Leges Selectae

Therefore let your prudence, together with other most eloquent men, strive to accomplish all these things with God's favor, and to bring them to so precise and swift a conclusion that the completed Code, digested into fifty books, may be offered to us for the greatest and eternal remembrance of the matter, and as a proof of the wisdom of Almighty God, and for the glory of our empire and of your service. Given the eighteenth day before the Kalends of January, in the consulship of Lampadius and Orestes, most illustrious men, 530. Farewell.

LEX III.

In the name of the Lord and of our God Jesus Christ.

The Emperor Caesar Flavius Justinianus, Alemannicus, Gothicus, Francicus, Germanicus, Anticus, Alanicus, Vandalicus, Africanus, pious, fortunate, renowned, victor, triumphator, ever to be revered Augustus, to the great senate and people, and to all the cities of our world.

God has granted to us, after the peace made with the Persians, after the Vandal trophies and the acquisition of all Libya, and after Carthage, most civilized, was again joined to our empire, that we should bring the work of renewing the ancient laws to its desired end, which none of the princes before our empire either could have conceived in mind or judged possible by human ingenuity.

For it was a wondrous thing that every Roman enactment from the founding of ancient Rome down to the times of our empire—a span of nearly three hundred years—was found to waver, not only in its various parts when compared with itself, but especially in the imperial constitutions, between harmony and discord alike; and yet it was not only that which conflicted with itself that had to be removed, but also whatever was found to be identical or similar had to be excluded, and a single consistent standard of beauty had to be given to it, so that single laws might appear to have been established for single matters. This was undoubtedly the work of the supreme Godhead and of the goodness flowing from it, not of human thought, or undertaking, or power. Therefore we, with hands raised to God in our accustomed manner, and having invoked Him to deign to embrace us, both undertook the task and at last completed it all, using for every service the most glorious Tribonian, master and former quaestor of our sacred palace and former consul, as well as certain other illustrious and prudent men, always examining what was being composed by them, and scrutinizing what was doubtful, and imposing on all things a fitting form according to the knowledge and vigor of understanding given to us by the Lord God and our Savior Jesus Christ. — § 1.

And so we composed the most pious Constitutions, already previously gathered in twelve books, into a Code shining with the surname of Our Piety. But now we have collected the opinions of all the ancient founders of law, from the multitude which reached nearly two thousand books and three hundred myriads of lines, into a moderate and clear compendium. We have now encompassed all things in fifty books, with heavenly favor, collecting everything that was useful and deciding all ambiguities, leaving nothing in dispute. These books we have called the Digesta or Pandectae, from the fact that they contain the divisions and decisions of the laws, and likewise from the fact that they have gathered everything into one, imposing this name upon them; nor giving them beyond the number of fifteen myriads of lines, and arranging them in seven treatises. And this not wrongly, nor without reason, but with regard to the nature and harmony of numbers. — § 2. Those things, therefore, which are called among all the first principles, we have set apart in four books. — § 3. Next, those things which treat of judgments, in another seven books. — § 4. Likewise those things which concern matters, in no more than eight books. — § 5.

The next part of the work, which is the fourth and middle part of the whole work, we have set down in another eight books. In these there is indeed the hypothecary action, not very far removed from the action on pledge; there is also the Edict of the Aediles, and the stipulation concerning evictions: these two, being accessory and consequent to sales, we have gathered together more closely, although in the old ordering of the law they diverged very far from these, on account of their mutual kinship, lest matters that speak of nearly the same thing be far apart from one another. After these, following those two books, we have introduced what has been written concerning interest, both on land and on loans for sea voyages or maritime loans, and concerning proofs and presumptions, into one book. But after these three single books—single books placed after the treatment of matters closely related to one another—and again gathering what has been said by the laws concerning betrothals, marriages, and dowry, we have granted that these also have three volumes in this arrangement. Concerning guardians of minors, however, two books—those, I say, which are called concerning guardianships among all—here too we have cut down into a compendium the aforementioned arrangement of eight books, and have completed this middle part (as has been said) of the whole work, describing in these the most beautiful and most useful laws. — § 6.

Concerning testaments, moreover, and legacies, and fideicommissa, we have gathered everything into the number of nine books. Of these, the principal place is held by those matters which concern testaments and codicils, both of all persons and also of soldiers, who make them as they wish, arranged in two books and inscribed concerning testaments. In the five following books are contained the matters which concern legacies and fideicommissa, and every ambiguity of them has been discussed. And since the account of the Falcidian law was connected and closely related to the proper treatment of legacies and fideicommissa, for that reason we have also placed it immediately after the treatment of legacies, with a whole book devoted to the matter, with a certain brief addition. And again, since the Trebellian senatusconsultum was introduced in imitation of the Falcidian law in the case of fideicommissa, we have assigned to it, as it were, the fitting place in this arrangement, attributing the whole law established on these matters to the Trebellian senatusconsultum, and finding that the position of the Pegasian senatusconsultum is superfluous, and that the absurd differences and commonalities of these senatusconsulta—which indeed the ancients, detesting them, called captious and harmful—we have gathered this whole scheme into a somewhat simpler account, and applied it to the arrangement of the single Trebellian senatusconsultum. And thus we have completed this fifth part of the whole arrangement in these nine books. In these nine books nothing has been said by us concerning certain caduca, because, on account of a certain unfavorable use, when they had grown common

in the state, and would be a mournful monument of civil wars, it was not fitting to remain in those times in which God granted us to conduct peace at home and abroad, and, when it was necessary to wage war, to overcome and capture enemies easily with His favor. § 7. There follows next, and arises for us, also the sixth part of the whole composition, comprised in eight books. It begins fittingly with those matters which are called possessions, which we, likewise carefully considering the rest, have brought both those which pertain to the freeborn and those which pertain to freedmen out of the great confusion and obscurity of earlier times into a clear compendium, judging that the number of two books suffices for them. To these we have also appended all successions called intestate, and the very orders of kinds, with their degrees also written in a book, and concerning all of them we have composed the Tertullian and Orsician senatusconsults, from which mothers and children become successors to one another. After these there proceeds another book, which sets forth laws and rights concerning the works of buildings and concerning the security [given] on account of ruined and demolished buildings, and concerning those who have committed any plots or fraud in these matters, and concerning those who have injured neighbors by the force of waters, and concerning the collectors of public revenues, and in addition concerning gifts both indefinite [or simple] and those related to the thought of death.

