The most holy emperor justinian. Second edition

14. The Same Emperors to the General Constantine.

It is necessary for paymasters to give, without delay, to those officials whom, on account of their services, We have assigned to the command of regiments, as many solidi from the Treasury of Subsistence as there are commissaries, and they shall render an account of their administration of the provender issued for horses, when this is required by the soldiers, so that if any of them should die before receiving what he was entitled to for any reason whatsoever, payment may be made to his heirs.

15. The Same Emperors to Asclepiodotus, Prsetorian Prefect.

We order that all supplies that are ordinarily issued to the officers and attendants of the Imperial palace, as well as to the staff of the

offices of the secretaries and all other bureaus, and which those who are commissioned to collect them, actuated by cupidity and license, are accustomed to exact with severity from the inhabitants of the provinces, shall be estimated in the same way as the supplies issued to the soldiers from the Department of Subsistence; and that Your Highness cause the distribution of the same to be made to all the persons above designated, conformably to the amount demanded by the public welfare.

16. The Emperor Anastasius to Longinus, General of Cavalry and Infantry.

We decree, by this Imperial Constitution, that those to whom, by order of the office of Your Highness, the distribution of rewards, or the bestowal of any other benefits upon soldiers is entrusted, shall, in the first place, swear to discharge the duties imposed upon them in accordance with justice, and that, in compliance with the provisions of this Our most salutary law (as has been previously stated), the paymaster must disburse with his own hands, and without any deceit or fraud on his part, the pay to which each soldier is entitled; so that he can, consistently with the principles of equity, transact with a commissary such business as is usually despatched under such circumstances.

After having done this, the commissary shall be permitted, either immediately or after the lapse of one or two years—where the sum due to the soldier has been paid—to collect not more than the third part of a solidus for everyone disbursed, as no commissary will be allowed to contract to receive more than a third of a solidus for any period or term of years, nor shall he be permitted to exceed this amount, no matter how long a time may have elapsed.

(1) When, however, any controversy arises between a commissary and a soldier with reference to the agreement or transaction entered into at the time of payment, We order that the sums of money which are due to the soldier from the Imperial paymaster shall, according to the custom observed up to this time, remain either in the hands of the latter or in those of the commissary until the case has been heard, and the dispute between the commissary and the soldier settled by a written decision, so that the soldier cannot, in any way or under any circumstances, suffer loss, except where it is proved that he is indebted under a just and legal contract made with the commissary.

(2) We desire that the following rule shall be observed with reference to those who are away under leave of absence, namely: that the money which, according to the provisions of the Imperial constitutions, is payable to soldiers to the number of thirty—this number only being entitled to furlough at once—shall be deposited with their commanders, provided they are included among those who, at the time of payment, were registered by the commissary as having obtained leave of absence, and are not more than thirty in number, as aforesaid; so that when the said soldiers return, they may be entitled to indemnity, after having stated the reason for their absence to their commander. Per-

mission should not be granted to the tribune to send away more than thirty soldiers at one time under the pretext of a furlough.

(3) If, by the violation of Our most salutary Constitution, a tribune should venture to dismiss more than thirty soldiers on furlough, the money payable to those over and above the said number of thirty should undoubtedly be entered by the paymasters upon the public registers.

(4) The tribune, moreover, is hereby notified that, in addition to the penalties already prescribed for an offence of this kind, he will be compelled to pay out of his own property to each of the soldiers exceeding the number of thirty, not only what they are entitled to from the government, but also any sums which they may have lost on account of their unjust mission, and the said tribune cannot relinquish his command until he has indemnified the said soldiers, and repaired all the injury which he inflicted upon them, that is to say, upon those above the number of thirty to whom he granted leave of absence.

(5) It should be added, with reference to the evidence to be submitted, that ten of the principal commanders, as well as the other officers, having been sworn, must each state that payment was made in his presence and under his own eyes, and that every soldier received from the right hand of the paymaster the sum to which he was entitled. These facts, having been established and reduced to writing, shall be sent to Us by the tribune, or by the commanders, within three months from the time when this took place.

(6) Care should especially be taken that the paymaster should have no doubt, at the time, that, after the money had been paid to him out of the public Treasury, he must perform his duties within the space of from two to four months, in accordance with the rule which has been established; and when, by delaying payment, he dares to retain the public money in his possession for a longer period, he is notified that he will be liable, under all circumstances, to indemnify the soldiers out of his own property for any loss which the latter may have sustained through this transaction.

All those who violate the above-mentioned law, either by deferring payment for a longer time than was prescribed, or in any other respect, are warned that they will not only lose their rank, but also will be liable to the confiscation of their pay; and if they are subjected by Your Highness to a fine exceeding the amount of their pay for the violation of the Imperial Constitution, the surplus shall be distributed among the other soldiers.

