The Novels of Justinian : Novel 8 ( Scott )

THE ENACTMENTS OF JUSTINIAN.

THE NOVELS.

~ VIII ~

JUDGES SHALL NOT OBTAIN THEIR OFFICES BY PURCHASE.

( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).

The Emperor Justinian to John, Praetorian Prefect, twice Consul and Patrician.

PREFACE.

We pass entire days and nights in reflecting upon what may be agreeable to God and beneficial to Our subjects, and it is not in vain that We maintain these vigils, but We employ them in attempting to deliver those who are subject to Our government from care and anxiety; and, undertaking this Ourselves, We attempt, in every way, to do what may render Our people happy and relieve them of all onerous charges and impositions, with the exception of duties and taxes. We have found that great injustice has been committed in many instances, and, if this is not the case at present, it has been so at other times; and this oppression has impoverished Our subjects to such an extent that they have been reduced to indigence, taxes cannot be collected, and the lawful and customary tribute be obtained, without the greatest difficulty; for, when the Emperors try to obtain money from magistrates by selling them their offices, and the latter, in their turn, indemnify themselves by extortion, how can those subject to taxation endure these unjust impositions as well as the lawful contributions for which they are liable?
(1) Hence We have thought that any changes which We make in Our provinces should be liberal, and for the general welfare. We believe that this can be accomplished if the Governors invested with the civil administration of the provinces keep their hands clean, and abstain from accepting anything, remaining content with the remuneration given them by the Treasury. This, however, cannot take place unless they obtain their offices without purchasing them, and give nothing either to officials or to other persons in order to obtain their influence. Although the suppression of unlawful gains of this kind may cause the Empire some financial loss, We, nevertheless, think that Our subjects will ultimately be benefited by it, if they are not imposed upon by magistrates, and that the government and the Treasury will obtain a great advantage in having wealthy subjects, and that, under such circumstances, there will be a great increase of riches and extraordinary prosperity. For is it not clear to all that anyone who gives money to obtain an office does not merely disburse it for that purpose, but pays out still more to the persons who procure it for him, or promises to do so ? Where money is thus corruptly used in the first place, many hands are required to aid him who made the donation, and if he does not make the payment out of his own property, he must borrow, and in order to do so will appropriate that of the public, as he must obtain enough from his province to pay his debts, both principal and interest, and indemnify himself for what he has borrowed; and he will also, in the meantime, incur greater expense, and the judges and subordinates attached to his office will do the same thing; and he will make secret acquisitions with a view to providing for the future when he will no longer be in authority. For which reason he collects three times the amount of what he has paid out, and sometimes more, or even ten times as much if the truth be told, and the revenues of the Treasury are diminished to this extent, for what should have been paid into it if they had been entrusted to honest hands is collected for the private use of the official, which renders Our taxpayers poor, and their indigence which is caused by his conduct becomes a source of reproach to Us. How impious is such conduct, and of how many thefts is it the immediate cause ? Those who administer the affairs of the provinces, thinking incessantly of what their offices will cost them, discharge many criminals by selling them freedom from prosecution, and convict many who are innocent, in order that they may profit thereby; and this not only occurs in pecuniary cases, but also in prosecutions for crime in which the death penalty is inflicted; and many persons in the provinces, including priests, decurions, various officials, owners of property, citizens, and farmers, flock to this city with good cause, complaining of injustice, and accusing the magistrates of theft. Not only do these things occur, but also the seditions in cities, and public disturbances which take place everywhere, go unpunished, in consideration of money paid. Corruption is undoubtedly the cause of these evils, it being the beginning and the end of all wickedness, confirming the truth of the sacred precept that avarice is the mother of all crime; especially when it is not confined to private persons, but even takes possession of the minds of magistrates. For who cannot steal without danger? Cannot anyone commit robbery with the certainty of appearing innocent in the eyes of the magistrate when he knows that he has purchased everything with gold, and that no matter what illegal act he may commit, he can escape by the payment of the penalty ? The result of this condition of affairs is homicide, adultery, violence, wounds, the rape of virgins, commercial difficulties, contempt of the laws and judges, all of which are attributable to venality, and the immunity sold to criminals in the same manner as a vile slave. We are unable to consider or enumerate the evils resulting from thefts committed by the Governors of provinces, and still no one is courageous enough to accuse them of having corruptly purchased their offices.