Again, however, whatever exists concerning any manumission whatsoever, or concerning the cases that are argued about it, has been handed down in this one book. Furthermore, the matters that concern possession, and acquisition through it, and the cases that introduce it, we have set apart in one treatise [or book]. And whatever also exists concerning judicial sentences, and those who in them have confessed anything against themselves, and concerning the surrender of goods, and the detention of creditors, and sale, and the separation and administration of goods, and that creditors suffer no fraud—this likewise has been gathered into one book. But we have also assigned the method of Interdicts to no more than one book. From there we have come also to prescriptions [or exceptions] and the times appointed in them. And we have set apart the methods of obligations and actions, and have gathered this whole part, over which possessions preside (as has been said), described in the number of eight books, setting it aside as this sixth part of the whole volume. — § 8. But the final part of the whole, which is also the seventh of the whole treatment, has been assigned to the number of six books, beginning indeed with stipulations, and proceeding to the matters written concerning fidejussio, and the counting of debts, their payment and release, and concerning the stipulations introduced from the jurisdiction of the praetors, all of which have been compressed by us into two books, since among the ancients it could not even be said how many books there were [on this matter].

He proceeds next to the narration of delicts, and recounts all matters that pertain to the more serious delicts, which they call private; and likewise those that pertain to the ones not yet called ordinary, but to which they give the name of extraordinary: he descends also to public crimes, which are the most atrocious and call for great punishment for themselves. Here too there are two books, which embrace the matters pertaining to delicts and crimes; mixed in with these are also the things written concerning accused persons who nevertheless try to conceal themselves, and concerning their goods, and concerning the punishment or indulgence inflicted on the condemned. Again, the beginning of the other book is made for us by the narration concerning appeals, which is assuredly common to the rescinding of both pecuniary [or civil] and criminal sentences. But whatever things were devised by the ancients concerning citizens [or municipals], and decurions, and public duties, and public works, and markets, and promises of revenues, and various investigations [or interrogations], and public registration, and whatever things exist concerning the meaning of words, and concerning those things which were said as rules among the ancients—the last book takes all these into itself. Of this composition, therefore, whose beginning is from stipulations, this is the sixth book if compared to its own beginning; but it is the fiftieth if compared to the whole perfection [or harmony] of its completion. — § 9.

All these things have been composed and elaborated most excellently, and as was worthy of our command, through Tribonian, the most illustrious, and also the most prudent, master and former quaestor of our palaces, and former consul, a man distinguished both in the actual experience of affairs and in eloquence and in the salt of writing laws, and who has never despised any of our commands; and also through other men who under him elaborated this work for us, namely Constantinus, the most magnificent count of the sacred largesses, and antigrapharius [or master] of the sacred scrinium, and of the sacred petitions and imperial cognitions, who has provided us with a good opinion of himself in all matters; and also Theophilus, the most magnificent master, and one who laudably teaches the laws [or rights] in this royal city, and with the highest vigilance, and as is worthy of a master's diligence; and Dorotheus, the most magnificent quaestor, and designated teacher in the city of the laws; we mean, moreover, the venerable and splendid metropolis of the Berytians, whom the best opinion and glory concerning him both brought him to us and urged us to make him a participant in this work; but also Anatolius, the most magnificent master, who himself also teaches beautifully among the Berytians those things which proceed from the laws, a man descending in the third generation from a praiseworthy lineage of interpreters of law among the Phoenicians; for his lineage traces back to Leontius and Eudoxius, men of the best memory in the laws.

After Patricius of illustrious memory, quaestor and former head of the chancery, and Leontius, most glorious, former prefect and ex-consul and Patricius, his sons, men of the highest admiration; and Cratinus, most magnificent and most prudent count of the sacred largesses, and he too is an excellent expounder of the laws in this royal city; and besides these also Stephanus, Menas, Prosdocius, Eutolmius, Timotheus, Leonides, Leontius, Plato, Jacobus, Constantinus, and Joannes, most prudent men, all of whom are indeed rhetors of the most glorious prefects of our sacred praetoria; and they justly hold glory or praise for prudence among all, and by us they have been judged worthy, as was deserved, to be chosen as participants in so great an undertaking. These things, then, have been elaborated by us concerning the composition of the Digests through the most glorious men already mentioned. — § 10.

Such, moreover, was our reverence for antiquity that we did not suffer the names of the old jurists to be changed, but inscribed the appellation of each one of them upon the laws, altering indeed whatever seemed to have been held incorrectly, now removing those parts, now adding these, and finally choosing the best from many, and granting to all one and the same force—or strength—of authority, so that whatever is written in that book is our own judgment; no one daring to compare the things which have now been done with those which existed before, because we have transposed many things, and not easy to number, for the better, even if anything had been declared in another form by some imperial constitution of the old emperors. For we have preserved the names to the old authors, but we have made the truth of the laws our own. Therefore, if there was anything seditious in them (and many such things had been stored up there), this has been cut off and settled, and every law has been brought to a clear end. — § 11.

But since it was also fitting to make some modest introduction for the sake of those who are just now approaching the laws and cannot bear a greater body of doctrine, we did not leave this outside our providence either. We summoned Tribonian, most glorious, who was also chosen for the governance of the whole lawful work, as well as Theophilus and Dorotheus, most magnificent and most prudent former censors, and commanded them to select from those things which had been composed in the manner of introductions among the ancients whatever was most suitable and pertinent to the very subject matter, and to gather them and offer them to us, and also to make mention of our Constitutions which we promulgated for the amendment of the old law, and so to compose four books, to be the first elements of the whole introduction, which it seemed good to call the Institutes. This part of the lawful work, once composed, they offered to us, and we, having considered and weighed it all, and seeing that it was correct, judged it not unworthy of our understanding, and we ordered that it be held as our Constitutions and have the force of our Constitutions; this we have made manifest to all also from those things which we set forth in the prooemia of that same volume. — § 12.

Thus, with the whole arrangement of Roman law now ordered, and with so great a work completed in three entire volumes and years (a work which at the outset exceeded all our hope, but toward the end, once we had shown the matter to be penetrable, seemed as if it could not be wholly finished even in ten years), therefore, with the work consummated in so great a celebration of three years, and offered by this work to the Lord God, who granted both to conduct peace and to direct wars successfully and to lay down laws for past, present, and future time, we judged it just to make manifest to all men our zeal and foresight in these matters: namely, how those who were formerly dissolved in disorder and confusion, with the laying down of law slipping on without any end, will hereafter use laws that are right, concise, and all ready at hand, bringing a saving of litigation, and with all things prepared and set out for men for easy acquisition, no longer needing many sums of money to gather a multitude of those useless books, but with the most trifling expense, providing the means of acquiring them both to the richer and to those who come from a slenderer patrimony.

