Codex Theodosianus Pharr Trans.

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Citation: 1 The Theodosian Code and Novels and the Sirmondian

Clyde Pharr trans. i 1952
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The Theodosian Code
Reproduction by Permission of Buffalo & Erie County Public Library Buffalo, NY
THE CORPUS OF ROMAN LAW

(CORPUS JURIS ROMANI)
A Translation, with commentary, of all the
Source Material of Roman Law
VOLUME
The Theodosian Code and Novels

and the Sirmondian Constitutions
GENERAL EDITOR, CLYDE PHARR
ASSOCIATE EDITOR, THERESA SHERRER DAVIDSON
ASSISTANT EDITOR,
MARY BROWN PHARR
CONSULTING
ADOLF BERGER
ECOLE LIBRE DES HAUTES ETUDES
FRED H.
BLUME
WYOMING SUPREME COURT
A. E. R. BOAK
UNIVERSITY OF MICHIGAN
VLADIMIR GSOVSKI
LIBRARY OF CONGRESS
MASON HAMMOND
HARVARD UNIVERSITY
ALLAN JOHNSON
PRINCETON UNIVERSITY
TOM B.JONES
UNIVERSITY OF MINNESOTA
FLOYD S. LEAR
RICE INSTITUTE
ERNST S. LEVY
UNIVERSITY OF WASHINGTON
M. R. P. MC GUIRE
CATHOLIC UNIVERSITY OF AMERICA
EDITORS
GAINES POST
UNIVERSITY OF WISCONSIN
ROSCOE POUND
HARVARD UNIVERSITY
ERNST RABEL
tMAX
RADIN
UNIVERSITY OF CALIFORNIA
ROBERT S. ROGERS
DUKE UNIVERSITY
MICHAEL ROSTOVTZEFF
YALE UNIVERSITY
EVA M. SANFORD
SWEET BRIAR COLLEGE
A. ARTHUR SCHILLER
COLUMBIA UNIVERSITY
J. B. THAYER
HARVARD UNIVERSITY
A. VASILIEV
DUMBARTON OAKS
HESSEL E. YNTEMA
THE
THEODOSIAN CODE
AND NOVELS
AND THE SIRMONDIAN
CONSTITUTIONS
A TRANSLATION
WITH COMMENTARY, GLOSSARY, AND BIBLIOGRAPHY
BY CLYDE PHARR
IN COLLABORATION WITH THERESA SHERRER DAVIDSON
AND MARY BROWN PHARR
WITH AN INTRODUCTION BY C. DICKERMAN WILLIAMS
PRINCETON UNIVERSITY
PRESS - 1952
L C.
COPYRIGHT, 1952 BY CLYDE PHARR
LONDON: GEOFFREY CUMBERLEGE, OXFORD UNIVERSITY PRESS
Publication of this work has been aided by a grant from the

American Council of Learned Societies from a fund provided
by the Carnegie Corporation
PRINTED IN THE UNITED STATES OF AMERICA

BY PRINCETON UNIVERSITY PRESS AT PRINCETON, NEW JERSEY
TO
THE MEMORY OF
JACOBUS GOTHOFREDUS
PHILOLOGIST, HISTORIAN, JURIST
LOVER OF LEARNING
EDITOR OF THE THEODOSIAN CODE
AND
FOUNDER OF
MODERN THEODOSIAN SCHOLARSHIP
PREFACE
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THIs book is complete in itself, although it is the first

volume in a more extensive project for the collection and
translation of all the source material of Roman law, together with commentaries and glossaries.
The project was officially launched in 1943 but its history begins at a much earlier date. It was originally
planned in 1930 by the general editor, who in addition to
his philological and historical studies had previously spent
some years in Roman law research. Theresa Sherrer Davidson, who at that time was engaged in Roman law research as a graduate student in classics and who had been
a member of the Tennessee Bar since 1922, soon became
associated with the project. Although the accomplishment
of this project was postponed because of failure to secure
the necessary financial support, the interval between the
inception of the project and the active promotion of it in
its present form was profitably spent in further preparation for the final work. In addition, Dr. Davidson and Dr.
Philip Harsh, now of Leland Stanford University, began
definitely to work on the project by translating parts of
the Digest of Justinian. In 1943, when Vanderbilt University made intensive work on the project possible by a
substantial financial contribution for the payment of graduate assistants and clerical workers, the general editor reformulated the plan, in collaboration with Dr. Davidson,
who was then appointed associate editor. At this time the
editorial organization was greatly strengthened by the addition of the board of consulting editors. In 1946 Mary
Brown Pharr, who previously as graduate assistant had
engaged in the translation work, was added to the staff as
assistant editor. Thus the present volume is the culmination of many years of arduous work and the product of
the labors of a number of people.
The Theodosian Code, the Sirmondian Constitutions,
and the Novels of the Theodosian Corpus were chosen as
the initial unit of the general undertaking, for several
reasons: i. this material has a wider appeal than have most
other parts of Roman law, since it forms a rich and indispensable source for historians of the later Roman Empire, for sociologists, economists, and political scientists,
as well as for legal scholars; 2. the material in the Code
and Novels contains more difficulties and obscurities of
both text and interpretation than does any other part of
Roman law; 3. unlike the Corpus Juris Civilis, it has
never been translated into any language.
Our translation is based on the text of Mommsen for
the Code and Sirmondian Constitutions and on that of
Mommsen-Meyer for the Novels. Variations from their
texts are indicated in the notes. The text of Krueger for
the first eight books of the Code has been very helpful,
and the texts of Haenel and other editors have been studied on all doubtful points. The dates of the constitutions
have been checked with Seeck's Regesten, and the variant
dates have been indicated where scholars disagree.
The brilliant and learned commentary of Gothofredus
has been indispensable, and it has been of constant assistance in the elucidation of many obscurities. Only rarely
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have we ventured to differ with him in his interpretations.

The Breviarium Alaricianum of Max Conrat (Cohn)
has been very helpful in the translation of the medieval
Interpretations that became attached to the Code and
Novels.
In this work, our constant effort has been to make a
closely literal translation that will be clear and readable.
Paraphrases have been avoided, since they often present
an imperfect and distorted picture of the original, and
legal texts are not suitable material for flights of fancy.
Much of the Code was written in a Byzantine style that
was highly artificial and bombastic, and we have made
every effort to retain this stilted effect by adhering closely
to the original.
It has not been possible to extract satisfactory meanings from a great number of passages, as the notes indicate. In most of these passages the text is corrupt. It is
our hope that our suggested translations of these doubtful
passages may help point the way to more satisfactory
solutions.
In preparing the present volume for publication, the
following procedure was used for the Minutes of the
Senate and the Code:
Most of the translation was prepared by the general
editor, although various parts of the Code were assigned
for translation to other members of the editorial board at
Vanderbilt University and to graduate students who, generally under supervision, prepared rough drafts of translations. All translations were then revised by the editors,
who retranslated a great part of the text. This latter work,
which was rapidly done and therefore still tentative, was
issued in mimeographed form to the consulting editors
and to various other scholars for their criticisms and suggestions, which were all taken into account in the final
editing. On account of the lack of funds, it was not possible to follow this procedure and to mimeograph the commentary, glossary, and bibliography of the entire work, or
the translation of the Sirmondian Constitutions and the
Novels. Hence this material is entirely the work of the
general editor and the assistant editor, and it was not submitted for criticism either to the associate editor or to the
consulting editors. The index has been prepared by the
assistant editor.
The final editing of the work was undertaken solely by
the general editor, in order to insure the necessary uniformity of language, style and treatment. Consequently
the general editor must take ultimate responsibility for
the text as here presented, with reference both to the
wording of the translation and to the interpretation.
Of the consulting editors, special mention must be made
of those who read and criticized the whole of our translation of the Code: namely, Fred H. Blume, A. E. R.
Boak, Allan Johnson, Floyd S. Lear, Robert S. Rogers,
and Eva M. Sanford. Their criticisms have been extremely
helpful and have saved us from many pitfalls. In addition, considerable portions of the translation were read
and criticized by Adolf Berger, Ernst S. Levy, and Max
Vii
Preface
Radin. Russell M. Geer of Tulane University very kindly
read and criticized the seventh book of the Code.
We have received many suggestions from other scholars, notably from Frederick H. Cramer, C. E. van Sickle,
and Glanville Downey.
Special mention must be made of the translation and
commentary of the Code and Novels of Justinian, which
were prepared several years ago by Fred H. Blume.
Justice Blume very generously made all of his material
available to us and his work has been extremely helpful
and valuable. Justice Blume also assisted us with his draft
of the translation of Books XIV-XVI and part of Book
XI of the Theodosian Code.
Acknowledgment must be made to the graduate students
who assisted in the preparation of this work. These include Frances Burks, Elizabeth Craddock Casale, Mack
Craig, Hannah Abramson Greenfield, Pat Henry Ottarson, and F. Virginia Praytor. Dr. Casale prepared a translation and commentary of the sixteenth book of the Code
as her doctoral dissertation and thus made a substantial
contribution to the work. As undergraduate students in
Roman law, Grace Caldwell, Winifred Glankler, and Henrietta Uhl also took some part in the preparation of translations.
We gratefully acknowledge the various gifts that have
been made to this project:
In 1945 Mr. C. Dickerman Williams of the New York
Bar made a generous gift to enable the general editor and

the associate editor to secure partial relief from their
teaching duties at Vanderbilt University from January i,
1945, through June of 1946.
In 1946-1947 this project was further supported in part
by a generous grant to the general editor from funds that
were made available jointly by the Carnegie Foundation
for the Advancement of Teaching and Vanderbilt University, but the Carnegie Foundation assumes no responsibility for any statement that is made in this publication,
since this responsibility is undertaken by the general editor.
In addition to the grants that were made by Vanderbilt
University in 1943 for the payment of graduate assistants
and clerical helpers, the University made a special summer grant in 1944 to the associate editor for her work.
The University has also paid a large part of the clerical
expenses since 1943.
The American Council of Learned Societies has generously aided us with a subsidy, to cover a portion of the
cost of publication, and this help has made it possible for
the book to appear at this time.
We are especially indebted to the Princeton University
Press for its ready assumption of the heavy financial burdens
and risks that are involved in a work of this nature and
magnitude, and for its exceedingly generous cooperation in
all phases of publication.
Grateful acknowledgement must also be made of the exceptional work that has been done by the personnel of the
Princeton Press: by the printers, the proofreaders, the
typographer, Mr. P. J. Conkwright, and the editorial staff,
and especially by Miss Miriam Brokaw and Miss Gladys
Fornell, in their superb handling of the many difficult and
vexatious problems connected with the publication of this
book.
Special acknowledgment is due to A. F. Kuhlman, Director of the Joint University Libraries, who very generously provided office space for our work and who has
shown an extremely helpful interest in this project.
We wish to make especial acknowledgment to Henry
Holt and Company, Publishers, for their generous permission to use a map from Dow's Historical Atlas of European History, one of their publications.
Certain parts of the Minutes of the Roman Senate and
of Book I of the Theodosian Code which had been translated by Dr. Davidson were published by her in A Study
in Roman Administrative Law (copyright, 1944 by Theresa Sherrer Davidson), and wherever we have made use
of this material, it is done by permission.
CLYDE PHARR
Austin, Texas
June I, 1951
Viii
CONTENTS
................................. 0................................................
Preface .............
......................
vii
Introduction, by C. Dickerman Williams ........
xvii
Outline of Roman History, by Clyde Pharr ......
xxiii
List of Roman Emperors ....................
xxvi
M inutes of the Senate ........................
3
The Constitutionaries .........................
7
Map of the Later Roman Empire ...... at end of volume
7.
8.
9.
io.
i i.
12.
13.
14.
THE THEODOSIAN CODE

15.
BOOK I
Constitutions and edicts of the Emperors ....
Various kinds of rescripts ...............
3. Mandates of the Emperors ..............
4. The opinions of the Jurisconsults.........
5. The office of praetorian prefect ..........
6. The office of prefect of the City..........
7. The office of master of soldiers..........
8. The office of quaestor.................
9. The office of master of offices..............
lo. The office of count of the sacred imperial largesses.............................
The office of count of the privy purse ........
II.
12. The office of proconsul and legate ..........
13. The office of count of the Orient ..........
14. The office of augustal prefect..............
15. The office of vicar....................
16. The office of governor of a province.......
17. The office of comptroller of the accounts and of
the privy purse ......................
18. The office of prefect of the city guards.....
19. The office of tribune of amusements .......
20. The office of civil judges ................
21. The office of military judges............
22. The office of all judges ................
27. The judicial decisions of bishops cconts.nd.
28. The defenders of the Senate............
29. The defenders of the municipalities ........
30. The curators of the municipalities ..........
31. Petty administrative offices within the City ...
32. Procurators ..........................
33. The chiefs of office staffs ...............
34. Asessors, confidential advisers, and chancellors ...............................
oe
i
I.
2.
16.
II
12
17.
14
14
15
'7
18.
20
20
21
22.
21
23
23
24
25
25
27
30
30
30
30
30
30
31
32
32
34
34
34
35
35
BOOK II
i. Jurisdiction; the place where a person must be
sued ...................................
2. No person shall be judge in his own cause ....
3. Omission of impetration of action .........
4. Notification of suit and publication of rescripts
5.
37
39
40
40
The ownership of a thing in suit; the coparties
must be named by the person to whom notification has been given ...................
6. The statutory time limits and the renewal of
notification ..............................
42
42
19.
20.
21.
23.
24.
25.
26.
27.
Deferments ..........................
Holidays ............................
Pacts and compromises ..................
Pleadings ...............................
The errors of advocates ................
Cognitors and procurators ..............
Transfer of actions to powerful persons .....
Those persons who fraudulently employ the
names of powerful persons in litigation or who
affix titles to landed estates ..............
F raud ..................................
Restoration to the original condition ........
Those persons who impetrate the benefit of
legal age ................................
Court trials ..............................
Inofficious testaments .....................
Inofficious gifts ..........................
Inofficious dowries .......................
Claims for inheritances ...................
The vindication of property ................
Cases of the partition of a patrimony .......
The partition of common property .........
Cases of the regulation of boundaries ......
If a definite sum is sued for on the evidence of
a written instrument ...................
28. Prohibition of the sequestration of money ....

29.
30.
31.
32.
33.
If a definite thing is sued for with reference to

patronage ...............................
Pledges .................................
"W hatever by order .....................
Peculium ...............................
Interest ................................
43
44
45
46
47
47
48
49
49
50
51
52
53
54
55
55
55
56
56
57
58
59
59
6o
61
61
61
BOOK III
I. Contracts of purchase .................
2. The annulment of provisions for forfeiture. .
3. Fathers who have sold their children ........
4. Aedilician actions ........................
5. Betrothal and antenuptial gifts .............
6. If the governor of a province or persons connected with him should give betrothal gifts ...
7. M arriage ...............................
8. Subsequent marriages .....................
9. If a woman to whom her husband left a usufruct should subsequently marry ..........
Io. If marriage should be petitioned for in accordance with a rescript ...................
Ii. If a person endowed with any administrative
power should seek to marry a woman against
her will............................
12. Incestuous marriages ...................
* .
13. Dowries............................
14. Marriages with foreigners .................
15. Sureties of dowries .......................
16. Notices of divorce ........................
17. The creation of tutors and curators ..........
18. Those persons who shall petition ............
lx
63
65
65
65
65
69
70
7'
72
73
73
74
75
76
76
76
78
79
Contents
30. The administration and liability of tutors and
curators ............................
31. Exemption from tutelage ...............
32. The landed estates of minors shall not be alienated without a decree ..................
79
81
22.
"Whence by violence .
."
........
23. "Wherever of the two places

24.
Private and public buildings ..............
82
82
82
83
85
86
87
88
91
91
92
92
93
95
96
96
96
97
98
98
I. Official ranks ........................

2. Senatorial rank .......................
3. The landed estates of Senators ...........
4. Praetors and quaestors .................
5. The order of dignities shall be preserved ....
6. Consuls, prefects, masters of soldiers, and patricians .............................
9.
io.
I I.
12.
13.
14.
15.
16.
17.
18.
19.
Statutory inheritances ..................

The estates of decurions ................
The estates of clerics and monks ..........
The estates of soldiers .................
Postliminium........................
Freeborn men who were enslaved in the time of
the tyrant ...........................
Exposed children .....................
Those persons who purchase newborn children
and those who take such children to rear ......
(The heading of this title has been lost) ......
Patrimonial farms and woodland pastures; emphyteutic lands and their chief tenants ......
Farms of the privy purse and woodland pastures of the divine imperial household ......
Various urban and rustic estates; all the income
of municipalities.....................
All deserted lands; when sterile lands are
charged upon fertile lands ................
Farmers and slaves of the Emperor, of the fisc,
and of the privy purse .................
Fugitive coloni, inquilini, and slaves ........
Inquilini and coloni...................
A colonus shall not alienate his peculium or in-
masters of soldiers ...................

8. Grand chamberlains ...................
9. Quaestors, masters of offices, and counts of the
sacred imperial largesses and of the privy purse
10. The chief of office staff and the imperial secretaries ..................................
I I. Masters of the imperial bureaus ............
12. Counts of the imperial consistory .........
13. Counts and tribunes of the scholarians ......
14. Counts of military affairs ..............
15. Counts who serve as assessors to Illustrious
officials who are on active duty ..........
16. Counts and chief physicians of the sacred imperial palace .........................
17. Counts who govern provinces ............
I8. Counts retired from active service .........
19. Governors with the rank of consular and praeses
20.
Counts of the first order of the various arts ....
21.
The professors who as teachers in the City of

Constantinople have acquired the rank of count
in accordance with the law ...............
Honorary imperial letters patent ..........
Decurions and silentiaries ...............
The household guard and the imperial bodyguards .............................
The provosts of the imperial standards ......
The assistant masters, the counts of arrangements, and all others who serve in the sacred
imperial bureaus ......................
The secret service .....................
99
99
0I
22.
102
23.
24.
103
25.
26.
107
107
107
io8
27.
28. Chiefs of office staffs of the secret service ....

29.
109
109
Ilo
IIO
III
III
112
I13
I118
IS
120
121
127
127
7. Praetorian prefects, prefects of the City, and
BOOK V
I.
2.
3.
6.
7.
8.
117
117
BOOK VI
81
BOOK IV
I. Cretion and the possession of goods ........
2. "On what grounds children ...
3. The Carbonian edict .....................
4. Testaments and codicils ...................
5. Property involved in litigation .............
6. Natural children and their mothers ........
7. Manumission in the churches .............
8. Cases involving freedom ................
9. Those persons who have been manumitted by
non-owners ..........................
10. Freedmen and their children .............
I I. Prescription of long time ...............
12. On the Claudian decree of the Senate ........
13. Imposts and forfeitures ................
14. Actions shall be completed within a definite period of time.........................
15. Five year prescriptions .................
16. Judgments ..........................
17. Judicial decisions shall be read from a written
statement ...........................
18. The fruits of property in suit and the expenses
of litigation.........................
19. Interest on a judgment ................
20. Those persons who can cede their goods in accordance with the Julian law .............
21. "Of whatsoever goods ...
stitute a civil suit without the knowledge of his

master ....
..........................
20. Long established custom ................
30.
31.
32.
33.
34.
35.
36.
37.
38.
Confidential agents ....................

Palatines of the sacred imperial largesses and
of the privy purse .....................
Stablemasters ........................
Members of the office staff of the palace stewards ...................................
Palace guards ..........................
Quartering officers .......................
The privileges of those persons who have
served in the sacred imperial palace ........
The military peculium of all palatines .......
The Equestrian dignity .................
The dignity of Most Perfect ..............
128
128
128
129
130
130
130
130
131
'3'
131
13'
131
131
132
132
134
135
137
137
140
144
145
147
150
151
151
151
15'
154
154
154
BOOK VII
I15
"15
116
I.
2.
Military affairs .......................

What must be proved by persons coming into
any branch of the imperial service .........
X
155
158
Contents
3. Who shall be preferred in rank ...........
4. The issue of military subsistence allowances . .
5. The baking and transportation of food supplies ...................................
6. Military clothing .....................
7. Pasturage ..............................
8. Q uarters ...............................
9. Extras shall not be furnished to quartered persons ...............................
10.
No person shall lodge in an imperial palace ...
ii. Baths shall not be furnished to counts and

tribunes ................................
12. Leave of absence ........................
13. R ecruits
...............................
14. Border fortress soldiers ..................

15. Border lands ............................
16. Custody of seacoasts and highways .........
17. River patrol craft on the Danube ...........
18. Deserters and their harborers ..............
19. The Saturians and the Subafrensians and their
harborers ...............................
...............................
20. Veterans
21. Honorary tribunes and imperial bodyguards
in consequence of testimonial letters ........
22. Sons of military men, of apparitors, and of veterans ..................................
23. The offertory of horses ...................
24. The offertory of votive offerings .........
BOOK IX
158
150
164
164
165
165
168
169
169
169
i.
2.
3.
4.
5.
6.
7.
8.
170
173
174
174
175
175
9.
io.
ii.
12.
178
179
182
183
185
185
13.
14.
15.
16.
17.
18.
19.
20.
BOOK VIII
i. Civil accountants, military accountants, bureau
clerks, and secretaries .................
2. Registrars, tax accountants, and tax assessors
3. The privileges of apparitors of administrators
with the power of master ...............
4. Gubernatorial apparitors, chiefs and secretaries
of office staffs, and commissary officers ......
5. The public post, postwagons, and supplementary postwagons .........................
6. Post warrants for travel with subsistence;
lodging places ...........................
7. The various offices, their apparitors, and the
imperial certificates of approval ..........
8. Enforcement officers and tax collections .....
9. The emoluments of office staffs ..........
1o. Extortion by advocates and apparitors ......
ii. The announcers of occasions of public rejoicing shall not receive anything by levy or from
unwilling persons ........................
12. G ifts ..................................
13. Revocation of gifts ....................
14. Ungrateful children ...................
15. Sales and gifts to persons in administrative
positions and in public office ..............
16. Annulment of the penalties for celibacy and
childlessness .........................
17. Special rights that accrue to parents on account
of their children ......................
18. Property from mothers and from the maternal
side; the abrogation of cretion ...........
19. Property acquired through marriage by children who are under paternal power ........
21.
22.
186
188
23.
189
189
24.
25.
194
205
26.
27.
205
28.
209
29.
210
210
30.
31.
211
212
32.
215
33.
216
216
34.
35.
36.
217
218
37.
38.
39.
218
40.
41.
222
224
Accusations and inscriptions ..............
The production and transfer of accused per227
*.......................
sons .......
228
The custody of accused persons ............
If any person should utter maledictions against
230
the Emperor ........................
230
On the Julian law on high treason ..........
A slave shall not accuse his master, or a freedman or domestic his patron, except of the crime
230
of high treason .......................
231
On the Julian law on adultery ............
If any person should corrupt a girl whose tutor
233
he has been .............................
Women who have united themselves to their
233
ow n slaves .............................
On the Julian law on public and private vio234
lence ...............................
235
The custody of private prisons ............
235
The disciplinary correction of slaves ........
235
The disciplinary correction of near kinsmen . .
236
On the Cornelian law on cutthroats .........
237
Parricides ...........................
Magicians, astrologers, and all other like criminals ...................................
237
239
The violation of tombs ...................
240
On the Fabian law ....................
240
On the Cornelian law on forgery .........
A person defeated in a civil suit shall be able
242
to bring criminal action .................
242
Counterfeit money ....................
If any person should cut off the outer edge of a
solidus or should substitute an adulterated
solidus in a sale ...........
244
If any person should melt down money or
should transport money for the purpose of
trade or should handle forbidden money .....
244
The rape of virgins and widows ..........
244
The rape or marriage of holy maidens and
widow s ................................
246
On the Julian law on corrupt solicitation ....
246
On the Julian law on extortion by public officials ..............................
246
The crime of peculation ................
247
Harborers of brigands and of persons guilty
of other crimes .......................
248
Those persons to whom the use of horses is
conceded or denied ....................
248
Children shall not be given to herdsmen to be
reared .................................
249
.
.
damaged
be
249
not
shall
Nile
the
The levees of
Those persons who dare to assemble plebeians
in violation of public discipline ...........
249
249
Defamatory writings ...................
250
Judicial examination under torture ........
Criminal actions shall be terminated within a
year .................................
251
Annulm ents ............................
252
253
Pardons of crimes .......................
M alicious accusers .......................
255
255
Penalties ...............................
Certain judges shall not be allowed to confiscate
without the order of the Emperor .........
259
X1
Contents
The goods of proscribed and condemned persons ...................................
43. Persons who have served a sentence and have
been restored, and their children ..........
44. Those persons who flee for sanctuary to the
statues of the Emperors ........... .....
45. Those persons who flee for sanctuary to the
churches ..........
42.
259
264
264
264
BOOK X
i. Fiscal law ..........................
2. The sale of buildings that belong to the privy
purse and the reservation of gubernatorial residences .............................
3. The lease of farms that are subject to emphyteutic law and of those that belong to municipalities and temples ...................
4. Overseers, procurators, and chief tenants of
estates of the privy purse ...............
5. Which chief tenants of the estates of the privy
purse are not required to furnish sureties ....
6. The imperial herds ....................
7. The Caesarians .......................
8. Ownerless property ...................
9. Incorporations .......................
io. Petitions, property granted voluntarily, and informers .......................
....
i i. Those persons who inform against themselves
12. Petitions for vagrant slaves .............
13. Petitioners and those persons who abandon suit
14. If an associate in a petition should die without
an heir .............................
15. Advocates of the fisc ..................
16. Fiscal debtors .................
.......
auctions
State
17. The validity and legal effect of
18. Treasuretrove ...........................
19. Minerals, mines, and miners ...............
20. Collectors of purple dye fish, imperial weavers,
imperial minters, and packanimal drivers ....
21. All-purple and woven gold garments .......
22. Armorers ...........................
23. M arines ................................
24. Those persons who make contracts with an
imperial steward .....................
25. Privileges of the property of the imperial
household ...........................
26. Chief tenants and men of the estates of the
imperial household ....................
267
269
269
271
271
271
271
272
273
273
279
280
280
281
281
281
282
283
283
285
288
288
289
289
290
290
BOOK XI
i. Taxes in kind and tribute ...............
2.
Tribute must be paid in natural products ....
3. No farm can be purchased without the assumption of its tax assessment and its delinquent
taxes ..............................
4. No tax payments shall be made through tax accountants ...........................
5. Indictions ...........................
6. Superindictions .......................
7. Tax collections .......................
8. Superexactions .......................
9. The sale of pledges which are held for the payment of tribute .......................
291
296
297
297
298
298
299
302
302
lo. Services shall not be exacted of taxpayers ....

i i. No losses shall be inflicted upon the provincials
12. Grants of tax exemptions .................
13. If grants should be surreptitiously obtained . .
14. Stores in the State storehouses ...........
I5. State purchases ......................
16. Extraordinary and menial compulsory public
services .............................
17. Tax payments of horses ................
18. Those persons who shall be exempted from
the payment of recruits and of horses ......
19. Tax payments from patrimonial, emphyteutic,
and privy purse farms .................
20. Tax payments of landholdings that have been
granted by the Emperor or relieved of taxes..
21. Tax payments of bronze ..................
22. Transfer of tax payments shall not be requested ...................
23. The chief tax collectorship for recruit taxes . .
24. The patronage of villages ...............
25. The quadrimestral tax lists ..............
26. Tax investigators .....................
27. Sustenance which indigent parents should seek
from the State .......................
28. The remission of taxes .................
29. References of cases to the Emperor ........
30. Appeals and the penalties thereof; references
of cases to the Emperor ...................
31. Renewals of appeals .....................
32. Second lapses ........................
33. Delays by consent .......................
34. Those persons who have not appealed through
fear of the judge .....................
35. If death should intervene during the pendency
of an appeal .........................
36. Whose appeals shall not be accepted ........
37. If an appeal should be made from a grant of
temporary possession ..................
38. Possession shall be transferred from those persons who have twice appealed ............
39. The trustworthiness of witnesses and of instruments ...........................
303
303
304
304
305
305
305
3o
310
311
311
314
314
315
316
317
317
318
318
321
322
332
333
334
334
334
334
339
339
339
BOOK XII
i. D ecurions ..............................
2. The payment of salaries ..................
3. Landed estates and slaves of decurions shall
not be alienated without a decree ..........
4. The imposition of tax assessments on property
that is gainfully acquired ...............
5. In what manner compulsory municipal services
are assigned .........................
6. Tax receivers, provosts, and treasurers .....
7. Weighers; tax payments in gold ..........
8. The official escorts of public gold .........
9. Those payments that have been delivered from
the public as taxes shall not be illegally appropriated .............................
io. The apparitors of the prefects shall not fill the
office of tax collector, of confidential agent, or
of custodian of state storehouses ..........
ii. Curators of the debt account books and their
sureties ..........
Xi
342
371
371
372
372
372
377
378
378
378
379
Contents
Delegates and the decrees of instructions to
delegations .............................
13. Crown gold ............................
14. Magistrates of the peace ..................
BOOK XV
12.
15. Centurions
.............................
16. Supervisors ............................

17. Those persons who have obtained exemptions
on account of the number of their children or
on account of poverty ....................
18. If a decurion should desert his municipality
and pref er to live in the country ...........
19. Those persons who have deserted their own
legal status .............................
379
382
382
383
383
383
383
383
BOOK XIII
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
I I.
The lustral tax payment ..................

The valuation of silver that is paid into the
treasury ................................
Physicians and professors ................
The exemptions of artisans ................
Shipm asters ............................
The landed estates of shipmasters ..........
Ships shall not be exempted ...............
Nothing shall be placed upon a public cargo . .
Shipwrecks .............................
Taxation and tax assessment ..............
Tax assessors, tax equalizers and inspectors . .
385
423
430
5.
390
391
397
398
399
399
400
402
405
Spectacles
..............................
The Majuma ........................

Men and women of the stage ..............
Procurers ..............................
Expenditures on shows ...................
Chariot horses ..........................
The chase of wild beasts ..................
12. Gladiators ..............................
13. The use of seats .........................
14. The invalidation of those acts that were effected under the tyrants and the barbarians . .
15. Of what articles the use is forbidden ........
6.
7.
8.
9.
io.
ii.
387
387
BOOK XIV
i. The decuries of the City of Rome ..........
2. The privileges of guild members of the City of
Rome ................................
3. Breadmakers; packanimal drivers ..........
4. Swine collectors, cattle collectors, receivers of
wine, and all other members of guilds ......
5. Supervisors of the baths of the City; the transport of wood ............................
6. The limeburners of the Cities of Rome and
Constantinople ..........................
7. M embers of guilds .......................
8. Ragmen; transporters of wood ............
9. The pursuit of liberal studies in the Cities of
Rome and Constantinople .................
10. The garb which must be worn within the City
ii. The members of the imperial service who are
not allowed to come to the City .............
12. Vehicles of dignitaries ...................
13. Italian rights of the City of Constantinople . .
14. The Campus Martius of the City of Rome ...
15. The regular grain tribute for the City of Rome
16. The grain supply for the City of Constantinople ..................................
17. Municipal food rations and step bread ......
18. Ablebodied beggars ......................
19. The price of Ostian bread ................
20. The price of fish ........................
21. Tiber boatmen ..........................
22. Porters of the port of Rome ...............
23. Patrons of the State storehouses of the port . .
24. O il tables ..............................
25. The grain supply of Carthage ..............
26. The grain supply of Alexandria ...........
27. The primates of the plebeians of Alexandria .
Public works ........................

Aqueducts ............................
3. The construction and repair of roads .......
4. The imperial images .....................
i.
2.
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
The Catholic faith .......................

Bishops, churches, and clerics ............Monks .............................
Those persons who contend about religion
H eretics ...............................
Holy baptism shall not be repeated .........
Apostates ...............................
Jews, Caelicolists, and Samaritans .........
No Jew shall have a Christian slave ........
Pagans, sacrifices, and temples ............
R eligion ................................
THE SIRMONDIAN CONSTITUTIONS
4o6
i. The confirmation of episcopal decisions even
409
2.
412
414
415
415
416
416
416
416
3.
4.
5.
6.
417
418
420
420
420
420
421
7.
8.
421
421
421
421
422
432
432
433
433
435
435
436
436
436
437
437
439
BOOK XVI
405
412
413
413
431
9.
among minors; the unsupported testimony of

a bishop shall be given full credit ...........
Bishops who have been condemned by the
judgment of other bishops must be banished
and must remain one hundred miles from the
municipalities in which they were ..........
In ecclesiastical cases, it shall not be permitted
to hale clerics before a public court .........
Slaves must not be circumcised by Jews, and
Jews who have become Christians must not be
disturbed ...............................
Foundlings shall be the property of those persons who acquired them, or double the price
and the expenses must be repaid ...........
Clerics shall not be permitted to litigate in a
secular court; heretics must be cast out of the
municipalities; Christians must not be slaves
of Jews; Jews must neither plead cases nor be
members of the imperial service ...........
With the exception of the five crimes customarily excepted, persons accused of all other
crimes shall be freed from the custody of
prison on account of the celebration of Easter
With the exception of the five capital crimes,
all accused persons whom the celebration of
Easter finds in prison shall be released, in accordance with the joy and veneration of so
great a festivity .........................
The municipal council shall vindicate for itself
Xiii
440
440
449
449
450
463
465
467
471
472
476
477
477
478
479
479
479
480
480
Contents
10.
i i.
12.
13.
14.
15.
16.
clerics who have been condemned by the bishops and segregated from the Church ........
Clerics shall not live with extraneous women;
the ravishers of holy maidens shall be punished
with exile by deportation .................
From what burdens the churches shall be held
exem pt .................................
Against heretics and pagans: the buildings and
temples of both shall be vindicated to public
use ....................................
Persons who flee for sanctuary to the churches
shall be safe within fifty paces outside the
doors. Unrestricted entrance shall be available
to a bishop who is visiting prisons ..........
The bishops who have been harassed in Africa:
hereafter those persons shall be punished with
a capital sentence who commit outrage against
the churches or the bishops and ministers ....
Those persons who cannot prove criminal
charges which they have lodged against the
clergy shall undergo the brand of infamy ....
The law which orders that persons redeemed
from captivity shall either restore the price or,
if they are paupers, shall serve their purchasers
f or five years ...........................
481
23.
481
24.
482
25.
26.
482
The confirmation of the Novels of the Sainted

Theodosius Augustus ....................
3. Jews, Samaritans, heretics, and pagans ......
4. Soldiers of the dukes and those of the border
militia shall not be produced before the imperial court .............................
i.
2.
3.
484
485
4.
5.
487
6.
7.
8.
9.
io.
488
488
ii.
486
2.
5.
12.
490
Patrimonial estates of the imperial domain and
border farms situated throughout the Orient

6. The goods of armorers ...................
7. The abolition of the prescription of forum for
members of the imperial service ............
8. Ships beyond the capacity of two thousand
measures must not be exempted ............
9. A decurion shall not lease the landed estate of
another person nor shall he be the guarantor
of a lessee ..........................
io. Pleadings and the perpetuation of advocacy. .
ii. Tutors ............................
12. Notices of divorce .......................
13. Supplications to the Emperor against the unjust sentences of praetorian prefects must be
made within two years after their succession in
office ...................................
14. Paternal and maternal goods ..............
15. A decurion shall not aspire to the rank of
Senator or to any high honor ..............
16. Testam ents .............................
17. Petitions for ownerless property ...........
18. Procurers ..............................
19. The rescission of sales of the farms of the
imperial domain .........................
20. Alluvial lands and swamps ................
21. Scholarians, counts of scholarians, and their
confidential advisers ......................
22. The goods of decurions, and their natural sons
506
510
511
512
513
NOVELS OF VALENTINIAN III

483
NOVELS OF THEODOSIUS II
i. The validation of the Theodosian Code ......
who must be sent into the municipal councils

and written as their heirs .................
If parcels of land belonging to a municipality
are possessed in any manner, they must be restored to the municipality .................
Corrupt solicitation; parcels of land on the border must be there restored .................
Q uarters ...............................
Landholdings that have been relieved of taxes,
that have had their taxes commuted into money, or that have been conferred as grants ....
13.
491
492
14.
493
15.
495
495
496
497
498
16.
17.
18.
19.
20.
21.
498
498
500
501
502
22.
23.
24.
25.
26.
504
504
27.
505
28.
505
29.
30.
The remission of delinquent taxes .........

Pleadings ...............................
Successions to decurions who have passed to
the clergy ...............................
A rescript elicited to the public damage shall
not be valid; special grants of imperial favor
shall not be preferred to general laws .......
Greek tradesmen shall be recalled to the City
of Rome; what persons shall be exempted from
furnishing recruits .......................
Recruits; the harborers of deserters ........
Palatines ...............................
Persons guilty of forcible entry and seizure..
Restoration of the right to use weapons .....
Neither the divine imperial household nor the
Church nor any person shall be exempted from
any compulsory service whatsoever .........
Dignitaries; what persons shall be preferred
in rank .................................
Money entrusted to the Africans; their guarantors .................................
Fiscal tribute; the sacred imperial audience
hall; various matters .....................
Income that has been expended between husband and wife shall not be reckoned to the account of their children and heirs ...........
The tax collection of siliquae ..............
The price of a solidus; no person shall refuse
a perfect solidus ........................
The ordination of bishops .................
The M anichaeans .......................
Homicides, whether committed by accident or
not ...................................
Guild members of the City of Rome who have
passed to the imperial service or to the clergy
shall be recalled .........................
Testaments .............................
The office staffs and the accountants of the
praetorian prefects ......................
Violators of tombs ......................
Tradesmen .............................
Freedmen and their succession ............
The confirmation of the laws of the sainted
Theodosius Augustus that were issued after the
Theodosian Code ........................
The prescription of thirty years must be interposed in all cases .......................
The chiefs of office staff of the secret service
Shipmasters on the river ..................
Torchbearers ............................
X1v
515
517
518
519
519
520
521
522
524
524
525
526
526
528
529
530
530
531
531
532
532
534
535
536
536
538
538
539
540
540
Contents
31. Vagrant coloni and immigrants ..........
32. Confirmation of the title to property that has
been sold or given to administrators or persons
holding public office; advocates; other matters
33. Parents who have sold their children; freeborn
persons shall not be sold to barbarians or led to
transmarine regions ...................
34. Farms of the breadmaking establishments shall
be assigned to the Africans ..............
35. Episcopal courts; various other matters .....
36. Swine collectors, cattle collectors, and sheep
and goat collectors ....................
540
561
561
NOVELS OF MARCIAN
No person shall be produced at the imperial
court from a province except on the report of
the judge from whom he has appealed ......
...
The remission of delinquent taxes
..
municipalities
the
The landed estates of all
Marriage of Senators ..................
Testaments in favor of clerics ............
562
563
564
565
566
NOVELS OF SEVERUS
i. The abrogation of the unjust chapters of the
law of the sainted Majorian Augustus ......
2. Guildsmen ..........................
568
568
542
I.
544
544
545
549
551
551
553
553
554
554
557
560
560
56o
Episcopal courts; no person shall be ordained
a cleric against his will; various matters .....

Charioteers and seditious persons ..........
12.
NOVELS OF MAJORIAN
i. The beginning of the reign of Our Lord Majorian Augustus ......................
2. The remission of delinquent taxes .........
3. The defenders of the municipalities ........
4. Public buildings .........................
5. Caducous goods and the goods of proscribed
persons ................
6. Holy maidens, widows, and their succession . .
7. Decurions, their children, and the sale of their
landed estates; other matters ............
8. The restoration of the right to use weapons . .
9. Adultery ...........................
10. Neither a Senator of the City of Rome nor
the Church shall be compelled to deliver to the
fisc anything that has been left to them in a
testament by certain persons; urban peoples . .
I1.
2.
3.
4.
5.
NOVELS OF ANTHEMIUS
i. Women who have united themselves to their
own slaves or freedmen; natural children ....
Confirmation of the law of Our Lord Leo

Augustus ...............................
3. Ownerless property ......................
Glossary ...................................
Abbreviations ...............................
Bibliography ................................
Index ......................................
570
2.
571
571
573
6oo
6oi
605
A map of the later Roman Empire will be found at the

end of the volume
Xv
INTRODUCTION
BY C. DICKERMAN WILLIAMS
........................................................
is a compilation of the laws, or

decrees, of Rome issued by the Emperors from 313, when
Constantine consolidated his power in the Western Empire,
until 438, in the reign of Theodosius II. The Novels, or
New Constitutions, contain a few laws decreed in the
Eastern Empire and the bulk of the legislation of the Western Empire from 438 until 468, only eight years before its
official collapse. This period of history, rather neglected in
the past, has become of special importance for students of
history, sociology, economics, and political science, as well
as for legal scholars. Through the industry of Professor
Pharr and his associates, the Code and the Novels are now
available for the first time in English translation.
The atmosphere of the Code was reflected in the ceremonies of its promulgation. Fortunately they can be accurately described. Of the many sessions of the Senate of
ancient Rome, sessions extending over a period of centuries, the stenographic minutes of only one survive. This
session was held on December 25, 438, at "The Palm,"
home of Glabrio Faustus, Praetorian Prefect, who presided and announced the Code.' Prefect Faustus began
by reminding the gathering that "the Most Sacred Prince,
Our Lord Theodosius," had decreed that "the laws to
be observed throughout the world should be arranged
in a compendium of sixteen books." The codification had
been completed, the Prefect announced. He suggested that
the decree directing the compilation of the Code be read
to the assembly "in order that we may obey with proper
devotion the most carefully considered precepts of the Immortal Emperors." There was no debate or dissent. The
Senators shouted, "It is right! So be it!"
The Prefect then read to them in full the decree issued
by Theodosius at Constantinople on March 26, 429, nine
years before. The decree appointed a commission of nine
learned men to collect the imperial -edicts "issued by the
celebrated Constantine and the Sainted Emperors after
him and by Ourselves." The collection was to contain all
the edicts, not omitting those which had been modified or
superseded by later enactments.
If the minutes are to be believed, the Senators were
highly gratified. They responded with no less than fortythree acclamations, each one of which was repeated eight
to twenty-eight times. Among the acclamations were: "As
Roman Emperors, Pious and Felicitous, may you rule for
many years!" "Having pacified the world You triumph as
though Gods here on earth." What was nearest the hearts
of the Senators is suggested by the character of the acclamations most frequently repeated: "Suppressors of informers"' and "Source of honors, source of patrimonies,
source of all things."
THE THEODOSIAN CODE
I A translation of the complete minutes of this session appears in

this volume under the heading, Minutes of the Senate.
2 Throughout the monarchy the Senators had a hearty dislike for
informers. See the notes in the Minutes of the Senate to the passage
quoted above. Another illustration is a paragraph in the resolution
............
m..S....
..........
0................
Prefect Faustus then resumed. He announced on behalf

of the "Immortal Princes" that they had adopted the laws
of the Code as their own, and told of the arrangements for
keeping copies of the Code available. After responding to
this news with a few more acclamations the Senate ad-
journed.
In the record of these proceedings there is no hint of
alarm. Those present were apparently acting with con-
fidence that the Code would be in force throughout all

coming ages. But man proposes, God disposes.
The promulgation of the Code was soon followed by
the fall of the Empire of the West. By 476 the rule of
Rome officially collapsed in the countries bordering the
Western Mediterranean and the Atlantic, that great area
including North Africa, Italy, Spain, Portugal, France,
England. Unified government ceased. Countless barbarian
chiefs ruled in territories great and small throughout
Western Europe. Classic civilization was at an end.
We live today in a world of increasing consolidation in
every land. The internal jurisdiction of the state is extending. The nations are combining. A world organization is
slowly forming. Even in countries like the United States,
in which governmental controls are at a relative minimum,
the people are more and more dependent on organizations,
which are themselves becoming larger. The influence of
the state in the affairs of both individuals and organizations
is becoming greater. Legislatures are losing, individual rulers gaining, power. The tendency to centralization seems
irresistible.
The Theodosian Code and Novels concern a period in
history much like ours in many of its problems. But in that
day it was no longer possible to attempt to solve problems
by greater centralization and officialdom. At the time of
the earliest edict included in the Code the centralization of
society could go no further because it was already complete. An area which was for its inhabitants the entire
world had been welded into a single organization. Social,
economic and religious activities were administered or
rigidly controlled by the state. The authority of the Emperor was unchallenged. The edicts compiled in the Theodosian Code and Novels represent the often desperate efforts to make the system work. But during these years it
was the tendency to disintegration that was irresistible.
The enactments designed to keep the organization together
failed. Within only a few years after the last of the edicts
the Empire had been shattered into a thousand fragments.
that was adopted by the Senate the morning after the death of Commodus and addressed to his immediate successor, Pertinax: "Now
at last we are secure; let informers tremble! That we may be
secure, let informers tremble! That we may be safe, cast informers
out of the Senate; the club for informers! While you are safe, to
the lions with informers! While you are ruler, the club for informers !" Scriptores Historiae Augustae, Commodus Antoninus, 18,
15-16, Lampridius (Magie's translation).
Xvii
Introduction
Thus that era, unlike ours, was one of disintegration, albeit a disintegration that was most involuntary.
Unfortunately few historians have given close attention
to this last phase. The years of Roman history from 50 B.C.
to 70 A.D. have aroused the greatest interest. But even
authors of what purport to be complete histories of Rome
too frequently stop their detailed presentation with Constantine. What followed is ignored or relegated to summary treatment in such serious treatises as Rostovtzeff's
Social and Economic History of the Roman Empire and
Tenney Frank's Economic Survey of Ancient Rome, as
well as in more popular works such as Durant's Caesar
and Christ.
The student of history naturally turns toward those
eras which throw the most light upon the issues of his own.
No longer is the prevailing question the worth of a few
mild limitations on laissez faire. The issues of today relate
to the centralized state, the world state. By his translation
of the Theodosian Code and Novels Professor Pharr has
made readily available to the modern world a vast storehouse of material on these subjects.
The failure of the Roman Empire does not of course
demonstrate that such a society is necessarily vulnerable;
rather, that it does not necessarily guarantee the happiness
of its citizens or its own survival. It is to be hoped and
anticipated that the publication of this book will make possible a more accurate appraisal of the value of such a
society, and, if such a society is to be adopted, the pitfalls
which its rulers should avoid.
Quite apart from lessons for our future, the Theodosian
Code and Novels provide a fascinating picture of the life
of their times, of their manners and customs, of popular
frailties, and of the administration of justice. The Code is
a primary source of reference material in law, jurisprudence, politics, economics, sociology and both secular and
ecclesiastical history.
The following brief review of the evolution of Rome
into the Empire of 313 to 468, the years of the Code and
the Novels, and of the chief issues of those years, is intended by no means as a synopsis or interpretation. By
illustrating the subjects of the Code, it is hoped to arouse
curiosity, not to satisfy it.
The Empire of the Theodosian Code and Novels was
the climax of a civilization. The consolidation of society
into a centralized state had been a slow process. The young
Republic of five hundred years before Christ consisted
mostly of self-sufficing farmers living in the vicinity of
Rome, and in its early growth, to 272 B.C., it absorbed
many similar states throughout peninsular Italy. By the
beginning of the second century B.C., the Republic had expanded into- the dominant power of the Mediterranean
basin. Meanwhile many of the farmers of Italy had been
drawn into the armies and many of the farms destroyed
in the Hannibalic Wars. The independent farmers who
remained found it difficult to compete with cheap grain
imported from fertile conquered Sicily. Agriculture began
to come into the hands of large proprietors, the system of
great landed estates, latifundia, later so bitterly denounced
by Pliny. But the inhabitants of the cities, especially of
Rome, prospered: the rich through exploitation of the conquests and the masses because of the decline in the price
of food. Yet the rich fought among themselves. A few
years before the birth of Christ Julius Caesar gained control of the armies and, through a more generous distribu-
tion of grain, won the favor of the masses. He captured

the power of the state and changed the Senate from a legislative into a consultative body. State administration was
reformed: in Rome the rich were sharply curbed; the life
of the poor was ameliorated through liberal subsidies and
doles. The unemployed were kept fairly busy on public
works. These policies led Professor Mommsen, nineteen
hundred years later, to entitle his chapter on Julius Caesar
"The Democratic Monarch." Caesar's generosity was perhaps less appreciated in the provinces which provided the
supplies for the Roman populace, but even in the provinces
there was gratitude for the reasonably honest and efficient
conduct which Caesar required of Roman governors. Octavius, or Augustus Caesar, continued the policies of his
uncle and made this significant innovation: when Egypt
was annexed after the battle of Actium in 31 B.C. Augustus
did not subject the country to standard Roman administration but appropriated it entirely as his personal property.
His purpose was to insure that supply of cheap grain for
the Roman masses upon which his popularity and security
depended. A new source was necessary because soil exhaustion and depopulation had been reducing the product
of Sicily. The Sicilians had been migrating to Rome because they found it more pleasant to receive free grain
than to provide it.
The "Imperial Peace" which followed Actium and lasted
until the assassination of Commodus in 192 A.D. was in
any view a remarkable epoch.3 Indeed, it constitutes the
Empire's chief justification. Although Gibbon overstates
the case in the famous passage with which he begins the
Decline and Fall, certainly any government under which
the civilized portion of the white race could live in peace
for over two hundred years deserves praise.
Yet Roman vigor lessened during the Imperial Peace.
Commerce flourished. The latifundia increased. And when,
as happened now and then, a proprietor offended the Emperor, his lands were confiscated and added to the Emperor's personal estate. Food, materials and men poured
into Rome. Again and again the Emperors raised the
amount of the dole to the populace. The public works became more extensive and grandiose. Yet supply, as time
went on, was not as easy as in the days of Augustus.
"Scientific agriculture" came into vogue. A treatise on this
subject by one Mago became popular. This book had been
adopted in full by the Senate, thus receiving perhaps the
greatest compliment ever paid by a legislative body to a
scientific work. Literature withered in an atmosphere which
forbade 1'se majestd. The hero of the day was the gladiator.
Morals were shameless. Escorted by troops, the Empress
Faustina, daughter of one Emperor, wife of another, and
mother of a third,4 spent her evenings at the docks in search
of lovers.
In the night of December 31, 192, the hands of Narcissus, his wrestler, closed about the throat of the Emperor
Commodus. The Imperial Peace, the longest man has ever
known, was over. The office of Emperor was a prize
worth fighting for. Whenever there was no legitimate suc3 During the Imperial Peace there were desultory skirmishes on
the Parthian frontier and occasional expeditions along the Danube
and the Rhine. These had no more affected the Romans than, say,
the Burmese expeditions of the i88o's influenced the domestic affairs
of the British. But Trajan's conquest of Dacia proved a financial
strain; it might be compared to the Boer War.
4 Antoninus Pius, Marcus Aurelius and Commodus, respectively.
Xviii
Introduction
cessor to the various strong men who seized the throne, or
whenever the legitimate successor was unable to command
the loyalty of the guards and armies, ambitious men fought.
The pattern began with the death of Commodus and left
its mark on the economic structure of the Empire.
In the bitter civil war that ended with the victory of
Septimius Severus in 197, so many large proprietors had
been on the wrong side that the ensuing confiscations were
enormous. A major portion of the land of the Empire thus
came to belong to the personal estate of the Emperor. So
huge was this area that for its administration Septimius
Severus established a separate government department,
the res privata. The characteristics of the second century
persisted into the third, but with diminished force because
of exhaustion and the terrible civil wars. Commerce was
less active, the gladiatorial circuses less magnificent, the
dole less regularly delivered, the public works less pretentious. On the other hand educational institutions expanded at all levels, from the village schools to the provincial and metropolitan universities. Perhaps never until
recent times was education so general, so universal as in
the Roman Empire of the third century.5 Christianity, too,
made progress in the third century. When the chief of state
is divine, his failures encourage other religious beliefs.
And the failures of the Roman state were many: its
paternalism did not answer even material needs.
With the close of the third century we approach the era
during which the edicts compiled in the Code and Novels
were issued. The following pages of this Introduction
briefly describe the society and the major problems of that
period, partly as shown by the Code and Novels, and
partly by other historical sources.
Although Constantine is the first Emperor whose edicts
are in the Code, it was his predecessor Diocletian who took
the initial steps in the formation of the Roman world of
the fourth century and of the fifth, until the fall of the
Western Empire. Diocletian, the son of a Dalmatian slave,
achieved the throne in 284 and full control in 285. He abdicated in 305, and was succeeded by Constantius and
Galerius. Constantius soon died and after a series of intermittent wars with associate rulers his son Constantine became sole ruler in 324 and continued until 337.
Diocletian and Constantine reorganized the state apparatus to cope with the difficulties which beset the government at every hand. In so doing, they did not act in the
abstract; rather, they "elaborated finally" a "system of
bureaucratic despotism"" that had been three centuries or
more in the course of development. Ships, mines, quarries,
munition factories, textile mills, building, glass and iron
works were either owned by the state or organized into
associations controlled by the state. The agricultural land
of the Empire was either directly operated through the
res privata or strictly regulated.
An enormous hierarchy of officials administered public
5 "The
third century represents the climax in the spread of pri-
mary education all over the Empire . . . it is in the third century,

in the time of Alexander Severus, that we first hear of village elementary schoolmasters as a class. In the third book of his Opiniones
Ulpian speaks of these schoolmasters and emphasizes the fact that
they were to be found both in the cities and in the villages." Rostovtzeff, Social and Economic History of the Roman Empire, p. 375.
See also Hume's essay "Of National Character";Toynbee, A Study

of History, vol. iv. pp. 194 ff6 Dill, Roman Society in the Last Century of the Western Empire, p. 234.
affairs. At their head was the Emperor. He now lived in

the most stately magnificence and was surrounded by a
court of personal officers; Diocletian was the first to wear
a diadem. The entire population was organized as in one
vast army. All, including the highest officials, were strictly
classified, and even the least had a station. In substance
this meant that everyone did what he was told, and did not
act without permission. Such at least was the theory, and
there was an exceedingly numerous secret police, the
agentes in rebus,7 to report disobedience. In addition there
was a special "super" secret police, the curiosi, appointed
to watch the agentes in rebus and other government departments whose work was regarded as of particular importance, such as the public post." Nevertheless, the evidence is ample that the Emperors found enforcement of
their decrees exceedingly difficult. 9
The world of the Theodosian Code and Novels had become very different from that of Augustus not only in
social composition but in physical and economic operation.
Diocletian and his successors did not represent merely a
new theory of political science; they were compelled to
deal with problems of which Augustus had never heard.
In the time of Augustus the notable feature of the economy was abundance, if not surplus. Then and long thereafter food seemed to flow effortlessly into Rome; there
were so many unemployed that public works were built
largely to keep them out of mischief. The Emperor concerned himself with arranging those things of which he
had so many.
The reverse was true during the period of the Theodosian Code and Novels. Now the Empire's problem was
shortages: shortages of grain, of materials, and of men.' 0
"Of all departments of administration, probably none
caused the Emperor greater anxiety than that concerned
with the food supplies of the capital."" A regime which
relies for its political support upon a dole-fed metropolitan
proletariat cannot conserve resources. "The procurators of
the imperial estates were under constant pressure to bring
in immediate returns. There was no incentive to rotate
crops, to fertilize the soil, to improve the land for the
future."12 Throughout the Mediterranean basin agriculture had been operated to supply the distant mistress of
the world. The rewards of the consumer had been too attractive; those for the producer, not enough. Lands, especially in Italy, had gone out of cultivation. Areas in Africa
from which Rome had drawn grain and meat for centuries
were becoming desert. Spain and other countries had been
deforested to provide fuel for the public baths of Rome.
"The decline of the Roman Empire is a story of deforestation, soil exhaustion and erosion. . . . From Spain to
Palestine there are no forests left in the Mediterranean
littoral, the region is pronouncedly arid instead of having
the mild, humid character of forest-clad land, and most of
76, 27-28. The numbers in this note and the notes following refer
to the books, titles, and constitutions of the translation of the Theodosian Code as found in this volume. Much additional material on
all these subjects may be found in the Code and Novels as listed in
the Index.
86, 29.
96, 29,
6-8.
5, 6, 3; 1o, I, 7; 9, 17; NV 15, I; 5, I, and notes to these

passages.
11 Dill, of. cit. p. 193.
12 Frank, Economic Survey of Ancient Rome, vol. 5, P. 301.
1
XiX
Introduction
its former bounteously rich topsoil is lying at the bottom
of the sea.""
Today it is fashionable in some quarters to scoff at occasional warnings of the exhaustion of natural resources.
Such levity would have found no echo at the courts of the
later Emperors.
Theodosius II plaintively asked: "Why has the springtime resigned its wonted charm, why does the summer
with its scanty harvests mock the hopes of the toiling husbandman, why have the rigours of winter condemned the
fruitful soil to barrenness ?" Theodosius II did not, however, give soil exhaustion resulting from the inordinate
requirements of the gigantic officialdom and the urban
masses as the answer to these rhetorical questions. An
ardent churchman, he concluded that it was the vengeance
of nature for the continued impiety of the pagans, and
urged greater devotion to Christianity.14
The Emperors tried remedies more pragmatic than religious exhortations. Farm work was "frozen." In the
early fourth century the agricultural producer was bound
to the land, forbidden to leave for the more leisurely and
amusing life of the Roman proletarian. The decree which
first imposed this restraint is not available. Apparently it
was issued by Diocletian, and the principle is referred to
in an edict of Constantine in 332.' Thus was established
in Western Europe the institution of rural serfdom, destined to last far longer than the government which originated it.
The shortage of food was reflected not only in labor
policy, but also in taxation. In the later Empire no subject
was more alive. Wallon sarcastically noted that Rome, "in
the early times of the Republic, was chiefly preoccupied
with having a numerous and strong population of freemen.
Under the Empire she had but one anxiety-taxes."2'
Wallon's remark is in fact applicable only to the later Empire. In the first years of the monarchy the Emperor's
proprietary revenues paid a substantial part of the costs
of the state and taxes were relatively light..The state administration of the later period, estimated to include as
many employees as those engaged in productive work, was
enormously expensive. The production and distribution of
supplies had become more difficult. New revenues were
required. After vainly trying currency depreciation and
price control, the Emperors in despair resorted to forced
levies,17 requisitions, 8 and especially taxes payable in
kind,' 9 of which the most notorious was the annona.
The adoption both of taxes payable in kind and rural
serfdom as remedies for the food shortage has been attributed to the vast extent of state ownership of land. According to Frank: "Again it was probably in his [Diocletian's] regime and because of the extent of the imperial
13
White and Jacks, Vanishing Lands, p. 8.
14 NTh 3, I, 8. But the pagans blamed the official support given
to Christianity for the poor performance of the soil. The pagan

statue (an idol in the eyes of the Christians!) and altar of Victory
had been removed by the Emperor Gratian from the Senate House
to propitiate the Christians. A delegation of pagan Senators urged
his successor Theodosius I to restore them to the Senate House.
Symmachus, spokesman of the pagans, said among other things:

"Years of famine have been the punishment of sacrilege." Dill, op.
Cit. p. 26.
5, 17, L
16 Histoire de l'Esclavage, vol. iii, p. 268.
15
177,
23-24; II,
18
7, 8.
19
II,
20.
1-2.
estates that the tenantry was ordered to remain for life as

renters, that is, to accept adscription to the soil and become
serfs.. .. The demand was for more and more wheat with
which to feed the armies, the state hirelings and the officials. Indeed, it is likely that Diocletian's determination to
place the taxing system on a basis of goods was due not so
much to a lack of circulating money as to the fact that this
Emperor owned vast properties which produced the goods
that his legions and his hordes of state laborers needed." 20
But imperial decrees, enforced with all the vigor the
Emperors could command, did not produce grain. "The tremendous agrarian crisis through which the Empire was
passing was not to be weathered by mere compulsion and
discipline."21
Despite, or because of, "compulsion and discipline" more
and more land was abandoned. The Emperors tried other
expedients. The land tax was often remitted over wide
areas, especially in Italy and Africa. 2 2 A new set of officials, the peraequatores,was created and charged with the
administration of such remissions and with the supervision
of waste lands. 2 3
The plight of the industrial workers and, indeed, of all the
laboring classes finally became most unhappy. Owing apparently to a decrease in births and to flight to outlawry, there
was a marked scarcity of all labor,2 4 of industrial workers,
both skilled and unskilled, as well as of farm labor. In a
free market this situation would presumably have produced
high wages. But in the later Roman Empire all labor was
placed under government direction by a general extension
of the principle of serfdom. In the time of the Roman
Republic the various groups of laborers and small merchants organized themselves into collegia, or guilds, as
they are sometimes called, a form of labor union. In the
time of the Theodosian Code and Novels these collegia
were conscripted by the government for whatever work
seemed most necessary.2 5 The free collegia of the Republic
thus eventually became a means for the control of labor,
and it was severely exercised. Labor was conscripted from
such widely varying groups as gladiators, chorus girls,
highway laborers, limeburners, builders and repairers of
city walls and aqueducts, charcoal burners, teamsters,
miners, divers, woodcutters, millers, bakers, butchers,
sailors, office clerks, and many others specifically mentioned in the Code and Novels. 2 5 Such laborers obtained
a bare subsistence. They were not permitted to choose
another form of work. Workers in the imperial weaving
establishments and the munitions factories were branded. 2 6
The state endeavored to track down deserters and drag
them back to their tasks.2 7 Laborers were permanently
bound to their duties and occupations were made heredi20
Frank, oP. cit. pp. 3ol and 303.
Vinogradoff, "The Christian Roman Empire, Social and Economic Conditions in the Fourth Century," Cambridge Medieval
History, vol. I, p. 559.
22 II, 28; NV i, i; NMaj 2, I; NMarc 2, I.
21
23
13,
H.
13; 7, 18; 9, 17; 10, 19, 5-7; 10, 19, 15; 1o, 2o, 6-9 and notes.
25 12, 19, I;
14, 7, I; NMaj 7, 1, 3; 15, 2, 3; 15, 7; 15, 3, 1-6; 6,
23, 3-4; II, 16, 15; II, 16, 18; ii, 17, 4; 15, 1, 34; 15, 1, 49; 15, 1,23;
247,
14, 3, 9-1o; 10, 19, 5-7; 10, 19, 15; 9, 45, 3; 1o, 20, 14-17; II, 16, 15;
iI, 16, 18; 9, 40, 5; 14, 3, 8ff; 14, 4, 1-10; 13, 5-6; 8, 4; 14, I.
26 10, 22,
4.
27 12, 19; 13, 5, II; 13, 5, 35; 14, 3, 6; 14, 3, 8; 14, 4, i; 14, 4, 8;
14, 7, 1-2.
XX
Introduction
28
tary. Even the professions, such as law and medicine,

were subjected to detailed state control.29
The government also developed a system of compulsory
public services, called munera,3 0 imposed on all, with a
few favored exceptions. Owners of houses were required
to furnish free quarters for traveling soldiers and government employees, who were euphemistically called
hospites, guests.3 1 Men of means-in so far as there 'continued to be such people-were compelled to provide free
games and theatrical performances for the residents of
cities.2
Excess of regulation affected even the collectors of taxes.
The position and duties of the principal class of local taxcollectors, the curiales, is dealt with by 192 enactments in
the Code. 3 Originally the curiales had been municipal
officials, chosen by their fellow-citizens. "The centralization of government and the multiplication of imperial functionaries had extinguished the free civic life, which was
in an earlier period the greatest glory of Roman administration."34 The curiales were charged with the responsibility for local government, and most important, the collection of taxes. When any taxpayers defaulted-an increasingly common occurrence-the curiales were compelled to supply the deficit from their own resources."
The life of the curiales became so circumscribed, so regulated,"6 that despite the maintenance of the fiction that the
office was highly honorable, men risked their lives to flee
its responsibilities. 7
Government employees of the lower grades and people
generally, as well as curiales, deserted their regimented
status increasingly. These desertions were severely punished, but not stopped. 8 Indeed, desertion became one of
the most serious problems of the government. Men turned
to brigandage. Bands of outlaws-resembling what are now
called "partisans"-terrorized country districts." In many
instances harassed citizens joined the barbarians.
The need for soldiers was so acute that the Emperors
did not hesitate to employ extreme measures. Recruits were
branded on entering military service.o Those who evaded
service by self-mutilation were condemned to the mines,
and even to death." Death at the stake was the penalty for
the concealment of deserters. 42 At last slaves were called
to arms,4 3 for the first time since Hannibal marched on
Rome after Cannae. Yet the armies were undermanned and
frontier garrisons melted away.
Sometimes exemptions from the compulsory services
were made to favored groups. The Republic had left education to local initiative. Under the monarchy the central
government displayed interest, especially Vespasian, Hadrian, the Antonines, and Alexander Severus. The later
Emperors continued the tradition of their predecessors in
their generosity to education. Constantine relieved professors from military service and from the compulsory
reception of public guests ;4 they might enjoy the priv14, 4, 7;
3; 2,
14, 3, 2; 14, 3, 5; 14,13,21.

io; NTh IO, 1-2; NV 2, 1-4.
3 12, 1.
326, 4.
s31 , 8.
30 r, 16.
4 Dill, op. cit. p. 208.
35 II, 7, 2; 12, I, 186.
86 12, I; passim, and especially 12, 1: 9, 92, 97, 143-144.
28
29 13,
3
8
12, i, 6.
12, 1: 6, 22, 50, i8o,
183; 8,
I,
5;
8, 4
passim: 12, 18-19.
2; 9, 29; 9, 30, 1-3; 15, 14, 14.

401to, 22, 4.
4 7, 13, 4-5.
* 7, 13, 16.
42 7, 18,2; 7, 18, 4; 7, 18,6.
81 7 , 18, 14-15; 9,
44
13,13 3
14,
ileges of the curiales but not be burdened with their

responsibilities; the persons of professors, their wives
45
and children, received special imperial protection. When
decline in revenues forced local governments to retrench, the Emperor protected the professors by insisting that they be paid according to a prescribed
scale of salaries." Many teachers, especially professors of
rhetoric, lived very well.47 As the only road to success was
in the imperial service, learning became associated with
governmental operations. The Emperors accompanied their
generosity with an increasingly close supervision over all
professorial appointments. 48
One might hope to find that these expenditures in education had led to intelligent criticism and stimulating suggestions for imperial policies. Unfortunately, the opposite
occurred; the professors seemed most interested in championing the Emperors and their system. "The intellectual
training of the Roman schools conspired with the imperial
despotism to produce a habit of abject submission to authority, which was fatal to originality and progress."4 9
Corruption was rampant. When society is organized into
a single hierarchy everyone except the monarch is subject
to the orders of a higher official, in other words, is to some
extent in the power of another. A flood of edicts shows
that the power was abused, that bribes were given to influence its exercise, that officials were prone to extort
money on great or little provocation."o Chief offenders
were the agentes in rebus and the curiosi,1 the very officials
whose function it was to exact obedience to imperial commands.
Relations between the state and the church were another
thorny problem during these years. The Government of
Rome from its first conquests pursued a policy of toleration towards the various religions practiced within its territories. The implacable hostility of the early Christians
towards the state led to an exception in their case, but the
Christians were for many years so few that attempts to
suppress them were sporadic and local. By the end of the
third century Christianity had become a major difficulty.
For one thing, the Christians had become much more
numerous. For another, society was by then so unified that
any refusal to recognize the authority of the Emperor
amounted to a refusal to take orders, to mutiny, and could
not be allowed to go unpunished. The government was
forced either to destroy the Christian religion or to come
to terms with it. Diocletian attempted the first course and
failed. Constantine adopted the second course. Although
in terms of power politics Constantine had very little choice,
critics, ancient and modern alike, have urged that his policy
accelerated the collapse of the Roman state. The ancient
argument that Rome's troubles represented the revenge of
the pagan gods was answered by St. Augustine in his great
work, the City of God, written from 413 to 426.
A modern theory is that by recognition of the church the
transfer of the Romans' devotion from the state to Christianity was facilitated. But the many Roman Christians had
already lost their faith in the state. Evidence which includes
the numerous edicts of the fourth and fifth centuries suppressing pagan rites suggests that through close coopera4
4
13, 3, 1-4; 13, 3, i8.

46 13, 3, II.
13, 3 passim, especially 13, 3, II.
13, 3, 5.
4 Dill, op. cit. p. 357.
508, lo-II; 9, 27-28; 10, 24; IT, 8; iI, lo-II; I, 16, 7; NMaj
-512,
I, 3; 6, 29, I; 6, 29, 12.
48
XXi
2, I.
Introduction
tion with the church the state regained the political support
of its Christian citizens. Certainly the edicts show that the
Emperors regarded the church as a major bulwark.
Was the paralysis of administration caused by the
personal incompetence of the later Emperors? One cannot
fail to be impressed by the lofty tone of the imperial edicts.
The professions, the intentions of these monarchs were
good. No stories of dissipation or vice, of "fiddling while
Rome burned," are recounted of them. True, they occasionally paid attention to other men's wives, and Honorius
loved to pass his time feeding grain to chickens, but the
Emperors were by no means mere hedonists. Some of them,
such as Constantine, Julian and Theodosius I, were men
of outstanding ability and force. Almost all devoted their
most serious attention to affairs of state. The management
of the gigantic administrative machine was simply beyond
their capacity.
Eventually the decadent leviathan succumbed to the
"barbarians," disorganized tribes of Germans. Gibbon
called the fall of Rome "the triumph of barbarism and
religion"52 but the remark is valid only as a designation of
successors. The conquest can scarcely be called a triumph.
The Rome conquered by the barbarians is not to be compared with the Rome of the Caesars. The forces which
seized the Western Empire were a "rabble whom Caesar's
legions would have scattered like chaff."" 3 Conceivably
pressure from the Sarmatians may have somewhat increased the belligerency of the Germans in the fourth century, but there is little evidence that they were more formidable than in the time of Caesar or throughout the centuries of frontier skirmishing. Such tribes as the Franks,
the Goths and the Vandals were able to take over whole
provinces primarily because there was no real opposition.
The Emperors were unable to recruit and provision armies;
their armed forces were fully engaged in policing their
subjects, and often the barbarians were welcomed as deliverers from the Roman bureaucracy.
The wonder is that the Empire's territorial integrity was
preserved so long. At the accession of Honorius in 394 the
Roman standards still flew over almost the same area as
that which Augustus had ruled, and Rome had been the
first power of the Mediterranean for six hundred years.
Then suddenly the disintegration of the Empire became
external as well as internal. The city of Rome itself was
captured by the Visigoths under Alaric in 410 and then by
the Vandals, led by Gaiseric, in 455. Whether one takes
the end of the Western Empire as the death of Aetius in
52
53
Decline and Fall, ch. lxxi.

Adams, Brooks, The Law of Civilization and Decay. ch. i.
454, or that of Majorian in 461, or as the formalities of

476, the Theodosian Code and Novels did not long remain
in effect in the Western Empire.
The Code and the Novels constitute, nevertheless, the
greatest source of information on one of the most complex
and interesting societies the world has ever known. In
translating them Professor Pharr and his associates, Mrs.
Phari and Mrs. Davidson, have made a major contribution
to history, to political science and to jurisprudence. Unlike
the Justinian Code, almost as easy to translate as modern
French, the Latin of the Theodosian Code is obscure and
confusing. Even highly trained Latin scholars have avoided
it because of its difficulties. Perhaps the perplexities of
the authors of the edicts was reflected in their language.
The content as well as the language of the Code and Novels
bears witness to these perplexities, and may indeed suggest
an explanation of the fall of Rome.
The Emperors relied for their political support upon the
urban proletariat, especially that of the city of Rome, and
upon the civil and military bureaucracy. To maintain that
support, it was necessary to favor those consumer elements
in the population, especially vis-a-vis the rural producers.
The effect of that policy was to discourage production and
to tempt the farmers to move to the cities. The Code and
Novels show that in order to get supplies for the city
dwellers and government personnel, it was then necessary
to adopt harsh measures such as rural serfdom and taxes
payable in kind. The enforcement of such measures required an increased state apparatus of administration and
repression, which in turn withdrew more and more men
from production. The harassed farm managers, continually
under pressure to meet their quotas of supplies, could pay
little attention to the conservation of soil and of forests.
Their consequent deterioration accentuated the difficulties
of production. The state machine finally became so complex as to be unmanageable. The inevitable decay was
hastened by exhausting civil wars which were largely due
to struggles over the succession. The rewards of control
over so great a governmental machine lured every ambitious
soldier. These civil wars accelerated the speed of the vicious
spiral which had been generated by the problems of production and repression, so that an Empire once famous for
its martial spirit and organization succumbed to wandering
hordes of barbarians.
If this explanation is even partially valid, we shall ignore
the Code at our peril, f or it can provide us with new insight into that period in classic civilization during which
the organization of society most resembles that towards
which we ourselves are now moving.
Xxii
OUTLINE OF ROMAN HISTORY

...
..........................................................................................................
THERE are many legends as to the foundation of Rome,

but in all probability it was established about 753 B.C. by
the Etruscans as a trading post, in a very favorable location on the river Tiber. The government was a monarchy
until 509 B.C. when the Etruscan control was overthrown
and an aristocratic form of republican government was
established. From the earliest times there was a constant
struggle, or rather a continual series of struggles, between
the Roman aristocracy and the commons, in which the
commons gradually won more and more rights and privileges but never attained full equality. The Romans were
also engaged in almost constant warfare with their neighbors, since at no time in their history were they able to
establish frontiers that were easily defensible. Hence, partially at least, as a matter of self defense, the Romans
conquered their neighbors on all sides. The Roman power
was thus gradually extended over Italy, and most of the
Italians acquired full rights as Roman citizens. Rome
and Italy then conquered most of the civilized world, which
they reduced to subjection as Roman provinces. The aristocratic Roman Senate undertook the government of the
provinces, and provincial government became notorious for
its corruption and oppression.
The Republic endured for nearly five hundred years.
After it was overthrown, the Empire was established on
its ruins in 27 B.C., as a result of about one hundred years
of revolutionary warfare of the commons against the upper
classes. Julius Caesar triumphantly championed the cause
of the masses, and as the head of a victorious army he
obtained control of the State in 46 B.C. His position as
dictator was confirmed by the Senate, and he immediately
undertook the establishment of an efficient autocracy to
take the place of the corrupt and inefficient republican
government, which had been manipulated primarily by the
Senatorial party, the aristocratic representatives of wealth
and the long intrenched interests of the upper classes. But
the Senatorial party assassinated Caesar in 44 B.C., and his
grand-nephew Augustus, after thirteen years of fighting,
established himself as supreme ruler in 31 B.C. He made
his peace with the Senatorial party, and in 27 B.C. the
Senate legalized his position as the head of the State. The
Emperor and the Senate then proceeded to deprive the
masses of any effective voice in the government. Augustus
established a dyarchy or dual form of rule, with himself
and the Senate in control, and he preserved the fiction of
the old republican forms of the State. The dyarchy gradually and imperceptibly became totalitarian; the Senate bestowed one power after another on the Emperor and only
the Emperor's candidates could be presented to the electorate, until finally the fiction of popular elections was abandoned entirely. Augustus had come to power as a victorious
general and he remained commander-in-chief of all the
Roman armies, over which he maintained unrestricted control. He also assumed control of the finances. These powers were transmitted to his successors and they gave the
Emperor such a preponderance of authority that he gradually acquired undisputed supremacy, while the Senate and
other public functionaries were reduced to a position of

helpless subservience to him, with no effective voice of
their own.
As one of his many statesmanlike measures, Augustus
assumed control of the administration of the provinces and
gave them their first honest government under Roman rule.
This process was continued by his successors, until in 212
A.D. the Emperor Caracalla extended Roman citizenship
to all provincials, thus finally equalizing the conquered
peoples with their conquerors.
The establishment of the Empire brought unexampled
peace and prosperity to all parts of the Roman domain for
over two hundred years (27 B.C. to 192 A.D.), one of the
happiest periods in world history. The reign of Augustus
was a brilliant one and represented the culmination of literature and art, both of which gradually declined and stagnated under his successors and the increasing dominance of
the totalitarian State. The idle city populace was given employment by an ambitious program of public works, was
supported by doles of food when unemployed, and was
kept amused by games and shows that were furnished at
public expense (panem et circenses!).
In the establishment of the Empire there were two fatal

defects that largely contributed to its final collapse. The
first of these was the lack of easily defensible frontiers,
a lack that had been inherited from the past. Hence
throughout the whole period of the Empire the Romans
were in a state of continual hostility with the German
tribes on the north and with the Parthians and Persians
on the east. To provide for the national defense, the Romans were compelled to maintain a large standing army
at an enormous expense to the taxpayers.
The second defect was the lack of any clear constitutional
provision for the succession, at the death of an Emperor,
since Augustus had felt constrained to maintain the fiction
of republican forms. Theoretically, when an Emperor died
or was incapacitated, his successor was to be elected
by the Senate, which was supposed to have the right to
choose the best qualified man in the State for the office,
or even to abolish the office altogether. Actually, the Praetorian Guard at Rome and the armies of the frontier soon
discovered that they had the power to place their favorites
on the throne, f or which the soldiers were usually rewarded
bountifully. This finally led to a period of about one hundred years of military anarchy (192-284 A.D.), which ended
the period of peace and prosperity and during which the
Empire was almost destroyed from within by rival claimants for the throne.
The period of military anarchy was ended by the accession of Diocletian in 284. He was a rough Dalmatian peasant who had worked his way up from the lowest ranks to
a high command in the army and who had been proclaimed
Emperor by his soldiers. In harmony with the spirit of the
times and in order to save the Empire, Diocletian reorganized and thoroughly militarized the government, as an undisguised autocracy. He stabilized the power of the Emperor, provided for the succession, reformed the currency
Xxiii
Outline of Roman History

which had been ruined by inflation, organized the tax system, and established a socialized State, under an elaborate
bureaucratic system which was perfected by Constantine
and endured unchanged until the final collapse of the western part of the Empire in 476.
To facilitate the defense of the Empire against the increasing onslaughts of the barbarians, Diocletian divided
the administration. He remained in the East, in the neighborhood of Constantinople, and appointed Maximianus, as
co-Emperor, to govern the West. This division of the administration led to the establishment of Constantinople as
a second capital by Constantine in 330 and to the final division of the Empire in 395 into two independent but coordinate parts. The western part finally collapsed in 476
but the eastern part survived until 1453, when Constantinople was captured by the Turks.
Of the many problems that faced Diocletian, one of the
most acute was that of inflation which was effected by the
debasement of the currency. For centuries the Roman coinage was fundamentally sound, resting as it did upon the
intrinsic value of the standard silver coin, the denarius,
which was worth about 22 cents USA of 1950. To provide for his extravagant expenditures, Nero was the first
to resort to inflation, by reducing the weight of the denarius
and lowering its precious metal content, thus diminishing
its value to about 90 or 95 percent of its earlier worth.
Succeeding Emperors, when faced with financial difficulties, especially in time of war, resorted to the same expedient, since paper money and government bonds were entirely
unknown. Thus shortly after 256, in the period of military
anarchy, "silver" coins had lost about 75 percent of their
earlier value and ultimately 98 percent, since such coins
now had only a slight silver wash that was applied to a base
metal. The government issued sackloads of such coins,
known as folles (follis, sack), whose value was so slight
that they passed from hand to hand unopened. The gold
coinage remained pure but the coins became smaller and
smaller until finally they were accepted only by weight.
Such inflation ruined great numbers of the middle classes
by wiping out their savings.
During the period of the military anarchy a complicated
system of taxation gradually developed. Since taxes were
paid in the debased coinage of the time, State revenues fell
off to such an extent that the Emperors first attempted to
cope with the situation by raising taxes, until in the time of
Aurelian in 275 they were eight times as high as they had
previously been. Since the increase in the tax rate failed
to keep pace with inflation, the Emperors refused to accept
payment in their own debased coinage and they resorted
to a wasteful system of taxation in kind, especially of farm
products, which was known as the annona. This was done
in order that the State could be sure of being able to pay its
soldiers and other members of the imperial service who
were now granted subsistence allowances, annonae, instead
of the previous payments in money. Only under Diocletian
and Constantine was any semblance of order restored to
the imperial financial system, but the economically wasteful
annona and other oppressive features of the tax system
were continued until the fall of the Empire in the West.
In the financial system as reorganized by Diocletian and
further perfected by Constantine, the tax burdens on all
classes became very heavy. As a means of safeguarding the
prompt payment of taxes and the performances of the various public services, on which the very existence of the
State depended, the entire population was completely regimented, with a rigor that it had never known before. The
wealthy classes, who also held the higher offices in the bureaucracy, prospered in general, but the condition of the
masses or plebeians grew steadily worse. Most of the
country plebeians were reduced to the condition of coloni
or tenant farmers, a form of serfdom, in which they and
their descendants were forever bound to the soil, with no
hope of bettering their condition. The city plebeians were
more fortunate in that they were assisted by doles of food
and amused by shows at public expense, but they too were
strictly regimented by the socialized State and were conscripted for service whenever their labor was needed.
In addition to the annona or burdens on the land, many
other tax payments were levied. Every trade and business
was compelled to pay a money tribute that was known as
the lustral tax, since it was assessed every five years. Customs dues and transit dues were exacted as a toll on all
merchandise that was transported from one place to another, and even the privileged classes were compelled to
make stated payments of gold, silver, and various commodities. In addition to his taxes, every citizen was compelled
to contribute various services that were known as munera.
Wealthier citizens must make contributions of gold, that
were known as offertories or freewill offerings to the Emperor. At their own expense they were compelled to furnish
shows and other forms of amusement to the populace. They
were conscripted for unremunerated services of many
kinds, such as tax collections, magistracies in the municipalities, supervision of various public enterprises, such as the
public post, and the furnishing of recruits for the army.
Owners of houses were compelled to share their homes
with soldiers and imperial officials who were quartered
upon them. Similarly, the lower classes or plebeians were
required to perform the more menial tasks that were imposed upon them. Farmers were compelled to haul their
tax payments, often for long distances, to the great warehouses of the State. Whenever their services were needed,
the plebeians were conscripted for labor, both skilled and
unskilled, such as the building and repair of roads, bridges,
and other public works, the collection, transport, and preparation of adequate food supplies for the army and for the
city populace, the furnishing of draft animals, provender,
wagons, and carriages for the public post, the burning of
lime and charcoal, and the furnishing of wood and lumber
for public needs, to mention only a few of the burdens that
the socialized State imposed upon its citizens.
The imperial bureaucracy, as established by Diocletian,
became increasingly corrupt with passing time. In spite of
the many earnest attempts of the succeeding Emperors
to remedy the abuses and to protect the people against oppression, the bureaucratic officeholders were always able
to thwart the good intentions of their apparent masters.
Under one pretext or another the bureaucracy was able to
extort an ever larger amount of taxes and other services,
until the burden of supporting the great army of government employees became intolerable, and the mass of Roman taxpayers welcomed the invading barbarians and a
reversion to more primitive forms of life and government.
Thus fell the Roman Empire of the West. Many other
causes materially contributed to its final disintegration and
to the triumph of the barbarians, but the most important
single cause was unquestionably the hopeless misery of
the regimented masses, with the attendant economic col-
XXiV
Outline of Roman History

lapse that resulted from the excessive taxation that was
necessary to support a corrupt bureaucracy of the socialized State.'
1 The
Theodosian Code and Novels form the richest single source
and the only official collection of contemporary information for the

political, social, and economic conditions of the later Roman Empire.
Since the Codification Commission of the Theodosian Code regularly

condensed the laws before admitting them to the Code, the best full
length pictures of conditions may be found in the Novels, and although the Novels were written later, they serve as the best introduction to the Code for non-specialists. Before undertaking a study
of the Code, one should first read the Minutes of the Senate and
then all the Novels, with the accompanying commentary.
XXV
ROMAN EMPERORS
FROM THE FOUNDING OF THE EMPIRE UNTIL THE REIGN OF JUSTINIAN
Augustus,
27 B.C.-14 A.D.
Tiberius, 14-37.
Gaius Caligula, 37-41.
Claudius, 41-54.
Nero, 54-68.
Galba, June 68-January 69.
Otho, January 69-March 69.
Vitellius, April 69-December 69.
Vespasian, 69-79.
Titus, 79-81.
Domitian, 81-96.
Nerva, 96-98.
Trajan, 98-117.
Hadrian, I17-138.
Antoninus Pius, 138-161.
Marcus Aurelius, 16i-i8o.

Lucius Verus, 161-169.
Commodus, 177-192.
Pertinax, January 193-March 193.
Didius Julianus, March 193-June 193.

Septimius Severus, 193-211.
Caracalla, 211-217.
Geta,
211-212.
Macrinus, 217-218.
Elagabalus, 218-222.
Severus Alexander, 222-235.
Maximinus Thrax, 235-238.
Gordianus I, 238.
Gordianus II, 238.
Balbinus, 238.
Pupienus, 238.
Gordianus III, 238-244.
Philip the Arab, 243-249.
Philip Junior, 247-249.
Decius, 249-251.
Gallus, 251-253.
Volusianus, 251-253.
Aemilianus, 253.
Valerian, 253-260.
Gallienus, 253-268.
Claudius Gothicus, 268-270.

Quintillus, 270.
Aurelian, 270-275.
Tacitus, 275-276.
Florian, 276.
Probus, 276-282.
Carus, 282-283.
Carinus, 283-285.
Diocletian, 284-305.
Maximianus, 286-305.
Galerius, 305-311Constantius Chlorus, 305-306.
Severus, 307.
Maximinus Daia, 307-308.
Licinius, 307-324.
Maxentius, 307-312.
Constantine, 306-337.
Constantine II, 337-340.
Constans, 337-350.
Constantius, 337-361.
Julian, 361-363Jovian, 363-364.
Valentinian I, 364-375.
Valens, 364-378.
Gratian, 367-383.
Valentinian II, 375-392.
Theodosius I, 378-395.
Arcadius, Eastern Emperor, 383-408.
Honorius, Western Emperor, 394-423.
Theodosius II, East, 408-450.

Valentinian III, West, 423-455.
Marcian, East, 450-457.
Maximus, West, 455.

Avitus, West, 455-456.
Leo I, East, 457-474.
Majorian, West, 457-461.
Severus, West, 461-465.
(No Western Emperor) 465-467.
Anthemius, West, 467-472.
Olybrius, West, 472.
Glycerius, West, 473-474.
Nepos, West, 474-475.
Romulus Augustulus, West, 475-476.
END OF WESTERN EMPIRE,
EASTERN
EMPERORS
Zeno, 474-491.
Anastasius, 491-5I8.
Justin I, 518-527.
Justinian I, 527-565.
XXVI
476.
MINUTES OF THE SENATE

AND THE
CONSTITUTIONARIES
MINUTES'
of the Senate of the City of Rome
[Gesta Senatus Urbis Romae]
......
...
...................
u......s................................................
I. In the year of the sixteenth consulship of Our Lord

Flavius Theodosius Augustus3 and the consulship of the
Most Noble Anicius Acilius 4 Glabrio Faustus.-438.'
When the Most Noble and Illustrious Anicius Acilius'
Glabrio Faustus, thrice Ex-Prefect 6 of the City,' Praetorian Prefect," and Consul Ordinary,9 in his home,' 0 which
is at Palma," and the Most Noble and Illustrious Flavius
Paulus, Prefect of the City,7 the Respectable Junius Pomponius Publianus, Vicar of the Eternal City,7 men of noble
rank,12 and the Most August Order of the Senate, had
assembled and had conferred together for a considerable
time, and the Constitutionaries Anastasius and Martinus
had entered pursuant to an order, the Most Noble and
Illustrious Anicius Acilius 4 Glabrio Faustus, thrice ExPrefect of the City, Praetorian Prefect, and Consul Ordinary, spoke as follows:
For fuller discussions of official titles, technical terms, and words with special uses in this Code, see the Glossary. A bibliography will be found at the end of the book.
1 These records of the proceedings of the Senate are not an actual
part of the Theodosian Code, but since the discovery of their manuscript in 1820, they are regularly printed as an introduction in
editions of the Code.
2 The Senate of the City of Rome had long since fallen from its
high estate, had lost all real power, and had become the subservient
tool of the Emperor.
3 The reigning Emperor was regularly indicated by the title
Augustus, though at times he might be called Augustus and Caesar.
When the Emperor Designate was actively participating in the administration of the Empire, he was called Caesar. If the Emperor
Designate was too young for his administrative duties, he was called
Nobilissimus Puer, Most Noble Youth, though at times he might be
called Most Noble Youth and Caesar.
4 The manuscript has Achillius. Compare Dessau 1281-1283 for
three important inscriptions concerning him. For the significance of
his titles, see the Glossary.
5 All dates in this work are A.D. unless otherwise indicated.
6 Ex-Prefect may indicate either a person who has actually
served as prefect or one upon whom the honorary title of prefect
has been conferred by letters patent of nobility that were issued by
the Emperor. Such honorary titles of various ranks were eagerly
sought, since they conferred many substantial privileges in addition
to prestige.
7 The City may be either of the two capitals, Rome or Constantinople. In this case, it is Rome.
8 There were four praetorian prefects in the Empire. They were
the highest officials next to the Emperor.
9 As distinguished from an honorary consul, who was lower in
rank.
10 One of the many indications of the low status of the Senate was
the fact that it could meet at this time in a private residence.
11 Palma or Ad Palmam was a region in Rome, near the center
of the City, between the Curia, or old Senate House, and the Arch
of Septimius Severus. It was probably named from a palm tree that
grew there.
12 proceres.
INTRODUCTORY NOTE:
.........
............
2.
"The felicity that emanates from our immortal Emperors
proceeds in its increase to the point that it arrays with the
ornaments of peace those whom it defends in the fortunes
of war.13 Last year when I attended, as a mark of devotion,
the most felicitous union of all the sacred ceremonies,' 4
after the nuptials had been felicitously solemnized, the
most sacred Emperor,1 5 Our Lord Theodosius, desired to
add the following high honor also to His world,"6 namely,
that He should order to be established the regulations that
must be observed throughout the world, in accordance with

the precepts of the laws which had been gathered together
in a compendium of sixteen books, and these books he had
desired to be consecrated by His most sacred name. The
immortal Emperor, Our Lord Valentinian, with the loyalty
of a colleague and the affection of a son,17 approved this
undertaking.
The assembly shouted: "Thou art newly eloquent! Truly
eloquent !"
13 The Emperor was commander-in-chief of the Roman armies.
Observe the florid and pompous Byzantine style.
14 On October 29, 437, at Constantinople, Valentinian III, Emperor of the western part of the Roman Empire was married to
Licinia Eudoxia, daughter of Theodosius II, Emperor of the eastern

part of the Empire.
15 Everything connected with the Emperor was considered divine
or sacred. Thus there were the sacred imperial palace, the sacred
laws, the sacred imperial bedchamber, the sacred imperial largesses,
the sacred imperial wardrobe, and many others. The government was
an absolute autocracy, and the State was thoroughly militarized,
with the Emperor in supreme command. He was the sole source of
law. His orders or enactments were known as laws, statutes, or
edicts, or more commonly as constitutions, since they were the fundamental law. By the simple issuance of such a constitution the Emperor could repeal any previous law or laws. All imperial enactments were considered divine or sacred, since they were the utterances of the Emperor, and the Emperor often proclaimed that the
contravention of a given statute would be considered sacrilege and
would be punished as such. The penalty for sacrilege was usually
death, i, 6, 9; 6, 5, 2; 6, 24, 4; 6, 29, 9; 6, 35, 13; 7, 4, 30, and often
throughout the Code.
When numbers are used without identification in this commentary,
they refer to passages in the Theodosian Code. Thus 1, 6, g, as
given above, means: see Book I, title 6, constitution 9 of the Code.
The other references will be self-explanatory.
16 Orbis suus, his realm, his world; the eastern part of the Empire, or possibly the whole Roman Empire. For administrative purposes, the Roman Empire was organized at this time into two
territorial divisions. Theodosius II, the senior Emperor, ruled the
East with his capital at Constantinople; Valentinian III, the junior
Emperor and son-in-law of Theodosius, was Emperor in the West
with his residence at Ravenna.
17 Son-in-law and junior Emperor.
E3 1
Minutes of the Senate

3. The Most Noble and Illustrious Anicius Acilius Glabrio
Faustus, thrice Ex-Prefect of the City, Praetorian Prefect,
and Consul Ordinary, said:
"Therefore, the most sacred" Emperor summoned me
and the Illustrious man"8 who was Prefect of the Orient
at that time, and ordered copies of the Code to be delivered
from his own divine 5 hand, one to each of us, in order
that they might be dispatched throughout the world with
all due reverence. Thus it was among the first of His
provisions that His forethought should be brought to the
knowledge of Your Sublimity.' 9 The Code as directed by
the order of both Emperors was received into our hands.
The constitutionaries are present. If it please Your Magnificence,' 9 let Your Magnificence order that those very
laws20 be read to you by which They ordered that this
undertaking should be performed, in order that we may
obey with proper devotion the most carefully considered
precepts of the immortal Emperors."
The assembly shouted: "It is right! So be it! So be it!"
Faustus, thrice Ex-Prefect 6 of the City, Praetorian Prefect,8 and Consul Ordinary,9 read from the first book of
the Theodosian Code, under the title, "Constitutions and
Edicts of the Emperors" :20
"Our Lords, Emperors Theodosius and Valentinian
Augustuses2 1 to the Senate. 22
We decree that, after the pattern of the Gregorian and
Hermogenian Codes," a collection shall be made of all the
18 Darius, 6, 23, 4.
19 Vestra Sublimitas. It is characteristic of this period to employ
high sounding titles, and this is one of the many features of the
highly artificial and rhetorical Byzantine style. The dignitaries of
the later Roman Empire rejoiced in such appellations as Your Sublimity, Your Prudence, Your Gravity, Your Magnificence, and many
others. When the Emperor referred to himself, he used such titles
as Our Clemency, Our Omniscience, Our Serenity, and many others.
20
Only CTh I,
1,
5 is found quoted below in the ms. CTh i, I, 6
and NTh i, i (the first Novel of Theodosius) were probably read

also to the Senate, since they are later constitutions, and they repeal
some of the provisions of CTh I, I, 5. Thus these three constitutions
would be "those very laws" (ipsae leges) that the speaker has just
mentioned. The plural would hardly be used if the speaker were
referring to CTh i, I, 5 only. Besides, NTh i, I forms the logical
preface of the Code and was probably composed for that purpose.
Compare the preface of the Code of Justinian and the prefaces of
the various Germanic codes that were either based upon the Theodosian Code or else strongly influenced by it.
21 In this work most foreign terms that have come into common
English usage are consistently anglicized and the English form of
the plural is usually preferred. Thus such forms as Augustuses, circuses, bonuses, formulas, and indexes are employed, in harmony
with the present tendency in the development of the English language.
An imperial enactment, or constitution, as it was called, bore the
names of all the Emperors who were reigning at the time of its
issuance, though usually only one Emperor was the author. In the
heading, or inscription, as it was called, of the constitution, the
names of the Emperors were arranged in the order of the seniority
of their accession to the throne. It is often possible to determine the
author of a constitution by the place of its issuance or by the
geographical location of the addressee. The author of the present
constitution was Theodosius, since it was issued at Constantinople,
his capital.
22 Of Constantinople, or New Rome, the capital of the eastern
part of the Empire.
23 The Gregorian and Hermogenian Codes were unofficial compilations of imperial enactments or constitutions as they were called.
These codes seem to have been made by two law professors, Gregorius and Hermogenes. The Gregorian Code was compiled shortly
after 294 in the East, probably in Beirut, the seat of a great law
constitutions that were issued by the renowned Constantine,

by the sainted" Emperors after him and by Us and which
rest upon the force of edicts or sacred imperial law of
general force."
First, the titles, which are the definite designations of
the matters therein, 2 6 shall be so divided that when the various headings have been expressed, if one constitution
should pertain to several titles, the materials shall be assembled wherever each is fitting.2 7 Second, if any diversity"
should cause anything to be stated in two ways,2" it shall be
tested by the order of the readings,3 0 and not only shall the
year of the consulship be considered and the time of the
reign be investigated, but also the arrangement of the
workso itself shall show that the laws which are later are
more valid. 1
Furthermore, the very words themselves of the constitutions, in so far as they pertain to the essential matter, shall
be preserved, but those words which were added, not from
the very necessity of sanctioning the law,3 2 shall be omitted.
Although it would be simpler and more in accordance
with law3 3 to omit those constitutions which were invalidated by later constitutions and to set forth only those
which must be valid, let us recognize that this Code and the
previous ones2 3 were composed for more diligent men, to
school. The Hermogenian Code was compiled early in the fourth
century. These two codes obtained a wide usage and general acceptance, especially in the law schools. They served as models for the
official codes of Theodosius and Justinian.
24 divi. This term cannot be translated satisfactorily. During the
period of paganism in the Roman Empire, the Emperors were deified
on their death and were given the title divi, meaning deified or
divine. In Christian times this title was kept to indicate deceased
Emperors, and it is translated as sainted, though it is recognized
that this is inadequate. Thus many of the worst pagan Emperors
and Julian the Apostate were regularly called dizi.
25 sacra generalitas, as contrasted with grants of special imperial
favor to specific persons. The Theodosian Code thus omits all laws
that granted such special privileges. From the time of the early
Republic and the Laws of the Twelve Tables the Romans sought
to establish the principle that all laws should be of universal application and that "Laws that confer special privileges upon specific
persons shall not be proposed." This fundamental juristic axiom
was often disregarded, even in the time of the Republic, and the
Roman Emperors issued a great many constitutions that conferred
special privileges upon certain specified persons, contrary to the
express provisions of the general laws. This was often done in the
interest of equity, when the strict application of a general law would
work an injustice, but more often the Emperors issued such constitutions that conferred special favors, often of great value, upon their
intimate friends and supporters. An Emperor was regularly surrounded by a group of strong men who were always ready to request
or even demand special favors, and the Emperor was not always
able to refuse, since his power usually depended upon the vigorous
support of such men. The Emperors often sought to protect themselves and the interests of good government by declaring that any
imperial grant of special privileges should be void, if it was found
to contravene the general laws, if it should prove to be contrary to
the public interest, or if it was granted in reply to fraudulent petitions. Cf. especially I, I, 4; 1, 2, 2-3; 1, 2, 5-6; I, 2, 8-9; lo, 8-io;
II,
20;
NV i9, i; NAnth 3, 3.
26 negotia. which . .. therein: may be a gloss, Kr.

27 Or: the material everywhere which is related shall be placed
together.
28 varietas, diversity of material, a contradiction.

29 Thus producing a conflict.
so The laws shall be arranged chronologically under each title,
and thus a law of later date will appear later in any given title.
s1 A fundamental legal principle, D. I, 4, 4.
82 Or: for sanctioning the law, but from necessity (of the case)
that is, words that are superfluous.
$3 justius.
Minutes of the Senate

whose scholarly efforts3 4 it is granted to know those laws
also which have been consigned to silence and have passed
into desuetude, since they were destined to be valid for
cases of their own time only.
Moreover, from these three Codes" and from the treatises and responses of the jurists which are attached to"
each of the titles, through the services of the same men
who shall arrange the third Code, there shall be produced
another Code37 of Ours. This Code shall permit no error,
no ambiguities; it shall be called by Our name, and shall
show what must be followed and what must be avoided by
all. For the consummation of so great a work and the
composition of the Codes-the first" of which shall collect
all the diversity39 of general constitutions, shall omit none
outside itself which are now permitted to be cited in court,
and shall reject only an empty copiousness of words, the
other3 7 shall exclude every contradiction3 9 of the law and
shall undertake the guidance of life- 4 0 men must be chosen
of singular trustworthiness, of the most brilliant genius.
When they have presented the first Code38 to Our Wisdom
and to the public authority, they shall undertake the other,17
which must be worked over until it is worthy of publication.
Let Your Magnificence acknowledge the men who have
been selected; We have selected the Illustrious Antiochus,
Ex-Quaestor 6 and Ex-Prefect,41 the Illustrious Antiochus,
Quaestor of the sacred" imperial palace, the Respectable
Theodorus, Count and Master of the Bureau of Memorials,
the Respectable Eudicius and Eusebius, Masters of the
Bureaus, the Respectable Johannes, Ex-Count of Our
sacred imperial sanctuary,42 the Respectable Comazon and
Eubulus, Ex-Masters of the Bureaus, and Apelles, most
eloquent jurist.43
We are confident that these men who have been selected
by Our Eternity will employ every exceptionally learned
man, in order that by their common study a reasonable
plan of life may be apprehended and fallacious 44 laws may
be excluded.
Furthermore, if in the future it should be Our pleasure
to promulgate any law in one part of this very closely
united Empire, it shall be valid in the other part 16 on condition that it does not rest 5 upon doubtful trustworthiness
or upon a private assertion; but from that part of the Empire in which it will be established, it shall be transmitted
with the sacred imperial letters, 46 it shall be received 7 in
the bureaus of the other part of the Empire also, and it
shall be published with the due formality of edicts. For a
law that has been sent48 must be accepted and must un3 scholastica intentio, pursuit of legal studies.
85 The Gregorian and Hermogenian Codes and the present edition
of the Theodosian Code.
36 Or: closely connected with.
3 This final code was never compiled. Such a work was ultimately
consummated in the Basilica which combined the various types of
material into one work. It was published in Greek about the beginning of the tenth century.
38 The first Theodosian Code in the projected scheme of Theodosius, the Code which we now have.
3 diversitas, diversity, contradiction.
40 magisterium vitae.
41 M. writes prefect in i, i, 5.
42 Nostrum sacrarium, Our sanctuary, the sacred imperial consistory.
4 scholasticus, jurist, advocate.
4Or:
every fallacy shall be excluded from the law.
4 Or: in order that it may not rest.
6 sacri affatus.
47 Or: on condition that it be received.
48 Under such conditions.
doubtedly be valid, and the power to emend and to revoke

shall be reserved to Our Clemency. Moreover, the laws
must be mutually announced, and they must not be admitted otherwise. (Etc.)"
Given on the seventh day before the kalends of April at Constantinople in the year of the consulship of Florentius and Dionysius.March 26, 429.
5. The assembly shouted:
"Augustuses of Augustuses, the greatest of Augustuses!"

Repeated50 eight times.
"God gave You to us! God save You for us!"
Repeated50 twenty-seven times.
"As Roman Emperors, pious and felicitous, may You
rule for many years!"
Repeated twenty-two times.

"For the good of the human race, for the good of the
Senate, for the good of the State, for the good of all!"
Repeated twenty-four times.
"Our hope is in You, You are our salvation!""
Repeated twenty-six times.

"May it please our Augustuses to live forever!"
Repeated twenty-two times.
"May You pacify the world and triumph here in person!"
Repeated twenty-four times.
"These are the prayers of the Senate, these are the
prayers of the Roman people!"
Repeated ten times.
"Dearer than our children, dearer than our parents!"
Repeated sixteen times.
"Suppressors of informers, 5 2 suppressors of chicanery!"
Repeated twenty-eight times.
"Through You our honors, through You our patrimonies,
through You our all!"
Repeated twenty-eight times.

"Through You our military strength, through You our
laws!"
Repeated twenty times.

"We give thanks for this regulation of Yours !"
Repeated twenty-three times.
"You have removed the ambiguities of the imperial constitutions !"
Repeated twenty-three times.

"Pious emperors thus wisely plan!"
Repeated twenty-six times.
"You wisely provide for lawsuits, You provide for the
public peace
!"
Repeated twenty-five times.

"Let many copies of the Code be made to be kept in the
governmental offices !"
Repeated ten times.

"Let them be kept under seal in the public bureaus!"
4 When the Codification Commission compiled the Theodosian
Code, they omitted unnecessary portions of the laws, as they found
them in the archives, in accordance with their instructions as given
above in the first part of this constitution. Thus Etc. at the end of a
law or Post alia, after other matters, at the beginning of a law in
this Code indicates that the compilers omitted portions at the end
or at the beginning of laws as they found them.
50 dictum viii may mean shouted eight times in concert, or shouted
by eight different Senators. A similar interpretation should be applied to the succeeding acclamations.
51 Spes in Vobis; salus in nobis. The translation is conjectural.
52 Informers were especially dreaded by the wealthy,
such as the
Senators, io, 1o, 19.
E51
Minutes )f the Senate

"In order that the established laws may not be falsified,
let many copies be made !"
Repeated twenty-five times.
"In order that the established laws may not be falsified,
let all copies be written out in letters !"5
Repeated eighteen times.
"To this copy which will be made by the constitutionaries
let no annotations upon the law be added !".4
Repeated twelve times.
"We request that copies to be kept in the imperial bureaus shall be made at public expense!"
"Hail! Faustus!"55
Repeated seventeen times.

"A second term for you in the consulship !"
Repeated fifteen times.
"You regulate everything, you harm no man!"
Repeated thirteen times.
"Let copies be made and dispatched to the provinces!"
Repeated eleven times.
"Worthy purveyor of such great benefits !"56
Repeated ten times.
"Hail! Paulus !"55

Repeated ten times.
"We ask that you report" to the Emperors the desires
of the Senate!"
"Preserver of the laws, preserver of the decrees!"
"All the rights of landholders are thrown into confusion
by such surreptitious actions !"6'
Repeated seventeen times.
Faustus, thrice Ex-Prefect of the City, Praetorian Prefect
"That which has been read with due veneration shall be
attached to the minutes." And he added,60 "I count this
service also among the benefactions of the immortal Emperors in that through me They announce to Your Magnificence those enactments which They have deemed worthy
to establish as Their own laws."
The assembly shouted:
"Hail! Faustus!"55

Repeated ten times.
"A consulship for you!"
Repeated eleven times.

"We request that the Codes be kept in the public bureaus!"
"Let this duty be assigned to the office of the prefects!"
"Let each prefect affix his own seal !"
"Let each have a copy in his own office!"
"We ask that no laws be promulgated in reply to supplications
!"57
Repeated twenty-one times.

"Hail! Aetius !"65
"A third term for you in the consulship !"
"Through your vigilance we are safe and secure!
"Through your vigilance, through your labors!"
"Hail! Faustus!"

5 Without the use of abbreviations, which were commonly employed in manuscripts of that period.
5 0r:
let no legal abbreviations (notae juris) be written. Or:
let no annotations .
. be used, M. Cf. I, 4, 3, 3.
55 The greetings to Faustus, as well as those to Paulus and Aetius

below, are parenthetically interjected and disturb the continuity of
the various requests by the Senate regarding the Code. These greetings were made by the special friends of these men. Such greetings
were incorporated in the minutes and were intended for the eye of
the Emperor. They thus served to promote the candidacies of the
favorites of these Senators for the consulship, since the consuls were
appointed by the Emperor. In this case, the recommendations of the
Senate were apparently ineffectual. Paulus did not attain his first
consulship or Faustus his second, while Aetius was not appointed to
his third consulship until 446, some seven years later.
56 Since Faustus was the imperial messenger who had brought

this matter to the Senate.
57 preces, the technical term for a petition to the Emperor, since he
was considered divine, nn.
15;
25.
"To the Consul of the Oracle!"61

Faustus, thrice Ex-Prefect of the City, Praetorian Prefect
"Pursuant to the orders of Our Lords and the desires of
Your Eminences, it shall now be an object of my care to
provide for the transcription of this Code in three groups 6 2
through the reliable services of the Respectable Veronicianus, who was selected by agreement between Your Magnificence and me, and by the reliable services of the constitutionaries, Anastasius and Martinus, whom we have already approved as having given long and faultless service
to this office. Then, while the copy63 which I have presented
shall remain in the exalted office of the praetorian archives,
the bureau of the Magnificent prefect of the City, a man of
equal trustworthiness, shall hold the second, but the con-
stitutionaries shall be ordered to retain the third in their

own custody faithfully and at their own risk, in order that
they may publish it to the people, with this provision, that no
copies may be published except such as have been tran5 suggero, the technical term for making an official report and
recommendations to the Emperor, I, 8, I, and often in the Code.
This request is addressed to Faustus as the imperial messenger.
59 A reference back to the request that no laws should be promulgated in reply to supplications. A variant translation, "All the
law is thrown into confusion by the surreptitious activities of the
landholders," seems improbable, because the Senators were the great
landholders of the time. Or: Repeated nineteen times. All the rights
. by surreptitious actions.
Reading et adiecit, with Theresa S. Davidson, AJP 266 (1946),

168-183. M. conjectures et addentur: "The constitution of the Emperors which has been read . . . and the words which have been
spoken shall be attached to the minutes and shall be added thereto."
The ms. has et ad inter. Possibly the corrupt reading conceals a
reference to NTh i, i, the Validation (Auctoritas) of the Theodosian Code. See n. 20.
61 The Oracle was the Emperor Theodosius, as the source
of
divine responses. The consul of the Oracle was Faustus, the colleague of Theodosius in the consulship for that year, n. 15.
62 corpora.
63 codex.
60
L6
The Constitutionaries
64
scribed from this copy by the constitutionaries, in their

own hand."
"Likewise, it shall be an object of my care to arrange for
this also, that another copy of the Code65 shall be transcribed by these men and shall be dispatched with like devotion to the Province of Africa, in order that there, too,
a model of equal reliability may be preserved."
The assembly shouted:
"Hail! Faustus !"

"A second term for you in the consulship!"
"To a man of all the virtues!"
Repeated ten times.
(And by another hand.) I, Flavius Laurentius,66 Secretary of the
Most August Senate, have published this on the eighth day 67 before
the kalends of January.-December 25, 438.
[THE CONSTITUTIONARIES]'
TUTIONARIIS)
(DE CONSTI-
8. Our Lords the Emperors and the Caesars2 to Flavius

Anastasius and Hilarius Martinus.
In the matter concerning which the Illustrious Faustus,
Praetorian Prefect, consulted Our Divinity, as the Minutes
of the Most August Senate as submitted' bear witness, We
see that the regulations which were prescribed by the most
64 Corpus.
65 alius codex.
66 The epitaph of this Laurentius is published by Ross in Bull.

Crist. 7 (1869), 18: Hic quiescit in pace Laurentius Scriba Senatus.
Dep. die III Idum Mart. Adelflo viro Clarissimo Consule. March
13, 451.
67 sub
die viii, an unusual expression.
1 The author of this rescript is Valentinian; Min. Sen., n. 21.

It is not a part of the Theodosian Code but it is found in most
editions, since it is so closely connected with the Code.
2 It is unusual that the names of the reigning Emperors, Theodosius and Valentinian, are not here given. The reigning Emperors
were regularly called Imperatores and Augustuses, Min. Sen., n. 3.
3 subdita, appended.
invincible Emperor, the father 4 of Our Clemency, to provide for the preservation of the Theodosian Code were
fortified with greater diligence by the Senate, so that the
license to publish copies might be granted to those persons
only upon whom the risk was to fall if the published copies
contained any falsification. Therefore, the Illustrious prefect of the City, Our Father5 and Retainer, 6 whose duty it
is to enforce very diligently what the Senate has decided
for the security of all, shall know that the license to publish
copies has been assigned to you; that the production, also,
of copies of the aforesaid body of law7 shall be provided for
at the risk of you" alone; that those persons9 may have no
traffic in either the publication or production of copies, since
it is certain that the hazard of falsification falls upon you;
that both the office staff of the court of inquiry and those
who have not obeyed Our laws are constrained by the threat
of a fine, as stated in your supplication,' 0 and by the penalty
of sacrilege," and all surreptitious activity shall cease.
Given on the tenth day before the kalends of January at Rome in
the year of the second consulship of the Most Noble Maximus and
the consulship of the Most Noble Paterius.-December23, 443.
4 Valentinian, the author of this constitution thus refers to Theodosius, who was his father-in-law and the elder Emperor, Min.
Sen., n. 21.
5Parens, father, near kinsman, cousin, patrician, an honorific

title, used by the Emperor when referring to a preceding Emperor
or to one of the highest ranking members of the nobility. Cf. the
modern usage of the word cousin in this sense. Similarly, the Emperors used the word "Brother" (Frater) as a purely honorific
title. Storacius was Prefect of the City in 443, NVal. II, i.
6 Amicus.
7 memoratum corpus. Some would understand this as referring to

guilds of copyists.
8 You constitutionaries.
9 About whom you complain. Or: other persons, M.
10
Min. Sen., n. 57.
Since everything connected with the Emperor was sacred and

divine, the violation of any law issued by him could be considered as
sacrilege, Min. Sen., n. 15. The punishment for sacrilege was
usually death.
11
[ 7]
THE THEODOSIAN CODE
+(,121/,1(
Clyde Pharr trans. 11 1952

Wed Aug 5 11:42:40 2015
BOOK I'
0.........................*a ........we....
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TITLE 1: CONSTITUTIONS AND EDICTS OF

THE EMPERORS2 (DE CONSTITUTIONIBUS
PRINCIPUM ET EDICTIS)
I.' Emperor Constantine Augustus to the Lusitanians. 4
If any edicts or constitutions without the day and the

year of the consulship' should hereafter be discovered, they
shall lack authority.
Given on the seventh day before the kalends of August at Szombathely (Savaria)8 in the year of the consulship of Probianus and
Julianus.-July 26, 322.
INTERPRETATION:7
If any laws without the day and the
year of the consulship should be produced, they shall not

be valid.
Augustuses9
2.8 The same

to Flavianus, Praetorian
fect of Illyricum and Italy.
We do not permit any person either to be ignorant
to pretend ignoranceo of the constitutions which
been carefully weighed with long deliberation by
Serenity.
4
Preof or
have
Our
Given on the sixth day before the kalends of June at Vincentia6

in the year of the consulship of the Most Noble Tatianus and
Symmachus.-May 27, 391.8
INTERPRETATION: No person shall be permitted to be
ignorant of the laws10 or scornful of the statutes.
3.11 The same Augustuses to Aurelianus, Prefect of the

City.1 2
No constitution produces any calumnyS for past deeds,

but all constitutions establish regulations for the future."
1 Brev. i. For technical terms and obscure words, see the Glossary.
NTh i, i probably preceded the Code as its preface, when the Code
was first published, as is indicated in three of the best manuscripts.
The text of this part of the Code is much confused, since no complete manuscript of the first five books exists and about two thirds
of the text of these books has been lost. Cf. Min. Sen., n. 20.
1 Brev. I, I; CJ I, 14.
3 Brev. I, I, 1; CJ I, 23, 4.
4 Glossary, s.v. constitution.
5 Without an indication of the date of issuance, since the ancient
Romans dated their documents by consulships, each of which lasted
only one year.
6 As commanders-in-chief of the Roman armies, the Emperors
spent much time away from their capitals, usually Milan and Ravenna for the western part of the Empire, Constantinople for the
eastern part.
7 The Interpretations that are found in the manuscripts of the
Theodosian Code are not a part of the Code as it was originally
issued, but they were composed by medieval jurists between the
issuance of the Code in 438 and the promulgation of the Breviarium
of Alaric II in 506.
8 3, I, 6; Brev. i,
1,
2; CJ I, 18, 12. The author of this constitution
may have been either Valentinian or Theodosius, or both Emperors,

since they were together during the early part of 391. See Min. Sen.,
n.
21.
9 The manuscripts of the Theodosian Code are incomplete, especially for the first five books and the first part of the sixth book.
Thus one or more constitutions have been lost at this place in the
text, since the first constitution of this title was issued by Constantine, and the same Augustuses mentioned in this constitution refer
to Valentinian II, Theodosius I, and Arcadius.
Given on the third day before the kalends of March at Constantinople in the year of the third consulship of Our Lord Theodosius
Augustus and the consulship of the Most Noble Abundantius.February 27, 393-11
INTERPRETATION: No laws condemn the deeds which

have been done at a previous time, but they establish the
regulations which must be observed in the future."
4.15 The same Augustuses to Victorius, Proconsul of Asia.
A general regulation must be preferred to a special

grant of imperial favor."
Given on the eleventh day before the kalends of September at

Constantinople in the year of the third consulship of Theodosius
Augustus and the consulship of the Most Noble Abundantius.August 22, 393.
INTERPRETATION:
A single person or a single case shall

not nullify a law which binds all persons in common.' 6
5.17 Emperors Theodosius and Valentinian Augustuses to
the Senate.
We decree that, after the pattern of the Gregorian and
Hermogenian Codes, a collection shall be made of all the
constitutions that were issued by the renowned Constantine, by the sainted Emperors after him, and by Us and
which rest upon the force of edicts or sacred imperial law
of general force.
First, the titles, which are the definite designations of
the matters therein shall be so divided that, when the
various headings have been expressed, if one constitution
should pertain to several titles, the materials shall be assembled wherever each is fitting. Second, if any diversity
should cause anything to be stated in two ways, it shall be
tested by the order of the readings, and not only shall the
year of the consulship be considered and the time of the
reign be investigated, but also the arrangement of the work
itself shall show that the laws which are later are more
valid. Furthermore, the very words themselves of the constitutions, in so far as they pertain to the essential matter,
shall be preserved, but those words which were added not
from the very necessity of sanctioning the law shall be
omitted.
Although it would be simpler and more in accordance
with law to omit those constitutions which were invalidated
10 dissimulare,pretend ignorance, disregard. "Ignorance of the law
is no excuse," a familiar principle of the English Common Law.
11 1, 28, 4; 6, 3, I;
6, 4, 26; 12, 1, 130-132; 14, 17, II; 15, 1, 29-30;
Brev. i, I, 3. The author of this constitution was Theodosius, Min.

Sen., n. 21.
12 The City
may be either of the two capitals, Rome or Constantinople. In this case it is Constantinople.
1s calumnia, calumny, legal snares, chicanery, malicious prosecution.
14 "No law shall have retroactive force." This fundamental principle of Roman law was often violated by the Roman Emperors, as
in 3, 2, I; 3, 12, 3; 4, 12,
I; 4 , 14 ,
I; 6, 8,
I;
io, 8, 4; 14,
15
16, 5, 7; 16, 5, 17.

15 Brev. I, I, 4. A constitution of Theodosius, Min.
Sen., n. 21.
16 Min. Sen., n. 25.
17 This constitution is reproduced in the Minutes of the Senate 4,

where it has been annotated. Cf. also I, I, 6.
[ 11 1
Constitutions and Edicts
1*1-5
by later constitutions and to set forth only those which

must be valid, let us recognize that this code and the previous ones were composed for more diligent men, to whose
scholarly efforts it is granted to know those laws also
which have been consigned to silence and have passed into
desuetude, since they were destined to be valid for the
cases of their own time only.
Moreover, from these three codes and from the treatises
and responses of the jurists which are attached to each of
the titles, through the services of the same men who shall
arrange the third code, there shall be produced another
code of Ours. This code shall permit no error, no ambiguities; it shall be called by Our name and shall show what
must be followed and what must be avoided by all.
For the consummation of so great a work and for the
composition of the codes-the first of which shall collect
all the diversity of general constitutions, shall omit none
outside itself which are now permitted to be cited in court,
and shall reject only an empty copiousness of words, the
other shall exclude every contradiction of the law and shall
undertake the guidance of life-men must be chosen of
singular trustworthiness, of the most brilliant genius.
When they have presented the first code to Our Wisdom
and to the public authority, they shall undertake the other,
which must be worked over until it is worthy of publication. Let Your Magnificence acknowledge the men who
have been selected; We have selected the Illustrious Antiochus, Ex-Quaestor and Ex-Prefect, the Illustrious Antiochus, Quaestor of the sacred imperial palace, the Respectable Theodorus, Count and Master of the Bureau of
Memorials, the Respectable Eudicius and Eusebius, Masters of the Bureaus, the Respectable Johannes, Ex-Count
of Our sacred imperial sanctuary, the Respectable Comazon and Eubulus, Ex-Masters of the Bureaus, and Apelles,
most eloquent jurist.
We are confident that these men who have been selected
by Our Eternity will employ every exceptionally learned
man, in order that by their common study a reasonable
plan of life may be apprehended and fallacious laws may
be excluded.
Furthermore, if in the future it should be Our pleasure
to promulgate any law in one part of this very closely
united Empire, it shall be valid in the other part on condition that it does not rest upon doubtful trustworthiness or
upon a private assertion; but from that part of the Empire
in which it will be established, it shall be transmitted with
the sacred imperial letters, it shall be received in the bureaus of the other part of the Empire also, and it shall be
published with the due formality of edicts. For a law that
has been sent must be accepted and must undoubtedly be
valid, and the power to emend and to revoke shall be reserved to Our Clemency. Moreover, the laws must be
mutually announced, and they must not be admitted otherwise. (Etc.)
Given on the seventh day before the kalends of April at Constantinoplein the year of the consulship of Florentius and Dionysius.
-March 26, 429.
guished by titles indicating their contents. Furthermore, it

shall be apparent which constitutions are the most recent,
not only from a computation of the year of the consulships
and of the day, but also from their order of arrangement.
If any of the constitutions should be divided into several
headings, each heading shall be separated from the rest
and shall be placed under the proper title, the words which
do not pertain to the force of the sanction shall be removed
from each constitution, and the law alone shall be left.
i. In order that the law may be constrained by brevity
and may be lucid with clarity, We grant to those men who
are about to undertake this work the power to remove
superfluous words, to add necessary words, to change ambiguities, and to emend incongruities. By these methods,
of course, each constitution shall stand forth illuminated.
2. The compilers of this Theodosian Code shall be Antiochus, the Most August and Most Glorious Ex-Prefect
and Consular; Eubulus, the Illustrious and Magnificent
Count and Our Quaestor; the Illustrious Maximus, 9
adorned with the insignia of the dignity of Quaestor; the
Respectables Superantius,19 Martyrius, Alypius, Sebastianus, Apollodorus, Theodorus, and Eron, Counts of the
Imperial Consistory; the Respectables Maximinus, Epigenes, Diodorus, and Procopius, Counts and Masters of
the Sacred Imperial Bureaus; the Respectable Erotius,
Ex-Vicar, Professor of Law;20 the Respectable Neoterius,
Ex- . . .21
3. If any of these men should be prevented by human
fortune or detained by the care of some public affair 2 and
should thus be withdrawn from the task that has been enjoined upon him, another shall be substituted in his place
in accordance with Our decision, if it should thus seem
best. Thus no obstacle shall inhibit the completion of this
code, which shall be valid in all cases 23 and in all courts
and shall leave no place for any new constitution that is
outside itself, except those constitutions which will be
promulgated after the publication of this code.
Given on the thirteenth day before the kalends of January at Constantinople in the year of the fifteenth consulship of Our Lord
Theodosius Augustus and the fourth consulship of Our Lord Valentinian Augustus.-December 2o, 435.
TITLE 2: VARIOUS KINDS OF RESCRIPTS'

(DE DIVERSIS RESCRIPTIS)
Emperor Constantine Augustus to Julius Antiochus,
Prefect of the City Guard.
It is Our pleasure that Our annotations shall not be admitted2 without a rescript. Therefore the office of Your
Gravity shall observe, just as has always been observed,
that you shall consider that Our rescripts and letters shall
be heard, rather than Our annotations alone.
i.
Given on the third day before the kalends of January at Trier

in the year of the consulship of Volusianus and Annianus.-December 30, 3I4.4
19 According to the reading of the manuscript. Some scholars conjecture Maximinus and Sperantius, to make this constitution harmonize more closely with NTh i, i.
6.18 The same Augustuses.
20 Juris Doctor.
All the edictal and general constitutions that have been

ordered to be valid or to be posted in definite provinces or
districts and that have been issued by the sainted Constantine and the later emperors and by Us shall be distin-
21
18 1, I, 5: A
constitution of Theodosius, Min. Sen., n.
12
22
Three dots indicate a lacuna in the manuscript.

Or: care of State.
1 Brev.
I, 2;
CJ
I, 23.
28
negotia.
As binding.
3 In court.
4 Constantine was not at Trier on this date. There are other con-
21.
stitutions issued to Antiochus in 317 and 326.
1-2.8
Various Kinds of Rescripts

2.5 The same Augustus to the People.
Rescripts that are contrary to lawo shall not be valid, in
whatsoever manner they may have been impetrated. For
the judges must rather follow what the public laws prescribe.
Posted on the fourth day before the kalends of September at Rome
in the year of the fourth consulship of Constantine Augustus and of
Licinius.-August
29, 315.
INTERPRETATION: If anything contrary to the laws
should be obtained from the Emperors, it shall not be valid.

3.' The same Augustus to Septimius Bassus, Prefect of the
City.
When We are persuaded by entreaty to temper or to mitigate the rigor of the law in a special case, 6 the regulation
shall be observed that rescripts that were impetrated before
the posting of the edict 8 shall have their own validity, and
a prior rescript shall not be derogated by a later one. But
rescripts which were elicited thereafter' shall have no force
unless they are in conformity with the public laws, especially since it is necessary and permitted that We alone shall
investigate an interpretation that has been interposed between equity and the law."o
Given on the third day before the nones of December in the
year of the consulship of Sabinus and Rujinus.-December 3, 316;
3,7-3,8.11
4.12
The same Augustus to Crepereius Donatianus.
Heirs can adduce rescripts which were not used by those

persons who have yielded to their fates, in order that men
may acquire f or their successors emoluments that have been

properly impetrated.
Posted on the ides of December in the year of the fifth consulship
of Constantine Augustus and the consulship of Licinius Caesar.December 13, 319.
any persons should obtain special

benefits granted by the Emperors and should fail to execute
them because of the intervention of death, their successors
shall be allowed to execute them, in order that the heirs
INTERPRETATION: If
may acquire the benefits which had been impetrated by the

authors of their right.
The same Augustus to Severus, Prefect of the City.

Whenever an interlocutory decision or a dilatory prescription is annulled1 4 by Our rescript, an opportunity to
supplicate the Emperor shall be extended. However, that
5.13
5 Brev. I, 2, 1.
6 Or: rescripts
n. 25.
7 CJ
I, 14,
shall not be valid against the law. Cf. Min. Sen.,
1.
8 The
most common method of publishing laws.

9postea, hereafter, thereafter.
10 The words in italics are supplied from CJ. The Emperor thus
assumes for himself and the imperial consistory the exclusive right
to all legal interpretation, thus finally abolishing the long line of

independent jurisconsults.
"1The date is uncertain: Septimius Bassus was Prefect of the
City from May 15, 317, to August 31, 319. When scholars disagree
as to the date of a constitution, the variants are given. In some

cases as many as four or five different dates are assigned to the
same constitution by different scholars. Cf. I, 2, 12; I, 4: 1-3; I, 5,
I, and often in CTh.
12
Brev.
13
Brev. 1, 2, 3;
I, 2, 2.
The official position of Crepereius is unknown.
I, 19, 2. The translation of this constitution is
difficult and disputed. G. interprets: whenever an interlocutory decision ... is allowed. He would also translate: Therefore, the grant
of a peremptory prescription shall not be petitioned for.
14 remittere, disallow, revoke, abate, relax, annul, release; allow,

concede, grant.
which removes the cognizance of the entire case and destroys the force of the principal action cannot be destroyed
without a heavy loss for the other party. Therefore, the
annulment of a peremptory prescription shall not be petitioned for, nor shall supplication be made to the Emperor
contrary to an edict.
Given on the tenth day before the kalends of June at Nicaea in
the year of the consulship of Paulinus and Julianus.-May 23, 325.
INTERPRETATION: A prescription is called dilatory if it

prolongs a case, that is, when delays are petitioned from
the Emperors by a litigant. A prescription is called peremptory if it removes the principal action, that is, if a
litigant wishes the case to be extinguished without trial,
by a special grant of favor of the Emperor. Therefore a
dilatory prescription can be granted through a rescript of
the Emperor to those who supplicate Him, but a peremptory prescription cannot be granted, and if it should
be granted by the Emperor, it shall not be valid.
6.15 The same Augustus 6 to Barbarus Pompeianus, Governor"7 of Campania.

Even if it is not a trial, but an execution, that is ordered,
inquiry must be made in regard to the veracity of supplications' 8 to the Emperor, so that if fraud should have
intervened, there shall be an investigation of the entire
case.
Given on the third day before the ides of November at Aquae in
the year of the consulship of Dalmatius and Zenophilus.-November
II, 333.
INTERPRETATION: If anything should be obtained from

the Emperor not by a true petition, but by a false one, it
shall not be valid, because fraud intervened.
7.1' The same Augustus and Julian Caesar to Taurus,
Praetorian Prefect.
Judges shall be fined if they disregard or defer the execution of rescripts.

Given on the third day before the nones of July at Milan in the
year of the eighth consulship of Constantius Augustus and the consulship of Julian Caesar.-July 5, 356.
INTERPRETATION: Judges shall be smitten with a fine if

they should disregard regulations of the Emperor which
have been given according to the laws or should defer them
by any collusion.
8.20 Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Praetorian Prefect.
All rescripts which have been impetrated in cases of
debts 21 for the purpose of granting delays shall be rescinded, since those persons must be pressed the more
severely if they have overcome the sense of duty of Our
Clemency 22 and have considered not what was suitable for

the public welfare but what was suitable for their own
frauds.
Given on the eighth day before the kalends of March at Constantinople in the year of the consulship of the Most Noble Antonius
and Syagrius.-February22, 382.
15 Brev. I, 2, 4; CJ 1, 22, 4. CIL
xe Constantius: I, I, 2, n. 9.
17 Consularis.
18 Min. Sen. n.
io,
1199.
57.
19 Brev. I, 2, 5; Consultatio 8, 7.
20 BreV. I, 2, 6; CJ I, 19, 4. A constitution of Theodosius
whose
capital was Constantinople, Min. Sen., n. 21.
21
22
debita, the regular term for tax payments that are due.
The Emperor was not always able to withstand the pressure of
influential persons and groups, Min. Sen., n.
E['3 1
25.
1*2*8
Various Kinds of Rescripts
INTERPRETATION: If any person should be convicted as

a debtor in any case and should impetrate delays from the
Emperor for the purpose of deferring payment, the special
grant of imperial favor which he obtained shall not be
valid, but he shall be compelled to fulfill his written acknowledgment of debt.
The same Augustuses to Principius, Praetorian Prefect.

It is manifest that a rescript cannot obtain force if it
was elicited by damnable and surreptitious means, 22 to the
fraud of the annonarian account and of the public tax
payments.2 4 Therefore an equal and uniform regulation of
tax payment shall be observed toward all persons.
9.23
Given on the eighth day before the kalends of October at Aquileia

in the year of the first consulship of Arcadius Augustus and the
consulship of the Most Noble Bauto.-September 24, 385.
INTERPRETATION: If any person by a special grant of
favor of the Emperor2 2 should impetrate that he should not
pay tribute with the rest of the landholders, such impetration shall not be valid at all; for the laws command that
an equal regulation of tax payment shall be observed toward all landholders.
The same Augustuses to Remigius, Augustal Prefect.

There is no doubt that attestation of suit 2 6 is also understood if supplications18 have been offered to Our Tranquillity, and that such supplications' 8 are carried into effect
against the heir also of the person against whom they were
granted, or by the heir of the person who obtained them.
I. For, just as in numerous cases, that action also is
transmitted to the heir which is shown to have been available to the testator; and, conversely, by the opinions of all
the jurisconsults, it is affirmed by their unanimous responses that an action which was not available to the
testator cannot commence with the heir.
io.25
Given on the thirteenth day before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-March 20, 396.27
INTERPRETATION: If any person should offer supplications' 8 to the Emperor concerning his lawsuit, it is considered that he has attested his suit. 26 If the petitioner or
the person against whom he petitioned should die, the
right of action shall remain unimpaired both for the heirs
of the deceased and against the heirs of the defendant,
because if an action was available to the deceased and had
been attested 26 by him, it is available also to the heir. But
if the author of the right should not in any manner publish his claim 28 in person, his heir is prohibited from bringing an action, on the ground that the author of his right
did not set forth his action.
II. Emperors Arcadius and Honorius Augustuses to Eutychianus, Praetorian Prefect.

Rescripts which have been issued or which will in the
future be issued in reply to references of cases to the
II, I,
23
Sen.,
20;
5,
22,
1; 8, 7, 16. A constitution of Valentinian, Min.
n. 21.
24 devotio publica, public loyalty, public devotion, the regular term

for prompt tax payments.
25 Brev. I, 2, 7; CJ I, 20, I. A constitution of Arcadius and Ho-
norius has been lost, i, i, n. 9.
26 contestatio, litiscontestation of the Civil Law, corresponding in

a general way to joinder of issue of the English Common Law.
273,
28
Emperor" shall assist only those lawsuits for which they

shall be proved to have been issued. (Etc.) 3 0
Given on the eighth day before the ides of December at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of Eutychianus.-December 6, 398.31
32
Emperors Honorius and Theodosius Augustuses to

Johannes, Praetorian Prefect.
(After other matters.) 0 By no one is it held to be doubtful that the writings of Our Imperial Divinity can be adduced also by heirs and in behalf of heirs, and that anything impetrated cannot be barred by lapse of time or
annulled by any chance. (Etc.) 0
12.
Given on the thirteenth day before the kalends of March at

3
Ravenna in the year after the ninth consulshipf of Honorius AuAugustus.-February
Theodosius
of
gustus and the fifth consulship
17 (14), 413-"8
TITLE 3: MANDATES OF THE EMPERORS'

(DE MANDATIS PRINCIPUM)
I.2 Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Eusignius, Proconsul of Africa.

If any person should assert that he comes with Our
secret mandates, all men shall know that no such person
shall be believed as to anything except that which he has
proved by written documents, and they shall not be intimidated by the high rank of any man, even though he
displays' the power of a tribune or an imperial secretary'
or a count, but Our sacred imperial letters must be demanded.
Given on the sixteenth day before the kalends of July at Verona:
June i6. Received on the day before the kalends of August in the
year of the second consulship of Merobaudes and the consulship of
Saturninus.-July 31, 383.
INTERPRETATION: If
any person should assert that he

comes with secret mandates of Our Lords, all shall know
that no such person shall be believed as to any thing except that which he has proved by written documents and
they shall not be intimidated by the high rank of any
man, but that credit shall be given to all the writings of
the Emperor.
TITLE 4: THE OPINIONS OF THE JURISCONSULTS1 (DE RESPONSIS PRUDENTUM)
1.2 Emperor Constantine Augustus to Maximus, Prefect
of the City.
Since We desire to eradicate the interminable contro29 Consultationes. Trial judges referred difficult cases to the Emperor for his advice or decision. Such references of cases were
called consultationes, references for advice or consultation, and relationes, references for either decision or consultation.
3o Min. Sen., n. 49.
31 15, 1, 40.
82 CJ 6, 23, 19.
* At this time communication between the two capitals of the Empire was slow and often interrupted. Although the Empire was divided into two parts, as a symbol of unity only two consuls were
appointed to serve in common for both divisions. Each part of the
Empire would regularly appoint one consul, and it might be some
months before the news of an appointment made in one capital became known in the other capital.
3
2, 19, 6; 8, 17, 4; I, 2, 3, n. I I.
1 Brev. I, 3; CJ I, 15. Such mandates were administrative orders

issued by the Emperors to their officials.
2 Brev. I, 3, I; Cj 1, 15, 1.
3 praeferre,display, boast.
1
notarius.
1,7.
By attestation of suit.
1 Brev.
14
1, 4;
CJ
1, 17-
2 9, 43, L
The Office of Praetorian Prefect

versies of the jurisconsults,3 We order the destruction of
the notes of Ulpian and Paulus upon Papinian, for, while
they were eagerly pursuing praise for their genius, 4 they
preferred not so much to correct him as to distort5 him.
Given on the fourth day before the kalends of October in the
year of the consulship6 of Crispus and Constantine.-September
28 (14),
321, 324.
2.7 The same Augustus to Maximus, Praetorian Prefect.

All opinions which are contained in the writings of
Paulus, since they have been accepted by duly constituted
authority," shall be confirmed and shall be given effect with
all veneration. Therefore, there is not the least doubt that
his Books of Sentences, characterized by the fullest lucidity, a most finished style of expression, and a most reasonable theory of law,9 are valid when cited in court.
Given on the fifth day before the kalends of October at Trier in
the year of the consulship of Constantius and Maximus.-September 27, 327, 328.
3.0
Emperors Theodosius and Valentinian Augustuses to
the Senate of the City of Rome.

(After other matters.) We confirm all the writings of
Papinian, Paulus, Gaius, Ulpian and Modestinus, so that
the same authority shall attend Gaius as Paulus, Ulpian
and the others, and passages from the whole body" of
hisl2 writings may be cited." I. We also decree to be valid
the learning of those persons14 whose treatises and opinions all the aforesaid jurisconsults have incorporated in
their own works, such as Scaevola, Sabinus, Julianus, and
Marcellus, and all others whom they cite, provided that,
on account of the uncertainty of antiquity, their books
shall be confirmed by a collation of the codices." 2. Moreover, when conflicting opinions are cited," the greater
number of the authors shall prevail, or if the numbersl 6
should be equal, the authority of that group shall take
precedence in which the man of superior genius, Papinian,
shall tower above the rest, and as he defeats a single opponent, so he yields to two. 3. As was formerly decreed,
We also order to be invalidated the notes which Paulus
and Ulpian made upon the collected writings" of Papinian. 4. Furthermore, when their opinions as cited'" are
equally divided and their authority is rated as equal, the
regulation of the judge shall choose whose opinion he
shall follow. 5. We order that the Sentences of Paulus
also shall be valid. (Etc.)
Given on the eighth day before the ides of November at Ravenna
in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.
-November 6 (7), 426.17
INTERPRETATION:
This law indicates the founders of
ingenium, ingeniousness, ingenuity.

5 depravare, debase, corrupt.
The second consulship, Kr., I, 2, 3, n. II.
1,
14, 3; 1, 2,
13; 1, 19, 7; 1, 22, 5;
Consultatio 7, 3. This is the famous "Law of Citations." The author
of this constitution was ostensibly Valentinian, but since he was

only seven years of age at the time, the actual author may have been
his mother, Galla Placidia, an unusually able woman.
11 corpus.
TITLE 5: THE OFFICE OF PRAETORIAN PREFECT' (DE OFFICIO PRAEFECTORUM PRAETORIO)

I. Emperor Constantine Augustus to Constantius, Praetorian Prefect.
By edict We remind all provincials that, if they have
been treated with contempt when appealing to their own
governors, 2 they shall have the right to appeal to Your
Gravity, so that, if it should appear that this mistreatment
occurred by the fault or negligence of the governors, Your
Gravity shall immediately refer the matter to Our Wisdom, in order that it may be possible for such governors
to be fittingly punished.
Given3 on the fourth day before the kalends of September at

Antioch in the year of the consulship of Paulinus and Julianus.August 29 (September 28), 325.
The same Augustus to Maximus, 4 Praetorian Prefect.

If any persons should complain about a decision of a
governor 2 when he considers that such decision has been
pronounced to the prejudice of the laws, he shall bring it
to the court of Your Authority, in order that those decisions which have been wrongfully issued5 may be broken
and shattered and may not be able to retain even the name
of decisions.
2.
Given on the twelfth day before the kalends of February in the

year of the consulship of Constantius and Maximus.-January 21,
327(?).
19 corpora.
Not extant, but compare I, I, 5.

21 juris consultores, as in Nov. Val. 35, Interpretation,
instead of
the usual juris consulti.
22 The writer of the Interpretation is speaking in his own person.
This may be a statement by one of the compilers of Alaric's
Breviarium.
20
7 I, 4, 3. The date and place of issue of this constitution cannot be

reconciled, 1, 2, 3, n. II.
8 auctoritas. Or: if they have been accepted ...
9 juris ratio, legal logic.
10 1, 4, 2; Brev. 1, 4, 1; CJ
law' 8 whose opinions shall be authoritative, that is, Papinian,

Paulus, Gaius, Ulpian, Modestinus, Scaevola, Sabinus, Julianus, and Marcellus; if conflicting opinions of these writers
should be cited, where a majority agree, their opinion
shall prevail. But if, perchance, there should be an equal
number on each side, the authority of that group shall
take precedence in which Papinian agrees among those
making up the equal number, because as Papinian defeats
a single opponent, so he yields to two. Scaevola, Sabinus,
Julianus, and Marcellus are not found in their own collected writings 9 but are found incorporated in the works
of the aforesaid writers. This law, indeed, has omitted the
Gregorian and the Hermogenian Codes, for the reason
that they are confirmed by their own authorization in accordance with the law 20 previously cited under the title,
Constitutions and Edicts of the Emperors. But from all
these jurisconsults, 21 from the Gregorian and Hermogenian
Codes, Gaius, Papinian and Paulus, we 2 have selected the
material which appeared to be necessary for cases of the
present times.
18 juris conditores.
3 prudentes, the jurisconsults, jurists.
1-5-2
12 Gaius's.
13 As authority, in court.
14 Earlier jurists.
15 codices, manuscripts, law books.
16 Supporting each opinion.
17 4, I, I, n. 5 I1,
2, 3, n. II.
1 Brev. I, 5; CJ T, 26. Throughout this title it is evident that the

Emperors were striving earnestly but vainly to abolish the increasing rapacity of the corrupt bureaucracy. They made many brave
threats but the guilty, if powerful, usually evaded punishment, n. 30.
2 praesides, the judges ordinary.
8 Posted? Or: Given on the fourth day before the kalends of September; posted at Antioch, 1, 2, 3, n. II.
4 Prefect of the City?
5 imprimere, express, issue, impose.
[15
The Office of Praetorian Prefect
1*5-3
3. The same Augustus to Bassus, Praetorian Prefect.
With reference to those persons who demand that a decision rendered by a governor 2 or by any other judge be
invalidated, the examination of the case by Your Sublimity shall proceed under the limitation that if, when the
fundamental features of the case have been examined in
every detail, it should be clearly evident that the decision
departed from law and justice, that decision shall be completely abolished, and the controversy shall come to an end
in accordance with equity. But if the decision that is already pronounced should be in accordance with the laws,
the unjust assailant of said decision shall be punished by
the exile of relegation to an island for two years, if he is
rich in property, and one half of his goods shall be assigned and surrendered to the account of the fisc. But if
he should be of the rustic mode of life or an indigent person, he shall be thrust into the mines1 for a period of two
years. You shall observe this law also in the case of Our
annotations concerning the retrial of a lawsuit after a decision has been rendered.
Given on the fifteenth day before the kalends of November in the
year of the consulship of Bassus and Ablaviuss-October 18 (20),
331.9
INTERPRETATION: If, after a cause has been pleaded

and the suit has been tried, a litigant should be defeated
by anyone, if he later attempts to renew this same lawsuit,
and if the decision rendered according to law should be in
favor of the party previously defeated, the former judgment shall not be valid. But if he should be defeated before another judge also and if he is a person of dignity
and property, he shall be condemned to go into exile for
two years, and the fisc shall acquire one half of his property. But if he is a person of lowly station and very poor,
he shall be condemned to the mines7 for two years.
4. Emperor Constantius Augustus to Leontius, Praetorian

Prefect.
If any judge, in order to avoid appeals, should postpone the decision of civil cases under the pretext of referringo a matter to the Emperor, he shall be admonished that he shall end the suits which have been begun,
in order that, if any person should suppose that his case
ought to be appealed, it may be heard in the sacred imperial audience hall, before Your Authority or before
those" who judge concerning appeals.
Given on the third day before the kalends of August in the year
of the third consulship of Constantius Augustus and the second consulship of Constans.-July 30, 342.
except the sublime exalted office of the prefect. No judge,

therefore shall have the power to issue annonarian supplies without your authorization.
Given on the fifteenth day before the kalends of August at Milan
in the year of the consulship of Arbitio and Lollianus.-July i8, 355.
6.1' The same Augustus to Musonianus, Praetorian Prefect.

We permit none of the prefects to issue annonarian
emoluments in the diocese of another.1 4
15
Given on the seventh day before the ides of June at Haerbillum
in the year of the consulship of Datianus and Cerealis.-une 7,
358; 357.
The same Augustus to Musonianus, Praetorian Prefect.

You shall know that without Our order, subsistence
allowances shall be furnished to no person.
7.16
6
Given on the fourth day before the ides of June at Milanl in the
fifteenth year of the indiction.-June 10 (7), 357; 358.15
8.1" Emperors Valens, Gratian, and Valentinian Augustuses to Marianus, Prefect of the City.
From the main body and the high ranking members"
of those persons who supervise the sacred imperial trials 9
and, most particularly, sustain this as their own service, 2 0
namely, that they assist by their special service at the trials
conducted by Your Eminence, since they undertake the
duty of defining the case 2 1 when an appeal has been interposed in other courts-from these men you must choose
those who shall attain to the position of assistant master
of a bureau, either through regular succession in the imperial service or by the merit of service. All others shall
be rejected who have been placed outside the eligible lists 2 2
and must not be joined to a select order, since they come
from elsewhere.
Given on the seventh day before the ides of March in the year of
the sixth consulship of Valens Augustus and the second consulship
of Valentinian Augustus.-March 9, 378.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.

If Your Sublimity should find any judges who are lazy
in body and negligent, yawning with dreams of idleness,
or any who are degenerate with the greed of servile thievery or involved in the disgrace of similar vices, you shall
heap upon them the punishment of public vengeance, and
you shall choose substitutes for those who have been re9.23
1, 5, 7; 13, 5, 14; I, 2, 3, n. II.

14aliena dioecesis, apparently a diocese under the
13
5. Emperors Constantius and Constans" Augustuses to

Taurus, Praetorian Prefect.
Among other deeds which are accustomed to be perpetrated, it is discovered that very many persons are distributing the annonarian supplies according to their own
judgment, an action which is right for absolutely no one
6
Brev. I, 5, I; CJ 3, 13, 4.
7 metalla, mines, quarries.

8 The latinized form of this name. The original Greek form was
Ablabius.
9 Given on the kalends of August, posted on the kalends of September at Constantinople, G. Cf. i, 16, 6-7; 2, 26, 3; 3, 30, 4; 4, 5, I;
II, 34, 1.
10 1, 2, II,
n.
29.
Those others, since the praetorian prefect also judged concerning appeals.
12 Should be: The same Augustus.
31
jurisdiction of
another administrative official, usually another prefect.

15 1, 5, 6 and I, 5, 7 are excerpted from the same rescript which
was issued July 5, 358, at Rimini, since Constantius left Milan on

April 28, 358, M. Cf. 1, 2, 3, n. II.
16 1, 5, 6; 13, 5, 14.
17 We do not know whether Marianus (Marinus, M.) was Prefect

of Rome or Constantinople.
18 corpus atque ordo, as members of the bureau of petitions
(scrinium libellorum).
19 sacrae cognitiones were trials conducted by the Emperor or
his representative, such as a praetorian prefect or a prefect of the
City. Cf. I, 6, 9.
20 apparitio.
21 definire negotium, decide a case, define a case. This is the
regular phrase used to indicate the pronouncement of a judicial
decision, as in 1o, I, 13, but see I, 10, 4.
22 extra sortem.
23
CJ I, 26, 3.
E 16 J
The Office of Prefect of the City

moved, so that not their crimes but their punishment shall
be referred to the knowledge of Our Clemency.
Given on the sixth day before the nones of March at Milan in the
year of the consulship of Timasius and Promotus.-March 2, 389.
10.24 The same Augustuses25 to Addeus, Count and Master
of Both Branches of the Military Service.
The court of the Illustrious prefect 26 always has cognizance of a case involving a judge ordinaryI even though
the wrong committed by such judge has been against a
military man. 2 8
Given on the day before the ides of January at Constantinople in
the year of the third consulship of Theodosius Augustus and the
consulship of Abundantius.-January (June) 12, 393.
ii.
Emperors Arcadius and Honorius Augustuses
to
Vincentius, Praetorian Prefect.

All persons who govern provinces shall exact payment
of the delinquent taxes29 for their term of office when
they have laid aside their administration. Those landholders whom no sense of shame can move to fulfill their public obligations shall be notified three times within a year,
and if they do not complete all such public obligations,
they shall pay double the amount of the debt through the
office of Your Magnificence."o
Given on the third day before the ides of February at Milan in
the year of the fourth consulship of Honorius Augustus and the
consulship of Eutychianus.-February II, 398.
12.31 The same Augustuses to Messala, Praetorian Prefect.
Throughout all the provinces of your diocese in Africa,

the regulations of the counts of the accounts32 of the
largesses shall be revoked. All palatines shall be removed,
and We commit to Your Magnificence the care and duty
of this account.33 Therefore, all vicars and judges ordinary 27 shall know that if an exaction of payment has been
concealed," the blame must be referred to themselves.
Given on the fifth day before the ides of October in the year of
the consulship of the Most Noble Theodorus.-October I, 399.3
13." The same Augustuses to Messala, Praetorian Prefect.

Previously We ordered the palatines to be barred from
the provinces, since all collections of revenues 7 must be
the concern of the diligence of Your Magnificence and the
duty of the Respectable vicars and likewise of the judges
24
25
26
1, 7, 2; 2, I, 4; CJ I, 26, 4.
Should be Emperors Theodosius, Arcadius and Honorius.
The praetorian prefect, I, 7, 2.
The governor of a province.

militaris vir, who would be subject to the jurisdiction of the
military courts for most cases.
29 reliqua, primarily delinquent taxes but including arrears
of all
kinds that are due the State.
30 The great landholders were very powerful. On their vast estates
they enforced their own regulations. They oppressed and plundered
the poor and either defied the law or else entered into collusion with
the imperial officials, I, 15, I; 15, I; 16, 4; I, 16, 14; I, 29, 1. See
n. I.
a' 1, 12, 7; II, 7, 15; 14, 15, 6; CJ 12, 58, 2. The author of this
constitution was Honorius, since Messala was Praetorian Prefect of
Africa, a part of the Western Empire at this time, Min. Sen., n. 21.
32 largitionaliumtitulorum comites.
3 titulus.
3 dissimulare, dissimulate, disregard, conceal.
5 Given on the third (or fourth) day before the kalends of October at Altinum, according to n. 31.
27
28
8 2, 14, 1; 8, 5, 59-60; II, 26, 2; CJ II, 74, 2.
exactio, primarily collection of taxes, but including the collection of all payments due the State.
87
ordinary. 27 Now, in confirmation of the aforesaid regulations, We decree that if any palatine from the office of
the Illustrious count of the sacred imperial largesses is
found throughout the provinces who dares to vindicate to
himself the collection of revenues,37 he shall be weighted
down with chains and dispatched for a hearing before the
Illustrious count of the sacred imperial treasury or, if he
is qualified,38 he shall be vindicated to a municipal council.

i. Certainly in the case of those palatines who are dispatched with public written instructions by the Illustrious
count of the privy purse for the purpose of admonishing
the judge,27 in order that the payments due may be more
easily collected from the estates of Our privy purse, We
order that they shall conduct themselves with the utmost
discipline; if they should be engaged in any rash lawlessness, their names must be referred to Your Sublimity
through the judges ordinary27 in order that they may be
punished most severely.
Given on the fifth day before the kalends of December at Milan
in the year of the consulship of Stilicho and Aurelianus.-November
27, 400.
Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Praetorian Prefect.

If any persons hereafter should suppose that they ought
to have recourse to supplications41 to the Emperor on the
ground that they are oppressed by undue burdens, either
with reference to the accounts of the shipmasters or of
transportation4 2 or the tax payment of the lustral gold or
silver, and if any rescripts happen to have been issued
with respect to all such petitions and ordinances, they
shall be sent to the office of Your Sublimity.
14.40
Given on the seventh day before the ides of December at Constantinople in the year of the second consulship of Stilicho and the consulship of Anthemius.-December 7, 405.
TITLE 6: THE OFFICE OF PREFECT OF THE

CITY' (DE OFFICIO PRAEFECTI URBIS)
'. Emperor Constantius Augustus to the Senate.
When an appeal is interposed in Bithynia, Paphlagonia,3

Lydia, Hellespontus, the islands also, and Phrygia Salutaris, Europa, Rhodope, and Haemimontus, the appellant
shall be subject to the sacred imperial court' of the prefect of the City.
Given on the fifth day before the nones of May5 in the year of
the consulship of Taurus and Florentius.-May 3, 361.
Emperors Valentinian and Valens Augustuses to Symmachus, Prefect of the City.

We delegate the right of the sacred imperial decision 4 to
Your Magnificence when an appeal is interposed from
2.
38 idoneus, wealthy enough to sustain the burdens of the decurionate. See Glossary.
41 Min. Sen., n- 57.
3 10, 3, 5.
40 CJ I, 26, 5.
42 Of State supplies, and especially of taxes that were paid in kind.
Such transportation was laborious and expensive. Various classes of
persons were drafted by the State to perform this service at their
own expense. This system was very wasteful economically for the
State, but was not so recognized at the time.
3 From C.
2 Q 7, 62, 23.
CJ I, 28.
4 sacrum judicium, since the prefect of the City was the representative of the Emperor at such trials, n. 32 below, and I, 5, 8, n. g.
6 At Gyfyra, according to 6, 4, 12-13. Cf. also 1, 28, I; 7, 8, I;
II, 15, I; II, 23, I; 12, 1, 48; 13, 1, 3; 15, 1, 7.
[ 17 1
1*6-2
the decision of the vicar of the City of Rome and appears

to await the dignity of Our cognizance.
Given on the sixth day before the ides of June at Milan6 in the
year of the consulship of the sainted Jovian and of Varronianus.June 8, 364.
3. The same Augustuses to Severus, Vicar of the City.

Whenever an appeal is interposed against the decision
of a vicar and appears to await the judgment of Our cognizance, he' shall not be afflicted with the fatigue of a
journey, but the magnificent prefect of the City shall duly
arrange the customary formalities, shall sustain in Our
stead the duty of making a sacred imperial decision,' and
after he has undertaken the examination of the suit, he
shall end the case.
Given on the sixth day before the kalends of July at Constantinople8 in the year of the consulship of the sainted Jovian and of
Varronianus.-July (June) 26, 364; 365; June 8, 364.
4. The same Augustuses to Symmachus, Prefect of the

City.
If any sacred and venerable people' should ask that a
privilege be granted to any persons in consideration of
antiquity and as a favor, this request shall not be granted
before the opinion of Our Tranquillity has been consulted.
Given on the sixth day' 0 before the ides of March in the year of
the consulship of Valentinian and Valens Augustuses.-March zo
(9), 365.
5.11 The same Augustuses to Volusianus, Prefect of the
City.
While We are striving to strengthen in some way the
condition of the City and the annonarian account, it has
occurred to Our mind not to assign the care of the aforesaid annonarian account to all the administrators. 1 2 But
in order that the prefect of the City may not suppose that
any of his powers have been abrogated if the whole authority should devolve upon the annonarian office,13 We charge
upon the aforesaid prefect 4 the duty of supervision and
diligence; not, however, in such a way that the office of
the annonarian prefecture shall be obscured," but that
both authorities, in so far as pertains to their functions,
shall supervise the annona, and their association in this
service shall be such that the lower grade"' shall recognize
the dignity of his superior,1 - and the superior authority
shall show that he knows from the very name itself what
is due to the prefect of the annona.
Given on the second day before the nones of April 8 at Milan in

the year of the second' consulship of Valentinian and Valens
Augustuses.-April 4, 363; 365; 368.
6 At Nish according to 9, 40, 5; II, 1, 8; 14, 3, 3-6; 14, 6, 2; 14,
14, 22, I ; 15, I, 12.
15, I;
7He, the litigant. The Codification Commission apparently omitted

one or more necessary words when they abbreviated this constitution
for inclusion in the Code, Min. Sen. n. 49.
8 Perhaps a scribal error for "the year after the consulship," that
is, CP for PC, since the Emperors were not at Constantinople on
this date.
9 sacer ac venerabilis populus, an obscure phrase. It may refer to
the people of Rome or of Constantinople, the sacred and venerable
cities. It may refer to the clergy, as in 16, 2, 6; 16, 2, 1o. If a sacred
...
ask that any privilege, M.
11 I1, 14, I CJ I, 28, I.

12 potestates. Or: to common administrators, administrators with
common, or undivided, functions, M.
13 The office of the prefect of the annona.
14 Of the City.
15 latere, lie hidden, be inactive.
16 The prefect of the annona.
17 The prefect of the City.
10 The seventh, lo, I, 9.
is On the sixth day before the ides. Cf. II, 14, 1; II, 32, 1.
6. The same Augustuses to Praetextatus, Prefect of the

City.
Your Illustrious Sincerity shall observe, as though from
a watch tower, how each person upon whom We enjoin a
public service within the City of Rome attends to the duty
which has been entrusted to him; and if any person
should conduct himself as unworthy of his administration,
you shall not delay in referring the matter to Us, in order
that when the truth has been learned, We may immediately
dispatch another suitable person, either in accordance with
the recommendation of Your Eminence or in accordance
with Our own judgment.
Given on the twelfth day before the kalends of October at Nova
Mansio in the year of the second consulship of Valentinian and
Valens Augustuses.-September 20, 368.20
7.21 Emperors Valens, Gratian, and Valentinian Augus-
tuses to Rufinus, Prefect of the City.

The office of the prefect of the annona shall regulate
its own functions, provided that, in accordance with the
custom of the ancients, when the prefect of the City proceeds through the public, 2 2 a distribution23 of bread shall
be held in recognition of his rank and position. i. It is
Our will, however, that the office of the prefect of the
annona shall yield to the highest dignity" to the extent
that the prefect of the annona does not withdraw from
the duties under his own care.2
2. Nevertheless, the apparitors of the office of the prefect of the City shall not insert themselves into the office
staff of the prefect of the annona, but the rivalry of the
apparitors shall be eliminated, and the office of the prefect
of the annona shall perform its own service, not as being
subject to authority,26 but as being diligent in its own business and vindicating itself from contempt only so far as
it does not proceed to the contumely of the superior office.
3. Moreover, the office of the prefect of the City shall
have precedence over all authorities2 7 that are within the
City, and shall take from the province of all offices only
so much as it may appropriate without injury and detriment to the honor of others.
Given on the third day before the ides of July in the year of the
fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-July 13, 376.
8. Emperors Gratian, Valentinian, and Theodosius Augustuses to Bassus, Prefect of the City.
We decree that the stations" which they held from ancient times shall be restored to your apparitors. There19 Clossius deletes second. This constitution was probably issued
in 364, in the year after the consulship of the sainted Jovian and of
Varronianus, Kr., but the exact date is uncertain.
20 Seeck compares 9, 16, Io and Amm. Marcell. 28, 1, and would
read: Given on the eighth day before the ides of December in the
year of the second consulship of Gratian Augustus and the consulship of Probus, December 6, 371. The exact location of Nova
Mansio, or Novo Mansio, is unknown, but it seems to have been
in Germany, since other constitutions of 368 mention Trier.
21 CQ 12, 58, 1; 1, 28, 3.
22 per publicum incedit, makes a public appearance.
23 expensio panis, issue, dole of bread. Or: a distribution of bread
shall be due, M.
24 dignitatisfastigium, the summit of rank, referring to the exalted
position of the prefect of the City.
2- curandi partes, the functions of his own post.
26 As represented by the power of the prefect of the City.
27 potestates, powers, magistracies, dignitaries, authorities.
28 stationes, petty offices.
[ 18 ]
1-6.

fore, the ancient custom shall be observed, and Your Exalted Sincerity shall appoint them as office chiefs for all
the provinces which either the constitution29 of the sainted
Constantine had assigned to them or which the Illustrious
Probus, by the power granted him by Our father,o had
restored to them. Of course, they shall remember that no
delay shall take place in those matters which are demanded
in the name of the chief commissary officer.
Given on the tenth day before the kalends of December at Milan
in the year of the consulship of Antonius and Syagrius.-November
22, 382.
The same Augustuses to Symmachus, Prefect of the

City.
There must be no dispute concerning an imperial judgment, 3 2 for it is a kind of sacrilege to doubt whether the
person whom the Emperor has selected is worthy. i. If,
therefore, any judge should be found who supposes that
his own arrogance should be preferred to the imperial
judgment, 8 2 his office staff shall be compelled to pay five
pounds of gold" to the account of the fisc, unless it should
report to him the general rule of Our sanction, and he
himself shall be compelled to pay ten pounds.
9.81
Given on the fifth day before the kalends of January at Milan34

in the year afters' the consulship of the Most Noble Richomer and
Clearchus.-December28, 384; April 27, 385.
10. Emperors Valentinian, Theodosius, and Arcadius Au-
gustuses3 5 to Neoterius, Praetorian Prefect.

The sacred imperial court of the prefect of the Eternal
City customarily issued decrees and rendered judgment to
a few regions." Therefore, We believe that Bithynia,
Paphlagonia, and Phrygia Salutaris should be allotted to
this court, in order that they may send their appeals to
this tribunal, and that they may await its judgment in the
event of a sacred imperial cognizance3 7 of the case.
Given at Ulpiana near Juliana. Received on the second day before
the ides of August at Cragus.-August 12, 385(?).
i i. Emperors Honorius and Theodosius Augustuses to the

Consuls, Praetors, Tribunes of the Plebs, and to their
own Senate, Greetings.
(After other matters.) Military execution shall not appropriate to itself any action within the City.3 8 If any order
29
Not extant.
3o Valentinian, the father of Valentinian only.

81 CJ 9, 29, 2. Apparently a reference to the delegation of authority by the Emperor to subordinates, such as praetorian prefects and
prefects of the City, as his representatives, I, 5, 4; I, 6, 3; I, 6,

II, 30, 3.
lo;
82 principale judicium, imperial judgment, imperial court, may refer to a judgment or court of the Emperor, or of his representative,
n. 4.
83 Inflation had made the value of coined money uncertain and
fines were regularly assessed in pounds of gold or silver. Similarly,
taxes were made payable in kind, to assure proper provision for the
support of the imperial service, and especially for the army. The
office staffs were composed of trained career men in the imperial
service. Hence they were held responsible for much of the maladministration of their superiors who were mostly influential politicians who held office for short terms, usually one year.
4 Received at Milan? I, 2, 12, n. 33.
85 Should be: The same Augustuses.
36 The text is uncertain and the translation conjectural. Neoterius
was praetorian prefect in the West, but this constitution deals with
regions of the Eastern Empire.
87 That is, by the Emperor himself or by his representative, such
as a praetorian prefect or a prefect of the City; n. 4.
88 Rome or Constantinople.
12
should perhaps be issued, it shall first come to the notice

of the prefecture of the City,"8 which shall either execute
the mandates that are in accordance with the law or reject those that are imposed contrary to law. i. Therefore,
We decree that if any person should demand a military
execution in a private action against a Senator or against
any member of a guild" of the most sacred City88 who has
established his lares in the City, whether such execution
is beyond 40 the City or in the provinces, he shall forfeit
the effects of his suit, even though the suit should be a
valid one.
If any person of any honor or of any position in the
imperial service within the most sacred City" or in the
provinces should have military apparitors even in a public
administration and should prosecute even a trivial charge
against a Senator or against a member of a guild" of the
Eternal City, 8 whether in the City or in the provinces, or
if as judge he should not avenge such action, he shall be
deprived of his office in perpetuity. Thus all cases shall be
pleaded" without violation of the prescriptions of forum
of the City, and the laws shall protect against every outrage of compulsory appearance not only a Senator, but
any person who is enrolled as a member of a Roman
guild.4 2 2. If through either negligence or timidity the
Illustrious prefect of the City should fail in his duty to
protect such persons, he shall forfeit his position of dignity, since he did not know how to uphold it.
3. Moreover, if those persons who are assigned to the
armed service43 should execute an illegal request, they
shall be afflicted with corporal punishment and be assigned
for service by the sentence of the urban prefecture to the
City guards of the prefect. Thus they shall be bound as
perpetual apparitors of this office, they shall understand
that the power to change their imperial service has been
taken from them, and they shall be held subject to a
heavier penalty if in any way they insinuate themselves
into that office which is prohibited to them.
Given on the eighth day before the ides of August at Ravenna in
the year of the consulship of AsclePiodotus and Marinianus.-August
6, 423.
Emperor Theodosius Augustus to Constantius, Prefect of the City.

The chief of the assistants of the apparitors of your
office throughout the two-year period which he has served 46
in this same grade, in accordance with the custom of the
ancient order, shall also assume charge of personnel, and
all usurpation and corrupt solicitation47 shall cease. This
also shall be added, that if any person from the aforesaid
order should be shown to have been prevented by the end
of his human lot or by any other means and thus to have
lost the grade of his particular imperial service, the injurious custom of corrupt solicitation"4 shall be eliminated,
and that person shall take his place whose name comes
next according to the true statement of the office register.
12."'
Given on the thirteenth day before the kalends of January at

Constantinople in the year of the consulship of the Most Noble
Victor.-December (May) 20, 424.
9corporatus.
42
4
40
Or: within, M.
Romanis corporibus insertus.

2,
12; 4, 10, 2; 9, I, 19; 9, 6, 4.
41
Or: judged, M.
4 armatum oflicium.
45 CJ 1,
28, 5.
46 Or: he serves, M.
47 Usually involving bribery and the undue use of personal influence.
C 19
The Office of Master of Soldiers
1-7-1
TITLE 7: THE OFFICE OF MASTER OF SOLDIERS' (DE OFFICIO MAGISTRI MILITUM)

i. Emperor Constantius Augustus and Julian Caesar to
Hermogenes, Praetorian Prefect.
Henceforth, as often as any necessity requires that soldiers be transferred from one place to another, this transfer must be made after a consultation has been held with
the master of the horse and foot, in order that the soldiers
may be transferred to those places that are required by
the public welfare.
Given on the fifth day before the kalends of June at Sirmium in
the year of the consulship of Eusebius and Hypatius.-May 28, 359.2
Emperors Theodosius, Arcadius, and Honorius Augustuses to Addeus, Count and Master of Both Branches
of the Military Service.
Indeed, the governor4 of the Province of Augustamnica
deserved to be condemned along with his office staff, on
account of the insult inflicted upon the duke.' But this
type of judgment ought not to have been usurped by the
office of Your Sublimity, since the Illustrious prefecture'
always has cognizance of all cases concerning a judge
ordinary.7
2.
Given on the second day before the ides of January at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-anuary (June) 12, 393.
3. Emperors Arcadius and Honorius Augustuses to Stilicho, Master of Soldiers.

Just as to the Most Noble counts and dukes of the different provinces and frontiers, so also to the Respectable
Count of Africa shall be sent chiefs of their office staffs
and accountants from the office of the master of soldiers,8
under the condition, however, that each person who has
been appointed shall not doubt that when he has performed
the duties of his office within Africa for the space of a
single year, an accounting will have to be rendered by him
to the State, both of his official acts and of the fidelity
which he has shown.
Given on the ides of September at Milan in the year of the fourth
consulship of Honorius Augustus and the consulship of Eutychianus.
-September
13, 398.
4.9 Emperors Honorius and Theodosius Augustuses to

Hypatius, Master of Soldiers throughout the Orient.
By the authority of the sacred imperial rescripts, the
apparitors of the office of Your Excellency must not be
dragged before any other court, even though any person
has obtained permission from Our Clemency, either by
asserting or by suppressing the truth.x0 Therefore, Your

Illustrious Magnificence shall know that the apparitors of
your office must litigate before you, whether they are
prosecuted in civil or in criminal cases.
Given on the ides of December at Constantinople in the year of
the consulship of the Most Noble Constantius and Constans.-December 13, 414.
TITLE 8: THE OFFICE OF QUAESTOR' (DE

OFFICIO QUAESTORIS)
Florentius, Master of Soldiers.
We have learned from the report of the Illustrious
Quaestor Eustathius that the provostships' have been removed from the lesser register4 by an innovation of certain persons. Now that the original practice has been transformed into another custom, it is Our will that it should
not be completely reestablished. But We order that forty
provostships shall be restored to the lesser register 4 in accordance with the arrangement 5 thereof as written below,
so that henceforth these provostships shall be issued from
the bureau of memorials. The office of Your Sublimity
shall observe that it shall not appropriate to itself any of
the aforesaid number, whereby it may keep partly undisturbed the aforesaid custom which had been changed contrary to rule.6
J.2
Given on the ides of October at Constantinople in the year of

the tenth consulship of Honorius Augustus and the sixth consulship
of Theodosius Augustus. Copies to Sapricius, Master of Soldiers,
Helio, Master of Offices, and Eustathius, Quaestor.-October 15,
415.
Emperor Theodosius Augustus to the Illustrious Sallustius, Count and Quaestor.

You shall know that the supervision of the entire register" is the responsibility of Your Sublimity, so that by
your judgment appointments to dignities of the entire
lesser register,' that is, to all the provostships, the tribunates, and the prefectures, shall be issued henceforth from
the bureau of memorials, according to the ancient custom,
under the authorization of My Clemency.
2.7
Given on the seventh day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Victor.April 25 (26), 424.
successor was Helpidius. This one constitution in CTh was issued

to Hermogenes; five were issued to Helpidius: 7, 4, 4, December
29, 358, at Dorida; 7, 4, 5, March 14, 359, at Constantinople; II, 24,
3.9 The same Augustus to Helio, Count and Master of

Offices.
With reference to all dignities of the lesser register4 of
offices, which appear to have been formerly under the
supervision and responsibility of the Illustrious quaestor,
but later either all or half of which were tranf erred to the
control and disposition of the master of soldiers, it has
now pleased My Clemency to renew the custom of ancient
times by recalling these dignities henceforth to their original status.
February 4, 360, at Constantinople; 7, 4, 6, May 17, 360, at

Hierapolis; 8, 5, II, November 16, 360. On March 14, 359, Con-
Given on the third day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Victor.-April
1 CJ
2
I, 29.
Hermogenes was Praetorian Prefect of the Orient in 359 and
died while Prefect in 361, Amm. Marcell. ig, 12, 6; 21, 6, 9. His
T,
stantius was at Sirmium and CTh 7, 4, 5, should be dated 360 or

361. Hence it is probable that Amm. Marcell. was mistaken and that
Hermogenes died in 359 or 360.
3
1, 5,
29, 424.
10 Or: by asserting (a lie) or by suppressing the truth.
4 corrector.
1o.
5 An obscure reference.
6 The praetorian prefect, I, 5, 1o.
7 The governor of the province, who is called corrector above.
9 CJ I, 29, 2.
8magisteria potestas.
20
1 CJ , 30.
4 minus laterculum.
7
I,
8,
I;
CJ
I, 30,
1.
1,
8, 2.
5 Not extant.
8 laterculum.
s praepositurae.
6 ratio, reason, rule.
9 CJ I, 30, 2.
The Office of Count of the Sacred Imperial Largesses

TITLE 9: THE OFFICE OF MASTER OF OFFICES' (DE OFFICIO MAGISTRI OFFICIORUM)
i.2 Emperors Constantius Augustus and Julian Caesar to
the Secret Service."
All persons who are of unworthy birth status and of
the worst character, and who have aspired to or have been
transferred to the department 4 of the secret service' shall,
upon investigation by the Most Noble count and master of
offices, be removed from your society, in order that you
may thus be able to enjoy the privileges which were formerly granted to you. i. Furthermore, no person through
patronage' shall attain to the office of ducenarius, of centenarius, or of biarch, but each one shall arrive at it by his
labor and by using the testimony of all. 6 But he shall acquire the position as chief of office staff by his position
on the office register,7 so that those persons shall go out as
secret confidential agents8 and as supervisors of the public
post 9 who are called thereto by their order in the imperial
service and by their labors.
2. Furthermore, since the status of the whole department4 of the secret service' and the security of the master"o
rest upon the assistant of the office staff, he shall be a man
who is suitable by reason of his uprightness of character
and who is endowed with worthy accomplishments, as is
shown by the testimony of the whole department.4 He
shall be presented to Our scrutiny by the master,' 0 in order
that he may be appointed by Our authority. License shall
be granted to all persons to protest if anyone should attempt to violate this law.
Given and posted at Rome in the Forum of Trajan on the kalends
of November in the year of the consulship of Eusebius and Hypatius.
-November I (October 31), 359.
2.11 Emperors Valentinian, Theodosius, and Arcadius Au-
gustuses to Principius, Master of Offices.

It is wrong for higher positions to be demanded or expected by persons of lower degree. Therefore, no person
shall ask of Us that any member of the secret service
shall be associated with a higherl 2 branch of the imperial
service, unless Your Acceptability should indicate that he
ought to be approved, and provided that it appears that
the candidate1 3 is preferable in rank. i. But no person
shall reverse the established order and terms of service of
the imperial service, even though he should produce a special grant"' of Our Divinity that has been surreptitiously
obtained; and if he should be proved to have presented
such a document,'- he shall be returned to the place from
which he had improperly elevated himself. Thus a person
shall precede the others in rank if his longer periods of
service or more extensive labors have caused him to advance.
Posted at Hadrumetum on the seventh day before the ides of
March in the year after'6 the first consulship of Arcadius Augustus
and the consulship of the Most Noble Bauto.-March 9, 386; 385.
1 CJ I, 31.
2 6, 29, 3-5; CJ 1, 31, 1.
3 agentes in rebus, government agents.
4 schola.
5 I, 6, 12, n. 47.
6 His associates.
7 matricula decurrente, as the list runs, by seniority of service.
8 ad curas agendas.
cursus, that is, cursus publicus?
10 magister, that is, master of offices?
12 Reading potiori with M.
I' CJ I, 31, 2.
13 Ietitor, claimant.
14 indultum, Min. Sen., n. 25.
15 forma.
16 1, 2, 12, n. 33.
1-10-3
3. Emperors Arcadius, Honorius, and Theodosius Augustuses to Aemilianus, Master of Offices.

Your Magnificence shall supervise the official register of
the department of the secret service3 by Our authorization,
and by careful investigation you shall arrange that the energetic shall be preferred to the lazy, those who are always
present, to the absentees and to those who perpetually have
leisure for their own affairs. Those also whom their own
worth along with Our generosity has honored with advancement in rank or has made worthy of honor shall obtain a fitting permanence in the rewards granted to them,
in order that each diligent person shall be set apart from
the ignoble throng of the multitude and shall devote himself to Our service, since he is ennobled by his labor no less
than by his birth.
Given on the kalends17 of August at Ancyra in the year of the

second consulship of Stilicho and the consulship of Anthemius.August I (July 23), 405.
TITLE 10: THE OFFICE OF COUNT OF THE

SACRED IMPERIAL LARGESSES' (DE OFFICIO COMITIS SACRARUM LARGITIONUM)
Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius, Praetorian Prefect.
We order that strenuous palatines shall be assigned to
the several regions and that they shall employ such sagacity
in all cases that not only shall a person2 not be allowed to
leave a province who is unable to prove by the most reliable documents that the regular tax' of his own administration has been exacted, but also, when the cognizance
of Our Clemency has been informed, We shall decree that
he must be punished by a very severe penalty.
i.
Given on the third day before the nones of July at Viminacium in

the year of the consulship of Syagrius and Eucherius.-July 5, 381;
382.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Trifolius, Count of the Sacred Imperial Largesses.
The palatines in great numbers shall always assist the
judges ordinary4 as monitors in exacting payments of the
largess accounts; then, if any person should be found to
be too remiss in this duty, each judge,4 after his term of
office is completed, shall be detained by the palatines within
the province which was administered by him, until he exacts payment of that which is due.5
2.
Given on the seventh day before the ides of April at Constantinople in the year of the consulship of Arcadius Augustus and of
Bauto.-April 7, 385.
3. The same Augustuses to Florianus, 6 Count of the Sacred

Imperial Largesses.
In all lawsuits you shall give your attention to the cognizance of the controversy, in such a way that you shall
conduct the trial by extraordinary procedure, speedily and
without regard to statutory time limits, when reason shall
so permit, and on the other hand, more strictly, if justice
17
On the tenth day before the kalends: 6, 34, 1.
1 CJ I, 32.
2 An administrative officer, especially a governor.
3 canon.
4Governors of provinces.
5 To the State, such as taxes.
6Florentius? Florentinus? To, I, 3; II, 30, 46;
II, 36, 30.
E 21 ]
110*3
The Office of Count of the Sacred Imperial Largesses
should so persuade, and you shall know that a definitive

decision must be pronounced.
Given on the fifth day before the kalends of December7 in the

year of the first consulship of Arcadius Augustus and the consulship of Bauto.-November 27 (25), 385.
4.* The same Augustuses to Severinus, Count of the Sacred

Imperial Largesses.
We have learned that, although the prefect of the City'
was not consulted and was in absolute ignorance of the
matter, merchants have been seized and hurried off to punishment; they have had physical injuries inflicted upon
them; they have been despoiled besides by the severity of
a heavy fine.
i. Since, therefore, you must recognize that all kinds of
guilds that are operative in the City of Constantinople, and
likewise all citizens and common people,10 are governed by
the administration of the urban prefecture, if, perchance,
an investigation of the fisc should demand the person of
anyone or a similar invidious activity should hereafter
overwhelm any of the aforesaid persons, such person shall
be prepared for the trial of his case, not through the palatine office staff, but through the apparitors of the office of
the City 9 prefect. He shall be conducted to that judge"
who has jurisdiction over the whole City, in order that he
can be heard by this judge," or if necessity should so persuade, he may be transferred to your court at your request.
Given on the seventeenth day before the kalends of May at Milan
in the year of the consulship of Tatianus and Symmachus.-April
'5, 39'.
5. Emperors Arcadius and Honorius Augustuses to Anthemius, Count of the Sacred Imperial Largesses.
Because certain persons complain that they have been
wrongfully dismissed1 2 through the remissness of the
judge, We order that all who are comprised in the number
of those thus wronged must be restored to their due
positions.
We further order that those persons who wander
through the provinces without leave or without any necessity of public duty shall be delivered to you for examination. They shall be smitten with a condemnation in accordance with the judgment of Your Excellency, and then
they shall be removed from the imperial service by the
authority of your sentence, as it shall seem best to you.
But if any persons should aspire to this imperial service
who have abandoned the service of a gubernatorial office
staff, they shall be prohibited from entering the imperial
service which they wrongfully sought.
Given on the seventh day before the kalends of September at
Constantinople in the year of the consulship of Stilicho and Aurelianus.-August 26, 400.
6.'. The same Augustuses to Hadrianus, Praetorian Prefect.

In the exaction of largess accounts, the insistence of the
7 On the seventh day before the kalends of December at Aquileia,
n. 6.
8 I, 5, 8; 9, 27, 7; CJ 1, 28, 4. The count of the largesses had apparently employed severe measures for the collection of taxes and
other fiscal dues. The author of this constitution was Theodosius,
Emperor of the eastern part of the Empire, who was in Milan on
this date. M.'s note is incorrect. See Min. Sen., n. 21.
10 populares.
9 Constantinople.
11 The prefect of the City. Cf. I, 5, 8.
12 Apparently from employment in the imperial service.
13 CJ io, 16, II.
E 22
palatines shall exert pressure upon the judges'1 4 according

to the ancient custom. For they appear to be sent out for
this purpose only, that they may threaten the governors"
by their vigilance. (Etc.)
Given on the third day before the kalends of March at Milan in
the year of the consulship of Vincentius and Fravitus.-February
27, 401.
The same Augustuses to Limenius, Count of the
7."
Sacred Imperial Largesses.

We decree that the regulation must be observed that two
palatines shall be dispatched through each of the provinces
every year of the indiction, with the provision that a fine of
a pound of gold per person shall restrain each of the assistants of the office staff if they should neglect the prescriptions of Our law or if they should dispatch those persons
who are unsuitable. i. This duty must be their1 7 especial care,
namely, that they shall dispatch imperial secretaries'8 at their
own risk and institute complaints against the negligence of
judges 4 if the situation should so demand, in order that their
inactivity may not go unpunished. 2. The judges 4 also must
report the names of those persons whom they discern to
be striving for their own advantage rather than for the
public welfare. 3. They shall know also that the quadrimestral' tax lists must be dispatched to the palatine office and
that the gold which has been collected shall be sent without
any delay to the sacred imperial largesses.
Given on the third day before the kalends of March at Milan in
the year of the consulship of Vincentius and Fravitus.-February
27, 401.
8. Emperors Theodosius and Valentinian Augustuses to

Volusianus, Praetorian Prefect.
A palatine shall not perform the duties of any public
service more than once within the same province, but the
report of the assistant of the office staff, registered in the
public records, shall clearly indicate both the name of the
palatine and the fact that no service has been entrusted
to him hitherto in the same province to which he is to be
dispatched. But if a palatine should be sent to a province,
although such formality has been disregarded or although his service would be a repetition,2 o a penalty of
thirty pounds of gold shall be inflicted upon the assistant,
the primate, and the assistant chief of the office staff, and
they shall not be permitted by any chance to make use of
the pretext that duties within a province can be assigned to
the same palatine, provided, however, that they are not the
same duties. 2 1 For the same palatine is not permitted to
administer a second time any public service within the
same province.
Certainly, the palatines shall know that they shall have
nothing in common with the provincials. Indeed, they must
urge the judges 1 4 and if there should be any discrepancy
between the tax lists 22 which they bring to the province and
those which the registrars of the province produce, the
The governors of the provinces, the judges ordinary.
15 rectores, the judges mentioned above.
17 Of the palatines.
16 CJ I, 32, 1.
18 Reading notariis with M. The ms. has notoriis, written instructions.
19 breves quadrimenstrui. The tax rolls for each period of four
months, since taxpayers were allowed to pay in three installments
14
per annum. II, 25.
Of one previously performed in the province.

Which he previously performed.
22 breves.
20
21
1-12-2
The Office of Proconsul and Legate

governor 23 of the province shall admit to his council five
dignitaries 24 from the province and shall judge between the
lists of the palatine and those of the registrar of the
province. When the trustworthiness of the tax lists has
been investigated, he shall order the collection of taxes to
be accelerated, or else he shall be subject to the severity
of the ancient laws. Certainly, the governors 23 of the
provinces shall know that absolutely no part in the collection of taxes pertains to the palatine office and no assistance shall ever be furnished to them. But a palatine
shall not press the tax receiver or the registrar of the
province, and he shall not demand of the tax receiver
the amount of the receipts, nor of the registrar the tax
lists containing the names, 2 5 since all of this is the responsibility of the judge.
Furthermore, We order that no assistance from the
palatine office shall be given to the counts of the tax
accounts, 26 if at any time a matter of necessity should
require that they be sent to a province, but provincial
apparitors alone shall render service to them; and a penalty of twenty pounds of gold shall be inflicted upon the
count of the tax accounts 26 and the palatine office if anyone of the palatines should be attached to any count of
the tax accounts. 26

Given on the third day before the kalends of March at Ravenna
in the year of the consulship of Felix and Taurus--February28,
428.

PRIVY PURSE' (DE OFFICIO COMITIS REI
PRIVATAE)
1.2 Emperors Arcadius and Honorius Augustuses to Minervius, Count of the Privy Purse.
The validity of sureties8 and pledges' shall endure,
and landholders shall continue in the same sort of leases
which they now hold. But the collection of all the revenues
of estates of Our privy purse and from lands leased in
perpetuity shall revert to the charge of the palatines and to
the offices of the fiscal representatives, and nothing at all
concerning collection of revenues thus restored, that is, the
revenues of perpetual leases or5 of the estates of the most
sacred imperial household, shall pertain to the judges
ordinary' i. Moreover, the office staffs of the judges
ordinary 6 shall remember that no slight loss threatens their
own fortunes unless they provide for the collection of all
delinquent taxes of past time, which have been left with
the chief tenants7 through the inactivity and connivance of
the judges themselves.
Given on the tenth day before the kalends of January at Milan
in the year of the consulship of Caesarius and Atticus.-December
2.9 The same Augustuses to Firminus, Count of the Sacred

Imperial Largesses.
From the younger Valentinian of sainted memory the
order was surreptitiously obtained that license should be
denied to the offices of the judges ordinary' to sue the
overseers or chief tenants7 of the imperial domains. Therefore, from that time the charge of exacting payment of
fiscal debtors has been transferred to the fiscal representative of the privy purse. i. However, to this useless innovation of that regulation the provision also was added that
if any crime should be committed upon the estates of Our
privy purse, which, because of its atrocity, no authority
was able to avenge unless girded with the sword, the means
are not extended to the judges ordinary 6 to compel the appearance"o of the defendants unless they are escorted and
defended by the imperial overseers." By this sanction We
prohibit this regulation to be enforced hereafter.
Given on the ninth day before the kalends of June at Milan in the
year of the fourthl 2 consulship of Honorius Augustus and the consulship of Eutychianus.-May 24, 398.
TITLE 12: THE OFFICE OF PROCONSUL AND

LEGATE' (DE OFFICIO PROCONSULIS ET
LEGATI)
i. Emperor Constantine Augustus to Aelianus, Proconsul
of Africa.
You must hear publicly all civil suits, especially those
which are more celebrated in fame, and also criminal cases.
You must order the proceedings' to be concluded on the
third day, or at the latest on the fourth day, or at any rate,
on the fifth. Legates also shall be admonished and shall
observe all these rules under compulsion.
Given on the third day before the kalends of November at Trier
in the year of the fourth consulship of Constantine Augustus and
of Licinius.-October 30, 313-315; November 8, 313.3
The same Augustus to Proculus.4

It is to the interest of the public discipline, and it likewise befits the proconsular dignity, that you should bring
under your power the administration and cognizance of the
collection of the public revenues, and likewise the admin2.
istration and cognizance of all other matters, in such a
way that you shall not be content with the prepared reports
and fraudulent statements of the apparitors. But you shall
acquaint yourself with the administration of the judges

themselves and the depositions of the prefect of the annona
and those of the fiscal representatives, as to whether5 the
aforesaid prepared reports are trustworthy. For thus it
will be possible to give relief to the provincials against unjust exactions.
23, 397.8
Given on the seventh day before the kalends of Januaryin the year
of the fifth consulship of Constantine Augustus and the consulship
moderator, the judge ordinary.

honorati, men of high rank who are holding office or who have
held office.
25 nomina, the accounts of the delinquent taxpayers.
26 CoMiteS tituiorum.
of Licinius Caesar.-December26, 319.
23
24
1 CJ
1, 33.
2 CJ I,
33,
2.
3 fidejussores.
4 subsignationes, pledges, mortgages, sealed covenants.
5 M. deletes: or.
6 Governors of provinces.
7 conductores, leaseholders.
8 The date is doubtful on account of the uncertainty of the dates
of the counts of the privy purse.
10 In court.
CJ ii, 74, 1.
'I actores, business managers, overseers.
12 The seventh, Kr.; but cf. II, 19, 4; 2, I, II;
CJ io,
19,
6.
1 CJ I, 35.
2 acta, legal proceedings, trial, including the compilation of records.
3I,
12, I; I, 12, 3; 8, 10, I; 9, 34, 2; 10, 15, I; 11, 1, 2; 11, 7, 1;
II, 36, 3, and M.'s long note.
4
4, 16, I; 4,
21,
1. Proculus
was Proconsul of Africa.
9 The
text is uncertain. M. suggests: For thus, if the aforesaid...

trustworthy, it will be possible.
23
The Office of Proconsul and Legate
1*12*3
3.6 The same Augustus to Aelianus, Proconsul of Africa.

Legates shall hear not only civil, but also criminal cases,
with the provision that, if they see that a decision ought
to be rendered against the defendants,7 they shall not delay
to transfer such defendants to the proconsul. This, indeed,
must be observed by all judges that after they have
reckoned the statutory time in which the necessary pleadings and documentary proofs" of a criminal case can be
made ready and presented, they shall visit swift punishment upon the guilty and grant an early acquittal to the
innocent.
Given on the kalends of October in the year of the consulship of
Constantine Augustus and of Constantius.-October 1, 313; 320;
November 8, 313.
4.9 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Flaccianus, Proconsul of Africa.
It is Our will that no decurions or any person born of
plebeian stock shall be attached to the office staff which
serves Your Excellency. If there should be any such
persons among your apparitors, We order that they shall
immediately be restored to the compulsory public services
to which they are obligated. We permit the sons of veterans to enter the imperial service"o on condition that, although they are of a different status, nevertheless, they
may keep the paternal lot" under the official cincture of an
inferior rank.
Given on the nones of October at Constantinople in the year of
the third consulship of Theodosius Augustus and the consulship of
Abundantius.-October7, 393.
5.12 Emperors Arcadius and Honorius Augustuses to Simplicius, Proconsul of Asia.
The office staff of the Governor" of the Hellespont approached the father of Our Serenity, of everlasting memory, set forth the special disadvantages to which it was
subjected by the apparitors of the vicars, and prayed that
it might serve under the power of Your Sublimity. The
pious Emperor was very willingly moved by the modest
allegations of this office staff."4
Given on the eighth day before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the consulshiP5 of Honorius Augustus.-March 25, 396.
6.16 The same Augustuses to Victorius, Proconsul of

Africa, and to Dominator, Vicar of Africa.
For your office staff and that of the legates, We decree
that four hundred apparitors shall be assigned from those
persons only whom the members1 7 of any municipality do
not complain of as having been withdrawn from them;
provided that if any person by the vice of rash lawlessness
should exceed this quota, the remissness of the judges
shall be punished without delay by a fine of five pounds
of gold each;" the office staff, moreover, shall be punished
by a fine of ten pounds of gold each."' i. If any person,
therefore, from a municipal council or from any other
12, I; CJ I, 35, I.
7 rei, defendants, criminals, guilty persons.
6
1,
8 instructio.
9 CJ 12, 55, I; St. Augustine, De Civ. Dei 18, 23.

11 Status.
10 That is, the civil service.
12 CJ I, 35, 2.
18 Consularis.
14 M. suggests: Emperor, who very willingly decides things humanely, was moved by the allegations.
16 CJ 12, 55, 2.
15 The third, Kr.
17 membra, the important persons, essential persons, as senators
and guildsmen.
18 M. suggests: gold for each person admitted.
24
group'" should be found in an office staff, he shall be

returned to his original birth status. 2. But if there should
be any persons beyond the statutory number who are free
from every bond, since neither municipal councils nor
guilds chance to vindicate them, they shall perform the
compulsory public services of your court and office,2 o provided that the same number of subsistence allowances as
has hitherto been maintained shall remain for the statutory number of your office staff.
Given on the twelfth day before the kalends of June at Milan in
consulship of Eutychianus.-May 21, 398.
7.21 The same Augustuses to Messala, Praetorian Prefect

and Prefect of the Annona.
(After other matters.) We decree that the ancient
custom of exacting payments shall be preserved in the case
of all annonarian and superindictional regular taxes, so
that after the removal of all tax collectors who until now
have been dispatched from different offices contrary to
custom, the proconsular office shall demand that which
it has been accustomed to exact, and it shall not insolently
intrude upon the functions of others. (Etc.)
Given on the third22 day before the kalends of October at Altinum

in the year of the consulship of the Most Noble Theodorus.-September 29, 399; September 28, 400.
8. The same Augustuses to Pompeianus, Proconsul of

Africa.
We restrain the perverted license of judges by such
barriers of severity that if any of the proconsuls, 2" as though
ungrateful for Our benefits,24 should delegate his own
power to his legate, he shall be punished by a fine of thirty
pounds of gold, and the same penalty shall be inflicted
upon his legate. A like penalty shall restrain the primates
of his office staff also, unless they oppose those persons
who confer illegal powers as well as those who corruptly
solicit 25 them.
Given on the day before the kalends of January at Milan in the
year of the consulship of Stilicho and Aurelianus.-December 31,
400.26

ORIENT' (DE OFFICIO COMITIS ORIENTIS)
i. Emperors Theodosius, Arcadius, and Honorius Augus-
tuses to Rufinus, Praetorian Prefect of the Orient.

On the office staff of the count of the Orient there shall
be kept no more than six hundred apparitors who, We
have learned, are so abundantly sufficient for the necessities that through them the exactions of payments due
from Our patrimonial landholdings throughout the Orient
may be expedited.
Given on the third day before the kalends of June2 at Heracleain
the year of the third consulship of Arcadius Augustus and the second
consulship of Honorius Augustus.-May 30 (2o), December 3o (2o),
394.8
19 corpus, group, guild.
20 M. suggests: services of your office at your discretion.
21 1, 5, 12 and n. 31; CJ 12, 55, 3; 12,
58, 2.
22 The fourth, n. 21.

28 The judges and the proconsuls are the same in this case.
24 The translation is conjectural.

25 1, 6, 12, n. 47.
268, 1o, 3; 9, 26, 2; II, I, 28; 12, 6, 27; 12, 1, 166;
13, 1, 18.
1 CJ I, 36.
3 8, 4, 18; 12, I, 139;
2 January, according to the ms.
CJ
12, 56, I.
1-15-6
The Office of Vicar

TITLE 14: THE OFFICE OF AUGUSTAL PREFECT' (DE OFFICIO PRAEFECTI AUGUSTALIS)
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Florentius, Augustal Prefect.
We order your office and the offices of the competent
judges to exact all tribute3 throughout the provinces of
Thebais and Augustamnica, to receive this tribute' and
finally to compel its payment, provided that if there should
be any military landholders' in the aforesaid provinces,
their tribute3 shall be exacted only by the military office
staff. If there should now exist any of Our provincials
who are audacious 5 about making payments that are due,
you shall report them to Our Clemency, in order that,
when We so order, their tribute- may be exacted by armed
soldiers.6
Given on the thirteenth day before the kalends of March at Con1
stantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-February17, 386
2.8 Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
The augustal prefect shall have the power to investigate
the shameful misdeeds of the judges ordinary 9 who are
under him and to refer the cases to Us, but he shall not
have the power to remove or punish them.
Givenlo on the day before the nones of December at Constantinople
in the year of the consulship of Olybrius and Probinus.-December
4, 394-395(?).
TITLE 15: THE OFFICE OF VICAR' (DE OF-
FICIO VICARII)
i. Emperor Constantine Augustus to Silvius Paulus, Mas-
ter 2 of Italy.
(After other matters.) In order that Your Gravity, occupied as you are with other duties, may not be burdened
with a huge mass of such3 rescripts, it is Our pleasure to
enjoin upon Your Gravity those cases only in which a
more powerful person can oppress an inferior or lesser
judge or cases in which a matter arises of the kind that is
not permitted to be terminated in the court of the governor,4 or cases which, although they have long been
handled by the aforesaid governors,4 must now be terminated before you.
Given on the fifth day before the kalends of March at Nicomedia
in the year of the consulship of Paulinus and Julianus.-February
25, 325.
2
CJ I, 37.
CJ I, 37, 1.
3 tributum, used here as a general term for taxes and other pay-
ments, such as rentals and imposts, that are due the State.
4 militares possessores, primarily veterans.
5 audax, audacious in making or refusing to make payments, obstinate, perverse.
6 castrenses milites.
7 Min. Sen. n. 3.
CJ I, 37, 2.
9 The governors of provinces.
10 Posted, Seeck, Regesten 87, 24. Rufinus was executed on October 27, 395, and was succeeded as praetorian prefect by Caesarius.
Hence there seems to be an error in this date, as well as in io, 6, I;
16, 5, 27.
1 CJ I, 38. The vicars (vicarii, representatives) were representatives of the praetorian prefects and might at times act in their stead.
2 Mag. in the manuscript. This title is uncertain. Clossius conjectures Vic., Vicar.
3These words refer to words in the original constitution that were
omitted by the compilers of the Theodosian Code, Min. Sen. n. 49.
4 praeses. The judge and the governor were the same in this constitution, since the governors were the judges ordinary.
Emperor Constantius Augustus' to Caesonianus, Vicar

of Africa.
Your Sublimity shall receive and quickly make known
to Us the references of cases 6 to Us by the judges who
govern the provinces, and likewise such references by the
fiscal representatives and by all others who desire to have
any matter referred' to Our Wisdom.
2.
Given on the fourth day before the kalends of October in the year
of the consulship of Philippus and Salia.-September 28, 348; December 357.7
8
3. The same Augustus to Ilicus, Governor of Numidia.
When the governors" of the provinces wish to refer 6 any
matter to Us, this matter shall be referred first to the vicar,
to whom written instructions have been given that he shall
receive the reports"o and references' of the official messengers," which are to be transmitted to My imperial
court, and that he shall perform that which he sees ought
to be done. Indeed, in this way, in addition to other advantages, the public post will be strengthened by great
relief.12
Given on the third day before the nones of December at Sirmium

in the year of the sixth consulship of Constantius Augustus and the
consulshipl3 of Constans Caesar.-December3, 353; 352; 357.7
4. Emperor Julian 4 Augustus to Mamertinus, Praetorian

Prefect.
Your Sublimity shall notify the governors" of the provinces that they shall know that the vicars must participate 5
in all things about which the governors9 suppose that
reference" ought to be made to Us and to your knowledge.
Received on the eighth day before the ides of June in the year of
the consulship of Mamertinus and Nevitta.-June 6, 362.
5. Emperors Valentinian and Valens Augustuses to Dracontius, Vicar of Africa.

The office staff of the vicar of the prefecture' throughout Africa shall be so limited in number that it cannot
exceed three hundred, just as We have prescribed in the
cases of the other vicars.
Given on the eighth day before the kalends of February at Milan
in the year of the consulship of Valentinian and Valens Augustuses.
-January 25, 365.
6. The same Augustuses" to Crescens, Vicar of Africa.

Whenever any tax gatherer,1 7 or tax receiver, or any
registrar is asserted to be liable because of his accounts
or because of fraud, no apparitor shall be dispatched to
compel his appearance, but the investigation of the matter
shall be entrusted to the governor 9 of the province. i.
5 Should be: Emperors Constantius and Constans Augustuses.
6 relationes, references of cases, official reports, I, 2, II, n. 29.
Seeck, Regesten 95.

8 Italicus? Cf. CIL 7012, 7013.
9 rectores, the judges ordinary.
1o suggestiones, official reports with recommendations.
11 Reading prosecutorum with Kr. Or: through the official mes7
sengers, reading per prosecutores with Wenck and M.
Since the use of the post will thus be less.

The second, Kr. Since Constantius was not at Sirmium in
353,
M. suggests: on the third day before the nones of March in the year
of the fifth consulship of Constantius Augustus and the consulship
of Constans Caesar: March 5, 352. He would give the same date for
12
1s
1o, lo, 8.
14 The ms.
has Constantius Augustus, but Mamertinus was made

praetorian prefect after the death of Constantius on November 3, 361.
15 As intermediaries?
16 And Gratian Augustus.
17 allectus, apparently the equivalent of susceptor, tax receiver,

or
it may mean a supplementary tax receiver.
[ 25 ]
The Office of Vicar

However, as soon as Your Sincerity has entered a province, you shall inquire carefully how much diligence and
efficiency the judge ordinary4 has bestowed upon the duties
enjoined upon him. When anyone of them has been discovered who has not fully conducted an investigation and
attended to the satisfaction of those accounts" concerning
which he had been instructed, it shall be fitting that he
undergo a severe judgment, suitable as a warning for his
neglect of the public welfare.
Given on the fourth day before the kalends of March at Trier in
the year of the consulship of Modestus and Arintheus.-February
27, 372.
7." Emperors Valens, Gratian, and Valentinian Augus-
tuses to Antonius, Praetorian Prefect.

In civil cases the vicars must be preferred to the counts
of soldiers; in military cases, the counts must be preferred to the vicars, and when they happen to be associated in judging a case, the vicar shall be considered to hold
the higher position,20 and the count shall be attached as an
adjunct. Since, indeed, the honor of the prefecture takes
precedence of all other dignities, the dignity of vicar' by
its very name indicates that it assumes a part of the prefecture, 21 that it has the power of the sacred imperial
cognizances, 22 and that it is accustomed to represent the
reverence of Our judgment.
Given on the eighth day before the ides of January in the year of
the fourth consulship of Gratian Augustus and the consulship of
Merobaudes.-January6, 377.
8.23 The same Augustuses to Hesperius, Praetorian Prefect.

The references' of cases to the Emperors by the vicars,
whenever necessity occasions them, shall be conveyed to
Our Clemency. For even though there are very many
questions to which your illustrious judgment can also give
a response without consulting Us, nevertheless We know
that there are a considerable number of problems which
cannot be solved except by the authority of the imperial
oracle, 24 and We gladly hear the references' of the judges,
in order that the authority of the administrators may not
appear to be diminished if We should repel their consultations" from Our shrines25 as though they were supplications of the profane.
Given on the twelfth day before the kalends of February in the
year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-January21, 377; 378; 379-"
9. Emperors27 Valens, Gratian, and Valentinian Augustuses

to Alypius.
The office staff of Your Laudability shall supervise all
accounts"8 of the largesses, with especial care and at their
own risk, in accordance with the ancient custom, so that
certainly after this regulation, your office shall not be able to
18 tituli, usually tax accounts.
20
Given on the kalends of June at Trier: June (January) I. Received on the nones of July in the year of the sixth consulship of
Valens Augustus and the second consulship of Valentinian Augustus.
-July (January) 7, 378.
10. Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius.2 "

The right to enter the Proconsular Province29 shall be
denied to the Vicar of Africa, and only for the purpose of
holding a council shall entry into the municipality of
Theveste be open to him. Moreover, the prefect of the
annona29 shall rigorously urge the exaction of the regular
tax.
i. The office of Your Sincerity shall collect the clothingo
due to the largesses, a duty to which the fiscal representative shall also vigorously apply himself; provided, however, that both urgency in making the exactions and the
odium resulting from fraud shall primarily rest upon your
apparitors. 2. Of course, the apparitors of the vicar of the
prefecture3 shall supervise the imposts32 established at
Carthage.
Posted at Carthage. Given on the seventh day before the kalends
of September in the year of the consulship of Auxonius and Olybrius.-August 26, 379.
The same Augustuses to Justianus, Vicar of the

Pontic Diocese.
We have learned that the secretaries of the office staff
which is subject to Your Excellency have again sought
appointment in the imperial service as anciently instituted,
so that after the completion of their service as secretaries of
the office staff, they are joined to the corps of the secret
service. But such practices are opposed by the divine imperial statutes, 34 from which We learn that the secretaries
of the office staff of the Illustrious praetorian prefect also,
and even those of the count of the Orient, are placed in
charge of herds of camels by a regulation of that time.35
It appears in accordance with this regulation that the compulsory service of the various distributions 36 in the City
of Constantinople had been imposed upon the secretaries
of the office staff of all the vicars.
1J.3
Given on the second day before the nones of April at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-April 4, 380.
12. Emperors Valentinian, Theodosius, and Arcadius Augustuses to all Vicars.
Each and every vicar shall know that only three hundred
men each shall be members of the imperial service throughout the dioceses which have been entrusted to them. It
shall be provided that if any persons are obligated to the
municipal councils by the bond of ancestry, they shall be
19 CJ I, 38, I.
M. suggests: the vicar shall first weigh the case.
21 portionem trahere, assumes the role of the prefect.

22 Trials where they represented the Emperor, I, 5, 8, n. Ig.
23 CJ 1, 38, 2.
24 Responses of the Emperor, Min. Sen., n. 61.
25 Since everything connected with the Emperor was divine, his
responses were sacred oracles which were issued from his consistory
as though from a shrine, Min. Sen., n. 15.
26 The inscription and subscription of this constitution, as well as
of 8, 5, 34 and 16, 5, 4, are in disagreement with 15, 7, 3, and I, 32, 2.
In the year after the fourth consulship of Gratian Augustus and the
consulship of Merobaudes, Seeck, Regesten 72.
27 Count of the Sacred Imperial Largesses.
share any blame with the office of the fiscal representative,

from which they shall understand that this duty is alien.
26
28
Praetorian Prefect.
29
Of Africa.
30 As a part of the regular taxes in kind.

s1 Otherwise called simply the vicar, since the vicar was the representative of the prefect, n. i.
32 vectigalia.
33 This constitution is obscure and the translation uncertain. The
text may be corrupt.
34 Not extant.
85 Reading tunc temporis, though sic temporis of the ms. might
mean the same. Or: by the rule of time, after a legally prescribed
period of time, after a designated period of time, reading sic dato eo
spatio temporis with M.
80 Issues, especially of the annona, or dole of bread, 14, 15-17.
1*16-3
The Office of Governor of a Province

returned to the functions of decurions, and no person shall
defend himself from this service under the pretext of some
privilege or by the excuse of old age."
Given on the sixth day before the kalends of November in the
year of the consulship of Emperor Designate Honorius and of the
Most Noble Evodius.-October 27, 386.
13. The same Augustuses to Our Dearest Tatianus, Greetings.
We prescribe that the office of the diocese of Asia,
through the broad expanses of which the boundaries of
eight provinces extend, shall rely upon the services of two
hundred" apparitors.
Given on the fourth day before the kalends of May at Milan in the
year of the consulship of Timasius and Promotus.-April 28, 389.39
14. Emperors Arcadius and Honorius Augustuses to Eusebius, Praetorian Pref ect.
Provision must be made that no fraud shall be perpetrated in connection with the regular tribute of grain in
Africa. Therefore, it is Our will that the Respectable vicar
of Africa shall assume the necessary duties of exaction and
transmission of this tribute in the Proconsular Province.29
Given4 o on the fourteenth day before the kalends of January at

Rome in the year of the consulship of Olybrius and Probinus.-December 19, 395.
15. The same Augustuses to Vincentius, Praetorian Prefect.

We order that the Respectable Vicar of the seven provinces shall exact the delinquent tax payments for past time.
But We decree that payments of the current tribute shall
be expedited by the judges ordinary,4 over whom, however,
the vicar must stand as a constant threat.
Given on the fourteenth day before the kalends of July at Milan in
the year of the consulship of Stilicho and Aurelianus.-June 18, 400.
16. The same Augustuses to Vigilius, Vicar of Spain.

At public salutations absolutely no dignitary, unless he
is clad in his military cloak,4 1 shall greet the vicar who is
in power.4 2 If, therefore, any person should attempt to
violate Our statute, the office staff shall be obligated to pay
a fine of ten pounds43 of gold.
Given on the fourth day before the ides of September at Milan in
the year of the consulship of Vincentius and Fravitus.-September
10, 401.
17. The same Augustuses to Messala, Praetorian Prefect.

It is Our will that the Respectable Vicar of Africa, who
is obligated to administer the entire collection and transmission of revenues, shall act as a constant threat to the
judges,4 that he shall inquire very carefully how much has
been paid in each and every month and what has been
transmitted, and that he shall inflict certain punishment on
those persons whose idleness has been revealed.44 (Etc.)
Given on the third day before the kalends of October at Altinum45
in the year of the consulship of Vincentius and Fravitus.-September
29, 40; September 28, 400.
8 By alleging his old age as a defense.

38 The text may be corrupt, since three hundred apparitors were
assigned to an ordinary diocese, I, 15, 12, and a larger number than
that would be expected for the diocese of Asia.

9 8, II, 5.
40 Posted, M.
41 chlamys.
potestatem, the authority of the vicar: the vicar.

43 I, 6, 9, n. 33.
44 The text is uncertain.
45 Messala was Praetorian Prefect of Italy 399-400. Honorius
42vicariam
was at Altinum September 28, 399.
TITLE 16: THE OFFICE OF GOVERNOR OF A

PROVINCE' (DE OFFICIO RECTORIS PROVINCIAE)
i. Emperor Constantine Augustus to Rufinus Octavianus, Governor 2 of Lucania and Bruttium.
If any person should obtain permission for an extraordinary trial by a prefect or vicar or if anyone has already obtained such permission, you shall not permit his
adversaries3 and the persons necessary to the case to proceed or to pass over' to the office of the prefect or of the
vicar. But you yourself shall try the whole case, with all
parties and persons necessary to the suit present in your
court, within the statutory time limits which you shall
compute from the day on which the case began to be instituted in your court, so that if your decision should be
displeasing to the person who demanded an extraordinary
trial, then only may an appeal, interposed in accordance
with the order of the law,' suspend such decision and effect
a transfer to the competent judge.6
Given on the third day before the nones of August at Trier in the
year of the fourth? consulship of Constantine Augustus and of
Licinius.-August 3, 315; 313.
The same Augustus to Bassus.

The decrees8 of provincials must not be conveyed to the
imperial court before each judge9 has examined and approved them and sealed them along with his report.' 0 If
anything should be done contrary to this regulation, the
statutory punishment shall be imposed.
2.
Posted on the eighth day before the kalends of October at Cagliari in the year of the consulship of Gallicanus and Bassus.-September 24, 3,7; 331.11
3.12 The same Augustus to Felix, Governora of Corsica.
When six months have elapsed, the record books 4 of

all cases shall be transcribed by your office staff and shall
go to the bureau of the most eminent prefecture,15 so that
when these records have been examined and delivered to
Our bureau, it may be disclosed which of the judges9 have
given faithful service and what cases they have thus
brought to a conclusion, in order that the worthy may
obtain a reward and the negligent may incur punishment.
The right is granted to the provincials to appear before
your court to prefer charges of negligence and avarice
against members of your office staff. i. Of course, against
a person who has been corrupted by a bribe or through
1 Brev. I, 6; CJ I, 40.
2 Corrector, the judge ordinary.
8 M. suggests: him and his adversaries.
4 transire,cross the borders of the province. Private citizens were
not allowed to leave a province without permission of the governor.
5 ordo legum, the order prescribed by law.
6 suus judes.
7 The third in 313, Seeck. Cf. 16, 2, 2, M. Trier seems to be a
scribal error.
8 When the provincials wished to petition the Emperor, they met
in an assembly or in council and passed decrees that embodied their
wishes. Delegates were then chosen who conveyed these decrees as a
petition to the imperial court: 12, 12.
9 Governor of the province, the judge ordinary.
10 astructio, organization and documentation of the decrees.
11 The date agrees with the time when Bassus was prefect of the
City, but the contents of the law and the place of publication cannot
be reconciled therewith. Bassus was Vicar of Italy in 326 (9, 8, 1),
but Sardinia was under the jurisdiction of the vicar of Rome.
12 CJ 7, 49, 2.
18 Praeses, the judge ordinary.
14 Of the judge.
15 The praetorian prefect.
E 27
1-16-3
favoritism and has given an unjust decision, revenge shall

be granted to the person whom he has harmed, not only by
means of the loss of reputation,1 4 but also by the liability
of the lawsuit.1 6
Given on the ninth day before the kalends of November at Sirmium in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius Caesar.-October24, 319; 3I8.17
4.18 The same Augustus to Maximus.
If any very powerful and arrogant person should arise,

and the governors" of the provinces are not able to punish
him or to examine the case or to pronounce sentence, they
must refer his name to Us, or at least to the knowledge of
Your Gravity. Thus provision shall be made f or consulting
the interests of public discipline and the oppressed lower
classes. (Etc.)
Given on the fourth day before the kalends of January at Trierls
in the year of the consulship of Januarinus and Justus.-December
29, 328(?).
5. The same Augustus to Secundus,2 0 Praetorian Prefect

of the Orient.
The authority of the judge ordinary, that is, the governor of a province,21 or that of the vicar must act as a
guard to correct wrongdoing.
I. But it is Our pleasure that the apparitors of Your
Eminence and of the office of the vicar shall be removed
from the duty of collecting revenues and that all accounts
shall be exacted through the provincial offices and the
governors. 2 1 For if a collection has not been completed, the
person responsible 22 shall be produced before Our tribunal,
and he shall undergo the risk of capital punishment 3 and
the loss of all his fortune.
Given on the fourteenth day before the kalends of May at Constantinople in the year of the eighth consulship of Constantine Augustus and the fourth consulship of Constantius.-April 18, 329;
362-3; 365.
6.24 The same Augustus to the Provincials.

The governors' shall conduct public trials 25 with their
tribunals crowded by throngs of people throughout the
trials, and when they are about to hear civil controversies,
they shall not hide themselves in their private council chambers so that a litigant cannot impetrate an opportunity to appear before them without a price.2 6 When they have granted
an audience for all cases which have been brought to them
and the frequent announcements of the herald, made in
the usual manner, have found no remaining person who
desires to institute an action, after all public and private
16 Imposed upon the judge.
172, 6, 2.
acts have been completed, the judges shall have the right
to withdraw.
I. Moreover, We grant to all persons the privilege of
praising by public acclamation the most just and vigilant
judges, so that We may grant increased accessions21 7 of
honor to them. On the contrary, the unjust and the evildoers must be accused by cries of complaints, in order that
the force of Our censure may destroy them. For We shall
carefully investigate whether such utterances are truthful
and are not poured forth effusively and wantonly by clients.28 The praetorian prefects and the counts who have
been stationed throughout the provinces shall refer to Our
Wisdom the utterances of Our provincials.
Posted on the kalends of November29 at Constantinople in the

year of the consulship of Bassus and Ablavius.30-November I, 331.
The rapacious hands of the apparitors shall immediately

cease, they shall cease, I say; for if after due warning
they do not cease, they shall be cut off by the sword. The
chamber curtain32 of the judge shall not be venal; entrance
shall not be gained by purchase, the private council chamber shall not be infamous on account of the bids." The
appearance of the governor13 shall not be at a price; the
ears of the judge shall be open equally to the poorest as
well as to the rich. There shall be no despoiling on the
occasion of escorting persons inside by the one who is
called chief of the office staff. The assistants of the aforesaid chiefs of office staff shall employ no extortion on litigants; the intolerable onslaught of the centurions and
other apparitors who demand small and great sums shall
be crushed; and the unsated greed of those who deliver
the records of a case to litigants shall be restrained. I. Always shall the diligence of the governor-I guard lest anything be taken from a litigant by the aforesaid classes of
men. If they should suppose that anything ought to be demanded by them from those involved in civil cases, armed
punishment will be at hand, which will cut off the heads
and necks of the scoundrels. Opportunity shall be granted
to all persons who have suffered extortion to provide for
an investigation by the governors.13 If they84 should dissemble, We hereby open to all persons the right to express
complaints about such conduct before the counts of the
provinces or before the praetorian prefects, if they are
closer at hand, so that We may be informed by their ref erences to Us and may provide punishment for such brigandage.
Given on the kalends of November35 at Constantinople in the year
of the consulship of Bassus and Ablavius.-November I, 331.
INTERPRETATION:
2. Maximus was Praetorian Prefect, 7, 20, 5.

18 CJ I,
19 Apparently Constantine was not at Trier in 328. Possibly this
constitution was received at Trier on this date, or else in January of
40,
27 auctiores processus, more honored processions.

28 clientelae, retainers.
26, 3; 3, 30, 4; 4, 5, 1; II, 30, 16-17; 11,
34, 1
292,
328. Cf. 7, 20, 5.
20 Praetorian Prefect of the Orient under Julian. I, 16, 5; 9, I, 6;

15, I, 3 were issued by Julian in 362 or 363 as may be seen from a
comparison of 9, I, 6 with I, 22, 3, M. Seeck, Regesten 37, suspects
that i, 16, 5 was issued in 365.
21 rector provinciae. M. suggests: province, or yours or that.
22 M. suggests: the judge.
23 Might be either loss of legal status, civic death, or actual physical death. The financial structure of the State was so shaky that the
Emperors were compelled to resort to extreme measures to insure
the collection of taxes.
24 1, 16, 7; CJ 1, 40, 3; 3, 13, 4; 3, 19, 2.
25 publicae notiones, public trials, criminal trials.
26 A bribe.
28
The apparitors of no judges shall
I,
5, 3, n. 8.
31 I, 16, 6 and notes; Brev. I, 6, 1. For the oppression and corruption, see
1,
5, notes i and 30.
The private council chamber of the judge was shut off by a

curtain, which could be raised when public hearings were given. The
venal apparitors could refuse to conduct a litigant before the judge
unless they had received suitable bribes.
33 Of litigants who wished to have their cases brought before the
judge.
3 The complainants, the governors, or both. Such wronged persons were often prevented by intimidation from the prosecution of
their complaints.
-9 See n. 29.
82

dare to be venal or to require a price either for the entrance or for the egress of those persons who come for an
audience" or for litigation. Litigants, both rich and poor,
shall be heard without a price. 2' But if the apparitors
should wish to be rapacious, they shall be punished by the
sword, or at least the story of their greed shall be carried
to the ears of Our Lord.
8." The same Augustus"8 to Secundus, Praetorian Prefect.

There are certain cases in which it is unnecessary to
await the governor" of the province, and therefore We
grant to the governors1 3 the power to appoint petty
judges,"0 that is, judges who shall decide the less important cases.
Given on the fifth day before the kalends of August at Antioch in
the year of the consulship of Mamertinus and Nevitta.-July 28,
362.41
9.42
Emperors Valentinian and Valens Augustuses to Our
Dearest Artemius, Greetings.

The judge9 shall not doubt that there is imposed upon
him an especial duty in hearing and deciding cases, namely,
that he shall not pronounce in the seclusion of his home a
decision concerning the status of men or of patrimonies,4
but he shall hear both civil and criminal suits with the
doors of his private council chambers open and with
everyone called inside, or he shall take his place before
the tribunal, in order that he may not be restrained from
the infliction of a suitable punishment.
Moreover, it shall not be proper for a judge" to be so
devoted to the courting of popular favor and the production of spectacles, that he bestows more attention upon
amusements than upon serious legal matters.
Given on the kalends44 of October at Aquileia in the year of the

consulship of the sainted Jovian and of Varronianus.-October i
(September 19), 364.
INTERPRETATION: The judge shall know that he must
devote especial care in the cognizance of the cases of litigants and shall always employ equity. He shall further
know that he shall not pronounce a final sentence in secret
parts of his house or in some corner, but the doors of his
house shall be open and throngs of people admitted, so
that whatever decision he has rendered in accordance with
the regular procedures of the law and the requirements of
truth shall be concealed from no man.
The same Augustuses to Valerianus, Vicar of Spain.

We forbid written statements of claim4" to be presented
to the judges after they have departed,4 lest they pronounce sentence concerning cases of others" or concerning status when they have withdrawn from the sight of
their office staff" and from the public eye.
10.6
36
occurrentes.
37CIL
3, 459, 14198 (14189); CJ 3, 3, 5.
38 The Emperor Julian. One or more constitutions have been lost,
or else the Codification Commission was careless, I, 1, 2, n. 9.
39 moderator, the judge ordinary.
40 pedanei judices. Cf. I, 29, 2; 2, 9, 8; 2, 1, 8, n. 30.
41
42
Julian had not yet arrived at Antioch in July, 7, 4, 8.

Brev. r, 6, 2. Artemius was Governor (Corrector) of Lucania
and Bruttium, 8, 3,
4
46
Property.
libelli.
1.
4
47
6, 36, 6; 8, 5, 21.
Left the courtroom.
45
Brev. I, 6, 3.
8 alienae causae, cases not subject to their jurisdiction, but subject to that of other judges?
4 The office staff, with its training and experience, usually superior to that of the judge, often served to restrain the judge, I, 6, 9,
n. 33.
1-16-13
Prefixed"o on the sixth day before the ides of September at Verona

-September 8, 364; 365.51
After judges have departed from a

public sitting into their own homes, they shall not accept
any written statements of claim" from litigants nor take
cognizance of anything concerning the cases of others" or
concerning status, without their own office staff.
INTERPRETATION:
The same Augustuses and Gratian Augustus to

Probus, Praetorian Prefect.
The governors" of the provinces shall journey through
the villas5 4 of all persons and all the villages, unobtrusively
and in the usual manner, and of their own accord they
shall inquire from each and every person what any tax
collector has exacted arrogantly or greedily."1 For the person concerning whom any complaint reaches Us shall be
seized and hurried off to the extreme penalty.
11.52
Given on the kalends of April at Trier in the year of the consulship of Emperor Designate Valentinian and of the Most Noble
Victor.-April 1, 369.
INTERPRETATION: The judges of the provinces must attend to traversing the various estates and districts with
careful inquisition, and they shall discern of themselves
in what manner the landholders are treated with respect to
their payments of public obligations. If they neglect to
fulfill their duty in this matter, they shall not doubt that
the complaints of the citizens will be most severely avenged

upon them.
The same Augustuses to Viventius, Praetorian Prefect.
Each judge shall establish his court in those places in
12.
which the governor" ought to be available to all; he shall

not frequent delightful retreats.
I. Indeed, We add that if any person should receive the
governor5 3 of a province on his own landholding, the farm
which the aforesaid governor used as a lodging place on a
journey shall be vindicated to the resources of the fisc. For
thus the judges' will strive to build up and to restore the
post stations.56
Given on the kalends of April at Trier in the year of the consulship of Emperor Designate Valentinian and of Victor.-April I, 369.
13." Emperors Valens, Gratian, and Valentinian Augustuses to Antonius, Praetorian Prefect.
No person shall undertake to enter familiarly the home
of a judge ordinary' in the afternoon for the purpose of
a secret conference, provided that he is of the same province, whether he is known to the judge or unknown, and
although he displays the authority of a high office that he
has held.58
Given on the fifth day before the kalends of August at Mains in
the year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-July 28, 377.
No person, known or unknown, if he

be a man of the same province, shall see a judge in the
midday hours or in secrecy.
INTERPRETATION:
50 praelata, prefixed to the edict or letter of the vicar or of a

governor who posted the constitution for publication. Since Valentinian was not at Verona at this time, Seeck conjectures Gerona,
but this is not necessary.
519, 3, 4.
5
52 Haenel 1, 16, 12; Brev. 1, 6, 4.

praesidentes, the judges ordinary.
6 Great landed estates, including farms and villages.

5 rector, the judge ordinary.
56 mansiones, used as lodging places by travelers.
57 I, 20, I.
* Reading gesti with M.
29 J
1*16-14
14." Emperors Honorius and Theodosius Augustuses to

Theodorus, Praetorian Prefect.
We order the governors" of the provinces to assume
responsibility that the procurators of the powerful do not
commit any wrongful or forbidden acts.3 1
Given on the seventh day before the kalends of December at Ravenna in the year of the consulship of Bassus and Philippus.-November 25, 408.
Judges of the provinces must have

the utmost solicitude that the overseers of the powerful
shall commit no forbidden or unjust acts against persons
of inferior rank.
INTERPRETATION:
TITLE 17 (KR. 18): THE OFFICE OF COMPTROLLER OF THE ACCOUNTS AND OF THE
PRIVY PURSE (DE OFFICIO RATIONALIS
SUMMARUM ET REI PRIVATAE) (KR. XVII,
UT NULLI PATRIAE SUAE ADMINISTRATIO
SINE SPECIALI PERMISSU PRINCIPIS PERMITTATUR,' THE ADMINISTRATION OF HIS
MUNICIPALITY SHALL BE ALLOWED TO NO
PERSON WITHOUT THE SPECIAL PERMISSION OF THE EMPEROR)
TITLE 18 (KR. 19): THE OFFICE OF PREFECT
OF THE CITY GUARDS' (DE OFFICIO PRAEFECTI VIGILUM)
TITLE 19 (KR. 21): THE OFFICE OF TRIBUNE
OF AMUSEMENTS' (DE OFFICIO TRIBUNI
VOLUPTATUM)
TITLE 20: THE OFFICE OF CIVIL JUDGES'
(DE OFFICIO JUDICUM CIVILIUM)
Emperors Arcadius, Honorius, and Theodosius Augustuses to Curtius, Praetorian Prefect.
Dignitaries who are known to have lawsuits shall not
have the right to sit' with the judge during those hours in
which the merits or outcome of cases are in suspense, nor
shall the judges be seen by litigants during the midday
hours. I. Therefore, you shall know that a fine of five
pounds of gold each shall be assessed against both the
judge and his office staff5 and an equal fine against the
dignitaries,' if any person should attempt to contravene a
regulation of this kind.
1.2
Given on the third day before the nones of February at Rome in

the year of the consulship of Bassus and Philippus.-February3,
408.
INTERPRETATION: The dignitaries' of the provinces, that
is, members of the body of the municipal councils, shall
not sit 4 with a judge during the time when cases are being
considered by this judge, if they themselves are also involved in litigation, and litigants shall not visit 6 a judge in
59
Brev. 1, 6, 5; CJ 1, 40,
II.
I,
TITLE 21: THE OFFICE OF MILITARY

JUDGES' (DE OFFICIO JUDICUM MILITARIUM)
I .2 Emperors Theodosius, Arcadius, and Honorius Augustuses to the Counts and Masters of Both Branches of
the Military Service.
Protection or execution by a soldier' shall absolutely
never be granted in legal actions4 of private persons.
Given on the day before the ides of February at Constantinople in
consulship of the Most Noble Abundantius.-February12, 393.
INTERPRETATION: To absolutely no persons shall military protection or execution be granted in civil cases.
TITLE 22: THE OFFICE OF ALL JUDGES' (DE

OFFICIO JUDICUM OMNIUM)
1.2 Emperor Constantine Augustus to Domitius Celsus,
Vicar.'
No judge shall suppose that an apparitor may be sent to
that home in which a matron' resides, with any order to
drag forth the aforesaid matron into public, since it is
certain that the debts5 of a woman, who may seclude herself within her home out of consideration for her sex, can
be preserved for the public needs by the sale of her home
or of anything whatever. But if any person hereafter
should suppose that a matron ought to be dragged forth
into public, he shall be punished by a capital penalty,8 or
rather he shall be done to death with exquisite tortures
amidst the greatest criminals and without any pardon.
Given on the third day before the ides of January at Trier in the
year of the consulship of Sabinus and Rufinus.-January n1, 316.
No judge shall suppose that a matron7

residing in her own home may be dragged forth into public by any apparitor, but in respect to her, with reverence
for her sex, an honorable summons shall be observed;
since if it should appear that she owes anything, it can be
paid" by the constraint of her sureties.' If anyone should
contravene this regulation, he shall know that he will be
punished with the supreme penalty.
INTERPRETATION:
2."o The same Augustus to Andronicus.
If against pupils, widows, or persons who are exhausted

1 Brev. I, 8; CJ I, 46. Kr. 23.
2 Brev. I, 8, I; CJ I, 46, 1.
3 Or: military protection or execution shall.
4 negotia, cases, actions, business affairs.
1 Brev. I, 9; CJ I, 48. Kr. 24.
2 Brev. I, 9, I; CJ I,
48, 1.
3 Of Africa, 9, 18, I; CIL 3, 13734. There is a conflict in the dates
of Celsus and those of Eumelius, 9, 40, 2; St. Augustine, Contra
Crescon. 3, 82.
4 mater familias.
'The text of these titles has been lost.

1 Brev.
the midday hours. If they should presume to act otherwise,

they shall pay the fine as stated in the above written law.
7; CJ I, 45. Kr.
22;
Kr. 2o De Officio Praefecti An-
nonae, the Office of the Prefect of the Annona.

2 I, 16, 13; Brev. I, 7, I; CJ I, 45, I.
s Honorati, I, lo, 8, n. 24.
4 As a mark of honor and not as a judge of the case.
5 1,6, 9, n. 33.
6 salutent, pay their respects.
E 30
5 debita, the regular term for obligations, such as tax payments

due the State. That seems to be the meaning here.
6 capitalis poena, either death or loss of legal status.
7 matrona.
8 Observe the difference between the Interpretation and the constitution.
9 auctores, authorizers, guardians? actores in M.
10 Brev. I, 9, 2; CJ 3, 14, 1. The official position of Andronicus is
unknown.
The Judicial Decis ions of Bishops

or disabled by illness, right to a trial by Our Clemency
should be impetrated,11 the aforesaid defendants shall be
compelled by none of Our judges to make an appearance

before Our imperial court. But, indeed, they shall try the
fortune of their suit within the province in which the litigant and witnesses and the documentary proofs are located, and every precaution shall be observed that the defendants shall not be compelled to leave the boundaries of
their own provinces. I. But if pupils or widows and
others made wretched by the wrongs of fortune should
pray for a trial" by Our Serenity, especially when they are
in terror of the power of any person, their adversaries
shall be compelled to make an appearance at Our inquisition.
Given on the fifteenth day before the kalends of July at Constantinople in the year of the consulship of Optatus and Paulinus.-June
17, 334.
INTERPRETATION: If any person proceeding against pu-
pils, widows, or invalids should obtain Our orders,12 We

abolish his right to remove such defendants from their
own localities and to drag them anywhere at all outside
their own province, in order that they may plead their
case in the place where they can be better prepared and
can more easily find evidence. Indeed, if those persons for
whose fatigue We make provision should suppose that
they should petition Us, in accordance with the wish of
such defendants, We do not deny them the right to come,
and thus their adversaries shall be compelled by the governor1 a of the province to appear in the presence of the
Emperor.
3.1'4 Emperor Julian'- Augustus to Mamertinus.
We order that the governors 3 shall be notified by Your

Sublimity to issue the criminal, no less than the civil, records"" to those persons, of course, whose safety is called
into jeopardy.
Given on the eleventh day before the kalends of December at Antiocht 5 in the year of the fourth consulship of Julian Augustus and
the consulship of Sallustius.-November 21, 363; 362.
4." Emperors Gratian, Valentinian, and Theodosius Au-
gustuses.
(Excerpt from the Records in the Consistory of Gratian Augustus.)
Gratian Augustus said: "The judge shall make provision for the maintenance of his own official residence.18
But neither to a count nor to a governor"s of a province
shall anything more be furnished than We grant in the
subsistence allowances" and cellar supplies." 2 0 (Etc.)
Done in the Imperial Consistory in the year of the second consulship of the Most Noble Merobaudes and the consulship of the Most
Noble Saturninus.-383.
INTERPRETATION: The judge must maintain his official
11 Min. Sen., n. 25.
12 Praecepta, an imperial rescript.
13 rector, the judge ordinary of the province.
14 I, 9, 16.
15 Apparently this constitution was not issued by Julian, or at Antioch on this date. Julian died June 30, 363, and his successor, Jovian, whose constitutions are often ascribed to Julian in CTh, had
left Antioch before November 12, 363. See Seeck, Regesten 214.
The compilers of CTh usually placed the same inscriptions before
constitutions of the same year. Cf. 8, I, 8; 8, 5, 16; 10, 19, 2; II, 20,
I; 12, I, 56; 14, 4, 3.
16 acta, court records. Cf. I, 29, 2.
17 Brev. r, 9, 3.
Is praetorium.
19 annonae.
20 cellaria, primarily wine and oil as part of the regular food supply that was stored in Roman cellars, which, unlike modern cellars,
were above ground. See 7, 4, 32.
1*27-1
residence 8 from his own resources, and he must demand

no more from the provincials than has been assigned to
19
him by the Emperor in subsistence allowances and cellar
supplies. 0
TITLE 23'
TITLE 24'
TITLE 25'
TITLE 26'
TITLE 27: THE JUDICIAL DECISIONS OF
BISHOPS' (DE EPISCOPALI DEFINITIONE)
I. Emperor Constantine Augustus.
Pursuant to his own authority,2 a judge must observe

that if an action should be brought3 before an episcopal
court,4 he shall maintain silence,' and if any person should
desire him to transfer his case6 to the jurisdiction of the
Christian law and to observe that7 kind of court," he shall
be heard, even though the action has been instituted' before the judge,' 0 and whatever may be adjudged by them"
shall be held as sacred; provided, however, that there shall
be no such usurpation of authority in that one of the litigants should proceed to the aforementioned tribunal 2 and
should report back13 his own unrestricted choice' 4 of a tribunal. For the judge15 must have the unimpaired right of
jurisdiction of the case that is pending before him," in
order that he may pronounce his decision, after full credit
is given to all the facts as presented.
Given on the ninth day before the kalends of July at Constantinople in the year of the consulship of the Augustus' 7 and of
Crispus Caesar.-June23, 318(f)18
1 Titles 23-26 are omitted in M. Kr. inserts title 25, De officio

ejus qui vicem alicujus judicis obtinet, the Office of the one who
becomes the Representative of any Judge, and 26, De modo multarum
quae a judicibus infliguntur, the amount of Fines that are inflicted
by Judges.
i Sirm. i; Nov. Val. 35; Nov. Maj. Ii; CJ 1, 4. This constitution
is famous since it is apparently the earliest evidence for the establishment of the episcopal courts that played such an important part in
later history. The authenticity of this constitution has often been
questioned. The text may be corrupt and the translation given below
is largely conjectural.
2 sollicitudo.
3 provoco, institute an action, appeal.
4 episcopale judicium.
5 silentium accommodare, remain silent, interpose no objection,
remain inactive.
8negotium transferre. Or: should desire to transfer his case.
7
illud, that well known, a frequent meaning of this pronoun.
8 judicium, court, trial, judgment.
9 negotium inchoatum.
10 judex, the secular judge.
1x The bishops.
12 auditorium, audience hall, the episcopal court, episcopale
judiczum.
13 Reading renuntiet with the manuscript, according to Krueger
in 14his edition.
arbitrium suum: and should renounce his own tribunal? and
this tribunal should renounce its own right of jurisdiction (arbitrium suum) of the case?
15 judex.
16 arbitrium praesentis causae. M. suggests: For the judge must
hear the parties who are present, and he must have the jurisdiction.
17 Constantine, the Emperor at that time,
Min. Sen., n. 3.
18 The activities of Constantine for 318 are unknown. Byzantium
was not named Constantinople until 330. Crispus as Caesar is named
elsewhere as the second consul only in 318, with Licinius, not Constantine; 7, 20, I; 9, 15, I; CJ 3, II, 3-4; Vat. Frag. 287.
E 31 1
The Judicial Decisions of Bishops
1-27-2
Emperors Arcadius, Honorius, and Theodosius Augustuses to Theodorus, Praetorian Prefect.

The judgment of a bishop20 shall be valid for all persons
who acquiesce in being heard by priests. 2 ' For since private persons can hear those persons who have given their
consent, even without the knowledge of the judge, We
grant that this power shall be permitted to those persons
whom We necessarily venerate, and We order that such
reverence must be shown toward their adjudication as
must be granted to your authority, 22 from which it is not
permitted to appeal. Also, in order that such cognizance 23
may not be without effect, execution of judgment shall be
granted through a public office staff.
2."
Given on the ides of December in the year of the consulship of

Bassus and Philippus.-December 13, 408.
TITLE 28: THE DEFENDERS OF THE SENATE

(DE DEFENSORIBUS SENATUS)
i. Emperor Constantius Augustus to the Senate.
Your defense must be entrusted to those persons whose
trustworthiness is esteemed to be commendable, so that in
each and every province they may resist any demand
which is made from Senators contrary to custom and
justice or beyond the legal measure of payments,' especially since those amounts only must be paid that are denoted by the hand of Our Clemency in the tax levy,2 or
those which are demanded by the prefecture for the necessities of the State.
Given on the fifth day before the nones of May8 in the year of the
consulship of Taurus and Florentius.-May 3, 361.
Emperors Valentinian and Valens Augustuses to Clearchus, Vicar of Asia.

Senators shall have the power to choose from their own
body one or two persons for each and every province.
Such persons shall protect the patrimonies of all by their
devices and defenses, with alleviation also of payment of
the capitation tax.s For the imperial benefit' granted by
the sainted 6 Julian, which is said to have been applied to
decurions alone through the favoritism of the judges, We
order to be extended by the common law not to decurions
alone, but to the exhausted fortunes of all people. 7
2.
Given on the day before the nones of May 8 at Nicomedia in the

year of the consulship of the sainted Jovian and of Varronianus.May 6, 364.
3. Emperors Valens, Gratian, and Valentinian Augustuses

to Vindaonius Magnus, Prefect of the City.
Whenever the regulations for fiscal obligations9 are being treated, neither the decurions nor the judges shall presume to make any arrangement in the absence of the defender of the Senate, lest they should scorn the method of
justice in the boldness of lawless usurpation and should
19 9, 40, 16; CJ I, 4, 8.
21
judicium episcopale.
As a Praetorian Prefect.
20
22
sacerdotes, priests, bishops.
make some decree contrary to the interests of the Most

August Assembly.' 0 We have also granted the following
license to the defenders, namely, that if perchance to the
contumely of the Senate, a divine imperial regulation"
should be disregarded, they shall hasten to refer the matter
to Us.
Given on the fourth day before the kalends of June at Antioch in
the year of the fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-May 29, 376.
4. Emperors Theodosius, Arcadius, and Honorius Augustuses to Aurelianus, Prefect of the City.
Defenders of those Senators who are settled throughout
the provinces shall maintain freedom of action in the office
which they have undertaken. Wherefore, whenever the
privileges of this Most August Order10 are impaired by a
judge ordinary12 and the power of resistance is denied to
them, they shall not hesitate to refer the matter to Us, lest
the injury of all should be increased by the diffidence of
individuals.
Given on the third day before the kalends of March at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of the Most Noble Abundantius.-February27,
393-13
TITLE 29: THE DEFENDERS OF THE MUNICIPALITIES' (DE DEFENSORIBUS CIVITATUM)

i. Emperors Valentinian and Valens Augustuses to Probus, 2 Praetorian Prefect.
We have decreed quite beneficially that all the plebeians
of Illyricum shall be defended by the offices of patrons3
against the outrages of the powerful. For each and every
municipality of the aforesaid diocese Your Sincerity shall
provide for the selection to this office of men of suitable
character, whose past lives have been praiseworthy and
who have either administered provinces or have performed
terms of imperial service in the forum,' or who have completed their service among the secret service or the palatines. You shall not entrust such duties to decurions; likewise, you shall not assign this service to those persons who
at any time have served the office of Your Eminence or of
any governors ordinary ' whatever. Certainly, the appointments made in each town shall be referred to Our Wisdom.
Given on the fifth day before the kalends of May in the year of
the consulship of the sainted Jovian and of Varronianus.-April27,
364; 368.
The same Augustuses to Seneca.

If any person should suppose that he ought to institute
an action before you about slight and unimportant mat2.6
10 The Senate at Rome or at Constantinople.
11 forma.
12 The governor of a province.
"s1, 1, 3, n. ii.
I Brev. 1, 10; CJ I, 55.

2
2s By a bishop.
Probus was Praetorian Prefect four times, of Italy, Illyricum,
Africa and Gaul, CIL 6, 1752-1753; Amm. Marcell. 27, II,
1pensiones, dues, such as taxes and rentals, paid to the State.

2 delegatio, tax levy, assessment. Cf. ii, i; II, 16, 7-8.
3 At Gyfyra, 1, 6, 1, n. 5.
4 The translation is conjectural and the text corrupt.
5 12, i, 50; 12, 1, 54.
6 divalis, a standing epithet applied to any deceased Emperor, even
though pagan, as Julian, Min. Sen., n. 24.

7 gentes, ordinarily refers to pagan and barbarian peoples.
9 functiones.
8 March?
32
I. He
was first chosen for this office in 368, which contradicts the date of
this constitution and of ii, I, 15.
3 patroni, the defenders, protectors, guardians of the municipalities.

4 militia stipendiorum forensium, those who have served as advocates. The practice of law was socialized and advocates were members of the imperial service (militia).
5 ordinarii rectores, the same as the judges ordinary, ordinaril
judices.
6 CJ I, 55, I. The official position of Seneca is unknown.
The Defenders of the Municipalities

ters, you shall conclude the proceedings8 in such minor
cases, in such a way, of course, that if ever anyone should
demand either a just debt or a slave who has escaped by
flight or compensation for something he has paid beyond
the tax levy' or anything of the kind, you shall make restitution by your decision. But other cases which shall appear worthy of an important forum, you shall transfer
with full information to the governor ordinary.- (Etc.)
Given on the fifth day before the kalends of July at Tyr- in the
year of the consulship of Valentinian and Valens Augustuses.-u.ne
27, 365(M).1o
3." The same Augustuses to Probus, Praetorian Prefect.
Although We have carefully established many things in

behalf of the plebeians, We believe that We have provided nothing for them unless We should give them suitable defenders. Therefore, appointments to this office shall
be made not from the body of decurions, but from another,
namely, from the administrators1 2 with the title of con-
sular or of praeses in their administration, from the palatines, from the secret service, from those persons who
have held the position of chief in the office staff of Your
Eminence or that of the vicars, or from the advocates.
Given on the (third) day before the nones of November in the
year of the consulship of Valentinian and Valens Augustuses.-November 3 (6), 368; 370; 373.
4. Emperors Valentinian, Valens, and Gratian Augustuses

to Probus, Praetorian Prefect.
If any persons from the department" of the secret
service should serve the office of Your Eminence with the
rank1 4 of chief of office staff, in a certain manner in Our
name' 5 in accordance with Our order they shall be appointed among the other dignitariesl 6 as patrons3 of the
plebeians of the various cities. Thus if Your Authority
should suppose that any of the aforesaid persons should be
chosen, they shall be entrusted with such a guardianship"7
but you shall render them exempt from those' duties.
Given on the eighth day before the ides of November at Trier in
the year of the consulship of Valentinian Augustus and the second
consulship of Valens Augustus.-November 6, 368(?).
5.1' The same Augustuses to the Senate.
In a useful manner, wise provision has been made that

innocent and peaceful rustics shall enjoy the benefit of a
special protection. 2 0 Thus they shall not be exhausted by
the fraudulent practices of court trials 21 and be harassed
7 de tenuioribus ac minusculariis, if any persons of the poorer
classes and petty tax collectors.
8 acta, legal
proceedings, trial, I, 12, I, n. 2.
9 delegatio, tax levy; or possibly a mandate to an agent who has

incurred unauthorized expenses.
10 8, 15, 4. Given on the fifteenth day before the kalends of January
at Tericum, according to CJ.
12 administratores, governors of provinces.
" CJ I, 55, 2.
14
1s schola.
munus, duty.
15 M. conjectures Numini, for Our Imperial Divinity.
16 I, lo, 8, n. 24.
17 tutela, of the plebeians whose protectors they are as defenders

of the municipalities.
18 his (tutelis), from the aforesaid guardianships? Possibly a reference to certain guardianships mentioned in a part of the constitution that was omitted by the compilers, thus making the reference
obscure. Min. Sen., n. 49.
19 1, 16, 7; I, 24, 3; CJ 1, 55, 3. This constitution provides that
Senators shall become defenders of the municipalities.
20 patrocinium, office of patron, duty of defender, n. 3.
21 jurgium forense.
1-29-7
22
even when they demand satisfaction, while they either

provide for a very avaricious advocate2 3 or win over the
24
chief of the office staff with very large bribes, as he
25
blocks the threshold, while the records of the case are
purchased from the secretaries, 26 and while in the name
of a fee,2 the enforcement officer 28 demands more from
the winner of the suit than the loser will pay. The dignity
of a Senator does not allow such practices, but with a
speedy decision he settles the controversies that have
arisen. For if anything has been wrongfully and violently
taken away, he eliminates all dilatoriness and restores the
property to its owner.
I.
Without doubt, the authority of
30
the governor 29 shall be considered as the regular one, as
it is maintained in the case of good men of higher status."
For the governor 2 endures the horror of human blood,
while the Senatorial defender 32 vindicates a harmless authority to himself."
Given on the fourth day before the ides of August at Hierapolis in

the year of the fourth consulship of Valentinian and Valens Augustuses.-August 10, 370; 373.
6.1 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Eusignius, Praetorian Prefect.
Those persons shall preferably be constituted defenders
whom the municipalities shall choose by their decrees. 5
But if any person should attain the position of defender
by corrupt solicitation, Your Sincerity shall immediately
reject him and compel him to pay five pounds of gold to
the account of the fisc.
Given36 on the eighth day before the kalends of February in the
year after37 the consulship of Emperor Designate Honorius and the
Most Noble Evodius.-January 25, 386; 387.
INTERPRETATION: Those persons shall be instituted defenders of the municipalities who are known to have been
chosen by the agreement" of the citizens and the endorsement of all. But if any defender is proved to have attained
to his post through his own cupidity without the interposition of a decree," he shall be compelled to pay five
pounds of gold to the fisc for this presumption.
7." The same Augustuses to Potamius, Augustal Prefect.

Defenders shall vindicate nothing arrogantly for themselves, nothing which is not their due. They shall discharge only the duties indicated by their name; they shall
impose no fines and conduct no judicial inquiries under
torture;" they shall only protect the plebeians and the decurions from all arrogance and lawlessness of wicked men,
For wrongs that they have suffered.
28 By paying him exorbitant fees, 2, 10, 3; 8, lo, 1-2.
24 Praemia, rewards.
25 The reading of the manuscript is conjectural.
26 exceptores, here the clerks of the courts.
27 commodum.
28 intercessor.
so habeatur ordin(aria), the reading is conjectural.
31 melior condicio, as
it is maintained under better conditions
against good men: that is, men of the higher classes?
32 ille . . . hic, the latter . . . the former. This phrase
usually
means "the former . . . the latter." For the thought cf. I, 29, 7;
22
II, 36, 14.
8 The translation of the last two sentences is conjectural. M. says

there must be a lacuna here.
3 Brev. I, 1o, i.
3 Such decrees were made either by the citizens in assembly or

by the decurions in council, and bribery was rampant, I, 6, 12, n- 47.
36 The date is uncertain.
3 I, 2, 12, n. 33.
38 1, 29, 4-5; Brev. I, 10, 2; CJ I, 55, 5.
39 quaestiones.
C 33 ]
The Defenders of the Municipalities
1-29-7
so that they shall not cease to be that alone which they are
said to be.
Given on the third day before the nones of March at Constantinople in the year of the second consulship of Arcadius Augustus and
the consulship of the Most Noble Rufinus.-March (May) 5, 392.
INTERPRETATION:
Defenders, in accordance with their
name, shall defend with all justice and equity the municipal councils and the plebeians committed to their care;
they shall presume neither to condemn nor to flog any
innocent person.
8.40 The same Augustuses to Tatianus, Praetorian Prefect.
Throughout all the regions in which the wild madness
of brigands rages, a madness that is unaware of its own
danger, all those defenders who are the most approved
and the most severe shall assist in the discipline and supervise the everyday legal proceedings," and they shall not
permit crime to grow strong with impunity. That protection42 shall be abolished which, by bestowing favors on the
guilty ones and aid to criminals, has made crimes increase.
Given on the fifth day before the ides of April at Constantinople
in the year of the second consulship of Arcadius Augustus and the
consulship of the Most Noble Rufinus.-April 9, 392.
INTERPRETATION:
Throughout all provinces such judges43
shall be appointed on account of their zeal f or discipline
that with all solicitude they shall abolish the protection of

the powerful over criminals" and brigands, and they shall
not delay to exercise due strictness, lest through their negligence or venality crimes should flourish which ought to
be punished.
TITLE 30: THE CURATORS OF THE MUNICIPALITIES1 (DE CURATORIBUS CIVITATUM)
TITLE 31: PETTY ADMINISTRATIVE OFFICES WITHIN THE CITY (DE ADMINISTRATIUNCULIS INTRA URBEM)
I.
. . .
... shall be restored by 2 those striving. For it is Our

will that there shall be continued in this kind of administration, as in all others, that custom which the foresight
and wisdom of ancient men has established, and that the
activities of envious men shall not detract from anything
which originates from the established functions and honorable customs of this administrative duty.3
Given on the fourth day before the kalends of March in the year
of the consulship of Valentinian and Valens Augustuses.-February
26 (27), 365; 368; 372.
2. The same Augustuses to Olybrius, Prefect of the City.

In accordance with ancient custom, the right to some
petty profit 4 had been assigned to the office staffs of admin40
Brev. I,
To,
3; CJ
I,
55, 6.
41
cotidiana acta, n. 8.
patrocinia, protection of influential men.

judices, corresponding to the defenders of the municipalities of
the constitution.
44 rei, accused persons, defendants, criminals.
42
43
The text of the constitution of this title has been lost.
1 The text of the first part of this constitution has been lost. The
part that has been preserved is obscure and the translation is con-
jectural.
2 To?
4 M.:
istrations within the City; but henceforth, this custom of

giving and receiving shall entirely cease, so that the fee
which is called "formal" 5 shall be completely eliminated
from use. I. Indeed, it shall be at the discretion of those
who give, not within the power of those who receive,
whether they wish to bestow anything upon each of these
persons on account of his administrative services," in consideration of his expenses. But if it should appear that in
such a case any person gave anything unwillingly and did
not report this fact to the court, the severity of the public
authority shall immediately be exerted against the giver
no less vehemently than against the recipient.
Given on the day before the nones of April at Trier in the year of
the consulship of Valentinian and Valens Augustuses.-April 4,
368; 370.7
TITLE 32: PROCURATORS'
Emperor Constantine Augustus to Felix.'

Since through the procurators of the privy purse, of the
dyeworks, and of the weaving establishments, Our private
substance is being diminished and the materials manufactured in the weaving establishments are being ruined,
and in the dyeworks the illegal mixture of the polluted dye
produces stains, such procurators shall abstain from the
patronage whereby they attain the aforesaid administrative
positions,4 or if they should contravene this order, they
shall be removed from the number of Roman citizens5 and
struck down by the sword.
1.2
Given . .. kalends of November at Aquileia6 in the year of the

consulship of Dalmatius and Zenophilus.-October 16-November i,
333.
2.
Emperors Valens, Gratian, and Valentinian Augustuses
to Hesperius, Proconsul of Africa.

It is Our will that the risk of their property and life
shall be set before the members of the office staffs, namely,
that they shall not doubt that they themselves must compensate for the financial losses of Our household, unless
they appoint administrators who have given sureties of
such condition that their wealth shall be sufficient for Us
to avoid loss by having recourse to it, if through fraud and
avarice4 the administrators should commit anything to the
detriment of Our privy purse.
Given on the eighth day before the ides of July at Trier in the
year after7 the fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-July 8, 377(?).8
3.9 The same Augustuses to Eucherius, Count of the

When any person, acting as procurator in whatsoever
r formale, formal, regular.
The translation is conjectural.
6
7 9, 40, 9; 14, 3, 9; 14, 5, 1.
1 Imperial Procurators. M. suggests: Procurators of the Weaving

Establishments and of Mines and Minerals. CJ II, 7-8. Title 33 in
Kr., who inserts as Title 32, Municipal Magistrates.
2 CJ iI, 8, 2.
3 Praetorian Prefect.
4 The customary bureaucratic corruption, apparently uncontrollable.
5 According to the practice of the day, persons found guilty of
capital crimes were deprived of citizenship before execution.
6
procuratio, procuratorship ?
the right to add some. Kr.: custom and by a just title, some
petty. Much of the translation is conjectural.
(DE PROCURA-
TORIBUS)
Aquae? Cf.
I, 2,
6.
1, 2, 12, n. 33.
8 Probably 376, and not given at Trier.

9 The text of this constitution is unsatisfactory and much of the
translation is conjectural.
[ 34 1
Assessors, Confidential Ad visers, and Chancellors

name and service in Our largesses, has acquired an administration which obligates him to render an account, he
shall first give most competent sureties,' 0 and then he
shall undertake the service which he has sought. Then,
within thirty days in the case of the treasures which belong
to the lesser accounts,' within fifty days, however, in the
case of those of the larger accounts, he shall deliver1 2 the
documents and all the records of the accounts." Of course,
he shall deliver to the tax receivers'" a written statement
showing what he received, what he issued, what remains
deposited in the storehouses. i. Furthermore, although he
must deliver immediately what he has received, nevertheless, since in certain cases there is a valid regulation," he
must count out the lesser money" to his successor within
thirty days from the time of his arrival, and all other
things, which are supposed to be among the deposits, within
four months. But if anything ever so little should be found
to have been deferred by the procurator who has departed,
he shall be forcibly deprived of the very appearance of
honor,17 and stripped of all his former dignity, he shall
incur the fitting punishment of flogging and torture in accordance with his character, and he shall suffer disgraceful and shameful punishments continuously until the
whole undiminished amount of Our largesses is deposited
among the stores. 2. This same condition shall apply to
the procurators who are provosts of the weaving establishment, of the mints, and of the imposts."'
Given on the fourth day before the kalends of April at Trier in
the year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-March 29, 377.
4. Emperors Gratian, Valentinian, and Theodosius Augustuses to Count Arborius."

Those palatine apparitors who serve in the office of
Your Sincerity shall take care to be on guard, so that
when any person obtains an administrative duty that requires a surety, 20 he shall not be heard at all if he offers
a decurion as a sponsor.
Given on the fifth day before the nones of May in the year of the
consulship of Auxonius and Olybrius.-May 3, 379.
The same Augustuses to Eusignius, Praetorian Prefect.

Since the procurators of the mines within Macedonia,
Midland Dacia, Moesia, and Dardania, who are customarily appointed from the decurions and who exact the
usual tax collections, have removed themselves from this
compulsory public service by pretending fear of the enemy," they shall be dragged back to the fulfillment of
their duties. Henceforth no person shall be allowed the
license to seek honors 23 which are not due to him, before
5.21
11 negotii minoris.
12 To his successor.
14 Susceptores.
15 Reading potens praescriptum,with Kr. who suggests that there
is a lacuna. M., reading praestat scriptum, suggests: cases he must
pay what is prescribed and he must.
10 satisdatores.
13 ratiocinia.
1-34-2
he completes by the faithful and skillful exaction of taxes

the procuratorship 24 which he must undertake.
Given on the fourth day before the kalends of August at Milan in
the year of the consulship of Emperor Designate Honorius and of
the Most Noble Evodius.-July 29, 386.
6. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.

Our procurators, who have been given the rank of Most
Perfect, shall be protected from outrage, so that there
shall be preserved for them also the full power to enter
the private council chambers of the judges ordinary25 for
the opportunity of making recommendations.
Given on the day before the kalends of January at Thessalonica in
the year of the third consulship of Valentinian Augustus and the
consulship of Eutropius.-December 31, 388; 387.
7. The same Augustuses to Cynegius, Praetorian Prefect.

We deem that it is in accordance neither with custom
nor with any law that the procurators of Our household
should be summoned to the task of restoration 2 6 of public
works.
Posted at Beirut in the year of the second consulship of Theodosius Augustus and the consulship of the Most Noble Cynegius.389; 388.
TITLE 33 (KR. 34): THE CHIEFS OF OFFICE

STAFFS' (DE PRIMICERIIS)
TITLE 34: ASSESSORS, CONFIDENTIAL ADVISERS, AND CHANCELLORS' (DE ASSESSORIBUS, DOMESTICIS, ET CANCELLARIIS)
i. Emperors Arcadius and Honorius Augustuses to Caesarius, Praetorian Prefect.
If any judge should wish to take as his adviser2 either
a citizen of the province which he governs, or at least a
f oreigner,4 he shall know that only four months have been
assigned to him for retaining the person whom he took
from the same province, until he has employed a person
called from other districts to assist him in his acts, so that
when four months have elapsed, it shall be considered a
crime if anyone should suppose that he should retain an
adviser 2 beyond this time.
Given on the sixth day before the ides of December at Constantinople in the year of the consulship of Stilicho and Aurelianus.-December 8, 400; 396; 397.

Eustathius, Praetorian Prefect.
(After other matters.) When assessors who customarily
assist administrators with their advice are subject to
paternal power,6 they shall have the right, after the death
of their father, to vindicate whatever they have been able
2.6
Procuratio, service, administrative duty.

The governors of the provinces.
26 instauratio, restoration, inauguration, undertaking.
24
25
16 pecunia minor.
17 specie honoris exactus. The translation is conjectural.

18 vectigalia.
19 His official position is unknown.
20 M. suggests : surety, no one shall be heard who offers.
21 CJ II, 7,
4.
22 hostilis metus: One of the many indications of the unsettled
conditions of the times.
23 dignitates, high rank, honorary titles, such as that of Most
Perfect.
1 The text of this title has been lost.

I Brev. I, II; CJ I, 51. Title 35 in Kr.
2
consiliarius, adviser, assessor.
3 M. suggests: or a foreigner therefrom.
4 Peregrinus,foreigner, alien, a non-citizen of the province, an immigrant.

52,
lo, 6; Brev. I, II, I; CJ I, 51, 7.
6 filiifamilias.
E 35
1'34-2
Assessors, Confidential Advisers, and Chancellors
to accumulate through permissible and honorable profits,

as though it were a military peculium.7
Given on the tenth day before the kalends of April at Constantinople in the year of the thirteenth consulship of Our Lord Honorius
Augustus and the tenth consulship of Our Lord Theodosius Augustus.-March 23, 422.
INTERPRETATION: If any person should be attached to

the council of any judge while his father is living, he shall
have the right to vindicate to himself whatever he has acquired by legal and proper means, just as does that son
also who, while employed in the armed service, has acquired anything during the life of his father.
3." The same Augustuses to Asclepiodotus, Praetorian

Prefect.
No judge shall dare to take with him to the province
entrusted to him any person whom he designates as a confidential adviser9 or as a chancellor,10 nor shall he receive
any person who has come to him from any other place
whatsoever, lest he be punished by the brand of infamy together with the confiscation of his goods. For We order
that, at the peril of the chiefs of their office staffs, chancellors shall be chosen under the trustworthiness of records," they shall be attached to the judges, and it shall be
provided that they shall not leave the imperial service for
7 castrense peculium.
9 domesticus.
11 acta, legal proceedings,
8 Brev. I, II, 2;
10 cancellarius.
I, 12, I, n. 2.
CJ
I, 51, 8.
an uninterrupted period of three years after they have surrendered their administrative position, and that they shall
be present among the provincials, in order that those persons who wish may have the opportunity to accuse them.
For if a suitable case should demand it, they shall be subjected to examination even under torture, 1 2 for the purpose of revealing disgraceful acts of the judge. (Etc.)
Given on the day before the kalends of June at Constantinople in
the year of the consulship of the Most Noble Asclepiodotus and
Marinianus.-May 31, 423.
INTERPRETATION: Every judge shall clearly know that
while he is in the province committed to him, he shall not

attach to himself a chancelloro or a confidential adviser,9
perhaps, from the same province from which he comes, or
from any other region, unless such chancelloro or adviser 9
has been publicly assigned to him by the choice of the

citizens; provided that if such governor should be removed later, the person who held the office of chancellor
or confidential adviser shall not leave the province for a
period of three years under another judge, so that, if
there should perhaps be an accuser, such chancellor or
confidential adviser shall render an account to the accusers. If, perchance, he should wish to conceal in any way
the deeds of the judge, he shall be subjected to a public
inquisition under torture."
12
quaestio.
13
publica quaestio.
E 36 J
BOOK II
.......... m.........................................................................
TITLE
1: JURISDICTION;
THE PLACE
WHERE A PERSON MUST BE SUED' (DE
JURISDICTIONE ET UBI QUIS CONVENIRI
DEBEAT)
I.2 Emperor Constantius Augustus to Eustathius, Praetorian Prefect.3
It is Our will that the judges4 of the provinces shall assume the power of due authority, so that the same discipline which governs the provincials shall govern the overseers and all other persons of Our imperial estates. Prisons
shall hold the scoundrels when they are convicted, tortures
shall tear them in pieces, the avenging sword shall destroy
them. For in this way the license of the inveterate lawlessness of desperadoes5 is restrained, if they understand that
they must live with one and the same aspiration as do all
others. (Etc.)
Given 6 on the eighth day before the ides of March in the year of
the consulship of Limenius and Catullinus.-March 8, 349.
INTERPRETATION: Those persons who have been ap-
pointed as judges4 in the provinces shall know that they are

permitted to have unrestrained power, if any of the slaves
or coloni of the Emperor's private domain should be involved in any criminality, to arrest and punish them, just
as their guilt demands, as though they were private persons, and no administrator of Our patrimony shall object.
2.7 The same Augustus to Taurus, Praetorian Prefect.
It has been decided that the governors8 of the provinces
shall terminate litigation in civil cases, even if men in the
imperial service9 should defend or institute suit. I. In
order, therefore, that no usurpation may confound the
courts and the law or rob judges ordinary4 of their proper
jurisdiction, the trials of civil suits shall be transferred to
the governors 8 of the provinces. 2. In criminal cases also,
if any person in the imperial service" should prosecute an
accused person, the governor' of the province shall try
the case. If it should be affirmed that any military man*
has committed any crime, it shall be tried by the person
to whom the direction of military affairs has been entrusted.
Given on the eighth day before the kalends of August at Milano
in the year of the consulship of Arbitio and Lollianus.-July 25, 355.
1 Brev. 2, I; CJ 3, 13.
2 BreV. 2, I, I; Burg.
Rom. 6, 5.
3 He was Count of the Privy Purse and as such the administrator
of the imperial estates. Cf.
I0,
10, 7, and correct II,
7, 6.
4 Governors of the provinces, the judges ordinary.

5 inveterata desperatio. Tenants of the imperial estates had many
special privileges which protected them. The Emperor rages but
probably most of the criminals escaped punishment through official
collusion and corruption.
6 Posted at Rome, as can be seen from II, 7, 6.
7 Brev. 2, I, 2.
8 rectores, the
judges ordinary.
9 militantes, milites, militaris, apparently soldiers here, though

the imperial service, militia, included the civil service as well as the
military service.
10 According to II, 30, 25, Constantius was on the Raetic expe-
dition at this time.
INTERPRETATION: Although We order that the governors' of the provinces shall have jurisdiction over civil
cases, nevertheless, whenever a criminal action arises between those persons who serve with Our arms, and private
citizens, the governor 8 of the province shall have the power
to hear and judge if a soldier 9 should summon a private
citizen into court. But if by chance a private citizen should
bring suit against one serving Us in arms, or one in the
imperial service,9 that person shall hear the case under
whose command the one in the imperial service9 or the
bearer of arms serves.
3.11 The same Augustus and Julian Caesar to Taurus,
Praetorian Prefect.
Not only against the members of the secret service but
also against other men of whatsoever status, punishment
of adequate vigor shall be inflicted if only it should be
proved that they are guilty of wrongdoing. If any person,
therefore, should commit any wicked or shameful act or
by chance should violate the chastity of anyone with the
stain of lust, vengeance of appropriate severity must be
extended against him. When, however, persons testify that
grave wrongs have been committed and appear to have
brought a complaint against rapine,12 the guilty persons
shall be compelled to restore twofold that property which

they appear to have entered and seized by force.
Given and received on the eighth day before the kalends of
October in the year of the ninth consulship of Constantius Augustus
and the second consulship of Julian Caesar.-September 24, 357.
INTERPRETATION: In the case of all persons, even those
who are attended by the dignity of Our presence, it is Our
will that this decree shall be observed: namely, that if a
person should violate the chastity of anyone, he shall receive the punishment established by law, and if any person
should commit a robbery, he shall repay twofold that which
he has violently seized.
4 -"
Emperors Valentinian and Valens
Augustuses to
Terentius, Governor"4 of Tuscany.

The plaintiff shall follow the forum of the defendant,1 5
so that if Senators should sue provincials for anything,
they shall litigate before the governor of the province as
their judge. If on the other hand a provincial should not
defend, but should bring, an action, he shall litigate before
the prefect of the City" as judge.
Given on the kalends of December at Milan in the year of the
consulship of the sainted Jovian and of Varronianus.-DecemberI,
364.
INTERPRETATION: If any person should suppose that
suit should be brought against another, he shall know that
his case must be presented before the judge4 of that province in which the defendant resides.
11 Brev. 2, I, 3.
12
Adopting Kr.'s punctuation. The Emperor was powerless to
eradicate lawlessness and official corruption.

1a Brev. 2, 1, 4.
14 Corrector, the judge ordinary.
15
16
A fundamental juristic principle, called by the Romans a regula.

The regular forum of Senators.
E 37 1
2.1.5
Jurisdiction
The same Augustuses to Felix, Vicar of Macedonia.

If any person should undertake to bring action against
Our privy purse, he shall litigate in the presence of the
fiscal representative. The fiscal representative shall defend
Our interest while the whole controversy is conducted, and
the judge shall decree such sentence as the equity of law
demands.
5.17
Given on the kalends of December in the year of the consulship of

Valentinian and Valens Augustuses.-December I, 365.
INTERPRETATION: Whenever a person sues for recovery
of anything from Our fisc, the suit must be litigated before
the judge4 of the province in the presence of the administrator of Our patrimony, so that in his presence whatever
is advocated by the order of justice can be decided.
6."1 Emperors Gratian, Valentinian, and Theodosius Augustuses to Neoterius, Praetorian Prefect.
With the exception of those persons" for whom extraordinary assistance is provided, all must incur the loss of
their suit if they do not first bring action in their proper
forum,20 since, indeed, they can bring their suit before a
higher judge when by an appeal they have barred the execution of a decision that has displeased them. But if any
litigant should prove that he has not been heard or that
his case has been deferred, either by the arrogance or by
the favoritism of the judge, that judge shall pay to Our
fisc the estimated value involved in the case which was
protracted. The penalty of deportation shall be immediately
inflicted on the primates of his office staff.2
Given on the day before the kalends of May at Milan in the year
of the first consulship of Arcadius Augustus and the consulship
of Bauto.-April 30, 385.
INTERPRETATION: If any person in the beginning of his
suit should suppose that a case which he may have should
be brought before another judge rather than his own, with
the exception of minors for whom the law has especially
provided, he shall be condemned to the loss of the action
under consideration, unless perhaps he should suppose that
he must appeal the sentence that was pronounced against
him, so that the case may be heard before judges of higher
rank. Of course, if any person having a case should prove
that he has not been heard by his own judge on account of
either the haughtiness of the judge or the friendship of the
judge for his adversary, We order the judge to pay to Our
fisc the value involved in the case under consideration; and
those who assent to his plans shall sustain the punishment
of exile as a penalty.2 '
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Martinianus, Count of the Orient.
We exalt women in accordance with the honor of their
husbands; We ennoble them in accordance with the family
7.22
Brev. 2, I, 5; CJ I, 19, 2; Consultatio 9, 7. By a comparison of

CJ 6, I, 7; Burg. Rom. 6, 2, and Consultatio 9, 7, Seeck conjectures
that the title of Felix should be the Most Noble Consular.
s I, 5, 1; I, 5, 9; I, 16, 3; Brev. 2, 1, 6; CJ 1, 22,4.
17
19 Such as minors.
20 proprium forum: suum forum, their own forum.
21 The apparitors or members of the office staffs as permanent
members of the imperial service were largely responsible for much
of the action and many of the decisions of their superiors, since the
apparitors were career men on permanent tenure, while their superiors were politicians who held office for very short terms, usually
only a year in any position. Hence the punishment of the apparitors
was more severe than that of their superiors, I, 6, 9, n. 33.
22 Brev. 2, I, 7; CJ 10, 40, 9; 12, I, 13.
E 38
of their husbands. We establish the forum for the aforesaid women and change their residences in accordance with
the legal status of their husbands.
Given on the fourth day before the ides of November at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-November 10, 392.28
INTERPRETATION: It is Our will that women shall be
denoted in accordance with the honor which their husbands have gained, so that the bride shall profit by the
dignity of the man into whose home she has passed, and
she shall answer to her lawsuits in the same forum where
she has followed her husband.
8.24 Emperors Arcadius and Honorius Augustuses to their

own Pasiphilus, Greetings.
Very many persons institute suits concerning a slave
addicted to flight, 2 5 a theft, manifest or not manifest, concerning an animal that has been seized, a slave, or thing,
movable or moving, or property seized by force, or concerning the boundaries of small parcels of land, or concerning small cottages; and then they disturb your court
under the guise of a criminal action. I. There is also
brought before your court an interdict for the recovery
of interim possession which is not always concerned
with public or private violence and which deserves to be
heard immediately, at times even without an inscription.27
Also cases relating to the theft of an animal are brought
before you.
2. Since, therefore, it is an indignity to your authority
for you to judge these slight and very petty matters, We
decree that only those criminal cases shall be heard by
Your Sincerity which the worthy and deserved horror of
an inscription 2 7 has covered. This inscription shall designate, of course, the magnitude of the crime and the time, 28
so that the worthy authority of the law can bind both
parties.
3. If by chance this statute should be treated with contempt, those members of your office staff" who enter your
private council chambers shall be smitten with the condemnation of five pounds of gold. 2 1
Given on the eighth day before the kalends of January at Milan
25 (January 6), 395.
INTERPRETATION: As often as some action has perhaps
been instituted under the name of a criminal suit, regarding petty crimes, that is, concerning the flight of one
slave, 25 the theft of a horse, the forcible entry and seizure
of some small piece of land or a house, or a definite theft,
that is, the detention or transfer of possession of stolen
property, We decree that the vindication of this matter
shall be under the jurisdiction of petty judgess 0 who preserve public discipline, that is, the defenders 3' or assertors
233, 15,
1.
24 Brev. 2, I,
8; CJ 8, 4, 8; 9, 2, 16; 9, 37, 1. The official position

of Pasiphilus is unknown, but cf. CIL io, 1692.
25 If anyone sold a slave addicted to flight, the innocent purchaser
could return the slave and recover the price paid.
26 momentaria possessio, immediate possession, interim possession,
which was granted to one of the litigants until the suit could be
adjudicated.
27 9, 1. The accuser in a criminal suit filed an inscription, and if
he failed to establish his accusation, he suffered the penalty that he
sought to impose on the accused.
28 Of commission of the crime? time limits for the suit?
29 Those who ex-officio?
s0 mediocres judices. Cf. I, 16, 8.
31 Of the municipality.
No Person Shall Be Judge in His Own Cause

of the peace. But a criminal case shall be under the jurisdiction of the governor" of the province when it concerns
an inscription27 against persons, or when it is a major
case which must not be decided except by a legal sentence
that is pronounced by the judge ordinary.4 If this present ordinance should be evaded, the apparitors 21 who admit such cases shall know that they will be condemned to
the payment of a fine of five pounds of gold.
The same Augustuses to Archelaus, Augustal Prefect.
If any person should disregard the judges ordinary'
without the consent of Our celestial oracle 3 and should
suppose that a civil case should be lodged before a military court, he shall understand that he must suffer the lot
of deportation in addition to the penalties previously promulgated. Furthermore, a penalty of ten pounds of gold
shall be inflicted on his advocate.
9.32
Given on the eighth day before the kalends of December at Constantinople in the year of the consulship of Caesariusand A tticus.November 24, 397.
INTERPRETATION: If any person should scorn the judge'
of the province and should suppose that his case should
be transferred to those persons who are known to command soldiers, he shall know that he will be sentenced to
exile and that the advocate who undertook the exposition
of the suit shall be condemned to the payment of a fine
of ten pounds of gold.
1o.3
The same Augustuses to Eutychianus, Praetorian
Prefect.
Jews who live under the Roman and common law shall
approach the courts in the customary manner in those

cases which concern not so much their superstition as the
forum, the statutes, and the law; and they shall bring and
defend all actions according to the Roman law; in fine,

they shall be subject to Our laws. I. Certainly, in the
case of civil suits only, if any Jews should suppose that,

by a mutual promise to abide by the decision"5 in accordance with the agreement of both parties, they should litigate before Jews or patriarchs as though before arbitrators, they shall not be prohibited by public law from
choosing the judgment of such men. The judges4 of the
provinces shall execute their sentences as if such arbitrators had been assigned by the decision of a judge.
Given on the third day before the, nones of February at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of the Most Noble Eutychianus.-February 3,
398.
All Jews who are known to be Romans shall conduct before the elders of their religion only
those actions that pertain to the discipline of their religion, so that among themselves they shall observe those
ordinances established by Hebrew law. But all other cases
which are embraced in Our laws and pertain to the forum,
they must contest before the judge' of the province, in
accordance with the law under which all other persons litigate. Of course, if both parties by mutual consent should
wish to be heard before the elders of their own law in a
civil case only, that which shall be settled by the arbitral
judgment following the agreement of a mutual promise
to abide by the decision3 5 shall be of the same effect as if
INTERPRETATION:
32 Brev. 2, I, 9.
* An imperial rescript which was a divine pronouncement, Min.

Sen., nn. 15, 25.
34 Brev. 2, I, 10; CJ I, 9, 8. 3 compromissum.
2-2-1
it had been decided in accordance with the sentence of a
judge.4
ii." The same Augustuses to Theodorus, Praetorian Pre-
fect.
(After other matters.) The governor 8 of a province
shall by no means await the overseer of the imperial
estates17 in cases of persons accused of crime,88 but he
shall have the power to produce the guilty persons in
court. He shall enforce the law without the interposition
of the fiscal representative. By the power of the judge
ordinary4 the accused person" shall be dragged out from
his hiding place, lest through collusion of the overseers
the trial may be delayed.
Given on the ninth day before the kalends of June at Milan in the
year of the fourth consulship of Honorius Augustus and the consulship of the Most Noble Eutychianus.-May 24, 398.
INTERPRETATION: If any person on the estates of the
imperial household should be found guilty of crime, the
judge4 of the province shall not await the presence of the
overseer, but he shall order the criminal" to be arrested
immediately and to be subjected to public discipline, lest
by any collusion the criminal might escape.

the Consuls, Praetors, Tribunes of the Plebs, and Their
Own Senate, Greetings.
(After other matters.) In criminal cases involving Senators the previously established general rule of the quinqueviral court shall be observed. In respect to this court,
although We believe it to be very easy to choose the best
men from the highest ranking men, nevertheless, they
shall be called by lot to act in this court in order that men
selected by design40 may not judge concerning the status'
and innocence of another. (Etc.)
Given on the eighth day before the ides of August at Ravenna
in the year of the consulship of Asclepiodotus and Marinianus.August 6, 423.42
INTERPRETATION: When any person is to be heard for
a crime of which he has been accused, five of the noblest
men shall be chosen as judges, by the casting of lots, from
the others like themselves, so that they may not appear to
have been selected by partisanship and it may not appear
that a decision is too easily reached about the capital offense or the innocence of another.
TITLE 2: NO PERSON SHALL BE JUDGE IN

HIS OWN CAUSE' (NE IN SUA CAUSA QUIS
JUDICET)
1.2 Emperors Valens, Gratian, and Valentinian Augustuses
to Gracchus, Prefect of the City.
We decree with sweeping generalization that no person
shall act as judge for himself. For since the law has deprived all persons of the right to testify in their own case,
II, 2; Brev. 2, I, II;
CJ io, Ig, 6; II, 24.
$7actordominicus.
38 rei criminosi, either criminals or persons accused of crime.
3 9, I, 13; Brev. 2, I, 12.
40 judicium, judgment, design, collusion.
41 caput, status, life.
429, I, 19; 9, 6, 4; 4, 10, 2; i,
6, II.
36 I,
1 Brev.
2 Brev.
2, 2;
2, 2,
CJ 3, 5; Burg. Rom.
i;
CJ
42.
3, 5, I; 4, 20, lo; Burg. Rom. 42.
C 39 1
No Person Shall Be Judge in His Own Cause
2-2*1
it is entirely unfair to grant to them the license to pronounce sentences.
Read3 on the kalends of December in the year of the fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-December I, 376.
Our regulation shall constrain all

men that no man may be judge of his own case, because
just as no man can testify for himself, so he cannot act
as judge for himself.
INTERPRETATION:
TITLE 3: OMISSION OF IMPETRATION OF

ACTION' (DE OMISSA ACTIONIS IMPETRATIONE)

Hierius, Praetorian Prefect.
(After other matters.) The plea that there was no impetration of an action may not be opposed to the suit that
is instituted by any person in either a higher or a lower
court, if it should appear that such action is suitable for
the subject matter of the case and is proper for the proposed suit. (Etc.)
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Felix and Taurus.-February 21, 428.4
INTERPRETATION: No person shall appear as incurring
a prejudice to his litigation because the right to bring action on his cause was not effected at a hearing before anyone. It is necessary only that his claim be approved as a
reasonable one whenever he proposes it.
TITLE 4: NOTIFICATION OF SUIT AND PUBLICATION OF RESCRIPTS' (DE DENUNTIATIONE VEL EDITIONE RESCRIPTI)
Emperor Constantine Augustus 3 to Symmachus.
If at any time a suit is to be brought by any person
against minors or adults4 or an action is to be instituted
by the minors or adults themselves against any person,
the statutory period of time' shall not begin to run unless,
with the customary formality, notification of the proposed
action has been given by all those persons and to all those
persons whom the responsibility of their office constrains,
that is, the tutors or curators appointed either by testament or official decree, by whom minors are defended.
I. But if the risk of administration of the estate of a
minor is distributed throughout several provinces, it is
necessary that notification of the action shall be given
1.2
To the Senate, or into the official records.
1 Brev.
3; CJ 2, 57. It had once been necessary for a claimant

to impetrate from the judge the right to an action before he could
bring suit. This requirement is abolished by this constitution.
2 Brev. 2, 3, I; CJ 6, 61, 2; 2, 57, 2.
8 exceptio, an exception, a defense that would bar the action, a
demurrer.
2,
43, 5, 13; 3, 7, 3; 3, 13, 4; 4, 6, 8; 5,
1,
9.
Brev. 2, 4. Before a suit could be tried, a formal notification of

the action must be given to the defendant.
2 Brev. 2, 4, I; CJ 5, 40, 2. Symmachus was probably Vicar.
3 Some manuscripts and CJ add: and Licinius Caesar.
4 Minors were persons under the age of puberty who had tutors
as guardians. Adults were persons above the age of puberty but
under the age of twenty-five years; they had curators as guardians.
5 cursus temporis, the prescribed period of time within which the
suit must be tried.
1
only to all those persons, or that the suit shall be brought

only by those persons, who sustain the burden of tutor or
curator in the province, in order that the defenders of
minors" may not be dragged into court from other provinces.
Given on the day before the nones of February at Sirmium: February 4. Received on the eighth day before the ides of March at
Corinth in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius Caesar.-March 8, 319; 318.7
INTERPRETATION: If any person perhaps should insti-
tute a suit against minors, or if on the part of a minor

any person as defendant should be accused, the statutory
time limits8 shall be computed from that date on which
either the tutor or the curator of the minor shall institute
or defend the action through the judge9 or the municipal
council; provided, however, that if men in different provinces should hold this office, that is, as curators or tutors
who defend the cases of minors, those who are in the
same province where it is proved that the suit originated
shall themselves institute or defend the aforesaid action,
because it is Our will that the defenders of minors shall
not be dragged to another province for the necessity of a
hearing. (This is added from the law.)' 0
The same Augustus to Maximus, Prefect of the City.
We decree that notification must be issued either in the
court of the governors1 2 of the provinces or in the office
of those who have the right to compose official records,13
lest any private attestation" written in the name of dead
persons or of those absent in diverse lands or of those who
are nowhere in this world should create a false credence
in transactions that have not occurred.
2.11
Given on the tenth day before the kalends of June at Sirmium in

the year of the consulship of Probianusand Julianus.-May 23, 322.
INTERPRETATION: We order that suits shall be attested' 5
in the court of the governors of the provinces or before

the defenders16 or before any of those persons in whose
office records are composed, so that no one may admit in
the attestation"5 of a suit the name of an absent or dead
person or of one who cannot be found, and so that no occasion for falsification may thus be devised.
3.1" Emperors Valentinian, Valens, and Gratian Augus-
tuses to Ampelius, Prefect of the City.

There is no occasion for demanding notification when
any person is sued for the payment of debt on the evidence
of an undeniable written instrument.
Given on the fourth day before the kalends of August at Conz
in the year of the second consulship of Gratian Augustus and the
consulship of Probus.-July 29, 371.
INTERPRETATION: Attestation 5 of a suit can have no
place when any person is held responsible for the payment of a debt on the basis of a definite written acknowledgment.
6
Both minors and adults are included in this term. See n. 4.
7 Seeck, Regesten 57.
8 tempora: cursus temporis, n. 5.
9 The governor of the province, the judge ordinary.
10 A notation added by the author or authors of the Interpretation.

112, 18, 2; Brev. 2, 4, 2.
13 actorum conficiendorum jus, the right to administer legal
proceedings, I, 12, I, n. 2.
14 testatio: contestatio, attestation, litiscontestation.
15 contestari, attest, contest; contestatio, attestation, litiscontestation, I, 2, lo, n. 26.
16 Of the municipalities.
17 Brev. 2, 4, 3.
E 40 ]
Notification of Suit
4.18 Emperors Valentinian, Theodosius, and Arcadius Au9
gustuses to Romulus, Governor of Aemilia and Liguria.

After a notification has been formally issued either by
edict or by the publication of an imperial rescript,20 which
nevertheless must have been legally impetrated, the beginning of a case is duly inaugurated, provided, of course,
that it is between persons properly and legally qualified."
I. If any person should produce in court the rescripts2 0 of
Our Eternity during the time when a case is pending, not
only shall there be no extension of the period of time of
which there shall be the statutory limits 2 2 but also whatever
rescript was impetrated shall be judged as frivolous.
Given on the fourteenth day before the kalends of July at Milan
consulship of the Most Noble Bauto.-June 18, 385.
INTERPRETATION: After a suit has been attested15 by
means of a written instrument, and through a public summons the defendant, whoever he is, has recognized the
action, then the case is said to have begun, provided, however, that the litigants are proved to be of mature age.
For if any person by a special grant of imperial favor2 0
should obtain permission 2 3 for the statutory time limits8
of his case to be extended contrary to the principles of
law, whatever he should gain for this purpose shall not
be valid.
19
5.14 The same Augustuses to Claudius, Governor of
Tuscany.
Indeed it is decreed that all cases that have their beginning from the authority of imperial rescripts 20 shall be subject to the statutory time limits.' But before all else, provision must be made that an occasion shall not be furnished
for the protraction of a hearing by the forcible entry and
seizure of property by wicked men. I. Therefore, if any
person ejected from possession should request the aid of
Our oracle,25 We decree by this law that he shall not be
mocked 26 by any delay of the time which runs from the
publication of a rescript, so that decrees of special grants
of imperial favor may not suspend the assistance given by
the law which consists in a swift restoration.
Given on the sixth day before the nones of May at Milan in the
year of the consulship of Timasius and Promotus.-May 2, 389.
INTERPRETATION: Although in cases which appear to
begin as a consequence of an impetrated action, the statutory course of time' must always be observed for answering the suit, especially in the case of persons who have
forcibly entered and seized any property, We do not allow
such persons to defer the case through any pretext. Therefore, when the person who was ejected from possession
has impetrated a hearing within a year according to the
ordinance of the law, he shall by no means be delayed in
the recovery of what he has lost. Nor shall any delay be
granted to any person guilty of forcible entry and seizure,
even if he should succeed in obtaining a special grant of
favor 2 0 of the Emperor for the purpose of delaying the
case.
1s Brev.
2, 4, 4.
19 Consularis, governor
with the rank of consular, the judge

ordinary.
20 Min. Sen., n. 25.
21 justae legitimaeque personae.
22 curricula: cursus temfporis of
n. 5.
23 Reading superaverit with Kr.
24 Brev. 2, 4, 5.
2 2, I, 9, n. 33.
26 Reading ludendum. M. reads cludendum, barred.
2-4*7
6.27 Emperors Arcadius, Honorius, and Theodosius Augustuses to Aemilianus, Prefect of the City.
If any person should bring action on a debt which
originated either from money placed on interest or from
a gratuitous loan, or which has been transformed from
any other type of obligation whatsoever into a written obligation by means of a written acknowledgment of debt,
or if he should bring an action on account of a trust28 or
should request restoration of interim possession29 that has
been violated by forcible entry and seizure, or if he should
request any interdict whatsoever, or if he should claim
that a testament is inofficious or should institute an action
concerning tutorship or the unauthorized assumption of
the management of another's affairs, then the ambiguous
technicalities of notification shall be abolished. The complainant shall be ordered to present the arguments for his
case and to set forth his allegations at the very inauguration of the hearing. The prescribed notification and the
observance of the time limits" shall be removed, but it is
Our will that the aforesaid notification and observance of
time limits shall be observed in all other civil cases where
the estimated amount involved exceeds the sum of one
hundred solidi.
Given on the fourteenth day before the kalends of August at Constantinople in the year of the sixth consulship of Arcadius Augustus
and the consulship of Probus.-July 19, 406.
INTERPRETATION: For the recovery of a debt, when a
definite written document is produced in court, or when

any person sues for the recovery of that which has been
bestowed on some person as a trust, 28 or if any person
should allege that any of his property has been forcibly
entered and seized, or if he should request any benefit of
restoration of interim possession3 within a year, or if he
should claim that a testament is not legal, or if he should
institute any proceeding relating to a tutorship, it shall
not be necessary to wait for him first to state in the public
records what he seeks or for the written order of the
action to be requested, but he must immediately set forth
his case before the judge,9 without any delay which appears
to be occasioned through the aforesaid formalities, and he
shall produce all parts of his proof. We command that this
procedure shall also be observed in civil cases, when, however, it appears that the value involved is less than the sum
of one hundred solidi. (Here an addition must be made
from the law.) 1 0
7."1 Emperors Honorius and Theodosius Augustuses to
Jovius, Praetorian Prefect.

(After other matters.) Whenever perchance there are
or can be cases involving the venerable Church, such actions shall be terminated with a speedy trial by the judges,9
but the due order of the law shall be preserved. For when
the defense of a venerable place or name has been undertaken, it is not fitting for access to the private council
chambers of the public courtrooms to be delayed for a
long time.
Given on the sixth day before the kalends of July at Ravenna
in the year of the eighth consulship of Honorius Augustus and the
third consulship of Theodosius Augustus.-June 26, 409.32
INTERPRETATION: In accordance with the reverence due
to sanctity and faith, whenever suits of the Church are

27 Brev. 2, 4, 6;
CJ 8, I, 4.
28 fideicommissum.
momentaria possessio, interim possession, immediate possession.
3o momentum, interim possession, immediate possession.
s' Brev. 2, 4, 7.
32 I6, 5, 47.
29
C 41 1
. Notification of Suit
2*4*7
brought to the public courts, they shall be ended without

any delay, and the defenders of a holy place must not be
kept in suspense by any tardiness.
TITLE 5: THE OWNERSHIP OF A THING IN

SUIT; THE COPARTIES MUST BE NAMED BY
THE PERSON TO WHOM NOTIFICATION
HAS BEEN GIVEN' (DE DOMINIO REI QUAE
POSCITUR VEL CONSORTIBUS AB EO CUI
DENUNTIATUM FUERIT NOMINANDIS)
I. Emperor Constantine Augustus.
A plaintiff shall have the right to sue any coparty that
he may wish and he shall have the right to pass over any
coparty that he may wish, according to his own desire,
provided, however, that those persons who are not sued
shall not suffer any prejudice with respect to those matters
that are adjudged, but they shall have the right to bring
their own actions whenever they may wish.
2.2
Emperor Julian Augustus to Secundus, Praetorian
Prefect.
(After other matters.) We hereby abolish and annul
the prescriptions 3 which litigants, under the pretext that
they are coparties, are accustomed to contrive when they
desire to protract a trial; and license shall be extended to
litigants, whether they are of the same forum or live in
different provinces, without adjoining the presence of a
coparty or coparties, to bring or defend actions for a part
thereof. I. The constitution4 of Constantine, My uncle,
which was promulgated about coparties, shall be abolished,
and the ancient law, in so far as it pertains to suits of this
kind, shall be preserved with all firmness, so that after all
factitious obstacles have been removed, the sly trickery of
defendant possessors can be suppressed.
Given on the third day before the nones of September at Antioch
in the year of the consulship of Mamertinus and Nevitta.-September 3, 362.
INTERPRETATION: The objections shall be abolished by

which coparties in turn excuse themselves from defending
a suit as, for instance, if they are not all in the same province or under the jurisdiction of the same judge, they appear to mock the complainants by pleading that they are
not all present at the same time. Hence We abolish this
dilatory procedure which Our uncle, Constantine, had
granted to coparties in this particular. We command in accordance with the order of the ancient law that whoever
is sued shall defend the suit for his own part and person,
and no longer shall the possessor delay the plaintiff by
this device.
TITLE 6: THE STATUTORY TIME LIMITS

AND THE RENEWAL OF NOTIFICATION'
(DE TEMPORUM CURSU ET REPARATIONIBUS DENUNTIATIONUM)
1.2 Emperor Constantine Augustus to Julius
Governor 4 of Tarraconensis.
Verus,3
1 1, 16, 6; Brev. 2, 5; CJ 3, 4o; Burg. Rom. 47.

2 Brev. 2, 5, I; CJ 3, 40, I.
3 praescriptiones-exceptiones, pleas or grounds of defense that
would bar further action, demurrers.

4 Not extant. Julian seems to have taken an especial pleasure in
abolishing the laws of his uncle, Constantine the Christian reformer.
12, 4, I, nn. I; 5; 8;
Brev.
2, 6.
When a case has been extinguished by the statutory

limit of time, either by necessity or by chance, and afterwards through a special grant of imperial favor' of Our
Clemency a renewal is granted, the decision of the judge
must be delivered to the litigants within four months, not
any later, even if they have surreptitiously gained anything from Us by a renewed supplication.
Given on the day before the nones of May at Vienna in the year
of the consulship of Sabinus and Rufinus.-May 6, 316.
INTERPRETATION: When any case exceeds the statutory
limit of time, by the intervention of any necessity or

chance, and a litigant has gained permission by a special
grant of imperial favor 5 to renew the action, judges shall
grant to the litigants no more than four months for ending the suit. When these four months have elapsed, a litigant shall by no means be heard, even though he should
obtain anything else by a special grant of imperial favor
of Our Lords.
2.6 The same Augustus to Felix, Governor4 of Corsica.
(After other matters.) If plaintiffs should prove that
though they had persistently appealed to you, they had
been repeatedly put off and thus had incurred the penalty
for lapse of time through your remissness and indolence,
because the hearing had been delayed by Your Gravity,
they shall be indemnified from your own resources for the
amount involved in the litigation which would have been
brought to trial.
Given on the ninth day before the kalends of November at Sirmium in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius Caesar.-October24, 319; 318.
INTERPRETATION: If a judge through negligence should
put off a plaintiff so long that he loses his case because
of the expiration of the statutory time limits, all benefits

which the plaintiff could have legally vindicated in the
court of the aforesaid judge shall be restored to him from
the resources of the judge himself, in accordance with the
estimate that is made.
3.7 The same Augustus to Bassus, Prefect of the City.
If one of the litigants should die during a suit, it is provided by laws8 that were previously issued that the statutory time limitation must be renewed.
Given on the thirteenth day before the kalends of June at Sirmium
in the year of the second consulship of CrisPus and Constantine
Caesars.-May 20, 321; December 19, 318.9
INTERPRETATION:
If perchance one of the litigants,
either defendant or plaintiff, should die within the time

limit that is established through a written document, the
time that had been established shall be renewed for his
successors.
Emperors Constantius and Constans Augustuses to
Acindynus, Praetorian Prefect.
4.10
If any litigant should arrive at the final day of his life

2
Brev. 2, 6, I.
The manuscripts vary on this name. Seeck conjectures Julius

Severus by comparison with 8, 18, 2.
5 indulgentia, Min. Sen., n. 25.
3
6
7
1, 16, 3; 1, 5, I; 1, 5, 9; Brev. 2, 6, 2.
5, 1, I ; II, 35, I; Brev. 2, 6, 3.
8 Not extant.
9 Seeck conjectures December, 318, from the prefecture of Bassus

May 15, 317-September I, 319. Cf. 5, I, I; II, 35, 1.
10 Brev. 2, 6, 4.
E 42 3
Deferments
before the end of the suit, the statutory time limitation"
shall not be computed, as We previously prescribed,"2 beginning from the day of his death, if his successor is of
legal age, but it must be renewed for the successor from
the day of his petition for possession of the estate" or
from the day of his entry upon the inheritance; provided,
however, that this act shall not be hidden from the defendant and that no attempt shall be made to do anything
secretly or in fraud of the time limitation." I. But if the
successor should be a minor, it is necessary for the time to
be computed after the appointed tutor or curator has completed the formalities of assuming the defense of the minor.
Given and posted on the sixth day before the kalends of January
at Antioch in the year of the consulship of Ursus and Polemius.-
2-7-2
plication3 or for producing any instruments or witnesses,

because he could not be prepared, since he was thus
dragged unexpectedly before another man's judge.'
Given on the day before the nones of March in the year of the
consulship of Volusianus and Annianus.-March 6, 314.
INTERPRETATION: When any person has surreptitiously
obtained from the Emperor an order to drag his adversary
for a hearing before a judge other than the one to whom
he was committed, just as the petitioner must not receive
a delay if he should seek it, so the party who has been
dragged into court must not be denied a due delay, in
order that he may more easily prove either through written documents or through witnesses that the plaintiff had
gained what he sought by false petition' to the Emperor.
December 27, 338.

INTERPRETATION: If any litigant should depart from
this light, the statutory time limitation for the action shall
be renewed for the heir which had been established for
the author of his right in the lawsuit, and it shall be computed not from the day on which the former person died,
but from the day on which the heir accepted the inheritance; provided, however, that no fraud shall be perpetrated as to the time from which the property has been
possessed, but the defendant shall know that he holds the
property. If the heir is a minor, the time shall be computed for the tutor or curator from that date on which,
acting on behalf of the minor, he accepted the position
of his legally competent defender and took possession of
the property.
5.15 The same Augustuses to Petronius, Vicar of Africa.

In actions between private citizens and the fisc, if a
private citizen brings the action, the statutory time limit
of four months shall be observed. But when the fisc
brings any suit against a private citizen, a period of six
months shall be observed, and opportunity to petition
through their advocates for a delay must not be denied
to either party, if any good reason should require it.
Given on the fifth day before the ides of April at Aquileia in the
year of the consulship of Acindynus and Proculus.-April 9, 340.
INTERPRETATION:
Whenever an action arises between
the fisc and a private possessor 1 6 about some claim, if the

private citizen is suing the fisc, the fiscal agent shall have
a delay of four months for his answer. But if the fisc

should suppose that it should sue to recover anything from
a possessor,16 the possessor must not be denied a delay of

six months for his answer, provided a just reason is recognized for granting the delay.
TITLE 7: DEFERMENTS'
BUS)
(DE
DILATIONI-
Emperor Constantine Augustus to Ursus, Vicar.

Whenever any person submits an imperial rescript to
an extraordinary judge, a delay must be denied him completely. But a person who is summoned to appear in court
must be granted a delay for proving the falsity of the sup1.2
11cursus temporis; n. I.
12 This constitution is not extant.
The same Augustuses to Julianus, Prefect of the City.

The statutory time limitation for seeking a restoration
to the former condition 7 must be observed as has already
been established, if it is the plaintiff who seeks a delay
that can be included within the limits prescribed by law;
and such delay must be granted upon cognizance of the
cause,8 whosoever may demand it. But if such an extension of time is demanded that it cannot be confined within
the space fixed by law, that is, if the delay is sought within
the limits of the aforesaid legally prescribed time but
would extend these limits, the delay must be denied the
plaintiff. For it was within his power to bring his suit at
the time when the delay of the petitioned deferment could
have been included within the remainder of the legally
prescribed period. I. But if the defendants should request
the assistance of a delay for their defense, We sanction
that it shall be granted upon cause shown, 9 without any
obstacle of time limitation, because it was by no means
within the power of the defendant to determine when he
was going to be sued. Therefore, such a delay must be
granted, even though the amount of time impetrated should
extend beyond the limitation prescribed in the imperial
constitution. If this delay should be impetrated by the defendant, the plaintiff is by no means prohibited from using
it for assembling his proofs.
Given on the fourteenth day before the kalends of August.2.6
July ig. Posted at Rome in the year of the consulship of Constantine and Maximus-327.
INTERPRETATION: It is clearly established that a period
of four months shall be granted to plaintiffs seeking any
type of restoration to a former condition.7 Whence if that
space of time is requested which the law has conceded,
that is, a period that cannot exceed four months, it must
be granted. But if such a delay is requested that it exceeds the time limit established by law, such delay must
be denied the plaintiff, because he ought to have known
that his action must be ended within the period of time
prescribed by law. But if the defendant should perhaps
seek an extension of time, whatever is granted to petitioners must by all means be granted to him without any obstacle of the time limitation, because the defendant could
not know when he was going to be called to court by his
adversary. When the defendant is granted a postponement
so that he can answer in court, the plaintiff also shall be
able to make necessary preparations for his case.
13 bonorum possessio.
14 The text may be corrupt here. The translation is conjectural.

Io, 15, 3; BreV. 2, 6, 5; CJ 3,
16 possessor, a landholder ?
II, 6.
I Brev.
2 Brev. 2, 7,
15
2, 7; CJ 3, II.
3 Min. Sen., n. 57.

4 alienus judex.
5 supplicatio, since the Emperor was divine, n. 3.
Brev. 2, 7, 2; CJ 2, 52, 6.
7 restitutio in integrum, 2, 16.
1causa cognita, on judicial investigation.
9 adserta causa.
I; CJ 3, 11, 2.
C 43 1
Deferments
2*7*3
3(4).1o Emperors Arcadius and Honorius Augustuses to

Messala, Praetorian Prefect.
(After other matters.) To litigants involved in cases
concerning personal status or property, a period of nine
months is believed to be sufficient even for a transmarine
deferment.' (Etc.)
Given on the twelfth day before the kalends of December in the
year of the consulship of the Most Noble Theodorus.-November
2o (August 21), 399.
INTERPRETATION: As often as a case arises concerning
freeborn status or property, the litigants shall without
doubt receive a delay of nine months if they declare that
matters essential to their case are in transmarine regions.
TITLE 8: HOLIDAYS' (DE FERIIS)

1.' Emperor Constantine Augustus to Helpidius.
Just as it appears to Us most unseemly that the Day of

the Sun3 (Sunday), which is celebrated on account of its
own veneration, should be occupied with legal altercations
and with noxious controversies of the litigation of contending parties, so it is pleasant and fitting that those acts
which are especially desired shall be accomplished on that
day. I. Therefore all men shall have the right to emancipate and to manumit on this festive day, and the legal
fornalities4 thereof are not forbidden.
Posted on the fifth day before the nones of July at Cagliari in the
year of the second consulship of Crispus and Constantine Caesars.
-July 3, 321.
INTERPRETATION:
Although We had ordered that on

the holy Day of the Lord' all litigation and suits must
cease, nevertheless We by no means prohibit emancipation
and manumission, and by corresponding regulation We
permit the legal formalities thereof to be performed.
18.6 Emperors Gratian, Valentinian, and Theodosius Augustuses to Principius, Praetorian Prefect.
On the Day of the Sun,8 which our ancestors rightly
called the Lord's Day, the prosecution of all litigation,
court business, and suits, shall be entirely suspended. No
person shall demand the payment of a public or a private
debt, nor shall there be any cognizance of controversies
before arbitrators, whether they have been requested in
court or chosen voluntarily.
I. That person shall be adjudged not only infamous but
also sacrilegious who turns aside from the inspiration and
ritual of holy religion.
Posted on the third day before the nones of November at
Aquileia:7 November 3. Received on the eighth day before the
kalends of December at Rome in the year of the consulship of
Emperor Designate Honorius and of Evodius.-November 24, 386.
19.8 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Albinus, Prefect of the City.
10 Brev. 2, 7, I;
31
CJ
3, ii, 7.
In order to obtain evidence from across the sea.
1 Brev. 2, 8; CJ 3, 12.
2 Brev. 2, 8, I; CJ 3, 12, 7. Helpidius was perhaps a vicar.
3 Dies Solis. Constantine purposely identifies the pagan day for
the worship of the sun with the Lord's Day of the Christians.
4 acta, I, 12, I, n. 2.
5 The pagan influences had been largely eliminated at the time
that the Interpretations were written by the medieval commentators.
6 Constitutions 2-17 have been lost. With 18 cf. 8, 8, 3; ii, 7, 13.
7 Trier, G.
8 Brev. 2, 8, 2; CJ 3, 12, 6; Burg. Rom. II, 5; Lex Visigoth.
(Chindaswind) 2, I, io.
We order all days to be court days.9 It shall be lawful

for only those days to remain as holidays which throughout two months a very indulgent year has recognized as a
respite from toil for the mitigation of summer heat and
for the harvesting of the autumn crops.10 I. We also set
aside the kalends of January (January I) as a customary
rest day. 2. To the aforementioned days We add the natal
days of the greatest cities, Rome" and Constantinople, 12
to which the law ought to defer, since it also was born of
them. 2. We count in the same category the holy Paschal
days, of which seven precede and seven follow Easter;
likewise the Days of the Sun' (Sundays) which revolve
upon themselves at regular intervals. 4. It is necessary for
Our anniversaries also to be held in equal reverence, that
is, both the day which brought forth the auspicious beginning of Our life and the day which produced the beginning of Our imperial power.
Given on the seventh day before the ides of August at Rome in
the year of the consulship of Timasius and Promotus.-August 7,
389.
INTERPRETATION: We command that cases shall be heard
according to the law on every day throughout the course
of the year. Although the law has conceded four monthso
for gathering the harvest, yet We believe that it must be
done according to the nature of the provinces and the
presence of the owners, so that from the eighth day before
the kalends of July (June 24) up till the kalends of August (August I) harvest holidays shall be granted, and
from the kalends of August (August I) to the tenth day
before the kalends of September (August 23) permission
shall be granted for pleading cases. Also from the tenth

day before the kalends of September (August 23) till the
ides of October (October 15) vintage holidays shall be
granted. Also the Lord's Days, which are holidays, We
exempt from the hearing of cases or the exaction of debts.
We also exempt the holy days of Easter, that is, the seven
which precede and the seven which follow. Likewise it is
also Our will that the birthday of Our Lord and Epiphany
shall be celebrated without the clamor of legal debate. Also
the birthday of the Emperor and the beginning of his
reign must be observed with equal reverence.
20. The same Augustuses to Proculus, Prefect of the City.
Contests in the circuses shall be prohibited on the festal

Days of the Sun (Sundays), except on the birthdays of
Our Clemency, in order that no concourse of people to the
spectacles may divert men from the reverend mysteries
of the Christian law.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-April 17, 392.
21." The same Augustuses to Tatianus, Praetorian Prefect.

All legal actions whether public or private shall be excluded from the fifteen Paschal days.
9 juridici dies, days when actions could be heard in court, as opposed to holidays.
10 Or: summer heat and the two months for the harvesting. Cf.
the Interpretation.
11 April 21, the legendary date of the foundation of Rome by
Romulus in 753 B.C.
12 May Ii, the official date of the foundation of Constantinople
by Constantine in 330 A.D.
13 CJ 3, 12, 7.
[ 44
Pacts and Compromises

Given on the sixth day before the kalends of June at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus--May 27, 392.
Emperors Arcadius and Honorius Augustuses to

Heraclianus, Governor4 of Paphlagonia.
We call to remembrance that We formerly commanded
by law', that the ceremonial days of pagan superstition
should not be considered among the holidays.
22.
Given on the fifth day before the nones of July at Constantinople

in the year of the consulship of Olybrius and Probinus--July 3,
395.
23. The same Augustuses to Aurelianus, Praetorian Prefect.

On the Lord's Day, to which the name was given out
of the very reverence for it, neither theatrical plays nor
contests of horses nor any spectacles which were devised
to effeminatel6 the spirit shall be celebrated in any municipality. But indeed the birthdays of the Emperors shall be
celebrated, even if they should fall on the Lord's Day.
Given on the sixth day before the kalends of September at Constantinople in the year of the consulship of the Most Noble Theodorus.-August 27, 399.
24. The same Augustuses to Hadrianus, Praetorian Prefect.

Out of respect for religion We provide and decree that
on seven days of Quadragesima and on seven Paschal
days, when through religious observances and fasts men's
sins are purged, and also on the birthday17 and on Epiphany, spectacles shall not be produced.
Given on the day before the nones of February at Ravenna in the
year of the consulship of Stilicho and Aurelianus-February 4,
4oo; 405.1-8

Praetorian Prefect.
(After other matters.) On the Lord's Day, which is
commonly called the Day of the Sun, We permit absolute25.
Jovius,
ly no amusements to be produced, even if by chance as the

ends of the years return upon themselves this day should
be the anniversary of the day when the beginning of Our
reign shone forth, or if it should be the day to which are
assigned the solemn rites that are due to the birthday.' 1
Given on the kalends of April at Ravenna in the year of the
eighth consulship of Honorius Augustus and the third consulship
of Theodosius Augustus.-April 1, 4o9.x1
26.20 The same Augustuses to Johannes, Praetorian Prefect.

(After other matters.) On the Sabbath Day and on all
other days at the time when the Jews observe the reverence of their own cult, We command that no one of them
shall be compelled to do anything" or be sued in any way,
since it appears that the other days can suffice for fiscal
advantages and for private litigation. (Etc.)

Given on the seventh day before the kalends of August at Ravenna
in the year of the eighth consulship of Our Lord Honorius Augus14 Corrector, the judge ordinary.
16 mollire, relax?
15 Not extant.
l7Natalis dies, the Birthday of Our Lord?
18 Probably the second consulship of Stilicho (405). Six constitutions are dated 40o but should have the date 405. They are
2, 8, 24; II, 20, 3;
16,
2, 35; 16, 5, 37; 9, 38, 10; I1,
1,
Brev. 2, 8, 3; GJ
21 Perform a compulsory public service, G.
20
INTERPRETATION: It is Our pleasure that no Jew shall

be sued on the Sabbath Day, either for any fiscal advantage or for any business transaction whatsoever, because
the day of their religion must not be disturbed by any
legal action.
TITLE 9: PACTS AND COMPROMISES'

PACTIS ET TRANSACTIONIBUS)
(DE
Emperor Constantine3 Augustus to Rufinus, Praetorian

Prefect.
(After other matters.) We do not allow litigation to be
revived if it has been terminated by judicial decision or
by compromise.
1.2
Given on the fourth day before the ides of May4 in the year of
the fifth consulship of the Augustus Himself5 and the consulship of
Licinius Caesar.-May 12, 319; 352.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Eutropius, Praetorian Prefect.,

When a pact has been drawn up in writing and legal
strength has been added thereto through the binding effect
of an Aquilian stipulation, either the consent of the parties
must be given to acts done according to the law or the
penalty provided must be paid, and any payments that are
proved to have been made must be returned before the
cognizance of the case.
2.6
Given on the third day before the nones of June at Constantinople in the year of the consulship of Eucherius and Syagrius.June 3, 381.
3.7 Emperors Arcadius and Honorius Augustuses to

Rufinus, Praetorian Prefect.
If any person who has attained his majority should suppose that he should violate a pact or a compromise that
had been made under no duress but by his own free will
and judgment, and if he should suppose that such an
agreement should be impugned either by an appeal to a
judge or by a supplication" to the Emperors or by his refusal to fulfill those promises which he had affirmed by
invoking the name of God Almighty as his witness,9 not
only shall he be branded with infamy but he shall also be
deprived of his right of action, and he shall be compelled
to pay the penalty which is proved to have been inserted
in the pact. He shall also forfeit both the ownership of
the property in question and the advantages that he was
to have gained from that pact or compromise. All of these
22 8, 8, 8. According to 16, 8, 20, this was the ninth consulship
of Honorius and the fifth consulship of Theodosius.
I Brev. 2, g; Burg. Rom. 38, I; CJ 2, 3-4.

2 Burg. Rom. 33,
5.
3 Six laws bearing the name of Constantine were issued to Rufinus, Praetorian Prefect. All of them were issued by Constantius.
They are: 7, 21, I; 6, 35, 3; 2, 9, I; 3, 5, I; 5, 2, I; 13, 3, 2. Cf.
8,
2,
12, 6.
4 At Sirmium, according to 3, 5, 1. See also 7, 21, I; 6, 35, 3;
9, 1; 5, 2, I; 13, 3, 2; 8, 12, 6. Probably in the fifth consulship of
Constantius Augustus and the consulship of Constantius Caesar

(352).
5 1,
7
27, 1, n. 17.
Brev.
2,
9, I;
27. See also
38, 1.
1, 9, 13.
Min. Sen., n. 57.
CJ
2,
6 CJ 2,
4, 41; Consultatio
4, 40.
1, 12;
7, 7; Burg. Rom.
8supplicatio, since the Emperor must be approached as a divinity,
Sirm. 2.
19 16, 8, 19.
2*9'3
22
tus and the third consulship of Our Lord Theodosius Augustus.
-July 26, 409; 42.
>auctor, guarantor.
[ 45
Pacts and Compromises
2"9*3
benefits shall immediately be assigned to those persons

who have preserved the terms of the pact inviolate. I. We
also order that those persons shall be deemed worthy of
the loss of such suits or the profit, respectively, who have
inserted Our names in the agreements and have sworn by
the life of the Emperors in confirmation of the pacts into
which they have entered.
Given on the fifth day before the ides of October at Constantinople in the year of the consulship of Olybrius and Probinus.October II, 395.
If any person, after the twenty-fifth

year of his age,10 should violate his own pact or agreement
which he has published, constrained by no duress, and
INTERPRETATION:
which he is recognized to have made of his own free will

and if he should presume to appeal to judges or to approach with supplication" the minds of the authorities
against that which he has done, or if he should neglect to
fulfill those provisions of the pact which his own written
agreement testifies that he promised under the interposition of an oath, not only shall he be pronounced infamous
because of this fact, but also he shall not be permitted to
plead his case, and he shall be forced to pay the penalty
which he specified in the pact. Whatever was assigned as
his part through the aforesaid writing shall be immediately
conferred on those persons who have preserved the terms
of the published pact without any violation. Also We order
that those persons shall be constrained by the provision of
a similar penalty who insert in their agreements oaths
which they swear by the names of -Our Lords,12 and who
then neglect to fulfill the agreement. This penalty shall
accrue to the advantage of those persons who preserved
the oaths and agreements, as a reward for their observance
of the pact.
TITLE 10: PLEADINGS' (DE POSTULANDO)
1.2
Emperor Constantine Augustus to Antiochus, Prefect
of the City Guards.

We hereby revoke the order' by which a fixed number
of advocates was prescribed for the separate tribunals,
and We grant to each and every advocate the license to
strive for the glory of this profession according to the
power of his own genius in whatever courtroom he wishes.
Given on the kalends of November at Sofia (Serdica) in the year
of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-November 1, 319.
2.4 The same Augustus to Antiochus, Prefect of the City
Guards.
Suits are being abandoned and are lapsing on account
of the statutory time limits while advocates are being hurried away through many bureaus 5 and different courtrooms. 6 Therefore, We decree that advocates shall not
have the power to plead before another judge if they have
once officially registered to plead cases before you.
7
Posted on the kalends of November at Sofia (Serdica) in the

year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-November I, 319.
10
When a minor attained his full majority.
11
preces, n. 8.
12
The Emperors.
12, II; 8, Io; 10, 15; Brev. 2, io; CJ 2, 6. The profession of law
had been socialized and a quota was established for the number of
those who were allowed to practice.
2 2, 10, 2.
3 Not extant.
4 2, 10, I; 2, 6.
5 officia.
6 secretaria, private council chambers, especially those of a judge.
7 Given? Cf. 2, 10, 1; II, 36, 19.
The same Augustus to Helladius.

It has become increasingly evident that some advocates
have preferred enormous and illicit profits to their own
good reputation, demanding as emoluments in the name
of honoraria a certain portion of the value of those cases
which they have undertaken to defend, to the serious damage and spoliation of the litigants. It is Our pleasure,
therefore, that all those persons who persist in such criminal perversity shall be completely excluded from this
profession.
3.8
Given on the third day before the kalends of April in the 'year
of the consulship of Paulinus and Julianus.-March 30, 325.

There are advocates who by means of criminally extortionate agreements rob and strip bare those persons who
need their help, and who consider not the right of a client's case but the quality and quantity of his farms, herds,
and slaves and demand that the best part of such property
shall be signed over to them by a forced pact. We order
that such advocates shall be excluded from the assembly
of the honorableo and from the sight of the courts.
Given on the eighth day before the ides of March at Constantinople in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-March 8, 326.11
INTERPRETATION: There are advocates, that is, pleaders
of cases, who through wicked avarice, before they will
undertake a case, first force clients whose cases they are
going to conduct to make agreements in writing affecting
their property in such a way that all their more valuable
assets, in the form of fields or slaves or herds, shall be
transferred to the said advocates under a promise of defense. Therefore We order that those persons who are
apprehended in such crimes against those to whom they
have promised protection shall be excluded from the assembly of honorable10 men and from the communion of
the courts.
5-12 Emperors Valentinian and Valens Augustuses to

Olybrius, Prefect of the City.
If any person should wish to be an advocate, he shall
assume only that one role in conducting cases. The same
person cannot be advocate and judge in the same suit,
since it is necessary that there shall be some distinction
between judges and advocates.
Received on the twelfth day before the kalends of September in
the year of the consulship of the Augustuses Themselves. 1 3-August
21, 368; 370.
INTERPRETATION: If any person should wish to undertake or conduct cases for others, he shall know that he
shall vindicate only this task for himself, lest he should
wish to have the role of both judge and advocate in that
suit which he has undertaken.
6.1' Emperors Honorius and Theodosius Augustuses to

Eustathius, Praetorian Prefect.
(An excerpt of material that is necessary to this place.)"
II, 39, 1; CJ 2, 6, 5. The official position of Helladius is un-
known. This constitution and the one following provide for the disbarment of dishonest advocates.
9 Brev. 2, 10, 1.
10 honesti, a class designation, here, the advocates.
11 A corrupt subscription; Bassus was Prefect of the City 317-319.

12 2, 2; Brev. 2, io, 2; CJ 2, 6, 6.
13 Valentinian and Valens, I, 27, 1, n. 17.
14 Brev. 2, 10, 3; CJ 2, 7, 4.
15 De re necessaria ad locum, equivalent to the more commonly
[ 46 ]
2*12*3
Cognitors and Procurators

There is another special grant of imperial favorl 6 that
shall be of effect not only throughout the forum of Your
Magnitude but in all courts, that is, that if sons under
paternal power17 have acquired or should acquire any
wealth from a profession of this kind" or in connection
therewith, this wealth, as their especial property, they
shall be able to vindicate to their own ownership after the
death of their fathers, just as in the case of a military
peculium under such a general rule as that which the prerogative of the official cincture has granted to soldiers by
right of active military service.
Given on the tenth day before the kalends of April at Constantinople in the year of the thirteenth consulship of Our Lord
Honorius Augustus and the tenth consulship of Our Lord Theodosius Augustus.-March 23, 422.
INTERPRETATION: A son shall know that whatever he
has acquired during the lifetime of his father from his
services as an advocate in the conduct of cases may be
vindicated by him, just as a military peculium which is
proved to be acquired by sons who are in active military
service or who have gained courtroom authority' 9 during
the lifetime of their parents.
TITLE 11: THE ERRORS OF ADVOCATES'

(DE ERRORIBUS ADVOCATORUM)
I.2 Emperor Constantine Augustus to Furius Felix.
The errors of advocates in a competent court do not
prejudice the litigants.
Given on the fifth day before the kalends of August in the year
of the sixth consulship of Constantine Augustus and the consulship
of Constantine Caesar.-July 28, 320.
INTERPRETATION: If through error an advocate in a
case should say anything to the prejudice of his accepted
client, it must by no means prejudice the person by whom
he was employed, if an objection 4 is voiced immediately
against the actual error.
TITLE 12: COGNITORS AND PROCURATORS'

(DE COGNITORIBUS ET PROCURATORIBUS)
I.' Emperor Julian Augustus to Secundus, Praetorian Prefect.
There is no doubt that after a case has been formally
published' in court, a procurator appointed as principal4
of the litigation may carry to a conclusion the litigation
and the suit thus begun, even after the death of the person who gave him the mandate to conduct his defense,
since, to be sure, the founders of the ancient law intended
used phrase, post alia, after other matters, Min. Sen., n. 49. Cf. Nov.
Maj. ii, i; Nov. Sev. x; Collatio 15, 2, 4; Consultatio 6, 15-19;
9, 3; 9, 7; 9, 13; 9, 18; 7a, 3; 8, 7. This is a notation of the compilers of CTh. From a lengthy constitution that dealt with various
matters, the compilers selected the part that was appropriate for
this title, thus following the instructions of Theodosius as issued to
the Codification Commission in I, 1, 5-6.
16 beneficium.
17 filiifamilias.
18 As advocates.
19 judiciaria potestas, the right to practice as an advocate before
the courts (judicia), or: judicial authority, authority as judge?
12, 1o, n. I; Brev. 2, II; CJ 2, 9.
2 Brev. 2, II,
$ Perhaps the Governor of Corsica.
4 reclamatum
I Brev.
2
Brev.
I.
est.
2, 12; CJ 2, 12; Burg. Rom. 35, 4.

2, 12, I; CJ 2, 12, 23; Burg. Rom. 35, 4.
3 publicata,that is, when an action has been formally instituted.

4 dominus.
such procurator' to have the power both to institute another as procurator and to transmit to his heirs a suit already begun.
Read into the public records on the day before the nones of
February in the year of the fourth consulship of Julian Augustus
and the consulship of Sallustius.-February 4, 363.
When any person has been instituted

as principal' and procurator of a suit for the recovery of
anything whatever, and through action for recovery he has
attested' the suit which he has undertaken during the life
of the mandator, even if the person who gave him such a
mandate should depart from this light, the procurator
shall be permitted to sue in his own name for the thing
which he had undertaken to recover. If he should wish, he
shall be permitted, as principal,* to appoint another procurator in this case who shall have the right to sue, and
he shall be allowed to transmit the action to his heirs and
his successors. Just as procurators only and not principals also of litigation can be validly appointed to defend
against those persons suing for things which the mandator possesses, so, in the case of actions for the recovery
of anything, a person who brings the action and seeks recovery is permitted by law to appoint procurators and
principals of litigation. It is required only that a mandate,
when made in the form of a gift, shall be entered in the
public records.
INTERPRETATION:
2.' Emperors Valentinian and Valens Augustuses.

A case common to several persons can be conducted,
even though some of them are absent, if those present are
prepared to guarantee that an absent principal will ratify
this action, and if they should be sued for anything, they
should make certain by giving security that the judgment
will be satisfied.
Posted on the sixth day before the ides of December in the year
of the consulship of the sainted Jovian and of Varronianus.-December 8, 364.
3.8 Emperors Gratian, Valentinian, and Theodosius Augustuses to Pancratius, Prefect of the City.
At the beginning of a suit the person9 of the procurator
must be investigated and whether he is exercising a mandate which he received for conducting the case. When
these facts have been duly and formally established, sentence can be pronounced. Moreover, cases are not customarily pleaded"o if such formalities are omitted, nor
can there be a trial. (Etc.)
Given on the day before the nones of April at Constantinople in
the year of the consulship of Antonius and Syagrius.-April 4,
382.
INTERPRETATION:
When a case is first brought before

the judge, the reliability" of the persons must be investigated, so that he who prosecutes the case of another must
arrange to produce the mandate of the one whose case he
has undertaken to conduct.
5 is, the original mandator? The sentence is ambiguous.
6 contestatus litem, litiscontestation of the Civil Law, I, 2, 1o, n. 26.
7 Brev. 2, 12, 2; CJ 3, 40, 2; Consultatio 3, 12.
8 Brev. 2, 12, 3; CJ 2, 12, 24; 8,
4, 6; Consultatio 3, 13.
9 persona, person, legal status, authority entrusted to the procurator by the principal.
10 nec dici controversiae solent, they are not accustomed to be
called suits.
11firmitas personarum, the validity of their authority as procurators.
47
Cognitors and Procurators
2*12*4
4.12 Emperors Theodosius, Arcadius, and Honorius Au-
gustuses to Victorius, Proconsul of Asia.

A procurator, even though he be the husband of the
principal, must execute only that which has been prescribed by the procuracy issued to him.
Given on the fifth day before the kalends of July in the year of
the third consulship of Theodosius Augustus and the consulship of
Abundantius.-June 27, 393-13
INTERPRETATION: If any
man should prosecute a case

of his own wife, although he is her husband, he shall do
nothing other than that which she has commissioned him
to do through a mandate.
5.14 The same Augustuses to Rufinus, Praetorian Prefect.
In no way can women conduct lawsuits further than

they are legally qualified, nor can they intervene15 for
other persons.
Given on the fourth day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of the Most Noble Abundantius.-September 28, 39316
INTERPRETATION:
By no means shall women have the

power to conduct cases other than their own, and they
shall know that the case of no person may be prosecuted
by them.
6.' Emperors Arcadius and Honorius Augustuses to
Andromachus, Prefect of the City.
(After other matters.) No person in the imperial service18 may undertake or defend cases, nor engage in the
trial of another's case as a patron.' 9 (Etc.)
Given on the day before the nones of July at Milan in the year
of the consulship of Olybrius and Probinus.-July 6, 395.20
Persons in the imperial service"8 are

not permitted by law to undertake cases of others, nor can
they become procurators.
INTERPRETATION:
7.21 Emperor Theodosius Augustus and Valentinian Caesar

to Asclepiodotus, Praetorian Prefect.
If, after a suit has been formally attested, 22 either the
procurator or the cognitor who has been appointed as
agent for the litigation should happen to die, by no means
shall his heirs be sought, so that an occasion of labor may
not be extended for the principal4 of the case on account
of a superfluous matter, but all rights of action shall immediately pass to the person who had been the principal'
of the case. To the successors of the procurator no claim
about this matter shall be left except only in the name of
expenses or outlays that the procurator had incurred on
account of the litigation.
I. Indeed, this does not appear incongruous for the cognitor, since it is manifest that action on the judgment is
granted without any delay, either against the principal or
to the principal, whether the cognitor or procurator of a
party who is present experiences prosperous fortune in
the suit or is defeated by an adverse fortune.
2. Indeed, it shall suffice to have said this about the
agents of the suit who act in the role of plaintiff.2 s But to
128, 13, 5; Brev. 2, 12, 4;
138 , 13, 5.
CJ 2,
12, 21;
Consultatio 8, 2.
14 Brev. 2, 12, 5.
15 intervenire, intervene, become surety.

164, 3, I; 4, 8, 9; II, 30, 52.
17 Brev. 2, 12, 6.
18 militans, either a civilian apparitor or a soldier.
19 That is, as an advocate.
20 7, 12, 3; 8, 8, 7.
21 Brev. 2, 12, 7.
22 lis contestata, litiscontestation of the Civil Law, I,
23 actor.
2,
lo, n. 26.
those acting in the role of defendant there is no doubt that

the same is permitted, although the legal position of the
latter has been abundantly protected by the provisions of
the ancient laws, which in like manner allow nothing new
to be required if any person should be appointed as cognitor or procurator in his own case. (Etc.)
Given on the eighteenth day before the kalends of December at
Victor.-November 14, 424.24
INTERPRETATION: A procurator is a person to whom a
case is entrusted through a mandate. A cognitor is one
whom the litigant who is present has enjoined in the presence of a judge to undertake his case without a mandate.
If a man should be appointed only as procurator or cognitor and not as both principal and procurator and should
depart from this light by any contingency whatsoever
after the suit has been attested,22 from the litigation entrusted to him by mandate he transmits nothing to his
heir except only the right to recover expenditures or outlays which the heir shall prove that the author of his
right had incurred in the case that he had accepted, but
the litigation indeed reverts to the mandator.
Whether the procurator of a party who is present should
be defeated or victorious, the action on the judgment shall
be granted against the principal4 or to the principal, not
against the procurator or to the procurator. The same rule
shall be observed in the case of a procurator of a possessor
who has been sued, according as he is defeated or victorious in the suit. If any person should be made principal4 and procurator in his own case and if he himself
should then appoint a procurator for his own advantage,
similarly the outcome of the judgment shall look to the
principal, 4 not to the agent.
TITLE 13: TRANSFER OF ACTIONS TO POWERFUL PERSONS' (DE KCTIONIBUS AD POTENTES TRANSLATIS)
(After other matters.) If written acknowledgments of
debt' of any kind should be transferred4 to powerful persons, the creditors shall be penalized by the loss of the
debt. For it appears to be plain greed on the part of creditors when they buy other men as the enforcers of their
own rights of action. (Etc.)
Given on the fifth day before the ides of July at Ravenna in the
year of the thirteenth consulship of Our Lord Honorius Augustus
and the tenth consulship of Our Lord Theodosius Augustus.July II, 422.5
If any person should transfer to

powerful persons written acknowledgments of debt for
the purpose of collection, he shall lose the entire debt, because where there can be a right of recovery, a person in
INTERPRETATION:
24
4,
14,
1.
1 Brev. 2, 13; CJ 2, 13. This was an age of high handed violence.

The poor and weak were intimidated and oppressed by the rich and
powerful, since the governmental machinery was largely in the
hands of the upper classes who conspired with each other to obtain what they wanted.
2 Brev. 2, 13, I; CJ 2, 13, 2.
3 cautiones.
4 For collection.
5 The eighth consulship of Honorius and the fifth of Theodosius
(412), Kr.; but cf. 2, 28, I; 2, 30, 2; 2, 31, I; 2, 32, I; 8, 8, lo.
E 48 ]
Fraud
authority6 must not be invited by creditors for the purpose of exacting payment.
TITLE 14: THOSE PERSONS WHO FRAUDULENTLY EMPLOY THE NAMES OF POWERFUL PERSONS IN LITIGATION OR WHO
AFFIX TITLES TO LANDED ESTATES' (DE
HIS QUI POTENTIORUM NOMINA IN LITE
PRAETENDUNT AUT TITULOS PRAEDIIS
AFFIGUNT)
Messala, Praetorian Prefect.
We have observed that many men, in desperation because of the injustice of their cases, oppose to those by
whom they are summoned into court notices of title' of
powerful persons and the prerogatives of the Most Noble'
dignity. I. Lest in fraud of the laws and to the terror of
adversaries, they misuse these names and notices of title,'
those persons who knowingly connive at trickery of this
kind shall be branded with infamy by public sentence. 2.
But if such powerful persons have in no wise given their
consent that statements of claim4 or notices of title' in their
names should be affixed to the houses of others, such punishment shall be inflicted on those who commit such acts
that they shall be flogged with leaden scourges and consigned to the perpetual punishment of labor in the mines.
3. Therefore, when a person is sued at law, if he believes
that the name of another should be inserted in the answering statements or notices of title,' although he is himself
the possessor of the property in dispute and of the legal
right thereto and although he himself receives the notice
of the legal action which is formally brought against him,
he shall be penalized by the forfeiture of the possession5
and of the case 6 that he has tried to maintain or to evade
under cover of this fraud. He shall not have the right to
renew the action, even though the merits of a good case
support him. 4. Those persons shall certainly be branded
as prodigal of their reputation and as trafficking in chicanery who willingly allow their names to be inserted in lawsuits of others, although they are legally entitled to neither
ownership nor possession.

in the year of the consulship of the Most Noble Stilicho.-November 27, 400.7
We have learned that many men defend or prosecute their cases through powerful persons
by affixing on homes written statements of claim or notices of title' in the name of those men who are of distinguished rank, in order that they may more easily terrify
the possessors. Indeed, We have observed that when persons are sued for anything, they defend themselves especially by bringing forward answering statements in the
name of men of influence and of Most Noble' rank. But
INTERPRETATION:
potestas.
1 Brev. 2, 14; CJ 2, 14; Burg. Rom. 43. Tituli, titles, claims to

title. 2, 13, n. i. The poor could be intimidated by the assertion that
a powerful man laid claim to the title of disputed property.
2 BreV. 2, 14, I; CJ 2, 14, I; Burg. Rom. 43; Edict Theod. 46.
3 Senatorial.
4 libelli.
5 Or: forfeiture of the possession which he has tried to retain or
of the case which he has tried to evade.
6 The house which he has tried to vindicate, M.
7
I, 5, I3; 8, 5, 59-6o; 10, 3, 5; II, 26, 2.
2-15-1
if this offense should be committed with the consent of

those persons whose names are attested by the said written
statements, their dignity must be publicly branded for all
vileness. Indeed, those persons who presume to conduct
their cases through such fraud shall be beaten with leaden
scourges and condemned to lifelong service in the mines.
Whence if any person is sued for a thing of which he is
the recognized owner and he should wish to defend himself
by the misuse of the name of another, or if he should presume to create disquietude by using the name of another,
he shall lose his case; he shall also lose both the possession
and the right of recovery of the thing which is the subject
matter of the litigation, although he may have a case of
good merit.
TITLE 15: FRAUD' (DE DOLO MALO)
1.2 Emperor Constantine Augustus to Symmachus, Vicar.
We deem it best that an action of fraud shall be granted,
upon investigation of the case,3 to those persons who are
found to have the right to bring suit, not within a period
of time from that day on which any person alleges that
he learned a fraud had been committed and not within
the time of a usable year,4 but rather within the continuous
time of a year from that day on which the fraud is alleged
to have been committed; but if by chance the person
against whom action is brought should in any way depart
to a considerable distance, neither shall the plaintiff be
burdened with the necessity of notifying him, nor shall
the presence of the absent person be demanded.
I. Nevertheless if any person should wish to attend the
trial when such an action has been impetrated 5 against him
and is about to be decided, he shall not be prohibited from
doing so; but when an action of fraud has been impetrated 5
and when the suit has been transferred to the proper judge,
it shall be decided within the space of two years; the reck-
oning of the time shall be made from the time when the
case has been legally begun before the proper judge, in
accordance with the practice in all other litigation. 2. The
plaintiff shall desist and repose in perpetual silence unless
the whole case has been decided within the two continuous
years which follow the day on which the action was impetrated.5 3. All men, therefore, shall know that license is not
granted either to institute an action of fraud after two
years or to finish it after two years, if the action had been
commenced before that time.
Given on the eighth day before the kalends of August at Nish
in the year of the fifth consulship of Constantine Augustus and the
consulship of Licinius Caesar.-July 25, 319.
INTERPRETATION: Fraud exists whenever through any
writing or trickery those things which were defined are
changed through the contents of such writing; or if any
person through the illegal introduction of documents or
any surreptitious act is so persuaded that he appears to
consent to that which will be against his interests; or
when anything similar to such dishonest devices is proved,
upon investigation by the judge, to have been committed.
Therefore, if any person should complain that he has suffered from fraud, he must begin and end his action within
2
Brev. 2, 15; CJ 2, 2o.
Brev. 2, 15, I; CJ 2, 20, 8.
3 causa cognita, on cause shown, on cognizance of the case.
I annus utilis, a judicial year; the period of a year, exclusive of
holidays, during which cases may be brought in court.
5 The plaintiff was required to obtain permission from the judge
before he could institute action; 2, 3.
[ 49 1
Fraud
2*15-1
two years. Beyond that period he shall know that time is

not granted to him either for the institution or for the
termination of an action. For if it should happen that
either the party who is said to have committed the fraud
or the party who was the victim of it is absent, the plaintiff shall know that he is allowed, for finishing the action,
two years from the time when he instituted the action before the judge.
TITLE 16: RESTORATION TO THE ORIGINAL
CONDITION: (DE INTEGRI RESTITUTIONE)
1.2 Emperor Constantine Augustus to the People.
There is no doubt that, by the assistance of imperial
sanctions, protection has been provided for minors by
means of restoration to their original condition, against
fictitious sales and against the trickery of their tutors. If
by chance the aforesaid tutors should be proved to have
alienated any of their own property in fraud of their
guardianship, it is clear that provision has been made for
minors by the Interdict of Fraud.'
Given on the ides of March at Sirmium in the year of the seventh
consulship of the Augustus Himself and the consulship of the
Caesar.-March 15, 326; 329.
INTERPRETATION: It is established that due provision
has been made by law for those persons who are in their
minority. Therefore, as protection against the fraud of
tutors and the sales which they have extorted from minors
by any fiction or anything which they have done unjustly
under the name of tutorship, such tutors shall know that
there must be restitution in accordance with the benefit
of the law.
The same Augustus to Bassus.

It is Our pleasure that the time for the attestation of a
suit 6 shall be extended, after the completion of the twentyfifth year of age ;7 that is, from the time on which the first
day of the twenty-sixth year dawns until the final day of
the thirtieth year, when the suit is brought in the City of
Rome or within the hundredth milestone of the City of
Rome, provided, however, that it is a case that must be
decided by those judges who are at Rome. But throughout all Italy the time shall be extended until the close of
the twenty-ninth year; in all other provinces, until the
completion of the twenty-eighth year. After that time has
passed, all persons shall clearly know that thereafter the
law denies them any protection, since the necessity of instituting an attestation' has been abolished, and We restrict
to a specified class the cases for restoration to the original
condition which must be ended and decided.
I. Moreover, if by chance through Our special grant
of imperial favor any person should receive a grant of the
benefit of legal age," the same reckoning of time shall be
observed from that day on which Our special grant of
imperial favor is announced in a competent court and the
2.5
Brev. 2,
23, 30, 3;
16; CJ
2, 21.
Brev. 2, 16, I; CJ
2, 27, 2.
3 The property of tutors was obligated in case of their maladministration.

4 FraudatoriumInterdictum; D 46, 3, 96; 36, I, 69.
5 Brev. 2, 16, 2; CJ 2, 52, 5; Burg. Rom. 36, 5, 36, 9. Bassus was
Prefect of the City 317-319.
6 contestatio, litiscontestation, the formal institution of a suit, I,

1o, n. 26.
7 Of
a minor who brings suit.
8 venia aetatis; 2, 17.
2,
administration of his own property is released to him, so

that he shall have the continuous time that is provided
for the prosecution and termination of cases for restoration to the original condition.
2. Of course, if at any time a minor should succeed to
the rights of a minor, he shall in no way be prohibited,
when he has passed the twenty-fifth year of his age, from
taking advantage of the full time allowed for the benefit of
restoration. 3. But if a minor should acquire the rights of
a major, in so far as pertains to rights of action which he
acquired through such person, he shall receive only so
much time for the institution and termination of cases for
restoration to the original condition as remained to the
deceased of whom he is proved to be the heir or the possessoro of the estate.
4. But when a major acquires the inheritance of a minor,
the entire period of time without any diminution shall be
allowed for the trial of a case for restoration. If, indeed,
he has succeeded according to the civil law" either on
intestacy or by testament, the period shall be computed
from the time when he formally declared his intention to
enter upon the inheritance, or when he entered upon it;
but if he has succeeded by the honorary law,12 computation
shall be made from the time when the possession13 of the
estate was accepted. We order that these time limits shall
be observed, not with reference to the districts, regions, and
provinces in which the heirs or possessorso of inheritances
sojourn, but with reference to those in which the deceased persons had established their domiciles.
Given on the eighth day before the kalends of August at Nish:
July 25. Posted at Rome on the nones of October in the year of the
fourth consulship of Constantine Augustus and the consulship of
Licinius Caesar.-October7, 315; 319.14
INTERPRETATION: It appears to be just that after the
twenty-fifth year of his age, when a person has entered
upon the twenty-sixth year, he should lodge an attestation6
of an action before a judge and sue for those things which
he wishes to be restored safe and entire, on the plea of
the incompetence of his age, since his affairs were managed
disadvantageously during his minority, either through his
own action or through the fault of tutors or curators. In
these provinces" only shall those things which he had
wrongfully lost be restored to him entire with the principal
matter saf.e only until the twenty-eighth year of age, if he
has filed an attestation of suit. For also if any person
should suppose that he should supplicate Our Serenity
for a special grant of the benefit of legal age,8 he shall
know that what is contained in the following law is granted
to him. Thus without suffering any disadvantage derived
from Our special grant of imperial favor he shall have
the full period of time up to the amount fixed above for
being restored to the ownership of those things which he
had managed badly.
9 By law.
10 bonorum possessor.
11 Jus Civile, the common law of Rome.
12 Jus Honorarium, the law as modified by the praetors in their
edicts during the time of the Republic and the early Empire, "judge
made law."
13 bonorum possessio.
14 M. conjectures the fifth consulship of Constantine and the consulship of Licinius (319), from the place in which the constitution
was given and from the prefecture of Bassus (317-319). Cf. 2, 15, 1.
15 Apparently the Interpreter is referring to a certain group of
provinces in one of which he lives. It is not clear what provinces
are meant.
Eso
The Benefit of Legal Age

But if perhaps a minor in years should succeed to the
inheritance of a person who, himself also a minor, has
departed from this light, he must not be prevented, when
he has come to his twenty-sixth year, from instituting an
attestation of a suit' and from claiming for himself, on
grounds which were available to the deceased, recovery of
the matters to be tried. But if indeed a minor should acquire the inheritance of a person who was of full legal
age at death and should presently obtain restoration to the
original condition, in lawsuits he shall have the advantage
of those periods of time which were legally available to
the decedent major.
When, moreover, a major has succeeded a minor,
whether by testament or by any right whatsoever, as soon
as the inheritance of the deceased has fully come into his
possession, whatever right was available to the pupil for
obtaining restoration to the original condition shall pass
to the right of action of the major, provided that he shall
follow the forum of that province in which it is proved
that the deceased minor lived.
Julianus Secundus, Proconsul of Africa.
It is established that due provision is made by innumerable ordinances for the interests of both women and
minors in those matters which they have either overlooked
or of which they were ignorant.
3.16
Given on the day before the nones of March at Ravenna in the

year of the consulship of the Most Noble Constantius.-March 6,
414.17
Aid is given to minor women just as

to minor men in all cases. Just as the law itself says, the
Emperor decrees that wise provision has been made for
major women in consideration of the frailty of their sex
in many matters which they have overlooked through ignorance; that is, if they have become sureties for any
person, they are not held obligated on account of the said
suretyship. If in very difficult cases through ignorance
of the law and statutes, they should perhaps sign a document of mandate relating to their own business affairs,
in order that the person to whom they have given the
mandate should transact some affair of theirs, and if the
mandatory should write himself in the document not only
as procurator but also as principal, help is given to the
women who have been deceived through such fraud. Moreover, all other contracts which women of legal age make
publicly and in formal documents shall remain valid.
INTERPRETATION:
TITLE 17: THOSE PERSONS WHO IMPETRATE THE BENEFIT OF LEGAL AGE' (DE
HIS QUI VENIAM AETATIS IMPETRARUNT)
Emperor Constantine Augustus to Verinus.
If any youths8 possessed of honorable character should
wish to govern more advantageously by their own management their paternal savings or their ancestral patrimonies,
whether urban or rural, and should begin to need imperial
1.2
16
Brev.
17
4, 22, 6.
2,
16, 3; CJ
2, 21,
8; Consultatio 9,
12.
2-17-1
aid, thus finally they may venture to impetrate this benefit

of legal age, when the age of completed youth, the twentieth year, has begun to open for them the door f or the
entrance upon most stable young manhood, provided that
after the benefit of legal age has been impetrated, the
aforesaid youths who make a formal allegation of this
special grant of imperial favor shall not only themselves
prove that they have attained the number of years prescribed by law, but they shall also call as witnesses men
endowed with the rank of honorable 4 or an equal or greater
dignity, who shall testify to their moral conduct and the
integrity of their character by the evidence of an honorable life. I. When they have gained this privilege under
these conditions, they shall obtain in the alienation of their
landed estates as much right belonging to legal age as the
laws and nature are accustomed to confer upon any person
through the measure of years and periods of time.
ia. We sanction also that since the age of women outstrips that of men by two years because of an earlier
puberty, the interval of time shall be observed also in this
case, and they can obtain the rights of legal age when they
have passed their eighteenth year, provided that they are
recommended by honorable character, intelligence of mind,
and an established good reputation. On account of their
modesty and timidity We do not compel these women to
be pointed out by witnesses in a public assembly, but when
they have obtained the benefit of legal age, We allow them
to send a procurator and prove their years by documents
only or by witnesses. Thus they themselves shall have such
rights in respect to all contracts as We have prescribed
that men shall have.
2. These provisions shall be effected in such a way that
Senators shall prove their character and honorable status
in the office of Your Gravity, those of the rank of Most
Perfect before the prefecture of the vicar,5 Roman knights
and the others before the prefect of the City guards, and
shipmasters before the prefect of the annona.
3. On the aforesaid age, since it is midway between
fully complete youth and most robust young manhood,
We impose the designation of the age of stability." Therefore the first age is childhood, the following, youth, this
age of stability6 is the third, the fourth is legal age, and
the fifth, old age.
4. Also in contracts themselves, this appellation, must
be included in the subscription, so that not the mere name
of the vendor shall be inserted in the documents of sale,
but it shall be indicated that such and such a person made
the purchase7 from such and such a person, who is of
the age of stability' and is rated as a man of honorable
status, and that he, the seller, is of the age of stability;
provided, however, that because the hope of fraud has
been removed, those persons who have obtained this special
grant of imperial favor shall continue to be exceptionally
careful in selling their landed estates and that they shall not
alienate landed estates without a decree.
Given on the fifth day before the ides of April at Thessalonica.April 9. Posted on the third day before the kalends of June at Rome
4 honesta dignitas.
1 Brev.
2, 17; CJ 2, 44.
2 Brev. 2, 17, I; CJ 2, 44, 2. Verinus was Prefect of the City, according to the Code of Justinian.
3adulescentes, apparently equivalent to adulti, minors above the
age of puberty.
5 The prefecture of the vicar was the office of the vicar, the representative of the prefect, i, 15.
6 firmata aetas, confirmed age.
7 M. would omit: such and such
purchase. He would then

read: indicated by the person who is of the age.
'
The Benefit of Legal Age
2-17*1
in the year of the second consulship of Crispus and Constantine

Caesars.8-May 30, 321; 324.
INTERPRETATION: Youths3
who are proved to be of

honorable character and who wish to have the proper legal
status for governing their own affairs must first implore
the aid of the Emperor, before they attain legal age, that
is, when a man begins his twentieth year. When they have
received such a privilege, they must register it in accordance with this order in the public records, so that they
shall prove that they have completed the course of twenty
years and that they are living an honorable life. Thus they
shall have the unrestrained power to transfer their landed
estates into the ownership of others, with the interposition
of a decree, however.
But as for women, since they reach the age of puberty
when they are two years younger, thus two years are also
subtracted for them, so that when they have reached their
eighteenth year, those who are commended by the reputation of honorable character shall not be compelled to prove
their age in public, but by sending a procurator, they shall
prove in writing that they have completed the number of
years that We stated above, and they shall have power
in contracts similar to that of men; provided that of whatever position and rank a person may be, that person must
prove before the appropriate judge those things which We
have prescribed.
Therefore, when they have attained the age of stability,6 which follows youth, they shall signify in every
writing or instrument of sale that they are honorable men
and of the age of stability. However, such privileges shall
be permitted to those persons who have obtained this special grant of favor of the Emperor for establishing their
age of stability, as We have said, and they shall not presume to alienate their landed estates without the order of
the judge or a decree which is given on the order of a
judge or by the consent of the decurions.
TITLE 18: COURT TRIALS' (DE JUDICIIS)
Emperor Constantine Augustus to Maximus.
The judge must examine all things thoroughly and investigate the state of affairs with full inquiry. He must
show patience with regard to questions, to the exposition
of the case, and to additions thereto, in order that, when
the action of the parties is ended, this litigation shall reach
its limits,3 not through the intervention of the judge, but
through the complete satisfaction of the litigants. By repeated inquiry and by continued interrogation the judge
shall demand whether there is any new matter remaining
which should be added to the allegations in the legal contest, since the aforesaid procedure is to the advantage of
both parties, whether the case is to be ended by the judge or
is to be referred to Our Wisdom. Nothing which lacks a
full report' shall be sent to Us.
1.2
5
Given on the day before the ides of January at Sirmium in the
-January 12, 321.
INTERPRETATION: When a judge begins to hear a case,

he shall patiently receive the assertions and the responses"
of the litigants, and he shall thoroughly inquire into all
things with a full examination. He shall not wish to block
the litigants with his sentence except when all matters
have been completed and the litigants have nothing more
which they may submit in this controversy. Until the time
when the truth of the matter is discovered, it is necessary
for repeated interrogations to be made, so that nothing
may perhaps remain overlooked, because if the case must
be finished before the judge himself, he must know all
the details. But if indeed the matter should demand that it
be referred to the cognizance of the Emperor, there must
be a complete report,7 after a full investigation, to accompany the reference" thus made.
The same Augustus to Maximus, Prefect of the City.

