THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXVI ~ |
CONCERNING THE PRAETOR OF THRACE. |
|
( 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. |
It is an admitted
fact that when anyone mentions the country of Thrace there straightway
arises in his mind a spirit of courage, and a desire for war and battle.
And, indeed, such a desire is innate in this people, and is, as it were,
an inherited attribute. For this reason We first determined to establish
better conditions in that country, and, after having long considered
the subject, We have finally drawn up the present law. We are
aware that two Vicegerents are stationed at Long Wall, one of whom is
in command of the military (for there are a great number of soldiers
in that neighborhood), and the other has charge of civil matters. But
as one of them performs the duties of Most Glorious Prefect and the
other those of General of the Army, they never agree among themselves;
and although the Treasury furnishes them with subsistence and other
emoluments separately, they, nevertheless, encroach upon the jurisdiction
of each other so that controversies incessantly arise between them. |
CHAPTER I. |
Therefore,
it has appeared advisable to Us to treat Thrace as We have treated other
nations, although the people are not so fierce or so much in need of
military government as those referred to; for We do not desire that
two officials having respectively civil and military jurisdiction should
any longer exist in Thrace, hence We now combine the two offices into
one, which We entrust to a single magistrate of eminent character, who
is worthy of respect, and will not only discharge the civil duties of
the place, but will be careful to preserve proper military discipline,
as anyone who performs the functions of Governor alone is not invested
with sufficient authority for this purpose. (1) If, however, the care of this region, the administration of all its affairs, and the preservation of order, as well as the command of the army require the service of a good man, and one who cannot only control the soldiers, but also issue orders in conformity with the laws, what name would be appropriate for Us to confer upon a place of such importance? How shall We designate the official appointed to this magistracy? Is it not clear that, just as the ruler of Pisidia and the supreme magistrate of Lycaonia have been created and appointed by Us, so also, in this instance, the official should be called Praetor joined with the name of Our majesty? For if the ancient Praetor of the Romans occupied the same position under the Republic as under the Empire, it must be admitted that no title is so applicable to this magisterial office as that of Praetor, since this dignitary commands the soldiers, and has not a few towns subject to his jurisdiction, in which he dispenses justice in accordance with Our laws. Civil as well as military affairs require the services of a man of high character in these places, for in the early days of the Republic soldiers were always appointed to great offices; they not only commanded the army, but also governed Our other subjects at the same time, even though the latter were not enlisted in the army. Finally the invasions of barbarians demanded the adoption of more stringent measures, and it became advisable for the administration to be entrusted to a magistrate who could rule in accordance with Our laws, as there is a great difference between the maintenance and the disregard of order; and it is evident to everyone that when military power alone is exercised it exceeds the limits of propriety, and becomes too bold; while, on the other hand, a purely civil administration, when not supported by a military force, will be deficient in authority; but when both of these forms of government are united in the same ruler, the management of public affairs becomes more perfect and effective, not only for the prosecution of war but also for the preservation of peace. |
CHAPTER II. |
Hence
the two administrations of this province shall be united, and the official
invested with the government of the same shall be designated the Justinianian
Praetor of Thrace. We grant him the insignia of his rank both by means
of the commissions issued here like those given to spectabile
magistrates, and by Imperial instructions which prescribe the method
of governing the province, which said instructions Our predecessors
called mandates of the sovereign, and were delivered to those who drew
the provinces by lot, for the purpose of informing them of the manner
in which they should discharge the duties.
The office of Praetor has always been regarded as one of the highest
dignity; it has increased the greatness of the Roman name among many
nations subject to Our Empire, especially in the West; and it is through
the agency of the Praetors that the Romans have added to their dominions
almost the entire North, South, and a large portion of the East. You
will communicate the provisions of this law, having reference to the
government of provinces, and whatever We have also decreed concerning
the Praetors of Pisidia and Lycaonia, to all persons, so that these
magistrates may be appointed gratuitously, and may also, without reward,
devote themselves to the welfare of Our subjects; and there is all the
more reason for this, as the law referred to applies to Our entire Empire,
and is well known to everyone, for it prescribes the oath to be taken
by Our magistrates when they assume their official duties, and by means
of it they devote their souls to God, and promise to govern Our subjects
with equity and justice, as well as to refrain from all corruption,
enmity, and partiality. (1) The court of the Praetor of Thrace shall be composed of a hundred persons, and the Praetor shall be invested with the insignia of both military and civil magistracy. In addition to this, an adre-sponsus shall be assigned to him who shall have charge of the army stationed in that region, over which he shall have full command, and which the Praetor shall be authorized to make use of in every way which he may think will be to the advantage of the Government. (2) The levy of taxes in that region shall be made by the Praetor himself and his subordinates, and the entire body of the latter shall be given the name of praetorian, and shall be appointed by letters issued by the Imperial Secretary's office, whence in former times the members of the viceregal court also received their authority. |
CHAPTER III. |
The
Praetor must be careful, in the first place, to keep his hands clean
from the acceptance of either bribes or presents, and afterwards,
in public as well as private,
to show himself to be just in every respect towards Our subjects, whether
they are involved in litigation, or enter into contracts with one another;
and he must take measures to prevent them from engaging in disputes.
