LAW
OF CONSTANTIUS I AND GALERIUS ON DEBTORS TO THE FISC ( AD 305-306 ) |
( Johnson, Coleman-Norton & Bourne, Ancient Roman Statutes, Austin, 1961, pp. 237-238, n. 300 ). |
Of
this constitution Greek and Latin versions exist, both fragmentary in
their inscriptions and each exhibiting approximately the same concluding
part of the law. The Greek text, reported in 1752, though supposed to
be a translation of the Latin document, is more complete than the Latin
text, discovered in Lycia, Asia Minor, before 1902, and therefore it
is here translated. |
Among
the fisc's privileges was the right, in seeking satisfaction from a
person indebted to it, to exact from the person who was indebted to
the fisc's debtor a debt which he happened to owe to the fisc's debtor.
But this procedure was pursued only when the fisc's debtor was impoverished
and could not discharge his debt to the fisc. This constitution abolishes
all notations about debts owed by the fisc's debtor to it, insofar as
these have come to the fisc by a certain day after its debtors have
been released, or concocted by the Caesarians, who were apparitors of
fiscal officials and whose corruption was notorious ; and the office
staffs of all magistrates or officials are ordered to send to the imperial
court such records, lest the fisc's debtors later should be disturbed. |
ENGLISH TRANSLATION. |
1) . . . and
weighing with care . . . , lest perchance anything announced
by us should escape notice, the occasion for which might furnish to
the aforesaid persons' rash lawlessness any opportunity to plot against
innocent persons' property, by appropriate words we have thought that
it must be corrected. |
2) Therefore,
it is our pleasure that as many persons as suffered false accusations
in the matter of those persons' notations, when they, subjected to adverse
fortune's judgments, have given grounds for action to the fisc before
September 19 of our fifth consulship, that is, of course, of Constantius
and Maximian, Augusti, shall be freed by our Piety's good services and
for the future shall be afraid absolutely of no such annoyance from
the fisc. For to our Humanity's thought it seems unjust that any persons
should be annoyed by those writings which either an enemy has written
purposely, that he may avenge himself even after death, or those which
the Caesarians' unrestrained and cursed malignity has fabricated, as
if for the sowing of profitable plunder. |
3) And
that the records of such annoyances, extirpated from the roots, forever
may be buried, know that our sanction's mandates have been issued to
the effect that by all means all notations that have remained on the
aforesaid day in the fisc's offices, whether prepared in books or on
papers or in any documents at all, straightway shall be sent to the
imperial court and that, of course, after these our Piety's kindnesses,
since such documents do not remain in the aforesaid offices, occasions
shall not be afforded to the Caesarians for constantly despoiling our
provincials in their customary manner. |
4) Hereafter
there shall be no summons into the fiscal court, unless by manifest
proofs and by correctly written sureties, because these our directions
of instructions have been transmitted, so that, if anyone hereafter
in a similar way supplies notations for our fisc's accounts, no person
on such notation shall be molested, but all notations shall be sent
straightway to our imperial court, where pursuant to our Humanity's
sanction an examination is made. |
5) If
an annoyance is contrived for anyone by this record of notations, he
must appeal to the court of the governor or of the prefects, whose responsibility
it shall be to issue sentence and to avert injustice and whose decision
with appropriate vigor shall be against those persons who, it is established,
continue in their former insubordination. |