(Material relevant to this place.)9 The judge shall fine
as contumacious any person who knowingly neglects to
appear in court.
2.
Given on the tenth day before the kalends of June at Sirmium

in the year of the consulship of Probianus and Julianus.-May 23,
322.10
3.11 The same Augustus to Severus, Prefect of the City.
A hearing shall be granted to no person at all who

divides the content of his case and who wishes through
the prerogative of a special grant of imperial favor to
present before different judges a matter which could be
terminated in one and the same court. If any person
should supplicate the Emperor in violation of this sanction
and should request two judges, one for a question of possession and another for the principal question, the penalty
is prescribed that after a complete estimate of the value of
the thing for which he is suing has been calculated, he
shall pay a fifth part to the commonwealth of that municipality 2 within whose boundaries the thing contested is
located.
Posted on the third day before the kalends of August in the year
of the consulship of Paulinus and Julianus.-July 30 (May 23), 325.
INTERPRETATION: No person at all shall be heard if he
should divide the presentation of a single case before
two judges, so that before one judge he submits the principal business and before another he demands that the
thing be assigned to him by the benefit of interim possession.13 If any person perhaps should presume to commit this offense, he shall know that he will be condemned
to suffer the following penalty: he shall not recover in any
way that which he seeks, and he shall forfeit to the commonwealth of the municipalityl 2 within whose boundaries
the thing under consideration is located a fifth part of his
resources" that are located there.1 5
6 responsiones, statements in rebuttal.
7
suggestio, a report, usually with recommendations.
8 relatio, reference of a case to the Emperor for consultation or

decision.
9 ad locum. M. omits this phrase. Cf. 2, lo, 6, n. 15.
8 The third consulship of Crispus and Constantine (324), G.

I Brev. 2, 18; CJ 3,
2 II,
1.
30, II; Brev. 2, 18, I; CJ 3,
1,
9. Maximus was Prefect of
the City.
3 metas comprimere.
4 instructio, a statement of the case, with the pleadings and documentary proof in full, a brief.
5 June, according to Seeck. Cf. II, 30, II.
102, 4, 2.
11 Brev. 2, 18, 2; CJ 3, I, 10.
12 res publica civitatis.

13 momentum, interim possession, immediate possession.
14 Note the discrepancy between the constitution and the Interpretation: the constitution specifies that the fine shall be one fifth of
the value of the property involved in litigation. Such discrepancies
in meaning are not uncommon.
15 Kr. here inserts Title 18 A, De Ordine Judiciorum, the Order
of Procedure of the Courts.
52 ]i
Inofficious T estaments
TITLE 19: INOFFICIOUS TESTAMENTS' (DE
INOFFICIOSO TESTAMENTO)
1.2 Emperor Constantine Augustus to Lucrius Verinus.
Uterine brothers shall be prohibited from bringing actions on inofficiosity. The opportunity to petition without
the aid of the praetor' shall be open only to brothers
german, provided that the status of agnation remains unimpaired,4 and only against those persons instituted as
heirs, who shall be proved to have been stigmatized with
the brand of a detestable turpitude.
Given on the ides of April at Sirmium in the year of the fifth
consulship of Constantine Augustus and the consulship of Licinius
Caesar.-April 13, 319.
INTERPRETATION:
Uterine brothers, that is, those born

from different fathers and from the same mother, shall
not be permitted to bring an action against the testament
of a brother as being inofficious. But the right to bring
action against a testament is reserved for brothers german, that is, for brothers born from the same father, if
they were passed over, and this only if the inheritance has
been left to base persons, that is, infamous persons; for
example, to prostitutes on account of lust, or to natural
children because of dishonorable affection, or indeed to
women of the stage,' or to one's own freedmen, provided
that the brother german himself had not been deported
into exile for his own crime, that he had not become a
slave through captivity or had not, through emancipation,
lost the rights of succession and of action.
2.6 The same Augustus to Claudius, Governor 7 of Dacia.
It is true that the authority of the law has ordained that
the burden of proof' shall rest on the persons of sons'
rather than of mothers, so that those sons9 who institute
actions on the grounds of inofficiosity shall prove within
the prescribed period of time that this act'o was due
to no fault of theirs, that they had not given any offense
to their parents but had continually respected them as the
religion of nature itself demands, and that they had observed discipline inviolate and unflagging. Thus if they
should prove these claims, they shall be able to set aside
the testaments of their parents.
Nevertheless, if a mother should institute such an action
against the testament of a son9 as inofficious, We order
that a diligent investigation shall be made as to whether the
son, though offended by no just cause, had done an injury
to his mother by his last will and did not leave her the
"mournful" and legal portion."' If these charges are
proved, the testament shall be set aside and the succession
bestowed upon the mother, provided that there are no
consanguineous agnates surviving the deceased.
1
Brev. 2, 19; CJ 3, 28.

2, 19, I; CJ 3, 28, 27. On Lucrius Verinus, cf. 12, II, I;
14,4, 2; also 2, 17, I; 2, 24, I; 9, 15, I; 9, 21, I; 9, 34, 1.
2 Brev.
3 A survival of the judicial power of the praetor, most of whose

original judicial functions had disappeared by this time and whose
chief duty was the supervision of the public games. Cf. 6, 4; 2, 16,
2,
n.
r2.
4 agnatione durante: See the Interpretation.

5 thymelicae, chorus girls.
* Brev. 2, 19, 2; CJ 3, 28, 28.
8 labor.
9 filius, filii, son, child; sons, children.
10 factum: that is, the injury of passing over the sons in the will.
11 luctuosa et legitima portio, as a consolation for the death of
her son.
2-19-3
If by chance the mother should beset her son with dishonorable deeds and unbecoming desires or should seek
to entrap him either secretly or openly or should unite
herself in friendship with his enemies and should conduct
herself in other particulars so as to be considered an
enemy rather than a mother, when such charges have been
proved, even though she be unwilling, she shall acquiesce
in the will of her son.
Given on the eighth day before the ides of February at Sofia
(Serdica) in the year of the second consulship of Crispus and
Constantine Caesars.-February6, 321.
INTERPRETATION: Although the law has given more
powerl2 to sons' to bring suit if they have been passed over
in a testament than it does to mothers, so that a son may
institute an action concerning an inofficious testament of
his mother, that is, if she has not left to her son 9 a fourth
part of the due portion," provided, however, that the sons9
shall be able to prove that they have in no way impaired
the reverence due to a mother but have continued to be
respectful as is fitting. Thus the testament of the mother
in which they were passed over shall not be valid.
If a mother should bring an action against the testament
of a son 9 and should claim that the testament is inofficious,
there must be diligent investigation to determine whether
the mother may be proved to have done nothing against
her son, or if, possibly, she had attempted treacherously to
harm him either publicly or secretly, or if perhaps she had
furnished advice and aid against her son to his enemies,
which is impious. But if a mother had not committed such
offenses, but has been passed over, she can set aside the
testament which her son has made, because he has not left
her a fourth part of his property; provided, however, that
it should. be proved that the son had neither consanguineous agnate brothers, that is, sons of the same father, nor
descendants of these agnate brothers in the male line. For
if it is proved, as said above, that a mother has been passed
over on account of her own manifest enmity, she shall
acquiesce in the will of her offended son, even though she
is unwilling.
3.14 The same Augustus to the Council of Byzacium.
A slave must be instituted as necessary heir, because

he thus appears to obtain the infamy as well as the patrimony."6 I. Whence it appears that an action on inofficiosity is made available to the brothers of the deceased,
since the former slave who exists as heir is besprinkled
with the taint of infamy; and there must be delivered to
the brothers all the property which the instituted heir cannot take because of moral turpitude or any slight mark
of infamy.
2. Thus in this respect also whenever brothers shall be
excluded by the appointment of freedmen as heirs, they
shall prevail when an action on inofficiosity is instituted,
and they shall take possession of all the property of the
deceased which the said deceased has wrongfully wished
to belong to freedmen.
12 Potestas. The Interpretation seems to contradict the meaning of
the constitution, perhaps through a mistaken identification of the
meanings of labor and potestas.
13 The portion that would have come to him on intestacy.
14 Brev. 2, 19, 3; CJ 3, 28, 27. Observe the casuistry.
11 It was customary for an insolvent master to will his estate,
with a grant of freedom, to a slave. The disgrace of bankruptcy
was thus attached to the slave and the name of the master was
cleared.
S53
2-19*3
Inofficiou s Testaments
Given on the seventh day before the kalends of August at Klilnl6

in the year of the consulship of Pacatianusand Hilarianus.-July
26, 332; July 27, 313.
INTERPRETATION: If through the necessity of debt a

master has left to his slave an inheritance along with a
grant of freedom,'- the power to institute an action against
the will is granted to brothers german who have been
passed over, since such a person' appears to be infamous.
When this infamous person has been disqualified, the freedom which he has gained shall nevertheless remain unimpaired, but the brothers german shall recover the inheritance for themselves,"'
If freedmen also have been instituted as heirs through
a testament when brothers german have been passed over,
in like manner the brothers german of the deceased shall
exclude the aforesaid freedmen from the goods of their
brother's inheritance and shall vindicate for themselves all
the property which he has left.
period of time is granted to them if they wish to bring

action against the testaments and wills of their parents.
If that period of time should elapse and the action has not
been begun, the claims of all persons with reference to
inofficiosity shall expire. But a claim begun within the five
year period shall maintain an action up to thirty years.
All claims against a will26 shall remain unimpaired and

shall be preserved for those persons who may perhaps begin to have a right of action on grounds of inofficiosity or
of excessive gifts, or for any person who testifies that he
has been passed over. For We decree that such institutions
of heirs must be confirmed in such a way that the road

shall by no means be closed to available actions.
Given on the sixteenth day before the kalends of March at Ravenna in the year after the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-February 14,
2
4.19 Emperor Constantius Augustus and the Caesar o to
413-
Given on the fourteenth day before the kalends of June in the

year of the consulship of Taurus and Florentius.-May 19, 36r.
7." Emperor Theodosius Augustus to Asclepiodotus,

Praetorian Prefect.
If any person should acknowledge as valid the will of a
deceased person, he is prohibited from instituting an action on grounds of inofficiosity.
Olybrius.
When a man, in anticipation of death, writes" that
if in the judgment of a responsible man23 anything less has
been left his children than is necessary to make up that
fourth part of the estate to which meritorious children
alone are entitled by right of succession, the aforesaid
amount must be completed in money for the children by
the heir, it is manifest that no longer does any right of
complaint remain concerning the testament or gifts, especially since the just valuation which reduces the account
to money shall defeat and repress all such complaints.
INTERPRETATION: Whenever a father gives instructions

by testament that a fourth part of the property left by him
shall be given to his children and he supposes that the payment of this portion in money should be entrusted to the
judgment of responsible men,2 whether the father should
write this in a testament or deed of gift, a child shall have
no right of action against the will of the father, provided
that he shall obtain in money the fourth part belonging to
his portion, which he was to have from all the property
which his father left at the time of his death.
5.24 Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Hypatius, Praetorian Prefect.

A period of five years has been established for the institution of actions on the ground of inofficiosity, and the
same period of time is furnished to children also who
allege that the wills of their parents are inofficious.
INTERPRETATION: All claims against the will of a deceased person, which were established in the above law,
shall be preserved in such a way that it shall be permitted
to institute an action on grounds of inofficiosity, and if
any person should claim that he has been passed over, he
shall be heard. But We order that all these regulations
shall be observed in such a way that if any other claim
can be brought in opposition with reference to the testament or gift, it shall be heard in all cases.
Given on the seventh day before the kalends of March at Constantinople in the year of the consulship of the Most Noble Victor.
-February 24 (4),
424.
INTERPRETATION: If any person should wish to institute an action against the will of a deceased person, he
shall not have permission to do so if he has accepted or

vindicated anything left to him by the testament.
TITLE 20: INOFFICIOUS GIFTS'
FICIOSIS DONATIONIBUS)
(DE INOF-
I.' Emperor Constantius Augustus and Julian Caesar to

Olybrius.
There must be absolutely no doubt that all complaints of
excessive gifts have been introduced into the laws in ac-
INTERPRETATION: If any person should wish to declare

a testament inofficious, he shall know that he has the right
cordance with the pattern of complaints of inofficious testaments. It shall be considered in this regard that in the
case of both complaints there shall be either the same or a
similar cause of action and the same requirements with
respect to the time of bringing the complaint and the character of the parties.
to begin an action within five years from the day of the

death of the deceased. Children also shall know that this
Given on the fourteenth day before the kalends of June in the year
of the consulship of Taurus and Florentius.-May ig, 361.
Given on the fifth day before the kalends of June at Padua in the
Saturninus.-May 28, 383.
Constantine was not at K6ln (Colonia Agrippina) during this

year (332), Kr. Cf. 4, 10, 1.
16
INTERPRETATION: It is certain that a complaint that a

gift' has been made shall be judged as similar to a com-
17 persona, the former slave.
25
1s If the inheritance is found to be solvent.
26
19 2, 20,
20 Julian.
I; Brev.
Olybrius was perhaps Prefect of the City.
2,
ig, 6; CJ 6, 23, 19.

274,
4, 7; Brev. 2, 19, 7.
1 Brev.
24
j6, 7, 3; Brev. 2, 19, 5; Burg. Rom.
54 1
31, 2.
2, 20; CJ 3, 29.
2, 19, 4; Brev. 2, 20, I;
CJ 3, 29,
was probably Prefect of the City.
3 That is, an excessive gift.
2
22 That is, makes a written statement in his will.

bonus vir.
8, 17, 4; Brev.
2, 19, 4.
21 moriens, a decedent.
23
, 2, 12;
judicium (mentis).
9; Burg. Rom. 32, 2. Olybrius
The Vindication of Property

plaint in respect to an inofficious testament. The person to
whom this action is available, as being similarly passed
over, is permitted to institute an action against this gift
within the five year period constituted above, even if a
portion less in amount than the fourth part has been left
to him. Just as in the case of an inofficious testament, he
can institute an action that the gift shall be voided.
TITLE 21: INOFFICIOUS DOWRIES' (DE INOFFICIOSIS DOTIBUS)
1.2 Emperor Constantius Augustus to Maximus, Governor'
of Cilicia.
When it is claimed that a whole inheritance has been
exhausted by a dowry, it is clearly consonant with the
law' that, according to the example of inofficious wills,
opportunity shall be granted to institute an action against
the excessive dowry and that the children who complain
shall have paid to them the benefits that are due to them.
Given on the fourteenth day before the kalends of January at
Sirmium in the year of the consulship of Datianus and Cerealis.December 19, 358.
INTERPRETATION:
Whenever it is proved that an entire

inheritance has been so exhausted through a dowry that a
fourth part of the said inheritance has not been reserved,
the children of the deceased shall be permitted to institute
an action against the dowry, according to the pattern of an
inofficious testament, and to seek the portion owing to
them by law.
2.6 The same Augustus and Julian Caesar to Pomponianus.
When a dowry has been given by a wife to her husband, it
is established that children of a former marriage shall have
no action for the recovery of this dowry, if it neither exceeds three fourths of the estate nor is established in
fraud of the Papian Law."
Given on the fifteenth day before the kalends of January at
Sirmitm7 in the year of the tenth consulship of the Augustus Himself and the third consulship of Julian Caesar.-December 18, 360;
357.
INTERPRETATION: If a woman should give a dowry to
her second husband, if she has children by a former husband, and if she has not reserved for them three twelfths,
that is, a fourth part from her property, the dowry which
was given to her second husband contrary to the Papian

Law' shall not be valid. (Here it must be added from the
law what the Papian Law is.) 8
TITLE 22: CLAIMS FOR INHERITANCES' (DE
HEREDITATIS PETITIONE)
1.2 Emperor Constantine Augustus and the Caesar to
Maximus, Prefect of the City.
If a man should lose the dignity of Roman citizenship
2-23*1
and thereby become a Latin and if he should depart from

the boon of light while in the said status, his entire peculium' shall be vindicated by his patron or by those children or grandchildren of the patron who have in no way
lost the right of agnation. 4
I. The children' shall not be permitted to undertake a
suit as though it were a controversy over an inheritance,
since the nature of the status of the deceased rather must
be considered-not the status which he received as his lot
through the benefit of the freedom which was granted to
him, but that status in which he departed from the boon
of light.
Given on the third day before the kalends of February at Sofia
(Serdica) in the year of the seventh consulship of the Augustus
Himself and the consulship of the Caesar.6 -January 30, 326; 32o.7
INTERPRETATION: If any Roman citizen who is a freed-
man should be made a Latin freedman on account of his

involvement in some wrongdoing and if while in this same
status of Latinity he should depart from this light without
the restoration of his former status, his patron or the children or grandchildren of his patron, provided that they
descend through the male line and have not been emancipated, shall vindicate for themselves the property of the
said freedman. If the freedman should perhaps leave children whom he has begotten as a Roman citizen, they shall
not presume to take anything from his inheritance, because investigation must be made, not as to the kind of
liberty in which the children were born, but the legal
status in which their father was situated when he died.
TITLE 23: THE VINDICATION OF PROPERTY' (DE REI VINDICATIONE)
I.' Emperors Honorius and Theodosius Augustuses to
Crispinus, Count and Master of the Horse.

If a person who is protected by his terms' of armed imperial service should construct any building on public land
or should mark off definite areas with any enclosures whatsoever, he shall possess the same under Our general authorization with permanent legal title and indefeasible
ownership, and no person thereafter shall dare to demand
the aforesaid properties from Our Clemency by a surreptitious claim. I. We also sanction that if before this time
any soldier 4 under a similar condition has occupied parcels
of public lands in order to possess them, and if it should
later be disclosed that he lost the same through other nebulous claims, 5 the aforementioned property shall be restored to him; provided, however, that the land occupied
by the soldier4 in the manner which We have set forth
shall be proved to have been possessed previously by no
one; or provided that it can be proved that these soldiers4
by their own free will had perhaps transferred to others
3The property acquired by these Latins was considered a pe-
Brev.
2, 21;
CJ 3,
2 Brev. 2, 21, I;
culium, just as the property of a slave.
30.
CJ 3, 30, I.
Praeses, the judge ordinary of the province.

4 Or: It is easy to bring it into harmony with the law. Cf. D i,
3
3, 13.
5 Brev. 2, 21, 2. The identity of Pomponianus is uncertain.

6 The Papian Law was issued under Augustus in 9 A.D. It penalized celibacy and childlessness.
7 Constantius was not at Sirmium on this date.
8 A notation of the Interpreter for the benefit of consultants.
I Brev.
2, 22;
CJ 3, 31.
Brev. 2,
22,
1.
4 Usually by emancipation from the paternal power.

5 Of the deceased Latin.
6 Constantine the Younger was Caesar at this time.
7 The year was probably 320, the year of the sixth consulship of
Constantine Augustus and the consulship of Constantine Caesar,
since the prefecture of Maximus extended only to that year.
1 Brev. 2, 23; CJ 3, 32.
2 Brev. 2, 23, 1.
3 stiPendia. Veterans had many special privileges. 7, 20.
4 miles, militans, a member of the imperial service.
5 per alias competitionum nebulas, petitions to the Emperor.
Css 1
2*23-1
The Vindication of Property
the property which they had held. 2. In order that no person indeed after this decree of Our Divinity may dare to
take surreptitious possession of these parcels of land which
are comprised in the present general rule of Our Oracle,6
We order a fine of twenty pounds of gold to be imposed.
Given on the fifth day before the kalends of March at Ravenna
in the year of the consulship of Asclepiodotus and Marinianus.February 25, 423.
INTERPRETATION: If any soldier 4 should perhaps construct a building on public land or should suppose that he
should construct anything for his own advantage, he shall
not be expelled through the chicanery of any person at
all, but the property shall remain his by perpetual right.
If the aforesaid soldier 4 while employed in Our service
has built up a public place or has perhaps occupied it for
cultivation, he shall possess it in a like manner, provided
that this land has not been previously held by anyone, to
whom the aforesaid soldier 4 would manifestly be an encroacher. Even if any person should obtain anything surreptitiously from the Emperor contrary to this provision,7
not only shall the impetrated right be invalid but also the
dishonest claimant shall be forced to pay twenty pounds
of gold to the fisc.
TITLE 24: CASES OF THE PARTITION OF A

PATRIMONY' (DE FAMILIAE HERCISCUNDAE)
Emperor Constantine Augustus to Verinus.3
When property is to be partitioned, there can be no
doubt that consent without any dispute must be given by
the heirs who were under the power of the testator at his
death.' I. But this provision has reference to such writings
as those in which the intention of the deceased is discovered to have been such that he is understood from them
to have made plans only concerning his testament, even
though it appears to be contrary to the law. Also such
written documents must be valid among the aforesaid
class of heirs' only, just as in this case writings which
are informally begun are valid, although they lack the support of any legal formality and rest upon the foundation
of intent alone. 2. For although writings which were begun under the name of testaments are understood to lose
effectiveness because they have not been completed as
testaments and although they cannot in any manner be
called anything else, nevertheless, final dispositions which
reproduce the color and form of legality ought more justly
to appeal to the laws which incline to favor them. 3. Therefore, since by the civil law' or by the aid of the praetor,6
the right of succession to the deceased is bestowed upon
his children and his grandchildren as being the heirs under
his power at his death,4 even though a testament is said to
have been begun but not completed or if a writing is said
1.2
6 This constitution, coming as it does from

was considered divine, Min. Sen., n. 15.
7 Min. Sen., n. 25.
the Emperor, who
1 Brev. 2, 24; CJ 3, 36. The partitions of inheritances among heirs.

2 Brev. 2, 24, I; CJ 3, 36, 26.
3 Verinus was Prefect of the City from September 13, 323 until
January 3, 325. Cf. 2, 19, 1, n. 2.
4 sui heredes, the natural heirs.
5 The common law of Rome.
6
Most of the original judicial functions of the praetor had dis-
appeared by this time. Cf. 2, 16, 2, n. 12, 2, 19, I, n. 3.
to lack legally binding words or the requisite legal formality, it is Our pleasure that the intent of the deceased
shall be given special consideration and that it shall be
complied with at once when the estate is partitioned. No
person shall retain any more than what is revealed in the
writing to have been assigned to him, in order that the
memory of the deceased parent shall not be violated and
that occasions for litigation shall be destroyed.
Given on the fourth day before the kalends of September in the
year of the second consulship of Crispus and Constantine.7-August
29, 321; 324.
INTERPRETATION:
Whenever the property of a father is

divided among the children and grandchildren, the will of
the father or the paternal grandfather must be especially
observed in all matters, even if his testament is unfinished
or if it is not subscribed by the statutory number of witnesses or registered in the public records; if, nevertheless,
it is recognized that the aforesaid decedent has made any
arrangements in respect to his estate, whatever he wishes
each of his children or grandchildren of either sex to
have, each heir shall defend for himself without any competition" from a co-heir. No person shall take possession
of anything which the said author of the right' has left to
another co-heir. But that arrangement which is proved
through any writing to be in accordance with the intent of
the author of the right 9 shall be observed among the children and the grandchildren from children of the male sex.
2."o
The same Augustus to Constantius,1 ' Praetorian Pre-
fect.
License is granted to no person, indeed, contrary to
good morals, to appropriate the property of the living or to
divide such property. But if children have divided their
mother's property among themselves in accordance with
her direction, it is 'Our pleasure that such a division shall
remain absolutely undisturbed,1 2 provided that this same
intent is proved to have continued until the last day of
her life.
Given on the third day before the ides of JunelS in the year of
the consulship of Constantine and Maximus.-June II, 327.
INTERPRETATION: Although it is illegal for the property
of the living to be divided, however, if a living mother has
commanded and permitted her estate to be divided among
her children and if she has persisted in this same wish
until the end of her life, the division made among the
children shall remain undisturbed.
TITLE 25: THE PARTITION OF COMMON

PROPERTY' (DE COMMUNI DIVIDUNDO)
1.' Emperor Constantine Augustus to Gerulus, Fiscal
Representatives of Three Provinces. 4
In the case of Our patrimonial and emphyteutic estates
in Sardinia which were recently distributed among different proprietors,5 the division of the landholdings ought to
7 Both Caesars at this time.
8 repetitio, right to sue for recovery.

9 auctor; that is, the testator.
10 Brev. 2, 24, 2.
11 Some manuscripts have Constantine, a common error.
12 After the death of the mother.
18 At Constantinople, according to some manuscripts.
1 Brev. 2, 25;
3 Rationalis.
5 domini.
CJ
3, 37.
Brev. 2, 25, I; CJ 3, 38, II.

4 Sicily, Sardinia, and Corsica.
2
E 56 1
The Regulation of Boundaries

have been made in such a way that each entire family of
slaves would have remained in the possession of one landholder. For who could tolerate that children should be
separated from parents, sisters from brothers, and wives
from husbands? I. Therefore, if any person has separated
such slaves and dragged them off to serve under different
ownerships, he shall be forced to reunite them under a
single ownership. If any person should lack the due number of slaves on account of the restoration of family ties,
substitute slaves shall be given in return by the person
who has received the aforesaid slaves. 2. Be vigilant, in
order that no complaint hereafter may persist throughout
the province about the separation of the loved ones of the
families of slaves.
Given on the third day before the kalends of May in the year of
the consulship of Proculus6 and Paulinus.-April29, 334; 325INTERPRETATION: Since it is unjust for children to be
separated from parents or wives from husbands whenever a landholding has come to any person, when there is
a partition of estates of the imperial patrimony or of homes
belonging to the fisc or the privy purse,7 it must be particularly observed that substitute slaves must be given,
so that the slaves who live together, that is, a wife with
her children and husband, must belong to one person, upon
whom the necessity rests of making the exchange. It must
be the responsibility of the officials" to guard with particular care that separations cannot take place at all.
TITLE 26: CASES OF THE REGULATION OF

BOUNDARIES' (DE FINIUM REGUNDORUM)
I.' Emperor Constantine Augustus to the Most Perfect
Tertullianus, Count of the Diocese of Asia.
If any person should be the first to lodge a complaint
that parcels of land of his ownership have been forcibly
entered and seized and if this complaint involves a dispute as to boundaries as well as ownership, the question of
possession shall be settled first; and then a surveyor shall
be ordered to go to the parcels of land, so that such litigation may be ended when the truth is made known.
I. But if one of the parties to the suit, after obtaining
ownership of the disputed land, should by subterfuge
bring delays in order that the controversy concerning the
parcels of land in dispute cannot be decided, a duly chosen
surveyor 4 shall be dispatched to the place, so that if a
trustworthy survey should prove that the land belongs to
the person in possession, the plaintiff shall withdraw defeated. But if the contention of the person who first
brought the case to court should be clearly proved, the
2*26*4
other party, as guilty of forcible entry and seizure, shall

be liable to the penalty of the edict;' provided, however,
that it is established that the latter party entered and
seized the said property with force. 2. For if through error
or the carelessness of the owner, parcels of land are possessed by others, such occupants must yield possession
only to the owners themselves.
6
Given on the eighth day before the kalends of March at Bessum

in the year of the consulship of Gallicanus and Symmachus.-February 22, 330.

If it should be established that the person who brought
an action on boundaries wishes to usurp for himself the
property of another before anything is determined by a
judicial decision, not only shall he forfeit that which he
wrongfully sought, but in order that every man shall be
content with his own and shall not seek for himself the
property belonging to another, the party who was the encroacher on the land shall be defeated in the litigation and
shall forfeit as much land as :he tried to seize.
Read into the public records on the twelfth day before the kalends
8
of July in the year of the consulship of Gallicanus and Symmachus.
-June 20, 330.
INTERPRETATION: If it should be proved that any person is guilty of forcible entry and seizure with reference
to boundaries, because, before anything had been settled in
court, he forcibly entered and seized that property which
another held, he shall forfeit not only that which he has
wrongfully taken, but in order that no person shall seize
the property of another, he shall forfeit as much land as
he had presumed to enter and seize, when he has been defeated as guilty of forcible entry and seizure of another's
right.
3. The same Augustus to all Provincials.
(After other matters.) If there should be a boundary

dispute, the appointment of an arbitrator shall be permitted only when it is established that the land concerning
which suit has been brought before the governoro is less
than five feet in width.' When the case concerns a greater
space of land than five feet in width, it must be settled before the governor"o himself, since it is a case of ownership
and not one of boundaries.
If a partner should sue for anything from another partner, the governoro shall first decide whether anything
should be granted by one partner to the other, and then
finally the amount which it is determined must be paid
shall be delivered through arbitrators.
Given on the kalends of August in the year of the consulship of
Bassus and Ablavius.-August 1, 331.11
6 Optatus (334), G. The year of the consulship of Proculus and

Paulinus is uncertain.
7 privati, private citizens? Or: whenever there is a partition of
a patrimony, either of fiscal estates or of those of private persons.
8 ordinantes, overseers.
1 The action for the regulation of boundaries; 4, 22; Brev. 2, 2,
26; CJ 3, 39; Nov. Val. 8 ; Gromatici; Glossary, s.v. boundary.
The laws of this title present many difficulties that have not been
satisfactorily explained.
2 CJ 3, 39, 3; 8, 4, 5; Grom.
3 dominium, legal control, dominium.
4 controversia definiri locorum, ordine electus agrimensor may be
thus punctuated and translated as in the text above. Or: locorum
ordine, electus agrimensor, the controversy cannot be decided by
position and arrangement of the parcels of land, a selected surveyor shall be directed.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Neoterius, Praetorian Prefect.

Prescriptions" as applied to the five foot strips of land'
shall be abolished and the unrestrained prosecution of disputes concerning boundaries or parcels of land shall be
conducted. I. Therefore, for such cases there shall be only
one kind of prescription,1 3 which can restrain the envy of
4.12
5 edictum, of the law, 4, 22.

6 Verona in CJ.
7 Brev. 2, 26, I; CJ 3, 39, 4; Burg. Rom. 39, 3; Grom.
9
Bassus (317), G.
Grom.
10 praeses, the judge ordinary of the province.
I" Cf. 1, 16, 6, and nn. 29-30.
12 CJ 3, 39, 5; Grom.
13 praescriptiones, limitations, exceptions established by law.
8
[ 57 ]
2-26-4
The Regulation of Boundaries
unscrupulous plaintiffs, namely, that a border strip of land

enclosed by ancient landmarks should disclose a suitable
boundary characterized by professional skill. 2. Indeed, no
prescriptive period of time-' however long, shall have any
place in such lawsuits, in which any person can assert that
he has diligently cultivated the land of another for a long
undisturbed period of time, since We order that every
case of this kind shall be decided in accordance with the
law alone. Wherefore We entrust the entire investigation,
under trustworthy arbitration, to those persons who are
skilled in this profession. 5
Given on the seventh day before the kalends of August in the year
of the consulship of Arcadius Augustus and of Bauto.-July 26,
385.
5-" Emperors Theodosius, Arcadius, and Honorius Au-
gustuses to Rufinus, Praetorian Prefect.

In order that We may suppress all schemes and machinations, We prescribe the order and method for determining boundary disputes, and We order the arbitrators
to judge without observance of time limitations only concerning strips of five feet, the dimension prescribed by
the ancient law."' But if parcels of land come into controversy, the judges shall make formal investigation concerning them, and if either a civil or a criminal action is
available, it shall be granted. Then on cognizance of the
case, it shall be determined which of the parties is obligated to make restoration, and the party convicted shall
not escape the penalty.
Given on the day before the nones of November at Constantinople
consulship of Rufinus.-November 4, 392.
TITLE 27: IF A DEFINITE SUM IS SUED FOR

ON THE EVIDENCE OF A WRITTEN INSTRUMENT (SI CERTUM PETATUR DE CHIROGRAPHIS)
1.2 Emperors Honorius, Theodosius, and Constantius'
Augustuses to Palladius, Praetorian Prefect.
With reference to the written instruments of deceased
persons, it is Our will that this regulation shall be preserved in perpetual observation, namely, that if a person
has failed either to produce such written acknowledgments
of debt 4 in a competent court or to sue the heirs of the
debtor within an uninterrupted five year period in the case
of parties that are absent, but within two years in the
case of parties that are present, he shall be deprived of
the right of action. i. If, however, he has proceeded within
the legally prescribed period of time without the interposition of any requirement of sequestration, he shall first
be ordered to prove the handwriting of the deceased, for
the principle that the party producing a written document
must establish its genuineness is constantly harped upon
throughout the law. However, the document shall properly be confirmed not only by a comparison of handwriting (for what else does a forger do but imitate the semblance of truth?), but by many other proofs, in order that
14 temporis praescriptio, time limit, exception prescribed by law.
16 CJ 3, 39, 6.
15 Of surveying.
17 The Twelve Tables.
1 Brev.
2, 27;
CJ
4, 2.
Brev.
3 Some manuscripts omit Constantius.

4 cautiones.
2, 27,
1.
the claimant may establish that he was silent5 because he

had felt the greatest security. For if perhaps the affection
of friendship has hindered a public appeal to the court, at
least a witness has heard the private demand, a freedman
or slave has known of it, or even the plaintiff could have
asked payment of the debt when the debtor was failing
and almost at the point of death. 2. But if perhaps the
plaintiff should allege that he was absent, a demand made
from a distance can be established by more important
proofs, 6 or a letter may have been written containing a
promise of payment. 2a. Lest the person who forged the
written acknowledgment of debt 4 should counterfeit this
letter, too, he shall bring into court the letter carriers who
shall confirm the written documents of both parties. However, in order to ascertain the truth, these men shall be
examined under oath, if they are of high rank, or else,7
they shall be subject to the terror of torture, although for
the purpose of proving the validity of a hereditary debt,
it shall be necessary for the causes of the loan to be established and for the carriers of the money to and fro to be
produced. 2b. If after long continued silence,5 these and
similar proofs should be wanting, it is evident that because of their fraudulent tricks, confirmed schemers must
not only be deprived of the right of recovery but they
must also be restrained by the severity of the law.
3. But if any person should produce the written acknowledgment of debt 4 of a living man made before the
promulgation of this law and if the defendant should deny
that the aforesaid document is his, he shall sequester the
money claimed, since he is going to litigate on a question
of forgery. For We must avoid furnishing fuel for denial to men who are actually obligated. But such regulations shall be observed only if it should be proved that
less than twenty years have elapsed in case that both
parties are present and living, or that less than thirty
years have elapsed in case that such parties are absent.
3a. Otherwise," if the reliance upon the written instrument
has continued beyond the statutory time limit through
failure to bring court action, the debt shall first be proved,
then claimed, and the necessity of sequestration shall be
removed. 4. But if indeed the person obligated should confess that it is his handwriting, but should allege that
nothing has been paid to him for this obligation, then the
age of the written instrument must be investigated, so that,
if it should appear that the debtor has remained silent
during the time granted by law for attestation of the suit,9
he shall lose the protection of such trickery.1 0
5. For the future We sanction that all written acknowledgments of debt henceforth shall receive, within a twelve
year period, the force of a legal attestation,9 which the
debtor promises by making a renewal." 6. But if in the
meantime the debtor should go abroad so that a longer ab5 That is, no legal action was attempted.
6 The text seems to be corrupt.
7 If they are of low status.
8 Or, supplying non: if the genuineness of the written instrument

has not continued . . .
9 contestatio, litiscontestation.
10 cavillatio, an idle and groundless excuse.
11 novatio, a novation. The translation of this passage is conjectural. The meaning appears to be that each renewal of a promissory
note (cautio) was considered as producing the same effect as if suit
had been brought in court for collection of the money due. Thus
the period was extended within which the creditor could sue for
the money.
[ 5'8
Suits with Reference to Patronage

sence might prevent a renewal," it is Our will that before
the expiration of the legally established period of twelve
years, the creditor shall approach the courts and obtain
an edict; then he shall affix such authorization on the
doorposts of the debtor, and also give formal notice to
the members of the debtor's household; for no person will
be able to falsify on account of such great proofs of legal
attestation.' 7. We order that such action shall be taken
before the expiration of the twelve year period, for this
reason, namely, that the person thus summoned shall observe that he can be convicted through the interval of a
very long period of time, if he does not acknowledge the
validity of the plaintiff's claims; and thereafter the added
period of timela shall not be a hindrance to the creditor,
if after these words of attestation9 either a payment is

delayed by the long absence of the debtor or a legal renewal" is evaded.
Although it is not permitted for any person to be ignorant of the promulgated laws,18 We order this edict to
hang posted throughout this entire year.
Given on the fifth day before the kalends of August at Ravenna
in the year of the consulship of Eustathius and Agricola.-July
28,
421.
INTERPRETATION: With
of debt 4 of deceased
reference to the acknowledgpersons, We command the rule

ments
to be observed that if an absent debtor should die and the
creditor has learned that he is dead, the creditor must not
delay the formal production before a judge of the written
acknowledgment of debt' within a five year period. But if
the debtor should die while the creditor is present, the
creditor must formally present in court the written acknowledgment of debt 4 of the deceased within the two
year period; provided, however, that the handwriting of
the deceased shall be compared and that his signature can
be recognized, or that the plaintiff shall be able to prove
that in the presence of witnesses he had formally requested payment while the debtor was alive; and the plaintiff shall explain the causes of the said debt for which the
debtor contracted the loan. But if perhaps the creditor is
detected to have lied about the person of the deceased, not
only shall he not recover the money, but he shall also incur
the severity of the law.
We decree that henceforth this rule must be observed
between living persons, namely, that an action must be attested on all written acknowledgments of debt within
twelve years, so that they may be renewed by the debtors.
But if perhaps it should happen that before the expiration
of twelve years the debtor should go abroad, the creditor
shall obtain an edict of the judge, which he shall not fail
to affix on the doorposts of the debtor for an attestation9
of the debt, and he must formally notify the men14 of the
debtor. When the claim for the debt has been thus attested, the debtor who went abroad shall not be able to
have a prescription of long time 5 as his defense; nor can
he absolve himself for this reason, namely, that he has not
renewed the written acknowledgment of debt. Of course,
if the debtor should say that it is his written acknowledgment of debt but should assert that he has received nothing
on account of it, then the date of the acknowledgment
adscriptatempora, due to the attestation of suit which made the
claim permanent.
12
13 I,
14
I, 2.
Such as overseers, procurators, coloni, and retainers.
15 excusatio longi temporis.
2-29-1
must be examined, so that if it is perceived to have been

written within five years and if it should be proved that
the amount named in the acknowledgment had been received by the debtor, he shall fulfill his obligation. But if
it should be proved within five years that the amount written in the acknowledgment of debt was not delivered, he
whose acknowledgment it is shall not be held obligated. If
the debtor should claim that the money was obligated but
not paid, he shall by no means be heard after the expiration of five years.
TITLE 28: PROHIBITION OF THE SEQUESTRATION OF MONEY' (DE PECUNIAE SEQUESTRATIONE PROHIBITA)
I.' Emperors Honorius and Theodosius Augustuses to
(After other matters.) Whenever money is sued for on
any contract whatsoever, the necessity of sequestration
shall be in abeyance. For first it is necessary for the debtor
to be convicted and so become subject to the payment.
Not only the logic of law but also equity itself justifies
this requirement, that the person who is about to sue for
money shall bring with him proofs and shall convict the
debtor. (Etc.)
year of the thirteenth consulship of Honorius Augustus and the
tenth consulship of Theodosius Augustus.-July II, 422.3
INTERPRETATION: Whenever any person sues f or money,
the defendant shall not be compelled to sequester the
money before the plaintiff has convicted the debtor- with
definite proofs. Thus after he has presented proofs, the
plaintiff shall recover the sum which he establishes that
he has delivered.
TITLE 29: IF A DEFINITE THING IS SUED

FOR WITH REFERENCE TO PATRONAGE'
(SI CERTUM PETATUR DE SUFFRAGIIS)
Emperor Julian Augustus to the People.
Some men have come to occupy by disgraceful trickery
offices which are bestowed upon good men for their merit.
When they have gained any position whatsoever in the
State, they suppose that if they had paid out any money
dishonorably, they should sue to recover it more dishonorably and shamelessly; and others even suppose that the
property which they then gave, or rather threw away, for
unworthy causes should be recovered by forcible entry and
seizure. I. But because Roman law completely refuses to
recognize such contracts, We deny to these men all right
to recover that which they squandered prodigally and
wickedly. If any man, therefore, should strive to recover
or should be convicted of having recovered such payment,
that which he paid shall remain in the possession of such
patron, the amount which he extorted shall be restored,
and he shall also be forced to pay an equal amount to the
account of the fisc.
1.2
Given on the kalends of February at Constantinople in the year

of the consulship of Mamertinus and Nevitta.-February 1, 362.
1 Brev. 2,
3
2,
13, I,
28;
CJ 4, 4.
Brev. 2, 28, I; CJ 4, 4,
4 debitor, the defendant.
n. 5.
1.
1 Brev. 2, 29; CJ 4, 3. Official corruption, bribery, and the purchase of privileges were rampant.
22,
13, I; Brev. 2, 29, I;
CJ
4, 4, I; Amm. Marc. 22, 6, 5.
C 59 1
Suits with Reference to Patronage
2-29-1
INTERPRETATION: Some men are proved to have paid

voluntarily for patronage, and afterwards when they have
entered the imperial service, they have presumed unreasonably, dishonorably and illegally, to demand back or to
take by force that which they have paid. Therefore We
command that if any person should be found to have paid
anything as consideration for favors which he seeks for
himself, he shall not have the right to recover it. But if indeed such a person should attempt to recover it, the party
who received the payment shall keep it; or certainly, if
the payment received has been forcibly taken away from
him, it shall be restored, and the party who took it away
shall be compelled to pay to the fisc another equal sum.
2.* Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
If persons who wish to have their desires4 set forth'
should request that patronage be exercised for them by
anyone and if they should bind themselves by formal contract6 to repay the favor, they must fulfill their promises
when they have gained what they desire. If they should
contrive delays by trickery, they shall be forced to pay the
debt. I. If anything should be paid on that account in
gold or silver or any other movables, delivery alone shall
suffice, and the contract shall have perpetual validity,
since in the case of movable property, a bestowal that is
undertaken in good faith is completed in this manner. 2. If
the agreement should involve either rustic or urban estates,
a writing shall be issued which shall transfer the estates
to another, corporeal delivery7 shall follow, and the public
records shall testify that the transaction has been completed; for otherwise such property cannot pass to a new
owner or quit the old ownership. 3. But if any person,
depending solely on a memorandum" concerning the patronage, should suppose that the property should be
seized, he shall be held liable for lawlessness and violence,
and the landholding shall be restored to its former status;
all right of action shall be denied to the party who did not
hesitate to enter and seize with violence that property for
which he should have brought suit.
Given on the fourth day before the nones of March at Constantinople in the year of the third consulship of Arcadius Augustus and
the second consulship of Honorius Augustus.-March 4, 394.
INTERPRETATION: If any person, while he desires to
further his own claims, should promise that he will give
something of value, he shall be constrained to fulfill this
promise without any delay, when he has obtained what he
wished. If he should offer anything in gold or silver or
in any other movable, the contract shall remain valid
without writing, because the offer of movables, given in
return for patronage, does not require writing at all but
is made valid by delivery only. But if an agreement should
be made to give either urban or rustic estates, a written
document and delivery shall follow, and records shall be
made and filed showing the completion of all formalities
and the delivery of the property, for otherwise the landholding 9 cannot pass to another's ownership. Of course,
if any person without such written documents should sup-
CJ 4, 3, .
4 desideria, petitions.
5 Before the Emperor or some high official.
7 traditio corporalis.
6 sponsio.
s commonitorium.
3
Brev.
2, 29, 2;
pose that the landholding' of another should be seized, he

shall be held liable for violence, he shall restore in its
entirety that which he forcibly entered and seized, and he
shall forfeit every right to any suit for recovery.
TITLE 30: PLEDGES' (DE PIGNORIBUS)
I.2 Emperor Constantine Augustus to All Provincials.
Enforcement officers 3 appointed by governors 4 of the
provinces for the collection of those debts5 which are
demanded in civil proceedings 6 are dragging away from
landholdings slave plowmen and plow oxen as pledges and,
as a result, the payment of tribute is being delayed. I.
Therefore, if any enforcement officer or creditor or prefect
of the peace or decurion 7 should be detected in this practice, he shall be subjected to a capital sentence by the
governor 4 of the province.
Given on the fourth day before the nones of lune at Sirmium in
the year of the fourth consulship of Constantine Augustus and of
Licinius.-June 2, 35.
INTERPRETATION: Many persons presume to carry off
from landholdings as pledges for a fiscal debt, slave cultivators and plow oxen from whose labor the tribute is
paid. Therefore if any creditor or curator of the peace" or
decurion or any tax collector whatsoever should presume
to commit this offense, he shall be punished by the judge9
of the province.

(After other matters.) No person shall create an obligation on landed estates except a person who can legally
obligate them. That no legal disadvantage" can be imposed upon a landholding by a slave, procurator, colonus,
overseer, or chief tenant1 2 without the knowledge or consent
of the owner is a rule continually harped upon by the
authorities of the law and the statutes. (Etc.)
Given on the ides of July at Ravenna in the year of the thirteenth
consulship of Honorius Augustus and the tenth consulship of Theodosius Augustus.-July II (15), 422.'13
INTERPRETATION: No person shall obligate landholdings
except the person who is recognized as being the proper

owner,"' for no legal disadvantage" can be produced
against an owner if any property is obligated by a slave,
procurator, colonus, overseer or chief tenant."
9 possessio, possession, landholding.
I Brev. 2, 30; CJ 4, 24; 8, 13.

2 BreV. 2, 30, I;
J 8, 16, 7. This constitution deals with the
collection of public obligations only, G.
3 intercessores.
4 rectores, the judges ordinary, who were also responsible for
many duties in connection with the collection of taxes. I, 16, 5;
II, 7, 12; II, 7, 16.
debita, the regular word for delinquent tax payments.

the State? by a municipality?
7 Or: or a creditor, either a prefect of the peace or a decurion.
Decurions assisted in the collection of taxes; n. 4 and references.
See also NMaj 2, I, I, n. 8 for the conversion of delinquent tax
6
6<civiliter, by
accounts into private obligations.

8 cura pacis.
9 The governor, the judge ordinary.
10 Brev. 2, 30, 2; CJ 8, 15, 8; II, 48,
11 praejudicium.
12
conductor, leaseholder.
18 2, 13, I, n. 5.
14 proprius dominus.
[ 6o ]
7; Edict Theod. 121.
Interest
2*33*2
TITLE 31: "WHATEVER BY ORDER

("QUOD JUSSU . . .")
action 4 for payment from his peculium shall be available.

(Etc.)

(After other matters.) It is manifest that owners' are
liable in the praetorian action 4 which is called "Whatever
II,
by Order . . .," if they direct that a certain sum of money
shall be paid to a slave or overseer. I. Therefore We

sanction in perpetuity by this edictal law 5 that a person
who lends moneyb to a slave, colonus, chief tenant,' procurator, or overseer of a landholding shall know that
neither the owner of the landholding nor the cultivators
of the land can be held obligated. 2. The meaning of
friendly letters, by which men in the service of absent
persons are often recommended, shall not be extended to
such a point that any person should falsely claim that for
the benefit of a landed estate he has spent money also for
which he received no request, since the aforesaid owner
cannot be held obligated unless he expressly requested the
aforesaid person to lend the money. It is Our will that
creditors shall be penalized the amount credited, if they
lend money to such persons without the order of the
owner or without expressly taking sureties.
year of the thirteenth consulship of Honorius Augustus and the
tenth consulship of Theodosius Augustus.-July 1z, 422.8
INTERPRETATION: No person shall obligate an owner for
the payment of a debt, as has been the custom hitherto, unless the lender should prove that he furnished money to
a slave or overseer at the owner's request. Therefore, if
any person without the request of the owner should lend
money to a slave, colonus, chief tenant,' procurator, or
overseer, he shall know that the owner of the land by no
means can be held obligated on account of this debt. If
any person without the request of the owner should lend
money to such persons or should not take sureties, he shall
know that he shall lose that which he lent and that he cannot recover the debt from the owner.
TITLE 32: PECULIUM' (DE PECULIO)

(After other matters.) This remedy also We do not
deny to creditors, namely, that if an overseer, slave, or
procurator of landed estates should be found to be unobligated in the accounts3 which he manages, an adapted
1 Brev. 2, 31; CJ 4, 26. A regulation had been issued by the

Roman praetors in the time of the Republic, the first words of
which were "Quod jussu." From its opening words this regulation came to be known as "Quod jussu, Whatever by order."
2
Brev.
2. 31, I;
CJ
4, 26, 13.
3 domini.
4 The law as embodied in the regulations established by the
praetors during the time of the Roman Republic. When the present
law was issued, most of the judicial powers of the praetors had
long since disappeared.
5 Edicts of the Emperors constituted one of the chief sources of
legislation at this time, I, I, I; I, I, 5-6.
6 Without an authorization from the owner.
7 2,
82,
30, 2, n. 12.
13, 1, n. 5.
1 Brev. 2, 32; CJ 4, 26.

2 Brev. 2, 32, I; CJ 4, 26, Q3; Edict Theod.
3 Of his master.
121.
and the tenth consulship of Our Lord Theodosius Augustus.-July
422.5
It is Our will, of course, that this

remedy shall be afforded to creditors, namely, that if an
overseer, slave, or procurator of a landholding should receive money from a creditor and should owe nothing from
his accounts to his master, he shall repay the creditors out
of his peculium the money which he received.
INTERPRETATION:
TITLE 33: INTEREST' (DE USURIS)

1.2 Emperor Constantine Augustus to Dracilianus, Acting
Praetorian Prefect.
If a person should lend farm products, either liquid' or
dry,4 to those who need them, he shall receive a third5
additional part as interest; that is, if the sum credited
should be two measures, he shall gain a third additional
measure. I. But if, on account of the advantage of the
interest, a creditor should refuse to accept payment of the
debt when he is formally notified,6 he shall be deprived not
only of the interest but also of the principal of the debt.
2. This law shall pertain to farm produce only, for a
creditor is forbidden to receive more than one percent 7
for money lent on interest.
Posted at Caesarea on the fifteenth day before the kalends of
May in the year of the consulship of Paulinus and Julianus.-April
17, 325; 326.
INTERPRETATION: If any person should lend to another

liquid' produce, that is, wine and oil, or any kind of farm
produce whatsoever, he shall receive no more than a third5
part from the debtor as interest; that is, the person who
received the loan shall return a third measure in addition
to the two measures borrowed. But if the lender should
be formally notified 6 and, for the sake of a greater amount
of interest, should be unwilling to accept from the debtor
the payment of the debt, along with the additional third
measure, he shall lose even the debt. We command this
law to pertain only to farm produce; for when money has
been lent, We order that not more than one percent 7 shall
be exacted by creditors.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.

If any person, taking advantage of the necessity of a
debtor, should extort anything beyond the one percent7
allowed by law, he shall immediately, without delay, restore what was rapaciously taken, and he shall be obligated
to pay fourfold the amount as a penalty. But those persons
2.8
4 utilis actio, an action extended and modified so that it may

apply to this contingency.
5 2, 13, 1, n. 5.
Brev. 2, 33; CJ 4, 32.

Brev. 2, 33, I; Lex Visigoth. 5, 5, 9.
3 humidae, moist; seems to refer to liquids only, such as wine and
oil, but may possibly refer to fresh fruits, vegetables, and meats
as well.
4 arentes, grain and possibly cured meats.
5 According to our system of numeration this
would be one half,
or interest at the rate of fifty percent.
6 conventus, notified, summoned.
7 Per month; that is, twelve percent a year.
8 Brev. 2, 33, 2; CJ II, 58, 12; Edict Theod. 134; Lex Visigoth.
(Euric) 285.
1
2
E 61 ]
2-33*2
Interest
who are detected as guilty of having acted with equal madness by making excessive demands in any transaction before the issuance of this law shall restore twofold the extorted sum.
payment of a debt with full interest. Therefore that

amount must be repaid which was promised through a
stipulation recorded in a written acknowledgment of debt."
Given on the eighth day before the kalends of November at Constantinople in the year of the consulship of Emperor Designate
Honorius and the Most Noble Evodius.-October 25, 386.9
4.15 Emperors Arcadius, Honorius, and Theodosius Au-
INTERPRETATION :10 If any person, taking advantage of

his debtor's necessity, should presume to receive or extort
from him more than is comprised in the legal one percent,7
that is, three siliquas" a year per solidus, after the issuance of this law, he shall be constrained to pay a penalty
of fourfold, and he shall restore without delay that which
he has received in excess. But it is Our will that those sums
which were paid on such an account before the issuance
of this law shall be repaid twofold.

Eutychianus, Praetorian Prefect.
Debtors contend in vain that they do not have to pay interest to their creditors who are minors, because, as they
testify, such creditors are possessed of the Senatorial rank.
Therefore debtors shall repay the principal with the interest as set forth13 in their stipulations.
3.2
Given on the eighth day before the kalends of December at Constantinople in the year of the consulship of Caesarius and Atticus.
-November 24 (23), 397.
INTERPRETATION: Debtors
dishonestly attempt, without

due cause, to avoid paying debts with interest to minors
who are of Senatorial rank, on the ground that persons
born of the Senatorial class are ordered not to receive
9 5, 14, 30, n. 2.
10 Lex Visigoth. 285.
11 A siliqua was one twenty-fourth of a solidus. Thus this
interest rate is twelve and one half percent.
12 Brev. 2, 33,
3.
a deductae, derived from, computed.
gustuses to Optatus, Prefect of the City.

We decree that Senators shall be allowed to lend money
under a contract providing for interest at the rate of one
half of one percent.16 Therefore all men shall understand
that not more than one half of one percent can be legally
stipulated or demanded by any member of the Most
August Assembly17 who is engaged in the business of
lending money at interest. Furthermore, if anything should
be demanded beyond the moderate limit set by Our Divinity, by the authority of this law the payment shall be
applied to the diminution of the principal.
Given on the day before the ides of June at Nicaea in the year
of the second consulship of Stilicho and the consulship of Anthemius.18-June 12, 405.
INTERPRETATION:
If Senators should wish to lend

money at interest,' they shall receive not more than one
half of the legal rate20 as interest from their debtors, nor
shall those persons who receive the money lent be forced
by chance to guarantee or bind themselves by any written
acknowledgment of debt" to a greater payment. For if
Senators should require more of their debtors, they shall
know that they will lose that which they lent.21
14
cautio.
15 Brev.
2,
33, 4.
Per month, that is, six percent a year.

1s Some manuscripts insert the title "Most Noble" for Stilicho
and Anthemius.
19ad centesiman, at one percent?
20 legitimae centesimae, the legal (rate of) one percent?
21 Kr. adds Title 34, Mandates (Mandata).
16
62 j
BOOK III
........
..
S.............................................................S..........
TITLE 1: CONTRACTS OF PURCHASE' (DE

CONTRAHENDA EMPTIONE)
1.2 Emperor Constantine Augustus to Profuturus, Prefect
of the Annona.
It is not at all fitting that the good faith of sale and
purchase should be broken, when no duress was exerted
through fraud. For a contract that has been executed without any flaw must not be disturbed by a litigious controversy because of the sole complaint that the price was too
cheap.
Posted on the ides of August in the year of the fifth consulship

of Constantine Augustus and the consulship of Licinius Caesar.August 13, 319.
INTERPRETATION: When a thing has been purchased for

a definite price that is agreed upon between the buyer and
seller, although it is worth more than it is sold for at the
present, this only must be investigated, whether the person who is proved to have purchased it has committed no
fraud or violence. If the seller should wish to revoke the
sale, by no means shall he be permitted to do so.
2.4 The same Augustus to Gregorius.
The purchaser shall assume the tax assessment 5 of property that is purchased, and no person shall be permitted
either to buy or sell property without its tax assessment.
I. Moreover, in accordance with this law, there must
henceforth be a public or fiscal inspection, so that if any
property should be sold without its tax assessment and
this fact should be reported by another, the seller, indeed,
shall lose the landholding, and the purchaser for his part
shall lose the price that he has paid, since the fisc shall
vindicate both.
Ia. It is also Our pleasure that no person shall engage
in the sale of anything whatsoever unless at the time when
the contract between the seller and the buyer is formally
executed, a certain and true ownership is proved by the
neighbors. To such an extent shall the precaution prescribed by this law be observed that even if "benches," or
strips of land, as they are commonly called, are sold, the
proof of showing ownership shall be fulfilled.
2. Nor shall the formalities between the buyer and the
seller be solemnized in hidden corners, but fraudulent
sales shall be completely buried and shall perish.
Given on the day before the nones of February at Constantinople
in the year of the consulship of Felicianus and Titianus.-February
4, 337.
INTERPRETATION: If any person should purchase a villa,6
1 Brev. 3, I; CJ 4, 38. Kr. inserts I A. Quae res venire non possunt et qui vendere vel emere vetantur; I B. Quae res exportari non
debeant; I C. De commerciis et mercatoribus; I D. De eunuchis;
I E. De veteris numismatis potestate.
2 Brev. 3, 1, I.
$14, 3, 1.
* Brev. 3, I, 2; Vat. Fr. 35, 3-6; CJ 4, 47, 2. Gregorius was
Praetorian Prefect, ii,
I, 3; 4, 6, 3.
5 That is, payments of the taxes assessed on the property. Apparently this constitution deals with purchases of land, res, possessio,
subsellia, scamma, n. 8.
6 villa, a farmhouse, together with the surrounding land and
buildings.
he shall know that he has purchased the obligation of the

tribute of the thing itself as well as the right to the landholding, because no person is permitted either to buy or
sell a farm without the tribute or fiscal payment. But if
any person should dare to sell or presume to purchase anything when the fiscal payment had been concealed,7 those
between whom such a contract has been made by a secret
transaction shall know that both the purchaser shall lose
the price and the seller shall lose the landholding, because
it is ordered that the neighbors of the property which is
sold must be witnesses and present, to the extent that even
in the case of things of slight value, if anything is sold
for use, it is Our pleasure that it shall be shown to the
neighbors and thus purchased, in order that the property
of others may not be sold.'
3.9 Emperor Julian Augustus to Julianus, Count of the
Orient.
We order that the constitutiono of My paternal uncle,
Constantine, shall be repealed, in which he commanded
that minor women who were united with husbands in marriage should be able to negotiate sales without the interposition of a decree, if their husbands should suppose that
they ought to give their consent as well as provide their
subscription to the documents. For it is absurd that husbands who are at times needy men should be obligated for
their wives, because when the right itself of the sale is not
valid, these women are able to recover their own property
from those persons who have participated in the illicit
contracts. I. Therefore We revive the old law, that on no
account shall any sale whatsoever be valid when it has
been contracted by a minor, whether a man or woman,
without the interposition of a decree.
Given on the eighth day before the ides of December at Antioch
in the year of the consulship of the Most Noble Mamertinus and
Nevitta.-December 6, 362.
It had been ordained by a law of the

Emperor Constantine that minor women who had husbands could sell anything from their own resources with
the consent of their husbands. But this ordinance is abrogated by the present law, and the following rule must be
observed, namely, that if under the compulsion of necessity
men or women who are minors should wish to sell anything, whoever should wish to buy it shall be protected by
the authorization of the judge or by the consent of the
municipal council; for otherwise a sale made by minors
will not be valid.
INTERPRETATION:
7 suppressa, suppressed; that is, if it had been concealed by the

seller from the prospective buyer, or if it had been concealed by
the buyer from the fiscal collectors.
8The Interpretation enlarges upon and varies from the original
constitution. Apparently the Interpreter misunderstood two technical words scamna, "benches," balks, ridges, and subsellia, strips
of land, and understands these words in their more common sense
of benches and seats as articles of household furniture. See M.'s
note on Vat. Fr. 35, 4; Heumann-Seckel, Handlexikon; and Du

Cange, Glossarium, s.vv.
9 Brev. 3, 1, 3.
1o Not extant. Cf.
2,
5, 2, n. 4.
E 63 1
Contracts of Purchase
3*1*4
gustuses to Hypatius, Praetorian Prefect.

If a person in his majority and approved as capable of
administering his own patrimony should sell a landed
estate, even though it is situated at a distance and even
though, perchance, in some cases the entire estate has not
been sold, he shall not thereafter obtain the right of recovery on the ground that the price was too cheap.
I. He shall not be allowed to contrive delays by means
of unfounded objections, namely, that he should allege
that the value of the property was unknown to him, since
he ought to know the value, that is, the worth and income
of his own family property.
Given on the sixth day before the nones of May at Milan in the
INTERPRETATION: If any person, already of full legal
age and able to manage his own household, should sell his
villa,6 house, or anything else at a definite price and if,
perchance, later he should wish to claim in opposition that
he received a smaller price than the property was worth,
because he says, perhaps, that he was ignorant of the value
of the land which he sold, since it was located at a distance,
the sale cannot be revoked for that reason. For a person
of full age could have known what sort of thing he sold
or at what price the thing to be sold could be valued.
The same Augustuses to Cynegius, Praetorian Prefect.
No Jew whatever shall purchase a Christian slave or
contaminate an ex-Christian with Jewish religious rites.
But if a public investigation should disclose that this has
been done, the slave shall be forcibly taken away, and
such masters shall undergo a punishment suitable and appropriate for the crime. It is further added that if there
should be found among the Jews any slaves who are
either still Christians or ex-Christian Jews, they shall be
redeemed from this unworthy servitude by the Christians
upon payment of a suitable price.
5.-12
Received on the tenth day before the kalends of October at

Rhegium in the year of the consulship of Richomer and Clearchus.
-September
22, 384.
INTERPRETATION: It must be observed above all things
else that no Jew shall be permitted to have a Christian

slave; indeed, if a Jew should have a Christian slave, he
shall under no circumstances dare to presume to transfer
him to his own religious faith.' 3 If he should do this, he
shall know that his slaves will be forcibly taken from him,
and he shall undergo a punishment suited to so great a
crime. For before this law was issued, it had been decreed
that if a Christian slave had been contaminated by Jewish
pollution, his master should know that the price which he
had paid for the slave would be refunded to him by the
Christians in order that the slave might remain in the
Christian faith."
6.14 The same Augustuses to Flavianus, Praetorian Prefect
of Illyricum and Italy.
Formerly the right had been granted" to near kinsmen
and to co-owners to exclude extraneous persons from a
11 Brev. 3, 1, 4; CJ 4, 44, 15.
12 J6, 9; Sirm. 4; NTh 3, I; Brev. 3, I, 5.
13 lex, the laws and tenets of his religion.
CJ 4, 38, 14. For the date, see I, I, 2, n. 8.

15 G. surmises that this law was issued by Constantine under
14 Brev. 3, I, 6;
Christian influence, since it seems to have been based on Hebrew

laws, Lev. 25, Ruth 4, Jer. 32, as contrasted with Roman law,
C 64
purchase,"' and men could not, in accordance with their

own decision, sell any property which they had for sale.
But because this appears to be a grave injustice, which is
veiled by the empty pretext of honor, that men should be
compelled to do anything about their own property against
their will, this former law', is hereby annulled, and each
person shall be able to seek and approve a purchaser according to his own decision.
Given on the sixth day before the kalends of June at Vincentia
in the year of the consulship of Titianus and Symmachus.-May
27, 391.
INTERPRETATION: A former ordinance of the law had

provided that if one co-owner, because of some necessity,
should wish to sell a thing, an extraneous person should
not have the opportunity to buy it. But this imperial indulgence is approved as better, namely, that any person
shall have the right to use his unconstrained decision concerning his own property. He may pass over his co-owners
and near kinsmen and have the unrestricted privilege of
selling to whomever he wishes.
7.17 The same Augustuses to Remigius, Augustal Prefect.

If persons of full legal capacity18 should once enter into
a contract of purchase and sale, it cannot be invalidated on
the ground that too small a price has been paid.
Given on the third days9 before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-March 30, 396.
INTERPRETATION: When an agreement has been made
between any two persons concerning the price of anything,

although the thing has been bought for a less price than
it was worth, the sale shall by no means be revoked.
(After other matters.) If any persons by flight 2 1 should
desert the compulsory public services, either municipal or
provincial, that have been enjoined upon them and should
suppose that they may enter into clandestine contracts, they
shall understand that these artifices will profit them nothing, and the purchaser shall be fined the price that he has
paid. (Etc.)
Given on the twelfth day before the kalends of September in the
year of the consulship of the Most Noble Theodorus.-August 21,
399.
INTERPRETATION: If any persons should attempt to
escape the compulsory public services which are due to

the municipal council or their own municipality22 and
should wish to sell their property secretly, they shall know
that what they have done cannot be valid and that they
themselves will be recalled to the services due. Those persons also who bought the property shall lose the price.
the People.
We command that sales, gifts, and compromises which
D 50, 17, 26; 10, 2, 43; 10, 3, 3; 10, 3, 21; 17, 2, paSSim; 19,
24, 3, 5; CJ 4, 52, 3; Pliny, Epist. 7, II.
5,
13;
16 Of property held in common.

17 Brev. 3, 1, 7.
18 personae legitimae.
19 The thirteenth, I, 2, 10.

20 12, i, 161; Brev. 3, I, 8; CJ 4, 44,
17.
21 fuga, flight, evasion, subterfuge.

22 Patria, originally an ancestral municipality, but later the municipality of one's residence.
23 Brev. 3, 1, 9; CJ 2, 19, 12.
Betrothal and Antenuptial Gifts

have been extorted through the exercise of power
be invalidated.
24
shall
Given on the thirteenth day before the kalends of March at Constantinople in the year of the tenth consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-February 17,
415.
INTERPRETATION: All men shall know that whatever
they have given or sold under the compulsion of very

powerful persons can be recovered.
3-5-1
All those persons whom the piteous fortune of their

parents has consigned to slavery while their parents thereby were seeking sustenance shall be restored to their original status of free birth. Certainly no person shall demand
repayment of the purchase price, if he has been compensated 3 by the slavery of a freeborn person for a space of
time that is not too short.4
10.25 Honorius and Theodosius Augustuses to Palladius,
Given on the fifth day before the ides of March at Milan in the
year of the consulship of Tatianus and Symmachus.-March II,
391.
Praetorian Prefect.
There is said to exist a superfluous belief of some persons that the right to purchase has been denied to persons
placed in administrative offices and in the imperial service,
although a law of the sainted Honorius, issued to Palladius,
Praetorian Prefect, and included in the Theodosian corpus,
is read as having given this right to such persons.
TITLE 4: AEDILICIAN ACTIONS' (DE AEDIL-
TITLE 2: THE ANNULMENT OF PROVISIONS

FOR FORFEITURE (DE COMMISSORIA RESCINDENDA)
1.' Emperor Constantine Augustus to the People.
Since among other captious practices, the harshness of
the provision for forfeiture is especially increasing, it is
Our pleasure that such provision shall be invalidated and
that hereafter all memory of it shall be abolished. If any
person, therefore, is suffering under such a contract, he
shall be relieved by this sanction which cancels all such
past and present agreements and prohibits them for the
future. For We order that creditors shall surrender the
property' and recover that which they have given.'
Given on the day before the kalends of February at Sofia (Serdica) in the year of the seventh consulship of Constantine Augustus
and the consulship of Constantius Caesar.-January31, 326; 320.
INTERPRETATION: Those written acknowledgments of
debt" are called agreements for forfeiture in which a

debtor through necessity promises in a written acknowledgment of debt to sell to his own creditor a thing which
he had pledged for a time to the creditor. This law cancels any such agreement for forfeiture which has been
made and absolutely prohibits one to be made. Thus if any
creditor should appear to have bought property of his
debtor under such a pretext,7 he shall not delude himself
with written documents, but as soon as the debtor wishes,
who sold when oppressed by debt, the creditor shall recover
his money, and the debtor shall receive back his property.
TITLE 3: FATHERS WHO HAVE SOLD THEIR
CHILDREN' (DE PATRIBUS QUI FILIOS DISTRAXERUNT)
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
24 The merciless exploitation of the poor and weak by the rich
and powerful was extremely common. It was often forbidden by
the Emperors, but the various laws against it were apparently
ineffectual. See 2, 13-14 and notes.
25 This is not a constitution but only a quotation from Nov. Val.
32, issued in 451, which indicates the former existence of such a
constitution. G. assigns this lost constitution to a place after 8, 15, 8,
but Haenel and M. place it here. The other laws issued to Palladius
are dated 415-421.
1 Brev. 3, 2; J 8, 34.
2 I, 7, 3; 8, 16, I; Brev. 3, 2, I; CJ 6, 23, 15; 6, 9, 9; 6, 37, 21;
8, 34, 3.
INTERPRETATION: If a father, forced by need, should

sell any freeborn child whatsoever, the child cannot remain in perpetual slavery, but if he has made compensation by his slavery,' he shall be restored to his freeborn
status without even the repayment of the purchase price.
ICIIS ACTIONIBUS)
I.2 Emperors Valentinian, Theodosius, and Arcadius Au-
gustuses to Nebridius, Prefect of the City.

Onoe a contract of good faith has been completed and
a slave has been received and the price paid, the right to
recover the purchase price shall be granted to the pur-
chaser of the slave only if he can produce3 the slave who

he claims is a fugitive.4 This rule, indeed, is prescribed by
law not only in the case of barbarian slaves, but also in
the case of provincial slaves.
Given on the third, day before the kalends of July at Constantinople in the year of the consulship of Emperor Designate Honorious and the Most Noble Evodius.-June 29, 386.
INTERPRETATION: When the price of a slave has been
agreed upon between the buyer and seller and a deed of
sale has been written, such sale can by no means be revoked, unless by chance the buyer should prove that the
slave is a fugitive, 4 and then he shall have permission to
recover the price if he should restore the slave to the
seller.
TITLE 5: BETROTHAL AND ANTENUPTIAL

GIFTS' (DE SPONSALIBUS ET ANTE NUP-
TIAS DONATIONIBUS)
Emperor Constantine Augustus to Rufinus, Praetorian
Prefect.
It was the will of Our father that no act of generosity
should be valid unless it was entered in the public records.
We decree also that, after the time of the promulgation of
this law, gifts between betrothed persons, as well as those
1.2
3 commissoria lex, law of forfeiture, agreement for forfeiture.

4
Which they have accepted as a pledge.

5 As a loan.
6 cautiones.
1 Brev. 3, 3; C. 4, 43.
7 occasio.
2 Brev. 3, 3, 1.
8satisfacere, to compensate, satisfy.

4
non minimi temporis spatium.
5 servitium, services.
1 Brev. 3, 4; CJ 4, 58. Krueger inserts IV A, DE NUNDINIS.
2 Brev. 3, 4, I; CJ 4, 58, 5.
exhibere, produce, prove; if he can prove that the slave in
question
is addicted to flight, G.
4
fugitivus, fugitive, runaway, addicted to flight.
1
Brev. 3, 5; CJ 5, 1; 5, 3.
Brev. 3, 5, I; Burg. Rom. 22, 3.
3 Constantius, since Rufinus was Praetorian Prefect, G.
2
[ 65 1

3-5-1
between all other persons, shall be valid only if they are
shall be restored to the person who made the gift. Also,
accompanied by the attestation of the public records.
if the person who presented a gift should die before the
Given on the fourth day before the ides of May at Sirmium in the
wedding, the gift shall be immediately invalidated and
year of the fifth consulship of Constantine Augustus and the consulthat property which was presented shall be restored to the
ship of Licinius Caesar.-May 12, 319; 352.4
heirs of the donor without any hindrance.
INTERPRETATION: Before the time of the above law,
4. We decree that this benefit shall extend even to the
gifts were valid even without the attestation of the public
person
of the father and mother and of children also, if
records. But now, after the above law, no nuptial or any
there
were
any from a former marriage; if in any manner
other gift of anything whatsoever, between any persons
any
of
these
persons should succeed to the inheritance of
whatsoever, can be valid if it has not been formally regisdeceased.
But if none of these persons should be an
the
tered in the public records.
heir of the deceased, but some one from the remaining8
degrees should succeed to the inheritance, the gifts shall
2.' The same Augustus to Maximus, Prefect of the City.
become
valid even though because of death the marriage
Since We are displeased with the opinion of the anwas
not
confirmed, since We believe that suitable provicients which decreed that gifts to a betrothed woman
sion
should
be made only for those persons.'
were valid even though the marriage did not follow, We
Given on the seventeenth day before the kalends of November:
order that those negotiations between betrothed persons
October 16. Posted on the sixth day before the aforesaid kalends
which are conducted with due legal formality with the inat Rome in the year of the fifth consulship of Constantine Augustus
tention of making gifts shall be made subject to the foland the consulship of Licinius Caesar.-October27, 319.
INTERPRETATION: Whenever betrothed persons have
lowing conditions: whether it appears that persons live
made
a specific agreement concerning their future marunder paternal power or that they are in any manner
6
riage,
and the man, either with the consent of his parents
legally independent, if, either of their own volition or
7
or
of
his
own free will if he is legally independent,6 has
with the mutual consent of their parents, they should
written a deed of gift of his betrothal bounty to his bemake presents to each other as though with a view to
trothed and has confirmed this deed of gift with all the
future matrimony, and if indeed the man of his own acformality of written documents, provided also that it shall
cord should be unwilling to take the woman as his wife,
be
proved that public records were made in conformity
he shall not recover that which has been given and delivwith
the law and that formal induction into the lando and
ered by him; if any part of the promised gift remains in
delivery
of movables" followed, then if anything should
the possession of the donor, it shall be transferred to the
pass
into
the right and ownership of the betrothed woman
betrothed woman without any evasion. I. But if the reby
such
a
formal gift and if later, after the aforesaid
sponsibility for failure to contract the marriage is reformal
documents
have been executed, the man should
vealed to have been that of the betrothed woman or of
voluntarily
refuse
to
accept as his wife the woman whom
the person under whose power she lives, then all gifts
he
betrothed,
he
shall
not demand back anything that has
shall be returned to the betrothed man or his heirs without
been
delivered.
If
he
is
proved to have in his possession
any diminution.
any
of
the
property
thus
formally specified and delivered,
2. These provisions shall similarly be observed also if
it shall be transferred without any delay to the ownership
a gift has been made to a betrothed man on the part of
of the betrothed woman whom he was unwilling to accept.
the woman betrothed to him. There shall be no further inIt is unnecessary to explain the remainder of the above
quiry into reasons for failure to contract the marriage.
law
because it is annulled by the subsequent laws.
Thus, for example, the morals or the low birth, perhaps,
of either party may not be alleged, and no other obstacle
3.12 The same Augustus to Valerianus, Acting Vicar of
may be adduced which anyone might consider unsuitable,
the Prefect.1s
since long before the betrothal was contracted, all these
Although in matters of gain it is not customary to assist
things should have been foreseen. Therefore, only the inwomen
who are ignorant of the law, the statutes of former
tention shall be investigated, and a change of intention
Emperors
declare that this rule does not apply as against
shall suffice for either restitution or recovery of the gifts
one
who
is
still under age. I. Lest, therefore, when marital
that have been made, since, after the elimination of all
affection
has
vanished, some cruel decision should be made,
pretexts, it shall be necessary for nothing further to be
We
decree
that
if property has been given and delivered
established, except the evidence as to which party said that
to
a
prospective
wife
who is under age at the time of marthe marriage which was to be contracted was not acriage, this property cannot be recovered on the grounds
ceptable.
that the former husband refused to register the gift in the
conis
marriage
the
before
that
possible
is
it
Since
3.
tracted, one of the two may die while his intention to
public records.
Given on the fourth day before the kalends of May in the year of
marry is still unchanged, We consider it suitable that
the consulship of Gallicanus and Symmachus.-April 28, 33o.
when the one to whom a gift has been made completes his
INTERPRETATION: Although even in the case of women,
days before the marriage, whatever has been given under
who
can at times be excused because of their frailty, the
the title of a betrothal gift or donated in any other way
law is unwilling to assist them in some cases if they have
4 The year of the fifth consulship of Constantius Augustus and
the consulship of Constantius Caesar (352), Kr. Cf. M.'s. note on
5 Brev. 3, 5, 2; CJ 5, 3, 15; Burg. ROm. 27, 3.
6 proprii juris: sui juris, of their own right; not under the
8 The more remote degrees of kinship than those mentioned above.

9 The ones specified above.
10 introductio locorum; this formality was similar in some respects to the livery of seisin of the English Common Law.
paternal power.
7 consensu parentum mutuo; that is, if they are under the paternal power.
11 rerum traditio.
12 Brev. 3, 5, 3; CJ I, 18, II; Burg. Rom. 22, 6.
13 Agens Vicariam Praefecturam,usually called simply the Vicar.
2, 9, 1.
E 66J
3-5-8

been negligent, nevertheless, in the above law it was the
Emperor's will that especial provision should be made for
them, so that if any girl should be united to a husband in
her pupillary years and her husband should through negligence fail to register his betrothal bounty in the public
records, she shall know that by the benefit of this law,
even if public records are lacking, the gift will remain in
her ownership with indefeasible title.
4.14 The same Augustus to Pacatianus, Praetorian Prefect.
If any man should contract for the marriage of a girl to

himself and should fail to effect such marriage within two
years, and if after this time has elapsed the girl should
proceed to marry another, no fraud shall be imputed to
her for hastening her marriage and not allowing her marriage vows to be mocked any longer.
Given on the day before the ides of April at Marcianopolis in
the year of the consulship of Pacatianus and Hilarianus.-April
12,
5."
The same Augustus to Pacatianus, Praetorian Prefect.
Given on the day before the ides of April at Marcianopolis in the

year of the consulship of Pacatianus and Hilarianus.-April 12,
332.
INTERPRETATION:
If any person, either a private citizen

or a soldier, after his betrothal to a girl, should make a
definite agreement concerning the marriage with her father,
tutor, curator, or near kinsman, he must effect the marriage within two years after this definite agreement. But
if on account of the procrastination or negligence of the
betrothed man, a period of two years should elapse and
the girl should marry another man, both she herself and
the kinsman who delivered her in marriage shall be free
from calumny. For the fault is that of the man who, by
delaying his own marriage, gave to another man the opportunity to marry the girl. If she should be given in marriage to another man within two years, the rules to be
observed will be understood more clearly from the subsequent law."'
6.20 The same Augustus to Tiberianus, Vicar of Spain.
If a man should make gifts to his betrothed when a
kiss has been exchanged as a pledge 21 and if it should happen that either the man or the woman should die before
the marriage, We order that one half of the things given
shall belong to the survivor; the other half shall belong to
the heirs of the deceased man or woman, of whatever degree such heirs may be and by whatever right they may
3, 5, 5; CJ 5, I, 2.
15
3, 5, 4; Brev. 3, 5, 4; Burg. Rom. 27, 2.
17 To a soldier.
16 aflinis.
18 The soldier who had thus delayed the marriage of the girl to
himself.
193, 5, 1
21
heirs. 2 2
Given on the ides of July at Constantinople: July 15, 335. Received on the fourteenth day before the kalends of May at Hispalis
in the year of the consulship of Nepotianus and Facundus.-April
i,
332.
The father of a girl or her tutor, curator, or any kinsman,1 6 shall not be permitted to give her in marriage to
another after having previously betrothed her to a soldier.
If the girl should be given in marriage to another within
two years, the person guilty of such perfidy shall be exiled
by relegation to an island. But if after an interval of two
years has elapsed since the marriage was agreed upon, the
person who betrothed the girl17 should marry her to another, it shall be attributed to the fault of the betrothed
man'8 rather than to that of the girl, and the person who
gave the girl in marriage to another husband after two
years shall suffer no injury.
14
succeed to the inheritance, so that it appears that one half

the gift shall remain valid and one half shall be annulled.
But when no kiss has been exchanged as a pledge," if
either of the betrothed persons should die, the whole gift
shall be invalidated and shall be restored to the betrothed
donor or to his heirs.
I. If a woman should give anything to her betrothed
under the title of betrothal gifts, a thing which rarely occurs, and if it happens that either the man or the woman
dies before the marriage, whether or not a kiss has been
exchanged as a pledge, 2 1 the whole gift shall be invalidated, and the ownership of the things given shall be
transferred to the betrothed woman who gave it or to her
interveniens osculum.
203,
5, II; Brev. 3, 5,;
CJ 5, 3, 16.
336.
INTERPRETATION: If when a betrothal has been solem-
nized and a kiss has been exchanged as a pledge, 21 the betrothed man should make some gift to the betrothed
woman, and if perchance he should die before the marriage, then the girl, in case she survives, shall be able to
vindicate one half of the things which had been formally
given to her, and the heirs of the deceased shall acquire
one half, in whatsoever order, according to the degree of
succession, they may come. But if a kiss should not be
exchanged as a pledge 2 1 and the betrothed man should die,
the girl shall not be able to vindicate any of the things
given or delivered to her. But if anything should be given
by the girl to the betrothed man and she should die,
whether or not a kiss has been exchanged as a pledge,2 3
the parents or near kinsmen of the girl shall recover all
that which the girl gave.
7.
24
. . . provided that . . . has been preserved, 2 5 the gift

shall have complete validity, although he did not arrange
for the certification of public records in testimony thereof.
Certainly, a group of people assembled as witnesses of
these vows is sufficiently competent. But in the case of all
other gifts, the execution of public records shall be required in accordance with the constitutions of Our sainted
father. 2 6
Given on the fifth day before the ides of Ju . . .27 at Killn in the
year of the consulship of Amantius and Albinus.--June 9 (July ii),
345.
8. Emperor Julian Augustus to Hypatius, Vicar of the

City of Rome.
Whenever any gifts consisting of landed estates that

are subject to either Italian, stipendiary, or tributary
rights 28 are give and pledged by a stipulation 2 9 to a be22 successores.
23 osculum intercedens=osculum interveniens.
24 8, 12, 8; 8, 12, 3-5. The first part of the constitution has been
lost.
25 Provided that the formalities have been preserved, supplying
solemnitas or an equivalent expression. The ms. is defective.
26 Constantine the Great.
27 Since the ms. is defective, the month is uncertain.
28 Estates subject to Italian rights had certain privileges
that
were not held by stipendiary or tributary estates, since Italian
estates were originally those of the Roman conquerors, while stipendiary and tributary estates were originally those of conquered
peoples. These distinctions were gradually abolished in the time of
the Empire.
29 intercedente stipulatione donantur. The stipulation was a very
formal agreement.
[ 67 1
3-5-8
Betrothal and IAntenuptial Gifts
trothed woman in her minority, with a view to future marriage, such bounty shall be supported by perpetual validity, even though it should appear that the formality of delivery was lacking; provided, however, that even in the
case of those gifts which are bestowed upon minors, the
execution of public records shall be demanded in all cases.
Given on the ninth day before the kalends of M(arch) at Antioch
in the year of the fourth consulship of Julian Augustus and the consulship of Sallustius.-February21, 363.

Before marriage many things are delivered with all due
formality under the title of betrothal gifts, and these gifts
must not by any means contribute to loss on the part of
the donor. But if the girl should die during the marriage,
they shall revert to the advantage of the said donor in
disregard, of course, of the old law. Therefore, the claim
of the father and other near kinsmen of the girl shall be
annulled, and such gifts shall be returned without delay
to those persons who appear to have presented them before the marriage was contracted.
Given on the third day before the ides of July at Trier in the year
of the consulship of Valentinian and Valens Augustuses.-July 13,
368; 367; 373.
gustuses to Eutropius, Praetorian Prefect.

If, after anything has been given as earnest"' under the
title of betrothal gifts, either of the betrothed persons
should die, We order that whatever has been given shall be
restored, unless the deceased person had previously given
cause for the non-performance of the marriage rites.
Given on the fifteenth day before the kalends of July at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-June 17, 380.
II.3 The same Augustuses to Eutropius, Praetorian Pre-
fect.
When betrothal gifts have been made to a girl before
her tenth year, We remit the fourfold penalty for the
father, mother, tutor, or any other person, even though
the marriage should not follow; and if the girl should die
in the meantime, We order that the betrothal gifts shall
be restored to her betrothed. I. But if the father or any
other person who has charge of the girl's affairs should
suppose that he should retain the pledges which he has
received in the girl's tenth year or later, and before her
twelfth year, that is, until the end of her eleventh year,
then if, when the time for the marriage arrives, he should
be false to his trust, he shall become obligated to the fourfold penalty.
2. But for a widow, since she is not assisted by the
privilege of age," there is a different rule, namely, that if
she does not effect her marriage, she shall be liable to the
fourfold penalty according to the ancient constitution. 4
3. Moreover, when any person makes an agreement con-
cerning the marriage of a girl after the completion of her

twelfth year, if indeed the person making the agreement
is the girl's father, he shall obligate himself, but if her
mother or a curator or other near kinsman, the girl shall
become obligated. 4. But there shall be reserved to the
girl against her mother, tutor, curator, or such near kinsman, an unimpaired action, on the basis of what is fair
and just with regard to those pledges which she restored
from her own resources according to the penalty of the
law, provided that she can prove that she had been compelled by the aforesaid persons to consent to receive what
was given as earnest. 8 '
the first consulship of Theodosius Augustus.-June 17, 38o.
INTERPRETATION: If, before a girl has reached her
tenth year, her father or mother or, if the father should be
lacking, her tutor, curator, or any near kinsman, should
make an agreement concerning her marriage and should
accept betrothal gifts, and if afterwards he should change
his mind and wish to reject the person whom he had
formerly accepted, he shall not be condemned to the fourfold penalty, but shall restore only what he had received.
Certainly, also if the girl should die, only that shall be returned which had been received. But if, when the girl is
in her tenth year and until the completion of her eleventh
year, she herself, or her parents, tutors or curators should
retain the earnest8 ' which had been received, the following rule must be observed, namely, that if the person who
made the agreement concerning the marriage of the girl
should wish to prove false to the agreement and should
reject the man whose betrothal gifts had been received, he
shall be liable to the fourfold penalty, without doubt. But
if he should return the pledges received before the girl's
eleventh year is completed, he shall fear no malicious
charges35 concerning the earnest which had been accepted.
On the other hand, if the girl should be a widow, she shall
not be able to defend herself on the ground of her age,36
if she should turn her affections elsewhere and should
wish to reject her former betrothed. Then whatever she
has accepted under the title of betrothal gifts she shall return fourfold. But if after the girl's twelfth year, her
father should wish to do otherwise than he promised concerning her marriage, her father himself shall be held
liable to the fourfold penalty. If the father is dead and the
mother, tutor, curator or any near kinsman should make
a definite agreement concerning the marriage of the girl
and the girl should prefer to wed another, she herself out
of her own resources shall make reparation to her former
betrothed in the amount of four times the value of what
she received. This condition, however, shall be observed,
that she can bring suit afterwards against the aforesaid
persons, if under their compulsion she unwillingly accepted the pledges of the man whom she later refused.
tution. On the date see 3, 5, II; 3, 6, I; 4, 19, i; 6, 10, I; 9, 27, 2;

9, 42, 8-9. 3, II, I; 6, 27, 3; 8, 15, 6; 4, 5, 2 seem to be parts of the

Marinianus, Praetorian Prefect.
(After other matters.) If a father should enter into a
pact" concerning the marriage of his daughter and he
same constitution.
31 arrae, a Semitic word.
32 3, 5, io; Brev. 3, 5, 6; Burg. Rom. 27, I; Schol. Sin. 3.
3 auxilium aetatis; that is, the special privileges that were available to minors.
3 Not extant.
calumnia.
36 That is, she may not claim the privileges granted to women
who were minors. See n. 33.
3 Brev. 3, 5, 7; CJ 6, 56, 4; 5, 9, I; 5, I, 4.
8 pactum, an informal agreement.
80 CJ 5, 9,
I;
5,
1, 3;
Schol. Sin. 3; Burg. Rom. 27. Kr. supplies
the italicized part from CJ; M. omits the entire body of the consti-
.3
E 68 :i
Betrothal Gifts of a Governor

should not be able to reach the time of the marriage because he perished by human lot, the decision which is
proved to have been made by the father shall remain valid
and binding between the betrothed, and a compromise shall
not be permitted to have any weight if it is proved to have
been made by the guardian to whose administration the
interests of the minor pertain. I. For it is thoroughly un-
just that the decision of a tutor or curator, who has perhaps been bribed, should be admitted as against the father's wish, since frequently even the determination of a
woman herself is found to work against her own in-
terests. (Etc.)
Given on the third day before the nones of November at Ravenna
in the year of the thirteenth consulship of Our Lord Honorius
Augustus and the tenth consulship of Our Lord Theodosius Augustus.-November 3, 4 2 2 .39
INTERPRETATION: When a definite agreement concern-
ing the marriage of a girl has been made by the decision

of her father, if by human lot the father should die before
the girl is married, the agreement cannot be changed in
any way, and the girl shall not have the liberty to do anything else even if her mother or tutor or curator or near
kinsmen should perhaps wish that she accept another
rather than the man her father chose. But the promise of
her father with reference to the man whom he himself accepted as her betrothed shall remain valid, and in no way
shall the girl be permitted in accordance with her own
plan to desire anything contrary to the wishes of her
father.
3-6-1
but any writing whatever which indicates the day and the
time shall suffice. Therefore, whether a gift is one which
is made by entry in the public records without delivery,
or whether it is one which is less than two hundred solidi
in value, it shall not be invalidated by any arguments resting upon chicanery" in any respect, but the things shall be
exacted from the husband or his heirs who shall be ordered
to restore them to the woman. Nevertheless, the benefit of
the law shall remain valid concerning those women who
are married during their minority after their father's
death, so that a deed of gift 5 of any amount whatever,
when made in writing, shall stand with complete validity,
even though it has not been registered in the public records.
14-46
... the betrothed man or the betrothed woman may vio-
late this regulation without any hazard. But the fifteenth

constitution of the fifteenth title of the third book of the
Theodosian Code confirms the threatened penalty to the
extent of double indemnity in cases of agreements for
marriage.
TITLE 6: IF THE GOVERNOR OF A PROVINCE OR PERSONS CONNECTED WITH HIM
SHOULD GIVE BETROTHAL GIFTS'
(SI
PROVINCIAE RECTOR VEL AD EUM PERTINENTES SPONSALIA DEDERINT)
Emperors Gratian, Valentinian, and Theodosius Augustuses to Eutropius, Praetorian Prefect.
(After other matters.) If betrothal gifts should be
given by persons who hold positions of public power and
honor in the administration of provinces and who, therefore, can intimidate parents, tutors, curators, or the women
themselves who are about to contract the marriage, We
order that if either the parents or the women themselves
should change their minds thereafter, they shall not only
be released from the toils of the law and free from the
fourfold penalty which it has established, but in addition
they shall keep as gain the things given as pledges if they
should suppose that they ought not to be returned. I. So
widely do We intend this provision to extend that We decree that it shall apply not only to such administrators,8
but also to sons, grandsons, near kinsmen, associates and
confidential advisers of administrators, provided, however,
that the administrators had given them assistance. 2. However, We do not forbid that marriage to be effected thereafter which was obligated by means of an earnest 4 at the
time of such administration, on account of those persons
about whom We have spoken, if the consent of the betrothed woman should accede thereto.
1.2

(After other matters.) If a deed of gift has been validated before marriage by the formality of registration in
the public records, there shall be no inquiry as to whether
delivery of the gift either preceded or followed the marriage or was altogether omitted. In the case of a gift
which is less than two hundred solidi in its total value, the
execution of public records shall not be required. I. We
do not permit these advantages to be denied to a wife or
to those persons who succeed to her rights, who may be
deceived through the fraud of her husband or the dishonesty of his heirs 4' or through legal technicalities,4 2 even
though either through ignorance or cunning the deed of
gift should make mention of things to be given as dowry,
but such gifts shall be exacted from the husband or his
heirs and shall be restored. That law43 also shall remain
in force which makes just provision for women of minor

age, even when the attestation of the public records has
been omitted, if they have been deprived of their father's
aid. (Etc.)
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Taurus and Felix.-February 21, 428.44
INTERPRETATION: If a betrothal gift should be entered

in the public records before marriage, it cannot be invalidated even though the thing given is not delivered. But in
the case of a gift, the total value of which is found to be
less than two hundred solidi, even when a public record of
it is lacking, no chicanery35 can be employed against
women under cover of any cunning device or objection,
3 3, 13, 3.
Brev. 3, 5, 8; CJ 5, 3, 17; Burg. Rom. 27, 3; 27, 6.

41successores.
42 scrupulositas juris.
433, 5, 3.
44 2, 3, 1, n- 4.
40
Given on the fifteenth day before the kalends of July at Thessalonica in the year of the fifth consulship of Our Lord Gratian Augustus and the first consulship of Our Lord Theodosius Augustus.
-June
17, 380.
INTERPRETATION:
If any judges5 of provinces or any
45 donatio.
"3, 5, IH; 3, 6,
I; 3, 1o, I; CJ 5, 1, 5; Schol. Sin. 2. This is not

a constitution but a notice of a constitution that has been lost. M.
inserts this notice at this place in his edition of the Theodosian Code.
13, II; Brev. 3, 6; CJ 5, 2.

23, II, I; Brev. 3, 6, I; CJ 5, 2, I.
8administrantes, governors of all ranks.

4 arrae.
5 Governors, the judges ordinary.
E 69 :
Betrothal Gifts of a Governor
3.6.1
persons in administrative offices, while holding the aforesaid positions of honor, should have with them their adult
sons or near kinsmen or any persons who appear to be associated with them in their administration, if they should
use their power to threaten the parents or perchance to
intimidate tutors or curators or the girls themselves, if
they should give anything in the name of betrothal gifts
or as earnest4 for the purpose of obligating the household
of any person, and if the parents or the girls themselves
should wish to resist this desire,' they shall have the unrestricted right to refuse that which they appear to have
thus accepted. They shall know that the fourfold penalty
shall not be exacted of them, but also those gifts which it
appears that they accepted through terror they shall retain to their own profit, if they so wish, and they cannot
be constrained to return them unless perchance they should
wish to do so of their own free will. For if, after the end
of such administration, the desire of the parents or the
girls should remain unchanged with regard to marriage
with those persons who had given betrothal gifts, the marriage thus chosen may follow.
TITLE 7: MARRIAGE' (DE NUPTIIS)
1.2 Emperors Valentinian, Valens and Gratian Augustuses
to the Senate.
A widow less than twenty-five years of age, even though
she enjoys the freedom derived from emancipation, shall
not enter into a subsequent marriage without the consent
of her father or in opposition to his will. Therefore, the
intermediaries 3 and marriage brokers,' the corrupt bearers
of secret messages back and forth, shall cease. No person
shall purchase a noble marriage,' no person shall solicit
one; but the kinsmen 6 shall be consulted publicly, and a
number of nobles shall be admitted. I. But if in the choice
of a marriage the woman's desire should conflict with the
decision of her near kinsmen,7 it is Our pleasure that, as
has been sanctioned in the case of marriages of girls who
are pupils, the authority of a judicial trial shall be added
to the investigation that must be held, so that if the suitors are equal in birth and character, the person whom the
woman herself approves, consulting her own interests,
shall be adjudged preferable. 2. But lest perchance even
honorable marriages should be impeded by those persons
who, as kinsmen in the nearest degree, would be called to
the inheritances of such widows, if a suspicion of this kind
should arise, it is Our will that the authority and judgment of those persons shall prevail who, even though
death should intervene, could not receive the benefit of
the inheritance.
Given on the seventeenth day before the kalends of August in the

year of the second consulship of Gratian Augustus and the consulship of Probus.-July 16, 371.
INTERPRETATION:
If a widow who has not yet arrived
at her twenty-fifth year during her father's lifetime should

wish to enter into a subsequent marriage, she shall know
that, even though she has acquired her freedom by emanci-
pation, her marriage is subject to the control of her father

and does not rest upon her own desire, and her consent
must conform to the choice of her father and not that of
any friends or comrades whatever. But if indeed the father
of such a widow is dead, even so she shall not have the
right to marry according to her own individual choice,
but in the interests of an honorable condition of marriage,
the judgment of the near kinsmen must be followed. But
if there should be two suitors, the near kinsmen" must
certainly be consulted, and the judge' also must not be
ignored, who shall take into consideration the desire of
the woman only in the interest of the more honorable man.
He shall not give assent to the wishes of those near kinsmen only who labor under the suspicion of desiring the
inheritance and who, perhaps, while they delay the wedding, appear to be awaiting the death of the woman with
a view to their succession to her inheritance. But if such
a condition should arise, the choice of those persons
rather must be followed who can acquire nothing from
the inheritance of the aforesaid woman.
2.1o Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.
No Jew shall receive a Christian woman in marriage,
nor shall a Christian man contract a marriage with a Jewish woman. For if any person should commit an act of
this kind, the crime of this misdeed shall be considered as
the equivalent of adultery, and freedom to bring accusa-
tion shall be granted also to the voices of the public.

Given on the day before the ides of March at Thessalonica in the
year of the second consulship of Theodosius Augustus and the
consulship of the Most Noble Cynegius.-March 14, 388.
INTERPRETATION: By the severity of this law it is pro-
hibited that a Jew should enjoy marriage with a Christian
woman or that a Christian man should receive a Jewish

woman as his wife. But if any persons should involve
themselves in such a union, contrary to Our prohibition,
they shall know that they will be prosecuted and subjected
to the same punishment as that which is inflicted upon

adulterers, and that the right to bring accusation of this
crime and the prosecution of it shall be allowed not only
to near kinsmen but also to everyone.

3."
Emperors Theodosius and Valentinian Augustuses
to Hierius, Praetorian Prefect.

If instruments12 of prenuptial gifts or dowries should
be lacking and if the solemn procession and other wedding ceremonies should be omitted, no person shall suppose that on this account a marriage otherwise legally
entered into shall lack validity or that the rights of legitimacy can be taken from children born of such a marriage,
when the marriage is contracted by persons of equally
honorable status, when it is precluded by no law, and
when it is confirmed by the consent of the parties and the
reliable testimony of friends. (Etc.)
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Felix and Taurus.-February 2z, 428.13
the administrators. Or: if the parents or the girls themselves

should wish to oppose their previous agreement.
6 Of
'Brev. 3, 7; CJ 5, 4.
3 sequestres.
Brev. 3, 7, 1; CJ 5, 4, 18.
4 interpretes.
5Marriage with a person of noble rank.
6 affinitas, literally, kinsmen by marriage.
7 propinqui.
8 parentes.
9 The governor of the province, the
1o 9, 7, 5; Brev. 3, 7, 2; CJ I, 9, 6.
judge ordinary.
11 Brev. 3, 7, 3; CJ 5, 4, 22; Burg. Rom. 37, 2.

12 Documentary evidence, such as deeds of gift and dowry agreements.
18 2, 3, I, n. 4.
E 70 ]
Subsequent Marriages
INTERPRETATION: If any such exigency should arise
that a marriage should lack the due formalities, or even
that betrothal gifts cannot be made or the bestowal of a
dowry executed, yet if the parties should unite in marriage
by mutual consent, when they are persons of equal status,
a suitable choice and the agreement of the parties shall
suffice, provided, however, that the knowledge of friends
shall act as surety" of the marriage; then if such a situation should occur, the marriage shall be approved as valid
and the children as legitimate.
TITLE 8: SUBSEQUENT
SECUNDIS NUPTIIS)
(DE
MARRIAGES'
1.2 Emperors Gratian, Valentinian, and Theodosius Augustuses to Eutropius, Praetorian Prefect.
If any woman who has lost her husband should hasten
to marry another man within the period of a year (for
We add a small amount of time to be observed after the
ten months period, although We consider even that to be
very little) she shall be branded with the marks of disgrace and deprived of both the dignity and rights of a
person of honorable and noble status. She shall also forfeit all the property which she has obtained from the
estate of her former husband, either by the right of betrothal gifts or by the willP of her deceased husband. She
shall know also that she shall expect no help from Us
through either a special grant of imperial favor or an annotation.
Given on the third day before the kalends of June at Constantinople in the year of the consulship of Eucherius and Syagrius.
-May 30, 381.
INTERPRETATION: If within a year after the death of
her husband a woman should marry another man, she shall
know that she will subject herself to infamy and be rendered infamous to such a degree that she shall forfeit any
betrothal gifts that she has received by the bounty of her
former husband or anything that he has given to her by
his testament, and all this property shall go to his children.
If there should be no children, the said property shall
profit those persons who are akin to the former husband
in the nearest degree, and they shall be able to vindicate
this property for themselves through the right of inheritance.
The same Augustuses to Florus, Praetorian Prefect.

When a woman passes to a subsequent marriage, if she
has children born from a prior marriage, anything that
she has received from the property of her former husband
by right of betrothal gifts, or anything that she has also
received upon celebration of the marriage, or anything
that she has acquired from the property of her former
husband by gifts made in expectation of death5 or by
testament, either by direct right or under the title of a
trust or legacy or as a reward through any other form of
munificent liberality, all this she shall have the right to
2.4
14
9, 3; D. 38, 17; Burg. Germ. 24, 1-2.
I;
CJ 5,
5mortis causa, a gift that is validated by the death of the donor,
who makes it in contemplation of death.
transmit undiminished, just as she received it, to the children which she has from her prior marriage, or to any
one of these children upon whom the mother believes she
ought to bestow the judgment of her liberality in view of
the merits of such child, provided that this child should be
one of those whom We consider most worthy of such a
succession. Such a woman shall not presume or have the
power to alienate any part of such property to any extraneous person whatsoever or to successors born from
the union of the second marriage. She shall have the
right of possession only to the last day of her life, and
she shall not be allowed the power of alienation also. For
if any of the aforesaid property, through a fraud of evil
intent, should be transferred by the mother who possesses
it to any other person whatsoever, it must be restored by
compensation out of her own resources, whereby the property shall go undiminished and unimpaired to those persons whom We have designated as heirs.
I. We also add to the law the following provision,
namely, that if any son from the aforesaid children who
are proved to have been born from the former marriage
should perhaps die, leaving one or more sisters but no
brother, and thus, by benefit of the decree of the Senate,"
he should appear to provide for the mother a place as heir
along with the sisters; or if a daughter should die leaving
no brother alive, but only her mother and sisters as survivors and should thus preserve for the mother an opportunity to enter upon the inheritance for a half portion,
whatever the mother shall appear to have obtained by the
benefit of succession,7 she shall be granted only the possession thereof to the last day of her life in accordance
with her due portion. She shall leave everything to the
surviving children who were born of her prior marriage,
and she shall not have the power to will such property to
any extraneous person or to alienate any of it.
2. But if she should have no children as her successors
from the prior marriage, or if such child or children
should have died, she shall hold in fully legal ownership
all property which she has received in any manner, and
she shall have the unlimited power to acquire ownership
from these children and to give it by testament to whomever she wishes.
3. It is Our will that husbands also shall be admonished
by a similar example of both piety and law. Although We
do not constrain them by the bond, so to speak, of a sanction very severely imposed upon them, nevertheless We
restrain them by the law of religion,' that they may know
that what is enjoined upon mothers by the necessity of the
law, as here set forth, is more readily expected of them in
consideration of justice, in order that, if necessity should
so persuade, in the case of men, too, there should not have
to be exacted from them by the aid of a sanction that which
meanwhile may properly be desired and expected.
Given on the sixteenth day before the kalends of January at Constantinople in the year of the consulship of Antonius and Syagrius.
-December 17, 382.
INTERPRETATION: If a woman should lose her husband
and afterward should enter into another marriage at the
statutory time, that is, when a year has elapsed, and if she
should have children by her former husband, she shall preserve for such children all the property which she has re-
intercedere.
1 Brev. 3, 8; CJ 5, 9.
2 Brev. 3, 8, 1; CJ 5, 9, 2; Burg. Rom. 16, i.
3 judicium.
4
Brev. 3, 8, 2; Nov. Th. 14; Nov. Maj. 6; Nov. Sev.
3*8*2
Senatus Consultum Tertullianum.
Benefit of succession; as an heir.
8 religio, religion, conscience. Revised by Nov. Th. 14,
C 71 ]
1.
Subsequent Marriages
3-8-2
ceived through any betrothal bounty or gift made at the

time of the wedding, and she shall know that this property must not be transferred to other or extraneous persons. But whatever the former husband has given to his
wife by a testament or trust fund or under the title of
legacy or in expectation of death,5 this property that the
wife has received by such a gift, she shall have the unlimited power to bestow, either upon all the children or
upon one for the merit of such child's service, if she
should so wish; but she shall not be permitted to alienate
any of the property of her former husband away from his
children. But if she should presume to do this, she must
know that compensation must be made out of her own
resources.
The Emperor supposed that the following provision
especially should be included in this law, namely, that if a
woman should proceed to another marriage, and if, of the
children which she had born from her prior marriage, a
son should die, in case that he leaves surviving a mother
and sisters, or at least a sister and does not leave a brother,
who would be able to exclude the mother, then by the
benefit of the law the mother and the daughters or daughter shall succeed to equal shares. But if a daughter should
die and should leave only a mother and sisters, the mother
shall acquire half the inheritance of the deceased daughter, and half shall accrue to the sisters, whether there be
,one or many, under the condition, however, that while the
mother lives, she shall possess only in usufruct the half
which she has acquired from such inheritance of a son or
daughter. After her death she shall leave this property to
the remaining children, if any have survived from her
former marriage, and she shall not have the liberty to
transfer it to other persons either by testament or by gift.
But if no children by her former husband should survive,
then any property whatever that she has received on this
account she shall vindicate for herself as though it were
her own property, and she shall lawfully transmit it to
whomever she may wish. In this law also it was the Emperor's will that a similar condition should be observed if
a father whose wife had died should proceed to a subsequent marriage, so that, if there should be sons or daughters by his former wife, of whom some should die and
make a place for the father in the succession to their own
portion, after the father's death, this portion which was
left to him should accrue to the brothers and sisters who
survive from his prior marriage, and it could not pass to
other persons through paternal power.
No person shall have any doubt that a woman shall have
a usufruct to the last day of her life in the property which
she received at the time of her marriage, even though she
should perchance proceed to a subsequent marriage after
the statutory time has elapsed and even though there
should be children of the prior marriage. The ownership
of such property shall be preserved for those persons to
whom the most sacred imperial laws"o have reserved the
entire right after the death of the woman, which right it
is manifestly established is transmitted to the children of
the prior marriage.
9
Brev. 3, 8, 3; Burg. Rom. 15 (16?),

103, 8, 2-
2.
Given on the tenth day before the kalends of July at Ravenna

in the year of the ninth consulship of Our Lord Honorius Augustus
and the fifth consulship of Our Lord Theodosius Augustus.-June
22, 412.
INTERPRETATION: It is very well known that a woman

vindicates to her ownership such property as she receives
from her husband at the time of the wedding. If her husband should chance to die, leaving children, however, and
the woman should lawfully proceed to another marriage
after the period of mourning has elapsed, to the last day
of her life she shall hold a usufruct of the property thus
given to her. But after the death of the woman, all such
property shall revert to the children of the former husband, and the mother is not permitted to transfer any of
it to the ownership of others while the children are living.
TITLE 9: IF A WOMAN TO WHOM HER HUSBAND LEFT A USUFRUCT SHOULD SUBSEQENTLY MARRY' (SI SECUNDO NUPSERIT
MULIER CUI MARITUS USUMFRUCTUM RELIQUERIT)
Asterius, Count of the Orient.
By a clear decision We indicate that the regulations3
which have been established by Our Clemency concerning
prenuptial gifts4 are far different from those which have
been established concerning property from a man's own
patrimony, the usufruct of which he has left to his wife
by his own will.' For in the case of such usufruct of a
portion of his own property which a man by executing his
last will leaves to his wife, it is Our will that the woman
shall be threatened with the loss of this usufruct immediately after her subsequent marriage, in accordance with
that law6 which has indubitably been issued concerning
this special point.7 But as to the usufruct of property
given before marriage, those rules shall be observed which
an earlier, most salutary law8 has decreed with a full regulation.
1.2
Given on the sixteenth day before the kalends of March at Constantinople in the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.-February 14, 398.
INTERPRETATION: With a clear interpretation the Emperor has explained these two legal provisions, namely,
that if the husband at his death should leave to his wife,
in addition to the betrothal gift, a usufruct on property of
his own patrimony, she shall possess that which has been
left to her according to his will, on condition that if afterwards the woman should marry another man, she shall
immediately restore the usufruct acquired under the will
to the children of the man from whom she had obtained
the usufruct. But she shall rightfully retain the usufruct
of the betrothal gift until her death, just as another law 6
previously indicated. Whence the ownership of this property shall revert after the mother's death to the children
of the husband who gave it.
1 Brev. 3, 9;
CJ 5, Io.
Brev. 3, 9, I.
3 CJ 5, Io, I.
2
de rebus ante nuptias.

5 suum arbitrium.
4
63, 8, 2.
7 articulus.
C 72 ]
Marriages of Administrators
TITLE 10: IF MARRIAGE SHOULD BE PETITIONED FOR IN ACCORDANCE WITH A
RESCRIPT' (SI NUPTIAE EX RESCRIPTO
PETANTUR)
I.2 Emperors Honorius and Theodosius Augustuses to
Some men, in disregard of the provision of the ancient
law, suppose that they may request from Us by surreptitious supplications permission for a marriage to which
they know they are not entitled, and they pretend that they
have the girl's consent. Therefore We prohibit betrothals
of such a kind by the ordinance of the present law. I. If
any person, therefore, in violation of this ordinance, should
obtain such permission to marry by a surreptitious supplication,3 he shall not doubt that he will suffer the forfeiture
of his goods and the punishment of deportation. He shall
also know that he forfeits the right of marriage which he
obtained by such a forbidden usurpation; that he cannot
have legally born children in this manner; and that he has
never obtained an effective permission by the grant of the
requested indulgence or the imperial annotation. Excepted
herefrom are those persons whom the law of Our father
of triumphal memory 4 did not forbid to supplicate, after
the pattern of the imperial indulgences, for the marriage
of cousins, that is, of persons related in the fourth degree.
Those persons also shall be excepted who desire that the
solemn engagement 5 of parents as to the marriage of their
daughters shall be fulfilled or who request the return of
betrothal gifts, that is, of gifts given in the name of
earnest,' together with the fourfold penalty, under the
provisions of the laws. 2. For We forbid that We be requested by supplication to grant permission for a marriage
which should properly be impetrated in accordance with
the wish of the parents or of the adult girls or the women
themselves. But if a marriage is refused which has previously been promised and some lawsuit arises under the
provision of the statutes, We do not forbid that We be
consulted about the law.
Given on the tenth day before the kalends of February at Ravenna
in the year of eighth consulship of Our Lord Honorius Augustus
and the third consulship of Our Lord Theodosius Augustus.-January 23, 4o9.7
INTERPRETATION: Occasionally it happens that some
man, forgetful of the severity of the law, dares to employ

surreptitious methods in dealing with the imperial majesty,
that he seeks for himself permission granted by an imperial order for a marriage which he is not entitled to obtain, and that he lies about the consent of the parents or
of the girl; wherefore, the Emperor prohibits such audacity. If any man, therefore, should suppose that he should
obtain the right to marry through such surreptitious methods, he shall know that he will be punished by the f orfeiture of his property and exile by relegation; that he
shall not have the marriage which he sought in such a
manner; that the children born of a union contracted
through such an arrangement and by such corrupt solicitation shall not be called legitimate, and that not even
through a supplication to the Emperor shall he obtain
TITLE 11: IF A PERSON ENDOWED WITH

ANY ADMINISTRATIVE POWER SHOULD
SEEK TO MARRY A WOMAN AGAINST HER
WILL' (SI QUACUMQUE PRAEDITUS POTESTATE NUPTIAS PETAT INVITAE)
I.2 Emperors Gratian, Valentinian, and Theodosius Augustuses to Neoterius, Praetorian Prefect.
If a person endowed with ordinary authority3 or with
any administrative authority whatever, should use the advantage of his power in connection with contracting a
marriage to which the woman herself or her parents are
averse, whether the girl is a pupil, a maiden or widow
living with her father, a widow of independent status,4 or
in short, a woman of any condition whatever, and if such
administrator should be found to show or to have shown
his menacing favor toward unwilling persons whose interests are here considered, We decree that he shall be liable
to a fine of ten pounds of gold, and We forbid him, when
he has retired from his high office, to usurp the high rank
thus acquired.5 If he should refuse to obey the sanction of
Our statute with respect to the vindication of the honor
which he has wrongfully used, the following penalty is
provided, namely, that in every case for a continuous
period of two years he shall not be allowed to live in the
province in which he committed such usurpation.
I. Because, however, We realize that certain households
and certain parents must be further protected against hidden malice, We order that if any parent or any woman
whatsoever should be assailed by hidden promises or
threats through the judge6 with regard to that marriage
to which the woman has disdained to give her consent, such
persons may immediately file an attestation.7 Whereupon
8 The
earlier editions emend the text to read: shall not be prohibited who seek . . . that they may be united.
13,
2
1 Brev. 3, 1o; CJ 5, 8.
3 Min. Sen., n. 57. Cf. D. 23, 1-2.
Brev. 3, 10, I; CJ 5, 8,
1.
Theodosius I. The law is not extant.

8 arrae.
7 The date is incorrect, since the constitutions addressed to Caecilianus, the successor of Theodorus, begin on January 21.
4
5 sponsio.
3-11-1
pardon for such presumption. But in the case of persons

connected by kinship in the fourth degree who have entered into a presumptuous union, although such a union
is infamous, nevertheless, if the parties should supplicate
the Emperor, he will grant a pardon. Those persons shall
not be prohibited from seeking an ordinance of His Majesty, since they are united in marriage pursuant to an
agreement of the parents.' But if any man to whom a girl
was betrothed while her parents were living is scorned by
the girl after the death of her parents, according to the
tenor of the law he shall recover fourfold those things
which he has given or presented in the name of earnest.'
But if arrangements have not previously been made, the
Emperor, with all severity, prohibits the request by supplication of permission to marry. But if any man should
make a marriage agreement with the parents of a girl or
with the girl herself, and one of the contracting parties
should wish to abandon the agreement, We do not forbid
the person who is scorned to consult Us. (The remainder
of this law has already been expounded elsewhere.)
I, n. 24; Brev. 3, II; CJ 5, 7.

3, 6, I; Brev. 3, II, I; CJ 5, 7, 1.
3 Administrative authority, as of the governors, the judges ordinary.

4 sui juris, not under paternal power.
5 peracta dignitas, the rank of the office which he has completed?
6The
governor of the province.
7 contestatio,
attestation of suit, litiscontestation.
E 73 1
Marriages of Administrators
3*11*1
they, together with their household and that of their family, shall cease to belong to his jurisdiction; the defenders'
of each municipality and the apparitors of the aforesaid
judge6 shall attend to this matter. 2. If such depravity
should be that of the judge ordinary,6 all jurisdiction over
the aforesaid household in all matters, civil and criminal,
shall belong to the vicar as long as the aforesaid judge
ordinary6 is in authority. However, if the vicar or a person of similar authority should undertake to exercise coercion in contracting such a marriage, the judge ordinary6
in turn shall become the intercessor. But if the judge and
vicar should both be suspected, the protection of such
households particularly shall devolve upon the Illustrious
prefect as long as the aforesaid judge or vicar is in office.
the first consulship of Theodosius Augustus.-Iune 17, 380.
If any judge6 who administers a

province, or even if any person to whom is entrusted the
administration of municipalities or districts, through his
authority should assign to himself for marriage a maiden,
against the will of her parents, or even a widow who is
either of independent status4 or a pupil, and if, contrary
to the interests of this woman, by means of terror and
collusion of any persons whatever, such woman should be
assigned against her will to be married to those persons
concerning whom the Emperor speaks-if anyone should
presume to do this, he shall know that he will be condemned to the payment of ten pounds of gold, stripped of
his high rank, and prohibited for a period of two years
from entering the province in which he had been judge.'
But this law provides a special grant of imperial favor, as
a protection against such men, to parents and to women
themselves when they are of independent status,9 and to
those persons who exercise guardianship over minors,
namely, that they shall have the right to file their attestations7 before other judges or in the nearest municipalities
and to be defended by their protection. Thus if there
should be another high official in the same province, as,
for example, if there should be two judges, one administering private rights and the other imperial rights, and
if, in this situation, any person is oppressed by one of
these judges, he shall be defended by the protection of the
other, or at least he shall have recourse to the magnificent
authority,1 0 who can bring this information to the ears of
the Emperor."
INTERPRETATION:
TITLE 12: INCESTUOUS

INCESTIS NUPTIIS)
MARRIAGES'
(DE
I. Emperors Constantius and Constans Augustuses to the

Provincials of Phoenicia.
If any man should be so abominable as to presume that
a daughter of a brother or of a sister should be made his
wife, and if he should fly into her embrace, not as her paternal or maternal uncle, he shall be held subject to a
sentence of capital punishment.
Given on the day before the kalends of April at Antioch in the
8 vindices.
9 in suo jure=sui juris, not under paternal power.
11 Note the discrepancies between the constitution and the Interpretation.
'Brev. 3,
12;
CJ 5, 5.
year of the third consulship of Constantius Augustus and the second

consulship of Constans Augustus.-March 31, 342.
INTERPRETATION: If any man should presume to enter
into an incestuous union with the daughter of his brother

or of his sister, he shall know that he will undergo the
peril of capital punishment.
2.2 Emperors Constantius and Constans Augustuses and
Julian Caesar to Volusianus, Praetorian Prefect.
Although the ancients believed it lawful for a man to
marry his brother's wife after the marriage of his brother
had been dissolved, and lawful also for a man, after the
death or divorce of his wife, to contract a marriage with a
sister of the said wife, all men shall abstain from such
marriages, and they shall not suppose that legitimate children may be begotten from such a union. For it is established that children so born are spurious.
Given3 on the day before the kalends of May at Rome in the year
of the consulship of Arbitio and Lollianus.-April 30, 355.
INTERPRETATION: License is absolutely denied a man
to marry a woman who has been his brother's wife or for

the same man to have two sisters to wife, for the children
born of such a union are not considered legitimate.
Arcadius and Honorius Augustuses to
The decrees shall remain undisturbed with regard to
those persons who have been either absolved or punished in
any manner under the law5 formerly issued. But hereafter,
if any person should defile himself by an incestuous marriage with his own first cousin, the daughter of his sister or
brother, or finally with any man's wife whose marriage 6
to him has been forbidden and condemned, he shall indeed
3.4 Emperors
be exempt from the punishment designated by the law,'

that is, the punishment of fire and proscription, and he
shall have the right to hold his own property as long as
he lives. But he shall not be considered as having a wife,
or as having children born from her. I. Absolutely nothing
shall be given by him during his lifetime or left by him at
his death to the aforesaid wife, even through an interposed person. 2. If perchance any dowry has been formally given, specified, or promised, it shall accrue to the
resources of Our fisc in accordance with the ancient law.

3. He shall leave nothing by his testament to extraneous
persons, but whether he dies testate or intestate, he shall
be succeeded, according to the statutes and the law, by
those persons, if there be any, who are born of statutory
and legal marriage; that is, in the case of descendants, by
a son, daughter, grandson, granddaughter, great grandson,

great granddaughter; in the case of ascendants, by a father,
mother, grandfather, grandmother; in the case of collaterals, by a brother, sister, paternal uncle or paternal aunt.
4. Indeed, he shall have the power to make a testament
only to the extent that he may leave what he wishes, subject to the provisions of the law and statutes, to those
persons alone whom We order to succeed by the terms of
the imperial statute; provided, however, that if any of
those persons whom We have mentioned should be proved
to have participated in contracting the incestuous marriage
2 Brev. 3, 12, I. Should be: Emperor Constantius Augustus. For
Volusianus, see II, 30, 26; II, 34, 2; II, 36, 12; CJ 6, 22, 6.
3 Received, G.; posted, M.

4 Brev. 3, 12, 2; CJ 5, 5, 6.
5 Not extant.
6 Or: with the daughter of his sister or finally with the daughter
or wife of his brother whose marriage. Cf. 3, 10, I; 3, 12: 2, 4.
E74 1
Dowries
and to have entered into the plan, he shall be absolutely
barred from the inheritance of the deceased, and into his
place shall succeed that person who is found to rank next
after him in the order of kinship. 5. Certainly these provisions which We have made concerning men shall be observed also by women who pollute themselves by marriage
with the aforesaid persons. 6. But if none of the aforementioned persons should survive, a place shall be open to
the fisc. 7 7. We order to be subject to the restraints and
conditions of this law any person who perchance previously,
that is, before the promulgation of this law, has been contaminated by the illicit crimes of the aforesaid marriages
and has been able in any manner to avoid detection.
Given on the seventh day before the ides of December at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-December
7 (6), 396.8
INTERPRETATION: After the provisions of the former

law5 which was issued about such persons, the Emperor
commands that the following rules shall be observed,
namely, that if any person should unite to himself in a
criminal marriage a sister's or a brother's daughter, a
cousin of the third degree," or even a cousin of more remote degree, or the wife"o of his brother, such person shall
be exempt from the penalty of the law,5 that is, severe
punishment and proscription, but he shall be subjected to
the punishment that he shall be separated from such a
union and that if there are any children, they shall not
be considered his heirs. But both parties" shall be branded
with infamy, with the provision that, by special grant of
imperial favor, they shall appear only to have possession
of their own property; but they shall presume to enter into
no contract. They shall be deprived of the right to make
gifts and to execute testaments. But such a husband shall
bestow nothing upon the woman herself whom he has thus
married, and if the husband and wife have exchanged gifts
at the time of the marriage, such gifts shall be confiscated
to the fisc. Even if they should have children, none of their
property shall pass to such children through a supposititious
person or any other person or by fictitious gift, but at their
death their property shall pass by intestate succession to
those lawful heirs who are admitted to the inheritance according to their rank in the line of succession,' 2 up to a
certain degree of kinship. They are permitted the right to
make a testament for the benefit of those persons only for
whom they are allowed by law to make testaments, so that
from these persons they may designate as heirs those persons whom they choose; provided, however, that if any of
these persons are shown to have given their approval to
such a union, they shall be excluded from the inheritance,
and they shall make place1 3 for others who come in the
next degree. Indeed, if there should be a lack of such near
kinsmen that the law calls to the succession, then the fisc
shall take possession of their property.

Aurelianus, Praetorian Prefect for the second time.
A man shall be considered as though he had committed
7 That is, the right to receive the inheritance shall be available to
the fisc, if the properly qualified heirs are lacking.
8 The date is doubtful, since Caesarius was prefect until July 13,
397, and was succeeded by Eutychianus on September 4, 397.
9 A first cousin. Cf. 3, 1o,
1.
10 The former wife.
11 Both parties to the union.
12
facio, give way to?
14
13 locum
gradus.
Brev. 3,
12,
3.
3-13-2
incest, if after the death of a former wife he should presume to select her sister for his marriage. A woman, also,
shall be held to an equal and similar accountability if after
the death of her husband she should presume to aspire to
a marriage with his own brother. It will undoubtedly follow that the children of such a cohabitation 5 will not be
considered legitimate, they shall not be in the power"' of
their father, and they shall not receive the paternal inheritance as family heirs.17
Given on the seventeenth day before the kalends of January at
Constantinople in the year of the tenth consulship of Our Lord Honorius Augustus and the sixth consulship of Our Lord Theodosius
Augustus.-December (May) 16, 415.
INTERPRETATION: If any woman should marry the husband" of her sister after the death of the latter, or if any
man should be united by a subsequent marriage to his deceased wife's sister, such persons shall know that they are
infamous as the result of such a union. The children born
of this union are excluded from the succession and shall
not be reckoned as children.19
TITLE 13: DOWRIES' (DE DOTIBUS)

1.2 Emperors Constantius and Constans Augustuses to
Philippus, Praetorian Prefect.

An action on morals' cannot be extended beyond the person accused, and it shall not be granted against an heir nor
assigned to an heir.
Given on the twelfth day before the kalends of October in the
year of the consulship of Limenius and Catullinus.-September
20, 349.4
INTERPRETATION: If a husband should accuse his wife

with respect to her morals, that is, of sorcery, adultery or
other similar crimes, and if his wife should then die, her
heirs cannot be accused because a crime dies with its
author. Also if a husband who has accused his wife should
die, the wife cannot be accused by the heir of the husband.
Emperor Julian Augustus to Mamertinus, Praetorian

Prefect.
In the restoration of dowries, it is Our pleasure that
rights of retention created by law and by pacts shown to
be consistent with the law shall also be preserved unbroken and inviolate by the authority of this sanction.
2.'
of the fourth consulship of Julian Augustus and the consulship of
Sallustius.-February 26, 363.
INTERPRETATION: This law prescribes that pacts between
a husband and wife, which were made relative to a dowry
and which are consistent with the law, shall be valid, just
as all other pacts. But since this statute evidently does not
set forth the provisions concerning retentions from a
dowry, such provisions must be sought in the body of the
law, that is, in the Sentences of Paulus under the title,
15 contubernium, the regular word for a union that was not legally
recognized as marriage, such as a union of slaves.
16 in sacris.
17 sui heredes, necessary heirs, under the power of the testator at

the time of his death.
18 The former husband.
19 inter filios, legitimate children.
1 Brev. 3, 13; CJ 5, 12.

2 Brev. 3, 13,
I.
3 de moribus, on grounds of immorality. A husband was allowed
to retain part or all of the dowry of a divorced wife whom he had
convicted of gross immorality. Cf. 3, 16, 2; 9, 20, 1.
48, 13,2.
Brev. 3,13, 2.
C75 ]
Dowries
3-3-2
Dowries,6 or at any rate in the Responses of Paulus under

the title, A Wife's Property.'
TITLE 14: MARRIAGES WITH FOREIGNERS'

(DE NUPTIIS GENTILIUM)

Marinianus, Praetorian Prefect.
(After other matters.) If while a marriage subsists it
should chance that the husband should be destroyed by the
lot of fate, the dowry which is said to have been given or
promised out of his wife's property shall revert to the
woman, and the heir of the deceased shall not dare to
vindicate for himself any of the property which has reverted to the woman as the result of her husband's death.
I. If perchance, while the marriage subsists, the dowry
has been returned to a wife by her husband, a transaction
which cannot stand according to the laws, because it is
understood to be analogous to a gift,9 and if the wife
should die, the dowry, together with the fruits thereof
from the day that the dowry was returned to her, shall be
restored to the husband by her heirs; but the ownership
of the same cannot be alienated by the husband away from
the children born of the aforesaid woman. (Etc.)
Emperors Valentinian and Valens Augustuses to

Theodosius, Master of the Horse.
No provincial, of whatever rank or class he may be, shall
marry a barbarian wife, nor shall a provincial woman be
united with any foreigner. But if there should be any alliances between provincials and foreigners through such
marriages and if anything should be disclosed as suspect
or criminal among them, it shall be expiated by capital
punishment.
3.8

in the year of the thirteenth consulship of Honorius Augustus and
the tenth consulship of Theodosius Augustus.-November 3, 422-1o
INTERPRETATION: If perchance a husband should die and
his wife should survive him, the woman shall recover for
her own ownership any property which had been given to
her husband as a dowry, and the heirs of the deceased husband shall not presume to vindicate it. Indeed, if the husband, while he was living, had perhaps returned that property which he had received from his wife as dowry, since
such a return is like a gift, this act shall have no validity.,
If the woman should die, such property cannot be vindicated by her heirs, but it is ordered that, together with its
fruits, it shall be restored to her husband; provided, however, that if there should be children, they shall not vindicate this property for themselves as though a part of their
mother's estate during the lifetime of their father, and the
father shall have nothing therefrom except the usufruct,
nor shall he have the unrestricted right to transfer such
property to another person; but after his death all of it
shall revert to their common children.
4.11

(After other matters.) We decree that any sort of words
whatever shall suffice for the exaction of a dowry, if its
delivery has once been agreed upon, even though a formal
statement or stipulation with reference to the promise of
the property of the dowry did not follow. (Etc.)
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Felix and Taurus.-February 21, 428.12
INTERPRETATION: A dowry, that is, whatever is given
by 3 a woman to her husband at the time of marriage, is

ordered to be valid with respect to its fulfillment or its
exaction, even though a stipulation of the promiser and the
legally prescribed words should be lacking.
1.2
Given on the fifth day before the kalends of January in the year
of the consulship of Valentinian and Valens Augustuses.-December 28, 370 or 373; May 28, 368.8
INTERPRETATION: No Roman
shall presume to have a

barbarian wife of any nation whatever, nor shall any Roman woman be united in marriage with a barbarian. But
if they should do this, they shall know that they are subject
to capital punishment.
TITLE 15: SURETIES OF DOWRIES'
FIDEJUSSORIBUS DOTIUM)
(DE
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Martinianus, Count of the Orient.
Henceforth We absolve all sponsors or sureties from
their promises in guaranteeing any solemn agreement' for
a dowry.
Given on the third day before the ides of November at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-November II (1o), 392.
INTERPRETATION: If any person should become surety
of a woman for the payment of a dowry, he shall not be
held liable for such guaranty.
TITLE 16: NOTICES OF DIVORCE' (DE REPUDIIS)

I.2 Emperor Constantine Augustus to Ablavius,3 Praetorian
Prefect.
It is Our pleasure that no woman, on account of her
own depraved desires, shall be permitted to send a notice
of divorce to her husband on trumped up grounds,4 as, for
instance, that he is a drunkard or a gambler or a philanderer, nor indeed shall a husband be permitted to divorce
his wife on every sort of pretext. But when a woman sends
a notice of divorce, the following criminal charges only
shall be investigated, that is, if she should prove that her
husband is a homicide, a sorcerer, or a destroyer of tombs,
so that the wife may thus earn commendation and at
length recover her entire dowry. For if she should send a
notice of divorce to her husband on grounds other than
these three criminal charges, she must leave everything,
even to her last hairpin, in her husband's home, and as
1 Brev. 3, 14.
2 Brev. 3, 14, 1.
* Since Theodosius became Master of the Horse in 369, M. as-
signs this constitution to 370; Amm. Marcell. 28, 3, 9.

6 Paulus, Sententiae.
7 Paulus, Responsa. Res Uxoria,a wife's property, a wife's dowry.

8 Brev. 3, 13, 3; CJ 5, 18, II; 5, 19, I; 5, 9, 4.
9 Gifts between husbands and wives were forbidden.

10
3, 5,
12.
1 Brev. 3, 13, 4; CJ 5, II, 6.

12 2, 3,
13 On
1, n. 4.
behalf of.
1 Brev. 3, 15; CJ 5, 20.
Brev. 3, 15,
I.
3 sponsio.
I Repudium, notice of divorce, divorce; Brev. 3, 16; CJ 5, 17.

Brev.
3, I6,
I;
Burg. Rom.
21,
2-3; Burg. Germ. 34, 3-4; Edict
Theod. 54.
3 Often appears as Ablabius, the Greek form.

4 exquisita causa.
E 76J
Notices of Divorce
punishment for her supreme self confidence, she shall be
deported to an island. In the case of a man also, if he
should send a notice of divorce, inquiry shall be made as
to the following three criminal charges, namely, if he
wishes to divorce her as an adulteress, a sorceress, or a
procuress. For if he should cast off a wife who is innocent
of these crimes, he must restore her entire dowry, and he
shall not marry another woman. But if he should do this,
his former wife shall be given the right to enter and seize
his home by force and to transfer to herself the entire
dowry of his later wife in recompense for the outrage inflicted upon her.
Given ... in the year of the consulship of Bassus and Ablavius.8
-33'.
INTERPRETATION: The right to send notice of divorce is

extended to a wife or husband for certain approved reasons and causes; for they are forbidden to dissolve a
marriage for a trivial charge. If perchance a woman should
say that her husband is either a drunkard or given to
licentiousness, she shall not send him notice of divorce
on that account. But if perchance she should prove that
he is either a homicide, a sorcerer, or a violator of tombs,
the husband who is convicted of these crimes appears to
be justly divorced, without any fault of the woman; and
she may recover her dowry and depart. If the woman
should not be able to prove such crimes, she shall be subjected to the following punishment: namely, that she
shall forfeit both the dowry which she had given or
which had been given on her behalf and the gift 5 which
she received, and she shall also be liable to exile by relegation. But if a man should cast off his wife, he also is
not permitted to divorce her for a trivial quarrel, as often
happens, unless perhaps he should be able to prove that she
is guilty of certain crimes, that is, if he is able to prove that
she is an adulteress, a sorceress, or a procuress. But if
he cannot prove this, he shall restore her dowry to the
woman, and he shall not presume to take another wife.
But if perchance he should attempt to do so, the woman
who was cast off, though innocent, shall have the right to
vindicate for herself her husband's home and all his substance. It is recognized that this is ordained in order that
if a woman should be unjustly divorced, she is ordered to
acquire the dowry of the second wife also.
Emperors Honorius, Theodosius, and Constantius

Augustuses to Palladius, Praetorian Prefect.
If a woman should serve notice of divorce upon her
husband and separate from him and if she should prove
no grounds for divorce, the gifts shall be annulled7 which
she had received when betrothed. She shall also be deprived of her dowry, and she shall be sentenced to the
punishment of deportation. We deny her not only the
right to a union with a subsequent husband, but even the
right of postliminium. But if a woman who has revolted
against her marriage should prove merely flaws of character and ordinary faults, she shall lose her dowry and
restore to her husband all gifts, and never at all shall she
be associated in marriage with any man. In order that
she may not defile her widowhood" with wanton debauch2.6
5The betrothal and antenuptial gifts.

6 Brev. 3, 16, 2; CJ 9, 9, 34.
7 aboleo.
viduitas, used loosely for the unmarried state.
3-16-2
ery, We grant to the repudiated husband the right to bring
an accusation."
I. It remains to say that if a woman who withdraws"o
should prove serious grounds and a conscience involved in
great crimes, she shall obtain possession of her dowry and
shall also retain the betrothal bounty, and she shall regain
the right to marry after a period of five years from the
day of the divorce. For then it will appear that she has
done this from loathing of her own husband rather than
from a desire for another husband."'
Certainly if the husband should be the first to
2(I).
give notice of divorce and if he should charge his wife
with a grave crime, he shall prosecute the accused woman
in accordance with the law, and when he has obtained his
revenge, he shall both get possession of her dowry9 and
recover his bounty5 to her, and he shall acquire the unrestricted right to marry another woman immediately. 3.
If it is a fault of character and not of criminality, the
husband shall recover his gifts but relinquish the dowry,
and he shall have the right to marry another woman after
a period of two years. 4. But if the husband should wish
to dissolve the marriage because of a mere disagreement
and should charge the repudiated woman with no vices or
sins, he shall lose both his gifts and the dowry and be
compelled to live in perpetual celibacy; he shall suffer
punishment for his insolent divorce in the sadness of solitude; and the woman shall be granted the right to marry
after the termination of a year. Moreover, We order to
be preserved the guarantees of the ancient law12 in regard
to the retentions from dowries, on account of children.
Given on the sixth day before the ides of March at Ravenna in
the year of the consulship of Eustathius and Agricola.-March
10, 421.
INTERPRETATION:
If a woman should be the first to

upon her husband and should not
notice
of
divorce
serve a
grounds
for divorce, she shall forfeit
the
statutory
prove
bounty,
and
she
shall not recover that which
the betrothal
In addition, she shall also
as
dowry.
husband
her
she gave
be sent into exile by relegation, and she shall not have the
right to marry or to return to her own.' 3 Indeed, if she
should prove slight faults in her husband, for which she
appears to seek a divorce, she shall forfeit her dowry and
shall restore the betrothal gifts, and she shall not have the
right to marry another man. If, however, after divorcing
her husband, she should become involved in adultery, her
husband shall have the right to prosecute her even after
the divorce. But if a woman who has separated from her
husband should prove that he is guilty of grave and definite crimes, she shall both recover her dowry and vindicate
that which her husband bestowed upon her as a bethrothal
bounty, and she shall have the unrestricted right of marriage after five years.
Indeed, if the husband should be the first to serve notice of divorce, he shall secure his revenge on grounds approved by law, he shall vindicate the dowry of his repudiated wife, shall recover his betrothal gifts, and shall
have the right to marry another woman immediately if
he wishes. If indeed there were no definite crimes, but, as
often happens, the husband is displeased with the frivolity
9 On grounds of immorality, 3, 13, 1, n. 3.
10 From her marriage.
11 The husband of another woman?
12
Ulpian 6, 6 ff.
13
ad propria reverti: she shall not have the right of postliminium.
E77 ]
Notices
3*16*2
of his wife's character, he shall recover his gifts and shall
restore to her immediately anything which he has received
from her, and after a period of two years he shall have the
right to marry another wife. But if no defect of character
should be proved but merely mental discord, the innocent
woman who is rejected by her husband shall both vindicate the gifts made to her by the man and shall recover
her dowry. But he shall remain alone forever and shall
not presume to associate himself in marriage with another
woman. The woman, however, is permitted to proceed to
another marriage after a year if she should so wish. But
for the sake of their common children, if there should be
any, the Emperor orders those rules to be observed which
have been established in the law concerning retentions according to the number of children, which law Paulus sets
forth in his Book of Responses under the title, A Wife's
4
Property.1
TITLE 17: THE CREATION OF TUTORS AND
CURATORS' (DE TUTORIBUS ET CURATORIBUS CREANDIS)
1.2 Emperor Constantine Augustus and the Caesar' to
Bassus, Prefect of the City.
It is Our pleasure that in all litigation, no person who
has attained the age of puberty' shall have legal capacity'
unless by the interposition of a decree a curator has been
appointed for him, either for the purpose of administering
his patrimony or for the purpose of the lawsuit, so that,
in accordance with the preceding statutes7 of Our Providence, when a suit has been legally instituted, the controversy may be tried in the courts and settled.
Given on the fourth day before the ides of Octobers at Aquileia in

the year of the fifth consulship of Constantine Augustus and the
consulship of Licinius Caesar.-October 2, 319; 318.
If an action is brought as though

against a pupil,' although he should appear to be an adult,"o
such person cannot take part in the lawsuit" unless perchance his age should be confirmed by attestation 12 of the
municipal council, or at any rate a curator should be provided who may defend the patrimony or lawsuit's of the
ward.
INTERPRETATION:
The same Augustus and Caesar to the People.

A consanguineous paternal uncle shall not refuse the
statutory guardianship over a woman.
of Divorce
of ten men selected from the membership of the Most
August Senate, together with the Most Noble praetor who
presides over suits involving guardianship, shall provide
that suitable persons, of any rank whatever, shall be obligated to act as tutors or curators.
I. Certainly, those who judge this matter shall decide
with free judgment and without liability. If one nominee
should not be adequate for administering the pupil's property, it shall be proper, according to the ancient law,16 that
several shall be called to this duty and that the person
whom the aforesaid group adjudges the most competent
for administering the pupil's affairs shall obtain such administration by the decision of the prefect alone. 2. Hence
in this manner, those present at the council shall remain
free of fear, and from this deliberation of prudent men,
legalized protection shall be provided for both young
children and adults.
3(1). However, it is evident that We have decreed the
preceding regulation concerning those persons for whom

there are available neither testamentary nor statutory
guardians of a suitable mode of life, age, and property.
For when, perchance, such men are offered, We rightly
prescribe that they can be held obligated if they should
acquire no grounds of defense through their privileges.
4(2). Moreover, We decree that all other provisions that
have been prescribed by the ancient laws concerning the
cases of minors shall remain inviolate.
Given on the sixth day before the kalends of January at Milan

in the year of the consulship of Timasius and Promotus.-December 27, 389.
INTERPRETATION:
2.14
Given on the day before the kalends of January in the year of

the seventh consulship of the Augustus Himself and the consulship
of the Caesar.-December31, 3 6.
gustuses to Proculus, Prefect of the City.

The Illustrious prefect of the City, with the assistance
14Res Uxoria, the dowry. Paulus, Responsa.
1 Brev. 3, 17.
2 Brev. 3, 17, I; CJ 5, 34, 1I.
8 Constantius.
puber, an adult, a male over fourteen or a female over twelve
and under twenty-five years of age.
5 justa persona, a juristic personality.
6 To defend his interests in the litigation.
7 2, 4, 1.
s Maximus was Prefect of the City after September I, 319. Cf.
4
9, 10, 39 Under
4.18
The same Augustuses to Tatianus, Praetorian Prefect.
If mothers who have lost their husbands should demand

tutelage over their children to administer their affairs, before confirmation of such an office can legally come to
them, they shall state in the public records"8 that they will
not proceed to another marriage. I. Certainly, no woman
is forced to make such a choice, but she shall comply of
her own free will with the conditions which We have
prescribed. For if she prefers to choose another marriage,
she must not administer the guardianship of her children.
2. In order that such a woman may not easily be taken
by storm"9 after she has lawfully undertaken the guardianship, We order that, first of all, the property of any man
who eagerly seeks the marriage of a woman who is administering a guardianship shall be obligated and held liable for the accounts of the children, so that nothing may
the age of puberty.
10 Under twenty-five years of age, but over the age of puberty;

n. 4.
11 ad
As often as the problem arises con-
cerning the guardianship of pupils, the chief decurions of

the municipality, along with the judge, must select either
a tutor or a curator, according to the age of the minor, so
that a person who undertakes a tutelage as the result of
such a selection can be secure.' 7 However, this manner of
selection shall be observed in connection with those persons
whose appointment has not been directed by testament and
who have not been assigned to this office through close
kinship. Concerning the other interests of minors, indeed,
the Emperor commands that the provisions of former laws
shall be observed.
litem venire.
12 That is, the venia aetatis should be conferred by an act of the

municipal council.
13 negotium, lawsuit, business affairs.
14 Brev. 3, 17, 2.
CJ 5, 33, 1.
16 D 26, 7.
17 In the validity of his rights as guardian.
1 2, 4, 2, n. 13; Brev. 3, 17, 4; CJ 5, 35, 2; Burg. Rom. 36, I.
19 facilis irruptio; by a suitor who might have designs on the
property of her children. Or: lest a breach of the conditions may be
easy for them (Otto-Schilling-Sintenis, CJ 5, 35, 2).
1s Brev. 3, 17, 3;
[ 78 1
The Administration of Tutors and Curators

be lost to them through negligence or through fraud. 3.
To the aforesaid provisions We add the following: that a
woman who has attained her majority shall have the right
to petition for a guardianship when a statutory tutor is
lacking or when such a person is excused from serving as
tutor by reason of his privilege, or when he is excluded as
being of the class of suspect, or when he is found to be
incapable of managing even his own property because of
mental or physical infirmity. 4. But if women should avoid
the guardianship and should prefer marriage, and no statutory tutor can be called to such20 cases, then only the
Illustrious prefect of the City, with the assistance of the
praetor2 1 who presides over the appointment of tutors or
the judges 22 who administer the law in the provinces, shall,
after investigation, order guardians of another order to be
appointed for minors.
Given on the twelfth day before the kalends of February at Milan
in the year of the fourth consulship of Valentinian Augustus and
the consulship of Neoterius.-January 21, 390.
INTERPRETATION: If women whose husbands
are dead
should themselves wish to undertake the guardianship of

their children, before they may assume this responsibility,
they shall formally declare in the public records that they
will not marry. However, this declaration must not be
extorted from them, but if they prefer, they shall so state
of their own free will. For if they desire to proceed to
subsequent marriages, they cannot administer the guardianship of their children. When men request the mothers of
young children to marry them, they too shall know that if
a woman has begun to administer the tutelage of her
children, and later marries, the man whom she takes as
her consort in marriage shall know that his property will
be obligated, and he himself will be responsible for rendering an account to the minors.2 3
There is the further provision that a woman is forbidden to undertake a guardianship unless she has attained
her majority. As to those persons, indeed, who come to a
guardianship by statute, if any one of them should appear
either to be mistaken as to his resources or to be worthless
in character, he cannot be admitted to the guardianship, lest
the property of the minors should be lost. But those persons shall undertake the guardianship who are characterized by integrity of mind and who are definitely connected
by a near degree of kinship. For if the aforesaid persons
should be lacking and the mother should be unwilling to
undertake the guardianship, then, as has been previously
provided, tutors shall be assigned to minors by the selection
of the judges22 or of the provincials. 24
TITLE 18: THOSE PERSONS WHO SHALL PETITION' (QUI PETANT)
1.2 Emperors Constantius Augustus and Julian Caesar
to Our Very Dear Orfitus, Greetings.
Grandfathers also8 and grandmothers shall be held obli-
pares causas, equal or similar cases?

A survival of the original power of the praetor, 3, 17, 3;
6, 4, 16.
22 The governors of the provinces, the judges ordinary.
23 Of the guardianship.
24 The municipal councils.
20
21
1 Brev.
3, 18; C. 5, 31.
Brev. 3, I8, I. Orfitus was Prefect of the City.
3 This is evidently part of a longer constitution, much of which
was omitted by the Codification Commission of Theodosius.
2
3-30-2
of
appointment
gated to the necessity of requesting the
tutors if both testamentary and statutory guardianship
should be lacking for their grandchildren of pupillary age.
For if perchance a tutor should not be requested, in accordance with the provisions of the ancient laws,' those
persons to whom the inheritance could have come shall
forfeit the benefit of the succession.
Given on the ides of July in the year of the ninth consulship of
Constantius Augustus and the second consulship of Julian Caesar.
July 15, 357.
INTERPRETATION: If there should be no paternal grand-
father, the Emperor orders that even the maternal grandfather and the paternal and maternal grandmothers shall
be bound by the command of the law to request tutors for
young children, provided that testamentary or statutory
tutors are proved to be lacking. But if they should scorn
to provide tutors for their young grandchildren, the Emperor orders that they shall be subjected to the following
penalty, namely, that if perchance the "mournful"' inheritance should accrue from the estates of minors for
whom they have either not sought or not wished to provide tutors, they shall be considered as extraneous persons.
2.6
..
TITLE 30': THE ADMINISTRATION AND LIABILITY OF TUTORS AND CURATORS2 (DE
ADMINISTRATIONE ET PERICULO TUTORUM ET CURATORUM)
1.3 Emperor Constantine Augustus.

Minors shall not be prohibited from vindicating for
themselves the property of their tutors or curators, as
though it were obligated under title of a pledge, if such
tutors or curators should become indebted to them on
account of the duties of their administration.
Given on the seventh day before the kalends of April at Trier in
the year of the consulship of Volusianus and Annianus.-March
26, 314.
INTERPRETATION: If
any tutor or curator should be
proved to be a debtor to minors through negligence of his

administration, he shall know that his own property is so
obligated that if he should not render satisfaction, after
his account has been deducted,4 his goods shall be held as
a pledge by the minors.
2.6 The same Augustus to Maximus, Prefect of the City.
(After other matters.) The guardians of minors shall
make good the value of the property lost,6 if through them
the conditions attached to gifts should be neglected. (Etc.)
Given on the third day before the nones of February at Rome
in the year of the consulship of Sabinus and Rufinus.-(January
30) February 3, 316; 323; 320.7
4 D 26, 6.
5 luctuosa hereditas, an inheritance coming to a parent at the

death of a child, perhaps so called because it afforded some solace
to the parent in his grief.

6 A constitution has been lost. Cf. Nov. Th. ii and the Inter-
pretation to that Novel.

I Titles 19-29 have been lost.
2 Brev. 3, 19; CJ 5, 37-38.
3 Brev. 3, 19, I; CJ 5, 37, 20.
4 An account of his own expenses incurred for the benefit of the
minor during the course of his guardianship.
6
Brev. 3, 19, 2; CJ 5, 37, 21; Vat. Fr. 249.
To the minors by reason of the negligence of the guardians.
7 Maximus was Prefect of the City 319-323. Cf. 8,
E79 1
12,
1.
The Administration of Tutors and Curators
3-30*2
INTERPRETATION: If in the case of gifts which can be

made to minors, the formality or condition of a gift should
not be fulfilled through the tutor's negligence or collusion,
he shall be compelled to pay out of his own property that
which the minor has lost.
. . . or curator shall be solicitous to make repeated inspections in order to see that the aforesaid articles are
unharmed. As to superfluous animals of minors also, We
do not forbid that they be sold.
Given on the ides of March at Sirmium in the year of the seventh
consulship of Constantine Augustus and the consulship of Constantius Caesar.-MarchIS, 326; 329.9
4. The same Augustus to all Provincials.

(After other matters.) If guardians of minors, that is,
tutors or curators, as co-owners of property that is being
sued for in litigation should decline to declare,10 as the law
requires, but contrary to the prohibition," they should
name the aforesaid minors, the guardians shall pay to the
fisc out of their own resources as much money as is computed to be a third of the estimated value of the property
involved in the litigation, since minors, whether pupils or
adults, must lose nothing, no matter what the outcome of
the suit. However, if the guardians should be paupers,
they shall suffer diminution of status and shall cease to be
Roman citizens, but in such a way that the rights of the
minors themselves shall be preserved unimpaired. (Etc.)
Given on the kalends of August2 in the year of the consulship
of Bassus and Ablavius.-August 1, 331.
5.1 The same Augustus to Felix.
Since landholdings held by emphyteutic tenure are being torn from the possessions of minors as the result of
default involving forfeiture14 which occurred through neglect or betrayal by tutors or curators, it is Our pleasure
that if during the administration of a tutor or curator, the
landed estates of a minor should lose the prerogative of
emphyteutic tenure through an offense involving forfeiture, they shall restore to the minor from their own resources, under the threat of a severe sentence, as much as
it shall be determined that the property forfeited was
worth.
Given on the fourteenth day before the kalends of May at Constantinople in the year of the consulship of Dalmatius and Zenophilus.-April z8, 333.
INTERPRETATION: If perchance it should occur that, subject to any kind of payment whatever, minors should hold
by emphyteutic tenure a landed estate, that is, property of
the fisc which their parents had obtained the right to hold,
and if this estate should be diminished or certainly if it
should be taken away from them through the negligence
8 The first part of this constitution is supplied by M. from CJ 5,

5, 72, 4.
16. I.
10 edere, to issue a declaration to the opposing party? to make a
full declaration of the case? to institute suit? Cf. 2, 4.
1Reading contra vetitum. M. conjectures contra verum, contrary to truth.
12 Posted on the kalends of September? Cf. II, 30, 16-17; II, 34,
37,
22;
or betrayal of the tutor, whatever may be lost shall be

restored by the tutor or curator.
The very moment that they are instituted, tutors shall
immediately appear before the judges, 16 so that, in the
presence of the chief decurions, the defender, and public
office staffs,17 an inventory shall be made with due formality, and all the gold and silver found in the pupil's substance, as well as anything else that does not suffer change
with the lapse of time, shall be marked with the seals of
the judges, senators"' and public office staffs,"7 and placed
in safest custody by the authorization of a public order.
There shall be no expectation of interest, nor shall any
change be made in any event whatever, until the ward,
having become an adult, attains legal age, when he does
not so much begin to have time for lawsuits as to rejoice
that he has been restored so soon to his whole patrimony.
I. Since a moderate fortune, too, must be considered,
if perchance movables alone, and no immovables, are left
to a person as an inheritance, and no income from landed
estates can be reckoned upon, out of which the pupil's
household1 9 or the pupil himself can be supported, either
suitable estates"o shall be purchased with the aforesaid movables, or if perchance, as usually happens, suitable estates
cannot be found, in accordance with the general rule of the
ancient law, an income shall accrue from interest. Thus in
this case also, in which there is no hope for income from
landed estates, the needs of the minor shall be provided
from the income of his movable property; and in the
former case 2' interest shall by no means be sought without
the risk of the tutor.
Given on the sixth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-February 25,
396(?).22
INTERPRETATION: As soon as any person enters upon a

guardianship, he shall immediately summon the chief
decurions of the municipality and the defender, together
with his office staff, while he takes an inventory and makes
a written record of the property of the pupil which he has
received. If there should be any money or silver or things
which cannot perish with age, he shall deposit them after
they have been marked with the seals of the aforesaid
officials, and in no event shall such property be diminished.
The aforesaid persons shall know that while the pupil is
in his minority, this property shall not be entrusted to
him for the purpose of lawsuits or for any other reasons,
but it shall be preserved in all its entirety until his mature
age. In all other matters there shall be profitable diligence.
If the resources of a minor are of less value, so that he has
no patrimony, 28 and his substance is found to consist of
movables only, the tutors shall know that they will be permitted to undertake to sell the movables and to purchase
9 2,
i; I, 16, 6; 2, 26, 3.
13 Brev. 3, 19, 3; CJ 5, 37, 23.
14 Land held by emphyteutic tenure was subject to annual payments of rental. Defaults in such payments resulted in forfeiture of
the possession of such estates. See Glossary, s.v. emphyteusis.
1s Brev. 3, 19, 4; CJ 5, 37, 24.

cognitores, the trial judges, the governors of the provinces.
17 The office staffs of the public officials of the district.
18 The municipal senators?
19 familia.
20 Throughout Roman history, land was considered the best investment.
21 If suitable estates can be purchased for the minor.
22 Eutychianus, to whom this constitution was addressed, did not
become Praetorian Prefect until 397. See 3, 12, 3, and n. 8.
2 In landed property, n. 20.
18
80 3
Alienation of Landed Estates of Minors

fields, so that they may provide for the minors in this
respect. But if there is no substance of such value that a
landed estate can be purchased with it, the tutors are
ordered to use diligence in collecting the money and to acquire profit for the pupil from the earnings of interest or
from any other sources. If perchance the substance of the
minor should be very small, then the property shall be
kept intact, and means of subsistence shall be furnished to
the pupil. If this is done, the pupil shall not seek interest
from the tutor. 24

TITLE 31: EXEMPTION FROM TUTELAGE'
(DE EXCUSATIONE TUTELAE)
Flavianus, Prefect of the City.
(After other matters.) We grant to the shipmasters
themselves exemption from tutelage or curatorship to this
extent, namely, that they shall be obligated to perform
such duties for minors of their own guild only.
1.2
Given on the third day before the nones of March at Milan in

the year of the consulship of Stilicho and Aurelianus.-March 5,
400.
TITLE 32: THE LANDED ESTATES OF MINORS SHALL NOT BE ALIENATED WITHOUT A DECREE' (DE PRAEDIIS MINORUM
SINE DECRETO NON ALIENANDIS)
i. Emperor Constantine Augustus to Severus.2
A minor who is less than twenty-five years of age' shall

be able to vindicate a landed estate or a rustic slave which
24 Note the discrepancy between the Interpretation and the constitution on this point.
3-32.2
was alienated without the issuance of a decree, even though

he has not applied for restoration to his original condition;'
provided that if, following upon the publication of this
law, so little time before the end of the twenty-fifth year
should remain that a lawsuit already begun cannot be
terminated within the limits of the aforesaid year, the
lawsuit that is begun can be continued. i. Those persons
also whom this same law has found past their twenty-fifth
and within their twenty-sixth year shall not delay to commence their petitions, since the time limits for a lawsuit
thus begun shall be concluded at the twenty-sixth year.
2. But if any persons should attempt to sue after this time,
they shall be rejected, so that the possessor shall now be
certain and secure. 5
Given on the fifteenth day before the kalends of January at Sofia
(Serdica) in the year of the consulship of Probianus and Julianus.
-December 18, 322; 3256
2.7 Emperors . . .
Even if any minor should be found obligated, either in

the name of his father or in his own name, on account of
urgent fiscal debts only or as a consequence of private
contracts, the interposition of a decree shall be granted by
the Constantinian Praetor" after the reasons have been
exactly proved, so that after the reliability of the facts has
been revealed, a sale may remain valid.9 Since these things
are so,' 0 tutors also who are suspect must be sued in the
court of the said praetor; an action' also must be granted,
provided, of course, that the laws shall be observed and
that recourse may be had finally to Your Experience, if,
while the trial is being conducted before either of the two
praetors, the aid of an appeal should be interposed by one
of the parties, so that you as the sublime judge may weigh
the merits of the appeal.
Given. . . -December 31, 326(f).
1 CJ 5, 62. The guardianship of minors was a compulsory public

service, without remuneration. It could not be evaded except by
some legally recognized excuse.
2 CJ 5, 62, 24.
SCJ 5, 71.
2 Prefect of the City, Kr.; probably Praetorian Prefect, M.
3 Apparently an adult, that is, a minor between the age of puberty

and twenty-five years. Cf. 3, 17, n. 4.
16.
5 In his possession.
if issued to Severus while he was Prefect of the City, M.
CJ 5, 71, 18; 7, 62, 17.
4 2,
67 322,
8 6, 4, 5; 6, 4, 13; 6, 4, 25.
9 Minors were not permitted to sell property without a decree
which could be granted for various reasons, such as urgent debts.
10 The Ciceronian phrase.
"1A cross action, to the tutors?
C 8i 1
BOOK IV
U...................................................................M...
.................
TITLE 1: CRETION AND THE POSSESSION

OF GOODS' (DE CRETIONE VEL BONORUM
POSSESSIONE)
I.' Emperors Theodosius and Valentinian Augustuses to
the Senate.
(After other matters.) We shall not allow fathers to be
legally inferior' to mothers in any particular. For since a
mother obtains as a solace the goods of a deceased child,
even though it should be an infant, We do not see why a
father should suffer the snares of grievous legal technicalities with respect to the age of such child. Since in the case
of statutory succession, neither the mother nor even successors farther removed are compelled to observe either the
requirements of a petition for the possession of the goods'
or the formalities of cretion, because the requirements of the
statute are satisfied by any indication whatsoever that the
heir has entered upon or intends to enter upon the inheritance, how much more should fathers be freed from such
constraints ?
I. Therefore by this oration4 We sanction that without
any question the father shall succeed to the inheritance of
a child even though the child should be an infant and even
though at death such infant should be of any age whatever,
whether the father of such a child, on the death of the
child's mother, has observed the formalities of entering
upon the inheritance or of filing the petition for the possession of the goods' or has neglected these formalities.
Given on the seventh day before the ides of November at Ravenna
in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.
-November 7, 426.5
INTERPRETATION: According to the ancient law, cretion
and the possession of the goods' were formerly obtained by

petition from the praetors. It is not necessary to explain
this procedure, since both formalities have been abolished
by statute. Therefore an infant child, even though unable
to speak, yet takes the inheritance due to him, and on the
death of such infant child, his father or nearest kinsman
succeeds to his inheritance, according to the law.
TITLE 2: "ON WHAT GROUNDS CHILDREN
.).Y. ("UNDE LIBERI . . .")
1.2 Emperors Arcadius and Honorius Augustuses
to
Aurelianus, Praetorian Prefect.

1 Brev. 4, I; CJ 6, 9-13. Bonorum possessio regularly means
judicial grant to an heir of the possession of the goods of an
heritance or of the estate of a deceased person.
3 minor.
2 Brev. 4, I, 1.
4 Many laws were issued in the form of speeches or orations
livered by the Emperor before some organization, and especially
fore the Senate.
5 5,
i,
the
indebe-
8; 8, 13, 16; 8, 18, 9-lo; 8, 19, I; I, 4, 3.
1 Brev. 4, 2; CJ 6, 14. The opening words of one part of the

praetor's edict, as issued during the time of the Roman Republic
were "Unde liberi . . . On what grounds children . . ." This part
of the edict gradually became known as "Unde liberi" from its

opening words. Cf. 2, 31, n. I.
2 Brev. 4, 2, 1.
If a daughter should receive a dowry from her father

and should thus be united in marriage, and if her father
should die intestate and she should wish to enter upon the
inheritance along with her brothers, she shall be required
to bring such dowry into a common fund3 with the estate
of her father, and thus she may become a co-heir with her
brothers in sharing the inheritance.
Given on the day before the nones of October at Constantinople
in the year of the fourth consulship of Arcadius Augustus and the
third consulship of Honorius Augustus.-October 6, 396; 402.4
INTERPRETATION: If a daughter has been dowered by her
father at the time of her marriage and her father afterward
dies intestate, and if she should wish to participate as an
equal along with her brothers in the remainder of her
father's estate, such dowry or whatever she received at the
time of her marriage shall be brought by her into a common fund3 with the paternal inheritance, to be divided with
her brothers. But if she should be unwilling to do this, she
shall be content with the portion that she received as
her share.
TITLE 3: THE CARBONIAN EDICT' (DE CARBONIANO EDICTO)


The benefit of the Carbonian Edict3 is granted at the request of legally qualified persons4 when the marriage is undoubted, the birth of the child is guarded,' and the statutory right to the succession is proved, so that, of course,
the new heir, established in possession of the inheritance
until the years of puberty, may without molestation enjoy
what at times may prove to be the property of others.
Given on the fourth day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-September 28, 393.6
INTERPRETATION: If any man at his death should leave
his lawfully wedded wife pregnant, the law ordains that the
wife shall be guarded by the near kinsmen until she arrives
at the time of the birth. If she should bear a child within
the statutory time limit, the child that is born shall succeed
to his portion of the inheritance of his father, and until the
fifteenth year of his age he shall possess the estate left by
his father, without any person having the right to recover
the inheritance, and later the child may defend or prosecute
his own suits through a curator.
3
Corresponding to hotchpot of the English common law.
4 There is a mistake in the date, since the Prefecture of Aurelianus began in 399. Cf. 5, 1, 5.
' Brev. 4, 3; CJ 6, 17.
Brev. 4, 3, I; CJ 6, 17, 2.
3 D 37, lo; an edict issued by the Praetor Carbo, to protect the
interests of an unborn child, the presumptive heir.
4 Personae legitinae.
5 To guard against the introduction of a supposititious child.
6 2, 12, 5; 4, 8, 9; II, 30, 52.
2
82
Testaments and Codicils

TITLE 4: TESTAMENTS AND CODICILS' (DE
TESTAMENTIS ET CODICILLIS)
Emperor Constantine Augustus to Constantius, Praetorian Prefect.
In the case of codicils not preceded by a testament, just
as in the case of wills in testamentary form, the presence'
of seven or of five witnesses4 must not be lacking, for thus
it will come about that the provisions of testators for succession will be preserved without any trickery. Therefore,
if ever the required number of witnesses should be lacking,
the codicillary instrument shall be held invalid. It is Our
pleasure that this rule shall be observed in all other kinds of
wills also.
1.2
Given on the eleventh day before the kalends of January in the

year of the seventh consulship of Constantine Augustus and the consulship of Constans Caesar.-December22, 326?
If any person should not make a testament, but in place of a testament he should make a codicil
in which is contained a lawful institution of an heir, he
shall also have this codicil confirmed by the same number
of witnesses, that is, by the subscription of seven or of
five.4 If there should be less than five witnesses, the codicil
cannot be valid, as is also true in the case of all other wills;
for according to the preceding law,' if a testament has been
duly executed and thereafter a codicil should be made in
which the testator has wished to name as heir another person rather than the one whom he had instituted in the
testament, the institution of the heir in this codicil shall
not be valid.
INTERPRETATION:
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Proculus, Prefect of the City.
We do not admit as valid anything that is left to Us or to
Our near kinsmen by means of codicils or letters; let that
well-known usage be confirmed among private citizens.7
I. Indeed, in this situation, We grant permission that inquiry concerning any letter that is produced may be made
in a civil or criminal proceeding, as the plaintiff may elect.
The burden of proof shall rest first of all on the party who
produces the writing. 2. But in so far as pertains to Us and
to Ours, We so completely reject codicils and letters that
even though a series of judicial investigations' should
prove their authenticity, if it should be established that in
them anything has been left to Us and to Ours, in accordance with the humanity of Our judgment We ordain
that such property shall belong to the children of the deceased, or if there should be no children, it shall belong to
the next of kin. 3 (1). We shall rightfully accept any
lawfully written testament or any nuncupation which perchance has come to Our name,' and in this respect We acknowledge that Our righto does not differ from that of
heirs who are private persons.7
2.6
I Brev. 4, 4; CJ 6, 23; 6, 36.

2 Brev. 4, 4, I; Edict Theod. 28.
3 interventus, appearance, interposition, assurance, guarantee.
4 Five according to the older civil law, seven according to the
modifications introduced by the praetor and known as the praetorian
law, or the honorary law.
5 Not extant, but cf. CJ 6, 36, 7.
6 Brev. 4, 4, 2; CJ 9, 22, 24; Symmachus, Epist. 2, 13.
7 privati, meaning any persons except members of the imperial
family.
8 quaestionum series.
9 Designating Us as beneficiaries under the will.
10 jus, law. The Emperor acknowledges that he also is subject to
the same law as are his subjects.
4.4.3
Given at Milan on the tenth day before the kalends of February

in the year of the consulship of Timasius and Promotus.-January
23, 389.
INTERPRETATION: If any person should suppose that at
his death anything should be left through a codicil or a

letter to the Emperor or to the near kinsmen or retainers"
of the Emperor, out of his respect for piety the Emperor
commands that this bequest shall not be valid. But if anything should be left to private citizens7 in such a way and
a suit should perhaps arise as to such documents, it shall
depend on the investigation of the judge as to whether
such writing, when produced in court, can stand in law.
But if anything should be left by testament or nuncupation
to the Emperor or to his near kinsmen, He permits this
bequest to be valid for him by law.
3.12 Emperors Arcadius and Honorius Augustuses to Aeter-
nalis, Proconsul of Asia.

A testament must not be held invalid because the decedent called it by various names" since "superfluous matters
shall not be prejudicial."1 4 For the omission of necessary
requirements, not excessive caution, either vitiates a contract or obstructs the will of a testator. I. We do not allow
that the validity of a will duly executed must be destroyed
if the author of the will in the first part of it should mention in advance a greater or lesser number of witnesses or
no number at all, provided that five witnesses, with full
knowledge of their act, should subscribe their names to the
testament, even though the contents of the testament had
not been recounted to them, and provided that the person
who drew up his last will proffered the testament to them
to be signed.
2. We are not hereby promulgating new law," but following the sanction"' of the sainted Constantine and the
opinion6 of Our Serenity's father, of renowned memory,
and Our own decrees 6 which have been propagated from

antiquity"5 with regard to cases of this kind, We ordain
that those persons who execute their last wills shall observe
the following requirements, namely, that they shall see the
subscribers to the will who shall be present, and the subscribers shall not be ignorant of the reason why they have
come, even though they are not informed of the contents of
the document. 3. If the subscribers should obtath anything
by the bounty of the decedent, by subscribing as witnesses
they shall not render the testament invalid, since it is indisputable that this opinion has been approved by the authority of Scaevola,. 7 a most learned jurisconsult.
Given on the twelfth day before the kalends of April in the year
of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-March 21, 396; 402.18
INTERPRETATION: If, when the decedent writes or dic-
tates the document of his testament, he should perhaps omit

to place the designation, either of the civil law, that is, that
11 amici.
12
Brev. 4, 4, 3; CJ 6, 23, 17.
13 diversa nomina, various, diverse, different, inconsistent, incorrect names.
A well-known maxim of Roman law. Cf. Paulus, Sentent. 3, 4, 10.

15 Ordinarily the Roman Emperors preferred to appeal to the past
as a justification for their legislation.
16 Not extant, but cf. CJ 6,
21, 15.
17 In an opinion that is not extant. Apparently Quintus Cervidius
Scaevola is meant. He flourished in the second half of the first century A.D. He was an influential adviser of Marcus Aurelius, Commodus, and Septimius Severus.
14
I The fifth consulship of Arcadius and Honorius (402),

Regesten 27, 25, 7. Cf. I, 12, 5; II, 39, 12.
[ 83 1
Seeck,
Testaments and Codicils
4.4.3
it must be confirmed by the subscription of five witnesses,

or of the praetorian law, that is, that it must be confirmed
by the subscription of seven witnesses, and thence if the
testator in the first part of the document should say that he
had summoned either a greater or lesser number of witnesses, if as many as five witnesses should sign the testament, even though they do not read it, the will is permitted
to be valid. For just as a smaller number of witnesses vitiates a will, so any excess shall not impair the force of the
testament, because the statute also has established that
superfluous matters shall not be prejudicial to a right." The
requirement also shall be observed that the testator shall
proffer the testament to the witnesses for them to sign, nor
shall the testament be held invalid if the testator should
leave anything under the title of a legacy to anyone of the
subscribing witnesses.
The same Augustuses to Africanus, Prefect of the
City. 20
4.19
The testaments of all persons and all other documents

which are customarily published in the office of tax assessment 2' shall be opened there, and a transfer to any other
place shall not be permitted. For ancient custom shall be
most faithfully retained,' 5 and if any person in this City 20
should wish to change it, he will bring it about that the
wills of the dead shall appear to be invalidated.
Given on the sixth day before the kalends of October at Constantinople in the year of the consulship of Caesarius and Atticus.
-September 26, 397.
INTERPRETATION:
It is the Emperor's pleasure that all

testaments and other written documents in the City of
Rome 22 shall be made public in the office of tax assessment, 23 that is, that in other regions, testaments and other
written documents that are customarily confirmed by registration in the public records before the decurions, shall be
confirmed by registration in the public records. But if the
wills of the deceased should not be opened for the public
records,24 they shall not be valid.
Emperors Honorius and Theodosius Augustuses: An
Edict to the People of the City of Constantinople and to
all Provincials.
It is Our will that the wills"6 of decedents that are
legally and formally executed in writing shall not be invalidated when it is affirmed that a last, unwritten will 2 7 Of
the decedent was issued, as if such decedent had preferred
that his patrimony should belong to Us. I. For We forbid
all persons, either private citizens 28 or those in the imperial
service, to give testimony of this kind, and We command,
when wills of decedents exist that are legally and formally
executed in writing, that all persons who dishonestly contrive to bring forward anything unwritten under the mention of Our name shall be held guilty of the crime of
forgery.29 2. Let no person, therefore, whether appointed as
heir or called to the inheritance by law, fear either Our
5.25
19
20
Brev. 4, 4, 4; CJ 6, 23, I8.

The City at this time may be either Rome or Constantinople.
21
ofiCiUM censuale.
22
23
24
The Interpreter thought only of Rome as the City in his world.

apud censuales, for registration after being opened.
acta. The translation is conjectural.
Brev. 4, 4, 5; CJ 6, 23, 20.
25
26
28
voluntates.
Given on the seventh day before the ides of March at Constantinople in the year of the seventh consulship of Theodosius Augustus and the consulship of Palladius.-March9 (I3), 416.
INTERPRETATION: It is the Emperor's pleasure that the
wills of deceased persons shall be held valid in the following

manner, namely, that when a decedent did not complete the
execution of his testament, no person can use, as though it
were completed, that which remained incomplete. Nor does
the clemency of the Emperor admit the following sort of
testimony, if anyone perchance should say: "I heard that
the decedent willed that that property should be allotted in
such a way to the Emperor or even to those persons who
are joined to His power or to that of any powerful person."3o and the Emperor does not allow such an oral statement to be admitted. Just as He has ordained that legally
executed written instruments shall be valid with reference
to His own person or with reference to any other powerso
or with reference to private citizens, 28 so it is His will that
an imperfect written instrument, when produced in court
under such testimony, shall be completely invalid.
6.81 The same Augustuses to Palladius, Praetorian Prefect.
After the day of death of testators, no approval shall be
granted to their testaments that have been written ten years
before, and such a writing, antiquated by time, shall be
rated as having no validity whatever, especially since if the
same wish should persist, it would be a matter of very slight
delay to renew the ancient will at a recent date. I. For
scarcely can it take place that during such a period of
time, which We have shortened on account of Our love for
trustworthiness, death should conspire to rob the witnesses
of all mutual knowledge of the circumstances, and in reality
it is impious to say that the drawing up of a plan long before death is a last will.
Given on the tenth day before the kalends of July at Ravenna in
the year of the twelfth consulship of Our Lord Honorius Augustus
and the eighth consulship of Our Lord Theodosius Augustus-June
22,
418.
INTERPRETATION: If any person should survive ten years
after the execution of his testament and should not change

his will, that which was made ten years before shall become
and remain void.
7.12 Emperor Theodosius Augustus to Asclepiodotus, Prae-
torian Prefect.
If any person should desire to institute an action on an
inheritance under a testament composed in any manner,
either in writing or without writing, and if he should also
wish to aspire to the prosecution of a claim to a trust, 3 by
arbitrium.
privati, contrasted with the members of the imperial service,
so 3
, n. 24.
a1 Brev. 4, 4,
19, 7; Brev. 4,4, 7 CJ 6, 36, 8; 6, 13, 2.

a fideicommissun.
322,
the militantes.
29
name or that of powerful persons.30 No one shall dare to

bear witness in this manner or to accept oral statements of
this kind for registration in the public records in Our name
or even in that of powerful personsso in private station.
3. That wi1l27 shall remain valid which is commended by
a genuine and formal written instrument; that will shall be
excluded that is alleged contrary to the written instrument
or to the intent of the decedent, with the design of bestowing the inheritance on Our Eternity through testimony that
is unwritten and falsely fabricated. No person shall rob
written documents of their proper force and bestow validity on unwritten declarations, under the pretext of Our
name or that of powerful persons."o
falsum, falsification, fraud, forgery.
[ 84 J
6.
Property in Litigation
no means shall he be permitted to do so. I. For so far are
We from allowing any opportunity to any person to pass to
other causes of action" according to his own desire, that
We even sanction that if a testator in making his testament
should include in it the statement that it shall be valid also
as a codicil, the person who claims the inheritance shall
have the right at the beginning of the suit to elect which of
the two he wishes,35 and he shall know that by his election
of the one he is precluded from access to the other. Thus if
he should request the possession of the goods" pursuant
to a written will, a nuncupation, or any other similar will,
or at any rate if, in accordance with the edict of the sainted
Hadrian, 7 he should petition to be put in possession according to custom, he must immediately declare his proposed method of procedure,38 in the very beginning of such
claim. 2. For thus if any person should recognize as valid
the will of the deceased, he is prohibited from instituting
an action on the ground of inofficiosity, and if a patron
should elect gifts and services from his freedman,39 he is
repelled from possession of the goods" contrary to the
freedman's written testament. Thus if a woman by the provisions of the edict entitled "Either of the Two . . ."4o
should declare her choice, unless she is protected by the
privilege of her age, 4 1 she shall be forced to provide a
guarantee in advance even by giving security, lest through
repentance she should be able to pass over to the other
choice.
3 (1). With equal reason it must be observed also that
if a testator had decided to make his testament but was
unable to complete it, he shall appear to have died intestate,
nor shall it be permitted to change the interpretation of his
last wishes to that of a trust left by codicil, 42 unless the
testator has included a provision that the writing shall also
have the force of a codicil. Of course, the same right of
election shall be maintained, so that if any person should
elect to institute an action under the document as a testament, he shall not be able to pass over to a trust. 4 (2). But
if any ascendant or descendant of either sex who is bound
by the ties of agnation4 3 within the fourth degree or by
the bond of cognation4 4 within the third degree should be
appointed as heir in either a written or a nuncupative will,
which the testator wished also to be valid as a codicil, and
if such appointed heir should institute action for the inheritance, according to the decedent's wish, under the document as a testament, but should perchance be defeated, or
if, indeed, he should so wish of his own free will, he shall
be permitted to take refuge in a claim for a trust. For to
lose what is justly due does not appear to be one and the
same kind of thing as to fail to reap a profit.
5. In every kind of testament, moreover, whether ex3 migrare, to shift the grounds of his claim.
35 Whether he wishes to claim under the one or the other.
-9
37
4,
I,
n.
i.
J 6, 33; CTh II, 36, 26; Nov. Valent. 21.

38 propositum intentionis.
s9 When owners manumitted their slaves, they could require them
as freedmen to present specified gifts or services during the lifetime of such freedmen, or they could elect to claim certain rights to
the inheritances of such freedmen.
40 "De Alterutro
.'^ , the opening words of the edict. See 4,
2, n.
41
Given on the sixteenth day before the kalends of March at Constantinople in the year of the consulship of the Most Noble Victor.
-February 15, 424.
INTERPRETATION:
If any person should execute a testament in writing, and if afterward without writing, that is,
through nuncupation, he should suppose that his will should
be repeated, or if by a codicil which is a trust"" he should
entrust to his heir the power to succeed under whatever
disposition of the testator he wishes, then, at the very beginning of his entering upon the inheritance, said heir
shall not fail to publish his choice, whether he elects to
vindicate the inheritance for himself under the terms of
the written testament or of the nuncupation, or of the trust.
But if he should be defeated in his first choice, he shall not
be allowed to change to another, because when his petition
for the one is granted, he shall know that he will be debarred from the other forms, because one claim openly and
evidently excludes the others. (The last part of this law is
not considered as written, and it is not expounded, because
it is abrogated by one of the Novels.) 4 9
TITLE 5: PROPERTY INVOLVED IN LITIGATION' (DE LITIGIOSIS)
Emperor Constantine Augustus to the Provincials.
(After other matters.) During the pendency of a suit,
that which has been called into controversy must not in
any way be transferred to any person, either to any person closely connected or to an extraneous person, either
by gift, purchase, or by any other contract whatsoever, but
the suit must nevertheless be prosecuted to its conclusion
as if nothing of the kind had been done.
I. If a case of tutorship should be tried after the examination by the judge, as a supplement to his judgment, arbitrators shall be given, who shall be considered at that
point in the proceeding not as arbitrators but as enforcement officers.3 (Etc.)
1.2

Bassus and Ablavius.-August I, 331.4
INTERPRETATION: When an action is instituted for the
recovery of anything, the object in litigation cannot be
transferred by the person in possession to a third party
by means of any contract, and it is not permitted that any
written instrument be drawn up with regard to such object,
4
The modifications made in the common law of Rome by the
praetors in the time of the Republic and the early Empire. See n. 4.
46 The common traditional law of Rome.
47Not extant.
48
A codicil that establishes a trust.
Nov. Val. 21.
As a minor.
42fideicommissum velut ex codicillis.
Kinship through males only.

44Kinship through either males or females.
43
ecuted according to the praetorian law 5 or the civil law,"4

or whether codicils are written or an unwritten last will is
brought forward, it is Our will that the following requirements shall be observed, namely, that such a will shall reach
its full completion on the same day as that on which any
part of it was begun, and no part of it may be postponed
till the following day. No will shall have any validity unless
either seven or five persons4 respectively, especially called
or present by chance, can bear witness to the will according
to law; and of course after this sanction those divine imperial constitutions47 which were satisfied with the number
of three witnesses shall be annulled.
I.
4-51
4
1 Brev. 4, 5;
CJ 8, 36.
Brev. 4, 5, I; CJ 8, 36, 2; Burg. Rom. 35, 4.

8 executores.
4 I, 16, 6, n. 29.
2
E 5
4-5-1
Property
Lf
unless first the suit which is being tried should be settled

through a judgment.,
TITLE 6: NATURAL CHILDREN AND THEIR
MOTHERS' (DE NATURALIBUS FILIIS ET
MATRIBUS EORUM)
1.2
Emperor Constantine Augustus ...
2.3 The same Augustus ...
. . . has made,4 or if he has acquired any property in their

name, his lawful offspring shall recover all of it. But if he
should not have either legitimate children or a consanguineous brother or sister or a father, the whole of such property shall be vindicated to the account of the fisc.
Therefore all his substance shall be taken also from the
son of Licinianus, who through a most sacred imperial
rescript ascended to the summit of dignity; and in accordance with this law, said property shall be adjudged to the
fisc. The son of Licinianus himself shall be scourged, bound
with fetters, and reduced to his original birth status. 6
Read on the third day before the kalends of May at Carthage7
in the year of the consulship of Nepotianus and Facundus.-April
29, 336.
3.8 The same Augustus to Gregorius.

It is Our pleasure that Senators or persons of the rank
of Most Perfect or those adorned with the honors of the
duumvirate or the quinquennalitate in the municipalities
or with the honor of flamen or of the civil priesthood of a
province shall suffer the brand of infamy and shall become
foreigners in the eyes of the Roman law, if by their own
judgment9 or by the prerogative of Our rescript they
should wish to consider as legitimate the children born to
them of a slave woman, a daughter of a slave woman, a
freedwoman, a daughter of a freedwoman, whether made
a Roman or a Latin, a woman of the stage, a daughter of
a woman of the stage, a mistress of a tavern, a daughter of
a tavern keeper, a low and degraded woman, the daughter
of a procurer or of a gladiator or a woman who has charge
of wares for sale to the public. Thus if a father should give
anything to such children, whether he calls them legitimate
or natural, all such property shall be taken from them and
restored to his legitimate offspring, or to his brother or
sister or father or mother.
I. Also if any property of any kind should be given in
any way to such a wife or bestowed upon her pursuant to
a purchase, We command that such property also shall be
taken from her and returned. We also order that if anything
that is to be restored to those persons to whom We have so
ordered or to Our fisc should be sought'- or should be
5 Pronounced by the court.
' Brev. 4, 6; CJ 5, 27; Burg. Rom. 37, 4; Glossary, s.v. children,
natural.
2 This constitution has been lost.
3 The opening words of this constitution have been lost.
4 (Their father) has made (a will or conveyance).
5 Constantine seems to have been especially vindictive toward
Licinius, his former rival for the imperial power. Licinius is here
called Licinianus, in derision.
6 origo, usually denotes low and ignoble status, here the slave
status of his mother.
74, 6, 3.
8 CJ
5, 27, I; Nov. Marc. 4.

9 judicium, judgment, will.
Gregorius was Praetorian Prefect.
10 quaeritur, is sought.
Litigation
said to have been entrusted to such women by whose
venomous charms the minds of these ruined men are infected, these women shall be subjected to examination
under torture. 2. Whether, therefore, the gift is made by
the person himself who is called the father or through
another or through a suborned person, or whether the
property is bought by such a father or by another or in
the name of the mother and children themselves, it shall
be immediately taken away and restored to those persons
to whom We have so ordered, or if there are no such persons, such property shall be vindicated to the account of
the fisc.
3. But if there should be such persons and they should
be living" but unwilling to bring suit, because they are
prevented by a pact or by an oath, the fisc shall immediately
confiscate the entire estate. 4. If such persons should remain silent and should dissimulate, they have a time limit
of two months in which to exclude the claim of the fisc.
If within this time they have not recovered such property
or if they have not applied to the governor 1 2 of the province for that purpose, Our fisc shall confiscate the property
which by an impure liberality was given to such children or
wives and shall seek out by means of a severe examination

under torture and the threat of a fourfold penalty everything that was given or entrusted to them.
5. Moreover, the son of Licinianus,5 who escaped but has
been apprehended, shall be bound in fetters and consigned
to service in the imperial weaving establishment in Carthage."
Read on the twelfth day before the kalends of August at Carthage
in the year of the consulship of Nepotianus and Facundus.-July
21, 336.
4.14 Emperors Valentinian, Valens, and Gratian Augustuses

to Ampelius, Prefect of the City.
It is Our pleasure that all the other provisions of the

laws'" of Constantine with respect to natural children shall
remain in effect, and only a part of the constitution shall be
tempered, so that if a decedent should leave as heir or
heirs children from a lawful marriage, or grandchildren
that are to be regarded as taking the place of children, and
a father or a mother also, and if from his cohabitation with
a woman of any kind he should have begotten natural children, he shall have the right to give and leave only one
twelfth of his estate and of the inheritance to the natural
children or the woman. I. But if any man should die and
if no one of those persons whom We have specified above
should survive and from the woman to whom he had joined
himself the decedent should leave a natural child or several
natural children, he may transmit by a written instrument,
if he wishes, up to three twelfths only of his estate, either
to the woman or to the natural children, by whatever right
he may choose.
Given on the seventeenth day before the kalends of September at
Conz in the year of the second consulship of Gratian Augustus and
the consulship of Probus.-August i6, 371.
INTERPRETATION: This law establishes the regulations
that must be observed with respect to natural children,
namely, that if any man should have sons or daughters by
a legal marriage or grandsons from sons, or a father or

11 in praesentia rerum constituti.
13 4, 6, 2.
14 Brev. 4, 6, I; Libanius, De Vita Sua, I, p. 97 (Reiske)
; Just.
Nov. 89, 12.
15 4, 6, 2-3; 4, 4, n. 15.
[ 86
Manumission in the Churches

mother surviving and if he should beget natural children
from any woman whatsoever, provided she is born free or
made free, he shall know that not more than one twelfth
of his estate may be bestowed upon the natural children.
If all of the aforementioned persons should be lacking, then
the father, whoever he may be, shall know that he can
bestow three twelfths only of his estate, and no more, upon
the natural children or upon the woman from whom they
were born.
5. Emperors Arcadius and Honorius Augustuses to
Petronius, Vicar of Spain.
Instructed by the laws' of Constantine and by the
ordinances of Our father," We command that natural
children shall be excluded, and all property shall be transferred to the fisc in so far as it becomes caducous as a
consequence of their legal status,17 ... and not any of the
property that is available to the legitimate children is denied
to them by the importunity of the law.
Given on the fourth day before the kalends of May at Milan in
the year of the consulship of Caesarius and Atticus.-April 28, 397.
6.1" The same Augustuses and Theodosius Augustus to

Anthemius, Praetorian Prefect.
We grant to fathers at their own choice the right to bestow by their gift or by their last will up to three twelfths
of their estates upon their natural children whom they have
begotten under any form of cohabitation and upon the
mothers of these children, provided that such fathers lack
legitimate offspring and have neither legitimate children
nor grandchildren from a son, nor a mother. I. But if the
deceased father should be survived by his mother or by the
other persons who are of his legitimate offspring, that is,
one or more legitimate children or grandchildren from
sons, such father of natural children shall have the right
to give or bequeath to them and to their mother one twelfth
only of his own estate.
Given on the ides of November at Constantinople in the year of
the second consulship of Stilicho and the consulship of Anthemius.
-November 13, 405.
7." Emperors Theodosius and Valentinian Augustuses to

Bassus, Praetorian Prefect.
We sanction that the name of natural children shall be
placed upon those who have been begotten and brought into
this world as the result of a lawful union without an honorable performance of the marriage ceremony. But it is
established that children born from the womb of a slave
woman are slaves, according to the law. Although it is not
possible to do violence to nature and to take from them the
name of natural children, nevertheless in hereditary. . '20
Of course, if natural children have been born from a slave
woman and have not been manumitted by their master,
they are reckoned among the slaves belonging to his inheritance. But, indeed, if natural children should be born of
a freeborn woman or from a freedwoman 21 or certainly
from the daughter of a freed person, 2 2 it shall not be allowed to give more than one eighth of the estate to the
mother along with the natural children, with this provision, that the nuptial gift shall not come into the reckon16 Theodosius I.
17 persona.
1s CJ 5, 27, 2; Nov. Just. 89, 12.

1 4, 10, 3; Burg. Rom. 37, 3-4; Nov. Theod. 22, I, 3 and its Interpretation.
20 A lacuna.
21 liberta.
22 libertina.
4*7'1
ing of the inheritance, but from that additional part of the
estate, beyond the nuptial gift, the eighth shall be assigned
to the natural children as legally due to them. If anything
more than the part specified above should be left to the
natural children, either by gift or testament or through any
suborned person, it shall be recovered by the lawful heir,
in accordance with the law....
426-427.

(After other matters.) Natural children and their
mothers shall not be permitted, according to the decision
of the fathers, 24 indiscriminately and without the suitable
distinctions established by law, to participate in inheritances
and in other methods whereby the ownership of movable
and immovable property is confirmed. However, such
children shall not be oppressed by the harshness of the
law25 that was recently issued, since it shall be sufficient
that natural children, pursuant to the provisions of the
former constitution," whether there are legitimate children
or not, should obtain only that which has been decreed for
them with just moderation by the aforesaid law, if it has
been bestowed upon them by the decision of their father.
All the other provisions of the new constitution25 shall remain in effect in so far as they have been decreed with
reference to freedwomen and daughters of freed persons
who are mothers of natural children.
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Taurus and Felix.-February 21, 428.2
INTERPRETATION: This law needs no interpretation since
it was inserted 28 only because it is later than all the others

and because it confirms a former law that had been annulled by a later one.
TITLE 7:' MANUMISSION IN THE CHURCHES 2
(DE MANUMISSIONE IN ECCLESIA)
I.' Emperor Constantine Augustus 4 to Bishop Hosius.

If any person with pious intention should grant deserved
freedom to his favorite slaves in the bosom of the Church,
he shall appear to give it with the same legal force as that
with which Roman citizenship formerly was customarily
bestowed under observance of the usual formalities. But it
is Our pleasure that such right to manumit in the churches
shall be allowed only to those persons who give freedom
under the eyes of the bishops. I. To clerics, moreover, We
further grant that when they bestow freedom on their own
household slaves, not only shall they be said to have given
the complete enjoyment of such freedom when they have
granted it in sight of the Church5 and the religious congregation, but also when they have conferred freedom in a
23 Brev. 4, 6, 2.
24 parentum arbitrium, may refer to a will.
25 4, 6, 7, issued in 426, two years previously.

27
26 4,6,4.
2, 3, I, n. 4.
28 In the Visigothic Code, the Breviarium, to which the Interpretations are attached.
1 Title 8 in Kr., who inserts Title 7, De vindicta libertate et apud

consilium manumissione.
2 Brev. 4, 7; CJ i, 3; Sozom. Hist. Eccl. I, 9; Burg.
Rom. 3, 1.
I Brev. 4, 7, I; CJ I, 13, 2; Burg. Rom. 3, 1.
4 At least one constitution of this title has been lost, I, 1, 2, n. 9.
5Apparently the clerics.
E 87 1
Manumission
4-7-1
last will or ordered it to be given by any words, so that the
slaves shall receive their freedom directly on the day of the
publication of the will, without the necessity of any witness or intermediary of the law. 6
Given on the fourteenth day before the kalends of May in the year
of the second consulship of Crispus and Constantine Caesars.-April
18,
321.
INTERPRETATION:
If any person should wish to manumit

in the sacrosanct Church, it is required only that he should
be willing to manumit his slaves in the presence of the
priests,7 and he shall know that on their receipt of freedom,
those who are manumitted become Roman citizens. But if
clerics should wish to bestow freedom on their own slaves,
even though they should manumit the slaves out of the
sight of the priests,7 or orally, without any written instrument, those thus manumitted shall attain a full and complete freedom, namely, that of Roman citizens.
TITLE 8: CASES INVOLVING FREEDOM' (DE
LIBERALI CAUSA)
42 The same Augustus to Maximus, Prefect of the City.
. . . an opportunity shall be given in the trial of them
all. i. Some persons have interpreted this as follows: they
affirm that when all parties have been involved in the suit
and the claims 3 for freedom have been set forth and answered and the trial is almost ended, if to any person who
is involved in the suit' a child should be born, the statutory
time limitations are renewed as though by the accession of
the absence of a person who was necessary and expected.
2. But, since it is one thing to be absent and another not
yet to be born, it is Our pleasure that if any persons are
so born, they shall have the status and legal rights of the
mothers who had just given them birth, and the statutory
time limits of the suit shall not be renewed for the reason
that some child was born. 3. However, all children that are
born before the institution of the suit must be summoned
to the trial in their own names, since only those that are
born during the pendency of the action must share the
entire fate of their mothers and either be delivered to
their lawful masters or else enjoy freedom with the authors
of their life, since such children can have no defense distinctly their own or one that is truer than that of their
mothers.
Given on the day before the ides of June at Sirmium in the year
of the consulship of Probianusand Julianus.-June 12, 322.

If any persons who are enjoying their freedom and who
are in possession of it should unexpectedly be brought to a
trial involving the risk of the loss of their freeborn status
and if by chance such persons should lack a sponsor for
making a formal claim of freeborn status, they shall be
6interpres.
sacerdotes.
1 Brev. 4, 8; CJ 7, 16; Burg. Rom. 44, 3. Kr., Title 9.

2 CJ 7, 16, 42. The first three constitutions and the first part of
the fourth have been lost. The constitutions of this title deal with
cases of persons in a status of slavery for whom the claim is made
that they are legally entitled to freedom. Since slaves could not
legally make any claim in court, such claims were filed for them
and their cases conducted by assertores, sponsors, who were free
men.
3 assertiones.
4 Whose status as to freedom or slavery is in question.

5 Brev. 4, 8, I; Burg. Rom. 44, I; 44, 3.
in the Churches
granted the right to be conducted around bearing a written
notice indicating that they seek a sponsor,6 in order that the
grounds of a person's claim may not remain unknown
through silence or should be proclaimed in an absurd manner. Thus those persons who learn of the situation may be
willing to undertake the duty of sponsorship, or if they
hesitate, they may even be compelled to do so, lest, if a
sponsor 6 should be lacking, the accused persons may be
bound and led away by their masters, even though many
persons may know that the accused persons are free. 7 I.
Therefore We sanction that if any person should lack a
sponsor 6 and if he should be led through the people of the
province without being recognized 7 and if thus forsaken
he should be delivered to the person who claims that he is
his slave, his claim to freedom shall be postponed but not
destroyed. When a sponsor 6 is found, the accused shall
have the right to regather his forces, to renew his defense,
and to make his resistance in court, depending on the
rights and privileges of a possessor," even though he had
come forth to court from his possessor's house. Ia. For
this is not the kind of possession that extends to the time
that a sponsor" has been obtained, but it is a case of expectation of -obtaining a sponsor 6 that was not found in
time. Thus if the case should be renewed, when the parties
are restored to their rights, and judgment should be rendered in favor of freedom, then for this outrage and his
arrogance the adversary shall be subjected to a penalty of
the same number of slaves as the persons whom he sought
for slavery, but he shall not be condemned for any persons
that were born during the pendency of the suit.
2. But if the person thus accused should die before finding a sponsor 6 or before judgment is pronounced, and his
heirs should prove the justice of his cause regarding his
status, the slave exacted as a penalty from the adversary
shall be delivered to such heirs. If an implacable spirit
should be shown by the heirs of the person who thus violated the freedom of any person, they shall be subject to the
same law and conditions with respect to the penalty in
slaves. But if the heirs should allow those persons to be
free whom they found in bondage, the wrongs perish with
the persons who committed them.
3. The defenders of minors are subject to the same penalty in slaves, and on the demand of wards in a suit brought
for recovery on account of mismanagement of their affairs,
the guardians shall refund to the wards the estimated value
of the penalty. 4. Since the sponsor6 undertakes such a case
at his own risk, just as he promises the satisfaction of the
judgment, so he shall receive security with reference to the
payment of the fine.
5. The domination of the victors robs conquered enemies
of their freedom. The law inflicts a penalty on those guilty
of outrage and renders them infamous; excessively impudent and boastful language hurled forth and poured out
wantonly upon an adversary in a quarrel is forced to incur
a penalty; hence the undermining of the freedom of a
person and the assault upon such freedom shall not go
unpunished, since it is punished also in the case of insults. 9
6. Moreover, it is unlawful to harbor another person's
6 assertor, n. 2.
7 As entitled to freedom.
8A possessor of freedom. Or: on the same rights and privileges

as those of his possessor.
"Reading convic(iis). Or: Since it is punished also in the case
of persons who are convicted: reading convic(tis).
E 88 1
Cases Involving Freedom

slave, and anyone guilty of such an act shall be condemned
for the abduction of the slave of another.
Given on the thirteenth day before the kalends of August at
Sirmium in the year of the consulship of Probianus and Julianus.
-July 20, 322.
If any person should attempt to reduce to slavery anyone who is in a position of freedom, the
law commands that the defendant, by order of the judge,
shall be led through the people and through public places,
in order that he may find a defender of his status, and if
he should find such a sponsor,6 he shall petition the judge
for said sponsor through a written document, lest his
freeborn status should be overwhelmed through silence.
If the accused person should not be able to assist himself
or to find a sponsor,6 he shall be delivered into slavery to
the plaintiff as his master but not to penal torture. But
through this delivery the accused shall not entirely lose
his hope of freedom, and when he secures an opportunity
and finds a sponsor, 6 he shall formally claim the status of
his own freedom and he must be heard by the law. If the
suit should be renewed in this manner and the defendants
should prove that they are freeborn, then the plaintiff by
whom their freeborn status had been unjustly attacked
shall be forced to pay the same number of slaves of the
same age and sex to those persons whom he sought to
reduce to slavery. In the assessment of this penalty those
slaves shall not be counted who are proved to have been
born during the pendency of the suit, if the case should be
protracted. If from the number of those who are claimed
for slavery, some should die while the case is protracted
through the search for a sponsor 6 or for any other cause,
and if the heirs of the deceased should establish in court
the freeborn status of the defendants, the plaintiff shall be
forced to render compensation to the heirs for the person
of the deceased who dies during the pendency of the suit,
just as also compensation must be rendered for those defendants who are alive. But on the death of the plaintiff
who was attempting to secure the adjudgment of free persons to slavery, if he should leave children or heirs, and
if they should wish to prosecute the case begun by their
father or the author of their right and if they should be
defeated, they must be held to the payment of the aforementioned compensation, namely, that they shall recompense those wrongfully sued by the payment of an equal
number of slaves. If the successors of the plaintiff should
not wish to sue and should not attempt to prosecute the
defendants but should even release those placed in custody
by the author of their right, such successors shall be safe
from the condemnation of the penalty, because they did
not persist in the fault of the author of their right. If by
chance the successors of the plaintiff should be minors and
their tutor or curator should wish to prosecute their cases
against the freeborn status of anyone, and if he should be
defeated, the tutor or curator himself must be held liable
for compensation out of his own property. If on second
restoration of the suit the sponsor 6 who has been found
should suppose that the cause of the persons adjudged
should be renewed, it shall be done at his own risk, so that
if he is defeated, he must restore any peculium or value
of services of his clients and certainly the clients themselves. In the same way also the plaintiff shall promise and
shall give security that if he is defeated, he will make good
either the aforesaid number of slaves or their value or
whatever he demanded from them in their peculium.
INTERPRETATION:
4-8-6

So much importance was attached to freedom by our
forebears that fathers, to whom was granted the right of
life and the power of death over their children, were not
allowed to rob them of their freedom.
I. If any person should be sold while a minor and after
attaining his majority should manage a business matter
for his master, since a minor's knowledge of his purchase
does not obligate him," the prescription of his purchase"
and his management of a business matter after attaining
his majority shall not bind him when he attempts to obtain his freedom. 2. If indeed anyone should be reared as
a slave in the possession of another, and if after attaining
his majority he should acquiesce in his sale by his quasi
master, and if after his management of a business matter
for his new master he should now regain his freedom,
almost at an end, since after the attainment of his majority he was ignorant of his birth status, he shall not be
judged as having surrendered that status of which he was
ignorant, by his acquiescence in the sale. Just as in the
case of a minor, he shall not be bound by the aforesaid
prescription of his purchase and his management of a
business matter, but a claim for freedom shall be granted
to all such persons.
3. The same regulations shall be observed in the case
of freedmen who again revert to the same slavery for the
purpose of some gain.18 But the case of freedmen must be
distinguished by the following difference, namely, that the
right to institute a claim for freedom shall not be denied
to those who were manumitted before the age of puberty,
that is, before the age of fourteen years, who thereafter
were retained in slavery and did not avail themselves of the
freedom of which they were ignorant, and who after they
attained their majority were sold and then managed some
buisiness matter, since it is granted that persons of such
age may fail to know or may forget that freedom has been
bestowed upon them. But if any of these persons have attained a reliable memory and are knowingly involved in
a sale"* made thereafter, they shall be deprived of the
benefit of this law.
4. Since on the other hand a remedy must also be employed for those who have entrusted property to the aforesaid persons, if any of them should file a claim for freedom and if such property is in the possession of these persons and is acknowledged to belong to the person who
claims to be their master, the judge shall order that it be
immediately returned and restored, since it is not in dispute. 5. But if the status of the property in suit is doubtful
by reason of a denial of the plaintiff's claims, it shall be
conserved through a bond of the sponsor,6 as is prescribed
by another law,' 4 and the suit shall be deferred, so that if
it is proved that the person has been robbed of his freedom,
he must render an account of his business management,
and all that he owes may be demanded of him. Thus when
the slavery has been annulled, the person who had formerly
occupied the position of master shall have the right to hold
what he gave by the right of master to the supposed slave,
10 Brev. 4, 8, 2; CJ 8, 46, 10; 7, 18, 3.
11 emptio scientiam non obligat, an unusual expression.
While he was a minor, as a minor.

13 As by allowing themselves to be sold and then by claiming
their right to freedom, after sharing their price with the fraudulent
seller.
14 Not extant.
12
[ 89 1
4-8-6
Cases Involving Freedom
together with that which was acquired in the profits and

the fruits thereof and whatever the supposed slave secretly
took and acquired from furtive gain, since that property
cannot be free'- which a master has allocated as peculium
in the possession of a slave. 6. But property acquired by
such supposed slave under a testament or a gift and anything bought or accumulated from the income thereof shall
be assigned to the aforesaid freeborn person.16 7. All the
property in dispute, because it is separated from the aforementioned property, when the trial as to freedom is finished, must be sequestered, so that when it is taken out
of the hands of both parties and placed in a neutral status,"
each party shall have the right thereafter to contest for the
ownership thereof.
Given on the fifteenth day before the kalends of June at Thessalonica in the year of the consulship of Severus and Rufinus.-May
18,
(February 15), 323.

INTERPRETATION:
If any person should be sold as a slave

while a minor and after he had attained his majority in the
twenty-fifth year of his age, he should act as a slave and be
appointed by his purchaser as a manager in his purchaser's
business affairs or as the supervisor of any matter whatsoever, whenever such supposed slave institutes a claim to
freeborn status, he shall be heard without any prejudice
from the slavery that he had served, and no prejudice
against him shall be created by the fact that after the attainment of his majority he appears to have supervised the
household or some other service of his purchaser.
This law also ordains that the following regulations shall
be observed in the case of freedmen, namely, that when any
persons were manumitted under fourteen years of age and
after the attainment of their majority acted as managers of
some business matter of their patrons, this action of slavery's shall not prejudice their freedom, but within the statutory time limits, whenever they wish, they shall have the
right to institute their actions respecting freeborn status
or the status of freedmen. Thus also if any freeborn minor
should be reared by any person whatsoever and the minor
who is ignorant that he is free should be sold by the person
who reared him, and then as a slave he should perform
some business transaction or some service for his purchaser, before he is bound by the prejudice of thirty
years," he shall have the right to make his claim for freedom, and before this time is completed, he shall recover
his lost freedom as though he were still a minor.
The purchaser shall also have the right to retain or recover whatever property he delivered or gave to such persons, together with whatever profit was acquired from the
management of his property. But if anything has been
bestowed by any other persons whatever upon such supposed slave, either by a testament or a gift, when he becomes free he shall vindicate only this for himself; for if,
while in a condition of slavery, a freedman had made any
profit from the property of his owner, now his patron, or
a freeborn person from the property of his purchaser, such
profit shall be surrendered by the freedman to his patron
and by the freeborn person to his purchaser, at the time
when such freedmen and freeborn persons obtain their
freedom.
But if any persons who have attained their majority
should acquiesce in their own sale,13 though they know that

they are either freeborn or freedmen, they shall remain
permanently in the slavery to which they knowingly pass
of their own will.
The same Augustus to Bassus, Praetorian Prefect.
A law21 has been promulgated which by means of prescription protects those persons who have continued in
freedom for sixteen years in good faith, but this law does
not assist those persons that were born of slave mothers
and freeborn fathers, even if such children in this factitious freedom should continue undisturbed for this period
of time with their parents. For in such a case an empty
usurpation of freedom is used as a pretext, since no just
beginning of lawful possession precedes, for it is not possible to prove any redemption from slavery or the delivery
of a substitute slave or the assignment of a peculium, on
which grounds such defendants can obtain their release
from the bonds of slavery if they have possessed any of
these claims and have remained in freedom for sixteen
years. For in accordance with the common law the child
must follow the ignoble status of the mother, so that even
though a slave woman should mount the couch of her
master, she bears slaves, not freeborn children to her
master.
7.20
Given on the day before the kalends of March in the year of the
consulship of Bassus and Ablavius.-February 28, 331.
INTERPRETATION:
the effect that if any person had lived for sixteen years
without any molestation from any suit or claim for his recovery, he should not thereafter be reduced to slavery.
But the provisions of this law shall not benefit those persons who are proved to have been begotten by freeborn
fathers either from colonae or from slave women, unless
perchance the fathers of such children should pay for the
head of each child either substitute slaves, along with their
peculia, or the price of redemption of their status to the
masters of the slave women with whom the fathers cohabited. But if such fathers should not prove that they
have paid this amount in full, they shall not be able to
change the ignoble status that was derived from the
mothers, and the slaves shall not thus be lost to their
masters. Even though these slaves are begotten by their
own masters, none of them can be free from their servile
status except through manumission.
8. (The same Augustus.) . . .
. . . (If after a claim for freedom) and the defense have
been formally presented in court, another person should

petition to be admitted to the trial, the claim f or freedom
and the defense must be adjusted to include all parties,
and he himself 2 2 may be forced to pay to the fisc as many
slaves as he claimed. But if the sponsor 6 should be defeated, he shall either pay the aforesaid penalty, or if
through poverty he should be unable to pay, he shall be
thrust into the mines. The same general rule shall be observed with reference to the guardians of minors when an
action for freedom is tried. (Etc.)
Given on the seventh day before the kalends of November at Constantinople in the year of the consulship of Pacatianusand Hilarianus.-October 26, 332.23
INTERPRETATION:
15
16
cannot belong to him when he is free, M., Seeck.

The supposed slave whose freeborn status is established.
20
17
in medio jure.
21
18
actus servitutis.
19 This seems to refer to coloni, 5, 18.
C 90
A law 21 had once been promulgated to
If after a claim for freedom and the
Brev. 4, 8, 3.
Apparently by Constantine but not extant, G.
22 The plaintiff.
23 5, 17, 1.
Freedmen and Their Children

defense have been instituted, another person should claim
that he is the master and should petition to be admitted
to the trial, the claim for freedom shall be arranged to
include them all, but such a plaintiff shall be held liable for
a definite penalty. The principle is the same in the case of
a sponsor 6 or defenders of minors.
9.24 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Rufinus, Praetorian Prefect.
If an action with reference to his status should be instituted against any person who for a long period of time,
that is, a space of twenty years, had continued in possession
of his freedom, or against a person whose claims for freedom are made for him by the supporting evidence of compulsory public services rendered and by the privileges of
his merits,2 5 or against a person who had lived in places f requented by crowds of men, in the presence of those who
claim to be his masters, no necessity of giving a sponsor'
shall be imposed upon such a defendant, but he shall have
the right to appear in court as a freeman and shall himself defend his own status, he shall defeat the calumniator,
and he shall confute his prosecutor. This shall be done in
order that he may not waver in doubt, if he should have
to depend on the superciliousness of another person.
I. But with respect to other persons who are not defended by the possession of some honor or by the prescription of the aforesaid period of time or by a military
privilege, 2 6 the general rule of the ancient law shall be
observed.
Given on the seventh day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-September 25 (28),
393.27
No necessity of seeking a sponsor 6 of

their freedom shall be imposed upon those persons who
continued to be in a state of freedom for twenty years,
not secretly but publicly, and who have performed some
compulsory public service or who have been members of
the imperial service, in the presence and continued silence
of the plaintiff. But of themselves, through themselves, if
they wish, they may assume against the plaintiff any function that is available to their freedom. But with respect
to other persons who have remained in hiding without the
knowledge of their masters, the provisions of the former
law shall be maintained.
INTERPRETATION:
TITLE 9: THOSE PERSONS WHO HAVE BEEN

MANUMITTED BY NON-OWNERS' (DE HIS
QUI NON A DOMINO MANUMISSI SUNT)
Emperor Constantine Augustus to Bassus.
If freedom should be given to another man's slave by a
non-owner and authority for this should be impetrated
from a judge who had the right to grant such authority,
annulment is easy and without any fear of punishment. I.
If, however, it should be proved that pursuant to Our order any such legal act has been performed and if it should
be shown that a non-owner petitioned Us for permission
to manumit another man's slave, then such slave who is
proved to have received his freedom in Our presence shall
1.2
24 Brev. 4, 8, 4.
25 by the privileges of a veteran, M.
26 militaris, usually refers to veterans, who had many special
privileges. M.: by the privileges of a veteran.

272, 12, 5; 4, 3, I; II, 30,
52.
4-10-2
be immediately restored to that person to whose ownership

he belongs, the man who manumitted another's slave by
deceiving the conscience of the Emperor shall be compelled to convey to the owner two slaves of the same sex,
age, and skill 3 as the one manumitted is proved to have
been, and the manumitter shall convey to the fisc three
other such slaves who are similar in the aforesaid respects.
2. This penalty shall not always be imposed, but rather
it shall be in abeyance if perchance the manumitted person
can bar the claim of the person attacking his legal status
by the interposition of the statutory prescription,4 since a
man who by his silence ratifies an action to his own hurt
should blame himself for the damage he incurs by the loss
of his slave.
Posted on the ides of July in the year of the fifth consulship of
Constantine Augustus and the consulship of Licinius Caesar.-July
15, 319.
INTERPRETATION: If any person should presume to

manumit the slave of another and should do this in the
presence of the Emperor or in a church,' he shall be held
liable to the following penalty, namely, that the manumitted
slave shall be recovered by his master, and the manumitter
shall be forced to give two other slaves of the same age
and sex, and certainly of the same skill 6 as was possessed
by the person who had been manumitted. But if the person who is said to have been manumitted should defeat
his master who sues for his recovery by means of the following prescription,4 namely, that he now protects the
validity of his status by the period of time that had
elapsed, then the manumitter shall not be constrained to
suffer the penalty because the plaintiff has incurred the
prejudice to his ownership or nurtured this prejudice by
his silence.
TITLE 10: FREEDMEN AND THEIR CHILDREN' (DE LIBERTIS ET EORUM LIBERIS)
I.2 Emperor Constantine Augustus to the Council of
Byzacium.
To such an extent is the law hostile to ungrateful freedmen that if with any ostentation and contumacy they
should raise up their heads or if they should incur the
guilt of even a slight offense, their patrons shall have the
right to subject them again to their control and power.
Given on the sixth day before the kalends of August at Klln in
the year of the consulship of Pacatianusand Hilarianus.-July 27,
332; 313.3
INTERPRETATION: If any servile person should obtain

his freedom from his master and afterward should begin
to act haughtily or should offend his patron, that is, his
own manumitter, he shall lose the freedom which he had
obtained and he shall again be reduced to slavery.
2.' Emperors Honorius and Theodosius Augustuses to the

Consuls, Praetors, Tribunes of the Plebs and Their Own
Senate, Greetings.
3 ars.
4 legitima praescriptio, sixteen years of uninterrupted freedom.
Cf. 4, 8, 7.
5 vel in ecclesia, added by the Interpreter, in conformity with the

practice of his day.
6 artificium.
1 Brev. 4, 10; CJ 6, 7. Title Ii, Kr.
2, 19, 3; Brev. 4, lo, i; CJ 6, 7, 2;
Burg. Germ. 40.
3 2,
19, 3.
4
Brev. 4, 10, 2; CJ 6, 7, 3; 9, I, 21; Burg. Germ. 40, 2.
2
1 Brev. 4, 9; CJ 7, io. Title io, Kr.

2Brev. 4, 9, I; 5, 7, 2; CJ 7, 1o, 7; Lex Visigoth. 5, 7,
2.
[ 91 1
Freedmen and Their Children
4-10*2
(After other matters.) Freedmen not only shall not be

heard against their patrons, but they shall also show the
same reverence to the heirs of their patrons as to their
patrons themselves. The heirs of the patrons shall be
granted the same right of action for ingratitude as the
manumitters themselves, if the freedmen, unmindful of
the freedom given them, should revert to the villainy of
their inborn servile character. I. If freedmen should presume to be informers or accusers of their manumitters or
of the manumitter's heirs, they shall be held liable to the
same punishment as slaves, and they shall suffer the penalty
before they begin to submit the information. (Etc.)
Given on the eighth day before the ides of August at Ravenna in.
the year of the consulship of Asclepiodotus and Marinianus.-August 6, 423.5
INTERPRETATION: Freedmen shall not be heard, not only
against their patrons but also against the heirs of their
patrons; those freedmen who are ungrateful shall be recalled even by the heirs into slavery; if they become informers even against the heirs of their patrons, they shall
be punished before they are heard.

(After other matters.) We do not permit men of the
status of freedmen ever to aspire to honors' or to palatine
service." I. Indeed, it is Our will that the following distinction shall be observed, namely, that the sons of those
manumitted shall be entitled to attain a position as high as
that of assistant chief of the imperial bodyguard, a place
which is by no means permitted to the aforesaid freedmen,'
on condition that the privileges of reverence due to patrons
and the heirs of patrons shall be preserved. 2. For without
any doubt even those in the imperial service shall be reduced to the bond of slavery if they are shown to be ungrateful. 3. But in no wise do We allow those persons who
themselves have been manumitted to be admitted to any
position, however humble, in the imperial service.
Given on the third day before the kalends of April at Ravenna in
the year of the twelfth consulship of Theodosius Augustus and the
second consulship of Valentinian Augustus.-March 30, 426.
INTERPRETATION: Freedmen shall not aspire to any
honors or to the imperial service; their freeborn sons may
ascend even to the position of a member of the imperial
bodyguard. Even members of the imperial service, if ungrateful, may be reduced again into slavery.
TITLE 11: PRESCRIPTION OF LONG TIME'

(DE LONGI TEMPORIS PRAESCRIPTIONE)
I. The same Augustus' to Vettius Rufinus, Prefect of the
City.
If property belonging to the fisc has been possessed by
any person, by gift from the Emperors or by any means
5 1, 6, 11, n. 44.
6 4, 6, 7; Brev. 4, lo, 3;
7 Especially to administrative positions in the State.
CJ 6, 7, 4.
8 palatina militia.
9 Inserting his with G. Or: a place which hitherto was not permitted to them. Or: beyond this is not permitted to them, M. Or:
that the sons of those manumitted shall be entitled to attain to the
position of assistant bureau chief or imperial bodyguard; reading
proximi vel, with Seeck. The text of this passage is uncertain and
the translation conjectural.
1 CJ 7, 33. Title 12, Kr.; 13, Haenel; Glossary, s.v. prescription.
2 Constantine. One or more constitutions have been lost, I, I, 2,

n. 9.
3 The predecessors of Constantine, that is, before 305.
E 92
whatever, continuously to Our decennial4 without any claim

made upon it by another, the person in possession shall
remain secure, for this is understood to be possession in
accordance with the law.
Posted on the tenth day before the kalends of January at Rome
in the year of the consulship of Sabinus and Rufinus.-December
(May) 23, 316.5
2. Emperors Constantius and Constans Augustuses to

Argyrius, Governor.6
The prescriptive period of forty years, which the statutes
and law choose to call "long time," must not be admitted
when a personal action is instituted. Wherefore, in the
present7 and in all other cases you shall observe and enforce this regulation, unless8 the provision is included in
the ancient law: "On account of long time the present
action must not be brought."
Although an action on a claim for money shall not be
barred by a prescription of long time,9 nevertheless the
judge must consider the interval of time that has elapsed
without reasonable cause for inaction and the age of the
instrument, so that when these factors have been very
carefully weighed, he shall consider in his capacity as judge
what sentence must be pronounced in such actions.
Given on the tenth day before the kalends of July in the year of
the consulship of Limenius and Catullinus.-June 22, 349.
INTERPRETATION:
Although in case of a debt of long
time ...
TITLE 12: ON THE CLAUDIAN DECREE OF
THE SENATE' (AD SENATUS CONSULTUM
CLAUDIANUM)
I. Emperor Constantine Augustus to Probus.2
If any free woman should suffer violence at the hands

of a slave or of any other person whatsoever, and against
her own will should be united to a man of servile status,
she shall be avenged by the due severity of the law. I. But
if any woman should be unmindful of her own honorable
status, she shall forfeit her freedom, and her children
shall be slaves of the master of the slave to whom she
united herself in cohabitation.$ This law must also be enforced with reference to the past.4
Posted on the kalends of April in the year of the consulship of
Volusianus and Annianus.-April 1, 314.
INTERPRETATION: If a woman through violence and
against her will should be united to a slave belonging to
someone else, she shall be avenged. But if she is united by
her own will, she becomes a slave and her children are
slaves.
4 315, since Constantine dated the beginning of his reign from

305, when he first laid claim to a share in the imperial power.
5 Rufinus was Prefect August 20, 315-August 3, 316, when he was
succeeded by Bassus, August 4, 316.
7 This is apparently a reference to a case that had been submitted
by the governor to the Emperor for his opinion or decision.
8 Even if, according to M.'s conjecture of etsi.
9 exceptio temporis.
1CJ 7, 24. Title 13, Kr.; ii, Haenel.
His official position is unknown.

3 contubernium, a slave union as contrasted with lawful marriage,
2
matrimonium.
4 An ex post facto provision, although it was a fundamental principle of Roman jurisprudence that there should be no ex post facto
laws. In spite of this principle the Roman Emperors issued many
ex post facto laws; I, I, 3, n. 14.
Imposts and Forfeitures

(The same Augustus
2.
Given on the fifth day before the kalends of February in the year
of the consulship of Gallicanus and Bassus.-January 28, 317.
INTERPRETATION:
In the presence of seven witnesses
who are Roman citizens, formal notification' must be given
three times in accordance with the Claudian Decree of

the Senate.'
3. The same Augustus to the People.'

Since the ancient law compels freeborn women to for-
feit their birthrights if they should be united in cohabitation' with fiscal slaves and no indulgence is granted either
to their ignorance or their age, it is Our pleasure that the
bonds of such unions must be shunned. But if indeed a

freeborn woman ignorantly, or even willingly, should cohabit with a fiscal slave, she shall sustain no impairment
of her freeborn status, but the children who are born of
a fiscal slave father and a freeborn mother shall hold a

medial position, that is, as free children of slaves and
illegitimate children of free persons, they shall be Latins.7
Although they are freed from the constraint of slavery,
they shall nevertheless be held liable to the privileges due
to patrons.8
I. It is Our will that this law shall be observed, and We
restrict it to fiscal slaves, to those born 9 on the estates of
Our patrimony, to the emphyteutic estates, and to those
that belong to the property of our privy purse. 2. For We
do not derogate anything from the ancient rights of the
municipalities, and it is Our will that no slaves of any
cities whatever shall be included in any participation in
this law, so that the municipalities may hold their power
unimpaired and not"o subject to the ancient interdict.
3. If either an imprudent error or simple ignorance or a
lapse due to the frailty of youth should involve any persons in the snares of such a cohabitation," they shall be
excepted by Our sanctions.
Given on the sixth day before the kalends of September at Sofia
(Serdica) in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-August 27 (January 27?, 31?), 326; 32o.6
If a freeborn woman should unite

herself with a fiscal slave, whether she does this with full
knowledge or in ignorance, she herself shall remain free;
but her children shall be Latins7 and illegitimate, and although they shall be free, nevertheless, they shall be subject to the rights due to patrons." The same rule shall hold
also if a freeborn woman should cohabit with an emphyteutic slave or with one belonging to the imperial patrimony or one belonging to the privy purse of the Emperors. The rights of a municipality are excepted, because
the present law wishes such rights to be preserved.
INTERPRETATION:
4 (5). (The same Augustus).

If any woman after the issuance of this law should involve herself in cohabitation with a slave, even though
she should not be apprised by the formal notifications, 5 as
the ancient law ordained, she shall forfeit her status of
freedom.
Given on the day before the nones of October in the year of the
consulship of Bassus and Ablabius.-October 6, 331.
5 denuntiatio.
6 3, 2, 1, n.
2.
7 According to M.'s text.
8 The manumitters of slaves became the patrons of such freedmen,

and as such they were entitled to many privileges.
9 originarii,subject by birth to.
10
Most editors delete the negative.
4-13-1
5 (6). Emperor Julian Augustus to Secundus, Praetorian

Prefect.
We decree that the Claudian Decree of the Senate shall
be valid and all imperial constitutions issued contrary to
it shall be completely annulled, so that if a free woman
should cohabit with a procurator or the overseer" of a
private citizen or with any other man contaminated by
servile status, she shall not otherwise forfeit her freedom
and be constrained by the bond of the lowest status unless
she has been warned according to law with three formal
notifications.'
I. This regulation must be observed with reference to
privately owned slaves,"2 for We decree that the authority
of this imperial sanction does not apply at all to those
women who unite with fiscal or municipal slaves.
Given and posted in the Forum of Trajan on the eighth day before
the ides of December in the year of the consulship of Mamertinus
and Nevitta.-December 6, 362.
INTERPRETATION: The authority of the Claudian Decree of the Senate is confirmed also with reference to
those women who are united with the procurators and
overseers of private citizens, but those women are excepted who consort with fiscal or municipal slaves.
6 (7). Emperors Valentinian, Valens, and Gratian Augustuses to Secundus, Praetorian Prefect.
If in the estimation of a lustful woman her concupiscence is of more importance than her freedom, she is made
a slave, not by war or by purchase, but by cohabitation, 3
so that her children shall be subject to the yoke of slavery.
For it is manifest that she who repents of her freedom
desires to be a slave.
Given on the day before the nones of April at Trier4 in the year
of the consulship of Emperor Designate Gratianand of Dagalaiphus.
-April 4, 366.
INTERPRETATION:
If a woman by cohabitation with a
slave should become a slave, her children also shall be

slaves.
7 (8). Emperors Arcadius and Honorius Augustuses to

Anatolius, Praetorian Prefect of Illyricum.
All provincials shall know that unless free women are
given three formal notifications 5 to refrain from unions

with slaves, in no way can such women be held to a status
of slavery.
Given on the nones of March at Constantinople in the year of the
fourth consulship of Honorius Augustus and the consulship of

Eutychianus.-March 7, 398.
Without a threefold notification 5 a

woman united to a slave does not become a slave.
INTERPRETATION:
TITLE 13: IMPOSTS AND FORFEITURES' (DE

VECTIGALIBUS ET COMMISSIS)
1.2 Emperor Constantine Augustus to Junius Rufus, Governor 8 of Aemilia.
" actor, overseer, business manager. Procurators and overseers
were regularly slaves.
12
13
circa privatas personas.

connubium, rather surprisingly used instead of contubernium.
See n. 3.
14 Either the inscription or the subscription is corrupt, since a
law would not be issued from Trier in the western Empire to Secundus, Praetorian Prefect of the Orient, M.
1 Brev. 4, Ix; CJ 4, 61. Title 14, Kr.; 12, Haenel
the customs duty is meant here.
2
Brev. 4, IT, I; GJ 4, 61, 4.
3 Consularis, the judge ordinary of the province.
C 93 1
12.
Apparently
Imposts at nd Forfeitures
4-13-1
The right to collect imposts shall remain in the possession of the person who was the highest bidder. Thus the
contract of letting shall be concluded at the end of a
period of not less than three years, and in no way shall
the time granted for the collection of imposts be interrupted. When that time has passed, the rights of bidding
and of obtaining the contract' shall be renewed, and in a
similar manner the concession must be let to others. If it
should appear that any collector -of imposts has exacted
anything more from the provincials than the amount established by statute, he shall be subjected to capital punishment.
Given on the kalends of July in the year of the second consulship of Crispus and the consulship of Constantine Caesar.-July
1,
321.
INTERPRETATION: Imposts are those payments that are
made to the fisc on account of transport by carriers, that

is, when merchandise is transported in coastal places by
ships or in other regions by vehicles. The Emperor commands that the contract for the collection4 of such imposts
shall be placed with strenuous persons for a period of
three years, and thereafter their collection shall again be
entrusted without interruption to others who may offer a
higher sum in payment. If any person by right of this contract for farming the taxes and by their collection should
attempt to exact more than the statutory sum or should
attempt to oppress a merchant or a provincial beneath the
burden of his exaction, he shall know that he must be condemned to the risk of capital punishment.
2.' The same Augustus to Menander.
No impost shall be exacted by the rural police from any
provincial for any goods that he transports for his own
use or for the fisc, or for those goods which he brings
home for the operation of his farm. But those goods that
are transported for other than the aforesaid purposes or
for purposes of commerce, We make subject to the customary tax payment.
Given on the third day before the ides of July in the year of the
second consulship of Crispus and the consulship of Constantine.
-July
13,
321.
3.5 The same Augustus to Menander.

We do not allow the impost to be exacted from peasants
who bring home supplies necessary for their own use and
for the cultivation of their fields. The capital penalty is
decreed for the rural police and the urban soldiers' and
the tertii augustani7 if it should be proved that through
their avarice anything of the kind has been attempted.
i. But for all other property which the peasants purchase
with the intention of selling for profit they must assume
the customary tax.
Given on the kalends of August in the year of the second consulship of Crispus and the consulship of Constantine.-August I, 321.
4. Emperor Constantius Augustus to Proclianus, Proconsul

of Africa.
The payment of the impost contains the utmost utility,8
4 conductela, conductio.
5 CJ 4, 61, 5. The official position of Menander is unknown.
urbani milites. Cf. 4, 13, 2.

The identity and functions of these persons are unknown.
6stationarii et
7
8 To the imperial revenues. Hence it is important to let the contract to those persons who will bid the highest for the right to col-
lect these taxes.
and it must be guarded with such great diligence that it

may be increased by frequent bidding. i. Therefore Your
Gravity shall order that the increases over the old payments of the accounts of the imposts shall be preserved
for the resources of the fisc.
Given on the fourteenth day before the kalends of February at
Constantinople in the year of the eighth consulship of Constantius
Augustus and the consulship of Julian Caesar.-January ip (18),
356; 36o.9
5. The same Augustus to Martinianus, Vicar of Africa.

To the previous imperial commands"o We add strength,
and We remit one fourth of the payments of imposts to
the provincials and cities of Africa, for this reason, that
from the sum thus remitted the city walls"' may be restored
and resources may be supplied for the repair of their
buildings.
A letter to the Most Noble Vicar on the day before the ides of
July at Ciliuml 2 in the year of the consulship of Datianus and
Cerealis.-July 14, 358.
6.1" Emperors Valentinian, Valens, and Gratian Augus-
tuses to Archelaus, Count of the Orient.

In the name of no person whatsoever shall any reduction whatsoever be made in the payment of imposts, but
all classes of men who wish to engage in commerce shall
pay the customary eighth," and no exception shall be made
in this matter for military persons.15
Posted at Beirut on the fourth day before the kalends of February
in the -yearafter the consulship of Valentinian and Valens Augustuses.-anuary 29, 366; 369; 371.
7. The same Augustuses to Constantius,"' Proconsul of

Africa.
From the income of the commonwealth17 and from all
accounts belonging to each separate municipality, two
thirds of the entire tax payment shall come to Our largesses, and one third shall be assigned to the allowable 8
expenses of the municipalities.
Given on the seventh day before the ides of September at Mains
in the year after the third consulship of Gratian Augustus and the
consulship of the Most Noble Equitius.-September 7, 375; 374.16
8.'" Emperors Gratian, Valentinian, and Theodosius

Augustuses to Palladius, Count of the Sacred Imperial
Largesses.
9 Three constitutions were issued to Proclianus, Proconsul of
Africa: 4, 13, 4; II, 1, I; II, 36, io. M. thinks that all of them
were issued by Constantius on the same day, January 18, 360.

10 The reference is uncertain.
I moenia publica, public works, buildings, walls.
12 Received as a letter by the Most Noble Vicar, since Cilium
was in Africa, CIL 8, p. 33.
13 CJ 4, 61, 7. Archelaus was Count of the Sacred Imperial Largesses, G., M., 9, 21, 7; 10, 21, I, although he has the title of a
Count of the Orient in 1o, 16, 2. Since the three other laws were
issued to Archelaus in 369, this law was probably issued in 368.
14 That is, the impost of twelve and one half percent, or three
siliquae.
15 militares, an unexpected limitation of the many special privileges conferred upon military persons, especially veterans, a very
common meaning of militares. Cf. 7, 20.
16 For his epitaph found at Salona, see CIL 3, 9506, from which
it is apparent that he died July 6, 375, and not during his term of
office. Also in the early spring of 375 Valentinian left the Rhine
district and passed to the regions of the Danube. Hence, read: in
the year of the consulship (374), M.
17 res publica, apparently referring to the municipality.
18 probabiles, expenses that can be justified by proof in
court.
'9 CJ 4, 61, 8.
[ 94 7
Actions shall be Completed within a Definite Time

The impost tax collectors of the eighth' 4 shall receive
the tax from the delegates of loyal foreign peoples only
on those products which such peoples export here from
the regions whence they come. But if from Roman soil
they should export to their own regions any products, and
only those, of course, which the law allows,20 they shall
have those goods duty free and exempt from the payment
of the tax.
Given on the day before the nones of July at Constantinople:
July 6. Received on the twelfth day before the kalends of August
in the year of the consulship of Syagrius and Eucherius-July 21,
381.21
The same Augustuses to Palladius, Count of the Sacred

Imperial Largesses.
To the Most Noble Count of Egypt We have given a
mandatory letter, 23 that they may know that the usurpation
of all license is abolished24 with reference to the impost of
9.22
alabarchia,2 5 a tax established throughout Egypt and the

province of Augustamnica, and We do not allow anything
to be vindicated illegally through a permit in connection
with the transfer of animals, which must not be permitted
without the payment of the customary dues.
. . .- July 6, 381.
TITLE 14: ACTIONS SHALL BE COMPLETED

WITHIN A DEFINITE PERIOD OF TIME' (DE
ACTIONIBUS CERTO TEMPORE FINIENDIS)
1.2 Emperor Theodosius Augustus to Asclepiodotus, Praetorian Prefect.
Just as actions in rem for specific pieces of property,'
so actions for an aggregate of things4 and personal actions
shall not be extended beyond the space of thirty years.
But if any property or right should be claimed or any
person should be sued in any action or prosecution of
whatsoever nature, the plaintiff must nevertheless beware
of the prescription of thirty years. The same rule is valid
also in the case of a person who seeks to vindicate a pledge
or hypothecated property, not from his debtor but from
another person who is in possession.
I. Suits for the establishment of boundaries shall, of
course, remain under the same regulations as at present.
Therefore actions previously instituted shall have no possibility of surviving after an unbroken silence of thirty
years from the time when they began to be legally available. Nor shall it suffice 5 that any person should offer supplications to the Emperor and should receive some special
rescript through the Emperor's annotation, or that he
should also file the rescript in court, unless after the filing
of the sacred imperial rescript and the registration of the
demand in court, a summons 6 should ensue. Ia. Actions
207, 16, 3.
21 10, 24, 2.
22 CJ 4, 61, 9.
Reading co(mmon)entes. M. reads: co(mitt)entes, with the
same meaning.
24 The italicized passage is supplied from CJ.
25 A special tax in Egypt. Very little is known about it. Some editors read arabarchia,without adding anything to the explanation
of the passage.
23
12, 6; Brev. 4, 12. Title 15, Kr.

2 Brev. 4, 12, I; CJ 7, 39, 3; Edict Theod., 12.
8 speciales actiones in rein.
4 ad universitatem actiones, such as inheritances.
5 To interrupt the period of limitation, by a petition to the Emperor, Min. Sen., n. 57.
6 conventio, summons, trial, suit.
4-14-1
shall be subject to the same method of treatment without

any doubt, if it should be proved that, after attestation of
the suit7 and after the action has been brought to trial and
issue on the principal question has been joined between
the parties to the suit, again a period of thirty years has
elapsed and that the action has been consigned to oblivion
and a long continued silence.
2. Neither frailty of sex nor absence nor imperial service shall be defended against this law, and only minors of
pupillary age, as long as they are under the guardianship
of a tutor, shall be exempt from this sanction. For when
minors have arrived at the years which belong to the administration of a curator, for them as for other persons
the period of thirty years shall necessarily be observed.
3. Moreover, the period of thirty continuous years shall
extinguish only those actions that appear to be perpetual,
not those that were anciently limited by fixed periods of
time. 4. Moreover, the statutory time limits' must be so
counted that if any periods of time flowed by in unbroken
silence' before the issuance of this sanction of Our Clemency, such periods shall be reckoned within the aforesaid
limitation.
5. But lest any ground of complaint should be left to
any excessively indolent and lazy person, We command
that if any person should claim that he had not instituted
action on account of his confident belief in the perpetuity
of his claim, after the issuance of this law a period of ten
continuouso years shall be added to the limits mentioned
above. Thus if it should appear that before the issuance
of this sanction the years prescribed by this law had
elapsed, an extension of a period of ten years, in addition
to the time that had elapsed, shall be granted to the plaintiff, provided that in his case the time shall be counted as
continuous'o from the date of this law. 6. But if it should
appear that in his case ten years or more remain, he must
desire no additional time, but as the time elapses by its
own course to its consummation at the end of thirty years, he
must be content with his own period of time. If indeed
some years undoubtedly remain, but the remaining time
is concluded in less than ten years, nevertheless, even so
he shall receive only so much time that the entire number
of ten years shall be completed. 7. We decree that after
the aforesaid time limit," no person shall thereafter have
the right to institute an action, even though he should attempt to defend himself on the ground of ignorance of
the law.' 2

Victor.-November 14, 424.
INTERPRETATION: Although this law has been abrogated
in its other parts, it is fitting, however, that it should be
here" placed because it speaks of a period of thirty years,
which must not be reckoned in the case of pupils as long
as they live under tutors; but when they arrive at that age
at which they can have curators, that is, when a man arrives at his fifteenth year and a girl at her thirteenth year,
from that date the limitation of thirty years must be
7 lis contestata, litiscontestation of the Civil Law.
9 Without interruption.
10 Calendar years, without any deductions for holidays.
8 annorum curricula.
11 haec definitio.
12 1
1, 2.
In the Breviarium, on which the Interpreter is here commenting.

1a
i 95 I
Actions shall be Completed

4-14-1
reckoned for their suits in the same way as for the suits
of everyone else, as also a Novel' 4 of Valentinian testifies.
This Novel appears to have placed the foregoing provisions very obscurely among its other regulations, but it
says: "With the exception of the privilege of pupillary
age which was granted by a law of Our father, Theodosius,
of sainted memory, cases must be terminated within the
aforesaid time limits." The present law also clearly sets
forth that, just as it orders actions that were perpetual to
be reduced to the time limitation of thirty years, so all
cases with time limitations fixed at less than thirty years
shall be retained in their own places and time limitations,
that is, whatever has been ordained about twenty year
periods or ten or five year periods or the period of a single
year, and cases similar to those, shall by no means be extended to a period of thirty years.
TITLE 15: FIVE YEAR PRESCRIPTIONS' (DE
QUINQUENNII PRAESCRIPTIONE)
Palladius, Praetorian Prefect.
(After other matters.) A person in possession for a
period of five years shall bar any petitioner,3 for according
to the special grant of imperial favor of a law4 of Constantine, a petitioner6 is barred by the same privilege of
the possessor as that by which Our fisc is excluded. But
if such a case should perhaps arise at any time, We command the judges ordinary to rescind the petition" that is
surreptitiously obtained and to grant their vigorous protection to such defendants as are aided by an uninterrupted7 five-year possession.
1.2
Given on the eighth day before the ides of July at Ravenna in the
year of the consulship of Eustathius and Agricola.-July 8, 42J.2
INTERPRETATION: If any person should be proved to
have possessed any fiscal property for five years in such
a way that he has not been dispossessed by anyone, and
if some other person should wish to petition the Emperor
for such property, to such an extent does the Emperor
provide by law for the possessor that He even commands
the judge to grant such possessor his protection, and He
ordains that the rescript obtained by a petitioner" shall be
rescinded, provided, however, that the possessor should
prove that he possessed such property for five years without disturbance; for the Emperor orders even the claim
of His own fisc to be barred by such period of time by the
person who possesses such property without disturbance.
TITLE 16: JUDGMENTS' (DE RE JUDICATA)

1.2
Emperor Constantine Augustus to Proculus.8

It is Our pleasure that supplications to the Emperor4
14 Nov. Val. 35, 13.

9, 42, 23;
10,
10,
and impetrated rescripts shall not be admitted5 if the cases

have once been decided by a judicial sentence which has
not been suspended by any appeal, but those persons who
obtain such rescripts shall be expelled even from the threshold of the courts.
Given on the seventh day before the kalends of January in the year
of the fifth consulship of Constantine Augustus and the consulship of
Licinius.-December 26, 319.
2.6 Emperors Gratian, Valentinian, and Theodosius Augustuses to Potitus, Vicar.

(After other matters.) In the cases of private citizens
the general rule shall be observed that no litigants shall be
bound by a decision rendered by a judge who is not theirs.7
Given on the tenth day before the kalends of October at Rome
in the year of the consulship of Auzonius and Olybrius.-September
22, 379.
INTERPRETATION: In the cases of private citizens the
rule shall be observed that no person shall be bound by
the decision of a judge other than his own."
TITLE 17: JUDICIAL DECISIONS SHALL BE

READ FROM A WRITTEN STATEMENT' (DE
SENTENTIIS EX PERICULO RECITANDIS)
By Our general statutes We have already commanded
that all judges to whom We have granted the power to
dispense justice3 in the provinces shall, after trial of a
cause, render their final decisions by reading them from
a written statement.' I. To this imperial sanction We add
that if a judicial decision should be spoken when it had
not been written, it shall not obtain the name of a decision, and the formality of an appeal shall not be required to rescind such a faulty decree.
Given on the third day before the nones of December at Trier

in the year of the third consulship of Gratian Augustus and the consulship of the Most Noble Equitius.-December3, 374.
2 (3).' Emperors Gratian, Valentinian, and Theodosius

Augustuses to Clearchus, Praetorian Prefect.
In pronouncing a decision that will be valid for the litigants, the judge must fully review the features of the case
that were presented in court; he shall write his opinion
and read it, lest through some error of the judge the litigants might again experience the fortunes of a new suit
from its first beginnings."
Given on the tenth day before the kalends of September at Constantinople in the year of the consulship of Antonius and Syagrius.
-August
23,
382.
3 (2).7 The same Augustuses to Clearchus, Praetorian

Prefect.8
Your Sublimity must obey Our laws, so that in all cases
a fully considered decision shall be rendered from a written statement."
6, Kr.
' Brev. 4, 13. Title

2
within a Definite Time
29-30; Brev. 4, 13,
1.
3 competitor, a petitioner for ownerless and caducous property

which would regularly become the property of the fisc.
4 10, I, 3, G.
5 petitor=competitor, n. 3.
6 competitio, a petition for ownerless and caducous property, n. 3.
7 absque interpellatione, uninterrupted by any appeal to the court
for such property.
8 competitionis constitutio.
5 In court.
6 Brev. 4, 14, i;
J 7, 48, 4.
7non suus judex, a judge without jurisdiction over them.
8 sententia alterius judicis, the decision of the judge of the other
person, the other party to the suit.
1 Brev. 4, 15; CJ 7, 44. Title 18, Kr.
2 CQ 7, 44, 3.
3 reddere jus.
5 Hincmar,
App.
2,
501.
6 a primordio.
4 scripti recitatio.
7 Brev. 4, 15,
1.
8 Prefect of the City, according to Seeck. Florus was Praetorian

' Brev. 4,
2
20-21, CJ 7, 52. Title 17, Kr.

Proconsul of Africa.
4 Min. Sen., n. 57.
14; App. I,
CJ 7, 50, 3.
Prefect of the Orient at this time (382), according to Kr.

9 periculum.
E 96 ]
Fruits of Property in Suit and Expenses of Litigation

Given on the sixteenth day before the kalends of January at Constantinople in the year of the consulship of Antonius and Syagrius.
-December 17, 382.
INTERPRETATION: Judges must especially observe that
in all cases the decision that has been carefully considered
shall be read in the presence of all parties, in order that
those persons who have pleaded the case may be fully informed of the decision that is given.
City.
A decision shall not be valid which has not been given

from a written document.?o
Given on the third day before the kalends of December at Milan
in the year of the consulship of Richomer and Clearchus.-November
5."
29, 38411
The same Augustuses to Timasius, Count and Master
of the Horse.
The nature of orders" pronounced in the presence of
the parties to a suit cannot be changed.
Given on the tenth day before the kalends of April at Constantinople in the year of the consulship of Emperor Designate Honorius and of Evodius.-March 23, 386.
INTERPRETATION: Whatever order is issued in a suit in
the presence of the parties shall have the fullest validity
and cannot be changed.
TITLE 18: THE FRUITS OF PROPERTY IN

SUIT AND THE EXPENSES OF LITIGATION'
(DE FRUCTIBUS ET LITIS EXPENSIS)
I.2 Emperors Valentinian
and Valens Augustuses3 to

If a litigant should be defeated who is proved to have
been guilty of forcible entry and seizure and of despoiling another's property, and if after being sued4 he should
settle upon such property, he shall not be obligated only
to the restoration of such property, and he shall not only
assume the responsibility for the payment of the simple
interim fruits or of those which he himself gathered, but
he shall also pay double the fruits, even those which he
ought to have gathered and not merely those which he is
proved to have stored away.
I. In the case of such a despoiler the reckoning of time
shall be computed from the day when the property was
forcibly entered and seized until the end of the suit. But
in the case of a person who simply holds property,5 the
time shall be computed from the day when the suit was
instituted in court and the possessor thus became aware of
his unjust possession. 2. The situation shall be considered
the same with respect to an heir who succeeds to such a
defect in title. 3. We also add that such possessors shall
pay to the plaintiffs the expenses and the costs of the suit,
conducted to its end.
4. From the justice of this law We do not exclude even
plaintiffs who beset possessors with unfounded suits and
litigation that should not be instituted, for We order that
10 libellus.
11 II, 30, 44.
12
Brev. 4,
13 praecepta, pronounced by the judge.

13, I, n. 24; Brev. 4, 16; CJ 7, 51. Title ig, Kr.
2 Brev. 4, 16, I; CJ 7, 51, 2; Burg. Rom. 8, 4; 35, 3.
15, 2.
4-18-2
if the suit of the plaintiff should be adjudged unjust, he

shall pay to the defendant the expenses; he shall pay the
costs which the defendant is proved to have sustained for
the entire time of the litigation, even though the express
decision of the judge was lacking in this respect.
Given on the seventh day before the kalends of May at Trier in
the year of the consulship of Emperor Designate Valentinian and
of Victor.-April 25, 369.
INTERPRETATION: If any person should wrongfully possess the property of another and such possessor should be
defeated in court because he presumed to seize property
not due to him; likewise, if any person after being sued by
the undeniable owner should refuse to restore the property which he had forcibly entered and seized, such possessor, when defeated, 6 shall not only be bound to restore
the property itself, but he shall also be forced to pay twofold the fruits of the property from the time when said
property was forcibly entered and seized, not such fruits
as he may claim that he gathered but such as the proper
owner would have been able to obtain to his own advantage by diligent cultivation. Also if any person should
knowingly presume to usurp the property of another, in a
similar manner, he shall pay from the time when the suit
was instituted in court and it began to be clear to his conscience that he wrongfully possessed the said property.
Also the heirs of such a person, if they should be defeated,
shall similarly be subject to the same penalties as those of
the author of their obligation. We add also in the case of
such persons that they shall repay to the plaintiffs both
the costs and the expenses of the suit from the day on
which the litigation about such property begins until it is
ended. Also if any person should attempt to sue other persons impossession and should seek to recover in court that
property which he cannot prove to be his own, he shall
similarly repay to the possessors thus sued the costs and
expenses of the suit, as much as it appears that the defendants have spent during the whole time of the litigation.

Asclepiodotus, Praetorian Prefect.
When a suit has been terminated or compromised, no
action shall thereafter be granted to any person, even pursuant to an imperial rescript, for the recovery of the costs
thereof, unless the trial judge who rendered the decision
in the main suit has by judicial pronouncement declared
in the presence of the parties that the expenses should be
repaid to the victor of the cause or that a complaint to recover them is available under the law. For after a trial is
terminated and dismissed, it is wrong for a second action
to arise out of the matters that were involved in the first.
2.7
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.
-March
30, 423.7
INTERPRETATION:
After a case between litigants has
been ended by means of an intervening judgment, no action which has been obtained for the recovery of the costs
and expenses of the suit shall have any validity unless it
is contained in the formal statement of the judgment, because if any person did not claim anything in court in the
presence of his adversary, he cannot thereafter begin another suit with respect to the same matter.
3And Gratian Augustus.
In court.
4 conventio, suit, notice of suit.
5 simpliciter tenet.
' II,
3o, 67; II,
31, 9; Brev. 4, 16,
2;
E97 1
CJ
7, 51, 3.
Interest o -i a Judgment
4-19-1
TITLE 19: INTEREST ON A JUDGMENT' (DE

USURIS REI JUDICATAE)
If any person, after the end of a trial, should postpone
payment, with the exception of the two months for which
a postponement of payment is sometimes granted by law,
from the day when the judgment was obtained and he
was thus rendered liable, he may be sued for the payment
of double the one percent interest,3 in addition, of course,
to the half of the amount due which was involved in the
litigation, as has been formerly prescribed,4 and he shall
pay such interest until the time that he discharges the debt
by payment. This regulation We have introduced on the
principle of equity from the provisions of the ancient
law,5 so that, just as possessors in bad faith are compelled
to the payment of twofold fruits, equally a similar risk
of loss shall pursue debtors in bad faith. I. But still a
creditor must attest 6 the delay caused by the procrastination employed, after the passage of three months from
the time when judgment was pronounced, in order to obtain the benefit of double the one percent interest. 3
Of course, provision must be made on the other hand
also against the notoriously fraudulent trickery of creditors, lest when the person condemned should delay payment, they should begin to hang over him with the hope
of double the one percent interest.3 But the person adjudged, if he would hasten to remove this penalty from
himself, must collect the money, and either seal and deposit it in the presence of the judges7 or offer it in the
court,8 that he may cease to incur the risk of the payment
of double the one percent interest' from the day on which
he began to be obligated.
2. We consider that this distinction also must be made,
namely, that if a contract of debt should be derived from
a stipulation" and by chance through the course of years
the interest should complete the sum of the principal, that
is, the amount of the principal should be equaled by the
accrued interest, after the pronouncement of judgment,
double interest shall not run on both debts, but double
interest on the principal and simple interest on the interest.
INTERPRETATION: If any debtor against whom a judgment has been issued should neglect, after the lapse of
two months, to pay the sum of the debt to the person by
whom he was defeated, he shall know that he must pay
double the one percent interests on the debt itself up to
the day of complete payment; however, he shall be forced
to pay immediately the half of the judgment, because,
just as a possessor in bad faith must pay twofold fruits,
so not undeservedly the person who is very dilatory in
making payment after a judgment must pay double the
one percent interest.'
2 Brev. 4, 17, 1.
1 Brev. 4, 17; CJ 7, 54. Title 20, Kr.
3 Two percent a month, twenty-four percent a year, or double the
legal rate of one percent a month; 2, 33.

4 Not extant; or the reference may be a general one to the ancient
law mentioned below.
5 jus priscum. Most of the Roman Emperors appealed to the
precedents of antiquity for much of their legislation.
8judicium.
7 apud judices.
6 contestari.
9 A binding contract, formally made.
But We also ordain the following provision against the

fraudulent trickery of creditors to whom such debtors
are adjudged, namely, that said creditors shall not wish
by their own fault to obtain too slowly what was adjudged
them, with the hope of doubling the one percent interest 3
payment. Hence, when three months have elapsed after
the judgment has been rendered, the creditor must attest 6
his claim, in order that thus he may be able to collect
double the one percent interest. For if the debtor should
collect the money and should offer it, but the winner of
the suit should be unwilling to accept payment on account
of his hope of gain from double the one percent interest,3
the debtor shall seal the money and provide for its sequestration with responsible persons, in order that he cannot
incur thereafter the loss involved in the interest."o
This also We command to be observed, namely, that if
a fully valid written acknowledgment" of a debtor should
be produced in court and the interest through some years
has equaled the principal, no more shall be claimed from
the debtor. Of course, after the judgment, the debtor
shall pay the twofold interest as We have ordered, but in
such a way that twofold interest shall be paid only on the
principal debt; but on the debt that accrued from the accumulation of interest before the judgment only simple
interest shall be paid.
TITLE 20: THOSE PERSONS WHO CAN CEDE
THEIR GOODS IN ACCORDANCE WITH THE
JULIAN LAW' (QUI BONIS EX LEGE JULIA
CEDERE POSSUNT)
1.2
Emperors
Gratian,
Valentinian,
and
Theodosius
Augustuses to Basilius, Count of the Sacred Imperial

Largesses.
No debtor at all of the fisc or any debtor and unjust
holder of another's property in gold and silver and other
movable objects, by making a cession of his goods shall
escape as a name' free from the fullest payment, but by
appropriate and deserved severity of punishment he shall
be forced to the payment of the amount due, unless perhaps he should prove the destruction of his own fortunes
that have been swept away by robbery, overwhelmed perhaps by shipwreck or fire, or shattered by some misfortune and loss produced by the onset of an overwhelming
force.
Posted at Rome on the day before the ides4 of October in the
year of the consulship of Auxonius and Olybrius.-October 14,
379; 382.
INTERPRETATION: If a person is proved to be obligated
to a fiscal or a private debt and should owe gold or silver
or any movable property, he shall not suppose that he
must be relieved of payment of the debt because he says
that he is making a cession of his own property, but he
shall be subjected to punishment and forced to pay whatever he owes, unless perchance he is a person of the kind
that can prove that he lost all his substance either by ship-
10 damnum usurarum.
1
'1 cautio.
A voluntary cession of his goods by a debtor to his creditors, a
form of bankruptcy, io, 16, 4; D. 42, 3; Brev. 4, 18; CJ 7, 71; Burg.
Rom. 38, 4. Title 21, Kr.
Brev. 4, 18, 1.
3 nomen, name, account, debtor, debt. shall make his name free, M.
4 One manuscript reads: on the day before the kalends.
2
C 98 1
"Whence by Violence . . ."

wreck or robbery or fire or by the onset of some overwhelming force.
The declaration5 of any person cannot be changed contrary to the provisions of Our laws as a result of the inconstancy and instability of tricksters.
2.
Given on the third day before the kalends of January6 at Constantinople in the year of the consulship of Antonius and Syagrius.December (May) 30, 382.
3.' Emperor Theodosius declared 8 for the Official Record:

"In every case of cession of goods the declaration 5 alone
shall be required." The same Emperor declared: "In
every cession of goods the declaration5 alone of intention
is sufficient."
Given on the kalends of May in the year of the consulship of
Emperor Designate Honorius and of Evodius.-May 1, 386.
INTERPRETATION: If any person should make a cession
of his goods to another, he shall declare only that he cedes
the property or his legal claim to property," that is, he
shall make this declaration either in the public records or
in a written instrument or before witnesses, and the sole
declaration' of his intention shall suffice for complete
validity.
4.10
The validity of a cession of goods shall thus stand firm,

if a voluntary and manifest cession of any debtor" is confirmed through an evident declaration, 5 that is, if a written
instrument, under the title of such cession, is confirmed
by the voluntary declaration 5 and subscription of any
debtor" whatever who cedes his property. But if the person who makes such cession should complain of violence
or intimidation, he may institute and prosecute an action
within a year.
TITLE 21: "OF WHATSOEVER GOODS . . .
("QUORUM BONORUM...")
Petronius, Vicar of Spain.
What is so evident as the rule that there must be delivered to the heirs all the property which the decedent
had maintained in his possession until the last day of his
life, even if some contest may be granted with reference
to ownership? I. Moreover, it is established that a husband
is excluded from succession to the property of an intestate
wife when she has consanguineous kinsmen surviving,
since the responses of all the jurists as well as the law of
5 professio, the declaration of a cession of goods, similar to the

voluntary assignment in bankruptcy of the English Common Law.
6 June, M.
7 Brev. 4, 18, 2; CJ 7, 71, 6.
8 Probably in the imperial consistory.
9 causa, corresponding to the chose in action in the English Common Law.
10 A lost constitution. This quotation is from Burg. Rom. 38, 4,
which says of the passage: "According to the laws of the Theodosian Code in Book 4, under the title 'Those persons who can cede
their goods in accordance with the Julian Law.'"
x reus, debtor, accused person, condemned person. Such cessions
of goods were often made in accordance with a judicial sentence
that condemned the debtor to pay.
4-22*1
nature' itself makes such kinsmen her successors. 2. We
order further by Our everlasting sanction that all frustrative contrivances shall be annulled and the physical possession shall be transferred to the claimant without excluding a secondary action on ownership.
Given on the sixth day before the kalends of August at Milan in
the year of the consulship of Olybrius and Probinus.-July27, 395.
INTERPRETATION: We decree that it is just that what-
ever the author of a right has had in his possession until

the last day of his life shall be ceded to the heirs on their
petition, and action shall be reserved thereafter for any
properly qualified person. We ordain also that when a wife
dies intestate and without children, her husband must immediately, without any delay, deliver her property to her
consanguineous kinsmen who are the statutory heirs.4 We
do not at all forbid the husband from instituting any ac-
tions that he supposes are available to him.

TITLE 22: "WHENCE BY VIOLENCE
("UNDE VI . . .")
1.2 Emperor Constantine Augustus to Severus.
Judges shall assume in court the role of any absent person who has been deprived of the possession of any property whatsoever, and by the interposition of the formidable
assistance of their authority they shall thus protect the
absentee. I. However, the judges whom We order to assume the role of the absentee shall be restrained within
the following limits of such ministry, namely, that without any violation or change of the fundamentals of the
principal cause, they shall carefully inquire only whether
a person who has gone abroad for any reason has been
deprived of possession which was being retained for him
under any title whatever by a near kinsman, a retainer, or
a slave. Neither shall judges bar any person, who was
dispossessed while holding property in the name of any
absentee, from the institution of an action because he has
no mandate for pleading the case, nor if he is a slave, shall
they reject his standing in court because under the law
men of this status cannot plead cases. But such representatives must be permitted to bring suit even after the lapse
of the time granted by law for the recovery of possession,
and they shall be restored to interim possession3 in the
same way as if the returned owner himself had brought
action.
2. To the owner We grant the right to bring action for
the recovery of possession at any time that he may return,
because it could come about that meanwhile restitution
would be delayed on account of the faithlessness of slaves
or the negligence of near kinsmen or retainers or coloni.
For the cause of the absentee must not be prejudiced by
the fact that the time fixed by law for the recovery of
possession has elapsed, but the legal situation which was
wrongfully destroyed shall be restored and all other mat3 lex naturae, here used as the equivalent of jus naturale, a vague
term which produced much loose thinking. It commonly means the
fundamental principles of equity, especially when they conflict with
the written law.
- legitimi.
13,
I, n. 24; Brev. 4, 20; CJ 8, 4; Kr. Title 23. "Unde Vi
were the opening words of the interdict, 4, 2, n. I.

I Brev. 4, 19; CJ 8, 2; Kr. Title 22. "Quorum Bonorum
were the opening words of the interdict, 4, 2, n. I.
2 Brev. 4, 19, i; CJ 8, 2, 3.
2 Brev. 4, 20, I;
CJ 8, 5,
1.
Severus was Prefect of the City.
3 momentaria possessio, temporary possession, interim possession,

immediate possession.
E 99 1
"Whence by
4-22.1
ters shall remain unaffected for the trial of the suit.4 Judgment shall be reserved for the proper and lawful persons,
since it shall amply suffice to come to the aid of those who
are holding possession in the name of an absent person
against the violence of persons who are present.
Given on the tenth day before the kalends of November at Milan
in the year of the seventh consulship of Constantine Augustus and
the consulship of Constantius Caesar.-October23, 326.
INTERPRETATION: We especially instruct all
judges that
no person in the absence of the owners shall presume to

enter and seize their property by force, but against lawless men everything shall be vindicated through the person of the judge,' without any prejudice to the principal
suit. But if any person should allege that he has an action
against an absentee, and if the overseer or procurator or
any slave to whom the person who was abroad has entrusted the management of his property should not be
compelled to plead the cause, since his master is either
absent or failed to give him a mandate, but some property
should be taken away from him, it shall be immediately
restored to those who have been dispossessed in the absence of their master, upon their request to the court. But
when the owner himself returns from abroad, if perchance through the negligence of his slaves his property
has not been recovered, by no means shall he be prohibited from recovering possession by the aid of interim
possession,6 even though more than a year has passed. But
when everything that had been forcibly taken away in the

owner's absence has been restored to its original condition,
an unprejudiced action of the cause shall be instituted, provided that it is between persons, of course, who are legally
qualified7 and who are of full age. For it is suitable that in
this manner We should order provision to be made for the
absent against the fraudulent trickery of those who are
present.
gustuses to Potitus, Vicar of the City.

If any person without publication of a rescript 9 or without formal notification to his adversary of this rescript
should eject a peaceful possessor from his control"o by a
terror of this kind,'- he shall be penalized by the loss for-
ever of that suit which he had anticipated by violence,

after he had requested a hearing by a supplication to the
Emperor. I. Such a regulation shall also no less bind that
person who suppresses the interlocutory decree of a judge
and under the pretext of a judgment violently and with
wicked lawlessness invades the right of another, 2 and in
such case neither the violator of the rescript nor the suppressor of the judicial decree shall dare to request the revival of the suit that has once been destroyed in this way.
2. But if curators or tutors of minors on such a pretext
as that mentioned above, usually by collusion, should
forcibly enter and seize property that is due said minors,
so that such pupils or adults may be robbed of the right
4 The
principal action.
5 per personam judicis.
6 momentum, temporary possession, interim possession, immediate
possession.
7 legitimae personae.
8 Brev. 4, 20, 2; CJ 8, 4,
9 By filing it or by openly
6.
Violence . . ."
and the fruits of a suit, We aid such minors to the extent
that the blame for the lawlessness of another shall not
harm them with any loss, but immediately possession shall
be restored to the person from whom it was forcibly taken,
the curators and tutors shall be punished with deportation
for life, and confiscation of their property shall overtake
them.
Given on the day before the ides of October at Trier in the year
of the consulship of Syagrius and Eucherius.-October14, 381; 380.
INTERPRETATION: If any person should not wish to conduct his suit in such a way as to sue his adversary in an
action that is publicly disclosed, 8 and if he should disturb
the control"o of a possessor in any way, he shall be so deprived of his right to action that he shall never be able to renew this suit, since he preferred forcibly to take away property rather than to hope from the judge that he should be
heard. In a similar manner also those persons shall be deprived of all right to action who suppress the order of a
judge, who claim that they have a judgment, and in their
own presumption forcibly enter and seize the landholding
of another. But if tutors also or curators of minors by
some collusion on behalf of the affairs of such minors
should forcibly enter and seize the property of another,
with the lawlessness of which We have spoken, so that the
suit of such minors may be lost, We do not allow any
prejudice to be created against the minors by the lawlessness of the tutors or curators, but the owner shall recover
his property without delay, while the curators and tutors
shall suffer the confiscation of their property and shall
themselves be condemned to exile for life.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Messianus, Count of the Privy Purse.
We have learned that very many persons have forcibly
seized property which belongs to Our privy purse and
which had been acquired by due formality of confiscation.
We order such property to be forcibly taken from such
illegal holders and to be added to Our treasury. We punish those persons who assume, beyond the measure permitted by public decency, such contumacious haughtiness
that when they were able to bring suit, they were unwilling
to await a judgment, spurned the victory which the outcome of legal proceedings would have prescribed, and
appropriated that which their audacity had given them.
I. Therefore, if any person should be unwilling to await
the outcome of his suit, he shall lose his right of action,
and as a violent scorner of a judicial trial, he shall lose
that which he would have been able to recover by law.
2. But if any person should be carried away by his audacity
to such a point of madness that he cannot await that for
which he is about to litigate before a trustworthy tribunal,
and if before the result of judicial arbitrament he should
act lawlessly and with unwarranted presumption, he shall
be forced to pay the estimated value of the property about
which he ought to have litigated. 3. By a general law We
sanction that the foregoing regulation shall also be observed with respect to private cases."
4. Furthermore, We decree that the office of Your Magnificence shall provide that Our most sacred imperial
3.14
In court.
14 Brev. 4, 20, 3; CJ 8, 4, 7; Edict Theod. io; Edict Athalaric I;
Cassiodorus, Varia 8, 18.
15 Involving the property of private citizens, that is, of persons
other than the Emperor.
13
adducing it in court, Min. Sen., n. 25.
10 dominium, ownership, control.

1 By the possession of a rescript and the threat to use it.
12 Or: enters and seizes the property of another by force.
100
"Wherever of the Two Places. . ."

household shall await suits and shall not be forced to
bring action, nor shall it sue, but it shall endure the trial
of suits brought against it.
Givenle on the eighteenth day before the kalends of July at Trier
in the year of the consulship of Timasius and Promotus.-June 14,
389.
INTERPRETATION: We have learned that some persons
have forcibly entered and seized property belonging to
Our fisc. But We command by this manifest law that if
any person should thus forcibly enter and seize either
fiscal or private property before sentence has been pronounced by a judge and if such person should be unwilling to await the outcome of his suit, he shall lose his action
because he scorned to await the judgment. Indeed, if any
person should presume forcibly to enter and seize that
property which he was not able to obtain through justice
before a judge, he shall restore to the owner another similar
piece of propertyu7 of the estimated value of that which he
is recognized to have forcibly entered and seized before the
judgment.
4."' Emperors Arcadius and Honorius Augustuses to
Arrianus, Governor' of Liguria.

We reaffirm the benefits of the law20 whereby so great
a privilege was granted to absentees that if the status of
their possessions should be disturbed or if anything should
be forcibly taken from them, the right was granted even

to slaves, in addition to retainers, near kinsmen and freedmen, to recover interim possession' and a restoration of
the fortunes of such absentees. The judge also must protect the interests of absentees, he must provide for the immediate restoration of anything that is proved to have been
taken away, and he must not postpone the trial by any
delay. Therefore, the right of recovery shall be granted to
any person that possesses property under any name or
title, because he had the right to use such property. Thus
if it should appear that anything has been forcibly taken
from the possessions of persons in the imperial service or
of absentees, it shall be restored at the suit for recovery
of any person whatsoever.
Given on the fifteenth day before the kalends of January at Milan
third consulship of Honorius Augustus.-December I8, 396; 397.
INTERPRETATION: It is Our will that the law that provides for absentees shall be reaffirmed, so that if anything
has been taken from their possessions by any person whatsoever, the whole of it shall be restored without delay to
their retainers, close kinsmen, or slaves upon their application to the judge. Thus if an owner at his departure
should leave any of his property in the possession of such
persons, the whole of it may be vindicated by the agents
of the owner until he returns. But if any property of persons in the imperial service or of absentees should be
forcibly entered and seized, We order that it shall be restored without any delay.
5.21 The same Augustuses to Petronius, Vicar of Spain.

Neither an imperial rescript obtained by the supplication of a litigant nor an interlocutory order of a trial
judge is permitted in any way to interrupt the status of
16
Received? Theodosius and Valentinian were at Milan on June
14, 389.
17 talis res alia.

18 Brev. 4,
20 4, 22, I.
19 consularis, the judge ordinary.
21 Brev. 4, 20, 5; CJ 8, 5, 2; 7, 32, II.
20,
4.
4-23-1
possession in the absence of the holder of such possession,
because the merits of suits are revealed by the assertions
of the parties to the action.
I. Moreover, defects in title produced by ancestors persist, and the fault of the author of a right is attached to
his successor. (Etc.)
Given on the fifteenth day before the kalends of January at Milan
i8, 397.
INTERPRETATION: Neither through an order obtained
from the Emperor by a litigant nor by a decree obtained
by application to a judge shall possession of anything be
taken away in the absence of the owner, because the person in possession must first be sued and neither can a
judgment be rendered nor a suit be ended except in the
presence of the parties to the suit. For if any person
should presume to seize the property of another, that is, of
one who is absent, he shall know that for this presumption
his heirs also shall remain liable in the same way as the
author of their right.

Julianus, Proconsul of Africa for the second time. 28
An action for the recovery of interim possession6 can
be brought through any person whatsoever. However, no
surreptitious petition obtained under the pretext of acquiring possession shall prejudice the other party to the
suit, especially when the suit appears to have been instituted without the summons of a legally qualified person.'
To summon a minor shall be of no avail, since such action
must more properly be observed with respect to his
curator.
year of the consulship of Constantiusand Constans.-March 6, 414.
For the recovery of interim possesis, within the space of a year, a person of any
legal status whatsoever2 4 can conduct the suit. If a surreptitious petition should be made, it shall not be able to
prejudice the other party to the suit. Furthermore, since
the person of a minor is not legally qualified,25 an action
against a minor shall be of no avail, since such action must
rather with just cause be brought against his curator.
INTERPRETATION:
sion, 6 that
TITLE
23:
"WHEREVER
OF
THE
TWO
PLACES . . ."' ("UTRUBI . . .")

1.2 Emperors Arcadius and Honorius Augustuses to Vincentius, Praetorian Prefect of Gaul.
(After other matters.) If coloni whom any person possesses in good faith should pass to another person by
wrongful flight and should attempt to escape the necessity
of their own ignoble status, the bona fide possessor shall
first be granted assistance by a swift restoration,- and then
the case of birth status' and ownership shall be tried, without awaiting the statutory time limitations or the formal
Brev. 4, 2o, 6; CJ 3, 6, 3.
28 II in the manuscript. Some would translate: Julius
22
24
cujuslibet persona.
25
Secundus.
persona non legitima.
1 Brev. 4, 21. Title 24, Kr. "Utrubi . . ." is the opening word of
the interdict. 4, 2, n. I.
212, 19, 1-3; Brev. 4,21, I;
CJ II, 48, 13-14.
3 condicio.
4 celeris reformatio.
5 origo, commonly denotes ignoble birth status.
E101
"Wherever of the
4-23-1
notification of suit, for these formalities have no place in
suits of this kind. (Etc.)
Given on the fourth6 day before the kalends of July at Milan in
the year of the consulship of Stilicho and Aurelianus.-June 28
(29), 400.
If coloni of one person's property

should perchance flee for refuge to other masters, it is
necessary for the possessor, from whose property such
coloni are proved to have departed, first to recover his own
fugitives by the benefit of interim possession 7 without any
delay, and then the case as to their birth status' shall be
heard. Nor shall it be required in such suits that the plaintiff shall first give a written statement of the title" of the
suit, since the beginning of such litigation does not pertain to an action for recovery of interim possession. 9
INTERPRETATION:
On the third day before the kalends, according to
12, 19, 1-3.
7 momentum, temporary possession, interim possession, immediate

possession.
Two Places..."
TITLE 24: PRIVATE AND PUBLIC BUILDINGS' (DE AEDIFICIIS PRIVATIS ET PUBLICIS)
I. . . .
In regard to the servitude2 of light and air, it has been

similarly established that a space of ten feet shall be left
between the buildings of private persons, and a space of
fifteen feet between public buildings.
8
Indicating the grounds of action.
9 momentaria actio, an action for temporary possession, interim
possession, immediate possession.

1 Burg. Rom. 17, 6; CJ 8, io. Title 25, Kr.
2A servitude was a right by a non-owner in the property of
another by virtue of which the property is subject to a certain use
or enjoyment by the non-owner.
This extract is not a constitution but a quotation from CJ and
Burg. Rom., inserted here to indicate that a title was lost.
E 102 ]
+(,121/,1(

Wed Aug 5 11:43:44 2015
BOOK V
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TITLE 1: STATUTORY INHERITANCES' (DE

LEGITIMIS HEREDITATIBUS)
1.2 Emperor Constantine Augustus to Bassus, Prefect of
the City.3
It is Our pleasure that although a mother should not
have the rights that accrue to parents on account of their
children,4 a third portion of the entire estate of a child- shall
devolve upon her whenever she comes to the inheritance
on intestacy, even though there should come between' a
paternal uncle of the decedent or the others to whom unimpaired rights of agnation are extended successively, and
who will be the next following agnates by whom the
mother could have been formerly excluded6 from the inheritance by right of consanguinity. Also by a like benefit,
although a mother should have the rights that accrue to
parents on account of their children,4 a third portion of
such estate shall devolve upon a paternal uncle of the decedent or upon the uncle's son' or finally his grandson,' even
when the tie of agnation is broken, as if, perchance, the
right of consanguinity has been destroyed by the emancipation of anyone. Not without cause is it Our pleasure that
when the mother is supported by the aforementioned privilege4 and the ties of agnation have been destroyed, Our
benefit shall not be extended beyond the degree of grandson,' for otherwise, if many persons were called to the inheritance, too much would appear to be taken from the
mother and too little bestowed. I. Therefore, whether one
or several paternal uncles survive, or one or more sons7
of such paternal uncles, or even grandsons' or granddaughters, no more than one third of all the goods shall
devolve upon all of them together or upon individuals, in
each case according to their degree of kinship. 2. In like
manner, if there should be several persons by whom the
mother can be excluded, no more than one third of the
goods shall accrue to the mother as against them all. 3.
Therefore, We decree that if persons of the aforesaid kinship should survive as agnates in unlimited number, the
mother's interests shall be supported against them all, although such aid shall not be granted against the mother to
all such kinsmen, but only to certain persons included
above. Without a petition for possession of the goods"for the benefit rests upon this law and not upon action of
the praetor-they' shall immediately obtain the full ownership of the portion accruing to them, when the day for
the accrual of such portion has arrived, by simple entry, 0
I Brev. 5, I; CJ 6, 58; Burg. Rom. 10, 2; 22, 6. In this title, son

and sons are often used synonymously with child and children, just
as grandson and grandsons with grandchild and grandchildren.
2 Brev. 5, I, 1.
3 Bassus was Prefect of the City 317-319, which contradicts the
date of this constitution as given in the subscription. 2, 6, 3, n. 9.

4 jus liberorum.
5 And thus hold a prior right.
6 According to previous laws.
7 filius, filii, son, sons; child, children, n. 1.
8 bonorum possessio, usually means the judicial grant to an heir
of the possession of the goods of an inheritance or the estate of a
deceased person.
9 The mother and the agnates specified above.
10 Upon the inheritance.
*
********........
....
that is, by the appropriation of any piece of property whatsoever, or by the disclosure of their intention." As long as
they live they shall have the perpetual right of entry upon
the portion of the inheritance granted to them.
4. Indeed, if the inheritance should not be first acquired
thus by those persons whom the plan of Our indulgence
embraces, We order that nothing shall pass to their successors, but the property shall remain in the possession of
those persons who would have been able to retain it before
the issuance of this law.
Given on the fourteenth day before the kalends of January at
Rome1 2 in the year of the second consulship of Crispus and Constantine Caesars.-December (May) 19, 321; 317-319.3
INTERPRETATION: If a mother should not have
the rights
that accrue to parents on account of their children,4 that is,
if a freeborn woman has not borne three, or a freedwoman
four, living children, and if perchance such woman should
lose an only child7 who dies intestate and the child' at death
should leave, together with the mother, one or more paternal uncles, or at least several children7 or grandchildren,
of the uncle or uncles, who, however, have not been emancipated, the mother shall succeed to one third of the inheritance of her intestate child,7 and the uncle or uncles,
if there should be more than one, or their children 7 or
grandchildren,' shall vindicate to themselves two thirds of
the inheritance. But if the mother should have the rights
that accrue to parents on account of their children,4 and if,
in addition to the mother, a paternal uncle or uncles should
survive, even when such uncles have been emancipated, the
mother who has the rights that accrue to parents on account
of their children 4 shall receive two thirds of the property
of her child 7 who dies intestate, and the paternal uncle or
uncles shall receive one third. If there should be no paternal
uncles surviving, the children7 of such uncles, however
many they may be, shall divide for themselves in equal
portions share and share alike.13 But if there should be no
children7 of paternal uncles, the grandchildren' of such
uncles shall succeed, with a similar apportionment. In the
case of this succession, the present constitution alone is
sufficient authorization that, between them, the mother and
the paternal uncles or their children7 or grandchildren' shall
take exclusive possession of the goods;S if, perchance, no
person should enter upon this inheritance and those who
ought to have entered should die, this constitution excludes
their heirs from succession to the inheritance which had
not been entered upon, since this law manifestly establishes
that an inheritance which a person has not entered upon
shall not pass to his heirs. (Here an addition must be made
from the law.) 14
2.1" Emperors Valentinian and Valens Augustuses to
Auxonius, Praetorian Prefect.
Since not only a consanguineous son but even a son 7
To accept the inheritance, as disclosed by any act or statement.
At Sirmium according to 2, 6, 3; iN, 35, 1.
13 per capita.
14 A comment of the Interpreter, to guide the advocates who used
the Breviarium.
15 Brev. 5, I, 2. The inscription should
read: Emperors Valentinian,
Valens, and Gratian Augustuses.
11
12
[ 103
5-1-2
Statutory Inheritances
acquired by adoption, if no diminution of his status"6 intervenes, excludes a mother from the inheritance, so indeed, the mother shall suffer exclusion because there are
surviving brothers of the deceased. But she shall be preferred to them if they have undergone diminution of
status,"' and in that case the persons of the next degree of
kinship shall enter on the inheritance. For the constitution" of the sainted Constantine, issued to Bassus, Prefect
of the City, modified only the ancient right of the paternal

uncle, so that either if there should be one, two, or more
paternal uncles, or if one or more descendants7 of such
uncles, as far removed as grandchildren,' should survive, by
benefit of that constitution they shall succeed on equal
terms"' to one third of the estate; but We have learned
that no mention was made of consanguineous brothers.
Although the old law is manifestly preserved and the constitution ' of Constantine of sainted memory is confirmed,
it appears that it has been clearly provided by Our Clemency that in litigation of this kind, in which a consanguineous brother must be excluded under the old law, he shall
be preferred according to the aforesaid regulation; or certainly if an uncle or an uncle's descendants as far as his
grandchildren' should intervene, the modified law of the
constitutioni1 shall maintain its force and effect.
Given on the fourth day before the kalends of January at Constantinople9 in the year of the consulship of Emperor Designate
Valentinian and the Most Noble Victor.-December 29, 369; 368.
INTERPRETATION: If any man should die and leave as
survivors his mother and a consanguineous brother, that is,
one born from the same father, or even an adoptive
brother, that is, one adopted as a son in proceedings recorded before the municipal council, who is considered to
be in the position of a consanguineous brother, the consanguineous brother and the adoptive brother wholly exclude the mother from succession to the estate of their
deceased brother. But if consanguineous or adoptive brothers have been emancipated, and a brother should die, leaving as survivors his emancipated brothers and his mother,
even the emancipated brothers manifestly exclude the paternal uncles and their children' or grandchildren;' provided, however, that if the mother should have the rights
that accrue to parents on account of their children,4 she
shall take two thirds of the inheritance of her deceased
child and the emancipated brothers who prove to be survivors shall take one third. But if the mother should not
have the rights that accrue to parents on account of their
children,4 she shall receive one third and her emancipated
children 7 shall acquire two thirds, to the exclusion of the
paternal uncles.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Hilarius, Prefect of the City.
When the succession to the estate of an emancipated
daughter is in question, even if the daughter is bound
3.20
16 capitis deminutio, usually produced by emancipation of a child,

which removed him from the family and thus diminished his family
status, since he would not then be legally an heir to any part of the
family estate.
17 5, 1,
1.
M.: Thus evidently for them, of course, the old law is
preserved, and the constitution.

18 componantur, Heumann-Seckel s.v.
19 Valens was at Marcianopolis, but he could easily have made an
excursion to Constantinople.
20 Brev. 5, I, 3; CJ 6, 57, 4. CIL 8, 1219: Decius Hilarianus
Hi(lar)ius, Proconsul of Africa (375-378). G. suggests: Hypatius,
Praetorian Prefect.
under a fiduciary obligation, 21 or if she should not be

assisted by the rights that accrue to parents on account of
their children,4 the succession in its entirety shall be bestowed intact upon the children' that were born to her,
even though her death should occur during the lifetime of
their grandfather. No right to succeed to any of the inheritance shall be granted to the father and mother of an
intestate deceased daughter, since in the inheritance of an
estate belonging to a mother the right of succession of her
children' who by her father's good fortune are safe and
surviving shall suffice and more than suffice as against the
claims of all who are in the statutory line of succession.22
Given on the eleventh day before the kalends of March at Milan
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-February19, 383.
INTERPRETATION: If a daughter whom her father has
designated as the object of a trust, 2 1 that is, a daughter who
is emancipated, should die intestate and leave as survivors
her father, mother, and children,7 even though the deceased should not have the rights that accrue to parents on
account of their children,4 her father and mother shall be
excluded and only her children7 shall succeed to her inheritance. (As to what fiducia is, addition must here be made
from the law.) 4
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Constantianus, Praetorian Prefect of Gaul.
If a deceased man should leave children' of whatever sex
and number, and grandchildren' of whatever sex and number by a deceased daughter, the grandchildren' by the said
daughter shall receive two thirds of that portion which the
daughter of the deceased would have had among her
brothers and sisters if she had survived her father, and
a third portion shall accrue to the brothers and sisters of
the deceased daughter, that is, to the sons and daughters
of the person whose estate is under consideration, who are,
of course, the maternal uncles or aunts of those for whose
benefit We sanction this law. I. But if the deceased man
about whose estate We are speaking should have grandchildren' by a daughter and no children7 beyond that, and if
he should have agnates who could be preferred to the
grandchildren, the agnates shall lawfully succeed to a kind
of Falcidian fourth,24 and the grandchildren to three
fourths.
2. These same regulations which We have established
concerning the goods of a maternal grandfather We sanction with like equity for the goods of a maternal, and likewise of a paternal, grandmother; unless perchance the
grandparents should show that they were moved by just
reasons to brand their grandchildren, by express statements, as being undutiful. 3. Moreover, not only do We
reserve for the grandchildren these rights which We have
sanctioned when their grandfather or grandmother dies
intestate, but also when the grandfather or grandmother
who has such grandchildren dies testate and has passed
over or disinherited them, We grant that the same rights
4.23
21
fiduciae nomen, fiduciatam nominare, as the object of a trust;
by an emancipation executed under a fiduciary agreement (fiduciae

nomen) that the child be remancipated to the father and manumitted by him, so that the father might have a patron's right in the
child's estate.
22 ad successionem venientes.
23 Brev. 5, 1, 4; CJ 6, 55, 9; Burg. Rom.
10, 2-4; 22 (23), 9.
24 The fourth of the estate to which the children were entitled

by
the Falcidian Law, even in opposition to a testament.
104 1
Statutory In heritances
of action shall be available to the grandchildren, according
to the just measure of Our law, as are available to children that complain against the inofficious testaments of
their parents. Such actions also may be brought both on
the grounds that the testaments of their grandparents were
unjust to them and for claims which the daughter could
have made, either for property or for a matter that is
involved in litigation.
Given on the fifth day before the kalends of March at Milan in
the year of the consulship of Timasius and Promotus.-February
25, 389.
INTERPRETATION: If any person should die intestate and
leave as survivors sons or daughters, or grandchildren by

a deceased daughter, the children shall succeed to their due
portion. The grandchildren by the daughter shall lose one
third of the portion of their mother, and this shall accrue
to her surviving maternal uncles and aunts. But if any
person should die intestate and leave grandchildren by a
daughter but no children, and if he should leave a brother
5-1-7
26
into a common fund. But if they should not be willing to

bring in the dowry of their mother for division, those who
appear to have been born of a household now alien must
be content with their maternal and paternal resources.
Given on the day before the nones of October at Constantinople
third consulship of Honorius Augustus.-October 6, 396; 402.25
INTERPRETATION:
This law is similar to the one above,
but it has this further provision, that after the death of an

intestate grandfather, the grandchildren are ordered to
bring into a common fund26 the dowry which was given
to a son-in-law on behalf of a daughter, or anything which
the daughter herself received at the time of her marriage,
so that out of the dowry which has been aggregated with
the inheritance they shall receive two thirds of what their
mother would have received, or if the grandchildren do
not wish to bring this property into a common fund,2 6 they
shall be content with the property which their mother received at the time of her marriage, or with the dowry alone.
and a sister surviving, the grandsons and granddaughters
by a daughter shall vindicate three fourths of the inheritance of their maternal grandfather, and the brother or
sister of the deceased grandfather shall receive one fourth,
according to the regulation set forth in this law. If a
woman, that is, a paternal or maternal grandmother, should
die intestate and leave children and grandchildren by a
deceased son or daughter, the grandsons and granddaughters shall similarly lose one third of the portion of
their father or mother which they acquire for the paternal
uncles and aunts out of the estate of a paternal grandmother, and for the maternal uncles and aunts out of the
estate of a maternal grandmother, just as in the case of a
maternal grandfather's estate. If, perchance, both paternal
and maternal uncles and aunts should be lacking, three
twelfths shall go to the brothers or sisters of the grand-
mothers and nine twelfths to the grandchildren; but in the

case of the inheritance of the paternal grandfather, grandsons and granddaughters by a deceased son lose none of
the portion of their father. If a grandfather or grandmother in a testament should pass over grandsons or
granddaughters by a daughter or should disinherit them
for no approved reasons, an action which could have been

available to their mother against the grandfather's or
grandmother's testament, as being inofficious, shall be
granted to the grandchildren by the benefit of this law.

Grandchildren by a daughter shall succeed to their proportionate share of their grandfather's estate on the same
condition on which their mother, if she had lived, would
have vindicated her father's inheritance along with her

brothers and sisters; that is, when they have brought the
dowry of their mother into a common fund,26 they shall
share the inheritance of their grandfather with their maternal uncles, in the proportion decreed by the sacred imperial statute. No more shall be granted to them out of the
resources of their grandfather than is provided by the
sanction of the law 2 7 formerly issued, that is, one third
shall be subtracted from the portion which would have
been due to their mother if she had brought her dowry

Maximus, Prefect of the City.
When the death of a grandmother occurs and the succession to her inheritance is being considered, no inquiry shall
be made as to whether the mother of the grandchildren
underwent a diminution of status. 1 6 For in the case of such
inheritances the status and legal personality of the children
are examined only when a question arises concerning the
estate of a person who could have had authority over a
household.29
Given on the fifth day before the kalends of October at Ravenna
in the year of the ninth consulship of Theodosius Augustus and
the third consulship of Constantius.-September 27, 420.
INTERPRETATION: The emancipation of a father or a
mother shall not prejudice the grandchildren with reference to the estate of a grandmother, but after losing one
third, they shall succeed to the portion that the law assigns
them.

Albinus, Prefect of the City.
Just as a mother who is supported by the rights that

accrue to parents on account of their children4 is ordered
to give one third" to a paternal uncle who has undergone
diminution of status, 18 so likewise a mother who is supported by no benefit of this kind shall yield four twelfths
of the resources8 ' to the paternal uncle.
I. The privilege of a mother must not be disregarded in
this respect also in which We decree that the provisions of
the law3 2 of Constantine especially must be maintained,
namely, that as there can never be any just contention
against a mother in regard to the succession of a child, on
the part of any person who either comes from a prior generation or from approved persons of a succeeding generation, on the ground of agnation or of equal rights of
succession,'" with the exception of a paternal uncle or the
child7 or grandchild of a paternal uncle, so the person of
the mother shall be regarded as preferable to all the rest
according to the practice that We think has prevailed
hitherto.
28
Brev. 5,
29 otestas
25
4, 2, I; Brev. 5,
1, 5.
Corresponding to the hotchpot of the English common law.
27 5, 1,
4.
2
did not have.

30
32C
Brev. 5,
,
I, 6; CJ 6, 55, 10.
familiae, the same as patria potestas, which women
I,
7.
31 Of a deceased child's estate.
,o
i:105
5-1-7
Statutory Inheritances
We also are concerned with the just claims of an

emancipated brother, who, when his right of agnation is
unimpaired,33 wholly excludes his mother from the succession of her deceased son, but when he has undergone
diminution of status,1 6 he receives nothing at all. Therefore it is Our will that, as in the case of the paternal
uncle, this arrangement shall be made with respect to him
and his mother, namely, that he shall receive four twelfths
of the inheritance. 2. We decree by the issuance of this
sanction that Our statutes shall resolve by means of this
rule not only the doubtful fates of future questions but
also those of pending cases.
husband, however, which she obtained from the inheritance

of her deceased son, shall be vindicated by the sisters of
the deceased brother after their mother's death. If a deceased son or daughter should have children and should
leave as survivor a mother who has the rights that accrue
to parents on account of their children 4 and sisters, the
children shall succeed to the entire estate of their father or
mother, so that the mother of the deceased and the sisters
shall be considered as extraneous to this succession. This
law has also established the same rule in the case of grandchildren and great-grandchildren of children.
Given on the third day before the kalends of February at Rome

in the year of the twelfth consulship of Theodosius Augustus and
the second consulship of Valentinian Augustus.-January 30, 426.
9.38 The same Augustuses to Hierius, Praetorian Prefect.

A certain part of a constitution3 9 formerly issued must
be abrogated in order that in the matter of taking inheritances upon intestacy, husbands and wives may not be preferred as heirs or even placed on an equal footing with any
parents or near kinsmen, who are defended equally by the
prerogative of nature and that of law. For if between husband and wife there is such pure affection as is worthy of
the conjugal bond, the tiaking of a will is not so laborious
or expensive that any person should delay in giving such
support to his desires. These desires at times are conceived
with too slight discretion, so that the ancients did not concede to husbands and wives the right which is granted to
extraneous persons, and often to those who are even unknown, in respect to gifts and successions, for they judged
that as married persons are in an unstable position,40 mutual favor ought to be restrained in their case rather than
encouraged. I. But another law 4 ' which We formerly
issued in order to grant support to marriages decreed that
this whole matter was to be entrusted to the decision of
the decedent.
2. Now, however, We prohibit the husband or wife of
a decedent from coming into the inheritance on intestacy
when there are surviving parents or near kinsmen. Therefore there shall be no mention of the former law if in the
brief intervening time4 2 the inheritance of a husband or
wife should be said to have fallen to anyone on intestacy.
By the promulgation of this law it shall be made known
that married persons shall lay aside all hope of such succession which is bestowed on intestacy, unless such a situation should arise that no near kinsman can lawfully vindicate the succession of the deceased, since We esteem the
rights of marriage of whatever sort as superior to the
claims of Our fisc. (Etc.)
2.
INTERPRETATION: This law is similar to a previous one,

but because it is clearer, we have inserted it also. Indeed,
that previous law does embrace more, in that it also treats
of an adoptive son.
8." The same Augustuses to the Senate of the City of

Rome.
(After other matters.) When a mother who possesses
the rights that accrue to parents on account of their children' succeeds to the inheritance of a son or a daughter
who dies without children, along with the sister of the
deceased she shall be subject to a provision similar to that
which regulates a father's share, namely, that if she should
not exchange her former marriage bed for a later embrace, 8 she shall acquire with full legal title all the property that devolved upon her at the death of her child. If
she should choose the marriage of a subsequent husband,"
she shall hold with like validity of title such property as
had been acquired by her son or daughter from extraneous
sources, but on account of humanitarian considerations she
shall receive only the usufruct of the property from the
father of the deceased, and she shall transmit the ownership of such property to the brothers of the deceased. I.
But if a deceased son or daughter should leave children,
by all means they shall succeed by the law itself to the
estate of their father or mother. We decree that this rule
must be observed without doubt in the case of great-grandchildren also. (Etc.)
Given on the seventh day before the ides of November at Ravenna in the year of the twelfth consulship of Our Lord Theodosius
Augustus and the second consulship of Our Lord Valentinian Augustus.-November 7, 426.3
If, at the death of a son or daughter,

rights that accrue to parents on acthe
a mother who has
4
count of their children should have other daughters surviving but no son, she shall succeed to an equal share along
with her daughters, that is, the mother shall vindicate a
half portion, and the daughters, however many, shall vindicate a half. It is also provided that if the mother should
not accept another husband, she shall have the right to do
whatever she wishes with the portion which she has received. If she should accept another husband, the mother
shall vindicate with indefeasible title whatever property the
deceased son or daughter left that was acquired from extraneous sources; the portion of the estate of her former
INTERPRETATION:
Given on the tenth day before the kalends of March at Constantinople in the year of the consulship of Taurus and the one who is
to be announced.4 3-February 21, 428.44
This law establishes that all near kinsmen shall prevent a wife from succeeding to her husband
on intestacy, and similarly that they shall exclude a husband from the succession of his intestate wife. But if near
kinsmen should be entirely lacking, then the husband or
wife may succeed to one another, to the exclusion of the
fisc.
INTERPRETATION:
3 Brev. 5, 1, 9; CJ 6, 18,
40
as agnationisjus integrum.
3 5, 1, 2.
354, I, I; Brev. 5, 1, 8; CJ 6, 56, 5; 6, 55, lo-Hi.
36 Should remarry, expressed rhetorically.

37 4,
I,
I,
n.
[ io6
8, 53,
29.
As being inclined to grant favors to each other.
41 8, 17, 2, in 410.
42 Eighteen years,
4
5.
I; 6, 24, II;
39The reference is uncertain.
since the passage of that law.
I, 2, 12, n. 33.
2, 3, I, n. 4.
Estates of Soldiers
TITLE 2: THE ESTATES OF DECURIONS' (DE
DECURIONUM)
1.2 Emperor Constantine Augustus to Rufinus, Praetorian
Prefect.
If a decurion should fulfill the last day of his life intestate and without children, leaving neither a last will supported by law nor an heir of nearest degree by any other
right, his estate shall accrue to the resources of his municipal council; that is, it shall contribute to the advantage of
the order from whose body he was removed by the necessity of fate. Permission to petition Our Clemency for this
estate as being ownerless shall not be granted to any person, even though it should be proved that in actual fact
both a testament and a statutory successor are lacking;
and if any special grant of imperial favor should be impetrated, it shall be invalidated immediately.
Given on the kalends of December at Sirmium in the year of the
fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-December I, 319; 318.3
INTERPRETATION: If a decurion should die intestate,
leaving neither children nor near kinsmen, the municipal

council from whose order he has been removed by death
shall vindicate whatever he has left, so that no person shall
dare to petition the Emperors for this estate as being caducous. But if anyone should obtain such a request, it shall
not be valid. However, this law does grant testamentary
capacity 4 to decurions.
TITLE 3: THE ESTATES OF CLERICS AND
MONKS' (DE CLERICORUM ET MONACHORUM)
5.6-2
by law to the patron or to the owner 4 of a landholding' on

whose tax list one of the aforesaid men had been enrolled,6
or that they should keep property known to belong to the
municipal councils, subject to the fixed general rule and in
accordance with the tenor of a constitution7 formerly issued. Of course, the right of action shall be adequately reserved for the sacrosanct churches, if perchance any person
who is bound to one of the aforesaid legal statuses" should
die while obligated as the result of any business transactions or any other acts relating to the Church. It is provided that if any lawsuits arising from petitions9 of this
kind should be pending in the courts, such suits shall be
completely voided. After the publication of this law, no
claimant shall be allowed to enter court and to annoy the
church stewardso or the monks or the procurators, since
such a claim is rendered obsolete, and the estate which has
been left is consecrated to the very religious churches or
monasteries to which the decedent had been dedicated.
Given on the eighteenth day before the kalends of January in the
year of the consulship of Ariovindus and Aspar.-December 15, 434.
INTERPRETATION: If any bishop or other person designated in this law, or any man or woman who is a member
of a religious order should die intestate without children
or near kinsmen or a wife and should owe nothing to a
municipal council or a patron, whatever property is left by
such person shall belong to the church or monastery which
he served. If any of the said persons should wish to make
a testament, he shall have the unrestricted right to do so.
TITLE 6: THE ESTATES OF SOLDIERS' (DE

BONIS MILITUM)
Emperor Constantius Augustus to Bonosus, Master
of the Horse.
You shall inform all the field army, the legions as well
as the cavalry squadrons or the shock troops,3 that they
may know that whenever one of their members is removed
from human affairs and dies intestate without a statutory
heir, his property shall of necessity come to the squadron
of cavalry4 in which he served.
1.2

Taurus, Praetorian Prefect and Patrician.
If any bishop, priest, deacon, deaconess, subdeacon, or
cleric of any other rank whatsoever or a monk or a woman
who has been dedicated to the monastic life should die
without having made a will, and if no parent of either sex,
or children, or persons connected either by the tie of agnation or of cognation, or wife should survive, the property
which has belonged to the decedent shall be incorporated
entirely into that of the sacrosanct Church or the monastery to which the decedent had been dedicated. Excepted
from this rule shall be those properties left by clerics or
monks of either sex who are, perchance, registered in the
tax rolls,8 or persons subject to the rights of a patron or
obligated to the status of decurion. For it is not just that
the churches should retain estates or peculia that are due
1 Brev. 5, 2; CJ 6, 62. Title 3 in Kr., since he inserts in his edition
a title, number 2, entitled De Bonis Libertorum, The Estates of
Freedmen.
2 Brev. 5, 2, I; Edict Theod. 27.
8 2, 9, I, n. 4.
4 testamentum faciendi=testamenti factio, testamentary capacity,
the right to make a testament and to take under a testament. Or:

this law does grant to decurions the right to make a testament.
Given on the fifth day before the ides of May at Hierapolisin the
year of the consulship of Rufinus and Eusebius.-May II, 347.
INTERPRETATION: If a soldier without a statutory heir
should die intestate and should have no near kinsman,
those who perform military service in the same branch of
service shall vindicate his estate.
2. [Emperors Honorius and Theodosius Augustuses to

Anthemius, Praetorian Prefect.] 5
(We decree that) when one of Our provincials has acquired6 any booty that has been obtained from the plunder
4 dominus, owner, proprietor.
- Possessio, since the owner or proprietor of the landholding was
made responsible for the tax payments of such persons.
6 ascriptus,n. 3.
7 CJ 6, 4, 2.
8 condiciones, commonly used of ignoble status.
9 That is, for the estates of such decedents as being ownerless and
caducous.
10 oeconomi.
1Brev. 5, 3. Title 5 in Kr., since he inserts in his edition a title

number 4, entitled De Naviculariorum et Cohortalium, The Estates
of Shipmasters and Gubernatorial Apparitors.
2 Brev. 5, 3, I; CJ I, 3, 2o; Edict Theod. 26.
3 censibus ascripti, as obligated to the payment of the capitation

tax. Censibus ascriptus, or simply ascriptus, is the regular term for
a colonus.
1 Brev. 5, 4; CJ 6, 62. Titles 4 and 5 have been lost.

2 Brev. 5, 4, 1; CJ 6, 62, 2.
3 vezillationes comitatenses seu cunei.
4 vexillatio; or the legion, as the case might be.
5 The words in brackets are supplied from 7, 4, 30. Kr. disagrees.
6 promerere, acquire, earn, merit. The booty was taken by the
107 ]
5-6-2
Estates of Soldiers
of the barbarians and from spoils which they have seized,

he shall take it back to his home, provided that if this
booty includes persons, manifestly free or slaves, whom
the enemy has dragged away at some other time or those
persons whom the enemy may hereafter drive from their
homes, and if in the meantime, after the enemy has been
routed, the aforesaid persons can be rescued, they shall
not be held under the detestable pretext of booty, but the
judiciaF power shall consign free men to their native municipalities and slaves to their owners, in accordance with
the recent guarantee of the law.'
Given on the tenth day before the kalends of April in the year of
the eighth consulship of HonoriusAugustus and the third consulship
of Theodosius Augustus.-March 23, 409.
3. The same Augustuses to Anthemius, Praetorian Prefect.

We have subjected the Scyrae, a barbarian nation, to
Our power after We had routed a very great force of
Chuni, with whom they had allied themselves. Therefore
We grant to all persons the opportunity to supply their
own fields with men of the aforesaid race.' 0 But all persons shall know that they shall hold those whom they have
received by no other title than that of colonus, and that no
one shall be permitted either fraudulently to take anyone
of this class of coloni away from the person to whom he
had once been assigned or to receive such a one as a fugitive, under the penalty which is inflicted upon those who
harbor persons that are registered in the tax rolls"' of
others or coloni who are not their own.
I. Moreover, the owners of lands may use the free labor
of such captives; ... but no one shall be forced to undergo
a tax equalization for the tax rollsl 2 . . . ; and no one shall
be permitted to transfer such persons, as though they had
been given to him, from the obligations of the tax rolls"
to that of slavery, or to assign them to urban duties. . . .
Those who receive such persons shall be permitted, because
of the shortage of farm produce,. to retain them for a two
year period in any provinces they please, provided that
these provinces are across the sea,' 4 and thereafter to place
them in permanent homes, for which purpose their residence in the regions of Thrace and Illyricum 5 shall be absolutely prohibited to them. Only within a five-year period
shall it be permitted to make a transfer openly and freely
within the confines of the same province. The furnishing of recruitsl6 also shall be suspended during the aforesaid twenty-year period. The distribution of these people
army and distributed by the commanders to the soldiers who thus
acquired title to it.
7 judiciarius, judicial, gubernatorial, since the governor was the
judge ordinary of the province.
8 intercessio, intervention, guarantee, pledge. The new guarantee
of this law. ( ?) The meaning is doubtful. M.: the guarantee of the
recent law.
9 Zosimus 4, 34; 5, 22; Sozom., Hist. Eccl. 9, 5.
10 Reading gente.
11 censibus ascripti. See 5, 3, n. 3.

12 M.: and no one shall remove them by making a tax equalization
or provide that they shall be free from the tax rolls.
Is One of the greatest problems of the economy of the times was
that of scarcity, especially a scarcity of manpower, such as was
needed for labor and for the army.
14 From the original homes of the said barbarians.
15 Thrace and Illyricum thus appear to have been near the homes
of these barbarians.
16 Recruits for the army were regularly required of landholders
who had coloni on their estates.
throughout the transmarine provinces shall be made to

those who so wish through petitions to apply to your court.
Given on the day before the ides of April at Constantinople in the
year of the eighth consulship of Honorius Augustus and the third
consulship of Theodosius Augustus.-April 12, 409.
TITLE 7:
MINIO)
POSTLIMINIUM'
(DE
POSTLI-
1.2 Emperors Valentinian, Valens, and Gratian Augustuses to Duke Severianus.

If any persons have been led away under the compulsion
of captivity, they shall know that if they did not desert
to the enemy but were carried away by the force of a hostile invasion, they must hasten to their own lands, and
they shall recover by right of postliminium the property
in either fields or slaves which they had formerly held,
whether such property is possessed by Our fisc or has been
transferred to anyone by imperial liberality. No one shall
fear delay through any counter claim,4 since this question
only shall be asked, whether a person was with the barbarians voluntarily or through compulsion.
Given on the twelfth day before the kalends of July at Reims in

the year of the first consulship of Gratian Augustus and the consulship of Dagalaifus.-June 20 (I5), 366.
INTERPRETATION: If any persons should be led away by

the compulsion of captivity and should pass over to the
enemy,5 not of their own volition but as the result of hostile depredation, they shall have the right to vindicate and
take at the time of their return, without the counter claim 4
of any person, any property in fields or slaves which they
had previously held, whether such property is possessed by
the fisc or some of it has been given to anyone by the Emperor, provided, however, that they were not with the
enemy' of their own volition, but should prove that they
had been held in captivity.
Theodorus, 7 Praetorian Prefect.
No one shall detain against their will persons of different provinces, of whatever sex, status, or age, who have
been led away through barbarian savagery under the compulsion of captivity, but those who desire to return to their
own homes shall have the unrestricted right to do so.
I. If there should be any expenditure for clothing or
food for the use of such persons, it shall be furnished for
the sake of humanity, and no right of recovery for any
expenditure f or food shall remain. Exception shall be made
in the case of those persons who are proved to have been
purchased from barbarian vendors, for it is equitable that
because of the public welfare the price that had been paid
for the recovery of their status be restored by them to the
purchasers. For in order that the consideration of loss" may
never cause the purchase of those who are placed in such
2.6
an exigency to be refused, it is fitting that when ransomed,

such persons should either restore their purchase price to
the purchasers or should render recompense for the favor

1 Brev. 5, 5; CJ 8, 50; Burg. Rom. 41.
2 Brev. 5, 5, I; CJ 8, 50, 19.
3 A gift of the Emperor.
4 contradictio,counter claim, objection.
- adversarii; either foreign enemies or factions hostile to the
Emperors within the empire.
6 Brev. 5, 5, 2; CJ I, 4, II; 8, 50, 20; Sirm. 16.
7 Praetorian Prefect for the second time, Sirm. 16.
8 damni consideratio.
[ 1o8 ]
5-9*2
Exposed Children
by their labor, subservience, or services" during a period
of five years, and then they shall have their freedom unimpaired, if they were born in that condition.
2. Accordingly, they shall be returned to their own
homes under the regulation by which We order this to be
done, and everything is preserved unimpaired for them by
right of postliminium, in agreement with the expressed
opinions of the ancient jurists also.
3. If any overseer, chief tenant, or procurator should
attempt to resist this ordinance, he shall not doubt that he
will be consigned to the mines, and he shall suffer the punishment of deportation. But if the owner of a landholdingo
should attempt such resistance, he shall know that his property will be vindicated to the fisc and that he will be deported. In order that the execution of these commands may
proceed easily, it is Our will that Christians of the localities nearest shall have charge of this matter. It is Our
pleasure also that decurions of the neighboring municipalities shall be admonished that they shall know that the assistance of Our law must be granted when such cases
arise. All governors" shall know that ten pounds of gold
will be exacted from them and a like amount from their
apparitors, if they should disregard this ordinance.
Given on the third day before the ides of December at Ravenna
third consulship of Theodosius Augustus.-December 1z (3), 408;
409.12
INTERPRETATION: If any persons have been led away

by the enemy at the time of their captivity and have received from any person anything for food or clothing,
nothing shall be demanded of them in return for these expenditures when they wish to return to their own homes.
However, if a plunderer should receive a price for his captive, without doubt the purchaser shall recover that which
he proves that he paid. But if the captive should not have
such price, he shall serve the purchaser for a five-year
period, and after five years he shall be restored to his freeborn status without the price. When he returns to his own
home, he shall recover all his property, unimpaired and
safe.
If any person should attempt to resist this most just
regulation, he shall know that he will be deported as an
exile; and if he should be a landholder, his property shall
be assigned to the account of the fisc. Of course, it is Our
will that Christians, who ought to be desirous of the redemption of such persons, shall be solicitous for the captives. This care shall pertain to the decurions also; and all
judges shall know that they must pay ten pounds of gold
to the fisc if they should disregard the precepts of this law.
TITLE 8: FREEBORN MEN WHO WERE ENSLAVED IN THE TIME OF THE TYRANT'
(DE INGENUIS QUI TEMPORE TYRANNI
SERVIERUNT)
Emperor Constantine Augustus to Volusianus.
All men, whether they rely on their own knowledge or
on the disclosures of others, shall strive with loyal zeal to
restore to their birthrights any persons whom they recog1.2
10 dominus possessionis.
9 labor, obsequium vel opus.
11rectores, the judges ordinary of the provinces.
12 Sirm. 16.
1 Brev. 5, 6.
Brev. 5, 6,
1.
nize as having been born in a status of freedom but as

having lost their freeborn status under the tyrant,3 and they
shall not await an application to the judge. I. For if despite
their own knowledge and the most certain testimony of
many people, such persons should persist in the same obstinate avarice, they shall be punished by a very severe
penalty. 2. Moreover, it is Our pleasure that if any person
should conceal his knowledge that freeborn persons are
wrongfully enduring the compulsion of slavery, he also
shall be subjected to peril.4
Posted on the eighth day before the kalends of May at Rome in
the year of the consulship of Volusianus and Annianus.-April 24
(March 19), 314.
INTERPRETATION:
Freeborn persons who were sentenced

to slavery in the times of the tyrants shall be restored to
their freeborn status. But if anyone has knowingly kept
in slavery a freeborn person who had been assigned to
slavery in this way, he shall know that he must be punished according to the law.
TITLE 9: EXPOSED CHILDREN' (DE EXPOSITIS)
Emperor Constantine Augustus to Ablavius, Praetorian Prefect.
If any person should take up a boy or a girl child that
has been cast out of its home with the knowledge and consent of its father or owner, and if he should rear this
child to strengths with his own sustenance, he shall have
the right to keep the said child under the same status as
he wished it to have when he took charge of it, that is, as
his child or as a slave, whichever he should prefer. Every
disturbance of suits for recovery by those persons who
knowingly and voluntarily cast out from home newly born
children, whether slaves or free, shall be abolished.
1.2
Given on the fifteenth day before the kalends of May at Constantinople in the year of the consulship of Bassus and Ablavius.-April
'7, 33'.
INTERPRETATION: If any person should take up a newly
born child that has been exposed with the knowledge of
its father or mother or owner and should rear it by his
own effort, the child shall remain firmly in the power of
the person by whom it was taken up, whether this person
should wish the child whom he nurtured to be of freeborn status or a slave.

Melitius, Praetorian Prefect.
We leave to owners and patrons no avenue of recovery
if good will, the friend of compassion, has taken up children exposed in a measure to death, for no one can call
his own a child whom he scorned when it was perishing;
provided only that the signature of a bishop as witness
should immediately follow;5 and, for the sake of security,
there can be absolutely no delay in obtaining this signature.
2.4
Given on the fourteenth day before the kalends of April at Ravenna in the year of the ninth consulship of Honorius Augustus and
the fifth consulship of Theodosius Augustus.-March 19, 412.
3 Maxentius, a rival of Constantine for the imperial power.
4
periculum, an indefinite threat but one implying a severe penalty.
I Brev. 5, 7; CJ 8, 51.
Brev. 5, 7, I; Edict Burgund., de collectis (526).
3 robur, strength, vigor, maturity.
4 Brev. 5, 7, 2; CJ 8, 51, 2; Lex Visigoth.
4, 4, L.
' The person who rescues the child must immediately obtain a
signed statement from the bishop, as a witness to his claim.
2
[109
Exposed Children
5-9-2
INTERPRETATION: If any person through compassion

should take up a child, either a boy or a girl, exposed with
the knowledge of its owner or patron, such child shall remain under the ownership of the person who took it up,
provided, however, that the bishop and clerics subscribe
to an attestation with regard to such taking up. If a person should be proved to have cast forth a child to death,
he cannot later call such child his own.
TITLE 10: THOSE PERSONS WHO PURCHASE NEWBORN CHILDREN AND THOSE
WHO TAKE SUCH CHILDREN TO REAR' (DE
HIS QUI SANGUINOLENTOS EMPTOS VEL
NUTRIENDOS ACCEPERINT)
I.' Emperor Constantine Augustus to His Italians.
According to the statutes of former Emperors, if any
person should lawfully acquire a newborn child in any
manner and should suppose that he ought to rear such a
child, he shall have the right to hold it in the condition of
slavery; and if after a series of years any person should
bring an action to restore the child to freedom or should
defend his right to it as his slave, such claimant shall provide another of the same kind or shall pay a price which
can be adequate. I. For when a person has executed a
written instrument and has paid an adequate price, his
possession of the slave shall be so valid that he shall have
unrestricted power to sell him also for his own debt.
Those persons who attempt to contravene this law shall be
subject to punishment.
Given on the fifteenth day before the kalends of September at
Sofia (Serdica) in the year of the eighth consulship of Constantine
Augustus and the fourth consulship of Constantine Caesar.-August
18, 329; 319.
INTERPRETATION: If any person should purchase a newborn child and rear it, he shall have the right to keep and
possess it. Certainly, if an owner or father should wish to
recover a child that has been so reared, he shall either give
to the person who reared it a slave of the same value, or
the person who reared the child shall obtain the price
which the child that he reared is worth.
TITLE 11:1
.2
or We shall apportion this to retired veterans' or to

foreign tribes."
Given on the seventeenth day before the kalends of February at
Milan in the year of the consulship of Valentinian and Valens
Augustuses.-lanuary i6, 365.
1 Brev. 5, 8; CJ 8, 51.
2 Brev. 5, 8, I; CJ 4, 43, 2; Lex Visigoth. 4, 4, 1.
1 CJ II, 59; 5, II. Kr. supplies here the heading which M. supplies
for Title 15. Cf. 5, 15, 14; CJ 5, II, 12; II, 59.
2 The ms. of Titles II-I6 has been badly mutilated and much of
the text has been lost. The missing parts include: the first six constitutions, parts of the seventh and ninth, the whole of the tenth,
and part of the eleventh of Title ii; most of the first constitution,
and parts of the second and third of Title 12; the first twenty-nine
constitutions and the end of the thirty-sixth of Title 14; the first
thirteen constitutions, the beginning of the fourteenth, and the end
of the twenty-first of Title 15; the first twenty-eight constitutions,
and parts of the thirty-second, thirty-third, thirty-fourth, and thirtyfifth of Title 16.
3 emeriti veterani. Obviously the reference is to unoccupied lands.
4 gentes, primarily foreign soldiers in the Roman army, 7, I, n. 4.
8. The same Augustuses5 to Rufinus, Praetorian Prefect.

If any persons should choose to take possession of parcels of deserted land, they shall receive exemption 6 for a
period of three years. I. But if persons who have obtained
some of the deserted fields under a definite tax declaration
should declare a smaller amount than the reckoning 7 of
such detained landholding requires, they shall have the
right to remain, up to three years from the day of issuance of this law, in that kind of possession only which
they have voluntarily offered to assume. But after this
time has elapsed, they shall know that they will be compelled to pay the entire land tax. 2. Therefore, if any person should judge this to be to his disadvantage, he shall
immediately return the landholding, the future burdens of
which he declines to assume.
Given on the eighth day before the ides of August at Milan in the
year of the consulship of Valentinian and Valens Augustuses.August 6, 365.8
The same Augustuses to Mamertinus, Praetorian Prefect.

Since throughout Italy the burden of a tax unit 9 of unproductive land is charged upon the adjoining estates,
there is no doubt that every taxpayer10 is bearing the additional burden of a tax payment not his own. I. Therefore, a deserted tax unit of land" which lacks persons12
shall be subjected to State auction in order that it may receive future owners by competitive bidding; for . . .
92
364-365.
11.2
. . . which have been extended for a long time and are
now almost without debtors, the debts" shall be remitted.

However, the following regulation shall be observed,
namely, that first the owners" shall be summoned" by
longer periods of time and very frequent edicts, in order
that because of the hope of impunity they may be recalled
more easily to their ancestral lares and their own dwellings. Then, finally, if they should not return beforel6 the
month of May, which is sufficient time for those persons
who are at a distance and too long a time for those who
wish to return, any person who voluntarily offers himself 17
shall not be obligated for the past burden, 8 but for the
future he shall pay the ground rent 9 of the fixed taxes
Valentinian and Valens.
From taxes and rental payments.
7 ratio, apparently the rating that was established by State officials.
8 The exact day of the year is doubtful, on account of the uncertainty as to the date when the prefecture of Mamertinus ended and
that of Rufinus began.
9 jugeratio.
10 tributarius,a payer of taxes, tributum, on land.
11 jugatio, the same as jugeratio above.
12 personae.
13 debitores, delinquent taxpayers; debita, tax payments.
14 domini. Heavy penalties were prescribed for the desertion of
farm lands. Many landholders attempted to evade their ruinous taxes
by flight to some other part of the Empire. Some even sold themselves
as slaves. When detected they were arrested, brought back and compelled to resume the cultivation of their abandoned farms.
15 To return home; that is, they shall be granted a longer period
of time within which they must return.
16 intra, before, within.
17 To take over the estate of the absentee.
6
18 Of taxes.
19 annonarii canonis vectigal, the tax according to the canon of

payments in kind?
o110
Farms and Woodland Pastures

in kind, according to his portion of such landholding;
and he shall be secure in the right of ownership in perpetuity.
20
Given on the eighth day before the kalends of October at Constantinople in the year of the consulship of Emperor Designate Honorius
and of Evodius--Septenber 24 (October 25), 386.
12.21 The same Augustuses to Tatianus, Praetorian Pre-
fect of the Orient.

If any person should be eager to cultivate, for private
and public advantage alike, waste lands abandoned by the
owner, whether they are located at a distance or in the
vicinity, he shall know that Our consent will be favorable
to his desire; provided, however, that if a new cultivator
should settle upon ownerless and abandoned land, and the
old owner should wish to reclaim this land as his own
within a period of two years, the latter, after having first
repaid such expenses as the new cultivator is proved to
have incurred, shall acquire control of the land as his own.
But if a period of two years should elapse, the person who

was silent during this period shall forfeit all right of possession and ownership.2 2
Given on the fifteenth day before the kalends of October at Constantinople in the year of the consulship of Tatianus and Symmachus.-September 17, 391.22
TITLE 12: PATRIMONIAL FARMS AND

WOODLAND
PASTURES;
EMPHYTEUTIC
LANDS AND THEIR CHIEF TENANTS' (DE
FUNDIS PATRIMONIALIBUS ET SALTUENSIBUS ET EMPHYTEUTICIS ET EORUM
CONDUCTORIBUS)
I.
... the indulgences granted by Us shall remain in force,
so that there shall be paid into the fisc whatever may be

exacted, the fullest ...
third consulship of Theodosius Augustus.-November 3, 409.
2.2 The same Augustuses to Aurelianus, Praetorian Prefect.

No person at all shall be permitted to demand Our patrimonial lands situated in the Orient, to be held as his private
property, whether farm lands for the support of the border
militia3 or woodland pastures, and whether with the regular tax unchanged or with a diminution of the regular tax.
... i. No person shall obtain possession of such lands even
though he should gain this privilege through a special grant

of imperial favor granted upon a surreptitious petition,- or
even though Our liberality should voluntarily advantage
anyone as the result of his carefully planned fraud or some
other artifice; since, indeed, We decree that an emphyteuticary's own particular right may not be changed by
such a petition and that nothing may be withdrawn or
20
annonarius canon, the fixed tax payable in farm products,
annona.
21
CJ II, 59, 8.
22 The italicized part of the text is supplied from CJ. The date is
supplied by Seeck. Cf. II, 3, 5.
1 Min. Sen., n. 25; 5, II, n. 2; CJ II, 62. Kr. 12, 30?-32?
2 Nov. Th. 5, 2, I; CJ II, 62, 13. The text of this constitution is
defective and the translation is conjectural.
3 limitotrophi fundi.
5*13-1
subtracted from the regular tax, even when the estate

itself4 must be repossessed.
2. We guard against the necessity of denying future
stealthy and dishonest petitions,' and We order by a general sanction that such petitions from the beginning shall
neither be accepted nor drawn up, in order that the labor of
emphyteuticaries throughout the Orient may retain its
proper prerogative and that a new possessor may not disturb the rights of another.
Given on the nones of August at Constantinoplein the year of the
tenth consulship of Honorius Augustus and the sixth consulship of
Theodosius Augustus.-August 5, 415.
3.' Emperors Theodosius and Valentinian Augustuses to

Landholders or patrimonial emphyteuticaries who have
not purchased their estates hitherto, by the same manner of
liberality, shall by no means be compelled to purchase them,
but they shall possess them by benefit of Our Divinity,
just as though they had paid their price, so that by Our
liberality the aforesaid emphyteuticary shall have that
right which another person has acquired by paying a price.
He shall also know that this right is preserved inviolate and
unimpaired, with respect to those landed estates which he

has cultivated, if he has possessed such right either by inheritance or by the liberality of Our Divinity or by any
means whatsoever.
2. Since through the indulgences granted by Our Piety
the entire burden of delinquent taxes has been remitted
for everyone up to the eleventh year of the indiction recently concluded,6 for those years also which followed after
the tenth year of the indiction to the time to which the
burden of Our patrimonial estates continues, the exaction
of delinquent taxes shall oppress no one. 7 For . . . no one
shall be compelled to purchase the lands which he has cultivated, and We sanction that no former colonus or landholder shall suffer annoyance or disturbance about delinquent taxes of the time following.
Given on the fourteenth8 day before the kalends of July at Constantinople in the year of the consulship of Ariovindus and Aspar.June 18, 434.
TITLE 13: FARMS OF THE PRIVY PURSE

AND WOODLAND PASTURES OF THE DIVINE IMPERIAL HOUSEHOLD' (DE FUNDIS
RET PRIVATAE ET SALTIBUS DIVINAE DOMUS)
1.2 Emperors Constantius and Constans Augustuses on the
Edict of the Heliopolitans.
All men shall know that those landholdings which they
are known to have purchased from Our fisc shall not be
repossessed by Us through any law, but that such landholdings shall be possessed by them with all due validity
and transmitted to their descendants with indefeasible

ownership in perpetuity.
Given on the day before the ides of February at Antioch in the
year of the consulship of Marcellinus and Probinus.-February12,
34'.
4
6
Reading praedium ipsun with Kr.
5 CJ 11, 62, 12.
September I, 427-September I, 428. Cf. II, 28, 16.
7The text is uncertain and the translation conjectural.

8 The twelfth according to II, 28, 15.
1 CJ II, 66.
2 CJ II, 66, 1. M: . .. Augustuses,
an Edict,
1iI
II,
16, 3, and n. 7.
Farms and W oodland Pastures
5.13*2
The same Augustuses to Euprycius, Fiscal Representative.

We have ascertained that taxable land units which some
persons acquired legitimately from the fisc through sales at
State auctions are being brought before the public and
reconsidered, although it has been settled that a person
holds an absolutely indefeasible title to landholdings and
villas which he lawfully acquired during the time of Our
Serenity and that he transmits such estates to his descendants.
2.

year of the consulship of Marcellinus and Probinus.-February12,
34'.
3. Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.

All property which was transferred from Our patrimony and placed in possession of temples' by the authority
of the Emperor Julian of sainted memory, We order to be
restored with full legal title to Our privy purse, through
the offices of Your Sincerity.
Given on the tenth day before the kalends of January at Milan in
the year of the consulship of the sainted Jovian and of Varronianus.
-December
23, 364.
4.4 The same Augustuses to Florianus, Count of the Privy

Purse.
To the resources of the provincials We assign the landholdings of Our privy purse, that is, We grant that from
the estates belonging to its domain each person may choose
whatever estate he may wish and hold it with perpetual
right, and We retain in the control of the privy purse only
the palaces everywhere. i. Those persons who are moved
to ask for these estates on account of their advantage shall
go to the office of Your Devotion and indicate in their
petitions the amount that they are considering, and they
shall be assured that each villa, along with its equipment'
and the legal status6 to which it is now obligated, shall pass
to the ownership of the new owner. If he should add anything to such property by his expenditures, care, and skill,
for any increase in slaves and flocks he shall not sustain
any increase of the capitation tax or the regular land tax,
but such good fortune shall accrue to the owners alone
and the heirs of the owners. 2. Furthermore, the aforesaid persons shall not be obligated, as are others, to pay
the glebal tax or the tax payments of gold and silver, but
they shall perform only that loyal service which is demanded by the customary fixed land tax, reckoned on the
basis of the tax payment in kind7 and the public tax list.
3. If any person should fail to make the payments due
in any year, he shall be compelled, without any delay, to
pay out of his other property the delinquent taxes which
clearly remain. 4. Certainly, if it should be established hereafter that a person has become unable to pay8 and that he
does not render payment of the rent as is expedient, the
property which he has received from Our privy purse
3 The Emperor Julian had repealed most of the anti-pagan legislation of the preceding Christian Emperors and had restored to the
temples much property that had been confiscated.
shall be transferred to another person who is able to pay,"

by whatever title We sanction. But the new owner shall not
be burdened by the delinquent tax payments of any defaulter.
March
12,
364-368.10
TITLE 14: VARIOUS URBAN AND RUSTIC

ESTATES; ALL THE INCOME OF MUNICIPALITIES' (DE DIVERSIS PRAEDIIS URBANIS ET RUSTICIS ET DE OMNI REDITU
CIVILI)
30.2
Emperors Valentinian, Theodosius, and Arcadius Au-
gustuses to Cynegius, Praetorian Prefect.

If any person should cultivate and equip waste landwhich belongs to the imperial patrimonial domain and
should make it fertile and useful, he may defend his right
to hold it by perpetual and private ownership, but subject
to the patrimonial fixed land tax thereon, he may hold it
for himself, and he may leave it to his descendants, just
as though it were a family estate, acquired by succession
from his ancestors. Neither by the promulgation of a
rescript nor by reverence for a sacred imperial annotation
shall any person deprive him of the fruits of the labor that
he has expended.
i. But We order that if any persons should now hold or
should presume to select rich and fertile lands, they shall
pay the entire amount of the current dues, that is, for the
waste portion.3 Likewise, if any persons by emphyteutic
title should hold lands not entirely fertile but not altogether waste, they must accept a just and proper amount
of those lands also which need assistance, and after a twoyear period of exemption, according to the amount of time
that has been granted to them, they shall remember that
they must pay the regular tax thereon. 2. But if any persons of their own free will should make their choice according to Our orders and if any of them have not already
vindicated any rich or profitable land but have received
only bare and abandoned tracts, they shall pay the regular
tax due after the permitted exemption of three years.
3. Moreover, no person shall be prevented by the opposition of any position of honor or power from taking
by right of permanent possession4 waste3 patrimonial lands,
with the intention of paying the tribute and regular taxes
of these lands; but he must take especial care to choose first
lands which are near his own and in the same district. If
he should find no lands which are adjoining his own or
situated in the same district, then he may take lands situated
farther away, but with consideration for the space between
these lands, so that they shall adjoin each other as far as is
possible. He shall receive such lands with moderation and
equity, in order that what will be to the advantage of all
may be done with the approval of all.
Honorius and of Evodius.-October 25, 386.2
9 idoneus, solvent, financially responsible.
10 5, 15, 18.
1 Kr. gives this heading to Title 23, but the material herein is
4 CJ iI, 66, 2; II, 62, 4.
5 dos, equipment, payment, canon. Or: assured that for each villa,
that shall pass, M.
6 forma, form, size and shape of the estate as officially determined;
legal status.
7 annonariafunctio.
8 minus idoneus, insolvent.
embraced in his Title 13, 30-36. CJ ii, 59.

25, 17, 2; 5, II, n. 2; CJ II, 64, I; II, 59, 7. Constitutions 1-29
have been lost.
3 fundus defectus, a deserted farm, waste land.
4 ad diacatochiae vicem, possession by permanent tenure, as an
emphyteuticary. Glossary, s.v. emphyteusis.
E 112
Deserted Lands; Sterile Lands

31. The same Augustuses to Florus, Praetorian Prefect.
Woodland pastures, farms, and lands that belong to the
patrimonial domain which are situated in the regions of the
Orient are said to be harassed by very great expenditures
on account of the confused collection of the annual tribute
and to be oppressed by an enormous mass of delinquent
taxes, because their administration has been transferred to
the judges ordinary5 and offers a more extensive opportunity for plundering. Therefore Your Illustrious Authority shall order the aforesaid lands to be recalled to the administration of the fiscal representatives.
Given on the ninth day before the kalends of . .. at Constantinople in the year of the consulship of Timasius and Promotus.February 22, 382; 389.6
32. The same Augustuses to Rufinus, Praetorian Prefect.

Once patrimonial lands have been applied for and delivered, the lessees shall by no means be permitted to return
them; and if at any time by any authority whatever such
lessees should gain a privilege of this kind, they shall not
enjoy the rights which they impetrated in fraud of the
public.
Given on the eighteenth day before the kalends of August at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-July 15 (16), 393.

The emphyteutic right, by which landed estates belonging
to Our patrimonial domain or the privy purse are assigned
to possessors in perpetuity, is maintained, not only by Our
orders but also by those of Our predecessors, as so indefeasible that once an estate has been delivered, it can never
be occupied by Us or by anyone else while the others are in
possession.
i. But since it has come about through the arrogance of
wicked men that all the best lands are serving their greed
for gain and profits and such inferior fields in the province
are left as none of the aforesaid men deign to hold, Your
Sublime Magnificence shall establish for the judges,5 their
office staffs, and the defenders7 the following penalty,
namely, that unless they come to the aid of the abandoned
and inferior lands by combining them with profitable lands,
they shall know that they must sustain the fine and penalty
which has been promulgated.
Given on the third day before the kalends of August at Constantinople in the year of the third consulship of Our Lord Theodosius
Augustus and the consulship of Abundantius.-July 30, 393.8
34.9 The same Augustuses to Rufinus, Praetorian Prefect

of the Orient.
Those persons who have received patrimonial lands in
private ownership, with the regular tax rate unchanged,
shall know that the following option is offered to all of
them, without the exception of any person, namely, that
either they shall not refuse to receive and to hold tracts
of which the soil is less fertile, along with the tracts from
which they reap richer fruits, or, if they avoid the sterility
of those less fertile lands, they shall surrender the richer
lands.
Given10 on the eighth day before the ides of November in the
Metropolis of Tyre in the year of the third consulship of Arcadius
Augustus and the second consulship of Honorius Augustus.-November 6, 394.
5 The governors of the provinces.
6 Florus was Praetorian Prefect 380-383.
9
87, 4, 20.
CJ I1, 59, 9.
10
Posted, M.
5.15-15
Hadrianus, Count of the Sacred Imperial Largesses.

It has been determined that one third of the regular tax
which is paid annually from parcels of land and estates of
a municipality12 is sufficient for the restoration of the
public walls." i. Therefore We permit nothing at all to be
taken in the name of the municipalities from the public
revenues 4 which always used to furnish entirely the expenses of Our treasury.
Given on the eighth day before the ides of August in the year of
the consulship of Olybrius and Probinus.-August 6, 395.
36. The same Augustuses to Eutychianus, Praetorian Prefect.

In accordance with the command of a law'- that We
renew, We direct that when a person is found to hold patrimonial lands, he shall either prove that he has a house in
the City of Constantinople, or if he does not have such a
place or is shown to have it in fraud of the law, if he
wishes to be counted as dishonest gain that place which
is a blemish rather than an ornament for the most noble
City, he shall be compelled through the power of Your
Magnificence to build the aforesaid house within a year,
if he cannot endure the forfeiture of his landholdings ...
We also order those persons to be bound by a like condition who in accordance with the lawl6 of Our sainted
father ... some from the aforesaid right ...
396-4o5.
TITLE 15: ALL DESERTED LANDS; WHEN

STERILE LANDS ARE CHARGED UPON FERTILE LANDS' (DE OMNI AGRO DESERTO ET
QUANDO STERILES FERTILIBUS IMPONANTUR)
Emperors Valentinian and Valens AugustusesS
14.2
. . .
. . . by pledging the fields they have strengthened the

guarantee of public security, certainly, once they have
received these fields, they shall retain them after the period
of exemption has elapsed, with the payment of the ground
rent' unchanged.
Given on the seventh day before the kalends of June in the year
of the consulship of the sainted Jovian and of Varronianus.-May
26, 364.
15. The same Augustuses to Mamertinus, Praetorian Pre-
fect.
With reference to the emphyteutic estates which have
been leased by the former Emperors to men of Senatorial
rank and to various persons besides, on condition that a
fixed yearly ground rent4 from these estates should be paid
to the treasury, Your Magnificent Authority shall know
that the bidding for these estates, which was recently established, shall be discontinued, and they shall be retained by
their former possessors without any increase resulting from
1115,
1s 4,
14
1,
33;
CJ
II, 70, 3.
12 res publica.
13, 5, n. I I.
vectigalia, revenues, ground tax, impost, ground rent.
15 A lost law of Constantine that was repealed by Nov. Th. 5, 1.

16 Of Theodosius I. The reference is uncertain.
1 CJ iI, 59; II, 65. Kr. gives this heading to Title ii, but the
material herein is embraced in his Title 12.
25, 11, n. 2; CJ II,
59, 3.
3 The italicized words are supplied from CJ.
4 vectigal, ground rent, ground tax, revenues, imposts.
E 113 1
Deserted Lands; Sterile Lands
5-15-15
bidding. If any estates should fall into tf e fortune of forfeiture" and should be held in full owners hip by private persons occupying them from the year of the consulship of
Leontius and Sallustius,6 they shall again acquire their
earlier legal status.
gard to the amount of rent, the name of the lessee, and the
amount of the inventory. 18
Given on the fourth day before the kalends of August at Sirmium

in the year of the consulship of the sainted J ovian and of Varronianus.-July 29, 364.
19.
16. The same Augustuses to the Provinc ials of Byzacium.

We decree that by no means shall an emphyteutic estate
pass to another person before the fault of forfeiture5 has
been incurred. (Etc.)
shall return to their ancient status and shall be subject to

the former payments, in order that they may not be released in any way from the emphyteutic and patrimonial
title and be held as though by private right. The governors-6
of the provinces and the fiscal representatives shall be admonshed that they shall know that special rescripts 17 shall
not be admitted contrary to the advantages of Our largesses. Only those estates shall be excepted which We have
ordered to remain in Our privy purse in accordance with a
law'-" formerly issued on this matter.
Given on the day before the ides of Septemb,er at Aquileia in the

year of the consulship of the sainted Jovian and of Varronianus.September 12, 364.7
17. The same Augustuses to Mamertinus , Praetorian Prefect.

Concerning emphyteutic or patrimonial estates, the sainted Julian" issued a well-advised law, na nely, that such of
these estates as had passed into the owr ership of private
persons or were held under leases fro n the fisc with a
diminution of the regular tax of their c lass should be returned to their ancient status. i. Some o f the judges have
interpreted this law more perversely tha n the public welfare demanded, since they ruled that th ose persons who
abstract such estates from Our privy pu rse would satisfy
the law only when it made no difference to the revenues 4 1of the fisc whether such estates were po ssessed by private
or by emphyteutic title. 2. Therefore, alt hough We regard
it to be more prudent that the estates sh all remain' in the
same status in which they had been befo re the law of the
sainted Julian,8 nevertheless, as to those estates concerning
which he decreed nothing specifically, Your Authority
shall grant speedy assistance and shall order that they be
restored by those persons to whom ever ything was freely
given thereafter.'o Certainly, as to all the other estates
which the prodigality of recent Emperor s has either given
with perpetual title or permitted to be held by emphyteuticaries with a diminished regular tax, Your Authority
shall command that the edict of the afo rementioned Emperor shall be valid.
Given and posted at Rome on the sixth day before the kalends of
November in the year of the consulship of the s ainted Jovian and of
Varronianus.-October27, 364.
18.11 The same Augustuses to Count Flo rianus.
Whenever estates that are held by emph yteutic right have

incurred the fault of forfeiture5 by statut ory acts and must
be submitted to the cry of the herald," ( urIf
be consulted about any increase in the an ount bid; and no
person who has outbid all the others shall obtain the
strength of perpetual validity for his ow iership before the
judgment of Our Tranquillity has been c onsIuLed in a oya
manner and has prescribed what must be observed in re-
Given on the fourth day before the kalendsl4 of March at Trier in

the year of the consulship of Valentinian and Valens Augustuses.February 27 (March 12), 368; February 26, 370; 373.
The same Augustuses to Germanianus, Count of the

Estates that are held by emphyteutic or patrimonial title"'
Given on the fifth day before the kalends of August in the year of
the consulship of Valentinian and Valens Augustuses.-JUly 28,
365; 368.

It is Our pleasure that holders of emphyteutic and patrimonial estates,' 5 at whatever time they wish and are able
to do so, provided that it is not oftener than three times in
any one year, shall deliver as much of their rental payianetor.
etilyfteficl
inamun
theshave
ments asfofthey
ready ito the
office of the fiscal representative. As is customary, they shall also receive on the
same day from the said fiscal representative a receipt 20 for
the amount received, provided that the total amount shall
be paid into the public accounts before the ides of January." The office staff2 2 shall be subjected to a very
severe penalty if it should refuse to perform the duty of
acceptance for any person who desires to make payment at
any time of the year, provided only that the taxpayer does
not exceed the number of three payments, or if it should
delay issuing a written receipt. 2 3 i. In regard to such
neglect of duty it shall be proper for the landholders 2 4 to
make attestation before municipal curators or magistrates
or whoever has the power to execute public records" in
their districts, in order that the facts may be established
concerning the arrogance of the office staff upon which
punishment shall be inflicted, and that wise provision may
be made for the landholders.
20.19
Given on the fourteenth day before the kalends of June at Reims

ithe year of the consulship of Emperor Designate Gratian and of
Dagalaifus.-May 19, 366.
any person should demand patrimonial or emphyteutic estates, he shall know that his name must be referred
to Our Clemency in order that he may suffer the brand of
entheca, equipment, inventory, capital of the lessee.

The ides of March in CJ. Cf. 5, 13, 4.
15 Patrimonial estates of the Emperor that were held under the
regular terms of rental for such estates.
16 rectores.
17 M.: unless rescripts are special, they shall
not; Min. Sen., n. 25.
18 This law has not been identified.
19 CJ iI, 65, 4.
20 securitas, a written receipt or voucher of payment accepted.
21 January 13.
22 Of the fiscal representative.
28 chirographum securitatis.
24 Of emphyteutic and patrimonial estates.
25 To conduct legal proceedings, acta,
2, 4, 2, 11. 13.
13
'"
5 Estates held on lease from the Emperor might be forfeited, or

escheat: "fall into the fortune of forfeiture," or "incur the fault of
forfeiture," if the lessee failed to meet his promised payments.
6 344 A.D., twenty years previously.
7 Jo, lo, 9; II,
19, 3; 12, I, 59-60; 16, 2, 17.
8 Min. Sen., n. 24.

