THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLIX ~ |
BISHOPS,
ALONG WITH THE NATIVES AND RESIDENTS OF PROVINCES, SHALL NOTIFY THE
EMPEROR WHOM THEY DESIRE TO HAVE AS GOVERNORS. THE SAID GOVERNORS SHALL
BE GRATUITOUSLY APPOINTED, BUT WILL BE REQUIRED TO FURNISH A BOND TO
THE TREASURY; AND WHERE THE BISHOPS AND INHABITANTS OF PROVINCES NEGLECT
TO ASK FOR A GOVERNOR, THEY CANNOT COMPLAIN OF HIM WHO IS SENT TO THEM
IN THIS CAPACITY, NO MATTER WHAT HE MAY DO WITH REFERENCE TO THE COLLECTION
OF PUBLIC TAXES. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
PREFACE. |
While
We are conducting the affairs of the government entrusted to Us by God,
We are exerting Ourself to the end that Our subjects may,
under all circumstances, enjoy the benefit of justice; and hence We
have proposed to Ourself, from the beginning, that whatever may have
previously been incomplete or diffuse, shall be amended and perfected
by Us. Therefore, being extremely desirous to take measures by which
both the Treasury and Our subjects may remain uninjured, and free from
loss, We have decided that We could readily accomplish this if We caused
the Governors of provinces, who have received their offices without
compensation, to furnish proper security to the Treasury that they will
perform their public duties properly and in accordance with law, and
that they will abstain from all injustice, gain, and every base and
illegal act. |
CHAPTER I. |
Therefore, to
prevent foreigners from participating in the administration of provinces
and thereby committing injustice, and to prevent Ourself from being
constantly annoyed by complaints of them, We direct the most holy bishops
and principal inhabitants of each province to unite in sending a petition
to Us, mentioning persons who they think are qualified to govern their
provinces. We shall confer upon the latter the insignia of their office
gratuitously; they shall be charged with the preparation of the public
and fiscal lists; and must promise to exact nothing contrary to law,
or commit any violence against Our subjects, and furnish sureties for
this purpose; and they must also agree to be content with their employments;
to diligently supervise the levies of taxes; to treat with gentleness
and kindness those taxpayers who are prompt in paying what they owe,
but to display severity towards such as are wicked and refractory, and
not use their offices for the purpose of pecuniary profit. For, having
their eyes constantly fixed upon the laws, they must dispense equity
and justice to all those who demand it, and, instead of impoverishing
litigants by expenses and protracted delays, they must dispose of their
cases quickly; they must prosecute those who commit crime, and inflict
upon them the penalties prescribed by the laws, and, finally, they must,
by all means, be upright. |
CHAPTER II. |
These
provisions not only relate to Governors; they also apply to the assessors
and officials of every magistrate, no matter who he may be. For if any
of them should act negligently in the collection of public taxes, or
should cause Our subjects loss, at the same time treating them with
insolence, such an official shall be deprived of his property and capitally
punished. For, God willing, Our only aim is that the provinces may be
governed by good laws, and that persons may reside there in safety,
and enjoy the blessings of justice as dispensed by the Governors, and
that the public taxes may be collected without any controversy; for
when this is not done, it will be impossible for the government to be
preserved. It is because of the pay received by them that soldiers are
enabled to resist the enemy, and defend citizens from the invasions
and cruelty of the barbarians, and protect fields and
towns from the attacks of robbers and others living a disorderly life.
It is also by means of taxation that the other cohorts receive what
is allotted to them, that walls are repaired, cities fortified, public
baths warmed, and, finally, the theatres intended for the diversion
of Our subjects supported. Thus the taxes paid by Our subjects are used
and expended, partly for themselves, and partly indirectly on their
account, for We do not derive any benefit from them, and are only charged
with their administration; still, We are fully rewarded for Our trouble
by the infinite blessings which Our Lord and Saviour Jesus Christ has
bestowed upon Us through the greatness of his clemency. |
CHAPTER III. |
Therefore,
through communicating these provisions, as it were by means of a public
crier, to all the people of the provinces, and thus affording them a
proof of Our benevolence and generosity, using every precaution to prevent
injury being sustained by Our subjects, We render God propitious and
favorable to Our designs. For if Our subjects, taking advantage of the
privilege which We grant them with reference to the selection of their
Governors, should entertain erroneous opinions, and their expectations
not be realized, they can blame no one but themselves. For when they
postpone choosing their Governors and presenting their names to Us,
they cannot make any complaint against those who are sent into the provinces,
if they should not act justly in the collection of public taxes; and
We forbid them to file any charges against them on this ground. Those
who have obtained from Us the privilege of selecting their Governors
— who, having obtained their offices gratuitously are charged with the
collection of public taxes — shall not be treated by them with injustice,
and whenever they do not exercise proper discrimination in making their
choice, they shall, under no circumstances, be given an opportunity
for reconsideration, or inform Us of their annoyances, or prove them.
Moreover, none of Our subjects
whosoever, whether he be illustrious or obscure, and no religious establishment,
church, infirmary for the poor, or monastery, shall be permitted, under
any pretext, to postpone the payment of taxes which are due. Nor do
We release from responsibility those who administer the affairs of the
government, or receivers of taxes, or the officials charged with the
collection of public tribute; for We prefer the common welfare to the
private advantage of those who basely desire to defraud the Treasury. |
EPILOGUE. |
In
order that the excellent regulations which We have prescribed may become
known to all persons, Your Excellency will publish them in this Fortunate
City and in the provinces, as well as in the most frequented place in
each town, in order that no one may remain in ignorance of the benefits
which the law enacted by Us confers upon the Treasury and Our subjects.
|
Given
at Constantinople, on the fifteenth of the Kalends of February,
during the eighteenth year of the reign of Our Lord the Emperor Justinian,
and the third year after his Consulate. |
|