THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXXV ~ |
CONCERNING ARMS. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Basilides, Most Glorious Master of the Imperial Offices. |
PREFACE. |
Always invoking
the aid of Omnipotent God and Our Saviour Jesus Christ, We exert every
effort to preserve from all injury and calumny the subjects whose government
God has entrusted to Us, and to prohibit the wars which men privately
conduct against one another; for, by means of these wars, they cause
much reciprocal suffering and are exposed to the double penalty of mutual
injury, as well as of undergoing the punishment prescribed by the laws. |
CHAPTER I. |
Therefore,
desiring to prevent men from killing each other, We have thought it
proper to decree that no private person shall engage in the manufacture
of weapons, and that only those shall be authorized to do so who are
employed in the public arsenals, or are called armorers ; and also that
manufacturers of arms should not sell them to any private individual.
Nor do We permit any persons
who, styled deputati, are enrolled in the army for the purpose
of caring for the arms and are paid out of the Treasury, to manufacture
or sell them to anyone whomsoever; but We desire that they shall only
have charge of the arms of soldiers, in accordance with the duties assigned
to them. If, however, they should manufacture any new weapons, these
shall be taken from them, and either deposited in Our Imperial arsenal
or in the armory. |
CHAPTER II. |
We also desire
that those who are called ballistarii, and whom We have stationed
in different cities, and authorized to manufacture weapons, shall only
repair and place in good condition those belonging to the government,
which are deposited in the public arsenals of each town. Where any workmen
have manufactured arms they must surrender them to the ballistarii,
to be placed with those belonging to the public, but they must by no
means sell them to anyone else. The ballistarii shall, at the
risk of the municipal magistrates of the cities to whom they are subject,
observe what We have decreed, and the responsibility for this, as well
as for the preservation of the public arsenals, shall attach to these
magistrates; and where any of the workmen called deputati,
or armorers, have been detected in selling weapons, the local magistrates
shall subject them to punishment; shall deprive the purchasers of these
weapons without refunding the price paid for them; and shall claim them
for the benefit of the public. |
CHAPTER III. |
Therefore,
God directing Our thoughts, We decree by the present law that no private
individual, or anyone else whosoever shall, in any province or city
of Our Empire, have the right to make or sell arms, or deal in them
in any way, but only such as are authorized to manufacture them can
do so, and deposit them in Our armory. We order that this rule shall
be obeyed by Your Highness, as well as by those who may succeed you
in office, and We appoint five of the chief chartularies subject to
your authority in the Bureau of Armorers, who are skillful and of good
repute, who shall be charged on their own responsibility to seek men
who are manufacturing arms in this Most Fortunate City, and in the other
towns of Our Empire, in order to prevent private persons, or anyone
else whomsoever, from doing so, with the exception of workmen employed
by the armory; and in order that, if they should find, anywhere in any
place, private individuals who are rash enough to make any weapons,
they may seize them and deposit them in the Arsenal of the Treasury.
But if among private workmen the said chartularies should discover any
persons who are thoroughly skilled in their trade, they shall employ
them in the manufacture of arms, if the workmen are willing, and shall
inscribe their names upon the list of armorers, and notify Us of this
fact, in order that the said workmen may be assigned by an Imperial
Rescript to the Public Arsenal, for the purpose of manufacturing arms,
and receive remuneration from the Treasury. If the aforesaid persons
scrupulously comply with what We have ordered, private individuals residing
in towns, or peasants who are living in the country, will not be permitted
to make use of arms against one another, thereby endangering their lives;
men will cease to commit homicide; work on public buildings will not
be suspended; and the fear of death will no longer compel the cultivators
of the soil to resort to flight. (1) Therefore those selected from the above-mentioned Bureau of Armorers, who are directed by Your Highness to prevent private persons from making weapons, shall be sworn by the local magistrates, their subordinates, the defenders of towns, and decurions, that they will allow nothing which We have forbidden to take place in the future, and that they will comply with the provisions of the present law, for the said magistrates will be liable to a pecuniary penalty, as well as a corporeal one, if they should violate it. We order that, if the judge of the great City of Alexandria should fail to observe these provisions, he shall be liable to a fine of twenty pounds of gold, and shall be deprived of his office. His court shall also incur a similar penalty, as well as be subjected to capital punishment. So far as the magistrates of other provinces are concerned, they, together with their courts, shall incur a fine of ten pounds of gold and the loss of their offices. The defenders of municipal magistrates of cities shall pay a fine of three pounds of gold, and run the risk of being put to death if, after having learned of violations of this law; they permit them to remain concealed instead of punishing them, or notifying magistrates who can do so. |
CHAPTER IV. |
But
in order that what has been forbidden by Us to private persons and all
others may become clear, We have taken pains to enumerate in this law
the different kinds of weapons whose manufacture is forbidden. Therefore
We prohibit private individuals from either making
or buying bows, arrows, double-edged swords, ordinary swords, weapons
usually called hunting knives, those styled zabes, breast-plates,
javelins, lances and spears of every shape whatever, arms called by
the Isaurians monocopia, others called sitinnes, or missiles,
shields, and helmets; for We do not permit anything of this kind to
be manufactured, except by those who are appointed for that purpose
in Our arsenals, and only small knives which no one uses in fighting
shall be allowed to be made and sold by private persons. Your Highness
will publish this general law in this Royal City, as well as in the
other cities of Our Empire, in order that all persons, being aware of
the provisions which We have been pleased to enact, may observe them. |
CHAPTER V. |
We
notify the chartularies who have been appointed from the aforesaid Bureau
of Armorers personally to see that this law is obeyed, for their negligence
will not only expose them to pecuniary penalties, but they will also
be subjected to corporeal punishment, as well as be deprived of their
offices; for We shall not permit them to longer remain in the Bureau
of Armorers, but will appoint others in their stead. |
EPILOGUE. |
Your
Highness, and those who may hereafter succeed you, will hasten to cause
what it has pleased Us to enact by the present law to be carried into
execution; for unless you take measures for the observance of what is
so advantageous to the public welfare, you will have reason to fear
the effects of Our indignation. |
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