THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXVIII ~ |
CONCERNING THE GOVERNOR OF THE HELLESPONT. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Praetorian Prefect. |
PREFACE. |
It is certainly
not the part of a well-established and powerful government without good
cause to alter and divide what has for a long time been settled and
confirmed, as the strength of an empire does not depend upon a multitude
of words, but upon the faithful and just administration of affairs.
We have ascertained that this rule has been violated with reference
to the two Provinces of Pontus, that is to say, the Hellespont and Polemoniac
Pontus; for they were formerly subject to the authority of a single
Governor, while at present there are two officials, without public necessity
requiring it, or anyone being able to give a good reason for their existence.
The proof that there is no good cause for this is that, up to this time,
the two Provinces of Pontus have only had a single Count for the collection
and expenditure of taxes; and if anyone should undertake to enumerate
the different towns situated in both of them, he would hardly find enough
for a single province. For instance, the Hellespont has eight: Amasia,
Ibora, Euchaita, Zela, Andrapa, Aegeum — whose climate, that is, its
agreeable location, has caused it to be included — Sinopa, and Amisus,
ancient municipalities, as well as Leontopolis, which formerly was numbered
among cities. Polemoniac Pontus contains five towns, namely:
New Caesarea, Comana, Trapezus, Cerasus and Polemonium, for Pitius and
Sebastopol should rather be included among forts than cities; and these
are the towns included in the two Provinces of Pontus. Lazica is situated
near them, in which is the City of Petraeon, which by Our favor, is
entitled to Our name and is styled Justinianian; and also Archaeopolis
and Rhodopolis, both large and ancient fortified towns, are among those
which We have received from the Persians; together with Scandis, Sarapanis,
Murisius, and Lusiris, and if, in addition to these, any others are
included in the country of the Lazi, We are not aware of the fact. Next
come the Tzani who, during Our reign, have for the first time been subjected
to Roman rule. This nation has several towns which have recently been
built, as well as others which are in course of construction. Then come
the Suani, the Scymni, the Apsiles, the Abasges, and others, who, with
the permission of God, have either been subjected to Our dominion or
included among Our allies. |
CHAPTER I. |
But as in treating
this subject, We have been brought to the consideration of different
countries, We now return to the two Provinces of Pontus and the projected
union of the same. We hereby establish a single province composed of
the two Pontuses, which include thirteen cities, and We grant them their
ancient form of government while retaining their modern appellation.
For they are called the Hellespont by everyone, which name was given
them by the Emperor Constantine, in memory of his most honorable mother
Helena who recovered for Us the sacred emblem of Christianity. The ancient
name of Polemon, which the greater number of the rulers of Pontus applied
to that province, shall hereafter be abolished, first, because it was
derived from that of one of the said rulers; second, for the reason
that the province itself contains a city called Polemon; and finally,
as it is better to designate Christian countries by the names of kings
than to call them Polemi, which word conveys the meaning of war or tumult. |
CHAPTER II. |
The
union of these thirteen cities into a single province will not have
the effect of depriving either of the two capitals at present in existence
(namely Amasia and New Caesarea) of that title; and the bishop of these
cities shall continue to be consecrated at Constantinople by the prelates
charged with this duty (as has been the custom up to this time), as
We make no innovations so far as the priesthood is concerned; for many
institutions of this kind having reference to bishops exist in every
province, some of which have been established for centuries, and others
We Ourselves have recently authorized. A single magistrate, ordinarily
designated Harmostes in Greek, shall exercise jurisdiction
under the title of Governor, but the name Governor is of high antiquity,
and worthy of the greatness of the Romans, while the term Harmost
was applied to a magistrate sent from Laca-demon with jurisdiction over
conquered cities. |
CHAPTER III. |
Hence
the official who undertakes this administration shall be called the
Justinianian Governor of the Hellespont, and will assume command of
the military forces stationed in that province. He shall also have an
adresponsus, to whom all men, no matter to what civil condition
they may belong, shall be subjected, without exemption on account of
any privilege. He shall hear all cases pecuniary as well as criminal,
and shall dispose of such as are insignificant in character, without
record or expense; and, so far as those of greater importance are concerned,
they shall be decided by him, and the proceedings recorded, but no other