If, however, anything from that multitude which has now been gathered together, and collected from so many thousands, appears to be similar and duplicated (and this we consider to be settled), nevertheless, for those who consider the weakness of human nature, not even this will appear to be outside a just defense; for to err in nothing—that is, to be in all things blameless or incapable of correction—is the mark of divine constancy alone, not of mortal strength, as has also been said by our forebears. Then, there are places where we have adopted the position of similar passages, either because the matters at hand demanded it, so that the same thing had to be applied to several titles, or because, when what seemed similar to a previous passage was mixed in with an extraneous place, it was impossible to remove that similarity; or also because often the continuity of the whole exposition had to be kept intact, and the mind and understanding of readers could not be separated or torn apart by the removal of what had already been written. Moreover, even where this has been adopted for the necessity of the matter, it is nevertheless brief and offers almost no sense of itself. — § 14. This very thing we have also observed both in the Constitutions already included among the imperial Constitutions and in the law that results from them; for what was already provided for in those, we did not permit to be placed in this volume either, unless sometimes, on account of some circumstance of similarity, some matter has been left behind. — § 15.

But no one will easily find a law contrary to other laws among those which have been set down in this volume, provided only that he hastens to direct his mind to all the limits of contrariety; but there is something different, which, when taken up, will perhaps make this and that legal provision appear to be of another kind.

§ 16. But even if anything has perhaps been omitted of those things which ought to have been set down (for something of this sort has perhaps happened because of the weakness of human nature), it is surely much better for our subjects to be freed from many useless laws, even if they are perhaps deprived of a few certain ones which seemed suitable, when countless thousands have been dug out and laid aside, and perhaps noticed by no mortal. —§ 17. For this reason, judges, having been deprived of so many books which formerly it was necessary to write, more easily reached the end of lawsuits from the very few authorities and books of law, and decided cases, either because of the scarcity of books, or because they were not sufficient for the many labors of finding many useful things necessary for cases, and were unequal in strength. But in the present completion, the greatest abundance of laws now obtaining has been gathered from rare books, and those which could scarcely be found, and whose names not even very many men, however learned in the laws, knew.

To be sure, the most glorious Tribonian just mentioned supplied us with a most abundant store [or material] from many books, furnishing a multitude that can scarcely be counted; and when all of these had been fully read, these volumes were compiled. But from these many and varied works, those who had been gathered by us for this purpose, when they had found nothing suitable, or nothing new beyond what had already been compiled, with the best of intentions rejected any inference to be drawn from them into this work.

§ 18. If, however, something new should afterwards be disputed, which does not appear to be written in these laws (for nature knows how to bring forth many new things), but God imposed empire upon men for this reason, that it might define by law emergent matters and those needing law, and fill in what is uncertain in human nature, and confine it within certain laws and rules—and we do not say this now for the first time, but the most prudent Julian, the most learned of all the founders of law who once flourished, appears to have said this very thing, who also implores that a completion of the laws be made by imperial authority in emergent ambiguities and questions; but also D.

Adrian of pious memory, when he had comprised in a brief book those things which had been issued annually as edicts by the praetors, having taken to this task the most eminent Julian, in the oration which he delivered publicly in elder Rome, also said this very thing: that if anything should emerge beyond what has already been ordained, it is fitting that those who are in magistracy endeavor to decide it, and to impose a remedy according to the consequence [imitation] of those things which have already been ordained. — § 19. Therefore all of you (we say, moreover, you, great senate and all men of our commonwealth), knowing these things, give thanks indeed to God, who has preserved so great a good for our times; but use our laws, paying attention to none of those which are written in the old books, nor comparing them to those which have now been set forth; because even if certain of them seem not to agree with one another, nevertheless that earlier and more ancient [body of law] displeased us as imperfect, but now this [present one] has seemed ought to prevail. For we prohibit [anyone] from using them in the future: but we grant and sanction that these alone be observed in the commonwealth and prevail; so that whoever shall have attempted, from the former books and not from these two alone and the book of Constitutions composed by us, either to use certain laws, or to read them in judgments, or if any judge has allowed them to be recited before him, he shall be guilty of forgery, and judged of public crimes, and condemned to punishment: which, even if we did not say it, would be manifest from this very thing. — § 20.

But we have judged that it will also be best to place at the head of the volume of the Digest both the ancient founders of the law, so that their volumes and the collection of laws now gathered by us may be made from them; this we ordered to be done, and it has been done; and at the same time we command that those things which have been written concerning these matters be subjoined to this our divine Constitution, so that it may be manifest to all both what belonged to the earlier inexperience and uncertainty, and what has been devised by us. Moreover, we have gathered those legislators or interpreters of the laws who were approved and received among all, and had pleased the earlier emperors, and who merited to be named by them. For if anyone is not yet known to the ancient legislators, we have also forbidden him communication with this volume. Indeed, having set all these here, we have given them one order and equal dignity, with no prerogative granted to anyone greater than to the rest. For if we have given the force of imperial Constitutions to all the things which have been written by them, what is there that ought to be held greater or less in these?

§ 21. Moreover, that which we ordered immediately when we commanded this compilation of laws to be gathered, we now again sanction and confirm: we likewise forbid all persons, whether now living or hereafter to be, that no one dare to write commentaries on these laws, except that anyone who wishes may translate them into the Greek language; and we wish him to use only the interpretation of the laws according to the foot, or so-called, and if they wish to ascribe the use of the named paratitla (as is fitting), let them do so; but let him do nothing else at all, not even the slightest thing in this matter, nor again give occasion for sedition, doubt, or infinite multitude of laws, which is what happened before in the arrangement of the ancient edict, so that what was most briefly established was extended into an infinite multitude by the difference or diversity of differing commentaries. For if anything should perhaps appear ambiguous, whether to litigants or to those who preside over the judging of cases, the emperor will interpret it rightly; for this faculty has been permitted to him alone by the laws. Therefore whoever shall dare to add any commentary to this our compilation of laws, otherwise than the form of this our command prescribes, let him know that he himself shall be liable under the laws as guilty of falsity, in that what he has composed shall be expunged, and shall be corrupted in every way.