9 M. inserts ne, making this a negative sentence.
10 Or: by whom all things were paid, that is, all taxes and dues.
11 CJ II, 62, 4. Florianus was Count of the Privy Purse.
12 As he proclaims an auction.
E 114 1
Fugitive Coloni, Inq uilini, and Slaves

sentative or his office staff should suppose that a landed
estate of this kind should be transferred to any person
through collusion, they shall know that they will suffer the
supreme penalty and that their property will be confiscated.
Given on the day before . . .- 368-370; 367-369.
TITLE 16: FARMERS AND SLAVES OF THE

EMPEROR, OF THE FISC AND OF THE PRIVY
PURSE' (DE AGRICOLIS ET MANCIPIIS DOMINICIS VEL FISCALIBUS SIVE REI PRIVATAE)
29.2
... the regular taxes of estates that belong to the privy

purse3 and the taxes payable in kind of the emphyteutic
estates . . . shall be paid to the sacred imperial largesses;
that tax also which was imposed upon those estates or the
estates that belong to the privy purse, in addition to the
ancient regular tax, as the result of the tax equalization
shall be paid to the largesses of the privy purse.
the consulship of the Most Noble Theodorus.-June 27, 399.
30. Emperors Arcadius, Honorius, and Theodosius Augustuses to Silvanus, Count of the Privy Purse.
Those persons who hold with perpetual title landed
estates belonging to Our household shall be required, according to the tenor of the present law, to pay more
promptly; then4 also all the delinquent taxes which have
remained unpaid until now because of the negligence of
the palatine office shall be exacted with equal care and
brought immediately to Our private treasury.
Given on the nones of October at Ravenna in the year of the consulship of Stilicho and Anthemius.-October 7 (5), 405.5
31. The same Augustuses to Volusianus, Count of the

Privy Purse.
Our Serenity has decreed that every landed estate must
be recovered which is shown to have come into the possession of any person whatsoever from Our privy purse, even
that which has been given by direct grant,6 from the time
when the father of Our Clemency exchanged his then
human eternity for a celestial eternity.7
Given on the third day before the kalends of December at Ravenna in the year of the consulship of Bassus and Philippus.-November 29, 408.
32. Emperors Honorius and Theodosius Augustuses to

Cerealis, Count of the Privy Purse.
Lest the eternal imperial household should be stripped
of all its patrimony as the result of sales, it is Our will that
the regulation 8 of the time past shall be annulled, so that
sales shall cease and the eternal imperial household shall
retain all the landed estates which remain in its possession
on the day of the promulgation of this law. However, by
a thoughtful ordinance We command that the regulation
1 Kr. gives this heading to Title 21, but the material herein is
embraced in his Title 13, 39-45.
2 The first twenty-eight constitutions and part of the twentyninth have been lost, 5, II, 7, n. 2.
3 Res P. in the MS may mean either res privata, the privy purse,
or res publica, a municipality.
4 M.: in perpetuity.
5 October 5, M.
6 M.: whether given by direct grant or otherwise.
7 A Byzantine way of saying when
Theodosius I died, in 395.
85,
13,
5-17-1
shall be established that if the prices which have been paid

by purchasers are retained within the provinces and not
to the most sacred ...
408-4II.
33....
. . . as proposed in the form given above, they shall
know that the same things will be furnished to the purchasers within a period of a year. But to no person who has
exceeded this time in making a purchase shall they vindicate the prerogative for themselves. However, no person
shall doubt that what he has purchased will remain firmly
in his possession and in that of his successors in perpetuity,
subject to payment of the regular tax.
Given on the ides of June at Constantinople in the year of the
fourth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.-June 13, 4U1.
34." Emperor Theodosius Augustus and Valentinian Caesar to Valerius, Count of the Privy Purse.
If anyone in the Thebaid . . . purchases an estate belonging to the imperial domain from any other persons,
successively, who are of the same status, and if he purchases the fields according to the tenor of the aforesaid
constitution, he shall be permitted to hold them securely,
provided that sureties by ... of this kind ... certain extraneous persons . . . i. But whenever it is Our pleasure
that land which belongs to Our private patrimony shall be

sold to some colonus, it shall not be sold to one alone, who
might perhaps become burdensome and annoying to his
associates, but two or more others coming from the same
condition of birth"o and legal status" shall be associated
with him in the aforesaid purchase.
the eleventh consulship of Theodosius Augustus and the consulship
of Valentinian Caesar.-December 13, 425.
35. The same Augustuses to Johannes, Count of the Privy

Purse.
The estates which belong to the private ownership12 of
the divine imperial household to be sold . . . We decree,
with the exception of the palaces and those landholdings ...
426-429.
TITLE 17: FUGITIVE COLONI, INQUILINI,

AND SLAVES' (DE FUGITIVIS COLONIS, INQUILINIS ET SERVIS)
Emperor Constantine Augustus to the Provincials.
Any person in whose possession a colonus that belongs
to another is found not only shall restore the aforesaid
colonus to his birth status' but also shall assume the capitation tax for this man for the time that he was with him.
i. Coloni also who meditate flight must be bound with
chains and reduced to a servile condition, so that by virtue
of their condemnation to slavery, they shall be compelled
to fulfill the duties that befit freemen.
1.2
Given on the third day before the kalends of November in the

year of the consulship of Pacatianus and Hilarianus.-October30,
332.
CJ II, 68, 6.
to origo, commonly denotes ignoble status.
1 jus.
12 The privy purse.
1 Brev. 5, 9; CJ 6,
2
rev. 5, 9, I.
I; II, 64; Burg. Rom. 6, 2. Title 15, Kr.
3 origo.
115
Fugitive Coloni, Inquilini, and Slaves
5-17-1
INTERPRETATION: If any person should knowingly detain in his own household a colonus that belongs to another, he shall first restore the man himself to his owner,
and he shall be compelled to pay his tribute f or as long a
time as the man was with him. But the colonus himself
who was unwilling to be what he had been born shall be
reduced to slavery.
2.4 Emperors Gratian, Valentinian, and Theodosius Augustuses to Cynegius, Praetorian Prefect.
If any person through solicitation should receive a
colonus belonging to another or by concealment should
harbor him, he shall be compelled to pay six ounces of
gold for him if he is a colonus belonging to a private person, and a pound of gold if he is a colonus belonging to an
imperial patrimonial estate.
Honorius and of Evodius.-October 25, 386.5
INTERPRETATION: If any person should either solicit or
harbor a colonus that belongs to another and if by his
solicitation he should receive a man that belongs to a private person, he shall pay to the man's owner six ounces of
gold; if he should solicit and detain a fiscal colonus, he
shall be compelled to pay a pound of gold.
. . . to Florentius, Count of the Sacred Imperial Largesses.

But if a master should know that the slave or colonus of
3.6
another person, provided that he belongs to Our region,7
is dwelling in his house or on his land and should not present such slave or colonus to the judges, or if he should be
admonished by the master of the fugitive and should neglect
to consign the slave or colonus to him, he shall incur a fine
as an unjust holder of property.
386-387.
TITLE 18: INQUILINI AND COLONP (DE INQUILINIS ET COLONIS)

If a person who is a colonus or inquilinus by birth
status3 has departed from a landholding thirty years before
and if, through a continuous period of silence, he has not
been brought back' to his native soil, every unfounded
action5 against him or the person who perchance now possesses him shall be completely excluded. It is Our will that
this same number of years shall be observed likewise for
future times.
I. But if within this period of thirty years any colonus
by birth status' has departed from a landholding, whether
he escaped through flight or was abducted by his own wish
or through solicitation, and if there should be no doubt
concerning his status, We order that all controversy shall
be removed and that he, together with his family, 6 shall be
1.2
4 Brev. 5, 9, 2; CJ II, 64, 2.

- 5, 14, 30.
7 Probably
6 Burg. Rom. 6, 2.
a spurious addition of Burg. Rom.
I Brev. 5, 10; CJ 11, 48. Title 16 in Kr.

2 Brev. 5, 10, I; CJ II, 48, 16; 8, 16, 8; 1', 59, 13; Burg. Rom.
6, 4; Edict Theod. 65-68.
3 originalis, originarius, commonly refer to ignoble birth status.
4repetitus est, is sued for return.

6 origo.
5 calumnia.
116
restored without delay to the status to which he was born.

2. But if perchance the man whose ownership is contested should be destroyed by the lot of fate, We command
that, with swift execution of the order, his offspring shall
be recalled to the legal claims of the fields,7 along with all
their peculia and wages," just as though the man who had
died were surviving.
3. In the case of women, to be sure, it is Our will that
there shall be a different regulation. Thus if women who
are proved to be colonae by birth status' have departed
twenty years before from the land to which they were
obligated,7 all right of recovery shall cease. But We do not
permit the owners to lose their right to recover those
women who are proved to have departed within the af orementioned period of time9 and concerning whose status
there is no doubt. However, this condition shall be observed, namely, that a substitute woman shall not be refused, together with a third part of the offspringo of the
fugitive colona, that have been begotten by a colonus belonging to another, provided that substitutes for the children may also be furnished. 4. But if such woman did not
settle upon another person's landed estate, but obtained a
union with a man who is free and legally independent,
with the intention of living in the city or in any other district, and if her return is demanded within the specified
time, in accordance with the ancient constitutions, all her
progeny shall be recovered. 5. Moreover, We decree that
in the case of persons that seek recovery, their suits when
once attested shall be valid,"' provided that they prove that
they have formally instituted an action.
Given on the sixth day before the kalends of July at Ravenna in
the year of the consulship of Monaxius and Plinta.-JUne 26, 419.
INTERPRETATION:
If any person should hold for thirty
years on his own property another person's colonus, who

either escaped by flight or departed of his own will, he
shall have the right to vindicate him as his own. But if
such colonus should be found before the end of thirty
years, he shall be recovered by his owner, along with the
children which are owing to him according to the law and
his entire peculium. But if perchance he should die, his
children shall be recovered by the owner, along with their
wages' and those of their deceased father. Likewise if a
colona should remain for twenty years under the dominion
and ownership of another person, her return shall not be
demanded by her former owner. But if she has been found
before the end of twenty years and if she has children by
a colonus of another person, she shall be recovered along
with a third of her offspring,1 0 since two thirds of the offspring follow the colonus. 1 2 Surely, in order that dissolution of a marriage may not occur, We order that the person to whom the colonus belongs shall furnish to the owner
of the colona a substitute woman and compensation for a
third of her children. But if a woman belonging to another
should marry a freeborn man, all of her offspring shall
belong to his ownership." (Whatever is lacking here about
the offspring of a colona is found in the Novels.14 )
7 jus agrorum. The coloni were in a sense slaves to the soil rather
than chattel slaves.
8 mercedes, wages movable property.
9 Less than twenty years.
10 agnatio, commonly used of descendants through the male line.
31 salvus.
12 Who is their father.
13 dominium.
14
A comment by the Interpreter for the benefit of the advocates
of his day.
On a single loose leaf of a manuscript, a garbled constitution is
5-20-1
Long Established Custom

TITLE 19: A COLONUS SHALL NOT ALIENATE HIS PECULIUM OR INSTITUTE A CIVIL
SUIT WITHOUT THE KNOWLEDGE OF HIS
MASTER' (NE COLONUS INSCIO DOMINO
SUUM ALIENET PECULIUM VEL LITEM INFERAT CIVILEM)
1.2 Emperors Valentinian and Valens Augustuses to Clearchus, Vicar of Asia.
There is no doubt that coloni do not have the right to
alienate the fields that they cultivate, to the extent that
even if they have any belongings3 of their own, they may
not transfer them to others without the advice and knowledge of their patrons.
Given on the sixth day before the kalends of February in the year
of the consulship of Valentinian and Valens Augustuses.-January
27, 365.
found, which the writer apparently intended for insertion here. It

reads:
Chapter xii of the Theodosian Code, Book vi (sic)
THE DIVISION OF OFFSPRING BETWEEN TWO MASTERS (DE AGNATIONIBUS DIVIDENDIS INTER DUO
DOMINOS)
The offspring of a colonus and a colona shall be divided between
them and the two masters as follows: the master of the colonus
shall receive two thirds of the offspring and the master of the
colona shall receive one third of the offspring. If the colona should
receive a freeborn man (as her consort), all the offspring shall
follow the mother. If a slave should receive a freewoman (as a
consort), all the offspring shall follow the father of the children.
When the union is unequal, the offspring shall follow the mother.
In the division of offspring, the father shall be the first to receive
the first part of the division, and the mother shall receive the
second part, if they were united as was said above.
This constitution is evidently spurious and is interpolated from
Nov. Val. 35 and its Interpretation.
1 Brev. 5, II;
2 I,
z8,
2;
CJ II,
Brev. 5,
II,
50; Burg. Rom. 14, 6. Title 17, Kr.

I.
3 propria.
INTERPRETATION: Coloni are held obligated to their
owners in all things, to such an extent that without the

knowledge of their owners they may not presume to alienate either any of the land or any of their own peculium.
TITLE 20: LONG ESTABLISHED

(DE LONGA CONSUETUDINE)
CUSTOM'
1.2 Emperor Constantine Augustus to Maximus.
To insist upon the ancient customs is the discipline of

future times.3 Therefore, when nothing that is in the public
interest interferes, practices which have long been observed shall remain valid.
Given on the fourth day before the kalends of March at Constantinople4 in the year of the fourth consulship of Julian Augustus and
the consulship of Sallustius.-February26, 363.
INTERPRETATION: Long established custom shall be observed as law when it does not interfere with the public
welfare.
4 A constitution has been lost. For the form as revised by Justinian's Codification Commission, see CJ II, 50, 2. Of this lost
constitution Burg. Rom. 14 (15), 6, says: "Neither a slave nor a
colonus can sell his own peculium. Furthermore, the purchasers
shall be held liable to an action on theft according to a constitution
of the Hermogenian Code . .. and a law of the fifth book of the
Theodosian Code, as issued to Nebridius, Vicar of Asia, under the
title, 'A colonus shall not alienate his own peculium without the
knowledge of his master and shall not bring a civil suit against his
master."' According to II, 30, 56, and CJ 7, 62, 28, Nebridius was
Proconsul of Asia, but according to CJ II, 50, 2, he was Count of
Asia.
1 Brev. 5,
12;
CJ 8, 52; Title 27, Kr.
Brev. 5, 12, I. Maximus was probably Praetorian Prefect.

3 The translation is conjectural, but the meaning seems evident.
4 Julian was not at Constantinople at this time. The subscription
belongs to a lost constitution, M.
2
E:117
BOOK VI
0 .
.............
................................................................................
TITLE 1: OFFICIAL RANKS' (DE DIGNITATIBUS)

TITLE 2: SENATORIAL RANK'
TORIA DIGNITATE)
(DE SENA-
12 (7).' Emperors Valens, Gratian, and Valentinian Augustuses to Procopius.

... the necessity for the payment of the glebal tax shall
be removed. It is recognized that this provision is not only
established with reference to grown sons, 3 but it shall also
be observed in like manner with respect to daughters.
Given on the eighteenth day before the kalends ... at Hierapolis

in the year of the fourth consulship of Gratian Augustus and the
consulship of Merobaudes.-Summer, 377.
(8). Emperors Gratian, Valentinian, and Theodosius

Augustuses to Hypatius. 4
If any person by Our bounty should attain the most
exalted rank of Senator or if this high dignity should fall
to his lot by the felicity of his birth and he should suppose
that he should conceal5 the tax declaration' of any landholding, he shall know that such landed estate will be vindicated to the fisc, whatsoever the property may be that was
stealthily withdrawn from the resources that rightfully
belong to the State.
i. . . . if any person should attain the insignia of consular, he shall not have the privilege of assuming this rank
or of exercising this administration,7 unless by his own
written statement he should declare that he acknowledges
the title of Senator, that he has established his lares and
his domicile or fixed residence in a province and town, and
that within the various provinces he possesses nothing more
than the definite amount specified in his tax declaration.
When this information has been obtained by the palatine
bureaus,' as soon as possible the complete statement 9 shall
make readily clear what titles"o and how important are the
ones that have increased the resources of Our immortal
treasury, and to what extent.
2. But the tax declaration of two folles shall remain
fixed for all Senators alike, even though perchance they
13
1 CJ 12, I. The ms. has been mutilated and some of the text has
been lost, especially on the margins of each page of the ms. and at
the beginning of the sixth and the end of the eighth book, including
the whole of the first title and the first eleven constitutions of the
second title.
1 CJ
For technical terms see the Glossary.

II. The first eleven constitutions and the beginning of
the twelfth have been lost, 6, 1, n. i.
3 viri, sons who had grown to manhood and were qualified to
become Senators.
2
12, 2.
CJ 12,
I,
5 The Senators were interested in knowing the assets of their

colleagues, since there were many common burdens.
6
professio, which would indicate the amount of landed property
possessed by the Senator.
7 As governor of a province.
8 Who had charge of the collection of taxes.
9 instructio, a full statement with complete documentation.
10 nomina, names, accounts that were subject to tax payments.
may not have any landholding, provided that they have

been advanced to the consular rank or to any very distinguished and lofty position of authority. No person shall
be admitted to the insignia of authority unless he has duly
affirmed his tax declaration," and from such necessity, only
those shall be exempted who have been approved by the
honor and their terms of service in the imperial palatine
service, whence in accordance with their due, rather than
by their request, they are called to the fellowship of the
Senatorial order.
Given on the fourth day before the ides of January in the year of
the second consulship of Merobaudes and the consulship of Saturninus.-January 10, 383.
14. (9). The same Augustuses to Clearchus, Prefect of

the City.
We order that exemption from the payment of the glebal
tax shall be granted to all those persons from Macedonia
. . . who have been added to the Most August Order1 2 of
the City of Constantinople, according to the precedent of
the Senators who were chosen from Thrace.
Given . . Septemberls at Constantinople in the year of the consulship of Richomer and Clearchus.-August 14-September 13, 384.
15 (io). Emperors Valentinian, Theodosius, and Arcadius

Augustuses to Aurelianus, Prefect of the City.
In reply to the complaints of those persons who testify
that they are not able to bear the burden of the glebal tax,
it has been decreed by the Council of the Most August 2
that seven solidi shall be paid annually for his portion by
each man who is not able to fulfill the payment of the
folles. By this law We confirm this decree of the aforesaid
council to the extent that if the property of any man should
be meager and if this tax payment is not displeasing to him,
he shall have the free choice, in contemplation of the resources of his patrimony, and he shall not withdraw from
his fellowship in this Most August Order ;12 but if the tax
payment seems burdensome, that is, ruinous, he shall not
seek to retain the Senatorial rank.
Given on the day before the kalends of September at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of the Most Noble Abundantius.-August 31, 393.
16 (Ii). Emperors Arcadius and Honorius Augustuses to
Florentius, Prefect of the City.

The offertory gold must be paid in the City" by all
Senators who reside in the most sacred City,14 even though
they may have landholdings in various faraway provinces,
because the income from their estates is transmitted to the
City by their procurators and overseers. Of course,
throughout the provinces the tax assessors who have full
knowledge1 5 shall urge payment on those Senators who maintain their lares in the provinces, so that the Senators may
11 Unless he has bound himself by his tax declaration, G., M.
The Senate.
13 February, Seeck.
14 Before the foundation of Constantinople in 330, the City or the
most sacred City means Rome; thereafter it may mean either Rome
or Constantinople.
15 notitia, knowledge, cognizance; official list, record.
12
E 118 J
6-2*25
Senatorial Rank
learn without delay that as soon as possible they must deliver the gold payment which will profit Our treasury.
Given on the eighteenth day before the kalends of October in the
year of the consulship of Olybrius and Probinus.-September14, 395.
(12).16 The same Augustuses to the Senate and the
People.
(After other matters.) It is affirmed that the exaction
of the glebal tax is onerous to the tax assessors, and We
remove those assessors from this task; but because We
know that they have full knowledge" of these matters, We
enjoin upon them the supervision of investigation and the
responsibility for a manifest statement.'
17

in the year of the consulship of Caesarius and Atticus.-April Ig,
397*16
18 (13)
attached to landholdings and not to persons. Hence, it is

necessary that the exaction of this tax should be incumbent
upon those persons who obtain the income from the aforesaid property. For when the declaration of the tax payable
in gold is filed on the tax lists, this declaration cannot be
lost,28 even when the ownership 24 is transferred. Therefore
We decree by this sanction that only for the present shall
the inhabitants of Spain enjoy the special imperial privileges granted to them, but that hereafter in the discharge
of their public obligations they shall observe the custom of
all the other provinces.
Given on the fourth day before the kalends of April at Milan in
consulship of Eutychianus.-March 29, 398.
(7). The same Augustuses to Patroinus, Count of the

22
.
The same Augustuses to the Senate and the
People.
(After other matters.) If a Senator in any manner whatsoever should transfer his own patrimony to anyone, the
diminution . . . of his patrimony that is proved to have
taken place at the time of such transfer shall not be valid"'
unless the reason therefor shall be proved by"9 the provincial records.
in the year of the consulship of Caesarius and Atticus.-April 15,
397.
19 (14). The same Augustuses to Caesarius, Praetorian

Prefect.
If any persons should perform imperial service in the
sacred imperial palace of Our Clemency and should be
united to the assembly and community of the Senate, they
shall sustain only the payment of the glebal tax, in accordance with the law20 formerly issued, but they shall not
be called to the performance and the burdens of the
praetorship.
Given on the third day before the kalends of May at Constantinople in the year of the consulship of Caesarius and Atticus.-April
29, 397.
20 (15). The same Augustuses to Florentinus, Prefect of

the City.
We formerly 21 commanded that the offertory gold should
be paid in the City by the Senators who dwell in the most
sacred City,14 but that it should be paid through the offices
of the tax assessors in the provinces by those Senators who
maintain their lares in the provinces. But since We have
learned that the aforesaid office is not adequate to the performance of this function, it is Our will that suitable assistance shall be granted for the aforesaid task by the
judges ordinary. 22
Given on the seventh day before the kalends of June at Milan in
the year of the consulship of Caesarius and Atticus.-May (December) 26, 397.
21 (16). The same Augustuses to Felix, Prefect of the

City.
We are fully aware of the fact that the glebal tax is
16 CJ 4, 40, 3. For the date see 6, 2, 18; 6, 4, 31; 12, 6, 24; 13,
5,27; 13,9, 5; 14, 15,
17 6,
household shall be exempt ...

Posted on the fourth day before the kalends of March at Milan in
the year of the consulship of the Most Noble Vincentius and Fravitus.-February 26 (April 28), 401.
(18). Emperors Honorius and Theodosius Augustuses

to Monaxius, Prefect of the City. 25
23
If any person . . . from Our . . . at the completion of
his imperial service should attain to the office of assistant

master and the position of count of arrangements or the
position of master of admissions, he shall not then for the
first time be harassed by any compulsory public service at
all or by the payment of the glebal tax, on account of the
rank of vicar 26 that has been bestowed upon him. He shall
also be exempt from the payment of the seven solidi to
which the poorest Senators are customarily bound.
Given on the sixth day before the ides of May at Constantinople
in the year of the consulship of Constantius and Constans.-May
10, 44.
The same Augustuses to Count Sebastius.

If any person should assume possession of an abandoned
landholding under the arrangement of a tax equalization,
We command that he shall be exempt from the payment of
the glebal tax, even though of old this burden rested upon
this landed estate. i. But in the case of those landed estates
that sustain the compulsory shipping service 28 and have lain
deserted until now, by means of a better arrangement they
must be relieved of other tax payments on all accounts, so
that the compulsory shipping service cannot be a heavy
burden2 in consideration of that portion which remains
idle, since that portion has been relieved of all other
burdens.
24 (19).27
Given on the day before the ides of May at Ravenna in the year
of the eleventh consulship of Honorius Augustus and the second
consulship of Constantius.-May 14, 417.
(20). Emperors Theodosius and Valentinian Augustuses to the Senate of the City of Rome.
(After other matters.) We partly remit to you the of25
The force of this declaration cannot be destroyed.

Of the property in question.
25 Praetorian Prefect, M.
26 dignitas vicaria, rank of vicar, honorary rank.
"713, 6, 9; 13, II, 15-18; CJ ii, 59, 15.
28 navalis functio, the compulsory services
of shipmasters, 13, 5-7.
29 gravis sors, the rich portion cannot be bound for the
compulsory
shipping service on behalf of the deserted portion, G., ad locum, and
23
24
3-
2, 17.
18 Apparently the thought of the complete text is: the sale that
produces such diminution shall not be valid.

19 Approved in provincial legal proceedings, acta, 2, 4, 2, n. 13.
20 This law seems to have perished, but cf. 6, 4, 28.
21 6, 2, 16.
From the gold payment of the glebal tax or . . . those

titles . . . We command that not even the estates of Our
Otto-Schilling-Sintenis, CJ II, 59, 15.
1 119
6-2*25
Senatorial Rank
fertoryso that was promised to Us by the ready generosity

of your Most August Order, and part of this offertory We
freely donate to Our common fatherlandsl and City.
Given on the sixth day before the kalends of May3 2 ... April 26
(February 24). Read in the Senate by Theodosius, Chief of the Imperial Secretaries,in the year of the twelfth consulship of Our Lord
Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.-426.
3
The same Augustuses to Proculus, Prefect of

the City.
(After other matters.) Except 34 those persons who have
been consecrated to the distinguished guild of the department of Our secretaries who are protected by the prerogative of Our
. or also by the prerogative of the imperial
service of decurions" of Our sacred imperial consistory,
or those from the department of the secret service who
have attained the rank of chief ducenarius by the performance of their periods of service, the advocates of the
praetorian and City prefectures3 6 and all other persons who
enjoy the Senatorial rank that has been conferred upon
them shall assume only the obligations of the glebal tax,
in accordance with their resources.
The palatines of the sacred and private imperial largesses
shall be exempt from the performance of the Senatorial
services, since they presumed to approach Our Clemency
for the right to renounce the Senatorial dignity, and although they shall be removed from the official body of
Senators, they shall remain in all security, as shall also
their sons and grandsons, in accordance with the constitutions37 of the sainted Constantine and Constantius.
If any special grant of imperial favor or special annotation should be impetrated with reference to exemption,
by any office, person, department or profession, contrary
to the general rule of this sanction, it shall have no validity.
But if such a grant of imperial favor should be formally
presented and if it should happen even to be accepted by
the Most August Order,12 it may be reconsidered whenever
it may seem desirable. The assessed taxes's for the whole
time that has meanwhile elapsed shall be exacted from
any person who has exerted himself to impetrate such a
favor, even though this penalty may have been remitted by
the tenor of the imperial annotation that was elicited.
26
(21).
Given on the day before the kalends of Februaryat Constantinople

in the year of the consulship of Felix and Taurus.-January 31, 428.
TITLE 3: THE LANDED ESTATES OF SENATORS (DE PRAEDIIS SENATORUM)

i. Emperors Theodosius, Arcadius, and Honorius Augustuses to Aurelianus, Prefect of the City.
If anything is being contributed to the chief civil priesthood of Syria by the annual tax payments from the landholdings of Senators, We command that such payments
shall be abolished.
and the consulship of Abundantius.-February27, 393.1
Emperors Arcadius and Honorius Augustuses to Caesarius, Praetorian Prefect.

There shall be no connection between the Senatorial
functions and those of a municipal council, and so that
there may not be furnished to the decurions an opportunity to inflict harm, the fiscal payments from the estates
of Senators shall be demanded by the apparitors of the
governors of the provinces. The person upon whom the
care of defending the Senate has been enjoined shall have
the supervision of this arrangement. If a municipal council
should wish to request for itself a tax assessor or a tax
equalizer, it shall request such official only for itself and
not for the Senate.
2.2
Given on the day before the ides of August at Constantinople in

the year of the fourth consulship of Arcadius Augustus and the
third consulship of Honorius Augustus.-August 12, 396.
3.4 The same Augustuses to Africanus, Prefect of the City.
The Senatorial land' shall be kept separate from lands

of decurions, and there shall not be any connection in the
matter of landholdings between the Senatorial houses and
decurions, nor shall they be bound together by any sort of
exaction of payments. This shall be the charge of those
persons who have undertaken the office of defenders of
the Senate in the municipalities, and it shall be reckoned
to their risk if any arrangement should be made at the
expense of the Senators. i. But if decurions should wish to
request a tax assessor or tax equalizer for their own lands,
the Senate6 shall be dissociated from their petition.
Given on the day before the ides of August at Constantinople in
third consulship of Honorius Augustus.-August 12, 396.

Your Sublimity has instructed Us that the exaction of
the payments of tribute of the Senate cannot meet the
assessments, 7 and that this is true to such an extent that in
some provinces half of the regular Senatorial tax payment
remains in arrears. Therefore, We order that all other provisions as catalogued in Our former laws shall remain in
effect, but this only shall be corrected and emended,
namely, that the tax payments for Senatorial landed estates
shall not be exacted through the office staffs' but rather
through the decurions, and that the responsibility for this
task shall again revert to them.
Given on the day before the nones of September at Ankara (Ancyra) in the year of the consulship of Caesarius and Atticus.-September 4, 397.10
1 1, 1,
30 oblatio, the aurum oblaticium, 6, 2, 16; 6,
2, 20.
s1 patria, fatherland, municipality, apparently refers to Rome.

32 At Rome? Cf. 10, 1o, 33; io, 26, 2.
83 6, 27, 22; CJ 12, 5, 2.
34 Praeter,except, in addition to.
5 decuriones, not to be confused with the decurions of the municipalities who were members of the municipal councils, Glossary.
s6 Who were allowed to practice in these courts. The practice of
law was socialized and under strict State control. Thus the advocates were members of the imperial service.
8 Not extant.
as descriptiones, tax assessments, assessed taxes.
3.
26, 3, 3.
3
rectores. Cf. II, 7,
46, 3,
12.
2.
5 gleba, usually the glebal tax.

6
Senatorial landholders in that municipality.
7 non posse concurrere, does not correspond to? Cf. 8, 5, 26. The
meaning is doubtful. M. suggests: that your office cannot provide
for the exaction of ... Senate.
8 6, 3, 2-3.
9 Of the governors of the provinces.

10 9, 14, 3.
E120 ]
6-4-8
Praetors and Quaestors

TITLE 4: PRAETORS AND QUAESTORS' (DE
PRAETORIBUS ET QUAESTORIBUS)
i. Emperor Constantine Augustus to Aelianus,2 Prefect of
the City.
Since We have been persuaded by the reverent voices
of the Most August Senate, We decree that quaestors shall
enjoy the same prerogative as do the consuls and praetors,
so that if any person before the sixteenth year of his age
should be nominated in his absence, when the exhibition of
games is formally given, he shall in no wise be held by the
obligation of the fine payable in grain,3 since it is Our
pleasure that this privilege shall be of assistance to the
aforesaid age.
Given on the seventh day before the ides of March at Sirmium in
the year of the sixth consulship of Constantine Augustus and the
consulship of Constantius Caesar.-March 9, 32o;4 329.
2. The same Augustus to Julianus, Prefect of the City.

In consideration of their tender years We relieve minors
less than twenty years old by this remedy also, namely, that
they shall in no wise be held liable on the ground of that
compulsory service5 by whose toils those persons are bound
who after the twentieth year of their age have established
themselves beyond the sea and sojourn in the provinces,
and thus do not make themselves available for the production of the amusements of the circus and the theater, and
who for that reason have become subject to a definite kind
of fine.3
Given on the day before the nones of March: March 6. Received
at Rome in the year of the consulship of Constantius and Maximus.
-327.
Augustus to Mecilius Hilarianus,

3. Emperor Constantius
Praetorian Prefect.7
(After other matters.) Praetors and others upon whom
the necessity of judicial functions is enjoined, provided
that it has been assigned to them," shall not obtain permission to depart from the City even for a very short time.
Those who do otherwise shall be liable to the fine which
was formerly thought suitable by the sainted Emperor,9
and they shall be compelled immediately to pay the entire
sum as prescribed.
Given on the eighth day before the kalends of April in the year of
the second consulship of Constantius Augustus and the consulship
of Constans Augustus.-March 25, 339; March 354.
4. The same Augustus6 to Mecilius Hilarianus, Praetorian

Prefect.7
All men of the rank of Most Noble"o who dwell throughout the diocese of Your Sublimity shall be compelled by
the authority of this Our command to come to the City
of Rome with the funds which are demanded for the pro1 CJ I, 39; 12, 2. The praetors and quaestors at this time exhibited
games, chiefly at their own expense, to the people. For their other
duties, see 6, 4, 16, and the Glossary. Cf. 2, 29, n. I.
2 Anicius Julianus, who became Prefect of the City on November
13, 326, G., M.
3 6, 4, 7; 6, 4, 18.
4329,
in the year of the seventh consulship of Constantine Augustus and the fourth consulship of Constantius Caesar, G.
5 As praetors.
6 Constans.
7 Prefect of the City.
8 Reading (ill)is. Or: enjoined, according to the amount of their
land (reading ruris, or sortis), M., G.
9 Constantine. Cf. 6, 4, 1-2; 6, 4, 7; 6, 4, I8.
10 Clarissimi were Senators.
duction of the theatrical performances, the games of the

circus, or for the accounts" of their compulsory public
services. (Etc.)
Given on the fourth day before the kalends of July in the year of
the second consulship of Constantius and the consulship of Constans--June 28, 339; March 354.
5.12 The same Augustus to the Senate.

For the first praetorship, designated by the appellation
of Flavial,18 We prescribe an expenditure and outlay of
twenty-five thousand folles and fifty pounds of silver, but
in the second, or Constantinian's Praetorship We decree
that twenty thousand f olles and forty pounds of silver shall
be expended. The third, or Triumphal'- Praetorship shall
expend fifteen thousand folles and thirty pounds of silver,
without inconvenience 4 to the exhibitor of the games.
Given on the fifth day before the ides of September at Antioch in
the year after the second consulship of Constantius and the consulship of Constans.-September 9, 340.
The fisc shall expend the requisite amount for the person
who is found to be absent at the time of his production of
the games. After his arrival he shall pay all that which had
been previously expended for him.
Given on the fifth day before the ides of September at Antioch in
the year after the second consulship of Our Lord Constantius and
the consulship of Constans.-September 9, 340.
7. The same Augustus to Orfitus, Prefect of the City.

In a letter's dispatched to Hilarianus, Praetorian Prefect,7 We have commanded that Senators should be compelled to come to the City of Rome, in order that they may
be able to devote the customary attention to the compulsory
public services enjoined upon them and that they may be
compelled to perform their professed obligation.17 We
furthermore commanded that those exhibitors who neglected to be present within the prescribed period of time
should each be compelled to pay to the storehouses of the
City of Rome fifty thousand measures of wheat, in accordance with the venerable laws's of the sainted Constantine.
Given on the day before the ides of March in the year of the sixth
consulship of Constantius Augustus and the second consulship of
Constantius Caesar.-March14, 353;19 354.

By this law We sanction that the customary nominal' Funds?
126, 4, 6.
The various praetorships were given special names, in honor of

various appellations of the imperial family.
14 incommodum, a euphemistic expression for the expenditures
made by the praetors. The exhibition of the games, provided by the
praetors for the amusement of the populace, was very expensive,
sometimes ruinously so. The phrase may mean: without the inconvenience of serving as praetor.
13
156,4,5.
16 6, 4, 4
17 Produce the promised shows; declare the amount of their taxable property?
186, 4, 1-2; 6, 4, 18.
1o In 354, in the year of the seventh consulship of Constantius
Augustus and the third consulship of Constantius Caesar, since that
appears to be the date of the prefecture of Orfitus, G.
206, 4, 9-lo.
121
6-4-8
tions'l shall be made in accordance with your judgment,
and the usurpation of judges 22 shall cease.
Given on the third day before the ides of April at Milan: April
ii. Read by Proconsul Araxius on the sixth day before the ides of
May in the year of the eighth consulship of Constantius Augustus

and the first consulship of Julian Caesar.-May 10, 356.23
The same Augustus to the Senate.

It is Our pleasure that not less than fifty men of the
rank of Most Noble shall come into the Senate ;25 for it is
certain that in this number the substance of every kind of
virtue richly abounds.
9.24
Given on the third day before the ides of April at Milan: April iz.
Read by Proconsul Araxius on the seventh day before the ides of
May in the year of the eiqhth consulship of Constantius Augustus
and the first consulship of Julian Caesar.-May 9, 3.56.

We sanction that on the ides of August, 2 7 the birthday
of Me, Constantius Augustus, and thereafter, 28 the Senate
shall devote its attention to nominations. 2 1 If perchance one
or two days should not be sufficient, this useful activity
shall appropriate as many days as may be shown to be necessary by the importance of this undertaking.
i. If any person perchance by bribery should impetrate
the privilege of being enrolled among the group of the
Emeriti,2 9 this privilege shall be null. The honor of Senator
Elite is one that should be sought, for We make a distinction between the aforesaid persons, 0 Conscript Fathers,
and those persons who have gained Our grant of special
favor by the help of their own merit; and if any person
without patronage should gain the high rank of praetorso
or any other rank by his own illustrious merits, he shall
enjoy the perpetual protection of Our bounty.
2. No man, of course, shall transfer to a son or grandson
or to any other person the obligation that is incumbent
upon his own person, but he shall assume his own honor,
and when he has been designated, he shall perform the
compulsory public service that has been enjoined upon him.
10.26
Given on the seventh day before the ides of May in the year of the
eighth consulship of Constantius Augustus and the first consulship
of Julian Caesar.31-May 9 (April II), 356.
ii. The same Augustus to the Senate.
If it should become clear that any persons have performed to the full the duties of the magistracies in the
City of Rome, they shall not be summoned for the production of any kind of games.
Furthermore, if any persons should artfully avoid the
21
title.
To praetorships and quaestorships, as may be seen from the
22 In this matter. These judges are apparently high officials; such

as praetorian prefects and prefects of the City of Rome. Cf. 6, 4, 13;
6,
4, 22.
23 Probably on the seventh day before the ides of May: May 9.

Cf. 6, 4, 9-10.
4, 8; 6, 4, 10.
25 Shall constitute a quorum necessary for the transaction of business, such as the appointment of praetors.
26 6, 4, 8-9.
27 On the seventh day before the ides of August, CIL 12,
p. 302.
28 On each anniversary thereafter, or on the following days.
29 functi, those Senators who had already performed their compulsory public service, especially their services as praetors.
so praetorii dignitas, the high rank of: praetor, expraetor, praetorian prefect.
3 This constitution was given on the third day before the ides of
April at Milan and read by Braxius (sic) the Proconsul, G.
Senate House of the City of Rome, though endowed with

the title of Most Noble,"o We have issued orders that they
shall be sought out throughout Achaea, Macedonia, and all
Illyricum, since they rarely or never frequent the seat of
their own dignity.32 It should be possible for the pleasant
neighborhood of these places3 3 to be delightful to them,
so that this dignity that lacks the delay34 of a long foreign
journey ought to be ardently desired.
Read on the day before the ides of August in the year of the ninth
Julian Caesar.-August 12, 357.
12." The same Augustus to the Senate.

Praetors shall be designated by a decree of the Senate
lawfully enacted, provided that there shall be present ten of
the men of highest rank, 3 6 among the Senators who have
been consuls ordinary and who have borne the honor of the
prefecture ;37 also those exalted with proconsular rank;
likewise Themistius, the Philosopher, whose learning enhances his rank; also those Senators shall be present who
have formerly received the insignia and honor of the praetorship. Thus praetors shall be designated by the votes cast
in due order, in such a way that if by chance any appointees
in the meantime should depart this life by human lot, in
their place others shall be chosen as substitutes who have
attained the same dignity by subsortition, to use the ancient
phrase. This shall be done, of course, in such a way that
the person who was to undertake the praetorship in the

following year as a substitute, by the decree and votes of
the Senate shall receive the insignia and dignity of the
praetorship in the place of the deceased.
Given on the fifth day before the nones of May at Gyfyra in the
year of the consulship of Taurus and Florentius.-May 3, 361.3
13.V
Of the five praetors who have been formally designated

and who customarily administer the exhibition of games,
three shall devote their attention to the necessity of this
exhibition and to the amusements of the people; but two
of the praetors shall contribute their silver, so that by a
provident plan it shall profit the public works of the af oresaid City. For the Constantinian Praetorship,13 which is
the first, 9 must be so assigned to the public works that its
praetor shall expend one thousand pounds of silver, but
the Flavial Praetorship, which is the third,"9 shall contribute five hundred pounds to the public works of the
aforesaid City.
i. But if any of those persons who have been designated
as praetors should be unable to come for the purpose of
undertaking the exhibition of games, being hindered either
by age or by illness, they must immediately send a procurator to the office of the prefect of the City with the
weight of silver that has been established by Us in Our
regulation, so that, of course, under his supervision the
public work may be constructed of which the beginning had
246,
32 The Senate House at Rome.

33 Near Rome.
34 Reading moris: Or, reading mora non: to them the pleasant
confines of their own estates can be so pleasant that their dignity
lacking the delay of no long foreign journey ... Or: this dignity
should be desired without the delay of a long foreign journey.
35 12 and 13 should come after 16.
36 proceres, the nobility; as part of the quorum of fifty; 6, 4, 9.
3 Quaestorship, M.
38 1, 6,
I,
n. 5.
39 In rank.
122 J
6-4-17

been undertaken, with the promise only that on the aforesaid work the inscription shall be engraved in his name.
2. The nomination of the praetors shall not be under the
control of the tax assessors, but the praetors shall be
designated ten years in advance by the legally prescribed

decree of the Senate. They shall obtain their supervision of
the exhibition of games and their praetorships in accordance with the judgment of the Senate, on the condition that if the aforesaid praetors designate should be
notified and should neglect to come, they shall send to the
office of the prefect of the City, either in silver or in
pledges, one half more than is demanded by the necessity
of the expenses. This amount must be assigned to the public
works without any eulogy and inscription of the name of
the person who through contumacy refused to perform the
duties of his high rank.
3. But if the judges,40 after being notified by a written
order of the prefect of the City, should execute this summons too negligently and should send neither the praetors
designate nor their pledges to the City, for each praetor the
judges4' must themselves pay ten pounds of gold each, and
their office staffs must pay fifteen pounds each. The prefect
of Our City shall exert his power to assign to the public
works the amount of gold that has been thus exacted. Nor
shall there be any cause for delay, since it is Our will that
the dignity of the prefecture of the City shall be so increased that this penalty, inflicted on account of dilatoriness
of notification, shall be demanded" by the apparitors who
have been sent out by the aforesaid prefect of the City.
4. If perchance any persons who have held the power of
vicar should attempt to obtain credit for the praetorship,4 2
they shall be compelled to pay the prescribed amount of
silver to the account of Our City, and thus, of course, they
shall pay the amount that We have ordered to be paid by
those praetors who must contribute the silver to the account
of the public works, since the requirement for the exhibition of games has terminated.43
Given on the fifth day before the nones of May at Gyfyra in the
year of the consulship of Taurus and Florentius.-May 3, 361.88
14." The same Augustus to the Senate.

It is Our pleasure, 0 Conscript Fathers, that praetors
shall be designated only by those men who have themselves

undertaken exhibitions of games. This nomination shall be
made in such a way, of course, that the majority shall prevail, and the aforesaid magistracy shall be undertaken by
the person who the majority suppose ought to be chosen.
Given on the eleventh day before the kalends of June at Sirmium
in the year of the consulship of Eusebius and Hypatius.-May 22,
359.
15 .4 The same Augustus to the Senate.
You surely remember, 0 Conscript Fathers, and no

oblivion of time, however long, shall take away that memory, how Facundus, Ex-Proconsul,"4 and Arsenius, ExVicar,4 were distinguished by the insignia of the praetorship, nor did either of these men consider the praetorship
as beneath his own proper dignity. Moreover, what prece-
dent can be found more illustrious than this? This example

certainly ought, it ought, to have reminded others also, on
whom has been bestowed that proconsular power and that
of vicar, that the praetorship is not inferior to their own
merits. The shining fasces 47 ought to have been sought, it
was fitting that the glory of so great a title should be
eagerly desired, nor was it at all loyal for any man to be
reluctant to accept the nomination which reason does not
prohibit and precedent confirms.
i. Therefore, it is Our pleasure that the praetors shall
be designated by you, and We command that by your
judgment those persons shall be elected who shall receive
the fasces4 7 and devote their attention to the exhibition of
the games, nor shall any matter concerning the nomination
of any man be referred to Our knowledge or to that of
the Most Noble praetorian prefect.
in the year of the consulship of Eusebius and Hypatius.-May 22,
359.

By our sanction the following right of jurisdiction is
conferred upon the praetor, namely, that as a trial judge
he shall hear cases pertaining to personal freedom, when
there has been a proper presentation of the claims for
freedom which must be formally made according to the
order of the law. i. Of course, he must interpose his
decrees, so that if a restoration to a former condition must
be granted, he shall interpose his decree upon cause shown.
Likewise he shall interpose his decrees for the appointment of a tutor or the institution of a curator; indeed, it
is before him also that industrious slaves must obtain their
freedom in accordance with the judgment of their masters.
2. Nor, of course, will the due wishes of the fathers fail
to meet the wishes of the sons" that when the opportunity
is available, fathers will release their children from their
power, and the children thus released will be more obligated to the proper respect for their fathers when they
realize that they owe more respect to those by whom they
recall that they have been freed from the bonds of the
Senate. 0
Given on the third day before the kalends of January in the year
of the consulship of Eusebius and Hypatius.-December30 (27), 359.
17. Emperors Valentinian and Valens Augustuses to

We are fully aware that Our sainted Father 5' Constantine has sanctioned52 that whenever it is established
that a father during his lifetime assumes all the compulsory
public services incumbent upon Senators and after his
nomination as praetor he dies, and it appears that he has
daughters surviving but no descendant of the male sex
exists, the women shall have no obligation to execute the
functions of the praetorship. i. Therefore, since 53 it transpires that not only males are successors of their own father
but that females also succeed by their right as heirs and
come to the inheritance, in no way shall you remit for such
As the insignia of the praetorship.
4, 14-15; CJ I, 39, I; 7, I, 4.
49For emancipation. The text and translation are doubtful.
so curia, a municipal council? Gothofredus emends to cura, meaning the power of the father; CJ reads sacra, with the same meaning.
51 parens, here means only predecessor, since Valentinian and
Valens were not descended from Constantine. See Const., n. 5.
52 Not extant.
53 quando, when, since.
4
40
41
The governors of the provinces, the judges ordinary.

From the governors and their office staffs.
42 Reading acceptam ferri, M.
In their case.
446, 4, 15-16; CJ I, 39, 1.
4, 14; 6, 4, x6; CJ 1, 39, 1.
46 Either an actual ex-proconsul and ex-vicar, or an honorary
proconsul and honorary vicar. See Glossary s.v. ex-.
3
456,
486,
E 123 1
6-4-17
female persons either the praetorship or any Senatorial

offertory, whether they have become of full legal age or
have become adults; but according to the hereditary portion of each person, you shall provide that such women
shall be compelled to undertake the duties that were assigned to their fathers. For although it appears to be unlawful and disgraceful for women to advance to the Senatorial garb and insignia, nevertheless, they shall be able
to assume the obligations of the 4 . . . praetorship according
to their proportion of the glebal tax that is charged upon
their father's substance.
Given on the fourteenth day before the kalends of February in the
year of the consulship of the Augustuses Themselves.-January 19,
370.
18." The same Augustuses to Volusianus, Prefect of the

City.
It is Our will that the law52 of Constantine of sainted
memory shall remain fixed and inviolable, whereby he
commanded that the exhibitors of compulsory public services or of games should be fined a certain quantity of wheat
proportioned to the rank of their dignity, if they should
wish to be absent at the time of the exhibition. Therefore
Your Sincerity ... and to those there to whom Our Clemency has granted free leave of absence . . . promulgated
against all others ...
. . . at Milan. Received 56 on the fourth day before the kalends of

July at Constantinople in the year of the consulship of Valentinian
and Valens Augustuses.-June 28, 365.
19. The same Augustuses" 7 to the Senate.
We sanction that from the breed of Our Phrygian herds

there shall be granted twice four horses that are to be
yoked to the four horse chariots, that is, eight horses at
the same time, and these horses shall be furnished to the
two praetors of the most important exhibition of games.
Given on the ides of April at Antioch in the year of the consulship of Modestus and Arintheus.-April 13, 372.
2o. The same Augustuses to Clearchus, Prefect of the City.
There must be one day among all for the four praetors
to enter upon their magistracy, namely, the kalends of
January.58 If any person should presume either to postpone or disdain this date, he shall not only be forced to
pay the statutory price of the exhibition, but he shall also
be forced to pay as a fine the half of that price in addition.
Given on the eighth day before the ides of May in the year of the
consulship of Modestus and Arintheus.-May 8, 372-5"

to Bappo, Prefect of the City.
At the time when the chief recruit tax collectors are
designated, the nomination of their colleagues60 also shall
be formally made, and official notification shall be given,
a task which must be administered through the office of
the prefect of the City. But if the situation should so re54 A word or part of a word has been lost. The manuscript reads
car - - nariam praeturam. M. suggests: cardinariam,the cardinal
prefecture.
556, 4, I; 6, 4, 7.
56 Probably given on the fourth day ... at Milan in the year of
. Augustuses, as is 12, I, 67, which appears to be part of the
same constitution. Also Volusianus was Prefect of the City of Rome.
On the month, see I, 6, 5, M.'s note.
And Gratian Augustus.

58 January I.
59 14, 9, 2; 14, 17, 7.
60 Reading sociorum, colleagues, substitutes, with Vesme.
67
124
quire and if no confidence at all6' is placed in the provincial office staffs for tracking down such appointees, We
Ourselves shall rather take counsel regarding the names
of the aforesaid appointees, in order that We may send
strenuous men, bind the judges"o to the performance of
their duties, and compel not only the chief recruit tax
collectors but also their colleagues6 2 to the due performance
of their own public services. For if we should suppose that
this well known practice" can take place, namely, that the
appointees may be able to elude the vigilance of the
searchers for the first or second or even the third year,
certainly in the remaining seven years 64 without doubt it
will be possible for them to be found.
i. Finally, as We have formerly established in the case of
those persons who are nominated to the candidature 65 and
to certain high honors for each separate year, their names
shall be reported to Our Wisdom with trustworthy information after their due designation. 2. The same order
shall also be maintained in the selection of reliable persons
as substitutes who shall take the place of those who have
completed the days of their life.
3. The inveterate license"' of the office staffs shall be
abated whereby they often obtained gain from official notifications of this sort. 4. At the same time Our provincials
may either be encouraged by the hope of less expense, or
certainly if they avoid our common fatherland6 ' at the
time of their exhibition of games, they may be incited by
the fear of appropriate severity. 5. Nor indeed do We except those persons who for the present are detained by
public tasks or duties, and this wise provision shall follow,
that when We have notified them, they shall either send
suitable substitutes in their own place or, since the situation
so requires, they shall obtain temporary leaves of absence
and shall themselves hasten to go to Rome.
6. Moreover, with reference to the wise provision and
the decree of the distinguished Senate, whereby they most
reverently requested of Us that We determine that two or
three of those who are nominated as candidates"' should
be able to be associated with the chest, 69 under condition of
the contribution of a certain amount of silver, We shall
then be able to make a better estimate as to how much the
appointees may be able to bear with respect to their compulsory public services, how much they should bear, and
what their order may be in the exhibition of the games,
when they have two or four or more folles in their tax
declarations.7 0 For when this information has been diligently given to Us, We shall compare the necessary expenses of the exhibition of games with their subsidiary
61 Reading et ofliciis . . . fides neutiquam. M.: the provincial office
staffs shall be removed and you may be able to employ more trustworthy assistance for tracking down such appointees.
62 complices, colleagues, associates, substitutes; accomplices in
the crime of attempted evasion?
68 Reading posse illud fieri.
64 6, 4, 13, 2; 6, 4, 22.
65 candidatus,candidacy of those entitled to wear the white
toga,
usually means Senators in general but here refers to those Senators
who have been nominated to honorary positions, such as praetorships or quaestorships, n. 21.
66 6, 4, 24; 6, 4,
27.
87 communis patria, Rome or Constantinople.
68 For the praetorship or quaestorship, n. 21.
69 arca, chest, treasury, usually of the praetorian prefect, but
here
of the Emperor; that is, the Emperor would contribute part of the
expenses.
70 professio, which would indicate the amount of landed property
possessed by the Senator.
6-4-24

71
resources and the amount of their tax declarations, and

it will then be possible to determine in a just manner how
much expense each must bear, according to the capacity of
his resources.
7. Of course, We do not prescribe by any law any restriction upon the judgment of those persons who, in consideration of their patrimony and the merit of their birthrights,
do not refuse to expend enormous sums in accordance with
the splendor of their honor. For We decree by this oration 2
that provision must be made not only for those persons who
should be admonished lest they fail to measure up to their
obligation to public service, but also for those who should
be encouraged by the cheapness and the moderation of the
prescribed expenses.
Nasonacum in the year of the consulship of Modestus and Arintheus.-August 22, 372.
The same Augustuses to the Senate.

We command that praetors shall be nominated ten years
before74 they are to provide for any exhibition of games
and that within five months the praetors designate shall be
admonished that they must either give their consent to
undertake the exhibition, or if they manifest a contrary
desire, they shall not delay the trial of the future suit.7
i. For the established limit of seven months for the hastening of the trial excludes the license of a delay of the decision based on authority. For no person shall be able to
renew his claims if through idle and indolent silence he
should allow the established period of time to elapse, and
if afterward he should repent his silence and wish to
demonstrate the merits of a defense that is too late.
2. We command that ten pounds of gold shall be paid by
the entire office staff in the case of each nomination if the
praetor designate should not be notified by any warning
22."
of the crime that he has perpetrated. Those Senators who

sit on the case with the aforesaid prefect of the City shall
be involved"7 in the accusation of a similar offense, if they
should forget their own nobility and cloak the most disgraceful baseness of their sycophantic favoritism. Nor indeed shall it be righteous for pardon to be granted to such
guilty persons who, through the protection of the judges,
become vendors78 and thus attempt to disgrace the body of
the Senate and sell Roman law at auction.
4. Moreover, We do not allow the nominators of praetors to be their judges, 79 for while such nominators strive
to have their judgment as nominators approved, in consideration of themselves they make their decisions more arrogantly than a moderate judgment allows.
5. If indeed any of the nominated praetors should be injured by a crushing condemnation in accordance with the
authority of this law, it is Our pleasure that he shall be
exempted from the burden of the exhibition of games.
There are, of course, two reasons for such exemption, both
because he would not be wealthy enough to undertake the
expense and because he ought not to receive this dignity
after he has deserved this censure.
6. Moreover, provision must be made lest under the pretext of this concession, the favor of such protection may be
granted also to those nominees who have been punished
with a light fine, since the aforementioned alleviation shall
be provided, of course, only for those who had already
been exhausted by the mass of very heavy expense when
they were overwhelmed by the sudden burden of the fine.
7. But if the complaint of any person should be justifiable
and lawful, he shall obtain the favor of relief from this
necessity.
Given on the fifthso day before the ides of June in the year of the
consulship of Valentinian Augustus and the fourth consulship of
Valens Augustus.-June 9, 373.
within five months. The matter shall be so conducted that
men selected from the Senatorial order, along with the

prefect of the City, shall undertake this duty7 6 when the
praetor elect sets forth his allegations. It is Our will that
each man shall be patiently heard, and if his claims must
be allowed, it is Our will that he shall be vindicated by a
just decision; but if his defense is proved to be unfounded,
it is Our will that his shameless claims shall be repressed
by the authority of a very severe sentence. 2a. Therefore,
the regulations of the trial judge shall settle everything.
The influence of powerful persons shall cease, and likewise the protection of corrupt solicitation shall be repelled.
We allow no person to be unjustly oppressed or defended
by anyone in Our times.
3. If any judge should overstep these commands or by
the madness of an unprecedented presumption should violate that which has been consecrated by Our sanctions, he
shall be regarded as a public enemy and as a ravager of
that which has been devised for the general good. Thus if
he should act counter to the decrees of the Senate, by Our
decision and by your judgment he shall receive the brand
71 subsidia facultatum, the resources of their property.
72 Much imperial legislation was embodied in orations of the Em-
perors to the Senate.

7 6,4,23.
746, 4, 13, 2; 6, 4, 21.
7 This would be a suit brought by the Senate, to compel such
praetors designate to perform the compulsory services enjoined upon
them. Any praetor designate might be exempted if he could prove
lawful grounds for exemption.
76 The trial of the praetor designate who seeks exemption.
23.1 The same Augustuses to the Senate.
Justice and custom alike declare that the order shall not
be preserved in demanding the exhibition of games from
those persons who have obtained imperial letters patent
designating them as consulars and praetors 2 because of
their own excellent merit and Our special decree of favor.
Read on the third day before the ides of June in the year of the
Valens Augustus.-June II (9), 373.
24. Emperors Valens, Gratian, and Valentinian Augustuses to the Senate.

No praetor shall exceed the amount of expense that has
been prescribed"' once for all, and he shall not make any
gift" to the office staffs.
Given on the third day before the kalends of June at Antioch in
the year of the fifth consulship of Valens Augustus and the consulship of Valentinian the Younger, Augustus.-May 30, 376.
7 Shall be considered as guilty of a like crime, if they should be
venal judges, reading nectendis with Cujas. Or: shall be prosecuted
by the accusation, M., Kr.
78 By selling their decision. Such corruption
was customary, 2,
29, n.
I.
Or: We do not allow judges to be nominators of praetors.

80 The third, according to 6, 4, 23.
1 6, 4, 22.
82 consulares ac praetorii codicilli. Thus honorary
consulars and
honorary praetors, often called ex-consulars and ex-praetors, were
created by the Emperor.
8 Praestituta, prescribed, furnished by the Emperor?
84 Donative, gratuity; as a fee for his notification;
6, 4, 21, 3;
6, 4, 27.
7
[12
6-4*25
Emperors Gratian, Valentinian, and Theodosius Augustuses to the Senate.

We grant to you four additional praetors, as many as
there already were." The first praetorship, therefore, 0
Conscript Fathers, bears the names Constantinian and Constantian. 86 You added the Theodosian and Arcadian Praetors to the first two. The ancients invented the title of Triumphal Praetor on account of military success. To him We
add the Augustal Praetor. With all these insignia of honors
is associated the Praetorship of the Roman Name, and with
this praetorship We associate the Praetor Laureate.
i. The functions of the Constantinian and Constantian
Praetorship shall be performed by two praetors, with an
expenditure of one thousand pounds of silver; the functions of the Theodosian and ...
." with an expenditure of
one thousand pounds of silver; those of the Triumphal and
Augustal Praetorship with an expenditure of four hundred
fifty pounds of silver; those of the Roman and Laureate
Praetorship with an expenditure of two hundred fifty
pounds of silver. This expenditure shall be made in such a
way, however, that to each praetorship the half of the requisite sum shall be donated by each praetor, as We have previously said, and two men for each praetorship shall hereafter assume what was formerly performed by one man.
25.
Given on the tenth day before the kalends of November at Constantinople in the year of the consulship of Richomer and Clearchus.-October 23, 384.
Your Illustrious Magnificence shall know that the responsibility for the nomination of praetors shall be restored to the tax assessment office.
and the consulship of the Most Noble Abundantius.-February27,
393.8-

Dexter, Praetorian Prefect.
We command that all quaestors and praetors living in
country districts shall pay as a fee for their notification by
the tax assessment office all rewards that are undertaken
and promised, or whatever they have voluntarily proffered,
in accordance with their dignity.
Given on the kalends of November at Brescia in the year of the
consulship of the Most Noble Olybrius and Probinus.-November
1, 395.
28. The same Augustuses to Simplicius, Praetorian Prefect.9 o

(After other matters.) Those persons who have administered the office of duke shall be liable for the exhibition
of games and for nomination to the praetorship, with the
exception of those dukes who have borne the very burden85 Thus making eight praetors in all, so that they might share the
heavy burdens of this compulsory public service. There are four
praetorships, each with a double name.
86 Thus the first praetorship, now held by two praetors, bears
these two names, in honor of Emperors Constantine and Constantius. M. would add: likewise the names Theodosian and Arcadian.
87 Arcadiana, Arcadian, has been lost because of the mutilation of
the manuscript, 6, I, n. I.
"8 I,
89
1,
3,
n. II.
6, 4, 21; 6, 4, 24; 8, II, 3,

Dexter; 15, 14, 12.
90 Master of Soldiers, 8, 5, 56.
2.
Eusebius had already succeeded
some administration of the armed imperial service for a

long continued period of time and those who have acquired
the right to participate in the secret deliberations of Our
sacred imperial consistory. For We decree that such dukes
shall be exempt from the duties of the praetorship.
Given on the tenth day before the kalends of January at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-December 23,
396.91
The same Augustuses to ..., Prefect of the City.
29.2
Recently, indeed, an imperial sanction 94 had been issued

to this effect, namely, that the theatrical expenditures that
were to be made by the praetors should be diverted to the
construction and repair of the aqueduct, but now with a
just regulation you shall provide for the enforcement of
the provision that the Roman and Laureate Praetors shall
furnish theatrical amusements to the people on the birthday of Our Imperial Divinity.9 5
Given on the fourth day before the kalends of January at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-December 29,
396.
30.9" The same Augustuses to Eutychianus, Praetorian
Prefect.
Of the five praetors who had been assigned to the Theodosiac Aqueduct," I command that the one who limits his
munificence by the established expenditure of one hundred
pounds of silver shall be assigned to the festivities of the
birthday of the eternal Emperor, My brother Honorius.
Given on the day before the kalends of January at Constantinople
third consulship of Honorius Augustus.-December 31, 396.98
31. The same Augustuses to the Senate and the People.

(After other matters.) No rescript of Our Tranquillity
shall release any exhibitor of games who has been assigned
by election to the supervision of the desired" expenditures,
but the order of assignments shall be observed. (Etc.)
397-100
32. The same Augustuses . . .
Amusements shall be furnished to the people by the

praetor of Our Imperial Divinity instead of 01 by those
praetors who had been assigned to the first exhibition of
games.
Given on the sixth day before the kalends of July at Nicomedia:
June 26. Received on the day before the kalends of August at Constantinople in the year of the consulship of Caesarius and Atticus.July 31, 397.
33. The same Augustuses to Severus, Prefect of the City.

Praetors who are in the first rank shall not be forced to
exceed the expenditure of three hundred pounds of silver
in the performance of their functions. Those praetors who
e18, 5, 56.
92 6, 4, 30.
9 Either Africanus or Claudius, 6, 26, 8; 15, 13,
4 Not extant.
96
6,
4,
1.
95 The Emperor.
29.
7 Note the Greek form of the name, since the aqueduct was in
Constantinople. 6, 2, 18.
8 The date conflicts with the date of the prefecture of Eutychianus.
9 By the people.
100 6, 2, 17, n. 16.
101 pro, instead of, on behalf of.
[ 126 ]
Consuls, Prefects, Masters of Soldiers, and Patricians

follow the first class shall know that they shall expend one
hundred fifty pounds of silver, but those who are numbered in the third class shall expend one hundred pounds
of silver, nor shall license for extravagant expenditure be
granted to anyone.
I. But because one praetor had recently' 0 2 been assigned
by the divine imperial will of Our Clemency for the celebration each year of the theatrical performances and the
games of the circus, on which he was to expend five hundred pounds of silver, now, indeed, it is established that
this sum in the case of the former praetors ...
398
or 399-103
34-104
. . . We do not allow this to be done to their prejudice, since, indeed, neither the preoccupation of the Most
August Senate nor any reason for judicial delay shall be
able to harm those who have been arraigned in a ... of the
court, and this indeed shall be proved by the tenor of the
records that are produced within the statutory time limits.
I. Therefore this fear shall be removed, and the case of
each person shall be tried on its own merits, so that if anything should be established in a case of this kind by a
judicial decision, with reference to the prejudicial effect of
the statutory time limit, it shall remain firm.
2. But unless the apparitors 0 5 should notify the nominees
within five months, and unless within seven months by insistently urging with all their strength they should bring it
about that the causes for exemption are judicially investigated, We command that they shall be threatened with the
punishment established by the law106 of the sainted Valens.
3. Because the straitened circumstances of many appointees make a delay necessary in this exhibition of games,
the delay of three years which had been conceded to them
by law, on account of the necessary preparation for the
performance of this public service, shall become obsolete,,o7
and because, of course, in ... this they do not need so long
a period of time for such preparation, We decree that this

matter shall be assigned to the court of Your Magnitudeas
and that of the Most August Order,' 9 so that you may
consider the allegations and the fortunes of those men and
may grant a postponement of two or three or even five
years, if the situation should so require, to those to whom
it may deservedly be conceded. This relief is for persons
in straitened or even moderate circumstances and is not a
respite for voluntary and delightful voluptuousness, in
order that those who are wealthy and abounding in riches
may abuse this postponement.
Given on the day before the ides of June at Constantinople in the
year of the consulship of Bassus and Philippus.-June 12, 408.
TITLE 5: THE ORDER OF DIGNITIES SHALL

BE PRESERVED' (UT DIGNITATUM ORDO
SERVETUR)
1.2
Emperors Gratian, Valentinian, and Theodosius Augus-
tuses to Clearchus, Prefect of the City.

Nothing is so injurious to the preservation and guarding
1026, 4, 32.
10 7, I, 17; 13, I,
16. Severus was Prefect of the City of Constantinople between Romulianus and Clearchus.
104 6, 4, 22. The beginning of this constitution and the end of the
preceding one have been lost, 6, i, n. i.
105
107
Reading in officiales.
Reading exolebit.
10 6, 4, 22.
of the grades of rank as is the ambition for usurpation. For

all prerogatives of merit perish if a place of honor that
ought to be guarded is usurped rather than maintained,
apart from any respect and consideration or from the
nature of a promotion, even a deserved one, so that either
better men are robbed of their due or that which appears
to be undeserved is of advantage to inferiors.
Given on the fourth day before the kalends of January at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-December29, 383.3
INTERPRETATION: No person shall usurp honors or rank
which he did not properly obtain from the Emperor. For

just as a rank is an ornament to any person who has earned
it, so those who usurp it shall be branded with infamy.
2.' The same Augustuses to Praetextatus, Praetorian Prefect.
Valentinian of celestial memory, the ancestor of Our
Imperial Divinity, prescribed 5 a fixed rank and merit for
each separate dignity. I. If any person, therefore, should
usurp a rank not due to him, he cannot defend himself by
any plea of ignorance, and he is clearly guilty of sacrilege
in that he has ignored the divine imperial commands.
Given on the twelfth day before the kalends of June at Milan in
the year of the consulship of the Most Noble Richomer and Clearchus.-May 21, 384.
INTERPRETATION: If any person should usurp a dignity

that he has not properly obtained from the Emperor, he
shall be held guilty of sacrilege. (Here must be added from
the law what the penalty for sacrilege is.) 6
TITLE 6: CONSULS, PREFECTS, MASTERS OF

SOLDIERS, AND PATRICIANS' (DE CONSULI-
BUS, PRAEFECTIS, MAGISTRIS MILITUM, ET

PATRICIIS)
1.2 Emperors Gratian, Valentinian, and Theodosius Augustuses to Severus,3 Prefect of the City.
By a manifest ordinance We decree that all the highest
ranking dignities must yield precedence to the consulship.
I. But just as the consulship must be placed before all the
supreme heights of dignity, even in every act, official expression of opinion, or meeting of the Senatorial assembly,
so if any person is distinguished by the consulship and
either the prefecture or the supreme height of military
rank,4 it has not been doubtful for some time that he shall
108 Monaxius, Prefect of the City.

109 The Senate.
' Brev. 6, 1; CJ 12, 8.

2 6, 22, 7; Brev. 6, 1, 1.
8The subscription is corrupt, M.
4 6, 5, I; Brev. 6, 1, 2; CJ 12, 8, I.
5 6, 5, 1.
6 A note of the Interpreter for users of the Breviarium.
1 CJ
12,
3.
Q12,3,1.
s Seven constitutions are extant that were issued to Severus as

Prefect in 382. Five of them are addressed to him as Prefect of the
City: 6, 6, I; 8, 9, 2; 12, 12, 8; 14, 6, 4; 14, 18, 1. Two are addressed to him as Praetorian Prefect: 7, 18, 6; 8, 4, 13. On account
of its contents, 14, 6, 4 pertains to the duties of the prefect of the
City. 7, 18, 6 does not so pertain, since it was posted at Carthage
and its contents are not suitable for the prefect of the City as is
also true of 8, 4, 13. The dates of 6, 6, 1; 7, 18, 6; 8, 4, 13; 14, 6, 4
are almost the same. It is impossible to explain all these facts
satisfactorily.
4 Master of Soldiers.
E 127 i
6.6- i
Consuls, Prefects, Masters of Soldiers, and Patricians
take precedence of men of consular rank.' 2. Furthermore,

if it should happen that to these two prerogatives the glory
of the patriciate also should be added, who would doubt
that such a man should be exalted above all others? For one
honor alone is not able to take precedence over two or more,
provided that any one of those dignities designated above
should be associated with the consulship.
Given on the kalends of April in the year of the consulship of the
Most Noble Antonius and Syagrius.-April 1, 382.
TITLE
FECTS
DIERS'
URBIS
7: PRAETORIAN PREFECTS, PREOF THE CITY, AND MASTERS OF SOL(DE PRAEFECTIS PRAETORIO SIVE
ET MAGISTRIS MILITUM)
We consider that the prefect of the City, the praetorian
prefect, and the masters of the horse and foot are of identical dignity, to such an extent, of course, that when they
have retired to private life, it is Our will that the one shall
take precedence who preceded the others in the time of his
promotion and his acquisition of the imperial letters patent.
i. Therefore, it is Our will that the designated order of
the municipalitiess shall be observed particularly in cases
where there exists a special reason' for visiting and greeting the judge in his private council chambers and in extraordinary sessions. 2. But in the Most August and lawful
Assembly of Our Senate, the ranks' as arranged by the
ancient ordinances shall obtain.
Given on the third day before the nones of July at Nasonacum:
July 5. Received on the third day before the nones of September in
the year of the consulship of Modestus and Arintheus.-September
3, 372.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Restutus, Prefect of the City.8
If any person should undertake and perform the duties of
the office of master of the horse and foot, before the prefecture has been held by another, after the former has become a private citizen and has relinquished his honor, he
shall take precedence of the ex-prefects that have been
promoted to this honor after him. i. Therefore, those persons promoted first shall have more prominent seats, a more
distinguished place, and priority in deciding and speaking,
if they acquired the splendor of their magistracy before
the others did. (Etc.)
2.7
grand chamberlain, or if hereafter any person should be

summoned by his lot to ascend to this degree of superiority, he shall enjoy that rank which is bestowed upon those
persons who have attained to the most eminent praetorian
prefecture or the prefecture of the City, or certainly to the
power of master of soldiers, so that there shall be no distinction in rank among them after they have relinquished
their administrative posts, whether they are admitted to
Our presence for the purpose of adoring the imperial
majesty of Our Serenity or whether at their own discretion they attend the customary festivities and assemblies
and salutations or any other functions. In the matter of
seating and in assemblies, that order of precedence shall be
observed in their case which is shown by the order of their
promotion,3 and they shall, of course, wear the conventional garb,4 since it has been clearly decreed that a person
shall take precedence who preceded the others in obtaining
his dignity, and that person shall follow whom a more recent consideration has approved.
i. But just as the merits of the Illustrious Macrobius5
have moved Us to the promulgation of this law, so it is
Our will that the observance of this statute shall take its
auspicious beginning from the date of his promotion. Thus
if any persons were promoted before him, they shall have
the right to enjoy the honor bestowed upon them under this
condition, namely, that they shall not refer the time of
their promotion to an improper use of the law' nor shall
they demand that they be preferred to any persons who
obtained the praetorian or City prefectures or the office of
master of soldiers after their promotion, but they shall be
considered as though they had just now begun to hold this
honor. They shall remain in the same order of precedence
in which Our liberality now establishes them, and they shall
date their time of promotion from the time of promotion
of the Illustrious Macrobius, so that from the beginning of
his administration, as each one has been or shall be promoted, he shall establish his right to the rank of his dignity.
Given on the eighth day before the ides of November at Constantinople in the year of the thirteenth consulship of Honorius Augustus and the tenth consulship of Theodosius Augustus.-November
6, 422.
Given on the eighth day before the kalends of July at Thessalonica

in the year of the fifth consulship of GratianAugustus and the first
consulship of Theodosius Augustus.-June 24, 380.
TITLE 9: QUAESTORS, MASTERS OF OFFICES, COUNTS OF THE SACRED IMPERIAL

LARGESSES AND OF THE PRIVY PURSE' (DE
QUAESTORIBUS, MAGISTRIS OFFICIORUM,
COMITE SACRARUM LARGITIONUM ET RERUM PRIVATARUM)
(DE
TITLE 8: GRAND CHAMBERLAINS'
PRAEPOSITIS SACRI CUBICULI)
Florentius, Prefect of the City.
If any person has been or should now begin to be Our
i. Emperors Valentinian, Valens, and Gratian Augustuses

(After other matters.) It is Our will that the honors of
those persons who serve Our imperial sanctuary2 with well
tested zeal shall be distinguished with this observance,
5 consularis, literally of the rank of consular, but apparently

meaning the rank of consul.
3 That is, the time when each was promoted, since earlier promotions ordinarily take precedence of later ones.
414, 10.
2 QJ 12, 4, 1.
4scivitatum. Or, reading dignitatum: the designated order of rank
shall be observed.
4 ratio, reason, order, right.
5 dignitates, order of precedence?
6 6, 9, I; 6, II, I ; 6, 14, I ; 6, 22, 4.
7 CJ 12, 4, 2.
8 6, 9, 2; 14, 17,8.
CJ 12,
1CJ
12, 5.
2 CJ 12,
5, 1.
5 Aurelius Ambrosius Theodosius Macrobius, author of the wellknown Saturnaliaand other writings.
6 legis usurpatio, they do not misuse the law by improperly assigning the time of the promotion.
1 CJ
12, 6.
2 sacrarium, the imperial consistory, so-called on account of its
association with the sacred imperial majesty of the Emperor.
[ 128 J
6-10-4
Chief of Office Staff and Imperial Secretaries

namely, that the quaestor, the master of offices, and the
two counts of the largesses3 shall take precedence of the
honors of proconsulars. (Etc.)
3, 372."
Emperors Gratian, Valentinian, and Theodosius Augustuses to Restutus, Prefect of the City."
(After other matters.) If any persons through the honors of the ex-quaestorshipT or actual service as masters' or
as counts of both Our treasuries have served with stupendous glory, they shall be received with the customary
acclamations. They shall not be passed over as though unknown and as though they should not be placed on an equality with any person who has served as prefect, but they
shall be respected with the aforesaid veneration in every
gathering and every assembly. For the reckoning of their
merit is not unequal,9 even though a delay should intervene, 10 since they already press close upon that dignity
which is due by law to the aforesaid prefect.
i. Even though there should be a difference between the
time of magistracy and that of private life, the dignity of
the office that they have relinquished shall make these men
equal and similar in honor. For what is there in these four
dignities" that We may not consider as common with the
prefecture, in accordance with the appropriate diversity?
2. Since this is true, it is Our will that the aforesaid men
shall be considered not only in the same manner as those
who have properly gained the right to the prefecture but
as those who have served as prefects, since they shall not
be given precedence by the privilege due to time, but they
shall enjoy an equality of honor.
2.5
Given on the eighth day before the kalends of June at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulshif of Theodosius Augustus.-May 25 (June 24),
380.
TITLE 10: THE CHIEF OF OFFICE STAFF

AND THE IMPERIAL SECRETARIES' (DE
PRIMICERIO ET NOTARIIS)
Our Piety has an especial zeal with respect to the name
of imperial secretaries. Therefore, if ever men of this class
should exchange their labor for repose or relinquish their
toil on account of old age or should enjoy any other dignity
thereafter, they shall not surrender the name of their
former imperial service, but they shall have the right to
assume the advantage of the later honor also.
i. If any member of an office staff, and especially of the
1.2
The count of the sacred imperial largesses and the count of the
office staff of Your Sublimity, should be lawless enough to

disquiet such persons with the burden of tax inspection or
tax equalization,8 or with any other burden, he shall know
that if he is detected as guilty of even a slight offense, his
own office staff shall be punished with the risk of the infliction of a heavy fine, and the body of the tax accountants
shall be diminished by the dismissal of the author of the
wrong.
Given on the seventeenth* day before the kalends of July at Thessalonica in the year of the fifth consulship of Gratian Augustus and
2. The same Augustuses to Valerianus, Prefect of the City.

If the office chiefs of the imperial secretaries in accordance with their own desire should retire from service in
Our imperial consistory without undertaking an administrative office,5 We sanction that they shall not only be
granted precedence of vicars but that they shall also be
made equal to proconsuls, so that there shall be no distinction except that of time. 6 1. The tribune' and the imperial
secretary who follow" the chief of the office staff shall enjoy the same honor, in the same order. 2. Furthermore, We
order that the other imperial secretaries and the tribunes
shall be equalized with the vicars, and those shall take
precedence who first began to be called by this title. 3. Indeed, in a similar manner We equalize the confidential advisers9 and the imperial secretaries with the consulars.
(Etc.)
Given on the fourth day before the kalends of April: March 29.
Received on the twelfth day before the kalends of May in the year
of the consulship of the Most Noble Syagrius and Eucherius.April 20, 381.10

We rank the chief of the office staff of the imperial secretaries in the class of proconsuls, as if We had always
given to him the fasces and the curule insignia'" of a count.
I. We assign a place not far from his to the apparitors of
praetorian prefects, so that those who had attained to the
tribuneship of this class shall appear to obtain the insignia2
of a count of the Orient or of Egypt. 2. No person shall

doubt that the tribunes of the remaining classes shall be
equalized with vicars and shall be given precedence of those
whom they preceded in the attainment of this honor. 3. We
sanction that the rest, whom the classification of confidential advisers" places in the group between the imperial
secretaries and Our retinue," shall obtain a rank equal to
that of consulars. (Etc.)
the consulship of Syagrius and Eucherius.-December 13, 381.14
4. Emperor Theodosius Augustus and Valentinian Caesar

to Hierius, Praetorian Prefect of the Orient.
(After other matters.) Those ex-chiefs of office staffs
of the imperial secretaries who by their vigilance and toil
have earned the right to advance to the illustrious height of
privy purse.
4 6, 7, 1.
C 12, 6, 1.
Q
6 6, 7, 2; 14, 17, 8.
Apparently honorary here, though an ex-quaestor might be
either an honorary one or a man who had actually served as quaestor. See ex- in Glossary. Or: If any persons through the honor of
the quaestorship or ...
8 magisterium, office of master of offices, G.
9 To that of the prefect.
10 Before their appointment.
11 Quaestors, masters of offices, counts of the sacred imperial
largesses, counts of the privy purse.
7
1 CJ
12, 7.
2 CJ 12, 7 , I.
3Suitable persons were nominated for such compulsory public

services and compelled to serve without compensation.
4 The fifteenth, according to 3, 5, 10.
5 Such as that of governor of a province.
6 Of appointment to such rank.
7 Of the office staff.
8 Are next in rank.
9 domestici, household guard, confidential advisers.
1o 6, 22, 5; 6, 26, 2.
11 curulia, the insignia of curule magistrates.
12 infulae, ribbons, badges, insignia.
13
familiares.
14
6,
E 129 ]
22,
6.
6-10-4
Chief of Office Staff and Imperial Secretaries
master" shall not be reduced to the rank of the others who

have obtained honorary imperial letters patent, since the
very fact that they have attained the first rank in the noble
imperial service and that they have so often performed
services for the public good proves that they have never
been idle. (Etc.)
Given on the tenth day before the kalends of October at Topisum16 in the year of the eleventh consulship of Theodosius Augustus
and the consulship of Valentinian Caesar.-September 22, 425.1-7
TITLE 11: MASTERS OF THE IMPERIAL BUREAUS' (DE MAGISTRIS SCRINIORUM)

1.2 Emperors Valentinian, Valens, and Gratian Augustuses to Ampelius, Prefect of the City.
(After other matters.) It is Our will that masters of
Our bureaus shall be given precedence of those persons that
hold the power of vicar. (Etc.)
3, 372.3
TITLE 12: COUNTS OF THE IMPERIAL CONSISTORY'

(DE COMITIBUS CONSISTORIANIS)
1.2 Emperors Arcadius and Honorius Augustuses to Severinus, Prefect of the City.
The dignity of the Respectables Comasius and Clearchus
has reminded Us that We should command by a general
ordinance that any person who has attained the right to be
called a count of the consistory of Our Tranquillity shall
be made equal to proconsulars, so that when he has passed
through this rank, he shall vindicate his dignity before all
others.
Given on the seventh day before the kalends of October at Constantinople in the year of the consulship of the Most Noble Theodorus.-September 25, 399.-
TITLE 13: COUNTS AND TRIBUNES OF THE

SCHOLARIANS' (DE COMITIBUS ET TRIBUNIS SCHOLARUM)
Priscianus, Prefect of the City.
We command that if the provosts and tribunes of the
scholarians, who are entertained at the divine imperial banquets and have long since obtained the right to adore the
Emperor and among whom are also numbered the tribune
of the sacred imperial stable and the curator of the palace,'
should obtain a countship of the first order along with the
provostship and should not happen to attain a higher rank,
after the renunciation of their oaths of imperial service'
15 magister, master of offices.
16 Topirum, a town in Thrace, M., 6, 22, n. 32.
17 6, 22, 8.
2 6, 7, i, n. 6.
3 398 seems to be required, according to the other constitutions
1 CJ 12, 9-
that were issued to the prefects of the City for 398-3992 CJ 12, 10, I.
1 CJ 12, 10.
3 We should expect 398, M.

1 CJ
12, II.
2 CJ 12, ii,
i. See Glossary, s.v. Adoration.
a cura palatii.
4 That is, after their retirement from service.
they shall be numbered among those who were counts of

Egypt or of the Diocese of Pontus, whose rank is equal.
i. But if they should obtain the administration of the scholarians without the honor of any countship, We order that
after their release from the imperial service they shall be
numbered among those who were dukes of provinces.
(Etc.)
Given on the twelfth day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Lucius.March 21, 413.5
TITLE 14: COUNTS OF MILITARY AFFAIRS'

(DE COMITIBUS REI MILITARIS)
1.' Emperors Valentinian, Valens, and Gratian Augustuses
(After other matters.) Those men who have very gallantly led their soldiers in transmarine provinces and in
consideration of their merits have obtained the countship
of the first order shall be subjoined3 to men of the loftiest
ranks, and such respect shall be paid to them that those
who are decorated with the insignia of the proconsulate
shall yield precedence to them.4 (Etc.)
Given on the third day before the nones of JulV at Nasonnacum
in the year of the consulship of Modestus and Arintheus.-July 5,
372.5
2. Emperors Arcadius and Honorius Augustuses to Florentinus, Prefect of the City. 6

(After other matters.) It shall be permitted to recall no
man, if a member of a military organization, to a municipal
council after he has attained the countship of the first order,
provided only that he attain such approved merit through
his labor over which he has long sweated and that he reap
. .. the fruit of his previous achievements.
i. But if such prerogatives, either as the first or as the

only ones, should be shamefully impetrated, by means of
disgracefully corrupt solicitation, by any person without
any experience of previous military service, they shall not
advantage him, because they appear to have been acquired
for fraudulent purposes. 2. Nevertheless, it shall not be permitted for any man to be recalled to the municipal council
after a very long time,7 even when he has impetrated the
countship of the second order by bribery. (Etc.)
Given on the twelfth day before the kalends of January at Milan
2z, 397.

(After other matters.) Those men who with the rank of
a count of the first order have had an army entrusted to
them and have been especially dispatched by the authority
of Our Imperial Divinity to any province or provinces for
their defense, and those who have acted as administrative
representatives of the Illustrious masters of soldiers are
5 6, 15, I; 6, 16, I; 6, 17, I; 6, 20, I; 6, 14, 3.
1 CJ
12, 12.
26, 22, 4; CJ 12, 12, 1.
3 That is, associated with and placed next in rank. The remainder
of this passage is identical with 6, 22, 4, end.
4 Or: they shall yield precedence to those who are decorated with
the insignia of the proconsulate.
5 6, 7, 1, n. 6.
6 6, 2, 20. Cf. 2, 29, n.
7 diutius.
I; Min. Sen., n.
8 CJ
E 130 ]
25.
12, 12, 2.
6-20-1
Counts of First Order of the Various Arts

equalized by Us with the dukes who have administered any
provinces except Egypt and Pontus.
Given on the twelfth day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Lucius.March 21, 413.9
TITLE 15: COUNTS WHO SERVE AS ASSESSORS TO ILLUSTRIOUS OFFICIALS WHO ARE
ON ACTIVE DUTY (DE COMITIBUS QUI ILLUSTRIBUS AGENTIBUS ASSIDENT)
i. Emperors Honorius and Theodosius Augustuses to
(After other matters.) We order that after their retirement from the imperial service, those assessors with the
rank of count of the first order, who in council have assisted or who shall hereafter assist Illustrious officials in
actual service, either in the provinces or at the sacred imperial court, shall be ranked among those who have obtained the title of vicar' by administrative service, since it
is absurd that those persons who are decorated with the
countship of the first order should be inferior to the vicars
of the exalted office, 2 whose dignity is increased if, when
they have the power of a vicar, they are decorated with the
insignia of a count of the first order. (Etc.)
Given on the fifteenths day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Lucius.
March
18
(21), 413.
TITLE 16: COUNTS AND CHIEF PHYSICIANS

OF THE SACRED IMPERIAL PALACE' (DE
COMITIBUS ET ARCHIATRIS SACRI PALATII)

(After other matters.) If chief physicians as members
of the imperial service within the palace should be ennobled by the rank of count of the first order, whether
they have already retired from the imperial service or
should hereafter retire, We command that they shall be
rated among the vicars, so that there shall be no difference
between the vicars and dukes who have actually served as
administrators and those who have obtained the rank of
count of the first order, except the distinction produced by
the time when any of the aforementioned persons served
as administrators or obtained the insignia of count. (Etc.)
Given on the twelfth day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Lucius.
-March
21, 413.3
TITLE 17: COUNTS WHO GOVERN PROVINCES1 (DE COMITIBUS QUI PROVINCIAS
REGUNT)
(After other matters.) We do not pass over in silence
those persons in civil administration and the government
of provinces who have obtained, along with the right of
9 6, 13, I, n. 5.
2
Of the praetorian prefect.
3 The twelfth, 6, 13, I, n. 5.

12, 13.
CJ
12, 14.
-March 21, 4 13.-
TITLE 18: COUNTS RETIRED FROM ACTIVE

SERVICE (DE COMITIBUS VACANTIBUS)
Epiphanius, Prefect of the City.

Men who have administered offices of high honor shall
suffer no indignity in public salutations nor shall any man
assume precedence of them, if he has impetrated the rank
of count of the first order either with a price or by favoritism. For although they have the same title, this title must
be evaluated on the basis of their respective merits, and
only those persons shall observe the time of appointment
who after approved labors in Our palace have earned the
right to be counts.
i. Lest the rash lawlessness of any person should be able
to dare anything with impunity against Our statute, We
command that a penalty of ten pounds of gold shall threaten
the office staffs and all persons who are constrained by
their duties as supervisors of public salutations.2
Given on the ides of October at Ravenna in the year of the ninth
consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-October 15, 412.3
TITLE 19: GOVERNORS WITH THE RANK OF

CONSULAR AND PRAESES (DE CONSULARIBUS ET PRAESIDIBUS)
i. Emperors Arcadius and Honorius Augustuses to Messala, Praetorian Prefect.
To the counts of the Italic and Gallic prefectures We
justly prefer' those men who have administered the office
of consular, 2 since, indeed, it is no small title of merit to
regulate and govern a province.
Given on the third day before the kalends of October at Aquileia
in the year of the consulship of the Most Noble Stilicho and
Aurelianus.-Septenber 29, 400.
TITLE 20: COUNTS OF THE FIRST ORDER OF

THE VARIOUS ARTS (DE COMITIBUS ORDINIS PRIMI ARTIUM DIVERSARUM)
(After other matters.) If any persons have been so approved by their devotion to some common technical skill'
or by their temporary supervision of a public work that
was enjoined upon them or by some minor procuracy of
public business 2 that was entrusted to them, that they have
been granted the rank of count of the first order, they shall
3 6, 13, 1, n. 5.
1
1 vicaria praefectura.
1 CJ
jurisdiction, the additional honor of being counts of the

first order; for after their retirement from their administration, they also shall enjoy the privileges of the rank
of vicar. (Etc.)
36, 13, I, n. 5.
12, 13, 1.
2
CJ
12,
14,
1.
honorabiles viri.
2 cura
salutationis.
1 And thus give precedence to.

2 consularitatis dignitas.
1 vulgaris ars, common art.
2 rerum publicarum procuratio.
S131
8 6, 26, 14, n. 35.
6-20-1
Counts of First Order of the Various Arts
know that after they have performed3 the service which

they had undertaken, they shall be named among those who
had been consulars, unless perchance they should be content with the emoluments received during their period of
imperial service and should spurn this title and consider
that the rank of consular should be rejected, lest they be
obligated to sustain the burdens of the tax payments or be
compelled to attend the meetings of the Senate and other
such assemblies which demand the appearance of dignitaries. (Etc.)
-March
21, 4I3.4
TITLE 21: THE PROFESSORS WHO AS

TEACHERS IN THE CITY OF CONSTANTINOPLE HAVE ACQUIRED THE RANK OF
COUNT IN ACCORDANCE WITH THE LAW'
(DE PROFESSORIBUS QUI IN URBE CONSTANTINOPOLITANA DOCENTES EX LEGE
MERUERINT COMITIVAM)
to Theophilus, Prefect of the City.
It is Our pleasure that the Greek grammarians,3 Helladius and Syrianus, the Latin grammarian, Theophilus, the
professors of argumentation,4 Martinus and Maximus, and
the professor of law,' Leontius, shall be honored as counts
of the first order with the imperial letters patent that they
have already received from Our Majesty, so that they shall
obtain the rank of those who are ex-vicars. In regard to
this matter if any other persons should be reported as appointed to that kind of teaching which each professes, if
they show that they are living a life praiseworthy in itself,
with approved morals, if they have demonstrated their
skill in teaching, their eloquence in speaking, their subtlety
in interpretation, and their fluency in dissertation, and if
they have been deemed worthy by the judgment of the
Most August Assembly,6 in so far as they perform the
duties of professors in the aforesaid auditorium, 7 these
men also, when they have come to the twentieth year of
service in their constant devotion and their zealous labor
of teaching, shall enjoy the same rank as do those persons
mentioned above.
Given on the ides of March at Constantinople in the year of the

eleventh consulship of Theodosius Augustus and the consulship of
Valentinian Caesar.-March 15, 425.
TITLE 22: HONORARY IMPERIAL LETTERS

PATENT (DE HONORARIIS CODICILLIS)
i. Emperor Constantine Augustus to Severus,' Prefect of
the City.
If any person should allege that by Our judgment he
has obtained imperial letters patent and either the outer

imprint or the inner writing of the letters patent should
confirm the aforesaid allegations, still, if it should be
established that money had been expected for this, 2 nonetheless he shall be cast back into the plebeian class out of
which he attempted to extricate himself, and he shall be repudiated. i. For only those persons must be selected for the
bestowal of honors who have served in the palace or who
have performed administrative functions;' all others shall
be removed from this class and restored to the municipal
councils. 2. If there should be any persons, however, who
through the support of responsible men, without the payment of any money, or who through the assumption of
service as a delegate4 of a province, have been honored by
Our presence, such persons, after having gained the credit
of duumvirates, curatorships, and the office of flamen of
their province, shall not refuse to undergo all the other
compulsory public services.
3. But if any persons should obtain the administration of
imperial procuratorships by purchase2 and after gaining the
desired emoluments from the fisc they should obtain retirement from service, whether they are of the rank of Most
Perfect or hold the rank and position of Egregious, they
shall be appointed as decurions. 4. To the latter group must
be added also those who are not ex-administrators and yet
escape notice as holding the rank of Most Perfect.
Given on the tenth day before the kalends of February at
Sirmium: January 23. Received on the nones of April in the year
of the second consulship of Crispus and Constantine Caesars.April 5, 321; 324.
2.- Emperor Constantius Augustus to Aconius,6 Vicar of

Africa.
Trafficking in honors through patronage or acquiring
them through any corrupt solicitation 2 whatever is forbidden under an established penalty.
i. We add that if any person should attempt to evade the
duties of his municipal council and should seek to obtain
the shadow and the name of high rank,7 he shall be compelled to pay thirty pounds of silver, and the fine of gold
shall also remain, to the payment of which he is constrained
by the eternal law.8
Posted9 on the fifth day before the kalends of December: November 27. Received on the seventeenth day before the kalends of
January10 at Timgad in the year of the consulship of Ursus and
Polemius.-Decenber 16, 338.
3. The same Augustus to Marcellinus, Praetorian Prefect.

All persons" who through patronage 2 have obtained the
rank of governor1 2 or of fiscal representative must immediately perform the services enjoined upon them by the
judges.
i. For if persons are often sent out from the palace of
Our Serenity for the exaction of payments" and if such
2 For assistance in attaining this honor,
3 Retired from.
4 6, 13, 1, n. 5.
15, 1.
* An ancient grammarian was a professor of literature, and a
Greek grammarian would be a professor of Greek literature.
4 sophistae.
5 jurisperitus, jurist, jurisconsult, professor of law.
6 The Senate of Rome or of Constantinople.
7 memoratum auditorium, the reference is obscure, since the compilers of the Theodosian Code omitted a necessary word or words.
CJ 12, 15.
2CJ 12,
1 Prefect of the City of Rome in 325-326.
132
n.
2, 29,
n. I; Min. Sen.,
25.
s administrationes, commonly refers to the government of provinces.

4 The provinces often chose such delegates, to convey petitions to
the Emperor. Cf. 12, 12.
5 12, I, 24-26.
6 Aco; 12, 1, 24 adds Catullinus.
7 umbra et nomen dignitatis, that is, an honorary title.
8 The law of the eternal Emperor.
9 Given, M.
10 June in the ms.
11 Apparently decurions.
12 praeses, apparently an honorary title.
13 exactiones, chiefly tax payments.
6*22*8
Honorary Imperial Letters Patent

persons are not given any advantage by the honor in which
they are placed, since the public good prevails, so much the
more must the official commands be obeyed, the orders regarded, and the mandates executed, by those persons who
have obtained the reward of high rank before they earned
it, especially since such persons know the situation of their
own municipalities and they are not unacquainted with any
method of exaction of payment.
2. However, by no means must the performance of a duty
of this kind be assigned to those persons who have attained the rank due them in the government" of the provinces and who through the sequence of administration and
actual service are living in the highest honor.
Given on the fourth day before the kalends of July in the year
of the consulship of Acindynus and Proculus.-June 28, 340.

(After other matters.) If any persons, in consideration
of their merits, should obtain honorary imperial letters
patent conferring upon them the title of master of the
horse, they shall be subjoined to men of the loftiest ranks,
and such respect shall be paid to them that those who are
decorated with the insignia of the proconsulate shall yield
precedence to them. (Etc.)
Given on the fourth day before the nones of June15 at Nasonnacum in the year of the consulship of Modestus and Arintheus.
-June
2 (July 5), 372.16
5. Emperors Gratian, Valentinian, and Theodosius Augustuses to Valerianus, Prefect of the City.
(After other matters.) It is Our will that if any persons should be stationed outside the palace and by petition
should be invested with titular 7 honors conferred by imperial letters patent entitling them to the rank of proconsular, or by imperial epistles entitling them to the rank of
vicar, or by insignia entitling them to the rank of consular,
they shall yield precedence to any person who has obtained
his promotion by service as an administrator or by a position in the imperial service.
Given on the fourth day before the kalends of April at Milan
in the year of the consulship of the Most Noble Syagrius and
Eucherius.-March 29, 381.18

(After other matters.) It is Our will that if any persons
have not performed the duties of public offices or the functions of the imperial service, if they enjoy the shade of a
secluded repose, and if they have acquired the semblance
of all their honors by patronage2 rather than by merit, they
shall debate among themselves as to the distinction derived
from the time of their appointments rather than that We
should associate them by any usurpation with those persons whom We have associated with immortality, not by
simulated honors, but by honors of actual service.
Given on the ides of December at Constantinople in the year
of the consulship of Syagrius and Eucherius.-December 13, 38I.19
720 The same Augustuses to Postumianus, Praetorian

Prefect.
With respect to honors, it is Our will that the following
14 in re publica provinciarum, apparently municipal government.
15 On the third day before the nones of July, 6, 14, 1.
16 6, 7, 1, n. 6.
17 assimulaticii, pretended, unreal, titular, honorary.
18 6,
10, 2; 6, 26, 2.
196, 10, 3.
206, 5, 1.
order 2 1 shall be observed, namely, that the individual holders of honorary titles shall not be given precedence over
those persons who have borne the insignia of administration; and, of course, since the order of proconsular dignities yields precedence to the topmost summit of the sublime prefecture, each official who has completed his service
as administrator with the power of vicar and who has impetrated imperial letters patent entitling him to the rank
of ex-prefect shall understand that in no manner may he
usurp a place for himself so as to presume an order of
precedence and prerogative of salutation among those
officials who enjoy the high dignity of actual service as prefects. But he shall recognize that the place due to him lies
open among men of proconsular rank, among those, however, who have earned and obtained the right to the honor
of the axes and fasces 22 of the said administrative position,
but that he shall be given precedence of those who perchance have impetrated imperial letters patent entitling
them to the rank of proconsular and who without the privilege of service as administrators have obtained only factitious and honorary titles. This, indeed, We decree must be
observed with reference to those officials who have administered the authority of vicar.
i. But if any official from the number of authorities
ordinary, whether an administrator with the title of consular or with the name of governor,2 3 should impetrate
honorary imperial letters patent entitling him to the rank
of ex-prefect or even of ex-proconsul, he shall understand
that the order of precedence granted to him in the bestowal of respects shall be preserved after those officials
who have acted as administrators with the power of vicar.
However, the distinction shall be observed in so far as regards the merit of authorities ordinary that those officials
who have borne the title of a gubernatorial administration
and who have obtained imperial letters patent entitling
them to the rank of ex-vicar or ex-proconsul or those who
have obtained imperial letters patent entitling them to the
rank of ex-prefects, a privilege that is accustomed to be
sought prematurely, shall yield precedence to those persons
who through the privilege of completed service as administrators have borne the dignity of the title of consular that
they have received in the provinces, and all desire for the
use of corrupt solicitation 2 shall cease. 2. Every person who
has completed his service as an administrator in any capacity whatever shall be mindful of his honors; each shall
be mindful of his merits and shall seek only that grade of
honorary promotion which he recognizes as most closely
adjoining the position of his order of precedence.
3. But if any person should disregard the established
order of precedence or should presume to usurp and impetrate any higher position with respect to the aforesaid honors than the reasonable claims and the general rule of his
own place allow, he shall know that not only must he be
deprived of that rank which he impetrated contrary to the
law, but he must also be fined twenty pounds of gold.
Given on the fourth day before the kalends of June at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-May 29, 383.

By a law2 4 of Our grandfather it has been approved that
21 Of
24
6,
precedence.
22 As proconsuls, G.
7, issued by Theodosius I.
22,
133 ]
23 praeses.
6-22*8
Honorary Imperial Letters Patent
if any official should traverse the grades appropriate to his

order and by the impetration of honorary imperial letters
patent should arrive at the supreme height of the prefecture, he shall not enjoy any prerogative of time, 25 nor as
against those persons who have obtained the insignia of a
magistracy and have performed by actual service the duties
of the office which they obtained shall he suppose that he
should arrogate anything to himself because by an interval
of time he had perchance preceded or anticipated such persons in arriving at a factitious 2 6 summit of the said honor
which they adorned by actual service; but he must know
that in every way in public functions he must yield precedence to those persons who were placed in an administrative office and who occupied the same position. It is also
Our will that the following provision shall be observed,
namely, that if any person should receive factitious" imperial letters patent or those conferred upon officials in
actual service, he shall not on account of his priority of
appointment seek for himself the right to precedence over
the persons who actually served in office.
i. Furthermore, in the case of the counts of the imperial
consistory, all persons shall know that it is Our pleasure
that those persons who have gained the right to be admitted into the secret chamber of Our consistory and to
participate in the official acts and to approach Our Oracle2 1
shall take precedence of those persons who were either
made counts while absent or who have attained this dignity
only by means of testimonial letters.28 Exceptions shall be
granted only if specific provisions are made by law with
reference to any merits of those persons in the professions
or of those in the imperial service and in the sacred imperial
bureaus who have performed toilsome service for years.
Such specific provisions were promulgated by the sanction 24
of Our grandfather and were established also by Our
Clemency.
2. Consequently, Your Excellency shall provide that this
law shall be transmitted for enforcement to all assemblies, 2 9
offices, and tribunals,30 with the understanding that those
persons shall always have precedence who performed the
administrative service of their position, and never shall an
honor that is conferred because it has been earned be compared with an honor that is assigned in imitation of such
merited honor.
3. No person, therefore, shall consider that he should be
applauded because of his number of years,3 ' because We
decree that the period of time shall be valid only between
those who follow each other as administrators of actual
service, or between those who are supported by an equal
factitious honor conferred by imperial letters patent. 4. No
person shall otherwise aspire to the dignity of count of the
consistory unless he has built his way to this glory in accordance with the norm prescribed by Our grandfather's
constitution.2 4
Given on the tenth day before the kalends of October at Topisum3 2
in the year of the eleventh consulship of Theodosius Augustus and
the consulship of Valentinian Caesar.-September 22, 425-33
25
26
Attaching to the date of his appointment.

imaginarlus.
27 The Emperor, Min. Sen., n. 61.
28 testimoniles, issued by the Emperor at the end of the term of

service.
29
conventus.
31
That have elapsed since a factitious honor was conferred upon
30 consessus.
him.
82 Topirum, M., 6, io, n. 16.
336, 10, 4.
TITLE 23: DECURIONS AND SILENTIARIES'

(DE DECURIONIBUS ET SILENTIARIIS)
Ursus, Prefect of the City, Aurelianus, Praetorian Prefect
of the Orient, and Strategius, Praetorian Prefect of Illyricum.
We command that decurions" of Our palace after the
faithful performance of their duties and after the renunciation of their oaths of imperial service,3 from the time of the
promulgation of this law shall be ranked among those persons who are ex-dukes, as if they themselves also had
actually held office as administrators. They shall have this
rank in the ceremony of the adoration 2 of Our Serenity, as
well as in the ceremony of the salutations of administrators
and in the other privileges of the aforesaid honor, but in
such a way that in the Most August and Venerable Order4
they shall be ranked among the Elite,2 they shall be exempt
from Senatorial tax assessment, and they shall not be sub-
ject to any assessment of the glebal tax.

Given on the day before the kalends of November at Constantinople in the year of the tenth consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-October 31, 415.
2.6 The same Augustuses to Venantius, Praetorian Prefect.6

No decurion or silentiary shall be compelled to fulfill any
obligation which is imposed on dignitaries on account of
the exigencies of affairs,' whether such decurion or silentiary should be proved to have chosen an honored leisure
after his former imperial service or whether by fortunate
promotion he should advance to a higher grade. But he
shall be exempt from the duty of furnishing recruits and
horses, and he shall pay the bare tax payment which is
generally demanded; no authority shall enjoin, nor necessity impose, any burden upon him.
Given on the seventh day before the ides of March at Ravenna in
the year of the consulship of Asclepiodotus and Marinianus.March 9, 423.

Flavianus, Praetorian Prefect.
You shall know that in the case of all decurions and
silentiaries, both those who after such imperial service
enjoy the leisure of an honored repose and those who advance to a higher grade by a fortunate promotion, all
privileges which they have previously received by the judgment of sainted Emperors are confirmed by the regulation
of this law. i. We also decree that if any privileges were
omitted from the former special imperial grants, they shall
be added, in order that no authority of any order,' even of
the Most August, shall impose upon them the burden of
furnishing regular or supplementary1 0 transport or supplementary posthorses. 2. We also order by this special grant
of imperial favor that they shall be exempt from com1 CJ 12, 16. Such palace decurions must not be confused with the
decurions who were members of municipal councils.
2 CJ 12, 16, 1. For technical terms, see the Glossary.
3 After their retirement.
5 CJ 12, 16, 2.
6 Count of the Privy Purse: II, 28, 13.
7 The financial difficulties of the State.
9 M. suggests: power.
8 CJ 12, 16, 3.
10 angariae vel parangariae,postwagons or supplementary postwagons; service of postwagons or supplementary postwagons; transport on highways or on byways.
[ 134 ]
6*24-3
Household Guards and Imperial Bodyguards

pulsory public services of a menial nature, from the burning
of lime, and from extraordinary burdens," and they shall
not be prejudiced by any general pragmatic sanction. 3.
License is granted to them to come to the imperial court
without the guarantee of an imperial letter of invitation,"
and a fine of ten pounds of gold shall be inflicted upon the
judges of the provinces and on their office staffs if they
should suppose that the statutes of Our Imperial Divinity
should be held in contempt.
Given on the ninth day before the kalends of April at Ravenna
in the year of the consulship of Aetius and Valerius.-March
24, 432.
4."
The same Augustuses to the Illustrious Darius, Prae-
torian Prefect of the Orient.

Induced by the merits of the decurions and the silentiaries We confirm the special grants of imperial favor conferred upon them, as they were so conferred14 by Our
son," the Lord Valentinian, forever Augustus, and We
honor them with special privileges, namely, that their landholdings shall not be compelled by the calumny of any person to contribute any regular or supplementary transport,o
or even supplementary posthorses, nor shall they be constrained to the performance of compulsory public services
of a menial nature. i. We free them also from the duty of
burning lime and from every extraordinary burden."' We
grant to them the license that after their term of imperial
service they shall have the right, whenever it seems best
to them, even to approach Our most sacred imperial court.
Each of the governors17 of the provinces and their office
staffs shall be punished with the payment of ten pounds of
gold if they should attempt to violate the statutes of Our
Clemency.
ia. To the foregoing provisions We add that when said
decurions and silentiaries have obtained the desired leisure
and begin to be numbered among the Senators, they shall
enjoy the Senatorial honor without the necessity of bearing
the burdens, and with delight in their exemption they shall
obtain the full enjoyment of their rank. They shall not be
assailed by being nominated to praetorships, and they shall
not be oppressed by the burden of the glebal tax, so that
they shall have only dignity from the Senate. ib. Their
houses, too, situated either in this most sacred City18 or in
any municipality whatever, We vindicate as exempt from
all molestation of quartering persons of any rank whatever,
with the limitation, of course, that only thirty silentiaries
and three decurions shall obtain these privileges, since never
has ancient custom allowed a greater number than this. 2.
But We decree that the special grants of imperial favor
described above can be obtained by decurions and silentiaries only when they have faultlessly kept their watches
through thirteen continuous years.
3. Your Illustrious Authority shall provide by the posting of edicts that the statutes of Our Clemency shall come
to the knowledge of all.
Given on the sixteenth day before the kalends of April at Constantinople in the year after the consulship of the Most Noble
Isidorus and Senator.-March 17 (16), 437.
11
12
superindicticii tituli, superindictions.

evocatoria.
'a CJ 12, 5, 2; 12, 16, 3.

146,23,3.
15 Son-in-law and junior Emperor, and thus officially called filius,
son.
16
superindicti gravamen; burden of any superindiction.

TITLE 24: THE HOUSEHOLD GUARD AND

THE IMPERIAL BODYGUARDS' (DE DOMESTICIS ET PROTECTORIBUS)
Emperor Julian Augustus to Secundus, Praetorian Prefect.
You shall know that, according to custom, six units of
animal rations2 must be furnished to each of the fifty
household guards who are stationed in their several barracks and who are ordered to be in the Presence.$ To all
the others who are in excess of the quota but who wish to
be in the Presence, neither personal subsistence allowances
nor animal rations2 shall be assigned, but all of them shall
be forced to return to their own peoples4 and lands.
i.

Antioch in the year of the consulship of Mamertinus and Nevitta.
-August I8, 362.
2.6 Emperors Valentinian and Valens Augustuses to

Severus, Count of the Household Guard.
Although the sons and close kinsmen of the household
guards may be small and below the age of puberty, We
attach them to the companies of these household guards,
so that not only shall these youths be enrolled in the official
registers, but they shall also be enriched by the grant of
subsistence allowances. For even though it should be established that such youths are not yet suitable for bearing
arms and for combat service, We command that each of
them shall obtain four such subsistence allowances while
they dwell in fixed abodes, with the provision that if additional subsistence allowances are taken or delivered by
means of post warrants with subsistence, such rations shall
be cut off.
Given on the fourteenth day before the kalends of September
in the year of the consulship of the sainted Jovian and of Varronianus.-August 19, 364; 365.
3. The same Augustuses to Severus, Count of the Household Guard.

Just as We observe that those persons enrolled in the
company of the imperial bodyguard and the household
guard arrive at this position by various routes, so also there
shall be a diversity in the payment of fees. For it is quite
grievous that after their period of toil, men who were
desirous of nothing more than glory should be exhausted
by such payments. However,.. . these men ... this custom,7
We command each of them to pay between five and ten
solidi in the name of fees to each of the primates of the
office staff. i. But it is Our will that if anyone, by patronage or by the favor of powerful persons, should be admitted
to adore the sacred imperial purple, he shall pay a fee of
fifty solidi.
Given on the fourteenth day before the kalends of September at
Milan in the year of the consulship6 of the sainted Jovian and of
Varronianus.-August 19, 364; 365.8
1 2, 29, n.
I;
CJ
12,
17.
2 capitum, provender for animals, horses, cattle, or camels, that
were used by soldiers.

3 Of the Emperor.
4ad plurimos. The text and translation are uncertain. M. suggests: to their lares.
5 6, 24, 3; 7, I, II.
6 The year after the consulship: Seeck, Regesten 71.

7 M.: However, We command each of them to pay only. The text
is defective.
8 6, 24, 2; but on that date Valentinian was not at Milan.
[ '35
71
6-24-4
Household Guards and Imperial Bodyguards
Members of the household guard and of the imperial
bodyguard shall have the right of osculation when they give
their salutations to the vicars of Your Excellency. For
punishment similar to that for sacrilege 0 shall be inflicted
upon any person who fails to accord the proper honor to
those who have been deemed worthy to touch Our purple.
Given on the day before the nones of March at Milan in the
year of the third consulship of Valentinian Augustus and the consulship of Eutropius.-March 6, 387.
5. The same Augustuses to Addeus, Count of the Household Guard.

If any persons have acquired the title of household
guard, who have never been engaged in Our service, who
have never been assigned to the performance of any definite
duties, and who have never executed any public orders,
their names shall be immediately removed from the official
register.
i. Then, too, if any person should lose his position in the
imperial service but should recover his place by Our adjudication, and if he should be restored to his original status
after a period of only one or two years, he shall remain in
his own rank and he shall not lose the fruit of the special
grant of imperial favor. But if after a long period of time
such person should strive by means of corrupt solicitation
and patronage to be reunited with the imperial service, his
name shall be added to the number of the latest enlistments;
however, he shall not now be enrolled at the end of the list,
but each person shall obtain the place where he could have
been last" if he had been restored to the service at the end
of two years.
in the year of the third consulship of Theodosius Augustus and
the consulship of the Most Noble Abundantius.-December 31,
393; 392.12
6. Emperors Arcadius and Honorius Augustuses to Addeus,12 Count and Master of Both Branches of the Military
Service.
A divine imperial regulation13 was formerly issued at the
supplication of the most loyal members of the imperial
household guard, whereby the industrious are preferred
to the indolent and those who have lived for themselves
rather than for the State all the time of their service are
forbidden to abuse the privilege that derives from priority
of time in their service. We hereby command that said
imperial regulation shall be valid also with respect to members of the imperial bodyguard, and it is Our will that it
shall remain unshaken and eternal, so that it can always be
renewed.
i. Therefore, Your Illustrious Authority shall not delay
to discharge from the imperial service those persons also
who are proved to have been of no assistance at any time,
either to Our needs or to military expeditions, and by the
authority of this law you shall decree priority to those
persons who you see ought to be preferred to the indolent.
9 CJ 12, 17, I.
3o M.: For it is almost the same as sacrilege, if the proper honor
is not accorded.
11 Or: each person shall obtain the lowest rank which he could
have held.
12 Addeus is called Count and Master of Both Branches of the
Military Service in the Orient in 393: 1, 5, 10; I, 7, 2; 6, 24, 6 (395).
18 6, 24, 5.
[ 136
Given on the fifth day before the nones of October at Constantinople in the year of the consulship of Olybrius and Probinus.
-October 3, 395.

Epiphanius, Prefect of the City.
When members of the household guard and of the imperial bodyguard first attain the rank of decemprimate by
length of time in the order of their imperial service, the
first ten such members in addition to the chief of office
staff shall forthwith have the right to vindicate for themselves the Senatorial rank, and they may congratulate themselves that by Our judgment they have attained the rank
of Most Noble, as Senators Elite. As the chief s14 of such
groups retire, each successor, whoever comes next, shall
vindicate a place for himself according to the order of the
official register, up to the statutory quota.
i. Besides, those persons shall not be called to any expenses of the Senatorial order if it is recognized that this
honor was bestowed upon them not by corrupt solicitation
but through their own merit and Our voluntary judgment.
Given on the sixth day before the kalends of January at Ravenna
in the year of the consulship of Constantius and Constans.-December (May) 27, 414.15
The same Augustuses to Monaxius, Praetorian Pref ect.

For Our most devoted household guard because,' 7 as
appears from the denotation of their name, they render intimate personal service"" to Us, We promulgate the sanction
that they desire, to the effect that, in addition to the chiefs
of office staff, their ten highest ranking members, when
they have attained the aforesaid rank of decemprimate,
shall forthwith be honored with the title of Most Noble;
they shall have the right to rejoice that they are ranked
among the Senators Elite, as though they were ex-consulars,
and that they have been clothed with the Senatorial dignity.
When their higher ranking members retire, those next in
order shall attain to the aforesaid dignity of Most Noble,
with the provision, however, that they shall be entirely
exempt from the Senatorial burdens.
8.16
Given on the fifteenth day before the kalends of December at

Constantinople in the year of the seventh consulship of Theodosius
Augustus and the consulship of Palladius.-November 17, 46.
9.1'9
The same Augustuses to Monaxius, Praetorian Prefect.
We do not allow the most devoted members of the imperial bodyguard to be without glory,. for they undertake
armed imperial service and bear the responsibility not only
of protecting their own company but also of guarding Our
body, whence they have also obtained the name of bodyguard. Just as We did recently in the case of the most devoted household guard, 2o so now to the imperial bodyguard
We grant the appropriate honor, namely, that in addition to
the chief of office staff, the ten highest ranking members
shall be exalted with the rank of Most Noble, and as the
previous highest ranking members retire in the established
order, the ten highest ranking members who follow, according to the requirement of their rank, shall immediately
on attaining this place vindicate for themselves the rank of
proceres.
15 13, 5, 38.
16 6, 24, 9.
17 Reading quod.
18 Reading militant. M. suggests: guard, whom, at their request
We have joined to Ourselves.
19 6, 24, 8; 6, 24, II; CJ 12, 17, 2.
20 protectores domestici.
14
Assistant Masters; Counts of Arrangements; Imperial Bureaus

Most Noble; they shall be included in the Most August
Order among the Senators Elite, as though they were exconsulars, and they shall not be constrained to the performance of any compulsory public services that are incumbent
upon Senators.
Given on the fifteenth day before the kalends of January at
Augustus and the consulship of Palladius.-December 18, 416.
Io. Emperors Theodosius and Valentinian Augustuses to

In addition to the chiefs of office staff of the imperial
bodyguard and the household guard,2 1 the ten highest ranking members of each company, when they have attained the
dignity of this title by devoted and diligent service, shall
immediately be honored with the title of Most Noble and
shall acquire the right to a place among the Senators Elite,
as though they were ex-consulars, so that they shall be
entirely exempt from the compulsory public services that
are incumbent upon Senators, and they shall not be oppressed by any additional burden. All the other members
of the household guard shall be honored with the same
privileges, when their predecessors have retired from
service and they ascend in due order to the aforesaid
number and rank.
Given on the seventeenth day before the kalends of April in
the year of the consulship of Hierius and Ardabur.-March I6, 427.
11.22 The same Augustuses to Heliodorus, Prefect of
the City.
By the consent of the Most August Assembly28 of
Constantinople and by Our own decision, those members of
the household guard who have completed the periods of
service of their rank shall be Senators subject to the following classification: the chief of office staff, after he has
attained the tribunate, shall acquire the same rank as those
who have earned the right to serve as dukes, but the first
ten of the others who are next in rank to the chief of
office staff, after the completion of their terms of service,
shall enjoy those dignities which had formerly been decreed, so that they shall be classed without doubt among
those persons who have earned exemptions for themselves
by their labors.
i. In order that the fruits of their toil shall not be lost
to the said household guard by an unhappy end that overtakes them, that is, by the intervention of mortality, in a
certain manner an occasion of solace shall survive them,
and if after a chief of Qffice staff has entered the threshold
of advancement in the service and in his long delayed
expectation of his desired hope, the necessity of fate should
break off his rewards, the person next in order after him
shall not be called immediately to succeed him in order
to reap the fruits of the office, but for the benefit of the
children and successors in the inheritance of the deceased,
in so far as they come in the degree of agnates, for whose
sake especially the deceased rejoiced in the acquisition of
his emoluments, the fruits of the remaining time, which
are due up to the end of the year, shall be collected in the
usual manner.
Given on the third day before the ides of June at Constantinople

in the year of the consulship of the Most Noble Valerius and
Aetius.-June II, 432.
21 Or: the household guard; protectores domestici.
226, 24, 9;
28
CJ 12,
The Senate.
17, 2.
6-26*2
TITLE 25: THE PROVOSTS OF THE IMPERIAL

STANDARDS' (DE PRAEPOSITIS LABARUM)
Monaxius, Praetorian Prefect.
If any members of the most devoted companies of household guards should be promoted by Our decree and by the
labors of their service to the position of provosts of the
imperial standards, they shall be ranked as Most Noble
among the Senators Elite in the same way as the decemprimi of the said household guard, so that they shall
have the same rank as ex-consulars. For those men are
worthy of both the Senatorial name and special exemption
who are made illustrious by attendance at Our side.
Given on the third day before the ides of November at Constantinople in the year of the seventh consulship of Theodosius
Augustus and the consulship of Palladius.-November II 416.
TITLE 26: THE ASSISTANT MASTERS, THE

COUNTS OF ARRANGEMENTS, AND ALL
OTHERS WHO SERVE IN THE SACRED IMPERIAL BUREAUS' (DE PROXIMIS, COMITIBUS DISPOSITIONUM CETERISQUE QUI IN
SACRIS SCRINIIS MILITANT)
i. Emperor Julian Augustus to Secundus, Praetorian Prefect.
Military service is of primary importance to the State.
The second adornment of peace lies in the protection of
letters. Therefore, We carefully consider the merits of
Our bureaus, and We grant to them the second place2 in
the matter of privileges, so that if any persons have labored
fifteen years in the bureau of memorials, of arrangements,
of correspondence, or of petitions, even though they are
descended and trace their lineage from decurion fathers,
grandfathers, and other decurion ancestors, they shall be
considered exempt from all such obligation, and they shall
not be called to service in municipal councils.
Given at Antioch on the seventh day before the kalends of October: September 25. Received on the fifth day before the ides of
November at
. in the year of the consulship of the Most Noble
Mamertinus and Nevitta.-November 9, 362.
We attach the Most Noble assistant masters of the
bureaus and masters of arrangements to the order of
vicars in such a way that no person from elsewhere with
priority of promotion shall be preferred to palatines who
have received honorary titles, and in such a way also that
any palatine who is discharged with this rank from his
service in the palace earlier than others shall obtain a place
prior to those others but shall obtain a later place than
those who served as actual administrators.8
the year of the consulship of Syagrius and Eucherius.-March
29, 38I.4
1C
12,
18.
2CJ(2, J8, I.
ICJ 12, 19.

2 Second to the military who were the most highly favored
group.
3 Or: a place prior to others who came later, even though they
came from actual administration.
4 6, xo, 2; 6, 22, 5.
137
6-26*3
3. The same Augustuses to Hypatius, Praetorian Prefect.

For the assistants' in the sacred imperial bureaus, to
whose intelligence and character We entrust whatever
eternal sanctions We often promulgate in reference to
others, We remit the tax payment of horses which were
recently ordered to be delivered by dignitaries as an aid
to the military establishment. i. Therefore, if any such
occasion should arise either during the present era or in
the future, said assistants shall not be forced to obey any
order for such payments of horses or any supplementary
tax6 that is demanded of all.
Given on the eighteenth day before the kalends of January7 at
Padua in the year of the consulship of Antonius and Syagrius.
-December 15 (June 74), 382.
4.8 The same Augustuses to Cynegius, Praetorian Prefect.

Upon the assistant masters of the bureaus of memorials
and of petitions We bestow the honorary title of vicar, with
the provision that by the merit of their rank they shall be
classed among those who on behalf of the prefects governed dioceses that were entrusted to them; the rank of
these assistant masters shall date from the time when they
were made distinguished by the splendor acquired through
appointment to the office of assistant master. They shall
be given precedence of those who follow them and who
afterward served as vicars.
Given on the day before the kalends of May at Constantinople
in the year of the consulship of Emperor Designate Honorius and
the consulship of Evodius.-April 30 (February 28), 386.9
5.10
gustuses to Constantius,1 Praetorian Prefect.

Judges ordinary1 2 shall not debar those persons serving
in Our imperial bureaus from the ceremony of salutation,
and said judges, even against their will, shall receive the
aforesaid persons to sit with them.' 3 The chief, the secretary, and the heads of the office staff shall know that three
pounds of gold will be exacted from the substance of each
of them if ingress to the private council chamber of the
judges should not be open to those persons who frequently
come into Our imperial consistory, or if reverence should
not be paid them at the ceremony of salutations or if the
right to sit with the judge should be denied them.
Given' 4 on the sixth day before the ides of November at Trier
in the year of the consulship of the Most Noble Timasius and
Promotus.-November 8, 389.

Hosius, Master of Offices.
With reference to those persons who retire as assistant
masters in the sacred imperial bureaus at the end of two
years of service and give place to others who are hastening
to attain the highest rank: of course, We allow those per6
sons who were found to be of the aforesaid rank before
a obsecundatores, employees, members, assistants.
praeterea de collativo, additional tax, surtax, superindiction.
8 CJ 12, 19, I.
7 July, Seeck.
10
CJ 1, 48, 3; 12, 19, 2.
9 6, 27, 5; 6, 28, 3; 12, 1, 111.
6
21 Constantianus.
12 Governors of the provinces.

13 As a mark of honor, not as members of the council.
14 Posted, since it is probable that Valentinian was not at Trier
on this date, M.
156, 27, 8-9; 6, 26, 7; 6, 30, 14.
16 in locis memoratis, the reference is obscure, on account of the
carelessness of the compilers of the Theodosian Code.
the promulgation of this statute to arrive at the goal of

three years' service.
Given on the fifteenth day before the kalends of February in the
year of the fourth consulship of Arcadius Augustus and the third
consulship of Honorius Augustus.-January ,8, 396.15
7.1 The same Augustuses to Caesarius, Praetorian Pre-
fect.
We confirm the privileges which Julian of sainted memory granted to those persons serving in the sacred imperial
bureaus,18 as well as that well known honor which Valentinian of august memory conferred"9 upon the aforesaid
persons, namely, that they shall have the right of their own
volition and without any announcement to enter the private
council chamber of any judge and also shall have the right
to sit"s with the judge. This also do We decree by Our
regulation, namely, that any person who has served for
twenty years in the imperial bureaus of memorials, correspondence, or petitions shall have the right to retire with
the consular rank and be honored with the rank of Senator
Elite, and he shall have this honor, both in the presence of
governors 20 and in the meetings of the Most August Senate.
i. For it is Our will that after their imperial service they
shall live such lives of leisure that they shall be considered
exempt from all public burdens, nor shall any person have
the power to enjoin anything upon them.
Given on the sixteenth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-February
15, 396.
8.21 The same Augustuses to Claudius, Prefect of the City.

If those persons serving in the bureaus of the palace
should decide to retire after the performance of twenty
years of imperial service, they shall be exalted by the
bestowal of the rank of consular, and they shall be considered Senators Elite. In the Senate they shall have the
same honor of rank as that which is customarily conferred
upon ex-consulars, and no person by enjoining anything
upon them or by commanding them to do anything 22 shall
be able to deprive them of the leisure that has been granted
to them.
Given on the fifteenth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-February
I6, 396.
9. The same Augustuses to Caesarius, Praetorian Prefect.

(Among other matters.)23 To those persons who preserve
the form and order of Our arrangements, on the completion of their imperial service, We grant the same privileges
and honors as those which We recently 24 commanded to be
observed in the case of those who retire from service in
Our bureaus.
Given on the sixth day before the ides of April at Constantinople
in the year of the consulship of Caesariusand Atticus.-April 8, 397.
io. The same Augustuses to Caesarius, Praetorian Prefect.

In the same way as the assistant masters who serve in
the imperial bureaus are honored with the rank of count,
17 6, 26, 6; 6, 26, 8.
18 6, 26, 1.
196, 26,5.
rectores, the judges ordinary of the provinces.
21 6, 26, 6-7; CJ
12, 19, 3.
22 Perform any compulsory public service, 2, 8, 26.
23 Inter alia, among other matters. This is a different phrase from
20
the one usually employed, which is post alia, after other matters.
24 6, 26, 7-8.
E 138 1
6*26*15

the highest ranking officials in the bureau of arrangements
who have received the rank of count, from the date when
they were promoted in their bureaus, shall be added to the
group of those officials who have obtained the power of
vicar. The grant of this dignity shall take its beginning,
of course, from the time of its bestowal on the Most Noble
Nestorius, who is now serving in the aforesaid position.
Given on the ninth day before the kalends of July at Constantinople in the year of the consulship of Caesarius and Atticus.June 23, 397.
The same Augustuses to Hadrianus, Master of Offices.

Throughout all Our bureaus, as each year passes, those
members of the service who are established at the head of
the list shall hold the position of assistant master for one
year and then give place to those members next in order
who shall succeed to this position. Nevertheless, they shall
retain that rank which Our sainted father, a singular judge
of merit, granted to the men of this order,25 namely, that
if any ex-assistant master should retire at length, after
the performance of his terms of service, he shall be placed
on an equality with the vicars, as if he had actually served
in that capacity, and all the privileges shall remain unimpaired which by various laws any previous Emperors had
granted to any of the imperial bureaus.
i. In order that there may be no contention as to the
established date, the ceremony bestowing the title of count
of the assistant mastership shall be solemnized each year
on Our actual birthday, 26 for a period that will long remain, so that it may not be possible to obtain by corrupt
solicitation the honor which We consider should be granted
by special gift as a reward for labor.
II.
year of the consulship of Caesariusand Atticus.-July 5, 397.
12.27 The same Augustuses to Clearchus, Prefect of the
City.
All ex-assistant masters who have been made members
of the venerable assembly of the Senate, whether they were
counts of the bureau of memorials, of correspondence, of

petitions, or of arrangements, shall be held obligated only
to the annual payment of seven solidi each, and they shall
not be harassed by any additional tax payment, nor shall
they fear either the excessive burden of the Senatorial offertory 28 that is promised to the Emperor or the outrage
of any tax assessment.29
Given on the day before the ides of September at Constantinople
in the year of the consulship of Vincentius and Fravitus.-September
12, 401.
13. The same Augustuses and Theodosius Augustus.

Just as We formerly"0 granted exemption from the praetorship to those persons who, after the completion of their
armed imperial service, had been promoted to the rank of
duke by the judgment of Our Serenity, so also the assistant
masters of Our bureaus, after their retirement from the
imperial service, shall obtain exemption from the praetorship.
Given on the eighth day before the kalends of February at Constantinople in the year of the seventh consulship of Honorius
Augustus and the second consulship of Theodosius Augustus.-
of the
14.31 The same Augustuses to Epiphanius, Prefect
City.
Although the glory of the officials of Our bureaus has
been enhanced by innumerable laws, We order, however,
that first of all, their landholdings shall be secure in their
exemption from all compulsory public services of a menial
nature; they need not fear any superindictions; no taxes
on sales3 2 shall be demanded of them; and they shall pay
only the tribute of the regular tax indiction. Their dignity,
acquired by labor, shall not know any payment in gold of
the glebal tax ;33 it shall be ignorant of extraordinary compulsory public services, and it shall not suffer the indignity
of the supervision of the payment of army recruit taxes.34
If anyone of the aforesaid persons by his toil and sweat
during a long period of service has acquired the honorable
title of assistant master and count of the first order in the
bureau of arrangements, he shall not be required to assume
the tax payment of horses and recruits. Indeed, We decree
that the aforesaid privileges shall be bestowed upon their
patrimonies, for which We preserve unimpaired all privileges whatever that have been granted by the statutes2 5
of Our sainted father and all other Emperors. i. To the
said men themselves We grant the unrestrained and perpetual right to come to the imperial court, and We command that in the case of these persons it shall not be necessary to await Our august command.
2. Moreover, if any privilege is regularly bestowed upon
all, We do not allow such privilege to be lost by Our bestowal of an additional honor. Thus those persons who by
the favor of a more prosperous fortune have advanced to
the ornaments of honor shall nevertheless retain the
ancient privileges acquired by their labor in the bureaus,
and whatever privilege they gained by the industry of
their earlier life shall forever remain unimpaired for themselves and for their property. (Etc.)
Given on the ides of October at Ravenna in the year of the seventh
consulship of Honorius Augustus and the second consulship of
Theodosius Augustus.-October 15, 407;"5 412.
15. Emperors Honorius and Theodosius Augustus to

As often as the declaration of an assessment of taxes"
payable in horses and other property is issued, those persons serving in the sacred imperial bureaus shall be considered exempt and set apart, so that they shall not sustain
the burden of this duty either while they are in the imperial service or after their retirement from this service.
i. After these persons are excepted, the tax payments"
shall be demanded of all others, whenever the situation may
so require. The judges" and their apparitors shall know
that they will be subjected to a fine of ten pounds of gold
if in the future they do not refrain from suits" against
the aforesaid persons.

Given on the sixteenth day before the kalends of December at
Ravenna in the year of the consulship of the Most Noble Varanes.
-November 16,
41o.3
a3 6, 18, i; CJ 12, 19, 4.
83
glebale aurum.
January 25, 407.
s2 venalicium.
34
temo.
The ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus (412), 6, 18, I, G.
35
26, 4, issued by Theodosius I in 386.

genuinus natalis, as distinguished from the Emperor's regnal
birthday, the date when he ascended the throne.
25
6,
26
27 CJ 12,
29 sCripti:
1.
descriptio.
19,
promissio.
306, 4, 28.
28
36 indictio.
7The governors of the provinces, the judges
38To compel payment of taxes.
39 Melitius was Praetorian Prefect in 412.
C 139 1
ordinary.
6-26-16
16.40 The same Augustuses to Faustinus, Praetorian Prefect.

By the special favor of Our regulation We grant that
all those persons who serve in the imperial bureaus of
memorials, correspondence, and petitions, from the secretaries to the second assistant masters, shall obtain the rank
and honor of Most Noble. i. Just as all the rest who serve
in the aforesaid imperial bureaus have obtained by law
the free right of access to the private council chambers of
the judges ordinary"1 and the privilege of sitting with
them,1 3 so also those persons upon whom We confer the
rank of Most Noble as a reward for their terms of service
shall recognize that they have the same right to deference
as those of the rank of Respectable, and they shall know
that We have granted to them also the right to sit with
the judge'8 and the right of access to the private council
chambers. This right shall be enforced by the threat of a
fine upon the office staff, as was established by the imperial
sanction4' that was previously granted.
Given on the eighth day before the ides of June at Ravenna in
the year of the consulship of the Most Noble Lucius.42-June 6
(July 8), 413; January 6, 410.
The same Augustuses to the Illustrious Eustathius,

Quaestor, and to the Illustrious Helion, Master of Offices.
We decree that those persons who in their regular order
and by the merits of their services have attained the rank
of assistant master in the three imperial bureaus of memorials, correspondence, and petitions shall henceforth
serve only one year in this office instead of two years. But
We decree that all the other privileges which have been
conferred upon the sacred imperial bureaus by the divine
imperial grants of special privileges shall forever remain
secure and inviolate. In addition We decree that those persons who have served as assistant masters, in accordance
with the tenor of said ancient sanctions and Our own
sanctions, shall be ranked with the same honor as those
persons who have administered the office of vicar. i. They
shall also receive imperial letters patent entitling them to
the rank of count of the second order, when they have attained that rank in which heretofore they were accustomed
to enjoy the rank of count of the third order. Thus henceforth during each year while they serve as assistant masters,
in accordance with the law they shall receive the due and
customary imperial letters patent on the actual birthday"
of My Clemency, and after they have retired from service,
they shall be honored among those who have administered
the office of vicar.
2. In accordance with the petition of these men themselves, We command that this law, besides applying to the
three, Benagius, Hypatius, and Theodorus, shall apply also
to all other second assistant masters.
17.'
Given on the eighth day before the ides of February at Constantinople in the year of the seventh consulship of Theodosius
Augustus and the consulship of Palladius.-February6, 46.

Acacius, Count of the Sacred Imperial Largesses.
Your Eminence shall provide that henceforth vestments
shall be furnished anew both to the assistant masters of the
5.
41 6, 26, 5.
42 Varanes in 410, M., since Johannes was Praetorian Prefect in
413, and another constitution was issued to Faustinus in 410, 13, 5, 3440 CJ 12, 19,
Compare Seeck, Regesten 74.

43 CJ 12, 19, 6.
imperial bureaus and to the count of arrangements, in accordance with the rank of counts of the second order which
has been conferred upon them.
Given on the third day before the kalends of December at Constantinople in the year of the twelfth consulship of Our Lord
Theodosius, forever44 Augustus, and the second consulship of Our
Lord Valentinian, forever'" Augustus.-November 29 (25), 426.
TITLE 27: THE SECRET SERVICE' (DE AGENTIBUS IN REBUS)

i. Emperor Constantius Augustus to the Praetorian Pre-
fects.
(After other matters.) If any member of the secret
service should complete twenty years in service, he shall
not be recalled to a municipal council. It is Our will that
this regulation shall also be observed with respect to Our
imperial bureaus, to the chancellors, to the apparitors of
the counts of the largesses, and the apparitors of the counts
of the privy purse. (Etc.)
Given on the eighth day before the ides of March in the year
of the seventh consulship of Constantius Augustus and the consulship of Constans Caesar.-March 8, 354; November 24, 326.2
2. Emperor Julian Augustus to Secundus, Praetorian

Prefect.
No person after his third year of service in the palace as
a member of the secret service shall be delivered to a
municipal council;3 nor shall any such person be thus delivered if he has been presented with his discharge in the
year of My fourth consulship. 4
Posted at Beirut on the day before the kalends5 of March in the
year of the fourth consulship of Julian Augustus and the consulship of Sallustius.-February28, 363.
3. Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Master of Offices.

Of the members of the secret service, no more persons
shall rise to any rank of honor than the number that each
year brings forward- from their department to the end of
their completed toil; provided, however, that the right
shall be reserved to Us of adding extraordinarily to each
rank the names of only two each year, of those whose exceptional service should extort from Us that We overstep
the force of this law. This regulation shall be extended to
apply even to the members of the patrol.
i. Indeed, for any person to be placed immediately on
the list, it shall be sufficient merely for permission by Our
annotation to be impetrated without any investigation and
without any restriction as to the prescribed number. 2.
However, in the case of all others, even though a special
annotation should be issued, if it provides for a greater
number than two extraordinary appointments, We order
44 pp. in the ms.: forever; Father of His Country.
1 CJ 12, 20. The secret service was notoriously corrupt.
2 Eight other constitutions are addressed to the praetorian prefects generally, instead of to a single praetorian prefect, as was customary. All deal with military matters. All seem to be parts of the
same constitution, issued by Constantius in the year of his sixth
consulship and the second consulship of Constantius Caesar. The
inscriptions and subscriptions have been thrown into confusion by
the compilers of CTh. These constitutions are 8, 4, 5; 8, 7, 4-6;
7, 13, I; 7, 21, 2; 12, 1, 14; 12, I, 18; Seeck, Regesten 4, 3.
3 For compulsory service as a decurion.
4 363, the year of the issuance of this constitution.
5 Reading pridie with M., instead of die, with the ms.
6 In rotation, as their names appear on the official register
(matricula) of the department.
[ 140]
6*27*8
The Secret Service

such annotation to be invalid, so that not even in the following year shall it have any validity unless the following
year should not find any two members who deserve to receive this augment of their rank through Our annotation.
3(I). But if any member of the secret service, long
after his discharge and his former imperial service, on

account of an unseasonable greed for enlistment should
attempt through corrupt solicitation to return to a period
of service, he shall be offered the option of enrollment with
the understanding that he shall serve as the last on the
list among the mounted police.7 4. We make this provision
especially f or all the office staffs, from which some members
with their own rank pass to the department of the secret
service, and thus, of course, such members shall be allowed
to come from any branch of the imperial service.
5. What must be observed in the future shall be understood to be that the assistant chief and the sub-assistants
shall know that they will incur a serious risk if they should
ever fail to notify succeeding masters' also of the established rule of this Our sanction.
Given on the sixteenth day before the kalends of July at Thessalonica in the year of the fifth consulship of Gratian Augustus
and the first consulship of Theodosius Augustus.-June i6, 380.9
4. The same Augustuses to Palladius, Master of Offices.

Into the department of the secret service no person shall
easily push forward even under the protection of Our
special annotation, unless he comes supported by the majority of the department. Each candidate who is to be
approved shall take his stand and shall disclose of what
character he is, from what home, what the origin and nature
of his services.
i. New members of the service shall be on inactive dutyo
for five years after the beginning of this first honor. Before this time they shall prepare themselves for numerous
future missions, and they shall be assigned by name. Thereafter they shall advance" through the separate grades by
the just and valid retirement of their predecessors.
2. Of course, to the members of the imperial service who
are honorably occupied on active duty for the State We do
not deny promotion to the various grades that they have
earned, provided that for these members also there shall be
the venerable order of advancement and that, in addition,
the testimony and consent of the responsible members of
this grade shall be given in the presence of the majority
of the department.
Given on the twelfth day before the kalends of April at Constantinople in the year of the consulship of Antonius and Syagrius.
-March
5.
21, 382.
The same Augustuses and Arcadius
Augustus to
Cynegius, Praetorian Prefect.

Since to the members of the secret service We have
granted imperial letters patent to the effect that after
serving as chiefs of office staffs they shall be ranked as
consulars among the Elite in the Most August Senate, We
prescribe also by the authority of this law that they shall
be honored with the aforesaid rank and order by all judges.
Given on the third day before the nones of March at Constantinople in the year of the consulship of Emperor Designate Honorius and of Evodius.-March 5, 386.12
7 equites.
9 8, 15, 6; 3, 5, 11.
12 6, 26, 4; 6,
28, 3.
10 vacantes
magistri,masters of offices, G.
11 In rank.
6. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Proculus, Prefect of the City.
We command that all the ancient privileges shall be
preserved with respect to any ex-member of the secret
service who was chief of an office staff. He shall be a Senator and shall deservedly be grouped with the consulars,
but with the provision that he shall be bound by no obligation to the performance of a compulsory public service, and
he shall not be defrauded by being required to pay taxes.
Given on the sixth day before the kalends of December at Milan
the consulship of Neoterius.-November 26, 390.
7. Emperors Arcadius and Honorius Augustuses to Hosius,

Master of Offices.
Our father of sainted memory"- is said to have increased
by the addition of one grade the rank of the members of
the secret service who accompanied an expedition,14 and
We command that they shall possess said honor that was
conferred upon them, provided that this order of service
shall be preserved as far as the rank of centenarius. i.
Therefore, if any centenarius should accompany14 an expedition, he shall be placed before those whom he deservedly precedes, since We do not allow the claims of the
highest ranking members to be prejudiced when it is established that they have attained this rank by a long period
of service and approved labor.
2. Moreover, if any person should attain this rank, he
shall be content with this honor, and he shall not strive to
be placed before those who deserve to be prior to him in
order of service.
Given on the sixth day before the kalends of June at Constantinople in the year of the consulship of the Most Noble Olybrius
and Probinus.-May (December) 27, 395.'1
8.6 The same Augustuses to Hosius, Master of Offices.

Among the members of the secret service those persons
shall increase17 who have been employed in the imperial
service at the petition of the counts of the second order
or of Our chamberlains of the first rank only or of the
urban tribunes.18 But the urban tribunes shall have the
right to this exercise of patronage only once throughout the
course of an entire year, and We exclude all other members
of the various office staffs from any right of such a petition.
i. It is not necessary to enumerate the men of higher
imperial service or those of the highest rank, since by
listing those persons whom We have enumerated above,
We have taken care to express how far this right of petition
extends, not where it begins, since it is denied to persons of
lower rank. 2. But to ducenarii who attain the rank of
office chief We grant this right, namely, that they shall be
permitted by the divine imperial consent of Our Serenity
to enroll their children and brothers in the same imperial
service in their stead.
Given on the seventh day before the kalends of February at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-January 26,
396.
13 Theodosius I, in a lost
14 The army in the field.
constitution.
15 Marcellus was Master of Offices until November 24, 395, and

the other laws issued to Hosius as Master of Offices belong to
396-398.
16 6, 26, 6; 6, 27, 9.
17 In honor, or in number?
18
tribuni urbaniciani.
141 1
6-27-9
The Secret Service
9.19 The same Augustuses to Hosius, Master of Offices.
If any person in the department of the secret service

should receive a promotion by Our divine imperial command, he shall be listed as last in that rank into which he
has been promoted, and he shall not be placed before any
other person who served with the same rank of the imperial
service before him. 2 0
Issued on the day before the kalends of February at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-January 31 (26),
396.
The same Augustuses to Caesarius, Praetorian Prefect.

Among those persons who have served with the rank of
consular and those who have attained the rank of chief of
office staff, that person shall be considered as having precedence21 who attained his post of dignity sooner than the
others. i. All offices must observe this sanction, and the
penalty of fifteen pounds of gold, as was formerly decreed
by a divine imperial sanction against those who are contumacious, shall not be lacking.
10.
Given on the fourth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-February
27, 396.
The same Augustuses to Hadrianus, Master of Offices.

By a very wisely considered decision We decree that
without consulting Us no person shall obtain the right to
the actual service of a member of the secret service, but
if such right of service should be granted, no person shall
dare to revoke it.
i i.
Given on the seventeenth day before the kalends of April at Milan

in the year of the consulship of the Most Noble Theodorus.-March
16, 399.
12. The same Augustuses to Theodorus, Praetorian Prefect.

The members of the secret -service, a department especially necessary to Us, are not enjoying the benefit of the
privilege that they impetrated, whereby they might vindicate for themselves the right of entrance into the order of
the Most Glorious Senate,22 a privilege granted to them as
a favor by Our kindness, although it was the will of Our
father of sainted memory 23 that provision should be made
for the said secret service. i. Therefore, Your Magnificence shall admonish the judges ordinary2 4 that in these
matters they shall preserve inviolate the law of Our father
of sainted memory.
Given25 on the eighth day before the kalends of November at

Milan in the year of the consulship of the Most Noble Theodorus.
-October
25, 399; 398.
13. The same Augustuses and Theodosius Augustus to

Hadrianus, Praetorian Prefect.
To the members of the secret service who after a term
of continuous imperial service have administered the duties
of chiefs of office staff, as a reward for the toil that they
have endured, We also add this honor by a special grant of
prius, M.
20 primus antea
gradu potior.
22 Of Rome and Constantinople. M. suggests: whereby they are
now permitted to vindicate.
28 Theodosius I. Cf. 6, 27, 5-6.
24 Governors of the provinces, reading ordinarios with G. The
ms. has judices ordinum, the judges of the municipal senates.
19 6, 27, 8; 6, 26, 6.
21
25
Posted, according to Seeck, Regesten 87, 26.
142
imperial favor of Our liberality, namely, that they shall be

considered exempt from the burden of furnishing army
recruits, who were recently levied upon dignitaries, on
the condition that after serving as chiefs of office staff, they
have not further served as administrators in any high office.
Given on the kalends of July at Ravenna in the year of the first
consulship of Theodosius Augustus and the consulship of Rumoridus.
-July I, 403.
14."
The same Augustuses to Anthemius, Master of
Offices.
No person in the department of the secret service shall
hereafter attempt to usurp the place of a deceased member,
but as soon as the fates have carried off such member, the
person who followed him in rank, in the regular order of
terms of imperial service and the merit of his labor, shall
succeed him and shall receive his emoluments, and all
surreptitious activities' shall cease.
Given on the day before the kalends of July at Constantinople
in the year of the sixth consulship of Honorius Augustus and the
consulship of Aristaenetus.-June 30, 404.
1527 Emperors Honorius and Theodosius Augustuses to

Namatius, Master of Offices.
If any member whatsoever of the secret service should
exceed the period of time for a leave of absence or the
length of time for the performance of a task that had been
enjoined upon him, when he returns to the imperial court,
he shall prove the causes that necessitated his tardiness, so
that by a careful examination it may become manifest which
members deserve to hold their rank.28 But if any member
should not observe this regulation before the kalends of
February, he shall be permanently removed from the official register.
i. Therefore, the governors 2" of the provinces shall remember that for each member of the secret service six
ounces of gold shall be exacted, if in the province entrusted
to the governor he should allow any such deserter to hide
beyond the day established by law. Therefore the governors shall transmit such skulkers under escort, so that when
they have finally been dragged back to the imperial court,
they shall be punished, and not merely by the loss of their
position in the imperial service.
Given on the seventh day before the ides of December at Ravenna
in the year of the ninth consulship of Our Lord Honorius Augustus
and the fifth consulship of Our Lord Theodosius Augustus.-December 7, 412.

No person after the attainment of the insignia of chief
of office staff which he acquired by terms of service and
laborious toil shall fear that he may be recalled to his birth
statusso if by chance he is born of decurion stock, nor shall
he fear that he may be nominated, 3' for that, indeed, would
be impious to relate. Indeed, if any person during the time
of his imperial service should be assailed by such a suit 32
and controversy, he must rely upon his own personal rights
I.
27 7, 8, 16; 7, 12, 2.
ordinem suum tenere, to hold their relative position in the
official register (matricula) of the department.
29 rectores, the judges ordinary of the provinces.
so origo, commonly denotes ignoble status, as of a colonus.
31 As decurion, to his compulsory public services, 12, I, 28.
32 To compel him to perform his duties as a decurion.
26 CJ 12, 20,
28
6-27*21
The Secret Service

of defense, 3 for the senates of the municipalities must not
be everywhere despoiled of their own decurions.
I. If by chance, as often happens, any person should impetrate the insignia of an honorary chief of office staff and
should wish to enjoy its privileges, he may thus avail himself of such impetrated generosity if he should prove that
he had been ineffectively sued12 in a judicial action; unless
perhaps any person, wearied by many years of imperial
service and the great burden of terms of enlistment and
established in an honorable rank of the imperial service,
did not wish to look forward to the position of chief of
office staff as a reward for his past toil, but preferred to
obtain merely a haven of peace.
2. These regulations must also be observed in the case of
those persons who enjoy the privileges of the armed imperial service, so that the constitution"1 of the sainted
Valentinian shall be valid, and they shall also obtain the
fruit of their terms of service if they were able to enter
upon such terms without the disgrace of any exemption. 5
3. To the foregoing provisions We add that if any
person from any gainful cause"6 should acquire any property of a decurion, he shall sustain his proportionate part
of the burdens that are attached to such property, and he
shall assume all the tax payments."7
Given on the eighth day before the ides of October in the year
of the consulship of the Most Noble Lucius.-October 8, 413.
17.8 The same Augustuses to Helion, Master of Offices.
Your Magnificence has quite properly supposed that We

should again recall to Our authority the license" formerly
granted to you by Our Majesty for removing those persons
from the department of the secret service by whose association said department was afflicted. i. Therefore, no person
without authority from Our Majesty shall hereafter have
the power to deprive a member of the secret service of his
official cincture or to remove him from the service. For this
approved department must respect the right of judges to
punish and must not fear the contumely that befits persons
of low degree."o
Given on the third day before the ides of November at Constantinople in the year of the tenth consulship of Honorius Augustus and the sixth consulship of Theodosius Augustus.November '1,
415; 416.
18. The same Augustuses to Helion, Master of Offices.

To the department of the secret service great numbers
of persons from everywhere are flocking as though to a
haven of refuge, but their culpable lives and their ignoble
birth status"o prove that they are sprung from servile dregs.
Since to Your Sublimity We have granted that power
which you sought, you must employ suitable remedies, so
that after a careful investigation has been conducted, you
shall deprive the guilty ones of their official cincture, expel
them4 1 and punish them. After such degraded, worthless,
a3Rather than on any special privilege accruing from his membership in the imperial service.
3
7,
1, 6.
35 excusatio, excuse, exemption, evasion; with respect to the duties

of the municipal council.
36 As by obtaining a gift or an inheritance.
37 descriptiones, tax assessments, tax payments.
8 CJ 12, 20, 2.
'9I, 9, 3.
40 Or: must not fear any punishment of a judge or any contumely. . . . Cf. 6, 30, 1.
41 M.: you shall expel those who should be deprived of their
official cincture, and you shall punish the guilty ones.
and criminal members have been removed, the approved

imperial service may be restored to its pristine status and
may be thronged with an assemblage of responsible men.
Given on the thirteenth day before the kalends of February at
Augustus and the consulship of Palladius.-January20, 46.
The same Augustuses to Helion, Master of Offices.

We do not permit that the merits of members of the
secret service shall be treated without discrimination and
that the unworthy should enjoy the privileges of those who
toil. i. Therefore We sanction that no member of the
secret service, with the support of patronage obtained by
entreaty, shall dare to aspire to the honor of chief of
office staff, unless he has been promoted to this grade of
honor by his order in the imperial service and the evidence
of his toil.
2. But if any member should be broken by feebleness of
body and in this way incapacitated for work and should not
endure the long continued period of imperial service, he
shall not obtain the honorary rank of chief of office staff
until he can prove by the attestation of his entire department that he has completed terms of service amounting to
twenty years. 3. Of course, if any member in any manner
through corrupt solicitation should attain the aforesaid
rank of chief of office staff without any support of terms
of service, We decree that he shall be numbered after those
members who have attained this rank by the merit of their
toil.
19.
Given on the fifth day before the kalends of December at Constantinople in the year of the eleventh consulship of Honorius
Augustus and the second consulship of the Most Noble Constantius.-November 27, 417.

Helion, Patrician and Master of Offices.
If any member of the secret service should attain the
rank of chief of office staff with the title of ducenarius by
his order in the imperial service and the performance of
his labor, or if any member of the secret service should be
approved as assistant to the Illustrious master of offices
at the time when he was added to the group of dignitaries,
such members shall possess the same honor as those who
have served as vicars of the prefect," and without doubt all
the ancient privileges shall be preserved that were conferred
on said members by the bounty of the sainted Emperors.
20.42
Given on the tenth day before the kalends of January at Constantinople in the year of the twelfth consulship of Theodosius
Augustus and the second consulship of Valentinian Augustus.December 23, 426.
21." The same Augustuses to Hierius, Praetorian Prefect.

If any person, after the completion of his imperial
service in due order and the end of his labors, should attain
the office of chief of office staff with the title of ducenarius
or if any person is approved as an assistant by the judgment
of the master of offices at the time when he is enrolled in
the assemblage of dignitaries, he shall enjoy the same insignia as those who served as vicars of the prefect,43 and
without any doubt the same privileges shall be preserved
for him as those which he appears to have enjoyed before.
Given on the tenth day before the kalends of January in the
year of the twelfth consulship of Theodosius Augustus and the
second consulship of Valentinian Augustus.-December 23, 426.
426, 27, 21.
446, 27, 20.
Ordinarily called simply vicars.
E 143
6-27-22
The Secret Service
The same Augustuses to Proculus, Prefect of the City.

The department of the secret service which by Our judgment has obtained the dignity of the office of vicar shall
not doubt that this rank will be conferred upon its chiefs
of office staff after the end of their terms of service, but
its members shall be subject to enrollment in the Most
August Order,'4 provided that if any members should
attain the honor of chiefs of office staff at the end of their
imperial service, they must suppose that they will be exempted from the burdens of the Senatorial compulsory
public services, and they shall remain in the position of
the former dignity whose immunity they had embraced.
(Etc.)
22.
Given on the day before the kalends of February at Constantinople in the year of the consulship of Taurus and Felix.-January 31, 428.46
23. The same Augustuses to Paulinus, Master of Offices.

We accept all the regulations that you have established
with reference to the imperial service, order, rank, and
number of members of the secret service.
i. Therefore, Your Illustrious Authority shall know
that you must diligently observe and guard whatever We
decree by the sanction of this law with reference to the
confirmation of the statutory number or order of those
enrolled in the new official register and with reference to
the disposition of the others,'4 7 namely, that after the statutory number of one thousand one hundred seventy-four
names has been assigned, which is recognized as the number
prescribed by the new official register, the remaining members who are proved to be placed outside the aforesaid
statutory number shall obtain the right to imperial service
granted to them in this way. They also shall be established
in certain positions by the merit of their labor and terms of
service, and in accordance with their order of service, they
shall obtain the places that become vacant by the retirement of their predecessors.
2. However, if any members appear to be excluded from
the official register for many thoroughly just reasons, they
shall not be deprived of all privileges, as though they were
completely spurned and rejected, since this right to imperial
service has been indulgently granted to them, out of consideration for humanity, under the terms of the foregoing
regulations. For them it shall be established as a special
grant of imperial favor that even though they should not
appear when summoned three times by edict,4 8 they shall
be allowed to continue in the imperial service.
Given on the sixteenth day before the kalends of May at Constantinople in the year of the thirteenth consulship of Theodosius
Augustus and the consulship of the one that is to be announced.
-April
16, 430.
TITLE 28: CHIEFS OF OFFICE STAFFS OF

THE SECRET SERVICE' (DE PRINCIPIBUS
AGENTUM IN REBUS)
I .2 Emperors Gratian, Valentinian, and Theodosius Augustuses to Potitus, Vicar of the City.
No apparitor shall be sent to perform any compulsory
service unless it is so ordered by the chief of office staff. I.
4
46
48
The Senate at Rome or Constantinople.

6,
2, 26; CJ 12, 5, 2.
When absent from duty.
L CJ 12, 21.
Cf. 6, 27, n. I.
47 The supernumeraries.
Burg. Rom. 30,
I.
Moreover, if any member of an imperial bureau or any

person of any other rank should dispatch any apparitor
for any service, without the knowledge of the chief of
office staff, he shall be stricken with a penalty of three
pounds of gold.
Given on the day before the nones of August at Trier:3 August

4. Received on the seventh day before the ides of September at
Rome in the year of the consulship of Auxonius and Olybrius.
-September 7, 379.
2. The same Augustuses to Probus, Praetorian Prefect.

When any member of the secret service retires from his
position as chief of office staff and does not obtain the governorship of a province, it is appropriate that on formal
occasions of official salutations he shall yield precedence
to those persons who have actually served as governors,4
but that he should take precedence of those who have been
fiscal representatives.
Posted on the fourth day before the ides of March at Hadrumetum in the year of the fifth consulship of Our Lord Gratian
Augustus and the first consulship of Our Lord Theodosius Augustus.
-March 12, 380.5
The same Augustuses and Arcadius Augustus to

Cynegius, Praetorian Prefect.
We reward members of the secret service, after the triumph of their completed toil, with the honor of chief of
office staff. i. Therefore no apparitor shall be dispatched
to perform compulsory services, either public or private,
except by the authority of the chief of office staff, and without his authorization no one shall be ordered to undertake
to produce any person in court.
3.6
Given on the day before the kalends of March at Constantinople

of Evodius.-February 28, 386.6
4.7 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Pinianus, Prefect.8

No act of administration without the annotation of the
chief of office staff shall be permitted by the usurpation of
the office staff; and furthermore, even if an order for such
administrative act should be issued for the region where
such members of the office staff are located," nonetheless
the annotationo of the chief of office staff shall demand
that such administrative act must be performed. i. If this
decree should be disregarded, We command that the office
staff of Your Sincerity shall pay immediately ten pounds
of gold to Our fisc.
2. It is Our will also that advocates shall be notified
of this order that they shall institute no action without the
knowledge of the chief of office staff, and in the name of
a person accepted as client they shall not fraudulently attempt to introduce extraneous cases.1 '
Given on the sixth day before the ides of September at Milan
in the year of the third consulship of Valentinian Augustus and
the consulship of Eutropius.-September 8, 387.
3 Trent, M.
4 praesides, the judges ordinary of the provinces.
5The date and that of 6, 35, 10 cannot be reconciled with the in-
scriptions, since Probus was not Praetorian Prefect in 380.

6 6, 26, 4; 6, 27, 5.
7 CJ 12, 21, 1.
8 Prefect of the City, G., 13, 3, 3; 6, 35, 139 degere, to live, sojourn, be stationed.
10 ascriptio, annotation, assignment.
11 aliena negotia, cases of others, unrelated matters. Or: in the
name of one person, they shall not ... cases for their clients, M.
[1441
6-29-2
Confidential Agents
5."2 Emperors Arcadius and Honorius Augustuses to
Theodotus, Prefect of the City.
We command that the right to issue all legal citations
in all cases and in respect to all persons, even those of
Senatorial rank, shall be specifically recalled to the control
of the chiefs of office staffs, but all other proceedings which
are ordinarily transacted in the most sacred assembly of
the Senate shall be conducted under the direction of the tax
assessors, and no prejudice shall be created for petitioners
through a rescript surreptitiously obtained.
Given on the twelfth day before the kalends of June at Constantinople in the year of the consulship of Olybrius and Probinus.
-May 21, 395.
6. The same Augustuses to Anatolius, Praetorian Prefect

of Illyricum.
Numerous laws have been issued by Us to the effect that
no order, issued by a court for the execution of urgent
matters, shall be fulfilled without the knowledge 3 of the
chief of office staff who has been dispatched from the body
of the secret service for the purpose of supervising the
office staffs, 4 since indeed it is fitting that persons exhausted by long continued service shall be supported at
least by this consolation, that they may enjoy their emoluments" on retirement as chiefs of office staff.
Given on the day before the ides of November in the year of
the consulship of the Most Noble Theodorus.-November 12, 399.
Palladius, Proconsul of Africa.

We command that the chiefs of office staff of the secret
service shall be honored by the addition of the lofty rank
of the proconsular dignity.
Given on the seventh day before the kalends of October at
-September
25, 410.

Valerius, Master of Offices.
Chiefs of office staffs from the secret service shall be

allowed to have in their official duties those confidential
advisers whose fidelity and industry they deem proved, even
though such confidential advisers have often served in the
same duty before."'
i. If any member of the secret service, after a career of
twenty-five years, should not be able on account of ill
health to await the end of his imperial service, but by the
recommendation of the department should advance out of
turn to the honorary rank of ex-chief of office staff, We
decree that he shall be fortified by the same privileges as
are possessed by those who have advanced to the actual
service of chief of office staff. 2. But in official salutations
and in the privilege of sitting with judges,' We command
that those persons shall take precedence who through
long terms of imperial service have attained the actual
office of chief of office staff, although their services in this
office are later in time. As though they had actually served
12
CJ
12, 21, 2.
13 notio, knowledge, notation. Cf. 6, 28, I; 6,

14 In the provinces.
as chiefs of office staffs, nothing shall be devised against

their privileges by the tax assessors and apparitors. A fine
of twenty pounds of gold is established as the penalty for
the violation of these regulations.
Given on the fourth day before the kalends of February at Constantinople in the year of the fifteenth consulship of Theodosius
Augustus and the consulship of the one who is to be announced.
-January
3-4.
15 Fees which they had received for the issuance of the orders
mentioned above.
16 CJ 12, 21, 3.
17 CJ 12, 21, 4.
18 To prevent corruption in office, confidential advisers, were not
ordinarily allowed to serve longer than one year, 8, I, 16.
1o As a mark of honor, not as councilors.
435.
TITLE 29:
CURIOSIS)
CONFIDENTIAL
AGENTS'
(DE
1.2 Emperor Constantius Augustus to Lollianus, Praetorian

Prefect.
Those persons who by provincial custom are called secret
confidential agents and confidential agents do not hesitate
to commit to the noxious darkness of prison by their own
judgment those persons whom they consider guilty. i.
Therefore, the aforesaid confidential agents and the rural
police and those persons who perform this function must
remember that crimes shall be reported to the judges, that
the necessity of proof is incumbent upon them, and that it
is not without peril to themselves if it should be proved
that they have devised false accusations against innocent
persons. Therefore, the wicked custom by which they have
been sending any men to prison shall cease.
Given on the eleventh day before the kalends of August at Milan:
July 22. Received on the twelfth day before the kalends of September in the year of the consulship of Arbitio and Lollianus.August 21, 355.
2.3 The same Augustus and Julian Caesar to Taurus.

We believe that the members of the secret service, in the
performance of their special assignments4 and in the inspection of post warrants, are mindful of Our orders and
that they wish to be helpful to the State in all matters. But
from the office of Your Admirable Prudence some persons
come who are vindicating an equal license5 to themselves.
It happens, furthermore, that vicars also are sending persons from their offices to give their assistance in such
duties. Therefore, this license for the commission of crime"
shall be removed, and the opportunity for any duties of
the public post shall be denied to all the offices; for We
order that only the members of the secret service shall
render service in such matters.
i. Nor indeed do We command that there should be many
such members of the secret service throughout the various
provinces, since two only in each province are sufficient to
perform their special services and to regulate the public
post, and thus, although this service is extended over the
public thoroughfares,7 nevertheless, there must not be a
larger number of officials. 2. They shall provide with ever
1 CJ
28,
29,
Copies of the above law to: Isidorus, PraetorianPrefect; Reginus,

Praetorian Prefect of Illyricum; Leontius, Prefect of the City;
Theodotus, Count of Egypt; Abthartius, Count of the Orient; Cleopatrus (Cleopater), Augustal Prefect; Hesychius, Proconsul of
Achaea; Eustathius, Vicar of Asia; Nectarius, Vicar of Pontus.
The confidential agents were notoriously corrupt.

1.
3 CJ 12, 22, 2. Taurus was Praetorian Prefect.
4 As confidential agents.
5 Thus encroaching on the functions of the secret service in the
regulation of the public post.
6 In such an encroachment.
7 canales publici; some see a reference to canals, as in Egypt;
cf. 8, 5, 15.
12, 22.
2 CJ 12, 22,
S145
6-29*2
Confidential Agents
watchful care that no person without the authorization of

a post warrant shall employ the public post or demand more
than is authorized by his warrant, as, for example, if a
person with a right to the use of one f our-wheeled carriage'
should demand two carriages, or a person with the right to
demand a two-wheeled carriage9 or a posthorse should
usurp the use of a four-wheeled carriage. Therefore, if any
person should attempt to perpetrate anything of that kind,
he shall be deprived of the achievement of his dishonest
attempt. 3. The post warrant shall also be shown to the
judges and to the confidential agents, even though the
bearer should state that he is hurrying on a necessary
service at Our command. No traveler shall prevail through
contumacy or because of his high rank.
4. It happens also in the heavy transport service of the
public post that perhaps some persons are compelled to
pay money for animals that are not furnished to them, and
this money is dishonestly vindicated as gain by the supervisor of the post. Therefore, We forbid that money should
be demanded for animals that are not furnished in the post.
5. But if perchance any person should suppose that he may
perpetrate this crime, he shall be compelled to pay fourfold the amount that he received.
Given on the fifteenth day before the kalendq of May at Milan
in the year of the ninth consulship of ConstantiusAugustus and the
second consulship of Julian Caesar.-April 17, 357; 356.
3o10 The same Augustus to the Secret Service.
During the time that you sustain the duty of guarding

the public post, the penalties prescribed by the praetorian
prefects shall be of no effect against those persons"' only
who have preserved their honesty. But toward those" who
may become involved in dishonesty, contrary to the glory
of Our age and to the honor of the imperial service, not
only shall the prescribed penalties remain in effect, but also
if such reprehensible deeds should come to the knowledge
of Our Serenity, the culprits shall be punished even more
severely.
Posted on the day before the kalends of December in the year
of the consulship of Eusebius and Hypatius.-November 30 (October 31), 359.
The same Augustus to the Secret Service.

All use of corrupt solicitation and patronage shall cease
in your department. For all of you must so perform your
duties that by your toil and by the order of your service
you may be dispatched to the management of the public
post and to the performance of confidential missions," in
accordance with the judgment of the department and the
merit of your priority in the service. Thus you shall not
conceal from the knowledge of your chief of office staff' 4
anything that you see is being done in the State, and you
shall know that any person who dares to perpetrate so great
a crime15 shall be subjected to the appropriate punishment.
4.12
Posted on the same day in the year of the same consulship.16

-November
30, 359.
8 raeda.
10 6, 29, 4-5; I, 9, I; CJ
9 birotum.
12, 22,
3.
11 Of your number as members of the secret service.

126, 29, 3; 6, 29, 5.
13 ad cursum regendum et ad curas agendas.

14 princeps, chief of the office staff; the Emperor.
15 The corrupt solicitation and patronage mentioned at the begin-
ning of the constitution.

16 That is, on the same date as the preceding constitution?
146
5.1 The same Augustus.
Since it is now almost impossible to repress your

avarice,'" you shall collect only one solidus for each fourwheeled carriage, which is customarily called a four yoke
or a "whip,"" and that only in those provinces in which the
public post is supported by the provincials and only during
the time that you sustain the duties of your confidential
missions and of guarding the public post.
i. From the heavy transport service of the public post,
at those post stations, of course, in which the public post
has been located for the exercise of benevolent purposes, 20
you shall allow only one postwagon 2 1 each for those who
arrive. 2. Nor shall any person, in violation of this order,
dare to accept more or to hope f or anything more or to
allow anything more than is contained in the general rule
of this ordinance.
Given on the day before the kalends of November in the year of
the consulship of Eusebius and Hypatius.-October 31, 359.
6. Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Master of Offices.

On the day of Our auspicious Birth,2 2 the primates of
the scholarians as well as the chiefs of office staff23 shall be
sent to the provinces as confidential agents to perform their
service for a year. They shall conduct themselves so cautiously and so prudently that they use only two posthorses,
and all further usurpation shall cease, so that provender
may not be accumulated. They shall visit also the remote
post stations, and they shall suppress the clever tricks of
the travelers and the intrigues and fraud of a pretended
supervision.24
Given on the third day before the nones of February at Constantinople in the year of the consulship of Eucherius and Syagrius.
-February 3, 381.
7. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Neoterius, Praetorian Prefect.25

Since We believe that on account of the honor attached
to their imperial service and because of their confidence in
their orders, the secret service will exhibit greater firmness
in their resistance, 26 from the number of those that are stationed only in the more famous cities, to whom We have
entrusted the supervision of the public post, Your Magnificence shall know that only one member has been left
for the inspection of the post warrants of travelers, and beyond this general rule such secret service shall have nothing in common with the operation of the public post.
Given on the fifth day before the kalends of June in the year
of the fourth consulship of Valentinian Augustus and the consulship of Neoterius.-May 28, 390.
17
6, 29, 3-4.
18 The Emperor is apparently unable to suppress the corruption

of his own bureaucracy, and so he tries to regulate it.
19 flagellum; fourth century Roman slang.
20 Such as the transport of sick and wounded soldiers; cf. 8, 5, II;
8, 6, I; Amm. Marc. 20, 4.
angaria.
Of Theodosius, the author of this constitution; Min. Sen. n. 21.
Reading principes.
24 Of persons who pretend that they are supervising the public
21
22
23
post.
Illyricum in 390; 10, 18, 3.

To powerful persons who might attempt to usurp the use of the
25 Of
26
post.
Palatines of the Largesses and of the Privy Purse
6302
8.27 Emperors Arcadius and Honorius Augustuses to Marcellus, Master of Offices.

We decree that into each province a member of the
secret service shall be sent, and to them must be entrusted
only the duty of inspecting the post warrants, so that they
shall have nothing at all in common with the judges or with
tial agents shall be removed. Furthermore, it is Our will

that aid shall be extended to decurions, shipmasters, and
all guilds, in such a way that nothing shall be allowed to
the apparitors of any judges, since by means of the spoils
that they have collected from the provincials, they hasten
to higher positions in the imperial service.
the provincials.
i. Such members of the secret service must not harass
Given on the fifth day before the nones of March at Ravenna in

the year of the consulship of Constantius and Constans.-March
3
ships by unlawful extortion; they shall not accept written

petitions28 or attestations,29 and they shall not cast any man
Given ... kalends of June at Constantinople in the year of the
consulship of Olybrius and Probinus.-May 16-June ,
The same Augustuses to Palladius, Praetorian Prefect.

It has been learned that the coasts of Dalmatia and all its
islands are oppressed by the enormous profits made by
those persons who vindicate for themselves the duties of
confidential agents, so that no man dares to withdraw to a
9. The same Augustuses to Eucharius, Proconsul of Africa.
safer locality, even though the bitterness of the times8
We command that the provosts of the public post shall

be informed that if they take thought for themselves and
for their imperial service, they must presume to do nothing
contrary to the ancient discipline. If any outrage should be
committed against said discipline, they shall undoubtedly
be held guilty of the crime of sacrilege. 0
i. Furthermore, even the supervisor of the post station
shall have the unrestricted right, with the knowledge that
it is at his own risk, to purchase robust and healthy animals
should impel him to do so. i. Therefore We decree that absolutely all confidential agents shall be removed from the
aforesaid regions, so that the ancient security may be restored both to those who remain and to those who come
and go. 37 2. Therefore, if any person should dare, after the
issuance of this general order, to usurp this office from
which he has been dismissed, he shall be bound in irons,
and under the direction of the judges he shall be dispatched
to Our most sacred imperial court for punishment.
into prison but shall be free to devote their entire time to
the public post.
12.
and prepare them by his own care for the use of the public
Given on the sixth day before the ides of January at Ravenna in
post. (Etc.)
Given on the day before the kalends of March in the year of
the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-February 29, 42.3
the year of the tenth consulship of Honorius Augustus and the sixth
consulship of Theodosius Augustus.-January 8, 415.
io. Emperors Honorius and Theodosius Augustuses to
TS
EA
PURSE' (D
P
T US E( T E
Synesius. 3 2
Since the imperial constitution"
TITLE 30: PALATINES OF THE SACRED IM-
RU
LARI-
IATARUM
is repealed whereby a
regulation was drawn up with reference to the dispatch of

confidential agents, within a certain number, in accordance
with the judgment of the Illustrious count and the master
of offices, the ancient custom shall be observed. Thus competent confidential agents shall be sent out through the
various regions and provinces, as well as the coastal districts, ports, and other places, and they shall be equipped
with competent instructions and orders, in accordance with
All palatines who the counts of Our imperial consistory

consider should be dispatched to the provinces for the performance of various duties shall fulfill the tasks for which
they are dispatched, without any fear of any judicial punishment; but they shall notify 3 the judges4 in the accustamed manner.
the administration that has been entrusted to Your Sublimity and in accordance with the authority of this law.
i. We have been moved to these measures by the occa-
Given on the sixth day before the kalends of March at Sirmium

in the year of the consulship of Ausonius and Olybrius.-February
24, 379.
sion of the theft of imperial supplies, and We order urgently that more diligent care be exercised whereby each
suitable person dispatched by Your Magnificence must also
strive to perform this special task, along with the other
duties enjoined upon him and those services that should be
suitably performed by him.
PrvTheseA
Pi
rse
e entaee
fome aane
ewher
e
as
chiefs of office staff in the office of the count of the estates
Given on the fifth day before the ides of November at Constantinople in the year of the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-November
9,t412.
II.4
The same Augustuses to Hadrianus, Praetorian Pre-
fect.
(After other matters.) We command that the confiden27 CJ 12, 22, 4. Marcellus was the author of a book entitled De
Medicamentis, Medicines, Remedies.
28 libelli.
29 contestationes.
80
As being disobedient to the divine imperial commands of the
Emperor, Const., n. ii.

318, 4,
32
II, 1,
II, 7, 19-21;
12, 6, 31.
Count of the Sacred Imperial Largesses,
Chron. Alexandr., 412.
22-24;
8 Not extant.
32;
CJ 12, 61, 4.
i. Emperors Gratian, Valentinian, and Theodosius Augus-
tuses to AsellUS. 2
be sent that even the count of the estates of the imperial

household shall fear them if he should conduct himself improperly. i. Therefore, each year for this purpose you
857, 4, 33; 7, 8,
12.
On account of barbarian invasions as well as the oppression of

Roman officials.
37 Permanent residents and transients.
86
1CJ
12, 23. The palatines were notoriously corrupt.

Some editors add: Greetings. The ms. has: HASELLE. His
official position is unknown.
3 convenire, summon, notify, sue, prosecute.
4 Governors of the provinces, the judges ordinary.
2
CJ
12,
23, 3.
6 revocare,
revoke, recall, reinstate.
C 147 1
6-30-2
must select and send suitable men from the imperial messengers.
Given on the fourteenth day before the kalends of September at

Bozen (Bolzano) in the year of the consulship of Auxonius and
7.17 The same Augustuses to Trifolius, Count of the Sacred

Imperial Largesses.
We decree for all the bureaus of the counts of the largesses the titles of rank" listed below, so that they may be
content with these and know that every opportunity for
corrupt solicitation is barred to them, even though anyone
through patronage that he had solicited might be able to
impetrate a special grant of imperial favor. It is Our will
also that subsistence allowances shall be requested by them
in accordance with the defined scale of their titles of rank,
and they shall not presume to take any more.
Catalogue:19 The statutory titles of rank which the office
of the sacred imperial largesses shall have in each bu-
Olybrius.-August 19, 379.
reau: . . .20
4.10 The same Augustuses to Hesperius, Praetorian Pre-
Given on the fourth day before the ides of June at Heraclea in

the year of the consulship of Ricomer and Clearchus.-June10, 384.
Given on the day before the nones of July at Scupi in the year
of the consulship of Ausonius and Olybrius.-July 6, 379.
3. The same Augustuses to Catervius, Count of the Sacred

Imperial Largesses.
The chiefs of office staffs of the bureaus 7 and also of the
bureau of receipts 8 shall administer the duties of this office
three years, according to the pattern of the sacred imperial
bureaus,9 so that no person by corrupt solicitation may
usurp a term of a longer time.
fect.
There shall be absolutely nothing in common and no
association between any judges and the palatines of Our
Clemency, when such palatines are dispatched by the counts
of the consistory, but with proper observance of the deference which is due and paid to the governors" of the provinces, not only by lower officials but also by their superiors,
each such palatine shall attend to his own duties.
i. No provincial apparitor shall lawlessly abduct any
debtor who is being forced to pay" by the office of the
fiscal representative.
Given on the eighth day before the ides of December at Sirmium
in the year of the consulship of Auxonius and Olybrius.-December13 6, 379; 378.
5-14 The same Augustuses to Nebridius, Count of the Privy

Purse.
Some persons, after the completion of the regular order
of palatine service in which they were engaged and after
the fulfillment of its honor, attempt to pass to service in
the bureaus of secretaries. i. We therefore sanction by this
law that henceforth no opportunity to dare such an undertaking shall be left for anyone, but each person shall follow
the regular order of that bureau in which he first chose to
serve, and no person who fulfills the chief position of the
order of service in his own bureau shall seek to finish his
imperial service in the place of another.
Given on the fifth day before the ides of October at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-October II, 383.
6.15 The same Augustuses to Probus, Praetorian Prefect.

Your Excellency shall take notice that you must completely dissociate yourself from the palatine offices, so that
hereafter you shall not suppose that you are permitted to
enjoin anything upon them, and furthermore you shall forbid the governors" of the provinces to attempt anything
of the kind further.
Givenl6 on the seventh day before the kalends of November at
Milan in the year after the second consulship of Merobaudes and
the consulship of Saturninus.-October 26, 383; 384.
Of the palatines.
8 receptoria.
9 The bureaus of the sacred imperial largesses?

10 CJ 12, 23, 4.
12 Apparently delinquent taxes.
13 February, when Gratian was at Sirmium, and since Hesperius
appears to have resigned the prefecture before December, M.
14
CJ
16
Received? Posted? The subscription is corrupt; II, 13, I; 6, 5,
2; 13,
I,
12, 23, 5-
15 CJ 12, 23, 6.
The same Augustuses to Trifolius, Count of the Sacred

Imperial Largesses.
We are pleased with your report,2 2 both just and profitable to all the imperial messengers of the palatine office, in
which you have informed Us that from said imperial messengers one ducenarius and three centenarii shall be relieved of their official cincture each year, with due consideration for the provisions of the law.
8.21
Given on the fourth day before the ides of March at Constantinople in the year of the first consulship of Arcadius Augustus and
the consulship of the Most Noble Bauto.-March 12, 385.
The same Augustuses to Trifolius, Count of the Sacred

Imperial Largesses.
From the palatine imperial messengers, with due consideration for the provisions of the law, one ducenarius and
three centenarii shall be relieved of their official cincture,
and as those of prior standing retire, a place shall be made
for their successors.
9.23
Given on the fourth day before the ides of March at Constantinople in the year of the first consulship of Arcadius Augustus and
the consulship of Bauto.-March 12, 385.
1o. The same Augustuses to Principius, Praetorian Prefect.

If any judge should suppose that either the exaction of
debts14 should be enjoined upon a palatine or that the assistance of a palatine should be assigned to a litigant in a private action, both the judge himself and each member of his
office staff shall be forced to pay five pounds of gold to the
account of the fisc for each person to whom they entrusted
the performance of forbidden services.
Given on the day before the kalends of September at Aquileia
consulship of Bauto.-August 31, 385.
ii. The same Augustuses to Proculus, Count of the Sacred
Imperial Largesses.
We formerly ordained" that beyond certain specified
17 CJ 12, 23,
7.
18 dignitates, dignities, ranks, honors, honoraria, emoluments. The
term here appears to include both the title and its emoluments.
19 brevis.
20 The text is corrupt, but compare CJ 12, 23, 7, for the form
as
edited and included in CJ by Justinian's Codification Commission.
22 suggestio, an official report with recommendations.
CJ 12, 23, 8.
debita, the regular word for taxes and other payments due the
23 6, 30, 8;
24
State.
25
12, M.
30, 9; CJ 12, 23, 8.
216,
6, 30, 7, issued two years previously.
[ 148 ]

dignities' no person should receive either subsistence allowances or gifts. But because We have learned that on the
pretext of the honor that they have obtained, very many of
those persons from the various palatine offices have received gifts, robes, and the other customary emoluments
beyond the statutory amount, you shall provide that any
superfluous amount furnished to them shall be exacted of
them, and henceforth you shall not permit anything beyond
the statutory dignities"' to be paid.
Given on the nones of May at Constantinople: May 7. Received
by Valerius, Count of the Sacred Imperial Largesses, in the year
of the consulship of Emperor Designate Honorius and of Evodius.
-386.
12. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Severianus, Count and Palace Steward.
Of those persons who must be assigned to palatine duties
within the great hall of the palace, no one shall be admitted
to any service unless Our annotation has opened the way
for him to obtain such imperial service.
Given on the eighteenth day before the kalends of February at

Milan in the year of the fourth consulship of Valentinian Augustus
and the consulship of Neoterius.-January 15, 390.
13. Emperors Arcadius and Honorius Augustuses to Hosius, Count of the Sacred Imperial Largesses.
The office staff which obeys the commands of Your Sublimity shall have only those dignities"' that are contained
in the constitution26 of Valens of sainted memory. They
must not ask or hope for anything more.
Given on the fourth day before the kalends of December at Constantinople in the year of the consulship of Olybrius and Probinus.
-November 28, 395.
14. The same Augustuses to Martinianus, Count of the

The chiefs of office staff of the palatine offices and of
the imperial bureaus, at the expiration of two years in
office, shall retire, nor shall they linger any longer in the
aforesaid imperial service. i. Of course, We allow those
who are found holding the aforesaid positions before the
promulgation of this statute to continue to the end of three
years.
6-30-18

With a salutary decision We have decreed that there
shall be five hundred forty-six members of the office staff
of the count of the sacred imperial largesses and three hundred of the count of the privy purse, from the number of
those persons who are not bound to any of the guilds. The
others shall be returned to their own duties and orders.
However, their names shall be retained on their respective
registers, and their province, as well as their municipality,
shall be written therein. The judges shall be admonished
with respect to the statutory number, so that all the others
may be dragged back to their duties, and hereafter it shall
not be possible for any person to hide in the provinces under
the pretext of imperial service unless he can prove that a
leave of absence has been granted to him or that some necessary public service has been enjoined upon him.
i. Decurions shall vindicate their own members to themselves; the guilds shall constrain their own fellow members,
and no deserter who was formerly an apparitor shall evade
his judge. Each person by due legal process shall obtain
those bound to his service, and the assistants who are in
charge of the official registers shall undergo the punishment of deportation, with the forfeiture of their property,
if they should allow any person beyond the statutory number to be employed in the imperial service.
Given on the eleventh day before the kalends of January at Milan
in the year of the consulship of the Most Noble Theodorus.December 22, 399.
17.9 The same Augustuses to Longinianus, Count of the

By a salutary sanction Our Serenity ordains that there
shall be five hundred forty-six palatines from the number
of those who are not bound to any of the guilds.a0 Moreover, there shall be supernumeraries, and from their number one shall be chosen as a substitute to take the place of
each member that retires, as reason may require. Deserters
shall be dragged back to the status of their birth, and the
assistant of the palatine office staff shall know that if
either by his collusion or negligence any persons beyond
the statutory number should steal in," he shall be punished
Given on the fifteenth day before the kalends of February at

Constantinople in the year of the fourth consulship of Arcadius
Augustus and the third consulship of Honorius Augustus.January 18, 396.27
for his avarice by the proscription of all his property and

by deportation. i. Moreover, due authorization has been
32
given for the immediate restoration to the provinces of
all others who are superfluous.
15. The same Augustuses to Constantius, Count of the

We command that those persons shall be dismissed from
the palatine service who have been indiscriminately assembled from the common herd and that the statutory
quota of two hundred twenty-four shall remain, together
with six hundred ten carefully selected supernumeraries,
and according to the regulation 26 of Your Eminence, as
hereby appended, a definite number of supernumeraries
shall be assigned to each bureau and governor."
i. Of course, if any person should wish to enlist in the
aforesaid imperial service, the trustworthiness of his birth
status shall be investigated, and then finally by means of
the annotation of Our Divinity he shall be made a member
of the group of palatines.
Given on the tenth day before the kalends of January at Milan

in the year of the consulship of the Most Noble Theodorus.-

Theodorus.-December 20, 399.
26
Not extant.
27
7, 6, 4; 6, 26, 6.
December 23, 399.
18." The same Augustuses to Nestorius, Count of the

Privy Purse.
No person whatever shall presume to assume the official
cincture of the imperial service in the office of the sacred
imperial largesses or the privy purse" unless he has obtained the annotation of Our Clemency.
Given on the day before the ides of August at Ankara (Ancyra)
in the year of the second consulship of Stilicho and the consulship of
Anthemius.-August 12, 405.
28 6, 30, 17.
296,
30, 16.
so M.: that five hundred forty-six palatines ... shall be retained

by you; likewise the others shall be palatines, moreover.
31 Into the official register.
32 After due . . . given, restore immediately to the provinces, M.
3 CJ 12, 23, 9. The same Augustuses and Theodosius
Augustus.
4 officium sacrarum, privatarum.
[ 149 ]
6-30-19
19. The same Augustuses
and Theodosius Augustus to

Monaxius, Praetorian Prefe ct. 5
By a special grant of imp erial favor We command that
Domninus, ex-chief of offic e staff of the sacred imperial
largesses, shall be ex-vicar, in the same way as are the
assistant masters of the sacr ed imperial bureaus.
i. We decree that all oth er chiefs of office staff of the
bureaus and those who will be the successors of Domninus
as chiefs of office staff of th e whole palatine office, shall be
ex-consulars and enrolled a mong the Senators Elite.
Given on the sixteenth day before the kalends of February at
Constantinople in the year of t he consulship of the Most Noble
Bassus and Philippus.-January17, 408.
20.36 Emperors Honorius a rid Theodosius Augustuses to

Sgustus
Johannes, Praetorian Prefe

We direct that the palatin es who faithfully keep the accounts of the sacred imper ial remunerations" and who
have arrived at the goal and limit of their imperial service,
as well as the assistant and the chiefs of office staff of the
various offices, shall have th e same privileges as those that
were recently bestowed by Our Clemency upon the department of the secret service, n amely, that the aforesaid persons shall be rendered exe npt from furnishing recruits,
and they shall not assume th e other burdens which, at the
expense of their dignity, t hey formerly sustained when
We had decreed nothing ab out this matter.
23. The same Augustuses to Asciepiodotus, Count of the

Your Sublimity shall honor, with the benefits that seem
best to Your Eminence, but, of course, with those benefits
within your jurisdiction and not with those that you recognize as customarily and divinely assigned to others, the
four imperial messengers who each year customarily and
formally retire from the palatine office. i. Also for the
future this custom shall forever remain, so that all circumvention shall be condemned and the imperial messengers
shall obtain abundant emoluments of service" and due
recompense.
Given on the third day before the kalends of May at Constantinople in the year of the thirteenth consulship of Honorius Auand the tenth consulship of Theodosius Augustus.-April
29,
422.
Given on the seventh day be fore the ides of June at Ravenna

in the year after the ninth consulship of Honorius Augustus and
the fifth consulship of Theodosius Augustus.-June 7, 413.

By the judgment of Our Moderation it has been granted
that members of the office staff of the privy purse shall f orever obtain the same privileges as do the members of the
office staff of the sacred imperial largesses, that is, that the
chief of office staff of the privy purse and the four other
chiefs of office staff of the other bureaus, in consideration
of the aforesaid imperial service, shall become ex-consulars and be enrolled among the Senators Elite. They
shall possess this honor both in this fair City"' and in the
provinces, since the Illustrious counts of the aforesaid dignities are always thus honored with the splendor of similar
21.38 The same Augustuses t o Anysius, Count of the Sacred
insignia, and they shall be relieved of their official cinc-
Imperial Largesses, and to Taurus, Count of the Privy

Purse.
According to the pattern of theGiven the3 9ancton
whic We romulgated concerning the as sistant masters of the sacred
imperial bureaus, We direct that a service of one year instead of two years shall be perpetually observed also in
the office of the sacred imp erial largesses and that of the
privy purse. 1. The venera ble birthday of My Eternity,
the Emperor Theodosius, s hall be the date on which the
year of promotion shall begi n, just as in the case of assistant masters, and the privile ges which are granted by the
sacred imperial statutes to such offices and chiefs of office
staffs shall be preserved int act and inviolate.
Given on the third day befor e the kalends of July at Constantinople in the year of the seve nth consulship of Theodosius Augustus and the consulship of Pa lladius.-June 29, 416.
22. The same Augustuses to Anysius, Count of the Sacred
Imperial Largesses.
All the statutes shall ceas e to be valid which were formerly promulgated in regard to a two year period of actual
service by imperial messenge rs, and as in the case of secretaries, when they have comp leted one year of the aforesaid
imperial service, We direct that they shall retire and that
those next in order shall ta ke their place, but those who
are now in this office shall complete their period of two
years of actual service, dati ng from the time when they
began.
Given on the fourth day befo re the nones of May at Constantinople in the year of the cons ulship of Monaxius and Plinta.May 4, 419.
on the fifteenth day before the kalends of December at
Constantinople in the year of the eleventh consulship of Theodosius
Augustus and the consulship of Valentinian Caesar.-November

17, 425.
TITLE 31: STABLEMASTERS' (DE STRATORIBUS)

i.' Emperors Valentinian and Valens Augustuses to Zosimus, Governor 3 of New Epirus.
We have dispatched a general edict throughout all the
provinces that only one solidus shall be demanded by the
stablemasters under title of approval of horses, 4 and Our
provincials shall know that in the horses that they offer,
certain requirements as to shape, stature, and age must be

observed.
i. We have also made the provincials liable to the pay-
ment of a definite number of solidi to the fisc if they do not

fear to give to the stablemasters that which the stablemasters never fear to seek.' 2. The members of the office staff
of Your Gravity also shall be fined one hundred pounds of
silver if they know that an offense of the aforesaid kind
has been committed and they do not immediately report the
fact for severe judicial punishment.
40 prolixa stipendia, long terms of service?
41
42
35 Prefect of the City, G.

36 CJ 12, 23, 10.
37 remunerationes, apparently the same as largitiones, the largesses, and possibly including the privy purse. See G. ad locum.
1.
38 CJ 12, 23,
ture,42 not by the attainment of equal eminence of rank but

by equal length of service.
396, 26,
17.
Rome and Constantinople.

Or, reading distinguantur: they shall be distinguished, G., M.
2, 29,
n.
I;
CJ
12, 24.
2 CJ
12, 24,
1-

4 One of the functions of the stablemasters was the inspection of
horses which were offered for the army.
5 Bribes, for the approval of their horses as tax payments.
[ 150 ]
Privileges of Service in the Imperial Palace

Given8 on the thirteenth day before the kalends of July at
Apollonia in the year of the consulship of Valentinian and Valens
Augustuses.-June 19, 365; 368; 370; 373.
TITLE 32: MEMBERS OF THE OFFICE STAFF

OF THE PALACE STEWARDS' (DE CASTRENSIANIS)
i.2 Emperors Honorius and Theodosius Augustuses to the
Respectable Narses, Count and Steward of the Sacred

Imperial Palace.
When, according to the regulations of the divine imperial responses, the officials in the office of Your Respectability have completed the statutory period of service,
that is, two years, those at the head of the list shall retire,
and their places shall be filled by those following them, according to the merits of their labor and terms of service.
No permission shall be granted to those who relinquish
their office at the completion of their term of service to return anew to the same branch of the imperial service or to
an administrative position.
Given on the sixth day before the ides of February at Constantinople in the year of the seventh consulship of Theodosius Augustus
and the consulship of the one who is to be announced.-February
8, 416.
The same Augustuses to the Respectable Scholasticus,

Count and Steward of the Sacred Imperial Palace.
Some persons have impetrated divine imperial letters3
whereby they have been appointed supernumeraries of the
first or second class' of the sacred imperial service. 6 When
such persons have thus been interposed, they occupy the
places that become vacant, and they exclude the statutory
members of the second and third class from the higher
positions. i. Therefore, We decree that those supernumeraries who are found to be in the first or second class by a
special grant of divine imperial favor shall be promoted by
alternate turns, that is, through interchanges, with the
statutory members of the second and third class, so that
now one from the first mentioned group and then one from
the second shall advance to a higher position of the statutory members, whenever it becomes vacant. 2. Furthermore,
it shall be observed that if any person of the first, second,
or third class should be able by a special grant of divine
imperial favor to impetrate rank among the statutory members, he shall be listed in the official register as the last
supernumerary of the third class.'
2.4

the year of the thirteenth consulship of Honorius Augustus and the
tenth consulship of Theodosius Augustus.-January 12, 422.
TITLE 33: PALACE GUARDS' (DE DECANIS)

Helion, Count and Master of Offices.
The four men from the body' of palace guards who arrive at the highest grade of their imperial service shall fill
6 Received or posted.
'CJ 12,
25.
CJ 12, 25,1.
Rescripts of the Emperor, Min. Sen., nn. 15, 61.
4 CJ 12, 25, 2.
5 forma.
6 ministerium, subordinate service, menial service at the palace.
8
CJ 12, 26.
CJ 12, 26, 1.
3 corpus, body, corps, corporation, guild.
6-35-2
the office of chief of office staff for the space of two years,
and no person shall be allowed to linger in that position any
longer. Thus all favoritism and corrupt solicitation shall
cease, and after the statutory space of two years, those
persons next in order shall succeed those at the head of
the list.4
in the year of the seventh consulship of Theodosius Augustus and
the consulship of the Most Noble Palladius.-November 4, 416.
TITLE 34: QUARTERING

MENSORIBUS)
OFFICERS'
(DE
Emperors Arcadius, Honorius, and Theodosius Augustuses to Aemilianus, Master of Offices.

The chief of office staff of the quartering officers, in the
same way as the chief of office staff of the imperial bureaus,
at the end of two years of service shall obtain a position in
the imperial service as the last on the list of the secret
service.
1.2
Given on the tenth day before the kalends of August at Ankara

(Ancyra) in the year of the second consulship of Stilicho and the
consulship of Anthemius.-July 23, 405.8
TITLE 35: THE PRIVILEGES OF THOSE PERSONS THAT HAVE SERVED IN THE SACRED
PRIVILEGIIS
(DE
PALACE'
IMPERIAL
EORUM QUI IN SACRO PALATIO MILITARUNT)
1.2 Emperor Constantine Augustus to his well deserving
Palatines, Greetings.
We order that all vexatious annoyances8 and nominations' shall be far removed from the palatines, from those
who have blamelessly performed their duties in Our personal service' as well as from those who are in Our bureaus, that is, from those who serve in the bureaus of
memorials, of correspondence, and of petitions. This special grant of imperial favor shall accrue to their children
and grandchildren according to the order of blood kinship;
they, along with all their movable property and urban
slaves, shall remain exempt from all compulsory public
services of a menial nature and those that are incumbent on
persons. No person shall inflict such outrages upon them;
and thus if any person should disregard these regulations,
due punishment shall be exacted of him, without distinction
as to his rank.
Given on the fourth day before the kalends of November at
Trier6 in the year of the consulship of Volusianus and Annianus.
-October
29, 314; 313.
2. The same Augustus to Proculus, Proconsul of Africa.

If any member 7 of the office staff of the bureau of memorials or any of Our palatines should be assigned to the
performance of any services' to the State or to another
4 As those at the head of the list retire.
1 CJ
12, 2 7 .
1 CJ
12, 28.
3 calumniae, chicanery,
2 CJ 12, 27, 1.
8 1, 9,3.
2 CJ 12, 28,
malicious prosecution.
1.
4 As subject to the performance of compulsory public services.
5 obsequia Nostra.
6 Constantine was not at Trier on this date.

7 Or: ex-member.
8 ad agendas curas, regularly used of confidential services.
1151
6-35-2

payment 9
office, the tax

of horses shall not be demanded of
him. i. However, those persons who do not render service
in the palace, but are of another class of men, shall make
the customary tax payment 9 of horses in accordance with
the legal formalitieso of this kind.
Given on the sixth day before the kalends of August in the year
of the fourth". consulship of Constantine Augustus and the consulship of Licinius.12-July
27, 315; 319.
3." The same Augustus to Rufinus, Praetorian Prefect.
It is Our will that if any persons should be presented

with a release 4 from service as chamberlains, from various
palatine services, from service in the bureaus of memorials,
correspondence, and petitions, from the office of the counts
of the largesses, from the office of the largesses of the
separate cities, or from the office of admissions, they shall
be entitled to the privileges of Our law, so that neither they
themselves nor their children nor grandchildren may be
summoned to duty in the municipal councils or municipal
magistracies' 5 or compulsory municipal services. i. Deservedly We join to them the members of the office staffs
of the largesses of the separate cities, so that those persons
may not be separated in privilege, since they are joined with
almost the same rank and serve under the palace steward;
f or the aforesaid personsl 6 are contained in the official
registers of the palatines.
2. To all these persons We grant the privilege that they
shall not undergo administrative duties as tax collectors or
as cavalry recruit tax collectors who are called capitularies,
or services as chief recruit tax collectors or as departmental chief of this service. 3. For they are so worthy of
Our special grant of imperial favor that even if anyone of
them after his palatine service should attain to various administrative positions, he shall be entitled to enjoy the same
privileges, since the bestowal of a greater dignity must not
create any prejudice.
4 (1).
Therefore, no son of the aforesaid persons and
no slave acquired by his military peculium shall be entered

on the tax declarations or be chosen as a substitute in the
number of supernumeraries or in the place of those who
are lacking," if he has not been registered on the tax rolls.
5 (2). They shall also be freed from the compulsory public
services that are incumbent on persons and those of a
corporal nature, whether they are still serving in the palace
or have been presented with their desired repose. 6 (3).
To the enjoyment of all these privileges We join the secret
service, although they appear to be supported by the military privileges which they have earned.
Given on the fifth day before the kalends of May at Sirmium in
the year of the fifth consulship of Constantine Augustus and the
consulship of Licinius Caesar.-April 27, 319;
352.18
19
4. The same Augustus to Julius Verus, Vicar of Italy.
By the rash lawlessness of certain persons and under the
pretext of tax payments that are customarily made, 9 the
endurance of compulsory public services of a menial nature
and of unworthy burdens is being imposed upon Our palatines, who on account of their approved labor have been
presented with repose. i. Although this crime ought to be
punished with a more serious penalty, nevertheless, it is
Our will that it shall be corrected as follows: Your Gravity
shall request a supply of bronze from the office of accounts
and upon this bronze formed into tablets you shall imprint
the letters of this law, 20 so that if the aforesaid palatines
should suffer any such indignity, they may flee for refuge
immediately to such bronze tablets as to an immediate
remedy, and they shall thus be freed from the threatened
burden.
Posted on the ides of March in the year of the second consulship of Crispus and Constantine Caesars.-March15, 321.
5. The same Augustus to all the Palatines.

Some men are attempting to despoil of their granted
privileges those persons who, after the completion of the
functions of their faithful service, have obtained public administrative offices, and these despoilers do not understand that those persons who have been advanced to the
summit of the heights of promotion must not be deprived
of their statutory exemptions. i. Therefore We command
that 'Our palatines, after the completion of their duties of
faithful service, when they have been exalted to the heights
of dignity, shall lose none of their granted privileges, but
their exemptions shall be available and shall be augmented
by their additions of rank. 2. With reference to this matter
We have dispatched written orders to the praetorian prefects and to the prefect of the City.
Given on the third day before the nones of July at Yscoum21' in
the year of the consulship of Januarinus and Justus.-JuIly 5, 328.
6. Emperors Valentinian and Valens Augustuses to Our

very dear Friend Artemius, 22 Greetings.
We have been greatly astonished that you have disregarded the privileges of the palatines and have wished to
join some of them to the tax receivers,2 3 although this is
not included in the provisions of Our law. 2 4 (Etc.)
Given on the thirteenth day before the kalends of October at
Aquileia in the year of the consulship of the sainted Jovian and of
Varronianus.-September 19, 364.25
7. The same Augustuses to Praetextatus, Prefect of the
City.
If any persons should perform the duties of imperial

secretaries within the venerable secrecy of the imperial
consistory or should serve in the bureaus or should perform
their duties full of vigilance as members of the secret service; also if any should serve in the office of admissions, in
the office of the palace steward, or in the office of the counts
of the sacred imperial and private largesses,26 when on account of the merit of their honesty and faithfulness they
have been adorned with this accession of glory and it is
established that they were honored at that time when they
were discharged from the palace service, they shall enjoy
the prerogatives of the honor that is bestowed upon them,
from the first" grades even to the order of the Most Per-
9 repraesentatio,as not subject to commutation.

10 actus.
18 CJ 12, 28, 2; 6, 22,
I] Fifth.
5; 12, 1, 3.
12
I,
12, 2; 15,
14 vacatio, release, temporary vacation, inactive duty.

15 honores.
16 The office staffs of the largesses in the various cities.
17
To make up the required number of taxpayers.
1s 2, 9, i, nf. 3-5.
19 Severus, Seeck. Cf. II, 30, 9; 8, 18, 2;
152
10, I, 2.
3, 1.
20 M.: upon this bronze you shall imprint the letters of this general rule of law.
21 Oescoum, G.
22 Governor (Corrector) of Lucania and Bruttium, 8, 3, 1.
23 Thus compelling them to render compulsory public services
which were without remuneration.
24 Not extant.
25 8,3, L
26 comitatenses sive privatae largitiones.
27 That is, the lowest.
6-35-13

fect, although they may not have the support of imperial
letters of commendation. 28 i. Furthermore, as to the counts
whose position is now more exalted and as to the tribunes,
their selection as Senators Elite shall be valid only if to
the office of the prefect of the City they bring sacred imperial letters 29 in which their career is commended.
2. At Romes" the following regulations shall be especially
observed: namely, that with due regard for distinctions in
compulsory public service that is extraordinarily imposed.

Except for the declaratio n8 once for all of his own high
rank, not only shall he nc t be forced by any suit, but not
even shall he be pressed by any slight admonition. i. If any
judge should strive to viol ate this command, his office staff
must be fined with a penal ty of five pounds of gold because
it is evident that the blame for the neglect of Our command
lies upon them."
rank and honor and also with a proper discrimination with

reference to their resources and fortunes, each of them
shall be recompensed by suitable rewards for his labor.
Given on the fifth day before the kalends of July at Aquileia in

the year of the fifth consuiship of Gratian Augustus and the first
gustus.-June 27, 38o.-3
consulship of Theodosius A
Those persons shall be entitled by impetration to become

Senators Elite who, after their distinguished service, ought
not to be exhausted by Senatorial expenses.
1140 The same Augustus es to Eutropius, Praetorian Prefect.

All men who retire fran mOur court 4' shall be considered
Given on the fourteenth day before the kalends of December at

Trier: November 18. Received on the fourth day before the ides
of December in the year of the consulship of Lupicinus and Jovinus.
)n of all compulsory public server the arrogance and rapacious

not
suff
ices. They shall
8. The same Augustuses3 ' to Probus, Praetorian Prefect.

Our palatines shall remain in undisturbed leisure. 2
Wherefore all men shall know that neither the office staffs
nor the judges shall go unpunished if they should disquiet
avarice of any accountan to2 on the pretext that they are

experienced
and suitable for service, nor after their discharge 43 has been earned by service,4 4 when they are old
and feeble or retired 45 sh ll they be recalled to their duties,
and all consideration of t he labor they have spent be obliterated.
said palatines, for after the proofs of faithful service performed under Our eyes, Our palatines shall obtain full
tranquillity.
Given on the third day before the nones of February at Constantinople in the year of the c onsulship of the Most Noble Eucherius
and Syagrius.-February3, 3 8i.
Given on the third day before the kalends of September at

Brisiacum in the year of the consulship of Emperor Designate
Valentinian and of Victor.-August 30, 369.
12
-December 1o, 367.
9. Emperors Gratian, Valentinian, and Theodosius Augustuses to Arborius, Prefect of the City.
It is Our will that no person from the sacred imperial
palace who is clothed with privileges or who has been presented with an office of provincial administration shall be
annoyed with any summons." i. Therefore, if any person
by his own suit should frequently prosecute with reference
to their rank3 4 any members of the secret service, any persons supported by palatine dignity or by their authority as
dignitaries after the administration of a province, or any
persons who rely on the statement of Our testimonial,3 5
such prosecutor shall be held obligated to the payment of
five pounds of gold.
Given on the fifteenth day before the kalends of March at Trier
in the year of the fifth consulship of Gratian Augustus and the first
consulship of Theodosius Augustus.-February i6, 380.
The governors36 of the provinces shall know that it is

forbidden that any person from Our palace who has performed glorious service or who has been presented with
retirementj14 should be subjected to the performance of any
28
prosecutoriae. The equivalent of testimonial letters, 6, 22, 8,
n. 28.
29 The
letters of commendation just mentioned.

80 Rome and Constantinople, that is, Old and New Rome.
32 After retirement from service.
33 conventiones, notifications of suit, suits, litigation, summons.
Such retired persons must not be sued to compel their performance
of compulsory public services of any kind.
4 dignitas, which entitled him to exemption from such molestation. M.: suit should prosecute . .. any persons who reverently rely.
35 Testimonial letters presented by the Emperor as evidence of
honorable dismissal from imperial service, the prosecutoriae of
n. 28.
ses to Cynegius, Count of the
Sacred Imperial Largesse S.

If any person should delay for a period of ten years to
sue any men that have be( n assigned to the duties of palatine service so that they nay be recalled to the municipal
senate to which they are obligated, he shall not thereafter
be able to sue on this clam for the aforesaid person.
Given on the third day beffore the nones of March at Constantinople in the year of the econd consulship of the Most Noble
Merobaudes and the consuls hip of the Most Noble Saturninus.March 5. 383.
E
s
ian, Theodosius, and Arcadius
Augustuseso
enin Prefect of the City.
All me who hnaeoe ed various commands in the palA service
ha
obey at, according to the law of the
Lor Or broherko th shall obtain the insignia of that
rank from which they ha ve earned retirement, to such a
degree that in rank and n order of seating they shall be
preferred to all persons who at a later time receive provincial administrations an d palatine dignities. i. Moreover,
if any person by lawless tusurpation should attempt to violate this general decree, he shall be considered by the
statute as guilty of sacrih ege.
Given on the day before the nones of July at Milan: July 6.

Received on the fourth day b efore the kalends of SePtember in the
year of the consulship of I mperor Designate Honorius and of
Evodius.-August 29, 386.
7 professio, formal statement, declaration, tax declaration.

38 The office staff as permanent officials were always liable for the
actions of their superior, who was subject to frequent change.
9 6, 28, 2, n. 5.
40 CJ 12, 28, 3.
aula, the great hall of the palace.

numerarius,who seeks to compel them to undertake compulsory
public services, which were not remunerative.
4 Reading missionem.
4 Meritoriously performed, emerita missio.
4 vacantes, retired, unemployed, on inactive duty.
6 12, I, 96.
47 CJ 12, 28, 4.
48 Gratian. Cf. 6, 10, 2; 6, 22, 5; 6, 26, 2; Const., n. 5.
41
42
E 153 ]
6-35-14

If any man should devote himself to oaths of enlistment"o
within Our bureaus, in that" of the secret service, of the
palatines, either of the count of the largesses or of the
count of the privy purse, or in the office staff of the Most
August praetorian prefect, and if the statutory period of
fifteen years should elapse without his having been sued
by his previous colleagues,5 2 he shall enjoy the honor of the
official cincture which he has assumed; nor after this period
of imperial service has elapsed, shall he be disturbed by any
disadvantage of his birth status which he had abandoned.
i. Moreover, We decree that in the imperial service of
the gubernatorial apparitors the aforesaid period of time
must be extended, not because the apparitors have greater
strength for the State than is found in the decurions, but
because men of a lower class ought not to be honored with
the same privileges. Therefore We decree that if in this
imperial service to which they have attempted to pass, they
should spend twenty-five years without any suit with reference to their status and if they should remain without
any disturbance or interruption in the aforesaid offices with
which they have associated themselves, although illicitly,
,they themselves also shall be secure and shall be freed from
the stain of their former condition.
2. Moreover, the children of decurions and of gubernatorial apparitors must follow their own birth status, no
matter when they may be born, whether before the prerogative and the expressed time of the imperial service that
has been undertaken 3 or after the period has elapsed,
since it is enough that release" be granted to their parents
by Our Clemency as remuneration.
3. Moreover, this law does not apply to those persons
who have been delivered either to their municipal councils
or to their own office staffs through the sentences pronounced by the judges, for indeed it is necessary for them
to embrace their own status"' to which they have been assigned. But this law applies to those persons concerning
whose status an investigation is being conducted in court,
so that the trial judges may observe the general rule that
is hereby given.
Given on the fifteenth day before the kalends of June at Constantinople in the year of the consulship of Asclepiodotus and
TITLE 36: THE MILITARY PECULIUM OF ALL

PALATINES' (DE CASTRENSI OMNIUM PALATINORUM PECULIO)
1.2 Emperor Constantine Augustus to Severus, Prefect of
the City.
We direct that if any of the palatines, who have been
previously deluged with the well defined privileges of Our
edict, should acquire any property while they remain in
5o Enter the imperial service.
8, 4, 28; 12, I, 184.
51 The secret service is usually designated as a department
49
(schola) rather than as a bureau (scrinium).

52 In a municipal council. The suit is for the purpose of compelling him to reassume the duties of a decurion.
5 fortuna, fortune, lot, status.
5 By their fathers.
1 CJ 12,
30.
154
CJ
12, 30, I.
Our palace, either by their own thrift or by Our gift, they

shall hold such property as a military peculium. For what
is so clearly derived from military service as that which is
acquired with Our knowledge and almost under Our eyes?
i. Nor are they strangers to the dust and toil of the camps,
since they accompany Our standards; they are always present at Our official acts,3 and since they are intent on their
scholarly studies, they are harassed by the length of Our
journeys and the difficulties of Our expeditions. 2. Therefore Our palatines who are able to enjoy the privileges of
Our edict shall retain their peculia as their own especial
property, in so far as they have acquired such peculia,
either by their own labor, as We have said, or as a result of
Our high esteem while they are stationed in Our palace.
Posted on the tenth day before the kalends of June in the year
of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-May 23, 326.
TITLE 37: THE EQUESTRIAN DIGNITY' (DE

EQUESTRI DIGNITATE)
Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.
It is Our will that the Roman knights' shall hold a rank
of the second class of all persons in Our City' and that
they shall be chosen from native born Romans and from
Roman citizens, or from those extraneous persons5 who are
not obligated to be bound to the guilds. i. Because it is not
fitting that such men should be without any privileges, they
shall not be distressed by the fear of corporal punishment
and of service as official escorts,6 and they shall be held
exempt from the tax assessments to which the Senatorial
order is obligated.
1.2
Given on the day before the kalends of November at PhilipPopolis

in the year of the consulship of the sainted Jovian and of Varronianus.-October(May) 31, 364.7
TITLE 38: THE DIGNITY OF MOST PERFECT

(DE PERFECTISSIMATUS DIGNITATE)
Emperor Constantine Augustus to Paternus Valerianus. 3
Those men who impetrate imperial letters patent entitling them to the rank of Most Perfect shall enjoy their prerogatives if they are free from a servile condition, if they
are not obligated to the fisc or to a municipal council, if
they have not been breadmakers, if they have not4 engaged
in any trade, if they have not purchased this honor with
venal patronage, or if they have not acted as managers of
the property of any person.-January 19, 3I7.
J.2
3actus.
1 CJ 12, 31.
CJ
12, 31, 1.
8 equites.
4 Rome and Constantinople, the two capitals of the Roman Empire.

5 peregrini,immigrants from other parts of the Empire, foreigners.
6 A compulsory public service, and as such it was not remunerated.
7 Valentinian was not at Philippopolis on this date.
1 CJ 12, 32.
2CJ 12, 32, 1.
4 The rest of this constitution has been lost. The italicized words
are supplied from CJ.
5 The date is from Seeck.
BOOK VII
................................................................................................
TITLE 1: MILITARY AFFAIRS' (DE RE MILITARI)
Emperor Constantine Augustus and the Caesar.'
If any man by an infamous conspiracy should give to
barbarians 4 an opportunity to plunder Romans, or if any
man should share the spoils acquired in any other way, he
shall be burned alive.
1.2
the consulship of Severus and Rufinus.-April 28, 323-
If any man in collaboration with any

public enemy whatsoever should take plunder or if a person
should share booty with brigands, he shall be consumed by
fire.
INTERPRETATION:
2. Emperor Constantius 5 Augustus to Silvanus, Count and

Master of the Horse and Foot."
If any soldier should be permitted to be absent on a leave
of absence granted by a tribune or a provost,7 or if, without
consulting" the aforementioned officers, he should depart
from his military service and standards, f or each such soldier
the tribunes and provosts shall pay five pounds of gold 9
each to the fisc.
Given on the sixth day before the kalends of June at Sirmium in
the year of the consulship of Limenius and Catullinus.-May 27,
349;
352.
3.0 The same Augustus to Titianus, Praetorian Prefect.
If any soldiers in accordance with Our authority should

attain the right for their households" to come to them,
1 CJ 12, 35; Brev. 7, I.
Brev. 7, I, I; CJ 12, 35, 9.

3 Constantine the Younger.
4 The barbarians here indicated may have been those living outside
the Empire and attempting to invade; or possibly the reference may
be to barbarian soldiers enrolled in the Roman army, since the
Roman armies were increasingly composed of barbarian mercenaries. There is much legislation in the Theodosian Code directed
against Roman soldiers who had become brigands and turned to
plunder: 7, 18, 7; 7, 18, 14-15; 7, 20, 7.
5 The only manuscript of this text reads Constantine Augustus,
but the date of the consulship of Limenius and Catullinus was 349,
twelve years after the death of Constantine. Medieval scribes often
confused Constantius and Constantine, since the names were similar,
and abbreviations were regularly employed in spelling common
names and titles.
6 Master of soldiers; 8, 7, 3; Amm. Marcell. 15, 5, 33; Victor
Caesar 42, 15. There is a mistake either in the inscription or in the
subscription.
7 Tribunes and provosts were not allowed to grant furloughs,
27, 12, I;
7, 12, 1.
8 This regulation was evidently directed against collusion, with

the attendant graft which was very common at this period, n. 33.
9 The Roman coinage was often confused and unsettled; hence five
pounds of gold rather than a specified number of coins, I, 6, n. 33.
10 CJ 12, 35, 10.
11 familiae. Cf. 7, 4, n. 68. According to the old Roman discipline,

families of Roman soldiers were not allowed to visit the army. It is
indicative of the lax discipline of this period that the families were
allowed to visit the army, but the Emperor is attempting to control
the practice by restricting the privilege to those who have obtained
special imperial permission. The pressure for this privilege seems to
have come largely from the barbarian mercenaries.
Your Excellency shall cause to be dispatched12 to the af oresaid soldiers only their wives, children, and slaves bought
with their military peculium, 3 but not those enrolled on the
tax lists.' 4
Given on the third day before the kalends of June in the year of
the consulship of Limenius and Catullinus.-May 30, 349.
6
4. The same Augustus"5 to the Most Noble Cretio,i Count.
Although at all times care must be taken that discharges
from the oaths of military service 7 shall not be granted to
any persons unless they ought to enjoy leisure because of
their number of terms of service" or because of poor
health, nevertheless We accept the recommendation of
Your Prudence which was made verbally before Us, and
therefore We command that those persons who have been
released to the leisure of civilian life before the completion
of their terms of service and while their health was unimpaired shall be restored to their original service units.
Given on the fifth day before the kalends of Julyl9 in the year of
the consulship of Sergius and Nigrinianus.-June27, 350; 349.
Emperors Valentinian and Valens Augustuses.

We again call to the practice of war and to the camp the
sons of those men who have continued steadfast in military
service. We shall confer on these sons also the same advantages of terms of service as are enjoyed by those men
of the second military rank2 ' who perform especially salutary service to the State. I. But if weakness of health or
condition of body or smallness of stature 2 should exempt
some of them from the condition of armed imperial service,23 We order them to perform imperial service in other
offices. 2. For if, after the age 24 defined by Us, they should
be addicted to a life of ignoble ease, they shall be bound to
the municipal councils 25 without controversy, according to
5.20
By the imperial post at State expense; Amm.

Marcell. 20, 4.
is The savings of soldiers from the various emoluments, such as
salaries and donatives.
14 ascripti censibus: coloni, or slaves whose condition was practically the same as that of the coloni. It was important for the State
that such persons should be kept employed in agriculture and continue to be taxed.
15 Constans, according to Seeck.
12
16 Count of Africa.
17 Reading separati otio.

18 stipendia, terms of military service usually consisting
of one
year each. M. would delete: or.
'o Posted on the fifth day before the kalends of
January in 349,
Seeck, Regesten 83.
208, 4, 8; 12, I, 58; 7, I, 8.
21 Thus these recruits enjoyed the same rank
at the beginning of
their service as that which was held by ordinary soldiers after they
had obtained their first promotion.

22
7, 13, 3.
23 armata militia. The government was organized

on a military
basis, and the imperial service was called militia. To distinguish between what we should call the military service, and the civil service,
the former was often called armata militia.
24 This age for sons of veterans was usually sixteen; for ordinary
22, 4.
25 Obligated to service in the municipal councils which was
burdensome and expensive. Hence such service was avoided wherever
possible.
recruits, eighteen; 7, 13, I; 12, 1, 58; 7,
155
Military
7*1*5
2
the quality of their resources and abilities."
But if any such
persons should be so weakened by fortuitous infirmity or
diseases and broken physical health that they cannot be
eligible for the service of camps or for any imperial service,
they shall obtain perpetual exemption27 from imperial service, and they shall be freed from the duties of the compulsory public services of decurions. (Etc.)
Given on the third day before the kalends of May at Adrianople
in the year of the consulship of the sainted Jovian and of Varronianus.-April 29 (May 13), 364.
6.28 The same Augustuses to the Moors of Sitifis.

If any man should fulfill terms 29 of armed imperial
service with unflagging labor for five years, although he
may be descended from a grandfather and a father of the
rank of decurion, he shall vindicate only his own person
from all the obligations of the decurionate. i. Moreover,
We grant equal security to those persons who serve on
various office staffs in the imperial service for a period of
twenty-five years. (Etc.)
Given on the ninth day before the kalends of May at Trier in the
year of the consulship of Valentinian and Valens Augustuses.-April
23, 368; 370; 373-30
7.81 The same Augustuses to Jovius, 3 2 Master of the Horse

and Foot.
Too many men from various service units, before the
completion of their terms of service, are attaining undeserved honors by corrupt solicitation" of patronage. i.
Therefore, if it should appear that they have either adored
the imperial purple34 or have received some high rank, they
shall be divested of those honors which they have obtained.
In this way, those men who by their greedy haste have outstripped others devoted to labor shall not receive even a
testimonial of labor completed.35 2. But if perchance they
should be held liable as having been engaged in the keeping
of accounts, 36 they shall be returned to those service units
from which they had withdrawn by corrupt solicitation.
Affairs
Given on the eighth day before the kalends of October at Heraclea in the year of the consulship of Valentinian and Valens Augustuses.-September 24, 365; 364.
9. The same Augustuses to Jovinus, Master of the Horse.

Your Sincerity shall immediately advise dukes, as well
as counts and those officers to whom the custody of the
Rhine has been assigned, that the military shall not supply
their pack animals either to royal envoys3 9 or to delegates.4 0
For such envoys and delegates must come with their own
animals to the place from which the service of the public
post proceeds. i. Your Authority, however, shall order that
sufficient care be employed that they do not lack food
supplies for their animals when they establish a haltingplace.
Given on the fourth day before the kalends of February at Reims
in the year of the consulship of Lupicinus and Jovinus.-January
29, 367.
i0. The same Augustuses to Jovinus, Master of Soldiers.

Very many soldiers often lead away with them men of
freeborn condition, by pretending that they are near kinsmen or in the capacity of camp followers. In order, therefore, that the army may be increased by as large a number
of young men as possible, such soldiers shall know that
they themselves of their own accord shall surrender men of
this kind whom they remember 42 to be with them to their
tribunes or provosts, who shall dispatch them to your office;
or such soldiers shall know that, not without a brand on
their loyalty,43 and with pangs of envy at another's honor,
they shall be demoted below their fellow soldiers. i. For
if any soldier should reveal to the public authorities such
perfidious harborers, he shall receive a promotion of one
grade in rank as a reward for this information, but those
soldiers shall be reduced to a lower rank who suppose that
young men fit for a military camp should be harbored because of their eagerness for inactive service.
Given on the day before the kalends of June at Milan in the year
of the consulship of Valentinian and Valens Augustuses.-May 31,
365.
Given on the sixteenth day before the kalends of March at Reims

in the year of the consulship of Lupicinus and Jovinus.-February
8.3 The same Augustuses to Equitius, Count and Master

of Soldiers.
Your Authority shall announce to all veterans" whatsoever that if any of them should not, of his own free will,
offer his son who is entirely worthy of the honor of bearing
arms, to the imperial service for which the veteran himself
has toiled, he shall be involved in the toils of Our law.
ii. The same Augustuses" to Severus, Master of Soldiers.
26 Physical and financial ability.

27vacatio perpetua.
28 12, I, 64.
29 sacramenta; literally, the oaths of allegiance sworn by soldiers
at the beginning of each term of service.

30 Valentinian and Valens were consuls on all of these dates.
32 Jovinus.
31 8, I, 10.
s ambitio. Such corruption was extremely common and was prohibited by many laws, but it continued to flourish, 2, 29, n. i.
3 For a description of this ceremony, see the Glossary, s.v. adoration.
a5 testimonium. On completion of their military service soldiers
regularly received testimonial letters from the Emperor, equivalent
to certificates of honorable discharge and entitling them to many
special privileges.
36 Of military funds. See accountant, military, in the Glossary.
3 CJ 1I, 68, 3.
38 Veterans were entitled to many special privileges, but they were
required to furnish their sons for enlistment in the army, if their
sons were capable of bearing arms, 7, I, 5; 7, 2, I, n. 4.
14, 367.
Those persons who are enrolled on the official register

among the supernumeraries4 5 shall receive support from
their parents until they are esteemed fit for bearing arms,
and accordingly, further provision for such persons in the
name of subsistence allowances 46 from the fisc shall cease.
Given on the eighth day before the kalends of May at Trier in
the year of the consulship of Modestus and Arintheus.-April 24,
372.
3 regales, either petty kings or princes, who might act as envoys

to the Roman Emperor.
40 legati. Such delegates might be either the royal envoys just
mentioned, or delegates chosen by the provincials to convey their
petitions to the Emperor. The service of the public post was ordinarily placed at the disposal of such envoys and delegates. Cf. 12, 12.
41 Ordinarily sutlers, but might include cooks, servants, and other
camp followers.
A euphemistic expression.
devotio, devotion, loyalty; a divine curse. Or: not without the
brand of a divine curse.
45 accrescentes, the army reserve or supernumeraries, usually the
42
43
sons of soldiers and veterans, 7, I, 5 and 8.

46 annonae. Inflation had so ruined the value of the currency that
payments in kind became customary; I, 6, n. 33. This was especially
important for the support of the army.
[ 156 1
7 -1-18
Military Affairs

Tribunes and soldiers shall not have the privilege of
wandering through private landholdings; they shall remain
with their own standards in the customary public encampments. If any man should defy such necessary decrees, information about him and his tribune shall immediately be
brought to Our Wisdom by reports of the governors48 and
of the defenders of municipalities.
Given on the fourth day before the ides of April at Constantinople in the year of the consulship of Richomer and Clearchus.April 10, 384.49
13.50 The same Augustuses to Richomer, Count and Master

of Both Branches of the Military Service.
By Our farseeing authority We decree that when all the
multitude of legions halt upon the verdant banks of the
rivers,5 1 no person at all shall pollute the common drinking
cup52 by defiling the flowing streams with foul filth, nor
while hurriedly washing off the sweat of the horses shall
anyone offend the public gaze by appearing nude, and thus
both mix the drinking water with muddy filth and shock the
public gaze. But he shall wander far from the sight of
everybody to the lower parts of the river, that is, below the
tents, and he shall superintend the swimming of the animals
as far as he pleases. Therefore, Your Sublime Magnificence, by your eager care and by the precept of your admonition, shall cause this matter to be so observed that each
and every tribune shall understand that he will be subjected
to severe punishment if in the sphere of his command" it
should be proved that these orders, which he knows, have
been neglected.
Given on the sixth day before the kalends of June at Vincentia in
the year of the consulship of Tatianus and Symmachus.-May 27,
39'-
14. Emperors Theodosius, Arcadius, and Honorius Augustuses to Theodotus, Master of Offices.
If any persons should begin to perform imperial service
while they are infants or minors,54 We order that they shall
be enrolled in the lowest rank. In this way, from the time
at which they begin to obey orders, they may begin to win
a place for themselves, so that they may attain promotions
in the imperial service by the recommendation of their
labors.
Given on the third day before the kalends of May at Constantinople in the year of the third consulship of Arcadius Augustus and
the second consulship of Honorius Augustus.-April 29, 394.

Remistheus, Duke of Armenia.
If any man hereafter should be found to keep a soldier
in his private personal service,"6 he shall be punished by a
fine of five pounds of gold.
47
CJ 12, 35, I.
4 8, 5, 45.
50 CJ 12, 35, 12.
51 Observe the florid Byzantine style, so conspicuous in this constitution.
52 The water of the river, their drinking water.
53 Pars, either the part of the army or the region, or both.
54 infantes, pueri. Apparently not legal infants, but children of
veterans old enough to be enrolled as prospective soldiers. Cf. 7, I,
ii, and the word infantry in English.
12, 35, 13.
56 privatum obsequium. Soldiers were often employed by private
55 CJ
individuals for many purposes, some of them even for the formation
of private armies.
Given on the twelfth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-February 1g,
396.
16."1 The same Augustuses to Theophilus, Vicar of Asia.

If you should learn that any soldiers have left their own
service units and are wandering at large through the provinces, you shall have them arrested and kept under guard
until a report is made to the ears of Our Clemency about
these men and until We may decree what should be done.
In this way, if any soldier should be found in a province
without his service unit and if afterwards he should be
reported to have escaped, he shall be punished most severely, at the risk of the entire office staff,5 by the confiscation of his possessions.
Given on the fifth day before the kalends of February at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of Eutychianus.-January28, 398.
17.65 The same Augustuses to Romulianus, Prefect of the

City.
If any soldiers in the Presence 9 who have been assigned
to the divine imperial service of Our Clemency and have
been permitted to be in this City while the imperial court
is in residence or if any soldiers from other service units
or legions should be found to be either at leisure 0 or engaged in service for another, report shall be made to Us
immediately, and the accomplices of such men, who do not
produce them, shall know that they will be fined twenty
pounds of gold. i. But if any soldier who has been sent by
his service unit or by his tribune should come to the imperial court of Our Serenity, he shall proceed at once to present himself to the Illustrious count,'1 and he shall explain
the reasons for his departure, 2 so that he may obtain Our
divine response and receive an immediate opportunity to
return.
Given on the kalends of February at Constantinople in the year of
the fourth consulship of Honorius Augustus and the consulship of
Eutychianus.-FebruaryI, 398.
18.3 The same Augustuses to Stilicho, Master of Soldiers.

It is Our will that Our soldiers shall not be transferred,
contrary to the public welfare, from one service unit to
another. i. The counts and dukes, therefore, to whom has
been entrusted the responsibility of directing the military
service, shall know that not only are they not allowed to
transfer a soldier from the field army and palatine units
to other service units, but they have not even been granted
the right to transfer soldiers from the secondary field army
legions or from the river patrols, camp soldiers,64 or any
other troops, because it is fitting that promotion in rank
should come to each and every one not by corrupt solicitation but by his own labor.33 2. If any man should act contrary to these regulations, he shall know that a pound of
gold will be exacted from him for each soldier so transferred.
CJ 12, 35, 13.
68 Of the governor of the province, whose duty it was to apprehend and detain deserters. Cf. I, 6, 9, n. 33.
61 praesentes, soldiers or officials especially honored by being assigned to service in the Presence of the Emperor.
60 sibi vacans, either at leisure or engaged
in one's own pursuits.
1 The master of soldiers.
62 From his service unit.
6" CJ 12, 35, 14.
64castriciani, the frontier soldiers?
157
Military Affairs
71-18
Given on the fourteenth day before the kalends of April at Milan

in the year of the consulship of Stilicho and Aurelianus.-March
19, 400.
TITLE 2: WHAT MUST BE PROVED BY PERSONS COMING INTO ANY BRANCH OF THE
IMPERIAL SERVICE (QUID PROBARE DEBEANT AD QUAMCUMQUE MILITIAM VENIENTES)
i.1 Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Postumianus, Praetorian Prefect.

Whenever any man supposes that he should offer himself 2 for imperial service, examination shall immediately be
made of his birth status3 and of every aspect of his legal
status,4 so that he cannot misrepresent his home, his family,
or his parents. i. He shall not be given credence in this
matter, however, except with the supporting testimony of
men of the rank of Most Honorable.5 For in this way it
will come about that no persons shall evade service in the
municipal councils and no persons shall aspire to imperial
service except those who are found by such a careful inquiry to be completely free both by birth and by the legal
status4 of their lives.
Given on the fourteenth day before the kalends of August at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-July I9, 383.
2. The same Augustuses to Neoterius, Praetorian Prefect.

If any man should desire to take the oaths of imperial
service, 6 first of all, in that city in which he was born or in
which he has established residence he shall execute formal
records and shall thus prove that neither his father nor his
grandfather was a decurion and that he is completely free
from obligation to the compulsory services of the municipal
senate. If he should not do this, he shall know that he will
be recalled to perpetual service as a decurion and that he
cannot be defended by any prerogative of time or of
imperial service. i. The municipal senates also shall know
that, if they should be proved to have shown favoritism"
to any man or if by publishing untrue statements in their
public records they should permit any person to escape
through falsehood, they subject themselves to peril. 9
Given on the sixth day before the ides of July at Milan in the
year of the first consulship of Arcadius Augustus and the consulship of Bauto.-July 10, 385.
1 12, I, 102.
2 The Roman
army at this period depended on both volunteers and

a limited form of conscription.
8 natales.
4 condicio, usually a low legal status, with corresponding legal

disabilities. The whole population of the Roman empire was strictly
regimented and divided into various classes, with varying privileges
and responsibilities. Children were usually required to remain in the
same status, continue the work, and assume the duties of their
fathers, 7, I, 5 and 8.
5 honestissimi, men of the higher classes whose testimony was considered of greater value than that of the lower classes.
6 cinguli sacramenta, oaths of the cincture of office.
7 Certain privileges were conferred by service for a specified
length of time, and all members of the imperial service were entitled
to certain prerogatives.
8 Municipal senators might be bribed to allow some member to
evade his obligatory services, 7, 1, 7, n. 33.
9periculum. The amount of penalty is left indefinite and is apparently to be assessed at the discretion of the judge or of the
Emperor.
TITLE 3: WHO SHALL BE PREFERRED IN

RANK (QUIS IN GRADU PRAEFERATUR)
i. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
In the case of all persons who have given their names'
to the imperial service, consideration must be given to all
their services rendered, so that only those persons may obtain higher rank who have earned support2 from their own
efforts. Inquiry shall be made to determine not who first
entered the imperial service, but who have remained assiduous in their zeal for the performance of their duties
in the imperial service.'
Given on the day before the ides of February at Constantinople
in the year of the third consulship of Theodosius Augustus and the
consulship of the Most Noble Abundantius.-February 12, 393.

When constant attention to duty has promoted some men
to higher -ranks in the imperial service and Our celestial
oracle 4 has promoted- others in the same rank of service
and when, at the time of prospective promotion to a higher
rank, a controversy arises as to which person shall take
precedence in this further promotion and which shall yield
precedence, in a case in which each relies on an equal beginning of the same rank, not unjustly it is Our pleasure
that whenever any person, by imperial letters patent or
by the sacred imperial orders, 6 advances from one rank to
another with the same terms of service as another man, he
shall be ranked by a three year period below the man who
was promoted to that rank by the performance of the actual
duties7 of imperial service.
Given on the tenth day before the kalends of October in the year
of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.--September 22, 409.
TITLE 4: THE ISSUE OF MILITARY SUBSISTENCE ALLOWANCES'

(DE EROGATIONE
MILITARIS ANNONAE)
i. Emperor Constantine Augustus to Our Very Dear
Friend Felix,2 Greetings.
The tribunes and provosts who have charge of Our
soldiers must not leave behind in the State storehouses
the subsistence allowances owed to them from day to day
according to the information of the written record, so that
the procurators3 or tax receivers of the provosts of the
rural districts and those of the State storehouses may purchase such provisions; for as a consequence, it comes about
21 And
are thus enrolled as members.

suffragium, patronage, support. Apparently this word is deliberately used in a good sense, to contrast with its usual meaning of
political patronage, which ordinarily depended on corruption and
bribery, 7, I, 7, n. 33.
3 aPParitio.
4caeleste oraculum, a term used to refer to an imperial pronouncement and indicative of the exalted position of the Emperor
at this period, Min. Sen., n. 61.
r By special grant of imperial favor.
6 affatus; literally an oral statement, but it may here mean the
same as the imperial letters.
7 sors.
'CJ
2 Possibly Praetorian Prefect.

12, 37; Nov. Val. 13, 3.
Apparently of the municipalities.
E is8 1
Issue of Military Subsistence Allowances
7-4-11
that the said officials are demanding from the provincials

not payment in kind, but money ;4 the supplies also, since
they remain unused, deteriorate and decay. i. For this reason We decree that if subsistence allowances have been left
unclaimed, the whole amount shall be vindicated to the fisc,
and the undersecretary and the military paymaster shall be
struck down by the sword, since it cannot be brought to
pass either that the provincials be burdened by a repeated
tax payment 5 or that spoiled food supplies be distributed to
the soldiers because the aforesaid officials refuse to accept,
on the appointed day, subsistence allowances commensurate
with their rank. 2. If any person should be apprehended as
guilty of this offense, he shall not be defended by personal
merit or by his very high position.
supplies along with them to provide for their personal needs

on campaigns.
Given on the fourteenth day before the kalends of November at

Aquae in the year of the consulship of Paulinus and Julianus.October 19, 325.
Given on the sixteenth day before the kalends of June at Hierapolis in the year of the tenth consulship of Constantius and the third
consulship of Julian Caesar.-May (December) 17, 360.14
Emperor Constantius Augustus to Taurus.'

Henceforth, whenever cured pork,7 or perhaps fresh
meat, is issued to soldiers stationed in Af rica, We command
that only the hoofs and the tips of the noses of the animals
shall be cut off and removed, so that all the pork' shall not
be separated but shall serve in the issue of the food supplies.
2.
Given on the eighth day before the ides of April in the year of the
consulship of Arbitio and Lollianus.-April 6, 355.
6
3. The same Augustus and Julian Caesar to Taurus.
The count of military affairs stationed in Africa is reported to have appropriated the supplies of military subsistence allowances from the stored supplies on his own
authority, contrary to Our prohibition. i. Hereafter, supplies cannot be thus appropriated without the authority of
the vicar, unless the vicar is notified in writing by the count
and is informed of the number of subsistence allowances
and to whom they must be issued, and unless he decrees
that this must be done.
Given on the fifteenth day before the kalends of January at Sirmium in the year of the ninth consulship of Constantius Augustus
and the consulship of Julian Caesar.-December 18, 357.
4. The same Augustus to Helpidius."

When soldiers are engaged in a campaign, they shall receive field rations' two days out of three, and bread and
wine each third day.
Given on the fourth day before the kalends of January at Dorida
in the year of the consulship of Datianus and Cerealis.-December
(May) 29, 358; 360; 361.10
5. The same Augustus to Helpidius, Praetorian Prefect.

Soldiers must receive from the State storehouses field
rations for twenty days, so that they may convey these
4 The bulk of the soldier's pay was in supplies, but he might be
given money payments, and payments in kind might be commuted
into money at a fixed rate.
5 collatio; literally a free will offering. By a sort of euphemism
typical of the period, it came to be the technical term for forced
tax payments.
7 laridum may refer to any kind of cured meat, but usually means
bacon, as it probably does here.
8 An exaggeration: whole portions of the hogs, such as whole
heads or feet, are meant.
9 expeditionalis annona.
10 In 361, Seeck, Regesten 76; I, 7, I, n. 2. The place is unknown.
Given on the day before the ides of March at Constantinople in the

year of the consulship of Eusebius and Hypatius.-March 14,.359;
360; 361.
6.11 The same Augustus and Julian Caesar to Helpidius,

Praetorian Prefect.
Study of past practice has revealed that -Our soldiers,
during the time of a campaign, are accustomed to receive
hardtackl2 and bread, ordinary wine and also sour wine,' 3
and meat, both pork and mutton, as follows: hardtack"
for two days out of three, bread on the third day; ordinary
wine on one day, sour wine" on the other; pork for one
day out of three, mutton on the other two days.
7.15 Emperor Julian Augustus to Sallustius, Praetorian

Prefect.
We order that the soldiers seek provender for their animals 6 as far as the twentieth milestone.
Given on the eighth day before the ides of January in the year of
the consulship of Mamertinus and Nevitta.-January 6, 362.
8. The same Augustus to Secundus, Praetorian Prefect.

Provender for their animals shall be refused the soldiers
up to the kalends of August (August i) but shall be furnished them after the kalends of August.
Given on the kalends of August at Nicomedia in the year of the
consulship of the Most Noble Mamertinus and Nevitta.-August
(May) I, 362.17
Emperor Jovian Augustus to Secundus, Praetorian

Prefect.
We order the soldiers to convey straw for themselves
from the distance of the twentieth milestone, but no farther.
9.1-
Given on the fifth day before the kalends of October at Edessa in

the year of the consulship of Jovian and Varronianus.-September
27, 364; 363.19
1o. Emperors Valentinian and Valens Augustuses to Symmachus, Prefect of the City.
The imperial bodyguard, in accordance with the observance of ancient custom, shall obtain prices of the open
market 20 for the payments of their subsistence allowances. 2'
Given on the tenth day before the kalends of May at Antioch 22 in

-April 22, 364.
i i. The same Augustuses to Mamertinus, Praetorian Prefect.

The tax receivers shall not issue supplies until they have
11 CJ 12, 37,
1.
13 acetum, sour wine or vinegar.
12 buccellatum.
1, n. 2.
157, 4, 9.
16 capitum. If the rations are stored as near as twenty miles from
14 1, 7,
camp, the soldiers will have to convey them to the camp. If the
rations are farther, the State will make provision for conveyance.
17 Julian was not at Nicomedia on this date, but was there between May 12 and July 28; Amm. Marcell. 22, 9, 3.
187, 4, 7; CJ 12, 37, 2.
"e Actually, this constitution was issued at Edessa in 363 and
received in 364, Kr.
20 forum rerum venalium.
21 Money as commutation of payments in kind,
n. 4.
22At
Santichium, Seeck. 7, 4, 10; 8, 5, i9; and I, I, i were
issued from the East, while the Empire was undivided, to Symmachus, Prefect of the City of Rome.
159

7-4-11
received the daily original requisition23 from the military
15." The same Augustuses" to Auxonius, Praetorian Preaccountants. But if supplies should be issued without a
fect.
requisition, the amount expended shall be computed to the
Just as We, by Our beneficial foresight, have commanded
to
be done throughout all frontiers, you shall order suploss of such tax receivers. i. In matters of this kind, the
plies of subsistence allowances to be brought to the camps
office staff of Your Gravity must be on the lookout, since
by the provincials nearest to the borders. Soldiers stationed
they know that it will not be without loss of their own
in camps who are averse to the burden35 shall take two
resources if they neglect to observe the tenor of the general
thirds of their food supplies from the storehouses there,
rule as prescribed. Supplies, and especially provender for
and they shall not be compelled to convey more than one
animals, shall not be brought out of the State storehouses
third themselves.
until, as We have said before, the original requisitions for
Given on the fifth day before the nones of May at Marcianopolis
24
the day have first been produced.
in the year of the consulship of Emperor Designate Valentinian and
Given on the ides of December at Trier in the year of the consulship of the sainted Jovian and of Varronianus.-December13, 364-25
The same Augustuses to Victor, Master of Soldiers.

We have learned from the report" of Count Ursicinus
that the landholders are being oppressed by the encampments of soldiers in the provinces, since the soldiers have
introduced the burdensome and unusual name of superstatutory food money." i. Your Magnificent Authority
shall send competent letters and shall order this practice to
be abolished in all the provinces. The soldiers shall consider
that their pay which they acquire in the receipt of the subsistence allowances must not be increased further, to the
detriment of the provincials.
12.26
Given on the sixth day before the kalends of January at Bonamansio in the year of the consulship of the sainted Jovian and of
Varronianus.-December (May) 27, 364?29
13. The same Augustuses to the People.
Military accountants shall produce the original requisitions 23 every day, or at most, every two days. In this way,
when the requisitions have been sent in, supplies of provender for animals and of subsistence allowances shall be
brought out of the State storehouses. i. If this order should
not be observed, the military accountant, the tax receiver,
and also the office staff of the judge,30 because it did not
insist upon the enforcement of this order, shall be held
subject to the statutory penalty.
Given on the kalends of October at Aquileia in the year of the
consulship of Valentinian and Valens Augustuses.-October 1, 365;
September 364.3'
14. The same Augustuses to Secundus, Praetorian Prefect.

River patrol troops shall receive subsistence allowances
in kind for nine months in the year, and for the other three
months they shall receive the corresponding prices.32
Received on the kalends of December at Chalcedon in the year of
the consulship of Valentinian and Valens Augustuses.-December
1, 365.
23 pittacium, record book. The tax receivers (susceptores) accepted the taxes as delivered by the taxpayers. These supplies were
transmitted to the military accountant who kept records of the receipts and disbursements of the army, and then to the paymaster
who issued them to the soldiers.
24 prorogata.
25 Valentinian was not at Trier in 364.
CJ 12, 37, 3.
26
28 cenatica superstatuta, money illegally collected for food beyond the amount that was provided by statute, 7, I, 7, n. 33.
29 The sixth day before the kalends of June, G.; 14, 2, 1.
30 judicans, probably the governor of the province, the judge ordinary.
3 Possibly 364, Kr.
2
3 pretia, commutation money for supplies in kind.
of Victor.-May 3, 369.
16.86 Emperors Valentinian, Valens, and Gratian Augustuses to Probus, Praetorian Prefect.
If the military accountants should not deliver at once at
the end of a period of thirty days" their original requisitions," they shall be compelled to restore from their own
property, either to the soldiers themselves or to the fiscal
storehouses, the supplies which they failed to withdraw
from the fiscal stores or which they omitted to issue to the
service units whose accounts they kept.
Given38 on the sixth day before the ides of April at Sirmium in

the year of the consulship of Valentinian and Valens Augustuses.April 8, 368; 370; 373.
7." The same Augustuses to Modestus, Praetorian Prefect.

Our gallant and devoted soldiers, their company units,4 0
and also all persons invested with any official honors whatever shall receive from the State storehouses subsistence
allowances and provender for their animals each day or at
least at the proper time, that is, before the year has elapsed.
If they should desire to defer receiving the pay owed to
them, those supplies which they do not accept at the proper
time shall be vindicated to the account of Our fisc.
Given on the day before the nones of April at Antioch in the year
of the fourth consulship of Gratian Augustus and the consulship of
the Most Noble Merobaudes.-April 4, 377.
18.' Emperors Valentinian, Theodosius, and Arcadius Augustuses to Abundantius, Stilicho, and the other Counts
and Masters of Both Branches of the Military Service.
No person shall attempt to demand money32 instead of
subsistence allowances payable in kind, and if any person
should attempt to contravene the statute which has been
promulgated, neither shall he be permitted to exact the
money which he requested nor shall he obtain the supplies
which he failed to accept at the proper time.
Given on the fourth day before the kalends of August at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of the Most Noble Abundantius.-uly
29,
393.
3 CJ 12, 37, 4.

3 Reading inviti oneris. M. reads: in the nearer camps. CJ reads
in veteranis castris. For the thought, see n. 16.
3 CJ 12, 37, 5.
37 If supplies were not issued when due, they might deteriorate
and even decay. Hence the penalty for failure to issue; 7, 4, 1.
38 Posted, since Valentinian was not at Sirmium after 364.
3 Emperors Valens, Gratian, and Valentinian Augustuses, CJ
12, 37, 6.
40 familiae, usually interpreted as company units of new recruits,
but the reference may be to subsistence allowances for the families
of soldiers, n. 68 and 7, 5, n. 3.
41 7,
9, 3.
[ 16o ]
Issue of Military Subs istence Allowances

We approve the fact that, by Our most farseeing regulation, subsistence allowances for office staffs have been
assessed on 4 2 those provinces that can bring no profit either
to the public transportation system or to the chest."
19.
Given on the day before the kalends of August at Constantinople

consulship of the Most Noble Abundantius.-July 31, 393.44

No military man shall be permitted to demand money
instead of those subsistence allowances which are levied in
the provinces, if he has refused his subsistence allowances
at the proper time when there was an abundance of supplies
and has taken advantage of an occasion of scarcity. Therefore, if any person, when his supplies are offered, should
omit to accept them because of the abundance of the year
and if afterwards when he had repudiated the supplies, he
should value them at prices set by the exigencies of the
times, he shall not be permitted to exact the money which
he demands in violation of this law, nor shall he receive
the supplies which through dissimulation he failed to accept.
Given on the third day before the kalends of August at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of the Most Noble Abundantius.-JuIly 30, 393.46

Caesarius, Praetorian Prefect.
If the provincials should sustain any losses whatsoever
at the hands of military men, in that such persons did not
accept the supplies which were brought together in the
provinces by the landholders, 4 7 the provincials shall immediately appeal to the judge,4 and the crime committed
shall be reported" to Our Clemency, in order that the crime
thus committed may be suitably avenged. i. But if the governors5 0 and their office staffs should conceal so great a
wrong by a like silence, in addition to the fine which they
shall properly undergo, twice the quantity of the damages
also shall be exacted from their property to be returned and
restored to those persons who sustained such losses.
Given on the fifteenth day before the kalends of May in the year
of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-April 17, 396.
22. The same Augustuses to Hilarius, Praetorian Prefect.

When the scholarians, the cavalry squadrons, either of
the field army or of the palatine squadrons, or any legions
or auxiliary forces bear to the provinces any kind of written tax warrants" for the furnishing of supplies, they shall
Or: have been assigned to.
4 arca, 6, 4, 21, n. 69. The thought seems to be that in the poorer
provinces, where transportation was difficult, the tax payments were
used for the payment of the salaries of the local office staffs.
4 Tatianus was succeeded by Rufinus as Praetorian Prefect June
30, 392.
4 CJ 12, 37, 7.
46 5, 14, 33.
47 possessores, originally possessors of property of any kind, but
at this period, primarily possessors of landed property and especially
of great landed estates.
8
fjudex, a judge in any capacity, but regularly any high administrative official, especially the governor of a province, whose chief
functions were judicial and who was the judge ordinary.
4 M.: the case shall be referred to Our Clemency.
42
so rectores. M.: if the soldiers should conceal . . . by their
silence.
51 delegatoriae, delegationes, allotment certificates, written notices
of tax assessments, tax warrants, tax levies. Cf. 7, I, 7, n. 33.
7.4*25
not be heard if they demand prices" beyond those which

52
were established in the general statute of Our sainted
father, the elder Valentinian. For it is not right that, in
exacting the subsistence allowances of Our soldiers, Our
servants should set new prices at their own discretion for
the landholders. i. We also command that no tax levy shall
be valid without a mention of prices."
Given on the third day before the kalends of June54 at Milan in

third consulship of Honorius Augustus.-May 30, 396.
23." The same Augustuses to Hilarius, Praetorian Prefect.

It behooves us to render aid to the interests of the provincials. Your Sublimity, of course, shall send instructions
through the Illustrious counts to the tribunes of all service
units or cavalry squadrons or even of the scholarians to
remember that hay for animal rations must be supplied to
the aforesaid soldiers from the fifteenth year of the indiction,", according to the statute of the sainted Valentinian,
but that the hay does not, however, have to be delivered to
the town.
Given on the sixteenth day before the kalends of July in the year
of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-June i6, 396.
24." The same Augustuses.

Your Excellency shall have the amount of the issue of
supplies made by the tax receivers compared with the
quantity denoted in the records.58 The record shall be examined very carefully from the day on which supplies
were issued to the service units, and if it should appear
that the military accountants or paymasters have received
anything more than is listed in the verified accounts of the
records as delivered to Our bureaus, the aforesaid officials
shall be compelled to restore the supplies twofold. That sum
shall be credited to the tax receivers which they prove that
they issued to the aforesaid accountants and paymasters on
demand. i. For sacred imperial letters have been dispatched
also to the Illustrious masters of both branches of the military service, in which We have decreed by Our farseeing
sanction that records shall be made with the greatest trustworthiness and accuracy before the beginning of the indiction and shall be dispatched to Our bureaus, and that the
tax receivers shall make the issue of supplies according to
these records.
Given on the eighth day before the kalends of April at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of the Most Noble Eutychianus.-March 25, 398.
25." The same Augustuses to Eutychianus, Praetorian

Prefect.
Since Our Clemency has complied with the request of
the municipal senate at Epiphania60 that from the month of
November new wine be supplied to the soldiers, because
'2
63
7, 4, l0.
Reading sine mentione.

54 Probably January instead of June; I, 21, 2.
51 CJ 12, 37, 8.
56 The fifteenth year of the indiction that might apply would be
371 or 386. The passage is obscure. G. reads sequente decima indictione from the following tenth year of the indiction, that is, 396.
6 CJ 12, 37, 9.
68 breves, lists, account books that listed the annual requirements
of the army.
" CJ 12, 37, 10.
60 The exact form of this word is uncertain. It may be either
Epiphania or Epiphane.
[ 161
7*4-25
the issue of old wine appears to be expensive, Your Illustrious Authority shall arrange that subsistence allowances
of new wine shall be issued from the month of November
to all the service units and soldiers throughout all the
provinces.
Given on the tenth day before the kalends of June at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of the Most Noble Eutychianus.-May 23, 398.
26.61 The same Augustuses to the Provincials of the Proconsular Province.6 2

The military tax collectors shall have no dealings with
the provincials, but the judges 68 and the provincial office
staffs shall demand the entire sum of taxes due, and it shall
be paid within the space of a year.
Given on the day before the kalends of April at Milan in the year
of the consulship of Vincentius and Fravitus.-March 31, 401.64

None of the imperial bodyguard or household guard who
have been commissioned to protect any districts or who
have been assigned to some rather distant service, or who
are under the orders of Our judges4 8 and who are obedient
to their commands shall receive their subsistence allowances or any emoluments unless, at the completion of one
consular year,6 * they shall take care to renew their letters
of instructions' 6 for the next consular year.
Given on the kalends of April at Constantinople in the year of the
sixth consulship of Arcadius Augustus and the consulship of the
Most Noble Probus.-April i, 406.
28.67 Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Praetorian Prefect.
The governors"o of the provinces shall provide that, besides the subsistence allowances which are commuted into
money, only such supplies in kind shall be furnished to
service units, as well as to the company units"8 and attendants 69 of the soldiers, as an examination of each soldier
discovers to be required.7 0 Thus no opportunity shall be
left for excessive demands through any fraudulent practices of the military accountants, since it is provided by a
general rule of law that no subsistence allowance in kind
shall be paid by the provosts of the breadmakers and by
their distributors 7 ' to anyone at all, unless he is proved to
be present and to ask for the allowance in person.
i. The provision also is included by the authority of this
statute that always during the time 72 when the tribunes
61 11, 5,
I;
CJ 12, 37, II.
62 Africa.
63 judices; the governors, the judges ordinary.

64 8, 5, 63; II, I, 29.
65From January i to January I.
66 commonitoria.
7 CJ
12, 37, 12.
familiae. The word familia denotes a closely organized group

and has several meanings. It is regularly broader than the English
word family and may signify a household, including all the members
of the family, the slaves, and other household property. It may also
denote a closely organized group of soldiers, especially such a group
of new recruits, which may be the meaning here. It may also signify a closely organized group of workmen or artisans forming a
guild. Other groups of persons may be indicated by this term, n. 40.
69 impedimenta, attendants of soldiers, equipage, pack animals.
70 For the purpose of preventing fraud. Cf. Juvenal, Sat. I, 123126 for the sort of trickery that might be employed by any person
claiming the allowance of a supposed absentee.
68
71 diadotae.
72 semper dierum, an unusual expression which may represent
a corruption in the text.
162
customarily receive the left-over supplies as an emolument

under the title of a "rakeoff," 7 these supplies shall be commuted into money at the same prices at which they are retailed in the open market.
Given on the fifth day before the ides of April at Constantinoplein
the year of the sixth consulship of Arcadius Augustus and the consulship of the Most Noble Probus.-April 9, 406.
29. Emperors7 4 Honorius and Theodosius Augustuses to

If a duke or tribune should take away from soldiers any
subsistence allowance by the grace of a gift to which he is
entitled," without any question he shall receive them according to the fixed money prices.
Given on the fourth day before the nones of May at Constantinople in the year of the seventh consulship of Honorius Augustus
and the second consulship of Theodosius Augustus.-May 4, 407.
30.76 The same Augustuses to Anthemius, Praetorian Prefect.

In consideration of the interests of the border militia and
of the landholders throughout First, Second and Third
Palestine,77 a regulation has been issued to the effect that,
when a fixed rate of commutation prices has been paid, the
exaction of payments in kind shall be suspended. But the
office staff of the duke 7 under the name of the garrisons
at Versaminum and Moenaenium, 7" is attempting to overthrow this salutary statute. i. Therefore, We renew the
statute, and We decree that if any person should attempt to
revive the prohibited exaction of payments in kind or should
dare to change the statutory rates of commutation, the Respectable Duke shall be severely punished by a fine of one
hundred pounds of gold, and his office staff shall suffer an
equal condemnation. The penalty for sacrilegeso shall be
added, which clearly pursues violators of divine imperial
decrees."'
Given on the tenth day before the kalends of April at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-March 23, 409.

In making due provisions for the interests of the soldiers,
We establish fixed and distinct prices for the respective districts and service units, for the subsistence allowances commuted into money which are distributed customarily to the
company units82 in the Orient and Egypt. i. But because
We must employ particular care for the provincials also in

this matter, that the resources of the taxpayers may not
appear to be impaired by too much haste in demanding
taxes, it is Our pleasure that a fixed time shall be set, during which the aforesaid commutation prices must be paid
stillatura, "drippings," overflow; apparently soldiers' slang.
Arcadius, Honorius, and Theodosius, if the subscription is
correct.
7 should take away ...
more than that to which he is entitled, G.
It is characteristic of the age that many practices originally fraudulent and illicit gradually became legalized by custom, 7, I, 7, n. 33.
761CJ 12, 37, 13.
7 Palestine at this time was divided into three administrative
districts.
78 Commander of the troops in Palestine.
7 Birsama and Menochia, Not. Dig.
Or. 34, 22; 34, 19.
80 Death, Const., n. II.
81 divalia scita regularly referred to imperial decrees of Emperors
who were already dead, but it may be used of Emperors still living.
82 familiae, notes 40 and 68.
73
7

to those who demand them. 2. Wherefore, We command
that the annonarian account of each year of the indiction
shall be paid in money after the close of the year,"' by the
end of the month of November of the following year of the
indiction.
Given on the day before the kalends of December at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-November 30,
409.
32. The same Augustuses to the Illustrious Leontius, Prefect of Illyricum.

Procurators of the municipal councils shall not be harassed about the subsistence allowances and cellar supplies"
which are customarily received by men of high rank, that
is, the governors5 0 of the provinces and the counts. For
when the rate of the commutation of taxes was established
at first by the assessment of a solidus for each one hundred
and twenty persons,"' the newly developed greed of the
officials reduced the number of personal tax units to sixty
per solidus; then their license, now full grown, did not
hesitate to reduce the number of taxpayers per solidus to
thirteen,8 6 and the procurators inflicted on the provincials
the loss to which they themselves had been subjected.
i. Therefore, the secretary of each provincial office staff
must so fulfill this responsibility that no damage by exactions shall be inflicted on the provincials by the aforesaid
procurator. He"7 shall take the supplies to be issued from
the public storehouses and gold in the name of cellar supplies,"' assigned to him by a manifest title"" according to the
nature of the supplies to be issued. He shall also make payment to those persons who wish to convert their supplies
into money, at the price which is current in the open market
or which has been set for His Excellency of the most
august prefecture. 9 For persons cannot complain if they
receive supplies in kind that are suitable to their rank, or if
they are pleased to receive gold, they should not complain
of being put on the level of so high an office. 90 The audacity
of reckless violators of this law shall also be punished; the
office staff of Your Eminence shall be fined immediately
fifty pounds of gold if they should fail to observe this law
as duly ordered.
Given on the sixteenth day before the kalends of September at
Constantinople in the year of the ninth consulship of Honorius
Augustus and the fourth consulship of Theodosius Augustus.August 17, 412.

In order that the complaints of the provincials may not
come to naught because of the extent of the intervening
seas, We decree that the Illustrious Flavianus and Caecilianus shall give audience to all persons throughout Africa.
i. We instruct them to investigate carefully the military
subsistence allowance also which is issued to soldiers9 '
83 The fiscal year ended August 31.
84 cellarienses species, I, 22, n. 20.
85 capita, personal tax units.
86 Many scholars would read thirty instead of thirteen. Cf. 7,
n. 33.
87 The translation is intentionally ambiguous to represent
ambiguity of the Latin.
88 M.: by a manifest title assigned to him.
90 The thought is that any person should feel honored if
claims for salary are treated in the same way as those of
praetorian prefect, the highest official under the Emperor.
91 contubernales.
within Africa, so that nothing may be added to the pay of

the soldiers after the examination by Flavianus and Caecilianus. (Etc.)
Given on the fifth day before the nones of March at Ravenna in

the year of the consulship of the Most Noble Constantius and
Constans.-March3, 414.-9
34. The same Augustuses to Constantius, Master of

Soldiers.
Those scholarians to whom, in consideration of their
labors, We have given command of the service units shall
be supplied without delay by the military tax collectors,
whenever supplies are issued to the soldiers, with a solidus
each from the subsistence allowances commuted into
money,"4 and also with provender for their animals which
is due according to the length of time of their administration. If any of these scholarians should pass on to his fate
before he receives his payment, what was due to him from
each source must be restored to his heirs.
Given on the thirteenth day before the kalends of December in
the year of the consulship of the Most Noble Constantius and
Constans--November 19, 414.
35.95 The same Augustuses to Asclepiodotus, Praetorian

Prefect.
We command that commutation into money shall be made
of all subsistence allowances which are customarily assigned"6 to all the office staffs and ministries9 7 of the sacred
imperial palace and the sacred imperial bureaus and to the
rest of the assistants" of all the high offices, the allowances
which have been torn violently from the vitals of the provincials by those men who have been sent to collect them, in
accordance with their own greed and lust.9 This commutation shall be made in the same way as in the case of the
soldiers to whom subsistence allowances commuted into
money9 4 are paid. A regulation of Your Eminence shall
prescribe that the emoluments due to all persons designated
above shall be issued in money at prices valued according
to the public authority.
Given on the sixteenth 00 day before the kalends of March at

Constantinople in the year of the consulship of Asclepiodotus and
Marinianus.-February14, 423.
36. The same Augustuses 0 1 to Procopius, Master of the

Military Service through the Orient.
If at any time tribunes or counts or provosts of the
service units throughout the provinces should wish to receive their subsistence allowances in money, that is, those
allowances which they obtain in accordance with their rank,
they shall know that these allowances shall be commuted at
no other prices except those that are current in the open
market. If the dukes or tribunes should wish other allowances to be paid in gold, which are not due to their high
rank but which were acquired as their gain in some other
way, provided, however, that they were acquired legally,
they shall be content with those prices which, by the cus-
the
his
the
7,
8, 12; 6, 29, 1.3

CJ 12, 37, 14.
9 aerariae annonae.
" CJ 12, 37, 15.
96 delegari. The verb delego regularly refers to tax assessments
and to the delegated rights to collect taxes on such assessments.
9 ministeria, regularly refers to the lower grade attendants
at
the palace.
9 adminicula.
99 7, I, 7, n. 33.
92
I, 7,
7-4-36
100 The fifteenth, 15, 3, 6.
101 Theodosius Augustus and Valentinian Caesar, that is, Theodosius II and Valentinian III, the Emperors under whom the
Theodosian Code was issued in 438.
[ 163 ]
7-4-36
tomary
sistence
violator
of both
time he
rule, are paid to all soldiers in the form of suballowances commuted into money. i. Any reckless
of this sanction shall know that he will be divested
his administration and his rank, and at the same
will be punished by the loss of his property.
Given on the third day before the nones of December at Constantinople in the year of the consulship of the Most Noble Victor.December 3, 424.
pulsory office' shall be administered for one year and no

more, provided, however, that responsibility4 for making
the appointment to this office shall not be removed from the
proconsular office.
Given on the fourteenth day before the kalends of May at Milan
-April 18, 365.
The same Augustuses to Auxonius, Praetorian Prefect.

We order all the regular tax in clothing to be delivered
to Our imperial largesses from the kalends of September
to the kalends of April.6 The penalty of a sentence as shall
seem best to Your Justice is established for the governor7
of the province and his office staff.
2.5
TITLE 5: THE BAKING AND TRANSPORTATION OF FOOD SUPPLIES' (DE EXCOCTIONE

ET TRANSLATIONE ANNONARUM)
1.2 Emperors Arcadius and Honorius Augustuses to Sti-
licho, Count and Master of Both Branches of the Military

Service.
In order that they may demand money at a higher rate
of assessment, military tax collectors, to whom the collection of supplies in kind in the various provinces is delegated, are demanding, in violation of all custom, the baking
of bread when no companies of soldiers3 are stationed there.
i. Your Illustrious Authority, therefore, shall punish this
new usurpation by a suitable decree, so that when military
tax collectors are assigned to the provinces,4 the ancient
usage shall be observed.
Given on the ides of September at Milan in the year of the consulship of the Most Noble Theodorus.-September 13, 399.
2.' The same Augustuses and Theodosius Augustus to

No person shall be exempted from the baking of hardtack,6 which must be prepared for our loyal soldiers, and
from the transportation of supplies. Indeed, not even the
estates of the imperial household7 shall be considered immune from these duties. If any person should neglect to
fulfill these commands, a thing which We do not expect,
his procurator shall be very severely punished. If it should
be established that the master was an accomplice in such
contumacy, he shall pay without delay fourfold the amount
which is demanded of him for his capitation tax.
Given on the ninth day before the kalends of April at Rome in
the year of the sixth consulship of Honorius Augustus and the
consulship of Aristaenetus.-March 24, 404.
TITLE 6: MILITARY CLOTHING'

TARI VESTE)
(DE MILI-
. 2 Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.

Receivers of taxes payable in clothing shall be named
from the number of the chief decurions or of the dignitaries,
except, of course, those persons who are supported by the
privileges of palatine service or who have performed offices
and ministries and have obtained high rank by the merit of
their terms of service. The Respectable Proconsul of Africa
shall be advised that, for the prevention of fraud, this com2
1 CJ 12, 38.
CJ 12,38, 1.
3 familiae. Or: although no guilds (of breadmakers) are established there. See 7, 4, notes 40 and 68.
4 M.: when supplies are assigned to military tax collectors in the
provinces.
6buccellatum.
5 CJ 12, 38, 2.
7 Nostra domus, Our household, Our privy purse.
J 12, 39.
12,
6, 4.

Marcianopolis in the year of the consulship of Valentinian and
Valens.-November I8, 368.

to Modestus, Praetorian Prefect.
The provinces of Thrace shall contribute one outfit of
clothing9 for each twenty land tax units or personal tax
units. Scythia and Moesia, meanwhile,o shall make an annual payment of one outfit for each thirty land tax units or
personal tax units. Throughout Egypt and the districts of
the Orient one outfit shall be furnished for each thirty land
tax units; throughout the dioceses of Asia and Pontus the
annual clothing tax shall be paid according to the same
number of personal or land tax units, in such a way that in
the Orient the provinces, except Osroena and Isauria, shall
enjoy the privilege of commutation under the title of gold
for purchase," which is paid for each land tax unit. For it
is established that the latter provinces do not pay gold for
purchase."Given on the fifth day before the ides of August at Hierapolis
consulship of the Most Noble Merobaudes.-August 9, 377.
4.12 Emperors Arcadius and Honorius Augustuses to Mar-
tinianus, Count of the Sacred Imperial Largesses.

You shall command that each of Our gallant soldiers
throughout Illyricum shall be given, not two tremisses's for
the purchase of his military cloak, but a whole solidus each.
Given on the sixteenth 4 day before the kalends of February at

Constantinople in the year of the fourth consulship of Arcadius
Augustus and the third consulship of Honorius Augustus.-January
17, 396.

The tax payable in military clothing, commuted into
money, shall be exacted from the taxpayers and, of course,
paid into the sacred imperial largesses. Five sixths of it
3 necessitas, a liturgy, a compulsory public service.
4 Many offices were filled by appointments made by various officials. The appointers were regularly held responsible for all the acts
of the appointees.
6 September i-April i.
5 CJ 12, 39, 1.
8 CJ 12, 39, 2.
9 vestis, either a single garment or all the garments necessary for
the equipment of a soldier.
10 During the present emergency, occasioned by the barbarian incursions. M.: Scythia and Moesia shall make ... land tax units or
personal tax units assessed on land.
11 aurum comparaticium, possibly contributed gold, which was
thus used for commutation money, for the purchase of clothing, instead of taxes payable in clothing itself.
12 CJ 12, 39, 3.
1s tremis, one third of a solidus.
14 The
fifteenth, 6, 30, 14.
" CJ 12, 39, 4.
164 1
Quarters
shall be issued to Our gallant soldiers'8 in money, but the
sixth portion shall be received by the weavers of Our Clemency for the aforesaid weaving, without any burden either
on them or on the State, and this part shall be issued to the
recruits and common soldiers in clothing which it is evident
that they greatly need.
Given on the seventh day before the ides of March at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.-March 9, 423.
TITLE 7: PASTURAGE' (DE PASCUIS)

i. Emperors Valentinian and Valens Augustuses to Ger-
manianus, Count of the Sacred Imperial Largesses.

We have sent letters to the Most Noble praetorian pref ects instructing them to notify the governors 2 of the provinces to take notice that rentals on the estates of the privy
purse shall not be increased and that they shall not permit
pasturage of animals from the estates of Our privy purse
to be furnished in accordance with the bids of the provincials.
7-8-2
from their emoluments and from the resources of your

office staff and paid to the account of the fisc, if any person
hereafter should attempt to mutilate the aforesaid meadows.
No less punishment shall be decreed also if the meadows of
the private citizens of Antioch should be devastated. However, decurions shall provide, without damage to the provincials, an arrangement by which pasturage may be supplied for the animals of the military.
Given on the fifth day before the ides of March at Constantinople
in the year of the fourth consulship of Honorius Augustus and the
consulship of the Most Noble Eutychianus.-March 11, 398.
4. Emperors Honorius and Theodosius Augustuses to Aurelianus, Praetorian Prefect and Patrician.
Landholders must pay in taxes no more than they are
ordered to pay each year by Our decision in accordance
with the regulation of Our Perpetuity and of your magnificent office. i. Soldiers must not presume to take anything except what they obtain by the bounty of Our divine
will. Therefore, landholders and coloni shall suffer no
further annoyance with respect to their meadows.
Given on the fifth day before the kalends of February at Rome

-January 28, 368; 366.3
Given on the nones of September in the year of the tenth consulship of Our Lord Honorius Augustus and the sixth consulship
of Our Lord Theodosius Augustus.-September 5, 415.
The same Augustuses to Rufinus, Praetorian Prefect.

Since there is no reason why rentals on the woodland
pastures of the privy purse should be increased, such increases shall not be made at the pleasure of the municipal
senates. i. We learn that too heavy a rental is being imposed by the municipal senates,5 so that animals from Our
private estates are being kept from the pastures of these
places, 6 a thing which Julian, of sainted' memory, established by an order" previously promulgated should not be
done. 2. Wherefore, Your Excellent Authority, with due
notice to the governors2 of the provinces, shall not permit
the necessity of bidding to be introduced, as municipalities
are doing without warning, but they shall decree that the
practice remain as established by antiquity.
5." The same Augustuses to the Counts and Masters of

Soldiers.
It is a ruinous practice that the meadows of Our provincials are being molested and harassed by the soldiers.
Therefore, We have decreed by a law promulgated to the
Most August prefecturel 2 that hereafter this unlawful practice shall not be employed. i. In regard to this matter, Your
Magnificence shall not delay to notify all persons whom it
concerns that they shall not permit landholders and coloni
to be annoyed by any unjustifiable demands on account of
their meadows.
2.4
Given9 on the ninth day before the kalends of October at Luceria

-September
Given on the nones of September in the year of the tenth consulship of Honorius Augustus and the sixth consulship of Theodosius
Augustus.-September 5, 415.
TITLE 8: QUARTERS' (DE METATIS)
23, 365.
Emperor Constantius Augustus to the Senate.

If Our Senators should be unwilling, no person shall be
quartered in their homes under the law of compulsory
quartering.
i.
3.10
Emperors Arcadius and Honorius Augustuses to Sim-
plicius, Count and Master of Both Branches of the Military

Service.
Your Distinguished Authority shall command that the
animals of soldiers shall be excluded from the public meadows of Apamea, with this stipulation, namely, that all soldiers shall know that twelve pounds of gold will be exacted
16 As opposed to the recruits and common soldiers mentioned below, who were furnished clothing rather than money.
1 CJ iI, 6I.
3 Posted, 8, 7, 9, since Valentinian was not at Rome on this date.
Given at Reims in the year after the consulship of Valentinian and

Valens Augustuses, in 366, Seeck, Regesten 71.
4
CJ Ii, 6 I, I.
5 Apparently the administration of these estates was entrusted to
the local municipal councils.
6from the pastures of other places, M.
7 divae memoriae. The adjective divus became so thoroughly identified with the deceased Emperors that it was automatically applied
also to Julian the Apostate and to some of the worst of the pagan
Emperors, such as Commodus and Caracalla, Min. Sen., n. 24.
8 10, 3, I for possible fragments of this order.
9 Posted, M.
10 CJ iI, 61, 2.
consulship of Taurus and Florentius.-May 3, 36J.2
2.' Emperors Valentinian and Valens Augustuses to Remigius,' Master of Offices.

You shall order those persons to withdraw who force
their way into a synagogue of the Jewish faith' as if by
right of compulsory quartering, since they must procure
the homes of private citizens, not religious institutions, by
right of compulsory quartering.6
Given on the day before the nones of May at Trier in the year
of the consulship of Valentinian and Valens Augustuses.-May 6,
368; 370; 373.
11 CJ 11, 61, 3.
12
The praetorian prefect; 7, 7, 4.
1 CJ 12, 40.
2
1, 6, I, n. 5.
CJ 1, 9, 4.
4 Ursacius was Master of Offices of the West in 365, Remigius in
368, 370, 373, Amm. Marcell. 26, 4, 4; c. 5, 7; 27, 9, 2; 28, 6, 8; 29, 5, 2.
5 Judaica lex, the

6 habitatio.
Jewish law.
E 165 J
7-8-3
Quarters
3. Emperors Gratian, Valentinian, and Theodosius Augustuses to Palladius, Master of Offices.

No person shall exempt the homes of private citizens
from the compulsory service of supplying quarters, except
the homes of those ex-pref ects who have achieved the highest rank for themselves by service in office, of those exmasters of the horse and foot who have been made Illustrious by virtue of terms of public office which they actually
served, of those ex-counts of the imperial consistory who
have become Most Noble by their actual service in sharing
the problems of Our august heart, and of those ex-grand
chamberlains who by their great and assiduous attention to
Our divine person have placed themselves among the foremost dignitaries. According to this law, however, they may
retain one house each, whichever they wish, to live in, but
all the rest they shall furnish to quartered persons according to the established legal custom.
Given on the sixteenth day before the kalends of October at
Constantinople in the year of the consulship of Richomer and
Clearchus.-September 16, 384.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Theodotus, Master of Offices.

If any person should dare to delete the handwriting of
Our quartering officers by which they designate the houses
assigned to various persons and write on the doorposts the
names of the persons to be quartered there, by the authority
of this law he shall be held guilty of a crime equivalent to
forgery.
4.7
Given on the sixth day before the kalends of November at Constantinople in the year of the third consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Abundantius.
-October
27, 393.
5.8 Emperors Arcadius and Honorius Augustuses to Hosius, Master of Offices.

In any city in which We Ourselves may be or in which
those persons who perform imperial service for Us may
sojourn, We remove all injustice both on the part of Our
quartering officers and of the persons quartered. One third
of a house shall be assigned to a quartered person, and the
owner shall possess two thirds of his house as his own in
full confidence and security, to the extent that when the
house has been thus divided into three parts, the owner
shall have the first opportunity to choose his portion, and
the person quartered shall obtain whichever part he wishes
second, while the third part shall be left for the owner. For
it is the full measure of equity and justice that the person
who enjoys possession by the right of succession or who
had the good fortune to have purchased or built his home
should have the portion of his own particular choice and
also the remaining third portion.
i. Workshops that are assigned to trade shall not be subjected to the annoyance of the aforesaid division but shall
be undisturbed, free, and protected from every annoyance
of compulsory quartering. They shall be devoted to the use
of their owners and lessees only. But if there should be no
stable for a military man in his third of the house, as sometime happens, stable room shall be assigned in the workshops, unless the owner should provide for it by some
means, in accordance with the number of the animals and
the nature of the house.
2. We decree that to Illustrious persons not one third
of a house but half a house shall be assigned by the right
7CJ 12,
40, I.
8 CJ 12, 40, 2.
of compulsory quartering, under this condition only, that

one of them, the owner or the Illustrious person, whoever
may prefer, shall divide the house by an equitable decision,
and the other shall have the privilege of choosing.
3. This order which We issue shall remain completely
valid forever, and persons endowed with the rank of Illustrious shall know that they must pay to Our fisc thirty
pounds of gold, while other persons will be deprived of
their positions in the imperial service, if they should violate
this general precept with reprehensible temerity by usurping more space than We have ordered.
Given on the eighth day before the ides of February at Constantinople in the year of the fourth consulship of Honorius and
the consulship of Eutychianus.-February6, 398.
6.9 The same Augustuses to Vincentius, Praetorian Prefect.

It is Our will that all judges 0 shall know that they must
refrain from the use of the official residences of the judges
ordinary" while such judges are in residence.
Milan in the year of the consulship of the Most Noble Stilicho and
Aurelianus.-January 17, 400.

Africa.
We decree that the landed estates of the property of the
public enemy, Gildo,12 and of his satellites shall be annexed
to Our private domain and that no transients shall enter
them for the purpose of compulsory quartering. All persons shall know that they must keep away entirely from
Our landholders.1 3 If any person should unjustifiably enter
into a landed estate of Ours for the purpose of lodging, he
shall be compelled to pay a fine of five pounds of gold.
Given on the sixth day before the ides of June14 at Milan in the
year of the consulship of Stilicho and Aurelianus.-June 8, 400.
8.15 The same Augustuses to Aemilianus, Master of Offices.

Pursuant to Your recommendation, We order that the
entire burden of compulsory quartering shall be removed
from homes of armorers. i. We have sent sacred imperial
letters about this matter also to the Illustrious Count and
Master of Soldiers throughout the Orient, instructing him
that he grant to the armorers of the City of Antioch the
privilege of exemption from compulsory quartering, during
the absence of the sacred imperial retinue,16 of course, so
that the same exemption of homes shall be given to the
workshops of armorers at Antioch and all other municipalities.
Given on the eleventh day before the kalends of February at Constantinople in the year of the consulship of Stilicho and Aurelianus.
-January 22, 400; 405-17
CJ 12, 40, 3.
10 7, 4, 21, note 48.
11 ordinarii judices; the judges ordinary, the civil governors of
9
the provinces.
12 Gildo was a powerful Roman official in Africa who had rebelled in 394 and had been destroyed in 398.
1s That is, the landholders must not be molested.
14 January on account of the date of 7, 8, 8, M.
15 CJ 12, 40, 4.
16 comitatus. When the imperial retinue was in a city, not even
the homes of the armorers were exempted.
17 In the year of the second consulship of Stilicho and the consulship of Anthemius, just as the other laws issued to Aemilianus while
Master of Offices. Aemilianus could not have held this office in 400
or 405, because Anthemius was Master of Offices in 404, according
to M.'s ambiguous note.
1i66 J
Quarters
9. Emperors Honorius and Theodosius Augustuses to Sapidianus.' 8
Whereas We recently ordered, by establishing a fine of
five pounds of gold, that the landed estates brought to Our
treasury from the property of Gildo should be exempt from
compulsory quartering, We now further command that all
houses which come from the same right of confiscation, in
whatsoever municipalities they are located, shall be exempted from compulsory quartering, so that lessees may
be found more easily. i. If any person, therefore, should
violate Our order, he shall be punished by the fine previously imposed.
Posted at Carthage on the eighth day before the ides of August
third consulship of Theodosius Augustus.-August 6, 409;20 399;
400.
10." The same Augustuses to Johannes, Praetorian Pre-
fect.
We liberate Our loyal landholders from every disturbance. i. First of all, therefore, throughout Africa, no
quartering officer shall come to any estate, either public or
private, whether belonging to Our household or to anyone
else, no matter by whom he has been sent. Ia. For 22 Our
Serenity grants license to the owner, his overseer, or even
his tenants 23 that they shall have the right to punish24 and
to expel any person who should come to the landholding for
the purpose of preparing quarters. They shall not fear any
criminal prosecution, since they know that they have been
granted the right to avenge themselves and that a person
who first discovers the sacrilege 25 should straightway ward
2
and the primates2 7
it off. ib. We decree that the governor"
of his office staff, by whose instructions he sent the prohibited person 2 to any farm, must suffer temporary proscription.
2. Of course, We do concede the bare right of compulsory quartering," but only under the condition that
nothing shall be asked of the host which is considered essential as food for men or for their animals; that the
journey shall be swift and continuous in all cases; and that
no traveler shall be permitted to linger, lest the length of
his stay should disturb the estate in any way. 3. A fine of
ten pounds of gold shall also be inflicted upon any governor,30 advocate,31 apparitor, member of the imperial service, or traveler who, in any place, may demand anything of
his host. 4. For so emphatically do We order that this
criminal custom be suppressed that We do not permit those
also who furnish supplies to be unpunished, if it should be
proved that they have offered such supplies, even voluntarily, in violation of Our order.
Given on the day before the ides of June at Ravenna in the year
after the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-June 12, 413.
18 Vicar of Africa.
20
19 7, 8, 7.
The date is suspect, since Sapidianus was Vicar of Africa in
399 and 400.
CJ 12, 40, 5.
23 plebs, men, coloni.
M. would delete: For.

With corporal punishment.
z5 Violation of an imperial command, Const., n. ii.
26 administrans.
27 proceres.
28 The quartering officer.
29 The furnishing of shelter only, but not under the direction of a
quartering officer.
s0 administrator,the administransmentioned in n. 26.
31 togatus, the regular word for an advocate, who was a State
official under the system of socialized legal aid. Some scholars, such
as G., understand this word to indicate the togati Augustei, or imperial surveyors.
21
22
24
7-8-14
The same Augustuses to Probus, Count of the Sacred

Imperial Largesses.
(After other matters.) An authoritative order already
sent" on that subject has made a clear statement concerning the quartering of judges and of all other persons, as to
what the landholder must choose first and under what penalty all matters which pertain to his expense are abolished.
11.3
Prefixed to a letter34 to Eutychianus, Prefect of the City, on the

fourth day before the ides of January in the year of the consulship
of the Most Noble Constantius and Constans.-January 10, 414.
12.35 The same Augustuses to Hadrianus, Praetorian Prefect.

It has been provided for the welfare of Africa that the
abominable furnishing of quarters shall be abolished and
that no one shall demand private personal servicess from
the master of the house. (Etc.)
Given87 on the fifth day before the nones of March at Ravenna

in the year of the consulship of Constantius and Constans.-March
3, 414.
13.38 The same Augustuses to Eustathius, Praetorian Prefect.

Our loyal soldiers returning from combat service or setting out for war shall take for themselves the ground floor
rooms of each tower of the New Wall" of this sacred City.
Landholders shall not be offended on the ground that the
ordero which had been issued about public buildings has
been violated. For even private homes customarily furnish
one third of their space for this purpose.
Given on the fifth day before the nones of March at Constantinople in the year of thirteenth consulship of Honorius Augustus
and the tenth consulship of Theodosius Augustus.-March 3, 422.41

Helion, Patrician and Master of Offices.
If We should be engaged upon auspicious expeditions for
the safety of the State and should be detained in the domiciles of other provinces and other cities, all persons here4 2
of any class or of any high rank whatsoever shall enjoy
full possession of their own homes, in accordance with their
high rank or the special imperial favors which have been
bestowed upon them, and no man shall prevent them. If,
however, in accordance with the common prayers of all the
people, We reside safely within the dwellings of this flourishing City, We command that all such special grants of
imperial favor shall be suspended4 3 and that the home of no
32
CJ 8, IO, 8;
II,
59, 13;
II,
48, 15.
" 7, 8, 5.
34 When he posted this law, the prefect of the City prefixed it to
the letter of authorization, I, 16, lo, n. 50.
3 CJ 12, 40,
86 Privatum,
6.
a general term including all illicit demands.

37 Posted, 6, 29, II; 7, 4, 33.
38 CJ, 12, 40, 7.
" The New Wall of the sacred City, Constantinople in this case,
was the great land wall built in 413 under Anthemius, one of the
greatest of the praetorian prefects. The stones of this great wall
still stand and may be seen in Istanbul today. This wall had ninetysix great towers; the upper part of each tower was used for military
purposes. The use of the lower part was granted to the landholders
through whose possessions the wall was built. As compensation for
the use of this land and for the care of the wall, the landowners
were granted immunity from the law of compulsory quartering, but
at this time the Emperors found it necessary to take away this immunity and thus to use the tower rooms for soldiers in active service.
40
I,
1, 51.
41 In 433, the year of the fourteenth consulship of Theodosius

Augustus, Seeck.
42 In Constantinople.
4 7, 8, 8.
E 167 ]
Quarters
7 -8-14
person shall be especially exempted from compulsory quartering, even if the owner is Illustrious and has risen to the
highest rank of dignity. We except only those houses in
which it appears that each of the aforesaid high officials
resides, one house for each.
Given on the fourth day before the ides of March at Constantinople in the year of the fifteenth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.-March 12, 435.
Given on the tenth day before the kalends of July at Constantinople in the year of the consulship of the Most Noble Hierius and
Ardabur.-June 22, 427.
TITLE 9: EXTRAS SHALL NOT BE FURNISHED TO QUARTERED PERSONS' (DE

SALGAMO HOSPITIBUS NON PRAEBENDO)
15. The same Augustuses to Johannes, Count and Master

of Offices.
No person in this fair City who enjoys possession of his
own home shall attempt under protection of the oath of
military service to molest the home of another person. But
he shall either be content with his own home and keep
away from another person's, or he shall certainly receive
quartered persons into his own home, if he should suppose
that he could vindicate quarters for himself in another
person's home. i. For it does not seem consistent, since
Illustrious persons have been granted the right to exempt
only one home each to live in, for other persons to bar 4
their homes to everybody, as well as to inflict annoyance
on the houses of others.
i. Emperors Constantius and Constans Augustuses to the

Provincials.
If any person should of his own accord wish to assist a
person whom he has received into his home by supplying
him with necessary articles, such as oil, wood, and other
things of this kind, he shall know that this privilege is
granted to him. i. But if any person in violation of Our
interdict should wish illegally to seize the aforesaid articles
from you by violence, you shall have the right to appeal to
the provost and the free opportunity to complain about this
injury. Thus spontaneous human kindness shall not be restrained in you, and yet your household goods shall not be
exhausted against your will and that of your patrons.
Given on the eighth day before the kalends of March at Constantinople in the year of the thirteenth45 consulship of Theodosius
Augustus and the consulship of the one who is to be announced.February 22, 430; 433.
16. The same Augustuses to Valerius, Master of Offices

and Ex-Consul Ordinary.
Men of consular rank in this fair City shall have two
houses each for themselves, exempt from the burden of
compulsory quartering. But if they should discharge the
debt of fate and their houses should devolve upon their
children, parents, brothers or sisters, or their wives, only
one of the two houses shall be exempt from the molestation
of the quartering officers. If any of these men should leave
only one house, it shall be exempted in the case of the persons mentioned above.
i. But for those men who have the rank of prefect, obtained by the administration of this supreme dignity, or for
those who actually have held the office of master of soldiers,
who have been grand chamberlains or who have obtained
honorary imperial letters patent for the aforesaid rank of
prefect, although one house has been exempted for them
by a previous law," We decree that half of another house
also, if it should happen that they have houses in this fair
City, shall be exempt by Our generosity as long as they
live, and that one third of the other half shall be assigned
to persons quartered. But if after their death their houses
should devolve upon their parents, children, brothers, sisters, or wives, two thirds of one house, which the said successors may select, shall be exempted from the molestation
of the quartering officers, while a third of the third part
shall be assigned, of course, to quartered persons.
2. To other Illustrious persons, of course, for whom one
house each is exempted because of their rank, We decree
that it shall be granted that, if they should die and their
houses should devolve upon the above named persons, one
half of the house, which the heirs may choose, shall be held
exempt. One third of the other half shall, of course, be
subjected to the furnishing of quarters.
4*Reading extrudere. M. suggests: obserare. The ms. has extruere.
4 The fourteenth (433), Seeck.
46 Cf. 7, 8: 3, 14, 15.
Given on the day before the ides of August: August 12. Received at Capua in the year of the consulship of Acindynus and
Proculus.-34o.
2.2 The same Augustuses to Leontius, Praetorian Prefect.

No person in the name of a count, tribune, provost, or
soldier shall extort from his host mattresses, wood, or oil,
nor shall he take any of the goods mentioned above if the
magistrates 3 or hosts are unwilling.' But Our provincials
shall be exempt from furnishing such supplies, and the
counts, tribunes, and certainly the provosts and soldiers
shall be subject to severe punishment.5
Given on the fifth day before the ides of October in the year of
the aforesaid consuls.-October 11, 340; 342.
3. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Abundantius, Stilicho, and the other Counts of
Both Branches of the Military Service.
No soldier shall demand anything from his host under
the title of extras;' that is, he shall not demand wood or
oil or mattresses.
Given on the fourth day before the kalends of August at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of the Most Noble Abundantius.-July
29, 393.7
4. Emperors Honorius and Theodosius Augustuses to Aurelianus, Praetorian Prefect for the second time.
No person who has been received into any home whatsoever for quartering shall persist in demanding oil and
wood. For Our bounty shall be sufficient for members of
the imperial service in this respect, and the taxpayers shall
always be subject only to the annual indiction.
Given on the sixth day before the ides of May in the year of the
seventh consulship of Theodosius Augustus and the consulship of
the Most Noble Palladius.-May 10, 416.
1CJ 12, 41.
J 12, 41, 1.
3 Apparently the local municipal magistrates.
4 Reading invitis.
6 If they should violate this law.
6 salgamum, literally, pickles; apparently soldiers' slang for any
kind of extras, either services or supplies, which they obtained,
usually by extortion, from the persons in whose houses they were
quartered.
7 7, 4, I8.
[ 168 ]
Leave of Absence
7-12*2
TITLE 10: NO PERSON SHALL LODGE IN AN

IMPERIAL PALACE (NE QUIS IN PALATIIS
MANEAT)
or of minor counts. But these councils and municipalities

shall know that this service is granted only to counts with
the rank of Illustrious3 and to masters of soldiers, if they
should so wish.
i. Emperors Arcadius, Honorius, and Theodosius Augus-
Given on the fifth day before the kalends of December at Constantinople in the year of the sixth consulship of Arcadius Augustus
and the consulship of the Most Noble Probus.-November 27, 406.
tuses to Anthemius, Praetorian Prefect.

No person shall have the privilege of lodging in Our
palaces in any municipality or halting-place' whatsoever.
Governors2 of the provinces and vicars of the Illustrious
prefectures throughout the dioceses to which they have
been assigned shall have the responsibility of keeping the
sacred imperial residences free from the usurpation of
those travelers who have been accustomed to lodge in them.
Also by the provision of the aforesaid officials, none of
these residences shall be damaged through negligence or
deterioration.4
i. If this order should not be observed with all insistence, the vicars shall be stricken by a fine of thirty pounds,
the governors, both the consulars and those with the rank
of praeses5 by a fine of twenty pounds, and their office
staffs by the same amount. Decurions shall know that not
even they will be exempt from the fine.
2. Those persons also who with rash and wicked lawlessness appropriate for themselves lodging6 of this kind, if
they rely on some high rank or fortune, shall be subject to
a fine of twenty pounds of gold; those who are of humbler
fortune shall be exiled.
3. Of course, We judge it unnecessary to prohibit horses
that are not Ours' from the stables of Our palaces.
Given on the sixth day before the ides of July at Ankara (Ancyra)
in the year of the second consulship of Stilicho and the consulship
of Anthemius.-July 10, 405.

When judges ordinary8 are in municipalities remote from
the public highway," where there are no official governors'
residences, they shall have no fear of the law which was
issued about palaces,' 0 and they shall have the privilege of
lodging in these houses, even if they are called palaces.
Given on the ninth day before the kalends of December at Constantinople in the year of the seventh consulship of Honorius Augustus and the second consulship of Theodosius Augustus.-November 23, 407.
TITLE 11: BATHS SHALL NOT BE FURNISHED TO COUNTS AND TRIBUNES' (NE
COMITIBUS ET TRIBUNIS LAVACRA PRAESTENTUR)
1.' Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Praetorian Prefect.
We command, both by the severity of the original decree
and by this sacred imperial order which provides the same
penalty, that all disquietude shall be removed from the
municipal councils and municipalities, and they shall not be
compelled to heat any private baths for the use of tribunes

Although a law' was formerly issued which denied to
tribunes and counts of lower orders all license to exact
baths from the provincials, We learn that the dukes of the
Euphrates frontier have exacted a tremis5 a day for wood
and baths. i. We command, therefore, that the dukes of
the aforesaid frontier, since they have evidently taken such
money illegally for the past three years, shall restore it
twofold, and in the future such license for extortion shall
be checked by fear of the same penalty.
Given on the fifth day before the kalends of August at Constantinople in the year of the eleventh consulship of Honorius Augustus
and the second consulship of the Most Noble Constantius.-July
28, 417.
TITLE 12: LEAVE OF ABSENCE' (DE COMMEATU)

1.2 Emperor Constantine Augustus and the Caesar.
No provost, decurion," or tribune of the cohorts shall be
allowed in any manner to grant to any soldier leave to depart from camp and from his standards, or to those soldiers
even in places 4 where they are stationed on guard., i. If
any person should dare to act in violation of the law and,
contrary to Our interdict, should allow a soldier to go on
leave, and if at that time there should be no outbreak of
hostilities, then such officer shall be punished by deportation and confiscation of his property. But if there should
be an incursion of the barbarians and if any of the soldiers
should be absent at a time when they ought to be present
in camp and at their standards, capital punishment shall be
inflicted.
Given on the fourth day before the kalends of May in the year
of the consulship of Severus and Rufinus.-April 28, 323.6
Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius, Master of Offices.

If any person from the imperial bureaus or the imperial
secret service or even from the palatine office staffs, that
is, those palatines who are subject to the counts of the
sacred imperial largesses and the privy purse,8 should be
absent for a period of six months beyond the expiration of
his leave of absence or beyond the authority of his travel
permit on the public post, he shall be reduced to a lower
rank, and five of his associates of lower grade shall be advanced above him. A person who takes a leave9 of a year
2.'
2 rectores.
1 mansio, a post station.
3 Ordinarily called simply vicars, as the representatives of the
praetorian prefects.
4senium, old age.
5 praesides.
6mansio.
7 Reading non nostros, M.
9 agger, literally a high embankment, which was a prominent

feature of Roman road construction.
10 7, 10, I.
1 CJ 1, 47.
The highest rank in the later Roman empire, Glossary.

1I, I; CJ I, 47, I.
One third of a solidus.
47,
'-CJ 12, 42.

2 CJ 12, 42, 1.
3 Of the soldiers; not to be confused with a municipal councilor.
4 Reading his etiam in locis with the ms.
5 On the frontier as border militia.
6 7, 1, 1
7 6, 35, 14; 8, 8, 7; CJ
12, 42, 2.
8 sacrae et privatae remunerationes.
CJ
I, 47,
1.
9 vacatio.
E 169 J
Leave of
712*2
on his own authority, heedless of the order of the judge,"o
shall be demoted in rank below the next ten persons in the
imperial service after him. Then, if any person through indolence should fail to go to his own post for four years, he
shall be demoted below the next forty persons after him.
But if any person should not return after a period of four
years, he shall deservedly be removed from the official
registers of the imperial service.
Given on the kalends of October in the year of the consulship of
Ausonius and Olybriu.-October 1, 379; 378.
3.11 Emperors Arcadius and Honorius Augustuses to An-
dromachus, Prefect of the City.

(After other matters.) Those persons who impetrate a
temporary leave of absence, as often happens, shall not
take upon themselves any duty,1 2 and they shall not become
involved in the transactions of any persons. i. If any of
these persons, after the expiration of his leave of absence,
by delaying should violate the kindness'$ which had been
granted him, he shall not be able to engage in any activity
in the province, and he shall know that he must be held besides, by order of the governor' 4 of the province, to the
penalty of the law whereby remiss persons are punished by
reduction in their proper rank.
Given on the day before the nones of June at Milan in the year
of the consulship of Olybrius and Probinus.-June4 (July 6), 395.15
TITLE 13: RECRUITS' (DE TIRONIBUS)

i. Emperor Constantius Augustus to the Praetorian Pre-
Absence
Emperors Valentinian and Valens Augustuses to Fortunatianus.9
It is Our will that the estates of Our householdo shall
not be pressed to provide recruits in person throughout
those provinces in which recruits in person are demanded.
But We do permit Our estates1 0 to be required to make
money payments in provinces in which money instead of
men is demanded. Thus We shall compensate for the af oresaid concession by a fixed payment of revenues.
2.
Given on the day before the kalends of February at Marcianopolis

-January 31, 370.
The same Augustuses to Magnus, Vicar of the City
3."
of Rome.
The levy of soldiers shall be made from men at least five
feet seven inches tall by standard measure.
Given on the fifth day before the kalends of May in the year
of the consulship of Lupicinus and Jovinus.-April 27, 367.
4.12 The same Augustuses to Magnus, Vicar of the City
of Rome.
According to the decree"3 of the sainted Constantine,
Your Sincerity shall not permit those persons who avoid
active military service" by amputating their fingers to be
protected from such service by this mutilation of their
hands, since15 indeed, they may be of service in some part
of the State, even though they have voluntarily mutilated
themselves.
Given on the fifth day before the kalends of May in the year of
the consulship of Lupicinus and Jovinus.-April 27, 367.
fects. 2
(After other matters.) Whenever recruits are to be presented for service, they shall not be approved unless their
birth status is investigated in the presence of the decurions.
The assurance, however, shall be denied to3 the decurions
that any person who is avoiding imperial service' may perhaps escape the service by assuming the title of decurion.
Leaders, of the auxiliary shock troops shall not be granted
license to receive a recruit, of course, unless the judge
should first be informed and should write a reply as to
whether or not the recruit is a decurion." Recruits shall be
chosen for imperial service from their nineteenth year.7
5. The same Augustuses to Viventius, Praetorian Prefect

of Gaul.
If any person' should be found to have caused damage
to his body by cutting off his fingers to avoid the oaths of
military service, he shall be consumed in avenging flames,
and his master, if he should not prevent him, shall be
stricken by a severe penalty.
Given on the day before the nones of July in the year of the sixth
consulship of ConstantiusAugustus and the consulship of the Caesar.
tax" of his own tax assessment from the time when he

takes the oaths of military service. If he should complete
a five year period of service with loyal devotion, he shall
also satisfy the capitation tax' 9 of his wife by the merit of
his services. Of course, this rule must be observed, that
he shall exempt the woman whom he had joined to himself
in affection as wife and whom he testifies that he left behind in his former home, 2 0 but a woman who is rejected2 1
shall sustain the burden of the tax assessment.
-July
6, 353;8 November 24, 326.
1o judiciarium praeceptum. The exact nature of this judicial order

is not clear. It may be a command of the offender's superior or possibly of the governor of the province in which the offender is loitering. Cf. 7, 12, 3.
1 7, 12, 2.
12 necessitas, a compulsory public service.
13 beneficium, special grant of imperial favor.
15 2, 12, 6; 8, 8, 7.
1 CJ 12, 43.
2 The abbreviation of the ms. may be for the singular or the

plural of Praetorian Prefect.
3 Or: Full confidence shall be denied the decurions, lest any
person ...
4 militia, for militia armatahere.
5duces, dukes.
6 The reason for this stipulation was that cavalry duty was easier
and more popular than regular legionary service, G.
7 When they are eighteen years of age. Cf. 12, I, 58.
8 6, 27, 1.
Given on the sixth day before the kalends of May at Trier in

the year of the consulship of Valentinian and Valens Augustuses.
-April 26, 368; 370; 373.
6.17 The same Augustuses to Modestus, Praetorian Prefect.

If any person should be presented as a recruit who is
entered on the tax lists,18 he shall thus satisfy the capitation
9 Count of the Privy Purse.

10 domus nostra, the privy purse or the imperial private domain.
14 castra.
137, 22, 1.
12 7, 13, 3.
11 7, 13, 4.
15
Or: if, indeed they may be of service.
16 Apparently a colonus, since he has a master.

17 CJ 12, 43, 1. Valentinian, Valens, and Gratian Augustuses.
1s censibus insertus.
19 caput, capitatio, capitation tax. In these cases it apparently represents the entire tax to which such persons were liable.
20 Or: that the woman whom he had joined to himself in affection
as wife and whom he testifies that he had left behind in her former
home shall be rejected and shall sustain the burden of the tax list, G.
21 improbata, unproved, or disproved, to be his lawful wife.
E 170
Recruits
vagrant 22
i. No person shall be able to present a

or a
veteran" as a recruit, since such persons are invited individually to voluntary service by the benefits of the exemption above stated. For We order the benefits of the law to
be valid in the case of those persons who offer as recruits
natives of their province and persons reared within the
boundaries of their province, or those enrolled on the tax
lists or in their own group of supernumeraries. For it is
not fitting for a man to enjoy exemption who scorns the
status of a future suit2'4 by the futile offer of a vagrant or
a fugitive or the son of a veteran.
2. We decree that this measure shall be enforced to this
extent, that the quota of men offered 25 as recruits shall be
filled first of all from the supernumeraries; if this supply
should not be adequate to meet the need and if the quota
offered cannot be filled from the recruits,2 6 then finally
those men shall be taken from the public tax lists2 7 who
are in excess. 2 8
Given on the fourteenth day before the kalends of October at
Hierapolis in the year of the consulship of Valentinian Augustus
and the third consulship of Valens Augustus.-September 18, 370.

The furnishing of recruits shall be placed upon the resources of patrimonies rather than among the compulsory
public services of persons. The services of the office for
collection of commutation money for recruits 29 which feeds
on the vitals of the provinces, shall be eradicated from its
lowest roots, as the saying goes. i. For among other vices,
these two We deem especially intolerable, namely, that a
huge amount of gold is often demanded instead of men
and that the purchase price of foreignersso for recruits is
estimated more exorbitantly than is fitting. ia. Against such
practices, of course, We have devised an easy and advantageous method of collecting the tax, in which no person can be exempted, as previously men were customarily
released from service" by special privilege, and no person
who should be relieved can be consigned to a perpetual
burden.
ib. (i) Similarly, We designate also that only that person shall be separated from his tax associates 2 whose taxable property" is so great that he cannot receive an associate, since for his own part" such a person himself can
be solely responsible for supplying a recruit. Ic. But among
taxpayers who are constrained to unite because of their
small landholdings, alternation of years of service performed and of supplying a recruit shall be observed" in
such a way that Senators and others, of course, who give
22
vagus, a deserter who had wandered into a distant province, G.
23 veteranus, here seems to mean the son of a veteran, M.

24
For unpaid recruit taxes. M. suggests: begrudges the status.
25 Euphemistic term for a levy by the State.

26 minores.
27 The coloni.
28 Of the necessary minimum tax list.
29 Reading prototypia.
80
advenae, immigrants, non-residents of any given province, who
were purchased as recruits by persons who had no sons or coloni,
Given on the fourth day before the nones of June at Antioch in

the year after the third consulship of Gratian Augustus and the
consulship of the Most Noble Equitius.-lune 2, 375.
8. Emperors Gratian, Valentinian, and Theodosius Augustuses: an Edict to the Provincials.

We decree that no slave shall be given for enlistment in
the excellent squadrons44 of Our choice soldiers, nor a person brought from an inn or from the service of notorious
taverns or taken from the class of cooks or of breadmakers,
nor also from the class which is excluded from military
service by the disgracefulness of its occupation, nor persons drawn from the workhouses. i. For taxpayers45 shall
not escape the penalty of a heavy fine by any excuse, if
capitatio, capitation tax, personal tax assessment.
8sconjuncti.
9 From his tax associates.
40 7, 13, 6.
41 comitatenses numeri, possibly comitatenses et numeri.
42 capitationes, taxable units, tax assessments.
86
7 socii.
NV 31.
From the necessity of paying recruit taxes.

consortes. Often several taxpayers with small tax assessments
were grouped together to furnish one recruit.
38 jugatio, land tax unit.
4
pro suo numero, apparently referring to the amount of his taxable property.
35 Such tax associates shall take turns in supplying a recruit.
81
32
7-13-8
a recruit the first year in their own name and that of their
tax associate shall be considered exempt from the following
payment, and they shall be succeeded in supplying a recruit by those associates who had been relieved from the
demand for such recruit on the previous occasion. id. This
procedure shall be observed when men are demanded; but
when gold is to be paid instead of recruits, each person
shall pay the sum due in proportion to the measure of his
own tax assessment.86
2. So that no doubt may be left, We designate also the
number of solidi which must be paid to the collector of
commutation money for recruits. Thus if a senator, dignitary, chief decurion, decurion or plebeian is going to furnish
a recruit from his own land and his own house in his own
name and that of his tax associates," he shall know that he
will receive solidi from his partners" and that the amount
of the entire price shall total only thirty-six solidi. When
the portion which is his proper share has been deducted, he
shall receive the rest," but he shall supply six solidi for
clothing and expenses to the recruit.
3. When persons are going to enter military service, their
devotion is more easily stimulated by special privileges that
are granted to them. All persons, of course, who take the
oaths of military service shall immediately be exempt from
their own capitation taxes40 from the year in which they
were attached to their service units, provided only that they
remain steadfast in the task which they assumed. 4. When
they have completed five year terms of service, they shall
also satisfy the capitation taxes"' of their fathers, their
mothers, and their wives, on the basis of their services, if
they have been attached to the ranks of the field troops.4 '
But if they were stationed as shock troops and auxiliaries
in the river patrol, they shall exempt only their wives, along
with their own capitation tax, after a period of five years,6
as We have said, if, however, it is proved that they are enrolled on the tax lists. Because the public welfare also must
be considered, in order that the number of capitation tax
payments4 2 listed may not be diminished under this indulgence, We order that other men, selected from those not
listed in the tax registers43 and from the supernumeraries
shall be substituted for those who have been protected from
taxes by military service.
43 incensiti; 10, 23,
1.
turmae, ordinarily cavalry squadrons, but it came to be used

loosely of any kind of organized troops.
45 Who are obligated to furnish recruits.
4
171
Recruits
7-13-8
they should be reported guilty of this offense by the inf ormation of any person to the Illustrious masters of the horse
and foot. But not only shall a stern sentence condemn the
taxpayer who offered such a recruit, but he shall also be
burdened with supplying three worthier recruits.
Given46 on the fourth day before the kalends of February at

Constantinople in the year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-January
29, 380.
cruits into the army. For this reason We permit not even
Our patrimony to be exempt from the present payment."'
i. Through all the provinces, therefore, through which Our
property extends, it is Our will that recruits be furnished
from the sacred imperial patrimony with the proper expedition.
Given on the fifteenth day before the kalends of July at Milan in
the year of the consulship of the Most Noble Caesarius and Atticus.
-June

Our Clemency decrees that replacement troops for the
service units shall be obtained from suitable regions. We
order that chosen men and those free from every suspicion
of corruption be dispatched for this purpose.47 I. If these
men should conduct themselves improperly, We announce
that in their correction there shall be a sentence that is not
mild and a penalty that is severe. The judges shall receive
the extreme penalty of the loss of their legal status, and an
inexpiable revenge shall unquestionably overtake them. The
penalty shall not be tempered even for the provincials that
are induced to undertake such office and service by the richness of the loot and the abundance of the money to be obtained, or by pretended fear.48
Posted on the sixth day before the kalends of May at Antioch
in the year of the fifth consulship of GratianAugustus and the first
consulship of Theodosius Augustus.-April 26, 38o.-4
io. The same Augustuses to Eutropius, Praetorian Prefect.

If any person by the disgraceful amputation of his
fingers should evade the use of arms,50 he shall not escape
that service which he seeks to avoid, but he shall be branded
with a stigma, and he shall perform military service imposed as a labor, since he declined it as an honor. i. The
option shall be unalterably decreed for the provincials, who
because of such audacity in those persons often suffer a
shortage of the recruits whom they have to supply, that
when recruits begin to be demanded from them in common
at the time when the levy is being made, they may furnish
two mutilated recruits for one whole one, by the direction
of Your Eminence.
Given on the nones of September at Adrianople in the year of
the consulship of Eucherius and Syagrius.-September 5, 381.
If any person should consider that a slave belonging to

another person may be offered as a military recruit, and if
the offender is convicted and discovered,5 2 he shall be compelled to pay a pound of gold to Our treasury.
Given on the ides of May at the Metropolis of Tyre:53 May r5.

Posted at Beirut in the year of the consulship of Antonius and
Syagrius.-382.
12. Emperors Arcadius and Honorius Augustuses to Hyperechius, Count of the Privy Purse.
The public welfare recommends that We conscript re4 Posted, since Theodosius was at Thessalonica on this date, M.
47 Of selecting recruits.
4 The provincials were often induced by bribery to connive with
corrupt officials, but they were also often intimidated. The exact
nature of the corruption is not here indicated. G. thinks that it is
collusive agreements for the payment of exorbitant prices for recruits. Cf. 7, 16, n. 10.
49 7, 18, 3.
o Or: fingers defrauds the State by thus evading the use.
51 CJ 12, 43, 2.
52 A hysteron proteron.
s An edict sent to Tyre and transmitted to Beirut where it was
posted.
17, 397.
13.55 The same Augustuses to Theodorus, Praetorian Prefect.

Our Clemency assents to the petitions of the Most August Order56 that money may be paid instead of recruits.
i. We grant, therefore, the option that the Senate may have
the power to choose the method which seems advantageous
to it, that is, they may either furnish recruits suitable for
military duties or they may pay twenty-five solidi for each
recruit, after, of course, they have assumed the account of
the expenses incurred for his clothing and food. 2. But if
the Senators should prefer to pay gold, it shall be delivered
at once to Our treasury.
Given on the eighth day before the kalends of October at Padua
in the year of the consulship of the Most Noble Caesarius and
Atticus.-September 24, 397.
14. The same Augustuses to Minervius, Count of the Privy

Purse.
The merits of the Eternal City have caused the will of
the Most August Senate to be revered by Us. We order,
therefore, that instead of recruits demanded in person,
money may be paid by this Most August Order. i. This
regulation We order to be observed in the estates of Our
privy purse5 7 also5 8 that are held by permanent lease.
Given on the day before the ides of November in the year of the
consulship of Caesarius and Atticus.-November r2, 397.
59
15. The same Augustuses to Decius, Prefect of the City.
Only those persons shall be constrained to furnish recruits who have evidently attained their statutoryo rank by
special grants of imperial favor and not those who are supported by privileges duly earned by service. 6 '
Given on the eighth day before the ides of December at Ravenna

in the year of the fifth consulship of Arcadius and Honorius Augustuses.-December 6, 402.
gustuses to the Provincials.

In the matter of defense against hostile attacks, 3 We
order that consideration be given not only to the legal
status64 of soldiers, but also to their physical strength. Although We believe that freeborn persons are aroused by
love of country, We exhort slaves6 5 also, by the authority
of this edict, that as soon as possible they shall offer themselves for the labors of war, and if they receive their arms
as men fit for military service, they shall obtain the reward
54
Or: payment of recruits in person.
Symmachus, Epist. 6, 12.

56 The Senate.
Nostra res.
58 Or: even those.
5 And Theodosius Augustus.
60 That is, honorary.
61 As distinguished from honorary privileges granted by the Emperor.
62 7, 13, 17.
63 At this time the Roman Empire was gradually crumbling from
the attacks of the barbarians, n. 72.
64 persona.
65 In violation of long established Roman custom. Cf. 7, 13, 8.
55
57
172
Border Fortress Soldiers

of freedom, and they shall also receive two solidi each for
travel money.6 6 Especially, of course, do We urge this
service upon the slaves of those persons who are retained
in the armed imperial service, and likewise upon the slaves
of federated allies" and of conquered peoples,68 since it is
evident that they are making war69 also along with their
masters.
Given on the fifteenth7o day before the kalends of May at Ravenna
in the year of the sixth consulship of Arcadius Augustus and the
consulship of the Most Noble Probus.-April i7 (February 15),
406.
7."
The same Augustuses to the Provincials.
On account of Our imminent necessities,7 2 by this edict

We summon to military service all men who are aroused by
the innate spirit of freedom. i. Freeborn persons, therefore,
who take arms under the auspices of military service for
love of peace and of country shall know that they will receive ten solidi each from Our imperial treasury when affairs have been adjusted ;7 however, We order that three
solidi of the aforesaid sum be paid each man now. For We
believe that the best soldiers will be those whose courage
and concern for the public welfare have brought them forward for the present needs.
Given on thirteenth74 day before the kalends of May at Ravenna
consulship of Probus.-April r9 (February 15), 406.
18.75 The same Augustuses to Stilicho, Count and Master

of Soldiers.
We decree that those persons who have arrived at the
office of tribune or provost by the prerogative of military
service must be considered exempt from furnishing recruits, either those which were demanded recently in money
from dignitaries for a particular crisis of affairs or those
which may be demanded in any other such levy which may
be made at any time for reasons of state.
Given"8 on the eleventh day before the kalends of April in the

year of the fourth consulship of Honorius Augustus and the second
consulship of Theodosius Augustus.-March 22, 407.
J9." Emperors Honorius and Theodosius Augustuses to
the Count of the Sacred Imperial Largesses.
Recruits among the scholarians shall always be enrolled
in the lowest place on the lists. For We do not permit any
person to attain a higher grade unless he is supported by
assiduity in his work and the number of his terms of
service.
Given on the seventh day before the kalends of December at

Ravenna in the year of the consulship of Bassus and Philippus.November 25, 408.
The same Augustuses to Macedonius, Count of the

Privy Purse.
We demand recruits estimated at thirty solidi each from
20.
66 pulveraticum, often interpreted as a gratuity or pourboire.

67 foederati. Such barbarians formed an increasingly large part of
the Roman army. See Glossary.

68 dediticii. These also were barbarians.
69 Or: they are involved in war.
70
The thirteenth, M.
71
7, 13, 16.
This was a time of great national crisis when the survival of

the Roman empire was in doubt, n. 63.
73 rebus paratis. When the Romans have defeated their enemies
and the existing confusion has been removed. rebus patratis, M.
74 The fifteenth, M.
75 7, 20, 13.
76 Apparently at Rome. Cf. 7, 20, 13.
7 CJ 12, 43, 3.
7*14*1
all the office staffs of the judges of Africa, according to the
precedent of previous times. At the same time, We make
this demand also of dignitaries of the aforesaid provinces,
and also of Sardinia, Sicily, and Corsica. i. Of course,
those dignitaries78 shall be exempt from these levies upon
whom a compulsory public service has been imposed at the
present time or who have been driven out by the devastation of the barbarians, 79 either in the territory of Italy
or that of the City.so
Given on the sixth day before the ides of February at Ravenna
in the year of the consulship of the Most Noble Varanes.81-February 8, 410.

If procurators should suppose that they should harbor
fugitives at the time of their recruitment and should not
voluntarily produce them, they shall be brought into court
and shall be compelled to undergo the same penalties as
rebels and violators of imperial decrees.
Given on the third day before the kalends of February in the year
of the seventh consulship of Theodosius Augustus and the consulship of the Most Noble Palladius.-January30, 416; 403.82

Volusianus, Praetorian Prefect.
By this imperial command destined to endure forever,
We order that, in the matter of supplying recruits, the
same rule shall not apply to those who have held office as
civil priests of the Proconsular Province" as to those of
the other provinces. i. For indeed it is evident that this
province has been especially exempted from this duty, and
not unfairly, since it has leadership over all the provinces
in Africa and its civil priests are burdened by heavier expenses, in compensation for which this high position must
be exempt.8 4
in the year of the consulship of the Most Noble Felix and Taurus.
-February
26, 428.
TITLE 14: BORDER FORTRESS

(DE BURGARIIS)
SOLDIERS
1.1 Emperors Arcadius and Honorius Augustuses to Vincentius, Praetorian Prefect.

(After other matters.) It is Our will that the same regulations shall be observed in the case of border fortress soldiers as Our statute commands in the case of muledrivers, 2
and if any persons should dare, in Spain or in any place
whatsoever, to solicit 3 or to harbor border fortress troops,
they shall be held liable in the same way. A similar penalty
78 honores. Or: those persons shall be exempt from this burden, if.
7
At this time Alaric and the Visigoths were devastating Italy.
They entered and plundered Rome on August 24, 410, less than six
months later.
80 Rome.
81 The year after the consulship of the Most Noble Varanes,
Seeck, Regesten 73.
82 No other law issued to Hadrianus while Praetorian Prefect is
later than 414.
83 Africa.
84 From the burden of supplying recruits.
72
1 8, 5, 58.
2 It is interesting to note that the border fortress troops

were considered of the lowest class and of the same status as muledrivers
and the slave laborers in the imperial weaving works.
3 This practice was especially common among the great landholders, on account of the labor shortage, 7, 18.
E 173
Border Fortress Soldiers
7*14.1
shall constrain those persons who solicit or harbor persons

assigned to the manufacture of State clothing and who
solicit or harbor any of their wives or children, or who receive their peculia and any of that property which We discover to be in their possession.
Given on the eleventh4 day before the kalends of March at Milan

consulship of Eutychianus.-Februaryi9 (18), 398.
TITLE 15: BORDER LANDS (DE TERRIS LIMITANEIS)
tomed practice, in that he had fortified the shores and harbors by numerous guards so that there should be no access
to this part of the Empire for any person from the Eastern
Empire. i. We are disturbed by the injustice of this situation, and in order that the interchange of different commodities may not become too infrequent, We command by
this sanction that this pernicious guarding of shores and
harbors shall cease and that there shall be free opportunity
to go and come.
Given on the fourth day before the ides of December at Ravenna
in the year of the consulship of Bassus and Philippus.-December
1o,

Gaudentius, Vicar of Africa.
Whereas We have learned that the tracts of land which
had been granted by a benevolent provision of the ancients
to the barbarians' for the care and protection of the border
and of the border fortifications 2 are being held by some
other persons, if such persons are holding these lands because of their cupidity or desire, they shall know that they
must serve with zeal and labor in the care of the border
fortifications and in the protection of the border, just as did
those persons whom antiquity assigned to this task. Otherwise they shall know that these tracts of land must be transf erred either to the barbarians if they can be found, or certainly to veterans, not undeservedly, so that by the observance of this provision there may be no suggestion of fear
in any portion of the border fortification and the border.
Given on the third day before the kalends of May at Ravenna
third consulship of Theodosius Augustus.-April p9,409.
2.' The same Augustuses to Asclepiodotus, Praetorian Prefect and Consul Ordinary.
If any person should hold possession of the lands of the
border fortresses under any title whatsoever, he shall withdraw and abandon such property, because it is lawful that
the territories of the fortresses be possessed only by those
persons to whom they have been assigned and about whom
antiquity has decided. i. If, furthermore, any person of
civilian status 4 or any person not a garrison soldiero should
be discovered as an unauthorized holder 6 of property in
these places, he shall be stricken by capital punishment together with confiscation of his goods.
Given on the nones of March at Constantinople in the year of
the consulship of Asclepiodotus and Marinianus.-March7, 423.
TITLE 16: CUSTODY OF SEACOASTS AND

HIGHWAYS' (DE LITORUM ET ITINERUM
CUSTODIA)

The public enemy Stilicho 2 devised a new and unaccus4 The twelfth in 8, 5, 58.
1 gentiles, the barbarians of which the Roman armies were incomposed, 7, 1, I, n. 4.
creasingly
2
fossatum, a ditch with the accompanying earth embankment.
5 castellanus miles.
4 privata condicio.
8 CJ ii, 6o, 2.
6 detentator.
1 CJ 12,
44.
One of the greatest Roman generals. By a palace intrigue he

was executed on a trumped up charge of treason in 408. His death
opened the way for the invasion of Italy by the Visigoths two years
2
4o8.3
The same Augustuses to Anthemius, Praetorian Prefect.

All naval bases, 5 harbors, shores, and all points of departure from the provinces, even remote places and islands,
shall be encircled and guarded by the skillful regulation of
Your Magnificence, so that no person may be able to infiltrate into the regions of Our Empire either by violence
or by stealth, either openly or secretly, who shall not either
be prevented by the barriers which have been interposed, or
who when he approaches, shall not be held immediately unless he should show in a very clear manner that he bears
sacred imperial letters from my uncle, Lord Honorius," to
Me. i. It must be observed with the same diligence that if
the intruder should say that he has messages from the af oresaid Emperor to any other person than Me, the bearer shall
be detained, and the sacred imperial letter, with all the documents, shall be sealed and transmitted to My Clemency.
For an occasion of tyrannical madness 7 and barbarous savagery persuades Us to this measure, which has been agreed
upon between Me and My Lord and uncle, Honorius, in
memoranda that We have exchanged with each other.
2.4
Given on the eiqhth day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Varanes.
-April 24, 410.
3.8 The same Augustuses to Eustathius, Praetorian Prefect.

We decree by this most beneficial sanction that no illicit
goods9 shall be exported to barbarian nations and that if
any ships should be sent out from any port or shore whatsoever, they shall sustain no extortion or losses.10 Official
records shall be made before the defender of the municipalityz1 and in the presence of a member of the imperial
bodyguard or a member of the ducal office staff12 who has
later, since Stilicho was the only general competent to defend the
Empire in this crisis.
3 10, 10, 25.
4 This constitution reinstituted the measures of Stilicho which had

been denounced and revoked in the preceding constitution, but it
was now too late, for Rome fell less than eight months later, when
it was captured by Alaric and his Visigothic hordes.
5
stationes navium.
6 The Emperor of the western part of the Empire. This constitution was issued from Constantinople, the capital of the eastern part
of the Empire, Min. Sen., n. 21.
7 This refers to the usurper, Attalus, who was placed on the
throne by Alaric. Any person who attempted to usurp the throne
was designated a tyrant; 7, 18, n. 46.
8 CJ 12, 44, 1.
9 Such contraband goods were chiefly those that might be used
in war. Cf. 9, 40, 24.
10 It was characteristic of the age that official bribery and extortion were rampant. The provisions of this constitution were clearly
inadequate to check this evil, since those persons who suffered extortion were so intimidated that it was impossible for them to testify
against their oppressors. Cf. 7, 13, 9, n. 48.
11 defensor locorum.
12 ducianus.
E 174 1
Deserters and Their Harborers

been assigned to that post, under this ruling, that masters
of ships and merchants shall depose in the official records
to what places they are going to sail and that they have not
suffered any extortion. The shipmaster or the merchant
shall keep the original of these records, and a copy shall
remain in the office of the defender of the municipality.
Constantinople in the year of the ninth consulship of Our Lord
Theodosius Augustus and the consulship of the one who is to be
announced.-September 18, 420.
TITLE 17: RIVER PATROL CRAFT ON THE

DANUBE' (DE LUSORIIS DANUVII)
i. Emperors Honorius and Theodosius Augustuses to Constans, Master of Soldiers throughout Thrace.
We decree that there shall be assigned to the Moesian2
border ninety river patrol craft- of recent construction and
that ten more shall be added to these by the repair of old
craft; and on the Scythian border, which is rather widespread and extensive, there shall be assigned one hundred
ten such new craft, with fifteen added by the restoration of
antiquated ones. The stipulation shall be observed that each
year hereafter by the renovation of old craft, four reconnaissance patrol craft4 and ten inshore patrol craft- shall be
constructed on the Moesian 2 border, but on the Scythian
border five reconnaissance patrol craft and twelve inshore
patrol craft shall be constructed entirely new. These shall
be equipped with all their weapons and supplies at the instance of the duke and shall be constructed on the responsibility of his office staff. With this supplement of reconstructed craft, the restoration of the entire number of craft
decreed shall be speedily completed within seven years, and
Your Sublimity, by your industry, shall arrange from what
sources the assembly and construction of these craft must
be procured.
i. We believe that this matter has been rightly ordered,
and We command that reports be made to Us. For if the
aforesaid number of river patrol craft should not be provided, together with all their equipment, the duke during
whose term of office this provision has been neglected shall
unquestionably be fined thirty pounds of gold, but his office
staff fifty pounds' of gold. The office staff of Your Sublimity also shall be subjected to a fine of fifty pounds of
gold if they should not report officially to the office of the
master of soldiers7 that the number for each year has been
completed, or at least that this number has been left unfinished because of neglect. 2. Nevertheless, the provision
shall be observed that when craft have been prepared for
the hazard of war according to the regulation of Your Excellency and they choose well fortified bases for spying out
conflicts or an opportunity for expeditions,8 only those
CJ I, 46, 4; Nov. Th. 24, I. The Danube at this time was the
frontier most subject to the attacks of the barbarians.
2 Mysiacus limes in the ms.
3 lusoriae.
4 judiciariae.
5 agrarienses.
6 Observe that the office staff is fined more heavily than the chief
official, since it was the responsibility of the various office staffs to
see to it that the law was enforced by their superiors, I, 6, 9, n. 33.
7 magisteria potestas.
8 M.'s text. This indicates the respective functions of the agrarienses and the judiciariae. Or: in their guard station for conflicts
they choose well fortified bases or (and) an opportunity for expeditions.
7-18-4
craft which have been made over from old ones shall be set
aside for transporting military supplies.9
Given on the fifth day before the kalends of February at Constantinople in the year of the fifth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.-lanuary 28, 412.
TITLE 18: DESERTERS AND THEIR HARBORERS' (DE DESERTORIBUS ET OCCULTATORIBUS EORUM)
i. Emperors Valentinian and Valens Augustuses: Two
Edicts2 to be published throughout Italy and the Alps.
If a deserter should be apprehended on the premises of
any person whatever and if such person is of plebeian and
lowly status,3 he shall know that he will be punished by the
penalty of labor in the mines. If, however, he should be a
person of some higher status4 or rank," he shall be informed
that he will be fined half of his property. i. The office staff
also of each and every judge shall be subject to this penalty, if perchance they should have in their group persons
who are proved to be deserters and should not produce
them.
Given on the seventh day before the kalends of April at Milan
-March 26, 365.
2. Emperors Gratian, Valentinian and Theodosius Augustuses to Hesperius, Praetorian Prefect.

If a non-resident,6 either a person suitable for military
service or a person who has already been given as a recruit,7 should be in hiding on an estate, the overseer of the
estate shall be consumed by the supreme penalty of the
flames. i. Meanwhile, it shall be sufficient that We have
issued this regulation; for if the threat of punishment decreed against slaves" should not be effective enough, such a
threat intended to correct the crime shall then be decreed
against their masters.
Given on the sixth9 day before the nones of July at Aquileia in
the year of the consulship of the Most Noble AuXoniu.-July 2-5,
379.

If a collector of recruit taxes should produce a deserter,
he shall be relieved of the burden of collection of recruit
taxes for a period of two years.
Posted on the third day before the kalends of May at Antioch in
the year of the fifth consulship of Gratian Augustus and the first
consulship of Theodosius Augustus.-April 29 (26), 380.10
4.11 The same Augustuses to Syagrius, Praetorian Prefect.
If any person should harbor a deserter, he shall be fined

by the loss of the landholding on which the deserter was in
9 species annonaria, consisting chiefly of food supplies.
1 CJ 12, 45. For the solicitation of soldiers and deserters, cf. 7, 14,
n. 3.
2 The nature of these two edicts is uncertain. Perhaps one copy
of
this edict was intended for Italy and the other for the Alps. Possibly
the two provisions of this constitution are referred to. A third possibility is that only one of the two original edicts is here quoted.
3 condicio.
4 locus.
5 dignitas.
6 alienigena seems to refer to a non-resident of the province.
7 Apparently the recruit had deserted.
8 The overseers (actores) mentioned above.
9 The third in 13, I, II.
10 7, 13, 9.
11
12, 45, 1-4; 7, 13, 4.
7.18-4
hiding, and he shall have great fear of an even more severe

sentence. Furthermore, he' 2 shall have no doubt that his
overseer will be subjected to the flames, if, to the ruin of
his master, the overseer should perchance either foster the
crime by participation in it or disregard it by dissimulation.
i. But if a slave should surrender 3 such deserter, he shall
be given f reedom. If af reeborn person of moderate status14

should surrender such deserter, he shall gain immunity.'"
2. We are speaking not only of those persons who were recently enrolled under Our auspicious standards and who
feared the first stages of military service, but also of those
persons who are proved to have furnished disgraceful hiding places to their military service."'
3. Moreover, a person shall be considered a deserter if
he is absent from his standards in time of war. Any person
of this kind who comes forward voluntarily shall not fear
punishment for his previous crime. But if he should conceal himself with ignominious cowardice, he shall be arrested anywhere at all through aid of the person in whose
house he may be, while public officials" also stand guard
outside, he shall be surrendered to the severity of the judge,
and he shall meet an infamous death by the sword. 4. if,
moreover, a governor"" of a province should defer the proposed severity of the law, either because of favoritism or
connivance, he shall be subject to the loss of his patrimony
and of his official status,1 9 and the primates of his office
staff shall suffer capital punishment.
Posted on the ides of July at Rome, in the year of the sixth20
consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-July 13 (June r8), 38o.
5.21 The same Augustuses to Neoterius, Praetorian Prefect.

If any person perchance should receive a deserter on his
farm or in his house and should suffer him to hide for a long
time with him, the overseer or procurator of the place, 22 if
he should commit this act knowingly and deliberately, shall
be subjected to capital punishment. If the owner 2 s should be
an accomplice in this act, he shall be punished by loss of the
estate on which the deserter was in hiding.
Given on the seventeenth day before the kalends of February in
the year of the consulship of the Most Noble Eucherius and
Syagrius.-January i6, 381.
6. The same Augustuses to Severus, Praetorian Prefect. 24

We vindicate immediately the money value of deserters2 5
if it should be established that they deserted within the
space of a year's time, that is, in the very beginning of the
period after they were delivered as recruits. Of course, it
is the function of the foresight of persons who are constrained to such compulsory public service 26 to furnish per12
Or: you shall have no doubt, M.
13 prodere, deliver, report, betray.
mediocris locus.
15 From compulsory public services, including taxes.
16 Persons eligible for service who have thus escaped before their
enrollment.
17 oflicia publica, the apparitors or members of the office staff who
assisted in arresting criminals.
19 existimatio.
20 The manuscript reads sixth, but it was evidently the fifth consulship of Gratian.
21 CJ 12, 45, 1.
22 locus, estate.
28 dominus, master, owner, proprietor.
24 Prefect of the City, G., 6, 6, i.
25 The Emperor required the recruiting officers to make good the
loss if the recruits should desert.
26 That of furnishing recruits.
14
sons who will fight rather than habitual fugitives, as necessary replacements 27 to the army. i. But if the overseers
should commit the crime of harboring deserters, such crime
shall be punished by the flames. If the owner also should be
involved as an accomplice in such a crime, his estates which
harbored deserters shall be vindicated to Our sacred imperial patrimony, and the lot of a more grave ruin shall
implicate the owner.
Posted at Rome on the fourth day before the nones of April in the
year of the consulship of Antonius and Syagrius.-April 2, 382.
The same Augustuses to Constantianus,2 9 Vicar of the

Diocese of Pontus.
If any person should recall that he has deserters or brigandsso on his farm, unless he should report 3 them within six
months from the day on which this constitution was issued
or unless he should seize them and offer them to the severity of the judge, he shall know that if he is convicted of
connivance, the farm on which the aforesaid deserters could
afterwards be found shall be annexed to the resources of
Our fisc. i. But if perchance it should happen that the
aforesaid deserters or brigands are proved to have been in
hiding without the knowledge of the owner, after an equal
period of time established by law has been observed, the
overseers shall be condemned to capital punishment. It is
7.28
Our will that this regulation shall be observed also in the
case of overseers of Our property.

Given on the fourth day before the ides of July at Constantinople
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-July 12, 383.
8.81 The same Augustuses to Flavianus, Praetorian Prefect.

If any person should recognize as a deserter a person received by him or hiding on his property, and if he should
not, within two months from the day of the publication of
this edict, take care to institute a search, seize the deserter,
and present him to the judge ordinary, 32 and if he should
be detected in this crime, he shall incur the penalty of the
law according to the nature of his rank and personal
status. 3 ia. If indeed he should be of such legal status
that he may be subjected to corporal punishment, his property shall be preserved from confiscation in accordance with
the law, and he shall either be beaten with cudgels or con-
signed to hard labor in the public mines; at times the penalty shall extend farther and he shall be punished by the
exile of perpetual relegation. ib. But if, perchance, he
should be of such rank that he is exempted from corporal
punishment in consideration of his birth or rank, the full
authority of the sentence shall not be deferred, but for each
person34 whom he dared to keep and to harbor in violation
of Our interdict, he shall present ten recruits especially
suitable for military service, or he shall pay fifty pounds of
silver. i. But if the procurator of a landholding or an overseer or even a colonus should furnish a hiding place to a
deserter without the knowledge of his master and if he
should be detected in this crime, he shall be consigned to
capital punishment. Thus his sad example shall also deter
all other persons of similar guilty knowledge. A habitation
27 As the required quota.
28 7, I,
12.
29 The manuscript reads Constantine, an easy mistake for the less
usual name Constantianus. Cf. 8, 5, 42; II, 7, 12; 12, I, 44.
30 7, 1, I, n. 4.
31
9, 29, 2.
32 The civil governor of the province.

33 Reading pro qualitate ordinis atque personae.
3 caput.
[ 176 i
7-18-12

shall be left for such deserters only if they are clearly
shown by proofs to be unobligated,"5 since the fise had previously commuted them into money." 2. But unless Your
Excellent Authority or those men of such military rank as
to be able to pass sentence of capital punishment with respect to deserters should appear to be sojourning in an adjoining province, such deserters shall be brought before
the judges, where they shall be examined, subjected to the
necessary severity, and dispatched with an escort 7 to Your
Sincerity, through the administration of the judge ordinary,8 8 that is, by the office staff of the governor." (Etc.)
Given on the third day before the kalends of March in the year
of the second consulship of Merobaudes and the consulship of
Saturninus.-February27, 383; 391.40
9. Emperors Arcadius and Honorius Augustuses to the

People.
If any person should learn that a deserter is hiding in
his house or on his patrimonial estate or in any remote4 1
landholding whatsoever and one that is far separated from
him, he shall conduct such deserter immediately as a voluntary offering to those persons to whom has been assigned
the responsibility of searching out deserters, or if they
should happen to be absent, to the governor 39 of the province, and thus the producer of the deserter shall obtain
pardon for his crime, even though it be of long standing.
For at the expiration of four months after Our edict has
been published in the city in which each person lives, if any
person should be unwilling to obey the regulation of the
present command, this penalty shall be imposed upon him,
that the deserter who was harbored shall be routed out and
the author of the concealment shall be compelled to pay to
the fisc for each deserter, either two pounds of gold in addition to such deserter, or two recruits of strength and
stature suitable for military service, and he shall be debarred from all hope of defending himself.
i. Since We have learned that before they have become
associated with Our victorious eagles,4 2 many recruits depart, either to the places from which they were inducted or
wherever they please, and that other men, moreover, desert
who have been entered on the lists43 as beginners in military service, although they may not yet be said to have
served under Our standards, We command that if, after the
designated time, any recruit should be harbored, the harborer shall be heavily punished and compelled to pay to
Our fisc, besides the person harbored, two recruits or two
pounds of gold for each person harbored.
2. If any soldier should obtain a medical discharge44 or
To military service. The translation is conjectural.
38 The fisc has received the money value of the deserter.
37 prosecutio, recommendation, escort.
38 The civil governor.
8 rector.
40 Three constitutions were issued to Flavianus as Praetorian
Prefect (CIL 6, 2783) that are incorrectly dated in 382 and 383,
namely, 9, 40, 13, on August I8, 382; 7, 18, 8, on February 27, 383,
and 9, 29, 2, on February 27, 383. These constitutions were incorrectly inserted among the constitutions issued to Syagrius, 380August 30, 382 and Hypatius, April 13 (?) December 3, 382-May
7, 383. Hence the constitutions issued to Flavianus must be re3
ferred to his second praetorship, 391-392. Besides it is generally
agreed that 9, 40, 13 refers to the massacre of the Thessalonians by

Theodosius in 390, when Flavianus was Praetorian Prefect, M.
41 Reading abstrusa.
42 The eagles as the standards of the Roman army are famous.
Slitterarum initiati auspicio.
44 causariamissio, a discharge "for cause," usually sickness.
an honorable discharge,5 he shall be free from ill will and

from any fear of the penalty for desertion, even though he
obtained such discharge during the time of the tyrant,4"
provided only that it should appear that he had earned the
right to it either by completion of military service or by a
proved physical disability. 3. If any slave also should enter
military service and if he should be restored to his master
by the legal authority of the judge, he shall be kept by his
master without fear of the penalty of the law, if it is
proved that he was legally restored.
Given on the sixth day before the kalends of May at Milan in
third consulship of Honorius Augustus.-April 26, 396.
1o. The same Augustuses to Vincentius, Praetorian Pref ect of Gaul.

Members of the imperial bodyguard who have been dispatched to search out vagrants 7 throughout the provinces
shall cause no damage to landholders in detaining natives48
as fugitives. For this only is permitted to these officials,
namely, that they summon to the levy of recruits deserters,
sons of veterans, vagrants, and those persons whose birth
status consigns them to military service.
Given on the sixteenth day before the kalends of June at Milan
in the year of the consulship of the Most Noble Stilicho and
Aurelianus.-May 17, 400.
11.4 The same Augustuses and Theodosius Augustus to
If any deserters should be apprehended while wandering
about in the province, it is Our will that they shall be
seized at once and brought before the judge. When they
have been given a hearing and have confessed to the crime
of desertion, they shall be consigned to the custody of
prison. Their names, with their confessions appended, shall
be referred to Your Sublimity, so that the masters of soldiers may be informed and may determine, in accordance
with their authority, what shall be done about these deserters. i. But if, when such deserters are found, they
should suppose that they ought to resist and hold out with
arms, they shall be crushed as rebels in the very attempt of
such rash lawlessness. The judges of the provinces shall
conduct their investigations with meticulous care, so that
deserters may not attempt to defend themselves against the
charge of desertion by the use of forged post warrants with
subsistence"0 and that they may not have the opportunity to
escape through supposititious and forged letters. 2. A harborer of deserters shall also be punished very severely according to the laws which have been promulgated.
Given on the sixth day before the kalends of March at Ravenna

in the year of the first consulship of Theodosius Augustus and the
consulship of Rumoridus.-February 24, 403.
The same Augustuses to Hadrianus, Praetorian Prefect.

If any person should receive on his landed estate a soldier who is a fugitive and deserter from camp, and if he
should not report him or seize and present him to the
12.51
4 honesta missio, that is, before completing his full term of

service.
46 Eugenius, who was defeated and executed in 394. To the Roman
Emperors, any person was a tyrant who attempted to usurp the imperial power, 7, 16, n. 7.
7 vagi, usually deserters who had wandered into another province.
48 indigenae, natives of the province.
4
CJ
12,
45,2.
50 tractoriae.
E 177 i
s5 7,
18, 7.
7-18-12
Deserters and
severity of the judicial52 power, he shall know that if he
should be convicted of connivance, the farm on which the
aforesaid deserter could later be found will be annexed to
the resources of Our fisc. i. But if by chance it should happen that the deserter was living on a landed estate without
the knowledge of the owner,53 We decree that the farm
shall be freed from the bonds of this law and the overseer
who was an accomplice in the crime shall be condemned to
a severe punishment. It is Our will that this provision shall
be observed also in the case of overseers of the estates of
Our own household.
Given on the eighth day before the kalends of August at Ravenna
consulship of Rumoridus.-July 25, 403.
The same Augustuses to Hadrianus, Praetorian Prefect.

We decree that deserters must be detained by all possible
means. All provincials, therefore, shall know that they are
granted the right to overpower deserters, and in order that
deserters may have no delay of punishment as a solace, We
order that punishment shall be swift everywhere. i. This
regulation shall be brought to the notice of the primates of
the cities,5" villages, and fortresses, that they may know
that harborers of such deserters will be subjected to the
penalty which was established by the laws of Our sainted
father.56
13."
Given on the sixth day before the nones of October in the year
of the first consulship of Theodosius Augustus and the consulship of
Rumoridus.-October 2, 403.
14."5 The same Augustuses to Hadrianus, Praetorian Prefect.

We grant by law to provincials the right to overpower
deserters, and if the deserters should dare to resist, We
order that punishment be swift everywhere. All persons
shall know that, in defense of the common peace, they are
granted this right to administer public vengeance against
public brigands18 and deserters from military service.
i. This condition, however, shall be observed, that the
punishment shall not be inflicted in the case of those recruits who are being collected at the present time for the
last indiction,"9 because they must be restored by the provincials,60 within the time prescribed by law, to those
standards for which they had been destined. In this way the
landholders"- shall not suffer the loss of replacing those recruits who have fled from military service when they had
scarcely been initiated into it. 2. But just as We have patience with such recruits, so We order that all who deserted the camp and military service prior to the aforesaid
indiction" and to the other special privileges granted by
this sanction shall be subject to condemnation. It is Our
will that harborers of these deserters shall be held liable to
the penalty which was established by the laws of Our
sainted father."
Or possibly gubernatorial.
5 dominus, master, owner.
7, 18, 14; CJ 3, 27, 2.
55The chief decurions.
56 Theodosius the Great; 7, 18, 5 and 7.
52
5
57 7, 18, 13;
CJ
3, 27, 2.
58 7, 1,
60
of the first consulship of Our Lord Theodosius Augustus and the
consulship of the Most Noble Rumoridus.-October 2, 403.
15.2 The same Augustuses to Longinianus, Praetorian
Prefect.
Persons who desert military camps and turn to depredations or brigandage shall not escape the severity of the
State.
Given on the ninth day before the kalends of April at Ravenna
consulship of the Most Noble Probus.-March 24, 406.

Gaiso, Count and Master of Soldiers."
If any person should spend a year without any leave of
absence in his own home or in any place whatsoever in
slothful ease, he shall be demoted below his next ten inferiors. A person in whom such an offense should be detected for a two year period shall regret deeply to see
twenty persons placed above him in rank. If a person should
be absent for three years, he shall weep because thirty persons are rightfully placed ahead of him. If he should be
absent for four years, he shall be removed from the official
registers and shall be granted no pardon. (Etc.)
Given on the day before the ides of June at Ravenna in the year
after the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-June 12, 413.65
17. The same Augustuses to Constantius, Master of Sol-
diers.
We order that all the tribunes who have assumed the
duty of searching out vagrants" and deserters throughout
Africa shall be removed, that they may not devastate the
province under a pretext of this kind. i. In the future,
moreover, We decree that this unholy title and office must
not exist at all throughout Africa, and if any person should
attempt to aspire to the forbidden rank of this office for the
sake of plunder, he shall be subjected to the severity of
capital punishment.
Given on the day before the kalends of March at Ravenna in
the year of the ninth consulship of Honorius Augustus and the fifth
consulship of Theodosius Augustus.-February 29, 412.
TITLE 19: THE SATURIANS AND THE SUBAFRENSIANS AND THEIR HARBORERS 1 (DE
SATURIANIS ET SUBAFRENSIBUS ET OCCULTATORIBUS EORUM)
We have stamped out the conspiracy of the Saturians
with armed force, as was fitting. But in many cases,2 to
avoid the imminent penalty, they have betaken themselves
to various places of concealment. Persons who harbor them
shall know that they will be subjected to this severity,
namely, that those landholdings on which they have established hiding places shall be added to the property' of Our
CJ 12, 45, 3.
s CJ 12, 42, 3.
64 Possibly master of offices. Cf. 9, 35, II.
62 7, I, I;
65
The date may be
412.
1.
for last year. (September I, 402-September I, 403).

