THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXX ~ |
CONCERNING QUAESTORS. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Most Glorious Praetorian Prefect, Twice Consul and Patrician. |
PREFACE. |
We constantly,
with the aid of God, make every provision to preserve from injury the
subjects whom He, in His clemency, has placed under Our care. Therefore
We enact laws that will enable them to have absolute justice, and hasten
to re-establish whatever may have fallen into desuetude. Moreover, We
have found certain administrations entrusted with suppressing what is
not honorable, and punishing offences of inferior importance, and these
duties are discharged by the Praetors of the People in this Most Fortunate
Capital, whose great experience in affairs has acquired for them the
approval of all the inhabitants of this Our Royal City. The benefits
resulting from their administration have induced Us to consider it as
worthy of the law and judicial office to investigate any other matters
which are in need of correction. We have found that the provinces are
being deprived of their inhabitants by degrees; and that, on the other
hand, this great city is becoming much more populous on account of the
arrival of vast crowds of different kinds of men, and above all of farmers,
who abandon their towns and crops to come here. |
CHAPTER
I. CONCERNING THOSE WHO COME TO CONSTANTINOPLE. |
These
matters have induced Us to enact the present law, and to create an office
which is, to a certain extent, an innovation, for We do not hesitate
to make an allowance from the Public Treasury for the benefit of the
person who will occupy it; to assign to him a sufficient number of officials;
and to render him responsible for his negligence. We give this official
the name of Quaestor, the one by which he was originally designated
(We mean in former times), when they called those who perform such duties
Ereunades. We desire those appointed to this office to be animated
by the fear of God, of Us, and of the law, to seek out all persons who
resort to this great city, no matter in what province they reside, or
whether they be men, women, clerks, monks, nuns, advocates of foreign
cities, or to whatever other civil status they may belong; and that
the said magistrates shall ascertain who they are, and from what place,
and for what reason they come here. We
also decree that if any of these persons are farmers, the Quaestor shall
send them before the magistrates having jurisdiction over them, and
the latter must threaten them, and promptly deliver them from the litigation
on account of which they have visited this city, and send them back
to their homes immediately after their cases have been properly disposed
of. |
CHAPTER
II. CONCERNING FARMERS. |
If cultivators
of the soil, who are under the control of masters and are useful to
them, should come to this Royal City, the Quaestor shall cause their
masters to speedily decide the cases on account of which they have come
here, and send them back as soon as they have obtained justice. Where,
however, the said cultivators of the soil are here on account of some
controversy with their own master and conduct their case against him,
and there is a multitude of them, the Quaestor shall immediately send
the greater number back to their province, and only allow two or three
to remain, who, in conformity with the rule relating to litigants, shall
conduct the proceedings; and he shall urge the magistrate having charge
of the case to dispose of it as quickly as possible, in order that the
time of their stay may not be prolonged, for their presence here is
superfluous, and the cessation of their agricultural duties is injurious
to their masters. |
CHAPTER III. |
But
if it is not a multitude of farmers, but other persons, or even individual
litigants, who have brought suit against one another, who are sojourning
in this city, the Quaestor shall not remain idle, but shall use every
effort to prevail upon judges to hasten to release these persons from
their contentions, and when freed from their lawsuits, send them back
to live in their own towns and provinces. If, however, when the magistrate
has appointed judges to hear a case or the masters of the said farmers
have been appointed judges by Us, in order that the said litigants may
have their cases decided, and the judges or masters defer doing this,
and do not speedily release them from the litigation in which they are
involved, then the Quaestor himself, who has been appointed by Us, shall
call the litigants, or those who demand something from their masters
before him, and examine whether their claims are meritorious or not,
and quickly dispose of the matters on account of which they have repaired
to this great city, and send them back to their country, and to the
places from whence they came; nor shall any question of privilege or
contest of jurisdiction be available under such circumstances. |
CHAPTER IV. |
But
where any persons who are not involved in litigation have come to this
city to obtain a livelihood, and improve their condition,
or if, for the reason they have not sufficient property to enable them
to accomplish what they desire, they should commit crime, the Quaestor
shall examine their physical condition, and ascertain whether they are
in good health and able to work; and if they are slaves, he shall learn
to whom they belong, and shall, even if they are unwilling, cause them
to be restored to their masters; but if they are free, he must return
them to the cities or provinces in which they were born. |
CHAPTER
V. CONCERNING STURDY BEGGARS. |
When
the persons in question belong to this neighborhood, and, being strong
in body, do not lead a proper life, the Quaestor shall not permit them
to be a burden to the community, but shall see that they are promptly
turned over to the officials having charge of the public works, that
is, to the directors of the bankers, of the posts, of the public gardens,
or to other different bodies of trades or manufactures, in which they
can at the same time work, be supported, and change an idle life for
one that is preferable. (1) If any such persons should refuse to work in the factories to which they are assigned, the Quaestor shall drive them out of this Royal City. We direct that this shall be done for the sake of being indulgent to them, in order that idleness may not induce them to commit illegal acts, and the laws not subject them to punishment, and that they may not render themselves liable to be brought before Our judges. Still, We order that persons of either sex, who are not sound in body, or are seriously ill, shall not be molested in Our city, but, on the other hand, that they shall be cared for in an humane manner. Moreover, the Quaestor shall ask each one of those who resort to this city what reason has induced him to do so; so that, this being ascertained, he will be able to make a proper disposition of them, and that those who are lazy may not remain here, but, after having finished their business, they may return to their own provinces. |
