THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XIII ~ |
CONCERNING PRAETORS OF THE PEOPLE. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Same Emperor to the Inhabitants of Constantinople. |
PREFACE. |
We
do not know the reason why the title bestowed by the ancient Romans
upon magistrates charged with the preservation of order has been exchanged
for another. For in the part of the country in which We were born, such
officials were styled Prefects of the Watch; and in the Greek language
they are called, We do not know why, Prefects of the Night, just as
if it were necessary to call them to the discharge of their duties at
sunset. The name of night seems to be added to that of Prefect, for
the purpose of designating the officer whose duty it was to patrol the
streets, and preserve order during the hours of darkness, but We think
it is advisable to change this name; because, if the offices could be
divided, and the Prefect of this Most Fortunate City only took cognizance
of acts committed during the day, and another should be appointed having
jurisdiction over offences committed during the night, a conflict of
authority would inevitably result. Hence all. magistrates dislike this
obscure and unintelligible title of Nocturnal Prefect, and regard the
discharge of its functions as resembling a penalty, thinking that such
an office is unworthy of appointment by the Emperor. |
CHAPTER I. |
Therefore
We, having carefully considered this matter, have come to the conclusion
that this public employment should be entirely recreated, and committed
to persons who may administer it without any reference to their nocturnal
duties; for they shall hereafter have jurisdiction by day as well as
by night. (1) Hence, as the name of Praetor was very acceptable to the ancient Romans, We have thought that that of Praetors of the People should be conferred upon officials whose duty it is to maintain public order, as well as to suppress popular seditions. And just as the other Praetors preside in the Senatorial Court, where questions having reference to guardianships, freedom, and other matters of this kind arise, in like manner, the Praetors whom We create shall have jurisdiction in cases in which the rights of citizens are involved, and they shall hereafter be called in Latin, as well as in Greek, Praetors of the People. The designation of Praetor is as honorable as that of Consul, and, indeed, does not differ greatly from the latter; it is connected with the law, for the Praetors are obliged to publish edicts, they decide the law in unison with it, and they are attached to the Consulate. Thus, as formerly the Consuls presided over the principal curia, and were at the same time the princes of the people who governed them, so, likewise, there are at present Praetors who discharge in the Senate the official functions which We have just referred to, and at the same time the Praetors of the People will be charged with the preservation of peace and will provide for the public welfare. (2) This office, indeed, was one of great dignity and honor in ancient Rome, and was exercised with distinction not only under the Emperors, but for a long time afterwards; and the Great City in receiving it was far from considering it as unimportant. We have not been able to ascertain the time when any of these offices at the disposal of the government we're not thought to be entitled to the same respect; they were, by degrees, divested of the eminence once attaching to them, and being no longer bestowed by the Emperor, they passed under the control of the Prefects of this Most Fortunate City, from whom their incumbents received orders; the consequence of which was that the duties of this branch of the magistracy were very badly performed. If, however, anyone should compare the conduct of public affairs in ancient times with that of the present day, in this respect, he will learn that a private tribunal of cohorts existed which possessed almost all the attributes which now attach to the municipal magistracies. |
CHAPTER II. |
Therefore,
We, having given the subject due consideration, hasten to restore everything
to its former honorable condition, and promulgate the present law, in
order that thefts and associations of thieves may be less frequent,
and that the decisions of magistrates, being no longer based upon unworthy
motives, may cease to be regarded with contempt. For as pecuniary cases,
in the determination of which litigants do not run any other risk than
that of losing their money, are heard by magistrates of superior rank,
and We take particular pains to see that cases of this kind are disposed
of, there is still more reason for Us to exercise every precaution in
the appointment of officials, whose duty it is to decide concerning
the lives of Our subjects, because when they condemn any of them to
death, they can no longer restore to him that of which he has been deprived. |
CHAPTER III. |
Hence
We decree that We Ourself shall appoint the Praetors of the People,
and that no one can exercise the functions of this office unless by
virtue of Our Imperial Letters. We shall only select for this place
the illustrious or respectable Consistorial Counts or the distinguished
Praetorian Tribunes and Notaries, or such other persons as have already
been in office, and whom We regard as qualified, and worthy of Our confidence;
which rule We establish in order that the Praetors of the People may
practice what is honorable in all things, and especially in the administration
of justice; since, when hearing cases of homicide, adultery, felonious
assault, robbery with violence, and other crimes of this kind, they
have the right to inflict the penalty of death. (1) Hence it is necessary for magistrates having jurisdiction of offences of this kind to be honest, irreproachable in character, and worthy of public confidence; and they must abstain from extortion, or the acceptance of bribes, and keep their hands clean. They shall have a Council which has been approved by Us, and will receive an annual salary of a certain sum of solidi sufficient to prevent them from having recourse to theft or venality, beyond which they shall be entitled to no compensation whatever. (2) No money or presents of any kind shall be bestowed upon anyone for the purpose of influencing his decisions, as was customary in former times. For he who gives anything to a magistrate because of his office is guilty of a crime equal in its enormity to that of which the magistrate himself is guilty who, in consideration of the money given him to render judgment in a criminal case, decides in accordance with the oath of the defendant. |
CHAPTER IV. |
We
have learned that the Prefects of the Night Watch have been in the habit
of employing persons of bad character, such as informers, poisoners,
pickpockets, and a number of other criminals whom it is much more preferable
to punish than to afford a living in this way. Such informers do not
accomplish anything beneficial, as the thieves know who they are, and
this enables them to steal with more safety, and corrupt their judges.