The provincials are apparently burdened with the expense of
capturing these deserters.
61 possessores, who have been required to furnish these recruits as
part of their tax payment. Or: the landholders who restore recruits
shall not suffer loss on account of those who have fled, M.
59Or:
Their Harborers
1 No one has been able to identify the Saturians and Subafrensians, or the rebellion which is mentioned below. G. changes the
text to read Asturians, but this reading does not identify the conspiracy. Heumann-Seckel conjectures that they were African tribes.
2 But many of them, to avoid, M.
8 corpora, landholdings. Cf. 7, 18, n. I.
E: 178 :i
Veterans
fisc, if the harborers should not immediately, after the
authority' of this edict, deliver the concealed conspirators
to the penalty of the law.
I. The landholders shall be further informed that they
will be held subject to a similar condition if they should
provide for the harboring of any of the Subafrensians, who
joined the conspiracy of the Saturians. If any person,
therefore, should consider that a man of this kind should be
stealthily removed by means of hiding places, in violation
of the authority of Our salutary decree, he shall know that
he and the rebel are guilty of a common crime. If he should
be a person of such status that he cannot be fined by loss
of his property, he shall undergo capital punishment.,
2. Those persons, of course, may be assured that they
will not be free of the penalty if they have apprehended
the conspirators of such great crimes in any condition6
whatsoever, if they have permitted them to escape in silence,
and if they have not immediately in a public attestation
made known the places in which they were found.
3. We decree also that this shall be observed, namely,
that a diligent inspector shall be dispatched to those places
which were held by the aforesaid brigands and that he shall
offer 7 the lands first of all to the former owners, so that, if
they should desire to possess them, they may cultivate the
country districts which up to this time appear to have been
rendered unfruitful by the rash lawlessness of the aforesaid outlaws while they were in possession, and they8 shall
not mourn that the tillers of the lands have been taken
away and their households transferred in great numbers;9
or at least if the former owners should consider the lands
undesirable for themselves, they shall transfer them to
suitableo landholders, so that the payment of tribute will
be unimpaired.
Given on the thirteenth day before the kalends of August in the
year of the consulship of the Most Noble Theodorus.-July 20, 399.
TITLE 20: VETERANS' (DE VETERANIS)

i. Emperor Constantine Augustus to Florianus, Governor.2
We grant by edict definite privileges to the veterans who

have earned Our discharge after3 the fifth day before the
nones of July,4 when Our first victory' throughout Thrace
illumined the whole world, and to those who afterwards
earned discharges at Nicomedia. We grant them also the
privilege of inscribing these concessions on tablets6 or of
writing them in ink7 and white lead. i. Moreover, We are
sending the edict containing Our special grant of imperial
privilege to Your Devotion, so that Your Consecration" and
4 After the publication of this edict.
5 Capital punishment might be either death or loss of civil status,
that is, caput, legal status.
6 jus, right, property.
7 Or: grant, M.
8 The original owners.
9 Reading abunde with the manuscript.
10 Apparently the Emperor's primary interest is in maintaining
the payment of tribute undiminished.
3 Or: on, M.
praeses.
&July 3, CIL I, r, ed 2, p. 268.
5 The two victories mentioned were against Licinius, and established Constantine on the throne after the death of his rival.
6 Or: on bronze tablets, M.
7 Indicating a permanent record as
distinguished from waxen
tablets on which temporary records were made.
8 dicatio, apparently a synonym of devotio.
1 CJ 12, 46.
7*20-2
all other persons may know what We have granted to the

aforesaid veterans.
Posted on the fourth day before the ides of April in the year of
the fifth consulship of Licinius and the consulship of CrisPus
Caesar.9-April 10, 38; 324; 326.
2.10 The same Augustus."
When he had entered the imperial headquarters of the

army and had been saluted by the military prefects and
tribunes and by the Most Eminent men, the acclamation

arose: "Augustus Constantine! The gods 2 preserve you
for us! Your salvation is our salvation. In truth we speak,
on our oath we speak."
i. The assembled veterans cried out: "Constantine Augustus! To what purpose have we been made veterans if
we have no special grant of imperial privileges ?"
Constantine Augustus replied: "It is My duty the more
and more to increase the happiness of My fellow veterans's
rather than to diminish it."
2. Victorinus, a veteran, then said: "We pray that you
do not allow us to be compelled by law to perform compulsory public services and to bear grievous burdens in all
places."
Constantine Augustus replied: "Indicate more plainly.
What are the compulsory public services especially that
most persistently oppress you ?"
All the veterans said: "Surely, you yourself fully understand."
Constantine Augustus then proclaimed: "Be it known
that it has just now been conceded to all veterans by My
munificence that no one of them shall be compelled by law
to the performance of a compulsory municipal service' nor
to service on public works, nor to any tax payment, nor by
the magistrates," nor to any imposts.16 4. In whatsoever
public markets they may engage in business they shall not
be compelled to pay the market taxes. 7 5. The publicans18
also who are accustomed to extort exorbitant tax payments
from tradesmen shall be removed from the aforesaid veterans. After their labors the veterans shall forever enjoy
perpetual peace. 6.(i) By this same edict1 9 We have also
prohibited Our fisc from disturbing anyone at all of these
veterans, but they shall be allowed to buy and sell, so that
their special legal privileges may be cited in court2 0 with
full force, under the protection of the repose and peace of
Our generation, and their old age shall enjoy to the full
their leisure after their labors.
9 The third consulship of Crispus and Constantine Caesars (324),
since the battle of Adrianople was fought on the fifth day before
the nones of July, 323, and the war was ended at Adrianople in the
same year.
10 CJ 12, 46, 1.
11 Part of this inscription seems to have been lost. Observe the
brusque and dramatic introduction, characteristic of the style of
Constantine.
12 The soldiers are polytheistic pagans.
13 Constantine the politician is speaking. The Emperors did everything possible to maintain the good will of the soldiers on whom
their power ultimately depended.
14 munus civile.
16 vectigalia, special taxes, including tariffs, imposts, and taxes
on transportation.
17 proponenda, taxes paid by tradesmen for the right to sell
merchandise.
18 publicani, tax farmers,
19 epistula.
20 Reading proferantur. Keeping the manuscript
reading perfruantur, translate: they may enjoy their special legal privileges.
Or: privileges shall endure, under, M.
[ 179 1
Veterans
7*20-2
7. (2) "The decisive battles which their fathers fought2'

shall also protect the sons of veterans whom with special
anxiety We desire to prosper,2 2 in order that, if it should
be possible to prove that the sons are contumacious2 3 according to 24 the aforesaid veterans, the sons may not be
severely punished,2 5 in accordance with the following provisions of this edict, since, with all due justice and in accordance with My command, they shall be assigned for
service in the office staffs of the governors. 2 6
8. "Therefore, the soldiers of the rural police of the
cohort of each district and the parents of these boys shall
assume as their responsibility the desperate conduct of
these young men, and they shall provide measures to send
them up without any hesitation to the sanctity of My presence, so that they may be safe," when they have incurred
once for all2 the aforesaid penalties prescribed by this
edict of special legal privileges."
Given on the kalends of March in the municipality of the
Velovoci 29 in the year of the sixth consulship of Constantine Augustus and the consulship of Constantius Caesar.-March I, 320;
326.
3. The same Augustus to all Veterans.

In accordance with Our order, veterans shall receive
vacant30 lands, and they shall hold them tax exempt in perpetuity. To purchase necessary equipment for the land they
shall receive twenty-five thousand folles of money in cash,
a yoke of oxen, and a hundred measures of assorted grains.
i. If any veteran, moreover, should take pleasure in engaging in business, We permit him to have the sum of one
hundred folles tax exempt."
2. Except those veterans, therefore, who are settled in
their homes or in business, all of you who are unemployed32
and are engaged in no business should take advantage of
this assistance so that you may not suffer from want.
Given on the third day before the ides of October at Constantinople in the year of the sixth33 consulship of Constantine Augustus and the consulship of Constantius Caesar.-October13, 320;
326.
In the service of the Emperor.

As soldiers.
23 With respect to military service.
24 According to the statement of, or possibly, in comparison with.
25 deciro, decimate, kill every tenth man, severely punish.
26 officia praesidalia.This was considered a penalty, 7, 22, 6.
27 From further punishment. The translation and text are uncertain.
28 Reading semel has. Or: the decisive battles which aided their
fathers shall also protect . .. when they shall be brought before Me
by the office staffs of the governors with their commendable zeal
21
22
and in accordance .
. district shall provide for those who do wrong,
to the desperation of their parents . . . when they have incurred

suitable punishment, M.
29 The text is corrupt. No one has been able to identify this place.
Some scholars think that it was the city of the Bellovaci in Gaul,
but the Emperor Constantine was not in Gaul in 320, nor in 326,
when the constitution seems to be dated.
30 Abandoned or ownerless lands.
s1 Partly on account of the oppressive taxes, many farms were
abandoned. The Emperors made every effort to compel farmers to
remain on their lands and to force their return if they left their
farms and fled. The Emperors also exerted themselves to encourage
agriculture by offering special inducements to those persons who
would occupy and cultivate vacant lands. Thus veterans who engaged in farming were more highly favored than those who became
tradesmen.
32 Or: who lack land, M.
3 The seventh, Seeck.
34
4. The same Augustus to Maximus, Prefect of the City.
Field army troops, river patrol troops, and imperial bodyguards shall exempt from personal taxes their own persons," their fathers and mothers, and their wives, if they
should have these kinsmen surviving and if they have been
enrolled upon the tax lists. But if the soldiers should lack
any one of these persons or should have none of them, they

shall exempt, as their own peculium,36 only so much as they
would have been able to exempt for the aforesaid kinsmen
if such kinsmen were not lacking. They must not, however, make agreements with other persons whereby they
exempt the property of others by pretending to own it, but
they must exempt only their very own property.
i. We sanction, moreover, that veterans shall exempt
from taxes their own persons-5 as well as their wives, after
they have received letters of discharge37 earned by service.
If they should receive honorable discharges," they shall
exempt only their own persons." We command that all
other veterans from any army whatsoever, together with
their wives, shall enjoy exemption of one person"o each.
2. A veteran of the river patrol, moreover, who by a previous law'" enjoyed the exemption of one person" when
he had impetrated an honorable discharge after twenty-four
terms of service, even if he should earn his honorable discharge by the completion of twenty terms of service, shall
exempt one person, 40 just as is provided in the case of the
field army troops. Even if he should be discharged before
the completion of twenty terms of service, 4 2 he shall enjoy
the same special grant of imperial favor, since feeble and
disabled persons are not inscribed on the tax lists.43
3. Cavalry soldiers and infantry soldiers" shall exempt
their own persons as long as they are on active duty. Their
veterans also shall have the same compensations of exemption if they should obtain discharge at any time and in any
area.45 If a soldier should be discharged from the field
army troops because of old age or disability, regardless of
the number of terms of service, he shall exempt two persons," that is, himself and his wife. The river patrol shall
have the same privilege without distinction, if they should
prove that they have been discharged because of wounds
received in action. If any person should leave military
service after fifteen terms of service and before the completion of twenty-four years, he shall enjoy exemption
only of his own person.4 0 If a member of the river patrol
should be discharged after twenty-four years of service,
his wife must also be exempted.
Posted46 on the fifteenth day before the kalends of July at Antioch
in the year of the consulship of Paulinus and Julianus.-June17, 325.
5.4 The same Augustus to Maximus, Praetorian Prefect.

Provision must be made that veterans who have been
Vicar of the Orient, 12, 1, 10; 12, i, 12; 15, 12, 1; CJ 11, 50, 1.
3 capita, personal tax units.
36 Special property acquired in military service.
37 epistulae.
38 Before the expiration of their full terms of service.
3 We sanction .. . their own persons: an interpolation in contradiction with what follows, M.
34
40 caput,
n. 35.
41 Not extant.
Such a discharge would probably be granted because of physical

disability.
48 Even if . . tax lists: an interpolation, M.
4 alares, cohortales.
45 pars, branch of service.
46 Given, since Constantine was in the East at this time; 12, I, io.
42
47
1,
16, 4; CJ 12, 46, 2.
E 18o I
Veterans
honored with the high rank of imperial bodyguard or who
have attained various other honors by their own merits
shall not be arraigned on charges incongruous with their
rank,48 since if anyone should be apprehended in such a
crime,49 the governors50 of the provinces must refer the
matter to your court and dispatch the aforesaid parties to
your office, that the deed may be most easily punished according to its nature.
Given on the fourth day before the kalends of January at Trier
in the year of the consulship of Januarinus and Justus.-December
29,
328(f).51-
6. Emperor Constantius Augustus to Helpidius, Governor 52

of Pannonia.
All privileges granted to veterans who have served statutory terms of service shall be maintained in proportion as
each shall prove that he has served in competent services.
Immunity from the compulsory public services that are incumbent on persons and those of a corporal nature must be
granted to the aforesaid veterans.
Given on the eighth day before the kalends of July at Sirmium
in the year of the seventh consulship of Constantius Augustus and
the second consulship of Constans.-Iune 24, 342; 353.53
7." The same Augustus to Evagrius, Prefect of the City.

We learn that certain veterans, unworthy of that name,
are committing brigandage." We command, therefore, that
veterans of good character shall either till the fields or invest money in honorable business enterprises and buy and
sell goods. But capital punishment shall immediately rise
up against those veterans who neither cultivate the land nor
spend useful lives in business. For they must be stripped of
all special privileges if they should disturb the public peace,
and if they should commit the slightest delinquency, they
shall be subjected to all the penalties.
Given on the third day before the ides of August in the year of
the sixth consulship of Constantius Augustus and the second consulship of Constans.-August II, 353(f).56
8. Emperors Valentinian and Valens Augustuses to all the

Provincials.
We grant to all deserving veterans the right to choose
their legal residences, 57 and We promise them perpetual
exemption."
i. They shall have fields from the vacant" lands or from
other lands, wherever they choose, and they shall have them
under this condition, namely, that they shall know that the
income from the aforesaid fields will come to them only.
We shall demand no tribute"0 from these fields and no annual payment. We further add that We will supply both
animals and seeds for the cultivation of the aforesaid fields
as follows: A person who was discharged as an honorary
48 Or: shall not be assailed with unsuitable outrages.
9
Of arraigning members of the imperial bodyguard.

51
Constantine does not seem to have been at Trier on this date.
Cf. I, 16, 4 on date.
52 Consularis,the judge ordinary.

6 The third consulship of Constantius and the second of Constans
(342),
5
M.
CJ 12,
46, 3. Evagrius was Praetorian Prefect, Kr., CJ 2, 19, II.
5s 7, I, I.
Seeck conjectures 326 from the date of the Praetorian Prefecture of Evagrius and from a comparison of 7, 20, 3.
67 patria, municipality.
58 From taxes and other public burdens.
5 From abandoned and ownerless lands, n. 31.
60 stipendium.
56
7-20-11
member of the imperial bodyguard" shall receive two yoke

of oxen each and a hundred measures of each kind of
grain; others who received honorable or medical discharges 62 shall receive one yoke of oxen each and fifty
measures of each kind of grain. Suitable documents have
been dispatched to the competent judges in regard to furnishing these supplies. 2. If veterans should also take their
slaves and households to their farms, they shall possess
them tax exempt in perpetuity.
Given63 on the fifteenth day before the kalends of December at
Rome in the year of the consulship of the sainted Jovian and of
Varronianus.-November 17, 364.

to Dagalaiphus, Master of Soldiers.
We order that all injustices" shall be removed and that
Our veterans and their children shall be permitted to buy,
to sell, and to engage in business. According to the ancient
custom of Our Fathers, it is proper that veterans be exempt from all compulsory public services, from all payments of gold and silver, and also from payment of customs duties.
Given on the eighth day before the ides of December at Verona64
in the year of the consulship of Emperor Designate Gratian and of
Dagalaiphus.-December6, 366.
If any person should serve as provost of an armory or of

the fleet or of the laeti'6 or likewise if he should serve as
provost of the Roman largesses66 or as tribune of a cohort,
or if he should perhaps be in charge of those administrative
positions to which individuals do not come except with reliable persons as sureties, and if the aforesaid person should
be discovered neither to have served within the palace with
suitable service nor to have toiled in the armed imperial
service, he shall forfeit those special privileges which are
granted to soldiers and palatines.
Given on the tenth day before the kalends of January at Trier in
the year of the consulship of Emperor Designate Valentinian and of
Victor.-December 23, 369.
ii. The same Augustuses to Jovinus, Master of Soldiers.

Your Sincerity shall call to the attention of veterans by
this sanction that they shall cultivate, in so far as the resources of each one permit, neglected properties of absent
owners and lands rough from disuse and lack of attention,
secure in complete exemption from payment of any part of
the fruits thereof. i. For We decree that those persons
who plow the soil of abandoned land shall obtain the profits
of the produce without interference and without prejudice
from the owner, and that they shall pay nothing in the
name of money demanded for use of the land67 to those
persons who customarily lie in wait for the season of the
harvests.6 8
ex-protector, either an honorary member or an ex-member of
the imperial bodyguard.
62 honestae sive causariae missiones, 7, I8, 9, n.
44.
61
63 Posted, M.
64 One would
expect a place near Reims, G.
65 Barbarian coloni, or serfs.
66 The text is uncertain and probably corrupt. The manuscript

has r5m largitionum. Kr. conjectures si praeposituram legionis, or
if he should serve as provost of a Roman legion.
67 agraticum.
68 The owners of abandoned lands who would appear
at the time
of the harvest and claim part of the produce as payment for the use
of the land.
E 181 ]
Veterans
7*20-11
Given on the sixteenth day before the kalends of February in the

year of the fourth69 consulship of Valentinian and Valens Augustuses.-January 17, 368; 370.
12. Emperors Arcadius and Honorius Augustuses to Stilicho, Master of Both Branches of the Military Service.
Too many persons are being made veterans by testimonial letters70 obtained by fraud, although they have
never been soldiers, and some are deserting in the beginning
of their military service in the very flower of their age.
Therefore, if any laetus, 65 German,71 Sarmatian, vagrant, 7 2
or son of a veteran, or any person of any group 73 whatever
who is subject to draft and who ought to be enlisted in Our
most excellent legions should obtain a testimonial letter
conferring the rank of honorary imperial bodyguard 1 or
any high rank whatsoever, or if he should obtain those
testimonial letters that are sometimes granted on the authority of the counts, he shall be given training in the recruit camps, so that he may not hide away.
i. If any person, moreover, under the pretense of a discharge, should desert from his first term of service or from
a term not yet completed, as it should be, the privileges
which he has impetrated shall avail nothing, except in the
case of a person who perhaps is justified by the weakness
of advanced age or physical illness or the scars of wounds
gloriously won, as evidenced by a medical or an honorable
discharge,6 2 and provided only that he shall not be aided by
these benefits if he took them when he was of robust age
and sound body.
2. Since We have learned that many persons, either before their military service or after it has just begun but has
not been completed,74 are hiding under the pretext of religious devotion, while they are protecting themselves by
the title of clerics and are occupied in unholy obsequies for
the dead,' 5 attracted not so much by the service of their religion as by their love of leisure and indolence, We permit
no person at all to be exempted by such a pretext. We except those persons who are found to be broken by age, or
weak in body or unsightly because of smallness of stature,
and thus unworthy of the fellowship of heroic men.
3. Warning must also be given of the sanction that if any
decurion, commissary officer, guildsman, civil apparitor,7
or other such person should be bound by obligation to perform compulsory public services and should fulfill the
oaths of military service, he cannot be protected by the exemption gained by the terms of active military service that
he has performed.
those persons who arrive at the rank of tribune or provost

by corrupt solicitation and patronage and those who have
received high rank of this kind by toil, dangers, and the
completion of their regular order of military service. i. We
decree, therefore, that those persons shall be considered exempt from public obligations who have arrived at the rank
of tribune or provost by the prerogative of military service,
as is proper.
78
2. Counts of the soldiers, moreover, and dukes must be
warned to learn for themselves that the aforesaid persons
have been thus relieved and that nothing shall be demanded
from them on this account. We have dispatched like written
instructions about these matters to all the military judges.
Given on the eleventh day before the kalends of April at Rome in
the year of the eighth consulship of Honorius Augustus and the
third79 consulship of Theodosius Augustus.-March 22, 409; 407.
TITLE 21: HONORARY TRIBUNES AND IMPERIAL BODYGUARDS IN CONSEQUENCE

OF TESTIMONIAL LETTERS (DE TESTIMONIALI EX-TRIBUNIS ET PROTECTORIBUS)
Emperor Constantine' Augustus to Rufinus, Praetorian
Prefect.
It is intolerable that persons are stealing into titles of
military glory who have not seen a battle line, who have not
looked upon the standards, and who have not wielded arms.
i. If, therefore, any persons should produce letters granting them the rank of honorary imperial bodyguard or honorary provost or honorary tribune,2 they shall not have the
special grant of privilege which those persons earn who arrive at this rank in the order of military service and by
actual performance of the labor of bearing arms.
i.
Posted on the fourth day before the ides of August at Sirmium

in the year of the third consulship of Constantine Augustus and the
consulship of Licinius.-August 10, 313; 320.
2.' Emperor Constantius Augustus to the Praetorian Pre-
fects.
(After other matters.) If any civilian or decurion should
come by corrupt solicitation 4 to the honorary rank of imperial bodyguard, neither length of time nor terms of service shall be computed for him after the promulgation of
this law. We command that this rule shall be enforced also
in the case of those persons who come by corrupt solicitation to the rank of provost. (Etc.)
Given on the kalends of May in the year of the sixth consulship of
Constantius Augustus and the second consulship of Constans.-May
Given on the third day before the kalends of February at Milan

in the year of the consulship of the Most Noble Stilicho and Aure-
I, 353; November 24, 326.
lianus.-January30, 400.
3.5 Emperors Arcadius and Honorius Augustuses to Florentinus, Prefect of the City.
If any persons should obtain honorary discharges entitling them to the rank of honorary imperial bodyguards
or household guards,6 they shall retain such rank under this

Stilicho, Count and Master of Both Branches of the Military Service.
It is proper that there should be a distinction between
69 The second, G. Since Jovinus ended his office as Master of
Soldiers in 369, Amm. Marcell. 28, 3, 9, and since the other constitutions issued to him are dated 365 and 367, this constitution was
issued in 365 or 368, M.
70 testimoniales, 6, 22, 8, n. 28.
72 7, 13, n. 22.
71 Alamannus.
7 corpus, often meaning a guild.
74 Reading vel post inchoatam nec peractam.
75 Apparently the gravediggers mentioned in 13, I, I; 16, 2, 15.
76 civilis apparitor,a municipal apparitor?
" 7, 13, 15.
E 182
7
79
Or: counts and dukes of the borders, reading limitum.

The seventh consulship of Honorius and the second consulship
of Theodosius in 407, 7, 13, 18. Stilicho was murdered in 408, and
Honorius was not at Rome in 409, M.

1 G. attributes this constitution to Constantius in 352. Seeck assigns it to Constantine in 320. Cf. 2, 9, I, n. 3.
2 ex-protectore, ex-praeposito, ex-tribuno.
36,27, I; 8, 4,5; 8,7,4; 8,7,5; 8,7,6; 7, 13, 1; 12, 1, 14; 12, 1, 18.
All appear to be parts of the same original constitution.
4 7, 1, 7, n. 33.
6 ex-protectoribus aut
5 12, I, 153.
domesticis.
Sons of Soldiers, of Apparitors, and of Veterans

rule, namely, that the decurions among them shall not escape the municipal council nor the guildsmen' the service
due to their own cities; the tradesmen shall not be exempted
by the privilege of military service from payment in gold
of the established sum; and finally, no person shall protect
himself by the defense of such impetrated rank from the
duties of any office, military service, or guild. But the rule
shall remain in force, and he shall perform all the duties
which are demanded of him by his birth status" or by the
right of his own office.
i. In regard to their children also We decree that they
shall not evade the compulsory public service of their birth
status9 by the special privilege of a rank which was obtained by supplication.
2. We do not permit any of these regulations at any time
to be detrimental to the veterans of Our felicitous camps,
who have been f reed at times by an honorable discharge f or
bad health or by a laudable discharge f or wounds or by
completion of their terms of service under the standards.
third consulship of Honorius Augustus.-April 18, 396.

An equal severityo shall pursue those persons who have
obtained testimonial letters, not of their own merit but in
consideration of those who have supplicated Our Clemency
in their behalf. We do not, however, forbid such persons to
be in Our most sacred City" if they have established their
lares and domicile there.
Given on the tenth day before the kalends of December at Ravenna
in the year of the consulship of Bassus and Philippus.-November
22, 408.
TITLE 22: SONS OF MILITARY MEN, OF APPARITORS, AND OF VETERANS' (DE FILIIS
MILITARIUM, APPARITORUM, .ET VETERANORUM)
Emperor Constantine Augustus to Octavianus. 2
Of the veterans' sons who are fit for military service,
some indolently refuse to perform compulsory military
duties and others are so cowardly that they wish to evade
the necessity of military service by mutilation of their own
bodies. If they should be judged useless for military service
because their fingers have been cut off, We order them to
be assigned, without any ambiguity, to the performance of
the compulsory public services and duties of decurions.
i.
Given on the fourteenth day before the kalends of March at Sirmium: 3 February i6. Received on the seventh day before the ides of
April at Rhegium in the year of the fifth consulship of Constantine
Augustus and the consulship of Licinius Caesar.-April7, 319; 3I3.4
7 collegiati. Guildsmen were conscripted for various compulsory

services to their municipalities and to the Empire.
8 condicio nascendi.
" Origo, 7, I, 8, n. 38.
10 This law is a portion of an original constitution of which 9, 40,
2o and 9, 42, 22 are also parts. The obscurity of this law is the result of haste on the part of the Codification Commission and is
clarified by comparison with the other two laws.
17, I, 7, n. 33; 7, I, 8, n. 38. CJ 12, 47.
2 Governor (Corrector) of Lucania and Bruttium.
3 At Sirmio, Seeck, Regesten 55.
4 The third consulship of Constantine in 313, Seeck.
7-22*5
The same Augustus to Severus.5

We do not permit sons of veterans to be idle because of
special privileges granted to their parents, but by a proclamation posted throughout all the municipalities, We order
that they be sought out diligently and compelled to one of
two courses: either they shall submit to the compulsory
services of the decurionate or they shall perform military
service. The office staff of Your Devotion shall take care
that those who are approved 6 shall be of the age of twenty
to twenty-five years.
i. If, moreover, the sons of veterans who have sustained
military service in the cavalry should wish to be approved
as cavalrymen, they shall have that opportunity, if, when
they are enrolled, each of them is supplied with a suitable
horse for the aforesaid service. 2. If any son of a veteran
should have two horses or one suitable horse and one
slave, he shall serve with the rank of patrol, which rank is
conferred upon others only after service, and he shall receive two subsistence allowances. 7
3. Announcement shall be made, moreover, to the decurions of each municipality that they shall not hesitate to
call to the compulsory duties of decurions veterans' sons
who are of the aforesaid age, if they should be unwilling
to perform military service or if they should be found unsuitable for such service, provided, however, that they are
known to have an adequate patrimony. 4. If any of these
persons, moreover, should be willing to perform military
service and if they are unfit for cavalry service but lack any
defect of body and thus are recognized as suitable for
legionary service, they shall be delivered to an imperial
bodyguard, who has been sent for the purpose, to be escorted to Us.
2.
8
Given on the third day before the kalends of August at Aquileia
the consulship of Constantius Caesar.-July (March) 30, 326.
3.9 The same Augustus to Evagrius.

Sons of members of any office staffs whatever, whether
their fathers are still under oath of office or have already
been discharged from service, shall succeed into the station
of their fathers.
Given on the day before the nones10 of August in the year of the
consulship of Bassus and Ablavius.-August 4, 331.
4.-
The same Augustus to Leontius, Praetorian Prefect.
We formerly decreed that if any sons of veterans should

not be able to undergo the compulsory duty of military
service after the age of sixteen years 2 or if they should
not appear capable of bearing arms, they shall be delivered
to the municipal councils.s
Given on the third day before the ides of April in the year of the
consulship of Pacatianus and Hilarianus.-April II, 332;14 June
9, 343.
5. The same Augustus to Ablavius, Praetorian Prefect.

Sons of veterans or of those persons who have been provosts or members of the imperial bodyguard or of persons
6 For enlistment.
' Double the pay of a common soldier, Glossary.
8 April, since Severus was Prefect of the City January 4, 325November 12, 326, and it appears that Constantine was at Rome in
July, 326, G.; 9, 8, i.
9 CJ 12, 47, I. Evagrius was Praetorian Prefect, 12, I, 20.
10 The ides, 12, 1, 19-20.
11 12, 1, 35; 12, I, 89.
12 12, 1, 19.
13 For service as decurions.
12,
1,
35.
E 183 :i
Sons of Soldiers, of Apparitors, and of Veterans

7-22-5
who have held any other military rank whatsoever, if they
to such military service if they should be found in public
should be unhealthy and feeble, shall be assigned to the
office staffs or in the office of records, 22 or in the office of
municipal councils." In this way you shall attach and join
accounts. 2 3 For those persons who are deficient in physical
to the municipal councils such persons who rejoice in adestrength or in stature whereby they would be24 eligible
quate property" and yet are unsuited for military service.
for service in the field troops can be joined to the river
We also make the same regulation with reference to those
patrol troops.
Posted at Rome on the fifteenth day before the kalends of March
persons in Our Presence whom We have observed to be
in the year of the consulship of Modestus and Arintheus.-February
enervated by luxurious living.
16, 372.
i. Those persons from the aforesaid groups, therefore,
who are heads of familiesl 6 and are financially qualified
9.25 Emperors Gratian, Valentinian, and Theodosius Aufor compulsory public services shall be chosen to augment
gustuses.
the number of decurions. The senates of each of the muIf any persons born of military stock should attach themnicipalities shall know that they shall not hesitate to nomiselves to different office staffs, they shall be seized by
nate as decurions those persons whom they know to be
force 20 and dragged back. Veterans also shall know that
financially qualified, except those whose vigor and fortitude
their children whose innate strength reveals them to be fit
make them suitable to defend the State.
for military duties must be presented for military service,
2. For we notify the dukes of the several borders that
or else they shall henceforth be subject to the toils of Our
hereafter no son of a veteran who is useless for service
law.
shall be bound by oaths of service. The dukes shall diliWritten to Petrus, Governor26 of Phoenicia, at Damascus on the
day before the ides of May in the year of the fifth consulship of
gently inspect those also who have already been approved,'
Gratian Augustus and the first consulship of Theodosius Augustus.
and those who are found unsuitable shall be released from
-May 14, 380.
their oaths and sent to Your Gravity.
Given and posted on the ides of November in the year of the con10. The same Augustuses to Felix, Count of the Orient.
sulship of Dalmatius and Zenophilus.-November 13, 333.
It is Our will that sons of veterans and of soldiers shall
be associated with the armed imperial service, not only
6.' Emperor Constantius Augustus to Antonius, Duke of
such sons who are performing imperial service in various
Mesopotamia.
office staffs but also those who are free for their own af(After other matters.) The rule shall be enforced that
fairs. There shall be, therefore, no occasion for exemption.
sons of veterans or of soldiers shall not be assigned to the
Given on the eighth day before the ides of July at Thessalonica
office staffs of the governors.1 8
Given on the fourth day before the nones of February in the year
of the consulship of Limenius and Catullinus.-February2, 349.
Petronius, Patrician.
If any person who was born of military stock should
give himself over to the bonds of various office staffs, he
shall be seized by force20 and dragged back to military
service. Veterans to whom leisure has been granted after
their service in arms shall know that their children whose
innate strength reveals them as suited to military duties
must be presented for military service. i. For if any person
of military stock with ignoble intention should attach"
himself to the association of office staffs, so that after his
strength has been shattered, he may allege his advanced age
as his defense and on the pretext of debility may be judged
unfit for active military service, it is Our pleasure that the
aforesaid person shall be dragged forth from the concealment of his cowardice, even by a late investigation, and he
shall be delivered to the compulsory public services of the
municipal councils.
Posted at Beirut on the ides of April in the year of the consulship
of Valentinian and Valens Augustuses.-April 13, 365; 368; 370;
373.

Your Sincerity shall know that sons of veterans who
have submitted to armed imperial service must be recalled
15 res familiaris.
16 patresfamilias.
18 officia praesidalia.
19 7, 22, 9; 12, 1, 83. The official position of Petronius is unknown,
Amm. Marcell. 26, 6, 7.
17
8, 4, 4; 7, 20, 2, 7 (2).
manu injecta.
Or: if any person is of such ignoble character that he attaches
himself . . .
20
21
consulship of Theodosius Augustus.--uly 8, 380.

11.27 The same Augustuses to Our Dear Friend, Neoterius," Greetings.
If sons of commissary officers should be discovered who
have reached the legal age29 and who are not supported by
terms of military service performed, but who, in the year
following that in which they had been called to the service
of the municipal council, gave themselves to the imperial
service, they shall be held to the service of the municipal
council. Thus, when the year has passed and they begin to
be decurions, unseasonable and delayed petitions in regard
to their status shall not be heard, not even those of the
office staffs.
i. But if there should be two sons in the same household
and they should have such an extensive and prosperous
patrimony that they could undertake the performance of
twofold services,o one must be vindicated to the imperial
service and one to the municipal council. 2. In a similar
manner, the regulation must be enforced that, if three or
four children, or even more, should adorn the household of
the aforesaid family, one of the numerous 3 1 brothers shall
be called to the service of the municipal council.
Given32 on the sixth day before the ides of September at Sirmium

consulship of Theodosius Augustus.-September 8, 380.
ministerium chartularum.
28 observatio rationum.
Or in stature, in order that they can be, M.
25 J2, 1, 83; 7, 22, 7.
26 Consularis.
27 CJ 12, 47, 2.
28 Possibly the Praetorian Prefect of Illyricum.
29 Sixteen, 7, 22, 4. But cf. 12, I, 19.
30 necessitates, compulsory public services.
31 An indication that families at this period were very small, since
three or four children would be considered "numerous."
32 Received? Theodosius seems to have been at Thessalonica at
this time.
22
24
[184 1
Offertory of Votive Offerings

12. Emperors Arcadius and Honorius Augustuses to Stilicho, Count and Master of Both Branches of the Military
Service.
Since sons of veterans have betaken themselves to various
office staffs, We command by this sanction that no recruits
shall be demanded of such persons"3 who are now employed
in office staffs, and then, after this edict, that access to imperial service in civilian"' office staffs shall be forbidden to
sons of veterans.
Given on the sixth day before the kalends of October at Milan in

consulship of Eutychianus.-September 26, 398.
TITLE 23: THE OFFERTORY OF HORSES'
(DE OBLATIONE EQUORUM)

If any person should be ranked as an honorary count 2 as
a consequence of honorary imperial letters patent, he shall
make provision to present immediately three horses which
meet the requirements for approval. If anyone, moreover,
should be made honorary governor' by the same kind of imperial indulgence, he shall immediately deliver two horses
with like devotion; for thus the equipment of arms is provided more promptly. i. This compulsory public service in
the future shall be renewed by this law, so that a similar
33
84
As their substitutes in military service;

Possibly, municipal office staffs.
12, I,
78.
1 Literally, a free will offering, which it may have been originally.

In the later Empire it was a compulsory payment, 7, 24, n. I.
2
ex-comite.
3 ex-praeside.
7-24'1
exaction shall recur every fifth year, that is, at regular intervals rather than frequently. 4
Given5 on the eighth day before the ides of June at Sirmium in

Victor.-June 6, 369.
TITLE 24: THE OFFERTORY OF VOTIVE OFFERINGS' (DE OBLATIONE VOTORUM)

. 2 Emperors Arcadius and Honorius Augustuses to Basilius, Prefect of the City.
When the happy New Year begins with the common
votive offerings3 of all, We shall accept with joyful heart
the devotion expressed by offerings to the Emperors, in
which one pound of pure gold consists of seventy-two
solidi.' We decree that hereafter in the ensuing years5 each
person shall always zealously bring and present such offerings to his Emperor.
Given on the third day before the nones of March at Milan in the
year of the consulship of Olybrius and Probinus.-March5, 395.
4 Hoc est magis aliquando quam saepe. This is an unusual Latin
expression and the translation is open to doubt.
5 Posted, since Valentinian was near the Rhine at this time, M.;
13, 3, 7; 12, 6, 15.
1 CJ 12, 48. Observe that this offertory of votive gifts gradually

became a compulsory payment. Such offerings were presents made
to the Emperor at the beginning of the year by the Senate and
various high officials, 7, 23, n. I.
2 CJ 12, 48, I.
3 vota, prayers, votive offerings.
4 Or: an offering to the Emperors in the amount of one pound,
that is, seventy-two solidi of pure gold, M.
5 Or: hereafter the zeal of each year shall always bring and present such offerings to the succeeding Emperors, M.
185
]1
BOOK VIII
....
..............................................
TITLE 1: CIVIL ACCOUNTANTS, MILITARY

ACCOUNTANTS, BUREAU CLERKS, AND SECRETARIES' (DE NUMERARIIS, ACTUARIIS,
SCRINIARIIS, ET EXCEPTORIBUS)
Emperor Constantine2 Augustus to Leontius.3
We formerly sanctioned that no person by corrupt solicitation should attain the administration of any office staff,
especially that of the -office of registrars, but such person
must be from the main body and the high ranking members4 of the office staff concerned. We also command that
those persons upon whom such administrative duties have
been enjoined shall continue to perform such services as
long as it is evident that they are qualified or as long as it
is proved that their age does not hinder them in their ability to fulfill their tasks. Thus if the administration remains
continually under the control of one person, his loyalty also
becomes apparent. Therefore, if any person by the support
of corrupt solicitation should attain an office responsible to
the fisc, he shall be compelled to pay ten pounds of gold
as a fine.5
i.
Posted on the fifth day before the ides of June at Hierapolisin the
year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-June 9, 319.6
2. The same Augustus.
In order that those persons who are far removed from

the office of Your Sublimity and who adduce no evidence
of merit through industry and services rendered may not
be able to steal into positions that are due to those persons
who toil, it is Our pleasure that the secretaries, in accordance with their rank and order of service, shall attain the
administration of the office records and be chosen as substitutes7 for the management thereof and that all other
persons shall be rejected. Thus among such secretaries,
each one shall obtain his place in accordance with his order
in the service and his merit, just as he has deserved to
obtain such place by length of time.
Givens on the kalends of July at Trier in the year of the consulship of Bassus and Ablavius.-July 1, 331.
3. The same Augustus to Maximus, Praetorian Prefect.

In the interests of the public welfare We command that
assistant military accountants and military accountants shall
be of ignoble status,9 that they shall also be sustained by
11, 5, n.
I; 2, 29,
Constantius.
n.
I;
CJ 12, 49.
8 Praetorian Prefect of the Orient under Constantius in 338, 342344, 12, I, 35.
4 ex ordine vel corpore.
5 Official corruption at this time was rampant, and although the
Emperors issued much legislation against it, they seemed powerless
to 6check it, n. I.
June 27, 343, in the year of the consulship of Placidus and Romulus, 12, I, 35. In 319 Constantine could not have been at Hierapolis.
7 Chosen to fill vacancies, as they occur.
8 Received or posted; Constantine was not at Trier on this date.
9 condicionales, of ignoble status and thus subject to torture. The
higher classes were not ordinarily subject to torture.
0..........................................................
subsistence allowances,1 0 and that those of them who are

enrolled on the tax lists" shall be exempt from the capitation tax.
i. Therefore Your Wisdom shall admonish the competent officers to pay forthwith two subsistence allowances to
each military accountant and one allowance to each assistant
military accountant. Of the aforesaid persons, you shall
provide that only those who are enrolled on the tax lists"
shall be exempt from the capitation tax as long as they are
engaged in actual service; for afterward they shall either
be honored by glory and dignity, or else attended with punishment if they should be apprehended in wrongdoing.
Issued on the third day before the nones of May in the year of
the consulship of Dalmatius and Zenophilus.-May 5, 333.
The same Augustus to Veronicianus, Vicar of Asia.

The rapacious and fraudulent conduct of the accountants
who serve the various governors' 3 must be so restrained
that, as We formerly sanctioned and as We now sanction
again, they shall be made subject to the ignoble status1 4 of
those persons who may be tortured, they shall be subject to
the punishment of torture horses and to lacerations, and
they shall not perform the duties of this office for more
than two years. (Etc.)
4.12

year of the consulship of Optatus and Paulinus.-May 19, 334.
5. Emperor Constantius Augustus to Taurus, Praetorian

Prefect.
Military accountants shall be of ignoble status,9 they
shall diligently perform their own duties, and they shall not
steal into any positions of dignity, from the enjoyment of
which they are prohibited by the divine imperial statutes.
To correct this vice," We also command that the salutary
regulations of Our father1 6 shall be observed, and by the
issuance of letters to the masters of the foot and horse, We
have instructed them to give effect to this order.
Given on the day before the nones of May at Rome in the year of
the ninth consulship of Constantius Augustus and the second consulship of Julian Caesar.-May 6, 357.
6. Emperor Julian Augustus to Auxonius, Governor 7 of

Tuscany.
Accountants who have learned with their clever fraud
to falsify" the public accounts of the municipalities shall be
subject to torture on the grounds of their cunning and
fraud.5 But when they have administered the public records
for five years, they shall be on the retired list"9 for one
whole year, so that in private life they may be easily available for prosecution by those who make accusations. Furthermore, in their seventh year, when it appears that said
10 Salaries, sometimes issued in supplies but usually commuted
into money, either wholly or partially.
11 censiti, subject to the capitation tax; usually coloni.
12 , 14, 2; CJ 12, 49, I.
14 condicio, ignoble status and thus subject to torture, n. 9.
15 Of assuming unmerited dignities.
16 Constantine; 8, I, 3.
17 Corrector, n. 13.
18 lacerare, mangle, subvert.
19 vacantes.
E 186 ]
8-1-11
Accountants; Bureau Clerks; Secretaries

accountants have well administered the office 2 0 entrusted to
them, they shall be discharged with the title of honorary
Most Perfect. This honor of added rank will efface the
disgrace of their former low station.
Given on the sixteenth day before the kalends of February at Constantinople in the year of the consulship of Mamertinus and Nevitta.
-January 17, 362.
7. The same Augustus to Secundus, Praetorian Prefect.

Although by a preceding order 2 1 We had directed all accountants to be of ignoble status,9 nevertheless We also now
command that all those persons shall be of ignoble status
who undertake the keeping of public records and who serve
in the aforesaid office. Thus when such persons know that
they are not defended by any privilege and that the protection2 2 of their frauds can be easily disclosed through torture, they will not commit any crime to the harm of the
State.
Given on the kalends of March in the year of the consulship of
Mamertinus and Nevitta.-March I, 362.
8. The same Augustus2 3 to Mamertinus, Praetorian Prefect.

We command that all accountants, not only those who
are hidden in the common crowd of the plebeian mob but
also the chiefs and masters of the office staff of accountants
in the Most August office, 24 as well as in the offices of all
other judges, shall be entirely released from their oaths of
enlistment in the imperial service and also reduced to an
ignoble status,9 in order that their high rank may not provide a shelter for their fraudulent practices.5 Furthermore,
they shall serve the bureaus for five years ;25 of course, it
appears to be quite unjust that inexperienced and recently
added assistant chiefs of office staffs should be compelled
to render an account for the fraudulent practices of others 26
and that this danger should threaten such assistants.
Given as a letter to the PraetorianPrefect27 on the fifth day before the kalends of December at Viminacium in the year of the
fourth consulship of Julian Augustus and the consulship of Sallustius.-November 27, 363.

Clearchus.
Those persons who have been customarily called accountants shall hereafter, by Our sanction, be called registrars, when they serve the governors of the rank of consular
or of praeses."' They shall know that they are made subject to torture unless they repeatedly, with the attestation of the records, notify the aforesaid judges as to the
amount of taxes that are due and delinquent, whether such
judges have been promoted by Our judgment and sent to
the provinces, or have remained there for a longer time.
For said registrars must know that along with the taxpayers, they themselves will be held liable for the tax payment, unless on their notification all such taxes are paid
in full.
i. Moreover, it is proper that the entire term of service
9.28
20 MunUS,
service.
io. The same Augustuses to Jovinus," 2 Master of the

Horse.
We command that six personal subsistence allowanceso
and six units of provender shall be issued from the stores of
the State storehouses to each military accountant of the service units of the palatines and field army troops. To each such
accountant of the service units of the secondary field army
troops33 likewise shall be issued four personal subsistence
allowances and four units of provender. 4 Such accountants
shall perform the services of this office for ten years, in
order that their loyalty and industry may be conspicuously
and manifestly approved. i. For when the report of such
service has come to Our notice, according to the testimony
of the service units, by the recommendation of Your Excellency said accountants shall attain the rank of Most Perfect in Our palace, and they shall also acquire an even
higher grade of dignity afterward. If, after this special
grant of imperial favor, any military accountant should not
refrain from fraud and rapine, the authority of the courts
shall be exerted against him.
Given on the eighth day before the kalends of June at Milan in
the year of the consulship of Valentinian and Valens Augustuses.May 25, 365.3"
ii." The same Augustuses to Rufinus, Praetorian Prefect.

With reference to the accountants of your Most Exalted
office, Our opinion is different from that which Julian of
sainted memory thought best to sanction.37 That Emperor
proposed a law in which he commanded that the accountants
should relinquish the official cincture and, as conscious of
their very ignoble status," should comply with the duties of
their compulsory public service. But We prefer that the
obedience of men be voluntary rather than forced, and
therefore We command the accountants to assume the official cincture and to preserve the order of their imperial
service, although in no way can they vindicate themselves
from corporal punishment if they should be apprehended
in any criminal fraud.
Given on the day before the ides of December at Parisin the year
of the consulship of Valentinian and Valens Augustuses.-December
12, 365.
ince.
tutelae, the covering under which they hide.

A constitution of Jovian, 8, I, II; I, 22, 3, n. 15.
24 sedes amplissima, the office of the praetorian prefect.
25 Their term of service is limited to five years.
26 The civil accountants mentioned at the beginning of this constitution.
27 Perhaps posted with the letter of the praetorian prefect.
28 CJ 12, 49, 2. Clearchus was Vicar of Asia.
29 consulares, praesides, n. 13.
23
Given on the fourteenth day before the kalends of March at Constantinople in the year of the consulship of Valentinian and Valens
Augustuses.-February16, 365, or February 17, 368.31
30 peregrini, foreigners, non-residents, residents of another prov-
21 8, I, 6.
22
of the registrars shall be limited to a period of three years.

Finally, since foreigners"o must be chosen and assigned as
registrars for each province, when such registrars have
served for a term of three years and this period is completed, they must remain in the province for two years after
the end of their administration, subject to the orders of the
judges, so that they may render an account of their sloth
and indolence and may be subject to the penalties which
they must share with the tax collectors, if it should be
proved that they failed to present their recommendations
and were thus false to their trust.
31 In 365, since there is another constitution that was issued to

Clearchus May 6, 364, and the date and places of issue agree, M.
32 Jovius in the manuscript.
Cf. 7, I, 7.
3 pseudo comitatenses.
3 Several words have been lost here, M.
35
May 31, according to 7,
36 CJ 12, 49, 3.
378,
38 vilior condicio, notes
1,
7.
1, 8, n. 23.
g and 14.
E 187 1
Accountants; Bureau Clerks; Secretaries
8*1-12
12." Emperors Gratian, Valentinian, and Theodosius Augustuses to all the Governorsis of Provinces.
In each province two registrars"o shall be established, so
that one shall be ordered to manage the account of the fiscal
chest" and the other, the accounts of the largesses. They
shall know that if by illicit usurpation5 anything should be
transferred from the records of one of such accountants to
those of the other, that person who conceals the wrongdoing of the judge by his connivance shall be subjected to
the severest punishment.
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Antonius and Syagrius.
-March
30, 382.
(After other matters.) Accountants shall not adore the

divine purple of 'Our Imperial Divinity unless they have
completed a three year period of service, and if, to the
fraud of the statute, they should attempt either to evade the
statutory time limits or by corrupt solicitation5 to usurp the
dignity of a higher branch of the imperial service, they shall
be subjected to capital punishment."
Given on the eighteenth day before the kalends of October at
Constantinople in the year of the consulship of Antonius and
Syagrius.-September 14, 382.43

Severus, Prefect of the City.
In order that the military accountants may not be assisted any longer by their association with the civil accountants, to the ruin of all, 5 Your Illustrious Authority
shall command all persons from the group of civil accountants to abstain from any association with the military accountants and to withdraw from all communion with them.
But if after due warning the civil accountants should neglect to observe these regulations, they shall not doubt that
they will be subject to the same penalties as are the military
accountants.
i. Within fifty days you shall also compel all military
accountants to depart from the limits of Our City," and
they shall know that if they should be apprehended within
the City after the statutory time limit, they will incur a
penalty of twenty pounds of gold.
Given on the fourth day before the kalends46 of July at Nicea

consulship of Eutychianus.-June28, 398.

Hypatius, Master of Soldiers throughout the Orient.
From the information submitted by Your Magnificence
We learn of those cruel deeds that are being perpetrated by
the bureau clerks of your office, in that they rely on the
intermingling of their powers with those of the military
accountants in respect to the records, and by their own depravity4 7 write out" the accounts of said military accountants in accordance with their own wishes. Therefore, We
decree by this general law that at the end of three years of
service said bureau clerks shall be dismissed from the man39CJ 12, 49, 441
arca,
fiscalis
408 , 1,
9.
agement of the records in the same way as in the case of the

civil accountants, because of whose fraud this general regu4
lation"
was previously issued. They shall never again be
admitted to the performance of this service, but together

with those who formerly retired in any manner from such
an association, they shall thus await the headship of the
office staff, if they should prefer."o The money, which in
any way they extorted from the military accountants shall
be vindicated to the fisc. i. The foregoing regulations shall
be observed henceforth, if any bureau clerks should have
any contracts with the military accountants, since this association and this traffic must be completely prohibited.
Given on the seventeenth day before the kalends of April at Constantinople in the year of the tenth consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-March 16, 415.
16.51 The same Augustuses to Vitalianus, Duke of Libya.

Neither any accountant of your office staff nor any confidential advisers2 nor any bureau clerk nor any assistant
chief of office staff, after the completion of the period of
his active duty, shall dare to aspire again to the same service. A fine of ten pounds of gold is established if any
person should wish to violate this sanction. The same penalty is also established for the office staff, if through corrupt solicitation" or avarice they should allow any of the
provisions of this law to be violated.
Given on the ninth day before the kalends of November at Constantinople in the year of the eleventh consulship of Honorius Augustus and the second consulship of the Most Noble Constantius.October 24, 417.
17.63 Emperors Theodosius and Valentinian Augustuses

to Taurus, Praetorian Prefect.
If any persons should attain the rank of accountants in
the office of your exalted department, as long as they perform this function, they shall not attempt to enter the
imperial service as confidential advisers,52 lest persons established in the active service of one office should enjoy the
privileges pertaining to another branch of the imperial
service. i. Of course, when the statutory period of three
years is completed, said accountants shall obtain only that
type of imperial service which has been bestowed from
antiquity in accordance with the established custom. 2.
Moreover, within the limits of the second period of three
years, they shall have no opportunity to attain any higher
position in the imperial service, or rather, any high rank.
(Etc.)
Given on the fifth day before the nones of July at Constantinople
in the year of the fourteenth consulship of Theodosius Augustus
and the consulship of Maximus.-July 3, 433.
TITLE 2: REGISTRARS, TAX ACCOUNTANTS,

AND TAX ASSESSORS' (DE TABULARIIS,
LOGOGRAPHIS, ET CENSUALIBUS)
i.' Emperor Constantius Augustus to Catullinus, Prae-
torian Prefect.
By no means shall any registrars, scribes, decurions, or
their sons perform imperial service on any office staff, but
apparently the imperial treasury, 6, 4, 21, n. 69.
Either physical death or forfeiture of civil status.

CJ 12, 49, 6.
43 8, 15, 7.
46 The ides, Seeck.
45 Constantinople.
4 Or: in that they rely on the intermingling of their own depravity with that of the military accountants, and by their control of
the records they.
s perscribo, transcribe, falsify?
42
188
8, I, 9; 8, I, 14.
50 The text is suspect.
51 CJ I, 51, 6.
52
domesticus, confidential adviser, member of the imperial house-
hold guard.
53
CJ I, 51, 9.
1 Brev.
8, 1;
CJ Io,
71.
212, I, 31;
CJ
10, 71, I.
Gubernatorial Apparitors; Chiefs and Secretaries; Commissary Officers o

even if they are performing imperial service within Our
palace and have not yet completed a period of five years,
when they are found, they shall be dragged out from all
offices and returned immediately to their municipal councils
and duties.
Given on the eighth day before the kalends of July at Lauriacum
in the year of the consulship of Marcellinus and Probinus.-June
24, 341.
2. Emperors Valentinian and Valens3 Augustuses to Artemius, Vicar of Spain.

If any registrar, after the completion of his compulsory
public service, should begin to aspire or to be summoned to
a municipal council, he shall not be received into said order
until he has faithfully rendered in the public records an
account of his administration of his register during his term
of office.
Given on the kalends of June at Trier in the year of the consulship of Valentinian Augustus and the third consulship of Valens
Augustus.-June 1, 370.
3. Emperors Gratian, Valentinian, and Theodosius Augustuses to Neoterius, Praetorian Prefect.

We have learned that some of the scribes of the municipal
councils, as well as some of the tax accountants of the municipalities, have forsaken their compulsory public services
and have stolen into the imperial service. I. Such persons
shall be dragged back, and We issue this law, to the effect
that no person from this body of men shall dare such usurpation, since for supplying the deficiencies in the requirements of the imperial service,4 that number will be quite
sufficient that by a faithful search can be made up from
vagrants,5 sons of veterans, and unemployed persons.6
Given on the fourth day before the nones of February at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-February 2, 380.
If any decurion should voluntarily consign himself to

the tax assessment service, he shall have the ignoble status8
which he chose for himself, and he shall completely surrender the dignity of his order as a decurion if it should be
found necessary to subject him to torture.9
Given on the fifteenth day before the kalends of October at Constantinople in the year of the consulship of Richomer and Clearchus.
-September
5.10
17, 384.
Emperors Arcadius and Honorius Augustuses to Ha-
drianus, Praetorian Prefect.

By a general law We sanction that when registrars may
be needed either for entire provinces or for separate municipalities, freemen shall be appointed, and hereafter entrance to this office shall not lie open to any person who is
subject to servitude. I. But also if any master should allow
his own slave or colonus to undertake the administration
of public records-of course, it is Our will that the master
shall be bound for his consent and not his ignorance-the
master himself shall be held obligated for the accounts that
were managed by the slave or colonus, to the extent that the
3 And Gratian.
militia, apparently the armed imperial service, armata militia.
5 Deserters from the army who had wandered into other provinces.
6 vacantes, unemployed persons, retired persons, persons on leave
from service and comprising the reserve.
7 CJ 10, 71, 2.
8 condicio, 8, I, notes 9 and 14.
9 The rank of the decurions exempted them from torture.
4
10 Brev. 8, I, I; CJ 10, 71, 3.
8-4-1
interest of the public welfare is involved, but the slave"'

shall be punished with the statutory scourging and assigned
to the fisc.
2. Against such actions in the past, We also decree that
at his own charge a master shall deliver any person who in
the past administered such accounts, for it was to the
master's interest to provide from the beginning that persons
subject to the servitude of private citizens12 should not be
involved in public administrative services. Thus each such
person shall be subjected to torture that he may disclose the
account 8 for the time that he was in service.
Given on the eighth day before the kalends of April at Milan in
the year of the consulship of Vincentius and Fravitus.-March25,
401.
If in a whole province or for separate

should be appointed, that is, those
registrars
municipalities
persons who handle the public accounts, freeborn persons
shall be appointed by the provincials. Coloni and slaves
shall in no case be admitted to serve in this office, because
such persons must be chosen that there can be no complaint
about them, when the public faith must be entrusted to
them. But if a master should consent that his colonus or
slave should be a registrar, because of such consent the f ollowing penalty shall be inflicted on said master, namely,
that he shall restore without delay whatever damage was
caused by said colonus or slave. Such colonus or slave shall
be flogged and assigned to the account of the fisc.
INTERPRETATION:
TITLE 3: THE PRIVILEGES OF APPARITORS

OF ADMINISTRATORS WITH THE POWER
OF MASTER' (DE PRIVILEGIIS APPARITORUM MAGISTERIAE POTESTATIS)
I.' Emperors Valentinian and Valens Augustuses to Artemius, Governor.3
(After other matters.) If any person should prove that
he has served or is serving on the office staff of a master
of the horse and foot, he shall be exempt from the injustice of any nomination.4 I. Moreover, tax receivers shall
be selected from the various office staffs and even from the
office staff of the largesses in the municipalities from among
those persons, -of course, who reside outside the palace.
Given on the thirteenth day before the kalends of October at
Aquileia.-September Ig. Received on the fifteenth day before the
kalends of November at Salerno in the year of the consulship of
the sainted Jovian and of Varronianus.-October18, 364.
TITLE 4: GUBERNATORIAL APPARITORS,

CHIEFS AND SECRETARIES OF OFFICE
STAFFS, AND COMMISSARY OFFICERS' (DE
COHORTALIBUS, PRINCIPIBUS, CORNICULARIIS, ET PRIMIPILARIBUS)
1.2 Emperor Constantine Augustus to Constantius, Praetorian Prefect.
1x servus, slave. The colonus seems also to be included, though not

specifically mentioned, since his status as a sharecropper bound to
the soil had become practically the same as that of a chattel slave or
servus.
12 Privataservitia, including both slaves, servi, and coloni.
13 That is, a reckoning of the account entrusted to him.
1 CJ 12, 54.
2 6, 35, 6; CJ 12, 54, I.

of Lucania and Bruttium.
4 Appointment to the duties of any compulsory public service.
3 Corrector,Governor
1 1, 5, n. I;
2, 29,
n. I; CJ
12, 57.
E 18 ]
2 15,
14, 1.
8-4-1
Gubernatorial Apparitors; Chiefs and Secretaries; Commissary Officers
Since the tyrants very unjustly decreed that, if any apparitor of the imperial service' should obtain an honorable
discharge and leisure for his own affairs,' he should perform the public6 services and the compulsory duties of the
municipal council, it is Our pleasure that the aforesaid law
shall become null and that if any apparitor of the imperial
service' should retire after the completion of twenty years
of service, he shall not be summoned thereafter to any compulsory public 6 services or obligatory duties of the municipal council. This rule shall also be observed with respect to
the apparitors of governors.
the fourth consulship of Constantine Augustus and of Licinius.April 28, 375; 324.7
2.8 The same Augustus: An Edict to the Africans.

The rural police of the commissary officers, 9 whose positions are manifest, are openlyo admonished that if they
should extort anything beyond due measure, they shall
know that they will be capitally punished.
Furthermore, they shall not have any prison, and no one
shall have any person in custody under his control for a
manifest crime.
No one shall have with him more than two packanimal
drivers from the Province, nor join to himself such drivers
from Numidia or have such a driver from any other province, or have with him any former attendant of a member
of the rural police.
Posted on the sixth day before the ides of May at Carthagein the
year of the fourth consulship of Constantine Augustus and of Licinius.-May 10, 315.
3.11
The same Augustus to the Bithynians.
The rank of Most Perfect, of ducenarius, of centenarius,

or of Egregious can be bestowed on commissary officers
after their honorable discharge from the imperial service.12

Given on the twelfth day before the kalends of August in the year
of the consulship of Gallicanus and Bassus.-July 21, 317.
4.3 Emperor Constantius Augustus to Antonius, Duke of
Mesopotamia.
In accordance with the report' 4 of the Vicar of Mesopotamia1 regarding those persons who desert the gubernatorial office staffs and who are known to aspire to enlistment in the imperial service, the authority of a repetition
of the statute"6 is desired. Therefore We now order again
that Your Gravity shall retain those persons who are recognized as the sons of veterans or of soldiers, but that you
3 The various rivals for the imperial power among the Romans
regularly referred to their opponents as "tyrants." The "tyrant" in
this case may be either Licinius or Maxentius, but more probably
Licinius.
4 cohortalis militia, refers here to apparitors of the praetorian prefect. The term was later applied only to gubernatorial apparitors;
8,7, 4.
5 Or: a release from his duties.
6 civilia officia, compulsory services paid to municipalities.
7
Since in 15, 14, I, also issued to Constantius in 324, Licinius is
called tyrant, this constitution must belong to the same year, M.

8 CJ 12, 57, 1.
shall not delay to restore all others to their own office

staffs. (Etc.)
Given on the fourth day before the nones of Februaryin the year
of the consulship of Limenius and Catullinus.-February2, 349.
5. The same Augustuses to the Most Noble Praetorian
Prefects.
(After other matters.) It is Our will that the specially
privileged' 7 apparitors shall continue in the same functions.
(Etc.)
Given on the day before the nones of May in the year of the
seventh consulship of Constantine Augustus and the second consulship of Constans Caesar.-May 6, 354; 353.18
6. The same Augustus to Taurus, Praetorian Prefect.

Serious losses are being suffered by the commissary officers who are customarily dispatched to the frontiers for
the purpose of supplying food to the soldiers, and We believe that provision should be made for them in the following manner, namely, that the dukes who are affirmed to
extort a great deal from them shall not receive from them
in the name of gifts and fees anything more than they customarily received while the State was being ruled by our
father of everlasting memory.19 Thus the actual supplies 20
shall be issued by said commissary officers and not sent in
the form of coin or gold, in order that no necessity for
complaint may arise with reference to exorbitant prices.
i. The aforesaid injustice shall be thus remedied and suitable persons shall be dispatched. In the customary manner
they shall receive all the military food supplies and shall
hasten to convey them to their destination. In the office
of the governor 2 1 of the province they shall execute records
through which shall be designated the amount of supplies
that is being furnished by the commissary officers for use
as food for the soldiers and the amount that is furnished
for sending gifts and fees to the dukes, in regard to which
the gubernatorial office staff has the information.
Given by the Prefect in a letter to which this sacred imperial
rescript had been prefixed,2 2 on the eleventh day before the kalends
of June at Milan in the year of the consulship of Datianus and
Cerealis.-May 22, 358.
7.23 The same Augustuses to Taurus, Praetorian Prefect.
If specially privileged1 7 apparitors or apparitors of the

fiscal representative should evade their duty in the maintenance of the public post or their compulsory public service as commissary officers and should also falsify the fiscal
accounts" and should suppose that they may pass over to
the Church,25 they shall be dragged back in the same way as
decurions. i. But if they are not obligated with respect to
their accounts and compulsory public services, after a hearing by the judge and with the consent of the members of
their office staffs, they may be transferred, if their desire
for the commendable life 2 6 should demand it, and they need
not fear the requirement for the surrender of their property. 2. But if they should suppose that they may steal into
the Church by clandestine trickery, just as in the case of
decurions two thirds of their own property shall be surrendered to their children or to their near kinsmen, if they
9 stationariiprimipilarium.
10 Or delete: openly, M.
17
11 Apparently a constitution of Licinius, M., 1o, 7, I; 10, 20, I;

12, I, 5.
12 emerita militia.
13 7, 22, 6.
14
suggestio, an official report, with recommendations.
15
Since the Vicar of Asia is meant, delete Mesopotamia, M.
C 190
18 6, 27, I, n.
2.
Constantine. Legalization of extortion.

20 species, natural products, raw materials.
21 rector.
22 I, 16, io, n.
23
24
25
16 Not extant.
beneficiarii.
19
I2, I, 49; CJ I, 3, 4.
intervertere rationem fiscalem.
Become clerics.
26
50.
Life as clerics.

lack children, and one third may be retained for themselves.
But if the stock of near kinsmen should be lacking, they
shall surrender two thirds to the offices in which they are
serving, and they may retain only one third for themselves.
year of the consulship of Taurus and Florentius.-August 29, 361.

Mamertinus, Praetorian Prefect.
(After other matters.) If any person should so serve his
period of enlistment on the gubernatorial office staff of a
proconsul, consular, corrector, or praeses2 7 that he administers some branch of the State service in accordance with
the capacity of his powers . . . of his toil,28 and if, while
obligated to the supervision of the horses of the public
post29 or to the issuance of food in his capacity as commissary officer, he should assume by a forbidden path a position in a more honorable branch of the imperial service,
he shall forfeit the insignia of the honor which he presumed
to take, and thus he shall assume the compulsory service of
his former administration.
i. But if the children of such a person, when they become of age, should obtain the second30 rank in the imperial service, they shall not be harassed by the status"
resulting from their father's compulsory public service, unless it is proved that they are still bound by the nature of
such a position, even though it should be a higher one.
Thus with very little affront to their dignity they may be
subjected to the expenses of their father's compulsory
service.
Ia. As long as in such provinces"2 such men are employed
in the imperial service that they are not bound1 to the compulsory administration of the issuance of food as commissary officers or to the supervision of the horses of the public post, 4 they shall be released by twenty-five terms of
service from the bond of being nominated as decurions. The
children of such men who are bound by this status shall be

surrendered to the assembly of decurions if they reject the
option of the imperial service.
ib. If undersecretaries, registrars, clerks of the daily accounts,35 tax accountants, and tax assessors are possessed
of taxable wealth and have some scholarly training, after
the completion of their period of service, they shall be
joined to a municipal council, but only on the condition that
while they served in humbler offices, they were not disgraced with the stigma of being subjected to torture.
2. Since it would be an endless task to include all regulations for all individual cases, the content of this law
comprises the general principle, so to speak, that if any
other person, unprotected by the aforesaid privileges,
should be found in any city, town, or municipality whatever, in proportion to the capacity of his powers and the
moderate amount of his taxable wealth, he shall assume
the duties of decurion that are incumbent on those of his
classification. (Etc.)
Given on the third day before the ides of May at Adrianople in

-May
31 condicio, 8, I, I, nf. 9 and 14.

82
Indicated at the beginning of the constitution.
Or, reading quas with M., in those provinces which are not
bound.
3 veredaria functio, n. 29.
s diurnarii.
3
13, 364-6

In accordance with the statutess" of the sainted Julian, a
fee of fifty pounds of silver shall be paid the duke, not by
one commissary officer but by all the commissary officers
equally,38 and the dukes shall not attempt to extort any
more than said amount, under the pretext of the customary
fees.
Given on the eighth day before the kalends of April at Trier in
-March
25, 368 or 370.
1o. The same Augustuses to Dracontius, Vicar of Africa.

We command that chiefs and secretaries of office staffs
shall not sell to any other person the positions which have
been rightfully conferred upon them personally, but they
rather than others shall fully reap the benefit of such
petty administrative offices.
i. But if after their services as commissary officers of
the food supply, they should suppose that they should
traffic in their offices, they shall have the liberty and license
to sell to no persons except their own assistants, and only
to those assistants who are proved never previously to have
administered such offices.
Given on the third day before the kalends of April at Milan in
the year of the consulship of Valentinian and Valens Augustuses.March 30, 365.
iI." The same Augustuses to Festus, Governore of Syria.
To the gubernatorial apparitors of Syria, We also grant

the customary privileges which were extended and conceded to them by the sainted Diocletian 4' and We order
that they shall not be summoned to the supervision of heavy
transport or to compulsory public service as shipmasters.
They shall not be assigned to membership in a municipal
council against their will, but when they have completed the
labor of their imperial service and after they have performed with competent diligence the compulsory service as
commissary officers in charge of the food supply, We offer
them the right to refuse such compulsory public services.
of the consulship of Valentinian and Valens Augustuses.-October
2, 365(?).
(After other matters.) It is Our will that the office staffs
of the governors43 of the provinces shall be admonished by
letters of Your Magnificence that they shall consider that
all persons received and approved as members of their
staffs shall be enrolled in the name of cohorts and entitled
to the privileges of the legions.44
Given on the sixteenth45 day before the kalends of June in the year
of the consulship of Modestus and Arintheus.-May 17, 372.
3
27 Various titles of provincial governors. See Glossary.

28 powers, through the vigor of his toil, M. The text is corrupt.
29 CUrsS veredorum.
30 Or: a higher rank, M.
8*4*12
7, 1, 5; 8, 5, 18; 12, 1, 58.
Not extant.
9 CJ
40
41
57, 3;
consularis.
12,
38
Amm. Marcell.
pariter,in equal parts.
29, 2, 22.
A pagan Emperor who vigorously persecuted the Christians,
Min. Sen., n. 24.
78; CJ
4 rectores.
42 12, I,
12,
57, 4.
44 One of the many indications that the whole administrative organization of the later Roman Empire was thoroughly militarized.
45 The seventeenth, 12, I, 78.
E 191 1
8-4-13
13. Emperors Gratian, Valentinian, and Theodosius Augustuses to Severus, Praetorian Prefect."
If the sons of commissary officers should evade the enlistment and the imperial service of their ancestors, We do
not recall them to the lowest rank of apparitors and to the
aforesaid compulsory service, but We ordain that they shall
assist the State with various expenditures, as the occasion
may require.
Given on the third day before the nones of April at Milan in the
year of the consulship of Antonius and Syagrius.-April 3, 382.
14.48 The same Augustuses to Proculus, Count of the
Orient.
If any person should relinquish the post of chief of office
staff in which he was serving and if he should corruptly
solicit49 the rank of senatorial dignity, he shall be restored
to his proper place in the imperial service and scourged
with whips loaded with lead.
Given on the day before the nones of July at Constantinople in

the year of the second consulship of Merobaudes and the consulship
of Saturninus.-July 6, 383.
15.1o The same Augustuses to Neoterius, Praetorian Prefect.

If an apparitor who is involved in crime should flee, he
shall be prosecuted by an edict, by which he can be recalled 51 and which shall contain the conditions prescribed
by law. If he should not satisfactorily answer such edict
but should remain in hiding, the judge shall rightfully pronounce sentence against him conformable to the nature of
the crime. i. For We promise that We will not grant pardon to such persons, so that when they have at least been
thoroughly terrified by such a sanction of Our oracle5 2 and
when they have begun to despair of imperial indulgence,
they may either not commit any crime, or else they shall
know that their crimes cannot be evaded either by flight
and concealment or by any imperial indulgence.
Given on the day before the ides of June at Milan in the year of
the first consulship of Arcadius Augustus and the consulship of
Bauto.-June 12, 385.
petration of leisure, he shall not be presented with the desired leisure until he has paid all that is due to the position
of commissary officer.
2 (I).
It is also Our will that those apparitors who have
been deprived of their cincture of office and have been
adjudged infamous on account of their crimes shall not
use this pretext to enjoy their entire peculium, but they
shall be subject to condign punishment in such a way that
none of their property may be exempt from responsibility
for the performance of the compulsory public service which
they owed to the imperial service as their final duty.
Given on the third day before the nones of May at Milan in the
year of the consulship of Timasius and Promotus.-May 5, 389.58
17. The same Augustuses to Cynegius, Praetorian Prefect

of the Orient.
Although it had formerly been decreed that in conformity with the ordinance" of the sainted Gratian, the
commissary officers, according to custom, should convey
from the State storehouses the supplies in kind that were
to be issued to soldiers of the field army but should pay
money to soldiers of the border militia, it is now Our
pleasure that gold shall be paid at the office of the Illustrious Prefect of Illyricum, at a fixed rate, 0 that is, one
solidus for each eighty pounds of cured pork or for each
eighty pounds of oil, or for each twelve measures of salt.
the consulship of Timasius and Promotus.-June 27, 3 89 (f).el
18. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
If any person from the number of the office staff of a
count or from the apparitors of Your Excellency has been
assigned to the office staff of a governor,12 he shall not have
the right to escape into an order of another branch of the
imperial service by corrupt solicitation.
Given on the third day before the kalends of June at Heraclea in
the year of the third consulship of Arcadius Augustus and the second
consulship of Honorius Augustus.-May 30, 394.63

Euthymius, Vicar of Asia.
In the commutation into money of supplies under the
commissary officers,65 the same rate of prices shall be observed as can be found in the public markets. i. If any
person should attempt to exceed Our regulations, he shall
be disciplined with a severe sentence of the judge.
19."
16." Emperors Valentinian, Theodosius, and Arcadius

Augustuses to Tatianus, Praetorian Prefect.
If apparitors of judges ordinary14 should attain the rank
of special investigator 55 or of apparitors ordinary,56 they
shall not be released from duty because of any number of
years17 nor in consideration of periods of service, until as
commissary officers they have completed their duties of
issuance of food to the army and have rendered an account
thereof.
i. But if any person subject to this compulsory public
service should suppose before he fills this obligatory position that he may allege the misfortune of a sick body or the
extremity of an exhausted old age as grounds for the im6, I, n. 3.
4 They shall be subject to special taxes and levies.
4 6, 27, 5.
4 Or: if he should desert to the rank, M.
50 CJ 12, 57, 6.
51 Summoned by the posting of edicts.
52 A response or rescript from the Emperor who was considered
as having divine authority, Min. Sen., n. 61.
54 Governors of the provinces.
5s CJ 12, 57, 7.
55 speculator.
6 ordinarius, a high ranking apparitor of a governor, the judge
ordinary.
5T Of service, or possibly of age.
466,
192
Given on the fifth day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus and
the third consulship of Honorius Augustus.-February 26, 396.
The same Augustuses and Theodosius Augustus to

If any person should aspire to keep public records or
accounts or to perform any other service as a gubernatorial
apparitor, he shall not be permitted to attain such position
until his name has first been accepted on the official register. A punishment is ordained for those persons who suppose that, in contravention of the imperial celestial statutes,
20.6"
58
60
16, 5, 17.
State regulation of prices.
59 Not extant.
61 11, 1, 21; Chronica Minora 1, 245. Cynegius was buried March

II, 2, 5; 12, 6, 23; 16, 5, 16 must also be cor-
18, 389. The dates of

rected.
consularis.
64 CJ 12, 57, 8.
66 CJ 12, 57,
10.
62
I,
65
13,
I;
12, 1, 139.
species PrirniPilares.

any such person should be accepted or that any duty should
be enjoined upon him. However, such persons shall be retained in office, if, after the issuance of this law, with any
intention of future fraud, they should perhaps secretly so
participate in the official duties of those orders that, on the
pretext that their names had not been given to67 the imperial service, they might consider that they were free to
retire whenever this should be expedient for them.
i. To be sure, with respect to all persons who formerly
employed such devices and supposed that by the impetration of imperial rescripts they might evade their duties, We
establish the following regulation, namely, that We shall
allow such persons to use any rescripts that have been
issued to the court of Your Sublimity, but they shall not
use any rescripts that they have elicited for delivery to other
judges, and if any rescript should be surreptitiously impetrated, such rescript shall not be accepted by any other
judge.68
Given on the sixteenth day before the kalends of April at Constantinople in the year of the seventh consulship of Our Lord Honorius Augustus and the second consulship of Our Lord Theodosius
Augustus.-March 17, 407-69

Polychronius, the ex-commissary officer,70 who stole into
the bureau of memorials, shall be restored to his own ignoble status; and by a general law We decree that if any
person of such status should indecently insert himself into
the palatine service, he shall be assigned to the birth status
that he has forsaken. All persons to whom the administration of such matters pertains shall enforce the regulation
that no person shall desert his accustomed office and ever
aspire to palatine service.
the year of the consulship of the Most Noble Varanes.-April 4,
410.
The same Augustuses to Seleucus, Praetorian Prefect.

If any person after his imperial service on a provincial
office staff, or at any rate while still employed in such
service, should be enriched by spoils 7' taken from the provincials and should then hasten to a higher privilege of the
imperial service, he shall be released from his oath of enlistment in such service and returned to the place of his
origin and to the compulsory services of his own status,
and hereafter no such person shall have the right to attempt the attainment of an office and oath of enlistment of
greater splendor.
22.
8-4-26
with various palatine office staffs and those of the Illustrious powers," We decree that all such persons shall be
deprived of the cincture of office of the imperial service
and reduced to their own compulsory public service. i. Indeed, We command for the future that if any such person
should be detected in aspiring to palatine service and this
fact should be proved by any evidence,74 he shall be consigned for life to a supervisorship" or to the office of tax
receiver, and he shall not be released from employment in
this office until the end of his life shall be able to free him
from such a sentence.
Given on the day before the kalends of March at Ravenna in the
year of the ninth consulship of Honorius Augustus and the fifth
consulship of Theodosius Augustus.-February 29, 412.76
24. The same Augustuses to Probus, Count of the Sacred

Imperial Largesses.
If anyone who is now an apparitor, or has been freed
from such compulsory service on the office staff of a proconsul or of a judge ordinary77 can be found in a palatine
office, he shall be deprived of the privileges of such imperial service and returned to his own compulsory service
and district.
year of the ninth consulship of Our Lord Honorius Augustus and
the fifth consulship of Our Lord Theodosius Augustus.-Pebruary
29, 412.76
25. The same Augustuses to Liberius, Praetorian Prefect.

If it is learned that any apparitor from any of the various office staffs of the governors78 has unduly obtained a
position in a higher branch of the imperial service contrary to Our prohibition, he shall be recalled to his own
office. i. Therefore, We command the recall of all apparitors who are proved to have escaped to the imperial service
without your knowledge and without the merit of terms of
service. With a similar order We command that the apparitors of the various judges shall be restored to their
former imperial service. (Etc.)
Given on the sixth day before the kalends of December at Ravenna
in the year of the ninth consulship of Honorius Augustus and the
fifth consulship of Theodosius Augustus.-November 26, 4V2.79
412.72
26.80 The same Augustuses to Anthemius, Praetorian Prefect.

If any member of the group comprising a gubernatorial
office staff should be removed from the service"- on account
of a prosecution for crime, he shall either devote himself
to leisure and live by the arts of peace, or if he should prefer to return 8 2 to his former service by means of the pity
he may arouse by his supplication," he shall present to
your Most August office for filing the imperial oracle 5 2
that has been granted as a special imperial favor by Our
23. The same Augustuses to Eucharius, Proconsul of

Africa.
Because very many persons evade their accustomed imperial service on the office staffs of proconsuls and of the
other judges and are said to have associated themselves
s Officials with the rank of Illustrious.

Or: if it should be proved by any evidence that any person from
the provincial service is aspiring to the palatine service, he shall be
consigned, M.
7 mancipatus, the regular word for the supervisorship of the
public post.

year of the ninth consulship of Our Lord Honorius Augustus and the
fifth consulship of Our Lord Theodosius Augustus.-February 29,
7 n. 72.
67
Or: on the pretext that they had not been enrolled in.
68 Than the praetorian prefect.

69 8, 18, 8.
70 ex-primipilaribus, may mean ex-commissary officers or honor-
ary commissary officers. See Glossary, s.v. ex-. Or: Polychronius,

the Commissary Officer who ...
71 The usual corruption of the day, n. i.
72 8, 4, 23-24; 6, 29, 9; II, 1, 32; II, 7, 19-21;
12,
6,
31.
" The governor of a province.

78 moderatores.
7 8, 4, 25 is part of the same original constitution as are 12, I, 170;

14, 7, 2; the dates are confused; probably the eighth consulship of
Honorius and the third of Theodosius, 409.
so CJ 12, 57, IL1
81 stipendia.
82 repedare,creep back, steal back.
83 preces, Min. Sen., n. 57.
E 193 1
8-4*26
Majesty. This regulation shall be published by the posting

of edicts in accordance with this sanction, so that the
judges of the provinces shall know that if any provincial
apparitor should elicit any celestial imperial prescriptions
with reference to the restoration of his position in the imperial service and if these prescriptions have not first been
considered by your exalted office, 4 he shall be denied a
hearing by the intervention of this law.
Given on the thirteenth day before the kalends of March at Constantinople in the year of the tenth consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-February 17,
415.85
27. The same Augustuses to Eustathius, Praetorian Prefect.

Four solidi shall be paid in commutation for each pound
of silver" that is given to the Respectable dukes by the
commissary officers as fees, unless said commissary officers
prefer to offer silver of their own free will.
Given on the thirteenth day before the kalends of July at Constantinople in the year of the thirteenth consulship of Honorius
Augustus and the tenth consulship of Theodosius Augustus.-June
19,
422.

Prefect.
The authority of the law 8 of Valentinian shall be null,
as shall that of all other laws that have established various
provisions with reference to the time limits of illegally as-
sumed employment in the imperial service. We command

the following provisions to be observed: first, that neither
a decurion nor a gubernatorial apparitor nor the son of a
decurion nor the son of such apparitor shall desert his own
status and dare to aspire to another fortune, to which the
status" of his ancestors is prejudicial. 0 i. In the next place,

if any person involved in the bonds of the aforesaid status
should pass to the armed imperial service surreptitiously

or through illicit protection and if his municipal council
from which the recruit originated should remain silent91
continuously for ten years, so that the soldier should continue to perform the designated terms of service in the
camp without any suit with respect to his previous status
and should strenuously toil with the arms that he has received, he shall not be further subject to suit, but he may
expect the privileges and rewards of a gallant soldier.
(Etc.)
Given on the fifteenth day before the kalends of June at Constantinople in the year of the consulship of the Most Noble Asclepiodotus and Marinianus.-May 18, 423.
Florentius, Praetorian Prefect.

If any persons whose names are embraced in the official
report1 4 of your Excellency or if any ex-commissary
officers70 from any province whatever have illicitly undertaken any imperial service, even though they appear to
8
Of the praetorian prefect.

Aurelianus succeeded Anthemius as Praetorian Prefect on or
before December 30, 414, Chron. Alexandr. for 414 (P. 571 Bonn);
and apart from 8, 4, 26, no other law was issued to Anthemius after
March 3, 414.
This gives a ratio of gold to silver of one to eighteen.

87 6, 35, 14; 12, I, 184; CJ 12, 57, 12.
86
88 7, i, 6; 12, I, 64.
89 exempla.
Or: another fortune than that to which the status of his ancestors destines him, 7, 1, 8, n. 38.
91 Fail to bring suit.
90
E 194
have obtained such service by a special annotation of Our

Indulgence, they shall be deprived of the official cincture
and reduced to their former status and their original condition. Persons of such condition shall be barred from the
attainment of any high rank whatever, so that not only
shall they forfeit the benefit of any special grants of imperial favor formerly impetrated, but even if they should
attempt to elicit anything of the kind hereafter, such benefit
shall be reduced to complete nullity. For such persons must
be forever subjected to your commands and to the public
needs, and they shall not evade the necessary performance
of the compulsory public services.
Given on the sixth day before the ides of July at Constantinople
in the year of the consulship of Felix and Taurus.-July 10, 428.
30.2 The same Augustuses to Isidorus, Praetorian Prefect.

(After other matters.) A copy to Eubulus, Praetorian
Prefect of Illyricum.
If a gubernatorial apparitor or any other person obligated to a gubernatorial office staff" should hereafter
aspire to any high rank, he shall be stripped of all the insignia of the impetrated honor and reduced to his original
status. His children, also, who were born to him in such
status shall be consigned to their father's lot. i. But if any
gubernatorial apparitor or any person subject to the duties
of a gubernatorial office staff" has performed imperial
service before the issuance of this law, or if he began such
imperial service previously and is now so employed, or if
he professes to be an advocate in the forum of the Most
August prefect of the Orient and of Illyricum or in the
court of the prefect of the City,94 he shall observe the sanction of the constitutions that were formerly issued in this
matter. 2. But if after the issuance of this law, any of the
aforesaid persons should dare to seek any imperial service,
he shall not be protected by any prescription of time, but
he shall be dragged back to his own condition, and neither
he nor his children born after his attainment of such status
shall be able to evade their obligations to the gubernatorial
office staff."9
Given on the third day before the nones of April at Constantinople
in the year of the consulship of Isidorus and Senator.-April 3, 436.95
TITLE 5: THE PUBLIC POST, POSTWAGONS,

AND SUPPLEMENTARY POSTWAGONS 1 (DE
CURSU PUBLICO, ANGARIIS, ET PARANGARIIS)
Emperor Constantine Augustus to Constantius.2
If any person while making a journey should consider
that he may abstract an ox that is not assigned to the public
post but dedicated to the plow, he shall be arrested with
due force by the rural polices and the supervisors of the
public post, and he shall be haled before the judge,4 if the
judge is present, or else he shall be delivered to the municipal magistrates, with an adequate indictment,5 and by their
i.
188; CJ 12, 57, 12.

93 cohors, a military term.
9 Of Rome and of Constantinople.
92 12, I,
9 12, i, 187-188.
1 1, 5, nn.
i and 30; 1, 6, 12, n. 47; 3, 1, 9, n. 24; Brev. 8, 2; CJ
12, 50.
2 His official position is unknown. The constitutions that were

issued to Constantius, Praetorian Prefect, are dated 324-327.
3stationarii,postmasters, rural police.
4 The governor as judge ordinary.
5censura, indictment, sentence, punishment.
The Public Post

service he shall be transmitted to the judge4 ; or if he
should be of such high rank that it is not proper to rise up
against him with such severity, his name shall be referred
to Our Clemency.
I. For if any person should complete a stage6 of his
journey and by chance should not have oxen for its continuance, he must wait until oxen have been produced by
those who supervise the public post, and he must not remove those oxen that serve the cultivation of the earth.
Received on the eleventh day before the kalends of February at
Cagliariin the year of the fourth consulship of ConstantineAugustus
and of Licinius.-Tanuary 22, 315.
The same Augustus to Titianus.

Since very many persons by means of knotty and very
stout clubs force the public post animals, at the very beginning of their course, to use up whatever strength they
have, it is Our pleasure that no person at all shall use a
club in driving, but shall employ either a switch or at the
most a whip in the tip of which a short prick has been inserted, by which the lazy limbs of the animals may be
gently tickled into action, and the driver must not force the
animals to exert themselves beyond their strength. I. If
any soldier of advanced rank" should contravene this sanction, he shall be punished by the humiliation of demotion;
if a common soldier," he shall receive the penalty of deportation.
2.7
Given on the day before the ides of May in the year of the consulship of Sabinus and Rufinus.-May 14, 316.
3.10
The same Augustus to Acindynus, Praetorian Prefect.
The privilege of appropriating packhorses and supplementary posthorses shall be curtailed in the case of governors," fiscal representatives, and all other persons to
whom the State, on account of their position, furnishes subsistence allowances and food for their animals. i. Furthermore, We do not allow any extraordinary demand on the
provincials to be made by such persons unless their trustworthiness is recognized and urgent necessity so requires.
2. The public post is at the disposal of Your Gravity whenever a reasonable occasion may demand, and if it becomes
necessary for you to turn aside from the public highway
into a military road,12 for which there is no permit,'8 you
shall use the public packanimals, but moderately and temperately and only those that are necessary for your own use.
3. If the foregoing provisions should be disregarded, you
shall incur a brand on your status, and the governors"
shall sustain serious danger, since investigators'- have already been sent out with reference to this matter. 4. For
the nature of the evils that are being inflicted on the provincials can be conjectured also from the fact that for Our
expeditions, to which We are moved by Our concern for
the public welfare, scarcely twenty packanimals each 15 can
be furnished, in spite of elaborate and careful arrangements.
6 nznsio,
stage, stopping place, post station.

1. The official position of Titianus is unknown.
8 promotus.
9 munifex.
10 CJ 12, 50, 2. This is a constitution of Constantius.
11 praesides.
12 Or: into a frontier road, M.
1s evectio: Or: where there is no highway, no public post, the
interpretation of G., Thes. Ling. Lat., Pauly-Wissowa, DarembergSaglio.
7
CJ 12, 50,
14 exploratores.
1-5For each person of the imperial retinue or for each expedition.
Posted on the fifteenth day before the kalends of March in the

year of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.16-February15, 326.
4. The same Augustus to Menander.1

By trustworthy reports it has been learned that very
many persons are selling post warrants18 at a fixed price,
although such persons have requested these post warrants
ostensibly for themselves and for their own needs." Therefore, although hereafter such post warrants shall be rarely
issued and only to deserving persons, still all officials who
are anywhere obligated to the supervision of the public
post shall investigate whether any person may be intercepted in this sort of crime, so that both the buyer and
seller may be exiled by relegation to an island. Furthermore, those persons who have been ordered to enforce this
regulation shall suffer the same punishment as a penalty
for their collusion and negligence. i. However, it is not
illegal for any person who has the right to a postwagon 20
to associate someone with him for assistance, for the protection of his life and for undergoing the labor of the journey; for the latter action deserves lenience and cannot
escape the notice of the investigators,2 1 while the former
act shall be stricken with the punishment mentioned above.
2. The proconsuls, governors 22 of the provinces, prefects of vehicles, and all supervisors of the public post shall
be admonished with reference to the foregoing matter.
Given on the tenth day before the kalends of July in the year of
the seventh consulship of Constantine Augustus and the consulship
of Constantius Caesar.-June 22, 326(?).23
5. The same Augustus to Musonianus, Praetorian Prefect.

For some time now, orders' 4 of Our Clemency have been
in existence to the effect that governors22 of the provinces
shall be denied the right to issue post warrants, since great
damage would undoubtedly be inflicted upon the public
post if this license should be more widely extended. i.
Therefore We repeat the very law which We had formerly
approved, and We command that said governors shall be
admonished by letters issued by Your Authority, instructing them to hasten to obey Our orders.
Given on the eighth day before the kalends of August in the year
of the seventh consulship of Constantius Augustus and the consulship of Constantius Caesar.25-JUly 25, 354; 326.
6. The same Augustus to Magnus, Acting Vicar of the
Prefect. 26
By this interdict We forbid that any person should deem

that he may request packanimals and supplementary posthorses. But if any person should rashly act so presumptuously, he shall be punished very severely, and all the provincials shall be notified of Our command.
Given on the kalends of August in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius
Caesar.-August 1, 354.27
These were the consuls in 339, G.
18 angariae, postwagons; the right to use postwagons.
19 necessitates, needs, necessities; kinsmen, families.
20 copia angarialis.
21 explorantes.
22 rectores. The proconsul must prefix
the order of the Emperor
to his letters of notification, 8, 5, 7.
23 Probably issued by Constantius in 354, 8, 5, 5-6.
24 Not extant.
25 n. 23.
26 agens vicariam praefecturain, the same as vicarius,
vicar, since
the vicar was thought of as the representative (vicarius) of the
praetorian prefect.
16
17
2 8, 5, 4-5.
S195
The Public Post

7. Emperor Constantius Augustus to Olybrius, Proconsul
of Africa.
The exaction of supplementary posthorses has ruined
the patrimony of many persons and has fattened the avarice28 of some. Therefore, Your Excellency shall prefix
Our order and shall admonish the governors22 of the provinces that, with the exception of the secret service who are
customarily dispatched for the purpose of moving the
soldiery, if any other person should exact the use of a supplementary posthorse, neither he nor the person who furnished the horse shall escape with impunity.
Given on the third day before the nones of August at Antioch in
the year of the seventh consulship of Constantius Augustus and the
consulship of Constantius Caesar.-August 3, 354.29
8.30 The same Augustus and Julian Caesar to Taurus,

Praetorian Prefect.
Post warrants shall be demanded of all persons, no matter how distinguished they may be in rank, for no usurpation must ever be effective if it could bring ruin to the
animals of the public post. But if any person should suppose that he may offer resistance and if he should be detected in making a journey without a post warrant, We
command that he shall be detained wherever he is discovered, and his name shall be referred to Your Prudence and
to the Most Noble Musonius, Count and Master of Offices.
i. We ordain that only one thousand pounds of weight
may be placed upon a carriage8 1 two hundred pounds on
a two-wheeled vehicle, and thirty pounds on a posthorse,
for it appears that they cannot support heavier burdens.
2. Eight mules shall be yoked to a carriage, in the summer
season, of course, but ten in winter. We judge that three
mules are sufficient for a two-wheeled conveyance. 2. We
command that the supervisors3 2 of the districts shall administer all these regulations, subject to the statutory
penalty.
Given on the eighth day before the kalends of July at Milan in the
year of the ninth consulship of Constantius Augustus and the second
consulship of Julian Caesar.-June24, 357.3
9. The same Augustus and Caesar to Taurus, Praetorian

Prefect.
Your Admirable Sublimity shall know that no days shall
be added to the time limits of post warrants, 4 nor shall
you indiscriminately issue post warrants with subsistence,85
for the use of carriages, or simple post warrants for the
use of two-wheeled conveyances. i. We forbid Your Sublimity to assign post warrants or issue them to the members
of the secret service. For We consider that said persons
will find sufficient those post warrants that are furnished
to them by Us or by the masters of offices, at the command
of Our court,36 after due consideration.
28 The corruption of imperial officials was notorious, and they
devised many methods of oppressing the provincials, n. i.
29 In the year of the tenth consulship of Constantius Augustus and
the third consulship of Julian Caesar (360), M. Cf. Seeck, Regesten
74; CIL 8, 1860; 8, 5334.
30 CJ 12, 50, 3.
reda, carriage, truck.

82 praestituti.
3 In 360; CIL 8, i86o. Since Constantius left Milan April 28, 357,
M. suggests 356 as the date of this constitution.
34 evectiones, post warrants providing for transportation only.
85 tractoriae,post warrants providing for transportation, food, and
lodging.
36 sufficient those which are furnished to them as necessary by Us
or at the command of the master of offices at Our court, M.
31
196
Given37 on the eighth day before the ides of December at Milan in

the year of the ninth consulship of Constantius Augustus and the
second consulship of Julian Caesar.-December 6, 357.
10. The same Augustus and Caesar to Flavianus, Procon-
sul of Africa.
To no person hereafter shall animals of the public post
be furnished for a private conveyance"3 nor shall the right
to grant this privilege be left to the muledrivers, but it
shall entirely cease.
Given39 on the sixth day before the kalends of November at

Sirmium in the year after the ninth consulship of Constantius Augustus and the second consulship of Julian Caesar.-October 27,
358.40
ii. The same Augustus to Helpidius, Praetorian Prefect.

When any legion is proceeding to its destination, it shall
not hereafter attempt to appropriate more than two postwagons, and only for the sake of any who are sick, and for
each wagon they shall obtain only two yoke of oxen. i. If,
after the issuance of this law, any person should employ 4'
a greater number, he shall know that he will incur the
severest reprimand.
Given on the sixteenth day before the kalends of December in the
fourth year of the indiction.-November 16, 360.42
12. Emperor Julian Augustus to Mamertinus, Praetorian

Prefect.
Since the public post has been prostrated by the immoderate presumption of certain persons and by the great number of post warrants which the authority of the vicars and
the offices of the governors with the rank of praeses and
consular do not cease to extend,43 We are compelled to
undertake the supervision and the administration of this
matter, and We deprive all other persons of the right to
issue post warrants. i. Therefore, no person except you
shall henceforth have the right to issue any post warrant.
2. But in order that the public needs may be filled, I Myself shall grant to each vicar ten or twelve post warrants
that have been written out by My own hand, and Your
Sublimity shall issue to each governor" two post warrants
annually, by means of which said officials for necessary
reasons may be able to dispatch their own apparitors to
separate and remote parts of the provinces. 3. But to each
of these persons Our Clemency will also grant one post
warrant, that they may be able to refer matters to Us when
necessity requires this to be done.
Received on the eighth day before the kalends of March at Syracuse in the yaar of the consulship of Mamertinus and Nevitta.February 22, 362.
13. The same Augustus to Mamertinus, Praetorian Prefect.

In accordance with the recommendation" of the count
and of the supervisors of the largesses," whenever the
3 Probably received or posted, since Constantius was in Illyricum
at this time.
U8subjunctoria, trailers. Or: To no private person
supplementary draft animals (subjunctoria) of the public post be furnished, M.
3 Probably received or posted.
40 The date is suspect, M.; II, 36, 4.
41 movere, move, set in motion, employ.
42 1, 7, 1, n. 2, M. The fourth year of the indiction was September
I, 360-September I, 361.
43prorogare,may mean to extend the time limits of post warrants,

or else to continue their issuance.
4 suggestio, official report, with recommendations.
4 The provosts of the largesses; 8, 5, I8.
8-5-18
The Public Post

vicar may be absent, the governors2 2 of the provinces must
issue adequate post warrants for the delivery of the payments in kind to the account of the largesses. Your Sublimity shall not delay to notify all the governors 2 of this
regulation.
Received on the twelfth day before the kalends of July in the year
of the consulship of Mamertinus and Nevitta.-June 20, 362.
14.4'
The same Augustus to Mamertinus, Praetorian Pre-
fect.
If any person, contrary to the annotation of Our hand,
should suppose that he may appropriate more posthorses
than his post warrant prescribes, it will appear that he has
committed a capital offense, and if on account of urgent
necessity he may not be detained, yet his identity must be
reported, first to your judgment and then to the knowledge
of Our Serenity.
i. Although it is easy to understand and to distinguish
what is meant by a supplementary posthorse,4 7 nevertheless, in order that a perverted interpretation may not perchance give another meaning, Your Sublimity shall know
that when any person appropriates one or two posthorses,
which alone are prescribed by his post warrant, and then
employs in excess of the prescribed number a second or a
third horse, such additional horse appears to be and must
be considered a supplementary posthorse. 2. However, it
shall not make any difference, nor shall it be called a crime,
whether a member of the secret service should do this to
effect 48 his own journey or that of the muledriver, provided he does not exceed the general regulation and the
license of the post warrant which has been granted to him.
Given on the fifth day before the ides of September in the year
of the consulship of Mamertinus and Nevitta.-Septenber 9, 362.
15.49 The same Augustus to Avitianus, Vicar of Africa.

The organization of the supervisors of the public post
shall be contained in the regulations issued by the proconsul. 50 However, no person shall be of such marked audacity
that he shall dare to move supplementary postwagons of
the public post or supplementary posthorses in the municipalities to the highway." Thus52 the marble of private persons may not be transported by the vehicles of provincials,53
and as a consequence the patrimonies and fortunes of the
provincials shall not be ruined by the unnecessary adornment of houses.
Given on the seventh day before the kalends of November at
Antioch in the year of the fourth consulship of Julian Augustus and
the consulship of Sallustius.-October 26, 362; 363. 5

In the province of Sardinia, in which it appears that almost no travel by means of posthorses and supplementary
posthorses is necessary, We decree that the aforesaid post
service shall be completely abolished, lest thereby the
50, 4.
4 parhippus.
48 Or: should add such a horse, reading subjungat dum, G.; he
should provide for his own comfort or that of the muledriver by
joining, M. The text is suspect.
49 CJ 8, 10, 7.
50 The proconsul regularly means the proconsul of Africa, which
was known as the proconsular province, though there were also
proconsuls of Achaea, Asia, and Palestine.
51 canalis. Some see here a reference to the canals; cf. 6, 29, 2.
52 The full thought is: It is Our will that thus the marble ...
53 Supplied by the provincials to the public post, n. i.
46
54
CJ
II,
12,
28,
I;
15, 3, 2.
fortunes of the provincials should be completely ruined,

since it is especially the common country folk, that is, the
country districts, that bear this burden, contrary to the
honor of the State. i. Therefore, Your Excellent Authority shall impose upon the gubernatorial office staff the necessity of undertaking the maintenance" of such travel, or
certainly, if they should consider this burdensome, they
must use their own animals whenever public necessity may
impel them to travel through the province. 2 (1).
Of
course, the employment of wagons of the public post for

the transportation of public supplies which are being delivered at the various ports must not be abolished. 3. Accordingly, after you have considered the necessities of the
situation, in accordance with the location of the various
districts and the nature of the roads, you shall decree as
great a number of postwagons to be allocated as you deem
necessary, after employing the fullest deliberation.
Given on the seventh day before the kalends of December at Antioch in the year of the fourth consulship of Julian Augustus and the
consulship of Sallustius.-November25, 363.56
17. Emperors Valentinian and Valens Augustuses to Menander.17

We shall allow nothing beyond a thousand pounds of
weight to be placed on vehicles, and thus couriers57 shall be
satisfied that We grant them the right to transport thirty
pounds on their horses. Therefore, if it should be established that any load exceeds this measure, the excess must
be confiscated to the fisc, at the expense of the person who
committed this offense against the law. i. We also decree
that it shall be sanctioned that the use of enormous vehicles
shall entirely cease, so that if any workman should suppose that he might make a vehicle beyond the norm that
We have prescribed, he shall not doubt that if he is free,
he must undergo the punishment of exile; if a slave, perpetual punishment by labor in the mines.
Given on the day before the ides of March at Milanss in the year
of the consulship of the sainted Jovian and of Varronianus.69March 14, 364.
18. The same Augustuses to Mamertinus, Praetorian Prefect.

If at any time a provost of the largesses should recommend that necessary public supplies should be transported
and if he should submit a list of the various supplies for
which a permit"0 for the use of vehicles is requested, the
suitable post warrant shall be furnished by the governors
of the various offices.61 I. Your Sublimity shall also command that with every precaution the regulation must be
observed that on each wagon not more than two men, or
three men at the most, may be conveyed, and only those
men who are proved to be custodians and official escorts of
the supplies that have been dispatched.
Given on the third day before the ides of May in the year of the
consulship of the sainted Jovian and of Varronianus.-May 13, 364.62
15
the necessity of abolishing the maintenance, M.
1,
22, 3, n.
15.
veredarii, official couriers, especially imperial couriers.

58 At Nicomedia, G. Valentinian was not at Milan on this date.
9 In the year after the consulship of the sainted Jovian and of
Varronianus, Seeck, Regesten 70.
60 subvectio.
61 Praesides diversorum ofliciorum, the governors of the provinces, G.
627, I, 5; 8, 4, 8; 12, 1, 58.
57
197
8'5 .19
The Public Post

City.
Your Magnificent office shall appropriate the authority
to issue post warrants only in public matters. But great
caution must be exercised lest a poorly considered facility
in the issuance of post warrants should begin to threaten
the vitals of the State, so that as a consequence of excessive annoyance therefrom, We may be forced to repent
this concession.
posthorse or packhorse; no person shall appropriate such

a horse with impunity, unless, by the judgment of Our
Serenity and under the compulsion of some necessity, an
addition should be made to the text of his post warrant by
the Illustrious master of offices.
Given on the ninth day before the kalends of July63 at Philippopolis in the year of the consulship of the sainted Jovian and of
The same Augustuses to Mamertinus, Praetorian

Prefect.
For the supervision of the heavy transport service of the
public post, persons shall be selected from that class of men
in the provinces who are supported by imperial letters patent entitling them to the rank of count or governor," or by
honorary letters entitling them to the rank of fiscal accountants, 7 6 and who thus remove themselves from the
performance of service in all municipal and State offices.
From this burden, however, those persons shall be exempted who through the respect that they have gained by
their duties as members of delegations77 have attained an
honor bestowed upon them by the judgment of the Emperor as a special grant of imperial favor and assigned to
them by the Emperor himself. Those also shall be exempted who have been presented with an honorable discharge after the completion of their service in the palatine
offices.
i. Moreover, such supervisors shall be established at each
post station or even farther apart, as Your Sincerity may
deem that their supervision should be extended. If in the
performance of this duty they should neglect anything or
anything should be done contrary to the regulations, such
misconduct shall redound upon them as a crime and a disgrace. 2. Moreover, We leave to the discretion of Your
Excellency the official determination of the length of time
that each person must sustain the burden of this service
that is enjoined upon him. 3. Said supervisors must inspect
with exceedingly careful vigilance the post warrants of
travelers and supply the provender to the animals, as has
been provided by Our fisc.
Varronianus.-June23, 364.
20. The same Augustuses to Florianus, Count of the Privy
Purse.
In accordance with the wisely considered law6 4 of the
sainted Julian, judges shall lend the competent assistance
of post warrants for the transport of the necessary supplies
of the largesses. i. This regulation also is added, that no
burden more weighty than the fiscal needs require shall be
superimposed on public vehicles, since, indeed, the regulations prescribe that not more than two men, or three at the
most, shall ride on any one vehicle.
Given on the day before the ides of September in the year of the
consulship of the sainted Jovian and of Varronianus.-September
12, 364.
21. The same Augustuses to Artemius."

By a competent regulation We prohibit the supervisors
of the service 6 6 from exercising a new kind of robbery and
fraud, in that for wheel wear and for services7 they are
demanding money from those who furnish the postwagons.
Therefore, the furnishers of wagons shall suffer no expense for wheels and for wagons."
Given on the third day69 before the kalends of October at Aquileia

in the year of the consulship of the sainted Jovian and of Var'ronianus.-September29, 364.

City.71
Your Laudable Sincerity shall admonish all judges that
they shall not permit any person to pass until they have inspected the complete text of his post warrant and have dismissed him with a suitable stamp of approval.72 1. Indeed,
if any person of any high rank whatever should trample
Our orders beneath his feet, he shall be detained until a
complaint with reference to his case is dispatched to Our
Clemency, and punishment shall not fail. 2. Furthermore,
appropriate punishment shall be immediately inflicted upon
those persons who Your Sincerity deems shall be punished
in that place, with due consideration for their rank and
grade in the imperial service. 3 (1). We add this provision
also, namely, that no person shall receive a supplementary
63 On the eighth day before the kalends of June; 15,
64 8, 5, 13. Cf. Min. Sen., n. 24.
1, II; 7, 4,
10.
65 Governor (Corrector) of Lucania and Bruttium, 8, 3, 1.
66 qui familiae praesunt. The familia seems to be an organized
group of the employees of the public post, 7, 4, 28, n. 68.

37 trituraac ministeria.
68 Or: for wheels and for services to wagons, M.
69 The thirteenth day before the kalends of October, I, 16, 9;
6, 35, 6; 8, 3, I.
70 CJ 12, 50, 3.
71 Volusianus was Vicar of the City of Rome in 365, I, 6, 5; but he
could not have functioned at Venafrum, and the constitution could
not have been received March 29 and published February 18, M.
72 subnotatio, a kind of visa.
3
in a letter on the twelfth day before the kalends of
Delivered7
March at Rome.-February 18. Received on the fourth day before
the kalends of April at Venafrum74 in the year of the consulship of
Valentinian and Valens Augustuses.-March 29, 365(f).
23.7
Given on the sixth day before the ides of March at Milan in the
year of the consulship of Valentinian and Valens Augustuses.March 10, 365.
24. The same Augustuses to Bulephorus, Governor"7 of

Campania.
It has been learned that some persons are guilty of the
following practice, namely, that if perchance the animals
that have been assigned to their vehicles should be lacking," they appropriate for the carriages which they are
using a number of posthorses that are being employed for
some other need. i. Such license must be completely prohibited by the supervisors of the districts, so that if there
should be any person who exceeds the general rule of Our
sanction, of whatever high rank he may be, such person
shall be forced to halt and remain until the return of the
animals with which he may complete his journey.
7 prolata, published, delivered. G. conjectures: praelata, prefixed
to a letter.
7 According to the conjecture of G. The manuscript reads
Venabri.
7 8, 5, 65.
76 rationes.
7 Delegations sent by the provincials to the Emperor, 12, 12.
7 Consularis.
7 defecta animalia, lacking, defective, inadequate animals.
198 1
The Public Post

Given on the ninth day before the kalends of April at Milan in
-March 24, 365.
The same Augustuses to Symmachus, Governor' of

Lucania and Bruttium.
It has been learned that the presumption of certain persons in digressing from the customary highway is running
riot, to the ruin of the public post. i. Henceforth if any
person while making a journey, of whatever high rank he
may be, such as a member of the imperial service, should
turn aside five hundred paces from the direct highway,
competent punishment shall be inflicted upon him, and his
case shall be referred to Our knowledge.
25.8o
Given on the eighth day before the kalends of April at Milan in

the year of the consulship of Valentinian and Valens Augustuses.March 25, 365.

By a very clear law8 2 We have decreed from what class
of men supervisors of the heavy transport service of the
public post shall be appointed. If such persons are not
available in the number necessary for the aforesaid compulsory public service, decurions shall be chosen for this
duty. 3
Given on the sixth day before the kalends of May in the year of
the consulship of Valentinianand Valens Augustuses.-April 26, 365.
27. The same Augustuses to Fortunatus, Governor7 8 of

Lower Pannonia.8 4
Your Gravity shall know that neither shall an excessive
number of supplementary posthorses be sent out nor shall
any person be granted the right to travel after the expiration of his post warrant. In this matter, moreover, We do
not consider it necessary to admonish you that no person

whatever shall employ the public post without the authority
of a post warrant.
Given on the fifth day before the kalends of June at Milan in the
year of the consulship of Valentinian and Valens Augustuses.-May
8*5-32
86
Given on the fourth day before the nones of December at Trier

in the year after the consulship of the Most Noble Lupicinus and
Jovinus.-December2, 367; 368.
to Viventius, Praetorian Prefect.

We clearly sanctioned 7 that in the wagonbeds of carriages" no person should exceed the measure prescribed
below, that is, no person should dare to place a burden of
more than one thousand pounds on a carriage, or more
than one thousand five hundred pounds on a post wagon,
or more than thirty pounds on a posthorse. i. Therefore,
We have delivered written instructions to the Illustrious
masters of the horse and foot that they should station
watchful and diligent members of the imperial bodyguard
throughout the places which should be furnished with
guards for the enforcement of this regulation, so that they
may always inspect the size of the vehicles and the amount
of the loads and may not allow anything to be done contrary to this law. 2. Furthermore, if any person should be
found to have exceeded the limits prescribed by this law,
by the excessive size either of his vehicle or of the burden,
no matter what class or high rank he may allege, or how
much the burden is proved to have exceeded the statutory
limit, he shall be detained in the custody of the imperial
bodyguard who detected such arrogance, until a reference
to Our Clemency may be dispatched with respect to said
person who held Our interdict in contempt.
Given on the ninth day before the kalends of October in the year
of the consulship of Valentinian Augustus and the second consulship
of Valens Augustus.-September 23, 368.
31. The same Augustus to Cataphronius, Vicar of Italy.

Your Sincerity shall provide" that no person shall remunerate any muledriver, wagoner, 0 or veterinarian assigned to the public post, since according to public regulations they obtain subsistence allowances and clothing,
which We believe should be sufficient for them. (Etc.)
Given on the eighteenth day before the kalends of September at
Trier in the year of the consulship of Valentinian Augustus and the
28, 365.
third consulship of Valens Augustus.-August 15, 370.91

The same regulations"' that are helpful to Gaul shall redound to the advantage of Illyricum and the regions of
Italy, namely, that a carriage shall not convey more than
one thousand pounds and that one thousand five hundred
pounds shall be sufficient for a post wagon, and no person
shall place more than thirty pounds upon a posthorse.
32." The same Augustuses to Ampelius, Prefect of the
86
Dispatched
from Sirmium on the fifth day before the kalends of
January in the year of the consulship of Valentinian and Valens
Augustuses.-December 28, 368.
29. The same Augustuses to Domnus, Governor of Sicily.

A supplementary posthorse may be taken only by those
persons to whom We Ourselves have ordered a posthorse,
with a supplementary posthorse, to be assigned in accordance with the post warrant which We issue. But if any
person, without the special grant of Our annotation should
presumptuously exact such a privilege, he shall be subject
to the severest punishment.
8, 5, 23.
8 Reading munus with Cujas. If minus is read with the manu-
so CJ 12, 50, 5.
8 Corrector.
82
script, it should be translated: Decurions shall not be chosen.

84 Pannonia Secunda.
85 Cf. 8, 5, 17.
86 Received or posted, 7, 4, 16.
City.
Our Serenity bountifully grants to the Senate the right

to use post warrants whenever there may be any necessity
for them to come to Us. i. For if the unimpaired perpetuity granted to the acclamations of Our Roman people and
to other ancient and solemn customs is being preserved
and if the right to the use of post warrants is not denied
to the provincials also, whenever they consider 93 it advantageous, so that they may obtain such post warrants and
hasten to Us, how much more must the right to this choice94
be conferred upon those persons whom We very often desire to see, on account of the merits of Our Confraternity ?9
Given on the third day98 before the ides of December at Trier in
the year of the second consulship of Gratian Augustus and the consulship of Probus.-December II, 371.
878, 5, 17; 8, 5, 28.
* Or: in the wagonbeds or on posthorses, M.

**Reading faciat.
90 carpentarius, wagoner,
wagon maker.
coachman,
wheelwright,
carpenter,
91 11, 10, 2.
92
93 Or: when We consider, M.
94 To use post warrants.
9 collegium.
CJ
12, 50, 6.
96 9, 16, lo.
E 199
8.5-33
The Public Post

97
33. The same Augustuses to Constantius.

Your Sincerity shall have the authority to issue post
warrants, even for use through the other provinces, but
only for the transport of clothing,9" so that if perhaps the
vicar should not be on the way" when such clothing is being transported, no delay may be occasioned. At any rate,
when the aforesaid vicar happens to be delayed, he shall
allow your post warrants to pass or else he shall himself
issue other new post warrants instead. This indeed is established according to the arrangement employed in the transportation of gold and silver, for in that case, of course, no
obstacle is brought forward against your post warrants, so
as to prevent the arrival at its appointed destination of that
which has been sent. i. Moreover, the aforesaid military
clothing shall be transported all the way to those places
where the soldiers themselves are stationed. For the soldiers
must not be led away even for a short distance from their
sentry posts that have been entrusted to them for the public welfare. 2. Therefore, the clothing that is dispatched
from the provinces shall be of such a kind that on inspection and before it is moved, it cannot fail to satisfy Your
Gravity.
Given on the sixth day before the ides of July at Robor in the
year of the third consulship of GratianAugustus and the consulship
of the Most Noble Equitius.-July 10, 374.
34100 The same Augustuses 0 1 to Hesperius, Praetorian
Prefect.102
Although 0 3 in all other provinces a fourth part of the
posthorses is replaced, in the proconsular province"0 only
so great a supply shall be furnished as is demanded by necessity; also if any of this supply should not be exhausted,
the surplus shall not be considered as a payment due, and
it shall not be demanded from the provincials. For We do
not doubt that more than one fourth is unnecessary for the
replacement of animals.
i. Besides at each changing station"o' We consider that
one muledriver is adequate for each three posthorses.
2. Indeed, it is contrary to reason that the stables should
be furnished at State expense, since We consider that they
can be more expeditiously and more advantageously furnished at the charge of the provincials. 3. Now, indeed, it
appears that the service of supervision of the post should
not be drawn from the members of the municipal senates or
magistrates, but from the members of the proconsular
office staff who have been presented with discharges, or
else from the members of other office staffs who appear to
be of adequate means and to have been honorably discharged from service. For this arrangement is not unjustifiable, since this custom is also observed in the suburbicarian districts. 0 5
Given on the third day before the kalends of March at Trier in
the year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-February27, 377.
9 For State purposes.
9 To his station. If non is omitted with M.: if perhaps the vicar
should be on a journey.
9
1T,
15, 8;
CJ
35.106 Emperors Valens, Gratian, and Valentinian Augus-
tuses to Auxonius, Praetorian Prefect.

Never from any town or populous municipality, post
station, or village shall more than five posthorses be dispatched in one day, and if any of those persons who are
called provosts or supervisors, or those persons who by any
other name manage the public post, should allow this prescribed number to be exceeded, such persons shall be punished very severely by the authority of Your Sincerity. If
they are in the imperial service, they shall suffer dismissal;
if they are decurions or supervisors, they shall be punished
with exile by relegation for one year. Furthermore, if any
person should contrive to exceed the number prescribed
above, of whatsoever honor or name he may be, he shall
be fined five pounds of silver for each posthorse that he has
illegally appropriated. i. If, however, a major necessity
should so require, We command that more than the customary number of posthorses may be employed by those
persons who prove that they are bearing sacred imperial
letters or that they have an annotation in their post warrants, that for some reason they are commanded to proceed with great urgency. But such annotations must be
written by letters either of the Respectable master of offices
or of Your Sincerity, indicating that an evident reason
exists for exceeding the prescription of the law.
2. In the case of vehicles also it is Our will that the following regulation shall be observed, namely, that no carriageo' . . . in number shall be dispatched. If Your Sublime Authority should observe that such a crime is committed in contravention of this prohibition, you shall severely restrain the misdeed, in accordance with your own
initiative.
Given on the twelfth day before the kalends of May at Trier in
the year of the sixth consulship of Valens Augustus and the second
consulship of Valentinian Augustus.-April 20, 378.
36. Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius, Praetorian Prefect.
The duty of supervision of the public post shall not overhang the supervisors beyond a lustral period, 0 and no one
of them shall be allowed to depart from a changing station.o for a period of more than 09 .
102 Proconsul of Africa? Cf. I, 32, 20.

103 Reading quamquam.
104 mutatio, a relay station where horses were changed.
105 suburbicariae regiones, central and southern Italy, as being
under direct control of the City of Rome.
200
within a period of
Given on the third day before the kalends of March at Trier in

the year of the consulship of Syagrius and Eucherius.-February
27, 381.
37.1o The same Augustuses to Palladius, Augustal Prefect.
If any person, with shameful plundering should wish to

appropriate or tear the cloak of one of the grooms, of whatCJ
12, 50, 8; Lydus, De Mag. 3, 10 (3, 40).

Corrupt text.
108 This onerous burden, a compulsory public service, shall not
threaten their peace of mind after the prescribed period of five years
of compulsory service, 8, 5, 42.
109 Some number, such as biduo, two days, has fallen out, M.
106
12, 50, 7.
101 Emperors Valens, Gratian, and Valentinian.
..
thirty days. But if any of them should remain absent beyond the prescribed number of days from the station which
he has received, he shall be punished with the capital penalty. After the period of five years has elapsed, We command that the honor of Most Perfect shall await said
supervisors, and We encourage them by granting them
exemption from the performance of all other compulsory
public services, so that with prudent fidelity and integrity
they may undertake the period of service imposed upon
them.
107
110 8, 5, 50.
8-5-45
The Public Post

soever high rank the malefactor may be, you shall order
him to be detained without any exception, so that when his
name has been referred to Us, We may more suitably decide what judgment should be rendered as to his contumacy.
Given on the day before the ides of May at Constantinople in the
year of the consulship of Antonius and Syagrius.-May 14, 382.111

Whenever a vicar sets forth on a journey, only thirty
asses and ten posthorses shall be employed. If this regulation should be held in contempt, his office staff"11 shall deservedly be subjected to a fine of fifty pounds of gold.
i. The following regulation shall also be observed in a
similar manner, namely, that no person shall vindicate to
himself the right to issue post warrants.
Given on the eighth day before the kalends of May at Constantinople in the year of the consulship of Antonius and Syagrius.April 24, 382.111

If any person after retirement from a high civil or military honor should wish to devote himself to leisure, he
shall not proceed anywhere, relying on the use of a post
warrant, until he has set forth his reasons,a'3 has consulted
Our Majesty, and has likewise received the authority to
use the public post. i. But We deprive all other persons of
the fruit of any surreptitious impetration, even if by a rescript of such tenor they have elicited the right of further
travel by means of the post.
for post warrants and payments... for the use of asses of

the public post.
20
Posted at Beirut. Given on the twelfth day1 before the kalends

of October in the year of the consulship of Antonius and Syagrius.
-September
20, 382.
42. The same Augustuses to Constantianus, Vicar of the

Diocese of Pontus.
We exempt apparitors from the tax payment for replacements, 12 1 and when suitable post supervisors have been
appointed, We command that they shall serve a period of
five years.
Given on the third day before the kalends of January at Constantinople in the year of the consulship of Antonius and Syagrius.
-December 30, 382.

Those persons who previously have lacked the right to
issue post warrants shall helpl 2 2 the State by their continued abstinence, as those who have been granted such
right shall do by their moderation in issuing such warrants.
For the Illustrious masters of the horse and foot, who have
lacked such power of usurpation, will abstain much more
patiently in the future, since they also love the State and
since they observe that in matters pertaining to the common
welfare, one must live according to Our ways.
Given on the kalends of February in the year of the consulship of
Richomer and Clearchus.-February1, 384.123
44."'2 The same Augustuses to Cynegius, Praetorian Pre-
Given on the seventeenth day before the kalends of August at Constantinople in the year of the consulship of Antonius and Syagrius.
fect.
-July 16, 382.
warrant, even though he may have been able to impetrate

such right, but those persons shall be excepted who have
been made Illustrious by the attainment of the most exalted administrative posts and who have been exalted by
the glory of the office of master of the horse and foot, provided, however, that such persons have actually held office
and thus served the State and have not been assisted only
with the support of an honorary title. Of course, this prerogative is subject to the limitation that when the aforesaid persons once attain their own desired goal,126 they
shall not have the authority to use such post warrants unless they again consult Our Clemency and obtain the benefit
of a second indulgence, even though such persons should
be returning to their own lares after their retirement from
their administrative posts.
40.114 The same Augustuses to Florus, Praetorian Prefect.
We deny to all judges' the right to issue post warrants,

since this privilege must be reserved exclusively for Our
Divinity and for Your Authority.""6 For judges in accordance with their own judgment shall grant the right to
travel only to those persons who they see have been appointed as official escorts for the transport of the property
of the largesses. Said judges shall know that if they should
exceed Our limitation, they shall be fined twenty-five
pounds of gold, and their office staffs... fifty pounds.
i. Of course, in order that there may also be moderation
in travel, We prescribe that only six posthorses and one
carriage may be dispatched on any one day.
Given on the tenth day before the kalends of August at Constantinople in the year of the consulship of Antonius and Syagrius.
-July 23, 382.
41.118 The same Augustuses to Philagrius, Count of the
Orient.
By the establishment of the harsh threat of capital punishment for both buyer and seller, We prohibit contracts
No private citizen... shall have the right to use a post
Given on the sixth day before the nones of March at Constantinople in the year of the consulship of Richomer and Clearchus.
-March 2, 384.

In accordance with the former regulation 2 7 of Our Serenity, no member of a military service unitl28 shall presume to appropriate more than one or two postwagons.
119 A form of bribery, n. i.
111 The date is doubtful, since 8, 5, 38 is dated earlier than 8, 5, 37.

112 Observe that the members of the vicar's office staff are punished, rather than the vicar, since the vicar would ordinarily be only
an influential politician, while the members of the office staff were
career men in the public service and were required to know the law.
They were also required to advise the vicar and to warn him if he
should undertake to commit any act contrary to law, I, 6, 9, n. 33.
113 In a petition to the Emperor.
'14 CJ 12, 50, 8-9.
115 Judges ordinary, the governors of provinces.
116 The praetorian prefects.
117 The members of the office staff are punished more severely
than their superior, n. H2.
118 CJ 12, 50, Io.
Posted at Beirut on the twelfth day, M.

Of animals for use in the public post.
122 Reading proficiant with G. Or: shall provide
for the State, M.
123 In the year after the consulship
of Richomer and Clearchus,
Seeck, Regesten 72. A comparison with the other constitutions
issued to praetorian prefects in 384 would indicate that at least the
month is incorrectly given and the date should be toward the end
of 384, M.
120
121
124
CJ
12, 50, II.
Privatus, in this case anyone except the Emperor.

126 The end of their service.
127 Not extant.
128 numerum, shortened form of numerorum.
Or: no service unit
shall presume ...
125
201 J
8-5-45
The Public Post
Given on the fourth day before the ides of April at Constantinople

in the year of the consulship of Richomer and Clearchus.-April 10,
384.129
46. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, 130 Praetorian Prefect.
The veterans 3' of the various office staffs shall render
their due service as supervisors of the public post, even
though, after retirement and contrary to the provision of
the law,13 2 they should either obtain an honored rank or it
should be proved that through patronage they have aspired
to the position of honorary patrons"' of their municipal
councils, or to the association and union of the Laurentes,'1 4 or to the patronage of the decury of Hercules."'
i. But in the case of those persons who have acquired
not earthly, but heavenly privileges, We sanction that the
following rule shall be observed, namely, that if anyone of
this class of persons is already held by the bonds of sacrosanct religion and the post supervisorship is not able to
obtain his services, the public post shall acquire his property.
Given on the fifth day before the ides of April at Milan'35 in the
year of the first consulship of Arcadius Augustus and the consulship
of the Most Noble Bauto.-April 9, 385.
47.186 The same Augustuses to Cynegius, Praetorian Pre-
fect.
A weight of one thousand pounds shall be loaded upon
a postcarriage and of not more than six hundred pounds
on a cart, with the additional provision that gold and all
other supplies of the largesses shall be conveyed, not on
vehicles selected according to the desire of the official
escorts and tax receivers, but on vehicles that are suitable
for the burden and weight. Of course, under the threat of
capital punishment, they shall not be permitted to place on
these vehicles any private burden, otherwise than is prescribed by Our law. 27 With the exception of those persons
who are added by necessity as official escorts, they shall not
be allowed to contract for the conveyance of others for
hire, 37 as though by holding an auction.
i. Since also the management of the posthorses must be
treated in a similar way, the saddle and bridle shall not
exceed sixty pounds in weight, and the saddlebags shall not
exceed thirty-five pounds, with the provision that if any
person should exceed the weight limits prescribed by the
imperial moderation, his saddle shall be cut into bits and
his saddlebags shall be assigned to the account of the fisc.
Given on the fifteenth day before the kalends of July at Constantinople in the year of the first consulship of Arcadius Augustus and
the consulship of Bauto.-June 17, 385.

If gold or silver of the sacred imperial largesses should
be dispatched to Our court, one carriage shall be loaded
with five hundred pounds of gold or with one thousand
pounds of silver. But if it is the gold or silver of the privy
purse, each carriage shall be loaded with three hundred
pounds of gold or five hundred pounds of silver.13 s I. Be129 7, 1, 12.
130
Neoterius, G.
131 veterani, emeritus members, those retired from active service.

132
8, 5, 45.
honorariuspatronatus; 12, I, 61.

See Glossary.
135 The place cannot be reconciled with the inscription, M.
136 CJ io, 50, 12.
137 Or: of others with themselves, as though, M.
138 The reasons for these differences are not clear.
133
134
sides, for each carriage there shall be two palatines as

official escorts, together with three slaves, and they shall
have fifty pound saddlebags and cloaks whereby they may
be properly protected, according to the needs of the journey. If any equipment should be found to exceed the prescription of Our Serenity, it"'9 shall be immediately dispatched to Our Court. 2 (1). Linen and cloaks, with which
heretofore the carriages customarily have been loaded, shall
no longer be dispatched by carriages but by postwagons or
by boats, and if any such supplies should be found anywhere, they shall be consigned to the treasury of that city
in which they were apprehended, to be forwarded by postwagons when there shall be an opportunity. But the other
delicate garments and the linen for cloaks that are necessary for the use of Our household shall be sent by carriages with a weight limit of one thousand pounds.
Given on the fourth day before the nones of March at Constantinople in the year of the consulship of Emperor Designate Honorius
and of the Most Noble Evodius.-March 4, 386.
49. The same Augustuses to Caesarius, Master of Offices.

The governors of provinces shall inspect the post warrants, from whatsoever region the travelers may come, and
for the service of their vehicles they shall allow counts to
employ four posthorses with a supplementary posthorse,
tribunes of soldiers, three posthorses each. All other persons, members of the household guard, the imperial bodyguard, and secret service shall be allowed to use only two
posthorses each.
Given on the third day before the nones of September at Valence
(Valentia)140 in the year of the consulship of Timasius and Promotus.-September 3, 389.141
50.142 The same Augustuses to the Praetorian Prefects.

We do not allow grooms to be harassed by the unseemly
spoliation of those who use the posthorses, since, indeed,
some of the couriers51 are said to be taking away the cloaks
of said grooms. i. Therefore, through the services of all
the judges and the confidential agents, this miserable outrage shall be abolished, and all men shall know that if Our
sanction is not observed, the person who disregards it shall
be forced not only to repair the damage but also to undergo
the brand of infamy and to pay a fine; and if any person
should be detected as guilty of robbing the grooms of their
cloaks, such person shall be detained and his name shall be
referred to Our Clemency.
Posted on the fifteenth day before the kalends of July at Trier in
the year of the fourth consulship of Valentinian Augustus and the
consulship of Neoterius.-June 17, 390.
51.'4 The same Augustuses1" to Potamius, Augustal Prefect.

The supervision of the public post, as instituted by
ancient custom, shall be assigned to decurions individually
139 Possibly the offender who is guilty of such conduct.
14 G. saw that 8, 5, 49; II, I, 22, and 12, I, 113 were all issued at
the same place and on the same day, but the first bears the date 389,
the second and third 386; the place of issue must have been in the
eastern part of the Empire, as is seen from the mention of Caesarius
and Cynegius, and was probably Melanthias, between Heraclea and
Constantinople, where Theodosius could have easily been in the
autumn of 386, but not in 389, M.
141 Probably 386. Cf. II, I, 22;
12, I, 113.
142 8, 5, 37; CJ 12,
50, 13.
143 CJ 12, 50, 14. The decurions must provide for the supervision
and maintenance (exhibitio) of the public post.
144 Should be: Emperors Theodosius and Honorius.
E 202 ]
The Public Post

throughout the municipal councils, after due consideration
has been given to the nature of the districts, of the inhabitants, and of their resources.
Given on the third day before the kalends of August at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-July 30, 392.

By the authority of this law, Your Sublime Magnitude
shall restrain the license of issuing post warrants, which
has been usurped by the counts of the Egyptian border, to
the ruin of the public post.
Given on the seventh day before the kalends of August at Constantinople in the year of the third consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Abundantius.
-July
26, 393.145

Whereas, We have learned that certain persons have
stealthily removed animals belonging to the public post, it
is Our will that such animals shall be sought out and restored through the services of the muledrivers and supervisors of the post. Therefore, unless these animals should
be brought back through the efforts of the muledrivers and
supervisors, opportunity shall not be denied for diligent
search and a full investigation. When by undeniable evidence it shall be found that the public post has been harassed by unlawful usurpation, We decree that a fine of
fourfold their price shall be paid for such animals that
have been taken in excess of the number permitted.1 7
i. In order that the same kind of crime may not be committed in the future also, We command that if any person,
even for one changing station-4 should suppose that he
may take a posthorse, a mule, or an ox in excess of the
number prescribed,14 7 he shall pay the aforesaid fine to the
Given on the fifteenth day before the kalends of April at Milan
in the year of the consulship of Olybrius and Probinus.-March i8,
395.
54. The same Augustuses to Dexter, Praetorian Prefect.

We recall that We conferred upon Illustrious men the
right to post warrants, 1 49 as a mark of honor rather than
for their use. Therefore, in order that the public post may
not be ruined, by this law We sanction that no private citizen125 hereafter shall usurp for himself the privilege of
using the public post, unless he has either been summoned
by Us or is departing from the veneration of Our Clemency. i. Therefore, if any person hereafter, contrary to
Our prohibition, should presume with illicit rashness to appropriate for himself the use of the public post, he will
arouse the action of Our Clemency against him. (Etc.)
Given on the sixth day before the kalends of May at Milan in the
year of the consulship of Olybrius and Probinus.-April26, 395.
55. The same Augustuses to Florentinus, Prefect of the

City.
By your own report to Us you indicate that you have
appropriated post warrants'5 0 for two posthorses. For this
3, 15.
146 CJ 12, 50, 15.
his post warrant.
148 per mutationem, through, from one changing station to another; through an exchange.
149 To issue post warrants, or to use post warrants.
15o The right to issue or to use post warrants.
145 13,
147 By
deed We indulgently grant pardon, but it is Our will that

no such usurpation or license shall hereafter be permitted.
Given on the twelfth day before the kalends of March at Milan
third consulship of Honorius Augustus.-February 19, 396.
56. The same Augustuses to Simplicius, Master of Soldiers.152

For the administrative functions of judges"15 the post
warrants are sufficient which they receive from Our Serenity or from the office of the Illustrious prefects and which
must serve public needs. i. Therefore, Your Distinguished
Authority shall know that by the statutes'5 2 of Our Clemency you are denied the license to issue post warrants,
1
which you have usurped for yourself. For inferior judges' 5
must observe the statutes because of fear, when they recognize that such statutes are being observed by the more
powerful. 2. But if hereafter the same wrongdoing should
persist, vengeance, with a serious penalty, shall be taken on
the office of Your Authority.
Given on the fifteenth day before the kalends of January at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-December 18, 396.
57.153
The same Augustuses to Remistheus, Duke of Ar-
menia.
By this repetition of a former law,1 4 We sanction that
straightway hereafter Your Wisdom shall not have the
license either to issue post warrants or without Our post
warrants to vindicate to yourself the right to use the public
post. i. If hereafter Your Laudability should suppose that
such rash lawlessness may be repeated, you shall know that
ten pounds of gold will be immediately exacted of you, and
ten pounds also of the office staff that obeys your orders.
The privilege of using the public post is granted only to
those persons who as delegates from various nations make
haste to speed to Our Clemency.
Given on the sixth day before the kalends of March at Constantinople in the year of the consulship of Caesarius and Atticus.February 24, 397.
58.1.5 The same Augustuses to Vincentius, Praetorian

Prefect.
If any person, by soliciting or harboring a muledriver 56
who has been assigned to a changing station,1 04 should
stealthily withdraw him from service, he shall be forced to
pay ten pounds of silver for each human head. i. In order
that such solicitors and harborers may not take refuge in
any excuse, they shall not be permitted to commute any
muledriver under the pretense of compensation or to release him under any pretext of age or disability. 2. Therefore, if any judge"" should vindicate to himself the right
to free a public slave, he shall be fined one pound of gold
for each man, and if his office staff should consent by suppressing information on the law, they shall be fined a similar amount. 3. The foregoing regulation has been established by Our Clemency for the future; for the past, however, it shall be sufficient to have established the rule that
if any public muledrivers should be found, even though old
and feeble, they shall be dragged back, along with their
wives and all their peculium and children. (Etc.)
151 6, 4, 28.
152
15s CJ 12, 50, 16.

155 7, 14, I; CJ 12,
The present constitution.
154 Not extant.
50, 17.
1s The labor shortage was acute, 7, 14, n. 3.
203
The Public Post

15
Given on the twelfth day 7 before the kalends of March at Milan

consulship of Eutychianus.-February18, 398.
59.1,8 The same Augustuses to Messala, Praetorian Prefect.
If any person should presumptuously appropriate a supplementary posthorse or a supplementary postwagon without showing a post warrant that has been issued solely in
case of public necessity, on the responsibility of the curator
or of the defender and of the chief decurions of the municipality, such person shall be dispatched to the judge ordinary, 115 and he shall pay to the account of the fisc a pound
of gold for each such supplementary posthorse or supplementary postwagon. I. If in this matter the governor.. of
the province and his office staff should wish to employ collusion, they shall know that double the amount will be
exacted from their resources.
Given on the fifteenth day before the kalends of December in the
year of the consulship of Stilicho and Aurelianus.-November 17,
400160
[INTERPRETATION
:] 161 This law needs no interpretation.
If any person without

showing a public post warrant should presumptuously appropriate a posthorse, a supplementary posthorse, or a
supplementary postwagon, he shall be detained by the chief
decurions and the defenders of the municipality, and the
judge of the municipality shall force him to pay to the account of the fisc one pound of gold for each posthorse or
supplementary posthorse or supplementary postwagon. If
said judge, defender, or chief decurions by any collusion
should perhaps neglect to enforce these regulations or to
exact the fine, from their own property they shall render
to the account of the fisc double the amount which they
were unwilling to exact from the presumptuous malefactor.
[SECOND INTERPRETATION :]162
Public animals are evidently being injured, in that their

provender is being estimated at a very high and unfair
price by the post supervisors and apparitors. I. To prevent
such contingency, Your Sublimity shall arrange that neither
shall provender be lacking at the changing stations104 nor
shall the provincials be heavily burdened beyond that which
is permitted by reasons of justice.
in the year of the consulship of Stilicho and Aurelianus.-November
27, 400.164
61. The same Augustuses to Vincentius, Praetorian Prefect.

It appears that Macrobius 166 with illicit presumption issued post warrants when public need did not require such
action, and he has received the punishment of his rash lawlessness. I. However, in order that the same kind of thing
may not occur in the future, Your Sublimity shall admonish

the vicars and their office staffs with a threat of the punishment that has been established, so that they may know that
they must abstain from such usurpation.
Given on the fifth day before the ides of December at Milan in
the year of the consulship of Stilicho and Aurelianus.-December
9, 400.
The eleventh, 7,
1.
Brev. 8, 2, I.
Cf. n. 164.
161 This interpretation is found in the two chief manuscripts.
162 This interpretation is found in an inferior manuscript.
163 CJ 12, 50, 18.
157
14,
Given on the third day before the nones of February at Constantinople in the year of the consulship of Vincentius and Fravitus.February 3, 401.
63. The same Augustuses to the Provincials of the Proconsular Province.50

Whereas We have learned that very many persons with
illicit presumption demand supplementary posthorses and
supplementary postwagons, by this law We sanction that
hereafter license shall not be granted to any person whatever for such usurpation, unless said person has been dispatched on public business and with undeniable post warrants. If any person should contravene this regulation, he
shall be fined one pound of gold. (Etc.)
of the consulship of Vincentius and Fravitus.-March 31, 401.167
gustuses to Septiminus, Proconsul of Africa.

We have learned that the provincials are paying both
provender and money for the customary account of the
horses of the public post, and that in addition they are being oppressed by the burden of the supplementary posthorses. I. Therefore, the governorse59 of the provinces shall
provide that the public post shall never become the subject
of complaint and that such occasion for deception shall not
compel the decurions to furnish animals that are not due.
Given on the seventh day before the kalends of April at Ravenna
in the year of the first consulship of Our Lord Theodosius Augustus
and the consulship of Rumoridus.-March 26, 403-169

It is Our will that for each post station suitable supervisors shall be assigned, in order that the public post may
not hereafter be exhausted by the presumption of those
persons who usurp its use, because of the removal of some
of the supervisors.'7 1
Given on the fourth day before the kalends of March at Rome in
the year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-February27, 404.
66.172 The same Augustuses to Anthemius, Praetorian

Prefect.
If any duke should once enter his province, thereafter
he and his office staff shall not use the public post and postwagons for making journeys, but they shall complete the
military expedition with their own animals. I. Also with
reference to the office staffs of governors, We sanction by
this same law that no one of them, while traveling to and
158
159 rector.
160
164 1, 5, 13; 2, 14, 1; 10, 3, 5; 11, 26, 2; 8, 5, 59.

165

We order that the unauthorized use of the public post
shall be completely cut off, so that, with the exception of
Your Magnitude, no person shall have the power to appropriate to himself the use either of the swift or of the
heavy transport service. I. But if any judge 1 5 by the fault
of either his contempt or his ignorance should suppose that
16 6
the commands of Our Imperial Divinity may be violated.
... Also the office staff which obeys him shall know that
they will be fined thirty pounds of gold.
167
172 CJ 12, 50, 20.
Vicar of Spain, 16, 10, 15.
Corrupt text. Much of the text appears to have been lost, M.

7, 4, 26; II, I, 29.
168 CJ 12, 50, 19.
169 13, 1, 19.
170 8, 5, 23.
171 Or, adding cursus publici male gerentibus, with M.: supervisors who mismanage the administration of the public post.
166
204
Various Offices; Their Apparitors; Certificates of Approval

fro throughout the province, shall hereafter attempt to use
a posthorse, when he learns that such use is prohibited by
Our sacred imperial sanction. 2. But if any duke or his
apparitor or any member of a gubernatorial office staff with
lawless mind should suppose that he may hold in contempt
Our decrees, for each animal that he uses, he shall be fined
by the payment of one pound of gold.
TITLE 7: THE VARIOUS OFFICES, THEIR

APPARITORS, AND THE IMPERIAL CERTIFICATES OF APPROVAL' (DE DIVERSIS OF-
Given on the fourth day before the nones of August at Constantinople in the year of the seventh consulship of Our Lord Honorius
Augustus and the second consulship of Our Lord Theodosius Augustus.-August 2, 407.
natus, Consular Administrator of the Water Supply.'

The order of promotion must be enforced in such a way
that any person shall be first in rank in an office if he was
first in obtaining his special grant of imperial favor.
TITLE 6: POST WARRANTS FOR TRAVEL

WITH SUBSISTENCE; LODGING PLACES'
(DE TRACTORIIS ET STATIVIS)
I. Emperors Valentinian and Valens Augustuses to Ru-
finus, Praetorian Prefect.

Apart from the sacred imperial judgment, no post warrant with subsistence shall be granted to any person who
has been discharged from active military2 duties and who
is returning home after his labors, but f or the completion
of his journey each person shall obtain travel expenses by
the instructions contained in Our letters which We issue
as testimonials for each man, to accompany him all the days
of his life.
i. Therefore, Your Sincerity shall enforce this sanction
with suitable authority, and if ever any person from the
aforesaid class of men should demand subsistence allowances, he shall obtain the full measure of his allotment on
presentation of the imperial letters to which he has subscribed his name. But no person, as has been done until the
present, shall give away or sell any superfluous subsistence
allowances that he may impetrate, nor shall any man present the name of another 3 for the purpose of acquiring gain
from this issue.
Issued on the eighth day before the kalends of February at Rome
-January 25, 368.4
Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.

Post warrants with subsistence and customary lodging'
shall have a time limit of only two days,7 but no person at
all shall be furnished with the necessaries" except those who
officially escort the animals and the horses that are necessary for sacred imperial needs. However, when such escorts are dispatched, 9 the prescribed number of five days
shall be written in the text of such post warrants, so that
no person shall obtain the right to sojourn longer than such
period of time in a place of his own choosing.
2.'
Given on the seventh day before the kalends of September at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-August 26, 392.
1 CJ 12, 51.
2 castrensia
munia, camp service. Or, reading castris munils:

home from camp, M.
3 Reading alterius, 7, 4, 28, n. 70.
4 Rufinus succeeded Mamertinus as Praetorian Prefect during this
year but after this date, M. See Seeck, Regesten 71.
5 CJ 12, 51, 1.
6 tractoriae cum solitis stativis.
7 Two days lodging at each post station.
8 Necessaries, requisite post warrants, necessary attendants.
9 dimissi, dispatched, dismissed.
FICIIS ET APPARITORIBUS
TORUS EORUM)
ET
PROBA-
i. Emperor Constantine Augustus to Versennius Fortu-
Given on the eighth day before the ides of March at Thessalonica

Licinius.-March 8, 315.
2. The same Augustus to Philippus,3 Praetorian Prefect.

If it should be established that any apparitor from any
of the various offices has impetrated imperial letters entitling him to the rank of ex-imperial bodyguard, We order
that he shall be returned to his former position in the imperial service.
Given on the third day before the nones of November at Arles
the consulship of Constantius Caesar.-November 3, 326(?).'
3. Emperor Constantius Augustus to Silvanus, Count and

Master of Soldiers.
(After other matters.) If any apparitor of any office
should obtain imperial letters entitling him to the rank of
ex-imperial bodyguard, he shall be returned to his former
office and imperial service, and he shall not use the title
of his acquired dignity as a defense.5
Given on the sixth day before the kalends of June at Sirmium in
the year of the consulship of Limenius and Catullinus.-May 27,
349.6
4. The same Augustus to the Most Noble Praetorian Prefects.

(After other matters.) We command that none of your
apparitors7 or the apparitors of masters of the horse and
foot shall hereafter come to Us for the purpose of adoring
Our purple unless they have borne arms in the imperial
service and have assisted in all the military expeditions.
Given on the day before the ides of May in the year of the
seventh consulship of Constantius Augustus and the second consulship of Constans Caesar.-May 14, 354.8
5. The same Augustus to the Praetorian Prefects.

(After other matters.) If any of the record keepers of
the masters of the horse and foot, after a period of twentyfive years, should be found obligated to a municipal council,
he shall have the privilege of his imperial service.9 i. Moreover, all persons who have been approved for any reason
18, I, n. I; CJ 12, 59.
2 Consularis Aquarum.
3 Praetorian Prefect 346-349. The name seems to have been inserted by error here.
4 Possibly issued by Constantius in 353: in the year of the sixth
Constantius Caesar, since Constantius was at Arles on that date; but
since 8, 7, 3 is earlier and since Philip was Praetorian Prefect 346351, this constitution may have been issued in 346, in the year of the
fourth consulship of Constantius and the third consulship of Constans Augustus, M.
I So as to evade his obligation to return.
67, 1, 2.
88, 7, 5-6; 6, 27, I, n. 2.
7 Cf. 8, 4, 1, n. 4.
Members of the imperial service were granted special privileges

whereby they escaped many burdens that were imposed on the
masses.
E 205
8-7-5
or at any time whatever, shall continue in the imperial

service,1o provided that those only who are members of the
palace household service, pages, silentiaries, and palace
decurions,11 shall not be disturbed by any person after fifteen years of service. (Etc.)
Given on the fifteenth day before the kalends of June in the year
of the seventh consulship of Constantius Augustus and the second
consulship of Constans Caesar.-May 18, 354.12

(After other matters.) We command that after a period
of twenty-five years no apparitor of the counts of the
largesses or of the fiscal representative of the privy purse
shall be recalled to a municipal council. We sanction that
the same regulation shall be observed with reference to the
apparitors of the vicars of the prefects. 3 I. In the case of
the commissary officers a period of ten years shall be observed, since they support the public post.' 4 For the apparitors of the prefect of the City shall not be prosecuted
after twenty-five years, because they do not support the distribution of military food supplies. With reference to the
tax accountants, it is Our will that the law 15 formerly
promulgated shall remain valid.
seventh consulship of Constantius Augustus and the second consulship of Constans Caesar.-October6, 354.12
7.16 Emperors Constantius and Constans17 Augustuses to

By the renewal of a necessary sanction it is Our will that
the rule shall be observed that henceforth no judge shall
dare to approve or promote any person. I. However, We
except the office staffs that sustain the administration of
the public post, for the public welfare does not permit any
advantage to be denied to a compulsory public service of
such importance. 2. Since this is true, no person shall be
assigned to any other office staff or to the one that serves
Your Laudable Prudence, except in accordance with Our
statute as it exists.
Given 8 on the sixth day before the kalends of June at Milan.May 27. Received on the eighth day before the ides of July in the
year of the consulship of Datianus and Cerealis.-July 8, ?.58.
8.1' Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.

It is Our will that the secretaries of the office staff of
the prefects who retire each year from the assigned number,
after the completion of their service as secretaries, shall
adore Our purple. When they have enjoyed this honor and
have gained their discharge, We grant them undisturbed
leisure, so that no ex-secretary who has adored the purple
shall be summoned to the duties of tax receiver or to the
performance of any compulsory public service. Therefore,
such a discharge shall have those privileges which appear
10 Or: service. Only those shall be excepted who are members ...
and they shall not be disturbed, M. Some of the text seems to have
been lost.
11 Not to be confused with decurions who were members of the
municipal councils.
12 g, 7, 4; 6, 27, 1, n. 2.
13 Ordinary vicars, who were the representatives (vicarii) of the
praetorian prefects.
14 Administer the public post as supervisors. Or: since they support the distribution of food supplies, reading pastum.
16 CJ 12, 57, 2.
15 Not extant.
17 Constantius Augustus and Julian Caesar.
18 Received, since Constantius was at Sirmium.
19 12, 1, 70; CJ 12, 52, 1.
206
to have been prescribed by the sanctions of former Emperors.

Given on the third day before the kalends of February at Milan
-January 30, 365.
9. The same Augustuses to Germanianus, Praetorian Prefect.

With the exception of those persons who have enjoyed
the honor of secretaries of the office staff, and of those who,
according to the law, have adored Our purple, if any member of the office staff of a judge ordinary 20 or of the office
staff of Your Grandeur should enter the imperial service
among the members of the imperial bodyguard, the household guard, or the scholarians, he shall be constrained to
the performance of the compulsory public service which he
attempted to evade and to the obligatory duties of supervisor of the public post.
Given on the seventh day before the ides of April at Reims in the
year of the consulship of Gratian and Dagalaifus.-April 7, 366.
io. The same Augustuses21 to Viventius, Praetorian Prefect.

We confirm by law the commendable and noteworthy
scrutiny instituted by Your Sincerity whereby you expelled
from the office staff of Your Excellency the lazy mob of

those unworthy of the imperial service and ordered them to
remain attached to their various compulsory public services.
Therefore, none of those persons whose names were published in the edicts posted by Your Illustrious Excellency
shall have any opportunity to hold or to obtain another
grade of the service. 2. Furthermore, if any of the said
persons should ever attempt to obtain such a forbidden
honor, he shall be seized by force and dragged back to any
governor 2 2 whatever, so that he may not withdraw from the
obligations imposed by his sentence.
Given on the sixteenth day before the kalends of June at Complatum in the year of the consulship of Emperor Designate Valentinian and of Victor.-May 17, 369.
Emperors Valentinian, Valens, and Gratian Augustuses to Severus, Master of Soldiers.

If a praetorian prefect, a vicar, or a governor 2 2 of a
province should ever give notice that a person has been
found obligated2 4 in the public record office and the office
of public accounts, but that such person has passed over to
a provostship of a camp and soldiers, such person shall be
dragged back and assigned to the office by which he is
summoned to the compulsory duty of rendering an account.
However, in the place of such rejected person, that one
shall preferably be assigned who is guaranteed by the insignia of his merits.2 5
11.23
Given on the tenth day before the kalends of January in the year
of the second consulship of Gratian Augustus and the consulship
of Probus. Issued to all masters of soldiers, counts, and dukes.December 23, 371.
12.26 The same Augustuses to Julianus, Proconsul of
Africa.
We command that no soldier shall be dispatched from
any military service unit for the purpose of serving in any
post in the consular provinces of Byzacium or Tripolis, but
those persons approved in the gubernatorial office staffs
The governor of a province.
And Gratian Augustus.

As a defaulter in his accounts.
25 Who is recommended by his reputation for virtue.
26 8, 7, 13.
20
22 rector.
23
CJ
12, 59, 1-
21
24

shall be rated according to the title of the office in which
they serve, and they shall have nothing in common with
any title of the armed imperial service. i. Also if perchance any person in a legion or a military service unit
should be so assigned, but should be suitable for bearing
arms, provided he is discovered in no wise to be obligated
to service in the commissary department, he shall be unhesitatingly joined to the branch of the imperial service to
which he has been ascribed.2 7
Given on the third day before the kalends of June at Nassonacum.
-May 30. Received on the sixth day before the kalends of December
in the year of the consulship of Modestus and Arintheus.-November
26, 372.
13.2s The same Augustuses to Romanus, Count of Africa.
Never shall apparitors of judges be assigned to duty in 29

any service unit of soldiers. For it is fitting that those approved for the office in which they serve should be designated by that name.
i. Of course, if any apparitorse of a governor8 ' should
now be found already enrolled in any service unit whatever
and if he is not found to be obligated to service as a commissary officer, and if he is suitable in size and bodily
strength for bearing arms, he shall be recalled to the service unit to which until now he has been assigned according
to custom.
Given on the third day before the kalends of July in the year of
the consulship of Modestus and Arintheus.-June 29, 372.
83
14.32 The same Augustuses to Tatianus, Count of the

In no manner shall any apparitor of the treasury, that is,
of the count of the treasury, 4 if once he is proved to be an
embezzler, either obtain again a position in his own branch
of the imperial service or through corrupt solicitation seek
for himself another high honor, or transfer himself to any
other branch of the imperial service. Neither shall any person who recently obtained a position as a custodian of the
treasury or a bureau clerk of a count of the treasury3 4 or
any other apparitor of the treasury, hope that, by the pretext of employment in another branch of the imperial service, he may defend himself or pass over to other honors and
high rank, but such person shall be held permanently in that
branch of the imperial service to which he was first assigned.
Given on the eighth day before the kalends of February at Antioch
consulship of Merobaudes.-January25, 377.
15. Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius, Prefect of the City.35
If any person within the last five years has deserted
the duties of his own service as an apparitor and has fled
to an order that he does not deserve, he shall be restored
to his former service. (Etc.)
Given on the seventh day before the ides of October in the year
of the consulship of Syagrius and Eucherius.-October 9, 381.
16.86 The same Augustuses and Arcadius Augustus to

Principius, Praetorian Prefect.
27 Add: heretofore, according to custom, M.
28 8, 7, 12.
29 from, M.
s0 qui ex apparitoribus,anyone of the apparitors, any ex-apparitor.
31 praesidens.
82 CJ 12, 23, 2.
33 Emperors Valens, Gratian, and Valentinian Augustuses.
3 comes thesaurorum, count of the treasures, treasury.
36 CJ 12, 53, 1.
8-718
With the exception of those persons who have completed

career of
the number of their terms and their statutory
3 7 or of the
authorities
exalted
the
service as apparitors of
prefect of the City or of the office of the vicar, and those
persons for each year who are commanded to touch and to
adore the purple of Our Serenity, no one at all shall have
the freedom to adore the purple of Our Tranquillity,
whether he is a member of the group of those previously
mentioned or at least of the number of those who have
completed their service in the provincial offices, and all surreptitious use of patronage shall cease.
i. Moreover, We do not allow any persons to desert their
oaths of enlistment on civil office staffs," whether they
have been initiated into these services of their own free will
or are bound to them by the participation of their ancestors,
to the extent that We forbid them even to pass over to
service in the palatine offices and the offices of the secret
service, unless they have completed all the duties which the
order of their imperial service demands. 2. Therefore, if
any person should violate these salutary provisions, he shall
know that not only will he be dragged back immediately
but also that he will be fined the half of his property and
that he will be subjected immediately to the compulsory
service of the supervision of the public post. Thus he shall
know that he will be subjected to the performance of this
compulsory public service for the time that is prescribed by
this law. 3. Therefore, Your Magnificence shall admonish
all judges of civil jurisdiction" that this must be their chief
concern, namely, that no one shall allow a deserter of his
own apparitorship to aspire to an undeserved apparitorship.
For all such contumacious persons must be dragged back
and involved in the toils of the law.
Aquileia in the year of the first consulship of Arcadius Augustus and
the consulship of the Most Noble Bauto.-September 18, 385-40
i7." The same Augustuses to Principius, Praetorian Pre-
fect.
If there should be a secretary in the service of a judge 20
who is not a member of the imperial service and not a recipient of any subsistence allowances from the fisc, by no
means do We forbid him to devote himself fearlessly to the
task that he has undertaken, even though he may be a decurion, provided that he assumes the compulsory services
of his own municipality; and after the completion of his
duties as secretary, according to custom, he shall know that
he must return to his own municipal council.
Given on the fourth42 day before the ides of December at Aquileia
consulship of the Most Noble Bauto.-December 1o, 385.
18. 8 The same Augustuses and Arcadius Augustus to

Eusignius, Praetorian Prefect.
No person who is proved to have been released from the
imperial service shall again undertake an undeserved enlistment in the imperial service. But if perhaps any person
should surreptitiously obtain such a position, he shall be
punished by a fine of five pounds of gold.
3 eminentes potestates, the higher officials, such as praetorian prefects and masters of both branches of the military service, 7, 20, 2.
3 civilia officia, civil office staffs, municipal office staffs.
9 civile arbitrium, civil jurisdiction, municipal jurisdiction.
40 1, 2, 9.
42
4 CJ 12, 49, 5.
** CJ 12, 59, 2.
Third, II, 16, 17.
207
8*7*18
Various Offices; Apparitors; Imperial Certificates of Approval
Given on the day before the ides of July at Milan in the year of
the consulship of Emperor Designate Honorius and of Evodius.July 14, 386.
19." Emperors Arcadius and Honorius Augustuses to

Florentinus, Prefect of the City.
(After other matters.) If the apparitors of any judge
whatever, among whom We include the apparitors of the
prefects, by means of corrupt solicitation should pass over
to any other branch of the imperial service, either palatine
or military,"5 We grant to the judge whom they deserted
the right to drag them back, so that they shall administer
the lowest offices and also supervisorships of the public
post, provided that the order to which they are born should
exact this service of them. i. With reference to their inheritances, We decree that the same regulation must be
observed as in the case of decurions, namely, that even if
the fathers should evade this service, their male descendants4" shall be held liable. (Etc.)
21, 397.47

Gracchus, Prefect of the City.
If any apparitor should be deprived of his official cincture by condemnation on account of wrongdoing or negligence, he shall not have the privilege of aspiring to any
branch of the imperial service. No entrance thereto shall
be opened by means of a rescript to such persons who
ought to be subjected to very serious punishment, if they
should presume also to aspire to that which has been prohibited by Our most sacred imperial constitutions.
20.48
Given on the eighth day before the kalends of August at Ravenna

in the year of the tenth consulship of Our Lord Honorius Augustus
and the sixth consulship of Our Lord Theodosius Augustus.-July
25, 415.

No person shall otherwise be admitted to service in the
office of Your Sublimity, unless he has been sanctioned
by a letter of approval from the sacred imperial bureaus.
i. With equal diligence but in a different way, Your Sublimity shall order this procedure to be observed also in all
other offices in which there is a similar custom with reference to the imperial service. But in these offices also, that
is, in the offices of the Respectables, the proconsul of Asia,
the count of the Orient, the augustal prefect, and the vicars, this rule shall be enforced, and We also admonish them
to this effect under the threat of a fine of twenty pounds
of gold.
2. Your Sublimity shall also command that no person
shall be appointed5 0 as magistrate of the peace or as military
accountant, or as secretary of an office staff, either of the
fleets-" of the City of Constantinople or of the theater or of
44 CJ 3, 23, I; 10, 32, 48.
45 Some of the palatines were military, or members of the armed

service, but many of them were office clerks and thus were ranked
as apparitors.
46 agnatio, progeny, male descendants, descendants through the
male line. Cf. 7, 2, n. 4.
4 6, 2, 20; 6, 14, 2; 12, 1, 153-156.
4 CJ 12, 59, 5.
CJ 12, 59, 6; 12, 49, 7; Burg. Rom. 30, I.

50 ordinatus, appointed, installed, ordained.
49 8, 7, 22-23;
51 classes, explained by G. in his Commentary as the fleets of ships

that brought grain to Constantinople. Others explain classes as
the chariot horses of the various municipalities, unless he

has been sanctioned, as is the custom, by the imperial hand.
3. Furthermore, if any such person should be convicted
in your court, all his acts done contrary to Our prohibition
shall immediately be invalidated, and he shall also incur
appropriate wrath. Those persons shall be retained in their
own order and rank of the imperial service who have been
admitted up to the present day in any manner whatever.
(Etc.)
Given on the tenth day before52 the kalends of July at Nicomedia

in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship,of Our Lord Valentinian Augustus.
-June
22 .5
22, 426.
The same Augustuses to Theophilus, Prefect of the
City.
Hereafter no person shall otherwise be admitted to service in the office of Your Sublimity, unless he has been
sanctioned by a letter of approval from the sacred imperial
bureaus. i. Your Sublimity shall also command that, unless
they have been sanctioned by the imperial hand, as is the
custom, no persons shall be appointed as military accountants of the theatre54 or of the chariot horses, or as swine
collectors, or as military paymasters, throughout any districts"5 of the City of Constantinople, or to any other functions which require imperial assent in accordance with the
custom of ancient practice, either in the imperial service or
in the different grades or in their official duties. 2. Furthermore, if any such person should be convicted in your
court, all his acts done contrary to Our prohibition shall
immediately be invalidated, and he shall also incur appropriate wrath. Those persons, of course, shall be retained
in their own order and rank of the imperial service who appear to have been admitted up to the present day in any
manner whatever.
Given on the kalends of July at Nicomedia in the year of the
twelfth consulship of Theodosius Augustus and the second consulship of Valentinian Augustus.-July 1, 426.
23.56 The same Augustuses to Acacius, Count of the Sacred
Imperial Largesses.
Ancient observance has reserved for the imperial right
hand the promotions of counts of the treasuries" 7 of a
diocese and apparitors of the treasuries, and it was not
intended that such officials should attain promotion either
in the service of their own judges or in the assumption of

compulsory public services, unless a letter of approval,
issued from the sacred imperial bureaus, had presented
them with a position in the imperial service. Your Magnitude shall provide that notice of this decree shall come to
the knowledge of those persons to whom this appears to
be applicable, and not without Our indignation will you
allow the imperial judgment to be violated by the lawless
usurpation of any person. Those persons, of course, shall
be retained in their own order and rank of the imperial
service who appear to have been admitted up to the present
day in any manner whatever.
Given on the kalends of July at Nicomedia in the year of the
twelfth consulship of Our Lord Theodosius Augustus and the second
consulship of Our Lord Valentinian Augustus.-July I, 426.
either classes of citizens or as regiones, districts of Constantinople,
n. 55; G., Glossary.
52 on the kalends, 8, 7, 22.
5 8, 7, 21; 8, 7, 23.
5 thymela, stage.
s regiones, districts, wards, n. 51.
56
8,'7,
21-22;
CJ
I,
8,
14.
57
E 208 ]
thesauri.
8-8-7
Enforcement Officers and Tax Collections

TITLE 8: ENFORCEMENT OFFICERS AND
TAX COLLECTIONS' (DE EXECUTORIBUS
ET EXACTIONIBUS)
1.2 Emperors Valentinian and Valens Augustuses to Flori-
anus, Governor of Venetia.

It is Our will that no Christian shall be sued by tax collectors on the Day of the Sun (Sunday), which has long
been considered holy', and by this interdict of Our statute
We sanction peril' against any person who should dare to
commit this offense.
Given on the eleventh day before the kalends of May at Trier in
-April
2.'
21,
368; 370; 373.
Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Potitus, Vicar.

If any person should be produced in court, We decree
that he shall be guarded to the end of the suit by the apparitor to whom he was first delivered. If by any presumption
this order of Our Clemency should be disregarded, the
chief of the office staff who violated Our command shall
be fined five pounds of gold.
Given on the eighth day before the kalends of November in
the year of the consulship of Auxonius and Olybrius.-October 25,
379.
3.6 The same Augustuses to Principius, Praetorian Prefect.

On the Day of the Sun (Sunday), which our ancestors
rightly called the Lord's Day, the prosecution of all litigation, cases, and suits shall entirely cease. No person shall
demand payment of either a public or a private debt. There
shall be no cognizance of any contentions even before arbitrators, whether these arbitrators be demanded in court or
voluntarily chosen.7 I. If any person should turn aside
from the inspiration and ritual of holy religion, he shall be
adjudged not only infamous but also sacrilegious.
Given on the third day before the nones of November at Aquileia.
-November 3. Received on the eighth day before the kalends of
December at Rome in the year of the consulship of Emperor Designate Honorius and the Most Noble Evodius.-November 24, 386.
INTERPRETATION: On the Day of the Sun (Sunday),
which is deservedly called the Lord's Day, lawsuits of all
men shall cease, so that no payment of either a private or
public debt shall be exacted. There shall be no trials, either
public or private. If any person should not observe this
regulation, he shall be held guilty of sacrilege.

4.8The same Augustuses to Eusignius, Praetorian Prefect.
Neither under the pretext of public necessity nor as an
enforcement officer of a private lawsuit shall any apparitor
of Your Magnitude or of the palatine offices be dispatched
to that province where he was born or where he has located
his lares. I. For the chief of the office staff of the bureau
of Your Excellency shall immediately pay three pounds of
gold to the account of the fisc, if this statute should be violated, and the apparitor who allowed himself to be assigned
to such a task shall be released from the imperial service
and joined to the group of supervisors of the public post.
2. On all other persons the following penalty shall be invoked, namely, that if a member of the household guard or
of the imperial bodyguard, a stablemaster, a member of the

9
secret service, or a palatine of either office staff should
commit such a usurpation by proceeding to the province
in which he was born or where he had established his lares,
he shall be removed from the official register if he was
willing to be dispatched, and he shall be forced to pay a
pound of gold to the account of the fisc. The assistant
chiefs of the palatine office staffs and the civil accountants
of the Illustrious counts9 and the military accountants shall
pay a pound to the account of the fisc, if this statute should
not be enforced.
Given on the third day before the nones of December at Milan
the Most Noble Evodius.-December 3, 386.
5.10
Given on the seventeenth day before the kalends of June at Milan

in the year of the consulship of Olybrius and Probinus.-May i6,
395.
6.13 The same Augustuses to the Provincials and Procon-
suls.
In order that the palatine tax collectors may not go
through the various parts of the provinces or that the apparitors of the Illustrious officials" may not wander about
or that military terror may not inflict fear, We sanction by
this law that in the case of the aforesaid persons, all their
efforts shall be directed toward the governor 2 of the
province; they shall deal with him and shall fulfill all their
duties, since he shall insist, shall regulate their activities,
and shall recognize that the matter must be consummated
at his peril.
Given on the seventeenth day before the kalends of July at Milan
in the year of the consulship of Olybrius and Probinus.-June 15,
395.
7.'6 The same Augustuses to Andromachus, Prefect of the

City.
If any person from Our palace should go to a province
as a collector, an exactor, or an admonisher of payment for
any account, or as a bearer of any order, either as a member of the secret service or as a palatine or as an apparitor
of the Illustrious officials, he shall assume only so much
9Of the count of the sacred imperial largesses or of the count of
the privy purse.
108, 8, 6.
1 arca, the chest of the praetorian prefect, a special fund of the

State financial administration.
12
I Brev.
2
8, 3; CJ 12, 6o.
II, 7, IO. The title of Florianus was Consularis.
3 faustus, favorable, propitious, lucky, holy.

4 Of severe punishment.
5 CJ 3, 2, 1.
6 2, 8, I8; II, 7, 13; Brev. 8, 3, I; Edict Theod. 154; CJ 3,
7 By the litigants.
" CJ 12, 59, 3.

If the palatines should seek to collect that which is to be
paid to the sacred imperial largesses or that which is due
to Our privy purse, or if through your apparitors Your
Magnificence should demand, in the name of the chest,"
funds for the support of the public necessities, We decree
that this intermingling of those demanding payment shall
be abolished, and the exaction of payments shall be made
by the governor 12 of the province, at the insistence of the
aforesaid office staffs, for the governor shall understand
that upon him rests either discredit for indolence or glory
for industry.
rector.
8, 8, 5; CJ 12, 6o, i. Since nowhere else is a constitution addressed to both magistrates and people, we should probably delete:
to the Proconsuls, M.
14 Such as the praetorian prefects, the count of the
sacred imperial largesses, and the count of the privy purse.
15 CJ 12, 6o, 2.
13
12, 6.
E 209
Enforcement Officers and Tax Collections
8-8-7
power as he may prove has been specifically enjoined upon

him as a special responsibility, and he shall not presume to
take upon himself, by the right of colleagueship, a duty that
has been enjoined upon another. Thus whatever is entrusted to separate persons may not be shared by all in turn,
under the license of a mutual duty. (Etc.)
Given on the day before the ides of July at Milan in the year of
the consulship of Olybrius and Probinus.-July 14, 395-16

(After other matters.) On the Sabbath Day and on all
other days at the time when the Jews observe the reverence
of their own cult, We command that no one of them shall
be compelled to do anything or be sued in any way, since
it appears that the other days can suffice for fiscal advantages and for private litigation. (Etc.)
Given on the seventh day before the kalends of August at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-July 26, 409.18
and the tenth consulship of Our Lord Theodosius Augustus.-July
11,
422.23
TITLE 9: THE EMOLUMENTS OF OFFICE

STAFFS' (DE LUCRIS OFFICIORUM)
i. Emperor Constantine Augustus to Pacatianus.2
The orders of the decuries of scribes, copyists, and consular lictors have presented supplications3 and thereby
gained permission to perform the formalities of the office
staffs in civil cases and in the issuance of petitions, 4 as has
been observed from olden times. Their prerogative shall
extend to the point that military execution shall be completely withheld from matters concerning freemen.' Therefore, the governors" of the provinces shall enforce what
We have ordered.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the consulship of Constantius and Albinus.April 17, 335.
9." The same Augustuses to Palladius, Praetorian Prefect.

If any person should be dispatched either from the office
of the praetorian prefect or from the bureau of the Illustrious count of the largesses or of Our privy purse or from
any office staff f or the exaction of any compulsory service, 20
he shall know that within the limits of a year he must collect his accounts, return to his own judge, 21 and prove to
him his efficiency. He must indicate what collections were
made by his urgency, what is considered to be due, in whose
cases there is an unpaid balance, and by whose fault or on
whose account anything had been left unpaid in the said
province.
i. But if the space of a year should elapse and he should
be apprehended as a plunderer who is remaining and is
preying on the vitals of this region, then he shall be stripped
of his official cincture and expelled from the imperial service, while a fine of ten pounds of gold is set for the chiefs
of office staff of the aforesaid imperial service. 2. But if
he should evade his duty to return, he shall be bound with
iron bonds under the direction of the provincial office staff,
and with an official report of his case, he shall be sent to
the proper court. He shall not have the right to defend
himself by the privilege or pretext that another task or
another compulsory duty was enjoined upon him later,
since We deprive the aforesaid persons of the license to
repeat the service of forced collection in the same province.
(Etc.)
Given on the tenth day before the kalends of October at Ravenna
in the year of the seventh consulship of Our Lord Theodosius Augustus and the consulship of Palladius.-September 22, 416.
10.22 The same Augustuses to Johannes, Praetorian Prefect.

(After other matters.) We command that the landholding of no man shall be sued for either the public or
private debts of another person. (Etc.)
16 2, 12, 6; 7, 12, 3.
17 2, 8, 26; 16, 8, 20; CJ 1, 9, 13.

18 412 according to 16, 8, 20.
19 CJ 12, 60, 3.
20 necessitas, any kind of compulsory public service. In this case it

refers primarily to taxes, the payment of which formed only one of
the many compulsory public services that were exacted of the common people of the Roman Empire.
21 The imperial official who dispatched him.
2. Emperors Gratian, Valentinian, and Theodosius Augustuses to Severus, Prefect of the City.7
We sanction that the emoluments and other perquisites
by which the office staff of Your Magnitude is sustained
shall not be taken away from those persons upon whom
they have been bestowed in accordance with the liberality
of the said office staff,' and for the future We do not permit such emoluments and perquisites to be transferred, as
though in accordance with a compulsory duty, to those persons whom the said office staff deems unworthy of such a
bounty and reward, provided only that antiquity does not
reveal anything of a custom or order so necessary,9 but the
function'o shall be proved to have been that of willing contributors rather than that of the chief of the office staff
himself and of his administration.
Antonius and Syagrius.-August 1, 382.
TITLE 10: EXTORTION BY ADVOCATES AND

APPARITORS' (DE CONCUSSIONIBUS ADVOCATORUM SIVE APPARITORUM)
Emperor Constantine Augustus to the Proconsu 3 of
Africa.
If any person should realize that he has been wronged by
1.2
23 2, 13, 1 ; 2, 28,
1.
I CJ
12, 61.
8 oblatae preces, a supplication or petition offered to the Emperor,
Min. Sen., n. 57.
4 libelli, for which they received fees.
5 liberales causae, cases of freemen, cases involving freedom.
6 rectores.
7 6, 6, i, n. 3.
8 Apparently the office staff had some voice in such matters.
9 Reading adeo. Or: provided only that antiquity should reveal
that nothing of the necessary custom or order is thus taken away
from this function, reading ab eo (oflicio aiuferri). Or: provided
only that they shall not take away anything from him who holds the
position of chief of office staff, which antiquity reveals to belong to
the necessary custom or order, reading ab eo (qui principatum tenet
auferant quod esse) necessarii moris with M. Or: provided only that
antiquity shall lose nothing of this of the necessary custom or order,
reading perdat with G.
10 benefit, M.
1 2,
10, 3-4; 8, 5, n. I; CJ 12, 61.

15, 1; II, 1, 2; I, 7, I;
2 9, 34, 2; Io,
22 CJ 12, 60, 4.
E 210
CJ
12, 61,
1.
8.11-3
Announcers of Occasions of Public Rejoicing

the ducenarii or by the centenarii, or especially by the advocates of the fisc, he shall not delay to approach the courts
and prove the commission of the outrage, so that vengeance,
with proper severity, may be visited upon the person who
is convicted.
Given on the sixth day before the ides of November at Trier.November 8, 315. Received on the fifteenth day before the kalends
of March at Carthage in the year of the fourth consulship of Constantine Augustus and of Licinius.-February x6, 316.4
2.' Emperor Constantius Augustus to the Most Noble

Eubulides, Vicar of Africa.
In addition to the customary and regular tax payments,
many things are most shamelessly demanded from the provincials of Africa by apparitors and advocates, not only in
the various municipalities but also in the post stations,
while subsistence is furnished to such persons and to their
animals without price. i. It does not escape the notice of
Our Clemency that very often advocates are accustomed
to accept exorbitant honorariums for the defense of their
entire cases, and in addition to receive subsistence allowances and expenses. Supported by such great profits in their
career, they are unable to sate their own avarice. Therefore, all judges6 shall protect the provincials and shall
not allow their wrongs to go unavenged.
the consulship of Leontius and Sallustius.-June 29, 344.

Pompeianus, Proconsul of Africa.
Whenever a tax collector is accused and convicted of
despoliation, he shall undergo the penalty that is specified
by the law, and Our Clemency shall not be consulted.
400.8

Eucharius, Proconsul of Africa.
We decree that all kinds of tax collectors must be expelled from the provinces of Africa, and of course, all
property must be restored which perchance they appropriated through their lawlessness.
Given on the sixth day before the ides of August at Ravenna in
the year of the ninth consulship of Our Lord Honorius Augustus
and the fifth consulship of Our Lord Theodosius Augustus.-August 8, 412.
TITLE 11: THE ANNOUNCERS OF OCCASIONS OF PUBLIC REJOICING SHALL NOT

RECEIVE ANYTHING BY LEVY OR FROM
UNWILLING PERSONS' (NE QUID PUBLICAE
LAETITIAE NUNTII EX DESCRIPTIONE VEL
AB INVITIS ACCIPIANT)
the payment of fees under the appearance of a tribute' shall

be removed from the poorer classes. Thus, indeed, an assessment in proportion to their capitation tax or land tax
shall not be made and nothing shall be extorted from such
persons as though it were a statutory compulsory service.
i. However, We command that those men who are powerf ul throughout the provinces because of the honors that they
have already obtained and the decurions who must be next
to the aforesaid men in the dignity of their rank and in the
honor of their services in tax payments, may contribute,
in accordance with their own judgment, as much as they
may suppose should be given, but the poorer classes shall
be free from this lot of injurious necessity. 2. Indeed, by
the severity of Our interdict We forbid that the poor shall
be subjected to such a levy hereafter, and accordingly We
decree that the governors4 of provinces shall each be fined
twenty pounds of gold and their office staffs forty pounds
each, if the poorer classes should contribute anything by
such an assessment, or if said officials should allow anything to be extorted from the poor, and equally, if they
should know that any person had acted contrary to this
prohibition and they had absolved him through the silence
of any connivance.
Constantinople in the year of the consulship of the sainted Jovian
and of Varronianus.-December16, 364.
The same Augustuses to the Provincials, Greetings.

Whenever victories are announced, whenever occasions
of public rejoicing, or when the names of the new consuls
are conveyed throughout the Empire, there shall be no occasion for tribute; there shall be no such license, no person
shall exact anything, no person shall dare to demand anything. I. But if any dignitary should wish to offer anything
of his own free will, We judge that only such an offering
may rightly be given. 2. But if anything should be demanded, if anything should be levied, the governor 4 of the
province in which this offense was committed shall pay
from his own resources to the account of the fisc twofold
the amount that he levied and that he forced the provincials
to pay, and his office staff shall pay the sum fourfold on
account of the exaction of the aforesaid compulsory service.
2.
Given on the third day before the ides of January at Milan in the
year of the consulship of Valentinian and Valens Augustuses.January 11, 365.

to Mamertinus, Praetorian Prefect.
Whenever the joy of auspicious announcements is made
known to the provincials and whenever any message is
disseminated throughout the world, whether the illustrious
8 Aelianus, 1o, 15,
victories of Our soldiers and the slaughter of Our enemies

and Our triumphs are reported throughout the Empire, or
the announcement of those consulships which We either
hold Ourselves or bestow on others, upon no person shall
be enjoined the payment of those gifts which are called
fees, by any public assessment or by any decision of a
judge.' i. But if any judge should violate the force of Our
decrees, he shall undergo a double penalty of the amount
which had been assessed and exacted from each individual,
and the office staff which serves him shall be constrained
18, 5, n. i; Brev. 8, 4; CJ 12, 63.

2 Eugrammius. His official position is unknown.
3 Or: the necessity for the payment of tribute under the appearance of a fee.
4rectores, the judges ordinary.
5 Primarily a judge ordinary, the governor of a province.

Eugrammimus. 2
When the beginnings of a year, which must be inaugurated by definite consuls, are announced, the necessity for
i.
5 CJ 12, 61, 2.
4 I, 12, I, n. 2.
1.
6 Primarily the judges ordinary, the governors of the provinces.
7 CJ 12, 61, 3 .
8 1, 12, 8.
211 ]
Announcers of Occasions of Public Rejoicing
8-11*3
by a fine that is increased to a fourfold amount. 2. But dignitaries and the eminent men in their own cities may bestow
as much as their minds may incline them in accordance with
their own judgment.
Dispatched by the PraetorianPrefect on the ides6 of February
from Milan in the year of the consulship of Emperor Designate
Valentinian and the Most Noble Victor.-February -3, 369.7
We sanction that whenever any of Our auspicious
achievements are announced, if wars should cease, if victories should arise, if the honor of the bestowal of royal
vestments9 should be added to the calendar, if the announcement of the tranquillity of peace that has been concluded is to be spread abroad, if by chance We display the
sacred imperial countenances to the eager multitudes, 0 such
occasions shall be announced and received without price.
I. We order the bearer of the tidings to be absolutely virtuous, We forbid the announcers to be mercenary, We command that the judges shall be solicitous, lest by disgraceful collusion the wretched classes should be compelled to
pay a price for their joy. 2. If this regulation should be
violated by sacrilegious connivance, destruction of his reputation and fortunes shall await the receiver of such fees;
an equal punishment shall be inflicted upon the person"
who has compelled such payment, and his office staff shall
be stricken with a penalty of thirty pounds of gold.
Given on the fourth day before the nones of Februaryat Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-February2, 383.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Our Very Dear Tatianus, Greetings.
It is Our will that Our law shall be observed by which
We decreed that nothing must be exacted in the name of a
thanksgiving from the provincials against their will.
5.12
Given on the fourth day before the kalends of May at Milan in

the year of the consulship of Timasius and Promotus.-April 28,
389-13
Whenever occasions of public reannounced, nothing shall be exacted in the name

of a thanksgiving from the provincials against their will.
INTERPRETATION:
joicing are
TITLE 12: GIFTS' (DE DONATIONIBUS)

1.2 Emperor Constantine Augustus to Maximus, Prefect
of the City.'
Whether a gift is direct or instituted in contemplation of
death,4 whether it is suspended by any condition of doing
or of not doing something, or promised from a certain indicated time, or designated from the intention of the giver
or the purpose of the receiver, to the extent that the law
6 Or: on the day before the ides, M.
7 In the year of the consulship of Valentinian and Valens, 365,

Seeck. The prefecture of Mamertinus ended between October 31 and
December 12, 365.
* That is, the consulship.
8 CJ 12, 63, i.
10 The Emperor might appear in person or his image might be
borne in procession.
11 The governors, the judges ordinary of the provinces.
12 Brev. 8, 4, 1.
13 I, 15, 13.
allows, the deed of gift must be made under the following

regulation, namely, that it shall state such actions, conditions and agreements as are permitted by law, and when
these terms are thoroughly understood, they shall be either
accepted, if agreeable, or rejected if they are too burdensome. There is further provision that if the defender of a
minor should neglect to fulfill a condition of a gift,5 he
shall be responsible for the loss of property involved.
I. Moreover, in the execution of deeds of gift it is necessary to note the name of the giver, the property, and his
right thereto. Such execution shall not be performed
secretly or through ignorant persons or privately, but the
deed shall be written in full on tablets or on any other
material that the occasion affords, by the donor himself
or by the person whom chance provides, and with the
knowledge of a number of persons. 2. Corporeal delivery
shall follow, to prevent any occasion for violence, forcible
entry and seizure. The neighborhood shall be summoned
and all witnesses shall be employed, by whose trustworthiness it shall later be proved that the property that was
given was delivered, if movable, in accordance with the
wish of the donor, or if the property is immovable, that
free possession was given to the new owner by the withdrawal of the donor. Public records 6 must also be executed
before the judgeT or the magistrates 8 and appended to
such deed of gift.
Given9 on the third day before the nones of February at Rome in
the year of the consulship of Sabinuslo and Rufinus.-February 3,
316(?).
INTERPRETATION:
A deed of gift is executed either as

direct or as one made in contemplation of death.' A gift
is direct when property is delivered in person. A gift is
made in contemplation of death when the donor reserves
for himself as long as he lives the property which he gives,
by writing: "If I should die before you do, this property of
mine shall come to you," so that thereafter the property
thus given shall come to the person to whom it is given and
not to the heirs of the giver. But if the person to whom a
gift is made in contemplation of death should die first, the
property remains in the ownership of the donor.
There is also another kind of gift where the donor binds
the person to whom he gives that he do or not do something, that is, when the donor orders something to be done
which is adjudged to be impossible or which appears to be
contrary to good morals, or when the donor orders something to be done which is honorable and which is possible
of fulfillment, because in the latter case the gift is invalidated when conditions that are honorable and possible are
not fulfilled.," For if dishonorable and impossible conditions are proposed, the conditions are annulled and the
gift is valid.
There is likewise another form of gift in which the
donor reserves the possession 2 to himself for a certain
period of time.
However, if any of the types of gifts comprised above
should exceed the limit prescribed by law, whence certain
5A condition whereby a gift to his ward would become valid.
o acta, 2, 8, 1, n. 4.
7
8
Usually the judge ordinary, the governor of the province.

Of the municipality where the property is located.
9 Posted, Vatic. Frag.

1 Brev. 8, 5; CJ 8, 53; Burg. Rom. 22, 4.
2 3, 30, 2; Brev. 8, 5, I; CJ 8, 53, 25; Edict Theod. 51; Vatic.
Frag. 249; Consultatio 9, 13.
4 mortis causa.
3 Praetorian prefect.
212
10
249.
Severus and Rufinus, 323, since Valerius Maximus Basilius
was Prefect of the City September I, 31g-September 13, 323.
11 This interpretation is obscure and confused.

12 possessio, possession, landholding, property.
8*12*4
Gifts
specified persons are able to bring action on the grounds
of an immoderate gift, that is, if the donor did not reserve
to himself a fourth of his own property, such gifts shall not
be valid. In addition, that type of gift is contrary to law if
any person should give directly any property involved in
litigation for which he is being sued for recovery, or if the
donor in the deed of gift should write a condition that is
contrary to good morals, that is, an incentive for the commission of some crime.
But if anything should be offered or presented to minors
as a gift by any person whatever, the tutors or curators of
such minors must exert themselves to provide that nothing
is lacking for the validity of such gift. But if by the negligence of such tutors or curators the gift should not be
made effective, this negligence shall entail their own loss,
so that the tutors or curators from their own resources
shall make good whatever the minors lost with respect to
such gift.
Moreover, in the execution of deeds of gift, the following order must be observed, that first the deed of gift shall
contain the name of the donor and of the person to whom
the gift is made; then the property which is given shall be
listed by name in the deed of gift, whether it is in fields
or slaves, or in any sort of thing or material objects. This
must be done not hiddenly but publicly, not privately or
secretly, but so that the deed of gift thus made may be
read on tablets or on paper or on any sort of material.
However, the donor himself shall subscribe such deed of
gift, if he knows letters, but if he does not know letters, in
the presence of several persons he shall choose one who
shall subscribe for him. This deed of gift shall be followed
by the formality of registration in the public records and
corporeal delivery. Thus if movable property is given, it
shall be delivered in the presence of several persons, but
if a field or house is given, which cannot be moved, the

donor shall withdraw therefrom and the new owner shall
have free possession of the property given, provided, however, that the donor does not reserve a usufruct in this
property for himself. Of course, the records of gifts shall
be registered either with the judge7 or with the municipal
council.
The same Augustus to Aconius Catullinus,14 Proconsul of Africa.
If apy person should suppose that either a farm entitled
to Italian rights'5 or a stipendiary"e farm should be given
to an emancipated minor before such minor is able to
speak or to have capacity of will to receive the property
which is given to him, the donor must fulfill all the legal
requirements by the execution of documents beforehand
and by the fulfillment of corporeal induction."* For the
sake of trustworthy attestation, it is Our pleasure that this
transaction shall be performed through a slave who appears to be suitable and who shall remain in his own status
2.13
CJ 8, 53, 26.
14 The correct form seems to be Aco Catullinus: 9, lo, I; CIL 8,
5, 14453.
15 Italicus fundus. Italic rights granted certain special privileges,
and especially exemption from the ground tax or tribute.
16 stipendiarius fundus, a farm of the provinces that was subject
to a ground tax or tribute.
17 The new owner was formally conducted to the land and the
ownership was duly transferred to him in the presence of witness.
The ceremony was somewhat similar to the livery of seisin of the
English Common Law.
13
until the minor, to whose property the slave has been

added, shall have passed the years that are subject to the
Laetorian Law and attained full legal age, in order that
then finally, if the integrity and fidelity of the slave have
been proved and if it so please his owner, said slave may
attain the reward of freedom.
Given on the twelfth day before the kalends of May at Sofia
1
(Serdica) in the year of the consulship of Sabinus and Rufinus. April 20, 316.
of the City."9
3. The same Augustus to Cassius, Prefect 20
Regulations were formerly promulgated to the effect
that deeds of gift should be valid in no other way than if
they have been executed with the attestation ofe" the public
records.' i. But because many persons make gifts of property belonging to others or not belonging to them by full
right and execute records of such gifts outside their own
municipality and the province in which they are property
holders, it is Our pleasure that no person shall be allowed
to file deeds of gift in the public records outside his own
province and the site of his own lares, but this must be
done in the place where the donor has his domicile and
where his possessions are located, before his own judge
ordinary,22 or before the curator and the municipal magistrates of the aforesaid municipality, if the judge ordinary
should happen to be absent. 2. For if these formalities
should be omitted, We sanction that no deeds of gift shall
have any validity.
Given 23 on the kalends of May at Rome in the year of the con-
sulship of Sabinus and Rufinus.-May 1, 316(?).18
4. The same Augustus to Bassus, Prefect of the City.

In accordance with the statutes of the sainted Pius,24 an
Emperor most learned in the law, it is Our pleasure that
gifts shall be valid between children and parents on whatever soi 25 and of whatever thing the gift is proved to have
been made, even though the formal words of mancipation"
may not have been spoken and delivery may not have followed, and only the bare intention was declared which contained a plan that was not doubtful and indefinite but expressed such a judgment of the mind that no question of
intention could creep in. If any gift is bestowed between
persons exempt from the requirements of the Cincian Law,
it shall obtain its proper validity, whether the formality of
mancipation has been executed or at any rate the property
is proved to have been delivered. 1. It is Our will that this
law shall apply to all litigation whatever 2 7 that is found to
be pending at the time of the issuance of this Our order
and to all future litigation, but cases already settled shall
not be revived.
Given28 on the nones of October in the year of the fifth consulship
Gallicanus and Bassus (317) ; 9,
io,
i, G.
According to the Chronograph for 354 Cassius was not Prefect

of the City either in this year (316) or in the years immediately
preceding, but he was Vicar of the Prefect of the City from July 13
to August 13, 318. Perhaps Bassus should be read, although he did
19
not become prefect until May 15, 317.

20 It is uncertain what law is meant.
21
by an attestation in, M.
22 The governor of the province.
Posted, G.
This constitution of Pius Antoninus is not extant and there is
no mention of it elsewhere.
25 8, 12, 2.
26 A formal method for the transfer of property.
27 Reading quaecunque, with
M.
2
Posted; 9, 10, 3.
23
2-
C 213
8-12-4
Gifts
29
of Constantine Augustus and the consulship of Licinius Caesar. October 7, 319.

5.8o
The same Augustus to Severus, Count of Spain.
By a law 31 formerly issued We provided that deeds of

gift should be executed and the attestation of the public
record should become surety theref or in the public records.'
This regulation must be especially observed in the case of
gifts between kinsmen and persons very closely joined to
each other, since indeed in the case of clandestine and
domestic frauds anything you please can be easily devised
in accordance with the opportunity of the situation, or that
which has been actually done can be thus nullified. i. Since,
therefore, Our law does not exempt even children and
parents from the execution of records,6 all persons shall be
held by Our statutes formerly issued with reference to the
necessity for registration of gifts in the public records.
However, We preserve the privilege of the law whereby
children and parents are assisted, namely, that for them the
formality of delivery and mancipation is unnecessary.
Given on the fourth day before the nones of May at Constantinople in the year of the consulship of Dalmatius and Zenophilus.May 4, 33332
certain, since it is imperfect.40 1. It shall also be necessary

to execute records of the gift," either before delivery or
after delivery, so that the instrument in which the act of
generosity is contained shall be published in the public records in this City,41 indeed, in the office of the master of
tax assessments, but in the provinces before the governors 2
of the provinces, or if the governors are not at hand, before
the municipal magistrates, or if that municipality or town
in which the gift is formally made does not have magistrates, then before the defender of the plebeians, in whatsoever municipality he may be found; for the curators of
municipalities must refrain from such acts, lest so important a transaction may default on account of their low degree.13 ia. If gifts have already been registered before
curators and the records have been executed, they must be
valid, but in the future all statutory provisions must be
observed, since if any formality should be omitted, the
gift shall appear to be of no validity. 2. Moreover, it shall
suffice for records to be executed anywhere with reference
to property, even though the property is situated elsewhere, 4 provided that under all conditions corporeal delivery shall be formally made in the place where the property given is located.

Celsinus. 3
It was established by Our venerable father34 that gifts
are void unless they have the evidence of the public rec-
Given on the tenth day before the kalends of April at Constantinople in the year of the tenth consulship of Our Lord Honorius
Augustus and the sixth consulship of Our Lord Theodosius Augus-
ords,' and the provision of Our Clemency also no less vigorously supports this measure.
9.4" The same Augustuses to Monaxius, Praetorian Prefect.

Of the law46 that was formerly issued by Us the other
provisions appear to Us to be quite necessary. However,
the fiction of the delivery of gifts, formerly introduced by
the retention of the usufruct, was abolished by said law
but was found to be needed and not without great reason,
since We ought to limit rather than extend the required
formalities of law. Therefore, We renew the ancient law
to the effect that if any person should give any property
outright or as a dowry and should retain a usufruct thereof, even though he should not so stipulate, it shall be assumed that he immediately delivered said property, and
nothing further shall be required in order that the delivery
shall appear more complete, but in every case, in transactions of this kind, the retention of the usufruct shall be
the same as delivery.
Given on the ninth day before the kalends of January in the year
of the consulship of Marcellinus and Probinus.-December24, 341.
7. The same Augustuses"6 to Orfitus,36Prefect of the City.

Since by the decrees of My father it has been clearly
stated that no gift between extraneous persons shall be
valid if it should appear that the formality of delivery is
lacking, and since Our father also relieved only children
and parents from the necessity of such formality, hereafter such rule must be observed in all such undertakings,
so that a gift between extraneous persons shall be adjudged invalid if mancipation2 6 and delivery have not been
legally executed.
Given on the eighth day before the kalends of May in the year of
the consulship of Arbitio and Lollianus.-April 24, 355.

We sanction that gifts shall obtain permanent validity
which are followed by corporeal delivery and that reservation 8 of a usufruct cannot be understood as constituting
delivery. For if any person after his act of generosity 9
should wish to continue his full enjoyment of the property
he has given, he must make special and express provision
in any manner that he wishes, in the written transfer of
possession, of course, in order that his gift may not be un8.3
29
30
Severus and Rufinus (323), M.

CJ 8, 53, 27.
31 8,
32 11, 39,
2.
33
12,
I; cf. 8,
12,
3.
Prefect of the City, M.
Constantine; 8, 12, I, 3 and 5.

35 Emperor Constantius Augustus.
36 Constantine: 8, 12, 4.
37 CJ 8, 53, 27; Burg. Rom. 22, 4-5; Edict Theod. 52-53.
88 Or: Since it is established that gifts ... delivery, We sanction
that reservation, M.
39 A gift.
34
tus.-March 23, 415.
Given on the day before the ides of March at Constantinople in

the year of the eleventh consulship of Our Lord Honorius Augustus
and the second consulship of the Most Noble Constantius.-March
14, 417.
INTERPRETATION: If any person should give anything

from his own property by any form of gift to any person
whatsoever but should retain the usufruct of such property or should give any property for a dowry but should
reserve the usufruct for himself, it is assumed that the
property has been delivered, because the reservation of the
usufruct, even if no stipulation is inserted to that effect, is
considered as a delivery.
Without such written statement.

41 Constantinople; Rome would also be included.
4o
42
43
rectores.
vilitas.
Than the place where the records are executed.

45 Brev. 8, 5, 2; CJ 8, 53, 28; Burg. Rom. 22, 5.
44
46
8, 12, 8.
[ 214 j
Revocation of Gifts
TITLE 13: REVOCATION OF GIFTS'
REVOCANDIS DONATIONIBUS)
(DE

If mothers should believe that they are able to prove that
their children are undutiful, they shall be permitted to approach the courts publicly. I. Moreover, We decree that
the complaints of a free mother shall be accepted and heard,
whether she be freeborn, a freedwoman, or the daughter of
freed persons,3 provided, of course, that she has acquired
the rights of Roman citizenship, just as such women were
able to bring complaints according to ancient laws; likewise
sons or daughters that are freeborn, freed persons, or the
sons or daughters of freed persons,' with the same condition
that they be Roman citizens. 2. We except women who have
entered the bonds of a subsequent marriage, and We decree
that women of only one marriage shall have the right to
revoke their gifts up to one half of the amount given.
3. Moreover, if a child should be accused of undutifulness by his mother and should be convicted, he shall be deprived of one half of the property that he is found to hold
under the title of gift on the day when any beginning whatever of the suit has been granted by the order of the judge.
4. But if any transaction was legally completed while the
mother was at peace with the child and before the institution and beginning of the suit, We do not revoke any such
transaction whereby anything was sold, given, bartered,
bestowed as a dowry, or legally alienated from any other
cause. 5(I). But it is Our will that the action instituted
by the mother shall be so personal that it shall have the
effect only of a vindication4 and shall neither be given
against an heir nor be granted to an heir.
6. Therefore, with reference to all other women, either
those of another legal status than the one mentioned above
or of flagrant baseness and lost virtue, We consider that
sufficient provision has been made even by Our silence. For
who is there who would suppose that such women should
be granted any right, when it is Our will that none of these
privileges should be granted even to those women who have
contracted a subsequent marriage, though lawfully?
Given on the twelfth day before the kalends of October in the
year of the consulship of Limenius and Catullinus.-September
20, 349.5
The same Augustuses to Philippus, Praetorian Prefect.

On behalf of fathers Our forefathers7 sanctioned with a
firm law' that if a father had bestowed anything by title of
gift upon his children and then had proved in court that
said children were undutiful, the entire gift should be revoked, lest the reward of filial devotion should remain in
the possession of those of criminal and disgraceful minds.
2.6
Given on the twelfth day before the kalends of October in the year
of the consulship of Limenius and Catullinus.-September 20, 349.5
INTERPRETATION:
A gift made by a father to an emanci-
pated child is revoked, if the father should prove that he

has been wronged by the child. (Here the regulations on
the revocation of gifts should be sought from the law.) 9
1 Brev.
2
8, 6; CJ 8, 55; Burg. Rom. i, i.

8, 5, n. i ; 8, 13, 2 ; CJ 8, 5 5, 7.
3.10
8-13.6
The same Augustuses" to Orfitus, Prefect of the City.
If ever a childless patron should present all or any part

of his property as a gift to his freedmen and should afterward beget 2 children, the whole of that which has been
given shall revert and remain in the authority and power of
such donor.
Given on the fifth day before the kalends of April in the year of
the consulship of Arbitio and Lollianus.-March 28, 355.
INTERPRETATION: If any childless man should give his
property or a part of his property to his freedmen and if

the donor should afterward have children, the gifts made
to the freedmen are entirely voided.
4.13 The same Augustuses to Orfitus, Prefect of the City.
If perchance any child should obtain a gift from his

mother and should be detected as undutiful toward his
mother, he shall forfeit not, as was formerly -ordered,1 4
the half portion of that which was given to him, but the
entire substance of such property. I. But if a mother should
enter into a subsequent marriage, We forbid her to demand
of her children that which they had obtained by her bounty.
2. Furthermore, We again command that all other provisions shall be observed according to the tenor of the
former law.1 4
Given on the ninth day before the kalends of July at Sirmium in
the year of the consulship of Datianus and Cerealis.-June 23, 358.
INTERPRETATION: If any child should obtain anything by
gift from his mother and should later wrong his mother,
after the facts1 5 of the wrong have been proved in court,
the mother shall entirely revoke the gift, if she so wishes.
But if said mother who presented a gift to her child should
pass to a subsequent marriage, she shall have no right to
impugn the gift for any reason whatever. As for the rest,
the laws must be observed which are contained under the
title, "Subsequent Marriages.""
5. Emperors Theodosius, Arcadius, and Honorius Augustuses to Victorius, Proconsul of Asia.
In an action formulated by statute, a husband shall have
the right to recover gifts which he proves are invalid.
Given on the fifth day before the kalends of July at Constantinople
consulship of Abundantius.-June 27, 393.17

the Senate.
(After other matters.) A gift formally made to a son or
daughter, grandson or granddaughter, great-grandson or
great-granddaughter, at the time of emancipation, cannot
be revoked by the father, grandfather or great-grandfather,
unless the occasions1 5 should be very clearly proved on
which the recipient of the gift has acted contrary to filial
duty itself, and the grounds'- on which he appears to have
been ungrateful are those contained in the law.19 I. However, it will be necessary to examine such cases15 in a judicial investigation and to submit them to Our judgment,
whenever this seems best to a competent trial judge between the parties to the suit. Otherwise We order that complaints of a parent shall not be heard. (Etc.)
s ingenua, liberta, libertina.
10
4 An action for the recovery of specific property.
53, 13,
1.
68, 13, I; Brev. 8, 6, 1; Burg. Rom. i, I.
7 avi, grandfathers, forefathers.
8 Not extant.
9 The words in parentheses are a notation by the interpreter, to
indicate the source of additional material on the subject.
Brev. 8, 6, 2; CJ 8, 55, 8.
suscipere, accept, acknowledge, beget, sustain.

1s Brev. 8, 6, 3; Burg. Rom. I, 2.
12
148, 13, 1.
1- 2,
12,
4.
15 causae.
18 Brev. 8, 6, 4; CJ 8, 55, 9.
E 215
163,
8.
19 8, 14, I.
8-13.6
Revocation of Gifts

in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.-November 7, 426.20
tion should give anything to a son, daughter, grandson

from his son, or great-grandson from his grandson, he shall
not be able to revoke such gift, except by proof in court of
very evident occasions" of offense.
The same Augustus to Veronicianus, Vicar of Asia.

(After other matters.) If any provincial should complain
that any sales had been extorted from him by the accountants who serve any of the governors,' We grant such provincial the right to render such sales null and void, and the
property wrongfully sold shall revert to the ownership of
the vendor, while the illicit and detestable buyers shall be
punished also by f orf eiture of the price paid.
TITLE 14: UNGRATEFUL CHILDREN'

INGRATIS LIBERIS)
sition.
INTERPRETATION:
If any person at the time of emancipa-
(DE

to Praetextatus, Prefect of the City.
If contumacious children should assail their parents with
bitter insults or with any grievous and atrocious outrage,
the law wishes them to be punished by a rescission of the
emancipation and loss of the liberty that they do not
deserve.

Ambiani in the year of the consulship of Lupicinus and Jovinus.August i8, 367.
INTERPRETATION:
If emancipated children should inflict
a grave outrage on their father, if such outrage can be

proved and they are convicted, the emancipation shall be
rescinded, and they shall be restored to the family.
TITLE 15: SALES AND GIFTS TO PERSONS
IN ADMINISTRATIVE POSITIONS AND IN
PUBLIC OFFICE'
(DE HIS QUAE ADMINIS-
TRANTIBUS VEL PUBLICUM OFFICIUM GERENTIBUS DISTRACTA SUNT VEL DONATA)

1.2
... Agrippina said:8
"He no longer administers that district." 4

Constantine Augustus said: "But it is provided by law
that no administrator shall purchase anything, and so indeed there is no difference whether he purchased it in his
own district 5 or in the district of another, since it appears
that he made the purchase contrary to law."
And he added: "Do you not know that everything purchased by administrators is made the property of the fisc ?"
Agrippina said: "He was not the provost of that district.
I purchased the property from his brother. Behold, here is
the deed of sale." 6
Constantine Augustus said: "Codia and Agrippina shall
recover the statutory price from the vendor."1

20
4,
I,
1.
2
'Brev. 8, 7; CJ 8, 49.
Brev. 8, 7, I;
CJ 8, 49, 1.
1 Brev. 8, 8; CJ I, 53. Most of the laws of this title were repealed by a later constitution that has been lost. Cf. 3, I, io; Nov.
Val. 32.
2 I, 39, 5; I, 22, 4; 4, 20, 3; CJ 1o, 48, 2.
3 This constitution evidently represents the records of a hearing in
the imperial consistory, with the Emperor Constantine presiding.
Two women, not identified except by their names, Codia and Agrippina, had bought property from the brother of the provost (Gr.
praipositos) of a district, pagus. The text is incomplete.
4 Gr. topos, the same as Lat. pagus.
6 Gr. hai onal.
5 pagus.
7 The property had been illegally purchased by the provost and
was thus subject to confiscation by the fisc. The property was later
acquired by the brother of the provost, who sold it to Codia and
Agrippina. Apparently it was now being confiscated, and thus the
women recovered the purchase price.
E 216
2.8

year of the consulship of Optatus and Paulinus.-May 19, 334.
[INTERPRETATION:]
This law does not need any expo-
3. Emperors Valentinian and Valens Augustuses to Jo-
vinus,1 o Prefect of the City.
The chiefs of office staffs, the secretaries, the prison

registrars, the accountants, and the apparitors ordinary in
each office staff shall know that they are debarred from purchasing landholdings, houses, and slaves. Whether, therefore, they appear to have been born in the provinces in
which they are known to sustain the aforesaid duties, or in
other provinces, by all means they must refrain from such
purchases in those provinces in which they serve. I. Moreover, We command that the aforesaid persons shall be able
to traffic only with their ancestral property, but provided
that the sale shall be executed before the governor 9 of the
province and for a price not less" than that demanded by
reasonable equity.
Given on the third day before the ides of April at Constantinople
in the year of the consulship of the sainted Jovian and of Varronianus.-April II, 364.
2
4. The same Augustuses to Seneca.'
(After other matters.) Consider the force of that law'and obey it, whereby it was recently established that persons serving in public office shall not buy or sell anything
while they are in the office that they have received.
the consulship of Valentinian and Valens Augustuses.-June 27,
365(f)-.

All administrators shall abstain from shameful trafficking. The judge of higher rank shall consider that this same
regulation has been prescribed for him; likewise, the judge
of the middle rank and every judge of lowest rank.15 1.
No administrator in the province which he protects shall
conceive any desire to purchase anything while he sojourns
in said province; the same regulation applies to his comrades and associates in the administration; for the assessor1 6 of the governor appears to be part of each administration. 2. We order also the advocates of the fisc to be
debarred from such contracts, as well as the chiefs of office
staffs or secretaries of office staffs and those who under the
name of prison registrars guard the prisons that are loathed
by unhappy men. With the same regulation We constrain
also the registrars of the provinces and of the separate
cities. Likewise, the accountants either in the office of a
8 8, I, 4; Brev. 8,
10 Jovius, 14, I, I.
8, i.
11 pretia min ora is obscure: pretia majora seems more logical.

138, 15,3.
141,29,2.
x" Apparently the Illustrious, the Respectables, and the Most

Noble.
16 A legal adviser who sat with the judge on the bench. See Glossary.
8-16-1
Annulment of Penalties for Celibacy and Childlessness

prefect or of a vicar shall observe the same rule. 3. In addition, this law shall apply to the apparitors and the decurions who undertake any kind of exactions,' and to those
persons also who are entrusted with any investigation"8 or
with the administration of tax assessments; also to the
chief decurions who issue the general regulation for all tax
assessments, and likewise to curators. 9 4 (2). But if any
of the aforesaid persons should be discovered to have purchased anything either privately or publicly during the time
of his service, the transaction shall be revoked as invalid.
Moreover, those purchasers who in contravention of these
prohibitions ... shall be deprived not only of the property
purchased either through themselves or through another
person, whether such property consists in fields, houses,
slaves or any movables whatever, but they shall also be deprived of the money which they paid as a price. 5. Nor shall
any person inquire whether it appears that the interdicted
transaction had been made in the civil fashion 20 or in a
violent manner. Nor shall the person suing for recovery of
his own property be prejudiced by an intervening sale or
gift or any mention of a legacy 2 ' of the property in question. For in whatever manner the purchaser has transferred to another person the property which he ought not
to have bought while in office, We grant the unrestricted
right to follow up the actual piece of property. 22 6 (3).
Moreover, We add the provision that if the owners of
pieces of property that have been sold should delay suit for
recovery for five whole years after the original purchaser
once became a private citizen, 2 3 the fisc will immediately appropriate to itself whatever property is proved to have been
sold contrary to this prohibition.
Given24 on the third day before the nones of August at Sirmium
-August 3, 366; 370; 373.
6. Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Praetorian Prefect.2 5

If any person should give anything to an administrator
of a province or provinces, and similarly to any person at
the summit of power, he shall have the right of recovery at
any time within the next five years from the time when the
aforesaid person began to be a private citizen.2 3 1. In this
decree of Ours We include not merely the person who is
judge, 26 but, with a desire to make suitable provision, We
extend this regulation more widely. If, therefore, a person
has bestowed anything by his bounty upon an administrator
or an administrator's wife, son or daughter, grandson or
granddaughter, and so on ad infinitum, whether upon an
emancipated child or one under power, 27 without distinction, or if he has so bestowed anything upon an administrator's father, mother, brother, sister, father-in-law, motherin-law, member of his council, or confidential adviser, and
17 Such as tax collections.
1s Especially of delinquent tax payments.
19 Of municipalities.
20
21
civiliter, in civil fashion, according to legal formalities.

legatum, legacy, assignment.
22 That is, specific recovery, vindication, 8, 13, n. 4.

23 The higher administrative officers were not ordinarily subject to
suit while in office.

24 Either posted at Sirmium or reissued from there by Probus, the
Praetorian Prefect, 7, 4, 1.
25 Master of Offices, 6, 27, 3. Florus was not Praetorian Prefect
in 380, M.
26 The judge ordinary, the governor of the province.
27 in sacris agens.
if the donor has been forced to this act of generosity,

whether duress has been openly used or secretly and privily
imposed, the donor shall have the right to recover such gift
within the time that We have prescribed, just as though the
property had departed from his ownership without any title
of an alienation that was even begun. For the recovery of
possession there shall not even be any need of a formal notification of a suit, but it shall suffice to prove before a
judge who has the jurisdiction of the matter, the time when
such an act of liberality was consummated. When this fact
has been made clear, the property, 28 together with its fruits,
shall revert to the donor just as though it had never departed from his ownership. 2. Moreover, We leave a similar right of action to the heirs of the donor, if the donor
should die within the time when he is still living under the
administrator's power, by the improper use of which power
the gift appears to have been extorted. But if the donor
should survive until the administrator retires from power, 2 9
then We extinguish the right of action for his heirs, especially since by the consent of his silence the donor appears
to have confirmed a gift invalid from the beginning.

Accountants shall not purchase anything or make any
contracts. (Etc.)
Constantinople in the year of the consulship of Antonius and Syagrius.-September 14, 382.30

Of the persons specified in the former laws, no one, not
even those of the Most August authority,"' shall acquire
anything during the time of his administration, either by
title of purchase or of gift.
Given on the third day before the ides of July at Constantinople
in the year of the consulship of the Most Noble Caesarius and
Atticus.-July 13, 397.
TITLE 16: ANNULMENT OF THE PENALTIES

FOR CELIBACY AND CHILDLESSNESS' (DE
INFIRMANDIS POENIS CAELIBATUS ET ORBITATIS)
Emperor Constantine Augustus to the People.
Those persons who were formerly considered celibates
by the ancient law shall be freed from the threatening terrors of the law, and they shall live as though numbered
among married men and supported by the bonds of matrimony, and all men shall have an equal status in that they
shall be able to accept anything to which they are entitled.3
Nor indeed shall any person be considered childless, and the
prejudices attached to that name shall not harm him. I. We
consider that the same provision shall be effective with
1.2
28
29
possessio, possession, landholding, property.

Or : within t'he time that the administrator is still in power.
so 8, I, 13; 8, 15, 6.
a1 The praetorian prefect.
1 CJ 8, 57; Glossary, s.v. Julian and Papian Laws.

2 CJ 8, 57, 1. This law is due to Christian
influence.
- According to the previous laws, unmarried and childless persons
were not allowed to accept gifts, inheritances, or legacies beyond a
certain very limited amount.
217
8*16*1
Annulment of Penalties for Celibacy and Childlessness
respect to women, and We release all of them indiscriminately from the legal compulsion imposed as yokes on their
necks. 2. But the abuse of this benefit 4 shall not extend to
husbands and wives with respect to each other, since their
deceptive blandishments, for the most part, are scarcely restrained even by the opposition of the rigor of the law, but
between such persons the ancient authority of the law shall
remain in force.
Given on the day before the kalends of February at Sofia (Serdica): January 31. Posted on the kalends of April at Rome in the
year of the sixth consulship of Constantine Augustus and the consulship of Constantius Caesar.-April I, 320.5
TITLE 17: SPECIAL RIGHTS THAT ACCRUE

TO PARENTS ON ACCOUNT OF THEIR CHILDREN' (DE JURE LIBERORUM)
We sanction that there shall be the unrestrained privilege of supplication to the Emperor in petitioning for the
special rights that accrue to parents on account of their
children, without any limits of time, and neither age nor
time shall debar the prayers of those persons who implore
the Emperor, but despair alone of having children shall
suffice unhappy parents for demanding such aid.
i.
Given on the seventh day before the ides of May at Constantinople in the year of the fourth consulship of Arcadius Augustus and
the third consulship of Honorius Augustus.-May 9, 396.

Isidorus, Prefect of the City.
By this law We decree in perpetuity that between husband and wife the application of the rule of one tenth as
provided by the Papian Law shall cease, and although children may not have been born, such husbands and wives may
mutually take the full amount under each other's testaments, unless perchance some other law should diminish
that which has been left.4 i. Therefore, husband and wife
shall hereafter have the right to leave to each other as much
as their surviving love may demand.
2.2
Given on the day before the nones of September in the year of the
consulship of the Most Noble Varanes.-September 4, 410.
3.5 The same Augustuses to Isidorus, Prefect of the City.

No person hereafter shall petition Us for the special
rights that accrue to parents on account of their children,
for We bestow this privilege upon all alike by this law.
(Etc.)
Given on the day before the nones of September in the year of the
consulship of the Most Noble Varanes.-September 4, 410.
4-6 The same Augustuses to Johannes, Praetorian Prefect.

(After other matters.) We do not allow the rights of
the successor of the Most Noble Catullinus to be prejudiced
by the fact that it is proved that Catullinus while still living
did not file in court the fact that he had impetrated the
special rights that accrue to parents on account of their
common children, and We decree that such neglect shall
4 The right to accept gifts, legacies, and inheritances.
never prejudice the rights of any person in a similar case.

(Etc.)
Given on the thirteenth day before the kalends of March at Ravenna in the year -of the ninth consulship of Honorius Augustus and
the fifth consulship of Theodosius Augustus.7-February 18, 412.
TITLE 18: PROPERTY FROM MOTHERS AND

FROM THE MATERNAL SIDE; THE ABROGATION OF CRETION' (DE MATERNIS BONIS
ET MATERNI GENERIS ET CRETIONE SUBLATA)
1.2 Emperor Constantine Augustus to the Consuls, Praetors, Tribunes of the Plebs, and to the Senate, Greetings.
It is Our pleasure that the reverence and devotion that
are due to hallowed names3 shall be preserved and that
fathers shall retain the power, indeed, and the right of
usufruct of the property of their children who are still
under their authority,4 in so far as this property is derived
from the children's maternal possessions, but fathers shall
be denied the license to despoil their children.
i. Therefore, the fiction of cretion shall cease in the
matter of maternal inheritances only, and property which
has devolved upon children from the inheritance of a
mother shall be under the power and control5 of fathers
in such a way that they shall have the unquestioned right6
of usufruct, but they shall be denied the license of alienation. For it is Our pleasure that a maternal inheritance7
which devolves upon children under paternal power,' after
the children become legally independent on the death of
their father shall be possessed by them as their special property, without any co-ownership of any person.
2. But if a father should wish to see his sons the heads
of their own households9 and should emancipate them, he
must deliver to them their maternal substance; but the sons,
after they have received the gift of freedom and have become masters of their own property, that they may not
seem ungrateful, shall offer to their father as a gift one
third of the property that he had guarded for them; and if
they should undertake to divide the property, the valuation
shall be entrusted to the judgment of responsible men.10
The father shall also have the unrestricted power to alienate
his third, if he should so wish.
3. Moreover, before the emancipation of their children,
parents having the right of usufruct" of these maternal
goods must employ all diligence to protect such property,
they must claim in court whatever is rightfully due to the
children, and they must assiduously make expenditures
from the incomel 2 of said property and resist those who
bring suit. They must conduct everything just as though
they had full and complete ownership' and as though they
7 In the year after the ninth consulship of Honorius Augustus and

the fifth consulship of Theodosius Augustus, I, 2, 12; 2, 19, 6.
1 Brev. 8, g; Burg. Rom. 8,
22, 2; CJ 6, 6o.
8, 9, I; Nov. Th. 14; CJ 6, 6o, i.
3 Such as "father," "son," etc.
4 in sacris constituti.
5 dominium, the regular word for ownership.
2 Brev.
5 3, 2, I; II, 7, 3.
2 8, 17, 3; CJ I, ig, 6; 8, 57, 2.
1CJ 8, 58.
8 Inherit and accept legacies.
As an inheritance or as a legacy.
6
CJ 6, 23, 19.
58, 17 , 2; CJ 8, 58, 1.
pontificium.
7 maternum patrimonium, a matriheritage, an inheritance derived

from the mother's side.
8 in potestate.
9 patresfamilias:sui juris.
10 viri boni.
11 potestasutendi fruendique.
12 fructus, fruits.
E 218 ]
Property from the Maternal Side; Abrogation of Cretion

had the statutory right to act," and thus if they should ever
wish to alienate any property, the buyer or the donee must
be on guard lest either wittingly or unwittingly he should
receive any part of the property which the father is forbidden to alienate. For the father must prove that he has
the proper right"' to any property which he either gives or
sells, and if the purchaser should so wish, he shall be permitted to take a guarantor' 5 or surety, because he shall not
be able to oppose any prescriptionl 6 against the claims of
the children whenever they undertake to vindicate their
own property.
Given on the fifteenth day before the kalends of August at Aquileia-July 18. Read in the Senate before Vettius Rufinus, Prefect
of the City, on the nones of September in the year of the fifth consulship of Constantine Augustus and the consulship of Licinius
Caesar.-September 5, 39, 35.17
The remaining part of the above law

is contained in other laws, but the present law has only this
additional provision beyond those of the other laws, namely,
that a father who is ordered to manage the property of
his children shall provide that their affairs are administered
with the greatest diligence and integrity, so that the
children may not lose anything through the negligence of
their fathers. But the father shall provide for the collection
and sale of the fruits of the maternal property without any
negligence, so that beginning at the statutory time, the children may obtain their portion without any diminution, just
as is prescribed by the Novel, 1 and fathers shall not be
permitted to alienate the property of their children, that is,
either to sell it or to give it away. But if perhaps fathers
should so presume, the purchaser or the person whom" the
donor may approach should guard himself with great solicitude and care, lest either wittingly or even unwittingly he
should accept any property of the children which had been
purchased by him or presented to him by the father. He
shall compel the father who is either a vendor or donor and
who retains the property of his children in his power, to
prove his ownership of the property that he delivers. Also,
in order that he may banish his suspicion, a purchaser shall
take a guarantor"o from the father who sells the property,
and this guarantor, by the obligation of his own property,
shall provide against any loss of the purchaser. For if the
father should die, children shall be permitted to recall to
their ownership5 their own property from any persons whatsoever, whether such property has been sold or given away
by their father.
INTERPRETATION:
The same Augustus to Julius Severus.

Whenever, by the interposition of cretion, any property
comes to a father from the maternal succession of his children and the inheritance of such maternal property has
devolved upon the children, it is Our pleasure that said
property shall be held under the control of the fathers in
such a way that they may appropriate only the control of
the possession,22 but they shall not have the license or the
power to alienate such property, so that when a father is
2.21
As a legal representative, persona legitima.

15 sponsor, fidejussor.
16 He shall have none of the legal rights of bona fide purchasers.
17 The fourth consulship of Constantine Augustus and of Licinius,
315, since Vettius Rufinus was Prefect of the City August 20, 315August 3, 316, Chron. Min. I, p. 67, M.
18 Nov. Th. 14.
19 Reading cui.
20 fidejussor.
21 Brev. 8, 9, 2; Nov. Th. 14.
22 dominium possessionis, that is, the usufruct. The possession, G.
13
14 proprium jus.
8-18-3
induced to emancipate his children by the fact that they

have arrived at legal age and he wishes to see his own
children heads of households,9 the children shall offer him
one third of the maternal property as though for a gift.
If the father should suppose that such gift ought to be accepted, the decision as to partition must be submitted to the
sense of justice of responsible men.' 0 After they have made
the partition, the father shall have the right to receive the
third part offered to him, with the provision that he shall
have the right also to alienate his part; provided that any
father can be found who would be pleased to embrace this
license, since in every case it is expedient for children to
strive that by the devoted affection of diligent subservience
they may deserve to recover the portion which they gave
to their father.
Given on the seventh day before the ides of September at MilanSeptember 7. Received23 on the nones of October in the year of the
fifth consulship of Constantine Augustus and the consulship of
Licinius Caesar.-October7, 319.
INTERPRETATION: On the death of his wife, a father may
possess the maternal goods of the children in such a way
that he may have the usufruct of them, but a Novel" has
provided to what extent and how long he may hold such
property. However, the father shall not have any power to
sell or give any of this property. Of course, if after the
death of the mother the father should emancipate a child,
then from the maternal estate, that is, from the emancipated child's portion, the child shall offer as a gift one third
part from his maternal estate. However, this part shall remain in his ownership2 4 in such a way that the father shall
acquire it upon a partition of the estate by responsible
men.'o If, however, the name of father can be brought to
such a condition that with impious avarice he should accept the property of his children or leave it to others, still
it is fitting that the children should strive that by their
service and filial devotion they may recover that which they
gave their father on account of emancipation.
3.25 The same Augustus to Severus, Count of Spain.
We have been informed that certain fathers, bereft of

the bonds of their first marriage, hasten to ruin their children, without any compassionate consideration of their
blood kinship, and that after accepting another marriage
they vindicate for themselves a greater authority 26 in the
affairs of their children. Since such fathers appear to have
remained as usufructuaries in the goods of their children,
they trust that they can appropriate these goods and convert them to their own use, so that by these means, the
children who remain in bereavement" may be given no
opportunity to obtain possession or to institute suit. I.
Therefore, it is Our pleasure that no father, after contracting a subsequent marriage, shall consider that he may
defend any right to the property of his former wife, except
as a guardian until the minors appear to be of legal age.
Moreover, Our regulation orders all such property to be
preserved and restored to said children.
Posted28 on the third day before the kalends of April at Constantinople in the year of the consulship of Optatus and Paulinus.March 30, 334.
23 Received on the seventh day before the ides
of September at
Milan, G.
21 proprietas.
2s CJ 6, 9, 8.
26 major Persona.
27 in orbitate.
28 Given, G.
E 219
8-18-4
4." Emperor Constantius Augustus to Dionysius.
We order the abolition of the requirement of the formality of cretion, whereby children subject to paternal power
formerly acquired, for those persons in whose power they
were, the property of their maternal inheritances and of
various inheritances that devolved upon them, so that if
any property came directly to children before their sixth
year, or if any property devolved upon them before their
sixth year,"0 such property was acquired by their father
in his own right. But if indeed there should be no children
surviving the father, since the children had died within the
time defined above, the property which devolved upon the
children from the maternal inheritance or from the property of their mother's family shall belong to the next of
kin on the mother's side, since reasons of equity have persuaded Us that We should modify Our former order"
which had directed that the inheritances of children, without any distinction of time, should belong to their fathers.
I. But if any person of the father's family or of the
father's friends should leave anything 2 in any way whatever, by a similar regulation of justice, such property shall
belong to the father or to the father's family, so that property deriving from each family shall appear to have come
into the possession of these various persons rather than to
have been acquired by them.
2. But after the completion of the sixth year of his age
and equally without any necessity of the aforesaid cretion,
if any property is conferred upon a child by any kind of
succession whatever, he shall have the right to transmit
such property by paternal right" to those persons in whose
power he is.
Posted3 4 on the day before the ides of March at Heliopolis in the
year of the second consulship of Constantius Augustus and the consulship of Constans.-March 14, 339.
5.35 The same Augustus to Leontius, Count of the Orient.
If any person should refuse to be the heir of his father,

he shall not be able to receive the estate of his deceased
grandfather, especially if such person be emancipated, unless through the grant of possession of the goods36 he
should attain such a privilege.
I. Whatever is left by a maternal grandfather is acquired for the father of the child, and if a legacy or a
trust" should be paid," it also becomes a part of the
father's estate. But if the day for the vesting" of the
trust or of the legacy had already arrived,'40 the right to
petition for such trust or legacy devolves upon the heirs
of the father. 2. But if a son under paternal power' is
proved to have been instituted heir by his maternal grandfather, the father shall order the child to cern, and after
the child has cerned, the inheritance shall come to the father
29 CJ 6, 9, 8. The official position of Dionysius is unknown.
s0 The text of this constitution and of the next is fragmentary, and
many scholars have suggested various conjectures for filling out the
lacunae. M. omits the seventh line as a dittography. Kr. accepts this
line, and we translate his text. M. omits: or if any property devolved upon them before their sixth year ...
32 To the children.
31 Not extant?
s jus patrium, the right of his father over him.
34 Given, and to be connected with the Syrian expedition of Constantius in 338-339, M.
85 CJ 6, 30, 15; 6, 14, 3. The text of this constitution is defective,
on account of the mutilation of the ms, n. 30.
36 bonorum possessio, possession of the goods of an inheritance.
3 dies cedens.
8 To the child.
87 fideicommissum.
41 filiusfamilias.
40 Before the father's death.
through the medium 4 2 of the child. Formerly,43 indeed, it

was Our pleasure that possession of long time" in the case
of inheritances bestowed upon children was ineffectual, and
that fathers could acquire such inheritances only by the
formality of cretion; but the case of maternal inheritances
was excepted. It is absolutely certain that such inheritances
cannot be acquired, in which the force and name of cretion
have been eliminated."5
3. Nor indeed can it be doubted that if, before the vesting 3" of a legacy or trust, or before the child cerns by order
of his father, he should become legally independent,4 he
may acquire the inheritance at his own discretion.
Given on the eighth day before the ides of April in the year of the
consulship of Limenius and Catullinus.-April 6, 349.
6.7 Emperors Gratian, Valentinian, and Theodosius Augustuses to Hesperius, Praetorian Prefect.
Just as fathers are not allowed to sign over to other persons their children's maternal property, either by sale or
by gift, in the same way, fathers shall not be allowed to
alienate that property which the father or mother of a
child's mother or the grandfather or grandmother of a
child's mother has given or left on intestacy to such grand-
children or great-grandchildren.
I. But in the case of property bestowed upon children
by extraneous persons or by persons of a collateral line of
kinship, with the exception of those kinsmen of whom We
have spoken, the fathers shall be granted whatever property has been thus bestowed upon the children who are
under their power.
Given on the day before the kalends of August.-July 31. Received on the fourth day before the kalends of September in the
year of the consulship of the Most Noble Auxonius and Olybrius.August 29, 379.
INTERPRETATION: On the death of his wife, a father

shall possess the property" of the children in such a way
that he shall not be permitted to sell any of said property

or to give it or to alienate it in any other manner. Similarly, also if maternal grandfathers or great-grandfathers
should give or perhaps leave anything to their grandsons

or granddaughters, great-grandsons or great-granddaughters, the father of the children shall not be permitted to
transfer such property in any way to other persons. Of
course, if by a grant or gift" of extraneous persons anything should be added to the property of children under
power,50 or if other near kinsmen than those named above
should bestow anything, fathers shall acquire the whole of
such property, so that they shall have the power to do with
it whatever they wish.
7.51 Emperors Arcadius and Honorius Augustuses to Florentinus, Prefect of the City.
If a grandfather, grandmother, great-grandfather, or
great-grandmother should bestow anything upon a grandson, granddaughter, great-grandson, or great-granddaughter, by the generosity of any title whatever, that is, by testament, trust fund,"1 legacy, codicil, gift, or even by
inheritance on intestacy, the father shall preserve such
42persona media.
44possessio longi temporis.
46propriae potestatis: sui juris.

47
CJ 3, 31, 10.
CJ 6, 30, 15.
Brev. 8, 9, 3; CJ 6, 32, 4; Burg. Rom.

48Coming from the mother.
49donatio, munus.
51
Brev. 8, 9, 4; CJ 6, 6o,
21, 2.
50 flii in familia positi.
2; Consultatio 7a, 3.
[ 220 ]

property entire and undiminished for his son or daughter,
so that he shall not be able to sell, give, leave to another,
or obligate such property, and just as he himself loses all
license of any power with reference to such property, upon
his death such property shall be reckoned as the special
property -of his son or daughter, and it shall not be vindicated by copartners" from the father's side. We also
abolish permission to supplicate Us hereafter against these
regulations. (Etc.)
Given on the ides of October at Milan in the year of the consulship of Olybrius and Probinus--October 15, 395.
INTERPRETATION: If any property should come to

grandsons or great-grandsons by gift or testament or by
inheritance" or by any written instrument of maternal
grandfathers or grandmothers, the grandsons or greatgrandsons shall have the right to vindicate this as their
particular property, that is, as their very own, after their
father's death, and such property will not have to be
brought into a common fund with coheirs, if it has been
bestowed upon expressly named persons by the bounty of
such maternal grandparents.
8." Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Praetorian Prefect.
By Our authority We prescribe by definite intervals of
years the age of an infant child in the matter of claims by
the father for the right to possession of the goods"' of a
maternal inheritance or of assuming the rights of succession, so that whether the child should begin to speak very
early or very late, before the seventh year of the child's
age his father shall either request the possession of the
goods," or by any attestation whatever in the public records, he shall accept the rights of succession. But when
the child has reached this age, he shall either petition for
the benefit of the edict,55 or he shall express his intention
with regard to the acceptance of the succession, provided,
however, that within the year prescribed for the impetration of the possession of the goods of the estate36 both
father and child shall declare their intention with reference to taking such possession.
I. Moreover, by this law We decree that the scrupulous
formality of cretion shall be completely emended and abolished, whether a maternal inheritance or any other inheritance is bestowed upon a child under power.41
Given on the sixteenth day before the kalends of April at Constantinople in the year of the seventh consulship of Our Lord Honorius Augustus and the second consulship of Our Lord Theodosius
Augustus.-March 17, 407.
the Senate of the City of Rome.
(After other matters.) If a wife should die intestate and
leave surviving common children who are living under
their father's power, her husband enjoys the ancient benefit
of the law and the statutes with respect either to the retention of the usufruct as long as the children remain in
his power or to the acquisition of a third of the estate by
the benefit of the law51 of Constantine, if he bestows freedom upon the children.' I. But if the children have been
emancipated during the lifetime of the mother, then only,
52
consortes, sharers in the property.
53 On intestacy.
CJ 6, 30, 17.
55 Which grants the possession of the goods of the inheritance

(bonorum possessio).
56
5
Brev. 8, 9, 5; CJ 6, 60, 3.
8, 18, I.
58
By emancipation.
8.18.9
since the father is deprived of all advantages and does not

retain the usufruct, We grant to him the usufruct of an
equal part among his children, whether there be only one
child or several children. 2. But if the woman at her death
left some of the children emancipated by the father and the
others under the father's power, in those different situations the husband of the deceased enjoys the corresponding
benefits which We prescribe for each of the two cases, that
is, with reference to the portion of those children whom he
still holds under power,' he shall retain the usufruct in
accordance with the authority of the statutes, and whenever he so desires, he may obtain the reward that comes
from the emancipation that he may confer on these children; but in the case of the other children who appear to
have been released from power"8 during the lifetime of the
mother, the father shall obtain the usufruct of an equal
portion among them in accordance with the statutory prescriptions.
3. In the case of grandsons and granddaughters also We
decree that the following rule shall be observed, namely,
that if a husband on the death of his wife, with no children
living, should be called to the benefit of the succession,
along with only the grandsons and granddaughters, in accordance with this law, if one grandson or granddaughter
or if several grandchildren should be born from one or
several children who died while under power, such husband
shall enjoy that legal right which has been established with
reference to the children. 3(a). For although the present
law establishes this new principle with reference to the
grandchildren, it is not, however, inconsistent that in this
case the children should not be allowed to be of inferior
right to the grandchildren. 3(b). Therefore, the grandfather, on coming to the succession along with the grandchildren who are still under power, shall have the usufruct
of all the property which is bestowed from the succession
of the deceased grandmother. 3(c). But when to these
grandchildren also freedom has been generously given by
emancipation, similarly also as a reward for their manumission the grandfather shall receive from them one third,
just as the law provides in the case of children. Or if, of
several grandchildren, he should manumit some and retain
others, he shall retain one third from the portion of the ones
manumitted and the usufruct of the portion of the ones remaining under power. 4. But if grandsons or granddaughters, born from an emancipated son or from a daughter,
have been left by their father under paternal power 4 while
the grandmother is still living, the aforesaid grandfather
shall have the usufruct of an equal portion along with the
grandchildren. 4a. But if, at the time when they are called to
the succession of the grandmother, some of the grandsons
and granddaughters are under the power of their grandfather, that is, of the husband of their deceased grandmother, and others are legally independent, the method
mentioned above shall be observed with respect to the
acquisition of the usufruct in the case of those children
who remain under power, and with respect to the acquisition of the third as a reward for emancipation, but in the
case of those who are legally independent, the grandfather
shall retain the right to take the usufruct of an equal share
of their inheritance. 5. Moreover, We sanction the same
regulations with reference to great-grandchildren of either
sex, and the distinction shall remain in force which was
sanctioned in each case, if there are sons and grandsons at
the same time. (Etc.)
E 221
8-18-9

INTERPRETATION: If a wife should die while her husband
is still living and if she should leave all her children under
the power of their father, the father shall have the usufruct of the maternal goods of the children up to the time
that is established by the Novel.60 But if, after the death
of the mother, the father should emancipate a child or
children, from the portion of those whom he makes free
he shall obtain a third from the children as a recompense
for the bestowal of freedom, and this third shall be vindicated to his right forever. But if, during the lifetime of
the mother, the father should emancipate a child or children, since he is not able to vindicate a third portion from
the portions of the children during the lifetime of the
mother, it shall be necessary after the mother's death, if
the father survives, that he obtain as a usufruct, to be possessed as long as he shall live, a share equal to that of each
emancipated child, that is, a half portion of the estate if
there is only one child, a third portion if there are two
children, and a fourth portion if there are three children.
But if some of the children had been emancipated by their
father during the lifetime of their mother and some of
them, perhaps, had not been emancipated, the same general rule as that prescribed above with reference to emancipated and non-emancipated children shall be observed by
the father.
But if the wife should die when there are no children
surviving and if the paternal grandfather has grandsons
or granddaughters from his children, all of whom are
under the power of their grandfather, the same general
rule shall be observed with reference to these grandchildren in all particulars as that with reference to children.
But if the grandfather should wish to emancipate some of
the grandchildren, he shall similarly receive a third portion, as in the case of the portions that he receives from
the children, and the present law has established that a
similar rule must be observed with reference to greatgrandchildren.
(After other matters.) If a son or daughter should die
without children and should leave surviving a brother or
brothers, a sister or sisters, and a father, whether the deceased had been emancipated or died while still under
power, the father without doubt shall obtain the portion of
such son or daughter, whether acquired from the maternal
estate or from any source whatever by any right whatever,
and he shall possess such portion by perpetual ownership.5
I. But if the father should subsequently marry a stepmother for his children, he shall have as his own and possess by perpetual right of ownership 5 whatever property
the deceased child acquired from extraneous sources, but
of the deceased child's property that was acquired from
the patrimony of the mother, the father shall retain only
the usufruct, and after his death, the ownership shall devolve upon the other children that were born from the
same marriage. If, before the death of such child, the
father has occupied the home with a subsequent marriage,
he shall observe a similar regulation," and he shall possess
with perpetual right the property of his child acquired from

extraneous sources, but he shall retain only the usufruct
of the child's maternal property. 2. But if the son or
daughter should die and leave surviving children still under
power,68 the father shall retain only the usufruct of the
entire portion of the deceased, and the ownership 4 shall
be preserved for his grandchildren, that is, the children of
the deceased. But if the grandchildren, at the time of the
death of their mother, are not under the power of their
grandfather, they shall themselves be called immediately
to the succession of their own father or mother. (Etc.)
Given on the seventh day before the ides of November at Ravenna in the year of the twelfth consulship of Our Lord Theodosius
Augustus and the second consulship of Our Lord Valentinian Augustus.-November 7, 426.65
INTERPRETATION: When a mother has been lost and the
father survives, if a son or daughter, either emancipated
or not emancipated, should die without children, the father
on the death of the child lawfully succeeds to the entire
portion of said child. But if the father should marry another wife, he shall possess only in usufructuary order 6
the property which the deceased child left from his maternal estate. After the death of the father, the property
of the deceased child, derived from the maternal estate,
shall devolve upon the brothers of the deceased who were
born from the same marriage. But property acquired by
the deceased child from other sources shall remain under
the ownership of the father. But if a son or daughter having children should die during the lifetime of the father,
the father shall retain by usufructuary right the property
of the grandchildren, just as that of his children. But if an
emancipated son or daughter should die, 67 their children
succeed to their entire portions, with no power reserved
to their grandfather.
TITLE 19: PROPERTY ACQUIRED THROUGH

MARRIAGE BY CHILDREN UNDER PATERNAL POWER' (DE BONIS QUAE FILIISFAMILIAS EX MATRIMONIO ACQUIRUNTUR)
the Senate.
(After other matters.) Since the venerable laws3 forbade that a father, by the right of his power, should acquire any property bestowed by any title upon his children
by their grandfather, grandmother, great-grandfather, or
great-grandmother on the mother's side, the following
regulation also shall be observed, namely, that under no
condition shall a father acquire any property that by any
title or right a wife has transferred -or left to a husband
who is not emancipated, or a husband, to a wife, who is
under paternal power. Therefore, such property shall remain exclusively in the ownership 4 of the person on whom
it was bestowed. (Etc.)
63 Reading positis. Or, reading positi: if the son or daughter, still
under power, should die.
64 proprietas.
65 Some manuscripts read: Given on the eighth day. Cf. 4, I, I.
66 usufructuariusordo, as a usufruct, usufructuary right.
67 During the lifetime of the father.
I Brev. 8, io; CJ 6, 61; Burg. Rom.

59 4, i, I, n. 5.
61 Brev. 8, 9, 6.
Nov. Val. 35, 1o.

62 causa.
6o
Brev. 8, io, I; CJ 6, 61,

38, 18, 1Iff .
I;
22, 2.
Burg. Rom.
4 jus.
222 J
22, 2.
Property Acquired by Children under Paternal Power

INTERPRETATION: Just as a father does not acquire the
property which a maternal grandfather or grandmother
gives to grandchildren and great-grandchildren who are
5
4, 1,
1.
8.19.1
under the power of their father, so also if a husband should

give or leave anything in a testament to a wife who is
under power, or a wife to a husband who is under power,
such property shall not belong to the control 6 of the father,
but the children shall have the right to vindicate the whole
of it to themselves.
6 dominium.
E 223 1
+(,121/,1(

Wed Aug 5 11:45:14 2015
BOOK IX
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U...S...........................
TITLE 1: ACCUSATIONS AND INSCRIPTIONS'

(DE ACCUSATIONIBUS ET INSCRIPTIONIBUS)
I.2 Emperor Constantine Augustus to Octavianus, Count of

Spain.
If any person of Most Noble rank' should rape a maiden
or invade the boundaries' of another or be apprehended in
any wrongdoing or crime, he shall immediately be subjected
to the public laws, within the province wherein he perpetrated the offense. Neither shall his name be referred to
Our knowledge nor shall he make use of any prescription
of forum;5 for an accusation excludes all prerogatives of
rank when a criminal case,6 not a civil or pecuniary suit,
is brought.
Given on the day before the nones of December at Sofia (Serdica)
-December 4, (316). Received on the fifth day before the nones of
March at Cordoba in the year of the consulship of Gallicanus and
Bassus.-March 3, 317.
INTERPRETATION: If any person should commit a crime
damnable and punishable by law, he shall not assert that he
ought to be prosecuted in his own forum, that is, in the
place where he lives, but he shall be punished by the judges7
of the district in which the crime was committed; and there
shall be no reference to the Emperor concerning such person.
2.8 The same Augustus to Januarinus.
If any person should be unwilling to appear in court

within a period of a year from the day on which he was
prosecuted as a defendant in court, his property shall be
vindicated to the fisc, and if afterwards he should be found
and convicted as guilty, he shall be subjected to a more
severe sentence.9 But even if he should be able to establish
his innocence by manifest evidence and clear proof, nonetheless his property shall remain in the possession of the
fisc.
Given on the ides of January.-January13. Received on the fifth
day before the kalends of August at Corinth in the year of the fifth
Caesar.-July 28, 319.
Posted on the fifth day before the ides of February in the year of
the consulship of Probianus and Julianus.-February9, 322.
INTERPRETATION: Women shall not be permitted, except
in their own causes or in those of their families, to accuse

any person, since they are prevented by law from undertaking the causes of others. Advocates also must be warned
that they shall not, contrary to law, accept as clients women
who wish to litigate in the causes of others.
The same Augustus to all Provincials.
If there is any person of any position, rank, or dignity
whatever who believes that he is able to prove anything
truthfully and clearly against any judge,13 count, or any of
My retainers14 or palatines, in that any of these persons has
committed some act which appears to have been done without integrity and justice, let him approach Me and appeal to
Me unafraid and secure. I Myself will hear everything; I
Myself will conduct an investigation; and if the charge
should be proved, I Myself will avenge Myself. Let him
speak with saf ety, and let him speak with a clear conscience.
If he should prove the case, as I have said, I Myself will
avenge Myself on that person who has deceived Me up to
this time with feigned integrity. The person, moreover, who
has revealed and proved the offense I will enrich with honors as well as with material rewards. Thus may the Highest
Divinity always be propitious to Me and keep Me unharmed, as I hope, with the State most happy and flourishing."
4.12
Posted on the fifteenth day before the kalends of October at Nicomedia in the year of the consulship of Paulinus and Julianus.-September 17, 325.
3.10 The same Augustus to Agricolanus.
Since it is clear and manifest law that women do not

have the right to prosecute public criminal suits, except in
certain cases, that is, when prosecuting a case of outrage"
to themselves or to members of their families, the ancient
1
statutes must be observed. For it is not right that the power

to make an accusation should be entrusted generally to
women. On the other hand, in public criminal trials at times
their testimony or their authority as accusers has been
admitted. Advocates also must be warned that they must
not, in the interest of gain, rashly accept women as clients,
who depend on the security of their sex and perhaps rush
into unlawful action.
2
Brev. 9, 1, 1; Cf 3, 24, 1.
to the Senatorial rank.
equivalent
3 Clarissima dignitas, usually
4 Forcible entry and seizure, 3, I, 9, n. 24.
5 Ordinarily Senators had the court of the prefect of the City of
Rome and Constantinople respectively as their forum, I, 6, II, n. 44;
2, 1, 4. By this constitution Senators were deprived of this forum
if they committed crimes in the provinces. It thus became easier to
prosecute them for their misdeeds in the provinces.
6 reatus, accusation, guilt, criminality.
7The judges ordinary, the governors of the provinces.
8 CJ 9, 40, 2. The official position of Januarinus is unknown.
9 For his contumacy in refusing to appear voluntarily.
10 Brev. 9, 1, 2. The official position of Agricolanus is unknown.
11 injuria.
Brev. 9, 1; CJ 9, 2.
C 224
At one time it was permitted that an accusation of crime

instituted not by an inscription17 but by a declaration of the
crime escaping from the lips in speech only would compel
the accuser as well as the accused, under peril of trial, to
contend for his rights as a citizen, his children, his fortunes, and, finally, for his life. It is Our will, therefore, 18
Gibbon, Decline and Fall, 2, 330.
13 A general name for a high official, usually of the rank of gov12
ernor, the judge ordinary of a province, or an official of higher

rank, including even the praetorian prefects, since most of the
higher officials had both administrative and judicial functions.
14 amici, retainers, close personal friends.
15 This is an unusual constitution and may indicate that the Emperor had become suspicious of a plot against him. Gibbon thinks
that Constantine was emotionally insane at the time.
16 Brev. 9, I, 3.
17 subscriptio, instead of the more common inscriptio, but apparently equivalent to it. It was a formal written accusation.
18 Or: It is Our will, rather, M.
Accusations and Inscriptions

that the license and rashness of such declarations shall be
abolished and a charge of crime shall be brought according
to the customary form and order of inscription;" that
everyone shall use the ancient law in bringing criminal
charges, that is, that when anger has been soothed and
tranquillity of mind restored by these lapses of time, they
shall come to the final action with reason and counsel.
Given on the eleventh day before the kalends of June at SirmiumMay 22. Received at Rome in the year of the seventh consulship of
Constantine Augustus and the consulship of Constantius Caesar.326;
the ancient law,26 either satisfaction is promised the person

who begins a case, if he has brought true charges, or punishment, if he has falsified. 7
Reims in the year of the consulship of Emperor Designate Gratian
and of Dagalaifus.-November25, 366; 381.
A declaration written by the hand of

the accuser must precede a civil trial as well as a criminal
accusation.
INTERPRETATION:
The same Augustuses and Gratian Augustus to

Count Florianus.
(After other matters.) The right of accusation shall not
go beyond the boundaries of a province; for the trial of
a crime must be conducted at the place where the crime is
said to have been committed. Moreover, by the present
statutes, We restrain such foreign trials.29
10.28
320.19
INTERPRETATION: If anyone in anger should rashly ac-
cuse any person of some crime, the angry reviling must not
be held as an accusation; but after space for reflection has
been allowed, the accuser shall state in writing that he will
prove what he said in anger. But if, perchance, he should
come to his senses after his anger and perhaps should not
be willing to repeat or to write what he said, the person
denounced shall not be held as accused of crime.
6. The same Augustus 20 to Secundus, Praetorian Prefect.
We order that the criminal, as well as the civil records,
shall be issued to those persons, of course, whose safety
is called into jeopardy, and that a petition for these records
shall not be awaited nor shall their issuance be postponed
by the artifice of the accuser, in order that the integrity
and equity of the judge may be established.
Given on the kalends of December in the year of the consulship of
Januarinusand Justus.-December I, 328; 362-363.
7. Emperor Constantius Augustus to Domitius Leontius,

Praetorian Prefect.
If any persons should be confined in prison because
criminal charges have been brought against them, they
shall be heard, and the investigation shall be completed
within the space of one month, lest, if the apathy of a
dilatory judge should defer the trial of a criminal charge
which has been brought, he may incur similar punishment. 2 1
Given on the fifteenth day before the kalends of November in the
year of the consulship of Ursus and Polemius.-October 18, 338.
8. Emperors Valentinian and Valens Augustuses to Maximinus, Governor 22 of Tuscany.

It must not be permitted that any person be terrified by
the tumult of a criminal trial, unless by entry of his name
in an inscription he shall sustain both the injury of being
brought to court and the status of an accused person.
Reims.-November z7. Received at Florence in the year of the consulship of Gratian, Emperor Designate and Caesar,23 and of Dagalaifus.-366
The same Augustuses to Valerianus, 2" Prefect of the

City.
Your Sincerity shall not order any person to be brought
to trial in your court until the person who is attempting to
show the reliability of his complaint has satisfied the customary formalities, since, according to the general rule of
9.24
19 Probably 320, on account of the date of the prefect, M.

20 A constitution of Julian, i, 16, 5, n. 20.
reciproci poenae incursus. This seems to mean that the judge

shall incur the same kind of punishment as that to which the accused person is liable.
22 Corrector, the judge ordinary of the province.
23 An unusual expression, Min. Sen. n. 3.
24 Brev. 9, I, 4; CJ 9, 46, 7; MGH, LL 5, 536, nn.
4-5.
25 Perhaps Viventius who was Prefect of the City of Rome.
21
9-1-12
Given on the ides of November at Marcianopolisin the year of the

Valens Augustus.3o-November 13, 373; November 9, 368.
INTERPRETATION: The trial of a crime must be conducted
at that place where the crime was committed; for the person accused of the crime is forbidden to be heard elsewhere.
I I." The same Augustuses to Count Florianus.

(After other matters.) According to the prescription of
law, no person may prosecute a criminal action which he
has proposed to institute unless he undergoes the bond of
an inscription. For a person who has called into court the
reputation, the fortunes, and finally the status and the life
of another must know that a suitable penalty threatens him
if he should not prove what he charged. (Etc.)
Given on the fifth day before the ides of November at Constantinople32 in the year of the consulship of Valentinian Augustus and
the fourth consulship of Valens Augustus.-November 9, 373; 368.
INTERPRETATION: No person shall be accused or produced in court unless an inscription has been executed, because, just as a penalty constrains the convicted person, so
also it constrains the accuser if he should not prove what
he charged.
The same Augustuses to Laodicus, Governor 4 of

Sardinia.
The right to accuse of crime must be denied accused
persons until they have cleared themselves of the crimes
with which they are charged. For the founders of the ancient sanctions decreed that all persons should be deprived
of the right to speak invidious words against their accusers.
Thus the fury of persons in jeopardy shall have no authority in the courts, for if such fury should spread too widely,
not even the trial judge himself will be safe, nor will he
conduct his criminal investigations in safety, if in executing
12."
269,
1, 5.
fallere, falsify, fail in the suit, 9, 9, I, n. 8. Cf. 9, I, 14 and 19.

28 9, i, 16; Brev. 9, 1, 5; Edict Theod. 103. Florianus
was Count
of the Privy Purse.
29 peregrinajudicia, trials in an incompetent jurisdiction; or trials
in which the defendant is not present, G.; or trials in a place where
27
the crime was not committed.
s0 The second consulship of Valentinian and Valens is required,

if the law was issued at Marcianopolis, M.
1 Brev. 9, I, 6; Edict Theod. 13; MGH, LL, 5, 536, n. 5. Florianus was Count of the Privy Purse.
"2The reading of the manuscripts. Marcianopolis seems to be required.
1 Brev. 9, 1, 7; CJ 9, I, 19.
34Praeses, the judge ordinary of the province.
225
Accusations and Inscriptions
9-1-12
the severe requirements of the law, he cannot avoid the

hatred of those whom he punishes.
Given on the day before the ides of August at Carnuntum in the
year of the third consulship of Gratian Augustus and the consulship
of the Most Noble Equitius.-August 12, 374; 375.35
INTERPRETATION: The assertions against others made by

persons who are accused of crime shall not be credited unless the accused persons should first prove themselves innocent, because the declaration against anyone by such
defendants is dangerous and must not be admitted.
13.36 Emperors Valens, Gratian, and Valentinian Augustuses to the Senate.
(After other matters.) A provincial judge7 or a judge
within Italy37 shall have the power to institute an examination and to take cognizance of the case, whenever a criminal charge" against a Senator comes before him for trial,
but such a judge shall decree nothing as to the punishment.
The status of the person," but not the status of the case,
shall remain unchanged,4 0 and the judge shall refer the

matter to Our Wisdom. or to the glorious authorities.
Therefore, governors with the rank of praeses and corrector," likewise those with the rank of consular, of vicar,
a charge of suspected homicide,12 he shall not prosecute

such a capital case by means of a formal accusation until
he has obligated himself by the bonds of the law and undertakes to conduct the controversy subject to the risk of the
same punishment as the accused. Even if any person should
suppose that slaves ought to be accused, torture shall not
be inflicted upon the unfortunate slaves until the accuser
has bound himself by the bond of inscription. For a case
of criminal prosecution of slaves results in property loss
and punishment for the masters."
Given on the sixth day before the kalends of June at Padua in the
INTERPRETATION: When any person prosecutes another

with the dangerous and capital accusation of the crime of
homicide,54 he shall not be heard by the judges until he declares in writing that he will undergo the same punishment
with which he threatens the accused; and if he should suppose that slaves belonging to others ought to be accused,
he shall bind himself by a similar inscription to compensate
for the punishment of innocent slaves, either by capital
punishment of himself or by the forfeiture of his property.
held the honor of office as administrators.49 (Etc.)
15 .5 The same Augustuses to Cynegius, Praetorian Prefect.

Each and all shall know that We grant that the power of
Your Illustrious and Magnificent Excellency shall not be
approached through the assistance of decrees that have been
solicited," but by suits that are instituted by persons in
their own names, since no one may be accused by one person through another. Of course, you must punish with the
justice and equity for which you are noted any judge7 who
has flogged an innocent man, and also his office staff, if
perchance they5 7 have kept silent the fact that such flogging
of innocent decurions was not permitted.
Read in the Senate on the third day before the ides of February
in the year of the fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-February i (January 1), 376.
Given on the day before the kalends of May at Constantinople in

the year of the first consulship of Arcadius Augustus and the consulship of Bauto.-April 30, 385.
and also of proconsul, 42 shall refer cases of Senatorial

status, as We have said, after an examination of the case
has been held. Moreover, from the suburban provinces43

the judges7 shall refer such cases to the office of the praetorian prefect. But when the prefect of the City takes
cognizance of a case with respect to the status" of a Senator, a quinqueviral court of especially esteemed men4 5
shall be associated with him in the trial, and it shall be
allowable to adjoin such men, 46 drawn by lot and not chosen
by selection4 7 from persons who are present48 and who have
gustuses to Marinianus, Vicar of Spain.

When a person brings an action f or homicide," or makes
3 The year after . . . , since Valentinian did not depart from
Gaul into Pannonia until 375, M. The date is uncertain.
36 I, 6, 1I, n. 44; 2, I, 12.
3 provincialis judex vel intra Italiam, a provincial judge, even
within Italy?
38 dictio, statement, pleading?
39 status capitis, the matter of capital punishment?
40 This would seem to indicate a preliminary trial before the provincial judge who then refers the case, with his findings, to the
higher courts that are here designated.
41 The two lowest ranks of governors or judges ordinary.
42 The next higher ranking governors or judges ordinary.
43 The provinces of southern and central Italy as far north as the
Rivers Magra (Macra) and the Rubicon; their governors were
subject to the jurisdiction of the prefect of the City.
4 caput, status, head, life, capital punishment, n. 66.
45 That is, men of high rank and approved standing. They must
have the rank of Senator.
46 To the trial judge of the higher court.
4 sponte, of their own will?
48 praesentes, present in the City, present at the imperial court,
at present in office.
4 administratores,judges ordinary, governors of provinces.
50 Brev. 9, I, 8; CJ 9, 2, Q3; Burg. Rom. 7, 1-2; Formula Turon.
29; MGH, LL, 5, 152; 5, 537.
ex internecivum, the
crime of forging a will and then killing the
pretended testator, G, Brisson.
226
INTERPRETATION: In criminal cases or accusations no

person shall accuse another through a mandate,5 8 even
though he should be able to impetrate this right through a
rescript of the Emperor. But he who brings the criminal
charge shall be present and shall himself make his accusation, after the previous issuance of an inscription. Judges,7
moreover, shall be punished, and their office staffs"7 condemned if they have been silent when they believed that an
innocent person was about to be subjected to torture without the previous issuance of an inscription.
16.5 ' The same Augustuses.60

An accuser shall not have the right to go outside the
boundaries of the province, because the trial of a crime
must be held at the place where the crime is said to have
been committed.
crimen suspectae mortis.
The punishment of the masters is their property loss, since their
slaves might be forfeited, seriously damaged, or killed by torture.
6 homicidium.
52
53
Brev. 9, I, 9; CJ 9, 2, 14; Edict Theod. 14.

56 From a municipal senate.
65
s7 It was the function of the office staff to indicate the law and
recommend its observance by their superiors, the politicians who
held the high official positions, I, 6, 9, n. 33.
58 As the representative of another.
5 9, I, 10.
60 To Tatianus
is interpolated in the manuscript.
Production and Transfer of Accused Persons

Given on the third day before the kalends of April in the year of
the consulship of Emperor Designate Honorius and of Evodius.March 30, 386.
17.'" The same Augustuses to Tatianus, Praetorian Prefect.
(After other matters.) More powerful men 62 must appear personally in court when a criminal case, by means of
an inscription, demands their presence.
Given on the fifteenth day before the kalends of March at Milan
in the year of the fourth6s consulship of Valentinian Augustus and
the consulship of Neoterius.-February 15, 390.
18." Emperors Arcadius and Honorius Augustuses.

In order that persons accused of various crimes and
detained in prison throughout the provinces may not suffer
too cruelly by postponement of their cases either through
the inactivity of judges7 or through a certain desire of the
judges to appear lenient, all judges7 shall be warned to'
bring the accused persons from custody, to subject them to
due trial, and to pass sentence according to what the laws
have decreed.
Given on the third day before the nones of August at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-August 3, 396.
INTERPRETATION: Accused persons shall not be held for
a long time in prison or in custody, but they shall be speedily absolved if they are innocent, or they shall be sentenced
to punishment if they should be convicted of crime.

the Consuls, Praetors, Tribunes of the People, and their
own Senate, Greetings.
We order that the procedure formerly instituted by law
for making accusations shall be maintained; that a person
who is summoned to undergo the risk of a capital penalty 66
shall not be considered immediately a defendant who could
be accused formally, lest We make innocence subject to
harm. But whoever it may be that brings a criminal charge,
he shall come into court, indicate the name of the accused,
undertake the bond of inscription, and submit to a custody

similar to that of the accused, with due consideration, however, of his rank; and he shall know that the wantonness of
a false accusation6 7 will not go unpunished, since by sim-
ilarity of penalty vengeance is exacted of false accusers."

I. No person, however, who has confessed his own guilt
under torture" shall flatter himself that, by accusing another of any crime whatever,70 he may hope for pardon on
account of the wrongs of his accomplice, or that he may
expect to be associated with a personage of higher rank by
reason of mutual participation in the crime, or that by the
punishment of a personal enemy he may share with him the
lot of his last moments, or that he may trust that he can be
saved by the efforts or privilege of a person named by him,
since the authority of the ancient law does not permit those
persons who have confessed their own guilt even to be
61
62
CJ 9,
2, 15.
potentiores, men of higher rank, men of power, wealth, and in-
fluence, 3,
I,
9, n. 24.
The fifth consulship, according to the manuscript V.

64 Brev. 9, 1, io; Consultatio 8, 5.
63
65 I,
6,
II; 2, I, 12;
Brev. 9, I,
II; CJ 9, 2, 17;
Rom. 7, 4; Edict Theod. 13.

66 Either physical death or loss of status, caput.
67 licentia mentiendi, the license to lie.
calumniantes, false accusers, calumniators.

69 quaestio, torture, trial.
70 By incriminating another.
68
9, 46, io; Burg.
9*2-2
questioned about the guilty knowledge' of others. Therefore, when a person confesses his own crime, no one shall
interrogate him about another's guilty knowledge. No one
shall believe a person who is trying to escape punishment
72
when he willingly contrives the punishment of another.7 3
We absolutely refuse credence to letters of instruction
that have been secretly entrusted. (Etc.)

the year of the consulship of Asclepiodotus and Marinianus.-August
6, 423.
INTERPRETATION: Before the execution of an inscription, no person is considered criminal; for when an inscription has been made in due order, the accused shall be
received by the judge7 and delivered into custody along
with his accuser, in such a manner, however, that the rank
of the accused as well as that of the accuser shall be considered; and the judge7 shall cause each one to be guarded
before the trial according as his hereditary status and rank
permit. If those persons, however, who have confessed their
own guilt under torture" wish to speak about others, the
judge shall not believe them, because it has been established
by the law and statutes that an accused person cannot bring
charges against another merely by a spontaneous declaration, and when a person has confessed that he is a criminal,
his testimony shall not be credited with regard to another.
TITLE 2: THE PRODUCTION AND TRANSFER OF ACCUSED PERSONS' (DE EXHIBENDIS VEL TRANSMITTENDIS REIS)
Emperor Julian Augustus to Sallustius, Praetorian
Prefect.
The rights of Senators and the authority of that order
in which We number Ourselves8 also must be defended
from all outrages. If any Senator, therefore, should be
charged as an accomplice in a crime, until the judicial investigation of the case he shall be free from all fear of
calumny and from all annoyance of suspicion. Before he
acknowledges the crime when the case has been proved,
and before he lays aside his righ rank,' he shall be absolutely undisturbed and unrestrained.5
1.2
Given on the nones of February at Constantinople in the year of

the consulship of Mamertinus and Nevitta.-February 5, 362.
Emperors Valentinian and Valens Augustuses to Valentinus, Governor 7 of Picenum.

When any persons is accused of a crime or is involved in
a criminal suit, the judge9 shall arrest him and place him in
custody, and thus he shall refer either the merit of the
case or the status of the persono to Us. If We should be
too far away, the case shall be referred to the Illustrious
praetorian prefects, or to the masters of soldiers, if the
2.6
71 conscientia, guilty knowledge, participation in crime.

72 By fictitious charges.
73 coinmonitoria.
1 CJ 9, 3; rei, accused persons, defendants, criminals.

2 CJ 12, I, 8.
3 The Emperor
was a member of the Senate.

It was necessary to strip high officials of their rank before they
could be tried and punished.
5He shall neither be summoned to court nor placed in custody.
4
CJ 9, 3,
8
9
7 Consularis.
I.
Anyone who claims the privilege of a special forum.

judex, the judge ordinary, the governor of the province.
10 personae qualitas.
[ 227
Production and Transfer of Accused Persons
9*2-2
accused should be a military personage, in order that

crimes may not escape punishment under the claim of true
or pretended high rank. For We shall give the general rule
which each judge' shall follow in the case of a person who
is found accused. Meanwhile, if a person should come
under suspicion of a criminal act, whatever the position of
honor he may be said to hold, he shall be placed under arrest and shall not withdraw from office."
Given on the eleventh day before the kalends of Februaryat Milan
-January 22, 365.

No person at all shall be bound in prison before he is
convicted. If any person must be summoned from afar, approval of the request for such a summons shall not be
granted the accuser until he binds himself according to the
customary law and, with trembling stylus,13 guarantees that
he will undergo like punishment. To the person who must
be brought from a distance, a period of thirty days shall be
granted in the presence of the judge9 of the district or even
of the magistrates,1 4 for arranging his affairs and putting
in order his unhappy household, and no opportunity for
trafficking15 shall be left to the person who has been sent
to produce him in court. After he has come before the
judge, 9 by employing an advocate he must investigate the
law that has been invoked against him,' 6 and he must be
detained under the same conditions as the accuser until an
investigation has been held and the proper decision is discovered."
3.12
Given on the third day before the kalends of January at Constantinople in the year of the fifth consulship of Gratian Augustus and
the consulship of Theodosius Augustus.-December 30, 38o.
gustuses to Drepanius, Proconsul of Africa.

We command that no person shall be produced in court
unless the judge' has pronounced a decision with regard to
his production.
Given on the day before the nones of February at Milan in the
year of the fourth consulship of Valentinian Augustus and the consulship of Neoterius.-February4, 390.
Caecilianus, Praetorian Prefect.

Defenders, curators, magistrates, and senates of the
municipalities shall not send to prison accused persons presented to them. But when any person has been apprehended
in the act of robbery, in violent encounters, or in the perpetration of homicide, debauchery, rape, or adultery, and
has been delivered to them by municipal legal action, 20 after
the crime has been declared by the statements of the accusers, such criminals shall immediately be dispatched, together with the accusers, under suitable escort, to a court.2 1
(Etc.)
11 Or: he shall not depart from the custody of the office staff, G,
9, 37, 4.
12 CJ 9, 3, 2.
13 The usual writing instrument.
15 By the enforcement officers, who might be bribed, I, 6, 12, n. 47.
16 Jus debebit explorare quaesitun, he must search out and investigate the law(?). The text and translation are uncertain.
17 As to whether the accuser or the accused is guilty.
19 CJ , 55, 7.
18 CJ 9, 3, 3.
20 adCa, I, 12, I, n. 2; 2, 4, 2, n. 13.
21 judiciun, court, trial. Of the governor, the judge ordinary.
228
Given on the twelfth day before the kalends of February at Ravenna in the year of the eighth consulship of Honorius Augustus and
the third consulship of Theodosius Augustus.-January 21, 409.

If by order of the judge9 the assistants2 2 of the municipal councils should be commanded to dispatch any person
of their own municipality who has been made the defendant of a criminal charge by the previous issuance of the
bond of an inscription, the accused shall be interrogated
in a municipal action 20 and shall be asked whether he
wishes, according to the regulations23 of Our triumphal
father, to remain in the municipality under a moderate and
vigilant custody during the thirty days that are granted to
him for ordering his own household and preparing his
expense money. If he should wish this to be done, this
kind of benefit shall not be denied to a person who so desires; but if he wishes to be dispatched, the accused shall
immediately be sent along with his accuser, and he shall
not be allowed to be detained in the municipality at the
discretion of his adversary. (Etc.)
Given on the twelfth day before the kalends of February at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-January21, 409.
TITLE 3: THE CUSTODY OF ACCUSED PERSONS' (DE CUSTODIA REORUM)

1.2 Emperor Constantine Augustus to Florentius, Fiscal
Representative.
In any case, when an accused person has been produced
in court, whether a private accuser exists or the accused
has been delivered through the efforts of public officials,
trials must be held at once in order that he may be punished if he is guilty or absolved if he is innocent. But if
the accuser should be absent for a time or the presence of
accomplices in the crime should appear necessary, these
matters must be arranged as soon as possible. Meanwhile,
the man who has been produced in court shall not be put
in manacles made of iron that cleave to the bones, but in
looser chains, so that there may be no torture and yet the
custody may remain secure. When incarcerated he must
not suffer the darkness of an inner prison, but he must be
kept in good health by the enjoyment of light, and when
night doubles the necessity for his guard, he shall be taken
back into the vestibules of the prisons and into healthful
places. When day returns, at early sunrise, he shall forthwith be led out into the common light of day that he may
not perish from the torments of prison, a fate which is
considered pitiable for the innocent but not severe enough
for the guilty.
i. This regulation also must be observed, that neither
those who perform the duties of prison guards nor their
assistants shall be permitted to sell their cruelty to the accusers4 or to deliver to death innocent persons within the
confines of prison, or to allow those who have been wrongfully deprived of a hearing to be consumed by long, wasting disease. For not only fear for his reputation but also
22
adminiculum, the apparitors.
1 Brev.
g, 2;
3 quaestio.
CJ 9, 4.
239, 2,
CJ
9, 4,
3.
I. Cf. 9, 2,
n. I.
4 Accept bribes from accusers and then mistreat the prisoners.
Custody of Acc ised Persons

fear of peril5 shall threaten the judge 6 if, by starvation beyond the due time or in any other way, any prison guard
should enfeeble any prisoner, and if the judge6 should not
immediately subject to capital punishment the person and
his assistants upon whom is incumbent the duty of custody.
Given on the day before the kalends of July at Sofia (Serdica) in
the year of the sixth consulship of Constantine Augustus and the
consulship of Constantius7 Caesar.-June30 (December 31), 320.

If any person should be apprehended in that kind of
wrongdoing or crime9 that appears to deserve prison barriers and squalid custody, and if after a hearing before the
public records1 0 the commission of the crime should be
established, he shall sustain the penalty of imprisonment,
and thus somewhat later he shall be led forth and heard
before the public records." For thus a reminder 12 of the
crime committed shall be made under public attestation, so
to speak, so that when judges rage excessively, it may appear that certain restraints and moderation have been employed.13
Given on the third day before the nones of February at Heraclea
the consulship of Constantius Caesar.-February3, 326.
3.1" Emperor Constantius Augustus to Acindynus, Prae-
torian Prefect.
Whereas, one room', of a prison encloses criminals of
all kinds, mingled together, We sanction by this law that,
even though the nature of their punishment must be conjoined with their intermixture, 8 still separate and secure
prisons shall be ordered to contain the different sexes.
Given on the nones of April in the year of the consulship of Acindynus and Proculus.-April 5, 340.
INTERPRETATION: Men and women, even though they
should be joined by the equality of their crimes, still shall

not be confined in the custody of the same prison.
4. Emperors Valentinian and Valens Augustuses to Valerianus, Vicar of Spain.
(After other matters.) No person shall be delivered to
the custody of prison before the formalities of entering an
inscription in the public records"7 have been completed by
the person who burst into accusation against him.
Prefixed to a letter of the Most Noble Vicarxs on the sixth day
before the ides of September at Verona in the year of the consulship
of Valentinian and Valens Augustuses.-September 8, 365.
The custody and safekeeping of persons received in
5 Of his life.
7 Should be Constantine, that is, Constantine II.

8 CJ 9, 4, 2. Evagrius was probably Praetorian Prefect.
9 culpa vel crimen.
10 apud acta. A public record is made of the hearing, 9,
n.
2,
5,
20.
11 Apparently for a second time.
commemoratio, reminder, restatement.

1s The public records are a restraining influence against judicial
oppression. The meaning of the constitution is obscure.
14 Brev. 9, 2, I; CJ 9, 4, 3.
15 conclave, a locked enclosure.
16 poenae qualitas permixtione jungenda est. An unusual Latin
phrase. It seems to mean that criminals who are to receive similar
punishment must be grouped together.
17 coder publicus.
1s That is, Valerianus, Vicar of Spain, to whom the constitution
was addressed, I, 16, xo, n. 50.
19 Brev. 9, 2, 2; CJ 9, 4, 4.
12
9*3-7
prison shall pertain to the prison registrar, and he shall not

suppose that he may subject an abject and lowly man"o to
trial in court if an accused person of any status whatever
has escaped. For it is Our will that the prison registrar
himself shall be consumed by that penalty to which the accused person who escaped is proved to have been subject.
But if the prison registrar should by some necessity be absent from his office, We order his chief assistant to keep
watch with equal vigilance, and We decree that he shall be
constrained by the same severity of the statute.
Given on the third day before the kalends of July at Conz in the
year of the second consulship of Gratian Augustus and the consulship of Probus.-June29 (July 13), 371.
INTERPRETATION: If an accused person should escape
from prison, he shall be required of the person to whom he
was delivered. If the negligent prison guard is not able to
produce the escaped prisoner, he shall know that he will
undergo either the fine or the punishment which the escaped
prisoner would have undergone.
We sanction by this unmistakable decree with reference
to those persons that are confined in prison that either they
shall be visited with swift punishment if they are convicted or they shall not be tortured by long imprisonment
if they ought to be freed. By a stern command, moreover,
We sanction that all injury shall be kept from innocent
prisoners, and We cut off from the feral ministers 22 all
their harvest of spoliation 23 due to the negligence of the
judges" of the provinces. For if the prison registrar should
not always report within thirty days the number of prisoners, the variety of offenses, the order of imprisonment, and
the ages of the persons imprisoned, We order the office
staff24 to pay twenty pounds of gold to Our treasury. The
judge" who is lazy and, with stiff-necked pride, bears
only his title, We order to be exiled and to be fined ten
pounds of gold, though his fortune2 5 may be granted to him
upon his petition.
Given on the third day before the kalends of January at Constantinople in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-December 30, 380.

(After other matters.) On every Lord's day, judges6
shall inspect and question the accused persons who have
been led forth from the confinement of prison, lest human
needs be denied these prisoners by corrupt prison guards. 3
They shall cause food to be supplied to those prisoners who
do not have it, since two or three libellae a day, or whatever the prison registrars2 7 estimate, are decreed, by the
expenditure of which they shall provide sustenance28 for
the poor. Prisoners must be conducted to the bath under
trustworthy guard. Fines have been established, fixed at
20 In this case a prison guard, the subordinate of
the prison registrar.
21 CJ 9, 4,
5.
22 ferales ministri, either the prison registrars
or their subordinates.
28 By extortion and the acceptance of bribes, I, 6,
12, n. 47.
249,
1, n. 57.
Often confiscated in such cases.

26 Brev. 9, 2, 3; CJ
I, 4, 9.
27 Reading commentarienses with M. The
text is uncertain and
probably corrupt.
28 Glimoniae, alms.
25
[ 229
Custody of Accused Persons
9.3.7
twenty pounds of gold for the judges6 and the same weight
of gold for their office staffs, and for the high ranking
members of the office staffs2 9 fines of three pounds of gold
have been set, if they should scorn these very salutary
statutes. For there shall not be lacking the laudable care of
the bishops of the Christian religion which shall suggest
this admonition for observance by the judge.6
Given on the eighth day before the kalends of February at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-January 25, 409.
INTERPRETATION: On every Lord's day judges6 shall
provide that accused persons shall be led out from prison

under trustworthy guard, that sustenance may be supplied
them by Christians, that is, by the priests, and that they
may be conducted to the bath on the aforesaid days under
guard, in consideration of religion. If any judge' should
neglect to fulfill this regulation, he shall be compelled to
pay the penalty which the law itself has established.
TITLE 4: IF ANY PERSON SHOULD UTTER
MALEDICTIONS AGAINST THE EMPEROR'
(SI QUIS IMPERATORI MALEDIXERIT)
I.2 Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
If any person, insensible to decency and ignorant of
propriety, should suppose that Our name3 should be assailed with wicked and impudent maledictions, and if, riotous with drunkenness, he should disparage Our times,' it
is Our will that he should not be subjected to punishment
or sustain any harsh or severe treatment, since, if such conduct should proceed from levity, it must be treated with
contempt; if from insanity, it is most worthy of pity; if
from a desire to injure, it should be pardoned. Wherefore,
the case shall be referred to Our knowledge with all its
details unchanged, so that We may consider the words on
the basis of the character of the man and that We may decide whether the offense should be overlooked or duly
prosecuted. 5
Given on the fifth day before the ides of August at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of the Most Noble Abundantius.-August 9, 393.
TITLE 5: ON THE JULIAN LAW ON HIGH

TREASON' (AD LEGEM JULIAM MAJESTATIS)
Emperor Constantine Augustus to Maximus, Prefect
of the City.
If any person should bring the charge of high treason
against another, since a person convicted in a case of this
kind is not protected by the privilege of any high rank
from a very severe inquisition, the accuser shall know that
1.2
29 ordines, the municipal senates?

3
Or: Our Divinity, M.
2 CJ 9,7, I.
1 CJ 9,7.
4 To say that the times were hard showed great disrespect for the
omniscience of the Emperor and constituted a crime akin to sacrilege.
5 The first part of this constitution seems very liberal, but the
latter part indicates that the Emperor was so suspicious of all who
spoke against him that he insisted on making a personal investigation of each case.
1 CJ 9, 8.
CJ 9, 8, 3; Bruns, Fontes 94, p. 265-7.

[
230
he also must be subjected to torture if he should not be

able to prove his accusation by other clear evidence.' Along
with the person who is discovered to be guilty of such rash
criminality, that person also must be subjected to torture
by whose advice and instigation he appears to have undertaken the accusation, in order that the established penalty
may be exacted of all persons who are accomplices of 4 the
deed.
I. In the case of slaves also, or of freedmen who attempt
to accuse their masters or patrons, respectively, or to report them to the authorities, the assertion of such atrocious
audacity shall be repressed immediately at the inception of
the guilty act5 itself, through the sentence of the judge, a
hearing shall be denied such slave or freedman, and he
shall be affixed to the cross.6
Posted on the kalends of January in the year of the consulship of
Volusianus and Annianus.-January 1, 314; 320-323.7
TITLE 6: A SLAVE SHALL NOT ACCUSE HIS

MASTER, OR A FREEDMAN OR DOMESTIC
HIS PATRON, EXCEPT OF THE CRIME OF
HIGH TREASON' (NE PRAETER CRIMEN
MAJESTATIS SERVUS DOMINUM VEL PATRONUM LIBERTUS VEL FAMILIARIS ACCUSET)
i. Emperors Valens, Gratian, and Valentinian Augustuses
to Maximus,2 Praetorian Prefect.
Freedmen shall cease to attack the authors of their freedom by tumultuous charges of capital crimes and by the
allegations of nefarious denunciations, and so the penalty
of the sword or of fire shall restrain such impious attempts.
Posted on the ides of March in the year of the fifth consulship of
Valens Augustus and the consulship of Valentinian Augustus.March 15, 376.
2.3 The same Augustuses to Maximus,2 Praetorian Prefect.

When slaves, as accusers, thunder forth against their
masters, no one shall await the outcome of a trial. It is Our
pleasure that no inquiry shall be made, no investigation
shall be held, but the authors of the nefarious accusations
shall be burned, together with the formal statements of the
accusations' and all the instruments of written documents
and of the premeditated criminal charge. We except
charges of the crime of attempted high treason, however,
betrayal of which is honorable even for slaves, for this
crime is directed against the Emperors.'
Given on the ides of March in the year of the fifth consulship of
Valens Augustus and the consulship of Valentinian Augustus.March IS, 376.
INTERPRETATION:
A slave who accuses his master not

only shall not be heard but shall even be punished, unless
perhaps he should prove that his master has been involved
in the crime of high treason.
3 In addition to his own assertions.
4 conscii, having guilty knowledge, accomplices.
6 The accusation.
6 patibulum, a gibbet, a cross.
7 The date is uncertain; according to Haenel it was 314, but
Valerius Maximus was Prefect of the City from September I, 319
to September 12, 323.
1 Brev. 9, 3; Burg. Rom. 2, 7.
2 Maximinus, 9, 19, 4.
4 delationum libelh.
3 Brev. 9, 3, 1.
5 Or: the right to accuse of this crime is extended to slaves even
against their masters. Or: this crime extends to the masters (of the
slaves). Or: relates to the masters (only).
9*73
On the Julian La v on Adultery

3.6 Emperors Arcadius and Honorius Augustuses to Eutychianus, Praetorian Prefect.
If any domestic7 or slave of any household whatever
should appear as informer and accuser of any crime, intending to attack the reputation, the status and the fortune
of the person to whose household or ownerships he is attached, before the production of witnesses, before the
judicial investigation, in the very exposition of the criminal charges and at the beginning of the accusation, he shall
be struck down by the avenging sword. For his murderous
voice must be destroyed rather than be heard. But We except the crime of high treason.
Given on the sixth day before the ides of November at Constantinople in the year of the consulship of Caesarius and Atticus.November 8, 397.
INTERPRETATION: If a slave should accuse his master or
if a retainer, a domestic,' or a freedman should accuse his
patron or should report him as guilty of any crime, immediately, at the very beginning of the accusation, the accuser shall be punished by the sword, because it is Our
will that such a voice shall be extinguished, not heard, unless, of course, he should prove that the master or patron
has been involved in the crime of high treason.
the Senate."
(After other matters.) By the interposition of punishment We preclude the illicit and wicked voices of freedmen against a patron, even to the point that not only shall
they not dare to betray him 1 2 voluntarily, but not even if
they are summoned into court shall they be compelled to
come. (Etc.)
the year of the consulship of Asclepiodotus and Marinianus.August 6, 423-13
INTERPRETATION: Freedmen as accusers of their patrons
shall be punished as soon as they burst into words of accusation.
TITLE 7: ON THE JULIAN LAW ON ADULTERY (AD LEGEM JULIAM DE ADULTERIIS)

1.2 Emperor Constantine Augustus to Africanus.
If any woman should commit adultery, it must be inquired whether she was the mistress of a tavern or a servant girl and thus in the performance of her servile duty
she herself frequently served the wines of intemperance.
If she should be mistress of the tavern, she shall not be
exempt from the bonds of the law. But if she should give
service to those who drink, in consideration of the mean
status of the woman who is brought to trial, the accusation
shall be excluded and the men who are accused shall go
free, since chastity is required only of those women who
are held by the bonds of law, but those who because of
their mean status in life are not deemed worthy of the con6 Brev. 9, 3, 2;
7 familiaris.
CJ 9,
I, 2o; Edict Theod. 48-49.
8 familiaritas vel dominium.

9 domesticus.
1o Brev. 9, 3, 3; CJ 4, 20, 12; Edict Theod. 48.
11 M. omits: to the Senate.
12 Reading prodere. Or: dare to come forward, reading prodire.
Is 1, 6, II, n. 44; 2, I, 12; 9, I, 19.
1 Brev. 9, 4; CJ 9, 9.
2 Brev. 9, 4, I; CJ 9, 9, 28. The official position of Africanus is
unknown.
sideration of the laws shall be immune from judicial

severity.3
Given on the third day before the nones of February at Heraclea
the consulship of Constantius Caesar.-February3, 326.
INTERPRETATION: If the mistress of a tavern, that is,
the wife of a tavern keeper, should be found in adultery,

she can be accused; but if her maid-servant or a woman
who gives service in the tavern should be apprehended in
adultery, she shall be acquitted in consideration of her
mean status. But even the wife of the tavern keeper, if she
should perform the duty of such menial service and should
be apprehended in adultery, cannot be accused by her
husband.
Although adultery is considered a public crime, the right
of accusation for which is granted to all persons in common, without any special interpretation of the law, still,
lest the right of accusation be rashly entrusted to persons
who wish to dishonor marriages, it is Our pleasure that the
right of accusation shall be granted only to the nearest and
closest of kin, that is, a father or cousins, 5 and especially
to consanguineous brothers who are driven by real indignation to accusation. But even upon these persons We impose the law that they shall have the right to suppress the
accusation by annulment of the suit.6 The husband above
all ought to be the avenger of the marriage bed, since to
him the former Emperors of olden time granted the right
to accuse his wife even on suspicion and not to be bound
by the bond of inscription within statutory time limits. We
decree, however, that extraneous persons shall be barred
from bringing this accusation. For although the obligations
of inscription shall bind every kind of accuser, still some
persons use the right of accusation wantonly and ruin marriages by false slander.
Posted at Nicomedia on the seventh day before the kalends of May
the consulship of Constantius Caesar.-April 25, 326.
INTERPRETATION: No extraneous person shall have the
right to accuse a woman of adultery, but only her near

kinsmen, to whom the disgrace pertains, that is, her brothergerman, a brother on her father's side,7 her paternal uncle,
and a first cousin. These accusers, however, can obtain remission8 through a satisfactory arrangement,' if, before a
duly filed inscription, the accused should so agree. All
other persons are prohibited from accusation. To husbands,
indeed, is granted the right to accuse even on suspicion.
3.10
the People.
When a man "marries" in the manner of a woman, a
8 Emperor Constantine's mother, St. Helena, was the daughter of
such a tavern keeper.
I Brev. 9, 4, 2; CJ 9, 9, 29. Evagrius was probably Praetorian
Prefect.
5 Haenel's text, according to the ins. To first cousins on the
father's side, M.
6abolitio, 9, 37.
7 frater patruelis, first cousin on the father's side, brother on the

father's side only, as contrasted with a uterine brother.
8 A pardon for bringing the accusation.
9 satisfactio, composition.
10 9, 7, 6; CJ 9, 9, 3o; Mart., Epigr. 9, 41. Sodomy was common
during the later Roman Republic and the entire period of the Empire.
231
On the Julian Law on Adultery
9*7'3
"woman" about to renounce men, what does he wish,

when sex has lost its significance; when the crime is one
which it is not profitable to know; when Venus is changed
into another form; when love is sought and not found?
We order the statutes to arise, the laws to be armed with
an avenging sword, that those infamous persons who are
now, or who hereafter may be, guilty may be subjected to
exquisite punishment.
Given on the day before the nones of December at Milan.-December 4. Posted at Rome on the seventeenth day before the kalends
of January in the year of the third consulship of Constantius Augustus and the second consulship of Constans Augustus.-December
16, 342.

In the investigation of adultery, torture must be employed, without immunity for anyone, on all the household
slaves, not only those of the husband but also those of the
wife, provided that they were at the house at the time when
the adultery is said to have been committed.
I. It is Our will that the same procedure shall be followed also if a woman, perchance, should be found to have
prepared a plot for the death of her husband or in any
other way whatever to have had the intention to kill him.
2. It is Our will that the same condition also shall be observed in the interrogation of slaves, if, by chance, the
husband should attack the wife in a similar manner.
Given on the third day before the ides of December at Constantinople in the year of the first consulship of Arcadius Augustus and
the consulship of the Most Noble Bauto.-December II, 385.
INTERPRETATION: Husbands shall be permitted to investigate the adultery of their wives by torture 2 of the
household slaves of each family, that is, his own and his
wife's; provided, however, that these very slaves are
proved to have been present or in the same house at the
time when the crime is said to have been committed. Similarly, too, if the husband should complain that death has
been prepared for him by his adulterous wife, it is permitted that household slaves of each family may be examined under torture. 2 Similarly, also, investigation may be
held by the torture13 of household slaves of each family if
the husband should prepare death for his wife in any way
whatsoever.
5.14 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.
No Jew shall receive a Christian woman in marriage,
nor shall a Christian contract a marriage with a Jewish
woman. For if any person should commit an act of this
kind, the crime of this misdeed shall be considered as the
equivalent of adultery, and freedom to bring accusation
shall be granted also to the voices of the public.
Given on the day before the ides of March at Thessalonica in the
year of the second consulship of Theodosius Augustus and the consulship of Cynegius.-March 14, 388.
INTERPRETATION: Neither shall a Jew marry a Christian
woman nor a Christian a Jewish wife. Any person who

does this may be accused by anyone whatever and shall be
punished as an adulterer.
11 Brev.
12
9, 4, 3; CJ 9, 9, 31; 9, 16, 8.
discussio.
14 3,
13
poena.
7, 2; Brev. 9, 4, 4; CJ I, 9, 6; Burg. Rom. 19, 4.
E 232
6.15 The same Augustuses to Orientius, Vicar of the City

of Rome.
All persons who have the shameful custom of condemning a man's body, acting the part of a woman's, to
the sufferance of an alien sex (for they appear not to be
different from women), shall expiate a crime of this kind
in avenging flames in the sight of the people.
Posted in the Forum of Trajan on the eighth day before the ides
of August in the year of the fourth consulship of Valentinian Augustus and the consulship of Neoterius.-August 6, 390.
[INTERPRETATION:]
This law does not require inter-
pretation.
Whenever an accusation of adultery has been instituted,
We order to be set aside the civil prescriptions' 7 by which
there is a pretended suit for the restoration of the dowry,
or for some reason payment of a debt is demanded, for
such prescriptions customarily obstruct and throw into
confusion the trial,"' and We order that no delay shall be
occasioned for the trial by such hindrances. But when the
accusation has been established, that is, when it appears by
what right and at what time the action has been introduced,
the crime shall be investigated, the nature of the deed shall
be made public,"9 since the disputes of greater magnitude
shall take precedence, and the civil action shall rightfully
be placed after the criminal action. Likewise, when the civil
action becomes available, it shall have due force provided
only that it does not obstruct the criminal trial.
Given on the seventh day before the ides of December at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-December 7, 392.
INTERPRETATION: When a husband as accuser charges
adultery, suit for recovery of a dowry or of a gift shall be
in abeyance, because a civil suit for recovery must not be
mingled with a criminal accusation.

If any person should be accused of adultery and should
defeat the charges by the allegation of close kinship, derogating from credence in the crime through a recital of
such kinship, since it is considered that the charge should
not be believed, because it is alleged that the crime could
not have been committed, and if afterward the accused
parties should unite in the association of marriage, they
will thus make public, with manifest credibility and clear
proofs, that crime of which they were accused. Therefore,
if any such persons should be found, We order that the
severest vengeance shall be taken upon them, and that they
shall be punished as if the crime had been clearly proved
and confessed.
Given on the day before the nones of December at Constantinople
consulship of the Most Noble Abundantius.-December 4, 393.
INTERPRETATION: If persons should be accused of adultery and should defend themselves by the excuse of close
kinship or of friendship, and if perchance at any time they
15 9, 7, 3; Brev. 9, 4, 5; Collatio 5, 3.
Brev. 9, 4, 6; CJ 9, 9, 32.
Prescriptions provided by the civil law, for civil actions as opposed to criminal actions. If they could be established, they barred
further action.
16
17
18 For adultery.
19 By a public trial in the courtroom.

20
Brev. 9, 4, 7; CJ 9, 9, 33.
Women United to T"heir Own Slaves

should betray their secret crime by public union, it is Our
pleasure that they shall be punished as manifest adulterers.
9. The same Augustuses to Gildo, Count and Master of
Both Branches of Military Service throughout Africa.
If any person accused of adultery by the husband should
attempt to avoid the forum of the accuser, he shall not be
able to escape in this way, and he shall not be defended by
any military prerogative, but he shall be heard immediately
at the place where he was accused.
Given on the third day before the kalends of January at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-December 30, 383.
TITLE 8: IF ANY PERSON SHOULD CORRUPT

A GIRL WHOSE TUTOR HE HAS BEEN' (SI
QUIS EAM CUJUS TUTOR FUERIT COR-
RUPERIT)
Emperor Constantine Augustus to Bassus, Vicar of
Italy.
When a girl reaches the years of adult age and begins
to aspire to marriage, her tutors shall be under the necessity of proving that the virginity of the girl whose marriage is sought has not been violated. That this regulation
may not be extended too widely, only this obligation shall
constrain the tutor, namely, that he shall prove himself
free from the wrong of the violation of her chastity. When
this fact has been established, he shall have the right to
enjoy the desired marriage, free from all fear.' Your
office 4 shall provide that, if the crime of violated chastity
should cling to him, he shall be punished by deportation,
and all his property shall be vindicated to the account of
the fisc, although he ought to suffer that penalty which the
laws impose on a ravisher.5
1.2
Given on the day before the nones of April at Aquileia in the year
of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-April 4, 326.
INTERPRETATION: As soon as a girl living under a tutor
arrives at a marriageable age and some suitor approaches,

the girl shall not be married until it is proved that her virginity has been preserved by her tutor. For if it is proved
that her virginity has been violated by the tutor himself,
he shall be sentenced immediately to exile, and the fisc
shall appropriate all his property.
TITLE 9: WOMEN WHO HAVE UNITED
THEMSELVES TO THEIR OWN SLAVES' (DE
MULIERIBUS QUAE SE SERVIS PROPRIIS
JUNXERUNT)
Emperor Constantine Augustus to the People.
If any woman is discovered to have a clandestine love
affair with her slave, she shall be subject to the capital
1.2
I Brev. 9, 5; CJ 9, 1o.
9, 24, I; Brev. 9, 5, I; CJ 9, Io, I.
3 This seems to indicate that the tutor himself wished to marry
2
his former ward. It may mean that he may enjoy relief from the
onerous duties of his tutorship.
4 As vicar of Italy.
5 The corruption of a girl by her tutor is treated by Constantine
in a similar manner as the crime of rape, but with a slightly milder
punishment. Cf. 9, 24, 1.
1 Brev. 9, 6; CJ 9, II. Continual warfare had so reduced the number of Roman men that the women were consorting with slaves.
2
Brev. 9, 6, I;
CJ
9, II, I; Nov. Anth. I.
9.9-1
sentence, and the rascally slave shall be delivered to the

flames. All persons shall have the right to bring an accusation of this public crime; office staffs shall have the
right to report it; even a slave shall have permission to
lodge information, and freedom shall be granted to him
if the crime is proved, although punishment threatens him
if he makes a false accusation. I. If a woman has been so
married' before the issuance of this law, she shall be separated from such an association, shall be deprived not only
of her home but also of participation in the life of the
province, and shall mourn the absence4 of her exiled lover.
2. The children also whom she bears from this union shall
be stripped of all the insignia of rank. They shall remain
in bare freedom, and neither through themselves nor
through the interposition of another person shall they receive anything under any title of a will from the property
of the woman. 3. Moreover, the inheritance of the woman,
in case of intestacy, shall be granted either to her children,
if she has legitimate ones, or to the nearest kinsmen and
cognates, or to the person whom the rule of law admits, so
that whatever of their own property her former lover and
the children conceived from him appear by any chance to
have had shall be joined to the property" of the woman and
may be vindicated by the aforesaid successors.
4. All these regulations must thus be observed even if
the woman or her lover has died before the law was issued,
since even one author of the fault incurs the punishment.
5. But if both have already died, We spare the offspring,
and they shall not be burdened with the sins of their deceased parents. They shall be recognized as children; they
shall be preferred to brothers, next of kin, and cognates;6
they shall be heirs of the inheritance that has been left.
6. For after the issuance of this law We punish by death
those persons who commit this crime. But those who have
been separated in accordance with this law and secretly
come together again and renew the forbidden union and
who are convicted by the evidence of slaves or that of the
office of the special investigator 7 or also by the information
of nearest kinsmen shall sustain a similar penalty.
Given on the fourth day before the kalends of June at Sofia (Serdica) in the year of the seventh consulship of Constantine Augustus
and the consulship of Constantius Caesar.-May 29, 326; 329.
INTERPRETATION: If any freeborn woman should join
herself secretly to her own slave, she shall suffer capital
punishment. A slave also who should be convicted of adultery with his mistress shall be burned by fire. Whoever
wishes shall have it in his power to bring accusation of a
crime of this kind. Even slaves or maidservants, if they
should bring an accusation of this crime, shall be heard, on
this condition, however, that they shall obtain their freedom if they prove their accusation; that if they falsify,8
they shall be punished. The inheritance of a woman who
defiles herself with such a crime shall be granted either to
her children, if they were conceived from her husband, or
to those near kinsmen who succeed according to law.
3 nupta, a loose use of language, since such a union was no marriage in the eyes of the law.
4 abscessus, departure, absence, death.
5 dominium.
6 Of the woman.
7 speculans ofpicium.
8 fallere, falsify, fail in the suit, 9, I, 9, n. 27.
E 233
On the Julian Law on Public and Private Violence
9-10-1
TITLE 10: ON THE JULIAN LAW ON PUBLIC

AND PRIVATE VIOLENCE' (AD LEGEM JULIAM DE VI PUBLICA ET PRIVATA)
I.' Emperor Constantine Augustus to Catullinus, Procon-
sul of Africa.
If any person is proved in court to have committed manifest violence, no longer shall he be punished by the exile
of relegation or of deportation to an island, but he shall
receive capital punishment. By the interposition of an appeal he shall not obtain suspension of the sentence which
has been pronounced against him. For many crimes are
included under the one term of violence: assaults and homicide are frequently discovered to have been committed
when some persons attempt to employ violence and others
fight back against them with indignation. Whence it is Our
pleasure that if, perchance, anyone should be killed,
whether on the part' of the possessor or of the person who
has attempted to violate possession, punishment shall be
inflicted on the one who attempted to employ violence and
thus furnished a cause of wrongdoing to the one or the
other party.
Given on the fifteenth day before the kalends of May at Sofia
(Serdica) in the year of the consulship of Gallicanus and Bassus.April 17, 317(f).
INTERPRETATION:
A person who is convicted in court of

the manifest crime of violence shall suffer capital punishment, and if condemned he shall not, by any appeal whatsoever, obtain suspension of the sentence of the judge. If,
by chance, homicide should be committed by either party,
the person shall be punished who made a violent entry to
expel another by fighting. (Here must be added material
from the law on the order of violence.4 )

If any person should invade another's farm with violence, he shall suffer capital punishment. If anyone should
be killed, whether on the part' of the person who attempted
to employ violence or of the person who repulsed injury,
punishment shall be inflicted on the one who intended to
eject the possessor by violence.
Given5 on the sixth day before the ides of March at Rome in the
year of the consulship of Gallicanus and Bassus.-March 10, 317;
318.
The same Augustus to Bassus, Prefect of the City.

If any person should assert that a farm or any other
property belongs to him and should suppose that restitution of possession is due him legally, he shall have the
right to bring a civil suit for possession or, after he has fulfilled the formalities of the law, he shall have the right to
bring a criminal charge for violence, not unaware that if
he should not be able to prove the crime charged, he will
undergo the same sentence as that which the accused would
3.6
Brev. 9, 7; CJ 9, 12.
II, 36, 14; 8, 12, 2, n. 14; Brev. 9, 7, I;
Rom. 8, 1.
2
3 ex parte, on
CJ 9, 12, 6; Burg.
the part of, through the agency of.

Only one inferior manuscript contains this sentence. It is a
notation of the Interpreter, for the benefit of consultants of Alaric's
Breviary.
5 Posted, as in many other laws that were issued to the prefect of
the City. Bassus became Prefect of the City May 15, 317.
6 Brev. 9, 7, 2; CJ 9, 12, 7; Burg. Rom. 8, 2. Maximus succeeded
Bassus as Prefect of the City on September I, 319, but the constitution may have been issued to Bassus and posted by his successor, M.
4
234
otherwise have received. But if he should omit an appeal

to the court and should employ violence against the possessor, We command that the case of violence shall be tried
before all else and that in the trial it shall be determined
which party employed violence and which party was the
possessor who suffered violence, in order that the rights
of his lost possession may be restored to the party who is
proved to have been dispossessed. When the aforesaid possession has been promptly restored, the person guilty of
violence, destined for a penalty not undeserved, shall be
put off until the end of the whole litigation, in order that,
after the principal action 7 has been tried, if the decision
should be against him, he may be deported to an island and
all his goods be confiscated. But if the decision should be
pronounced in favor of the person who appears to have
committed violence, half of all the property involved in
the litigation shall remain in his possession. The rest shall
be vindicated to the account of the fisc.
Posted on the day before the nones of October at Rome in the
year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-October6, 319.
INTERPRETATION: If any person should suppose that he
may so accuse his adversary before the judge that he may
assert that such adversary has employed violence, the accuser shall be held to the proof of the accusation. But if he
should not be able to prove that the person whom he had
mentioned employed violence, he shall receive the same
penalty as that which the person whom he charged could
have received if he had been convicted. As for the rest,
this law must be passed over because it is explained in the
fourth book under the title, "Whence by Violence," which,
however, was devised later.
4.9 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Albinus, Prefect of the City.
When slaves are proved by the testimony of witnesses
or by their own confession to have committed violence, if
they committed this crime without the knowledge of their
masters, We decree that they shall be surrendered and shall
atone for their deeds by the supreme penalty. But if they
committed the violence because of fear or the exhortation
of their masters, it is clear, according to the Julian Law,
that the master shall be pronounced infamous and that he
cannot use as defense the dignity of his station or of his
birth; but slaves who are proved to have obeyed the madness of such masters shall be sentenced to the mines. Low
and infamous persons, moreover, and those who are convicted of having committed violence twice or more frequently 0 shall be held liable to the penalty prescribed by
the divine imperial constitutions. I. The judge must know,
indeed, that he will be branded with grave infamy if he
should delay or neglect to punish a crime of violence that
is proved in his court, or if he should endow such crime
with impunity or punish it with a milder penalty than that
which We have provided.
Given on the day before the nones of March at Milan in the year
of the fourth consulship of Valentinian Augustus and the consulship
of the Most Noble Neoterius.-March 6, 390.
INTERPRETATION: If slaves should confess that they
have committed violence without the knowledge of their
7As to ownership.
4, 22 of M.'s text; 4, 23 of Kr.'s text.
9 Brev. 9, 7, 3; CJ 9, 12, 8; Burg. Rom. 8, 3; Edict Theod. 77.
10 Or: who are convicted twice or more of having committed
violence.
8
Disciplinary Correctio n of Near Kinsmen

masters or should be convicted of so doing, they shall be
sentenced to severe tortures and punished. But if it was at
the command of their masters that they committed the
crime of violence, the masters who commanded the illicit
deeds shall be branded with infamy and cannot retain the
dignity of their high rank or office. Slaves, moreover, who
have obeyed such madness of their masters shall be cast
into the mines. Judges shall not be permitted to defer or
to dismiss a trial of violence or to condone such an offense;" for if they should prove violence' 2 and should not
punish it immediately, they shall know that they will incur
peril. Persons of low rank, moreover, who are proved to
have committed violence twice, or more frequently, shall
be smitten in all cases by the aforesaid penalty established
by the statutes.
TITLE 11: THE CUSTODY OF PRIVATE PRISONS' (DE PRIVATI CARCERIS CUSTODIA)
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Erythrius, Augustal Prefect.
If anyone hereafter should dispatch an accused person"
to a private prison, he shall be held guilty of high treason.4
Given on the day before the kalends of May at Thessalonica in the
year of the second consulship of Theodosius Augustus and the consulship of the Most Noble Cynegius.-April 30, 388.
9-13-1
or by applying fire and burning his body, or if with the

savagery of monstrous barbarians he should force bodies
and limbs weakening and flowing with dark blood, mingled
with gore, to surrender their life almost in the midst of
tortures.
Given on the fifth day before the ides of May at Rome in the year
of Licinius Caesar.-May 11, 319.
The same Augustus to Maximilianus Macrobius.'

Whenever such chance attends the beating of slaves by
their masters that the slaves die, the masters shall be free
from blame if by the correction of very evil deeds they
wished to obtain better conduct on the part of their household slaves. In the case of such actions, in which it is to the
interest of the master to keep a slave that is his own property unharmed, it is Our will that no investigation shall be
made as to whether the punishment appears to have been
inflicted with the intention of killing the man or simply as
correction. For it is Our pleasure that a master shall not
be pronounced guilty of homicide for the death of a slave
when he exercises his domestic power in simple punishments.8 If at any time, therefore, slaves depart from the
human scene when fatal necessity is imminent 9 as a result
of correction by beating, the masters shall fear no criminal
investigation.1 0
2.6
This law does not require inter-
Given on the fourteenth day before the kalends of May at Sirmium in the year of the seventh consulship of Constantine Augustus
and the consulship of Constantius Caesar.-Aprili8, 326; 329.
TITLE 12: THE DISCIPLINARY CORRECTION

OF SLAVES'
(DE EMENDATIONE SERVORUM)
is punishing a fault, the master shall not be held on the

charge of homicide, because he is guilty of homicide only
if he is convicted of having intended to kill the slave. For
disciplinary correction is not reckoned as a crime.
[INTERPRETATION:]
pretation.
1.' Emperor Constantine Augustus to Bassus.

If a master should beat a slave with light rods or lashes
or if he should cast him into chains for the purpose of
custody, he shall not endure any fear of criminal charges
if the slave should die, for We abolish all consideration of
time limitations and legal interpretation.' The master shall
not, indeed, use his own right immoderately, but he shall
be guilty of homicide if he should kill the slave voluntarily by a blow of a club or of a stone, at any rate if he
should use a weapon and inflict a lethal wound or should
order the slave to be hanged by a noose, or if he should
command by a shameful order that he be thrown from a
high place or should administer the virus of a poison or
should lacerate his body by public punishments, 4 that is,
by cutting through his sides with the claws of wild beasts5
11 differre vel dimittere vel donare.
12 If they should establish by trial that an act of violence had been

committed.
1 Brev. 9, 8; CJ 9, 5.
2 Brev. 9, 8, 1.
3 reus, accused person, defendant, criminal.
4 The employment of private prisons by very powerful persons
was a menace to the authority of the Emperor. Cf. 3, 1, 9, n. 24.
Brev. 9, 9; CJ 9, 14.
2 CJ 9, 14, I. Bassus was Prefect of the City.
3 There shall be no distinction whether the slave died immediately
or after a period of time, and there shall be no legal technicalities
which the master should fear. The references seem to be to preceding laws, which specified such distinctions and which contained
various technicalities.
4 Types of punishment that were inflicted for certain public crimes.
5 Implements of torture, actually made of metal.
I
INTERPRETATION: If a slave should die while his master
TITLE 13: THE DISCIPLINARY CORRECTION

OF NEAR KINSMEN' (DE EMENDATIONE
PROPINQUORUM)
I.' Emperors Valentinian and Valens Augustuses to the
Senate.
We grant to their older kinsmen the right to correct
minors in proportion to the nature of the offense, so that
those who are not inspired to practice the virtues of life
by examples of merit in the household may at least be compelled to do so by the medicine of correction. It is Our
will that the power to punish faults of character shall not
be extended indefinitely, but in accordance with paternal
power, the authority of a near kinsman shall have the right
to correct the errors of youth and restrain them by private
punishment. But if the atrocity of the deed exceeds the
jurisdiction of family correction, it is Our pleasure that
those guilty of such enormous crime shall be delivered
over to trial by a judge.
Given on the day before the kalends of December in the year of
the consulship of Valentinian and Valens Augustuses.-November
30, 365; 368; 370; 373.
INTERPRETATION: Older kinsmen are entrusted by law
with the correction by paternal punishment of the errors

6
Brev.
9, 9,
I.
8 simplices quaestiones.
9 When they are at the point of death.
10 quaestio.
1 Brev. 9, 10; CJ 9, 15.
Brev. 9, 10, I; CJ 9, 15, I.
235 1
Disciplinary Correction of Near Kinsmen

9-13-1
or faults of kinsmen who are minors; that is, if the minors
struck down with the sword as one guilty of high treason,
cannot be corrected by words or by reverence for authority,
and all his goods shall be assigned to Our fisc. For the laws
they shall be corrected by beatings through private punishhave willed that the intent to commit crime shall be punment. But if the youth should be guilty of a more serious
ished with the same severity as the actual commission of
fault, which cannot be corrected privately, this fault shall
crime.
be brought to the notice of a judge.
His sons, indeed, to whom We have granted their lives
by especial imperial leniency (for they ought to perish by
the same punishment as their father's, since in them must
TITLE 14: ON THE CORNELIAN LAW ON
be feared examples of paternal, that is, hereditary, crime)
CUTTHROATS (AD LEGEM CORNELIAM DE
shall be held as persons extraneous to the inheritance and
SICARIIS)
succession of their mother or grandmother, and also of all
their nearest kinsmen. They shall receive nothing by the
wills of extraneous persons; they shall be needy and poor
perpetually; their father's infamy shall accompany them
If anyone, man or woman, should commit the crime of
3
always; they shall never be admitted to any honors and to
killing an infant, such an evil deed shall constitute a
any oaths of service; finally, they shall be in such sordidcapital offense.
ness of perpetual want that death shall be to them a solace
Posted on the seventh day before the ides of February at Rome in
the year of the third consulship of Gratian Augustus and the conand life a punishment.8 I. Finally We order to be branded
sulship of the Most Noble Equitius.-February7, 374.
with infamy and to be without hope of pardon, those perINTERPRETATION: If anyone, whether man or woman,
sons also who should ever attempt to intercede with Us for
should kill an infant, he shall be held guilty of homicide.
such men.
2. To their daughters, however many there may be, it is
2.4 Emperors Valentinian, Theodosius, and Arcadius AuOur will that only the Falcidian portion' shall come from
gustuses to the Provincials.
the property of their mother, whether she dies testate or
We grant to all men the unrestricted right of resistance
intestate, so that they shall grudgingly have the subsistence
if any soldiers or private citizens 5 should enter their fields
of a daughter rather than the emoluments and name of
as nocturnal ravagers or should beset frequented roads by
heirs completely. For the sentence ought to be lighter in
attacks from ambush. This right is granted to everyone in
the case of those persons, who, We trust, will be less darorder that whoever so deserves shall be subjected immediing'0 because of the frailty of their sex.
ately to punishment, shall receive the death which he
3. Emancipation bestowed by the aforesaid criminal,
threatened, and shall incur that danger which he intended
whether upon sons or daughters, shall not be valid, profor another. For it is better for a man to fight back at the
vided it was granted after the issuance of this law. 4. We
proper time than for him to be avenged after his death.
decree to be of no force dowries, gifts, and alienations of
Therefore, We entrust the right of vengeance to you, 6 and
any property whatsoever which appear to have been exewhat it is too late to punish by trial We repress by edict.
cuted, fraudulently or legally, after the time when the
Let no man spare a soldier who should be resisted with a
aforesaid persons first thought about entering into a conweapon as a brigand.
spiracy or alliance.
Given on the kalends of July in the year of the consulship of Ta5. Wives of the aforesaid criminals must know that they
tianus and Symmachus.-July I, 391.
leave to the fisc their recovered dowries, and everywill
INTERPRETATION: Whenever anyone as a nocturnal ravthat was due to the children according to law shall
thing
ager attacks either a traveler or someone's home for the
go
to
the
fisc from the time when the usufruct of the wife
purpose of committing robbery, We grant to those persons
that such wives are so situated"' that what
ceases,
provided
who sustain violence the right to resist even with arms, and
from
their husbands by title of gift must be
received
they
if the one who came should be killed for his rash lawlesstheir
children. Even the Falcidian portion9
for
reserved
ness, the death of the brigand himself shall be required of
shall be assigned from these properties to the daughters
no one.
only, not to the sons.
6. That which We have stipulated concerning the afore3.7 Emperors Arcadius and Honorius Augustuses to Eusaid
children of these criminals We decree with like severtychianus, Praetorian Prefect.
also
concerning their satellites, who were their accomity
If any person should enter into a criminal conspiracy
plices
and
assistants," and their children.
with soldiers or civilians, or even with barbarians, or should
7. Certainly if anyone of these criminals, in the begintake or give the oaths of a conspiracy, and should plan for
ning
of a conspiracy that has been undertaken, should be
the death of men of Illustrious rank who participate in
aroused by a desire for true praise and should himself beOur counsels and Our Consistory, or for the death of Sentray the conspiracy, he shall be given rewards and honor
ators, who are also part of Our body, or, finally, for the
by Us. But if a participant in a conspiracy should reveal
death of anyone who is in Our imperial service, he shall be
the secrets of their plans, even belatedly, but while they are
1 Brev. 9, II; CJ 9, 16. Sicarii,literally, knifemen.
2 BreV. 9, II, I; CJ 9, 16, 7.
8 An echo of Paul, Philipp. I, 21: "To live is Christ and to die is
gain."
3 necandi infantis piaculum, possibly a propitiatory sacrifice, employed in the ritual of magic.
4 Brev. 9, II, 2; CJ 3, 27, i; Lex Visigoth. 6, 4, 2.
5 milites vel privati, soldiers or non-soldiers. Soldiers often turned
to brigandage and looted the countrysides; 7, I, I; 7, 18, 7; 7, 18,
14-15; 7, 20, 7, and the notes on these passages.
I; CJ 9, 8, 5.
7 7, I,
6 The provincials.
236
" One fourth of the inheritance, usually called the Falcidian fourth.
10 In crime.
11 si in ea condicione fuerint, if they are subject to this condition.

Under certain conditions, the property received by wives from their
husbands must be reserved for the children.
12 satellites, CONSC1i, fluinistr.
9-16-5
Magicians, Astrologers, and Like Criminals

still unknown, 13 he shall be considered worthy only of absolution and pardon.
Given on the day before the nones of September at Ancyra in the
year of the consulship of Caesariusand Atticus.-September 4, 397.
TITLE 15: PARRICIDES' (DE PARRICIDIS)

1.' Emperor Constantine Augustus to Verinus, Vicar of
Africa.
If any person should hasten the fate of a parent or a
son or any person at all of such degree of kinship that
killing him is included under the title of parricide, whether
he has accomplished this secretly or openly, he shall not be
subjected to the sword or to fire or to any other customary
penalty, but he shall be sewed in a leather sack and, confined within its deadly closeness, he shall share the companionship of serpents. As the nature of the region shall
determine, he shall be thrown into the neighboring sea or
into a river, so that while still alive he may begin to lose
the enjoyment of all the elements, that the heavens may be
taken away from him while he is living and the earth,
when he is dead.
Given on the sixteenth day before the kalends of December in the
year of the fifth consulship of Licinius and the consulship of Crispus
Caesar.-November 16, 318. Received on the day before the ides of
March at Carthage in the year of the fifth consulship of Constantine
Augustus and the consulship of Licinius Caesar.-March 14, 39.
INTERPRETATION: If any person should kill his father,
mother, brother, sister, son, daughter, or other near kinsman, all other kinds of tortures shall be rejected, and a
sack, called a culleus, shall be made of leather, into which
he shall be cast; then serpents shall be enclosed with him,
and, if there should not be a neighboring sea, he shall be
thrown into whatever stream there may be, so that a per-
son condemned to such a penalty may never obtain burial.

We prohibit soothsayers4 and priests' and those persons
who are accustomed to minister to such ceremonies to approach a private home or to cross the threshold of another
person under the pretext of friendship. We have provided
punishment against them if they should disregard this
statute. But you who think that this art is advantageous to
you, go to the public altars and shrines and celebrate the
rites of your custom; for We do not prohibit the ceremonies of a bygone perversiono to be conducted openly."
Given on the ides of May in the year of the fifth consulship of
Constantine Augustus and the consulship of Licinius.-May 15, 319.
3.12 The same Augustus and Caesar to Bassus, Prefect of
the City.
The science of those men who are equipped with magic
arts and who are revealed to have worked against the
safety of men or to have turned virtuous minds to lust
shall be punished and deservedly avenged by the most
severe laws. But remedies sought for human bodies shall
not be involved in criminal accusation, nor the assistance
that is innocently employed in rural districts in order that
rains may not be feared for the ripe grape harvests or that
the harvests may not be shattered by the stones of ruinous
hail, since by such devices no person's safety or reputation
is injured, but by their action they bring it about that divine
gifts and the labors of men are not destroyed.
Given on the tenth day before the kalends of June at Aquileia in

the year of the consulship of Crispus and Constantine Caesars.-May
23, 32r-324; 317-319.a
Magicians, enchanters, conjurers14 of

storms, or those persons who through invocation of demons
throw into confusion the minds of men shall be punished
with every kind of penalty.
INTERPRETATION:
4.15 Emperor Constantius Augustus to the People.

TITLE 16: MAGICIANS, ASTROLOGERS, AND
ALL OTHER LIKE CRIMINALS- (DE MALEFI-
CIS ET MATHEMATICIS ET CETERIS SIMILIBUS)

1.' Emperor Constantine Augustus to Maximus.3
No soothsayer* shall approach the threshold of another
person, not even for another reason, 5 but the friendship,
however old, of such men shall be rejected. That soothsayer shall be burned alive who approaches the home of
another, and the person who has summoned him by persuasion or rewards shall be exiled to an island, after the
confiscation of his property. For those persons who wish
to serve their own superstition will be able to perform their
own ceremonies publicly. We consider, moreover, that an
accuser of this crime is not an informer,' but rather is
No person shall consult a soothsayer' or an astrologer',

or a diviner.' 7 The wicked doctrines of augurs and seers 8
shall become silent. The Chaldeans and wizards1 9 and all
the rest whom the common people call magicians,20 because
of the magnitude of their crimes, shall not attempt anything in this direction. The inquisitiveness of all men for
divination shall cease forever. For if any person should
deny obedience to these orders, he shall suffer capital punishment, felled by the avenging sword.
Given on the eighth day before the kalends of February at Milan
in the year of the ninth consulship of Constantius Augustus and the
second consulship of Julian Caesar.-January25, 357.
When anyone, because of inquisitiveness about future events, consults either an invoker of
demons or prophets, whom they call diviners,17 or soothsayers,' who collect auguries, he shall suffer capital punishment.
INTERPRETATION:
worthy of reward.
Posted on the kalends of February at Rome in the year of the
fifth consulship of Constantine Augustus and the consulship of
Licinius Caesar.-February (September) I, 319; 320.7
13 To the public officials.
I Brev. 9, 13; CJ 9, 18.

sacerdotes, pagan priests.
29,
16, 2;
4 haruspex.
"I libera luce, in the free light of day.

Brev. 9, 13, I; CJ 9, 18, 4; Lex Visigoth. (Chindaswind)
6, 2,3.
13 Bassus was Prefect of the
City 317-319.
14 malefici, incantantores,immissores.
15 Brev. 9, 13, 2; CJ 9, 18, 5; Lex Visigoth. (Chindaswind) 6, 2, I.
16 mathematicus, astrologer, "numerologist."
17 hariolus.
18 vates.
19 magi
20 malefici, workers of evil.
21 CJ 9, 18, 6.
12
CJ 9, 18, 3.
5 Than soothsaying.
delatores, were ordinarily punished severely; io,
io.
7 Maximus entered office as Prefect of the City on September i,

319.
9, 16, I; CJ 9, 18, 3.
10 usurpatio.
9, 12; CJ 9, 17.
14,2; Brev. 9, 12, I; CJ 9, 17, I.
6 Informers,
The same Augustus to the People.
(After other matters.) Many persons who dare to disturb the elements by magic arts do not hesitate to jeopard8
LBrev.
29,
5.21
[ 237
9-16.5
Magicians, Astrologers, and Like Criminals
ize the lives of innocent persons and dare to torment" them

by summoning the spirits of the dead, so that everyone may
destroy his enemies by evil arts. A deadly curse shall annihilate such persons, since they are foreign to nature.
Given on the day before the nones of December at Milan in the
consulship of Julian Caesar.-December4, 357; 336.2
6.24 The same Augustus to Taurus, Praetorian Prefect.

Although the bodies of persons endowed with high rank
are exempt from torture, except, of course, for those
crimes which are indicated by statute, and although all
wizards,19 in whatever part of the world they may be,
must be considered enemies of the human race, those of
them who are in Our retinue, however, almost violate
Our imperial majesty itself. If any wizard,19 therefore,
or person imbued with magical contamination who is called
by the custom of the people a magician, 2 0 a soothsayer,' a
diviner,1 7 or at any rate an augur, or even an astrologer,1 6
or one who conceals some art of divination by interpreting
dreams, or at any rate, one who practices any similar art,
should be apprehended in My retinue or in that of the
Caesar, he shall not escape punishment and torture by the
protection of his high rank. If he should be convicted of his
own crime and by denial should oppose those who reveal it,
he shall be delivered to the torture horse, iron claws shall
tear his sides, and he shall suffer punishment worthy of
his crime.
Given on the third day before the nones of July at Arininum in
the year of the consulship of Datianus and Cerealis.-July 5, 358;
357.

to the Senate.
I' judge that divination12 has no connection with cases
of magic, and I do not consider this superstition," or any
other that was allowed by our elders, to be a kind of crime.
Of this opinion the laws" given by Me in the beginning of
My reign are witnesses, in which free opportunity was
granted to everyone to cultivate that which he had conceived in his mind. We do not condemn divination, but We
do forbid it to be practiced harmfully.
Given on the fourth-5 day before the kalends of June at Trier in
the year of the second consulship of Gratian Augustus and the consulship of Probus.-May 29 (IM), 371.
10. The same Augustuses to Ampelius, Prefect of the City.
Because some persons of the Senatorial order were

touched by the hateful accusation of practicing magic, We
therefore entrust to the prefect of the City the trial of
such cases.3 6 But whenever a trial of this kind occurs,
which, it is believed, cannot be decided or completed by the
judgment of the aforesaid court, We command that those
persons who are involved in any connection with the case,
together with all the records, present and past, shall be
transmitted to the imperial court of Our Clemency for the
customary enforcement.87
Given on the eighth day before the ides of December in the year
of the second consulship of Gratian Augustus and the consulship of
Probus.-December 6, 371.38
The same Augustuses to Modestus, Praetorian Pre-
1i.9 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Albinus, Prefect of the City.
If anyone should hear of a person who is contaminated
with the pollution of magic or if he should apprehend such
a person or seize him, he shall drag him out immediately
before the public and shall show the enemy of the common
safety to the eyes of the courts. But if any charioteer or
anyone of any other class of men should attempt to contravene this interdict or should destroy by clandestine punishment a person, even though he is clearly guilty of the evil
art of magic, he shall not escape the supreme penalty,
since he is subject to a double suspicion, namely, that he
has secretly removed a public criminal from the severity of
the law and from due investigation, 40 in order that said
criminal might not expose his associates in crime, or that
perhaps he has killed his own enemy by a more atrocious
plan under the pretense of avenging this crime.
fect.
The teaching28 of astrology29 shall cease. For if any person, either in public or in private, during the day or during
the night, should be apprehended while engaged in this f orbidden charlatanry, 0 each of the two persons involved shall
be stricken with a capital sentence. For the crime of learning forbidden doctrines is not unlike that of teaching them.

We decree that astrologers1' shall be banished not only
from the City of Rome but also from all the municipalities,
7.25 Emperors Valentinian and Valens Augustuses to Se-
cundus, Praetorian Prefect.

Hereafter no person shall attempt during the nighttime
to engage in wicked prayers or magic preparations or
funereal sacrifices. If he should be detected and convicted
of such practices, We decree by Our everlasting authority
that he shall be stricken 26 with a suitable punishment.
Given on the fifth day before the ides of September in the year of
the consulship of the sainted Jovian and of Varronianus.-September 9, 364.
INTERPRETATION: If any person should celebrate nocturnal sacrifices to the demons or should invoke the demons by incantations, he shall suffer capital punishment.
8.27
Given on the day before the ides of December at Constantinople

-December
12,
370; 373.
22 ventilare. Or: they summon the spirits of the dead and torment them.
23 Constantius left Milan April 28, 357.
24 Q 9, 18, 7.
25 Brev. 9, 13, 3; Lex Visigoth. (Chindaswind) 6, 7, 3; Zosimus
4, 3, 2-3; Julius Firmicus Maternus, De Errore Profanarum Religionum.
26 mactari, to be stricken, slaughtered, executed.
27 CJ 9, 18, 8.
28 tractatus, teaching, discussion, practice.
29 mathematica, astrology, "numerology."
so error, false doctrine, superstition.

Rome in the year of the consulship of Timasius and Promotus.August 16, 389.
31 Although this constitution was ostensibly issued by all three

Emperors, its author was Valentinian, who here speaks in the first
person singular. Most of the imperial legislation was issued by one
Emperor and was accepted and adopted by his colleague or colleagues on the throne, Min. Sen. n. 21.
32haruspicina.
3 religio, religion, superstition.
3 Not extant.
3 The fourteenth.
36 The prefect of the City regularly presided over trials of Senators, 9, I, n. 5.
observatio, procedure, enforcement.

Seeck compares with i, 6, 6.
9 CJ 9, 18, 9.
40 An investigation, usually with torture, if the suspected person
were of the lower classes.
41 CJ I, 4,
10.
3
38
[ 238
Violation of Tombs
unless, after the books of their false doctrineso have been
consumed in flames under the eyes of the bishop, they are

prepared to transfer their faith to the practice of the Catholic religion and never return to their former false doctrine."o But if they should not do this and, contrary to the
salutary constitution of Our Clemency, should be apprehended in the municipalities or should introduce there the
secrets of their false doctrineso and profession, they shall
receive the punishment of deportation.
Given on the kalends of February at Ravenna in the year of the
eighth consulship of Honorius Augustus and the third consulship of
Theodosius Augustus.-February 1, 409.
TITLE 17: THE VIOLATION OF TOMBS' (DE

SEPULCHRIS VIOLATIS)
1.2 Emperor Constantius Augustus to Titianus, Prefect of
the City.
If any person 3 should be apprehended in the act of demolishing a tomb, and if he should do this without the
knowledge of his master, he shall be sentenced to the mines.
If, however, he should be urged by the authority and command of his master, he shall be punished by the exile of
relegation. If by chance anything taken from the tombs and
carried to his house or villa' should be discovered after the
issuance of this law, the villa or house or any other building
shall be vindicated to the account of the fisc.
Given on the seventh day before the kalends of July at Milan in
the year of the consulship of Acindynus and Proculus.-June25, 340.
2.6 The same Augustus to Limenius, Praetorian Prefect.

By the imposition of a fine We correct a deed that is
customarily avenged by blood,6 and We so decree punishment in the future that any person who has committed the
crime before the issuance of this law shall not be free from
punishment. If any person, therefore, should take away
columns or marble from monuments or should throw down
stones for the purpose of burning them into lime, only after
the time of the consulship of Dalmatius and Zenophilus,7
of course, he shall pay to the account of the fisc a pound
of gold for each tomb thus violated, after the case has been
investigated by the court of Your Prudence. Those persons
also shall be held liable to the same penalty who demolish
a monument or diminish its ornamentation.' Persons who
sell to lime burners the monuments placed in their fields
shall be subject to the penalty, together with those who dare
to purchase such monuments; for if it is contrary to divine
law for anything to be touched, it cannot be purchased
without pollution. Thus one pound of gold shall be demanded of each of the two.' But even if a monument has
been torn down by the order of a judge,"0 in order that the
penalty may not be avoided under the pretext of erecting
public buildings, We order the aforesaid judge 0 to assume
the payment of this fine. For they must construct public
1 CJ 9, 1g. Nov. Val. 23. This was a period when there was a
critical shortage of building materials and labor. Besides, many
valuable objects, especially jewels, were often buried with the dead.
9-17*4
buildings from taxes" or other sources of revenue. But if

any person, fearing the fine, should conceal the ruins of a
tomb in a heap of earth and should not confess within the
time prescribed by Your Excellency, and if he should be betrayed by another, he shall be compelled to pay two pounds
of gold. But if, by petitions duly presented, they should
impetrate from the pontiffs"2 permission to take down
falling monuments for the purpose of repairing them, and
if they should prove this to be true, they shall be exempted
from the payment of the fine. But if they should misuse for
another purpose the monuments taken down, they shall be
held liable to the prescribed penalty.
I. The following rule must be observed in the future,
that in the provinces the judges10 of the respective districts
and in the City of Rome Your Eminence,13 together with
the pontiffs, 12 shall inspect to see whether any monument
should be restored by repairs, provided that, if permission
should finally be granted, a time shall also be fixed for the
completion of the work. 2. But if, in violation of the
sanction of Our Clemency, any person should touch a tomb
with the intent to harm it, he shall be compelled to pay
twenty pounds of gold to Our largesses. If, moreover, the
judgeso of the various districts should neglect to enforce
these regulations, not only the brand of infamy but also
the penalty prescribed for violators of tombs shall be
visited upon them.
the consulship of Limenius and Catullinus.-March28, 349.
3. The same Augustus and Julian Caesar to Orfitus."

We learn that some men too eager f or gain destroy tombs
and transfer the building material to their own houses.
These men, when their crime is detected, must undergo the
punishment prescribed by the ancient statutes.
Posted in the Forum of Trajan in the year of the eighth consulship of Constantius Augustus and the consulship of Julian Caesar.(June z3) 356.
4.'" The same Augustus to the People.

Those persons who violate the habitations of the shades,
the homes, so to speak, of the dead, appear to perpetrate
a twofold crime. For they both despoil the buried dead by
the destruction of the tombs, and they contaminate the living by the use of this material in building. If any person,
theref ore, should take away from a tomb, stones or marbles
or columns or any other material for the purpose of building or if he should do this for the purpose of selling
such material, he shall be compelled to pay ten pounds of
gold to the fisc, whether someone defending his own
tombs" should bring this complaint into court or someone
else should accuse him or apparitors should report his
crime. This penalty is added to the severity of the ancient
laws, f or nothing has been derogated from that punishment
which is known to have been imposed on violators of tombs.
Moreover, those persons also who disturb buried bodies or
the remains of the dead shall be subject to the same penalty.
Given on the ides of June at Milan in the year of the ninth consulship of ConstantiusAugustus and the second consulship of Julian
Caesar.-June 13, 357; 356.17
2 CJ 9, 19, 2.
Apparently a slave or colonus, as may be seen from what follows.

6 Capital punishment.
5 CJ 9, 19, 3.
7 Consuls in 333, sixteen years before the issuance of this law.
8 Or: who demolish or diminish the ornamentation of a monument.
9 The buyer and the seller.
oJudex usually means the judge ordinary, the governor of a
province.
3
4 The master's.
11 And not from the material of tombs.
12 Pagan priests, one of whose functions was the

oversight of
tombs and burials. Cf. Symmachus 2, 36.
1s The praetorian prefect.
'5 CJ 9, 19, 4.
16 His ancestral and family tombs.
17 Constantius departed from
Milan April 28, 357.
C 239 1
Violatio n of Tombs
9*17*5
5.18 Emperor Julian Augustus to the People.
Criminal audacity extends to the ashes of the dead and

their consecrated mounds, although our ancestors always
considered it the next thing to sacrilege even to move a
stone from such places or to disturb the earth or to tear
up the sod. But some men even take away from the tombs
ornaments for their dining rooms and porticoes. We consider the interests of such criminals first, that they may not
fall into sin by defiling the sanctity of tombs, and We prohibit such deeds, restraining them by the penalty which
avenges the spirits of the dead.
I. The second matter is the fact that We have learned
that the corpses of the dead are being carried to burial
through dense crowds of people and through the greatest
throngs of bystanders. This practice, indeed, pollutes the
eyes of men by its ill-omened aspect. For what day is wellomened by a funeral? Or how can one come to the gods
and temples from a funeral? Therefore, since grief loves
privacy in its obsequies and since it makes no difference to
those who have finished their days whether they are carried
to their tombs by night or by day, the sight of all the people
must be freed from this spectacle. Thus grief may appear
to be associated with funerals, but not pompous obsequies
and ostentation.
year of the fourth consulship of Julian Augustus and the consulship
of Sallustius.-February12, 363.
6.' Emperors Gratian, Valentinian, and Theodosius Augustuses to Pancratius, Prefect of the City.
All bodies that are contained in urns or sarcophaguses
and are kept above the ground shall be carried and placed
outside the City, that they may present an example of humanity 20 and may leave to the homes of citizens their sanctity. 21 Hereafter, moreover, if any person should disregard
this regulation or should dare to undertake any such thing

after the threat of this precept, he shall be fined a third
part of his patrimony. The office staff also which is subject
to you will regret to suffer the forfeiture of fifty pounds
of gold.
That no persons may evade the purpose of this regulation by false and cunning shrewdness and suppose that the
resting places 22 of apostles and martyrs are granted for the
burial of bodies, they shall know and understand that they
are excluded from such burial places, just as from the rest
of the City.
Given on the third day before the kalends of August at Heraclea
in the year of the consulship of Eucherius and Syagrius.-July 30,
381.
No person shall transfer a buried body to another place.

No person shall sell the relics of a martyr; no person shall
traffic in them. But if anyone of the saints has been buried
in any place whatever, persons shall have it in their power
to add whatever building they may wish in veneration of
such a place,2 ' and such building must be called a martyry.
Given on the fourth day before the kalends of March at Constantinople in the year of the consulship of Emperor Designate Honorius
and of Evodius.-February 26, 386.
18 Julian, Epist.
19 CJ I, 2, 2.
77; Hermes 8,
172;
CJ 9, 19, 5.
20 May indicate the common lot of mortals.

21 Free from the pollution of the dead.
22 sedes, which had become shrines.
23 CJ I, 2, 3; 3, 44, 14.
24Or: in veneration of the saint.
240
TITLE 18: ON THE FABIAN LAW' (AD LEGEM

FABIAM)
Emperor Constantine Augustus to Domitius Celsus,
Vicar of Africa.
Kidnapers who inflict on parents the pitiable bereavement of their living children formerly were held liable to
the penalty of the mines and other well-known punishments. When, however, any person is now charged with
such a crime, after his guilt has become clear, if he is a
slave or has been presented with his freedom, he shall be
thrown to the wild beasts at the first public spectacle. But if
he is a freeborn person, he shall be given to a gladiatorial
show under this general rule, namely, that before he does
anything whereby he may be able to defend himself, he
shall be destroyed by the sword. Those persons, moreover,
who have already been sent to the mines for this crime
We order never to be recalled.
1.2
Given on the kalends of August in -the year of the fourth consulship of Constantine Augustus and of Licinius.-August 1, 315.
INTERPRETATION: If any person should steal the children
of others and take them anywhere at all, whether he be
freeborn or slave, he shall be punished by death.
TITLE 19: ON THE CORNELIAN LAW ON

FORGERY' (AD LEGEM CORNELIAM DE
FALSO)
1.2 Emperor Constantine Augustus to Mecilius Hilarianus,
Governor 3 of Lucania and of Bruttium.
If any decurion should write a testament, codicil, or any
will of a dying person or should perform the service of
writing public and private documents, and if a charge of
forgery should be brought against him, the honor of the
decurionate shall be laid aside,' and he shall be subjected
to examination under torture, if the case should so demand.
But such a person who has been apprehended in such an act
does not cease forthwith to be a decurion. For in so far as
concerns his compulsory municipal services, he shall remain
a decurion. But with respect to the deed that was done and
the revelation of the truth, he shall not be able to make use
of the honor of the decurionate.
I. A man who previously has been a notary and subsequently has been made a decurion shall not be able to be
defended by this rank for the purpose of escaping examination under torture concerning those documents which he
wrote before he became a decurion, since the authenticity
of the document, if the case so demands, must be proved
by the author himself.
Given on the third day before the kalends of February.-January
30. Received on the kalends of August in the year of the consulship
of Sabinus and Rufinus.-August 1, 316.
If any decurion should write the will

of a dying man or any public document whatever and
should be accused of forgery, first his rank shall be laid
INTERPRETATION:
1 Brev. 9, 14;
2 Brev. 9, 14,
3 liber.
CJ 9, 20.
I; CJ 9, 20, 16; Collatio 14; Burg. Rom. 4,
1.
1 Brev. 9, 15; CJ 9, 22; Burg. Rom. 32, 2. falsum, falsification,

forgery, counterfeiting, fraud.
2 BreV. 9, 15, I; CJ 9, 22, 21. Mecilius Hilarianus Africanus, CIL
8, 1179.
Corrector,the judge ordinary of the province.

4 Decurions were not ordinarily subject to torture, 12, I, 80.
3
On the Cornelian Law on Forgery

aside and, if necessary, he shall be subjected to examination. If he should be convicted, he shall not be expelled
from the municipal council, but he shall be deprived of the
rank of decurion; that is, he cannot be a dignitary. But in
the case of a notary, who is also now called an amanuensis,
even though he should attain the rank of decurion, if he
should be accused or convicted of forgery, he shall be subjected to examination, that the authenticity of the writing
may be proved by the same person by whom it was executed.
Emperor Constantine Augustus to Maximus, Prefect
of the City.
Although in the past this custom was preserved in the
courts, that when documents were brought forward and
anyone said that they were forged, the judge of the civil
controversy would refrain from giving a decision, and in
that case it happened that the pending criminal accusation,
which was restricted by no time limit, would mock the
plaintiff or the defendant, We consider it advantageous
that, even if one of the litigants should bring the complaint
of forgery, nevertheless the authority of the instruments
brought forward shall confer temporary6 possession on
either the plaintiff or the defendant, so that when the civil
action has been completed, the action on forgery shall then
be subjoined as secondary. I. It is Our will, therefore, first,
that the requirement of an inscription shall cease. But when
the trial of forgery occurs, then according to the ancient
custom, when the civil trial has been terminated by a decision, a very zealous investigation shall be made by means
of evidence, witnesses, comparison of documents, and other
tokens of the truth. The investigation shall not be incumbent upon the accuser alone, nor shall the entire necessity of proof be assigned to him, but the judge shall be
neutral7 between the two parties. He shall not divulge by
an interlocutory opinion anything that he thinks, but he
shall conduct the examination as in a case to be referred
to Us," which imposes upon the judge only the duty of
hearing the case, and he shall reveal in the final sentence
what is clear to him. 2. We confine, moreover, to the space
of a year the final limit of a criminal trial, which limit it
is not allowable for a litigant or the judge to exceed, the
beginning of which year shall be the inauguration of the
action that is attested' before a competent judge. After
proof of guilt, capital punishment, if the magnitude of the
crime so demands, or deportation shall threaten the person
who has committed forgery.
2.5
Posted on the eighth day before the kalends of April in the

Forum of Trajan in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-March
25, 326; 320.10

Festus, Proconsul of Africa.
Our Serenity has observed that the practice of imitating
Our celestial imperial letters has arisen from the fact that
the office of Your Gravity, in composing references of
5 CJ 9, 22, 22.
6 momentum, temporary, interim, immediate possession.

7 medius, intermediate, intermediary, neutral.
8 To a higher court.
9 testata, attested, contested.
10 Maximus, to whom this constitution was addressed, was Prefect of the City in 320, while the seventh consulship of Constantine
was in 326.
9-19-4
cases to the Emperor and reports to Him, uses the same

kind of script" as that which the bureaus of Our Eternity
use. Wherefore, by the authority of this sanction, We command that hereafter this custom, a teacher of forgery, shall
be abolished and that everything which must be written
either from a province or by a judge shall be entrusted to
commonly used letters, 2 so that no person shall have the
right to appropriate a copy of this style,1 3 either privately
or publicly.
Given on the fifth day before the ides of June at Trier in the year
of the consulship of Lupicinus and Jovinus.-June 9, 367; 368.14
to Maximinus," Praetorian Prefect.

If a document should be produced before a judge and
some dispute about it should arise, We grant permission
that the litigant who is pressing his claim shall have time to
declare whether he decides to bring suit in a criminal action
for forgery or in a civil action on the validity of the document. I. But if, seeking revenge, he should bring the criminal charge of forgery, it shall be at the discretion of the
judge whether he shall permit such litigant to prosecute
even without an inscription. For it must be entrusted to the
power of the judge to exact from an accuser who does not
prove his charges the punishment established by the ancient
law. Antiquity also favored very strongly a plan of this
kind and wished the most wicked men to be convicted and
punished under various laws such as the Cornelian Law on
sorcerers,1 7 cutthroats, and parricides, the Julian Law on
adultery and the crime of corrupt solicitation, and other
laws promulgated with the provision that trial could be
held even without an inscription and that the penalty,
nevertheless, could be inflicted on an accuser even without
the observance of the customary formalities. The sainted
Antoninus is proved also to have given rescripts18 about
this matter, and he established in the power of the judge
that which We had ordered in the statutes. Thus the austerity of the former regulation shall be removed by the leniency of this rescript, so that if any person hereafter should
attempt to impeach the tablets of a will, written acknowledgment of debt, and attestations, also private or public
accounts, pacts, letters, or last wills, deeds of gift, sales,
or anything else that is produced in court, the customary
formalities" may be omitted, and he shall have the right to
bring a criminal accusation and shall obtain a decision in
accordance with the action of the judge. 2. But in a civil
trial the humanity of the judge moves back and forth between the contesting parties with equal concern for each,
since the judge who presides over the trial can punish false
charges or proven crimes with competent penalties in accordance with the law.
Posted at Rome on the sixteenth day before the kalends of May
in the year of the fifth consulship of Valens Augustus and the
consulship of Valentinian Augustus.-April i6, 376.
INTERPRETATION: Suit can be brought on forgery in both
criminal and civil actions. It is brought in a civil action
when a person does not bring charges of the crime of forgery with reference to any documents but says that he
wishes to investigate the authenticity of the writing. For if
11 apices.
12 litterae communes.
The style of writing employed by the imperial chancellery.
l4Valentinian was at Ambiani until August 28.
15 Brev. 9, 15, 2; CJ 9, 22, 23; Burg. Rom. 32, I.
16 Maximus.
17 venefici, poisoners, sorcerers.
18 Not extant.
19 Of inscription.
13
[ 241
On the Corneli an Law on Forgery
9*19.4
the accuser should come to the judge and charge the crime
of forgery, the judge shall grant to the accuser time to deliberate whether he wishes to bring suit in criminal or in
civil action. But if he should return to the judge and should
persist in his charge of the crime of forgery, it shall be in
the power of the judge whether he wishes an inscription
to be filed or whether he wishes to try the crime charged
without the filing of an inscription. When the judge hears
this case on the charge of forgery, whether an inscription
has been filed or omitted, he shall pronounce sentence according to statute, either against the accused if the charge
of forgery is proved or against the accuser if he has made
a false charge.
TITLE 20: A PERSON DEFEATED IN A CIVIL
SUIT SHALL BE ABLE TO BRING CRIMINAL
ACTION' (VICTUM CIVILITER AGERE CRIMINALITER POSSE)
to Antonius, Praetorian Prefect.
It has been generally decided by most jurists that whenever both a civil and a criminal action are available concerning property,' both actions may be brought, and the
right to a criminal action is not extinguished if the case has
been tried in a civil action. Thus if a person who has been
dispossessed by force should make use of the interdict
"Whence by violence . . ."4 for recovering possession,
nevertheless, he is not prohibited from instituting an accusation in a criminal action also under the Julian Law on
violence. Also if a will has been suppressed and the case has
been tried under the interdict, "On the Production of
Wills," 5 a criminal charge can nevertheless be brought under the Cornelian Law on wills. So when a freedman declares himself freeborn, he can be sued in a civil action for
his services,' as well as in a criminal action under the
Visellian Law. In this class are considered also an action
for theft and an action established under the Fabian Law.
Although one cause, the one "On Morals," 7 has been excepted, there are six hundreds others which cannot be enumerated to which the rule applies that after the one action
has been brought, the matter therein adjudicated may be
considered again in the other action which remains. By this
definition of the law there is no doubt that even the crime
of forgery which has already been tried in a civil action
shall have the right to be tried again in a criminal action.
Given on the day before the ides of January at Trier in the year
of the sixth consulship of Valens Augustus and the second consulship of Valentinian Augustuts.-January 12, 378.
INTERPRETATION: There are mixed cases, equally civil
and criminal, and these cases can be so divided that first
the civil case, then the criminal case shall be tried, if the
accuser so wishes; so that if any person has been dispossessed of his property by violence and he prefers to sue
1 Brev. 9, 16; CJ 9, 31.