CHAPTER I.

CONCERNING MAGISTRATES WHO SHOULD BE CREATED WITHOUT EXPENSE.

Having reflected upon all these matters, and discussed them with Our Most August Consort whom God has given Us, as well as conferred with Your Highness, and been advised by you, We enact the present law, by which We direct that no one of proconsular rank, nor any Imperial Deputy who, up to this time, has been appointed; nor any Count of the East, nor the incumbents of any other offices, whether they are proconsular or governmental (which derive their names from Consuls and Governors), who have been especially mentioned in the notice following the present law, shall give anything for his appointment; and that no donation whatsoever shall be made to any judge, magistrate, or any of those charged with the administration of the government, in order to obtain an office, or shall be bestowed upon anyone for the sake of his influence, but all offices shall be obtained gratuitously, and very little be expended for the procuring of commissions; for We have placed at the end of this Our law a statement setting forth what ought to be paid for this purpose to the Imperial Laterculus, and what to the court of Your Highness; which We have done in order that the proceedings may be simplified, and no loss be sustained by the magistrates.

CHAPTER II.

CONCERNING THE VICEGERENT OF ASIA AND THE GOVERNOR OF PHRYGIA,
AND THE TRANSFER OF THEIR OFFICES TO THE COUNT OF PACATIAN PHRYGIA.

We decree that it is necessary for the Vicegerent of Asia, who is also the Governor of Pacatian Phrygia, to be no longer designated in this manner, but for the future to be called the Count of Pacatian Phrygia, and to receive from the Treasury under that title what he formerly received by way of subsistence and emoluments, without any diminution thereof; nor shall he hold the two offices, but those of Governor and Vicegerent shall be combined, and he shall be styled Count, and, along with his subordinates, shall be responsible for the discharge of public duties and other requirements without the division of his office in any way, all official services being performed by the exercise of a single authority. He shall be liable for the collection of both subsistence and taxes. He will be entitled, as We have previously stated, to the salaries of both offices with which he was formerly invested, and as he is now Count of Pacatian Phrygia, he shall no longer be Vicegerent, and his jurisdiction will not hereafter extend to the other dioceses of Asia, but he shall bear the title of Count of Pacatian Phrygia, and must remain content with the same.

CHAPTER III.

CONCERNING THE ABOLITION OF THE OFFICE OF VICEGERENT OF PONTUS,
AND THE TRANSFER OF THE SAME TO THE COUNT OF GALATIA.

We decree that the same thing shall take place in the government of Pontus, for We order that hereafter two administrations shall not exist there, but only one magistrate, who shall be styled the Count of Galatia, shall have jurisdiction. He shall command the military forces, just as he does at present, and shall be entitled to the emoluments of both offices, but his jurisdiction shall not extend beyond the limits of Galatia, for We do not give him authority over any of Pontus, but over Galatia alone; nor will he be responsible to other magistrates, but shall have but one court in which he will preside over a single province, and, together with his judge, shall be liable for the collection of taxes.

CHAPTER IV.

NO MAGISTRATE SHALL BE PERMITTED TO APPOINT DEPUTIES.

We do not grant any magistrate, either civil or military, the right to appoint deputies in any city of the province of which he is Governor; and if any of those appointed to this office should knowingly commit an act of this kind, they shall be deprived of their places, and others shall be appointed in their stead.

CHAPTER V.

THE OFFICES OF COUNT OF THE EAST AND GOVERNOR OF ANTIOCH
ARE HEREBY CONSOLIDATED.

We hereby decree that the offices of Count of the East and Governor of Antioch shall be consolidated, and constitute a single administration, under the name of Count of the East, who shall administer the affairs of Syria and Syristensis, and be entitled to the emoluments of both offices. We confer upon the incumbent the rank of Vicegerent, and he, with his subordinates, shall be liable for the collection of taxes and the maintenance of civil and public order.

CHAPTER VI.

ALL PRIVATE INDIVIDUALS AND THE EXECUTIVE OFFICERS OF THE CITY OF CONSTANTINOPLE SHALL BE SUBJECT TO THE GOVERNORS OF PROVINCES.