costs shall be incurred than those prescribed by Our Constitution. The
said magistrate shall receive the emoluments granted to the two preceding
ones, which amount to seven hundred and twenty-five aurei;
he shall have only one court, and with it he shall be responsible for
the levy of taxes, for the reason that he is the only one appointed
for government in the province; his assessor shall be paid seventy-two
aurei out of the Public Treasury; and the two preceding courts,
which have been combined in one, shall be entitled to four hundred and
forty-seven and one-third aurei. |
CHAPTER IV. |
Moreover,
the official who is discharging these duties shall not despatch deputies
to the cities of his province (for the rules established by Our Imperial
mandates shall be observed), but he himself shall visit the said cities,
one after another, and he shall not be prevented from doing this by
any law or pragmatic sanction previously promulgated, even though a
former custom may have authorized something of this kind. He can establish
his residence wherever he thinks best, either in one of the capitals,
or in some other town, provided the latter is of sufficient importance
to justify him in doing so. He must abstain from all corruption and
illicit gain, and conduct his administration in such a way as not to
involve the inhabitants in unnecessary expense. For neither he himself,
nor any of his subordinates, nor any soldiers of his escort, shall accept
anything from taxpayers, or exact anything gratuitously, and he must
not molest Our subjects, or permit the soldiers who accompany him to
do so, for this forms part of the instructions which We have given.
He must always be mindful of the oath which he has taken, and that he
received the office without paying for it; and that if he is to prove
worthy of an increased allowance, he must never venture to accept any
gift, unless he expects to be compelled to return it, and be subjected
to severe punishment. Nor shall he permit any of his subordinates, under
any pretext, to exact anything, or accept it if it is offered. If he
does not see that the soldiers under his command are content with the
salaries paid them, he will not escape the effects of Our righteous
indignation, and will be forced to reserve enough from their pay to
indemnify any of Our subjects who have suffered from their impositions. (1) We desire these dignitaries of high rank to be invested with great authority, not only through the number of persons composing their retinues (the Court of the Governor of the Hellespont shall consist of a hundred officials), but also because of their personal distinction (for We confer the rank of spectabile upon the Governor of the Hellespont), so that, in case of necessity, We may be enabled to avail Ourselves of magistrates endowed with formidable power, who may be in a position to assist Us. What could the Governors of provinces accomplish under the ancient form of administration, when they had very few attendants, were invested with but little authority, received but small salaries from the Public Treasury, and paid out large sums of money in order to obtain their offices? They were obliged to steal, they constantly granted favors and benefits to their creditors, who had loaned them money to enable them to purchase their offices, and who constantly threatened them. The result of this was that Governors compelled Our subjects to sell their property in order to procure for themselves revenues which were precarious and dishonestly obtained. (2) This unworthy condition of affairs impels Us not only to reject the proceeds of the sale of public offices, but also to refuse to sanction the enormous expenses incurred by the payment of salaries to officials; and where any kind of magistracy was formerly conferred by Our predecessors in consideration of the payment of money, We shall provide a remedy for the evil, deliver Our taxpayers from this imposition, and pay out of Our own Treasury salaries to magistrates who have been appointed to office, and by so doing give them freedom. It is true that God has been liberal to Us in this respect, so that We have not only given peace to Africa and to the nations included therein, but He has also enabled Us to relieve from great expense and infamy peoples established, so to speak, in the midst of Our Empire, against whom a new action was instituted rigorously every year; and who, instead of being subjected to the authority of a single ruler, were, at frequent intervals, placed under the administration of new magistrates. We have thought that the privilege of remedying this abuse has been conferred upon Us by God, who has placed the Imperial crown upon Our head, and who, for the common welfare, has invested Us with the purple, through the medium of Our Father, and, in short, has been more generous to Us in every respect than to any of Our predecessors. |
CHAPTER V. |
The
magistrate appointed to this office is hereby notified that he will
be invested with the government of many men and towns; that he should
cause himself to be greatly respected; that the form of his administration
