of the law upon the defendant as being deprived of his illustrious rank by his own crime, without referring the case to Us for consideration. (1) We think that the
following privilege should be added to those enjoyed by persons of
illustrious rank, that is to say, persons of this kind should not
be compelled to appear in court in either civil or criminal proceedings,
except in pursuance of a written order. 18. The Emperor
Justinian. We order that, with
the exception of the honor attaching to Imperial notices of recall,
all inferior and superior magistrates invested with authority, as
well as those who are designated illustrious shall, without first
obtaining Our permission, be allowed to visit this Imperial Capital,
whether they have formerly left it with the consent of the Emperor,
or whether, residing in the provinces, they come here only when their
business requires it. Title
2. Concerning Praetors, praetorian honors, and the abolition of the contributions known as glebe, leaf, and seven solidi. No one of illustrious
or noble rank who resides in a province shall, hereafter, be called
to the Prefecture, but everyone of such persons shall remain safely
and securely at home, in the enjoyment of his dignity. 2. The Same Emperors
to the Senate. We order that the impositions
known as "glebe," "leaf," and "seven solidi,"
of every description, whether they have reference to persons or
to property, shall be absolutely abolished, and that no contributions
of this kind shall, hereafter, be exacted. Title
3. Concerning Consuls, and the prohibition against their squandering
money, and concerning Prefects, military commanders, and Patricians. It was long since established,
with reference to men of consular rank, that, as they were invested
with the same honor and enjoyed the same privileges, those should
take precedence who are superior only in point of time of service.
For who of several persons possessing the same dignity should be considered
entitled to priority unless the one who first obtained the position?
He who subsequently became Consul, although he held the same office,
should certainly give place to a predecessor. This
rule shall also be observed where anyone has repeatedly held the office
of Consul; for, where the official insignia are frequently obtained,
while they prove the virtues and the merits of the incumbent, they
do not increase them, because nothing is added to the eminence of
the position. Where, however, a Consul who has held one office after
another acquires the dignity of patrician, he will be entitled to
precedence over one who first secured that dignity, although he may
have been more recently raised to patrician rank. 2. The Emperor Leo. We wish to restore
the Order of the Consulate to its ancient splendor, so that persons
who obtain that honor may do so through their merits, and not by cultivating
the favor of the people, and, laying aside the desire for gain, the
candidates may have in view only the venerable practice of their ancestors
and the auspicious ornaments of antiquity which are peculiar to the
office. Therefore, We desire that other Consuls shall have this example
before them, and We shall not suffer them to incur great expense to
no purpose. Hence, Consuls shall, hereafter, abstain from the vile
practice of scattering money among the populace, and what they lose
in this way and formerly squandered without any compensating advantage
should be employed for better purposes, and in measures contributory
to the public welfare. If, at the beginning of every consulate, a
hundred pounds of gold is paid by the Consuls for the maintenance
of the aqueduct of this great city, each of them will know that this
sum has been given for the benefit of his country, and that what has
been bestowed will remain a perpetual evidence of his generosity, 3. The Emperor Zeno. No one shall be permitted
to attain to the high rank of the patriciate (which takes precedence
of all others) unless he has first held the office of Consul, that
of the Praetorian Prefecture of the East, or of Illyria, or of the
City, or is known to have been a general of the army, or to have occupied
the position of Master of the Offices, as only persons of this kind
who are at present administering these public employments, or may
do so hereafter, shall be permitted to attain the dignity of patrician,
when We desire to confer it. And, as We think that, in all respects, We should
consult the interests of this Most Glorious City, which is the capital
of the entire world, We order that all those who shall, hereafter,
by the favor of the Emperor, be invested with the eminent dignity
of honorary Consul, shall pay a hundred pounds of gold for the purpose
of repairing the public aqueduct, just as those who, for a year, are
elevated to the consular office, for it is only proper that this Most
Flourishing City, by the munificent donation of a hundred pounds of
gold, should be reminded of the benefits resulting from the bestowal
of the honorary consulate. 4. The Same Emperor
to Sebastian, Praetorian Prefect. We decree that all
those who, up to this time, have been honorary Consuls, or who may
become so hereafter, can, with the permission of the Emperor, conduct
the business of the Consulate for a year, and that, having done so,
they shall not be considered as having obtained any new distinction,
or one which they have not yet acquired, but shall be considered to
have again enjoyed the benefit of the consulship to which their honorary
rank has already entitled them; and with reference to the adoration
of the Imperial dignity, or any other honors and privileges which
the Consuls could claim in former times, they are notified that the
rank of Consul will date from the time when they were first appointed.
It should also be observed that
where anyone of consular dignity afterwards becomes actual Consul,
he shall not again be obliged to contribute a hundred pounds of gold
for the maintenance of the aqueducts of this Glorious City, in accordance
with the tenor of this Imperial constitution, as these were paid when
he was raised to the position of honorary Consul. 5. The Emperor Justinian
to John, Praetorian Prefect. We order that all those
illustrious men whom We have raised to the high rank of patrician
shall immediately, upon receipt of the Imperial commission, become
the heads of households, and be released from paternal authority,
lest it may appear that those who are honored by Us as fathers shall
not be subject to the control of others. For, indeed, it would be
intolerable for a father to be able, by emancipation, to release his
son from the bonds of his authority, but that the Emperor should not
have the power to free from the control of another one whom he has
chosen to occupy the position of father to himself; for, if the contrary
opinion did not prevail, the majesty of the Emperor would appear to
be diminished by such an assumption. And while it is certain that
this very rarely happens, as the son of a family does not often attain
to the honor of patrician, although this is customary in the case
of Consuls, still, in order that such an occurrence may not at some
time take place, and no law be found applicable, We have decided that
this Constitution shall be promulgated by Us. Title
4. Concerning Praetorian and Urban Prefects and military commanders. We place the Prefect
of the City, the Praetorian Prefect, and the generals of cavalry and
infantry in the same class, so far as their rank is concerned, as
We desire that after they have retired to private life, those will
take precedence who first, in order of time, have obtained promotion
and the commissions which conferred their offices upon them. 2. The Emperor Leo. A general of cavalry
or infantry shall take precedence over anyone appointed Prefect, when
both have relinquished this office and become private citizens, provided
he was appointed before him; and, therefore, he who was first selected
and the distinction of whose magistracy is of more ancient date shall
take precedence in voting and speaking over a more recent appointee. Title
5. Concerning the Imperial chamberlains, and valets-de-chambre and
their privileges. The officials having
charge of the Imperial bedchamber shall enjoy the same rank as that
conferred upon the Praetorian or Urban Prefects or upon those exercising
the authority of generals of the army, so that, after they have relinquished
the duties of their employment, no distinction shall be made between
them, either in the solemnities accompanying the adoration of the
Emperor, or in the solemn festivities, assemblies, attendance at court,
or any other ceremony in which they may be called upon to take part.
In such cases, the order observed shall be regulated by the date of
their appointment, and they shall wear their usual costume, as it
has been clearly decreed that he shall take precedence whose appointment
was first in order of time, and that he shall rank second whose nomination
is shown to be more recent. 2. The Emperors
Theodosius and Valentinian to Proculus, Praetorian Prefect. We order by this law,
which shall be perpetually observed, that all officials of the Imperial
bedchamber, after having retired from office, shall, before they are
reappointed to the same places (with the exception of the Chamberlain
of the Camp and Count of the Household) enjoy the following privilege,
that is to say, they shall not hereafter be obliged by Your Highness
to furnish post-horses, vehicles, or lodgings, nor sha.ll they be
required to perform ignoble services, lest they may, during
the time of leisure and quiet, appear to lose the honors which they
have obtained by service; and We decree that their houses, both in
this Imperial City and in all towns whatsoever, shall be free from
the annoyance of furnishing lodgings to anyone, no matter what his
rank may be. If the Governors of provinces and their subordinate officers
either connive at the violation of this Our law, or contravene its
provisions in any way, they shall be fined ten pounds of gold. 3. The Emperor Martian
to John, Count and Master of the Offices. As it is certain that
the officials of My Imperial bedchamber, as well as those of the August
Empress, perform the same duties, and have access to the same secret
apartments of the palace, they should not be subject to different
jurisdictions, and We release them from obedience to the orders of
other tribunals, so that they can only defend themselves against actions
brought before Your Highness. 4. The Emperor Leo,
to Puseus, Praetorian Prefect. We decree that all
slaves who have been donated by anyone for attendance in the Imperial
bedchamber, or who may hereafter be given or appointed for such a
purpose, and who formerly were or hereafter may be attached to the
service of the Emperor (even though the appointment may not have been
made in writing) shall, after they have been associated with the other
chamberlains, become free and freeborn, and be considered such, and
We desire that this rule shall not only apply to those who are living,
but also to all who are dead. For as this privilege is considered
to be peculiar to the majesty of the Emperor, namely, that he should
not make use of the services of slaves, as men of private condition
do, but of those of freemen, it is extremely unjust that they alone
should suffer the inconveniences incident to inferior rank.
It shall be lawful for such
persons, just as in the case of others who enjoy the advantages of
free birth, to make wills disposing of their estates, but no one must
entertain any doubt that the property of such of them as die intestate
will escheat to the Treasury as that of decedents who have left no
lawful heirs. We desire
all these regulations to be diligently observed where persons have
voluntarily given an eunuch to be employed in the duties of the Imperial
bedchamber. If, however, the eunuch should have been placed there
by force, or should have ventured to undertake the service of the
Imperial bedchamber without the consent or knowledge of his master,
the latter is authorized to invoke the aid of the law, and recover
(together with his peculium} him whom he can prove is his slave,
and who, without his knowledge or consent, has entered the service
of the Imperial bedchamber. As,
however, it is not proper for persons who have been injured to be
denied the power of applying for relief, so We do not permit that
the way for bringing vexatious lawsuits shall remain open too long,
and therefore We fix the term of five years within which a master
can institute proceedings against such slaves; and if he should fail
to act within that time, he shall not be permitted either
to claim the slave and his peculium, or even the property of
his freedman as his own. All these rules which We have laid down with
reference to the male attendants of Our bedchamber are also applicable
to any females who have been or may be donated for this service, and
We decree that they shall govern them and continue to be in force
whether the said attendants are living or dead. 5. The Emperor Anastasius
to Eusebius, Master of the Offices. We order that the two
illustrious chamberlains of Ourself and Our Consort, the Empress,
after having finished their terms of service, and having been raised
to senatorial rank, shall have a right to wear the military belt whenever
they visit their estates, or travel for any purpose, as this is conceded
in compliance with their wishes, and will result in no one's injury. Title
6. Concerning Quaestors, Masters of the Offices, and Counts of the
Imperial Largesses and of Private Affairs. Those who have been
honored with the office of Quaestor or Master of the Offices, or have
been Counts of either of Our Treasuries, shall be received with the
usual acclamations and shall not be passed by as unknown. Title
7. Concerning the primicerius, the secundicerius,
and Notaries. We especially desire
that notaries shall always retain their title; and therefore, if any
members of this order retire in order to be at rest, or resign their
offices, or relinquish them on account of old age, or should subsequently
attain to any other dignity, they shall not lay aside the title obtained
from their former employment, but shall add to it that of their subsequent
dignity; and if any official, and especially if anyone attached to
the office of Your Highness, should rashly charge a former notary
with any duties pertaining to the collection of taxes, the assessment
of property, or anything else of this kind, he is hereby notified
that as soon as he is detected, even though he may only have been
guilty of negligence, he shall be heavily fined and excluded from
the corps of accountants. 2. The Emperor Justinian. We think that the eminent
and noble body of tribunes of the Notaries who render important services
to the public should be encouraged and
increased by the bestowal of distinctions and privileges; hence We
have deemed it proper to decide that those who have attained to the
rank of primicerius shall remain in the office for the term
of two years. Moreover, We order that those tribunes who, being occupied
in their own affairs, absent themselves from the Imperial palace for
a year, even though they may have obtained a permit to do so, shall
lose one grade on account of their absence for that time; and if they
should be absent for two years, they shall lose two grades; and if
for three years, they shall lose three; and if for four years, they
shall, in like manner, be subjected to the loss of four grades; and
be placed below those who formerly were inferior to them in rank.
Those who have failed to appear for a period of five continuous years
shall have their names stricken from the registers of tribunes, but
shall not be excluded from the Order, for men who are in this condition
can perform none of the duties relating to the census, the imposition
of taxes, the assessment of property, or any other matters of this
kind. We have considered
it especially necessary to establish these rules in order that no
one may, through political intrigue, official favor, or any other
means whatsoever, attain to a rank to which he is not entitled, and
take precedence of others without reference to service while transacting
his own business. When
any tribune, after long and arduous service, is forced to retire on
account of age, he shall, after having ceased to act as primicerius
and chief accountant, obtain the rank of Master of the Offices,
just as if he had discharged the duties of the latter, and shall wear
the insignia of the same, according to ancient custom, and he can
assume priority over all others even though they may have preceded
him in point of time. Title
8. Concerning the maintenance of the order of dignities. If anyone should usurp a place to which he is not entitled, he cannot defend himself on the plea of ignorance, but he shall undoubtedly be considered guilty of sacrilege, as having disregarded the Imperial mandates. Given at Milan, on
the twelfth of the Kalends of June, during the Consulate of
Richomer and Clearchus, 384. 2. The Emperors
Theodosius and Valentinian. All persons are notified
that the order of precedence shall be observed as follows: those who
are performing the functions of an illustrious employment shall have
the first rank; next come those who have formerly held such an office,
and at present have a right to wear the military belt, the badge of
illustrious dignity; and We assign the third place to those to whom
the insignia of illustrious rank have been sent; fourth, those who,
being present, have obtained honorary distinction through Our letters,
without the military belt; and fifth, those who, while absent, have
been invested with the insignia of illustrious dignity, without the
military belt. We decree that the administrators, or Counts of Private
Affairs, shall take precedence of those upon whom have been bestowed
the honorary titles of illustrious dignity. We
do not, however, think that all those who, at present, are engaged
in the public service should always be entitled to priority over such
as are merely invested with the honorary title, but only where the
parties are of the same rank, and one of them has the administration,
as well as the honors, and the other the honors alone. Hence, the
Prefect takes precedence of the Quaestor, and not the Quaestor of
the Prefect; and, in like manner, the active Quaestor takes precedence
of the Quaestor who is not in office; and the Count of the Treasury,
or the Count of Private Affairs, shall be preferred to an honorary
Quaestor or Master of the Offices. We
decree that those should be numbered among the incumbents of offices
who, being of illustrious rank, have, in Our Imperial Consistory,
been previously entrusted with matters of ordinary importance, or
whom We may hereafter charge with such duties; for example, where
the prosecution of hostilities is committed to some general not in
active service. For why, for instance, should not the distinguished
general, Germanus, whom We have ordered to conduct a war against the
enemy, be considered as discharging the duties of such an office?
Or why should not the eminent Propentadius who, being a soldier, We
have appointed, instead of the Praetorian Prefect, to superintend
the organization of the army, be said to administer the Prefecture? Title
9. Concerning the Chiefs of the Imperial Bureaus. The indulgence of Our
liberality should be bestowed upon the distinguished Chiefs of the
Imperial Bureaus who, in the capacity of secretaries are, as it were,
associated with the Emperor; and therefore We decree that, after they
have relinquished their office, they shall be exempt from all contributions,
whether these are imposed by civil or military authority, and that
they shall be absolutely free from the annoyance of being compelled
to submit to any contribution, public or private, that may be imposed
by Your Highness. We desire that this privilege shall also be transmitted
to their descendants, and by the latter to their next of kin. The
office of Your Highness shall be condemned to pay a fine of fifty
pounds of gold, if you permit this law to be violated in any respect
whatever. Title
10. Concerning the Counts of the Consistory. Generally speaking,
We decree that those upon whom the title of Count of Our Consistory
has been conferred shall be deemed equal in rank to the distinguished
Proconsuls. 2. The Emperor Justinian. The distinguished Counts
of Our Consistory, together with their wives, their children, and
their slaves, shall enjoy the same privileges in bringing actions
at law, and in defending the same, as the illustrious chiefs of the
guild of agents are entitled to, in accordance with the Imperial Pragmatic
Sanction of the Emperor Zeno, of Divine Memory. Title
11. Concerning the Counts and tribunes of associations. The chiefs and tribunes
of the various associations whose members serve at the Imperial banquets,
and from former times have enjoyed the privilege of adoring the Emperor
(among whom are included the Counts of the Imperial Stables, and those
having charge of the palace), where they have been invested with the
title of Count of the First Rank and have not attained to a higher
dignity, We order shall, after they have relinquished their office,
be classed with the Counts of Egypt or Pontus, whose relative position
is the same. We order that those who have not risen to a more exalted
degree of nobility shall, after they have retired from service, be
considered equal in dignity to the dukes of the provinces. Title
12. Concerning Military Counts. Those who, after having
led armies in provinces beyond seas, have, in consideration of their
merits, obtained the rank of Count of the First Rank, shall be entitled
to the same honors as those who have been invested with the insignia
of the proconsulship. 2. The Emperor Anastasius. We place in the same
class with dukes who have administered their office in the provinces
(with the exception of those of Egypt and Pontus) all who have been
appointed by Our authority Counts of the First Rank, and dispatched
with armies for the protection and defence of any of the provinces,
or have undertaken the duties of generals. Title
13. Concerning the Counts and Chief Physicians of the Imperial Palace. We decree that the
Chief Physicians of the palace who have obtained the dignity of Count
of the First Rank shall hold the same position as vicegerents, whether
they have already retired from office, or may hereafter do so, in
order that no difference of degree may exist between the vicegerents
and dukes who are still administering their offices, and those who
have obtained the title of Count of the First Rank, except that arising
from the length of time which he who is in office or has attained
the insignia of count may have served. Title
14. Concerning the Counts who govern the provinces. Those who have been
occupied in the civil or judicial administration of the government,
and have become entitled to the rank of Count of the First Rank, shall
enjoy the privileges attaching to the office of Imperial Vicegerent,
after they have relinquished their official employments. Title
15. Concerning the Professors who, by giving instruction in the City
of It has been decided
that grammarians, both Greek and Latin, Sophists, and jurists practicing
their profession in this Imperial City, who being regularly registered,
have distinguished themselves for good morals, and can show that they
possess the ability to teach eloquence, as well as skill in interpretation,
and talent in debate, and who have been considered worthy of becoming
members of the Senate, after they have passed twenty years in their
profession, and in imparting knowledge, shall be honored, and placed
in the same class with the Imperial Vicegerents. Title
16. Concerning silentarii and their decurions. The decurions of Our
palace, after having faithfully performed their duties and relinquished
their office, shall have the choice of either receiving
from the Emperor the title of Master of the Offices or that of illustrious
Count of the Domestics, that is to say, the rank of those in active
service, so that they may enjoy the privilege not only of adoring
the Emperor, but also of saluting public officials, as well as all
the other advantages attaching to the above-mentioned dignities, in
addition have the honor of being present at the meetings of Our Imperial
Consistory. 2. The Same Emperors
to Venantius, Praetorian Prefect. Every decurion, or
silentarius, shall be exempt from the service of furnishing
horses and other extraordinary impositions; nor shall he pay any tax
which is usually imposed under such circumstances, and no authority
or necessity shall subject him to anything of this kind. 3. The Emperor Valentinian. Decurions and silentarii
are notified by this law that all the privileges formerly granted
them by other Divine Emperors are hereby confirmed, even where they
have been promoted to a superior position, and their rights shall
not be prejudiced by the issue of any pragmatic sanction, nor shall
the authority of the Prefecture subject them to the necessity of furnishing
post-horses or lodgings; and We hereby release them from all ignoble
services, from the burning of lime, and from the charge of the superindiction.
