The most holy emperor justinian. Second edition

XXVI. CONCERNING CASTRENSIARII AND MINISTERIANII.

1. The Emperor Constantine.

The successors of those employees in the office of Your Excellency whose terms have expired shall be appointed in accordance with their merits, and their time of previous service, in compliance with the formalities prescribed by the Imperial Rescripts, that is to say, after the lapse of two years; and permission shall not be given those who have completed their terms of service to be reappointed, or again to perform the same official duties.

2. The Same Emperor to Scholasticus, Castrense of the Imperial Palace.

If anyone of the Castrensiarii should be raised to the first, second, or third class in the body to which he belongs, he shall be entered upon the registers as the last supernumerary of the third class.

3. The Emperors Valentinian and Theodosius.

Those who are attached to the service of the Imperial Wardrobe, as well as their mothers and wives, cannot have civil or criminal proceedings instituted against them, unless this is done before Your Highness.

4. The Emperor Augustus.

The officials above mentioned, who are in Our Imperial service (whose functions are-enumerated in detail in the note hereto annexed) can, under no circumstances, be subjected to the jurisdiction of any inferior or superior judge, but can only be brought into court by Your Highness; so that they cannot, at any time, be sued in the tribunal of any other magistrate, and be compelled to answer, except in that pre-

¹ There were several kinds of stratores known to the Romans. Those above referred to were officials assigned to collect horses for the use of the government, or the private stud of the Emperor.

Others performed the functions of grooms or equerries, had supervision over the imperial stables, and assisted the Emperor to mount. Officials of high rank, also, were entitled to attendants of this description.

Others, again, acted as pioneers, moving in advance of the main body of troops, and some were charged with the inspection of prisons. Owing to their duties, which were more or less of a military character, stratores of all classes were considered to belong to the army.—ED.

sided over by Your Highness. But, in order that, in this court, they may not be subjected to enormous expense, or too readily and without good cause be called to account by any judge whomsoever, We have deemed it advisable to fix the amount of fees, and prescribe the number of sureties, providing, above all things, that such persons cannot be sued without a signed or written order issued under the direction of Your Highness.

Moreover, after having been sued, they shall not be compelled to furnish any other surety than the agent having charge of their affairs, or one of their principal subordinates, who will be responsible for the person of the defendant without the execution of any bond; and they shall answer in court either in their own proper persons, or by a regularly appointed attorney, whether a civil action is brought against them, or they are criminally accused. Nor shall they be obliged to pay the bailiffs, by way of fees, more than one aureus, during the whole of the litigation. They shall not be required to give more than three solidi to those who appear for them in the case, and conduct it, whether it is terminated in the lower court, or an appeal is taken and prosecuted, or whether any other legal proceedings take place from the beginning to the end of the action; and We order that those who receive these sums shall always remain satisfied with the same. In ordinary judicial inquiries, only two solidi shall be paid for the service of notices.

(1) Again, these privileges shall not only apply to the parties themselves, but also to their mothers and their wives, and shall remain inviolate.

We also decree, by this law, that where necessity demands, the latter shall only be obliged to furnish their sons and their husbands as sureties; and that the above-mentioned persons, during their term of service, as well as afterwards, shall enjoy all the privileges and benefits granted by the Constitution of the Emperor Martian, of Divine memory; all of which shall remain in force, with the exception of the provision by which they were, at that time, placed under a different jurisdiction.

(2) They shall be compelled to pay to the Advocate of the Treasury, or the clerks who discharge their duties before arbiters, only the third part of a solidus, from the beginning to the end of the litigation. When the case is tried before arbiters, they shall be obliged to pay half a solidus, and where the party resides in the provinces, and after having been sued is unable to furnish sureties, he can only be compelled to be sworn, and no proceedings can be instituted against him, at any time, unless in pursuance of an order of Your Highness; except where they have reference to tribute, the performance of civil functions, and the prosecution of crimes, which the general provisions of the laws require to be examined and tried in the places where they have been committed.

We decree, by the present law, that the illustrious Assistant of Your Highness shall be charged with the duty of seeing that none of the regulations which We have established are violated in any way.

TITLE XXVII. CONCERNING DEANS.

1. The Emperors Theodosius, Valentinian, and Arcadiiis.

Four of the body of deans, who have attained to the highest rank of their service, shall discharge the duties of Primicerius for the term of two years, and cannot remain any longer in this office; and those next in order shall, after the expiration of two years, as aforesaid, succeed them, without either favor or intrigue being allowed to have any effect.

