THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXVI ~ |
NO
SOLDIER OR ALLY SHALL BE KEPT IN THE PRIVATE HOUSE OR POSSESSION OF
ANYONE. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The Emperor Justinian to Theodotus, Praetorian Prefect of the East. |
PREFACE. |
As
the benevolence of God has been evinced for the care of Our subjects,
military discipline has begun to be established, and this result
has been so thoroughly accomplished by Divine Providence that the impetuosity
of the barbarians has been restrained, and the affairs of the government
improved. But as certain persons have not paid sufficient regard to
their own safety, and have presumed to remove and employ for their own
private benefit soldiers and allies, who should be fighting against
the enemy for the defence of the Empire, We, by the present law, forbid
all Our subjects in the future to remove soldiers, no matter to what
corps of the army they may belong, or allies (in whose behalf We have
greatly exerted Ourself), with the intention of employing them in their
private houses or on their lands, for they have been trained in the
use of arms in order that they might promote the common welfare of all. |
CHAPTER I. |
Hence
all persons who have soldiers or allies either in their houses, or on
their estates, and employ them in any way whatsoever in private occupations,
are warned that if, within thirty days from the date of the promulgation
of this law in their province, they do not dismiss them, their own property
will be confiscated for the Treasury, they themselves will be deprived
of their offices and honors, and any soldiers or allies who remain with
them after the expiration of this term shall not only be stripped of
their military rank, but also be put to death. The
magistrates of each province also are notified that if they do not immediately
arrest soldiers or allies who have been found living in places subject
to the jurisdiction of collectors, or their friends, or any other persons,
or owners of property, or those who are employed on the lands or in
the private service of anyone whomsoever, and seize and subject them
to punishment and send the soldiers to the corps to which they belong,
and the allies to their own posts, they will be liable to a penalty
of ten pounds of gold, and will, in addition, be sentenced to exile,
as having presumed to disobey orders. Therefore no one can, for the
purpose of evading this law, avail himself of any Imperial Pragmatic
Sanction, or order of any of Our judges, or any other pretext of this
kind, but the soldiers must return to their commands with all haste,
and the allies repair to their posts, and both of them exert themselves
for the public welfare, as We absolutely forbid Our soldiers or allies,
in the future, to be occupied for the benefit of private persons. |
EPILOGUE. |
As
soon as Your Eminence becomes acquainted with the provisions which We
have been pleased to include in the present law, you will hasten to
have them published in this Most Fortunate City by means of edicts,
and in the provinces by proclamations issued for that purpose.
|
Given
at Constantinople, during the fifteenth year of Our Lord the Emperor
Justinian, and the Consulate of Basil. |
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