He must also employ his soldiers in military exercises, in order to
render them more efficient and active; he must govern the other inhabitants
in accordance with law, to the end that they may become just, and free
from all wickedness and malice, by which they may the more readily be
induced to practice equity, virtue, and courage; and when a military
expedition is undertaken, he shall see that it is despatched as quickly
as possible, and that every cohort is at hand, as the civil officials
should co-operate with the military for the purpose of counter-acting
any hostile operations of the enemy. (1) Again, this magistrate must hear and determine all pecuniary, criminal, and other cases justly and in accordance with Our laws, without evincing any partiality, and not give any occasion to litigants to annoy Us with their importunities; for We are unwilling for Our subjects, when oppressed by their Governors, to be compelled to abandon their provinces in order to have recourse to Us. If, hereafter, the people of Thrace should appeal to Us for any reason, We shall carefully ascertain whether they have already brought their cases before the proper official in their province, and if We ascertain that this has not been done, We shall send them back with a severe reprimand. But if, after having made application to the Praetorian Tribunal, the magistrate has neglected to render judgment, or, if influenced by some dishonorable motive, he has not decided in accordance with law, We shall then devote Our attention entirely to him. For as We increased the power of the Praetor (that is to say, as We conferred upon him the functions of two offices) and have placed him in control of such a great multitude of men, if We should find that he has acted in any unworthy manner, We shall not overlook the fact, nor shall We impose a moderate penalty upon him; and as We shall exalt him if he discharges his duty properly, so We shall inflict the more severe punishment upon him when he does anything contrary to law. He must show no partiality whatever for anyone, no matter what his rank may be or what wealth he may possess; and We appoint men of distinction and authority to places of this kind in order that it may not be necessary to favor those who desire to make use of their wealth to inflict injury upon others. |
CHAPTER IV. |
The
Praetor of Thrace shall see that the public works do not suffer any
damage, for instance, the harbors, walls, bridges, and highways; but
he himself must provide for all necessary repairs where the civil revenues
are sufficient, and if any greater expenditures are necessary, he must
inform Us of the fact, and accounts must be rendered, just as has already
been prescribed by one of Our laws. Nor do We wish that persons who
are ordinarily charged with the inspection of watercourses, and the
repair of gardens, walls, pictures, and other things of this kind, should
be sent from your prefecture (which indeed We have already
prohibited) into the province; but the Praetor himself must ascertain
what should be done, and render an account of the expenditures for repairs,
in accordance with Our Constitution. (1) But if We should determine to place another in charge of this office, We shall do so by means of a pragmatic sanction, which (if it seems advisable) shall be addressed to your prefecture. For, in order to prevent Our subjects from incurring too much expense, and because We are aware of the great power of money, and have made ample provision for the subsistence of Governors, their courts, and all their attendants, as is customary, We do not desire them to commit any discreditable acts on account of poverty or for any other similar reason, but honored with distinguished rank, and being members of the eminent body of the Senate, they should govern their provinces, having the glory of God and the memory of Ourselves constantly in mind. If the Praetor does not in any respect disobey what We have commanded, he will greatly increase his reputation. (2) And, as the ancient Romans only appointed men of consular rank and Praetors to govern provinces, We do not do anything contrary to good morals when We designate persons for such a purpose who, repressing the yiolence of collectors of taxes, that, sent from here, seek to oppress Our subjects, can in this way render themselves useful in case of necessity. We confer upon the Praetor of Thrace power to investigate and prevent things of this kind, and thus correct these abuses, and his secretary shall inform Us of their existence, in order that if the Praetor should be unable to remedy them, and the case demands it, Our authority may be interposed. |
CHAPTER V. |
We
admonish magistrates by Imperial mandates, which We communicate to them
along with the insignia of office, to remind them of the oath which
they have taken, as well as of the instructions which We have communicated
to them, so that if they desire to show themselves worth of Our approbation,
they will lead proper lives, and, in accordance with Our laws administer
the offices bestowed upon them. We have conferred authority upon these
magistrates subject to the abovementioned condition, granting them (as
has already been stated) full power to act, and render decisions in
pecuniary, criminal, and all other cases; and appeals should be taken
from them to Our Most Glorious Prefects and Quaestors, who shall decide
them in the same way that they do cases referred to the Imperial Palace.
Where in this province a case in which a sum less than fifty aurei
is involved is taken up on appeal, and it was originally decided by
a judge appointed either by Us or by the Praetor (provided the magistrate
is not one of the rank called spectabile), the appeal shall
be taken to the Praetor, who shall hear it in accordance with the procedure
of the Imperial Palace. For We honor his office in this way, and place
him upon the same footing as the Count of the East, the Proconsuls,
and the Counts of Phrygia and Galatia; and if he is of the above-mentioned
rank, as the magistrates of these provinces are, he can render judgment
in the same way. Our law does not diminish the importance of the office
of Governor, but the Praetor shall himself be charged with the execution
of the laws in the province; that is to say, he shall exercise the same
functions in the jurisdiction which We have just conferred upon him. (1) A notice has also been appended to this law which establishes the sums to be paid by the Praetor for his commissions, and fixes the salary given him by the public by way of subsistence. We do not permit him to accept anything beyond that amount, and he must avoid making any profit, for if We grant liberal allowances to magistrates, they must indemnify Us for doing so by consulting the welfare of Our subjects, and always be mindful of the oath which it is customary for them to take. We desire the present law to be recorded in the Book of Constitutions, and after having received it, you will see that it is perpetually observed hereafter. The Praetor of Thrace shall be entitled to three hundred solidi by way of subsistence, capitation, and salary; his assessor shall have seventy-two solidi; and his attendants fifty-two; but, on the other hand, the Praetor shall pay for his commissions the following sums, viz.: to the three chartularies of the Imperial Bedchamber nine solidi; to the Chief of the Illustrious Tribunes of the Notaries and the officers of the Laterculi, twenty-four solidi; to the court of the Most Glorious Prefect, for orders and other things, forty solidi. |
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