THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLVIII ~ |
CONCERNING
THE RELEASE FROM THE PAYMENT OF PUBLIC TAXES IN ARREARS. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
Antonius
Contius, Translator. |
PREFACE. |
The foresight
which We have displayed in the affairs of the Empire from the beginning
of Our reign, and the solicitude which We entertain for the government
which God has entrusted to Us, is manifest to all Our subjects. For,
having found the public oppressed with many debts, and reduced to the
direst penury, We Ourselves have assumed much indebtedness; have released
the State from all kinds of charges; and have quieted the army, which
was on the verge of revolt because of lack of subsistence. We have repelled,
as far as possible, the insults and incursions of the barbarians, which
threatened the existence of the Empire, and, in short, what have We
not done up to this time for the relief of Our subjects? Now We desire,
by means of this law, to make them participate in still greater benefits,
by releasing them from all the taxes which they owe. |
CHAPTER I. |
Therefore, extending
this act of Our benevolence to all Our subjects, We release them from
everything which they owe to the government for the time that has elapsed
since the eighth indiction to that of the present cycle; and We desire
that, up to this date, no taxes shall be demanded of them, whether the
said taxes are payable to the general or private office of Your Glory,
to the magistracies of the Imperial Praetors of Illyria, to that of
the Most Glorious Justinianian Prefect of the soldiers stationed in
Mysia and Scythia, to the Imperial Treasury, to Our private Treasury,
or to Our Imperial Patrimony, or, finally, to the Most Magnificent Superintendent
of the Households. We release all our subjects from the taxes which
they owe either in gold, silver, or any other commodities, which have
been incurred since the aforesaid indiction, and such taxes shall not
be collected from tenants, lessees, emphyteutas, or even the possessors
of property. |
CHAPTER II. |
We
except from the exercise of Our liberality all sums of money due to
soldiers and allies, for the reason that Our subjects will not profit
by this, but the officials alone, who are charged with the distribution
of the public money, will do so. Such property also will be exacted
which, publicly subject to the order of soldiers or allies, and consisting
of gold, silver, or other articles, has already been delivered by Our
subjects to receivers, collectors, or their representatives, for these
things shall be transferred to the magistracies entitled to them. Nor
do We accord the benefits of the present law to other persons who, having
obtained from Our subjects any sums in gold, or other property, since
the eighth indiction, and have not paid them into the Public Treasury
(when this should have been done) ; and We desire that the payment of
the same shall be made, for if, induced by humanity, We deem it advisable
to release Our subjects from liability for the taxes which they owe,
We do not grant this favor to persons who, having received the public
money, desire to defraud the Treasury, or those who are entitled to
it out of the same. But if, with a view to anticipating Our munificence
displayed in the remission of taxes, any receivers have wrongfully exacted
of Our subjects either bonds or sureties, or have changed their public
obligations into private ones, or have planned or executed some other
fraudulent act of this description, they shall not derive any advantage
from it, and must return the bonds to those from whom they received
them. All persons should give thanks to God and to Us, some of them
because, owing taxes, they have deserved Our indulgence; and others
for the reason that while they owe nothing more of this kind, they have
been relieved of all care, and will no longer (as frequently happens)
be harassed by receivers, on account of taxes previously due; and will
no longer be compelled to pay on property which has been lost through
their bad faith; but Our subjects shall enjoy perfect security up to
the beginning of the eighth indiction, and Our present liberality shall
be extended to them all. |
EPILOGUE. |
Your
Glory will, by means of edicts published in this Royal City, communicate
to all persons the provisions which it has pleased Us to include in
this pragmatic law. |
Given
at Constantfnople, during the nineteenth year of the reign of Our Lord
the Emperor Justinian, and the fourth after the Consulate of Basil. |
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