2 Brev. 9, 16, I; CJ 9, 31, 1.
rres familiaris, (family) property, pecuniary matters.
4 "Unde vi . . . " an interdict issued in cases of forcible dispossession. It is named from its opening words, as were most interdicts
that were originally formulated and issued by the Roman praetor in
the time of the Republic; 2, 31; 4, 21-23.
5 "De tabulis exhibendis."
r operae, services due from a freedman to his patron.
7 "De moribus," a suit by the husband, brought on the grounds of
immorality of the wife.
8 An indefinite large number.
first by a civil action for the recovery of the property that

was taken from him, he shall have the right to ask that
interim possession' be restored to him. If the person who
has been dispossessed should be defeated in a civil suit
concerning his property and if the criminal action has been
kept till last, after he has first recovered interim possession,
he can afterwards prosecute the person guilty of violence.
In case of a will also, if, perhaps, any person, for the
purpose of defrauding the heir, should suppress a will entrusted to him by a testator, and if the heir written in the
will should seek that the said will be restored by the court,
when the will has been restored by the court through the
aid of interim possession, the heir can afterwards bring
criminal action on the grounds of the suppression of the
will. In other similar cases also, similar actions shall be
granted.
TITLE
FALSA
21: COUNTERFEIT
MONETA)
(DE
MONEY'
Emperor Constantine Augustus to Verinus.2

If any person should make counterfeit coins, he shall
sustain punishment, according to distinctions of sex and
differences in legal status; that is, if he is a decurion or
the son of a decurion, he shall be banished from his natal
soil and sent to any distant municipality whatever under the
condition of perpetual exile, and the matter of the disposition of his property shall be referred to Our knowledge.
If he is a plebeian, he shall be consigned to perpetual punishment and his property forfeited. If he is of servile condition, he shall be subjected to the supreme penalty.
I.
Given and posted on the fifteenth day before the kalends of April
consulship of Licinius Caesar.-March18, 319; 323-325.2
The same Augustus to Januarinus.

Since some imperial minters are secretly and criminally
engaged in the coinage of counterfeit' money, all shall
know that the necessity is incumbent on them of seeking
out such men, that they may be tracked down and delivered
to the courts, so that they may forthwith betray the accomplices of their deeds through torture and thereupon be
sentenced to suitable punishments.
I. Also We grant to their accusers immunity, 6 the measure of which, since their property rating is unequal, shall
be determined by Us for each individual. To slaves who
report this crime We grant Roman citizenship, with the
provision that their masters shall recover their price from
the fisc.
2. If any member of the imperial service should permit
such a person who has been committed to his charge to
escape from custody, he shall suffer capital punishment.
3. Furthermore, the right of appeal shall be denied to a
private citizen,7 but if a member of the imperial service or
one promoted in rank" should incur a charge of this kind,
his name and rank shall be referred to Us.
2.4
momentum, temporary, interim, immediate possession.
2 Vicar of Africa,
1 Brev. 9, 17; CJ 9, 24.
3 adulterinus,adulterated, counterfeit.
4
CJ 7, 13, 2; 9, 24,
1.
2,
19,
His official position is unknown, 9, 34, 1.

6 From taxes and other compulsory public services.
7 As distinguished from a member of the imperial service.
8miles aut prontotus.
5
[ 242
1.
9.21.9
Counterfeit Money
4. If it should be proved that the owner of a farm or of
a house is an accomplice in this crime, he shall be deported
to an island, and all his property shall be immediately confiscated. But if the crime has been committed" without his
knowledge, he must lose the landholding or the house
where the crime was committed. The overseer of the farm,
the slave, the resident of the house,10 or the colonus who
furnished such assistance shall be stricken with capital punishment, together with the man who made the counterfeit
money; the farm or house, nevertheless, shall be vindicated
to the resources of the fisc. 5. But if the owner, without
previous knowledge thereof, should reveal the crime which
has been perpetrated as soon as he discovers it, his landholding or house shall not be subject to the injustice of
proscription, but capital punishment shall overtake the
author and accessory of the crime.
Given on the twelfth day before the kalends of December at Rome
in the year of the second consulship of Crispus and Constantine
Caesars.-November 20, 321; 318.
3.11
The same Augustus to Tertullus, Proconsul of Africa.
If any person should mold a coin by false casting, 2 We

command that all his property shall be confiscated to the
fisc and that he shall be punished with statutory severity,
in order that such zeal for coining money may prevail only
in Our mints.
Given on the day before the nones of July at Milan in the year of
of Constantius Caesar.-July 6, 326.
14
4.1-
The same Augustus to Helpidius.
It was formerly established as law that, if money should

be secretly stamped and coined on a farm or at a house
without the knowledge of the owner, the fisc should vindicate to its own ownership the seat of the crime. Now it is
Our pleasure that a distinction shall be made, namely, that
if the owner dwells in the immediate neighborhood so that
his carelessness or negligence should be punished, the
former regulation shall be valid. But if he should be at a
very long distance from the said house or landholding, he
shall sustain no loss.
i. But We believe that widows and pupils are worthy
of special indulgence, so that a widow, even if she dwells
in the immediate neighborhood, shall not forfeit her house
or landholding, provided that she does not possess guilty
knowledge of so grave a crime. But even though pupils
should have knowledge of such crime, they shall sustain
no loss, because, if they are still under the age of puberty,
their age does not understand what it sees. Such punishment shall be visited upon their tutors, however, if they
were in the immediate neighborhood, since they must not
be ignorant of what is being done on the property of their
wards. Therefore, they shall pay to the fisc out of their own
property, if they are financially responsible, as much as
would have been taken from the property of their wards.15
Thus emended, the statute shall be preserved in all its other
provisions as it was formerly issued.
Given on the fourth day before the nones of May in the year of
the eighth consulship of Constantine Augustus and the fourth consulship of Constantius.-May 4, 320; 326.
5.16 Emperor Constantius Augustus to Leontius, Prae-
torian Prefect.
A reward is offered to the accusers of any persons who
can be found to be counterfeiters of solidi or who are
brought before the public authorities by anyone for this
crime. Such criminals shall be delivered to the consuming
flames immediately and without any delay.
Given on the twelfth day before the kalends of March at Antioch
in the year of the consulship of Placidus and Romulus.-February
r8, 343.
INTERPRETATION: If any person should betray a counter-
feiter of money, he shall receive a reward, and the one who

has been betrayed, if he is convicted of the counterfeiting
of money, shall be burned by fire.
6. The same Augustus to Limenius, Praetorian Prefect.
We have learned that some, metal casters' purge the
majorina criminally and frequently, by separating the silver
from the bronze. If any person hereafter should be apprehended in this trickery, he shall know that he has committed a capital crime. Also those persons who furnish the
use of houses and lands to counterfeiters must be punished
by the delivery of their property to the imperial largesses.
Of course, Our Clemency must be informed of the names
of such persons.
Posted on the day before the ides of February in the year of the
consulship of Limenius and Catullinus.-February12, 349.

to Archelaus, Count of the Sacred Imperial Largesses. 8
If you should find that any gold of private citizens has
been stamped in the public mint, know that all that gold
must be vindicated to Our largesses, since, indeed, that
person has judged himself worthy of condemnation who
supposes that, even when he has not been compelled to do
so, he should, of his own accord, bring his own gold to the
fiscal mint.
Given on the fifth day before the ides of March at Marcianopolis
of Victor.-March II,
369.
8. The same Augustuses to Tatianus, Count of the Sacred

Imperial Largesses .
By a decision of Our customary mildness, We mitigate
Our former decree"9 by which We had ordered that if any
gold was said to have been brought to the mint by private
citizens for stamping, all of it should be vindicated to the
account of the fisc, and We prescribe that instead of the
entire sum which is entered in the account books, two
ounces per pound shall be contributed, and all frustrative
devices shall be abandoned.
Given on the twelfth day before the kalends of June at Antioch in
the year of the third consulship of Gratian Augustus and the consulship of Equitius.-May 21, 374.
gustuses to Our dearest Tatianus, Greetings.

Those persons guilty of making false money, who are
commonly called counterfeiters, are held liable to the criminal charge of high treason.
2
in the year of the consulship of Timasius and Promotus. 1 fJUne
27, 389; 392.
9 On his property.
10 incola, dweller, tenant, hired worker.
119, 21, 9; 9, 21, 5; CJ 9, 24, 2.
12 fusi0 falsa.
13 9, 21, 2; C 9, 24, 1.
14 Perhaps Vicar.
15 If they had been of age.
16 9, 21, 3; Brev.
17 flaturarii.
21, 3;
CJ
9, 17, I; CJ 9, 24, 2.
18 4, 13, 6.
24, 2.
20
9,
21
Theodosius was at Rome on this date.
9,
243
19
9, 21, 7.
9*21-10
Counterfeit Money

If any person should arrogate to himself the right to
coin copper, either through some rescript or even through
Our annotation, not only shall he lose the fruit of his own
petition, but he shall also receive the punishment which he
deserves.
10.22
Given on the fourth day before the ides of July at Constantinople

consulship of Abundantius.-July 12, 393.
TITLE 22: IF ANY PERSON SHOULD CUT OFF

THE OUTER EDGE OF A SOLIDUS OR
SHOULD SUBSTITUTE AN ADULTERATED
SOLIDUS IN A SALE' (SI QUIS SOLIDI CIRCULUM
EXTERIOREM
INCIDERIT
VEL
ADULTERATUM
IN VENDENDO
SUBJE-
CERIT)
1.2 Emperor Constantine Augustus to Leontius, Praetorian
Prefect.
All the solidi on which appear Our face and which have
the same degree of veneration must be valued and sold at
the same price, although the size of the image may vary.
For a solidus that is extended with a greater appearance of
the Emperor's face is not worth a greater price, nor must
one that is compressed with a smaller image be supposed
to be of less value, when the weight is the same. But if anyone should do otherwise, he shall be capitally 3 punished or
be delivered to the flames or subjected to some other fatal
punishment. That person also shall suffer this penalty who
clips off a portion of the outer edge so that he diminishes
the amount of the weight or who, when selling money, substitutes a debased counterfeit for a stamped solidus.
of the consulship of Gallicanus and Bassus.-July 26, 317; February 18, 343.4
INTERPRETATION: If any person should clip around a
solidus or substitute a debased coin or make counterfeit
money, he shall be capitally3 punished.
TITLE 23: IF ANY PERSON SHOULD MELT

DOWN MONEY OR SHOULD TRANSPORT
MONEY FOR THE PURPOSE OF TRADE OR
SHOULD HANDLE FORBIDDEN MONEY (SI

QUIS PECUNIAS CONFLAVERIT VEL MER-
by the governors, and by some of the dignitaries, so that

when the truth has been learned, the governors' of the
provinces may punish the guilty according to the statutes.
Their office staffs, also, shall be subject to extreme peril.
i. No trader shall carry on his own animals more than
a thousand f olles of the money established in public use for
the purpose of paying his expenses. If any person should be
discovered to convey a larger amount, his property shall be
vindicated to the ownership of the fisc, and he himself shall
be punished by exile. 2. For We judge that merchants must
not export3 all kinds of money carried in their ships; in
fact, We permit only money established in public use to be
so conveyed. Likewise We permit only those wares to be
bought which are carried by merchants to different places
in accordance with their usual custom. But it shall be altogether illegal for any person to buy money or to handle f orbidden money, because the purchase price of things4 must
be money established in public use, not merchandise.
3. Finally, it is Our pleasure that, if any coin except that
which continues in public use, should perchance be found in
the possession of any merchant, it shall be vindicated to the
ownership of the fisc, together with all the property of the
offender. If perchance ships should come to any provinces
with merchandise, everything shall be sold with the customary freedom except the coins that are usually called majorinas5 or common centenionals 6 or other moneys which are
known to be forbidden.
Received on the eighth day before the ides of March at Constantinople in the year of the eighth consulship of Constantius Augustus
and the consulship of Julian Caesar.-March 8, 356; 352; 348.7
Emperors Arcadius and Honorius Augustuses to Dexter,

Praetorian Prefect.
We command that only the centenional shall be handled
in public use and that the coining of larger money shall be
abolished. No person, therefore, shall dare to exchange the
decargyrus' for another coin, and he shall know that the
aforesaid money, which can be seized if found in public
use, will be vindicated to the fisc.
2.
Given on the day before the ides of April at Milan in the year of
the consulship of Olybrius and Probinus.-April 12, 395.
TITLE 24: THE RAPE OF VIRGINS AND

WIDOWS' (DE RAPTU VIRGINUM VEL VIDUARUM)
CANDI CAUSA TRANSTULERIT AUT VETITAS CONTRECTAVERIT)
i.' Emperor Constantine Augustus to the People.

If any man who had not previously made a pact with the

If any person should be detected in melting down money
or in transporting it to different regions for the purpose of
selling, he shall undergo the sentence for sacrilege and
shall suffer capital punishment. We decree that harbors
and various shores where there is customarily very easy
access to ships and byroads of the highways must be guarded
by suitable apparitors, and persons shall be placed in charge
1praesides, the judges ordinary.

2 rectores, n. I.
3 promere, display for sale, G. The translation of this passage is
uncertain and conjectural.
4 pretium, the medium of exchange.
5 A large copper coin of unknown value.
6 A small bronze coin, worth .4-.6 cent as of 1950.
7 Since Taurus was Praetorian Prefect of Italy and Africa in 356,
change the inscription and subscription to read: Emperor Constantius Augustus and Constantius Caesar to Rufinus; in the year of
the fifth consulship of Constantius Augustus and the consulship of
Constantius Caesar, 2, 9, I, M.
"A small silver coin, worth about 8.4 cents as of 1950.
22
CJ 9, 24, 3-
1 Brev. 9, I8.
2 Brev. 9, IS,
1 Brev.
2
I;
CJ II, ii, I; Lex Visigoth. (Recesswind) 7, 6,
2.
3 capite, either by loss of citizenship or death; here possibly by

decapitation.
4 A comparison of the other constitutions issued to Leontius would
indicate that this constitution was issued by Constantius in 343.
9, 19; CJ 9, 13.
Brev. 9, 19, I; CJ 7, 13, 3; Burg. Rom. 9,
1-3;
Burg. Germ. 9, 5;
Edict Theod. 17-19. It is remarkable that this constitution does not

prescribe the punishment of the principal who is guilty of rape, but
only the punishment of his accomplices and assistants who are of
servile origin. 9, 24, 2 refers to this constitution and indicates that it
prescribes an extremely severe punishment for ravishers.
244 ]
Rape of Virgins and Widows

parents of a girl should ravish this girl against her will,
or if he should abduct a girl who was willing, hoping to
obtain protection from the consent of the girl, although it
was because of the fault of frivolity and the inconstancy
of her sex and judgment that a girl was altogether excluded
by the ancients from conducting suits in court and from
giving testimony and from all matters pertaining to courts,
the consent of the girl shall be of no advantage to him, as
it would have been under the ancient law,$ but rather the
girl herself shall be held liable as a participant in the crime.
I. Since the watchfulness of parents is often frustrated by
the stories and wicked persuasions of nurses, punishment
shall threaten first such nurses whose care is proved to have
been detestable and their discourses4 bribed, and the penalty
shall be that the mouth and throat of those who offered
incitement to evil shall be closed by pouring in molten lead.
2. If willing agreement is discovered in the girl, she shall
be punished with the same severity as her ravisher, since
impunity must not be granted even to those girls who are
ravished against their will, when they could have kept
themselves chaste at home up to the time of marriage and
when, if the doors were broken by the audacity of the
ravisher, the girls could have obtained the aid of neighbors
by their cries and could have defended themselves by all
their efforts. But We impose a lighter penalty on these
girls, and We command that only the right of succession to
their parents shall be denied them.
3. Moreover, if a ravisher who has been convicted beyond
doubt should wish to appeal, he shall not be heard.
4. If any slave should report to the public courts a crime
of rape passed over by connivance or disregarded by a pact,
he shall be granted Latinity, or if he is Latin, he shall be
made a Roman citizen.5 If the parents, whom the punishment of the crime concerns especially, should show forbearance and suppress their grief, they shall be punished
by deportation. 5. We command that participants and assistants in the crime of rape shall be subjected to the same
punishment without any distinction of sex; and if any person apprehended in such service should be of servile condition, We order such person to be burned without any distinction of sex.
Given on the kalends of April at Aquileia in the year of the sixth
consulship of Constantine Augustus and the consulship of Constantius Caesar.-April I, 320; 326.
INTERPRETATION: If any man
should not previously arrange with the parents of a girl that he may join her to
himself in marriage and if he should ravish her, either
without or with her consent, they shall be punished alike
even if the girl gives consent to her ravisher. If any retainers 6 or the household slaves or perhaps the nurses of
the girl should have given advice to promote the rape or
should have afforded opportunity for raping, they shall
receive molten lead in the mouth and throat, so that that
part of the body may be deservedly closed from which incitement to crime is known to have been afforded. The right
of succession to their parents shall be denied those girls
who are ravished against their will if they do not shout
3 Or:
According to the ancient law, the consent of the girl shall

be of no advantage to him.
4 discursus, errands, messages, discourses.
5 The right of Latinity involved certain disabilities, which were
removed by the acquisition of full Roman citizenship.
6 amici.
9-24,3
aloud about their ravisher, that they may be given assistance

by their neighbors and kinsmen and rescued.
A person convicted of rape shall not be permitted to appeal, but he shall be punished immediately by the judge in
the very beginning of the investigation.7 But if perhaps the
ravisher should make an agreement with the parents of the
girl and if the right to revenge of the parents for the crime
of rape should be passed over in silence and if a slave
should report this fact, he shall receive the freedom of a
Latin; if he is a Latin, he shall be made a Roman citizen.
Parents who come to an agreement with the ravisher in
such a matter shall be condemned to exile. Those persons
who furnish assistance to a ravisher, whether they be men
or women, shall be consumed by fire.
Emperor Constantius Augustus to Tatianus.9
Although the authority of a previous lawo exists in
which Our glorious father had ordered that vengeance be
taken very harshly against ravishers, We, however, have
established only capital punishment," in order, of course,
that any delay in punishing the crime may not arise under
the pretext of a too severe decision. But the full measure of
the laws must be employed against the audacity of slaves
with a different kind of punishment, that is, that they shall
be subjected to burning by fire, unless they are restrained
from such great crime at least by the severity of the penalties.
2.8
Given on the second day before the ides of November in the year
of the consulship of Limenius and Catullinus.-November 12, 349.
to Maximinus, Praetorian Prefect.

If any person should wish to make the charge that a
marriage has been contracted by the crime of rape, whether
he is moved by the disgrace of his own family or by the
common hatred of crime, he shall prosecute this notorious
audacity immediately in the very beginning while the crime
is fresh. But if, by any chance, any person should delay
making the accusation or criminal charge and the atrocious
offense cannot be immediately suppressed, We grant opportunity for the prosecution of the crime for a period of
five years from the day of its commission. When this time
has elapsed without fear of suit and without completion of
the accusation, no person thereafter shall have the opportunity to adduce proofs or to dispute the legitimacy of
either the marriage or the offspring.
Given on the eighteenth day before the kalends of December in
the year of the third consulship of Gratian Augustus and the consulship of Equitius.-November 14, 374.
INTERPRETATION: If any person should defer the accusation of rape, either through fear or by his own wish, for
a period of five years, when five years from the day of the
rape have elapsed, he shall no longer have the power to
accuse, but after five years no opposition may be brought
against ravishers in regard to such a union, and all the
children shall be considered legitimate.
7 Of his attempt to appeal.
Edict Theod. 61.

9 Of unknown official position. G. conjectures Titianus, Praetorian
Prefect for 349.
8
9, 24, I.
11 capitalis poena might mean either death or loss of citizenship.
12 Brev. 9, 19, 2; Burg. Rom. 9, 24, 3; Edict Theod.
20.
1o
E 245 :
Rape or Marriage of Holy Maidens and Widows
9-25-1
TITLE 25: THE RAPE OR MARRIAGE OF

HOLY MAIDENS AND WIDOWS' (DE RAPTU
VEL MATRIMONIO SANCTIMONIALIUM VIRGINUM VEL VIDUARUM)
I.2 Emperor Constantius Augustus to Orfitus.
Ravishers of both kinds shall be punished with equal
severity: there shall be no distinction between the man who
is discovered to have violated, by the atrocious crime of
rape, the honor of sacrosanct maidens and the one who
violates the chastity of such a widow. Nor shall any man
be able to delude himself by the later consent of the woman
whom he ravished.
Given on the eleventh day before the kalends of September in the
year of the seventh consulship of ConstantiusAugustus and the consulship of Constans Caesar.-August 22, 354.3
INTERPRETATION: If any man should perhaps rape a
maiden or a widow consecrated to God, and if afterwards

they should come to an agreement about the marriage, they
shall be punished equally.
2.4 Emperor Jovian Augustus to Secundus, Praetorian
Prefect.
If any man should dare, I shall not say to rape, but even
to solicit 5 consecrated maidens or widows for the purpose
of matrimonial union, he shall suffer capital punishment.
Given on the eleventh day before the kalends of March at Antioch
in the year of the consulship of Jovian Augustus and of Varronianus.-February20, 364.
[INTERPRETATION:] This law does not require any ex-
position.
(After other matters.) If any ravisher, prodigal of his
own life, should solicit7 a maiden consecrated to God, his
goods shall be confiscated and he shall be punished with
exile by deportation. The right is granted to everyone to
make this accusation without fear of the charge of being
an informer.8 For a person must not be considered an informer9 if his humanity invites him to this course for the
sake of the purity of religion.
Given on the eighth day before the ides of March at Ravenna in
the year of the ninth consulship of Theodosius Augustus and the
third consulship of the Most Noble Constantius.-March (May)
8, 420.
TITLE 26: ON THE JULIAN LAW ON CORRUPT SOLICITATION' (AD LEGEM JULIAM
DE AMBITU)
If any person should corruptly solicit the Illustrious
rank of a dignitary of Our palace or if anyone should attempt to ascend by corrupt solicitation to those honors
which are not conferred except by Our decision on men approved by Us, whatever may be his station, class, or dignity,
I.
19, 24; Brev. 9, 20; CJ 9,
secrated.
2 Brev. 9, 20, 1.
4 Brev. 9, 20, 2; CJ
13.
sanctimonial"-, sanctimonial, con-
8 September
22, M. A misprint?
1, 3, 5; Burg. Rom. 9, 4.
7ambire.
6 Sirm. 10.
5 attemptare.
8 delator. Delation was ordinarily considered a criminal act, io, 10.
9 proditor.
his goods shall be forfeited and vindicated at once to Our

fisc, and he shall be punished by the exile of deportation.
No person shall think that there is any difference between
an attempted and an effectuated act of corrupt solicitation,
since the laws punish by the same penalty both the crime
and the intention to commit the crime.
Given on the fourteenth day before the kalends of March at Constantinople in the year of the consulship of Caesarius and A tticus.February I6, 397.
The same Augustuses to Pompeianus, Proconsul of

Africa.
No person at all shall dare to seek a second time the
position of chief of office staff and other positions on an
office staff, since it suffices for public discipline that such
offices be held only once. If anyone who has been promoted
should steal again into such an office which he is proved to
have held before, he shall be subjected to the most severe
punishment and receive the penalty of deportation. The
primates of an office staff, whose interest it is to resist those
persons who attempt to obtain office by corrupt solicitation,
shall not doubt that this punishment has been established.
2.2
Given on the day before the kalends of June8 at Milan in the year
of the consulship of Stilicho and Aurelianus.-May(?) 31, 400.
3-2 The same Augustuses and Theodosius Augustus to

Strategius, Vicar of Africa.
Offices already held once are not sought again without
the disadvantage of rending asunder the public interest.
Wherefore, by the authority of this regulation We decree
that no person shall be admitted a second time to the same
offices by surreptitious supplications to the Emperor, but
appointments which have been impetrated in this manner
shall be annulled. Such petitioners shall be compelled first
of all to pay whatever they owe,4 and in the future those
persons who violate this law shall receive the penalty of
deportation.
Given on the third day before the kalends of lune at Ravenna in
the year of the first consulship of Theodosius Augustus and the
consulship of Rumoridus.-May 30, 403.
4. Emperors Honorius and Theodosius Augustuses to Palladius, Praetorian Prefect.

If, contrary to Our decree, any person should attempt to
hold a second time the proconsular power, the power of a
vicar, the fasces of a consular, the banners of a governor,5
the position of count in charge of investigations,6 or the
office of chief of office staff, We decree that all his patrimony shall be adjoined to the fisC. 2
Given on the ides of March at Ravenna in the year of the seventh
consulship of Our Lord Theodosius Augustus and the consulship of
the Most Noble Palladius.-March15, 416.
TITLE 27: ON THE JULIAN LAW ON EXTORTION BY PUBLIC OFFICIALS' (AD LEGEM
JULIAM REPETUNDARUM)
I.2 Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Neoterius, Praetorian Prefect.

Judges who have been convicted of having polluted themCJ 9, 26, I. Entrenched officeholders could evade the laws.
3 July according to CJ. Cf. I, 12, 8.
4 By virtue of their administration. Cf. Min. Sen., n. 25.
5 praeses.
6 The investigation of tax accounts.
2
1 3, 1, 9, n. 24; Brev. 9, 21; CJ 9, 27.

2 BreV. 9, 21, I; CJ 12, I, 12.
12, 29, n. I; CJ 9, 26.
E 246 ]
9-28-1
The Crime of Peculation

selves with thefts and other crimes shall be deprived of the
insignia which had been conferred upon them by imperial
letters patent, they shall be stripped of high rank and shall
be rated among the people of lowest degree and plebeians.
Nor shall they flatter themselves thereafter with that honor
of which they have judged themselves unworthy.
Thessalonica in the year of the fifth consulship of Gratian Augustu's
and the first consulship of Theodosius Augustus.-January 15, 380.
[INTERPRETATION:]
This law is so clear that it does not
need any exposition.

2.' The same Augustuses to Eutropius, Praetorian Prefect.
Those persons who have criminally conducted themselves
in the service of the State shall know that all dignities,
whether statutory" or honorary, are forever closed to them.
Wherefore, We order that Your Illustrious Magnificence
shall permit no person at all to enter the provinces' who at
a former time has been accused on a charge of the crime of
maladministration, but you shall refer their cases to Us.
Given on the fifteenth day before the kalends of July at Thessalonica in the year of the fifth consulship of Gratian Augustus and the
first consulship of Theodosius Augustus.-June 17, 380.
3. The same Augustuses to Matronianus, Duke and Gov-
ernor 7 of Sardinia."
In order that the punishment of one person may cause
fear in many, We order Natalis, the former duke, to go,
under custody of members of the imperial bodyguard, to
the province which he despoiled, that he may repay fourfold, even though unwillingly, not only that which-I shall
not say-his confidential adviser9 and his soldiery and his
personal aide 0 received, but also that which he himself
seized and carried away from Our provincials.
year of the consulship of Antonius and Syagrius.-June 12, 382.
4.11 The same Augustuses to Florus, Praetorian Prefect.
Judges shall know that the penalty for their own misdeeds must be exacted either from them or from their heirs.
Given on the tenth day before the kalends of September in the
year of the consulship of Antonius and Syagrius.-August 23, 382.
INTERPRETATION:
All judges shall know that whatever
they have wrongfully seized must be restored by their

heirs, if they themselves should not return it.
5 12 The same Augustuses to Our very Dear Friend Marcellinus, Greetings.
All trial judges and judges ordinary7 shall keep their
hands off money and patrimonies, nor shall they consider
another man's litigation as their prey. For a judge of private litigations who is at the same time a vendor1 3 shall be
compelled to undergo the same loss of status and life as
that which customarily involves those guilty of peculation.
Given on the day before the nones of April at Milan in the year
of the second consulship of Merobaudes and the consulship of
Saturninus.-April 4, 383.
8 Edict Theod. 3.
4 legitimae, as regularly prescribed by statute and attained by
actual service, as distinguished from dignities bestowed by special
dispensation of the Emperors as marks of honor.
5As an administrator.
6 CJ 9, 27, I.
7 Praeses, the judge ordinary of the province.
8 (I) sauria according to Seeck.
9 domesticus, domestic adviser, private secretary.
10 minister.
11 Brev. 9, 21, 2; CJ 9, 27, 2.
12 CJ 9, 27, 3. The official position of Marcellinus is unknown.
13 mercator, buyer and seller; trafficker in judicial decisions.
6.14 The same Augustuses and Arcadius Augustus: An

Edict to the Provincials.
We order, We urge, that if perchance any dignitary, decurion, landholder, or finally, even a colonus, or a person
of any class whatever has suffered extortion in any manner
at the hands of a judge, if any person knows that a judicial
decision' has been venal, if anyone knows that a penalty
has been remitted for a price or inflicted through depraved
cupidity, finally, if anyone can prove that a judge has been
unjust in any kind of case, either during his administration
or after he has laid down his administration, let such a
provincial come before the public officials, let him report
the crime, let him prove his accusation, and when he proves
his charge, he shall obtain both victory and glory.
Given on the tenth day before the kalends of July at Constantinople in the year of the consulship of Emperor Designate Honorius
and of Evodius.-June 22, 386.
7.11 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Severinus, Count of the Privy Purse.17
If any imperial procurator, provost of an imperial weaving establishment, registrar, tax receiver, or anyone else
should remember that he has suffered extortion at the
hands of a count of the estates of Our household,18 when
the person to whom the sufferer has paid the extorted
money goes out of office, the accuser shall hasten within
the space of a year to the court of Your Respectability to
reclaim whatever he has paid, that whatever the count restores to him may be credited to his payments.' 9 But if,
after the time of the retirement of the count from his administration, the period of time prescribed should elapse,
no word of legal complaint shall arise; but We order that
the procurators, provosts, coloni, registrars, and tax receivers themselves shall be held obligated for payment.
Given on the day before the nones of June at Milan in the year of
the fourth consulship of Valentinian Augustus and the consulship
of Neoterius.-June 4, 390.
TITLE 28: THE CRIME OF PECULATION'

(DE CRIMINE PECULATUS)
Formerly it had been established that those judges who
had shattered their provinces by peculation should be liable
to the payment of a fine. But since this penalty is not adequate for the crime or the punishment equal to the offense,
it is Our pleasure that the sentence of punishment shall be
so severe that, although punishment can scarcely be found
equal to these disgraceful crimes and so great evil cannot
be expiated by suitable tortures, We command that this
shall be a capital offense and that it shall be restrained by
the most severe punishment.
Given on the fourth day before the ides of September at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-September 1o, 392.
14
16
17
CJ
9, 27, 4
CJ
9, 27, 5.
15 de jure sententia, n.
Count of the Sacred Imperial Largesses, 1, 10, 4.

1s Comes domorum.
19Due from the accuser as rental or taxes.
12, 29, n.
I;
CJ 9, 28.
2 CJ 9, 28, 1.
E 247
13.
9-28-2
The Crime of Peculation
2.' Emperors Honorius and Theodosius Augustuses to

Aurelianus, Praetorian Prefect for the second time.
It is not a work of sanctity4 to offer protection for rapine and plunder, since indeed these crimes, like the contagion of some deadly disease, must be avoided. For to rob
and to keep spoils for a robber are not dissimilar crimes.
Given on the third day before the nones of March at Constantinople in the year of the tenth consulship of Honorius Augustus and
the sixth consulship of Theodosius Augustus.-March 5, 415.
TITLE 29: HARBORERS OF BRIGANDS AND

OF PERSONS GUILTY OF OTHER CRIMES'
(DE HIS QUI LATRONES VEL ALIIS CRIMINIBUS REOS OCCULTAVERINT)
I.2 Emperors Valentinian, Valens, and Gratian Augustuses
to Simplicius, Vicar.
If a person, by harboring accused persons, associates
himself with the persons who are accused of crimes in
which he did not participate, he shall expect the same punishment as the accused.
Posted at Rome on the tenth day before the kalends of April in
the year of the third consulship of Gratian,Augustus and the consulship of the Most Noble Equitius.-March23, 374.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Flavianus, Praetorian Prefect.

(After other matters.) If any person should knowingly
harbor brigands or neglect to deliver them to the courts,
either corporal punishment shall be inflicted upon him or
the forfeiture of his property, according to the rank of the
person and at the discretion of the judge. But if an overseer or procurator 4 should harbor a brigand without the
knowledge of his master and neglect to deliver him to the
judge, he shall be consumed by avenging flames.
2.1
Given on the third day before the kalends of March in the year of
the second consulship of Merobaudes and the consulship of Saturninus.5-February 27, 383; 391.
person should knowingly harbor a brigand in his home or should desire to conceal him
or by any chance should neglect to deliver him to the judge,
he shall be cudgeled, if he is a freeborn person of the
lower classes; but if he is a person of higher rank, a fine
shall be inflicted upon him according to the discretion of
the judge. If an overseer or a procurator%should commit
this offense without the knowledge of his master, he shall
be consumed by fire.
TITLE 30: THOSE PERSONS TO WHOM THE
USE OF HORSES IS CONCEDED OR DENIED
(QUIBUS EQUORUM USUS CONCESSUS EST
AUT DENEGATUS)
I. Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.
We sanction that, with the exception of Senators and
dignitaries, and also administrators of provinces, veterans,
likewise, who have performed imperial service under arms,
and decurions, all other persons shall be excluded from the
privilege of possessing horses or mares throughout PiceSCJ 9, 12, 9.
4 Or: It is not the duty of Your Sanctity, M.

12 Brev. 9,
9,
22;
CJ 9, 39. rei, accused, guilty persons, criminals.

3
Brev.
9,
22,;
5 7, 18, 8, n. 40.
Usually of servile status.
248
CJ 9, 39, 1
num and Flaminia, and likewise throughout Apulia and

Calabria, Bruttium and Lucania, and Samnium. Those persons, indeed, who do not turn their minds from such
usurpation shall be held liable to the punishment of cattle
thieves.'
Given on the day before the kalends of October at Altinum in the
year of the consulship of the sainted Jovian and of Varronianus.September 30, 364.
The same Augustuses to Bulephorus, Governor' of

Campania.
(After other matters.) In order that all efforts of brigands may cease because of lack of resources, We deny the
right to possess a herd of horses to the shepherds of the
estates of Our privy purse, that is, to the herders of woolbearing sheep and of cattle,3 also to the procurators and
overseers of Senators, under this threat, of course, that
those who attempt to violate the statutes of Our Clemency
shall be compelled to undergo the punishments of cattle
thieves.'
2.
Given on the third day before the nones of October at Altinum in

-October 5, 364.
3. The same Augustuses to Rufinus, Praetorian4 Prefect.

Since We desire that the urbicarian districts shall be
free in every way from all crime and the constant plundering of cattle thieves,' Our intention provided that in such
districts only those persons were permitted to ride horseback whose position and rank freed them from suspicion
of such crime. But afterwards We sanctioned that swine
collectors might use horses but that they should know that
if any crime should be committed in these regions, it would
be at their peril. Now because We have observed that
swine collectors who are engaged in their own duties ought
to be exempt from such an obligation, Your Excellency
shall know that the right to ride horses is so granted to
them that they shall be held bound by no fear of the previous sanction, especially in those regions which are not
notorious either for cattle thieving' or for other crimes.
Given on the eleventh day before the kalends of July at Milan in
the year of the consulship of Valentinian and Valens Augustuses.June 21, 365.
6
4. The same Augustuses to Valentinus, Governor of Picenum.
The palatines shall have the right to use horses throughout Picenum for the necessities of their journeys.

Milan in the year of the consulship of Valentinian and Valens Augustuses.-December (May) 16, 365.1
5. Emperors Arcadius and Honorius Augustuses to Benignus, Vicar of the City of Rome.
We forbid the shepherds of the Province of Valeria or
of Picenum to use equine animals. Moreover, if they should
I
abactores, herd thieves, thieves that take more than three ani-
mals at one time.

2 Consularis.
8 pecudes, cattle, used in the broad sense of domesticated farm
animals.
4 9, I, 13. The same as the suburban or suburbicarian districts,
the provinces of southern and central Italy as far north as the

Rivers Magra (Macra) and Rubicon.
5 The exact date is uncertain, on account of the uncertainty of the
dates of the prefectures of Mamertinus and Rufinus, M.
6 Consularis.
7 Valentinian, the author of this constitution, was not at Milan
in December, 365.
Defamatory Writings
9.34*3
vindicate to themselves the use of forbidden animals, the

penalty of exile by relegation shall restrain the accomplices
of such usurpation, whether they are owners of estates or
procurators.
If any person, in opposition to the most manifest imperial

command,' should attempt to take the plebeians under his
protection and perhaps to defend them against public order,
he shall sustain an extremely heavy fine.

consulship of the Most Noble Theodorus.-December 1, 399.
Given on the thirteenth day before the kalends of January at Constantinople in the year of the consulship of Richomer and Clearchus.
-December 20, 384.
TITLE 31: CHILDREN SHALL NOT BE GIVEN

TO HERDSMEN TO BE REARED (NE PASTORIBUS DENTUR FILII NUTRIENDI)
I. Emperors Honorius and Theodosius Augustuses to

(After other matters.) No decurion, plebeian, or landholder shall commit his children to herdsmen to be reared.
But We do not forbid that such children shall be given to
other rural persons to be reared, as is customarily done.'
If, indeed, after the publication of this law, any person
should give his children to herdsmen to be reared, it will
appear that he acknowledges that he is an associate of
brigands.
TITLE 32: THE LEVEES OF THE NILE SHALL

NOT BE DAMAGED (DE NILI AGGERIBUS
NON CORRUMPENDIS)
I.2 Emperors Honorius and Theodosius Augustuses to
Henceforth, if any person throughout Egypt, acting contrary to law and the custom of antiquity, should wrongfully divert' from their proper and ancient uses any streams
within twelve cubits' of the River Nile, he shall be consumed by flames at that place at which he has assailed reverence for antiquity and almost the security of the Empire
itself.' His accomplices and confederates shall be punished by deportation to the Oasis,' and never shall the
right be granted them either of supplicating the Emperor
or of recovering their citizenship, rank or property.
Given on the tenth day before the kalends of October at Constantinople in the year of the eighth consulship of Honorius Augustus and
the third consulship of Theodosius Augustus.-September 22, 409.
TITLE 33: THOSE PERSONS WHO DARE TO

ASSEMBLE PLEBEIANS IN VIOLATION OF
PUBLIC DISCIPLINE' (DE HIS QUI PLEBEM
AUDENT CONTRA PUBLICAM COLLIGERE
DISCIPLINAM)
Emperors Gratian, Valentinian, and Theodosius Augustuses to Florentius, Augustal Prefect.
1.2
1 Such baby farms cast an interesting sidelight on the conditions

and customs of the times.
1CJ 9, 38.
2CJ
INTERPRETATION: If any person should arouse the populace to sedition, he shall be subject to extremely heavy fines.
TITLE 34: DEFAMATORY

FAMOSIS LIBELLIS)
WRITINGS'
(DE
1.2 Emperor Constantine Augustus to Verinus, Vicar of

Africa.
If at any time defamatory writings should be found,
those persons about whose deeds or names they contain
anything shall suffer no calumny therefrom, but rather, the
author of the writing shall be sought, and when he is found,
he shall be compelled with all severity to prove those statements which he believed should be made public. He shall
not, however, be released from punishment, even if he
should prove anything.
Posted on the fourth day before the kalends of April at Carthage

consulship of Licinius Caesar.-March29, 319INTERPRETATION: If any person should write a defamatory paper for the injury and disgrace of someone, should
post it in a secret place or in a public one, or should throw
it out to be found, he shall not harm the person against
whom the writing was published, nor shall he detract from
his reputation in any way. But if the person who has composed such a writing can be found, he shall be constrained
to prove what he has written. Even if he can prove what
he has written, he shall be cudgeled because he preferred
to defame rather than to make a formal accusation.
The same Augustus to Aelianus, Proconsul of Africa.

Although there are kept in your office and in that of the
vicar copies of defamatory writings which were presented
in Africa, still you shall allow those persons whose names
they contain to enjoy full security and freedom from fear;
you shall admonish them only that they hasten to be far
removed, not only from every crime, but also from any
apparent suspicion of crime. For a person who has the confidence to make accusations must prove his charges and not
conceal what he knows, since he will thus be worthy of
commendation and will deservedly attain public praise.
2.
Posted on the fifth day before the kalends of March at Carthage

in the year of the sixth consulship of Constantine3 Augustus and
the consulship of Constantine Caesar.-February25, 320-326; 313;
3,5.4
3. The same Augustus to Januarinus, Holding Office as

Vicar of the Prefect.
Just as indulgence must be granted to accusers if they
wish to prosecute any person in court, so no credence must
9,38, 1.
3 usurpare, wrongfully appropriate.

4 Or: before the Nile has risen to a height of twelve cubits.
5 Egypt was the greatest single source for the food supply of the
Empire and especially of Rome.
6 deportatio Oasena.
1 Brev. 9, 23; CJ 9, 30. This law is usually interpreted as a general prohibition of sedition and riots. It was thus understood by the
author of the Interpretation and by the compilers of CJ. It is more
probably directed against powerful persons that furnished patronage

by taking oppressed taxpayers under their protection. Cf. II, 24;
Nov. Th. 15, 2; CJ I, 37, 1.
2 Brev. 9, 23, I; CJ 9, 30, 1.
3 jussio, probably an indictio or tax levy, G.
1 Brev. 9, 24; CJ 9, 36.
2 Brev. 9, 24, 1.
3 Constantius Caesar according to the manuscript V.
4 Cf. I, 12,1; 11, 36, 3; I, 12, 3.
[ 249 ]
Defamat ory Writings
9'34-3
be given to defamatory writings, nor must such writings be

referred to Our Wisdom, since it is best that the aforesaid
defamatory writings, for which no authors are named,
should be destroyed at once by fire.
Posted on the day before the nones of December at Rome in the
year of the sixth consulship of Constantine Augustus and the consulship of Constantine Caesar.-Decenber 4, 320.
4. The same Augustus to Dionysius.5

A document of defamatory writing which lacks the
name of the accuser must not be investigated at all but
must be destroyed completely. For if a person has confidence in the prosecution of his accusation, he must call
into court the life of another by an open charge rather than
by an insidious and secret writing.
Posted at Tyre on the twelfth day before the kalends of November in the year of the consulship of Januarinus and Justus.-October
21,
328.
5. Emperor Constantius Augustus to the Africans.

Our glorious father provided6 that writings which are
called defamatory shall be destroyed, if possible. He ordered
also that such writings shall not be admitted to his own
cognizance or to public cognizance. Therefore, neither the
life nor the rank of any person shall be shattered and
shaken by such devices, for We decree that all such defamatory writings shall be burned.
Given on the fourteenth day before the kalends of July in the
year of the consulship of Ursus and Polemius.-June i8, 338.
6. The same Augustus to the People.

No person certainly shall suffer calumny from defamatory writings which have no place either Defore Me or in
the courts. For a person is considered innocent who lacks
an accuser, although he may not lack an enemy.
Given on the day before the kalends of November at Milan in the
year of the consulship of Arbitio and Lollianus.-October 31, 355.
77. Emperors Valentinian and Valens Augustuses, on the
Edict.
The name of defamatory writings is infamous, and if
any person should suppose that they should be collected or
read and should not immediately consume such papers with
fire, he shall know that he will be subject to a capital sentence. Certainly if any person has concern for his own duty
and the public safety, he shall declare his own name, and
he shall proclaim from his own lips those things which he
supposed should be prosecuted through a defamatory document. Thus he shall approach the courts free from any
fear, knowing that if his assertions are supported by proof
of their truth, he will obtain great praise and reward from
Our Clemency.
Given on the fourteenth day before the kalends of March at Constantinople in the year of the consulship of Valentinian and Valens
Augustuses.-February 16 (7), 365; 368; 370; 373.
8. The same Augustuses to Count" Florianus.

Very strong protection against calumny has previously
been provided. No person, therefore, shall fear calumny.
Indeed, an attestation which assails the head 9 of another
person contrary to the order of law shall be suppressed by
5His official position is unknown.
6
Given on the fifth day before the ides of November at Marcianopolis in the year of the consulship of Valentinian and Valens
Augustuses.-November 9, 368.
9.10

If any person should unwittingly come upon a defamatory writing, either at home or in a public place or in any
place whatsoever, he shall tear it to pieces before another
finds it; he shall tell no person what he has found. Finally,
if he is so curious as to read it, he shall report to no one
what he learned in reading it. For if any person should report what he has found, he shall certainly himself be held
guilty by law," unless he should betray the author, and he
shall not escape the punishment that is established for such
crimes, if he should be shown to have reported to anyone
what he has read.
Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-January 19, 386.
INTERPRETATION: If any person should see and read a
defamatory writing that is displayed in public for the injury or defamation of any person and should not immediately tear it to pieces, but perhaps should report to someone what he has read in it, he himself shall be held, just as
the author of this crime.
io. Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Praetorian Prefect and Patrician.
All those persons who by means of defamatory writings
hurl against their enemies some poisonous weapon, so to
speak, and those who do not tear in pieces immediately or
burn in flames writings whose slanderous contents they
learned by shameless reading, or those who do not betray
the reader if they know him, shall dread the avenging
sword upon their own necks.
Given -on the fourth day before the kalends of May at Constantinople in the year of the sixth consulship of Arcadius Augustus and
the consulship of Probus.-April 28, 406.
TITLE 35: JUDICIAL EXAMINATION UNDER

TORTURE' (DE QUAESTIONIBUS)
to Olybrius, Prefect of the City.
No person whatever, without the consultation and knowledge of the Emperor, shall be stripped either of his position in the imperial service or of the defense of his birth
and high rank, for the purpose of compelling him to submit to torture with cords,' except in case of high treason,
in which there is only one and the same status for all.
Those persons also shall be subjected to judicial examinations under torture, without the restriction requiring a
reference of the case to the Emperor, if by clear proofs
they are shown to have forged Our imperial subscriptions.4
In this case, it is Our will that not even the assumption of
the name of palatine shall exempt anyone from such judicial examination under torture.
Given on the eighth day before the ides of July in the year of the
consulship of Emperor Designate Valentinian and of Victor.-July
8, 369.
10 Brev. 9, 24, 2; CJ 9, 36, 2. 9, 34, 7 follows this constitution.
9, 34, 4.
' CJ 9, 36, 2. 9, 34, 9 precedes this constitution.

8 Count of the Privy Purse.
9 caput, head, life, status.
C 250
Our laws and become void. The madness of defamatory

writings shall perish, as We have often decreed. (Etc.)
11
Or: by this law, M.
I Brev. 9, 25; CJ 9, 41.

3 fidiculae.
2 CJ 9, 8, 4.
4 subscriptiones, signatures.
Termination of Criminal Actions within a Year
9-36-2
2.5 The same Augustuses to Antonius, Praetorian Prefect

of Gaul.
It is Our will that decurions shall be altogether exempt
from punishments inflicted by cords8 and other instruments of torture, whether on account of another's debt'
or their own. Indeed, it shall be a capital offense on the
part of a judge if he should attempt such punishment in
contempt and nullification of this order. So bloody a condition awaits those of the order of the municipal senate
only if they are guilty of high treason or if they are accomplices or principals in unspeakable practices.7 It is Our
will that decurions who are debtors" and those who are
called tax gatherers9 or tax receivers, from the highest to
the lowest rank, shall be exempt from such punishments.
Severity has many means which it may take to confirm the
discipline of public office, so that it may abstain from such
bloody ones.
I. On the other hand, from beatings with leaden scourges,
which We do not approve when inflicted upon the bodies of
freeborn persons, We do not exempt all the aforesaid order,
but We relieve only the decemprimi decurions of the order
from the cruelty of such blows, and in the case of the rest,
moderation in the use of this punishment shall be exercised by the judge.10
6.18 Emperors Arcadius and Honorius Augustuses to Messala, Praetorian Prefect.

Be it known that the indignation of trial judges, turning
aside from the path of justice, and the venal terror caused
by exactors of punishment shall not be permitted to inflict corporal injuries upon persons who are safe by the
Given on the fifteenth day before the kalends of October at Trier

in the year of the fifth consulship of Valens Augustus and the consulship of Valentinian Augustus.-September 17, 376.
Given on the fifth day before the kalends of May at Constantinople in the year of the consulship of Bassus and Philippus.April 27 (February 26), 408.
3." Emperors Valens, Gratian, and Valentinian Augustuses to Gracchus, Prefect of the City.
We exempt the Senatorial rank from harsh examination
by torture.
Given on the day before the nones of January at Trier in the
year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-lanuary 4, 377.
gustuses to Albucianus, Vicar of Macedonia.

During the forty days which anticipate the Paschal season by the auspicious beginning of ceremonies, all investigation of criminal cases through torture shall be prohibited.
Given on the sixth day before the kalends of April at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-March 27, 380.
INTERPRETATION:
During the days of Quadragesima, in
reverence for religion, all criminal actions shall be in

abeyance.
5. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
On the consecrated days of the Quadragesima, during
which time the absolution of souls is awaited, there shall
be no corporal punishment.
Given on the eighth day before the ides of September at Forum
Flaminii in the year of the consulship of Timasius and Promotus.September 6, 389.
5 CJ 9, 41, 16. Emperors Valens, Gratian, and Valentinian Augustuses.

6debitum, a debt to the State, as often. Cf. 12, I, 8o.
7nefanda dictu, a poetic phrase, apparently refers to the practice
of magic.
8To the State, especially for taxes.
9 allecti, I, 15, 6, n. 17.
30 commonens, the judge, the one who admonishes. Or: rest, We

admonish (commonentes) that moderation, M.
11 CJ 12, 1, 10.
12 Brev. 9, 25, I;
CJ
3, 12, 5.
authority of innocence or protected by the rank of chief

decurions.14 Their devotion, commended by the testimony
of many public services, shall have this reward for its
labor. (Etc.)
Given on the twelfth's day before the kalends of September in the
year of the consulship of the Most Noble Theodorus.-August 21,
399.

The judges of the provinces shall be admonished that in
the examination under torture of the Isaurian brigands,
the betrayal of the wicked plans of the brigands shall not
be deferred, although such betrayal must be sought through
the torture of the brigands. They shall not suppose that
any day of the Quadragesima or the holy day of Easter
shall be excepted, since pardon of the Highest Divinity is
very easily hoped for in regard to such action, by which
the safety and welfare of many are obtained.
TITLE 36: CRIMINAL ACTIONS SHALL BE

TERMINATED WITHIN A YEAR (UT INTRA
ANNUM CRIMINALIS QUAESTIO TERMINETUR)
1.2
gustuses to Desiderius, Vicar.
If any accuser should charge a person as guilty in court

by means of an inscription, and if within the space of a
year he should delay the prosecution of the accusation
which he began, or if he should neglect to be present on
the last day of the year, an act which is more contumacious,
he shall experience the stings of a well-considered law by
suffering the fine of a fourth part of all his goods. The infamy, of course, which the ancient sanctions ordered, shall
await him.
Given on the fourth day before the ides of July at Triers in the
year of the first consulship of Arcadius Augustus and the consulship of Bauto.-July 12, 385.
person, by presenting an inscription, should wish to accuse someone as guilty of a

crime, he shall complete the proposed action within a year
from that day on which he executed the inscription. If he
should delay such action, he shall be made infamous, and
he shall be fined a fourth part of his goods.

(After other matters.) Judges that preside over any
2.4
13 CJ 9, 41, 17. Cf. 9, 3, I, n. 4.

15 Seventeenth, 12, I, 161.
14
principalitas.
16
CJ
3, 12,
8.
1 Brev.
2
9, 26; CJ 9, 44; Burg. Rom. 31, 5.

Brev. 9, 26, I; CJ 9, 44, 1.
s This is either a constitution of Maximus, as Emperor of Gaul,

or some other error is involved, M.
4
Brev. 9, 26, 2; CJ 9, 44, 2.
[ 251 ]
Termination of Criminal Actions within a Year
9-36-2
high office or post of hono r shall know that, although

necessary postponements, if r equested, shall not be denied
to either party, a criminal cas e must be terminated within
the space of a year from the day of the inscription. When
this time has elapsed becaus e the accuser has failed to
prosecute the case, he shall u ndergo the punishment provided for him by law; and if he should be a person of a
lower status, to whom the los s of reputation is not an injury, he shall suffer the pen alty of exile, unless perhaps
within the limits of a year, a nnulment of the case' is requested by the consent of the parties. The diligence of the
judges must be such that, if no reasonable postponement
is asked by the accused or the accuser, they shall press forward the trial of such cases without awaiting the delay of
a year. But if both the accuse r and the accused should wish
the delay of a year to be obs erved, perhaps on account of
documents necessary to the case, the trial judge must be
patient and give assent, and he shall pronounce a more
severe sentence against one or the other of the parties. 6
(Etc.)
Given on the twelfth day befor e the kalends of February at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theod osius Augustus.-January 21, 409.
INTERPRETATION: If a ju dge should begin to hear a
criminal case after the inscri ption has been presented and
if delays should be sought b y the accuser or the accused,
he must grant them within a year from the day of the inscription, but so that such act ion shall be ended within the
time limit of a year. If the a ccuser should delay the proof
of his charge within the year, the accused shall be absolved and the accuser shall receive the penalty contained
in the previous statute. But i f he should be such a person
that infamy does not bring disgrace upon him, he shall be
consigned to exile. If, however, it should be agreed between the accuser and the ac cused in the presence of the
judge that for the preparatio n of the case of each party a
delay of a whole year shoulc be granted, this delay must
not be denied by the judge; and it shall come to pass that
the party who is defeated aft er the delay will be punished
by a much more severe sent ence.
INTERPRETATION: If any person should repent of having

brought a criminal accusation and of having executed an
inscription concerning a charge which he was not able to
prove, and if he should come to an agreement with the innocent accused person, both parties shall be mutually absolved. But if the judge should recognize that the person
accused is guilty and that an agreement for the absolution
of the crime has been made corruptly between the guilty
person and the accuser, the collusive agreement shall be
annulled and the one who is proved guilty shall receive the
penalty established by law.

The accuser who binds himself by the noose of the law'
shall know that he may have no recourse to the refuge of
annulment after the accused has sustained any injury in
consequence of the inscription which has been instituted;
that is, if he has suffered imprisonment or torture or
lashes or chains, unless perchance the person who has
borne such indignities should consider them of little importance and should condone what he has endured, and
unless both the prosecutor and the defendant alike should
agree to accept the annulment. However, before any person may be freed from a criminal trial, he shall be subject
to the following condition, namely, that in the case of
many crimes, annulment must not be granted even if the
parties consent, as in those crimes in which the Imperial
Majesty has been violated or the fatherland attacked or betrayed or peculation has been committed or oaths of the
imperial service have been abandoned, and all those crimes
which are contained in the ancient law. In such cases the
judge must press the accuser to prove what he has charged,
no less than the accused to clear himself of what he denies.
Given on the day before the ides of October at Trier in the year
of the consulship of Emperor Designate Talentinian and of the
Most Noble Victor.-October 14, 369.
[INTERPRETATION:]
This law does not require exposi-
ton.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Praetorian Prefect.
No pretext of law, as though an excuse were derived
therefrom, shall profit false accusers, especially after the
production of the accused in court. Neither public nor private annulment shall protect and aid such persons. Special
indulgence and even a general amnesty shall not rescue
them. All persons shall know and ponder and take precautions beforehand that they must bring into public trial only
that case which is fortified by witnesses, supplied with
documents, and prepared for proof by evidence clearer
than light.
3.6
TITLE 37: ANNULMEN TS' (DE ABOLITIONIBUS)

1.2 Emperor Constantine Au gustus to Januarinus, Prefect
of the City.
If, after the disturbance of an accusation that has arisen,
an annulment 3 should be requ ested, the reason for this new
compassion must be investige ted, in order that, if it is exercised without collusion, th e clemency requested may be
granted. But if any suspicio n should exist that a person
manifestly guilty is being ext ricated from the operation of
the laws by the execution of a dishonorable agreement, the
voice of pity that has been pu rchased shall not be admitted,
but the trial shall be condu cted and proper punishment
shall be inflicted upon the gu ilty defendant.
Given on the sixth day before the kalends of December at Sofia

(Serdica) in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius Caesar.-November 26, 319.
5
abolitio . Cf .
Given on the fifteenth day before the kalends of June at Constantinopie in the year of the consulship of Antonius and Syagrius.May 18, 382.
4.7 Emperors Arcadius and HonoriuS8 Augustuses to Cae-
cilianus, Praetorian Prefect.

We permit that annulment shall be granted, even though
the accused should be unwilling, if it should be requested
Against the loser as a penalty for the additional delay and for
demanding that the trial run as long as possible.
6
1 Annulments of suits. Brev. 9, 27; CJ 9,

2
Brev. 9, 27,
I;
CJ 9,
42, 2.
3 abolitio, an annulment of the suit, n.
252
I.
42.
4 Brev. 9, 27, 2; CJ 9, 42, 3.

5 By means of an inscription. Cf. 9, I, II.
7
6 CJ 9, 46, 9; 4, 19, 25.
Brev. 9, 27, 3; CJ 9, 42, 3.
8 Honorius and Theodosius, since Arcadius had died and had been
succeeded by Theodosius in 408.
Pardons of Crimes
by the accuser within thirty days after the accused has
been delivered into the custody of the public officials.' We
decree that after this time, annulment shall not be granted
unless the accused consents. But if it is established that any
freeborn persons who were summoned and produced at the
request of the accuser as witnesses of the crime have suffered only the injury of custody and if such persons are
said to be witnesses only, not accomplices, their expenses
must be provided by the accuser. But if the bodies of freeborn men, even though they are plebeians, should be injured by blows and afflicted with tortures, We order that
annulment, even when it is sought by the consent of both
parties, shall be denied by the vigorous action of the judge,10
that the crime charged, the investigation of which by torture had already begun, shall be tried, and that the case
shall not be dismissed by the judge until the accused has
been punished, if the charge was proved, or condemnation
has been turned back upon the accuser by a like form of
sentence. (Etc.)
Given on the eighth" day before the kalends of February at Ravenna in the year of the eighth consulship of Honorius Augustus
INTERPRETATION: If the accuser of a crime should seek
an annulment within thirty days, even though the accused
should be unwilling, it shall be granted by the judge and
the accused and accuser shall go free. But thirty days after
the accused has been delivered into custody, unless both the
accused and the accuser should request annulment from
the judge, it must not be granted to the accuser alone. If
witnesses have been produced at the request of the accuser and have been placed in custody and if annulment
should be sought and granted, the accuser shall pay to them
the expenses which they have incurred. But if witnesses
produced by the accuser have undergone punishment, even
though the parties should consent, annulment shall be denied by the judge. Sentence shall be pronounced against the
accused, if he should be convicted, or if the accuser should
fail to convict, sentence shall be pronounced against him
according to law, and he shall receive by sentence of the
judge the penalty which the accused would have suffered.
TITLE 38: PARDONS OF CRIMES' (DE INDULGENTIIS CRIMINUM)

I. Emperor Constantine Augustus to Maximus, Praetorian Prefect. 2
Because of the birth of a child to Crispus and Helena,3
We pardon all criminals except sorcerers, 4 homicides, and
adulterers.
Received on the third day before the kalends of November at
Rome in the year of the consulship of Probianus and Julianus.October 30, 322.
2. Emperor Constantius Augustus to Cerealis, Prefect of
the City.
All the most unhappy circumstances which the time of
the tyrant' could afford shall be abolished entirely. There-
9-38.6
fore, We command that everyone shall be secure except

those guilty of the five crimes which are avenged by capital punishment.
Given on the eighth day before the ides of September at Lyons in
the year of the seventh6 consulship of Constantius Augustus and the
consulship of Constans Caesar.-September 6, 354; 353.

to Viventius, Prefect of the City.7
On account of the Day of Easter, which We celebrate in
the depths of Our hearts, We release from confinement all
those persons who are bound by criminal charges or who
are confined in prison. However, the person guilty of sacrilege against the Imperial Majesty, the person guilty of
crimes against the dead, the sorcerer,4 or magician, the
adulterer, ravisher, or homicide shall be excluded from
participation in that boon.
Given on the third day before the nones of May at Rome in the
year of the consulship of Lupicinus and Jovinus.8-May 5, 367; 369.

The celebration of Easter demands that We pardon persons now tormented by the unhappy expectation of judicial
investigation under torture and the fear of punishment.
However, consideration must be shown for the decrees of
the ancients in order that We may not rashly permit to
escape punishment the crime of homicide, the disgrace of
adultery, the outrage of high treason, the evil of magic,
the treachery of sorcerers,' and the violence of rape.
Read on the eighth day before the ides of June in the year of the
consulship of Valentinian Augustus and the second consulship of
Valens Augustus.-June 6, 368; 370.

A pardon, Conscript Fathers, brands those persons whom
it frees; it does not take away the infamy of crime but
grants remission of punishment as a favor. In the case of
one or two accused persons, this shall be approved. He who
gives pardon to the Senate condemns the Senate.
Given on the fourteenthO day before the kalends of June at Trier
in the year of the second consulship of Gratian Augustus and the
consulship of Probus.-May 19, 371.
6.1" Emperors Gratian, Valentinian, and Theodosius Augustuses to the Most Noble Antidius, Vicar.
The day of Easter joy permits not even those persons1 2

that have committed crimes to be afraid.13 The terrible
prison shall at that time be open to the unaccustomed light.
We decree, however, that any person shall be excluded
from this grant of pardon who in his haughtiness has been
incited against the Imperial Majesty by the nefarious consciousness of his own crimes; or who, seized by a parricidal madness, has stained his hands with the blood of his
own kin; or who is defiled, moreover, by the killing of any
man; or who has invaded the marriage bed or couch of
another; or who has been a ravisher of virginal modesty;
or who, in his blindness, has violated the revered bond of
6 The sixth, on account of the dates of the
prefecture of Cerealis,
M.
10 vigor judicum.
9 officii custodia.
11Some manuscripts have the twelfth day before the kalends.
2 Prefect of the City, M.
1 Brev. 9, 28.
3 Some have doubted this marriage of Crispus, eldest son of Constantine, with Helena, who is otherwise unknown.
4 venefici, poisoners, sorcerers.
5 Apparently Gallus or Magnentius.
' Viventius was Prefect of the City in 364, 367, 371, M.

8Jovianus, ms. V; probably at Reims instead of Rome.
' CJ 9, 43, 3. Apparently some of the Senators had been convicted
of some crime and their colleagues had sought pardon from the
Emperor for them.
10 The twelfth, CJ 9, 43, 3.
11 CJ
I, 4,
3.
12 ingenia, characters, natures.
13 M. unwarrantedly changes the text to gemere, groan.
253
Pardons of Crimes
9-38-6
cognate blood by unholy incest; or who has compounded

poisons for mind and body, poisons sought from noxious
herbs and murmured over with incantations in dread secrecy; or the skilled worker who, by copying the sacred
imperial features and thus assailing the divine countenance,
has sacrilegiously coined their venerable images.
Furthermore, for those persons also who are condemned
for crimes subject to such absolution We restrict the indulgence of Our Serenity by this limit of Our regulation,
namely, that only those crimes shall receive the remission
of pardon which have been committed only once, in order
that the kindness of Our august generosity may not be extended again to those persons who have used their impunity for an old crime, not f or the purpose of reformation,
but for the purpose of habitual criminality.
Read on the twelfth day before the kalends of August at Rome in
the year of the consulship of Syagrius and Eucherius.-July 21, 381.
J. The same Augustuses to Marcianus, Vicar.
Reverence for the annual ceremony of prayer urges that

We order all persons who have been accused and prosecuted for minor crimes to be completely exempted from
the danger of prison and the fear of punishment. Whence
it appears that those persons are excepted who have been
driven by their fierce passions to the more savage crimes.
Among these, the first and greatest is the crime of high
treason, then the crimes of homicide, sorcery,'- and magic, 15
seduction, adultery, and sacrilege, a crime of equal enormity, and violation of tombs, rape, and the coining of counterfeit money.
Given on the eleventh day before the kalends of April at Milan in
the year of the consulship of Richomer and Clearchus.-March22,
384.

No person hereafter shall await proclamations of Our
Eternity which may, perchance, be delayed. Judges shall
carry into effect the pardons which We are accustomed to
grant. As soon as the Day of Easter arrives, no person
shall be confined in prison; all shall be released from their
bonds. But We except those persons by whom We have
observed that the common joys and happiness are contaminated if they are set free. For who could grant a pardon during holy days to a person guilty of sacrilege? In a
time of chastity, who could pardon an adulterer or a person
guilty of incest? In the midst of the greatest peace and the
common joy, who would not prosecute the more vigorously
a ravisher? A person who by some enormity of crime does
not permit the buried dead to rest in peace shall receive no
respite from his bonds. The sorcerer,' magician, and
counterfeiter of money shall suffer tortures; the homicide
shall always expect the death which he has inflicted; the
person guilty of high treason must not hope for pardon
from his Lord against whom he has attempted such a
crime.
Given on the fifth day before the kalends of March at Milan in
the year of the first consulship of Arcadius Augustus and the consulship of the Most Noble Bauto.-February 25, 385.
The person guilty of sacrilege, the

adulterer, the person guilty of incest, the ravisher, the
violator of tombs, the sorcerer,4 the magician, the counterfeiter of money, and the homicide shall by no means be
INTERPRETATION:
14 veneficium,
15
maleficium.
sorcery, poisoning.
16
Brev. 9, 28, I; CJ I, 4, 3.
pardoned during the days of Easter. All the rest whom the
blame for minor crimes constrains shall be specifically
pardoned during the holy days of Easter.
9. Emperors Arcadius and Honorius Augustuses to Caesarius, Praetorian Prefect.
We decree that the former reputation and merit of the
Province of Lycia, most devoted to Us, shall be restored
among the other provinces and that Your Excellent Eminence shall make that fact known to all persons by posting
edicts, in order that no person hereafter shall dare to injure a citizen of Lycia by an abusive name of insult. They
shall hold the honors which they have received by their
merits and labors and those which they shall obtain from
Our Serenity. They shall have their former dignities, and
they shall hope for others to come because of their devotion. For the temporary anger of a most disgraceful and
hostile judge' 7 against one man of Illustrious rank, Tatianus, should not be of such weight that the disgrace
should still remain for the Lycians, when in the case of the
man himself the disgrace has already been extinguished by
the absolution of time.
Given on the day before the kalends of September at Constantinople in the year of the fourth consulship of Arcadius Augustus and
the third consulship of Honorius Augustus.-August 31, 396.

Romulus," Praetorian Prefect.
We set free by this, Our grant of pardon, all persons
guilty of all crimes who have been exiled either by deportation or relegation or sentenced to the mines and who
have been received in various kinds of servitude on islands
or in desolate places, with the exception of those persons
who have been unwilling to go to the place destined for
their punishment, in defiance of the sentence of the judges.
For a person is unworthy of kindness who, after his condemnation, has committed a crime against the law.
the year of the consulship of Stilicho and Aurelianus.19-August
6, 400; 405.
II. Emperors Honorius and Theodosius Augustuses to

Gaiso, Count and Master of the Offices.
(After other matters.) With reference to those persons
who pursued terms of imperial service20 under the usurping tyrant 2 1 and later returned to Our command, it is Our
will that the following rule shall be applied, namely, that
those persons whom loyal repentance recalled amid the
flames kindled by the usurpation of tyranny shall not lose
the rank22 and reward of their imperial service. But those
persons on whom necessity born of desperation has imposed a tardy return shall be stripped of their official cincture and removed from the official registers. Thus an equal
form of deference shall provide also that a person who has
chosen another kind of imperial service shall not be permitted to return to his former service.
17 Rufinus. This incident seems to have occurred in
18 See M.'s note.
19 2, 8, 24.
20
391.
sacramenta, oaths, terms of imperial service. There is a lacuna
in the text, M.
21 Apparently Attalus, the "straw" Emperor set up by Alaric,
though the reference may be to Stilicho, who was murdered by
Honorius, thus paving the way for the capture and sack of Rome
by Alaric in 410.
22 ordo, rank, priority, order on the official list (matricula).
E 254 1
Penalties
Given on the day before the ides of February at Ravenna in the
year of the consulship of Varanes.-February 12, 410; June 12, 413.
12. The same Augustuses to Palladius, Praetorian Prefect.

Since the State has been freed from the outrages of the
tyrant,21 We command that all persons guilty of any crime
shall be set free.
the year of the consulship of the Most Noble Varanes.-August 6,
4 1 0 (f).28
TITLE 39: MALICIOUS ACCUSERS'

LUMNIATORIBUS)
(DE CA-
1.2 Emperors Gratian, Valentinian, and Theodosius Augustuses to Hellebicus, Count and Master of Both Branches
of the Military Service.
There is no reason why the punishment of a manifestly
malicious accuser should be deferred. For We do not permit that accusations shall be repeatedly renewed if they
could not stand at the first action nor that the innocence
and security of another person who is without guilt of
crime shall be terrorized by further suit.'
Given on the third day before the kalends of Januaryat Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-December 30, 383.
INTERPRETATION: The laws under the above title have
interpretation. 4
similar
a
2.6 The same Augustuses to Menander, Vicar of Asia.

Included in Our constitutions and those of Our fathers
is the provision that a person who has presumed to bring
an accusation under the name of another shall be classed as
an informer. Therefore, the penalty of deportation shall
be visited upon his very calumnious head and his person
shall be rendered infamous by the judgment that his accusation" was unfounded. Thus hereafter each and every
one shall know that it is not permitted to disturb the
minds of the Emperors in connection with a matter which
cannot be proved.
Given on the eighth day before the ides of May at Constantinople
consulship of the Most Noble Bauto.-May 8, 385.
[INTERPRETATION:]
terpretation.
This law does not require any in-
Emperors Arcadius and Honorius Augustuses to Victorius, Proconsul of Africa.

We do not permit innocent persons to be ruined by the
attacks of crafty men under the pretext of false criminal
accusations. If any persons should attempt such attacks,
they shall know that the severity of the law will overwhelm
them for the commission of such crimes.
3.7
Given on the third day before the ides of March at Milan in the
year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.-March (May) 13, 398.
Those persons are malicious accusers

who prosecute cases not pertaining to themselves without
INTERPRETATION:
23 The other constitutions issued to Palladius are dated 415-421.

2 Brev. 9, 29, 1.
CJ 9, 46.
8 Or: of another person shall be terrorized without the guilt of
crime (of the accuser). Suits that fail may not be renewed.
4 The interpretation of 9, 39, 3.
5 Brev. 9, 29, 2; CJ 9, 46, 8.
6 delatio, an accusation submitted by an informer.
7 Brev. 9, 29, 3.
1 Brev. 9, 29;
9-40-2
the mandate of others. Those persons are malicious accusers who attempt to renew a case when they have been
defeated in a fair trial. Those persons are malicious accusers who make a demand or bring into court a matter
which does not pertain to them. Those persons are malicious accusers who seek to obtain the property of others
under the name of the fisc and do not permit innocent persons to remain undisturbed. Those persons are malicious
accusers also who presumptuously arouse the minds of the
Emperors to anger by bringing false charges against some
innocent person. All such persons shall be rendered infamous and driven into exile. (Here must be added from
the law" what persons can be malicious accusers.)
TITLE 40: PENALTIES' (DE POENIS)
1.2 Emperor Constantine Augustus to Catullinus.
If any person is about to pronounce sentence, he shall

maintain such moderation that he shall not pronounce a
capital sentence or a severe sentence against any person
until such person has been convicted of the crime of adultery, homicide, or magic, either by his own confession, or at
any rate by the testimony of all witnesses who have been
subjected to torture or to questioning when such testimony
is concordant and in agreement, pointing to the same end
of the matter.8 Thus the accused shall be so detected in the
crime charged that even he himself can scarcely deny the
crime which he committed.
Given on the third day before the nones of November at Trier.November 3, (314; 313). Received on the fifteenth day before the
kalends of May at Hadrumetum in the year of the consulship of

Volusianus and Annianus.-April 17, 315; 314.4
INTERPRETATION: A judge trying a person accused of

crime shall not pronounce a capital sentence until the accused himself either confesses or is convicted by innocent
witnesses or by accomplices of his crime and until he is
proved very manifestly to have committed either homicide
or adultery or magic.
The same Augustus to Eumelius."

If any person should be condemned to the arena or to
the mines, in accordance with the nature of the crime in
which he has been detected, he shall not be branded on his
face, since the penalty of condemnation can be branded by
one and the same mark on his hands and on the calves of
his legs, so that the face, which has been made in the likeness of celestial beauty, may not be disfigured.
2.5
Given on the twelfth day before the kalends of April at Cabillunum in the year of the fourth consulship of Constantine Augustus
and of Licinius.-March 21, 315;T March 31, 316.
* A note by the Interpreters for the benefit of those who use the
Breviary of Alaric.
1 Brev. 9, 30; CJ 9, 47.
2 Brev. 9, 30, I; CJ 9, 47, 16. Catullinus was Governor (Consularis) of Byzacium, G.
8 Reading conspirantium concordantiumque.The text is uncertain
and the translation conjectural.
4 The year seems to be that in which the constitution was given
rather than received; thus the constitution should be assigned to 314
rather than to 313, M.
6
CJ 9, 47, 17.
6 Vicar of Africa in 316, St. Augustine, Contra Cresc.
3, 82;
Brevic. 37; Adv. Donat. post Coll., p. 614.
7 The date cannot be reconciled with the dates of the constitutions
issued to Celsus,
1,
22, I, n. 3.
255
Per alties
9'40'3
3. The same Augustus to Festus, Governor 8 of Sardinia.

If it should appear that any person deserves punishment
for causes not serious, he shall be consigned to the breadmaking establishments in the City of Rome. When Your
Sincerity begins to observe this regulation, all shall know
that if there are any persons who deserve to undergo sentence for less serious reasons of this kind, as We have just
said, they must be consigned to the workhouses or breadmaking establishments and sent to the City of Rome, that
is, to the prefect of the annona, under suitable escort.
Given on the fourth day before the kalends of August in the year
of Licinius.-July 29, 319.
4.9 Emperor Constantius Augustus to the Most Perfect

Theodorus, Governor 8 of Arabia.
While an interval of time before sentence is given to
those accused persons who have been convicted by manifest proof, the opportunity of supplicating the Emperor is
open to the most criminal persons, although punishment of
a person detected in the crime of homicide and in other
very serious cases must not be postponed. Those persons,
therefore,"o who have already impetrated this favor shall
have the benefit thereof. But hereafter the law must be observed according to the nature of the crime, and the sentence of the law must be pronounced against criminal and
guilty persons.
Given on the ides of October in the year of the fourth consulship
of Constantius Augustus and the consulship of Constans Caesar.October 15, 346; 352.'-
5. Emperors Valentinian and Valens Augustuses to Symmachus, Prefect of the City.

Your Excellent Authority shall order that, with due observance of legal equity, persons guilty of lesser crimes
shall be condemned to the breadmaking establishments,
subject, of course, to this regulation, that instructions shall
be given for such criminals to be assigned to the breadmakers always under your supervision, in order that no
venal favors may be available to them while the criminals
are being thus secretly delivered by very corrupt prison
registrars.
Given on the fifthl2 day before the ides of June at Nish in the

If any person should be detected as guilty of a lesser
crime, you must condemn him to labor in the breadmaking
establishments of the City of Rome, with the provision
that the transfer of such criminal to the office of the prefect of the annona shall be made without any evasion.
Given on the third day before the ides of June at Nish in the
year of the consulship of the sainted Jovian and of Varronianus.June '1, 364.

No one of those persons whom the nature of his sentence has consigned to the breadmaking establishments
9 CJ 9, 47,
8 Praeses.
10 Delete therefore, M.
18.
If this constitution was issued in 346 it was written in the fourth

consulship of Constantius Augustus and the third consulship of Constans Augustus; if in 352, it was in the fifth consulship of Constantius Augustus and the consulship of Constans Caesar.
11
12
The sixth, I, 6, 2.
13
Governor (Corrector) of Lucania and Bruttium, 8, 3, i, n. 3.
256
shall be freed by the indulgence bestowed upon other accused persons, unless someone should obtain the right to
bring back a special rescript of Our Serenity.
Given on the eighth day before the ides of October at Altinum in
-October 8, 364.

City.
If a Christian should be convicted of any crime at all,
he shall not be sentenced to the arena. If any judge should
give such a sentence, he himself shall be severely censured
and his office staff shall incur a very heavy fine.
Given on the eighteenth day before the kalends of February in
the year of the consulship of Valentinian and Valens Augustuses.January 15, 365.
9.14 The same Augustuses to Olybrius, Prefect of the City.
No person shall be sentenced for the punishment of a

crime, either to the breadmakers or to any one guild when
he belongs to another; but each one shall receive a sentence
of suitable severity for the crime of which he was convicted.
consulship of Valentinian and Valens Augustuses.-April II, 368;
370.15
o.1" Emperors Valentinian, Valens, and Gratian Augus-
tuses to Praetextatus, Prefect of the City.

As often as punishment of exceeding severity must be
inflicted on a man of the Senatorial order, according to
the nature of his crime, Our judgment must be especially
sought, in order that, after having ascertained the tenor of
the circumstances and of the records, We may be able to
determine the general rule which the nature of the deed
and consideration thereof dictate.
Given on the eighth day before the ides of October at Reims in
the year of the first consulship of Gratian Augustus and the consulship of Dagalaifus.-October8, 366; 367.17
INTERPRETATION: If at any time persons of higher rank
or men of some dignity should be summoned in a criminal

accusation, the judge shall refer to the Lords of the State,
so that the just regulation of the Lords may decide what
must be done about such persons.
I I. The same Augustuses to Viventius, Prefect of the City.
The arena shall receive no person who goes out from the
sanctuary"' of Our Imperial Divinity; no master of gladiators shall teach him; no savage and pugnacious training
shall occupy him, since, indeed, there can be many penalties by which his fault may be punished.
Given on the fifth day before the ides of April in the year of the
consulship of Lupicinus and Jovianus.-April 9, 367; 366.19

to Antonius, Praetorian Prefect.
We designate for the governors2 0 of Campania the general rule of their judicial power, in order that they may not
exceed the due measure of punishment in the district which
1' 4 CJ 9, 47, 19.
16 Brev. 9, 30, 2.
15 1, 31, 2.
17 Since Praetextatus was Prefect of the City after Viventius, the
date must be emended in accordance with 14, 4, 4.
18 sacrarium, the imperial consistory, or possibly the palace, or
both.
19 Jovinus. Viventius was Prefect of the City in 364, 367, 371, M.
20 consulares.
Penalties
is limited by a definite condition,". and outside their own
province, they shall not exercise the right of exile by relegation.
Given on the day before the kalends of December at Trier in the
year of the sixth consulship of Valens Augustus and the second consulship of Valentinian Augustus.-November 30, 378; 377.
gustuses to Flavianus, Praetorian Prefect of Illyricurn and

Italy.
If, contrary to Our custom, We should order that an
exceedingly severe punishment be inflicted upon anyone in
consideration of a particular case, it is Our will that the
criminal shall neither undergo punishment nor receive sentence immediately, but his fate and fortune with reference
to his status shall be held in suspense for thirty days. Of
course, such accused persons shall be placed in custody
and chained and watched vigilantly by skilled guards.
Verona in the year of the consulship of Antonius and Syagrius.August 18, 382; 390.23
If the Emperor, influenced by the

serious accusation of someone, should order any person to
be killed, the orders of the angry Emperor shall not be fulfilled immediately by the judges, but the person who has
been ordered to be punished shall be spared for thirty days
until the imperial piety, friendly to justice, may come to
his aid.
INTERPRETATION:
14.24 Emperors Valentinian, Theodosius, and Arcadius

Augustuses to Principius, Praetorian Prefect.
In order that the extremely depraved and venal perfidy
of the apparitors may no longer rage with impunity against
the public welfare, We decree that it is necessary to proceed against them with due punishment, even in their absence.
Given on the kalends of June in the year of the first consulship of
Arcadius Augustus and the consulship of Bauto.-June25 1, 385.
15. The same Augustuses to Tatianus, Praetorian Prefect.
If any accused person has been convicted of a very great

crime and sentenced, the competent judgment shall be fulfilled, and clever trickery shall not be provided with pretexts of the following sort, namely, the assertion that the
defendant has been snatched away by clerics or the pretense that he has appealed. But if anyone after the decision
should give assent to such license by venal connivance,
he shall sustain penalties not at all light. For proconsuls, counts of the Orient, augustal prefects, and even
vicars shall suffer the stigma of infamy and shall each pay
to the fiscal account thirty pounds of gold; judges ordinary,
moreover, shall be similarly stigmatized and compelled to
pay fifteen pounds of gold each. The office staffs of the
aforesaid persons shall be subjected to the same fine as
their own judges if they have failed in their recommendations, if they have not mentioned the precept of the law,
21 condicio, status, condition, by which their jurisdiction was
limited. The meaning of this passage is obscure and the translation
uncertain.
22 Brev. 9, 30, 3; CJ 9, 47, 20. This constitution is probably to be
connected with the famous massacre ordered by Theodosius at Thessalonica in 390 which occasioned the bitter clash between Theodosius the Roman Emperor and Ambrose the Bishop of Milan.
23 7, 18, 8, n. 40.
24 CJ 9, 47, 21. Cf. 2, 29, n. I.
25 The date of other constitutions issued to Neoterius while Praetorian Prefect would indicate a date after July 26.
9-40-17
if they have not used physical force to prevent the accused person from being taken away, and if they have not
carried into effect and execution the sentence which had
been pronounced.
Given on the third day before the ides of March at Constantinople
consulship of Rufinus.-March 13, 392.

(After other matters.) No clerics or monks nor even
those called synoditae" shall be permitted to vindicate and
hold by force or by any usurpation persons who have been
sentenced to punishment and condemned for the enormity
of their crimes. We do not deny to such clerics, monks, or
synoditae the right to interpose an appeal in a criminal case,
in consideration of humanity, if the legally prescribed time
limits permit, in order that a more careful investigation may
be made in a case where it is supposed that, through the
error or the favoritism of the judge, justice has been suppressed to the prejudice of the safety of a person, provided
that whether a proconsul, a count of the Orient, an augustal prefect, or a vicar was the judge, he shall know that
he must refer the case not so much to Our Clemency as to
the Most August authorities. 28 For it is Our will that their
jurisdiction over such cases shall be complete, so that, if
the matter is of such a nature and the crime so demands,
they may be able to punish the condemned persons more
justly.
I. Also, after the time of appeal has elapsed, no person
shall either hold or defend an accused person when he is
going to the place of punishment under escort; and the
judge shall know that he will be punished by a fine of
thirty pounds of gold and the primates of his office staff by
a capital sentence if such usurpation is not punished immediately. If the audacity of the clerics and monks is so
great that it is thought that the outcome will be a war
rather than a judicial trial, their unlawful action shall be
referred to Our Clemency, so that by Our decision a more
severe penalty may soon result.
2. It shall redound to the discredit of the bishops, of
course, as shall all other such matters, if they should learn
that any of those acts which We prohibit by this law have
been perpetrated by the monks in that part of a district in
which they, the bishops, guide the people by instilling the
doctrine of the Christian religion, and if they should not
punish such violations. From the number of these monks
the bishops shall ordain clerics more suitably when, perchance, they think that they are in need of them. (Etc.)
Given on the sixth day before the kalends of August at Mnyzus in
the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.-July 27, 398.
All the property of Eutropius, who was once grand

chamberlain, We have annexed to the account of Our
treasury; he shall be stripped of his splendor, and his consulship shall be vindicated from the foul stain and from the
memory of his name and from his low meanness. All his
acts shall be annulled, that all ages may be mute about him,
30, 57; 16, 2, 32; CJ 7, 62, 29; 1, 4, 6.
27 Literally "fellow travelers, companions." Cf.
9, 40, 15;
2, n. 2.
26 1, 27, 2; II,
6, 3,
28 amplissimae potestates usually means the praetorian prefects;

occasionally the prefects of the City are included.
[ 257
Penalties
9-40-17
that a blot may not appear on Our age through the recital
21. The same Augustuses to the Dignitaries and Provinof his deeds, and that neither those men who by their
cials of Africa.
courage and their wounds extend the Roman boundaries
We adjudge that Heraclianus is a public enemy, and with
nor those who guard these territories by preserving the
due authorization We decree that he shall be punished and
equity of the law may lament the fact that this vile monster
that his ill-omened head shall be cut off. We pursue his
defiled the divine gift of the consulship by his contagion.
satellites also with like criminal prosecution. But We grant
He shall know that he has been despoiled also of the dignity
permission to all private citizens and members of the imof the patriciate and of all the lesser dignities which he has
perial service that they shall have full power to denounce35
polluted by the perversity of his morals. All his statues, all
all these satellites before the public officials. A person who
his images, in bronze as well as in marble, in pigments, or
brings a criminal before the public officials shall not fear
in whatever material is suitable for portraiture, We order
opprobrium, since We specifically provide that no one shall
to be destroyed in all cities and towns, both in private and
judge that any of the satellites shall be secretly removed or
public places, in order that the stigma of our age, so to
concealed, nor shall anyone deny deposits of their property
speak, may not pollute the sight of those who look at such
which he holds, or refuse to surrender what he has received.
Given on the third day before the nones of July at Ravenna in the
images. And so, in the custody of faithful guards, he shall
be conducted to the island of Cyprus, to which Your Subconsulship of Theodosius Augustus.-July 5, 412; August 3, 413.86
limity shall know that he has been relegated, and, there
surrounded by vigilant guards, he shall not be able to throw
22.3 The same Augustuses to Anthemius, Praetorian Preall things into confusion by the madness of his own designs.
fect.
All persons whose condition of condemnation has desConstantinople in the year of the consulship of the Most Noble
tined them to different types of exile and who are found to
Theodorus.-January (August) 17, 399.29
have spent the period of time prescribed for their exile in
the confinement of a prison, We order to be absolved from
18.30 The same Augustuses to Eutychianus, Praetorian
further punishment, to be released from their chains, to be
Prefect.
freed from custody, and to have no fear of the miseries of
We sanction that there shall be punishment where there
exile afterwards. Let it suffice that they have atoned once
is also guilt. We remove from fear of calumny close kinsfor all through the sufferings of immeasurable tortures,
men, acquaintances, and members of the household who
so that those persons who have been long deprived of the
have not been rendered guilty by participation in crime;
breath
of our common air and the sight of light and who,
for kinship or friendship does not make one guilty of a
confined
within a narrow space, have been burdened with
nefarious crime. Only the authors of crimes, therefore,
the
weight
of chains shall not be compelled to sustain also
shall be held liable, and fear shall advance no further than
the
penalty
of exile.
crime is found. This regulation shall be made known to each
Given
on
the
fourteenth day before the kalends of May in the year
and every judge.
Given on the eighth day before the kalends of August at Constantinople in the year of the consulship of the Most Noble Theodorus.
-July 25, 399.
INTERPRETATION: Punishment shall pursue only the per-
son who committed the crime. Near kinsmen, kinsmen by

marriage, friends,3 ' members of the household, or acquaintances, if they are not accomplices of the crime, shall
not be held guilty. No one of the kinsmen or friends of a
criminal, except the one who has committed a crime, shall
have fear.
32
Donatus, Proconsul of Africa.

The satellites of Gildo3" shall be delivered into custody
and condemned by proscription.
Given on the third day before the ides of November in the year of
the consulship of Bassus and Philippus.-November II, 408.
20. The same Augustuses to Theodorus, Praetorian Pre-
fect.
If any person from the number of those who have been
proscribed should enter the imperial court of Our Serenity
or the walls of the Eternal City, he shall be punished by
deportation.
Given on the tenth day before the kalends of December34 in the
year of the consulship of Bassus and Philippus.-November 22, 408.
29 Apparently Eutropius was not sent into exile before the autumn
of 399. Eutychianus was Praetorian Prefect until July 25, and his
place was taken by Aurelianus on August 27.
so Brev. 9, 30, 4; CJ 9, 47, 22; Burg. Rom. 24.
31
amici, friends, retainers.
32
Prefect of the City, ms. V.
s Gildo had been suppressed as a rebel in Africa.
4 October, ms. V.
258
of the consulship of the Most Noble Constantius and Constans.April 18, 414.
23." The same Augustuses to Monaxius, Praetorian Prefect.

We order that the governors" of the provinces shall be
notified that those persons who have been condemned for
their crimes to undergo the punishment of exile for a fixed
period of time, when the prescribed time has elapsed, shall
not be kept either in the prison enclosures or in the places
in which they lived as exiles.
Eudoxiopolis in the year of the seventh consulship of Our Lord
Theodosius Augustus and the consulship of the Most Noble Palladius.-August 30, 416.

Those persons who have betrayed to the barbarians the
art of building ships, that was hitherto unknown to them,
shall be freed from imminent punishment and imprisonment because of the petition of the Most Reverend Asclepiades, 4 ' Bishop of the City of Chersonesus, but We decree
that capital punishment shall be inflicted both upon these
men and upon any others if they should perpetrate anything similar in the future.
24.40
Given on the eighth day before the kalends of October at Constantinople in the year of the consulship of Monaxius and Plinta.
-September
24, 419.
3 prodere, betray, surrender, deliver.

14, 13; Prosper on the year 413, Chron. Minor 3, P. 527.
9, 47, 23.
88 CJ 9, 47, 24.
89 rectores.
40 CJ 9, 47, 25.
41 One of the many indications of the power of the Church.
8 15,
87 CJ
Goods of Proscribed and Condemned Persons

TITLE 41: CERTAIN JUDGES SHALL NOT BE
ALLOWED TO CONFISCATE WITHOUT THE
ORDER OF THE EMPEROR' (NE SINE JUSSU
PRINCIPIS CERTIS JUDICIBUS LICEAT CONFISCARE)
With the exception of those judges who hold the highest
power of administration and who have received the right to
deprive the guilty of life, no judge shall be permitted to
overwhelm any person whatever by the dire tempest of
proscription in any kind of criminal action, without consulting Our Clemency. A report of the kinds of charges, the
order of trial, the seriousness of the crimes, and the weight
of the documents and proofs to be considered shall be sent
to Us. I. No governors of any provinces, under the insignia
of power, shall presume to deprive any person of the entire
support of his patrimony. 2. They shall exercise their right
of the sword and of inflicting severe punishment upon those
criminals against whom the laws command that the sword
shall be immediately unsheathed and the deferment of
whose punishment is the occasion of the destruction of a
great many people.
Given on the tenth day before the kalends of February at Constantinople in the year of the eleventh consulship of Our Lord
Theodosius Augustus and the consulship of Valentinian Caesar.January 23, 425; 426.
INTERPRETATION: No judges shall presume to proscribe
or to seize private property in the name of the fisc, but they
shall refer to the Lords of the State4 the reason for which a
person deserves this penalty, and whatever is ordered shall
be observed.
TITLE 42: THE GOODS OF PROSCRIBED AND

CONDEMNED PERSONS' (DE BONIS PROSCRIPTORUM SEU DAMN ATORUM)
Emperor Constantine Augustus to Petronius Probianus.
I command that the property of a wife which has rightfully come to her either by some inheritance or by purchase
or even by gift from her husband before his prosecution 3
shall be undiminished if her husband is condemned, and the
wife shall not suffer from the misfortune of another's
crime, since it is righteous, that she enjoy her paternal or
maternal inheritance and her own property with its legal
status unimpaired. Since it came to her as a reward of her
virtue, a marital gift conferred upon the wife before the
time of her husband's crime and prosecution3 must be upheld as valid, just as though nature, not a legal punishment,
had taken her husband from her. Of course, the privilege
and the extent of her legal capacity shall be inspected, so
that it may be considered what she can receive.5
I. If it should appear that a father has conferred anything upon emancipated children before the time of his
1.2
I Brev. 9, 31i; CJ 9, 48.

3 moderatores, rectores.
Brev. 9,31, 1; CJ 9, 48,

4 Rerum Domini.
2
1.
1 Brev. 9, 32; CJ 9, 49.

2 CJ 5, 16, 24; 9, 49, 9. The official position of Petronius Probianus is unknown.
3 reatus, prosecution, guilt, criminality.
- religiosus. Or: with her legal status unimpaired. Or: since it is
in righteous accordance with the whole system of law.
5 Delete: Of course . .. can receive, M. The capacity of women
to accept gifts and inheritances was limited by statute.
9*42*3
prosecution,3
this gift shall be kept entire and

crime and
without disturbance for the aforesaid children.
2. But I decree that the property which neither the wife
nor the emancipated children shall be able to vindicate shall
be seized and incorporated into the fiscal account, and the
case shall be referred specifically to Me. Information shall
be added also as to whether the condemned person has
children, and at the same time it shall be added whether the
aforesaid children have vindicated any property in their
possession by reason of a gift.
3. In the case of a person who is obligated through fiscal
transactions and is proscribed and condemned because of
the state of his accounts, if his wife had any property of her
own or any that was given to her by her husband, to the
extent that she could legally receive such gift," before the
beginning of the act from which the source" of fraud and
crime was brought to court, or if in the second place, anything had been conferred by gift upon emancipated children
before the obligation had arisen and before he attempted an
escape and fraud rather than an act of generosity, it is Our
pleasure that this property shall remain with unimpaired
title in the ownership of the recipients. None of his property
shall be held liable to the fisc in any case except what he had
in actual ownership when he began to be obligated to the
fisc, or what he acquired by acting in his own name or in
the name7 of his wife or children or of anyone else.
4. We except herefrom only the Caesarians who are excluded from every benefit of the law unless their accounts
have been examined and approved by Me, so that they may
have the right to transmit property which they have innocently owned.
Given on the third day before the kalends of March at Sofia
(Serdica) in the year of the second consulship of Crispus and Constantine Caesars.-February27, 321.
2.8 Emperor Constantius Augustus and Julian Caesar to
the People.
If by chance the avenging sword should strike down a

person or any other punishment should destroy him by
taking away his life, the succession to the estate of the
aforesaid person shall be conferred on heirs as far removed
as the third degree of family connection, without interference by the fisc, so that the person may receive the inheritance if he could have vindicated it by civil or praetorian
law and if he belongs to the class of persons, of course, who
are excepted by the authority of this law. The condition
shall be otherwise for those persons that are condemned f or
the crimes of high treason or magic. For in these cases, We
do not establish a new penalty but leave the old one unchanged, in that We command that even though the condemned should have children or parents, a way is made
open' for the claims of the fisc.
Given on the eighth day before the ides of March at Milan in
the year of the eighth consulship of Constantius Augustus and the
consulship of Julian Caesar.-March8, 356.
3. The same Augustus and Caesar to Caelestinus, Gover-
noro of Baetica.
When any person because of the nature of his crime
suffers the death sentence and thus a way is made open for
the claims of the fisc, you shall immediately give notice by
your letters to the office of the procurator of Our patrimony
6 The
criminal act just mentioned.
7 Or: in his own name, as though in the name, M.

8 Edict Theod. 112-113.
> fisco fit locus.
10 Consularis.
E 259 J

9-42*3
concerning the seizure of the property, in order that the
the privy purse through favoritism or collusion. A full inaforesaid property may be vindicated to the resources of
ventory of the property shall include the extent and charthe fisc. The seizure of this property shall be made known
acter of rural property; what part has been cultivated and
immediately by suitable documents.
what is being cultivated;"' what part is found to be in vines,
Given on the fifth day before the kalends of September in the
olives, plowed lands, pasture, and woodland; what is the
year of the ninth consulship of Constantius Augustus and the seccharm and attractiveness of the various parts; what is the
ond consulship of Julian Caesar.-August 28, 357.
equipment of the buildings and landholdings; how many
slaves, either urban or rustic, are contained on the seized
4. The same Augustus to Taurus.-'
estate, and in what skills such slaves have been trained; how
We had forbidden" that the property of persons conmany cottagers and coloni there are; how many oxen are
demned to suffer capital punishment should be vindicated
employed in the working of the land and in plowing; how
to fiscal ownership, except in the case of persons guilty of
many flocks and herds there are and into what varieties they
the crimes of high treason and magic, so that when a severe
are distributed; the amount of gold and silver, clothing and
sentence had taken a person's life, his heirs as remote as
jewelry, both in kind and weight, and in what varieties; what
the third degree should have his property. But now We
is found in the storerooms. Then, finally, when all these
decree that the property of capitally condemned persons
facts which you perceive that We desire have been collected
shall be vindicated to fiscal ownership and that the former
by
investigation, they shall be delivered to the office of the
sanction, which We had given, subject to a fixed condition,
fiscal
representative of Our privy purse, and the goods shall
shall be of no effect.
added
to Our patrimony. Everything shall be immedibe
Given on the day before the nones of January at Sirmium.-Janately reported to Us in detail and by name, in a public letter
uary 4. Received on the sixth day before the kalends of September
in the year of the consulship of Datianus and Cerealis.-August 27,
of the judge, and any negligence shall certainly be punished.
358.
For if, after investigation had been made by the aforesaid
office staff, anything further should perhaps be found by the
5. Emperor Julian Augustus to Felix, Count of the Sacred
fiscal representative of the privy purse, to whom a second
Imperial Largesses.
investigation was entrusted, the fraudulent office staff shall
Certain persons are wickedly concealing the property of
be punished by this sentence, namely, that they shall pay
proscribed persons. We command that these offenders, if
from their own property as much again as had been taken
they be rich, shall be punished by proscription; if through
from Ours.
poverty they have been cast away into plebeian vileness and
Given on the third day before the nones of May at Trier in the
impurity, We command that they shall pay for the damages
year of the consulship of Emperor Designate Valentinian and of
Victor.-May 5, 369.
by capital sentence.
Posted at Rome on the seventh day before the ides of March in
the year of the consulship of Mamertinus and Nevitta.-March 9,
362.

Symmachus, Prefect of the City.
We order that the entire substance of condemned persons shall go to their children and that children shall be the
heirs, whatever the cause of their parents' condemnation,
except only in the case of trials for high treason. If anyone,
with sacrilegious intent, should attempt high treason, he
shall transmit punishment justly also to his posterity.
Milan in the year of the consulship of the sainted Jovian and of
Varronianus.-November 25, 364.
INTERPRETATION: If any person should deserve to receive death or condemnation for his crime, the crime shall
disappear with its author, but his goods shall belong to his
children or to his statutory heirs, unless, perchance, a person has been condemned for the crime of high treason, in
which case We order that his children also shall have no
part in the goods of their condemned father.
7.14 The same Augustuses and Gratian Augustus to Probus,

Praetorian Prefect.
If any person within a province because of the nature of
his crime should incur a sentence of proscription, an investigation of his property shall be very thoroughly made
through the care of the office of the judge ordinary," so
that nothing may be taken stealthily from the resources of
12
13 Brev. 9, 32, I; CJ 9, 49, 10.

14 CJ 9, 49, 7.
9,
other son or sons or a daughter, the aforesaid third shall

be divided according to families, not individuals. 2 0
I. But if a deported man without children or grandchildren should have a father or mother, or even both, not half
of the patrimony but two thirds shall be vindicated by the
fisc, and the remaining third, separated into two sixths, shall
42, 2.
15 ordinarium oflicium, the office staff of the governor of the prov-
ince, the judge ordinary.
8.'7 Emperors Gratian, Valentinian, and Theodosius Augustuses to Eutropius, Praetorian Prefect.
If a person who has been deported should have children
or grandchildren in his power or emancipated, or grandchildren from a daughter, the fisc shall appropriate only
half of his property; half shall be kept for him and for
such children by this distribution, namely, that he shall
retain one sixth of the property in his own control to protect his fortune from dire want, and his children and grandchildren shall have one third, of course, without distinction
as to whether the grandchildren are from a son or a daughter. But if the aforesaid person should have children and
grandchildren, both emancipated and in his power, this
benefit shall be conveyed only to those who are in his
power, if the emancipated children should suppose that
collation"* of what they have obtained at the time of emancipation would be to their advantage. But if they should
choose a collation1 9 of goods and of gifts, they shall obtain
all those things which the fisc concedes to them and this
property shall be divided into equal shares. This rule must
be observed also in the case of a dowry of a daughter or
granddaughter from a son which is to be collated. If there
should be a child or children or grandchildren from an-
16
Or: what part is cultivated and what part may be cultivated.
17 CJ 9, 49, 8.
18 collatio, the hotchpot of the English Common Law.
19 confusio.
20 in stirpes, non in capita.
260

be divided equally between the parents and the deported
man, with the provision that the mother shall take a twelfth
if she has the special rights that accrue to parents on account
of their children.21 But if she does not have the legal privilege granted to fecundity, the mother shall relinquish a half
twelfth from her twelfth to the father, who already has a
twelfth. The same rule shall be observed if only one of the
two parents of a deported man should survive; then, indeed,
the mother shall have the prior claim to one sixth without
any malignant interpretation of the law, even if she does not
have the special rights that accrue to parents on account of
their children,21 although a surviving husband would always exclude her, as We have sanctioned. 2. But if the deported person should have neither children nor parents, the
fisc shall receive ten twelfths of his property, and one sixth
shall be reserved for the support of his afflicted life.
3. Those persons are excepted herefrom who have been
punished for the crime of high treason; in that case We order that only one sixth shall be reserved for the children
and grandchildren and the fisc shall appropriate ten
twelfths, according to the rules established above, for a
person convicted of so atrocious a crime must be punished
not only by deportation but also by poverty.
9. The same Augustuses to Eutropius, Praetorian Prefect.

If any person should be smitten with punishment," the
first right of succession to all his property shall be granted
to his children. But the second rank shall admit grandchildren from his daughter, provided that there be found no
one in his power23 who would precede them, the inheritance
to be divided according to families, not individuals. 20 This
rule shall be equally observed if there should be children
and grandchildren entitled to succeed the deceased on intestacy who should be called to succession either by the
laws of the Twelve Tables or by the praetor's edict, through
rescission of a diminution of status, 24 although emancipated
children and daughters shall be bound by the necessity of
collation."' But the benefit shall extend even to children of
the third degree, provided that such children descend
through the male line, to the extent that in this case they
themselves shall take half by that distribution of shares
which the civil law disposes, and the fisc shall appropriate
half.
I. But if a person smitten with punishment of this kind
should not have children of the degrees included above,
then, under the second heading, the father and mother shall
be called to the inheritance to the extent of only one third
of the estate, and two thirds shall be transferred to the
public treasury. Thus if the mother has the special rights
that accrue to parents on account of their children, 21 the
shares shall be made up of a sixth to each parent; if she
does not have this right, the father shall receive a fourth,
the mother a twelfth. But if the person put to death should
leave only a father, nonetheless, the father shall have the
right to vindicate one third; likewise, if the condemned person should leave a mother, provided that she has the special
rights that accrue to parents on account of their children.2 1
But when the mother is sole survivor, if she lacks the priv2
1 jus
9-42-11
ileges of the Papian Law and is not favored by the birth of
three children to the fruitfulness of the State, she shall be
content with one sixth, and the fisc shall appropriate ten
twelfths.
2. Under the third head, this shall be the rule, that a
sanction of equal benefit shall protect also ascendants of
the second degree, that is, a grandfather and grandmother.
In this case, however, the paternal grandfather and grandmother, not the maternal, shall be sought, and they shall
receive a fourth of the property of the deceased by that rule
of division which was explained as applying to a father and
mother in other cases.
3. Under the third heading, moreover, We join with the
grandfather and grandmother a brother and sister of the
person put to death, so that We sanction that a fourth shall
be divided individually among the said survivors. If the
right of agnation attached to blood kinship should remain
unimpaired for the person put to death and a brother or
sister, 2 5 the laws of the Twelve Tables shall be observed and
the civil law shall prevail, so that a grandfather and grandmother, called in the rank of cognates, shall acquiesce in the
defeat of their claims by statutory heirs. In this case, indeed, three twelfths shall be divided equally between the
sister and brother. Furthermore, a uterine brother and
sister shall be called in the same rank as a grandfather and
grandmother. But if the person punished should lack all
such kinsmen, all his property shall be vindicated to the fisc.
the first consulship of Theodosius Augustus.-June 17, 38o.
The same Augustuses to Postumianus, Praetorian

Prefect.
The posthumous children of a father who has been punished 27 shall also participate in the benefit of the Valentinian
Law, 28 so that his property shall not become caducous. In
order that no person may declare that the child who is born
is supposititious or falsely claim that it is not supposititious,
if perchance at the time when her husband is dragged away
to severe punishment-except, however, for the crime of
high treason as We have commanded before-the wife
should perceive that she is pregnant, she shall send to the
judge, she shall notify the magistrates, 29 her attestation
concerning the conception of the child shall remain on file,
testimony of the future birth shall be sought, and a virtuous
pregnancy shall be protected by summoning guards. Indeed,
it is Our will that only such trustworthiness of origin shall
be preferred to the claims of Our fisc, in the case of a
person about whose birth there is no doubt.
10.26
Given on the eighth day before the ides of April at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-April 6, 383.
INTERPRETATION: If any condemned person should leave
his wife pregnant, the woman shall immediately call to
witness the judge and the decurions about her conception,
so that when she gives birth to the posthumous child, that
is, a child born after the death of his father, the child may
succeed to the property of the condemned man.
ii. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
If any persons, for the atrocity of their crimes, should
liberorum.
22 SUppliCiUM, usually capital punishment, ordinarily with torture.

23 suus.
25
24 capitis diminutio, a diminution of family status.
29
26
Descended from the same father but not from the same mother.
Brev. 9, 32, 2.
27 By death.
28 9, 42, 6.
Of the municipality.
261
9-42-11
sustain a sentence of such a kind that their property, under

the title of proscription, must be vindicated and annexed to
the fiscal properties, it is Our will that mention of Our
names shall not be made in those notices which shall be
affixed to their doorposts or to that property, of which the
right and ownership"o shall be taken away. The palatine
office shall be punished by payment of a fine of ten pounds
of gold if hereafter it should presume to disregard this
regulation.
Given on the kalends of May at Constantinople in the year of the
third consulship of Theodosius Augustus and the consulship of the
Most Noble Abundantius.-May i, 393.

All the property of proscribed persons which Tatianus
has ordered to be annexed to the fisc, We order to be returned, without the hindrance of doubt, either to those persons who lament their own want or to those persons who
are placed in extreme poverty and mourn the death of
their own kinsmen.
12.

year of the third consulship of Theodosius Augustus and the consulship of the Most Noble Abundantius.-June 12, 393.
13. The same Augustuses to Drepanius, Count of the Privy

Purse.
All the goods of proscribed persons which Tatianus has
seized from any individual in the name of the fisc We order
to be restored at once, either to those persons who have
suffered a written sentence31 harsher than the sword and
have wept over their hardship and want, or to the children
and near kinsmen of those who have received death sentences, and We order that all those persons who have acquired any property of this kind by Our liberality shall be
compelled to restore what they have received.
Given on the day before the ides of January32 at Constantinople

consulship of Abundantius.-January12, 393.

By the customary foresight of Our Serenity, We admonish that the property which Rufinus formerly possessed
in any way when he was living shall remain in the same
status for the present, and that from the time of Rufinus's
death no person shall arrogate to himself the power to
vindicate the said property by his own action. For if a
person has been silent during all the time that has elapsed"
and has allowed Rufinus to hold the property, he shall
allow Our fisc also to possess it without prejudice. We
command that this regulation shall be published by edicts
posted throughout all the provinces, that all men may know
that they will suffer a heavy loss and endanger their entire
estate unless, before the issuance of Our regulation, they
should have been willing to keep hands off that property
which Rufinus possessed while he was alive.
Given on the ides of February at Constantinople in the year of
the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-February 13, 396.
15." The same Augustuses to Caesarius, Praetorian Prefect.

If any person hereafter should receive the written sen-
tence3s of proscription-which God forbid!-he alone shall

pay the penalty for his crime; he shall have no one associated with him in the forfeiture of his goods. His wife
shall be alien to the lot of her proscribed husband. When
he has been proscribed in the customary manner, his wife
shall have the right to vindicate her own property immediately, as though by forcible seizure,35 and certainly she
shall immediately recover property which has been seized
in any way. Her dowry also shall be restored to her in full,
not that which is often merely written in the terms of dotal
instruments, but that which she proves that she had actually delivered. Those things also shall not be refused her
which by chance have been mingled with the property of
the proscribed man and which she received from her husband by title of an antenuptial gift, while he was innocent
of crime. But if it should be a brother, sister, near kinsman, a person connected by marriage, or anyone else who
is associated by any lot at all with the proscribed man, each
one must be as far from fear and punishment as he is
foreign to the crime.
Given on the third day before the nones of August at Constantinople in the year of the fourth consulship of Arcadius Augustus
INTERPRETATION: When any person has received a sentence of condemnation and proscription, his wife's goods
shall be separated from his property, so that the wife may
keep the dowry which she or her parents bestowed upon
her husband and the antenuptial gift which she had received on behalf of the marriage. She shall have the right
to vindicate for herself things which are not part of the
goods of the proscribed property, because a wife cannot
be held liable for the crime of her husband.
16. The same Augustuses to Peregrinus,"' Count and Procurator of the Divine Imperial Household.
We order that the regular tax of all accounts due from
the landholdings of Gildo which have devolved upon Our
treasury shall (now) be paid in full, with receipts for payment3 7 taken into account in the usual manner.
Given on the kalends of December at Altinum in the year of the
consulship of the Most Noble Theodorus.-December (September)
1, 399.
17."8 The same Augustuses to Studius, Count of the Privy
Purse.
No person shall suppose that within two years he may
request the property of proscribed persons or of those who
appear to have received a public sentence. Persons shall
refrain from petitioning for such property within that period of time, in order that either any person may recover his
own property, if by Our imperial humanity We should alleviate his very hard circumstances and his very sad fortune, as is Our inborn nature; or finally, in order that a
person may request such property only when it is recognized that he seeks property which now belongs to the fisc
rather than to a proscribed person. If any person, however,
should suppose that before the end of two years he may
petition for the goods of a proscribed or deported person,
he shall lose the fruit of Our August liberality. Thus such
petitions shall not be prepared, or if they should be rashly
prepared and should elicit Our liberality under the munifi-
s0 Or: to the doorposts of the property of those persons whose

right, M.
s1 stilus, a sentence of proscription in this case.
32 June, M.
3 While Rufinus lived.
3 Brev. 9, 32, 3; CJ 9, 49, 9.
262
manus injecta.
3 CIL 6, 1728.
cautiones, receipts, securities.
38 10, 10, 23; Brev. 9, 32, 4. Cf. Min. Sen. n. 25.

cence of a special grant of imperial favor, whatever is
granted shall have no force.
Constantinople in the year of the consulship of Vincentius and
Fravitus.-January19, 401.
INTERPRETATION: No person shall petition within two
years for the property of anyone who has received a sentence of proscription. But if anyone should petition for
the property of a proscribed person within two years,
whatever he should obtain shall not be valid, because Our
Piety is accustomed to be moved to pity and to restore
property which We ordered to be taken away when We
were justifiably aroused.
I8. The same Augustuses to Bathanarius, Count of Africa.
When Marcharidus was proscribed, he left much of his
property in the possession of different persons, as was revealed by the trial" which was held. Therefore, if any
person who retains something from said property should
return it of his own free will within two months and if he
should faithfully deliver at once what he received, he shall
know that he will obtain pardon. Otherwise, he shall know
that his patrimony will be annexed to the fisc and that he
will undergo the penalty of deportation.
Given on the third day before the ides of July at Milan in the
year of the consulship of Vincentius and Fravitus.-July 13, 401.

Ursicinus, Count of the Sacred Imperial Largesses.
The landholdings from the property of Gildo and his
satellites which have been held by persons who have appropriated them in violation of the rights4 0 of Our Serenity
shall be added to Our patrimony, and the simple amount
of the payments that are due4 1 shall be made by the said
occupants from the time when they unjustly retained the
estates. If said occupants should be notified before the
kalends of October and should suppose that they ought to
retain the landholdings, they shall know that they will be
forced to a twofold restitution4 2 and that double the
amount of fruits must be surrendered.
Given on the twelfth day before the kalends of May at Ravenna
of Anthemius.-April 20, 405.

We order that the fortunes of proscribed men and of
their satellites shall be added to Our treasury. Thus We
command that the notices of Our Serenity shall be affixed
throughout the fields and on all the dwellings. Whatever
fruits from the landed estates have been gathered together
by their procurators shall be added at once to Our largesses. Thus such procurators may not sustain alike the
punishments of exile and proscription, as they will if they
should either disregard Our orders by pretense or pass
over them by collusion.
Given on the eighth day before the kalends of October at Milan in
the year of the consulship of Bassus and Philippus.-September 24,
408.

Those persons who appear to have been involved in the
9-42*24
property and transactions of Stilicho and either to have
stealthily removed or to have robbed anything from the
aforesaid property shall return it in every detail.
Given on the eighth day before the kalends of November in the
year of the consulship of Bassus and Philippus.-October25, 408.
The same Augustuses to Theodorus, Praetorian

Prefect.
We order that every avenue for the recovery of property
shall be closed to those persons who have given their resources, either incorporeal4" or corporeal, to the public
brigand 5 or to his son or other satellites, which resources
that brigand used to enrich and to incite all the barbarians.
22.4
Given on the tenth day before the kalends of December at Ravenna in the year of the consulship of Bassus and Philippus.-November 22, 408.

(After other matters.) We order to be assigned to Our
fisc the property of those persons who have obtained punishment 7 for their crimes, and all right to petition for
such property shall be absolutely denied, provided that
such criminals leave no children, father, or mother, for
whom the humanity of Our laws has preserved the property of condemned persons. The crime of high treason is
excepted herefrom, since the atrocity of this crime leaves
nothing to the heirs.
23.46
year of the consulship of Eustathius and Agricola.-July 8, 421.
24." Emperors Theodosius and Valentinian Augustuses

The nefarious brigand" and all persons involved in such
crimes that have been confessed and attested shall know
that their punishment cannot be delayed. The sentence of
proscription shall be inflicted upon the person who is
condemned for such crimes. It shall provide that half his
property shall be vindicated to the treasury and the other
half reserved for the children of the condemned man.
I. But when a decurion incurs such a penalty, if he
has no children, the municipal council shall succeed him
and retain his entire estate, holding it either directly or
through a person whom they appoint at their own risk to
perform the compulsory public services. But if the decurion has offspring who may be vindicated to the performance of the municipal functions, such offspring shall
be supported by the entire fortune. If there should be a
daughter or daughters, half the property shall devolve upon
the daughter or daughters, as has been established by the
definite sanction of the law. But if there should be male
offspring intermingled, subject to the duties of decurions,
half the property shall be granted to them in the name of
the municipal council, and the other half, which Our imperial indulgence grants to all the offspring alike, shall be
divided equally.
Given on the tenth day before the kalends of February at Constantinople in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Valentinian Augustus.
-January 23, 426.
4
9, 40, 20.
Apparently Stilicho.
46 4, 15, 1.
vel jure vel corpore.
Death.
CJ 9, 49, lo; Edict Theod. 113.
4 The reference is uncertain. It was a period of general unrest
and disturbance.
4
3 quaestio, a trial, investigation, often with torture.

40 in jus.
4 Of the fruits thereof.
42 Of double the value of the property.
E 263 :
ho Have Served a Sentence

Restoration of Persons WN
9*43-1
TITLE 43: PERSONS WHO HAVE SERVED A

SENTENCE AND HAVE BEEN RESTORED,
AND THEIR CHILDREN' (DE SENTENTIAM
PASSIS ET RESTITUTIS ET LIBERIS EORUM)
I.' Emperor Constantine Augustus to Maximus, Prefect
of the City.
With reference to a question concerning a testament
which the son of a deported person had made, if his father
returns,8 it is Our pleasure that the opinion of Papinian
shall prevail, and that the notes thereon of Ulpian and
Paulus, shall be removed. Thus the son shall be in the power
of his father when his father's rank and property have been
restored to him. I. But if the undertakings of a son had
been confirmed by the attainment of legal age, his business
transactions shall be validated when he returns to his
father's power, in order that the rescission of such contracts may not bring about the especial absurdity that a
person should at the same time be neither in his father's
power nor in his own power.4
2. For minors are prohibited by law from transacting
any business. If a tutor was appointed for them when
their father was condemned, such tutor must retire from
his duties upon the return of the father. For a father must
return not only in name, but he must perform his paternal
duty, uncorrupted by any baseness, so that he may protect
and increase his children's property. For if he should misuse the paternal power as a license for injuring and squandering their patrimony, as in the case of an insane and demented person, and likewise of a prodigal, enslaved to all
lusts and vices, the children's property must not be entrusted to him. He shall refrain from administering it, and
he shall not cease to be tutor' and shall make good all
losses of the minors out of his own means. But the sentence of deportation shall not diminish the rights of the
father by any prejudice. If his manifest integrity should
restore him to his children by nature" as well as by his
paternal duty, the management of their property shall be
entrusted to him, in imitation of whose guardianship that
of the public law has been provided.7 Unless such management is given to good fathers, their return will be sadder
than their departure.
3. The pardon, therefore, shall be as effective for restitution as the sentence was for correction. As the very name
of deportation of itself involves the forfeiture of everything, so shall the pardon permitting return involve the
recovery of property and rank, in a word, of everything
that was forfeited. By their services sons shall seek emancipation from their fathers, so that they may have their
freedom as witness, not of the condemnation of their
fathers, but of paternal leniency.
Sirmium in the year of the second consulship of Crispus and Constantine Caesars.-September 14, 321.
INTERPRETATION: If a father, when sent into exile,
should leave behind a son who is in his majority, anything
the son has done with reference to the management of his
I Brev. 9, 33; CJ 9, 51.

2 I, 4, 1-3; 9, 42, I; Brev. 9, 33, I; CJ
9, 51, 13.
3 whose father afterwards returns, G.
4 in sua potestate: sui juris.
5 Or: and there shall not cease to be a tutor who.
6 natura, physically, in reality.
7 Or: whose guardianship has been provided in imitation of the
public law.
264
own property shall remain valid and binding, according to

the opinion of Papinian, and the father on his return shall
not be permitted to contravene the testament or a compromise of his son. Of course, when the father returns,
if he finds a son alive, he shall take this son back into his
own control by right of paternal power; but the father on
his return cannot revoke anything which the son did with
reference to his own property in his father's absence. But
whatever was done by sons who were in their minority
shall be absolutely invalid. However, if, because of their
age or the absence of their fathers, sons should receive
tutors or curators, upon the father's return the curators
or tutors shall be dismissed, and the father shall take
back his sons together with all their property, on the condition that he so administer and govern the property of his
sons that they shall not only suffer no loss, but that the
property or substance of the sons shall profit by the zeal
of their father. But if the father should be convicted of
being prodigal or negligent or subversive or given to lust,
and if it should be recognized that he is impiously and
madly injuring and wasting the property of his sons, the
sons of such father shall remain under a tutor or curator,
as though the father were dead. For just as it is equitable
that a good and helpful father should recover the control
and administration of his sons' property, so it is inequitable
that on his return he should dissipate by mad destruction,
to the loss of his sons, the property which had been preserved by tutors or curators.
TITLE 44: THOSE PERSONS WHO FLEE FOR
SANCTUARY TO THE STATUES OF THE EMPERORS' (DE HIS QUI AD STATUAS CONFUGIUNT)
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.
We suffer those persons who have taken refuge at the
statues of the Emperors, either for the purpose of avoiding danger or of creating ill will, neither to be taken away
by anyone before the tenth day nor to go away of their own
accord; provided that, if they had definite reasons for
which they had to flee to the statues of the Emperors, they
shall be protected by law and the statutes. But if they should
be revealed to have wished to create ill will against their
enemies by their own artifices, an avenging sentence shall
be pronounced against them.
the year of the consulship of Emperor Designate Honorius and the
Most Noble Evodius.-July 6, 386.
TITLE 45: THOSE PERSONS WHO FLEE FOR

SANCTUARY TO THE CHURCHES' (DE HIS
QUI AD ECCLESIAS CONFUGIUNT)
I.2 Emperors Theodosius, Arcadius, and Honorius Au-
gustuses to Romulus, Count of the Sacred Imperial Largesses.

If public debtors should suppose that they may take
refuge in the churches, they shall either be dragged out of
1
CJ 1, 25.
CJ 1,
25, 1.
I Brev. 9, 34; CJ 1, 12.

2 Edict Theod. 70-71. Most of the public debtors were delinquent
taxpayers.
Persons Who Flee for Sanctuary to the Churches

their hiding places at once, or payment of their debts shall
be exacted of the bishops who are proved to have harbored them. Your Eminent Authority shall know, therefore, that no debtor hereafter shall be defended by clerics,
or else the debts shall be paid by the clerics for a debtor
who they suppose ought to be defended.
Given on the fifteenth day before the kalends of November at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-October 18, 392.
2.3 Emperors Arcadius and Honorius Augustuses to Archelaus, Augustal Prefect.

If Jews should be harassed by some criminal charge or
by debts 2 and should pretend that they wish to be joined to
the Christian law,' in order that they may be able to avoid
criminal charges or the burden of debts 2 by taking refuge
in the churches, they shall be driven away, and they shall
not be received until they have paid all their debts or have
been cleared of criminal charges by proof of their innocence.
Given on the fifteenth day before the kalends of July at Constantineple in the year of the consulship of Caesarius and Atticus.June 17, 397.
3.5 The same Augustuses to Eutychianus, Praetorian Prefect.
If, in the future, any slave, maidservant, decurion,

public debtor, procurator, collector of purple dye fish, or
anyone, finally, who is involved in public or private accounts should take refuge in a church, and if he should be
either ordained a cleric or defended in any way by clerics
and if he should not be returned to his former condition immediately by the issuance of a summons, decurions, indeed, and all others who are called by a customary function
to the duty that they owe shall be recalled to their former
lot by the energy and wisdom of the judges, as if by forcible seizure." We no longer permit such persons to have the
benefit of the law which did not forbid decurions to be
clerics after surrender of their patrimonies had ensued. But
also those persons who are called stewards,7 that is, those
who customarily manage ecclesiastical accounts, shall be
compelled without any delay to the repayment of a public 2
or private debt to which it appears that those persons are
obligated whom clerics received to be defended and did not
suppose should be produced immediately. (Etc.)
Given on the sixth day before the kalends of August at Mnizus in
consulship of Eutychianus.-July 27, 398.
Antiochus, Praetorian Prefect.

The temples of the Most High God shall be open to
those persons who are afraid. Not only do We sanction that
the altars and the surrounding oratory of the temple, which
encloses the church with a barrier of four walls on the
inside, shall be set aside for the protection of those persons who take refuge, but also the space up to the outside
doors of the church, which people desiring to pray enter
first, We order to be an altar of safety for those who seek
sanctuary. Thus if there should be any intervening space
CJ
I, 12, I.
5 CJ I, 3, 12; Edict Theod. 70.
6 manus injecta.
3
within the circumference of the walls of the temple which

We have marked off9 and within the outer doors of the
church behind the public grounds, whether it be in the cells
or in the houses, gardens, baths, courtyards, or colonnades,
such space shall protect the fugitives just as the interior of
the temple does. No one shall attempt to lay sacrilegious
hands on them to drag them out, lest a person who dares to
do this, when he sees his own peril, may himself also take
refuge and seek aid. Moreover, We grant this extent of
space for this purpose, namely, that it may not be permitted that any fugitive remain or eat or sleep or spend
the night in the very temple of God or on the sacrosanct
altars. The clerics themselves shall forbid this for the sake
of reverence for religion, and those who seek sanctuary
shall observe it for the sake of piety.
i. We also command that those persons who seek sanctuary shall not have within the churches any arms at all, in
the form of any weapon, either of iron or of any other
kind. For weapons are barred not only from the temples
and divine altars of the Most High God, but also from the
cells, houses, gardens, baths, courtyards, and colonnades.
2. Hereafter if any persons should flee without armsto
the most holy temple of God or to its sacrosanct altar,
either anywhere else in the world or in this fair City, they
shall be prevented by the clerics themselves, without any
injury to such persons, from sleeping or from taking any
food at all within the temple or at the altar. The clerics
shall designate spaces within the ecclesiastical enclosures
which shall be sufficient for their protection and shall explain that capital punishment has been decreed if anyone
should attempt to enter forcibly and seize them. If the
fugitive should not agree to these restrictions and should
not obey them, reverence for religion must be preferred to
humanity, and reckless lawlessness must be driven from
these holy places to those that We have mentioned.
3. We warn beforehand those persons who dare to
enter the temples with arms that they shall not do this.
Then if they should be equipped with weapons in any place
in the church, either near the enclosure of the temple or
around it or outside it, We command that they be notified
immediately and very severely by the clerics alone, under
the authority of the bishop, to lay aside their arms, and
they shall be given the assurance that they are defended by
the name of religion better than by the protection of arms.
But if, warned by the voice of the Church and by the declarations of so many and so important persons, the refugees should be unwilling to relinquish their weapons, then
the case of Our Clemency and of the bishops is cleared in
the sight of God; armed men shall be sent in, if the case
so demands, and the refugees shall know that they will be
dragged forth, dragged away, and subjected to all kinds of
misfortunes. But no armed persons shall be dragged out
from the churches without consulting the bishop or without
Our order or the order of the judgeso either in this fair
City or anywhere else, lest, if many persons should be
generally permitted to do this, confusion may arise.
Given on the tenth day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Antiochus
and of the one who is to be announced.-March 23, 431.11
9 By the boundary of walls mentioned above.
4 Become Christians.
oeconomi, stewards, regularly church stewards.

8 Brev. 9, 34, I; CJ I, 12, 3; Burg. Rom. 2, 3-4; Nomocanon
Acta Concilii Ephesini (Mansi 5, 437).
9-45.4
1oWho have jurisdiction.
9, 27;
11 Posted (at Alexandria?) in the fourteenth year of the indiction

on the twenty-second day of the month Pharmouthi (April 7, 431),
Acta Conc. Eph. (Mansi 5, 437). For the consulship cf. I, 2,
12,
n. 33.
E 265
Persons Who Flee for Sanctuary to the Churches
9.45-4
INTERPRETATION: Churches and places dedicated to God

shall so protect accused persons' 2 who flee to them, driven
by fear, that no one shall presume to bring force and violence to holy places in order to seize accused1 2 persons. But
We command that whatever space belongs to the church,
either in the colonnades, or in the halls, in the houses, or in
the courtyards adjacent to the church shall be guarded just
as the inner parts of the temple, so that the compulsion of
fear may not constrain accused persons1 2 to remain around
the altars or to defile places to which reverence is due.
Certainly, if they should take refuge in holy places, they
shall lay aside at once whatever arms they have brought
with them, and they shall not suppose that they are defended by the protection of arms more than by reverence
for holy places. But if they should be unwilling to lay aside
their arms, and if they should not have confidence in the
priest or the clerics, they shall know that they will be
dragged out by the force of armed men. But if anyone
should attempt for any reason to drag out from a holy
place any accused personl 2 at all, the offender shall know
that he will be condemned to capital punishment.
5.13 The same Augustuses to Hierius, Praetorian Prefect.
We believe that a sanction should be promulgated, which

shall be valid forever, concerning those persons who take
refuge at the altars of holy religion, to the effect that if
the slave of any person, relying only on reverence for the
place, should seek refuge in the church or at the altars
without any weapon, he shall be sent away after not more"4
than one day in such place; furthermore, notice shall be
given by the clerics whom it concerns to his master or to
rei, accused persons, defendants, criminals.
1 CJ I, 12, 4; Edict Theod. 70.
14 Or: he shall remain not more, M.
12
the person for fear of whom the slave appears to have

avoided imminent punishment. The master shall grant
pardon for his wrongs, and, with no remnants of anger
remaining in his heart, in honor of the place and in respect
for Him to whose aid the slave has fled, he shall take the
slave away.
But if, armed and suspected of this by no one, the slave
should rush in suddenly, then he shall be dragged out immediately, or at least notice shall be given at once to his
master or to the person from whom such frantic fear has
driven the slave, and the opportunity to drag him out at
once shall not be denied. But if, relying upon arms and
driven by madness, he should conceive the intention of resisting, his master shall be granted the right to drag him
out and take him away by whatever means he can effect it.
If it should happen that the slave should be killed in the
struggle and battle, the master shall incur no blame, nor
shall there be an occasion for anyone to originate a criminal action, if a person is killed who has changed from a
servile status to the legal condition of a public enemy and
a homicide.
If these regulations, so usefully constituted, should be
perverted either by negligence or connivance, or in any
other manner by those persons who are placed in charge of
such matters in accordance with the duties of their office,
just punishment will not be lacking, and, under the decision
of an episcopal trial, they shall be removed from that place
which they could not protect, they shall be cast back into
the rank of plebeians, and they shall receive the force of
judicial severity.
Given on the fifth day before the kalends of April at Constantinople in the year of the consulship of Valerius and of the one
who is to be announced.15-March 28, 432.
15 Cf. I, 2,
12,
n. 33.
266
BOOK X
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...
u.................
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tfs
*.meS .....
UUS.SS
S.
~t....S~t~'U33
TITLE 1: FISCAL LAW' (DE JURE FISCI)
ample, whereby We command that just fiscal actions

shall be barred.
Emperor Constantine Augustus and the Caesar to the

People.
Henceforth if any property must be seized by the fisc
and either is about to be presented by Us to any individual2
on account of his merits and services, or is about to be sold
by the fisc, for the space of a year all persons shall abstain
both from petitioning for this property and from purchasing it, while those who consider that their own property has
been unjustly acquired by the fisc shall hasten to bring suit
against the fisc. Such dispossessed owners shall know and
be grateful that the space of a year has been graciously
granted to them within which they shall have the right to
recover their own property, and if they should prove that
their petition is founded on justice, they shall recover and
hold their property which will be restored by Our grant of
special favor.
Given on the third day before the kalends of June in the year of
the fifth consulship of Constantine Augustus and the consulship of
I.
Given on the ides of September at Rome in the year of the

fourth consulship of Constantine Augustus and of Licinius.-September 13, 35.
2.- The same Augustus to Severus, Fiscal Representative

of Africa.
(After other matters.) From the patrimony of the fisc
We have taken out certain landholdings and slaves and presented them to certain individuals. It is Our will that this
property shall be held by direct and permanent title and
without any question. Punishment is threatened against the
fiscal representatives and the masters of Our privy purse
and against the apparitors, if they should attempt anything
to the contrary. (Etc.)
Posted on the sixteenth day before the kalends of June at Rome
in the Forum of Trajan in the year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-May 17,
319; 357.
INTERPRETATION: It is Our will that if any fields and

slaves from the property of Our fisc should be granted to
any person, they shall remain in the possession of such
person without any mistrust, and a penalty is threatened
against the administrators of the property of the imperial
household, if it should be learned that they are acting contrary to this regulation.

We command that even just and well-founded fiscal
actions 5 shall be burned, for the sole reason that they were
not brought at the proper time. Thus now vexatious suits
of private individuals shall be prevented at least by this ex' Fiscal law, the rights of the Fisc. Brev. io, i;
CJ io,
i. The
tenth and eleventh books of the Theodosian Code are essential

for any fundamental understanding of the fiscal system of the
Roman Empire from 312 to 436, since they contain the most important fiscal legislation of this period.
2 The Emperors strengthened themselves in power by presenting
their retainers and supporters with vast estates, either confiscated
from the Emperor's enemies or appropriated by the fisc for legal
reasons, such as nonpayment of taxes. Cf. Min. Sen., n. 25.
4 4, 15, I; CJ io, 1, 6.
a Brev. io, i, r.
5 Really fiscal claims and the documents supporting them.
Licinius Caesar.-May 30, 319.
4. The same Augustus to Dometius Dracontius, Master of

the Privy Purse in Africa.
Whenever the fisc is either sued or brings suit, it is
necessary to await only the space of a year for the determination of the case, because this length of time is sufficient for the preparation of the case, and the interests of
either private individuals or of the fisc must not be disturbed for a longer time.
Given on the fourteenth day before the kalends of June at Sofia
(Serdica) in the year of the sixth consulship of Constantine Augustus and the consulship of Constans Caesar.-May 19, 320.
5.6
The same Augustus.
Opportunity for defense must be given to persons disquieted in any way by the fisc, since it is not just that their
property be disturbed or an inventory thereof be made
while the controversy is still pending. Whenever, therefore,
a controversy arises through the fisc undertaking to vindicate the patrimony of any person, all the property shall
remain firmly in his possession while the judicial investigation is being conducted. Only if the outcome of the
matter should prove that said property should be vindicated
by the fisc, then finally shall it be permitted to pursue the
property and to institute an inquiry as to the amount of
property and goods. This inquiry shall be conducted through
an examination of slaves who are of ignoble status, so that
if any of the property should be secretly removed, it may
be recovered and in addition thereto in the name of a fine
an amount equal to the value of the property that was
fraudulently carried away.
I. Of course, if the name of any Caesarian should be
involved in an inquiry of this sort, he must not be allowed to usurp the benefits of this constitution, since the
customary fraud with which the aforesaid persons ordinarily violate all regulations deserves that an exception be
made in their case.8
Given on the day before the kalends of January at Sirmium in
the year of the seventh consulship of Constantine Augustus and the
consulship of Constantius Caesar.-December 31, 326.
6.' Emperor Constantius Augustus to Hierocles, Governor'o of Coele-Syria.

In accordance with the law which We previously promulgated, you correctly did not accept an unfounded appeal. Henceforth also in fiscal actions and matters you must
not admit such appeals.
Given on the eighth day before the kalends of May in the year
of the consulship of Philippus and Sallia.-April 24, 348.
6 CJ 10,
1, 7.
Cf. 2, 29, n. I.
7 condicionales, and thus subject to torture.

8 One of the many instances of the corruption of the bureaucracy,
with which the Emperors seem to have been powerless to cope.
9 10, I, 7.
1o Consularis, the judge ordinary of the province.
E 267
71
Fiscal Law
10-1-7
7. The same Augustus and Julian Caesar to Verecundus,

Comptroller of the Fisc.11
Fiscal actions are exempted from the tenor of Our edict
by which We decreed that statutory time limits must be
sanctioned for lawsuits, since it can happen that through
the innumerable occupations of your office or perhaps
through fraudulent trickery and venal silence" a fiscal suit
founded on every reason of justice may be extinguished on
account of the brief time limits.
Posted on the sixth day before the kalends of July at Vallae in
consulshipl2 of Julian Caesar.-June 26, 357.
8. Emperors Valentinian and Valens Augustuses to Caesarius, Count of the Privy Purse.
It is Our pleasure that all parcels of land and all landed
estates which are now the property of temples13 and which
have been sold or donated by various Emperors shall be
reclaimed and added to Our private patrimony.
year of the consulship of the sainted Jovian and of Varronianus.February 4, 364.14

City.
In the future Your Eminence shall observe that none of
the property of Our privy purse shall be appropriated"
unless the count of the privy purse shall first be notified.
Given on the seventh day before the ides of March at Milan in
-March 9, 365.16
10.1 The same Augustuses to Dracontius, Vicar of Af rica.

If any person should involve himself in criminal compacts' and in the scandalous fraud of embezzlers, to the
damage of the fisc, he shall be obligated to the repayment
of fourfold the amount involved.
Hadrumetum in the year of the consulship of Valentinian and
Valens Augustuses.-November 17, 364; 365; 368.
II.1 *The same Augustuses and Gratian Augustus to Alexandrianus, Count of the Privy Purse.
In order that We may manifestly make wise provision for
the welfare of the coloni, in the tenth year of the indiction
only one percent' 9 shall be paid by those persons who, according to custom, annually deliver to the treasurers the
revenue due to Our household. These payments shall be
made, however, in such a way that the account of these
separate one percent payments also shall always be arranged in evident form and shall be referred to your
knowledge, so that, of course, when all the disbursements
have been disclosed by an explicit statement, 2 0 the condition of the account of delinquent taxes can be learned
from the record of the one percent payments.
11Rationalis Summarum.
12 The second consulship.

Apparently restored to them by the Emperor Julian.
14 The Emperors were not at Milan at this time.
15 violare, to injure, violate, outrage, usurp, appropriate.
17CJ 10, 1, 8.
1e r, 6, 4.
18 12, 6, 14. The tenth year of the indiction was 367.
19 Such additional payments of varying amounts were known as
epimetrum and were made to compensate for waste, shrinkage, and
13
other losses, G. Cf. 12, 6, 2; 12, 6, 14-15; 12, 6, 21.
instructio, the documentary material and full statement of a

case; arrangement.
20
268
Given on the seventh day before the kalends of October at Dorostorum in the year of the consulship of Lupicinus and Jovianus.2 1
-September
25, 367.
12. Emperors Gratian, Valentinian, and Theodosius Augustuses to Pancratius, Count of the Privy Purse.
You shall know that We have acceded both to ancient
custom and to the constitutions of Our forefathers. Also
We command that the right shall be granted to the supervisor of the games22 of the City of Antioch both to plant
more cypress trees and to cut out one tree.
Given on the fifteenth day before the kalends of July at Thessalonica in the year of the consulship of Ausonius and Olybrius.June I7, 379.
13.23 The same Augustuses to Messianus, Proconsul of

Africa.
In all fiscal actions We decree that two months shall
adequately and abundantly suffice, if the trial is conducted
within the same province, whatever judge may sit as the
trial judge, except when the judge is one of those persons
of magnificent rank, the counts of Our largesses. For by
a recent constitution14 issued in conformity with ancient
custom We have commanded them to decide cases by extraordinary procedure. But if persons and records2 o from an
adjoining province are considered necessary for the case,
four months shall be granted; if from a transmarine province, six months. When an appeal is interposed and the
merits of a case are being investigated, the action shall be
concluded within twenty days, if the parties are resident
within the same province, but within forty days if they
are resident in adjoining provinces.
Given on the fifteenth day before the kalends of October at
Aquileia in the year of the first consulship of Arcadius Augustus
and the consulship of Bauto.-September 17, 385.23
14. The same Augustuses to Hyperechius, Count of the

Privy Purse.
We have learned that on many different occasions a very

great weight of gold and silver has been appropriated and
not delivered to the account of Our treasury." In order that
such practice may not proceed farther, to the loss of Our
privy purse, and in order that the account of receipts and
expenditures may more readily be made clear, it is Our will
that nothing shall be appropriated from the aforesaid tax
payment, in any province whatever, without Our authorization, and thus it will be easier to investigate the amount
of money which was positively attested to Us.
Given on the sixteenth day before the kalends of January at
Milan in the year of the consulship of Caesarius and Atticus.December (May) 17, 397.

Paulus, Count of the Imperial Household.
If any person by rash lawlessness should occupy any
parcels of land belonging to the sacred imperial domain,
such property shall be restored to its proper legal status in
accordance with the trustworthy evidence of the old tax
list.' 6 Your Authority, therefore, shall disallow any rescript
that has been surreptitiously impetrated, along with pre15.25
21
25
26
JoVinuS.
22 alytarcha.
23 I, 10, 3.
24 Not extant.
CJ 7, 38, 3; II, 67, 2. Cf. 3, 1, 9, n. 24; Min. Sen. n. 25.
census, the tax assessment.
Lease of Emphyteutic Farms

scriptions of long time and the prejudice resulting from the
new tax list,6 and you shall thus restore to its own body
all those members 27 that have been torn away. For neither
any specious supplication to the Emperor nor long continued unlawful possession nor a new tax declaration has
ever been able to destroy the privileges inherent in Our
ownership.
Given on the fifth day before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustu-s.-March 28, 396.
16. The same Augustuses to Apollodorus.2 "

In the case of the various tax payments in kind of all the
landed estates which have been added to Our privy purse,
the greatest part has everywhere been appropriated by lawless persons. Although according to the order of the law,
fourfold restoration of that which was lawlessly appropri-
ated should have been demanded, nevertheless in conformity with the regulation of Our Clemency We decree that
from the day on which Our command is formally published, all frustrative defenses shall cease by means of
which the unlawful seizure that was committed is blamed
on the tax collectors, 29 and only that which is proved to
have been illegally seized shall be restored within three
months. But if any person should be so ungrateful for Our
grant of special favor that he should delay such restoration,
he shall be held liable to a double penalty. It is also Our
will that if any person is said to have betaken himself to
flight, he shall be held bound to the same condition, so that

unless within the established time he should restore what
he has illegally seized, to the amount of the said double
penalty, his landed estates shall be vindicated to Our privy

purse. The same penalty shall also bind the office staffs of
the various judges if, within the time limits established
above, they do not produce in court the tax collectors 29 who
are proved to have committed such illegal seizure, and the
right of action shall be reserved for the office staffs against
such fugitives. We also decree that the inactivity of judges8
in this matter shall be punished by a very severe fine.
Given on the twelfth day before the kalends of December at
-November 20, 399.

Patricius, Count of the Privy Purse.
With reference to the appointment of tax receivers, We
command that the arrangement of Your Sublimity shall be
valid, at the risk of the procurators of the imperial domain,
so that all corrupt solicitation' shall cease and all regula-
tions shall remain inviolate which have been established by

statute or commended by ancient custom with reference to
furnishing provender for animals and maintenance for the
10-3-1
TITLE 2: THE SALE OF BUILDINGS THAT
BELONG TO THE PRIVY PURSE AND THE
RESERVATION OF GUBERNATORIAL RESIDENCES (DE DOMIBUS AD REM PRIVATAM
PERTINENTIBUS DISTRAHENDIS VEL PRAETORIIS JUDICUM RESERVANDIS)
i. Emperors Valens, Gratian, and Valentinian Augustuses

to the Count of the Largesses.'
The fiscal representatives and the judges ordinary 2 shall
institute an auction, with the formality of the spears3 and
with free bidding, of those buildings which have been allowed to fall into ruins by the worthlessness of the procurators and the negligence of the fiscal representatives.
Of course, if there should be any such buildings throughout the various provinces as those that are officially reported to be in the municipality of Augusta Suitra4 or in
other localities, and if such buildings are superior and too
ample for private use, it is perhaps fitting that they be
preserved and assigned as mansions to the provincial
judges,2 who must provide for their repair.
Given on the seventh day before the kalends of October in the
year of the sixth consulship of Valens Augustus and the second
consulship of Valentinian Augustus.-September 25, 378.

Firminus,5 Count of the Sacred Imperial Largesses.
In order that no damage may be caused to Our treasury
by the neglect of the buildings belonging to Our patrimony,
situated in different cities, it is Our will that auctions shall
be . instituted and that all shall be sold. Moreover, We
command that palatines of approved fidelity shall go." Also
Your Sublimity shall admonish the judges ordinary 2 that
there shall be a reliable guarantee of prices and a just valuation of the buildings at the auction.
2.
Given on the kalends7 of November at Milan in the year of the

Eutychianus.-November i (October 27), 398.
TITLE 3: THE LEASE OF FARMS THAT ARE

SUBJECT TO EMPHYTEUTIC LAW AND OF
THOSE THAT BELONG TO MUNICIPALITIES
AND TEMPLES' (DE LOCATIONE FUNDORUM JURIS EMPHYTEUTICI ET REI PUBLICAE ET TEMPLORUM)
i. Emperor Julian Augustus to Secundus, Praetorian
Prefect.
(After other matters.) We command that their public
landholdings shall be restored to the municipalities, so that
they may be leased at fair rates, in order that provision may
1 Count of the Sacred Imperial Largesses, M.
military company,31 while all the ancient custom with reference to the peace officers and the military paymasters
shall be observed.
3 hastae, spears stuck in the ground as a symbol of an auction

conducted by the State.
Given on the third day before the kalends of January at Constantinople in the year of the ninth consulship of Theodosius Augustus and the third consulship of Constantius.-December30, 420.
of this municipality are uncertain. The text of this passage may be

corrupt. M. suggests: Augustensis Trajana, the modern Eski
Zaghra.
27 The parcels of land belonging to the imperial domain.

28 Proconsul of Africa. Cf. n. 25.
29
exactores, in the first passage, but exactores et compulsores
in the second passage, apparently with the same meaning.

1, 9.
Bt familia. Cf . 7, 4, nn. 4o, 68.
2 ordinariijudices, the governors of the provinces.
4 Augustensis
5 I, II, 2;
Suitranea Civitas. The exact name and location
II, 19, 4;
12,
6, 25;
10, 10, 22.
Firminus was Count of
the Privy Purse.

6 To the provinces where the buildings are located, to attend the
auctions.
7On the sixth day before the kalends.
30 CJ 10,
1Brev.
10, 2; CJ II, 71.
Or: . .. law, both those ... to temples.
[ 269
Lease of Emphyteutic Farms

10*3*1
2
be made for the reconstruction of all the municipalities.
Given on the fifteenth day before the kalends of February at
Posted on the idess of March at Constantinople in the year of the
consulship of Mamertinus and Nevitta.-March 15 (13), 362.
Constantinople in the year of the second consulship of Merobaudes

and the consulship of Saturninus.-January18, 383.
2.* Emperors Valentinian, Valens, and Gratian Augustuses

The right to lease landed estates and pasture lands of a
municipality shall be forbidden all decurions.5 The rule
also shall be observed that no decurion, even though from
another municipality, shall obtain farms or parcels of land
by a lease of this kind.
5. Emperors Arcadius and Honorius Augustuses to Messala, Praetorian Prefect.

Edifices, gardens, and courtyards of public buildings,
and those parcels of land of municipalities which are inclosed within the wall of the municipality or which adjoin"
the space immediately within and without the walls, 2 or
those parcels of real estate which belonged to temples, but
which were sought on petition by different persons or
which have been added to the property of Our eternal
household, or which are included within the territory of
municipalities, shall remain established in the possession of
the decurions, the members of the brotherhoods," and the
guilds14 of the various cities. The lease shall be perpetual,
there shall be no change in the regular tax which is proved
on full examination and investigation to have been assessed
upon it, and every attempt to lease that comes secretly from
other sources shall be rejected. Also the palatine office
staff s15 shall be subject to a fine of ten pounds of gold if
by their assent they should furnish to any person an opportunity to contravene the regulations of this sanction.
Given on the sixth day before the kalends of July at Trier in the
year of the consulship of Modestus and Arintheus.-June 26 (December 27), 372.
INTERPRETATION: License is denied all decurions to lease
fields and pasture lands of a municipality. The following
rule must be especially observed, namely, that under no
condition whatever shall a decurion, even though from another municipality, obtain the above-mentioned fields and
parcels of land, lest under a pretext of this kind he may
avoid payment of the services that are due to his municipal
council.
In accordance with the law 6 of the sainted Valentinian,
which established that when landholdings are once leased,
they must in no wise be transferred to other persons, you
shall not allow a prior chief tenant to be excluded by a
second tenant; but you shall order that the landholding
shall remain continuously in the possession of that tenant
who is proved to have obtained it by the prior right of
lease.
Given on the day before the ides of June at Thessalonica in the
year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-June 12, 380.
Given on the sixthl6 day before the kalends of December at Milan

in the year of the consulship of Stilicho and Aurelianus.-November 26, 400.17
6.18 The same Augustuses to Nestorius, Count of the

Privy Purse.
No palatine who serves in the office of Our privy purse
shall have the right to lease landholdings of this kind' 9 as
a chief tenant, either in his own name or through any other
person.
Given on the sixth day before the kalends of August in the year
of the consulship of Vincentius and Fravitta20 (Fravitus).-July
27, 401.
4.7 The same Augustuses to Nebridius, Count of the
Privy Purse.
Whenever a chief tenant is found to be in possession of
a farm that is derived from the public ownership or from
that of temples, there shall be joined to such field a less
productive field and an increase8 of a third shall be paid.
But if he should suppose that this regulation may be resisted, another tenant shall be sought, under the same conditions of rental payment; or if a voluntary tenant cannot
be found, then the parcels of land that are subject to the
aforesaid ownership, with the addition of the less productive fields and without the addition of the third" shall
revert to the original tenants,9 that is, the decurions or any
other persons, whoever they may be, and the tenants shall
furnish sufficient sureties.1 0
2 reparatio.
34 On the third day before the ides.

Ursacius, Count of the Privy Purse.
(After other matters.) We command that the estates
that are subject to emphyteutic right shall be leased in such
a way that the order of the Illustrious count of the privy
purse shall become null and that as great an allotment of
land shall be relieved from the obligation to pay rent as
other land has been relieved with respect to other public
burdens.21
I. With equal diligence We also decree that even if any
person should obtain a rescript from Our imperial altars
to the effect that another tax inspector must investigate the
parcels of land, the effect of such surreptitious action shall
be voided and only that regulation shall be valid which has
been defined by the general decision of Our highly approved tax equalizer and not perchance by corrupt solicitation15 of a special and partisan nature.
Brev. io, 2, I.
5 It was important to forbid the decurions to engage in any transaction whereby they might misuse their power or whereby they
might suffer financial losses. Besides, they were the administrators
of the property of their municipalities and would thus be leasing
such property to themselves.
6 Not extant.
7 CJ II, 59, 6. Cf. 5, II.
8 Or: A third addition, in valuation, assessment, or rent. The
text and translation are doubtful. M. suggests: a fixed increase.
9 possessores, landholders, possessors, tenants.
10 fidejussores, guarantors.
270
" municipality, except those which adjoin, M.

pomeria.
13 collegia, apparently equivalent to the guilds, corpora, n. 14.
12
14 corpora.
1- Typical bureaucratic corruption, 2, 29, n. I.
-6On the fifth, M.
17 1, 5, 13; 2, 14, 1.
1s CJ II, 73, 1.
19 Of the privy purse.
20 Thus spelled only here, elsewhere Fravitus.

21 Or: so far as some have been relieved from other public burdens
(functiones), equal compensation must be made to others by lower-
ing of the rentals. The translation of this passage is conjectural.
Caesarians
TITLE 4: OVERSEERS, PROCURATORS, AND

CHIEF TENANTS OF ESTATES OF THE
PRIVY PURSE' (DE ACTORIBUS ET PROCURATORIBUS ET CONDUCTORIBUS REI PRIVATAE)
1.2 Emperor Constantine Augustus to Philippus, Vicar of
the City.
If any person should be harassed by an overseer or a
procurator of Our privy purse, he shall not hesitate to
lodge a complaint with respect to the chicanery and depredations of such overseer or procurator. If such complaint
should be proved, We sanction that the person who dared
to contrive anything against a provincial shall be publicly
burned, since graver punishments3 must be established
against those who are directly subject to Us and who ought
to guard Our mandates.
Given on the third day before the nones of March at Heraclea in
the year of the third consulship of Constantine Augustus and of
Licinius.-March 5, 313;4 326.
INTERPRETATION: If any person should be harassed by
the wicked wrongdoing of an imperial overseer or a procurator, he must hasten to the Emperor on account of their
chicanery and depredation. If such crimes can be proved,
it is the imperial pleasure that those persons shall be burned
alive who have dared to commit such deeds against the provincials, because it is the will of the Emperors that a more
severe penalty should be established in the case of those
persons who are directly subject to the imperial power
and whose duty it is to observe the imperial mandates.
2.- Emperors Valentinian and Valens Augustuses to Severus, Vicar of the City.
We learn that the sainted Julian issued a most competent
decree' to the effect that overseers of the estates of Our

privy purse must not be terrorized by the threat of compulsory public services or afflicted with injustices which
very often the governors7 of the provinces have imposed by
their decrees, induced thereto either by the illicit arrogance of the chief decurions or by the special decrees of
the municipal senate. We do so approve said decree that
We order it to be ratified.
Given on the eleventh day before the kalends of August at Milan
-July 22, 365.
INTERPRETATION: It is absolutely certain that the Em-
peror Julian issued a good and salutary decree to the effect

that overseers of the estates of the imperial household
should not be harassed by the threat of any compulsory
public services or exhausted by any wrongs which the governors7 of provinces are often accustomed to do on the
recommendation of the chief decurions. We judge that said
1 Brev.
io,
3; CJ 1I,
72.
Brev. IO, 3, I; CJ 3, 26, 9; II, 72, I. Cf. 3, 1, 9, n. 24.

s Than those against ordinary persons.
4 Since Constantine was not at Heraclea in 313, and did not visit
the Eastern part of the Empire until after the defeat of Licinius, the
subscription is corrupt, unless this constitution was issued by Licinlus.
5 Brev. 10, 3, 2.
6 Not extant. Cf. Min. Sen., n. 24.
2
10*7*1
constitution dealing with this situation is so reasonable and

necessary that We order it to remain valid.
3. The same Augustuses to Crescens, Vicar of Africa.
Your Sincerity shall know that if the presence of coloni
or chief tenants of Our privy purse is requested, in criminal cases they must be produced through the fiscal representative, but for civil cases the defender of Our household must assist.'
Given on the day before the nones of April at Alteium in the year
of the consulship of Valentinian and Valens Augustuses.-APril 4,
370; 373.
TITLE 5: WHICH CHIEF TENANTS OF THE

ESTATES OF THE PRIVY PURSE ARE NOT
REQUIRED TO FURNISH SURETIES (QUI
CONDUCTORES REI PRIVATAE FIDEJUSSORES EXIGI NON DEBENT)
I. Emperors Arcadius and Honorius Augustuses to
Eulogius, Count of the Privy Purse.
We confirm by Our authority also whatever was contained in the order' of Our sainted Father, 2 Valentinian
the Elder, with reference to the estates of the privy purse.
Therefore, his command must be observed, that counts of
the consistory should not give sureties when they receive
landholdings; this decree was also followed by the sainted
Gratian.
Given on the third day before the kalends of May at Milan in
consulship of Eutychianus.-April 29, 398; 396.
TITLE 6: THE IMPERIAL HERDS' (DE GREGE

DOMINICO)
1.2 Emperors Arcadius and Honorius Augustuses to Caesarius, Praetorian Prefect.
The smallest and the greatest shall be admonished by
edicts posted by Your Sublime Magnificence, that they may
know that from their own property a pound of gold will be
exacted for each horse or mare, whether Hermogenian or
Palmatian,3 appropriated by them, unless they voluntarily
surrender these animals; and six ounces of gold shall be
paid into the account of the fise for each animal that is
proved to have been appropriated from the other herds.
Given on the day before the kalends of December at Constantinople in the year of the consulship of Olybrius and ProbinusNovember 30, 396-397.4
TITLE 7: THE CAESARIANS

ANIS)
I.
(DE CAESARI-
Emperor Constantine' Augustus to the Bithynians.

As long as Caesarians are employed in actual service,
8 adesse, be present, assist.
I Fragments of this constitution seem to be preserved in 7, 7,
and CJ 1I,
1-2
71, I.
2 parens, Const., n. 5.
1 CJ II, 76.
2 CJ II, 76, I.
8 15, 1o, I, n. i.
Rufinus, Praetorian Prefect, was executed November 27, 396,

and was succeeded by Caesarius.
4
1 Since this constitution was given to the Bithynians, it seems to

have been issued by Licinius unless the date is incorrect, 1o, 4, n. 4.
271 1
Caesarians
10-7-1
they must not be admitted to the high rank of Most Perfect
3.10 The same Augustus to Severus, Prefect of the City.
or that of ducenarius or of centenarius or of Egregious.
Those persons shall not be disturbed to whom We have
But if they have blamelessly completed their service and
presented anything for their labors and merits, but they
are free from any obligation in their fiscal accounts,' they
shall remain in possession of their rights, that is, without
shall enjoy such high rank which will be given them by
the annoyance of any suit. The originator of any action
Our judgment.
who attempts to occasion such a disturbance shall be preGiven on the twelfth day before the kalends of August in the
sented before your court, so that without molestation of
year of the consulship of Gallicanus and Bassus.-July 21, 317.
the person in possession he may establish his rights by
manifest proofs. In this situation you yourself shall assume
the role of defendant," since the fruit of Our liberality is
being attacked. For by this law We sanction that if any
The Caesarians must not be summoned to the burden
person should enter such complaints, he shall prove his
of any guild unless We are consulted. Therefore if they
rights in accordance with the aforesaid regulation, and
should appear to be necessary to any guild, the matter
whatever shall be learned shall be referred to Our Wisdom,
shall be referred to Our Clemency, so that in accordance
in order that the ownership of those in possession shall
with Our decree they shall be ordered to be assigned to
remain secure, since the stability of their possession has
those guilds for which Our Clemency observes that they
been acquired in perpetuity, as We have said. It shall behave been most reasonably requested.
come a matter for Our deliberation to decide in what way
Given on the tenth day before the kalends of May at Sirmium in
those persons who prove their allegations must be assisted
from other sources by a special grant of Our Clemency.
-April 22, 364;3 July 23, 364.
TITLE 8: OWNERLESS
BONIS VACANTIBUS)
PROPERTY'
(DE
1.2 Emperor Constantine Augustus to the Most Perfect

Aemilius, Fiscal Representative.
If at any time Our annotations should contain the provision that a landholding or a house which We have presented has been granted with "integral status,"' this expression, as We formerly used to write, shall have the
following force: "with the appurtenances and the slaves
and the flocks and fruits4 and with all the rights thereunto
appertaining," so that delivery must be made of all that
which pertains to the equipment of said landholding or
house.
Given on the sixth day before the ides of March at Milan in the
year of the third consulship of Constantine Augustus and of Licinius.-March 10, 313.
The same Augustus to Priscus, Fiscal Representative.

In order that no person may circumvent 5 the imperial
liberality and lay claim to the ownership of property that
belongs to another, We order that whenever, in accordance
with the commands of the law, your office has appropriated
the property of any person, complete inventories of said
property shall be sent to Our retainer,' the Most Perfect
count,7 in order that the property may not be diminished by
the fraud of the Caesarians8 or that any of it may not be
denied on oath' to those persons who petition for it. A penalty has been established against the fiscal representative
and against his office staff if they should allow' a petitioner
to take possession of that which has been granted him before the aforesaid inventories have arrived.
2.
Given on the fifth day before the ides of March at Sirmium in the
year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-March II, 319.
Or: and are free from any obligation in the judgment of the fisc.
3 Valentinian was not at Sirmium on this date.
2
Read in the palace on the third day before the nones of August in
consulship of Constantius Caesar.-August 3, 326.
INTERPRETATION: Those persons shall not be disquieted

to whom We have given anything in return for their labors,
but all that property which We have given them shall remain under their ownership. The person who wishes to
disquiet them shall be haled to a hearing of the court,
without any disturbance of the person in possession. The
defendant12 shall be able to confirm his right, and all that
which transpires in this matter between the aforesaid
parties shall be referred to Our knowledge, in order that
the person disquieted"3 shall be assisted by Our help.
4. Emperor Constantius Augustus to Juvenal, Fiscal Representative of Numidia.

Although on the petition of very many persons We have
generously granted to them the property of those who supported the public enemy1 and who have paid the due penalty in battle, nevertheless it is Our will that the petitioners
shall have the gold, silver, urban slaves, vestments, and all
other movable property, in so far as such petitioners have
already obtained such property or may impetrate it in the
future; but the rustic slaves, landholdings, and houses shall
belong to the fisc, at the instance of your office. Also those
persons who are known to have appropriated such property
shall surrender it, so that this constitution shall be valid
both for the past" and for the future.
Given on the fifth day before the ides of June in the year of the
fourth consulship of Constantius Augustus and the third consulship
of Constans Augustus.-June 9, 346; 353.
Hermocrates, Count of the Privy Purse.

If ownerless and caducous property, which has been reported according to law to the treasury, is said to be in
Achaea, trustworthy palatines shall be selected, bound by
10 Brev. 10, 4, I; Nov. Anth. 3.
1 io, 9; Brev. 10, 4; CJ 10, 10. Cf. 10, I, n. 2.

2 CJ IO, 10, 2.
3 integer status.
5 praevenire, circumvent, anticipate.

amicus.
Typical bureaucratic corruption, 2, 29, n. I.
9 That the existence of such property might not be denied under
oath.
4 fructus, fruits, usufructs.
6
8
partes reluctantis.
Reading pulsatus. Or: the plaintiff, reading pulsator.
1s inquietatus, the original owner who had been dispossessed.
14 Constantine II, the brother of Constantius and one of the three
Emperors appointed by Constantine I at his death.
11
12
12, I, n.
16 CJ 10, 10,
154,
4; I, 1, 3, n. 14-
5.
272
10-10-2
Petitions, Property Granted Voluntarily; Informers

an oath, and sent to the place, in order that at their instance
the Respectable proconsul, in the presence of the advocate
of the fisc, may diligently inquire whose patrimony is ownerless and caducous, and what appears to be the extent of
such patrimony and its nature. When an opportunity is
given to oppose the claim of the fisc 7 and it appears that
no person rightfully possesses or vindicates such property
and it also appears that the way is open for the claims of
the treasury, both by the report of the proconsul himself
and by the trustworthiness of public documents, an inventory of the property shall be made known to Us. Thus by
Our command the ownerless and caducous property shall
be occupied in the name of the treasury, and those who
petition Us for such property thus finally may obtain a
legally authorized response, if it should so seem best; but
We decree that their petitions shall neither be accepted nor
formally drawn up before the procedure has been undertaken in the aforesaid order. This general rule shall also
be observed in the case of a portion of an estate, in the
case of individual pieces of property, and in the case of one
or more rights of action. For if any misdeed should be
committed through fraud,8 to the prejudice of the treasury,
those persons who were sent as enforcement officers shall
be mulcted the half of their property, and the proconsul
shall not escape Our indignation. Likewise, the advocate
of the fisc shall be compelled to make good the loss which
was inflicted upon the fisc by his fault, or if the advocate
of the fisc should unjustly bring suit against any person,
he shall be punished by the restitution of the expenses and
damages."' Furthermore, petitioners for such property
shall be deprived of all fruits of their petitions.
Given on the seventh day before the ides of October at Constantinople in the year of the fifteenth consulship of Our Lord
announced.-October 9, 435.
TITLE 9: INCORPORATIONS' (DE INCORPORATIONE)

Emperors Valentinian, Valens, and Gratian Augustuses
to Florianus, Count of the Privy Purse.
If at any time any property must be added to Our privy
purse, either by confiscation of anything or by due operation of law, the incorporation' shall be duly and formally
completed through the count of the privy purse and then
through the fiscal representatives who are stationed in the
various provinces, and a diligent pen shall specifically list
all separate pieces of property. But without public attestation no notices shall be posted, by the affixing of which
landed estates shall be consecrated to Our names. If any
person should attempt anything of this kind by his own
usurpation, he shall be immediately subjected to the
severest penalties.
1.2
Given on the fourth day before the kalends of April in the year
of the consulship of Emperor Designate Valentinian and of Victor.
-March
29, 369.
Emperors Arcadius and Honorius Augustuses

Eulogius, Count of the Privy Purse.
2.
to
If any person should obtain caducous and ownerless

property from Us along with its gold or silver, an occurrence which is especially rare, for such property is more
commonly granted with the exception of the gold and
silver, after the grantee has filed his allegation of the
special grant of imperial favor, the fisc shall obtain the
incorporation and the delivery of all the property, that is,
both immovables and movables, or to speak most fully, of

all the urban4 estates, buildings, slaves, animals, silver,
gold, ornaments, clothing, and money. When all the property has been duly listed in the inventories of the palatine
office, all pieces of property that are found shall be reported to Our ears. Nor shall any of this property come to
a petitioner until, by the official report' of Your Sublimity,
Our Clemency shall be informed and shall grant the delivery by a secondary order of Our former liberality. Thus
unless the grant has been confirmed anew by Us, whatever
appears to have been impetrated shall be invalid.
Milan in the year of the consulship of Olybrius and Probinus.November 14, 395

Largus," Proconsul of Africa.
We decree that in accordance with long-established custom the incorporation of property- shall be accomplished
before effect is given to a petition for said property, and
We also order that the matter shall be brought to the notice
of the Illustrious count of the private largesses by the fisc
after it has taken possession of the property.7 But We
grant this advantage to petitioners for these goods, namely,
that what was to have been obtained by a second supplication to Our Clemency may be demanded of His Sublimity"
without awaiting the special grant of imperial favor. (Etc.)
Given on the fifth day before the ides of October at Ravenna in
the year of the twelfth consulship of Honorius Augustus and the
eighth consulship of Theodosius Augustus.-October 11, 418.
TITLE 10: PETITIONS,' PROPERTY GRANTED VOLUNTARILY, AND INFORMERS2 (DE

PETITIONIBUS ET ULTRO DATIS ET DELATORIBUS)
i. Emperor Constantine Augustus to the People.
(After other matters.) With reference to informers We

have already issued fixed decrees,3 and if any person
should contravene such decrees, he shall receive capital
punishment.
Posted on the fifteenth day before the kalends of February in
the year of the third consulship of Constantine Augustus and of
Licinius.-January 18, 313.

The accursed ruin caused by informers, the one greatest
evil to human life, shall be suppressed; at the beginning of
an attempt it shall be strangled in the very throat, and the
2.'
4 rustic and urban, M.

5 suggestio, an official report, usually with recommendations.
6
Prefect of the City, ms. V.
7 de possessore jam fisco, the literal meaning seems to be: "from

17
18
By those who claim rightful ownership.

That were inflicted upon the person whom he unjustly sued.
0io,8; CJ io, 1o. The title deals with the incorporation of property into the holdings of the fisc. Cf. io, I, n. 2.
2 CJ 10, 10, 3.
3 tituli, notices of title, affixed to landed estates.
the fisc, now the possessor." The translation is conjectural.

8 The Illustrious count of the private imperial largesses.
1 For caducous and ownerless property, Io, I, n.
2 Brev. 10, 5; CJ Io, 11-12.
8 13,
2.
IO, i seems to be a fragment of this constitution.

10, 5, I.
4 Brev.
273
10-10*2
tongue of envy shall be cut off from its roots and plucked
out, so that judges shall not grant a hearing at all either
to such calumny or to the voice of an informer, but if any
informer should arise, he shall be subjected to the capital
penalty.
Given and posted in the Forum of the sainted Trajan on the
kalends of December in the year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-December I, 319; 312.
INTERPRETATION: Those persons are called informers
who either betray the property5 belonging to others or who
attack another man's life.6 If any person should arise as
an informer of anything whatever, in the very beginning of
his betrayal he shall be immediately arrested by the judge
of the district and strangled. His tongue shall be cut out
by the roots and removed, so that neither the calumny nor
the voice of such a potential betrayer may be heard.
We command all judges to be vigilant and to inflict

punishment upon informers. For it is a very clear principle
of law that if anything from the patrimony of any person
should become caducous, it shall be vindicated by an action
brought by the advocates of the fisc in accordance with the
statutes and the former order of the law. But since some
precipitate persons do not hesitate to report patrimonies
that are possessed in accordance with the law, We grant to
all persons who consider themselves wronged the right to
implore against the informers the severity of the judges
who are armed with the sword. For no person is better able
to recognize an informer than the one who has suffered
injury through his wickedness.
Given on the eleventh day before the kalends of April at Constantinoplein the year of the consulship of Constantiusand Albinus.
-March 22, 335.
INTERPRETATION: As custodians of justice We prosecute
the name of informer, so that when informers are recognized and convicted, they shall be punished with the sword.
9
4.8 Emperor Constantius Augustus to Celsinus, Praetorian
Prefect.
In order that We may establish innocence securely and
prohibit the audacity of certain persons, We promulgate
this edict, to the effect that no license shall be permitted
against the fortunes of men by the lodging of secret information.
Given on the day before the ides of June at Viminacium in the

year of the consulship of Ursus and Polemius.-June 12, 338.
5. The same Augustus to Callepius, Fiscal Representative

for Three Provinces.
The ownership"o of imperial grants of property shall be
delivered to those persons who are proved to have priority
by the date of their imperial grant.
Given on the fourth day before the nones of February at Nish
in the year of the consulship of Acindynus and Proculus.-Febru-
sainted father from the property of the privy purse shall

be valid.
Given on the eighth day before the ides of April at Szombathely
(Savaria) in the year of the third consulship of Constantius Augustus and the second consulship of Constans.-April 6, 342; 339.
7. The same Augustus to Eustathius, Count of the Privy

Purse."
No palatine shall be allowed to accept formal chargesl 2
of informers with regard to property as subject to the
right of Our privy purse,18 nor shall an informer be
granted access to Our imperial court or to the office of
Your Sublimity until a judge ordinary1 4 has undertaken an
investigation, has proved that the claim of the informer
is true, and has referred the matter to Your Sublimity.
Given on the ides of May at Trier in the year of the consulship
of Amantius and Albinus.-May 15, 345.
8. The same Augustus to Orion, Count of the Privy Purse.

If any person should receive anything as a result of Our
bounty, he shall come into court with his informer, he shall
take his stand in accordance with the law,' 5 and he shall
prosecute the case, so that the assertion of the informer
may disclose that the property is due to the fisc. However,
suitable severity shall be exercised against those persons
who report the patrimony of anyone and affirm that it belongs to the control of Our fisc, unless such informers are
able to prove what they have charged. Therefore, the
consequence shall be that petitions that are not in accordance with the law shall be removed from the courts, and
no person shall be subjected to fear if he possesses his own
property in accordance with the law.
Given on the third day before the nones of March at Sirmium in
the year of the sixth'6 consulship of Constantius Augustus and the
consulship of Constans Caesar.-March 5, 353; 352; 346.
9. Emperors Valentinian and Valens Augustuses to the

Provincials of Byzacium.
(After other matters.) If any person should request of
the imperial munificence any property whatever on the
ground that it is caducous, he shall not otherwise obtain
fulfillment of his petition unless he is able to publish 7 the
names of his informers.
Given on the day before the ides of September at Aquileia in the
year of the consulship of the sainted Jovian and of Varronianus.September 12, 364-18
io.1' The same Augustuses to the Provincials of Africa.

With Our judicial equity We prosecute the enemies of
the human race to such an extent that We command that
those persons pronounced to be informers shall be punished
by the sword.
year of the consulship of Valentinian and Valens Augustuses.February 4, 365.
[INTERPRETATION:]
This law does not need any inter-
pretation.
ary 2, 340.
6. The same Augustus to Eusebius, Count of the Privy

Purse.
We command that the grants that were made by Our
5To the fisc, as being caducous or ownerless.

6 caput, head, life, legal status.
7 Brev. 10, 5, 2; CJ 10, II, 5.

9 Proconsul of Africa, 12, I, 27, n. 63.
* Edict Theod. 50.
10 dominium, ownership, control, dominium.
274
ii. Emperors Valentinian, Valens, and Gratian Augustuses to Alexandrianus, Count of the Privy Purse.
Whenever perchance We are besieged by the greed of
12 libelli.
1, 1.
As caducous or ownerless property.
14 The governor of the province.
15 Delete: in accordance with the law, M.
17 By instituting suit in court.
16 The fifth, CJ 6, 22, 5, G.
1x
13
2,
"s5, 15, 16.
Brev. 1o, 5, 3.
19o

petitioners for Our largess of ownerless and caducous
property, first of all your written documents must be issued. For reliable persons shall also be dispatched who
shall wisely investigate everything: who the previous
owner of the property was and whether anybody strives
justly to retain this property for himself. If it should
become clear that the way is open for the fisc, the property
shall first be occupied, an inventory of all the items shall
be completed, and the wisdom of Our Serenity shall be
immediately informed, so that We may determine what
must be decided in accordance with the order of the law.
Given on the third day before the ides of December 20 at Marcianopolis in the year of the consulship of Emperor Designate Valentinian and of Victor.-December II, 369.
If any person from this present day henceforth should
request property as caducous and should receive such
property through the consent of Our liberality, he shall not
file the rescript nor be granted a decision nor, finally, obtain effective execution, until he brings into court the person who he asserts was the informer as to the patrimony
which he has requested for himself. We command that this
procedure shall be observed not only in a general petition
for entire estates but also if fields or ownerless country
districts or, finally, any rustic or urban estates"1 are requested separately, and also in the case of any such property that is customarily seized individually under the pretext of a grant of imperial generosity. Thus if the informer
cannot maintain his case, he shall receive the punishment
provided by law.
I. Indeed, it shall not be sufficient for the informer to
be brought into court at the time when the rescript is
filed and the grant of imperial generosity is published, but
he shall be dispatched to that province or those provinces
in which are located the patrimonies which he has reported, so that he may organize the action of the person
who depends upon the grant of Our liberality and in
whose honorable status the informer has involved himself
through the alluring service of an unjust information. 2 2
Thus, of course, with the greater applause of everybody
the informer's chicanery shall be detected, and expiation
shall be made to the public severity by his punishment in
the place where the fortunes of a safe and secure property
owner were jeopardized.
2. Also to Our profession of hatred with which We execrate all informers, We add that if the same person should
be found to be an informer for the third time, even in good
cases, after the victory of his third betrayal, he shall be
subjected to capital punishment.
Given on the third day before the kalends of February at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-January 30, 380.
13. The same Augustuses: An Edict to the Provincials.
If any person should receive property granted by Us,

either detached fields assigned separately or ownerless rural
estates, either rustic or urban," at the time when he files
the rescript, he shall first bring the informer into court
The day is doubtful on account of the dates of the counts of the
privy purse.
21 praedia, either lands or houses.
22 Of property alleged to be caducous or ownerless.
20
10-10*15
before the Illustrious count, 28 and then he shall conduct the

informer to the province or provinces, so that the informer may indicate the property which he has reported
by the proofs that are there present.24
Also induced by Our hatred of informers, We supposed
that a decree 2 5 should be issued to the effect that even if an
informer should report true cases in his information, after
the third victory of such reports he shall be stricken with
capital punishment.
Given on the day before the kalends of September at Thessalonica
consulship of Theodosius Augustus.-August (January) 31, 380.
14. The same Augustuses to Pancratius, Count of the

Privy Purse.
No person can have a share in any special grant of imperial favor issued by Us, unless first, with Our assent,
he obtains a writ2 6 from the office that obeys your merit.
Given on the twelfth day before the kalends of October at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-September 20, 380.
15.17 The same Augustuses to Eutropius, Praetorian Prefect.

If any person should be apprehended in the crime of
high treason and punished therefor, and if the fisc should
appropriate his goods, as is customary in the punishment
of this crime, nobody shall dare to request the aforesaid
property for his ownership in the hope of imperial munificence. If contrary to this law any person should dare to
form such illicit hopes, he shall be held guilty of violation
of the law. But since very often in some cases We are so
constrained by the shameless greed of petitioners for such
property that We even grant requests that should not be
allowed," no place shall be left, even for Our rescripts, as
against the general rule of this law as issued. If, however,
it should be Our will to grant anything from such property
to anyone in accordance with Our judgment, without the
request or demand of any person, only in a case of this
kind shall Our liberality be valid.
Given on the sixteenth day before the kalends of December at
Thessalonica in the year of the fifth consulship of Gratian Augustus
and the first consulship of Theodosius Augustus.-November 6,
380.
If any person should be discovered as

guilty of the crime of high treason and should be punished,
the fisc shall acquire his goods, under such conditions that
no person shall dare to request any part of said property
for himself as though by right of imperial munificence. If
he should suppose that contrary to the law he may request
anything, he shall not receive that which he requested, and
he shall be considered as a violator of the law. However,
if without any petition and by Our own judgment We
should grant anything from such property to anyone, such
a gift shall remain valid.
INTERPRETATION:

24 Or: to the persons that are there
present.
25 10, 10, 12.
26 instructio, a full statement of the case together with the

essential documents; writ; inventory.
27 Brev. IO, 5, 4; CJ 10, 12, I.
28 One of the many evidences of imperial helplessness
before the
claims of powerful men throughout the Empire, Min. Sen., n. 25.
E 275
10*1o*16
16. The same Augustuses to Nebridius, Count of the

Privy Purse.
No person without the greatest sacrilege shall suppose
that he may request possessions of such great value and
with such an extent of buildings that they are more suitable for palaces than for landed estates, and he shall understand that he must avoid this name29 to such an extent
that he shall fear the disrepute of sacrilege even though he
should be deceived by his ignorance and should fall into
its toils, since in the matter of such petitions,"o that person
must always be on his guard who is scrupulous 3 1 in cases
of impetration. Therefore, Your Laudable Experience
shall establish for your office a heavy penalty by such a
regulation,32 if ever your office should deceive any person
by the preparation of a writ 2 6 and with nefarious collusion
should conspire with any petitioner. You shall deprive the
petitioner also, as one apprehended in crime, of the effectiveness of the special grant of imperial favor that he
has obtained.
Given on the thirteenth day before the kalends of June at ConConstantinople in the year of the consulship of Antonius and Syagrius.-May 20, 382.
17.3 The same Augustuses to Panhellenius, Governor"
of Lydia.
We command that a slave who is an informer against his
master shall be subjected to a very severe sentence, as an
example to all betrayers, even if he should prove his
charges.
Given on the seventh day before the kalends of November at
Constantinople in the year of the consulship of Antonius and Syagrius.-October 26, 382.
[INTERPRETATION:]
This law does not require any inter-
pretation.
I8. The same Augustuses to Nebridius, Count of the
Privy Purse.
Although the external form of a petition may be admitted for some reason or because of the time,"5 according
to Our statutes it must not be heard until the informer has
been disclosed and been constrained by the appropriate
punishment.
Given on the third day before the kalends of September in the
Saturninus.-August 30, 383.
19. Emperors Valentinian, Theodosius, and Arcadius Augustuses to the Senators of the City of Alexandria.
Whereas, We are moved by Our zeal for your security
and animated by the just claims presented by your public
delegation" to Us, We have delivered to the Most Noble
and Illustrious Cynegius, Praetorian Prefect, a letter commanding him that wherever he may find informers, he shall
prosecute them with appropriate punishment, even if he
has already inflicted upon them the suitable penalties by
his own sentence, and that everything shall remain es29
Of sacrilege. Cf. Const., n. ii.
30 For property as being caducous or ownerless.
81 curiosus, scrupulous, careful; too eager, officious.

2 As We have prescribed. Cf. 2, 29, n. I.
3 Brev. 10, 5, 5; CJ io, II, 6.
5 Prescribed by statute for lodging such petitions.
86 necessaria legatio: a delegation imposed as a compulsory public
service on those who were chosen to appeal to the Emperor, 12, 12.
Senators, as the wealthiest class, were often victimized by trumpedup charges of informers, Min. Sen., n. 52.
tablished as the aforesaid Illustrious Prefect has decided
with reference to the possessions and lands which have

been hitherto disturbed by the aforesaid name of informer.
Therefore, live secure, and so hold, cultivate, and stock"
your patrimonies as is demanded by your affection for this

auspicious era."
Given on the sixth day before the nones of March at Constantinople in the year of the third consulship of Valentinian Augustus
and the consulship of Eutropius.-March2, 387.
Emperors Theodosius, Arcadius, and Honorius Augustuses to Flavianus, Praetorian Prefect.
20.
Landholders are denied any peace by the fact that very

many persons are reporting vagrant slaves, clandestine
trusts," and ownerless and caducous property. Therefore
We command that a vigilant watch shall be instituted, at

the risk of all the office staffs, that the vicars and judges
ordinary 4 shall also be admonished, under ,the published
penalty which shall seek not their property but their blood,
that they shall not accept any rescript of Our Clemency, 40
not even if a special annotation should be produced in court
with reference to the matter, unless the informer is also
brought into court. Judgment shall first be rendered with
reference to his intention and his undertaking, after the
proofs have either been completed or abandoned, according
to the regulations of the laws 4' which were formerly issued on this matter by the sainted Emperors.
Posted on the sixth day before the ides of April in the year of
the second consulship of Arcadius Augustus and the consulship of
Rufinus.-April 8, 392.

Laurentius, Count of the Privy Purse.
This limitation shall be placed on those persons who request property,4 2 namely, that no person, when offering
supplications to the Emperor for such property, shall make
mention of gold and silver in his petition. This limitation
shall not be established generally against all persons, and
We decree that such requests4 3 shall be reserved for the
highest dignitaries, even down to the assistant chief of
office staff of the imperial secretaries. All others shall be
restrained from such license, lest while Our bounty is
excessively extended, the public welfare may be neglected;
and so if any person after the issuance of this law should
adduce the text of an impetrated petition, it shall be denied
effect and he shall be frustrated.
Given on the eighth day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-April 24, 396.
The same Augustuses to Firminus, Count of the Privy

Purse.4 4
We revive the statutes of Our sainted father, and by
Our eternal law We sanction that fifty pounds of gold
shall be exacted from the resources of the palatine office
22.
87 frequentare, to stock, fill, visit often.

3 The loyal subjects of the Empire must be grateful to the Emperor for their good fortune, since it was considered a crime akin
to treason for anyone to be a disparager of the times, obtrectator
temporum, 9, 4, 1.
9 tacita fideicommissa, trusts given secretly in order to evade
the law.
40 By means of which such property is granted by the Emperor.
41 1o, 10, 1-4, 7-10, 12-13, 17-19.
As ownerless or caducous, 1o, I, n. 2.

For gold and silver.
4Or:
Count of the Sacred Imperial Largesses,
42
43
E 276 ]
10, 2, 2,
n. 5.

staff if they should allow divine imperial rescripts to be
filed before the informer has been brought into court.
Given on the sixth day before the kalends of November at Milan
consulship of Eutychianus.-October 27, 398.
23." The same Augustuses to Studius, Count of the Privy
Purse.
No person shall suppose that within two years he may
request the property of proscribed persons or of those who
appear to have received a public sentence. Persons shall ref rain from petitioning for such property within that period
of time, either in order that any person may recover his
own property, if by Our imperial humanity We should alleviate his very hard circumstances and his very sad fortune, as is Our inborn nature, or, finally, in order that a
person may request such property when it is recognized
that he seeks property which now belongs to the fisc rather
than to a proscribed person. If any person, however, should
suppose that before the end of two years he may petition
for the goods of a proscribed or deported person, he shall
forfeit the fruit of Our august liberality. Thus such petitions shall not be prepared, or if they should be rashly
prepared and should elicit Our liberality under the munificence of a special grant of imperial favor, whatever is
granted shall have no force.
Constantinople in the year of the consulship of Vincentius and
Fravitus.-January19, 401.

In accordance with the sanction46 of the glorious Emperor Constantine, which We also corroborate by this law,
in the case of those landholdings which are requested of
Our generosity, as though they had been withdrawn from
the property of Our patrimony, of a municipality, of a
temple, or of any such title, the outrageous name of informer shall entirely cease.47 All men shall refrain from
such nefarious petitions, knowing that they shall be able
to obtain no gain from this source but that as violators of
this decree, they shall incur the punishment for sacrilege.
Given on the eighth day before the ides of November in the year
of the second consulship of Stilicho and the consulship of Anthemius.
-November
6, 405.
25. The same Augustuses4 8 to Theodorus, Praetorian Prefect.

When an incursion of the barbarians was expected
throughout parts of Illyricum, a numerous band of the
inhabitants sought homes elsewhere, but the persistent
greed of petitioners is accustomed to make assaults against
the freeborn status of these persons and illicitly seeks to
impose upon them the yoke of slavery. Therefore Your
Sublimity shall recognize that We have prescribed that
no person shall be permitted to petition for any Illyrian
who either lives in his native land or who has been received
by any other land whatever.
Given on the fourth day before the ides of December at Ravenna
in the year of the consulship of Bassus and Philippus.-December
10, 408.
45 9, 42, 17.
Not extant.
47 That is, there shall be no informer.
48 Should be Emperors Honorius and Theodosius Augustuses.
46
10*10-27

Maximus," Count of the Privy Purse.
We confirm the constitutionso of previous times, so that
if any person should contend against Our repeated regulation, he shall know that he will forfeit the fruit of his
impetration. Nor shall any person be allowed the freedom
of judgment to transgress the requirements for the formality of a writ 26 and demand anything wrong from Our
Clemency, since it is necessary that by the light of the
writ, 26 that which is granted by Our munificence shall be
clearly recognized and its estimated value and merit shall
be weighed. 5 1
of the tenth consulship of Honorius Augustus and the sixth consulship of Theodosius Augustus.-JUIly 25, 415.
27. The same Augustuses to Largus,62 Proconsul of Africa.

If any person after the present day should suppose that
he may petition for any property whatever on the ground
that it is caducous, and if he should obtain such property
by the consent of Our generosity, whether he depends on
the authority of a rescript obtained by supplication or on
a specially elicited letter of express"3 annotation, when he
arrives at the transmarine province or provinces in which
the said patrimonies are located and receives a denial of his
claim' 4 by the owner who defends his own property
through any person whatever, execution against the property shall be suspended, so that the claimant shall not carry
into effect the special grant of imperial favor which he has
obtained and, if the owner pledges his appearance, the
claimant shall not compel him, unprepared for the journey,
to come to the imperial court.
i. On the contrary, the defendant shall know that the
space of an entire year has been granted to him, in order
that he may have sufficient time for preparing documentary
proofs" for the proper defense of his case, and for setting
in order his household which he is leaving. Nor shall the
defendant be constrained to lose an ownership of long
standing by the outrage of precipitate haste, but he shall
be protected by the public assistance of all the judges whom
the nature of the district requires to be implored, so that
he may not be delivered as prey to the greedy. 2. But if in
accordance with his own wish a more extended delay perhaps should please him and he should not hasten to the
court of the Illustrious count of the privy purse within the
limits of the year which We have established, he shall
know that he has pronounced sentence against himself, nor
shall he attempt the fortune of undergoing a further con-
test.56
3. But if he should be besieged by the onset of his antagonists and should not be free to proceed or to arrive at
the imperial court within the aforesaid time limits, he shall
have the right to attest a complaint before any judge whatever. When he has manifestly proved his case, he shall be
freed of the prejudice arising from the delay which was
49 CIL
6,
1749.
50 10, 9, 2.
This passage is obscure and the translation conjectural.

The text may be corrupt. M. suggests: writ, the estimated value
and merit may be weighed, in order that it may be granted by Our
munificence.
52 Prefect of the City, ms. V.
53 expressus, express, expressed, extorted. Cf. n. 28.
54 contradictio.
55 tractatus.
56 Or: of undergoing the contest any further.
51
[ 277
10-10*27
not caused by his fault, and he shall obtain suitable punishment of the author of the conspiracy.
4. Of course, above all else he shall observe this measure
of prudent caution, that within the statutory time limits
he shall come and prove his legal standing, 7 and he shall
not make his defense as a mocker of another person's interests or as an evader of a future trial.
5. When indeed petitioners thus seek any property"
within adjoining or neighboring provinces and an opponent
to their claims can be found, We command that from the
day when notice of suit was brought to the knowledge of
the defendants, a space of six months shall be observed
for providing a hearing between persons of legal standing"7
and for properly conducting the legal conflict between the
parties. The assertor of his own right must await the outcome of this examination.
6. We also defend the goods of the living from the
license of being sought as caducous property, if they are
proved neither to have been convicted in court nor to have
been condemned by a sentence for the crimes of which
they appear to be accused. (Etc.)
the year of the tenth59 consulship of Honorius Augustus and the
sixth consulship of Theodosius Augustus.-October II, 415; 418.
28. The same Augustuses to Largus,52 Proconsul of Africa.

(After other matters.) We command that no petition
for caducous property shall be undertaken or completed
without an informer, and We constrain informers by a certain condition of Our published authorization, namely, that
they shall not doubt that they will be acquitted if in a
single case they prove their allegations, but they shall
understand that the victory of a second betrayal will be
dangerous to them with sheer peril;6o if indeed they should
raise their voices as informers for the third time, they
shall know that their allegations must not be proved, but
rather that they must immediately undergo punishment.
(Etc.)
eighth consulship of Theodosius Augustus.-October II, 418.
The same Augustuses and Constantius Augustus to

We allow no living person to be subjected to a petition
for his property,6 2 unless it should be someone whom a
capital sentence has consigned to deportation as guilty of
crime, so that" the confiscation of his property may augment the punishment of a previously expressed indignation. But of such property, just as has been decreed by a
divine imperial sanction, 4 We command that no part shall
be subject to such a petition for a period of two years.
i. However, We command that the small estate of only
one person shall be assigned on the ground of one such
petition,6 5 for We consider that it is nefarious for, the fortunes of several persons to be requested by one document
because of illicit cupidity.
29.61
58 As being caducous.
5 legitima persona.
so The twelfth consulship of Honorius and the eighth of Theodosius on account of the dates of the other constitutions issued to
Largus, M.
60 increased peril, M.
61 CJ 9, 40, 3.
62 On the plea that it is caducous.
63 Or: with the provision that.
64 10, 10, 23.
66 Or: shall be listed in a single petition, even though the estate
be of small value.
2. We also command that no cases of petitions for caducous property shall be brought by the posting of edicts,
since an edict is scarcely issued on the grounds of insults
arising from a private dispute,66 and in such cases the edict
does not harm the legal status of persons who hide. But
the tenor of a criminal edict can legally inflict only this
punishment, namely, that from a person who is listed as
accused it must take away not property but legal status.
3. Out of Our concern also for private contracts which
are unjustifiably repudiated, We allow no spark of litigation involving chicanery to be kindled against those persons, in general, by whom the obligations of compulsory
public services are performed. 7
4. For why should the palatine office investigate and
search out the contents of a sale which does not pertain to
it? The palatine office staff shall learn that it will surely
be fined fifty pounds of gold, unless by unremitting enforcement it executes the salutary decree of this law.
year of the consulship of Eustathius and Agricola.-July 8, 421.68
The same Augustuses and Constantius Augustus to

(After other matters.) We order that caducous property of deceased persons may be transferred from Our
largess to petitioners only if the deceased person has died
intestate and has left no statutory heir from any consanguineous line whatever or from any legal title.
But We decree that by no means must the patrimonies
of deceased persons be subject to petition if such deceased are said to have polluted their own conscience with
various crimes during their lifetime, except in the case of
those persons who are proved to have been convicted by a
public accusation, but it is provided that it is not permissible to file the rescript of such impetration until the
informer has been consigned to the palatine office, since he
must by no means be trusted on any security. If the grant
of property70 should prove to be unstable, the punishment
for chicanery shall be inflicted upon the informer, although
legally he is already a slave of punishment 7' from the very
fact that he was willing to be an informer.
i. When, however, the owner has been summoned by the
authority of the impetrated petition, just as has already
been decreed by a general law,72 We grant him a delay of
that entire year, with his resources untouched, for answering the summons at the Illustrious court,73 so that after
the investigation has been undertaken, he may allege the
substance of his right. If any person should disregard these
regulations beyond the limit of the year and should fail to
appear by his own fault and not by the chance of fortune
or by the trickery of his adversary, it will appear that he
has pronounced sentence against himself. (Etc.)
30.69
year of the consulship of Eustathius and Agricola.-July 8, 421.68
66 viz sub jurgii sit contumeliis edictum. The text is suspect and
the translation conjectural.
6r Or: are unjustifiably forbidden for those persons, in general,
by whom the obligations of compulsory public services are performed. . . . The translation is conjectural.
68
, 15,
69 CJ 10,
I.
1,
10.
70 Or: if the accumulated evidence should prove, M.
71 poenae mancipium, equivalent to servus poenae.

72 T, cO, 27.
73 The court over which Illustrious officials preside.
E 278 1
Persons Who Inform against Themselves

31. The same Augustuses to Proculus, Count of the Privy
Purse.
By an edictal law We sanction that, just as the space of
one year is granted to a possessor, within which he may
effectively produce his allegations and be present at the
examining trial, so a similar lot shall bind the person who
supposes that he may request caducous or ownerless property, or property under any title as if acquired by Our fisc.
But unless within the limits of a year from the day when
Our authorization is published within the province he
should demonstrate the justice of his petition, he shall forfeit that which he has impetrated, and the owner shall be
granted the unrestricted right to return to his own property. It is Our will that suitable provision also shall be
made for said possessor with reference to the costs and
expenses of the suit, if the petitioner should desist from
pressing his claims.
Posted in the Forum of Trajan on the eighth day before the kalends of September in the year of the thirteenth consulship of Honorius Augustus and the tenth consulship of Theodosius Augustus.
-August 25, 422.

to Valerius, Count of the Privy Purse.
We command that petitioners for property shall share
such property with Our treasury. With the exception of
property that belongs to temples and to Our patrimony, if
any person in any way, by the divine will of Our Clemency, should obtain anything that belongs to Our treasury,
after the demand which he impetrated is proved by the outcome of the case to have been valid, he shall not hesitate
to divide this property into equal parts with the fisc. Of
course, all the costs and expenses of the suit shall be reckoned in the account, and the entire amount resulting therefrom shall be reckoned to the account of the petitioner, so
that if he obtains anything purely as gain and to his ad-
vantage, he shall unquestionably admit the treasury to

participation in this gain. Yet there shall be no abatement
of those rules which have been handed down by ancient
prescript and by the authority of such petitions74 and which
relate to the time limits granted in the interest of the
owner and to other matters, but all these rules shall continue in full effect, so that nonetheless punishment shall
be inflicted upon informers, and an even more bitter punishment, if that be possible.
i. Furthermore, whether the judge be the Illustrious
count of the privy purse or the governor"7 of a province,
he shall undoubtedly be a strict guardian of integrity as
long as the contest is waged as a private one on equal
terms. 2. We also command the advocate of the fisc to
maintain due silence, and he shall not be allowed the role
of a defender of the treasury until the petitioner shall
rightfully obtain an unquestioned victory by a judicial decision, which We command to be pronounced and considered in the presence of the advocate of the fisc. If the suit
should be settled by a compromise or in any other manner,
in every case the treasury shall vindicate its portion from
the petitioner, even though a person should provide for
himself in advance by obtaining a special grant of imperial
favor concerning the whole of the property sought. Other74 competitionum auctoritas, the authority that was granted by the
Emperor in reply to such petitions.
75moderator, n. 34.
10-11-1
wise the petitioner's acquisition shall be imperiled if the

treasury's own right is not established.
Given on the third day before the ides of May at Constantinople
in the year of the eleventh consulship of Theodosius Augustus and
the consulship of Valentinian Caesar.-May 13, 425.

the Senate.
Nowhere shall chicanery clamor; no informer against
the fortunes of innocent persons shall be met. The lawful
distinction between slavery and freedom shall stand firm.
We sanction the rights of masters by the restitution of their
slaves, who shall not rebel with impunity. We strengthen
the privileges of the patrician forum,76 and We decree that
the peace of the Senatorial robe shall remain inviolable.
Not only do We suppress the wrongs of petitioners for
caducous property, but We even abolish the very name of
such petitioners. (Etc.)
Given on the sixth day before the kalends77 of January at Rome

in the year of the twelfth consulship of Theodosius Augustus and
the second consulship of Valentinian Augustus.-December 27
(January 3), 426.
34. The same Augustuses to Thalassius, Count of the

Privy Purse.
If any of those persons who serve Our sacred imperial
bedchamber 78 should aspire to petition for caducous property that belongs to the fisc, and if his request should be
judged allowable, he shall immediately be absolved from
the requirements of the law, in accordance with which a
half of such property is vindicated to the treasury. From
the time of the first bestowal of the assent of Our Clemency, he shall immediately enjoy the entire bounty undiminished, and he shall not exert himself to be involved in a
petition for the other half 79 which appears to be assigned
to the fisc. In all other respects the rule of law that was
formerly promulgated shall be observed.
Given on the eighth day before the kalends of March at Constantinople in the year of the thirteenth consulship of Theodosius
Augustus and the consulship of the one who is to be announced.February 22, 430.
TITLE 11: THOSE PERSONS WHO INFORM

AGAINST THEMSELVES' (DE HIS QUI SE
DEFERUNT)
I .2 Emperor Constantine Augustus to the Fiscal Representatives 3 of Spain.
If an inheritance has been committed as a secret trust 4
to any person, he shall immediately announce it to the office
of Your Gravity, he shall produce the records, and he shall
forthwith repudiate5 what has been done, and after this
demonstration of trustworthiness he shall receive a third
portion of all the goods of the deceased.
But if the wife of the deceased should reveal this fact
76 The Senatorial privileges of forum. See also
n. 36 and 2, I, 4.
On the third day before the nones, 1o, 26, 2. Valentinian was in
Rome at the beginning of 426 but not at the end.
78 Any grand chamberlain.
7 Or: nor shall he be disturbed that he is involved in a petition
for the other part.
7
1 CJ
2CJ
10, 13.
10, 13,
3 The Fiscal Comptroller, M.

4hereditas commissa tacitae fidei. Cf. To,
5 renuntio, announce, renounce, repudiate.
279
1o,
1.
n. 39.
10-11-1
Persons Who Inform against Themselves
to the office of Your Devotion and should disclose the existence of the records, she herself also, whom the deceased
wished to be his heir, shall be rewarded to the extent that
she shall obtain half of the entire patrimony, and she shall
formally make the division with Our fisc. She shall also
have the privilege of selecting her portion first. Then the
aforesaid concealer of the records, an enemy alike of the
fisc and of the woman, shall be stripped of all his patrimony, which shall be vindicated to the fisc, and he shall be
deported to an island.
Given on the ides of March in the year of the consulship of
Gallicanus and Bassus.-March IS, 317.
TITLE 12: PETITIONS

FOR VAGRANT
SLAVES (SI VAGUM PETATUR MANCIPIUM)
i. Emperors Valentinian and Valens Augustuses to Probus, Praetorian Prefect.
If any person should petition for possession of vagrant
slaves that formerly belonged to another and should justly
prove his claims, he shall obtain such slaves by the authority of an impetrated grant of imperial favor,' and he shall
have the right of sale, which is conceded to all others than
informers. But if such slaves should be sold to the informers or should be retained by those who formerly possessed them, the vengeance established by law shall be inescapable.
i. Owners also shall have the right to vindicate their
own slaves, and every person shall be liable to the same
punishment that has been established for harborers and
abettors of fugitive slaves.
Given on the twelfth day before the kalends of April at Trier in
-March 21, 368; 370; 373.
The same Augustuses to Probus, Praetorian Prefect.

If any person should obtain a rescript in accordance
with his request for the possession of a vagrant slave, he
shall not contrive any disturbance until he files the rescript
and formally declares the name of the informer by whom
he was notified. If he should refrain from reporting the
name2 of the informer, he shall forfeit the fruit and the
advantages of the special grant of imperial favor. Nor
shall any person suppose that he may vindicate by forcible
seizure3 a slave for whom he has petitioned, before a definitive sentence has been pronounced between the parties to
the suit.
r. It is Our will that such trials shall belong to the
jurisdiction of the governors ordinary,' so that first the
informers shall be placed in the midst,' and then those who
are called vagrant by the sacred imperial rescript shall be
produced in court. The governors shall investigate the innermost parts of the entire case and shall question carefully and diligently from whose ownership the slaves that
are sought on petition as vagrant have escaped, either by
flight or in any other manner, so that if the governors
should discover a slave in whom there is a defect,' he may
be recalled under escort to his owner.
2.
1 Vagrant slaves became the property of the Emperor who often

granted such slaves to petitioners, lo, i, n. 2.
2 prodere, report the name, produce, deliver.
3 manus infectio.
4 ordinarii rectores, the judges ordinary, governors of the provinces.
5 In the courtroom.
6 vitium, a defect in title for the petitioner.
280
2. If any person also should be found to be subject to

tribute or should be an inquilinus, he shall return immediately to that person to whose ownership he declares that
he is subject. 3. Nevertheless, the investigation shall proceed to the point that by searching out everything the governor shall learn whether the instigator of the petition was
a person who was under the necessity to gloss over with
some pretext the outrage of an unjust retention. Thus if
any person should seek by such contrivance to harbor
coloni, he shall make good the loss of tribute. If he should
seek to harbor slaves, he shall be held to that punishment
which was formerly established by law. 7 4. Moreover, if
any person should assert that he is a plebeian or" a free
man, after he has proved the trustworthiness of his claim,
he shall be vindicated from all annoyance and shall be returned to that locality from which it becomes evident that
he came.
5. On the other hand, in the case of those slaves who are
found not to have an owner, either because their master
died without an heir or because at some time they have
been made slaves of punishment,9 and afterward have lost
their master by judicial sentence when they were released,
and finally, in the case of all those slaves respecting whom
forcible seizures is properly granted to the fisc, the imperial munificence shall obtain its suitable effectiveness.
6. Of course, because it is proper that provision should
be made for those persons who have been deceivedo in
making their petitions, whenever simple, unsophisticated
persons are circumvented, provision shall be made for them
from the property and substance of the informers up to
that amount to which the computed expenses of the trial
undertaken have accumulated, with the inclusion of the
estimated value of the man for whom they have petitioned.
Given on the fifteenth day before the kalends of July at Trier in

-June 17, 368; 370; 373.
TITLE 13: PETITIONERS AND THOSE PERSONS WHO ABANDON SUIT (DE PETITORIBUS ET DESISTENTIBUS) 1
i. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Gorgonius, Count of the Privy Purse.
If any petitioner for the substance of another person
should begin with illusory delay to protract the case against
the possessor for a considerable period of time, and if such
petitioner when thrice summoned is unwilling to appear in
court with the informer, not only shall he be penalized by
the loss of the suit which has arisen, but he shall also be
compelled to restore the costs and expenses of the suit to
the person who he supposed should be harassed with unnecessary litigation. We decree that this same rule shall be
established also against any person who is contumaciously
absent, after a third summons, as We have said above.
IH, 4; CJ 6, I, 4-7.
8 a plebeian and a free man, M.
9 servi poenae in this case were slaves that had been condemned to
death on account of some crime but later acquitted by judicial
sentence. On becoming servi poenae they became the property of
the State, and when released they did not revert to the ownership
of their former master.
10 By informers. Cf- 4, 8, 5 and 8.
7D
1 IO, I, n.
2.
io-i6-i
Fiscal Debtors
Given on the eighth day before the ides of June at Milan in the
year of the consulship of Emperor Designate Honorius and the
Most Noble Evodius.-June 6, 386.
TITLE 14: IF AN ASSOCIATE IN A PETITION

SHOULD DIE WITHOUT AN HEIR' (SI PETITIONIS SOCIUS SINE HEREDE DEFECERIT)
INTERPRETATION: Those persons who defend the advantages and interests of Our fisc must observe this measure, namely, that they shall not be negligent with reference
to that which is rightfully due to Us, and they shall not
prove to be false accusers of the provincials while they
unjustly seek something from them in the name of the fisc.
1.2 Emperor Constantine Augustus to Mygdonius, Steward

of the Palace.
If perchance any person who by a joint petition with
another had impetrated some gift from Our Clemency
should die and leave no surviving successors, it is Our
pleasure that the portion of such person who died intestate
or without children shall go not to any extraneous person,
but to the associate or partner.
The same Augustus to Pacatianus, Praetorian Prefect.

Although in Our estimation the cause of private citizens
is preferable to the protection of the interests of the fise,
We command, however, that if several men have obtained
from Us the office of defender of the fisc, that one shall
be preferred to all others who is recognized as superior in
integrity, more powerful in learning, and more capable
than the others in his proved trustworthiness, even if he
has obtained from Our Clemency this special grant of imperial favor after the others.
Given on the twelfth day before the kalends of April at Antioch

Given on the third day before the nones of July at Singidunum

in the year of the consulship of Optatus and Paulinus.-July 5, 334.
Licinius.-March 21, 315;3 346.

INTERPRETATION: If the death
should occur of any person to whom Our munificence had been directed by name,
and if it is learned that he neither made a testament nor
left children, it is Our pleasure that his portion shall be
acquired by the person with whom the deceased had received the gift on equal terms, that is, his associate; for an
associate is justly preferred when it is known that no child4
intervenes.
Emperor Constantius Augustus to the Most Noble
Orion.
Some persons employed in Our service or that of Our
father have joined their names together and have requested that property6 be granted to them as a bounty by
Us. Therefore, We command that if any person should
impetrate anything jointly with another and should perchance die without leaving an heir, the portion of the decedent shall come as a solace to his associate in the gift
rather than to any other person.
2.5

the year of the consulship of Philippus and Sallia.-June 17, 348.
2.
3. Emperor Constantius Augustus to Petronius, Vicar of

Africa.
Advocates of the fiscal interests shall protect their trust
loyally, for if by chance, within the prescribed time limits
for the trial of a case, the fisc should be ensnared by any
circumvention, when the fraud of their collusion 4 has been
disclosed, the fisc shall recover from the resources of such
advocates whatever it may lose from the cunning of their
double-dealing.
Subscribed on the fifth day before the ides of April at Aquileia
in the year of the consulship of Acindynus and Proculus.-April
9, 340.6
4. Emperors Valentinian and Valens Augustuses to Rufinus, Praetorian Prefect.

By the authority of this sanction Your Exalted Sincerity shall admonish the vicars of the prefect 6 and the
governors ordinary' that they shall assign suitable advocates to Our privy purse whenever it either institutes or
defends any actions.
in the year of the consulship of Lupicinus and Jovinus.-May '9,
367.
TITLE 15: ADVOCATES OF THE FISC' (DE

ADVOCATIS FISCI)
1.2 Emperor Constantine Augustus to Aelianus, Proconsul
of Africa.
(After other matters.) The advocate of the fisc must
beware, under the fear of punishment, that he shall not
conceal any advantage of the fisc and that he shall not dare
in the name of the fisc to bring false charges against private citizens when no case exists.
Given on the sixth day before the ides of November at Trier in
Licinius.-November 8, 315-16; 313.3
1
Brev. io, 6; CJ 10, 14. Cf. 10, I, n.
2.
Brev. 1o, 6,
1.
3 Since the Emperor Constantine did not visit the Eastern part of
the Empire until after his break with Licinius in 323, this constitution should apparently be assigned either to Licinius or to Constantius, M.
4 persona filii, who might make a claim.
CJ 10, 14, I.
6 professio, literally, the tax declaration of property.
1
Brev. 10, 7; CJ 2,8. Cf. 2,

2 Brev. 10, 7, I;
J 2, 8, 3.
29,
n. I; 3, 1, 9, n. 24.
3 I, 12, I.
TITLE 16: FISCAL

DEBITORIBUS)
DEBTORS'
(DE
FISCI
I. Emperors Valentinian and Valens Augustuses to Auxonius, Praetorian Prefect.

We have learned that certain holders of imperial patrimonial lands 2 have so wrecked the fiscal accounts that they
are not able to satisfy Our treasury except by the sale of
their patrimony; but when their property is advertised for
sale, some persons avoid this fiscal auction, for fear that
if they should purchase any portion of said property, they
may also be held liable for payment of the remaining
debts.' Therefore nothing more shall be demanded from
such purchasers than they have promised by the voluntary
4 Typical bureaucratic corruption, n. I.
5 2, 6, 5.
Ordinary vicars.
7 ordinarii rectores, governors of provinces, judges ordinary.

1 Brev. 10, 8; CJ 10, 2.
2 diacatochi, leaseholders in perpetuity.
3 reliqua debita.
E 281 ]
10*16-1
Fiscal Debtors
offer of a price at the State auction4 in accordance with the

value, of property purchased in general.6
Given on the kalends of September in the year of the consulship
of Valentinian and Valens Augustuses.-September i, 367; 368; 370.
2.7 The same Augustuses and Gratian Augustus to Archelaus,8 Count of the Orient.
If any persons should be obligated to the fisc of Our
Clemency, no frustrative devices shall be allowed, but they
shall be held bound, so that they may be forced to pay
from their resources whatever they owe on their own account. When they have completed their payment to the
fisc, their claims shall be preserved for them if they believe that they have any well-founded ones against any of
their own debtors by reason of their contracts, and thus
they shall understand that against those persons who they
claim are indebted to them they shall have the right to
bring suit in the courts according to law.
Given on the third day before the nones of July at Noviodunum
of Victor.-July 5, 369.

to Fortunatianus, Count of the Privy Purse.
Among the papers of a certain deported person it is asserted that a certain account book10 was found which contained the names" of debtors and of persons bound by contract. Since, however, it was not proved by witnesses that
money had been loaned and since the entries were not confirmed by written acknowledgments of debt,12 We have
observed that it is easy for any person to make another his
debtor by the writing of his own notation. Therefore it is
Our will that chicanery under such a pretext shall be restrained by the present order, so that the said account
book"o shall be rejected as worthless and no person whose
name is listed therein shall be compelled to make payment.
Given on the eighth day before the kalends of September at Constantinople in the year of the first consulship of Arcadius Augustus
and the consulship of Bauto.-August 25, 385.
TITLE 17: THE VALIDITY AND LEGAL EFFECT OF STATE AUCTIONS' (DE FIDE ET
JURE HASTAE)
to Viventius, Praetorian Prefect of Gaul.
If anything must be sold at auction for arrears of payments4 under the title of taxes in kind, or for any other
fiscal debts payable in any kind of property whatever, it
shall be sold by authority of the fisc, so that when such
property is adjudged to any person by the fisc at the decision of a formal State auction,' it shall belong to the
purchaser by perpetual right of ownership. If by the
authority of any rescript, permission should ever be impetrated to the effect that a sale made by the fisc may be
nullified, no one shall obey such rescript, since even minors
are debarred for all time from the right to recover any of
their property that has been adjudged to purchasers for
fiscal debts.
Given on the third day before the nones of November at Trier in

of Victor.-November 3 (1o), 369.
The same Augustuses to Felix, Count of the Sacred

Imperial Largesses.
If any person should purchase the property of fiscal
debtors when it is proscribed and sold by the fisc, he shall
be liable only for the price of that property which he appears to have purchased at the State auction' that was
duly held after proscription. For We so protect such purchasers that We do not allow them to be subject further
to any suit on the part of anyone.
2.6
Given on the day before the nones of July at Hierapolis in the

year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-July 6, 377.
10
INTERPRETATION: If any account books should be pro-
Given on the seventh day before the ides of March at Marcianopolis in the year of the consulship of Valentinian and Valens Augustuses.-March 9, 370; 368.
duced in court or if any such account books are found to

have been left by any person, in which anyone indicates
that any persons are his debtors, without the production of
any written acknowledgment of debt 2 or of any other
manifest documents, said written account books shall have
no validity.
3.8 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Magnillus, Vicar of Africa.
If the necessity of the public accounts should constrain
any person who is overwhelmed with a crushing load of
debts to sell his own property, an appraisal shall be made
of the nature of the property and of the amount of income,
so that no opportunity for fraud shall be left under the
name of a public State auction,' whereby the property may
be sold at an excessively cheap price and the tax collectoro
may receive more through favoritism than the debtor from
the price paid for the goods." Finally, only those persons
shall obtain the perpetual right of ownership under the
title of purchase who pay as much to the fisc as is de-
4. Emperors Gratian, Valentinian, and Theodosius Augustuses to Florentius,1s Proconsul of Palestine.

No tax receiver or tax collector or debtor of the fisc, at
any rate, shall evade prosecution in the matter of such
public necessity by making a surrender 4 of his property,
but every person who is proved to be a debtor of Our fisc
shall by all means be compelled to make payment with that
severity which is demanded by the judicial power.
1 Brev. 10, 9; CJ 10, 3. Cf. Io, 16, n. 4.
CJ io, 3, 5; Vat. Frag. 37.

Or: if anything, consisting in any kind of property.
4
prodigorum. The meaning is obscure. G. understands prodiga as
arrears of payments to soldiers. Cf. H-S, s.v. The sentence may
mean: If any property of spendthrifts, prodigi.
5 sub hastae arbitrio.See io, 16, n. 4.
2
4 hastis decursis, since spears were stuck in the ground at such

auctions, as a symbol of the authority of the State.
5 pro viribus, strength, value, measure.
6 In the ordinary market and not at State auctions.
7 CJ 10, 2, 4.
8 Count of the Sacred Imperial Largesses, 4, 13, 6, n. 13.
30 brevis, account book, ledger.
9 Brev. io, 8, I; CJ Io, 2, 5.
IL nomina, names, accounts, debts.
12 cautiones.
Is Prefect of the City, Ms. V.

14cessio, a kind of voluntary bankruptcy, 4,
6
8
CJ
10, 3, 6.
Brev.
1o,
9, 1; CJ 4, 44, 16.
decursis hastis, n. 5.
9 subhastatio, n. 5.
7
10 exactor, the enforcement officer who sells the property, possibly the same as the tax collector, who might make the sale, ii,
7, 4, Interp.; II, 7, lo; CJ 12, 6o.
20.
11 Typical bureaucratic corruption,
[ 282 J
2, 29,
n. I.
Minerals, Mines, and Miners

manded by the interests of private persons.12 For it is
thoroughly unjust that the property of others should be
sold at an auction subject to favoritism, so that too little
is added to the public account, while the debtor loses
everything.
Given on the thirteenth day before the kalends of July at Aquileia.
-June ig, (391). Received on the ides of January at Hadrumetum
in the year after the consulship of the Most Noble Tatianus and
Symmachus.-January 13, 392.
INTERPRETATION:
If any person should be overwhelmed
by an enormous burden of public debt, so that he is not

able to pay this debt except by the sale of his own property, in the case of such a debt, the enforcement officers
and tax collectors must observe this general rule, namely,
that they shall not so hasten the matter that the property
will be sold for a price less than its value, nor shall they
by any collusion provide such purchasers that the debtor
shall lose his property and the fisc shall acquire too little.
TITLE 18:
SAURIS)
TREASURE-TROVE'
(DE
THE-
Emperor Constantine Augustus to the Fiscal Representatives.

If any person should find a treasure-trove and should
voluntarily report it to the fisc, he shall obtain the half of
that which he found and deliver only the other half to the
account of the fisc. However, this shall be done in such a
way that, without any disquietude of torture, all chicanery
on the part of the fisc shall cease. For it is right that those
persons should be trusted who have voluntarily reported
that which they have found. If, however, any person should
be unwilling to report the wealth that he has found and if
in any way he should be betrayed, he must be excluded
from the afore-mentioned act of grace.
I.
Given on the third day before the kalends of April in the year
of the fourth consulship of Constantine Augustus and of Licinius.
-March
30, 315.
2.' Emperors Gratian, Valentinian, and Theodosius Augustuses to the People of the City of Constantinople.
If any person by any chance should find a treasure-trove
and jewelry hidden away in olden times by unknown owners, he shall vindicate such finds to his ownership, and he
shall not fear the dread of any chicanery due to information lodged by anyone, either in the name of the fisc or in
that of private citizens. Neither shall he incur any danger
of torture on account of the quality of the metal or the
amount of the find.
I. However, in this matter of natural equity We observe
that a certain limitation should be employed, so that if any
person should happen to make such a find on his own land,
he shall take it by undivided right, but if on the land of
another, he shall admit the owner of the property to a
fourth part of the find. However, no person through this
license shall either dig up the land of another or on property not belonging to him search out that which is suspected through common report.
Given on the seventh day before the kalends of February at
Thessalonica in the year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-January
26, 38o.
12
The owners whose property is thus sold.
I Brev. io,
1o;
2 Brev. Io, lo,
CJ 10, 15.
I.
10-19-3
INTERPRETATION: If any person should find a treasuretrove on his own land, as the finder he shall acquire the
whole of it, and he shall fear no chicanery. But if by
chance he should find a treasure-trove on the land of another, he must admit the owner of the land to a fourth
part of the find. Nevertheless, no person by digging up
the land of others shall presume to search for such treasure.
3. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Neoterius, Praetorian Prefect.

If any person under the inspiration of Divine Providence or the leadership of fortune should find a treasuretrove, We allow him to enjoy his find without any fear.
Given on the sixth day before the nones of March at Constantinople in the year of the fourth consulship of Valentinian Augustus and the consulship of Neoterius.-March 2, 390.3
TITLE 19: MINERALS, MINES, AND MINERS'

(DE METALLIS2 ET METALLARIIS)
I. Emperor Constantine Augustus to Maximus, Fiscal
Representative of Africa.
To all persons who so wish, We grant the right to cut
marble from any quarry whatever, so that if any person
should decide to quarry a mineral and make from it anything whatever, he shall also have the unrestricted right
to sell it.
Given on the day before the kalends of October in the year of
the sixth consulship of Constantine Augustus and the consulship of
Constantine Caesar.-September 30, 320.
Emperor Julian' Augustus to Rufinus, Count of the

Orient.
Since the desire for marble has enormously increased
the price of such stone, in order that this expensive wish
may be alleviated by an abundant supply, We permit that
all men who wish to quarry shall have the license granted
to them. For We consider that the result will be that very
many veins of glistening stone4 will also come to light and
into use.
2.
Given on the eleventh day before the kalends of November at

the consulship of Sallustius.-October 22, 363.
3. Emperors Valentinian and Valens Augustuses to Cres-
conius, Count of Minerals and Mining.2

With long-pondered deliberation We consider that a
sanction must be issued to the effect that if any person
should wish the industry of mining to flourish,6 by his own
labor he may acquire advantages both for himself and for
the State. Therefore, if any persons voluntarily should
come together in large numbers for this purpose, Your
Laudability shall require such persons to pay eight scruples7
each of gold dust. Moreover, if they should be able to
3 6, 29,
7.
1 Brev. 10, II; CJ II, 7. Most of the miners and quarry workers
were either condemned criminals or else conscripted for this labor
by the State. Cf. also 7, 2, I, n. 4.

2 metalla, minerals, mines, quarries.
3 Jovian, if the date is correct. Julian died June 26, 363, but many
of the constitutions of Jovian, his successor, were ascribed to him.
Such as marble.
5 CJ II, 7, 1.
6 Or: should wish to resort to the industry of mining, by his own
4
labor, M.
7 Annually for each miner, lo,
19, 12.
E 283 1
Minerals, Mines, and Miners

10-19-3
collect more, they shall preferably sell the same to the fisc,
from which they shall receive an appropriate price from
to the Senate.
Our largesses.
We formerly granted,"8 under fixed conditions, the right
Given on the fourth day before the ides of December at Paris
to dig out and to cut out from private stone quarries
throughout
Macedonia and the district of Illyricum. But
-December lo, 365.
upon you, 0 Conscript Fathers, whenever you wish, shall
be conferred a more liberal grant, namely, that each of you
4.' The same Augustuses to Germanianus, Count of the
at his own expense and to his own profit shall acquire this
right, without fear of the operation of the special tax21 and
On account of the fixed tax on minerals, for which its
the expenses of port dues. (Etc.)
own peculiar custom must be retained, it is established
Read in the Senate on the ides of August in the year of the
that fourteen ounces of gold dust shall be paid for each
fifth consulship of Valens Augustus and the consulship of Valpound.
entinian Augustus.-August 13 (January 1), 376.
Given on the sixth day before the ides of January at Romeo in
the year of the consulship of Lupicinus and Jovianus.11-January
8, 367.
5.12 Emperors Valentinian, Valens, and Gratian Augus-
tuses to Fortunatianus, Count of the Privy Purse.

We have decided that no part of the Roman world shall
be left from which miners who inhabit hiding places shall
not be led forth, even those who are harbored in the secret
places of Our household.' 3 In arresting such persons, those
who search them out shall be furnished by the governors"
with suitable assistance.
Given on the day before the kalends of May at Antioch- in the
Victor.-April 30, 369; 370.

If any ship should transport a miner to Sardinia,"' the
pilot or the master of such ship shall be compelled to pay
five solidi f or each man.
Given on the day before the nones of June at Martiaticum17 in
of Victor.-June 4, 369.
Prefect.
7. The same Augustuses to Probus, Praetorian
Just as Our Lord Valens commanded 8 throughout all
the Orient that if the miners with vagrant wandering
should there seek out the mineral gold, they should be kept
away from the property of all landholders, so Your Sincerity by edict shall notify all provincials throughout
Illyricum and the Diocese of Macedonia that no person
shall suppose that on his own landholding any Thracians"
may be harbored any further,2 0 but that each and every one
of them shall be compelled rather to return to the land of
his birth, whence they are known to have come. Otherwise a grievous punishment shall be inflicted on that person
who furnishes hiding places to such men after the issuance
of this interdict.
Given on the fourteenth day before the kalends of April at Trier
-March
8CJ
19, 370; 373.

I,
7, 2.
9 Of pure gold. Since a pound contained twelve ounces, gold dust

was rated at two ounces more, to account for the waste incurred by
melting.
10
11
Reims.
Jovinus according to the corrected reading of the ms.
19, I5; CJ II, 7, 7. Cf. n. 20.

13 On property belonging to the imperial household.
12 IO,

15 Valens was at Marcianopolis at this time, I5, 2, 2.
16 As a hiding place for the miner who is seeking to escape.

17 Mattiaticum, ms. V.
1s In a lost constitution.
19 Miners or quarry workers.
284
accordance with the privilege of the new statute22 which had

been elicited. In the next place, the judges of the provinces
which are washed by the sea shall know that it has been
brought about that navigation is closed to all such men, so
that if gold miners should attempt to cross over, by the
severity of the judge they shall bear punishment worthy
of their audacity. Punishment shall also be inflicted upon
the guards if by their negligence they should furnish op-
portunity for navigation to said persons. Thus the governors1 4 of the provinces shall remember that these matters will be disregarded at their own peril.
Given on the eighteenth day before the kalends of September in
consulship of Valentinian Augustus.-August 15, 378.
If any person with laborious digging should follow a
vein of stone through land belonging to private persons,

he shall pay a tenth to the fisc and a tenth to the owner of
the land, and the remaining amount he may vindicate to
his own purposes.
Given on the fourth day before the kalends of September at Constantinople in the year of the consulship of Antonius and Syagrius.
29, 382.
-August
i i. The same Augustuses to Cynegius, Praetorian Prefect.

In accordance with the law2 4 previously issued, all persons shall have the right to work private quarries, to cut
out and cut up the stone, if a rich vein of marble is available to them, with the provision that a tenth part shall be
assigned to the account of Our fisc and a tenth to the
owner of the land. The remainder shall become the property of those operating the quarry, according to the tenor
of the aforesaid law,2" and the operators shall have the
license to sell, to give, to transfer such stone, wherever
their desire may persuade them.
Given on the third day before the nones of October at Constantinople in the year of the consulship of Richomer and Clearchus.October 5, 384.
21vectigalis operae, the obligation to pay the special tax or impost.
Not extant.
23 CJ
, 7, 3.
22
2o There was a critical shortage of labor, especially of farm labor.
9. The same Augustuses to the Most Noble Vindicianus,

Vicar.
We have delivered letters to the Illustrious Prefects of
Gaul and Italy, whereby We command, first, that miners
shall be admonished that they shall not flatter themselves
with the dishonest hope of crossing over to Sardinia,16 in
24 IO,
I9,
1O.
Collectors of Purple Dye Fish

12.25 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Romulus, Count of the Sacred Imperial Largesses.
Each year seven scruples per man shall be paid to the
largesses by the gold miners, not only in the Diocese of
Pontus but also in the Diocese of Asia.
Given on the eleventh day before the kalends of March at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-February 20, 392.

We command that the hands of private persons shall be
prohibited from operating any marble quarry whatever, so
that the prosecution of such operations may be more
freely indulged on fiscal lands.2 6 But if any person, working secretly, should hereafter attempt such operations, all
that he may cut out shall be vindicated to the ownership of
the fisc and of the public.
Given on the day before the ides of February at Constantinople
consulship of Abundantius.-February12, 393.
28
14.27 The same Augustuses to Paternus.
We have learned that some men, claiming that stone is
buried in the earth, adopt the procedure of digging tunnels deep into the earth and thus weaken the foundations
of other men's houses. Therefore, if ever marble of this
kind is said to be concealed under buildings, the right to
search for such marble shall be refused, lest when the
falsely pretended excellence of the stone is compared with
the value of the buildings, and a price is offered in order
that the building may not be destroyed, it may appear that
not so much the interest of the State as that of a private
individual was the cause of the expense.
Given on the seventeenth day before the kalends of April at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-March 16, 393.
INTERPRETATION: If any person should say that minerals are beneath the buildings of other persons and should
suppose that any stone or marble should be dug out, so
that through him the stability of the foundations begins
to totter, We deny to such person the license to make this
search, lest while he claims that he is seeking very valuable
stone, he may presume either to force a sale29 or to overturn the foundations of other men's houses.
15.30 Emperor Theodosius Augustus to Maximinus, Count
of the Sacred Imperial Largesses.

If miners should desert the district where they appear to
have been born and should migrate to foreign parts, they
shall undoubtedly be recalled to the family stock and the
household of their own birth status. Moreover, if such
men and women should prefer to choose marriage unions
from the homes of private citizens,"t their progeny shall be
divided into equal parts between My fisc and the parents,
and those who are proved to be parents of only one child
shall surrender such single child entirely to the fisc. In the
19, 2;
J II, 7, 5.
There was a marked shortage of mine and quarry workers.
Hence the State socialistic system discouraged the competition of
private enterprise.
27Brev. io, II, I; CJ II, 7, 6.
28 Perhaps Count of the Sacred Imperial Largesses.
29 Of the buildings.
25 IO,
26
30 10, 19, 5; CJ II, 7, 7. Cf. n. I; 7, 2, I, n. 4.
a1 Who are not subject to such compulsory public service.
10-20*2
future, if any person should be born from a miner and

from any other stock," he shall necessarily follow the
ignoble birth status of a miner.
I. If it should be claimed that any person has purchased
the property of miners that is obligated to the aforesaid
compulsory service, he shall undoubtedly become subject
to the compulsory public services which the authors of his
right 8 were accustomed to fulfill. For in the case of those
persons who have crossed over to tax lists subject to the
annona,34 the rule must be observed that if any person appears to have become involved in such bonds with private
personsal within five years only, without doubt he shall be
forced to return to his own birth status, and his progeny
must be divided equally with the public lands;" a single
child must be vindicated to the birth status of the miners;
but hereafter all license of this kind shall be strictly denied to all other persons. But if any person hereafter should
do that which is now prohibited, he shall know that no
prejudice will be thereby created for the fisc, even though
he who is proved to be a miner should give his name to
private tax lists."6
Given on the fifth day before the ides of July at Constantinople
in the year of the consulship of the Most Noble Victor.-July ii,
424.
TITLE 20: COLLECTORS OF PURPLE DYE

FISH, IMPERIAL
WEAVERS,
IMPERIAL
MINTERS, AND PACK-ANIMAL DRIVERS'
(DE MURILEGULIS ET GYNAECEARIIS ET
MONETARIIS ET BASTAGARIIS)
1.2 Emperor Constantine3 Augustus to the Bithynians.
Imperial minters must always remain in their own ignoble status, nor may the high rank of Most Perfect be
granted to them, nor the rank of ducenarius, nor of centenarius, nor of Egregious.
Given on the twelfth day before the kalends of August in the
year of the consulship of Gallicanus and Bassus.-July 21, 37.
Emperor Constantius Augustus to Taurus, Praetorian

Prefect.
A fine of five pounds of gold shall be exacted from any
person who harbors a slave4 of an imperial weaving establishment and does not deliver such slave before the kalends
of September.
2.

in the year of the consulship of Datianus and Cerealis.-March19,
358; 357.5
32 latus.
3 auctores.
34census annonarii,the property or tax lists of private landholders who must pay their taxes in kind (annona). The fugitive miners thus became the coloni of such private landholders.
3 The public lands shall claim half of his progeny, the private
estates the other half, as being subject to their obligations.
36 The tax lists of private persons, especially of great landholders.
1 CJ II, 8. Most of these laborers were conscripted for this
service. Cf. also 7, 2, I, n. 4.
2 CJ Ii, 8, 1.
3 Licinius, if the date is correct.
4 mancipium, slave, slave laborer. Cf. 7, 14, I, n. 3.
5 Constantius was not at Milan on this date. He could have been
at Sirmium. Hence G. conjectures: Given
. .
. at Sirmium; re-
ceived on the fourteenth day before the kalends of April at Milan,

in accordance with 8, 4, 6.
[ 285
10-20-3
Emperors Valentinian and Valens Augustuses to Germanus, Provincial Governor.7

If freeborn women should unite themselves to imperial
weavers and should be notified by formal announcement
but should be unwilling to prefer the splendor of their ancestry to the baseness of such concubinage," they shall be
held to the ignoble status of their husbands.
3.
Given on the fourth day before the kalends of July at Milan in

the year of the consulship of Valentinian and Valens Augustuses.June 28, 365.
4.' The same Augustuses to Auxonius, Praetorian Prefect.

In so far as pertains to an immediate remedy, one tenth
of their present number of animals shall be furnished to
the pack-animal drivers f or replacements.
Given on the ides of December at Marcianopolis in the year of
the consulship of Valentinian and Valens Augustuses.-December
13, 368.

to Philematius, Count of the Sacred Imperial Largesses.
If any person should accept a wife from a familyo of
collectors of purple dye fish, he shall know that he must
be bound to their ignoble status.
Given on the fourth day before the kalends of July at Trier in
the year of the second consulship of Gratian Augustus and the
consulship of Probus.-June 28, 371.
6. The same Augustuses to Modestus.' 1

We have learned that workmen, who devote their labor
to weaving linen garments to be used for Our issuance of
supplies, have been solicited by very many persons.12
Therefore, We command that three pounds of gold shall
be paid to the account of the treasury by each person who
harbors such a weaver and by each weaver himself. Furthermore, the workmen shall be vindicated to the imperial
weaving establishments for linen garments. But if any
person should be detected as persisting in the aforesaid
arrogance and should continue to detain a weaver, We
command that he shall not undergo a fine as in previous
times, but a proscription.
the consulship of Modestus and ArintheW.-June 27, 372.
7.13 The same Augustuses to Philematius, Count of the

If any person should be discovered to be harboring any
member of a guildo of weavers, he shall be subjected to a
penalty of five pounds of gold.
Given on the twelfth day before the kalends of September in
Cilicia14 in the year of the consulship of Modestus and Arintheus.
-August
21, 372.
8. The same Augustuses to Tatianus, Count of the Sacred

Imperial Largesses.
If any person is said to harbor linen weavers,12 he shall
restore them to their former ignoble status before the
kalends of August, or he shall know that for the con6
C
Q
,, 8, 3.

8 contubernia, a slave union.
9 CJ iI, 8, 4.
10 familia, family, organization, guild, 7, 4, n. 68.
12 IO, Ig, n. 20.
1s CJ 1I,
8, 5.
14 The reading seems to be corrupt. This constitution was probably given in the western part of the Empire, as may be conjectured from the mention of Philematius.
286
tumacy of his great audacity he will be stricken with a fine

of five pounds of gold for each imperial weaver, as a punishment. The threat of a fine no less is proposed with reference to those persons also who hereafter attempt to
harbor Scythopolitan linen workers who are obligated to
the regular public taxes.
Given on the fourteenth day before the kalends of March at Antioch in the year of the third consulship of Gratian Augustus and
the consulship of Equitius.-February16, 374.
9.1" Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Eucherius."6
If any person should harbor slaves of Our weaving
establishments,12 he shall be stricken with a fine of three
pounds of gold for the concealment of each man.
Posted at Carthage on the third day before the kalends of March
in the year after the consulship of Auxonius and Olybrius.-February 28, 380.
io." The same Augustuses to Hesperius, Praetorian Pre-
fect.
We issue an edict to the effect that no woman of a more
splendid degree of birth shall cast away18 the honor of her
natal liberty by adhering to a union with an imperial
minter. But if a statute"* of Our Eternity should lead any
woman away from the observance of this regulation, in
accordance with the authority of the Claudian Decree of
the Senate, after the woman has been warned by the statutory notification, either she shall withdraw from this union,
or if she should suppose that she should cling to the embrace of the imperial minter, she shall not doubt that she
will prejudice the rights of her children and that she must
be bound to the ignoble status of the minter. Moreover, it
is Our pleasure that notification according to the aforesaid title 2 0 shall be given nonetheless to those women also
who appear to have been united to imperial minters before
the issuance of Our law, and they shall know that unless
they withdraw from the interdicted union, they will change
their legal status.
I. But if indeed any woman of low birth status" or a
colona belonging to another man's landholding, without
the knowledge or even with the knowledge of her owner,
should be united to an imperial minter, such owner shall be
notified, and he shall immediately hasten to drag back such
persons who are owed to the rights of the fields,2 2 or he
shall know that thereafter he has lost the right of recovery
by connivance through his own silence. But as it is Our
will that no woman shall be united to an imperial minter,
so also We forbid that women begotten by minters shall be
united to extraneous persons.
Given on the day before the ides of March at Aquileia in the
year after the consulship of Auxonius and Olybrius.-March 14,
380;
379.23
The same Augustuses to Trifolius, Count of the

We establish an eternal law that never shall a pack11.24
15 CJ iI, 8, 6.
16
17 CJ
18 amittere, cast away, lose, forfeit.
iI, 8, 7.
19 Not extant.
20 The Claudian Decree of the Senate.
21 originarius, originaria, a person bound by birth status, of
ignoble birth status, a colonus, a colona.
22 Subject to the rights pertaining to said fields.
23 Perhaps the day before the ides of May, and in the year of the
consulship of Auxonius and Olybrius, since Hesperius appears to
have ended his praetorship in 379, M.
24
CJ iI, 8, 8.

animal driver be permitted either to desert his own branch
of the imperial service or to attempt to enter another
branch of the service by a surreptitious impetration. Military tribunes who knowingly accept such men as soldiers
for a military service unit shall be forced to pay to the fisc
a pound of gold for each pack-animal driver. With reference to this matter We have delivered letters to the Illustrious masters of both branches of the military service.
Given on the ninth day before the kalends of August at Heraclea
in the year of the consulship of Richomer and Clearchus.-July
24, 384.
The same Augustuses to Principius, Praetorian Prefect.

If any person should dare to usurp the use of a boat that
is assigned to the compulsory public service of purple dye
collection and to the collection of shellfish, he shall be
held liable to the payment of two pounds of gold.
12.25
Given on the sixth day before the kalends of October at Aquileia

consulship of Bauto.-September 26, 385.
13.26 Emperors Arcadius, Honorius, and Theodosius Augustuses to Philometor, Count of the Sacred Imperial
Largesses.
We command that hereafter the supplies of dyed silken
stuff and of raw silk shall be delivered washed. A fine of
twenty pounds of gold is published for those persons who
manage the bureau of regular taxes and for the chiefs of
office staff of said bureau, if they should allow the divine
imperial statutes to be violated by anyone.
consulship of Probus.-June 27, 406.
14.27 Emperor Theodosius Augustus and Valentinian Caesar to Maximinus, Count of the Sacred Imperial Largesses.
If any purple dye fish collector should forsake and despise the office of his own ignoble status and should be said
to have protected himself by the forbidden insignia of high
rank and by cinctures of office that are absolutely denied
to him, he shall be recalled to the bonds of his own profession and low birth status.28
Moreover, if any person should appear to have been
grasping for the property of those who manifestly remain
in their low birth status" and who are obedient to their
customary services, such person shall restore to the ancient
possessors everything whatever that is proved to have been
possessed by him under any title whatever. But if a person
born outside these guilds should retain such property and
should prefer to become subject to the burdens of this
alien and ignoble status rather than to restore such goods,
he shall understand that thereafter he must undergo the
future compulsory services, and for the past, if any delinquent payments should accumulate while he is in possession, he shall know that he must pay the same, without any
exemption.
Given on the seventeenth day before the kalends of November at

Constantinople in the year of the consulship of Victor.-October
16, 424.
15.29 The same Augustus and Caesar to Maximinus, Count
If any child has been born or should hereafter be born
25 CJ iI, 8, 9.
28 origo. Cf. n. 21.
26
iI,
29 Q
8,
IO.
11, 8, 12.
27 Q
11,8, 11.
10-2018
from a daughter of a purple dye fish collector and a father

of another low birth status,28 he shall assume the obligations of his mother's ignoble status.
Given on the ninth day before the kalends of June in the year of
the eleventh consulship of Theodosius Augustus and the consulship of Valentinian Caesar.-May 24, 425.

to Acacius, Count of the Sacred Imperial Largesses.
If any person from a guild of imperial weavers, either
a linen weaver or a linen worker, or from the guilds of
imperial minters or purple dye fish collectors, or from any
similar guild pertaining by connection of blood to the divine imperial largesses, should wish hereafter to be freed
from his guild, he may not rely on the permission of Our
triumphal right hand to choose as a substitute for his own
place any person whatever chosen indiscriminately, but he
shall select only a person who has been approved in every
particular as suitable under the very eyes, as it were, of
your Most August office. It shall be provided, however,
that if any person should be freed from such ignoble status
by a special grant of imperial favor in accordance with an
imperial regulation, celestially conferred, he shall not doubt
that the entire stock of his family shall remain in the compulsory public service of the aforesaid guild, together with
all the property of the person who was thus released, and
that the family shall be obligated to the sacred imperial
largesses.
Given on the seventh day before the kalends of March at Constantinople in the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.-February 23, 426.
17."
The same Augustuses to Valerius, Count of the

It is Our pleasure that if the daughter of a purple dye
fish collector should marry a man of another ignoble status,
the children born of them shall assume the bond of their
mother's assignment to State service" from that time when
they learn of this law that was promulgated with reference
to this matter. But with reference to the children who appear to have been born before the promulgation of said
law, the following rule shall be observed, namely, that
whether the children are born of purple dye fish collectors
or ascript coloni,"s they shall follow only their father's
ignoble status. But if after the promulgation of said law
children are proved to have been born from either a father
or a mother of the guild of purple dye fish collectors, they
shall not doubt that they will be obligated to the aforesaid
assignment to State service.3 2
Given on the tenth day before the kalends of April at Constantinople in the year of the consulship of Hierius and Ardabur.March 23, 427.
18.84 The same Augustuses to Apollonius, Count of the

Since it has been disclosed that almost three hundred
pounds of purple dyed silk have been colored in clandestine dyeing operations," not without involvement in the
crime of high treason, and that no small weight of purple
dye has been converted into money, and since witnesses
s0
32
CJ iI, 8, 13.
ascriptio, as an ascript colona.
31
CJ
8 ascripti coloni.
II,
8, 15.
4 CJ II, 9, 5.
3 Typical bureaucratic corruption, 2, 29, n. I.
E 287 i
10*2o-18
under torture have revealed by what artifices privately

owned silk and silk belonging to the fisc were customarily
dyed alike with the purple dye belonging to the State, and
since they have also revealed what persons were accomplices in this crime, and who were the assistants, and although traffic in purple dye has been prohibited by innumerable constitutions, We also forbid it by a new threat.
We revive the regulation of Synesius 3 6 Of Illustrious
memory, which was wrongfully annulled by Anysius" of
Illustrious memory, who surreptitiously obtained a rescript
from Us"6 by concealing the truth, and We command that
every seventh man3 7 from the bureau of secretaries and
every sixth man17 from the bureau of regular taxes and
every fifth mans3 from the bureau of registrars shall be
sent to the dye works of Phoenicia for a fixed period of
time, so that by the astuteness of these officials all fraud
may be prevented, since they shall fear the forfeiture of
their credit for terms of service which they have acquired
with much toil. Furthermore, a fine of twenty pounds of
gold is proposed."
Given on the eighth day before the ides of March at Constantinople in the year of the consulship of Isidorus and Senator.March 8, 436.
TITLE 21: ALL-PURPLE AND WOVEN-GOLD

GARMENTS' (DE VESTIBUS HOLOVERIS ET
AURATIS)
1.2 Emperors Valentinian and Valens Augustuses to Ar-
chelaus, Count of the Sacred Imperial Largesses.

We forbid the weaving or making for private use of
borders of gold or of silk interwoven with gold on garments for either men or women, and We command that
such garment-borders be made only in Our weaving establishments.
3
Given on the fifth day before the nones of July at Noviodunum.
-July 3. Received on the fifteenth day before the kalends of August at Marcianopolis in the year of the consulship of Emperor
Designate Valentinian and of Victor.-July r8, 369.4
Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Praetorian Prefect.

No person shall have woven gold borders, either on
tunics or on linen garments. For if any person should not
desist from the use of such forbidden and unauthorized
clothing, he shall be stricken with no light punishment.
2.5
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Antonius and Syagrius.March 30, 382.
3.6 Emperor Theodosius Augustus to Maximinus, Count

All persons, of whatsoever sex, rank, skill, profession,
or family, shall abstain from the possession of that kind of
material which is dedicated only to the Emperor and to
His household. Nor shall any person at his home weave or
make silk cloaks or tunics which have been colored with
36 Very little is known of Synesius and Anysius, RE, s.vv.
37 Or: the seventh man ... the sixth man ... the fifth man.
38 Apparently for any further violation of this law.
1 CJ ii, 9. Such garments were reserved for the imperial family.
3Nebiodumi, ms. V.
2 CJ II, 9, 1.
CJ II, 9, 2.
4 See M's notes on 4, 13, 6.
6 CJ I1, 9, 4.
purple dye and woven with no admixture of anything else.

Men shall bring forth from their homes and deliver the
tunics and cloaks that are dyed in all parts of their texture
with the blood of the purple shellfish. No threads dyed
with purple dye shall be interwoven, nor shall threads
colored by the same dye be spun out and made strong by
the shrill sounding loom. 7 Garments of all-purple must be
surrendered to the treasury and must be immediately
offered. There is no reason why any man should complain
of having been deprived of the price, because it shall suffice
that he obtains impunity for the violation of the law that
he trampled underfoot, nor is there any reason why he
should have occasion to worry about profits, since his life
does not have to be placed at stake. But let no man now by
such a concealment incur the peril of the toils of the new
constitution;8 otherwise he shall sustain the danger of involvement in a crime similar to that of high treason.
Victor.-January i6, 424.
TITLE 22: ARMORERS 1 (DE FABRICENSIBUS)

to Tatianus, Count of the Sacred Imperial Largesses.
Since six helmets for each period of thirty days are covered with bronze by each metalworker, both at Antioch
and at Constantinople, and the cheek guards are also cov-
ered with wrought metalwork, but eight helmets and the

same number of cheek guards are covered with silver or
are gilded each thirty days at Antioch, and only three at
Constantinople, We decree' that at Constantinople also
each metalworker shall decorate with gold and silver, not
eight helmets for each thirty days but six each, 3 with an
equal number of cheek guards.
Given on the fifth day before the ides of March at Antioch in the
year of the third consulship of Gratian Augustus and the consulship of Equitius.-March 11, 374.
2.' Emperors Valentinian, Theodosius, and Arcadius Au-
gustuses to Tatianus, Praetorian Prefect.

To all arms factories We command that not money instead of materials, but materials themselves shall be delivered and without delay. By this general rule which must
be forever observed, We command that unwrought iron,
of a noble vein, one that is easily worked and easily melted

by fire, shall be furnished, in order that the more readily
opportunity for fraud may be removed and wise provision
be made for the public interests.
Given on the fifteenth day before the kalends of November in
the year of the second consulship of Theodosius Augustus and the
consulship of Cynegius.-October i8, 388.
3.5 The same Augustuses to Rufinus, Master of Offices.
We command that after two years of service, the chief

of office staff of each imperial arms factory shall be granted
not only retirement from service6 but also high rank, so
that he shall be ranked among the members of the imperial
7
Cf. Verg., Georgics I, 294; Aeneid 7, 14.
8 The
present law.
1 Nov. Th. 6; CJ ii, io. Conscript laborers. Cf.

2A specified quota of work.
3 Or: not three helmets . .. but eight each, M.
4 CJ II, 10, I. Cf. 2, 29, n. 1.
5 CJ II, 1o, 2.
6vacatio, often means temporary retirement.
E 288
10, 2o,
n. i.
Contracts with Imperial Stewards

bodyguard and shall be dispatched at the appropriate time
to adore Our Eternity.
Given on the eighth day before the ides of March at Milan in the
year of the fourth consulship of Valentinian Augustus and the consulship of Neoterius.-March 8, 390.
Emperors Arcadius and Honorius Augustuses to Hosius, Master of Offices.

Brands," that is, the official State mark, shall be stamped
upon the arms of armorers, in imitation of the practice of
branding army recruits, so that in this manner at least it
may be possible to recognize skulkers.
If any man should harbor such armorers or their children, he shall be vindicated without doubt to an arms factory, just as those who for the purpose of avoiding their
labor have surreptitiously passed over to the enlistment
oaths of any form of the public imperial service.
4.7
Given on the eighteenth day before the kalends of January at

Constantinople in the year of the fourth consulship of Honorius
Augustus and the consulship of Eutychianus.-December I5, 398.
5. The same Augustuses' to Anthemius, Master of Offices.

If any person hereafter should admit an armorer as his
procurator or should retain him as a cultivator of his own
landed estate or should accept him as a chief tenant,' he
shall be deprived of the property which, contrary to Our
prohibition, he supposed should be entrusted to said
armorer, and such property, of course, shall be united to
the fiscal accounts. But the armorer who committed this
offense against the law shall be stricken with a fine of two
pounds of gold.
Given on the third day before the kalends of August at Constantinople in the year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-July 30, 404.

If any person should suppose that he should choose membership in the guild of armorers, in the city where he was
born or in which he has established his residence, after the
calling together of the interested parties, he shall first execute public records and prove that he is not descended from
a grandfather or a father of the stock of decurions, that he
does not owe anything to the senate of his municipality,

and that he is not obligated to the performance of any compulsory municipal service. Thus finally, after the execution
of such records, he shall be accepted for the imperial service of his choice in the presence of the governor" of the
province, or if the governor is absent, before the defender
of the municipality. But if without such precaution12 any
person should stealthily creep into the guild of armorers,
he shall know that he will be recalled to the performance
of the compulsory services of the municipal senate and of
his municipality to which he is obligated, and under the
condition that he shall not be protected by any prerogative
of time13 or of terms of service.
Given on the fifteenth day before the kalends of June at Constantinople in the year of the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-May 18,
412.
10-24-3
TITLE 23: MARINES' (DE CLASSICIS)

1.2 Emperors Valentinian and Valens Augustuses to Auxonius, Praetorian Prefect.
It is Our will that the fleet of Seleucia and all other
fleets shall be subject to the office which obeys Your Magnitude, so that the number of marines may be filled from
persons not enrolled on the tax lists and from the supernumeraries. The fleet of Seleucia shall be assigned to the
count of the Orient for help in clearing the Orontes River3
and for other necessary tasks.
Given in the twelfth year of the Indiction.-September 1, 369August 31, 370.4
TITLE 24: THOSE PERSONS WHO MAKE

CONTRACTS WITH AN IMPERIAL STEWARD'
(DE HIS QUI CUM DISPENSATORE CONTRAXERUNT)
i.' Emperors Valentinian and Valens Augustuses to Probus, Praetorian Prefect.
If any person should obtain money at interest from a
tax collector, a registrar, a treasurer, an office of imperial
accounts, or from anyone else to whom the guardianship
of fiscal treasure is entrusted, and if such borrower should
be detected in this act, he shall be held to a penalty of f ourfold by the authority of this constitution.
Given on the fourth day before the ides of March at Trier in the
year of the consulship of Valentinian and Valens Augustuses.March
12,
368; 370; 373.
2.' Emperors Gratian, Valentinian, and Theodosius Augustuses to Palladius, Count of the Sacred Imperial Largesses.
All men shall know that no person shall have extended
to him the right to give or receive gold as a loan from the
sacred imperial largesses. But if any person should receive
gold from Our treasury, as a repayable loan, to the profit
of his private interest, either secretly or on the faith of a
written acknowledgment of debt or of pledged security,
all his property shall be confiscated and he shall be subjected to exile by perpetual deportation. Also if any person should lend or deliver to anyone, on the pretext that
he is a public creditor, gold from the aforesaid treasury,
he shall be subjected to the capital penalty.
Given on the twelfth day before the kalends of August at Heraclea
38I.4
3. The same Augustuses to Palladius, Master of Offices.

Trafficking- is consuming the gold which is being
promptly paid in full by the provincials. Therefore, all
contrivers 6 of such looting shall know that if any of them
can be detected and reported, they shall be subjected to the
1
CJ
1I, 13.
2 Q1,
13, 1.
3 Of obstructions? Of pirates and other marauders, G.

4 January I, 369, Seeck.
7CJ II, 10, 3. Cf. 7, 14, n. 3.
8 Earlier reserved for the lowest criminals and runaway slaves.

9 The same Augustuses and Theodosius Augustus.
o CJ 11, 10, 4.
11 moderator.
12
13
cautio, precaution, guarantee.

A prescription of long time.
2
CJ io, 6. Cf. 2, 29, n. i.
CJ IO, 6, 1.
CJ io, 6, 2.
44, 13, 8.
6 nundinatio, trafficking, peculation, malversion, conversion, embezzlement: typical bureaucratic corruption, n. I.
6Apparently the messengers charged with the delivery of the
gold, the official escorts.
289 1
Contracts with Imperial Stewards
10*24-3
extreme penalty, unless at the completion of their journey

they should announce that the gold received from the provincial office has been delivered to the sacred imperial largesses. i. In addition, if the gold, which could have been
delivered at the completion of the journey, should be detected as being retained more than ten days either by the
official escorts or by the palatines, the offenders shall learn
that they will be obligated to the payment of two percent
of the whole.
Posted on the day before the kalends of December at Beirut in
the year of the consulship of Eucherius and Syagrius.-November
30, 381.
TITLE 25: PRIVILEGES OF THE PROPERTY

OF THE IMPERIAL HOUSEHOLD (DE PRIVILEGIIS DOMUS AUGUSTAE)
i. Emperors Arcadius, Honorius, and Theodosius Au-
gustuses to Anthemius, Praetorian Prefect.

For the purpose of eliminating all fraud, the procurators in each separate province of the property of My Most
Noble2 daughters, in the presence of the tax assessors and
the chief decurions, who undoubtedly are pressed by the
burden resulting from this exemption,3 shall set forth in
trustworthy public records the number of land tax units
belonging to the households of the aforesaid princesses,
and for this number of land tax units they shall obtain only
the privileges and dues4 of Illustrious persons. Thus after
verified lists are furnished and presently transmitted to Us
by the governors" of the provinces, said governors shall
understand when the accounts are compared, what property they must exempt.
Given on the kalends of December at Constantinople in the year
of the sixth consulship of Arcadius Augustus and the consulship of
the Most Noble Probus.-December I, 406.
1 CJ II, 75.
2 nobilissimae, not to be confused with clarissimi, members of

the Senatorial Order.
3 Of the property of the princesses, daughters of Arcadius, the
author of this constitution. The princesses were Pulcheria, Arcadia,
and Marina. Each district had a tax quota, and if any property
was exempted, the other taxpayers were compelled to supply the
deficit.
4 Or: the due privileges, M.
5 rectores.
290
TITLE 26: CHIEF TENANTS AND MEN OF

THE ESTATES OF THE IMPERIAL HOUSEHOLD' (DE CONDUCTORIBUS ET HOMINIBUS DOMUS AUGUSTAE)
i.2 Emperors Theodosius and Valentinian Augustuses to
Chief tenants and men of the estates of Our Most
August household shall not usurp the name of any imperial service, and they shall not employ the official cincture of any dignity, lest from this occasion of lofty and
supercilious haughtiness, ill will should arise against the
sacred name of Our Piety. But as often as any question
may arise with respect to any case pertaining to the property of the royal household, such chief tenants and men
shall bring and defend their actions in no other manner
than in accordance with the regular procedure of the laws
to which every class of men alike is subject, and they shall
not intervene in the suits of other litigants or disturb the
sentence of any judge or any lawful rights by the illicit
assistance of their protection. They shall not dare to lend
the violent assistance of their execution to any person;
they shall not intervene in either private or public cases.
Information lodged by them shall not disquiet any peaceful household, lest too late they repent of their unconsidered stubbornness.
year of the twelfth consulship of Theodosius Augustus and the
second consulship of Valentinian Augustus.-March 6, 426.
2. The same Augustuses to the Senate of the City of

Rome.
(After other matters.) We deprive chief tenants of the
estates of Our household of every privilege of imperial
service. They shall live subject to the same conditions as
all other men, and if reason should demand the severity of
a judicial examination, they shall never frustrate it by the
defense of the official cincture, but rather with an equal
operation of trials in all cases, they shall be obedient to the
laws by which even the Emperors are held.
Given on the third day before the nones of January at Rome in
the year of the twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.
-January 3, 426.4
1 QJ II, 72. Cf. 3, I, 9, n. 24.
3
Apparently with torture.
2 QI
, 72, .
4 10, 10, 33, n. 77.
BOOK XI
.....
....
g.....
........
TITLE 1: TAXES IN KIND AND TRIBUTE'

(DE ANNONA ET TRIBUTIS)
1.2 Emperor Constantine3 Augustus to Proclianus.
With the exception of the property of Our private domain and the Catholic churches and the household of
Eusebius,' of Most Noble memory, Ex-Consul and ExMaster of the Horse and Foot, and the household of
Arsaces,5 King of Armenia, no person in accordance with
Our order shall be assisted by especial advantages for his
family property. For the Most Noble Datianus, 6 a patrician, who formerly obtained this special favor, besought
that it should be taken from him, with as much insistence
as other men have been accustomed to request it. Therefore all men must pay whatever is ascribed by Our hand
in the tax levies, but nothing more shall be exacted of them.
For if any vicar or any governor' of a province should suppose that he may remit anything f or any person, he shall
be compelled to compensate from his own resources whatever he remitted for others.
Given on the fifteenth day before the kalends of July at Constantinople in the year of the fourth consulship of Constantine
Augustus and of Licinius.-June 17, 315; January 18, 360.8
The same Augustus to Aelianus, Proconsul of Africa.

When landholders have satisfied the public tax payment,
they shall deposit their tax receipts with the public registrars so that the registrars or the sexagenarii, mindful of
2.
their own risk, shall receive these receipts from the tax-
payers, and the taxpayers shall deliver to the several municipalities each month from their own storehouses the
actual supplies that are due. This shall be done so that the
payment of tribute may not be acknowledged solely from
forged or imaginary tax receipts.1 (Etc.)
Given on the kalends of November at Trier in the year of the
fourth consulship of Constantine Augustus and of Licinius.-November 1, 315; November 8, 313.9
3. The same Augustus to Gregorius, Praetorian Prefect. 0

By their own hand and at their own risk all judges'
1 Brev. ii, I; CJ io, 16. In many ways the tenth and eleventh
books of the Theodosian Code represent the heart of the imperial
legislation of the fourth and fifth centuries, since they contain the
majority of the most important constitutions that deal with taxation
and the imperial revenue. It was in this field that the Roman government most signally failed. It may be said that the elaborate
system of oppressive taxation was one of the most important, perhaps the most important of the factors that resulted in the complete collapse of the later Roman Empire in the West and in the
fall of Rome. For the rapacity and corruption of the tax officials,
cf. 2, 29, n. I; 3, I, 9, n. 24; NVal I, 3; NMaj 2, I; Glossary, s.v.
taxes.
2 CJ io, 16, 4.
3 This is a constitution of Constantius, M. See his note, in his
edition, to this passage.
4 Probably to be identified with the Eusebius who was consul in
347, father of Eusebius and Hypatius, consuls in 359, and of the
Empress Eusebia, the wife of Constantius.
5 Husband of Olympias, previously betrothed to Constans.
6 Consul in 358, Sievers, Libanius, 358.
7rector.
10
8 4, 13, 4, n. 9.
judges ordinary, governors of provinces.
I,
12,
I, n. 3.
u..un...............................
shall designate the supplies in kind and all other payments

that are made for the year of the indiction, by defining the
amount and including the measure in the assessments which
are made. This method of procedure will have the advantage that after each judge10 has been succeeded in office, it may be easy to learn whether the tax collectors
wished to extort from the fortunes of the provincials
more than they should.'
Given on the seventh day before the ides of October in the year
of the consulship of Nepotianus and Facundus.-October9, 336.
4.1"
Emperor Constantius Augustus.
If any person should purchase anything under the private ownership of an emphyteuticary or patrimoniall2 landholder, by the substance of which property the emphyteuticary or patrimonial landholder had been accustomed to
support other landholdings, and if by such sale the rest of
the property should collapse as though the sinews of its
strength had been cut out, so to speak, the purchaser must
assume the burdens1 3 of the landholdings which remain as
useless in the possession of the seller.
Given on the eighth day before the ides of December at Thessalonica in the year of the consulship of Felicianus and Titianus.December 6, 337.
514 The same Augustus to Uranius.
Absolutely everyone must be compelled to make the tax

payments" in money. For it is indicated by Our law that
the taxes which must be specifically paid by Our most devoted provincials are not extraordinary and they must not
be so called.
Given on the third day before the nones of February in the year
of the second consulship of Constantius Augustus and the consulship of Constans.-February 3, 339.
6. Emperors Constantius and Constans' 6 to the Senate of

Caesena.
In accordance with the statute"7 of My brother Constantius," all the landholders of Italy shall provide the
wine which is customarily furnished for use as cellar supplies." In order that this may be done the more easily, that
quantity of money shall be contributed by all Our Itailians
which the regulation of the Most Noble and Illustrious
Praetorian Prefect, Rufinus, Our Father and Retainer, 2 0
decreed must be given.
11 CJ
II, 59, 2. Cf. 5, 15.

Of the Emperor's patrimony or private domain.
13 Taxes and other services that were due the State.
14 On account of heavy expenditures for the Persian wars, the
Emperor had been compelled to issue a special tax levy or superindiction. Since many persons, as a special privilege, were exempt
from superindictions, the Emperor hereby decrees that this tax is
not a superindiction. Cf. II, 5, 2; II, 16; 15, 3, 6; CJ io, x6, 5. The
official position of Uranius is unknown.
15 oblatio, freewill offering, oblation, tax payment.
16 The same Augustus (Constantius),
12, I, 42.
17 Unidentified.
18 Constans, G.
19 cellaria, household supplies of food and drink furnished to the
Emperor and to the most important administrative officials, I, 22,
12
4, n. 20.
20 Parens Armicusque,
Const., nn. 5-6.
291
1 1-1*6
Taxes in Kind and Tribute
Given on the eleventh day before the kalends of June at Milan

in the year of the seventh consulship of Constantius Augustus and
the third consulship of Constans Augustus.-May 22, 354; 346.
7. The same Augustuses 2 1 to the Senate.

It has been learned that you are being sued for the payment of the fiscal dues for refugee coloni. Therefore, We
order that if it is proved that no Senator possesses any of
the lands pertaining to the aforesaid coloni, no necessity
shall be imposed upon him for the payments for those who
have fled.
consulship of Taurus and Florentius.-May3, 361.

Henceforth no person shall be allowed to exact gold instead of the payments in kind for the use of the City of
Rome.
Given on the ides2 2 of June at Nish in the year of the consulship of the sainted Jovian and of Varronianus.-June 13 (8), 364.

The Most Noble Governor, 23 Anatolius, has sent a report to Us in which he has testified that he has eliminated
the fraudulent practices of the registrars throughout the
suburbicarian districts, 24 in that he has ordered that provender should now be transported from each town at a
definite and previously announced time, in accordance with
the length and difficulty of the journey, after consideration
of the reasons in council, though heretofore such provender was customarily conveyed suddenly and without
due notice, in accordance with the wishes and decision of
the registrars, to the various changing stations and post
stations for the animals assigned to the public post. We
order that the same practice shall also be observed throughout all the districts of Italy in like manner.
Given on the day before the nones of March at Trier25 in the
year of the consulship of Valentinian and Valens Augustuses.March 6, 365.
io. The same Augustuses to Dracontius, Vicar of Africa.

All possessors of rich or abandoned centuries" of land
throughout Africa shall satisfy their compulsory public
services 26 to the full measure of their tax declarations.
Given on the sixteenth day before the kalends of June at Milan
-May
17, 365.
11.27 The same Augustuses to Dracontius, Vicar of Africa.
The payments of taxes in kind shall be conveyed to the

frontier in accordance with the situation and proximity of
the landholdings. This order takes effect without difficulty,
21
The same Augustus, n. 16.
22 On the sixth day before the ides, M., I, 6, 2, n. 6.

23 Consularis.
24 The provinces of southern and central Italy as far north as the
rivers Magra (Macra) and Rubicon. The supplies were transported
to the frontier by the taxpayers for the use of the army.
25 Valentinian seems to have arrived at Trier after the prefecture
of Mamertinus.
26 A land measure of uncertain size and possibly varying at different dates. At times a century of land seems to be the same as a
jugum, a land tax unit. The compulsory public services (necessitas)
were primarily tax payments, n. 57. Cf. n. I.
27 CJ Io, 16, 6, on the twelfth day before the kalends of June.
if the registrars through fear of ever-present torture may

be kept from their customary fraudulent practices.28
-June 17 (May 17), 365.27
12.29 The same Augustuses to Faventius, Vicar of Italy.

If any person by Our generosity should obtain slaves
from abandoned fields, as though such slaves were vagrant,
he shall be held obligated for the fiscal payments of the
entire tax declaration of the land of which, of course, the
slaves appear to remain a part.30 It is also Our will that this
same rule shall be observed with reference to those persons
who have allowed slaves from such farms to pass over to
their own landholdings. Even if a military man should retain any such slaves on his property, he shall first be notified that either he must restore those slaves whom he
wrongfully sought or he shall know that he will be obligated for the payment of their tribute.
Given on the day before the kalends of August at Milan in the
year of the consulship of Valentinian and Valens Augustuses.July 31, 365.
13. The same Augustuses to Dracontius, Vicar of Africa.

It is Our pleasure that for each year reports shall be
sent to indicate the delinquent taxes of those persons who
reside at Rome and have landholdings in Africa, and such
persons shall be compelled to send their procurators
equipped for making payment to the office of Your Sincerity. But in order that no obscurity may arise with reference to transmission and transport," We command that
the registrars of the prefect of the annona of Africa and
of the prefect of the City of Rome shall be conducted to
the office that obeys Your Wisdom, and they shall report
in the records the amount that was transmitted and transported. The documents with reference to this matter shall
be kept and must be brought to Our bureaus. The additional precaution shall also be provided that a full record
shall be delivered to the office of the Illustrious praetorian
prefect.
Given on the fifteenth day before the kalends of November at
Paris: October 18, (365). Received on the fifteenth day before the
kalends of February at Carthage in the year after the consulship of
Valentinian and Valens Augustuses.-January r8, 366.

If any person should have the ownership of any field,
either through himself or his own overseers, he shall accept
the responsibility for compulsion," and he shall assume the
fulfillment of the duties of this compulsory service for
those coloni who were born to their condition and who are
proved to have been enrolled on the tax lists on such lands.
Of course, We exclude from any part in this regulation
those persons who have possession of any small plot of
land, if they are enrolled on their own plots of land under
their own name in the tax lists, for they must be assigned
to their own mediocre status and they must assume the
28 The customary bureaucratic corruption with which the Emperors appear to have been powerless to cope, nn. I; 24.
29 C
II, 48, 3. Cf. 10, 12.
30 from which the slaves appear to originate, G.
a1 Of the tax payments to the State storehouses, n. I.
32 CJ II, 48, 4; Sozom., Hist. Eccl. 6, 18.
3 Tax collection.
E 292 ]
11 121

payments of taxes in kind under the direction of the customary tax collectors.
Given on the kalends of May at Constantinople in the year of the
consulship of Gratian Augustus and of Dagalaifus.-May 1, 366;
372; 374;34 371.
15." The same Augustuses to Probus, Praetorian Prefect.
If any person should make payments of taxes in kind

in accordance with the amount of his capitation tax and his
landholdings, the course of the year shall be divided into
periods of four months each, and he shall complete the entire sum of his tax payment in three installments. But if
any person should choose to make all his payments at one
time, he may use his own discretion in accelerating his payments to the State.
in the year of the consulship of Gratian and Dagalaifus.-May 19,
366; June I8, 367.
INTERPRETATION: This law commands that in the de-
livery of wheat that is due to the public storehouses, the

landholder, in accordance with the rate of his regular tax,
may accelerate the separate payments due in three deliveries, that is, every four months, so that in the course of the
year he may pay the entire sum of such taxes due. However, he may use his own discretion if he should be able
to convey sooner the grain that is due.
16. The same Augustuses to Dracontius.
Our provincials shall pay the fiscal tribute in three installments during the course of the year.
Given on the eighth day before the kalends of November at
Nicomedia in the year after the consulship of Gratian Augustus and
of Dagalaifus.-October25, 367.36
17.3 Emperors Valentinian, Valens, and Gratian Augustuses to Crescens, Vicar of Africa.
Those persons who are inscribed in a will as heirs shall
be compelled to assume the fiscal burden for less productive
fields also, or if they suppose that they should renounce the
inheritance, they must surrender all the property which
they acquired by any title or right from such an inheritance.
Given on the fourth day before the ides of July at Cons in the
year of the second consulship of Gratian Augustus and the consulship of Probus.-July 2, 371.
INTERPRETATION: Persons who are inscribed in a testa-
ment as heirs shall be forced to assume the burden, that is,

the tribute, of the inherited fields. But if they should consider the inheritance a liability, they must surrender all
the property which can come to them from such an inheritance.
18. Emperors Gratian, Valentinian, and Theodosius Augustuses to the People."8
If any landholder of the highest or lowest rank by procrastinating should occasion a tardy delay in making his
3 Apparently Modestus became Praetorian Prefect in 370; Gratian was not Augustus in 366. Hence instead of the consulship of
Dagalaifus, we should either substitute the consulship of Probus
(372) or Equitius (374), M.
35 I, 29, I;
Brev. ii, i, I; CIL 5, 3344. According to Amm. Marcell., Probus became Praetorian Prefect in 368.
36 Apparently Dracontius was Vicar of Africa, but the Emperor
of the Eastern part of the Empire could not address the vicar of
Africa, and at this time Valens was at Marcianopolis.
37
Brev. II, I, 2; CJ II, 59, 4. Cf. nn. II; 13.
38
Of Rome and Constantinople, where many of the people were
on a permanent dole. Food and wine were furnished to them either
free or at nominal prices.
annual payment of taxes in kind due to the Eternal City, at

the beginning of the year and indiction which again demands a new compliance with the requirements of the tax
payments in kind, he shall be forced immediately to pay
double, even though this should occasion a serious loss to
him. If by chance this disciplinary measure even of a
doubled debt should not better the situation by accelerating
the payment, thereupon the ungrateful and degenerate citizen shall pay fourfold to the profit of the support of you
and your children, even though it entails the ruin of his
own patrimony. 9
Given on the seventh day before the kalends of January at Aquileia in the year of the consulship of Syagrius and Eucherius.-December(?) 26, 381.
19. The same Augustuses.

(After other matters.) Whenever any tax payment in
gold is made under the title of taxes due, it shall not otherwise be given except with the knowledge of the defenders
of the municipalities, with whose cognizance, just as it was
previously commanded, taxes due shall be paid and tax
receipts shall be rendered. The sanction of the law40 originally issued shall also be observed whereby the orderly
written statement of the tax receipts or securities rendered,
when delivered by the tax receivers, shall contain the
form41 of the indiction and shall show proof of the payment that was exacted.
Given42 on the day before the kalends of February at Beirut in

the year of the consulship of Richomer and Clearchus.-January
31, 384.
2o.4 The same Augustuses to Principius, Praetorian Prefect.

It is manifest that a rescript that has been damnably
and surreptitiously elicited, to the fraud of the annonarian
account and of loyal public devotion," shall not be able to
obtain any force. Therefore, a general rule of tax payment
that is equal and equitable shall be observed4 5 in the case
of all persons.
Given on the eighth day before the kalends of October at Aquileia
consulship of Bauto.-September 24, 385.
21." Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.
Except in the case of the taxes in kind for the border
militia, no landholder shall be assigned to furnish post
stations47 or to deliver payments in kind at a considerable
distance, but reasonable consideration shall be taken of the
entire journey and the necessity 26 involved.'
Given on the tenth day before the kalends of January at Constantinople in the year of the first consulship of Arcadius Augustus
and the consulship of Bauto.-December 23 (18), 385.
" Or: your children, and then he shall suffer the ruin of his own
patrimony. This seems to refer to confiscation.
40 12, 6, 18.
41 forma, form, formal statement, formulary, general rule, order.
42 Posted; ii,
15, 2.
43 1, 2, 9; CJ 10, 16,
7.
44 devotio, devotion, loyalty, the regular word for prompt payment of taxes. Powerful influences, usually represented by great
landholders, were often able to obtain special exemptions, which
added greatly to the burdens of the poor. Cf. 10, 25, n. 3; Min.
Sen., n. 25.
Or: one and the same form of tax payment shall be observed.
CJ 10, 16, 8.
47 With supplies for the animals, for the personnel of the post
station, and for travelers.
4
46
[ 293 1
11-1*22

Inland municipalities were formerly burdened with the
tax payments of maritime municipalities, and maritime municipalities with the tax payments of inland municipalities,
so that the transportation caused more expense than the
payment of taxes.' By this law We prohibit such practice,
not only for the present but also for the future, so that
those persons who commit this misdeed shall know that
they will be punished with the extreme penalty.
22.48
Given on the third day before the nones of September at Valentia

of Evodius.-September 3, 386.49
23. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
The additional tax payment of bronze, which without
the authority of ancient custom was imposed by Tatianus
on the shoulders of the provincials, shall be completely removed from all by Our salutary regulation.
year of the third50 consulship of Theodosius Augustus and the consulship of Abundantius.-June 12, 393.
26. The same Augustuses to Vincentius, Praetorian Prefect of Gaul.

Every privilege of special grants of imperial favor shall
be abolished, and Your Sublimity shall command that all
landholders be constrained to the performance of the compulsory public services, 7 in the provinces, of course, from
which complaint has arisen or in which are observed this
method and assessment of the plebeians 60 who must be held
bound. No person shall be relieved by favoritism, no person
shall be vexed by the disadvantage of an unfair assessment61 but all shall be held by the same fortune; provided,
however, that if a landed estate should be transferred to
another person and a definite number of plebeians6 o had
been assessed upon62 such an estate, the new possessor
shall be compelled to assume the burdens of the estate that
was sold, since it is established that such plebeians must not
be thus assessed upon6 2 all estates, nor must they be taken
away from any estate to which hereafter they may be irrevocably assigned. (Etc.)
Given on the thirteenth day before the kalends of July at Milan
in the year of the consulship of the Most Noble Theodorus.-June
19 (May 20), 399.
We have learned that, according to custom, the usual

supplies in kind are being furnished to the imperial weaving establishments5 2 by the guild members of Carthage, but
that exorbitant prices5" are being paid for these supplies.
It is Our will that this practice shall not occasion a loss to
the members of the guilds, and therefore Your Sublimity
shall establish the scale of prices. 54
27. The same Augustuses to Salvinus, Count of the Privy

Purse.
We command that wealthy men who should have delivered their tax payments in an annual settlement shall pay
fourfold, together with the amount that remains delinquent. 3 But any persons whose lowly circumstances defend
them from the odium attached to such contumacy shall be
forced with all haste to pay the simple sum of the taxes
due. However, they ought to have been held by a fine of
at least half of that prescribed in Our regulation if they
become delinquent in payments due to Our privy purse.

Given on the ides of November at Ravenna in the year of the

consulship of Stilicho and Aurelianus.-November 13, 4oo; 405.64
24. Emperors Arcadius and Honorius Augustuses to Their

Dear Friend Ennoius,"1 Greetings.
2.
(26), 395.
25.55 The same Augustuses to Minervius, Count of the

Privy Purse.
The privileges of dignitaries56 shall not prejudice the
public interests and the statutory necessities.5 Therefore
when any person" obtains the emoluments from a landed
estate, unless, within six months after the space of a year
has rolled by, he should pay the accumulated amount of
delinquent taxes to which he is said to be bound, it is Our
will that the exaction of this sum shall be incumbent on
the owners themselves of the landed estate.
Posted in the edictS9 of the Most Noble Varus, Vicar of the City
of Rome, in the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.-February II, 398.
CJ io, 16, g.
4 8, 5, 49.
48
The fourth, according to the manuscript.

textrina vel gynaeceia. by the imperial weaving establishments
to the guild members, M.
5 moderate, G.
54 One of the many examples of ancient price fixing.
50
51
52
CJ
10,
16, o.
56 Giving them the right to certain kinds of tax exemptions, n. 44.

57 necessitates, munera, compulsory public services, especially the
payment of taxes. Cf. nn. I; 44.
asApparently a tenant and not the owner.

programma. The imperial constitutions were often promulgated
by being publicly posted along with the edict of some high official,
1, 16, lo, n. 50.
59
[ 294

Africa.
We have learned that veterans have vindicated fields that
are obligated to the tax lists, for which they disdain to pay
the tribute. Therefore, if any person should be appre-
hended as holding lands inserted on the tax lists, We command that he shall immediately be compelled to pay the
tribute.
400.64
29. The same Augustuses to the Provincials of the Proconsular Province.65

After long-considered deliberation We decree that
nothing further shall be levied as an extraordinary tax on
you than may be required by the necessity57 of the annonarian account and the loyal devotion4 4 of the provincials. But if it should be possible for there to be a surplus from this amount of the different tax payments in
kind, We command that such surplus shall be accredited
60 The coloni, who are thus inscribed on the tax rolls.
Of a landholding.
ascripti, enrolled on the tax lists, assessed upon, assigned to.
642, 8, 24; I, 12, 8, n. 26.
68 Or: not due, M.
65 Africa, consisting of Numidia, Byzacium, and Tripolitana. M.
places a lacuna after: a landholder shall bring together; and another lacuna after: Proconsular, where he supplies: the landholder
of the province likewise.
61
62

to future tax payments. Of course, a landholder shall bring
together and pay his grain in his own district.
From the twenty solidi that were formerly collected for
each curatory horse, 6 6 two solidi shall be deducted, so that
the landholders of Proconsular. Numidia shall know that
they must pay eighteen solidi for each horse. The inhabitants of Byzacium and the Tripolitans also shall know that
they must pay fifteen solidi for each horse. Furthermore,
nothing at all shall be given in the name of the fees which
were once paid to the count of the sacred imperial stable.
of the consulship of Vincentius and Fravitus.-March31, 401.
30. Emperors Arcadius, Honorius, and Theodosius Au-
gustuses to Sapidianus, Vicar of Africa.

If any rescript should be impetrated by any person whatever with reference to changing the regular tax, such rescript shall be voided, and if any person hereafter should
dare to request what We prohibit, he shall be held liable to
a double payment. For since in private causes all rescripts
are annulled that have been elicited contrary to the law, even
more properly in public matters do We void anything that
has been extorted 7 contrary to the ancient decrees.
Given on the day before the nones of September at Altinum in
the year of the sixth consulship of Arcadius Augustus and the
consulship of Probus.-September 4, 406; 399.
Seleucus, Praetorian Prefect.

The landholders in Africa are being forced to pay taxes
for abandoned landholdings. In order to prevent this practice, by this decree We sanction that no landholder and no
taxpaying 69 landed estate shall be held obligated for the
taxes due of another person or for another's abandoned
estate, nor shall they be burdened by any dishonorable
agreement70 with respect to any of those landed estates
which are proved not to be from the same property which
they hold. Thus the tax collections shall not be marred by
any trickery and falsification. 1 Therefore, We decree that
chosen tax inspectors shall immediately be sent, in order
that in accordance with their report an estimate may be
made as to what extent provision must be made for the
entire regular tax and for the customary payment to be
unimpaired.
Given on the day before the kalends of February at Ravenna in
the year of the ninth72 consulship of Honorius Augustus and the
fifth consulship of Theodosius Augustus.-January 31, 412.

Africa.
We decree that the entire tax payment of gold and silver shall be demanded of the landholders in the City of
Carthage, in which there is an opportunity to approach the
11-1-34
7
judge 8
if a fraudulent plunderer should appear; thus no

person" may have the opportunity to deny the tax receipts,
since the loyalty44 of the taxpayer can be disclosed to the
judge.78 Of course, all those persons shall be removed who
hasten to seek out and acquire profits in addition to the tax
collections from the provincials.:
33.75 Emperor Theodosius Augustus to Isidorus, Praetorian Prefect of Illyricum.

We decree that the amount of taxes to be demanded
from each province shall be the sum which Your Sublimity has indicated was recently promised by them."' But in
order that no tax inspector henceforth shall come to their
landholdings, an event which they most especially fear,71
the others shall follow the example of the Macedonians and
shall assume the payment of half the amount of taxes that
they are known to have paid. But since the Achaeans have
protested that they are not able to pay more than a third
part, they shall pay that amount which they have promised
that they undoubtedly will be able to pay. This arrangement must be observed for all future time, and it shall take
its appropriate beginning with the opening of the eighth
year of the indiction." The sacrosanct Church of the City
of Thessalonica shall be excepted from this regulation, but
with the provision that it shall clearly know that by the
special grant of imperial favor of My Divinity only the
amount of its own capitation taxes shall be alleviated and
that the State78 must not be injured by the burden of tax
exemptions of extraneous persons, 79 by a misuse of the
name of the Church.
Given on the sixth day before the ides of October at Constantinople in the year of the consulship of the Most Noble Victor.October 10, 424; 423.

Their Own Dear Friend Celer,51 Greetings.
Never by the collusion 7l of judges78 shall any landholder
of Africa be surrendered for plundering to the civil tax
collectors or the military tax collectors,o but We sanction
that after such landholders have been granted a moratorium of four months from the day of the publication of this
edict, they shall bring the gold" to the Capitol with the
zeal of spontaneous devotion.4" If they should be guilty of
tardiness beyond this time, then the account of their taxes
due and demanded shall be assigned to a military tax collector.82 The eloquent statement of the delegate, the Respectable Count Bubulcus," has impelled Our Piety to
decree these measures.
Given on the fifth day before the kalends of March in the year
after the consulship of Felix and Taurus.-February25, 429.
The judge ordinary, the governor of the province.
7 CJ I, 2, 8; lo, 16, 12.
7 Evidently by a delegation sent to implore tax relief, 12, 12.
7
66 As commutation for the price of the horses, equi curatoricii,

that were delivered to the State as tax payments, II, 17, n. 2.
67 The Emperor was often unable to resist the pressure of powerful interests, chiefly great landholders, but he sometimes found a
partial remedy by annulling his own rescripts, as here, Min. Sen.,
n.
25.
68 CJ II, 59,
12.
munificSt.
70 Reading depectione. Or reading defectione: by the abandonment
of those landed estates.
71 Bureaucratic corruption was customary and usually evaded
punishment, n. i.
72 The eighth, ms. V.
69
7 Tax collector.
7 September I, 424.
78 res publica, commonwealth, republic, State, municipality. Cf.

10, 25, n.
3.
7 Not officially connected with the Church of Thessalonica.

80 Reading compulsori aut opinatori. Or, reading pro compulsore
aut opinatore: for the benefit of the civil tax collectors or the
military tax collectors.
81 Tax payments of gold.
82 -miles.
8 As an official spokesman of a delegation from the Province of

Africa sent to implore tax relief, 12, I, 186; 12, 12.
E 295 J
11-1-35
35. The same Augustuses to Volusianus, Praetorian Prefect.

(After other matters.) All this provision of Ours looks
to the advantage of the provincials, but lest they should be
drawn away from their loyal devotion4 4 by an excessive
security, and lest their desire to pay their taxes should
cease if necessity should be removed, they shall pay that
which is payable to Our treasury in the following manner,
namely, that under all conditions, before the year of the
indicti6n has elapsed, the landholders, grateful for Our
benefits, shall pay their annual tribute in full. But if any
taxpayer should wish to defer his payments to a later date,
the governor 7 of the province shall compel him with all the
severity of exaction. (Etc.)
Given on the sixteenth day before the kalends of March at Ravenna in the year after the consulship of Felix and Taurus.-February 14 (27), 429.84
36.86 The same Augustuses to Flavianus, Praetorian Prefect.

With the exception of the patrimony of Our Piety,
whose income indeed We very frequently assign to public
needs, We decree that all landholders must assume their
public compulsory services57 in all accounts of regular
taxes and of superindictions, without exemption through
any special grant of imperial favor.6 7 Therefore Your
Sublimity shall observe the provisions of Our pragmatic
sanction and without any discrimination shall compel all
landholders to undergo the payment of the amount assigned them by the designation of tax assessments, insofar, of course, as such landholders are obligated to the perf ormance of such compulsory public service.
Given on the third day before the kalends of May at Ravenna in
the year of the consulship of Bassus and Antiochus.-April 29, 431.
37. The same Augustuses to Darius, Praetorian Prefect.

Previous rescripts, however they were impetrated, shall
remain in their own undisturbed force, since it is impious
for the generosity of the Emperor to be revoked, but in the
future, with the exception of Cyrus, the Most Reverend
Bishop of the City of Aphrodisium, whose merits are so
great that even contrary to the provisions of a general
sanction of this kind, he shall not be prohibited from the
full enjoyment of a special grant of imperial favor, if any
person, by the permission granted him by Our annotation,
should wish to pay his tribute in gold, an estimate shall be
made by balancing 86 the accounts for a five-year period, with
the reckoning of barrenness and productivity made in accordance with the current market prices, and of such sum
which is computed by carefully considering the fruits of
the five-year period, he shall be compelled to pay a fifth
part for each separate year.
Given on the fifth day before the kalends of September at Apamea
in the year of the consulship of Isidorus and Senator.-August 28,
436.
TITLE 2: TRIBUTE' MUST BE PAID IN NAT-
URAL PRODUCTS (TRIBUTA IN IPSIS SPECIEBUS INFERRI)

i. Emperors Valentinian and Valens Augustuses to Sym-
machus, Prefect of the City.

You shall know that the license of issuing tax receipts
84 Since
II, I, 34 is dated February 25, this date is suspect.
s CJ I I, 75,
5.
86 averaging.
for money payments 2 is prohibited, so that henceforth

neither for a future nor for a past obligation shall money'
be demanded from the provincials under this title.
Posted on the day before the ides of August in the year of the
consulship of Valentinian and Valens Augustuses.-August 12, 365.
City.
In pondering the interests of the Eternal City, We have
decided that the provincials shall bring together the actual
wine, so that the wine may be transported to Rome, and the
presumption of the issuance of tax receipts for money payments2 shall be condemned.
i. So greatly have We extended to the uses of the
people4 the advantages of Our helpful provision that a relaxation of prices shall also be granted. Of course, We
sanction that for the several qualities of wine there shall
be a reduction of one fourth in the prices as they are current in the open market, so that the same quality of wine
shall be bought by the purchasers.'
Given on the tenth day before the kalends of November at Milan
-October(?) 23, 365; 364.
3. Emperors Valens, Gratian, and Valentinian Angustuses

to Probianus, Prefect of the City.
Whenever in accordance with the customary regulation'
wine is required to be collected from the provincials for the
advantage of the populace,4 such wine shall be immediately
accepted when conveyed to the City, so that the provision
for distribution shall be granted at the suitable time, and
for the use of the people* those kinds of wine shall be
issued which on account of their nature cannot bear the
passage of time. We decree that this regulation shall be
uniformly observed in the case of all wine that is collected
from the urbicarian district.7
Given on the fifteenth day before the kalends of October at Trier
consulship of Merobaudes.-September 17, 377.
4. Emperors Gratian, Valentinian, and Theodosius Augustuses.

Whenever, in accordance with custom, payment is demanded in the case of regular taxes or of taxes due, not the
prices of the natural products demanded shall be paid, but
the natural products themselves, of course, so that under
the title of products in kind the taxpayer shall pay products
in kind and not acquiesce under a rating of prices on occasions that prove expensive;8 for this is a matter of the
highest importance and the source whence all complaints
are accustomed to derive. For the criminality of participating in an illicit transaction shall involve both the receiver and the giver. 9 (Etc.)
Giveno on the day before the kalends of February at Beirut in
31, 384.
2 apochare, to issue receipts for money payments, thus
commuting tax payments in kind into money payments. Cf. II, I, 2.
3 Bribery may be implied.
4 Of Rome, and probably of Constantinople,
II, I, n. 38.
5 At the lesser price, one of the many instances of price regulation.
6
expectation, M.
1o Posted, HI,15, 2.
I Taxes. Cf. II, i, n. i.
II, I, n. 24.
8 Under the stress of high prices.

9 Of money prices, usually involving bribery and official corruption, ii, , n. i.
E 296 ]
No Tax Payments through Tax Accountants

No person shall suppose that money may be paid instead
of actual products in kind, and all men shall know that if
any person should suppose that any fraudulent act may be
perpetrated contrary to this law of Our Serenity, he shall
forfeit tax receipts issued in this manner.2
Given on the fifteenth day before the kalends of January at Constantinople in the year of the consulship of Timasius and Promotus.
-December
18, 389; 385.11
TITLE 3: NO FARM CAN BE PURCHASED

WITHOUT THE ASSUMPTION OF ITS TAX
ASSESSMENT AND ITS DELINQUENT
TAXES' (SINE CENSU VEL RELIQUIS FUNDUM COMPARARI NON POSSE)
1.2 Emperor Constantine Augustus to Antonius Marcellinus, Governors of the First Province of Lyons.
While We were considering the interests 4 of the annonarian accounts, in order that We might learn what amount
of such tax payments remained delinquent for the separate provinces and under what titles, We learned that the
chief cause of delinquent taxes was the fact that some persons are taking advantage of the temporary exigencies of
others and are purchasing rich and choice farms under the
condition that they shall not pay to the fisc the delinquent
taxes of such farms and that they shall possess them taxfree. Therefore it is Our pleasure that if it should appear
that any person has made such a contract and has purchased a landholding in this manner, he shall be held liable
for all the taxes of such purchased farm and for all the
delinquent taxes of such landholding.
Given on the kalends of July at Kalns in the year of the fifth

Caesar.-July I, 319; 313.
2. The same Augustus to Acacius, Count of Macedonia.

Slaves assigned to the tax rolls' shall be sold within the
limits of the province, and if any person should obtain the
ownership of such slaves by purchase, he shall know that
he must investigate the situation' for himself. It is reasonable that the same rule should be observed also in the case
of landholdings. For all pacts shall be annulled, while the
burdens and public payments of such landholdings shall
pertain to the responsibility of those persons to whose
ownership such landholdings have passed.
Given on the third day before the kalends of March at Thessalonica in the year of the consulship of Constantius and Maximus.
-February 27, 327.
3.9 Emperor Julian Augustus to Secundus, Praetorian Prefect.

All men shall assume the public payments8 for those
fields which they possess, and they shall not be assisted by
118, 4, 17.
1
2 CJ 4, 47,
Brev. I1, 2; CJ 4, 47.
3 Praeses.
4 emolumenta, advantages, income, receipts.
Given on the fourteenth day before the kalends of March at

the consulship of Sallustius.-February16, 363.
INTERPRETATION:
No person shall dare to purchase a
fieldo . . . but all shall fulfill the requirements of the
regular tax payments for those fields that may come to

them in any manner whatever. Nor shall any man whatever
be free to bargain about the payment of tribute, but
whether a field is donated or sold, the person who becomes
owner shall assume responsibility for all the tribute of the
property.
4. The same Augustus: an Edict.
(After other matters.) It is just that the tribute should
be exacted of the owner'I who reaps the fruits.
Given on the third day before the kalends of March in the year
of the fourth consulship of Julian Augustus and the consulship of
Sallustius.-February27, 363.

If any person in any manner should obtain the ownership of the property of another, he shall immediately demand that his own name be recorded on the pages of the
tax lists for the part of the property of which he has become the possessor, and he shall pledge that he will pay
the taxes. Thus the burden shall be removed from the
author of his right,"3 and the tax payments" shall be transferred to his successor.
Given on the fifteenth day before the kalends of October at Constantinople in the year of the consulship of Tatianus and Symmachus.-September 17, 37I.15
person in any manner whatever should acquire the ownership of any property, he shall
immediately request that his own name be inscribed in the
public records for that part of the property of which he
has become possessor, and he shall promise that he will
pay the tribute of the field of which he is the possessor.
Thus all disquietude shall be removed from the author of
the right,1 3 that is, from the former owner, and the payment shall be transferred to the present owner.
TITLE 4: NO TAX PAYMENTS SHALL BE
MADE THROUGH TAX ACCOUNTANTS (NE
COLLATIO PER LOGOGRAPHOS CELEBRETUR)
I. Emperors Valentinian, Valens, and Gratian Augustuses
If any taxpayer should entrust his taxable land' to a tax
2.
5 Aquileia, 12, I, 6.
6Mancipia ascripta censibus and thus definitely attached to landholdings; perhaps coloni who were slaves of the soil to which they
were thus attached, ii, I, n. 62.
7Or: assume the tax burden, G.
8 Taxes.
11-4-1
any pacts to the contrary, if, for example, the vendor or
donor should wish by an illicit pact to retain as his own
the burden of tax payments, and if the tax declaration has
not yet been transferred but perchance remains listed as the
responsibility of the former owner of the field, since the
parties to the sale arrange by collusion that the tax payments should be exacted from nonpossessors instead of
from the possessors.
9 Brev. II, 2, I; CJ 4, 47, 3.
10 Without assuming its tax liabilities.
II dominus, owner, master, proprietor.

12 Brev. II, 2, 2.
1s auctor, author, authority, author of a right, guarantor of a sale.
14 capitatio, originally capitation tax but finally equated with the
land tax, jugatio.
15 5, II,
12, n. 22.
1 jugatio,
land tax, taxable unit of land.
297
No Tax Payments through Tax Accountants

11*4-1
accountant, he shall know that it will be vindicated to the
the consulship of Palladius.-January7, 46.
fisc. If the taxpayer should also forget the regular order
of the tax levy, pass over the tax receivers and State store3. Emperors Theodosius and Valentinian Augustuses to
houses, and deliver to tax accountants any payment, either
Isidorus, Praetorian Prefect.
in money or in the actual products or in gold, he shall know
Since it appears to be advantageous to the landholders
that he will forfeit all this payment and that the exaction of
of
all the district of Egypt, a preliminary tax rate anhis tax will be demanded of him in due order. Moreover,
nouncement
shall be published before the kalends of May
if any apparitors should be discovered to have received
places.- This shall be done so that before the
in
appropriate
anything from such traffic which they seize upon with preis sent, the taxpayers may not be compelled
tax
rate
regular
2
cipitate avarice, they shall restore this amount under the
to pay that which later perhaps the
ignorance
through
penalty of twofold which will be inflicted3 upon them. Inas undue, after the regular tax rate
may
challenge"
event
sofar as concerns the tax accountants themselves, they
is
issued,
as happened in a previous year.'
announcement
shall remain in the hazardous situation of their former
clerks of your exalted office
bureau
the
all
particulars
In
ignoble status,4 since, indeed, instead of all punishments
fulfill Our salutary orders, so that at the risk of the
shall
it shall suffice for them that they be subject to the constant
office staff of the augustal prefect and of the office staff of
danger of torture.
the
governor and of the municipal defender this ordinance
Given on the day before the nones of April at Seleucia in the
shall
come to the knowledge of all, by being posted for a
year of the consulship of Modestus and Arintheus.-April 4, 372.
period of two months in the most frequented places.
TITLE 5: INDICTIONS' (DE INDICTIONIBUS)
Given on the day before the nones of June at Constantinople in

the year of the consulship of Isidorus and Senator.-June 4, 436.
i. Emperors Arcadius and Honorius Augustuses to Pompeianus, Proconsul of Africa.

We command that only that amount which is necessary
for the soldiers stationed within Africa shall be levied upon
the provincials and only so much demanded as is required
by the reckoning according to the evidence of the official
registers of soldiers. Thus if there should be any surplus
from the issues of supplies to the soldiers, either in various supplies in kind or in pay2 or in transportation, such
surplus shall be accredited to the future levy and tax payment.
4.7 The same Augustuses to Darius, Praetorian Prefect.

Before the beginning of the indiction Your Sublimity
shall send specific notice of the tax levies to each separate
province; you shall provide that the measure of the tax
payment shall be foreseen far in advance by the landholders, and thus accounted to their customary devotion
rather than to unforeseen chicanery." Thus the necessity
for the provincials to undergo any losses shall be removed,
and the license to inflict such losses shall be denied to the
office staffs.9
Given on the fifth day before the kalends of April in the year
of the consulship of Vincentius and Fravitus.-March 28, 401.

Absolutely all possessors of land under any title whatever shall be compelled to pay the amount that appears to
be included in the tax levy under the name of superindiction, as though this were the regular tax," and in order
that there may be no doubt, by this manifest regulation We
decree that such superindiction shall be demanded rather
under the name of regular tax. Therefore no house,
whether it belongs either to the sacred imperial patrimony
or is subject to emphyteutic right or belongs to a private
individual, even though it should be proved to have some
special privilege, shall be exempt from such a compulsory
public service,4 and this tax is not now called extraordinary, as heretofore, but has received the name of regular
tax on Our own motion.
Given on the seventh day before the ides of January at Ravenna
2
The customary bureaucratic corruption which usually evaded
punishment, II, I, n. I.
(DE SUPER-
1.2 Emperors Gratian, Valentinian, and Theodosius Augustuses to the Proconsuls, Vicars and All Governors.
No provincial shall pay anything in the name of a superindiction on the sole authority of letters of the prefect,
nor shall the title' of any tax levy, even the customary one,
threaten the provincials, unless an indiction of the Most
August office,- confirmed by Our judgment and attached
to the imperial orders, demands such a tax payment, and
thus the collection may be enforced.
Given on the seventh day before the kalends of June at Milan in
the year of the consulship of Antonius and Syagrius.-May (December) 26, 382.
INTERPRETATION: This law commands that no superindiction shall be imposed upon the provincials through the
governors of the provinces, unless perchance an imperial
frequented places, M.
6 may prove, M.
1. Certain groups were exempt from taxes levied as
superindictions. In order that he may collect such taxes from them,
the Emperor decrees that the present superindiction, superindictum,

shall not be called a superindiction but shall be given the name and
status of the regular tax, canon, II, I, n. 14; II, 16, 23; II, 16,
ii, 16, 5-6; II, 16, 9; II, 16, 12-14; II, 16, 20-23; 15, 3, 6.
1, n. 57.
298
7 CJ
10,
17, 2.
8 The responsibility for the tax payment shall rest upon their
customary devotion rather than on unforeseen chicanery.
9 Bureaucratic corruption.
I CJ 10, 17. Cf. iI, I, n. I.

2 praebitio, pay, salary, tax payment, payment of soldiers.
S11I,
TITLE 6: SUPERINDICTIONS'
INDICTO)
5 in locis, in the various districts, appropriate places. In the most
3they shall restore that which they extorted, M.

4 condicio.
3 CJ 1o, 17,
Given on the fifth day before the kalends of September at Apamea

in the year of the consulship of Isidorus and Senator.-August 28,
436.
1-2;
I Brev. II, 3; CJ io, 18.

2 Brev. i1, 3, I; CJ io, 18, 1.
3 Rectores.
4 Reading titulus. Or, reading titulis, with M: nor shall he
threaten the provincials with the titles (accounts) of any tax levy.
5 Of the praetorian prefect.
Tax Collections
order is proved to have been issued with reference to this
matter. For then it will be possible to demand or exact such
superindiction when it is recognized as established by the
Master of the State.
TITLE 7: TAX COLLECTIONS'
TIONIBUS)
(DE EXAC-
Emperor Constantine Augustus to Aelianus, Proconsul

of Africa.
(After other matters.) The ducenarii, centenarii, and
sexagenarii shall not sue any person whose taxes are due
until they have received the lists of names of such taxpayers from the registrar of the municipality. The collection must be made without any extortion,4 and thus if
any person should complain in court that payment has been
unduly exacted of him or that he has sustained any annoyance, and if he should be able to prove this fact, a severe
sentence shall be pronounced against such tax collectors.
1.2
Given on the kalends of November at Trier in the year of the

fourth consulship of Constantine Augustus and of Licinius.-November I, 315; November 8,
3I3.5
2. The same Augustus to Pacatianus, Vicar of Britain.

Every decurion shall be sued for only that portion of
land in respect to which either he or his colonus or his
taxable dependent 6 is sued and from which they collect
the fruits, and no decurion shall be sued at all on account
of another decurion or for the territory of another. For
this is manifestly prohibited, and henceforth it must be
observed that in accordance with Our provision no person
shall suffer wrong on account of another.
Given on the twelfth day before the kalends of December in the
year of the7 consulship of Constantine Augustus and of Licinius
Caesar.-November 20, 319.
In connection with the payment of taxes due, no person

shall fear that he will suffer, at the hands of perverse and
enraged judges, imprisonment and lashes of leaded whips,
or weights, or any other form of torture devised by the
arrogance of judges. Prisons are for criminals; prisons
are for guilty men, for apparitors, together with the brand
of infamy upon those judges by whose functions the offenders against this law must hereafter be more restrained.
In accordance with this law, taxpayers shall proceed in security; or at any rate, if any man is so alien from human
feeling that he should contumaciously abuse this grant of
indulgence, he shall be detained in free and open military
custody, as is established by ordinary usage. If he should
persist in his stubborn wickedness, his fellow citizens shall
be given access to his property and all his substance,' and
with the ownership of the property they shall undertake the
performance of his obligations to the State. Since We grant
such an opportunity, We believe that all men will be more
1 Brev. II, 4; CJ 10, 19. Cf. II,
I, n. I.
CJ IO,
Tax collectors (exactores) of various grades.
19, I.
4 Tax collections offered unusual opportunities for extortion and
various forms of corruption.

6 tributarius.
5 I, 12, I, n. 3.
7 In the year of the fifth consulship of Constantine.
8 CJ 1o, 19, 2.
9 A definite quota of taxes was assessed on each municipality. If
any taxpayer defaulted in his payments, the other taxpayers of the

municipality must supply the deficit, 10, 25, n. 3.
11-7-7
inclined to pay that which is demanded for the use of Our

army and f or the common saf ety.
Given on the kalends of February in the year of the sixth consulship of Constantine Augustus and the consulship of Constantius
Caesar.-Februaryi (January 31), 320.10
4.11
The same Augustus to the Africans.
Since by your modest entreaty 2 you have deservedly requested that the remission of delinquent taxes shall not
profit those persons who delay their payments to the fisc,
We specifically command the observance of the regulation
that if any person should contumaciously delay the satisfaction of his dues to the fisc, his property shall be sold,
and perpetual validity of possession shall be granted to the
purchasers thereof. (Etc.)
Given on the fifteenth day before the kalends of June at Sofia
(Serdica) in the year of the consulship of Constantiusand Maximus.
-May
18, 327; 328.
INTERPRETATION: With reference to those persons who
contumaciously refuse to pay the tribute on their fields,

the fields of the person who contumaciously refuses to pay
his tribute shall be sold by the tax collector, and the purchaser shall possess with secure right whatever he has
bought in this way.
5.1' Emperor Constantius Augustus to the Most Perfect
Nemesianus, Count of the Largesses.

Whenever any person is found to be a debtor of both
the privy purse 4 and of the fisc' 5 and has been arrested by
one office staff,' 6 he who carries him off" shall be constrained"8 to the payment of the entire debt and shall take
upon himself the exaction of the whole sum, since he supposed that the aforesaid person should be snatched away
and carried off.
Given on the fourth day before the ides of May at Nisibis in the
year of the consulship of Amantius and Albinus.-May 12, 345.
6.19 The same Augustus to Eustathius, Praetorian Prefect.

(After other matters.) The overseers and all other tenants of property belonging to Our privy purse shall be
compelled by the authority of due severity to pay the customary taxes in kind, so that the provincials may not be
exhausted by the tax exemption of the property of Our
privy purse.9
Given on the eighth day before the ides of March.-March 8.
Posted at Rome in the year of the consulship of Limenius and
20
Catullinus-349.

Bibulenius Restitutus, Governor2 2 of Sardinia.
The provincials must not suffer lashes of leaded whips
721
10 On the day before the kalends, 3, 2,

11 Brev. II, 4, 1; CJ Io, 21, 1.
1, n.
2.
12 subclamatio, as reported by a delegation sent by the Africans

to the Emperor. Cf. the acclamations of the Roman Senate, Min.
Sen. n. 55.
13 CJ 10, 19, 3.
14 privati debitor, debtor of a private person; of the privy purse.

15 For the distinction between the fisc and privy purse, see the
Glossary.
16 Representing either the privy purse or the fisc.
17 The person who arrests him, or else some powerful person
who takes the prisoner away from the apparitor.
18 Or: and has been arrested, he shall be held fast by an office
staff, and he who carries him off.
202, 1, 1.
" CJ 1o, 19, 4.
21 CJ 10, 21, 2; Emperor Constantius Augustus.
22 Praeses.
E 299 1
Tax Collections
11-7-7
or the custody of prison on account of unpaid taxes due,
shall pay with emulous zeal of devotion whatever is desince it is recognized that such tortures have not been
manded for land taxes and capitation taxes. 8
established for the innocent but for the guilty. It shall sufGiven on the eighth day before the kalends of June at Milan in
fice for a delinquent taxpayer to be summoned to the neces-May 25, 365.
sity of payment by the seizure of pledges.
Given on the eighth day before the ides of December at Thessalonica in the year of the sixth consulship of Constantius Augustus
and the third consulship of Constans Augustus.-December 6, 353;
346;23 337
8. The same Augustuses2 4 to Taurus, Praetorian Prefect.

The duty of tax collection in the provinces, which is sustained throughout Africa by the governors, 25 the prefects
of the annona, and the fiscal representatives, must not be
usurped by the higher judges, 26 but this duty must be fulfilled only by those persons upon whom the responsibility
is imposed for tax collection.
Given on the fourth day before the nones of September at Dinumna.2 7-September 22. Received on the day before the ides of
November at Carthage in the year of the consulship of Arbitio and
Lollianus.-November 12, 355; 356.
9. Emperors Valentinian and Valens Augustuses to Dracontius, Vicar of Africa.

In accordance with the constitution of Constantius of
sacred memory, Your Worthy Sincerity shall order that
ducenarii shall be prohibited from collecting taxes of the
provincials.
Given on the third day before the ides of May at Adrianople:
May 13. Received on the eighth day before the kalends of October
at Carthage in the year of the consulship of the sainted Jovian and
of Varronianus.-September 24, 364.
The same Augustuses to Florianus, Governor2 9 of

Venetia.
It is Our will that no Christian shall be sued by tax collectors on the Day of the Sun (Sunday), which has long
been considered holy, and by this interdict of Our statute
We sanction peril against any person who should dare to
commit this offense.
1o.28
Given on the eleventh day before the kalends of May at Trier

-April 21, 368; 370; 373.
i i. The same Augustuses to Florianus, Count of the Privy

Purse.
We command that all governors" of provinces shall be
notified that they shall cease from suits in matters pertaining to Our privy purse, lest in bringing forward the compulsory public services31 that are due to the Emperor into
a public trial they should rage against the coloni with the
same injusticeS2 as they have practiced heretofore. We also
add to Our regulation that the fiscal payments shall be delivered in three installments. Your Sincerity shall admonish the fiscal representatives and the procurators that they
28 Constantius was not at Thessalonica 353-354, and there were
not two Augustuses during these years. Hence G. plausibly suggests: in the year of the fourth consulship of Constantius Augustus and the third consulship of Constans (346), II, I, 4.
26 Such as vicars and prefects.
27 Unidentified but probably in Raetia, since in the summer of
355 Constantius was occupied in a Raetian expedition.
28 8, 8, 1.
29 Consularis
30 pruesidentes.
31 principales necessitates. Cf. i i, i, n. 57.
32 Official oppression, 3, 1, 9, n. 24.
12. Emperors Gratian, Valentinian, and Theodosius Augustuses to Constantianus, Vicar of Pontus.
The office of the governor3 4 of the province must collect
the taxes of the houses of the more powerful landholders,
but decurions shall demand payment of decurions; moreover, the defenders of the municipalities, with approved
fidelity, shall compel the smaller landholders to make payment of their fiscal dues.
second consulship of Merobaudes and the consulship of Saturninus.
-May 3, 383.
13.1 5 The same Augustuses to Principius, Praetorian Prefect.

On the Day of the Sun (Sunday), which our ancestors
rightly called the Lord's Day, the prosecution of all litigation and actions shall entirely cease. No person shall demand payment of either a public or a private debt. There
shall be no cognizance of any contention, even before arbitrators, whether these arbitrators be demanded in court or
voluntarily chosen. If any person should turn aside from
the inspiration and ritual of holy religion, he shall be adjudged not only infamous but also sacrilegious.
Posted on the third day before the nones of November at Aquileia
in the year of the consulship of Emperor Designate Honorius and of
Evodius.-November 3, 386.
If any apparitors have been directed to use the services
of their office in connection with collections of gold, by
their faithful report and their notations they shall write
out the taxes due and the sums delivered of the various
accounts, and the office shall know from the documented
report of the apparitors what taxes appear to have been
collected and what appear to have been delivered, in order
that the tax receivers may not be called away on a long
journey and thus be remiss in their duty to their municipal
councils and sustain a loss to their own private property.
Given on the day before the ides of April at Constantinople in
consulship of Abundantius.-April 12, 383.

(After other matters.) Since very many persons by their
crafty petitions to the Emperor are said to have impetrated rescripts to the effect that their taxes should not be
exacted of them by the customary tax collectors, by this
Our present order We admonish them that in the due performance of the collections of taxes, nothing shall be derogated from ancient custom by the pretext, as it were,
of any special grant of imperial favor of Our Clemency.
Given on the fourth day before the kalends of October at Altinum
in the year of the consulship of the Most Noble Theodorus.-September 28, 399; 400.87
3 jugatio, capitatio. These two words gradually became equated.
34 rector.
35 8, 8, 3; 2, 8, 18.
" CJ 1, 1g, 5.
87
1, 5,
12.
[ 300 ]
Tax Collections
Military tax collectors shall be sent" with tax warrants"o
and shall urge the judges4' and their office staffs to receive12 within the limits of the year what is due as taxes.
Such military tax collectors shall have nothing to do with
the landholders, for if a landholder is in default, the tax
collector, not a soldier,4 3 must press him to pay. Therefore
if a judge 4 1 should allow the provincials to be assigned to
the military tax collectors, he shall be held to the payment
of a fine of twice the amount of the tax; and apparitors

from any office whatever shall receive the sentence of exile
by deportation, if they should be willing to assign to soldiers the taxpayers from whom they should personally
exact the payments; the decurions shall suffer temporary
exile,'4 4 if they should suppose that they must deliver to
military tax collectors those taxpayers from whom they
personally have been accustomed to exact payment. For
it is the duty of the judge4 ' to ascertain the taxpayers
whose payments are due, that of the registrars faithfully
to deliver the names of the owners, and that of the apparitors and decurions, with due observance of the custom
of their districts, to press for payment taxpayers who are
convicted of being delinquent. Thus the military tax collectors shall receive4 5 in full the returns that are due, and
at the end of the year they shall be able to return to their

military service units. But if the military tax collectors
should be delayed beyond a year, the judges 4 ' and their
office staffs, without any delay, shall be compelled to pay
out of their own resources what is due to the soldiers, but
they shall have reserved to them the right of recovery
from those who are obligated.4 6 If any complaint should
come to us that any payments have been retained from the
military tax collectors, 47 a twofold payment shall be immediately exacted from them, so that the soldiers shall receive the part that is their due and the fisc shall receive the
remainder. We also come to the assistance of the judges 41
and their office staffs to the extent that they shall have the
right to exercise their authority against contumacious delinquent taxpayers of whatsoever high rank they may be;
if the tax payment is impudently deferred, the judges4 '
and office staffs may proceed against the overseers, the
procurators, and the landed estates of said delinquent tax-
payers, and they shall also refer their names to Our

knowledge.
Given on the third day before the ides of July at Milan in the
year of the consulship of Vincentius and Fravitus.-July 13, 401.

If members of the secret service or members of the
palatine office staff of the sacred imperial privy purse or
of the largesses should be dispatched to a province, they

shall not dare of themselves to sue the landholders for any
38
40
CJ o, 19, 7.
delegatoriae litterae.
39 To the provinces.
Governors of the provinces, the judges ordinary.

To collect.
43 The usual tax collector and not the military tax collector.
4 Exile by relegation, with a fixed time limit.
45 From such collectors and not from the taxpayers directly.
46 The delinquent taxpayers.
T Or: that the military tax collectors have been detained, payment shall be exacted from the judges and their office staffs.
41
42
CJ
10, 23, 2.
11-7*20
cause whatever or for a debt owed to the fisc under any
title, whether such demand should be for delinquent taxes
carried from the past or tribute that is due at the present
time must be paid, but they shall frequently go to the
governor 34 of the province and admonish him, and they
shall insistently press his office staff. But if the governor 4
of a province, for the sake of avoiding the insistent annoyance of the aforesaid officials or for any other reason, by
his own authority should permit such officials to conduct
the public tax collections, both he and his office staff shall
each pay twenty pounds of gold into the fisc.
Given on the seventh day before the ides of December at Constantinople in the year of the consulship of Bassus and Philippus.
-December 7, 408.

We decree that the collection of accounts due to Our
largesses, which has been consecrated by ancient custom as
the responsibility of the palatines, shall be duly performed
according to the ancient practice, and the authority of the
law49 recently established in this regard shall be revoked,
since said law in disregard of the usage of antiquity deprived the palatine dignity of their functions, on account
of the untimely representation of the Achaean delegation
to the Emperor. Therefore the governors2 5 shall be admonished to observe the regulation of this statute through
which We constrain the palatines to perform their ancient
function of collection.
Given on the fifth day before the kalends of October at Constantinople in the year of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.-September 27, 409.

Africa.
It shall be just to demand payment after the kalends of
March of a third part of the regular tax of fields belonging to Our privy purse,50 and a sixth part of the tax of
emphyteutic fields, as custom requires, and after the kalends of July to demand the whole of the unpaid sum of
the regular tax, in order that the landholders may not be
forced to purchase immunity 5' from the outrage of a suit
on account of an untimely tax collection. (Etc.)
The same Augustuses to Eucharius, Proconsul of

Africa.
(After other matters.) At an established time at Carthage the people shall be admitted publicly to the private
council chamber of the governor.5 3 At that time suitable
and strenuous persons shall be appointed as tax collectors.
If any accusation of the people should arise against any of
these collectors, it shall be just that others be appointed in
their place, so that if by a rigid investigation, such collectors should be found guilty of extortion' from the landholders, they shall immediately be subject to the risk of
capital punishment, and a penalty of fourfold the amount
extorted shall be exacted from their patrimony. Moreover,
the judges"' shall know that they will be stricken with the
20.52
II,
50
Or: fields belonging to private persons.

By bribery, ii, i, n. i.
52 Brev. II,
51
7, 17.
53 secretarium.
E 301 ]
4, 2.
Tax Collections
11*7*20
bitterness of a fine of thirty pounds of gold, unless with

the necessary devotion they enforce these salutary regulations.
INTERPRETATION: This law commands that suitable tax
collectors shall be dispatched for the exaction of the

tribute due, and this shall be done in such a way that if
any accusation from the people should arise with reference to these collectors, that is, if a complaint should be
lodged, other collectors shall be dispatched in their place.
Thus, after diligent inquiry is instituted, if it should be
possible to convict them of the crime of superexaction to
the loss of the provincials, they shall be subject to the risk
of capital punishment, and from their property their
superexactions shall be restored twofold. However, the
judges41 of the provinces shall know that they will be
stricken by a penalty of thirty pounds of gold if they
should neglect to enforce this statute.
21. The same Augustuses to Their Own Dear Friend
Eucharius, 4 Greetings.
We judge that it is a serious matter and contrary to the
order of nature that the same decurion should be forced
to undergo both the compulsory service of his municipality
and the duties of a public tax collector. In order that this
may not happen, We sanction by this general law that by
his order, the judge,41 as an interested party, shall appoint
from his own office staff or from those persons who have
discharged their duties in the imperial service and who
have obtained their release, persons suitable for managing
the landed estates of Our Clemency or those estates which
have begun to be held under the name of the fisc. For the
management of such estates must be assumed by those persons who have been accustomed to examine accounts for
illicit gains.5 6 Therefore We impose upon the judges" and
their office staffs a penalty of fifty pounds of gold if they
do not appropriately obey Our decree.
consulship of Theodosius Augustus.-February29, 42.
TITLE 8: SUPEREXACTIONS'
EXACTIONIBUS)
(DE SUPER-
1.2 Emperors Arcadius and Honorius Augustuses to Caesarius, Praetorian Prefect.

If any tax collector should be convicted of the crime of
superexaction, he shall undergo the same punishment as
that which was formerly decreed by the sanction' of the
sainted Valentinian. For since avarice persists in the commission of the same crimes, although it has been prohibited
so many times,' it must hereafter be abolished by peril of
death.
Given on the day before the nones of March at Constantinople in
the year of the consulship of Caesarius and Atticus.-March 6, 397.
54 Proconsul of Africa.
5s Or: from whom an account is customarily required, when they
are suspected of plunder. The interpretation of this constitution is
uncertain.
1 CJ Io, 20. Bureaucratic corruption, unchecked by imperial legislation, II, I, n. I.

2 CJ 10, 20, I; Edict Theod. 149.
3
II, J6, Ii; II, ii, I.
4CJ 10, 20,
The same Augustuses to Apollodorus, Proconsul of

Africa.
If anything should be extorted beyond the tax payment
due, it shall be exacted,' and this amount must be immediately restored to the province.
2.4
Given on the day before the ides of March at Milan in the year
of the consulship of Stilicho and Aurelianus.-March 14, 400.
36 Emperors Honorius and Theodosius Augustuses to

(After other matters.) From repeated complaints of
the persons wronged We learn that the landholders are
being afflicted with heavy loss through the substitution of
excessive measures and weights, and that this offense is
being committed as though by license of law. We command that by their care and astuteness the municipal defenders shall not allow this wrong to be done by the tax
receivers, that they shall arrest the offenders and dispatch
them to court, along with a statement of the evidence of
the fraud that has been committed.
i. Likewise it is known that when Our provincials wish
to attest their wrongs, the right to have legal proceedings7 is denied them by the defenders, the senates, the
curator, and the magistrates," and this action is attributed
to the favoritism of those persons who the said municipal
functionaries know should reasonably be convicted. That
such wrongdoing may not take place, all the provincials
shall know that as often as they request the right to have
legal proceedings and they see that it is denied to them
by the aforesaid persons, they shall post in the most frequented places of their municipalities a written notice9 of
their complaint, of the same tenor as the declaration which
they wished to attest, and they shall summon the scribes
and registrars and shall admonish all the other members
of public office staffs through whom the written complaints
must be collected and presented to the aforementioned
persons,'o even against their will, immediately after the
execution of legal proceedings by an examination of which"
the truth can be sought out. If the case should be proved,
judicial severity shall be exerted against those persons
who are shown to have denied the right to execute such
legal proceedings. 7
TITLE 9: THE SALE OF PLEDGES WHICH

ARE HELD FOR THE PAYMENT OF TRIBUTE'
(DE DISTRAHENDIS PIGNORIBUS QUAE
TRIBUTORUM CAUSA TENENTUR)
i. Emperor Constantine Augustus. 2
Since your predecessor's letters,3 which were sent to

5 From the resources of the extortioner.
6
J I, 55, 9; Edict Theod. 149.
7 acta, 2, 8, I, n. 4.
9 libellus written statement, declaration. Such an inadequate

method of bringing a complaint is one of the many glaring illustrations of the utter helplessness of the lower classes.
10 The municipal functionaries mentioned above.
x1 Or: by an examination of these persons through torture.
1 CJ 10, 21.
2 Addressed to the Governor of Baetica, G., who compares
iI, 9,
2 and the subscription of this law which indicates that it was
posted at Castulo.
3 An official report.
E 302 ]
11l 11
No Losses Shall Be Inflicted upon Provincials

Proculeianus, Tribune and Master of Offices, contain the
statements that the slaves of certain provincials had been
led away as pledges and were being retained by his office,
because said provincials did not pay the clothing and the
horses due as regular taxes, that the masters did not recover such slaves by payment of their taxes due, and that
other men did not purchase them, since they feared that
such a sale would be rescinded, We command that a space
of two months shall be conceded to the masters of such
slaves for the payment of the taxes due. When this time
has elapsed, unless the taxes due have been paid in full,
those persons who come to the sale shall purchase such
slaves with a valid title.
Posted on the day before the kalends of January at Castulo in
the year of the consulship of Severus and Rufinus.-December 31,
323.
Emperor Constantius Augustus to Egnatius Faustinus,

Governor" of Baetica.
If any person should purchase at State auction' a farm
or slaves seized and sold on account of default of payment
of tribute or on account of payments due of clothing, gold,
or silver, which are exacted annually, when such sale is
made after the delinquent debtor has been summoned, after
a claim has been formally lodged before the judge,7 and after
the payment has remained in default, the purchase shall
obtain perpetual validity, since if by chance a minor should
be involved in such a case, it is necessary that he require
someone to assume the role of his statutory defense," especially since We consider that this indulgence shall be
granted to the equity of ancient and modern law, that, of
course, a fair condition shall be preserved also in such
seizures of pledges which have been taken on account of
taxes due to the fisc. There shall be no difference whether
the office staff of the privy purse or of a procurator, or
at any rate the governoro of a province should assign"
a tax payment that is due, if in this case also the delinquent taxpayers should perhaps default, in accordance
with the terms of the law as herein set forth.
2.4
Given on the day before the ides of December in the year of the
consulship of Felicianusand Titianus.-December 12, 337.
TITLE 10: SERVICES SHALL NOT BE EXACTED OF TAXPAYERS' (NE OPERAE A

COLLATORIBUS EXIGANTUR)
Emperors Valentinian, Valens, and Gratian Augustuses to Viventius, Praetorian Prefect.
Your Sincerity shall command that the provincials shall
cease furnishing services which have heretofore been unlawfully required of them. Moreover, when animals arrive
for which escort is due, if the guild members should ap1.2
4 CJ 4, 46, 3.
5 Praeses.
6 sub hasta, since a spear was thrust into the ground at such
auctions as a symbol of the authority of the State.

7 The governor of the province, the judge ordinary.
8persona legitimae defensionis, the statutory guardian, G. The
text and translation are uncertain. G. and Beck suggest: it is necessary that someone should intervene as a person for his legal
defense. M. suggests: it is necessary that someone should assume
the role of his legal defense.
9 summa res, the comptroller of the treasury?
pear to be insufficient for the number of animals,' you

shall not allow freedom from this service to any person
who acquires personal gain from an inn, a drinkshop, or
a tavern.4 For it is better that such services should be the
task of persons of leisure rather than that even the cities
also should be ruined by the unhappy withdrawal of the
rustics.5
Given on the tenth day before the kalends of March at Trier in
Victor.-February 20, 369.
2. The same Augustuses to Cataphronius, Vicar of Italy.

(After other matters.) We allow no provincial to furnish services for the escort of horses or the convoy of
various supplies," because We are not ignorant of the fact
that throughout all the municipalities of Italy . .
Given on the eighteenth day before the kalends of September in

the year of the consulship of Valentinian Augustus and the third
consulship of Valens Augustus.-August 15, 370; 376.
TITLE 11: NO LOSSES SHALL BE INFLICTED

UPON THE PROVINCIALS' (NE DAMNA PROVINCIALIBUS INFLIGANTUR)
1.2 Emperors Valentinian and Valens Augustuses to Probus, Praetorian Prefect of Illyricum.
If any of the persons who serve the governors of the
provinces or perform the duties of chief of office staff in
the various offices, and who under any pretext of compulsory public service are able to inspire fear, should impose the necessity of performing any compulsory service
upon, any rustic as upon a slave belonging to him, or if he
should convert the slave or perhaps the ox of such a rustic
to his own uses and necessities, or if he should extort
guestgifts4 or small presents which the said officials established as regular by custom, or if he should not refuse
such legally condemned gifts, even when they are voluntarily offered, he shall be deprived of all his property and
subjected to the supreme penalty. Likewise, an equally
severe penalty shall constrain the rustic who acknowledges that of his own free will he had presented himself
for services of this kind. The same severe punishment
3
for this compulsory service, M.
4 caupona, propola, tabernaria.

5 From their occupations, on which so much of the imperial
revenue depended.
6 The transmission of tax payments in kind was expensive and
laborious.
7 Supply: of Italy very many men must be forced to the
performance of these services . . . who are subject to the duty of
escort, M.
1 Brev. II, 5. Cf. II, i, n. I.
CJ 10, 24. Cf. II,
there
11 For collection.
10 rector.
1
_7
are very many men and this is the custom, that as often as
those persons appear to be insufficient who . . .7 for the
duty of escort, when an unusually large number of animals
unexpectedly arrives, this service shall be enjoined upon
the tavern keepers of the towns.
i. But it is Our will that the case of the bridge of the
Livenza shall not be prejudiced by Our decrees, so that, of
course, any group of persons would be considered exempt
from the repair of this bridge; but it must be restored
under the following arrangement, namely, that as often as
the occasion requires, it shall be repaired by the landholders of the municipality in their own territory.
i, n.
I.
2 CJ
10, 24, 1.
3 rectores.
2 Brev. II, 5, 1; CJ II, 55,
4.xenia, a Greek word.
E 303 ]
2.
No Losses Shall Be Ir flicted upon Provincials
11*11-1
shall be observed in the case of those persons who force

landholders to present guestgifts' and donations to them or
who do not refuse such gifts when they are offered.
Given on the day before the kalends of October at Kaln (Agrippina) in the year of the consulship of Valentinian and Valens Augustuses.-September 30, 368; 370; 373.
INTERPRETATION: If there should be any person who is
connected with the governor 3 of a province or who performs imperial service or the duties of chief of office staff
in any office, or any person who under the pretext of public service appears to be able to inspire fear, and if such
person should impose the necessity of any servitude upon
any rustic as though upon a slave belonging to him, or if
he should convert a slave or an ox of such rustic to the
use of his own service, or if he should suppose that guestgifts or any kind of presents may be extorted, or if he
should not refuse such gifts when offered, he shall be consigned to the supreme penalty and condemned to the forfeiture of his own property.
TITLE 12: GRANTS OF TAX EXEMPTIONS'

(DE IMMUNITATE CONCESSA)
Emperor Constantius2 Augustus to Marcellinus.3
The public enemy and Our own enemy 4 as well had
granted tax exemptions on their land to different persons
by abolishing the capitation taxes and the tax declarations.
Therefore We order that such privileges shall be completely revoked 5 for all persons.
I.
the consulship of Acindynus and Proculus.-April 29, 340.
Emperor Julian Augustus.

If any person at all has obtained a remission and exemption of capitation taxes, 6 he is exempt and shall be
immune not only from payments of taxes in kind,7 but also
from the payments of all other products and from payments to the imperial largesses. For We do not divide
privileges that should be granted. Indeed, it is better for the
benefit of Our liberality to be available in full than for it
to be repeatedly requested.
2.

the year of the consulship of Mamertinus and Nevitta.-April 30,
362.
3.8 Emperors Valentinian and Valens Augustuses to Florentius, Count of the Sacred Imperial Largesses.
In the performance of compulsory public services, there
must be equal consideration with respect to all property
and all persons who are living the lives of private citizens.
We say this because some private citizens by means of patronage elicit imperial sanctions which they adduce in court,
and they allege that thereby exemption has been granted
them from the payment of imposts9 and of all other such
dues that are customarily paid to the fisc. If at any time We
should grant such exemption to persons in Our imperial
service or to those persons who serve in Our palace, and
if they should prove that they are bound by their oaths of
Cf. 1i, I, n. I; Min. Sen., n. 25.
2 Constantine, ms. V.
4 Constantine II, who had fought with his brother Constantius
for the throne. He was defeated and slain.
5 derogare, diminish, derogate from, revoke.
6 capitatio, the capitation tax had become synonymous with
jugatio, the land tax.
8 CJ 4, 61, 6.
7 annonarius titulus.
1 CJ
10,
25.
9 vectigalia.
imperial service, that which We grant shall be valid and

effective. But if any private citizen should rely upon such a
rescript, it shall be void. For the payment of the impostsg
is no small public service, and it must be rendered on equal
terms by all persons who are engaged in trade or in the
transportation of merchandise.
Given on the tenth day before the kalends of March at Milan in
-February 20, 365.
4. Emperors Arcadius, Honorius, and Theodosius Augustuses to Basilius, Count of the Sacred Imperial Largesses.
Although We recall that previously provision has been
wisely made by means of Our salutary oracles, 0 to the
effect that there shall be a complete annulment of the results of any surreptitious petition of those persons who, in
derogation of the interests of the imperial largesses and
without the knowledge of the palatine office," obtain exemption from their due payments by a release granted by
Our Clemency, nevertheless We embrace the opportunity
to repeat Our regulation, to the effect that all prejudice
shall be annulled, and such petitioners shall pay not only
threefold the amount to which they appear to have been
obligated in the first place, but they shall pay even fourfold, with a more deserved penalty.
Prefixed to a letterl2 of the Illustrious count of the sacred imperial largesses on the third day before the ides of June in the year
of the seventh consulship of Honorius Augustus and the second consulship of Theodosius Augustus.-June II, 407.
TITLE 13: IF GRANTS SHOULD BE SURREP-
TITIOUSLY OBTAINED (SI PER OBREPTIONEM FUERIT IMPETRATA)

I.' Emperors Gratian, Valentinian, and Theodosius Augustuses to Probus, Praetorian Prefect.
All privileges that have been granted to a few persons,
to the ruin of the many, shall be revoked. All persons who
have obtained such exemptions through any kind of corrupt
solicitation shall be reduced to an equal participation with
all other provincials, and their land tax payments, which
had been thus far suspended, shall advantage their municipality.' In order that the holders of such privileges may
more gladly acquiesce in this provision, by Our own example We show Our equanimity in holding in contempt
that which was formerly considered tax exempt, and We
easily persuade that all should do that which We have done.
Therefore, by prefixing the authority of this Our oracle,3
Your Sincerity shall confirm this very fact throughout all
Italy, then also through the urbicarian districts, and the
districts of Africa, and throughout all Illyricum.
Milan in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-Jauary(?)i9, 383.4
30 Rescripts. The reference is uncertain. Cf. Min. Sen., nf. 25; 61.
11 The office of the count of the imperial largesses.
12 A letter of instructions issued by
the count to his subordinates,
I, 16, lo, n. 50.
1 13,
2
1o, 8; II,
7
I, n. i;
Min. Sen., n.
25.
3 This law, as a sacred imperial utterance, would be prefixed to

the edict of the praetor and thus published, Min. Sen., n. 61.
4 6, 30, 6. Hypatius held this prefecture until May 27, 383.
so43
Extraordinary and Menial Compulsory Public Services

TITLE 14: STORES IN THE STATE STORE-
HOUSES' (DE CONDITIS IN PUBLICIS HORREIS)

1.2 Emperors Valentinian and Valens
Augustuses
to
Volusianus, Prefect of the City.

You shall provide that the urban apparitors3 shall not
participate in the annonarian functions. With the participation of the prefect of the annona, you shall make all dis-
positions, and you shall order such matters to be recalled to

your own supervision.
Moreover, before all else, it is Our will that all the
supplies that are being held in the State storehouses shall
be issued in such a way that no distribution of the grain
brought to the storehouses of the City under your prefecture shall be made until the old supplies are exhausted.
If perchance the supplies are so spoiled by age that they
cannot be distributed unmixed without causing complaint,
they shall be so mixed with the new portion that the spoiled
condition shall be concealed by this addition and shall not
cause any loss to the fisc. In charge of this undertaking, in
accordance with your choice and judgment, shall be placed
a noble man, faithful, prudent, of the best conscience, by
virtue of the merits of his integrity,4 who shall be custodian and measurer, and who shall either measure the
grain with a modius 5 or determine by fair estimate how
much is being kept in storage.
Given on the sixth day before the ides of April in the year of
the consulship of the sainted Jovian and of Varronianus.-April(?)
8, (4), 364; 365.6
2. Emperors Arcadius and Honorius Augustuses to Flo-
rentinus, Prefect of the City.

They7 shall obtain nothing from the storehouses until the
entire payment of the regular tax, as instituted by antiquity, has been completed, and the office staff of the City
prefecture shall know that they will be fined ten pounds
of gold if Our decrees should be violated.
Given on the sixth day before the kalends of January at Milan in
third consulship of Honorius Augustus.-December 27, 396.
same Augustuses to Anatolius, Praetorian Prefect

of Illyricum.
To no person hereafter shall the privilege be granted of
touching the supplies in the State storehouses, but if anyone should become a violator of such storehouses and
3.8 The
should dare to appropriate for himself anything from them,

he shall know that the penalty prescribed for him by Our
judgment is that he shall be subjected to the punishment of
exile by deportation and shall be forced to undergo the
forfeiture of all his property.
1 CJ 10, 27. Purchases of supplies by the State.
stantinople were on a permanent dole, ii, I, n. 38; 14, 15-16.
2 1, 6, 5; I, 6, 7; CJ 10, 26, 1.
3 urbaniciani oficiales, apparitors of the prefect of the City.
4 With unconscious irony the Emperor selects a man of integrity
to perpetrate a barefaced fraud.
5 A measure containing about one English peck.
6 Symmachus was Prefect of the City in 364. He and Volusianus
were prefects in 365, but the months of the prefecture of each are
uncertain.
7 The subject is apparently the people of the City of Rome and of
Constantinople. The compilers of the Theodosian Code omitted too
much from the original constitution as found in the archives; Min.
Sen. n. 49.
8 CJ 10, 26, 3.
11-16-1
Given on the seventh day before the ides of July at Constantinople in the year of the consulship of Caesarius and Atticus.July 9 (June 7), 397.
TITLE 15: STATE PURCHASES' (DE PUBLICA

COMPARATIONE)
The overseers and procurators of the Senators throughout the provinces shall suffer no disturbance with reference to the purchase of different kinds of supplies, which
is called synoneton.2
consulship of Taurus and Florentius.-May 3, 361.3
Emperors Gratian, Valentinian, and Theodosius Augustuses.

All men must be more fully informed, that they may
know that with respect to products in kind also, which are
customarily demanded from the provincials at a price under
a mutual agreement of purchase, no compulsion of a tax
levy shall be imposed upon them, but the compulsion of
such an assessment has been removed, and presently adequate prices shall be sent by the office of the Most August
prefect.4 In order that no debt may be contracted for anything, payment of which is either expected or promised to
be paid at some future time, each of Our provincials, at
his own discretion and with loyal spirit, shall gladly furnish and sell the requested supplies at the same prices as
those current in the public market, provided that he shall
deliver the supplies to be sold before he receives all the
gold which is due on account of the sale. Only the houses
of the more powerful, that is, of the great landholders,
have been assigned to this duty. However, they are subject
to exhortation only, and no necessity is enjoined upon them,
so that they may grant their ready consent to the sale of
annonarian supplies. Moreover, the lower classes, or plebeians, shall not be subject to this order, to sell grain for the
use of the public.
2.
Posted on the day before the kalends of February at Beirut in

31, 384.
TITLE 16: EXTRAORDINARY AND MENIAL

COMPULSORY PUBLIC SERVICES' (DE EXTRAORDINARIIS SIVE SORDIDIS MUNERIBUS)
Emperor Constantine Augustus to Catullinus, ProconsuP of Africa.
Our patrimonial farms must not be harassed by extraordinary burdens or services' even to the extent of a half
J.2
1CJ
10, 27. Purchases of supplies by the State.

A Greek word, indicating the growing Greek influence in the
Empire.
2
3 1, 6, 1, n- 5.

s ascriptio, assignment, assessment, order.
1Brev. iI, 6. The payment of taxes included the performance of

the compulsory public services (munera, necessitates ). Extraordinary public services were actually extraordinary taxes, superindictions, and labor was generally conscripted; ii,
2 CJ II, 65, 2.
$ Prefect of the City, ms. V.
E 305
I, n. I.
11*16-1

4
or third portion, since it appears that such farms render

in full the payment of gold and the full measure of grain.
If any person should attempt to violate this statute, he shall
be punished.
Posted on the sixth day before the kalends of September at
Carthage in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius.-August 27, 319; 318.5
2. The same Augustus to Ulpius Flavianus, Governor 6 of

Aemilia and Liguria.
Our patrimonial and emphyteutic farms situated
throughout Our Italy shall be considered exempt from all
extraordinary burdens, so that they shall pay only the regular and customary dues, in the same way as the landholders throughout Africa.
Given on the twelfth day before the kalends of June.-May 21.
Read into the public records in the year of the consulship of Severus
and Rufinus.-323.
3. The same Augustus on the Edict 7 of the Chalcedonians

and Macedonians.
Whenever it is necessary for a tax assessment to be
made, the assessment of each municipality shall be made in
accordance with the plans and regulation of the governor,'
so that the multitude of the lower classes may not be
subjected to the wantonness and subordinated to the interests of the more powerful and thus suffer the infliction of
grave and iniquitous outrages.9
Received on the eighth day before the kalends of May in the
year of the third consulship of Crispus and Constantine Augustuses.10-April
4."
24, 324; 325.
The same Augustus to Aemilianus, Praetorian Pre-
fect.
The assessment of extraordinary public services' shall
not be entrusted to chief decurions, and therefore the governors' of the provinces shall be admonished that they
duly perform this assessment, and with their own hand
they shall write out and in ink annex the names of the
taxpayers. The following general rule shall be observed,
namely, that the payments to be made shall first be rendered by the more powerful and then by the middle class
and the lowest classes. If a farmer should be urgently
occupied in farm work1 2 or in gathering his harvest, he
shall never be dragged off to the performance of extraordinary burdens,' since it is a matter of prudence to satisfy such necessities at the opportune season. If these regulations should be neglected, it shall touch the honorable
status of your vicars;13 and capital punishment shall be
inflicted upon the members of office staffs14 of the governors. 8 Moreover, the governors must write with their
own hand what is needed and in what compulsory public
4 The exemption of the imperial estates from extraordinary services and superindictions of all kinds is established in many constitutions; e.g., 5, 15, 15; 7, 7, 1-2; 10, 3, 3; II, 19, 4; II, 16: 2, 5, 9,
12, 13, 17, 20.
58,
12, 2.
Consularis.
I; 12, 1, 9; 12, 6, I; 13, 6, I; 7, 18, I; 9, 34, 7; Ii, 3, 4;

16, 5, 38; 16, 6, 3.
8 rector.
9 The rich and powerful were usually above the law, 3, I, 9, n. 24.
11 CJ II, 48, I.
10 Caesars.
12 rationes. Most editors unnecessarily conjecture sationes, sow75, 13,
ings.
13 The vicars were the representatives, that is, vicars, of the
prefects.
praetorian
14
upon the governors and office staffs, M.
services' it must be furnished for each personal tax unit;

also what public post services" must be rendered, and what
personal services, or whatever else, and in what measure
they must be furnished. Thus they shall write that they
have confirmed the necessary measures, and the aforesaid
order of collection among the richer, the middle class, and
the lowest classes shall be observed.
Read on the seventh day before the ides of May at Rome in the
year of the consulship of Januarinusand Justus.-May 9, 328.
Italicus.17
5.16 Emperor Constantius Augustus to
It is Our pleasure that the property of Our privy purse

shall be exempt from all compulsory public services of a
menial nature and that the chief tenants of such property
and Our coloni shall not be summoned to the performance
of any menial or extraordinary public services' or any
superindictions. (Etc.)
Given on the eighth day before the kalends of February at
Bologna in the year of the consulship of Placidus and Romulus.
-January 25, 343-18

Beronicianus, Vicar of Asia.
The palatines and the citizens of Constantinople shall
assume only the tax payments and obligations for public
services of their own capitation tax and land tax units, and
they shall be freed from the extraordinary burdens' and
those for the collection of recruit taxes.
Given on the nones of May at Constantinople in the year of the
fourth consulship of Constantius Augustus and the third consulship of Constans Augustus.-May 7, 346; 335.
7. The same Augustus and Julian Caesar to the People.

We command that only those payments shall be exacted
that are contained in the tax proclamations and other orders issued by Us and the payments that are required from
olden times by annual custom. If an unavoidable necessity
should demand anything new and the public interest should
not allow any delay, the matter shall be referred by the
other judges 20 to the Most Noble praetorian prefects. In
accordance with their judgment, the amount that is required shall be demanded, and Our Clemency shall be immediately informed of this action. Therefore if any judge2 0
should demand anything beyond that which was ordered,
We command that he shall pay double and his office staff
fourfold. This payment shall be exacted under the insistent oversight of the Most Noble count of the largesses,
as soon as the complaint has been lodged before Us or before the praetorian prefects and when the crime has been
revealed, so that by Our authority or that of the prefects,
those who have been wronged shall recover what they have
lost by the decision2 1 of the aforesaid judge. 2 0
Given on the fourth day before the nones of April at Milan in
the year of the eighth consulship of Constantius Augustus and the
consulship of Julian Caesar.-April2, 356.
8.22 The same Augustus and Caesar to Taurus, Praetorian

Prefect.
It is Our pleasure that henceforth no judge2 0 at all shall
15 angariae, public post services, postwagons.
1o CJ II, 75, I; Amm. Marc. 20, I, I; 27, 8, 4.

18 Probably issued while Constans was in Britain, Amm. Marcell.
17
20, I, I; 27, 8, 4, etc.

19 CJ 12, 23, I.
20 judices, governors and other high administrative officers.

21 arbitrium, decision, arbitrary action.
22 J 10, 48, 8.
E 306 I

issue any tax proclamation as to any payment that must be
made by the provincials, so that all persons with diligent
zeal shall make only those tax payments that are included
in the general rule of the regular tax as established, or the
payments that Our Clemency decrees must be made when
We sanction them either through the formal tax levy or by
letters issued in advance. But if perhaps there should begin
to be any urgency, We decree that it shall be referred to
Your Excellency, with your authorization a proclamation
shall be issued, and when the payment 23 has been fully
made, it shall be referred to Our knowledge, so that by
Our order it shall be confirmed. Provision for all other
taxes must be made a long time in advance, and We must
be informed at the time of the issuance of the tax proclamation according to custom. Of course, the organization of
the tax proclamation suggests that everything shall be included in due order. Therefore the tax accounts to be paid
shall always be brought to Our knowledge, so that We may
order the annual payments to be made when the tax proclamation is issued each year. Moreover, if any person24 by
his own judgment should make any assessment on the provincials or should exact any payment, he shall pay double
and his office staff shall be forced to pay fourfold. This
penalty shall be exacted under the direction of the count of
the largesses.
Given on the kalends of April at Milan in the year of the ninth
Julian Caesar.-April 1, 357; 356.
9. The same Augustus and Caesar to Taurus, Praetorian

Prefect.
In accordance with the procedure in Africa, Our patrimonial and emphyteutic fields2 5 situated throughout Italy
must be exempted from all extraordinary burdens.' For
We observe that not only throughout Italy but also 26
throughout the urbicarian districts and Sicily, the resources
of the patrimonial and emphyteutic fields must be preserved.
Posted at Rome on the seventh day before the kalends of March in
the year of the consulship of Eusebius and Hypatius.-February
23, 359.
10. Emperor Julian Augustus to Secundus, Praetorian

Prefect.
It is right that no tax levy shall be made upon the provincials without Our knowledge, and that from tax levies
which have been made, no remissions27 shall be granted.
Therefore, all landholders shall be compelled on equal
terms to fulfill all tax obligations that are specified by
custom or by Our regulation, that is, payments for the
public post, transportation, care of the highways, and all
such similar requirements. (Etc.)
Posted on the third day before the ides of March at Constantinople in the year of the consulship of Mamertinus and Nevitta.
-March 13, 362.