We desire all persons to be subject to the authority of the Governors of Our provinces; and this applies to all cases, whether pecuniary or criminal matters are involved. Those who are appointed for the discharge of civil functions by special judges shall also be responsible in fiscal and criminal cases. Governors of provinces must not permit officers despatched from Our court, or from any other, to carry sentences into execution, or to receive fees beyond those prescribed by Our law; and if they should knowingly permit this to be done, they themselves will be liable for any damages sustained by Our subjects. We grant the latter authority to have recourse not only to the magistrates by whom the said officers were sent, but also to Ourselves, so that We, being informed, may take such measures as may be proper. Where the Governors ascertain that any of these officials have employed their authority to commit acts of violence against Our subjects, We grant them authority to make investigations, and deprive those who are guilty of their employment, and to execute Our commands in the provinces in the manner stated in former laws. For We forbid them to use any unlawful means for the acquisition of gain, and where they discharge their duties properly, We direct that they shall be honored and respected in every way, and enjoy the fruits of their fidelity.

CHAPTER VII.

CONCERNING THE OATH TO BE TAKEN BY GOVERNORS DECLARING THAT THEY HAVE NOT PAID ANY MONEY FOR THE PURPOSE OF OBTAINING OFFICE.

Therefore, where anyone has been appointed to office by Us, he must call God to witness in Our presence — and if We should be absent, in the presence of Your Highness and the Officials who administer your See, the Count of Our Sacred Largesses, the Quaestor of the Imperial Palace, and the Count of Private Affairs, and also in the presence of the Chartulary of Our Bedchamber, who is charged with appointments — and swear that he has never offered to give anything to obtain either office or influence; that he did not promise anything, or agree to send anything into a province, or offer anything to the prefects or other officials, or their attendants, nor has bestowed anything upon anyone for the purpose of obtaining his support, but has obtained his position absolutely without expense to himself; and that he will not take anything from the public except his regular emoluments, which are all that We allow him to accept;. that he will administer his office with clean hands, and be accountable to God and to Us. Your Highness, as well as those who will succeed you, are hereby notified that if you, or the officials attached to your office, should accept anything from candidates beyond what has been established by Us as customary, and which We have decreed should be considered sufficient, you will be subjected to severe punishment; and where any superior magistrates have presumed to receive anything from persons who are seeking office, or permit any of their subordinates to do so, and, having been informed of it, do not take measures to correct this abuse, they shall not only pay quadruple the amount which they have received, but shall also undergo Our just indignation, and be deprived of their offices; and if their attendants and subordinates should attempt to collect more than what has been prescribed by Us, they also shall be subjected to the penalty of quadruple restitution, and shall forfeit their offices and their property, and, in addition, be liable to the penalties which their offences deserve.

CHAPTER VIII.

GOVERNORS SHALL DILIGENTLY ATTEND TO THE COLLECTION OF TAXES.

