THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXIV ~ |
CONCERNING THE GOVERNOR OF PISIDIA. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Most Glorious Imperial Praetorian Prefect of the East. |
PREFACE. |
We
have thought that the ancient Romans never could have rendered their
government, which arose from such insignificant beginnings, so vast
and powerful, added to their territory (We had almost said) ihe entire
earth, and been able to control and protect it by their domination,
if they had not invested the eminent magistrates, whom they sent into
the different provinces, with great dignity, as well as with military
and civil jurisdiction, and had not selected such as were well qualified
and capable of performing their official duties. They designated these
magistrates by the name of "Praetors," an appellation derived
from the fact that they were preeminent and superior to others, not
only in the conduct of matters relating to warfare, but also in the
execution of the laws. In consequence of this, the places in which they
resided or publicly dispensed justice were styled Pretoria,
and the greater portion of the Edicts published orally by the Praetors
had the effect of statutes. Many Praetors governed Sicily, Sardinia,
and Spain, while others extended the Empire over land and sea, and ruled
the conquered countries. |
CHAPTER I. |
Bearing these things in
mind, and recalling with honor the ancient institutions of the Republic,
as well as the dignity of the Roman name, and being aware that the two
magistrates appointed for the administration of regions which have been
the hardest to control up to this time were neither of them perfectly
content with their condition, and that, on this account, in certain
of Our provinces subject to both civil and military jurisdiction, the
Governors were always quarrelling among themselves, and opposing one
another, and, instead of accomplishing something beneficial to Our subjects,
they, on the other hand, rather oppressed them, We have thought that
it would be preferable to unite the civil and military jurisdictions
into one, and again give the name of Praetor to the magistrate invested
with this authority, so that the same official would have command of
the soldiers in accordance with the title which he formerly enjoyed,
and would also be invested with the execution of the laws, which was
originally one of the functions of the Praetor, and that he would be
entitled to the emoluments of both offices, and have a single court
composed of a hundred subordinates (for this will be sufficient for
him) which would be styled the Praetorian Cohort, and be established
by letters issued by Us. Being thus invested with great dignity, the
Praetor would be terrible to robbers, and render it impossible for those
guilty of injustice to escape. He could accomplish everything through
his extraordinary power, and, as a law formerly promulgated by Us orders
all judges to have clean hands, he must obey it; and having taken the
oath he must govern in accordance with it, both in his military and
civil capacity. If anyone of Our glorious Consuls should happen to be
appointed to the aforesaid office, this would appear to be an imitation
of former times, when Consuls and men of consular rank drew lots for
provinces, as the Praetors are not much inferior to them, since they
have exalted the Roman name little by little, and increased its renown
to such an extent that God has never before conferred such distinction
upon any other Republic or Empire. We have investigated the origin of
the Pisidians, and have learned from ancient writers that this people
formerly exercised dominion over a large portion of the earth, and now
that this province needs a powerful and energetic magistracy (for it
contains a great number of villages, and a large population who are
especially seditious wlien it comes to the payment of taxes), We think
it necessary to give to a country inhabited by a dishonest and blood-thirsty
population of this kind, which, on account of its greed and wolfish
voracity, has been called Lycocranitse, a magistrate who will
leave here armed with proper power. And as this magistracy should include
both military and civil jurisdiction on account of the danger of revolt,
all the military forces in the province shall be subjected to its authority.
