THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CV  ~
CONCERNING CONSULS.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Emperor Justinian to Strategius, Count of the Imperial Largesses, Ex-Consul and Patrician.
PREFACE.
  The Romans, in ancient times, established the title and office of Consul for the purpose of employing these officials against their enemies, and it was in pursuance of decrees which created them according to the laws of the Republic that the Consuls immediately drew lots for the provinces, in which the Romans were at war; and it was also by virtue of these decrees that they, in like manner, acquired the fasces. When the authority to make peace or war was subsequently transferred to the most pious Emperors, the rights of the Consuls were restricted to the practice of moderate liberality, not exceeding a fixed amount. But, gradually, certain Consuls assumed great ostentation, and displayed undue magnificence, without reflecting that, up to that time, this had riot been done; for great riches which surpass the conceptions of the mind, and which are not derived from the office of the person who possesses them but from private resources, are not the lot of many men. Therefore, as We see that this title which, from the most distant times, and for nearly a thousand years, has been preserved with the Roman government is in a fair way to be lost, We think that some provision should be made with reference to the consuls, in order to diminish their enormous expenses and render them easy to be borne, so that the Consulate may continue to exist among the Romans, and be obtainable by all good citizens whom We consider worthy of being honored in this manner. Hence, taking all these matters into consideration, We have decided what sum should be given under such circumstances. The distinguished Emperor Marcian promulgated a law forbidding Consuls to distribute money among the people, and this law was the first one of his Constitutions. But We have ascertained that after it was enacted, certain Consuls observed it, and no longer made such popular donations, while others requested permission to bestow gifts in this manner, and, after it was granted, they did as they pleased in this respect, scattering sums that were excessive in amount; others, however, practicing moderation, limited themselves to the distribution of largesses of inferior value. As a just medium was regarded by Our predecessors as preferable, and all extremes are dangerous, We have deemed it proper to. establish a suitable rule with reference to this subject, in order that nothing may be inordinate or irregular, and unworthy of Our reign.
CHAPTER I.
   
CONCERNING THE SEVEN PROCESSIONS OF THE CONSULS.
  Therefore We direct that every annual Consul, whom We appoint, shall bestow upon the people by way of largess, distribution, and expenses as much as he can afford; and We set forth in this Constitution everything relative to such presents made by the Consuls. We give the force of law to the following regulations, and anyone who violates them shall be punished. We desire, in the first place, that there shall be seven Consular processions. For when anyone intends to give entertainments to the people for their enjoyment, We provide for this by means of circuses, animal combats, and the concerts of musicians, and do not permit them to be deprived of any of these amusements. The first Consular procession shall take place on the Kalends of January, when the person entitled to the Consulate receives the commission of his office. After this procession, a second exhibition, that is, one of horse contests (called mappae) shall be given. Then a third, theatrical in character, is to be exhibited, but only once; next, the one known as "For the Entire Day," shall be represented for the delectation of the people; this exhibition, called in Greek wayxpanov, and, consisting of combats of men with wild beasts, requires great courage, as the animals must, by all means, be killed. The course of the fifth procession is directed to the theatre called adorna, where comedy, tragedy, concerts by musicians, and all kinds of performances take place. The Consul shall then give another exhibition of contending horses, called hippomachia. This is the sixth procession. Finally, when he relinquishes the honor conferred upon him, he does so by means of a solemn ceremony. In this manner the celebration of seven nights of processions proceeds without any of the observances prescribed by antiquity being omitted. And if, not being content with what was originally the custom, We have provided for a second contest of horses, and have continued the two theatrical exhibitions, it is certain that We have introduced no innovation by doing so. What We have directed shall then be considered to be sufficient; each exhibition shall be given publicly; and the number shall not be increased so as to render them obnoxious to the people, for what rarely occurs is regarded as wonderful. These are the rules which We have laid down with reference to Consular expenses.
CHAPTER II.
   
CONCERNING THE WIFE AND THE MOTHER OF THE CONSUL.
  If the Consul has a wife, We regulate her expenses also, for it is proper for her to share the distinction of her husband. But when he is unmarried, what We have already decreed shall be sufficient, unless his mother is living, and she has not already participated in the honors of the Consulate, or her son wishes her to enjoy them with him. We only concede this privilege to his mother, hence no other woman than the wife and the mother of the Consul shall be distinguished in this manner; for the reason that wives, in accordance with law, share the distinction of their husbands, and mothers also enjoy it, if the Consul so desires. This rule does not apply to the daughters, sisters, or daughters-in-law of Consuls, and still less to anyone who does not belong to his family, for this is absolutely prohibited.
  (1) But how much should the Consul distribute among the populace during the seven processions? We shall decide this much better than was done by the Constitution of Marcian, of Divine memory. This Constitution forbids every exhibition of munificence, but We amend it by allowing the incumbent of the consular office to exercise his generosity. For when he does not wish to distribute anything among the people, We do not compel him to do so; just as when he desires to be liberal and honor them with gifts of silver coin, We do not prohibit it. We, however, forbid him to scatter gold coin about in either large or small sums, no matter what may be its weight or denomination; and he shall only distribute silver, as We have just remarked : for We grant the Empire the exclusive right to scatter gold, as the amount of its wealth permits it alone to despise this metal. The Consuls will, therefore, restrict themselves to the distribution of silver among the people, which, next to gold, is the most precious metal; and We direct them to bestow it in the coins called missiles, caves, thymelices, quadrangules, and others of this kind; for the reason that the smaller the denomination of the coins distributed the greater will be the number of the persons who receive them. Thus the liberality of the Consuls will be in proportion to the means and inclination of him who makes the donation, and he will be at liberty either to distribute nothing, or to use moderation, or to exhibit an excessive profusion. While enacting these provisions, We do not compel the Consuls to scatter money about against their will, just as We do not prohibit those who desire to do so. This is a rule that We establish with reference to coins thrown to the populace. Hence if a Consul desires to be generous, he can distribute money during these processions as he may deem to be advisable, and he is only forbidden to distribute gold, which is a privilege solely reserved for the Emperor.
