THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLVII ~ |
CONCERNING
THE REMISSION OF BALANCES DUE ON PUBLIC TAXES, AND THE ABOLITION OF
CERTAIN ACTIONS. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Ariobindus, Praetorian Prefect. |
PREFACE. |
Although We are
at present obliged to incur expenses which are in excess of the resources
of the Empire, still, through the goodness of God, We are enabled to
obtain what is necessary by means of tributes imposed upon barbarians,
as We provide for everything, and do not fail to display indulgence
to Our subjects on all occasions. How often do We release from unpaid
tribute those persons who, being in arrears, have presented petitions
to Us, and have made Us acquainted with their wretchedness? Not one
of Our subjects shall withdraw from Our presence without having obtained
his wish, and We can even refrain from saying this, as the Rescripts
granted to those who have received such benefits are sufficient proof
of the fact. But it would be contemptible and unworthy of Our government
to grant favors only to those persons who solicit them, and not to extend
Our indulgence to the country as well as to the towns, or to the provinces
alone, without including all Our subjects. |
CHAPTER I. |
Therefore
We now come to the bestowal of Our present favors, and decree that all
Our subjects shall be released from taxes for the entire cycle of the
past indiction, and for seven years of the cycle of the present one,
so that the indulgence which We extend to them shall continue for twenty-two
years, during which time no unpaid taxes can be collected. We adopt
this rule whether the said taxes are payable in gold, silver, wheat,
or any other articles in kind, and whether they should be contributed
to the Imperial Treasury by Our subjects, or the Prefecture of Illyria,
either by way of revenue, or for any other purpose. We extend Our liberality
to all Our subjects, and forbid anyone charged with the levy of tribute,
or sent by magistrates to collect taxes in arrears, as well as all public
officials or bearers of orders or commands, to subject them to any payment
for time which has elapsed. We
also wish that any of Our subjects who, during the time which We have
just mentioned, may have failed to obtain the supplies of grain which
are gratuitously furnished by the government, shall not be entitled
to claim them. On the other hand, We exclude from Our liberality, as
one stricken with a pestilence, any person who may venture to make such
a demand, and We abolish for the future all right of recovery of the
same, not only against Our subjects, but also against the government.
As the property which forms part of Our private domain, or Imperial
Patrimony, is entitled to the benefit of the present indulgence, it
is clear that tribute due for time which has expired shall not be demanded
of tenants, lessees, or emphyteutas, either by the collectors of public
taxes or by the Palatines themselves. What We decree, however, is only
applicable to tributes which are already due, and have not been paid
by Our subjects; for if they have been paid, and are already in the
hands of decurions, receivers, substitutes, or the officials in the
provinces charged with keeping accounts, they shall be held and preserved
for the public; for it would be absurd for what has been given by Our
subjects instead of being collected by the Treasury to enure to the
benefit of others. |
CHAPTER II. |
We
except from the provisions of this law all that which has been acknowledged
as due, or for the payment of which security has been furnished the
government by accountants, cashiers, or secretaries; for We do not include
such sums among those whose collection is released by Our indulgence,
because the Treasury considers them as part of its assets, and has,
to a certain extent, already collected them. We also except the supplies
which are owing to soldiers and allies, because they have no relation
to Our subjects, and it is permitted to recover them from the receivers,
to prevent their appropriation by them; and, for a much better reason,
We also except civil sums, and such as are set apart for public works
and are now due, not only in this Most Fortunate City, but in all the
other provinces; because it is inequitable that, when We disburse so
much money for the maintenance of the government, officials alone should
profit unjustly, prevent the provinces from enjoying Our liberality,
and deprive them of what they are entitled to for fortifications, or
that the cities should not obtain the sums destined for their adornment.
Although We detest persons
who are guilty of injustice, We cannot avoid being humane, so far as
they are concerned. Therefore We order that the exception which We made
in certain chapters shall become operative for all time before the first
indiction, that is to say, for sixteen years. We also release all Our
subjects in general, and without distinction, from the payment of any
taxes which remain due, and We grant them in this respect perfect security.
In bestowing this indulgence upon them, We have considered that We are
only showing reverence to Almighty God, who has inspired Us to do so;
and all Our subjects should, in the name of the Empire, manifest their
gratitude by their conduct. |
EPILOGUE. |
Your
Excellency will be careful to see that what it has pleased Us to promulgate
by this Imperial Law is observed and carried into effect.
|
Given
at Constantinople, on the day before the Kalends, during the
twenty-eighth year of the reign of Our Lord the Emperor Justinian, and
the third after the Consulate of Basil. |
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