THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXIX ~ |
CONCERNING THE PRAETOR OF PAPHLAGONIA. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Praetorian Prefect. |
PREFACE. |
The ancient race
of the Paphlagonians was not formerly degraded, inasmuch as it sent
out many colonies, and established itself in Venice in Italy, and by
it Aquileia, the largest of the cities of the East, which had many controversies
with kings themselves, was founded. |
CHAPTER I. |
This
country of Paphlagonia suffered a diminution of territory during the
reign of the Emperor Honorius, and lost certain cities, the reason
for which is not known. We desire to restore to this province its ancient
form of government, and to administer it in the same way as if it was
a city, as well as to accomplish what We have done in the two Provinces
of Pontus, in order that the official invested with authority who will
govern the two provinces (namely Paphlagonia and Honoriades) may be
designated Praetor (which is a Roman name applicable to the Governors
of provinces), and have a single court of a hundred officials, made
up of the members of the two previous courts combined. This magistrate
shall collect the public revenues not only from the Paphlagonians, but
also from the inhabitants of Honoriades. He shall also be charged with
the administration of all the cities originally included in each province,
that is to say, in Honoriades, Prusias, Gratia, Hadrianople, Tio, Claudiopolis,
and Heraclea. Some of these, for instance, Prusias, Heraclea the capital
and chief city of the province, and Claudiopolis, were originally taken
from Bithynia, and as this was done, We do not deem it advisable again
to deliver them to the Bithyn-ians, it will not be necessary to make
any change in this respect. Thus the six cities included in Honoriades
shall now form part of Paphlagonia. The Praetor shall also have jurisdiction
over the six other cities which, from the beginning, have belonged to
this province, namely: Germanicopolis, Gangra, Pompeiopolis, Dadybros,
the heights of Amastridis, and lonopolis, and thus twelve cities in
all will be embraced in the territory of Paphlagonia. We do not formulate
any regulations with respect to the priesthood, but the metropolitans
will continue to be consecrated as formerly, and receive their ordination
from the patriarchs of this city; and ecclesiastics of inferior rank
shall be ordained by them, and there shall be no dispute on this account,
nor shall any confusion of jurisdiction arise. In consequence of this,
there will be in the future but a single province, which, as in the
case of others, will have several metropolitans. |
CHAPTER II. |
The
official invested with the government of the entire province (which
shall, as formerly, be designated Paphlagonia) must visit the different
cities, but is not authorized to send deputies here and there to the
towns throughout the province, even though this may not have been prohibited
in former times by any pragmatic sanction. We forbid this to be done
under any circumstances, as it would be disgraceful for him, after having
been appointed to dispense justice in the province, to entrust this
duty to someone else, in violation of the provisions of this law. He
himself shall have the direction of everything, and shall collect the
public taxes as quickly as possible, and, when doing so, must not exact
anything more or less than is due. He shall see that Our subjects are
equitably treated, and, at the same time, make provisions for any losses
which may be sustained by the Treasury, and he must also prevent the
cities from suffering any injury either in public or private matters.
This magistrate shall receive
the same remuneration formerly paid to both the others, which amounted
to seven hundred and twenty-five aurei; he shall have an assessor, who
will be entitled to seventy-two aurei; and a single court composed of
a hundred men, selected from the two former ones, to whose members emoluments
shall be paid out of the Public Treasury to the amount of four hundred
and seventy and one-third aurei. As he obtains his place gratuitously,
he must also administer it in the same manner, for We hereby release
Our subjects from the control of those who formerly were accustomed
to accept gifts, when appointed to office; the salary of the Praetor
shall be paid to him by you out of the public taxes of his province;
and We shall not suffer Our subjects to be reduced to servitude under
the pretence of an increase of taxation. Nor shall We allow the subjects
of Our predecessors, whom We have restored to their ancient freedom
after they had been subjugated by the barbarians, and who have always
been under Our government, to be enslaved by anyone else; for what offering
could be more acceptable to God than the liberty of Our subjects, who
have, up to this time, been oppressed by fresh extortions of their Governors
(as far as this can be done) since God has made use of Us to bestow
freedom upon many nations? What We have said does not apply to recently
appointed magistrates, for they are sufficiently secure in this respect;
but in the future We do not permit money to be paid to obtain the office
of magistrate, nor Our people to be bought as slaves, and the right
to commit injustice again to become the subject of traffic. Therefore
Paphlagonia, formerly divided into two provinces (We do not know for.