§ The same penalty is imposed also against those who use certain marks (or signs) in writing (which signs they call sigla) and who have attempted by them to throw the writing into confusion, and who have not written out through the whole sequence of letters the numbers, and the names of the ancient jurists, and the entire text of the law. Let them know also that the purchasers of books so written will be owners of a useless book; for we do not grant permission to use such books in courts of law, or to do anything by them, even if it should happen that the book has no such sign [or mark] in that very part which is read out, but in any other part of it whatever, although it was admitted only once. And so the judge himself shall regard that book as wholly unknown. But he who wrote it, and gave it to an ignorant purchaser, shall pay double its valuation to him who has suffered loss in that amount, and the criminal penalty is nonetheless to be inflicted. For this we have written also in other constitutions issued on this matter, both those which have proceeded in the Latin tongue and that which is in the Greek language, which indeed we have addressed to the professors of law.

§ 23. We therefore ordain that these volumes (we mean those of the Institutes and the Digest) shall obtain their force from the end of our third most blessed consulate, that is, from the third day before the Kalends of January of the present twelfth indiction, and shall be valid for all time, and shall have force and place together with the imperial constitutions, both in those matters which have arisen afterward and in those which are still pending in the courts and have not yet been delivered by amicable settlements; for whatever has hitherto been either judged or settled, we do not suffer to be reopened. Indeed, God gave us that third consulate, most renowned, when also under it peace with the Persians was confirmed, and so great a volume of laws was laid down as had never been devised by our ancestors, and also a third part of the world (we mean the whole of Libya) was joined to our scepters; all these gifts were bestowed by the highest God and our Savior Jesus Christ in our third consulate. — § 24. Therefore let all the most praiseworthy magistrates of our state, receiving this divine constitution of ours, take care, each in his own court, that the laws aforesaid be used. And the most glorious prefect of this greatest and royal city shall publish it in the city.

It shall be the care of our most excellent and most praised master, and of the most glorious and most blessed prefects of our sacred praetoria, both in those regions which are in the East and those which are in Illyricum, and also twice those which are in Libya, through their edicts published to those who are appointed under them, to make these things manifest, to the inexcusable knowledge of all our subjects. Given the seventeenth day before the Kalends of January, in the third consulate of our lord Justinian, perpetual Augustus, 533.

BOOK I, TITLE XXVII.

On the office of the praetorian prefect of Africa, and on the entire state of the same diocese.

LAW ONE.

In the name of our Lord Jesus Christ.

Emperor Caesar Flavius Justinianus, Alemannicus, Gothicus, Germanicus, Francicus, Anticus, Alanicus, Vandalicus, Africanus, pious, fortunate, renowned, victor and triumphator, ever Augustus, to Archelaüs, Praetorian Prefect of Africa.

What thanks, or what praises, we ought to render to the Lord our God Jesus Christ, neither can our mind conceive, nor our tongue utter. Many indeed and before this have we deserved from God, and we confess his innumerable benefits toward us, for which we know that we have done nothing worthy.

Above all, however, this which almighty God has now deigned to show forth through us for His praise and for His name's sake surpasses all the wondrous works that have occurred in the world: that Africa, through us, in so short a time has recovered liberty, having been held captive by the Vandals for ninety-five years before, who had been at once enemies of souls and of bodies. For they were transferring souls, which could not endure diverse torments and punishments, to their own perfidy by rebaptizing them; but bodies, distinguished by free birth, they were most harshly subjugating to the barbarian yoke. They also defiled the very sacrosanct churches of God with their perfidies, and some of them they made into stables. We have seen venerable men who, with their tongues cut out by them, were miserably speaking of their punishments; others, after diverse torments, scattered through diverse provinces, dragged out their life in exile. With what speech, then, or with what works shall we be able to give worthy thanks to God, who through me, His last servant, has deigned to avenge the injuries of His Church and to snatch the peoples of so many provinces from the yoke of servitude? This benefit of God our predecessors did not merit, to whom it was not permitted even to liberate Africa, but who also saw Rome itself captured by the same Vandals, and all the imperial ornaments carried from there into Africa.

But now God, through His mercy, has handed over to us not only Africa and all its provinces, but You also restore to us the very imperial ornaments which had been carried off when Rome was captured. Therefore, after such great benefits as the Divinity has bestowed upon us, we ask this of the mercy of our Lord God: that He may keep firm and unharmed the provinces which He has deigned to restore to us, and make us govern them according to His will and good pleasure, so that all Africa may feel the mercy of almighty God, and its inhabitants may know from how very harsh a captivity and barbarian yoke they have been freed, and in how great a liberty under our most blessed empire they have deserved to live. Furthermore, we beseech and implore by the prayers of the holy and glorious ever-virgin Mary, Mother of God, that whatever is lacking to our commonwealth, God may restore in His own name through us, His last servants, and make us worthy to fulfill His service.

§ 1. Therefore, with God's help, for the prosperity of our commonwealth, we sanction by this divine law that all Africa, which God has bestowed upon us, may through His mercy receive the best order and have its own prefecture: so that, just as the East and Illyricum, so also Africa may be specially honored by our clemency with the highest praetorian power. We order that its seat be Carthage, and that in the heading of public documents the name of this prefecture be added to the other prefectures, which we decree that Your Excellency is now to govern.

§ 2. And from it (with God's help) let seven provinces be arranged with their own judges: of which Tingi and the one formerly called Proconsularis, Carthage, Byzacium, and Tripolis are to have consular governors; but the remaining ones, that is, Numidia and Mauritania, and Sardinia, are to be governed by presidents with God's aid. — § 3. And in the staff of Your Greatness, as well as for the time being of the magnificent man the praetorian prefect of Africa, we decree that three hundred ninety-six men serve in the various bureaus and offices. But in the offices of the consular governors and presidents we sanction that there be fifty men in each office.

4. What benefits, however, either your Magnificence or the consulars and presidents, and what each one of their office ought to obtain from the public treasury, the notice appended below declares.

