The most holy emperor justinian. Second edition

4. The Same Emperor.

Persons who have but little property are not forbidden to serve as attendants.

5. The Emperors Gratian, Valentinian, and Theodosius.

Any attendants who, after a hearing, have been dismissed on account of some fault or negligence, cannot hereafter aspire to any military employment; nor will a rescript be of any advantage to those who may be subjected to a penalty of exemplary severity, if, contrary to what has been prohibited by the Imperial Constitutions, they are guilty of contumacy in aspiring to such a position.

6. The Emperors Theodosius and Valentinian.

No one shall be permitted to hold the following offices, that is to say, those of the distinguished Proconsul of Asia, Count of the East, Augusta! Prefect, and their deputies, whom We have warned as being liable to a penalty of thirty pounds of gold, unless he has been recommended by a letter issued by the Imperial Secretaries. If any such person in your jurisdiction should be convicted of this offence, he shall be suitably punished, after the illegal acts which he committed have been declared to be void.

7. The Same Emperors.

We admit to the highest privilege of military distinction those who, after having performed with assiduous care the duties required by their former position, may think that they are worthy to obtain these honors; but not those who have withdrawn with the intention of indulging their cupidity, or to obtain a more profitable situation, or for the purpose of concealing crimes which they have previously committed, or in order to be able afterwards to commit others with impunity.

8. The Emperor Theodosius.

We decree that the distinguished commanders and their attendants, both those serving on the frontiers and those in command of camps, shall be solely under the jurisdiction of Your Highness, and not subject to any other judges; reserving for the illustrious and eminent generals of the army the power to decide any controversies arising between the soldiers on the frontiers in the provinces of the Orient, Thrace, and Illyria, in accordance with long-continued custom observed up to this time.

9. The Emperor Valentinian.

We decree that the honors to which registrars, clerks, and all other attendants of the PraBtorian Prefecture of the East, as well as those belonging to the offices of the different judges are entitled, shall be distributed according to custom, as prescribed by the Imperial regulations having reference to military service; and not indiscriminately or arbitrarily, or merely by magisterial authority alone, or in pursuance of letters drawn up by officers of the army, but with the authentic and written sanction of the Emperor in accordance with Our will, so that no deceit or fraud can possibly attach to them, and We order that only such persons shall be eligible who profess the true and Catholic faith.

Others, however, who are in the service (unless they belong to the number whom ancient custom has associated with the corps of attendants by those who established it) shall not only be dismissed from the service, if, on the accusation of anyone, they have been found guilty of fraud, but We decree that they shall undergo the penalty of proscription, and be deprived of all their property by confiscation.

10. The Same Emperor.

We order, by this law, that hereafter no one shall be allowed to issue permits to those who should be enrolled in some branch of the military service, who cannot legally obtain such positions without the approbation of the Emperor; but the Imperial letters containing Our consent with the signature of those under whose jurisdiction the applicants are placed shall, at the risk of the commanding officers of every division, be furnished those who desire to enter the army.

The above-mentioned documents, signed by the said officers, shall, as is proper, be deposited with each of the authorities, and although

it is clear that all other magistrates should be excepted from the

: observance of this act of approval, still, in order that no opportunity

.for the assertion of ignorance may remain, We decree that public

notice shall be given by recording the same in the registers of all the

officials who are required to admit such persons into the military

service as are entitled to the same by instruments containing the

sanction of the Emperor.

Therefore, application shall, in obedience to this regulation, hereafter enter the Imperial service either in Our palace or in any other office whatsoever; but (as has already been stated) those who are incapacitated by the terms of the Imperial Constitutions and cannot, either in compliance with ancient custom or, under the preceding rule requiring the consent of the Emperor, enter his service as set forth in the following notice, We order may do so; all persons being hereby notified that if they should attempt, either by connivance or negligence, to trifle in any respect with the Imperial regulations herein promulgated, they shall not only be punished by the confiscation of all their property, but also by death, as being guilty of the crime of deceit.