We decree that their houses,
not only in this Imperial City, but also everywhere else, shall be
exempt from providing lodgings, no matter by whom this may be authorized,
and a fine of ten pounds of gold shall be imposed upon the judges
of the provinces and their offices if they violate this Our law.
We add to the above-mentioned
privileges, that the said decurions and silentarii, after they
have retired from office and have been included among the illustrious
senators, shall have a right to the honors of the curia without
performing any duties, and can rejoice in the full possession of their
dignities and immunities. Under this regulation, however, only thirty
silentarii shall be entitled to this honorable distinction,
and We decree that three decurions, and no more, shall enjoy the above-mentioned
privileges, after they have discharged their official duties uninterruptedly
for thirty consecutive years. 4. The Same Emperor. In order that the silentarii
may not be removed from their places near Our person to appear
in court, We order that those who desire to bring either civil or
criminal actions against any member of the guild of silentarii,
or his wife, cannot proceed in any other tribunal than that of
the distinguished Master of the Offices. 5. The Emperor Justinian. We order that the illustrious
silentarii in service, when they are under the control of their
parents, shall possess as castrense peculium whatever
they may have obtained, or may hereafter acquire by way of emoluments,
donations, inheritance, or from any other source, while in office;
nor can their parents, if they survive them, claim such property for
themselves, or take it from them; nor, after their death, can their
own brothers, or any other of their heirs, divide the same as belonging
to the estates of the said deceased persons, as they cannot be deprived
of the fruit and profits of their labors. For the same reason, We
do not permit the silentarii to be compelled to account for,
or place in the mass of the estate of their deceased parents, any
property which they may have received from their relatives, or from
any other source, or which they may hereafter obtain, at the time
that they were admitted into the corps of the silentarii, and
they shall not be assessed or compelled to pay any money by way of
contribution under such circumstances. We
order that they shall be exempt from the administration of guardianship
and curatorship, as they should not be obliged to transact the business
of others; for the reason that, on account of the services required
of them by Us, they cannot devote proper care or attention to their
own affairs. Moreover,
their children, who have already reached or may hereafter attain to
the rank of distinguished counts or tribunes, shall, by no means,
be compelled to undertake or conduct the administration of the Prefecture
without their consent, and all privileges heretofore conferred upon
those now in office shall also be enjoyed by persons hereafter admitted
to the same body, and this rule shall apply not only while they are
in active service, but also after their retirement. Title
17. Concerning domestics and protectors. Domestics and protectors
belonging to the royal palace shall have a right to embrace the Imperial
Vicegerents when they salute them, for it would practically be an
act of sacrilege if this honor were not allowed those who are considered
worthy of touching the Imperial purple. 2. The Same Emperors
and Gratian. The primicerius
of both the corps of domestics and protectors, after obtaining
the office of tribune, shall have the rank to which dukes are entitled;
and others of the same body, to the number of ten, shall enjoy the
consular dignity. 3. The Same Emperors
to Sposaterus, Count of the Foot Domestics. Any domestic who is
absent, but not on public business nor under a permit granted for
that purpose, and fails for the space of two years to discharge the
duties which he owes to the Emperor, shall be reduced five grades, and if he is proved to have
been away for three consecutive years, he shall be reduced ten. If
he should be absent for four years, he shall be assigned to the lowest
place; and where he has been a wanderer for the term of five years,
he shall be deprived of the insignia of his office; for those who
discontinue the performance of their functions for so long a time,
when they should perform them assiduously, are unworthy of membership
in the order. 4. The Emperor Anastasius. We have determined
that it should be decreed and established by this pragmatic sanction,
which shall be perpetually observed, that where anyone has obtained
the place of secundicerius in the corps of mounted domestics,
and dies while administering the office, his heirs shall have the
right to his salary and perquisites, not only for the remainder of
that year, but also for the following year, that is to say, during
which he would have performed the duties of primicerius, so
that his heirs will be entitled to all his emoluments, just as if
he had survived until the expiration of his term of office. Title
18. Concerning the Superintendents of Public Works. Those who have been
appointed by Us Superintendents of Public Works shall rank as nobles
entitled to the same position as persons of consular dignity, for
members of Our retinue are worthy of distinction. Title
19. Concerning persons attached to the office of Imperial Secretary,
and others who are employed in the same. We place the Imperial
secretaries employed in drawing up memorials, letters, petitions,
and inventories in the same class as vicegerents, and declare them
entitled to the same rank as those who, as the subordinates of prefects,
have been appointed to the government of departments from the time
when they obtained the office. Such officials, who have subsequently
been promoted to the position of vicegerents, take precedence over
others who have not yet attained to that dignity, and shall not be
liable to any ignoble service whatever. 2. The Emperors
Valentinian, Theodosius, and Arcadius to Constantius, Praetorian Prefect
of the Gauls. Those who serve in
the offices of the Imperial Secretaries, and exercise the functions
of ordinary or distinguished judges, shall not be summoned
to court, or compelled to accept public employment against their will.
Superior officials, cornicularii, and the heads of departments
are hereby notified that they will be fined three pounds of gold,
to be collected out of their property, if they do not permit them
to enter Our Consistory, or the office of Secretary of the Judges,
or if proper respect is not shown them when they are admitted into
the Imperial presence, or if they should be refused permission to
sit with the judges. Given on the sixth of the Ides of November,
during the Consulate of Timasius and Promotus, 389. 3. The Emperors
Theodosius, Arcadius, and Honorius. Those who are employed
in the offices of the Secretary of the Imperial Palace, that is to
say if, after they have served for twenty years in drawing up memorials,
letters, petitions, and inventories, they should decide to retire,
shall be raised to the consular dignity, and they should, in consequence,
obtain the same honors as are usually conferred upon former Consuls;
nor shall anyone be permitted to annoy them by imposing any duty upon
them, or by ordering them to perform any service. 4. The Emperors
Arcadius and Honorius. We order that the property
of all those employed in the offices of the Imperial Secretaries,
that is to say, those who draw up memorials, letters, petitions, and
inventories, shall be secure and exempt from the imposition of any
compulsory contribution for ignoble purposes, and that the said persons
shall have no apprehension of an assessment, or any other exaction,
and shall only be liable to the payment of the usual tax; so that
the dignity obtained by their labor may not be subjected to any extraordinary
burden, or be compelled to contribute to the fund of vehicles or post-horses;
and this shall apply to anyone at present serving in said offices,
as being the privilege and exemption to which their long service and
their industry entitle them. We
decree that this rule shall also apply to their estates, and that
they shall continue to enjoy this privilege, even though they may
be promoted to a higher position; so that no matter what their rank
and fortune hereafter may be, they will still profit by the advantages
obtained by their service in the office of the Imperial Secretaries. 5. The Emperors
Honorius and Theodosius to Faustinus, Praetorian Prefect. By way of granting a special favor, We order that those who are employed in the offices of the Secretaries charged with drawing up memorials, letters, and petitions shall, from the receivers to the Mello-proximi, obtain the dignity and honor of nobles, and like the others who are serving in the same offices, shall legally be entitled to attend the meetings of Our Council, just as ordinary judges can do; so that they upon whom We have conferred this noble rank may know that they can claim the same respect as other distinguished persons, and be informed that they have received permission from Us to enter and sit in Our Council. Given at Ravenna, on
the eighth of the Ides of June, during the Consulate of Lucius,
413. 6. The Same Emperor
and Valentinian. We decree that, hereafter, those who are employed in the three bureaus of the Secretaries' office having charge of memorials, letters, and petitions, shall obtain the rank of Proximi after one year's instead of two years' service, as was formerly prescribed. Given at Constantinople,
on the eighth of the Ides of February, during the Consulate
of Theodosius, Consul for the seventh time, and Palladius, 416. 7. The Emperors
Theodosius and Valentinian to Nomus, Master of the Offices. We order that the promotion
of persons employed in the offices of the Imperial Secretaries shall
be dependent upon their length of service, and that all supernumeraries
stationed in the said offices shall occupy the vacant places which
they may obtain, in the same order. This rule shall be applied in
such a way that no one who has been recently enrolled can aspire to
a place to which he has no right; except where he is found to be more
competent to perform the work, and has been decided to be worthy of
promotion by the testimony of fifteen of the employees of the said
office of Secretary, and entitled to precedence, which shall be confirmed
by oath. We desire that this rule shall be observed by
everyone, with the exception of the sons of those next in order of
preferment. For We decree that each of those shall cause one of his
sons to be admitted into the order, with strict reference to priority
of time (even if he is known to be lax in the performance of his duties),
and he shall be preferred to those of more recent appointment, but
who are more competent. We order that any supernumerary, who has been
admitted as an active member, shall pay to the one next in succession
the sum of two hundred and fifty solidi and twenty or fifteen
solidi to the Melloproximus or assistant, in compliance
with the custom of each Secretary's office. If,
however, any of the supernumeraries, with a view to avoiding paying
the money, should decline the promotion to which he is entitled, the
place shall be offered to the next one in order, upon payment of the
aforesaid sum, so that if the second, the third, or any other should
refuse to accept the place, it may be given to the immediate successor
of him who last refused it. Moreover,
We are unwilling for those who have declined promotion in their regular
order to be excluded from their grade, but when another vacancy occurs,
We order that they shall have full power to obtain it upon the same
terms which they formerly rejected, namely, by paying the sum of money
requisite to secure the place. 8. The Same Emperors
to Nomus, Master of the Offices. We decree that those
first in order in the office of the Imperial Secretaries, as well
as in that of the Count of the Inventories, whose fidelity, long-continued
industry, ability, probity, and diligence deservedly commend them
to promotion shall, when their terms of service have expired, obtain
for life the insignia of office of Count of Our Consistory, and shall
continue to enjoy all the privileges which have previously been conferred
upon them; for We have decided that persons to whom the secrets of
Our government have been deservedly committed should be adorned and
decorated with the honor of the office aforesaid. 9. The Emperor Leo
to Patricius, Master of the Offices. Those who are employed
in the offices of Our Imperial Secretaries, and have been granted
a temporary leave of absence cannot, during that time, be subjected
to civil suits or criminal prosecutions, but with their wives and
children shall remain unmolested and not be liable to public taxes
or employments, and they can even claim exemption from these after
their terms of service have expired. Their houses, likewise, which
they own in the provinces, shall be free from the annoyance of lodging
soldiers. 10. The Same Emperor
to Hilarianus, Count, and Master of the Offices. We direct that the
number of employees in the office of the Secretary charged with keeping
records shall not exceed sixty-two; those in the department of letters
are limited to thirty; those in that of petitions to twenty-four;
and that those whose duty it is to decipher and copy old laws in the
bureau of historical documents shall never be less than four in number.
Moreover, those persons above mentioned who are employed in the Bureau
of Records shall never perform double service, nor shall they draw
up duplicates, so that several persons will not be engaged in performing
the duties of one, and nothing be left for the others to do. 11. The Emperor
Zeno. If anyone employed
in the offices of the Imperial Secretaries, that is to say, in those
of the records, inventories, letters, and petitions, who has already
been appointed, should die, the substitute who occupies the vacancy
as being next in the line of promotion shall pay, by way of consolation
to the heirs, successors, children, and creditors of the decedent,
the sum prescribed by the Imperial Constitutions of the Emperors Theodosius
and Valentinian, of Divine Memory. Those who lent money to the deceased
to enable him to secure the position, even if the succession or estate
should not be accepted or entered upon, will still be entitled to
preference over the others; and the children, the agnates, and the
cognates shall have the right to receive the said sum of money, not
by way of inheritance, but as a privilege, and they shall be permitted
to demand it, and bring suit for its recovery; and Our law must not be evaded or violated by the
commission of any fraudulent act, and especially as there can be no
doubt that, when the distinguished Proximi of the Secretaries'
office die without having completed their terms, they can transmit
to their heirs and successors the remainder of their salaries, without
any diminution whatsoever. 12. The Same Emperor
to Celer, Master of the Offices. We order that persons employed in the offices of the Imperial Secretaries, as well as their parents, wives, and children, shall not be obliged to answer in any civil or criminal proceeding, except before the tribunal of Your Highness. Moreover, their tenants, serfs, and slaves residing in this Imperial City shall enjoy the same privilege, and the assistants of the Proxlmus, or the ordinary employees, shall only be compelled to be sworn; so that if anyone of them is forced to appear in court, he Will only be required to furnish security by oath; and if he has no real property, any slaves or serfs belonging to him will be released, if their master becomes surety for them. (1) We also order that the amount to be donated as sportulse shall be reduced, and that only one solidus shall be paid to each one of the court officials during the progress of a case; and two where it is brought before Your Highness; and a half a solidus must be paid to the copyists for drawing up the papers; and if the case should be referred to an arbiter, one solidus, and no more, shall be paid to him; and We decree that the third part of a solidus shall be given to the officers for their services, not only for publication of notices, but also for the report and the inventory. We direct that the eminent Patron of the Treasury in office at the time, as well as those officials whose duty it is to diminish litigation, shall demand or extort nothing from them; and We order that half of the expenses which may be incurred by the above-mentioned persons in the proceedings before Your Highness shall only be paid by them in tribunals in the provinces, so that if they become involved in litigation with reference to contributions of grain, or guardianship, or curatorship, or notice not to construct a new work, and where the case is brought before a higher tribunal, as for instance, before the Prefect of Subsistence, or the patron of the Noble Prefecture of the City, or of the Architects, the parties cannot be compelled to pay more by way of costs and expenses than the amounts above prescribed with reference to proceedings before the tribunal of Your Highness. (2) We order all these rules to be observed, whether the parties to the action themselves desire to conduct the case, or to have it done by their attorneys, or even by their defenders. This will only apply when they have been notified in writing to appear. (3) If, however, they should be proceeded against by deposition, or in any other way, no payment of sportulte shall be required of them, either by the office of the illustrious assistant, or by anyone else, and they shall be entitled to all the above-mentioned privileges, as well as of those afterwards granted by former Emperors, not only in favor of such as are still in office and afterwards become engaged in that service, but also of such as have retired, or may hereafter withdraw from the employments aforesaid, so that they, together with their wives, children, vassals, and slaves, may reap the benefit of said privileges. (4) And as We desire
all litigants to be treated with equal justice in the controversies
brought before judicial tribunals, We decree that the benefit of the
privileges aforesaid shall also be shared by their adversaries; and
for this reason We order that those who are employed in the Bureau
of Records shall not only enjoy the privileges granted by Us in bringing,
but also in defending actions for them; and that those employees in
the said Department who have retired, and fixed their domicile in
the provinces through love of tranquillity, shall still be protected
in the enjoyment of all the rights conferred upon persons of this
kind, by the law which We have recently promulgated; and that they
shall obtain all the advantages and benefits derived from the same. 13. The Emperor
Justinian to Proculus, Quaestor of the Imperial Palace. Having ascertained that Our predecessors, the Emperors, formerly fixed the number of deputies of Your Highness, and declared that it should not be lawful for any larger number to assume the name or discharge the duties of the office, and that there should only be twelve of them in the Bureau of Records, and seven in the other two Bureaus of Imperial Letters, and Petitions, and in consideration of the fact that afterwards the number was increased by political intrigue, so that the routine of the office was disturbed, and business interfered with through the swarm of employees to such an extent that there is at present very little difference between the number of recorders and their deputies: (1) Hence We decree that the law fixing the number of persons employed shall be restored, and that number reduced, but not in such a way that any of the deputies who exceed the prescribed number shall be dismissed, but that hereafter no one shall be appointed to the place until the number has been decreased, and only those authorized by law remain. Any deputies who may relinquish their office on account of promotion to a higher dignity, for example, those who are raised to that of laterculus in the office of the Imperial Secretary, or who obtain the second place in the other two offices, after they have been appointed proximi, shall not be prevented from subrogating to themselves those whom they may select for that purpose, even though the latter may be entitled to precedence, and although the number may not yet have been reduced to what it was originally. (2) We think that the
following rule should be established, because it is supported by precedents,
and for the reason that it is consonant with the principles of justice,
namely: that a petition should be presented to the illustrous Quaestor,
then in office, by him who has been given permission to appoint someone
in his stead, requesting his signature, and setting forth the term
of service and the rank of the person to be subrogated, as well as
a full statement of the case, that is to say, why he should be permitted
to appoint the individual whom he desires to subrogate to himself.