§ 5. We desire, therefore, that all our judges, according to the will and fear of God and our own choice and ordination, strive so to govern their administrations that none of them be given over to greed for gain, or either inflict any acts of violence himself or permit them to be inflicted on the judges or their offices or on any other taxpayers whatsoever. For although, with God's help, we hasten throughout all our provinces that taxpayers may be kept unharmed, we nevertheless consult especially for the tributaries of the African diocese, who after the captivity of so many times have deserved, with God's help, through us to see the light of liberty. We therefore order that all acts of violence and all avarice cease, and that justice and truth be preserved toward all our tributaries. For in this way both God will be appeased, and they themselves can more swiftly, like the other taxpayers of our commonwealth, be relieved and flourish. — § 6. We also order that the sportulae be exacted from the office both of the magnificent man, the praetorian prefect of Africa, and of the remaining judges in the manner that has been laid down in our laws and is observed by our whole commonwealth, so that no one may dare at any time or in any manner to exceed their amount. — § 7.

We believe that this also ought to be ordained by the present sanction, that the judges may not appear to sustain many expenses for the completion of charters or codicils, either in our register or in the offices of the prefect of the praetorium throughout Africa, because if they themselves are not harmed by expenses, they will have no necessity of burdening the taxpayers of our said Africa. We therefore order that the judges of the African diocese, both civil and military, in our register for the customary fees for the promotion of codicils and chartularies shall pay nothing beyond six solidi, but in the office of the prefects they shall be compelled to pay no more than twelve solidi. If anyone exceeds this measure, he himself as judge shall indeed be subject to the expense of thirty pounds of gold; but his office shall sustain not only a similar expense, but also capital danger. For if anyone from whatever quarter dares to exceed our orders, and does not hasten to observe them with the fear of God, he shall sustain the danger not only of his rank or substance, but shall also be subject to the ultimate punishment. — § 8. And the notice is, with God's help. For annonae and capitus for the time of the prefect of the praetorium throughout all Africa, one hundred pounds of gold. For the annonae of the consulars, 20 pounds of gold. For the annonae of the cancellarii, 7 pounds of gold. Likewise for his offices thus. In the first office, for ten men for annonae 18; for capitus, 12 solidi. They make 148 solidi. Likewise to the numerarius, for annonae, 5 solidi; and for capitus, 4 solidi.

They come to 46 solidi. Second, for the year, 5 solidi annually; and for each head, 5 solidi per head, and for each head, 4 solidi per head. They come to 16 solidi. And indeed 4, at 50 per year, annual solidi; and at 50 per head, 4 solidi per head. They come to 24. For the remaining 3, at 50 per year, annual solidi; and at 50 per head, 4 solidi per head. They come to 28 solidi. In the second bureau, as is written above. In the third bureau, as is written above. In the fourth bureau, as is written above. In the bureau of the first bureau, which is for the assistant men, 10, 14 per year, 12 per head. They come to 116 solidi, namely. Thus for the first bureau, for 3 per year, 5 annual solidi; and for 2 per head, 4 solidi per head. They come to 23 solidi. Second, for 2 per year, annual solidi, as is written above; and for each head, solidi per head, as is written above, and they come to 16 solidi. Third and fourth, for 1 per year, an annual allowance of solidi, as is written above; and for 1 per head, solidi per head, as is written above. They come to 25 solidi. For the remaining 6 men, at 1 per year, an annual allowance of 5 solidi; and for each head, 4 solidi per head. They come to 58 solidi. In the bureau of the commentariensis, 12 men, 17 per year, 4 per head. They come to 153 solidi. For the first commentariensis, 3 per year, 5 solidi; for 2 per head, 4 solidi per head. They come to 23 solidi. The following 3 men, at 2 per year, annual solidi; for 2 per head, 4 solidi per head. They come to 48 solidi. The remaining 8 men, at 1 per year, 5 annual solidi; and 1 per head, 4 solidi per head. They come to 27 solidi. In the bureau of the ab actis, 10 men, 1 per year, 12 per head, 118 solidi. Thus for the first, per year,

3; for the year, 1, 6 solidi; for 2 heads, 1 solidus per head. They come to 23 solidi. Second and third, for the second year, annual solidi; and for 1 head, 4 solidi per head. They come to 32 solidi. For the remaining 17, for 1 year, 5 solidi; for 1 head, 8 solidi per head. They come to 64 solidi. In the bureau of petitions, for 7 men, 6 for the year, 6 per head. They come to 5 solidi. For 2 heads, 4 solidi per head. They come to 16 solidi. Second, 1 for the year, solidi; for 1 head, 4 solidi. They come to 12 solidi. For the remaining 4 men, for 1 year, annual solidi; and for 1 head, 4 solidi. They come to 36 solidi. In the school of the exceptores, for 60 men, 74 for the year, 62 per head, 618 solidi. Thus first and second, 3 for the year, annual solidi; and for the head, 4 solidi per head. They come to 46 solidi. For the other 6 men, for 2 years, annual solidi; for 1 head, 4 solidi per head. They come to 116 solidi. For the remaining 10 men, for 1 year, 5 annual solidi; and for 1 head, 4 solidi per head. They come to 115 solidi. For the remaining 44 men, for 1 year, solidi; and for the head, 4 solidi. They come to 386 solidi. In the school of the singulares, for 50 men, 3 for the year, 1 per head, 473 solidi. Thus 1, 1 for the year, 5 annual solidi; 1 head, 3 solidi per head. They come to 34 solidi. Second, third and fourth, for 5 years, 5 annual solidi, and for 1 head, 4 solidi per head. They come to 34 solidi. For the remaining 46, for 1 year, 5 solidi; and 1 head, 4 solidi per head. They come to 418 solidi. In the school of the miltendarii, for 50 men, 52 for the year, 50 per head, 442 solidi. Thus first, 1 for the year, 5 annual solidi, and for 1 head, per head