(7) When, however, the same official, at the same time, commits an offence, the guilty party should be sent before Us, or at all events before the supreme magistrate, as an offence of this kind cannot come within the jurisdiction of him who takes the place of the latter. Where the crime of one who has dared to violate the provisions of Our most salutary Constitution, or any of the Imperial ordinances, has been detected and perfectly established, the guilty party can, under no circumstances, escape the penalties provided; so that all soldiers who have been injured by the violation of the terms of the above-mentioned constitutions shall be permitted to appear before Us by one or two of their

number, commissioned to represent them all; and, after having filed their complaints, and proved what they have suffered as the result of the violation of Our Constitution, he who has been guilty of doing so shall suffer the punishment prescribed in such cases.

(8) Moreover, We decree that, under all circumstances, the paymaster shall have no hesitation in paying the wives or children of deceased soldiers the sums to which, in accordance with an Imperial Constitution already promulgated, they are entitled from the date of the death of the former.

17. The Emperor Justinian.

As it often happens that, for good and imperative reasons, soldiers are detailed as guards, or for some other duty of this description, and it is not proper for the public to be subjected to any loss or expense, We decree that where any soldiers, no matter to what corps they may belong, have been, or may hereafter be appointed by Us as guards for some decurionate, or church, or for certain persons (as previously stated), or for any other purpose, and in order that no injury may be sustained by the public being compelled to furnish them subsistence, or pay, We order that the expenses incurred by them shall, by all means, be paid out of the property of the person or persons whom they have been, or may hereafter be appointed to protect, and that the Public Treasury shall only be liable for subsistence or pay in the places from which the soldiers aforesaid have already or may hereafter come; or, if the persons above mentioned should refuse to provide for them, the said soldiers shall not leave the places where they are stationed, or if they have done so, they must return without delay.

The following rule shall be implicitly observed, namely, that no soldier shall be detailed to protect anyone whomsoever, without the special written order of the Emperor, and it shall be the duty of Your Highness, whenever an order of this kind is issued by Us with reference to the appointment of any soldiers as guards, to have the fact registered, as well as what should be given to them by the persons whom they are appointed to guard, and also to cause this to be published; and if the public should be subjected to any expense on this account, you will be obliged to pay the amount out of your own property, as well as a fine of thirty pounds of gold, as a penalty for your negligence, or even for your connivance. The Governors of provinces and their subordinate officers will be liable to the same punishment if they either violate Our ordinances, or permit them to be violated.

18 and 19. These Laws are not Authentic.

TITLE XXXIX.

CONCERNING THE COOKING AND THE TRANSPORT OF PROVISIONS FOR THE ARMY.

1. The Emperor Arcadius to the General of the Army. Commissaries who have charge of provisions in the different provinces shall not compel persons with families to bake bread for the

army, contrary to established custom. Therefore Your Excellency must visit with proper punishment any usurpation of power of this kind, and when such officials are sent into the provinces the ancient custom must be observed.

2. The Same Emperor.

No one shall be exempt from the requirement of baking biscuit for our brave soldiers, or from the transport of supplies, and even Our household shall not be excused from duties of this kind. If anyone should fail to obey what is ordered, which We do not think will be the case, he shall be punished with the greatest severity in the person of his agent, so that if it should be proved that the principal was aware of his refusal—after he is known to have been in default—he shall be compelled to pay fourfold the amount allotted to him as his share of the general contribution.

TITLE XL. CONCERNING THE CLOTHING OF SOLDIERS.

1. The Emperors Valentinian, Theodosius, and Arcadius.

We order that all distributions of clothing shall be made by the Treasury of Our Largesses between the Kalends of September and the Kalends of April, and if this is not done, the Governor of the province, or he who represents him, shall suffer the penalty which your sense of justice may prescribe.

2. The Emperors Valentinian, Arcadius, and Honorius.

The Provinces of Thrace must furnish clothing for twenty soldiers, Scythia and Mysia shall furnish clothing for thirty, every year; Egypt, and a part of the East, shall each provide clothing for three hundred, and Asia and Pontus shall furnish the same quantity annually; but, throughout the provinces of the East, money can be paid instead of providing clothing. Among these, however, the provinces of Osroena and Isauria are excepted; for it is settled that they shall, by no means, be required to pay money instead of furnishing clothing.

3. The Emperors Arcadius and Honorius.

We decree that for each military cloak, not two-thirds of an as, but a solidus, shall be paid to our brave soldiers of Illyria.