In the appointment of such deputies, the time when the petition was presented should be taken into
consideration, so that the first accepted will always be preferred
to one admitted subsequently, and the date of the petition should
govern the order of appointment, which rule should also be observed
with reference to almost all offices. 14. The Same Emperor
to Tatian, Master of the Offices. We order, by this law, that when the deputies of the Quaestor of Our Imperial Palace have been brought into court, either in civil or criminal proceedings, the strict rule of law and justice shall be obeyed; so that if this should be done without any written documents, the oral statement of the applicant will be sufficient. If, however, papers should be filed in a complaint against one or more of the deputies, all the necessary documents shall be produced, and the deputies must comply with all the proper and legal formalities required in proceedings of this kind. (1) And, since it is preferable to depend upon evidence and precedents rather than upon unsuitable customs, We decree that what is shown to have prevailed in cases involving employees in the Bureau of Petitions, as well as those in that of Imperial Letters, shall be observed, so far as the deputies in the Bureau of Imperial Records are concerned, so that those who have obtained permission to travel by virtue of a public leave of absence can remain abroad without any diminution of their pay or emoluments; for the illustrious Proximi and Melloproximi, or, in their absence, their deputies, are compelled to pay the absentees whatever may be due them, either out of their own property, or out of the balance of the taxes or contributions, even though the leave of absence may extend beyond the Kalends of January, and include holidays. (2) We have established
these regulations in order that no deputies can, by political intrigue,
be added to those who are at present in office, or even after their
number has been diminished, although they may have been reduced to
their ancient status. 15. The Same Emperor
to Tatian, Master of the Offices. We have already published certain rules having reference to the deputies of the illustrious Quaestor of Our Palace concerning the business of the office, the first of which directs that, until their number is reduced to its ancient footing, none of them can be dismissed for the sole reason that there are more of them than are authorized by law, except where one is promoted to the rank of laterculus in the Bureau of Records, or to the second place in the other two Bureaus, that is to say, those of Imperial Letters and Imperial Petitions; for when these relinquish their offices they have permission to substitute for themselves anyone else whom they may select, who shall be placed in the lowest rank among the deputies, even though they may occupy a higher one among those recommended for the place. Again, another rule has been promulgated, at the suggestion of Proculus, of illustrious memory, by which We ordered that those deputies who, on account of some accident of fortune, as, for instance, through old age or disease, had become unable to discharge their duties, could substitute other deputies in their stead, which the said Proculus of illustrious memory communicated to Us with the endorsement of the deputies themselves. But as We have ascertained that, in violation of the present law, the number of deputies in the Bureau of Imperial Records, as well as in the two other Imperial Bureaus, that is to say, in those of Imperial Letters and Imperial Petitions, deputies have been both added and removed, and that this has been done under the pretext of a sale, in order that it may not occur hereafter, We communicate the present law to Your Excellency, by which We order that those shall, in accordance with an Imperial Rescript previously issued by Us, only be permitted to substitute others in their stead where they have obtained the rank of laterculus in the Bureau of Records, or the second place in the other two offices, and the other law which We have promulgated on this subject shall be abolished. Permission shall not be granted to any of the said deputies, unless he has obtained the promotions hereinbefore mentioned, to appoint another to take his place under any circumstances whatever, so that, in this way, the said deputies may be reduced to their ancient number, that is to say, twelve, in the Imperial Bureau of Records, and seven in the other two Bureaus, namely those of Imperial Letters and Imperial Petitions and Inquests. This law has been established in order that no deputies may, through political intrigue, be added to those who are in office at present, or even after their number has been diminished, notwithstanding it may be the same that it was in ancient times. For if We should decide to prohibit any changes, even though they might be the result of some accidental circumstances, much more reason exists for Our forbidding others to be introduced while the prior incumbents were still in office. All the remaining provisions
of the former law shall remain in full force. Title
20. Concerning agents employed in the transaction of business. No one belonging to the Association of Agents shall, hereafter, attempt to occupy a place rendered vacant by the death of another; but he who, by length of service and merit, can claim promotion, and is entitled to the position, shall obtain it, and no objection shall be of any avail. Given at Constantinople,
on the day before the Kalends of July, during the Consulate
of Honorius, Consul for the sixth time, and Aristenetus, 424. 2. The Emperors
Honorius and Theodosius to Helio, Master of the Offices. No one shall, hereafter, without the authority of the Emperor, be permitted to degrade an agent, or exclude him from the association to which he belongs. For after he has proved his membership, he need entertain no fear of the censure of a judge, nor any insult provoked by the humbleness of his origin. Given at Constantinople,
on the third of the Ides of November, during the Consulate
of Honorius, Consul for the tenth time, and Theodosius, 415. 3. The Emperor Leo
to Patricius, Master of the Offices. Confirming the register
of agents made by Your Highness, We order that hereafter the number
of decenarii shall not exceed forty-eight, and the number of
centenarii shall not be more than two hundred, and that, in
both instances, candidates shall not be considered eligible unless
they have passed through the inferior degrees. In like manner, the
number of biarchs shall be limited to two hundred and fifty;
that of the circiti to three hundred, and the number of knights
to four hundred and fifty members. This rule, which has been adopted at the suggestion of Your Highness,
shall remain forever in force, so that if any one of the decenarii
whose members We have decreed shall be fixed at forty-eight should
die, his heirs at law or testamentary heirs will be entitled to his
salary and emoluments, just as he himself would have been if he had
lived; for which reason his successor shall not be appointed until
his term of office has expired. No
one shall be entitled to enjoy the pay and privileges attaching to
membership in the Association of Agents without the sanction of the
Emperor, which must be entered on the registers in the office of the
Imperial Secretary of Records. 4. The Same Emperor
to Patricius, Master of the Offices. As, in the first place,
it has been decreed that those agents who have attained to the rank
of ducenarius or centenarius shall, in this Imperial
City, be subject to the authority of no other judge, or, indeed, to
the supervision of anyone else whomsoever, except that of the distinguished
Master of the Offices, to whom is conceded the right of appointing
someone to represent them in court, We decree that this rule shall
be especially applicable in criminal cases, for it would be absurd
if he who had no jurisdiction over pecuniary matters should be obliged
to render a decision affecting the life and reputation of another.
We order that this privilege shall also be granted to those who temporarily
administer the office, although We are aware that, so far as they
are concerned, an ancient custom to the contrary has been observed
up to this time; still they should entertain no doubt that if, after
having relinquished the above-mentioned office, they should not be
included among the centenarii, they will be subject to the
Common Law. We forbid the enjoyment of this privilege to all the above-mentioned
centenarii residing in the provinces, unless they are absent
in the discharge of some public duty, and, in accordance with the
ancient rule, We also order them to comply with the decisions of the
ordinary judges. Title
21. Concerning the overseer of agents employed in the transaction
of business. We decree, by this
law, which shall remain perpetually in force, that agents employed
in the transaction of business who, through length of service, have
attained the rank of overseer shall, to the number of four each year,
in regular succession, be appointed under-assistants to each of the
Bureaus of Construction and of the Barbarians, with the exception
of those among them who, either in person or by others, are engaged
in any kind of trade; for the latter are forbidden by the Imperial
Constitutions to hold the office, excepting such as have undertaken
the administration and supervision of the property of others. We desire
that they shall aspire to such employments, whose efforts have received
the approbation of members of the body to which they belong.
Those also are excluded from
this Imperial privilege who, while belonging to the said Association
of Agents, have become attached to the offices of the Imperial Secretaries,
presided over by the Primicerius or Tertiocerius, and
who are employed as deputies in drawing up public documents, as they
cannot work in two places at the same time; and, in addition to the
emoluments which they obtain from the aforesaid posts of secretaries,
they should be content with the honor of being
chief. If, indeed, they
should be disabled by disease or age, or incapacitated for any other
reason whatsoever, so as to be unable to perform the duties of the
aforesaid office, We, in consideration of their former services, do
hereby order that they themselves shall, on their own responsibility,
have the right to select others to fill their places, by appointing
persons who are solvent and of good morals, and possess the requisite
knowledge and skill to perform their duties in the said offices of
the Imperial Secretaries. 2. The Emperor Anastasius
to Celer, Master of the Offices. We decree by this most
salutary law that agents employed in the transaction of business shall,
as in the case of officials charged with the collection of sportulss,
in the judicial duties assigned to them, be liable to the costs,
the payment of which they or their adversaries may be condemned, and
that the same rule shall apply where attorneys have been appointed
by them to conduct their cases, and they shall enjoy the benefits
which have already been granted by the Imperial Constitutions to those
engaged in the service of the government; and where a solvent
surety must be provided, he
shall be a member of the same body, and they will not be compelled
to offer a stranger. Still, all privileges that may have been granted
by Imperial Constitutions to centenarii, decenarii, chartularii,
or illustrious chiefs, after they have retired from service, and
which have been enjoyed up to the present time, shall remain intact
and inviolate; as it would be extremely absurd, and even rash, for
this evidence of Our liberality to diminish, by some subtle interpretation,
the privileges already conceded, when the intention was that they
should be increased. The same rule shall be observed with reference
to the mothers and wives of those persons, as well as to children
who are under their control, so that neither they nor their slaves
may be compelled to perform any other service, and any of the above-mentioned
persons residing in the provinces shall be entitled to the same privileges.
All of them, however, shall be required to pay their share of the
sportulss, and the expenses of litigation, that is, the third
part of the sum above mentioned. Any persons who, in any way or at
any time, violate this law, or permit it to be done, shall be liable
to a fine of ten pounds of gold, and be subjected to other severe
penalties. Title
22. Concerning the chiefs of agents employed in the transaction of
business. We reward agents employed
in the transaction of business after they have retired from office,
with the honors of the chieftainship; and therefore those who, without
the authority of the Emperor, have been raised to this dignity, cannot,
as officials, be charged with any matters having reference to public
or private affairs; and they cannot, without the interposition of
Imperial authority, be compelled to appear in person, even where they
are called upon to do so in the place where they reside. We
desire advocates to be notified of this, lest, without the knowledge
of the Emperor, they may present some claim against a person of this
kind, which should not be done even where it has reference to matters
in which others are interested, and where fraud is said to have been
committed. In case this
law is violated, We order that ten pounds of gold shall be paid by
your office to Our Treasury. 2. The Emperor Anastasius. We order that, in all
actions at law, no matter who the persons concerned may be, even if
they are of senatorial dignity, recourse shall especially be had to
the chiefs of the agents for the transaction of business, and that
all other matters which are usually submitted to the Senate shall
hereafter be in charge of the officers of the census, and that
the rights of the parties shall not be prejudiced by any rescript
which has been surreptitiously obtained. 3. The Same Emperor. We order that the chiefs
of the agents for the transaction of business shall, among other privileges,
be invested with the dignity of Proconsul. 4. The Emperors
Theodosius and Valentinian to Valentius, Master of the Offices. The chiefs of the agents
employed in the transaction of business shall be permitted to have
domestics attached to their offices on whose fidelity and industry
they think that they can rely, even if the latter have previously
discharged the same duties. If
any agent employed in the transaction of business should not have
been able to perform his duties, for the term of twenty-five years,
on account of the infirm condition of his health, and, by the vote
of the entire body to which he belongs, should attain to the dignity
of chief, We order that he shall enjoy the same privileges to which
those are entitled who have obtained that honor by continuous service
for the full term required by law. In the congratulations of judges,
however, We order that the latter shall take precedence, when they
can allege that they have enjoyed official honors for a longer time
than the former. Where any of the officers of the census or their
attendants are guilty of violating the rights of those who have been
appointed to chieftainship, they shall be condemned to pay a fine
of twenty pounds of gold. 5. The Same Emperor
to Cyrus, Praetorian Prefect. We order that those
agents employed in the transaction of business who have regularly
passed through the grade of decenarius to that of chief, or
have been appointed deputies of the illustrious Master of the Offices,
when they are included among those who are honored, shall obtain the
title of vicegerent. 6. The Same Emperors
to Nomius, Master of the Offices. We decree that the
chief of agents employed in the transaction of business, who frequently
attain the above-mentioned rank, after having been exposed to great
dangers, and sometimes to the risk of loss of life; when their time
of service has expired, shall, for the remainder of their lives, be
entitled to the honor of Count of the First Rank; remaining at the
same time in the enjoyment of all of the privileges previously conferred
upon them. 7. The Emperor Leo
to Nicosterius. Anyone who, being a
member of the body of cohortals, has a son born to him during the
time he is serving in the association of agents employed in the transaction
of business, before he attains to the rank of chief, and although
he himself, after his term of service has expired, just as any other
freeman, will not be subject to any of the restrictions imposed by members among the cohortals, he will, nevertheless, leave
his son liable to them. If,
however, he should have a son born to him after he has obtained the
dignity of chief, the said son, even if he was not enrolled in the
body of agents employed in the transaction of business, will remain
free and secure from any obligation attaching to the condition of
cohortal, as he was born to a father who is free, and absolutely independent
of the liabilities attaching to this condition. 8. The Emperor Anastasius. With a view to the
interests of the numerous persons who become members of the association
of agents employed in the transaction of business, We order that whenever
the illustrious chiefs of the said association have finished their
term of service, their wives, children, slaves, or vassals who may
be required to appear in court and defend themselves in person, or
by their attorneys, shall not be compelled to pay the officers more
than one solidus by way of sportulss; and not more than
a third part of a solidus shall be given to the attendants
of a vicegerent or a Governor, and that no extortions or annoyances
shall be practiced with reference to the furnishing of sureties, but
such sureties shall be provided as the defender of the district may
consider to be suitable, so that, in accordance with the tenor of
the general edicts, those who possess immovable property either in
the Capital or in the provinces shall only be bound to furnish security
by oath, and such as is based upon the property which they themselves
possess. It should also be added that no summons shall be valid unless
it is reduced to writing. In like manner, with reference to what has been
provided concerning other officials, whenever civil or criminal proceedings
are instituted against them, the executive officer having charge of
the civil or criminal case from beginning to end shall be content
with the payment of a single solidus by way of fees; and two
solidi shall be paid by them, or their wives, for recording
Imperial letters, or for filing a simple claim against persons presumed
to be liable; and whenever copies are demanded, those whose duty it
is to give them shall not hesitate to do so, after having demanded
and received a solidus. We
order that the executive officers shall not have authority to collect
more than three solidi for furnishing documents to those who
are entitled to them, and that not more than one solidus shall
be paid to an arbiter, and half a solidus to the attorney of
the Treasury, and half a solidus shall be paid to notaries
for the preparation of any papers which they may be required to draw
up from the beginning to the end of the case, as has already been
stated. Where, however, suit is brought, not before an arbiter but
before a superior judge, the said illustrious magistrate cannot collect
more than four solidi for instituting the proceedings, and
for the record of the papers only two solidi shall be paid.
No one shall be annoyed by the exaction of any other sums for costs
than those above mentioned; and this rule shall apply to all persons,
whether the parties bring actions against others, or whether they
are sued as defendants. Title
23. Concerning spies and detectives. Spies and detectives,
or any persons whose duty it is to inform the judges of crimes which
have been committed, are required to establish their accusations,
and they will run great risk if it should be proved that they have
falsely accused anyone who is innocent, for the disgraceful practice
by which they are permitted to arbitrarily imprison persons must be
abolished. 2. The Same Emperor
to Taurus, Praetorian Prefect. We think that agents
employed in the transaction of business should be mindful of Our orders
in the care and inspection of the public post, and that this will
be in every respect to the advantage of the State; therefore, We order
that this duty shall entirely devolve upon officials of this kind
and upon no others. The said officials must use extraordinary diligence
to prevent any interference with the transport of the mails, and prevent
more from being demanded than is customary. He
who attempts to do anything of this kind shall be deprived of the
profit of his dishonorable conduct, and notice should be given of
his act either to the judges, or the detectives, even though he may
assert that We have directed great speed to be used because of the
urgency of the matter; and no persistency nor the rank of the individual
concerned will have any effect. Therefore, We forbid any money to
be demanded for an animal not set apart for the transport of the mails.
Whoever perpetrates an offence of this kind shall be compelled to
pay fourfold the amount that he received. 3. The Emperor Constantine
to the Agents Employed in the Transaction of Business. All condemnations by
prefects of those among you who have been charged with the inspection
of the post, and have honestly discharged their duty, are hereby annulled,
but the sentences of any who have acted dishonestly, or have tarnished
the honor of the service, shall not only be confirmed, and a more
severe penalty shall be inflicted, in additien. 4. The Emperors
Arcadius and Honorius to Marcellus, Master of the Offices. We decree that agents
employed in the transaction of business shall be sent, in turn, to
each province, where they should be charged not only with the inspection
of the post, but also with the transportation of public property.
They shall have nothing in common either with the judges, or the inhabitants
of the provinces, nor shall unlawful contributions be collected by
them from ships, nor shall they gratuitously receive petitions, take
testimony, or decide legal controversies, which they are not authorized
to do, nor shall they commit anyone to prison, but they must attend
to postal matters exclusively. Title
24. Concerning officers of the palace attached to the Bureaus of the
Imperial Largesses and Private Affairs. Palatines are only liable to the payment of the poll tax, and impositions on land, and are released from all extraordinary and ignoble contributions, tributes, and burdens of every description. Given at Constantinople,
on the Nones of May, during the Consulate of Constantius, Consul
for the fourth time, and Constans, 342. 2. The Emperors
Valens, Gratian, and Valentinian to Count Tatian. No fiscal officer,
or subordinate of the Count of the Treasury, who has once been convicted
of breach of trust can, under any circumstances, be reinstated, or
obtain any other dignity by intrigue or other means, or perform the
functions of any public employment whatsoever. 3. The Emperors
Gratian, Valentinian, and Theodosius to Pancratius. The former rule having
been restored, a Palatine, in preference to all others, shall be despatched
to Cappadocia to act as Count of the Houses, and if he should be guilty
of dishonesty, you will be responsible, therefore you should, every
year, select a Palatine suitable for this place and send him there. 4. The Same Emperors
to Hesperius, Praetorian Prefect. There shall be nothing
in common, nor any connection between the different judges and the
officers of the palace who are despatched by the counts upon a mission;
but (with the exception of the respect which is due, and should be
shown not only by inferior officials, but also by those of exalted
rank, as well as by residents of the provinces, to the Governors of
the same), the Palatines shall not go beyond what is required of them. 5. The Same Emperors
to Nebridius, Praetorian Prefect. Certain members of
the Order of Palatines, after their terms of service have expired,
have tried to obtain admission among those employed in the Bureaus
of Transportation. Hence We order, by this law, that hereafter, no
one who attempts to do this shall be heard, but each shall remain
attached to the bureau in which he chose to serve, and he shall not
be transferred to another place, even if he has already attained to
the highest rank in his own order. 6. The Same Emperors
to Probus, Praetorian Prefect. Your Excellency is
hereby informed that you can exercise no authority over the subordinates
of the Palatines, and that hereafter you will
not be permitted to make any addition to them whatever. We also forbid
the Governors of the provinces to attempt anything of this kind. 7. The Same Emperors
to Trifolius, Count of the Imperial Largesses. We decree, by the present law, that all persons employed in the Bureau of the Imperial Largesses shall be of the number hereinafter specified, so that they may remain satisfied, and be aware that no addition can, under any circumstances, be made to their number, even though someone may desire to obtain admission through the benefit of a special privilege obtained from the Emperor. We also desire to determine the amounts of the contributions of grain to be made, dependent upon the rank of the person, and to provide that they shall not, hereafter, be increased. (1) The following is
the list of the employees of each of the Bureaus of the Imperial Largesses. 8. The Same Emperors
to Trifolius, Count of the Imperial Largesses. The suggestion which
you have made concerning all Palatines who should be sent upon missions
is hereby confirmed, and it is decided that every year three ducenarii,
and as many centenarii as you may deem advisable, shall
be despatched as aforesaid. 9. The Emperors
Valentinian, Theodosius, and Arcadius. Let no one think that
he can assume any official duties, either in the Bureau of the Imperial
Largesses, or in that of Private Affairs, unless he has been especially
authorized to do so by the Emperor. 10. The Emperors
Theodosius, Arcadius, and Honorius. We order that those
Palatines who, after having been employed in the Department of Accounts
in the Bureau of Imperial Largesses, and have finished their terms
of service, shall, as assistants and primiceri, of different
offices, enjoy the same privileges which We have recently bestowed
upon agents employed in the transaction of business; that is to say,
they shall be exempt from the payment of the contributions required
of those entering the said Orders, and shall not be liable to other
burdens. 11. The Emperors
Arcadius and Honorius. We establish the same
regulation for the Bureau of the Imperial Largesses, as well as for
that of Private Affairs, which We have promulgated with reference
to the proximi of the Imperial Secretaries' office, and decree
that the chief shall remain for two years in the discharge of his
duty, and that the privileges which have already been conferred by
the laws upon those offices, or upon the primiceria, by the
Imperial Constitutions, shall remain unchanged and unimpaired. 12. The Emperor
Theodosius. It will not be necessary
for the Palatines residing in this Imperial City to appear in court
before the illustrious Urban Prefect, unless the case involves the
erection of houses, servitudes, or the contribution of grain; and
in all other legal proceedings, pecuniary as well as criminal, they
shall only be obliged to answer before the illustrious counts. We
permit the Governors of provinces to only have jurisdiction over the
civil and criminal cases of such Palatines as are subject to their
administration in civil as well as criminal cases, where the said
Palatines are not engaged in public matters, provided that, if a criminal
sentence must be pronounced against them, this shall not be done unless
the illustrious count, in whose service the defendant is engaged,
has first been notified and given his consent at the instance of the
Governor of the province. 13. The Same Emperor
and the Caesar Valentinian to Eudoxius, Count of the Imperial Largesses. Among the other prerogatives
which have previously been conferred upon the body of employees attached
to the Bureau of Imperial Largesses is the one that its Primicerius
and the three other Primicerii of the secretaries' office
shall receive the military dignity of Praetorian Tribune; and no contribution,
either public or private, shall be imposed upon them by the authority
of any judge whatsoever. 14. The Same Emperors
to Florentius, Praetorian Prefect. We order that the Palatines
attached to the Bureau of Our Private Affairs shall enjoy the same
privileges conferred upon those who belong to the Bureau of the Imperial
Largesses. For, as the nature of the service is the same, it seems
to be only just and proper that both offices should enjoy similar
privileges. Therefore, We decree that the Primicerii, as well
as the three first officers of the Bureau of Private Affairs, after
their terms of service have expired, shall be permitted to adore the
Emperor with the praetorian military tribunes, and that they shall
retain all other privileges bestowed upon them by the Imperial Constitutions,
so that they will not be subject to any tax or contribution of a private
or public character, imposed by any judge whomsoever; but shall enjoy
the dignity to which they have attained, exempt from all requirements
and all molestation. Title
25. Concerning
strators. We have published a
general edict throughout all the provinces providing that only one
solidus can be demanded by strators as a fee for their
services; and We have prescribed a certain form to be observed in
the offering of horses for the public service, in order that the
people of Our provinces may know what rule must
be observed. We have also made persons liable to the Treasury for
a certain number of solidi, by way of fine, if they should
venture to give to strators what they are forbidden to demand.
