THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XVII ~ |
CONCERNING IMPERIAL MANDATES. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Tribonian, Quaestor of the Imperial Palace and Ex-Consul. |
PREFACE. |
Your
Highness is aware how many legislators have, each one in a single volume,
written on the mandates of the Emperors in the ancient books
which enclose the laws of the Roman name. Therefore We, who have re-established
the already perishing and diminished respect accorded to legislation,
have determined not only to commission magistrates appointed to inferior
and intermediate administrations of no matter what description, whether
of judicial, consular, or higher rank, but, in addition to this, to
lay down certain rules in conformity with which they can exercise their
official functions in a praiseworthy manner. Hence We have composed
a book of instructions, which, written in both languages, is appended
to the present law. It is issued in both Greek and Latin, and addressed
to Our officials in the language spoken in the countries where they
perform their duties, in order that they may become familiar with their
obligations; and they must not neglect to comply with the salutary rules
which We have promulgated, but must employ them to govern Our provinces
and the subjects of Our Empire. Your Illustrious Authority, being charged
with the quaestorial censorship, will order these instructions to be
recorded in the book of laws, and deposited in the Imperial archives,
so that when officials receive them with their commissions, they may
not be ignorant of how they can render themselves useful to the government. Given on the sixteenth of the Kalends of May, after the Consulship of Belisarius In the Name of Our Lord Jesus Christ Our God, the Emperor Ciesar, Flavins, Justinian, Alananicus, Gothicus, Francicus, Germanicus, Anticus, Alanicus, Vandalicus, Africanus, Pious, Fortunate, Glorious, Victor, Triumpher, Always Adorable and Augustus. Although We have already stated in a law the manner in which those who are appointed to office should conduct themselves in the discharge of their duties, and have prescribed the oath to be taken by them, still, We deem it necessary to act with reference to you in the same manner as Our predecessors were accustomed to do, under the same circumstances, who issued certain rules called Imperial Mandates, directed to magistrates when assuming their offices, and which the latter were obliged to comply with. |
CHAPTER
I. MAGISTRATES APPOINTED GRATUITOUSLY SHALL PERFORM THEIR DUTIES WITHOUT REWARD, AND REMAIN PURE IN THE SIGHT OF GOD, THE EMPEROR, AND THE LAW. |
As
you have received your office without any expense to yourself, your
administration should, above all, be pure in the eyes of God, of Ourself,
and of the law; you must not attempt to profit by it to any extent,
either great or small; you will not engage in any transaction injurious
to Our subjects; you will remain content with the compensation given
you by the Treasury; and, together with Your subordinates, You will
observe the rules of law in every respect. In the first place, You must
vigilantly require the payment of the fiscal tributes; you must use
every effort to insure the payment of all demands due to the Treasury;
and You shall preserve at all times everything belonging to it; for
as We come to the relief of private individuals who are suffering injustice,
We also desire that the interests of the public may remain uninjured.
Hence citizens must be kept free from all oppression, in order that
they may easily and promptly pay their taxes; and if those who have
been guilty of fraud, and still remain indebted to the Treasury, from
this time forward discharge their obligations, they shall be released
from liability. |
CHAPTER
II. MAGISTRATES SHOULD TAKE CARE TO PREVENT SEDITION, AND SEE THAT PUBLIC TRANQUILLITY IS MAINTAINED BY PERSONS OF ALL RANKS. |
Next, it is proper
for you to see that the people do not foment sedition against one another,
and that peace is preserved in all the cities given Us by God; while
justice is dispensed from here to Our subjects, and Our conduct toward
them is not, under any circumstances, determined either by the desire
of gain, or by passion. |
CHAPTER
III. CASES OF INFERIOR IMPORTANCE SHALL BE DECIDED WITHOUT HAVING THE PROCEEDINGS REDUCED TO WRITING. THE PRESENT RULE GOVERNING THE TAXATION OF COSTS SHALL BE OBSERVED. |
In
the third place, you will endeavor to be mindful of equity in rendering
Your judicial decisions, and summarily dispose of all cases of inferior
importance, especially where the parties are of low degree; nor shall
the proceedings in such cases be reduced to writing. You will avoid
all unnecessary arguments, and only in a controversy where the property
in litigation is under the value established by Our laws shall you permit
the parties litigant to pay the costs provided they are able to do so.