Secundus, Praetorian Prefect.
We allow nothing to be demanded from the provincials
11.28
23 when this task has been completed, M.

if any judge, M.
24
25 Lands belonging to the Emperors' patrimony and leased to

emphyteuticaries.
26 Delete: not only . . . but, M.
27 relationes, references to the Emperor, relaxations, remissions.
28 Brev. iI, 6, I; CJ 10, 48, 8.
11-16-13
by an extraordinary tax levy. Therefore, Your Magnificent

Authority shall provide that you do not burden the poorer
classes with the performance of services' beyond those
which have evidently been proclaimed by Our Clemency.
Thus if any person with usurping criminality should attempt to exact anything more than this, he shall be held
obligated to the restitution of fourfold. This severe command shall speed forth to the terror of the judges ordinary29 and of their office staffs, so that if by the connivance of their favoritism or by their ignoble pretense the
decurions should commit any criminality, they also shall be
chastised by a similar penalty of damages.
Given on the fourteenth day before the kalends of April at Constantinople in the year of the consulship of Valentinian and Valens
Augustuses.-March I, 365.
INTERPRETATION: This law
enjoins that nothing shall be
demanded of the provincials under the title of superindictions, except only that which appears to have been levied
by the Masters of the State. The law commands also that if
any person should suppose that anything additional may be
exacted, he shall atoneso by the restitution of f ourf old. But
the law also orders the investigation of this matter to
speed forth to the judges ordinary, 29 so that also if anything should be done in their provinces by any person
whatsoever or by the decurions, they shall likewise be chastised by a similar penalty of damages.
12. Emperors Gratian, Valentinian, and Theodosius Augustuses to Theodorus, Count of the Privy Purse.3
To the Most Noble and Illustrious Praetorian Prefect of
Italy We have directed written instructions that he shall
cease from the outrage of demanding extraordinary compulsory services' from the overseers and chief tenants of
lands belonging to Our patrimony, as well as from those
persons who hold by perpetual right;32 and the exaction of
recruits shall not threaten the suburbicarian districts. Of
course, Your Excellency must provide that the exaction of
grain and horses shall be hastened.
Given on the fifteenth day before the kalends of April at Trier
13 ." The same Augustuses to Hypatius, Praetorian Prefect.
The privileges of Our privy purse shall remain unimpaired, and the landed estates that are let under perpetual
leaseS2 shall not sustain any extraordinary burden.' Such
estates shall not be charged with supplementary tax payments often added and demanded in addition to the original regular tax of their assessment. For, indeed, nothing
of the various tax payments which We order is remitted
from the regular tax payable in gold, which is estimated on
the basis of their privileges. The lessees of such estates
must not be assessed on the same basis as other taxpayers,
since, in addition to their annonarian payments, they are
bound by the perpetual assessments of such estates made
on the basis of their prerogative of payments."
Posted at Carthage on the ides of April in the year after the

consulship of Syagrius and Eucherius.-April 13, 382; 383.
30 componere, compound the crime, Germanic law.
31 Count of the Sacred Imperial Largesses, Claudian, Panegyr.
Theodori 38 ff.
32 emphyteusis.
a3 CJ 10, 48, 10.
3 The above translation is largely conjectural.
E 307 1
11*16*14
14.85 The same Augustuses to Syagrius, Praetorian Prefect.

We order that when persons with the honor of count and
the title of master have presided over the bureaus of memorials, correspondence, or petitions, 36 or when persons
have served Our Clemency in these same bureaus by preparing and sealing Our responses, they shall be made exempt from all compulsory public services of an ignoble nature and from all services as chief collectors of commutation for recruits3 7 or, to designate by a common expression
the thing which We wish to be understood, as chief collectors of recruit taxes.38 Thus each of the aforesaid persons shall be exempt from his tax assessment, not, however, with the consequence that one person shall assume
the burden of another even if it is of such an amount that
he may receive associates in the performance of his public
service; but each person shall either assume his own compulsory service only, or if there is need of an agreement,
he himself shall be associated with another rather than
another shall be joined with him. Therefore, those persons who have retired from Our palace service with the
aforesaid rank may glory that such appropriate privileges
are available to them, and even those who have been advanced to higher ranks shall rejoice that the privileges of
this rank nevertheless are available to them.
Read on the third day before the kalends of September at Capua
in the year of the consulship of Antonius and Syagrius-August 30,
382.
15." The same Augustuses to Hypatius, Praetorian Pre-
fect.
Men of the highest ranks and of the greatest honors,
also the counts of the imperial consistory, Our imperial
secretaries and all chamberlains and ex-chamberlains40
shall be exempted from all compulsory public services of
a menial nature. All other persons, moreover, who are protected by the prerogative of service within the palace, either
as palatines or as members of the imperial service, 4 ' shall
obtain a similar privilege only if they can prove that an exemption of this kind belongs to them by the provisions of
previous statutes and that such benefits were not granted to
them as individuals but were conferred upon some high
rank or some organized group as a common privilege. With
reference to the churches,4 2 rhetoricians, and grammarians
of both branches of learning,43 the ancient custom shall
remain in force.
Of course, Your Magnificence shall understand that the
extraordinary public services' shall be demanded absolutely
from all persons, and you shall remember that hereafter
neither a petition nor any usurpation shall profit any person. The exemption from compulsory public services of a
menial nature shall be as follows: the patrimonies of the
dignitaries listed above shall not be charged with making
flour, baking bread, or service in the breadmaking establishments, and such men shall not be charged with furnishing
supplementary post horses or supplementary post wagons,"
35
3
CJ 10, 48, II.

capitulariafunctio.
39 1I,
16, 18; CJ 1o,
48,
36 memoriae, epistulae, libelli.

3
except for furnishing those supplies which are customarily

used in guarding the Raetian border or those supplies by
which the interests of the Illyrian expeditionary force are
served, according as necessity or the occasion may demand.
From such persons the performance of personal services,
the furnishing of artisans of any sort, or the burning of
lime shall not be demanded as a contribution. The patrimonies of the persons thus exempted shall not supply lumber or wood and boards. Such men shall cease making the
payment of charcoal also, except what is regularly required
for the minting of money or the manufacture of arms, according to ancient custom. They shall not be subject to the
duty of constructing or repairing public and sacred buildings, or of providing quarters in their homes for State
guests." They shall not be burdened by the care of the
roads and bridges. No duty of supplying recruits or commutation for recruits4 6 shall be enjoined upon them. Landholdings fortified by such privileges shall not contribute the
expenses for delegates or for the elite.4 7 However, this
privilege shall advantage only the patrimonies of those persons who appear to possess this high rank in their own
name, so that these special grants of imperial favor shall
benefit persons of high rank to whom they are granted only
so long as each such person survives. Moreover, by a general prerogative We exempt from the performance of compulsory public services of a menial nature all those whose
dignities and persons We touch upon in this law, not only
as long as they are engaged in the imperial service, but even
after their discharge; and We also exempt those persons
who have held similar honors.
Given on the fifth day before the ides of December in the year
of the consulship of Antonius and Syagrius.-December 9, 382.
16.,8 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Neoterius, Praetorian Prefect.
If exemptions from compulsory public services of a
menial nature should be granted to certain persons, they
cannot devolve upon heirs or successors. For a right cannot be perpetual that We evidently grant, not to property
but to persons, in consideration of their dignity and imperial service. Therefore We sanction by the decree of Our
divine oracle49 that in the name of superindictions the
household of no man shall be exempt, and no person shall
dare to demand this privilege.
Given on the eighteenth day before the kalends of May at Milan
consulship of Bauto.-April 14, 385.
17. The same Augustuses to Principius, Praetorian Pre-
fect.
In consideration of the payments that must be exacted
from Our patrimonial and emphyteutic2 5 estates, the burden of extraordinary dues shall be removed therefrom. If
any judges20 or their office staffs should violate such great
privileges and again attempt to stir up such disquietude,
their lives and fortunes shall be endangered. For We command that lands subject to Our patrimonial right, as well
as those subject to emphyteutic tenure,2 5 shall not be called
temonaria functio.
45 Soldiers and other members of the imperial service, 7, 8.
12.
40 Or: honorary chamberlains; cubicularii, ex-cubiculariis.
41militares, military men, soldiers, members of the imperial

service.
42 Omit: churches, M., CJ.
4 Greek and Latin.
44paraveredi,parangariae.
46 Or: of serving as chief collectors of recruit taxes, capitulum

atque temo.
47 allecti, Senators Elite, taxgatherers. For the delegates, cf. 12, 12.
41CJ 10, 48, 13.
49 This constitution, Min. Sen., n. 61.
E 308 I

to sustain any other burdens except those which have been
commanded by divine imperial law.
Given on the third day before the ides of December at Aquileia
consulship of Bauto.-December II, 385.
18.s0 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
We command that no person whatever shall obtain the
special privilege of immunity from extraordinary public
services,' but whatever is required of all the people by the
common duty of such a public service We command to be
fulfilled by all, without any distinction as to merits or persons. Of course, occasions are not lacking when We vindicate the privileges of merits and of high rank from the
common lot, since indeed We prohibit persons excepted by
law from undertaking those compulsory public services
which are called menial. Of course, the titles of the Most
August dignities, including those at the summit of the imperial service and the counts of the imperial consistory,
shall not be called to the necessity of performing such compulsory public services. By a similar grant of privilege We
bestow such rights upon the churches and the rhetoricians
and grammarians of both branches of learning." In order
that there may not be any hidden secret as to what the list
of compulsory public services of a menial nature is, the
following enumeration indicates them and designates them
by the appropriate names. Therefore, if any man is protected by Our law from the performance of such services,
his patrimony shall not be subject to the duty of preparing
meal, shall not.assume the service of bread baking, shall
render no service to the breadmaking establishments, shall
not furnish personal services and artisans; its responsibility
for burning lime shall cease. Such patrimonies shall not be
obligated to contribute boards or wood; they shall also
count the remission of timber payments as being granted
under this exemption. They shall not be sued for the payment of supplementary post horses and of supplementary
post wagons, 4 4 with the exception of those post horses and
wagons which are required by the Raetian border, by the
Illyrian expeditionary army, and by the transport of military food supplies, either on account of necessity or in
accordance with established custom. They shall not be compelled to deliver charcoal, except when it is required for
the minting of money or for the necessary manufacture of
arms, in accordance with ancient custom. They shall not
undertake the responsibility of constructing or repairing
either public or sacred buildings; they shall not be held
obligated to the construction of bridges and highways.
They shall not experience the burden of the supervision of
recruit tax collection, known as temo and capitulum, and
they shall not pay anything as a contribution for the expenses of the elite47 and of delegates. The men above enumerated shall know that all such rights shall belong to their
own special privileges, and they shall understand that such
rights are not conferred upon the property of their wives
or upon their own patrimonies, but their privileges are
limited by the extent of their lives. For if any special
rights are granted to individuals in consideration of their
labors, such privileges cannot be vindicated as securely
established by heirs.
5o 11, 16, 15.
11-16-22
year of the fourth consulship of Valentinian Augustus and the

consulship of Neoterius.-July 5, 390.
19.-" The same Augustuses to Tatianus, Praetorian Prefect

of the Orient.
We previously wrote a law5 2 about extraordinary public
services' and those of a menial nature, and without any
ambiguity We indicated the names of the compulsory public services and the ranks of the dignitaries. We direct that
this law shall be so observed with respect to those persons
on whom Our bounties were showered that they shall fully
enjoy the aforesaid benefits, not merely as long as they are
employed in the imperial service but as long as they may
live.
Given on the eleventh day before the kalends of April at Milan in
the year of the consulship of Tatianus and Symmachus.-March 22,
391.

Messianus, Count of the Privy Purse.
We manifestly and absolutely order that the fields belonging to Our patrimony, whether held by title of lease or
by perpetual right,32 shall not be subject to any obligation
beyond the ordinary payments, whether in the name of
superindiction or of commutation money54 or with reference to any compulsory public services of a menial nature.
For this privilege was not only impetrated from former
sainted Emperors, but it was renewed by Our Serenity.
Therefore if any judge 20 should contravene these provisions, he shall know that five pounds of gold will be exacted
from his own resources, another five pounds from the
members of his office staff, and a like amount from the decurions who hasten to execute such wicked orders.
395;5 June 14, 389.

The privileges must not be impaired which were conferred upon the venerable Church by previous sainted
Emperors. Furthermore, due enforcement shall also guard
as inviolable the privileges conferred upon the Bishop of
the City of Rome, so that the Church shall not assume the
performance of any extraordinary public service- or any
compulsory public service of a menial nature. (Etc.)
Given on the day before the kalends of February at Milan in the
year of the consulship of Caesarius and Atticus.--anuary 31, 397.

We do not allow the privileges of the venerable Church
to be impaired, and so the churches shall not assume the
performance of any extraordinary public service' or compulsory public service of a menial nature. Therefore, by the
threat of punishment We also prohibit the curtailment of
anything obtained through the reverence due to religion in
accordance with the ancient regulations. Thus if any person
serves the Church, he shall fully enjoy the special grants
of imperial favor in accordance with which this provision
was made.
61 CJ 1o, 48, 14-
52 11
1,
10, 48, 15.

54 pretium petitum.
5 4, 22, 3 was issued to Messianus in 389, and Eulogius held the
office of Count of the Privy Purse in 395.
53CJ
56
16, 2, 30.
309
11-16-22
Given on the day before the ides of June at Milan in the year of
the consulship of Caesarius and Atticus.-June r2 (January 31),
397.
3. The same Augustuses and Theodosius Augustus" to

(After other matters.) We exempt persons of Illustrious
rank from the necessity of performing compulsory public
services of a menial nature and from the disadvantages of
any extraordinary public service.' (Etc.)
Given on the fifteenth day before the kalends of March at Ravenna in the year59 of the ninth consulship of Our Lord Honorius
Augustus and the fifth consulship of Our Lord Theodosius Augustus.-February 16, 412; February 15, 409.

Herculius, Praetorian Prefect.5
All persons, regardless of any privilege, shall be compelled to provide for the construction of the walls6 as well
as for the purchase and transport of supplies in kind for
the needs of Illyricum. For in such matters at least We
decree that no person shall be exempt under the pretext of
any privilege, but persons shall be subject to such contributions whenever the extremity demands it, under the condition that not only the wealthy shall be required to perform these compulsory public services, but all men shall
be forced to do so in proportion to the amount of their
landholdings and their land tax units, and this burden shall
extend from the highest to the lowest.
TITLE 17: TAX PAYMENTS OF HORSES (DE

EQUORUM COLLATIONE)
Given on the thirds day before the ides of April at Constantinople

in the year of the consulship of Bassus and Philippus.-April iI,
408; April 9, 407; 412.
i. Emperors Valentinian and Valens Augustuses to Alexandrinus, Count of the Privy Purse.
For each horse that is exacted of the coloni and other
persons subject to this tax, twenty-three solidi shall always
be paid rather than that horses be furnished, as is being
done through the fraud of Our procurators.'
TITLE 18: THOSE PERSONS WHO SHALL BE

EXEMPTED FROM THE PAYMENT OF RECRUITS AND OF HORSES (QUI A PRAEBITIONE TIRONUM ET EQUORUM EXCUSENTUR)
Given on the third day before the kalends of June at MarcianoPolis in the year of the consulship of Lupicinus and Jovinus.-May
30, 367.
2. Emperors Arcadius and Honorius Augustuses to Pompeianus, Proconsul of Africa.

Just as was formerly ordered, the exaction of the commutation in money for the horses that are demanded in the
name of the curatory taxes2 shall be expedited as soon as
possible. Twenty solidi shall be exacted from the provincials for each horse, and seven solidi shall be provided for
each soldier.
Given on the ides of February at Milan in the year of the consulship of Vincentius and Fravitus.-February13, 401.
3. The same Augustuses to the Praetorian Prefects and the

Count of the Sacred Imperial Largesses.
In accordance with the appended list 3 of the several
provinces, We command that after the present twelfth
year of the indiction the military horses paid as regular
taxes of the diocese of Africa shall be commuted into
money payments, and in the assignment of fees to the Most
Noble counts of the stable, We decree that the custom shall
be observed of allowing two solidi for each horse. We command that this general rule shall be observed annually, that
in accordance with the request of the Most Noble Gaudentius, Count of Africa, seven solidi shall be assigned to each
of our most loyal soldiers for each horse.
Given on the twelfth day before the kalends of April at Milan in
the year of the consulship of Vincentius and Fravitus.-March 21,
401; 399.
CJ 1o, 48, 16.

58 Should be: Emperors Honorius and Theodosius Augustuses.
59 In the year of the eighth consulship of Honorius Augustus and
the third consulship of Theodosius Augustus; II, 18, 1.
5
1 Customary bureaucratic corruption, never adequately punished

or controlled, ii,
i, n. i.
2 nomen curatoricium, apparently exacted by the municipal curators or else by the special government agents, the curiosi, II, I,
3 Not extant.
29.
i.1 Emperors Honorius and Theodosius Augustuses to

The necessities of an exhausted treasury demand commutation money for the purchase of recruits, but it is Our
will that recruits shall not be furnished by the Illustrious
prefects while they are wearing the insignia of their high
rank, or after they have held the exalted prefecture. The
masters of the soldiers and the counts of the household
troops shall not be constrained to the performance of any
such compulsory public service; for recruits must not be
demanded from the resources of those men whose valor
subjugates enemy captives for Our triumphs. The aforesaid penalty of damages2 shall not disturb the provost or
the imperial chamberlain,' the palace steward, the count
of the sacred imperial wardrobe, the other chamberlains,
the Illustrious master of offices, the Illustrious quaestor, the
Illustrious counts of the sacred imperial and private treasury, the Respectable chief of the imperial secretaries, the
counts of the imperial consistory and the masters of the
bureaus, or the tribunes and imperial secretaries. The necessity of the aforesaid payment shall not bind the Respectable counts of the chief physicians, the counts of the imperial stable, the curators of the palace, the scholarians,
the assistant masters of the bureaus or the bureaus themselves, the counts of arrangements, the decurions, 4 the
master of admissions, or any others with the similar high
15, I, 49; CJ 10, 49, 1.
5 Of Illyricum.
' Illyricum had been recently devastated by Alaric and the
Visigoths.
7 tituli, forms of tax, tax accounts, II, 16, n. i.
8 On the fifth day before the ides of April in the year of the ninth
consulship of Our Lord Honorius Augustus and the fifth consulship of Our Lord Theodosius Augustus, 15, I, 49.
4
1 11, 16, 23. Alaric was at the gates and the Roman Empire was
crumbling, but the holders of special privileges were so strongly
entrenched that the Emperor did not dare to offend them.
2 damni multa, a strong phrase for a tax payment required by the
needs of the State.
3 primicerius sacri cubiculi, the chief of staff of the sacred imperial bedchamber.
4 Apparently palace decurions and not municipal decurions.
C 310 ]
Tax Payments of Landholdings Granted by the Emperor
11-20-2
rank of count who are associated with Our labors, or the

tribunes or military provosts after proof of long continued
imperial service. Either while they are holding office or
after they have held office, all such persons shall have in
common the due favor of Our royal generosity. No person
whom We honor by the sanction of Our law shall fear
that he may have to furnish recruits, horses, or a gold payment. The compulsory obligation to furnish recruits and
gold shall constrain only those persons whom antiquity
named honorary officials or those persons who have obtained the fasces in civil office, 5 without having previously
laid any foundations by their labors. Furthermore, of the
men of military rank, the provosts and tribunes must be
excluded from such privileges if they have had no experience in military camp and if they have never raged with
martial bronze against the enemy.
4. Emperors Arcadius and Honorius Augustuses to Firminus, Count of the Sacred Imperial Largesses.'
(After other matters.) It is reported that those persons
who hold patrimonial' and emphyteutic estates and also
estates of the privy purse on perpetual tenure,9 and the
overseers of imperial estates are unwilling to make the half
payment of the additional tax and of the superindiction and
of the Raetic burdens.10 Therefore, We command that the
fiscal representatives shall be admonished so that they shall
know that as soon as possible they must observe the regulations" which were established by Valentinian of sainted
memory.
Given on the fifteenth day before the kalends of March at Ravenna in the year of the eighth6 consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-February iS,
TITLE 20: TAX PAYMENTS OF LANDHOLDINGS THAT HAVE BEEN GRANTED BY THE
EMPEROR OR RELIEVED OF TAXES' (DE
COLLATIONE DONATARUM VEL RELEVATARUM POSSESSIONUM)
409; February 16, 412.
TITLE 19: TAX PAYMENTS FROM PATRIMONIAL,' EMPHYTEUTIC, AND PRIVY

PURSE FARMS 2 (DE COLLATIONE FUNDORUM PATRIMONIALIUM VEL EMPHYTEUTICORUM ET REI PRIVATAE)
i. Emperor Constantine Augustus to Dometius Dracontius.3
Whenever several persons possess a patrimonial farm,'
they are not forbidden to make their payment 4 individually
for their portions. For by the proved industry of some the
delinquency of the others can be curbed.
Given on the fifteenth day before the kalends of May at Sirmium.
-April 17. Received on the fifteenth day before the kalends of June
at Carthage in the year of the second consulship of Crispus and
Constantine.-May 18, 321.
2.6 Emperor Julian Augustus.
All men who hold patrimonial' farms shall be summoned

to the performance of all compulsory public services incumbent upon such estates, just as the necessity of payments to the State constrains all private citizens. (Etc.)
the consulship of Mamertinus and Nevitta.-March 28, 362.

Provincials of Byzacium.
We decree that from emphyteuticary possessors the pay-
ments of taxes in kind shall be so arranged for four-month

periods that at the end of the year the payments shall equal
the amount due. But gold can be delivered, not merely from
the tenth day before the kalends of December till the day
before the kalends of January' but throughout the entire
year as each man is able to pay.
Given on the ides7 of September at Aquileia in the year of the
consulship of the sainted Jovian and of Varronianus.-September
12 (13), 364.
5 fasces civilium partium, fasces in municipal office?

6 The ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus, I, I6, 23.
1Belonging to the Emperor's patrimony.
CJ iI, 65.
8 Master of the Privy Purse for Africa.
4 Of the rental.
5 CJ II, 65, 3.
2
November 22-December 31.

7 On the day before the ides, 5, 15, 16.
6
Given on the ninth day before the kalends of June at Milan in

consulship of Eutychianus.-May 24, 398.
Emperor Julian 3 Augustus to Aginatius, Governor 4 of

Byzacium.
It appears to Us quite absurd and far removed from the
tranquillity of Our times that if a person has endured the
lot of proscription,5 he should be treated in the same way
as those persons who hold farms granted to them by the
sacred imperial generosity, and that he should thus be
rendered liable to the payment of gold and silver dues
which was assessed by Constantius of sainted memory,"
since there is much difference between those persons who
enjoy the imperial munificence and those who obtain the
right to recover their own property.
1.2
Given on the day before the ides of November at Mampsysta7 in

the year of the fourth consulship of Julian Augustus and the consulship of Sallustius.-November 12, 363.
2.8
Emperors Valentinian
and Valens Augustuses to

We command that those persons who have obtained the
right to recover their paternal property or their own property from the fisc shall be kept safe and protected from the
tax payment of gold and silver that has been assessed even
upon those persons who have obtained any grant from the
sacred imperial generosity.'
Given on the sixth day before the kalends of May in the year
of the consulship of the sainted Jovian and of Varronianus.-April
26, 364.
8 Or:
Count of the Privy Purse, lo, 2, 2.

9 emphyteusis.
10 The expenses of the Raetic military expedition, in defense of
the frontier.
115, 15, 15; 7, 7, 2; I, II, 2; II,
16, I, n. 4.
1 1o,
i, n. 2; CJ 10, 28; Burg. Rom. I, 3. Cf. 10, I, I, n. 2.
2 II,
20, 2.
3 Actually a constitution of Jovian but ascribed to Julian by the

compilers of the Theodosian Code, as was their custom; cf. 1, 22,
3, n. 15.
4 Consularis.
5 Add: and has obtained restitution of his property, M.

6 In a lost constitution.
7 Mopsuestia.
8
I,
20, I.
E 311
11*20-3
3. Emperors Arcadius and Honorius Augustuses to Hadrianus, Praetorian Prefect.

Up to a certain amount the slight income of buildings9
shall not assume any burden of the superindiction with ref erence to their possession.o However, throughout all the
cities, municipalities, villages, and fortresses the income
for one year shall be paid as tax" from all storehouses,
baths, workshops, taverns, dwelling houses,'12 dining rooms,
and saltworks, if such property in the aforesaid places is
held" under a lease that requires rental payments. No person shall be exempted, but the saltworks shall be excepted
which are administered by the supervisors," and which
serve the baths of the Roman people.1 5 The owners of such
places, with due devotion, shall deliver the income for one
year as the tax payment, that is, for the third year of the
indiction,' with the exception, of course, of the Eternal
City, which is exempted from such a compulsory public
service by the reverence due to her own majesty. Of course,
the reasonable method shall be observed that if any owner"
should be absent,' 8 the amount which has been prescribed
shall be paid either by his procurators or by those persons
who hold such places under lease, and such payments shall
be accredited to the account of the owners.' 7 The condition
shall be observed that they shall know that with all haste
they must pay as much as they have been accustomed to
collect.' 9
Given on the third day before the nones of October at Ravenna
in the year of the consulship of Stilicho and Aurelianus.20-October
5, 400; 405.

Trygetius, Count of the Privy Purse.
We command that the bounty both of Our Clemency and
of previous Emperors shall have perpetual validity from
the time when it is conferred upon any person because he
has deserved well of the State, so that if any person should
obtain anything and lawfully transmit it to his successors,
it shall not be recalled to an heir or to the birthright of the
children or to the control of the grandchildren ;22 nor shall
any person fear the annoyance of an expensive suit for
those possessions which have been previously conferred
upon individuals by the imperial bounty.
i. Of course, if contrary to Our desires so great a necessity should ever arise that public expenses should require
something for the assistance of Our treasury, We command that the treasury shall be assisted by a tax payment
of the income for two years, 23 which does not burden the
4.21
9 aedificia. If the income is slight, as contrasted with that of

buildings that are mentioned below from which the income is
larger.
1o possessiones, possessions, landholdings.
11 pensio conferatur, the tax payment shall be made?
12 domus.
is Or: and all property ... which is held.
14 mancipes, State supervisors, not private overseers.
15 The income from the saltworks was used to help support the
baths, 14, 5, 1.
16 unius anni, hoc est, tertiae indictionis, an unusual phrase, which

seems to mean that such taxpayers paid the income for one year
out of three, a special levy or superindiction.
17 dominus, owner, master, proprietor.
18 deesse, be absent, be delinquent.
21 Burg. Rom. I, 3.
202, 8, 24.
19 As rental.
22 Apparently to an heir or to the children or to the grandchildren of a former owner from whom the property was confiscated.
23 As a maximum for those who had possessed such landholdings
for ten years or more.
landholder,24 and for this purpose We shall take into consideration the reckoning both of the periods of time and of
the possession, concerning the permanence of which there
can be no doubt. Therefore, if ever in the case of property
that has been bestowed as a gift, the necessity of making
a tax contribution should perchance come upon the possessor of five years' standing or less, We command that
such possessor shall be exempt from such tax payment. If
a possessor is found of more than five years but less than
ten years standing, he shall pay as tax a half portion of
the income for two years. If any person is found to possess
for more than ten years landed estates given to him as a
gift, he shall assist Us with the entire income for two years
as a tax payment, if any necessity should arise. 2. But if
contrary to this regulation the judge who has cognizance
of the matter or the enforcement officer who makes the
demand should determine that a landholder must be sued
within these time limits, they shall know that they will be
constrained to the payment of a fine of sixty pounds of
gold. The palatine office shall not use the excuse that it
may assert that there are only a few persons to whose duties
and bureau this responsibility pertains, but all persons of
all the bureaus of the entire imperial service, insofar as
they serve under the title of Our private treasury, shall
know that they will be held subject to the prescribed penalty, and the primates of the office staff, in addition to the
fine, shall also be punished by the forfeiture of their cincture of office, if in such a petition they should give their
consent or furnish the preparation of documents to any
person who pretends that he is making a wise provision.
3. For We command that the document itself, the cause of
extortion and fraud, together with all the types of writing
connected with such a matter shall be burned with flames
in the assembly of the provincials, in order that hereafter
no traces of fear shall remain, and by the same punishment
shall perish for the sake of the public peace any person
who hereafter may arise, who should assert that he is adducing such a document in court, either in his own or in
another province.
Posted in the Forum of Trajan on the fourteenth day before the
kalends of June in the year of the consulship of Asclepiodotus and
5. Emperor Theodosius Augustus to Asclepiodotus, Praetorian Prefect.

If any person after the death of the sainted grandfather
of My Clemency 25 has impetrated any farm under any
form of legal right from the bounty either of My father 2 6
of sainted memory or of My paternal uncle2 7 or even of
My Own Serenity, he shall pay the income as a tax,28 according to the following regulation: If any person has
possessed such a farm for three years from the present
day, he shall be exempted for one year, and for the remaining two years he shall pay the income for one half
year as a tax. 28 If a person has possessed such a farm
from three to five years, he shall pay the income for one
year;" from five to ten years, he shall pay the income for
two years;3o for ten years or more, he shall pay the in24 The holder of the land granted by imperial bounty.
25 Theodosius I, who died
in 395.
26 Arcadius.
27 Honorius.
28 reditus conferre.
29 One third or one fifth of the regular tax.
30 Two fifths or one fifth of the regular tax.
[ 312 ]

come for three years.8 ' In this regulation shall also be included those persons who by title of gift obtained landholdings under any legal right whatever, with exemption
of the regular taxes, as well as those persons who, when
they were owners17 of landholdings, impetrated the removal of either a part or the whole of the regular tax. This
regulation shall be enforced in such a way, however, that
if any man has received a farm with the regular tax removed, he shall pay as tax all the income 2 8 that he himself
has received, according to the aforesaid regulation of time.
But if any person has been established as the owner1 7 of a
landholding and has obtained only the relief12 of the regular tax, he shall pay the regular tax only according to the
general rule given, that is, either for a half year, one year,
two years, or three years. In the same manner those persons also shall be held liable who have obtained relief32 of
their land tax as a result of a simple grant of imperial
favor.
Indeed, if any person is said to have obtained a special
tax inspector, on the ground that his landholdings are
worn out and abandoned, he may accept the choice proposed by the office of Your Excellency, and, as We have
said, he shall either pay that which he now obtains as gain,
according to the reckoning of the time, or if he should be
dissatisfied with that arrangement, he shall allow other
inspectors to be sent again.
i. But if any person has later sold anything to others
from the landholdings formerly given to him by imperial
generosity or has himself given away such landholdings,
he shall know that in accordance with the present statute
he is obligated for those landholdings which are proved to
have been sold, since he appears to have received the price.
But if any such landholding is not sold to any person but
legally given or acquired by the right of succession, that
person, of course, shall more justly be held liable for
making the tax payments due in accordance with the previously defined time periods, who at present is proved to
receive the income" of such an estate that was given to

him. But if any person in the name of another should obtain fields that are given to him from the imperial munificence, and if he is proved to have obtained a special grant
of imperial favor of tax relief 32 or of tax equalization in
a similar manner, he shall be personally constrained to a
payment of this sort, since he can be proved to be not the
petitioner but the owner and possessor of such property.
At any rate, if this fact by some chance cannot be proved,
from the landholding itself which has been given or to
which has been granted a tax equalization or tax relief,8 2
the fruits derived from the aforesaid special grant of imperial favor shall be paid as a tax. 2. All men shall know
that if any person should delay the aforesaid delivery of
the payment for four months from the time that he has
been notified, he shall forfeit the landholdings which he
appears to have obtained as a gift. But if any persons
should pay any certain sum of the taxes or of the compulsory public services assessed upon him for temporary
possession, he shall thereafter fully enjoy the complete
gift of the special grant of imperial favor which he had
obtained at any time.
s1 Three tenths or less of the regular tax.
32 relevatio, lightening, relief, removal.
83 Supplying reditus.
11-20-6
Given on the third day before the ides of May at Constantinople

in the year of the consulship of the Most Noble Victor.-May 13,
424.
6." Emperors Theodosius and Valentinian Augustuses to

Antiochus, Praetorian Prefect.
In the case of those taxable units of land or heads," or
by whatever other name they are called, whether subject
to the control of the privy purse,36 of Our patrimony, of
a municipality, or of a temple, if from the beginning of
the reign of My father, Arcadius of sainted memory, 7 in
accordance with the petitions of various persons or from
voluntary gifts and annotations of the Emperor, up to the
present day they have obtained tax relief32 in any way or
a money commutation of lighter payments or if they have
been transferred from the control of Our patrimony to
the privy purse" or to the duty of making tax payments
in gold, bronze, or iron, a fifth part of the income" which
comes to the owners 1 of these fields as a result of this
special grant of imperial favor shall be exacted from the
aforesaid time and shall be shared equally between the resources of the chest"9 and the sacred imperial largesses,
in accordance with the estimate that is computed for the
separate years. But an exception shall be made of those
grants which were conceded in any way whatever to different persons, with respect to the capitation taxes on persons and animals, as follows: of all the property, up to
four hundred taxable units of land or heads, that has been
relieved, during the aforesaid period of time and also under
Our grandfather of renowned memory,25 of its full tax
burden that had been assessed either upon land or upon
living things, the half part shall be added to the public tax
lists, so that if indeed a relief 32 of the full tax burden has
been granted up to four hundred taxable units of land or
heads, only a half part of the taxes shall be rendered to the
fisc. But if relief was granted to a larger amount, such relief shall remain undisturbed in the possession of those
persons who obtained this special grant of imperial favor
up to two hundred taxable units of land or heads, and all
the rest shall be restored to the public tax payments. For
it is Our will that if the number of taxable units is less
than two hundred, each person shall be relieved according
to the half part reckoned, or if the number is beyond this
amount, the relief granted shall not be misused to the public disadvantage, whether such a special grant of imperial
favor has been impetrated in one or in several provinces,
either in one's own name or in the name of an intermediary. Unless any person should affirm that he has justly
obtained relief also of a larger tax assessment on account
of exhausted and abandoned fields, and unless he should
be able to prove his case when the tax inspector or tax
equalizer is sent, he shall then pay the public taxes, not
according to Our special grant of imperial favor which
We graciously confer for the half part up to two hundred
taxable units of land or persons, but in accordance with the
verified results and the trustworthiness of the future inspection.
3
4 Nov. Th. 26, I, 1.

juga vel capita. The land tax, jugatio, and the capitation tax,
capitatio, for agricultural workers, had become synonymous.

36 jus privatum, private control, control of the privy purse.
3
395.
commodum, advantage, emoluments, income.

3 Of the praetorian prefect, primarily for military expenditures.
38
E 313 1
11-20-6
i. Also in the case of landholdings whose tax payments

have been commutedo into money or transferred in any
way, from the auspicious beginning of the fourteenth year
of the next indiction4' this transfer or commutation shall
be preserved, and in accordance with the diversity of the
region, the amount of tax payment shall be imposed which
will preserve a certain part of the special grant of imperial favor for those persons who have obtained it, and
the Most August prefecture4 2 shall regulate the amount of
the commutation that is made in accordance with the character of all the factors that must be considered in such
matters. 2. When Your Sublimity42 regulates such matters in the way that seems best to you, those estates only
shall be exempt from this tax assessment and shall remain
in the present measure of tax payments, which have been
remitted for the municipalities or municipal councils or
office staffs in common or have been granted at any time
rather to organized groups of persons. . . .4 But if there
is any suspicion with reference to their tax relief,32 they

shall be subjected to a thoroughly trustworthy inspection
in accordance with the regulation of your Most August
office.42
3. But the collections of a fifth part of the tax payments
shall now be made from the beginning of the reign of My
father of sainted memory,37 as We have said, and they
shall be exacted from the purchasers or their heirs, if they
are solvent, or from those in possession, in accordance
with the time that each person has been in possession.
. . ." has died, but the statutory actions shall be reserved
against the authors of the right to the later or new proprietors to whom the landed estates relieved of taxes have
come, and by no means shall any person under the protection of any privilege be exempt from this regulation.
4. The grants bestowed by divine imperial indulgence
shall remain secure for the future and, without the annoyance of any tax assessment, in the possession of those
persons who have obtained them, so that it shall not again
be permitted to reconsider these reasons or to adduce them
in court, after those formalities have been completed
which in the present have been established with reference
to single cases or persons, in accordance with the necessity
of the situation.
in the year of the thirteenth consulship of Our Lord Theodosius
Augustus and the third consulship of Our Lord Valentinian Augustus.-December(?) 31, 430.
TITLE 21: TAX PAYMENTS OF BRONZE' (DE

COLLATIONE AERIS)
i. Emperors Valentinian and Valens 2 Augustuses to Mo-
destus, Praetorian Prefect.

Not only shall the bronze called twice smelted henceforth be8 delivered to the imperial largesses, but it shall be
completely withdrawn from use and circulation, and no
40 Or: in the case of tax payments that have been commuted into
money.
41
September I, 430.
42
The praetorian prefect.
4 Supply: granted in any manner to organized groups of persons

rather than to separate persons, M.
44 Supply: the time that the person who sold it or died has been
in possession, M.
1 CJ 10, 29.
8 Some editors
2 Add: Gratian.
insert non, not.
person shall be allowed to have it publicly. Capital punishment shall overtake the melters of coined bronze as well
as the counterfeiters of money.
Given on the seventh day before the ides of April at Constantinople in the year of the second consulship of Gratian Augustus
and the consulship of Probus.-April 7, 371.

Hilarius."
It is Our will that the prices demanded of the provincials
for bronze shall be so exacted that for twenty-five pounds
of bronze one solidus shall be rendered by the landholder.
2.4
Given on the fifth day before the kalends of January at Milan

third consulship of Honorius Augustus.-December 28, 396.
3. Emperor Theodosius Augustus to Maximinus, Count

By a perpetual and general decree We sanction that unless public necessity so requires, no person henceforth
shall be allowed to pay his tribute either in coin or in supplies,6 even though this should be in accordance with a
regulation of the office of the count7 or by the authority of
a sacred imperial oracle" or through the sacred annotations
of Our Divinity, but rather such a landholder shall deliver
the supplies themselves if necessity should so require, or
he shall pay gold at the fixed rate established for a hundred pounds of bronze.
Given on the fifth day before the ides of December at Constantinople in the year of the consulship of the Most Noble Victor.
-December 9, 424.
TITLE 22: TRANSFER OF TAX PAYMENTS

SHALL NOT BE REQUESTED (NE COLLATIONIS TRANSLATIO POSTULETUR)
i. Emperors Constantius and Constans Augustuses to
Very many persons arrange to transfer tax dues of the
tax units of their farms' to other municipalities.2 Therefore We decree that tax dues of each municipality in all
the provinces shall return to their own municipalities.
Given on the fifth day before the kalends of August in the year
of the fourth consulship of Constantiuss Augustus and the third
consulship of Constans Augustus.-July 28, 346; 353.
Emperors Gratian, Valentinian, and Theodosius Augustuses to Neoterius, Praetorian Prefect.

In the performance of compulsory public services,4 each
municipality shall have as participants those persons whom
it has as colleagues in their tax declarations. Each tax unit
of land shall remain where it was originally assessed; the
enrollment of a tax unit of land shall return to its territory
if it has been transferred elsewhere in fraud of the requirement of compulsory public services.4 The municipal
senates shall learn, the remaining landholders shall learn,
2.
4 CJ 10, 29, I.
6 At his own discretion.
Of the sacred imperial largesses. Of your office as count, M.

An imperial rescript which was a divine response, Min. Sen.,
n. 61.
7
1 Delete: of their farms, M.

2 Than the ones in which the farms are situated, I I, 7, n. 9.
4
Such as tax payments, ii, i, n. 57. Cf. II, 7, n. 9.
[ 314 1
Chief Tax Collectorship for Recruit Taxes

that any grant wrongfully impetrated shall be changed and
that every person who is known to participate with them in
landholding shall also share with them the performance of
all compulsory public services.4
Posted on the fourth day before the nones of May in the year of
Bauto.-May 4, 385.
3. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Eusignius, Praetorian Prefect.

If any person on petition should obtain that right
through the judgment of Your Magnitude, he shall transfer from one locality to another city his tax declaration
for the performance of compulsory public services, but
only in the case of annonarian supplies. If any person
should not be able to satisfy the very numerous group of
tax collectors in different cities, he shall have the right to
transmit to one tax collector, where the bulk of his possessions are located, the remaining amount of land tax payments, if this is done without any loss to the State.
Given on the eighteenth day before the kalends of May in the
year of the third consulship of Valentinian Augustus and the consulship of EutroPius.-April14, 387.

We have learned that some landholders have disregarded the custom of the ordinary tax collections and have
progressed so far in lawlessness that some of them by the
authority of impetrated rescripts elude the insistence of
tax collectors, under the pretext that of their own free will
they would more readily deliver the payments sought.
Since this usurpation has been detected, We promulgate
the regulation that this new method of impetration shall be
annulled, which is commonly called automatic tax collection, 5 and the entire custom of demanding payment, as it
formerly existed, shall be revived. The desired objectives
of this compulsory public service4 shall be managed by the
decurions and the provincial apparitors, with the exception of those persons whom the consideration of your
most eminent office has registered.6
consulship of Theodosius Augustus.-May I,
409.
5. The same Augustuses to Herculius, Praetorian Prefect

of Illyricum.
By this general ordinance of law We sanction anew
that regulation 7 which We recall as formerly established,
namely, that no person shall be permitted to transfer the
tax payments of his landholdings from one district to another, but by all means he shall assume the delivery of his
payments of tribute in that place which is held obligated
by the evidence of the tax lists and is constrained by the
necessity of the public assessment. But if the present or
former statutes should be further violated by the office
staff of the prefect," they shall be stricken with a fine of
one hundred pounds of gold, and each person who does
not refrain from the violation of Our prohibitions shall
sustain a penalty of twenty pounds of gold.
5 autopractorium, self-collection.
6
7
digerere, arrange, organize, register.

II, 22, 1-3.
11*23*4
Given on the eighth9 day before the kalends of July at Constantinople in the year of the consulship of the Most Noble Varanes.
-May 25 (June 24) 410.
TITLE 23: THE CHIEF TAX COLLECTORSHIP

FOR RECRUIT TAXES (DE PROTOSTASIA)
The compulsory public service of the chief tax collectorship for recruit taxes' shall be sustained by Senators,
and the necessity shall be imposed upon them to the extent
that with them shall be associated only the tax liabilities
of other Senators for the purpose of fulfilling this compulsory public service. The land tax units or the capitation
tax units of no other person shall be joined to the tax
liabilities of Senators, since the Senators must so sustain
the compulsory public service of the chief collectorship for
recruit taxes' only to that amount which they themselves
sustain by their tax allotment, that they must fulfill this
necessary service by joining only the tax liabilities of other
Senators to their own.
Given on the fifth day before the nones of May in the year of
the consulship of Taurus and Florentius.-May 3, 36J.2
Emperor Julian Augustus to Sallustius, Praetorian Prefect.

There is no doubt that the office of recruit tax collection3 and collections of plebeian capitation taxes are the
compulsory duties of decurions and are services of a lower
grade. Therefore such compulsory services must be removed from the Senatorial houses. (Etc.)
2.
Given on the third day before the ides of March at Constantinople in the year of the consulship of Mamertinus and Nevitta.
-March 13, 362.

Governor 4 of Pacatian5 Phrygia.
All grants which are recognized as impetrated by secret
devices and surreptitiously shall be annulled, and the special privileges of high rank shall be preserved, but Your
Gravity shall make all men subject to the compulsory duty
of the chief collectorship for recruit taxes, 6 so that the
public services may be more expeditiously performed and
through such a distribution of duties the merits of private
citizens may be most wisely preserved.
Given on the day before the kalends of July at Constantinople
third consulship of Honorius Augustus.-June 30, 396.
4. Emperors Arcadius and Honorius Augustuses to Euthymius, Vicar of Asia.

All ex-commissary officers 7 shall be forced to be subject
to the compulsory service of the chief tax collectorship for
recruit taxes,8 and they shall not surreptitiously withdraw
from such service.
Given on the twelfth day before the kalends of January in the
consulship of Honorius Augustus.-December 21, 396.
9 The ninth, 12, I, 172.
1 munus protostasiae,chief collectorship for recruit taxes, chief of

a recruit tax unit.
2 1, 6, i, n. 5.
8prototypia: Protostasia.
4 Praeses.
s Palestinae,ms. V.
6 protostasiaefunctiO.
7 ex-primipilaribus, ex-quartermasters, honorary quartermasters.
8 protostasiae necessitates.
C 315
Patronage of Villages
11*24-1
TITLE 24: THE PATRONAGE OF VILLAGES'
(DE PATROCINIIS VICORUM)

Helpidius. 2
You have reported that a multitude of coloni located
throughout Egypt have betaken themselves to the protection of those persons who are supported by their high rank
of various degrees and even to dukes. Therefore, if it
should become clear that any person has assumed unto
himself such great lawlessness that he should harbor such
persons and by the promise of protection he should block
the possibility of their fulfillment of their loyal services,3
We command that such person shall be compelled to pay
any tax dues that shall be proved to have been delivered
to the account of the fisc from their own resources by the
other villagers from whose community such coloni have
withdrawn.' You shall also provide that if any person appears to have received such coloni under his protection,
they shall be deprived of such protection.
Given on the day before the nones of February at Constantinople
in the year of the tenth consulship of Constantius Augustus and the
third consulship of Julian Caesar.-February4, 360.5
Emperors Valentinian, Valens, and Gratian Augustuses

to Auxonius, Praetorian Prefect.
Farmers shall abstain from resort to protection, and
they shall be subjected to punishment" if by audacious
falsehoods they should seek such assistance for themselves.
Moreover, if any person should bestow his own protection,
for each field that he is found to have thus received, he
must pay five and twenty pounds of gold, and the fisc
shall not take as much as such patrons are accustomed to
receive but only the half of that amount.
2.
Given on the day before the ides of November at Marcianopolis

in the year of the consulship of Valentinian Augustus and the third
consulship of Valens Augustus.-November 12, 370; 368.7
3. Emperors Arcadius and Honorius Augustuses to Heraclianus, Count of Egypt.

If any person from your office or from any order8 of
men should be discovered to have received villages into
his protection, he shall suffer the established penalties.
Moreover, landholders shall be duly coerced to obey the
imperial statutes, even against their will, and they shall be
forced to satisfy the compulsory public services.4 But if
it should appear that any villages, depending on the power
of their protectors or on their own numbers, have resisted
the performance of their compulsory public services,4 they
1 CJ II, 54. Protection, or patronage as it was technically called,
was the assistance granted by powerful men to those who placed
themselves under their protection. By such patronage, many State
services, especially compulsory services such as taxes, were interrupted, N Th 15, 2.
Praetorian Prefect.
devotio, services to the State, 'primarily prompt tax payments.
4 If one member of a tax group withdrew, the other members of
the group were compelled to pay his taxes, II, 7, n. 9.
56 1, 7, 1, M.'s note.
supplicium, often means capital punishment.
7 Valens was at Marcianopolis toward the end of 368 but not
in 370. Hence the name of Gratian should be deleted. Besides, 7, 13,
6 was issued September 18, 370 to Modestus in Marcianopolis, while
I, 29, 5 was issued August lo, 370, at the same place to Auxonius,
the predecessor of Modestus.
8 ordo, usually implies high rank.
2
must be subjected to the retribution that is dictated by

reason itself.
Given on the day before the kalends of October in the year of the
consulship of Olybrius and Probinus.-September 30, 395.

We decree that if any person should attempt to furnish
protection to any rustics, of whatsoever high rank he may
be, whether that of master of both branches of the military service or that of count or ex-proconsul 9 or ex-vicar
or ex-augustal prefect or ex-tribuneo or a member of the
order" of decurions or that of any other high rank whatever, he shall know that he must undergo a penalty of
forty pounds of gold for the protection furnished to each
farm, unless he should later withdraw from such rash lawlessness.11 All men, therefore, shall know that not only
shall the aforesaid penalty be inflicted upon those persons
who undertake the protection1 2 of rustics, but also if any
persons for the purpose of cheating the tax obligations,
with their customary fraud, should flee for refuge to such
protection, they shall undergo the payment of double the
established penalty.
Given on the sixth day before the ides of March at Constantinople in the year of the consulship of the Most Noble Theodorus.March 10, 399.

Your Excellency shall know that to those laws's which
have been promulgated in the name of other Emperors for
the purpose of prohibiting protection We have added a
severer penalty, namely, that if any person should be found
to furnish protection to farmers or villagers who possess
their own holdings, he shall be stripped of his own property, and upon such farmers also shall be inflicted the loss
of their own lands, if they should flee for refuge to protection that they have sought out.
Given on the eighth day before the kalends of June at Constantinople in the year of the consulship of the Most Noble Theodorus.May 25, 399.

The examination of Valerius, Theodorus, and Tharsacius 5 shall cease, and in the court of the augustal prefect
only those persons shall be prosecuted who from the time
of the consulship of Caesarius and Atticusl6 have begun to
possess landholdings under the title of protection. However, We decree that all such persons shall be subject to
the fulfillment of the compulsory public services,4 so that
the name of patron shall be judged to be completely abolished. Moreover, the landholdings that are still established
in their own status shall remain under the control of the
former landholders, if in accordance with the antiquity of
the tax lists they will undoubtedly assume their proportionate share of the compulsory public services and the
payment of State slaves1 7 which the coloni who are admittedly liable to taxation'" are known to provide.
9 ex-proconsule, ex-proconsul, honorary proconsul.
10 Or: or proconsul or vicar or augustal prefect or tribune.
11 should withdraw from such preposterous lawlessness, M.
12 clientela.
13 1I, 24, 1-2.
14 J II, 59, 14.
15 Unidentified. There is much obscurity in this constitution.
17 liturgi.
16 397, nineteen years before.
18 homologi, admittedly liable to taxation.
E 316 1
Tax Investigators
i. But the mother villages"9 shall continue under the
public law which shall remain unchanged, nor shall any
person attempt to obtain possession of such villages or of
any property in them, unless he has undoubtedly begun
such possession before the aforesaid consulship," but fellow villagers shall be excepted, to 20 whom they cannot deny
the payments that must be made in accordance with the
condition of their fortune. 2. If any person, contrary to
custom, should obtain possession of small fertile landholdings in the villages themselves, according to the proportion
of his holding he may not 2 1 refuse the unproductive land
and its tax and compulsory public services.
3. Of course, if any persons called in the native manner,
homologi,'8 should desert the villages to which they are
assigned 2 2 and should pass either to other villages or to
other masters, their detainers shall be obligated, and the
homologi shall be compelled to return to the abode of the
desolated country district. If their detainers should delay
the execution of this regulation, they shall be held liable to
the fulfillment of the compulsory public services of such
homologi, 18 and they shall restore to the masters whatever
the masters prove that they have paid for such homologi.
4. Other flourishing villages shall be substituted in place
of those mother villages19 which have either been made
destitute or emptied of their resources by the lapse of time.
5. If the decurions in any manner should publish their
intentions by registry in the provincial records and should
thus either desert plowed lands2 3 and landholdings or
should permit other persons to possess them, such lands
shall remain firmly in the possession of those persons who
cultivate them and who assume the compulsory public
services, and the decurions shall have no power to recover them.
6. Moreover, if the venerable churches, that is, those of
Constantinople and of Alexandria, should be detected to
have obtained possession of anything up to the time of the
regulation made by the Illustrious predecessor 24 of Your
Sublimity, We command, out of respect for religion, that
such property shall be securely retained by them, but under
the condition, of course, that they shall know that in the
future they must undoubtedly assume all the compulsory
public services which are due from the mother villages,19
as well as those services which are due from the public
villages 25 on account of the tax declaration of the original
capitation tax.
7. The capitation tax collectors, the municipal peace
officers, the registrars of the river levees, and any other
public slaves26 under any name of protection, shall not be
withheld from the performance of the compulsory public
services, even if by negligence or contempt they have delayed the performance of anything that must be exacted.
8. If any person by a special grant of Our imperial favor
should obtain the right to possess mother villages,19 he
shall also be compelled to add the public villages15 to them.
Given on the third day before the nones of December in the year
of the tenth consulship of Honorius Augustus and the sixth consulship of Theodosius Augustus.-December 3, 415.
19 metrocomiae: administrative centers.
20 by, M.
21 Supplying ne.
22 ascripti, assigned, ascribed, enrolled on the tax lists, assessed
upon.
23 arurae.
24 Anthemius, Praetorian Prefect in 414.
(?)
25 publici vici. The translation is conjectural.
26 cephaleotae, irenarchae, logographi chomatum, liturgi.
TITLE
LISTS'
BUS)
11-26-2
25:
(DE
THE QUADRIMESTRAL TAX

BREVIQUADRIMENSTRUIS
i. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.

Whenever the quadrimestral tax lists are dispatched by
the ducal apparitors to the office of Your Excellency, an
exact copy shall also be delivered to the provincial office, 2
so that before the record books are sent to your court for
examination, they may be compared in the provincial office 2
in the presence of both parties. Thus if any person has
wrongfully recorded anything as demanded 3 or expended,
he may be confuted, in order that, when there is a discrepancy in the accounts of the record books, the expense may
not be assigned to the loss of those persons who have become obligated by their services as tax receivers or as
nominators of such receivers, and in order that such persons may not be compelled to pay that which is demanded
in the name of the soldiers, and may not complain that
what they have paid is not credited to them.
Given on the twelfth day before the kalends of June at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-May 21, 393.
TITLE 26: TAX INVESTIGATORS'

CUSSORIBUS)
(DE DIS-
J.2 Emperors Valentinian, Valens, and Gratian Augustuses

to Artemius, Vicar of Spain.
Whenever it is proved in any trial in court that a tax
investigation has been unjustly made and the tax investigator cannot prove the trustworthiness of what he has
done, he himself shall immediately be compelled to make
payment under the same title of the same amount as that
for which he wrongfully made another person a debtor.
Given on the day before the ides of May in the year of the consulship of Emperor Designate Valentinian and of Victor.-May z4,
369.
Emperors Arcadius and Honorius Augustuses to Messala, Praetorian Prefect.

It has been established that the provincials are being
especially plundered in the following manner, namely, that
when tax receipts have been accepted and registered in the
official records, 4 they are again demanded by the tax investigators or by the apparitors, not because this demand
is required by the public interest but in order that if perchance a receipt should be lost, a greater amount of booty
may be obtained. Therefore We decree that whenever such
receipts have been registered and are contained in the public account books,, they shall not again be wrongfully demanded.
2.'
Given on the fifth day before the kalends of December in the year
of the consulship of Stilicho and Aurelianus.-November 27, 400.6
1 CJ I, 42. The tax rolls for each four months, since taxpayers
were allowed to pay in three installments per annum, I, 10, 7, n. 19.
The office of the governor.
3 petita, sought, demanded, collected.
2
1 Brev. II, 7; CJ 10, 30. Tax investigators, tax equalizers, and tax
collectors were notoriously corrupt and rapacious, ii, i, n. i.
2
CJ
10, 30,
3 Brev. II, 7, I; CJ 10, 30, 2; Nov. Val. I, 3.

4
polyptycha.
5ratiocinia publica.
6 1, 5, 13, nn. 36, 39.
E 317 1
Tax Investigators
11*26*2
This law charges7 that tax collectors

obtain their greatest amount of booty from the provincials,
in that after tax receipts are issued, they begin to demand
again the account books" and the receipts, and this is not
done by them for the public interest, but in order that if
the receipts cannot be found, they may obtain a greater
amount of booty. Therefore the law decrees that if tax receipts are contained in the public account books or in the
record books of the tax collectors, they may not again be
demanded through the wickedness of cupidity.
INTERPRETATION:
TITLE 27: SUSTENANCE WHICH INDIGENT

PARENTS SHOULD SEEK FROM THE STATE
(DE ALIMENTIS QUAE INOPES PARENTES
DE PUBLICO PETERE DEBENT)
I. Emperor Constantine Augustus to Ablavius.
A law shall be written on bronze and on waxed tablets

and on linen cloth and posted throughout all the municipalities of Italy, whereby the hands of parents may be restrained from parricide and their hopes turned to the
better. Your office shall be constrained to administer this
regulation, namely, that if any parent should report that
he has2 offspring which on account of poverty he is not
able to rear, there shall be no delay in issuing food and
clothing, since the rearing of a newborn infant will not
allow any delay. For the performance of this task We
command that Our fisc and Our privy purse shall furnish
their services without distinction.
Given on the third day before the ides of May at Nish in the year
of the fourth consulship of Constantine and Licinius Augustuses. 3May 13, 315; 329.
The same Augustus to Menander.'

We have learned that provincials suffering from lack of
sustenance and the necessities of life are selling or pledging their own children. Therefore, if any such person
should be found who is sustained by no substance of
family fortune and who is supporting his children with
suffering and difficulty, he shall be assisted through Our
fisc before he becomes a prey to calamity. The proconsuls
and governors' and the fiscal representatives throughout
all Africa shall thus have the power, they' shall bestow
freely the necessary support on all persons whom they observe to be placed in dire need, and from the State storehouses they shall immediately assign adequate sustenance.
For it is at variance with Our character that We should
allow any person to be destroyed by hunger or to break
forth to the commission of a shameful deed.'
2.
Given on the day before the nones of July at Rome in the year of
the consulship of Probianus and Julianus.-July 6, 322.
TITLE 28: THE REMISSION OF TAXES' (DE

INDULGENTIIS DEBITORUM)
I. Emperor Julian Augustus to Avitianus, Vicar of Africa.
With the exception of the tax payments in gold and
silver,2 We graciously remit all delinquent taxes.
7
jubere, to command, order, charge.
8 polyptici.
1Vicar? Economic conditions were extremely bitter, and starvation among the lower classes was not uncommon.
2 adferre, allege, report, bring to court.
3 Constantinus A. and Licinius AA, ms. V.
1
Given on the seventh day before the kalends of November at Antioch.-October 26 (363). Received on the fifteenth day before the
kalends of April at Carthage in the year of the fourth consulship of
Julian Augustus and the consulship of Sallustius.-March 18, 363.
2. Emperors Arcadius and Honorius Augustuses to Dexter, Praetorian Prefect.

For the provincials of Campania We remit the taxes of
five hundred twenty eight thousand and forty two jugeras
which appear to be located in deserted and unkempt districts of the said province, according to the report to Us
of the inspectors and the records of the ancient documents,
and We command that the documents of the superfluous
tax assessment shall be burned.
Given on the ninth day before the kalends of April at Milan in the
year of the consulship of Olybrius and Probinus.-March24, 395.
3. The same Augustuses to Andromachus, Prefect of the

City.
We remit all delinquent taxes under all titles, whether
any of them pertain to the Illustrious praetorian prefects
or to Our largesses, up to the time of the first consulship
of Our Clemency,4 that is, up to the fifteenth year of the
last indiction." In order that the very memory of delinquent
taxes may perish from the earth, We command that all the
documents from every source shall be collected into the
midst of the assembled people and publicly destroyed with
flames, whether such documents are in the possession of
the registrars of the municipalities, in the office of the
judges,' in the palatine office, or in the possession of the
tax investigators, insofar as such documents contain the
names of the taxpayers and accounts of taxes due for such
period. But after the time of the consulship of Our Clemency,4 that is, after the first year of the indiction, up to the
time of the consulship of Olybrius and Probinus, 7 We decree that the exaction of all delinquent taxes shall be suspended until the judges ordinary6 shall be admonished and
shall transmit the tax lists which contain the names of the
taxpayers and which have been written without any fraud.
By means of these lists it shall be plainly clear what tax
payments are in the hands of the collectors of small taxes,"
what payments are in the possession of the decurions, and
what payments are due from bankrupt houses; for especial provision must be made for those persons who are in
need of lawful aid. Therefore, the office staffs shall know
that all the loss shall recoil upon them if they should conceal
financially competent men and should substitute straw men
and bankrupts in their place.
To be sure, from the time of the consulship of Olybrius
and Probinus,7 that is, from the ninth year of the indiction
to the present day, the payment of all taxes due must be
accelerated. It is also Our will that those persons shall be
secure who are held bound by personal debts to the sacred
5 praesides.
6
Delete: shall thus have the power, they, M.
1 From time to time the burden of tax payments became intolerable, and thus they were remitted when they became uncollectible,
N Val 1, 1-3; N Maj 2, I; N Marc 2, I.
2 Made primarily by tradesmen and certain members of the upper
classes. Thus this tax remission applied primarily to the farmers.
3 jugerum, about two thirds of an English acre.
4 386.
5 September i, 386-September I, 387.
6
7
Governors of provinces, judges ordinary.

395. See M.'s note.
8 minuscularii.
318 1
11*28-10
Remission of Taxes
imperial treasury, that is, the farmers of the revenue of
the various ports and the collectors of imposts.9 Also in
the case of the publicans and the toll collectors, 10 the provosts of the treasuries and of the dyeworks, the procurators of the weaving establishments and of the mints, and
all other persons whose accounts are kept without any
time limitation in their records by the palatine office, We
decree that if any debts have been contracted by them, such
debts shall be canceled. The severity of forcible collection
from the heirs of the aforesaid persons shall also cease.
Given on the seventh day before the kalends of July at Milan in
the year of the consulship of Vincentius and Fravitus.-June 25,
40.7
4. The same Augustuses" to Theodorus, Praetorian Prefect.

Our Serenity commands that in Italy the payment of the
glebal tax also shall be removed from all the taxable land
units which We had freed from the duty of payments of
taxes in kind.
Given on the ides of September at Milan in the year of the consulship of Bassus and Philippus.-September 13, 408.
5. Emperors Honorius and Theodosius Augustuses to the

Dignitaries and Landholders throughout Africa.
The remission of taxes granted by Our Clemency shall
apply to all dues of delinquent taxes from fiscal accounts.
(Etc.)
Given on the seventh day before the kalends of December in the
year after the eighth consulship of Honorius Augustus and the
third consulship of Theodosius Augustus.-November 25 (June 25),
4Io; 409.12
6. The same Augustuses to Macrobius, Proconsul of

Africa.
In consideration of the loyal devotion1 3 of the Africans,
We command the remission of all delinquent taxes up to
the time of the beginning of the fifth tax payment,' 4 insofar as they pertain to the chest" of the Sublime Powers' 6
or to Our largesses. Similarly We also remit the taxes due
on account of Our privy purse, and the documents containing the accounts of the dues owing to the State shall
be destroyed.
Given on the seventh day before the kalends of July at Ravenna
in the year of the consulship of Varanes.-.June 25, 410.
7. The same Augustuses to Johannes, Praetorian Prefect.

We command that four fifths of every class of tax payment as retained by ancient custom, shall be remitted for
Campania, Tuscany, Picenum, Samnium, Apulia, Calabria,
as well as Bruttium and Lucania, so that from the tenth
year of the indiction17 a remission of five years"' shall be
granted, and the provincials shall pay one fifth of that
9 vectigalia.
10 telonarii.
11 Should be Emperors Honorius and Theodosius Augustuses.
12 Given on the seventh day before the kalends of December in
the year of the eighth consulship of Theodosius Augustus: November 25, 4og. Received in the year after the eighth consulship
...
Given on the eighth day before the ides of May at Ravenna in the
year of the consulship of the Most Noble Lucius.-May 8, 413; 412.
8.'1 The same Augustuses to Seleucus, Praetorian Prefect.

We graciously remit all delinquent taxes for shipmasters
in Africa from the fourteenth year of the indiction, in the
year of the third consulship of Valentinian Augustus and
the consulship of the Most Noble Eutropius, 20 until the
fourth year of the indiction, in the year of Our seventh
consulship and the second consulship of Theodosius. 2
Given on the third day before the nones of April at Ravenna in
the year of the consulship of Constantius and Constans.-April 3,
414.
The same Augustuses to Anthemius, Praetorian Prefect.

Throughout all the provinces of the Orient from the
eleventh year of the indiction of Valens 23 up to the fifth
year of the indiction just completed,2 4 namely, for forty
years, that is, from the year of the consulship of the sainted
Valens Augustus25 to the time of the seventh consulship of
My most invincible uncle Honorius and My second consulship,20 We grant the remission of delinquent taxes of all
general tax accounts, with equal balance, to the decurions
as well as to the private and patrimonial2 7 taxpayers, and
also to the taxpayers of the divine imperial household, for
every right subject to State service, likewise for the accounts due for cellar supplies, 28 with the exception of the
accounts due from the taxpayers of the mines and quarries
of the three districts, Docimeum, Proconnesus, and the
Troad, whether such taxes are due as payments in kind or
bronze or money or gold or silver, so that none of these
payments shall be due to the State storehouses or the chest
of the prefect or to Our treasury. For the time following,
the tax payments due from the sixth year of the indictionto the present twelfth year"o shall be reserved for needs as
they arise.
9.22

in the year of the consulship of Constantius and Constans.-April 9,
414.
On the same matter an edict was issued to the people;

to Marcianus, Count of the Sacred Imperial Largesses; to
Musellius, Grand Chamberlain, with reference to accounts
pertaining to the sacred imperial household; to the governors8 ' of the provinces; and, with reference to the
miners, an edict to the people throughout the provinces of
Illyricum and to the governors"' of the provinces.
The same Augustuses to Aurelianus, Praetorian Prefect.
Some men appear to have converted to their own gain
10.82
1i
I, 28, 6; Nov. Val, 3, 1.
21409.
20387.
22 II, 28, IO-I.
September I, 367-September I, 368.

24 September i, 407-September i, 408.
25 368.
26 407, completed January 1, 408.
27 collatores privati et patrimoniales, taxpayers of
estates that belong to the privy purse and to the imperial patrimony?
23
November 25, 410; M.

13 devotio, the regular word for prompt tax payments, ii,
i, n. 44.
The fifth year of the indiction. For Africa this was 405-406;
II, 28, 8.
15 arca, chest, treasure chest, treasury, of the praetorian prefect.
17 September I, 41i-September I, 412, during the Visigothic invasions.
18 To September I, 416.
14
which is due to the State. Of course, for the replacements

in the public post We decree that only that amount shall
be paid which was demanded within the period granted by
Our indulgence.
28 I, 22,
n.
20.
September 1, 408-September I, 409.

30 September I, 413-September I, 414.
29
31
rectores.
82H
I,
C 319
28, 9.
Remission of Taxes
11*28*10
and booty the remission of taxes which We distributed as

of general effect throughout all the provinces and peoples,
from the eleventh year of the indiction of Valens2" up to
the fifth year of the indiction just completed,24 so that what
had been public debts became private debts. 3 3 Therefore, in
order that the provincials may enjoy Our bounty in fact
and not merely in name, nothing further shall be exacted
from them by any member of a municipal senate34 under
the pretext of a tax payment anticipated by him," since
the members of the municipal senates8 4 must find sufficient
as a remedy whatever they personally obtained from the
aforesaid remission of taxes, which they have attempted
to violate with their sacrilegious intent.
Given on the fifth day before the ides of July at Constantinople
in the year of the tenth consulship of Honorius Augustus and the
sixth consulship of Theodosius Augustus.-July II, 415.
II.3 The same Augustuses to Monaxius, Praetorian Pre-
fect.
We have learned that the delinquent taxes due to the
commissary office are being demanded as though they were
not included in the general remission recently issued.
Therefore We sanction that the delinquent taxes due to
the commissary office also shall be remitted for the same
period of time. No person shall be sued for that period of
time defined by Our decree of tax remission on account of
taxes for the commissary office or f or any other tax account, with the exception of the taxpayers of the mines
and quarries of Docimeum, Proconnesus, and the Troad,
who were87 included also in the text of the decree of tax
remission previously issued.
13. The same Augustuses to Venantius, Count of the Privy

Purse.
It is Our will that copies shall be made of the tax lists
as they have been delivered to the palatine bureaus"' or to
the bureaus of the sacred imperial largesses or to the praetorian bureaus by officials with the rank of Respectable
who have been highly approved by Us, and also copies
shall be made of the amount of tax declarations which remains in the tax lists, but We command the cancellation of
that amount which has been excised from the public documents. Whence, according to the reliable account of the
public records, 4 2 it is established that throughout the Proconsular Province nine thousand two centuries43 of land
and one hundred forty-one jugera3 are assessed as solvent,4 4 and five thousand seven hundred centuries and one
hundred forty-four and one half jugera are among those
to be removed from the tax lists. In the province of By-
zacium, seven thousand four hundred sixty centuries and

one hundred eighty jugera3 must pay taxes and State
services, but seven thousand six hundred fifteen centuries

and three and one half jugera must be removed from the
tax lists. Thus with reference to those persons upon whom
landed estates have been bestowed"4 and relieved of taxes,
such estates can be preserved in the security of perpetual
ownership for an indefinite period of time. But We decree
that for those estates that have not yet been assigned to
definite persons by the posting of edicts, the governors 3' of
the provinces shall provide that such estates may be leased
to responsible persons, and the remedies shall remain inviolate as granted by the good faith mentioned above.
Given on the fifth day before the ides of September at Heraclea

the consulship of Palladius.-Septenber9, 416.
Given on the tenth day before the kalends of .March at Ravenna

in the year of the thirteenth consulship of Honorius Augustus and
the tenth consulship of Theodosius Augustus.-February 20, 422.

Campania shall have its lands made subject to tax equalization and with the exception of the tax dues,"8 shall bear
only the ninth part of the past amount of payments to the
State, since a very heavy tax assessment of former times
burdens her territory, and since that assessment, she has
been devastated by the incursion of the enemy.39 But We
order that Picenum and Tuscany, the suburbicarian districts, shall assume the seventh part of their tribute, according to the computation of their former tax declarations
on all their tax accounts. Thus the burden of the original
taxes shall be canceled, and only the amount that We have
indicated above shall be inserted in the public documents,
on the condition that hereafter all complaints in the name
of abandoned lands40 shall cease.
14. The same Augustuses to Rufinus, Count of the Sacred

Imperial Largesses.
We command that the remissions granted by Our Clemency regarding tax payments in kind throughout the urbicarian districts shall also be observed in tax accounts of
the largesses and the emphyteutic estates of any municipality. Therefore, the claims for delinquent taxes shall
also be canceled with reference to the tax accounts of the
largesses, the documents of taxes due shall be destroyed,
and Our Clemency will establish the taxes due, dating
from the present indiction. Of course, any person shall be
smitten with capital punishment if he should constrain a
provincial to pay any amount of public dues beyond the
sum established by this authority.
Given on the seventeenth day before the kalends of December at

Ravenna in the year of the twelfth consulship of Honorius Augustus
and the eighth consulship of Theodosius Augustus.-November 15,
418.
33A tax collector or other speculator would agree to assume the
obligation for the payment of these taxes, if the taxpayer would
sign notes to him promising to pay the amount involved. When the
taxes were remitted by the Emperor, the speculator attempted to
collect from the taxpayer the amount specified in the notes.
34 ordo, municipal senate, persons of high rank.
3 Apparently paid before the notice of tax remission by the
Emperor.
36
Registered46 on the sixth day before the ides of February at Ravenna in the year of the consulship of Asclepiodotus and Marinianus.
-February 8, 423.

If any person should recognize that he is obligated in

whole or in part for a tax assessment imposed on estates
that have been donated to him4 5 or relieved of taxes
through the sacred imperial generosity, he shall be ex41
3
II, 28, 9-lo.
3 Supply: nec, not, M.

3 compulsory services of the public post, G.
89 Alaric and the Visigoths.
40 Claims for reduction of taxes on abandoned lands.
Of the privy purse.

42 fides polypticorum.
centuria, a jugum, jugatio, or millena, a unit of land for tax-
ation.
4 On the payable list, subject to collection.
By the Emperor, lo, I, I, n. 2.
4
46Regesta.
[ 320 J
References of Cases to the Emperor

empted from payment by the special grant of favor of Our
Divinity. (Etc.)
Given on the twelfth day before the kalends of July at Constantinople in the year of the consulship of Ariovindus and Aspar.-June
434.47
20 (8),

We graciously grant remission of delinquent taxes from
the sixth year of the indiction" to which Our former remissiono extended, to the eleventh year of the indiction
that has just been completed,51 in equal measure to members of the municipal senates and to the private and patrimonial 27 landholders and also to the holders52 of estates
from the divine imperial household, whether such taxes
are due from any right of compulsory service to the State
or in cellar supplies.28 Thus remission shall be granted to
all men for these twenty years, from the sixth year of the
aforesaid indiction even to the eleventh year of the following indiction, for all delinquent taxes in all tax accounts, whether such payments are due in kind or money,
in gold or silver. The accumulated supplies of the State
storehouses shall hope for nothing from these twenty
years; the chest', of the Most August prefecture shall
hope for nothing; Our two treasuries shall hope for
nothing.
Given on the tenth day before the kalends of May in the year of
the fourteenth consulship of Theodosius Augustus and the consulship of the Most Noble Maximus.-April 22, 433.
17. The same Augustuses to Isidorus, Praetorian Prefect.

We remit the half of the tax accounts which were accumulated for the tax receivers before the tenth year of
the indiction"8 and which were commuted into cash payments at very humane prices by the exalted office,54 but We
command that all the rest shall be paid to the chest.15
Given on the day before the ides of July at Constantinople in the
year of the consulship of Isidorus and Senator.-uly 14, 436.
11-29-5
of Februaryat Rhegium in the year of the third consulship of Constantine Augustus and of Licinius.-February 6, 313;4 314.
2.5 The same Augustus to Profuturus, Prefect of the

Annona.
If any judge should suppose that a case ought to be referred6 to Us, he must pronounce no decision, but rather
he shall consult Our Wisdom on the point on which he
supposes that there is some doubt; but if he should render
a decision, he must not thereafter deter litigants from appealing therefrom by promising to refer the matter to Us.
Given on the fourth day before the ides of February at Sirmium
consulship of Licinius Caesar.-FebruaryJo, 319; February 7, 318.
3.7 Emperors Valentinian and Valens Augustuses to Viventius, Praetorian Prefect.

Governors8 of provinces must never suppose that they
should refer cases of delicts of provincials to the wisdom
of the Emperors unless they first issues a copy of the consultation.' Of course, such reports are fully complete only
when they are either denied by allegations or approved by
consent."o
Given on the third day before the kalends of January at Trier in
the year of the consulship of Valentinian and Valens Augustuses.December 30, 365; 368; 370.
4.11 The same Augustuses and Gratian Augustus to Apo-
demius. 12
If at any time it should be reasonable or necessary in
suits that Our judgment be sought and Our answer awaited, the statement in the reference to the Emperor must
embrace the entire case fully, so that after the reading of
the consultation which must be thus directed to Us, an
examination of the records is almost unnecessary. But all
the records must necessarily be attached.
Given on the sixth day before the ides of May at Trier in the
Victor.-May 10, 369.
TITLE 29: REFERENCES OF CASES TO THE

EMPEROR' (DE RELATIONIBUS)
i. Emperor Constantine Augustus to Claudius Plotianus,
Governor 2 of Lucania and Bruttium.

(After other matters.) In view of the fact that there
remains to litigants the legitimate choice of an appeal from
decisions, you must consult Our Majesty only concerning
a few matters' which cannot be decided by judicial sentence,
in order that you may not interrupt Our imperial occupations.
Given on the sixth day before the kalends of January at Trier.December 27, 312; 313. Received on the eighth day before the ides
4
5, 12, 3.
49
September I, 407-September I, 408.
* 5, 12,
3;
II,
28, 9-o.
50 II, 28, 9.
51
52
53
September I, 427-September 1, 428.

On lease, possessores privati ac patrimoniales, n. 27.
September I, 426.

to Eupraxius, Prefect of the City.
Whenever an appeal is interposed, or when the judge
himself is in doubt and has promised that he will send a
reference of the case,13 whether civil or criminal, he shall
observe the pattern for issuing an opinion9 and for giving
statements in rebuttal and also for transmitting the reference" before the day that was decreed by the law of Constantine," and he must at the same time transmit all records pertaining to the case which is referred to the Emperor. If any judge hereafter should not observe all the
regulations which have been established heretofore with
respect to the dispatch of references, together with his
office staff that neglected to recommend the regular order
of observation, he shall be held guilty of the crime for
which those persons are liable who commit sacrilege.' 5
(Etc.)
&
1 CJ 7, 61. Relatio was a reference of a case to the Emperor,

either for his decision or for advice. If the reference was for advice
only, it was usually called a consultatio, a consultation, though
consultatio and relatio were often used synonymously. The Emperor
was the supreme judge of appeal. Sitting with his advisers, he rendered many of the decisions, but most cases were decided by someone
who sat as his representative (sacra vice), such as a praetorian
prefect or a prefect of the City, I, 5-6.
2 Corrector.
8 those few matters, M.
Apparently given December 27, 313 and received February 6,

314, for at the end of 312 Constantine was in Rome, II, 30, I
(December 30).
" CJ 7, 61, I.
6 For an opinion.
7 CJ 7, 61, 2.
s rectores, the judges ordinary.
9 To the litigants.
10 Of the litigants.
11 CJ 7, 61, 3.

1s To the Emperor.
ii, 29, i; II, 30, 8; II, 30, 24.
15 It was sacrilege for anyone to disregard the divine imperial
laws of the Emperors who had obtained their authority from God.
12
14 11, 30, I; cf.
321 ]
References of Cases to the Emperor
11*29'5
Posted on the sixteenth day before the kalends of March in the

year of the third consulship of Gratian Augustus and the consulship
of Equitius.-February14, 374.

No report16 shall ever be offered at Our imperial altars
on the complaint of only one of the litigants. Thus if by
corrupt solicitation any person with punishable importunity
should perchance obtain such a request, the judge shall inflict the loss of his suit upon that person by whose insistence a decision was made contrary to general practice, nor
shall any suit ever be restored to a revived status if the
decision has been thus anticipated by such a condition.
Given on the fifth day before the ides of September at Ravenna
TITLE 30: APPEALS AND THE PENALTIES

THEREOF; REFERENCES OF CASES TO THE
ET
(DE
APPELLATIONIBUS
EMPEROR'
POENIS EARUM ET CONSULTATIONIBUS)
1.2 Emperor Constantine Augustus to Claudius Plotianus,
Governor of Lucania and Bruttium.
If in a civil case, after having heard the actions of both
parties, you should make a pronouncement that you intend
to refer the case to Our Wisdom, you must order that a
copy of the reference shall be published in the proceedings'
for-the litigants, within ten days, so that if perchance your
report should appear to anyone to be incomplete or contrary to fact, he may present to you petitions in rebuttal,4
likewise in the proceedings, 3 within five days after you
have issued to him a copy of your reference. Now it is
the duty of Your Devotion to annex to your reference
all proceedings in the case which have taken place before you or before others, together with the statements
made by a litigant in rebuttal. You must know that the
ten days within which the reference must be issued and
the fiVe days within which the petitions in rebuttal4 must
be offered shall be continuous days.5 For when the five
days have elapsed, you must not grant a hearing to a litigant offering petitions in rebuttal,4 but because such petitions were not offered within the time fixed, you must refer
all records to Our Wisdom without them. (Etc.)
Given on the third6 day before the kalends of January at Trier in
the year of the third consulship of Constantine Augustus and Licinius.-December 30 (27);
Given on the third day before the nones of November at Trier.November 3 (313; 314). Received on the fifteenth day before the
kalends of May at Hadrumetum in the year of the consulship of

Volusianus and Annianus.-April 17, 314; 35.
INTERPRETATION: This law directs that an appellant
shall not be constrained by custody in prison or by the infliction of any outrage, except in criminal cases in which a
similar condition of penalty and custody constrains the accuser and the accused. It says that their appeals must be
received, but under the condition that the appellant shall
be kept in custody until the criminal accusation comes before another judge, so that after reexamination of the
whole case, the appellant obtains a definitive decision by
absolution or by condemnation.
3. The same Augustus to Probianus,' 2 Proconsul of Africa.
When you hear cases on appeal that are adjudicated
through you 3 in Our audience hall, when We delegate to
you the trial of those cases in Our stead, you shall obey the
edict that has already been generally established with reference to the completion of cases on appeal, and you shall
decide such cases as speedily as possible.
Given on the eighth day before the kalends of September at Rome
in the year of the fourth consulship of Constantine Augustus and
of Licinius.-August 25, 35.
4.14 The same Augustus to Amabilianus, Prefect of the
Annona of Africa.
It is the duty of the office staff' formally to provide for
the acceptance of absolutely all appeals which have been
interposed, and they must not suppose that any kind of
outrage should be inflicted on any person when they receive his petition.
Posted on the third day before the kalends of January in the year
of the fourth consulship of Constantine Augustus and Licinius.December 30, 315; June 7, 314.16
312; 313.
same Augustus to Catullinus.Y

(After other matters.) When an appellant in a civil suit
has offered a petition for appeal,' it is not right that he
should endure the sufferings of prison or any kind of out2.7 The
16 suggestio, the regular word for an official report, usually with

recommendations. Offerings were made at the altars of the Emperor,
as to a divinity, Min. Sen., n. 15.
I11, 29, n. I;
rage or torments or even contumely, except in those criminal cases in which, though the defendants can appeal, they
must maintain such a status that they must remain in custody after the appeal.
The regulation shall be observed that appealso shall be
received from those persons who are recognized as not
interposing them from an interlocutory decision" or before
the case is tried and terminated, but appeals shall be recognized that are interposed against the judge, after the whole
case is terminated by a peremptory prescription and all
parts thereof have been investigated. (Etc.)
5.17 The same Augustus to His Dear Friend, Petronius
Probianus, 8 Greetings.
From the time when you have promised to consult Us or
report to Us in civil cases that are instituted between private persons, or after the formalities of an appeal interposed from your decision have been completed, no special
request or anything involving favoritism in any manner
must thereafter be heard by you, but it must be observed
that the customary formalities must be completed accord-
Brev. II, 8; CJ 7, 62.
5; CJ 7, 61, 1. The official title of Claudius Plotianus was

Corrector.
4 refutatoriae preces.
3 acta, I, 12, I, n. 2.
5 All days must be counted, including holidays.
6 The sixth, II, 29, I.
79, 40, I; Brev. II, 8, I; CJ 7, 62, 12.
8 Governor (Consularis) of Byzacium, G.
9 libelli appellatorii.
2 1I, 29,
10 provocationes, usually means appeals in criminal cases but the

distinction was not always observed.
11 praejudicium.
12 Augustine, Contra Cresconium, 3, 81; Epist. 88.

13 As an instrument of the Emperor, II, 29, n. I.
30, 21.
15 Of the judge.
16 13, 5, 2-3.
17 CJ 7, 62, 13.
14 II.
18
322
Appeals and the Penalties Thereof; References of Cases

ing to the former statutes,' and all the records shall be
dispatched to Our court. (Etc.)
11-3.0-11
i. The same penalty shall threat en the office staff if dur-
6.20 The same Augustus to His Dear Friend Petronius

Probianus,18 Greetings.
To supplicate the Emperor during the pendency of a
suit is not permitted, except perhaps in the case of a liti2
gant to whom a copy of the report ' is denied, or when the
transmission of all the documents of the case22 has been
ing the pendency of an appeal or a reference of the case to

been decided by Our
responses, the office should wish to lend their damnable
connivance to whatever was impe trated?8 in any manner.
the judge,
For the office staff must urge Our decrees upon
they must
mimendations,
and if he should ignore their reco
29
they must
seizure
cible
oppose him; and as though by farc
to the office of the
him
lead him from the court, deliver
fiscal accounts, and obligate him with the bonds of the
ceive that he is violating
der
our satons by hso
suppressed. If this should be done, the criminal charge of

sacrilege" shall threaten the judge who, by the commission
of such an act, imposes upon the litigant the necessity of
h day berehe
Osaedonh
alends of April at Rome in
the year of the fifth consulship of Co nstantine Augustus and the
consulship of Licinius Caesar.-March 29, 319.
Given on the ides of August at Arles.-August 13. Posted on the

ides of October at Thebeste in the year of the consulship of Sabinus and Rufinus.-October 15, 316.
supplication to the Emperor. If any person should supplicate the Emperor for any other reason, a penalty of half
the amount involved in the suit in question shall be imposed upon him, so that he shall pay that price to the fisc
according to the estimate of the judge.
Also if any person should solicit patronage and thus attempt to revive a suit terminated by a rescript or a reference of the case to the Emperor, since he commits an even
greater crime, he shall be immediately condemned in the
amount of the whole estimated value of the suit, and under
the pledge of an oath,2 every pardon shall be denied to
any person who attempts to supplicate the Emperor contrary to these regulations.
Given on the ides of August at Arles.-August 13. Posted on the
ides of October at Thebeste in the year of the consulship of Sabinus
and Rufinus.-October 15, 36.

Whenever an adjudicated case so demands, a litigant has
the right to appeal orally, immediately and even without a

written petition.
Given on the eighth26 day before the ides of June at Sirmium in
the year of the consulship of Gallicanus and Bassus.-June 6, 3,7.

The law27 shall remain valid by which it is prescribed
within what number of days a judge must issue to private
parties a copy of his report 21 or reference of the case to
the Emperor, and within what number of days, on the
other hand, the statements in rebuttal shall be given to the
judges, in both private and fiscal cases. 2 It2 is Our will that
whatever pertains to the documentation of the case shall
be speedily sent to Our court within twenty days after the

trial was ended, or after the judge, by his decision, promised to refer the case to the Emperor. If that should not be
done, and the twenty days should pass which We have
allowed to be reckoned after the decision was pronounced,
We direct that, within another twenty days following, the
entire office staff shall pay into Our fisc the estimated
value of the suit, the documentation 2 of which was suppressed, and the value shall be appraised as faithfully as
possible by the fiscal representative. Capital punishment
shall threaten him if he should attempt to mitigate the
severity of the law in any manner.

20 CJ I, 21, 2.
opinio, the report of the judge in his case. Cf.
29, 522 instructio, a
ments, a brief.
23 II, 29, n. 15.
25
J 7, 62, 14.
II, 29,
3;
II,
full statement of the case with all relevant docu24
Which the Emperor hereby swears.
26
The ninth, ms. V.
27
II,
The same Augustus to Severu s, Vicar.

In order that it may not be nec( essary to refer back for
trial the cases which come before )ur Wisdom, We direct
that the necessary documentation 2 shall be annexed in full
to the records. 82 For We are oth erwise compelled to refrain from pronouncing a decision, because We have sanctioned that Our rescripts that ar granted in answer to
opinions or reports 2 1 of judges m ust not be revised, and
because 3 3 it is to be feared that a suit might be decided
without knowledge of all the facto rs, if the right of complaint had been taken away. H ence a judge shall be
branded by eternal infamy, if ev erything which the litigants produced for documentation 22 and as proof cannot
be found placed in the records or appended thereto.
9.3
Given on the tenth day before the kalends of July at Aquileia in

the year of the fifth consulship of Con stantine Augustus and the
consulship of Licinius Caesar.-JUne 2Z,
30,
I.
319; 318.
The same Augustus to Crisp inus.35

If any person in his absence ha
s been nominated to an
he assistance of an api
of twom ot
pea the
d
iven for interposing an
appeal shall be computed from the day on which he shows
that he learned that the nomination was duly made against
him. For if he should learn of a no mination made when he
is present and should wish to apl peal, the period of two
months must begin to be compute d immediately.
10.34
Given on the eighth day before the ides of July in the year of the
sixth consulship of Constantine Augus tus and the consulship of
Constantine Caesar.-July 8, 320; 353.
i i.1 The same Augustus to Maxi
nus."
(After other matters.) No persc n shall put anything in

his pe t
in re
whic ei eglected to assert in the
ately, for when anyone
dr
s often
done
afba
act, he conceals it in the
desair of b enabl e
ea
certain that he will be
ted
and fictitious mateinven
present
refuted if he should
e
compelled
to present
1
must
therefore,
rial. All persons,
By an additional supplication to the
manibus injectis, arrest, exercise of Emperor.
elf-help. Cf. n. 116;
33
so IT, 3o, 6.
a1 CJ 7, 62, 15.
28
29
i, 6, 9,
Or: annexed to the completed records.

whenever, M.
4 CJ 7, 63, 1.
36 2, 18, I; CJ 7, 62, 16. The. date of the subscription agrees with
the official list of prefects.
8 intentio, suit, statement of suit, claim, bill.
82
19 II, 30, I.
21
the Emperor, or after cases hav
[ 323 1
Appeals and the Penalties

11-30*11
in the trial everything which they suppose will benefit the
substance of the litigation, and they must be urged to do
so, for the reason that they shall know that, in accordance
with the authority of this law, they will not be permitted to
insert in the petitions in rebuttal anything of such a nature
that they did not dare to publish it before the trial judge.
If a full statement is made by the litigant in the trial, as
We order, and a complete documentation" is brought together for the arrangement of the reference of the case to
Us, the answers from Our courts will be valid and trustworthy, nor will any occasion be given for complaint or for
supplication to Us that We should order the annulment
and invalidation of that which We had sanctioned in reply
to the reference of the case that was submitted by anyone
who furnished statements that were untrue and incomplete. Therefore, all allegations of the parties, all records,
and copies of all documents shall be dispatched. All judges,
and especially Your Sublimity, who represent Us in trials,
must observe this regulation.
I. Of course, complaints of litigants also arise from the
fact that the aid of appeal is denied by you who have received the right to act as a representative of the Emperor in
trials. It is necessary to prevent such a practice. For what
is harsher or more unworthy than for a person endowed
with power to become so arrogant through vainglory as to
despise the usefulness of an appeal, refuse to issue his
report,2 1 and deny the opportunity of rebuttal, as though
appeals were invented for bringing contumely on the judge
and not as a privilege of a litigant, or as if the equity of
the judge in this matter should not be considered but the
benefit to a litigant?
Given on the day before the ides of January at Sirmium in the
year of the second consulship of Crispus and Constantine Caesars.January 12 (June 12), 321.86
The same Augustus to Florentinus."

If any person should resist being nominated as a municipal magistrate, such resistance is not called an "appeal,"
but a "complaint," 40 for the term "appeal" must be used in
matters of greater importance. Similarly, if any person
should complain about the injustice of being nominated as
a collector of taxes in kind, this too does not appear to be
an "appeal," but a "complaint."" Hence in such cases the
statutory time limits for appeals need not be observed, but
such complaintso must be tried immediately.
12.
Given on the ides of April at Constantinople42 in the year of the

consulship of Severus and Rufinus.-April 13, 323.
13. The same Augustus to Julianus, Prefect of the City.

Some of the judges of inferior rank, in their resentment
that the aid of appeal'o from their decisions is interposed,
bring it about that their unnecessary and insolent references of cases are presented to Us. It is Our will, therefore,
that when an appeal is made from their decisions, they
shall not refer the case to Our Clemency, since they have
ceased to be the judges thereof by the interposition of the
appeal. But they must await the sacred imperial audience
hall of Your Gravity, to whom We have entrusted the
right to represent Us.
Given on the third day before the nones of August at Heraclea in
39 Perhaps Fiscal Representative, 12, I, 8; 9, 3, 1.
40 querimonia.
41 querella.
42 The city was called Byzantium until 330.
324
Thereof; References of Cases

third consulship of Constantius Caesar.-August 3, 326; 329.43
14." The same Augustus to Victor, Fiscal Representative

of the City of Rome.
Since some fiscal debtors, when they have been ordered
to pay the sum due, elude the effects of enforcement by
interposing the aid of an appeal, but do not take care to
request a copy of the report 2 ' or to offer any petitions in
rebuttal, it is Our pleasure that if an appellant should not
take care to fulfill these requirements within the time
granted for completing the customary formalities, the appeal shall be considered abandoned by him, and payment
of the debt shall be exacted immediately.
Given on the day before the kalends of August in the year of the
consulship of Constantius and Maximus.-July 31, 327.
15.4 The same Augustus to the Council of the Province
of Africa.
Judges do not justly think that an affront is offered
them if a litigant whose case has been injured by a decision
has appealed in the main cause.46 Such practice is neither
new nor alien to the courts. Therefore, after the main
cause"6 has been tried, the litigant shall be permitted to
seek relief for his case by the remedy provided by law.
Judges must observe the regulation that they shall not
throw appellants into prison or cause them to be guarded
by soldiers.
Posted on the fourth day before the kalends of August at Carthage in the year of the eighth consulship of Constantine Augustus
and the fourth consulship of Constantine Caesar.-July 29, 329.
INTERPRETATION: This law orders that judges shall not
consider claims of appellants as an affront to them, because
this practice is known to be neither new nor alien to the
courts, and the law therefore orders that by the remedy
of appeal a litigant shall be permitted to relieve a cause thus
prejudiced. The law also specially directs that an appellant
shall not be placed in prison or in any custody, but he shall
be free to provide for conducting his suit.
16." The same Augustus to all Provincials.

We permit appeals to be taken from proconsuls, counts,
and those who try cases in place of prefects,4 8 whether they
judge on appeal or on cases delegated to them or in the
course of their ordinary jurisdiction. The judge must furnish a copy of the report21 to the appellant, and he must
tend Us the records together with the petitions in rebuttal
as made by the parties, along with his own report.49 But We
do not permit appeals from the praetorian prefects who
alone can truly be said to try cases as representatives of
Our Sacred Majesty, lest veneration for Us may seem to
be affected. But if the defeated party should affirm that an
appeal was offered but not accepted by the judge, he shall
approach the prefects, in order that he may litigate the
43 Perhaps: In the year of the eighth consulship of Constantine
Augustus and the third consulship of Constantius Caesar (329),
since Julianus was Prefect of the City November 13, 326-September
6, 329.
4 CJ 7, 62, 18. Most of the fiscal debtors were delinquent taxpayers.
4 Brev. II, 8, 2.
46principalis causa, negotium principale. Or: after the first trial
of the case, (la premidre instance), G. in his Glossary. Cf. principale
conjugiun, a first marriage, 8, 18, 3, and negotium Principale, ii,
36, 3; II, 36, 14.
CJ
7, 62, 19.
suae litterae.
48 Vicars.

matter anew before them as though the appeal had been
accepted. If he should be defeated and it should appear that
he appealed unjustifiably, he shall lose the suit and shall
depart branded with infamy. But if he should prevail, it is
necessary to refer to Us the case against the judge who refused to receive the appeal, so that he may be visited with
proper punishment.
11-30-24
INTERPRETATION: This law directs that also in criminal
cases, when the lives of both parties are called into jeopardy, they shall be permitted to appeal, nor shall the plea
for an appeal be denied the person who, by a decision, was
sentenced to punishment.
The same Augustuses to Proculus, Proconsul of Africa.

If any persons who are ordered by a decision to pay a
fiscal debt44 should suppose that they should interpose an
appeal with a frustrative design, such appellants shall not
misuse evasive delays, but shall be sent immediately before
the judge who exercises jurisdiction as Our representative.
They shall prosecute the substance of the appeal within
twenty days, so that, if the appeal is approved, they shall
return to the office of Your Devotion; if it is disapproved,
they shall, as persons contemptuous of this law, be sent to
the jailers of the praetorian prefects. The same general rule
21.
Given on the kalends of August.-August i. Posted on the kalends

of September at Constantinople in the year of the consulship of
Bassus and Ablavius.-September I, 331.50
17." The same Augustus to all Provincials.

If a litigant has failed to resort to an allowable appeal,
he must remain forever silent, and he must not impudently
seek assistance from Us by supplication. If he should do
so, he shall be punished by the penalty of deportation.
Given on the kalends of August.-August i. Posted on the kalends
of September in the year of the consulship of Bassus and Ablavius.
-September I, 33J.50
I8. Emperor Constantius 52 Augustus to Anicius Julianus,

Prefect of the City.
Whenever a fiscal representative judges between private
parties, either because the functions of his office so demand,
or in accordance with the prerogative of a rescript, and an
appeal is taken from his decision, the case shall not be referred to Our Wisdom, but, after a report53 of the appeal
has been issued, which it is sufficient to demand according
to the customary rule, the parties must come to the audience
hall of Your Gravity, on whom the right of adjudication as
Our representative has been conferred. In fiscal cases, the
established custom of the ancient practice shall be observed,
the report 21 shall be issued, and everything shall be referred
to Our knowledge.
Given on the thirteenth day before the kalends of July at Sofia
(Serdica).-June 19. Posted on the sixth day before the kalends of
August at Rome in the year of the second consulship of Constantius
Augustus and the consulship of Constans.-July 27, 339; 329.43
shall be observed also if perchance they should be burdened
with a bad conscience and should omit to complete the

pleadings of the causes of the appeal within the time limit.
Given on the fourth day before the kalends of December in the
year of the consulship of Acindynus and Proculus.-November 28,
340.
22.57
The same Augustuses to Scyllacius."
All governors59 shall be admonished that if any person

should recognize that he has need of an appeal, they must
accept the petitions for appeal according to custom and the

order of the law, and they must transmit them to those
judges who customarily hear the appeal. Nor shall they
deter appellants by infliction of outrages and deprive them
of the aid of the necessary defense. For We impose the
burden of the present fine, namely, that if the judge should
fail to accept the appeal, he shall pay ten pounds of gold
and his office staff fifteen.29
Posted at Cyzicus on the sixth day before the kalends of March
in the year of the consulship of Placidus and Romulus.-February
24, 343.
19." The same Augustas to Anatolius, Vicar of Asia.

(After other matters.) If any person should be nominated to the municipal council or to the insignia of the
duumvirate or other honors, or if he should be summoned
to perform some compulsory public service and should suppose that he should appeal, such cases shall receive their
final pleadings within two months.
Given on the sixth day before the kalends of December in the
year of the second consulship of Constantius Augustus and the consulship of Constans.-November 26, 339; 352.
20." Emperors Constantius and Constans Augustuses to

Judges shall admit appeals not only in civil cases, but
also in criminal cases in which in some manner is involved
the fate of the life and safety of men; nor shall they deny
the plea of a person who is destined to punishment by a
decision.
Posted on the fifth day before the ides of June in the year after
the second consulship of Constantius Augustus and the consulship
of Cons!ans Augustus.-June 9, 340: 347; 353.56
50
1, 16, 6, nn. 29-30.
51 CJ I, 21, 3.
12
Constantine.
apostoli, message, letters, report of an appeal sent to the

Emperor.
5 4
I, 30, 10; II, 30, 12; CJ 7, 63, 1.
5s Brev. iI, 8, 3.
so In the year after the fourth consu'ship of Constantius Augustus and the third consulship of Constans Caesar (347), on
account of the dates of the prefecture of Philippus.
The same Augustuses to Rusticus, Prefect of the City.

We recall that We formerly sanctioned by a decree 0
that the authority of an ancient law' should be annulled
and that no man with the rank of Most Noble62 should unrestrictedly usurp the right to appeal from the decision of
the prefect of the City. But when We consider all parts of
this public benefit and common right, it appears to Us that
it should be granted, so that the authority of ancient times,
the right of appeal, and the original status should be restored. Of course, the prior law,6 0 by which that right appeared to be excluded, shall become obsolete.
23.
Posted at Rome on the sixth day before the nones of July in the
year of the consulship of Anantius and Albinus.-July 2, 345.
The same Augustuses to Procopius, Governor"9 of

Cilicia.
When a judge supposes that a case, either civil or criminal, should be referred to Us, the records of the proceedings as they took place, and the petitions in rebuttal as offered must be referred to Us. We order that such petitions
in rebuttal shall be asked and demanded from the litigants
24.
53
57
59
Edict Theod. 55.

praesides, the judges ordinary.
58
Perhaps Vicar of Asia.
60 Not extant but compare 6, 4, 3.

61
62
The reference is uncertain but compare II, 30, II; D 4,

4, 38.
Clarissimus, the rank of Senator.
[ 325 ]
Appeals and the Penalties

11-30*24
within the time limits prescribed in the constitution6 3 of
Our father. We announce that if any man should neglect
these Our regulations, he shall suffer the severest brand of
infamy.
Posted on the sixth day before the ides of November in the year
of the consulship of Philippus and Sallia.-November 8, 348.
25.64 The same Augustuses" to Lollianus, Praetorian Prefect.

Since judges ordinary66 suppose that they should reject
appeals, it is Our pleasure that if any judge should refuse
to accept an appeal which is not interposed from an execution or an interlocutory decision" but from a decision that
terminates the suit, he shall be compelled to pay thirty
pounds of gold to the fisc, and his office staff must likewise
pay another thirty pounds of gold. 29
Given on the eighth day before the kalends of August at Messadense.67-July 25. Posted at Capua in the year of the consulship of
Arbitio and Lollianus.-355; 356.
26." The same Augustus" to Volusianus, Praetorian Prefect.

(After other matters.) When a decision is given which
relates to ownerless and caducous possessions and to property which by compulsion of the law is taken from unworthy persons, and any person supposes that he should
appeal, his plea must be admitted.
Given on the third day before the kalends of August in the year
of the consulship of Arbitio and Lollianus.-July 30 (ap), 355.
27. The same Augustuses and Julian Caesar to Taurus,
Praetorian Prefect.
In the customary manner Your Laudable Sublimity must
hear the appeals that are interposed from Sardinia, Sicily,
Campania, Calabria, Bruttium, and Picenum, Aemilia and
Venetia, and all the other provinces,69 and such cases shall
be ended by this competent appeal. Nor can there be any
confusion. For the prefect of the City has been notified by
Our rescript, and he knows that he must refrain from hearing the aforesaid cases.
Given at Sirmium in the year of the ninth consulship of Constantius Augustus and the second consulship of Julian Caesar.-December, 357.
28. The same Augustuses to Taurus.10

We learn from the salutary decrees" of Our father that
it was formerly ordered that if an appeal was taken from
the fiscal representative or count or other person who administers fiscal affairs, when such official demanded payment of a fiscal debt," the appellants must, within thirty
days, be brought before those judges who preside at such
trials as Our representatives, and the appellants must prosecute their actions against the decisions which they contend
are unjust. For this purpose it is sufficient that twenty
days be observed within the same province in which the
appeal is taken, just as forty days must be observed if the
appeal is taken from another province; and the regulations
of the constitution 7 of Our father shall be effected within
these time limits.
64 CJ 7, 62, 21.
6311, 30, I.
65 Should be: Emperor Constantius Augustus.
67 Unidentified but probably in Raetia, since at
this time Constantius had left Milan and was on a Raetian expedition. Cf. 2, I, 2.
68 CJ 7, 62, 22. Cf. io, 8, and the Glossary.
69 the adjoining provinces, M. The passage seems to be corrupt.
71 Not extant.
326
Thereof; References of Cases

Given on the fourteenth day before the kalends of July at Singidunum.-June 18. Posted on the tenth day before the kalends of
August at Rome in the year of the consulship of Eusebius and
Hypatius.-July 23, 359.
Emperor Julian Augustus to Hymetius, Vicar of the

City.
All legitimate appeals that are interposed against the
hearings of Your Gravity must be unquestionably accepted, and within thirty days after the decision is rendered,
everything done in such suit, together with petitions or
statements in rebuttal, must be sent to Our court.7 ' For that
duty you shall select a strenuous apparitor from among
those who serve you. Public records shall be made, and the
date when the records of the case are delivered to the
carrier shall be faithfully designated. For the office staff
shall be made liable to a fine of ten pounds of gold, if Our
29.
orders are in any way violated by connivance."

Given on the tenth day before the kalends of October at Antioch
in the year of the consulship of Mamertinus and Nevitta.-September 22, 362.
30.-1 The same Augustus to Germanianus, Praetorian

Prefect.
Parties who do not appeal within the proper time shall
be denied the right to a renewal of a hearing.74 Therefore,
if any man should suppose that, under the pretense of fear,
he should not interpose an appeal against the decisions of
the prefects of the City, proconsuls, counts of the Orient,
or vicars, he shall be barred from a renewal of the suit. For
while we are prudently governing the State, no judge shall
dare to deny to litigants the refuge of appeal. If any man,
in fact, should suffer violence, he may publicly lodge an
attestation,75 of course, within the statutory time limits
within which he is allowed to appeal, and he shall set forth
his reasons for appeal with a clear affirmation, so that when
that is done, he shall be granted the assistance of equity,
as though an appeal had been interposed.
Issued on the fifteenth day before the kalends of January76 in the

year of the consulship of Mamertinus and Nevitta.-December I8,
362; 363.

Since very many governors" are incited by their wicked
consciences to attempt to suppress or delay references to
the Emperor which they promise to dispatch to the court72
of Our Tranquillity, We command that they shall be notified by Your Illustrious Authority, so that they may understand that a penalty of ten pounds of gold threatens them,
and a penalty of twenty pounds of gold threatens their

office staff,2 if the promised reference has not, without any
doubt, been delivered to the apparitors through whom the
records must be transmitted. Since it often happens that
through some chance an obstacle that causes delay appears
to be put in the way of the bearers of the letters, and lest
what comes about unavoidably should appear to be charged
to the fault of the governors,77 they shall cause a record to
be made before them, in which they must designate the date
on which the transmission of the records was entrusted to
those persons who are assigned to this compulsory service.
Comitatus.
78 CJ 7, 67,
7 redintegrandae audientiae facultas.
75 contestatio.
76 July in QJ.
72
2.
7 rectores.
Appeals and the Penalties T hereof; References of Cases

Given on the tenth day before the kalends of April in the year of
the fourth consulship of Julian Augustus and the consulship of Sallustius.-March 23, 363.
Emperors Valentinian and Valens Augustuses to the

Municipal Senate of the City of Carthage, Greetings.
It appears that not only is the necessity of accepting an
appeal imposed on judges, but the period of thirty days is
also fixed within which the records79 must be sent to the
bureaus of Our Clemency. The judge and his office staff
shall be subject to a fine if these provisions are violated in
any respect.
32.7'

year of the consulship of the sainted Jovian and of Varronianus.February(?) 4, 364;so 365.

If any judge, contrary to the authority of the law, should
disregard an appeal, he shall immediately be compelled to
pay the penalty of twenty pounds of gold at the insistence
of your office staff and not that of the fiscal representative,
and his office staff shall pay thirty pounds of gold with
equal swiftness.2 9
Given on the day before the ides of September at Aquileia.-September 12. Received on the eighteenth day before the kalends of
December at Tacapa in the year of the consulship of the sainted
Jovian and of Varronianus.-November 14, 364.

City.
If any man should dare to follow a reference of a case
to the Emperor and should be apprehended at the threshold of Our palace and court, 7 2 he shall be compelled to pay
to the account of the fisc in gold and silver one half of the
estimated value of the suit that came into controversy.
i. Unless a judge who promised a reference of a case
should dispatch such promised reference of the rendered
decision to Our bureaus within thirty days, he shall be punished by a sentence involving infamy and be stricken by the
penalty of ten pounds of gold. If his office staff did not
recommend or admonish him of the necessity of the reference, they shall be liable for twenty pounds of gold. 29
Given on the fifth day before the ides of November at Milan in
-November 9, 364.
35. The same Augustuses to Modestus, Praetorian Prefect.

The records annexed to a reference of a case to the
Emperor must contain all documents that were offered at
the trial. Also the proceedings that were previously held
and the records must be transmitted. To these must be annexed the testimony and confessions of the parties, and
everything of this kind in which the case consists and upon
which the outcome appears to depend.
Given on the kalends of August at Marcianopolis in the year of
the consulship of Valentinian and Valens Augustuses.-August i,
11-30-40
cate a matter immediately, and the delinquent taxpayer begins to oppose the decision of the tax investigator, all delay
shall be set aside, and either Your Sublimity or the vicar,
whichever of you is the nearer, shall conduct a trial with
reference to the uncertainty 2 that has arisen.
of Equitius.-February 14, 374.

to Thalassius, Proconsul of Africa.
(After other matters.) When a trial involving peremptory prescriptions is being conducted, if the judge considers
that they should be rejected as trivial and an appeal is
taken from his interlocutory decision, such appeal shall be
received, since a peremptory prescription appears to operate with the same force as a definitive decision, as consuming the cause of action or as not admitting it to be prosecuted. However, since it can happen that many peremptory
prescriptions are available to litigants, in order that it may
not be necessary to appeal often in one and the same suit
in connection with each separate peremptory prescription
and to refer the case so many times to Us, the litigant shall
be compelled to declare all the peremptory prescriptions
which he supposes are available to him and thus finally resort to the aid of appeal, if he wishes, only if all such prescriptions are rejected by the trial judge. (Etc.)
Given on the third day before the kalends of September at Trier
in the year of the sixth consulship of Valens Augustus and the second consulship of Valentinian Augustus.-August (January) 30, 378.
38.83 Emperors Gratian, Valentinian, and Theodosius Augustuses to Syagrius, Praetorian Prefect.
(After other matters.) We order that appeals from condemnations shall be admitted.
Given on the fourteenth day before the kalends of July in the year
of the fifth consulship of Gratian Augustus and the first consulship
of Theodosius Augustus.-June 18, 380.
39. The same Augustuses to Macedonius, Count of the

Whenever the count of Our treasury is found to have
imposed a final decision in fiscal causes that are pending on
account of some doubtful problem, and by the interposition
of an appeal, refuge is taken from the collection of the debt
which evidently should be exacted, Your Excellency shall
know that the appropriate examination thereof must be
granted, provided only that if any persons appear to have
suspended an execution on a previously rendered judgment
by the interposition of an improper appeal, they shall be
visited with the penalty established by frequent regulations,
in addition to the amount of the debt."
Posted at Carthage on the fifteenth day before the kalends of
April in the year of the consulship of Syagrius and Eucherius.March i, 381.
370; 369.81

to Eupraxius, Prefect of the City.
(After other matters.) If for just reasons anything uncertain is found, whereby it becomes impossible to adjudiCJ
7, 62, 24.
7 negotii merita, a statement of the merits of the case.

80 Valentinian was not at Milan on this date.
81 9, 16, 8. 373 is excluded by the fact that this constitution was
issued at Marcianopolis.
40. The same Augustuses to Basilius, Count of the Sacred
Imperial Largesses.
It is Our will that every decision shall be so called and
shall be an actual one if it is written and read from the
document thereof. Whoever demands the aid of an appeal
therefrom must come to the court of the sacred imperial
audience hall. In such case he need fear no penalty which is
inflicted in the case of an appeal from an interlocutory
82 the
not ambiguous matter, M.
[ 327 3
8" CJ
7, 62,
25.
11-30-40
decision," but in the proper contest he shall incur the risk

as to whether the appeal was just or unjust. Furthermore,
an interlocutory decision" is justly and fitly understood as
one which in all trials and disputes"' is decreed without a
written document and a reading therefrom. If any person
should interpose an oral statement or a written document
as an appeal from such a decision, without any argument he

shall be bound by the clear and manifest condition attached
to an appeal from an interlocutory decision," the penalty
must be immediately exacted from him by the same judge,
and he must be held subject thereto.
Given on the day before the kalends of September in the year of
the second consulship of Merobaudes and the consulship of Saturninus.-August (January) 31, 383.
41." The same Augustuses to Ammianus, Count of the
Privy Purse.
The fiscal representatives who preside over cases in-
volving the privy purse or the sacred imperial treasury shall

undertake the trials in the presence of the fiscal advocate.
If their decision should perchance be suspended by an appeal, the fate of the legal action shall pass to those judges
to whom causes between private parties are customarily referred on appeal, provided that if an appeal should also be
taken from them, the decision of Our Clemency shall be
awaited. In that event Your Sincerity or the count of the
sacred imperial largesses,8 6 depending upon the person
whom the matter concerns, shall issue a full written statement and inform Us what has been done in the cases thus
referred, so that if a hearing thereof by Us still remains to
be held, Your Sincerity or the count of the sacred imperial
largesses shall remind Our Clemency by said report, or if
it is established that the suit has been terminated by the
consent of the parties, Our Clemency shall receive a complete record of the investigation and a notification of the
matter. Of course, it is Our will that only the periods for
appeal shall not be the same in private and fiscal causes, so
that, according to the ancient law, fiscal cases shall be
pleaded within two months, if they are in the same province, within four months in an adjoining province, and
within six months in a transmarine province.
8
Posted on the seventeenth 7 day before the kalends of January in

of Saturninus.-December I6, 383.
42.88 The same Augustuses to Agrestius, Proconsul of
Palestine.
We approve the conscientiousness of a judge, if he
should accept an improper appeal,"9 in order that in the
meantime he may not hear the rest of the case.
Given on the day before the kalends of April at Constantinoplein
the year of the consulship of Richomer and Clearchus.-March31,
384.
43. The same Augustuses to Merobaudes, Duke of Egypt.

We do not permit any fines to be imposed on appellants,
except in accordance with Our decrees.
trials, disputes, and written claims (libelli), M.
J 2, 8, 4.
86 remunerationes.
87 Fourteenth, CJ.
88 Edict Theod. 55. The text may be corrupt but it is probably
authentic as here printed, even though it is flatly contradicted by
the prohibitions against such appeals.
89 That is brought in order. Or: We approve ... in refraining
from hearing the rest of a case, if he should admit an appeal, even
though the appeal should be improper.
84
85
Given on the thirteenth day before the kalends of November at

Constantinople in the year of the consulship of Richomer and Clearchus.-October 20, 384.

City.
(After other matters.) When an appeal is lodged, although it is said to be interposed from an interlocutory
decision," the case shall be sent in the customary manner
to Us or to a trial judge of the sacred imperial audience
hall, since, if this appeal was issued contrary to law, after
the judgment of the sacred imperial court the fine can
easily be exacted from such litigants.

Given on the third day before the kalends of December at Milan
in the year of the consulship of Richomer and Clearchus.-November 29, 384-90
45.1 The same Augustuses and Arcadius Augustus to

Pelagius, Count of the Privy Purse.
(After other matters.) If an appeal is taken after the

decision of a tax investigator or a fiscal representative, the
case shall be transferred to Your Sincerity, but so that
if the unimportance of the case or the remoteness of the
region should not permit the litigants to come to your court,
you may delegate the case to the judge 6 6 of the province
whom you yourself approve. i. Transmarine appeals shall
be tried in your court within the space of a year; appeals
from adjoining provinces and from those not far removed
shall be finished within the time limits established by law.
consulship of Bauto.-February 15, 385.
46. The same Augustuses to Florentius,
Count of the

(After other matters.) When an appeal arises concerning a fiscal debt, the merits of the suit shall be heard, within
the twentieth day if in the same province, just as the space
of forty days shall suffice, according to the decision of
the general sanction,93 if the appeal is from an adjoining
province.
and the consulship of Bauto.-November 25, 385.
Although it was formerly decided9 4 that no litigant
should follow up a judge's reference of a case that was sent
to the sacred imperial court, 72 after thorough deliberation,
We sanction that if no response has in any manner been
given to the reference after the lapse of a year, the interested litigants, after assembling all the records and a copy
of the reference itself, shall have free opportunity to come
to the court7 2 of Our Serenity.
Given on the seventh day before the kalends of February at Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-January26, 386.
48. The same Augustuses to Eusignius, Praetorian Prefect.

No person shall be permitted to withdraw" his own appeal, but the examination of the whole matter shall be reserved for the sacred imperial audience hall. But if anyso04, 17, 4.
92 n. 44; I,
4
II,
lo,
3,
n.
6.
91 CJ 7, 62, 26.
9
30, 34.
II, 30, 21; II, 30,
revocare, revoke, annul, withdraw.
[ 328 J
28.

96
11-3o.56
one should neglect this law and should allow an appeal

through favoritism, he shall be compelled to pay fifty
pounds of silver, and his office staff shall pay a like amount
or edicts without the public counc il'0o shall be invalid. No

appeal therefrom is necessary, if the customary formality
is lacking.
as a penalty.
Given on the fourteenth day before the kalends of June at Milan
in the year of the third consulship of Valentinian Augustus and the
consulship of Eutropius.-May I, 387.
Given on the seventeenth day before t he kalends of June at Milan

in the year of the consulship of Olybri us and Probinus.-May 16,
395
49. The same Augustuses to Albinus, Prefect of the City

of Rome.
In connection with suits that are tried in the venerable
City in the name of Our patrimony, We issue this law,
that if the suit which is tried exceeds the sum and estimated
value of two hundred pounds of silver, the appellants from
a decision of the fiscal representative shall attend the hearing thereof by the court of the count of the privy purse.
But if the sum involved in litigation is below the stated
limit, We delegate the hearing to Your Sublime Eminence
as a representative of the sacred imperial judgment of Our
Divinity.
Given on the eighth
51. day before the kalends of August at Rome in
the year of the consulship of Timasius and Promotus.-July 25, 389.
50. The same Augustuses to Victorius, Proconsul of Asia.
We order that the man who sends his procurator to a

court with an appeal before a decision is rendered against
him shall, by judicial authority, receive and sustain the loss
of a fine assessed for appealing from an interlocutory de-
cisionis
54-1011 The same Augustuses to A ndromachus, Prefect of

the City.
If the sacred imperial bureaus h ave not given a response
within a year to a reference of a casse sent to Us, a reminder
by the litigant will not prejudice th e case. Thereafter, even
though some constitution should b shown to have been issued which penalizes, as formerly, with loss of the suit involved, those who come to Our cot rt, in this situation, it is
understood that the said constitu tion derogated nothing
from the constitution'" that desig nates the time, because
it does not touch or repeal the men tion of a year as granted
by the former law.' 0 7 Hence they shall observe the statutory rigor of the law and the decr ees, if the impatience of
the
should burst forth wit thin a year of the transand litigants
w~teighddte.etlmn
mission of the reference. But if t he course of a year has
elapsed, no person shall be forbi Iden to come to seek a
divine imperial response from Ou r Clemency, because the
law neither defers nor takes anyth ing away from the prescribed limitation of a year.
l
Given
on the eighth day before the k
alends of June at Milan in

the year of the consulship of Olybrius a nd Probinus.-May 25, 395.
99
fect for the second time of Illyricum and Italy.
We order that in cases in which an appeal must not be
refused, the judge who refuses it shall be punished by a
fine of thirty pounds of gold and the obsequious favoritism
of the office staff shall be stricken with a fine of fifty
pounds of gold."
Theon.
same Augustuses to Mess ala, Praetorian Prefect.
When in civil cases there is notihing which is lacking in
the main cause previous to an appe al, the controversy must
be terminated after the allegations
of the litigants are heard
must not be delayed
e
e
he ad
merely by a reference of the case t o the Emperor. For it is
not right that because intimidation caused by an appellant
has hindered the constancy of a we ak trial judge in making
a decision, a litigant should be in continual suspense by
reason of the uncertainty of a ref erence to the Emperor.
Given on the fifth day before the ides of June at Constantinople

consulship of Abundantius.-June 9, 393.

year of the fourth consulship of Arcad ius Augustus and the third
consulship of Honorius Augustus.-May 19, 396;108 399; 400.
The same Augustuses to Our Dear Friend Rufinus, 100

Greetings.
In a trial before the sacred imperial court, nothing shall
be determined concerning that part of a case about which
nothing was introduced or proved in the original trial before the
101
56.109 The same Augustuses to Nebridius, Proconsul of

Asia.
Our Serenity has modified the c nflicting opinions of the
ancients. If any person, therefore, should lodge a petition
for appeal, he shall know that vithin three days after
legally bringing it, not within thr ee days from the time
Issued on the day before the nones of April at Constantinople in

consulship of Abundantius.-APril 4, 393
The
15 same Augustuses to Apodemius, 98 Praetorian Pre-
52.
Given on the fourth day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abndantius.-September 28, 393102
53.103
fine
Emperors Arcadius and Honorius Augustuses1 4
thyProconsul
of
pdemns
Enntuh yearothetdconsul
to
sficdoes
(After other matters.) Nominations made by petitions

9 Any judge. If anyone should neglect this law and allow a cause
to be lost through the favoritism of an appeal, M.
9 praejudicialismulta, the interlocutory fine, as it is called.
9 13, 5,
21; 12, 12, 12.
9 Apparently of Illyricum only, since neither Italy nor Africa

was subject to Theodosius at this time.
101 praeses, either before the governor or before another judge, M.

102 2, 12, 5; 4, 3, 1; 4, 8, 9.
103 CJ 7, 62, 27.
104 The same Augustuses, ms. V.
the municipality.
considers the text of this c onstitution corrupt, and he
rewrites it accordingly. He suggests: th e case, because, even though
some constitution should be shown to have been issued which conthe plan of litigants to come to
not, as formerly, penalize with thOur court, such constitution
e loss of the suit involved
those litigants who do cusmt In ip pt uationn it is unesto
that
such constitution derogated nothing from the constitution that designates the time, because it does not touch or repeal the mention of
the year that was granted. Hence, they shall observe the established
severity and decrees of the statutes, if the impatience of a litigant
should burst forth within a year of the transmission of the reference, for there is neither any condition nor any punishment imposed
on such impatience.
107 II,
30, 34; II, 30, 47.
108 The date is doubtful since it contradicts the dates of the
other constitutions issued to Messala as Praetorian Prefect.
1o CJ 7, 62, 28.
105 Of
106
M.
329
113056
when the decision was rendered, as an appellant he shall

have permission to change his mind, lest the grace of just
repentance should be taken away.
Given on the eleventhno day before the kalends of August at
Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-July 22,
396.
The same Augustuses to Eutychianus, Praetorian

Prefect.
57-111
(After other matters.) No cleric, monk or one of those

persons called Synoditae" 2 shall be permitted by force or
unlawful assumption of authority to vindicate or detain
men who are sentenced to punishment and condemned for
the enormity of their crimes. We do not deny them the
right, out of humanitarian consideration, to interpose an
appeal in criminal cases if the statutory time limits permit,
so that the case may be more carefully investigated, when
it is thought that through error or partiality of the trial
judge justice was suppressed as against the safety of a
man. This condition shall be observed, namely, that if the
proconsul, the count of the Orient, the augustal prefect, or
vicars were the trial judges, the case must not be referred
to Our Clemency, but to the Most August authorities. 1 s
For it is Our will that they shall have plenary jurisdiction
in such cases, in order that, if the circumstances and crime
demand it, they may more suitably punish the condemned.
(Etc.)
59. The same Augustuses to Simplicius, Governor' of

Tripoli.
We do not believe that any person9 6 will be so contumacious as to dare to refuse an appeal that has been interposed according to law. Hence the apparitors shall observe
the ancient discipline and shall not be restrained from making the necessary recommendations on account of fear of
the person whom they obey for the time being."16 Moreover, if anyone96 should disregard an appeal that is lawfully taken, he shall be compelled to pay thirty pounds of
gold into Our treasury, and the office staff which connives
with the judge shall be held subject to the same penalty.
Given on the day before the ides of June at Verona in the year of
the consulship of the Most Noble Theodorus.-June 12, 399.
6o. The same Augustuses to Pompeianus, Proconsul"
of
Africa.
Although there is sufficient authority in the promulgated
laws concerning the acceptance or rejection of appeals and
although a penalty is provided for the judges if they refuse
to hear litigants who properly appeal from an unjust de-
cision, and a similar penalty is established for the office

staffs, whether judgment has been given in criminal or in
civil cases, still We decree on Our own motion that the
statutes of the ancients shall be observed, and We permit
no person ever to violate them-with impunity.
Given on the kalends of June at Milan in the year of the consulship of Stilicho and Aurelianus.-June 1, 400.
Given on the sixth day before the kalends of August at Mnyzum

61. The same Augustuses to Flavianus, Prefect of the
58.114 The same Augustuses to Theodorus, Praetorian
Whenever the Respectable vicar of the venerable City

hears a criminal case in which an inscriptionu 9 has been
filed in advance, and an appeal is taken from his decision,
Prefect.
Aroused by the complaints of many persons, We sanction by this law that if any person should wish to escape
from a decision of a suspected judge by interposing an appeal, in such a plea he shall have unrestricted right, nor
need he fear contumely from the court, since he can also
easily appeal from such a wrong, especially since appeals
are not permitted from the prefects alone without loss of
the case. Therefore, all men shall know that appeals are
granted from wrongs received and from suspected judges
and from capital punishment, as well as in those cases involving the loss of one's fortune. i. But if any judge here-
after, when an appeal has been issued, should refuse to

hear the petition that is offered, 1 ' he shall be punished by
the loss of twenty pounds of gold, and his office staff shall
be compelled to pay to Our largesses twenty-five pounds
of gold, if it does not resist him resolutely, contradict him
by the records, and show him what has been established by
law.116
Given on the seventh day before the ides of June1? at Milan in
the year of the consulship of the Most Noble Theodorus.-June
(January) 7, 399.
City.
We decree that the case shall be referred to Our Clemency.

But if the vicar should assume the trial of a case such that
without any bond of law there is not so much the presentation of a crime as the enkindling of the odium of crime,
and if the decision rendered is suspended by an appeal, We
sanction that, when a report of an appeal" is issued according to custom, your Illustrious office shall hear the appeal
as the representative of Our Imperial Divinity.
Given on the fourteenth day ;before the kalends of September at
Brescia in the year of the consulship of Stilicho and Aurelianus.August 19, 400.

Diotimus, Proconsul of Africa.
It is Our will that the ancient custom shall be observed
in suits which come from appeal, and We add the provision
20
that if an appeal is at any time interposed by barbariansl
or their prefects, it shall await, in the customary manner,
examination in the sacred imperial court, that is, trial by
the proconsul.
Given on the eleventh day before the kalends of August at Ravenna in the year of the second consulship of Stilicho and the consulship of Anthemius.-July 22, 405.
no Tenth in CJ.
1119, 40, 16; CJ I, 4, 6; 7, 62, 29.
112 Fellow travelers, companions, 9, 40, 16, n. 25.
114
CJ 7, 62, 2l; 7, 62, 30.

an appeal has been issued and a petition has been offered, he
should refuse to hear the case, M.
116 An excellent summary of the duties of the office staff of a
judge. Ordinarily the judge was a politician, but the members of
his office staff were trained career men in the imperial service, n. 29.
117 On the sixth day before the ides of January in CJ.

In those cases in which the parties in your presence ob-
115
118
Praetorian Prefect according to the manuscript.
119 inscriptio, a formal, written accusation, binding the accuser
to a penalty if he failed to convict, 9, I.

120 Primarily barbarian soldiers in the employ of the Roman
Emperor, 7, I, I.
E 330 ]
Appeals and the Penalties T1 ereof; References of Cases

tain arbitratorsl21 in accordance with the decision of Your
Magnitude, either in that municipality or province in which

you abide or in near and adjoining provinces, the ancient
law shall maintain its proper validity, so that when two
months have elapsed, the last day shall be the final day...
and a renewall 2 3 may be sought within thirty days thereafter. But when such grounds for the delay of a suit in
provinces farther away and remote are considered, then,
according to the example of those persons who properly
appeal from governors" of provinces and their decisions, a
delay of six months shall be given for the last day1 12 of
the statutory time limit, and three months for renewal.1 23
Given on the fourteenth day before the kalends of January at Constantinople in the year of the second consulship of Stilicho and the
consulship of Anthemius.-December 19, 405.

Julianus, Proconsul of Africa.
We are not unaware that it was anciently provided124
that in fiscal causes, after the interposition of an appeal,
twenty days appear to have been established1 2 5 within the
province, and that trial judges of the sacred imperial audience hall should terminate such suits of the divine imperial
household. If, however, the appeal should be from an adjoining province, they should decide all such suits within
forty days. Our Serenity, however, has devised a certain
modification. We therefore direct that in addition to the
twenty days which the imperial law established, We add
another twenty days. In connection with all such cases the
general rule shall be observed that if the case should be
fully pleaded on any one of the added twenty days, it shall
be considered as having the reverence 26 attached to the
sacred imperial audience hall, and the day shall be approved
as the final day1 22 of the statutory time limit, even though
it is not the fortieth day. We sanction that this regulation
shall be observed, lest, if only one day were observed as the
final day, the sickness of the judge or the occupation of the
litigant might appear at times to have rightfully postponed
the established time limit. Hence, We order that such
respect shall be given to all of the additionally granted days
that no reason for excuse thereafter shall arise. We direct
that when cases have lapsed, there shall be no renewal after
the said time limit. In order that in the meantime no collusion of the members of the office staff may delay the case
of a litigant, We direct that a fine of twenty pounds of gold
shall threaten them, so that if it should appear that the case
was delayed by the fault or collusion of those whose duty
constrains them to remind the judge,"' they shall be held
liable to the prescribed penalty. If a litigant has a suit pending against Our fisc and he is not present to attend to his
interests within so many days, he may not hope for the
special favor of any renewal 2 3 after the lapse of the statutory time limit, and he shall know that then only an execution is left for the fisc.
i. We direct that in appeals from adjoining provinces
also, in connection with which forty days was anciently
121 arbitri, arbitrators, judges, referees, umpires.
122 dies temporalis, dies fatalis, dies ultimus, the day on which
the statutory time limit for the trial of a case expired.
123reparatio.
124 II, 30, 21; II, 30, 46; 1o, I, 13.
125 For trial of a case on appeal, an appeal, within twenty days the
judges of the sacred imperial audience hall who are established
within a province should terminate such suits, M.
126 it shall be judged with the reverence of the sacred imperial
audience hall, M.
11-3o.67
given, another thirty days shall be added under a similar

condition, so that they shall observe the added time under
that condition, and for the period of added time any day shall
be the final day1 2 2 of the statutory time limit on which the
cases can be decided. But when that time has elapsed, We
order the litigant to be entirely debarred from obtaining a
renewal. 12 1 We direct that the office staff shall be held liable
to the aforesaid penalty, if it appears that it was due to
their connivance that the final pleadings in the case were
not made.
Given on the ides of October at Ravenna in the year of the ninth
consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-October 15, 42.
65.127 The same Augustuses to Symmachus, Proconsul of
Africa.
The authority of the laws directs that prescriptions of
forum shall be brought forward by the litigants in the beginning. Nor have these laws deemed it proper that appeals
should be taken from interlocutory decisions. If any person should violate this rule, he shall be compelled to suffer
the penalty, as prescribed by the ancient sanctions, for appeals from interlocutory decisions.9 We, therefore, sanction by this law that if an appeal of litigants is received
within the time prescribed by law, it shall be attached to
the records,.2 and the promised reference of the case shall
be dispatched to the sacred imperial bureaus within the
thirty days defined by law. Unless all judges and their office staffs devotedly observe and execute this law in all
causes, We order that the measure of the fine fixed by the
ancient sanctions shall be immediately exacted of them.
Given on the fifth day before the kalends of September at Ravenna in the year of the tenth 29 consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-August 28, 415.
66. The same Augustuses to Monaxius, Praetorian Prefect.

All persons in whose cases the decisions of judges are
suspended by appeal must either show that they compromised the case in the meantime, or, if they did not compromise, they shall be compelled to make known to Our ears
as soon as possible the references of the cases by these
judges, so that they may receive answers in conformity
with the law. That law, 130 of course, shall be observed, by
which it is provided that no litigant shall approach the
sacred imperial court" of Our Majesty within a year after
an appeal has been interposed.
Given on the eighth day before the ides of March at Constantinople in the year of the consulship of Monaxius and Plinta.March 8, 419.
67."l The same Augustuses to Asclepiodotus, Praetorian

Prefect.
(After other matters.) If an appeal is offered in which
the sacred imperial audience hall of Your Magnitude or of
the prefect of the City is demanded and the judge should
not accept the appeal, or if he should accept the appeal and
should refuse the right to the letters of notification of the
appeal,13 the litigant shall have, according to the ancient
law, a time limit of one year after the decision is rendered
in which to lodge complaint of this injustice and to notify
his adversary also. If an appeal should not be accepted in
127 H1,30:
29, 31, 32, 34, 50; CJ 8, 35, 13.
annales, since they were issued annually.

129 eleventh, CJ.
130 II, 30: 34, 47, 54.
131 CJ 7, 62,
31.
128
331
11*3o.67
cases of such a nature that a sacred imperial review of the

decisions of inferior judges is sought, the litigant shall
have six months in which to do these things. But if an arbitrator 2 ' should contemptuously refuse to accept an appeal
or to make a reference of the case, a time limit of four
months must be observed. When these regulations which
We have provided have been fulfilled, the appellant must
observe the statutory time limits that are recognized as
provided for appeals. (Etc.)
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.-March 30, 423.132

Their friend Celer,1 3. Greetings.
In cases of the privy purse, except in matters that involve payments... or petitions'8 5 for ownerless property,
the proconsul must hear appeals from the court of the
fiscal representative under all other titles, for We do not
disdain that the same law should be shared by Us and
private persons, provided that the reverence due to Our
Majesty shall remain unimpaired.
in the year after the consulship of the Most Noble Felix and
Taurus.-February25, 429.
TITLE 31: RENEWALS OF APPEALS'

REPARATIONIBUS APPELLATIONUM)
(DE

If a defendant2 should be defeated in a trial and should
protect himself by the aid of an appeal, and if he is barred
by the statutory time limit, within three months he may request that the exhausted space of time shall be renewed.
Unless he makes such request, it is Our will that the decision rendered against him shall remain in force. A similar
i.
rule must also apply in the court of magistrates,3 but
shorter time limits shall be observed. A renewal there may

be obtained within thirty days, in order that the proper
effect may not follow the decision that has been imposed.
Given on the ides of October at Verona in the year of the consulship of the sainted Jovian and of Varronianus.-October15, 364.
The same Augustuses to Symmachus, Prefect of the

City.
2.
Although the provision of law grants no renewal to any

person after a renewed period of time has elapsed, still the
benefit of the law assists those persons who failed to prosecute, not intentionally or through fault,' but because they
were prevented by the sickness of the judge or intervening
business on behalf of the State.5
Given on the fourteenth day before the kalends of March at Milan
-February 16, 365.

If public necessity or sickness of the judge should pre132
134
4, 18,
2; 11, 31, 9.
Of rent and other dues.

135 competitiones, lo, 8; lo,
12, 6; Brev. II, 9; CJ 7, 63.
io.
z possessor, possessor, one in possession, landholder, defendant.

3 Of municipalities.
4 not slothfully or through fault; or: intentionally and through
fault, M.
s Res Publica, the State, the commonwealth, a municipality.
vent a hearing in a trial before the sacred imperial court,

renewal may be requested within three months, and notice
of the impetrated renewal shall be given to the adversary.
Unless both of these formalities should be effected within
these three months, the judgment which the appellant suspended by the appeal shall be revived. Whenever a decision
is rendered by magistrates8 or petty judges6 and is suspended by an appeal, the trial of which must be conducted
not by a hearing in the sacred imperial audience hall but by
a hearing before judges ordinary,7 and for which two
months are granted for the trial and conclusion of such
urgent cases, if the aforesaid time should perhaps elapse,
contrary to the desire of the appellant, a renewal may be
requested within thirty days.
-March
19, 368; 370.
4. The same Augustuses and Gratian Augustus to Olybrius, Prefect of the City.
If any persons are entitled to the benefit of a renewal
for just causes which are contained in the constitutions"
of Our sainted ancestors, . . . by reason of the occupation
of the judge who is about to hear the case in the sacred imperial audience hall, they must observe the statutory time
limits of three months in two particulars, that is, before
that period can elapse, they shall renew" the time limits
already run, and they shall give notice of the renewal, or
without any subterfuge they shall comply with the decisions
rendered.10
Given on the thirteenth day before the kalends of July at Altrip
of Victor.-June 19, 369.

If a case against any man must be renewed in the sacred
imperial audience hall, such litigant shall be on guard to
learn whether his adversary obtains a renewal within three
months, and in the trial the litigant shall diligently observe
the day established by the triumphal decrees." If the adversary perchance has fled from the place where he is accustomed to live, the duty shall be incumbent upon the
appellant to proceed with a public officiall 2 and deliver to
his adversary's man,-- whom he finds at the place, the
notice" which must be conveyed to the adversary, and the
curator or magistrate' shall confirm by an attestation of a
public rescript or of the public records that this was done.
When these formalities have been completed, if the person
to whom notice 4 has been given should neglect to attend
court, he shall suffer the penalty of his neglect and contumacy, that even in his absence an urgent suit may be
pleaded,15 and after careful examination by the trial judge,
the decision may be rendered which reasons of equity and
the rules of law dictate.
pedanei judices, I, 16, 8.
7 Governors of provinces who were the customary judges of first
instance for most cases.
8 Of Constantine and Constantius: parentes,
Const., n. 5.
9 can elapse or they renew, M.
6
10 In the lower court.

11 II, 31, I; II, 31, 3-4. Imperial decrees were called triumphal,
as symbolic of the imperial victories.

12 officium publicum.
13 colonus, overseer, etc.
14 conventio, summons, notice of suit.
15 dicere, say, plead, try a case.
r- 332 1
Second Lapses
Altinum in the year of the consulship of Valentinian Augustus and
the fourth consulship of Valens Augustus.-August 15, 373; 370.16

We order that when the time limits"" have been renewed
within three months, in accordance with the former law,"'
this action shall be brought without delay to the knowledge
of the adversary by a formal notification that must be
executed in the customary manner, that is, the measure of
the additional time given shall be observed, and the litigants
shall return to the competent court. But if the party for
whom the time limit is renewed should suppose that he may
delay beyond the time given, the decision pronounced
against him shall be confirmed, and the judgment once
rendered shall be executed.
Given on the sixth day before the ides of December at Constantinople in the year of the consulship of Valentinian Augustus and
the fourth consulship of Valens Augustus.20-December 8, 373; 370.
INTERPRETATION: This law directs that if any person
should appear to be unjustly defeated in his cause, and before the third month the time limits should be renewed as
they appear to have been granted for the appeal, such litigant must cause the grant of this renewal to come at once
to the notice of his adversary, and the person who appealed
in this suit must not delay to conduct this action as he
thinks it is available to him, within the time limits that are
provided for the appeal. If he should neglect to do this,
the decision that was pronounced against him shall remain
and shall be enforced in every detail by a grant of execution.
7. Emperors Gratian, Valentinian, and Theodosius Augustuses to Siburius, Praetorian Prefect.
If a defendant2 should be barred by the lapse of the first
statutory period for pleading his case and should.be unable within three months to request a renewal, 2 1 because
the public enemy 22 has blocked his opportunity of going to
court, he shall not lose the benefit of the law by such an
event; and when the enemy 22 has been repelled, that shall
be the time for the first renewal of suits and of the situation, so that as soon as he can go before a judge2 3 of the
sacred imperial court and the reasons have been made
known, the judge shall graciously grant him the aid of the
forfeited renewal. 2 1
Given on the third day before the nones of December at Trier in
the year of the consulship of Auxonius and Olybrius.-December
3, 379.
8. Emperors Theodosius, Arcadius, and Honorius Augustuses to Victorius, Proconsul of Asia.

Whenever the first period for appeal has elapsed for
those transactions through which any persons are sumOlybrius was Prefect of the City 368-370; Valentinian does not
appear to have been at Altinum after 365; the preceding constitution was issued in 369. Hence this constitution was probably issued
in 370, in the year of the third consulship of Valentinian and Valens
Augustuses. Cf. 10, 4, 3.
17 Brev. II, 9, I.
18 For an appeal.
19 Not extant.
20 In the year of the third consulship of Valentinian and Valens
16
Augustuses.
21 instauratio.
22 The times were unsettled and barbarian invasions frequent.

The enemy here mentioned are probably the Germans and the Suebi
who were subdued by Gratian during this year. Auson., In Grat.
Act. 3; Socrates 5, 6; Sozom. 7, 4.
23 auditor, hearer, judge.
11-32-1
moned to membership in a municipal council, renewal may

be asked within thirty days under the condition prescribed
by law, and the tenor of the renewal sought shall be
brought to the notice of the adverse party.
Given on the eighth day before the kalends of May at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-April 24, 392.24

(After other matters.) If appellants do not attend upon
the court2 5 within the time that has been defined, they shall
observe the following time limits: If an appeal should be
26
taken from the decision of an arbitrator and the appellant
should incur a lapse of the time limit, he shall observe the
statutory time limits as established by the ancient laws ;27
a second renewal is granted by Our Serenity and shall have
a period of three months if the appeal is taken from an arbitrator, in the same or in an adjoining province, and of
four months if in a province farther away. As to the second renewal, which Our Serenity is wont to grant to those
who appeal from a judge,7 if after such lapse, within the
three or four months which We established, an appellant
has not asked for a renewal from the judge who should
2
hear the case in the sacred imperial audience hall " and the
designated time limit has lapsed, We grant him three additional months for the impetration and filing of a rescript29
and for the notification of those persons who are prosecuted in his suit; provided that in connection with the first
as well as the second renewal, as We have already stated,
sufficient cause is shown, that is, sickness, employment in
public affairs, or some other necessity which the judge or
the litigant could not postpone, or if the advocateo of the
suit could not be present on the final day of the statutory
time limit 31 for the investigation of the claims.32 It is Our
will that it shall be made clear that after the second renewal, no other renewal can in any manner be demanded,
and in connection with every kind of renewal the general
rule shall be observed which We provided3 in connection
with those persons who steal away from a renewal in
order that they may not be notified.' 4
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.-March 30, 423.4
TITLE 32: SECOND LAPSES' (DE SECUNDO

LAPSU)
1.2 Emperors Valentinian and Valens Augustuses
Volusianus, Prefect of the City.
If a cause should fail by a second lapse, through
fault of the judge, according to the regulation 3 of
sainted Constantine, such judge shall be held liable for
to
the
the
the
24 12, I, 125.
25 judicia, courts, trials.

26 arbiter, arbitrator, judge, referee, umpire.
27 H, 31: 1,
3.
28 The Emperor or his representative, such as a praetorian prefect.
29 For a renewal of the case.
3o negotii patronus.
31 11, 3o, n. 122.
32 When the case was being investigated.
33 II,
32, 5.
3"4, 18, 2; II, 30, 67.
1 Of the statutory time limits for the trials of suits, after the
renewal of an appeal.
2 Symmachus 1o, 52, 59.
8 2, 6, 2.
E 333 1
Second
11*32-1
payment of the estimated value of the property that was
involved in the suit.'
Given on the third day before the nones of September at Milan in
the year of the consulship of Valentinian and Valens Augustuses.September(?) 3, 365.5
TITLE 33: DELAYS BY CONSENT (DE DILATIONIBUS EX CONSENSU)

i.1 Emperors Arcadius and Honorius Augustuses to
Africanus, Prefect of the City.
Whenever any trial is delayed by the consent of the
parties to the suit, they shall have no power to delay beyond
two months, lest gradually, by liberal concessions of delay,
litigants generally become old in years along with their
outworn lawsuits.
Given on the third day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus and
the third consulship of Honorius Augustus.-April 29, 396.
TITLE 34: THOSE PERSONS WHO HAVE NOT

APPEALED THROUGH FEAR OF THE JUDGE'
(DE HIS QUI PER METUM JUDICIS NON
APPELLAVERUNT)
Emperor Constantine Augustus to all Provincials.
If any person should omit an appeal2 and should attempt
to renew a suit against the decisions of counts and any
others who adjudge cases as Our representatives, and if he
should affirm that he omitted the aid of an appeal3 through
fear, he shall be deported to an island and shall forfeit all
his property, which shall be adjudged to the fisc. In such
cases the trial shall be held by Us or the praetorian prefect,
pursuant to Our order.
i.
Given on the kalends of August.-August i. Posted on the

kalends of September in the year of the consulship of Bassus and
Ablavius.-September 1, 331.4
2. Emperor Constantius Augustus to Volusianus, Praetorian Prefect.

If a decision is pronounced by the prefect of the City
or the proconsul and is not followed by an appeal, 2 it will
be proper for those litigants who affirm that they were intimidated by imminent fear of the judges to ask for aid,
and either I personally will hear the cases of those persons
who have asked to be released from the toils of such constraint through My special grant of imperial favor or I
will delegate the investigation to Your Excellency, under
this condition, of course, that decisions of vicars that are
not suspended by appeal shall be reviewed according to the
sanction- of My sainted father. If complaint should be
made as to the decisions of governors of provinces, such as
consulars, praesides, or others, the provisions of the previous law5 shall be followed, which likewise gives aid to
those who request it when the undeniable use of terror has
been alleged.
res de qua jurgium est, the property involved in suit, the interests involved in suit.
5 I, 6,
Lapses
Given on the kalends of January at Milan in the year of the consulship of Arbitio and Lollianus.-January 1, 355.
TITLE 35: IF DEATH SHOULD INTERVENE

DURING THE PENDENCY OF AN APPEAL'
(SI PENDENTE APPELLATIONE MORS INTERVENERIT)
1.2 Emperor Constantine Augustus to Bassus, Prefect of
the City.
(After other matters.) Since judges consult Us and inquire whether in trials on appeal they should extend new
time limits to the heirs of a litigant who died during the
trial,' before the case had lapsed,4 or whether the heirs
should be compelled to finish the pleadings on the suit
within the remaining days, though the suit was unknown
to them, it is Our pleasure that when a case on appeal is
being tried, and one of the litigants has died during the
trial,' four months additional shall be given and new time
limits extended, so that the heirs who know nothing about
the lawsuit, or even hesitate to enter upon the inheritance
before they know of any benefit to them, may not be compelled to suffer damages.
Posted on the fourteenth day before the kalends of June at Sirmium in the year of the second consulship of Crispus and Constantine Caesars.-May 19,
321; 3,7; 319.5
If the death of the appellant should

the
pendency of an appeal, four months
intervene during
must be granted to the heirs of the appellant, namely, to
that heir the author of whose right had died, so that the
case may be suitably managed by him; for he must not be
hurried headlong to the pleading of a case, lest he may appear to incur a loss through his ignorance of a suit which
he did not manage from the beginning.
INTERPRETATION:
TITLE 36: WHOSE APPEALS SHALL NOT BE

APPELLATIONES
(QUORUM
ACCEPTED'
NON RECIPIANTUR)
1.2 Emperor Constantine Augustus to Catullinus.
If there should be dilatory and frustrative deferments
that are not appeals but mockeries, they must not be admitted. Just as aid must not be denied to those litigants
who appeal justly, so it is not fitting that those persons
against whom judgment has justly been rendered should
uselessly, by appeal, delay proceedings that are properly
conducted. Hence, when his own confession or a clear and
well substantiated investigation of the truth has shown by
proof and evidence that a man is a homicide, an adulterer,
a magician,3 or a sorcerer,4 all most atrocious criminals,
appeals must not be accepted which appear to hold no hope
of disproving what has been established but rather are an
attempt to delay the sentence. Those persons who protest
in various suits and cases must not rashly appeal from
special points," from interlocutory decisions,6 or from those
judgments which have been justly made. But if a defendant
I Brev. II, 10; CJ 7, 66.
5; II, 14, 1.
22, 6, 3; Brev. II, 1o, I;
8 lis, litigation, suit, trial.

s2, 6, 3; 5, 1, L.
1 Symmachus 1o: 10, 32, 52.
1 CJ 7, 67.
2 provocatio,
3 appellatio.
5 II, 34, 1.
synonymous with appellatio, II, 30, n. To.

4 I, 5, 3; I, 16, 6, nn. 29-30.
Brev. II, II;
8 maleficus.
5 articuli.
CJ
7, 65.
CJ
7, 66, 6.
4 before time had elapsed, M.
2 Brev. ii,
ii,
I.
4veneficus, poisoner, sorcerer.

6 praejudicium.
E334 1
11.36-6
Whose Appeals Shall Not Be Accepted

in an accusation of homicide, magic,7 adultery, or sorcery'
was in part able to obtain assistance for his defense from
the witnesses and the examination employed under torture,
and in part he appeared to be overwhelmed and incriminated, then full liberty shall be left to Our deliberation in
connection with an appeal interposed by such a defendant,
who affirms that the testimony in his favor should be of
advantage to him rather than that the testimony against him
should hurt him.
denied. If any litigant, therefore, is found to have resorted

to such an appeal in your court, you shall fine him by the
penalty of thirty folles, and without delay you shall decide
the whole cause of that party at least who has rashly appealed from an interlocutory decision" or from an execution, since no delay will be granted in Our audience hall,
and the time given to litigants for delivering the fullest
record1 5 in connection with an interposed appeal is sufficient.
Given on the fourth day before the nones of November at Trier.2, 314; November 3, 313. Received on the fifteenth day
before the kalends of May at Hadrumetum in the year of the con-
Posted on the sixth day before the kalends of May at Carthage

November
sulship of Volusianus and Annianus.-April 17, 3,5; 314.9

INTERPRETATION: In civil cases or in cases of less
important crimes which are not included in the laws, the delay
prescribed by law for an appeal must be granted, and the
decision of the judge must be suspended by the appeal. But
if persons should be convicted or should confess that they
are guilty of homicide, adultery and other crimes included
in this law and should wish to appeal, the delay shall be
denied, and the sentence of the judge shall be immediately
pronounced in the case of persons convicted of manifest
crimes, or at least notice shall be given to the Emperor
of great crimes and powerful persons.
2. The same Augustus to Volusianus, Prefect of the City.
If any person should appeal from an interlocutory decision6 or from an executiono in a case that has been previously decided and should hastily request a trial in another
audience hall, he shall be punished by the penalty of thirty
folles, and you shall yourself decide the entire case without
delay, since it will appear that you are about to make the
cause your own, if through connivance you admit such an
appeal. If you perceive that appeals are interposed in reference to the whole cause, in the trial thereof you must
observe the provision" that was formerly very clearly
established by Us.
Posted on the fifth day before the kalends of March at Rome in
the consulship of ConstantiusCaesar.-April26, 320-326; 313; 315.16
Catullinus.
Out of respect for public law you ought to have punished
with the severity of the laws those persons who were found
guilty by their confessions, and you ought not to have admitted the dilatory appeals of those persons who prolong
their life in vain, but you ought to have punished with a
severity equal to its wickedness any crime of adultery, reported to your court and proved after an inquisition"' had
been held. In such crimes, it must be observed hereafter
that when adultery is proved by clear evidence, a frustrative appeal must not be admitted, since for an equal and
similar reason the judge must 9 sew up alive in a leather
sack and burn the sacrilegious violators of marriage as
though they were manifest parricides.
year of the second consulship of Constantius Augustus and the consulship of Constans Caesar.20-August 29, 339.
The same Augustuses to Albinus, Vicar of Spain.

Any person who appeals from an interlocutory decision6
shall be punished by a penalty of thirty pounds of silver
when the amount involved in the litigation is large, and he
shall pay fifteen pounds of silver in minor cases.
5.21
Given on the seventh day before the ides of April in the year of
the consulship of Marcellinus and Probinus.-April 7, 341.
Licinius.-February 25, 315.
6.22 The same Augustuses to Leontius.
3. The same Augustus to Aelianus, Proconsul of Africa.

Although by a law 1 2 that was previously issued with reference to appeals, it was provided that no person should
interpose an appeal from an interlocutory decision 6 or an
execution, and that such appeals should not be admitted
by those who adjudicate as Our representatives, lest lawsuits should be protracted, to the ruin of many, by the
interposition of appeals from interlocutory decisions," or
by the injection of certain delaying and frustrative designs,
nevertheless, it is now Our pleasure to add a penalty, so
that all men may understand that they must fortify their
cases by a trial of the main dispute"3 and that they must
not appeal from the first beginnings, as it were, of an
interlocutory decision' 4 or from an execution. For to those
persons who suppose that they should impatiently appeal
from a special point,- permission to appeal shall be granted
after the trial of the whole case, and to those who appeal
from execution too late, opportunity to appeal had not been
7 maleficium.
8 veneficium, poisoning, sorcery.
We have often sanctioned that in civil cases the benefit

of an appeal must not be delayed. But if any persons
should wish to appeal in fiscal cases or in cases of the privy
purse, that is, so as to deny a debt 23 or to refuse the performance of a compulsory public service,2 3 contrary to the
advantage of the fisc or of the privy purse, such an appeal
when offered shall be ineffectual and such petitions shall
not be accepted, since, to the loss of the fisc, they either
suspend by delay or defeat by intimidation2 1 the benefits
of a decision that has been rendered.
Given on the fifth day before the ides of May at Antioch in the
year of the third consulship of Constantius and Constans Augustuses.-May II, 342.
15 instructio, a full statement of the case with all relevant documents, a brief.
16 The date is uncertain;
i, 36, 2; 9, 34, 2; I, 12, 3.
17 CJ 9, 9, 29. Catullinus was Vicar of Africa, 12, I,
24; 12, 1, 26.
18 quaestiones, investigation, usually under torture.
19 insuere vel exurere oporteat, ought to sew up . . . and burn;
must sew up ...
"9, 40, I.
20
10 executores, the officers of execution, enforcement officers.

11 Not extant.
12 II, 30, 1-2; II, 36, 2.
1a Or: in the first trial of the case, G. II, 30, 15, n. 46.
21
14 interlocutio.
24
and burn.
Constans Augustus, if 339 is correct.
CJ
7, 62,
20.
IO, I, 6. Leontius was Praetorian Prefect.

23 debitum, debt, taxes due; munus,
II, I, n. 57.
22
or pervert by error, M.
E 335
11-36-7
7.25 The same Augustuses to Hierocles, Governor2 6 of

Coele-Syria.
You shall provide for the enforcement of the regulation
that no homicide, sorcerer,4 magician, 3 adulterer, and likewise, no ravisher, shall be heard as an appellant when he
has been convicted by proofs, proved guilty by witnesses,
and in addition by his own voice confessed his offense and
crime. For just as it is equitable that those persons who
have not been convicted and have not confessed should enjoy 7 the right of appeal common to all other defendants,
because it often happens that the fortune of a trial accumulates evidence, by the verisimilitude of which a defendant
is overwhelmed, when he could not be convicted for true
reasons, or else the cunning adversary withdraws witnesses
and overcomes the truth by audacity and vehemence; or
just as it is equitable that persons who have confessed because they are forced thereto by the enormity of sudden
fear or torture imposed upon them, but have not been convicted should also enjoy such common right of appeal, so
also a person proved guilty by his own voice and that of
others must not, because he disdained justice,2 8 also by his
importunity again obtain a delay, only for the purpose of
wrongfully appropriating again the enjoyment of life that
he does not deserve.
Given on the fifth day before the ides of December in the year of
the consulship of Leontius and Sallustius.-December 9, 344; April
24, 348.
8.29 The same Augustuses to Theodorus, Governor" of

Coele-Syria.
Your Gravity must not suppose that you should admit an
appeal of any man in connection with fiscal debts.2" For it
is not right that the public advantage should be suspended
by long frustration, or that license for evasion should be
furnished to crafty defrauders.
Given on the eighth day before the ides of March at Ankara
(Ancyra) in the year of the consulship of Eusebius and Rufinus.March 8, 347.
INTERPRETATION: In the case of manifest fiscal debts23
no appeal shall be granted to any man, because the advantage of the State must not be suspended by any delay.
9. The same Augustusesso to Cerealis, Prefect of the City.
Persons who are clearly debtors of Our privy purse
desire to avoid payment by the aid of cunning through the
interposition of frustrative appeals. We therefore decree
that the plea of such an appeal shall not be admitted.
Given on the tenth day before the kalends of August in the year
of the sixth consulship of Constantius Augustus and the consulship
of Constans Caesar.-July 23, 353.
10. The same Augustuses 3' to Proclianus, Proconsul of
Africa.
It is Our pleasure that Your Prudence shall pay to the
fisc fifty pounds of silver, if you should accept a frustrative
appeal contrary to the advantage of the fisc and should
afford culpable connivance to any man evading payment.
Given on the fifteenth day before the kalends of February at Constantinople.-January 18. Received on the tenth day before the
kalends of August at Carthage in the year of the seventh consulship of Constantius Augustus and the consulship of Constans
Caesar.-JIly 23, 354; 360.32
25 CJ 7, 65, 2.
26 Consularis.
27 Reading uti.
29 Brev. II, II, 2.
28 disdained to obey, M.
s0 Should be: Emperor Constantius Augustus.
31 Should be: The same Augustus.
32
4, 13, 4, n. g.
i i. The same Augustuses" to Lollianus, Praetorian Prefect.

No appeal that is brought from an execution or an interlocutory decision14 shall be accepted.
of the consulship of Arbitio and Lollianus.-July 25, 355; 356.38
12. The same Augustuses" to Volusianus, Praetorian Prefect.

In consideration of the public welfare, the aid of appeal
is forbidden in cases involving fiscal payments and debts. 23
(Etc.)
Given on the fourth day before the kalends of August in the year
of the consulship of Arbitio and Lollianus.-July 29, 355.
13. The same Augustuses" to Probus, Proconsul of

Africa.
Since it appears that it was formerly provided by Our
sanction34 that no person should dare to appeal when a
fiscal debt 2 3 is demanded, if the proconsular office staff
should passively permit such an appeal, it shall be compelled to pay thirty pounds of gold to the fisc.
Given on the ninth day before the kalends of July at Sirmium in
the year of the consulship of Datianus and Cerealis.-June23, 358.
14. The same Augustuses3" to Flavianus, Proconsul of

Africa.
The ire of a judge is a grave agitation and one that
should not be borne if it is of the kind that is expiated by
the shedding of human blood. But to increase the deceit of
iniquity, a law3 ' of Our ancestor is cited, and it is said
that Our ancestor took away the refuge of appeal for those
persons convicted in criminal trials"' on charges of violence. "That man shall be punished," he says, "who is
proved to have committed manifest violence." The clement
founder explained these words of his law in other decrees." For he was unwilling that the severity of punishment should be delayed after the conclusion of the whole
case, so that, of course, if the investigation of the principal
matter'" should disclose insolent madness, the forfeiture
of half of his goods or the lot of deportation should be
inflicted upon the accused person when convicted.
Given on the third day before the nones of August in the year of
the consulship of Taurus and Florentius.-August 3, 361; 357.

Senate of the City of Carthage, Greetings.
(After other matters.) We decree that appeals shall not
be admitted from an execution or an interlocutory decision,6 so much so that those persons who act contrary to
what has been decreed shall be punished by a penalty of
fifty pounds of silver.
year of the consulship of the sainted Jovian and of Varronianus.February 4, 364;37 365.

City.
We condemn appeals that are interposed from interlocutory decisions6 or from executions, and if any person
should appeal on such grounds, We order that both he and
the office staff that did not renounce such an action shall
83 II, 30, 25.
86 Such as 9,
34 II,
36, To.
TO, 3.
3 Valentinian was not at Milan on this date.
[ 336 J
**9, 10, I.

each pay fifty pounds of silver to Our fisc. The judge who
accepts such an appeal will thereby make the cause his
own.3 8
Givcn on the eighth day before the ides of October at Altinum.October 8. Received on the sixteenth day before the kalends of November in the year of the consulship of the sainted Jovian and of
Varronianus.-October 17, 364.
17." The same Augustuses to Modestus, Praetorian Prefect.

To no apparitor shall be granted the right to appeal
from a decision of his own judge, except only in a suit
which he perchance commenced according to civil procedure before his own judge in a case concerning his patrimony.40 But, of course, any apparitor may appeal, if he
wishes, from the decision of the judge whom he serves,
only if the case is such that he is legally granted the right
to prosecute it through a procurator. 4 1
Given on the fourth day before the ides of June at Cyzicus in the
year of the consulship of Valentinian and Valens Augustuses.June 10, 365; 370; 371.42
I8. The same Augustuses to Symmachus, Prefect of the

City.
(After other matters.) It is Our will that no person shall
be heard who appeals before a definitive decision, if the
suit was commenced in a competent court and provided, of
course, that the regulations and principles of the ancient
law are unimpaired in cases in which an exception" is
interposed or an opportunity for proceeding is demanded
or delay on account of documents or witnesses is asked,
and such requests are denied by the impatience or the injustice of the judges. I. Similarly, no appeal shall be admitted from an execution, provided that the measure of
the decision is not exceeded by the fault of the enforcement
officer. 2. So in fiscal cases or in cases of manifest debts,"
in cases of crimes that are confessed, and also in interlocutory decisions, 6 every perverted claim of a defendant
shall be taken away. Finally no appeals shall be heard if
they are disapproved by law.
Milan in the year of the consulship of Valentinian and Valens Augustuses.-December 20, 365; 364.
19.4 Emperors Valentinian, Valens, and Gratian Augustuses to Olybrius, Prefect of the City.
We sanction that every person must entirely abstain
from taking an appeal whenever satisfaction of a fiscal
account is demanded or the customary payment of tribute
is required or payment of a public or private debt is demanded, provided such debt is evident and proved, so that
judicial severity is necessarily aroused against the contumacious debtor.
Posted at Rome on the fifteenth day before the kalends of September in the year of the consulship of Valentinian Augustus and
the second consulship of Valens Augustus.-August 18, 368; 370.
38litem suam facere, to make the cause his own, the technical term
for such judicial malfeasance. The guilty judge was heavily penalized and compelled to pay for any damages that might be caused.
11-36-23
20.49The same Augustuses to Claudius, Prefect of the
City. 46
Since Chronopius, Ex-Bishop," was the same in your
court as he had been previously in that of the seventy bishops, 48 and since he suspended by an appeal a decision from
which he had no right to appeal, he shall be compelled to
49
pay a fine in silver in an amount which a general sanction
imposes for such act. Moreover, it is Our will that this
fine shall not go to Our fisc, but shall be faithfully expended on indigent persons. That shall be the rule in this
case and in all other ecclesiastical cases.
Given on the eighth day before the idesof July in the year of the
consulship of Emperor Designate Valentinian and of the Most
Noble Victor.-July 8, 369.
INTERPRETATION: Bishop"o Chronopius was condemned
by many bishops, 48 and before the trial he sought by appeal
to suspend the decision that was rendered, from which decision, because it was justly rendered, he should not have
appealed. The law states that by reason thereof a heavy
fine, namely, fifty pounds of silver, was imposed upon him,
but the sum of this fine was ordered to be expended on the
poor, and not to be for the benefit of the fisc.
21.11 The same Augustuses to Eupraxius, Prefect of the
City.
(After other matters.) We command tax investigators
to observe that manifest debtors 52 shall not be relieved by
the aid of an appeal. (Etc.)
of Equitius.-February 14, 374.
INTERPRETATION: All those persons who investigate such
52
cases must especially observe that manifest debtors shall
not use the aid of appeal, and they cannot suspend payment
of an evident debt 23 by any delay of an appeal.
The same Augustuses to Claudius, Prefect of the City.

The right of appeal shall cease in connection with the
interdict "Of Whatsoever Goods,". 3 lest what has been devised for the benefit of speed should be subjected to the
disadvantages of slowness.
22.
Given on the twelfth day before the kalends of June at Trier in

the year of the third consulship of Gratian Augustus and the consulship of Equitius.-May 21, 374.

to Thalassius, Proconsul of Africa.
Except in the case of peremptory prescriptions 5 4 if any
person should attempt to appeal from a special point,5 he
shall not be heard, but the appeal shall be disregarded and
the judge shall investigate everything and proceed to the
end. The parties shall have the right of appeal reserved
after the end of the trial, if the definitive decision should be
displeasing. But the judge shall have no power to impose a
penalty. For it appears to be a sufficient penalty that the
person appealing from a special point' is not heard. (Etc.)
45
Brev. II, I, 3; CJ 1, 4, 2; 7, 65, 4.

46 Should be: Proconsul of Africa.
4 ex-antistite.
4 episcopi.
II, 36, 15-16.
50
Episcopus.
40 patrinonium, private property; hence, civil suits.
52
41
-3
debitores, debtors, delinquent

Quorum Bonorum, the opening words of the interdict,
3 CJ 7, 65, 3.
Criminal suits could not be prosecuted through a procurator.
429,
4
4
16, 8; II, 30, 35.
51 Brev. II, II, 4.

taxpayers, n. 23.
2, 31,
n. I.
exceptio, a defense that barred further action, a demurrer.

CJ 7, 65, 4.
54 Prescriptions
that destroyed the claims and barred further
action in a suit, exceptions, demurrers.
L 337 1
11-36-23
Given on the third day before the kalends of February at Trier.January 3o. Received on the sixth day before the kalends of May in
consulship of Valentinian Augustus.-April 26, 378.
24. The same Augustuses to Thalassius, Proconsul of

Africa.
(After other matters.) If any person, after an appeal
concerning a peremptory prescription54 is accepted and an
answer has been rendered by Us, should oppose another
peremptory prescription, it shall not be admitted, and if
he should wish to appeal because such prescription was not
admitted, he shall be repelled. Of course, it is Our will that,
according to the regulation of the law, peremptory prescriptions which he should have used before shall be preserved for him, to be used as a defense. It is Our will that
this general rule shall be observed by those trial judges
upon whom the necessity is imposed, when an appeal is
interposed, to report to Our Clemency.5 5 In all other courts,
however, the general rule that was previously fixed shall
be observed. (Etc.)
Given on the third day before the kalends of February in the
year of the sixth consulship of Valens Augustus and the second
consulship of Valentinian Augustus.-January 30, 378.
25.56 The same Augustuses to Thalassius, Proconsul of
Africa.
(After other matters.) Sufficient provision has been
made by the law and by imperial constitutions that it shall
not be possible to appeal from an execution, and that an
appellant shall be restrained by the fine that was established
also by Our sanctions,57 unless perchance the enforcement
officer should exceed the bounds of the decision. If an
appeal should be taken from him and the execution should
be suspended, We think that We should decree that, if it
is movable property for the delivery of which the services
of the enforcement officer were granted, the appeal shall be
received, and such property must be taken from the possessor thereof, put into the custody of a responsible person,
and finally delivered to the party in whose favor the sacred
imperial judge" may decide. If the execution was granted
against a landholding or a farm and should be suspended
by appeal, all the fruits which are seized5 at the time when
the appeal is interposed and all subsequent fruits shall be
sequestered, 6 0 but the right to the land shall be left in the
possession of the appellant. Appellants must know that if
they appeal from an execution or from a special point,' in
such cases only in which We have ordered an appeal to be
accepted, and it should appear that they have wrongfully
suspended the order of the judge, they shall be punished
by a fine of fifty pounds of silver.
Given on the third day before the kalends of February at Trier
in the year of the sixth consulship of Valens Augustus and the second consulship of Valentinian Augustus.-January 30, 378.
26.61 Emperors Gratian, Valentinian, and Theodosius Augustuses to Hypatius, Prefect of the City.
If any person should venture to appeal, to prevent the
opening of a will written as the testament of a deceased
55 necessity is imposed to report to Our Clemency the appeal that
is interposed, M.
57 II, 36: 2, 3, 15, 16.
56 CJ 7, 65, 5.
58 sacer cognitor, the Emperor or his representative, II, 29, n. I.
59 capti, seized, taken, gathered.
60 And put into the custody of a responsible person.
Given on the nones of April at Trier in the year of the consulship

of Auxonius and Olybrius.-April 5, 379.
INTERPRETATION: This law specifically orders that if
any person should wish to delay by appeal the opening of a
testament executed by anyone, on the ground that it ought
not to be unsealed, or should wish to hinder an appointed
heir from entering upon an inheritance, and the judge
should be willing to give his consent in connection therewith to the appellant, so that the written will would not
become effective, such judge and appellant shall be compelled to pay twenty pounds of gold to the fisc.
27. The same Augustuses to Hypatius, Augustal Prefect.

If any person in connection with a public contract should
be convicted by trial and investigation as a manifest debtor,52 as soon as the decision is pronounced, he shall be held
obligated to make repayment, and no delay or time shall be
given him for devising some fraud or for the use of any
cunning.
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-May 8, 383.
28. The same Augustuses to Eucharius,6 4 Proconsul of

Palestine.
We direct that persons made liable on account of contumacy for their disregard of regulations shall be excluded
from the benefit of an appeal, and they shall pay the penalty without any delay.
Given on the tenth day before the kalends of December at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-November 22, 383.
The same Augustuses to Pelagius, Count of the Privy

Purse.
It shall not be permitted to appeal from a tax investigator or a fiscal representative before the definite time of
the decision and the regular order of events. (Etc.)
29.65

consulship of Bauto.-February 15, 385.
Count of the
It has often been provided that evident debtors5 2 shall
in no manner be heard as appellants. Furthermore, no person shall be able to appeal from an execution, so that hereafter if he perchance should attempt it, just as a person
appealing from an interlocutory decision,6 he shall be
rightly held liable to the payment of a fine of fifty pounds
of silver. (Etc.)
30. The same Augustuses to Florentinus,"

and the consulship of Bauto.-November 25, 385.
62
CJ 6, 33.
63
Silver in CJ.
64 Eutrechius, Sievers, Libanius, p. 243.

65
61 Brev. II, II, 5; CJ 7, 65, 6.
[ 338
person or to prevent the parties who appear to have been

appointed as heirs in such will from obtaining the benefit of
the edict issued by the sainted Hadrian,6 2 and if the judge
who has cognizance of the matter should suppose that such
an interposed appeal should be accepted, the litigant who
took such an untimely appeal and the judge who stupidly
connived at his doing so shall each be subject to a fine of
twenty pounds of gold.6"
CJ 7, 65, 7.
66
10, 3, n. 6.
Trustworthiness of Witnesses and Instruments

31. Emperors Theodosius, Arcadius, and Honorius Augustuses to Hypatius, Augustal Prefect.
If an office staff should report that convicted persons are
appealing or that those who have confessed are appealing,6" the said office staff shall pay thirty pounds of gold to
the fisc: nor shall it be suggested that any person of the
bishops or clergy or anyone of the people are intervening
or have intervened. 68 For it is not right to snatch from due
severity those persons who by the disorder of their acts
and by rebellious contumacy confound and disturb the public peace. The judge himself must also not be unaware that
unless he performs his duty after decision has been rendered, he shall be punished by the same penalty as the
office staff.
consulship of Rufinus.-April 9, 392.
32."' Emperors Arcadius and Honorius Augustuses to
Apollodorus, Count of the Privy Purse.

The welfare of the public necessities and of Our private
treasury demands that the emoluments due to Our imperial household must not be delayed by the clever tricks
of debtors.5 2 Hence, the appeals of those persons who are
clearly and manifestly convicted shall be rejected, and We
decree that pursuant to the authority of this regulation,
the following rule shall be observed, namely, that the benefit of an appeal shall be denied to a person who appears to
be a public debtor. 2
Given on the fourth day before the ides of August at Milan in
the year of the fourth consulship of Arcadius Augustus and the third
consulship of Honorius Augustus.-August 10, 396.
11-39-1
thereof is tried, the decision as protemporary
nounced shall obtain its effect even though an appeal
should be interposed, and thus, finally, the case shall be
referred to Our knowledge. Restoration of possession,
however, must be made in such a way that the case in regard to ownership shall be preserved entirely unimpaired.
grant2

Milan in the year of the consulship of Emperor Designate Honorius
and of Evodius.-November 18, 386.
INTERPRETATION: If an appeal should be taken from a
grant of temporary possession,2 the hearing of the case on
such possession4 shall not prejudice the case on ownership,
although some judgment may appear to have been rendered in regard to temporary possession, 2 and such judgment shall undoubtedly be executed and cannot be suspended by appeal. However, the law commands that after
the restoration of temporary possession,2 the unimpaired
case on ownership shall be heard.
TITLE 38: POSSESSION SHALL BE TRANSFERRED FROM THOSE PERSONS WHO

HAVE TWICE APPEALED' (DE POSSESSIONE AB EO QUI BIS PROVOCAVERIT
TRANSFERENDA)
1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Proculus, Prefect of the City.
If any person who is defeated in a second trial should
not suppose that he should abandon his obstinate pertinacity but should believe that he should appeal again, possession shall be immediately transferred from him to the
claimant.
33. Emperors Arcadius, Honorius, and Theodosius Augustuses to Nestorius, Count and Duke.
We have learned that some accused7 0 persons in the
province of Tripoli lawlessly fly to the aid of appeal,71 in
order that by their appeal7 2 they may escape punishment.
We therefore decree that the former regulations that were
decreed concerning the distinctions to be made in granting
a hearing shall remain in force, and sentence shall be pronounced against persons convicted as well as against persons who have confessed. Moreover, this condition shall be
observed, namely, that no person shall have the right to
appeal before the examination of the pending case has
reached the stage of a formal trial.7 3
trials of the same case and if he still should wish to maintain his obstinacy in litigation and should suppose that he
should again appeal, possession shall immediately be transferred to his adversary.
Given on the seventh day before the ides of December at Ravenna in the year of the sixth consulship of Arcadius Augustus and
the consulship of the Most Noble Probus.-December 7, 406.
I.
TITLE 37: IF AN APPEAL SHOULD BE MADE

FROM A GRANT OF TEMPORARY POSSESSION' (SI DE MOMENTO 2 FUERIT APPELLATUM)
I.' Emperors Valentinian, Theodosius, and Arcadius Augustuses to Eusignius, Praetorian Prefect.
When a case involving the right of possession and the
6 appellare, delete as redundant, M.
6 CJ 7, 65, 8.
""9, 40, 16, n. 25.
70 rei, accused, convicted, criminal.
71
appellatio.
73
judicium, court, trial, judgment.
72 provocatio.
Given on the sixteenth day before the kalends of July at Aquileia

in the year of the consulship of Tatianus and Symmachus.-June
i6, 391.
INTERPRETATION:
If any man should be defeated in two
TITLE 39: THE TRUSTWORTHINESS OF

WITNESSES AND OF INSTRUMENTS' (DE
FIDE TESTIUM ET INSTRUMENTORUM)
Emperor Constantine Augustus to Aurelius Helladius.2
Although the rules of the ancient law and the rescripts
of former Emperors have assigned to the plaintiff the
necessity of proof in a trial of his claim to property which
he seeks, nevertheless, We are so moved by Our sense of
equity and justice that We command that whenever such
a case should arise at the beginning of the trial, according
to the rule of law, the claimant must prove whence the
object in dispute belongs to him. If his case should be
lacking in proofs, then finally the necessity shall be placed
upon the defendant' to prove what is the source of his
possession and by what right he holds, so that thus the
truth may be investigated.
4
momentaria causa, the same as momentum, n. 2.
1 Brev. II, 13.
1 Brev.
CJ 7, 69.
2 momentum, temporary, interim, immediate grant of possession.
Brev. 11, 13, 1.
II, I2;
8 Brev. II, 12, I; CJ 7, 69, I.
' Brev. II, 14;

2
CJ
4, 20-21.
C339 1
3possessor.
11*39-1
Given at Nish on the fifteenth day before the kalends of October

in the year of the consulship of Paulinus and Julianus.-September
17, 325.
The same Augustus and the Caesar to Severus, Count

of Spain.
Written instruments at variance with each other and
mutually derogating their own trustworthiness, when produced in court by either party to the suit, shall have no
force.
2.4
Given on the fourth day before the nones of May at Constantinople in the year of the consulship of Dalmatius and Zenophilus.May 4, 333.
INTERPRETATION: If any person should desire to fortify
his contract by a multiplicity of written instruments and
should produce in court a deed of sale and of gift of the
same property, or any other such documents, all such documenfs shall be rescinded, because this law forbids mutually contradictory documents to be admitted.
3.' The same Augustus to Julianus, Governor."

We have previously commanded 7 that before they give
their testimony, witnesses shall be bound by the sanctity of
an oath, and that greater trust shall be placed in witnesses
of more honorable status.
I. In a similar manner, We sanctioned that no judge
should easily allow the testimony of only one person to be
admitted in any case whatever.' We now manifestly sanction that the testimony of only one witness shall not be
heard at all, even though such witness should be resplendent with the honor of the glorious Senate.'
Given on the eighth day before the kalends of September at Nish
in the year of the consulship of Optatus and Paulinus.-August 25,
334.
Before witnesses are questioned on a

case, they must be bound by an oath and they shall swear
that they will speak no falsehood. The Emperor also says
that greater trust shall be placed in witnesses of more honorable status rather than in those of lower degree. Moreover, the testimony of only one person must not be heard,
even though he appears to be a distinguished and responsible person.
INTERPRETATION:

Aurelius Mimenius.
If any written instrument should be produced in court
and should be claimed to be suspect by that person against
whom it appears to operate, not only shall the person who
doubts it be forced to show that it is falsely written, but
also the person who uses it shall be forced to prove that it
is founded on truth.
Given on the sixth day before the kalends of September at Constantinople in the year of the fourth consulship of Constantius Augustus and the third consulship of Constans Augustus.-August 27,
346.
5. (Part of the proceedings that were held before Emperor

Julian Augustus.)
In the year of the consulship of Mamertinus and Nevitta, on the tenth day before the kalends of April at Constantinople in the Imperial Consistory, at which were
4
Brev. II, 14, I; CJ 4, 21, 14.
6 Praeses.
8 Sirm. i,
5 Brev. II, 14, 2; CJ 4, 20, 9.

7 In a lost constitution.
probably spurious, contradicts this law.

9 praeclara Curia, possibly the Roman Senate, but more probably
a municipal council.
standingo the Most Noble Jovius, Quaestor, Anatolius,

Master of Offices, and Felix, Count of the Sacred Imperial
Largesses. (Etc.)
Emperor Julian Augustus spoke: "Written instruments
have great force whenever it is not necessary that a disputed point with reference to such written instruments
shall be supported by others."
March 23, 362.
6. Emperors Valentinian and Valens" Augustuses to

Whenever a case is being tried on written evidence, a
written instrument must be either refuted or proved reliable. Moreover, what document can be refuted unless it
is proved to be false? Furthermore, by whom else should it
be proved false than by those persons who claim that it
cannot be trusted ?12
Given on the day before the ides of March at Trier in the year
of the consulship of Emperor Designate Valentinian and of Victor.
-March 14, 369.
7.1' Emperors Valens, Gratian, and Valentinian Augustuses to Antonius, Praetorian Prefect.
(After other matters.) We command that henceforth if
any man should falsely devise nefarious writings, when
he has produced14 anything of the kind in court, unless he
should prove the documents to be true, he shall be held as
guilty of executing a suspected writing and of forgery.
Given on the day before the ides of January at Trier in the year
of the sixth consulship of Valens Augustus and the second consulship of Valentinian Augustus.-anuary 12, 378.
INTERPRETATION: If any person should produce a writ-
ten document at a hearing in court, he shall be ordered to

prove its truthfulness, because it has been established in
all cases that the producer of a written document must
prove its trustworthiness. For if the producer of a written
document should not prove its truthfulness, he shall be
held as guilty of forgery.
8.1' (Part of the proceedings that were held in the Imperial
Consistory before the Emperors Gratian, Valentinian, and
Theodosius.)
In the year of the consulship of Syagrius and Eucherius on the
third day before the kalends of July at Constantinople.
In the Imperial Consistory the Emperor Theodosius Augustus spoke: "A bishop is not required either by honor
or by law to give testimony."
The same speaker said: "It is not fitting for a bishop to
be admitted to give testimony, for his person is dishonored
thereby and the privileged dignity of the priesthood is confounded."
June 29, 381.
9.16 Emperors Gratian, Valentinian, and Theodosius Augustuses to Florentius, Augustal Prefect.
If anything should be spoken by an accuser alone against
an absent person, the accusation must not immediately be
10 Only the Emperor sat at the meetings of the imperial consistory; the others stood. Hence the name consistory (consistere,
stand). This constitution is in Greek, as befitted Julian the scholar
and philhellene.
Ix and Gratian.
12 II, 39, 4.
13
Brev. II, 14, 3; CJ 4, 19, 24.
Most of the textual evidence favors Promittere, to promise,

but most editors read promere, to produce.
15 CJ 1, 3, 7.
16 Brev. II, 14, 4.
14
[ 340 ]
11-39,13
considered true, as though spoken against a person present

and convicted.
Aeternalis, Proconsul of Asia.
Given on the thirteenth day before the kalends of January in the

year of the consulship of Richomer and Clearchus.-December 20,
384.
What great madness it would be for a defendants to be

compelled by the plaintiff to set forth the title of his possession, so that by preposterous reasoning the plaintiff
INTERPRETATION: Whenever any accuser whatever alleges anything with reference to an absent adversary, he
shall not be believed before an investigation of both parties.
10.1 7
The same Augustuses to Paulinus, Augustal Prefect.

Priests' 8 shall speak their testimony without the outrage
of torture, but under the condition that they shall not make
false pretenses. All other clerics of a lower grade and
order, if summoned for giving testimony, shall be heard
just as the laws prescribe. But if perchance the priests"s
should suppress the truth, since they are directed to give
their testimony under the title of a higher position without
the infliction of any corporal outrage, and for that reason
have nothing to fear, litigants shall have preserved the
right of action for falsehood. For if those persons upon
whom We have bestowed much through Our commands
should be found involved in a secret crime, all the more
are they worthy of punishment.
of the first consulship of Arcadius Augustus and the consulship of
Bauto.-July 25, 385(f);'9 386.
INTERPRETATION: Priests1 8 shall be able to give their
testimony without the outrage of torture, that is, without

corporal punishment. But all other clerics of a lower order,
if employed for giving testimony, shall be heard just as
the laws command, provided that an action for falsehood
shall be reserved against priests if in any manner they
should be proved to have lied, because those persons are
more worthy of punishment, to whom the law grants reverence, if they should be unmindful of their profession and
detected in the crime of lying.
11.20 Emperors Valentinian,
Theodosius, and Arcadius
Augustuses, to Flavianus, Praetorian Prefect.

If any persons should betray the holy faith and should
profane holy baptism, they shall be segregated from the
community of all men and shall be disqualified from giving
testimony. (Etc.)
Given on the fifth day before the ides of May at Concordia in the
year of the consulship of Tatianus and Symmachus.-May zi
(June 9), 391.
12.21
shall demand to have his own action formulated by the defendant, although all the proof must be demanded from
the person who seeks to vindicate property to his ownership and not from the person who contends that he lawfully holds possession. For the necessity of proof must be
placed upon the person bringing the suit and not upon the
defendant, except in the case of the person who is compelled to state whether he holds property as an ordinary
23
possessor22 or as an heir.
Given on the twelfth day before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-March 21, 396;24
402.
INTERPRETATION:
This law commands that proof shall

be required not of the defendants but of the party making
the claim, because it says that all the proof must be required of the person who desires to sue for and obtain
property, but not of the person who claims that he lawfully
holds possession, with the exception only of that case where
it is necessary to ask a possessor whether he began to hold
in his own person or by right of succession.
(After other matters.) When freeborn persons are demanded as witnesses in the suits of others, if it is not
claimed that they are associates and participants in crime,
but the truthworthiness of their knowledge is required, in
the production of such necessary persons, that is, of witnesses, the judge must make the following provision,
namely, that he shall direct that to those persons who are
about to come to court adequate expenses shall be paid by

the accuser or by those persons by whom they were summoned. (Etc.)
INTERPRETATION: If any person should require witnesses, provided they are competent and are not participants in the case or crime, he shall take thought as to how
he must produce them at his own expense where the case
is to be tried.
Brev. II, 14, 5; CJ I, 3, 8.

18 presbyteri.
17
19 This date is doubtful on account of the known dates of the

prefectures.
20
16, 7, 4.
6; CJ 3, 31, II; Edict Theod. 132.

pro possessore.
23 pro herede.
24 The date is doubtful; 4, 4, 3, Seeck,
Regesten 27, 25, 7.
25 Brev. II, 14, 7; CJ 4, 20, II.
21Brev. II, 14,
22
E 341 ]
+(,121/,1(

Wed Aug 5 11:46:47 2015
BOOK XII
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TITLE 1: DECURIONS' (DE DECURIONIBUS)

Emperor Constantine Augustus to Evagrius.3
No judge4 shall attempt to grant exemption 5 from compulsory municipal services to any decurion, nor shall he
free anyone from the municipal council by his own judgment. For if any man 6 should be impoverished by a misfortune of such kind that he needs to be assisted, his name
must be referred to Our Wisdom, so that an exemption5
from compulsory municipal services may be granted to him
for a limited space of time.
1.2
7
Posted on the ides of March in the year of the third consulship
of ConstantineAugustus and of Licinius.-March 15, 313; 315; 326.

INTERPRETATION: No judge4 shall grant an undue ex-
emption to a decurion, nor shall he desire to free him from

his duties. For if the property of any decurion is so impoverished and exhausted that the compulsion to bear the
burden of public service should not be entrusted to him,
the law commands that the case shall be referred to the
attention of the Emperor.
The same Augustus to Crispinus.9
Since you are in doubt as to whether the periods of two
months should be computed according to the number of
days or from the date of the kalends,' 0 the general rule of
public law must be observed which manifestly declares
what it has commanded to be comprehended by the different methods of computing dates.
2.8
Given on the kalends of October in the year of the fourth consulship of ConstantineAugustus and of Licinius.-October I, 315; 353.
The same Augustus to Mecilius Hilarianus,
3.11-
12
Gov-
ernor"s of Lucania and Bruttium.

It is Our will that all decurions shall refrain from administering the duties of notaries. No man, moreover, if
he should be called to the decurionate, shall be able to excuse himself from this duty because he has been a notary,
since even men of this class, if they are financially responsible, must be called to the decurionate. For the law"4
which wished decurions to be removed from the duties of
notaries does not prohibit notaries from being called to the
decurionate.
of the consulship of Sabinus and Rufinus.-January 30, 316.
1; CJ
1 Brev.
12,
2 Brev.
12, I, I;
10, 32. For the hereditary, regimented position
of the decurions, see the Glossary, s. vv. decurions, honors, municipalities, nominations.
CJ
10, 32, 14.
8 Perhaps Praetorian Prefect.

4
judex, any high administrative official but primarily a judge
ordinary, the governor of a province.
5 vacatio, usually a temporary exemption.
6 Deourion.
7The fourth (315), since two constitutions were issued to Evagrius as Praetorian Prefect in 315.
8 H,
30, Io; II,
30, 19.
9His official position is unknown.

10 Whether the computation should be by days or by months.
"' CJ
129, 19, I.
10, 32, 15.
13 Corrector,the judge ordinary of the province, n. 4.

14
Apparently lost.
342
4. The same Augustus to Octavianus, Count of Spain.

Persons who have presumed to appropriate the insignia
of an undue honor shall stand, when the chief decurions"
of the municipalities and the decurions are gathered together in council, and those persons shall remain seated to
whom every honor is legally and rightfully due because
they have actually served in office. Therefore, Your Sublimity shall provide that no person at all shall enjoy the
prerogative of the governorshipl 6 except a person who has
passed through each step of rank in his municipality and
has attained the foremost rank in due order.1 7 Thus persons also who have obtained"8 the governorship' 6 before
the proper time shall obtain these distinguished marks of
honor that shall be granted them, after they have fulfilled
the honorable duties of their own municipalities.
Posted on the fourteenth day before the kalends of February in
the year of the consulship of Gallicanus and Bassus.-January 19,
317.
5. The same Augustus'" to the Bithynians.

Persons who have performed imperial service in the
palace and those to whom provinces have been entrusted
and those who have deservedly obtained the rank of Most
Perfect or of Egregious by merit of service in the Most
August administrative offices, and also those persons who
have been established as decurions or chief decurions 20 and
have performed all the compulsory public services of their
municipality shall enjoy the dignity that is granted them.
But if a decurion should obtain the rank of Most Perfect,
of ducenarius, of centenarius, or of Egregious by use of
venal patronage, because he desires to evade the duties of
his own municipal council, he shall surrender the imperial
letters patent" and shall be returned to his own status.
Thus after he has undergone an investigation of all his
honors and compulsory municipal services, he may obtain
some prerogative according to municipal law.2 2 Also, the
rank of Most Perfect, if impetrated by patronage, does
not defend a man who is called to the duties of the municipal council on account of birth status, legal residence, or
status as a landholder. Rank so obtained shall be surrendered and he shall be delivered to his municipal council.
Given on the twelfth day before the kalends of August in the year
of the consulship of Gallicanus and Bassus.-July 21, 317.
6.23 The same Augustus to Patroclus.9
Although it appears unworthy for men, even though not

endowed with any high rank, to descend to sordid mar15 primates.
16 praesidatus; the presidency of the council.

17 The rank of chief decurion, Seeck,
12, I, 75.
18 Impetrated.
19 Licinius, if the date is correct; 8, 4, 3, n. II.
20 principales.
21 codicilli. Cf. 2, 29, n. I; II, 24; Min.
Sen., n. 25.
22 lex municipalis; local laws governing the Bithynian munici-
palities.
23
CJ 5, 5, 3. Cf.
II, 24;
7, 14, I, n. 3.
12-1-12
Decurions
riages24 with slave women,2 nevertheless this practice is
not prohibited by law; but a legal marriage 26 cannot exist
with servile persons, and from a slave union 27 of this kind,
slaves are born. We command, therefore, that decurions
shall not be led by their lust to take refuge in the bosom of
the most powerful houses. For if a decurion should be
secretly united with any slave woman belonging to another
man and if the overseers and procurators should not be
aware of this, We order that the woman shall be cast into
the mines through sentence of the judge, and the decurion
himself shall be deported to an island; his movable property and his urban slaves shall be confiscated; his landed
estates and rustic slaves shall be delivered to the municipality of which he had been a decurion, if he had been
freed from paternal power and has no children or parents,
or even close kinsmen, who may be called to his inheritance,
according to the order of the law. But if the overseers or
procurators of the place in which the disgraceful act was
committed were aware of it and were unwilling to divulge
this crime of which they were aware, they shall be cast
into the mines. But if the master permitted such offense to
be committed or afterwards learned of the deed and concealed it, and if indeed, it was perpetrated on his farm, the
farm with the slaves and flocks and all other things which
are used in rural cultivation shall be vindicated to the resources of the fisc. But if this act took place in a municipality, We decree that half of all the goods28 shall be confiscated, thus increasing the penalty, since the crime was
committed within domestic walls and the owner was unwilling to make this known immediately on learning of it.
Theref ore, 29 if, on the day of the issuance of this law, any
man should be found to have alienated his patrimony and
to have consigned it to the master of a slave woman, the
municipal senate shall be permitted to make a diligent investigation, so that if any of the resources of the municipal
government, consisting of property under the control of
the aforesaid person, has been diminished, such loss shall
be made good in money.
8.32 The same Augustus to Florentius."

Decurions must be nominated to the magistracy" or to
the office of collector of the taxes in kind three months or
more beforehand, so that if their complaints should appear
to be just, another person may be substituted without delay in place of the one who is absolved.
Given on the kalends of July at Aquileia in the year of the fifth

Caesar.-July 1, 319; 318.
Since some men desert the municipal councils and flee

for refuge to the protection of the imperial service, We
command that all persons who are not yet found to be obligated to the office of commissary officers shall be discharged from the imperial service and shall be returned to
the aforesaid municipal councils. Only those persons shall
remain in the imperial service, who, in accordance with
their position and rank, are already held obligated to the
issue of supplies.
30
7. The same Augustus on the Edict.
We decree that the sons of decurions who have grown to
the age of eighteen years shall be attached throughout the
province of Carthage to compulsory municipal services.
For We must not wait for them to be released from their
family and freed from the sacred bonds of the paternal
power, since the wishes of their fathers must not prejudice
the interests of the municipalities.
Posted on the tenth day before the kalends of March in the year
of the sixth consulship of Constantine Augustus and the consulship
of Constantiussi Caesar.-February21, 320; 329.
24 conubia: a loose use of the word, since such unions were
usually called contubernia, to distinguish them from legally recog-
nized marriages.
25 Delete: with slave women, M. The law seems to be directed
primarily against marriages with colonae, who were considered as
servile.
26 conubium.
28 Of the owner of the house.
27 contubernium.
29 But, M.
The same Augustus: an edict, M., iI, 16, 3.

a1 Should be Constantine.
so
Given on the ides of April at Constantinople35 in the year of the

consulship of Severus and Rufinus.-April 13, 323.
The same Augustus to Hilarianus, Proconsul of

Africa.
If any decurion should be forced to approach Our court
either on behalf of his own interests or those of his municipality, he shall not leave his own municipality before
he has made his wish known to the judge4 and has obtained permission to depart. If anyone through his own
audacity should hold this command in contempt, he shall
obtain deportation as his lot.
9.36
Posted on the seventh day before the ides of July at Carthage in

the year of the third consulship of Crispus and Constantine.-July
9, 324.
io. The same Augustus to Maximus.?

Since We have granted to different persons the privilege of being assigned to the legions or cohorts or of being
restored to the imperial service, if any person should produce in court such a special grant of imperial favor, inquiry shall be made as to whether he is of a family of decurions or whether he has been previously nominated to
the municipal council, and if any such thing should be
proved, he shall be returned to his own municipal council
and municipality. This general rule must be observed with
reference to all men who have been previously approved
and are holding office in the imperial service, or who have
been restored and are protected by the oath of imperial
service, or who shall be approved hereafter through the
use of patronage. 2 1
Posted on the fifth day before the ides of July at Antioch in the
year of the consulship of Paullinus and Julianus.-July iz (June
17), 325.
ii. The same Augustus to Constantius, Praetorian Prefect.
Given on the nones of October in the year of the consulship of

Paullinus and Julianus.-October7, 325.
The same Augustus to Maximus, Vicar of the Orient.

If any person should derive his birth status from a
greater or lesser municipality, and if because of his desire
to avoid the duties of the aforesaid birth status he should
betake himself to another municipality for the purpose of
establishing residence there, and if he should attempt to
12.3"
II,
30, 12;
CJ I,
II,
83 Florentinus;
56, 1.
30, 12. His official position is unknown.
3 Of a municipality.
85 Delete
Constantinople here and in II, 30,
12,
if the date given
is correct.
6 CJ 10, 32, 16.
88 Brev.
12. I, 2;
37 Vicar of the Orient.

CJ 10, 39, 5.
E 343 1
Reproduction by Permission of Buffalo,& Erie County Public Library Buffalo, NY
Decurions
12*1*12
offer a supplication to the Emperor about this matter or to

depend upon any fraud whatsoever to escape the birth
status of his own municipality, he shall sustain the burdens
of the decurionate of both municipalities, in the one because of his personal desire, in the other because of his
birth status.
Posted on the eighth day before the kalends of January in the
year of the consulship of Paullinus and Julianus.-December25, 325.
If any decurion should wish to migrate to another municipality from that municipality in
which he was born, he cannot escape in any way the status
of being subject to the municipal council, and if he should
attempt to obtain this privilege by a supplication placed before the Emperor, he shall not be able, by any argument,
to evade the obligations or the services of his own municipality because he wished to change his place of residence.
For if any person should do this and should transfer himself into another municipality, he is ordered to perform
services in both municipalities, that is, in one because of
his birth status and in the other because of his desire to
dwell there.
INTERPRETATION:
I3.3 The same Augustus to Evagrius, Praetorian Prefect.

Since We have learned that the municipal councils are
being left desolate by those persons who are obligated to
them through birth status and who are requesting imperial
service for themselves through supplications to the Emperor and are running away to the legions and various governmental offices, We order all municipal councils to be admonished that if they should apprehend any persons with
less than twenty terms of service in governmental offices,
either in evading the duties that devolve upon their birth
status or in insinuating themselves into the imperial service
and holding in contempt the nomination to a municipal
office, they shall drag such persons back to the municipal
councils. They shall know that henceforth the regulation
shall be observed that if any person should desert his municipal council and enter the imperial service, he shall be
recalled to the municipal council, not only if he has been
born to that status, but also if he should possess an adequate amount of property to perform his compulsory municipal public services and should take refuge in the imperial service, or if he has been freed by our special grant of
imperial favor from such duties.
Given on the sixteenth day before the kalends of June in the year
of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-May 17, 326.

By a law"o that was formerly promulgated Our Clemency has sanctioned that if the sons of counts, governors, 4 1
fiscal representatives, or masters of the privy purse should
be descended from decurion ancestry, they should be bound
to the municipal senates. We now command that if any
persons have performed compulsory public services and
have been found suitable by the judgment of Our Clemency to attain high honors, in accordance with Our command they shall attain such honorable promotions. But
those persons whom the authority of the Emperor does
not recognize, We entrust to the judgment of the prefect, 4 2
so that if they appear to be decurions by birth and to be
entirely unsuitable in the judgment of the Emperor, they

shall be restored to their own municipal senates; but if
they have been promoted by Our judgment, the prefects
shall provide that they shall be undisturbed, provided, however, that their heirs shall be assigned to the municipal
councils.
If any decurion, of course, should embezzle the fiscal
resources, should flee his municipal council, and should
arrive at the renowned Senate of the City43 by corrupt
solicitation," he shall by no means be admitted.
Given on the eighth day before the kalends of December in the
year of the seventh consulship of Constantine Augustus and the
consulship of Constantius Caesar.-November 24, 326; 353.45
15. The same Augustus to Count Annius Tiberianus.
You shall inform all governors4 6 of the provinces that

Our Clemency has decreed that sons of veterans shall be
bound to the compulsory services of decurions. Thus even
those who flatter themselves with the rank of Most Perfect
shall be forced into the municipal council and shall perform the necessary public services.
Posted on the eleventh day before the kalends of May at Carthage
in the year of the consulship of Constantius and Maximus.-September 21, 329; 319.

If persons who are nominated to a magistracy3 4 should
flee, they shall be sought out; and if with an obstinate
spirit they should be able to hide, their goods shall be
granted to those persons who at the present time are called in
their places to the compulsory public services of the duumvirate, with the provision that if the fugitives should afterwards be found, they shall be forced to assume for two
entire years the burdens of the duumvirate. All persons
who attempt to avoid the duties of compulsory public
services shall be held subject to the same condition.
Given on the third day before the kalends of October at Sofia
(Serdica) in the year of the eighth consulship of Constantine Augustus and the fourth consulship of Constantius.-September 29,
329; 319.
9
17.48 The same Augustus to Lucretius Paternus.
The rescripts shall be voided through which exemption 5
from compulsory municipal services has been granted to
some persons, and all men shall be assigned to compulsory
municipal duties, so that an exemption" granted to anyone
by the consent of his fellow citizens or of the municipal
council shall not be valid, but all men shall be summoned
to participation in such compulsory public services.
Given on the eighth day before the kalends of November at

Heraclea in the year of the eighth consulship of Constantine Augustus and the fourth consulship of Constantius.-October 25, 329.
I8. The same Augustus to the Most Noble Praetorian

Prefects.
(After other matters.) A decurion shall not aspire to
the Senate; yet those who have obtained the aforesaid
honor heretofore50 shall remain.
I. It is Our will, indeed, that the sons of military men,"
according to the former regulation,50 either shall pursue the
aforesaid service of their fathers, or, if they refuse to perform military service-" and have reached the age of thirtya
41 praesides.
Not extant.
9 CJ 10, 32, 17.
42 But the municipal councils shall recover those persons . . .
recognize, and We entrust, M.
40
'5
48
Rome.
4 2, 29,
6, 27, I, n. 2.
CJ 10, 32, 19.
50 7,
22,
I-2;
12,
rectores.
15.
I; II, 24.
4
I,
n.
CJ 10, 32, 18.
immunitas.
5 militares, militare.
E 344 1
12*1-25
DecurionS
five years, 52 they shall be assigned to the municipal councils.
year of the eighth consulship of Constantine Augustus and the
fourth consulship of Constantius.-November 25 (24), 329; 353;
326.45
The same Augustus to Evagrius.6'

Since some decurions of the various municipalities have
unrestrainedly summoned minors, to whom public guardianship is due, to participation in the municipal councils,
and since it is affirmed that they have nominated some
youths who are seven or eight years old, We decree that
no person at all shall be summoned into the municipal
council by nominations and be forced to undergo the
duties of compulsory services except those who have entered upon the eighteenth year of their age. It is Our will
also that in the future such youths shall be prohibited from
such service and that those who are within the bounds of
this age and have already been nominated shall be removed and released from the bonds of the decurionate.
For when they have entered the eighteenth year of their
age, if they have not been able to enroll for imperial service according to the law that has been issued,55 or if they
have refrained from so doing, it shall be possible to assign
them to the compulsory duties of the municipality.'
19.53
Given on the day before the nones of August in the year of the
consulship of Bassus and Ablavius.-August 4, 331.
Persons younger than the age of

eighteen must not be nominated as decurions by any person
at all, and they must not be assigned to compulsory public
services, because the law holds it sufficient for them to be
assigned to compulsory public services, if need should
arise, after they have reached their eighteenth year, and if
there are any within this age who have already been nominated, they shall be released.
INTERPRETATION:
The same Augustus to Evagrius, Praetorian Prefect.

No decurion shall undertake procuratorships or curatorships of municipalities, unless either because of his age or
because of his performance of services, he has fulfilled in
every detail the compulsory duties of his municipality. But
if anyone should arrive at such office through patronage in
his eagerness to hold an administrative office, not only shall
he be barred from the office sought, but also his imperial
letters and letters patent 21 shall be straightway taken from
him, and he shall be dispatched to the imperial court.
20.56
Given on the day before the ides57 of August in the year of the
consulship of Bassus and Ablavius.-August 12 (4), 331.
INTERPRETATION: The foregoing law orders that no
decurion, unless he has performed in order all official
duties of the municipal council, shall undertake the office
of curator or of defender, unless, as We have said, he has
first performed satisfactorily all the compulsory public
services which he owes to the senate of his municipality.
For if the aforesaid decurion in violation of this regulation by means of any patronage or under some pretext of
rank should wish to protect himself from service, he shall
forfeit that which he has obtained, and he shall be dispatched to the place where the Masters of the State5 8 are.
52
G. conjectures: twenty-five yea
54
53 Brev. 12, I, 3.
55
56
12, I, 15; 12, I, 18; 7, 22, 1-2.

Brev. 12, I, 4.
The nones, 7, 22, 3; 12, I, 19.
57
58 Domini Rerum, the Emperors.
Praetorian Prefect, 12, I, 20.
The same Augustus to Felix, Praetorian Prefect.

Whereas, the decurions of Africa have registered a complaint that certain persons in their own order, after holding the office of flamen and of civil priest or the various
insignia of the magistracy,"4 are forced to become provosts
of the public post stations, a duty which, in each municipal
council, men of a lower grade and rank customarily perform, We order that no man distinguished by the aforesaid honors shall be compelled to perform the said compulsory duty, so that injustice may not appear to be done
by Our decision.
21.
Given on the day before the nones of August at Viminacium in

the year of the consulship of Constantius and Albinus.-August 4,
335; 334.
The same Augustus to Evagrius, Praetorian Prefect.

Whenever decurions or the sons of decurions or their
descendants flee for refuge to various branches of the
imperial service, We order that they shall be removed from
the imperial service, in whatsoever office staff they are
serving, and they shall be restored to their municipal councils, except those persons who are already employed in the
services of our palace.
22.

Constantinople in the year of the consulship of Nepotianus and
Facundus.-August 22, 336.
59
23. Emperor Constantius Augustus to Julianus.
Although the severity of the law holds obligated to participation in the assemblies of the decurions those men who
have been summoned by three edicts and have not been
willing to respond, yet it is Our pleasure to pursue the
more humane course and to warn them by an edict that
they shall present themselves within thirty days. But if
within this time they should neglect either to present themselves or to send a defender to the court to depose just
cause for their absence, the sentence passed on them shall
become valid without any delay.
Given on the fifth day before the ides of October at Antioch in

the year of the consulship of Ursus and Polemius.-OctoberII, 338.
24.60 The same Augustus to Aconius 6 0 Catullinus, Vicar
of Africa ...
If any person should evade the compulsory duties of a
municipal senate and should attempt to obtain titles of a
factitious dignity, even though he should be deceived of
his hope of this false honor, he shall be forced to pay thirty
pounds of silver.
Received at Carthage on the day before the ides of December in
the year of the consulship of Ursus and Polemius.-December 12
(November 27), 338.
25." The same Augustus.

Since there is no doubt that municipal councils have been
emptied of decurions who offer as defense titles that they
have bought, it is Our pleasure that all persons who have
obtained the insignia of rank through patronage shall
be deprived of the splendor of the undeserved honor and
shall perform the customary compulsory municipal services. It is Our will, however, that the honors shall remain
inviolate and undisturbed in the case of those persons who
have been chosen to the office of delegate" by the judgment
59 Official position unknown; probably Governor (Praeses) of a
province;
60 6,
II,
39, 3.
22, 2; Aco.
61 12, 12.
E 345 1
Decurions
12*1*25
of the provinces or who have relied upon the support of an

honorable testimonial and have thus obtained the privileges
and insignia of such rank.
Given on the fifth day before the kalends of November at Emesa
in the year of the consulship of Ursus and Polemius.-October 28,
338.

Catullinus,60 Vicar of Africa.
You shall compel all honorary ex-counts, of whatsoever
order, all honorary ex-governors, honorary ex-fiscal representatives, honorary ex-masters of studies, and finally
all honorary ex-Most Perfect," and their children to perform compulsory municipal duties, since indeed they should
have expended more suitably on the honors or magistracies
of their municipalities what they wasted in dishonoring
such honors.44
Given on the kalends of November in the year of the consulship
of Ursus and Polemius.-November 1, 338.
27. The same Augustuses to Our Dear Friend, Celsinus,6 3

Greetings.
You have complained that the senate of most glorious
Carthage remains small and that the decurions are quite
few in number, while all are purchasing the insignia of
undue rank by the disgracef ul ruin of their family f ortune."
Therefore, such men shall be stripped of their imaginary
honors, of whatever kind, that they have obtained, and
shall be made liable to compulsory municipal services. This
regulation, indeed, must be observed most carefully
throughout all Africa.
Given on the sixth day before the ides of January at Trier in the
year of the second consulship of Constantius Augustus and the
consulship of Constans Augustus.-January 8, 339.
28. The same Augustuses to Anatolius, Vicar of Asia.

It has been clearly defined by the imperial constitutions 64
that nominations shall be made on the kalends6 5 of March,
so that the beginnings of glorious honors and compulsory
public services shall be cared for at the beginning of the
season.' (Etc.)
Given on the sixth day before the kalends of December in the year
of the second consulship of Constantius Augustus and the consulship of Constans Augustus--November 26, 339; 352.
29.66 The same Augustuses to the Senate of the Munici-
pality of Constantina of the Cirtensians.67

Your Gravity shall provide that persons who desert the
magistracies 34 shall be forced to the compulsory duties of
their status, so that they shall be compelled to refund and
pay in cash immediately whatever expenses the municipality has incurred for them; and henceforth you shall carefully observe that no man who has deserted his municipal
council shall come into the Senatorial order before he has
performed all compulsory services by his municipal offices.
Nish in the year of the consulship of Acindynus and Proculuis.January 19, 340.
62 cunctos ex-comitibus, ex-praesidibus, rationalibus, magistris,
ex-Perfectissimis honorarios, M. Cf. the Glossary, s. v. ex-.
63 Proconsul of Africa, CIL 8, 12272; CTh 10, 10, 4.
6
Not extant.
65 before the kalends of March, M. Below this is called the begin-
ning of the season (primum tempus, Fr. printemps, spring).

66 CJ 10, 32, 20.
6 Actually issued to the Governor (Praeses) of Numidia, in
which this city was located.
3o." The same Augustuses to Count Nemesianus.
The decurions of all municipalities shall undergo no

inconvenience for Our privy purse nor be engaged in such
extraordinary burdens, so to speak, since it is enough if
they complete properly the compulsory public services of
their municipalities. (Etc.)
Given on the day before the ides of August at Bessa in the year
of the consulship of Acindynus and Proculus.-August 12, 340.
31.6'9 The same Augustuses to Catullinus, Praetorian Pre-
fect.
By no means shall any registrars, 70 scribes, decurions, or
their sons perform imperial service on any office staff, but
even if they are performing imperial service within Our
palace and have not yet completed a period of five years,
when they are found, they shall be dragged out from all
offices and returned immediately to their municipal councils and duties.
Given on the eighth day before the kalends of July at Lauriacum
in the year of the consulship of Marcellinus and Probinus.-June
24, 341.
32. The same Augustuses to Hilarianus.

If sons of military men are said to be unsuited for bearing arms, they must be immediately delivered to the municipal councils. For it is harmful to the State for the
municipal councils to languish because of a scarcity of men.
Given on the sixteenth day before the kalends of September in
the year of the consulship of Marcellinus and Probinus.-August
17, 341.
33. The same Augustuses to Rufinus, Count of the Orient.

Since Your Sublimity has reported that many persons
evade their due compulsory duties and thus contrive to
pursue privileges of Our privy purse and, by the rights of
coloni, they evade nominations to the decurionate, We
sanction that if any man should possess in his private
ownership more than twenty-five jugera" and should control a larger measure of land from Our privy purse by his
own cultivation and oversight, every frustrative action
based on privilege or birth status or any other defense shall
be barred, and he shall be vindicated to the municipal council. Also, if a man should have property of even less than
twenty-five jugera" of his own and should work a small or
smaller72 amount of land from Our estates with the purpose of cultivation, he shall likewise be assigned to the
municipal council. Thus all fraud shall be removed, if any
person through a pretended sale should decrease the
amount of property prescribed by law,73 and everything
that he transfers to another person under this pretended
sale shall be vindicated to the resources of Our fisc. Those
persons who have extorted a special imperial rescript to
the fraud of Our sanction by offering an illusory supplication to the Emperor shall also sustain this penalty.
Given on the nones of April at Antioch in the year of the third
Constans Augustus.-April 5, 342.
68
CJ
10, 32, 21. Nemesianus was Count of the Imperial Largesses,
II, 7,5.
6 8, 2, I;
CJ 10, 71, 1.
ex-tabulariis,ex-registrars ?
71 jugerum, about two thirds of an English acre.
72 an equal or a slightly smaller, M.
7 As a minimum for eligibility to the decurionate.
7o
1 346 ]
Decurions
74
34. The same Augustuses to Auxentius, Governor of
Augustamnica.
Your Prudence shall decree that those persons who are
obligated to the compulsory public services of decurions
and who rejoice in honorary dignities, in accordance with
Our law,'75 shall obey and fulfill all public duties, and that
such protection shall be removed.
Given on the sixth day before the ides of April at Antioch in

the year of the third consulship of Constantius Augustus and the
second consulship of Constans Augustus.-April 8, 342.
35.76 The same Augustuses to Leontius, Praetorian Pre-
fect.
In repetition of a law previously issued,77 We sanction
that if sons of veterans should not be able to undergo the
compulsory duty of military service after the age of sixteen years, or if they should not appear capable of bearing
arms, they shall be delivered to the municipal councils.
Given on the fifth day before the kalends of July at Hierapolis
in the year of the consulship of Placidus and Romulus.-June 27
(9), 343.
36.78 The same Augustuses to Titianus.

All ex-counts and ex-governors" who have obtained
such rank by patronage shall be held bound to the burdens
and compulsory public services of the municipalities. They
shall also sustain the plebeian capitation tax,80 so that the
public welfare may not suffer under an empty pact of
patronage. Exemptions from the aforesaid burdens shall
be made, however, in the case of persons who have been
engaged in administrative offices"' or in public delegations.61 Thus if any person in violation of the prohibition
of Our law should offer supplication to the Emperor, his
patrimony shall straightway be vindicated to the resources
of Our fisc. 44
Given on the day before the kalends of July at Trier in the year
of the consulship of Placidus and Romulus.-June 30, 343.
37. The same Augustuses to Placidus, Praetorian Prefect.

Provision has been made 2 that if any persons who are
descended from decurions should betake themselves to the
imperial service and if they should be apprehended during
any term of service whatever, they cannot be absolved by
any prerogative of length of time, but they shall be delivered to the municipal senates which they abandoned.
This regulation also shall be observed in the case of limeburners, armorers, and silversmiths, namely, that if any of
the aforesaid artisans should be obligated to compulsory
municipal duties and services, they shall be restored to the
municipal councils and not be freed by the impetration of
an imperial rescript.
Given on the fifth day before the kalends of June in the year of
the consulship of Leontius and Sallustius.-May 28, 344.
38. The same Augustuses to Anatolius, Praetorian Prefect.

Whereas, some men have abandoned the municipal councils and have joined themselves to the group of household
7
Praeses.
12, I, 26; 12, I, 36; 12, I, 4-42, 44.
76
7,
78
CJ io, 65, 4. Titianus was Praetorian Prefect.
22, 4.
" 12,
1, 14.
Or: honorary counts and honorary governors, n. 62.

so plebeiam sustinere capitationem may mean, sustain the duty of
the collection of the plebeian capitation tax. Cf. II, 12, 2; I, 5, 8.
81 administratio, the regular word for the governorship of a
province, n. io8.
7
82 12, I, IO; 12, I, 13.
12*1-40
troops or imperial bodyguards, and some have even given

their names to the imperial service of the scholarians or
have associated themselves with the palatine office staffs,
We order that all frustrative devices shall be barred and
all such persons shall be recalled to the municipal councils.
However, in order that the consideration of length of
service may not appear to be disregarded, if any persons
under the arms of imperial service should undergo compulsory public service as field army troops, and if they
should not yet have completed five terms of service or been
in combat service in defense of the State, they shall be
returned to the municipal councils. But if any persons
should offer as defense the rank of the palatine name, and
if they should derive their birth status from decurions as
ancestors, within the aforesaid number of years they shall
be stripped of the protection of imperial service and restored to the compulsory duties of their towns. We believe
that the masters of the horse and foot, the Most Noble
count of the household troops, also the count of the sacred
imperial largesses, the master of offices, and the palace
steward, under whose authority all the aforesaid members
of the imperial service are known to be, should be admonished about this matter, and Your Prudence shall insist and shall write about the names of each of these persons, so that each one of them shall be returned to his own
status.
Given on the tenth day before the kalends of June at Caesena in
the year of the fourth consulship of Constantius Augustus and the
third consulship of Constans Augustus.-May 23, 346; June 2-, 357.
39. The same Augustuses to Anatolius, Praetorian Prefect.

We sanction that the law shall be forever observed that
all chief decurions and decurions shall fulfill orders from
the judges4 without incurring corporal injury, which is a
disgraceful practice and a last resort even in the case of
slaves. Your Sincerity, therefore, must incite by frequent
admonition and encouragement not only the chief decurions of the municipal councils, but also those who hold
and have held magistracies," 4 to undertake the aforesaid
orders more promptly, since all fear of corporal contumely
has been removed.
Given on the kalends of April at Antioch in the year of the consulship of Limenius and Catullinus.-April 1, 349; 350.83
The same Augustus8 4 to Taurus, Praetorian Prefect.

Too many decurions have rushed to the empty name of
imperial service, and they manage the affair with so much
skill that they neither pursue the duties of the imperial
service, nor do they assist in bearing the burdens of their
towns. All such persons, therefore, shall be restored to
their municipalities with no prerogative from the name of
a rank obtained in the imperial service, and no number of
terms of service shall assist them.
40.
Given on the twelfth day before the kalends of August at Ravenna

in the year of the sixth consulship of Constantius Augustus and the
second consulship of Constans Augustus.-July 21, 353; 357-85
83 Anatolius was Prefect of Illyricum 346-360, under Constantius
and Constans, and under Constantius after the death of Constans in
350; thus there is an error in the place if the date is 349, or in the
date if the constitution was issued by Constantius at Antioch.
8 Constantius.
15 The other constitutions issued to Taurus are dated from the
end of 354 or in 355, and this constitution should be dated in 357 in
second consulship of Julian Caesar, M. Ravenna as the place of
L 347 ]
Decurions
12*1*41
41. The same Augustus8 4 to the Senate of Carthage.

If any ex-counts or ex-governors" or any other persons
without holding an administrative office should obtain honorary imperial letters patent for meaningless rank, and if
the aforesaid persons are clearly of your number, they shall
continue to be members of your group and shall bear all
the burdens and all the honors which are demanded by the
affairs of the municipality. Their titles of rank shall remain if it appears that they were granted to the aforesaid
persons by special imperial favor.
Given on the tenth day before the kalends of August in the year
of the sixth consulship of Constantius Augustus and the second
consulship of Constantius.-July 23, 353; 339.
42. The same Augustus to the Senate of Caesena, Greetings.

If any persons are known to have been advanced by the
accession of the rank of ex-governor or of Most Perfect, 86
they shall retain their ranks which they have obtained by
patronage, but they shall nevertheless continue as members
of their own senate. They shall perform the offices of decurions and shall be held liable to the duty of compulsory
municipal services, a responsibility which they shall share
with you.
i. If, moreover, any person should obtain the insignia of
the rank of Most Noble, and if he should not, by filing
proof of his imperial letters patent, receive the favor of
this gift that was granted him, he shall forfeit the enjoyment of the rank which he impetrated.
2. All persons also who have given their names to the imperial service throughout the various office staffs, if they
derive their birth status from decurions, shall be released
from their oaths of imperial service and adjoined to your
group.
Given on the eleventh day before the kalends of June at Milan in
the year of the seventh consulship of Constantius Augustus and the
ihird consulship of Constantius Caesar.-May 22, 354; 346.87

Provision has been made not to permit decurions and
sons of decurions to cheat the best interests of the municipal councils, even though they should give themselves
with real interest to the compulsory duties of the imperial
service. When, therefore, they take refuge in the oaths of
imperial service only for the purpose of refusing to perform their compulsory duties for the advantage of their
municipalities, the falsehoods of such fraud will be easily
suppressed. For We have learned that very many of the
aforesaid persons have given their names to the imperial
service or have resorted to the support of patronage, with
the purpose that, after a short time, they might be given
honorable discharges ... 88 and tto the performance of the
compulsory public services of their municipalities, they
shall direct the attentive care of their zealous minds.44
Given on the sixteenth day before the kalends of August at Milan
in the year of the consulship of Arbitio and Lollianus.-July 17, 355.

If any person within the palace should be promoted to
the rank of Most Perfect or of count by means of patronage, he shall be deprived of the dignity of the undeserved
issuance is also objectionable, since it is not so mentioned in any
other constitution of this period.
86 Or: honorary governor or honorary Most Perfect, n. 79.
87 1 I, , 6.
88
Supply: and therefore be freed from the imperial service.
honor; and if he should be found at leisure within the

province whose compulsory services he strove to avoid, he
shall be subjected to the performance of his statutory compulsory duties."
in the year of the consulship of Datianus and Cerealis.-May 22
(June 21), 358.

Many persons have considered the obligation of their
family and birth status of small account, have wrongfully
abandoned the compulsory services of their towns, and are
said to have taken refuge in the imperial service. Therefore, We decree that not only those persons who still continue in the imperial service but also veterans shall be
called forth to execute their own claims in competent
courts; for it is not just that any person should protect
himself under the claim of an honorable discharge. Thus
persons who still remain in the imperial service or have
already obtained leisure may be recovered by the municipal councils if they are proved to be obligated to them. It
is Our will also that letters of discharge which veterans
have elicited shall be taken away from them, and We
decree that such veterans must be returned to the municipal councils if it appears that they are obligated.
Given on the tenth day before the kalends of July at Sirmium
in the year of the consulship of Datianus and Cerealis.-June 22
(2,), 358.

We command that a civil priest shall be given to a
province only from the advocates and their association. No
person shall suppose that the compulsory duty of advocacy
has been so imposed on the civil priesthood that the performance of compulsory municipal services is separated
from the civil priesthood, since no laws ever have granted
to patrons of court trials exemption from compulsory
municipal services. Therefore, We permit no advocate to
be excused from the municipal council to which he is held
obligated, if, of course, he is held obligated to compulsory
municipal service by the name of citizen in the municipality or by the bond of residence. Therefore, We decree that
persons who give service in pleading cases before other
judges"o also shall be subject to the duties of the priesthood, in such a way, of course, that they shall be delivered
to such honorable services in that province where their
compulsory duties as decurions hold them obligated.
Given on the fifth day before the kalends of July at Esgek
(Mursa) in the year of the consulship of Datianus and Cerealis.
-June
27, 358.
47." The same Augustus."
In consideration of the welfare of the municipal senates

We formerly issued an order" that the dignity of these
senates must be safe from corporal punishments. We also
placed a prescribed limit on the penalties which may be
legally inflicted upon them. Therefore, We sanction that if
a judge' should vent his rage against a decurion by administering either penalties or corporal punishments beyond
89 province, he shall be subjected to the performance of the statutory duties of the municipal council whose services he strove to
avoid, M.
90 Than those of their own municipality and province.
91 Brev. 12, I, 5.
92 Some mss. add: to Caeci'ianus, Praetorian Prefect.
93 12, I, 39.
[ 348 J
Decurions
what is permitted, he shall himself pay five pounds of gold
to the fisc, but his office staff shall pay ten pounds.94
Given on the eighteenth day before the kalends of July in the year
of the consulship of Eusebius and Hypatius.-June 14, 359.
INTERPRETATION:
In the correction of decurions, judges4
must retain a certain patience, so that they may not easily

dare to vent their rage on the bodies of the decurions to
the point of bloodshed." For if any person should act in
violation of this decree, the judge himself shall be compelled to pay to the fisc five pounds of gold, and in addition his office staff shall pay ten pounds. 4
If by chance any decurions should refuse their compulsory services and should betake themselves to the association of Our Senate, they shall be removed from the
official list of the Senate and delivered to their own cities.
If any persons should have performed the office of praetor,
they shall remain in the Senate, but they must restore what
they took away from the accounts of the fisc or from the
vitals of their cities. 7 Thus hereafter opportunity for obtaining this honor shall be barred to all.
Given on the fifth day before the nones of May in the year of
the consulship of Taurus and Florentius.-May 3, 361.98

Only a bishop shall not be compelled by anyone to deliver his property to the municipal council, just as was
formerly established," but he shall remain a bishop and
shall not make any surrender of his substance. Of course,
if any persons have attained the rank of priest, or even of
deacon or subdeacon or of any other cleric, if the municipal
council should be present and should issue their consent
under the supervision of the judge,4 when it is established
that the lives of the aforesaid clerics are outstanding and
are pure in every virtue, 00 such clerics must have the heritage of their commendable way of life,o10 so that they may
retain their own property, especially if it is requested by
the voices of the whole people.
I. But if by chance any persons should aspire by clandestine devices to those ranks which We have mentioned or
should creep in by the use of fraudulent tricks, if the
decurions should not testify openly before the judge,4 and
if the people, finally, should not make a request, the aforesaid clerics shall surrender their patrimony to their children, who shall be chosen as their substitutes for the performance of the compulsory duties of the municipal
councils. But if these clerics should have no children, they
shall deliver two thirds of their own property to their near
kinsmen, if, however, they come within the grades of
9 Observe the higher penalty assessed on the members of the
office staff, since they were career men in the imperial service, while
the judge was often an influential politician whose tenure of office
was brief, I, 6, 9, n. 33.
9 Apparently the capital penalty.
96 Nov. Th. 15.
97 As decurions they had been the tax collectors of their municipalities, and thus they might have diverted tax funds to their own
uses, such as presenting the games of the praetorship, G. Besides,
a decurion might misuse some of his own funds for Senatorial
expenses, although his property was obligated to his compulsory
municipal services.
98 I, 6, I, n. 5.
9 By a law or laws that are not extant. Cf. 12, I, 121.
100 pure from every sin, M.
101 such clerics, who are commendable in their way of life, must
have their heritage ... if they are requested, M.
12-1-50
statutory succession, and they shall reserve one third for

themselves. Thus, of course, the compulsory service of the
clerics shall be performed by such near kinsmen after they
have received the property, if they are decurions or even
if they have never before performed compulsory duties
for the municipal council. But if the aforesaid clerics
should not have children or near kinsmen, and if they
should suppose that they should abandon the municipal
council and pass into the service of divine worship, the
municipal council thus abandoned must receive two thirds
of the property, and one third shall be left within the
possession of such clerics, if, as We have said before, they
aspired to the association of ecclesiastics by means of
insidious devices. But those properties which pass from the
ownership of the clerics to the municipal council must
belong to the municipal council and must not be transferred from its ownership. Since it is to be feared that
such property may be alienated or previously transferred
to the ownership of others, and thus no provision could be
made for the welfare of the municipal council, the regulation must be observed that if fraudulent plans should be
revealed, a person who is joined to these clerics by any tie
of kinship whatever, if he can demonstrate such kinship,
shall receive the aforesaid properties and shall obediently
perform the compulsory public services of the municipal
council; or if search for near kinsmen should prove fruitless, all property shall be transferred to the municipal
council if it is proved to have been alienated under any
title whatsoever, after the time at which the person who
assumed the way of divine worship began to refuse the
compulsory service of the municipal council.
2. If provosts of the State storehouses and persons who
are going to accept a magistracy,"4 and also provosts of the
peace and receivers of the various taxes in kind should
suppose that they should aspire to a position in the Church,
after they have undertaken the duties of the administration
or honor imposed upon them, first of all, the bishops themselves of the celestial law must oppose such action, and
first of all they must exert themselves that the aforesaid
persons be recalled to their proper services; or, if the
bishops should neglect this matter, the said men shall be
dragged back by the decurions, with the support of the
office staff of the judge.4 (Etc.)
year of the consulship of Taurus and Florentius.-August 29, 361.
Emperor Julian Augustus to Secundus, Praetorian

Prefect.
(After other matters.) Decurions who evade their compulsory public services on the ground that they are Christians103 shall be recalled.
I. The municipal councils shall be exempt from the tax
payable in gold and silver which is levied upon tradesmen,
unless perchance it should appear that a decurion is engaged in merchandising to any extent. Thus the senates of
the municipalities shall be exempt from the arrears of such
burdens, as We have already said.
2. Since it has been reported also that certain decurions
have fled for protection to the homes of powerful men, to
prevent such shameful refuge We have decreed a fine, so
that if any persons should flee for protection to the home
of a powerful man, they shall pay one solidus for each head,
50.102
102 13,
1, 4;
11, 24; 7, 14, I, n. 3.
[ 349
103 Clerics.
Decurions
12*1*50
and those who receive them shall pay the same amount as
a fine. For if a slave should receive such decurions without
the knowledge of his master, he shall suffer capital punishment, and if a freeborn man104 should do this against the
will of his patron, he shall be deported.
Posted on the third day before the ides of March at Constantinople in the year of the consulship of Mamertinus and Nevitta.March 13, 362.
51.-o" The same Augustus to Julianus, Count of the Orient.
The ancient Emperors granted" that persons should be

enrolled 06 as decurions through the maternal line of
descent at Antioch, if the rank of the father should not
vindicate them to the control of any municipality.
Given on the fifth day before the kalends of September at Antioch
in the year of the consulship of Mamertinus and Nevitta.-August
28, 362.
52. The same Augustus to Julianus, Governoro of Phoenicia.

The fact that a person who is claimed as a resident34 is
said to be a decurion elsewhere shall not bar a petition of
the decurions of his place of residence. For the aforesaid
person can be detained by the decurions also in his place
of residence if his property permits and if he has been
unwilling to renounce his residence before he is sued.
Reasons of equity do not permit the aforesaid person to be
burdened because of the bare possession of property, if he
has not established his lares, although he is said to have
purchased the property of a decurion. Of course, he must
be held by the right of residence in this instance, if he has
neither borne arms nor been in charge of a military expedition nor been made Senator by the recommendation of
having held an administrative office.' 0 s
Given on the third day before the nones of September at Antioch.
-September 3. Received on the ides of October at Tyre in the year
of the consulship of Mamertinus and Nevitta.-October 15, 362.
53. The same Augustus to Sallustius, Praetorian Prefect.

Since, from a few instances, We suspect, not without
reason, that very many misdeeds have been committed, We
revoke as invalid all nominations whatever that were made
by the municipal councils after the kalends of September,
except those that were made in the customary manner. You
shall immediately institute a legal investigation about all
preceding nominations. I. It is Our pleasure also to designate the groups from which the formality"o' of nomination
may be legally performed. For sons of decurions, if they
have not yet been delivered to the municipal council, may
regularly be nominated, and also plebeian citizens of the
same town, if a more prosperous fortune should promote
them to the position of undergoing the compulsory public
services of decurions.1
-September i8, 362.
104 ingenuus, a colonus attached to the estate of some great landholder who thus became his patron.
105 CJ 10, 32, 22.
1o ascribi,be enrolled, be assigned, be assessed upon, the technical
term for the assignment of coloni to the great landed estates, since
they were assessed upon the landholders, and each landholder must
pay the taxes of the coloni on his estate.
107 Consularis.
108 administratio, regularly means a provincial governorship, at
the end of which the incumbent was made Senator, n. 81.

109 designate in what cases the formality, M.
54.110 The same Augustus to Julianus, Count of the Orient.
Provision must be made that those new decurions whose

names have recently been added to the municipal councils
shall not be burdened by past debts of the tax receivers."'1
But for these debts you shall sue the persons who incurred
them by their previous mandates,'1 2 and you shall not permit the aforesaid new decurions to suffer any loss for the
burden of any nomination that was made by another person.1
Posted at Beirut on the kalends of November in the year of the
consulship of Mamertinus and Nevitta.-November I, 362.
55.113 The same Augustus to Leontius, Governor"o'
of
Palestine.
If any man should be the father of thirteen children,
not only shall he not be called to the service of the municipal council, but also, if he should be a decurion, he shall be
presented with a most honorable leisure.
Given on the kalends of March at Antioch in the year of the
fourth consulship of Julian Augustus and the consulship of Sallustius.-March I, 363.
INTERPRETATION: This law directs that if any man is
proved to be the father of thirteen children, not only shall
he not be held obligated to the service of the municipal
council, but also if he should be a decurion, he shall be
granted a most honorable leisure.
14
56. The same Augustus.

If those persons who derive their birth status from decurions should devote themselves earnestly to military service, when they have completed terms of service amounting
to ten years, they shall be exempt from the municipal council by the authority of Our orders. But if they should have
a record of border militia service of less than ten years
previous to the present time,11 the consideration of their
descent and birth status shall have preponderance; for
they shall be adjoined to the municipal councils.
Given on the twelfth day before the kalends of January at Antioch
in the year of the fourth consulship of Julian Augustus and the
consulship of Sallustius.-December 2r, 363; 362.114

No man shall be added as Senator to the Senatorial
Order before he has performed all the compulsory public
services of his municipality. When, moreover, he has completed all such services and has passed through his terms
of service to his municipality, then he shall be so received
into the embrace of the Senatorial Order that he shall not
be annoyed by the demands of his citizens who are attempting to recall him.116 If any person, moreover, should
disregard Our law, he shall be removed from the official
list of the Senate until he has satisfied the compulsory
duties of his municipality, and he shall not receive the ad110 CJ 10, 32, 23.
u" the debts of previous tax receivers, M. Tax receivers were
selected from the decurions and this office was held in rotation.
Thus no decurion could be held liable for the debts of his predecessor.
112 delegationes, tax levies, or mandates as tax receivers. Or: incurred them from the previous tax levies. Cf. n. iii.
113 Brev. 12, I, 6; CJ 10, 32, 24.
114
1, 22, 3, n. 15.
115 Special exemption had previously been granted to border

militia troops on account of the Persian crisis, but in 363 the Emperors felt compelled to assist the exhausted municipal councils.
116 To service in the municipal council.
E 350 ]
12-1-65
Decurions
vancement of an empty honor. For if any person should
desire to obtain an increase in rank, he must prove in legal
proceedings before the judge ordinary4 that he has fully
performed his compulsory public services. His sons, of
course, shall be chosen as substitutes in his place, if it
should be proved that they are aided by the inheritance of
their family in achieving the universal purpose of Our
law.117
Given on the nones of May in the year of the consulship of the
sainted Jovian and of Varronianus.-May 7, 364.

If any person born of a family of decurions should be
made a Senator before the completion of his compulsory
public services to his municipality, he shall forfeit the enjoyment of such rank until he is absolved from his compulsory public services. When he has fulfilled these services, if he should wish to avoid the expensive Senatorial
Order, he may renounce that dignity. If he should remain
a Senator, his children who were born after such rank
was obtained shall now be held as Senators, praetors, and
quaestors, but they shall not be obligated to the compulsory public services of decurions.
i. But no rank and no length of employment in the imperial service shall protect any person if he is demanded
back by the municipal council on the ground that he derived his birth status from decurions. 2. If any person also
should avoid the bond of decurion by the advantage of
birth,"" and if, when he is eighteen years old, he should
not perform the imperial service through which his parents
obtained exemption, he cannot be free from the service of
decurions through the lot of his birth status.
Given on the third day before the ides of May at Adrianople
in the year of the consulship of the sainted Jovian and of Varronianus.-May 13, 364.
59-11' The same Augustuses to the inhabitants of Byzacium.
If any person should choose service in the Church, he

shall either make a near kinsman a decurion in his stead
by transferring to him his own property, or he shall cede
his property to the municipal council which he left. Of
course, a person must of necessity be recalled to the municipal council if he did neither of these when he began to
be a cleric. (Etc.)
Given on the fourth day120 before the ides of September at
Aquileia in the year of the consulship of the sainted Jovian and of
Varronianus.-September 12, 364.
60.121 The same Augustuses to the inhabitants of Byzacium.
Civil priests anddecurions shall not be ordered to present themselves beyond the boundaries of their own municipality.' 2 2 In the creation of civil priests and in the privileges which are conferred upon them, the ancient custom
must be observed.
To aid the municipal councils.
118 By being born from a father who had gained exemption from
the decurionate. Or: shall vindicate himself (from a municipal
council) by the privileges.
s19
This constitution repeals a constitution of Julian, 12, I, 6o;
16, 2, 17; Julian, Epist. ii.
120 The day before, M.:
5, I, 16, n. 7.
121 CJ 10, 32,
25.
122 Their duties required their constant presence, and they must
not be allowed any pretext for escape, n. 337.
117
Given on the day before the ides of September at Aquileia in the

year of the consulship of the sainted Jovian and of Varronianus.September 12, 364.
61. The same Augustuses to Terentius, Governor... of

Tuscany.
Chief decurions of the municipality of Bolsena, provided that they have obtained the rank of patrons,12 4 shall
have this prerogative of their labors and their services,
namely, that they shall not at any time be afflicted with
severe injustices by judges4 who wickedly yield to their
passion.
Given on the fifth day before the kalends of November in the year
of the consulship of the sainted Jovian and of Varronianus.October 28, 364.

City.
If a decurion should steal into a guild of artisans for
the purpose of evading other duties, he shall be restored
to his pristine status, and in the future no person who derives his birth status from decurions shall dare to aspire
to the duties of such a guild.
Given on the fourth day before the ides of December at Milan in
-December 1o, 364.
The same Augustuses to Modestus, Praetorian Prefect.

Certain devotees of idleness have deserted the compulsory services of the municipalities, have betaken themselves to solitudes and secret places, and under the pretext
of religion have joined with bands of hermit monks.126 We
command, therefore, by Our well considered precept, that
such persons and others of this kind who have been apprehended within Egypt shall be routed out from their hiding
places by the Count of the Orient and shall be recalled to
the performance of the compulsory public services of their
municipalities, or in accordance with the tenor of Our
sanction, they shall forfeit the allurements of the family
property, which We decree shall be vindicated by those
persons who are going to undertake the performance of
their compulsory public services.
63125
Posted at Beirut on the kalends of January in the year of the

consulship of Valentinian and Valens Augustuses.-January 1, 370;
373.127
64.128 The same Augustuses to the Moors of Sitifis.
No person shall vindicate to himself the privileges of

his father's imperial service,11 8 if he is bound to a municipal council by the bond of his grandfather's decurionship.
The municipal council shall also without doubt recover the
father, if within the limit of the aforesaid timel29 it should
attend to its own interests. But if a person should be
descended from a grandfather who was in the imperial
service and a father who was a decurion, he shall succeed
to the compulsory services of his father.
Given on the ninth day before the kalends of May at Trier in the
year of the consulship of Valentinian and Valens Augustuses.April 23, 368; 370; 373.
65. The same Augustuses to Terentius, Governor
of
Tuscany.
All decurions who prematurely arrived by means of any
123
125
Corrector.
CJ
127 9,
10, 32,
16, 8.
124 Patroni, patrons, advocates.

26. Cf. 13, 3, 7, n. 24.
126 monazontes.
128 CJ 1o, 32?, 27.
129 Five years; 7, I, 6.
E 351 ]
Decurions
12*1*65
favoritism whatever at a higher rank before they passed

through all their compulsory public services shall be recalled to the order of their compulsory duties,so and they
shall not be admitted to the rank which they usurped until
they have fulfilled the obligations which they owe to their
municipalities. It is not difficult to understand, moreover,
that what has not been granted to Our Senatorial Order
cannot be conceded to the senates of the municipalities.
year of the consulship of Valentinian and Valens Augustuses.May 28, 365.

If the municipal senates of themselves should suppose
that certain persons should be adjoined to their groups,
such persons shall not be adjoined to the municipal senates, whose splendor is especially dear to Our heart, unless
they have been nominated and elected.13
No person shall be delivered to a municipal council because of a misdeed for which he ought to be removed from
such a senate.1 32
Given on the eleventh day before the kalends of July at
Ravennas33 in the year of the consulship of Valentinian and Valens
Augustuses.-June 21, 365.

City.
No persons except palatines shall be held exempt from
their due compulsory public services by the support of any
prerogative whatever.
Given on the fourth day before the kalends of July at Milan in
-June(?) 28, 365.135
68. The same Augustuses to Severus, Prefect 8 * of the

City.
Whatever acts have been done to the ruin of the senate
of Avellino by the excessive arrogance of the judge ordinary,4 without the authority and judgment of the Emperor, must neither prejudice the ancient custom, nor impose any legal necessity in the future.
Given on the day before the nones of October at Verona in the
year of the consulship of Valentinian and Valens Augustuses.October 6 (14), 365; 364.137
69. The same Augustuses to Auxonius, Vicar of the
Diocese of Asia.
All persons who by their premature greed are known to
have preferred the Senatorial assembly to the honors of
their municipalities shall, indeed, have the status of the
Senatorial rank unimpaired, but they shall perform those
honorable duties which they have not yet discharged to
their municipalities. Further, they shall indicate to the municipal council their children who were born before they
acquired the rank of Senator.
consulship of Valentinian and Valens Augustuses.-October 6, 365;
368; 370; 373.
recalled to the compulsory duties of their municipal senates, M.

such persons shall not be adjoined by name to the municipal
senates,... unless they have been elected, M.
132 Membership in a municipal council could not be imposed as a
penalty for crime; cf. 12, I, io8.
18 Milan, 9, 30, 3. The year seems certain but the exact day uncertain, on account of the uncertainty of the date when Mamertinus
was succeeded by Rufinus.
184 CJ 10, 32, 28.
185 1, 6, 5, nn. 19-20.
130
136 Vicar.
187 Valentinian was at Verona in 364.
E 352
7o. The same Augustuses to Mamertinus, Praetorian Prefect.

If any person from that group which had been assigned
to the office of tax receivers should obtain any honor whatsoever by patronage, even though he has adored Our imperial purple, he shall forfeit the reward of such rank.44
of the consulship of Valentinian and Valens Augustuses.-January
30, 365.
71. The same Augustuses and Gratian Augustus to Amphilochius, Governor"o' of Campania and to Sophronius,
governor 0 7 of Picenum.
If any persons have passed over some honor or some
compulsory public service and have striven toward a rank
not due them, even though such surreptitious device should
be valid through the connivance of the municipal council
or by cases which have been brought into court as if they
were approvable, such persons shall be dragged back to
those services which they fled. Moreover, that kind of
interlocutory decree shall cease to be effective by which,
when such complaints are brought, the judge' pronounces
that the municipal council knows its own risk.
year of the consulship of Valentinian Augustus and the third consulship of Valens Augustus.-May 5, 370.
72. The same Augustuses to Olybrius, Governor'" of

Tuscany.
If any tradesman should purchase farms and should be
called to the municipal council as the holder of any landed
estates, he shall not be assisted by the protection" of his
compulsory duty, namely, that with the money which he
has invested in business he assumes the gold and silver tax
which is levied upon tradesmen. But if he should be nominated to a municipal council, he shall be subject 89 to the
compulsory duties of that municipal council to which he
gave himself of his own accord by converting the use of
his money into the profit of farm land.
year of the consulship of Valentinian Augustuses and the third consulship of Valens Augustus.-May 5, 370.
73. The same Augustuses to Symmachus, Proconsul of

Africa.
If any person who is not supported by the honor of an
administrative office or by the insignia of palatine service
or by the just deserts of imperial service should endeavor
to come into the confraternity of the Senate, and if a delegation" should be sent about this matter,'4 0 he shall be recalled and returned to the municipal council which he
wished to evade.
Given on the day before the kalends of December at Trier in the
year of the consulship of Valentinian Augustus and the fourth14x
consulship of Valens Augustus.-November 30, 373.

(After other matters.) In the case of those persons
from the municipal councils who have attained to the association of the Senate, this general rule shall be observed,
namely, that if any person has fully performed his com138 umbra, shadow, pretext, protection.
19 duty, because on account of the money
... and when he is

nominated . . . duties, in addition to that duty to which he gave
himself, M.
140 By his municipal council, to petition for his return.
141 The third, on account of the dates of 12, I, 72;
12, I, 74.
12*1-76
Decurions
pulsory public services and should rely on the succession
of a son who was born when he had not yet acquired the
Senatorial rank, he shall deliver the said son for the performance of the compulsory duties of the municipal council, and he himself shall possess the desired rank of Most
Noble. But if he should have two sons or numerous sons,
then a distinction must be made in accordance with the
divine imperial law"o previously issued, so that he may
have the option of choosing one son from his two or more
children for membership in the Senate, and so that the son
who shall be chosen to the association of the Senate with
his father or after his father, shall acquire property which
is adequate for the glebal tax only, after the patrimony
has been divided with his brothers in accordance with the
law of succession. But if, of course, a decurion should be
made a Senator and, relying on the succession of only one
son, should request that this son be joined to the Senate
and should promise that he himself will return to the compulsory public services of the municipal council, a fraud
of this kind shall by no means be admitted.
i. But if a person from the number of decurions should
be made a Senator and should not have a son whom he
may leave as heir of his family and of his compulsory public services, for the performance of his compulsory services to his municipality, he shall be removed from the lists
of the Senatorial glebal tax, by the general rulel 42 issued
about persons who are proved to have participated in the
group of the Most August Order within the eleven years
after the tenth consulship of Constantius and the third consulship of Julian. 4 s But it is just that persons admitted at
a time previous to this should be protected by the lapse
of time.
2. If, therefore, any person of a family of decurions
should have acquired the rank of Senator either from Us
or from the sainted Emperors, and if he should rely on
this rank, insofar as pertains to his children the same general
rule shall be observed as is included above, except, of course,
in the case of a person who is without a son. As We have
decreed, he shall be dragged back to the municipal council
unless he is protected either by the antiquity of his participation in the Senate or 144 by the prerogative of the prescribed time, or unless he had the right of the sword or the
right of heralds'14 honors that have been conceded to all
the others14 and have attained147 the ancient equivalent of
the name of Senator. 3. To these titles of real rank must
be added also the judges, 4 who have attained as their own
the honor of Senators by the insignia of the praetorship
4 who
and have been increased in honors, or those persons"'
have been endowed with the appellation of the ancient
tribune of the people and under the hollow form of this
name are proved' 4 9 to have presided over the people with
Our assent. 4. But We command that persons who have
pursued the empty form and futile semblance of high
142
Not extant but referred to in
36o.
12, I, go.
and, M.
145 These rights belonged to the prerogatives of governors and
higher officials. The right of the sword was the right to execute
offenders guilty of capital crimes.
146 Governors and other administrative officials? G. reads: to
specified persons.
147 Or: others, and unless he should have obtained. M. suggests:
. .. heralds, who by the concession of the former honor have obtained the ancient.
48
s The judges?
149 and the hollow form . . proves that they have presided, M.
143
144
ranks by means of honorary imperial letters patent shall

not be assisted at all, except the exalted titles of Eminent
ranks, if they have actually obtained for themselves most
distinguished honors by no small merit, by an honorary
title from the highest grade of rank even to that of consular. All others, provided that they are of lower honorary
ranks, shall be brought back to the duties which they
deserted.
5. So much for those persons who are obligated by their
birth status as decurions. But if persons are legally independento50 and are obligated to no compulsory services
throughout the provinces, and if they should obtain imperial letters patent for the rank of Senator, either by
means of the toil of long imperial service or by the aid in
Our presence of Our confidential advisers,"' unless they
should be found unworthy of the Most August Order because of their faults or because of the disgrace of their
past life, they shall obtain once for all the rank of Most
Noble, and they shall remain forever in the order of
Senators.
Given on the kalends of March at Constantinople in the year of
the second consulship of Gratian Augustus and the consulship of
Probus.-March I, 371.
75. The same Augustuses to Viventius, Praetorian Prefect.

If any person should attain to the office of civil priest of
a province and to the rank of chief decurion by discharging his compulsory public services step by step and in
order, not by favoritism and patronage that he has solicited, but by labor, after the record of his administrative acts
has been approved, if the opinion of his fellow citizens is
consonant and he is publicly approved by the whole senate,
he shall be held exempt from compulsory services, he shall
enjoy the leisure which he earned by the testimony of continuous labor, and his body shall be free from such outrages as it is not fitting that dignitaries should sustain.
We also decree that the honor of ex-count'" shall be
added to him, an honor which is customarily obtained by
those persons who have proved their loyalty and diligence
by the administration of their municipalities.
Given on the fourth day before the kalends of July at Trier in
the year of the second consulship of Gratian Augustus and the consulship of Probus.-June 28, 371.

Persons who are of the birth status of decurions shall
be led forth from all homes1"' and shall be dragged forth to
undergo the performance of their compulsory public services. Of course, the harborers of such persons shall be
threatened with loss of their property as well as loss of
status, if they should proceed farther and should esteem
the public welfare less than their personal desires and their
protection.
Given on the third day before the ides of July at Ancyra
(Ankara) in the year of the second consulship of Gratian Augustus
and the consulship of Probus.-July 13, 371.
150 suae potestatis = sui juris.
151 Proximi. the aid of duties which they have performed for Us,
M. There is a lacuna in the text here, M.
152 ex comitibus, ex-counts, honorary counts, the title that was
bestowed upon chief decurions who had been chief magistrates of
their municipalities.
153
154
CJ 10, 32, 31.
Of powerful men, their protectors, II, 24.
C 353 J
Decurions
12*1*77
77. The same Augustuses to Probus, Vicar of the City.

No person, oblivious of his birth status and of his municipality to which he is bound by the right of residence,
shall strive to ascend to the governorship of a province
until he has been promoted by completing, step by step,
the compulsory public services of his municipal council.
He shall not begin at the office of duumvir or of civil priest,
but he shall observe the regular order and shall sustain the
responsibility of all the offices, because We do not permit
these offices to be conferred either through favoritism or
through the connivance of the judge4 upon those who rely
on the prerogative of the office of advocate. They shall not
steal into the first ranks as chief decurions or as civil
priests,'55 when they have not assumed the performance of
any of the duties of decurions. But after they have fully
discharged the compulsory public services and the duties
of the magistracies of their municipalities, step by step,
each shall be given access to public administrative offices,
with Our assistance also. (Etc.)
Given on the seventh day before the kalends of March at Trier
in the year of the consulship of Modestus and Arintheus.-February 24,
372.

We have dispatched to the Illustrious counts and masters
of the horse and foot written instructions, that they might

know that they shall refrain entirely from disturbing all
those sons of veterans who either are assigned to a municipal council or comply with compulsory municipal services and other obligatory duties. If these sons have, by
chance, been dragged back to imperial service, the aforesaid officials shall return them immediately to their former
duties and shall not seek recruits as substitutes for them.
Given56 on the seventeenth day before the kalends of June at
Pettau in the year of the consulship of Modestus and Arintheus.May 16/17, 372.
79.157 The same Augustuses to Modestus, Praetorian Pre-
fect.
If any commissary officer throughout Osroena should
rejoice in a large number" 8 of sons, he may substitute one
in his own place as if by hereditary right, another he may
deliver, out of love for his municipality, to the compulsory
duties of the municipal council of Edessa, and he may provide for all the others whatever imperial service he wishes.
If, moreover, he should have begotten only two sons, he
shall be compelled to satisfy the cohort15 9 and the municipal
council. If he should have begotten only one son, he shall
deliver the aforesaid son to the senate of his municipality,
and no special grant of imperial favor shall avail against
this general rule. Of course, we give license to the fathers
as well as to the sons themselves, who are joined to the
compulsory duties of the municipalities by the authority of
this law, if they should find that any decurions are being
exempted by the protection of the chief decurions, to bring
them into court, so that such decurions also may be assigned to the same office and obey the commands that are
enjoined upon them.
155 sacerdotales, civil priests, ex-civil priests. Omit: as chief decurions or as civil priests, M.
156 Posted on the sixteenth day before the kalends, 8, 4, 12. Valentinian was not at Pettau on this date.
157 12, I,
05; CJ 12, 57, 5.
158 Apparently three or more.
159 As a gubernatorial apparitor.
Given on the third day before the nones of December at Antioch

in the year after the third consulship of Gratian Augustus and the
consulship of the Most Noble Equitius.-December 3, 375.
8o. Emperors Gratian, Valentinian, and Theodosius Augustuses to Julianus, Prefect of Egypt.
The entire order of decurions shall be held immune
from those tortures which are due to criminals and from
the blows of lashes with lead tips. The judge4 shall know
that if either he or his office staff should attempt any
usurpation contrary to the prohibition of this law, he will
be subjected to the most severe punishment. Your Gravity,
therefore, shall perceive the majesty of this sanction, and
you shall not only refrain from the infliction of corporal
punishment upon decurions, but also with wholehearted
observation you shall provide that if any audacious lawlessness should be perpetrated by any office staff, it shall
be punished by a sentence of a very severe penalty.
Given on the sixteenth day before the kalends of April in the
year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-March 17, 380.

Armorers shall be restored to the municipal senates if
they have evaded their birth status as decurions and the
compulsory public services of their own municipalities. The
rest of the armorers shall be disturbed by no annoyance,
not even a slight one.
Given on the sixteenth day before the kalends of April at Thessalonica in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-March 17, 38o.
The same Augustuses to Neoterius, Praetorian Prefect.

We command that all persons shall be recalled to the
municipal council who are held by the bonds of their birth
status to the performance of such compulsory services and
who are attempting to exhibit higher offices as their defense, whether they have given themselves to Our most
glorious Senate or, by performihg imperial service in the
office staffs, have refused the compulsory duties of their
municipalities, provided, however, that they are not supported by the merits of their claims.1 6'
82.
83. The same Augustuses.

If any person of a military family should attach himself to the office staff of a cohort,159 and if, when his
strength is impaired, he should allege as his defense advanced old age or under the pretext of debility should be
judged unfit for active military service, he shall be dragged
back from the concealment of his cowardice, even by a
late investigation, and shall be delivered to the compulsory
services of the municipal council.
Written to Petrus, Governorol of Phoenicia at Damascus, on
the day before the ides of May at Constantinople in the year of
the fifth consulship of Gratian Augustus and the first consulship of
Theodosius Augustus.-May 14, 380.162
"60 CJ 10, 32, 32.
In other particulars. See 12, I, 74.

7, 22, 9. The Emperor was at Thessalonica; this constitution
was probably dispatched from Constantinople by the praetorian
prefect.
161
12
C 354 J
12*1*91
Decurions
84. The same Augustuses to Camenius, Vicar of Africa.
When nominations are to be duly held by each individual
municipal senate, it is Our will that the proportion of the
entire number as previously designated" shall be observed in such a way that in determining the two thirds of
the body which must be present for a meeting of the council, the number shall be subtracted of those persons who
are removed on the plea of debility or who are delayed by
the slowness of old age or who are claimed by the duties
of the clergy or who are absent because of the crime of
desertion, and the required two thirds shall be computed
from the number that is left.
Posted at Carthage on the fifteenth day before the kalends of
March in the year of the consulship of Syagrius and Eucherius.
-February 15, 381.
85.164 The same Augustuses to Eutropius, Praetorian Pre-
fect.
All judges4 and governors4" of provinces shall refrain
from the custom of lawless usurpation, and they shall
know that no chief decurion and no decurion at all shall be
subjected to the tortures of lashes with lead tips, under
any accusation of crime or wrongdoing whatsoever. But
if perchance any judge should burst forth into such obstinate and illicit fury that he dares to subject to the blows
of lashes tipped with lead a chief decurion or a decurion
and a senator of his own municipal council, if it may be so
called, such judge shall be fined by the payment of twenty
pounds of gold, and he shall be branded with perpetual infamy, so that not even by a special imperial rescript shall
he obtain permission to remove this blot. His office staff
also shall be compelled to pay to Our fisc a fine of fifty
pounds of gold, since We grant to the aforesaid office staff
full opportunity to oppose the judge, so that they may
withstand his pertinacity."4
381.
86." The same Augustuses to Eutropius, Praetorian Prefect.

If any person should evade the labors of his duty as a
decurion and should be proved to have been promoted
through a shortening of his period of service by illicit and
corrupt solicitation, not by merit, but at a price, he cannot
be defended in any way but must be returned to the performance of his due compulsory services. Furthermore,
no ambiguity or doubt shall exist in regard to the recalling
of his sons to the municipal councils.
381.

Your Sublimity shall order to return to the compulsory
duties of decurions all persons who have defaulted from
such service and have delivered themselves to the pleading
of cases in court,165 as well as to military enlistment oaths
and terms of service. But those persons whom you find
offering the defense of high honors which they have pur163 According to long-established law as found in the Digest
50, 9, 3; 4, 3, 3, and elsewhere. Cf. 12, I, 142.
164 CJ 10, 32, 33; Libanius, In Icarium I (vol. 2, p. 116, Reiske)
2 (vol. 2, p. 163, R.).
165 all persons who have delivered themselves to the pleading of
cases in court as well as, M.
chased, you shall order to fulfill all those compulsory

services which they had believed that they could escape.
in the year of the consulship of Eucherius and Syagrius.6
July(?1s 30, 381.
88. The same Augustuses to Syagrius, Praetorian Prefect.

(After other matters.) Unless decurions are protected
by armed imperial service for five years or the rank of
palatine for thirty years, they must certainly be returned
to their birth status. Thus for the past, the status of five
years' service shall be observed. In the future, such persons shall be excluded from participation in the higher imperial service, and all persons who have been employed as
palatines, as imperial bodyguards, or as household troops
for less than the prescribed time, shall henceforth be restored to their own status.
Posted on the fifth day before the ides of April at Carthage
in the year after the consulship of the Most Noble Syagrius and
Eucherius.-April 9, 382.
89. The same Augustuses to Syagrius, Praetorian Prefect.

All persons whatsoever who have been made decurions
by the compulsory duties of their fathers shall lose entirely their license to leap from the bonds of their municipal council, no matter what ancestry of grandfathers or
forefathers they may claim. If governors 46 should concede
this right, they shall be restrained by no less a threat of
peril.
i. The compulsory duties of the municipal councils shall
claim also the sons of veterans if they are not equal to the
armed service and are devoting themselves to leisure either
because of debility of body or torpor of mind.
Given on the third day before the nones of July at Viminacium
in the year after'67 the consulship of the Most Noble Syagrius
and Eucherius.-July 5, 382; 381.
The same Augustuses to Proculus, Count of the Orient.

If it should appear that any persons of decurion families
have aspired to the rank of Senator after the year of the
tenth consulship of the sainted Constantius the pious and
the third consulship of Julian, 168 for this was the time designated by the decrees of Our sainted parents, Valentinian
and Valens,' 6 9 you shall provide that they shall either be
restored and assigned to all their compulsory services
which they owe, or, if they have performed all their compulsory services, you shall not cease to make them obligated to furnish substitutes that are as suitable as possible.
90.
Given on the eighth day before the ides of March at Constantinople in the year of the consulship of Antonius and Syagrius.March 8, 382; 383.170
91. The same Augustuses to Darius, Governor 0 7
If any decurions should desert their municipal councils

and should neither themselves perform the compulsory
services due to their municipalities nor supply suitable substitutes when they leave, they must be so constrained that
they both fully discharge the duties which must be per166 Eutropius, the predecessor of Florus, appears to have remained in office until September, 381.
167
In the year of the consulship, i, io, i.
360. Constantius is called the pious to contrast with Julian

the Apostate.
169 12, 1, 74.
170 The subscription seems to be corrupt and the date is uncertain.
1e8
E 3ss
Decurions
12*1-91
formed and establish in their places substitutes who are

adequate for the public welfare.
Given on the eighth day before the ides of August at Constantinople in the year of the consulship of Antonius and Syagrius.August 6, 382.
92.171
If any person should suppose that he should entrust the

procuracy of his property to a decurion, any defense17 ' derived from any rank shall be barred, and his patrimony
which he entrusted to a decurion shall be invaded by fiscal
proscription. But that decurion who undertook this most

infamous baseness, heedless of his liberty and of his
lineage, and who ruined his legal status by his servile obsequiousness shall be subjected to the inconvenience of
deportation.
Given on the tenth day before the kalends of November at Constantinople in the year of the consulship of Antonius and Syagrius.
-October
23, 382.
93. The same Augustuses to Clearchus, Praetorian Prefect.

All decurions who have joined themselves to the splen-
dor and the confraternity of Senators, and all their children, either those who were born before or those who are
proved to have been born after their fathers became Sen-
ators, shall be sent back to their municipal councils.

year of the consulship of Antonius and Syagrius.-November 25,
382.
94. The same Augustuses to Constantianus, Vicar of the

Diocese of Pontus.
If Your Gravity should find that any persons have fled
the compulsory duties of the municipalities through furtive
imperial service or through various fraudulent ranks, and
that through corrupt solicitation of an undue honor they
have refused the service necessary to their municipalities,
you shall eliminate all delay and shall hasten to recall them
to the body of the municipal senates and to participation in
their compulsory services, and you shall not permit them to

wander forth under the plea of any office or any high rank.
Then at last they will be able to enjoy an unrestricted
honor, when they have completed all their compulsory public services and nominations and begin to possess an unconditional rank.173
ince of Mysia?4 that if they have any suitable persons

among the plebeians, they may call them to the compulsory
public services of the decurionate, in order that persons of
the status of servants,17 5 who are rich in property, may not
evade burdens for which patrimonies are required, under
the obscurity of a base name. i. In answer to the petition
of the aforesaid decurions, this concession also is added,
that decurions by birth who have fled to the various office
staffs of the provinces after the time of the sainted
Julian,17 shall be dragged back to their compulsory services as decurions, and all ambiguity shall be removed.
Given on the third day before the nones of March at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-March 5, 383.
97. The same Augustuses to Cynegius, Count of the

You shall know that, except in the Diocese of Egypt,
the provision must be observed everywhere that a decurion
shall nowhere at all enter upon the office of tax receiver or
serve as a tax farmer of the smallest impost tax. 7 7 But this
whole group of various tax leases shall be entrusted to
those professions and persons who are compelled to exercise honesty in the public accounts, under peril of their
fortunes and their lives.178
Given on the eighth day before the ides of March at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-March 8, 383.

Prefect.
Your Sublimity shall observe the regulations"'o of the
former Emperors in providing for the full performance of
98.17'
compulsory public services, if any of them had not been

discharged previously, either by supplying suitable substitutes or by retaining sons, 181 so that no municipality may
appear to suffer any loss. If any persons also should evade
their burdens as decurions under the plea of holding the

office of advocate, you shall compel them to perform all
compulsory services, which, even though they are not demanded by necessity, still are not remitted by the municipality. Furthermore, you shall also decree that, if the sons
of masters' 82 are descended from decurion ancestry, they

shall be obligated in a similar manner.
Given on the day before the kalends of February at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-January31, 383.
Given on the eighth day before the ides of April at Constantinople

in the year of the second consulship of Merobaudes and the consulship of Saturninus.-April 6, 383.
95. The same Augustuses to Eusignius, Proconsul of

Africa.
Men who are born to the municipal senates must not
take refuge in the oaths of the imperial service. But after
fifteen terms of service they shall be freed from the bonds
of their prior senate, if they prove that they performed
99.11a The same Augustuses to Hypatius, Praetorian Prefect.

(After other matters.) The order's4 with which men of
the Jewish faith flatter themselves and by which they are
granted immunity from the compulsory public services of
decurions shall be rescinded, since not even clerics are free
imperial service assiduously for three lustrums and did not

fail in the necessities of war or in military duties.
Given on the fourth day before the kalends of March at Milan
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-February26, 383.

Concession has been made to the decurions of the ProvCJ 10, 32, 34.
172 exceptio, a defense
174 Possibly Moesia. Cf. 7, 17, 1, n. 2.

175 personae famulantium, apparently artisans who were in a
sense servants of the municipalities, since their labor was conscripted.

17 Julian died in 363, twenty years before the issuance of this
constitution. Cf. Min. Sen., n. 24.
177 vectigal.
178 Tax receivers and tax farmers or publicans were subject to
capital punishment and confiscation of their fortunes for any malfeasance in office.
179 CJ 10, 32,
171
that bars further action, a demurrer.
Procurators were regularly slaves and freedmen.

173 Subject to no further duties.
35.
180 12, I,
86-87;
12, I, 90-91,
94-
11 Of those who are obligated as decurions.

182 magistri, apparently masters of studies or teachers, 13,
3.
1sa CJ 1, 9, 5.
E 356 ]
Decurions
to deliver themselves to divine service until they have discharged all the service due to their municipalities. If any
person, therefore, is truly dedicated to God, he shall provide another person with his own property and thus establish him to complete his compulsory public services for him.
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-April 18, 383.
oo. The same Augustuses to Hypatius, Praetorian Prefect.

All persons of the birth status of decurions who have
inserted themselves into various grades of the imperial
service must be returned to their own senates, except those
persons who are aided by the authority of the ancient
law,18 4 which established a fixed number of terms of service even for men of the palatine service.185
Given on the thirteenth day before the kalends of May at Milan
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-April ig (18), 383.
ioi.'**
The same Augustuses to Basilius, Count of the
In accordance with the example of the Senatorial Order,

each person shall follow the birth status of his father as a
decurion. Specially granted rescripts shall not be valid, if
any person should defend himself by the birth status of his
mother and should perhaps obtain permission to be transferred from a larger municipal council to a smaller one,
and no ground of defense'. shall be permitted to be
claimed 1 in accordance with the custom of any province.
Given on the sixteenth day before the kalends of July at Rome in
of Saturninus.-June i6, 383.
The same Augustuses to Posturnianus, Praetorian

Prefect for the second time.""9
Whenever any persons attempt to impetrate anything
for themselves in accordance with Our rescripts, if they
are either held obligated to a municipal council by birth
102."8
status or if they are designated for such service by a judg-
ment rendered between the parties,19 0 they shall receive no

hope at all of evading their duties as decurions under the
defense of a sacred imperial order."'1
12-1-107
104. The same Augustuses to Postumianus, Praetorian

Prefect.
Decurions who prefer to serve the Church rather than

the municipal councils, if they wish to be what they pretend, shall hold in contempt those goods which they
stealthily withdraw. For We do not free them"'4 under any
other terms except that they shall have no regard for their
patrimony. Indeed, it is not seemly for spirits bound by

divine worship to be occupied by desire for patrimonies.
Given on the seventh day before the ides of November at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-November 7, 383.
Because of the scarcity of decurions at Edessa, Our

sainted ancestors decreed"' that the children of the chiefs
of the office staff of the governor' 96 of the Province of
Osroena, if there should be one child each, shall be joined

to the decurions of the aforesaid municipality. If there
should be two children each, such abundant offspring'9 7
shall be divided, and one shall be given to the imperial

service, but one shall be joined to the municipal council.
Since this is true, We order, both by the present law and

by the previous one 9 5 which is still in force, that if any
persons whatsoever should hereafter come, or should be
proved to have come, by the order of succession in the imperial service, to the position of chief of office staff, even
though they should suppose that they could withdraw from
the compulsory public services of chiefs of office staff by
some clever trick, they shall deliver their children to the
aforesaid municipal council, and they shall divide their
offspring with the City of Edessa to the profit of that municipality. If these children also should already be bound
by any oaths of service, in violation of this law, before

their fathers became chiefs of office staffs, they shall be
dragged back and joined to the aforesaid municipal council.
Given on the day before the nones of May at Constantinoplein the
year of the consulship of Richomer and Clearchus.-May 6, 384.
Given on the fourteenth day before the kalends of August at

Constantinople in the year of the second consulship of Merobaudes
and the consulship of Saturninus.-July i, 383.
io6. The same Augustuses to Cynegius, Praetorian Prefect.

If any decurions have fulfilled provincial honors, 9 8 they
are held to the full performance of those duties which they
owe to their municipalities.
1o3. The same Augustuses to Proculus, Count of the
Given on. the eighth day before the ides of July at Heracleain the
year of the consulship of Richomer and Clearchus.-July 8, 384.
Orient.
Each and every person who undertakes the compulsory

public service of chief civil priest of Syrial92 must do so
of his own free will and not by the imposition of any compulsion.
Given'9e on the sixth day before the kalends of August at Salamaria in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-July 27, 383.
185 service even for men of the armed services as well as the
palatine service, Seeck, 7, I, 6; 12, I, 82.
186 CJ 10, 32, 36.
187 referri, cited in court, referred to the Emperor for decision.
s CJ 10, 32, 37.
189 for the second time; omitted in 7, 2, r, and in the other constitutions issued to Postumianus.
190 The municipal council and the person obligated to it.
191 By citing any privileges acquired by rescript, Min. Sen., n. 25.
192 Syriarchia.
193 Posted, G.
If any person should succeed a decurion, either as statutory heir or as heir chosen by testament or by any degree
of kinship, or if he should exist as a beneficiary of a

trust"' or as legatee by the will of such deceased decurion,
or if he should perhaps be enriched by the generosity of
the decurion during his lifetime, and if his legal status customarily exempts him from the bond of the municipal
council, he shall know that he will be held by a pecuniary
tax assessment to the amount of a denarismus or an

From their obligations to the municipal councils.
196
12, 1, 79.
praeses.
197 One of the many indications of the uniformly small
families
194
195
of the time. Cf. 7, 22, II, n. 31.

198 Have held provincial offices.
E 357 1
199 fideicommissarius.
Decurions
12*1*107
2 00
uncia,
in the name of the author of his right, only for
that part of the patrimony to which he succeeded.
order that these commands may not perhaps be frustrated

by the collusion of the decurions, the senates of every municipality shall know that they will be fined thirty pounds
of gold if they do not insist, with sedulous complaints, on
demanding back their own decurions.
lo8.202 The same Augustuses to Cynegius, Praetorian Prefect.

No apparitor shall be delivered to a municipal council
under the guise and assessment of a penalty, except a person who, perhaps, flees the municipal council and begins
to perform imperial service so that he may not have to
perform the duties to which he was born. Therefore, you
shall admonish all judges whatsoever who are subject to
your jurisdiction that no one of them shall suppose that
any person shall be assigned to a municipal council in lieu
of a punishment, since, in any case, not an honor, but a
penalty must accompany every criminal.
of Bauto.-May 28, 385.
201
Given on the day before the kalends of September at Verona in
the year of the consulship of Richomer and Clearchus.-August 31,
384.
Given on the eighth day before the ides of November at Constantinople in the year of the consulship of Richomer and Clearchus.November 6, 384.

It is Our will that no persons shall be compelled to perform the office of superintendent of the public games 20 3 if
they are unwilling and that all things must be referred to
that status in which they are now found. Therefore, if any
decurions have fully discharged all their compulsory services and have left no honorable duty which they appear to
owe to their municipality, to the extent only of that kind
of compulsory service and similar services that were consonant with the status of their lineage, after they have
paid to their municipality all the services that the public
welfare demands, even though they should perhaps be unwilling to present2 04 the games, nevertheless they shall be
compelled to present them on account of their legal status,
and205 they shall enjoy the rank of ex-count 20 which has
been granted to them generally and in perpetuity. The
right of osculation also and the right to sit in councilo'
with the judges of the provinces shall be granted to them.
1o9.
Given on the sixth day before the kalends of May in the year of
Bauto.-April 26, 385.
Tro. The same Augustuses to Neoterius, Praetorian Prefect.

The municipal senate shall reclaim before its own
judge2 0s all the decurions who are due to it, since, indeed,
no more suitable forum for each person can be named
than that of his municipality. If, however, any decurion
should govern a province, he shall understand that entry
to the rank of Senator is barred to him unless he shall first
discharge whatever service he owes to his municipality. In
200 ad denarismum sive uncias. Or: according to the tax of the
denarius or the ounce (uncia). The nature and amount of this tax
are obscure. The uncia was an ounce, possibly an ounce of gold in
this passage. The denarius was worth i/6000 of a solidus or about
1/12 of one cent U.S.A.,
1950. Cf. 12, I, 123; 12, 4, I;
Nov. Th.
CJ 1o, 35-36; Du Cange s.v. denarismius.

The place of issue cannot be harmonized with the inscription.
202 12, 1, 66; CJ 10, 32, 38.
203 agonothesia.
204 praesidere, to preside at, Seeck.
205 In order that, G., M.
206 ex-comitibus, ex-count, honorary count.
207 As a mark of honor and not as a councilor.
208 cognitor, the governor of the province as the judge ordinary.
22, 2;
iii. The same Augustuses to Cynegius, Praetorian Prefect.

No decurion at all shall have the opportunity to desert
the compulsory public services of his municipality by substituting his son or any other person, but every person
whatever who insinuates himself into the Senatorial Order
by leaving his son or a substitute in any municipality shall
be obligated to his own compulsory public services as well
as those of his substitute, and he shall be compelled to
undergo enormous expenses from his patrimony in both
places, 209 under the title of compulsory public services.
the year of the consulship of Emperor Designate Honorius and of
Evodius.-April 30, 386.
I12. The same Augustuses to Florentius, Augustal Prefect.
In obtaining the office of chief civil priest,2 1 0 that person shall be considered preferable who has performed the
most services for his municipality, and who has not, however, withdrawn from the cult of the temples by his observance of Christianity.211 Indeed it is unseemly, and
further, that We may speak more truly, it is illicit, for the
temples and the customary rites of the temples to belong to
the care of those persons whose conscience is imbued with
the true doctrine of divine religion, 211 and who ought properly to flee such compulsory public service, even if they
were not prohibited by lw from performing it.
Issued on the sixteenth day before the kalends of July at Constantinople in the year of the consulship of Emperor Designate Honorius and of Evodius.-June 16, 386.
113. The same Augustuses to all the Counts and Masters

of the Horse and Foot.
The Most Noble dukes, tribunes, and provosts shall be
admonished, and Your Illustrious Magnificence shall decree that all deserters21 2 shall be recalled to their pristine
birth status, whether they are dedicated to the various
office staffs or have delivered themselves to the oaths of
military service. No person shall be protected by the plea
of length of years, and no one shall defend his action2 13
by an unsuitable usurpation, provided that his father and
grandfather were decurions. The municipal senates also
shall remember that they are subject to condemnation and
to peril if they should not, by the authority of this statute,
return the aforesaid deserters, in whatever places they are
found, even if they should struggle and offer resistance.
Given on the third day before the nones of September at Valentia
of Evodius.-September 3, 386.214
201
209 In the Senate and in the municipal council.

210 archierosyna.
211 Evidence of the vigorous survival of paganism.
212 From the municipal senates.
213 status, M.
214 8, 5, 49.
E 358 1
12*1*121
Decurions
I14.215
The same Augustuses to Eusignius, Praetorian
Prefect.
If decurions should suppose that they can be protected
by the privilege of Our household, 2 1 6 they shall be dragged
back to the municipal councils and delivered to the performance of their own compulsory duties, and they shall
restore the losses of their municipalities. 2 17 If, however,
any of these persons should be discovered to owe anything to Our divine imperial household, he shall pay it.
Given on the eighth day before the kalends of January in the year
of the consulship of Emperor Designate Honorius and of Evodius.December 25, 386.

Clerics who belong to municipal councils shall know that
if they wish themselves to remain exempt from services,
by their patrimony they must make others adequate to replace their presence and their persons in undergoing compulsory public services, when they withdraw to the Church.
of Evodius.-December 31, 386.
If any persons of the birth status of decurions should be
induced by the love of glory and of industry to the pleading of cases, they shall render to the municipalities to
which they were born their due compulsory services, and
they shall not defend themselves by the prerogative of a
useless218 title,2 19 since, indeed, they are able more easily
to perform their compulsory public services if, at that
time at which they are pleading cases, they sustain their
compulsory public duty with the assistance of their industry.
Given on the sixth day before the kalends of April at Constantinople in the year of the third consulship of Valentinian Augustus
and the consulship of Eutropius.-March 27, 387.

If any chief decurion or decurion should be found to be
an embezzler of the public funds or fraudulent in illicit
tax assessments or excessive in the exaction of taxes, in
accordance with the pristine custom he shall be subjected
to the blows of lashes tipped with lead, not only by you,
who are entrusted with the highest authority because of
the rank of your position, but also by the judges ordinary.'
Given on the day before the kalends221 of April at Constantinople

consulship of Eutropius.-March31, 387.
A decurion shall not change, by patronage and corrupt
solicitation, the lot which he attained at birth, and if he
10, 32, 39.

The privileges of those connected with the property or services
of the imperial household.
217 Caused by the desertion of the decurions.
218 arrogant, M.
219 Of advocates, to whom special privileges were granted. since
indeed it is easier to obey, if they sustain, M. The text of this constitution is doubtful and the meaning obscure.
21. CJ
should be able to retire223 because of old age, he shall not

leave the municipal council, because of the regular order
of service 22 4 which is customarily completed speedily by a
very great number of decurions.
i. We also command, by the repetition of a previous
law,22 . that no man of the rank of decurion shall substitute his son in his own place and protect himself in his
leisure by the dignity of the Senatorial name. But if any
person hereafter should dare to aspire to an undue honor,
he shall be removed by the authority of the judge ordinary4
and returned to his municipality and his fellow citizens.
the year of the third consulship of Valentinian Augustus and the
consulship of Eutropius.-July 6, 387.

We have learned that the decurions of the towns and
of the public post stations of Claudiopolis, Prusias, Tottaus, and Doris throughout Bithynia, are eluding their
compulsory public services by flight, and We order that
they shall first be summoned by edicts to restore themselves to the services of their municipalities and to the municipalities to which they were born. But if, even after
this public admonition, they should prefer a life of flight
and disloyalty, then from any suitable groups,226 and preferably from those persons who have completed approved
imperial service in the office of Your Sublimity, substitutes shall be chosen in place of the fugitives, and such substitutes shall also obtain the patrimonies of those whose
compulsory duties they undergo. Those persons who have,
by their own wish, deserted their municipalities, shall have
this destiny, that they shall be forever deprived of that
municipality to which they contributed no advantage. 227
Given on the eleventh day before the kalends of July at Scupi in
consulship of Cynegius.-June 21, 388.

By letters given to the Illustrious master228 of offices
and to the count 228 of the sacred and private imperial treasuries, We have ordered that all persons who aspire in a
like manner to undue imperial service shall be released
from the imperial service and shall be chosen as substitutes for 2 2 9 their own municipal senates and duties.
Given on the sixteenth day before the kalends of January at Milan
in the year of the consulship of Timasius and Promotus.-December
17, 389.

If any person of the order of decurions, before the second consulship of My Clemency, 230 has either achieved the
exalted rank of priest or has performed the service of
deacon or has undertaken the duty of exorcist, all his patrimony shall be held exempt and free from the bonds of
decurions. But if any person should betake himself to re121.
216
220
CJ
10, 32, 40.
222
CJ
10, 32, 41.
221
The kalends of April, ms. V.
vacare, often applied to temporary retirement, subject to recall.

ordinatiO, regular order of service, transaction of official
business.
223
224
225 12, 1,
III.
226 suitable substitutes shall be

227 As decurions.
229 12, I, 134. have substitutes
230
chosen from each of the groups, M.

228 masters, counts, M.
chosen for; be restored to, G.
In 388, two years before this constitution.
C359 1
Decurions
12*1-121
ligious duties of divine worship, under any title whatsoever, after the prescribed time of the aforesaid consulship,
he shall know that all his patrimony must be surrendered.
consulship of Neoterius.-June 17, 390.

Those persons on whom We have conferred splendid
magistracies and whom We have adorned with the insignia of high rank, if they do not have a municipal council
to which they are bound by the tie of kinship2 " 1 or the bond
of blood, shall be coopted into the Most Glorious Senatorial Order and that Most Noble Senate house. But the
arrangement shall be different in the case of those persons
122.
who began to be decurions immediately when they were
born. For such persons, indeed, shall enjoy the prerogative of the rank which has been bestowed, and they shall
be adorned with the splendor of the honor that is granted
to them, but they shall remain in the bosom of their municipalities, and as if dedicated to their sacred fillets, they
shall guard the perennial mystery ;232 it shall be an inexpiable sin for them to depart. In regard to their sons,
moreover, adequate provision has been made that they
shall remain in their ancestral municipal councils, since
the license to depart has been taken from their fathers.
Given on the fourth day before the nones of September at Verona
the consulship of Neoterius.-September 2, 390.

The evident authority of Our sanctions 238 has previously
been issued in regard to those persons who have deserted
the municipal councils and have either acquired the rank
of Senator or by the plea of Christianity234 have separated
themselves from the association of decurions, to the effect
that, if such persons were protected either by rank or by
religion, the property from their holdings as decurions
which they either retain themselves or which they transfer
to others should be held obligated to public assessment.
I. A definite time limit was also defined by Our regulation,23 3 stating from what consulship they shall know that
they must cede all their patrimony to the municipal council, if they should flee from the decurionate to the Church.
2. If any property of decurions should come to any person whatsoever on various occasions of bounty, such property shall be held obligated to the denarismus, or uncial
tax,'2 35 in that portion which is held in the name of the
author of such generosity.
3. But if any persons should obtain any honors and
thereby should exchange their titles by birth23 6 for such
rank, after their attainment of such honors We hold them
obligated also to those compulsory public services which
they are proved to owe to their municipalities. 4. Moreover, there is a manifest decree of Our sanction 2 3 7 in regard to the sons of such persons, and since this sanction
does not grant to the fathers permission to withdraw from
123.
231
232
by the tie of compulsory public service, M.

The decurionate is thus hallowed with the sanctity and mystery
of religion, 12, 5, 3, n. 7.
233 12, I,
236
As
121-122.
decurions.
234
As clerics.
86;
237 12, I,
235 12, I,
12,
I, 122.
07, n.
200.
their municipalities, it cannot free the sons from the compulsory public services of the municipal council.
5. If, moreover, any persons should be occupied in divine worship and in giving service to the sacrosanct mysteries, if they should rely on the statutory succession of
sons, and if their sons up to this time hold no position in
the Church and are not protected by those offices which are
included in the laws, 23 3 We decree that such sons must
serve the municipal councils with the property of their
fathers.
6. The municipal council shall vindicate for itself ownerless and unoccupied estates, as We have clearly indicated, if
there are no natural successors to such estates, 23 8 and it
shall have the solace of the property, since it lacks the
proper number of persons for the performance of its compulsory services.
Given on the fifth day before the kalends of August at Constantinople in the year of the consulship of Tatianus and Symmachus.
-July 28, 391.
Emperors Theodosius, Arcadius, and Honorius Augustuses to Philoxenus, Vicar of Thrace.

If any person by the lot of fate should lose the daughter
of a decurion or a chief decurion whom he has joined to
himself as consort, if there should be no children living,
if the husband should acquire the inheritance by the last
will of his wife, and if he is not connected with any offices
and is not assisted by any privileges by which he can be
justly exempted, he shall be immediately delivered to the
municipal council of that municipality in which previously,
during the lifetime of his wife, he was free, without the
ownership and possession of her property, but in which he
begins, as his wife's heir, to possess that property of hers
which is obligated to the municipal council.
124."'

INTERPRETATION: If any man should marry the daughter
of a decurion, if this daughter should die during the marriage, and if all the property which the aforesaid woman
appeared to possess should come to the husband by the will
of her testament, said husband who is her heir shall be held
obligated to all the compulsory services of the municipal
council.
125.
The same Augustuses to Victorius, Proconsul of
Asia.
We abolish the privilege of military service with which
military accountants flatter themselves, and We command
that any person who is clearly proved to be descended from
a father who was a decurion shall be immediately delivered
to the performance of the compulsory services that are due
to his birth status.
Given on the eighth day before the kalends of May at Constantinople in the year of the second consulship of Arcadius Augustus
126.240 The same Augustuses to Potamius, Augustal Prefect.

Chief decurions who are loyal 241 and who owe nothing
shall have the privilege that they shall not suffer any cor238 5, 2, I.
240 12, I: 8o,
241
85,
289 Brev. 12,

117, 127.
1, 7.
devoti, the regular term for those persons who are prompt in
their tax payments.
[ 360 I
Decurions
poral indignities, and Your Experience shall know that
unless this general rule of Our command is observed, both
your office staff and the judicial authority itself of your
office shall be subjected to the published penalty.
Given on the tenth day before the kplends of July at Constantinople in the year of the second consulship of Arcadius Augustus and
the consulship of Rufinus.-June 22, 392.

If any person should fulfill all his duties in the regular
order and should obtain the first place in his municipal
council, while other members are of lesser rank, he shall
have the rank of count of the third order, under such conditions that the rank granted to him shall protect him from
all outrages, but with the further condition that the persons endowed with this honor shall not withdraw from the
bonds of their own birth status.
127.
12-1-134
If any decurion, after the full performance of all his

compulsory public services, should choose to pass to the
Senatorial Order, he shall know that all his property will
always be obligated to the municipal council, in order that
by means of such property a suitable person can be substituted for him. 246
131. The same Augustuses to Aurelianus, Praetorian Pre-
fect. 24 8
It is Our pleasure that the ancient custom of payment

shall be observed with reference to heating the baths at
Antioch. For it is agreed that whatever demands are
proved to have been added by Tatianus shall be properly
annulled.
Given on the day before the kalends of July at Constantinople in

the year of the second consulship of Arcadius Augustus and the
consulship of Rufinus.-June 30, 392.
The same Augustuses to Abundantius, Count and

Master of Both Branches of the Military Service.
Military men shall have nothing in common with the
municipal councils; they shall know that nothing is permitted to them which is not subject to their authority. No
one of them, whether he be tribune or duke or count, shall
inflict any outrage, blows, or severe treatment upon any
decurion or chief decurion. If any such military man
should hereafter be of such rash, lawless, and unconsidered
daring that he should treat any chief decurions with such
unauthorized outrage, he shall know that he will be fined
ten pounds of gold.
132. The same Augustuses to Aurelianus, Praetorian Prefect. 248

If three male children should be born to any decurion,
he shall not be prohibited from giving one of them to the
Senate.
128.242
Given on the day before the kalends of August at Constantinople

consulship of Rufinus.-July 31, 392.

(After other matters.) If any person from a municipal
council should be made Senator or if any such person while
still a decurion should enter the imperial service, he shall
be restored and bound to that compulsory service which he
had evaded. Furthermore, We also command that if any
man has been advanced by the honor of administrative office obtained by various kinds of corrupt solicitation and
patronage, he shall be compelled to assume the compulsory
public services which he had deserted, but in such a way
that he shall not forfeit the honor which he had obtained.
On the other hand, he shall not fail the compulsory service
which he had forsaken, and provision must be made that no
man who is born to a municipal council shall aspire to participation in the Senatorial dignity, since he shall see for
himself that it has been prescribed both by the past 2 43 and
the present regulations that any favoritism to him of his
municipal council, 2 44 whether dishonestly sought after or
obtained by entreaty, shall be of no advantage to him.
129.
Given on the tenth day before the kalends of December at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-November 22, 392.
130. The same Augustuses

City.
245
to Aurelianus, Prefect of the
Given on the sixth day before the ides of March at Constantinople

consulship of Abundantius.-March io (February 27), 393.247
133.249 The same Augustuses to Silvanus, Duke and Gov-
ernor1
CJ
10, 32, 42.

243 12, I: 82, 90,
performance of the compulsory public services of decurions. But if any such person has no substance of private
property, he shall not be forbidden to enter the imperial
service as an apparitor.
Given on the sixth day before the kalends of April at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-March 27, 393.
You shall not hesitate to restore to their compulsory
public services all men who are obligated by the fact that
they are of the blood of decurions but who have betaken
themselves to the various privileges of office staffs and to

the prejudicial advantages2
51
accruing to them from ad-
ministrative service. Also if any persons are said to have

obtained high rank, you shall decide that they must be
chosen as substitutes for 2 29 the performance of their due
compulsory services, but that they shall retain the privileges of their rank. A sentence must be pronounced which
will not spare those persons who are defended by the
obscurity of their service on gubernatorial office staffs and
those who are not 2 52 bound by any compulsory service of
the duties of shipmasters. With reference to this matter,
a decurion.
247 1, 1, 3, n.* i.
249 J 12, 59, 4.
250 CJ 10, 32,
43.
251 Advantages that would prejudice the claims of the
municipal
councils.
As
248
93, III, I1, 122, 123 and others.

Or: any special privilege of this Order (the Senate).
245 Should be: Emperors Theodosius, Arcadius, and Honorius
Augustuses.
244
of the Border of Tripolis.
If anyone from the number of plebeians, in the presence

of the senate of any municipality, should be proved to be
suitable because of his ownership of farms and money, he
shall be added to those persons that are obligated to the
246
242
23
252 Delete: not, M.
[ 361
Decurions
12*1*134
the sentence of the judge must be extended to the point

that, since such men have begun to hold the fields of
decurions under various titles, they must understand that
for the performance of such compulsory services, they
must be chosen as substitutes in the place of those persons
whose patrimonies they have appropriated to themselves,
either by holding them or by living on them, unless they are
defended by the privileges of imperial service, by the patronage of high rank, or by the infirmities of age.
Given on the day before the ides of April at Constantinople in the
year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-April 12, 393.

No decurion shall receive a temporary exemption from
his duties, unless perchance Our annotation should make
such grant on the basis of true and approved reasons.
1 3 5 .253

consulship of Abundantius.-June 4, 393.

It cannot be lawful for men who are obligated to the
municipal councils either to deny or to shun those duties
which they cannot evade, but the municipal councils shall
not be free to demand those persons whom they are not
able to obtain when they are defended by their just privileges.
Given on the ninth day before the kalends of July at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-June 23, 393.
137.54 The same Augustuses to Rufinus, Praetorian Pre-
fect.
We command that if any men are held obligated to the
decurions either by birth or by actual service, they shall be
dragged back from the imperial service and from all office staffs whatever, and We do not allow either rescripts
or annotations to assist them in their flight from their
compulsory public services. We further command that
residents2 55 also and men free from other compulsory services shall be constrained to this duty, provided, however,
that they are suitable.
i. Of course, no man shall be bound solely by the ties of
his maternal ancestry, because the frailty of women has
never rendered their children subject 'to such compulsory
services from which the women themselves are considered
exempt.
Given on the fifth day before the ides of August at Constantinople
consulship of Abundantius.-August 9, 393.
138. The same Augustuses to Aurelianus, Praetorian Prefect.2 56

If decurions have attained an honorary dignity by the
degree of their merits, they shall not be subject to the tax
payment of horses, and the Senatorial glebal tax shall not
be required of those who have not thus been made liable. 25 7
Given on the sixth day before the ides of December at Constantinople in the year of the third consulship of Theodosius Augustus
and the consulship of Abundantius.-December 8, 393.
258 CJ 10, 45, 1.
254
255 Of the various municipalities.
256 Prefect of the City; 12, I, 131.
257
Add: by the law, M.
CJ

If any men are obligated to their municipal councils but
are employed in the imperial service, they shall be immediately restored to their compulsory municipal duties. In this
matter Your Sublime Authority shall provide that each
municipality shall refer each name of such persons to your
office, in order that no man may be sheltered by the connivance of those persons who make the reports, and in order that2 8 all shall be restored without any frustrative device, so that together with all their posterity they may
perform the compulsory public services of their municipal
councils. It is Our will that this regulation shall be observed as so fixed and inviolable that no authority and,
finally, no annotation shall be heard against it. But if any
such person should pass to extraneous office staffs," 9 all
his substance shall be held under the jurisdiction and possession of the municipal council.
Given on the third day before the kalends of June at Constantinople in the year of the third consulship of Arcadius Augustus and
the second consulship of Honorius Augustus.-May 30, 394.260

Men who are most worthy in merit and in property
qualifications shall be chosen to undertake the compulsory
public services of their municipalities, in order that men
may not perchance be nominated who are of such character
that they may not be able to fulfill the compulsory public
services.
140.261
Given on the thirteenth day before the kalends of February in the

year of the consulship of Olybrius and Probinus.-January20, 395;
397; 399.262
141. The same Augustuses to Ennoius, Proconsul of

Africa.
It is Our will that the regulations 263 that were established in antiquity with reference to the rights of residence shall remain undisturbed.
in the year of the consulship of Olybrius and Probinus.-May 16,
395.
142.264 The same Augustuses to Ennoius, Proconsul of

Africa.
The general rule with reference to nominations must not
be unstable. 26 5 If all those persons contained on the official list of the municipal council are not able to be present,
the absence of a few, whether necessary or accidental, shall
not invalidate that which was salutarily decided by the
majority of the municipal senate, since two thirds of the
senate present in the city shall represent the entire municipal council. (Etc.)
395.
143.266 The same Augustuses to Ennoius, Proconsul of

Africa.
We observe that an intolerably fraudulent practice of
258 Omit:
260
in order that, M.
I, 13, I, n. 3.
259
In other provinces.
12, I, 148; CJ 10, 32, 46.

282 The date is suspect since the other constitutions issued to
261
Theodorus as Praetorian Prefect of Italy begin in 397. He had

10, 32, 43-44.
held a previous prefecture in Gaul, to which these laws are referred

by Tillemont.
263 12, 1: 5, 12, 46, 52, 77, 137.
264 CJ 1o, 32, 45.
265 vaccillare, waver, vary, be unstable.
266 12, 1, 144.
[: 362
Decurions
the citizens is progressing at the expense of the municipalities, since decurions are evading the compulsory public
2
services of the municipalities, either by going abroadm
1 or
by employing corrupt solicitation whereby they enter the
imperial service. Therefore, if they should not return to
their municipal councils within five years, We decree that
their property shall be assigned to the municipal councils,
for performing the compulsory public services and bearing
the burdens of the municipalities.
in the year of the consulship of Olybrius and Probinus.-May T6,
395.
I44-268 The same Augustuses to Ennoius, Proconsul of
Africa.
In order that decurions may not wander abroad26 7 for a
long time or join the imperial service, to the fraud of the
municipalities, unless they return to their own municipalities within five years, their property shall be assigned to
their municipal councils for performing the compulsory
public services and bearing the burdens of their municipalities.

395.
145. The same Augustuses to Ennoius, Proconsul of

Africa.
It is Our pleasure that those who have been civil
priests155 of Africa shall be restored to Carthage, and at
their own discretion they shall preside over the production
of the games, with the favor of the populace. In making
this regulation, We renew the special grant of imperial
favor of Our sainted father. 2 69
395.
146. The same Augustuses to Dexter, Praetorian Prefect.

We observe that many men are hiding under the shadow
of powerful men, in order that they may defraud their
municipalities of the services which they owe. Therefore,
a fine must be established to the effect that if any man
should violate the general rule of the prescribed law, he
shall be forced to pay to Our fisc five pounds of gold for
each decurion and one pound for each member of a guild.
Therefore, they shall expel all such men whom they harbor, lest Our Clemency should be aroused to greater indignation on account of the contumacy of those who disregard Our law.
395.
147. The same Augustuses2
to Palladius, Praetorian
Prefect.
If any man is proved to be a decurion through his father
and other ancestors and is shown to have entered the armed
imperial service under any circumstances, he shall be ab70
12-1-149
solved from his military oath, as has been established, 7

and he shall be recalled to his compulsory municipal services.
i. Furthermore, if any such men are retained in the
membership of the palatine office staffs, they shall be removed from the official registers and sent under escort to
their own cities. 2. If any decurion is found lingering
among the praetorian apparitors under similar conditions,
he shall be dispatched to his ancestral municipality.
3. We also bind the other ministries and palatine offices with the same general rule of law, so that if any decurion should be found among them, he shall be stripped
of his official military cincture and restored to the compulsory services of his municipality. (Etc.)
Given on the fifth day before the ides of September at Ravenna

Prefect.
Whenever a public discussion is held, according to custom, for the purpose of nominating a civil priest of a
province, the same2 73 decree is issued by Our Authority,
namely,27 8 that the men most worthy in merit and in
property qualifications shall be chosen for undertaking
such compulsory public services of their municipalities,
and men shall not be nominated of such a kind that they
are not able to fulfill the required duties.
Given on the fourth day before the kalends of October at Milan
in the year of the consulship of Olybrius and Probinus.-September
28, 395; 397-399; January 20, 399.
I49274 The same Augustuses to their own dear friend
Ennoius, Greetings.
To the ruin of the municipal councils, the decurions are
seeking to divest themselves of their obligations, and by
all sorts of pretexts of patrimony, however acquired, they
wish to change their own birth status by assuming the burdens of shipmasters. In this situation, since We are not
able to restrain such actions entirely, We make a reasonable distinction. Therefore, a municipality shall not lose
the citizen whom it bore, but the patrimony which comes
from the order of shipmasters shall deliver27 5 the man
whom it enriches, in proportion to the measure of such
enrichment, because no man is compelled to purchase anything or to accept a gift or to enter upon a disadvantageous
inheritance, since in deliberations with respect to future
unions, 276 provision is made also for the interests of heirs.
Therefore, Your Sublimity in expediting the performance
of compulsory public services shall permit no man to
withdraw from his parent, the municipal council. You shall
also provide both that the order of Our municipal councils
shall be rendered safe from damage and that the patri-
monies of shipmasters shall not be lost, but both statuses

of public service shall be kept safe.
Given on the seventh day before the kalends of January in the
year of the consulship of Olybrius and Probinus.-December26, 395.
267 Into other municipalities or provinces.
271
268 12, I,
272 12,
143.
269 Theodosius the Great. The reference to the constitution is

uncertain.
270 Should be: Honorius and Theodosius Augustuses. This constitution is out of the chronological order and should have been
placed after 182.
In
12,
I, IO,
154, 181, and others.
1, 140; CJ 10, 32, 46.

273 Omit: same, namely, M.
274 CJ 6, 30, 16. Ennoius was Proconsul of Africa.
275 To the duties of the order. Or: the patrimony
delivered by the man.

278 conjunctiones, marriages, G.
E 363 :
shall be
Decurions
12-1*150
150.277 The same Augustuses to Caesarius, Praetorian Prefect.

Decurions who have obtained the rank of honorary count
shall fear those persons to whose government they are
committed, and they must not suppose that they have acquired their dignity in order that they may despise the
orders of the judges.4 If they should persist in the aforesaid fault, they shall be subjected and obligated to a fine
of five pounds of gold, and they shall also be stripped of
the honor which they have betrayed.
Given on the fourth day before the kalends of January at Constantinople in the year of the consulship of Olybrius and Probinus.
-December
29, 395.
151.*17 The same Augustuses to Petronius, Vicar of Spain.
It is Our will that municipal records shall not be made

otherwise than in the presence of three decurions, in addition to the magistrate34 and the public secretary, and this
number shall always be observed in the aforesaid attestation of the records. For thus no opportunity shall arise for
fraud, and the truth shall acquire greater authority.2 79
Given on the nones of May at Milan in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius
Augustus.-May 7, 396.
[INTERPRETATION
:] This law does not require any in-
terpretation.
The same Augustuses to Africanus, Prefect of the
City.
No man of the order of advocates shall undertake provincial services. 281' Thus, of course, access to such services shall be barred to those persons who employ corrupt
solicitation, and all compulsion shall be removed from those
who are unwilling.
152.280
Posted at Constantinople on the third day before 282 the nones of

August in the year of the fourth consulship of Arcadius Augustus

City.
Some decurions obtain honorary discharges as ex-members of the imperial bodyguard or of the household troops,
or any other kind of discharges. Therefore, whereas provision has been made by a previous law 28 3 that such persons
shall retain the rank thus obtained by entreaty but that on
such grounds they shall not refuse any obligation to their
municipalities, now, on fuller consideration, We completely
deprive such men of the pretexts28 4 of this honor. Thus if
any man should obtain such an honor, he shall be considered as though he had impetrated nothing, and he shall
not be protected on this account from any compulsory public service of a menial nature or of the least importance
or from blows inflicted by judicial correction, provided that
his personal status allows such treatment.
21, 397.
277
279
CJ

21, 397.

City.
(After other matters.) Because any person received into
the Most Glorious Order2 86 must not be deprived of his
dignities, We decree that if any man should fully perform
his burdensome services as a decurion or should impetrate
the insignia of the honors derived from administrative positionssl or from any other dignities, he shall himself be
decorated with such insignia; but his children and all his
succession shall not escape the bonds of the decurionate by
interposing the defense of their father's rank, unless perchance such descendant should be born from a father already a Senator and should himself be adjoined to the
confraternity of the nobler Senate. It shall also be right
to exempt the children of Illustrious men, provided they
have not surrendered their fathers' virtue by ignoble ease
and sloth. However, in the case of those persons who obtained high rank before the completion of their compulsory
services as decurions, We grant, by Our special humanity,
that if they prefer, they shall not be forbidden to perform
through substitutes the burdens that are imposed upon
them by their municipalities. The legal status 287 of the
substitute performing such service shall not be questioned,
provided only that there is no refusal to perform the services due. (Etc.)
21, 397-

City.
(After other matters.) All orders, guilds, centurions,

2 8
and whatever organized groups there are everywhere . . .
shall be generally bound to the performance of their compulsory public services and duties in such a way that they
shall know that impetrated testimonial letters shall not
confer any honor, any privilege, any exemption upon them.
(Etc.)
21, 397-
10, 32, 47.
Brev. 12, I, 8; Nov. Val. 13.

Or: municipal proceedings shall not be conducted otherwise
278
. attestation of the proceedings.

280 Q
154.285 The same Augustuses to Florentinus, Prefect of
the City.
(After other matters.) If any decurion should ever
prefer palatine service or the armed imperial service to his
rightful compulsory public services, he shall not be divested
of his obligations by any privileges or finally by any period
of time, nor shall he be able to count to his credit either any
span of years or the merits of terms of imperial service;
but his municipal council shall hold him as its own and shall
defend its claim to him by the perpetual right of vindication, as one obligated to its service. (Etc.)
2,
7, 3.
281 provinciales functiones. The allusion is obscure, but since the
constitution is addressed to the prefect of the City, G. considers

that this law prohibits advocates of the court of the prefect of
the City from performing services in the provinces. Cf. 12, I, 189.
282 Given on the nones, CJ.
28" 7, 21, 3.
284 umbracula, pretexts, protection.
Prefect.
All men who are obligated by any right whatever to a
I, 147, n. 271.
286 The Senate of Rome.
persona.
288 any other name, M.; of each kind that is obligated, Seeck.
2-9 I2, I, 158; CJ 10, 32, 49; Nov. Th. 3, 6.
285 12,
287
E 364 J
12*1*16 2
Decurions
municipal council, of whatsoever superstitious belief2"o
they may be, shall be constrained to the fulfillment of their
Given on the ides of February291 at Milan in the year of the
fourth consulship of Honorius Augustus and the consulship of Eutychianus.-February13, 398.
Prefect.
We learn that most of the senates of the municipalities
throughout Apulia and Calabria are tottering on account of
persons of Jewish superstition who think 293 that they can
be protected from the necessity of performance of their
compulsory public services, in accordance with the provisions of a certain law294 that was issued in the Eastern
part of the Empire. 9 5 Therefore, by this authority We decree that if the aforesaid law exists, it shall cease to be in
effect, since it appears that it is hurtful to My part of the
Empire, and all men who are lawfully obligated in any way
to a municipal council, of whatsoever superstitious belief
they may be, shall be constrained to the fulfillment of the
compulsory public services of their municipalities.
Given on the ides of September 296 at Milan in the year of the
fourth consulship of Honorius Augustus and the consulship of Eutychianus.-September 13, 398.
159.'97 The same Augustuses to Eutychianus, Praetorian
Prefect.
Absolutely all decurions shall forever remain in their
municipal councils to which they were born and to which
they are obligated, and if any of them by means of any
fraud and corrupt solicitation should attain the government
and administration of a province, he shall know that he will
be deprived of the honor which he obtained, and he shall
not only be immediately recalled to the municipal council
by forcible seizure, 298 as it were, and shall again perform
all his compulsory public services from the beginning, but
he shall also be fined the half of his patrimony.
Given on the eighth day before the kalends of November at Constantinople in the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.-October 25, 398.
16o. The same Augustuses to Optatus, Prefect of the City.

(After other matters.) If any man from a municipal
council has been presented with an administrative post and
assigned to the Senatorial Order before the ides of November of the year of the fourth consulship of Our Lord
Honorius Augustus, the brother of My Eternity, and the
consulship of the Most Noble Eutychianus,2 99 he shall not
cease to be a Senator, of course, nor shall he be subject to
the bonds of the new law, 300 but he shall unhesitatingly
obey all the imperial commands with respect to a substitute and his property, as We formerly provided.30
Given on the eighth day before the kalends of December at Constantinople in the year of the fourth consulship of Honorius Au290 Apparently aimed at Jews and pagans.
291 September; 12, I, 158.
2.2 12, I, 157.
293 are tottering because those persons who are of Jewish superstition suppose, M.
294 I6, 8, 13.
295 An indication that the two parts of the Empire might act
independently at times.
296 February; 12, I, 157.
297 CJ 10, 32, 50.
298 manus injecta, forcible seizure, personal arrest.
299 The present year.
soo 12, 1, 159.
301 The reference is uncertain; possibly 12, I, 155.
gustus and the consulship of Eutychianus.-November 24, 398;

405; 404.302
161.803
The same Augustuses to Messala, Praetorian Pre-
fect.
(After other matters.) With penal severity We must
oppose the fraudulent practices of those men who desert
their ancestral municipal councils and by the fraud of their
shrewd machinations creep into undue positions on office
303
staffs. Although provision has been made, by the interposition of appropriate punishment, as to how the name
and honor of their imperial service should be suspended for
such men and they should be restored to their duties, nevertheless, We oppose their cupidity, in order that they may
no longer be stimulated by the hope of concealment and the
encouragement of impunity to the ruin of the municipal
councils, since such men have discovered by shrewd designs
that they can avoid the territory of their own provinces, as
though access to these districts only had been forbidden to
them, and that they can obtain leave to travel abroad. Thus
provision is made for the municipal councils which they
have deserted, from the property of those who have withdrawn themselves, either from the duties of official escort304 or from the compulsory public services of their
municipalities, by means of corrupt solicitation for positions in the imperial service previously interdicted to
them or by means of some other fraud. Therefore, if any
such men are bound by manifest bonds to the municipal
councils, if they should prefer to hide rather than to return within the limits of a year when they are summoned
by edict, and if they have not provided substitutes to perform their compulsory services for their municipalities in
their stead after the year has elapsed, as the needs of the
municipal senate may require, they shall know that upon
application to the governors30 5 of the provinces, provision
must be made out of their property for their municipal
councils which they deserted. For they cannot allege any
untimely prejudice to their interests arising from shortness of time. (Etc.)
Given on the seventeenth306 day before the kalends of September
in the year of the consulship of the Most Noble Theodorus.-August 16 (21), 399.
162.1o7 The same Augustuses to Benignus, Vicar of the

City of Rome.
In order that more men may not desert their cities and
betake themselves to the order of ragmen, Your Respectability shall restore such persons, whoever they may be and
wherever they may hide, with swift execution to the municipal councils and the guilds to which you prove that they
are due. Of course, since there exist so many laws 8 which
provide for the infliction of certain punishment upon harborers of fugitives, judges must grant execution of such
punishment and not refer the cases. 309
consulship of the Most Noble Theodorus.-December I, 399.
302 The subscription is corrupt; 2, 33, 4.
8o3 CJ 10, 32, 51; numerous laws in this title.
304 Or: both from prosecution and from. The municipal council
prosecuted members who deserted, to compel their return, 12, I, 175;
12, I, 164.
305 moderatores.
307 14, 8; 7, 14, I, n. 3.
306 Twelfth, 3,
s08 Such as 12,
09 To the Emperor.
E 365 1
1, 8.
1, 76
and 146.
12*1*163
Decurions
163."'0 The same Augustuses to Eutychianus, Praetorian

Prefect.
If any man has deserted his municipal council after the
year of the second consulship of Our sainted father"'1 and
has delivered himself to the association of clerics, he shall
remain employed in the sacred and secret mysteries of God,
provided that he has already obtained the rank of bishop,
of priest, or of deacon, but he shall either be forced to provide a substitute for himself to the municipal council or,
in accordance with the law formerly issued, 3 12 he shall deliver his property to the municipal council. All remaining
clerics, such as lectors, subdeacons, and those clerics to
whom the privileges of the clergy are not due, shall be immediately restored to the compulsory public services that
are due to their municipalities.
Given on the third day before the ides of December313 in the year
of the consulship of the Most Noble Theodorus.-December '1, 399.
164. 1? The same Augustuses to Eutychianus, Praetorian
Prefect.
If ever any man should be born of a decurion father or
should enter upon the compulsory public services of a
municipal council, and should then attain a position in the
imperial service, he shall be sued by his fellow decurions
by an action in the court of the governor 46 of the province.
He shall not be allowed to use as his defense any prescription of forum which might have validity.315 In other actions he shall have the right to use his own claims in the
court of the aforesaid governorso of the province.
313
Given on the fifth day before the kalends of January
in the year
of the consulship of the Most Noble Theodorus.-December 28, 399.
165.-s6 The same Augustuses to Eutychianus, Praetorian
Prefect.
If any Jew should be proved to be obligated to a municipal council, he shall be delivered to such municipal council.
Given on the third day before the kalends of Januarysls in the year
of the consulship of the Most Noble Theodorus.-December 30 (28),
399.

Africa.
The delegate 6 1 Mecilianus has demonstrated that in accordance with the ancient custom the sons of civil priests
should not be forced against their will into the civil priesthood. Therefore Your Laudability shall order that the
ancient custom shall be observed, in such a way that no
man shall be unduly held, and still that suitable civil priests
cannot be lacking.
Given on the day before the kalends of July at Milan in the year
of the consulship of Stilicho and Aurelianus.-June 30, 4 0 0 .317

In order that no decurion through a substitute may abstract himself from the compulsory public services of the
municipality to which he was born, We command that decurions shall be debarred from the right to supplicate Us.
o1012, I, 164-165.
311 Theodosius the Great, in 388.
312 12, 1, 121 ; Cf. 12,
, 123.
313 The date is uncertain, since Eutychianus resigned from the
praetorship between July 25 and August 27, 399.
314
12,
I,
163.
315 to use in this court .

316 12, I, 163; CJ I, 9, 10.
validity elsewhere, M.
317 1, 12, 8, n. 26.
C 366
Given on the third day before the nones of October at Constantinople in the year of the sixth consulship of Arcadius Augustus and
the consulship of Probus.-October5, 406.

We wisely provide for the senates of all the municipalities, and We confirm the statutesso' of previous Emperors,
to the effect that no man who has been delivered to the
bond of a municipal council shall dare to aspire to the enlistment oath of any imperial service whatever, or if he
should commit such a misdeed, he shall be immediately
dragged away from such imperial service and delivered to
the compulsory duties of his municipality.
Given on the fifteenth day before the kalends of June at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-May I, 409.

We gratefully admit the paymenta1 s of six hundred
solidi, whereby the taxable property belonging to the magistrates of the City of Antioch in Syria was set on a firm
footing, although it had frequently tottered. Therefore this
fair city shall continually enjoy the increase made by your
wise provision and the bounty of Our Clemency, so that by
means of this pleasure the populace may be consoled in its
sadness. 31
Given on the fifth day before the kalends of October at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-September 27,
409.
170.320 The same Augustuses to Liberius, Praetorian Prefect.

(After other matters.) We command that if any decurion should not fulfill his compulsory public services and
should attempt to evade what he was born to be, he shall
be punished with the appropriate penalty and restored to
his municipality. (Etc.)
Given on the sixth day before the kalends of December at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-November 26,
409; 412.s21
INTERPRETATION: If any decurion should not perform

the compulsory public services which he owes and should
evade his due obligation, he shall be recalled to the services
of the municipality from which he departed.
171. The same Augustuses to Dardanus, Praetorian Prefect of Gaul.

It is Our pleasure that the chief decurions of the municipal councils in Gaul shall not withdraw until they have
completed fifteen years in the administration of the duties
of their senate, and throughout this regular number of
years they shall fully express their gratitude to their municipalities. Although all such men ought to be recalled who
appear to have escaped in a short time,3 2 2 nevertheless, We
decree that moderation must be employed, and thus We
318 praebitio, payment, grant. The donor is uncertain, possibly
the Emperor or Anthemius.
329 The reference is obscure. According to G. the tristitia of the
populace was the result of the poverty of the decurions and the
consequent absence of the games.
.20 Brev. 12, I, 9.
821 8, 4, 25; 14, 7, 2.
822 brevi tempore, for a short time, briefly, recently.
12-1*17
Decurions
order only those now to return to the compulsory functions
which they evaded who are detected to have withdrawn
within the past six years. No man shall refuse to accept
the periods of time for service which are so beneficially
established, since upon the completion of all their duties
they obtain the adornments of splendor and honor.
i. Of course, since the importance of this position requires that approved men should obtain the office of chief
decurion and administer the government of the municipalities, We decree that, without prejudice to the municipal
senate and by the consent of the municipal councils, men
shall be chosen who, in consideration of all their acts, are
able to measure up to the judgment of the council.
2. But if a decurion has been promoted to the second
rank in the municipal council and has been unable to perform the duties of administration, either on account of age
or physical disability, he shall obtain the support of his
merits and a testimonial8 23 of his past life, as though he
had directed the municipal council for the statutory time, in
the capacity of a chief decurion.
Given on the seventh day before the ides of December at Ravenna
third consulship of Theodosius Augustus.324-December 7, 409; 42.
172. The same Augustuses to Herculius, Praetorian Prefect of Illyricum.

Those decisions shall be annulled which were pronounced in times past325 during investigation in the office
of Your Magnificence, to the prejudice of the municipal
councils and contrary to reasonable truth, and which,
through favoritism, absolved men who were obligated to
the municipal councils. All men shall be forced to undergo
their own fortune if they are obligated to the performance
of compulsory municipal services by the lot of their birth.
i. Furthermore, if any man under the protection of a
position as cleric has defrauded his municipality of the
compulsory public services which were due, We command
that he shall be restored under the condition that, in consideration of the period of time and his rank as a cleric
which he holds in the Church, either he shall return to his
original status and perform his compulsory municipal services, or his patrimony shall be assigned to the municipal
council.3 16
2. Also if any men have voluntarily inserted themselves
into the group of a municipal council, they shall remain327
in that fortune which they chose, but the authority of the
laws shall be observed with respect to their children.
Given on the ninth328 day before the kalends of June at Constantinople in the year of the consulship of the Most Noble Varanes.May 24, 40.
173329 The same Augustuses to Anthemius, Praetorian

Prefect.
For the relief of the fortunes of lower grade decurionssso
and for the restraint of oppression by the powerful, it is
328 testimonium, apparently from his fellow decurions, possibly
from the Emperor. Cf. 12, I, 25; 7, I, 7, n. 35.
324 The ninth consulship of Honorius Augustus and the fifth
consulship of Theodosius Augustus (412), Tillemont.
325 From 408, when Herculius became Praetorian Prefect of
Illyricum.
326 12, 1: 121, 123, 163 and others.
827 those who are obligated shall remain, M.
328 The eighth day before the kalends of July;
II, 22, 5.
329
CJ
10, 22, I.
330 inferiores curiales; decurions of meager resources.
Our pleasure that from the approaching eighth year"' of

the indiction, the tax assessments which are administered
by each municipal senate under the stress of various contingencies shall not begin until they are made known to the
governors46 in the records of the provinces and confirmed
by their authority.
i. But also the gold which is brought together as a
consequence of such a tax payment must be delivered to
the gold tax receiver in such a way that the tax receipts
shall bear the name of the taxpayer, the day of payment,
the year of the consulship, the month, the account, and the
amount paid, in order that the equity of the tax assessrments may thereby be made clear, and the assessed taxpayer may be supported by manifest documents.
2. This regulation also must be observed, namely, that
the distribution of the tax assessment, as officially made,
shall be appended to the quadrimestral tax lists that are
customarily dispatched from the office of Your Excellency,
in order that men may fear the knowledge of Your Authority and may not dare to attempt anything for the relief
of the wealthy and for the ruin of the poor. 33 2
3. It is also best that this regulation shall be observed
with respect to such persons as gainfully acquire anything
from the property of decurions, so that also they may obtain the benefits of a like provision.
4. If any judge,4 accountant, or decurion should suppose
that this regulation may be violated, he shall be subject to
any threatened punishment that your office may decide.
Given on the seventh day before the kalends of September at Constantinople in the year of the consulship of the Most Noble Varanes.
-August
26, 410; 409.
174 ."' The same Augustuses to Eucharius, Proconsul of
Africa.
Duumvirs shall not be allowed with impunity to extend
the power of their fasces beyond the limits of their own
municipalities. We also command that decurions shall be
restored to33 4 the civil priesthoods of their province and
their sons also shall be restored to their own municipalities.
175. The same Augustuses to Lupianus, Count and Master

of Soldiers throughout the Orient.
If the governorsso' of the provinces, and especially of
Phoenicia, should learn from the senates of municipalities,
in their prosecution of cases, 3 5 that certain persons had
betaken themselves from the association of decurions to
service in the office of Your Eminence, and if the governors should report this fact to you, such decurions shall
be immediately sent under trustworthy escort to the court
of the aforesaid judge' who reported their names to you.

Said decurions shall either voluntarily undertake their
compulsory municipal services, or if they should suppose
that they should litigate, they shall be delivered to their
municipal senate after sentence by the judge,2 08 if the
sentence should so recommend.
831
Beginning September I, 410.
832 Such good intentions of the Emperors were regularly thwarted

by the powerful bureaucracy, 3, I, 9, n. 24.
...CJ 10, 32, 53.
334 from, M.
885 For the return of their fellow decurions to their services.
C 367 1
Decurions
12-1-175
Given on the fifteenth day before the kalends of June at Constantinople in the year of the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-May 18, 42.
176. The same Augustuses to Julianus, Proconsul of

Africa for the second time.
With the exception of those persons who have performed the compulsory public service of the civil priesthood336 for the municipal council of Carthage, We command that all persons from other provinces and municipalities who are adorned with such honor shall return to their
own cities. Of course, if anything has customarily been
performed by the overflowing mob of civil priests'5 5 in the
name of the provinces, We command that such duty shall
be fulfilled at the proper time by the person who performs
the functions of the civil priesthood. In order that We may
not appear to subtract anything from the celebrations of
festal and legally authorized days, We also decree that a
decision shall be rendered to the effect that if perchance
any persons have assembled at Carthage on account of the
pomp of this day, they shall depart from the aforesaid city
and return to their own homes within five days. 37
Moreover, in order that no person may dare to violate
the definite statutes with impunity, if any man, with the
exception of a man of the aforesaid decury, 38 should wish
to remain in Carthage for the purpose of residing there, he
shall know that a fine of thirty pounds of gold will be
immediately exacted of him by the proconsular office when
he has exceeded the number of days prescribed by statute.
Also he shall not doubt that he will be deprived of the privilege of his dignity. By the present authoritative law We
also decree that those pretexts must be forbidden whereby
any person suddenly purchases the house of a civil priest"55
and pretends that he has a domicile, since it appears that
We specifically decree that each man shall return to that
place whence it is proved that he derived his origin.
Given on the sixth day before the kalends of February at Ravenna in the year after the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-January 27, 413.
177. The same Augustuses to Leontius, Praetorian Prefect of Illyricum.

Although the sanctions3 " of ancient Emperors command
that if any person, without being obligated to a municipal
council by any bonds, should be moved by love of his native
soil or by his desire to be generous, to undertake the compulsory service of a decurion, he shall be held liable to the
performance of the compulsory services of the municipal
council, nevertheless, We make wise provision for devastated Illyricum, 34 0 and We decree that at least among all
the municipalities of Illyricum the rule shall be observed
that hereafter if any man of blameless reputation, who is
entirely alien from the association of a municipal council,
should suppose that he should voluntarily assume the compulsory service of a decurion, either by offering money
only, by means of which such service can be performed in
its entirety, or by the actual performance of such service,
or by assuming its insignia, that is, whether he is content
with the applause of the people or is satisfied with the re33
Add: that has been assessed upon them, M.

7 The purpose of this time limitation was to prevent the pro-
longed absence of the civil priests of the small municipalities and

the consequent neglect of the games in the provincial towns.
39 CJ 10, 44, 1-2.
38 Of civil priests.
Goths.
the
and
Alaric
By
34o
ward of his own modest and silent conscience, he shall

summon as his witness the senate, or a majority thereof,
of that municipality, of course, in which he supposes that
he should voluntarily assume the performance of such
compulsory public service, and by the uncorrupted guaranty of the aforesaid senate, he shall first prove conclusively that he is not bound to membership in a municipal
council. Such proof shall be presented in the court of the
governor4 6 of the province, or, in his absence, before the
duumvirs, or before the defender of the aforesaid municipality. Thereupon, if he should promise34 1 that he will
perform some definite public service, he shall be protected
by the pledge of the decurions present, that neither he personally nor his property nor 34 2 his successors shall sustain
any disquietude as though he were a decurion. Thus, free
and secure from all molestation as a decurion, he shall
perform the promised service, and he shall not be allowed
to leave half-finished any such task that he begins. Thus in
accordance with such generosity, after the completion of
such service which he voluntarily promised, he shall have
the same honor in his municipality as that which a decurion
has who has similarly undertaken and completed the same
service.
i. But if any man of decurion stock should misuse either
the favoritism or the small number3 4 - of his municipal
senate, and under the pretext of the law should suppose
that he may be freed from the municipal council by the
performance of some compulsory public service, after the
completion of such service and the issuance of a public
statement of his municipal senate, expressed by them either
through favoritism or by compulsion, he shall none the less
be prosecuted as a decurion by the municipal council.
We direct that the foregoing law shall be valid, of
course, from the time of its issuance, and that it shall be
observed only throughout all Illyricum.
Given on the sixteenth day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Lucius.April 16, 413.
178." The same Augustuses to Seleucus, Praetorian Prefect.

If any person should be descended from a decurion
family,' 45 he shall be obligated to the bonds of the municipal council by birth status or blood descent. For it is
equitable that if any person should be born of a freeborn
mother,36 and his birth status should prove his birthrights,'347 he shall be associated with the honors 4 8 of his
ancestors, on the ground that he is born of a freeborn
mother. No private citizen shall suppose that any derogation is made by Our law from his rights, 4 9 since We
Thereupon, he shall promise, M.
nor the property of his successor, M.
34 angustiae, scantiness, small number, scanty resources.
344 J2, I, 79.
3
Or: from a decurion family, either by birth status or blood
descent.
s4 Even though his father should be a slave, a colonus, or a
decurion.
34 natales, birthrights, lineage, parentage. 348 The decurionate.
34 According to the Claudian Decree of the Senate, children of
freeborn mothers and slave fathers became slaves and the property
of the masters of the slaves, if the mother had been formally notified
three times that she should separate from the slave. According to
the present law, if the mother of such children should be of decurion
stock, the municipalities rather than the masters of the slaves obtained the children for service as decurions.
341
342
i 368 1
Decurions
thereby follow their custom,350 in Our desire to provide
wisely for the State by the use of the children born of
such women. (Etc.)
Given on the twelfth day before the kalends of February at Ravenna in the year of the tenth consulship of Honorius Augustus and
the sixth consulship of Theodosius Augustus.-January 21, 415.
179.3-' The same Augustuses to Seleucus, Praetorian Prefect.

(After other matters.) In confirmation of the authority
of the Claudian Decree of the Senate,'34 9 We command that
those persons born of freeborn stock shall be restored to
their municipalities if their ancestors were subject to a
municipal council. We decree that this regulation shall
be observed not only with reference to future cases but
also for those that are past.8 52
r. It is also Our will that persons free from compulsory
services 53 and persons not joined to the association of any
guild by any regulation of the ancients shall be subjected
to service in the municipal councils and the guilds of the
separate cities.
2. It is also Our will that if any person has assumed the
oaths of enlistment of any imperial service whatever, he
shall be summoned to serve his own compulsory duties.
3. Furthermore, if any person should interpose a voice
of objection to restoring, assigning, and choosing decurions, he shall forthwith be stricken with a fine of five
pounds of gold, to the profit of the account of Our fisc.
4. But if such person should be a slave, whether overseer
or procurator, he shall be delivered to the avenging flames,
while those obligated as decurions shall none the less be
restored.354
Given on the twelfth day before the kalends of February at Ravenna in the year of the tenth consulship of Honorius Augustus and
the sixth consulship of Theodosius Augustus.-January 21, 415.
i8o. The same Augustuses to Ursus, Prefect of the City.

Although it is Our will to augment the Most August
Assembly"' in whose confraternity We congratulate Ourselves, nevertheless if any person should be involved in the
compulsory public services and obligated by the bonds of a
municipal senate but should be able to impetrate imperial
letters patent entitling him to the rank of Most Noble,
Your Sublimity shall know that you shall not accept such
letters patent nor allow them to be filed under any circumstances. For We do not believe that both tasks can be
fulfilled by the same person in the way that they should.
Given on the fourteenth day before the kalends of March at Constantinople in the year of the seventh consulship of Theodosius Augustus and the consulship of Palladius.-February17, 416.
181."6' The same Augustuses to Palladius, Praetorian Prefect.

Those regulations shall remain unimpaired which are
known to have been formerly issued by Us and by previous
Emperors, Our ancestors, with reference to decurions, and
also by this general law We sanction that if any municipal
council"' should wish to vindicate a man as its decurion,
and if a judge4 should be unavailable, the claimant shall be
granted the right to arrest3 58 such man and shall know that
350 the custom of the ancients, M.
s51 12, I, 178.
35 I, I, 3, n. 14.
354 To service in their municipal councils.

355
356
358
the accused person must be led to the court of the judge2 08

in spite of any resistance. The governor3 0 5 of the province
shall be forced to pay a fine of ten pounds of gold, and his
office staff shall be held liable to the infliction of a like
penalty, if any question, perhaps, as to a right-'- of defense
should arise, unless the governor within three months by
means of a competent hearing should investigate the case
as to the birth status of the accused and should restore the
accused, if convicted, to his due compulsory services and
inflict a penalty upon him, or else should vindicate the accused as free from any disquietude.
i. Indeed, if it should become clear that any persons
obligated to municipal councils were formerly in various
offices and the imperial service, thus evading their decurionate,3 60 and if they should be unwilling to provide, at
their own risk, for the duty attached to their birth status
by means of a suitable substitute, they shall be released
from their oaths of imperial service and dispatched to their
own municipalities, under suitable escort. Thus written
instructions shall be sent to the Illustrious masters of the
soldiers with respect to the names of those persons who
sought enlistment oaths in the armed imperial service, and
by the authority of said officers, such persons shall be
stripped of their official military cincture and restored to
the compulsory services of their municipalities.
Given on the fifth day before the nones of May at Ravenna in the
year of the seventh consulship of Our Lord Theodosius Augustus
and the consulship of Palladius.-May 3, 416.

No man shall hereafter dare to arrive at the honors of
the more exalted Senate... by forestalling the order of
performance of his compulsory services, but he shall first
perform in due order all the compulsory public services of
his own municipality, and then at length each such person
may hasten to come to his competent honor.
Given on the seventh day before the kalends of September at
Eudoxiopolis in the year of the seventh consulship of Theodosius
Augustus and the consulship of Palladius.-August 26. 416.

If any man should be obligated to a municipal council
and involved in the performance of its compulsory public
services, Your Magnitude shall not permit him thereafter
to aspire to a lot that is inappropriate to him, by the impetration of imperial letters patent entitling him to the rank
of Most Noble, so that each municipality may retain those
men who are obligated to its compulsory public services.
For with reference to this matter, the Illustrious prefect of
the City has also been admonished by Our sanction.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the twelfth consulship of Honorius Augustus
and the eighth consulship of Theodosius Augustus.-April 17, 418.
184."*l The same Augustuses to Asclepiodotus, Praetorian

Prefect.
Children of decurions and of gubernatorial apparitors
must follow their own birth status, no matter when they
may be born, whether before the prerogative and the ex-
353 vacantes, n. 5.
The Roman Senate, either at Rome or at Constantinople.

CJ IO, 32, 54.
35 Supplying curia with G.
manus injectio, n. 298.
12 *1*184
35 Or: if a legal action should arise through any trustworthy

defense.
360 Add: to which they were formerly obligated, M.
861 6, 35,
14.
E 369 J
Decurions
12*1*184
pressed time of the imperial service that has been undertaken or after the period has elapsed, since it is enough that
exemption5 has been granted by Our Clemency to their
parents as a remuneration.
those born after his attainment of the dignity of Illustrious,

shall undertake the duties not only of Senators but also of
decurions, through themselves and not through substitutes.
(Etc.)
Given on the seventeenth day before the kalends of May at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.-April 15 (May i8), 423.

in the year of the consulship of Isidorus and Senator. An identical
copy to Eubulus, PraetorianPrefect of Illyricum.-April 3, 436.

(After other matters.) If any decurion or man subject to
the duties of the municipal council has performed any imperial service before the issuance of this law or if he began
such imperial service previously and is now so engaged,
or if he professes to be an advocate 6 8 in the forum of the
Most August prefect of the Orient and of Illyricum or in
the court of the prefect of the City, he shall observe the
sanction of the constitutions3o4 formerly issued in this
matter. But if after the issuance of this law, any of the
aforesaid persons should dare to seek any imperial service,
he shall not be protected by any prescription of time, but
he shall be dragged back to his own condition, and neither
he nor his children born after his attainment of such status
shall be able to evade their obligations to their municipality. (Etc.)
to Celer, Proconsul of Africa.

It shall not be permitted to reconsider a receipt once issued by another proconsul with respect to the payment of
compulsory public services. 3 6 3 Therefore Your Respectability shall follow the general rule of Our most salutary
and just regulation and in the future shall prohibit such
persons from being constrained to undergo an investigation of the compulsory public service that they have performed, if it appears that they are enjoying the good fortune of the receipt that they have obtained.
Given on the fifth day before the kalends of May at Ravenna in
the year after the consulship of the Most Noble Felix and Taurus.April 27 (February 25),
429.
186."-4 The same Augustuses to Celer, Proconsul of Africa.

The delegation"' of the Proconsular Province, as represented by the Respectable Count Bubulcus, has lamented
the fact that decurions are being constrained on account
of other persons who do not hold property in the same
municipal district, and that all of these most loyal men are
often being forced to pay the obligations of those persons
who are actually liable.86 5 In accordance with the authority
of the tax collectors, military tax collectors, and judges,4
this practice has come to such a state of ill fame by its continuance that almost no suitable decurion can be found in
the senate of any municipality. We command that the custom of such presumption shall be abolished and that no
decurion shall be held liable for debts in the municipal
district"' of another person, but that each decurion shall
be sued only for his own farm land. Your Respectability
shall follow Our salutary sanction and shall provide that
henceforth each debtor shall be held in his own name.
Given on the fifth day before the kalends of May at Ravenna in
the year after the consulship of the Most Noble Felix and Taurus.
-April 27 (February 25), 429.

If any man in any manner has obtained the rank of
Respectable or Illustrious before the issuance of this law,
he shall fully enjoy the honor and privileges that he has
acquired once for all. But if hereafter any man who is a
decurion or subject to the duties of a municipal council
should advance to the rank of Respectable, he shall personally assume both the obligations of decurion and those
of Senator, and his children who are born after his acquisition of the Senatorial rank shall be bound in the same
way as their father. But if such decurion should also obtain the rank of Illustrious, not by laborious service as administrator, but by an honorary title of dignity, he shall
indeed personally perform his duties to the Senate, but he
shall have the right to satisfy the municipal council through
substitutes at the risk of his property. His children, even
CJ 1o, 22, 2.
363 II, I, n. 57.
364 CJ
65 Typical corruption of the period, 2, 29, n. I.
362
366
CJ
10, 32, 6o.
II,

in the year of the consulship of Isidorus and Senator.-April 3, 436.
189.'6 The same Augustuses to Isidorus, Praetorian Prefect.
The duty of service in delegations6 ' shall not be incumbent on the chief decurions of Alexandria, even though
they perform the duties of advocate, and public curatorships shall not be entrusted to them except in their own municipalities. After the performance of all his compulsory
public services, the chief decurion shall attain the highest
rank and shall be granted the title of count of the first
order, and for five years he shall enjoy this dignity as
granted to him. He shall not be held obligated to the performance of the Senatorial duties, but he shall remain in
the municipal council.
We decree that the five chief decurions of the senate of
Alexandria shall be immune from corporal indignities, so
that with a free voice they may defend the interests of
their municipality, since they can be coerced by pecuniary
penalties if they should commit any criminal act. Moreover, such penalties shall be assessed in the presence of the
municipal council in the court of the Respectable augustal
prefect.
191. 7'1 The same Augustuses to Isidorus, Praetorian Prefect.

If any man should be engaged for thirty years in his
compulsory municipal services in the City of Alexandria,
he shall be exempted from compulsory public services of
a physical nature, but not from pecuniary ones. Due con-
59, 16.
867 8, 4, 30; CJ 10,
56.
869 CJ 10, 32,
32, 55.
370
CJ Io, 32, 57.
E 370 ]
368 causidicus.
171 CJ 10, 32,
58.
Landed Estates and Slaves of Decurions

sideration shall be given, of course, to his merits, so that
only favorably known men shall receive this privilege, and
unworthy persons may not generally enjoy it.
The same Augustuses to Isidorus, Praetorian Prefect.

If the recording secretaries 373 by their own persuasions
should nominate to the performance of compulsory public
services any persons already subject to such services, and
if such person should be willing, We order that they need
not await the consent of the augustal prefect, since such
consent is generally venal,3 65 but the desire of both parties
shall be sufficient for the assumption of such compulsory
public service, to which no one objects. Then the consonant
report of the nominee as well as that of his nominator
shall be presented to the aforesaid judge.4 If the judge
should postpone the acceptance or confirmation, he shall
know that he will be smitten with a penalty of twenty-five
pounds of gold.
192.372
Given on the day before the nones of August in the year of the
consulship of Isidorus and Senator.-August 4, 436.
TITLE 2: THE PAYMENT OF SALARIES' (DE

PRAEBENDO SALARIO)
1.2 Emperor Constantius' Augustus to Marcellinus, Count
of the Orient.
(After other matters.) A salary must be granted to no
man from the resources of a municipality, unless he has
specifically obtained such salary in accordance with Our
order. Therefore Your Gravity shall obey Our decrees.
(Etc.)
Given on the fifth day before the nones of October at Constantinople in the year of the consulship of Limenius and Catullinus.October 3, 349.4
TITLE 3: LANDED ESTATES AND SLAVES

OF DECURIONS SHALL NOT BE ALIENATED
WITHOUT A DECREE' (DE PRAEDIIS ET
MANCIPIIS CURIALIUM SINE DECRETO
NON ALIENANDIS)
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Cynegius, Praetorian Prefect.
If any decurion should be forced by necessity to alienate3 landed estates, either rustic or urban, or any slaves
whatever, he shall appeal to a competent judge and shall
set forth in detail all the causes by which he is being constrained,' so that if he should prove his claim, he shall
obtain a decree that will be permanently valid for the purchaser. For thus it will take place that no unregulated
1.2
372 CJ
10, 32, 59.
873 hypomnematographi.
2
CJ 10, 37,
1 CJ Io, 37.
3 Constantine, ms. V. Cf. 13, 3, I; 13, 4, 1.
4 15, I, 6.
I.
1CJ 10, 34. The property of a decurion was obligated to the

services of his municipality.
2 CJ 10, 34,
.
8 addicere, assign, alienate, sell.
4 stranguilare, strangle, constrain.
12*3*2
seller or unjust purchaser can be found. Furthermore,

hereafter there shall be no grounds whereby any seller
shall complain that he was circumvented by the stratagems
or overwhelmed by the power of a purchaser, since indeed
the necessity of the seller and the wishes of the buyer shall
be made clear by the trustworthy testimony of the public
records. But if any man, contrary to this prohibition, by
secret devices and through persons interposed by fraud,
should become the purchaser of any place whatever that
is sold by a decurion, he shall know that he will be deprived of the price tlhat he gave and of the place that he
bought.
Given on the eighth day before the kalends of December at Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-November 24, 386.

Since questions have arisen concerning the constitution6
of Our grandfather of glorious memory, which was promulgated with reference to the alienation of the landed
estates of decurions, and it is questioned whether only
chief decurions are forbidden to buy landholdings of their
colleagues without the interposition of a decree or whether
all men are denied the right to purchase such fields without the observance of the aforesaid procedure, by this
general sanction We decree that if a decurion should sell
an urban or a rustic estate to a buyer of any legal status
whatever, he must allege suitable reasons for the alienation before the governor 7 of the province, and such reasons
shall be investigated by the judge, not perfunctorily but
with the greatest trustworthiness, so that in this way,
finally, the decurion shall obtain the right to sell the landholding only if he should prove the necessity for the alienation. For the sale shall be invalid if this general rule
should be disregarded, and consequently the buyer shall
forfeit the price paid and shall restore to the seller the
landholding undamaged, along with its fruits.
i. The foregoing provisions shall be observed in all
future contracts. But in the case of past sales, especially
those made in the province of Osroena, although they
should be invalidated since the time when the law' was
promulgated by Our sainted grandfather, if such sales
have been executed by any person whatever without the
attestation of legal proceedings, nevertheless, dating from
the first year that has just passed of the present indiction,
it is Our will that such sales shall be invalidated in such a
way that if any man of any other status or honor should
purchase without a decree a landed estate of a decurion in
the aforesaid province, he shall recover the price paid and
restore to their owners the landholdings which he had
purchased. Thus if he should demand interest or the expenses of improvements on the property, he shall recover
such sums from the seller, but in turn he shall restore the
fruits.
2.5
Given on the fifths day before the ides of August at Eudoxiopolis

in the year of the consulship of Asclepiodotus and Marinianus.August 9, 423.
5 CJ Io, 34,
6 12,
3, I.
7 rector, the
1.
judge ordinary.
8 Sixth, 16, 5, 61.
E:371
12*4-1
Tax Assessments on Property Gainfully Acquired
TITLE 4: THE IMPOSITION OF TAX ASSESSMENTS ON PROPERTY THAT IS GAINFULLY

ACQUIRED' (DE IMPONENDA LUCRATIVIS
DESCRIPTIONE)

If any person should retain landholdings gainfully acquired,' and if such landholdings were formerly the property of decurions, for each land tax unit and capitation
tax unit of said landholdings he shall pay four siliquae4
each year to the municipal senate under the title of a tax
assessment, but in such a way that the general rule of this
tax payment shall not prejudice the rights of those municipalities in which a larger sum is exacted in accordance
with previous custom or any pact or any other necessity.
(Etc.)
Given on the fifth day before the ides of June at Constantinople
in the year of the consulship of Felix and Taurus.-June 9, 428.
TITLE 5: IN WHAT MANNER COMPULSORY

MUNICIPAL SERVICES SHALL BE ASSIGNED'
(QUEMADMODUM MUNERA CIVILIA INDICANTUR)
i. Emperor Constantine Augustus to Tiberianus, Count
of Africa.2
If any magistrate3 should nominate any person to fill
the office of duumvir as his successor for the duties of the
following year, although nominations in Africa are customarily solemnized also by the votes of the people, nevertheless he shall equally strive and toil to provide at his own
risk in what way suitable men can be found who may be
nominated. For reasons of equity persuade that unless
suitable men are nominated, those men shall be held responsible at whose risk the nominations were made.
Given at Nicomedia on the third day before the kalends of August4 in the year of the seventh consulship of Constantine Augustus
and the consulship of Constantius Caesar.-July 30, 326; 325.
The same Augustus to the Council of the Province of

Africa.
We command that men who have filled the office of civil
priest, the permanent flamens, and also men who have held
office as duumvirs shall be exempt from duty as provosts
of the annona and from compulsory public services of an
inferior kind. In order that this regulation may be confirmed by perpetual observance, We order this law to be
published by being engraved on bronze tablets.
2.
Posted on the twelfth day before the kalends of June at Carthage

in the year of the consulship of Felicianus and Titianus.-May 21,
337.
3.5 Emperors Arcadius and Honorius Augustuses to Probinus, Proconsul of Africa.

What judge' can be found so unjust that, in municipalities endowed with magnificent status and rich in the
2 12, I, IO7; 12, I, 123; Nov. Th.
10, 36.
As by gift or inheritance.
4Double the amount of the previous tax, n. 2.
1 CJ
2.
desired abundance of decurions, he would compel any man

to repeat a burden already completed, so that, although
there were some men who had scarcely been initiated into
the sacred rites7 of the municipal council, others would be
oppressed with continued service and the frequent repetition of compulsory public duties?
Given on the sixteenth day before the kalends of April at Milan
in the year of the consulship of Caesarius and Atticus.-March 17,
397.
TITLE 6: TAX RECEIVERS, PROVOSTS, AND

TREASURERS' (DE SUSCEPTORIBUS, PRAEPOSITIS, ET ARCARIIS)
i. Emperor Constantine Augustus on the Edict. 2
If it should be established that any tax receiver has embezzled the funds of his accounts and that he is not able
to pay, his nominator shall be held subject to the necessity
of restoring from his own resources and being compelled

to make good the entire loss that was produced by said
embezzler. For the nominator would not have to make
such payment if he had employed an adequate investigation in nominating responsible men.
Given on the seventh day before the ides of April in the year of
the second consulship of Crispus and Constantine Caesars.-April
7, 321.
The same Augustus to Euphrasius,' Fiscal Representative for the Three Provinces.5
2.'
(After other matters.)
Taxpayers shall be permitted
also to make a single payment of gold for a number of

farms, even though they are located in different places,
and thus security shall be given by the issuance of tax receipts for all the farms. This procedure shall be followed
in order that the resources of the provincials may not be
exhausted by the exaction of a gold payment separately
for each farm, with the many and constant additions6 to
such payments.
i. We also add that each taxpayer shall have the right
to pay whatever he owes within the limits of the year, at
whatever time he may wish, and the apparitors who act as
registrars shall acknowledge such payment. The gold shall
be accepted without any delay, in order that a taxpayer
may not incur any expense in a municipality not his own,
or on account of any frustrative device he may not become

liable to the law of forfeiture,' a much more serious matter. For if the taxpayer should be willing to pay but should
be scorned by the tax receiver, he must employ witnesses
and file an attestation, so that when the case is proved, he
shall be freed from the bond of forfeiture7 and shall receive the due tax receipt, along with the emoluments.8 The
tax receiver who refused to accept the payment shall be
forced through the power of your office to pay to the account of the fisc twofold the sum which was due.
7 The Emperors strove to make it appear that the duties of the
decurionate were sacred and holy, 12, I, 122, n. 232.
1
Brev.
12, 2; CJ
10,
72.
Should be: Emperor Constantine Augustus: an Edict,
levy, assess, assign.

1
2 CJ 10, 43. indicere,
per Africam.
8 Of a municipality.
3 CJ 10, 72, I.
4 Euphraxius, ms. V, but cf. 12, 7, I; CJ 10, 72, 1.
6 10, I, II, n. 19.
5 Sicily, Sardinia, and Corsica.
7 lex commissi, nexus commissi. These terms would indicate that
4 The date is doubtful, since Constantine was in Rome at this
time.
6 arbiter rerum.
5 CJ 10, 32, 52.
E 372
II,
16, 3.
the references are to imperial emphyteutic and patrimonial estates

which were forfeited if the rental was not promptly paid.
8 Apparently the recovery of the expenses incurred.
12*6*8
Tax Receivers, Provosts, and Treasurers

Given on the fourteenth day before the kalends of August in the
year of the consulship of Paulinus and Julianus.-July 19, 325.