2. The Emperors Theodosius and Valentinian to Nonius, Master of the Offices.

Mindful of the consideration to which the members of Our household are entitled, We decree that deans shall not be brought into other courts in compliance with the wishes of their adversaries, but shall only be subject to the jurisdiction of the Masters of the Offices, for in this way the respect due to Us will not be violated, and those who bring suit against them will be answered in accordance with law. We order that, as in the case of agents employed in the transaction of business, no one shall be permitted to bring the above-mentioned persons before another tribunal, and that the defendants shall be permitted to choose their sureties from the chiefs of their organization.

TITLE XXVIII. CONCERNING SURVEYORS.

1. The Emperor Zeno.

The Primicerius of the surveyors shall, after two years of service, be admitted into the body of agents for the transaction of business.

TITLE XXIX.

CONCERNING THE PRIVILEGES OP THOSE WHO ARE EMPLOYED IN THE IMPERIAL PALACE.

1. The Emperor Constantine.

We order that the Palatines, as well as those whose duty it is to render Us their personal attendance, and the employees of the Imperial Secretaries, that is to say, those who are attached to the Bureaus of Records, Letters, and Petitions, shall be exempt from any appointments to offices involving ignoble services; and We decree that their sons, grandsons, and other descendants shall enjoy the same privileges, and, together with all their personal property and urban slaves, shall be exempt from all base public charges; and no injury shall be inflicted upon them by anyone whomsoever.

Anyone who violates this law, no matter what his rank may be, shall pay the prescribed penalty.

2. The Same Emperor to Rufinus, Prsetorian Prefect.

We desire Our chamberlains, who have retired from office, as well as the Palatines employed in different branches of the service, and the subordinates of the Bureaus of Records, Letters, and Petitions, and also all Palatines stationed either in the palaces of the different cities of Our Empire, or in the camps, to enjoy the same privilege; so that neither they, nor their sons or grandsons, shall be compelled to accept public office or discharge municipal duties. We release them all from performing the functions of any base or corporeal public employment, for they are worthy of Our favor to such an extent that they shall be entitled to their castrense peculium, whether they are still attached to the palace, or have been permitted to go into retirement.

We also concede all these privileges to agents employed in the transaction of business, even though they may be considered to belong to the military profession.

3. The Emperors Gratian, Valentinian, and Theodosius.

Men who have been employed in Our palace shall be exempt from all contributions; and, although they may be persons of property, shall not be subjected to the arrogance and rapacity of government officials.

4. The Same Emperors.

We desire all those who have held different positions in the palace to obtain only the insignia of the one which they occupied at the time of their discharge. All must be promoted in regular order, and shall receive the Palatine honors, in accordance with seniority of service.

Anyone who is rash enough to violate this law shall suffer the penalty for sacrilege.

TITLE XXX.

CONCERNING THE PRIVILEGES OF THE FAVORED DIVISIONS OP THE ARMY.

1. The Emperors Theodosius, Arcadius, and Honorius.

We deny distinguished military counts the right to scourge and degrade senators and ducenarii, for when any acts are committed which deserve punishment of this kind, We wish them to be brought to the attention of Your Highness.

Moreover, We decree that their domestics cannot be created senators, ducenarii, or centenarii, and anyone who violates this Imperial Constitution shall be fined five pounds of gold. If anything of this kind should be attempted in the Bureau of Barbarians, or, if attempted, should not be denounced, a fine of ten pounds of gold shall be imposed.

It has been established, not without reason, that anyone who, on account of his rank, We have decreed shall be excluded from the office of domestic either permanently, or for the term of five years; cannot, through the favor of the count, and, under another name, administer the said office which he is forbidden by law to hold.

2. The Emperors Honorius and Theodosius.

We decree, by this law, that those who have served in different organizations, and, when their terms have expired, have attained to the rank of Primicerii, and whom after their adoration, the Emperor has raised to the illustrious dignity of count, shall enjoy all the rights and privileges attached to the above-mentioned rank; and, subsequently, until the end of their lives, shall only be subject to the jurisdiction of Your Highness, and shall not be compelled to take part in any civil litigation by the order of any other magistrate whomsoever. We desire, however, that in criminal controversies and public tributes, they shall be subject to the jurisdiction of the Governors of provinces, lest the public welfare may suffer, or crime increase, under the pretext of privileges which have been granted them.

3. The Emperor Anastasius.

We order that whenever members of favored divisions of the army and their wives (if their husbands are still living, or even when they have become widows through their death), as well as their mothers who are widows, and their children, if they have not been specially placed under the jurisdiction of some other judge, together with their slaves, have been made parties to either a civil or a criminal proceeding, and judgment has been rendered against them in the tribunal of Your Highness, they shall not be annoyed by being required to furnish a strange surety, but, in accordance with ancient custom, can provide the surety from their own organization.