solidi 4. They come to 14 solidi. Second, third, and fourth, for the year, annual solidi 5; and for 8 heads, 1 head, 4 solidi per head. They come to 34 solidi. S. For the remaining 46 men, for 1 year, annual solidi 5; and for 1 head, 4 solidi per head. They come to 324 solidi. In the school of the couriers, for 30 men, 22 years, S. 30 heads, 232 solidi. Thus first, for the year, annual solidi 5, for 1 head, 1 solidus per head. They come to 17 solidi. Second, third, and fourth, for 1 year, S. annual solidi 5; and for 1 head, 4 solidi per head. They come to 34 solidi. S. For the remaining 26 men, for 1 year, annual solidi, and for 1 head, 4 solidi per head. They come to 234 solidi. In the school of the nomenclators, for 22 men, annual solidi 5, for 12 heads, 4 solidi. They come to 115 solidi. Thus first, for the year, annual solidi; for the head, S. 4 solidi per head. They come to 16 solidi. For the remaining 11 men, for 1 year, annual solidi 5, and for 1 head, solidi per head. They come to 99 solidi. In the school of the stratores, for 6 men, for the year, 6 heads, 59 solidi. Thus first, for the year, annual solidi 5; 1 head, 4 solidi per head. They come to 11 solidi. For the remaining 5 men, for 1 year, annual solidi 5; and for 1 head, 4 solidi per head. They come to 45 solidi. In the school of the praetorians, for ten men, 12 years, 11 heads, 97 solidi. Thus first, for the annona, for the year, 5 solidi; for the head, 4 solidi. They come to 16 solidi. For the remaining 9 men, for 1 year, for the annona, solidi; 1 head, for the head, 4 solidi. They come to 71 solidi. In the school of the draconarii, for 10 men, 11 years, 10 heads, S. 206 solidi.

Thus, first, for the year, at 14 solidi per year; for 1 head, at 4 solidi per head. They come to 16 solidi. For the remaining 9 men, for 1 year, at 5 solidi per year; 1 head, at 4 solidi per head. They come to 89 solidi. In the office of works, for 20 men, 24 years, 21 heads, 224 solidi. Thus, first, 5 years, at 5 solidi per year; 2 heads, at 8 solidi per head. They come to 24 solidi. For the remaining 3 men, for 2 years, at solidi per year; and for 1 head, at 4 solidi per head. They come to 62 solidi. For the remaining other 6 men, for 1 year, at 5 solidi per year; and for 1 head, at 4 solidi per head. They come to 90 solidi. In the office of the treasury, for 20 men, 28 years, 21 heads, 224 solidi. Thus, first, 3 years, at solidi per year; 2 heads, at 4 solidi per head. They come to 23 solidi. For the remaining 4 men, for 2 years, at 5 solidi per year; and for 1 head, at 4 solidi per head. They come to 42 solidi. For the remaining other 6 men, for 2 years, at solidi; and for 1 head, at 4 solidi per head. They come to 68 solidi. For the remaining other 110 men, for 1 year, at solidi per year; and for 1 head, at 4 solidi per head. They come to 90 solidi. In the school of the chartularii, for 50 men, 58 years, 2 heads, at 4 solidi per head. They come to 24 solidi. Thus, first, 3 years, at 5 solidi per year; 2 heads, at 4 solidi per head. They come to 23 solidi. For the remaining 3 men, for 2 years, at solidi per year; and for 1 head, at 4 solidi per head. They come to 48 solidi. For the remaining other 6 men, for 1 year, at 5 solidi per year; and for 1 head, at 4 solidi per head. They come to 49 solidi.

For the remaining 40 men, for 1 year, at 5 solidi per year; and for 1 head, at 4 solidi per head. They come to 360 solidi. They come to 396 men, 499 years, 2 solidi, 390 heads, 420. They come to 4, 73, 3, 682 solidi. Likewise for the years and heads of the censuales, 449 solidi. For the offices of his, 160 solidi. The power of the middle, for 5 men, 48 years, 18 heads, 418 solidi. Thus first, for the year, for 15 years; 5 heads, 5 solidi. Second, for 10 years, 5 heads, 70 solidi. For the remaining 3 men, for 8 years, and for 2 heads, 150 solidi. For the 2 grammarian men, for 10 years, and for 2 heads, for 70 solidi, allotted. For the 2 orator men, for 10 years, 5 heads, for 70 solidi. — § 9. These things therefore, which for the expenses of the civil judges of Africa, and of their offices, that is, both of the scriniarii of his most ample prefecture and of the cohortales, we have established by this divine constitution, let your Magnitude, knowing them, take care that they be put into effect and observed from the Kalends of September of the future thirteenth indiction, and make them known to all by public edicts, namely to those who have been appointed by your Sublimity according to the present divine constitution, who will have the firmness of their status in perpetuity. For, with God's help, concerning the military judges, and concerning their offices, and concerning our other army, we will establish by another sanction. Given at Constantinople. Our Lord Justinian, P. P.

LAW II.

The same Augustus to Belisarius, master of the soldiers for the East.

In the name of our Lord Jesus Christ we always proceed to all counsels and all acts; for through him we have received the rights of empire, through him we have confirmed peace with the Persians forever, through him we have cast down the bitterest enemies and the mightiest tyrants, through him we have overcome many difficulties, through him it has been granted to us to defend Africa and to reduce it under our empire, through him also we trust that it may be rightly governed and firmly guarded by our moderation. Hence by his grace we have also appointed judges of the civil administrations and the offices for each of the African provinces, assigning indeed the emolument that each one ought to receive. Therefore, still referring our mind to his providence, we also dispose to ordain the armed militias and the commanders of the soldiers. — § 1. We therefore sanction that the duke of the soldiers of the province of Tripolitana shall for the time being have his seat in the city of Leptis Magna. But the duke of the province of Byzacena shall for the time being sit in Capsa and the other city of Leptis. But the duke of the province of Numidia shall for the time being have his seat in the city of Constantina. But the duke of the province of Mauritania shall for the time being sit in the city of Caesarea. — § 2.

We also order that at the crossing which lies opposite Spain, which is called Septa, you establish, according to your Magnitude's provision, soldiers together with their tribune—a prudent man who preserves devotion to our commonwealth—who can both always guard that same crossing and report all things whatsoever that are done in the regions of Spain, or Gaul, or among the Franks to the illustrious dux, so that he may report to your Magnitude. At this same crossing you shall also cause dromons, as many as you have provided for, to be stationed. § 3. In Sardinia, moreover, we order that a dux be appointed, and that he, stationed near the mountains where the barbarian peoples are seen to dwell, have soldiers for the guarding of the places, as many as your Magnitude has provided there also.

§ 4.