4. The Emperors Honorius and Theodosius.

Sums representing the estimated value of military clothing shall be collected from contractors to be paid into Our Treasury of Largesses, so that five-sixths of the same may be paid in silver to the soldiers, and the remaining sixth paid by Our employees, without any inconvenience to themselves or to the public. When it is proved that they especially desire it, the contributions shall be made in kind to those of inferior rank.

TITLE XLI.

CONCERNING FURRIERS AND QUARTERMASTERS.

1. The Emperors Theodosius, Arcadius, and Honorius.

If any of Our quartermasters should remove the marks from houses destined for lodgings, or the names of those who are to be entertained there, he shall be liable to prosecution for forgery under the terms of this Constitution.

2. The Emperors Arcadius and Honorius.

For the purpose of preventing any injustice being committed by quartermasters or hosts in whatever city We ourselves may be, or in whatever place Our soldiers may be encamped, We desire that the owner shall undisturbed and secure retain two-thirds of his house, and that the other third shall be devoted to the reception of guests, so that, the building having been divided into three parts, the owner may have the privilege of choosing the first, and the guest select the one which he wishes, but the remaining one shall be relinquished to the owner; for it is entirely consonant with equity and justice that he who has become the owner of property by inheritance, purchase, or construction, shall have the right to select and hold that part of his building which he prefers, as well as the one not selected.

Warehouses intended for the storage of merchandise shall not be included in the division above mentioned, but shall remain untouched and free, and shall be protected from any injury by guests, and shall be set apart for the sole use of the owners, or lessees.

If, however, there should be no stable in the third part of the house assigned to the military (as is usually the case), a portion of the outbuildings shall be set apart for that purpose, according to the number of animals which require shelter, or the size of the house, unless the owner should make some other arrangement.

To promote hospitality, We decree that half of a house, instead of a third, shall be reserved for the use of persons of illustrious rank; under the condition, however, that one of the parties (if he is free and desires to do so) shall make a division of the building in accordance with justice, and the other have the right to take his choice, and We order that this shall remain unchanged; and those enjoying the rank of illustrious are hereby notified that if they take more than We have established by a general rule, and rashly violate the latter, they shall be compelled to pay a fine of thirty pounds of gold to Our Treasury, and the others be deprived of their positions.

3. The Same Emperors.

We desire all judges to know that whenever they are present, Praetors must not render ordinary decisions.

4. The Same Emperors.

We order that the obligation to receive soldiers as guests shall not be imposed upon artisans, no matter where their houses may be, and

that the same exemption shall also be granted at Antioch, and other cities where factories are situated, of course in the absence of the Imperial retinue.

5. The Emperors Honorius and Theodosius.

We free all members of the Imperial household from any anxiety with reference to the lodging of soldiers. Therefore, in the first place, no quartermaster shall encroach upon any public property or private residence, no matter what right he may claim, or by whom he has been appointed. For We give permission to any owner, or agent, and even to the people, to drive away anyone who may attempt to take possession of the premises of another for the purpose of making such preparations, and he need apprehend no criminal accusation; but he is notified that the right of private vengeance is granted him, and that he can legally restrain the first one who comes, as he could a person guilty of sacrilege.

We also decree that any Governor and his subordinate officials, by whose direction a field has been set apart for someone forbidden to enter it, shall be temporarily suspended from office.

We grant hospitality only under the following condition, namely: that nothing be demanded from the host which is necessary for the sustenance of either man or beast, that the journey of all be accelerated and continuous, and that no one shall be permitted to long remain, lest a protracted stay may cause some injury to the property. Any superintendent, collector, or subordinate officer, while serving in the army, or on a journey, shall be punished with a fine of ten pounds of gold if he demands anything from those in whose house he has obtained lodging. We wish in this way to abolish the custom of certain wicked persons, so that if they should be proved to have voluntarily obtained anything, contrary to Our order, they shall not remain unpunished.

6. The Emperors Theodosius and Valentinian.

It is also provided that no improper demands shall be required under the pretext of hospitality, nor can anyone even ask a bath from the owner of the house.

7. The Same Emperor.

Soldiers returning from the army, or leaving for the seat of war, shall be lodged at the base of towers on the walls of the Imperial City.

8. The Same Emperors.

We order that the Chief Physicians of Our palace, as well as professors of letters in the City of Rome, and those employed in the necessary, or liberal arts, together with teachers of painting (provided they are freeborn) shall be exempt from furnishing lodgings as long as they live.

9. The Same Emperors.

All those who are required to furnish lodgings in their houses, whether they do so on the requisition of quartermasters, or whether

they have been promised indemnity under some agreement, cannot be compelled to suffer the annoyance of charges or contributions on account of their houses. Hence We do not wish that anyone of this Flourishing City, or anywhere else, no matter what his rank or position, after having had his own house exempted by a military privilege from the obligation of lodging soldiers, can himself demand to be lodged in the house of others. This rule must also be observed in the provinces; and We refuse this right of having their houses exempt to all those upon whom an illustrious dignity has been conferred, either while they still hold it, or after it has been relinquished by them.

