THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CLXIII ~ |
CONCERNING
THE RELEASE FROM PUBLIC TRIBUTE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
PREFACE. |
Justice
and benevolence are the most excellent attributes of mankind : the first
grants to each one that to which he is entitled, and does not desire
the property of others; the second encourages compassion, and delivers
distressed debtors from the burden of their obligations. These
two things have a tendency to adorn and strengthen the Empire; to sustain
the government; and to render human life more admirable. Wherefore,
when We received the sceptre of empire from God, We were impressed with
a desire always to be conspicuous for Our good actions, and were convinced
that We should have Our reward in virtue and glory, in proportion to
the extent that We were useful to Our subjects. We are aware that loans,
and other obligations of this kind, have reduced men to great poverty,
and their possessions have depreciated to such an extent that they can
no longer yield an income to their owners, or afford them means to punctually
pay their taxes; nevertheless, extensive military operations, with their
attendant expenses, have rendered it necessary for Us to make frequent
assessments. We entertain such solicitude for the welfare of Our subjects
that We desire to afford a remedy for their poverty, but as this duty
is always before Us, We think that it is preferable to display indulgence,
to provide for the necessities of taxpayers in a manner which may be
agreeable to God, and to pay out of the Public Treasury such expenses
as may generally be required. |
CHAPTER I. |
Therefore, while
communicating Our desire to Our Lord Jesus Christ, and discharging Our
duty towards Him by making suitable efforts on this day of the salutary
Passion and Holy Resurrection, We offer to Him, for the benefit of the
country, the favor which We now bestow, by granting all cultivators
of the soil in general, as well as taxpayers (including the owners of
estates), an entire exemption from public tributes, to be divided into
four terms, that is to say, one-fourth of it in the new indiction, which
will soon begin; one-fourth in the tenth following indiction; one in
the eleventh, and one in the twelfth; thus diminishing, during each
one of these indictions, one-fourth of the ordinary taxes, labors, and
contributions which, under the head of tributes, are furnished in any
way whatsoever. |
CHAPTER II. |
We
also remit to Our subjects the payment of any taxes which may be in
arrears from the end of the last fifth indiction; and We order that
none of the contributions which We now remit shall be levied, whether
they are payable at the Grand Imperial Prefecture of the East, or at
that of Illyria, or at the capital of the Islands, or at the military
Prefectures of Scythia and Nicea, at the Treasury of Our Imperial Largesses,
or at the seat of government of any other magistracy; and We forbid
all decurions, receivers, secretaries, cohortals, palatines, collectors,
and contractors of public works, who are charged with the levy of taxes,
or the construction of public buildings, to make use of any fraudulent
artifice toward farmers, tributaries, or even the owners of estates,
in order to extort from them any taxes the payment of which We hereby
remit; or, having this in view, to renew any obligations for sums already
due, to require sureties to be furnished or
to accept acknowledgments. For We hereby annul every fraudulent act
already committed, or which may hereafter be committed, for the purpose
of thwarting Our munificence; and if anyone, in violation of Our wishes,
should collect anything which has become due since the fifth indiction,
without paying it into the Public Treasury, he shall be held strictly
responsible for the same. For if We are indulgent toward tributaries,
and release them from a portion of their indebtedness, this is in order
that they may benefit by Our liberality, and it is not intended that
those who receive the public taxes shall derive any advantage from it,
or profit thereby; the expenditure of the taxes (that is to say its
annual disbursement by the collectors for the purpose of meeting military
expenses) shall, however, under no circumstances, be diminished. For
it is necessary that the entire amount of grain and other supplies should
be provided for and imported, as is customary; but the value of the
fourth of the taxes, from which We release tributaries for four years,
shall be estimated and disbursed by the Public Treasury, together with
other tributes in money. What We hereby decree shall be equally applicable
to the provinces of Osdrcena and Mesopotamia, so far as tribute payable
in kind to meet secret and military expenses is concerned. The same
rule shall be applicable to contributions in kind which are designated
ploim.se, that is to say, transported by ships, and are levied in Lazica,
the Bosphorus, and the Cheromesus; for the said provinces shall receive
the price of them from the Public Treasury, as fixed in the Bureaus
of the Prefects of the district from which the said tributes are brought,
in order that the inhabitants of the said three provinces may profit
by Our indulgence. It will by no means be safe to neglect the delivery
of such tribute, for there are inevitable expenses (as We have already
mentioned) which must be incurred for the maintenance of government.
We are satisfied that great benefit will result to the State from this
manifestation of Our generosity, and that God will render Us fortunate
on account of actions of this kind. Any persons who presume to disobey
the rules which We have prescribed for the welfare of Our subjects will
run great risk with regard to both person and property. |
EPILOGUE. |
Therefore
Your Glory will, by means of proclamations published in this City, and
sent into the provinces, communicate to all Our subjects the matters
which We have been pleased to decree, in order that no one may remain
uninformed of Our munificence. |
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