The most holy emperor justinian. Second edition

3. The Emperors Honorius and Valentinian.

If any soldier, without having obtained leave of absence, should pass a year at home, or anywhere else in idleness, he shall be reduced ten grades; if he should be convicted of having been absent for two years, he shall be reduced twenty; if he should be absent for three years, he shall be reduced thirty; and one who, having been absent for four years, has been stricken from the rolls of the army, shall not be pardoned.

TITLE XLIV. CONCERNING NEW RECRUITS.

1. The Emperors Valentinian and Theodosius. No raw recruit, veteran, or any employee of the Census shall be admitted into the army.

2. The Emperors Gratian, Valentinian, and Theodosius.

Any slave who enlists as a recruit, after having been convicted, shall be compelled to pay a pound of gold to Our Treasury, and shall then be restored to his master, if the latter was not aware of what he had done.

3. The Emperor Anastasius.

New recruits should always be placed in the rear ranks of the army, and We do not permit any of them to obtain a higher place, unless their assiduity in the discharge of their duties and the requirements of the service render this advisable.

TITLE XLV.

CONCERNING THE PROTECTION OF THE SHORES OP THE SEA, AND HIGHWAYS.

1. The Emperors Gratian, Valentinian, and Theodosius.

We decree, by this most salutary law, that prohibited merchandise shall not be transported to barbarous nations; and that any vessels which depart from any port or shore shall not be molested, or sustain

any damage; provided, however, that their masters state for what province they are bound; so that this having been proved, they cannot afterwards be subjected to any indignity or annoyance.

TITLE XLVI. CONCERNING DESERTERS AND THOSE WHO HARBOR THEM.

1. The Emperor Theodosius.

If any person should receive a deserter on his land or under his roof, and permit him to remain concealed for a considerable time on his premises, the steward or agent of the place, who knowingly and intentionally committed such an offence, shall be subjected to capital punishment, and the owner of the property where the deserter remained concealed shall be punished with the loss of the same, if he was aware of the facts. Again, when any freeborn person betrays a deserter, he shall obtain the ownership of the property by way of reward. We do not merely speak of those who, serving under fortunate standards, respect the rules of discipline, but also of those who, while receiving their pay, are shown to have revealed the hiding place of deserters. He shall be considered a deserter who absents himself from his standards in time of war.

A soldier who voluntarily returns shall not be liable to punishment for his offence, but anyone who conceals himself through criminal idleness should be denounced by him in whose house he has taken refuge, or by the public officials; and, wherever he may be found, shall be given up to the vengeance of the authorities to suffer death by the sword. When the Governor of a province, either through favor or dissimulation, defers inflicting the penalty, he shall be subjected to the loss of his property and reputation, and officials of superior rank who are guilty of this offence shall be put to death.

2. The Emperor Leo.

If deserters, after having been found, attempt to resist and defend themselves by arms, they shall be punished as rebels on account of their rashness; and Governors of provinces must use great caution lest such persons may attempt to protect themselves from the crime of desertion by the use of forged documents, and prevent them from escaping by the aid of false or counterfeit letters.

3. The Same Emperor.

Those soldiers who, after having left their camps, commit depredations or robbery, shall not escape the severity of the magistrate.

TITLE XLVII. CONCERNING VETERANS. 1. The Emperor Constantine.

When the Emperor was saluted by the prefects, tribunes, and distinguished officers, he was acclaimed as follows: "Emperor Constan-

tine, God preserve you for us, for your safety is ours; we speak the truth, and we confirm it by our oaths." The assembled veterans cried out: "Emperor Constantine, what will become of us, if we have no privileges?" The Emperor replied: "I should increase the happiness of My veterans more and more, rather than diminish it." The veteran Victorinus said: "We are not allowed to be ordered to all places for the discharge of duty and the performance of military service."

The Emperor Constantine responded: "State more clearly what are the principal disabilities under which you labor." All the veterans answered: "You yourself are aware of them." The Emperor Constantine replied: "From this moment, through My liberality, I perceive that it is necessary for the privilege to be granted you that no veteran shall be obliged to perform any civil duty, or public service, pay any tax imposed by magistrates, contribute anything to the markets, or be subject to any imposition on account of sales. The framers of the revenue, also, shall not interfere with veterans who, after their long service, shall forever enjoy tranquillity.

"By the same letter, We also forbid the Treasury to molest veterans in any way, but they shall be permitted to buy and sell, earn money by engaging in any profitable business, trade in merchandise, and shall not only enjoy these privileges in quiet and peace during Our reign, but We do not permit them to be liable to municipal duties, that is, to any corporeal or personal service, or to any charge for transportation."

2. The Same Emperor.

Provision should be made that veterans who have been raised to the dignity of protectors, or who have attained various honors on account of their merit, shall not be subjected to scurrilous abuse of any kind. If anyone should be convicted of this offence, the Governors of the provinces having jurisdiction, after having ascertained the facts, must punish the guilty party in accordance with his rank.