We order that these regulations shall, likewise, be observed with reference to those whose administration of office has rendered them distinguished, even where they have obtained from Us the title of illustrious. All persons are hereby notified that, when anyone who has had an honor conferred upon him, and has secured the privilege of having his house exempt from lodging soldiers, so far as a third part of it is concerned, demands at the same time lodging for himself in the houses of others, on the ground that he has a right to the exemption because of the honor which was conferred upon him, he shall be deprived of the legal privileges which he has attempted to abuse.

When, however, he is included among those upon whom no dignity has been bestowed, he shall be fined a hundred pounds of gold for the benefit of the Treasury of the Imperial Largesses.

10. The Emperors Valentinian and Martian.

We order, by this law, that if anyone should have obtained both consular and patrician rank, he shall enjoy the right to have three of his houses exempt, and to hold them secure from the obligation of lodging guests; and his heirs, his sons, his father and his mother, his grandchildren as well as his brother, his sister and his wife, shall enjoy the privilege of having two of their houses exempt. One who has only obtained the honors of the consulship shall have two-thirds of his houses exempt, and, after his death, his heirs shall have the right to have one-third of their houses free from the obligation of lodging soldiers. One who has been decorated with the dignity of patrician, but not with that of-the consulship, shall be entitled to the same privilege as the heirs above mentioned. Prefects, as well as generals of the army, as long as they live, shall have two houses exempt from furnishing lodgings. Heirs of the above-mentioned persons, however, can only protect one of their houses by a similar exemption. Masters of the Offices, or Quaestors, shall have only one-third of their houses free from the obligation of lodging soldiers during their lives, and their heirs shall only have a single house exempt. The Counts of Domestics, of the Protectors of the Imperial Largesses and of Private Affairs, as well as the eminent Primicerius, and Chief of Notaries, shall each have all their houses free from the burden of furnishing lodgings during their lifetime; but their heirs are notified that they can only enjoy this privilege for half of one of their houses, and the third part of the remaining half shall be assigned for the use of guests.

Where illustrious persons have demanded any honorary exemptions whatsoever, without having obtained the consent of the Emperor, they shall, after the promulgation of this decree, give up all their houses to guests instead of the third prescribed by law, with the exception of buildings set apart for the storage of supplies, which are situated in streets or narrow lanes.

We order that this rule shall be observed with reference to all houses which are subject to the obligation of lodging, so that no one can allege any ground for exemption on account of an Imperial rescript, annotation, or pragmatic sanction; and the provisions which We have established by this law shall be observed by all persons in this Eternal City.

11. The Emperor Zeno.

We order that the ten tribunes, in their order of rank, after the primicerius, shall be exempt from the obligation of furnishing lodging in the houses which they own in this Imperial City.

12. This Law is not Authentic.

TITLE XLII.

CONCERNING SUPPLIES WHICH SHOULD NOT BE FURNISHED TO GUESTS.

1. The Emperor Constantine.

No one in the name of counts, tribunes, officers, or soldiers shall, under the pretext of supplies, extort from their hosts mattresses, wood, or oil, nor shall he take anything of this kind, even with the consent of his hosts, but the inhabitants of our provinces shall be safe from impositions of this kind, and all counts, tribunes, officers, and soldiers who exact them will be liable to severe punishment.

TITLE XLIII. CONCERNING FURLOUGHS.

1. The Emperors Arcadius and Honorius.

No commander, chief of cohorts, their lieutenants or friends, shall be permitted, at any time during an expedition, to grant soldiers leave of absence from the camp and their standards, even in places where they are stationed, no matter what their rank may be.

If anyone should be so bold as to violate this law, and, contrary to its provisions, should grant a furlough to a soldier at a time when an attack of the barbarians is expected, and when the soldiers ought to be in camp, under their standards, he shall be punished with death.

2. The Emperors Gratian, Valentinian, and Theodosius. Persons employed in the offices of the Imperial Secretaries, of those of the Agents for the Transaction of Business, or of those of the

Palatines, and any official charged with the distribution of Imperial and private rewards, who has been absent for the space of six months after the expiration of his furlough or order to depart, shall be degraded to a place after the five which immediately follow him.

Moreover, anyone who, unmindful of the commands which he has received, voluntarily remains absent for a year after the expiration of his furlough, shall be degraded to the eleventh rank among those serving below him; and finally, if anyone should neglect his duties in this respect for the term of four years, he shall be placed after the fortieth of those who succeed him. Those who do not appear after the end of the fourth year shall, with good reason, be stricken from the rolls of the army.