what reason) shall hereafter only be considered one among the Provinces
of Pontus; the magistrate charged with the administration of the same
shall have (as We have already stated) the title of Justinianian Praetor
of Paphlagonia, and it shall even be permissible for him to be styled
Strategos, in Greek. |
CHAPTER III. |
You
will constantly remind the Praetor of the oath taken by him at his installation,
when he swore to keep his hands pure and free from all corrupt gain,
to increase the revenues of the Treasury by just and honorable means,
and to dispense equity and justice to Our subjects in public as well
as in private matters, whether these have reference to contracts or
to judicial controversies. He shall visit the cities without imposing
any burden upon Our subjects, so that neither he, his assessor, nor
any of the persons in his train, nor any soldiers, court-attendants
or slaves, may obtain any profit, or travel without incurring any expense.
For he himself, and all his escort, must act with propriety, paying
their expenses out of the salaries given them by the public; and the
soldiers are notified that if, during their journeys, instead of being
content with their emoluments, they venture to inflict injury upon Our
subjects, cause them any loss, or take anything from them without compensation,
this shall be deducted from their pay, by way of
indemnity for the wrong committed; which the Praetor himself must attend
to, and, if he does not do so, he will personally Be required to indemnify
Our subjects. |
CHAPTER IV. |
This
law, which We have enacted with reference to the Paphlagonians, renders
their magistrate more honorable, places him in the rank of spectabiles,
and confers authority not only upon him over the soldiers stationed
in his province (provided he commands them with justice) but also over
others; it does not permit anyone under his jurisdiction to be released
from it, even where he may be authorized to do so by reason of some
privilege, or is charged with the administration of the estates of powerful
persons. He should take special care to prevent any other inscription
than those of the Treasury or Royal Houses to be placed upon the property
of others, which is something which frequently happens in Paphlagonia.
If the Praetor should learn
of any offence of this kind, he must remove every trace of the inscription,
and place those of the Treasury upon the property of the offender, after
having broken his own over his head, if he is present. Where he is absent,
and the agent in charge of the property is arrested, the Praetor shall
inflict corporeal punishment upon him, and at the same time break the
inscriptions over his head. The Praetor is hereby notified that if he
neglects to do what We have ordered, and We should ascertain that he
has allowed inscriptions to be placed upon other lands than those belonging
to the Treasury, and Ourself and Our August Consort, he will render
himself liable to the confiscation of his own property, for the reason
that while invested with great power, he has, through negligence, permitted
acts to be committed which could readily have been prevented. |
CHAPTER V. |
We
desire the Praetor of Paphlagonia to pay great attention to the pursuit,
arrest, and punishment of persons who are guilty of robbery, stealing
the property of others, ravishing women, and other crimes, for all of
which offences he must impose suitable penalties. He must, by all means,
prevent injustice, nor allow men who are honest and peaceable to suffer
injury, lest We may be compelled again to despatch officers charged
with suppressing violence, apprehending thieves, and other duties of
this kind, a measure which is intolerable to Us. We invest this magistrate
with such honor and dignity that the appeals of cases decided in his
province shall be brought before Your Excellency and the Most Glorious
Quaestor of Our Imperial Palace, who shall take cognizance of the same
and decide them, just as if they were brought before the Imperial Audience-Chamber.
The Praetor himself shall hear and determine all controversies where
the value of the property involved is less than five hundred solidi,
which have been tried in his province before magistrates of inferior
rank, even though the judgments may have been rendered by delegation,
whenever such cases remain in abeyance for the reason that appeals have
been taken. He shall rank with the other magistrates whom We have recently
created, and as such magistrates have more authority, they shall also
enjoy greater distinction than their predecessors, and will be able
to furnish Us greater assistance whenever this becomes necessary. In
fact all their powers are greater, whether they have been bestowed by
Our predecessors or granted by Us. A notice appended to the present
law fixes the salaries to which the Praetor, his assessor, and the subordinate
officials of his court, shall be entitled out of the Public Treasury,
as well as the sums which the Praetor himself shall be required to pay
for his commissions. (1) As the manner in which this Praetor shall conduct his government is only concisely stated here, it will be more explicitly set forth either by the general law which is applicable to all magistracies, or by the Imperial instructions which We intend to deliver to him with his commissions, when, in accordance with Our law, We require him to take the prescribed oath. |
EPILOGUE. |
After
this constitution has been communicated to You, Your Excellency will
deliver to the Praetor of Paphlagonia the great emoluments to which
he is entitled; and he, impressed with the dignity of his office, and
desirous of proving worthy of the Honor which We have conferred upon
him, should exert himself to carry out the provisions of the present
law. |
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