Those who in this manner assume the duties of government, without having incurred any expense, must by all means give special attention to the collection of taxes, and, by the exercise of severity, compel those who are negligent to make payment, and be absolutely in-flexible in this respect, without considering the gain which they might acquire by being lax in the discharge of their duty, and treat those who are prompt with paternal kindness. They should also not display any violence towards Our subjects, nor exact anything unjustly from them, but be equitable in their decisions, as well as in the maintenance of public order, prosecuting crimes, but everywhere guarding the rights of those who are innocent, inflicting punishment according to law upon such as are guilty, and treating Our subjects generally as fathers do their children, discriminating between the innocent and the guilty and punishing the latter, dispensing justice in all public and private matters, not acting alone and independently, but always consulting with their attendants and subordinates, so as to avoid punishing the innocent, which is more dishonorable than if they themselves had participated in the illegal acts. Hence Your Highness must be careful to select for the service of the government honest men who are experienced in financial matters, and have already held office in the curia, or discharged some other magisterial employment. For who does not respect and honor a man for his integrity when he has been appointed to office by Us, or by Your Highness, and has a good reputation because he is of the highest character, above all when he has obtained the office gratuitously, and does not attempt to enrich himself by acting dishonestly in the province, or plan to acquire wealth with the connivance of some one who pays out money, but is solely influenced by the desire to commend himself to God and to Us, and enjoy the greatest distinction with the expectation also of receiving a great reward?
(1) If anyone should violate this law and be proved guilty of theft during his administration, and it should be established that he had either paid money to obtain his place, or had received it for any cause while he was in office (as both of these acts are equally reprehensible), he is hereby notified that he will be liable to the confiscation of his property and to exile, as well as to the penalty of being scourged. A person who accepts anything from him (as We have previously stated) shall be subjected to severe punishment, for We require the hands of provincial magistrates to be clean, in order that We may protect Our subjects. We also desire that the laws which impose penalties upon persons occupying the offices aforesaid shall be enforced against all who are guilty, without distinction. And if an official charged with the administration should be guilty of an illegal act, or if he should inflict any injury upon, or permit any false charge to be brought against, any of Our subjects, We hereby authorize the inhabitants of the province to apply to the bishops and primates of the diocese, that they may address petitions to Us setting forth the offences of the said official. For as soon as We are informed of this, We shall send someone into the province to make an examination of the case in which injustice was said to have been committed, and inflict the penalty for the same, in order to serve as an example, and deter anyone else from acting in this manner hereafter.

CHAPTER IX.

GOVERNORS OF PROVINCES SHALL REMAIN FOR FIFTY DAYS IN THEIR FORMER JURISDICTION, AFTER THEIR SUCCESSORS HAVE ARRIVED.

In accordance with former constitutions, every Governor, after he has relinquished his office, must remain for the term of fifty days in the province which he formerly ruled, showing himself publicly and ready to answer any demands which may be made upon him. If, however, he should take to flight before the said term of fifty days has expired, he shall be arrested in the same manner as a dishonest slave; and We give Our subjects permission to detain him in the province, and to exact from him everything which they may illegally have given him in the presence of the bishop (the examination not being committed to writing), until he returns everything he is proved to have stolen; and if the inhabitants of the province should find that any theft has been committed by the Governor, they shall have the right, or rather be required to communicate the matter to Us; so that, being informed that he has sold justice for money, We may subject him to the penalties aforesaid, in addition to which he will be liable to punishment by Heaven for having violated the oath which he took at the time of his inauguration. But if the Governor should, for some reason or other, make up his mind to flee from the province before the said fifty days have elapsed, then he shall be arrested wherever he may be found, and be returned to the province in which he administered his office, and he shall return fourfold the amount which he is proved to have received.

CHAPTER X.

ALL THE PEOPLE OF THE PROVINCE SHALL SHOW THEIR GOVERNOR THE HONOR AND RESPECT TO WHICH HE IS ENTITLED.

It should, under all circumstances, be observed that Our subjects are not authorized to proceed against their magistrates except in case of extortion, and not even then unless the Governor has been extremely active in the illegal exaction of sums of money, or corrupt in the execution of persons guilty of crime, for only in such cases do We authorize them to take measures against him. On the other hand, where Governors have clean hands, and have collected taxes with honesty, We prescribe the severest penalties against those who presume to bring charges against them after they have relinquished their office; and when, having left the province after the time prescribed by law, they are not treated with honor oti their return. For those who, subsequent to the enactment of this law, may be appointed Illustrious Provincial Judges, must consider what distinction they will attain if they observe it, as well as what difficulties they will encounter if they disobey it. For it would be absurd for magistrates, who torture vile thieves and do not relax their efforts until the stolen property is returned, to themselves remain unpunished after having committed the most flagrant thefts, and who do not blush at the evil example they afford to persons who are honorable, free, and everywhere respected, and being worthy of Our esteem are justified in cherishing the hope of promotion.
(1) Nor do We permit the distinguished judges or other magistrates to inflict oppression or injustice upon anyone, or to countenance the institution of any civil proceedings against them, in order that We may preserve Our dignity, and that they may manifest the purity of their intentions and their devotion to Our service. For all Our subjects are informed that, in order to promote their welfare, guard them everywhere against loss, and contribute to their repose, so that they may not be compelled to leave their respective provinces and travel into foreign countries, We have enacted the present law, which We dedicate to God to be published on festival days by the reverend ecclesiastical authorities, and especially by those of the same communion, in order that all persons may regard their magistrates rather as fathers than as thieves and persons plotting to deprive them of their property.
(2) It is also necessary for you, who are Our subjects, being conscious of Our anxiety for your welfare, to pay your taxes without diminution, and with all punctuality, and not compel the officials to adopt extreme measures, but to act in such a way as to show Us by your conduct that you are deserving of Our indulgence, and that you are not insensible to the favor and solicitude which We are inclined to manifest for you. Being aware of this, and knowing that the magistrates are responsible for the payment of taxes, and that it is clear that their administration is at their own risk, you must avoid all improper delay, and not willingly violate the laws to the extent of provoking harsh acts of the Governors, which may be necessary to secure the inevitable fiscal exactions; and you also know that diligence is required to meet military expenses, including those contracted through the invasion of the enemy, and that these things cannot be accomplished without money, and admit of no delay, We, not consenting to the diminution of the territory of the Roman Empire, have recovered all Lydia, reduced the Vandals to servitude, and, with the assistance of God, hope to achieve still greater results, for whose accomplishment, however, taxes must be promptly paid without diminution at the times prescribed. Wherefore, if you notify the magistrates and they assist you in the payment of what is due, We shall praise their zeal, and approve your good intentions, and the concord existing between you and them will be for the advantage and welfare of all.

