The most holy emperor justinian. Second edition



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THE CODE OF OUR LORD

THE MOST HOLY EMPEROR JUSTINIAN.

SECOND EDITION.

BOOK XII.

TITLE I. CONCERNING DIGNITIES.

1. The Emperor Antoninus.

If as you state, your grandfather was of consular dignity, and your father had held the office of Pnetor, and you did not marry men of private condition, but those of illustrious rank, you will retain tne eminent position of your family.

Without date or designation of Consulate.

2. The Emperor Alexander.

The gates of dignities do not lie open to men of bad reputation who are branded with infamy, and whose wickedness, baseness of life, and evil repute exclude them from the society of respectable people.

3. The Emperor Gordian.

The highest dignity does not abrogate the privileges of an inferior rank, previously obtained, or those attaching to military service.

4. The Emperor Philip.

We order that property belonging to senators, which they possess in different cities and provinces, and their retainers, shall be exempt from furnishing transportation, and any other requirements imposed by judges, as well as from all ignoble, extraordinary, and debasing services, and neither they nor their children shall, under any circumstances, be compelled to perform duties inconsistent with their rank.

5. The Emperors Valerian and Gallienus.

No urban Prefect shall, without Our authority or knowledge, subject a senator to the performance of any civil obligation whatsoever, and no one shall inflict such an atrocious injury upon Our Senate. For it is reserved for Us to issue any commands to persons of senatorial rank, as whatever is done by Our order becomes a distinction.

6. The Emperors Diocletian and Maximian.

Let no one who belongs to the lowest class of merchants, brokers, or persons engaged in vile or abject pursuits and employments, or who occupy base or dishonorable positions, attempt to enjoy any dignity. Anyone who has obtained such a place shall be deprived of it, and shall be restored to his former status.

7. The Same Emperors and Csesars.

When different judges require public works to be erected in cities, the property of senators shall not be liable to contribute to expenses of this kind.

8. The Emperor Julian to Sallust, Prsstorian Prefect.

The rights of senators and the authority of their order (in which We Ourselves are also included) must be protected from all injury.

Given at Constantinople, on the ninth of February, during the Consulate of Mammertinus and Nevitta.

9. The Same Emperor and Csesars.

We forbid the children of freedmen to attain to the dignity of nobles.

10. The Emperors Valens, Gratian, and Valentinian to Gracchus, Prsetorian Prefect.

We exempt men of illustrious rank from liability to torture. Given on the day before the Nones of January, during the Consulate of Gratian, Consul for the fourth time, and Merobaudus, 377.

11. The Emperor Constantine.

If a senator, or any other man of illustrious rank, has children born to him before he was raised to the above-mentioned dignity (which rule applies to sons as well as to daughters), they will follow the condition of their father. As children should not be excluded from the honors enjoyed by their fathers, a child born to a senator or other person of illustrious rank must be considered to be invested with that same rank and dignity.

12. The Emperors Gratian, Valentinian, and Theodosius to Neo-therius, Prsetorian Prefect.

Judges who have been convicted of having been polluted by dishonesty and other crimes shall be deprived of their commissions and dignities, and degraded to the lowest rank of plebeians, nor shall they afterwards enjoy those honors of which they have shown themselves to be unworthy.

Given at Thessalonica, on the eighteenth of the Kalends of February, during the Consulate of Gratian, Consul for the fifth time, and Theodosius, 380.

13. The Emperors Valentinian and Valens.

We raise women to the rank of their husbands, render them noble by birth, determine the jurisdiction to which they shall be subject, and change the places of their domicile. Moreover, if they should subsequently marry men of inferior position, they shall be deprived of their former dignity, and shall follow the condition of their last husbands.

Given at Constantinople, on the fourth of the Kalends of February, 1 during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

14. The Emperors Gratian and Theodosius.

We order that judges shall not have power to impose any public service upon a senator under any pretext whatsoever, no matter to what province he may belong.

15. The Same Emperors to Eustathius, Prefect of the City.

We grant authority to all persons of noble or illustrious rank to reside in any place whatsoever, and to journey and remain wherever they wish, without obtaining a permit to do so.

16. The Same Emperors and Arcadius to Apollonius, Prsetorian Prefect.

When any serious crime has been perpetrated by a person of eminent rank, and he has been liberated under bond, We order that the accusation shall be submitted to Us. Any charges involving persons of inferior position must be referred to Your Highness, in order that you may decide what course should be pursued with reference to the offence 'which has been committed.

17. The Emperors Honorius and Theodosius to Arcadius, Pr&-torian Prefect.

Whenever any civil or criminal action is brought by a private individual against a person of illustrious rank, he shall not be annoyed by being compelled to give bond; but, by a special privilege, he shall be placed upon his honor, and only his oath shall be exacted as security. If, however, anyone should neglect to do this, and should fail to take the oath required as security, either in his own proper person, or by his attorney, the judge having jurisdiction shall order (in pecuniary actions) that the property in dispute shall be placed in possession of those who are entitled to it by the authority of the law and the nature of the case.

In criminal matters, however, the accused party shall be deprived of the dignity of which he has rendered himself unworthy through perjury, and the judge is authorized to pronounce the sentence prescribed by the severity of the law upon the defendant as being deprived of his illustrious rank by his own crime, without referring the case to Us for consideration.

(1) We think that the following privilege should be added to those enjoyed by persons of illustrious rank, that is to say, persons of this kind should not be compelled to appear in court in either civil or criminal proceedings, except in pursuance of a written order.

18. The Emperor Justinian.

We order that, with the exception of the honor attaching to Imperial notices of recall, all inferior and superior magistrates invested with authority, as well as those who are designated illustrious shall, without first obtaining Our permission, be allowed to visit this Imperial Capital, whether they have formerly left it with the consent of the Emperor, or whether, residing in the provinces, they come here only when their business requires it.

TITLE II.

CONCERNING PRAETORS, PRAETORIAN HONORS, AND THE

ABOLITION OF THE CONTRIBUTIONS KNOWN AS GLEBE,

LEAF, AND SEVEN SOLIDI.

1. The Emperors Arcadius and Honorius.

No one of illustrious or noble rank who resides in a province shall, hereafter, be called to the Prefecture, but everyone of such persons shall remain safely and securely at home, in the enjoyment of his dignity.

2. The Same Emperors to the Senate.

We order that the impositions known as "glebe," "leaf," and "seven solidi," of every description, whether they have reference to persons or to property, shall be absolutely abolished, and that no contributions of this kind shall, hereafter, be exacted.

TITLE III.

CONCERNING CONSULS, AND THE PROHIBITION AGAINST THEIR SQUANDERING MONEY, AND CONCERNING PREFECTS, MILITARY COMMANDERS, AND PATRICIANS.

1. The Emperor Valentinian.

It was long since established, with reference to men of consular rank, that, as they were invested with the same honor and enjoyed the same privileges, those should take precedence who are superior only in point of time of service. For who of several persons possessing the same dignity should be considered entitled to priority unless the one who first obtained the position? He who subsequently became Consul, although he held the same office, should certainly give place to a predecessor.

This rule shall also be observed where anyone has repeatedly held the office of Consul; for, where the official insignia are frequently obtained, while they prove the virtues and the merits of the incumbent, they do not increase them, because nothing is added to the eminence of the position. Where, however, a Consul who has held one office after another acquires the dignity of patrician, he will be entitled to precedence over one who first secured that dignity, although he may have been more recently raised to patrician rank.

2. The Emperor Leo.

We wish to restore the Order of the Consulate to its ancient splendor, so that persons who obtain that honor may do so through their merits, and not by cultivating the favor of the people, and, laying aside the desire for gain, the candidates may have in view only the venerable practice of their ancestors and the auspicious ornaments of antiquity which are peculiar to the office. Therefore, We desire that other Consuls shall have this example before them, and We shall not suffer them to incur great expense to no purpose. Hence, Consuls shall, hereafter, abstain from the vile practice of scattering money among the populace, and what they lose in this way and formerly squandered without any compensating advantage should be employed for better purposes, and in measures contributory to the public welfare. If, at the beginning of every consulate, a hundred pounds of gold is paid by the Consuls for the maintenance of the aqueduct of this great city, each of them will know that this sum has been given for the benefit of his country, and that what has been bestowed will remain a perpetual evidence of his generosity,

3. The Emperor Zeno.

No one shall be permitted to attain to the high rank of the patriciate (which takes precedence of all others) unless he has first held the office of Consul, that of the Praetorian Prefecture of the East, or of Illyria, or of the City, or is known to have been a general of the army, or to have occupied the position of Master of the Offices, as only per-

sons of this kind who are at present administering these public employments, or may do so hereafter, shall be permitted to attain the dignity of patrician, when We desire to confer it.