And let all be diligently vigilant over the provinces committed to their care, and defend our subjects unharmed from every incursion of the enemy, and let them hasten, by day and by night invoking God's aid and laboring diligently, to extend the African provinces all the way to those boundaries where the Roman state had its limits before the invasion of the Vandals and the Moors, and where the ancient guards kept watch, as is shown by the fortresses and burgi; and above all let them hasten, with the help of divine mercy, to seize and fortify the cities which were formerly held near the fortresses and boundaries, since they were established under Roman rule, as the enemies are driven out in parts; and let commanders and soldiers advance in parts to those places where formerly the boundaries and fortresses of the provinces were, when the whole African provinces were preserved under Roman rule, which, God consenting (by whose aid they have been restored to us), we hope will soon come to pass in our times; and that the provinces may be preserved whole in security and peace with their ancient boundaries, and guarded unharmed by the watches and labors of the most devoted soldiers and by the care of the most distinguished Dukes for the time being, since it is fitting that guards should always keep the boundaries of the province, lest license be given to the enemy to rush in or devastate the places which our subjects possess. — § 5.

But how many soldiers, whether foot or horse, ought to be stationed at each frontier post for guarding the provinces and cities, let Your Greatness arrange as it shall have considered, and report to us, so that if we foresee that the arrangement is sufficient, we may confirm it; but if we perceive that something more should be done, we may increase it. — § 1. What, moreover, the duke shall receive by way of stipend for himself and his men, and what his office shall obtain, is declared in the attached notice. — § 7. Therefore, as has been said above, for the time being let the dukes and soldiers, according to our disposition, dwell in the places or cities in which we have ordered, until, with God's aid, through our labors they can be established in those places for us and for our commonwealth in which the ancient frontier of each province was constituted, when, with the Roman commonwealth flourishing, the aforesaid provinces were held intact. — § 8. For the arranging of the frontier soldiers, moreover, it seems necessary to us that, besides the comitatensian soldiers who are in the camps, frontier soldiers be established who can both defend the camps and the frontiers of the cities and cultivate the land, and so that the other provincials, seeing them distributed in parts, may betake themselves to those places.

And we have made a model of one register of frontier soldiers, so that according to the model which we have sent, through the camps and places which Your Greatness shall have provided for, you may arrange them in the likeness of our model; yet in such a way that if you find fit bodies from the provinces, or from those who previously had been soldiers, you shall establish them in the register of frontier soldiers, on each frontier, so that if perhaps some disturbance should arise, these frontier soldiers themselves, without the comitatensian soldiers, together with their own dukes, may be able to assist the places where they have been stationed, not going far beyond the frontier—neither the frontier soldiers themselves nor their dukes—so that the aforesaid frontier soldiers may suffer no loss even from the dukes or the judges, nor may these convert any customary dues from their stipends to their own profit by fraud. But we wish this to be observed not only in the case of frontier soldiers, but also in the case of comitatensian soldiers. — § 9. And we order each duke and the tribunes of the same soldiers always to keep the soldiers at the exercise of arms, and not to allow them to wander about, so that whenever necessity arises they may be able to resist the enemy; and we do not permit the dukes or tribunes to dismiss any supply officer from among them, lest, while they strive to gain profit for themselves, they leave our provinces unguarded.

For if the aforesaid dukes, or their offices, or the tribunes, shall have presumed to withhold the supply allowance from the soldiers, or to acquire any profit for themselves from their emoluments, we order that this be repaid to the public treasury not only fourfold, but that they also be deprived of their rank. For both dukes and tribunes ought rather to hope for remuneration from our liberality beyond the emoluments assigned to them, according to their labors, and not to acquire profit for themselves from the supplies of the soldiers or from their stipends, since soldiers were established for this purpose, that through them the provinces may be protected, especially since we have sufficiently provided emoluments both to the dukes themselves and to their offices, and have always taken care to lead each one according to his labors to better grades and to greater dignities. — § 10. But after it shall have pleased God, and through Your Greatness the whole frontier shall have returned to its ancient state, and the Lena shall have been arranged, then wherever necessity shall have arisen, the distinguished men, the dukes, shall provide aid to one another when usage shall demand it, and the provinces, or their frontiers, shall be kept unharmed (with God's help) by their watchings and labors. — § 11. But just as we order our judges and soldiers to be bold and fierce against enemies, so we wish them to be gentle and benevolent toward our taxpayers, and to cause no damage and no injury to them. But if anyone of the soldiers shall have dared to do anything more than this...

whatever loss to our tributaries, let it be punished with a fitting penalty at the risk of the illustrious duke or tribune and the princeps, so that our tributaries may be kept indemnified. § 12. If, however, for certain causes an application has been made before our judges, we order that the executors receive no more in the name of sportulae than is defined by our laws, and that they forfeit the penalty inserted in those same laws for transgression.

§ 13. But when, with God's favor, our African province has been ordered according to our disposition through your greatness, and its frontiers have been restored to their ancient state, and all Africa has been held as it was, then, when all these things (with God's help) have been disposed and completed in the presence of your greatness, and through your labors all the boundaries of Africa have recovered [their ancient extent], and you have informed us concerning the whole ordering of the entire African diocese—that is, how many and which soldiers, and in which places or cities they are stationed, and which frontier soldiers, and in which places and military posts they are established—then we order your greatness to return to our clemency. § 14. In the meantime, however, if your greatness has observed that any cities or fortresses situated along the frontiers are of excessive size, and for this reason cannot be well guarded, let it arrange that they be built in such a manner that they can be well preserved by a few. § 15.

But when your Magnitude, having settled all matters, has been ordered to return to us, then the dukes of each frontier, as often as they have need of some work for repairing cities or forts, or for their own expenses, or for provisions, shall promptly signify it to the magnificent man the prefect of Africa, so that he may hasten to do what is necessary, lest any delay harm the provinces.

§ 16. But the things which he himself has done, or which must still necessarily be procured afterward, both the aforesaid magnificent man the prefect of Africa and the distinguished men the dukes shall frequently report to us, along with all other matters that are done there, so that we may confirm good deeds, and those things which ought more opportunely to be done may be carried out by our arrangement. — § 17. We also decree this, that the judges who are to be appointed throughout the African frontiers shall give nothing more in the most sacred palace to any person or dignity, or in the praetorium of the prefecture of Africa and the power of the magistracy, than what the notice appended below declares; for if anyone shall have usurped or received more than is taxed in the appended notice, he shall pay a fine of thirty pounds of gold under that name, and with this he shall also be subject to the risk of our indignation, with no other person whatsoever, or dignity, or office receiving anything from them, except those whose names are contained in the notice below. — § 18.