CHAPTER XI.

ALL PERSONS SHOULD RENDER THANKS TO GOD ON ACCOUNT OF THIS LAW.

All Our subjects should sing hymns of praise to God and to Our Saviour Jesus Christ for this law, which gives them the free exercise of their faculties, permits them to live in their country with safety, and to obtain justice from magistrates. When We promulgated it, We intended to dedicate to God the justice which it contains, and also to commend Ourselves and Our Empire to Him in order that We may not seem to depise oppressed persons whom He has entrusted to Our care, but, imitating His kindness, exercise benevolence towards them in every respect. Therefore, as far as We are concerned, this law shall be consecrated to God, since in framing it We have omitted nothing which We could think of that would be available for the protection of Our subjects. For, desiring to repress all dishonesty and base thefts, and retain Our subjects in peace through the agency of provisional magistrates, We have gratuitously bestowed government upon them, in order that there might be no inducement to oppress those for whose benefit We have exerted Ourselves; disdaining to imitate such of Our predecessors as made appointments in consideration of the payment of money, and, concealing the gifts bestowed upon them, granted permission to Governors to abuse their authority; and while they were considered just, still could not protect their own subjects from corrupting magistrates, nor consistently proceed against the latter for the reason above stated. We believe that the government will receive sufficient revenue from the taxes imposed upon the people, and that no necessity will arise to annoy Our subjects by the imposition of other burdens.

CHAPTER XII.

IN WHAT CASES PERSONS DETAINED BY A GOVERNOR CAN HAVE NO LEGAL
RECOURSE AGAINST HIM.

We think that what has already been decreed by Us should be included in legislation of greater scope, and set forth in more explicit terms, in order that Our meaning may be clear to all; for We decree that the illustrious Governors of the provinces of Our Empire who, mindful of their official oath, have been appointed without expense, shall be so favored by Us that no one in their jurisdiction can institute legal proceedings against them, whether for violence, for criminal offences, or for such as arise from injuries, public sedition, or the collection of taxes; but all persons shall be subject to their authority, and they shall not expect the ordinary judges to proceed against guilty persons, nor shall they file any accusations before them, but shall remain content with this Our law, by which We have conferred full power upon them; and no one shall, in the cases aforesaid, be permitted to avail himself of any special privilege for the purpose of committing crime with impunity. For if one has reason to fear magistrates who, because they have received money from Our subjects, prefer everything else to God and Our law, he, on the other hand, need not apprehend anything from those who act honorably, dispense justice to Our subjects, and observe the law under all circumstances.
(1) For this reason We place the soldiers stationed in the provinces under the control of the Governors, so that the latter may not require any order from Us or from Our magistrates in order to avail themselves of their services, but they shall make use of the present law, and show it to them, and call upon them for aid in enforcing their commands. If, however, the latter, being aware of these facts, should fail to obey, they shall lose their military emoluments, as well as run the risk of corporeal punishment, and We have made this provision in order that there might be no need for other magistrates to send officers to pursue thieves, or prevent violence, who, summoned for this purpose, themselves are frequently guilty of greater offences, and, availing themselves of plausible pretexts, are instrumental in causing the commission of the most atrocious deeds. For where the Governors of provinces, discharging the duties of the highest magistracy, perform the functions prescribed for them by Our law, who would be so bold as to file an exception against them in court, or adopt any other measures of this kind?