The office of Your Excellency shall be fined a hundred pounds of gold,
if, being aware that the above offence has been committed, you do
not immediately punish it with all the severity authorized by law. Title
26. Concerning Castrensiarii and Ministerianii. The successors of those
employees in the office of Your Excellency whose terms have expired
shall be appointed in accordance with their merits, and their time
of previous service, in compliance with the formalities prescribed
by the Imperial Rescripts, that is to say, after the lapse of two
years; and permission shall not be given those who have completed
their terms of service to be reappointed, or again to perform the
same official duties. 2. The Same Emperor
to Scholasticus, Castrense of the Imperial Palace. If anyone of the Castrensiarii
should be raised to the first, second, or third class in the body
to which he belongs, he shall be entered upon the registers as the
last supernumerary of the third class. 3. The Emperors
Valentinian and Theodosius. Those who are attached
to the service of the Imperial Wardrobe, as well as their mothers
and wives, cannot have civil or criminal proceedings instituted against
them, unless this is done before Your Highness. 4. The Emperor Augustus. The officials above mentioned, who are in Our Imperial service (whose functions are enumerated in detail in the note hereto annexed) can, under no circumstances, be subjected to the jurisdiction of any inferior or superior judge, but can only be brought into court by Your Highness; so that they cannot, at any time, be sued in the tribunal of any other magistrate, and be compelled to answer, except in that presided over by Your Highness. But, in order that, in this court, they may not be subjected to enormous expense, or too readily and without good cause be called to account by any judge whomsoever, We have deemed it advisable to fix the amount of fees, and prescribe the number of sureties, providing, above all things, that such persons cannot be sued without a signed or written order issued under the direction of Your Highness. Moreover, after having been sued, they shall not be compelled to furnish any other surety than the agent having charge of their affairs, or one of their principal subordinates, who will be responsible for the person of the defendant without the execution of any bond; and they shall answer in court either in their own proper persons, or by a regularly appointed attorney, whether a civil action is brought against them, or they are criminally accused. Nor shall they be obliged to pay the bailiffs, by way of fees, more than one aureus, during the whole of the litigation. They shall not be required to give more than three solidi to those who appear for them in the case, and conduct it, whether it is terminated in the lower court, or an appeal is taken and prosecuted, or whether any other legal proceedings take place from the beginning to the end of the action; and We order that those who receive these sums shall always remain satisfied with the same. In ordinary judicial inquiries, only two solidi shall be paid for the service of notices. (1) Again, these privileges shall not only apply to the parties themselves, but also to their mothers and their wives, and shall remain inviolate. We also decree, by this law, that where necessity demands, the latter shall only be obliged to furnish their sons and their husbands as sureties; and that the above-mentioned persons, during their term of service, as well as afterwards, shall enjoy all the privileges and benefits granted by the Constitution of the Emperor Martian, of Divine memory; all of which shall remain in force, with the exception of the provision by which they were, at that time, placed under a different jurisdiction. (2) They shall be compelled
to pay to the Advocate of the Treasury, or the clerks who discharge
their duties before arbiters, only the third part of a solidus,
from the beginning to the end of the litigation. When the case
is tried before arbiters, they shall be obliged to pay half a solidus,
and where the party resides in the provinces, and after having
been sued is unable to furnish sureties, he can only be compelled
to be sworn, and no proceedings can be instituted against him, at
any time, unless in pursuance of an order of Your Highness; except
where they have reference to tribute, the performance of civil functions,
and the prosecution of crimes, which the general provisions of the
laws require to be examined and tried in the places where they have
been committed. We decree,
by the present law, that the illustrious Assistant of Your Highness
shall be charged with the duty of seeing that none of the regulations
which We have established are violated in any way. Four of the body of
deans, who have attained to the highest rank of their service, shall
discharge the duties of Primicerius for the term of two years,
and cannot remain any longer in this office; and those next in order
shall, after the expiration of two years, as aforesaid, succeed them,
without either favor or intrigue being allowed to have any effect. 2. The Emperors
Theodosius and Valentinian to Nonius, Master of the Offices. Mindful of the consideration
to which the members of Our household are entitled, We decree that
deans shall not be brought into other courts in compliance with the
wishes of their adversaries, but shall only be subject to the jurisdiction
of the Masters of the Offices, for in this way the respect due to
Us will not be violated, and those who bring suit against them will
be answered in accordance with law. We order that, as in the case
of agents employed in the transaction of business, no one shall be
permitted to bring the above-mentioned persons before another tribunal,
and that the defendants shall be permitted to choose their sureties
from the chiefs of their organization. Title
28. Concerning
surveyors. The Primicerius
of the surveyors shall, after two years of service, be admitted
into the body of agents for the transaction of business. Title
29. Concerning the privileges of those who are employed in the Imperial
Palace. We order that the Palatines,
as well as those whose duty it is to render Us their personal attendance,
and the employees of the Imperial Secretaries, that is to say, those
who are attached to the Bureaus of Records, Letters, and Petitions,
shall be exempt from any appointments to offices involving ignoble
services; and We decree that their sons, grandsons, and other descendants
shall enjoy the same privileges, and, together with all their personal
property and urban slaves, shall be exempt from all base public charges;
and no injury shall be inflicted upon them by anyone whomsoever.
Anyone who violates this law,
no matter what his rank may be, shall pay the prescribed penalty. 2. The Same Emperor
to Rufinus, Praetorian Prefect. We desire Our chamberlains,
who have retired from office, as well as the Palatines employed in
different branches of the service, and the subordinates of the Bureaus
of Records, Letters, and Petitions, and also all Palatines stationed
either in the palaces of the different cities of Our Empire, or in
the camps, to enjoy the same privilege; so that neither they, nor
their sons or grandsons, shall be compelled to accept public office
or discharge municipal duties. We release them all from performing
the functions of any base or corporeal public employment, for they
are worthy of Our favor to such an extent that they shall be entitled
to their castrense peculium, whether they are still attached
to the palace, or have been permitted to go into retirement. We also
concede all these privileges to agents employed in the transaction
of business, even though they may be considered to belong to the military
profession. 3. The Emperors
Gratian, Valentinian, and Theodosius. Men who have been employed
in Our palace shall be exempt from all contributions; and, although
they may be persons of property, shall not be subjected to the arrogance
and rapacity of government officials. 4. The Same Emperors. We desire all those
who have held different positions in the palace to obtain only the
insignia of the one which they occupied at the time of their discharge.
All must be promoted in regular order, and shall receive the Palatine
honors, in accordance with seniority of service. Anyone who is rash enough to violate this law
shall suffer the penalty for sacrilege. Title
30. Concerning the privileges of the favored divisions of the army. We deny distinguished
military counts the right to scourge and degrade senators and ducenarii,
for when any acts are committed which deserve punishment of this
kind, We wish them to be brought to the attention of Your Highness.
Moreover, We decree that their
domestics cannot be created senators, ducenarii, or centenarii,
and anyone who violates this Imperial Constitution shall be fined
five pounds of gold. If anything of this kind should be attempted
in the Bureau of Barbarians, or, if attempted, should not be denounced,
a fine of ten pounds of gold shall be imposed. It has been established, not without reason, that
anyone who, on account of his rank, We have decreed shall be excluded
from the office of domestic either permanently, or for the term of
five years; cannot, through the favor of the count, and, under another
name, administer the said office which he is forbidden by law to hold. 2. The Emperors
Honorius and Theodosius. We decree, by this
law, that those who have served in different organizations, and, when
their terms have expired, have attained to the rank of Primicerii,
and whom after their adoration, the Emperor has raised to the
illustrious dignity of count, shall enjoy all the rights and privileges
attached to the above-mentioned rank; and, subsequently, until the
end of their lives, shall only be subject to the jurisdiction of Your
Highness, and shall not be compelled to take part in any civil litigation
by the order of any other magistrate whomsoever. We desire, however,
that in criminal controversies and public tributes, they shall be
subject to the jurisdiction of the Governors of provinces, lest the
public welfare may suffer, or crime increase, under the pretext of
privileges which have been granted them. 3. The Emperor Anastasius. We order that whenever members of favored divisions of the army and their wives (if their husbands are still living, or even when they have become widows through their death), as well as their mothers who are widows, and their children, if they have not been specially placed under the jurisdiction of some other judge, together with their slaves, have been made parties to either a civil or a criminal proceeding, and judgment has been rendered against them in the tribunal of Your Highness, they shall not be annoyed by being required to furnish a strange surety, but, in accordance with ancient custom, can provide the surety from their own organization. The following rule must also be observed, namely: in criminal cases, five other persons selected among the thirty principal members, counting from the Primicerius, to the thirtieth in rank, shall be appointed sureties, together with the accountant (provided the latter is willing and does not refuse), or if the five principal members should refuse (as above stated) a single surety along with the accountant, to be selected from strangers, shall be given in criminal cases alone. Officials shall not be paid more than one solidus by the parties, as a fee, whether they answer in person, or by an attorney. (1) We decree that where the case is submitted to an arbiter, only one solidus shall be paid as a fee for joining issue, and another, and no more, for the rendering of the final award by the arbiter. (2) If the case should be brought before your tribunal, either in the first place, or on appeal, the parties shall only be obliged to pay three solidi for filing the papers and reading the same, and two others for the trial of the case and the rendition of the judgment. (3) Whenever a case in which the members of the aforesaid organization, their wives, or children are interested, has been sent from the tribunal of Your Highness to that of the Governor of the province, We decree that not more than half the ordinary costs shall be collected. It should also be added that, where any of these persons, having obtained leave of absence, have gone to the provinces, no actions except criminal prosecutions and cases involving the payment of tribute shall be brought against them for five months, within which term they must return. When, however, after the expiration of the fifth month of their leave of absence, proceedings are instituted against them before the tribunal of Your Highness, they will experience no inconvenience in furnishing sureties, for We order that recourse be had to juratory security. (4) Moreover, We decree
that when legal proceedings have been begun against members of the
said organization, or their mothers, wives, children, or slaves (as
has already been stated), verbally and without having been committed
to writing, they shall not, in accordance with the distinction above
set forth, be compelled to pay anything by way of sportulse, nor
shall their mothers, wives, children, or slaves be obliged to do so.
If, however, the matter is of such a character that, with the consent
of the parties, cognizance can be taken of it even without its being
reduced to writing, the case shall be tried without the proceedings
being written; and if the above-mentioned persons should lose their
case, they will only be required to pay one solidus, by way
of fees, to the executive officer having charge of the same. Where,
however, the nature of the case demands that the proceedings be committed
to writing, in this instance, it will be necessary for the proper
legal documents to be drawn up, and the rules above stated, which
prescribe the amount of fees to be paid when suits are decided and
disposed of, shall be observed. Title
31. Concerning the castrense peculium of all Palatines. We order that all the
Palatines, upon whom Our Edicts have heretofore bestowed certain privileges,
shall hold as castrense peculium any property which they may
have obtained through their own frugality, or by Our donations, while
they resided in the Imperial palace. For what is there that should
rather be considered castrense peculium than property acquired
with Our knowledge, and almost under Our eyes? Nor are persons strangers
to the dust and toil of camps, who, belonging to Our retinue, are
always ready to execute Our commands, are diligent and learned, and
undergo the tediousness of journeys, and the hardship of expeditions.
Therefore, Our Palatines, who are entitled to the benefits of the
privileges of the Edict, shall retain as their individual property
whatever they may have acquired while in Our palace, either by their
industry (as has been already stated), or by Our donations. Title
32. Concerning the Equestrian dignity. We order that the Roman
knights shall be placed in the next rank after those who are designated
as most illustrious. Title
33. Concerning the dignity of perfectissimatus. Those who have obtained
patents conferring the distinction of perfectissimatus shall
not be entitled to the same unless they have been liberated from the
servile condition, are not indebted to the Treasury, or the curia,,
do not belong to the guild of bakers, or any other body of this
kind, have not purchased the honor with money, or managed the business
of any private individual. Title
34. Who can serve in the army and who cannot, and concerning slaves
who aspire to enter the military service or be raised to any dignity.
No one can have two employments, or hold two dignities at once. If you desire to enlist
in the army, apply to those who have the right to accept you. Moreover,
you should not be ignorant of the fact that those who enlist in the
army for the purpose of avoiding litigation can be discharged upon
the demand of their adversaries. 2. The Emperor Alexander. It has been established
that enlistment in the army, even by the sons of decurions, in order
to fraudulently evade municipal duties to which they are liable, will
be of no avail. 3. The Emperors
Diocletian and Maximian. Your Highness should
use the greatest diligence to prevent serfs and foresters from being
enrolled in the army, whether they are volunteers, or are compelled
to do so against their will. 4. The Emperor Leo. No one of the condition
of decurion, or cohortal, shall hereafter be permitted to enlist in
the army. 5. The Emperor Justinian. Those persons who,
up to this time, have been invested with two, three, or more dignities,
which, according to former custom, are not compatible, but separate
and distinct, shall be given the choice to retain whichever one they
prefer, and reject the others; so that they may permanently hold the
one which they have chosen, and may, undoubtedly, be excluded from
those which they have rejected. Moreover,
no one shall, hereafter, have the right to belong to more than one
order at the same time; and all persons are forbidden (as has previously been stated) to have two or more
employments, or to add another dignity to which one he may already
possess; and those who think that they can petition for something
which has been prohibited by Us shall be sentenced to pay ten pounds
of gold as a fine for their presumption, even though they may have
derived no benefit from it; and all who surreptitiously obtain authority
from the Emperor for this purpose (which sometimes happens) shall
be fined ten pounds of gold. When
the officials attached to the different bureaus having charge of matters
of this kind do not resist such applications, and violate the law,
they shall be punished with a fine of ten pounds of gold. If this
law should be disregarded in any respect, all persons are hereby notified
that whatever has been illegally permitted, done, or inscribed upon
the public records, shall be considered as not having been obtained
or decreed in any way, or entered upon any register. All persons who have obtained promotion in the
military service, as well as in the civil administration in the provinces,
whether they are employed at present or may be employed hereafter,
are also notified that their rank, when authorized by the Emperor,
shall be retained by them, and that, after their terms of service
have expired, they will have permission to choose between the two
dignities which they have received (whichever one they may prefer),
so that they can decide whether they will keep their former dignity
and renounce the one subsequently bestowed, or vice versa.
