THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  XXV  ~
CONCERNING THE PRAETOR OF LYCAONIA.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
  The Emperor Justinian to John, Most Glorious Praetorian Prefect of the East, twice Consul and Patrician.
PREFACE.
  When We consider what writers and historians have stated concerning the origin of the people of Lycaonia, and call to mind their extraordinary affinity with the Romans, which afforded such a good reason for their reunion, We thought that it was but just to give to this magistracy a rank superior to that which it had hitherto enjoyed. Tradition relates that, in ancient times, Lycao, who was King of Arcadia in Greece, lived on Roman soil, and that after having conquered the Enutrians, he, so to speak, founded the Roman Empire (We have reference to times much more ancient than those of Aeneas and Romulus), and a colony having been established in these parts, he seized a large portion of Pisidia, and imposed his own name upon it, calling this region Lycaonia after himself; hence it is but just that this province should be subjected to the government of one of the magistrates that the ancient Romans invested with so much honor and distinction, and that the authority of both the magistrates who governed the said province at that time (We allude to the civil Governor, as well as to the one having military jurisdiction) should be combined in a single official designated by the appellation of Praetor. This title is peculiar to the Roman government almost by paternal right, and was in use under the Republic even before that of Consul. For the ancient Romans called their Emperors Praetors, and at the same time invested them with military command; they obeyed the laws promulgated by them; and, afterwards, this magistrate, moderate in the exercise of both jurisdictions, displayed as much resolution in battle as he did in the enactment of laws, and the preservation of order.
CHAPTER I.
  Hence We are determined to combine these two administrations into one, and We designate the magistrate who is entrusted with them by the name of Praetor, so that the character of a magisterial office of this kind, to which such an appellation is given, may acquire great respect for the incumbent, and as he is not invested with a single office (such, for instance, as that of military or civil jurisdiction), but united both of them, he will show himself stern and severe when military affairs are concerned, but lenient and gentle in the administration of civil justice; and for this reason he will display a more terrible spirit towards malefactors, but will conduct himself in a more gracious and moderate manner towards persons who are honorable. We have established these regulations not without good reason, and have bestowed the name of Praetor upon the aforesaid magistrate alone, being induced to do so on account of the requirements, as well as for the benefit of the province. For, indeed, this country is inhabited by brave men, and does not in any respect differ from Isauria; it is, like it, situated in the centre of the earth, exposed to the rays of the sun, suitable for the pasture of horses, and supports numerous inhabitants and many horses; in it are many large towns, and it contains a multitude of men suitable for cavalry and for archers, whose minds are readily inflamed, who are prompt to take up arms, and are fit subjects for military government, because they are opposed to having their fortunes solely under the control of civil magistrates, whom they think should be despised; for bold men are unwilling to obey the law when it is not rendered formidable by a proper display of force. These considerations have impelled Us to appoint but a single magistrate, as We have previously done among the Pisidians, and to confer upon him the appellation of Praetor, together with Our name, for We desire that he shall be styled the Justinianian Praetor of Lycaonia, as is the case with those of Pisidia and other provinces. We also combine both courts over which civil and military magistrates formerly presided into one, designating it as the Praetorian Tribunal; and it shall be established in the accustomed manner by means of letters issued from the office of the Imperial Secretary, from which the Proconsuls received theirs; and We grant to the Praetor, as well as to his assessor and other subordinates — who are limited to a hundred in number — the salaries of the two offices, and fix the amounts thereof in the notice appended to the present law. Finally, the Praetor shall be entitled to an adresponsiis, or apocrisiary, whose duty will be to maintain order among the soldiers, and to this end We direct that he shall have the command of the other soldiers stationed in said province.
CHAPTER II.
  We shall send a man to discharge the duties of this office, who is of approved reputation, and of the same eminent rank from which those Praetors formerly were selected that adorned the Republic with their labors, who being a resident of Italy, will soon depart for his seat of government. This man must always be mindful of the requirements of his office, and, no matter how he may have obtained it, he must cause himself to be respected by Our subjects; he must render himself terrible to robbers and other malefactors, and always conduct himself with courage. For there is no doubt that he will discharge his duty with clean hands whenever he obtains his place gratuitously; and, moreover, the law recently enacted by Us orders all magistrates therein described to refrain from corruption (as they are sworn to do), to render judgment according to Our laws, and, in every instance, to dispense equity and justice to Our subjects. "It was under circumstances of this kind that the old Romans adorned their Republic, and obtained the domination of the world. For who is there who would not at the same time reverence and fear a magistrate of this kind, regarding him as exercising his functions in a twofold capacity, who can both readily execute what the law commands, and properly employ military force where it is violated in any respect?
