Unless We make haste to recall the defenders of cities to the performance of their duties, their ancient titles will no longer be applicable; for, as formerly, names indicative of their functions were given to magistrates, and that of defender certainly indicates that such officials were charged with seeing that no injustice was committed; so in like manner, in paternal language We style them defenders, because they were appointed to defend persons suffering from the acts of wicked men. When, however, the name of defender is treated with contempt in many parts of Our Empire, and is so despised that its use is rather considered an insult than a distinction; the reason for which is that it is not so much a judicious choice as pity which is responsible for such appointments, they being conferred upon obscure men who have nothing to live upon, and who obtain these employments by solicitation. Then, defenders are entirely dependent upon the Governors, by whom they are removed at will, without any reasons, or on insufficient grounds, and are then replaced by others, who are treated merely as holders of the position; and as many removals take place during the same year, the result is that the officials, the municipal magistrates, and the citizens themselves have not the slightest respect for the defenders, nor is any confidence reposed in the documents which they execute, and which the defenders themselves refuse to draw up if the Governor forbids them to do so; for, being absolutely subjected to his authority, they comply with his slightest inclinations. When documents are drawn up by them in the first place, they only do this for money; and then, as there are no archives in which these documents can be deposited, they are lost; and no monuments of former times are ever found in the possession of those who receive them, but when a demand is made upon their heirs or other successors, they either do not have them, or where any are found they are not worthy of consideration, or have been defaced to such an extent that they can no longer be deciphered. Therefore, as We have already decreed with reference to Governors, to whom We have granted great authority in the provinces, and who should exercise supervision over cities at a distance, We think that it is necessary to also regulate the conduct of defenders, and We believe that the relations existing between these officials will be advantageous to both, if We confer judicial authority upon the defenders of cities, for then the Governor of a province will be regarded as a judge of judges, and his office will appear more honorable than formerly, in accordance with the rule that the distinction of a superior magistrate is always increased in proportion to that of an inferior one.

  Notice is hereby given, in the first place, that no man shall be allowed to reject the appointment of defender, and that all the nobles of cities shall be required to exercise its functions regularly in their turn, for We have learned that in the early ages of the Republic this course was productive of great benefit, hence no person can decline this office, even when he belongs to the rank of those who are styled illustrious, or is invested with a military employment, or can plead some privilege bestowed by the Imperial enactments, or produces a pragmatic sanction authorizing such an exemption. A list of the principal inhabitants alternately eligible for the office of defender shall be drawn up, and when this list has been exhausted, each one of those included therein shall again begin to discharge the same public functions in his order; and this is provided in order that he who occupies this position in any city shall rather be considered as a judge than a defender. When the list is to be drawn up, all owners of property resident in the city, with the exception of those who do not have their domicile therein, shall be sworn.
  (1) The defender who is about to assume office shall swear to perform his duties in accordance with law, and without distinction of persons, and shall (as is at present the case) be confirmed by Our Glorious Prefect. He shall remain in office two years, after the expiration of which time he shall be replaced by someone else; the Governor of the province shall not be authorized to remove him, but if he should not discharge his duty properly, the prefects must be notified, so that he may be dismissed by the same officials who appointed him.

  We absolutely forbid Governors as well as defenders to cause substitutes for themselves to be appointed. For We do not wish magistrates in cities to be succeeded by any other persons than defenders, who alone shall represent them, and should exert all their efforts for the welfare of the cities in which they reside.

  All wills, donations, and other documents of this kind shall be registered by defenders; and no Governor of a province shall prohibit any instrument from being drawn up or published, for We do not grant permission for anything of this kind to be done. We think it would be most absurd for men to be compelled to refrain from necessary transactions, in accordance with the unreasonable wishes of the authorities; and We desire full liberty to be granted everyone to make any contract he wishes, and publish the same; and even if what is done has reference to the Governor of the province, or to any other official, it still shall not be forbidden. For those who are in charge of the government, or hold some position of responsibility, should conduct themselves so as not to prevent any charge from being brought against themselves, but, on the other hand, they should render their conduct so irreproachable that no occasion may exist for such- complaints to be made; and whether the Governor is in the city or not, no one shall be prohibited from filing documents with the defenders in any matter whatsoever, with the exception of such as are not in his jurisdiction, but belong to that of the Governor.
  (1) Again, the defenders of cities shall, along with the other officials charged with this duty, collect taxes, and if anyone should prove refractory, and refuse to pay what is due, they must draw up the papers necessary under the circumstances; and We order that this shall be done without delay; and also that they exercise strict supervision over persons of bad behavior, and obtain evidence against them. They must also repress all public sedition, and, in every respect, exercise the functions of judges, especially when the latter are absent; and all the officials of the province who are in the city where the defender exercises his authority are required to obey and assist him, so that where the Governor is away, his presence will not seem to be necessary. Defenders shall have a clerk subject to their orders, as well as two officers to carry their decrees into execution.
  (2) Defenders shall have jurisdiction in all pecuniary cases where the sum involved is not more than three hundred aurei; and Our subjects shall not be permitted to appeal to the illustrious Governors of provinces, where the amount in controversy is less than the aforesaid sum.

  A plaintiff shall not estimate the property in dispute in excess of its real value, for the purpose of avoiding the jurisdiction of the defender, and bringing his action before the Governor of the province. If anyone should commit an act of this kind, and the judgment shows that the property in litigation was worth less than three hundred aurei, and that its value had been designedly increased in order to bring the case before the Governor of the province, and prevent the defender of the city from deciding it, the plaintiff shall be liable to all the costs of litigation.

  Your Highness will, by means of special proclamations publish throughout the provinces in your jurisdiction the provisions which We have determined to enact and promulgate by means of this Imperial law, in order that everyone, no matter what his rank or fortune, may become aware that Our solicitude extends to all persons, and that there is nothing to which We do not direct Our attention. Your Highness will issue orders to the Governors of provinces, and they, as soon as they have received them, will see that in every city a list of the most distinguished citizens who are eligible to perform the duties of defender is drawn up (as has already been stated), and that general appointments are made followed by the prescribed oath; to the end that the names in the list may be determined, and that, for the future, defenders may continue to exercise their functions for the term of two years; and that, finally, when each one of those included in the said list for any reason fails to act, another may immediately be introduced in his stead (always after having taken the oath), whose selection shall be made by the bishop, the venerable members of the clergy, and other persons of good reputation in the city. These provisions, embodied in a general law, shall (as already has been stated) hereafter be complied with in every respect. Defenders who are at present in office shall, if considered worthy, be included in the list, and shall serve the remaining portion of the two years, and in case their term of office has expired, they shall be replaced by others, provided that they themselves are not reappointed for another term of two years. If, then, such defenders as are considered eligible have not served the entire two years of their term, they shall do so, and, after the said term has elapsed, none of them shall remain in office; and when (as has just been stated) a defender is reappointed with the consent of the entire city, and without any opposition, he shall serve another term of two years, at the expiration of which time he shall retire without being eligible to reappointment, until his term again arrives, which rule We establish in order not to confer too much authority upon anyone by the frequency and duration of his terms of office. This law shall be valid for all time, as We have drawn it up with the greatest zeal and care, and after having implored Divine assistance, We have communicated it to Our subjects.