  (2) We strictly prohibit any of the provisions which We have enacted in the present law from being violated, or others to be added to them. Hence, in order that We may prescribe no limits to the gift of money under such circumstances, We leave it to the discretion of those who bestow it; so that its distribution may absolutely depend upon the desire and pecuniary resources of the donor. What, however, has once been prescribed and ordered by Us, Our law forbids to be disobeyed. If anyone should presume to violate these provisions, he shall pay a fine of a hundred pounds of gold for having disregarded Our precepts, and evaded the intention of this enactment, as far as was in his power. For if it has been adopted solely to prevent the poverty of Consuls through their excessive liberality, and for this reason We have restricted these superfluous donations and reduced the expenses of processions for the entertainment of the people, as well as those of public exhibitions, to a more reasonable figure; and if, taking into consideration what is proper relating to the distribution of money, and We only authorize silver to be scattered, and allow Consuls to give nothing at all when they are unwilling; this has been done in order that We may have a larger number of these magistrates, and that they may always adorn Our reign with their names, and anyone who does not comply with these rules, and violates Our law, shall be considered worthy of punishment. For in this way We shall always have Consuls who will not hesitate to bestow immense gifts, and will under no circumstances have reason to fear and avoid the Consulate as an office involving certain risk. Hence We order that this law shall be observed in all its force.
  (3) Therefore, no one shall presume to violate it, whether he be a man of great wealth, or one of Our judges, or a member of the Great Curia, or discharges the functions of any public employment whatsoever. For, taking all these matters into account, We have proposed to Ourselves to maintain equality in donations of this kind, permitting no one to exceed the limit fixed by this law, unless with reference to the amount of silver which Re is authorized to scatter or not to scatter among the populace, during the processions; which (as We have already stated) We leave entirely to the discretion of the Consuls themselves. Great favors are granted by this law of Ours to those who are accustomed to receive such gifts; for if they run the risk of receiving nothing from Consuls who neglect their duties, they will now obtain moderate presents, and will be indebted to this law, which is also indulgent to the Consul who bestows no largess. We forbid the Most Glorious Consuls to scatter gold or great vases among the people, for We desire them to display their liberality by the distribution of the coins previously mentioned. We establish this rule through motives of humanity, and in order to consult the interests of the people; for if those who display their consular munificence do as We have directed, they will, by this means alone, conciliate the masses. Those who foment seditions through largely sharing in the generosity of the Consuls will no longer engage in contention; they will not come to blows, as they formerly did, by making use of clubs or stones, which conduct is especially odious to Us. For We see them use every effort to afflict one another with innumerable evils where various articles are thrown among and seized by them from which their households derive no benefit, but which they squander during the same day in drunkenness and debauchery. And whenever, in the hope of obtaining considerable profit, one of them incurs expense and afterwards obtains nothing from consular generosity, or less than the amount he has disbursed, he is obliged to suffer loss to pay the debt which he had contracted; and, in addition, be subjected to the blows, wounds, and misfortunes which result. Where, however, the money scattered by the Consuls is distributed with moderation, the populace do not exert great efforts to seize it, and not making calculations for excessive gain they do not give one another blows, or inflict severe wounds, in order to obtain possession of what is bestowed. Therefore We have, by means of this law, introduced a provision which is of general application and appropriate to the form of government; so that the course of time may always be indicated after the Empire is mentioned by the constant mention of the Consuls themselves. We also provide a suitable consolation for Our most glorious judges; for those who are members of the great curia; for Our people, and for all others (in that We release those whom We honor with the Consulate from being compelled to incur enormous expense) even though this may have been unexpected, and We suppress all superfluous outlay, so that We may render the Consulate immortal in the government.
  (4) Therefore (as We have already stated) Our explanation of this law, copies of which shall be filed in the Court of Your Highness, to whom We have addressed it, hereinafter follows. We direct that the Most Glorious Consuls now in office shall receive from your tribunal alone a copy of the said explanation appended to this law, so that by means of the same everything which is done may be properly executed. We wish this to be issued by Your office in order that the Consuls may not be allowed to evade its provisions, nor those who are called compilers alter anything which We have decreed. A copy shall be given on the responsibility of those members of the Court of Your Glory to whom it is entrusted, which shall bear the signature of the magistrate exercising the functions of the office which you now occupy, in order that what We have provided may not, in any way, be changed. None of those persons called to the Consulate will experience any hesitation in accepting the place, if he always confines himself to moderate expenditures. For We, through Our generosity, continue to give to the Consuls everything which they have been, up to the present time, accustomed to receive from the court of Your Highness, or even from other sources, for, while reducing their expenses, We do not diminish Our liberality towards them. The Emperor, however, is not subject to the rules which We have just formulated, for God has made the laws themselves subject to his control by giving him to men as an incarnate law; the Consulate belongs to him in perpetuity, whether he himself discharges its functions over all cities, peoples, and nations in pursuance of any private design by which he may be actuated, or whether he confers upon others the consular robe and attributes, as the office is always a part of the Imperial dignity.
EPILOGUE.
  Your Highness will cause this law to be perpetually observed in accordance with its provisions. To the law: One copy is addressed to John, Most Glorious Praetorian Prefect, twice Consul and Patrician. Another is addressed to Longinus, Most Learned and Most Glorious Prefect of this Capital City.
  Given at Constantinople, on the fifth of the Kalends of July, after the Consulate of the most illustrious Belisarius.