And, as We think that, in all respects, We should consult the interests of this Most Glorious City, which is the capital of the entire world, We order that all those who shall, hereafter, by the favor of the Emperor, be invested with the eminent dignity of honorary Consul, shall pay a hundred pounds of gold for the purpose of repairing the public aqueduct, just as those who, for a year, are elevated to the consular office, for it is only proper that this Most Flourishing City, by the munificent donation of a hundred pounds of gold, should be reminded of the benefits resulting from the bestowal of the honorary consulate.

4. The Same Emperor to Sebastian, Prsetorian Prefect.

We decree that all those who, up to this time, have been honorary Consuls, or who may become so hereafter, can, with the permission of the Emperor, conduct the business of the Consulate for a year, and that, having done so, they shall not be considered as having obtained any new distinction, or one which they have not yet acquired, but shall be considered to have again enjoyed the benefit of the consulship to which their honorary rank has already entitled them; and with reference to the adoration of the Imperial dignity, or any other honors and privileges which the Consuls could claim in former times, they are notified that the rank of Consul will date from the time when they were first appointed.

It should also be observed that where anyone of consular dignity afterwards becomes actual Consul, he shall not again be obliged to contribute a hundred pounds of gold for the maintenance of the aqueducts of this Glorious City, in accordance with the tenor of this Imperial constitution, as these were paid when he was raised to the position of honorary Consul.

5. The Emperor Justinian to John, Prsetorian Prefect.

We order that all those illustrious men whom We have raised to the high rank of patrician shall immediately, upon receipt of the Imperial commission, become the heads of households, and be released from paternal authority, lest it may appear that those who are honored by Us as fathers shall not be subject to the control of others. For, indeed, it would be intolerable for a father to be able, by emancipation, to release his son from the bonds of his authority, but that the Emperor should not have the power to free from the control of another one whom he has chosen to occupy the position of father to himself; for, if the contrary opinion did not prevail, the majesty of the Emperor would appear to be diminished by such an assumption. And while it is certain that this very rarely happens, as the son of a family does not often attain to the honor of patrician, although this is customary in the case of Consuls, still, in order that such an occurrence may not at some time take place, and no law be found applicable, We have decided that this Constitution shall be promulgated by Us.

TITLE IV.

CONCERNING PRAETORIAN AND URBAN PREFECTS AND MILITARY COMMANDERS.

1. The Emperor Valentinian.

We place the Prefect of the City, the Prsetorian Prefect, and the generals of cavalry and infantry in the same class, so far as their rank is concerned, as We desire that after they have retired to private life, those will take precedence who first, in order of time, have obtained promotion and the commissions which conferred their offices upon them.

2. The Emperor Leo.

A general of cavalry or infantry shall take precedence over anyone appointed Prefect, when both have relinquished this office and become private citizens, provided he was appointed before him; and, therefore, he who was first selected and the distinction of whose magistracy is of more ancient date shall take precedence in voting and speaking over a more recent appointee.

TITLE V.


CONCERNING THE IMPERIAL CHAMBERLAINS, AND VALETS-DE-CHAMBRE AND THEIR PRIVILEGES.

1. The Emperors Arcadius and Honorius.

The officials having charge of the Imperial bedchamber shall enjoy the same rank as that conferred upon the Prsetorian or Urban Prefects or upon those exercising the authority of generals of the army, so that, after they have relinquished the duties of their employment, no distinction shall be made between them, either in the solemnities accompanying the adoration of the Emperor, or in the solemn festivities, assemblies, attendance at court, or any other ceremony in which they may be called upon to take part. In such cases, the order observed shall be regulated by the date of their appointment, and they shall wear their usual costume, as it has been clearly decreed that he shall take precedence whose appointment was first in order of time, and that he shall rank second whose nomination is shown to be more recent.

2. The Emperors Theodosius and Valentinian to Proculus, Prse-torian Prefect.

We order by this law, which shall be perpetually observed, that all officials of the Imperial bedchamber, after having retired from office, shall, before they are reappointed to the same places (with the exception of the Chamberlain of the Camp and Count of the Household) enjoy the following privilege, that is to say, they shall not hereafter be obliged by Your Highness to furnish post-horses, vehicles, or lodgings, nor sha.ll they be required to perform ignoble services, lest they may,

during the time of leisure and quiet, appear to lose the honors which they have obtained by service; and We decree that their houses, both in this Imperial City and in all towns whatsoever, shall be free from the annoyance of furnishing lodgings to anyone, no matter what his rank may be. If the Governors of provinces and their subordinate officers either connive at the violation of this Our law, or contravene its provisions in any way, they shall be fined ten pounds of gold.

3. The Emperor Martian to John, Count and Master of the Offices.

As it is certain that the officials of My Imperial bedchamber, as well as those of the August Empress, perform the same duties, and have access to the same secret apartments of the palace, they should not be subject to different jurisdictions, and We release them from obedience to the orders of other tribunals, so that they can only defend themselves against actions brought before Your Highness.

4. The Emperor Leo, to Puseus, Prsetorian Prefect.

We decree that all slaves who have been donated by anyone for attendance in the Imperial bedchamber, or who may hereafter be given or appointed for such a purpose, and who formerly were or hereafter may be attached to the service of the Emperor (even though the appointment may not have been made in writing) shall, after they have been associated with the other chamberlains, become free and freeborn, and be considered such, and We desire that this rule shall not only apply to those who are living, but also to all who are dead. For as this privilege is considered to be peculiar to the majesty of the Emperor, namely, that he should not make use of the services of slaves, as men of private condition do, but of those of freemen, it is extremely unjust that they alone should suffer the inconveniences incident to inferior rank.

It shall be lawful for such persons, just as in the case of others who enjoy the advantages of free birth, to make wills disposing of their estates, but no one must entertain any doubt that the property of such of them as die intestate will escheat to the Treasury as that of decedents who have left no lawful heirs.

We desire all these regulations to be diligently observed where persons have voluntarily given an eunuch to be employed in the duties of the Imperial bedchamber. If, however, the eunuch should have been placed there by force, or should have ventured to undertake the service of the Imperial bedchamber without the consent or knowledge of his master, the latter is authorized to invoke the aid of the law, and recover (together with his -peculium} him whom he can prove is his slave, and who, without his knowledge or consent, has entered the service of the Imperial bedchamber.

As, however, it is not proper for persons who have been injured to be denied the power of applying for relief, so We do not permit that the way for bringing vexatious lawsuits shall remain open too long, and therefore We fix the term of five years within which a master can institute proceedings against such slaves; and if he should fail to act

within that time, he shall not be permitted either to claim the slave and his peculium, or even the property of his freedman as his own. All these rules which We have laid down with reference to the male attendants of Our bedchamber are also applicable to any females who have been or may be donated for this service, and We decree that they shall govern them and continue to be in force whether the said attendants are living or dead.

5. The Emperor Anastasius to Eusebius, Master of the Offices.

We order that the two illustrious chamberlains of Ourself and Our Consort, the Empress, after having finished their terms of service, and having been raised to senatorial rank, shall have a right to wear the military belt whenever they visit their estates, or travel for any purpose, as this is conceded in compliance with their wishes, and will result in no one's injury.

TITLE VI.

CONCERNING QUAESTORS, MASTERS OF THE OFFICES, AND COUNTS OF THE IMPERIAL LARGESSES AND OF PRIVATE

AFFAIRS.

1. The Emperors Arcadius and Honorius.

Those who have been honored with the office of Quaestor or Master of the Offices, or have been Counts of either of Our Treasuries, shall be received with the usual acclamations and shall not be passed by as unknown.

TITLE VII.

CONCERNING THE PRIMICERIUS, THE SECUNDICERIUS, AND

NOTARIES.