from being consular and correctional has been changed and rendered a
great magistracy; that he must consult the interests of Our subjects;
preserve them from all oppression; govern them without bribery; increase
the fiscal revenues and exert every effort for their preservation. He
must avoid avarice; abstain from accepting gifts; administer justice
to citizens in public as well as in private; visit the cities, and correct
any vicious practices existing there, and do nothing for the sake of
profit; he must not be animated by the desire of acquiring either a
small or a great reputation, but he must act in such a way as to acquire
one which is good and praiseworthy; he must religiously observe the
oath which he has taken; and, in conclusion, he must endeavor to render
himself acceptable to Us in every respect. (1) He shall also take care that no one in Pontus is permitted to place notices upon the lands or houses of others, because this right is one of the privileges of the Treasury; and notices of this kind are only placed upon the palaces belonging to Us, or to Our August Consort. If the Governor should ascertain that notices have been set up in the name of a third party, he must tear them down, and prosecute him who is responsible for it. Where, however, the notice has been affixed by someone claiming to be the owner of the immovable property, the Governor shall place a public notice upon said property, after having broken the others on the head of him who affixed them. But if this was done by an agent having charge of the property of others, the Governor must break the notice on the head of the latter (as We have already stated), and also subject him to moderate punishment; in order that the beneficiary of the illegal act may learn that neither he himself in person, nor through the agency of others, nor by means of anyone selected for the purpose of gratifying his avarice, will be permitted to commit any injustice against Our subjects. |
CHAPTER VI. |
In
like manner the distinguished Governor will be required to prosecute
thieves; men who make a practice of committing fraud; ravishers of women;
and robbers who take property, beasts of burden, and other things of
this kind by employing force; and he must preserve intact the rights
of those subject to his authority, in order that it may be evident that
We have made a good choice in giving him his appointment. Persons guilty
of such offences shall not afterwards be permitted to enter the province,
which will have no reason to regret that We have done away with the
officials formerly sent to suppress violence, and punish thieves, and
We have subjected soldiers to the commands of the Governor in order
that, with their assistance, he may be able to clear his province of
all kinds of criminals. |
CHAPTER VII. |
Our
wishes shall be communicated to the Governor in a few words, as he can
by reading the general law (which law We promulgated at the time We
established the rules for magistracies), as well as by familiarizing
himself with the instructions of the Emperors, readily ascertain what
must be done; as the said instructions, when given to him, will explain
the way in which he should discharge his duties. If he discharges them
properly, he will not only show himself to be grateful to Us, but at
the same time will devote his soul to God, and be able to hope for a
great reward for his beneficent administration. A notice appended to
the present constitution establishes the salaries which the Governor,
his assessor, and his subordinates shall receive from the Public Treasury;
and it also fixes the amounts which the Governor will be required to
pay for his commissions. The latter, remembering the extent of Our generosity
towards him and the moderate sum exacted for drawing up his commissions,
should administer his government with justice, and, above all, with
a view to the interests of the great provinces and the multitude of
persons committed to his care. |
CHAPTER VIII. |
We
further state that appeals taken from the decisions of the Governor
of the Hellespont shall, like those from other magistrates, be brought
before the Most Glorious Prefects, and Our Most Glorious Qusestor, and
decided just as would be done in the Imperial Consistory. When appeals
are taken in cases where the amount of property involved is less than
five hundred aurei (even though this be done by delegation)
but not from the decision of a magistrate of spectabile rank;
the Governor himself, who is clothed with high powers, shall hear and
determine the same; and shall bear in mind the increase of dignity with
which We have honored him, and his public conduct should render him
irreproachable in the eyes of Our subjects and Ourself, and before Us,
in those of God and the law. |
EPILOGUE. |
Your
Excellency, after having received this constitution, will deliver to
the Governor the great emoluments which have been granted him; and he,
for his part, impressed with the importance of his office, must endeavor
to render himself worthy of the distinction which We have conferred
upon him, by being careful to observe the provisions of this law.
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