CHAPTER XIII.

CONCERNING OFFICIALS DESPATCHED IN THE PURSUIT OF THIEVES.

We forbid the glorious Commander in Chief and all Our magistrates to send into the provinces officers in the pursuit of thieves, or for the purpose of suppressing violence, or dispersing persons who are armed. Those who have been appointed for this purpose and, after the promulgation of this law, presume to do anything of this kind, are hereby notified that, if arrested by Our provincial magistrates, they shall be placed in chains, and that We, after the matter has been brought to Our attention, will subject them to severe penalties. Those who have despatched them on such an errand shall be liable to a penalty of thirty pounds of gold and shall, in addition to this, suffer the consequences of Our righteous indignation. Hence the Governors of provinces must, to the extent of their authority, act in such a way as to render themselves justly and lawfully feared by all, constantly bearing in mind that if they should unworthily abuse the administration and authority conferred upon them by Us, they will be liable to the punishment which We have previously prescribed, and that not only while they remain in office, but even after they have relinquished it, they will be liable to prosecution. For We do not give them permission to depart from the provinces over which they had jurisdiction until the fifty days prescribed by law have expired, whether this is done on account of their being recalled, because they have taken to flight, or for any other reason whatsoever; they being well aware (as We have previously stated) that they shall be returned to the province which they governed, and undergo all the penalties which We have previously enumerated, whether they come to this Most Fortunate City or betake themselves elsewhere.

CHAPTER XIV.

HOW, AND BEFORE WHOM, MAGISTRATES SHOULD BE SWORN,
AND CONCERNING THE SECURITY WHICH SHOULD BE REQUIRED OF THEM.

Magistrates shall take the oath which We have mentioned above. Where commissions are sent to any provinces, magistrates must be sworn in the presence of the archbishop and other principal ecclesiastics, and in this way they will be invested with official authority. Any magistrate appointed either in this city or in a province shall, as soon as he has received his commission from Your Highness, execute a bond to the Treasury to insure his proper levy of taxes, in such terms as you may approve. This law shall be applicable to all magistrates subsequently created who, from the present time, shall be appointed without any expense, and will only be subject to the laws already enacted. No penalty established by this Our law shall hereafter apply to those already in office, unless they are detected in dishonest practices after its publication.

EPILOGUE.

Therefore, Your Highness, being informed of the present law, will proceed to have it published everywhere throughout the provinces in your jurisdiction, and see that it is formally executed by the Governors; so that they, being aware of Our solicitude for Our subjects, and the care which We have exercised in the selection of honest magistrates, and considering how much has been undertaken for the public welfare, may not fail to assist the government in this good cause.

Given on the sixteenth of the Kalends of May, during the Prefecture of Belisarius.

The Edict Addressed to the Inhabitants of Constantinople is as follows :

The law which We have just enacted and communicated to Our Most Glorious Prefects shows you how much interest We take in your welfare. We have published it in the form of an Edict, in order that all persons may become aware of Our solicitude; and you should render thanks to God, and sing hymns of joy to Our Saviour Jesus Christ, because of the exertions which We have made for your benefit.

NOTICE OF PAYMENTS TO BE MADE BY MAGISTRATES APPOINTED TO OFFICE. NO ONE SHALL BE ALLOWED TO EXACT MORE THAN IS HEREIN SPECIFIED.

[The list of salaries which follows has been omitted, as containing nothing of interest.]

Done at Constantinople, on the seventeenth of the Kalends of May, during the Consulate of Belisarius.

This Copy of the Law is Addressed to Dominick, Most Glorious Praetorian Prefect of Illyria.