3. The Same Emperor.

Veterans who, through negligence, do not cultivate their lands, or lead honest lives, but commit robberies, shall be deprived of all of the privileges of their order, and shall suffer the penalties imposed by the Governors of the provinces.

4. The Emperors Theodosius.

No one who has ceased to belong to the army can be obliged again to enter the service, either with his consent or without it. The decisions of magistrates which have been rendered in violation of this provision shall have no validity, except when it is found that the investigation began at a time when the accused party was still in the army, for then We order that the case shall be heard and decided by the military judges, as the accused person was still in the service, unless the parties can defend themselves under a privilege specially granted by the Emperor.

TITLE XLVIII.

CONCERNING THE SONS OF MILITARY OFFICERS WHO DIE DURING WAR.

1. The Emperor Constantine.

The sons of military officers, whether their fathers are still in the service or have been discharged, are called to the same division to which their fathers belonged.

2. The Emperors Arcadius and Honorius.

The sons of centurions of first companies of the triarii must follow the condition of their fathers.

3. This Law is not Authentic.

TITLE XLIX. CONCERNING THE OFFERING OF GOOD WISHES.

1. The Emperors Arcadius and Honorius.

When the Happy New Year is begun by a common exchange of good wishes, We freely receive what is offered to the officers in pounds of gold and solidi of full weight; ordering that, hereafter, in subsequent years, everyone shall bring and bestow gifts of this description upon his commander.

TITLE L.

CONCERNING ACCOUNTANTS, RECORDERS, CLERKS, ASSISTANTS, SECRETARIES AND COLLECTORS OF THE CAPITAL, AND OTHER JUDICIAL OFFICERS, MILITARY AS WELL AS

CIVIL.

1. The Emperors Valentinian and Valens.

The insatiable and fraudulent conduct of accountants, who perform different services for the Governors, must be restrained, as we formerly ordered, and now again order, by subjecting them to torture, placing them upon the rack, and lacerating their flesh.

2. The Emperors Gratian and Theodosius.

Those who were formerly called the accountants of Consuls and Governors shall, hereafter, by this Our law, be designated registrars, and are notified that they will be liable to torture if they do not frequently render reports of their administration in writing either to the judges, or to those who, under Our authority, visit the provinces, or to the collectors of debts and other claims.

They are also notified that they will be liable to payment along with debtors, unless all obligations are discharged upon their demand; still, I order that the term of two years shall be granted registrars to comply with this law.

3. The Same Emperors.

We direct the accountants attached to your office to wear the belt, and have the rank of soldiers.

4. The Emperors Valentinian, Theodosius, and Arcadius.

In every province two accountants, styled registrars, shall be appointed, one of whom shall have charge of the accounts of the Treasury, and the other control of that of the Largesses; and both of them are hereby warned that if anything should be unlawfully removed, or misappropriated during the administration of either, he who has concealed his guilt from the judge shall be subjected to the severest punishment.

5. The Same Emperors.

We forbid officials belonging to the retinues of provincial judges, who are not attached to the cohortal service, and receive no pay from the Treasury, to have any apprehensions of being molested in the discharge of their duties, even when they are decurions; provided they perform the municipal functions of their respective cities; and, after having retired from office, they should not forget to return to their own curise.

6. The Emperors Arcadius and Honorius.

In order that the recorders of military organizations may not be assisted by their colleagues to the detriment of all concerned, Your Illustrious Highness will order all soldiers of the division to avoid associating or entertaining any relations with them. If, after having been warned, they fail to obey orders, there is no doubt that they can be subjected to the same penalties as the recorders themselves.

7. The Emperor Leo.

Your Highness will see that the Recorders of the City of Constantinople, as well as of Thymela, and of the different curias of other cities, are not appointed except with the approval of the Emperor, as has been customary. If anyone within your jurisdiction should be convicted of having done what is forbidden by this law, he shall be suitably punished.

8. The Same Emperor.

We order that the secretaries and accountants attached to the office of Your Highness shall, hereafter, under no circumstances, borrow money, or be compelled to render themselves liable to anyone for public expenses, as We do not wish them to be subjected to any annoyance after having retired from military service.

9. The Emperors Leo Junior and Zeno.

We order that, hereafter, no one without regard to his military rank shall perform the duties of bookkeeper, or, after having retired from that employment, shall aspire to service in the army; for, where

anyone transacting business for individuals is deprived of all military privileges, it will be of no use for him to attempt to carry on any trade or commit any fraud with reference to the accounts for the correctness of which he is responsible.