1. The Emperor Leo.

We especially desire that notaries shall always retain their title; and therefore, if any members of this order retire in order to be at rest, or resign their offices, or relinquish them on account of old age, or should subsequently attain to any other dignity, they shall not lay aside the title obtained from their former employment, but shall add to it that of their subsequent dignity; and if any official, and especially if anyone attached to the office of Your Highness, should rashly charge a former notary with any duties pertaining to the collection of taxes, the assessment of property, or anything else of this kind, he is hereby notified that as soon as he is detected, even though he may only have been guilty of negligence, he shall be heavily fined and excluded from .the corps of accountants.

2. The Emperor Justinian.

We think that the eminent and noble body of tribunes of the Notaries who render important services to the public should be encouraged

and increased by the bestowal of distinctions and privileges; hence We have deemed it proper to decide that those who have attained to the rank of primicerius shall remain in the office for the term of two years. Moreover, We order that those tribunes who, being occupied in their own affairs, absent themselves from the Imperial palace for a year, even though they may have obtained a permit to do so, shall lose one grade on account of their absence for that time; and if they should be absent for two years, they shall lose two grades; and if for three years, they shall lose three; and if for four years, they shall, in like manner, be subjected to the loss of four grades; and be placed below those who formerly were inferior to them in rank. Those who have failed to appear for a period of five continuous years shall have their names stricken from the registers of tribunes, but shall not be excluded from the Order, for men who are in this condition can perform none of the duties relating to the census, the imposition of taxes, the assessment of property, or any other matters of this kind.

We have considered it especially necessary to establish these rules in order that no one may, through political intrigue, official favor, or any other means whatsoever, attain to a rank to which he is not entitled, and take precedence of others without reference to service while transacting his own business.

When any tribune, after long and arduous service, is forced to retire on account of age, he shall, after having ceased to act as primice-rius and chief accountant, obtain the rank of Master of the Offices, just as if he had discharged the duties of the latter, and shall wear the insignia of the same, according to ancient custom, and he can assume priority over all others even though they may have preceded him in point of time.

TITLE Vill.

CONCERNING THE MAINTENANCE OF THE ORDER OF DIGNITIES.

1. The Emperor Theodosius.

If anyone should usurp a place to which he is not entitled, he cannot defend himself on the plea of ignorance, but he shall undoubtedly be considered guilty of sacrilege, as having disregarded the Imperial mandates.

Given at Milan, on the twelfth of the Kalends of June, during the Consulate of Richomer and Clearchus, 384.

2. The Emperors Theodosius and Valentinian.

All persons are notified that the order of precedence shall be observed as follows: those who are performing the functions of an illustrious employment shall have the first rank; next come those who have formerly held such an office, and at present have a right to wear the

military belt, the badge of illustrious dignity; and We assign the third place to those to whom the insignia of illustrious rank have been sent; fourth, those who, being present, have obtained honorary distinction through Our letters, without the military belt; and fifth, those who, while absent, have been invested with the insignia of illustrious dignity, without the military belt. We decree that the administrators, or Counts of Private Affairs, shall take precedence of those upon whom have been bestowed the honorary titles of illustrious dignity.

We do not, however, think that all those who, at present, are engaged in the public service should always be entitled to priority over such as are merely invested with the honorary title, but only where the parties are of the same rank, and one of them has the administration, as well as the honors, and the other the honors alone. Hence, the Prefect takes precedence of the Qusestor, and not the Quaestor of the Prefect; and, in like manner, the active Qusestor takes precedence of the Qusestor who is not in office; and the Count of the Treasury, or the Count of Private Affairs, shall be preferred to an honorary Quses-tor or Master of the Offices.

We decree that those should be numbered among the incumbents of offices who, being of illustrious rank, have, in Our Imperial Consistory, been previously entrusted with matters of ordinary importance, or whom We may hereafter charge with such duties; for example, where the prosecution of hostilities is committed to some general not in active service. For why, for instance, should not the distinguished general, Germanus, whom We have ordered to conduct a war against the enemy, be considered as discharging the duties of such an office? Or why should not the eminent Propentadius who, being a soldier, We have appointed, instead of the Praetorian Prefect, to superintend the organization of the army, be said to administer the Prefecture?

TITLE IX. CONCERNING THE CHIEFS OF THE IMPERIAL BUREAUS.

1. The Emperor Anastasius.

The indulgence of Our liberality should be bestowed upon the distinguished Chiefs of the Imperial Bureaus who, in the capacity of secretaries are, as it were, associated with the Emperor; and therefore We decree that, after they have relinquished their office, they shall be exempt from all contributions, whether these are imposed by civil or military authority, and that they shall be absolutely free from the annoyance of being compelled to submit to any contribution, public or private, that may be imposed by Your Highness.

We desire that this privilege shall also be transmitted to their descendants, and by the latter to their next of kin. The office of Your Highness shall be condemned to pay a fine of fifty pounds of gold, if you permit this law to be violated in any respect whatever.

TITLE X. CONCERNING THE COUNTS OF THE CONSISTORY.

1. The Emperors Gratian, Valentinian, and Theodosian.

Generally speaking, We decree that those upon whom the title of Count of Our Consistory has been conferred shall be deemed equal in rank to the distinguished Proconsuls.

2. The Emperor Justinian.

The distinguished Counts of Our Consistory, together with their wives, their children, and their slaves, shall enjoy the same privileges in bringing actions at law, and in defending the same, as the illustrious chiefs of the guild of agents are entitled to, in accordance with the Imperial Pragmatic Sanction of the Emperor Zeno, of Divine Memory.

TITLE XI.

CONCERNING THE COUNTS AND TRIBUNES OF ASSOCIATIONS.

1. The Emperor Valentinian.

The chiefs and tribunes of the various associations whose members serve at the Imperial banquets, and from former times have enjoyed the privilege of adoring the Emperor (among whom are included the Counts of the Imperial Stables, and those having charge of the palace), where they have been invested with the title of Count of the First Rank and have not attained to a higher dignity, We order shall, after they have relinquished their office, be classed with the Counts of Egypt or Pontus, whose relative position is the same. We order that those who have not risen to a more exalted degree of nobility shall, after they have retired from service, be considered equal in dignity to the dukes of the provinces.

TITLE XII. CONCERNING MILITARY COUNTS.

1. The Emperor Leo.

Those who, after having led armies in provinces beyond seas, have, in consideration of their merits, obtained the rank of Count of the First Rank, shall be entitled to the same honors as those who have been invested with the insignia of the proconsulship.

2. The Emperor Anastasius.

We place in the same class with dukes who have administered their office in the provinces (with the exception of those of Egypt and Pontus) all who have been appointed by Our authority Counts of the First Rank, and dispatched with armies for the protection and defence of any of the provinces, or have undertaken the duties of generals.

TITLE XIII.

CONCERNING THE COUNTS AND CHIEF PHYSICIANS OF THE IMPERIAL PALACE.

1. The Emperor Zeno.

We decree that the Chief Physicians of the palace who have obtained the dignity of Count of the First Rank shall hold the same position as vicegerents, whether they have already retired from office, or may hereafter do so, in order that no difference of degree may exist between the vicegerents and dukes who are still administering their offices, and those who have obtained the title of Count of the First Rank, except that arising from the length of time which he who is in office or has attained the insignia of count may have served.

TITLE XIV. CONCERNING THE COUNTS WHO GOVERN THE PROVINCES.

1. The Emperor Zeno.

Those who have been occupied in the civil or judicial administration of the government, and have become entitled to the rank of Count of the First Rank, shall enjoy the privileges attaching to the office of Imperial Vicegerent, after they have relinquished their official employments.

TITLE XV.

CONCERNING THE PROFESSORS WHO, BY GIVING INSTRUCTION IN THE CITY OF CONSTANTINOPLE, HAVE ATTAINED TO THE RANK OF COUNT.

1. The Emperor Valentinian.

It has been decided that grammarians, both Greek and Latin, Sophists, and jurists practicing their profession in this Imperial City, who being regularly registered, have distinguished themselves for good morals, and can show that they possess the ability to teach eloquence, as well as skill in interpretation, and talent in debate, and who have been considered worthy of becoming members of the Senate, after they have passed twenty years in their profession, and in imparting knowledge, shall be honored, and placed in the same class with the Imperial Vicegerents.

TITLE XVI. CONCERNING SILENTARII AND THEIR DECURIONS.