Magistrates shall be sworn in accordance with the form of oath communicated to Your Highness. Those whom you appoint to office shall be installed by virtue of commissions issued by Us, which commissions you will give them; and they shall take the above-mentioned oath before the Bishop of the city in which they are, and the inhabitants assembled in your palace, as well as in the presence of members of your court, and those who exercise curial or other public employments, to whom We desire that Your Highness shall show all proper consideration. You must be careful not to obtain any profit by the appointment of magistrates, and not permit them to be injured by anyone, and see that those who are serving in Our army, or who are invested with curial offices are promptly paid their salaries; for We expressly charge Your Highness and your successors to provide for their necessities. Hence, when you send their commissions to the Governors whom you appoint, you, as well as Your successors, must direct them to protect in every way magistrates who are exercising curial employments, and to exact absolutely nothing from them, and not cause them any loss; and you must notify the said magistrates that if they do not comply with what We have decreed they will incur the severest penalties. We also wish you to restrain and punish the avarice of the defenders of cities, who have no right to take anything from Our subjects, and who must be content with what is allotted to them by the government. If, however, any of them should not, in accordance with ancient custom, be entitled to any salary under these circumstances, they may receive some small compensation from Our subjects, which should be given to them voluntarily rather than exacted by compulsion; and they must accept nothing more than what is necessary to maintain them in a moderate condition of life. If they should accept anything more than this, they shall be condemned not only to make quadruple restitution, but also to undergo perpetual exile as well as corporeal punishment.

THE OATH TO BE TAKEN BY MAGISTRATES APPOINTED TO OFFICE.

"I swear by omnipotent God, by his only Son Our Lord Jesus Christ, and by the Holy Spirit, by the glorious, perpetually Virgin Mary, by the four Gospels which I hold in my hand, by the holy archangels Michael and Gabriel, to be faithful to Our Imperial Masters Justinian and Theodora his wife; to discharge with the greatest fidelity the duties of the administration of that part of their Empire and government that their kindness has entrusted to me; and that I will devote all my efforts to that end, without any fraud or deceit whatsoever. I also swear that I am a communicant of the Most Holy Catholic and Apostolic Church, and that no time I will oppose it, or permit anyone else to do so, as far as lies in my power. I also swear that I have neither given nor will give anything to anyone for the sake of obtaining my office, or in consideration of his influence, and that I have promised to send nothing out of the province, and shall, by way of contribution, send nothing either to the Emperor, to the Illustrious Prefect, or their subordinates, or to anyone else whomsoever. As I have received my appointment without having paid anything for it, I swear to act honorably with the subjects of Our Imperial Majesties, and to be content with the allotment of subsistence made to me by the Treasury. I also swear to devote especial attention to the levying of taxes; to collect them inexorably from persons who are not prompt in payment; to show no leniency to them; and not to have in mind any profit which I might be able to obtain in case I were more indulgent. I promise not to extort anything from anyone whomsoever; or grant anything to anyone either through favor or dislike, beyond what he legally may be entitled to; to treat with paternal kindness taxpayers who are prompt in discharging their duties, and to protect as much as I can the rights of all the subjects of Our Most Pious Imperial Magistrates. I also swear to be impartial in deciding the cases of private individuals, as well as those which concern the maintenance of public order, and only to compel my subordinates to do what is equitable; to prosecute crimes; and in all my actions to practice the justice which may seem to me proper; and to preserve the innocence of virtuous men, as well as inflict punishment upon the guilty, in conformity to the provisions of the laws. I also swear (as I have already done) to observe the rules of equity in all public and private transactions; and if I should ascertain that depredations have been committed against the Treasury, that I will not only see that they are punished, but will also supervise the officials under my control, and induce them to exert the same honest efforts in the performance of their duties that I do; and if any of them should be found to be dishonest, I promise that his delinquency shall be made good, and that he shall be immediately dismissed. If I should not observe all these things which I have sworn to, may I, in the future as well as at present, undergo the terrible punishment of Our God arid Saviour Jesus Christ, share the fate of Judas, the leper Gehazi, and the anxiety of Cain, as well as undergo the penalties imposed by Our pious magistrates."

A copy of this oath has been sent to Dominick, Most Glorious Praetorian Prefect of Illyria.