We, however, through Our inclination
to be indulgent, have determined that all shall be free to adopt the
above course, if the post which is to be relinquished is included
among those that can be sold and transferred to others, and the price
paid for the same is received; hence this can now be done, as was
previously the practice in the army. Those, however, are excepted,
and are not required to obey this Imperial law (which shall prevail
for all time) who have two similar employments, as in the case of
the members of the favored divisions of the army, whom it is customary
to appoint as candidates, as well as the laterculii and the
pragmaticarii, and private secretaries who enjoy the distinction
of being attached to the Bureau of the Imperial Records, and the agents
engaged in the transaction of business, who are invested at the same
time with several dignities which have a common resemblance. 6. The Emperor Justinian. With reference to slaves
who, either with or without the knowledge of their master, may hereafter
aspire to any office, We order that in case the latter was ignorant
of the fact, he can appear before a competent judge, and prove that
his slave was prompted without his knowledge (and this will be sufficient
where the contrary cannot be proved), and if he does so, the slave
shall, in consequence, be removed from office, and again brought under
the control of his master. Where, however, the slave obtained promotion with
the knowledge of his master, the latter shall not only forfeit his
right of ownership to him, but also his right of patronage, and the
slave will become free; and if he proves to be useful in the service in
which he is employed, he shall continue in it, but if he should not
be fit, he shall be dismissed. So far as these slaves, who are at
present engaged in such employments, and who have already served a
considerable time, are concerned, We grant permission to their masters,
within the term of thirty days (to be reckoned from the promulgation
of the present law) to either appear before Us, or before judges having
jurisdiction, and prove that their slaves were promoted to office
without their knowledge, and recover their ownership of them. When,
however, the said term has expired, they shall be deprived of all
rights of ownership and patronage. 7. The Same Emperor. Where any master permits
his slave to be raised to any honor, for instance, where he consents
for him to enter the army, he shall be deprived of the ownership of
the slave and of the rights to which patrons are entitled. For how
can it be tolerated that men who have received donations at Our hands
should still be considered in bondage, and, perhaps, along with their
masters, be admitted to the presence of the Emperor? Therefore, under
such circumstances, where not military service, but some other honor
has been acquired by slaves, with the consent of their masters, the
same rule as previously established shall be observed, in order that
Our laws may not be considered to contain imperfections. Again,
masters are notified that, as in the case of the previous constitution
which treats of slaves of this description, unless they proceed within
thirty days from the time when they were notified, appear before a
judge having jurisdiction, and take measures to deprive slaves of
their dignities, they shall lose their ownership of said slaves, and
their right of patronage over them. After the said slaves have become
free and are included among freeborn persons, We will decide whether
they shall retain the dignities to which they have attained, or whether
they shall be deprived of them as being unworthy. Title
35. Merchants should not serve in the army. We forbid those engaged
in trade, either in this city or in the provinces, with the exception
of bankers who are established in this capital, to serve in the army
hereafter. We order them not to enlist, as they are useful in all
contracts, but We authorize them to accept any other employment, without
fear of violating the present law. When,
however, any merchants whom We have forbidden to enter the military
service have already enlisted, We grant them permission to abandon
their occupations and retain their rank in the army, being Well aware
that if they afterwards engage in any mercantile transactions, they
will be dismissed from the service. We wish any bankers of this city, who have already enlisted, to remain
in the army, as they should be permitted to do so if they abandon
their business. Therefore, after the promulgation of this law,
all merchants shall be discharged from military service with the exception
of those engaged in the fabrication of arms, who shall not be prohibited
from pursuing their occupation, and shall still retain authority to
transact business of this kind. Title
36. Concerning military affairs. You cannot, under the
right of postliminium, legally demand your pay and your donations
for the time during which you allege you were a captive in the hands
of the enemy. 2. The Same Emperor. If you have served
for twenty years in the army, no degrading services can be imposed
upon you. 3. The Emperor Augustus. Soldiers who have been
dishonorably discharged from the service are branded with infamy,
and are not entitled to any honors which are ordinarily conferred
upon men of good reputation. They shall, however, have the right to
reside wherever they please, with the exception of places from which
they are expressly excluded. 4. The Emperor Alexander. My father, the Divine
Marcus Antoninus, decreed that the property of deceased deserters
should be confiscated. 5. The Emperor Gordian. As you state that your
sister's husband, after having been a deserter for seven years, was
pardoned by Us, you have no right to ask that he should be considered
as having been in the military service during that time. Hence, as
We have pardoned him, he will be held to have served in the army,
except while he was a deserter, and therefore he cannot collect his
pay during the period of his desertion. 6. The Same Emperor. When soldiers have
been discharged on account of illness, it is not customary for them
to be reinstated under the pretext that their health has been restored
when they were not hastily dismissed, unless it is shown by the report
of physicians, and after examination by a competent magistrate, that
they have contracted some disease. 7. The Same Emperors. You have no ground
for apprehension that your reputation as a veteran will be injured
because you have been guilty of some violation of
military law, especially as it has been decided that soldiers, after
having been honorably discharged, cannot be branded with infamy for
offences previously committed, even where these could be perpetrated
by persons in civil life. 8. The Emperor Philip. A soldier who has been
discharged because of illness will suffer no loss of reputation. 9. The Emperor Constantine
and the Caesar. Where anyone, with
malicious intent, affords an opportunity for barbarians to commit
depredations against the Roman people, or if he should share the booty
obtained by them in some other way, he shall be burned alive. 10. The Same Emperor. Soldiers, who have
been authorized by Us to have their families join them, shall only
include their wives, children, and the slaves purchased with their
peculium castrense, but not those registered in the Bureau
of the Census, and Your Excellency shall see that this rule is complied
with. 11. The Emperors
Gratian, Valentinian, and Theodosius. Neither tribunes, nor
common soldiers, shall have the right to wander about, but shall remain
with their standards in the barracks and other places allotted to
them. If anyone should violate this law, which has been promulgated
as necessary, a report shall immediately be made to Us with reference
to the said soldiers or tribunes, by the Governor or the defender
of the district, in order that the severest penalty may be inflicted
upon them. 12. The Emperors
Arcadius and Honorius. As all the legions
are encamped on the banks of the river, We, by way of precaution,
decree that no one shall defile the waters of the stream, which are
used for drinking purposes, by depositing any filth therein, and that
no one shall violate public decency by washing horses while naked,
but this shall be done in a lower part of the river, far from the
sight of anyone. 13. The Same Emperors. No soldier belonging
to the Imperial bodyguard, at present stationed in this Capital, whether
he is attached to a legion or to some other branch of the service,
shall dare to engage in any other occupation, either in his own behalf,
or for the benefit of someone else, without the consent of his commander;
and whoever is convicted of an offence of this kind shall be discharged
from the army and compelled to suffer the usual penalties. Those who
are proved to have employed a soldier in any private undertaking shall
be fined five pounds of gold. Where anyone, having been sent by his
company, or by the tribune (for We forbid this to be done under other circumstances) comes to Our Court,
he must immediately present himself before the illustrious Counts
having jurisdiction of such matters, and explain the cause of his
journey, in order that he may receive a favorable answer, and speedily
obtain permission to return. When the Governors of provinces ascertain
that soldiers, having left their commands, are wandering about the
country, they must cause them to be arrested and placed in custody
until We can be notified and determine what should be done under the
circumstances. 14. The Same Emperors. We are unwilling for
Our soldiers to be transferred from one corps to another. Therefore
the counts and dukes to whom the duty of controlling the soldiers
is entrusted are notified that not only are soldiers not allowed to
be transferred from the corps appointed for the service of the Emperor
or the palace to others, but that they, themselves, have no authority
to permit soldiers belonging to the legions of the Emperor, or stationed
in camps established on the frontiers, to be transferred to the command
of either of them, unless the Emperor orders this to be done for reasons
connected with the public welfare; because every soldier should have
an opportunity to increase his reputation, not through intrigue, but
by experiencing the hardships of the service. If
anyone should violate this law, he is hereby warned that a pound of
gold will be exacted by way of fine for every soldier transferred
in this manner. 15. The Emperor
Leo to Aspar, General of the Army. Soldiers who are armed
and supported by the State ought to devote themselves to the public
welfare alone, and not engage in the cultivation of the soil, the
care of animals, or the pursuit of commerce, but should apply themselves
exclusively to the performance of their military duties; and Your
Highness must not hereafter permit them to concern themselves with
any of the above-mentioned occupations, but order them to be constantly
with the company to which they belong, so that they may be prepared
for war by the daily exercise of arms. If any military judge should, contrary to Our
prohibition, cause a soldier to be employed on any private estate,
or in any private houses, or in any other similar services, he is
hereby notified that a fine of one pound of gold for every soldier
so employed will immediately be imposed by way of fine upon him who
violated this law, as well as upon the person who profited by the
labor. 16. The Same Emperor
to Dioscorus. We forbid military men to perform civil duties, and if they should undertake anything of this kind, We decree that they shall at once be immediately dismissed from the army, and deprived of all privileges. This law will render
Our authority formidable to anyone who may rashly attempt to violate
its salutary provisions. 17. The Emperor
Zeno. We do not permit anyone
hereafter to enlist in a corps of cavalry or infantry on the frontier
without first obtaining Our consent. By an ancient custom, which has
prevailed up to the present time, permission was granted to magistrates
or officers to examine those who desired to enlist, so that those
only might serve on the frontiers who had been accepted by the Emperor.
The distinguished generals of the army, as well as the other commanders,
thought, however, that it was necessary to supply the places of those
who were killed, and having made a careful investigation, We have
resolved, at their suggestion, to determine what and how many soldiers
shall be enlisted in each corps, and on each boundary, so that, finally,
We have come to the conclusion that this snail be decided by casting
lots. It is part of the duty of the office of Your Highness
to impose a fine of a hundred pounds of gold if this law, which We
have promulgated, should, in any respect, be violated. 18. The Emperor
Anastasius to John, General of the Army. For the purpose of controlling the collectors of taxes and the inhabitants of the provinces, as well as soldiers, without subjecting them to any injury or expense, as far as this can be done, We have decided that it is necessary for all soldiers who are at present serving in the East to obey the orders of their illustrious commanders, so that when anything involving the common safety arises and must be attended to, the proper remedy may be applied by the military garrison stationed in the neighborhood; in other words, both civil and criminal cases which affect the soldiers aforesaid shall not be brought for hearing before the magistrate of highest authority in the East, but shall be determined by the tribunal of Your Highness, under whose jurisdiction they are, or by that of their own commanders. (1) While it has been the custom, up to this time, for the opinions of Your Highness to be referred to the above-mentioned magistracy, established in the East, they must now be submitted to the illustrious commanders whom the civil magistrates and their assistants are required to recognize as judges, and whose orders they must be careful to obey. Permission shall not be refused to such a magistrate, or to his successor, to render a decision in cases where Your Highness cannot interpose your authority according to the rule which We have promulgated, and which properly come under the jurisdiction of the general-in-chief. We also grant permission to the official who formerly had sole cognizance of these matters not only to have them investigated by his assistants, but to encourage the latter to aid one another, so that the examination of public and private causes, and even executions, shall not take place in their absence. We do not consider it necessary to appoint attendants for each of these commanders, for fear that such a large number of individuals may cause some injury to Our soldiers. (2) But in order that the public welfare, as well as that of our brave soldiers, may, in every respect be provided for, We think that the amount of sportulse should be reduced, and We order that the magistrates themselves shall not, either in criminal or civil cases, even if they are the result of public prosecutions, be permitted to exact more than one solidus from each individual, whether the soldiers are unwilling to pay, or voluntarily make the tender, so that if the entire corps or all the leaders are involved, only a double amount of fees shall be paid; for in instances of this kind We do not permit more than two of the principal defendants who have been mentioned at the institution of the proceedings to be sued, which is provided by the laws, when a syndic is nominated, as is customary. (3) This provision having been added, the soldiers, or their syndics, as well as all those who incur expense by coming into court, cannot be forced to pay more than one solidus, which should be employed to compensate the magistrates and their assistants; and the latter shall not be permitted to exact any more, either personally or through the pious men who comply with the Ducian judgment or cause it to be obeyed; so that so far as the expenses of litigation are concerned, the same rule may be observed with reference to those who desire to bring actions against soldiers. (4) It will depend upon the judgment and wisdom of the illustrious generals, according to the nature of the matter in dispute, or the amount which is demanded by their adversaries from the soldiers, whether the case shall be referred to the military commanders themselves, or to the judges invested with jurisdiction in the same district. (5) These commanders shall have supervision over the magistrates and their assistants, and shall see that the decurions, or collectors of taxes, do not cause soldiers who are under the orders of their commanders any expense, so that the said commanders can, in time of peace, review and call the troops together whenever they desire to do so. (6) If, however, it should become necessary for the soldiers to go elsewhere, they must, by all means, abstain from committing any wrong against the decurions, or the collectors of taxes; and if, in going and coming, only thirty days should be required, they can compel their expenses to be paid (without, however, subjecting the collectors or decurions to annoyance), but if they should be forced to remain longer in strange places, the expense incurred during the thirty days, as aforesaid, shall be paid after they have arrived at their destination. (7) But as We have ascertained that certain persons have been so rash and unjust as to bring some of the soldiers above mentioned not only before the tribunal of Your Highness, but also before that of the eminent magistrate who presides in the East,, for the purpose of accusing them at the same time before both tribunals, and obtaining different judgments against the same persons for the same causes, in order that, hereafter, such snares may not be laid for Our soldiers, and to prevent confusion from arising in complaints brought against them, no one shall be permitted to accuse any soldier, or soldiers, before the tribunal of Your Highness, and prosecute him, or them, either civilly or criminally, even though he may have obtained an order of the judges, or of the commanders, when the former have any matter before you which has not yet been decided. (8) On the other hand, it should be observed that, when any soldier, or soldiers, attached to the service of the Emperor, are accused by order of the distinguished commander-in-chief, and reprimanded, permission shall be refused the prosecutor to accuse, or bring the same soldier, or soldiers, before the tribunal of Your Highness, and he shall not be permitted to do so, even if he can prove that the said soldier, or soldiers, have committed a criminal offence, or are civilly liable; and the complaints having been separated, Your Highness must decide the criminal cases, and the military commander, the civil ones, or vice versa. (9) Where any such soldier has committed an offence audaciously, as well as in violation of justice, he shall be punished in pecuniary cases by the loss of the suit, and shall have judgment rendered against him for damages on account of the act for which he was responsible; and, in criminal cases, he shall suffer the penalty of the law for malicious prosecution. (10) We intend that
the laws previously enacted shall be applicable to the preservation
of public security and the protection of different places, and not
employed for the purpose of diminishing the power of the magistrate
invested with the administration of justice in the East, as there
is no doubt that the military commanders themselves, whom the soldiers
are obliged to obey, are subject to the supreme authority of this
official. Title
37. Concerning the castrense peculium of soldiers and the
subordinates of the Prefects. If your son was under
your control at the time when he purchased property in his own name,
there is no doubt that it belongs to you. Movable property, however,
which is given to a son by his father, or his mother, or any other
relatives or friends, on his departure to the army, is included in
his peculium castrense, to which also belongs any inherited
personal effects which he could not receive except as a soldier; and
even immovable property is placed in this category. The estate of
a mother, however, even when it passes while her son is in the army,
is not embraced in his peculium castrense. Land which is donated
is also not included, but that which has been purchased with money
taken from the castrense peculium constitutes part of the latter. 2. The Same Emperor
to Felix. The son of a family
cannot alienate any property without the consent of his father, unless
he has a castrense peculium. 3. The Same Emperor
to Felicianus. He who informed you
that the bond of paternal authority is abolished by the military oath,
is mistaken, for soldiers still remain under the control of their
fathers, but their peculium castrense is their own, and their
fathers have no right to it. 4. The Emperor Gordian. As you state
that you have been appointed heir by your brother, who is serving
with you in the same camp, it is reasonable that the estate should
rather be included in your castrense peculium than that it
should belong to your father, under whose control you are; for it
is certainly probable that association with your comrade-in-arms in
the toils and privations of foreign military service, and your participation
in the same rewards, has increased fraternal affection, and rendered
you dearer to one another. 5. The Emperors
Diocletian and Maximian. We understand that
the peculium of a son who died while in the army belongs to
his father, even though the latter may not have acquired his estate. 6. The Emperor Constantine. It is well known that
the Imperial Secretaries, the Recorders, and all others employed in
the offices of Your Highness, can claim the right of castrense
peculium, just as if they were enrolled in the First Legion of
Our Empire, and We decree that this right shall remain inviolate. Title
38. Concerning the distribution of military subsistence. A custom which has
recently been revived provides that during the time of an expedition
Our soldiers usually have not only biscuit and bread, wine and vinegar,
but also pork and mutton, issued to them; so that they receive biscuit
every other day, bread every third day, wine on one day and vinegar
on another, pork every day, and mutton every two days. 2. The Emperors
Valentinian and Valens. We order that soldiers
shall not bring straw for themselves beyond the twentieth milestone. 3. The Same Emperors
to Victor, General of the Army. Neither soldiers nor
their commanders shall, under any circumstances, dare to take anything
from the inhabitants of the provinces by way of subsistence; for all
soldiers are notified that the advantages which they derive by having
rations issued to them should cause no loss to residents of the provinces. 4. The Same Emperors. We order by a salutary
provision that, on all frontiers, the purveyors appointed by the inhabitants
of the adjacent provinces shall transport provisions to cantonments
from places in the neighborhood, so that the soldiers stationed in
the veteran camps may thus obtain two-thirds of their supplies, and
not be compelled to transport more than the third part of the same. 5. The Emperors
Valentinian, Valens, and Gratian to Probus, Praetorian Prefect. Commissaries must,
before the expiration of thirty days, punctually render their true
accounts, and they shall be compelled to make restitution from their
own property for any supplies which they may have misappropriated,
or failed to deliver to their corps, and for which they are responsible,
either to the soldiers themselves, or to the warehouses belonging
to the government. 6. The Same Emperors
to Modestus, Praetorian Prefect. Our brave and devoted
soldiers shall receive their rations from the public stores and their
pay, every day, or at the proper time, that is to say, before the
expiration of a year; and if they wish to defer the receipt of what
they are entitled to, and do not apply for it within the term designated
by law, it shall be claimed by the Treasury for Our benefit. 7. The Emperors
Theodosius, Arcadius, and Honorius. No soldier shall be
permitted to demand the price of supplies sent into the provinces
during a time of scarcity, which he rejected in time of plenty, so
that where anyone neglects to claim them on account of the abundance
of the crops, during the year, and afterwards, what was rejected should
be valued at a high price because of the dearth, he cannot, without
violating this law, either demand, or obtain what he once declined
to accept. 8. The Emperors
Arcadius and Honorius to Hilarius, Praetorian Prefect. It is proper that We
should go to the relief of the inhabitants of the provinces, and therefore,
Your Highness will communicate to the tribunes of all reserves, divisions,
or corps, and to the illustrious commanders of the same, that they
must remember to furnish hay to the soldiers in proper quantities,
in accordance with the law of the Divine Valentinian, without their
being required to convey it into the towns. 9. The Same Emperors. Your Excellency will
see that contractors enter upon the registers the nature and amount
of the supplies distributed, so that it may clearly appear upon what
day they were furnished to each company. And if it should be ascertained
that the commissaries, or their subordinates, have received more than
was recorded in the office of Our Secretary,
they shall be compelled to restore twofold the amount, which shall
be given to the contractors as soon as they themselves demand it,
for numerous applications have been made to the generals of both branches
of the military service, asking that We decree, by a law, that, before
the beginning of the indiction, schedules shall be faithfully and
truly drawn up, and filed in the office of Our Secretaries, in accordance
with which distribution may be made by the contractors. 10. The Same Emperors
to Eutychianus, Praetorian Prefect. We order that, in all
the provinces, from the month of November, new wine shall be distributed
to the soldiers, as old wine is considered to be too expensive. 11. The Same Emperors. Commissaries, that
is to say officials employed in the distribution of rations to the
soldiers, shall not engage in trade of any kind with the people of
the provinces, so that everything which is due can be demanded by
the military commanders, or the officials appointed by the provinces,
and be paid within the term of a year. 12. The Same Emperors
and Theodosius to Anthemius, Praetorian Prefect. For the seven days
during which the praetorian tribunes are authorized to obtain provisions
at a low price, for their own benefit, they cannot purchase any other
kind of property for less than it is sold in the market. 13. The Emperors
Honorius and Theodosius to Anthemius, Praetorian Prefect. We decree, by this
second law, that when any soldier attempts again to claim supplies
which have already been furnished, or dares to change the rates which
have been established, if he is a general, he shall be fined a hundred
pounds of gold, and his subordinate officers shall be condemned to
pay an equal sum, in addition to the penalty for sacrilege which is
imposed upon all those who openly violate the Imperial Decrees. 14. The Same Emperors
to the General Constantine. It is necessary for
paymasters to give, without delay, to those officials whom, on account
of their services, We have assigned to the command of regiments, as
many solidi from the Treasury of Subsistence as there are commissaries,
and they shall render an account of their administration of the provender
issued for horses, when this is required by the soldiers, so that
if any of them should die before receiving what he was entitled to
for any reason whatsoever, payment may be made to his heirs. 15. The Same Emperors
to Asclepiodotus, Praetorian Prefect. We order that all supplies
that are ordinarily issued to the officers and attendants of the Imperial
palace, as well as to the staff of the offices
of the secretaries and all other bureaus, and which those who are
commissioned to collect them, actuated by cupidity and license, are
accustomed to exact with severity from the inhabitants of the provinces,
shall be estimated in the same way as the supplies issued to the soldiers
from the Department of Subsistence; and that Your Highness cause the
distribution of the same to be made to all the persons above designated,
conformably to the amount demanded by the public welfare. 16. The Emperor
Anastasius to Longinus, General of Cavalry and Infantry. We decree, by this Imperial Constitution, that those to whom, by order of the office of Your Highness, the distribution of rewards, or the bestowal of any other benefits upon soldiers is entrusted, shall, in the first place, swear to discharge the duties imposed upon them in accordance with justice, and that, in compliance with the provisions of this Our most salutary law (as has been previously stated), the paymaster must disburse with his own hands, and without any deceit or fraud on his part, the pay to which each soldier is entitled; so that he can, consistently with the principles of equity, transact with a commissary such business as is usually despatched under such circumstances. After having done this, the commissary shall be permitted, either immediately or after the lapse of one or two years—where the sum due to the soldier has been paid—to collect not more than the third part of a solidus for everyone disbursed, as no commissary will be allowed to contract to receive more than a third of a solidus for any period or term of years, nor shall he be permitted to exceed this amount, no matter how long a time may have elapsed. (1) When, however, any controversy arises between a commissary and a soldier with reference to the agreement or transaction entered into at the time of payment, We order that the sums of money which are due to the soldier from the Imperial paymaster shall, according to the custom observed up to this time, remain either in the hands of the latter or in those of the commissary until the case has been heard, and the dispute between the commissary and the soldier settled by a written decision, so that the soldier cannot, in any way or under any circumstances, suffer loss, except where it is proved that he is indebted under a just and legal contract made with the commissary. (2) We desire that the following rule shall be observed with reference to those who are away under leave of absence, namely: that the money which, according to the provisions of the Imperial constitutions, is payable to soldiers to the number of thirty—this number only being entitled to furlough at once—shall be deposited with their commanders, provided they are included among those who, at the time of payment, were registered by the commissary as having obtained leave of absence, and are not more than thirty in number, as aforesaid; so that when the said soldiers return, they may be entitled to indemnity, after having stated the reason for their absence to their commander. Permission should not be granted to the tribune to send away more than thirty soldiers at one time under the pretext of a furlough. (3) If, by the violation of Our most salutary Constitution, a tribune should venture to dismiss more than thirty soldiers on furlough, the money payable to those over and above the said number of thirty should undoubtedly be entered by the paymasters upon the public registers. (4) The tribune, moreover, is hereby notified that, in addition to the penalties already prescribed for an offence of this kind, he will be compelled to pay out of his own property to each of the soldiers exceeding the number of thirty, not only what they are entitled to from the government, but also any sums which they may have lost on account of their unjust mission, and the said tribune cannot relinquish his command until he has indemnified the said soldiers, and repaired all the injury which he inflicted upon them, that is to say, upon those above the number of thirty to whom he granted leave of absence. (5) It should be added, with reference to the evidence to be submitted, that ten of the principal commanders, as well as the other officers, having been sworn, must each state that payment was made in his presence and under his own eyes, and that every soldier received from the right hand of the paymaster the sum to which he was entitled. These facts, having been established and reduced to writing, shall be sent to Us by the tribune, or by the commanders, within three months from the time when this took place. (6) Care should especially be taken that the paymaster should have no doubt, at the time, that, after the money had been paid to him out of the public Treasury, he must perform his duties within the space of from two to four months, in accordance with the rule which has been established; and when, by delaying payment, he dares to retain the public money in his possession for a longer period, he is notified that he will be liable, under all circumstances, to indemnify the soldiers out of his own property for any loss which the latter may have sustained through this transaction. All those who violate the above-mentioned law, either by deferring payment for a longer time than was prescribed, or in any other respect, are warned that they will not only lose their rank, but also will be liable to the confiscation of their pay; and if they are subjected by Your Highness to a fine exceeding the amount of their pay for the violation of the Imperial Constitution, the surplus shall be distributed among the other soldiers. (7) When, however, the same official, at the same time, commits an offence, the guilty party should be sent before Us, or at all events before the supreme magistrate, as an offence of this kind cannot come within the jurisdiction of him who takes the place of the latter. Where the crime of one who has dared to violate the provisions of Our most salutary Constitution, or any of the Imperial ordinances, has been detected and perfectly established, the guilty party can, under no circumstances, escape the penalties provided; so that all soldiers who have been injured by the violation of the terms of the above-mentioned constitutions shall be permitted to appear before Us by one or two of their number, commissioned to represent them all; and, after having filed their complaints, and proved what they have suffered as the result of the violation of Our Constitution, he who has been guilty of doing so shall suffer the punishment prescribed in such cases. (8) Moreover, We decree
that, under all circumstances, the paymaster shall have no hesitation
in paying the wives or children of deceased soldiers the sums to which,
in accordance with an Imperial Constitution already promulgated, they
are entitled from the date of the death of the former. 17. The Emperor
Justinian. As it often happens
that, for good and imperative reasons, soldiers are detailed as guards,
or for some other duty of this description, and it is not proper for
the public to be subjected to any loss or expense, We decree that
where any soldiers, no matter to what corps they may belong, have
been, or may hereafter be appointed by Us as guards for some decurionate,
or church, or for certain persons (as previously stated), or for any
other purpose, and in order that no injury may be sustained by the
public being compelled to furnish them subsistence, or pay, We order
that the expenses incurred by them shall, by all means, be paid out
of the property of the person or persons whom they have been, or may
hereafter be appointed to protect, and that the Public Treasury shall
only be liable for subsistence or pay in the places from which the
soldiers aforesaid have already or may hereafter come; or, if the
persons above mentioned should refuse to provide for them, the said
soldiers shall not leave the places where they are stationed, or if
they have done so, they must return without delay. The following rule shall be implicitly observed,
namely, that no soldier shall be detailed to protect anyone whomsoever,
without the special written order of the Emperor, and it shall be
the duty of Your Highness, whenever an order of this kind is issued
by Us with reference to the appointment of any soldiers as guards,
to have the fact registered, as well as what should be given to them
by the persons whom they are appointed to guard, and also to cause
this to be published; and if the public should be subjected to any
expense on this account, you will be obliged to pay the amount out
of your own property, as well as a fine of thirty pounds of gold,
as a penalty for your negligence, or even for your connivance. The
Governors of provinces and their subordinate officers will be liable
to the same punishment if they either violate Our ordinances, or permit
them to be violated. 18 and 19. These
Laws are not Authentic. Title
39. Concerning the cooking and the transport of provisions for the
army. Commissaries who have
charge of provisions in the different provinces shall not compel persons
with families to bake bread for the army,
contrary to established custom. Therefore Your Excellency must visit
with proper punishment any usurpation of power of this kind, and when
such officials are sent into the provinces the ancient custom must
be observed. 2. The Same Emperor. No one shall be exempt
from the requirement of baking biscuit for our brave soldiers, or
from the transport of supplies, and even Our household shall not be
excused from duties of this kind. If anyone should fail to obey what
is ordered, which We do not think will be the case, he shall be punished
with the greatest severity in the person of his agent, so that if
it should be proved that the principal was aware of his refusal—after
he is known to have been in default—he shall be compelled to pay fourfold
the amount allotted to him as his share of the general contribution. Title
40. Concerning the clothing of soldiers. We order that all distributions
of clothing shall be made by the Treasury of Our Largesses between
the Kalends of September and the Kalends of April, and
if this is not done, the Governor of the province, or he who represents
him, shall suffer the penalty which your sense of justice may prescribe. 2. The Emperors
Valentinian, Arcadius, and Honorius. The Provinces of Thrace
must furnish clothing for twenty soldiers, Scythia and Mysia shall
furnish clothing for thirty, every year; Egypt, and a part of the
East, shall each provide clothing for three hundred, and Asia and
Pontus shall furnish the same quantity annually; but, throughout the
provinces of the East, money can be paid instead of providing clothing.