1. The Emperors Honorius and Theodosius, to Ursus, Prefect of the City, and Aurelian, Praetorian Prefect of Illyria.

The decurions of Our palace, after having faithfully performed their duties and relinquished their office, shall have the choice of either

receiving from the Emperor the title of Master of the Offices or that of illustrious Count of the Domestics, that is to say, the rank of those in active service, so that they may enjoy the privilege not only of adoring the Emperor, but also of saluting public officials, as well as all the other advantages attaching to the above-mentioned dignities, in addition have the honor of being present at the meetings of Our Imperial Consistory.

2. The Same Emperors to Venantius, Prsetorian Prefect.

Every decurion, or silentarius, shall be exempt from the service of furnishing horses and other extraordinary impositions; nor shall he pay any tax which is usually imposed under such circumstances, and no authority or necessity shall subject him to anything of this kind.

3. The Emperor Valentinian.

Decurions and silentarii are notified by this law that all the privileges formerly granted them by other Divine Emperors are hereby confirmed, even where they have been promoted to a superior position, and their rights shall not be prejudiced by the issue of any pragmatic sanction, nor shall the authority of the Prefecture subject them to the necessity of furnishing post-horses or lodgings; and We hereby release them from all ignoble services, from the burning of lime, and from the charge of the superindiction.

We decree that their houses, not only in this Imperial City, but also everywhere else, shall be exempt from providing lodgings, no matter by whom this may be authorized, and a fine of ten pounds of gold shall be imposed upon the judges of the provinces and their offices if they violate this Our law.

We add to the above-mentioned privileges, that the said decurions and silentarii, after they have retired from office and have been included among the illustrious senators, shall have a right to the honors of the curia without performing any duties, and can rejoice in the full possession of their dignities and immunities. Under this regulation, however, only thirty silentarii shall be entitled to this honorable distinction, and We decree that three decurions, and no more, shall enjoy the above-mentioned privileges, after they have discharged their official duties uninterruptedly for thirty consecutive years.

4. The Same Emperor.

In order that the silentarii may not be removed from their places near Our person to appear in court, We order that those who desire to bring either civil or criminal actions against any member of the guild of silentarii, or his wife, cannot proceed in any other tribunal than that of the distinguished Master of the Offices.

5. The Emperor Justinian.

We order that the illustrious silentarii in service, when they are under the control of their parents, shall possess as castrense peculium

whatever they may have obtained, or may hereafter acquire by way of emoluments, donations, inheritance, or from any other source, while in office; nor can their parents, if they survive them, claim such property for themselves, or take it from them; nor, after their death, can their own brothers, or any other of their heirs, divide the same as belonging to the estates of the said deceased persons, as they cannot be deprived of the fruit and profits of their labors. For the same reason, We do not permit the silentarii to be compelled to account for, or place in the mass of the estate of their deceased parents, any property which they may have received from their relatives, or from any other source, or which they may hereafter obtain, at the time that they were admitted into the corps of the silentarii, and they shall not be assessed or compelled to pay any money by way of contribution under such circumstances.

We order that they shall be exempt from the administration of guardianship and curatorship, as they should not be obliged to transact the business of others; for the reason that, on account of the services required of them by Us, they cannot devote proper care or attention to their own affairs.

Moreover, their children, who have already reached or may hereafter attain to the rank of distinguished counts or tribunes, shall, by no means, be compelled to undertake or conduct the administration of the Prefecture without their consent, and all privileges heretofore conferred upon those now in office shall also be enjoyed by persons hereafter admitted to the same body, and this rule shall apply not only while they are in active service, but also after their retirement.

TITLE XVII. CONCERNING DOMESTICS AND PROTECTORS.

1. The Emperors Valentinian and Valens.

Domestics and protectors belonging to the royal palace shall have a right to embrace the Imperial Vicegerents when they salute them, for it would practically be an act of sacrilege if this honor were not allowed those who are considered worthy of touching the Imperial purple.

2. The Same Emperors and Gratian.

The primicerius of both the corps of domestics and protectors, after obtaining the office of tribune, shall have the rank to which dukes are entitled; and others of the same body, to the number of ten, shall enjoy the consular dignity.

3. The Same Emperors to Sposaterus, Count of the Foot Domestics.

Any domestic who is absent, but not on public business nor under a permit granted for that purpose, and fails for the space of two years to discharge the duties which he owes to the Emperor, shall be

reduced five grades, and if he is proved to have been away for three consecutive years, he shall be reduced ten. If he should be absent for four years, he shall be assigned to the lowest place; and where he has been a wanderer for the term of five years, he shall be deprived of the insignia of his office; for those who discontinue the performance of their functions for so long a time, when they should perform them assiduously, are unworthy of membership in the order.

4. The Emperor Anastasius.

We have determined that it should be decreed and established by this pragmatic sanction, which shall be perpetually observed, that where anyone has obtained the place of secundicerius in the corps of mounted domestics, and dies while administering the office, his heirs shall have the right to his salary and perquisites, not only for the remainder of that year, but also for the following year, that is to say, during which he would have performed the duties of primicerius, so that his heirs will be entitled to all his emoluments, just as if he had survived until the expiration of his term of office.

TITLE XVIII.

CONCERNING THE SUPERINTENDENTS OF PUBLIC WORKS. 1. The Same Emperor.

Those who have been appointed by Us Superintendents of Public Works shall rank as nobles entitled to the same position as persons of consular dignity, for members of Our retinue are worthy of distinction.

TITLE XIX.

CONCERNING PERSONS ATTACHED TO THE OFFICE OF IMPERIAL SECRETARY, AND OTHERS WHO ARE EMPLOYED IN

THE SAME.

1. The Emperors Gratian, Valentinian, and Theodosius to Cyne-gius, Prsetorian Prefect.

We place the Imperial secretaries employed in drawing up memorials, letters, petitions, and inventories in the same class as vicegerents, and declare them entitled to the same rank as those who, as the subordinates of prefects, have been appointed to the government of departments from the time when they obtained the office. Such officials, who have subsequently been promoted to the position of vicegerents, take precedence over others who have not yet attained to that dignity, and shall not be liable to any ignoble service whatever.

2. The Emperors Valentinian, Theodosius, and Arcadius to Con-stantius, Prsetorian Prefect of the Gauls.

Those who serve in the offices of the Imperial Secretaries, and exercise the functions of ordinary or distinguished judges, shall not be

summoned to court, or compelled to accept public employment against their will. Superior officials, cornicularii, and the heads of departments are hereby notified that they will be fined three pounds of gold, to be collected out of their property, if they do not permit them to enter Our Consistory, or the office of Secretary of the Judges, or if proper respect is not shown them when they are admitted into the Imperial presence, or if they should be refused permission to sit with the judges. Given on the sixth of the Ides of November, during the Consulate of Timasius and Promotus, 389.

3. The Emperors Theodosius, Arcadius, and Honorius.

Those who are employed in the offices of the Secretary of the Imperial Palace, that is to say if, after they have served for twenty years in drawing up memorials, letters, petitions, and inventories, they should decide to retire, shall be raised to the consular dignity, and they should, in consequence, obtain the same honors as are usually conferred upon former Consuls; nor shall anyone be permitted to annoy them by imposing any duty upon them, or by ordering them to perform any service.

4. The Emperors Arcadius and Honorius.

We order that the property of all those employed in the offices of the Imperial Secretaries, that is to say, those who draw up memorials, letters, petitions, and inventories, shall be secure and exempt from the imposition of any compulsory contribution for ignoble purposes, and that the said persons shall have no apprehension of an assessment, or any other exaction, and shall only be liable to the payment of the usual tax; so that the dignity obtained by their labor may not be subjected to any extraordinary burden, or be compelled to contribute to the fund of vehicles or post-horses; and this shall apply to anyone at present serving in said offices, as being the privilege and exemption to which their long service and their industry entitle them.

We decree that this rule shall also apply to their estates, and that they shall continue to enjoy this privilege, even though they may be promoted to a higher position; so that no matter what their rank and fortune hereafter may be, they will still profit by the advantages obtained by their service in the office of the Imperial Secretaries.

5. The Emperors Honorius and Theodosius to Faustinus, Prsetorian Prefect.

By way of granting a special favor, We order that those who are employed in the offices of the Secretaries charged with drawing up memorials, letters, and petitions shall, from the receivers to the Mello-proximi, obtain the dignity and honor of nobles, and like the others who are serving in the same offices, shall legally be entitled to attend the meetings of Our Council, just as ordinary judges can do; so that they upon whom We have conferred this noble rank may know that they can claim the same respect as other distinguished persons, and

be informed that they have received permission from Us to enter and sit in Our Council.