All the civil officials shall be called by and honored with the name
of Praetor, for who will not stand in terror of his name? And who will
not respect him, when civil and military jurisdiction are combined in
a single official, when he knows what his duties are, and that he must
obey the laws; provided he is well disposed and wishes to preserve his
life, being aware that, in case he is disobedient, he will immediately
be put to death, and the laws be enforced by arms? |
CHAPTER II. |
It
therefore is necessary for anyone who undertakes the duties of this
magistracy (for We always bestow it gratis, and without any payment
of money whatever, in order that the incumbent may, in every
instance, be free from corruption, and remain satisfied with those emoluments
alone which he received from the public, as Our first law has also stated),
to act with justice and honesty, and bear himself with a certain degree
of severity, but still with kindness towards those subjected to his
authority, as We have previously decreed, and banish from his province
homicide, adultery, the rape of virgins, and, in a word, all other offences;
and punish those who commit them as prescribed by Our law, without evincing
any respect for the malefactors, even though they may be men of high
rank; nor must he submit to those who offer no excuse for their acts,
or only give such as are abominable; but he shall maintain justice in
every instance, and regulate his conduct by Our enactments, rendering
judgment in accordance with them, so that Our subjects may also form
their lives and their rules of conduct in conformity thereto; and he
must, above all things, keep the fear of God and of Us in mind, and
never plan anything in contravention of Our precepts. We forbid him
to leave his province frequently and come here to annoy Us with unreasonable
communications, but he must hear all cases in the first place himself,
and decide them with a view to the importance of the office to which
We have appointed him, and he must so conduct himself in this respect
that no one will have reason to file charges against him on account
of his administration of the magistracy, being aware that if anyone,
after having applied to him, should not obtain justice, and be compelled
to refer the matter to Us, he will be responsible for the result of
the controversy which We shall subsequently determine, for as We have
honored him with an increase of authority, so, if We find that, in opposition
to Our intentions and wishes, he has abused his administration, We shall
inflict suitable punishment upon him, and in this way We shall serve
God as well as assist in the execution of the laws, whether he has been
guilty of dishonesty, or has acted illegally through the influence of
either favor or enmity; for We wish again to relieve Our subjects of
the evils which formerly existed, and, without being deterred by the
greatness of the undertaking, We have hastened to turn Our attention
to this subject. |
CHAPTER III. |
This
official must not only perform the duties which have already been enumerated
by Us, but he must see that there is a great abundance of provisions
in the towns, and that no citizen is without subsistence. He must inspect
the public works in the different cities, and not allow them to fall
into decay, but keep all aqueducts, bridges and highways in good repair,
and not permit the collectors of taxes to oppress Our subjects in any
way; and We forbid him to receive any of those orders which, in conformity
with a practice that We do not approve of, are issued by your court
for the repair of walls, the opening of public highways, and innumerable
other purposes. He shall not, under the pretext of orders of this kind,
or, for any other reason, permit anyone to inflict injury upon Our subjects,
nor shall he execute any decisions proceeding from your office, which
in any respect may be improper (for We
have already prohibited such things), but he alone must assume supervision
of all public works. If, however, in accordance with the provisions
of Our law, We should address a pragmatic sanction to your prefecture,
the Praetor must himself carry out what We have ordered to be done,
without any other person being permitted to annoy Our subjects, for
while We are rendering Our provinces more and more flourishing by increasing
the number of citizens, We do not wish a multitude of men to repair
to the capital who dare not return to their homes on account of the
iniquity of Governors. For this reason We order that Your Excellency
shall for the future not hold two distinct magistracies in Pisidia,
but that only one shall exist there under a Praetor, who shall possess
both civil and military jurisdiction and shall have charge of both public
and private civil matters, and be in command of the soldiers, so that
in this way he will enforce his authority by their aid, and on the other
hand, his military jurisdiction will be adorned by the law. No sedition
will hereafter take place in the cities, if for the future We select
for Praetor a man whom We deem worthy of both these offices which have
been combined in one. |
CHAPTER IV. |
Therefore
the Treasury will pay the Praetor of Pisidia the ordinary salary which
We in the notice appended to this law order that he shall receive. We
wish this magistrate to bear Our Imperial name, and that he be styled
the Justinianian Praetor. The body of Praetorian officials approved
by Our letters (as We have previously stated) shall be appointed, and
shall have charge of all affairs and persons, both civil and military.