Moreover, you will hear
and determine all causes gratuitously; you will use every effort to
prevent anyone from coming from a province to this city and annoying
Us with his complaints. For you are hereby notified that We shall examine
anyone who makes an appeal of this kind, and if after he has applied
to Us We should ascertain that he has been refused justice, Our indignation
will be directed toward you. But if he presumes to come to this Imperial
City without having previously appeared before You, We shall punish
him, and send him back without giving him an answer. |
CHAPTER
IV. MAGISTRATES SHALL NOT PERMIT THEIR SUBORDINATES OR ATTENDANTS TO COLLECT ANYTHING FOR THE REPAIR OF HARBORS OR PUBLIC MONUMENTS. |
In
the next place, it will be your duty not to allow any officials despatched
by Us, or by any other magistrate or court, to oppress Our subjects,
or extort from them anything more than is due. Where any requisition
of this kind is made, and a complaint is filed, you must obtain indemnity
for the person injured, and not permit anyone acting under orders of
any court whatsoever, which have reference to the repair of aqueducts,
harbors, highways, statues and walls, as well as the demolition of houses
that have been erected in public places, or other similar matters, to
do anything to the detriment of Our subjects, for We do not wish them
to suffer loss under such circumstances. You will see that everything
is done without injury, in all cases of this kind. If anyone who has
been directed to carry out such orders should come into your jurisdiction,
you must by no means receive him, unless he is the bearer of a written
Imperial pragmatic sanction, and even then, although you may acknowledge
it, you must not permit it to be executed before having notified Us,
and obtained a second order to the same effect. (1) You will also maintain the public works of cities in good condition, and obtain for the municipal magistrates the money necessary to repair buildings, bridges, highways, harbors, and other public works of the province in your jurisdiction; you will take good care of the ports and walls; and you will by all means give attention to, and cause to be performed, all labor beneficial to the people and advantageous to the towns. (2) The soldiers stationed in your province shall be subject to your orders, whenever you have need of them to enforce your decrees. If you should find them disobedient, you can inflict on them a suitable penalty, and will cause the inhabitants of provinces who have been injured by their acts to be properly indemnified. |
CHAPTER
V. CONCERNING CRIMES. |
You
will not permit persons guilty of crime to avail themselves of any privilege
in order to avoid punishment; but you should only manifest indulgence
toward those who are shown to be innocent of what they are accused.
You must severely punish persons guilty of homicide, adultery, the rape
of virgins, trespass with force and arms, and oppression; punishing
the culprits according to Our laws, in order that the penalties inflicted
may enure to the safety of all persons. (1) You must restrain all your subordinates, and not permit them to plunder Our subjects; for as they are under your orders, it will be supposed that they have acted in compliance with your wishes. (2) You will be careful in selecting your legal adviser, as well as all other officials attached to your service, and be sure to select a man of high character, and in every respect irreproachable, who will be satisfied with the salary paid by the Treasury; and if he should take any more than he is entitled to, and you should find that he is abusing your confidence, you must dismiss him from office, and select another adviser who, keeping his hands clean, will observe the law and the principles of justice. (3) You must conduct yourself both in public and in private in such a way as to cause terror to malefactors and persons who are slow in paying their taxes, and be gentle and kind to such as are quiet and prompt, treating them with the consideration of a father. |
CHAPTER
VI. PRIVILEGES INVOLVING THE PUBLIC FAITH OR SECURITY SHOULD NOT BE INCONSIDERATELY BESTOWED. |
You
must not grant too readily or for a protracted period privileges which
are established by oath, but this should only be done for a reasonable
time, and not longer than for thirty days; and this is provided to prevent
controversies among men from becoming interminable. If, however, you
should grant a privilege to anyone orally, and afterwards someone should
accuse him, you must keep your word to him, and have him brought before
you and examine the case, still allowing him his privilege; and if it
should be necessary to decide against him, you will do so and give him
the choice of one of two things, that is, of either absolutely rescinding
the privilege and himself executing the judgment, or, if he is unwilling
to do this, of being sent back to the place of asylum, and there having
your judgment executed, which you will have done with all due reverence
for the locality. |
CHAPTER
VII. THE RIGHT OF ASYLUM DOES NOT ATTACH TO HOLY PLACES IN CASE OF HOMICIDE AND OTHER CRIMES. |
You
will not permit homicides, adulterers, and ravishers of virgins to enjoy
the right of asylum in places where they have taken refuge, but you
must remove them, and cause them to be punished; for it is not proper
to show indulgence to criminals of this kind, as this right only applies
to such as sustain injury, to prevent them from being oppressed by unjust
persons. The privilege of taking refuge in temples is not granted by