Given at Ravenna, on the eighth of the Ides of June, during the Consulate of Lucius, 413.

6. The Same Emperor and Valentinian.

We decree that, hereafter, those who are employed in the three bureaus of the Secretaries' office having charge of memorials, letters, and petitions, shall obtain the rank of Proximi after one year's instead of two years' service, as was formerly prescribed.

Given at Constantinople, on the eighth of the Ides of February, during the Consulate of Theodosius, Consul for the seventh time, and Palladius, 416.

7. The Emperors Theodosius and Valentinian to Nomus, Master of the Offices.

We order that the promotion of persons employed in the offices of the Imperial Secretaries shall be dependent upon their length of service, and that all supernumeraries stationed in the said offices shall occupy the vacant places which they may obtain, in the same order. This rule shall be applied in such a way that no one who has been recently enrolled can aspire to a place to which he has no right; except where he is found to be more competent to perform the work, and has been decided to be worthy of promotion by the testimony of fifteen of the employees of the said office of Secretary, and entitled to precedence, which shall be confirmed by oath.

We desire that this rule shall be observed by everyone, with the exception of the sons of those next in order of preferment. For We decree that each of those shall cause one of his sons to be admitted into the order, with strict reference to priority of time (even if he is known to be lax in the performance of his duties), and he shall be preferred to those of more recent appointment, but who are more competent. We order that any supernumerary, who has been admitted as an active member, shall pay to the one next in succession the sum of two hundred and fifty solidi and twenty or fifteen solidi to the Melloproximus or assistant, in compliance with the custom of each Secretary's office.

If, however, any of the supernumeraries, with a view to avoiding paying the money, should decline the promotion to which he is entitled, the place shall be offered to the next one in order, upon payment of the aforesaid sum, so that if the second, the third, or any other should refuse to accept the place, it may be given to the immediate successor of him who last refused it.

Moreover, We are unwilling for those who have declined promotion in their regular order to be excluded from their grade, but when another vacancy occurs, We order that they shall have full power to obtain it upon the same terms which they formerly rejected, namely, by paying the sum of money requisite to secure the place.

8. The Same Emperors to Nomus, Master of the Offices.

We decree that those first in order in the office of the Imperial Secretaries, as well as in that of the Count of the Inventories, whose fidelity, long-continued industry, ability, probity, and diligence deservedly commend them to promotion shall, when their terms of service have expired, obtain for life the insignia of office of Count of Our Consistory, and shall continue to enjoy all the privileges which have previously been conferred upon them; for We have decided that persons to whom the secrets of Our government have been deservedly committed should be adorned and decorated with the honor of the office aforesaid.

9. The Emperor Leo to Patricius, Master of the Offices.

Those who are employed in the offices of Our Imperial Secretaries, and have been granted a temporary leave of absence cannot, during that time, be subjected to civil suits or criminal prosecutions, but with their wives and children shall remain unmolested and not be liable to public taxes or employments, and they can even claim exemption from these after their terms of service have expired. Their houses, likewise, which they own in the provinces, shall be free from the annoyance of lodging soldiers.

10. The Same Emperor to Hilarianus, Count, and Master of the Offices.

We direct that the number of employees in the office of the Secretary charged with keeping records shall not exceed sixty-two; those in the department of letters are limited to thirty; those in that of petitions to twenty-four; and that those whose duty it is to decipher and copy old laws in the bureau of historical documents shall never be less than four in number. Moreover, those persons above mentioned who are employed in the Bureau of Records shall never perform double service, nor shall they draw up duplicates, so that several persons will not be engaged in performing the duties of one, and nothing be left for the others to do.

11. The Emperor Zeno.

If anyone employed in the offices of the Imperial Secretaries, that is to say, in those of the records, inventories, letters, and petitions, who has already been appointed, should die, the substitute who occupies the vacancy as being next in the line of promotion shall pay, by way of consolation to the heirs, successors, children, and creditors of the decedent, the sum prescribed by the Imperial Constitutions of the Emperors Theodosius and Valentinian, of Divine Memory. Those who lent money to the deceased to enable him to secure the position, even if the succession or estate should not be accepted or entered upon, will still be entitled to preference over the others; and the children, the agnates, and the cognates shall have the right to receive the said sum of money, not by way of inheritance, but as a privilege, and they shall be permitted to demand it, and bring suit for its recovery; and

Our law must not be evaded or violated by the commission of any fraudulent act, and especially as there can be no doubt that, when the distinguished Proximi of the Secretaries' office die without having completed their terms, they can transmit to their heirs and successors the remainder of their salaries, without any diminution whatsoever.

12. The Same Emperor to Celer, Master of the Offices.

We order that persons employed in the offices of the Imperial Secretaries, as well as their parents, wives, and children, shall not be obliged to answer in any civil or criminal proceeding, except before the tribunal of Your Highness. Moreover, their tenants, serfs, and slaves residing in this Imperial City shall enjoy the same privilege, and the assistants of the Proxlmus, or the ordinary employees, shall only be compelled to be sworn; so that if anyone of them is forced to appear in court, he Will only be required to furnish security by oath; and if he has no real property, any slaves or serfs belonging to him will be released, if their master becomes surety for them.

(1) We also order that the amount to be donated as sportulse shall be reduced, and that only one solidus shall be paid to each one of the court officials during the progress of a case; and two where it is brought before Your Highness; and a half a solidus must be paid to the copyists for drawing up the papers; and if the case should be referred to an arbiter, one solidus, and no more, shall be paid to him; and We decree that the third part of a solidus shall be given to the officers for their services, not only for publication of notices, but also for the report and the inventory.

We direct that the eminent Patron of the Treasury in office at the time, as well as those officials whose duty it is to diminish litigation, shall demand or extort nothing from them; and We order that half of the expenses which may be incurred by the above-mentioned persons in the proceedings before Your Highness shall only be paid by them in tribunals in the provinces, so that if they become involved in litigation with reference to contributions of grain, or guardianship, or curatorship, or notice not to construct a new work, and where the case is brought before a higher tribunal, as for instance, before the Prefect of Subsistence, or the patron of the Noble Prefecture of the City, or of the Architects, the parties cannot be compelled to pay more by way of costs and expenses than the amounts above prescribed with reference to proceedings before the tribunal of Your Highness.

(2) We order all these rules to be observed, whether the parties to the action themselves desire to conduct the case, or to have it done by their attorneys, or even by their defenders. This will only apply when they have been notified in writing to appear.

(3) If, however, they should be proceeded against by deposition, or in any other way, no payment of sportulte shall be required of them, either by the office of the illustrious assistant, or by anyone else, and they shall be entitled to all the above-mentioned privileges, as well as of those afterwards granted by former Emperors, not only in favor of such as are still in office and afterwards become engaged in that serv-

ice, but also of such as have retired, or may hereafter withdraw from the employments aforesaid, so that they, together with their wives, children, vassals, and slaves, may reap the benefit of said privileges.

(4) And as We desire all litigants to be treated with equal justice in the controversies brought before judicial tribunals, We decree that the benefit of the privileges aforesaid shall also be shared by their adversaries; and for this reason We order that those who are employed in the Bureau of Records shall not only enjoy the privileges granted by Us in bringing, but also in defending actions for them; and that those employees in the said Department who have retired, and fixed their domicile in the provinces through love of tranquillity, shall still be protected in the enjoyment of all the rights conferred upon persons of this kind, by the law which We have recently promulgated; and that they shall obtain all the advantages and benefits derived from the same.