This Governor and his subordinates shall also be responsible for the
collection of taxes, and he shall enjoy all the distinctions and insignia
which are customary, that is to say, the curule chair of silver, and
the axe and fasces; he shall also have among the soldiers an
adresponsus, to whom We grant authority over the soldiers of
that department, enjoining him to command them properly, preserve discipline,
and make use of them not only for the pursuit of thieves, but to retain
Our subjects in order and tranquillity. The
Praetor shall not permit seditions to break out in the cities, or the
counts to appropriate anything belonging to the Treasury, but he shall
have authority over all, without any exception whatever. This magistrate
shall be placed among those that are of intermediate rank, and be classed
with such as are designated spectabiles. Hence he will be invested
with all the attributes formerly possessed by Vicegerents and which
to-day attach to the Justinianian Counts of Pacatian Phrygia, and First
Galatia, as well as those of the Count of the East and the Proconsuls;
he shall also be a magistrate of the rank of spectabile, and
appeals taken from his decisions shall be decided here, as is customary
in the case of other spectabile magistrates, by the tribunal
of the Most Glorious Praetorian Prefect, with whom shall be associated
in the determination of causes the Most Glorious Quaestor of Our Imperial
Palace; for the reason that although this office is invested with a
military character, still, because it will hereafter also possess civil
jurisdiction, the same order which was formerly customary in the case
of magistrates of the rank of spectabile must be observed. |
CHAPTER V. |
As
We have recently stated in an Imperial Constitution that, where the
property in controversy did not exceed in value the sum of fifty pounds
of gold, appeals should be taken from Governors, and heard and determined
in the Imperial Audience-Chamber, We decree that where an appeal of
this kind is taken in Pisidia alone, from the decision of a judge whom
We have appointed, or from that of one of Our superior magistrates,
it shall not be brought before the Justinianian Count of Pacatian Phrygia
(which We have prescribed by former laws), but before the Praetor himself,
and be heard just as it would be in the Imperial Audience-Chamber (for
We also honor the magistrates in this way) and be permanently decided
by him, and not sent to this city, in order that We may prevent persons
who engage in litigation concerning matters of slight importance from
being subjected to inordinate expense. |
CHAPTER VI. |
In
order that the subordinates of the Praetor of Pisidia, or persons appointed
to other offices which We have established or shall hereafter establish,
may be informed of the manner in which it is proper for them to govern
their provinces, it has seemed proper to Us not only to give them the
distinctive insignia of their rank with their commissions, but also
to prescribe for them certain rules of official conduct, in accordance
with which they may govern their provinces (which preceding legislators
designated "advices to Governors") so that they might conduct
their administration with these before their eyes, and by means of them
Our subjects everywhere be benefited. Wherefore We order that instructions
of this kind shall be filed in the Imperial Laterculus and
with their commissions be delivered to the magistrates, who will take
the oaths which We have laid down in Our Constitutions, as well as observe
all the regulations which We have prescribed therein. A schedule appended
by Us to this law states the amount which the Praetor must pay after
his nomination, either to Imperial Laterculus, or to the Forum
of the Most Glorious Prefect, for the commissions of his office; and
also fixes the compensation which the Praetor himself and his assessor
shall receive from the public. Having taken personal cognizance of everything
relating to the consolidation of the magisterial offices in question,
the Praetor must, on his part, exert every effort to deserve Our esteem,
and appear blameless in Our eyes. This law shall be recorded in the
Book of Our Constitutions (for We order that it shall also be included
among them), and you will see that it is executed, and always observed
and recognized in the cases to which it has reference. Three hundred
solidi shall be paid to the Praetor of Pisidia by way of subsistence,
capitation, and indemnity; seventy-two solidi shall be paid
to his assessor; and fifty-two to the members of his court. The Praetor
himself must pay for the commissions of his office the following sums:
nine solidi to the chartularii of the Imperial Bedchamber;
forty-five to the Chief to the Illustrious Tribunes of the Notaries
and the laterculensii; three solidi to his assistant, and sixty
to the Cohort of the Most Glorious Praetorian Prefect for orders and
all other purposes. |
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