10. The Emperor Zeno.

No secretary shall be permitted to accept the services of accountants more than four times, nor to continue them in this employment. We decree that this rule shall be observed with reference to notaries, when for a time they aid accountants, so that the continuance of their service, as assistants, shall be interrupted by an interval of two years, and for notaries by an interval of one. Permission is not given to assistants to descend to the rank of notaries, except when they have once been dismissed, so that, in the countries of the East, the services of temporary assistants shall be granted to accountants, provided they are selected out of thirty whose names have been suggested by the accountant himself. In the provinces of Asia, also, they shall be appointed by the accountant from fifty whose names have been mentioned by the latter; and in the provinces of Pontus and Thrace, the power of selecting assistants from all the people shall be indiscriminately granted to accountants at their pleasure.

(1) It is necessary for all notices, orders, claims and, generally speaking, any public documents whatever, not only to be examined and signed by the assistants, but also that mention shall be made of the others with whom the contract was entered into, as well as of the notary who examined and signed the document.

(2) If any instrument should be issued from any bureau in the East, in Asia or in Thrace, without the observance of this provision, the officer responsible shall be prosecuted for forgery, with the exception of such public documents as may proceed from the offices of the Secretary of the Provinces of Pontus, for the reason that Your Highness has established the rule that the assistant and notary shall alone sign such papers; so that, if this law should be violated in any respect, the accountants shall be punished by the loss of rank and pay for the term of a year; but the assistants shall be fined fifty pounds of gold, and the notaries fifteen pounds of gold by way of penalty.

11. The Same Emperors.

In pursuance of petitions presented to the office of Your Highness, praying that the time within which the documents of accountants shall be valid, be fixed, not for the term of two years, but for that of one year, We, approving these petitions, revoke the provision promulgated with reference to the term of two years, and substitute therefor the term of only one year.

12. The Emperor Anastasius.

We order, by this Imperial pragmatic sanction, that what formerly was prescribed with reference to praetorian tribunes, which dignity was conferred upon those who had retired from military service in

the office of Your Highness, shall be re-established, and that this honor shall be conferred upon them, in addition to any which they at present enjoy, so that the decree releasing them from military duty shall also contain the mention of the honor aforesaid.

This shall also suffice to enable them to obtain that dignity and the privileges attached to the same, without any special order issued with the sanction of the Emperor; provided, however, that by a decision of the said authority, they obtain the distinction of Count of the First Rank, that is to say Cornicularius, Notary, First Secretary, Chief-Accountant of the Bureaus of Macedonia and Decia, Inspector of Public Works, and State Treasurer.

This rule shall also apply to those who, after the promulgation of the New Constitution of the Emperor Zeno of Divine Memory, have relinquished their military rank; which constitution refers to the same penalties and the same persons.

TITLE LI.

CONCERNING THE PUBLIC POST, POST-HORSES, AND VEHICLES.

1. The Emper.or Constantine.

We decree that the horses set apart for the service of the public post shall be urged on, not with clubs or sticks, but only with whips; and those who violate this law shall be punished.

2. The Same Emperor.

Permission is refused to Governors, Receivers of the Public Treasury, and other persons in the service of the State who distribute grain and provender for cattle, to make use of post-horses. Nor shall anyone have the right to travel on any other road than the public highway, with the exception of Your Highness, who is entitled to use the public vehicles and to travel wherever reason or necessity demands.

3. The Emperors Arcadius and Honorius.

Permits for travel can be demanded by everyone, and judges, as well as guards of the public posts, shall permit no one to pass without first having examined his permit. When anyone refuses to produce it, or is convicted of travelling without one, or attempts to use the public posts beyond the time specified by his permit, We order that he shall be arrested wherever found, and if he is in the enjoyment of any dignity, his case shall be referred to you, and to the illustrious Count and Master of the Offices. Moreover, a penalty which you think to be proper must be inflicted upon others, dependent upon the place where they have been arrested, and their rank in the army.

4. The Emperors Honorius and Theodosius.

He shall be presumed to have a mounted comrade, who, while only one or two horses are mentioned in his permit, takes a third. This,

however, does not make any difference, and it should not be considered a crime for anyone in the transaction of his business to take a journey, or to commit his affairs to a courier, provided he does not violate the terms of his permit.

5. The Emperor Theodosius.

When anyone, no matter what his dignity or military rank may be, while travelling in a public vehicle, turns aside from the direct route, a suitable penalty shall be inflicted upon him.

6. The Same Emperors.

We have granted members of the Senate the right to make use of public conveyances when they travel, where it is necessary for them to come to Us; provided, however, that they do this either when they are summoned by Us, or when they depart from Our court. Therefore, if anyone should hereafter rashly presume to make use of a public conveyance contrary to what has been provided, he will incur Our displeasure.