Hence those whom We now appoint to the Prefecture of the People shall
hate and avoid persons of this kind, and make use of agents who are
of good reputation in the prosecution of thefts and other crimes, clear
the city of robbers, and only employ men who are skillful — whom, however,
they should treat with severity — to arouse their fears, and compel
them to perform their duties with diligence and good will. If the Praetors
properly discharge their duties, there will be no thieves; stolen property
will be easily recovered; those who are guilty apprehended; their number
will be diminished; and they will have cause to fear a body of magistrates
whom no one can purchase with money. The Praetors of the People shall
take cognizance of all crimes, no matter how serious they may be; they
shall repress popular seditions; and being obedient to Our orders should
render themselves worthy of honor; the inferior judges shall, in their
turn, exert themselves to assist their superiors in rank, and do everything
with a view to meriting the esteem of the Imperial Government, and the
respect of all good citizens. (1) If a fire should happen to break out in this city, at any time (which, however, is something We do not wish to occur), the Praetors are required to be present and take measures to prevent thieves from stealing the property of the unfortunates whose houses are burned, and to save as much as they can from the violence of the flames. If they are diligent in performing their duty under such circumstances, the increased distinction of their office will be reflected upon them, and they will see how much better it is to act honestly than to incur contempt by employing numerous persons in the commission of injustice; and they will also learn that gain acquired in an unlawful manner is of no permanent advantage, and that what has been improperly obtained is soon lost. Thus, by appointing Praetors of the People for Our subjects, We have intended to provide for their welfare, so that they may receive the benefit of an honest administration. The said eminent Praetors of the People shall have the advice of a Counsel worthy of their office, as We have previously stated. |
CHAPTER V. |
We
decree by the present law that twenty soldiers and thirty firemen shall
assist the Praetors of the People, shall obey their commands, and be
authorized to arrest any persons behaving improperly, as well as to
maintain public order. They are hereby notified that, if they discharge
their duties as they ought to do, they will have the aid of God and
enjoy Our approbation, as well as deserve a longer term of office; for
who indeed would wish to remove anyone who acts with propriety and justice? |
CHAPTER VI. |
Whenever
the Illustrious Prefect of this Most Fortunate City sends anyone to
be punished by the Praetors of the People, the latter shall ascertain
with certainty the rank and position of the culprit; the reasons which
have induced him to kill a man, to deprive him of some member, or to
perpetrate any similar offence; they can obtain their information from
the Prefect himself, if the latter is aware of the circumstances; and,
after their investigation, they must condemn the accused person by a
just sentence either to the loss of life, or of one of his members. (1) As We concede to the respectable Praetors of the People such dignity as may render them worthy of holding their office from Us, and as We grant them subsistence, a title suitable to their rank, and the other advantages already mentioned, We, on the other hand, require them to serve Us with honesty and vigilance, and perform their acts with pure and disinterested motives; because if they should be guilty of malfeasance, of theft; or of giving thieves immunity and not using every effort to detect them; or if they should subject honorable men to the penalty of death; and if, in conclusion, they should not expel persons guilty of minor offences from this city, the Capital of Our Empire, they are notified that they must render an account of their behavior, not only to God, but also to Ourself; that they will be responsible for all the evils which Our subjects may suffer; that they will incur Our indignation, and be rendered infamous, as well as be dismissed from the office which We have bestowed upon them. For We perform great labors and incur great expense, in order to preserve Our subjects from false accusations, and to prevent them from losing their lives or their fortunes, without knowing why this has taken place. |
EPILOGUE. |
Therefore,
this law having been brought to Your attention, and being convinced
that We have omitted nothing therein which may be advantageous to you,
you must pray for the prosperity of Our Empire which protects you, and
provides for the welfare of everyone, thus extending its paternal care
over all of you. This law shall be communicated to all the citizens
within the jurisdiction of Constantinople. |
Given at Constantinople, during the tenth of the Kalends of October, during the Consulate of Belisarius. |
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