This notice shall be observed by all the employees of the Imperial Secretaries, and of those charged with the business of the palace and the Imperial Largesses, as well as with the private affairs of the Empress. It also applies to the Secretaries of the Imperial letters; the subordinates of the illustrious Praetorian Prefectures of the East, of Illyria, and of Rome; to those of the Proconsuls of Asia and Africa; of the Count of the East; of the Augustal Prefect; of the Count of the Houses Consecrated to God; of the Vicegerents of Asia, Pontus, Thrace, and Macedonia; and to the Treasuries of the Roman people.

It is likewise applicable to the Bureau of Imperial Petitions; to the employees of the generals of both branches of the service; to the Prefect of the East and Illyria; to all ushers, clerks, teachers, stewards, persons having charge of the tables and lamps, who are set apart for the service of the Imperial palace; to the chiefs of the first ten military corps of the Emperor; to the Imperial couriers, the distinguished generals of Palestine and Mesopotamia, the noble Counts of Phoenicia, Osrosnia, Syria, the Euphrates, Arabia, Thebes, Lydia, Pentapolis, both provinces of Armenia, both provinces of Pontus, Scythia, the first and second provinces of Mysia, Dacia, Pannonia, and the distinguished Counts of Egypt, Pamphilia, Isauria, Lycaonia, and Pisidia.

TITLE LXI.

CONCERNING EXECUTIVE OFFICERS AND COLLECTORS OF

TAXES.

1. The Emperors Arcadius and Honorius.

In order that the collector attached to the palace, or the attendants of men of illustrious rank, may not wander through the different parts of the provinces, and the dread of military license cause apprehension,

We decree, by this law, that all those who have been mentioned as being under the jurisdiction of the Governor of a province shall act with him, and that he shall inspect, order, and supervise everything, so that all business may be transacted with his approbation and on his responsibility.

2. The Same Emperors.

Anyone attached to Our palace, who is in the provinces for any reason whatsoever, either for the purpose of compelling obedience to law, collecting taxes, or as adviser, the bearer of despatches, agent, Palatine or attendant of illustrious officials, shall only exert such authority as he has been especially invested with by his decurionate, and shall not, as a colleague, presume to discharge any duty which someone else has been directed to perform, so that these persons may not share one another's functions, and all do what has been entrusted to each individually.

3. The Emperors Theodosius and Valentinian.

When anyone has been selected from the office of the Pra5tor, from that of the illustrious Count of the Imperial Largesses, from that of Our Private Affairs, or from any other place held by a subordinate, to occupy some other position, he is hereby notified that he must render his accounts to the proper official within a year, show that he has performed his duty, what collections he has made as well as what remains unpaid, who are in arrears, and through whose fault, or for what reason any deficiency has occurred in that province.

If, after the said term of a year has elapsed, he should still be found there, he shall be arrested as a robber, be removed from office, and condemned to a fine of ten pounds of gold, if he refuses to return. He shall also be placed in irons by the officials of the province and subjected to examination, and he shall not be entitled to defend himself on the ground of any privilege, or the pretext that some other business or task was subsequently imposed upon him, as We deprive him of the power to continue to make collections in the said province.

4. The Emperor Zeno.

We order that no property belonging to another shall be taken for the public or private debts of any individual.

5. The Emperor Anastasius.

If anyone should, through rashness and insolence, venture to violate Our orders, the Governor of the province, after having arrested him, shall be permitted to bring him before Your Highness for prosecution; and, where the collector is proved to have been guilty of having illegally exacted anything for himself, the provincial magistrate must punish his temerity as prescribed by law.

6. The Emperor Justinian.

We order that the collection of public money shall be committed to whoever has been selected, in accordance with your judgment, or

through the zealous care of the accountants, or magistrates, or under the direction of those temporarily in charge of the administration of your high office; but he will not be allowed to take up any other matter before having disposed of the one in question.