For this reason we order (with God's help) that each duke, or their offices, according to what the notice appended below contains, receive their emoluments from the taxes of the province of Africa from the Kalends of September of the present most fortunate thirteenth indiction. — § 19. And this notice, God willing, must be delegated to the dukes and their offices established in Africa, for annonae and capita to be provided each year. Thus to the most illustrious man, the duke of the province of Tripolitana, and to his men individually, 5 solidi, 159 capita; to each capita, 183 solidi. To the assessor of the duke, to the office and its men, 40, 9b amet. S. sing. aim. cap. sol. 6. Together they are for annonae and capita 674 solidi. They are divided thus: to the assessor in annonae 8, capita 4. To the primicerius in annonae 8, capita 2. To the ducenarii 3, at annonae 6 solidi, they become annonae, capita become capita. To the centenarii 6, annonae 5, they become. They become annonae 4 and to capita f. they become annonae 16 and to capita i. S. they become annonae 3, they become capita 8. To the circitores 9 and a half. To others 11, at annonae 14 they are, and to capita 3, they become capita 11.

Likewise, to the most illustrious duke of the province of Byzacena and his men: 190 annonae, at 5 solidi per annum each; 158 capita, at 10 solidi per caput each. Together they make 670 solidi for annonae and capita. All are divided as follows: to the assessor, 7 annonae, 4 capita; to the primicerius, 5 annonae, 2 capita; to the numerarius, 6 annonae, 3 capita; to the ducenarius, 4, amounting to 3 annonae, making 3 capita; to the centenarii, 6, 15 annonae, and 1 caput, making 7 capita; to the circitores, 9, amounting to 13 annonae, and to the capita, 10, making 7 capita; to the circitores, 9, amounting to 2 annonae, making 18, and to the capita, making 13 annonae and 9 and a half capita; to other circitores, 11, amounting to 3 annonae, making 13 and a half annonae, and to the capita, 11. Likewise, to the most illustrious duke of the province of Numidia and his men: 190 annonae, at 8 solidi per annum each; 158 capita, at 9 solidi per caput each. Together they make 351 solidi and 34 for annonae and capita. To the assessor of the duke and to the men of his office, 40: 5 solidi for annonae and capita; 49 capita, at 5 solidi per caput each; 472, at 3 solidi per caput each. Together they make 164 and a half solidi for annonae and capita. They are divided as follows: to the assessor, 13 annonae, 6 capita; to the primicerius, annonae, 3 capita; to the numerarius, 4 per annum. They amount to 16 annonae and, for the capita, to the centenarii, 11 and a half annonae. They make twelve, and for the capita, 6 capita. To the biarchi, 8; to the circitores, 9, amounting to 2 annonae, making 127 annonae, and to the capita, 5, making 8 and a half capita. To other circitores, 11, amounting to 2 annonae, making 16 annonae; they are 15, and to the capita, 5, making 11 capita. Likewise, to the most illustrious duke of the province of Mauritania and his men: annonae 500, at 5 solidi per annum each; capita 200, 160, 35 solidi.

To the assessor of the duke, and to his office's men: 40. Annonae 96, at 3 solidi each; capita, at 3 solidi each; together they make 670 solidi for annonae and capita. They are divided thus: to the assessor, in annonae 9, capita 4; to the primicerius, in annonae 5, capita 1; to the numerarius, in annonae and capita 3; to the ducenarii, 3, at annonae 3 solidi each; they make annonae and capita 3; they make capita 1; to the centenarii, 3, at annonae 3 solidi each; they make annonae and capita 3; they make capita 2; to the centenarii, 9, at annonae 10 and at capita 3; they make capita 3; to the biarchi, 8; to the circitores, at annonae 8; they make annonae 18, and at capita 3; they make capita 3; they make capita 11. Likewise, to the most illustrious duke of the island of Sardinia and his men: annonae 190, to each 282 solidi per annum; to the assessor of the duke and to his office's men, 40: annonae 96, to each per annum solidi; capita 48, to each caput 9 solidi. Together they make for annonae and capita 150, 186. They are divided thus: to the assessor, annonae 9 and capita 3; to the primicerius, in annonae 2, capita 3; to the numerarius, in annonae and capita 3; to the ducenarii, 4: the annonae are 16, and the capita 3; they are also capita 9; to the circitores, 9, annonae 3; they make annonae 29, and capita 3; they make capita [6]; to the circitores, 9, annonae 9; they make annonae 4, capita 9 and a half; to others, 11, at annonae 16; they are also at capita 3; they make capita 20. § 20. A notice of the customary dues which the duke of each frontier, for the time being, ought to provide in the sacred ledger and in the praetorium of the most ample prefecture throughout Africa, and in the office of the master of soldiers, thus: in the sacred ledger, 6 solidi.

In the office of the master of soldiers of the power, for registering his administration's divine addresses of our Serenity: 12 solidi. Likewise to the office of the most illustrious prefecture throughout Africa, for registering the same letters: 12 solidi.

§ 21. Therefore let your Glory, which our Eternity has established by this pragmatic sanction, order that these provisions be put into effect and observed.

§ 22. This law was issued on the Ides of April at Constantinople, in the fourth consulship of our lord Justinian, perpetual Augustus, and of Paulinus, most illustrious. — § 23. And this notice, God willing, must be delegated to the judges and to their offices established in Africa, for the annonae and capita to be provided each year. Likewise to the most illustrious duke of the province of Tripolitana and his men, in the ninetieth year: for each annona, five solidi; for capita, one hundred and fifty-nine; for each caput, two hundred and eighty-two solidi. To the duke's assessor and to his office and men, in the fortieth year: ninety-seven. Likewise to the most illustrious duke of Byzacena and his men, similarly. Likewise to the most illustrious duke of Numidia and his men, similarly. Likewise to the most illustrious duke of the province of Mauritania and his men, similarly. Likewise to the duke of Sardinia and his men, similarly.

§ 24. Likewise a notice of the customary payments which the dux of each frontier is accustomed to provide in the sacred register, and in the praetorium of the most illustrious prefecture throughout Africa, and in the office of the master of soldiers for the time being, as follows: in the sacred register, six solidi. In the offices of the masterly power of soldiers, for registering the divine administration's addresses, or the utterances of our divine Serenity, twelve solidi; for the office of the most illustrious prefecture throughout Africa, for registering its documents, twelve solidi. — § 25. Therefore let your Glory order that the things which are established by this our pragmatic sanction be given over to the effect of eternity and observed.