Claudius, Prefect of the Annona at Alexandria.
We decree that tax receivers shall receive one half of
one percent, 6 while the recorders and the various members
of the other office staffs who are shown to be liable for
their accounts shall have the other half. Impetrators of
special grants of imperial favor through rescripts shall be
able to profit nothing, contrary to the order of this constitution, through their false statements.
Limenius and Catullinus.-August 1, 349.
4.9 Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.

We command that a letter shall be given to the Most
Noble Proconsul of Africa that if a receiver of taxes payable in clothing should be selected, either from the number
of the chief decurions or of the dignitaries, in accordance
with the merit of his devotion and industry, he shall be
instructed to sustain the burden of this compulsory public
service for one year only. However, those persons shall
be excepted who are protected by the privileges of palatine
imperial service, and those who have performed offices
and ministries and prove that they have obtained their
honor by the merit of their terms of service and by the
merit of their rank;1o provided, however, that responsibility for making the appointment to this office shall not be
removed from the proconsular office.
Given on the fourteenth day before the kalends of July in the year
of the consulship of Valentinian and Valens Augustuses.-June
(April) 18, 365.
5. The same Augustuses to Secundus, Praetorian Prefect.

With carefully considered deliberation We provide that
tax receivers and provosts of the State storehouses shall
be created by a suitable arrangement from the members
of the gubernatorial office staffs who in various offices
have performed terms of service in the imperial service.
But since the governor" of Cilicia asserts that there is a
lack of men in these groups, to whom such administrative
duties can be entrusted, in order that the interests of Our
fisc and of the public may not be weakened at the present
time, Your Excellency shall follow the ancient custom and
practice when you see that those persons are lacking whom
We ordered by Our former decrees to be created tax receivers and provosts. Such officials shall be appointed, of
course, from that order from which they formerly were
customarily created. Only see to it that the governor"- of
Cilicia and the others shall be urged by the letters of Your
Magnitude that with all possible sagacity they shall seek
out suitable men from the various offices, and they shall
appoint them to perform the services that were established
by the decrees of Our Clemency. For if any man should
be passed over through favoritism, the public interests
must exact the necessary vengeance. For there is no doubt
that the governors do pass over very many apparitors who
are now serving in the various offices. If the offenders
should be apprehended in such trickery, they shall pay the
9 7, 6,
1; 2, 6, 31.
have obtained the honor of their rank by the merit of their

terms of service, M.
10
11 Praeses.
penalty by the surrender of their property to the municipal

councils and by due punishment inflicted on their status
and life.12
Given on the fourth day before the nones of July at Caesarea in
the year of the cons'ulship of Valentinian and Valens Augustuses.July 4 (November 2), 365.
6.1' The same Augustuses to Mamertinus, Praetorian

Prefect.
Although provision has already been very clearly made
by law1 4 that tax receivers must be appointed from the
various offices outside the palace, by this order also We
similarly designate that this annoyance shall be removed
from those persons who serve in the offices of the masters
of the horse and foot, since, indeed, they are of the military order. Moreover, the tax receivers must be chosen
from the various offices which, of course, are assigned

outside the palace. To this group shall also be added the
representatives of the largesses in the municipalities, but
it is Our will that after their terms of imperial service they
shall assume the compulsory public service of tax receiving among the other groups.
Given on the fifteenth day before the kalends of August' in the
year of the consulship of Valentinian and Valens Augustuses.-July
(April) 18, 365.

To the duties of receivers of tax payments in kind shall
come those men who know before all else that they are not
decurions. Therefore, if any persons from the body of
the various office staffs should be found suitable in character and in property, they shall enroll their names as
though on an official register in each province, and arranged in accordance with this order, they shall complete
the duties of tax receivers for a year. In this way they shall
fear no other obligation to any other compulsory service.
After any man has completed his services in the receipt and
disbursement of tax payments, at the end of his term of
service, if he has proved his faithful performance of duty

before the judge, he shall obtain his due reward in accordance with Our judgment. To the aforesaid group must
also be joined the following persons from each of the
offices, that is, the registrars and accountants and similar
members of office staffs of those offices from whose order
it is Our will that this body shall be constituted. Therefore,
if anyone of the aforesaid persons should attain higher
honors through patronage, he shall perform the compul-
sory service of tax receiver, but in such a way that his acquired dignity shall be unimpaired, and in accordance with
this regulation, he shall not fear that he will be compelled
to undergo membership as a decurion.

Given6 on the day before the nones of August at Sirmium in the
year of the consulship of Valentinian and Valens Augustuses.August 4, 365; 364.
8.17 The same Augustuses to Secundus, Praetorian Prefect.

According to long-established laws,"8 the nominators of
tax receivers and of those persons who are appointed as
12 caput ac salus. Such threats against official corruption were
thoroughly futile, 2, 29, n. I.
13 CJ 12, 54, 2.
14 7, 6, I; 12, 6, 4; 8, 3, I.
15 The exact date is doubtful on account of the uncertainty as to

the dates of the prefectures of Mamertinus and Rufinus.
16 Posted, since Valentinian did not visit Sirmium after 364.
18 For example, 12, 6, 1.
17CJ 10, 72, 2.
[ 373 ]
12-6-8
provosts of the State storehouses and of the rural districts

shall be held liable if those nominated by them should be
unsuitable, and nothing shall be sold from the property of
such nominatorsl 9 by a purchase executed through an intermediary.
20
Given on the third day before the kalends of August

at Constantinople in the year of the consulship of Valentinian and Valens
Augustuses.-July(7) 30, 365.

We command that throughout the provinces of Illyricum
tax receivers of payments in kind shall be created from the
group of apparitors, because it has been learned that they
are more suitable both in property and in trustworthiness
than the decurions who21 customarily received taxes. But
in the provinces of Africa Your Sincerity shall command
that such persons shall be exempted from this office, and
as tax receivers of payments in kind of annual products
those persons shall remain who are bound to this compulsory public service by ancient custom, especially since,
if the tax receivers given from the municipal councils
should squander anything, either by negligence or fraud,
it is possible for the municipal senate that created them to
be constrained to the restoration of the supplies according
to established custom.
Received on the day before the kalends of September at Constantina in the year of the consulship of Valentinian and Valens Augustuses.-August 31, 365; 368.22
The same Augustuses to Mamertinus, Praetorian

Prefect.
The new tax receivers shall receive not only the taxes
due for the present year, but also the taxes in kind which
are paid from delinquent tax accounts, because such payments in kind are new and recent. 24
10.23
Given 25 on the day before the kalends of November'5 at Rome in

the year of the consulship of Valentinian and Valens Augustuses.October 31, 365; 364.
The same Augustuses to Florentius, Count of the

No man shall be permitted to serve for a continuous
period of two years.in the office of taxation,2 7 and no man,
after the completion of this compulsory public service,
shall be constrained to the performance of the same service,
unless he should first free himself from the bond of the
former duty. For it is not the part of a just man to burden
persons who have rendered acceptable service, nor is it the
part of a prudent man to retain persons who have proved
to be unacceptable. Therefore, when an entire year has
elapsed, each such tax receiver shall be compelled to set
forth on what accounts he has disbursed the taxes that he
has received, so that if any person should be apprehended
in theft, he may be able the more easily to make good the
loss, since it is recent.
1 1.26
19 Since such property must stand as security.

Valens was not at Constantinople at this time, and 12, 6, 8 is
20
here dated before 12, 6, 7.

21 than those who are appointed in the municipal assembly and
who customarily, M.
22 IO, I, IO.
23 CJ 10, 72, 3.
24 A quibble, useful to the State.
25 Posted, M.
26 CJ IO, 72, 4.
27 Allegationis officia, office of tax receipts. Its officials were some-
times called the allecti, taxgatherers. Cf. 1, 15, 6, n. 17.
Given on the fifteenth day before the kalends of October at Mantebrum in the year of the consulship of Emperor Designate Gratian
and of Dagalaifus.-September 17, 366; 365.

There must be no argument but that, as We formerly
decreed, when solidi are collected on any account, they
must be reduced to a firm and solid mass of pure gold. All
tax payments shall be made in such a way that every avenue of fraud shall be barred for the representatives of the
largesses, the official escorts, and the taxgatherers.2 7 For
the governor 29 of the province shall easily vindicate from
loss those persons who fulfill the necessary tax payments
with two or three solidi each, if after the receivers have
accepted the solidi of very many taxpayers, individually
and by name, and solidi of that quality that is to be demanded, as We mentioned above, the tax payments of all
shall be melted into a mass. Of course, if the governors
should apprehend the same disdain of tax receivers as
formerly, when the supply of pure gold is brought and
such payment cannot be unsatisfactory, any receiver shall
be smitten with suitable punishment, if he calumniates,
condemns, and rejects that which has been devised for the
advantage of a simple tax payment. However, the mass of
rejected gold shall first be sent to the imperial court of
Our Clemency, in order that We may see on what grounds
it was refused.
12.28
Given on the fourth day before the ides of November in the year
of the consulship of Emperor Designate Gratian and of Dagalaifus.
-November
10, 366.

Whenever solidi must be paid to the account of the imperial largesses, the actual solidi shall not be delivered, because adulterated coins are often substituted for such
solidi, but either the solidi shall be reduced to a mass, or
if the taxpayer is able to have such material from any
other source, the mass of fine gold shall be dispatched for
that part of the tax, of course, which each person pays.
This method shall be followed in order that the taxgatherers, 27 official escorts, and representatives of the largesses
may no longer convert the fiscal payments to their own
gain by substituting adulterated solidi.3 1
i. We also add this provision, that whenever a definite
sum of solidi is due under a title of any kind, and a mass
of gold is transmitted, a pound of gold shall be credited
for seventy-two solidi.32 (Etc.)
13.30
Given on the sixth day before the ides of January at Rome in the
year of the consulship of Lupicinus and Jovinus.-January 8, 367.
14." The same Augustuses to Alexandrianus, Count of

the Privy Purse.
Only one percent' each shall be paid by those persons
who, according to custom, annually deliver to the treasurers the revenue due to Our household. These payments
shall be made, however, in such a way that the account of
each one percent payment also shall always be arranged in
evident form and shall be referred to your knowledge, so
that when all the disbursements have been disclosed by an
28 12,
6,
13.
29
rector.
so 12, 6, 12; CJ 1o, 72, 5.

31 Bureaucratic corruption which the Emperors seemed powerless
to eradicate, n. 12.
827, 24,
1.
E 374 1
1o
1,I
I.

explicit statement, the condition of the account of delinquent taxes can be learned from the account of the aforesaid one percent payments.
Given on the seventh day before the kalends of October at Dorostolum in the year of the consulship of Lupicinus and lovinus.September 25, 367.

The payment of taxes in kind shall be demanded of the
landholders in three installments. Moreover, in the matter
of allowable surplusage of payment,3 4 Your Sincerity shall
provide for the observance of that custom whereby in the
case of dry products the tax receiver shall receive one percent from the landholder, and in the case of lard and wine
he shall obtain one twentieth for supporting the loss.
Posted on the seventh day before the ides of January at Szombathely (Savaria) in the year of the consulship of Emperor Designate Valentinian and of Victor.-January 7, 369.
16." The same Augustuses to Chilo.36

The grain brought into the State storehouses shall be
immediately recorded by means of the security of tax receipts in accordance with the amount of the payment delivered. Furthermore, nothing but fiscal grain shall be
placed in fiscal storehouses.
Given on the fifth day before the ides of April at Trier in the
year after the third consulship of Gratian Augustus and the consulship of the Most Noble Equitius.-April 9, 375.
17.3 Emperors Gratian, Valentinian, and Theodosius Augustuses to their very dear friend, Hypatius,"8 Greetings.
Hereafter in each diocese there shall not be only one
tax receiver of gold and silver, and the tax payments made
shall not remain for a long time in the possession of the
receivers, but whatever is paid by the provincials shall be
immediately delivered to the sacred imperial treasury.

Given on the third day before the kalends of May at Constantinople in the year after the consulship of Antonius and Syagrius.April 29, 383.
18." The same Augustuses to Flavianus, Proconsul of

Asia.
If hereafter the office of tax collector or of tax receiver
should be incumbent upon any man and he should not
specifically record4 0 what he appears to have received, in
what kind of payment, on what accounts, and for what
year of the indiction, he shall be fined by the payment of
fourfold the amount of the same product that the taxpayer
claims' that he delivered. Unless his office staff also, for
the detection of such fraud, if perchance the fraud should
thereafter be repeated . . .*4 the commission of such a
crime, and they shall be subject to examination under
torture.
Given on the sixth day before the ides of May at Constantinople
12-6-21

Prefect.
Standards of weights and measures shall be placed publicly in each station,"4 so that those persons desiring to
commit fraud shall thus be deprived of the power to defraud."3
19.4
Given on the fifth day before the nones of October in the year of
the second consulship of Merobaudes and the consulship of Saturninus.-October 3, 383.

Tax collectors and tax receivers shall be confirmed in a
full meeting of the municipal council, with the consent and
judgment of all, under attestation of the public records.
The governors 29 of the provinces shall be informed of the
names of those who have been published and obligated to
the performance of this compulsory public service. Those
persons who nominate such tax collectors and receivers
must observe that they must be responsible for all the
actions of their nominees.
20.45
Given on the sixth day before the kalends of November at Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-October 27, 386.
INTERPRETATION: Tax collectors and tax receivers of
the public revenue shall accept their obligations to be undertaken and performed, not secretly but publicly, in the
presence of the other decurions and the people. The judges
shall be notified as to those who have been nominated and
elected. Those persons who attest such elections in the
public records shall know that they will be held responsible
in damages for any subversion by those persons whom they
have selected.
Emperors Valentinian, Theodosius, and Arcadius

Augustuses to Cynegius, Praetorian Prefect.
We command that measures47 of bronze and of stone,
along with sextarii4' and weights, shall be deposited in each
station 9 and each municipality, so that each taxpayer shall
have the established measures of all articles under his eyes
and shall know what he must pay to the tax receivers. Thus
if any tax receiver should suppose that he may exceed the
norm of the measures, 7 sextarii,' or weights thus deposited,50 he shall know that he will undergo suitable punishment. 3'
I. We also annul those regulations which have thus far
been enforced against the welfare of all peoples, and We
command that the tax receivers shall be given 6 one fiftieth
of the tax payment of ordinary grain, one fortieth of barley, and one twentieth of wine and lard. Since We are
moved, moreover, by the need to show human kindness,
We command that the tax receivers of the payments in
Armenia shall be given one fortieth of the tax payment in
ordinary grain and barley, and one fifteenth of the wine
and lard, on account of the remoteness of the province.51
21.41
4 Edict Theod. 149.
34efimetrum, lo, I, ii, n. 19.
35 CJ Io, 72, 6.
7 CJ 10, 72, 7.
38 Augustal Prefect, if the subscription is correct.
3 Edict Theod. 144. Cf. n. 31.

40 By means of tax receipts.
41and proves?
42 Unless his office staff also should turn their attention to the
detection of such fraud, if . . . repeated, they shall be punished in
a similar manner because of the commission of such a crime, and
they, M.
44 statio, station, post station. These were for fiscal collections, G.

45 Brev. 12, 2, I; CJ IO, 72, 8.
46 CJ 10, 72, 9.
4 modii, measures of about one peck each.

48 sextarii, measures of about one pint each.
4 mansio, station, post station; cf. n. 44.
so In this way if any person should suppose that he may exceed
the norm of the ... thus received and deposited, M.
51 Hence greater loss and waste in transportation.
E 375 1
12*6-21
Given on the fourth day before the kalends of December at Constantinople in the year of the consulship of Emperor Designate
Honorius and of the Most Noble Evodius.-November 28, 386.
The same Augustuses to Paulinus, Augustal Prefect.

Tax collectors shall not be considered as permanent and
have the uninterrupted power to harass the provincials, as
though with the despotism of extortioners, but they shall
be changed each year by the assiduity of the judge, unless
either the established custom of the municipality or the
small number of decurions should compel such collectors
to serve for two years. Unless this regulation is enforced,
you shall know that you and your office staff will be
stricken both with a fine and with a severe punishment.81
22.52
Given on the day before the kalends of December at Constantinople in the year of the consulship of Emperor Designate Honorius
and the Most Noble Evodius.-November 30, 386.
23.5 3 The same Augustuses to Cynegius, Praetorian Prefect.

In the presence of the defenders of the municipalities,
the tax receivers shall write out the measure of the land
tax54 of the landholders and each payment in kind, that is,
the number of payments and the amount of each.
Given on the fourth day before the kalends of December at Constantinople in the year of the consulship of Timasius and Promotus.
-November 28, 398; 386.5s

Senate and People.
(After other matters.) The tax receivers of the regular
tax and the provosts of the State storehouses shall be compelled each year to render a satisfactory account of the
disbursements of the payments collected, at a hearing before the Respectable vicar and the prefect of the annona,
so that if any of the receivers or provosts are proved to be
suitable, they shall remain for five years in the tenure of
this office. Those elected hereafter from the municipal
councils shall be chosen as their successors, to undertake
the performance of the aforesaid compulsory public service. (Etc.)
Given on the twelfth56 day before the kalends of May at Milan in
the year of the consulship of Caesarius and Atticus.-April 20 (15),
397-
25. The same Augustuses to Firminus, Count of the Privy

Purse."
We command that the palatine office shall provide that
no person shall undertake the compulsory public service
of provost 5 1 or tax receiver until, in accordance with the
law," of Gratian of sainted memory, reports on the property of the tax receiver and the resources of his sureties
have been collected in a careful written statement and
brought to the knowledge of the aforesaid office. The imperial rescript 9 which was surreptitiously elicited to the
detriment of Our treasury shall be annulled."o
Given on the fifteenth day before the kalends of April at Milan in
the year of the consulship of the Most Noble Theodorus.-March
18, 399.
Brev. 12, 2, 2; CJ 10, 72, 4.
s modus jugationis.
52
CJ 1o, 72, 1o.

55 An error, 8, 4, 17.
5
The same Augustuses to Benignus, Vicar of the City

of Rome.
It is Our will that if tax receipts have once been published and read into the records, they shall be charged to
the wine collectors, and the investigation of the accounts
of the wine chest that has been undertaken shall be conducted to a clearly established conclusion, according to the
evidence found, and all public receipts that have been entered into the records shall be charged by the collectors to
their accounts.
26.61
Given on the sixth day before the ides of June at Milan in the
year of the consulship of Stilicho and Aurelianus.-June 8, 400.
27.62 The same Augustuses to their own dear friend Pom-
peianus,3" Greetings.
In order that payments that have been made should not
again be demanded through the fraud of tax receivers,
while they stealthily remove the writers of the receipts,-"
We clearly sanction that, at the risk of the whole group,6 3
it shall not be permitted to change such issuers of receipts
within the actual year of the indiction, unless they are convicted of forgery and do not dare to claim that most of
the charges are unfounded.
i. We likewise command that the quadrimestral account
books shall be published by the registrars, so that if receipts faithfully contain a tax payment that has been
registered in such account books, a second collection cannot be valid.
2. Moreover, if a landholder should apprehend any commission of fraud by a tax receiver or a registrar, no person
once convicted of such embezzlement shall again administer this office in which he formerly embezzled, even
though he should produce Our rescript elicited through
clandestine supplication. 60
400.64

Africa.
If receipts 65 are delivered to tax receivers in the name
of soldiers, none of that money shall be paid in advance
within the province entrusted to you, for such money must
come intact, under the attestation of the records, for use
in supplying the needs of the Provinces of Numidia and
Mauretania, so that Our very loyal soldiers stationed there
may obtain all the emoluments due to them. Moreover, if
any person after the issuance of this interdict of Our
Clemency should suppose that such receipts should be presented, he shall know that they are uselessly presented and
will not be credited to the account of the person who accepts them.
Given on the fourth day before the kalends of March at Milan in
the year after the consulship of the Most Noble Stilicho and Aurelianus.-February26, 401.
The same Augustuses and Theodosius Augustus to

Septiminus, Proconsul of Africa.
Formerly We commanded66 that from the guild of
tradesmen a suitable person should be appointed for re29.
56 The seventeenth, 6, 2, 18; 13, 5, 27; 14, 15, 3.

57 Of the sacred imperial largesses, 1o, 2, 2.
61
58 Of the State storehouses.

5 Not extant.
60 Or: If an imperial rescript should be surreptitiously elicited
65
apochae, for issuance of supplies.
66
13, 1, 17-IS.
. . . it shall be annulled. Cf. Min. Sen., n. 25.
10, 72, II.
62
IO, 72, 12.
63 corpus, apparently the municipal council.

64 1, 12, 8, n. 26.
[ 376 ]
Weighers; Tax Payments in Gold

ceiving and guarding the account of Our tax payable in
gold, but that he should be elected, however, on the faith
and at the risk of all. We now renew the aforesaid regulation, and We command that a suitable person shall be appointed from the guild of tradesmen or from any other
body whatever for undertaking the account of the chest."
Only this condition shall be observed, namely, that the
judges shall know that payment will be exacted from their

own resources and from those of their office staffs, if the
person thus appointed should suppose that he may appropriate anything from the account that is entrusted to him.
Given on the tenth day before the kalends of March at Ravenna
consulship of Rumoridus.-February20, 403.
30.68 The same Augustuses to Lucius, Count of the Sacred
Imperial Largesses.
Our Clemency commands that two registrars and the
same number of tax receivers shall be appointed for each
province. With reference to this matter, moreover, We
also admonish the Most August praetorian prefects, in
order that they may know that those officials who receive
the gold for the imperial largesses shall have nothing in
common with the accounts of the chest. 7 Moreover, the
judges of the provinces shall be fined five pounds of gold
and the primates of their office staffs shall be stricken with

capital punishment, if this regulation is not enforced at
present, or if it should be changed later. 3'
Given on the sixth day before the kalends of February in the
year of the consulship of Bassus and Philippus.-lanuary27, 408.
their own dear friend Eucharius,36 Greetings.

We do not allow decurions to be occupied with lowly
duties or extraordinary burdens, lest the public welfare
should be impaired. Therefore, it is more equitable that
the receipt of taxes payable in clothing should be customarily administered by the proconsular office or by those
persons who have served their terms in this office. For it
is to their interest to investigate the account of such tax
payments and to examine their quality, since it is more
suitable that they should have the responsibility for the
protection of such goods.7 0 For it is not equitable that the
aforesaid office should obtain the benefits and that the
losses connected with such tax receipts should belong only
to the decurions. Therefore, We remove such an injustice
from the decurions, with the exception of those decurions
who are detected as having been employed or as being at
present employed in the imperial service of the aforesaid
office.
32.71
Emperors Theodosius and Valentinian Augustuses
to Volusianus, Praetorian Prefect.

(After other matters.) If any gold or silver is delivered
as a tax payment by a landholder, it shall be accepted by
the treasurer or the tax receiver, but the governor 72 of the
province and his office staff shall know that they will be
responsible for the crime if any loss should be inflicted
upon the landholders by any injustice of weights.
I. Of course, the treasurers and tax receivers shall issue
receipts to the landholders with a designation of the account, and if any payment is dispatched from the provinces
to Our treasury, it shall be reported not only to the Illustrious counts of Our treasury, but also a like report shall
be delivered to Your Eminence.
2. If any palatine, with forbidden audacity, should dare
to contravene this regulation of Ours, the governor" of
the province shall be allowed to arrest him and send him
under escort to the court of Your Sublimity. Even though
the provincial should be proved to be obligated to payment,
he shall be allowed lawfully to repel the rash lawlessness of
the palatine who attempts to vindicate for himself a tax
payment contrary to Our prohibition. If the provincial
should be unable to repel such exaction and should lodge a
complaint before the Illustrious counts of the treasury, but
should not be able to obtain satisfaction on account of obstruction by the palatine office, then finally Your Magnificence shall be permitted to avenge the complaints of the
landholders and the damages that they prove in your court.
Given on the third day before the kalends of March at Ravenna
in the year after the consulship of the Most Noble Felix and
Taurus.-February27, 429.
33. The same Augustuses to Theodosius, Praetorian Prefect.

We learn that the Province of Byzacium formerly impetrated the right that the decurions of their own municipalities should73 undertake the custody and care of the
State storehouses. Therefore, We sanction tbat no chief
decurion shall be appointed as supervisor of State storehouses in the Proconsular Province.
Given on the fifteenth day before the kalends of March at Ravenna in the year of the thirteenth consulship of Theodosius Augustus and the fifth consulship of Valentinian Augustus.-February
15, 430.
TITLE 7: WEIGHERS; TAX PAYMENTS IN

GOLD' (DE PONDERATORIBUS ET AURI
ILLATIONE)
1.2 Emperor Constantine Augustus to Euphrasius, Fiscal
Representative for the Three Provinces.3

If any person should wish to pay solidi, he shall pay
seven4 solidi of refined gold, each stamped with Our image
and of four scruples each, for each ounce of gold, and of
course, fourteen5 solidi for two ounces of gold, and according to this standard he shall pay the entire sum due.
The same ratio must be observed also if any person should
pay gold bullion, so that he shall appear to have paid solidi.
When gold is paid, it shall be accepted with equal balance
and equal weights.6 Of course, the top of the cord shall
be held with two fingers, and the other three fingers shall
be free and point toward the tax receiver.' They shall not
7
74
67
arca, 6, 4, 21, n. 69.

6, 4; CJ 10, 72, 14.
68
CJ
10,
72,
tO Because this office, as members of the imperial service, obtained their clothing by means of this tax, G.
72
Io, 72, 15;
moderator.
12,
60, 5. Cf. 3, I, 9, n.
24.
Or, reading ne: should not undertake.

Add: any further, M.
13.
69 12,
71 CJ
12-7-1
2 T3, 2, I; CJ 10, 73, I.

8 Sicily, Sardinia, Corsica.
4 Six, M. See his note.
r Twelve, M.
6The exact amount, with balanced scales.
?An amusing effort of the Emperor to insure honesty, 2, 29, n. I.
' CJ 10, 73.
E 377 1
Weighers; Tax Payments in Gold
12-7*1
press down the weights with any finger; thus the balance
of the scales shall be preserved and the weighing pans shall
be suspended with equal and similar weights. (Etc.)
2.8 Emperor Julian Augustus to Mamertinus, Praetorian
Prefect.
The purchase and sale of solidi are impeded if the solidi
are clipped or diminished in size, or nibbled away, to use
the proper term for such avarice, since some persons refuse to accept such solidi on the ground that they are light
and inadequate. Therefore, it is Our pleasure to establish
in each municipality an official called by the Greek word
sygostates, who by reason of his trustworthiness and vigi-
TITLE 9: THOSE PAYMENTS THAT HAVE

BEEN DELIVERED FROM THE PUBLIC AS
TAXES SHALL NOT BE ILLEGALLY APPROPRIATED' (DE HIS QUAE EX PUBLICA COLLATIONE ILLATA SUNT NON USURPANDIS)
i.2 Emperor Constantine Augustus.
No judge, by the interposition of a loan,' shall appropriate or attempt to appropriate that which he has received
from the tax payments of a municipality.
Given on the day before the nones of March at Trier in the year
of the consulship of Paulinus and Julianus.-March6, 325(f).4
Giveno on the ninth day before the kalends of May at Salona in

the year of the fourth consulship of Julian Augustus and the consulship of Sallustius.-April 23, 363.
Emperors Gratian, Valentinian, and Theodosius Augustuses to our very dear friend Lampadius, 6 Greetings.
No person shall appropriate anything at all from the
supplies that are delivered to the stores or from any payment contained in the chest,7 under any claim whatever,
unless perchance he should obtain the right to such appropriation by an order from the sublime authorities."
3. Emperors Valentinian and Valens Augustuses to Dra-
Given on the third day before the ides of April at Constantinople

in the year of the consulship of Antonius and Syagrius.-April ii,
contius.11
382.
lance will neither deceive nor be deceived, so that in accordance with his judgment and reliability he may settle
any dispute that may arise between the seller and the buyer
with respect to solidi.
If any payment should be demanded as a result of proscriptions or condemnations, or if a tax levy should demand
any such payment on any other account; whether such account is annual and customary, either old or recent, or
whether the levy is a special one in the case of individual
persons or fixed for a few taxpayers or uniform for all,
the payment shall not be made in bullion; but under the
eyes of officials of ignoble status" and at their risk the
metal shall be kept in a mass of pure gold by testing for a
long time by the intense heat of the devouring flames, so
that it may appear to be pure.s
Given on the day before the nones of August at Nemasia in the
year after the consulship of Emperor Designate Gratian and of
Dagalaifus.-August 4, 367.
TITLE 8: THE OFFICIAL ESCORTS OF PUBLIC GOLD' (DE AURI PUBLICI PROSECUTORIBUS)
The official escorts of the gold at times presumptuously
take the gold in advance, when the customary letter of
authorization' has not been issued, and at times they retain
for too long a time the gold which should have been delivered immediately.4 Therefore, We decree that without
the order of the Illustrious count of the sacred imperial
largesses no person shall take gold for the purpose of
melting5 it or receive it and retain it thereafter.'
2.6
3.9 Emperors Arcadius and Honorius Augustuses to Mes-
sala, Praetorian Prefect.

(After other matters.) All judges shall know that they
are not permitted to transfer to other necessities anything
from the regular tax due to the privy purse or from that
which they have collected from the aforesaid accounts, unless they prefer that their license shall be punished by the
severest penalties.
Given on the sixteenth day before the kalends of June at Milan in
the year of the consulship of Theodorus.-May 17, 399.
TITLE 10: THE APPARITORS OF THE PREFECTS SHALL NOT HOLD THE OFFICE OF
TAX
COLLECTOR,
OF
CONFIDENTIAL
AGENT, OR OF CUSTODIAN OF STATE
STOREHOUSES (NE PRAEFECTIANUS EXACTORIS VEL CURIOSI VEL HORREORUM
CUSTODIS FUNGATUR OFFICIO)
1.2
Given on the thirteenth day before the kalends of August in the

consulship of Theodosius Augutus.-July 20 (IN), 409.
8 CJ
9 Literally, "weigher."
10, 73, 2.
10 Posted; at this time Julian was engaged in the Persian war.

Vicar of Africa.
11
condicionales, and thus subject to torture.

18 Text probably corrupt. bullion, but in that mass of pure gold
which is kept for a long time under the test of the intense heat
of the devouring flame until it appears to be pure, M.
12
4 Cicero, In Verr. Act.

6
CJ
prosecutoria.
Io, 74, I.
5 embezzling, G.
Lib. 3, 165.
This passage is obscure and possibly corrupt.
1 CJ 10, 74.
2,
1.1 Emperors Valentinian and Valens2 Augustuses to Zo-
simus, Governor 3 of New Epirus.

We have learned that the authority of the imperial command4 has been disregarded and that prefectural apparitors
have returned to the devastation and ruin of the provincials,
and that by their exactions in the province entrusted to
Your Merit, they labor chiefly for their own gain and
profit, contrary to the statutory prohibition, and that besides, they are holding the office of custodians of the State
storehouses, or that they are appropriating to themselves
I CJ Io, 75. Cf. 2, 29, n. I.
2 CJ Io, 75, I.
3
See 12, 8,
4 The place and date of issue disagree.
I, n. 4.
s CJ 1o, 72, 2.
6 Official position unknown.
7 arca, 6, 4,
21,
n. 69.
8 The highest ranking officials, such as praetorian prefects, who

were next to the Emperor.
9 CJ iO, 75, 3; II, 65, 5.
1 CJ 12, 52, 2.
2And Gratian, if 373 is the correct date.
3 Praeses.
4 Not extant.
E 378 1
Delegates and Decrees of Instruction to Delegations

the right and the authority of the office of confidential
agents.' If any such person should now exist, it is Our will
that, by the authority of this regulation, hereafter he shall
be delivered to the office of the tax receivers, and full information about his name shall be brought to the ears of
Our Clemency."
Milan in the year of the consulship of Valentinian Augustus and the
fourth7 consulship of Valens Augustus.-November 18, 373; 365;
364.
TITLE 11: CURATORS OF THE DEBT ACCOUNT BOOKS AND THEIR SURETIES' (DE
CURATORIBUS KALENDARII ET FIDEJUSSORIBUS EORUM)
i.2 Emperor Constantine Augustus to his dear friend Locrius3 Verinus, Greetings.
The loans on the debt account books shall remain with
those persons who appear to you to be still living, with
their resources intact, or such loans shall remain with the
heirs of such persons if they retain their patrimonies unimpaired, but on the condition that they pay the annual
interest at the appropriate times, since it is both to the advantage of the municipality to retain financially responsible
debtors and to the interest of the debtors not to nourish an
accumulated debt.
i. Because it is wrong for the municipalities to be defrauded by the alienation of pieces of property that are
obligated to them, it is Our pleasure that if any debtor of
the commonwealth of any municipality should give or sell
anything from that patrimony which he had when he obtained money from the municipality, or if he should bestow anything on any other person in any manner, the
nature of the alienated property shall be investigated, all
the resources of the debtor shall be considered, whatever
he had at the time when the money was entrusted to him,
and a proportional demand shall be made for the payment
of the principal and interest from the person who holds
anything from the property of the debtor. Therefore,
whenever it is learned that the patrimony is inadequate' of
any man whose name has been found obligated to the debt
account book of any municipality, the judge must inquire
with all diligent solicitude to what persons the resources of
the debtor have passed under any condition whatever,' so
that each of them may be sued in proportion to the amount
of the property that he holds, in accordance with a fair appraisal, but they shall have a personal action against such
debtor, who is himself released when they make the payment. Moreover, if the greater part of the fortunes of a
debtor is proved to have been dissipated, the remaining
part which continued in his possession must also be transferred to a financially responsible person.
5 curae. Cf. 6, 29, 2.
8
The Emperors' attempts at reform were usually thwarted by
the bureaucracy, 2, 29, n. I; 3, I, 9, n. 24.

7 The fourth should be deleted; the place of issue was Milan.
2. But if the property of any debtor of the commonwealth of a municipality should become subject to the
claims of Our fisc, it is evident that, in accordance with
the ancient law and the rescripts of the sainted Emperors
and Our constitutions, the purchasers who acquired such
property from Our fisc shall suffer no molestation, since
in such cases, it is Our pleasure that the municipality shall
sustain such fortuitous losses. But if any persons should
obtain anything by imperial liberality from the goods of
such a debtor, according to the law as issued they shall be
obligated to the municipality, and due consideration shall
be given to all the resources which had belonged to the
debtor when he obtained the money of the municipality.
Thus in proportion to the amount of property which such
a person retains from Our bounty, he shall be required to
pay the competent part of the principal and interest on
the loan.
3. If any debtor should disappear, or certainly if he
should so squander all his property that no person possesses
anything from his goods, this debt also must be accounted
as a loss to the municipality. Therefore, at the risk of the
curator of the debt account book and of the magistrates7
and of their nominators, the money must be lent to financially responsible persons and to owners of rustic landed
estates.
Posted on the third day before the kalends of February in the

year of the consulship of Volusianus and Annianus.-January 30,
314; 320.8
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Hellenius, Vicar of the City.
It is recognized that by an imperial oration9 recently
sent to the Senate, We have abolished the name of the debt
account books, both of the oil treasury 0 and of the grain
treasury.10 Therefore, your vigilance shall provide that
what We formerly decreed should be abolished may not
blaze up with new flames of chicanery. For We decree that
the judge shall be stricken with a fine of twenty pounds of
gold and the primates of his office staff with capital punishment, in order that Our regulations may be more religiously enforced.
2.
Given on the nones of August in the year of the consulship of

Emperor Designate Honorius and of Evodius.-August 5, 386.
TITLE 12: DELEGATES AND THE DECREES

OF INSTRUCTIONS TO DELEGATIONS' (DE
LEGATIS ET DECRETIS LEGATIONUM)
Emperors Constantius and Constans2 Augustuses to
I grant unrestricted power to all councils in the provinces of Africa, that they shall have the right to establish
all their decrees' with harmonious and zealous judgment.
Thus they shall have the right to take counsel for their
interests as they consider advantageous; they shall have the
right to speak out freely what they think; they shall have
the right to establish their decrees and send their delegates.
i.
7 Of
the municipality.
Cf. 4, I, I.
9 Not extant.
1 CJ I1I, 33. Loans were made by municipalities of their funds.
12-12-1
M.
10 arca, 6, 4, 21, n. 69.
8 323-325,
2 CJ II, 33, 23
Lucerius, M. His official position is unknown. Cf.
14, 4, 2-
4 minus idoneus, inadequate, insolvent.

5 Or: to what persons, of whatsoever condition.
6 From his obligation to the municipality.
2,
19,
I;
1CJ io, 65.

2 Delete: Constans, M.
3 The provincials, through their legally established councils, were
allowed to meet and petition the Emperor. Most of their petitions
were for alleviation of their intolerable burdens of taxation and
E 379 1
12-12*1
Therefore, no dictator4 shall obstruct their meetings; no

person shall slander their deliberations.
Given on. the kalends of Augusts at Milan in the year of the consulship of Arbitio and Lollianus.-August 1, 355.
2. The same Augustuses' and Julian Caesar to Musonianus,

Praetorian Prefect.
No person who has been instructed to go to the tribe of
the Axumites 7 or the Homerites8 shall henceforth tarry at
Alexandria' beyond the space of the time limit of one year,
and after a year he shall not receive subsistence allowances.1 0
Milan in the fifteenth year of the indiction and in the year of the
eighth consulship of Constantius Augustus and the consulship of
Julian Caesar."-JanuaryIS, 356; 357.

The provincials shall first prosecute the decrees of their
desires in proceedings1 2 before the judges ordinary," and
then dispatch them to the office of Your Eminence, in order
that the more impudent petitions may be rejected and the
more reasonable petitions may obtain the benefits which
they request. Moreover, if there should be any requests of
such a nature that they arrest the attention of Your Magnificence with a reasonable doubt, it shall be sufficient that
you consult Our Wisdom with regard to them and arrange
that one of the delegates shall convey all the petitions to
Us, along with your letters.
Given on the third day before the kalends of June at Sofia (Serdica) in the year of the consulship of the sainted Jovian and of
Varronianus.-May 30, 364.14
4.15 The same Augustuses to Mamertinus, Praetorian Pre-
fect.
According to the law ' of the sainted Constantine, after
full discussion has been held in accordance with the wishes
of the municipalities, nothing shall thereafter be changed
or mutilated, but the petitions of such municipalities shall
be brought intact and unimpaired to the knowledge of your
most magnificent office, so that it shall be subject to your
decision as to which of the requests shall be immediately
fulfilled by your assistance and which of them appear suitable to be made known to the ears of Our Clemency.
Given on the seventh day before the ides of September at Aquileia in the year of the consulship of the sainted Jovian and of Varronianw.-September 7, 364.
5. The same Augustuses to Victor, Duke of Egypt.
When delegates of barbarians" come, their documents

must be sealed, so that both the trustworthiness of the
4
A rare title. The highest magistrate of the municipality. G.; HS.
5 The date is doubtful, since the other constitutions of this period

indicate that Constantius was not at Milan between July 25 and
September 2, 355, but was on an expedition in Raetia.
6 Should be: Emperor Constantius Augustus.
7 The Axumites, or Auxumites, were an Ethiopian tribe on the
coast of the Red Sea, G. ad locum.
8 An Arab tribe, G. ad locum.
9 tarry after departing from Alexandria, M.
10 alimoniae annonariae.
11 The date of this consulship was January I, 356-January 1, 357;
the fifteenth year of the indiction was September I, 356-September
1, 357. Hence there is an error in the date.
12 That they might be filed in the records, acta, 2, 8, I, n. 4.
is The governors of the provinces.
14 Valentinian was not at Sofia on this date.
15 CJ io, 65, 5.
17 gentiles.
16 Not extant, but cf. I, 16, 2.
letters and the

princes shall be
through such an
the letters to be
full number of those sent by the petty

conveyed to Our Clemency, in order that
occasion' there may be no opportunity for
opened and for anything to be added.
Given on the fifth day before the kalends of January in the year
of the consulship of the sainted lovian and of Varronianus.-December 28, 364.
6. The same Augustuses and Gratian Augustus to Claudius,

If delegates should come to Our court with unnecessary
requests and objectionable matters, they shall return to
their province at their own loss" and with their own
animals. 20
Given on the fourth day before the nones of February at Trier in
of Victor.-February 2, 369.
7. Emperors Gratian, Valentinian, and Theodosius Augustuses to Eutropius, Praetorian Prefect.

When separate municipalities wish to set forth their desires, they shall not each separately send delegates to the
court of Our Imperial Divinity, but they shall hold a discussion and an assembly and choose three men from the
province who shall convey their petitions. The governors
of the provinces shall be constrained to the enforcement
of this regulation by the threat of a competent fine. 2 1
Given on the sixth day before the kalends of August at Constantinople in the year of the fifth consulship of Gratian Augustus and
the first consulship of Theodosius Augustus.-JUly 27, 380.22
8. The same Augustuses to Severus, Prefect of the City. 2 3

If any municipality should wish to appoint delegates to
be sent to Our imperial sanctuary, it shall be granted an unrestricted opportunity, on the condition, however, that the
petitions shall be approved and polished2 4 by you before
being brought to Us.
Posted at Carthage on the eighth day before the kalends of April
in the year after the consulship of the Most Noble Syagrius and
Eucherius.-March 25, 382.
9. The same Augustuses to the Provincials.

If an entire diocese should consult in common, or if
separate provinces should wish to meet with each other,
by the power of no judge shall any discussion be deferred
if it is suitable to their advantage. Neither shall the governor25 of the province nor the holder of the power of
vicar or even the prefect himself suppose that he may request the decree.
i. We also add that if an entire diocese should choose one
or two men to whom it commits all its petitions, a postwarrant for one carriage of the public post shall be granted
to such delegates. But if each province should suppose that
delegates should be separately sent, the use of one post18 If the documents should be left unsealed.
19 injuria, harm, loss, expense, outrage, insult, injustice.
20 Not by the public post, at State expense, as was customary in

the case of properly accredited delegations, 12, 12, 9.
21 Those who contravene this regulation shall be constrained by
the governors of the provinces with the threat of a competent
fine, M.
22 The date is incorrect, since Theodosius left Thessalonica after
November 16 and arrived at Constantinople on November 24.
23 See M.'s note on 6, 6, 1. Cf. Min. Sen.,
nn. 25, 42.
24 elimare, polish, revise, edit.
25 rector, the judge ordinary. Other judges
were any high officials,
such as proconsuls, vicars, and prefects, 12, I, n. 4.
E 380 ]

wagon shall be granted to each delegation, provided only
that, just as it is Our will that the oppressed provincials
shall be permitted to lament their sufferings, 2 6 so Our provincials shall know that they must not undertake such a
pilgrimage in vain and that they must convey to Our sacred
imperial ears those matters which may reasonably be alleged before the Emperor, and they must not suppose that
Our Eternity should be besieged with superfluous transactions.
Given on the sixth day before the ides of May at Brescia in the
year of the consulship of Antonius and Syagrius.-May 10, 382.
10. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Principius, Praetorian Prefect.
Whenever it becomes necessary for delegations from
various provinces to come, instructed with decrees, to the
sacred imperial court of Our Clemency, all their claims
shall be investigated in the audience hall of Your Eminence,
in such a way that the order of the proceedings shall not
obtain a final decision, but the determination of each claim
shall be reserved unimpaired for an audience before Us and
for Our decision. Thus henceforth, whenever according to
custom the petitions of delegations as expressed by their
decrees are read in the consistory of Our Clemency from
documents in Our bureaus. Your Excellency shall refer to
us the decision of your own judgment and shall rehearse
the reasons as a basis for the sentence which We set forth.2 7

Given on the nones of November at Aquileia in the year of the
first consulship of Arcadius Augustus and the consulship of Bauto.
-November 5, 385.
ii. The same Augustuses to Eusignius, Praetorian Prefect.

If any delegates of a municipality, province, or guild
should wish to prosecute their petitions in such a way that
they do not substantiate all their mandates by the authority
of letters and decrees, 2 8 they shall be refused an audience
and shall be ordered to return home immediately, without
effecting their purpose.
Given on the fifteenth day before the kalends of March at Ticinum in the year of the consulship of Emperor Designate Honorius
and of Evodius.-February 15, 386.
12.29 Emperors Theodosius, Arcadius, and Honorius Augustuses to Apodemius, Praetorian Prefect of Illyricum.
If at any time an extraordinary meeting of a council is
required, when a delegation must be sent to Us or your
office must be notified of some matter, the decision which
all have agreed upon by common deliberation and discussion shall by no means be subjected to an examination by
the judge ordinary.' 3 For We permit you alone to acknowledge and to examine the petitions of the provincials, by
which necessary remedies are often sought for fortuitous
happenings, but We reserve for Ourselves the weighing of
the evidence and the pronouncement of the decision.
i. It is Our will that in a provincial council of one of the
more populous cities of the entire province, all men shall
convene who are honored with the insignia of primate,
with the exception of the prefectorials.Ao For it is unbecoming that men honored by high rank should be disre-
Or : to convey their laments to the Emperor.

The passage is obscure and the translation conjectural.
2 of letters that have been decreed, M.
29 CJ io, 65,
5.
30 praefectorii, those who have served in the office of prefect.
26
27
12*12*15
garded by those who are taking counsel, and it is more

unbecoming that such men should be summoned to a public
gathering with a slight to their high rank. Hence We decree
that it is honorable for such men to be consulted within
their own homes with reference to each matter that ought
to be discussed. 2. Thus their dignity shall not be degraded
by being mixed with the plebeians, and the approved counsel in the municipality shall not be neglected of any person
whose presence is lacking in the council. Of course, the
decree concerning the common interests shall be published
in a public place, and the customary authority shall confirm that which is approved by the consent of the majority.
Given on the fifth day before the kalends of August at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-July 28, 392.
13. The same Augustuses to Apodemius, Praetorian Pre-
fect.
The provincial council shall define by its own authority,
with the consent and advice of all, the time when it must
meet, so that the meeting itself shall be formally held in
one of the more opulent cities of the entire province, without injustice to anyone. Then the problems brought into
the council by the common aspirations of all shall be considered either in a public building or in some part of the
forum, where there can be a concourse of all, so that an
arrangement agreed upon by a few persons may not conceal
that which the desires of all seek- for the common good.
i. Moreover, if any man who is separated from the populace by the honor of emeritus should wish to participate in
an extraordinary council of the provincials, the reverence
due to the dignity of his rank and order shall be preserved,
and he shall either go to that place where he can learn the
desires of all, or he shall send a procurator and set forth
the import of his opinion, provided only that the public
authority shall be convoked32 for the ratification of the
wishes of the few.
Given on the fourth day before the ides of September at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-September 10, 392.

Anthemius, Praetorian Prefect and Patrician.
We command that the instructions of all provincial delegations shall be read in proceedingsl 2 conducted before
Your Sublimity and that they shall be carefully considered
by you, so that Your Sublimity shall not hesitate to select
and refer to Us any matters which are approved as worthy
of the assent and indulgence of Our Clemency. For the
necessary remedies will be decreed to all oppressed persons
in accordance with Our judgment.
Constantinople in the year of the consulship of Bassus and Philippus.-September r8, 408.
15." The same Augustuses to Monaxius, Praetorian Prefect.

Whenever a delegation is to be dispatched, We command
that all decurions who reside within the city and who are
not hindered by sickness or some unavoidable necessity
shall convene in the meeting place of the municipal council,
81 expect, M.
32 Or, reading non vocetur with G.: what the will of the few
may
desire shall not be called the public authority. M. suggests: the
public authority shall approve.
3 CJ io, 65, 6.
C 381 j
12*12*15
and they shall notify the Respectable augustal prefect of

their decrees which have been confirmed by their own subscription. Thus Your Virtue shall be informed by his reference of the matter to you, under your examination the
matter shall be carefully considered, and you shall issue
instructions as to whether the delegates shall come or not.
To no person whatever shall the right of free delegation
be entrusted, and the crown gold shall not be collected, as
was done recently, by those persons who have illicitly
bought the right by means of purchased honors whereby
they attain a higher rank. We command that they shall
recover the sum that they gave for their titles and therewith shall fulfill all compulsory services of their own municipality, and the crown gold must be paid by the entire
municipal council. We grant to Your Sublimity the right
to punish the aforesaid crime. (Etc.)
Given on the third day before the nones of October at Constantinople in the year of the seventh consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Palladius.October 5, 416.

Your Sublimity clearly recognizes that the requests of
the municipalities, the decrees of the cities, and the desires
of the people are matters to be settled by imperial rescripts,
that delegates who are admitted to Our imperial sanctuary
are always honored by the appearance of their Emperor,
and that they have freely spoken what was entrusted to
their loyalty and constancy by their commonwealth.
Given on the kalends of June at Nicomedia in the year of the
twelfth consulship of Our Lord Theodosius Augustus and the second consulship of Our Lord Valentinian Augustus.-June I, 426.
TITLE 13: CROWN GOLD' (DE AURO CORONARIO)

i. Emperor Julian Augustus to Sallustius, Praetorian Prefect.
Crown gold 2 is a voluntary service which not only must
not be levied on Senators but not even on other persons. It
is permissible that' it should be required by a certain necessity of levy, but such matters must be reserved for Our
judgment.
the consulship of Mamertinus and Nevitta.-April 29, 362.
Emperors Valentinian and Valens Augustuses to Mamertinus, Praetorian Prefect.

All men shall be called to the payment of the crown gold,
if they are unprotected by the dignity of the Senatorial
name, with the exception of those who are absolved by a
previous law' from this offertory. Therefore, all landholders shall hereafter either assume the payment of the
crown gold as decurions or of the glebal tax as Senators.
2.
Given on the fifth day before the kalends of September at Emona

in the year of the consulship of the sainted Jovian and of the Most
Noble Varronianus.-August28, 364.
112,
12, 15;
CJ 10, 76.
Gold, originally collected by voluntary contribution and presented as a thank offering to the Emperor; it later became a forced
contribution which was levied upon all decurions.
3 Or: . . . persons, even though. M. suggests: Of course, it must
be reserved for Our judgment as to whether any necessity should
require a levy. Or: ... persons, of course, unless.
4 Not extant.
2

With the exception of decurions who must offer crown
gold in accordance with the amount of their substance, no
person shall be held liable to such offertory.
Given5 on the ninth day before the kalends of July at Szombathely (Savaria) in the year of the consulship of Valentinian and
Valens Augustuses.-June 23, 368; 370; 373.
Au4. Emperors Gratian, Valentinian, and Theodosius

gustuses to Pancratius, Prefect of the City.6
If the senators of the various municipal councils should
offer anything in the form of golden crowns or in various
kinds of statues, induced thereto by their own affection or
by their joy over tax remissions' or on account of imperial
successes, such offerings shall be accepted, in whatsoever
material they may be offered, in order that whatever is voluntarily offered may not be subjected to the wrong of compulsion, on account of the opportunity presented by the
additional sum" exacted in pure gold.
Given on the fourth day before the ides of August at Vicus Augusti in the year of the consulship of Auzonius and Olybrius.August 10, 379.

It is Our pleasure that no man shall be forced to a contribution of crown gold, contrary to custom.
Given on the fifteenth day before the kalends of February at Constantinople in the year of the consulship of Richomer and Clearchus.
-January 18, 384.
6. The same Augustuses 0 to Gaddana, Satrap of Sofanena.

We decree that the crown gold shall be returned and restored to those persons from whom it appears that it was
illegally taken away, so that"1 according to the practice of
ancient custom, all satraps shall have the right to provide
from their own resources for the customary offering of
the crown to Our Serenity, in accordance with the devotion
which they owe to the Roman Empire.
Given on the eighteenth day before the kalends of July at Constantinople in the year of the third consulship of Valentinian Augustus and the consulship of Eutropius.-June 14, 387.
TITLE 14: MAGISTRATES OF THE PEACE'

(DE IRENARCHIS)
The very name of magistrates of the peace shall be
utterly abolished, since by their pretended protection of the
provincials they do not permit harmonious peace and concord to exist throughout the various country districts.
Therefore, this breed, so pernicious to the State, shall
cease; the undisturbed' simplicity of rescripts with reference to magistrates of the peace shall cease. The office of
1.2
6 Posted; 12, 6, 15. Valentinian did not come to Savaria at this

time.
6 Pancratius was Count of the Privy Purse.
7 indulgentiae, indulgences, favors, pardons, remissions of delinquent taxes.
9 CJ 10, 76, 1.
8 io , ii, and n. 19.
10 Emperors Valentinian, Theodosius, and Arcadius Augustuses.
11 but, M. Cf. 2, 29, n. I.
2
CJ Io, 77, 1.
3 Previously undisturbed; simplicity of rescripts: simple rescripts
were those signed by the quaestor only and not by the Emperor,
1 CJ 10, 77.
N Val 19, I, n. 2.
C 382
Deserters of Their Own Legal Status

Your Eminence shall undertake the task of suitably defending the interests of such peace of the provinces and
shall entrust the protection of the peace to wealthier men.
Given on the eighth day before the kalends of January at Constantinople in the year of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.-December
25, 409.
TITLE 15: CENTURIONS' (DE CENTURIONIBUS)

i. Emperors Arcadius and Honorius Augustuses to
Vincentius, Praetorian Prefect.
By the authority of this law We sanction that if any man
should desert the body of centurions, he shall not be protected by any privilege of rank, but he shall be forced to
undergo his due service.
Given on the ides of September at Milan in the year of the consulship of Theodorus.-September 13, 399.
TITLE 16: SUPERVISORS' (DE MANCIPIBUS)

1.2 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Albinus, Prefect of the City of Rome.
If any man should be protected by the surreptitious defense of a rescript, contrary to. the ancient sanctions, or if
anyone from the smaller guilds, or at any rate from inactive guilds, should be proved to be suitable, he shall be
assigned to the compulsory service of supervisor.
TITLE 17: THOSE PERSONS WHO HAVE OBTAINED EXEMPTIONS ON ACCOUNT OF

THE NUMBER OF THEIR CHILDREN OR ON
ACCOUNT OF POVERTY (DE HIS QUI NUMERO LIBERORUM VEL PAUPERTATE EXCUSATIONEM MERUERINT)
Emperor Constantine Augustus to Dalmatius.3
Since We have learned that some men have impetrated
from Us exemption from the performance of the compulsory public services that are incumbent on persons and have
presented to Our sight the children of others as their own,4
We command that such persons shall be deprived of this
special grant of imperial favor, if such deception should be
proved.
Moreover, if any man has five children, of whatever sex,
he shall enjoy the exemption that he has impetrated once
for all, with the condition that if in this number is found a
son of legal age, he shall be immediately assigned to undertake the compulsory public services instead of his father.
The exemptions, as promised by law, 5 shall be preserved in
the case of those fathers who have five sons or daughters.
i. But if any man should obtain exemption on account of
I.2
12-19-1
his slender fortune and should prove this fact, he shall enjoy this benefit if on account of his limited resources' he
should be called to the performance of compulsory public
services that are incumbent on persons.
Sirmium in the year of the third consulship of Crispus and the second consulship of Constantine.-January19, 324.7
TITLE 18: IF A DECURION SHOULD DESERT

HIS MUNICIPALITY AND PREFER TO LIVE
IN THE COUNTRY' (SI CURIALIS RELICTA
CIVITATE RUS HABITARE MALUERIT)
Emperors Valentinian and Valens Augustuses to Tatianus, Prefect of Egypt.
With your judicial power you shall constrain all decurions not to vacate the cities and transfer their family
lares rather to the country districts, an action which has
been repeatedly prohibited by law.
i.
Given on the sixth day before the ides of May at Marcianopolis

in the year of the consulship of Lupicinus and Jovinus.-May xo,
367.

(After other matters.) We command that all decurions
shall be warned under threat of punishment that they
must not flee or desert the municipalities for the purpose of
dwelling in the country. They shall know that if they prefer
any farm to the municipality, such farm shall be confiscated
to the fisc, and they shall be deprived of that country district for the sake of which they show themselves impious
by avoiding their municipality.
2.2

Constantinople in the year of the fourth consulship of Arcadius and
the third consulship of Honorius Augustus.-December 15, 396(?).8
TITLE 19: THOSE PERSONS WHO HAVE DESERTED THEIR OWN LEGAL STATUS (DE
HIS QUI CONDICIONEM PROPRIAM RELIQUERUNT)
i. Emperors Arcadius and Honorius Augustuses to Vincentius, Praetorian Prefect of Gaul.
The municipalities have been stripped of their skilled
workmen' and have lost the glory with which they were
once resplendent, since indeed, very many members of
guilds have deserted the service of the cities and are following the country life, by betaking themselves to secret and
out-of-the-way regions. But We destroy such trickery by
the authority of this law, so that wherever in the world they
may be found, they shall be recalled to their duties without
the support of any exception.2 With reference to their chil6 Wealthy men were able to make money payments in fulfillment
of their compulsory public services; the poor were compelled to
contribute their labor.
7 Either the second consulship of Crispus (321) or the third consulship of Constantine (324).
1 I2,
I,
156.
1 CJ 10, 38.
'Of the breadmaking establishments, G.

2
Symmachus 10, 58.
1 CJ
Io, 52.
CJ 10, 38, I. Cf. 12, I, n. 232.

The date does not agree with the date of the prefecture of
Eutychianus, 3, 12, 3, n. 8.
2
CJ
10, 52, 6.

4 7, 4, 28, n. 70.
5 Apparently the Julian and Papian law.
1 ministeria, guilds of skilled workmen who were conscripted for

public service.
2 exceptio, a defense that barred further action, a demurrer.
[ 383 1
Deserters of Their Legal Status
12*91
dren who are proved to have been born within the last forty
years, the general rule shall be observed that such children
shall be divided between the municipality and the masters
of the inquilinae or colonae or of the slave women who
were married by such men, in such a way that if the inheritance devolves upon a more remote degree, the heirs
shall fear no chicanery. (Etc.)
Given on the third day before the kalends of July at Milan in the
year of the consulship of the Most Noble Stilicho and Aurelianus.
-June
29,
400
.3
The same Augustuses to Vincentius, Praetorian Prefect

of Gaul.
We do not limit public and private actions in the same
manner, since, indeed, more careful provision must be made
for the public interest. Therefore, if any man should serve
a municipal council or a guild or a border fortress or any
other association within the same province5 for thirty years,
or within another province for forty years, without interruption, he shall not be touched by any action brought in
the interests of the imperial domain or of a private individual, if any person should attempt to raise any question
of his status as a colonus or inquilinus. (Etc.)
2.4
year of the consulship of Stilicho and Aurelianus.-June29, 400.3
3. The same Augustuses to Vincentius, Praetorian Prefect

of Gaul.
(After other matters.) That provision" of Our Clemency
shall remain binding whereby if any man is proved to have
performed his compulsory public services for thirty years
and has never been prosecuted by any suit, provided that he
is sued in the same province,5 he shall fear no calumny as
to his legal status from a private individual or from the
overseers of the imperial domain. If it should be proved
that any man has been sued within the prescribed time
limits, he shall be sued by the established law in the ordinary court,' so that sentence may be pronounced there with
reference to his legal status. Of course, We constrain the
chief decurions of the municipal senates and the defenders
of the municipalities by the threat of punishment, not to
allow a fugitive from a municipal council or a guild to
wander abroad, to the disadvantage of the public. But if
such officials should be detected to have been silent through
favoritism, they shall receive the punishment of exile by
relegation.
year of the consulship of Stilicho and Aurelianus.-June29, 4oo.3
6 12, 19, 2.
7 ordinariasedes, the court of the judge ordinary, the governor

-34, 23, I.
4C
iI,
66, 6.
As his residence.
of the province.
[ 384 J
BOOK XIII
TITLE 1: THE LUSTRAL TAX PAYMENT' (DE
LUSTRALI COLLATIONE)
i. Emperors Constantius Augustus and Julian Caesar to
All tradesmen must pay immediately the tax payable in
gold and silver, and only clerics who are called gravediggers2 shall be excepted, nor shall anyone else be exempt
from the performance of the duty of this tax payment.
Given on the fourth day before the nones of December.-December
(356). Received at Rome on the eighth day before the ides of
February in the year of the ninth consulship of Constantius Augustus and the second consulship of Julian Caesar.-February6, 357.
2,
The same Augustus and Caesar to Taurus, Praetorian

Prefect.
All persons who appear to practice the business of merchandising shall be constrained to the burden of the tax
payment, except those who are demonstrated by manifest
proof to have sustained terms of imperial service under
arms, and who, when they have attained their leisure,3 are
proved to have obtained exemption up to a fixed sum of
money.'
2.
Received on the sixth day before the ides of July at Carthage in

the year of the tenth consulship of Constantius Augustus and the
third consulship of Julian Caesar.-July 10, 360; 357.
5
3. The same Augustus to the Senate.

Of course, if your rustics and coloni do not engage at all
in the business of commerce, they must not be assessed for
taxes as tradesmen. Indeed, it must not be reckoned as
business and merchandising if your men and also the
rustics dwelling on your landholdings should sell those
products yielded by the lands which they are cultivating
and on the same farm.
4.6 Emperor Julian Augustus to Secundus, Praetorian

Prefect.
(After other matters.) Decurions who evade their compulsory public services on the ground that they are Christians7 shall be recalled.
i. The municipal councils shall be exempt from payment
of the tax payable in gold and silver which is levied upon
tradesmen, unless perchance it should be proved that a
decurion is engaged in merchandising to any extent. Thus
the senates of the municipalities shall be exempt from the
arrears of such burdens, as We have already said.
Posted on the third day before the ides of March at Constantinople in the year of the consulship of Mamertinus and Nevitta.March 13, 362.
1Brev. 13, 1; CJ II, I. Cf. 2, 13-14;
terms, see the Glossary.

2 copiatae, 16,
8 By
4
2, 15.
an honorable discharge.
7, 20, 3.
5 Should be: Emperor Julian Augustus.

6 12, I,
50.
7 Clerics.
II, 24, and for technical
Valens Augustuses to Se5.8 Emperors Valentinian and

9
cundus, Praetorian Prefect.
You shall compel to the necessity of the tax payment any
tradesmen who belong to Our imperial household, provided only that they appear to practice the business of
commerce, and Christians 7 who, if they have the true religion, wish to assist the poor and those situated in need,
and also those men under the control of the more powerful
classes and the more powerful men themselves, if, indeed,
their occupation is buying and selling, especially since
any person of the more powerful classes either musto not
engage in business himself or musto pay the tax and rather
be the first to assume the tax, as honor demands.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the consulship of the sainted Jovian and
of Varronianus.-April17 (20), 364-11
6. The same Augustuses to Florentius, Count of the Sacred

Imperial Largesses.
We levy upon merchants a tax payment in gold and silver, whereby public expenditures may be assisted. No man,
therefore, shall employ a special plea12 of exemption. For
We command such men of all religions and all ranks to
sustain this equal share in assisting the State without the
indulgence of any special privilege. Furthermore, in this
situation that is common to almost all persons, a special
plea" shall defend only those persons who are very evidently recognized as engaged in business on their own
land," through themselves or through their men, and such

persons must not be considered so much in the category
of merchants as of skilled and zealous masters.
Given on the sixth day before the ides of September in the year
of the consulship of the sainted Jovian and of Varronianus.September 8, 364.
7. The same Augustuses' 4 to Probus, Praetorian Prefect.

If any person by the sweat of his terms of service in war
should obtain rank up to that of imperial bodyguard, . . j5
the price of one scabbard, even though he appears to engage in other types of merchandising. If, moreover, he
should have invested in the business of merchandising anything above such fixed amount, he shall be constrained to
the necessity of the tax payment for that amount which
can be found in excess of the fixed sum. But if any man
at all has been exalted by the title of another 16 rank and by
the honor1 6 of military service duly acquired, even
CJ 1, 4, I; 4, 63, 1. Cf. 3, I, 9, n. 24.
9 Julianus, Count of the Orient, CJ. He died toward the end of
8
362. Hence there is a confusion in the dates as given in the sub-
scription. See M.'s note.
10 debere, must, ought.

11 The twelfth day before the kalends of May, ms. V.
12 exceptio, exception, special plea, a special defense that bars
further action, a demurrer.

'I Reading rure; the products of their farms. The ms. has jure.
15 Supply: bodyguard, if he engaged in merchandising, he shall
be exempt from the payment of the gold and silver up to the price
of one scabbard, M.
16 Honorary.
E 385 1
The Lustra l Tax Payment
13-1*7
though he should engage in this business of trading

through his own men, he shall be constrained to the duty
of the tax payment.
Posted at Carthage on the kalends of April in the year of the
consulship of Emperor Designate Valentinian and of Victor.April 1, 369.

to Claudius, Proconsul of Africa.
Those men only shall be constrained to the payment of
the tax payable in gold and silver who are occupied in the
management and use of shops in exchanging merchandise
by buying and selling, but not also the coloni attached to
the estates of Our privy purse, if they sell those products
which the year has produced on their Lord's landholdings.
Given on the sixth day before the kalends of May at Trier in
consulship of Valens Augustus.-April 26, 370.
9. The same Augustuses to Leontius, Governor" of

Phoenicia.
All men now occupied in the pursuit of business,
whether collectors of purple dye fish or merchants of any
other guild, shall be compelled to the payment of the tax
payable in gold which is levied upon tradesmen. For a
special grant of imperial favor given to certain persons
is a wrong committed upon the common people.
Posted at Beirut on the day before the kalends of July in the year
of the consulship of Modestus and Arintheus.-June 30, 372.
Emperors Valentinian, Valens, and Gratian Augustuses to Italicus, Vicar of Italy.

Neither the coloni of the estates of Our privy purse nor
any other rustics shall be disquieted on account of the
produce which grows customarily in their fields. We decree that also those persons who seek and maintain their
livelihood by manual labor, such as potters and carpenters,
shall be free from the burden of such tax payment. In
this way only those of the rustic common people who on
account of the merchandise and assets of business are
among the tradesmen shall assume the lot of a tradesman,
since they are not held to the cultivation of their fields by
a zeal previously engendered in them, but are involved by
their acquired mode of life and by their preference in the
buying and selling of goods.
1o.
Given on the nones of February at Milan in the year of the third

consulship of Gratian and the consulship of the Most Noble
Equitius.-February5, 374.18
ii. Emperors Gratian, Valentinian, and Theodosius Augustuses to Hesperius, Praetorian Prefect.
Although the payment of the lustral tax payable in gold
has in view all merchants, nevertheless, clerics within Illyricum and Italy shall have the right to follow the occupation of tradesmen exempt from taxation to the extent of
ten solidi each; within Gaul, to the extent of fifteen solidi
each. If any capital is employed in business, beyond this
amount, however, it must be subject to the payment of this
tax payable in gold.
9
Given on the third' day before the nones of July at Aquileia in
the year of the consulship of Auxonius and Olybrius.-July 5, 379.
20
12. The same Augustuses to Atticus, Praetorian Prefect.
No tradesman shall be exempt from the payment of
17 Consularis.
It is doubtful that Valentinian was at Milan on this date.

20 Doubtful.
19 The sixth, 7, 18, 2.
's
public taxes 2' except those only who by harmless industry

merely sell the domestic products grown on their own landholdings. The office staffs and tax collectors must be held
responsible for those tradesmen whom they are proved to
have exempted and removed,22 to double the amount of
that sum which those tradesmen should have paid.
Given on the third day before the ides of March at Milan in the
year of the consulship of Richomer and Clearchus.-March13, 384.
13.23 The same Augustuses to Our dear friend, Postumianus, 2 4 Greetings.

No persons shall be held bound by the tax payable in gold
if they sell any home-grown products. But if indeed the
size of their family fortune should be increased by the
profit of buying and selling and these profits have been
sought far and near, even though they are military men,25
they shall be held liable to the aforesaid tax payment.
Given on the sixth day before the ides of November in the year
of the consulship of Richomer and Clearchus.-November 8, 384;
383.
INTERPRETATION: If any person should sell a product
which has been grown on his estate, or which he has not
bought, by no means shall he be held liable to the payment
of the tax payable in gold. If, however, it should be proved
that he scurries here and there in his eagerness for buying
and selling, even though he is a military man, 2 5 he shall be
held liable to the payment of the tax payable in gold.
14. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Principius, Praetorian Prefect.
If any persons through their labor should complete their
imperial service, and by the completion of their terms of
service in due order they should be exalted to the rank of
imperial bodyguards, or if they should be presented with
this honor by the necessity of an honorable or a medical
discharge, We command that they shall have exemption to
the extent of fifteen solidi in all transactions of merchandising. Such persons must assume the public tax payment 21
if they wish to manage their business in buying and selling
products with a larger capital investment than the amount
established by Our law.
Given on the day before the nones of November at Verona in the
of Bauto.-November (August) 4, 385.

If any very powerful man should suppose that any
tradesman should be defended contrary to the advantage
of Our fisc from paying the gold due, the defender of the
tradesman shall himself be forced to pay the sum assessed
on the person whom he has defended.Given on the eighteenth day before the kalends of May at Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-April 14, 386.
16." Emperors Arcadius and Honorius Augustuses to

Clearchus, Prefect of the City.
We command that all members of guilds27 about whom
complaints have arisen shall be sued as quickly as possible,
21
22
munera, compulsory public services, tax payments, II, 16, n. I.

From the tax lists, 2, 29, n. I.
Brev. 13, I, I. This constitution should come after

i3, 1, 14.
25 miltaris, militans, military man, member of
the imperial
service; veteran. All of these had special privileges.
23
24
26
13, I, I.
27
Of tradesmen; cf. 13, I, 17. gravediggers, Reinesius,

13, I,
E 386 ]
1.
Physicians an i Professors
in order that, since they are pursuing the profits of tradesmen, they shall surrender the exemption of clerics, or else,
if they serve the Most Holy Divinity, they shall abstain
from shrewd pursuits of gain in consideration of Your
Sincerity. For the services of religion and those of shrewdness are distinct.
in the year of the consulship of the Most Noble Theodorus.-May
8, 399; 400.
7
17. The same Augustuses to Januarinus, Governor ' of
Numidia.
We are not ignorant of the fact that the lustral tax
payment in gold is paid by tradesmen, and since the responsibility for tax assessment customarily reverts to those
persons who are constrained by the necessity of the tax
payment, decurions shall not be subject to this burden.28
Tradesmen shall know, therefore, that they must select
supervisors from their own guilds, as is done in almost all
municipalities, without any diminution of the resources
of Our treasury; and the assessment of this alien tax shall
be removed from the decurions.
Given on the day before the nones of June at Milan in the year
of the consulship of the Most Noble Theodorus.-June 4, 399.
18.29 The same Augustuses to Pompeianus, Proconsul of

Africa.
All tradesmen must pay the lustral tax. Not only those
persons, therefore, who are proved to be engaged in trade
in the country districts or in the municipalities shall be
subject to this tax payable in gold, but also those who engage in pursuing usury and rejoice in the accession of
money which increases day by day.
Given on the day before the kalends of July at Milan in the year
of the consulship of Stilicho and Aurelianus.-June 30, 400.
19.30 The same Augustuses to Septiminus,ax Proconsul of
Africa.
All men who are occupied in the pursuit of different
kinds of business shall assume the obligation of the tax 32
payable in gold, so that those who have the desire to engage
in the business of merchandising shall be held to this tax
payment.
Given on the seventh day before the kalends of April at Ravenna
in the year of the first consulship of Our Lord Theodosius Augustus
and the consulship of Rumoridus.-March 26, 403.

Tax payments which are weakened by the lessened number of taxpayers must be restored to a stable condition, so
that what was formerly demanded all at one time and
under one claim for payment shall be furnished in small
and very trifling installments, without the general agreement" of the taxpayers. We command that this regulation
shall be observed forever in the payment of the lustral
gold, and We forbid that well-known former practice,
whereby any person should dare to demand from Our
Clemency a tax"1 of this kind.
20.
Decurions were compelled to collect the taxes in kind from

landholdings; hence they were excused from this additional burden.
29 12, 1, 166.
30 14, 3, 21.
81 Septimius, ms. V.
28
32 devotio, prompt tax payment, ii, I, n. 44.

3 No general agreement of taxpayers shall be further required.
without any feeling of hardship, M.
3 vectigal; exemption from the tax.
13-3-1
Given on the eighth day before the kalends of July in the year of
the consulship of the Most Noble Varanes.-June 24 (May 25), 410.
21.' The same Augustuses to Monaxius, Praetorian Prefect.

No merchant or possessor of property which is held subject to the payment of the lustral tax payable in gold shall,
because of his confidence in protection or because of the
influence of any person whatsoever of very high rank,
suppose that he should be exempt from the payment of the
aforesaid tax, not even if he belongs to the estates of the
household of the Venerable Lady, Augusta Pulcheria, Our
Own sister, or to the household of the Most Noble sisters"
of Our Piety.
Given on the twelfth day before the kalends of September in the
year of the twelfth consulship of Honorius Augustus and the eighth
consulship of Theodosius Augustus.-August 21, 418.
TITLE 2: THE VALUATION OF SILVER THAT

IS PAID INTO THE TREASURY' (DE ARGENTI PRETIO QUOD THESAURIS INFERTUR)
1.2 Emperors Arcadius and Honorius Augustuses to Eutychianus, Praetorian Prefect.
We command that for a sum of silver which any person
intends to pay into the treasury, he shall receive the right
to pay gold, in such a way that for each pound of silver he
may pay five solidi of gold.3
Given on the eleventh day before the kalends of March at Constantinople in the year of the consulship of Caesariusand Atticus.February 19, 397.4
TITLE 3: PHYSICIANS AND PROFESSORS'

(DE MEDICIS ET PROFESSORIBUS)
1.2 Emperor Constantine Augustus to Volusianus.3
We command that physicians, grammarians, and other
professors of literature, together with the property which
they possess in their own municipalities, shall be exempt
from public obligations and that they shall perform the
duties of honorable offices.4 We forbid also that they be
summoned into court or suffer any indignity, and if any
person should molest them, he shall pay to Our treasury
one hundred thousand coins.5 This fine shall be exacted by
the ordinary magistrates' or the quinquen-nial magistrates,7
or they themselves must suffer this punishment.
35 Arcadia and Marina.
2 CJ 10, 78, I.
3 A ratio of gold to silver of 14.4 to I, since there were seventy-
1 QJ 10, 78.
two solidi in a pound of gold.

4 The date disagrees with the known dates of Eutychianus as
Prefect, 3, 12, 3.
16, 16; 6, 21; 14, 9; CJ 1o, 53. Medicine and education had been
socialized. Hence the salaries of the physicians and professors were

paid by the State or by the municipalities. Physicians, like other
members of the bureaucracy, were commonly bribed by the wealthy
in return for special favors, 2, 29, n. i.
2 CJ 10, 53, 6.

4 fungi honoribus, hold honors, be magistrates. M. suggests
fungentes, when they perform the duties of honorable offices.
6 nummi, each worth about 1/12 of one cent, USA 1950, or
i/6ooo of a solidus.
7 Elected every fifth year.
E 387 ]
Physicians and Professors

13-3-1
i. If a slave should do any wrong to these men, he must
lives secure from the molestation of all compulsory public
be beaten with lashes by his own master in the presence of
services.
Given on the fourth day before the ides of May at Constantinople
the person to whom he has done the wrong; or if the
in the year of the consulship of Mamertinus and Nevitta.-May 12,
master consented to such misdeeds, he shall pay twenty
362.
thousand coins 5 to the fisc, and the slave shall be held as a
pledge until this sum has been paid in full.
2. We command also that their fees and salaries' shall be
Masters of studies and teachers must excel first in charrendered unto them.
acter, then in eloquence. But since I cannot be present in
3. Since parents, masters, and tutors ought not to be
person in all the municipalities, I command that if any man
subject to very burdensome dignities, .... We permit them
should wish to teach, he shall not leap forth suddenly and
to perform these honorable offices if they wish, but do not
rashly to this task, but he shall be approved by the judgforce them against their will.
ment of the municipal senate and shall obtain the decree of
9
Posted on the kalends of August at Sirmium in the year of the
the decurions with the consent and agreement of the best
consulship of Crispus and Constantine Caesars.-August I, 321;
citizens. For 21 this decree shall be referred to Me for con324.10
sideration, in order that such teachers may enter upon their
2.11 The same Augustus to Rufinus, Praetorian Prefect.
pursuits in the municipalities with a certain higher honor
2
because of Our judgment. 2 2
All chief physicians and ex-chief physiciansl shall reGiven on the fifteenth day before the kalends of July.-June 17.
main exempt from all the compulsory public services of
8
on the fourth day before the kalends of August at Spoleto
Received
decurions," of Senators, of counts, and of men with the
in the year of the consulship of Mamertinus and Nevitta.-July 29,
rank of Most Perfect, and from the services and compul362.
sory duties which are often imposed upon those persons
who have performed the duties of an administrative office.
6. Emperors Valentinian and Valens Augustuses to MaAlso they shall remain free and exempt from all public tax
mertinus, Praetorian Prefect.
payments, and they shall not be called to any payment of
If any man should be found equally suitable in character
gold, silver, or horses, obligations which on occasion are
and eloquence for teaching the youth, he shall either esassessed upon the aforesaid municipal senates and dignitablish a new auditorium or seek again one that has been
taries. Moreover, We decree that the indulgence of this
abandoned.
sanction shall devolve also upon their children.' 4
Given on the third day before the ides of January in the year of
Given on the twelfth day before the kalends of June in the year
of the seventh consulship of Constantine Augustus and the consulship of Constantius Caesar.-May 21, 326; 354; 320.15

In confirmation of the special grants of imperial favor
by previous sainted Emperors, We command that physicians and professors of literature and also their wives
and their children" shall be free from the performance of
every obligatory and compulsory public service. They shall
not be held subject to the duties of military service '7 nor
receive quartered persons nor perform any compulsory
public service, so that they may more easily train many
persons in the liberal studies and the aforesaid arts.
3.16
Posted on the fifth day before the kalends of October at Constantinople in the year of the consulship of Daimatius and Zenophilus.-September 27, 333.
4."' Emperor Julian Augustus to the Chief Physicians.

Reasons of equity demand that We decree that the privileges19 granted to you by the former Emperors shall be
confirmed. Therefore, relying upon the sanction of Our
Clemency, you shall continuously spend the rest of your
8 Corrupt text. Since parents, masters, and husbands cannot be
exempt from very burdensome dignities, which they must perform,
such duties are incumbent on physicians also, but they are not
compelled to be tutors, M.
9 Given.
10 Either in the year of the second consulship
(32)
or of the
third consulship (324) of Crispus and Constantine Caesars.

'. CJ Io, 53, 6.
12 Or: honorary chief physicians, Glossary, s.v. ex-. The chief
physicians were medical supervisors in the bureaucratic hierarchy.
14 fili, sons, children.
13 Delete: of decurions, M.
16 13, 3, 1-2; CJ 10, 53, 6.
note.
M.'s
and
I,
9,
2,
15
17 Either to serve as soldiers or to furnish soldiers.
19 13, 3, 1-318 Julian, Epist. 25b.
the consulship of the sainted Jovian and of Varronianus.-anuary

11, 364.23
The same Augustuses2 1 to Probus, Praetorian Prefect.

Every man shall be returned to his municipality if he is
recognized as having unduly and insolently usurped the
garb of philosophers, except those persons who have been
endorsed by the most approved persons and thus ought to
be separated from this filthy crowd. For it is disgraceful
that a man who professes 26 to endure the violence of fortune cannot bear to perform the compulsory public duties
of his municipality.
7.24
Given 27 on the fourteenth day before the kalends of February at

Sirmium in the year of the consulship of Emperor Designate
Valentinian and of Victor.-January 19, 369.
The same Augustuses to Praetexatus, Prefect of the

City.
As many chief physicians' shall be appointed as there are
districts of the City, except in the districts of Portus
Xystus and in the areas belonging to the Vestal Virgins.
Such physicians, knowing that their subsistence allowances
are paid from the taxes of the people, shall prefer to minister to the poor honorably rather than to serve the rich
8.28
shamefully. 29
i.
20
We allow these physicians also to accept those offerCJ 10, 53, 7.
21
Finally, M.
22 Our judgment may be added with a certain higher honor to

the studies in the municipalities, M.
23 The constitution was issued by Jovian if the date is correct.
24 CJ 10, 53, 8. This law is directed against fugitive decurions.
Cf. 12, I, 63.
26 Add: that he is able, M.
27 Posted, 7, 23, I.
28 CJ 10, 53, 9.
29 Socialized medicine, n. i, which neglected the poor who gave
them no fees or gratuities. Subsistence allowances were salaries,
Glossary.
L 388 1
Physicians and Professors

ings which healthy persons offer them for their services,
but not those offerings which persons in danger of death
promise them for saving their lives.
2. But if the lot of fate or some chance should remove
anyone from this number of chief physicians, another shall
be selected for his place, not by the patronage of the very
powerful nor by the favoritism of the judge, but by the
faithful and circumspect choice of all. 0 The candidate
must also be considered worthy of the association of his
peers and of the dignity of the office of chief physician and
of Our judgment. The name of the candidate must be referred to Us forthwith.
Given on the third day before the kalends of February at Trier
in the year of the consulship of Valentinian Augustus and the
third3
consulship of Valens Augustus.-January 30, 370; 368.
13 *3,14
slightly smaller, according to custom. Thus the selection of

renowned professors shall be duly made in each separate
city which is called a metropolis, but We do not judge7
that each municipality shall be free to compensate its professors and teachers with salaries at its own pleasure. Indeed, We suppose that a more generous amount should be
bestowed upon the very renowned City of Trier, namely,
that thirty subsistence allowances shall be furnished a
rhetorician, likewise twenty to a Latin grammarian, and
also twelve subsistence allowances shall be paid to a Greek
grammarian, if anyone worthy to be chosen can be found.
Given on the tenth day before the kalends of June in the year of
the fifth consulship of Valens Augustus and the consulship of
Valentinian Augustus.-May 23, 376.
The same Augustuses"s to Vindicianus.

No expense shall follow the dignity nor vex the heirs of
the chief physicians who have flourished by the probity of
their entire lives within the innermost shrines of the royal
palace. In the case of those chief physicians also who have
been presented with the rank of count, as custom requires,
the demand for compulsory public services of a menial
nature shall cease. For We preserve 39 the increments of
rank and of bounty that were cherished and undertaken by
Our fathers. 40
12.
9.32
The same Augustuses to Olybrius, Prefect of the
City.
If anyone by the merit of promotion must be added to fill
the place of a deceased chief physician, he shall not become
an associate until he shall be approved as suitable by the
first seven physicians found in the order, or even more,
who shall act as judges. Thus whosoever is admitted shall
not come immediately to the rank of the foremost physicians,"3 but he shall follow that order by which he shall
be found to be last, and all the others shall be promoted to
prior places.
i. Your Sincerity, in accordance with the regulation"
formerly made, shall provide that subsistence allowances
shall be paid to these physicians29 and that they shall be
paid on the basis of their merits and their rank.
Given on the sixth day before the ides of March in the year of
the consulship of Valentinian Augustus and the third consulship of
Valens Augustus.-March 10, 370.
io. The same Augustuses to Principius," Prefect of the
City.
All men shall know that exemption has been granted to
the physicians and teachers of the City of Rome, so that
their wives also shall be granted exemption from all disquietude, and they shall be free from all other public burdens. It is Our pleasure that the aforesaid persons shall
not be held subject to military duty" at all, nor shall they
be compelled to receive quartered military persons.
the consulship of Valentinian Augustus and the third consulship of
Valens Augustus.-April 29, 370; 373.
Emperors Valens, Gratian, and Valentinian Augustuses to Antonius, Praetorian Prefect of Gaul.
Throughout every diocese committed to Your Magnificence, in the most thickly populated municipalities, which
are powerful and eminent by their renown, all the best preceptors-We mean rhetoricians and grammarians of the
Attic and Roman learning-shall preside over teaching the
youth. To those holding the rank of orators shall be
granted the pay of twenty-four" subsistence allowances'
from the fisc; to the grammarians, whether Latin or Greek,
shall be paid twelve subsistence allowances,' an amount
ii.
Of all the chief physicians, 13, 3, 9.

s1 The second, M.
82 CJ io, 53, 10.
33 priores, foremost, former, his predecessors.
30
13, 3, 8.
Perhaps Praetextatus,
Prefect, 384-386.
36 twenty, M.
36
13, 3, 8. Principips was Praetorian

Trier in the year of the consulship of Auxonius and Olybrius.September 14, 379.

Augustuses to Pinianus, Prefect of the City.
If Your Magnificence should see that anything is being
done in your court by the frequent use of rescripts that
have been surreptitiously impetrated, so that some derogation appears to have been made from the effect of those
laws 4 2 which have been promulgated with respect to references of cases to the Emperor, you shall rescind all those
actions which appear to have been done through favoritism, and with reference to the appointment of chief physicians, you shall cause to be enforced in every respect the
tenor of those laws"3 which were established by Our father
of sainted memory, and which also are confirmed by Us,
in accordance with the authority of this rescript.
Given on the eleventh day before the kalends of February at
Milan in the year of the third consulship of Valentinian Augustus
and the consulship of Eutropius.-January22, 387.

We command to remain established in perpetuity those
privileges 4 which the former Emperors45 by their judgment, sacred and destined to last forever, have conferred
upon the chief physicians of the sacred imperial palace,
both by the contemplation of the ancient laws and in consideration of their present labors, since they profess a salutary and necessary art; nor shall these ordinances be
violated by any improbity of any man.
Given on the sixth day before the ides of March at Constantinople
consulship of Eutropius.-March10, 387.
3 Delete: We do not judge that, M.
3 Emperors Gratian, Valentinian, and Theodosius Augustuses,
10, 19, 9; Marcellus Empiricus, p. 21 (Helmreich).
39 For the heirs.
40 Or: the fathers of the aforesaid heirs.
41
Symmachus, Epist. 10, 40.
13, 3, 8-9.
4 13, 3: 2, 4,
Constantine, Constantius, Julian, Valens.
42 II,
[ 389 1
29-30.
12.
Physicians. and Professors
13*3*15

(After other matters.) It is Our will that the privileges
of the chief physicians, which were granted to them by
ancient sanctions," shall remain unimpaired and hold
perpetual validity. We decree that this additional privilege
shall be granted, namely, that those who have held administrative offices or those who hereafter may enjoy the
honors of such offices, or those who have been discharged
from the palace service and are protected by the support
of testimonial letters, shall not be summoned to Senatorial
tax assessments, but they shall be exempt from all compulsory public services and shall enjoy the rewards of their
rank in freedom and security.
I.
Given on the seventh day before the kalends of August at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-July 26, 393.

We command that grammarians, orators and teachers of
philosophy, and likewise physicians, in addition to the privileges and immunities which they have obtained by the authority of sanctions41 formerly issued, shall enjoy this
prerogative, namely, that all who have performed imperial
service in the sacred imperial palace as chief physicians,
when they have acquired the rank of count of the first or
second order, shall be vexed by no municipal tax payment,
no tax payment of decurions, no assessment of a Senatorial,
or glebal tax. Whether they have obtained their discharge
by the acquisition of an administrative position or by the
receipt of a testimonial letter, they shall be exempt from
every obligatory and compulsory public service. Their
homes, wherever they may be established, shall not be compelled to receive and quarter a soldier or judge. We command that all these privileges shall be observed unimpaired
for their children also and for their wives, so that the
children 4 of the aforesaid persons shall not be dragged to
military duty against their will. We command, moreover,
that these privileges shall be conferred upon the aforesaid
professors and their children.
Given on the day before the kalends of December at Constantinople
in the year of the consulship of Constantius and Constans.-November 30, 414.
17." The same Augustuses to Helion, Master of Offices.
Upon professors of liberal arts, and especially upon

physicians, when they perform imperial service with the
rank of count of the first or second order, Our Clemency
has conferred privileges and special grants of favor given
by former Emperors, and likewise new benefits for themselves and for their children,' 4 as the attached sanction4 1
attests. These regulations must be closely observed.
Given on the day before the kalends of December at Constantinople in the year of the consulship of Constantius and Constans.
-November 30, 414.

Helion, Master of Offices.
According to a second edict 5 ' of Our Majesty, which retains its own validity and which was promulgated about
persons who must be exempted as well as those who must
46
13, 3, 19; CJ 10, 53, II. Monaxius was Prefect of the City, M.
41
13, 3, 1-15.
48
13, 3, 16.
50 13,
51 7,
8,
13, 3, 14.
14.
C 390
4, 4; CJ
12, 40,
8.
furnish the quarters that are due to persons in imperial

service, those privileges must be observed which We formerly sanctioned" for chief physicians and masters of literature. For We command that such men, because of their
necessary arts and liberal instruction, must be freed as
long as they live from the molestation of furnishing quarters. Those privileges, therefore, shall remain unimpaired,
which appear to have been formerly established by Our
most just constitutions regarding chief physicians who are
proved to have performed imperial service in Our palace
as counts of the first or second order, and regarding masters of liberal studies.
Given on the fourteenth day before the kalends of September in
the year of the consulship of Hierius and Ardabur.-August 19, 427.
i9.68 The same Augustuses to Proculus, Prefect of the

City.
In consideration of the services of the chief physicians
of the sacred imperial palace, We decree by the present
sanction that, if any of them should obtain the rank of
count of the first order or should ascend the grade of a
higher rank, according to that indulgence which was previously granted to them through the sacred imperial constitutions," they shall be specifically exempt from the
payment of the glebal tax. Their interests shall not be
prejudiced by the new law"6 through which We ordered
that with the exception of certain ranks which have been
expressly mentioned therein, all persons should assume the
Senatorial compulsory public services.
Given on the third day before the ides of July at Constantinople
in the year of the consulship of Felix and Taurus.-July 13, 428.
TITLE 4: THE EXEMPTIONS OF ARTISANS'

(DE EXCUSATIONIBUS ARTIFICUM)
1.2 Emperor Constantine Augustus, to Felix.3
There is need of as many architects as possible, but because they do not exist, Your Sublimity shall urge to this
study those youths in the African provinces who are about
eighteen years old and have had a taste of the liberal
studies.4 In order that this study may be attractive to them,
it is Our will that these students, as well as their parents,
shall be exempt from those services which are customarily
enjoined upon persons,- and that an adequate salary6 shall
be established for those who are students.
Posted on the sixth day before the kalends of September at Carthage in the year of the consulship of Optatus and Paulinus.-August(?) 27(f) 334.7
2.8 The same Augustus" to Maximus, Praetorian Prefect.

We command that artisans who dwell in each city and
who practice the skills included in the appended list
shall be free from all compulsory public services, since in52 13, 3, 16-17.
54 Not extant.
" 13, 3, 16;

6, 2, 26.
CJ
10, 53, II
1 CJ io, 66.
2 13, 3, 1.
Prefect.
4 13, 3, 18.
5 As distinguished from services enjoined upon landholdings.
6 A system of scholarships and fellowships that were supported
by subsidies (salaria) from public funds.
8
7 13, 5, 6.
CJ io, 66, 1.
9 Constantine died on May 22, 337, but his sons who succeeded
him did not obtain the title of Augustus until September 9, and in
the meantime laws were issued under the name of Constantine;
Euseb. Vita Const. 4, 67; Socrates Hist. Eccl. I, 40.
3 Praetorian
Shipmasters
deed their leisure should be spent in learning these skills
whereby they may desire the more to become more proficient themselves and to instruct their children.
Given on the fourth day before the nones of August in the year
of the consulship of Felicianusand Titianus.-August 2, 337.
(Appended List.)
Architects, makers of paneled ceilings, plasterers, carpenters, physicians, stonecutters, silversmiths, builders,
veterinarians, stone-masons, gilders of arms, step-makers,
painters, sculptors, engravers, joiners, statuaries, workers
in mosaics, coppersmiths, blacksmiths, marble-masons, gilders, founders, dyers in purple, layers of tessellated stones,
goldsmiths, mirror-makers, carriage-makers, directors of
the distribution of the water supply, 10 glassworkers, workers
in ivory, fullers, potters, plumbers, furriers.
3."
Leontius, Praetorian Prefect.

We urge by Our own discourse to eagerness alike in
teaching and in learning their skills, mechanics, geometricians and architects, who observe the divisions and members of all partsl 2 and regulate their work in building by
measurements and designs, and who show by a skillful
leveling the discovered courses and measures of water.10
Thus those persons who are competent to teach shall rejoice
in their exemptions and shall receive those persons who are
to be taught.
Given on the day before the nones of July in the year of the consulship of Leontius and Sallustius.-July 6, 344.
4." Emperors Valentinian, Valens, and Gratian Augus-
tuses, to Chilo,14 Vicar of Africa.

It is Our pleasure that professors of painting, provided
that they are freeborn, shall not be subject to tax assessment on their own heads nor subject to tribute for their
wives or even in the name of their children. Not even for
their barbarian slaves'- shall they make tax declarations in
the tax assessment. They shall not be called to the tax payment of tradesmen, if they handle as wares only the goods
which are the products of their own art. They shall obtain
their studios and workshops in public places without payment, provided they exercise therein only the practice of
their own art. We prescribe by law that they shall neither
receive any quartered person against their will, nor shall
they be subject to the jurisdiction of petty judges,' 6 and
they shall have the option of residing in any municipality
which they choose. They shall not be summoned to the attendance and delivery"' of horses nor to the furnishing of
personal services. They shall not be forced by the judges
to make sacred imperial images or to embellish public works
without pay. We grant all these privileges with the provision that if anyone should disregard the statutes about
these persons, he shall be held liable to the penalty with
which the sacrilegious" are punished.
Given on the twelfth day before the kalends of July at Trier in
the year of the third consulship of Gratian Augustus and the consulship of Equitius.-June 20, 37410 As hydraulic engineers, known as libratores, levelers.
11 CJ io, 66,
12
2.
12, 20, 48.

14 Proconsul of Africa (375),
13 13, 3, 18; CJ
Of their designs and patterns.
13, 6, 7; Ex-Vicar in 386, Amm.
Marc. 28, I, 8.
16 pedanei judices.
25 servi barbari: coloni?
17 As official escorts.
18 As violators of the sacred imperial statutes. The usual penalty
was death. Const., n. ii.
13-5-4
TITLE 5: SHIPMASTERS'
RIIS)
(DE NAVICULA-
i. Emperor Constantine2 Augustus to Volusianus.'
If any shipmaster by birth should become captain of a

lighter,' he shall nonetheless remain fixed in the same guild'
in which his parents appear also to have been.
Given on the fourteenth day before the kalends of April in the

year of the consulship of Volusianus and Annianus.-March 19, 314.
2. The same Augustus to Amabilianus, Prefect of the Annona.

Shipmasters who have been nominated to the guild of
City breadmakers' but are not subject to these breadmakers by any succession of inheritance must be released from
this compulsory public service. But if perchance they
should be held to the breadmakers by right of inheritance,
they shall have the right, if by chance they prefer, to restore to the aforesaid guild of breadmakers the adventitious
inheritance 7 of such breadmakers, or to yield such inheritance to any next of kin whatsoever of the deceased,"
in order that they themselves may be freed from the guild
of breadmakers. But if they embrace the inheritance, it is
necessary for them, by reason of the inheritance, to accept
participation in the compulsory public service of breadmaking and from their own property to sustain the burden
of shipmasters. The Most Noble prefect of the City shall
act as judge about this matter, of course.
Given on the kalends of June9 at Trier in the year of the fourth
consulship of Constantine Augustus and Licinius.-June I, 315;
314.10
3. The same Augustus to Amabilianus, Prefect of the

Annona.
If any shipmaster should impetrate an exemption, either
surreptitiously or in any other manner, it is Our will that
he shall in no manner be admitted to such exemption.
i. But also, if any person should acquire a patrimony obligated to the compulsory public service of shipmasters, although he may be of very high rank, the privileges of this
honor shall not assist him in the least, at any rate in this
respect, but he shall be held to this compulsory public service either for the whole of his estate or proportionally. For
it is not just that a patrimony obligated to this compulsory
public service should be exempted and that all persons
should not bear the common burden in equal shares.
Posted on the fifth day. before the kalends of June at Constantinople in the year of the fifth consulship of Constantine Augustus
and the consulship of Licinius Caesar.-May 28, 319; 3,5; June I,
314.11
12
4. The same Augustus to Helpidius.
If the ship of any shipmaster should enter the port of
the City of Rome from any shore of Spain whatsoever,
provided this ship should carry a fiscal cargo, We command that the aforesaid ship shall depart without any
claim" by any person. It shall not be subject to any ex-
' CJ II, 2; Nov. Val. 29. For technical terms, see the Glossary.
2 Constantius, ms. V.
4 levamentarius.
5 apud eosdem, in the same class.
6 pistores, breadmakers, were both millers and bakers, 14, 3.
7 obventiciae hereditates.
8 Breadmaker.
9 January, G.
0 11, 30, 5.
" UI, 30, 4.

12 Perhaps Vicar, 13, 5, 8.
13 interpellatio, interruption, disturbance, suit. Cf. 3, I, 9, n. 24.
C 391 1
Ship masters
13'5*4
traordinary burden, and thus it may more easily fulfill the
They shall possess also exemption from the Julian and
services enjoined upon it.
Papian law, so that even if no children should be born to
Given on the eighth day before the ides of March at Thessathem, husbands shall take the entire inheritance in accordlonica in the year of the third consulship of Crispus and Constanance with the testaments of their wives, and to the wives
tine.-March 8, 324.
shall come the entire will of their husbands. If they should
be sued about ownership of property or an inheritance or
in any other civil case, not even by Our rescript shall they
We command that all shipmasters throughout the earth
be summoned to an extraordinary court, but they shall reand throughout all ages, of whatsoever station or rank
spond in their own forum to those who sue them. Accordthey may be, whether decurions or plebeians or of any
ing to the precedent established in the case of the Alexother"' higher rank, shall be secure, free, and exempt from
andrian fleet, they shall obtain four percent of the grain
all burdens and compulsory public services. In this way,
in their cargo, and besides for each thousand measures they
freed from all tax payments in kind' and offertories of
16
shall receive one solidus. Thus encouraged by all these
gold or silver, with their patrimonies intact, they shall
benefits
and expending almost nothing from their own
perform the compulsory public service of shipmasters.
property,
they will, on their own initiative, frequently eni. Their ships also, of whatsoever size they may be and
gage
in
maritime
expeditions.
to whatsoever shore they may approach, shall not be held
Received on the kalends of December in the year of the consulto any other compulsory public service against the will of
ship of Optatus and Paulinus.-December I, 334.
their masters. The custodians of the shores, the provosts
of the imposts, the tax collectors, the decurions, the fiscal
8. The same Augustus to Severus.2 3
representatives, and the judges shall know that if any man
Shipmasters of Spain must not be held to extraordinary
should violate this law, he shall receive capital punishment.
public services or be detained anywhere or sustain delays,
Given on the fourteenth day before the kalends of October in the
but they must obtain within ten days from the tax receivyear of the seventh consulship of Constantine Augustus and the
ers receipts 2 4 for the products which they have delivered.
consulship of Constantius Caesar.-September 18, 326; 329.
When they arrive at any islands, ports, shores, or ship
6. The same Augustus to Felix."
stations and present these receipts, they shall sustain no
That regulation has seemed suitable tb Us which exdisquietude at all.
pressly arranged shipmasters in this order, namely, that
of the consulship of Nepotianus and Facundus.-May 19, 326.25
year
not promiscuously, but through alternations duly observed,
they should undertake long voyages and fulfill short ones.
9.26 Emperor Constantius Augustus and Julian Caesar
Thus, with these alleviations of alternate aid, the fortunes
to Olybrius, 27 Prefect of the City.
of all shipmasters, especially of the poorer ones, would
Shipmasters must sustain no violence when they are
then be strengthened, and the necessity would not arise for
transporting
the products of the annona that have been
any shipmaster always to keep following very long courses
delegated
to
them.
They must not endure extortions or any
and to be always subject to many hazards. That such inkind
of
inconvenience,
but they must have every security
justices may not be able to happen further, just and equal
while
they
are
going
and
returning. A fine of ten pounds
labor shall be enjoined upon all, assistance shall be beof
gold
shall
be
imposed
upon
those persons who attempt
stowed in equal measure, and those who are poverty
to
disturb
them.
stricken shall not fall into complaints and fruitless obGiven on the kalends of June at Rome in the year of the ninth
jections.
Posted on the seventh day before the ides of September at Carthage in the year of the consulship of Optatus and Paulinus.-September(f) 7()
334-1s
7. The same Augustus to the Shipmasters of the Orient.

For the advantage of the City" which We have endowed
with the name Eternal by God's command, We believe that
these privileges should be conferred upon you: namely,
that all shipmasters shall be held exempt from all compulsory municipal services, burdens, and duties, and that
they shall not even be forced to accept municipal honors20
from which they may experience any inconvenience. They
shall be held exempt also from the administration of guardianships, whether statutory or of the kind that is enjoined by the magistrates"' or governors 22 of provinces.
14
Delete: other, M. Or substitute: nobler men of higher rank, M.
s collationes, tax payments in products of the soil.
16 oblationes, tax payments in gold, silver, and other objects, not.
products of the soil.

1s 13, 4, 1.
19 Constantinople, founded by Constantine as New Rome and also
endowed with the name "Eternal."

20 In earlier times men eagerly sought municipal offices, honores,
but such offices had now become grievous burdens and were evaded
whenever possible.
22 rectores.

Julian Caesar.-June28 1, 357; 370.
io. Emperors Valentinian and Valens Augustuses to Ampelius, Proconsul of Africa.

African shipmasters who convey wood suitable for public uses and needs We again exalt with the privileges2 9
formerly granted to them.
Given on the thirteenth-o day before the ides of March at Adrianople in the year of the consulship of the sainted Jovian and of
Varronianus.-March(May) 8, 364-81
ii. The same Augustuses to Symmachus, Prefect of the
City.
If any person from the guild of shipmasters should avoid
his customary compulsory public services and should attain undue honors, he shall be returned to the association
of his own guild. (Etc.)
23 Count of Spain.
24 relatoriae: cf. 13, 5, 21; 13, 5, 26.
25 13, 5, 4-5.
26 Q I1, 2, 1.
27 Orfitus, G.
Constantius was at Rome from April 28 to May 29, 357; this
constitution should probably be dated the latter part of May.
28
29 Not extant.
30 The eighth, M.
31 Valentinian was not at Adrianople on this date.
392 ]
13 5-16
Shipmasters
Given on the third day before the ides of January at Milan in the
year of the consulship of Valentinian and Valens Augustuses.January II, 365.
12. The same Augustuses"2 to Demetrianus, Prefect of the

Annona of Africa.
If any shipmaster should be able to obtain a transfer of
forum in accordance with an indulgence of Our Eternity,
he shall be deprived of the fruit of his impetration. In regard to the persons of their wives, however, the statutes29
of the ancients shall be held valid, so that in whatever
forums they are proved to have been enrolled on the tax
lists by the ancient regulations, there they must assume
the compulsory public service of the burden of shipmasters. For, just as the aforesaid women must follow the
forums of their husbands in litigation and in private cases,
so in the performance of compulsory public services they
must preserve the way of life of their birth status.
Given on the day before the ides of May at Trier in the year of
the consulship of Emperor Designate Valentinian and of Victor.May 14, 369.

Just as formerly the sainted Constantine decreed29 concerning linen weavers" and shipmasters, so now of all
these, sixty shall be held responsible for the expenditures
for the present needs. These sixty, however, shall be those
who are asserted by the common choice to be suitable, who
are approved by inspection of their property, and who are
bound by the official decision of Your Sublimity. If the
necessity of fate or sudden poverty or some other misfortune should begrudge anyone of them the privilege of
service, a suitable substitute must be chosen in his place
from those persons who are obligated to these vocations. 34
But provision must be made with solicitous inspection that
no more be demanded from any one person than is required by the needs of the baths or is prescribed by the
general rule formerly instituted.
Given on the fourth day before the nones of December at Trier
of Victor.-December 2, 369.
14. Emperors Valentinian, Valens, and Gratian Augustuses to Modestus, Praetorian Prefect.
According to the tenor of the law29 which appears to
have been firmly established by the sainted Emperor Constantius and the execution of which was given" to the
Praetorian Prefect, Musonianus" of Most Noble memory,
We order the guild of shipmasters within the Oriental
provinces to be filled. Of course, this rule of the statutes
shall be observed, that the number of shipmasters which
can be filled under the present undertaking,37 within the
Orient, as in the districts of Egypt, shall be designated by
Your Eminence. Of course, fifty land tax units" each shall
be exempt from payment of the annona for the payment of
ten thousand measures" of grain only, provided that pay32And Gratian Augustus.
3 boatmen (lintriones), G.
8 to this vocation, M.
5 Or, reading datum; which appears to have been given by the
sainted Emperor Constantius and established by the execution of
Musonianus.
36,
5, 6-7.
ment of clothing, horses, and all other products of the

regular tax may not be refused in this same indiction.
i. Materials for making suitable ships shall be demanded
first from all the provincials; then the aforesaid shipmasters shall provide for the repairs for each year from
the exemption granted them on their land tax units.
2. Moreover, the names, the landholdings, and the other
property of the aforesaid shipmasters shall be announced
to Us faithfully, in lists compiled in duplicate, showing, of
course, how many veteran shipmasters there are, and how
many and what kind have been added to the guild by the
recent selection.
3. We decree, moreover, that the privileges granted to
the Africans shall be preserved for those shipmasters who
have been instituted as heirs,40 so that they shall be forever
obligated to their compulsory service, so far as their own
property is concerned, which they acquired through the
succession of inheritance.
4. From the following groups the shipmasters shall be
created after the fifteenth year of the indiction," according to Our sacred imperial command: from ex-administrators4 2 and all other men of honorary rank, except those
who are occupied within Our sacred imperial palace, from
decurions and from the veteran shipmasters who are suitable, and from the order of commissary officers. From the
Senatorial rank also, if any persons relying upon their own
resources should so desire, they may be added to the guild
of shipmasters.
Given on the third day before the ides of February at Constantinople in the year of the second consulship of Gratian Augustus
and the consulship of Probus.-Februaryin, 371.
15. Emperors Gratian, Valentinian, and Theodosius Augustuses to Hesperius, Praetorian Prefect.
If any shipmaster should wish to be honored with imperial letters patent,42 he shall know that he must be made
subject to the tax payable in horses.
Received on the twelfth day before the kalends of August at
Constantinain the year of the consulship of Auxonius and Olybrius.
-July 27, 379.
16.4 The same Augustuses to the Guild of Shipmasters.

We confirm the rank of the equestrian order that was
conf erred 29 upon you by the sainted Constantine and
Julian, eternal Emperors. Since this is so, if any person
should dare to assail you with bodily injury, in violation of
the interdicts of innumerable sanctions,2 9 he shall atone
for the daring of this monstrous crime by a fitting expiation, and his office staff also shall be condemned to the
supreme penalty, since it is the duty of the office staff, by
their admonition and by their timely advice, to sustain the
service of leading away from illicit actions judges who are
perhaps aroused by vicious indignation.
i. To the foregoing regulation the following provision is
added, namely, that you who hold a certain rank in accordance with Our decree shall not fear that you will be
joined to another class of men, nor shall you be afraid of
becoming bound as decurions in your own municipalities.
Thus, from no bond, from no cause, from no person shall
40 Or: shall be preserved for those persons who
have been instituted as shipmasters.
41 372.
37 Or, reading indictione: in the present indiction, G., M.

38 Under the control of the guild of shipmasters.
39 This tax seems excessive. The text may be corrupt.
42 Or: honorary administrators, appointed by

imperial letters
patent, Glossary, s.v. ex-.
13,
9,3; 1,6,9,n.33; 13,
5,23-24.
C 393 1
Shipmasters
*5-16
13
the duties of decurions touch you, especially since according to ancient constitutions,"4 a -list"9 of which has been
prefixed to the pages of your prayer" to Us, you assert that
it has been more commonly established as law that in many
cases the compulsory service of shipmasters also vindicates
for itself decurions ordinary.
2. In matters that pertain and relate to the advantages of
business and of the transportation of merchandise, the prudent care of the competent judges shall provide that, by
the misuse of your name as a screen, the immunity of
tradesmen shall not lie hidden everywhere without consideration, nor shall you yourselves be defrauded of the privileges of the special grant of imperial favor that was formerly conferred upon you, nor of the fruits thereof.
Given on the eighth day before the ides of February at Trier in
17. The same Augustuses to Principius, Praetorian Prefect.

All shipmasters, of whatsoever station or rank they may
be, shall be forever relieved of all burdens and compulsory
public services and of tax payments in kind" and offertories of gold and silver. 16 If any person should violate this
law, whether he be a custodian of the shores, a provost of
imposts, a tax collector, a decurion, a fiscal representative,
or a judge of any province whatsoever, he shall be produced in court, all his property shall be taken from him,
and he shall be subjected to the sentence of capital punishment.
Given on the twelfth day before the kalends of May at Aquileia
of Evodius.-April 20, 386.
18. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Alexander, Augustal Prefect.
The group of Jews and Samaritans is recognized as not
lawfully summoned to the compulsory public service of
shipmasters. For if any assessment is clearly levied upon
an entire group, it can obligate no specific person. Whence,
just as poverty-stricken persons and those occupied as
petty tradesmen must not undergo the compulsory public
service of transportation as shipmasters, so those persons
suitable because of their property, who could be selected
from such groups for the performance of the aforesaid
compulsory public service, must not be held exempt.
Given on the twelfth day before the kalends of March at Constantinople45 in the year of the fourth consulship of Valentinian
Augustus and the consulship of Neoterius.-February18, 390.
19.46
The same Augustuses to Tatianus, Praetorian Pre-
fect.
The regulations17 which you have ordained about shipmasters and decurions shall remain inviolate and perpetual.
Shipmasters shall be shipmasters in perpetuity, since you
have provided that those persons are obligated to this service who deservedly should be. If at their death they should
leave no offspring, whosoever succeeds to their property
for any reason whatsoever, shall assume the compulsory
public service of the author of his right. A decurion shall
remain in the order of decurions and his son shall succeed
him in the duties of decurions. Corrupt solicitation shall in
this case gain nothing surreptitiously. Even if a special

imperial annotation should in some way be elicited, it shall
be excluded.
Given on the sixth day before the ides of September at Verona
in the year of the fourth consulship of Valentinian Augustus and the
consulship of Neoterius.-September 8, 390.
20. The same Augustuses to Hypatius, Augustal Prefect.
We do not forbid any man who has obtained a position

in the secret service to enjoy the established and due privileges, and to that extent We remove the suspicion of any
disturbance of service as a shipmaster, provided that he
neither belongs by birth to the guild of shipmasters nor
holds property subject to the compulsory public service of
shipmasters.
Given on the day before the ides of April at Constantinople in
the year of the second consulship of Arcadius Augustus and the
The same Augustuses to Apodemius, Praetorian Prefeet of Illyricum and Africa.49

Every shipmaster shall know that within two years he
shall either deliver the receipt for the cargo which he has
accepted, or he shall prove the vicissitudes of his perils."o
21.4"
Given on the fifteenth day before the kalends of March at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-February 16, 392.

Trustworthy and selected dignitaries in the provinces
shall consider the resources of shipmasters and persons
subject by birth status to this compulsory service, and they
shall define the permanent number of shipmasters either
by recalling those who have been exempted or by holding
to their services those who are subject. After all arrangements have been made, the dignitaries must refer such
names to Us, and they shall know that We must pass judgment on their decisions.
Given on the third day before the nones of September at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-September 3, 393.

We command that only shipmasters shall be exempt from
the payment of the impost." But We decree that all tradesmen shall be held liable to the aforementioned tax payment
and shall pay the impost without any exception.
Given on the third day before the ides of December in the year
of the third consulship of Theodosius Augustus and the consulship
of Abundantius:-December II, 393.
Emperors Arcadius and Honorius Augustuses to the

Provincials of Africa.
So that no argument in the name of imposts," may be
left, We decree that this regulation shall be observed,
namely, that no exaction of such taxes whatsoever shall be
imposed upon shipmasters when they are proved to be
transacting business for themselves, but they shall be held
exempt from the payment of imposts.
24.
Given on the seventh day before the kalends of June at Milan

395.
13, 9, 5.
Of Illyricum only, II, 30, 51.
50 Which prevented the delivery of the cargo.
51 vectigal, as imposed on tradesmen.
52 CJ 4, 61, 6.
4
44 13, 5: 5, 14,
45 Theodosius was
46 12, 1: 134, 149.
4
13, 5: 14,
16,
19, 25-
at Milan in 390.
25; 2, 29, n. I; Min. Sen., n. 25.
E394
Shipmasters
25. The same Augustuses to their friend Ennoius,6
Greetings.
If the authority' of Our sainted father had not been issued about shipmasters and decurions, We should have
issued some sanction regarding such persons.
Given on the seventh day before the kalends of January at Milan
26, 395.
26." The same Augustuses to Eusebius, Praetorian Prefect.

We learn that shipmasters are converting into profits in
business the produce which they have received 6 and
thereby they are abusing the indulgence granted them in
the law 29 of Constantine, which permitted them to deliver
the receipts for such produce at the end of two years from
the day when they received it. This practice also We do
not prohibit, but We add a well considered limitation to his
opinion, namely, that within a year from the time they
receive such produce, they shall deliver it and shall produce
receipts dated from the same consulship, and that these receipts shall also show the day of delivery. On account of
adversities of stormy weather and fortuitous chances, We
do not deny them two years to produce their receipts, provided only that within the time designated above, their
faithful execution of duty is proved. It is Our will that this
regulation shall come to the knowledge of all shipmasters,
so that they may know that the transmission and delivery
must be completed within a year from the time of their receipt of the cargo.
Given on the tenth day before the kalends of January at Milan in
the year of the third5 consulship of Arcadius and Honorius Augustuses.-December 23, 396.
27. The same Augustuses to the Senate and the people.

(After other matters.) We order shipmasters to deliver
a third of the regular tax payment due to the City" at the
very beginning of navigation.
If their fleet should collapse from neglect or from age,"
it shall be restored by the praetorian prefecture, provided
that if any person should acquire, 60 by any method or contract whatsoever, any landed estates which are obligated to
such compulsory public services, he shall be called to the
public service of transportation in proportion to the measure of such landholdings. (Etc.)
397.
(After other matters.) Provision shall be made that all

persons who are subject to the compulsory public service
of shipmasters shall be compelled to build their ships according to the requisite and constituted size, in order that
they may receive the due and legal cargoes. Such persons
shall know that their own fortunes will be imperiled if, in
preparing their ships, they should not observe the full
amount and measure of the required capacity.
Given on the fourteenth day before the kalends of March at Milan
54 auctoritas,authoritative law, 13, 5, 19.
56 As their cargoes.
55CJ II, 2, 2. Cf. 13, 5, 21.
57 The fourth, M.
59 Reading incuria vel vetustate.
60 impetrare, to impetrate, acquire by impetration, acquire.

61 13, 6, 8.
13-5*32
in the year of the consulship of the Most Noble Theodorus.-February 16, 399.
The same Augustuses to Flavianus, Prefect of the

City.
Frauds which have been apprehended are punished according to law. Thus it is Our will that the solidi which
Your Sublimity was able to exact from those persons who
looted the shipmasters shall be reserved for the benefit of
the shipmasters. In order that the audacity of such men
may not increase because the penalty against these robbers
is simple repayment, for the future We sanction that if
any person should be apprehended in plundering,"" he shall
be held to the penalty of a quadruple repayment.
29.2
Posted at Rome in the Forum of Apronianus on the ninth day before the kalends of February in the year of the consulship of
Stilicho and Aurelianus.-January24, 400.
The same Augustuses to Pompeianus, Proconsul of

Africa.
In consideration of the venerable City,"' definite privileges have been bestowed upon shipmasters; and if any
person should attempt to violate these privileges, he shall be
forced by Our authority to pay the penalty established by
law.
30.

in the year of the consulship of Stilicho and Aurelianus.-June
IS, 400.
31.'4 The same Augustuses 65 to Hadrianus, Praetorian

Prefect.
We decree that all those indulgences that have been
granted to shipmasters by Our decisions or by the decrees
of the Illustrious prefecture shall be preserved inviolate, if
no better and more advantageous decision has changed
them or no authority of a sanction"6 has destroyed them.
Given on the fifteenth day before the kalends of September in the
year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-August i8, 404.

Since the guild of shipmasters throughout the provinces
of the Orient was tottering because of the lack of ships and,
under the pretense of seeking out their fleet, such shipmasters were entering remote recesses of the islands, and
since, after the suitable season for navigation had passed,
the indignation of the courts6 8 was awaited without any
effect on the transportation of supplies, Your Eminence
rightly summoned the augustal prefect and the governor"
of the islands and induced the primates of the Alexandrian
and Carpathian fleets and certain other shipmasters to the
point of a formal declaration to receive on their responsibility this cargo of grain supplies, which has been customarily transferred to the most sacred City58 by the
Oriental shipmasters from the stores of the City of Alexandria, and to transport it to the aforesaid storehouses of
the most August City."8 Compensation for their small remuneration was furnished by immunity from payment of
32.7
62 CJ I1, 2, 3.
63 such plundering, M. Cf. 3, I, 9,
n. 24.
64 CJ 12, 61, 4.
65 And
68 sanctio, sanction, an imperial order,
sacred, Min. Sen., n. 15.

6 CJ II, 2, 4; 1I, 6, 6.
69 praeses.
Theodosius Augustus.
since the Emperor was
68 That is, of the governors.
E 395 1
Ship masters
135*32
tribute and by that which is called the Friendship Fund,70

and also from the other sources which the examination of
Your Wisdom has investigated.
Thus in cases of shipwrecks which have befallen and of
which investigation has been held in the accustomed manner, if any measure of grain is said to have been lost in a
storm at sea, by no means shall it be entered as received"
at a hearing of your court, but the expense of such loss
shall be allotted to the entire guild of shipmasters, in proportion, of course, to the compulsory public service resting
upon them. These regulations We therefore confirm by
Our law.
Given on the fourteenth day before the kalends of February in
third consulship of Theodosius Augustus.-January 19, 409.
33.72 The same Augustuses to Anthemius, Praetorian Pre-
fect.
If any person should accept for export products paid as
taxes to the fisc, if he should disdain a direct voyage and
should seek remote shores, and if he should sell these products that he had thus carried off, he shall be smitten with
capital punishment.
Given on the fourteenth day before the kalends of August at Constantinople in the year of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.-July i9,
409.
34." The same Augustuses to Faustinus, Praetorian Prefect.

(After other matters.) If judges should allow loaded
ships to tarry in the ports of their diocese under the pretext of stormy weather, although a very prosperous breeze
is inviting the ships, such judges, together with the decurions and guild members of the aforesaid district, shall
be smitten with the loss of their own fortunes. The shipmasters, moreover, shall receive the punishment of deportation if it should be revealed that they have committed
any fraud.
-August
15, 410.
35. The same Augustuses to Seleucus, Praetorian Prefect.

All persons whom antiquity has found subject to the
status of shipmasters must serve in the aforesaid compulsory service. Therefore, We decree that the aforesaid
persons, their heirs, and their landed estates shall be sued,
in order that the regular tax for this most sacred City"
may be paid in full and the needs of expeditionary ports"
may be fulfilled.
36.7 The same Augustuses to the Shipmasters throughout
Africa.
We confirm the privileges granted to shipmasters, and
We add this threat, that if any judge or person in the imperial service of any rank whatsoever should suppose that
these privileges should be disregarded, and when he is ap70 philikon, love gift, gratuity, friendship fund.
No receipt therefor shall be given.

73 CJ
72 CJ II, 2, 5.
74 Used by the army on expeditions.
" 13, 5, 37; 13, 9, 6; 2, 29, n. I.
proached, should deny the assistance of protection that is

requested of him, he shall know that his own patrimony
will be assigned to the burdens of this compulsory service
without any hope of pardon which he might obtain from
Us under a special grant of an annotation.
i. This also We add, that a fine of ten pounds of gold
shall be imposed upon the shipmasters as well as upon the
judges, and likewise upon the Respectable proconsul and
vicar, the Most Noble prefect of the annona, and their
office staffs, if ever from the percentages7 6 of the aforesaid
guild of shipmasters either they themselves should force
anything to be taken, or if, when the guild should spontaneously desire this, a thing which is impossible, the
officials should permit anything to be taken. Also if the
officials should permit these shipmasters to give or offer to
any person anything from their own substance under the
title of a fee, they shall not doubt that the established
amount of the fine will be exacted from each of them. We
order also that the person who accepts such money shall
pay fourfold to Our fisc. (Etc.)
Given on the sixteenth day before the kalends of April at Ravenna
fifth consulship of Theodosius Augustus.-March 17, 42.
37."7 The same Augustuses to the Shipmasters throughout
Africa.
(After other matters.) If any dignitary or any office
staff which sustains the care of dispatching the shipments
of the grain supply should be detected in accepting anything from a shipmaster or from a captain of a ship,78 and
if this crime should be proved, punishment shall be administered according to the discretion of the judge. (Etc.)
Given on the sixteenth day before the kalends of April at Ravenna in the year of the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-March 17, 412.
38. The same Augustuses to Albinus, Prefect of the City.

With remedies well planned Our Clemency provides
against the dissimulation and the petty corruption of the
offices of the prefect of the City" and of the prefect of the
annona, so that if a shipmaster should ever incur a shortage beyond the measure of the percentages 76 allowed,
within five days of the time when he enters the port of the
venerable City,58 three Illustrious men shall be summoned
by the office of the prefect of the City, and in the presence
also of the judicial investigator" of cases involving the
annona, the prefect of the City shall investigate what shortage has occurred. If any person should be found guilty of
fraud in this matter, along with the judicial statement-o
and with the addition of a suitable enforcement officer, the
guilty person shall be conducted immediately to Africa and
to the court of the Most Noble prefect of the annona, 8 '
and he shall have to pay, at the instance of the aforesaid
prefect, whatever he is found to owe.
i. By this law, therefore, We decree that if the prefect
of the annona 2 should permit the shipmaster to delay his
case beyond the day previously set, he shall know that he
76 centesimae, apparently the epimetrum or surplus granted to
shipmasters to compensate for any loss in transit, 13, 5, 7; 13, 5, 38;
13, 9, 3; 14, 26, I.

" 13, 5, 36.
78 magister navis.
cognitor, trial judge, judicial investigator, the prefect of the
annona of the City of Rome.
79
71
II, 2,
6.
80 elogium.
82 the prefect of the City, M.
81 Apparently in Africa.
E 396 j
Landed Estates of Shipmasters

and his office staff 3 must pay to Our treasury 4 five pounds
of gold. We decree that the office staff also of the prefect
of the City shall be punished with a fine of three pounds of
gold. The prefect of the annona shall be forced to pay two
pounds of gold to Our sacred imperial largesses unless, at
his especial insistence, the trial shall be accelerated within
the established time. Therefore, such investigations must
be completed even on holidays and days of devotion, without any observance of such days.
Given on the fifteenth day before the kalends of October at
Ravenna in the year of the consulship of Constantius and Constans.85-September 17, 414.
TITLE 6: THE LANDED ESTATES OF SHIPMASTERS'

(DE PRAEDIIS NAVICULARIORUM)
i. Emperor Constantine 2 Augustus in reply to a Decree'
of the Shipmasters.
We do not allow the alienation of landholdings made by
shipmasters for the purpose of escaping their compulsory
public service to prejudice you. Therefore it is Our will
that purchasers of the aforesaid landholdings, on your petition to the prefect of the annona, shall be compelled to assume this service to which they have made themselves
obligated.
Given on the fifth day before the kalends of November in the
consulship of Constantius Caesar.-October28, 326.
(After other matters.) If the patrimonies of shipmasters
have in any manner whatsoever passed into the ownership
of extraneous persons, such patrimonies shall return to
the control and ownership of their guild.
Given on the third day before the ides of June at Milan in the
year of the consulship of Valentinian and Valens Augustuses.June (January) Tr, 365.
3. The same Augustuses to Musiphilus, Vicar of Africa.

A space of years shall not create a prescription4 against
the petition of shipmasters who are contending about their
own rights; those claims also shall be disallowed by which
some persons embrace the rights which they have obtained
by the permission of the sainted Emperors. Even if there
should be anything that is subject to the right of shipmasters and that also pertains to the property of Our
household, We order this also to bear the compulsory
burdens of shipmasters.
Given on the day before the kalends of August at Worms in the
year of the consulship of Valentinian and Valens Augustuses.July 31, 368; 370; 373.

(After other matters.) The property of shipmasters
shall be restored to their guild if those persons who lawfully hold such properties are unwilling to undergo the
83 Omit: and his office staff, M.
84 aerarium.
1s 6, 24, 7.
1CJ II, 3. The property of shipmasters was obligated to their

compulsory public service.
2 Constantius, ms. V.
a Apparently embodying a petition for relief, 12, 12.
4 A defense that barred further action, a demurrer.
13.6
-7
burdens of the properties of which they are enjoying possession. But if, of their own volition, such holders should
voluntarily assume the duties of shipmasters, without any
exception4 of a more suitable person' or of any person at
all, they shall possess without interference the property
transmitted to them, if they perform the due services in
proportion to the part purchased. (Etc.)
Given on the fourth day before the kalends of May at Reims
in the year of the consulship of Lupicinus and Jovinus.-April 28,
367.
The same Augustuses to Aurelianus, Prefect of the

Annona.
Your Gravity shall know that the prescription 4 of time
in a vindication of property belonging to shipmasters has
been canceled.
We command even the household of Our Clemency to
assume the performance of service due in the case of those
properties that are obligated in the name of shipmasters.
5.6
Given on the third day before the kalends of October in the year
of the consulship of Lupicinus and Jovinus.-September 29, 367.

to the Provincials of Africa.
If any farms pertaining to the ownership of shipmasters
should be transferred to the ownership of other persons, 7
whether they should be sold or donated by the fisc, by a
municipality," by a shipmaster, or by anyone else, or should
be transferred to the children of shipmasters or their near
kinsmen or to extraneous persons, or even if such farms
should be transferred to other shipmasters, they must be
restored to their owners. An action for the property9 and
a prosecution of the case shall be granted, unlesso those
persons to whom these properties come should prefer to
assume the burden to which that former owner was obligated and in whose name such vindication9 is available.
Consideration shall be taken of the improvements which
have been made and of the fruits which have been gathered, in case of eviction from such property." (Etc.)
Given on the seventh day before the ides of April at Trier in
372.
The same Augustuses to Chilo, Proconsul of Africa.

In the case of those estates which shipmasters sell, since
justice prohibits interference with contracts of purchase
and sale, the purchaser must undergo the compulsory
service of shipmasters, in proportion to the measure of
the part purchased. For the property, and not the person
of the buyer or seller, is assigned to this burden. We do
not order the purchaser of any13 property to become a shipmaster immediately, but that part which has been purchased
is subject to this compulsory public service according to
its measure and legal status. For the whole patrimony held
by the purchaser of a small piece of property shall not be
seized for the performance of the compulsory service of
7.12
5 A claimant who might allege that some other man was more
suitable on account of his financial condition or his closer relationship to the guild of shipmasters.
6 CJ I1, 3, 1.
7 or to a municipality, ms. V.
1 The ms. omits: by a municipality.
9 An action in rem, a vindication.
10 if, M.
11 Or: Consideration
shall be taken of (the expenses of) eviction,

of the improvements ... and of the fruits.
12 13, 4, 4; CJ II, 3, 2.
13 any such property, M.
[ 397 1
Landed Estates of Shipmasters
13-6-7
shipmasters, but only that portion which belonged to a

shipmaster from the beginning must be held to the performance of this compulsory service. The rest of the purchaser's patrimony which is free from this bond shall be
preserved undisturbed and immune.
i. It is Our pleasure that their houses, by the ornamentation of which the beauty of cities" is acquired rather
than any material gain, when sold by shipmasters, shall be
obligated to such services, in such measure as they yielded
profit when they were leased for money. But when the
dimensions of the place and its small size produced no income, or the construction was such that making improvements was arduous and difficult, or the decoration was
expensive, or, as is very often the case, through liberal
generosity a person has added his own habitation as an
ornament to the City, it is Our will that this munificence
which was afterwards added shall not receive an unfair
increase of the price of appraisal, but the former appearance of the place and its former income shall be considered
rather than its present-day beauty, which has been enhanced by the industry of an enthusiastic citizen.
again be held obligated to the due performance of this

service. (Etc.)
Given on the third day before the nones of August in the year
after the third consulship of Gratian Augustus and the consulship
of the Most Noble Equitius.-August 3, 375.
Given on the fifteenth day before the kalends of June at Ravenna

in the year of the consulship of Asclepiodotus and Marinianus.-
8.15 Emperors Arcadius and Honorius Augustuses to Messala, Praetorian Prefect.

If any persons should receive from shipmasters farms
that are ascribed to the compulsory public service of shipmasters and that have passed to the new owners by any
title whatsoever, they shall be forced to assume the compulsory service of shipmasters according to the appraisal
of the land as it was assessed of old; nor shall the buyers
consider that those conditions will be profitable to them
which a financially irresponsible seller has taken upon himself,16 and which have been imposed at the judgment of
the purchaser. However, this consideration shall be observed, that if a landholding should be transferred to a
financially irresponsible person, the authors of the property rights of the transferred estate shall also be held obligated, and this shall be manifest, in order that wise provision shall be made first of all for losses to the fisc which
shall be collected from persons financially responsible.
(Etc.)
-February 16, 399.

Count Sebastius.37
(After other matters.) It is Our will that the guild's of
shipmasters shall be guarded in all particulars, so that
even if any landholdings whatsoever have been sold up to
twenty years before this time in a State auction,1 9 and because of a State contract have been separated from this
guild"' of shipmasters, and if it should appear that such
properties were subject to this burden formerly, they shall
14 of the City, i.e., Rome or Constantinople, M.
15 CJ II, 3, 3.
16 Who sells such farms but retains the obligations for the performance of the compulsory services, thus releasing the purchaser
from such obligations.
18 haeresis, a Greek word.
19 hastaria sors, since a spear was stuck into the ground at such
auctions as a symbol of the authority of the State.
io. The same Augustuses to Proculus, Praetorian Prefect.

If no solicitude2 0 has recalled any landed estate, in any
place whatsoever in African country districts for a period
of fifty years, to the performance of the compulsory service of shipmasters, if it should appear that no suit has been
brought in this matter at any time within the designated
series of years, and if such landed estate has passed the
course of the aforesaid years without any legal summons
to the guild"' of shipmasters, We do not allow this estate
to be disturbed by any solicitude.
i. We decree that the well-known practice also shall be
completely abolished, whereby a person may be sued by
any 21 molestation of written documents, revived after a
period of fifty years, if he had not been convicted by the
proofs of any person with regard to the performance of
the compulsory duties of shipmaster.
May 18, 423.
TITLE 7: SHIPS SHALL NOT BE EXEMPTED'

(DE NAVIBUS NON EXCUSANDIS)
i. Emperors Arcadius and Honorius Augustuses to Eutychianus, Praetorian Prefect.
All men throughout Egypt shall be informed that if any
persons attempt to obtain exemption for ships from the
duty of transporting public supplies, either by the use of
their own names or by any kind of protection, they shall
be subjected to a fine of twenty pounds of gold. The owners also shall be smitten with State confiscation of their
ships, if they should neglect such compulsory public services and wish to obtain exemption by the protection of the
more powerful men.
Given on the day before the ides of March at Constantinople in
the year of the consulship of the Most Noble Theodorus.-March
14 (1o), 399.
2.2 The same Augustuses3 to Longinianus, Praetorian

Prefect.
Many persons protect their ships by the names and
titles4 of various men. To prevent this fraud, We command that if any person should suppose that a title4 should
be put on his ship for the purpose of evading compulsory
public service, he shall know that his ship will be confiscated to the fisc. For as We do not prohibit private citizens also from having ships, so We do not permit an occasion for fraud, since all men in common, if necessity should
so demand, must be at the service of the public welfare and
must duly undertake transportation5 without the special
privilege of rank. Therefore, unless this fraud should be
eradicated within thirty days, all ships which seek refuge
20
Of the guild of shipmasters.
21 Reading ulla with Beck.
1 CJ II, 4; Nov. Th. 8; Nov. Val. 29.

2 CJ II, 4, 1.
* Indicating the ownership of someone else,
5 Of public supplies.
E 398 :
2,
13-14;
II,
24.
Shipwrecks
in the protection of
owners.
exceptions 6
shall be taken from their
Given on the third day before the ides of January at Ravenna in

the year of the sixth7 consulship of Arcadius Augustus and the
consulship of Probus.-January n1, 406.
TITLE 8: NOTHING SHALL BE PLACED

UPON A PUBLIC CARGO' (NE QUID ONERI
PUBLICO IMPONATUR)
13-9'4
ships which have set out on longer voyages, to expeditionary ports6 or to Constantinople, an examination of the
trustworthiness of the case shall be conducted within a twoyear period, and the aforesaid number of sailors shall be
offered for investigation. We add also, that if no complaint should be lodged within the period of time designated by statute, every avenue for complaints thereafter
shall be barred.
Received at Aquileia. Read in court proceedings (acta,
2,
8, I,
n. 4).-372-375.
1.2 Emperors Arcadius and Honorius Augustuses to Rufinus, Praetorian Prefect.

No person shall place a private burden upon a public
cargo, nor shall he dare to compel, by any necessity, the
carriers of grain to accept his burden. For if such an act
should be done and committed, he shall be held obligated
not only for the loss and damage of shipwreck,3 but he
shall also experience the force of public punishment.
Given on the fifth day before the ides of January4 at Constantinople in the year of the consulship of Olybrius and Probinus.January 9, 395.
TITLE 9: SHIPWRECKS'
(DE NAUFRAGIIS)

If any shipmaster should affirm that he has sustained a
shipwreck, he shall hasten to approach the judge3 of that
province, of course, in which the case is tried,' and he shall
prove this event before the judge by witnesses. The case
shall be referred to the most sublime prefecture, so that
within the space of a year, if the truth has been reported,
the shipmaster shall obtain compensation from the imperial indulgence. But if through such negligence, the
space of a year, as designated by statute, should perhaps
come to a close, it is Our pleasure that when the year has
elapsed, such useless and belated suits shall not be admitted.
Given ands posted at Beirut on the nones of June in the year
of the consulship of Modestus and Arintheus.-June 5, 372.
2. The same Augustuses to Demetrianus, Prefect of the

Annona of Africa.
If an allegation about the force of storms should ever
be made, the shipmaster shall produce for questioning
under torture half the number of those sailors whom he
is proved to have had on board his ship, in accordance with
the measure of its capacity, so that by the torture of these
sailors a fuller measure of the truth may be brought out.
As regards the fortune, moreover, of a ship which had
been dispatched to the City of Rome, whatever happened
shall be published within a year in court. Concerning those
6 exceptiones, exceptions, legal defenses that bar further action,
demurrers. In this case the exceptions were those that could be
alleged by influential persons as holders of special privileges.
7 The seventh, ms. V.
2 CJ I,
.Cf.
3 , 1, 9, n. 24.
I CJ H, 5.
8 Or: in case of shipwreck.
4
June, since Theodosius lived until January 17, 395, and should
thus have been included in the inscription of the constitution, G.
2CJ i, 6, 2.
I CJ i1, 6.
3 The governor of the provinces, the judge ordinary.
4 In the province where the shipwreck took place, Cujas.
5 Delete: Given and, M.
Emperors Gratian, Valentinian, and Theodosius Augustuses to the Shipmasters of Africa, Greetings.
Whenever a ship has been overwhelmed and sunk in the
waves and a severe investigation by the prefect of the annona is held by the examination under torture of two or
three sailors, an opportunity shall be offered to absolve the
other sailors.8 For what is there which a wise investigator
may not find abundantly from the number of men designated above? Action shall be extended' regarding the captains of ships, since their knowledge is fuller. If they
should be missing by some fatal lot, the questioning shall
be transferred to others.
i. Of course, if the violence of the storm should overwhelm all on board the ship, in order that the truth may
not be hidden, We follow the prudent sanction of the law'o
of Constantine, that the close kinsmen of the shipmaster
shall be produced in court and shall be questioned about
the death of those men who the shipmaster contends have
perished in the shipwreck. It is Our pleasure that investigation of such cases shall be terminated within the space
of one lustrum.
2. Thus, in the future, all petitions, that is, those about
the two and one half percent" which you demand from the
transport of winter cargo, shall be in abeyance.
3. It is Our pleasure, of course, that the month of November shall be exempt from navigation,12 but the month
of April, since it is the nearest to summer, shall be employed for the acceptance of cargo. The necessity of such
acceptance from the kalends of April to the kalends of
October shall be preserved permanently; but navigation
shall be extended to the day of the ides of the aforesaid
3.7
months.
4. Because We rejoice for your order to be increased

also by the addition of men, if you should find any men
free from public service, you shall join them to the embrace of your order, provided only that if any man should
remain bound to municipal functions, he shall not be held
by the nomination to membership in your order.
Given on the eighth day before the ides of February at Trier in
4.13 Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
It is Our will that losses from shipwrecks should not be
6 portus expeditionales, used by the army on expedition.
7 CJ 11, 6, 3.
8 Deleting in with M.
9 inmorari,delay, continue, extend for some time.
10 Not extant.
"I Reading puta with G. M. suggests a lacuna. For the compensation that was allowed to shipmasters for shrinkage, cf. 13, 5, n.
76.
12 that from the month of November navigation shall be discontinued, M.
13 CJ I, 6, 4.
C 399 7
Ship wrecks
13*9*4
shared with Us by landholders or Senators or private citiGiven on the sixteenth day before the kalends of April at Ravenna in the year of the ninth consulship of Honorius Augustus
zens, since, indeed, the fisc shall assume the losses of shipand the fifth consulship of Theodosius Augustus.-March 17, 42.
wrecks. Such loss at times is proved to be of no great
expense, if when a ship is being tossed about by the waves,
TITLE 10: TAXATION AND TAX ASSESSit is protected by throwing overboard a slight weight of
MENT' (DE CENSU SIVE ASCRIPTIONE)
cargo, when the waves of the seas would submerge the
ship weighted down with its full cargo.
1.2 Emperor Constantine Augustus to the People.
I. When, indeed, there is no witness to the peril of the
Since the registrars of the municipalities through colluship, losses by shipwreck shall be restored, and the exsion are transferring the burden of the taxes of the more
penses of such loss shall be assigned to the fraud of the
powerful men to persons of inferior status,3 We command
official escort,1 4 so that such damages shall revert to the
that if any person should prove that he has been thus oploss of those persons who named as official escorts men
pressed, he shall assume only his original tax declaration.
who were financially irresponsible, and said damages shall
(Etc.)
not revert to those men who appear always to have been
Posted on the fifteenth day before the kalends of February at
15
devoted subjects.
Rome in the year of the third consulship of Constantine Augustus
Given on the fifteenth day before the kalends of August at Constantinople in the year of the consulship of Tatianus and Symmachus.-July 18, 391.

Senate and People.
(After other matters.) Since We are not able to exclude
emergencies and to restrain inclement fortune, the prefect
of the annona and the vicar of the City shall compel shipmasters, whom the adverse force of shipwreck prevents
from delivering the cargo which they have received, to
prove in a proper adjudication the trustworthiness of their
accounts 16 in regard to cargos sunk because of bad conditions' 7 and in regard to shortages" and other losses. The
aforesaid prefect of the annona and the vicar shall punish

any delay and negligence.
Given on the seventeenth day before the kalends of May at
Milan in the year of the consulship of Caesarius and Atticus.April 15, 397.
14 prosecutores, official escort, transporters, shipmasters.

15 The regular term for prompt taxpayers, ii, i, n. 44.
16 gesta, deeds, occurrences, records, accounts.
17 pravitas. G. suggests gravitas,heavy weight.

CJ I1I, 6, 5-
'9
20
INTERPRETATION: If the registrars or those to whom

the books of tax collection are delivered should wish to alleviate the taxes of the more powerful men and should add
the amount of alleviation thus granted to the tax burdens
of men of lower status,3 and if anyone should prove that
he has been thus oppressed, he shall not pay more than he
proves that he undertook according to his tax assessment.
2.' The same Augustus5 to the Most Perfect Eusebius,

Governor of Lycia and Pamphylia.
The urban plebs, as is observed also in the Oriental provinces, shall not be sued at all in the tax assessment for
capitation taxes, but they shall be held exempt according
to this Our command, just as the aforesaid urban plebs
were exempt also under Our Lord and father Diocletian,
the senior Augustus.7
Given on the kalends of June in the year of the third consulship
of Constantine Augustus and of Licinius.-June I, 313; 311.

the Shipmasters throughout Africa.
(After other matters.) In regard to sunken ships, We
decree that such cases shall be judicially investigated with
raised curtains.19 If any person also should be detected in
receiving anything from such cases, the judge before whom
it is proved, on the complaints of those persons who have
been despoiled, shall have the power, to fine, to remove,2 0
or to proscribe him in accordance with the rank of the person. But if the trial judges of such cases should be advised
by the filing of a complaint or by an appeal to the court
which was made before the judge ascended the tribunal,"'
and if they should neglect to hear these cases within the
limits of the time established, that is, within the two years
prescribed for such cases by the ancient law, 2 2 and if the
statutory time limit should elapse, the prejudice thus created shall harm the trial judges to the extent that if the
shipmaster should be absolved because of the fault of the
judge, the judge shall be compelled to pay for half of the
cargo, provided that a judicial investigation as proof of its
loss was sought within the statutory time limit; and the
judge's office staff shall pay for the remainder of the cargo.
and of Licinius.-January 18, 313.
In a public trial and not in a secret session.

From office. Cf. 2, 29, n. I.
21planariainterpellatio.
9
3.8 Emperor Constantius Augustus to Dulcitius, Governor
of Aemilia.
If any person should wish to sell or donate a landed
estate, but to retain for himself the coloni to be transferred to other places, he shall not be able to do so by a
private pact. For if he should suppose that such coloni are
useful, he must either hold them along with the landed
estates or release them to profit others, if he should despair
of these landed estates being profitable to him.
Given on the third day before the kalends of May at Milan in
second consulship of Julian Caesar.-April 29, 357; 356.
4. Emperors Valentinian and Valens Augustuses to Viventius, Praetorian Prefect of Gaul.

We decree that those women who live in perpetual virginity and those widows whose very maturity of age promises that they will now marry no man shall be freed from
the indignity of the plebeian capitation tax.10 Likewise,
13, 2; CJ II, 58.
2 Brev. 13, 2, I; C II, 58, 1.
3 The regular bureaucratic corruption, 3, 1, 9, n. 24.
CJ II, 49, 1.
5The same Augustuses, ms. V; Constantine Augustus, CJ.
1 Brev.
4
6 Praeses.
7 If this law was by Constantine, the reference to Diocletian may

be one of respect or else an attempt of Constantine to legalize his
own claims to the throne by connecting them with the power and
the prestige of Diocletian who was still living. The law that is
hereby repealed may have been issued by Licinius or by Maximinus.
9 Consularis.
11, 48,2.
capitatio, practically equivalent to the jugatio, the tax on farm
SCJ
10
land and farm workers.
22 Not extant.
E 400 ]
Taxation and Tax Assessment

pupils of the male sex, up to their twentieth year, must be
exempt from a duty of this kind, and women also, until
each one obtains a husband.
Given on the tenth day before the kalends of December in the
year of the consulship of Valentinian and Valens Augustuses.November 22, 368; 370.
5.11 The same Augustuses to Florentius, Praetorian Pre-
fect of Gaul.
After the investigation of the tax assessment has been
completed, if anyone should suppose that he has been oppressed, he may sue the person whom he prefers before
the judge 2 of the province, counting off the periods of
time granted by law from the day when the tax assessments were closed and announced. Thus, if a person was
occupied with compulsory public duties and was absent
from his private business at the time when the tax assessment was being conducted, he may stand fast in confidence
of his claim within the course of a period of a year. If,
indeed, he should know that he was assessed for taxes
while present and should rely upon any defense whatsoever, he must press his suit within five months, but he
shall not have the right to make such a claim beyond that
time.
Given on the third day before the nones of June at Reims in the
year of the consulship of Lupicinus and Jovinus.-June 3, 367.
INTERPRETATION: If any man occupied in public business at the time when the tax assessment was being conducted should complain that he has been oppressed because
of his absence, he must lodge his complaints before the
judgel2 of the district within the space of a year. For if it
is established that he was present, he shall know that not
more than five months are granted to him for prosecuting
his complaints, and when these five months have elapsed,
he shall be denied the right to bring suit.
6. The same Augustuses and Gratian Augustus to Viventius, Praetorian Prefect.

No widow, no pupil of either sex, until he enters into
those years which do not require tutors and public curators,13 shall assume the tax payment of plebeians.14 Moreover, any women who have dedicated themselves to the
perpetual service of the sacred law" shall also be held
exempt from such public service.
Given on the third day before the kalends of April at Trier in
consulship of Valens Augustus.-March 30, 370.

Whenever the due measure16 of assessed persons' 7 is
diminished because of the death, by the lot of fate, of persons who have been assessed, and on the other hand, if
there should be an increase, by reason of births, in the
number of those persons assessed for taxes in neighboring or adjoining districts, or in the same district, or any"xBrev. 13, 2, 2.
The judge ordinary, the governor of the province.
1s Or: do not require public tutors and curators, that is, tutors
and curators as authorized by the State.
13-10-8
where at all, of a similar class of taxpayers, the measure
of the tax assessment in both places shall be preserved, so
that the place of the person who is lacking shall be supplied by such supernumerary."' Moreover, that this regulation may be duly enforced, Your Authority shall grant
20
full power to judges only, that is, to governors of the
21
provinces, so that when the complaint of the defenders or
of the plebeians has been lodged with them, the parties
shall be produced in court, and the aforesaid governors
shall try the case in the presence of all parties, according
to the trustworthiness of the situation.22 Thus they shall
compose the stability of the tax assessment and shall end
the argument, and they shall fill from the number of
supernumeraries the places only of those persons who are
proved to be dead. But it is not just that such exemptions
shall apply to those persons who desert their tax assessments and flee, since, indeed, it is established by law that
a man who appears to have fled must be recalled.
8

Constantinople in the year of the second consulship of Gratian
Augustus and the consulship of Probus.-Januaryi6, 371.
8.28 Emperors Gratian, Valentinian, and Theodosius Augustuses to the People.

No man shall possess any property that is tax exempt.
If We have conceded any such privilege to Our own household, it shall be invalid. The equalizations of tax assessments shall remain with unshaken eternity, when they have
been approved by the consensus of the provinces, by Our
imperial rescripts, by the offices of tax assessors and tax
equalizers, and finally by the authority of the judges ordi24
nary" and the Most August judges, in accordance with
the necessary emendations or the imperial constitutions. If
exemptions, indeed, have been especially granted, whether
on the land tax unit or the capitation tax unit as recorded
without any approval in the public records and in the
written tax lists of the municipalities and provinces, such
exemptions shall be taken away from those who enjoy
them, and the taxpayers shall be restored to their original
duties.
i. According to these edicts of Our Serenity, the flames
shall be the punishment for the registrars of any municipality, if they should declare25 an unjust tax exemption for
any person through fraud or corrupt solicitation or illegal
use of powers by anyone, and if thereby all persons whatsoever should not, in accordance with the foregoing regulation, be constrained to the compulsory duty of the
payment of tribute which has been established by the
equalization of the tax assessors, the tax equalizers, and
the judges1 2 of the provinces, and all favoritism of special
exemptions shall be abolished.
Given on the third day before the nones of March at Milan in
of Saturninus.-March 5, 383.
12
14 The capitation tax; n. Io.

15
The Christian Rule.
18 simili substantia, of a similar rating, of a similar amount of

property.
19 Or: the person who dies shall be supplied by one who is living.
20 rectores.
16 Reading modo descripto. M. suggests: whenever on the assessed
21
Of the municipalities.
landholding of any person, some of the assessed men die by the lot
of fate. The text and the translation of this constitution are doubtful.
17 In any district. A definite quota of taxes was assessed upon
each district. If any taxpayer defaulted, the other taxpayers of the
district must pay his taxes, 10, 25, n. 3.
22
The established facts.
23CJ 10, 25, I;

24 Most of the
'1, 48, 9.
high officials were judges, in addition to their

other functions, primarily administrative.
25 provide, Kr.
C 401 ]
Tax Assessors, Tax Equalizers and Inspectors

13*11-1
TITLE 11: TAX ASSESSORS, TAX EQUALtire locality certainly shall be assessed, as often as alleviation of taxes on unproductive lands is requested, so that
IZERS AND INSPECTORS' (DE CENSITORIthe neglected and unproductive parts9 may compensate for
BUS ET PERAEQUATORIBUS ET INSPECthe rich, cultivated parts.
TORIBUS)
Moreover, no man shall be permitted to suspend the
duty
of paying tribute in any manner whatsoever, without
1.2 Emperors Gratian, Valentinian, and Theodosius AuOur knowledge. For whatever he orders to be postponed
for a time is either forever lost or must be recovered under
If any person should cut down a vine with sacrilegious
a more bitter burden of delinquent taxes.
pruning hook or should lessen the fruit of productive
Given on the third day before the nones of April at Constanbranches, that thereby he may evade the due payment of
tinople in the year of the third consulship of Theodosius Augustus
his taxes, and if by a clever lie he should allege a state of
and the consulship of Abundantius.-April 3, 393.
poverty,3 immediately upon detection he shall undergo
capital punishment, and his property shall pass to the
ownership of the fisc. If anyone by chance is proved to
If any person should complain that he has been oppressed
have labored to produce abundant crops by restoring the
by tax equalizers and should claim that he is unequal to
fruits of his fields and not to have provided for sterility or
this unjust burden, he shall have the right to petition," in
barrenness, he shall, of course, escape calumny.
order that he may prove what taxes have been remitted 2
through favoritism and what embezzled by fraud, 3 and he
the year of the consulship of Eucherius and Syagrius.-June 4, 381.
shall receive alleviation from the burden which he complains has been imposed upon him through odious and
2.4 The same Augustuses and Arcadius Augustus to Cynecriminal dealings in order that it might be removed from
gius, Praetorian Prefect.
other taxpayers.1 4 But in this matter, it is Our pleasure
Although formerly the norm of the capitation tax unit
that a time limit shall be established, so that many men
was assessed on the basis of one man but two women for
may not be oppressed in vain by litigation, if actions should
each such unit,5 now the burden of the payment of one
not be barred and destroyed by any time limit.15 Wherecapitation tax unit is assigned to two or three men, or to
fore, when the tax books have been delivered and the tax
four women. Wherefore, Your Sublime Authority shall
equalization has been completed, any person shall have the
order, throughout the cities of the Comanians and of
right to complain within a year about an unjust tax burden,
the Ariarathians of Second Armenia, of the Amasiif it seems best to him. He shall have the right to bring
ans of Helenopontus, and of the Diocaesareans of Seccharges against the injustice of the tax equalizer, and
ond Cappadocia, that the measure of this salutary and
when his petition" is considered, he shall have the right to
temperate equalization shall be annexed to the public recprove that favoritism has been shown. Thus if any excess
ords for such tax lists.
tax has been forced on him, such tax shall be assumed by
Given on the sixth day before the kalends of April at Constanthat man who has been relieved of the due payment of
tinople in the year of the consulship of Honorius and Evodius.taxes by clandestine fraud.' 4 However, after this statutory
March 27, 386.
period of time has elapsed, action shall be denied, except in
Prefect.
Praetorian
Cynegius,
to
the case of minors who were undefended, as well as in the
3.6 The same Augustuses
If, after a tax equalizer has been sent, a person should
case of other persons who are absent on account of their
either withdraw his own procurator or should arm his
duties to the State.'" Such persons, however, shall observe
colonus for the contumacy of such withdrawalJ he shall
statutory time limits dating from the time when they could
be held liable for that amount of taxes which was assessed
have the opportunity of bringing suit.
by the tax equalizer, either in his absence or in the absence
Given on the third day before the kalends of December at Constantinople in the year of the third consulship of Our Lord Theoof his procurator, according to the authority of Our
dosius Augustus and the consulship of the Most Noble Abundantius.
sanction.
-November
Given on the sixth day before the kalends of April at Constantinople in the year of the consulship of Emperor Designate Honorius and of Evodius.-March 27, 386.

If any person should desire that any farm, as being
burdened with a mass of unproductive land, should be relieved from taxes to any extent, he shall nevertheless admit
the inspector and allow his entire patrimony to be assessed.
Of course, this rule shall be observed also in reply to
the delegations of the separate municipalities, and the en2
CJ iI, 58, 2.
II, 58.
3 The mass of taxpayers resorted to such desperate measures in
their attempts to escape their crushing burdens, ii, i, n. i.
4CJ
II, 48, 10.
5 In the tax system that was established by Diocletian.
6 CJ II, 58, 3.
7 to make effective the contumacy, reading retractionis. Or: for
the contumacious defiance of a reassessment, reading retractationis.
8 CJ II, 58, 4. Cf. 12, 12, n. 3.
1CJ
29, 393.
6. Emperors Arcadius and Honorius Augustuses to Herodes.' 7

We command that the acts of Strator" shall be annulled,
since he has disturbed the landholders of emphyteutic right
under the pretext of tax equalization, and that another man
shall be dispatched for this business. This latter man must
observe that he shall restore all properties to the former
owners, if, indeed, they are approved as financially responsible, but, as a vigorous tax collector, he shall press
upon the new masters that they make all payments that
had been suspended or diminished or deferred by Strator.
9 By their immunity from taxes.
10 CJ 11, 58, 5.
12 For other taxpayers.

14 The customary bureaucratic
15 if actions should be endured
11 competitio.
13 By the tax officials.

corruption, 3, 1, 9, n. 24.
that were not barred by any time
limits, M.
16 13, 10, 5. Or: to their municipality, res publica.
17
1s Not otherwise known.
E 402

I. If anything also can be added to the tax payment of
broader and more fertile fields, as a persistent investigator
he shall strive toward that end. But in all cases he shall
undertake the pledging' of the properties, which is the
first thing to be sought in such leases.
Given on the sixteenth day before the kalends of March in the
consulship of Honorius Augustus.-February 15, 396; 14, 394.20
2
7. The same Augustuses to Hilarianus. 1
We are not unaware of the fact that the duty of tax
equalizer must be undertaken as a compulsory public service by everyone. Therefore, We command that no person
who has been elected shall defend himself from service,
contrary to the judgment of Your Eminence by the authority of any rescript or special privilege, since it is Our will
that the best interests of the provincial judges2 2 shall be
duly regulated by well-known and approved men.

third consulship of Honorius Augustus.-March 19, 396.
8." The same Augustuses to Eusebius, Praetorian Prefect.

If the tax equalizers and tax investigators whose names
have been given to Us should incur the charge of negligence or favoritism, 4 not only must they undergo the loss
of their rank, but also they must pay a fine equal to fourfold their subsistence allowances.24 Anything also which
they are convicted of receiving, to the loss of the provincials, they shall be forced to pay fourfold.
third consulship of Honorius Augustus.-March 29, 396.
The same Augustuses to Eutychianus, Praetorian Prefect.

If any person should seize by violence fertile and productive farms, he must accept barren ones along with the
profitable and rich ones, in due proportion. Therefore,
since the delegation of the Municipality of Hieropolis allege that they have been ruined, 26 the retainers of such
landholdings must accept less suitable farms along with
the fertile ones. Thus such an equality shall be maintained
that the resources of the aforesaid municipal council will
be able to recover in the future, and the fisc can be protected from any loss.
9."2
Given on the nones of March at Constantinople in the year of

Eutychianus.-March 7, 398.
io. The same Augustuses to Messala, Praetorian Prefect.

Since persons of many nations seek the felicity of the
Romans and have betaken themselves to Our Empire, and
since laetic lands must be furnished them,27 no person shall
obtain any of these lands except in accordance with Our
special annotation. Since some men have either seized more
19 subsignatio. For taxes.
20 The third consulship of Arcadius Augustus and the second

consulship of Honorius Augustus, St. Augustine, Adv. Cresconium
3, 56, 62.
21 Hilarius, Praetorian Prefect of that year, G.
22 Judges ordinary, the governors of the provinces. the best
interests of the fisc, that have been ruined by the negligence of the
judges, shall be duly regulated, M.
23 CJ HI,58, 6.
24 Their salaries.
25 CJ II, 59, 1o.
26 that their income has been cut off, M. Cf. 12, 12, n.
3.
27 Reading ministrandae with M.
13-11-13
land than they obtained from Us, or by the collusion of the
chief decurions or of the municipal defenders, or by rescripts surreptitiously obtained have acquired a measure of
land greater than reason demanded, a suitable inspector
shall be dispatched who shall recall whatever lands have
been either delivered illegally or seized wrongfully by any
persons. 14
Given on the nones of April at Milan in the year of the consulship of the Most Noble Theodorus.-April 5, 399.
The same Augustuses2" to Longinianus, Praetorian

Prefect.
Throughout the past five years, it appears that many
counts and tax equalizers, and also tax investigators have
been dispatched through different provinces, and We have
learned that they have not profited the public welfare in
the least.2" Therefore, Your Sublimity shall weigh their
actions with diligent examination, and if you should find
any who have performed negligently any duties enjoined
upon them, first of all you shall take away and send back
to Us their imperial letters patent, and you shall make
them restore double whatever emoluments they have obtained. If, indeed, it should appear that any of them with
punishable rapacity has taken away anything from the
provincials, you shall compel him to restore in fourfold
measure whatever he has taken as plunder.1 4
ii.
Given on the fifth day before the ides of February at Ravenna

consulship of Probus.-February9, 406.

To all administrators 22 throughout the provinces, Our
command shall be made known that if ever it seems best
for the State that tax investigations, inspections, or anything of a similar nature shall be conducted, they shall enjoin this duty upon those men30 who have completed statutory terms of service by obeying the authority of the vicars
or of the count of the Orient or of the augustal prefect;
thus if any of those persons whom We have named expressly has impetrated Our divine imperial response about
exemption from the performance of this compulsory public
service or if he should afterwards elicit such response, by
no means shall such response be admitted in court. For if
these matters are thus rightfully arranged, the compulsory
public services will be administered by expert men, but
men of higher rank and those of inadequate fortune3 1 shall
have the right to decline the performance of such compulsory services as being illegally enjoined upon them.
Given on the tenth day before the kalends of February at Constantinople in the year of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.-January
23, 409.

We command that if any districts are unable to meet
their tax payments, their assessments shall be equalized, so
that whatever they can pay shall be written down with
pure fidelity and entire truthfulness, but that which is impossible shall be removed from the public records. 2 In the
And Theodosius Augustus.
Studied understatement.
30 Apparitors.
31 Reading altioris adque inhabilis with M.
82 vasaria.
28
29
E 403
13*11*13
first place the landed estates themselves must be assigned

for tax payment to their old masters. If the persons of
such masters or their heirs cannot be found, We decree
that the neighbors or extraneous persons,33 if they wish,
shall be established as owners, provided only that they are
financially responsible. Moreover, We encourage the spirit
of all persons by Our special benefits to this extent, that
land which is assigned for tax payment to an unproductive34 landholding by the judgment of the inspector shall
be relieved by a tax exemption of two years, so that35 productive estates may not be encumbered hereafter with the
tax burden of another farm.
Given on the eighth day before the ides of June at Ravenna in
consulship of Theodosius Augustus--June 6, 412.
14. The same Augustuses to Ursacius, Count of the Privy

Purse.
We decree that the tax equalization made by Agapiuss
shall remain valid in perpetuity.
Given on the fourth day before the nones of July at Ravenna in
the year of the seventh consulship of Theodosius Augustus and the
consulship of Palladius.-July 4, 416.
15. The same Augustuses to Sebastius,"G Count of the

First Order.
(After other matters.) If any owner of other landholdings should by chance wish an abandoned estate belonging
to him to be inspected, he must allow all the lands which
he possesses, even if they are rich, to be examined, so that
the burden of the abandoned landholding, to whatever extent the inspector shall discover, can be joined to the better
farms. Thus when tax assessments on all his patrimony
have been equalized, he shall register no complaint hereafter about his abandoned lands. For We furnish open
and absolute relief only to those landed estates whose owners do not exist at all or are poverty-stricken and are
proved to possess only such estates.
Given on the day before the ides of March at Ravenna in the
year of the eleventh consulship of Honorius Augustus and the
second consulship of Constantius.-March (May) 14, 417.
16.3 The same Augustuses to Sebastius,"' Count of the

First Order.
The surreptitious filing of petitions" shall be barred, and
a landholding shall remain firm in the possession of that
man to whom it has been established once for all that it
3 peregrini, men from other districts or other provinces.
a4 excellent, M.
35 of two years, and productive estates shall not, M.
7CJ I, 58, 7.
was delivered by the tax equalizer. We do not allow the

fisc to demand from the new master delinquent taxes for
time that has already passed, so that one man may not begin to undergo an expense due to the fault of another. If
any private citizen, indeed, should affirm either that a landholding is obligated to him which has remained thus far
abandoned, or should prove that it is rightfully due him
under any title, he must present his allegations before Your
Respectability without delay, either through himself or
through some other person ordained by law. Thus if reasons of equity should persuade and the landholding should
be transferred to the petitioner, the person who received
it from the tax equalizer shall be relieved by the recovery
of the expenses that were incurred in improving the estate.
But in order that ownership once established shall not be
disturbed by specious litigation, We decree that a space of
two months must be observed, within which time, if any
man should suppose that the property belongs to him by
provable reason, he shall institute due action. But if the
prescribed time should pass and he should remain silent, it
is Our will that no suit at all shall be begun for recovery.
If any person at that time at which the tax equalizer assigns a landed estate to someone else should not suppose
that suit should be brought about his own right, either by
himself or by his men, he must, after the statutory period
of two months has elapsed, forever hold his peace. (Etc.)
Given on the day before the ides of March at Ravenna in the year
consulship of Constantius.-March (May) 14, 417.
17. The same Augustuses to Sebastius,3" Count of the

First Order.
(After other matters.) Those properties which appear
to have been inspected twenty years ago by special impetration of imperial favor on the ground of different
petitions must again be inspected by Your Respectability,
in order that the judgment of others within the provinces
committed to you shall cease to be in force, and everything shall be defined in accordance with your judgment.
You must carefully inspect those landholdings also which
twenty years ago similarly obtained a special grant of imperial favor regarding tax reduction, so that by a reliable
estimate you may demonstrate whether actual" remedies
have been requested, or whether anything additional in the
nature of a tax payment should be enjoined upon them.
(Etc.)
Given on the day before the ides of May (March) at Ravenna in
the year of the eleventh consulship of Honorius Augustus and the
second consulship of Constantius.-May (March) 14, 417.
38 Reading vere. M. suggests: helpful.
404 1
BOOK XIV
..
....................
u............................................................
s.................................
TITLE 1: THE DECURIES OF THE CITY OF

ROME' (DE DECURIIS URBIS ROMAE)
Julianus. 2
In the distinguished order of the decuries which bears
the name of either copyists or fiscal clerks or tax assessment clerks, by no means shall any person obtain a place of
the first order, unless it is established that he excels in the
practice and training of the liberal studies and that he is so
polished in the use of letters that words proceed from him
without the offense of imperfections, and it is Our will
that all men shall be so informed. Moreover, in order that
its rewards may not be denied to literature, which is the
greatest 4 of all the virtues, if any man should appear to be
worthy of the first place on account of his studies andhis
skill in the use of words, Our provision shall make him of
more honorable rank ... or Your Sublimity shall report
his name to Us, so that We may deliberate as to the kind
of high rank that should be conferred upon him.
Given on the sixth day before the kalends of March at Constantinople: February 24 (25). Received on the ides of May at
Rome in the year of the ninth consulship of Constantius Augustus
and the second consulship of Julian Caesar.-May 15, 357; 36o.5
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Sallustius, 6 Prefect of the City.
It is Our will and Our duty to provide that the stability
of the privileges1 formerly granted to the decurials3 shall
not be changed. Furthermore, by the sanction of Our Clemency, those privileges shall remain fixed that are proved to
have been originally established.
2.
year of the consulship of Emperor Designate Honorius and of
Evodius.-June II, 386; 384.
3.8 The same Augustuses to Trifolius, Praetorian Prefect.

It is Our will that if any privileges appear to have been
granted to the Eternal City,9 they shall not perish, and to
such an extent do We preserve its ancient privileges that
We wish to grant new imperial favors so far as reason
permits. Wherefore, in defending the decurials8 whose
number was decreed by venerable antiquity to be two from
each city of every province, you must observe those regulations which you understand to have been defined by the
constitutions7 of ancient Emperors or by Our Own sanctions.10 But if any person should suppose that he should
sue decurials' for the purpose of depriving them of their
privileges, he must understand that he shall apply to the
judge"' of the decury.
1 CJ II, 14.
3 Guilds of clerical workers in the imperial service, found primarily in Rome.
4 the teacher, G.
5 The tenth consulship of Constantius Augustus and the third
consulship of Julian Caesar (360), since Constantius was not in
Constantinople in 357 and did not arrive there before 359/360, G.
6 14, 3, 18; Symmachus, Epist. 5, 55-57.
8 CJ II, 14, 1.
7 Not
extant.
10 14, I, 2.
11 Judex, judge, the highest ranking official of the decury. Or:

the judge who has jurisdiction over the decury.

Milan in the year of the consulship of Timasius and Promotus.January 19, 389.
Emperors Arcadius, Honorius, and Theodosius Augustuses to Exsuperantius, Julius, and the other Decurials.
We confirm by Our authority the laws7 established by
former Emperors as well as those of Our sainted father.
Therefore, it is Our will that all judges shall know that no
person shall attempt to inflict a brand of disgrace upon
members of this guild by means of corporal injuries, nor
shill he dare to deprive them of those advantages which
are approved by reason. For it is Our will that their ancient prerogative of privileges shall be preserved for members of this guild.
4.12
Given on the eighth day before the ides of July at Rome in the
year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-July 8, 404.
5. The same Augustuses to Curtius, Praetorian Prefect.

Although the privileges of the decury3 of Our most
sacred City9 have been confirmed by so many and by such
manifest sacred imperial regulations 7 of ancient Emperors,
as well as by Our own rescripts, nevertheless, by this law
also We confirm those privileges which have very often
been established. (Etc.)
Given on the seventh day before the ides of April at Ravenna in
the year of the seventh consulship of Honorius Augustus and the
second consulship of Theodosius Augustus.-April(?) 7, 4o7.xs

Bonosianus, Prefect of the City.
It would be Our desire to increase the privileges of the
decury, were it not a kind of outrage to add anything to
antiquity.14 Therefore, all men shall know that five pounds
of gold are established as a fine if any person in any place
should perchance surreptitiously attempt to take part in
their official acts." We decree that all emoluments wrested
from them by various persons shall be restored. Of course,
if any person should be said to contravene the sacred imperial statutes, the Respectable Vicar of Africa1 6 will provide that vengeance shall be inflicted upon him.
Given on the seventh day before the kalends of October at Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-September 25,
409; 410.
TITLE 2: THE PRIVILEGES OF GUILD MEMBERS OF THE CITY OF ROME' (DE PRIVILEGIIS CORPORATORUM URBIS ROMAE)
i. Emperors Valentinian and Valens Augustuses to Symmachus, Prefect of the City.
If various guilds have been fostered by means of any
12 J
II, 14, 2.
13 Honorius was at Rome from February, 407.
Add anything to the heritage of the past.

obrepere actibus, creep into their membership lists.
16 Vicarius Africae, ms. V. Since this seems to make nonsense, G.
would delete Africae, and would understand the Vicar of the City.
14
15
1 CJ H,
15.
E 405 1
Privileges of Guil ld
14-2-1
privileges, granted either by the provisions of ancient laws2
or by the humanity of previous Emperors, in accordance
with the reverence due to the Eternal City,8 Your Magnificent Sincerity shall know that such privileges are confirmed by the judgment of Our Serenity, or if they have
wavered in any way, they are hereby restored.
Given on the kalends of June at Bona Mansio: June (May) i.
Posted in the Forum of Trajan in the year of the consulship of the
sainted Jovian and of Varronianus.-364.
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Alypius, Prefect of the City.
No man shall have the authority, no man shall be permitted, to require the inhabitants5 of the City' to sustain
any new burden in the City.
2.4
Given on the day before the ides of July at Aquileia in the year
of the consulship of Tatianus and Symmachus.-Iuly 14 (June 12),
39'.
Emperors Arcadius and Honorius Augustuses to Florentinus, Prefect of the City.

In honor of the Eternal City,' We command that the
privileges granted to the members of the guilds shall be
valid. (Etc.)
3.4
Given on the fifteenth day before the kalends of April at Milan

in the year of the consulship of Caesarius and Atticus.-March 18,
397-

Palmatus, Prefect of the City.
If any guild members of the City of Rome have illegally
passed into foreign parts, they shall be forced to return by
the administrative action of the governors6 of the provinces, in order that they may perform the compulsory public services which ancient custom has imposed upon them.
Given on the fourth day before the kalends of April at Ravenna
fifth consulship of Theodosius Augustus.-March 29, 412.
TITLE 3: BREADMAKERS; PACKANIMAL

(DE PISTORIBUS 2 ET CATADRIVERS'
BOLENSIBUS)
Emperor Constantine Augustus to Profuturus, Prefect
of the Annona.
All breadmakers must be informed that if anyone of
them perchance should suppose that he may transfer his
landholdings to other persons, so that afterward, when he
has located his property in concealment, he may allege that
he is not financially competent, as though another person
should be chosen as a substitute in his place, this astuteness and detestable falsification shall profit him nothing,
but he shall remain in the service of breadmaking without
any claim for exemption. If he has transferred his property by sale to others, it shall not be restored to his ownership.
i.
Posted on the ides of August in the year of the fifth consulship

of Constantine Augustus and the consulship of Licinius Caesar.August 13,
2 Not
SCJ
319.8
extant.
II, 15,
5incolae,
I.
inhabitants, settlers, immigrants, foreigners.
6 rectores.
16. Cf. 10, 2o, n. I; II, I, n. 38.

2pistores, breadmakers, who ground the grain and baked the
bread.
1 CJ ii,
3,
4,06
Members of Rome
Emperor Constantius Augustus to Orfitus, Prefect of
the City.
If any man should suppose that a daughter of a breadmaker should be united to him in marriage, he shall be held
obligated to the guild of breadmakers; and since he is
bound to the family4 of a breadmaker, he shall be forced
also to be subject to its burdens. Because this necessary
guild must be fostered, I prohibit those persons established
as patrons of the breadmakers to be summoned to the
duties of any other compulsory service. Henceforth they
shall not be attached to the guild of raftsmen, in order that
2.
they may be freed from other compulsory public services

and with the exertions of undisturbed minds they may perform only this service.
Given on the day before the nones of July at Milan in the year
of the consulship of Arbitio and Lollianus.-luly 6, 355.

We do not permit any Senator or any apparitor to pur-
chase either rustic or urban estates which are possessed by

breadmakers under private ownership, but a like contract
with other persons is not forbidden, since the purchasers
shall be called to the duties of the seller. With reference to

such purchase an attestation must be filed with the prefect
of the annona.
i. But in the case of gifts, sons and grandsons are excepted from the operation of this law, all other persons connected by any tie of near kinship are placed in the same
position, and We do not deprive them of the privilege of
generosity, because such persons are forced by the right of
succession to assume the compulsory public services of
breadmaking.
2. This general rule shall be observed also in the case of
testaments, gifts, and last wills, 5 so that such transfers to
extraneous persons shall not be valid unless they voluntarily assume the duties of breadmakers, since they have
obtained the bounty of breadmakers.
Given on the fourth day before the nones of June at Nish in the
year of the consulship of the sainted Jovian and of Varronianus.
-June 2 (8, 1o, II), 364.

City.
If any breadmaker should be made a Senator, he is

granted the choice that he shall surrender either his desire
for property or his membership in the Most Distinguished
Order. But if such persons should be desirous of their high
rank, they shall be forced to provide suitable substitutes
from their own resources, to the same amount of property
for breadmaking as they themselves furnished while they
were breadmakers.
Given on the eighth day before the ides of June at Nish in the
-June 6 (8), 364.

City.
We command that sons of breadmakers who are left at
a tender age shall be protected from the duty of breadmaking up to the twentieth year of their age. Suitable
breadmakers shall be chosen as substitutes, indeed, at the
4 familia, organization, guild, 7, 4, n. 68.
5 testaments and gifts by last wills. Or: testaments, gifts in
contemplation of death, and last wills, M.
L406
Breadmakers; Packanimal Drivers

risk of the entire guild, in the place of such pupils, under
the condition, of course, that after the pupils have completed the twentieth year of their age, they shall be forced
to undertake the duties of their fathers' compulsory public
service. Nevertheless, those persons who appear to have
been chosen as substitutes in their place shall remain
breadmakers.
Given on the sixth day before the ides of January at Nish in the
-January (June) 8, 364.

City.
No breadmaker shall be allowed by the presentation of
a supplication to the Emperor to impetrate permission to
escape his compulsory public service by subterfuge.
Given on the sixth day before the ides of January at Nish in the
-January (June) 8, 364.
7. The same Augustuses to Viventius, Prefect of the City.

After a period of five years has elapsed, the chief patron
of the breadmakers shall be granted rest and leisure, on
the condition that he shall deliver and consign to his successor the breadmaking establishment, together with the
animals, the slaves, the mills, and the farms belonging to
the endowment, 6 in short, all the equipment of breadmaking.
-October 8, 364; 367.7

City.
The office of Your Sincerity shall be on guard that if
any man should once for all be assigned to the guild of
breadmakers, he shall not be granted the opportunity and
power in any way to withdraw, even if the assent of all
the breadmakers should strive to obtain his release and
their assembly should appear to have agreed. Not even this
privilege shall be granted to any breadmaker, namely, that
he may pass from one breadmaking establishment to
another.
Milan in the year of the consulship of Valentinian and Valens Augustuses.-January 15, 365.

We decree that a freedman shall not" be attached to the
guild of packanimal drivers if his entire substance by appraisal is valued at thirty pounds of silver. If the freedman has9 this weight of silver itself or its value in other
commodities or in buildings or farms and he does not exceed the amount of the aforesaid assessment, We command
that he shall be freed from the annoyance of this burden.
Given on the third day before the kalends of April at Trier in
-March
30, 368; 370.
1o. Emperors Valentinian and Valens Augustuses to

If freedmen should obtain anything by testament or gift
from their masters, of whatsoever rank or merit their
fundi dotales.
7 Viventius became Prefect in 367, Amm. Marcell., 27, 3, II.
8 Reading non.
9 Or: We decree that a freedman shall be attached to the guild.
... If the freedman should not have this weight ...
6
14*3-13
masters may be, and if the freedmen should thus acquire

any property obligated to the breadmaking service, they
shall be attached to the guild of breadmakers. But if to
such freedmen property should be left that is free from
obligation to the aforesaid guild, 0 they shall become obligated to the compulsory public service of the packanimal
drivers. Furthermore, if any of the aforesaid persons
should suppose that he may be enrolled in other guilds, he
shall be unhesitatingly dragged back and assigned to the
compulsory public service to which he has been attached
by this law. If, moreover, such persons should receive any
fields from men of Most Noble"' rank, the property shall
be subject to the aforesaid guild in such a way that no
prejudice shall be created for the glebal tax, since this property which was subject to such tax has been gainfully
acquired.
Given on the nones of July: July 7. Read in the Pantheon on the
nones of November in the year of the consulship of Valentinian and
Valens Augustuses.-November 5, 365(f) 368; 370.
ii. The same Augustuses to Symmachus, Prefect of the

City.
By this general sanction We proclaim that license shall
be extended to no person whatever to take refuge in the
Church" for the purpose of evading service as a breadmaker. But if any person should enter the Church," he
shall know that the privileges attached to Christianity12
have been abolished and that he can and must be recalled
after any length of time to the association of breadmakers.
Given on the fifth day before the kalends of October at Aquileia
-September 27, 365; 364.
12.'3 The same Augustuses to Claudius, Proconsul of

Africa.
According to the sacred imperial regulation1 4 of Our

ancestor, Constantine, breadmakers shall be dispatched
every lustrum to the most sacred City,' 5 from the office
which appears to be assigned to that guild. In the performance of this task precautions shall be taken that no person
may consider that this compulsory public service, which is
one that is incumbent on persons, may be estimated at a
price.16 As due reason constrains them, they shall come at
their appointed time, and they shall so come as the office
staff which serves you assigns them to the patrons of the
breadmakers and the prefect of the annona. But if any
judge17 at the statutory time should not dispatch the person
who has been destined for that purpose, he shall immediately become and remain obligated to the compulsory public
service from which he is proved to have withdrawn the
person who was obligated. Also upon his office staff an
adequate punishment shall be inflicted, because either by
their connivance they neglected or by their fraud they
omitted to admonish their judge17 about the force of the
law and custom.
Given on the kalends of December at Trier in the year of the
consulship of Valentinian and Valens Augustuses.-December I,
365; 370.

A. breadmaking establishment shall own or appear to
10 Omit: to the aforesaid guild, M.
12 As a cleric.
" CJ 10, 48, 9.
11 Senatorial.
14 Not extant.
"I That he may pay a price instead of rendering such services.
E 407 1
Breadmakers; Packanimal Drivers

14-3*13
have owned not only that property which was originally
16. Emperors Gratian, Valentinian, and Theodosius Auascribed to its guild and which still retains the name and
gustuses to Arborius, Prefect of the City.
form of an endowment,"' but also that property which is
If anything has been presumptuously taken from the
recognized to have devolved from the inheritance of breadstorehouses26 by punishable usurpation, it shall be restored
makers upon their heirs or upon any other persons, in order
with speedy requisition through the breadmakers, upon
that the sale of this property also shall be the more clearly
whom is heaped all the odium of this crime, so that if anyrecognized as forbidden. But contracts shall be preserved
thing cannot be paid in the same kind of supplies, it shall
as legal for the aforesaid guild, only in the case of that
be paid in any kind of supplies, in bronze or lead or any
property which is proved to have been transferred to the
other kind of payment, provided only that provision is made
guild members themselves, not in the hereditary name of
for the restoration of the entire amount.
breadmakers but by their institution as heirs of private
Given on the ides of June in the year of the fifth consulship of
Gratian Augustus and the first consulship of Theodosius Augustus.
individuals, by an act of generosity"' or by a dowry or by
-June (January) 13, 380.
any other title whatever, and in the case that they have
acquired anything from private munificence and while
17. The same Augustuses to Titianus, Vicar of Africa.
participating in human affairs20 they have transferred such
Your Laudable Sincerity shall inspire fear in the judges1 7
property to any of their fellow guildsmen, that is, to other
of Africa with a threat of this kind, namely, that unless at
breadmakers. But if they should also leave such property
the accustomed time they provide for dispatching the
in their own succession, We call such property also by the
breadmakers that are due to the needs of venerable Rome,
name and title of endowment, 8 because if any property
they shall know that they will be fined fifty pounds of
remains in the possession of a breadmaker during his lifesilver, and their office staffs an equal penalty.
time, it must profit the breadmaking establishment. ThereGiven on the fourth day before the ides of July at Trier in the
2
fore, I henceforth preserve 1 the established order, that if
year of the fifth consulship of Gratian Augustus and the consulship
of Theodosius Augustus.27-July 12 (January 1O), 390.
any person of private station should acquire from a breadmaker, even by gift, anything obligated to the breadmaking
18. Emperors Valentinian, Theodosius, and Arcadius Auestablishment by the rights of succession or inheritance, he
gustuses to Sallustius,28 Prefect of the City.
shall know that he will not be able to sell or alienate such
Just as it is Our will that the privileges granted to the
property that is obligated to the guild of breadmakers, but
decurials"
shall not be abrogated, so We command that
that the property remains in its own legal status and in the
nothing
shall
be derogated from the law14 that was issued
name and ownership of the breadmakers.
with respect to the supervisors.3 0 For if any persons have
Given on the kalends of June at Trier in the year of the consulship of Emperor Designate Valentinian and of Victor.-lune (Janillegally passed to the decuries29 in order that they may
uary) 1, 369.
avoid the compulsory public service of supervisor,o it is
necessary that the decurial privileges cannot be preserved
14. The same Augustuses to Ursicinus, Prefect of the
with respect to those persons whom the aforementioned
Annona.
public service rightfully vindicates to itself as obligated to
If a daughter of a breadmaker should marry any man
it." Moreover, to such an extent do We decree that the
and afterward, when her fortune had been squandered, he
exemptions3 2 of various Emperors, as conceded by their
22
should suppose that she may be released from the guild,
generosity, shall remain with respect to the decuries, 29 and
We command that he shall be bound to the compulsory
We command that those persons so obligated shall be asduties and guild of breadmaking by the same law and
signed to the post of supervisor,"o that if any person should
reason as if he were held by the bond of birth status to
offer prayers to Our Majesty with respect to exemption
such compulsory public service.
from the post of supervisor, he shall be punished with the
Given on the eighth day before the kalends of March at Trier in
forfeiture of his property. We decree that this regulation
the year of the consulship of Modestus and Arintheus.-February
shall be observed by perpetual law, indeed, not only in the
23, 372.
case of the decurials 29 but also in the case of all other
Augustuses
Valentinian
and
Gratian,
Valens,
15. Emperors
persons.
to the Most Noble Gregorius, Prefect of the Annona.
No prefect of the annona, contrary to his own ruling or
year of the consulship of Emperor Designate Honorius and of the
Most Noble Evodius.-une II, 386; 384.
that of another, shall permit the position of breadmaker to
be restored to's any person who has been ejected, for the
19. Emperors Arcadius and Honorius Augustuses to Eulaw must maintain its authority in the courts, since through
sebius,
Praetorian Prefect.
the law wise provision is made at the same time against the
24 as well as for the benefits of the
We have learned that the breadmakers of the Eternal
depravity of embezzlers
City" have disregarded ancient custom and have reduced
public annona and for the stability of cases that are deto nothing their farms and landed estates, which formerly
cided.2 5
furnished fixed emoluments for their guild, and that they
Given on the fourteenth day before the kalends of March at Trier
have devised new sources of gain for themselves. Thereconsulship of Merobaudes.-FebruaryI6, 377.
fore We bring forward the remedy of a wise provision for
alive.
While
20
19 Such as a gift.
1s dos.
Reading servavi with the ms. G. and M. suggest: you will
preserve.
22 consortium, association, marriage, guild.
23 be distorted for, M.
24 decoctorum, of bankrupt persons; of embezzlers.
25 The authority of judicial decisions must be upheld. This is
not the principle of stare decisis of the English Common Law.
21
The public storehouses of the City of Rome.

27 the first consulship of Theodosius Augustus, M.
26
28 14, I, n. 6.
29 14, I, n. 3.
so mancipes, supervisors of the breadmaking establishments.

31 to such supervisorship, M.
32 defensiones, grounds of defense for the purpose of obtaining
exemption.
E 408 ]
Swine Collectors, Cattle Collectors, and All Other Guildsmen

the future, and We command that a man of approved industry shall be dispatched, by whom an investigation and
inquiry can be made of the resources of the separate farms
and landed estates which are obligated to the guild of
breadmakers, so that such farms may be delivered to responsible persons under perpetual right at a fixed rental,
and the chief tenants shall pay to the breadmakers the
amount of rent and the emoluments as anciently established.
Given on the seventh day before the ides of July at Milan in the
consulship of Honorius Augustus.-July 9, 396.
20. The same Augustuses to Theodorus, Praetorian Pre-
fect.
If through the sentence of a judge a person has been
once for all assigned to the order of breadmakers, he shall
not surreptitiously seek to obtain a rescript, nor shall he be
granted any opportunity to supplicate the Emperor. If any
person should wish to hope for such special grants of imperial favor, he shall be forced to pay five pounds of gold
to Our fisc. For if perchance by means of secret or corruptly solicited prayers to the Emperor he should elicit
such a special grant of imperial favor, the judge in whose
court such a sentence was pronounced shall pay five pounds
of gold to Our treasury and his office staff a like amount,
if they consented to such an impetration.
Given on the seventh day before the kalends of May at Milan in
consulship of Eutychianus.-April 25, 398.

Vitalis, Prefect of the Annona.
No breadmaker or any of his descendants shall be allowed to pass from his service by the union of marriage
with private persons or with persons of the stage or with
persons held bound by the profession of charioteer, even

if the assent of all the breadmakers should agree to such
action, or even if Our rescripts should be surreptitiously
elicited in any way. If any person" should attempt to
aspire to such forbidden marriages, he shall know that he

will be beaten with scourges and punished with exile by
deportation, and his property will be united to the breadmakers' guild. If the office staff of Your Gravity should
not oppose such acts immediately in their very inception
and should be remiss in their recommendations to the
judge, on each unit of the office staff34 a fine of ten pounds
of gold shall be inflicted. Thus such persons3 5 also, together with their patrimony, shall be recalled to their due
service, if through such marriages they have been in a
similar union. Therefore, if any man should obtain the
daughter of a breadmaker in marriage, whether he is from
the stage or from among the charioteers or from among
any private persons, he shall immediately be assigned to
the guild of breadmakers.
Given on the eighth day before the ides of March at Ravenna in
the year of the first consulship of Our Lord Theodosius and the
consulship of the Most Noble Rumoridus.-March 8, 403.
33 Of the
breadmakers or their descendants, G.

34 familia, guild, unit, organization, marriage. For each such
marriage?
3 persons of the stage and charioteers ... shall be called to the
due service of breadmakers, G.
36 CJ 12, 53, 2.
14-4*2
If any apparitor of the office of the Illustrious prefect
of the City or of the administration of the annona by
clandestine fraud should practice extortion upon a breadmaker, and if he should be accused and convicted, he shall
be assigned to the perpetual bonds of breadmaking. (Etc.)
Given on the seventh day before the kalends of January at

Ravenna in the year of the eleventh consulship of Honorius Augustus and the second consulship of the Most Noble Constantius.
-December 26, 417.
TITLE 4: SWINE COLLECTORS, CATTLE

COLLECTORS, RECEIVERS OF WINE, AND
ALL OTHER MEMBERS OF GUILDS' (DE
SUARIIS, PECUARIIS ET SUSCEPTORIBUS
VINI CETERISQUE CORPORATIS)
i. Emperor Constantine Augustus to Pacatianus, Prae-
torian Prefect.
Since the guild of swine collectors has dwindled to a
few persons, We command that in the presence of the
Roman people as they stand by in public assembly, the
collectors shall tell upon whom exemption has been conferred and upon whom the burden has come, so that when
these facts are adduced in the midst of the public reckoning, 2 the usage3 governing the property of shipmasters
shall be set forth as a precedent. Therefore they shall
recognize that their own property is obligated to the compulsory public service of swine collectors, and they shall
choose one of two courses: either they shall retain their
goods which are obligated to the compulsory public service
of swine collection and they themselves shall be held subject to this service, or they shall nominate responsible persons, whomsoever they wish, who will satisfy the requirements of this compulsory public service. For We allow no
man to be exempt from such compulsory public service.
But if they have escaped by promotion to high honors or
by any sort of trickery, We order them to be recalled 4 and
this procedure to be fulfilled with the Roman people as
witnesses and auditors. We must be consulted with respect to them, so that We may punish those of them who
have employed such subterfuge, and henceforth no person
at all shall be granted exemption from this compulsory
public service. But if any person should be able to obtain
such exemption surreptitiously, after the annulment of
such special grant of imperial favor, he shall also undergo
the peril of his life.
Given5 on the eighth day before the ides of March at Rome in
the year of the consulship of Optatus and Paulinus.-March8, 334.
2. The same Augustus to Lucrius Verinus.6

The landholder shall have freedom of choice as to
whether he should pay money to the swine collector. This
choice is permitted him, so that unrestrained freedom may
1 CJ II, U7; Nov. Val. 36. pecuarii, collectors of beef cattle, as
well as small cattle, such as sheep and goats, though pecuarii
sometimes means collectors of small cattle only, as distinguished
from boarii, collectors of beef cattle, as in Nov. Val. 36. Cf. io, 20,
n. I;
II, I, n. 38.
2Reading edoctis, with the ms. Or, reading eductis, with G. and
M.: when these persons are produced in the midst of the public
reckoning, publica ratio, as the swine collectors render a public
account. The translation is conjectural.
313, 5, 3.
' Add: to the guild, M.
5 Posted.
6
3,
Lucrius Verinus, Prefect of the City September 13, 323-January
325, 2, 19, I, n. 2.
E 409 ]
144-2
not be granted to the swine collectors in making their estimates as to the weight of the hogs. But if a swine collector should justly estimate the hogs, the landholder shall
have the right to pay money to him, since he has the right
granted to him of both types of payment.7
However, in order that the swine collector may not
suffer any loss in the acceptance of the money, each year
the landholder shall pay those prices of pork which are
established by the usage of public trade. Since there is not
one uniform price always and in all places, in accordance
with the difference in localities and seasons the prices shall
be paid for the supplies in kind, that is, unless the pork
itself is furnished. Moreover, the judges" of the districts
shall be admonished that for each year they must report
to Your Wisdom the prices of pork that prevail in the
various localities, so that when this information has been
carefully weighed by Your Gravity, then finally the swine
collectors shall set out to the various districts and accept
the prices which you learn are current in these districts.
The swine collectors cannot complain, since it makes no
difference whether they buy dearer or cheaper, for they
shall give the same price as they receive from the landholders, and the landholders shall be restrained in their
sale of supplies in kind,9 since they shall know that they
will pay as much greater prices to the swine collectors as
they demand for their meat.
seventh consulship of Constantine Augustus and the consulship of
Constantius Caesar.-April 11, 326; 324.
3. Emperor Julian Augustus10 to His Dear Friend, Flavius

Apronianus," Greetings.
The swine collectors of the City of Rome must be paid
those prices which are current in Campania each year, so
that at the risk of the swine collectors an abundant supply
of pork shall be furnished to the people. Since the restitution of their plunder is entirely adequate as a punishment
for the apparitors, the fisc shall immediately vindicate to
its own account anything that is proved to have been demanded beyond six folles for each pound of pork.' 2
Moreover, the exaction of money payments shall be suitably effected not through your office staff or the swine collectors themselves, but through the apparitors of the governor,3 in accordance with the regulation of Our Clemency.
For because the apparitors of the higher officials are customarily ruinous to the provincials,14 this exaction of payment also shall be performed through the judges ordinary'
and the municipal councils. Therefore, for each year, according to the prices that are current in the public market,
throughout Campania the inhabitants shall be commanded
to pay money for each pound of pork, not according to the
prices that are current in the City of Rome but according
to the public usage which is found in Campania. Thus the
exaction of money payments shall be formally made, but
the swine collectors shall be denied the right of such formal
exaction of money payments. For We have delivered letters
to the Most Noble Governor," instructing him that he shall
7 Either of swine or of money.
8 The
judges ordinary, the governors of the provinces.
9 Pork.
10 1, 22, 3, n. 15.
11 Prefect of the City of Rome.
12 One of the many examples of price fixing found in CTh.
18 consularis.
14 Bureaucratic corruption,
2, 29, n. I.
remove the apparitors of the prefect of the City and the

swine collectors, and that he himself shall hasten to recall
the prosecution of the entire collection and the responsibility therefor to his own administration and charge. For he
shall be made subject to the most evident risk if, in transmitting the money, any occasion of fraud14 should arise.
Given on the fifth day before the ides of December at Antioch in
the year of the fourth consulship of Julian Augustus and the consulship of Sallustius.-December 9, 363; 362.
4.15
Praetextatus, Prefect of the City.

Through the payment of one tenth and one half of one
tenth'- by which the expenses of the swine collectors are
compensated, they shall be relieved of the loss which necessarily arises between receipt and distribution,1 7 by a grant
of wine, that is, of seventeen thousand amphoras.
i. To this regulation shall be added the wise provision
that since the Lucanian and Bruttian landholders are afflicted with the expense of long distance transportation, 8
they can, if they wish, pay the regulated amount of supplies
in kind, that is, by a commutation payment19 of seventy
pounds2 0 each, which they must deliver at that place where
they were to deliver the wine.
2. In these matters also a salutary regulation was instituted by your predecessor,21 whereby the license of estimating the weight is denied to the swine collectors, and the
weight of the hogs is sought by the tongue of the balance
and not by the liberty of ocular estimate. Thus, of course,
no landholder shall be allowed, even voluntarily, to deliver
an animal whose weight the swine collector has not previously determined by reliable weighing. But the landholder
must deliver the animals in such a way that for the digestion of their food the hogs shall previously be emptied by
an imposed fast for one night only.
22
3. The salutary regulation of the law of Constantine
shall also restrain that well-known practice whereby the
order23 should decide and agree as to their due share with
the landholder, to whom the prerogative granted by the
ancient Emperors provides the benefits of a more advantageous price. The aforesaid order 2 3 also, with whom the
swine collectors have the common emoluments of wine,
shall deliver to the swine collectors either the statutory
price, that is, the price in the Roman Forum to which they
were to deliver the meat, or else they shall supply the due
amount of meat. 4. Furthermore, the tenth and the half1 6
which We have established shall not be demanded of those
persons by whom money was to be paid.
Moreover, all these regulations must be engraved on a
15C IL 6, 1771; Nov. Val. 16, 1, 2.
16 per singulas et semis decimas, or decima semis, fifteen percent.

Or: one half of one tenth, that is, five percent. This is known as
epimetrum and is to compensate for losses, wastage, and expenses.
Cf. 12, 6, 3; 12, 6, 14-15; 12, 6, 21; 13, 5, 38; 13, 9, 5.
17 Of swine. Or: they shall be relieved of the loss of wine which.
18 Of wine.
19 compensatio.
20 Of such supplies in kind, the flesh of cattle or of swine, for
each amphora of wine.
21 Flavius Apronianus; 14,
4, 3.
22 14, 4, 2.
23 ordo, possibly
the whole guild of swine collectors as distinguished from those of their number who actually collected the
swine; or more probably, the high ranking members, the patrons
of the guild, CIL 6, 1771; Nov. Val. 36,
i.
Cf. I, 5, 8; 8, I, I for
the contrast of the main body (corpus) with the high ranking
members (ordo).
E 410 ]

bronze tablet and placed in the swine market as an eternal
memorial.
Given on the eighth day before the ides of October at Reims in
the year of the consulship of Lupicinus and Jovinus.-October24 8,
367.
5. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Albinus, Prefect of the City of Rome.
We have learned that the resources of the swine collectors have collapsed, on account of the fact that their
farms and other landed estates have been transferred in
writing by many types of gifts to all sorts of extraneous
persons. Your Sublime Eminence shall recall this property
to the ownership of the aforesaid swine collectors, or if the
present detainers of this property should suppose that they
may refuse, they must undergo the common burden with
those persons whose property they studiously retain. The
full measure of equity and justice requires that you also
command their consanguineous kinsmen or those born to
this duty to be attached to the name and the compulsory
public service of the aforesaid swine collectors.
6.25 The same Augustuses to Albinus, Prefect of the City.

Since the swine collectors of the Eternal City display
extremely vigilant exertions for the advantages of the
Roman people, they claim that they have obtained the
special grant of imperial favor 26 of Gratian of sainted
memory, to the effect that they shall never be subject to the
performance of compulsory public services of a menial
nature. Therefore, Your Illustrious Authority shall observe the general rule of the regulations of previous sainted
Emperors, and with an adequate threat you shall urge upon
your office staff that they shall establish the undoubted and
inviolate continuance of that practice which was formerly
established and which has not been changed by any later
order.
Given on the eighth day before the kalends of September at Rome
in the year of the consulship of Timasius and Promotus.-August
25, 389.
7. Emperors Arcadius and Honorius Augustuses to Florentinus, Prefect of the City.

The heirs of swine collectors, together with all the goods
and patrimonies of their children, even those who have
been emancipated, shall be sought out, so that whether it
is a question of persons or of property, they shall be considered no less obligated if they are held by the possession
of property than if they are bound by family succession.
But provision shall be made that swine collectors shall not
admit to their order 27 those persons assigned to an order
of their own, and they shall not seek to obtain property
that is alien and at a distance from their own goods and
customary support, and separated from this compulsory
public service.
in the year of the consulship of Caesarius and Atticus.-February
'5, 397.
8. The same Augustuses" to Hilarius, Prefect of the City.

If any member of the guild of swine collectors by a peti24 Valentinian left Reims for Trier before August 18.
I', 17, 1.
26 Not extant.
shall not lose from their order, M.
25 Q
27
28
14-4-10
tion for assistance of any kind or by the attainment of high
rank should be known to have evaded the compulsory public service to which he was born or to have betaken himself
to service on various office staffs by means of annotations
or rescripts elicited from Our Serenity, he shall be recalled
to his original public service, whether he is found obligated
through his paternal or his maternal ancestry. For if by
pretense any privileges have arisen 29 to the detriment of
the people, such privileges must be deprived of their force.
No admission at all to any high office whatsoever or to any
imperial service shall be granted to any such person, but if
any such privileges henceforth should be elicited or impetrated from Our imperial altars through annotations or rescripts or in any manner whatsoever, they shall be annulled.
i. Also if any person has betaken himself to the privileges of the clergy, he must either assume his own compulsory obligation to the State, or he must cede his own
patrimony to that guild which he deserts.
2. But if any person either by purchase or by gift or by
any other title whatever holds landed estates obligated
to a guild, he must either assume his proportional part of
the compulsory public service or cede such possessions.
3. The same general rule of Our regulation shall be observed with reference to all other guilds which are recognized as sharing in the privileges of the City of Rome.
Rome in the year of the consulship of Bassus and Philippus.-January IS, 408.

(After other matters.) In order to eliminate the fraudulent practices of the patrons of the raftsmen and the
thievery" of the grain measurers of the Port, one of the
patrons shall be selected by common consent of the whole
guild, and he shall undertake the custody of the port stores
for a period of five years. He shall send a secret sampleso
to his colleagues, in order that the hidden fraud 4 of the
shippers, men of the worst quality, may not change any of
the supplies in kind. To this patron We grant the reward
that if with the most excellent trustworthiness he should
administer this compulsory public service that is enjoined
upon him, after the completion of the term of five years of
administration he shall be honored with the rank of count
of the third order, and he shall not obtain this rank from
Our imperial letters patent but from the indulgence contained in this constitution. If he should be apprehended in
fraud, he shall forfeit his patrimony and also be recalled
to the lowest services of breadmaking.
We also decree that the Most Noble prefect of the annona shall have no right to inflict corporal injury on anyone of the three chief patrons of each guild, for the condemnation of the illustrious urban court is sufficient
correction for each delinquent.
Given on the seventh day before the kalends of January at
Ravenna in the year of the eleventh consulship of Honorius Augustus and the second consulship of the Most Noble Constantius.
-December
26, 417.

The cattle collectors shall be incorporated with the
swine collectors. However, it is Our will that these guilds
shall be united under this condition of Our decree, namely,
1o.
29
have been extorted, G., M., II, I, 30, n.

67.
s0 Of the grain that is being shipped.

E 411 ]
14-4-10
that the privileges which they are said to have impetrated

shall be rescinded, and the united interchanges of the two
guilds shall perform these duties alternately. 1 i. Since by
Our law We grant that these disassociated32 bodies shall
be united, it is to their advantage that We order also that
their own members shall be restored to them and that all
privileges, bonds,33 and decrees obtained by any of them
through favoritism shall be rescinded, if such favors were
obtained by shrewd fraud and for the annulment of the
compulsory public service to which they were born, and
without any delay they shall be returned along with their
property to their guild. 2. However, they shall not be
stricken with any fear of corporal injury. For We command that the three primates of this guild shall receive
the rank of count of the third order, an honor which they
shall assume for themselves, not in accordance with Our
imperial letters patent but from the privilege granted by
the law as issued.
34
3. Moreover, for five months each householder shall
3
6
receive" five pounds of meat as rations, in order that no
more may be appropriated by hidden fraud on account of
the smallness of the amounts weighed out. The householders" also may pay the swine collectors in money, as
they have been accustomed to pay, one thousand denarii
for each twenty pounds of pork.12
4. Also the chiefs of office staff of the Illustrious office
of the City prefect and of the Respectable authority of the
vicar shall be constrained to make good the amount uncollected on account of any past connivance, unless they
are in the final year of their term in the imperial service,
so that from their own resources they shall pay whatever
may be due to the account of the compulsory public service
of swine collector, which they have neglected to exact
while they were in the imperial service, and they shall also
lose the privileges of the imperial service.
5. Of course, Your Sublimity shall decree four thousand
rations37 a day of meat," omitting the superfluous" and
the amounts received by Our household; and by such
abundant supplies the people shall be encouraged.
Given on the fourth day before the kalends of August at Ravenna
in the year of the consulship of Monaxius and Plinta.-July 29,
former Emperors with respect to the supervisors who provide for the maintenance of the baths at Rome, that they
should share in the operation of the salt works and the
profits therefrom, 2 We affirm such provision by Our everlasting sanction.
Given on the third day before the nones of April at Trier in the
year of the consulship of Valentinian and Valens Augustuses.April 3, 365; 368; 370.
TITLE 6: THE LIMEBURNERS OF THE CITIES

OF ROME AND CONSTANTINOPLE (DE CAL-
CIS COCTORIBUS URBIS ROMAE ET CONSTANTINOPOLITANAE)

i. Emperor Constantius Augustus to Orfitus, Prefect of
the City.
To each limeburner for each three wagon loads of lime,
a single amphora of wine shall be paid' from all the landed
estates which formerly began to be held subject to the
payment of lime, but to each transporter of lime an amphora of wine shall be paid' for each two thousand nine
hundred pounds of lime. Furthermore, it is Our will that
not persons, but the farms themselves, shall be held bound
to the obligation of this payment. We also command that
three hundred oxen shall be given from the four districts'
to the transporters.
Given on the eighth day before the kalends of April in the year
of the consulship of Eusebius and Hypatius.-March 25, 359.
Emperors Valentinian and Valens Augustuses to Symmachus, Prefect of the City.

Our oration3 manifestly included provisions for the exemption of those persons subject to the service of limeburning and of transport. Therefore, if men of this class
have formerly obtained any privileges with respect to extraordinary public services, in accordance with ancient and
long established custom, they shall now also obtain such
privileges with respect to the performance of compulsory
public services, to alleviate the tasks which they sustain.
2.
Given on the sixth day before the ides of June at Nish in the
-June 8, 364.
419.
TITLE 5: SUPERVISORS OF THE BATHS OF

THE CITY; THE TRANSPORT OF WOOD (DE
MANCIPIBUS THERMARUM URBIS ET SUBVECTIONE LIGNORUM)
i. Emperors Valentinian and Valens Augustuses to Olyb-
rius, Prefect of the City.

If any provision has been made by the decrees' of
-1 Before the union of these two guilds they had performed their
functions alternately in supplying the different kinds of meat. After
their union, the different kinds of meat were still supplied alternately. The translation is conjectural.
33 Such as marriage.
32 alternating, M.
3 possessor, landholder, householder.
3 G. reads: appendat, the landholder (householder) shall pay.
36 obsonia. The meat was rationed and sold at a reduced rate, II,
Y, n. 38.
37 Or: pounds.
38 Persons not entitled to this privilege. Or superfluous amounts

of food.
3. The4 same Augustuses to the Most Noble Volusianus,

Vicar.
Since We desire to restore the condition of the Eternal
City and to provide for the dignity of the public buildings,
We order that a solidus shall be paid to each limeburner
and lime transporter for each wagon load of lime. Of this
sum, three parts shall be paid by the landholders, and the
fourth part shall be taken from the price paid for that
wine which is customarily furnished from the wine treasury. We add that not more than three thousand lesser
wagon loads shall be demanded each year. Moreover, of
the lime thus transported the ratio shall be so distributed
that one thousand five hundred loads shall be assigned annually to the aqueducts, the other to the repair of build211, 20,
3.
1 Apparently as a gratuity. Cf. 10, 20, n. i; Glossary, s.v. limeburners.

2 regiones, the urbicarian districts, G.
3 To the Senate, a common means of promulgating imperial laws;
not extant.
4 Prefect of the City; CIL
1 Not extant.
512,
794, 1171, 1173, 1174, 3866, 31763.
E 412
Ragmen; Transporters of Wood

ings, on the condition that no license shall be left for any
judge or members of an office staff to burn lime, under the
provisions of this statute, whereby if any person should
participate5 in such usurpation, he shall be forced to undergo the severity of public punishment.
Moreover, this exception shall be made from the regular
tax . . ." of the payment of Terracina which is custom-
arily assigned, according to ancient usage, to the requirements of the lighthouse and the Port.7 But We command
that the decurions of Tuscany shall be relieved of the
burden of nine hundred loads which they were forced to
deliver each year, under the condition that if ever the
necessity of a new construction should arise, this fact shall
be transmitted to Our knowledge by the reports of the
judges. By the regulation of Our prudence We shall sanction what must be added and to what extent deliveries
must be made. Moreover, from the above mentioned number of wagon loads, one half, which We ordered to be
apportioned for the repair of houses, shall be separately
assigned. Thus the office of the prefect of the City shall
know that this responsibility pertains to their duties.
Given on the eighth day before the ides of August at Milan in
-August 8 6, 365.
4. Emperors Gratian, Valentinian, and Theodosius Augustuses to Severus, Prefect of the City.'
In order that there may be no diminution of the supply
of cement and lime in the Venerable City, if any person
should contend that any of these supplies should be conferred upon him by any decree of celestial imperial indulgence, he shall receive nothing at all except that which
appears to be surplus and an oversupply that is not needed
for any buildings or construction in the City of Rome.
Given on the kalends of April in the year of the consulship of
Antonius and Syagrius.-April 1, 382.
14-8-1
order those who have departed to a distance to be dragged

back, together with all their possessions, to their own municipalities, lest on account of the lack' of such property it
may not be possible to hold them to the place of their birth.
With reference to their descendants, the general rule shall
be observed that when the marriage is between persons of
unequal status, the children shall follow the mother, but
when it is a legally recognized marriage, the children shall
be freeborn and shall fall to the father.
Given on the ninth day before the kalends of June at Milan in
the year of the consulship of Caesarius and Atticus.-May 24, 397.
If members of guilds should perown municipalities, they shall be

their
from
chance depart
to the compulsory services of
property,
their
recalled, with
the
places whence they departed.
and
to
their municipalities
With respect to their children, the regulation shall be observed that if they are born from a colona or from a slave
woman, the offspring shall follow their mother, but if they
are born from a freewoman and a member of a guild, they
are born members of the guild.
INTERPRETATION:
ia.5 Emperors Arcadius, Honorius, and Theodosius Augustuses.

If the slave of any person should be a fugitive or for
any cause should migrate to another province, and in the
aforesaid place which he reached he should presume to
usurp for himself the name of freedom, so that thus among
unknown persons he should be recognized as more noble
and of a higher legal status, and if, therefore, he should be
found and his master should set forth his opinion before
the court as to the status of such a person, the pleading
shall not be heard there or the false claim to freedom
proved, but in the place where his birth status is held subject to slavery by his master who claims him.
402-408.

Liberius, Praetorian Prefect.
(After other matters.) By the same regulation,7 We
command the recall of members of guilds, jugglers, fortune
tellers, standard bearers and banner carriers, and the guild
members of the various cities. We also decree that the
right of supplication to Us shall be denied them, so that no
command may appear to change their birth status, a thing
which is impossible. If perchance any person should be
recognized as freed by the sacred imperial authority, such
special grant of imperial favor shall become invalid, and
he shall be returned to his birth status.
2.6
5.10
Aetius, Prefect of the City.

We order the removal of all furnaces throughout the
entire space that extends along the shore of the sea between the amphitheater and the port of the sainted Julian,
for the sake of the healthfulness of Our Most August City
and on account of the vicinity of Our palace, nor shall
license be granted to any person to burn lime in these
places.
Given on the fourth day before the nones of October at Constantinople in the year of the consulship of Monaxius and Plinta.
-October 4, 419.
TITLE 7: MEMBERS OF GUILDS' (DE COLLEGIATIS)
1.2 Emperors Arcadius and Honorius Augustuses to GracGovernor 3
chus,
of Campania.
The competent judges shall assume the task of dragging
back the guilds, that is, the guild members, and they shall
o should be apprehended, M.
6 Corrupt text. This shall be paid with the exception of the
regular tax payment of Terracina which, M.
7 The Port of Rome, Ostia, at the mouth of the Tiber, and its
lighthouse.
8 1, 6, 5.
p6, 6, 1, n. 3.
10 A zoning restriction. Cf. 14, 14.
Given on the sixth day before the kalends of December at Ravenna in the year of the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-November 26,
412;
409.8
TITLE 8: RAGMEN; TRANSPORTERS OF

WOOD (DE CENTONARIIS ET DENDROFORIS)
I. Emperor Constantine Augustus to Evagrius, Praetorian
Prefect.
Your Gravity shall give letters to all the judges' to the
4 desiderium, lack, desire.
5 2 in Haenel; spurious according to Mommsen.

7
parts of the same original constitution.

8 8, 4, 25, n. 79.
1 Brev. 14, 1; CJ II, 18. Cf. 10, 20, n. I; Glossary, s.v. guilds.
2 Brev. 14, I, I.
3 Consularis.
3 in Haenel.
8, 4, 25; 12, I, 170. These three constitutions are apparently
1 Judges ordinary, governors of Provinces.
C 413 1
Ragmen; Transporters of Wood

effect that in whatever towns there may be transporters of
wood, they shall be annexed to the guilds of ragmen and
artisans, since it is expedient that these guilds be increased
by the addition of large numbers of men.
Nish: September 18. Received on the eighth day before the ides of
November in the year of the fourth consulship of Constantine
Augustus and of Licinius.-November 6, 3.5; 359.

No member of the guild of ragmen shall be able to withdraw stealthily to a municipal council. A penalty is established for the aforesaid guild unless they immediately lodge
a complaint about such withdrawals.
Given on the fifth day before the kalends of February at Trier
of the Most Noble Victor.-lanuary 28, 369.
TITLE 9: THE PURSUIT OF LIBERAL STUDIES IN THE CITIES OF ROME AND CONSTANTINOPLE (DE STUDIIS LIBERALIBUS
URBIS ROMAE ET CONSTANTINOPOLITANAE)
All persons who come to the City because of their desire
for learning shall first of all upon arrival present to the
master of tax assessment' the requisite written documents
from their several provincial judges, by whom the right
to come to the City must be given. These documents shall
contain the name of the municipality from which each student comes, together with his birth certificate and letters of
recommendation certifying to his high attainments. In the
second place, immediately upon matriculation the students
shall indicate the profession for which they intend to study.
In the third place, the office of tax assessment shall carefully investigate the life of the students at their lodging
places, to see that they actually do bestow their time on the
studies which they assert that they are pursuing. These
same officials of tax assessment shall warn the students
that they shall severally conduct themselves in their assemblies as persons should who consider it their duty to
avoid a disgraceful and scandalous reputation and bad
associations, all of which We consider as the next worst
thing to actual criminality. Nor shall the students attend
shows too frequently nor commonly take part in unseasonable carousals. We furthermore grant to you as prefect
the authority that, if any student in the City should fail to
conduct himself as the dignity of a liberal education demands, he shall be publicly flogged, immediately put on
board a boat, expelled from the City and returned home.
Of course, permission shall be granted for all students to
remain at Rome till their twentieth year, if they industriously apply themselves to the work of their profession,
but if after the expiration of this time any student should
neglect to return home of his own accord, by the admin'istrative action of the prefect he shall be returned even
more disgracefully 4 to his municipality.
1 CJ II, 19.
2 magister census. This office closely supervised the movements of
all persons, to insure the prompt collection of the public revenues.
3 Judges
4 even
ordinary, governors of provinces.

against his will, Conring.
In order that these provisions may not perhaps be perfunctorily enforced, Your Exalted Sincerity shall admonish
the office of tax assessment that for each month he shall
enroll on his register the students who come, whence they
come, and those who must be sent back to Africa or to the
other provinces according to the periods of time. Only
those students shall be excepted who are attached to the
burdens of the guilds. Similar registers, moreover, shall be
dispatched each year to the bureaus of Our Clemency, in
order that We may learn of the merits and education of
the various students and may judge whether they may
ever be necessary to Us. 5
Given on the fourth day before the ides of March at Trier in the
year of the consulship of Valentinian Augustus and the third consulship of Valens Augustus.-March 12, 370.
2. The same Augustuses to Clearchus, Prefect of the City.

We command that four Greek and three Latin copyists,
skilled in writing, shall be selected for copying7 the manuscripts of the library' and for repairing9 them on account
of their age. To them the appropriate subsistence allowances shall be issued from the caducous supplies of the
people, for the copyists.themselves also appear to be from
the people. For the custody of the aforesaid library, men
of ignoble statuso shall be sought out and immediately
assigned to that duty.
Given on the eighth day before the ides of May in the year of
the consulship of Modestus and Arintheus.-May 8, 372.
3.11
Emperor
Theodosius
Augustus
and
Valentinian
Caesar.12
We order to be removed from the practice of vulgar ostentation all persons who usurp for themselves the name
of teachers" and who in their public professorships and in
their private rooms are accustomed to conduct with them
their students whom they have collected from all quarters.
Thus if any of these teachers, after the issuance of the
words of this divine imperial sanction, should perhaps
again attempt to do that which We prohibit and condemn,
he shall not only undergo the brand of infamy that he deserves, but he shall know that he will also be expelled from
the very city where he conducts himself thus illicitly. But
by no threat of this kind do We prohibit those teachers who
are accustomed to give such instruction privately within
very many homes, if they prefer to keep themselves free
for such students only whom they teach within the walls
of private homes. If, moreover, there should be any teacher
from the number of those who appear to be established
within the auditorium of the Capitol, he shall know that in
every way he is interdicted from teaching such studies in
private homes. He shall also know that if he should be
apprehended doing anything contrary to the imperial celestial statutes, he shall obtain no benefit from those privileges
which are deservedly conferred upon those persons who
have been commanded to teach only in the Capitol.
i. Therefore, Our auditorium shall specifically have
three orators and ten grammarians, first of all among
those teachers who are commended by their learning in
6 antiquari.
5 For positions in the imperial service.
7 componere, collect, arrange, copy.
8 At Constantinople.
10 condicionales.
9 reparare,repair, renew, replace.
11 CJ 1I, 19, I.
12 Apparently addressed to Constantius, Prefect of
the City,
15, I, 53.
3
magistri, masters.
E 414 1
Members of the Imperial Service Barred from the City

Roman oratory. Among those professors also who are
recognized as being proficient in facility of expression in
Greek,14 there shall be five sophists in number, and likewise ten grammarians. Since it is Our desire that Our
glorious youth should be instructed not only in such arts,
We associate authorities of more profound knowledge and
learning with the aforesaid professors.' 3 Therefore, it is
Our will that to the other professors, one teacher shall be
associated who shall investigate the hidden secrets of philosophy, two teachers also who shall expound the formulas
of the law and statutes. Thus Your Sublimity"' shall provide that to each of these teachers a designated place shall
be specifically assigned, in order that the students and
teachers may not drown out each other, and the mingled
confusion of tongues and words may not divert the ears
or the minds of any from the study of letters.
Given on the third day before the kalends of March at Constantinople in the year of the eleventh consulship of Theodosius
Augustus and the consulship of Valentinian.-February27, 425.
TITLE 10: THE GARB WHICH MUST BE

WORN WITHIN THE CITY (DE HABITU, QUO
UTI OPORTET INTRA URBEM)
i. Emperors Gratian, Valentinian, and Theodosius Augustuses to Pancratius, Prefect of the City.
No Senator shall vindicate for himself a military garb,
even without the exception of the early morning hours,
provided that he resides within the walls, but he shall lay
aside the awe-inspiring military cloak and clothe himself
with the sober robes of everyday costume and a civilian
cloak. When, moreover, a meeting of the whiterobed
Order' is being held or a case of a Senator is being tried
at a public hearing of a judge, We command the aforesaid
Senator to be present clad in his toga.
i. We command that the apparitors, through whom the
statutes are executed and compulsory public services are
performed, shall also wear civilian cloaks but shall hold
their inner garments closely bound by means of their cinctures of office, in such a way, however, that they shall
cover their breasts with variegated mantles, and thus by
such acknowledgment they shall bear witness to the necessities of their ignoble status.2
2. Of course, We permit slaves of all men to wear
shaggy coats or hoods, provided that it is established that
their masters are not held bound by any responsibility of
imperial service.
3. If any Senator should disregard these statutes, he
shall be stripped of the authority of his high rank and
shall not have the right to enter the Senate. But apparitors
and slaves shall be ordered to undergo the punishment of
exile, since they have no self respect to lose. The office of
tax assessment shall deservedly be subjected to the payment of twenty pounds of gold, if by their connivance they
should conceal crimes of such usurpation or if they should
accept a bribe to withdraw such crimes from public notice.
the year of the consulship of Antonius and Syagrius.-January I,
382.
14
4
Given and posted at Rome in the Forum of the sainted Trajan in
the year of the consulship of Caesarius and Atticus.-April 7, 397:
June 6, 399.
3. The same Augustuses to Flavianus, Prefect of the City.

Within the City of Rome no person shall wear either
trousers or boots. But if any man after the issuance of
this regulation of Our Clemency should obstinately persist
in such contumacy, he shall be punished according as his
legal status permits and expelled from our sacred City.
(Etc.)
Given on the eighth day before the ides of June at Brescia in the
year of the consulship of the Most Noble Theodorus.-June 6, 399.
Probianus, Prefect of the City.

We command that no person shall be allowed to wear
very long hair,6 no one, not even a slave, shall be allowed
to wear garments made of skins" within our most sacred
City, and hereafter no person shall be able to appropriate
to himself the right to wear such clothing with impunity.
Moreover, if any freeman should disregard the severity of
this Our sanction, he shall not escape the toils of the law;
if a slave, he shall be vindicated to the public works. We
sanction that it shall forthwith' be made known that such
usage is forbidden, not only within the City but also in the
neighboring districts.
Given on the day before the ides of December at Ravenna in the
year of the seventh consulship of Our Lord Theodosius Augustus
and the consulship of Palladius.-December12, 46.
TITLE 11: THE MEMBERS OF THE IMPERIAL

SERVICE WHO ARE NOT ALLOWED TO
COME TO THE CITY (QUIBUS MILITANTIBUS AD URBEM NON LICEAT ACCEDERE)
i. Emperors Arcadius and Honorius Augustuses to the
People.
(After other matters.) We command that all access to
the venerable City shall be completely denied to members
of the secret service,' palatines,' and other members of the
imperial service who are of the lower grades, with the exception of those upon whom some task or some public
service has been enjoined. Thus if any person should attempt to violate the authority of Our edict, he shall be
smitten with the penalty of deportation. (Etc.)
S tZangae, bracchae; these garments were worn by barbarians.
The Emperor's fear of barbarian influences is indicated by the
severity of the penalty.
* 14, HI, 1; 14, 14, 1; 15, 12, 3.

5 14, 10, 2.
6Further legislation against barbarian practices, n. 3.

7
Greek oratory.
1 Ordo candidatus, the Senate of Rome or of Constantinople.

2 condicio.
14-11*1
People.
Within the venerable City no person shall be allowed to
appropriate to himself the use of boots or trousers. But
if any man should attempt to contravene this sanction, We
command that in accordance with the sentence of the Illustrious Prefect, the offender shall be stripped of all his resources and delivered into perpetual exile. (Etc.)
Reading protinus with M.
1 So precarious was the position of the Emperor's power that he

could not risk the presence of these powerful and often unruly
groups.
[ 415 :i
Members of the Imperial Service Barred from the City
14-11-1
2
Given and posted at Rome on the seventh day before the ides
of April in the year of the consulship of Caesarius and Atticus.April 7, 397; June 6, 399.
TITLE 12: VEHICLES OF DIGNITARIES' (DE

HONORATORUM VEHICULIS)
i.' Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Nebridius, Prefect of the City.

All dignitaries of high civil or military rank shall have
the right always to use within Our City of most sacred
name the vehicles of their rank, that is, two-horse carriages.
Given on the third day before the kalends of February at Constantinople in the year of the consulship of Emperor Designate
Honorius and of Evodius.-January 30, 386.
TITLE 13: ITALIAN RIGHTS OF THE CITY OF

CONSTANTINOPLE' (DE JURE ITALICO URBIS CONSTANTINOPOLITANAE)
to Clearchus, Prefect of the City of Constantinople.
With judicial equity We renew the assistance of Italian
2
rights.
Therefore, the benefit of this grant of imperial
favor as conceded shall be registered in the public records,

shall be engraved upon tablets with due solemnity, and
shall remain forever.
Given on the day before the nones of August at Hierapolis in
-August 4, 365; 370; 373.3
TITLE 14: THE CAMPUS MARTIUS OF THE

CITY OF ROME (DE CAMPO MARTIO URBIS
ROMAE)
Emperors Arcadius and Honorius Augustuses to the
People.
(After other matters.) If any person should attempt to
locate a hovel or a hut in the Campus Martius, We command that, by the decree of the Illustrious prefect, he shall
be stripped of all his resources and delivered into exile in
perpetuity. (Etc.)
Given and posted2 at Rome in the Forum of the sainted TraJan
i.

397; June 6, 399.
TITLE 15: THE REGULAR GRAIN TRIBUTE

FOR THE CITY OF ROME' (DE CANONE
FRUMENTARIO URBIS ROMAE)
In order that the worst quality of bread may not be
2
14,
1o, 2,
CJ
11, 20.
n. 4.
2
CJ
11, 20, 1.
CJ 1I, 21.
2 The jus Italicum, the chief element of which was that land was
in the dominium of the holder and not of the State, and thus it
could be transferred and claimed at law by Civil Law methods.
3 Other constitutions name Clearchus as Prefect of the City in
1
372, 373. He is also mentioned by Cassiodorus, Chron. Min. 2, 153,
and he may have held this position since 370 when two constitutions
were issued to him on August io and September 18 from Hieropolis.
1A
zoning restriction to preserve the beauty and dignity of
supplied for the needs of the Roman people, the measurers

and the raftsmen shall be forced to sell only2 two hundred
thousand measures of sound and unspoiled grain at lower
prices to the breadmakers, according to the ancient custom.
Given on the sixth day before the ides of July at Nish in the
-July io (June 8), 364.
2.' Emperors Valentinian, Valens, and Gratian Augustuses

to Julianus, Prefect of the Annona.
Shipmasters4 shall declare in the records of the municipal
curators and magistrates that they have received unspoiled
supplies, and those persons before whom such attestation
is deposed must prove by personal inspection that there
are no imperfections in such supplies. The office of the
prefect' is commanded always to observe the same proceeding at the time when the supplies arrive at the Port of
the sacred City.
Given on the eighteenth day before the kalends of July at Reims
in the year of the first consulship of Gratian Augustus6 and the
consulship of Dagalaifus.-June14, 366.
3.7 Emperors Arcadius and Honorius Augustuses to the
Senate."
You have trustworthy proof, 0 Conscript Fathers, how
much care We devote to your interests and to those of the
people, and therefore by this law We sanction that if any
remission of the regular grain or oil tribute for the City is
bestowed by special grant of imperial favor, privileges
thus elicited against the public interest shall not be valid.
i. Also no person shall dare to touch any grain set aside
for the use of the City, if ever such grain should be forced
by fortune or some good reason to remain on the shore in
Africa, and no one shall dare to change his direct course
and, by the alteration of any orders, to transmit his cargo
elsewhere than to the sacred City. (Etc.)
397.

A fine of five pounds of gold shall be inflicted upon the
petitions of those unscrupulous persons who very impudently dared to demand supplies of water that are due to
the mills which had furnished food supplies very abundantly to the venerable City, unless they desist from the
importunity of such petitions. Also those persons in charge
of the office of the prefect of the annona and the apparitors
who minister to them with their services shall be restrained
by an equal fine, if they should consent or be subservient
to the wishes of these most unscrupulous persons.
i. Moreover, by a similar punishment those persons shall
be constrained who have dared to vindicate for themselves,
as though by private possession, any supplies from the
State storehouses or the small storerooms9 which are estabRome and also to prevent the settlement of undesirable persons.
Cf. 14, 6, n. o.
2 14, 10, 2, n.
4.
1 CJ
II, 23.
Cf. II, I, n. 38.
SCJ II, 23, I.
customarily, M.
nautici.
5Of the annona.

6 In the year of the consulship of Emperor
7 CJ II, 23, 2. Cf. Min. Sen., n. 25.
8 and to the People, 6,
2,
17, n. 16.
9 horrei,cellulae.
E 416 ]
Designate Gratian.
Grain Supply for Constantinople

lished within the City of Rome and the Port and which are
held under the control of the breadmakers.
Given on the day before the ides of April at Milan in the year
of the fourth consulship of Honorius Augustus and the consulship
of Eutychianus.-April 12, 398.
5.10
The same Augustuses to Messala, Praetorian Prefect.
We allow no man to request a special grant of imperial

favor of Our Clemency for changing the regular tribute
due to the City of Rome. Therefore, by means of this
manifest regulation We make wise provision," and We
not only do not allow such rescripts to be accepted, in whatever manner they may be able to be impetrated, but We
also command that those rescripts shall be voided which
were previously elicited from Us. In order that no opportunity for any surreptitious act may lie open to any man,
We decree that if any person hereafter should request that
the regular tribute should be changed for his benefit, to
the fraud of the venerable City, he shall be held subject to
a twofold payment, so that the ancient ordinance shall retain its full force.7
Given on the day before the nones of September at Altinum in
the year of the consulship of the Most Noble Theodorus.-September 4, 399.

In order that criminality may not henceforth flourish
with impunity, by this manifest regulation We decree that
if anything from the regular tribute due to the City is
proved to have been illegally appropriated by a vicar or
any other judge, the amount thus presumptuously appropriated shall be exacted fourfold. Thus the judges shall be
forced to pay twofold and their office staffs twofold. Hereafter, moreover, unless they refrain from such criminality,
We sanction by Our eternal authority that the judges shall
be held subject to the penalty of deportation, and the primates of their office staffs shall be subjected to capital
punishment. 1 2 (Etc.)
Given on the fourth day before the kalends of October at Altinum
in the year of the consulship of the Most Noble Theodorus.September 28, 399; 400.
TITLE 16: THE GRAIN SUPPLY FOR THE

CITY OF CONSTANTINOPLE'
(DE FRUMENTO URBIS CONSTANTINOPOLITANAE)
Monaxius, Prefect of the City.
For the prevention of famine, five hundred pounds of
gold have been collected, partly by the inquiries of Your
Excellency and partly by the gratifying contribution of
the Most August Senate, and We so consecrate this amount
to this account that if any sum should be found under the
title of purchase' for the buying of grain, it shall be disclosed in the tribunal of the City prefect, under attestation
in the public records, so that the sum collected and its increment, which accrues from the sale of wheat,3 shall be
subjected to the scrutiny of the Fathers.4 Therefore, all
10 CJ II, 23, 3.
12
2,
29, n.
11 Add: therefor, M.
i.
14-16-3
usurpation attempted contrary to this title shall cease, so

that neither by the authority of your office nor under the
plea of any occasion, even an honorable one, shall any person be allowed in any manner to violate these carefully considered regulations. Otherwise he shall not only appear to
violate the protection of so many decrees, but he shall also
be punished by a property loss, and whatever he takes
from this quantity of gold, he shall pay twofold that sum
to the grain treasury. Moreover, if any person should wish
to purchase grain privately for his own use within Our
Most August City, he shall have the license to make such
purchases.
Given on the sixth day before the kalends of May at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-April 26 (May
1o), 409.
2.6 The same Augustuses to Ursus, Prefect of the City.

To no person at all shall grain from the public storehouses be furnished instead of annona,6 not even to anyone
of Our own divine household, but all the regular tribute
shall be consigned to the supervisors, and the annona shall
be furnished to households in the form of cooked bread.
For thus must the regular tribute be expended, as it was
established7 by Constantine of glorious memory and increased 8 by the sainted grandfather of My Piety, since
want increases if the grain assigned to the annona is put to
other uses, and the people are forced to buy for themselves
from the public supplies that which they would have been
able to sell to others."
Given on the tenth day before the kalends of August at Constantinople in the year of the seventh consulship of Theodosius
Augustus and the consulship of the Most Noble Palladius.-July
23, 46.
3.10
Leontius, Prefect of the City.

The sum of six hundred eleven pounds of gold shall be
perpetually dedicated to the purchase of grain. Hereafter
no person shall be allowed, after obtaining the administration of the power of the City," to lessen the aforesaid sum
in any way or to convert it to any other uses, but by an

attestation filed in the public records it shall be certified
how much was given to the supervisors under the name of
loans and what sum was to be paid by them, apart from
any extortion. If any man should dare to desecrate this
imperial ordinance, We command that he shall repay twofold that amount in which he exercised his shrewdness,
and if anything should accrue from the aforesaid account,
it shall be added to the store of the aforesaid sum of gold
and to the stimulation of the grain account.2 The text 2 of
this law shall be engraved on tablets of bronze.
Given on the fifth day before the kalends of December at Constantinople in the year of the consulship of Ariobindus and A spar.
-November
26 (27), 434.
CJ
H, 24, 1.
A subsistence allowance, in the form of bread.
7 Not extant.
s
CJ II, 24. Cf. II, I, n. 38.

2 An account for which certain sums were regularly allocated
from State funds, II, 15.
1
3 Surplus supplies were often sold.
4 The Senators of Rome or Constantinople.
" 14, 17, 9-12.
9 that which could have been sold to others, M.

10 CJ I1, 24,2.
11 urbicaria potestas, the office of prefect of the City.
12 tenor, an exact copy, a transcript.
417 1
Municipal Food Rations
14-17*1
TITLE 17: MUNICIPAL FOOD RATIONS AND

STEP BREAD' (DE ANNONIS CIVICIS ET
PANE GRADILI)
i. Emperors Valentinian and Valens Augustuses to Jovius,2
Because We have learned that some men have sold their
houses but retain in their possession the right to the bread
rations, such practice shall be permitted to no one; thus
the right to the bread rations shall follow the houses. Of
course, if any bread rations should become caducous under
such a title, such bread supplies shall be vindicated to the
Given on the sixth day before the kalends of April in the year
of the consulship of the sainted Jovian and of Varronianus.-March
27, 364.

The transfer of step bread' from one step3 to another
shall be prohibited, and the office of the prefect of the annona shall know that the severest punishments threaten
them if they should further permit such transfer to be
made throughout the steps.4
Given on the fifth day before the ides of Decembers at Nish in
-December (June) 9, 364.
3. The same Augustuses to Maximus," Prefect of the
Annona.
All persons shall receive the step bread from the steps;'
no person shall have conferred upon him the favor, and no
person shall have imposed upon him the outrage, of receiving his supply from the breadmaking establishment.
Therefore, the office of Your Sincerity shall provide with
all zeal that the breadmakers shall distribute from the steps
all those supplies which they daily furnish as food rations
for the people, and they shall not issue such supplies
through the operators7 of the bakeries.
Posted on the day before the nones of April in the year of the
consulship of Valentinian and Valens Augustuses.-April 5 (4),
365; 3 68.s

In order that no fraud at all may arise with reference
to the step bread,' We command that if anything is doled
out to the people, it shall be served publicly on the steps
and not secretly by the breadmakers.
twenty loaves of coarse bread, which is now called Ardiniensis, but now they shall obtain thirty-six ounces in six
loaves of fine bread"o without payment, in such a way that
no right shall be held in this distribution by any apparitor,
any slave, or any person who obtains the bread rations due
to a house." If any such prohibited person should by
chance intrude himself into this distribution in any way,

he shall be deprived of the bread which he has thus ac-
quired and shall nonetheless lose his own right to bread, and
he shall be punished according to his legal status, and the
person who reports the commission of such a fraud shall
have the bread of both the purchaser and the vendor. For
Our Clemency has assigned this bread to the populace and
to their successors, if they have no means of subsistence
from any other source, and even if the aforesaid bread is
being sold to them today, it must be distributed from the
appropriate steps4 in the place where it is now being purchased. To these a bronze ticketl 2 shall be attached on
which must be engraved the amount of bread and the name
of the recipient. But if the rash lawlessness of any person
should break forth to such an extent that either through

himself or through someone of his own household he
should wish in any way to insert on the aforesaid bronze
tablet a claim to such bread18 and his own name, he shall

be subject to the aforesaid conditions.
Posted at Rome on the kalends of August in the year of the
consulship of Emperor Designate Valentinian and of Victor.August I, 369.
6. The same Augustuses to Maximus,' Prefect of the
Annona.
If any overseer, procurator, or slave of a Senator should
ever obtain step bread' by usurpation, through the favorit-
ism, venality, or even the consent of the scribe, he shall be

subjected to the punishment of the torture horse. If it
should appear that any such offender by his own rash law-
lessness and without the knowledge of his master had

made an illicit agreement as to his receipt of bread, he shall
be placed in chains and shall himself serve the breadmaking establishment which he defrauded. But if it should be
established that the fault was that of a Senator, his house
shall be added to the resources of the fisc. If any other

person also who is possessed of the resources of a private
Posted on the day before the nones of April in the year of the
consulship of Valentinian and Valens Augustuses.-April 4, 365;
368.8
fortune, should commit such a crime, he shall be subjected,

along with all he has, to the operation of the breadmaking
establishment. Also if any person should be exceedingly
poor in resources, he shall be compelled to perform such
laborious work as a slave. But the sword, as an avenger of
the law, shall be employed against the scribes who are
proved to have perpetrated this forbidden crime.
9
5. The same Augustuses to the People.
The Roman citizens formerly purchased fifty ounces in

-March 19, 370.14
I CJ I, 25. panis gradilis, bread distributed from the steps of a
building and possibly arranged on the steps (gradus) according

to grades (gradus). Cf. Ii, i, n. 38.
3 gradus, step, grade.
2 Jovinus, 8, 15, 3.
Or: within the grades.
7. The same Augustuses to Clearchus, Prefect of the City.

For the future We abolish"5 the custom of selling food
rations'" to the populace, and if a sale of this sort should be
made, it shall lack all validity. But if any person should
6Valentinian was not at Nish on this date.
6 Maximinus.
10 buccellum, hardtack, bread.
7 conductores, lessees, leaseholders. All those supplies . . . shall

be distributed from the steps and not issued from the bakers through
the lessees thereof, M.
8 What is otherwise known of Maximinus excludes the years 365,
370, 373.
9 and Gratian Augustus.
11 14, 17,
token, ticket, title.

13 to vindicate a claim to such bread and to insert, M.
14 The order of the constitutions excludes 365 and 368; the fol12
titUIUS,
lowing constitution and what is known of Maximinus exclude 373.

15 derogamus, derogate from, modify, abolish.
16 annona, food rations, the right to food rations.
C 418 ]

suppose that he must depart from the City, the bread and
all other supplies which he receives shall be reserved among
the supplies of the State storehouses, and in accordance
with the law they shall be conferred upon men of the same
class on their request.
Furthermore, in accordance with the law as published,
if any rights to rations should perhaps be sold," We recall
them also to their original status and right, since indeed it
is just that each man should perpetually retain his own
and that his own class should hold it by the right of succession. Thus a palatine shall have the right to request the
rations of a palatine, a soldier those of a soldier, and one
of the people those of one of the people, nor shall any person by demanding the rations of another be able to confuse
the account of the various classes.
Given on the eighth day before the kalendsls of May in the year
of the consulship of Modestus and Arintheus.-April 24 (May 8),
372.
8. Emperors Gratian, Valentinian, and Theodosius Augustuses to Restutus,19 Prefect of the City.
If any member of the scholarian troops should depart
this life and meet his death, his unclaimed food rations
shall not be demanded by any other group, but they shall
fall to his scholarian troops, to be divided among them and
to remain in their possession.
Given on the day before the ides of July at Thessalonica in the
year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-July 14, 380.
9. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Proculus, Prefect of the City of Constantinople.
It is claimed that the shieldbearing scholarian troops and
the shieldbearing mailed scholarian troops obtained municipal food rations in the City of Constantinople by the
liberality20 of the sainted Constantine. It is asserted that
these supplies have suffered a diminution in great part, because some persons have supposed that they may be sold as
though they were their own, while others have supposed
that through the degrees of succession they have become
a hereditary right. Therefore, if Your Sublime Eminence
should find that any claims to food rations have been alienated in any way, you shall remove all opposition and shall
restore them to those scholarian troops to whom they were
granted and assigned; for the aforesaid troops must have
a perpetual right to such food rations of which they have
obtained the benefit.
Given on the seventh day before the kalends of August at Rome
in the year of the consulship of Timasius and Promotus.-July 26,
389.
10.21 Emperors Theodosius, Arcadius, and Honorius Augustuses to Proculus, Prefect of the City.
It is sufficiently clear that the right to municipal food
rations has been granted by the liberality 20 of the sainted
Constantine, not so much to titles of dignity as individually
to the merits of separate persons. Therefore no such rights
shall be vindicated in the name of the scholarian troops,
but in accordance with the merit of each person such concessions shall be preserved. Thus if any person has received such rights to food rations and has transmitted the
emoluments to his own heirs by right of blood descent or
has transferred them to extraneous persons in writing by

a title of sale, the transaction shall remain valid, either by
22
the right of inheritance or the authority of the sale.
Given on the seventh day before the kalends of July at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-June 25, 392.
ii. The same Augustuses to Aurelianus, Prefect of the

City.
The imperial generosity has assigned the right to municipal rations to military men, in order that the recipients
of such emoluments should enhance the greatness of the
City by their zeal in building. Therefore, in order that such
assigned advantages should not be enjoyed without compensation by the persons who do not support the increase
of buildings in the City by their assistance, this regulation
must be observed with reference to such food rations which
are customarily issued to the scholarian troops, namely,
that only those persons who have houses shall obtain the
advantages assigned to their names. All other such food
rations shall be reconsidered,2 3 held in suspense, and reserved for the decision of Our Munificence. Even if a
sacred imperial grant of generosity should exist,24 such
food rations shall be assigned only to those persons among
the number of military men who have received rations by
a special grant of imperial favor, assigned by Our annotation in return for houses that have been constructed. Thus
Our largess may obtain its due reward, and public need
shall not be burdened with superfluous grants.
25
Given on the sixth day before the kalends of May at Constantinople in the year of the third consulship of Our Lord Theodosius Augustus and the consulship of Abundantius.-April 26, 393.
12. The same Augustuses to Aurelianus, Prefect of the

City.
If any municipal food rations have been specially granted
by the largess 20 of Constantine or Constantius of sainted
memory to householders in this City, and such rations have
passed by the right of succession to the own heirs2 6 of the
recipients or by title of sale to extraneous persons, said
persons shall be served with the customary issue of rations,
even if any such rations are protected by the name of the
scholarians. Therefore, Your Illustrious Magnificence must
also observe this general rule with respect to such persons.
But if any rations are being issued that were granted in
accordance with the judgment of Proculus2 7 without Our
knowledge, You must immediately recall and revoke such
issues.
Given on the twelfth day before the kalends of December at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-November 20, 393.
Emperors Arcadius and Honorius Augustuses to Africanus, Prefect of the City.

If Your Magnitude should learn that any persons do not
have houses in this City, you shall order that they shall be
deprived of the new food rations, 28 regardless of the title
by which such rations have been received, and such persons shall not be assisted by any municipal benefits. For
if any person should neglect to show his affection for the
13.
22
24
25
17 rations that were formerly found should perhaps be sold, M.
26
Is The ides, 6, 4, 2o; 14, 9, 2.
19 6, 7, 2; 6, 9,
27
20
21
Not extant.
II, 25,
1.
2.
14-17-13
28
venditionis arbitrio.
23 withdrawn, reclaimed, G.
Delete: even if . . . should exist, M.
the third day before the kalends of March, M.
proprii heredes-sui heredes, statutory heirs.

A well known figure of the time: cf. 14, 17, 9-10.
shall be deprived of that which they received from Us, M.
419 1
14-17-13
City by the proof of the construction of a house, it is not

right that he should thoroughly enjoy its advantages. But
if there should be any person who should solemnly pledge
that he will have a house, by no means shall he obtain his
measure2 9 of the public food rations, unless he should construct such a house within six months.
Posted on the third day before the kalends of August at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-July 30,
396.
14. The same Augustuses" 0 to Clearchus, Prefect of the

City.
The father of Our Clemency, a man of renowned memory, decided 2 0 that after the receipt of the customary tax
which is furnished to Our City of most august name, rations should be added from the new tax. Because it has
been learned that some persons, without a special grant of
Our liberality, are obtaining public food rations from the
aforesaid amount, Your Magnificence shall provide that
public food rations shall be issued to no person from this
amount, even if3e he has obtained a claim to them by Our
liberality or has secured a confirmation of Our triumphal
right hand with respect to the public food rations which
were assigned to him by the Illustrious office of Your
Magnificence.
Given on the eleventh day before the kalends of April at Constantinople in the year of the fifth consulship of Arcadius and
Honorius Augustuses.-March 22, 402.
15. The same Augustuses to Monaxius, Prefect of the

City.
We command that the regulation of Your Magnificence
shall remain fixed with regard to the measure of oil, 2 so
that eighteen scruples shall be retained from each sextarius" and distributed to the benefit of certain orders, in
accordance with your regulated arrangement,"3 and a sextarius of oil shall be reduced to twenty-one and one half
ounces. This measure is established as a fixed benefit" for
the guilds designated by your recommendation, and We
trust that it will not be tampered with by the fraud of any
person hereafter.
Given on the fifteenth day before the kalends of March in the
year of the consulship of Bassus and Philippus.-Februaryx6, 408.
TITLE
18:
ABLEBODIED
BEGGARS'
(DE
MENDICANTIBUS NON INVALIDIS)

gustuses to Severus, Prefect of the City.

If there should be any persons who adopt the profession
of mendicancy and who are induced to seek their livelihood at public expense, each of them shall be examined.
The soundness of body and the vigor of years of each one
of them shall be investigated. In the case of those who are
the advantage of public food rations, G.
s0 And Theodosius Augustus.
31 G. supplies nisi, unless, but this is unnecessary, Min. Sen., n. 25.
2 the measure of oil shall remain fixed in accordance with your
regulation, ms. V.
3 A measure of about one and one third English pints; it contained 22 ounces and six scruples at Constantinople before the issuance of this law. Since there were 24 scruples to the ounce, the
sextarius was thereby reduced to 21% ounces.
3 your regulation shall govern it, M.
5 as fixed, for the benefit of the guilds, M.
lazy and not to be pitied on account of any physical disability, the necessity shall be placed upon them that the
zealous and diligent informer shall obtain the ownership
of those beggars who are held bound by their servile status,
and such informer shall be supported by the right to the
perpetual colonate4 of those beggars who are attended by
only the liberty of their birth rights, provided that the informer should betray and prove such sloth.' The masters of
the slaves shall be entitled to an unimpaired right of action
against those persons who perchance furnished either harborage to fugitives or the advice to adopt the profession
of mendicancy.
Given on the twelfth day before the kalends of July at Padua in
the year of the consulship of Antonius and Syagrius.-June 20, 382.
TITLE 19: THE PRICE OF OSTIAN BREAD

(DE PRETIO PANIS OSTIENSIS)
i. Emperors Arcadius and Honorius Augustuses to Theodorus, Praetorian Prefect.
It is Our will that Ostian and fiscal bread shall be sold
for one nummus. 2 Furthermore, We sanction that no person by the authority of a sacred imperial rescript shall
dare to increase the price, and if any person should offer
such a supplication to the Emperor, a fine of two pounds
of gold shall be inflicted upon him.
Given on the day before the ides of April at Milan in the year of
Eutychianus.-April 12, 398.
TITLE 20: THE PRICE OF FISH (DE PRETIO

PISCIS)
i. Emperors Honorius and Theodosius Augustuses to Anthemius, Praetorian Prefect.
The attendants in Our service who are held subject to
the care and responsibility of supplying fish protest that
more fish is exacted of them than they are able to purchase
with the money furnished them, since, indeed, a solidus is
supplied them for the purchase of thirty pounds of fish,
and with great difficulty and pains are they able to purchase
a far different amount.- Therefore, to the aforesaid attendants a solidus shall be furnished for the purchase of
twenty pounds of fish, of the first quality, of course. To be
sure, We command that the spatangius' shall be considered
a fish of the first quality, if it does not appear to exceed
ten pounds in weight.
Given on the seventeenth day before the kalends of May in the
year of the consulship of the Most Noble Lucius.-April 15, 413.
TITLE 21: TIBER BOATMEN'

TIBERINIS)
(DE NAUTIS
1.2 Emperors Valentinian and Valens Augustuses to Sym-

If any person is shown to have a boat on the Tiber, he
29
CJ I1,26.
120
36,6,1,n.3
Conscription of labor for farms.
5 such worthlessness, M.
- Ostian or fiscal bread was so called because it was made from

grain belonging to the fisc and delivered at the port of Ostia.
2 nummus, a coin worth about 8/ioo of a cent, as of ig5o, thus
making a nominal price for bread, of which the price was thus fixed.
1 A less amount. M. suggests: than they are able to buy for a
solidus.
2 A kind of eel.
1 CJ
II, 27.
Cf. io, 2o, n. I; Glossary, s.v. guilds.
[ 420]
2 CJ I1,
27, 1.
The Grain Supply of Alexandria

must assume the burden necessary for the State. Therefore, if any craft are found in the channel of the Tiber,
they shall be assigned to the statutory and customary services, so that neither the high rank nor privilege of any man
shall be vindicated from this duty.
-October 8, 364.
TITLE 22: PORTERS OF THE PORT OF ROME

(DE SACCARIIS' PORTUS ROMAE)
If private citizens should convey anything to the Port
of the Eternal City, Your Magnificence shall command
that all of it shall be transported by the porters' themselves,
or by those persons who desire to unite with that guild. In
accordance with the variations produced by different seasons, the merchandise shall be assessed with a well considered and just appraisal, so that if it should appear that any
private citizen had transported his imported wares through
his own helpers, a fifth part of said wares shall be vindicated to the profit of the fisc.
Given on the sixth day before the ides of June at Nish in the year
of the consulship of the sainted Jovian and of Varronianus.-June
8, 364.
TITLE 23: PATRONS OF THE STATE STOREHOUSES OF THE PORT (DE PATRONIS HORREORUM PORTUENSIUM)
We decree that patrons of the State storehouses of the
Port shall be in charge of the administration for only one
year. All surreptitious devices shall cease, and the accounts
of the old issue of public supplies shall never be inserted
in the account of the new supplies. No person shall fraudulently usurp for himself the administration of the State
storehouses of the Port beyond the statutory time limit,
unless the account of the previous year has been deducted'
beforehand and he should be chosen for another year, on
the ground that he is faithful and responsible.
Given on the sixth day before the kalends of April at Altinum in
the year of the consulship of Stilicho and Aurelianus.-March 27
(September 28), 400.
TITLE 24: OIL TABLES' (DE MENSIS OLEARIIS)

i. Emperor Constantine Aug'ustus to Cerealis, Prefect of
the Annona.
Oil tables' shall be sold through Your Office for twenty
folles each, if they have become caducous in such a way
that no person can claim their ownership. But if any person should purchase an oil table for said number of folles
and should sell it for a higher price, he shall be bound with
1 Saccarii, porters who carried their burdens in sacks (sacci).

Private persons were not allowed to employ other porters for
transporting their wares. Thus the guild of porters, a kind of labor
union, was granted a monopoly on labor of this kind.
1deducere, deduct, compute, render.

1mensae, tables, stands, stalls.
14-26-1
iron chains and sent to Illyricum, and he shall pay the appropriate penalty. Moreover, if any person while holding an
oil table in his ownership should complete the course of
his life, he shall be able to transmit such oil table by the
right of inheritance, along with his remaining property, to
his own successors.
Given on the kalends of March at Nicomedia: March i. Received
on the eighth day before the ides of April at Rome in the year of
the consulship of Januarinusand Justus.-April 6, 328.
TITLE 25: THE GRAIN SUPPLY OF CARTHAGE (DE FRUMENTO CARTHAGINIENSI)

Emperor Constantine Augustus to Catullinus, Proconsul
of Africa.1
If any person should sell2 property obligated to the perpetual duty of grain supply,3 he shall be free from any
suit,4 even though he may possess other property or may
purchase property that is free from the claims of the perpetual duty of the grain supply.3 For the purchasers of
property so obligated must be held liable according to the
amount of the property which they have acquired, even if
they obtained such property without any act of generosity.
But because very many ex-magistrates who are obligated
to the payment of the perpetual duty of the grain supply,
during their administration have either chosen others as
substitutes for themselves or have accepted bribes to appoint others in the place of those obligated, such selections
of substitutes shall be rescinded, and those originally obligated shall be held to the payment of the aforesaid perpetual duty of grain supply. For of the substitutes selected, only those must continue to be held obligated who are
proved to be financially responsible and who have not been
selected by bribed magistrates in the place of persons who
are not responsible.
i.
Given on the day before the ides of December at Sirmium in the

year of the fourth consulship of Constantine Augustus and of
Licinius.-December 12, 315; 318.
TITLE 26: THE GRAIN SUPPLY OF ALEXANDRIA' (DE FRUMENTO ALEXANDRINO)

With respect to the estimation 3 of the grain supply which
is conveyed to the City of Alexandria, We confirm whatever regulations Your Eminence has established with reference to the office of grain collector' and of the master of
weights,' and We also confirm those regulations on behalf
of the protection of the substance of the shipmasters.6 In
order that the decurions may be deprived of any opportunity for plunder, We command that they shall never be
admitted to undertake such a duty, but the designated
offices, after examination by your wise forethought, shall
perform the aforesaid task.
Given on the fifth day before the kalends of February at Con-
'Prefect of the City, ms. V. Cf. II, I, n. 38.

2 G. suggests: withdraw.
1aeneum frumentum. The meaning is uncertain. It may signify
food supplies issued at Carthage on presentation of bronze tickets.
4interpellatio, suit, application to a court, disturbance.
1 CJ II, 28.
Cf.
ii,
I, n. 38.
3 Of the quantity and quality, G.

s Zygostasium.
421
2 CQ 11,28, 1.
4 Crithologia.
6 Naucleri.
The Grain Supply of Alexandria
14*26*1
stantinople in the year of the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-January
28, 42.

We decree that one hundred ten measures" shall be added
daily to the food supply of the City of Alexandria, so that
no person may be deprived of that sustenance which he
has thus far received. The name of supplementary donations" shall be entirely abolished; bread tickets shall be
marked and made valid by the name of Our Piety.
2.7

TITLE 27: THE PRIMATES OF THE PLEBEIANS OF ALEXANDRIA' (DE ALEXANDRINAE PLEBIS PRIMATIBUS)
.2
Emperors Arcadius and Honorius Augustuses to Gen-
nadius, Augustal Prefect.
Their elders and stewards3 shall be chosen from the

number of artisans,' and your office shall enforce this
regulation with diligent vigilance.
Given on the nones of February at Constantinople: February 5.
Posted at Alexandria in the Eutycheum in the year of the fourth
consulship of Arcadius Augustus and the third consulship of
Honorius Augustus.-392.
2.5 Our Lords the Emperors Theodosius and Valentinian

Augustuses to Isidorus, Praetorian Prefect.
We free the members of the guilds of the City of Alexandria from the burden of continually cleansing the river,
and in accordance with the tenor of your regulation, We
decree that four hundred solidi shall be assigned in advance for that purpose from the two nummus 6 tax of the
aforesaid City, in such a way that it shall be repaid in all
cases from the income of ships. 7
3 archigerontes, dioecetae.
5 CJ
8 modius, about one English peck.
7 CJ 11, 28, 2.
9 perissochoregia.
'15,
7, 3; CJ II, 29.
I, 4, 5.
II, 29,
4 ergasiotani.
1.
6 dinummium; the nummus was worth about 8/ioo of a cent,

making the dinummus worth about .16 cents, USA, 1950.
7 titulus navium, the revenues derived from ships, possibly customs duties or harbor dues.
422 j
BOOK XV
*.*.l.........on
.fl
..
..............
TITLE 1: PUBLIC WORKS'

PUBLICIS)
...
......
N .*
(DE OPERIBUS
Emperor Constantine2 Augustus to Flavianus, Proconsul of Africa.3

No man shall suppose that municipalities may be deprived of their own ornaments, since indeed it was not considered right by the ancients that a municipality should
lose its embellishments, as though they should be transferred to the buildings of another city.
i.
Given on the fourth day before the nones of February at Milan.February 2. Received on the eighth day before the ides of July in
the year of the consulship of Constantine Augustus and the Caesar.
-July 8, 357.4
....
X...
....
*S
..
fsuna....a
.........
E.S........a
4. The same Augustus5 to His Very Dear Friend Felix,'

Greetings.
*
The whole space of one hundred feet adjacent to State
storehouses shall be kept vacant, and if anything should be
constructed therein, it shall be torn down, since it has been
shown by very recent experience that fiscal supplies have
suffered from the burning of buildings which are adjacent
to State storehouses. But if any person through love of
building should disregard public damage, We direct that
not only what he constructed, but all his property and whatever he had in his own right, shall be adjudged to the fisc.
Given on the eleventh day before the kalends of August at Sirmium in the year of the fourth consulship of Constantine Augustus
and the consulship of Constantius Caesar.-July22, 326; 320.
2. The same Augustus 5 to Menander. 6

On account of the remissness of the judges' who delay
the execution of the imperial orders, We have dispatched
various men to the different provinces to report to Our
knowledge the matters which they see have been promoted
by diligence and those that they blame on the ground that
they are ruined by sloth.
Judges, 7 moreover, who must restore public works, shall
be admonished to report to Our knowledge works that
have been completed rather than those that have been commenced, unless, perhaps, upon just ground, a petition must
be presented that provision should be made for the accounts of certain expenditures, if perchance the funds for
such expenditures should be lacking. Furthermore, the
judges must call on Our advice in connection with the most
important and largest works, not in connection with every
trivial work.
Given on the third day before the ides of April at Sirmium in the
-April I, 321.
Orient.
3. The same Augustus" to Secundus, Praetorian Prefect.

We direct that judges7 of the provinces shall be admonished that they must know that they shall not arrange for
any new work until they have completed those works
which were commenced by their predecessors, excepting
only the construction of temples.
of Constantius Caesar.-June29, 326; 362.8
1 Brev. 15, I; CJ 8, II; N Maj 4. It was a period of general decay.
Both public and private buildings were falling into ruins and many
smaller towns were being deserted. Builders, often without authorization, commonly employed the materials from ruined and deserted
structures for their own use. See Glossary, s.v. public works.
2 Constantius.
3 Prefect of the City, ms. V.

4 In the year of the ninth consulship of Constantius Augustus and
the second consulship of Julian Caesar, since Constantius spent the
winter of 356-357 at Milan and other constitutions were issued to
Flavianus as Proconsul of Africa in 358 and 361, G.
9 Constantine.
7 judices, usually means judges ordinary, governors of provinces,
though it may mean any high administrative officials.
8 Julian, I, 16, 5, n. 20.
Their Very Dear Friend, Catullinus, 1 Greetings.

Very many persons, by the concessions of judges,7 have
received exemption in connection with the construction of
public works. We therefore order that inquiry shall be
made as to all such persons, so that Our Clemency may
know their names, and also such private grants of exemption.
(And below.) 1 2 We now order, however, that if it
should be learned that exemptions have been elicited contrary to justice and to the detriment of the public, the recipients shall cease to have such exemptions as gain. 3
Hereafter access shall be denied to those persons who seek
similar privileges.
Given on the sixth day before the kalends of August at Sirmium

in the year of the consulship of Ursus and Polemius.-July 27, 338.
6.14 The same Augustuses to Marcellinus, Count of the

You shall know that the amounts that are proved to
have been expended on public works must be credited.15
Given on the fifth day before the nones of October at Constantinople in the year of the consulship of Limenius and Catullinus.October 3, 349.
7.16 The same Augustuses"7 to the Senate.
Since various judges7 deem it proper to have some buildings erected in certain cities, they shall not call on the
property of Senators for this compulsory service. It is
fitting that those Senators to whom such responsibility 8
9 Possibly the Governor (Praeses) of Corsica.
10 CJ 8, II, 1. Labor was systematically conscripted. See the
Glossary, s.v. compulsory public services.
x Vicar of Africa.
12 An addition of the editorial commission that compiled CTh.
-3Text probably corrupt. M. suggests: contrary to justice, the
recipients shall cease to use such exemptions to the detriment of
the State and to hold them as gain.
14 CJ 8, II, 2.
15 To the officials who have properly expended them, 15, I, 27-28.
16 CJ 12, I, 7.
17 Should be:
The same Augustus (Constantius)
and Julian
Caesar.
18 The defense of the Senate, I, 28. Or: the Senators
upon whom
the responsibility (for the above mentioned compulsory public
service) has been enjoined. M. suggests: those persons to whom
the interest (property) of Senators has been entrusted as their
responsibility.
C 423
Public
15-1-7
has been entrusted in the different provinces shall rely on
Our sanction and steadfastly resist such an attempt, so that
Senatorial property may not be harassed in consideration of
such matters.
8.19 The same Augustus 20 to Ecdicius, 21 Prefect of Egypt.

The official residences of judges7 and houses used for
judicial purposes ought to have been vindicated to public
ownership and use. But because the execution of Our
salutary order has been deferred, now at least it shall be
carried into effect. (Etc.)
Posted22 on the fourth day before the nones of December at
-December 2, 362.
same Augustus 2 0 to Ecdicius, 21 Prefect of Egypt.

(After other matters.) We learn that very many persons have erected houses for themselves above public workshops which are subject to the ownership of a municipality.
We therefore direct that those persons who built such
houses shall possess them with undisturbed right.
9.23 The
Posted22 on the fourth day before the nones of December at

-December 2, 362.
INTERPRETATION: If any persons living in a municipality
should perhaps construct houses for themselves in public
places, they shall possess them without disturbance.
The same Augustus to Rufinus.2 4

If any person of any order or high rank whatever should
obtain any public building in any manner by an obscure
interpretation, 2 5 he shall, without any question, be deprived
of the fruits of such benefit. For not only do We annul
anything of this kind that has been done, but We also provide for the future that nothing of the kind shall be attempted by any fraud.
10.
Given on the seventh day before the ides of December at

Aquileia26 in the year of the consulship of Mamertinus and Nevitta.
-December 7, 362; 363.
and Valens Augustuses to

11.27 Emperors Valentinian
Symmachus, Prefect of the City.
None of the judges7 shall construct any new building
within the Eternal City of Rome if the order therefor of
Our Serenity should be lacking. However, We grant permission to all to restore those buildings which are said to
have fallen into unsightly ruins.
Given on the eighth day before the kalends of June at Philippi28
in the year of the consulship of the sainted Jovian and of Varronianus.-May 25 (24), 364.
The same Augustuses to Symmachus.2 9

We have learned that fiscal storehouses in the City of
12.
19 CJ 8, II, 4.
20 Should be Julian, n. 8.
Julian, Epist. 6, 9, 50, 56. But cf. Prologi Athanas., according
to which Gregorius the Armenian was Prefect of Egypt in 362
and his successor was Olympus of Tarsus.
21
22 Given.
24Count of the Orient.
23 15,
I, 8; Brev. 15, I, I; CJ 8, II, 3-4.
Of the law: a loophole. G. suggests: by a surreptitious impetration. It is noteworthy that dilapidated public buildings, as well
as ownerless property, were often granted by the Emperors to their
friends on petition, 15, I, 40-41, and 43. Cf. io, 8 ff. and io, i, n. 2.
26 Antioch, unless some other error is involved.
27 CJ 8, H, 5.
28 Philippopolis, 8, 5, 19; 7, 4, 10.
25
Works
Rome and also in the Port have been converted to private
uses. You shall take care to restore"o such storehouses to
their former condition. Grain must not be stored in the
lower stories of such storehouses, for it is spoiled by the
nature of the place and the moisture. If any persons, to
the public detriment, have dared to appropriate the food
supplies that were anciently assigned to the storehouses,
you shall compel them to restore them, and you shall direct
that the substance of such supplies 3 ' shall go to the benefit
of the treasury32 of the people of Rome. Of course, you
shall compel those persons whom you find to be authors of
the destruction of buildings to make necessary restoration.
Given on the sixth day before the ides of June at Nish in the
33
13. The same Augustuses to Tautomedes, Duke of Ri-
parian Dacia.
On the border entrusted to Your Gravity, you shall,

during the time of your administration, annually construct
towers34 in suitable places, in addition to the towers which
must be repaired, if any, perchance, need repair. But if
you disregard the authority of this regulation, when your
administration has ended, you shall be recalled to the
border and be compelled to erect at your own expense the
structures which you should have erected during your administration by the aid of the soldiers and at public expense.
Given on the thirteenth day before the kalends of July at Milan in
-June 19, 364;35 365.

We forbid further progress of the presumptuous conduct of judges7 who, to the ruin of the obscure towns,
pretend that they are adorning the metropolitan or other
very splendid cities, and thus seek the material of statues,
marble works, or columns that they may transfer them. It
shall not be allowable to commit such deeds with impunity
after the issuance of Our law, especially since We have
ordered that no new structures shall be begun before the
old ones are restored. If, indeed, any work should be commenced, other municipalities must be spared.'
Given on the kalends of January at Milan in the year of the
consulship of Valentinian and Valens.-January 1, 365.
6
15. The same Augustuses to Dracontius.
By Our sanction a law has been promulgated, which, by
its edict and authority, restrains all judges7 and governors37
of provinces from hastily undertaking any new works before they repair those which have been overcome by old
age and have fallen apart. We believe that these regulations must be repeated now also.

Milan in the year of the consulship of Valentinian and Valens Augustuses.-February I6, 365.
30 Supplying statum restituere curabis, with M.
31
32
M. suggests: quorum, the substance of such men.

entheca.
3 Teutomeres, a Frank, Amm. Marcell. 15, 3, 10, for the year
354; Libanius, Epist. 1288.

3 three towers in suitable places, M.
35 Valentinian was not at Milan on that date.
36 Vicar of Africa.
37 rectores.
[ 424 7
Public VVorks
15*1*24

Your order shall entirely cut off all permission from
judges' to undertake any new work, thus neglecting the
repair of illustrious buildings. In this matter, full and gracious permission shall be granted to the judges7 to restore
to their former appearance and to their suitable and useful
service the ornaments of cities and their marble embellishments, if they are suffering the ravages of time in any
particular. But you shall not permit any person to inaugurate any new work, except the building of stables, which,
if the occasion arises, We do not forbid to be built for
public use.
without obtaining renovated stones from the public, without tearing away pieces of marble by the mutilation of
despoiled buildings.'
Given~s on the ides of March at Senigallia in the year of the

consulship of Valentinian and Valens Augustuses.-March 15, 365.
39
17. The same Augustuses to Valentinianus, Governor"o
of Picenum.
If Your Sincerity should suppose that anything should
be bestowed upon those cities which you govern, you can
more correctly restore 4 1 ancient structures than commence
any new ones. Of course, if any help must be asked for
the repair of any structure, it is proper that you ask for
such help in materials, not in money. If any localities need
any new stables or public storehouses, you shall 42 see to
their construction also, if you observe that the public advantages so require.
consulship of Valentinian and Valens Augustuses.-October 6,
365.43
If governors37 of provinces should see that any public
works should necessarily be commenced in any municipality,
they shall not hesitate to undertake such works immediately. If the government of that municipality does not have
available, out of its third of the tax payment,'4 4 as much as
the expense of the structure that they have undertaken requires, they shall have the right to take it out of the regular tax payment of other municipalities, of course, out of
a third therefrom.
Posted on the seventh day before the kalends of February at
Sirmium in the year of the third consulship of Gratian Augustus
and the consulship of Equitius.-January26, 374.
to the Senate.
(After other matters.) No one of the prefects of the
City or other judges7 whom power has placed in a high
position shall undertake any new structure in the renowned
City of Rome, but he shall direct his attention to improving
the old. If any person should wish to undertake any new
building in the City, he must complete it with his own
money and labor, without bringing together old buildings,45
without digging up the foundations of noble buildings,
Read in the Senate4 6 in the year of the fifth consulship of Valens

Augustus and the consulship of Valentinian Augustus.-January I
(August 13), 376.
20. Emperors Gratian, Valentinian, and Theodosius Au-
gustuses to Julianus, Prefect of Egypt.

If a judge' should be sent to a province, he shall restore to their former state of splendor two thirds of the
works which have crumbled through neglect or age,4 and
he shall construct as new a third thereof, if he wishes
to provide for his own fame and glory.
The same Augustuses to Eutropius, Praetorian Prefect.

All of the judges7 shall in the first place devote the attention of their administration to the protection of old
public buildings, and thereafter shall apply themselves to
new ones. They shall know that with the zealous haste
provided by law they must complete as if begun by themselves whatever work they find was commenced by their
predecessors.
21.

Adrianople in the year of the fifth consulship of Gratian Augustus
and the first consulship of Theodosius Augustus.-August8 17, 380.
22.41 The same Augustuses to their very dear friend
Proculus,"o Greetings.
Prescription of time or even imperial rescripts shall
not prejudice a public right. All structures, therefore,
which are known to have been erected" in the different
cities, either in the forum or in any other public place of
a municipality, shall be torn down.
Given on the third day before the ides of June at Constantinople
in the year of the second consulship of Merobaudes and the consulship of Saturninus.-JuneII, 383.
23.52 The same Augustuses to Cynegius, Praetorian Pre-
fect.
All men shall contribute their work and shall zealously
urge forward the restoration of the Port and the aqueduct,6" and no person shall be exempted from such common duty by any privileges of rank."o
Given on the fifteenth day before the kalends of February at Constantinople in the year of the consulship of Richomer and Clearchus.
-January 18, 384.
24."1 The same Augustuses to Cynegius, Praetorian Pre-
fect.
If the charge of public works has been enjoined upon
any man or if money has been decreed for construction in
the customary manner, he, together with his heirs, shall
46
88 Posted.
9 Valentinus: 9,
2, 2;
9, 30, 4.
Consularis.
41 it will be more suitable to restore, M.
42 Add: correctly, M. The stables and storehouses were for the
use of the State. Cf. 15, i, 16; 15, 1, 35; 15, 1, 37.
43 The year is determined by the other constitutions issued to
Valentinianus (Valentinus).
40
44
restore .
. or age, M.
The date is incorrect, since Theodosius left Thessalonica after

November 16, 380, and after passing through Adrianople arrived
in Constantinople on November 24.
4 CJ 8, II, 6.
50 Count of the Orient.
51
By private persons for their own use.
5
48
2CQ 8, 11, 7.
15, I, 32-33; 15, I, 26.
Reading monumentis with G. Or, reading emolumentis with

the ms.: supplies, funds, materials from old buildings.
45
On the ides of August, M., lo, Ig, 8.
47 he shall so construct two thirds of his buildings that he shall
53
The Theodosian Aqueduct at Constantinople, G.
4 CJ 8,
II,
8.
425 J
Publi c Works
15-1*24
be held liable for fifteen years after the completion of the

work. Thus, if any defect in construction should appear
within the statutory time, it shall be repaired from the
patrimony of such persons, except in cases of fortuitous
circumstances.
Given on the third day before the nones of February at Constantinople in the year of the first consulship of Arcadius Augustus
and the consulship of Bauto.-February3, 385.
25. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Proculus, Prefect of the City of Constantinople.
It is disgraceful that the ornaments of public splendor
should be ruined by the attachment thereto of private
buildings, and that those structures which have arisen for
the decoration of Our distinguished City, either in Our
time or in the time of a previous age, should be associated
with"" eagerness for acquiring money. Hence Your Sublime Eminence shall order to be removed whatever structure you find wrongfully erected through such fraudulent
cunning, if it produces a deterioration in the aspect of
public elegance, whether this rash lawlessness was committed by voluntary5 presumption or the violator expressly obtained the occasion for fraud, pursuant to an
extorted imperial annotation. We leave to your discretion
to decide what shall be spared and what shall be removed.
Given on the sixteenth day before the kalends of August at Rome
in the year of the consulship of Timasius and Promotus.-July 17,
389.
26. The same Augustuses to Polemius, Praetorian Prefect

Whenever the more renowned cities in the various provinces, by reason of the necessity of completing some public
work, request an amount of money greater than their own
expense money and income from imposts, 5 7 they shall
have the right to vindicate it from the funds of the lesser
cities," provided that it shall not be requested until the
whole amount which they customarily acquire out of their
own aforesaid sources of income is applied to the erection"
of the buildings. It is proper, moreover, that whenever
resort is had to this appropriation of funds from imposts,
Our Serenity shall be notified as to how much money was
taken from other sources, by whom it was expended, and
how far the work has been completed.
Milan in the year of the fourth consulship of Valentinian Augustus
and the consulship of Neoterius.-January16, 390.
27. The same Augustuses to Albinus, Prefect of the City
of Rome.
The old public works in the various parts of the August
City shall be restored rather than superfluous ones commenced. It is proper, therefore, that the office of Your
Magnitude and the other persons by whom the expenses
for such works are paid from the treasury should know
that if any person presumptuously through usurpation
should wish to erect without Our knowledge a public work
within the Eternal City at public expense, the amount shall
not be credited to his account. The whole sum, therefore,
which perchance should be furnished to him contrary to
s marred by, Reinesius.
56 Unauthorized by the Emperor. Cf. Min. Sen., n. 25.
s request for their expenditures an amount of money that is
greater than their income from imposts, M.
s instaurare, inaugurate, repair, undertake, build.
Our interdict must be repaid by him from his own money

and property, and in addition he shall be condemned to pay
ten pounds of gold as punishment for the sacrilegious
audacity of his contumacy.
of the fourth consulship of Valentinian Augustus and the consulship
of Neoterius.-April 4, 390.
28. The same Augustuses to Polemius, Praetorian Prefect

If any person, more audaciously than wisely, should
undertake to erect any new public works in any municipality, he shall know that he must furnish the expense from
his own property and that he must complete what he commenced. We shall not credit to paymasters any sum that
is so used. On the other hand, the office staff and the judge7
himself shall be obliged to pay ten pounds of gold each, so
that they will at least through fear, as they should have
done voluntarily, devote their efforts to the repair of the
older works.
of the fourth59 consulship of Valentinian Augustus and the consulship of the Most Noble Neoterius.-April 4, 390.
No judge7 shall undertake new public buildings while
any that have been commenced remain incomplete, or while
those which have been neglected are tottering.
Given on the third day before the kalends of March at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-February27, 393.
30.60 The same Augustuses to Aurelianus, Prefect of the
City.
If at any time permission to build should be granted by
Us, Your Sublimity shall know that the regulation must

be observed that no house shall be torn down for the purpose of beginning the construction of a public work, unless
the house is valued at less than 6' fifty pounds of silver. As
to buildings of .greater value, a report must first be made
to Our Wisdom, so that when a greater amount is requested, imperial authority may be granted.
and the consulship of Abundantius.-February27, 393.
If any of the judges7 should inscribe their own names,

rather than the name of Our Eternity, on any completed
public work, they shall be held guilty of high treason.
7
i. We also decree by a renewed sanction that no judge
shall be permitted to court a reputation for industry by
undertaking new constructions. But if any person placed
in an administrative position should attempt to lay the
foundation of any building without Our order, he shall
be compelled, even after becoming a private person, to complete at his own expense what he was not authorized to
commence. He shall not be permitted to depart from the
province until he has brought to completion what he began,
and if anything was paid in connection with this structure
from any public account by his order, he shall restore it.
Given on the third day before the nones of July at Constantinople in the year of the third consulship of Arcadius Augustus
and the second consulship of Honorius Augustus.-July 5, 394.
59
61
The third, ms. V.

usque ad, up to, less than.
60 CJ 8, II, 9.
62 CJ 8, II, IO.
[ 426 ]
Public Works
Eusebius, Count of the Sacred Imperial Largesses.
In order that the splendid cities and towns may not fall
into ruins through age, We assign a third part of the income from the farms belonging to a municipality4 4 to be
used for the repair of public works and the heating of
baths.
32.8
Given on the eleventh day before the kalends of July at Milan

395.
INTERPRETATION: Whenever it shall be necessary to repair buildings ruined by age, the fisc shall pay a third part
from its resources toward such repair.
33.14 The same Augustuses to their dear friend Vincentius,65 Greetings.

It is Our especial care that Our provincials shall not be
burdened by superindictions or that public works should
collapse through age and perish. The several municipal
senates, accordingly, must know that they shall not presume
to take for the repair of public works anything more than
a third part of the regular tax which is customarily paid
annually by places and farms of a municipality, just as was
allotted by the authority of Our sainted ancestor, Valentinian the Elder."8
year of the consulship of Olybrius and Probinus.-July 5, 395.
fect."'
All governors"7 of provinces shall be admonished by letter that they must know that the municipal senates and inhabitants of each city shall build new walls or make the
old walls stronger, and the expense thereof shall, of course,
be arranged in such a way that the tax assessment shall be
apportioned according to the ability of each man. An estimate shall be made of the cost of the future work, and in
accordance therewith the land of the citizens shall be assessed, so that no more or less than necessity requires shall
be demanded, 6 9 lest the urgent completion of such work
should be hindered. A definite sum must be assessed against
each taxable unit of land so that the burden of defraying
the expense may be imposed equally on all.
Given on the ninth day before the kalends of April in the year
of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-March 24, 396.
35. The same Augustuses to Caesarius, Praetorian Prefect. 68

We direct that if any palace, official residence of a judge,7
State storehouse, or stable and sheltering place for public
animals should fall into ruin, such structure shall be repaired out of the resources of the governors3 7 who have administered the judicial power from the time of the first
consulship of Our sainted father70 to the present time.
7
in the year of the fourth consulship of
Posted at Rhegiumn
Arcadius Augustus and the third consulship of Honorius Augustus.-396.
63
Brev. 15, 1, 2; CJ 8, II, II.
65
Praetorian Prefect of Gaul.
67
Q 8,
1, 12.
14, 35.
6( 15, I, 18 and 26.
68 Of the Orient.
645,
6 of anyone, M.
70 Theodosius I in 380.
71 An apparent error, since Rhegium was in the West and
Caesarius was Praetorian Prefect of the Orient. 3, 1, 5 is incorrectly compared.
15 1-40
36. The same Augustuses to Asterius, Count of the Orient.
Since you have signified that roads and bridges over
which journeys are regularly taken and that aqueducts as
well as walls ought to be aided by properly provided expenditures, We direct that all material which is said to be
thus destined from the demolition of temples shall be assigned to the aforesaid needs, whereby all such constructions may be brought to completion.
of Caesarius and Atticus.-November I, 397.
The same Augustuses to Theodorus, Praetorian Prefect.

No judge7 shall burst forth into such rash lawlessness
as to suppose that he should begin any new public work
without consulting Our Piety, or that he should dare to
tear from any structure any ornament of bronze or marble
or any other material, which can be proved to have been
in serviceable use or to constitute an ornamentation in any
municipality, or that he should dare to transfer such material to some other place without the order of Your Sublimity. If any person should violate this regulation, he shall
be punished by a fine of three pounds of gold. I. A like
penalty shall also be visited upon the senates of the municipalities if they should fail to protect the ornamentation
of their ancestral municipality, pursuant to the authority
of this decree. But the judges7 of the provinces shall have
the right, at their discretion, with the zeal of their praiseworthy devotion, to assume at once the construction of
State storehouses and of stables.4 2
37.72
Given on the kalends73 of January at Milan in the year of the

Eutychianus.-January i (December 21), 398.

Your Exalted Eminence shall direct to be torn down and
demolished all private buildings which you may learn have
been joined to the public storehouses, so that such storehouses will be disconnected from private buildings on four
sides and separated by a free space from such buildings,
just as they were constructed from the beginning.
Given on the fifth day before the nones of July at Constantinople74 in the year of the third consulship of Honorius Augustus
and the consulship of Eutychianus.-luly 3, 398.
39.'5 The same Augustuses to Severus, Prefect of the City.

If a building commonly called a lean-to76 or any other
structure should be so joined and attached to public or
private buildings that the neighborhood is in fear of fire
or ambuscades, or if the space or the width of the streets"
is narrowed or diminished by porticoes, We direct that such
structures shall be torn down and destroyed.
Given on the fifth day before the ides of October at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of Eutychianus.-October II, 398.
40.7' The same Augustuses to Eutychianus, Praetorian

Prefect.
If at any time any person should appear as a petitioner
for public works, only those shall be assigned to him that
72
CJ
8, II, 13; n. i.
On the third day before the kalends, CJ.
74 Arcadius was on a journey in Bithynia
at this time.
7sCJ
8, Ii, 14.
76 parapetasia.
71
platea, street, square, plaza.
78 CJ 8. II, 15.
73
[ 427 1
Public
15-1-40
have been torn down and completely razed, and thus are of
no use to the municipality.'
Given on the ides of December in the year of the fourth consulship of Honorius Augustus and the consulship of Eutychianus.December 13, 398.

All public buildings and buildings that belong to any
temple, those that are situated within the walls of the city
or even those that are attached to the walls, provided that
such buildings appear not to be obligated to any tax assessments, shall be held and kept by decurions and members
of guilds, who shall not be unmindful of their own fortunes ;79 all petitions therefor shall be excluded. Thus the
decurions and guild members shall in no way be disturbed
by any person who has obtained any public place by a
sacred imperial annotation, or who, pursuant to the authority of a recorded rescript, has at his own expense built in
some vacant building site that was of no use or ornament
to the municipality. But if any dispute should arise concerning such places, it is Our will that the decurions or
guild members shall not presume to appropriate anything
on their own authority, but the dispute which has arisen
shall be decided by the governor3 7 of the province, or the
Sublime prefect shall be consulted if the difficulty of adjudication so demands. The members of the palatine office
staffs must abstain from such places, and they must not
by the favoritism of furnishing the execution of documents,s0 make available to anyone the opportunity for
stealthy seizure,", since, if a vacant place or building site
is requested at any time by any person, it is more prudent
that Our Rescripts should be sent to the judges ordinary.7
Thus if it should appear that the requested property is not
fit for the use or the adornment of the municipality, it
shall be delivered to the petitioner, with the attestation of
the records and without the collusion of any favoritism, at
the risk of the municipal senate and the provincial office
staff. We order that the payments,8 2 moreover, which are
thereafter exacted from the petitioners shall be imposed
reasonably, and they shall go to the benefit of repairs in
the municipality, except payments for past time, of course,
which already customarily are due to Our sacred imperial
and private treasury.83
Given on the fourth day before the nones of July at Milan in the
year of the consulship of Vincentius and Fravitus.-JIly 4, 401.
84
42. The same Augustuses to Eutychianus, Praetorian
Prefect.
We praise the citizens of the Municipality of Eudoxiopolis for their offering . . . their municipality, and We
give them the workshops.
." No person, therefore, shall
hereafter undertake to petition for the aforesaid workshops from Our Serenity, and in that manner disturb the
rights of citizens whose property We desire to see increased.'
7 Since they were obligated to perform public services at their
own expense.
80 instructio.
81
82
for any surreptitious action, M.

As rental or taxes on such property.
s sacrum privatumve aerarium.

84
for the offering of their devotion to Us, and We give them the
workshops which they say are in their municipality, M.
85
Works
Given on the day before the ides of July at Constantinople in the
year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-July 14, 404.

We give assent to those persons who petition for public
places, upon condition that they do not remove anything
useful, ornamental, or advantageous to the municipality.
Although We do not believe that any man exists who
would connive at any surreptitious undertaking of petitioners, as against the advantages and ornaments of his
own municipality, nevertheless, We direct that such rescripts shall be referred to Your Excellency. All judges7
must know that if any person hereafter should wish to
record a surreptitious rescript, they will give him access
only with a reproach upon their legal status and with a
penalty imposed on their office staffs, if they do not await
the authorization of Your Excellency in delivering public
places, provided that any such places were granted through
Our liberality.'
Given on the eighth day before the kalends of October at Ravenna
of Anthemius.-September 24, 405.
44.6 The same Augustuses to Aemilianus, Prefect of the
City.
If it should become necessary at any time to repair porticoes or any buildings which have become dilapidated
through age or chance happenings, it shall be permitted to
take down Our images or those of previous Emperors,
with due reverence, even without consulting Our Clemency, and they shall be restored to their proper places
after the building is repaired.
Given on the fifth day before the kalends of July at Constantinople in the year of the sixth consulship of Arcadius Augustus
and the consulship of Probus.-June 27, 406.
45.87
The same Augustuses to Aemilianus, Prefect of the
City.
All the board work which is affixed to the intercolum-
niation, as well as that which divides the upper porticoes,""

shall be removed,89 and the appearance of the City shall
be restored to its pristine beauty. The flights of stairs, too,

which lead to the upper porticoes shall be made more spacious, and stairs of stone shall be constructed in place of
wooden ones. For thus the dangers of fire will be absent,
and if adverse chance should so require, the people will
easily find an exit and an opportunity to save themselves
in fires, when the narrow spaces have been thus removed.
Constantinople in the year of the sixth consulship of Arcadius Augustus and the consulship of Probus.-October22 (27), 406.
46.90 The same Augustuses to Aemilianus, Prefect of the

City.
We order that private buildings adjoined to public buildings or superimposed thereon shall be destroyed and re-
moved. For the future We clearly sanction that if any

person should decide" to build close to public buildings, he
must know that he shall so build that he will leave a vacant
86 CJ 8, II,
16.
87
15, 1, 46.
Of the Circus at Constantinople; it had recently been damaged

by fire, and it is here ordered to be restored and made fireproof.
8 Supplying sublatis with M.
8
oo CJ 8,
1o,
9.
91 desire, M.
E 428 1
Public Works
space of fifteen feet between the public and the private
buildings. Thus the public buildings will be protected from
danger by such intervening space, and the private builder
need not fear any loss by the destruction of his building
at some future time, on the ground that it was built in
the wrong place.
Given on the eleventh day before the kalends of November"2

at Constantinople in the year of the sixth consulship of Arcadius
Augustus and the consulship of Probus.-October 22 (27), 406.

Monaxius, Prefect of the City.
If any place within the grounds of the imperial palace in
this City is improperly occupied by private buildings, all
buildings which are in such place shall be torn down as
soon as possible and the place restored to the palace, because the palace must not be crowded by the walls of private houses. For the imperial residence needs extensive
grounds that are separated from all others, so that within
the grounds there shall be a dwelling place only for those
persons who have been selected for the legitimate needs of
Our Majesty and the established government of the State.
All persons are hereafter forbidden to employ such usurpations.
Given on the ninth day before the kalends of March at Constantinople in the year of the eighth consulship of Honorius Augustus and the third consulship of Theodosius Augustus.-February 21, 409.
48. The same Augustuses to Bonosianus, Prefect of the

City.
It is Our will that under no pretense of any emergency
shall anything be taken from that fund which antiquity
assigned to separate constructions and ornamentations.
From the time of the next consulship, therefore, all increases of imposts due to the aforesaid city94 shall remain
undiminished.
Given on the fourth day before the kalends of December at
Ravenna in the year after the consulship of the Most Noble Varanes.
-November
28, 411.
49." The same Augustuses to Herculius, Praetorian Pre-
fect of Illyricum.
All persons, regardless of their privileges, shall be compelled to aid in the construction of walls and in the purchase and transportation of supplies, so that in these instances, at least, all shall be forced to perform these
compulsory services in proportion to their landholdings
and land tax units. Since the burden thus extends from the
highest to the lowest, there will be provided by the common
labor not a slight relief for bearing the burden, but a benefit
for the general welfare.9 6 Your Sublimity shall recognize
that Our Clemency has decreed these regulations for the
regions of Illyricum only.10
in the year of the ninth consulship of Our Lord Honorius Augustus and the fifth consulship of Our Lord Theodosius Augustus.
-April
92
9
9, 412; 407; 408.
December, ms. V; 15,

CJ 8, II, 17.
1, 45.
9 The reference is uncertain; a city of the suburbicarian district

is probably indicated.
95
II, 17, 4; CJ 10, 49, L
a relief for bearing a burden that is not slight but one that
will profit the general welfare, M.
96
15-1-53
50. The same Augustuses to Isidorus, Prefect of the City."
The work that has been undertaken shall be constructed,

and a portico with a line of columns shall extend in front
of the Baths of Honorius. The beauty thereof is so great
that private advantage may justifiably be slightly neglected.
In order that no man may deplore that any profit from his
property has been cut off, but on the contrary may rejoice both in the beauty of the City and also in an increase
of his own fortune, each man shall, as compensation for
that structure which he possessed, have permission to build
superstructures."" For in place of the private building
which has been transferred to public use, We order that
the right to occupy the ancient basilica shall succeed, so
that there may appear to exist some sort of contract and
exchange, since the owner who gave his own property to
the City shall have in exchange for it property of the
public. Thus all fear shall be removed, and he shall have
unrestrained power to hold it and to transfer it to whom
he wishes, with unshaken validity.
Given on the fourth day before the kalends of November at
Constantinople in the year of the ninth consulship of Honorius
Augustus and the fifth consulship of Theodosius Augustus.-October 29, 412.
51.' The same Augustuses to Anthemius, Praetorian Prefect.

We command that the towers of the New Wall, which
has been constructed for the fortification of this most
splendid City, 00 shall, after the completion of the work,
be assigned to the use of those persons through whose

lands this wall was duly erected by the zeal and foresight
of Your Magnitude, pursuant to the decision of Our
Serenity. This regulation and condition shall be observed
in perpetuity, so that said landholders and those persons to
whom the title to these lands may pass shall know that
each year they must provide for the repair of the towers
at their own expense, that they shall acquire the use of
these towers as a special favor from the public, and they

shall not doubt that the care of repair and the responsibility therefor belongs to them. Thus the splendor of the
work and the fortifications of the City shall be preserved,
as well as the use of such fortifications to the advantage
of private citizens.
Given on the day before the nones of April in the year of the
consulship of the Most Noble Lucius.-April 4, 413.
52.-0o
Emperor Theodosius Augustus to Severinus, Pre-
fect of the City.10 0
Because it is reported that very many houses, with their

shops, are in the porticoes of Zeuxippus, We order that the
income from the aforesaid places, in the amount fixed
therefor, shall be devoted without any exemption to furnishing lights and repairing the buildings and roofs for
these baths of this imperial City.
Given on the fifth day before the ides of January in the year of
the consulship of the Most Noble Victor.-January 9, 424.
53. The same Augustus and Valentinian Caesar to Constantius, Prefect of the City.
For the conferences of the aforesaid persons 0 2 you
9 Rome.
" 7, 8, 13; CJ 8, Ii,
101 CJ 8, II, 19.
9 build further, M.
100 Constantinople; 7, 8, 13, n. 39.
18.
102 Professors. This law and 14, 9, 3 appear to be parts

of the
same original constitution.
429
Publ ic
15-1-53
shall assign the assembly halls which appear to adjoin the
north portico and which are shown to be of such size and
with such ornamentation that they can suffice, because of
their admirable capacity and beauty, for the accommodation
of the public. But you shall order to be assigned for the
use of the old restaurants'o those assembly halls which
adjoin the east as well as the west side, and which are not
traversable because they have no open way of ingress
from any street and of egress thereto. Those assembly
halls that are thought to be somewhat too humble and too
small shall be joined to the space of the neighboring small
apartments on either side, so that nothing shall be lacking
for the attendants of the aforesaid places or for the people. Of course, if it should be proved that any persons
possess the aforesaid small apartments pursuant to an imperial bounty or by any other kind of gift or by legal purchase, Your Magnificence shall order the possessors to receive the legal price for the aforesaid property from the
public.
Given on the third day before the kalends of March at Constantinople in the year of the eleventh consulship of Our Lord
Theodosius Augustus and the first consulship of Valentinian
Caesar.-February27, 425.104
TITLE 2: AQUEDUCTS' (DE AQUAEDUCTU)

i.2 Emperor Constantine Augustus to Maximilianus, Consular Administrator of the Water Supply.
It is Our will that the landholders over whose lands
aqueducts3 pass shall be exempt from extraordinary burdens, so that by their work they may cleanse the aqueducts 4
when they are choked with dirt.' The aforesaid landholders shall not be held subject to any other burden of any
superindiction, lest they should be occupied in other matters and should not be present to clean the aqueducts. If
they should neglect this duty, they shall be punished by the
forfeiture of their landholdings; for the fisc will take
possession of the landed estate of any man by whose negligence aqueducts are damaged. Furthermore, the men
through whose landed estates the aqueducts pass must
know that they may have trees to the right and to the left
of the aqueducts at a distance of fifteen feet therefrom.
Your office staff shall enforce the regulation that if these
trees grow too luxuriantly at any time, they must be cut
out, so that their roots may not injure the structure of the
aqueduct. 6
of the consulship of Gallicanus and Symmachus.-May 18, 33o.

to Fortunatianus, Count of the Privy Purse.
The aqueduct which furnishes water for use at the
palace at Daphne is diminished by the greed of some persons who attach larger pipes than those granted by imperial bounty. By the general agreement, therefore, of all
parties concerned, the reservoirs shall be restored in three
places; the name of each user and the measure of water
to be observed shall be inscribed on tablets, and if it should
appear that any person appropriates to his use any water
beyond what is permitted, he shall be punished by the loss
104 14,
10 popinae.
9, 3.
Works
of a pound of gold for each obol7 of water. If any person
is known to have received the right to obtain a certain
measure of water in accordance with the tenor of a sacred
imperial rescript, no power shall be granted him of receiving it in any way, until, by going before the governor" he
can acquire the quantity granted him out of a specified
reservoir.
Given on the third day before the kalends of November at Antioch9 in the year of the consulship of Emperor Designate Valentinian and of Victor.-October 30, 369; 370.
3. Emperors Gratian, Valentinian, and Theodosius Augustuses to Clearchus, Prefect of the City.
If the greatest houses are furnished with very elegant
baths,1 0 We decree that they can have no more than two
inches of water," or if by reason of high rank, more than
this amount is required, by no means shall they possess
more than three inches each. We also decree that houses
of mediocre or inferior merit shall be content with an inch
and a half, provided that it appears that they have such
baths. We order that all other persons who maintain houses
of smaller dimensions shall enjoy the use of only one half
of an inch. No opportunity for any surreptitious undertaking shall be open to anyone. Unless the office staff that
obeys your orders should betray the unlawful users, they
shall be stricken by a penalty of six pounds of gold, and
the obtainer of a grant by deception shall forfeit the use
of what he was granted.
Given on the tenth day before the kalends of July at Constantinople in the year of the consulship of Antonius and Syagrius.June 22, 382.12
gustuses to Pancratius, Prefect of the City.

If any man in the future with the audacity of forbidden
madness should wish to injure the interests of this fair
City by diverting water from a public aqueduct to his own
farm, he shall know that said farm shall be designated by
the proscription of a fiscal title and shall be added to Our
privy purse.
Given on the eighth . . . at Constantinople in the year of the
consulship of Timasius and Promotus.-389;14 381-382.
5.15 The same Augustuses to Albinus, Prefect of the City

of Rome.
We order that if any persons have heretofore become
entitled to a water supply, or should now become so entitled, through a special grant of Our favor, they shall
take it from the reservoirs or from the conduits, and they
shall not disturb the course or the solidity of those pipes
that are called the matrices.
Given on the fifth day before the kalends of September at Rome
in the year of the consulship of Timasius and Promotus.-August
28, 389.
6.16 Emperors Arcadius and Honorius Augustuses to Africanus, Prefect of the City.
If any man should suppose that his supply of water may
7 Apparently a pipe of one obol in diameter.

8 rector.
9 10, 19, 5, n- 15.
10 if they supply elegant baths, M.

11 Pipes of two inches in diameter.
Clearchus was Prefect of the City 372-373.

43, 2.
14 Pancratius was not Prefect of the City in the year of the
consulship of Timasius and Promotus.
12
13 CJ II,
1 Brev. 15, 2;
CJ II, 43.
a formarum meatus.
r sordes, dirt, trash, filth.
2 CJ II, 43, 1.
C 430
aquarum ductus.
forma.
15
15, 2, 6; CJ 11, 43, 3.
1615, 2, 5; CJ 11, 43> 3.
Construction and Repair of Roads

be drawn from an aqueduct rather than from a reservoir,
he shall also forfeit that privilege which he had formerly
acquired by right of a special grant of imperial favor. He
shall be visited with the severest punishment, in accordance with his legal status, if contrary to the statutes of this
divine imperial response, he should be unwilling to restrain the reins of his greedy cupidity, and thus the measure of the conduit allotted to private persons may perform
its service.17
Posted on the fourth day before the kalends of June at Constantinople in the year of the consulship of Olybrius and Probinus.May
29,
395; 396.
7.18The same Augustuses to Asterius, Count of the Orient.
(After other matters.) We decree that ancient water

rights that are established by long ownership 19 shall remain the property of the several citizens and not be disturbed by any innovation. Thus each man shall obtain the
amount that he has received by ancient right and by custom lasting to the present day. The punishment shall remain which was provided for persons who wrongfully use
secret channels of water for the irrigation of their fields
or for the beautification of their gardens.
of Caesarius and Atticus.-November I, 397.20
[INTERPRETATION:]
This
law does not need any inter-
pretation.
No person shall presume to appropriate for private use

any water out of the aqueduct named Augusta, which has
been repaired at public expense in Campania, and to no
person hereafter shall the right be granted to divert water
therefrom. If, moreover, any person should dare to divert
the channel of water, he shall be compelled to pay five
pounds of gold to Our treasury. Also if anything for the
sake of such a fraud should be elicited by rescript or attempted by any trickery, it shall be held void.
Given on the fifth day before the kalends of January at Milan in
the year of the consulship of the Most Noble Theodorus.-December 28, 399.
9. The same Augustuses to Flavianus, Prefect of the City.
No person by a fraudulently elicited permission shall

think of claiming for himself the use of the Claudian
Aqueduct by breaking and perforating its sides. If any
person should contravene this regulation, he shall be immediately punished by the forfeiture of such buildings and
lands. 2' Besides, We constrain the office staff in whose
custody is the care of this work, by this punishment,
namely, that they shall be fined by the payment of as many
pounds of gold as the number of inches of water from
Our Claudian Aqueduct which are proved to have been
appropriated by their connivance.
Given on the sixth day before the ides of November at Milan in
the year of the consulship of Stilicho and Aurelianus.-November
8, 400.
17 in order that a greater measure of water than that allotted to

private persons may serve him, M.
18 15, 2, r; Brev. 15, 2, I; CJ 1I, 43, 4.
19 dominium, ownership, possession, dominium.
20 15, 1, 36.
21
For which he illegally uses water.
15,3*4
TITLE 3: THE CONSTRUCTION AND REPAIR'

OF ROADS (DE ITINERE MUNIENDO)
I.2 Emperor Constantine Augustus to Proculus, Proconsul of Africa.

Emphyteutic landholders who by a special grant of imperial favor of Our Clemency are not summoned to the
performance of extraordinary burdens must, like all the
other provincials, perform their compulsory service in the
construction and repair of the roads.' For on no account
shall they be disassociated from that which is for the
benefit of all in common.
Posted on the nones of May at Carthage in the year of the fifth
Caesar.-May 7, 319.
Emperor Julian Augustus to Avitianus, Vicar of Africa.

(After other matters.) Established authority3 left Us
the most just course of equity in connection with the construction and repair of roads. For separate persons must
apportion all of the places among themselves, so that they
shall provide for themselves either by their negligence or
their industry. Therefore, they must care for the places
assigned to them according to ancient custom. (Etc.)
2.
Given on the seventh day before the kalends of November in the

year of the fourth consulship of Julian Augustus and the consulship
of Sallustius.-October 26, 363;4 362.
No man shall be considered exempt from the construction and repair of roads. If the overseers of the landed
estates of any persons, in contemplation of their privileges, should perhaps refuse to perform the burden imposed, they shall be vindicated to Our household.
of the third consulship of Valentinian Augustus and the consulship
of Eutropius--February26, 387.

It was, indeed, formerly established' that the patrimonies of Illustrious dignitaries should be considered exempt from the construction and repair of roads. But on
account of the immense ruin of the highways, it is Our
will that all persons, with helpful devotion, shall eagerly
desire to hasten to the repair of the public roads. No rank
or . . . of private privileges, however eagerly sought . . .
for the undertaking of such repair.7 We also add that an
equal condition and responsibility shall bind the household
property of Our Clemency, though such property is vindicated from the performance of this burden by ancient
and innumerable privileges; provided, however, that in all
other respects, the special privileges granted to Illustrious
persons or to Our patrimony by preceding edicts shall
remain inviolate.
Given on the third day before the kalends of May at Milan in the
year of the consulship of the Most Noble Theodorus.-April 29, 399.
1munire, construct and repair. See the Glossary,
public services.
2 CJ I1, 65, 1.
8 antiquity, M.
4 II, 28, I; 8, 8, 8; 8, 5, 15, and notes.
5 Burg. Rom. 17, 1.
6 II, 16, 18.
s.v. compulsory
7No rank or exemption of private privileges, however eagerly

sought, shall be considered as against the obligation for the undertaking of such repair, M.
C 431
15.3-5
Construction and Repair of Roads
5.* Emperors Honorius and Theodc sius Augustuses to

All privileges elicited through p ersonal rescripts or
through imperial annotations are her eby invalidated, and
the landholders throughout Bithynia and the other provinces shall be compelled to undertak e the repair of the
public roads and all other such compu Isory public services,
in proportion to the number of land t ax and capitation tax
units which they are known to posse ss.
Given on the seventh day before the kalen ds of November at Constantinople in the year of the ninth consu iship of Honorius Augustus and the fifth consulship of Theodos us Augustus.-October
26,
priests, which must be required of them either in their

municipalities, or at any rate in those which antiquity has
chosen, shall not be under the control of the judges;' for
very often while the judges strive Ear popular applause at
the heavy expense of others, they order to be transferred
to another city those spectacles which skillful diligence prepared in the proper place. But the production of spectacles
shall be under the control of those persons at whose outlay
and expenses they must be furnished.
Given on the seventh day before the kalends of May at Trier in
372.
42.
Pratoran
piodtus
6.* The same Augustuses to Ascle piodotus,gustuses
Prefect.
Far be it from Us that We should denominateNo
pulsory public services of a menial n atureo the constrution of public roads and bridges and the w o r k on pavements dedicated by the titles of great I mperors.
onepaeno class of men, by merit of any high rank or veneration,
orveationroad
shall be exempt from the construction ank
and repair of roads
and bridges. We also gladly ascribe the property of the
divine imperial household and the v enerable churches to
such a laudable list. The judgesl 2 Of a11 the provinces shall
be notified of this law, so that they may know that what
antiquity decreed should be assigned to the public roads
must be furnished without the except ion of any person on
the grounds of either reverence or h igh rank.
Given on the fifteenth day before the ka lends of March at Conachot
aond
stantinople in the year of the consulshiplnof
ofon
Marinianus.-February25, 423.
Emperors Gratian, Valentinian, and Theodosius Auto Rufinus, Praetorian Prefect.

judge2 whatever shall take time to attend theatrical
plays, contests in the circus, or the chase of wild beasts,
were
except only on the anniversaries of the day when We
the
of
scepter
the
assumed
We
born or of the day when
celebration
the
at
appear
may
they
Empire. On those days
only before midday, but they shall refrain from returning
to the spectacle after their meal.
i. All judges, 2 moreover, as well as private persons, shall
know that no prize whatever of gold shall be given at the
spectacle; for the right to give such prizes is permitted
only to consuls, to whom because of the merits of their
lives We have entrusted the regulation of such donations.
2. Moreover, We issue the forewarning that no person
shall transgress Our law 4 which We formerly issued,
namely, that no one shall give a spectacle for the people
the Day of the Sun (Sunday) or disturb divine worship
by holding such celebrations.
2.
TITLE 4: THE IMPERIAL IM AGES' (DE IMAGINIBUS IMPERIALIBUS)
Given on the thirteenth day before the kalends of June at Heraclea in the year of the consulship of Emperor Designate Honorius
and the Most Noble Evodius.-May 20, 386; 392-395.5
1.2 Emperor Theodosius Augustus an d Valentinian Caesar

to Aetius, Praetorian Prefect.
If at any time, whether on festal daLys, as is usual, or on
ordinary days, statues or images of Us are erected, the
judge3 shall be present without emplo ying the vainglorious
heights of adoration, but so that he may show that his
presence has graced the day, the place, and Our memory.
Likewise if Our images are shown at plays or games, they
shall demonstrate that Our divinity and glory live only in
the hearts and the secret places of the minds of those who
attend. A worship in excess of huma n dignity shall be reserved for the Supernal Divinity.
3.6
Given on the third day before the nones of May in the year of
the eleventh consulship of Theodosius Aug ustus and the consulship
of Valentinian Caesar.-May 5, 425.
TITLE 5: SPECTACLES' (DE SPECTACULIS)

SPECTA
ULIS)
Gratian
Augustuses
i. Emperors Valentinian, Valens, and
The production of spectacles by magistrates and civil
8 CJ 10, 25, 2.
9 16, 8, 25; 7, 4, 35; CJ 1, 2, 7; II, 75, 4; Burg. Rom. 17, 1.
10 The construction and repair of public roads and bridges
had
formerly been considered among the menial public services, II,
Iv,
15 and 18. Cf. ii, I, 5; II, 5, 2; II, 16, 23.

11 high rank, veneration, or merit, M.
12 15, 1, n. 7.
1CJ 1, 24.
2 CJ 1, 24, 2.
Anthemius, 2Praetorian Prefect.

No judge shall attempt to take from one municipality
to another town, or from one province to another, any
chariot horses or citizen charioteers, lest, while such judges
intemperately court the popular plaudits, they may exhaust
the resources of the municipalities and interfere with the
festivities which must be held in all the towns. If any person should violate this order, he shall be held liable to the
punishment which overtakes the violators of the laws.
Given on the eighth day before the ides of August at Constantino ple in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-August 6, 409.
4. Emperor Theodosius Augustus to Isidorus, Prefect of

Illyricum.
The report of Your Sublimity shows that the property
of the municipal council of Delphi has often been exhausted by new kinds of losses. Therefore, by orders sent
to all the municipalities and judges 2 of Illyricum, you shall
make known to all that no person at all shall be compelled
to exhibit the usual spectacles to the people of the Eternal
City, but that every citizen shall fulfill the duties of his
accustomed devotion within his own municipality, accordjudices, 15, 1, n. 7.
3A spectacle in which hunters chased and slaughtered wild
2
beasts in the amphitheater for the amusement of the people, 15, II.
8 judex, 15, I, n. 7.
4 Not extant.
5Rufinus was Praetorian Prefect 392-395.

6 CJ II, 41, 5.
] CJ II, 41.
C 432 :
Men and Wome n of the Stage

ing as the resources of his patrimony permit. The threat
of the gravest punishment is proposed not only against
those persons who suppose that such performances of
services for the Eternal City must be demanded, but also
against governors ordinary 2 everywhere. 7
Given on the tenth day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Victor.April 22, 424.
5.8 The same Augustus and Valentinian Caesar to Asclepiodotus, Praetorian Prefect.
On the following occasions all amusements of the theaters and the circuses shall be denied throughout all cities
to the people thereof, and the minds of Christians and of
the faithful shall be wholly occupied in the worship of God:
namely, on the Lord's day, which is the first day of the
whole week, on the Natal Day and Epiphany of Christ, and
on the day of Easter and of Pentecost, as long as the vestments that imitate the light of the celestial font attest to the
new light of holy baptism;' at the time also when the commemoration of the Apostolic Passion, the teacher of all
Christianity, is duly celebrated by everyone. If any persons
even.now are enslaved by the madness of the Jewish impiety or the error and insanity of stupid paganism, they
must know that there is a time for prayer and a time for
pleasure.o No man shall suppose that in the case of spectacles in honor of Our Divine Majesty he is, as it were,
under some major compulsion by reason of the necessity
in his duty to the Emperor, and that he will incur for
himself the displeasure of Our Serenity unless he should
neglect the divine religion and should give attention to such
spectacles and if he should show less devotion to Us than
customary. Let no one doubt that then especially is devotion
paid to Our Clemency by humankind, when the reverence
of the whole earth is paid to the virtues and merits of the
omnipotent God.
Given on the kalends of Februaryat Constantinople in the year of
the eleventh consulship of Theodosius Augustus and the first" consulship of Valentinian Caesar.-February1, 425.
TITLE 6: THE MAJUMA 1 (DE MAJUMA)

It has pleased Our Clemency to restore to the provincials the enjoyment of the Majuma, provided, however,
that decency and modesty and chaste manners shall be preserved.
Given on the seventh day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus

(After other matters.) We permit the theatrical arts to
be practiced, lest, by excessive restriction thereof, sadness
7 Add:
if they should permit this to be done, M.
8, 19; CJ 3, 12, 6.
>Newly baptized persons wore white robes.
10 Ecclesiastes 3, 1-8.
11 An indication that Valentinian was Emperor Designate, Min.
Sen., n. 3.
82,
1 CJ II, 46. The Majuma was a spectacle about whose nature

and origin little is known. It seems to have been a water spectacle,
to have originated and to have been celebrated chiefly in the Orient.
See G.
2 CJ
I I,
46, I.
15*7*3
may be produced. But We forbid that foul and indecent

spectacle which under the name Majuma a shameless license claims for its own.
Given on the sixth day before the nones of October at Constantinople in the year of the consulship of the Most Noble Theodorus.
-October
2, 399.
TITLE 7: MEN AND WOMEN OF THE STAGE'

(DE SCAENICIS)
to Viventius, Prefect of the City.2
If men and women of the stage, in the final extremity of
life, under the compelling pecessity of imminent death,
should hasten to partake of the sacraments of the Most
High God and should perchance survive, they can not thereafter be recalled, by any summons, to the performance of
theatrical spectacles. Before all else, however, with diligent
sanction We command the exercise of due circumspection
and oversight, so that only those persons who are actually
in extreme danger shall make the demand for the sacraments for their souls' salvation, and they shall receive this
special favor only if the bishops3 approve. In order that this
regulation may be faithfully executed, such request for
the sacraments shall be immediately reported to the
judges,4 if they are present, or to the curators of the several cities, so that inspectors may be sent and careful inquiry may be made as to whether necessity demands that
such extreme help be granted as a favor.
Given on the third day before the ides of February at Trier in the
year of the second consulship of Gratian Augustus and the consulship of the Most Noble Probus.-FebruaryIn, 371; 367.5
The same Augustuses to Julianus, Proconsul of Africa.

Your Sincerity shall protect the daughters of men and
women of the stage from the fraud and despoliation of
disturbers, provided that they so conduct themselves that
they should be considered as worthy persons. For it is just
that only such daughters of men and women of the stage
should be recalled to the theater who appear to be living
and to have lived a vulgar life in their manner of living
and in their morals.
2.
Given on the eighth day before the ides of September at Mainz in

the year of the second consulship of Gratian Augustus and the consulship of Probus.-September 6, 371.
to Hesperius, Proconsul of Africa.
We do not begrudge, but rather We encourage the pleasing pursuits of a happy people, and so the spectacles of
athletic contests shall be restored . . . Moreover if the
primates wish to become popular by the production of such
pursuits and amusements of the people, We gladly grant
permission, in order that the pleasure may be complete since
it is furnished at the expense of those persons who are
willing.
Given on the sixth day before the ides of March at Trier in the
year of the fifth consulship of Valens Augustus and the consulship
of Valentinian Augustus.-March 10, 376.
1 CJ II, 41. See the Glossary, s.v. stage, persons of.
2 Perhaps Praetorian Prefect.
8 antistites.
4 judices, 15, I, n. 7.
5 Praetextatus succeeded Viventius as Prefect of the City in 367.
6
CJ
II, 41,
1.
The Emperors welcome the restoration of the pop-
ular spectacles, if the expenses are voluntarily borne by the primates, or chief decurions, of the municipalities.
E 433 1
Men and Women of the Stage
15*7.4
4.7 Emperors Gratian, Valentinian, and Theodosius Augustuses to Paulinus, Prefect of the City.
If a woman who is sprung from the lower class and
obligated to the compulsory performance of the spectacles
should seek to evade the compulsory duties of the stage,
she shall be assigned to theatrical services, provided that
contemplation of most holy religion and reverence of the
Christian law have not yet bound her to their faith. For
We forbid women to be dragged back, if a better mode of
living has released them from the bonds of their natural
condition. We also direct that such women shall remain
free from the ignoble bond" of any prejudice that is derived
from the stage, if they have obtained exemption from this
compulsory public service of an indecent character by a
special grant of imperial favor of Our Clemency.
Given on the eighth day before the kalends of May at Milan in
consulship of Theodosius Augustus.-April 24, 380.
5. The same Augustuses to Paulinus, Prefect of the City.

If any man, forgetful of his respectability, should abduct
a woman of the stage9 from the venerable City and should
transport her a long distance or should retain her in his
own house, so that she does not serve the public amusements, he shall be penalized by the payment of five pounds
of gold.
Given on the fifth day before the kalends of May at Milan in the
year of the fifth consulship of Gratian Augustus and the first consulship of Theodosius Augustus.-April 27 (24), 380.
6.10 The same Augustuses to Valerianus, Prefect of the

City.
If any horses for the customary contests are furnished
by the liberality of Our Clemency or by the liberality of
various magistrates of the Most August Order," Our
Serenity decrees that they shall be provided in great number, so that if any horses are assembled that are glorious
in the number of prizes or noble by reason of victories
celebrated on both sides," they shall rather serve the
spectacles for the populace of the City than be assigned
to any advantage and gain. If any man, therefore, should
think of diverting such public loss to his advantage and
private gain, from among the herd which either Our Serenity or the consuls ordinary or the praetors assign to such
amusements, he shall be condemned to a fine of a pound of
gold and thus be compelled to become obligated to Our
largesses.
Given on the eighth day before the kalends of May at Trier in the
year of the consulship of Eucherius and Syagrius.-April(?) 24
as charioteers, Your Illustrious Authority shall know that

no punishments shall be inflicted except"' their services at
the games in the Circus.
Given on the eighth day before the ides of May in the year of the
consulship of Eucherius and Syagrius.-May 8, 381.
8. The same Augustuses to Valerianus, Prefect of the

City.
If a woman of the stage should request a release1 5 in the
name of religion, this favor, indeed, shall not be denied her
on the presentation of her petition. But if she thereafter
is involved in indecent embraces and is detected to have
betrayed the religion which she sought, and if she carries
on the profession that she had officially abandoned and
remains a woman of the stage in spirit, she shall be dragged
back to the stage, and without hope of any absolution she
shall remain there, until, a ridiculous old woman, unsightly
through old age, she cannot, indeed, even then receive absolution, although she could not then be anything else than
chaste.
Given on the eighth day before the ides of May at Aquileia in the
year of the consulship of Syagrius and Eucherius.-May 8, 381.
9.16 The same Augustuses to Herasius, Proconsul of
Africa.
If any women sprung from such dregs should seek to
evade the compulsory duties of the stage, they shall be
assigned to theatrical services, provided, however, that
they have not yet been vindicated to the Christian faith
by reverence for holy religion and for the secrets of the
Christian law that shall endure forever. We direct that
those women also shall remain free from the ignoble bond"
of any prejudice derived from the stage, if they have obtained exemption from this compulsory public service of
an indecent character by a special grant of imperial favor
of Our Clemency.
Posted at Carthage on the fifth day before the kalends of September in the year of the consulship of Syagrius and Eucherius.August 28, 381.
No man shall be permitted to buy, teach,1 7 or sell a female harpist or to use her services for banquets or spectacles. Nor shall anyone be permitted to have for the purpose of his own delectation female slaves educated in the
study of musical art.'
Given on the eighth day before the kalends of July at Constantinople in the year of the first consulship of Arcadius Augustus and
the consulship of the Most Noble Bauto.-June 24, 385.
(February 22), 381.
7.18 The same Augustuses to Valerianus, Prefect of the
City.
Upon those men who perform compulsory public service
7, 9.
8 contubernium, a slave union, an unlawful marriage, used here
as a strongly descriptive rhetorical figure. It is equivalent to the
bonds of their natural condition, mentioned above, G. Apparently
the reference is to consecrated women, sanctimonials. Cf. 15, 7, 12, 1.
9 thymelica, a Greek word. The crime consists in the fact that
the populace are deprived of their accustomed pleasure.
71'5,
1o CJ
11
II,
41, 2.
The Senate. The magistrates of the Senate were the consuls
ordinary and the praetors who are mentioned below, in addition to

the prefect of the City who often presided.
There were four factions of
12 utrimque; by both factions?
partisans at the chariot races at this time. Cf. 15, 10, 1-2.
13 CJ II, 41, 3.
ii. Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.
No actresses of mimes shall wear gems, none shall wear
silk adorned with figures or gilded textiles. They must
know that they shall also abstain from those garments
which are called by the Greek name alethinocrustae (purple
dyed), in which garments there shines the redness of pure
purple mixed with another color. Of course, We do not
forbid them to wear checkered and varicolored silks and
gold without gems on their necks, arms, and girdles.
14 praeter, except, contrary to. G. conjectures propter, that
is,
on account of any accident in the games.
15 From her compulsory services as an actress. Cf. n. 8.
16 15, 7, 4.
17
hire, M.
18 Such women were needed for public amusement.
[ 434 7
Expenditures on Shows
Given on the eleventh day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-September 21, 393.
The-same Augustuses to Rufinus, Praetorian Prefect.

If a picture representing an actor of pantomimes in
humble costume or a charioteer with his dress in disorderly folds or a contemptible actor should be placed in
public porticoes or those places in municipalities where Our
images are usually consecrated, such picture shall be immediately torn down, nor shall it ever be permitted hereafter to observe2 0 the pictures of disreputable persons in a
reputable place. We do not forbid that such pictures may
be located at the entrances of the circus or in front of
the stage of a theater.
i. We also add to the foregoing provision that actresses
of mimes and other women who acquire gain by the
wantonness of their bodies shall not publicly wear the dress
of those virgins who are dedicated to God. Nor shall a
woman or boy who is known to belong to the Christian
religion be tainted by consorting with a man of the stage.21
12."9
Given on the third day before the kalends of July at Heraclea in

the year of the third consulship of Arcadius Augustus and the second consulship of Honorius Augustus.-June 29 (May 20), 394.
13. Emperors Honorius and Theodosius Augustuses to the

Most Noble Diogenianus, Tribune of Amusements.
We decree that actresses of mimes who have been freed
from their bonds by various 2 2 imperial annotations shall,
with the greatest insistence, be recalled to their compulsory
public services, so that the usual display cannot be absent
from public amusements and on festal days.
Given on the sixth day before the ides of February at Ravenna
in the year of the consulship of the Most Noble Constantius.-February 8, 413; 414. Received by the tribune of amusements on the
tenth day before the kalends of February at Carthage in the year
after the ninth consulship of Honorius Augustus and the fifth consulship of Theodosius Augustus.-January 23, 414; 4,5.23
TITLE 8: PROCURERS' (DE LENONIBUS)

Emperor Constantius 2 Augustus to Severus, Prefect of
the City.3
If any man should wish to subject to wantonness the
women who are known to have dedicated themselves to
the veneration of the holy Christian law and if he should
provide that such women should be sold to brothels and
compelled to perform the vile service of prostituted virtue,
no other person shall have the right to buy such women except either those who are known to be ecclesiastics or those
who are shown to be Christian men, upon the payment of
the proper price.
i.
Given on the fourth day before the nones of July at Hierapolis in

the year of the consulship of Placidus and Romulus.-July 4, 343.

If fathers or masters should be procurers and should
2.4
1 CJ I, 4, 4; II, 41, 4.
21 thymelicus.
20
The dates are confused, possibly reversed, since the constitution purports to have been received on January 23 but to have
been issued on February 8.
* Contradicted by the official list of prefects of the City.

4 CJ I, 4, 12; II, 41,
6.
impose upon their daughters or female slaves the necessity

of sinning, We do not allow such procurers to enjoy the
right of ownership or to rejoice in the license of so great
criminality. It is Our pleasure, therefore, that such procurers shall be deprived by Our indignation, and they shall
not be able to enjoy the right of control' over their daughters or slaves, or to acquire any gain from them in this
manner. But if the slaves and daughters so wish, as well
as the persons hired on account of poverty and condemned
to such a condition by their humble lot, they shall be permitted to implore the aid of bishops, judges, 6 and defenders,7 to be released from all the bonds of their miseries. If
the procurers should suppose that they may insist or if
they should compel the women to undergo the necessity of
sinning against their will, they shall not only forfeit all the
power which they had over them, but they shall also be
proscribed and delivered to the punishment of being assigned to exile in the public mines. Such a punishment is
less severe than that of a woman who is compelled, at the
command of a procurer, to tolerate the sordidness of a
coition which she does not wish.
Given on the eleventh day before the kalends of May in the year
of the consulship of Felix and Taurus.-April 21, 428.
TITLE 9: EXPENDITURES ON SHOWS' (DE

EXPENSIS LUDORUM)
Emperors Valentinian, Theodosius, and Arcadius Augustuses to the Senate.
No private person shall be permitted to distribute any
silk vestments as gifts at any exhibition of games. We also
confirm by this constitution that, with the exception of
consuls ordinary, no one else shall have the right to give
presents of gold or of ivory tablets. i. When public spectacles are celebrated, the present3 shall be a coin of silver
and the tablets shall be made of other materials than ivory.
Nor shall it be allowed to expend a greater silver coin than
that which is customarily formed when one pound of silver
is divided into sixty pieces of silver. If any person should
wish to give less, he is not only free to do so, but We also
permit this to be an honorable action.
1.2
Given on the eighth2 day before the kalends of August at Heraclea in the year of the consulship of Richomer and Clearchus.-July
25, 384.

Anthemius, Prefect of the City.
We admonish all judges' that they shall be present at
the festivities of shows, as is the custom, and elicit the
favor of the people by amusements, but their expenses
shall not exceed the moderate outlay of two solidi.5 They
shall not, through imprudent and insane craving for plaudits,6 destroy the resources of decurions, the fortunes of
citizens, the houses of the chief decurions, the riches of the
landholders, the strength of the municipality. Excepted
herefrorn are the supervisors of the games, the Syriarchs,
the superintendents of the games, the Asiarchs, and all
2.
adnotare, observe, see; exhibit.
22 divine, M.
23
CJ II, 41; NTh 18, i.
15-9*2
5 potestatis jus. They shall be deprived of this right.

6
judices, 15, I, n. 7.
1CJ II, 42. These expenses are primarily those for presents and
for2 prizes to the winners of the various contests.
CJ I, 16, 1.
8 sportula.
4 judices, 15, I, n. 7.
5 For any one gift or prize.
6 their imprudent and insane craving for plaudits shall not,
M.
E435 1
Expenditures on Shows
15-9-2
others whose names are dedicated by the votive ceremony

of the festivity.
wild beasts, and the dukes and their office staffs shall be
Given on the fifth day before the kalends of March at Constantinople in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-February 25, 409.
Given on the thirteenth day before the kalends of June in the year
of the consulship of the Most Noble Constantius and Constans.May 20, 414.
TITLE 10: CHARIOT HORSES

CURULIBUS)
2.1 The same Augustuses to Monaxius, Praetorian Prefect.

Through the lamentation of the office staff of the Governor4 of Euphrates, We learn that those persons who by
the ducal office staff are assigned to the task of transporting wild beasts5 remain, instead of seven or eight days,
three or four months in the City of Hieropolis, contrary
to the general rule of delegations, and in addition to the
expenses for such a long period they also demand cages,
which no custom permits to be furnished. We therefore
direct that if any beasts are sent by any duke of the border
to the imperial court, they shall not be retained longer than
seven days within any municipality. The dukes and their
office staffs shall know that if anything contrary hereto is
done, they must pay five pounds of gold each to the account
of the fisc.
(DE
EQUIS

We decree that provender from the fiscal storehouses
shall be furnished to the Palmatian and Hermogenian'
horses, when they have been weakened by their lot as contestants in the chariot races, either through the uncertainty
of the race or by their number of years or by some other
cause; but We do not deny to the directors of the factions2
the customary permission to sell horses of Spanish blood.8
i. Your Sincerity shall also direct that the regulation
shall be observed that the names of the Greek horses, which
have been sent from here,4 shall not be changed.'
Given on the kalends of January in the year of the second consulship of Gratian Augustus and the consulship of Probus.-January 1, 371.
The people of Campania shall by no means obtain any
horses6 to be used for amusements, unless they have contributed two thousand measures7 of beans through each of
the factions2 of the stables in the venerable City, according
to the necessary, ancient, and customary payment.
Given on the tenth day before the kalends of May at Aquileia in
the year of the consulship of Syagrius and Eucherius.-April22, 381.
TITLE 11: THE CHASE OF WILD BEASTS'

(DE VENATIONE FERARUM)
Maurianus, Count of the Household Troops and ViceMaster of the Soldiers.
We allow everyone the right to kill lions, and We permit no one at any time to fear malicious prosecution therefor, for the safety of Our provincials necessarily shall take
precedence over Our amusements; nor does that appear at
all to hinder Our amusements, since We have given license
only to kill wild beasts, not to hunt and sell them. License
shall therefore be granted everyone to kill the aforesaid
I So called because they originated in the stables of Palmatius
in Cappadocia and of Hermogenes in Pontus, G. As the finest of
the chariot horses, they were accorded the special privilege of
being maintained at public expense instead of being sold when they
were no longer able to run in the chariot races.
2 Of the Circus. There were four of these factions or guilds,
distinguished by their colors: the red, white, green, and blue. Each
faction had a chief or director who was called a factionarius.
3 Since they were considered inferior to the Hermogenian and
Palmatian horses.
4 From the Circus? From Greece to Rome? According to G., from
Gaul, where this constitution was issued.
5 The purpose of this prohibition was to prevent fraud by sellers
who might represent the Greek horses, which were considered inferior, as superior horses.
6 Apparently from Rome.
7 modius, a measure of about one English peck.
so notified.'
Given on the fifth day before the kalends of October at Constantinople in the year of the eleventh consulship of Our Lord Honorius Augustus and the second consulship of the Most Noble Constantius.-September 27, 417.
TITLE 12: GLADIATORS'

BUS)
1.2 Emperor Constantine Augustus to Maximus, Praetorian Prefect.3

Bloody spectacles displease Us amid public peace and
domestic tranquillity. Wherefore, since We wholly forbid
the existence of gladiators, You shall cause those persons
who, perchance, on account of some crime, customarily
sustained that condition and sentence, to serve rather in
the mines, so that they will assume the penalty for their
crimes without shedding their blood.
Posted at Beirut on the kalends of October in the year of the consulship of Paulinus and Julianus.-October1, 325.
2. Emperor Constantius Augustus and Julian Caesar to

Orfitus, Prefect of the City.
All exhibitors of gladiatorial shows in the City of Rome

shall know that it is forbidden to solicit soldiers or those
endowed with any palatine rank to hire themselves out as

gladiators. If any person should attempt to violate this
regulation, he shall be subject to the threat of a fine of
six pounds of gold. If any such soldiers should voluntarily approach a producer of gladiatorial games, the office
staff of Your Sublimity shall send them, loaded with iron
chains, to the masters of the horse and foot, or to those who
govern the palatine offices, so that, pursuant to the provision of this law, the dignity of the palace may be vindicated from the detestable gladiatorial name.
Given on the sixteenth day before the kalends of November in the
consulship of Julian Caesar.-October 17, 357.
3 the dukes and their office staffs shall not be sued (notified?)
but license shall be granted to everyone, M.
4 Praeses.
5 To be used in the spectacles in the amphitheaters of the cities.
'CJ
115,
5, n. 3; CJ II, 45.
2 CJ II, 45, 1.
(DE GLADIATORI-
II, 44.
* Vicar of the Orient, I, I, 12.
' CJ I1, 44, 1.
[436 1
Invalidation of Acts Effected under the Tyrants

People.
(After other matters.) If any persons from a gladiatorial school should appear to have passed over to the
service of Senators, 4 We decree that such persons shall be
sent to the remotest solitudes.
Given and posted at Rome in the year of the consulship of Caesarius and Atticus.-April 7(?), 397; June 6, 399.5
TITLE 13: THE USE OF SEATS (DE USU SELLARUM)

i. Emperors Arcadius and Honorius Augustuses to Claudius, Prefect of the City.
With the exception of plebeian men and women of the
stage and of those persons who furnish material for amusement to the people by the exhibition of their own personst
and also with the exception of tavern keepers, We grant
to all other persons the right to the use of seats and to sit'
and to convene in public.
Given on the eighth day before the kalends of January at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-December 25
(January 6), 396.
TITLE 14: THE INVALIDATION OF THOSE

ACTS THAT WERE EFFECTED UNDER THE
TYRANTS AND THE BARBARIANS' (DE IN-
FIRMANDIS HIS QUAE SUB TYRANNIS AUT

BARBARIS GESTA SUNT)
i. Emperor Constantine Augustus to Constantius, Praetorian Prefect.
All men shall know that the constitutions and laws of
the tyrant Licinius' are abolished and that the sanctions of
ancient law and of Our statutes must be observed.
Posted on the seventeenth day before the kalends of June in the
year of the third consulship of Crispus and Constantine Caesars.May (December) 16, 324.
The same Augustus to all the Provincials.

Though the acts of the tyrant' and his judges4 are invalidated, no person through chicanery shall wish to overturn what he himself has voluntarily done or what was
legally executed.
2.
Given on the day before the ides of February in the year of the
consulship of Paulinus and Julianus.-February12, 325.
3. The same Augustus to Antiochus, Prefect of the City

Guard.
We direct that if the tyrant' issued any rescripts contrary to law, they shall have no validity, but his lawful
rescripts shall not be impugned.
4 Powerful men thus created their own private armies.
5 14, 1o, 2, n.
4.
1 D 3, 2, 2, 5.
2 In the theaters
and at public spectacles.
1Brev. 15, 3. Any man was considered a tyrant if he unsuccessfully attempted to gain the throne.
2 Constantine and Licinius were good friends for many years, but
when Licinius was defeated in his effort to gain the supreme power,
he became a "tyrant."
3 7,
20, I;
Chron. Minor. i,
4 judices, 15, I, n. 7.
232.
15-14-8
consulship of Constantius Caesar.-July 8, 326;5 January 6, 313.
4. The same Augustus to the Senate.
With reference to those persons who were degraded by

the tyrant' from the status of Senator and assigned to the
compulsory public service of shipmasters and who pray to
be restored to their birthrights, it is Our pleasure to delegate the judgment and the examination to Your Sanctity,
so that you may choose those persons as colleagues who
harmonize with your splendor in the resources of their
patrimonies, in the integrity of their lives, and in the dignity of their birthrights. For it is unbecoming that the
arbitrament of such dignity should be entrusted to someone else rather than to your support and decision. However, the prefect of the City shall inform Us of the names
of those persons whom you choose as worthy, so that We
may approve your judgment.
Given on the ides of July in the year of the seventh consulship of
Constantine Augustus and the consulship of Constantius Caesar.July 15, 326;5 January 13, 3136
5. Emperor Constantius Augustus and Constans Caesar
to all the Provincials and the People.
We order that all the regulations established by the
tyrant' and his judges4 contrary to law' shall be invalidated. Possession shall be restored to those persons who
were evicted, so that any person who wishes may litigate
as from the beginning. But emancipations, manumissions,
pacts, and compromises made under the tyrant, must
remain valid.
Given on the third day before the nones of November at Milan in

the year of the fifth consulship of Constantius Augustus and the
consulship of Constans.6 -November 3, 352.
6. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Trifolius, Praetorian Prefect.

No man shall dare to vindicate to himself an honor which
was granted by the audacity of the tyrant,' but the person
guilty of such condemned presumption shall be restored to
his former status.
Given on the tenth day before the kalends of October at Aquileia
in the year of the second consulship of Theodosius Augustus and
the consulship of Cynegius.-September 22, 388.
7. The same Augustuses to Trifolius, Praetorian Prefect.

We condemn every decision which Maximus, the most
nefarious of tyrants, conceived in his crafty mind and supposed that he should promulgate, thus rendering injustice
instead of justice. Therefore, no man shall flatter himself
with any law or decision of the tyrant.
Given on the sixth day before the ides of October at Milan in the
year of the second consulship of Theodosius Augustus and the consulship of Cynegius.-October 10, 388.
8. The same Augustuses to Constantianus, Praetorian
Prefect of Gaul.
We order that if any men were promoted by the usurpation of the tyrant' and received the illicit name of any high
honor whatever, they shall produce and surrender such
imperial letters patent and epistles."o We also order that
5 2,
1o,
1-2; I, 2, I;
Seeck, ZSS
10,
p. 207; CIL I, p. 397. See
M.'s note.
6 Constantius Gallus.
7 Magnentius was still living at this time.
8 1, 2, 2.
9 Maximus.
C437 1
10 Rescripts.
Invalidation of Acts Effected under the Tyrants

15-14-8
any declaration of law or decision that could not have been
public recital of readers 5 to those persons who at that
rendered by persons who could not have the name of
time in the Orient administered the annual magistracies
judge4 shall be removed from all the bureaus of public
under Our ever victorious fasces. The very time of the
records. Thus the authority of such acts shall be invalityranny shall be considered as though it had not been, since
dated, and no person shall attempt to rely on those adjudiany prescription of silence omitted at that time cannot be
cations which by reason of their time and authorship are
brought, even in regard to those matters which We have
obliterated. Only those suits shall be excepted and remain
confirmed.
Given on the eleventh day before the kalends of May at Milan in
in their complete effectiveness which were terminated by
the year of the consulship of Olybrius and Probinus.-April21, 395.
agreements and pacts, provided that fraud and fear were
absent. Those legal acts are likewise excepted whereby a
1o. The same Augustuses to Eulogius, Count of the Privy
gift was transferred, freedom was conferred by emancipaPurse.
tion, or the reward of manumission was bestowed upon
Those persons who followed the orders of the tyrant
meritorious slaves, because in all such matters the intention
Maximus' and received farms under perpetual lease,1 7
is a sufficient law.
4
Given on the nineteenth day before the kalends of February at
Milan in the year of the consulship of the Most Noble Timasius and
Promotus.-January14, 389.
9. Emperors Arcadius and Honorius Augustuses to Andromachus, Prefect of the City.

Every emancipation made in the times of the tyrant"
shall remain valid; all grants of freedom by masters shall
remain valid; all gifts made and registered in any records
shall remain valid; every will of deceased persons shall
remain valid; every sale shall remain valid; the decisions
of private judges, chosen by the assent of the parties and
appointed under penalty of a mutual promise to abide by
the award, shall remain valid, since judgments once rendered must not be disturbed; pacts that were formally
made shall remain valid; written documents by which the
trustworthiness of transactions or the reason therefor or
debts are proved shall remain valid; declarations voluntarily made before any person shall remain valid; attestations filed for the institution of suits shall remain valid;
impetrations of special privileges that accrue to parents on
account of their common children shall remain valid; procuratorships entrusted during the untoward times shall
remain valid; the appointments of tutors and curators shall
retain their validity; a completed gift to a betrothed woman
shall remain valid; an action for fraud or one on account
of violence and intimidation, when once instituted, shall
remain effective during the statutory time limits;12 a grant
of the possession of the goods of an inheritance and
the expressed will to enter on an inheritance shall prevail,
and shall not lose the benefit of the interdict;13 the aid
sought for restoration to the original condition shall remain valid; vindications shall remain valid, and any such
action"'4 often requested shall be granted; letting and hiring shall retain inviolable effectiveness; the inauspicious
times shall not mutilate the benefits of an interdict; requested actions against inofficiosity and the petitioned rescission of immoderate gifts shall be preserved; completed benefits shall not waver; transactions terminated by
an oath shall remain valid; the obligation of a pledge or a
trust shall persist. Finally, every transaction shall stand
firm which was embodied in a private pact, unless either
circumvention entered therein or duress or intimidation is
shown. We order that the names of the calamitous consuls
only shall be abolished, but reverence shall be paid in the
Eugenius.
Or: shall remain effective to the lawful time, that is, till the
reestablishment of the lawfully recognized government.
'a The reference is uncertain; possibly the Edict of Hadrian, G.
11
12
14 An action for recovery, M.
not from the judges ordinary but from the fiscal representatives, shall be punished by the forfeiture of such
farms, which shall again be returned to the privy purse.

Given on the sixth day before the kalends of May at Milan in
the year of the consulship of Olybrius and Probinus.-April26, 395.
i i. The same Augustuses to Andromachus, Prefect of the
City.
It is right that We should follow the decision of the
regulation" of Our father, 9 and it is Our will, therefore,
that all men of every order about whom Our law was
silent, shall be eligible for pardon. We voluntarily confer
Our benefits also upon those persons who do not expect
them, and We sanction by this law that if any man was in
the imperial service in the time of the tyrant" or was given
any post of administration or filled any place of honorary
rank or if in a position of honor he governed in various
places or superintended the collection of taxes, he shall not
sustain the brand of infamy or be polluted by any title of
disgrace. We decree that such persons shall have only such
rank as they had prior to the time of the tyrant."
Given on the fifteenth day before the kalends of June at Milan in
the year of the consulship of Olybrius and Probinus.-May 18, 395.
The same Augustuses to Eusebius, Praetorian Prefect.

We blot out all the stain of infamy that, under the appearance of an honor, was branded upon those persons
who were infected by the plague of the tyrant."1 Therefore, without exception of place or order, We grant to all
men their previous status, so that all may enjoy the common right and occupy the status of their former rank, provided that none of them flatter themselves with any honors which they then obtained.
12.

the year of the consulship of Olybrius and Probinus.-June17 (May
18), 395.20

The name of Heraclianus 21 shall not be preserved in
15 Of imperial constitutions before official assemblies. Readers
were required to lower their voices respectfully when pronouncing
the names of Emperors and consuls. The hearers were privileged
to greet these names with acclamations; I, 16, 6-7; 9, 40, 17; 15,
14, 13; 6, 9, 2;
CJ
I, 40, 3.
16 Some editors believe that Maximus is a gloss and that

Eugenius is here referred to, but G. would retain the reading,
though Maximus had been killed eight years before.
17 Or: perpetual ownership. Or: farms subject to perpetual lease.
19 Theodosius the Great.
20 6, 4, 27, n. 89.
21 Count of Africa who attempted a revolt against the
Emperor
in this year (413) when he was a consul. Cf. 9, 40, 21.
[ 438 ]
Of What Articles the Use is Forbidden

private or public recollection, and We therefore decree
that all the acts that are said to have been done under him
shall be nullified. We also revoke for the better all grants
of freedom, since it is certain that the legal formalities of
the consulship were polluted by his criminality, and masters
shall know that they must repeat their action, expressing

their will, which they observe cannot be valid under his
sponsorship. We direct, however, that the benefit of the
changed condition of slaves must be fulfilled when the
change is once made, and We now order that the customary
rites of manumission shall be so repeated that no man under
such pretext shall begin to unwill that which he once willed.

Given on the third day before the nones of August at Ravenna in
the year after the ninth consulship of Honorius Augustus and the
fifth consulship of Theodosius Augustus.-August 3, 413.
14.22 The same Augustuses to Constantius, Count and

Patrician.
If during the disaster of barbarian devastation anything unworthy or odious has been done, either during
flight or during the concourse of the unfortunate people,
such deeds shall not be called to account by the cunning

prosecutions of litigants, to the odium of the laws that are
hereby appeased.2 3 Persons shall have impunity for all
crimes if they, perchance, were unable to escape, unless

they had been assisted by such crimes. For nothing is called
a crime if any person was impelled thereto by fear of death.
Therefore, it is fitting that all litigants shall recognize that

if they should learn that any of their property has been
taken as plunder, they shall recover whatever was taken,
provided that they have been able to prove that it still
22
28
Brev. 15, 3, I; N Val 33, I.

By this constitution.
15-15.1
remains and is a part of the property of those persons

whom they sue.
Given on the kalends of March at Ravenna in the year of the
seventh consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Palladius.-MarchI, 416.
INTERPRETATION: If any man, compelled by the terror
of the enemy, while he feared that he would meet his

death, perchance joined with the enemy in depredations, 24
he shall not on that account be prosecuted as a criminal for
what he unwillingly did to preserve his life. Of course, if
any booty that was taken remains in his possession and is
found to be residual, he shall be compelled to restore to
the owner, without any chicanery, only that property which
is clearly identified.
TITLE 15: OF WHAT ARTICLES THE USE IS
FORBIDDEN' (QUORUM USUS INTERDICTUS EST)
1.2 Emperors Valentinian and Valens Augustuses to Bulephorus, Governor' of Campania.
No person whatever, without Our knowledge and advice, shall be granted the right to employ any weapons
whatsoever.4
Given on the third day before the nones of October at Altinum in
-October 5, 364.
247,
1,
1.
' CJ II, 47.

2 CJ II, 47, 1; Nov. Val. 9.
3 Consularis.
4 The turbulence of the times
is demonstrated by this law which

was intended to prevent crimes of violence and seditious uprisings.
E439 1
BOOK XVI
................................................................................
TITLE 1: THE CATHOLIC FAITH' (DE FIDE
CATHOLICA)
i. Emperors Valentinian and Valens Augustuses to Sym-

If any judge2 or apparitor should appoint men of the
Christian religion as custodians of temples, he shall know
that neither his life nor his fortunes will be spared.
Milan in the year of the consulship of Valentinian and Valens Augustuses.-November 17, 365;3 364.
Emperors Gratian, Valentinian, and Theodosius Augustuses: An Edict to the People of the City of Constantinople.
It is Our will that all the peoples who are ruled by the
adminitration of Our Clemency shall practice that religion which the divine Peter the Apostle transmitted to
the Romans, as the religion which he introduced makes
clear even unto this day. It is evident that this is the religion that is followed by the Pontiff Damasus and by
Peter, Bishop of Alexandria, a man of apostolic sanctity;
that is, according to the apostolic discipline and the evangelic doctrine, we shall believe in the single Deity of the
Father, the Son, and the Holy Spirit, under the concept of
equal majesty and of the Holy Trinity.
i. We command that those persons who follow this rule'
shall embrace the name of Catholic Christians. The rest,
however, whom We adjudge demented and insane, shall
sustain the infamy of heretical dogmas, their meeting
places shall not receive the name of churches, and they
shall be smitten first by divine vengeance and secondly by
the retribution of Our own initiative, 6 which We shall
assume in accordance with the divine judgment.
2.4
Given on the third day before the kalends of March at Thessalonica in the year of the fifth consulship of Gratian Augustus and
3. The same Augustuses to Auxonius, Proconsul of Asia.