law to criminals but to persons who are injured, and it would not be
possible for the protection of sacred places to be enjoyed by both those
who commit wrongs and those who suffer them. (1) You must see that the taxes are properly collected, even in the temples, as they are necessary for the maintenance of soldiers, as well as for the support of the temples themselves, and are useful to the entire government. The defenders and stewards of the churches will assist you in this matter, and must not oppose those charged with the collection of taxes, or permit them, on this account, to be subjected to any violence or resistance, as they are notified that if they should do anything of this kind, they will be responsible to the Treasury out of their own property. |
CHAPTER
VIII. TAX-COLLECTORS MUST STATE IN THEIR RECEIPTS THE AMOUNT OF THE PROPERTY SUBJECT TO TAXATION. |
You
will compel the collectors of taxes to state in their receipts the amount
of immovable property, that is to say, the number of teams or yokes
of animals, according to the method of enumerating them in different
parts of the country, on which, as well as on what land, taxes are levied;
as well as the amount of the latter, and whether it is payable in kind,
or in money. And you must notify all persons that, if they have not
complied with the laws previously enacted for this purpose, or the one
which is now promulgated, they will sustain great loss of property,
as well as the amputation of their hands. If, indeed (as is sometimes
the case), a collector should be found who says that he cannot estimate
the amount of property to be taxed, We think that such persons are undoubtedly
dishonest; however, neither the Treasury nor the taxpayer shall suffer
any loss on this account, for the Treasury shall collect everything
due to it without prejudice, and nothing more shall be collected from
persons who have discharged their obligations and obtained regular receipts;
for no one shall be oppressed, but the taxes shall be collected from
all who owe them and paid into the Treasury. Notice shall be given to
Our Prefects, to whom tax-collectors are required to show their registers,
and if any doubt should arise with reference to the latter, the Prefect
shall resolve them; and when the truth has been established concerning
these matters the tax-collectors shall be obliged hereafter to describe
in detail the various kinds of property subject to taxation, as has
previously been decreed by Us. (1) You will not permit officials of the curia or the census to be guilty of delay, and prevent the possession of land which has been sold from passing to the purchasers; but you will compel them to proceed without the change of ownership causing any loss of taxes, and whenever officers of the census state that the change of ownership should not be made, for the reason that the purchasers are insolvent, you will examine as to the truth of this allegation, without any expense ; and if the purchaser appears to be solvent, you will compel the officers of the Treasury to make the transfer of the taxes gratuitously. If, on the other hand, you should find that the purchaser is insolvent, you must compel the vendor to state in the conveyance that he will be responsible for the payment of the taxes for which the purchaser will hereafter be liable, for We are aware that this course is pursued in many of the provinces of the East. In this way no loss will result to the Treasury; the taxes will be paid by the possessors of the property; and it cannot be said that one holds it, while the other pays the tax on the same; for payment should certainly be made by the party in possession, and not by him who no longer has it. |
CHAPTER
IX. JOURNEYS MADE BY GOVERNORS SHOULD NOT BE A SOURCE OF ANNOYANCE OR VEXATION TO THE PEOPLE OF THE PROVINCES. |
If
We desire you to travel into another province, you must be content with
the salary which you receive from the Treasury, and not oppress Our
subjects by compelling them to pay your expenses. You must not use the
money of the province for this purpose, and neither you nor your subordinates
shall require the inhabitants to furnish you with transportation, but
you must travel with your own horses, and at your own expense. You must
obey what We have commanded, even though you do not pass beyond the
boundaries of a province, and some necessary occasion requires you to
go from one city to another. |
CHAPTER X. |
We
absolutely forbid Governors to send deputies into the towns of the provinces
under their jurisdiction, even though these deputies belong to the most
distinguished classes of the nobility. Nor shall you permit any soldiers
who may accompany you in your journeys to have their expenses defrayed,
for We desire them to pay them out of their own salaries. If, indeed,
they should not do this, but should take their expenses out of the taxes,
and require horses to be furnished them, Our subjects must be indemnified,
and you will see that the sums expended are deducted from the pay of
the soldiers at your own risk. |
CHAPTER
XI. GOVERNORS SHALL NOT OBEY ANY ORDERS HAVING REFERENCE TO RELIGIOUS MATTERS WHICH MAY BE COMMUNICATED TO THEM. |
You
will not permit anyone to. cause annoyance on account of religion and
heresy in the province which you govern, and you will oppose any order
having reference to this subject from being executed within your jurisdiction;
just as you will also, for the advantage of the Treasury, take care
to investigate all innovations which may be attempted, and not allow
anything to be done in religious matters which is contrary to Our orders.