CHAPTER
VI. CONCERNING FEES. |
If
any inhabitant of this Royal City, or even a stranger, should accuse
certain persons of having caused him loss and injury, by means of what
are called sportulss, and he alleges that the said persons have in this
way evaded Our laws, or have served notice on him without an order of
court, the Quaestor shall diligently seek the individuals who have committed
this offence, and, no matter what may be their rank or office, or to
what employment they may have been assigned, he shall, at once, cause
them to be arrested, and after they have been convicted by proper evidence,
he shall subject them to the punishment prescribed by Our laws. No judge
can interfere to protect them, and the Quaestor must use as much diligence
in preventing those from being injured who have suffered injustice,
by causing what has been taken from them illegally to be returned, as
well as in collecting the fines prescribed by Our Constitution, and
of seeing that they are paid, where We have decided that this should
be done. |
CHAPTER
VII. CONCERNING FORGERY. |
In
addition to this, when anyone brings a complaint of forgery, or what
is called false writing, the Quaestor shall, under all circumstances,
make an investigation; shall cause those who are accused of the crime
to be arrested; and shall punish them in accordance with the evidence;
for We authorize him to hear and determine such cases. But where anyone
injured in this manner has, in conformity with the terms of the present
law, applied to the Quaestor and not obtained justice, and he is, in
consequence, compelled to accuse him to Us, or to the government, the
Quaestor is hereby notified that he will personally be responsible for
the property claimed by the injured party whom he neglected to treat
with equity, and that he will, in addition, incur Our righteous indignation,
because he had the presumption to disobey Our orders. |
CHAPTER
VIII. CONCERNING THE SALARIES OF THE QUAESTOR AND HIS SUBORDINATES. |
The
official appointed to this office shall always take the greatest pains
to avoid corruption, and see that the attendants of his court are not
avaricious, and ready to accept disgraceful gifts; and he must take
measures to see that they act honestly and liberally, and if he should
find that in the discharge of their duties they have committed any unlawful
act of this kind, he must punish them, and in this way exhibit his firmness
and his integrity. We allow ten pounds of gold to the Quaestor for his
expenes; a hundred solidi to his counsellor; and three hundred
and thirty solidi, by way of salaries, to his attendants. We
order that a list of these different salaries shall be appended to the
present law; and We desire that the Quaestor, his counsellor, and his
officers, being satisfied with the allowance made to them by the Treasury,
shall refrain from accepting anything else. In this way they will show
their respect to God and to Us at the same time, by enjoying the advantages
of Our foresight, discharging the duties of an administration of celestial
origin, and deciding cases readily and in accordance with law. |
CHAPTER
IX. CONCERNING MAGISTRATES AND GOVERNORS. |
We
grant authority to the Quaestor to resist magistrates when necessary,
to report their acts to Us, and to do what he considers proper under
the circumstances; in order that, not being accused of weakness or want
of resolution, he may appear worthy of the judgment which We have formed
concerning him. We also give him permission to despatch public letters
to the governors of provinces, notifying them to compel persons who
have come here without legal process to return to their own country
where they have been sent away by him; or to enable the said persons
to receive the lawful aid to which they are entitled. Where, however,
persons who have been relieved of litigation, and have returned to their
province, again repair to this Most Fortunate City, the Quaestor shall
inflict suitable punishment upon them, and forcibly send them back once
more. In this way Our distant cities will remain inhabited, and the
capital be relieved of the confusion now existing therein. If the Quaestor
should deem it advisable to station certain of his officers in that
portion of the territory of this city, which is situated beyond the
sea, in order to be informed of the movements of those who come from
a distance, and to return to the provinces persons who are journeying
thither, he can do so, having in view whatever is for the public welfare. |
CHAPTER X. |
We
decree all these matters with the intention of benefiting Our subjects,
and to prevent them from abandoning their provinces and coming here
to ruin themselves and die, after having been deprived of their property,
as well as forfeiting the right to be buried with their fathers; hence
preceding legislators, and those who founded the government, carefully
provided for this contingency. In those days measures were taken to
prevent idleness; the magistrates kept accounts of all foreigners; and
Our enactments on this subject are not new or thoughtlessly promulgated,
but, on the other hand, they are of ancient origin; although it is true
that sometimes, through culpable negligence, they were not enforced,
and would have run the risk of being gradually forgotten and entirely
destroyed if We, knowing them to be useful and advantageous, had not
again introduced them into the government. For, as We wish the Quaestor
to be incorruptible, and his subordinates to accept nothing beyond the
salaries which We assign to them, We order that they shall be entirely
exempt from pecuniary obligations; that they shall pay nothing for their
commissions, their emoluments, or anything else, either to Our Imperial
Palace or to the Court of Your Highness; and that they shall not, either
now or in the future, contribute anything on account of any commissions
or allowances of any kind, or for any emoluments allotted to them; but
We desire that whatever is bestowed by Our liberality shall be given
absolutely and without any restriction; for he who is appointed to this
office should act in such a way as to benefit the entire community. |
EPILOGUE. |
Therefore,
as soon as Your Highness is informed of what it has pleased Us to enact,
you will hasten to carry it into effect, and will approve of Our foresight,
because We have introduced a new office, and have constantly in view
the welfare of Our subjects. |
Given
at Constantinople, on the seventh of the Ides of May, during
the twelfth year of the reign of Our Lord the Emperor Justinian, and
the Consulate of Ario. |
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