Among these, however, the provinces of Osroena and Isauria are excepted;
for it is settled that they shall, by no means, be required to pay
money instead of furnishing clothing. 3. The Emperors
Arcadius and Honorius. We decree that for
each military cloak, not two-thirds of an as, but a solidus,
shall be paid to our brave soldiers of Illyria. 4. The Emperors
Honorius and Theodosius. Sums representing the
estimated value of military clothing shall be collected from contractors
to be paid into Our Treasury of Largesses, so that five-sixths of
the same may be paid in silver to the soldiers, and the remaining
sixth paid by Our employees, without any inconvenience to themselves
or to the public. When it is proved that they especially desire it,
the contributions shall be made in kind to those of inferior rank. Title
41. Concerning furriers and quartermasters. If any of Our quartermasters
should remove the marks from houses destined for lodgings, or the
names of those who are to be entertained there, he shall be liable
to prosecution for forgery under the terms of this Constitution. 2. The Emperors
Arcadius and Honorius. For the purpose of
preventing any injustice being committed by quartermasters or hosts
in whatever city We ourselves may be, or in whatever place Our soldiers
may be encamped, We desire that the owner shall undisturbed and secure
retain two-thirds of his house, and that the other third shall be
devoted to the reception of guests, so that, the building having been
divided into three parts, the owner may have the privilege of choosing
the first, and the guest select the one which he wishes, but the remaining
one shall be relinquished to the owner; for it is entirely consonant
with equity and justice that he who has become the owner of property
by inheritance, purchase, or construction, shall have the right to
select and hold that part of his building which he prefers, as well
as the one not selected. Warehouses intended for the storage of merchandise
shall not be included in the division above mentioned, but shall remain
untouched and free, and shall be protected from any injury by guests,
and shall be set apart for the sole use of the owners, or lessees.
If, however, there should be
no stable in the third part of the house assigned to the military
(as is usually the case), a portion of the outbuildings shall be set
apart for that purpose, according to the number of animals which require
shelter, or the size of the house, unless the owner should make some
other arrangement. To
promote hospitality, We decree that half of a house, instead of a
third, shall be reserved for the use of persons of illustrious rank;
under the condition, however, that one of the parties (if he is free
and desires to do so) shall make a division of the building in accordance
with justice, and the other have the right to take his choice, and
We order that this shall remain unchanged; and those enjoying the
rank of illustrious are hereby notified that if they take more than
We have established by a general rule, and rashly violate the latter,
they shall be compelled to pay a fine of thirty pounds of gold to
Our Treasury, and the others be deprived of their positions. 3. The Same Emperors. We desire all judges
to know that whenever they are present, Praetors must not render ordinary
decisions. 4. The Same Emperors. We order that the obligation
to receive soldiers as guests shall not be imposed upon artisans,
no matter where their houses may be, and that
the same exemption shall also be granted at Antioch, and other cities
where factories are situated, of course in the absence of the Imperial
retinue. 5. The Emperors
Honorius and Theodosius. We free all members
of the Imperial household from any anxiety with reference to the lodging
of soldiers. Therefore, in the first place, no quartermaster shall
encroach upon any public property or private residence, no matter
what right he may claim, or by whom he has been appointed. For We
give permission to any owner, or agent, and even to the people, to
drive away anyone who may attempt to take possession of the premises
of another for the purpose of making such preparations, and he need
apprehend no criminal accusation; but he is notified that the right
of private vengeance is granted him, and that he can legally restrain
the first one who comes, as he could a person guilty of sacrilege.
We also decree that any Governor and his subordinate officials, by whose
direction a field has been set apart for someone forbidden to enter
it, shall be temporarily suspended from office. We
grant hospitality only under the following condition, namely: that
nothing be demanded from the host which is necessary for the sustenance
of either man or beast, that the journey of all be accelerated and
continuous, and that no one shall be permitted to long remain, lest
a protracted stay may cause some injury to the property. Any superintendent,
collector, or subordinate officer, while serving in the army, or on
a journey, shall be punished with a fine of ten pounds of gold if
he demands anything from those in whose house he has obtained lodging.
We wish in this way to abolish the custom of certain wicked persons,
so that if they should be proved to have voluntarily obtained anything,
contrary to Our order, they shall not remain unpunished. 6. The Emperors
Theodosius and Valentinian. It is also provided
that no improper demands shall be required under the pretext of hospitality,
nor can anyone even ask a bath from the owner of the house. 7. The Same Emperor. Soldiers returning
from the army, or leaving for the seat of war, shall be lodged at
the base of towers on the walls of the Imperial City. 8. The Same Emperors. We order that the Chief
Physicians of Our palace, as well as professors of letters in the
City of Rome, and those employed in the necessary, or liberal arts,
together with teachers of painting (provided they are freeborn) shall
be exempt from furnishing lodgings as long as they live. 9. The Same Emperors. All those who are required
to furnish lodgings in their houses, whether they do so on the requisition
of quartermasters, or whether they
have been promised indemnity under some agreement, cannot be compelled
to suffer the annoyance of charges or contributions on account of
their houses. Hence We do not wish that anyone of this Flourishing
City, or anywhere else, no matter what his rank or position, after
having had his own house exempted by a military privilege from the
obligation of lodging soldiers, can himself demand to be lodged in
the house of others. This rule must also be observed in the provinces;
and We refuse this right of having their houses exempt to all those
upon whom an illustrious dignity has been conferred, either while
they still hold it, or after it has been relinquished by them.
We order that these regulations
shall, likewise, be observed with reference to those whose administration
of office has rendered them distinguished, even where they have obtained
from Us the title of illustrious. All persons are hereby notified
that, when anyone who has had an honor conferred upon him, and has
secured the privilege of having his house exempt from lodging soldiers,
so far as a third part of it is concerned, demands at the same time
lodging for himself in the houses of others, on the ground that he
has a right to the exemption because of the honor which was conferred
upon him, he shall be deprived of the legal privileges which he has
attempted to abuse. When, however, he is included among those upon
whom no dignity has been bestowed, he shall be fined a hundred
pounds of gold for the benefit of the Treasury of the Imperial Largesses. 10. The Emperors
Valentinian and Martian. We order, by this law,
that if anyone should have obtained both consular and patrician rank,
he shall enjoy the right to have three of his houses exempt, and to
hold them secure from the obligation of lodging guests; and his heirs,
his sons, his father and his mother, his grandchildren as well as
his brother, his sister and his wife, shall enjoy the privilege of
having two of their houses exempt. One who has only obtained the honors
of the consulship shall have two-thirds of his houses exempt, and,
after his death, his heirs shall have the right to have one-third
of their houses free from the obligation of lodging soldiers. One
who has been decorated with the dignity of patrician, but not with
that of the consulship, shall be entitled to the same privilege as
the heirs above mentioned. Prefects, as well as generals of the army,
as long as they live, shall have two houses exempt from furnishing
lodgings. Heirs of the above-mentioned persons, however, can only
protect one of their houses by a similar exemption. Masters of the
Offices, or Quaestors, shall have only one-third of their houses free
from the obligation of lodging soldiers during their lives, and their
heirs shall only have a single house exempt. The Counts of Domestics,
of the Protectors of the Imperial Largesses and of Private Affairs,
as well as the eminent Primicerius, and Chief of Notaries,
shall each have all their houses free from the burden of furnishing
lodgings during their lifetime; but their heirs are notified that
they can only enjoy this privilege for half of one of their houses,
and the third part of the remaining half shall be assigned for the
use of guests. Where
illustrious persons have demanded any honorary exemptions whatsoever,
without having obtained the consent of the Emperor, they shall, after
the promulgation of this decree, give up all their houses to guests
instead of the third prescribed by law, with the exception of buildings
set apart for the storage of supplies, which are situated in streets
or narrow lanes. We order
that this rule shall be observed with reference to all houses which
are subject to the obligation of lodging, so that no one can allege
any ground for exemption on account of an Imperial rescript, annotation,
or pragmatic sanction; and the provisions which We have established
by this law shall be observed by all persons in this Eternal City. 11. The Emperor
Zeno. We order that the ten
tribunes, in their order of rank, after the primicerius, shall
be exempt from the obligation of furnishing lodging in the houses
which they own in this Imperial City. 12. This Law is
not Authentic. Title
42. Concerning supplies which should not be furnished to guests. No one in the name
of counts, tribunes, officers, or soldiers shall, under the pretext
of supplies, extort from their hosts mattresses, wood, or oil, nor
shall he take anything of this kind, even with the consent of his
hosts, but the inhabitants of our provinces shall be safe from impositions
of this kind, and all counts, tribunes, officers, and soldiers who
exact them will be liable to severe punishment. Title
43. Concerning
furloughs. No commander, chief
of cohorts, their lieutenants or friends, shall be permitted, at any
time during an expedition, to grant soldiers leave of absence from
the camp and their standards, even in places where they are stationed,
no matter what their rank may be. If
anyone should be so bold as to violate this law, and, contrary to
its provisions, should grant a furlough to a soldier at a time when
an attack of the barbarians is expected, and when the soldiers ought
to be in camp, under their standards, he shall be punished with death. 2. The Emperors Gratian, Valentinian, and Theodosius. Persons employed in
the offices of the Imperial Secretaries, of those of the Agents for
the Transaction of Business, or of those of the Palatines, and any
official charged with the distribution of Imperial and private rewards,
who has been absent for the space of six months after the expiration
of his furlough or order to depart, shall be degraded to a place after
the five which immediately follow him. Moreover,
anyone who, unmindful of the commands which he has received, voluntarily
remains absent for a year after the expiration of his furlough, shall
be degraded to the eleventh rank among those serving below him; and
finally, if anyone should neglect his duties in this respect for the
term of four years, he shall be placed after the fortieth of those
who succeed him. Those who do not appear after the end of the fourth
year shall, with good reason, be stricken from the rolls of the army. 3. The Emperors
Honorius and Valentinian. If any soldier, without
having obtained leave of absence, should pass a year at home, or anywhere
else in idleness, he shall be reduced ten grades; if he should be
convicted of having been absent for two years, he shall be reduced
twenty; if he should be absent for three years, he shall be reduced
thirty; and one who, having been absent for four years, has been stricken
from the rolls of the army, shall not be pardoned. Title
44. Concerning new recruits. No raw recruit, veteran,
or any employee of the Census shall be admitted into the army. 2. The Emperors
Gratian, Valentinian, and Theodosius. Any slave who enlists
as a recruit, after having been convicted, shall be compelled to pay
a pound of gold to Our Treasury, and shall then be restored to his
master, if the latter was not aware of what he had done. 3. The Emperor Anastasius. New recruits should
always be placed in the rear ranks of the army, and We do not permit
any of them to obtain a higher place, unless their assiduity in the
discharge of their duties and the requirements of the service render
this advisable. Title
45. Concerning the protection of the shores of the sea, and highways. We decree, by this
most salutary law, that prohibited merchandise shall not be transported
to barbarous nations; and that any vessels which depart from any port
or shore shall not be molested, or sustain any damage; provided, however, that their masters
state for what province they are bound; so that this having been proved,
they cannot afterwards be subjected to any indignity or annoyance. Title
46. Concerning deserters and those who harbor them. If any person should
receive a deserter on his land or under his roof, and permit him to
remain concealed for a considerable time on his premises, the steward
or agent of the place, who knowingly and intentionally committed such
an offence, shall be subjected to capital punishment, and the owner
of the property where the deserter remained concealed shall be punished
with the loss of the same, if he was aware of the facts. Again, when
any freeborn person betrays a deserter, he shall obtain the ownership
of the property by way of reward. We do not merely speak of those
who, serving under fortunate standards, respect the rules of discipline,
but also of those who, while receiving their pay, are shown to have
revealed the hiding place of deserters. He shall be considered a deserter
who absents himself from his standards in time of war. A
soldier who voluntarily returns shall not be liable to punishment
for his offence, but anyone who conceals himself through criminal
idleness should be denounced by him in whose house he has taken refuge,
or by the public officials; and, wherever he may be found, shall be
given up to the vengeance of the authorities to suffer death by the
sword. When the Governor of a province, either through favor or dissimulation,
defers inflicting the penalty, he shall be subjected to the loss of
his property and reputation, and officials of superior rank who are
guilty of this offence shall be put to death. 2. The Emperor Leo. If deserters, after
having been found, attempt to resist and defend themselves by arms,
they shall be punished as rebels on account of their rashness; and
Governors of provinces must use great caution lest such persons may
attempt to protect themselves from the crime of desertion by the use
of forged documents, and prevent them from escaping by the aid of
false or counterfeit letters. 3. The Same Emperor. Those soldiers who,
after having left their camps, commit depredations or robbery, shall
not escape the severity of the magistrate. Title
47. Concerning
veterans. When the Emperor was
saluted by the prefects, tribunes, and distinguished officers, he
was acclaimed as follows: "Emperor Constantine, God preserve
you for us, for your safety is ours; we speak the truth, and we confirm
it by our oaths." The assembled veterans cried out: "Emperor
Constantine, what will become of us, if we have no privileges?"
The Emperor replied: "I should increase the happiness of My veterans
more and more, rather than diminish it." The veteran Victorinus
said: "We are not allowed to be ordered to all places for the
discharge of duty and the performance of military service."
The Emperor Constantine responded: "State
more clearly what are the principal disabilities under which you labor."
All the veterans answered: "You yourself are aware of them."
The Emperor Constantine replied: "From this moment, through My
liberality, I perceive that it is necessary for the privilege to be
granted you that no veteran shall be obliged to perform any civil
duty, or public service, pay any tax imposed by magistrates, contribute
anything to the markets, or be subject to any imposition on account
of sales. The framers of the revenue, also, shall not interfere with
veterans who, after their long service, shall forever enjoy tranquillity.