  (1) We have been induced by the same reasons which existed in the case of the appointment of a Praetor to the government of Pisidia to give the same title to the Praetor of Lycaonia. For as he must, under all circumstances, receive his office without paying anything for it, and, remaining content with those emoluments alone which are bestowed upon him by the Treasury, in conformity with the former law promulgated with reference to the duties of Governor, absolutely abstain from base and avaricious conduct, so also he must show himself to be sincere and just in the administration of his office, and act in such a way as to maintain harmony in his province, by treating those subject to his rule sometimes with firmness and severity, and again with leniency, as circumstances may demand.
  (2) This magistrate must detest and punish all cases of adultery, homicide, and especially the rape of virgins, with extreme rigor; he must also punish other malefactors who are, as it were, afflicted with an incurable disease, without exception; and he should also endeavor to induce those who are less guilty to lead better lives. In addition to this, he must show no favor to anyone who is guilty of dishonorable behavior, even though he may be rich or enjoy high rank, for the reason that We have chosen him from among the latter class is that he may not find it necessary to treat with consideration anyone but Ourselves, and the laws, in accordance with which he must dispense justice, and regulate the affairs of Our subjects.
CHAPTER III.
  The Praetor must not abandon himself to idleness, or be guilty of injustice to anyone, lest the inhabitants of the province over which he has jurisdiction may be compelled to leave it, and incessantly annoy Us with their affairs. He must hear and determine all cases brought before him, and always remember the honor which We have conferred upon him; he must devote himself incessantly to the duties of government, in order to obtain Our praise and avoid being required to render an account of his administration. He may rest assured that, if any litigant having failed to obtain justice in a case in his jurisdiction should appeal to Us, We will send him back without giving him any answer. But We warn him that where any person applies to him without obtaining redress, and then has recourse to Us, the result of the decision which We shall render will make him responsible instead of the appellant; and as We have increased his authority, if We should ascertain that he is idle and careless, and does not properly avail himself of the power with which We have invested him, We shall come to the assistance of the law by prosecuting him relentlessly; and as he did not respect either Our instructions, Our laws, or the form and rank of his magistracy, We shall not show any regard for him, but shall take measures to compel him to improve his administration; and whether he be guilty of corruption, of partiality, or of violating Our laws, We shall call him to account for his acts, in order that it may not be said that in the treatment of Our subjects We are only influenced by pecuniary interest, or that We are sparing them for some other reason which may redound to Our own advantage.
CHAPTER IV.
  It is also necessary for this magistrate to take measures to maintain order in the towns under his jurisdiction; to prevent seditions from breaking out therein; to administer justice everywhere; and exercise the greatest diligence to avoid being too indulgent and lax in the maintenance of discipline.
  (1) Again, he must not neglect the public works in the cities of his government, that is to say, the aqueducts, bridges, walls, and highways ; he must keep them in good condition, or report the expense of the repairs to Us, so that this may be partly met by the civil revenues, and partly by Our liberality.
  (2) He must not permit Our subjects to be oppressed by collectors sent from here by officials of high rank, or anything to be extorted from them by persons who have been given orders which formerly emanated from your throne, and are injurious to citizens in moderate circumstances; which orders sometimes have reference to the repair of walls, highways, statues, bridges, and harbors; or provide for the renovation of public water-courses, and the cleaning of public places; as well as the demolition of buildings which have been erected where this ought not to have been done, and other matters of this kind which are extremely annoying to Our subjects; but the Praetor himself must discharge this duty, and cause the necessary labor to be performed without any expense to those under his authority. If, however, it should appear to Us that repairs of this description require special examination, We shall, under such circumstances, avail Ourselves of a pragmatic sanction addressed to you, by which someone else will be authorized to do the work. In this way Our subjects will be relieved; Our cities will flourish; their inhabitants will be greatly increased, and will not be compelled to flee from their country; and the fear with which they regard their Governors will no longer induce them to abandon their property.
