THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CIII ~ |
CONCERNING THE PROCONSUL OF PALESTINE. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
Addressed
to John, Most Glorious Praetorian Prefect of the East, twice Consul
and Patrician. |
PREFACE. |
We
have already granted greater power to the Governors of other provinces
who, formerly deprived of much of their authority, were not capable
of acting with energy; We have bestowed upon them the rank of spectabile;
We have increased their salaries, as well as those of their assessors
and subordinates; and, among all the distinctions which We have conferred
upon them We have included that of hearing appeals; We have honored
some of them with the title of Proconsul, others with that of Count,
others again with that of Praetor, and still others with that of Governor;
and We add, so to speak, new ornaments to Our Empire by the splendid
appointments which are constantly being introduced. We
have especially directed Our attention to the metropolis of Caesarea,
the capital of First Palestine, which province should, above all others,
enjoy great distinction, for the reason that it was formerly governed
by a Proconsul with the title of Prefect, although he was subsequently
reduced to an inferior rank. Palestine, at first, only constituted a
single province, but when it was divided into three parts, it did not
retain the Proconsulate, but was placed under the jurisdiction of an
ordinary magistrate (as he is called). Without considering that this
capital is very ancient, its name was always celebrated, either because
Strato first founded it and constituted it a city; or for the reason
that the distinguished Emperor Vespasian, the father of Titus, of pious
memory, gave it the name of the Caesars instead of that of the Tower
of Strato, which it was formerly called because Strato resided there
after the Hebrew victories between the emperors; an act which alone
would be sufficient to invest him with the greatest glory. (1) We are aware that Palestine is inhabited by a great and estimable people, and forms no inconsiderable part of Our Empire, both because of the amount of taxes which it pays, and by reason of its exceeding loyalty; that it includes cities of great renown; produces good citizens versed in all kinds of knowledge, as well as eminent among the priesthood; and that, finally (which is more important than everything else), Our Lord Jesus Christ, the Creator of the Universe, the Word of God, and the salvation of all the human race, redeemed us in Palestine, and it was there that He designed to become responsible for our sins. |
CHAPTER I. |
Therefore, why
should We not increase the consideration due to this province, by adding
to the dignity of the magistrate who governs it, and why should We not
elevate him to the Proconsulate? Why should We not concede to him the
title of this office? And this is what We now do, by means of the present
Pragmatic Sanction, which We desire to be styled the Privilege of the
Caesareans. Hence We hereby create the Governor of Palestine a Proconsul;
We confer upon him the rank of spectabile magistrate, and all
the attributes peculiar to that office; he shall hear appeals brought
before him from every part of both Palestines, where the value of the
property involved is not over ten pounds of gold; and his rank will
enable him to execute Our orders with more distinction and greater authority.
He will assume the venerable and antique Veneta (that is to
say, the purple stole), and he will wear it during the sacred monthly
festivals; being invested with so much honor, he will render himself
agreeable to his subordinates ; he will command a large number of soldiers,
and do whatever is most useful to the government and advantageous to
Our subjects. We also bestow upon him, by way of salary, twenty pounds
of gold, which he shall freely divide between himself, his assessor,
and his attendants. He will notify Us of the division to be made of
it, in order that We may confirm its distribution by means of an Imperial
Pragmatic Sanction, as We are not willing for the Governor of Palestine
and his assessor to be paid the moderate emoluments which they formerly
received, or that his attendants, who are occupied with such large collections
of taxes, and have considerable risk to run on this account, should
be deprived of all means of assistance, especially when the Proconsul,
his assessor, and the members of his court are well disposed toward
Us, diligently collect the public tributes, and abstain from unjust
exactions. |
CHAPTER II. |
In
addition to this, the distinguished military commander of Palestine
at the time shall not, in any way, interfere with civil cases, or the
disbursement of taxes, but the Proconsul himself shall decide all public
and private litigation (as has already been stated) ; he must especially
see that the public revenues are paid without delay or loss, and keep
his hands clear of all corruption. What
We decree will be carefully observed, for Stephen, whom We appoint the
first Proconsul of Palestine, is deserving of great praise, and Our
experience with him in former times induces Us to believe that he will
discharge the duties of this office with wisdom. He must be especially
careful to maintain order in the cities, and see that no popular tumult
is excited therein. For this was one of his duties when he was invested
with the magistracy; and he, having obtained the government of a province
prone to sedition due to difference of religion, as well as other causes,
pacified it, and entirely delivered it from all kinds of tumults and
troubles, which is what We enjoin him to do now. If it should become
necessary for him to visit Second Palestine, for the purpose of suppressing
disorder, he must not permit anything improper to take place there,
and above all, in that part of the province in which We are aware that
widespread disturbances exist, the results of which are serious. |
CHAPTER III. |
If
he should be in need of any soldiers stationed in the province, We hereby
place those under his command whose energy We know has been tested as
much in protecting the citizens of the town as in preserving peace among
the inhabitants of the country, and in collecting the public taxes.
We confirm in all its force
the Imperial Pragmatic Sanction which was originally promulgated on
this subject, and by which the distinguished departmental commander,
or the most glorious General of the Army is prohibited from depriving
the Proconsul of the military authority conferred upon him, for fear
that tumults or sedition may arise in the city. For tumults will never
take place while the Proconsul administers the civil magistracy, if
he maintains strict discipline among the collectors of tribute, and
is careful to provide soldiers ready to execute his commands, whenever
this becomes necessary, and suppresses crimes committed by these persons
or by others. (1) The eminent general of that department, and he who is invested with Proconsular magistracy, shall be entirely distinct from each other, so far as their respective duties are concerned. For the former will have charge of the troops known as limitanei, and foederati, and of the entire body of soldiers in the province, with the exception of those allotted to the service of the Proconsul; while the latter will have jurisdiction over private persons as well as civil matters, and will command the military forces placed at his disposal. No one can evade his jurisdiction in matters relating to public taxes or popular sedition. The Proconsul will command and direct all his subordinates, none of whom shall disobey his rules or orders, or, under any pretext, be permitted to defraud the public, or injure the citizens in any way; the promoter of public sedition shall not avail himself of his rank, his dignity, his sacerdotal character, or any other privilege whatsoever, to enable him to escape the consequences of his acts, but he can only avoid liability and punishment when he has not committed any offence. (2) Thus (as We have already stated) We grant these powers to the above-mentioned magistrate, and We desire then to be perpetually recognized by means of this Imperial Pragmatic Sanction. In order that the authority of Your Excellency may be undisputed, We order this Decree to be inscribed upon the registers of your office, so that all the future inhabitants of the province may know that the Proconsular office has been restored to them; that the highest rank of Proconsul has again been established in First Palestine; and that this magistrate, who was formerly deprived of the pomp attaching to the office, is now invested with all due honor and distinction. |
EPILOGUE. |
Your
Excellency will see that what it has pleased Us to enact by this Imperial
Law is carried into effect. |
|