The following rule must also be observed, namely: in criminal cases, five other persons selected among the thirty principal members, counting from the Primicerius, to the thirtieth in rank, shall be appointed sureties, together with the accountant (provided the latter is willing and does not refuse), or if the five principal members should refuse (as above stated) a single surety along with the accountant, to be selected from strangers, shall be given in criminal cases alone.

Officials shall not be paid more than one solidus by the parties, as a fee, whether they answer in person, or by an attorney.

(1) We decree that where the case is submitted to an arbiter, only one solidus shall be paid as a fee for joining issue, and another, and no more, for the rendering of the final award by the arbiter.

(2) If the case should be brought before your tribunal, either in the first place, or on appeal, the parties shall only be obliged to pay three solidi for filing the papers and reading the same, and two others for the trial of the case and the rendition of the judgment.

(3) Whenever a case in which the members of the aforesaid organization, their wives, or children are interested, has been sent from the tribunal of Your Highness to that of the Governor of the province, We decree that not more than half the ordinary costs shall be collected.

It should also be added that, where any of these persons, having obtained leave of absence, have gone to the provinces, no actions except criminal prosecutions and cases involving the payment of tribute shall be brought against them for five months, within which term they must

return. When, however, after the expiration of the fifth month of their leave of absence, proceedings are instituted against them before the tribunal of Your Highness, they will experience no inconvenience in furnishing sureties, for We order that recourse be had to juratory security.

(4) Moreover, We decree that when legal proceedings have been begun against members of the said organization, or their mothers, wives, children, or slaves (as has already been stated), verbally and without having been committed to writing, they shall not, in accordance with the distinction above set forth, be compelled to pay anything by way of sportulse, nor shall their mothers, wives, children, or slaves be obliged to do so. If, however, the matter is of such a character that, with the consent of the parties, cognizance can be taken of it even without its being reduced to writing, the case shall be tried without the proceedings being written; and if the above-mentioned persons should lose their case, they will only be required to pay one solidus, by way of fees, to the executive officer having charge of the same. Where, however, the nature of the case demands that the proceedings be committed to writing, in this instance, it will be necessary for the proper legal documents to be drawn up, and the rules above stated, which prescribe the amount of fees to be paid when suits are decided and disposed of, shall be observed.

TITLE XXXI.

CONCERNING THE CASTRENSE PECULIUM OP ALL PALATINES.

1. The Emperor Constantine.

We order that all the Palatines, upon whom Our Edicts have heretofore bestowed certain privileges, shall hold as castrense peculium any property which they may have obtained through their own frugality, or by Our donations, while they resided in the Imperial palace. For what is there that should rather be considered castrense peculium than property acquired with Our knowledge, and almost under Our eyes? Nor are persons strangers to the dust and toil of camps, who, belonging to Our retinue, are always ready to execute Our commands, are diligent and learned, and undergo the tediousness of journeys, and the hardship of expeditions. Therefore, Our Palatines, who are entitled to the benefits of the privileges of the Edict, shall retain as their individual property whatever they may have acquired while in Our palace, either by their industry (as has been already stated), or by Our donations.

TITLE XXXII. CONCERNING THE EQUESTRIAN DIGNITY.

1. The Emperor Justinian.

We order that the Roman knights shall be placed in the next rank after those who are designated as most illustrious.

TITLE XXXIII.

CONCERNING THE DIGNITY OF PERFECTISSIMATUS.

1. The Emperor Justinian.

Those who have obtained patents conferring the distinction of perfectissimatus shall not be entitled to the same unless they have been liberated from the servile condition, are not indebted to the Treasury, or the curia,, do not belong to the guild of bakers, or any other body of this kind, have not purchased the honor with money, or managed the business of any private individual.

TITLE XXXIV.

WHO CAN SERVE IN THE ARMY AND WHO CANNOT, AND CONCERNING SLAVES WHO ASPIRE TO ENTER THE MILITARY SERVICE OR BE RAISED TO ANY DIGNITY. No ONE CAN HAVE Two EMPLOYMENTS, OR HOLD Two DIGNITIES

AT ONCE.

1. The Emperors Severus and Antoninus.

If you desire to enlist in the army, apply to those who have the right to accept you. Moreover, you should not be ignorant of the fact that those who enlist in the army for the purpose of avoiding litigation can be discharged upon the demand of their adversaries.

2. The Emperor Alexander.

It has been established that enlistment in the army, even by the sons of decurions, in order to fraudulently evade municipal duties to which they are liable, will be of no avail.

3. The Emperors Diocletian and Maximian.

Your Highness should use the greatest diligence to prevent serfs and foresters from being enrolled in the army, whether they are volunteers, or are compelled to do so against their will.