13. The Emperor Justinian to Proculus, Qusestor of the Imperial Palace.

Having ascertained that Our predecessors, the Emperors, formerly fixed the number of deputies of Your Highness, and declared that it should not be lawful for any larger number to assume the name or discharge the duties of the office, and that there should only be twelve of them in the Bureau of Records, and seven in the other two Bureaus of Imperial Letters, and Petitions, and in consideration of the fact that afterwards the number was increased by political intrigue, so that the routine of the office was disturbed, and business interfered with through the swarm of employees to such an extent that there is at present very little difference between the number of recorders and their deputies:

(1) Hence We decree that the law fixing the number of persons employed shall be restored, and that number reduced, but not in such a way that any of the deputies who exceed the prescribed number shall be dismissed, but that hereafter no one shall be appointed to the place until the number has been decreased, and only those authorized by law remain. Any deputies who may relinquish their office on account of promotion to a higher dignity, for example, those who are raised to that of laterculus in the office of the Imperial Secretary, or who obtain the second place in the other two offices, after they have been appointed proximi, shall not be prevented from subrogating to themselves those whom they may select for that purpose, even though the latter may be entitled to precedence, and although the number may not yet have been reduced to what it was originally.

(2) We think that the following rule should be established, because it is supported by precedents, and for the reason that it is consonant with the principles of justice, namely: that a petition should be presented to the illustrous Qusestor, then in office, by him who has been given permission to appoint someone in his stead, requesting his signature, and setting forth the term of service and the rank of the person to be subrogated, as well as a full statement of the case, that is to say, why he should be permitted to appoint the individual whom he desires to subrogate to himself. In the appointment of such

deputies, the time when the petition was presented should be taken into consideration, so that the first accepted will always be preferred to one admitted subsequently, and the date of the petition should govern the order of appointment, which rule should also be observed with reference to almost all offices.

14. The Same Emperor to Tatian, Master of the Offices.

We order, by this law, that when the deputies of the Quaestor of Our Imperial Palace have been brought into court, either in civil or criminal proceedings, the strict rule of law and justice shall be obeyed; so that if this should be done without any written documents, the oral statement of the applicant will be sufficient. If, however, papers should be filed in a complaint against one or more of the deputies, all the necessary documents shall be produced, and the deputies must comply with all the proper and legal formalities required in proceedings of this kind.

(1) And, since it is preferable to depend upon evidence and precedents rather than upon unsuitable customs, We decree that what is shown to have prevailed in cases involving employees in the Bureau of Petitions, as well as those in that of Imperial Letters, shall be observed, so far as the deputies in the Bureau of Imperial Records are concerned, so that those who have obtained permission to travel by virtue of a public leave of absence can remain abroad without any diminution of their pay or emoluments; for the illustrious Proximi and Melloproximi, or, in their absence, their deputies, are compelled to pay the absentees whatever may be due them, either out of their own property, or out of the balance of the taxes or contributions, even though the leave of absence may extend beyond the Kalends of January, and include holidays.

(2) We have established these regulations in order that no deputies can, by political intrigue, be added to those who are at present in office, or even after their number has been diminished, although they may have been reduced to their ancient status.

15. The Same Emperor to Tatian, Master of the Offices.

We have already published certain rules having reference to the deputies of the illustrious Quaestor of Our Palace concerning the business of the office, the first of which directs that, until their number is reduced to its ancient footing, none of them can be dismissed for the sole reason that there are more of them than are authorized by law, except where one is promoted to the rank of laterculus in the Bureau of Records, or to the second place in the other two Bureaus, that is to say, those of Imperial Letters and Imperial Petitions; for when these relinquish their offices they have permission to substitute for themselves anyone else whom they may select, who shall be placed in the lowest rank among the deputies, even though they may occupy a higher one among those recommended for the place.

Again, another rule has been promulgated, at the suggestion of Proculus, of illustrious memory, by which We ordered that those depu-

ties who, on account of some accident of fortune, as, for instance, through old age or disease, had become unable to discharge their duties, could substitute other deputies in their stead, which the said Proculus of illustrious memory communicated to Us with the endorsement of the deputies themselves. But as We have ascertained that, in violation of the present law, the number of deputies in the Bureau of Imperial Records, as well as in the two other Imperial Bureaus, that is to say, in those of Imperial Letters and Imperial Petitions, deputies have been both added and removed, and that this has been done under the pretext of a sale, in order that it may not occur hereafter, We communicate the present law to Your Excellency, by which We order that those shall, in accordance with an Imperial Rescript previously issued by Us, only be permitted to substitute others in their stead where they have obtained the rank of laterculus in the Bureau of Records, or the second place in the other two offices, and the other law which We have promulgated on this subject shall be abolished.

Permission shall not be granted to any of the said deputies, unless he has obtained the promotions hereinbefore mentioned, to appoint another to take his place under any circumstances whatever, so that, in this way, the said deputies may be reduced to their ancient number, that is to say, twelve, in the Imperial Bureau of Records, and seven in the other two Bureaus, namely those of Imperial Letters and Imperial Petitions and Inquests.

This law has been established in order that no deputies may, through political intrigue, be added to those who are in office at present, or even after their number has been diminished, notwithstanding it may be the same that it was in ancient times. For if We should decide to prohibit any changes, even though they might be the result of some accidental circumstances, much more reason exists for Our forbidding others to be introduced while the prior incumbents were still in office.

All the remaining provisions of the former law shall remain in full force.

TITLE XX.

CONCERNING AGENTS EMPLOYED IN THE TRANSACTION OF

BUSINESS.

1. The Emperors Arcadius, Honorius, and Theodosius to Anthemius, Master of the Offices.

No one belonging to the Association of Agents shall, hereafter, attempt to occupy a place rendered vacant by the death of another; but he who, by length of service and merit, can claim promotion, and is entitled to the position, shall obtain it, and no objection shall be of any avail.

Given at Constantinople, on the day before the Kalends of July, during the Consulate of Honorius, Consul for the sixth time, and Aristenetus, 424.

2. The Emperors Ronorius and Theodosius to Helio, Master of the Offices.

No one shall, hereafter, without the authority of the Emperor, be permitted to degrade an agent, or exclude him from the association to which he belongs. For after he has proved his membership, he need entertain no fear of the censure of a judge, nor any insult provoked by the humbleness of his origin.

Given at Constantinople, on the third of the Ides of November, during the Consulate of Honorius, Consul for the tenth time, and Theodosius, 415.

3. The Emperor Leo to Patricius, Master of the Offices.

Confirming the register of agents made by Your Highness, We order that hereafter the number of decenarii shall not exceed forty-eight, and the number of centenarii shall not be more than two hundred, and that, in both instances, candidates shall not be considered eligible unless they have passed through the inferior degrees. In like manner, the number of biarchs shall be limited to two hundred and fifty; that of the circiti to three hundred, and the number of knights to four hundred and fifty members.

This rule, which has been adopted at the suggestion of Your Highness, shall remain forever in force, so that if any one of the decenarii whose members We have decreed shall be fixed at forty-eight should die, his heirs at law or testamentary heirs will be entitled to his salary and emoluments, just as he himself would have been if he had lived; for which reason his successor shall not be appointed until his term of office has expired.

No one shall be entitled to enjoy the pay and privileges attaching to membership in the Association of Agents without the sanction of the Emperor, which must be entered on the registers in the office of the Imperial Secretary of Records.

4. The Same Emperor to Patricius, Master of the Offices.

As, in the first place, it has been decreed that those agents who have attained to the rank of ducenarius or centenarius shall, in this Imperial City, be subject to the authority of no other judge, or, indeed, to the supervision of anyone else whomsoever, except that of the distinguished Master of the Offices, to whom is conceded the right of appointing someone to represent them in court, We decree that this rule shall be especially applicable in criminal cases, for it would be absurd if he who had no jurisdiction over pecuniary matters should be obliged to render a decision affecting the life and reputation of another. We order that this privilege shall also be granted to those who temporarily administer the office, although We are aware that, so far as they are concerned, an ancient custom to the contrary has been observed up to this time; still they should entertain no doubt that if, after having relinquished the above-mentioned office, they should not be included among the centenarii, they will be subject to the Common Law. We forbid the enjoyment of this privilege to all the above-

mentioned centenarii residing in the provinces, unless they are absent in the discharge of some public duty, and, in accordance with the ancient rule, We also order them to comply with the decisions of the ordinary judges.

TITLE XXI.

CONCERNING THE OVERSEER OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS.

1. The Emperor Leo to Patricius, Master of the Offices.

We decree, by this law, which shall remain perpetually in force, that agents employed in the transaction of business who, through length of service, have attained the rank of overseer shall, to the number of four each year, in regular succession, be appointed under-assistants to each of the Bureaus of Construction and of the Barbarians, with the exception of those among them who, either in person or by others, are engaged in any kind of trade; for the latter are forbidden by the Imperial Constitutions to hold the office, excepting such as have undertaken the administration and supervision of the property of others. We desire that they shall aspire to such employments, whose efforts have received the approbation of members of the body to which they belong.