If, however, anyone should happen to depart for the purpose of attending to public business, in some province, and another case remains to be despatched by him; he will not be prevented from undertaking the settlement of both of them, but no more, if he has left this Imperial City, as he is not permitted to dispose of three without having previously obtained authority to do so from his official superiors. Those who have undertaken to decide a second case, or have permitted themselves to determine two at once, or even a third, shall be punished, not only with the loss of their positions and the confiscation of all their property, but also with perpetual exile. This same penalty shall be inflicted upon accountants and their assistants, whose duty it is to see that a violation of this kind does not occur.

7. This Law is Not Authentic.

TITLE LXII.

CONCERNING THE PROFITS OP ADVOCATES AND THE EXTORTIONS OF OFFICIALS OR THEIR SUBORDINATES.

1. The Emperor Constantine.

When anyone finds that he has been injured by the military commanders of two hundred, or one hundred soldiers, or the Advocates of the Treasury, he should not hesitate to go into court and prove the injury which he has sustained, so that the guilty party, after having been convicted, may be punished with proper severity.

2. The Same Emperor.

In addition to the regular and legal contributions required, many extortions are committed by officials against the people of the provinces, not only in the different cities, but also in private houses, where they and their animals are gratuitously entertained. Hence all judges must take care not to permit injuries of this description to remain unpunished.

3. The Emperors Gratian and Valentinian.

Whenever a collector is accused and convicted of depredations, he must suffer the penalty prescribed by the law, without appealing to Our clemency.

4. The Emperors Arcadius and Honorius.

We desire to come to the relief of members of the curise, and persons interested in navigation, as well as those of all other organizations, in order that the attendants of judges may not be permitted in any way to plunder the people of the provinces.

TITLE LXIII. CONCERNING THE CHIEF CENTURION OF THE TRIARII.

1. The Emperor Gordian.

The pay of centurions of the first rank begins to be due after their administration, and if anyone entitled to it should die before that time, it can be claimed by his heirs.

2. The Emperors Diocletian and Maximian.

Civil actions should not be transferred to the tribunals of other magistrates in the name of the Chief Centurion of the Triarii.

3. The Same Emperors.

The public welfare should take precedence of the contracts of private individuals, and therefore if it should be established that the Treasury has received what was due to it in the case of the centurion, you can demand the property hypothecated for the dowry, so that the latter may be paid.

4. The Same Emperors.

As the Emperor Aurelian decreed that children were liable for an obligation arising solely from the office of centurion held by their father, even though they were not his heirs, so, if you should not succeed to your father, and have none of his estate in your possession, the result will be that you cannot be sued by his creditors.

TITLE LXIV.

THOSE WHO ANNOUNCE THE OCCASIONS OF PUBLIC REJOICING OR THE NAMES OF THE CONSULS, OR WHO PUBLISH THE IMPERIAL CONSTITUTIONS OR ANY OTHER IMPERIAL OR JUDICIAL DOCUMENTS, SHOULD NOT RECEIVE EXCESSIVE SUMS FOR EXPENSES FROM PEOPLE AGAINST THEIR CONSENT.

1. The Emperors Gratian, Valentinian, and Theodosius.

Where an announcement of public prosperity is to be made, for instance, where war has ceased; or a victory has been won; or the honor of a royal, a consular, or any other robe of state is conferred; or where tranquillity follows the establishment of peace; or where We appear in answer to the demands of the people; We order that these announcements shall be made and received without incurring excessive expense.

We decree that the publication shall be unostentatious; that gifts shall be bestowed upon persons who are in want, and not upon those who are possessed of wealth; and We order that judges shall take care that the price of rejoicing shall not, by dishonorable collusion, be wrung from the poor.

If this law should be violated by sacrilegious dissimulation, the person who profits by what is collected shall be deprived of hisi reputa-5on andThis fortune; the same penalty shall be imposed upon him who ejected the money, and the officer who permitted it to be done shall be punished with a fine of thirty pounds of gold.

2. This Law is Not Authentic.

END OF THE CODE.