4. The Emperor Leo.

No one of the condition of decurion, or cohortal, shall hereafter be permitted to enlist in the army.

5. The Emperor Justinian.

Those persons who, up to this time, have been invested with two, three, or more dignities, which, according to former custom, are not compatible, but separate and distinct, shall be given the choice to retain whichever one they prefer, and reject the others; so that they may permanently hold the one which they have chosen, and may, undoubtedly, be excluded from those which they have rejected.

Moreover, no one shall, hereafter, have the right to belong to more than one order at the same time; and all persons are forbidden (as

has previously been stated) to have two or more employments, or to add another dignity to which one he may already possess; and those who think that they can petition for something which has been prohibited by Us shall be sentenced to pay ten pounds of gold as a fine for their presumption, even though they may have derived no benefit from it; and all who surreptitiously obtain authority from the Emperor for this purpose (which sometimes happens) shall be fined ten pounds of gold.

When the officials attached to the different bureaus having charge of matters of this kind do not resist such applications, and violate the law, they shall be punished with a fine of ten pounds of gold. If this law should be disregarded in any respect, all persons are hereby notified that whatever has been illegally permitted, done, or inscribed upon the public records, shall be considered as not having been obtained or decreed in any way, or entered upon any register.

All persons who have obtained promotion in the military service, as well as in the civil administration in the provinces, whether they are employed at present or may be employed hereafter, are also notified that their rank, when authorized by the Emperor, shall be retained by them, and that, after their terms of service have expired, they will have permission to choose between the two dignities which they have received (whichever one they may prefer), so that they can decide whether they will keep their former dignity and renounce the one subsequently bestowed, or vice versa.

We, however, through Our inclination to be indulgent, have determined that all shall be free to adopt the above course, if the post which is to be relinquished is included among those that can be sold and transferred to others, and the price paid for the same is received; hence this can now be done, as was previously the practice in the army. Those, however, are excepted, and are not required to obey this Imperial law (which shall prevail for all time) who have two similar employments, as in the case of the members of the favored divisions of the army, whom it is customary to appoint as candidates, as well as the laterculii and the pragmaticarii, and private secretaries who enjoy the distinction of being attached to the Bureau of the Imperial Records, and the agents engaged in the transaction of business, who are invested at the same time with several dignities which have a common resemblance.

6. The Emperor Justinian.

With reference to slaves who, either with or without the knowledge of their master, may hereafter aspire to any office, We order that in case the latter was ignorant of the fact, he can appear before a competent judge, and prove that his slave was prompted without his knowledge (and this will be sufficient where the contrary cannot be proved), and if he does so, the slave shall, in consequence, be removed from office, and again brought under the control of his master.

Where, however, the slave obtained promotion with the knowledge of his master, the latter shall not only forfeit his right of ownership to him, but also his right of patronage, and the slave will become free;

and if he proves to be useful in the service in which he is employed, he shall continue in it, but if he should not be fit, he shall be dismissed. So far as these slaves, who are at present engaged in such employments, and who have already served a considerable time, are concerned, We grant permission to their masters, within the term of thirty days (to be reckoned from the promulgation of the present law) to either appear before Us, or before judges having jurisdiction, and prove that their slaves were promoted to office without their knowledge, and recover their ownership of them. When, however, the said term has expired, they shall be deprived of all rights of ownership and patronage.

7. The Same Emperor.

Where any master permits his slave to be raised to any honor, for instance, where he consents for him to enter the army, he shall be deprived of the ownership of the slave and of the rights to which patrons are entitled. For how can it be tolerated that men who have received donations at Our hands should still be considered in bondage, and, perhaps, along with their masters, be admitted to the presence of the Emperor? Therefore, under such circumstances, where not military service, but some other honor has been acquired by slaves, with the consent of their masters, the same rule as previously established shall be observed, in order that Our laws may not be considered to contain imperfections.

Again, masters are notified that, as in the case of the previous constitution which treats of slaves of this description, unless they proceed within thirty days from the time when they were notified, appear before a judge having jurisdiction, and take measures to deprive slaves of their dignities, they shall lose their ownership of said slaves, and their right of patronage over them. After the said slaves have become free and are included among freeborn persons, We will decide whether they shall retain the dignities to which they have attained, or whether they shall be deprived of them as being unworthy.

TITLE XXXV. MERCHANTS SHOULD NOT SERVE IN THE ARMY.

1. The Emperor Justinian.

We forbid those engaged in trade, either in this city or in the provinces, with the exception of bankers who are established in this capital, to serve in the army hereafter. We order them not to enlist, as they are useful in all contracts, but We authorize them to accept any other employment, without fear of violating the present law.