Those also are excluded from this Imperial privilege who, while belonging to the said Association of Agents, have become attached to the offices of the Imperial Secretaries, presided over by the Primicerius or Tertiocerius, and who are employed as deputies in drawing up public documents, as they cannot work in two places at the same time; and, in addition to the emoluments which they obtain from the aforesaid posts of secretaries, they should be content with the honor of

being chief.

If, indeed, they should be disabled by disease or age, or incapacitated for any other reason whatsoever, so as to be unable to perform the duties of the aforesaid office, We, in consideration of their former services, do hereby order that they themselves shall, on their own responsibility, have the right to select others to fill their places, by appointing persons who are solvent and of good morals, and possess the requisite knowledge and skill to perform their duties in the said offices of the Imperial Secretaries.

2. The Emperor Anastasius to Celer, Master of the Offices.

We decree by this most salutary law that agents employed in the transaction of business shall, as in the case of officials charged with the collection of sportulss, in the judicial duties assigned to them, be liable to the costs, the payment of which they or their adversaries may be condemned, and that the same rule shall apply where attorneys have been appointed by them to conduct their cases, and they shall enjoy the benefits which have already been granted by the Imperial Constitutions to those engaged in the service of the government; and where a solvent

surety must be provided, he shall be a member of the same body, and they will not be compelled to offer a stranger.

Still, all privileges that may have been granted by Imperial Constitutions to centenarii, decenarii, chartularii, or illustrious chiefs, after they have retired from service, and which have been enjoyed up to the present time, shall remain intact and inviolate; as it would be extremely absurd, and even rash, for this evidence of Our liberality to diminish, by some subtle interpretation, the privileges already conceded, when the intention was that they should be increased.

The same rule shall be observed with reference to the mothers and wives of those persons, as well as to children who are under their control, so that neither they nor their slaves may be compelled to perform any other service, and any of the above-mentioned persons residing in the provinces shall be entitled to the same privileges. All of them, however, shall be required to pay their share of the sportulss, and the expenses of litigation, that is, the third part of the sum above mentioned. Any persons who, in any way or at any time, violate this law, or permit it to be done, shall be liable to a fine of ten pounds of gold, and be subjected to other severe penalties.

TITLE XXII.

CONCERNING THE CHIEFS OF AGENTS EMPLOYED IN THE TRANSACTION OF BUSINESS.



1. The Emperor Zeno.

We reward agents employed in the transaction of business after they have retired from office, with the honors of the chieftainship; and therefore those who, without the authority of the Emperor, have been raised to this dignity, cannot, as officials, be charged with any matters having reference to public or private affairs; and they cannot, without the interposition of Imperial authority, be compelled to appear in person, even where they are called upon to do so in the place where they reside.

We desire advocates to be notified of this, lest, without the knowledge of the Emperor, they may present some claim against a person of this kind, which should not be done even where it has reference to matters in which others are interested, and where fraud is said to have been committed.

In case this law is violated, We order that ten pounds of gold shall be paid by your office to Our Treasury.

2. The Emperor Anastasius.

We order that, in all actions at law, no matter who the persons concerned may be, even if they are of senatorial dignity, recourse shall especially be had to the chiefs of the agents for the transaction of business, and that all other matters which are usually submitted to the Senate shall hereafter be in charge of the officers of the census, and

that the rights of the parties shall not be prejudiced by any rescript which has been surreptitiously obtained.

3. The Same Emperor.

We order that the chiefs of the agents for the transaction of business shall, among other privileges, be invested with the dignity of Proconsul.

4. The Emperors Theodosius and Valentinian to Valemtius, Master of the Offices.

The chiefs of the agents employed in the transaction of business shall be permitted to have domestics attached to their offices on whose fidelity and industry they think that they can rely, even if the latter have previously discharged the same duties.

If any agent employed in the transaction of business should not have been able to perform his duties, for the term of twenty-five years, on account of the infirm condition of his health, and, by the vote of the entire body to which he belongs, should attain to the dignity of chief, We order that he shall enjoy the same privileges to which those are entitled who have obtained that honor by continuous service for the full term required by law. In the congratulations of judges, however, We order that the latter shall take precedence, when they can allege that they have enjoyed official honors for a longer time than the former. Where any of the officers of the census or their attendants are guilty of violating the rights of those who have been appointed to chieftainship, they shall be condemned to pay a fine of twenty pounds of gold.

5. The Same Emperor to Cyrus, Prsstorian Prefect.

We order that those agents employed in the transaction of business who have regularly passed through the grade of decenarius to that of chief, or have been appointed deputies of the illustrious Master of the Offices, when they are included among those who are honored, shall obtain the title of vicegerent.

6. The Same Emperors to Nomius, Master of the Offices.

We decree that the chief of agents employed in the transaction of business, who frequently attain the above-mentioned rank, after having been exposed to great dangers, and sometimes to the risk of loss of life; when their time of service has expired, shall, for the remainder of their lives, be entitled to the honor of Count of the First Rank; remaining at the same time in the enjoyment of all of the privileges previously conferred upon them.

7. The Emperor Leo to Nicosterius.

Anyone who, being a member of the body of cohortals, has a son born to him during the time he is serving in the association of agents employed in the transaction of business, before he attains to the rank of chief, and although he himself, after his term of service has expired, just as any other freeman, will not be subject to any of the restrictions

imposed by members among the cohortals, he will, nevertheless, leave his son liable to them.

If, however, he should have a son born to him after he has obtained the dignity of chief, the said son, even if he was not enrolled in the body of agents employed in the transaction of business, will remain free and secure from any obligation attaching to the condition of cohortal, as he was born to a father who is free, and absolutely independent of the liabilities attaching to this condition.

8. The Emperor Anastasius.

With a view to the interests of the numerous persons who become members of the association of agents employed in the transaction of business, We order that whenever the illustrious chiefs of the said association have finished their term of service, their wives, children, slaves, or vassals who may be required to appear in court and defend themselves in person, or by their attorneys, shall not be compelled to pay the officers more than one solidus by way of sportulss; and not more than a third part of a solidus shall be given to the attendants of a vicegerent or a Governor, and that no extortions or annoyances shall be practiced with reference to the furnishing of sureties, but such sureties shall be provided as the defender of the district may consider to be suitable, so that, in accordance with the tenor of the general edicts, those who possess immovable property either in the Capital or in the provinces shall only be bound to furnish security by oath, and such as is based upon the property which they themselves possess. It should also be added that no summons shall be valid unless it is reduced to writing.

In like manner, with reference to what has been provided concerning other officials, whenever civil or criminal proceedings are instituted against them, the executive officer having charge of the civil or criminal case from beginning to end shall be content with the payment of a single solidus by way of fees; and two solidi shall be paid by them, or their wives, for recording Imperial letters, or for filing a simple claim against persons presumed to be liable; and whenever copies are demanded, those whose duty it is to give them shall not hesitate to do so, after having demanded and received a solidus.

We order that the executive officers shall not have authority to collect more than three solidi for furnishing documents to those who are entitled to them, and that not more than one solidus shall be paid to an arbiter, and half a solidus to the attorney of the Treasury, and half a solidus shall be paid to notaries for the preparation of any papers which they may be required to draw up from the beginning to the end of the case, as has already been stated. Where, however, suit is brought, not before an arbiter but before a superior judge, the said illustrious magistrate cannot collect more than four solidi for instituting the proceedings, and for the record of the papers only two solidi shall be paid. No one shall be annoyed by the exaction of any other sums for costs than those above mentioned; and this rule shall apply to all persons, whether the parties bring actions against others, or whether they are sued as defendants.

TITLE XXIII.

CONCERNING SPIES AND DETECTIVES.

1. The Emperor Constantine to Julian, Prsetorian Prefect.

Spies and detectives, or any persons whose duty it is to inform the judges of crimes which have been committed, are required to establish their accusations, and they will run great risk if it should be proved that they have falsely accused anyone who is innocent, for the disgraceful practice by which they are permitted to arbitrarily imprison persons must be abolished.