7. The Same Emperor.

The fourth part of the post-horses shall be replaced in every province, but it is unreasonable for the stables to be built at public expense. Hence We have decided that this shall be done at the charge of the provinces in which the stables are situated, as they are very advantageous not only to the public but also to the people of the provinces, to whom we give the manure of the animals by way of compensation.

8. The Emperor Valentinian.

In order that moderation may be observed in travelling, two post-horses shall be dispatched each way every day, and the penalty of five pounds of gold shall be imposed upon those who fail to observe this regulation.

9. The Emperor Leo.

We deny to judges the power to grant permission to travel in public conveyances, as this privilege is solely reserved for Us, yourself, and the illustrious Master of the Offices; for it is not granted either to the Prefect of the City, to the generals or commanders of armies, to vicegerents, or to anyone else, except the two officials above mentioned, to whom this privilege has been conceded by Us. Judges have the right to allow this privilege only to persons whom they know to be engaged in the exercise of public functions, and they are notified that if they violate Our law that they will be fined twenty-five pounds of gold, and their subordinates will be fined fifty.

10. The Same Emperor.

Under the severe penalties above imposed, We forbid persons engaged in buying and selling to make contracts for transportation, and to treat animals belonging to the public as merchandise.

11. The Same Emperor.

No private individual shall make use of the privilege of having horses furnished, even though he may have the right to ask it.

12. The Emperors Valentinian, Theodosius, and Arcadius.

As, for the same reason, the care of post-horses should become the subject of discussion, We decree that the saddle, with the bridle, shall be valued at six pounds of gold, and that a horse shall not be valued at more than the same sum, with the understanding that, if anyone should exceed the amount established by the Emperor, the saddle shall be confiscated to the Treasury, with the exception of the gold ornaments which are required to be kept by the groom in bags provided for that purpose.

13. The Same Emperors.

We do not permit grooms to be annoyed by the shameful depredations of those who use post-horses; and, therefore, if anyone should remove or cut off any of the harness of the horses, the wretch shall be punished by the judges and inspectors of highways. All persons are hereby notified that if Our order is not obeyed, the guilty party will be compelled not only to make good all losses sustained, but will also be branded with infamy, and fined.

14. The Same Emperors.

The charge of the public post shall, in accordance with the custom of the neighborhood, be committed either to the decurions, the cohor-tals, or to those who are willing to receive it from the Eminent Prefecture, on their own responsibility.

15. The Emperor Zeno.

If anyone should think that he can bring an extra horse with him for a journey, he shall pay the Treasury four times the value of the animals brought in excess of the prescribed number.

16. The Same Emperor.

Those only shall be permitted to use public vehicles who, being sent as envoys by different nations, desire to arrive speedily in Our presence.

17. The Same Emperor.

Let no one dare to remove a driver attached to the postal service from his duties, either by solicitation or by receiving him, under the penalty of ten pounds of silver.

18. The Same Emperor.

When forage is valued at a high and exhorbitant price, animals belonging to the public are openly ill treated by slaves and attendants, and, to avoid this taking place, Your Highness must see that forage is not lacking at the different stations, and that the inhabitants of the

provinces are not subjected to annoyance beyond what is reasonable and just.

19. The Same Emperor.

We have ascertained that the inhabitants of the provinces are compelled to furnish, at a reasonable rate, not only forage for horses, but also the money required for the postal service, and that, in addition to this, they are oppressed by being required .to provide harness for the same. Therefore, the Governors of provinces must take care that no dispute shall arise with reference to the public post, and that decurions or provincials are not, through fraudulent representations, forced to furnish animals which they are not obliged to.

20. The Same Emperor.

No military commander, after having once entered his province, can, afterwards, for the purpose of travel, make use of the vehicles or horses belonging to the postal service, nor can anyone attached to his office do so, but he must use his own animals even for military expeditions. We order that the same rule shall apply to the officers of cohorts, so that none of them travelling through his own province may hereafter attempt to avail himself of a post-horse, as he will know that this is prohibited by an Imperial Constitution.

When any military commander, or any of his retinue, or any officer of a cohort, thinks that he can violate what We have decreed, he shall be fined a pound of gold for every animal which he has made use of.

21. The Emperor Anastasius.

No one, no matter to what order he may belong, or what rank he may hold, or what duties he may discharge in the Holy Church, or the Imperial palace can, during an expedition, employ any animal or vehicle belonging to the postal service.

22. The Emperor Justinian.

We decree that the ambulatory post shall be abolished and suppressed throughout the entire East, as well as in the cities of other regions, under the jurisdiction of Your Highness; provided, however, that where We have made any arrangement for the passage of Our brave soldiers, and ordered their transfer from one place to another, a requisition shall be made on the Treasury of Your Highness for the transport and repair of arms, and payment be made to owners, who are accustomed to hire out their animals; and We decree that, under the above-mentioned circumstances, no judge but yourself, no matter what his rank may be, shall have power to grant the use of such animals.