CHAPTER V.
  Therefore Your Excellency will be aware that hereafter there will be only one magistrate in Lycaonia, and not two; that all the emoluments formerly given by the Treasury to the incumbents of both offices will now be paid to the Praetor and his subordinates, in conformity to the notice appended to this constitution; and this shall take place in the same manner as heretofore.
  (1) The collection of public taxes shall be committed to the officials of the Praetorian Tribunal, as well as to the Praetor himself, to whose authority they are subject; and he will be entitled to the insignia of both offices, although the greater portion of these are of a military character. He will take his seat upon the silver chair, the axe will precede him (for this is the emblem of consular power), and the fasces also will be borne solemnly before him; the entire army stationed in the province shall obey his orders; and he must be careful to suppress brigandage and protect persons who have suffered from injustice, and maintain peace and concord among Our subjects.
  (2) He shall not permit the Counts to levy public taxes or to take any part in their collection. He shall take rank among the spectabiles, even though he may be promoted to a higher office, for the honor of those who govern provinces is such that We do not think that the dignity of anyone is diminished when he is called upon to administer their affairs. Therefore it is proper for this official to be numbered among the spectabiles on account of the importance of the place which he holds, in which rank are also included the Proconsuls, and the Counts of the East, of Galicia, and of Phrygia.
  (3) He shall hear all legal controversies arising in his province, whether they be pecuniary, civil, or relating to freedom, and he can delegate his authority to other magistrates. Appeals from his decisions shall be heard in the same way as has already been prescribed in the case of spectabile magistrates, by the Most Glorious Praetorian Prefect and the Most Glorious Quaestor (as We stated in the beginning) ; the reason for which is that this office becomes civil by means of the laws to which We desire even military jurisdiction to be subordinated.
CHAPTER VI.
  In conformity to the law recently promulgated by Us, when, in a ease where the value of the property in controversy does not exceed five hundred pounds of gold, an appeal is taken from the decision of one of the magistrates of Praetorian jurisdiction, not the Count of Pacatian Phrygia (as We have previously stated) but the Praetor himself must hear it, even though the judge whose decision is appealed from may have specially been appointed either by Us, or by someone of high rank; and it will not be necessary, for the reasons already stated, for this judge to be spectabile; but the Praetor shall decide the appeal without (as was formerly the case) it being possible for recourse to be had to Us, and to prevent Our subjects from being compelled to incur great expense where the value of the property is insignificant. We give the Praetor information on these matters in order that he may learn properly to represent Us; We confer upon him not only the honor of his office by the commissions (for they are so designated) which it is customary to give to magistrates of spectabile rank, but We also communicate to him the Imperial mandates, which the ancient legislators styled "instructions to Governors." When We drew up these instructions We directed that they should be filed in Our Imperial Bureau of Records, in order hereafter to be delivered to the magistrates with their commissions, for the latter confer the authority, and the former indicate the way in which it is to be exercised. The notice appended to this Our law fixes the amount to be paid by the Praetor for his commissions, when he is appointed, and the salaries to which he, along with his assessor and his court, are entitled from the public. If Your Excellency should ascertain that the Governors of the provinces included in the jurisdiction of the Praetor of Lycaonia are negligent in rendering an account of the taxes, you will not remove them, but will notify the spectabile magistrates, in order that they may reprimand such Governors as are devoted to idleness, and they themselves see that the taxes are paid into the Public Treasury.
EPILOGUE.
  Therefore We order that the present law shall be inserted in the Book of Our Constitutions; it shall carry with it the eternal memory of Our benefits; and Your Excellency, as soon as you have received it, shall cause it to be enforced. The following schedule of payments is applicable to the office of the Praetor of Lycaonia. He shall receive by way of subsistence, capitation, and salary, three hundred solidi; his assessor shall receive seventy-two, and his attendants fifty-two. On the other hand, the Praetor shall pay for his commissions nine solidi to the Chief of the Chartularies of the Imperial Bedchamber; twenty-four to the Chief of the Illustrious Tribunes of the Notaries, and officials of the Laterculus, three to the assistant of the Chief, and sixty to the subordinates of the Most Glorious Prefects, for orders and other purposes.