2. The Same Emperor to Taurus, Pr,astorian Prefect.

We think that agents employed in the transaction of business should be mindful of Our orders in the care and inspection of the public post, and that this will be in every respect to the advantage of the State; therefore, We order that this duty shall entirely devolve upon officials of this kind and upon no others. The said officials must use extraordinary diligence to prevent any interference with the transport of the mails, and prevent more from being demanded than is customary.

He who attempts to do anything of this kind shall be deprived of the profit of his dishonorable conduct, and notice should be given of his act either .to the judges, or the detectives, even though he may assert that We have directed great speed to be used because of the urgency of the matter; and no persistency nor the rank of the individual concerned will have any effect. Therefore, We forbid any money to be demanded for an animal not set apart for the transport of the mails. Whoever perpetrates an offence of this kind shall be compelled to pay fourfold the amount that he received.

3. The Emperor Constantine to the Agents Employed in the Transaction of Business.

All condemnations by prefects of those among you who have been charged with the inspection of the post, and have honestly discharged their duty, are hereby annulled, but the sentences of any who have acted dishonestly, or have tarnished the honor of the service, shall not only be confirmed, and a more severe penalty shall be inflicted, in additien.

4. The Emperors Arcadius and Honorius to Marcellus, Master of the Offices.

We decree that agents employed in the transaction of business shall be sent, in turn, to each province, where they should be charged not only with the inspection of the post, but also with the transportation of public property. They shall have nothing in common either with the judges, or the inhabitants of the provinces, nor shall unlawful contributions be collected by them from ships, nor shall they gratuitously receive petitions, take testimony, or decide legal controversies, which they are not authorized to do, nor shall they commit anyone to prison, but they must attend to postal matters exclusively.

TITLE XXIV.

CONCERNING OFFICERS OF THE PALACE ATTACHED TO THE BUREAUS OF THE IMPERIAL LARGESSES AND PRIVATE

AFFAIRS.


1. The Emperors Valentinian and Valens.

Palatines are only liable to the payment of the poll-tax, and impositions on land, and are released from all extraordinary and ignoble contributions, tributes, and burdens of every description.

Given at Constantinople, on the Nones of May, during the Consulate of Constantius, Consul for the fourth time, and Constans, 342.

2. The Emperors Valens, Gratian, and Valentinian to Count Tatian.

No fiscal officer, or subordinate of the Count of the Treasury, who has once been convicted of breach of trust can, under any circumstances, be reinstated, or obtain any other dignity by intrigue or other means, or perform the functions of any public employment whatsoever.

3. The Emperors Gratian, Valentinian, and Theodosius to Pan-cratius.

The former rule having been restored, a Palatine, in preference to all others, shall be despatched to Cappadocia to act as Count of the Houses, and if he should be guilty of dishonesty, you will be responsible, therefore you should, every year, select a Palatine suitable for this place and send him there.

4. The Same Emperors to Hesperius, Prsetorian Prefect.

There shall be nothing in common, nor any connection between the different judges and the officers of the palace who are despatched by the counts upon a mission; but (with the exception of the respect which is due, and should be shown not only by inferior officials, but also by those of exalted rank, as well as by residents of the provinces, to the Governors of the same), the Palatines shall not go beyond what is required of them.

5. The Same Emperors to Nebridius, Praetorian Prefect.

Certain members of the Order of Palatines, after their terms of service have expired, have tried to obtain admission among those employed in the Bureaus of Transportation. Hence We order, by this law, that hereafter, no one who attempts to do this shall be heard, but each shall remain attached to the bureau in which he chose to serve, and he shall not be transferred to another place, even if he has already attained to the highest rank in his own order.

6. The Same Emperors to Probus, Prsetorian Prefect.

Your Excellency is hereby informed that you can exercise no authority over the subordinates of the Palatines, and that hereafter you

will not be permitted to make any addition to them whatever. We also forbid the Governors of the provinces to attempt anything of this kind.

7. The Same Emperors to Trifolius, Count of the Imperial Largesses.

We decree, by the present law, that all persons employed in the Bureau of the Imperial Largesses shall be of the number hereinafter specified, so that they may remain satisfied, and be aware that no addition can, under any circumstances, be made to their number, even though someone may desire to obtain admission through the benefit of a special privilege obtained from the Emperor. We also desire to determine the amounts of the contributions of grain to be made, dependent upon the rank of the person, and to provide that they shall not, hereafter, be increased.

(1) The following is the list of the employees of each of the Bureaus of the Imperial Largesses.1

8. The Same Emperors to Trifolius, Count of the Imperial Largesses.

The suggestion which you have made concerning all Palatines who should be sent upon missions is hereby confirmed, and it is decided that every year three ducenarii, and as many centenarii as you may deem advisable, shall be despatched as aforesaid.

9. The Emperors Valentinian, Theodosius, and Arcadius.

Let no one think that he can assume any official duties, either in the Bureau of the Imperial Largesses, or in that of Private Affairs, unless he has been especially authorized to do so by the Emperor.

10. The Emperors Theodosius, Arcadius, and Honorius.

We order that those Palatines who, after having been employed in the Department of Accounts in the Bureau of Imperial Largesses, and have finished their terms of service, shall, as assistants and primiceri, of different offices, enjoy the same privileges which We have recently bestowed upon agents employed in the transaction of business; that is to say, they shall be exempt from the payment of the contributions required of those entering the said Orders, and shall not be liable to other burdens.

11. The Emperors Arcadius and Honorius.

We establish the same regulation for the Bureau of the Imperial Largesses, as well as for that of Private Affairs, which We have promulgated with reference to the proximi of the Imperial Secretaries' office, and decree that the chief shall remain for two years in the discharge of his duty, and that the privileges which have already been conferred by the laws upon those offices, or upon the primiceria, by the Imperial Constitutions, shall remain unchanged and unimpaired.

1 This has been omitted because the translation could serve no useful purpose, and many of the words employed are not to be found in any dictionary.—ED.

12. The Emperor Theodosius.

It will not be necessary for the Palatines residing in this Imperial City to appear in court before the illustrious Urban Prefect, unless the case involves the erection of houses, servitudes, or the contribution of grain; and in all other legal proceedings, pecuniary as well as criminal, they shall only be obliged to answer before the illustrious counts. We permit the Governors of provinces to only have jurisdiction over the civil and criminal cases of such Palatines as are subject to their administration in civil as well as criminal cases, where the said Palatines are not engaged in public matters, provided that, if a criminal sentence must be pronounced against them, this shall not be done unless the illustrious count, in whose service the defendant is engaged, has first been notified and given his consent at the instance of the Governor of the province.

13. The Same Emperor and the Csesar Vcdentinicm to Eudoxius, Count of the Imperial Largesses.

Among the other prerogatives which have previously been conferred upon the body of employees attached to the Bureau of Imperial Largesses is the one that its Primicerius and the three other Primicerii of the secretaries' office shall receive the military dignity of Prastorian Tribune; and no contribution, either public or private, shall be imposed upon them by the authority of any judge whatsoever.

14. The Same Emperors to Florentius, Prsetorian Prefect.

We order that the Palatines attached to the Bureau of Our Private Affairs shall enjoy the same privileges conferred upon those who belong to the Bureau of the Imperial Largesses. For, as the nature of the service is the same, it seems to be only just and proper that both offices should enjoy similar privileges. Therefore, We decree that the Primicerii, as well as the three first officers of the Bureau of Private Affairs, after their terms of service have expired, shall be permitted to adore the Emperor with the praetorian military tribunes, and that they shall retain all other privileges bestowed upon them by the Imperial Constitutions, so that they will not be subject to any tax or contribution of a private or public character, imposed by any judge whomsoever; but shall enjoy the dignity to which they have attained, exempt from all requirements and all molestation.

TITLE XXV. CONCERNING STRATORS.

1. The Emperors Arcadius and Honorius to Zosimus, Governor of New Epirus.

We have published a general edict throughout all the provinces providing that only one solidus can be demanded by strators as a fee for their services; and We have prescribed a certain form to be observed in the offering of horses for the public service, in order that the

people of Our provinces may know what rule must be observed. We have also made persons liable to the Treasury for a certain number of solidi, by way of fine, if they should venture to give to strators what they are forbidden to demand. The office of Your Excellency shall be fined a hundred pounds of gold, if, being aware that the above offence has been committed, you do not immediately punish it with all the severity authorized by law.1

TITLE


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