"By the same letter, We
also forbid the Treasury to molest veterans in any way, but they shall
be permitted to buy and sell, earn money by engaging in any profitable
business, trade in merchandise, and shall not only enjoy these privileges
in quiet and peace during Our reign, but We do not permit them to
be liable to municipal duties, that is, to any corporeal or personal
service, or to any charge for transportation." 2. The Same Emperor. Provision should be
made that veterans who have been raised to the dignity of protectors,
or who have attained various honors on account of their merit, shall
not be subjected to scurrilous abuse of any kind. If anyone should
be convicted of this offence, the Governors of the provinces having
jurisdiction, after having ascertained the facts, must punish the
guilty party in accordance with his rank. 3. The Same Emperor. Veterans who, through
negligence, do not cultivate their lands, or lead honest lives, but
commit robberies, shall be deprived of all of the privileges of their
order, and shall suffer the penalties imposed by the Governors of
the provinces. 4. The Emperors
Theodosius. No one who has ceased
to belong to the army can be obliged again to enter the service, either
with his consent or without it. The decisions of magistrates which
have been rendered in violation of this provision shall have no validity,
except when it is found that the investigation began at a time when
the accused party was still in the army, for then We order that the
case shall be heard and decided by the military judges, as the accused
person was still in the service, unless the parties can defend themselves
under a privilege specially granted by the Emperor. Title
48. Concerning the sons of military officers who die during war. The sons of military
officers, whether their fathers are still in the service or have been
discharged, are called to the same division to which their fathers
belonged. 2. The Emperors
Arcadius and Honorius. The sons of centurions
of first companies of the triarii must follow the condition
of their fathers. 3. This Law is not
Authentic. Title
49. Concerning the offering of good wishes. When the Happy New
Year is begun by a common exchange of good wishes, We freely receive
what is offered to the officers in pounds of gold and solidi of
full weight; ordering that, hereafter, in subsequent years, everyone
shall bring and bestow gifts of this description upon his commander. Title
50. Concerning accountants, recorders, clerks, assistants, secretaries
and collectors of the capital, and other judicial officers, military
as well as civil. The insatiable and
fraudulent conduct of accountants, who perform different services
for the Governors, must be restrained, as we formerly ordered, and
now again order, by subjecting them to torture, placing them upon
the rack, and lacerating their flesh. 2. The Emperors
Gratian and Theodosius. Those who were formerly
called the accountants of Consuls and Governors shall, hereafter,
by this Our law, be designated registrars, and are notified that they
will be liable to torture if they do not frequently render reports
of their administration in writing either to the judges, or to those
who, under Our authority, visit the provinces, or to the collectors
of debts and other claims. They
are also notified that they will be liable to payment along with debtors,
unless all obligations are discharged upon their demand; still, I
order that the term of two years shall be granted registrars to comply
with this law. 3. The Same Emperors. We direct the accountants
attached to your office to wear the belt, and have the rank of soldiers. 4. The Emperors
Valentinian, Theodosius, and Arcadius. In every province two
accountants, styled registrars, shall be appointed, one of whom shall
have charge of the accounts of the Treasury, and the other control
of that of the Largesses; and both of them are hereby warned that
if anything should be unlawfully removed, or misappropriated during
the administration of either, he who has concealed his guilt from
the judge shall be subjected to the severest punishment. 5. The Same Emperors. We forbid officials
belonging to the retinues of provincial judges, who are not attached
to the cohortal service, and receive no pay from the Treasury, to
have any apprehensions of being molested in the discharge of their
duties, even when they are decurions; provided they perform the municipal
functions of their respective cities; and, after having retired from
office, they should not forget to return to their own curiae. 6. The Emperors
Arcadius and Honorius. In order that the recorders
of military organizations may not be assisted by their colleagues
to the detriment of all concerned, Your Illustrious Highness will
order all soldiers of the division to avoid associating or entertaining
any relations with them. If, after having been warned, they fail to
obey orders, there is no doubt that they can be subjected to the same
penalties as the recorders themselves. 7. The Emperor Leo. Your Highness will
see that the Recorders of the City of Constantinople, as well as of
Thymela, and of the different curias of other cities, are not
appointed except with the approval of the Emperor, as has been customary.
If anyone within your jurisdiction should be convicted of having done
what is forbidden by this law, he shall be suitably punished. 8. The Same Emperor. We order that the secretaries
and accountants attached to the office of Your Highness shall, hereafter,
under no circumstances, borrow money, or be compelled to render themselves
liable to anyone for public expenses, as We do not wish them to be
subjected to any annoyance after having retired from military service. 9. The Emperors
Leo Junior and Zeno. We order that, hereafter,
no one without regard to his military rank shall perform the duties
of bookkeeper, or, after having retired from that employment, shall
aspire to service in the army; for, where anyone transacting business for individuals is
deprived of all military privileges, it will be of no use for him
to attempt to carry on any trade or commit any fraud with reference
to the accounts for the correctness of which he is responsible. 10. The Emperor
Zeno. No secretary shall be permitted to accept the services of accountants more than four times, nor to continue them in this employment. We decree that this rule shall be observed with reference to notaries, when for a time they aid accountants, so that the continuance of their service, as assistants, shall be interrupted by an interval of two years, and for notaries by an interval of one. Permission is not given to assistants to descend to the rank of notaries, except when they have once been dismissed, so that, in the countries of the East, the services of temporary assistants shall be granted to accountants, provided they are selected out of thirty whose names have been suggested by the accountant himself. In the provinces of Asia, also, they shall be appointed by the accountant from fifty whose names have been mentioned by the latter; and in the provinces of Pontus and Thrace, the power of selecting assistants from all the people shall be indiscriminately granted to accountants at their pleasure. (1) It is necessary for all notices, orders, claims and, generally speaking, any public documents whatever, not only to be examined and signed by the assistants, but also that mention shall be made of the others with whom the contract was entered into, as well as of the notary who examined and signed the document. (2) If any instrument
should be issued from any bureau in the East, in Asia or in Thrace,
without the observance of this provision, the officer responsible
shall be prosecuted for forgery, with the exception of such public
documents as may proceed from the offices of the Secretary of the
Provinces of Pontus, for the reason that Your Highness has established
the rule that the assistant and notary shall alone sign such papers;
so that, if this law should be violated in any respect, the accountants
shall be punished by the loss of rank and pay for the term of a year;
but the assistants shall be fined fifty pounds of gold, and the notaries
fifteen pounds of gold by way of penalty. 11. The Same Emperors. In pursuance of petitions
presented to the office of Your Highness, praying that the time within
which the documents of accountants shall be valid, be fixed, not for
the term of two years, but for that of one year, We, approving these
petitions, revoke the provision promulgated with reference to the
term of two years, and substitute therefor the term of only one year. 12. The Emperor
Anastasius. We order, by this Imperial
pragmatic sanction, that what formerly was prescribed with reference
to praetorian tribunes, which dignity was conferred upon those who
had retired from military service in the office of Your Highness, shall be re-established,
and that this honor shall be conferred upon them, in addition to any
which they at present enjoy, so that the decree releasing them from
military duty shall also contain the mention of the honor aforesaid.
This shall also suffice to enable
them to obtain that dignity and the privileges attached to the same,
without any special order issued with the sanction of the Emperor;
provided, however, that by a decision of the said authority, they
obtain the distinction of Count of the First Rank, that is to say
Cornicularius, Notary, First Secretary, Chief-Accountant of
the Bureaus of Macedonia and Decia, Inspector of Public Works, and
State Treasurer. This
rule shall also apply to those who, after the promulgation of the
New Constitution of the Emperor Zeno of Divine Memory, have relinquished
their military rank; which constitution refers to the same penalties
and the same persons. Title
51. Concerning the public post, post-horses, and vehicles. We decree that the
horses set apart for the service of the public post shall be urged
on, not with clubs or sticks, but only with whips; and those who violate
this law shall be punished. 2. The Same Emperor. Permission is refused
to Governors, Receivers of the Public Treasury, and other persons
in the service of the State who distribute grain and provender for
cattle, to make use of post-horses. Nor shall anyone have the right
to travel on any other road than the public highway, with the exception
of Your Highness, who is entitled to use the public vehicles and to
travel wherever reason or necessity demands. 3. The Emperors
Arcadius and Honorius. Permits for travel
can be demanded by everyone, and judges, as well as guards of the
public posts, shall permit no one to pass without first having examined
his permit. When anyone refuses to produce it, or is convicted of
travelling without one, or attempts to use the public posts beyond
the time specified by his permit, We order that he shall be arrested
wherever found, and if he is in the enjoyment of any dignity, his
case shall be referred to you, and to the illustrious Count and Master
of the Offices. Moreover, a penalty which you think to be proper must
be inflicted upon others, dependent upon the place where they have
been arrested, and their rank in the army. 4. The Emperors
Honorius and Theodosius. He shall be presumed
to have a mounted comrade, who, while only one or two horses are mentioned
in his permit, takes a third. This, however,
does not make any difference, and it should not be considered a crime
for anyone in the transaction of his business to take a journey, or
to commit his affairs to a courier, provided he does not violate the
terms of his permit. 5. The Emperor Theodosius. When anyone, no matter
what his dignity or military rank may be, while travelling in a public
vehicle, turns aside from the direct route, a suitable penalty shall
be inflicted upon him. 6. The Same Emperors. We have granted members
of the Senate the right to make use of public conveyances when they
travel, where it is necessary for them to come to Us; provided, however,
that they do this either when they are summoned by Us, or when they
depart from Our court. Therefore, if anyone should hereafter rashly
presume to make use of a public conveyance contrary to what has been
provided, he will incur Our displeasure. 7. The Same Emperor. The fourth part of
the post-horses shall be replaced in every province, but it is unreasonable
for the stables to be built at public expense. Hence We have decided
that this shall be done at the charge of the provinces in which the
stables are situated, as they are very advantageous not only to the
public but also to the people of the provinces, to whom we give the
manure of the animals by way of compensation. 8. The Emperor Valentinian. In order that moderation
may be observed in travelling, two post-horses shall be dispatched
each way every day, and the penalty of five pounds of gold shall be
imposed upon those who fail to observe this regulation. 9. The Emperor Leo. We deny to judges the
power to grant permission to travel in public conveyances, as this
privilege is solely reserved for Us, yourself, and the illustrious
Master of the Offices; for it is not granted either to the Prefect
of the City, to the generals or commanders of armies, to vicegerents,
or to anyone else, except the two officials above mentioned, to whom
this privilege has been conceded by Us. Judges have the right to allow
this privilege only to persons whom they know to be engaged in the
exercise of public functions, and they are notified that if they violate
Our law that they will be fined twenty-five pounds of gold, and their
subordinates will be fined fifty. 10. The Same Emperor. Under the severe penalties
above imposed, We forbid persons engaged in buying and selling to
make contracts for transportation, and to treat animals belonging
to the public as merchandise. 11. The Same Emperor. No private individual
shall make use of the privilege of having horses furnished, even though
he may have the right to ask it. 12. The Emperors
Valentinian, Theodosius, and Arcadius. As, for the same reason,
the care of post-horses should become the subject of discussion, We
decree that the saddle, with the bridle, shall be valued at six pounds
of gold, and that a horse shall not be valued at more than the same
sum, with the understanding that, if anyone should exceed the amount
established by the Emperor, the saddle shall be confiscated to the
Treasury, with the exception of the gold ornaments which are required
to be kept by the groom in bags provided for that purpose. 13. The Same Emperors. We do not permit grooms
to be annoyed by the shameful depredations of those who use post-horses;
and, therefore, if anyone should remove or cut off any of the harness
of the horses, the wretch shall be punished by the judges and inspectors
of highways. All persons are hereby notified that if Our order is
not obeyed, the guilty party will be compelled not only to make good
all losses sustained, but will also be branded with infamy, and fined. 14. The Same Emperors. The charge of the public
post shall, in accordance with the custom of the neighborhood, be
committed either to the decurions, the cohortals, or to those who
are willing to receive it from the Eminent Prefecture, on their own
responsibility. 15. The Emperor
Zeno. If anyone should think
that he can bring an extra horse with him for a journey, he shall
pay the Treasury four times the value of the animals brought in excess
of the prescribed number. 16. The Same Emperor. Those only shall be
permitted to use public vehicles who, being sent as envoys by different
nations, desire to arrive speedily in Our presence. 17. The Same Emperor. Let no one dare to
remove a driver attached to the postal service from his duties, either
by solicitation or by receiving him, under the penalty of ten pounds
of silver. 18. The Same Emperor. When forage is valued
at a high and exhorbitant price, animals belonging to the public are
openly ill treated by slaves and attendants, and, to avoid this taking
place, Your Highness must see that forage is not lacking at the different
stations, and that the inhabitants of the provinces are not subjected to annoyance beyond
what is reasonable and just. 19. The Same Emperor. We have ascertained
that the inhabitants of the provinces are compelled to furnish, at
a reasonable rate, not only forage for horses, but also the money
required for the postal service, and that, in addition to this, they
are oppressed by being required to provide harness for the same. Therefore,
the Governors of provinces must take care that no dispute shall arise
with reference to the public post, and that decurions or provincials
are not, through fraudulent representations, forced to furnish animals
which they are not obliged to. 20. The Same Emperor. No military commander,
after having once entered his province, can, afterwards, for the purpose
of travel, make use of the vehicles or horses belonging to the postal
service, nor can anyone attached to his office do so, but he must
use his own animals even for military expeditions. We order that the
same rule shall apply to the officers of cohorts, so that none of
them travelling through his own province may hereafter attempt to
avail himself of a post-horse, as he will know that this is prohibited
by an Imperial Constitution. When
any military commander, or any of his retinue, or any officer of a
cohort, thinks that he can violate what We have decreed, he shall
be fined a pound of gold for every animal which he has made use of. 21. The Emperor
Anastasius. No one, no matter to
what order he may belong, or what rank he may hold, or what duties
he may discharge in the Holy Church, or the Imperial palace can, during
an expedition, employ any animal or vehicle belonging to the postal
service. 22. The Emperor
Justinian. We decree that the
ambulatory post shall be abolished and suppressed throughout the entire
East, as well as in the cities of other regions, under the jurisdiction
of Your Highness; provided, however, that where We have made any arrangement
for the passage of Our brave soldiers, and ordered their transfer
from one place to another, a requisition shall be made on the Treasury
of Your Highness for the transport and repair of arms, and payment
be made to owners, who are accustomed to hire out their animals; and
We decree that, under the above-mentioned circumstances, no judge
but yourself, no matter what his rank may be, shall have power to
grant the use of such animals. 23. The Same Emperor. We order that
no one—no matter to what organization he may belong, what office he
may hold, what military rank he may have, or what his status may be,
throughout the entire region of the East, and regardless of the reason for his journey, or his
return—shall employ more than one horse either belonging to the Government
or to himself, even if the judge has permitted him to take more than
one, unless a special permit has been granted by Us, setting forth
the number of animals which he shall be entitled to use; those, however,
undoubtedly being excepted who are engaged in transporting the public
money; for, in this instance, it is proper that as many animals be
furnished, without Our express authority, as may be required for the
transport and protection of the coin; and anyone who, at any time
or in any way, violates Our commands, or permits them to be violated,
shall be condemned to pay a fine of fifty pounds of gold. Title
52. Concerning drivers and stations. Drivers of post-horses
are only entitled to two days, in addition to the ordinary delays,
at the different stations, and no longer time shall be granted to
anyone, even if he is accompanied by necessary persons, unless he
is one of those who have charge of animals and horses intended for
the use of the Emperor; so that, after having been sent back to the
Organization of Drivers, he can be allotted the number of five days,
and no one shall have authority to remain beyond that period of time
in any place that he pleases. Title
53. Concerning the subordinates of the Praetorian Prefects and their
privileges. We desire that the
officials of the Prefecture who retire every year shall do Us homage
after their terms have expired; and when they have done so, We grant
them the right to enjoy repose, so that they shall not be compelled
to accept any office or employment of any description whatever. 2. The Same Emperors. We forbid the subordinates
of praetorian prefects to interfere with the collection of taxes in
the provinces, to the injury of the people, or for their own advantage;
and, moreover, We do not allow them to act as guards of warehouses,
or to assume any of the rights or authority of the curias. If
one of them should be so rash as to violate the present law, We wish him to be subjected to a penalty in proportion to the gravity
of his offence. 3. The Emperor Anastasius. The officers of the
Praetorian Prefect, his principal secretaries and accountants, in
addition to all those who, in the office of Your Highness and in the
course of the performance of their military duties, desire to rest
from their labors shall, by way of reward for the many hardships endured
for the State, always be exempt from every civil or military tax,
and be subject to the jurisdiction of civil judges, and not to that
of those belonging to the army. We decree that the following provision shall be
added to this law, namely: that if any officer attached to the Prefecture
should, either while he is in active service, or after he has retired,
die without making a properly executed will, and leave no legal heirs,
his entire estate shall not escheat to the Imperial Treasury, but
can be claimed by the treasurers of Your Highness. We concede to your
secretaries and collectors, as well as to all other persons attached
to your office, who serve in Our First Legion, the right to a hearing,
solely in cases where proceedings have been brought against them.