Where, however, either through the agency of bishops or other persons,
an ecclesiastical controversy arises, you must hear and decide it along
with the metropolitan of the province, and dispose of it in a way agreeable
to God; preserve the orthodox faith; secure the indemnification of the
Treasury; and maintain the rights of Our subjects inviolate. |
CHAPTER
XII. WHERE PERSONS ARE CONDEMNED TO DEATH THEIR PROPERTY SHALL NOT BE CONFISCATED BUT SHALL PASS TO THE NEXT OF KIN. |
You
will, in every instance, provide for the punishment of those who deserve
it; you must not touch their property, but permit it to go to those
entitled to the same either by blood or by law, according to their degree;
for the property does not commit the crime, but those who possess it.
Up to this time, the order has been reversed; persons meriting punishment
have been discharged and deprived of their estates, and others whom
the law calls to the succession have been punished in their stead. |
CHAPTER
XIII. CONCERNING THE PROHIBITION OF EXERTING UNJUST PROTECTION. |
We
have ascertained that unjust protection is granted in Our provinces,
and wishing to correct this in every respect, We forbid any person to
assume the conduct of another's lawsuit, or to charge himself with contesting
the title to property to which he has no right, or of promising to defend
anyone to the prejudice of others, or with detriment to the Treasury.
You will not permit persons to act for the owners of property in this
way, for both the law and the Imperial favor should be sufficient to
enable you to exert all the authority requisite. |
CHAPTER
XIV. NO ONE SHALL PRESUME TO HARBOR SERFS BELONGING TO OTHER CENSUS TENANTS. |
You
will entertain great aversion for persons who harbor the serfs of others,
and you must compel them to return immediately what they have illegally
received; and if they should remain for a considerable time disobedient,
you will impose all the expenses of the province upon those having serfs
in their possession. Where the serfs are said to be in other provinces,
you will address public letters to the Governors of the same, stating
therein that they are fugitives, and requesting that they be surrendered
along with any property in their possession, and returned to the province
of which you are Governor; and you will punish those who have harbored
them by forcing them to pay the amount of depreciation suffered, through
the absence of the serfs, by the land to which they are attached. Hence,
they will make good the diminished value of the said land, and will
understand what it means to injure others. You will see that these provisions
are executed, whether owners of land have harbored the fugitive serfs,
or whether this was done by persons holding the property under lease
or by virtue of any other lawful contract; for both of them must avoid
obtaining what does not belong to them, thus wickedly profiting by the
injury of others. |
CHAPTER
XV. CONCERNING THE ASSERTION OF CLAIMS TO THE PROPERTY OF OTHERS. |
You
are hereby notified that to place inscriptions asserting a claim to
the land of others, or to inscribe a name as owner upon property in
a city which does not belong to the person who does so, is a dangerous
proceeding; and those who act in this manner are liable to have their
possessions confiscated to the Treasury. For if anyone should attempt
to obtain anything by the exercise of a right enjoyed only by the Government
and the Treasury, he shall be personally responsible, and his punishment
shall afford an example to others; and where he has any accomplices,
they shall be subjected to the same penalty. Therefore you will observe
all these provisions, being aware that Our opinion of you will be regulated
in accordance with your behavior, whether you are disobedient, or comply
with Our precepts and laws. |
CHAPTER
XVI. WHAT GOVERNORS SHOULD DO WHEN THEY FIRST ENTER THEIR PROVINCES. |
As
soon as you enter your province, all the people of the metropolis should
be assembled (We mean the bishop, the clergy, and the principal citizens),
and you will cause Our Imperial instructions to be recorded in their
presence, and post a copy of the same not only in the capital, but also
in the other towns in the province, transmitting them by means of your
subordinates without expense, so that all persons subject to your authority
may see that you obey these regulations, and show yourself to be worthy
of Our choice. |
CHAPTER
XVII. CONCERNING ARMS. |
If
you obey Our orders, you will exercise the functions of the office with
which We have invested you with more glory and for a longer time; above
all, if you were careful not to allow anyone, who is not a soldier,
to make use of weapons. If you do this, you will render yourself very
dear to God, to the laws, and to Us. Again, if any person attempting
to stir up sedition should, at any time, leave this great city either
alone, or in the company of others, and repair to the province which
you govern, you must make diligent inquiry concerning him, ascertain
the place of his residence, and inform Us of the same, in order that
if investigation of his conduct should be necessary, he can be brought
to this Most Fortunate City, and undergo the penalty which the law has
prescribed in such cases. |
Given
at Constantinople, on the sixteenth of the Kalends of May,
during the Consulate of Belisarius, 535. |
|