We order that those who reside in the provinces shall, however, only
answer before the Governors, unless the performance of some public
duty has been imposed upon them. Title
54. Concerning the attendants of the Prefect of the City. No one, with the exception
of those belonging to the retinue of eminent officials having charge
of the collection of taxes, of posts, and of the Urban Prefecture,
shall be permitted each year to appear before the Emperor and render
his homage. None of the incumbents of office in the provinces shall
have the right to come before the Emperor and adore him, and all privileges
of this kind are hereby abolished. 2. The Emperors
Arcadius and Honorius. Any attendant of the
Illustrious Prefecture of the City who has, by fraud, deceived the
baker of the palace, shall, after having been accused and convicted,
remain forever attached to the Organization oi Bakers. Title
55. Concerning the staff officers or generals and their privileges. Those who hold the
offices of generals of cavalry and infantry are released from the
responsibility of any appointment. 2. The Emperors
Theodosius and Valentinian. Those who, while discharging
the duties of generals of cavalry or infantry, have drawn any office
by lot, shall be considered members of the Military Order. 3. The Emperor Martian. We do not wish the
attendants attached to the offices of magistrates, or members of curise
or cohorts, to be enrolled for service in the Census. 4. The Same Emperor. We decree that persons
having charge of the accounts of generals, whether they are attached
to the immediate service of the Emperor, or are serving in the East,
and who have been admitted to the privileges and receive the pay of
soldiers, when they retire from office, shall live with the praetorian
tribunes of the Military Order, and be treated by them with the respect
to which they are entitled by their labors; so that, after the ranks
of the army are complete, they may be exempt from all contributions,
as well as from all military and civil duties. We wish that those
of them who occupy the highest positions shall rank with the military
tribunes of the guards. 5. The Emperor Zeno. We order that those
under your command (provided they are registered among the number
established by law) shall enjoy the prescription of the bar, but that
those who are above this number, and are regarded as not included
in the military service, shall be excluded, and assigned to the Illustrious
Prefecture, and the distinguished Governors of the provinces, without
being allowed to avail themselves of this prescription, which is the
peculiar privilege of soldiers. Title
56. Concerning the attendants of the Proconsul and the Lieutenant
of the Emperor. We do not wish any
decurions, or members of some other body, to be attached to your office,
and if there should be any of these acting as your attendants, We
order that they shall be immediately restored to the duties which
they are required to perform. 2. The Emperors
Valentinian, Valens, and Gratian. We are of the opinion
that four hundred deputies should be set apart for the service of
your office from among those against whom no complaint can be made
by any member of the Government. 3. The Emperors
Arcadius and Honorius. In any province where
there is a proconsul, his duty requires him to perform those functions
which are customary, and not insolently interfere with other matters. Title
57. Concerning the attendants of the Count of the East. Not more than six hundred
attendants shall be attached to the office of Count of the East, which
number We are satisfied will be sufficient for the requirements of
the public. Title
58. Concerning the attendants attached to the cohorts of princes and their cornicularii
and primipilarii. Soldiers stationed
in garrisons shall not venture to extort more taxes than are due,
nor put anyone into prison, nor, themselves, keep anyone in custody,
even though he may be clearly guilty of crime. Anyone who commits
an offence of this kind is hereby notified that he will be punished
with death. 2. The Emperors
Theodosius, Arcadius, and Honorius. No judge shall presume
to try or convict anyone, unless evidence is given under oath. We,
however, except those who have charge of the public post in the provinces,
for the general welfare does not permit assistance to be refused in
a service of such importance. 3. The Same Emperors. We also extend to ordinary
privileges which were granted by the Emperor Diocletian to the cohortals
of Syria, and We order that they shall not be required to transport
necessary supplies for either the army or navy, and that they shall
not be inscribed upon the registers of the curise without their
consent. When, however, their military service has expired, and the
duties of the Chief Centurion properly discharged, We grant them the
right of exemption. 4. The Same Emperors. We desire that the
subordinates of the Governors of the provinces subject to your authority
shall be notified that, after having been installed in their offices,
or accepted in the name of the cohorts or legions, they shall be entitled
to all privileges. 5. The Same Emperors. Any centurion in Osroena,
who rejoices in the possession of a large number of sons, can appoint
one of them to his place, as succeeding to it by hereditary right;
and, by way of showing his devotion to his country, he can place another
in the curia of desena, and provide for the others in any way
that he may desire. If, however, he should only have two sons, he
will be compelled to satisfy the cohort and the curia. Where
he has only one, he must restore him to the Order of his country,
and no privilege will avail against this rule. Hence We grant authority
to their fathers, as well as to those who, by the terms of this law,
are placed under the control of municipalities, to produce any members
of a curia found to be exempt through the indulgence of princes,
in order that they themselves, having been designated for the discharge
of the same duties, may be compelled to perform them. 6. The Emperors
Honorius and Theodosius. If an official subordinate,
after having committed a crime, should take to flight, the edict by
which he can be recalled must be complied with, under the condition
prescribed by the laws; and if he does not appear, the court shall
pass sentence upon him as a fugitive from justice, according to the
nature of his offence. We do not grant pardons for crimes of this
kind, nor do We remove them by indulgences. 7. The Emperor Theodosius. The attendants of ordinary
judges, who have attained the rank of investigators, or continue in
their employments, cannot be discharged on account of age or length
of service, before they have rendered their accounts. And if, before
the account has been submitted, he who is liable should think that
he is entitled to dismissal on account of some corporeal disease,
or extreme old age, he shall not obtain it before paying everything
due to the centurion. Moreover, We desire that those who have been dishonorably
discharged on account of the commission of crime shall not, under
such circumstances, be permitted to retain their peculium, but
shall be subjected to condign punishment, so that none of their property
shall be removed from the office to which they are attached, which
rule shall apply to the smallest company of the army. 8. The Emperor Valentinian. In appraising different
kinds of military supplies, the same rule shall be observed with reference
to their price as applies to the same articles when exposed to public
sale. 9. The Same Emperor. A hundred attendants
shall be attached to the office of each magistrate in Illyria (in
which province the necessaries of the public welfare especially demand
that employments be granted to the subordinates of Governors) but,
in excess of this number, no person shall aspire to this military
rank or remain in it with the connivance of judges. Again, those who
are summoned to the performance of functions of this kind should not
be such as may attempt to obtain extraordinary profits under the empty
name of military service, but those who will discharge their official
duties with proper care and diligence. 10. The Same Emperor. Anyone who desires
to take charge of the papers or registers, or obtain any other office
in the cohorts, shall not be permitted to do so until his name has
first been entered upon the records; and the penalty already prescribed
shall be imposed upon those who think that, contrary to the Imperial
enactments, any persons can be accepted, or any office whatsoever
can be bestowed upon them. 11. The Emperor
Leo. When anyone, belonging
to the cohorts, has been dismissed from the service on account of
prosecution for crime, or for idleness, if, after having solicited
forgiveness, he should desire to be reinstated in his former position,
he shall be required to present to Your Highness a pardon granted
by the Emperor. 12. The Emperor
Zeno. If the attendant of a cohort, or anyone attached to the same, should aspire to some dignity, he shall be deprived of all the insignia of the honor which he has obtained, and reduced to his former status. Any children born to him while in this condition will share the fortune of their father. (1) If one of them should presume to aspire to military service, he cannot take advantage of any prescription of time, except that based upon the lapse of thirty years, but he shall be restored to his former status; nor shall he, or his children born afterwards, be permitted to refuse to pay what is due to the cohort. (2) But in order that the attendant of a cohort, or his son, may not venture to aspire to another position, the example of his ancestors shall present an insuperable obstacle. (3) Moreover, We order
that all those who are engaged in different kinds of trade, as, for
instance, money-brokers, jewelers, vendors of silverware and clothing,
apothecaries, and others dealing in various articles of merchandise,
or who have warehouses, shall be exempt from provincial employments,
in order that all honor and military service may be free from contagion
of this description. 13. The Same Emperor. We do not permit any
centurion, or other officer attached to the Imperial bodyguard, to
aspire to any other military place or civil occupation contrary to
the public welfare, or to any other dignity to the prejudice of his
former status. If anyone should be so audacious as to violate this
most salutary law, or any Imperial edict to this effect, his act shall
be considered as not having taken place, even though he may have obtained
the position through a special display of Our indulgence, and We order
that, without notifying him who, by the practice of the above-mentioned
arts, has attempted to evade the duties which he owes to the public,
he shall be immediately delivered up to the city from whence he came. 14. The Emperor
Anastasius. Anyone who, up to this
time, has been obliged to discharge official duties in the cohorts,
or was attached to the government of the province, or to any other
branch of the military service, or has been raised to any dignity
whatsoever shall, by no means, be permitted to enjoy the advantages
which he has usurped and obtained contrary to law, even though he
may be able to boast that the right to administer the affairs of a
province, or of some command in the army, or of any other office whatsoever,
has been bestowed upon him by a voluntary act of Our liberality. Henceforth,
being deprived of all the benefits of the condition which he despised,
he will not be able to acquire any of them either himself, or through
the intervention of others, but will only be compelled to discharge
the duties of a centurion ; and, from that time during the remainder
of his life, he shall be obliged to perform the functions as a member
of the curia of the city in which he was born, so that those
who, after having aspired to any kind of military employment, or other
office, after having completed their term of service in the army,
must be restored to their native curia. Title
59. Concerning the attendants of the Prefect of Subsistence. The subordinate officials
of the Urban Prefecture must not interfere with matters relative to
subsistence, but the duties of the Prefecture of Subsistence shall
be performed by means of the secret emulation of its attaches. 2. The Emperor Constantine. The Prefect of Subsistence
must collect the taxes required of his office by the instrumentality
of his attendants, and, together with his subordinates, will be responsible
for the exaction of the requisite contributions. Title
60. Concerning the different officials and attendants of judges, and
their prerogatives. When the Praetorian
Prefect, his deputy, or the Governor of a province, notifies anyone
having charge of the public documents or records that he has been
transferred to other duties in the camp or in the army, someone must
be appointed to whom he can render his accounts, and he who is assigned
to his place should preferably be a person eminently worthy of distinction. 2. The Same Emperor. None of those who have
been dishonorably discharged from the army can again aspire to a place
to which they are not entitled, without the consent of the Emperor.
If anyone should fraudulently obtain such a place, he shall be fined
five pounds of gold. 3. The Emperor Justinian. No attendant of Your
Highness, nor anyone attached to the office of the palace shall, under
the pretext of the public welfare, transact the business of a private
individual in the same province in which he was born, or in which
he resides, or where he has already discharged the duties of an employment
of this kind. If this rule should be rashly violated, it will be the
duty of the First Secretary of Your Highness to impose a fine of three
pounds of gold upon the culprit, for the benefit of the Treasury.
Moreover, any attendant who permits himself to be appointed to such
a position shall be dismissed from the army. This penalty shall also
be inflicted upon others, for instance, where a domestic, a protector,
an attendant, or an agent for the transaction of business, or the
employee of any office of the palace, persists in an usurpation of
this kind in the same province in which he was born, or in that where
he has established his domicile, and his name shall be stricken from
the rolls; and he who allows himself to hold such an office shall
be compelled to pay a pound of gold to the Treasury. Your subordinates,
and the accountants and notaries of Palatines and counts, shall pay
a pound of gold to the Treasury, unless what has been enacted is observed. 4. The Same Emperor. Persons who have but
little property are not forbidden to serve as attendants. 5. The Emperors
Gratian, Valentinian, and Theodosius. Any attendants who,
after a hearing, have been dismissed on account of some fault or negligence,
cannot hereafter aspire to any military employment; nor will a rescript
be of any advantage to those who may be subjected to a penalty of
exemplary severity, if, contrary to what has been prohibited by the
Imperial Constitutions, they are guilty of contumacy in aspiring to
such a position. 6. The Emperors
Theodosius and Valentinian. No one shall be permitted
to hold the following offices, that is to say, those of the distinguished
Proconsul of Asia, Count of the East, Augusta! Prefect, and their
deputies, whom We have warned as being liable to a penalty of thirty
pounds of gold, unless he has been recommended by a letter issued
by the Imperial Secretaries. If any such person in your jurisdiction
should be convicted of this offence, he shall be suitably punished,
after the illegal acts which he committed have been declared to be
void. 7. The Same Emperors. We admit to the highest
privilege of military distinction those who, after having performed
with assiduous care the duties required by their former position,
may think that they are worthy to obtain these honors; but not those
who have withdrawn with the intention of indulging their cupidity,
or to obtain a more profitable situation, or for the purpose of concealing
crimes which they have previously committed, or in order to be able
afterwards to commit others with impunity. 8. The Emperor Theodosius. We decree that the
distinguished commanders and their attendants, both those serving
on the frontiers and those in command of camps, shall be solely under
the jurisdiction of Your Highness, and not subject to any other judges;
reserving for the illustrious and eminent generals of the army the
power to decide any controversies arising between the soldiers on
the frontiers in the provinces of the Orient, Thrace, and Illyria,
in accordance with long-continued custom observed up to this time. 9. The Emperor Valentinian. We decree that the
honors to which registrars, clerks, and all other attendants of the
Praetorian Prefecture of the East, as well as those belonging to the
offices of the different judges are entitled, shall be distributed
according to custom, as prescribed by the Imperial regulations having
reference to military service; and not indiscriminately or arbitrarily,
or merely by magisterial authority alone, or in pursuance of letters
drawn up by officers of the army, but with the authentic and written
sanction of the Emperor in accordance with Our will, so that no deceit
or fraud can possibly attach to them, and We order that only such
persons shall be eligible who profess the true and Catholic faith.
Others, however, who are in the service (unless
they belong to the number whom ancient custom has associated with
the corps of attendants by those who established it) shall not only
be dismissed from the service, if, on the accusation of anyone, they
have been found guilty of fraud, but We decree that they shall undergo
the penalty of proscription, and be deprived of all their property
by confiscation. 10. The Same Emperor. We order, by this law,
that hereafter no one shall be allowed to issue permits to those who
should be enrolled in some branch of the military service, who cannot
legally obtain such positions without the approbation of the Emperor;
but the Imperial letters containing Our consent with the signature
of those under whose jurisdiction the applicants are placed shall,
at the risk of the commanding officers of every division, be furnished
those who desire to enter the army. The above-mentioned documents, signed by the said
officers, shall, as is proper, be deposited with each of the authorities,
and although it is clear
that all other magistrates should be excepted from the: observance
of this act of approval, still, in order that no opportunity
for the assertion of ignorance
may remain, We decree that public notice
shall be given by recording the same in the registers of all the
officials who are required to admit such persons into the military
service as are entitled to the same by instruments
containing the sanction
of the Emperor. Therefore,
application shall, in obedience to this regulation, hereafter enter
the Imperial service either in Our palace or in any other office whatsoever;
but (as has already been stated) those who are incapacitated by the
terms of the Imperial Constitutions and cannot, either in compliance
with ancient custom or, under the preceding rule requiring the consent
of the Emperor, enter his service as set forth in the following notice,
We order may do so; all persons being hereby notified that if they
should attempt, either by connivance or negligence, to trifle in any
respect with the Imperial regulations herein promulgated, they shall
not only be punished by the confiscation of all their property, but
also by death, as being guilty of the crime of deceit. This
notice shall be observed by all the employees of the Imperial Secretaries,
and of those charged with the business of the palace and the Imperial
Largesses, as well as with the private affairs of the Empress. It
also applies to the Secretaries of the Imperial letters; the subordinates
of the illustrious Praetorian Prefectures of the East, of Illyria,
and of Rome; to those of the Proconsuls of Asia and Africa; of the
Count of the East; of the Augustal Prefect; of the Count of the Houses
Consecrated to God; of the Vicegerents of Asia, Pontus, Thrace, and
Macedonia; and to the Treasuries of the Roman people. It is likewise applicable to the Bureau of Imperial Petitions; to the
employees of the generals of both branches of the service; to the
Prefect of the East and Illyria; to all ushers, clerks, teachers,
stewards, persons having charge of the tables and lamps, who are set
apart for the service of the Imperial palace; to the chiefs of the
first ten military corps of the Emperor; to the Imperial couriers,
the distinguished generals of Palestine and Mesopotamia, the noble
Counts of Phoenicia, Osrosnia, Syria, the Euphrates, Arabia, Thebes,
Lydia, Pentapolis, both provinces of Armenia, both provinces of Pontus,
Scythia, the first and second provinces of Mysia, Dacia, Pannonia,
and the distinguished Counts of Egypt, Pamphilia, Isauria, Lycaonia,
and Pisidia. Title
61. Concerning executive officers and collectors of taxes. In order that the collector
attached to the palace, or the attendants of men of illustrious rank,
may not wander through the different parts of the provinces, and the
dread of military license cause apprehension, We
decree, by this law, that all those who have been mentioned as being
under the jurisdiction of the Governor of a province shall act with
him, and that he shall inspect, order, and supervise everything, so
that all business may be transacted with his approbation and on his
responsibility. 2. The Same Emperors. Anyone attached to
Our palace, who is in the provinces for any reason whatsoever, either
for the purpose of compelling obedience to law, collecting taxes,
or as adviser, the bearer of despatches, agent, Palatine or attendant
of illustrious officials, shall only exert such authority as he has
been especially invested with by his decurionate, and shall not, as
a colleague, presume to discharge any duty which someone else has
been directed to perform, so that these persons may not share one
another's functions, and all do what has been entrusted to each individually. 3. The Emperors
Theodosius and Valentinian. When anyone has been
selected from the office of the Pra5tor, from that of the illustrious
Count of the Imperial Largesses, from that of Our Private Affairs,
or from any other place held by a subordinate, to occupy some other
position, he is hereby notified that he must render his accounts to
the proper official within a year, show that he has performed his
duty, what collections he has made as well as what remains unpaid,
who are in arrears, and through whose fault, or for what reason any
deficiency has occurred in that province. If, after the said term of a year has elapsed, he should still be found
there, he shall be arrested as a robber, be removed from office, and
condemned to a fine of ten pounds of gold, if he refuses to return.
He shall also be placed in irons by the officials of the province
and subjected to examination, and he shall not be entitled to defend
himself on the ground of any privilege, or the pretext that some other
business or task was subsequently imposed upon him, as We deprive
him of the power to continue to make collections in the said province. 4. The Emperor Zeno. We order that no property
belonging to another shall be taken for the public or private debts
of any individual. 5. The Emperor Anastasius. If anyone should, through
rashness and insolence, venture to violate Our orders, the Governor
of the province, after having arrested him, shall be permitted to
bring him before Your Highness for prosecution; and, where the collector
is proved to have been guilty of having illegally exacted anything
for himself, the provincial magistrate must punish his temerity as
prescribed by law. 6. The Emperor Justinian. We order that the collection
of public money shall be committed to whoever has been selected, in
accordance with your judgment, or through
the zealous care of the accountants, or magistrates, or under the
direction of those temporarily in charge of the administration of
your high office; but he will not be allowed to take up any other
matter before having disposed of the one in question. If, however, anyone should happen to depart for the purpose of attending
to public business, in some province, and another case remains to
be despatched by him; he will not be prevented from undertaking the
settlement of both of them, but no more, if he has left this Imperial
City, as he is not permitted to dispose of three without having previously
obtained authority to do so from his official superiors. Those who
have undertaken to decide a second case, or have permitted themselves
to determine two at once, or even a third, shall be punished, not
only with the loss of their positions and the confiscation of all
their property, but also with perpetual exile. This same penalty shall
be inflicted upon accountants and their assistants, whose duty it
is to see that a violation of this kind does not occur. 7. This Law is Not
Authentic. Title
62. Concerning the profits of advocates and the extortions of officials
or their subordinates.
When anyone finds that
he has been injured by the military commanders of two hundred, or
one hundred soldiers, or the Advocates of the Treasury, he should
not hesitate to go into court and prove the injury which he has sustained,
so that the guilty party, after having been convicted, may be punished
with proper severity. 2. The Same Emperor. In addition to the
regular and legal contributions required, many extortions are committed
by officials against the people of the provinces, not only in the
different cities, but also in private houses, where they and their
animals are gratuitously entertained. Hence all judges must take care
not to permit injuries of this description to remain unpunished. 3. The Emperors
Gratian and Valentinian. Whenever a collector
is accused and convicted of depredations, he must suffer the penalty
prescribed by the law, without appealing to Our clemency. 4. The Emperors
Arcadius and Honorius. We desire to come to
the relief of members of the curise, and persons interested
in navigation, as well as those of all other organizations, in order
that the attendants of judges may not be permitted in any way to plunder
the people of the provinces. Title
63. Concerning the Chief Centurion of the Triarii. The pay of centurions
of the first rank begins to be due after their administration, and
if anyone entitled to it should die before that time, it can be claimed
by his heirs. 2. The Emperors
Diocletian and Maximian. Civil actions should
not be transferred to the tribunals of other magistrates in the name
of the Chief Centurion of the Triarii. 3. The Same Emperors. The public welfare
should take precedence of the contracts of private individuals, and
therefore if it should be established that the Treasury has received
what was due to it in the case of the centurion, you can demand the
property hypothecated for the dowry, so that the latter may be paid. 4. The Same Emperors. As the Emperor Aurelian
decreed that children were liable for an obligation arising solely
from the office of centurion held by their father, even though they
were not his heirs, so, if you should not succeed to your father,
and have none of his estate in your possession, the result will be
that you cannot be sued by his creditors. Title
64. Those who announce the occasions of public rejoicing or the names
of the Consuls, or who publish the imperial constitutions or any other
imperial or judicial documents, should not receive excessive sums
for expenses from people against their consent. Where an announcement
of public prosperity is to be made, for instance, where war has ceased;
or a victory has been won; or the honor of a royal, a consular, or
any other robe of state is conferred; or where tranquillity follows
the establishment of peace; or where We appear in answer to the demands
of the people; We order that these announcements shall be made and
received without incurring excessive expense. We
decree that the publication shall be unostentatious; that gifts shall
be bestowed upon persons who are in want, and not upon those who are
possessed of wealth; and We order that judges shall take care that
the price of rejoicing shall not, by dishonorable collusion, be wrung
from the poor. If this
law should be violated by sacrilegious dissimulation, the person who
profits by what is collected shall be deprived of this reputation
and this fortune; the same penalty shall be imposed upon him who ejected
the money, and the officer who permitted it to be done shall be punished
with a fine of thirty pounds of gold. 2. This Law is Not
Authentic. |