We command that all churches shall immediately be surrendered to those bishops who confess that the Father, the
Son, and the Holy Spirit are of one majesty and virtue, of
the same glory, and of one splendor; to those bishops who
produce no dissonance by unholy distinction, but who
affirm the concept of the Trinity by the assertion of three
Persons and the unity of the Divinity; to those bishops
who appear to have been associated in the communion of
Nectarius, Bishop of the Church of Constantinople, and
of Timotheus, Bishop of the City of Alexandria in Egypt;
to those bishops also who, in the regions of the Orient,
appear to be communicants with Pelagius, Bishop of Lao' CJ r, i. For technical terms, see the Glossary, and cf. 16, 5, n. 85.
2 Judex usually means the judge ordinary, the governor of a province but may mean any high administrative official.
a It is doubtful whether Symmachus was Prefect of the City on
this date, M. Valentinian was at Paris on this date, 8, i, 11;
3; IT, I, 13.
CJ I, I, I; Sozom., Hist. Eccl. 7, 4.

5 lex, rule, law, regulation, statute, faith.
6 Or: of Our own animosity (motus), which.
4
1o, 19,
dicea, and with Diodorus, Bishop of Tarsus; also, in the

Proconsular Province of Asia and in the Diocese of Asia,
with Amphilochius, Bishop of Iconium, and with Optimus,
Bishop of Antioch; in the Diocese of Pontus, with Helladius, Bishop of Caesarea, and with Otreius of Melitene,
and with Gregorius, Bishop of Nyssa; with Terennius,
Bishop of Scythia, and with Marmarius, Bishop of Martianopolis. Those bishops who are of the communion and
fellowship of such acceptable priests7 must be permitted
to obtain the Catholic churches. All, however, who dissent from the communion of the faith of those who have
been expressly mentioned in this special enumeration shall
be expelled from their churches as manifest heretics and
hereafter shall be altogether denied the right' and power
to obtain churches, in order that the priesthood' of the
true Nicene faith may remain pure, and after the clear
regulations of Our law, there shall be no opportunity for
malicious subtlety.
381.
gustuses to Eusignius, Praetorian Prefect.

We bestow the right of assembly upon those persons
who believe according to the doctrines which in the times
of Constantius of sainted memory were decreed as those
that would endure forever, when the priests7 had been
called together from all the Roman world and the faith
was set forth at the Council of Ariminum" by these very
persons who are now known to dissent, a faith which was
also confirmed by the Council of Constantinople.12 The
right of voluntary assembly shall also be open to those persons for whom We have so ordered. If those persons who
suppose that the right of assembly has been granted to
them alone should attempt to provoke any agitation against
the regulation of Our Tranquillity, they shall know that, as
authors of sedition and as disturbers of the peace of the
Church, they shall also pay the penalty of high treason
with their life and blood. Punishment shall no less await
those persons who may attempt to supplicate Us surreptitiously and secretly, contrary to this Our regulation.
Given on the tenth day before the kalends of February at Milan
of Evodius.-January 23, 386.
TITLE 2: BISHOPS, CHURCHES, AND CLERICS1 (DE EPISCOPIS, ECCLESIIS, ET CLERICIS)

Emperor Constantine Augustus.
We have learned that clerics of the Catholic Church are
1.2
7 sacerdotes.
8 pontificium.
10 16, 4, I.
11
359.
9 sacerdotia.
12 381.
1 Brev. 16, I; CJ 1, 2-3; Glossary, s.vv. decurions, compulsory

public services, and ef. 16, 5, n. 85.
2 G. thinks that this constitution was issued as a letter to Anullinus, Proconsul of Africa (Euseb. Hist. Eccl. 1o, 7), but M. rejects
this view.
E 44o I
16-7
Bishops, Churches, and Clerics

being so harassed by a faction of heretics that they are
being burdened by nominations" and by service as tax receivers, as public custom demands, contrary to the privileges granted them. It is Our pleasure, therefore, that if
Your Gravity should find any person thus harassed, another person shall be chosen as a substitute for him and
that henceforward men of the aforesaid religion shall be
protected from such outrages.
Given on the day before the kalends of November in the year of
the third consulship of Constantine Augustus and of Licinius Caesar.-October 31, 33(?).4
The same Augustus to Octavianus, Governor 6 of Lucania and of Bruttium.

Those persons who devote the services of religion to
divine worship, that is, those who are called clerics, shall
be exempt from all compulsory public services whatever,
lest, through the sacrilegious malice of certain persons,7
they should be called away from divine services.
2.1
Given on the twelfth day before the kalends of November in the

year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar.-October21, 319; 313.
INTERPRETATION: This law by special ordinance
directs
that no person whatsoever by sacrilegious ordinance shall
presume to make tax collectors or tax gatherers8 of clerics.
The law commands that such clerics shall be free from
every compulsory public service, that is, from every duty
and servitude, and shall zealously serve the Church.
39 The same Augustus to Bassus, Praetorian Prefect. 0
A constitution" was issued which directs that thenceforth
no decurion or descendant of a decurion or even any person provided with adequate resources and suitable to undertake compulsory public services shall take refuge in the
name and the service of the clergy, but that in the place of
deceased clerics thereafter only those persons shall be
chosen as substitutes who have slender fortunes and who
are not held bound to such compulsory municipal services.
But We have learned that those persons also are being disturbed who became associated with the clergy before the
promulgation of the aforesaid law. We command, therefore, that the latter shall be freed from all annoyance, and
that the former, who in evasion of public duties have taken
refuge in the number of the clergy after the issuance of
the law, shall be completely separated from that body, shall
be restored to their orders and to the municipal councils,
and shall perform their municipal duties.'
Posted on the fifteenth day before the kalends of August in the
year of the sixth consulship of Constantine Augustus and the consulship of Constantius Caesar.12-7Jly 18, 320; 329.
4-13 The same Augustus to the People.

Every person shall have the liberty to leave at his death
For the performance of certain compulsory public services.
4 Either delete Caesar, with some of the inferior manuscripts, or
else read: in the year of the fifth consulship of Constantine Augustus and the consulship of Licinius Caesar (319), M.
5 Brev. 16, I, I.
6 Corrector.
7 Primarily pagans and heretics.
8allecti, r,
15, 6, n. 17.
16, 2: 6, 17; 12, 1: 99, 104, 115, 121, 123, 163, 173.
11 Not extant.
10 Prefect of the City, M.
9
12 Should either be Constantine Caesar and dated in 320 or else

should be dated in 326 and read: in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius
Caesar, 16, 2, 6.
13 CJ I, 2, 1.
any property that he wishes to the most holy and venerable

council of the Catholic Church. Wills shall not become
void. There is nothing which is more due to men than that
the expression of their last will, after which they can no
longer will anything, shall be free and the power of choice,
which does not return again, shall be unhampered.
Posted on the fifth day before the nones of July at Rome in the
year of the second consulship of Crispus and Constantine Caesars.July 3, 321.
4
5. The same Augustus to Helpidius.
Whereas We have learned that certain ecclesiastics and
others devoting their services to the Catholic sect have
been compelled by men of different religions to the performance of lustral sacrifices,14 We decree by this sanction
that, if any person should suppose that those who devote
their services to the most sacred law 15 may be forced to the
ritual of an alien superstition, he shall be beaten publicly
with clubs, provided that his legal status so permits. If,
however, the consideration of his honorable rank protects
him from such an outrage, he shall sustain the penalty of a
very heavy fine, which shall be vindicated to the municipalities.' 6
Given on the eighth day before the kalends of June at Sirmium in

the year of the consulship of Severus and Rufinus.-May (December) 25, 323.17

Exemption from compulsory public services shall not be
granted by popular consent, nor shall it be granted indiscriminately to all who petition under the pretext of being
clerics, nor shall great numbers be added to the clergy
rashly and beyond measure, but rather, when a cleric dies,
another shall be selected to replace the deceased, one who
has no kinship with a decurion family and who has not the
wealth of resources whereby he may very easily support
the compulsory public services. Thus, if there should be a
dispute about the name of any person between a municipality and the clergy, if equity claims him for public service and if he is adjudged suitable for membership in the
municipal council through either lineage or wealth, he shall
be removed from the clergy and shall be delivered to the
municipality. For the wealthy must assume secular obligations, and the poor must be supported by the wealth of
the churches.'
Posted on the kalends of June in the year of the seventh consulship of Constantine Augustus and the consulship of Constantius
Caesar.-June I, 326;
329.
9 of
7."s The same Augustus to Valentinus, Governor
Numidia.
Lectors of the divine scriptures, subdeacons, and the
other clerics who through the injustice of heretics have
been summoned to the municipal councils 20 shall be absolved, and in the future, according to the practice of the
Orient, they shall by no means be summoned to the municipal councils, but they shall possess fullest exemption.
14 Possibly: Acting Vicar of the Praetorian Prefect. The lustral
sacrifices were pagan.
15 16, 1, n. 5.
16 res publicae,
3, n. 12.
municipalities, commonwealths, public funds, 2, 18,
17 This date cannot be reconciled with what is known about the

war this year between Constantine and Licinius.
18 16, 2, 2; Euseb. Vita Constant.
i, 45-
19 Consularis.
20
For service as decurions.
E 441 ]
16*2*7
Given on the nones of February at Sofia (Serdica) in the year of

the consulship of Gallicanus and Symmachus.-February 5, 330.
8.21 Emperor Constantius Augustus to the Clergy, Greetings.

According to the sanction" which you are said to have
obtained previously, no person shall obligate you and your
slaves 22 to new tax payments, 23 but you shall enjoy exemption. 24 Furthermore, you shall not be required to receive quartered persons, and if any of you, for the sake of
a livelihood, should wish to conduct a business, they shall
possess tax exemption. 25
Given on the sixth day before the kalends of September in the
year of the consulship of Placidus and Romulus.-August 27, 343.
9. The same Augustus to Severianus, Proconsul of Achaea.

All clerics must be exempt from compulsory services
as decurions and from every annoyance of municipal duties.
Their sons, moreover, must continue in the Church, if they
are not held obligated to the municipal councils."'
consulship of Limenius and Catullinus.-April 11, 349.
10. Emperors Constantius and Constans Augustuses to all

the Bishops throughout the various provinces.
In order that organizations in the service of the
churches26 may be filled with a great multitude of people,
tax exemption" shall be granted to clerics and their acolytes,17 and they shall be protected from the exaction of
compulsory public services of a menial nature. They shall
by no means be subject to the tax payments2 8 of tradesmen,
since it is manifest that the profits which they collect from
stalls" and workshops will benefit the poor. We decree also
that their men who engage in trade shall be exempt from
all tax payments. 2 8 Likewise, the exaction of services for
the maintenance of the supplementary postwagons shall
cease. This indulgence We grant to their wives, children,
and servants, to males and females equally, for We command that they also shall continue exempt from tax assessments.
Given on the seventh day before the kalends of June at Constantinople in the year of the sixth consulship of Constantius and the
consulship of Constans.-May 26, 353;3o 320; 346.
ii. The same Augustuses to Longinianus, Prefect of

Egypt.
We formerly sanctioned," that bishops"2 and clerics of
the Catholic faith who possess nothing at all and are useless with respect to patrimony shall not be summoned to
compulsory public services as decurions. But We learn
that they are being disturbed in their life of perfection,"
to no public advantage. Therefore,14 We direct that their
sons also who are not financially responsible and who are
21 Q
23
1, 3,
22
4,7, 1.
The superindictions and extraordinary taxes.
24 vacatio, vacation, temporary relief, exemption.

25
itugnitas.
27 juvenes, sons,
26 ecclesiarum coetus.
youths, disciples, acolytes. elder and young
clerics, M.
28
dispendia.
29
16, 2, 14.
Constantius was not at Constantinople 353-354. This constitution may belong to 320 and should read: in the year of the sixth
30
consulship of Constantine Augustus and the consulship of Con-
stantine Caesar.
antistites.
38 by the apparitors of the prefect, M.
3 Likewise, M.
316, 2, 9.
found to be below the legal age shall sustain no molestation.

of the seventh consulship of Constantius Augustus and the consulship of Constans Augustus.-February 26, 354; 342.35
12.36 The same Augustuses to their dear friend Severus,"
Greetings.
By a law of Our Clemency We prohibit bishops to be
accused in the courts,38 lest there should be an unrestrained
opportunity for fanatical spirits to accuse them, while the
accusers assume that they will obtain impunity by the kindness of the bishops. Therefore, if any person should lodge
any complaint, such complaint must unquestionably be examined before other bishops, in order that an opportune
and suitable hearing may be arranged for the investigation
of all concerned.
Given as a letter on the ninth day before the kalends of October.September 2. Received on the nones of October in the year of the
consulship of Arbitio and Lollianus.-October 7, 355.
INTERPRETATION: It is specifically prohibited that any
person should dare to accuse a bishop before secular judges,
but he shall not delay to submit to the hearing of bishops
whatever he supposes may be due him according to the
nature of the case, so that the assertions which he makes
against the bishop may be decided in a court of other
bishops.
13. The same Augustus and Julian Caesar to Leontius."

We command that the privileges granted to the Church
of the City of Rome and to its clerics shall be firmly
guarded.
Given on the fourth day before the ides of November at Milan in
second consulship of Julian Caesar.-November 10, 357; 356.
14.9 The same Augustus and Julian Caesar to Bishop

Felix.
Clerics shall be protected from every injustice of an undue suit40 and from every wrong of an unjust exaction,
and they shall not be summoned to compulsory public services of a menial nature.4 1 Moreover, when tradesmen are
summoned to some legally prescribed tax payment, all
clerics shall cease to be affected by such a disturbance; for
if they have accumulated anything by thrift, foresight, or
trading, but still in accordance with honesty, this must be
administered for the use of the poor and needy, and whatever they have been able to acquire and collect from their
workshops and stalls4 ' they shall regard as having been
collected for the profit of religion.
I. Moreover, with respect to their men who are employed
in trade, the statutes 42 of the sainted Emperor, that is, of
Our father, provided with manifold regulations that the
aforesaid clerics should abound in numerous privileges.
2. Therefore, with respect to the aforesaid clerics, the re35 Sebastianus Thrax was Prefect of Egypt in 354, Prologue of
Athanasius. Longinus is named for 341, 342, 343. Hence we should
probably read: in the year of the third consulship of Constantius

Augustus and the second consulship of Constans Augustus (342).
3 Brev. 16, I, 2.
38 judicia, the secular courts.
3 CJ I, 3, 2.
40 conventio, apparently to force them to assume their obligations
for the performance of compulsory public services.
41 16, 2, 10.
42
Apparently more than one constitution, not extant but men-
tioned 16, 2, 8.
E 442
16-2*20

quirement of extraordinary services and all molestation
shall cease. 3. Moreover, they and their resources and substance shall not be summoned to furnish supplementary
postwagons.
4. All clerics shall be assisted by the prerogative of this
nature, namely, that wives of clerics and also their children
and attendants, males and females equally, and their children, shall continue to be exempt forever from tax payments and free from such compulsory public services.
Given on the eighth day before the ides of December at MilanDecember 6. Read into the records on the fifth day before the
kalends of January in the year of the ninth consulship of Constantius Augustus and the second consulship of Julian Caesar.-December 28, 357; 356.48 Or: Read in court proceedings, acta, 2, 8, I, n. 4.
15." The same Augustus and Caesar to Taurus, Praetorian Prefect.

In the Synod of Ariminum, 4 6 when a discussion was
held concerning the privileges of churches and clerics, a
decree" was issued to this effect, namely, that the taxable
units of land that appear to belong to the Church should
be relieved of any compulsory public service and that all
annoyance should cease. Our sanction," formerly issued,
appears to have rejected this decree.
i. But clerics and those persons whom recent usage has
begun to call gravediggers4 7 must be granted exemption
from compulsory public services of a menial nature and
from the payment of taxes, if, by means of conducting
business on a very small scale, they should acquire meager
food and clothing f or themselves. The rest, however, whose
names were included on the register of tradesmen at the
time when the tax payments were officially made, shall assume the duties and tax payments of tradesmen, inasmuch
as they have later joined the company of clerics.
2. As for those clerics who possess landed estates, however, Your Sublime Authority shall decree not only that
by no means may they exempt other men's taxable units of
land from the payment of taxes, but also that the aforesaid clerics must be compelled to make fiscal payments for
the land which they themselves possess. For, indeed, We
command all clerics, in so far as they are landholders, to
assume the provincial payments of fiscal dues, especially
since at the court of Our Tranquillity, other bishops who
have come from sections of Italy and those also who have
come from Spain and Africa, have esteemed that this regulation is very just, and that aside from those taxable units
of land and the tax declaration which pertain to the Church,
all clerics must be required to sustain all compulsory public
services and to provide transportation.4
Given49 as a letter on the day before the kalends of July at Milan
in the year of the tenth consulship of Constantius Augustus and the
third consulship of Julian Caesar.-June30, 360; 359(f).
16. The same Augustuses5 o to the inhabitants of Antioch.

If in any city, town, village, hamlet, or municipality,
any person by a vow of the Christian faith-' should show to
all persons the merit of exceptional and extraordinary vir4
Constantius left Milan April 28, 357.

45 In
3, 3.
359.
44CJ I,
4 dispositio, embodying a petition to the Emperor.

4
copiatae; 13, I, I.
Of tax payments, a compulsory public service.

Given as a letter; received at Milan, since Constantine was not
at Milan on this date, G.
50 Constantius and Julian.
51 Christiana lex; 16, I, n. 5.
48
4
tue, he shall enjoy perpetual security.1 For it is Our will

that he shall rejoice and glory always in the faith,"5 since
We are aware that Our State is sustained more by religion than by official duties and physical toil and sweat.
Given on the sixteenth day before the kalends of March at Antioch in the year of the consulship of Taurus and Florentius.-February 14, 361.

inhabitants of Byzacium.
We forbid altogether that wealthy plebeians shall be received as clerics by the Church.
Given on the fourth day before54 the ides of September at Aquileia in the year of the consulship of the sainted Jovian and of Varronianus.-September io (12), 364.
18. The same Augustuses to Claudius, Proconsul of Africa.

The regulations" of the sainted Constantius which
clearly existed at the end of his life shall be valid, and
whatever was done or decreed when the minds of the
pagans were aroused" against the most holy law by any
depravity shall not acquire validity under any pretext.
Given on the thirteenth day before the kalends of March at Trier
-February 17, 370.57
If any person born of decurion stock should join the

clergy and should begin to be demanded back58 because of
the prejudice of his birth, he shall be protected by the specification of a definite time limit, namely, that if he has
spent ten years undisturbed in the association of the clergy,
he shall be considered exempt forever, together with his
patrimony. If, however, he should be recalled by the municipal council before the prescribed number of years has
passed, he shall become subject, along with his substance,
to the compulsory public services of the municipality. This
rule shall be observed, that those persons whose immunity
is established by the ten-year period shall not be harassed
by any superfluous claim.
Given on the sixteenth day before the kalends of November at
Hierapolis in the year of the consulship of Valentinian and Valens
Augustuses.-October 17, 37o.59
Emperors Valentinian, Valens, and Gratian Augustuses to Damasus, Bishop of the City of Rome.
Ecclesiastics, ex-ecclesiastics, and those men who wish
to be called by the name of Continents shall not visit the
homes of widows and female wards, but they shall be banished by the public courts, if hereafter the kinsmen, by
blood or marriage, of the aforesaid women should suppose
that such men ought to be reported to the authorities.
We decree, further, that the aforesaid clerics shall be
20..o
From the performance of compulsory public services.

it is Our will that the pious shall be increased in glory always
from their faith, M.
54 The day before, 5, 15, 16; io, lo, 9; II, 19, 3; 12, I, 59-60.
5 sententia apparently means the general policy of Constantius
as
manifested by his legislation toward the end of his life, as distinguished from some of his earlier legislation when his policy wavered; 16, 2, 16; 12, 1, 49.
"I By Julian, the Apostate, 361-363.
57 Claudius seems to have been proconsul
February 2, 369 (12, 12,
6) and to have held this magistracy during 370; February 17 (06,
52
5
2, 18), April 26 (13, I, 8), and December i (14, 3, 12).

5 By his municipal council.
1 9, 16, 8; II, 30, 35.
60 Nov. Marc. 5, I.
E 443
16-2*20
able to obtain nothing whatever, through any act of liberality or by a last will of those women to whom they have
attached themselves privately under the pretext of religion. Everything that may have been left by the aforesaid women to any one of the aforesaid ecclesiastics shall
be ineffective to such an extent that they shall not be able,
even through an interposed person, to obtain anything
either by gift or by testament. Furthermore, if by chance
after the admonition of Our law the aforesaid women
should suppose that anything ought to be bestowed on the
aforesaid men, either by gift or by last will, such property
shall be appropriated by the fisc. If, on the other hand, the
aforesaid men should receive anything through the will of
the aforesaid women, to whose succession or property they
are assisted either by the civil law or by benefit of the
edict, 6 1 they shall take it as near kinsmen.
Read in the churches at Rome on the third day before the kalends
of August in the year of the consulship of Valentinian Augustus
and the third consulship of Valens Augustus.-July 30, 370.
21. The same Augustuses to Ampelius, Prefect of the City.

Those persons who have continuously served the Church
shall be held exempt from service in the municipal councils, provided, however, that it shall be established that they
have devoted themselves to the cult of Our law62 before
the beginning of Our reign. All others who have joined the
ecclesiastics after this time shall be recalled. 6 3
Given on the sixteenth day before the kalends of June in the year
of the second consulship of Gratian Augustus and the consulship of
Probus.-May 17, 37'.
22. The same Augustuses to Paulinus, Governor" of New

Epirus.
The general rule of the foregoing decree65 shall be valid
and shall extend also to the persons of bishops and virgins
as well as to the other persons who are included in the
foregoing statute.
Given on the kalends of December at Trier in the year of the
consulship of Modestus and Arintheus.-December 1, 372.
Emperors Valens, Gratian, and Valentinian Augustuses to Artemius, Eurydicus, Appius, Gerasimus, and all
other Bishops.
Whatever is customary in the conduct of civil suits shall
likewise be observed in ecclesiastical litigation, so that if
there are any matters arising from certain dissensions and
slight offenses pertaining to religious observance, they
shall be heard in their own places and by the synods of
their own diocese, with the exception of those matters
which criminal action has established shall be heard by
ordinary and extraordinary judges or by the Illustrious
authorities.67
23.66
Given on the sixteenth day before the kalends of June at Trier in

the year of the fifth consulship of Valens Augustus and the first
consulship of Valentinian Augustus.-May 17, 376.
INTERPRETATION: As often as a contention arises among
clerics, out of any matter pertaining to religion, the rule

68
shall especially be observed that the diocesan priests shall
Of the praetor, established in the time of the Roman Republic.
I, i, n. 6; 12, I, 49; 16, I, n. 5.
64 Praeses.
6s To the municipal councils.
61
62 The clergy, G. But cf. 12,
66 Brev. 16, I, 3.
16, 2, 2o.
67 The highest officials were those with the rank of Illustrious,
65
Glossary.
68 presbyteri.
be convoked by the bishop, and the matters which have

come into contention shall be terminated by their decision.
However, if any criminal allegation is made, it shall be
brought to the notice of the judge" in the municipality"o in
which the action is brought," in order that whatever is
proved to have been committed criminally shall be punished by his sentence.
The same Augustuses to Cataphronius."
24.7
We direct that priests," deacons, subdeacons, exorcists,

lectors, doorkeepers, and likewise all persons who are of
the first rank in the Church shall be exempt from the compulsory public services that are incumbent on persons.
Given on the third day before the nones of March in the year of
the fourth consulship of Gratian Augustus and the consulship of
the Most Noble Merobaudes.-March 5, 377.
25.7 Emperors Gratian, Valentinian, and Theodosius Augustuses.

Those persons who through ignorance confuse or
through negligence violate and offend the sanctity of the
divine law 7 - commit sacrilege.
Given on the third day before the kalends of March at Thessalonica in the year of the fifth consulship of Gratian Augustus and
26. The same Augustuses to Tuscianus, Count of the

Orient.
We decree that all persons who appear to be guardians
of the churches or holy places and who devote themselves
to religious duties shall not incur the annoyance of any demands.76 For who would permit that those persons whom
he knows to be necessarily dedicated to the aforesaid services should be bound by being enrolled on the capitation
tax list ?77
Given on the day before the kalends of April at Constantinople in
the year of the consulship of Eucherius and Syagrius.-March 31,
381.

Augustuses to Tatianus, Praetorian Prefect.
7
According to the precept of the Apostle,"
no woman
shall be transferred to the society of deaconesses unless
she is sixty years of age and has the desired offspringo at
home. Then, after she has sought a curator for her children if their age should so require, she shall entrust her
goods to suitable persons, to be managed diligently and
conscientiously. She herself shall receive only the income
from her landed estates, which she shall have full power
to keep, to alienate, to give, to sell, or to bequeath, as long
as she lives or when she is departing to her fate, and her
will is unrestricted. She shall expend none of her jewels
and ornaments, none of her gold and silver and other embellishments of a sumptuous home, under the pretext of
religion." Rather, she shall transfer in writing all her prop6, i, n. 2.
70 The province?
Or: where the offense was committed. Cf. 13, 9, 1.
72 CJ I, 3, 6.
73 Possibly Vicar of Italy.
74
CJ 9, 29, 1.
76 divina lex, the law of God; the law of his Sacred Imperial
Majesty, the Emperor?
76 attemptatio, demands, claims for service, solicitation.
7 capite censi devincti.
7 CJ I, 3, 9; Nov. Marc. 5, I; Sozom., Hist. Eccl. 7, 16.
7 Paul, I Timothy, 5, 9.
80 votiva proles.
81 As if for religious purposes.
6
71
E 444

erty intact to her children or next of kin or to any other
persons whatsoever, according to the judgment of her own
free will. However, when she dies, she shall designate as
heirs no church, no cleric, or no pauper. For her will shall
necessarily lack all force if it should be composed by the
decedent contrary to the prohibition concerning the persons specifically mentioned above. Furthermore, if anything should be extorted from the decedent by the aforesaid persons, nothing shall be bestowed on clerics, to the
fraud of Our venerable sanction, by secret trust, through
cunning artifice or the disgraceful connivance of any person. Rather, they shall be deprived of all the goods which
they had coveted. Moreover, if anything is revealed to
have been transferred in writing through a letter, codicil,
gift, or testament, or finally, in any way whatsoever, to
those persons whom We have excluded by this sanction,
such deed of transfer shall not be cited in court. On the
contrary, according to the limitation prescribed by this
statute, that person shall succeed as heir through intestacy 8 2 who understands that he is entitled to the goods,
provided that he acknowledges that he is a child or proves
that he is a near kinsman; or finally, if either by chance or
by will83 he is found to be an heir, a legatee, or a beneficiary of a trust for all or for a portion of the goods, by an
open codicil ;84 he shall enjoy the gift of his fortune, the
reward of his knowledge, and, after the above-mentioned
persons have been disqualified and rejected, he shall assume the authority of an heir over the hereditary substance.
i. Women who cut off their hair, contrary to divine and
human laws, at the instigation and persuasion of some professed belief, shall be kept away from the doors of the
churches. It shall be unlawful for them to approach the
consecrated mysteries, nor shall they be granted, through
any supplications, the privilege of frequenting the altars
which must be venerated by all. Moreover, if a bishop
should permit a woman with shorn head to enter a church,
even the bishop himself shall be expelled from his position
and kept away, along with such comrades. 5 Not only if he
should recommend that this be done, but even if he should
learn that it is being accomplished86 by any persons, or
finally, that it has been done in any way whatsoever, he
shall understand that nothing will exonerate him. This
shall indisputably serve as a law for those who deserve
correction and as a customary practice for those who have
already received correction, so that the latter may have a
witness, and the former may begin to fear judgment.
Given on the eleventh day before the kalends of July at Milan in
consulship of the Most Noble Neoterius.-June 21, 390.
28.7 The same Augustuses to Tatianus, Praetorian Prefect.

A law"' was recently promulgated with reference to
deaconesses and widows to the effect that no cleric as a

despoiler of the infirm sex should appropriate slaves and
household goods as plunder,89 not even under the name of
82
either on intestacy or in accordance with a testament, M.
83judicium, judicial decision, will, testament.

84As
16-2-31
the Church, and that in the absence of kinsmen by marriage or by blood he should not conduct himself as an heir
of the living, under pretext of the Catholic discipline. Such
person shall observe"o that the aforesaid law has been repealed, to the extent that it shall be removed from all records if it has already been registered. All litigants shall
know that this law shall not be utilized to their advantage
and all judges 69 that it shall not be executed.
Given on the tenth day before the kalends of September at Verona
the consulship of Neoterius.-August 23, 390.

Hierius, Vicar of Africa.
We direct that whatever statutes were enacted by Our
Fathers at different times with respect to the sacrosanct
churches shall remain inviolate and unimpaired. None of
their privileges, therefore, shall be altered, and protection 9 '
shall be granted to all those persons who serve the churches,
for We desire that reverence shall be increased in Our
time rather than that any of the privileges which were
formerly granted should be altered.
29.
Given on the tenth day before the kalends of April at Milan in

the year of the consulship of Olybrius and Probinus.-March23, 395.
30.92 The same Augustuses to Theodorus, Praetorian Pre-
fect.
(After other matters.) We decree nothing new by the
present sanction; rather," We confirm those privileges
that appear to have been granted formerly. We prohibit,
therefore, under threat of punishment, that privileges
which were formerly obtained through reverence for religion shall be curtailed, so that those who serve the Church
may also enjoy fully those special benefits which the
Church enjoys.
Given on the day before the kalends of February at Milan in the
year of the consulship of Caesarius and Atticus.-January 31, 397.
31." The same Augustuses to Theodorus, Praetorian Prefect.

If any person should break forth into such sacrilege that
ie should invade Catholic churches and should inflict any
outrage on the priests" and ministers, or on the worship
itself and on the place of worship, whatever occurs shall
be brought to the notice of the authorities by letters of the
municipal senates, magistrates, and curators, and by official
reports of the apparitors who are called rural police, so that
the names of those who could be recognized may be revealed. Moreover, if the offense is said to have been perpetrated by a multitude, some, if not all, can nevertheless
be recognized, and by their confession the names of their
accomplices may be disclosed. Thus the governor" of the
province shall know that the outrage to the priests" and
ministers of the Catholic Church, to the divine worship,
and to the place of worship itself must be punished with a
capital sentence against the aforesaid convicted or confessed criminals. The governor shall not wait until the
bishop shall demand the avenging of his own injury, since
the bishop's sanctity leaves nothing to him except the glory
contrasted with a clandestine document.
85 contubernia, either the women thus admitted or the colleagues
90
of the bishop who shared his policy.

86 exigere, demand, request, require, exact, execute, accomplish.
Or: if he should approve, M.
87 Nov. Marc. 5, 1.
88 16, 2, 27.
89 slaves, household goods, and landed estates, M.
91
Or: You shall observe.
protection of all their privileges, M.

16, 22.
9 We do not so much decree something new ...
4 CJ I, 3, lo; Sirm. 14.
> sacerdotes.
92 II,
96 Moderator.
E445 1
as We, M.
16-2-31
of forgiving. It shall be not only permissible but even

laudable for all persons to prosecute as a public crime the
atrocious outrages committed against priests" and ministers and to exact punishment from such criminals. But if
it should be impossible to bring to court a violent multitude
by the operation of civil apparitors and by the help of the
municipal senates and landholders, in case the multitude
protects itself by arms or by the difficulty of the places, the
African judges" shall prefix the contents of this law to
letters which they shall send to the Respectable Count of
Africa, and they shall demand the aid of the armed apparitors, in order that the perpetrators of such crimes may
not escape.
Given on the seventh day before the kalends of May at Milan in
consulship of Eutychianus.-April 25, 398; January Is, 409.97
32." The same Augustuses to Caesarius, Praetorian Pre-
fect.
If perchance the bishops should suppose that they are in
need of clerics, they will more properly ordain them from
the number of monks. They shall not incur disfavor by
holding those persons who are bound by public and private
accounts but shall have those already approved.
of the fourth consulship of Honorius Augustus and the consulship
of Eutychianus.-July 26, 398(?).9
33.100 The same Augustuses to Eutychianus, Praetorian
Prefect.
For the churches which have been established, as is customary, on the landholdings of various proprietors, or in
the villages also, or in any place whatsoever, clerics shall
not be ordained from any other landholding or village, but
from that one where it appears that the church is located,
so that such clerics shall assume the responsibility and
burden of their own capitation tax. Moreover, in proportion to the size and population of each village, a fixed
number of clerics shall be ordained for the churches, according to the judgment of the bishop.
Given on the sixth day before the kalends of August at Mnizum
34-101 The same Augustuses to Sapidianus, Vicar of
Africa.
If the privileges of the venerable Church should be violated by the rash lawlessness or disregarded by the pretended ignorance of any person, the offense shall be punished with a fine of five pounds of gold, as has been
previously established."' If anything, therefore, should be
surreptitiously impetrated against the churches or against
the clerics by heretics or by such men, contrary to the laws,
We annul such impetration by the authority of this sanction.
Given on the seventh day before the kalends of July at Brescia in
the year of the consulship of the Most Noble Theodorus.-June
25 (7), 399.
35.102 The same Augustuses to Hadrianus, Praetorian
Prefect.
If priests" sitting in council should depose any person
from the position and title of bishop, and if the person deposed should be apprehended in making any attempts either
against the public security or against the public peace, or
in seeking again the priesthood from which he appears to
have been expelled, he shall, according to the law.o. of
Gratian of sainted memory, spend his life a hundred miles
away from that city which he has corrupted. He shall be
separated from the assemblage of those persons from
whose association he has been expelled; and, according to
the tenor of this law, it shall be unlawful for such persons
to approach Our sacred imperial private chambers and to
impetrate rescripts. If any rescripts should be impetrated
for any persons who have been deposed through their own
fault from the priesthood, such rescripts shall remain of
no effect, and those persons on whose defense the aforesaid offenders depend shall know that they will not be
free from censure if they promise such patronage to those
persons who appear not to have deserved divine approval.' 0'
year of the second consulship of Stilicho.-February 4, 400; 405.105
[INTERPRETATION:] This law does not need any inter-
pretation.
36.106 The same Augustuses to Pompeianus, Proconsul of
Africa.
If any clerics of the Catholic religion employ the practice of buying and selling food within the limit prescribed
by law, they shall be held exempt from the payment of the
tax payable in gold.
We also direct that those persons shall be exempted from
the performance of compulsory public labor who are protected by the rank of cleric and by their very holy life, a
factor which is no less important. For We shall not allow
to be subject to outrage anyone of those persons who are
proved to have been legally exempted. (Etc.)
Given on the day before the ides of July at Milan in the year after
the consulship of the Most Noble Stilicho and Aurelianus.-July
14, 401.
3710o
The same Augustuses to Studius, Prefect of the
City.
Since, upon investigation, the persons who perpetrated
the arsont1o cannot be found, as the official report of Your
Excellency has revealed, We release the clerics from confinement in prison, provided that they shall be placed on
board ship and returned to their own lares. Moreover, the
houses which may be proved to have received foreign'0 9
bishops or foreign clerics after the publication of the edicts
and after the proclamations of Our Serenity shall not
escape the peril of proscription. The same general rule
shall be observed if any house should receive clerics of the
City who conduct strange and tumultuous conventicles outside the Church. Indeed, in order to guard against the beginning of sedition, it has been determined by Our decision
that all foreign 09 bishops and foreign clerics shall be expelled from this most sacred City.
1es The reference is uncertain.
104 divinum judicium may refer either to the judgment of bishops
or to that of the Emperor.
8, 24, n. 18.
106 16, 2, 8; 16, 2, 15.
16, 4, 4-6; CJ I, 3, 15; Socrates 6, 18; Sozom. 8, 20-22;
Zosimus 5, 23-24.
105 2,
07
97 16, 5, 47; 14, 3, 2o.
98 9, 4o, 16, 2.
99 The date disagrees with the date of the prefecture of Caesarius,

3, 12, 3, n. 8.
101 CJ I, 3, 13.
100 CJ I, 3, H.
102 Brev. 16, 1, 4; CJ I, 3, 14; Sirm. 2.
108 A riot had resulted in Constantinople from the preaching of

John Chrysostomus and a large part of the city had been burned by
a fire, apparently kindled by the rioters.
10 Not residents of Constantinople.

Given on the fourth day before the kalends of September at Constantinople in the year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-August 29 (September
II),
404.
38. Emperors Arcadius, Honorius, and Theodosius Augustuses to Porphyrius, Proconsul of Africa.
(After other matters.) By this regulation also We decree that the privileges which have been decreed by the
authority of the laws in favor of churches and clerics shall
remain sacred and inviolate. Further, We confer upon
them this special and particular privilege, that if any
rights pertaining only to the Church have been specially
impetrated from Us, not through tonsured persons"t0 but
by advocates,"' by their"'2 decision such rights shall be
made known to the judges69 and shall obtain their effect.
Priests" of the province,"-' however, shall be very careful
that, under this excuse of privilege, as it were, nothing
unsuitable may be inflicted upon them contrary to their
advantage.
Rome in the year of the seventh consulship of Honorius Augustus
and the second consulship of Theodosius Augustus.-November 15,
407.
Prefect for the second time.

If a bishop should judge any cleric unworthy of his
office and should separate him from the ministry of the
Church, or if any cleric should voluntarily abandon his
professed service of the sacred religion, he shall be immediately vindicated to the municipal council, so that he
may no longer have free opportunity to return to the
Church. According to the legal status of the man and the
amount of his patrimony, he shall be joined either to his
own municipal senate or to a guild of the municipality,"15
with the provision that he shall be obligated to the performance of the compulsory public services for which he
is suitable, and thus there shall be no opportunity for collusion. For each such person, therefore, two pounds of
gold shall be exacted from the ten chief decurions and
paid to Our treasury, if these decurions should be guilty
of unlawful connivance and foul collusion with any persons; and to the aforesaid most wicked men the avenue to
all offices of the imperial service shall be barred.
Given on the fifth day before the kalends of December at Ravenna
27, 408.136
INTERPRETATION: If a bishop should prove that any

cleric is a person of evil life and should expel him from
his position on account of the depravity of his character or
if any cleric himself of his own volition should forsake
the clerical profession, he shall immediately be joined by
110 coronati, tonsured persons, clerics; so called from the tonsure

or corona which appears to have been worn by all clerics at this
time.
111 Thus the legal affairs of the Church were entrusted to secular
advocates, who were trained professional lawyers.
112 Of the clerics ? Of the advocates ? G. thinks the latter.
us Africa, since this law was addressed to the proconsul of
Africa.
114 Brev. 16, I, 5; Sirm. 9. Emperors Honorius and Theodosius
Augustuses.
115 Members of the guilds were conscripted for labor and personal
services, while members of the municipal councils were held financially responsible for the tax collections of their municipalities,
and for various public expenditures, Glossary, s.vv. guilds, curials.
116 16, 5, 45.
16-2-41
the judge 9 to the decurions, so that, if he should be suitable by reason of his birth status and his property, he shall
be compelled to fulfill his duty among the decurions themselves. If, however, he is a person of the lowest class, it is
established by this law that he shall serve as a member of
the guilds,"' or he shall undertake that duty for which he
is suitable in the public service, so that such persons shall
by no means be excused by the decurions through any collusion whatever. If any collusion should occur, however,
the decurions shall know that they must pay to the fisc two
pounds of gold for each such person.
4o-11- Emperors Honorius and Theodosius Augustuses to
We have carefully considered the tenor of a reasonable
plan, and it is Our pleasure to prescribe by a strict regulation from what compulsory public services the churches of
the separate cities shall be specifically held exempt.
Indeed, first of all, the contumely of that well known
usurpation must be abolished, that is, the landed estates
consecrated to the uses of the heavenly mysteries shall not
be vexed by the burden of compulsory public services of a
menial nature. The injustice of constructing and repairing
roads shall not bind any unit of taxable land which enjoys
the lot of such privileges. No extraordinary burden or
superindiction shall be required of such units of taxable
land; no restoration of bridges, no responsibility for transportation shall arise; no gold and other such taxes shall be
required. Finally, nothing in addition to the regular tax
payment, which the sudden burden of extraordinary necessity may demand, shall be assessed upon the compulsory
public services that are required of such land units. If any
person should contravene this statute, he shall incur the
severity of due punishment which must be imposed by law
upon the sacrilegious, and he shall then be punished"" by
the exile of perpetual deportation.
Given on the eighth day before the kalends of June at Ravenna in
consulship of Theodosius Augustus.-May 25, 412; June 24, 411.
41.-19 The same Augustuses to Melitius, Praetorian Pre-
fect.
Clerics must not be accused except before bishops.
Therefore, if a bishop, a priest, 6 8 a deacon, or any person
1
of inferior rank who is a minister of the Christian faith'
should be accused by any person whatever before the
bishops, since he must not be accused elsewhere, that man,
whether of lofty honor or of any other dignity, who may
undertake such a laudable type1 2 0 of suit, shall know that
he must allege only what may be demonstrated by proofs
and supported by documents. If any man, therefore, should
lodge unprovable complaints about such persons, he shall
understand that by the authority of this sanction he will
be subject to the loss of his own reputation, and thus by
the loss of his honor and the forfeiture of his status he
shall learn that he will not be permitted, for the future at
least, to assail with impunity the respect due to another.
For, just as it is equitable that bishops, priests, 68 deacons,
and all other clerics should be removed from the venerable
Church as persons attainted if the allegations against them
117
CJ
119
Sirm.
120
I, 2,
5; Sirm. ii.
118 urere, to burn, brand.
15.
Such a suit, provided that it is laudable, as it is if it is well
founded, 16, 2, 39; Sirm. 2 and 9.
[ 447J
16-2-41
can be proved, so that they shall be despised thereafter and

bowed under the contempt of wretched humiliation and
shall not have an action for slander, so it must appear to be
an act of similar justice that We have ordered an appropriate punishment for assailed innocence. Bishops, therefore, must hear such cases only under the attestation of
many persons and in formal proceedings.
Given on the third day before the ides of December at Ravenna in
consulship of Theodosius Augustus.-December II, 412; 411.
42.121 The same Augustuses to Monaxius, Praetorian Pre-
fect.
Whereas, among other useless claims of the Alexandrian
delegation, 1 22 this request also was written in their decrees,
that the Most Reverend bishop should not allow certain
persons1 23 to depart from the City of Alexandria, and this
claim was inserted in the petition of the delegation because
of the terror of those who are called attendants of the
sick, 12 4 it is the pleasure of Our Clemency that clerics shall
have nothing to do with public affairs and with matters
pertaining to the municipal council.
i. We further direct that the number of those who are
called attendants of the sickl 24 shall not be more than five
hundred. Moreover, the wealthy and those who would purchase this office shall not be appointed, but the poor from
the guilds, 15 in proportion to the population of Alexandria, after their names have been submitted, of course, to
the Respectable Augustal Prefect and through him referred to Your Magnificence.
2. We do not grant to the aforesaid attendants of the
sick' 24 liberty to attend any public spectacle whatever or to
enter the meeting place of a municipal council or a courtroom, unless, perchance, they should appeal to a judge"
separately in connection with their own cases and interests,
when they sue someone in litigation or when they are
themselves sued by another, or when they are syndicsl2 5
appointed in a cause common to the entire group. The condition shall be observed that if anyone of them should
violate the foregoing provisions, he shall be removed from
the registers of the attendants of the sick and shall be subjected to due punishment, and he shall never return to the
same office.
3. Furthermore, We grant to the Respectable Augustal
Prefect the power to appoint successors to the deceased
attendants of the sick, under the condition that is designated above.
Given on the third day before the kalends of October at Constantinople in the year of the seventh consulship of Theodosius Augustus
and the consulship of Palladius.-September2g (October 5), 46.126
CJ I, 3, 17.
122 Embodied in their petition to the Emperor, as stated in the
decrees of their municipal council, 12, 12, n. 3.
123 M. suggests a lacuna; his emended text would read: should
121 12, 12;
not allow from the City of Alexandria any .
. not to depart. As
to the claim that was inserted in the petition of the delegation,

because of the terror of those who are called attendants of the sick,
it is the pleasure of Our Clemency.
124 parabalani. See Du Cange, s.v. parabolani. Because of the
nature of their work these clerics were possessed of a reckless disregard for personal danger. They were often religious fanatics
and espoused the cause of the poor and oppressed. Thus they were
potential sources of sedition, and the provisions of this law were
designed to restrain them, 9, 40, 16; 16, 3, I, n. 2.
125 Legal representatives, official advocates.
126 12, 12,
15.

We formerly directed"' that there should be five hundred attendants of the sick, 12 4 who are assigned to care for
the suffering bodies of the sick. But since We have learned
that this number is insufficient at present, We command
that six hundred instead of five hundred shall be established as the number. Thus, according to the judgment of
the Most Reverend Bishop32 of the City of Alexandria,
there shall be chosen for such responsibility six hundred
attendants of the sick from among those who had been attendants formerly and"' who are experienced in the practice of healing, excluding, of course, dignitaries 3 o and decurions. Moreover, if anyone of the aforesaid attendants
should be removed by the common lot of man, another shall
be chosen in his place, according to the will of the aforesaid priest," excluding dignitaries and decurions. Thus,
these six hundred men shall be subservient to the commands and regulations of the most reverend priest and shall
continue under his supervision. The rest of the provisions
included in the general rule of the law1 28 formerly issued
with respect to the aforesaid attendants of the sick and their
attendance at public spectacles and courts and all other
matters, shall be observed, as has already been decreed.
43.127
Given on the third day before the nones of February at Constantinople in the year of the twelfth consulship of Honorius Augustus
and the eighth consulship of Theodosius Augustus.-February 3,
48.
44.a13 The same Augustuses to Palladius, Praetorian Pre-
fect.
It is not seemly that a man who lives a commendable life
of stern discipline in this world should be tarnished by the
association 3 2 of a so-called "sister." If any person, therefore, relies upon any rank whatever in the priesthood, or is
distinguished by the honor of the clergy, he shall know that
consorting with extraneous women is forbidden to him.
This concession alone is granted to him, that he may have
within the bounds of his own home his mother, daughters,
and sisters german; for in connection with these, the
natural bond permits no perverse crime to be considered.

i. Chaste affection, moreover, demands that those women
who obtained lawful marriage before their husbands assumed the priesthood should not be deserted; for those
women who have made their husbands worthy of the priesthood by their association are not unsuitably joined to
clerics.133
year of the ninth consulship of Our Lord Theodosius Augustus and
the third consulship of the Most Noble Constantius.-May 8, 420.
Those persons who hold clerical office

are forbidden to have intimate association with extraneous
women. They shall know that within their homes the consolation of mothers, sisters, and daughters alone is granted
to them, since the law of nature allows nothing shameful
to be committed or contemplated in the case of such persons. Those women, moreover, who were wedded before
the assumption of clerical office by their husbands shall be
kept as a solace.
INTERPRETATION:
1, 3, 18.
128 16, 2, 42.
129 Add: and from others, M.
130 honorati.
181 Brev. 16, I, 6; CJ I, 3, 19; Lex Baiuvar,
127 Q
I, I, 12; Sirm.
132
consortium.
133
This law may represent the influence of Pulcheria.
[ 448 ]
zo.
16-*4
Contenders about Religion

45.134 The same Augustuses to Philippus, Praetorian Pre-
fect of Illyricum.
We command that the ancient practice and the pristine
ecclesiastical canons which have been in force up to the
present shall be observed throughout all the provinces of
Illyricum and that all innovations shall cease. Then, if any
doubt should arise, such cases must be reserved for the
synod of priests and their holy court, not without the
knowledge of that most reverend man of the sacrosanct
law, the Bishop of the City of Constantinople, which enjoys the prerogative of ancient Rome.
Given on the day before the ides of July in the year of the consulship of Eustathius and Agricola.-July 14, 421.
46. Emperor Theodosius Augustus and Valentinian Caesar to Georgius, Proconsul of Africa.
(After other matters.) The privileges granted to the
Church and to the clerics by previous laws shall be preserved.' (Etc.)
Given on the day before the nones of July at Aquileia in the year
of the eleventh consulship of Our Lord Theodosius Augustus and
the consulship of Valentinian Caesar.-July 6 (August 4), 425.
47.13 The same Augustus and Caesar to Bassus, Count of

the Privy Purse.
We restore with eager devotion to all the churches their
privileges which the tyrant1 37 had begrudged to Our age,
namely, that whatever was established by the sainted Emperors or whatever any bishop had impetrated from them
for ecclesiastical purposes shall be preserved and confirmed
throughout all eternity, under the penalty prescribed for
sacrilege. Clerics, also, who the accursed presumptor1 37
had declared must be led indiscriminately before secular
judges, 9 We reserve for a hearing before the bishops.1 8
For it is not right that ministers of the divine service
should be subjected to the judgment of temporal authorities. (Etc.)
Given on the eighth day before the ides of October at Aquileia in
the year of the eleventh consulship of Our Lord Theodosius Augustus and the consulship of Valentinian Caesar.-October8 (August 6), 425.136
TITLE 3: MONKS' (DE MONACHIS)

i. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
If any persons should be found in the profession of
monks, they shall be ordered to seek out and to inhabit
desert places and desolate solitudes.'
Given on the fourth day before the nones of September at Verona
the consulship of Neoterius.-September 2, 390.
CJ
I, 2, 6; II, 21, I.
135 servare, preserve, observe, enforce.
At least three copies were issued of the original constitution
of which this is a part. Other portions are 16, 5, 62; 16, 5, 64;
Sirm. 6.
'n
John, an unsuccessful usurper, hence, a "tyrant," in power at
134
136
Rome 423-424.
138
episcopalis audientia, episcopal hearing, episcopal court. i,
27, 1-2.
16, 2; CJ I, 3.
The earlier monks were hermits. Many of them were religious
fanatics, and as opponents of social and political injustices they
frequently incited sedition and riots. The oppression of the judges
succeeded in making them more popular with the masses whose
cause they championed, 6, 4, 1-2; 16, 2, n. 124; 16, 5, n. I; 9, 40,

We direct that the monks to whom the municipalities
had been forbidden, since they are strengthened by judicial injustices,' shall be restored to their original status, and
the aforesaid law4 shall be repealed. Thus indeed, We revoke such a decree of Our Clemency, and We grant them
free ingress into the towns.
2.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the second consulship of Arcadius Augustus
TITLE 4: THOSE PERSONS WHO CONTEND

ABOUT RELIGION' (DE HIS QUI SUPER RELIGIONE CONTENDUNT)
If those persons who suppose that the right of assembly
has been granted to them alone should attempt to provoke
any agitation against the regulation of Our Tranquillity, as
authors of sedition and as disturbers of the peace of the
Church, they shall pay the penalty of high treason with
their lives and blood.
Given on the tenth day before the kalends of February at Constantinople in the year of the consulship of Emperor Designate
Honorius and the Most Noble Evodius.-January 23, 386.

There shall be no opportunity for any man4 to go out to
the public and to argue about religion or to discuss it or to
give any counsel. If any person hereafter, with flagrant
and damnable audacity, should suppose that he may contravene any law of this kind or if he should dare to persist
in his action of ruinous obstinacy, he shall be restrained
with a due penalty and proper punishment.
2.'
Given on the sixteenth day before the kalends of July at Stobi in

consulship of Cynegius.-June i6, 388.
3. The same Augustuses to Potamius, Augustal Prefect.

If any man should disturb both the Catholic faith and
the people and if he has failed to heed the admonition of
the general law or to be chastened by a due sentence, he is
deserving of deportation.
Given on the fifteenth day before the kalends of August at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of the Most Noble Rufinus.-July I8, 392.
4. Emperors Arcadius, Honorius, and Theodosius Augustuses to Anthemius, Master of Offices.

All members of the office staffs shall be warned to abstain from participation in tumultuous conventicles, and
if any persons with sacrilegious intent should dare to violate the authority of Our Imperial Divinity, they shall be
deprived of their cincture of office and punished with the
proscription of their goods.
Given on the fourth day before the kalends of February at Constantinople in the year of the sixth consulship of Honorius Augustus
and the consulship of Aristaenetus.-January 29, 404.
15-16.
8 monks who had been forbidden, to return to the municipalities,

M.
4 16, 3, I.
1 16, 1; CJ i, 1.
2 16, 1, 4.
3 16, 4, L.
4 Apparently a monk or cleric. Cf. 16, 3, 1-3; 16, 5, n. i.
E 449 ]
16-4-5
Contenders about Religion
5. The same Augustuses to Studius, Prefect of the City.

If any person should possess slaves in this most sacred
City, he shall compel them to abstain from participation in
tumultuous conventicles, and he shall know that for each
slave who is apprehended while present at these forbidden
assemblies, he shall be punished with a fine of three pounds
of gold; the slaves, of course, shall be punished also.
i. It is Our will that this general rule shall be observed
in the case of the money-changers and all other guilds of
this fair City, under a very severe penalty, so that each
guild shall be compelled to pay a fine of fifty pounds of
gold for those of their number who shall be discovered to
participate in these illicit assemblies.
Given on the third day before the ides of September at Constantinople in the year of the sixth consulship of Honorius Augustus and
the consulship of Aristaenetus.-September zz, 404.

Governors" of provinces shall be admonished that assemblies shall be forbidden as illicit if such assemblies are
held by persons who rely on the religion of the orthodox
churches, but spurn the sacrosanct churches and attempt
to convene elsewhere. Persons who dissent from the communion of Arsacius, Theophilus, and Porphyrius, Most
Reverend Bishops of the sacred law," shall undoubtedly
be driven from the Church.
Constantinople in the year of the sixth consulship of Honorius Augustus and the consulship of the Most Noble Aristaenetus.-November 18, 404.
TITLE 5: HERETICS' (DE HAERETICS)

L.2 Emperor Constantine Augustus to Dracilianus.
The privileges that have been granted in consideration

of religion must benefit only the adherents of the Catholic
faith.4 It is Our will, moreover, that heretics and schismatics shall not only be alien from these privileges but
shall also be bound and subjected to various compulsory
public services.
Posted on the kalends of September at Gerastus in the year of the
seventh consulship of Constantine Augustus and the consulship of
Constantius Caesar.-September I, 326.
2. The same Augustus to Bassus.'

We have not found that the Novatians were precondemned to such an extent that We should suppose that
those things which they sought ought not be granted to
them. We direct, therefore, that they shall firmly possess,
without disquietude, their own church buildings and places
suitable for burial: that is, those properties which they
have held for a long time either through purchase or
through acquisition in any manner whatsoever. Of course,
due provision must be made that they shall not attempt to
appropriate to themselves any of the property which mani5 rectores.
6 antistites sacrae legis, representatives of the Christian faith.
I CJ I, 5. Identification of the various heretical sects will be
found in the Glossary. In many cases, heresy was not primarily
religious dissent but was an expression of social and economic
suffering and discontent. Hence, as an expression of latent rebellion,

it was all the more sternly repressed by the Emperors, n. 85.
2
CJ
I, 5,
1.
3 Vicar, 2, 33,
1.

4 Catholicalex, 16, I, n. 5.
6praedamnare, precondemn, previously condemn.
festly belonged to the Church of perpetual sanctity before

the schism.
Given on the seventh day before the kalends of October at Spoleto
the consulship of Constantius Caesar.-September 25, 326.
3. Emperors Valentinian and Valens' Augustuses to Ampelius, Prefect of the City.

Wherever an assembly of Manichaeans or such a throng
is found, their teachers shall be punished with a heavy
penalty. Those who assemble shall also be segregated from
the company of men as infamous and ignominious, and
the houses and habitations in which the profane doctrine
is taught shall undoubtedly be appropriated to the resources of the fisc.
Given on the sixth day before the nones of March at Trier in the
year of the consulship of Modestus and Arintheus.-March 2, 372.

to Hesperius, Praetorian Prefect.'
Previously, in behalf of the religion of Catholic sanctity, in order that the illicit practice of heretical assembly
should cease, We commanded" that all places should be
confiscated in which their altars were located under the
false guise of religion, whether such assemblies were held
in towns or in the country outside the churches where Our
peace prevails. If such forbidden practice should occur,
either through the connivance of the judgeso or through
the dishonesty of the profane, the same destruction shall
ensue in either case.
Given on the tenth day before the kalends of May at Trier in the
year of the fifth consulship of Valens Augustus and the consulship
of Valentinian Augustus.-April 22, 376; 378.11
5-12 Emperors Gratian, Valentinian, and Theodosius Augustuses to Hesperius, Praetorian Prefect.
All heresies are forbidden by both divine and imperial
laws and shall forever cease. If any profane man by his
punishable teachings'" should weaken the concept of God,
he shall have the right to know such noxious doctrines only
for himself but shall not reveal them to others to their htrt.
If any person by a renewed death 4 should corrupt bodies
that have been redeemed by the venerable baptismal font,
by taking away the effect of that ceremony which he repeats, he shall know such doctrines for himself alone, and
he shall not ruin others by his nefarious teaching. All
teachers and ministers alike of this perverse superstition
shall abstain from the gathering places of a doctrine already condemned, whether they defame the name of
bishop' 5 by the assumption of such priestly office, or, that
which is almost the same, they belie religion with the appellation of priests,16 or also if they call themselves deacons,
although they may not even be considered Christians.
Finally, the rescript" that was recently issued at Sirmium
7 And Gratian.
9 Proconsul of Africa, 1,
9 Not extant.
32, 2;
15, 7, 3; I, 15, 8, n. 26.

10 See 16, I, n. 2.
11 In the year of the sixth consulship of Valentinian Augustus

and the second consulship of Valentinian Augustus (378), Seeck.
Cf. I, 15, 8, n. 26.

12 CJ 1, 5, 2.
14
18 punishable audacity, M.
The death of sin, a rhetorical phrase in rejoinder to the claims
of such heretics that such baptism gave renewed life.

15 episcopus.
16 presbyteri.
Not extant, but compare 16, 6, 2; Sozom. 7, 1; Suidas, s.v.

Gratianos; Joannes Antioch., excerpta Constantiniana 846.
17
[ 450 ]
16.5-7
Heretics
shall be annulled, and there shall remain only those enactments pertaining to Catholic doctrine which were decreed
by Our father of eternal memory and which We ourselves
commanded by an equally manifold order, which will survive forever.
Given on the third day before the nones of August at Milan.August 3. Received on the thirteenth day before the kalends of
September in the year of the consulship of Auxonius and Olybrius.August 20, 379.
6.18 The same Augustuses to Eutropius, Praetorian Prefect.

No place for celebrating their mysteries, no opportunity
for exercising the madness of their excessively obstinate
minds shall be available to the heretics. All men shall know
also that even if some concession has been impetrated by
that kind of men through any special rescript whatever, if
it has been fraudulently elicited, it shall not be valid.
i. Crowds shall be kept away from the unlawful congregations of all the heretics.19 The name of the One and
Supreme God shall be celebrated everywhere; the observance, destined to remain forever, of the Nicene faith, as
transmitted long ago20 by Our ancestors and confirmed by
the declaration and testimony of divine religion, shall be
maintained. The contamination of the Photinian pestilence,
the poison of the Arian sacrilege, the crime of the Eunomian perfidy, and the sectarian monstrosities, abominable
because of the ill-omened names of their authors,21 shall
be abolished even from the hearing of men.
2. On the other hand, that man shall be accepted as a
defender of the Nicene faith and as a true adherent of the
Catholic religion who confesses that Almighty God and
Christ the Son of God are One in name, God of God,
Light of Light, who does not violate by denial the Holy
Spirit which we hope for and receive from the Supreme
Author of things; that man who esteems, with the perception of inviolate faith, the undivided substance of the
incorrupt Trinity, that substance which those of the orthodox faith call, employing a Greek word, ousia. The latter
beliefs are surely more acceptable to Us and must be venerated.
3. Those persons, however, who are not devoted to the
aforesaid doctrines shall cease to assume, with studied deceit, the alien name of true religion,22 and they shall be
branded upon the disclosure of their crimes. They shall be
removed and completely barred from the threshold of all
churches, since We forbid all heretics to hold unlawful
assemblies within the towns. If factions should attempt
to do anything, We order that their madness shall be banished and that they shall be driven away from the very
walls of the cities, in order that Catholic churches throughout the whole world may be restored to all orthodox
bishops who hold the Nicene faith.
Given on the fourth day before the ides of January at Constantinople in the year of the consulship of Eucherius and Syagrius.January 10, 381.
18
19
CJ I, 1, 2.
Or: The throngs of all heretics must be restrained from un-
lawful congregations.
20 In 325.
21
The sectarian monstrosities that have been increased and are
abominable because of their ill-omened names, M.

22
Or: a name that is alien to true religion.
7. The same Augustuses to Eutropius, Praetorian Prefect.

If any Manichaean man or woman, from the date of
the law" as previously and originally issued by Our
Fathers, has transmitted his own property to any person
whatsoever, by the execution of a testament or under any
title of liberality whatever or any kind of gift, or if any
one of the aforesaid persons has become enriched by the
bestowal, through any form whatever, of an inheritance
upon which he has entered, 1 inasmuch as We forthwith
deprive the aforesaid persons under the perpetual brand
of just infamy of all right to make a will and to live under
the Roman law, and since We do not permit them to have
the right to bequeath or to take any inheritance, the whole
of such property, after due investigation conducted by Our
fisc, shall be appropriated to its resources. If by unlawful
liberality such property should accrue to a husband, to a
near kinsman, to any person who has well deserved it, or
even to children, provided that they are connected by participation in the misdeeds of the aforesaid criminal life, or
even if through any intermediary the property will profit
any of the aforesaid persons who is found to be of such a
class and company of men, the aforesaid property shall be
vindicated under the title of caducity.
i. The general rule of this law issued by Our Clemency,
shall be valid not only for the future but also for the past,25
and if any property has been bequeathed by such persons
as owners or has been held by them as heirs, such property
shall be confiscated to the advantage of the fisc. For although the order of the celestial imperial statutes indicates
to those who must observe them the subsequent observance
of the sacred imperial constitutions and is not customarily
prejudicial to previous acts, nevertheless, in this sanction
only, since it is Our will that it shall be especially forceful,
We recognize by Our sense of just inspiration26 what an
inveterate obstinacy and a pertinacious nature deserve. We
hold as guilty of sacrilege those persons also who, since the
issuance of the original law, have not been able to be restrained at least by divine imperial admonitions from unlawful and profane assemblies, in violation of the aforesaid law as written. We sanction the severity of the present
statute not so much as an example of a law that should be
established but as one that should be avenged, so that the
defense of time2 T also shall not be of advantage to them.
2. The inheritance of paternal or maternal goods shall be
bestowed only upon those children who, although born of
Manichaeans, nevertheless are immune from such a crime,
since they have been admonished by a sense and desire of
their own salvation, have removed themselves from the
association of the aforesaid life and profession, and have
dedicated themselves to the pure religion.
3. We further add to this sanction that the Manichaeans
shall not establish in the conventicles of the small towns 28
or in renowned cities their accustomed tombs of feral mys16, 1, 2, G., who considers that 16, 2, 25, is part of the same law.
Or: by the bestowal of an inheritance upon which he has
entered through any form whatever.
25 A retroactive law, contrary to I, 1, 3 and the general
spirit
of Roman jurisprudence. Such retroactive laws are not uncommon
in the Theodosian Code. Cf. I, I, 3, n. 16.
28 indignation, M.
27 An exception adducing a long period of time
that would bar
legal action; a prescription of time, a demurrer.
28 conventicula oppidorum, an unusual phrase. In the small
town
settlements ?
2.
24
451 ]
16-5'7
Heretics
teries; they shall be kept completely from sight of the

throngs in the municipalities. Nor shall they defend themselves with dishonest fraud under the pretense of those
deceptive names by which many, as We have learned, wish
to be called and signified as of approved faith and chaste
character; especially since some of the aforesaid persons
wish to be called the Encratites, the Apotactites, the Hydroparastatae, or the Saccophori, and by a variety of diverse names falsify,29 as it were, the ceremonies of their
religious professions. For none of the aforesaid persons
shall be protected by a profession of names but shall be
held infamous and execrable because of the crimes of their
sects.
Given on the eighth day before the ides of May at Constantinople in the year of the consulship of Eucherius and Syagrius.May 8, 381.
8. The same Augustuses to Clicherius,3 0 Count of the

Orient.
We direct that none of the Eunomians and the Arians
or the adherents of the dogma of Ethius" shall have the
right to build churches in the municipalities or in the country. But if this right should be rashly presumed by any
person, the aforesaid house, wherever such forbidden constructions have been made, and also the estate or private
landholding shall immediately be vindicated to the resources of Our fisc. All places also which have received
either the abode or the ministers of this sacrilegious doctrine shall immediately become fiscal property.
Given on the fourteenth day before the kalends of August at Constantinople in the year of the consulship of Eucherius and Syagrius.
-July
19, 381.

If any Manichaean should flee the company of the good
under the false pretense of the solitary life and should
choose the secret gatherings of persons of the lowest
classes, he shall be subjected to the law as a profaner and
corrupter of the Catholic discipline, which we all revere.
Thus he shall be intestable during his lifetime, while living
he shall expend nothing on such outlawed persons, at his
death he shall leave nothing to such unworthy persons, and
he shall restore all his possessions to those persons who
are akin" to him, not by character but by nature. If statutory successors should be lacking, he shall leave his property to his next of kin to be better managed; or, in the absence of agnate successors, he shall understand that his
property will be subject to the ownership of the fisc, without any fraudulent undertaking. So much for the hermits.
i. But those persons who are entitled Encratites, with
a monstrous appellation, together with the Saccophori, and
the Hydroparastatae, when they have been convicted in
court, betrayed by crime, or discovered in a slight trace of
this wickedness, We order to be afflicted with the supreme
penalty and with inexpiable punishment. With respect to
their goods, the condition which We imposed on all this
workshop, 3 from the inception of the law23 formerly
issued, shall remain.
Your Sublimity, therefore, shall appoint investigators,
shall open court, and shall receive informers and de29 mentiri, belie, falsify.
80 Glycerius, M.
nouncers, without the odium attached to informants." No

person shall destroy the establishment of this accusation
by means of the usual defense of prescription. 27 No person
shall convoke such secret and hidden assemblies; they shall
be forbidden in the country, they shall be prohibited within
the walls, they shall be condemned in public and private
habitations. 2. Furthermore, investigation shall be made
with the greatest care, so that if any persons should not
convene on the same day for Easter," in obedience to religion, they shall undoubtedly be considered as persons
whom We have condemned by this law.
Given on the day before the kalends of April at Constantinople
in the year of the consulship of Antonius and Syagrius.-March
31, 382.
o.36 The same Augustuses to Constantianus, Vicar of the
Diocese of Pontus.
The Tascodrogitae, indeed, shall by no means be evicted
from their own habitations. However,,this crowd of heretical superstition shall not convene at any church; or, if
perchance, such a crowd should convene, it shall be driven
out of its conventicles without any delay.
Given on the twelfth day before the kalends of July at Constantinople in the year of the second consulship of Merobaudes and the
consulship of Saturninus.-June 20, 383.
The same Augustuses to Postumianus, Praetorian Prefect.

All persons whatsoever who are tossed about by the
false doctrine of diverse heresies, namely, the Eunomians,
the Arians, the Macedonians, the Pneumatomachi, the
Manichaeans, the Encratites, the Apotactites, the Saccophori, and the Hydroparastatae,85 shall not assemble in
any groups, shall not collect any multitude, shall not attract any people to themselves, shall not show any walls of
private houses after the likeness of churches, and shall
practice nothing publicly or privately which may be detrimental to the Catholic sanctity. Furthermore, if there
should exist any person who transgresses what has been
so evidently forbidden, he shall be expelled by the common
agreement of all good men, and the opportunity to expels"
him shall be granted to all who delight in the cult and the
beauty of the correct observance of religion.
ii.
Given on the eighth day before the kalends of August at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-July 25, 383.
The same Augustuses to Postumianus, Praetorian Prefect.

The vicious doctrines hateful to God and man, namely,
the Eunomian, the Arian, the Macedonian, the Apollinarian, and all other sects which are condemned by the sincere faith of the true religion, according to the venerable
cult of the Catholic discipline, shall not arrogate to themselves the right to assemble congregations or to establish
churches, either by public or private undertakings, within
the localities of the cities and of the fields and of the villas.
They shall not practice the ritual performance of their own
perfidy or the ceremonies of their dire communion; they
shall not usurp and have any ordinances for creating
12.
The penalty for informers (delatores) was severe, lo, o.

in the same group on the day of Easter, M.
8 16, 5, 65. Constantinianus in ms. E but Constantianus in the
other constitutions that were issued to him. Cf. 7, 18, 7, et al.
3 to accuse, M.
3
31 Aetius.
82 sui: sui heredes, his own, family heirs.
as ofticina, workshop, factory, as productive of heresies and false
doctrines.
5 convene
452
Heretics
priests.38 The aforesaid houses, moreover, shall be made
subject to the ownership and rights of Our fisc, whether in
cities or in any places whatsoever where crowds of such
teachers and ministers are collected at the time of Easter.
Thus those persons who are accustomed to practice either
the doctrines or the mysteries of such assemblages shall be
diligently sought out from all cities and places. They shall
be constrained by the vigor of the published law, expelled
from their assemblies, and ordered to return to the countries of their origin, in order that none of them may have
the power to go to any other place whatsoever or to wander
away to any cities. But if these regulations which have
been established by Our Serenity should be very negligently executed, the office staffs of the provincial judgeso
and the chief decurions of the cities in which an assembly
of a forbidden congregation should be proved to have been
discovered shall be subject to a sentence of condemnation.
Given on the third day before the nones of December- at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-December 3, 383.

The Eunomians, the Macedonians, the Arians, and likewise the Apollinarians are names infamous for their false
doctrines among the offices of the holy religion. All men,
therefore, who vindicate for themselves the pontificate or
the ministry of such professions, who assert that they are
priests"' of a name that has been outlawed, and who confer
upon themselves the name of ministers of a criminal religion, who say that they teach those doctrines which it
would be seemly either not to know or to unlearn, shall be
driven from all the hiding places of this City without the
intervention of any favoritism, and the hiding places shall
be spied out with a diligent search. They shall live in other
places and shall be completely separated from the congregations of the good.
Given on the twelfth day before the kalends of February at Constantinople in the year of the consulship of the Most Noble Richomer
and Clearchus.-January21, 384.

We command that the Apollinarians and all other followers of diverse heresies shall be prohibited from all
places, from the walls of the cities, from the congregation
of honorable men, from the communion of the saints. They
shall not have the right to ordain clerics, they shall forfeit the privilege of assembling congregations either in
public or private churches. No authority shall be granted
to them for creating bishops; moreover, persons so appointed shall be deprived of the name of bishop and shall
forfeit the appellation of this dignity. They shall go to
places which will seclude them most effectively, as though
by a wall, from human association. Moreover, We subjoin
to the foregoing provisions that to all the aforesaid persons
the opportunity to approach and address Our Serenity shall
be denied.
Given on the sixth day before the ides of March at Thessalonica
the consulship of Cynegius.-March 10, 388.
sacerdotes.
3 September, Cujacius.
40 Sozom., Hist. Eccl. 8,
4.
3
16-5-18
15. The same Augustuses to Trifolius, Praetorian Prefect.

All members of diverse and perfidious sects, who are
driven by the insanity of a miserable conspiracy against
God, shall not be allowed to have an assembly anywhere,
to participate in discussions, to hold secret meetings, to
erect impudently the altars of a nefarious treachery 4' by
the offices of an impious hand, and to present the false
appearance of mysteries, to the outrage of true religion. In
order that this regulation may obtain its appropriate effectiveness, Your Sublimity shall appoint as watchmen
certain very faithful persons who shall be able both to restrain the aforesaid persons and to arrest them and bring
them before the courts. The offenders, according to the
previous sanctions, shall pay the severest penalty both to
God and to the laws.
Given on the eighteenth day before the kalends of July at Stobi
in the year of the second consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Cynegius.-June 14,
388.
16. The same Augustuses to Cynegius, 42 Praetorian Prefect.

We have learned that some of the Arians cite as their
defense a general rule of Our regulations9 to the effect that
they are permitted to usurp those practices which appear
to them to suit their advantage. That rule shall be abrogated, and they shall know that no such order has emanated
from Our imperial sanctuary. If anything, therefore,
should be so cited by them for their own advantage, and if
anyone should henceforth circulate such pseudo regulations,
he shall be held guilty of forgery.
Given on the fifth day before the ides of August at Constantinople
the consulship of the Most Noble Cynegius.-August 9, 388;4 387.
17. Emperors Valentinian, Theodosius, and Arcadius Augustuses to Tatianus, Praetorian Prefect.
The Eunomian eunuchs shall not have the liberty either
to make a testament or to take under a testament. It is
Our will that this regulation shall be observed with respect
to all whom the law may find still living and that no person
shall be protected by the privilege of any past will, since,
whether testaments are shown to have been previously
made or left incomplete, after this sanction of Our sacred
imperial response the aforesaid persons shall not have the
liberty to possess property or to petition for the possession
of such property,4 4 or even to leave any heir, either directly
or as beneficiary of a trust, as a legatee, as beneficiary of
a secret trust fund, or under any name which the order of
the law has established in such matters. But all property
which may appear to belong or to be about to belong to such
persons4 4 shall be vindicated as caducous to the resources
of Our fisc. In short, the aforesaid persons shall have nothing in common with the rest of mankind.
Given on the third day before the nones of May at Milan in the
year of the consulship of Timasius and Promotus.-May 4 (5), 389.
18. The same Augustuses to Albinus, Prefect of the City.

If any persons whatever should disturb the world4 5 un41 praevaricatio, falsehood, treachery, apostasy.
42 Tatianus: Cynegius died during his consulship and was

buried
March 19, 388. Cf. 8, 4, 17, n. 61. The imperial sanctuary, sacrarium,
was the consistory of the Emperor, 6, 9, I, n. 2.
" Theodosius was not in Constantinople this year but marched

from Thessalonica into Italy against the usurper Maximus.
" As heirs.
45mundus, the world, the universe, as distinguished from orbis
E 453 1
Heretics
der the name of Manichaeans, they shall indeed be expelled from the whole world," but especially from this
City, under threat of judgment. Moreover, the wills of
the aforesaid persons shall not have the force of testaments; further, the property itself shall be confiscated to
the people, nor shall it be lawful that any property be left
through them or to them. In short, they shall have nothing
in common with the world.45
Given on the fifteenth day before the kalends of July at Rome in
the year of the consulship of Timasius and Promotus.-June 17, 389.
If any persons retain the leadership of perverse dogma,

that is, bishops, priests,16 deacons, and lectors, and if any
under the pretense of the clergy attempt to impose a blot
upon religion, or if any are established under the name of
any heresy or false doctrine whatsoever, they shall by all
means be driven from their funereal meeting places,
whether they appear to be within the City or in suburban
districts.
Given on the sixth day before the kalends of December at Milan
in the year of the consulship of Timasius and Promotus.-November 26, 389.
Copy of a Sacred Imperial Letter.

We order that the polluted contagions of the heretics
shall be expelled from the cities and driven forth from the
villages. No opportunity shall be available to them for any
gatherings, so that in no place may a sacrilegious cohort of
such men be collected. No conventicles, either public or
hidden shall be granted to the perversity of such persons
as retreats for their false doctrines.
20.
Given47 on the fourteenth day before the kalends of June at Rome

in the year of the consulship of the Most Noble Tatianus and Symmachus.-May
79,
391.

In the case of heretical false doctrines, We decree that
if it should appear that any persons have ordained clerics
or have accepted the office of cleric, they shall be fined ten
pounds of gold each. The place in which forbidden practices are attempted shall by all means be added to the resources of Our fisc, if it should become clear that the
offense was committed with the connivance of the owner.
But if it should appear that the landholder was unaware
of such misdeed, inasmuch as it was done secretly, We direct that the chief tenant of such estate, if he should be
freeborn, shall pay ten pounds" to Our fisc, if he should
be descended from servile dregs4 9 and should despise the
penalty of monetary loss because of his poverty and low
degree, he shall be beaten with clubs and condemned to
deportation. Furthermore, We especially provide that if
such place should be an imperial villa or a villa subject to
any public right, and if the chief tenant and"o the procurator
should give permission for the assembly, each of them shall
be fined ten pounds of gold in accordance with the penalty
as herein set forth. But if those persons who have been
found to perform such mysteries should at the same time
21.
terrarum, the Roman world, the Roman Empire, the civilized world,
n. 46. For the disturbance of the world, see 9, 16, 5; 16, 5, 40; 16,
5, 65, 2; Nov. Th. 3,
1,
8.
46 orbis terrarum, n. 45.
47 Posted: Theodosius and Valentinian were not at Rome on this

date.
48
4
Apparently of gold, an enormous fine.

oor the procurator, Seeck.
6, 27, 18.
E454 1
be revealed to usurp for themselves the title of cleric, We

command that each of them shall be fined ten pounds of
gold and such fine shall be paid.
Given on the seventeenth day before the kalends of July at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Rufinus.-June 15, 392.
Emperors Theodosius, Arcadius, and Honorius Augustuses to Victorius, Proconsul of Asia.

Heretics shall have authority neither to create nor legally
to confirm bishops.
22.
Given on the seventeenth day before the kalends of May at Constantinople in the year of the third consulship of Arcadius Augustus
and the second consulship of Honorius Augustus.-April 15, 394.

We formerly believed that a law51 ought to be promulgated with reference to the Eunomians, to the effect that
they should neither take nor leave anything by testament;
on fuller deliberation, indeed, We now revoke the aforesaid law. They shall live under the common law; they may
appoint and likewise be appointed as heirs in written wills.
Given on the twelfth day before the kalends of July at Adrianople
in the year of the third consulship of Arcadius Augustus and the
second consulship of Honorius Augustus.-June 20, 394.

The madness of heretics shall not attempt further to perpetrate the criminality which they have devised nor to
hold unlawful councils. Nowhere shall they attempt to
teach or learn their profane doctrine; their bishops" shall
not dare to teach a faith which they do not have and to
create ministers who are not ministers. Such audacity shall
not be neglected nor increase through the connivance of
judges'o or of any person to whom the care of this matter
was entrusted through the constitutions54 of Our father.
Given on the seventh day before the ides of July at Constantinople
in the year of the third consulship of Arcadius Augustus and the
second consulship of Honorius Augustus.-July 9, 394.

We renew by Our decree all penalties and all punishments that were established by the sanctions" of Our
father of sainted memory against the obstinate spirit of
the heretics, and We decree to be invalid whatever privilege has been conceded to them by any special sanction,56
contrary to the merit of the delinquents, in the hope of
their correction. i. We condemn with special mention the
perfidious mind and the most vicious sect of the Eunomians, and We hereby establish that all decrees" 7 which have
been issued against their insanity shall be preserved inviolate. We add thereto that no person of the aforementioned
sect shall have the right to enter the imperial service or to
make a will or to take property under a will, so that all who
have a common religious insanity may suffer a common
penalty. If anything pertaining to the right of making a
will was conceded as a special benefit to any of the aforesaid persons by Our father,' it shall, of course, become
void.
Given on the third day before the ides of March at Constantinople
in the year of the consulship of Olybrius and Probinus.-March x3,
395.
52 16, 5, 5; CJ 1,
51 16, 5, 17.
54 16, 5, 12.
516, 5, 5-24.
57 16, 5: 6, 8, II, 12, 13, 17.
5, 2.
53 antistes.
56 16, 5, 14 and 16.
58 16, 5, 23.
16-5-34
Heretics
None of the heretics, who are now restrained by innumerable laws"5 of Our sainted father, shall dare to assemble unlawful gatherings and to contaminate with profane mind the mystery of Almighty God, either publicly
or privately, secretly or openly. None shall dare to appropriate the title of bishop or, with polluted mind, to
arrogate to himself the ecclesiastical order and their most
sacred titles.
Given on the third day before the kalends of April at Constantinople in the year of the consulship of Olybrius and Probinus.March 30, 395.

We direct that the power to execute testaments shall be
granted to the Eunomians and that whatever the recent
regulation" of Our sainted father contained shall be
conceded to them.
Given on the eighth day before the kalends of July59 at Constantinople in the year of the consulship of Olybrius and Probinus.
-June 24 (December 25), 395.
28.60 The same Augustuses to Aurelianus, Proconsul of

Asia.
Those persons who may be discovered to deviate, even
in a minor point of doctrine, from the tenets and the path
of the Catholic religion are included under the designation
of heretics and must be subject to the sanctions 61 which
have been issued against them. Your Experience, therefore, shall recognize that Heuresius" shall be considered a
heretic and not among the number of most holy bishops.
Given on the third day before the nones of September at Constantinople in the year of the consulship of Olybrius and Probinus.
-September 3, 395.
29. The same Augustuses to Marcellus," Master of

Offices.
We direct Your Sublimity to investigate whether any of
the heretics dare to have membership in the imperial
service, in violation of Our laws, either in the bureaus or
among the members of the secret service or among the
palatines. According to the example 4 of Our sainted
father, We also deny the aforesaid persons all right of
membership in the imperial service. Moreover, if you
should apprehend any persons as accessories of this crime,
you shall order that they, together with the very persons
with whom they have connived, to the ruin of Our law and
of religion, shall not only be removed from the imperial
service but even be kept outside the walls of this City.
Given on the eighth day before the kalends of December at Constantinople in the year of the consulship of Olybrius and Probinus.
-November
24, 395.
Clearchus, Prefect of the City.

All heretics shall know without doubt that they shall be
deprived of all places in this City, whether such places are
held under the name of churches or are called deaconries
or even deaneries, or whether they appear to furnish an
opportunity for such meetings in private homes or places;
59 January, since Caesarius succeeded Rufinus as Praetorian

Prefect when Rufinus was executed on November 27, 395, G.
60 CJ I, 5, 2.
02 Euresius in
61 16, 5, 1-27.
mss. VE, a bishop in the Diocese of Asia who was

associated with the Luciferian heresy or schism. See G.
636, 29, 8, n. 27.
64 16, 5, 25.
65 CJ 1, 5, 3
such private houses and places shall be incorporated into

Our fisc.
i. Moreover, all clerics of the heretics shall be expelled
from the most sacred City, nor shall they be permitted to
convene within these limits. 2. Furthermore, all the aforesaid persons shall be forbidden to come together in profane assemblies for performing a litany within the City
by night or day. If anything of this kind is permitted to
take place either in public or in private houses, a fine of
a hundred pounds of gold shall certainly be imposed on
the office staff of Your Sublimity.
Given on the fifth day before the nones of March at Constantinople
third consulship of Honorius Augustus.-March 3, 396;66 402.
fect.
Authors and teachers of the crime of the Eunomians,
and especially their clerics, whose madness induced them
to such false doctrine, shall be tracked down and expelled
as exiles from the municipalities.
Given on the eleventh day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-April 21
or 22, 396.
fect.
In order that such great madness of the Eunomians may
not persist, Your Sublime Magnificence shall hasten to
track down with all zeal the authors and teachers of the
Eunomians. Especially their clerics, whose madness has
induced them to such false doctrine, shall be expelled as
exiles from the municipalities and shall be segregated from
all human gatherings.
Given on the tenth day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of HonoriusAugustus.-April 21 or 22, 396.

Prefect.
We command the teachers of the Apollinarians to withdraw with all haste from the habitations of Our dear City,
and if they should neglect to depart and should remain
concealed in their hideouts, with the intention of holding
secret assemblies, as they suppose, those places or houses
in which they have congregated the aforesaid persons shall
be annexed to the account of the fisc.
Given on the kalends of April69 at Constantinople in the year of
the consulship of Caesarius and Atticus.-April i, 397.

Prefect.
The clerics of the Eunomian and the Montanist superstitions shall be expelled from the association and intercourse of all municipalities and cities. If perchance they
should dwell in the country and should be proved either
to assemble the people or to participate in any assemblies,
they shall be deported for life. Further, the procurator of
the landholding shall suffer the supreme penalty, and the
owner shall be deprived of the landholding, if with their
66
In the year of the fifth consulship of Arcadius and

Honorius,
M.; 14, 7, 14.

67 16, 5, 32.
68
16, 5,
31.
" The month does not agree with the dates of Eutychianus as
Praetorian Prefect, 3,
12,
3, n. 8.
C 455
16.5-34
Heretics
knowledge and connivance these unholy and condemned

meetings are proved to have been conducted on such landholding. If, indeed, after the formal publication of this
order, these heretics should be apprehended in any city
whatsoever or should be proved to have entered any house
for the purpose of performing their superstitious rites,
their goods shall be confiscated and they themselves shall
suffer the supreme penalty. The house which they have
entered in the aforesaid manner shall be attached to the
fisc without delay, unless such heretics should be immediately ejected by the master or the mistress of the house
and reported to the authorities.
I. We command that the bookso containing the doctrine
and matter of all their crimes shall immediately be sought
out and produced, with the greatest astuteness and with
the exercise of due authority, and they shall be consumed
with fire immediately under the supervision of the judges.10
If perchance any person should be convicted of having
hidden any of these books under any pretext or fraud
whatever and of having failed to deliver them, he shall
know that he himself shall suffer capital punishment, as a
retainer of noxious books7 0 and writings and as guilty of
the crime of magic. 7 '
Given on the fourth day before the nones of March at Constantinople in the year of the fourth consulship of Honorius Augustus
and the consulship of Eutychianus.-March 4, 398.
35.72 The same Augustuses to Dominator, Vicar of Africa.
We decree that the pernicious Manichaeans and their

accursed meetings, which have already been condemned73
to just punishment, shall also be restrained by this special
regulation. Therefore, they shall be sought out, they shall
be brought before the public authorities, and such detestable criminals shall be restrained7 4 by the proper and
most severe correction. The stings of authority shall also
be directed against those persons who protect the aforesaid heretics in their own homes with damnable provision.
Given on the sixteenth day before the kalends of June at Milan in
the year of the consulship of the Most Noble Theodorus.-May 17,
399.

For the Eunomians We remit the penalty" of being deprived of testamentary capacity and of having their status
changed to that of foreigners. We permit them to have the
unrestricted power to make gifts from their own property,
as they wish, and to receive property in turn as a gift from
others.
i. However, they shall abstain from their councils, they
shall abandon unlawful assemblies, and they shall know
that gatherings have been interdicted to them or else punishment has been prepared for them. Wherefore, the procurator of a landed estate or the steward of an urban
70 codices.
71maleficium. Or: as a retainer of books that are noxious and

that were written by the crime of magic. That is, the composition
of the books constituted the crime of magic.

5, 4.
7 Even by the pagan Emperors, as Diocletian, Collat. 15, 3; but
the reference here is to the legislation of the Christian Emperors,
as 16, 5: 3, 7, 9, 18, 20.
7 resecare, cut back, cut off, eradicate, restrain.
7 16, 5, 25. Foreigners
did not have testamentary capacity in
72 CJ I,
Roman law.
house in which profane mysteries have been celebrated

shall suffer the supreme penalty. The landholding itself
and the house shall be vindicated to the fisc, if Our injunction is contravened with the knowledge and without
the prohibition of the owner.
2. Moreover, if the ministers of such criminality, whom
they call by their false name of bishops,76 should be apprehended in any gathering at all, they shall be deported and
their goods confiscated.
the year of the consulship of the Most Noble Theodorus.-July 6,
399.

It is Our will that the rescript9 which the Donatists are
said to have impetrated from Julian, at that time Emperor,
shall be prefixed to the edict 77 that shall be posted in the
most frequented places, and that the records in which such
an allegation was inserted shall be subjoined, whereby the
steadfast constancy of the Catholic belief and the desperation of the Donatists, that is falsified by perfidy,78 may become known to all.
Given on the fifth day before the kalends of March at Ravenna in
the year of the consulship of Stilicho and Aurelianus.-Februaryz6,
400; February 25, 405.79
38. The same Augustuses and Theodosius Augustus: An

Edict.
No one shall recall to memorys a Manichaean, no one
a Donatist, who especially, as We have learned, do not
cease their madness. There shall be one Catholic worship,
one salvation; equal sanctity within the Trinity, harmonious within itself, shall be sought. But if any person
should dare to participate in practices that are interdicted
and unlawful, he shall not escape the toils of innumerable
previous constitutions and of the law' that was recently
issued by Our Clemency. If perchance seditious mobs
should assemble, he shall not doubt that the sharp goads
of a more severe punishment will be applied to him.
year of the second consulship of Stilicho and the consulship of
Anthemius.-February 12, 405.
39. The same Augustuses to their Dear Friend, Diotimus,st

Greetings.
We decree that heretics of the Donatist superstition, in
any place whatever, 82 shall pay to the full the due penalty
without delay, if they should either confess their crime
or should be convicted with due observance of the provisions of the law.
Given on the sixth day before the ides of December at Ravenna
of Anthemius.-December 8, 405.
76 N. 53. call their bishops, by a false name, M.
" programma. The imperial constitution was regularly placed be-
fore the edict of the official who formally published it. Most of
the anti-Christian legislation of Julian has been lost, since it was
repealed by the later, Christian Emperors and was not included in
the Theodosian Code, contrary to the instructions to the Codification Commission, I, I, 5.
7 the Catholic belief and the falsified perfidy of the reckless and
lawless Donatists, M.
7 2, 8, 24, n. 18.
so in memoriam revocare, refer to, discuss. Cf. 16, 5, 66, 2.
s Proconsul of Africa; IT, 30, 62; 16, 1I,
82 Or: of whatsoever station.
E 456 ]
2.
Heretics
4o.7
The same Augustuses to Senator, Prefect of the
City.83
We have recently published Our opinion 4 in regard

to the Donatists. Especially, however, do We prosecute
with the most deserved severity the Manichaeans and the
Phrygians and Priscillianists. Therefore, this class of men
shall have no customs and no laws in common with the
rest of mankind.
i. In the first place, indeed, it is Our will that such
heresy shall be considered a public crime, since whatever
is committed against divine religion redounds to the detriment of all.s 5 2. We also pursue the aforesaid persons by
the confiscation of their goods, which, however, We order
to accrue to each of their next of kin, in such a way that
the order of ascendants and descendants and collateral
cognates, even to the second degree, shall be observed, just
as in hereditary successions. Thus, finally We permit such
kinsmen to have the right to take such property, unless they
themselves are polluted with an equal guilt. 3. It is also
Our will that the heretics themselves shall be made ineligible to accept" any gift or inheritance coming under
any title whatsoever. 4. Furthermore, We do not leave
to any person so convicted the power to make gifts, to buy,
to sell, or finally to make contracts.
5. Moreover, the inquisition shall extend beyond death.
For, if in crimes of high treason it is permitted that the
memory of the deceased may be charged with crime, not
undeservedly must the deceased undergo judgment in this
case also. Wherefore, if any person is convicted of having
been a Manichaean or a Phrygian or Priscillianist, the document of his last will shall be void, whether he has left it
in the form of a testament, a codicil, a letter, or any kind
of will whatsoever. In this case also the foregoing conditions shall be observed concerning those degrees of kinship that are enumerated above. Moreover, We do not
permit children to become heirs or to enter upon an inheritance unless they have abandoned the depravity of
their fathers; for We extend pardon to those persons who
repent of their transgression. 6. It is Our will also that
slaves shall be without guilt if, with due reverence 7 for
their sacrilegious masters, they should pass over with more
faithful service to the Catholic Church.
7. If there should be a landed estate on which a congregation of such men has assembled, when the owner, although not implicated as a participant in the crime, had
knowledge thereof and did not forbid it, such estate shall
be added to Our patrimony. If the owner was ignorant
thereof, his overseer or the procurator of the landholding
shall be beaten with lashes tipped with lead and shall be
consigned to perpetual labor in the mines; the chief tenant,
if he is sufficiently responsible," shall be deported.
8. If the governor" of the province by connivance or
favoritism should defer the trial of such crimes when they
have been reported to him or should neglect the punish8 Praetorian prefect in some mss.
84
16, 6, 3-5; 16, 5, 38-39.
85 Nov. Th. 3; Horace Odes, 3, 6, 7-8. This is the fundamental
principle on which was based the persecution of Christianity by the

pagan Emperors and the persecution of heresy and paganism by
the orthodox Christian Emperors. The Emperors were also influenced by their desire to promote the unity of the Empire, n. i.
86 Or: shall be deprived of.
87 Reading reverentes. Or, reading relinquentes: forsaking their.
8 idoneus.
89 rector.
16-5-42
ment of those persons who are convicted, he shall know

that he will be punished with a fine of twenty pounds of
gold. The defenders also and the chief decurions of each
city and likewise the provincial office staffs shall be constrained by a penalty of ten pounds of gold, unless, in executing those matters which have been prescribed by the
judges"o in this connection, they should lend their most
sagacious care and skilled assistance.
Given on the eighth day before the kalends of March at Rome in
the year of the seventh consulship of Honorius Augustus and the
second consulship of Theodosius Augustus.-February 22, 407.
41. The same Augustuses to Porphyrius, Proconsul of

Africa.
Although it is customary for crimes to be expiated by
punishment, it is Our will, nevertheless, to correct the
depraved desires of men by an admonition to repentance.
Therefore, if any heretics, whether they are Donatists or
Manichaeans or of any other depraved belief and sect who
have congregated for profane rites, should embrace, by a
simple confession, the Catholic faith and rites, which We
wish to be observed by all men, even though such heretics
have nourished a deep-rooted evil by long and continued
meditation, to such an extent that they also seem to be
subject to the lawso formerly issued, nevertheless, as soon
as they have confessed God by a simple expression of belief, We decree that they shall be absolved from all guilt.
Thus for every criminal offense, whether it was committed before or should be committed afterward, a thing
which We regret, although punishment seems to be especially urgent for the guilty, it shall suffice for annulment 1
that they should condemn their false doctrine by their
own judgment and should embrace the name of Almighty
God, which they may call upon even in the midst of their
perils;92 for when the succor of religion has been invoked,
it must nowhere be absent in afflictions. Therefore, just as
We order that the previous laws which We have issued
for the destruction of sacrilegious minds shall be forcefully pressed to the full effect of their execution, in like
manner We decree that those persons who have preferred
the faith of pure religion, even though by late confession,
shall not be bound by the laws which have been issued. We
sanction the foregoing regulations in order that all persons
may know that the infliction of punishment on the profane
desires of men shall not be lacking, and that it redounds
to the advantage of true worship that the support of the
laws should also be present.
Rome in the year of the seventh consulship of Honorius Augustus
and the second consulship of Theodosius Augustus.-November 15,
407.

Olympius, Master of the Offices, and Valens, Count of the
Household Troops.
We prohibit those persons who are hostile to the Catholic sect to perform imperial service within the palace, so
that no person who disagrees with Us in faith and in
religion shall be associated with Us in any way.
Ravenna in the year of the consulship of Bassus and Philippus.November
14,
408.
90 16, 5, 1-40.
91 abolitio, annulment of an accusation
92 The tortures and imminent dangers
3 6, 5, 25 and
29.
E457
or of a suit, 9, 37.
of death at the trial.
16-5-43
Heretics
43.4 The same Augustuses to Curtius, Praetorian Prefect.
All decrees which We have issued by the authority of

general laws against the Donatists, who are also called
Montenses, against the Manichaeans or the Priscillianists,
or against the pagans,95 We decree shall not only remain
in force but shall be put into the fullest execution and effect. Thus the buildings of the aforesaid persons and those
of the Caelicolists also, who hold assemblies of some unknown new dogma, shall be vindicated to the churches.
The punishment established by law must surely consider
as convicted those persons who confess that they are
Donatists or shun the communion of the Catholics under
the pretext of a perverse religion, although they pretend
that they are Christians. (Etc.)
Given 96 on the seventeenth day before the kalends of December

at Rome in the year of the consulship of Bassus and Philippus.November 15, 408; 407.
44. The same Augustuses to Our Dear Friend, Donatus," 7

Greetings.
The new and unaccustomed audacity of the Donatists,
heretics, and Jews has disclosed that" they wish to throw
into confusion the sacraments of the Catholic faith. Such
audacity is a pestilence and a contagion if it should spring
forth and spread abroad more widely." We command,
therefore, that the penalty of a just chastisement shall be
inflicted upon those persons who attempt anything that is
contrary and opposed to the Catholic sect.
Given on the eighth day before the kalends of December at Ravenna in the year of the consulship of Bassus and Philippus.-November 24, 408.
45. The same Augustuses to Theodorus, Praetorian Prefect

for the second time.
The vigilance of the defenders,' 00 of the decurions, and
of all members of the office staffs shall be on guard that no
person who dissents 1 ' from the priesthood37 of the Catholic Church shall have an opportunity for unlawful assembly within any municipality or any secluded part of
the territory thereof. We decree also that the places themselves of such assembly shall be appropriated to public
ownership and that every defense shall be barred. Those
persons who dare to dispute and to assert what is condemned by divine teaching shall be proscribed and dispatched into exile.
27, 408.
46.102 The same Augustuses to Theodorus, Praetorian Prefect for the second time.
(After other matters.) The Donatists and the rest of
the vain heretics and the others in error who cannot be
converted to the worship of the Catholic communion, that
x6, io,
19;
CJ 1, 9,
12;
Sirm.
12.
95 gentiles.
96 The full subscriptions of this law and of 16, 1o, 19 are probably
12. See also 1, 20, I; 14, 1, 5. Honorius

was at Rome at the end of 407 and the beginning of 408 and was
absent from Rome at the end of 408.
the same as that of Sirm.

97
Proconsul of Africa; 9, 40, 19.
Or: The audacity . . . has disclosed new and unaccustomed

practices, whereby, M.
9 See to it that this pestilence does not spring forth and spread
more widely with its contagion, M.
oo Of the municipalities.
101 Or: who separates from his bishop (sacerdos), G.
9s
02 Sirm. 14.
is, the Jews and the gentiles, who are commonly called
pagans, shall not suppose that the provisions of the laws
previously issued against them have diminished in force.
All judges'o shall know that the precepts thereof must be
obeyed with loyal devotion, and among matters of special
concern, they shall not hesitate to execute whatever We
have decreed against such persons. But if any of the
judgeso through the sin of connivance should fail to
execute the present law, he shall realize that he will forfeit his official rank and that he will suffer a more severe
action of Our Clemency. His office staff also, if it should
jeopardize its own safety by contemptuously refusing to
give official recommendations,1 03 shall be fined twenty
pounds of gold, in addition to the punishment of its three
primates. Moreover, if the members of a municipal senate out of favoritism to the criminals should keep silent
about the commission of such an offense in their own
municipalities or the territories thereof, they shall know
that they will suffer the penalty of deportation and the
forfeiture of their own property.
Ravenna in the year of the eighth consulship of Honorius Augustus
and the third consulship of Theodosius Augustus.-January r5,
409.104
47. The same Augustuses to Jovius, Praetorian Prefect.

If any person should attempt to contravene those provisions which have been enacted many times for the common salvation, that is, for the interests of the sacrosanct
Catholic Church, against the heretics and the adherents of
a different dogma, he shall be deprived of what he has
impetrated, even though he should attempt to come with the
benefit of Our annotation. (Etc.)
Given on the sixth day before the kalends of July at Ravenna in
third consulship of Theodosius Augustus.-June 26, 409.
We decree that the Montanists, the Priscillianists, and

other breeds of such nefarious superstition, who scorn the
avenging punishments as expressed throughout 0 o numerous sacred imperial edicts, shall by no means be admitted to the enlistment oaths of the imperial service,
which obeys Our imperial commands. But if any of the
aforesaid persons, by birth status as a decurion, by obligation of membership in a municipal senate or of imperial
service as a member of a gubernatorial office staff,106 should
be subject to such duties and services, We command that
they shall continue to be bound to such services, in order
that they may not elicit for themselves the support of a
desired exemption therefrom, under the color of a condemned religion. For it is Our pleasure that they shall
not be released from the compulsory services of imperial
service on the gubernatorial office staffs or of the municipal
councils, in accordance with the law' which was promul108 It was the function of the office staff to inform the judge of
the provisions of the law and to urge that he execute the law.
104 The date varies in the manuscripts. Sirm. 14
indicates 412,
but this date must be rejected since the constitutions issued to
Theodorus do not extend to that time.
105 punishments, after the issuance of numerous, M.

106
by birth status should be subject either to the bond of membership as a decurion in a municipal senate or, M. Such services
were onerous and disagreeable in many ways, Glossary.
107 16, 5, 40; 6, 6, 4. This diversity of legislation is one of the
E 458 1
16-5-53
Heretics
gated in the western part of the Empire, and which so
condemned the aforesaid cults that it forbade their adherents to enter into any contracts and almost removed
them from association with the Roman world.
Given on the ninth day before the kalends of March at Constantinople in the year of the consulship of the Most Noble Varanes.February 21, 410.
further to convene publicly, in the accursed temerity of

their crime, they will suffer the penalty both of proscription and of blood."13
Given on the eighth day before the kalends of September in the
year of the consulship of the Most Noble Varanes.-August 25, 410.
The same Augustuses to Seleucus, Praetorian Prefect.

Those provisions" 4 which were able to be impetrated by
a pragmatic sanction or by an annotation of Our hand shall
be annulled. Those limitations which were formerly defined on this subject shall remain in force, and the sanction
of the former Emperors shall be observed. Moreover, unless from the date of the issuance of this law, all Donatist
priests38 as well as clerics and laymen should return to the
Catholic sect from which they have sacrilegiously withdrawn, then, as a punishment, all such persons of Illustrious rank shall be compelled to pay to Our fisc a fine of
fifty pounds of gold each; persons of Respectable rank,
forty pounds of gold; Senators thirty pounds of gold;
persons of Most Noble"' rank, twenty pounds of gold;
men of the rank of civil priest, thirty pounds of gold;
chief decurions, twenty pounds of gold; decurions, five
pounds of gold; tradesmen, five pounds of gold; plebeians,
five pounds of gold; Circumcellions,116 ten pounds of
silver each.
i. Unless the aforesaid heretics are delivered by the chief
tenants under whom they live or by the procurators, to
the enforcement officer on demand, the chief tenants and
procurators shall themselves be held subject to punishment. Thus the men of the estates of Our household shall
not be considered immune from such punishment. 2. The
wives also shall be separately bound by the same fine
as their husbands. 3. If any person should not be corrected by the imposition of such penalties, he shall surely
be pursued by the confiscation of all his property. 4. Slaves
also shall be recalled from the depraved religion by the
admonition of their masters, and coloni by frequent flogging, unless the masters themselves, although they are
Catholics, should prefer to be held liable to the aforesaid
fines.
5. The clerics and ministers of such heretics and their
most pernicious priests38 shall surely be removed from the
African soil which they have polluted by sacrilegious rites
and shall be separately sent into exile, under suitable escort,
into various regions. If the depraved bounty of such heretics has bestowed any landed estates on their churches,1 7
such churches or conventicles and landed estates shall be
vindicated to the ownership and control of the Catholic
Church, just as We formerly decreed.""8
52.

We decree that those provisions which were formerly
established by the lawt 1o of the sainted father of Our
Clemency against the Eunomians shall remain in force and
that hereafter they shall not give anything to each other
or obtain anything from each other by gift; likewise, they
shall neither bequeath nor take anything by testament.
They shall forfeit the emoluments which they customarily
obtained from gifts or from the wills of decedents by
mutual allurements through fraud and circumvention. Thus
they shall be totally deprived of participation in both such
rights,109 and in case of intestacy, only those persons shall
succeed them who were prescribed by the order transmitted in the ancient laws for the right of succession. Thus,
if none of those persons should survive who might be
legally called to an inheritance on intestacy, then the goods
of the decedent who died in the aforesaid superstition shall
belong to Our fisc. Moreover, prohibited gifts made in the
aforesaid manner shall be added to the increments of Our
sacred imperial treasury, 10- provided, however, that none
of the aforesaid heretics shall be permitted to request
anything and none to receive anything from Our munificence, even if We should perchance be willing voluntarily
to bestow anything therefrom on any person. Rather, such
property shall remain in the power of the fisc forever, unless reasons of the public interest should subject it to sale.
the Most Noble Varanes.-March 1, 40.
50. The same Augustuses to Strategius, Count of the Privy
Purse.
(To be added on the foregoing subject.) Thus, the
office staff of the privy purse shall clearly understand that
it will redound to their own peril if at any time, through
their own connivance, they should permit any of the
aforesaid goods to be delivered to any person, since the
authority of this law must not be circumvented in any
manner or for any reason.
the Most Noble Varanes.-March I, 410.
51.111 The same Augustuses to Heraclianus, Count of
Africa.
The divine imperial response" 2 in accordance with which
those persons of heretical superstition secretly resorted to
their own rites shall be entirely annulled, and all enemies
of Our holy faith4 shall know that if they should attempt
Given on the third day before the kalends of Februaryat Ravenna

fifth consulship of Theodosius Augustus.-January 30, 42.
many evidences of the increasing divergence between the eastern

and the western parts of the Empire.
108 16, 5, 25. This reading is contradicted by the fact that the law
was issued in the Eastern part of the Empire.
109 Of obtaining property by gift or by testament.
110 sacrarium. sacrarium aerarium, G.
111 16, 5, 56.
112 The reference is uncertain. G. compares Cod. Eccles. Afric.
C. 107 (Hardouin, I, p. 926). The divine imperial response, oraculum, was an imperial rescript, I, 15, 8, nn. 24, 25. Cf. 16, 5, 17.
113 Add: so that the true and divine worship may in no way be
desecrated by such contagion, 16, 5, 56, M.
114 The reference is obscure.
115 Clarissimi were usually classed as Senators.
116 circumcelliones,itinerant monks.
117 The Emperors usually avoided the word church for a meeting
place of heretics.
53. The same Augustuses to Felix, Prefect of the City.'1 9

The complaint of the bishops deplores the fact that
us16,
119
5, 43.
Praetorian prefect, mss. VE; but cf. 6,
is made of the glebal tax.
E459 ]
2, 21
where mention
Heretics
16-5'53
20 holds
Jovinianusl
sacrilegious meetings outside the walls
of the most sacred City. Therefore, We command that the
aforesaid person shall be arrested and beaten with leaden
whips and that he shall be forced into exile along with
the remaining adherents and ministers. He himself, as the
instigator, shall be transported with all haste to the island
of Boa;
21
the rest, as seems best, provided only that the
band of superstitious conspirators shall be dissolved by the

separation of exile, shall be deported for life to solitary
islands 2 1 situated at a great distance from each other.
Moreover, if any person with obstinate depravity should
repeat such forbidden and condemned acts, he shall know
that he will incur a more severe sentence.
Given on the day before the nones of March at Milan in the
consulship of Theodosius Augustus.-March 6, 412; 398.122
54. The same Augustuses to Julianus, Proconsul of Africa.

We decree that the Donatists and the heretics, who until
now have been spared by the patience of Our Clemency,
shall be severely punished by legal authority, so that by
this Our manifest order, they shall recognize that they are
intestable and have no power of entering into contracts
of any kind, but they shall be branded with perpetual
infamy and separated from honorable gatherings and from
public assemblies.
i. Those places in which the dire superstition has been
preserved until now shall surely be joined to the venerable
Catholic Church, and thus their bishops' 5 and priests,1 6
that is, all their prelates53 and ministers shall likewise be
despoiled of all their property and shall be sent into exile
to separate islandsz1 2 and provinces.
2. Moreover, if any person should receive the aforesaid
persons for the sake of harboring them as they flee from
the proposed punishment, he shall know that his patrimony
will be added to the resources of Our fisc and that he will
incur the penalty which has been proposed for the fugitives.
3. Furthermore, We manifestly impose the loss of their
patrimony and pecuniary penalties on each such man and
woman, whether a private person or a dignitary, and the
penalty must be assessed in accordance with their status. 2 8s
Therefore, if any person should be invested with the rank
of proconsul, vicar, or count of the first order, unless he
should turn his mind and purpose to the observance of the
Catholic religion, he shall be compelled to pay two hundred
pounds of silver which shall be added to the resources of
Our fisc. No person shall suppose that the foregoing penalty alone can suffice for checking their design, but as often
as any person shall be convicted of having joined such a
communion, so often shall the fine be exacted of him, and
if it should be proved five times that he is not recalled from
his false doctrine by such fines, then he shall be referred
to Our Clemency so that We may judge more rigorously
concerning his entire property and his status.
4. We bind the remaining dignitaries, moreover, with
conditions of this kind, namely, that if a Senator who is
fortified by no additional privilege of rank should be found
in the herd of Donatists, he shall pay one hundred pounds

of silver; those of the rank of civil priestl 24 shall be forced
to pay the same sum; the ten chief decurions shall be assessed fifty pounds of silver; the remaining decurions shall
pay ten pounds of silver if they should prefer to continue
in the heresy.
5. Moreover, if the chief tenants of the estates of Our
household should permit the aforesaid practices on the
landed estates of Our venerable substance, they shall be
forced to pay by way of fine whatever amount they have
been accustomed to pay as rental. Emphyteuticaries shall
also be bound by the same authority of Our sacred imperial
decree.
6. If, indeed, chief tenants of private persons should
permit conventicles to be held on their landed estates, or
if through their lenience, the sacred mystery should be
desecrated, the judges10 shall refer the matter to the
knowledge of the owners, whom it shall behoove, if they
wish to avoid the penalty of Our sacred imperial mandate,

to reform those who err or to replace those who persist and
to provide for their landed estates directors who will obey
Our imperial commands. But if the owners should neglect
to make this provision, they shall be fined, by the authority
of Our order as issued, the amount of the rentals which
they have been accustomed to receive, so that what could
have accrued to their profit shall be added to Our sacred
imperial treasury.
7. Moreover, if the apparitors of the various judgeso
should be apprehended in such false doctrine, they shall be
held to the payment of thirty pounds of silver by way of
fine; and if, after five condemnations, they should be
unwilling to abstain therefrom, they shall be chastised with
blows and sent into exile. 8. Slaves and coloni shall indeed
be restrained by the severest punishment from such daring
acts, and if coloni should be constrained by flogging but
should still persist in their course, then they shall be fined
a third part of their peculium. 9. Moreover, everything
which can be collected from such classes of men and from
such places shall be dispatched forthwith to the sacred
imperial largesses.
Given on the fifteenth day before the kalends of July at Ravenna
in the year of the consulship of Constantius and Constans.-June
17, 414.
55-125 The same Augustuses to Julianus, Proconsul of
Africa.
It is Our will that the proceedings as held against the
Donatists through the judicial investigation and supervision
of Marcellinus, 126 a man of Respectable memory, and as
transferred to the public records, shall have permanent
validity. For the trustworthiness of the State must not
27
perish on account of the death of the trial judge.1
Romel 28 in the consulship of Constantius and Constans.-August
30, 414.
sacerdotales.
CJ 7, 52, 6.
126 A tribune and imperial secretary who was sent to
Carthage
in 41, to settle disputes between the Catholics and Donatists, 16,
II, 3; Gest. Collat. Carth. a. 411, coll. Ic. 4 and 3c. 29 (Mansi vol.
4, PP. 53, 186) ; Ambrose, Epist. 64 (46, Ed. Paris), G.
127 cognitor.
128 Probably at Ravenna, as were the other laws issued in this
consulship.
124
125
120
A heretic who was condemned first at Rome and then at
Milan; Ambrose Epist. 81. See G.

121 Cf. the exile of the Apostle John to Patmos.
122
Both the content of the law and the place of issue oppose
412; cf. 6, 2, 21.
123 and We decree the penalties that must be assessed in accordance with their status, M.
[ 460
16-5-59
Heretics
56.129 The same Augustuses 'to Heraclianus, Count of
Africa.
All men who stealthily resort to their own rites of

heretical superstition shall know that, if they should attempt further to assemble in public, as enemies of the
sacrosanct rule of faith,4 they will incur the penalty both
of proscriptionso and of their life, on account of their rash
lawlessness in practicing their crime, so that the true and
divine worship may in no way be desecrated by such contagion.
Given on the eighth day before the kalends of September in the
year of the tenth consulship of Honoriuts Augustus and the sixth
consulship of Theodosius Augustus.-August 25, 415; 410.
57. The same Augustuses to Aurelianus, Praetorian Prefect for the second time.
The Montanists shall understand that they are deprived
of all right to assemble, to hold meetings, and to create
clerics. Moreover, if they should hold unlawful assemblies,
their clerics, bishops,1 5 priests,1 6 or deacons who have
attempted to hold such nefarious conventicles or have
dared to create clerics or have acquiesced in being created
clerics shall receive the sentence of deportation.
i. If, indeed, any person should receive the aforesaid
persons for the purpose of holding the forbidden meetings,
he shall undoubtedly understand that he will be deprived
of the property in which he allowed such meetings to be
held and the accursed mysteries to be performed, whether
such property was a house or a landholding. But if procurators should receive such persons without the knowledge
of their masters, they shall not doubt that they will be
severely punished and sent into exile. 2. Moreover, if any
of their buildings should now exist, which ought not to be
called churches but feral grottoes, such property with its
offertories shall be adjudged to the venerable churches of
the orthodox sect. This must be accomplished in such a
way that the property of private persons shall not be
molested, so that under the pretext of property belonging
to the churches 17 of the Montanists, despoliation and
plunder may not be perpetrated against private persons.
Given on the day before the kalends of November at Constantinople in the year of the tenth consulship of Honorius Augustus
and the sixth consulship of Theodosius Augustus.-October 31, 415.
The houses belonging to the Eunomian clerics, which
they have in Our renowned City, shall be assigned to the
resources of the fisc, if it is proved that nefarious assemblies have been held or baptism has been repeated in
such houses; for baptism is conceded only once by God,
after the analogy of the birth of man, which occurs only
once. i. In order that this crime may not be perpetrated
by other heretics also, We give warning that a similar
punishment may be expected by other heretical clergy, if
they should nefariously suppose that divine baptism should
be repeated. 2. Moreover, if any person by his own will
should voluntarily allow himself rashly to be tainted with or
wrongfully called away to a second baptism and repetition
of the mysteries of a faith granted only once, he shall not
escape the penalty of exile by relegation. 3. A like penalty
of deportation, without the intercession of any persons,
shall be visited upon the Eunomian clerics if they should
129
16, 5, 51.
130
Of their property.
dare to hold assemblies either in this renowned City or in

the provinces or municipalities and their territories, or if
they should dare to create or to be created clerics of the
accursed dogma.
3 1 which have
4. We therefore confirm previous laws
been promulgated not only about the prohibition of assemblies of the Eunomians, but also about their forbidden
last wills and gifts. We also add that if any of the Eunomians by special grant of imperial favor had obtained the
right to make a testament or should be grantedl' 2 the right
to give property or to receive it as a gift, they shall be
deprived of this benefit and shall be on an equality with
all the others to whom they are equal in the depravity of
their dogma. No Eunomian shall be permitted to make a
testament in favor of a Eunomian; no person of the af oresaid perversity shall receive anything under the testament
of a Eunomian; no person' 33 shall give to a Eunomian nor
any Eunomian receive from a Eunomian the gift of a
landed estate or house, even if, through an interposed
person'"4 of another sect or under title of a fictitious sale,
some fraudulent scheme to circumvent the law should be
devised. Only those persons who are eligible to become
heirs on intestacy, in accordance with the law, shall succeed to the inheritance of such persons,'and the right of
succession shall be .available only to those on whom the
rights of blood kinship bestow the statutory inheritances
of intestate persons.
5. If there should be any conventicles in their houses or
on their landholdings, according to the rule of the general
sanctions, such property shall undoubtedly be confiscated
to Our treasury, and the owner shall blame this on himself if he has knowingly allowed forbidden assemblies
to be held under his own roof or on his rural estate.
6. The regulation shall unhesitatingly be executed that
wherever Eunomian clerics are found who have been authors of repeated baptism, they shall be arrested and immediately sent into perpetual exile under the penalty of
deportation.
7. This also shall be added, that no Eunomian shall be
a member of the imperial service or shall undertake to
govern a province by the administration of any office
whatever. (Etc.)
Given on the eighth day before the ides of November at Constantinople in the year of the tenth consulship of Our Lord Honorius
Augustus and the sixth consulship of Our Lord Theodosius Augustus.-November 6, 415.
Prefect.
(After other matters.) The Manichaeans and the Phrygians, who are called Pepyzites, or Priscillianists, or by
some other more secret name, and likewise, the Arians,
Macedonians, and Eunomians, the Novatians, the Sabbatians, and all other heretics shall know that all privileges which are forbidden them by the authority of the
general sanctions shall be denied them by this constitution
also. If any persons should attempt to contravene the
interdicts of the general constitutions, they shall be
punished.
in the year of the consulship of Asclepiodotus and Marinianus.April 9, 423.
131 6, 5, 49-50.
132 Delete: should be granted, M.
133 no Eunomian shall give to a Eunomian, M.
134 As an intermediary.
135 CJ I, 5, 5.
E 461 ]
Heretics
16-5-6o
60. The same Augustuses to Asclepiodotus, Praetorian

Prefect.
We command to be enforced the provisions which were
established by the sainted grandfather and father1 3 1 of
Our Clemency concerning all heretics whose name and
false doctrine We execrate, namely, the Eunomians, the
Arians, the Macedonians, and all the others whose sects
it disgusts Us to insert in Our most pious sanction, all of
whom have different names but the same perfidy. All of
them shall know that if they persist in the aforesaid madness, they shall be subject to the penalty which has been
threatened. (Etc.)
Given on the sixth day before the ides of June137 at Constantinople in the year of the consulship of Asclepiodotus and Marinianus.-June 8, 423.

Prefect.
By this decree We remove every ambiguity of uncertain
interpretation, and We command to be published the fact
that the laws18 that is known to have been recently promulgated about the prohibition of Eunomians from membership in the imperial service and about all other rites of
execrable""* religions and professions does not apply to
such persons wflo are members of gubernatorial office
staffs.140 For they are bound to these apparitorships in
which veterans, after completion of their terms of imperial
service, are compelled to sustain compulsory service as
commissary officers.o4 0
Given on the sixth41 day before the ides of August at Eudoxiopolis in the year of the consulship of Asclepiodotus and Marinianus.
-August
8, 423.
62.142 Emperor Theodosius Augustus and Valentinian

Caesar to Faustus, Prefect of the City.
We command that the Manichaeans, heretics, schismatics, astrologers,1'4 and every sect inimical to the Catholics shall be banished from the very sight of the City of
Rome, in order that it may not be contaminated by the contagious presence of the criminals. An admonition, moreover, must be especially issued concerning those persons,
who by perverse persuasion withdraw from the communion
of the venerable Pope,1" and by whose schism the rest of
the common people also are corrupted. By the issuance of
this notification We grant to them a truce of twenty days.
Unless they return within that time to the unity of communion, they shall be expelled from the City as far as the
hundredth milestone and shall be tormented by the solitude of their own choice.
Given on the sixteenth day before the kalends of August at
Aquileia in the year of the eleventh consulship of Theodosius Augustus and the consulship of Valentinian Caesar.-uly 17 (August
6), 425.145
63. The same Augustus and Caesar to Georgius, Proconsul
of Africa.
We prosecute all heresies and all perfidies, all schisms
and superstitions of the pagans"5 and all false doctrines
136
Theodosius I and Arcadius.
July, Ms. V.
18s 16, 5, 58.
139 Or: prohibiting Eunomians from membership in the imperial
inimical to the Catholic faith.4 If indeed any persons . . .

this statutory punishment also of Our Clemency shall
attend them, and they shall know that, as authors of sacrilegious superstition and as participants and accomplices,
they will be punished with proscription, so that if they
cannot be recalled by reason from their perfidious false
doctrine, at least they may be restrained by terror. They
shall be punished with the severity due to their crimes, and
all recourse to supplication to the Emperor shall be forever
denied them. (Etc.)
Given on the day before the nones of Augustl46 at Aquileia in the
year of the eleventh consulship of Our Lord Theodosius Augustus
and the consulship of Valentinian Caesar.-August 4 (July 6), 425.
64.147 The same Augustus and Caesar to Bassus, Count of

the Privy Purse.
(After other matters.) We command that Manichaeans,
heretics, schismatics, and every sect inimical to the Catholics shall be banished from the very sight of the various
cities, in order that such cities may not be contaminated by
the contagious presence of the criminals. We therefore
order that all adherents of this unholy false doctrine shall
be excluded unless a speedy reform should come to their
aid. (Etc.)
Given on the eighth day before the ides of August at Aquileia in
the year of the eleventh consulship of Our Lord Theodosius Augustus and the consulship of Valentinian Caesar.-August 6, 425.145

to Florentius, Praetorian Prefect.
The madness of the heretics must be so suppressed that
they shall know beyond doubt, before all else, that the
churches which they have taken from the orthodox, whereever they are held, shall immediately be surrendered to the
Catholic Church, since it cannot be tolerated that those
who ought not to have churches"' of their own should
continue to detain those possessed or founded by the orthodox and invaded by such rash lawlessness.
i. Next, if they should join to themselves other clerics
or priests,3 8 as they consider them, a fine of ten pounds
of gold for each person shall be paid into Our treasury,
both by him who created such cleric and by him who allowed himself to be so created, or if they should pretend
poverty,1 4 9 such fine shall be exacted from the common
body of clerics of the aforesaid superstition or even from
their offertories.
2. Furthermore, since not all should be punished with
the same severity, the Arians, indeed, the Macedonians, and
the Apollinarians, whose crime it is to be deceived by harmful meditation and to believe lies about the Fountain of
Truth,1 5 0 shall not be permitted to have a church'1 17 within
any municipality. Moreover, the Novatians and Sabbatians
shall be deprived of the privilege of any innovation,'" if
perchance they should so attempt. The Eunomians, indeed,
the Valentinians, the Montanists or Priscillianists, the
Phrygians, the Marcianists, the Borborians, the Messalians,
the Euchites or Enthusiasts, the Donatists, the Audians,
the Hydroparastatae, the Tascodrogitae, the Photinians,
137
service and forbidding all other rites of execrable.

140 From these burdensome services not even heretics were
exempt. 16, 5, 65, 3.
141 The fifth according to 12, 3, 2.
142 16, 5, 64; Sirm. 6.
143 mathematici, "numerologists." 9, 16.
144 Papa. Pope Celestine I.
'45 I6, 2, n. 136.
146
147
July, 16, 2, 46.

16, 5, 62; Sirm. 6.
14 sCJ I, 5, 5; I, 6, 3.
149 paupertatem praetendere, allege
poverty as their defense,

pretend poverty.
150 Christ.
151 Such as the construction of new churches.
[ 462 ]
16-6-2
Holy Baptism Shall Not Be Repeated

the Paulians, the Marcellians, and those who have arrived
at the lowest depth of wickedness, namely, the Manichaeans, shall nowhere on Roman soil have the right to assemble and pray. The Manichaeans, moreover, shall be expelled from the municipalities, since no opportunity must
be left to any of them whereby an injury may be wrought
upon the elements themselves.152 3. No employment at all
in the imperial service shall be permitted them except on

gubernatorial office staffs in the provinces and as soldiers in
the camp. They shall be conceded no right at all to make

reciprocal gifts, no right to make a testament or last will.
All the laws which were formerly issued and promulgated

at various times against such persons and against all others
who oppose our faith, shall remain in force forever, by vig-
orous observance, whether concerning gifts made to the

churches"' of the heretics or property left in any manner
by last will, whether concerning private buildings in which
they have assembled with the permission or connivance of
the owner and which shall be vindicated to the Catholic
Church which must be venerated by us, or concerning a
procurator who has permitted such assembly without the
knowledge of the owner and who shall be subject to a fine
of ten pounds of gold, or to exile if he is freeborn, or, if he
is of servile condition, he shall be flogged and sent to the
mines. Moreover, such heretics shall not be able to assemble
in any public place or to build churchesx1 7 for themselves or
to devise any scheme for the circumvention of the laws.
They shall be prevented therefrom by all civil and military
power, and also by the power of the municipal councils and
defenders 00 and the judges,10 under threat of a fine of
twenty pounds of gold. Furthermore, all those laws which
were promulgated concerning the imperial service and concerning the right to make gifts or with reference to testamentary capacity,1 5 3 a capacity which must either be denied altogether or one that was barely conceded to certain
persons, and those laws concerning various penalties
against the different heretics, shall remain in full force,
and not even a special grant of imperial favor impetrated
contrary to the laws shall avail.
4. None of the heretics shall be given permission to lead
again to their own baptism either freeborn persons or their
own slaves who have been initiated into the mysteries of
the orthodox Church, nor indeed shall they be allowed
to prevent from following the religion of the Catholic
Church those persons whom they have bought or have
possessed in any way and who are not yet adherents of
their superstition. If any person should administer such
baptism, or should permit it to be administered to him, and
should not report the fact, if he is freeborn, he shall be
condemned to exile and a fine of ten pounds of gold, and
to both offenders shall be denied the right to make a testament or a gift.
5. We decree that all the foregoing provisions shall be
so enforced that no judge' 0 may order a minor punishment
or no punishment at all for such a crime when it is reported to him, unless he himself is willing to suffer the
penalty which through connivance he has remitted for
others.
Given on the third day before the kalends of June at Constantinople in the year of the consulship of Felix and Taurus.-May 30,
428.
152
I6, 5, 40; 9, 16, 5; Nov. Th. 3, 8.
158 testamenti factio, the right: ()
take under a testament.
to make a testament;
(2)
to
66.154 The same Augustuses to Leontius, Prefect of the

City.
Nestorius, the author of a monstrous superstition, shall
be condemned, and his followers 55 shall be branded with
the mark of an appropriate name, so that they may not
misuse the name of Christians. But just as the Arians, by
a law15 6 of Constantine of sainted memory, are called
Porphyrians, from Porphyrius, on account of the similarity
of their impiety, so adherents of the nefarious sect of
Nestorius shall everywhere be called Simonians,'" in order
that they may appear rightly to have received the name of
him whose crime they have imitated in deserting God.
i. Nor indeed shall any person dare to have or to read
or to copy the impious books of the nefarious and sacrilegious Nestorius, written against the venerable sect of the
orthodox and against the decrees of the most holy synod
of bishops held at Ephesus.158 We decree that the aforesaid books shall be diligently and zealously sought out and
publicly burned. 2. Moreover, no person shall make mentionso of such heretics by any other than the aforesaid
name in religious disputation; nor shall any person, either
secretly or openly, furnish a conventicle for the sake of
holding a council, in any building or villa or suburban place
or in any other place whatsoever. We decree that the aforesaid persons shall be deprived of all privilege of holding
assemblies; and all men shall know that a violator of this
law will be punished by the confiscation of his goods.
Given on the third day before the nones of August at Constantinople in the year of the fifteenth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.-August 3, 435.
TITLE 6: HOLY BAPTISM SHALL NOT BE RE-
PEATED
ETUR)
(NE SANCTUM BAPTISMA ITER-
Emperors Valentinian and Valens 3 Augustuses to
I.'
Julianus, Proconsul of Africa.

We judge to be unworthy of the priesthood that bishop 4
who repeats the sanctity of baptism by unlawful usurpation and, against the teachings of all, contaminates this
act of grace by repetition.
Given on the tenth day before the kalends of March at Trier in
the year of the consulship of Valentinian Augustus and the fourth
consulship of Valens Augustus.-February 20, 373.
Emperors Valens, Gratian, and Valentinian Augustuses

to Florianus,6 Vicar of Asia.
2.'
154 CJ I, 5, 6; Mansi 5, 413; 9, 249. Nestorius was Bishop of

Constantinople from 428 until he was condemned by the Council
of Ephesus in 431. His name was taken by the Nestorian heretics.
155 gregales, members of a herd.

156 Socrates, I, 9; Nicephorus 8, 25; Sozomenus I, 20.
157 From Simon Magus, Acts 8, 9-24.
158 In 431, Mansi 5, 413.
1 CJ i, 6. Cf. x6, 5, n. 85.
2 CJ , 6,
4 antistes, leader, prelate, bishop.
6
CJ 1, 6,
I.
8 and
Gratian.
1. Issued to Flavianus, Vicar of Africa, mss. of CTh.;
to Florianus, Vicar of Asia, mss. of CJ.

6According to M., this is a constitution of Valens and could not
have been issued to Nicomachus Flavianus, Vicar of Africa (CIL
6, 1783) ; the place of issue and the date do not agree, since Valens
did not come to Constantinople until May 30, 378. According to G.,
the constitution was issued by Gratian to Flavianus, Vicar of
Africa, but not at Constantinople (CP in the ms.); perhaps in the
year after the consulship (PC) ?
E 463 1
16-6-2
Holy Baptism Shall Not Be Repeated
We condemn the false doctrine of those persons who

trample under foot the precepts of the Apostles and who
do not purify, but defile by a second baptism, those persons who have received the sacraments of the Christian
name, and thus pollute them in the name of the baptismal
font.
Your Authority shall therefore order them to desist
from their miserable false doctrines, and the churches
which they retain contrary to good faith shall be restored
to the Catholic Church. The teachings, indeed, of those
persons who have approved the Apostolic faith without any
change7 of baptism shall be followed. For it is Our will
that nothing shall be taught except what the uncorrupted
faith and tradition of the Evangelists and Apostles have
preserved, just as the imperial law" of Our Fathers, Constantine, Constantius, and Valentinian, have decreed.
i. But very many persons who have been expelled from
the churches go about, nevertheless, with secret madness,
frequenting unlawfully the places of great houses or
estates. Such estates shall be included in the fiscal confiscation if they should provide secret places for the sinful
doctrine. Moreover, Our sanction shall not derogate anything from the law' which was previously established in
a regulation that was given to Nitentius. But if they love
their false doctrine, they shall cherish the poison of their
impious doctrine to their own hurt, in domestic secrecy
and alone.
Given on the sixteenth day before the kalends of November at
Constantinople in the year of the fourth consulship of Gratian Augustus and the consulship of Merobaudes.-October 17, 377.6
3. Emperors Arcadius, Honorius, and Theodosius Augustuses: An Edict.

We do not tolerate the devious false doctrines of rebaptism. (Etc.)

We provide, by the authority of this decree, that adversaries of the Catholic faith shall be extirpated. By this new
constitution, therefore, We especially decree the destruction of that sect which, in order not to be called a heresy,
prefers the appellation of schism. For those who are
called Donatists are said to have progressed so far in
wickedness that with criminal lawlessness they repeat the
sacrosanct baptism, thus trampling under foot the mysteries, and they have infected with the contagion of a profane repetition men who have been cleansed once for all
by the gift of divinity, in accordance with religious tradition. Thus it happened that a heresy was born from a
schism. Thence, a seductive false doctrine entices overcredulous minds to the hope of a second forgiveness, for
it is easy to persuade sinners that remission once granted
can be granted again. But if such remission can be granted
a second time in the same way, We do not understand why
it should be denied a third time.10 The aforesaid persons,
indeed, pollute with the sacrilege of a second baptism
slaves and men subject to their power. Wherefore, We
sanction by this law that if any person should hereafter
be discovered to rebaptize, he shall be brought before the

judge" who presides over the province. Thus, the offenders
shall be punished by the confiscation of all their property,
and they shall suffer the penalty of poverty, with which
they shall be afflicted forever. But if their children dissent
from the depravity of the paternal association, they shall
not forfeit the paternal inheritance. Likewise, if perchance they have been involved in the perversity of the
paternal depravity and prefer to return to the Catholic
religion, the right to acquire possession of such property
shall not be denied them.
i. Furthermore, those places or landed estates which
may appear henceforth to have furnished concealment to
such feral sacrilege shall be added to the resources of the
fisc, provided that it is disclosed that the master or mistress
was perchance present or granted consent; the master or
mistress, indeed, shall also be branded with a just sentence
of infamy. If, however, without the knowledge of the owners, such a crime is proved to have been committed in their
home, through the instrumentality of the chief tenant or
the procurator, the prejudicel 2 of confiscation of the landed
estate shall be suspended, and the authors of the crime in
which they have been implicated shall be flogged with
leaden whips and shall receive a sentence of exile with
which they shall be punished all the rest of their lives.
2. Moreover, in order that no person may be permitted
to conceal with secrecy and silence the guilty knowledge
of a sinful shame perpetrated within domestic walls, if
perchance any slaves should be forced to rebaptism, they
shall have the right to take refuge in a Catholic church,
so that they shall be defended by its protection against the
authors of this crime and association, by the protection
of a grant of freedom. Under this condition, they shall
be permitted to defend the faith which the masters have
attempted to wrest from them against their will. Defenders of the Catholic dogma must not be constrained to
the commission of crime by the law with which all other
men are bound who are placed under the power of another,
and it is especially fitting that all men, without any distinction of condition or status, shall be custodians of a celestially imparted sanctity.
3. If, indeed, any persons of the above mentioned sects
have not feared to administer baptism the second time or
if any persons by consenting and mingling in this association have not condemned the crime," they shall know that
they are forever denied not only the right to make a testament," but also to acquire anything under title of gift
or to enter into contracts, unless they should emend their
conceptions and should correct the false doctrine of a perverse mind by returning to the true faith.
4. The same punishment shall no less restrain those
persons also who have connived at the forbidden assemblies
or ministries of the aforementioned persons. Thus, if the
governors15 of the provinces, in contempt of this sanction,
should suppose that their consent ought to be given, they
shall know that they will be punished with a fine of twenty
pounds of gold, and their office staffs shall be subject to a
like condemnation. The chief decurions and defenders of
11 judex, the judge ordinary, the governor of the province, 16,
n. 2.
7
intermutatio, change, interchange, substitution.
9 16, 5, n. 126, G.
praejudicium.
13 this peculiar crime, M.
testari, with the meaning of testamenti factio;
6, 5, n. 153.
15 moderatores, the judges ordinary, n. ii.
12
14
8 Not extant.
10 A reductio ad absurdum.
E 464 1
I,
16-7-2
Apostates
the municipalities shall know that they will be held subject to the same fine unless they execute what We command, or if in their presence violence should be done to
the Catholic Church.
Antheniius.-February 12, 405.
In order that the polluted sects of the Donatists and the

Montanists may not violate the divine grace by repetition
of baptism, We remove by the severity of this regulation
the opportunity for deception, and We decree that certain
punishment shall follow such men and that if any person
should commit a crime against the Catholic religion by a
perverse dogma, he shall experience the avenging judgment
of the law. We command, therefore, that if any person
hereafter should be found to rebaptize, he shall be brought
before the judge" who administers the province, so that
he shall be punished by the confiscation of all his property
and shall pay the penalty of poverty. (Etc.)

No person shall resort to the crime of rebaptizing, nor
shall he endeavor to pollute with the filth of profaned religions and the sordidness of heretics those persons who
have been initiated in the rites of the orthodox. Although
We trust that from fear of a most severe threat no person
whatever has committed such a crime from the time that
it was interdicted,17 nevertheless, in order that men of depraved minds may abstain from unlawful acts even under
duress, it is Our will that the regulation shall be renewed
that if after the time that the law was issued any person
should be discovered to have rebaptized anyone who had
been initiated into the mysteries of the Catholic sect, he
shall suffer the penalty of the former statute,1 7 along with
the person rebaptized, because he has committed a crime
that must be expiated,"8 provided, however, that the person
so persuaded is capable of crime by reason of his age.
i. Furthermore, We do not permit to go unavenged that
transgression which was disregarded by the Emperors in
former times and is practiced by accursed men in violation
of the sacred law, and especially by those deserters and
fugitives from the company of the Novatians who strive
to be considered the authors rather than the more powerf ul
persons of the aforesaid sect,"9 whose name is derived from
the crime, inasmuch as they wish to be called Protopaschites. But if the Novatians should suppose that the day
of Easter, noteworthy and commemorated through the ages,
ought to be celebrated on another day than that observed
by the bishops4 of the orthodox, deportation as well as
proscription shall pursue the authors of such assemblies.
Against such persons an even more severe punishment
ought to have been promulgated, since in this crime they
even surpass the insanity of the heretics by observing the
festival of Easter at another time than that of the orthodox,
CJ I, 6, 2.
18 piaculare crimen, a piacular crime. Delete: because ...
and thus they venerate almost another Son of God than

the one whom We worship.
Given on the twelfth day before the kalends of April at Constantinople in the year of the consulship of the Most Noble Lucius.March 21, 43.

We order that the nefarious assemblies and the funereal
conventicles of the Eunomians shall be entirely prevented.
If any persons have usurped the title of bishops or clerics
or ministers and preside over such assemblies, or if there
should be any persons in whose homes or fields the unlawful conventicles of the Eunomians are held, unless the owners are defended in the aforesaid crime by ignorance, when
they have been apprehended in such wickedness, they shall
incur the sentence of proscription and shall be punished
with the forfeiture of their goods. Those persons, indeed,
who are discovered in their monstrous madness to rebaptize
those who have been imbued with the faith, as has been said,
together with those who are rebaptized, if the latter are of
that age at which they can be held accountable for criminal
acts....
Given on the fourth day before the kalends of April in the year of
the consulship of the Most Noble Lucius.-March 29, 413-
TITLE 7: APOSTATES' (DE APOSTATIS)

i. Emperors Gratian, Valentinian, and Theodosius Au-

Those Christians who have become pagans shall be deprived of the power and right to make testaments,' and
every testament of such decedent, if there is a testament,
3
shall be rescinded by the annulment of its foundation.
Given on the sixth day before the nones of May at Constantinople
in the year of the consulship of Syagrius and Eucherius.-May 2,
381.
2. The same Augustuses to Postumianus, Praetorian Prefect.

If Christians and those confirmed in the faith4 have
turned to pagan rites and cults, We deny them all power
to make a testament in favor of any person whatsoever,
so that they shall be outside the Roman law. i. But if any
persons are Christians and catechumens only and should
neglect the venerable religion and go over to altars and
temples, and if they have children or brothers german, that
is, their own heirs5 or statutory ones, such Christians shall
be deprived of the right to make a testament according to
their own discretion in favor of any other persons whatsoever. 2. The same general rule shall be observed with respect to their persons in taking property under a will, so
that they may not vindicate for themselves any rights at
all in taking inheritances under testaments, except for their
own 5 successions and statutory ones which could come to
them from the goods of their parents or brothers german,
even by the disposition of a last will duly executed, if the
occasion should arise. They must unquestionably be excluded from all power not only to make testaments but also
to enjoy them under any right of acquiring an inheritance.
Given on the thirteenth day before the kalends of June at Constantinople in the year of the second consulship of Merobaudes and
the consulship of Saturninus.-May 20, 383.
16
M.
crime,
19 Or: considered the authors of the aforesaid sect rather than

as more powerful persons. The translation and meaning are conjectural.
1 Brev. 16, 2;
2 16, 6, n.
14.
CJ
I, 7. Cf. 16,
5, n. 85.
3 submota conditione.
4 Christiani ac fideles.
5 suae successiones; inheritances that come to sui heredes, sui
heredes.
C 465 1
16'7-3
Apostates
3. The same Augustuses to Hypatius, Praetorian Prefect.
By denying them the liberty to make testaments, 2 We

avenge the criminal act of Christians who turn to altars and
temples.' The disgraceful acts of those persons who have
disdained the dignity of the Christian religion and name
and have polluted themselves with Jewish contagions shall
be punished also. But those who at any time prefer to frequent the nefarious retreats and the wicked seclusion of the
Manichaeans shall be pursued constantly and perpetually
by that penalty which even Our progenitor Valentinian, of
sainted authority, has prescribed" and which Our decrees
have no less frequently commanded. The authors, moreover,
of this persuasion, who have deflected unstable minds to
their own society, shall incur the same penalty as those
guilty of such a false doctrine.9 Furthermore, We decree
that even heavier penalties, according to the discretion of
the judges'o and the nature of the crime committed, shall
in general be extraordinarily imposed upon the nefarious
artificers of this crime.
i. But in order that the dead may not be harassed by the
perpetual outrage of criminal accusation or that questions
of inheritance which have been extinguished through various lapses of many years may not be continually agitated
into revived conflicts, We prescribe a time limitation for
such inquisitions. Thus if any person" should accuse the
decedent of having violated and deserted the Christian religion and should contend that the decedent went over to
the sacrileges of temples, to the Jewish rites, or to the infamy of the Manichaeans, and for this reason should affirm
that the decedent was disqualified for making a testament,
the accuser shall bring the suit to which he is entitled, and
he shall obtain the institution of a future trial of this kind
within an uninterrupted period of five years, as has been
legally established for actions in cases of inofficiosity," provided that he shall show that he testified under public attestation and shall prove his charge, that during the lifetime of the person who is to be accused of apostasy, the
accuser reprehended such disgrace and wickedness. For if
any person through his silence is proved to have given his
assent to the person who violated the Supernal Name, and
thus to have acquiesced in such crimes through perfidy, he
shall not thereafter bring an accusation of apostasy as
though he were ignorant of the crimes."3
Given on the twelfth day before the kalends of June at Padua
Emperors Valentinian, Theodosius, and Arcadius Augustuses to Flavianus, Praetorian Prefect.

If any persons should betray the holy faith and should
profane holy baptism, they shall be segregated from the
community of all men, shall be disqualified from giving
4.14
Brev. 16, 2, I; CJ I, 7, 2.
7 Of the pagans.
8 16, 5, 3.
9 rei erroris hujuscemodi, those guilty of believing such a false
doctrine.
lo judices, judges ordinary, governors of provinces, 16, I, n. 2.
11 An heir who would obtain all or part of the estate.
12 The plaintiff attacks the will on the ground that it is inofficious. 2, 19, 5.
1 The text is corrupt. The translation follows M.'s reconstruction.
G. suggests: provided that unless he should prove that the person
who is to be accused of apostasy was a participant in such disgrace
and wickedness during his lifetime, unless the accuser should so
testify under public attestation and should prove his charge, he
6
shall not.
14 I,
39, II; CJ I, 7, 3.
testimony," and, as We have previously ordained, they

shall not have testamentary capacity;16 they shall inherit
from no person, and by no person shall they be designated
as heirs. We should also have ordered them to be expelled
and removed to a distance if it had not appeared to be a
greater punishment to dwell among men and to lack the
approval of men. i. But never shall they return to their
former status; the disgracefulness of their conduct shall
not be expiated by penitence nor concealed by the shadow
of any carefully devised defense or protection, since fiction
and fabrication cannot protect those persons who have polluted the faith which they had vowed to God, who have
betrayed the divine mystery and have gone over to profane
doctrines. Help is extended to those persons who have
slipped and to those who go astray, but those who are lost,
that is, those who profane holy baptism, shall not be aided
by any expiation through penitence, which customarily
avails in other crimes.
Given on the fifth day before the ides of May at Concordia in
the year of the consulship of Tatianus and Symmachus.-May ii
(June 9), 391.
5. The same Augustuses to Flavianus, Praetorian Prefect.

If any splendor of rank has been conferred upon or is
inborn in those persons who have departed from the faith
and are blinded in mind, who have deserted the cult and
worship of the sacrosanct religion and have given themselves over to sacrifices, they shall forfeit such rank, so
that, removed from their position and status, they shall be
branded with perpetual infamy and shall not be numbered
even among the lowest dregs of the ignoble crowd. For
what can they have in common with men if with nefarious
and feral minds they scorn the grace of communion and
withdraw from mankind?
Given on the fifth day before the ides of May at Concordia in the
year of the consulship of Tatianus and Symmachus.-May ii (June
9), 39'.

If any persons have defiled themselves with the impious
superstition of idolatry when they were Christians, they
shall incur the penalty of not having the power to make a
testament for the benefit of extraneous persons, but the
aforesaid offenders shall have as heirs a specific succession
of their family, namely, father and mother, brother and
sister, son and daughter, grandson and granddaughter; and
no such person shall vindicate to himself the power to proceed farther.
Given on the tenth day before the kalends of April at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-March 23, 396.

(After other matters.) The voice of unremitting accusation shall assail the sacrilegious name of each and every
apostate, and the investigation of such a crime shall not
be prevented by any time limitations. i. Although previous
interdicts suffice for such persons, We repeat, nevertheless,
the well known provision that after they have deviated
from the faith, they shall have no power to make a testa7.17
15 alieni testimoniis.
16 testanenti factio,
the right to make wills or to receive inheritances under wills, 16, 6, n. 14.
17 CJ I, 7,
4.
[ 466 J
Jews, Caelicolists, and Samaritans

ment or gift, nor shall they be permitted to defraud the
law by the pretense of a sale, and on intestacy all their
property shall be bestowed on near kinsmen, preferably
on those who are adherents of Christianity. 2. It is Our
will, moreover, that the right of action against such sacrilege
shall be perpetuated to such an extent that to all persons
who come to an inheritance on intestacy We shall not
deny the unrestricted right of due accusation, even after
the death of the sinner, nor shall We allow the action to
be obstructed if it is said that nothing was adduced in
attestation18 during the lifetime of the profane person.
3. But in order that the aforesaid crime may not be
interpreted too broadly through the error of uncertainty,
by Our present divine response" We pursue those persons
who have made sacrifices or who have commanded them to
be made, after they had assumed the name of Christianity.
The proved perfidy of such persons, even after death, shall
be punished as follows: their gifts and testaments shall be
rescinded, and their inheritances shall be obtained by those
heirs upon whom this right is conferred by statutory succession.
Given on the seventh day before the ides of April at Ravenna in
the year of the twelfth consulship of Theodosius Augustus and the
second consulship of Valentinian Augustus.-April 7, 426.
16.8-7
are. Moreover, such persons who are not decurions shall

enjoy perpetual exemption from the decurionate.
Given on the third day before the kalends of December at Constantinople in the year of the consulship of Gallicanus and Symmachus.9-November 29, 330.
3. The same Augustuses to the Decurions of K6ln.
By a general law We permit all municipal senates to

nominate Jews to the municipal council. But in order that
something of the former rule may be left them as a solace,
We extend to two or three persons from each group the
perpetual privilege of not being disturbed by any nominations.
Given on the third day before the ides of December in the year
of the second consulship of Crispus and Constantine Caesars.-December II, 321.
4. The same Augustus to the Priests,o Rulers of the Synagogues, Fathers of the Synagogues, and all others who
serve in the said place.
We command that priests,10 rulers of the synagogues,
fathers of the synagogues, and all others who serve the
synagogues shall be free from every compulsory public
service of a corporal nature.
Given on the kalends of December at Constantinople in the year
of the consulship of Bassus and Ablavius.-December 1, 331; 330.
TITLE 8: JEWS, CAELICOLISTS, AND SAMARITANS' (DE JUDAEIS, CAELICOLIS, ET SAMARITANIS)

I.2 Emperor Constantine Augustus to Evagrius.
It is Our will that Jews and their elders and patriarchs

shall be informed that if, after the issuance of this law,
any of them should dare to attempt to assail with stones
or with any other kind of madness-a thing which We
have learned is now being done-any person who has fled
their feral sect and has resorted to the worship of God,'
such assailant shall be immediately delivered to the flames
and burned, with all his accomplices.
I. Moreover, if any person from the people should betake himself to their nefarious sect and should join their
assemblies, he shall sustain with them the deserved punishments.
Given on the fifteenth day before the kalends of November at
Murgillum5 in the year of the fourth consulship of Constantine
Augustus and Licinius.-October 18 (I9), 315; August 13, 339.
2.
The same Augustus to Ablavius, Praetorian Prefect.

If any persons with complete devotion should dedicate
themselves to the synagogues of the Jews" as patriarchs

and priests 7 and should live in the aforementioned sect and
preside over the administration of their law, they shall
continue to be exempt from all compulsory public services
that are incumbent on persons, as well as those that are
due to the municipalities." Likewise, such persons who are
now perchance decurions shall not be assigned to any duties
as official escorts, since such men shall not be compelled

for any reason to depart from those places in which they
18
No charges were formally brought in court.
19 oraculum, I, 15, 8,
1 Brev.
n.
24-25.
16, 3; CJ I, 9. Cf. 16, 5, n. 85, and see the Glossary for
technical terms.
2 QJ 1, 9, 3.
8 Praetorian Prefect in CJ and in 14, 8,
5.11
The same Augustus to Felix, Praetorian Prefect.
(After other matters.) Jews shall not be permitted to

disturb any man who has been converted from Judaism to
Christianity or to assail him with any outrage. Such contumely shall be punished according to the nature of the act
which has been committed. (Etc.)
Constantinople.-October 22 (21), (335). Posted on the eighth day
before the ides of May at Carthage in the year of the consulship
of Nepotianus and Facundus.-May 8, 336.12
[INTERPRETATION:] This law does not need any interpretation.
6. Emperor Constantius Augustus to Evagrius.

(After other matters.) In so far as pertains to the
women who were formerly employed in Our imperial weaving establishment and who have been led by the Jews into
the association of their turpitude, it is Our pleasure that
they shall be restored to the weaving establishment. It shall
be observed that Jews shall not hereafter unite Christian
women to their villainy; if they should do so, however,
they shall be subject to the peril of capital punishment.
Given on the ides of August in the year of the second consulship
of Constantius Augustus.1a-August r3, 339.
7.14 The same Augustus and Julian Caesar to Thalassius,

Praetorian Prefect.
In accordance with the venerable law which has been

established, We command that if any person should 5 be
>Bassus,
ms. E, making the date 317, since this constitution
comes between two others, in 315 and 321.

10 Hiereis, a Greek word.
11 16, 9, I; Brev. 16, 3, I; Sirm. 4.
12 It is uncertain whether the year of the consulship

(335)
should be referred to the date of the issuance of this law or to
the date when it was posted.
13
and the consulship of Constans, 16, 9, 2.
1
4 Brev. 16, 3, 2; CJ I, 7, I; Amm. Marc. 14, 7, 9; 14, I, Io;
22, 9, 16.
1.
Christianity.
5 The fourteenth day before the kalends at Milan in Vatic. 273.

6 16, 8, 13.
7 presbyteri.
8 personalia quam civilia munera.
15 If any person should spit upon the venerable law, should be

converted . . . and should join their sacrilegious gatherings, We
command when, M.
E 467 1
16-8-7
converted from Christianity to Judaism and should join

their sacrilegious gatherings, when the accusation has been
proved, his property shall be vindicated to the ownership
of the fisc.
i i. The same Augustuses to Claudianus, Count of the

Orient.
If any person should dare in public to make an insulting
mention of the Illustrious patriarchs, he shall be subject
Given on the fifth day before the nones of July at Milan in the
year of the ninth consulship of Constantius Augustus and the sec-
to a sentence of punishment.
ond consulship of Julian Caesar.-July 3, 357; 352; 353-16
[INTERPRETATION:] This law does not need any interpretation.
Given on the eighth day before the kalends of May at Constantinople in the year of the fourth consulship of Arcadius Augustus
12.
8. Emperors Theodosius, Arcadius, and Honorius Au-

The complaints of the Jews allege that certain persons
whom they themselves, by their own decision and will, have
cast out have been restored to their sect by the authority
of the judges, 17 although the primates of their law protested. We order the aforesaid outrage to be abolished
altogether. Nor shall a zealous group of persons in the
aforesaid superstition"' obtain the power of undeserved"
reconciliation, either through the power of the judges"
or by surreptitiously obtaining a rescript against the wishes
of their primates who, by the decision of their Most Noble

and Illustrious patriarchs, manifestly have the right to
pronounce sentence concerning their own religion.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the second consulship of Arcadius Augustus and the consulship of Ruflnus.-April 17, 392.
9. The same Augustuses to Addeus, Count and Master of

both branches of the Military Service in the Orient.
It is sufficiently established that the sect of the Jews
is forbidden by no law. Hence We are gravely disturbed
that their assemblies have been forbidden in certain places.
Your Sublime Magnitude will, therefore, after receiving
this order, restrain with proper severity the excesses of
those persons who, in the name of the Christian religion,
presume to commit certain unlawful acts and attempt to
destroy and to despoil the synagogues.
Given on the third day before the kalends of October at Constantinople in the year of the third consulship of Theodosius Augustus and the consulship of Abundantius.-September 29, 393.
10.20 Emperors Arcadius and Honorius Augustuses to the
Jews.
No person outside the religion of the Jews shall establish prices for the Jews when they offer their wares for
sale. For it is just to entrust to each man his own. Therefore, the governors 21 of the provinces shall allow no person to be an investigator or a regulator2 for you. But if
any person except yourselves and your leaders should dare
to assume for himself the aforesaid responsibility, the governors shall hasten to restrain him by punishment as one
seeking alien rights.
The same Augustuses to Anatolius, Praetorian Prefect
of Illyricum.
21
Your Exalted Authority shall direct that the governors
shall be notified, so that they shall know on receipt of this

notice that all insults of persons attacking the Jews shall
be averted and that their synagogues shall remain in their
accustomed quietude.
Given on the fifteenth day before the kalends of July at Constantinople in the year of the consulship of Caesarius and Atticus.
-June -7, 397.
The same Augustuses to Caesarius, Praetorian Prefect.

Jews shall be bound by their own ritual. Meanwhile, in
preserving their privileges, We shall imitate the ancients
by whose sanctions it was determined that those privileges
which are conferred upon the first clerics of the venerable
Christian religion shall continue, by the consent of Our
Imperial Divinity, for those persons who are subject to
the power of the Illustrious Patriarchs, for the rulers of
the synagogues, the patriarchs,2 3 and the priests, and for
all the rest who are occupied in the ceremonial of that religion. The foregoing, indeed, was decreed by the divine
imperial authority of the sainted Emperors Constantine 2 4
and Constantius, 25 Valentinian and Valens." Such Jews
13.
shall therefore be exempt from the compulsory public
services of decurions and shall obey their own laws.

Given on the kalends of July in the year of the consulship of
Caesarius and Atticus.-July I, 397.

It is characteristic of an unworthy superstition that the
rulers of the synagogues or the priests of the Jews or those
whom they themselves call apostles, who are dispatched by
the patriarch at a certain time to collect gold and silver,
should bring back to the patriarch the sum which has been
exacted and collected from each of the synagogues. Wherefore, everything that We are confident has been collected,
taking into consideration the period of time, shall be faithfully dispatched to Our treasury. For the future, moreover,
We decree that nothing shall be sent to the aforesaid patriarch. The people of the Jews shall know, therefore, that
Given on the third day before the kalends of March at Constantinople in the year of the fourth consulship of Arcadius Augustus
and the third consulship of Honorius Augustus.-February 28, 396.
We have abolished the practice of such depredation. But

if any persons should be sent on such a mission of collection by that despoiler of the Jews, they shall be brought
before the judges,17 in order that a sentence may be pronounced against them as violators of Our laws.
Musonianus was Praetorian Prefect in 357, Thalassius died
Given on the third day before the ides of April at Milan in the
year of the consulship of the Most Noble Theodorus.-April II, 399.
16
while Praetorian Prefect in 353; Amm. Marcell. 14, 7, 9; 14, I, 10.
Perhaps this law should be dated in 352, in the year of the fifth
consulship of Constantius Augustus and the consulship of Constantius Caesar. Milan as the place of issue can be reconciled with
352 but not with 357, M.
judices, judges ordinary, governors of provinces, 16, 1, n. 2.

1s Nor shall a group of persons, when excluded from the afore17
said superstition, M.
19 undesired, M.
21
rectores.
20
22
I, 9, 9.
Of the prices of your wares.
15. The same Augustuses26 to Eutychianus, Praetorian

Prefect.
We decree that all the privileges which Our father of
sainted memory and previous Emperors have conferred
delete patriarchs or substitute fathers therefor, M.
16, 8, 2 and 4.
25 Not extant.
23Either
24
[ 468 1
16-8-21

upon the Respectable patriarchs or upon those persons
whom the patriarchs have placed in authority over others
shall retain their full force.
Given on the third day before the nones of February at Constantinople in the year of the sixth consulship of Honorius Augustus
and the consulship of Aristaenetus.-February3, 404.
16. The same Augustuses to Romulianus, Praetorian Pre-
fect. 2 7
We decree that the Jews and Samaritans who flatter
themselves with the privilege of members of the secret
service shall be deprived of all employment in the imperial
service.
Given on the tenth day before the kalends of May at Rome in the
year of the sixth consulship of Honorius Augustus and the consulship of Aristaenetus.-April 22, 404.

We had formerly ordered2 8 that what was customarily
contributed by the Jews of these regions29 to the patriarchs
should not be contributed. Now We revoke the first order
in accordance with the statutory privileges granted by the
early Emperors, and it is Our will that all men shall know
that the privilege of sending this contribution is hereby
conceded to the Jews by Our Clemency.
Given on the eighth day before the kalends of August at Rome
in the year of the sixth consulship of Honorius Augustus and the
consulship of Aristaenetus.-July 25, 404.

The governors"' of the provinces shall prohibit the Jews,
in a certain ceremony of their festival Haman in commemoration of some former punishment, from setting fire
to and burning a simulated appearance of the holy cross,"1
in contempt of the Christian faith and with sacrilegious
mind, lest they associate the sign of Our faith with their
places.3 2 They shall maintain their own rites without contempt of the Christian law, and they shall unquestionably
lose all privileges that have been permitted them heretofore unless they refrain from unlawful acts.
Given on the fourth day before the kalends of June at Constantinople in the year of the consulship of Bassus and Philippus.-May
408.
29,
The same Augustuses to Jovius, Praetorian Prefect.

A new crime of superstition in some way shall vindicate
to itself the name of Caelicolists," hitherto unheard of.
Unless such persons return to the worship of God and the
veneration of Christianity within the limits of one year,
they shall know that they also will be held subject to those
laws by which We have commanded heretics to be restrained. For it is certain that if any doctrine differs from
the faith of the Christians, it is contrary to Christian law.
Certain persons, indeed, unmindful of their own lives35
19.3
17
9, 38, lo.
28
16, 8, 14.
29 In the western part of the Roman Empire. The law was is-
and of Our law, dare to misuse this faith to such an extent

that they compel certain Christians to assume the detestable
and offensive name of Jews. Although those persons who
have committed this crime have rightly been condemned
by the laws" of previous Emperors, nevertheless, We are
not displeased to admonish them frequently, in order that
those persons who have been instructed in the Christian
mysteries may not be forced to adopt a perversity that is

Jewish and alien to the Roman Empire, after they have
adopted Christianity. If any persons should suppose that
they should attempt such a course, We direct that the
authors of the deed, with their accomplices, shall be subject to the penalty provided by previous laws," since indeed it is more grievous than death and more cruel than
murder3 7 if any person of the Christian faith should be
polluted by Jewish disbelief. We order, therefore, that no
person who is harmful to the churches ... or to lead away
the . . . of anyone,38 with Our regulation that is faithful
and devoted to God. We sanction, under this limitation, of
course, that if any person should attempt to contravene this
law, he shall know that he will be held guilty of the crime
of high treason.
Given on the kalends of April at Ravenna in the year of the
eighth consulship of Honorius Augustus and the third consulship of
Theodosius Augustus.-April I, 409.
If it should appear that any places are frequented by

conventicles of the Jews and are called by the name of
synagogues, no one shall dare to violate or to occupy and
retain such places, since all persons must retain their own
property in undisturbed right, without any claim" of religion or worship.
i. Moreover, since indeed ancient custom and practice
have preserved for the aforesaid Jewish people the consecrated day of the Sabbath, We also decree that it shall be
forbidden that any man of the aforesaid faith should be
constrained by any summons on that day, under the pretext of public or private business, since all the remaining
time appears sufficient to satisfy the public laws, and since
it is most worthy of the moderation of Our time that the
privileges granted should not be violated, although sufficient provision appears to have been made with reference
to the aforesaid matter by general constitutions2 5 of earlier
Emperors.
Given on the seventh day before the kalends of August at Ravenna
fifth consulship of Theodosius Augustus.-July 26, 412.
21."o The same Augustuses to Philippus, Praetorian Prefect of Illyricum.

No person shall be trampled upon when he is innocent,
on the ground that he is a Jew, nor shall any religion cause
any person to be exposed to contumely. Their synagogues
and habitations shall not be burned indiscriminately, nor
shall they be injured wrongfully without any reason, since,
moreover, even if any person should be implicated in
sued at Rome.
so CJ I, 9, II.
si The gallows of Haman, at the feast of Purim; compare the
Book of Esther.
32 joCiS, their jokes, pranks, M.
3- 16, 5, 43; CJ 1, 9, 12; I, 12, 2.
3 Or: The name of Caelicolists . . . shall vindicate to itself a
new crime; that is, the name itself shall be a crime.
3 persons of worthless lives and unmindful of Our law, M.
36
3
6,
8,
; 16, 7, 2-3.
Vigorous rhetoric; compare Eccl. 7, 26.
38 no person, either guilty or innocent, who flees to a church

for sanctuary, shall be dragged therefrom and absolutely no Jew
shall be allowed to lead away the slave of any person therefrom, M.
3 intentio, claim, charge, accusation, striving, argument, reference.
40 CJ I, 9, 14.
[4691
16-8-21
crimes, nevertheless, the vigor of Our courts and the protection of public law appear to have been established in
Our midst for the purpose that no person should have the
power to seek his own revenge.
But just as it is Our will that the foregoing provision
shall be made for the persons of the Jews, so We decree
that the Jews also shall be admonished that they perchance
shall not become insolent and, elated by their own security,
commit any rash act in disrespect of the Christian religion.
Given on the eighth day before the ides of August at Constantinople in the year of the ninth consulship of Honorius Augustus
and the fifth consulship of Theodosius Augustus.-August 6, 412;
418;41 420.
The same Augustuses to Aurelianus, Praetorian Prefect for the second time.
Since Gamaliel43 has supposed that he could do wrong
with impunity, all the more because he has been elevated to
the pinnacle of honors, Your Illustrious Authority shall
know that Our Serenity has dispatched instructions to the
Illustrious master of offices that Gamaliel shall be deprived
of the imperial letters patent conferring on him the rank
of honorary prefect, so that he shall remain with that
honor which he had before he was appointed to the prefecture. Hereafter he shall cause no synagogues to be
founded, and if there are any synagogues in desert places
which can be destroyed without sedition, he shall have it
done. He shall have no power to judge between Christians;
and if a dispute should arise between them and the Jews,
it shall be decided by the governor 21 of the province. If he
himself or any other of the Jews should attempt to pollute
a Christian or a man of any sect, freeborn or slave, with
the Jewish stigma," he shall be subjected to the severity of
the laws. Moreover, if he retains in his power any slaves
of the Christian faith, according to the law25 of Constantine, they shall be delivered to the Church.
22.42

Constantinople in the year of the tenth consulship of Honorius
Augustus and the sixth consulship of Theodosius Augustus.October 20, 415.
23. The same Augustuses to Annas, Didascalus,4 5 and the

Elders of the Jews.
It has been established both by ancient sanctions 46 and
by Our own 25 that when We learn that men bound to the
Jewish religion wish to become associated in the fellowship
of the Church4 7 for the purpose of evading prosecution for
crimes or on account of different necessities, 48 such acts
are practiced not through devotion to the faith, but by the
deception of hypocrites. Hence, judges17 of the provinces
in which such crimes are said to have been committed shall
know that obedient service must be granted to Our statutes
in such a way that they shall allow such persons" to return
to their own law, if they should perceive that any of them
41 In the year of the twelfth consulship of Honorius Augustus
and the eighth consulship of Theodosius Augustus (418), 6, 23,
I; 16, 2, 45, M.
42CJ I, 9, 15.
a Jewish patriarch who became honorary praetorian prefect.

4 Judaica nota, the Jewish stigma: circumcision.
45 Or: Annas didascalus,Annas, the teacher, the rabbi, 16, 9, n. 7.
4 9, 45, 2.
4 Or: men of the Jewish religion who are involved in obligations. men bound to the fellowship of the Jewish religion have
wished to become associated with the Church, M.
4 necessitates, necessities, compulsory public services.
4 only such persons, M.
do not persist in the constancy of religious confession in

the aforesaid worship or have not been imbued with the
faith and the mystery of venerable baptism; because more
suitable provision is thus made for Christianity.
Given on the eighth day before the kalends of October at Ravenna
the consulship of Palladius.-September24, 46.

Those persons who live in the Jewish superstition shall
hereafter be barred from seeking entrance to the imperial
service. To those persons who have undertaken the oaths
of enlistment in the imperial service as members of the
secret service gr as palatines We grant the right to complete such service and to end it within the statutory periods,
ignoring the fact rather than favoring it. But the regulation which We wish to be relaxed for a few at present
shall not be permitted in the future.
We decree, however, that those persons who are bound
to the perversity of this race and who are proved to have
sought armed imperial service shall unquestionably be released from their cincture of office, and they shall not be
protected by the patronage of their earlier merits.
Indeed, We do not prohibit Jews instructed in liberal
studies from acting as advocates, and We permit them to
enjoy the honor of the compulsory public services of decurions, which they obtain through the prerog&tive of birth
and splendor of family.
Since the aforesaid privileges ought to suffice them, they
must not consider the prohibition of imperial service as a
mark of infamy.
eighth consulship of Theodosius Augustus.-March 10, 418.

Prefect.
It is Our pleasure that in the future no synagogue at all
of the Jews shall be indiscriminately taken away from
them or consumed by fire, and that if, after the issuance of
this law, 50 there are any synagogues which by recent attempt have been thus seized, vindicated to the churches, or
at any rate consecrated to the venerable mysteries, the
Jews shall be granted as compensation therefor, places in
which they can construct synagogues commensurate, of
course, with those that were taken away. i. If any offertories have been removed, they shall be restored to the
aforesaid Jews if they have not yet been dedicated to the
sacred mysteries, but if venerable consecration does not
permit their return, a price equal to the value thereof shall
be paid as compensation for them. 2. In the future no
synagogues shall be constructed, and the old ones shall remain in their present condition.
Given on the fifteenth day before the kalends of March at Constantinople in the year of the consulship of Asclepiodotus and
Marinianus.-FebruaryIS, 423.
26." The same Augustuses to Asclepiodotus, Praetorian

Prefect.
Known and published to all men are Our decrees and
those of Our ancestors, by means of which We have suppressed the spirit and audacity of the abominable pagans,
of the Jews also, and of the heretics. Nevertheless, We
gladly embrace the opportunity to repeat the law, and it is
50 the law of Our grandfather, 16, 8, 9, M.
E 470 ]
51CJ I, 9, 16.
16-9-3
No Jew Shall Have a Christian Slave

Our will that the Jews shall know that, in response to their
pitiable supplications, We sanction only that those persons
who commit many rash acts under the pretext of venerable
Christianity shall refrain from injuring and persecuting
them, and that now and henceforth no person shall seize
or burn their synagogues. Nevertheless, the Jews themselves shall be punished by proscription of their goods and
by exile for life if it should be established that they have
circumcised a man of Our faith or have ordered him to be
circumcised. (Etc.)
in the year of the consulship of Asclepiodotus and Marinianus.April 9, 423-

Prefect.
Our recent decrees52 about Jews and their synagogues
shall remain in full force, namely, that they shall not be
permitted to construct new synagogues and that they shall
not fear that the old ones will be taken from them. But
they shall know5 3 that all other prohibitions must be observed in the future, as the general rule of the constitution"4 recently issued declares. (Etc.)
Given on the sixth day before the ides of June at Constantinople
in the year of the consulship of Asclepiodotus and Marinianus.June 8, 423.

If a son, daughter, or grandchild, one or more, of a
Jew or of a Samaritan, with better counsel should turn to
the light of the Christian religion from the darkness of his
own superstition, their parents, that is, father, mother,
grandfather, or grandmother, shall not be permitted to disinherit them or to pass over them in silence in their testaments or to leave them less than they could obtain if they
were called to the inheritance on intestacy. But if such a
contingency should occur, We order that the will shall be
rescinded and that the aforesaid persons shall succeed as
though on intestacy. The grants of freedom made in the
said testament, however, if within the statutory number,55
shall retain their validity. If it can be clearly proved that
28.
such children or grandchildren have committed a very
grave crime against their mother, father, grandfather, or

grandmother, the statutory punishment against the offenders shall remain valid if accusation has been legally made
in the meantime. Nevertheless, under such a statement,
which shall be supported by provable and manifest documents, parents shall leave them only the Falcidian fourth
of the due inheritance, so that they may appear to have
gained this at least in honor of the chosen religion. As We
have said, the punishment for any crimes shall remain if
they should be proved. (Etc.)
Given on the sixth day before the ides of April at Ravenna in the
year of the twelfth consulship of Theodosius Augustus and the second consulship of Valentinian Augustus.-April 8 (7), 426.
The same Augustuses to Johannes, Count of the

The primates of the Jews, who are appointed in the sanhedrins of the two Palestines or who live in other prov29.56
52
16,
inces, shall be compelled to pay what they have received as

tribute after the extinction of the patriarchate. But in the
future, annual tribute shall be collected at the peril of the
primates from all synagogues, under compulsion of the
palatines and in the amount that the patriarchs formerly
demanded in the name of crown gold. By skillful inquiry
you shall ascertain what that amount is, and whatever was
accustomed to be contributed to the patriarchs in the west5
ern part of the Empire shall now be paid to Our largesses. '
Given on the third day before the kalends of June at Constantinople in the year of the consulship of Florentius and Dionysius.May 30,
429.
TITLE 9: NO JEW SHALL HAVE A CHRISTIAN SLAVE' (NE CHRISTIANUM MANCIPIUM JUDAEUS HABEAT)
1.2 Emperor Constantine Augustus to Felix, Praetorian
Prefect.
If any Jew should purchase and circumcise a Christian
slave or a slave of any other sect whatever, he shall not
retain in slavery such circumcised person. But the person
who endured such treatment shall obtain the privilege of
freedom. (Etc.)
Given on the twelfth day before the kalends of November at Constantinople.-October 21, (335). Posted on the eighth day before
the ides of May at Carthage in the year of the consulship of
Nepotianus and Facundus.-May 8, 336.3
INTERPRETATION: If any Jew should purchase and circumcise a Christian slave or a slave of any other sect whatever, such slave shall be taken from the power of the Jew
and remain free.
2.' Emperor Constantius' Augustus to Evagrius.6

If any Jew should suppose that he should purchase the
slave of another sect or people, such slave shall be immediately vindicated to the fisc. If the Jew should purchase a
slave and circumcise him, he shall be penalized not only
with the loss of the slave, but he shall also be visited with
capital punishment. But if a Jew should not hesitate to
purchase slaves who are adherents of the venerable faith,
he shall immediately be deprived of all such slaves found
in his possession, nor shall any delay be interposed in depriving him of the possession of those men who are Christians. (Etc.)
Given on the ides of August in the year of the second consulship
of Constantius Augustus and the consulship of Constans Augustus.
-August
13, 339.

Annas, Didascalus, 7 and the Elders of the Jews.
We direct that Jewish masters without any fear of chicanery may have Christian slaves, on the sole condition that
they permit such slaves to retain their own religion." Therefore, judges9 of the provinces shall carefully inspect the
trustworthiness of the information that is lodged before
57
16, 8, 14 and 17.
' Brev. 16, 4; CJ i, io. Cf. 16, 5, n. 85.

2 Brev. 16, 4, I; CJ I, Io, i; Sirm. 4.
3
16, 8, 5, n.
12.
4 CJ I, lo, 1.
8, 25.
Or: They shall also know, M.

54 16, 8, 26.
Apparently a reference to the Caninian Law which limited
the number of slaves who could be manumitted by a testament.
53
55
56 CJ 1, 9, 17.
5Constantine in the manuscripts and in CJ.

7Or: Annas didascalus, Annas, the teacher, the rabbi, 16, 8, n. 45.
8M. suggests a lacuna.
9 judices, judges ordinary, governors of provinces, 16, I, n. 2.
C 471 ]
16-9'3
No Jew Shall Have a Christian Slave
them and shall know that they must repress the insolence
of those persons who suppose that by means of timely supplicationso they may accuse the Jews. We decree that all
rescripts that have been surreptitiously and fraudulently
elicited or those so elicited hereafter shall be annulled. If
any person should violate these regulations, he shall be
punished as though guilty of sacrilege.
in the year of the tenth consulship of Honorius Augustus and the
sixth consulship of Theodosius Augustus.-November 6, 415.
4.' The same Augustuses to Monaxius, Praetorian Prefect.

A Jew must not purchase a Christian slave or acquire
one by title of gift. If anyone should fail to observe this
regulation, he shall forfeit the ownership that he wantonly
obtained, and the slave himself shall be given freedom as
his reward if he should suppose that he should voluntarily
give information of what was done. But a Jew may possess in his own property all other slaves who are established
as adherents of the true religion, even though he is himself an adherent of a nefarious superstition, if he appears
to have already obtained them, or if he should hereafter
acquire them under title of an inheritance or a trust fund,
provided that he observes the condition that he does not
unite them, either unwilling or willing, with the pollution
of his own sect. Thus, if this general rule should be violated, the authors of such crime shall suffer capital punishment, as well as proscription of their property.
Given on the fourth day before the ides of April at Constantinople in the year of the eleventh consulship of Honorius Augustus
and the second consulship of the Most Noble Constantius.-April
the official report and the interpretation thereof which was

written about the striking of the amphitheater by lightning,
about which you had written to Heraclianus, Tribune and
Master of Offices.
Given on the sixteenth day before the kalends of January at
Sofia (Serdica).-December 17, (320). Received on the eighth day
before the ides of March in the year of the second consulship of

Crispus and Constantine Caesars.-March 8, 321.
2. Emperor Constantius Augustus to Madalianus, 4 Vice

Praetorian Prefect.5
Superstition shall cease; the madness of sacrifices shall
be abolished. For if any man in violation of the law6 of the
sainted Emperor, Our father, and in violation of this command of Our Clemency, should dare to perform sacrifices,
he shall suffer the infliction of a suitable punishment and
the effect of an immediate sentence.
Received in the year of the consulship of Marcellinus and Probinus.-341.
3. The same7 Augustuses to Catullinus, Prefect of the City.

Although all superstitions must be completely eradicated,
nevertheless, it is Our will that the buildings of the temples
situated outside the walls shall remain untouched and uninjured. For since certain plays or spectacles of the circus
or contests derive, their origin from some of these temples,
such structures shall not be torn down, since from them is
provided the regular performance of long established
amusements for the Roman people.
Given on the kalends of November in the year of the fourth consulship of Constantius Augustus and the third consulship of Constans Augustus.-November 1, 346; 342.8
10, 417.

Prefect.
(After other matters.) No Jew shall dare to purchase
Christian slaves. For We consider it abominable that very
religious slaves should be defiled by the ownership of very
impious purchasers. If any person should commit this offense, he shall be subject to the statutory punishment
without any delay. (Etc.)
in the year of the consulship of Asclepiodotus and Marinianus.April 9, 423.
TITLE 10: PAGANS, SACRIFICES, AND TEMPLES' (DE PAGANIS, SACRIFICIIS, ET TEMPLIS)
Emperor Constantine Augustus to Maximus.'
If it should appear that any part of Our palace or any
other public work has been struck by lightning, the observance of the ancient custom shall be retained, and inquiry shall be made of the soothsayers as to the portent
thereof. Written records thereof shall be very carefully
collected and referred to Our Wisdom. Permission shall
be granted to all other persons also to appropriate this
custom to themselves, provided only that they abstain from
domestic sacrifices,8 which are specifically prohibited.
i. You shall know, furthermore, that We have received
i.

It is Our pleasure that the temples shall be immediately
closed in all places and in all cities, and access to them forbidden, so as to deny to all abandoned men the opportunity
to commit sin. It is also Our will that all men shall abstain
from sacrifices. But if perchance any man should perpetrate any such criminality, he shall be struck down with
the avenging sword. We also decree that the property of
a man thus executed shall be vindicated to the fisc. The
governorso of the provinces shall be similarly punished if
they should neglect to avenge such crimes.
Given on the kalends of December in the year of the fourth consulship of Constantius Augustus and the third consulship of Constans Augustus.-December I, 346; 354; 356.1-
5. The same Augustus1 2 to Cerealis, Prefect of the City.

Nocturnal sacrifices3 which were permitted by the authority of Magnentius 13 shall be abolished, and henceforth
such nefarious license shall be destroyed. (Etc.)
Given on the ninth day before the kalends of December in the
year of the sixth consulship of Constantius Augustus and the second consulship of the Caesar.-November 23, 353.
6."' The same Augustus and Julian Caesar.

If any persons should be proved to devote their atten4 CIL 6, 1151; 8, 5348.
5 agens vicem praefectorum Praetorio; usually termed vicar.
Not extant.
7 Emperors Constantius and Constans.
the year of the third consulship of Constantius Augustus and
the second consulship of Constans Augustus (342), since Catullinus
was Prefect of the City from July 6, 342 until April 1o, 344.
6
8In
10 tempestivae preces, timely, well timed supplications. G. con-
jectures : intempestivae preces, untimely supplications.
9 II, 30, 25; CJ
* Prefect of the City.

1 CJ i, ii. Cf. 16. 5, n. 85.
s Secret and antisocial; they might be used against the Emperor.
C 472
I,
II,
1.
10
rectores.
Constantius.
11
See M.'s note on the date.
12
13
Usurper in 352.
14 Edict Theod. 123.
16-10-12
Pagans, Sacrifices, and Temples

tion to sacrifices or to worship images, We command that
they shall be subjected to capital punishment.
Given on the eleventh day before the kalends of March at Milan
in the year of the eighth consulship of Constantius Augustus and
the consulship of Julian Caesar.-February2o, 356.
7. Emperors Gratian, Valentinian, and Theodosius Augustuses to Florus, Praetorian Prefect.

If any madman or sacrilegious person, so to speak,
should immerse himself in forbidden sacrifices, by day or
by night, as a consulter of uncertain events, and if he
should suppose that he should employ, or should think that
he should approach, a shrine or a temple for the commission of such a crime, he shall know that he will be subjected to proscription, since We give warning by Our just
provision that God must be worshipped by chaste prayers
and not be profaned by dire incantations.
Given on the twelfth day before the kalends of January at Constantinople in the year of the consulship of Eucherius and Syagrius.
-December 21, 381.
8.1" The same Augustuses to Palladius, Duke of Osrhoene.

By the authority of the public councill 6 We decree that
the temple' 7 shall continually be open that was formerly
dedicated to the assemblage of throngs of people and now
also is for the common use of the people, and in which
images are reported to have been placed which must be
measured by the value of their art rather than by their
divinity; We do not permit any divine imperial response
that was surreptitiously obtained to prejudice this situation. In order that this temple may be seen by the assemblages of the city and by frequent crowds, Your Experience shall preserve all celebrations of festivities, and by
the authority of Our divine imperial response,"' you shall
permit the temple to be open, but in such a way that the
performance of sacrifices forbidden therein may not be
supposed to be permitted under the pretext of such access
to the temple.
Given on the day before the kalends of December at Constantinople in the year of the consulship of Antonius and Syagrius.November 30, 382.
No mortal shall assume the audacity of performing sacrifices, so that by the inspection of the liver and the presage
of the entrails of the sacrificial victims, he may obtain the
hope of a vain promise, or, what is worse, he may learn
the future by an accursed consultation. The torture of a
very bitter punishment shall threaten those persons who, in
violation of Our prohibition, attempt to explore the truth
of present or future events.
Given on the eighth day before the kalends of June at Constantinople in the year of the first consulship of Arcadius Augustus
and the consulship of the Most Noble Bauto.-May 25, 385.
The same Augustuses 9 to Albinus, Praetorian Pre-
fect. 20
No person shall pollute himself with sacrificial animals;
15 Amm. Marcell. 14, 3, 3.
16
publicum consilium, the imperial consistory from which was
issued the divine imperial response, oraculum, of the Emperor, i,

15, 8, nf. 24-25.
17 Probably at Edessa, a city of Osrhoene, G.
18 CJ I, II, 2. Cf. n. 3.
19 Emperors Valentinian, Theodosius, and Arcadius Augustuses;
CIG 4350.
20
Prefect of the City, M.
Given on the sixth day before the kalends of March at Milan in

the year of the consulship of Tatianus and Symmachus.-February
24, 391.
ii. The same Augustuses to Evagrius, Augustal Prefect,

and Romanus, Count of Egypt.
No person shall be granted the right to perform sacrifices; no person shall go around the temples; no person
shall revere the shrines. All persons shall recognize that
they are excluded from profane entrance into temples by
the opposition of Our law, so that if any person 2 2 should
attempt to do anything with reference to the gods or the
sacred rites, contrary to Our prohibition, he shall learn
that he will not be exempted from punishment by any
special grants of imperial favor. If any judge 1 also, during the time of his administration, should rely on the privilege of his power, and as a sacrilegious violator of the law,
should enter polluted places, he shall be forced to pay into
Our treasury fifteen pounds of gold, and his office staff a
like sum, unless they opposed him with their combined
strength.
Given on the sixteenth day before the kalends of July at Aquileia
in the year of the consulship of Tatianus and Symmachus.-June
16, 391.
Emperors Theodosius, Arcadius, and Honorius Augustuses to Rufinus, Praetorian Prefect.

No person at all, of any class or order whatsoever of
men or of dignities, 23 whether he occupies a position of
power or has completed such honors, whether he is powerful by the lot of birth or is humble in lineage, legal status
and fortune, shall sacrifice an innocent victim to senseless
images in any place at all or in any city. He shall not, by
more secret wickedness, venerate his lar with fire, his
genius with wine, his penates with fragrant odors; he shall
not burn lights to them, place incense before them, or
suspend wreaths for them.
i. But if any man should dare to immolate a victim for
the purpose of sacrifice, or to consult the quivering entrails, according to the example of a person guilty of high
treason he shall be reported by an accusation which is permitted to all persons, and he shall receive the appropriate
sentence, even though he has inquired nothing contrary to,
or with reference to, the welfare of the Emperors. For it
is sufficient to constitute an enormous crime that any person should wish to break down the very laws of nature,24
12.
1o.
no person shall slaughter an innocent victim; no person

shall approach the shrines, shall wander through the temples, or revere the images formed by mortal labor, lest he
become guilty by divine and human laws. Judges" also
shall be bound by the general rule that if any of them
should be devoted to profane rites and should enter a temple for the purpose of worship anywhere, either on a
journey or in the city, he shall immediately be compelled to
pay fifteen pounds of gold, and his office staff shall pay a
like sum with similar haste, unless they resist the judge21
and immediately report him by a public attestation. Governors with the rank of consular shall pay six pounds of
gold each, their office staffs a like amount; those with the
rank of corrector or of praeses shall pay four pounds each,
and their apparitors, by equal lot, a like amount.
21 judices, judges ordinary, governors of provinces, I6, I, n.
22 Seeck suspects a lacuna.

28 class of men or order of dignities, M.
24
6, 5, n.
152.
Cf. n. 3.
C 473 1
2.
16-10*12
to investigate forbidden matters, to disclose hidden secrets,

to attempt interdicted practices, to seek to know the end
of another's life, to promise the hope of another person's
death.
2. But if any person should venerate, by placing incense
before them, images made by the work of mortals and
destined to suffer the ravages of time, and if, in a ridiculous manner, he should suddenly fear the effigies which
he himself has formed, or should bind a tree with fillets, or
should erect an altar of turf that he has dug up, or should
attempt to honor vain images with the offering of a gift,
which even though it is humble, still is a complete outrage
against religion, such person, as one guilty of the violation
of religion, shall be punished by the forfeiture of that
house or landholding in which it is proved that he served
a pagan superstition. For We decree that all places shall
be annexed to Our fisc, if it is proved that they have reeked
with the vapor of incense, provided, however, that such
places are proved to have belonged to such incense burners.
3. But if any person should attempt to perform any such
kind of sacrifice in public temples or shrines, or in the
buildings or fields of others, and if it is proved that such
places were usurped without the knowledge of the owner,
the offender shall be compelled to pay twenty-five pounds
of gold as a fine. If any person should connive at such a
crime, he shall be held subject to the same penalty as that
of the person who performed the sacrifice.

4. It is Our will that this regulation shall be so enforced
by the judges,2 1 as well as by the defenders and decurions
of the several cities, that the information learned by the
defenders and decurions shall be immediately reported to
the courts, and the crimes so reported shall be punished by
the judges. 21 Moreover, if the defenders and decurions
should suppose that any such crime should be concealed
through favoritism or overlooked through carelessness,
they shall be subjected to judicial indignation. If the judges
should be advised of such crimes and should defer punishment through connivance, they shall be fined thirty pounds
of gold; their office staffs also shall be subjected to an
equal penalty.
Given on the sixth day before the ides of November at Constantinople in the year of the second consulship of Arcadius Augustus
and the consulship of Rufinus.-November 8, 392.
13. Emperors Arcadius and Honorius Augustuses to Rufinus, Praetorian Prefect.

We decree that no person shall have the right to approach
any shrine or temple whatever, or to perform abominable
sacrifices at any place or time whatever. All persons, therefore, who strive to deviate from the dogma of the Catholic
religion shall hasten to observe those regulations which We
have recently decreed, 25 and they shall not dare to disregard former decrees with reference either to heretics or to
pagans. They shall know that whatever was decreed against
them by the laws2 6 of Our sainted father, by way of punishment or fine, shall now be executed more vigorously.
Moreover, the governors27 of Our provinces and the apparitors who serve them, the chief decurions also and the
defenders of the municipalities, as well as the decurions,
and the procurators of Our possessions, in which We
learn that illicit heretical assemblies come together without
fear of loss, because these possessions cannot be annexed
to the fisc, since they already belong to its dominion: all
25
I6, 5, 24-26.
26
16,
10,
11-12.
27
moderatores.
the foregoing persons shall know that if any such offense

has been attempted contrary to Our statutes, and if it has
not been avenged immediately and punished in its very inception, they shall be subjected to all the losses and punishments that were established by the ancient decrees.
i. But specifically, by this law, We sanction and decree
more severe penalties against the governors. 27 For if the
aforesaid provisions are not enforced with all diligence
and precaution, the governors shall be subjects not only to
that fine which was decreed against them, but also to the
fine which was established against those persons who appear to be the authors of the crime. However, such fines
shall not be remitted in the case of those persons on whom,
because of their contumacy, they were justly inflicted.
2. In addition, We judge that the office staffs shall suffer
capital punishment if they disregard Our statutes.
Given on the seventh day before the ides of August at Constantinople in the year of the consulship of Olybrius and Probinus.
-August 7, 395.

If any privileges have been granted by ancient law to
civil priests, 2 9 ministers, prefects, or hierophants of the
sacred mysteries, 29 whether known by these names or called
by any other, such privileges shall be completely abolished.
Such persons shall not congratulate themselves that they
are protected by any privilege, since their profession is
known to be condemned by law.
Given on the seventh day before the ides of December at Constantinople in the year of the fourth consulship of Arcadius Augustus and the third consulship of Honorius Augustus.-December
7, 396.
15.30 The same Augustuses to Macrobius, Vicar of Spain,

and Proclianus, Vicar of the Five Provinces.'
Just as We forbid sacrifices, so it is Our will that the
ornaments of public works 32 shall be preserved. If any
person should attempt to destroy such works, he shall not
have the right to flatter himself as relying on any authority, if perchance he should produce any rescript or any law
as his defense. Such documents shall be torn from his hands
and referred to Our Wisdom.
If any person should be able to show illicit post warrants," either in his own name or that of another, We decree that such post warrants shall be delivered and sent to
Us. Those persons who have granted the right to the public
post to such persons shall be forced to pay two pounds of
gold each.
Given on the fourth day before the kalends of February at Ravenna in the year of the consulship of the Most Noble Theodorus.
-January (August) 29, 399.

If there should be any temples in the country districts,
they shall be torn down without disturbance or tumult.
For when they are torn down and removed, the material
basis for all superstition will be destroyed.
shall know that they shall be subject, M.
29 sacerdotes, pagan priests, possibly of the Eleusinian mysteries.
so CJ I, II, 3.
s The reference is uncertain. According to G., the five provinces
of southern Gaul, three of Aquitania and two of Lugdunensis
(Lyons).
32 Especially temples and other pagan buildings.
33 evectiones, permits for travel on the public post. If any person
can be shown to have issued illicit post warrants, M.
28
E 474 1
16-10-21

Given on the sixth day before the ides of July.-July ro. Posted at
Damascis in the year of the consulship of the Most Noble Theodorus.-399.

Rome in the year of the consulship of Bassus and Philippus.-
14 The same Augustuses to Apollodorus, Proconsul of

Africa.
Just as We have already abolished profane rites by a
salutary law, 6 so We do not allow the festal assemblies of
citizens and the common pleasure of all to be abolished.
Hence We decree that, according to ancient custom, amusements shall be furnished to the people, but without any
sacrifice or any accursed superstition, and they shall be
allowed to attend festal banquets, whenever public desires"
so demand.
2o.3 Emperors Honorius and Theodosius Augustuses."
Given on the thirteenth day before the kalends of September at

Padua in the year of the consulship of the Most Noble Theodorus.
-August 20, 399.
18. The same Augustuses to Apollodorus, Proconsul of

Africa.
No man by the benefit of Our sanctions shall attempt to
destroy temples which are empty of illicit things.36 For We
decree that the condition of the buildings shall remain unimpaired; but if any person should be apprehended while
performing a sacrifice, he shall be punished according to

the laws. Idols shall be taken down under the direction of
the office staff after an investigation has been held, since it

is evident that even now the worship of a vain superstition
is being paid to idols.
-August 20, 399.37
19.3" Emperors Arcadius,3" Honorius, and Theodosius Au-
gustuses to Curtius, Praetorian Prefect.

(After other matters.) Their income from taxes in kind
shall be taken away from the temples and shall assist the
annonarian account for the benefit of the expenses of Our
most devoted soldiers.
i. If any images stand even now in the temples and
shrines, and if they have received, or do now receive, the

worship of the pagans anywhere, they shall be torn from
their foundations, since We recognize that this regulation
has been very often decreed by repeated sanctions.
2. The buildings themselves of the temples which are
situated in cities or towns or outside the towns shall be
vindicated to public use. Altars shall be destroyed in all
places, and all temples situated on Our landholdings shall
be transferred to suitable uses. The proprietors"o shall be
compelled to destroy them.
3. It shall not be permitted at all to hold convivial banquets in honor of sacrilegious rites in such funereal places
or to celebrate any solemn ceremony. We grant to bishops
also of such places the right to use ecclesiastical power 4 '
to prohibit such practices. Moreover, We constrain the
judges 21 by a penalty of twenty pounds of gold, and their
office staffs by an equal sum, if they should neglect the
enforcement of these regulations by their connivance.
3
4CJ I, II, 4.
vota, vows, prayers, desires.
36 Such as statues and altars.
316, io, 17; 16, 11, x.
3
November IS, 408; 407.42
We command that priests4 5 of the pagan superstition

shall be subject to the proper punishment, unless before
the kalends of November, they depart from Carthage and
return to their ancestral municipalities. Thus such priests
throughout all Africa shall be held liable to a similar punishment unless they depart from the metropolitan cities
and return to their own municipalities.
i. Also, in accordance with the constitution" of the
sainted Gratian, We command that all places that were assigned by the false doctrine of the ancients to their sacred
rituals shall be joined to the property of Our privy purse.
Thus, from the time when public expenditure was prohibited to be furnished to the worst superstition, the fruits
from such places shall be exacted from the unlawful possessors thereof. But if the bounty of previous Emperors
or if Our Majesty wished any of the aforesaid property
anywhere to be granted to any persons, such property shall
remain in their patrimony with eternal validity. We decree
that this regulation shall be observed not only throughout
Africa, but throughout all regions situated in Our world.4 1
2. Moreover, if it was Our will, as expressed in repeated
constitutions, that any such property should belong to the
venerable Church, this property shall rightfully be vindicated by the Christian religion to itself. Thus all outlay
belonging at that time to the superstition that has been
rightfully condemned, and all places that were possessed
by the Frediani,47 by the Dendrophori,47 or by various
names and pagan professions, and that were assigned to
their feasts and expenditures, shall be able to assist the income of Our household, after the aforesaid false doctrine
has been abolished.
3. Of course, if anything" has ever been consecrated to
sacrifices and thus served as a means of deception for men,
it shall be removed from use in the baths and from the
favorite haunts 49 of the public, in order that it may not
furnish allurement to the erring.
4. In addition, We order the removal of Chiliarchs4 7 and
the Centenarii4 7 or any other persons who are said to appropriate to themselves the distribution"o of the common
people. Thus, no man shall evade capital punishment if he
should willingly assume such title, or if even against his
will he should permit himself to be assigned to such presumption and odium.
Given on the third day before the kalends of September at Ravenna in the year of the tenth consulship of Honorius Augustus and
the sixth consulship of Theodosius Augustus.-August 30, 415.
(After other matters.) Those persons who are polluted
16, 5, 43, n. 96.
4 12, I, 176; CJ I, II, 5.
" to the People of Carthage, CJ; but M. rejects this addition
as an interpolation, since no other constitution is addressed to the
people of a municipality or colony.
6 sacerdotales, members of the priestly class.
46 Noster orbis, the western part of the Empire, since this constitution was issued by Honorius from Ravenna.
42
7 Officials
38 Sirm. 12.
3 Delete: Arcadius, since he died May I, 408, M.

40 domini, owners of certain rights but not owners in fee simple.
41 ecclesiastica manus seems to mean men subject to the orders

of the Church.
in pagan celebrations and ritual.
48 According to M.'s text. M. also suggests: If any temple has
ever.
49 affectus.
50 distributio; the meaning is uncertain.
L 475 1
16-10*21
by the profane false doctrine or crime of pagan rites, that

is, the pagans,51 shall not be admitted to the imperial service, and they shall not be honored with the rank of administrator or judge. 21
Given on the seventh day before the ides of December in the year
of the seventh consulship of Our Lord Theodosius Augustus and
the consulship of Palladius.-December7, 4M6; 415.

Prefect.
(After other matters.) The regulations of constitutions
formerly promulgated shall suppress any pagans who survive, although We now believe that there are none. (Etc.)
in the year of the consulship of Asclepiodotus and Marinianus.-
the accursed immolation of victims, from damnable sacrifices, and from all other such practices that are prohibited
by the authority of the more ancient sanctions. We command that all their fanes, temples, and shrines, if even now
any remain entire, shall be destroyed by the command of
the magistratesj5 and shall be purified by the erection of
the sign of the venerable Christian religion." All men
shall know that if it should appear, by suitable proof before
a competent judge, that any person has mocked this law,
he shall be punished with death.
Constantinople in the year of the fifteenth consulship of Theodosius
Augustus and the fourth consulship of Valentinian Augustus.November 14, 435.
April 9, 423.
The same Augustuses to Asclepiodotus, Praetorian

Prefect.
(After other matters.) Proscription of their goods and
exile shall restrain the pagans who survive, if ever they
should be apprehended in the performance of accursed
sacrifices to demons,52 although they ought to be subjected
to capital punishment.
TITLE 11: RELIGION' (DE RELIGIONE)
23.

i.2 Emperors Arcadius and Honorius Augustuses to Apol-
lodorus, Proconsul of Africa.

Whenever there is an action involving matters of religion, the bishops must conduct such action. But all other
cases which belong to the judges ordinary' and to the usage
of the secular law must be heard in accordance with the
laws.
-August
24.'5 The same Augustuses to Asclepiodotus, Praetorian

Prefect.
(After other matters.) We punish with proscription of
their goods and exile, Manichaeans and those persons who
are called Pepyzites. Likewise, those persons5 4 who are
worse than all other heretics in this one belief, namely, that
they disagree with all others as to the venerable day of
Easter, shall be punished with the same penalty if they
persist in the aforesaid madness.
i. But We especially command those persons who are
truly Christians or who are said to be, that they shall not
abuse the authority of religion and dare to lay violent hands
on Jews and pagans who are living quietly and attempting
nothing disorderly or contrary to law. For if such Christians should be violent against persons living in security or
should plunder their goods, they shall be compelled to restore not only that property which they took away, but
after suit they shall also be compelled to restore triple or
quadruple that amount which they robbed. Also the governorso of the provinces and their office staffs and the
provincials shall know that if they permit such a crime to
be committed, they too will be punished in the same way
as the perpetrators of the crime.

We interdict all persons of criminal pagan mind from
51 gentiles.
52 The gods of the heathen; cf. I Corinthians

5
Z4
CJ
1o,
20-21.
i, iI, 6.
2. Emperors Arcadius, Honorius, and Theodosius Augustuses to Diotimus, Proconsul of Africa.

It is Our will that the edict 4 regarding unity which Our
Clemency dispatched throughout the districts of Africa
shall be posted throughout various regions, in order that
all men may know that the one and true Catholic faith in
Almighty God, as confessed by right belief, shall be preserved.
Given on the third day before the nones of March at Ravenna in
the year of the second consulship of Stilicho and the consulship of
Anthemius.-March 5, 405.

Their dear friend, Marcellinus, 5 Greetings.
We abolish the new superstition, 6 and.We command that
those regulations in regard to the Catholic law shall be preserved unimpaired and inviolate, as they were formerly
ordained by antiquity or established by the religious authority of Our Fathers' or confirmed by Our Serenity.
Given on the day before the ides of October at Ravenna in the
year of the consulship of the Most Noble Varanes.-October 14, 410.
56 The cross.
I Brev. II, 5. Cf. 16, 5, n. 85.
BreV. II, 5, I; Nov. Val.
34.
3 cognitores ordinarii,the governors of the province.
4A Henoticon. Cf. 16, 5, 38; 16, 6, 4; Canon 99 of the Council of
2
Carthage in 407.
6, 5, n. 126.
6
The Novatians, Protopaschites, and Sabbatians, Glossary.
20, 399.
[Interpretation:] This law does not need any interpretation.
Donatism; 16, 5, 55.
7Const., n. 5.
[ 476 ]
+(,121/,1(

Wed Aug 5 11:47:36 2015
THE SIRMONDIAN CONSTITUTIONS'

(CONSTITUTIONES SIRMONDIANAE)
.........
N......................
...............
TITLE 1: THE CONFIRMATION OF EPISCOPAL DECISIONS EVEN AMONG MINORS;

THE UNSUPPORTED TESTIMONY OF A
BISHOP SHALL BE GIVEN FULL CREDIT 2
(DE CONFIRMANDO ETIAM INTER MINORES AETATES JUDICIO EPISCOPORUM
ET TESTIMONIUM UNIUS EPISCOPI ACCEPTO FERRI)
Emperor Constantine Augustus to Ablavius, Praetorian
Prefect.
We are much surprised that Your Gravity which is
replete with justice and the approved religion should have
wished to inquire of Our Clemency what Our Sovereignty has either previously ordained or what We now wish
to be observed as to the judicial decisions of bishops, 0
Ablavius, dearest and most beloved Father.3
Therefore, because you wished to be instructed by Us,
We again, by means of Our salutary power do hereby
spread abroad the ordinance of Our previously promulgated law.4
For We previously sanctioned, just as the official statement of Our edict 4 makes clear, that the judicial decisions,
of whatsoever nature, rendered by the bishops, without
any distinction as to age,5 must be observed as forever inviolate and unimpaired, namely, that whatever has been
settled by the judicial decisions of the bishops shall be
considered as forever holy and revered.
Whether, therefore, a bishop has decided a case between
minors or between adults,6 it is Our will that the obligation
for its enforcement shall rest upon you, 7 who hold the
highest judicial authority, and upon all other judges.
Therefore, if any man, either as defendant or as plaintiff, should have a suit at law, and either at the beginning
of the suit, or after the statutory time limits have elapsed,
1 These constitutions are named from Jacobus Sirmondus (Jacques
Sirmond) who discovered them in some manuscripts containing conciliar decrees and who published them in Paris in 1631. They seem
to antedate the Theodosian Code which was published in 438, since
they contain the unabbreviated or semi-abbreviated forms of many
constitutions, before this material was condensed for the Theodosian
Code. There are sixteen of these constitutions. The condensed forms
of all of them but I, 3, 5, 7, 8 and 13 are found in the Theodosian
Code. For technical terms and obscure words, see the Glossary.
M. omits the rubrics.
2 MGH, LL 2, 2, p. 91; Petrus, Except. 4, 37; Grat. Decr. 2, II,
I, 35. CTh 1, 27; CJ I, 4; Nov. Val. 35; Nov. Maj. II; Sirm. 2-3.
The authenticity of this first constitution is hotly debated, chiefly

because of its revolutionary provisions for the authority of bishops,
both as judges and as witnesses.
s parens, father, near kinsman, cousin. This term was often employed by the Emperors as an honorary title of address, Const., n. 5.
Cf. Patres Conscripti that was used in addressing the Senate.
4 Not extant.
5 Of the litigants.
6 Persons who had attained their majority and who were of legal
age.
7 Praetorian prefects.
... a ...............
.s.
........
s................
or when the final pleadings are being made, or when the

judge has already begun to pronounce sentence, and if
such litigant should choose the court of a bishop of the
sacrosanct law, even though the other party to the suit
should oppose it, immediately, without any question, the
principals in the litigation shall be dispatched to the bishop.
For the authority of sacrosanct religion searches out
and reveals many things which the captious restrictions of
legal technicality8 do not allow to be produced in court.
Therefore, all cases which are tried either by praetorian
or by civil law, when settled by the decisions of bishops,
shall be affirmed by the eternal law of permanence; nor
shall any case be subject to review which the judgment of
a bishop has decided.
Furthermore the testimony given by a bishop, even
though he may be the only witness, shall be unhesitatingly
accepted by every judge, nor shall any other witness be
heard when the testimony of a bishop has been promised9
by any party whatsoever.
For that is established with the authority of truth, that
is incorruptible, which the consciousness of an undefiled
mind has produced from a sacrosanct man.
This We formerly decreed by Our salutary edict,4 this
We confirm by Our eternal law, thus crushing out the
mischievous seeds of litigation, so that wretched men, entangled in the long and almost endless toils of litigation,
may at length, with timely settlement, escape from unscrupulous legal attacks and from an unreasonable avarice.
Therefore Your Gravity and all others shall forever observe whatever Our Clemency formerly decreed as to the
judicial decisions of bishops and whatever We have now
embodied in this law which has been issued for the general good.
Given on the third day before the nones of May at Constantinople
in the year of the consulship of Dalmatius and Zenophilus.-May
5, 333.
TITLE 2: BISHOPS WHO HAVE BEEN CONDEMNED BY THE JUDGMENT OF OTHER

BISHOPS MUST BE BANISHED AND MUST
REMAIN ONE HUNDRED MILES FROM THE
MUNICIPALITIES IN WHICH THEY WERE'
(EPISCOPOS JUDICIO EPISCOPORUM DAMNATOS CENTUM MILIBUS CIVITATE IN QUA
FUERUNT DEBERE EXCLUDI)
Emperors Arcadius, Honorius, and Theodosius Augustuses to Hadrianus, Praetorian Prefect.
Just as veneration is due to innocent priests, so also proportionate punishment is due to priests who create dis8 praescriptio, prescription, legal technicality, exception, demurrer.
9 repromittere, promise, stipulate, guarantee.
1 Sirm. I, 3; CTh 16, 2, 35; 16, 5, n. i; Min. Sen., n. 25; Suip.
Sev., Sacra Hist. 2, 47.
E 477 7
Sirm. 2
Condemned Bishops Must Be Banished
turbance and to those who have been deposed.2 For just

as those priests who serve God and who shine with the
integrity of their divine priesthood offer their own lives
not only as an adornment to themselves, but also as an
example to the common people who are subject and obedient to them, so those priests whose sins are even more
unseemly in view of their profession of integrity, if they
should be proved to have been excluded from the priesthood and degraded by the bishops3 and should bear a
haughty spirit against such decisions, shall be segregated
from those cities which they held4 by their own false doctrine, and they shall be discovered to be a source of terror
both to themselves' and to others because of the exile
which has been established. For both the veneration for
the best priests and the notable reprehension of the worst
ones make very many people good. From the reports of
the bishops We learn that certain priests of the Christian
faith, whose delicts have been apprehended by an assemblage of bishops and have been punished by their decision, are remaining in the bosom of the cities in which
such crimes were committed, are seeking riotous mobs of
the people, are convoking disturbers of the public peace,
are acting as the authors of popular disturbances, are saying that they are innocent after their judgment, are collecting the common people and are being saluted as though
they were still bishops, and are petitioning the sacred imperial court and obtaining responses and furtive rescripts
by their mendacity. Therefore We sanction by this law
that if priests sitting in council should depose any person
from the position and title of bishop, and if the person deposed should be apprehended in making any attempts
either against such decision or against the public peace, or
in seeking again the priesthood from which he appears to
have been excluded, he shall according to the law- of Gratian of sainted memory, spend his life a hundred miles
away from that city which he has unworthily corrupted.
He shall be separated from the assemblage of those persons from whose association he has been expelled; he
shall be deprived of the city which he held; he shall be
segregated from the common people whom he polluted as
a false teacher of the way of life. According to the tenor
of this law, it shall be unlawful for such persons to approach Our sacred imperial private council chambers and
to impetrate rescripts. If any rescripts have been or should
hereafter be impetrated by any persons deposed through
their own fault from the priesthood, all such rescripts
shall remain of no effect, and those persons on whose defense the aforesaid offenders depend shall know that they
will not be free from censure if they promise such patronage to those persons who appear not to have deserved
divine approval, 0 Hadrianus, dearest and most beloved
Father.
Therefore Your Sublime Magnificence by means of

edicts shall publish this law throughout all the dioceses
which have been entrusted to you, in order that the regulation which has been conceived for the public peace,
2Add: from their office, M.
3 deposed from their bishoprics, M.

which they have stained, M.
s a reproach to themselves and a source of terror to others, M.
4
6 Sirm. i, n. 3.
which has been established for the confirmation of the

episcopal court, and which has been devised to repress
wrongdoing, may be cherished by all men and may be observed by the priests.7
year of the second consulship of Stilicho.-February 4, 405.
TITLE 3: IN ECCLESIASTICAL CASES, IT

SHALL NOT BE PERMITTED TO HALE CLERICS BEFORE A PUBLIC COURT1 (NON LI-
CERE CLERICOS IN CAUSIS ECCLESIASTICIS AD PUBLICUM PERTRAHERE JUDICIUM)

Emperors Valentinian, Theodosius, and Arcadius Augustuses to Optatus, Augustal Prefect.
Our Clemency has been gravely disturbed that those
persons who vindicate to themselves the name of bishop
have perpetrated and committed certain deeds with rash
and wicked lawlessness in violation no less of the divine
laws than of the human laws. They have even harassed
some of the orthodox clerics, whose age and priesthood
were inconsistent with such outrage; they have exhausted
such clerics with journeys and have delivered them to
torturers; and all such deeds have been committed by
persons who presented as a protection for their effrontery 2
titles of the name of the priesthood. Finally, supplications
have been read in the imperial consistory whereby the
episcopal piety makes some plea' and contests in that tribunal .... and therefore by this perpetual law We sanction that the name of bishop or of those persons who
serve the needs of the Church shall not be haled before
secular courts, whether the courts of the judges ordinary
or those of extraordinary judges. For such clerics shall
have their own judges and shall not have anything in
common with the public laws, in so far, however, as the
matter pertains to ecclesiastical cases which are properly
decided by the episcopal authority. Therefore, if a suit
which pertains to Christian sanctity should be instituted
against any persons, they shall properly litigate under that
judge in order that he may be the superior5 of all the
priests in his own district, that is, throughout the Diocese
of Egypt, dearest and most gracious Optatus.
Wherefore Your Laudable Authority by your temperate
decision shall terminate any such cases that may occur,
and Bishop Timotheus shall have the power of sacred decisions, since all men have preferred him even to their own
court. For he is a man who is both to be venerated because of the high esteem of all the priests and one who
has already been approved by Our judgment also.
Given on the day before the nones of February at Constantinople.
-February 4, 384(f).6
7 may be revealed to the priests, M.
1 Sirm. 1-2; CTh 16, 2: 12, 23, 41, 47; 16, II, I; Sirm. 15.
2 fraud, M.
3 such a plea, M.
4 contests, in this matter We see that a remedy is found and, M.
5 Or: who is superior. The reference is to Timotheus, Bishop of
Alexandria, who is mentioned below.
6 The inscription lacks the name of Gratian who died in 383.
Bishop Timotheus died in 385. Hence the date of the constitution
seems to be 384.
E 478 ]
Sirm. 6
Clerics Shall Not Litigate in Secular Courts

TITLE 4: SLAVES MUST NOT BE CIRCUMCISED BY JEWS, AND JEWS WHO HAVE BECOME CHRISTIANS MUST NOT BE DISTURBED' (NON DEBERE SERVOS A JUDAEIS
CIRCUMCIDI NEC INQUIETARI JUDAEOS
QUI CHRISTIANI FIUNT)
Emperor Constantine Augustus to Felix, Praetorian Prefect.
The very salutary sanction of Our constitution' was
formerly promulgated which We renew by the veneration
of Our repeated law. It is Our will that if any Jew should
purchase a Christian slave or a slave of any other sect
whatever and should not greatly fear to circumcise such
slave, the person thus circumcised shall be rendered master
of his freedom by the measures of this statute and shall
obtain possession of the privileges thereof. It shall not be
permissible for a Jew who has circumcised a slave of the
aforesaid class to retain such slave in the service of slavery. For by this same sanction We command that if any
Jew should unlock for himself the door of eternal life,
should deliver himself to our holy worship, and should
choose to be a Christian, he shall not suffer any disquietude or molestation from the Jews. If any Jew should
suppose that he should assail with outrage any person who
has been converted from Judaism to Christianity, it is Our
will that as the contriver of such contumely he shall be
subjected to avenging punishments in proportion to the
nature of the crime which he has committed, 0 Felix,
dearest Father.3 Wherefore on account of the love of Divine Providence We trust that such a person4 will be safe
in the entire Roman world and that due reverence for Us
will be observed. It is Our will that Your Excellent Sublimity by your letters dispatched throughout the diocese
that is entrusted to you shall admonish the judges' most
earnestly to enforce such due reverence.
Given on the twelfth day before the kalends of November.-October 21, 336; 335. Posted on the seventh day before the ides of
March at Carthage in the year of the consulship of Nepotianus and
Facundus.-March 9, 337; 336.
TITLE 5: FOUNDLINGS SHALL BE THE

PROPERTY OF THOSE PERSONS WHO ACQUIRED THEM, OR DOUBLE THE PRICE
AND THE EXPENSES MUST BE REPAID'
(COLLECTICIOS EORUM ESSE QUI COLLEGERINT AUT PRETII DUPLUM NUMERARI
ET EXPENSAS)
Our Lords Honorius and Theodosius Augustuses to Projectus, Governor.2
Defense is afforded by shameless trickery if those persons are reclaimed to their original condition and their
birth status who could not be aided by their master or
patron at a time of famine, when they were being forced
to death by poverty. Furthermore, it is inequitable if any
1 CTh 16, 9, i; 16, 8, 5.
8 Sirm.
2 Not extant.
person should hope and dare to vindicate as obligated to

him by any title a man who has been kept alive at the expense of another. Therefore Your Magnificence shall investigate all the circumstances concerning those persons
who on account of necessity have been either purchased or
perhaps collected,4 and you shall cause them to remain in
the ownership of those persons who acquired them. If such
foundlings should be demanded by anyone, he shall pay as
a price twice the amount of money that was given as a
price by the possessor and also the account of the expenses
that have been incurred. Finally, We permit such persons
to return to the claimant in such a way that it shall not be
a thankless deed to have furnished subsistence to a dying
person, in that the persons thus kept alive at the expense
of one person may afterward profit the advantages of
another.
of the consulship of the Most Noble Monaxius and Plinta.-May I8,
419-
TITLE 6: CLERICS SHALL NOT BE PERMITTED TO LITIGATE IN A SECULAR COURT;

HERETICS MUST BE CAST OUT OF THE
MUNICIPALITIES; CHRISTIANS MUST NOT
BE SLAVES OF JEWS; JEWS MUST NEITHER
PLEAD CASES NOR BE MEMBERS OF THE
IMPERIAL SERVICE (NON LICERE CLERICOS JUDICIO LITIGARE ET HAERETICOS
DEBERE DE CIVITATIBUS PROJICI. CHRISTIANOS NON DEBERE JUDAEIS SERVIRE
NEC JUDAEOS CAUSAS AGERE VEL MILITARE)
Emperor Theodosius Augustus and Valentinian Caesar
to the Illustrious Amatius, Praetorian Prefect of Gaul.
We restore with eager devotion to all the churches and
the clergy their privileges which the tyrant 2 had begrudged
to Our age, namely, that whatever each of the bishops
obtained from the sainted Emperors shall be confirmed
and preserved throughout all eternity. The presumption
of no person shall dare to disturb a situation in which We
confess that a privilege has rather been granted to Us.
Clerics also, who the accursed presumptor 2 had declared
must be led indiscriminately before secular judges, We
reserve for a hearing before the bishops, and those regulations shall remain valid which antiquity sanctioned in
regard to them. For it is not right that ministers of the
divine service should be subjected to the judgment of temporal authorities.
Therefore Your Illustrious Authority shall command
that the regulations which We have ordered and which
shall be valid for all the ages shall be issued to the knowledge of the provinces, to be observed, even under the penalty prescribed for sacrilege. You shall especially include
in your illustrious commands that in all matters the statutes of the ancient Emperors shall be observed with respect to ecclesiastical privileges. But We direct that the
divergents bishops who follow the nefarious false doc-
i, n. 3.
4 The Jew who has been converted to Christianity, reading tutum

fore. Or, reading qui: that such a person who . .. and that due
reverence for Us will be observed.
5 The governors of the provinces, the judges ordinary.
Or: the statements.
4 As foundlings.
1 CTh
2
16, 2, 47; 16, 5, 62 and 64; Sirm. 3.

Johannes, who usurped the power at Rome on the death of
Honorius in 423.
1 CTh 5, 9-lo; NVal. '33.
2 consularis.
3 diversi, divergent, schismatic, heretical. Cf. CTh. 16, 5, nf. I, 85.
E479 1
Sirm. 6
Clerics Shall Not Litigate in Secular Courts
trine of the teaching of Pelagius and Caelestius shall be

formally notified by Patroclus, Bishop of the sacrosanct
law. Because We trust that they can be reformed, if they
should not correct their errors and return to the Catholic
faith within twenty days from the time of such notification, during which time We have granted them an opportunity for deliberation, they shall be expelled from the
regions of Gaul, and in their place shall be substituted a
more loyal priesthood, in order that the blot of the present
false doctrine may be cleansed from the minds of the
people and the boon of a more upright discipline may be
established for the future.
Because, of ,course, it is unseemly that religious people
should be depraved by any superstitions, We command
that the Manichaeans and all other heretics, whether schismatics or astrologers, and every sect that is inimical to the
Catholics shall be banished from the very sight of the
various cities, in order that such cities may not be defiled
by the contagion even of the presence of such criminals.
To Jews also and to pagans We deny the right to plead
cases and to be members of the imperial service. It is Our
will that persons of the Christian faith shall not be slaves
of such persons, lest by the occasion offered by ownership they should change the sect of the venerable religion.
Therefore We order all persons of such ill-omened false
doctrine to be banished, unless swift reform should come
to their aid.
Given on the seventh day before the ides of July at Aquileia in
the year of the eleventh consulship of Our Lord Theodosius Augustus and the consulship of Valentinian.-July 9 (August 6), 425.4
TITLE 7: WITH THE EXCEPTION OF THE

FIVE CRIMES CUSTOMARILY EXCEPTED,
PERSONS ACCUSED' OF ALL OTHER CRIMES
SHALL BE FREED FROM THE CUSTODY OF

PRISON ON ACCOUNT OF THE CELEBRATION OF EASTER2 (UT EXCEPTIS QUINQUE
SOLITIS CRIMINIBUS, ALIORUM OMNITM
REI CARCERIS CUSTODIA PROPTER PASCHALEM SOLEMNITATEM LIBERENTUR)
Emperors Valentinian, Theodosius, and Arcadius' Augustuses to Eutropius, Praetorian Prefect.
We have been moved by the will of Almighty God, and
in accordance with the felicity of the age We publish the
peaceful benefits of Our Clemency, namely, that those
persons who are disturbed by the terror of imminent punishment shall be restored by the indulgence of unexpected
compassion to perpetual security, and they shall be brought
again to the joys of the common life which had been forfeited by the cruelty of their misdeeds. Thus they shall be
imbued with the light of such a new restoration and shall
have a renewal of the better life. Finally, therefore, for
the festivity of Easter, which We venerate with a common
and lofty profession, We remit the punishment of crimes,
in order that those persons who are thus freed by the indulgence of Our Clemency may follow the precepts of a
better life and may not dare to commit any dangerous
4
16,
2, n. 136.
2 CTh 9, 38; Sirm. 8.

'rei, accused, guilty.
3 Gratian, Valentinian, and Theodosius, since the laws issued to
Eutropius while Praetorian Prefect belong to 380-381.
crime, 0 Eutropius, dearest and most beloved Father.4

Those persons shall be excepted herefrom whom the
enormity of the five crimes' does not permit to be released.
All others you shall free from the custody of prison and
restore to their pristine status. Thus Our indulgence shall
deliver them to the freedom that is common to all men,
and they shall enjoy the favor of the security that has
been granted.
(380-381)3
TITLE 8: WITH THE EXCEPTION OF THE

FIVE CAPITAL CRIMES, ALL ACCUSED PERSONS' WHOM THE CELEBRATION OF EASTER FINDS IN PRISON SHALL BE RELEASED,
IN ACCORDANCE WITH THE JOY AND VENERATION OF SO GREAT A FESTIVITY2 (UT
PRAETER QUINQUE CAPITALIA CRIMINA,
OMNES REI QUOS PASCHALIS SOLEMNITAS

IN CARCERE INVENERIT DIMITTANTUR
PRO GAUDIO ET VENERATIONE TANTAE
FESTIVITATIS)
Emperors Valentinian, Theodosius, and Arcadius.
The times desired by good minds has arrived for Our
Serenity to exercise the devotion by which We are always inspired, even beyond the custom of Our established
and annual clemency, for the extension of Our indulgence
in accordance with custom and Our natural kindness. For
not at any other time is it more fitting for the imperial
piety to equal such benefits than when a sacred day is
renewed with festive celebration throughout the entire
world. Even beyond that clemency which has been proclaimed, so to speak, and handed down by our ancestors
for the observance of religion, We pour forth humanity
abundantly, and We extend the aid of Our sacred imperial
mind to free almost all persons whom the severity of the
laws has held bound. Furthermore, throughout all the intervening time which flows between such venerable and
celebrated days, We relieve such persons from their chains,
We free them from exile, We remove them from the
mines, and We liberate them from the exile of deportation, since it is sufficiently evident that there is almost no
day on which We do not order some merciful and holy
deed; for We deem that We even suffer a certain loss of
time4 if there should not happen to be some person who
may be freed. From the fact that We hasten this deed, it
is apparent that always We eagerly seize this necessary
occasion for relaxing the laws,- in so far, however, as just
humanity permits, and We continue such voluntary sanctity throughout all seasons. For in the midst of festive
ceremonies and the venerable rites of a sacred season it is
not seemly that the dissonant voices of the unfortunate
should resound; that accused persons,' with their disheveled hair in deathly disorder should be dragged as objects
4
Sirm. I, n. 3.
1rei, accused, guilty.

2 CTh 9, 38; Sirm. 7.
3 Of the Easter season.
4 damnum horarum, literally, the loss of an hour, an allusion to
the saying attributed to the Emperor Titus, when a day had ended
without any opportunity for the performance of a good deed: "My
friends, I have lost a day." Suetonius, Titus, C. 8; Nov. Th. 5, 1.
The Emperor Theodosius thus outdoes the Emperor Titus, in that
he wishes no hour to pass without the performance of a good deed.
I Add: for criminals, accused persons, M.
E 480 ]
Clerics Shall Not Live with Extraneous Women
Sirm. 10
of the common pity; that groans brought from the depths

of the heart should be heard, although sacred and joyful
occasions are in harmony with each other; and it is not
fitting, in the midst of the serene words of the prayers
and the pious voices dedicated to the eternal Divinity, to
feel, to hear, or to see anything sad. Whence We do not
suppress Our well known clemency as shown by Our
benefits, but We open also the prisons, We lay aside the
chains, and We properly abolish the occasion for uncombed
hair in the prison that is dark with filth. We snatch all
persons from the death penalty except those who cannot
properly be assisted because of the magnitude of their
crimes. Those crimes which have been excepted from the
general indulgences shall have their own fate, and the
legally specified outcome shall hold persons guilty" of the
greater crimes. We shall not commit an outrage upon the
shades of the dead by absolving any person who is guilty'
of the crime of homicide; We shall not leave unavenged
the marriage bed of any person by remitting the punishment of persons guilty' of adultery and other such crimes;
We keep intact cases of high treason, which extends
widely. We do not join to the felicity of absolution those
persons who sin against the stars," poisoners or magicians,
or counterfeiters, since indeed, they are not worthy of the
enjoyment of the festive day, if they have committed
crimes that are more grievous than the ones that a prudent
clemency customarily pardons. In order that We may not
employ too long a speech7 in this series of crimes, with the
exception of the customary and well known crimes, We
relax the punishment of the others, dearest and most gracious Antiochinus.
Wherefore, Your Respectability shall order that the
commands of Our Clemency shall be fulfilled as quickly
as possible, in order that the joyful regulations may be
extended more swiftly, and during the common celebration of all men, if any person should deserve to be absolved, his punishment shall be suspended.
be on guard and should provide that among the good there

shall not be those who cannot be good, nevertheless, in
order that crimes which have been apprehended shall not
flourish, and that there shall not be unrestrained pertinacity in sinners, it is Our pleasure that if a bishop should
judge any cleric unworthy of his office and should separate him from the ministry of the Church, or if any
cleric should voluntarily abandon his professed service of
the sacred religion, he shall be immediately vindicated to a
municipal council, so that he may no longer have free opportunity to return to the Church. According to the legal
status of the man and the amount of his patrimony, he
shall be joined either to his own municipal senate or to a
guild of the municipality, with the provision that he shall
be obligated to the performance of the compulsory public
services for which he is suitable, and thus there shall be
no opportunity for collusion. For each such person, two
pounds of gold shall be exacted from each of the ten chief
decurions and paid to Our treasury, if these decurions
should be guilty of unlawful connivance and foul collusion
with any person; and to the aforesaid most wicked men
every avenue to all offices of the imperial service shall be
barred. For those persons cannot be faithful anywhere if
they are rejected by the Church as unfaithful to the Most
High God, 0 Theodorus, dearest and most beloved Father. 2
Your Illustrious Magnificence shall cause this regulation to come to the knowledge of all by means of letters
issued to the judge of each province, so that edicts duly
posted shall publish this regulation to the whole world.
Given on the tenth day before the kalends of May at Constantinople

of Evodius.-April 22 (February 20), 386.
ICI CUM EXTRANEIS FEMINIS NON HABITENT ET SACRARUM VIRGINUM RAPTORES

DEPORTATIONE PLECTANTUR)
TITLE 9: THE MUNICIPAL COUNCIL SHALL

VINDICATE FOR ITSELF CLERICS WHO
HAVE BEEN CONDEMNED BY THE BISHOPS
AND SEGREGATED FROM THE CHURCH'
(UT DAMNATOS AB EPISCOPIS CLERICOS
ET AB ECCLESIA SEGREGATOS CURIA SIBI
VINDICET)
Emperors Arcadius and Honorius Augustuses to Theodorus, Praetorian Prefect for the second time.
Would that only those persons might assume the name
of cleric whose lives could not revert to an inferior state!
There would be common rejoicing, and human veneration
would easily pursue the pious rites and the divine worship. But vices easily creep in, so that false doctrine also
steals into places where there cannot be anything that is
not pure. Even if the censure of the priestly court should
6 Astrologers.
7 In order that Our joyous speech may not be longer occupied

with this series, M.
1 CTh 16,
services.
2,
39; Glossary, curials, guilds, compulsory public

in the year of the consulship of the Most Noble Bassus and Philippus.-November 27, 408.
TITLE 10: CLERICS SHALL NOT LIVE WITH

EXTRANEOUS WOMEN; THE RAVISHERS
OF HOLY MAIDENS SHALL BE PUNISHED
WITH EXILE BY DEPORTATION' (UT CLER-
Emperors Honorius and Theodosius Augustuses to Palladius, Praetorian Prefect.

The faithful recommendation 2 of a religious priest demands a discipline that is commendable to the world. For
in accordance with good morals he insists that clerics who
serve the sacred ministries shall not be joined to extraneous women whom they excuse by the disgraceful association of the appellation of "sister." For We trust that
there is such reverence for God in consecrated minds that
the consciousness of a wicked persuasion does not know
the habitation of this licentious retreat. But though such
wicked persuasion may not enter4 into such an association
and friendship, rumor contaminates and the addition of
2
Sirm. i, n. 3.
judex, the judge ordinary, the governor.
1
2 CTh 16, 2, 44; 9, 25, 3.
suggestio, official report, recommendation to the Emperor. This
may refer to some recommendation of a bishop to the Emperor, or
it may refer to the impelling force of the conscience of some cleric.
a Or: it is a question of good morals. M. suggests: it aids good
morals.
4 Most editors consider the text corrupt. M. suggests:
The person
who completely abstains from such an association and friendship is
not contaminated by rumor nor does the addition.
E 481 J
Sirm. 10
Clerics Shall Not Live with Extraneous Women
the opposite sex gives an opportunity for evil morals,

since the example of obscene suspicion entices to the allurements of crime those persons situated outside' and
living according to the public law.
Since these things are so, Your Illustrious and Excellent Magnificence by posting edicts everywhere shall publish the sanction of the present imperial oracle, so that if
any person relies upon any rank whatever in the priesthood or is distinguished by the honor of the clergy, he
shall know that consorting with extraneous women is forbidden to him. This concession alone is granted to him,
that he may have within the bounds of his own home his
mother, daughters, and sisters german; for in connection
with these, the natural bond permits no perverse crime to
be considered. Chaste affection, moreover, demands that
those women who lawfully obtained marriage before their
husbands assumed the priesthood should not be deserted.
For those women who have made their husbands worthy
of the priesthood by their association are not unsuitably,
joined to clerics.
The decrees of the foregoing laws also confirm that
part of the recommendation,6 namely, that if any ravisher,
prodigal of his own life, should solicit a maiden consecrated to God, his goods shall be confiscated and he shall
be punished by deportation. The right is granted to everyone to make this accusation without fear of the charge of
being an informer.7 A person must not be demanded as an
informer if his humanity invites him to this course for
the sake of the purity of religion.
year of the ninth consulship of Our Lord Theodosius Augustus and
the third consulship of the Most Noble Constantius.-May 8, 420.
TITLE 11: FROM WHAT BURDENS THE

CHURCHES SHALL BE HELD EXEMPT' (A
QUIBUS ONERIBUS ECCLESIAE HABEANTUR IMMUNES)
Our Lords the Emperors Honorius and Theodosius Augustuses to Melitius, Praetorian Prefect.
Since We comply with the services of sacrosanct religion with devoted assiduity, the religious report2 of
Your Magnificence has rightly admonished Our Clemency to the confirmation of those privileges which antiquity assigned to the churches, in order that the attempts
of rash and lawless men may be entirely suppressed,
whose desire it is always to assail Christian innocence, and
in order that We may sanction that general rule of Our
decision to which hereafter no opponent shall exist with
impunity. We have carefully considered the tenor of a
reasonable plan, and therefore it is Our pleasure, since
. the confused situation leaves a way for
what remedy ...
very wicked deeds of audacity, to prescribe by a strict
regulation from what compulsory public services specifiOutside the clergy.
6desiderium, desire, petition, recommendation, the suggestio of
5
note 2.
7 delatio,
the crime of acting as an informer was ordinarily pun-
ished with severe penalties, CTh
1 CTh 16,
2,
1o,
o.
4o; II, !6; Glossary, compulsory public services,
taxes.
2
suggestio; cf. Sirm. 10, n. 2.
3 since We seek whatever remedy may occur and the confused

requests of the priests leaves a way, M.
cally the churches of each of the cities, shall be held

exempt.
Indeed, first of all, the contumely of that well known
usurpation must be abolished, that is, the landed estates
consecrated to the uses of the heavenly mysteries shall not
be vexed by the burden of compulsory public services of a
menial nature.4 The injustice of constructing and repairing roads shall not bind any unit of taxable land which
enjoys the lot of such privileges. No extraordinary burden
or superindiction shall be required of such unit of taxable
land; no restoration of bridges, no responsibility for
transportation shall arise; no gold and other such taxes
shall be required. Finally, nothing which the sudden
burden of extraordinary necessity may demand in addition
to the regular tax payment shall be assessed upon the
compulsory public services required of such land unit.
The churches shall be free for the duties of divine
preaching only, duties of which they are well aware, and
they shall spend all the moments of all the hours in due
devotion to prayer. They shall rejoice eternally in the
protection of Our generosity, since We rejoice in their
devotion to the worship of eternal piety.
Therefore Your Sublime Magnificence, along with Us,
shall be suitably girded with a religious spirit in a case of
this kind; you shall learn the text of the present imperial
oracle' which shall endure with perpetual validity for all
ages. All the regulations shall be confirmed which We prescribe by the authority of this sanction in consideration of
sacrosanct worship. You shall admonish the judges of the
provinces by written instructions issued to them that they
shall clearly recognize that every person shall be stricken
with the severest punishment if he should perhaps hereafter attempt anything by the exertion of rash and lawless
presumption, to the injury of the Church and of Our
regulation. If any person should be apprehended in such
deeds, in the very act of his contumacious sin, he shall
incur the severity of due punishment which must be rightfully imposed upon the sacrilegious,6 and he shall then
suffer the exile of perpetual deportation.
Given on the eighth day before the kalends of July at Ravenna
in the year of the fourth consulship of Our Lord Theodosius Augustus.-June 24,
412; 411.
TITLE 12: AGAINST HERETICS AND PAGANS: THE BUILDINGS AND TEMPLES OF
BOTH SHALL BE VINDICATED TO PUBLIC
USE' (ADVERSUS HAERETICOS ET GENTILES, ET DE UTRORUMQUE AEDIFICIIS
ATQUE TEMPLIS AD USUM PUBLICUM VINDICANDIS)
Emperors Honorius and Theodosius Augustuses to Curtius, Praetorian Prefect.
The profane spirits of the heretics and the superstition
of the pagans ought to have been corrected by the solicitude alone of those religious men, the priests of God, as
they note such crimes, by their sedulous admonitions and
by their authoritative teaching. Nevertheless the regulations of Our laws have not become ineffective, which also
4sordida munera, CTh II, 16.
5 The present law, as issued by his sacred imperial Majesty.
6 Min. Sen., n. 15.
1 CTh 16, 5, 43; 16, io, ig; 6, 5, nn.
[ 482 ]
I,
85.
Sirm. 13
Sanctuary in the Churches

by the terror of punishment that has been proposed shall
lead back to the worship of Almighty God those persons
who go astray, and which shall prepare the ignorant also
for divine service. But without doubt the very force of
evil, which confuses human and divine affairs alike, has
driven very many persons, who have been deceived by
wicked persuasions, to a present as well as to a future
destruction, and it has destroyed the lives of the unfortunate at the same time for God and for Us, in that it has
delivered such persons to the laws here and it compels
them to bear the judgment there.
We have been impelled, therefore, by the pertinacity of
the Donatists and the madness of the pagans which have
been enkindled by the evil sloth of the judges, by the connivance of the office staffs, and by the contempt of the
municipal senates, and We deem it necessary to repeat the
regulations which We have ordered. Therefore, all decrees
which We have issued with the authority of general laws
against the Donatists, who are also called Montenses,
against the Manichaeans or the Priscillianists, or against
the pagans, We decree shall not only remain in force but
shall be put into the fullest execution and effect. Thus the
buildings of the aforesaid persons and those of the Caelicolists, who hold assemblies of some new doctrine, shall
also be vindicated to the churches. The punishment established by law must surely consider as convicted those persons who confess that they are Donatists or shun the communion of the Catholic priests under the pretext of a
perverse religion, although they pretend that they are
Christians.
Now, indeed, their income2 from taxes in kind shall be
taken away from the temples and shall assist the annonarian account for the benefit of the expenses of Our
most devoted soldiers.
If any images stand even now in the temples and
shrines, and if they have received, or now receive, any
worship of the pagans, they shall be torn from their
foundations, since We recognize that this regulation has
been very often decreed by repeated sanctions. The buildings themselves of the temples which are situated in cities
or towns or outside the towns shall be vindicated to public
use. Altars shall be destroyed in all places, and all temples
situated on Our landholdings shall be transferred to suitable uses. The proprietors3 of the landholdings shall be
compelled to destroy such altars and temples.
It shall in no wise be permitted to hold convivial banquets in honor of sacrilegious rites in such funereal places
or to celebrate any solemn ceremony. We grant to bishops
also of such districts the right to use ecclesiastical power 4
to prohibit such practices. For We grant to them the power
of execution by the members of the secret service, Maximus, Julianus, and Eutychus, in order that those regulations may be fulfilled which have been established by
general laws against the Donatists, the Manichaeans, and
other such heretics and pagans. These men,5 however,
shall know that the measure of the statutes must be observed in all respects, so that those deeds which appear to
have been committed contrary to the prohibition they shall
immediately report to the judges to be punished according
2 In pagan times the temples were endowed with property that
produced an income.
3 domini, owners, controllers, proprietors.
4 ecclesiastica manus.
5 The
members of the secret service.
to the force of the laws. Such judges shall be constrained

by the penalty of a fine of twenty pounds of gold, as previously established, and a like fine has been published for
their office staffs and the municipal senates, if these regulations which We have established should be disregarded
by their connivance, 0 Curtius, dearest and most beloved
Father.'
This provision which has been made to preserve the
morals and the religion of men, Your Sublime Magnificence shall cause to come to the governors7 of the provinces, and you shall order that it shall be observed with
the proper vigor by all men.
Rome.-November 25 (i5), (407). Posted at Carthage in the Forum
under the edict8 of the ProconsulPorphyrius on the nones of June in

the year of the consulship of the Most Noble Bassus and Philippus.
-June 5, 4o8.
TITLE 13: PERSONS WHO FLEE FOR SANCTUARY TO THE CHURCHES SHALL BE
SAFE WITHIN FIFTY PACES OUTSIDE THE
DOORS. UNRESTRICTED ENTRANCE SHALL
BE AVAILABLE TO A BISHOP WHO IS VISITING PRISONS' (DE CONFUGIENTIBUS AD
ECCLESIAS UT QUINQUAGINTA PASSIBUS
EXTRA FORES SECURI SINT, ET UT EPIS-
COPO CARCERES VISITANTI LIBER ADITUS

PATEAT)
Emperors Honorius and Theodosius, Pious Augustuses.
It is fitting that humanity, which was known even before Our times, should temper justice. For when very
many people flee from the violence of a cruel fortune and
choose the protection of the defense of the churches, when
they are confined therein, they suffer no less imprisonment
than that which they have avoided. For at no time is an
egress opened to them into the light of the vestibule.
Therefore the sanctity of ecclesiastical reverence shall apply to the space of fifty paces beyond the doors of the
church. If anyone should hold a person who goes forth
from this place,2 he shall incur the criminal charge of sacrilege. For no compassion is granted to the fugitives if the
free air is denied to them in their affliction.
We grant to the priest' the right also to enter the courts
of the prison on a mission of compassion, to heal the sick,
to feed the poor, and to console the innocent; when he has
investigated thoroughly and has learned the case of each
person, according to law he shall direct his intervention
before the competent judge. For We know, and supplica6 Sirm. I, n. 3.
7 rectores, the judges ordinary, mentioned above.

8 In accordance with the customary procedure, the Emperors issued this law to Curtius, Praetorian Prefect, with instructions to
notify all his subordinates. Curtius sent a copy, with his letter of
notification, to each governor of a province in his prefecture. Each
governor posted the law, together with his explanatory edict, sometimes with the letter of notification. The present copy of the law
was posted under the edict of the proconsul, but it might have been
posted above the edict, since both usages were customary, though
sub edicto may mean "by means of the edict," as well as "under the
edict," NVal 27, n. 15. Cf. 16, 5, 34, n. 77.
1 CTh 9, 45; 9, 3, 7.
2 If anyone in this place should hold a
person who goes forth
from the church, M.
3 sacerdos, the bishop.
E 483
Sirm. 13
Sanctuary in the Churches
tions have come to Us in regard to such cases in numerous

audiences, that very many persons are frequently thrust
into prison in order that they may be deprived of the
freedom to approach the judge; and when a rather humble
person once begins to suffer imprisonment before his case
is known, he is compelled to suffer the penalty of outrage.4
The contumacious office staff shall immediately pay to Our
fisc two pounds of gold if the feral doorkeeper should exclude a priest' who is caring for such sacred matters.
Given on the eleventh day before the kalends of December at
Ravenna in the year of the consulship of the Most Noble Monaxius
and Plinta.-November 21, 419.
TITLE 14: THE BISHOPS WHO HAVE BEEN

HARASSED IN AFRICA: HEREAFTER THOSE
PERSONS SHALL BE PUNISHED WITH A
CAPITAL SENTENCE WHO COMMIT OUTRAGE AGAINST THE CHURCHES OR THE
BISHOPS AND MINISTERS (DE EPISCOPIS
IN AFRICA VEXATIS: UT CAPITALI SENTENTIA DEINCEPS IN EOS VINDICETUR QUI
ECCLESIIS VEL EPISCOPIS AC MINISTRIS
INJURIAM INTULERINT)
Emperors Honorius and Theodosius to the Illustrious Theodorus, Praetorian Prefect.
There is no doubt that the deed2 was done with the connivance of the judges, and because of their culpable dissimulation the crime remained unpunished which We learn
under public attestation was committed, and likewise was
not punished, to the disturbance of the public peace and
the contempt of the Christian religion, which We venerate
with due worship. Dissimulation is the next thing to crime
in a judge who is not defended by ignorance of the crime
that has been committed. We learn that throughout Africa
so much has been permitted to the rash lawlessness of
certain persons that they afflicted with various tortures
bishops of the Christian faith who had been snatched from
their own homes or, what is more atrocious, who had been
dragged from the inner sanctuaries of the Catholic Church.
But, to the outrage alone of divine worship, they have
defiled other bishops by tearing away part of their hair, or
they have disfigured them by some other kind of outrage
and have exhibited them to the gaze of the assembled crowd.
Thus pardon shall be more difficult with respect to those
persons whose safety had obtained forgiveness by contempt.
The authority of the African judges does not prosecute by
right of the power entrusted to them the wrong of so great
a crime and the monstrous disgrace never found before,
and their due responsibility to refer cases to Us has not
caused such cases to come to Our knowledge. We do not
believe that such crimes can be unknown to such judges,
since they are said to have been committed publicly in the
municipalities, and since the constant care of the municipal
magistrates and senates and the solicitude of their apparitors, the rural police,4 who are the ministers of messages
and of evidence, reports these crimes to the absence of the
4injuriam poenae, an outrageous penalty?
1 CTh 16, 2, 31; 16, 5, 46; 16, 5, nn. I, 85.
2 The incident is otherwise unknown.
8 An extension of the principle that ignorance of the law is no
excuse, CTh I, I, 2.
4stationarii.
authorities.5 Is it permissible to report trivial matters and

to be silent about more serious ones? They would not have
kept silent about a matter that they feared would become
known through another to their own governors" unless they
knew that the judge did not wish to punish it. Must we
wait for the bishops to institute criminal charges contrary
to the sanctity of their own profession, to prosecute their
own wrongs and to demand vengeance by the death of the
guilty persons, when such bishops should properly be
avenged even against their own will? The persuader of
mercy for others, the teacher of forgiveness is brought into
the necessity of appearing to have managed for himself that
which another would not refuse to him if he asked, or of
enduring the violence of unpunished criminals, if he should
follow the teachings of the priesthood. Unless either the
vigor of the authorities or the trustworthiness of the
judges, with laudable power, should protect the bishops and
other ministers of the Catholic Church, they will be delivered to the audacity of the worst men. Wherefore We
order that the authority of the various judges throughout
Africa, without the injury of innocent persons, shall seek
out those persons who are said to have committed such
crimes, shall produce them in the proper court, and if it
should be recognized that they are convicted by manifest
proof, of whatsoever dignity and honor 7 the offenders are
proved to be, such judges shall either deliver them to the
mines or shall compel them to undergo the penalty of deportation. Their property shall be joined to Our fisc, and thus
they shall have their lives conceded to them by Our customary clemency, although this will not be granted in the
case of similar crimes in future times.
Since indeed, we have established that the provisions of
the present law must be observed by all men forever, 0
Theodorus, dearest and most beloved Father," it is Our will
that the following regulation shall be prefixed to the letter 9
of Your Illustrious Magnificence, shall be published by
means of edicts, and shall come to the knowledge of all:
namely, if any person should break forth into such sacrilege that he should invade Catholic churches and should
inflict any outrage on the priests and ministers or on the
worship itself and on the place of worship, whatever occurs shall be brought to the notice of the authorities, by
letters of the municipal senates and of the magistrates,o
by the curators,10 and by official reports of the apparitors
who are called rural police,4 so that the names of those who
could be recognized may be revealed. Moreover, if the offense is said to have been perpetrated by a multitude, some,
if not all, can nevertheless be recognized, and by the confession of these, the names of their accomplices may be
disclosed. Thus the governor" of the province shall know
that the outrage to the priests and ministers of the Catholic
Church, to the divine worship, and to the place of worship
itself must be punished with a capital sentence against the
aforesaid convicted or confessed criminals. The governor
shall not wait until the bishop shall demand the avenging
of his own injury, since the sanctity of the priesthood leaves
5 A rhetorical figure. The crimes were regularly reported to the

presence of the authorities, but the authorities found it convenient
to be absent, or at least derelict to their duties.
6 rectores, the judges ordinary, mentioned below.
I honor, honor, office, high rank.
8 Sirm. I, n. 3.
9 Sirm. 12, n. 8.
11 moderator, n. 6.
E 484 1
Sirm. 15
Criminal Charges against the Clergy

nothing to him except the glory of forgiving. It shall be
not only permissible but even laudable for all persons to
prosecute as a public crime the atrocious outrages committed against priests and ministers and to exact punishment from such criminals. Thus for this reason at least
the audacity of evil men shall fear because of the accusations of others the action which they are confident cannot
be brought against them through a bishop. If it should be
impossible to bring to court a violent multitude by the
operation of civil apparitors and by the help of the municipal senates and landholders, in case the multitude protects
itself by arms or by the difficulty of the places, the African
judges shall prefix9 the tenor of this law to letters which
they shall send to the Respectable Count of Africa, and
they shall demand the aid of the armed apparitors, in order
that the perpetrators of such crimes may not escape.
The Donatists and the rest of the vain heretics and
others who cannot be converted to the worship of the
Catholic communion, that is, the Jews and the gentiles
who are commonly called pagans, shall not suppose that
the provisions of the laws previously issued against them
have diminished in force. All judges shall know that the
precepts thereof must be obeyed with loyal devotion, and
among matters of special concern, they must execute whatever We have decreed against such persons. If any of the
judges, through the sin of connivance and the trickery of
dissimulation, should fail to execute the present law, he
shall know that he will forfeit his official rank and that
he will suffer a more severe action of Our Clemency. His
office staff also, if it should jeopardize its own safety by
contemptuously refusing to give official instructions, shall
be subjected to a fine of twenty pounds of gold, in addition
to the punishment of its three primates. Moreover, if the
members of a municipal senate, out of favoritism to the
persons subject to punishment, should keep silent about
the commission of such an offense in their own municipalities or the territories thereof, they shall know that they
will suffer the penalty of deportation and the forfeiture of
their own property.
Ravenna in the year of the ninth consulship of Our Lord Honorius
Augustus and the fifth consulship of Our Lord Theodosius Augustus.-January 15, 409.12
TITLE 15: THOSE PERSONS WHO CANNOT

PROVE CRIMINAL CHARGES WHICH THEY
HAVE LODGED AGAINST THE CLERGY
SHALL UNDERGO THE BRAND OF INFAMY(EOS INFAMIAE NOTAM SUBIRE QUI OBJECTA CLERICIS CRIMINA PROBARE NON POSSUNT)
Emperors Honorius and Theodosius Augustuses to the
Illustrious Melitius, Praetorian Prefect.
Not in vain did the jurisprudence of the ancients 2 establish a solace for assailed innocence and devise vengeance
for those persons who were absolved of guilt, in order that
unrestricted prosecution by calumniators might not afflict
the innocent. Indeed, the penalty which has been estab12
lished3 for such criminal charges terrifies the accused and

makes the accuser more cautious in consideration of the
retaliatory punishment. Thus a person who is aroused at
any time only by the stimulus of personal enmity may not
bring before the judges charges which cannot be proved.
This equity of the courts has been confirmed by the responses of the ancients- and by the eternity of Our laws,
it has been conferred upon all persons, and now it must
be of assistance to the clerics, who must not be accused
except before bishops. Such clerics shall have nothing in
common,5 in order that priests of the venerable worship
and ministers consecrated to the Christian faith, by the
heedless decision of a calumniator may not be defiled by
the interposition of any criminal charge whatever which has
not yet been proved, since to them, in consideration of religion, a greater reverence must be shown than to any other
such persons. Thus We shall not permit wrong to be done
unjustly and illicitly without punishment against such persons, to whom reverence should worthily have been shown
in accordance with their merit.
Wherefore, by an eternal law that shall be pleasing to
all men, We sanction that if a bishop, a priest, a deacon,
or any person of inferior rank who is a minister of the
Christian faith should be accused by any person whatever
before the bishops, since he must not be accused elsewhere,
whether the accuser should be of lofty honor or of any
other dignity, who may undertake such a deplorable type
of suit, namely, that a man who is polluted with any sins
or crimes, by falsification should bring information against
persons who have been approved by their service, who hold
a place in the priesthood, and who serve the divine mysteries, such accuser shall know that he must allege only
what may be demonstrated by proofs and supported by
documents. If there is any fault in a minister of religion,
he must be removed because of the pollution of his life,
and he cannot participate in the sacred mysteries. But if the
accuser is of such madness that he appears to have assailed
the character of such men by the criminal charges which
he has devised and which are not supported by any proofs
or . . . if any man, therefore, in regard to such persons
should lodge such unprovable complaints, he shall understand by the authority of this sanction that he will be subject to the loss of his own reputation, and thus by the loss
of his honor and the forfeiture of his status he shall learn,
at all events, that he will not be permitted henceforth to
assail with impunity the respect due to another. For just as
it is equitable that bishops, priests, deacons, and all other
clerics should be removed from the venerable Church as
persons attainted if the allegations against them can be
proved, so that they shall be despised thereafter and bowed
under the contempt of wretched humiliation and shall not
have an action for slander, so it must appear to be an act
of similar justice that We order an appropriate punishment
for assailed innocence. Bishops, therefore, must hear such
cases only under the attestation of many persons and in
formal proceedings.6
Given on the third day before the ides of December at Ravenna
fifth consulship of Theodosius Augustus.-December II, 412; 411.
3 By the requirements of inscription; n.

4 The jurisconsults, n. 2.
16, 5, 46, n. 104.
I CTh 16, 2, 41; Sirm. 3.

2 D 48, 2, 7. Cf. CTh 9, i; CJ 9,
2.
s In common with the secular courts? Seeck suggests: in common

with the world.
2.
6 acta, 1, 12, 1, n. 2.
E 485
Sirm. 16
Persons Redeemed from Captivity
TITLE 16: THE LAW WHICH ORDERS THAT

PERSONS REDEEMED FROM CAPTIVITY
SHALL EITHER RESTORE THE PRICE OR,
IF THEY ARE PAUPERS, SHALL SERVE
THEIR PURCHASERS FOR FIVE YEARS"
(LEX QUAE REDEMPTOS DE CAPTIVITATE
JUBET AUT RESTITUERE PRETIUM AUT SI
PAUPERES SUNT QUINQUENNIO REDEMP-
TORIBUS SUIS OBSEQUI)

Emperor Honorius to Theodorus, Praetorian Prefect for
the second time.
When the authors' of public misfortune were punished,
We obtained vengeance for the sufferings of the injured,
but We realize that, by hastening the restoration of freedom, We must make wise provision at one and the same
time, by arms and by the laws, for Our provincials. Hence,
finally, reason, mingled with the cares of wars, and Our
salutary constitution admonish that a regulation must be
made to the effect that no one shall detain against their will
persons of different provinces, of whatever sex, status, or
age, who have been led away by an incursion of barbarian
savagery under the compulsion of captivity, but those who
desire to return to their own homes shall have the unrestricted right to do so. If it should be said that there has been
any expenditure for clothing or food, for the purpose of
recovering the strength of such persons, it shall be furnished for the sake of humanity, and no greedy suit for
recovery of any expenditure for food shall mar the glory
of a good deed, when perhaps the compensation of services
has restored payment for such subsistence. We do not permit such a case to come into court, lest persons who desire
to return to their own homes may be delayed by unseemly
contentions. But exception shall be made in the case of
those persons who are proved to have been purchased from
barbarian vendors; for it is equitable that because of the
public welfare the price that had been paid for the recovery
of their status shall be restored by them to their purchasers,
in order that the consideration of a great loss may never
cause the purchase of those who are placed in such an
exigency to be refused, and in order that We may not be
found rather to have prejudiced the safety of those persons
for whose freedom We wished to make wise provision. It
is fitting that such persons should either restore their purchase price to the purchasers or should render recompense
for the favor by their labor, subservience, or services during a period of five years, and then they shall have their
freedom unimpaired, if they were born in that condition.
Such honorable purchasers shall not deplore that the
1
2
CTh 5, 7, 2The barbarian invaders who had been recently defeated.
C 486
period of five years of service is meager which has been

given to them as compensation f or a price that was, perhaps,
greater, because the frailty of human life can perchance fail
within the limits of the prescribed time and not attain the
benefit of the law. They may, indeed, believe that they have
lost by chance what they conferred out of their humanity,
although in the sight of God human compassion bestows
upon itself whatever it has given to another.
Wherefore the regulation of the law, whose moderation
is doubtless pleasing, shall be observed; they shall be returned to their own homes, and everything is preserved for
them in accordance with the right of postliminium and the
responses of the ancient jurisprudents.3 It is Our will that
this sanction shall be so observed that if any overseer, chief
tenant, or procurator who is discovered to be present for
the purpose of protecting the landholding of his absent
master should attempt with rash and sacrilegious lawlessness to resist these regulations, he shall not doubt that he
will be consigned to the mines or that he will undergo the
penalty of deportation. If the owner of a landholding should
attempt to contravene the salutary constitution of Our
Clemency, he shall know that his property will be vindicated
to the fisc and that he will be deported through the sentence
of the governor 4 of the province. In order that the execution of these commands may proceed easily, it is Our pleasure that the Christian priests who hold the churches of the
neighboring and nearest localities, since the execution of
such commands is in harmony with their character, and
also the decurions of the nearest municipalities shall be
admonished that when cases of such necessity arise, they
shall approach the judges and shall petition them for the
assistance of Our law.
In order that no person may defend the fault of his own
contumacy because of ignorance of Our regulation, 0 Theodorus, dearest and most beloved Father,5 Your Illustrious
Magnificence, by posting your letters and edicts, shall cause
the tenor of the law to come to the knowledge of all judges
and provincials. Thus all governors4 shall know that ten
pounds of gold will be exacted from them, and a like
amount from their apparitors, if it should be proved that
out of favoritism to any person they have disregarded the
command that has been given. For We order that the execution of this most salutary sanction shall be secured by
all men, but especially by the care and obedience of the
judges and their office staffs.
Given on the third day before the nones of December at Ravenna
in the year of the consulship of the Most Noble Bassus and Philippus.
-December 3, 408. Received on the sixteenth day before the kalends
of January.-December17 (4o8).6
3
CTh 5, 5; CJ 8, 50; D 49, 15.

5 Sirm. i, n 3.
6 CTh 5, 7, 2, has: Given ...December io, 408.
THE NOVELS OF THE SAINTED'

THEODOSIUS AUGUSTUS
...............
..............
TITLE 1: THE VALIDATION' OF THE THEODOSIAN CODE (DE THEODOSIANI CODICIS

AUCTORITATE)
J.3 Emperors Theodosius and Valentinian Augustuses' to
Florentius, Praetorian Prefect of the Orient.
Our Clemency has often been perplexed as to the cause
that has brought it about that, although so great rewards'
have been established whereby the arts and scholarly pursuits are fostered, so few and infrequent persons 'have
existed who were fully enriched by a knowledge of the Civil
Law,6 and in such a great and somber pallor that is produced
by their nocturnal studies, scarcely one or two have attained
the completeness of perfected learning.
i. In order that this matter may not be further discussed
by anyone with zealous ambiguity, as there occurs to Our
minds the boundless multitude of books, the diversity of
actions and the difficulty of cases, and finally the mass of
imperial constitutions which shut off from human ingenuity
a knowledge of themselves by a wall, as though they were
submerged in a thick cloud of obscurity,' We have completed a true undertaking" of Our time; We have dispelled
the darkness and given the light of brevity to the laws by
means of a compendium." We have selected noble men of
proved fidelity and renowned learning, to whom had been
delegated the responsibilities of civil office."o The decrees
of previous Emperors have been purged of interpretations-1
and published by Us, in order that no further may the jurisconsults dissimulate their ignorance by a pretended severity,
while their formidable responses are awaited as though
they proceed from the very innermost shrines, since it is
now clearly evident with what validity a gift may be be-
1 divus; an indication that the manuscript of the Novels was written after the death of the Emperor. The Novels (Novellae) were
new constitutions, that is, laws issued after the compilation of the
Code and not included in it. These Novels of the Theodosian Corpus
extend from 438 to 468. This "Novel" probably stood originally at
the beginning of the Code, Min. Sen., n. 2o. Min. Sen. and its commentary should be read carefully, as an introduction to a study of
the Novels.
2 auctoritas,authorization, authority, validation, NTh. 2, 1.
3Brev. I; CTh. i, I, 5-6. For technical terms and obscure words,
see the Glossary.

4
Min. Sen., n. 21.
5 praemia, material rewards gained by students of the law, since

training in the law was requisite for many important offices in the
imperial service.
6 jus civile. The body of Roman law in existence at that time.
7 Or: which, as though by a wall of obscurity that is submerged
in a thick fog, has shut off the knowledge of itself from human
ingenuity, M.-M.
8 An undertaking that is typical of the times of Theodosius.
9 The Emperor quite correctly insists that the greatest value of
the Code consists in its comparative brevity.
10 causa civilis oficii. The members of the Codification Commission were ex-officials. Or civil office may refer to the task of
compiling the Code.
11 purgata interpretatione, an obscure phrase.
.....
.....................
..........
..
*
** ..-..
stowed, by what action an inheritance may be claimed, and

by what words a stipulation may be drawn up," in order
that a definite or indefinite debt may be collected. Each of
these matters 'has been revealed by the vigilance of Our
jurists and brought forth into the open and into clear light
by the radiant splendor of Our name.
2. These jurists, to whom We have entrusted the divine
thoughts of Our heart, shall suppose that no small reward
has been conferred upon them. For if We rightly foresee
the future with the keenness of Our mind, they will come
down to posterity because of their association with Our
labors.
3. Wherefore, We have cleared away the cloud of volumes
on which have been wasted away the lives of many persons
who explain nothing; We confirm this compendious 9 body
of knowledge of the divine imperial constitutions from the
times of the sainted Constantine, and after the kalends of
next January," to no man is granted the right to cite an
imperial law14 in court and in daily legal practice 5 or to
compose the instruments of litigation, except, of course,
from these books' 6 that have come to be under Our name
and are kept in the sacred imperial bureaus. However, their
own immortality has not been taken away from any of the
previous Emperors, the name of no lawgiver has perished;
rather, their laws have been changed" by the clarification
of Our jurisconsults for the sake of lucidity, and they are
joined with Us in an august fellowship. The consummate
glory of the founders of the laws, therefore, remains and
will forever remain, and to Our account has passed nothing
except the light of brevity.9
4. Although the inauguration' of the whole work is due
to Our auspices, still We believe that it is more befitting
an Emperor and more glorious if envy is put to flight and
the memory of the authors 9 of the laws remains by the
right of eternity. For Us it shall be enough and more than
enough for the enjoyment of a good conscience that We
colligere, bind, invest, compose.
That is, the Theodosian Code was to go into effect as of
January I, 439.
14 jus principale, the imperial legislation or constitutions, as distinguished from the writings of the jurisconsults.
15 cotidianae advocationes.
16 Of the Theodosian Code.
17 mutati. This word grammatically modifies the
Emperors, but
in sense applies to their enactments. It thus refers to the editorial
changes introduced by the Codification Commission.
1s instauratio, restoration, renovation; inauguration, undertaking.
The reference may be to the fact that a Codification Commission
was first appointed in 429 and a later Commission in 435, CTh i, I,
5-6. The two constitutions appointing these commissions bear the
name of Theodosius II, but it is possible that he wishes to establish
his special responsibility for the appointment of the second commission, which was a restoration or renewal of the project for
codification. In reality, the "Theodosian" Code was probably inspired and planned by the Empress Eudocia, who was an exceptionally brilliant and learned woman.
12
13
19 The Emperors.
E 487
Validation of the Theodosian Code
NTh 1-i
have revealed the laws and have vindicated the creations

of Our ancestors from the injustice of obscurity.
5. To these provisions We add that henceforth no constitution, for example, one that is issued in the regions of
the West or in any other place2 0 by the most invincible Emperor Valentinian, forever Augustus, the son 21 of Our
Clemency, can be cited or obtain any legal force, unless the
issuance of the aforesaid constitution is brought to Our
knowledge by a divine pragmatic sanction.22
6. It is necessary that the same provision be observed
also in regard to those constitutions that are promulgated
throughout the Orient by Our authority. 3 Laws must be
condemned with the brand of forgery,24 if after the designated time they are not recorded in the Theodosian Code.
Exception shall be made in the case of those regulations
that are kept in the sacred imperial headquarters of the
soldiers 25 and in the case of those regulations that concern
public accounts 26 for the purpose of expenditures and other
matters that have been registered in the records" of the
various offices. .
7. It is too long to recount what has been contributed to
the consummation of this undertaking through his vigilance
by Antiochus, sublime in all respects, Ex-Prefect and ExConsul, what by the Illustrious Maximinus, Ex-Quaestor
of Our palace, a man eminent in every kind of literature,
what by the Illustrious Martyrius, Count and Quaestor,
faithful interpreter of Our Clemency, what also by the Respectables Sperantius, Apollodorus, and Theodorus, Counts
of Our sacred imperial consistory, what by the Respectable
Epigenes Count and Master of the bureau of memorials,
and what by the Respectable Procopius, Count and Master
of the bureau of petitions, men who are justly to be compared with all the ancients.
8. For the rest, 0 Florentius, dearest and most beloved
Father,2 8 Your Illustrious and Magnificent Authority, to
whom it is gratifying, to whom it is familiar, to please the
Emperors, shall post edicts and shall cause to come to the
knowledge of all peoples, of all provinces, the decrees of
Our August Majesty.
1.2 Theodosius, the Father, Eternally Augustus, to His

Son,$ Lord Valentinian, Forever Augustus, Renowned,
Victorius, and Triumphant.
After We had reduced into the body of one code the
constitutions of previous sainted Emperors and Our own
constitutions, Our Piety then immediately promulgated
another law' which should grant force and authority to
the code thus completed and which should direct that the
laws which it contains shall not otherwise be valid in court
unless they are cited from the code itself; that if any law
should afterwards be established by one of Us,' it should
obtain proper force also in the realm of the other Emperor
only if it was decreed as a general constitution' and was
accompanied by the divine imperial documents and had
been issued to the other Emperor.
I. Because, therefore, various causes have emerged and
the necessity of circumstances that have arisen has persuaded Us to issue, during the interval of time that has
elapsed, 6 other laws which We have not been able to bring
to the knowledge of Your Majesty, since We have been
engrossed in the continuous duties of the State, We consider it necessary that now at least all the laws should be
transmitted to Your Serenity, with the subscription7 of
Our Majesty. Thus they may become formally known to
Your subjects, provinces, and peoples, and their tenor may
begin to be observed in the western part of the Empire also.
2. It is Our will that litigation which is found to have
been begun but not yet finished at the time when these laws
are published shall be terminated according to the tenor of
these laws. Those suits, moreover, which have been decided
by definitive sentences or by compromises shall not be revived.
3. You, therefore, 0 Lord and Holy Son,' Venerable Augustus, shall provide for the publication of these laws to
all men, according to custom. You shall also provide for
the transmission, in turn, with Your subscription,8 to Me
and to the provincials and people of the Orient, to be regarded and observed, whatever general constitutions Your
Eternity has promulgated during that space of time.6
Given on the fifteenth day before the kalends of March at Constantinople in the year of the sixteenth consulship of Our Lord
announced.-29February 15, 438.
Given on the kalends of October at Constantinople in the year

of the consulship of the Most Noble Ardabur and of the one who
is to be announced.9-October I, 447.
INTERPRETATION: This law says that the authority of
the Theodosian Code shall be established with all validity.

TITLE 2: THE CONFIRMATION OF THE NOVELS OF THE SAINTED' THEODOSIUS AUGUSTUS (DE CONFIRMATIONE LEGUM NOVELLARUM DIVI THEODOSII AUGUSTI)
20 The western Emperor might make a journey, as the visit of
Valentinian to Constantinople in 437.
21 Son-in-law and junior Emperor. He might be called "son" for
either reason.
22 divina pragmatica. Or: Unless it is made public by Our will
through a pragmatic sanction. Or: Unless in Our discretion this
same constitution is made the subject of a pragmatic sanction. Cf.
Min. Sen., n. 15.

23 Before they can become effective in the West.
24 falsitatis nota, the brand of forgery; the special penalty inflicted upon forgers.
25 militum sancta principia, CTh. 7, 20, 2.
26 tituli publici.
27 regesta.
28 Const., n. 5.
29 1, 2, 12, n. 33.
'Nov.
INTERPRETATION: This law directs that the constitutions

of the Novels shall be confirmed.
TITLE 3: JEWS, SAMARITANS, HERETICS,

AND PAGANS (DE JUDAEIS, SAMARITANIS,
HAERETICIS, ET PAGANIS)
il. Emperors Theodosius and Valentinian Augustuses to
Th. I; Brev. 2.
8 The elder Augustus was regularly called father; the younger

Augustus was called son in the later Roman Empire. Cf. Nov. Anth.
2-3. Besides, Valentinian was the son-in-law of Theodosius. Cf. NTh
I, n.
21.
4 Either the Emperor of the eastern or of the western part of the

Empire.
5 Min. Sen., n. 25.
6 Since the issuance of the Theodosian Code in 438, nine years
previously!
7 subnotatio.
8 suae manus adumbratio, rhetorical language.
9 Nov. Th. i, n. 29.
1
Th. i, n. I.
Nov.
Brev.
2;
CJ 1, 5, 7;
I,
7, 5; I, 9, 18; CTh. 6, 5;
C 488 ]
16,
7-8.
NTh 3-1
Jews, Samaritans, Heretics, and Pagans

Among the other anxieties which Our love for the State
has imposed upon Us f or Our ever watchful consideration,
We perceive that an especial responsibility of Our Imperial
Majesty is the pursuit of the true religion. If We shall 2 be
able to hold fast to the worship of this true religion, We
shall 2 open the way to prosperity in human undertakings.
This We have learned by the experience of Our long life,'
and by the decision of Our pious mind We decree that the
ceremonies of sanctity shall be established by a law of perpetual duration, even to posterity.
i. For who is so demented, so damned by the enormity
of strange savagery, that, when he sees the heavens with
incredible swiftness define the measures of time within
their spaces under the sway of the divine guidance, when
he sees the movements of the stars which control the benefits of life, the earth richly endowed with the harvests, the
waters of the sea, and the vastness of this immense achievement confined within the boundaries of the natural world,
he does not seek the author of so great a mystery, of so
mighty a handiwork? We learn that the Jews, with blinded
senses, the Samaritans, the pagans, and the other breeds of
heretical monsters dare to do this. If We should attempt
by a remedial law to recall them to the sanity of an excellent mind, they themselves will be blameworthy for Our
severity, since they leave no place for pardon by the obstinate wickedness of their unyielding arrogance.
4
2. Wherefore, since according to the ancient maxim, no
cure must be employed for hopeless diseases, in order that
these deadly sects, oblivious of Our age, may not spread too
wantonly into the life of Our people like an indistinguishable confusion, We finally sanction by this law destined to
live in all ages, that no Jew, no Samaritan, who does not
rely on either law5 shall enter upon any honors or dignities;
to none of them shall the administration of a civile duty be
available, nor shall they perform even the duties of a defender.7 Indeed We believe that it is wrong that persons
hostile to the Supernal Majesty and to the Roman laws
should be considered the avengers of Our laws under the
protection of a surreptitious jurisdiction; that they should
be protected by the authority of a dignity thus acquired;
that they should have the power to judge or to pronounce
whatever sentence they may wish against the Christians
and very often against the bishops themselves of the holy
religion, as if they were insulting Our faith.
3. With an equally reasonable consideration also, We
prohibit any synagogue to arise as a new building, but
license is granted to strengthen the ancient synagogues
which threaten immediately to fall in ruin.
4. To these regulations We add the provision that if any
person should seduce a slave or a freeborn person, against
his will or by punishable persuasion, from the worship of
the Christian religion to an impious sect or ritual, he shall
suffer capital punishment, together with the forfeiture of
his fortune.
5. If any person of these sects, therefore, has assumed
the insignia of office, he shall not possess the dignities
2 YOU Will, M.
3 Theodosius II was born in 401 and was thirty-seven years old
at this time.
4
Hippocrates, Peri Technes 1, pp. 7 and 22 of Kuehn's edition
or 6 p. 4 of Littr6's edition.
5 Or: who relies on either law, that is, of the eastern or of the
western part of the Empire; or either on Jewish or Roman law.
6 civilis, civil, municipal.
7 Of a municipality, CTh. I, 29.
which he has acquired, and if he has erected a synagogue,

he shall know that he has labored for the profit of the
Catholic Church. Furthermore, if any of these persons has
stolen into a position of honor, he shall be considered, as
previously, of the lowest condition, even though he should
have obtained an honorary dignity. If any one of them
should begin the building of a synagogue, not with the desire merely to repair it, in addition to the loss of fifty
pounds of gold, he shall be deprived of his audacious undertaking. Besides, he shall perceive that his goods are proscribed and that he himself shall immediately be destined
to the death penalty, if he should overthrow the faith of
another by his perverted doctrine.
6. Since it behooves Our Imperial Majesty to embrace
all contingencies in such a provision that the public welfare may not be injured in any way, We decree that the
decurions of all municipalities and also the gubernatorial
apparitors, shall be bound to their onerous duties, even
those of the imperial service, or to the various obligations
of their resources and the duties of their personal compulsory services, and they shall adhere to their own orders,8
of whatsoever sect they may be. Thus We shall not appear
on account of the contumely of corrupt solicitation to grant
the favor of exemption to men who are execrable, since it
is Our will that they shall be condemned by the authority
of this constitution.
7. The following exception shall be observed, namely, that
apparitors who are members of the aforesaid sects shall
execute the sentences of judges only in private suits, and
they shall not be in charge of the custody of prisons, lest
Christians, as customarily happens, may at times be thrust
into prison by the hatred of their guards and thus suffer
a second imprisonment, 0 when it is not certain that they
appear to have been rightfully imprisoned.
8. Hence Our Clemency perceives that We must exercise watchfulness over the pagans also and their heathen
enormities, since with their natural insanity and stubborn
insolence they depart from the path of the true religion.
They disdain in any way to practice the nefarious rites of
their sacrifices and the false doctrines of their deadly superstition in the hidden solitudes, unless their crimes are made
public by the nature of their profession, to the outrage of
the Supernal Majesty and to the contempt of Our times.
A thousand terrors of the laws that have been promulgated,
the penalty of exile that has been threatened, do not restrain them, whereby, if they cannot be reformed, at least
they might learn to abstain from their mass of crimes and
from the corruption of their sacrifices. But straightway they
sin with such audacious madness and Our patience is so
assailed by the attempts of these impious persons that even
if We desired to forget them, We could not disregard them.
Therefore, although the love of religion can never be secure," although their pagan madness demands the harshness of all kinds of punishments, nevertheless We are
mindful of the clemency that is innate in Us, and We decree by an unshakable order that if any person of polluted
and contaminated mind should be apprehended in making
8 Their regimented status, with its compulsory obligations to the
State.
I From their compulsory services.

10 The cruelty of the prison guards would constitute an addi-
tional hardship equal to the imprisonment itself. Cf. "the second

death," Rev. 2, II; 2o, 6; 2o, 14; 21, 8. M.-M. suggest: such
wrongs in addition to prison; or: a more atrocious prison.
" As long as such sects and beliefs exist.
E 489 ]
Jews, Samaritans, Heretics, and Pagans
NTh 3-1
a sacrifice in any place whatsoever, Our wrath shall rise

up against his fortunes, against his life. For We must give
this better victim," and the altar of Christianity shall be
kept inviolate. Shall we endure longer that the succession
of the seasons be changed, and the temper of the heavens
be stirred to anger, since the embittered perfidy of the
pagans does not know how to preserve these balances of
nature? For why has the spring renounced its accustomed
charm? Why has the summer, barren of its harvest, deprived the laboring farmer of his hope of a grain harvest?
Why has the intemperate ferocity of winter with its piercing cold doomed the fertility of the lands with the disaster
of sterility? Why all these things, unless nature has transgressed the decree of its own law to avenge such impiety ?13
In order that we may not hereafter be compelled to sustain
such circumstances, by a peaceful vengeance, as We have
said, the venerable majesty of the Supernal Divinity must
be appeased.
9. It remains to be said, 0 Florentius, dearest and most
beloved Father,14 that all inaction shall cease and that the
regulations shall be put into swift execution which have
been issued in innumerable constitutions against the Manichaeans, always odious to God, against the Eunomians, authors of heretical folly, against the Montanists, the Phrygians, the Photinians, the Priscillianists, the Ascodrogians,"
the Hydroparastatae, the Borboritae, and the Ophitans.16
io. Therefore, since it is dear to your heart to exercise
implicit obedience to both the divine and the imperial commands, Your Illustrious and Magnificent Authority, by
duly posting edicts of Your Excellency shall cause to come
to the knowledge of all that which We have decreed for
the insatiable honor 1 7 of the Catholic religion. You shall
also direct that these commands shall be announced to the
governors" of the provinces, so that by their like solicitude
they may make known to all the municipalities and provinces what We have necessarily sanctioned.
Given on the day before the kalends of February at Constantinople
in the year of the sixteenth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.19January 31, 438.
INTERPRETATION: This law specifically orders that no
Jew and no Samaritan can attain any honor of the imperial

service or of an administrative office. In no manner can
they undertake the office of defender' or be guards of a
prison, lest perchance under the pretext of any duty they
may dare to harass with outrages on some occasion the
Christians or even their priests, or lest the above mentioned persons who are enemies of Our law might presume
to condemn or to judge some person by Our own laws.
They shall not dare to construct a synagogue anew. For
if they should do this, they shall know that this structure
will profit the Catholic Church and that the authors of the
construction must be fined fifty pounds of gold. But they
shall know that the concession is made to them that they
must repair the ruins of their synagogues.20
The regulation is also specifically included in this law
12 The heretics, pagans, etc. Cf. Verg. Aeneid 5, 483-484. The
passage is confused and contradictory.
13 Of the Jews, Samaritans, pagans, and heretics, 16, 5, nn. 1, 85.
14 Sirm. I, n. 3.
15 Usually called the Tascodrogians, Tascodrogites.
16 A list of heretical sects. See Glossary.
17 insatiabilishonor, an honor for which one can never do enough.

18 moderatores.
19 Nov. Th. I, n. 29.

.20 Rather than build new ones, but
C 490
cf. CTh 15, 1, n. i.
that no Jew shall dare to convert a Christian, either slave

or freeborn, to his own religion by any persuasion whatsoever. If he should commit this offense, he shall forfeit
his resources and suffer capital punishment.
As for the remainder, this law condemns the sects whose
names are listed and contained in the law.
TITLE 4: SOLDIERS OF THE DUKES AND
THOSE OF THE BORDER MILITIA SHALL
NOT BE PRODUCED BEFORE THE IMPERIAL
COURT (NE DUCIANI VEL LIMITANEI MILITES AD COMITATUM EXHIBEANTUR)
I' Emperors Theodosius and Valentinian Augustuses to
The welfare of the border militia demands the support
and assistance of Our Clemency, since they are said to be
afflicted by the complaints2 of certain persons and by the
fact that they are being produced before various judges,
so that as between private life and military science they
are born to neither.' Add to this the fact that they are
compelled to unlearn the use of arms for the observance
of the forum4 of a civilian office, and they are strangers
in an alien life, inexperienced in litigation, ignorant of the
court actions which are instituted by shameless eloquence
and popular doctrines. These facts were brought to Our
knowledge by the report of the Sublime Anatolius, Master
of Both Branches of the Military Service throughout the
Orient. Wherefore We do not allow any further that the
loss of so great an advantage shall be disregarded, since it
is evident by the regulations5 of Our ancestors that whatever territory is included within the power of the Roman
name is defended from the incursions of the barbarians by
the rampart of the frontier.
I. On account of these circumstances We sanction by a
law destined to live in all the ages that throughout all the
region of the Orient from the farthest solitudes, no soldier of a duke, no soldier of the border militia, who with
difficulty and hardship withstands the misery of hunger by
means of his meager emoluments, shall be produced at all
in Our most sacred imperial court, either by the sacred imperial order of Our Divinity6 or by Our divine imperial
response which has been elicited by the prayers of a person
who has approached Us. In short, such soldiers shall not
be produced in court by the mandates of Our Eternity nor
by the decision of any judge whatsoever. Furthermore, the
regulations of the Magnificent man7 shall be unimpaired
and shall be observed in the future, since he established
them by a careful investigation for the welfare of the border militia. All such soldiers shall now be returned to their
own service8 who appear to have been produced in court.

2. But in order that We may not appear to have placed
the status of the aforesaid soldiers in a kind of citadel,
to some extent, and to have granted them the license to
commit wrongdoing by removing, once for all, the fear of
being produced in court, We open the door to those persons
1 Ritter 46; CTh 9, 2; Gromatici, 273 (Lachm.).
2 querinoniae, complaints, petty suits.
3 Since they lack the privileges of both. M.-M. suggest: neither
(private life nor military science) is born.
4 In order to attend trial before a civil tribunal.
5 dispositio, disposition, organization, arrangements, regulations.
6 The Emperor is speaking of himself, Min. Sen., n. 15.
T Anatolius, as mentioned above.
8 sacramenta, enlistment oaths.
NTh 5-1
Patrimonial Estates and Border Farms

who bring suits against them under the competent military
judges, with the limitation, of course, that if a soldier of
the border militia should be proved delinquent with respect
to his contracts or the laws, he shall be forced to pay the
expenses of the litigation, even though the sentence pronounced should not contain this provision and even though
the transaction should not exceed the sum of three hundred
solidi. The same penalty shall be observed against the person who brings the suit if the soldier of the border militia
should obtain the better reckoning and the victorious decision. Otherwise the arrogance of the litigants and the execrable desires of lawsuits cannot be restrained, unless the
spirit aroused in litigations should fear the danger of imminent loss, so that it is repressed by the fear of correction
and becomes calm in eternal silence. For what end will
avarice attain unless it is encompassed in the fetters of
its own cupidity, condemned by its calumny, and restrained
within its own walls? Indeed, this is a remedy for persons
who have long been harassed, or if not even this remedy
can help them, another plan of advantages, another precautionary provision must be demanded, namely, that We must
wait, We must hope, that it will not please the audacious
to employ litigation, and thus Our soldiers may be allowed
to be at ease, although calumny finds them in obscurity in
the farthest parts of the Roman Empire9 where they have
been assigned by the regulations of their military oaths of
service.
3. Wherefore, 0 Florentius, dearest and most beloved
Father,10 since Your Illustrious and Magnificent Authority
always consummates the statutes of Our August Majesty
with watchful care and with a suitable execution, you shall
now also by posting edicts cause them to come to the knowledge of all.
Given on the fifth day before the kalends of March at Constantinople in the year of the sixteenth consulship of Theodosius
Augustus.-February 25, 438.
TITLE 5: PATRIMONIAL ESTATES OF THE

IMPERIAL DOMAIN AND BORDER FARMS
SITUATED THROUGHOUT THE ORIENT (DE
PATRIMONIALIBUS REI DOMINICAE ET LIMITROPHIS FUNDIS PER ORIENTEM SITIS)
i.' Emperors Theodosius and Valentinian Augustuses to
Marcellinus, Count of the Privy Purse.
We almost believe that We have received a favor whenever the occasion is presented to Us to grant a favor, and
without any doubt We suspect that We have lost a day 2 if
it is not illuminated by the munificence of Our Divinity.
Indeed, We enjoy the consciousness of Our generosity and
the province of Our beneficence, which brings the merit of
a man before God and which holds first place among the
imperial and highest virtues.
i. Therefore, with respect to Our patrimonial farms that
are situated throughout the diocese of Asia and those that
are situated throughout the diocese of Pontus, until the
present day and the sixteenth consulship of Our Genency,3
the law of Constantin e of sainted memory shall be valid,

which required houses of the proprietors, of such farms to
be built throughout the most sacred City of Constantinople.
But by no means does the felicity of the City permit any
further that it shall be estimated, not by its own merits,
but rather by the profit s which it has acquired. It is content
6
with the obedience of both elements and by no means is it
desirous of increments of its fortunes by the aid of landed
estates, since it has be en exalted to the very heavens by
the glory of its name and disdains to admit to its society
the fates of lands that are alien to it.
2. Wherefore, since tthe passage of time has defeated the
divine plan of the afor esaid Emperor and since the intent
of his law has been sat tisfied with the increase of the City
by the grace of the Su pernal Divinity, Our Majesty renders an innovation plea sing to the landholders, namely, that
the fear of a petition for their landholdings shall be removed, and the person who does not have his penates at
Rome 7 shall employ hi s plow in security, such landholder
shall wield his pruning hook in security, and he shall leave
to his heir what he ha, s acquired. This also surely belongs
to the reward of the City, to the fame of such great splendor, namely, that the City is frequented by the solicitude
of those who love it, when the authority of the law8 ceases.
3 Wherefore, in acccordance with the report of Your
Magnitude, We decree by a law destined to live in all the
should possess patrimonial farms or
ron
agestat an
out the aforesaid dioceses, by title
ld
state
th
r title, he shall possess them firmly
of forby an the
by private and inviolable right, even
though he should not iave a home, even though he should
not have a domicile, in the City of Constantinople. The
advantages of such fa rms shall come to the ownership of
his heirs also or of th e legal purchasers, or even of those
who hold the farms if the owner should alienate them in
any manner. Every in olestation of petition for the farms
shall be excluded, and furthermore, the right to draw up
such a petition shall b e denied, even to the office to which
it belongs. 9
4. If any clerk 10 witl rash and lawless spirit and in violation of the divine impe rial orders should attempt to present
such a petition, a thinsg which We do not expect, he shall
be stricken by the loss of fifty pounds of gold, together with
the forfeiture of his i aperial service, in order that all men
shall know that by the present law We have granted even
more firmly to the la ndholders those things which were
weakened by exceptior nsi1 and by the other legal technicalities, 0 Marcellinus, m ost beloved Brother.' 2
5. Your Illustrious Authority, therefore, in accordance
with your sincere de votion, by duly posting edicts shall
cause the statutes of Our Clemency to come to the knowledge of all.
4 Not extant; cf. CTh
4
14, 36; Zosimus

Eunapius, Aedes, p. 5, ed.
Commelin.
39,
5tdohlini, owners, mast ers, proprietors.
41;
2,
30f.; Evagrius 3,
Fertile land and navigable sea.

' His residence at Constantinople, New Rome, Roma Nova. The
law would also be enforced at Old Rome, Roma Vetus.
8 Above mentioned, requiring residence in Constantinople.
9 The office staff of the count of the privy purse. Cf. CTh lo, lo,
6
9 As border troops. The Emperor seems to despair of being able

to correct the situation.
10 Sirm. I, n. 3.
12; CTh 5, 12; II, 19; CJ ii, 6o; iI, 62; II, 66-67.
Suet., Life of Titus, c. 8: "My friends, I have lost a day,"
Sirm. 8, n. 4.
3 438, the date of this constitution.
1 Ritter
2
II; 1o, 1o, 14; Nov. Th. 6.
1o tractator.
11 Legal defenses barring further action, demurrers.
12 An honorary title of address, Const., n. 5.
E 491 ]
Patrimonial Estates and Border Farms
NTh 5-1
Given on the seventh day before the ides of May at Constantinople

in the year of the sixteenth consulship of Theodosius Augustus and
the consulship of Faustus.-May 9, 438.
2.1s The same Augustuses to Florentius, Praetorian Prefect.
The divine assent of Our Eternity embraces with due

praise the salutary recommendation of Your Eminence,
through which you suggest that provision should be made
that the payment of revenues shall not appear less than the
expenditures and that the disbursement of the tax collections shall not exceed the tax payments.' 4 It is demonstrated
that this is happening in the case of Our patrimonial farms
and the farms for the support of the border militia and
even in the case of the woodland pasture farms also, since
these farms have been transferred in accordance with the
greed of petitioners to private ownership and security. In
order that such practice may not be attempted further, We
believe that We must employ a remedy for this situation
by this law, which shall have perpetual validity, and We
bar all occasions for such petitions after the issuance of
this law.' 5
i. Therefore We command that in the future no person
shall be permitted to transfer to private ownership Our
patrimonial farms, farms for the support of the border
militia, or woodland pasture farms, which are situated
throughout the district of the Orient, whether the change
of ownership of such farms is requested with the removal
of the regular tax 16 or with the regular tax unimpaired.
Violators of this law shall be coerced by a penalty of fifty
pounds of gold, and the petitioner, of course, shall be punished, as well as the office staff which permitted his petition to be admitted, even though Our annotation, even
though Our divine pragmatic sanction should be cited,
contrary to the prohibition of the law, 0 Florentius, dearest
and most beloved Father."I
2. Therefore Your Illustrious and Magnificent Authority
by posting edicts shall order that what We have sanctioned
shall be brought to the knowledge of all.
in the year of the seventeenth consulship of Theodosius Augustus
and the consulship of the Most Noble Festus.-June 8, 439.
3. The same Augustuses to Cyrus, Praetorian Prefect.

In all matters, indeed, the public welfare must be placed
before private advantages, but especially at a time"s when
wise provision is being made for the safety of the provincials and the felicity of Our Empire alike, whence it is not
regarded as uncertain that We must provide for the f ortunes and security of every person also.
i. Therefore, since we learn through the well considered
report of Your Sublimity that the district of Armenia,
which is situated almost upon the very threshold of the
border of the Persians and which was formerly protected
by the troops and garrisons of the royal farms," has been
exposed at the present time to the invasions of the Persians,
because the aforesaid farms, and especially those that are
contiguous or neighboring to the municipalities of Theodosiopolis and of Satala, have been transferred by the petitions of certain persons to their ownership at various times
in the past, and the original regular tax has been changed,
18 CTh 5, 12, 2; CJ
ii, 62, 13.
14 Balance the budget.
15 Min. Sen., n. 25.
16 canon, regular tax, rental payment.
17 Sirm. I, n. 3.
1s The Empire was beset on all sides by the barbarians and was
fighting for its existence.
19 regales fundi.
We decree by this law which shall live forever that it must

be established that all persons who obtained Our munificence in the matter of these farms shall be allowed to hold
these landholdings as granted, under the condition that they
shall duly furnish without delay to the account of the fisc
the spearmen, the baggage wagons, the supplementary posthorses, the supplies, and also the purchases enjoined upon
them according to the former custom by the regulation of
your magnificent office, and all the other things, and they
shall assume such payment as their responsibility; or if
they should resist payment, they shall refund these landed
estates immediately to the public ownership, for the sake
of the common welfare. These regulations shall be observed,
of course, under the condition that hereafter no person
shall be permitted to obtain the aforesaid farms by supplications that are insidious and that derogate from the
State, or to transfer such farms to their own profit, in contempt of the public welfare. A penalty of a hundred pounds
of gold as a fine shall be inflicted upon those persons who
attempt to offer such supplications, as well as upon the
bureau clerks or others to whose duty such supplications
belong, 9 if they should dare to draw up such supplications that are offered, 0 Cyrus, dearest and most beloved
Father.17
2. Therefore Your Sublime and Magnificent Authority,
by posting edicts according to custom, shall cause this most
salutary law to come to the knowledge of all.
Given on the sixth day before the kalends of July at Constantinople in the year of the consulship of the Most Noble Cyrus.June 26, 441.
TITLE 6: THE GOODS OF ARMORERS

BONIS FABRICENSIUM)

Aurelianus, Count of the Privy Purse.
The harsh necessity of war has invented the guild of
armorers, which guards the decrees of the Emperors with
a kind of immortality, in order that the continuance of their
guild may not fail,2 if their beginnings should fail; for
this guild arms, this guild equips Our army.
i. Hence provision has rightfully been made that such
persons shall be subservient to their own skills, and when
they have been exhausted by their labors, they, together
with their offspring, shall die in the profession to which
they were born.
2. Finally, if any one of them should commit a wrong,
such delinquency is at the risk of the entire number, so
that they are constrained by their own nominations 3 and
they maintain a certain watchfulness over the actions of
their associates; and a loss sustained4 by one of them becomes the loss of them all. Therefore all of them, as in a
uniform body, are compelled to be responsible for the embezzlement of one of them, if the circumstances should
so demand, just as the report of the Illustrious and Magnificent master of offices has revealed to Our Clemency.
3. Since these things are so, We decree by the present
sanction that shall be perpetually valid in the manner of
a law, that if any armorer should die without children or
1 Ritter 13; CTh 10, 22; CJ 6, 62, 5; I, 10, 5, Glossary, armorer.
2 In order that the guild may not suffer on account of
the continuance of its class, if the Emperor should fail, M.-M.
8 To positions of responsibility within their guilds.
4 Or: the damage caused.
492
(DE
NTh 7-2
Abolition of Prescription of Forum

a statutory heir and without executing a testament, his
goods, of whatsoever sum they may be, shall belong, by
the divine will of Our Clemency, to those persons who
are held liable as the nominators of such decedents and
who are compelled to be responsible to the fisc for anything
that has been embezzled." For in this manner it comes to
pass that the interest of the State remains unimpaired, and
the armorers who are held liable for the damages and
losses of their colleagues shall enjoy such emoluments. In
the future every petition for their property, for their patrimonies, shall cease, 0 Aurelianus, most beloved Broth-
er. 6
4. Therefore Your Illustrious Authority, after the issuance of this law, shall admit no petition, nor shall you
permit any such petition to be drawn up, in regard to the
goods of a deceased armorer. If any such petition should
be issued, no sacred imperial annotation, no divine imperial
pragmatic sanction shall have force against this general
sanction of Our Divinity.' For the palatine office staff8 shall
be compelled to pay fifty pounds of gold to the resources
of the fisc, if they should even attempt to draw up such a
petition after they have received a divine imperial response
of this kind.
in the year of the sixteenth consulship of Theodosius Augustus and
the consulship of the Most Noble Faustus.-November 4, 438.
TITLE 7: THE ABOLITION OF THE PRESCRIPTION OF FORUM FOR MEMBERS OF THE IMPERIAL SERVICE' (DE AMOTA MILITANTIBUS FORI PRAESCRIPTIONE)
The oaths of the imperial service are sworn in order that
provision may be made for the public necessities, but We
learn from the report of Your Eminence that certain persons are obtaining positions in the imperial service only
that they may be able to become eligible as lessees of the
landed estates of others. If this practice should not be corrected by the authority of Our Imperial Divinity, it will
redound to the contumely of the divine imperial court, if
those persons who are occupied in private undertakings
should be protected by the same privileges as those persons
who rightfully perform the duties of the imperial service
and who glory in the rewards of their services. Wherefore,
by the present law We sanction that all the household troops
whatsoever, the members of the secret service, and other
persons of any alleged rank of the imperial service, shall
answer for the performance of their public duties, under
the governors3 of the provinces, and no prescription of
forum shall be valid if those persons of whom such due
public obligations are exacted should attempt to use it.
i. Furthermore, We prefer that those persons also shall
answer to their suits- who are occupied in other business
5 Or: responsible to the fisc for the decedent.
6An honorary title of address, Const., n. 5.
7Min. Sen., n. 25.

8 Of the count of the privy purse; Nov. Th. 5, n. 9.
undertakings that are private and who are at leisure

throughout the provinces or who are protected by the title
of lessees, whether of the estates of the divine imperial
household or of powerful men, or if they are lessees of
any condition whatsoever, unless perchance they should
prove that they have received a delay for one year by means
of a leave of absence for putting their own affairs in order,
O Florentius, dearest and most beloved Father.'
2. Therefore, Your Illustrious and Magnificent Authority, who are made Illustrious by the titles of your provisions and your benefits to the State, shall know that by the
present law Our Clemency has established that all lessees,
all who are at leisure" throughout the provinces or who are
free for their own advantages without the benefit, as We
have said, of a leave of absence, shall answer their adversaries when they bring suit, in order that under the pretext of imperial service the due private or public obligations may not be abandoned. The same general rule shall
be observed also in the case of those persons who have obtained special divine imperial grants of privilege for merchandising and performing imperial service.
3. Of course, Your Magnificence, by posting edicts in
accordance with custom, shall cause the decrees of Our
Eternity to come to the knowledge of all.
Given on the thirteenth day before the kalends of February at
Constantinople in the year of the seventeenth consulship of Theodosius Augustus.-January 20, 439.
The same Augustuses to Cyrus, Praetorian Prefect.

All frauds are odious, and especially those which are
done in accordance with the laws but which are carefully
devised contrary to the public welfare. Therefore, the authority of the laws must be opposed to such frauds. Certain persons are hastening to adapt prescriptions of forum,
by a harmful interpretation of the law, to their own claims,
since they think that by the prerogative of their cincture
of office they can elude judicial trials." They do not know
that the ancient laws also specifically remove from such
prescriptions all contracts, business transactions of others
that have been conducted without their authorization," and
crimes, and do not permit a person to be able to defend himself by the aforesaid prescription if he has committed any
criminal action in any province whatsoever, or if he has
made any contract anywhere, or if he has conducted the
business affairs of another person without authorization
in any place.
I. But Your Excellency through your report has shown
that certain ones of those persons even who are called to
the municipal councils or who are said to be obligated to
gubernatorial office staffs or who are obligated for public
debts or who are involved in the crimes of superexaction
or extortion have proceeded to such a point of audacity
that, under the pretext of the imperial service, they do not
fear to bring a prescriptiono against the court of your
2.7
exalted office"' also. Who doubts that no person can bring
any prescription against your court in any lawsuit whatsoever ?

2. Therefore, by Our divine wisdom We abolish the
cunning undertakings of the aforesaid persons, and by this
5
1 Ritter
2CJ
3,
14; CTh 2, I, 2; 9,
23, 2; 3, 25, 1.
8 moderatores, the
2, 2;
9, 7, 9.
civil judges ordinary.

4 respondere actionibus. shall answer to others if they are occupied
in private suits, M.-M.
Sirm. i, n. 3.
From their duties in the imperial service.
' CJ 3, 23, 2.
8 Cf.- 7, 3.
9 negotiorum alienorun gestio, Glossary, unauthorized management.
10 Of forum.
11
Of Praetorian Prefect.
493 ]
NTh
Abolition of Prescription of Forum
7-2
8
perpetual law We sanction that no person at all under the

pretext of a prescription of forum can refuse to accept the
decisions of your exalted office in any lawsuit whatsoever.
We also decree by this most salutary law that against the
provincial courts also a prescription of forum cannot be
opposed by those persons who are called to the municipal
councils or who are said to be obligated to the gubernatorial
office staffs, or by those persons who are obligated for public debts or who are proved to have perpetrated superexactions or extortions or who are convicted of having committed any crime in a province or who are said to have
made a contract or to have conducted the business affairs
of another person without authorization9 in the province
in which they are sued, even though such person should
appear to be an apparitor of an office which has specially
impetrated from the clemency of Our Divinity that they
should answer to charges only before their own judges.
3. If in opposition to this most salutary law, any person
should obstinately wish to use Our celestial imperial decrees
that he has impetrated for himself or for his own group,
Your Sublimity, as well as the governors of the provinces,
shall know that sentence must be pronounced against him
as a contumacious person, 0 Cyrus, dearest and most beloved Father. 5 Therefore Your Illustrious and Magnificent
Authority by posting edicts shall command that Our most
salutary law shall be brought to the knowledge of all.
Given on the eleventh day before the kalends of October at Constantinople in the year of the fifth consulship of Valentinian Augustus and the consulship of the Most Noble Anatolius.-September 21, 440.
3.7 The same Augustuses to Cyrus, Praetorian Prefect.

We always provide for each and all by provisions of that
majesty by which the Roman State has gradually advanced
to empire over the whole world. For We know that advantages which have been acquired are preserved by the
same arts as those by which they are obtained. Who doubts
that the ancients by preferring the welfare of the State
to their own advantages have imposed the Roman boundaries as the boundaries of the world? Thus especially in
promulgating the laws, We ponder by Our divine imperial
wisdom not what perchance is profitable to certain persons
individually, but what is to the common advantage of all.
But sometimes certain persons attempt to distort by a
wrong interpretation laws that have been most beneficially
promulgated.
i. Recently, in making wise provision for the municipal
councils, the municipalities, and even the provinces themselves, We decreed by a perpetual law12 that sentences of
the Most Illustrious prefecture"8 or of the governors" of
provinces must not be evaded indiscriminately by means of
the prerogative of a cincture of office. We learn that certain persons are saying that this law was promulgated also
with reference to Our soldiers. Therefore, in order that a
pretext may not be given to certain persons to interpret Our
decrees wrongfully, Your Sublimity shall know that it is
Our will that the custom which has been observed until
the present time shall be observed in regard to Our scholarians and also the non-military counts and tribunes;1" but it
is absolutely most certain that the lawl 2 which was re12
Nov. Th.
cently promulgated does not speak of the rest of the armed

soldiers or of the tribunes who are in command of the
service units, 0 Cyrus, dearest and most beloved Father.'
2. Therefore Your Illustrious and Magnificent Authority by posting edicts shall command to be brought to the
knowledge of all, Our law which shall be valid forever.
Given on the fourth day before the kalends of January at Constantinople in the year of the fifth consulship of Valentinian Augustus and the consulship of the Most Noble Anatolius.-December
29, 440.
The same Augustuses to Ariovindus, Master of the

Soldiers.
The regulations which We recently decreed by Our most
salutary law' 7 in regard to prescription of forum are explained by the provisions of the law itself. But We have
been advised by the report of Your Sublimity that certain
persons also from the apparitors of the office of master of
soldiers are requesting that they shall be excepted,'8 and
by Our divine moderation We undertake the regulation of
that portion of the law also. Therefore, in the case of those
persons who are sued by their adversaries either in the
court of the Most August prefecture 3 or in the provinces,
it shall not be sufficient as a prescription for them to say
that they are apparitors of the office of the master of soldiers. Yet there shall be certain designated persons who
will not be permitted to be dragged to other courts, unless
their own judge is consulted, if they have been assigned to
the service of the master of soldiers.
i. Throughout each office staff of the Illustrious masters
of soldiers, We decreed by a law' 9 formerly promulgated
that three hundred persons should be excepted, since they
must not litigate in the provincial courts or in the court
of the praetorian prefect or the prefect of the City without
the permission of the Illustrious master of soldiers. We
decree that all the others who are in excess of the aforesaid
number, as if they were not members of the imperial service, shall be sued and summoned and shall answer to any
suit whatsoever before the Most Illustrious prefecturess
and the Most Noble governors" of the provinces, without
any prescription derived from their cincture of office.
2. Moreover, it is Our will that such apparitors of the
master of soldiers shall be proved to be neither decurions
nor gubernatorial apparitors nor assessed on the tax lists. 20
3. Moreover, in order that it may be certain who are
included in the aforesaid number of three hundred, in the
case of sentences or orders which are entrusted to the apparitors of the master of soldiers to be executed, or in the
case of leaves of absence, if perchance anyone of them
should wish to return to his own home by a leave of absence, We decree that the Magnificent master of soldiers
shall write at the bottom of the document that the bearer
is one of the number of three hundred, to whom orders or
sentences have been entrusted for execution or to whom
permission has been granted by a leave of absence to return to his own home.
4. If any person, therefore, has been summoned in accordance with the sentence of the Exalted office" or that
of the prefect of the City or of the governor 3 of a province,
and if he should say that he is an apparitor of the master
4.16
16
7, 2.
13 The praetorian prefecture or the prefecture of the City.

14 rectores, the civil judges ordinary.
15 Or: the counts and non-military tribunes. The tribunes and
notarii are meant.
CTh II, 30, 42; CJ 3,
23, 2;
7, 62, 33;
12,
54, 3; 12, 54, 5.
17 Nov. Th. 7, 3, 2.
18 the report of Your Sublimity which requests
that certain persons . . . shall be excepted, M.-M.
19 CJ
12,
54, 4.
20
[ 494 1
censibus ascripti, coloni.
Decurions Shall Not Lease Landed Estates

of soldiers, but if he should not produce such subscription
of the master of soldiers, We decree that such a prescription of forum shall cease to have effect in the case of such
a person.
5. But if he should produce a subscription of the master
of soldiers, such as We have mentioned, if he is indeed a
person about whose status no controversy is being raised by
a municipal council or a gubernatorial office staff, and if
it is proved that he does not owe any tribute or compulsory
public services, he shall be immediately dismissed as being
a litigator of another forum.
6. But if the subscription often mentioned should be produced by a person who is undergoing a controversy raised
concerning his status by a municipal council or a gubernatorial office staff, or by a person who is detained in a province on the ground that he owes tribute or compulsory
public services, We decree that the case concerning his person shall be referred both to the Magnificent master of soldiers whose apparitor he says he is and to the Most Illustrious Prefecture."' Thus if the case should not be delegated
within four months by the master of soldiers to the governor 4 of the province, then according to the decision of
Your Eminence, the suit shall be concluded in your court
or before the governor' 4 of the province.
7. But if a claim should be lodged before your Illustrious
and Magnificent office against such an apparitor, such claim
shall be written by your office also to the Magnificent master of soldiers. When this has been done, We decree that
your Most August office and also the Magnificent master
of soldiers shall act as judges and the case shall be terminated within three months, according to the order of the
laws.
8. But in the event that an apparitor of the office of the
master of soldiers is undergoing a controversy in regard
to his aforesaid status in a province, if the sentence or
interlocutory decision 21 of the governor14 of the province
should be suspended by an appeal, in a similar manner We
order that both the aforementioned Most August judges
shall have cognizance and shall weigh the merits of the
case, even though the master of soldiers should have delegated the case to the governor 14 of a province to be concluded.
9. In future trials, moreover, We decree that all claims
which come according to law shall be preserved unimpaired
for the parties to the suit, 0 Ariobindus, dearest and most
beloved Father.'
io. Therefore Your Illustrious and Magnificent Authority by posting edicts shall command that this law shall be
brought to the knowledge of all.
Given on the day before the nones of March at Constantinople
in the year of the consulship of the Most Noble Cyrus.-March 6,
441.
A copy to Aspar, Illustrious Count and Master of Soldiers and
Ex-Consul Ordinary.
TITLE 8: SHIPS BEYOND THE CAPACITY OF

TWO THOUSAND MEASURES MUST NOT BE
EXEMPTED (DE NAVIBUS ULTRA DUORUM
MILIUM MODIORUM CAPACITATEM NON
EXCUSANDIS)
21 Appeals from interlocutory decisions were ordinarily forbidden, under threat of severe penalties; CTh II, 30; II, 36; II, 30,
42; 1, 27, 1.
NTh 9.1

The frailty of the human race affords the occasions for
issuing laws, but the repetition of laws is an indication of
Our humanity, since, indeed, it is Our will that, although
the stings of the former laws against their rash violators
were sufficient for their correction, 3 delinquents shall nevertheless be admonished by a repetition of the law rather
than that penalties shall be exacted for their crimes. Therefore, since We have been informed by the report of Your
Sublimity that the law has been trampled under foot
which had once been promulgated to the effect that ships
must not be exempted, We are compelled by Our humane
feeling to repeat Our most salutary decrees, and We order
that no ship beyond the capacity of two thousand measures,'
before its auspicious loading or its conveyance of public
supplies, can be exempted and withdrawn from public uses,
either by any privilege of high rank or by respect for religion or by the prerogative of any person. If Our celestial
response to the contrary should be cited, whether it may be
an annotation or a divine pragmatic sanction, it must not
assail the regulations of this Our most prudent law.
i. We desire that this regulation also shall be observed
in all cases, namely, that in general, if any such response,
contrary to law and contrary to the public welfare, should
be cited in any suit whatsoever, it shall not be valid,5 since
indeed it undoubtedly proves the surreptitious act of the
petitioner.
2. But in order that any contempt of the present law
may not appear to go unpunished, if anything should be
attempted in any manner whatsoever to the fraud of this
law, We punish such attempt by confiscation of the ship
which is so exempted, 0 Florentius, dearest and most beloved Father."
by posting edicts shall command to be brought to the knowledge of all Our law which shall be valid forever.
Given on the seventh day before the ides of April at Constantinople in the year of the seventeenth consulship of Theodosius Augustus.-April 7, 439.
TITLE 9: A DECURION SHALL NOT LEASE

THE LANDED ESTATE OF ANOTHER PERSON NOR SHALL HE BE THE GUARANTOR
OF A LESSEE (NE CURIALIS PRAEDIUM ALTERIUS CONDUCAT AUT FIDEJUSSOR CONDUCTORIS EXISTAT)
There is no doubt that a person violates the law who
embraces the words of the law but strives against the intention of the law, and he shall not evade the penalties
included in the laws if he fraudulently defends himself by
the crafty prerogative of words, contrary to the meaning
of the law.
2 Ritter i5; CTh 13, 7; CJ I, 2, 10; II, 4, 2; Min. Sen.,
n. 25.
3 former laws were sufficient for the correction
of their rash violators, M.-M.
4CTh 13, 7, 2; CJ II, 4, 1I CTh I, 1, 4; I, 2, 2; Min. Sen., n. 25. Special privileges were
often granted to the Church, as well as to other influential groups.
6 Sirm. I, n. 3.
1
Ritter 4; Brev. 4; CJ I, 14, 5; 4, 65, 30; Glossary, curial.
C495 1
NTh 9.1
Decurions Shall Not Lease Landed Estates
I. It has been decreed by a most provident sanction2 that

decurions shall not undertake the procuratorship of the
property of other persons, but We learn from the report
of Your Sublimity that they are usurping for themselves
the right to become lessees of property, to the fraud of
this sanction. Although We perceive that they are ensnared
in the toils of the former law,2 for it is most certain that
such leasing is a kind of procuratorship, nevertheless, in
order that persons who are contemptuous of the law may
not lie hidden under the veil of their fraud and in order
that no falsified defense' of their own cunning may be
left to them, We sanction by this law which shall be valid
forever that the right also to become lessees of the farms
of others shall be abolished f or decurions and that the prop-
erty thus leased to them shall be vindicated to the resources

of the fisc.
2. Therefore any person who is a lessee contrary to this
law shall not be held liable to the lessor by any action; and
conversely the lessor shall not be held to the lessee, for it is
Our will that no pact, no agreement, no contract shall appear to follow between persons who contract them when
the law prohibits them to contract them.
3. We command that this principle shall be applied also
to all interpretations of the laws,4 the ancient as well as
the modern ones, namely, that it shall be sufficient for the
legislator merely to have prohibited what he does -not wish
to be done, and it shall be permitted to deduce all the other
provisions from the intention of the law, as if they were
expressed; that is, if actions should be done which are
prohibited by the law to be done, not only shall they be held
ineffective, but they shall also be considered as if they had
not been done, even though the legislator prohibited only
that they should be done and did not specifically say that
what was done must be ineffective. But even if some result should follow from that action or on account of that
action which was done against the interdiction of the law,
We command that such result also shall be null and ineffective.
4. But in order that every occasion for fraud on the
part of decurions may be cut out from the roots by this
law, We do not grant' that decurions shall pledge their
faith as security for the lessees of farms. For why should
We prohibit leasing if We permit the danger and responsibility of leasing? According to the aforesaid regulation,
therefore, which We decree shall be observed everywhere,
since the law prohibits such a deed, it is established that
such a stipulation shall not hold good, that such a mandate
shall not be of any moment, that such an oath shall not be
admitted, and that an action shall not be available to a lessor
in any manner whatsoever against him6 as guarantor, 0
Florentius, dearest and most beloved Father.'
by posting edicts shall command to be brought to all the
provinces these provisions which have been most prudently
established.
Given on the seventh day before the ides of April at Constantinople in the year of the seventeenth consulship of Our Lord Theodosius Augustus and the consulship of the one who is to be announced.8-April 7, 439.
2
CTh
12, I, 92.
3 fucata
excusatio.
4 Such interpretations, prepared by learned jurists, often obtained

the force of law.
6 The decurion.
5We prohibit.
7 Sirm. I, n. 3.
8 Nov. Th.
I, n. 29.
INTERPRETATION: No decurion shall become a lessee on
a fiscal or private farm, nor shall he be a guarantor for any

lessee. But if any person should accept a decurion as a
lessee on his farm or should receive a decurion as guarantor
for another lessee, he shall know that his right of action
shall become void in all particulars. For the farm itself
which was leased by a landholder to the decurion shall be
vindicated to the resources of the fisc. But the decurion
shall not be held liable, in accordance with the conditions
written above, even though he should issue a written acknowledgment of debt.'
TITLE 10: PLEADINGS AND THE PERPETUATION OF ADVOCACY- (DE POSTULANDO ET
DE PERPETUANDA ADVOCATIONE)
By Our most salutary law We come to the aid of your
most prudent suggestions. We learn from the report of
Your Eminence that greed for pleading in court, which
has overflowed into the court of the Most August prefecture and has been enkindled by the allurements of exemptions, has enervated the municipal councils and the provincial office staffs. Therefore We follow the regulations of
Your Sublimity in this matter also, and We decree by a
law which shall be valid forever that if decurions, beyond
the first sixty-four advocates, have already usurped for
themselves the right to plead cases in the Most August
court, contrary to what is permitted, by means of substitutes they shall assume the compulsory public services of
their municipalities, and they shall not enjoy any benefit
of the sacred imperial constitutions' that have been issued
in regard to advocates, unless they should attain to the
advocacy of Our fisc. But when they undertake the advocacy of the fisc, they shall enjoy all other benefits, since
by providing a substitute they do not defraud the municipal councils, and since neither a decurion nor a gubernatorial apparitor shall be further joined to the association
of the advocates in the court of the prefecture.
I. But in order that the infinite number, according to
your report, of those who are everywhere contained in the
official lists of advocates, beyond the hundred and fifty,4
may be able to be diminished by some wise provision, We
order that no person shall attain to the advocacy of the
forum of Your Eminence beyond those who are already
contained in the official register, unless the number of advocates has reached a hundred.- For it is Our will that
this number, as being sufficient for the litigations in the
court of the Most August prefecture, shall not be diminished, nor do We grant that it shall be increased.
2. But in order that waiting for a long time may not seem
hard to those persons who come beyond the number established,' We grant to them the unrestricted opportunity to
go to other forums, if they should so wish, and they shall
not be driven by any prescription from the minor courts.
9 cautio.
1 Ritter 16; CTh 2, io; Nov. Val.
2 CJ 2, 7, 6.
3 CJ 2, 7, 15.
2;
CJ 2, 6;
2, 7;
CTh
2, 1o.
4The number formerly allowed to plead in the court of the prefect;

2, 7, 8; 2, 7, II.
5 Has fallen to one hundred, the quota of advocates now allowed
to plead in the court of the prefect.
CJ
E 496 ]
NTh 11-1
Tutors
3. Furthermore, not only do We abolish the necessity for
advocates to avoid the provinces, but We even afford them
the opportunity to choose the provinces and to persevere in
the office of advocate in the provinces. We believe that it
will happen thus, if security is offered as the reward of
advocacy to them also. Thus they shall not fear the factions
of those persons against whom they faithfully defend their
clients, if they see that their fortunes are not subject to
the office staffs of the Most August powers.6
4. Wherefore, no person shall suppose that anything must
be enjoined upon the advocates in the courts of the provinces or of the judges with the rank of Respectable:' no
duty as tax inspector,' no duty as tax equalizer shall be
placed upon them; no construction of public works, no
duty as tax investigator, no rendering of accounts shall be
imposed upon them; in short, no other duty shall be
charged upon them except the duty of acting as arbitrator
in that province only in which they practice the duty of
advocacy. If an office staff should attempt rashly to violate
the regulations of this law, it shall be stricken with a
penalty of fifty pounds of gold, 0 Florentius, dearest and
most beloved Father.'
by posting edicts shall command to come to the knowledge
of all this law which shall profit the municipal councils,
the municipalities, and the provinces.
Given on the thirteenth day before the kalends of May at Constantinople in the year of the seventeenth consulship of Theodosius
Augustus.-April 19, 439.
The same Augustuses to Florentius, Praetorian Prefect.

Eloquence does not, as other things, deteriorate with
old age,10 for there is no end to it, unless the exertion of
daily practice is denied. Whence We consider that it is
harmful to the litigants and burdensome to judges to limit
the practice of advocacy by a definite time limitation, and
2.
We abrogate the constitution" which enjoins silence upon
advocates after a career of twenty years, 0 Florentius,

dearest and most beloved Father.9
I. Therefore Your Illustrious and Magnificent Authority
by posting edicts shall command to come to the knowledge
of all Our most salutary law, in order that, except the advocates in the court of the Illustrious prefect, who are encouraged to the end of their advocacy by the enjoyment of
special privileges and by the reward of high rank that has
been established for them, the other advocates shall know
that the former law" has been annulled and that the right
to plead cases which has been granted to them shall be
prescribed by no time limit.
Given on the thirteenth day before the kalends of May at Constantinople in the year of the seventeenth consulship of Theodosius
Augustus.-April 19, 439.
TITLE 11: TUTORS' (DE TUTORIBUS)

I. Emperors Theodosius and Valentinian Augustuses to
The prefects.
7 Glossary.
8 This and the following duties are unremunerated compulsory
public services.
6
9 Sirm. i, n. 3.
Cic., De Senec., 9, 28.

11 Not extant, but compare Nov. Val. 2,
2,
1 Ritter 5; CTh 3, 17-18; Brev. 5; CJ 6,
56, 6; 6, 58,
10
Lex Rom. Burg. 36, 4.
issued in 442.
10; 8, 14, 6;
Moderation is desirable in all things, and most especially

in those laws through which delinquents must be corrected
in proportion to the nature of their crimes. For a regulation is useless and should not be enforced2 by the judges
if it exceeds the measure necessary for correction. Thus the
constitution' which ruled that mothers died intestate if
they did not petition for the statutory protection for their
children who were pupils or minors, or if they did not
make an inventory of the property which was left, We decree shall be abrogated, on the ground that it is severe and
that it punishes mothers with an excessive penalty.
I. But in order that, in removing useless and inhuman
provisions, We may not appear to promise impunity to
delinquents, by this most salutary law We decree that provision must be made for the welfare of pupils also. Therefore if to the succession of a deceased pupil any persons
are called who after the death of the pupil's father did not
petition for a tutor for the pupil within a year, according
to the laws, they shall know that the entire succession of
such pupil shall be denied to them if he should die while
he is below the age of puberty, whether such inheritance
4
should be on intestacy or by the right of substitution.
2. It is Our will that the same regulation shall be observed also if a mother should accept the statutory guardianship of her children and, in violation of the oath' which
she had given, she should aspire to a subsequent marriage
before she has caused another tutor to be appointed for
such child and before she has paid in full what is due according to the account of the guardianship which she had
administered.
3. But if contrary to the authority of this law, before she
has fulfilled these duties, she should suppose that she should
be joined to a subsequent husband, the goods of such husband also shall be held obligated by the right of pledge to
the accounts of her former guardianship, 0 Florentius,
by posting edicts shall command to be observed by all this
law which shall be valid forever.
in the year of the seventeenth consulship of Our Lord Theodosius
Augustus and the consulship of the Most Noble Festus.-July io,
439.
INTERPRETATION: This law frees mothers from that
penalty which had been established in the body of the
Theodosian Code,' namely, that if they had not provided
tutors for their children or had not made inventories of
their property, they did not have the unrestricted power to
make testaments concerning their own property or to make
gifts to whomever they wished, and in addition, they were
branded with infamy. But this constitution, just as it frees
the mother from the aforesaid penalty, so makes wise provision for the minors in this particular, that if a mother
should legally undertake to administer guardianship over
her children and should bind herself by the interposition
of an oath, and if she should pass to another marriage, contrary to her promises, and should not give another tutor
to her children after she had deducted her account,7 or
2 It is remarkable that the head of a government should recommend the non-enforcement of any law.
3 Not extant. Cf. CTh 3, 18, 2, n. 6.
1 As heirs, if other heirs preferred to them should fail to take.
I Not to remarry, CTh 3, 17, 4.
6 Sirm. I, n.
3.
7 For expenses incurred in the administration of the property.
i 497 1
Tutors
NTh i1-1
should not first pay in full what it appeared that she owed,
and thus she should contravene the ordinance of this law,
not only her own goods, if she should be indebted, shall
be held obligated to her children, but also the property of
her subsequent husband, since he is joined to an obligated
person, shall be held as a pledge, in so far as the amount
of the indebtedness extends, until all the indebtedness is
compensated which is found in the account of the guardianship. For this law also affords aid to pupils in that particular, namely, that at the death of a father, if the child is
below the age of puberty, that is, below the age of fourteen years, those persons who can succeed him at his death,
according to the statutes and the law, if they should not
themselves undertake to administer guardianship over said
minor or should not petition for a tutor for him who must
manage his property and the minor himself, such persons
shall be held as persons extraneous from the succession of
such minor. The succession shall, without doubt, profit
those persons who are not held obligated by law to petition for tutors for the minor and who are found to be near
kinsmen of the grade of cognates to the deceased.
TITLE 12: NOTICES OF DIVORCE'
PUDIIS)
(DE RE-

We command that legal marriages can be contracted by
consent of the parties, but that marriages so contracted cannot be dissolved unless a notice of divorce has been sent.
For the consideration of children demands that the dissolution of marriage must be more difficult.
I. But in sending a notice of divorce and in investigating
the blame for a divorce, it is harsh to exceed the regulations
of the ancient laws. Therefore the constitutions3 shall be
abrogated which commanded now the husband, now the
wife to be punished by the most severe penalties when a
marriage was dissolved, and by this Our constitution We
decree that the blame for divorce and the punishments for
such blame shall be recalled to the ancient laws and the
responses of the jurisprudents,4 0 Florentius, dearest and
most beloved Father.5
2. Therefore Your Magnificent and Illustrious Authority
by posting edicts shall command to be published these provisions which have been most prudently established.

and the consulship of the Most Noble Festus.-uly 10, 439.
TITLE 13: SUPPLICATIONS TO THE EMPEROR AGAINST THE UNJUST SENTENCES OF

PRAETORIAN PREFECTS MUST BE MADE
WITHIN TWO YEARS AFTER THEIR SUCCESSION IN OFFICE' (CONTRA SENTENTIAS
INJUSTAS
PRAETORIO
PRAEFECTORUM
POST SUCCESSIONEM INTRA BIENNIUM
SUPPLICANDUM)
1 Notices of divorce, divorce.
2
Ritter 17; CTh 3, 16; Nov. Val. 35, II; CJ 5, 17, 8; Lex Rom.
Burg. 21, I.
3 Not extant
4 Cf. Ulpian,
but cf. CTh 3, 16.

Regulae 6-7.
5 Sirm. I, n. 3.
1Ritter 6; Brev. 6; CJ
Edict Theod. 54.
I,
14, 6; 5, 9, 5; 6, 61, 3; 7, 42, 1;

Thalassius, Praetorian Prefect of Illyricum.
The report of Your Sublimity has both afforded Us the
occasion to abrogate a law2 which has been disapproved
and has shown Us what Your Excellency is3 in examining
the claims of litigants. For what recourse is there left to
litigants in the Most August court of your office if, after
a sentence which is forbidden to be suspended by an appeal, the aid of Our Serenity may not be implored?
I. Therefore, by this law which shall be valid forever,
We grant to litigants in the Most August court of the
praetorian prefect the right to supplicate the Emperor, if
they affirm that they have been injured, contrary to law,
even though it should be said that the sentence was pronounced on behalf of a municipal council or for some other
public benefit. For it does not profit the welfare of the
people for the assistance of the laws to be denied to the
individual, 0 Thalassius, dearest and most beloved Father.4
shall know that the constitution' which prohibited persons
to supplicate the Emperor against a sentence pronounced
on behalf of a municipal council has been annulled in every
respect, and that such supplications must be offered only
to Our Divinity against the judicial sentences of your office within two years, to be computed, of course, after the
succession in office of the judge.6
3. In order that the advantages of this law may not be
hidden from any person, by posting edicts you shall command that it shall come to the knowledge of all.
Given on the third day before the ides of August at Constantinople in the year of the severiteenth consulship of Our Lord Theodosius Augustus and the consulship of the Most Noble Festus.August II, 439.
INTERPRETATION: This law orders that if any person has
been unjustly oppressed, by a judge against whose power

he was not permitted to appeal, he shall be allowed within
two years to supplicate the Masters of the State,7 in order
that a hearing may be again granted to him, when such
judge has become a private citizen. But if a litigant should
not supplicate the Emperor within two years after the succession of such judge, those judgments which had been
passed against him shall be preserved and shall have perpetual validity.
TITLE 14: PATERNAL AND MATERNAL
GOODS (DE PATERNIS SIVE MATERNIS BONIS)
It is the function of the Imperial Majesty to make wise
provision even for those persons who have not yet been
born, and in the contracts of their parents to prepare for
the future children also the due fruit of nature.
I. Previous constitutions 2 commanded that a woman, if
her marriage should be dissolved by the death of her husband and if common children should survive, should, under
certain conditions, preserve for the aforesaid children the
2
CTh II, 30, 16;
CJ
7, 62, i9; I, 19, 5; 7, 62, 30; 7, 62, 32; D i,
II, I; 4, 4, 17.
3 Is like.
6 Or:
4 Sirm. i, n. 3.
of you as judge.
5 Not extant, but cf. n. 2.

7 The Emperors.
I Ritter 7; Brev. 7; CJ I, 14, 6; 5, 9, 5; 6, 61, 3; Edict Theod. 54.

2 CTh 3, 8, 2; CJ 5, 9, 3.
[ 498 ]
NTh
Paternal and Maternal Goods

antenuptial gifts and other property which devolved upon
her in certain fixed ways from the person of her husband.
3 of Our Clemency by his
2. The sainted grandfather
humane mind had recommended' that husbands also under
the aforesaid conditions, if their marriage should be dissolved by the death of the wife and there should be surviving children, should observe these regulations with regard to the dowry and other property which devolved upon
them in certain fixed ways from the person of the wife.
3. We auspiciously decree by the bonds of law that these
regulations must be observed by husbands. For in general,
in any case in which the constitutions before the issuance
of this law sanctioned that a woman, if her marriage should
be dissolved by the death of her husband, should preserve
for their common children whatever devolved upon her
from the goods of her husband, in the same cases We decree by the authority of this law that the husband also, if
his marriage should be dissolved by the death of his wife,
shall preserve for their common children whatever devolved upon him from the goods of his wife. It is Our will
that it shall not make any difference if another person had
supposed that he should offer the antenuptial gift on behalf
of the husband or should offer the dowry on behalf of the
wife. We command that these regulations shall be observed even though the property given as antenuptial gifts
should be converted by the woman into her dowry, as is
customarily done.
4. For if by the fault of the woman the marriage should
be dissolved by divorce, the husband shall retain the whole
of such gift, not parts of it, as in the case of the other
type of dowry.' Moreover, We decree that the ownership
of the property which is preserved for the children by the
authority either of this law or of previous constitutions,
shall belong to such children. Therefore at the death of the
person who was preserving such property for the children,
the surviving children shall vindicate it from any possessor
whatever, and they shall exact the property which had been
consumed from the heirs of that person who should have
preserved it for them.
5. Of course, if any persons are to preserve such property, they are deprived of the right to alienate or to obligate in their own name the property which they were
commanded to preserve for the children. But We do grant
to a father the right to administer advantageously the business of his children. We do not deny to parents the right
to divide property also among the children themselves,
in accordance with their own decision,5 or to choose whomever they wish.6
6. In those cases, moreover, in which a mother is commanded to preserve property, as being paternal property,
for their common children (that is, when the marriage has
been dissolved by the death of the husband and the wife
comes to a subsequent marriage), or when We have decreed that a father shall preserve property, as being maternal property for the common children (that is, when the
marriage has been dissolved by the death of the wife and
the husband comes to a subsequent marriage), if the children should not enter upon the inheritance of the parent
who dies first, they shall be permitted to vindicate to them3 Theodosius I.
In other types of dowry, the husband retained in such cases one
sixth of the dowry for each child.
s As expressed in a will.
6 As heirs to this property. Nov. Maj. 6, 8; Nov. Sev. i.
4
14-1
selves such property as though it belonged only to that

parent,7 of course, even if such children should suppose
that they should also enter upon the inheritance of the
parent who dies later, in order that the regulation which
was proclaimed in favor of the children may not appear to
have been devised, in certain cases, to their injury.
7. In accordance with Our humane feelings We believe
that the following provision also should be inserted in this
law, namely, that in that case also in which either a wife
gainfully acquires the property which comes to her from
her husband, or a husband gainfully acquires the property
which passes to him from the goods of his wife (that is,
when the first marriage is dissolved by the death of one
of the parties and the surviving party does not come to a
subsequent marriage), if either the husband or the wife
(that is, the one who is the survivor) should not consume
or alienate the property, because there is no doubt that
the ownership, as it were, of the property has been granted
to them if they do not come to a subsequent marriage,8 if
the children should be unwilling to enter upon the inheritance of the parent who dies later, they shall be permitted
to receive the property which came from the father as
paternal property, and that which came from the mother
as maternal property.
8. Moreover, We confirm the provision which is contained in previous decrees" that an antenuptial gift shall
not be acquired by a father from a daughter who is under
the paternal power and a dowry shall not be acquired by
a father from such a son,"o and We add the provision that
if such son or daughter should die while still under the
paternal power and should die with children surviving, the
aforesaid property shall be transmitted to their children by
the right of inheritance, not to the father" by the right
of peculium. Of course, property shall not be acquired in
the aforesaid manner by a grandfather through his grandsons, 0 Florentius, dearest and most beloved Father.12
by posting edicts shall cause to come to all peoples this law
which has been most prudently promulgated.
Given on the seventh day before the ides of September at Constantinople in the year of the seventeenth consulship of Our Lord
Theodosius Augustus and the consulship of the Most Noble Festus.
-September 7, 439.
INTERPRETATION: This law confirms that, just as a
woman after the death of her husband must conserve all
the goods which came to her from the property of her
husband in any manner whatsoever, and that the whole of
it shall profit the children, fathers also shall comply with
this regulation by a similar observance with respect to
maternal goods (except property which was acquired by
them at the death of children in that manner, just as the
law declares in the eighth book of the Theodosian Code),'*
if they should come to subsequent marriage vows, or if
perchance they should not so come. The law commands that
if property had been ordered to be reserved for children
and if after their death it had been alienated or obligated
in any way, the children shall recall such property to their
own ownership, wherever they may be able to find it. For
the law permits that if a woman should have nothing of her
own, she may thereafter offer to her husband as dowry
7 Deceased.
8 Nov. Sev. I; Nov. J. 98, I.
9 CTh 8, 19, I; CJ 6, 61, I.
10 Who is under paternal power.
11 The grandfather of the children.
12 Sirm. I, n. 3.
13 8, 18, 4.
C499 1
NTh 14-1
Paternal and Maternal Goods
property from the betrothal gifts which she received from

her husband. But it establishes that fathers shall manage
the affairs of their children advantageously and with the
greatest energy, and that they shall have the power to divide the maternal property equally among the children,
either through themselves or through those persons whom
they choose. Of course, of all the property of a wife which
came to the proprietorship 4 of the husband by any title
or name whatever, either by gift or by testament or by the
death of a child, even though the husband should not pass
to another marriage, if at his death the children should be
unwilling to enter upon his inheritance, the children shall
have the right to vindicate to themselves all the property
which the husband had acquired in any manner whatsoever
from the maternal goods, just as all the rest of the maternal property, in whosever possession they may find it.
In a similar manner, even if a mother at the death of her
husband should not proceed to a subsequent marriage, if
the children should be unwilling to enter upon her inheritance, all the property which their mother acquired in any
manner from the goods of the father, as has been said
above, the children may vindicate to themselves intact and
may defend, after the death of the mother whose inheritance they repudiated. Thus in consideration of justice it
appears that provision has been made that, because it is
recognized that they have nothing from the property of
that parent who dies later, even that property which appears to be from the goods of the parent who dies first
must belong intact to the children.15 But the rest of this law
has been explained in other laws.
TITLE 15: A DECURION SHALL NOT ASPIRE
TO THE RANK OF SENATOR OR TO ANY
HIGH HONOR (NE CURIALIS AD SENATORIAM DIGNITATEM VEL AD ALIQUEM HONOREM ASPIRET)
I.' Emperors Theodosius and Valentinian Augustuses to
the Senate of the City of Constantinople.
We trust, 0 Conscript Fathers, that it will be pleasing
to your most splendid assembly if wise provision is made
for the welfare of the municipalities. Of course, it is to
your interest to wish that the municipalities shall thrive.
You are accustomed to provide especially for the municipal
councils, since, indeed, by Our decision the State is customarily entrusted to you for guidance. For even though
at certain times We allow you to enjoy leisure, in order
that you may not appear to be harassed by continuous labor, nevertheless, the responsibility for the best guidance
of the State does not forsake you. Wherefore, on a law
which shall profit the municipal councils, We especially
congratulate you, 0 Conscript Fathers.
I. From the report of Florentius, Illustrious and Magnificent Praetorian Prefect of the Orient and Ex-Consul,
We learn that certain decurions desire to withdraw themselves from the outrages that are committed on them by
the governors,2 and to take refuge in the prerogative of
14proprietas, control, dominium, rather than ownership.
15 Or: recognized that the matter has nothing to do with the
property of that parent who died later, at least that property . . .
intact to them, Conrat.
the Senatorial rank. There is no doubt that this practice

enervates the municipal councils. Of course, if the compulsory service as praetor3 should be imposed upon decurions, it compels each of them to refuse his hereditary compulsory services4 and the compulsory public services of his
own municipality5 since their patrimonies have been consumed in this manner.6
2. But you perceive that it is also harmful to the public
welfare that the decurions are withdrawing themselves, by
means of the reverence due to high rank, from the action
of the judges.7 For the collection of debts would cease if
the collectors should defer to the debtor. Therefore, by this
law which shall be valid perpetually, We decree that no
decurion hereafter shall usurp for himself the insignia of
the Senatorial rank, and to no decurion shall be granted the
right to mingle with the Most Noble assemblage."
3. But in order that We may not be known to have left
these most prudently established provisions half-fulfilled
by any omissions, We decree that the compulsory service
as praetors shall be remitted to those decurions also who
have already obtained the Senatorial rank but who have
not yet been nominated as praetors, or who have been so
nominated but have not yet been delivered as obligated to
the compulsory public service as praetor by the decision
of your Most August assemblage.
Augustus and the consulship of the Most Noble Festus.-September
12, 439.
INTERPRETATION: This law commands that no person
who was born a decurion shall aspire to any honors or
attempt to assume any high rank by supplicating the Emperor, but he shall know that he must undergo only the
duties due to the municipal council.
2. The same Augustuses to Zoilus, Praetorian Prefect.

There would be no necessity for promulgating this sanction if the rash lawlessness of wicked men were restrained
either by fear of the laws or by the authority of shame.
But since audacity despises both of these restraints, wise
provision must be made immediately by the remedies of
Our sanctions, in order that such outrage may not thus
stealthily proceed any further.
I. Therefore, in so far as the report of Your Magnitude
has revealed, Valerianus, 0 a decurion of the municipality
of Emesa, a transgressor of the public law and the statutes,
assumed for himself unjustly and surreptitiously the cincture of office of an Illustrious honor," in order that he
might rely on the insignia of such high rank and might be
able to fulfill his insolent design. For accompanied by a
great horde of barbarians, he rushed into the private council chamber of the governor 2 of the province, he dared to
vindicate a prior place's for himself, he seated himself on
the right of the man to whom We have committed the laws,
to whom We considered that the fate of the provincials
should be entrusted, and thus when he had put to flight all
the office staff of the governor, he left everything devastated
8 CTh 6, 4.
4 To the municipal councils.

5 As decurions.
6 By their expenditures as praetors.
7
judices, the judges ordinary, the governors mentioned above.
8 executor, enforcement officer; the reference may be to the collection of taxes by the decurions.
9 The Senate at Rome or Constantinople.
10 Otherwise unknown.
1 Ritter 8; Brev. 8; CTh 12, 1, 48.

2 praesides, who had jurisdiction over the decurions.
11 The highest rank, Glossary.

12 moderator, the judge ordinary, nm.
[ 500 ]
2,
7.
13
A front seat.
NTh 16-1
Testaments
and deserted.' 4 He was not richer in resources than he was
full of crimes, and he also received other decurions at his
home, in order that the public accounts might be defrauded. 15 He placed a garrison of slaves in opposition to
the tax collectors, contrary to the public discipline, and
thereby the treasury of Our Serenity suffered a great loss
through his madness. Vengeance should have been taken on
him by the more severe stings of the laws, if Our customary clemency had not restrained Us and restored Us
to Our customary mildness. Wherefore, We decree by this
general16 sanction that he shall be deprived both of his
cincture of office and at the same time of his Illustrious
rank, that he shall be restored to the municipal council
and at the risk of his own resources he shall perform all
the compulsory public services of the municipal council himself, or through a substituted person, if it should thus
seem best to the Most Noble governor1 2 and to the decurions. He shall obey judicial sentences in the same manner
as all others.
2. But because an imperial remedy must be a general one,
it is Our will that all other decurions also of all municipalities shall be debarred in the future from the rank of Illustrious, with the cincture of office or without the cincture
of office, nor shall they strive for the insignia of this honor
for themselves.
3. But if after the issuance of this sanction of Our Imperial Divinity, they should be able rashly and surreptitiously to impetrate such an honor, they shall know that it
will be fruitless to them and that there is no distinction
between them and the other decurions who have not obtained such rank. Those decurions, moreover, who have
already obtained an empty, or honorary, dignity shall be
responsible through substituted persons for the compulsory
public services of the municipal council, at the risk of all
their own fortunes, without any patronage, 0 Zoilus,
dearest and most beloved Father. 7
4. Therefore Your Illustrious Authority by duly posting
edicts everywhere shall cause to come to the knowledge of
all this law of Our Divinity which shall profit the public
welfare.
Given on the thirteenth day before the kalends of August at Constantinople in the year of the eighteenth"' consulship of Theodosius
Augustus.-July 20, 444; 441.
TITLE 16: TESTAMENTS (DE TESTAMENTIS)

I.1 Emperors Theodosius and Valentinian Augustuses to
It will profit the barbarian nations to be delivered to the
sovereignty of Our Divinity, Our victories will appear to
be fruitful to those who obey Us, only if the advantages of
peace are established by the regulations of the laws. Therefore with Our divine perception We are studying the affairs of the human race day and night, and We consider it
pleasing to come to the aid of the wishes of dying persons,
in order that each one may make a testament according to
his own decision, that he may have his own will in his own
14 desolate, M.-M.
15 This seems to have been a rebellion against the payment of
taxes. Cf. CTh II, 24.
16 Delete: general, M.-M.
17
power, and that no person against his wishes shall remain

silent or speak. Of course, a testament is properly that
which contains the true will of the testator.
i. The nature of men is such that they love certain persons and fear others; to certain persons they are debtors
of due gratitude, others they suspect; they understand that
the fidelity of certain persons should be chosen, they consider that nothing can be entrusted to others; and nevertheless, they do not dare to confess what they think about
each person. Therefore, the ancients presented written testaments to witnesses, and demanded that the testimony
should be produced for these documents that had been presented to such witnesses. But since the ignorant presumption of posterity gradually changes the precautions of the
ancient law and witnesses are demanding to know entirely
the contents of a testament, the matter has proceeded to
the point that, while each person fears at times to make
public his decisions, while he does not dare to entrust his
own secrets to the witnesses of his testament, lest he may
offend those who gaze covetously at his property, he permits
himself to die intestate rather than perilously to express the
secrets of his mind.
2. Therefore by this well considered law We sanction
that if any person should make a testament in writing and
if he should wish no one to know those things which are
written in the testament, he is permitted to offer 2 the document sealed, tied, or merely closed and folded. It may be
written by the hand of the testator himself or by the hand
of any other person whatever. Seven Roman citizens shall
be summoned as witnesses, all over the age of puberty, and
he shall offer the document2 at the same time to be sealed
and subscribed, provided, however, that the testator has
said in the presence of the witnesses that the testament
which is offered is his own and before the witnesses he
himself has subscribed with his own hand on the remaining
part of the testament. When this has been done and the
witnesses subscribe and seal it on one and the same day
and at one and the same time, the testament shall be valid,
and it shall not be invalidated because the witnesses do not
know the provisions that are written in that testament.
3. But if the testator should be ignorant of letters or
should not be able to subscribe, We decree that the aforesaid regulations shall be observed and that an eighth subscriber shall be employed in his stead.
4. Moreover, in all testaments that are drawn ups either
in the absence or in the presence of witnesses, it is unnecessary to demand that the testator at one and the same
time shall summon the witnesses, draw up' his will, and
complete the testament. But although a testament may be
offered which has been dictated or written at another time,
it shall be sufficient that on one and the same day, with no
act intervening, all the witnesses, at the same time, of
course, and not at different times, shall subscribe and seal
the testament.
5. Moreover, We decree that the end of a testament
shall be the subscriptions and seals of the witnesses. For

a testament not subscribed and sealed by witnesses must be
considered as imperfect. It is Our will, moreover, that the
will of a deceased person shall not be valid from an im4
perfect testament, unless it is held only among his children.
Sirm. i, n. 3.
1s Seventeenth, Zirardinius and Amadutius.

1
Ritter 9; Brev. 9; CJ 3, 36, 26; 5, 28, 8; 6,
Burg. Rom. 45, 2; Nov. Val. 21, 1, 4; CTh 4, 4.
To them as witnesses.
3 dictare, dictate, apparently to an amanuensis.
2
23, 21;
7,
2,
14;
4 Who would be his heirs in case of intestacy, and who are under
his power.
E so
NTh 16-1
Testaments
6. We sanction that testaments made by nuncupation

also, that is, without writing, shall not otherwise be valid
unless seven witnesses, as was said above, should be gathered together at one and the same time and should hear
the will of the testator as a person making his testament
without writing, not as a person who is announcing his
decision, as is customarily done; that is, he shall say that
he is manifestly making a testament without writing in the
presence of the aforesaid witnesses at that very time, not
that he shall promise the future decision of his will.
7. Moreover, if any person should complete a testament
according to law, and if afterwards he should come to'
another testament, We decree that the one which was made
first shall not otherwise be invalidated than if that testament which the testator undertook to make second should
be consummated according to law, except in the case that
persons were written in the prior testament who could not
come on intestacy to the inheritance or succession of the
testator, and in the second will the testator undertook to
write as heirs those persons who are called to his inheritance
on intestacy. For in such a case, even though the later
document may appear to be imperfect, the prior testament
shall be invalidated, and We decree that his second will shall
be valid, not as a testament but as the will of an intestate
person. In such a will the depositions of five sworn witnesses shall be sufficient. If this should not be done, the
first testament shall be valid, even though extraneous persons appear to have been written as heirs in it.
8. We perceive that this provision also must be inserted
in this law, namely, that since it has already been granted
that testaments can be made in Greek,6 it shall be permitted
to leave in testaments written in Greek words legacies also
and direct grants of freedom and even tutors. Thus it shall
appear that the legacies have been left and the direct grants
of freedom or the tutors have been given, as if the testator
had ordered in the statutory words that these things should
be given, done, and observed, 0 Florentius, dearest and
by posting edicts shall command to be brought to the knowledge of all this well considered law.
Augustus and the consulship of the Most Noble Festus.-September 12, 439.
INTERPRETATION: This law confirms many things that
have been written about testaments in the authority of the
Theodosian corpus, 8 but it contains the further provision
that if any person should compose a testament according
to the praetorian law,9 that is, a testament that is confirmed by the subscriptions of seven witnesses, the author
of the testament, if he knows letters, shall himself subscribe
as the eighth person. If, however, he is not able to subscribe or does not know letters, then he shall employ an
eighth subscriber in his stead. For even though the subscribers should not know what is contained in the pages
5 Undertake to draw up.

6 In a constitution or constitutions not extant. For a long period
in Roman law only Latin could be used with binding force.
7 Sirm. I, n. 3.
8 Theodosianum Corpus, apparently used with the same meaning
as Theodosianus Codex, the Theodosian Code.
9 The innovations formerly introduced into the law by the praetors
during the Roman Republic and the early Empire, when they had
authority as supreme judges to modify the old civil law.
of the testament, the testament shall not be considered invalid from this circumstance. But nothing shall be detracted from a testament if it should be said to have been
dictated3 throughout several days, provided that on one day
in the presence of the testator all the witnesses summoned
by the testator at the same time shall subscribe the testament and shall strengthen the signed testament by affixing
their seals. If a person should prefer to publish his will
through nuncupation also, that is, without writing, he shall
summon seven witnesses at one and the same hour. First
he shall explain clearly the purpose for which he has asked
them to come, in order that because he has not made a
testament, they may publish in the public records and may
allege that this is the will of the deceased. If, moreover, any
person should have already made a legal testament and
should afterwards wish to make another testament, the one
which was made first shall not otherwise be rendered invalid unless the subsequent testament should be written with
all validity and established by the statutory number of witnesses. For if perchance the second will of the decedent
should be imperfect, it shall then become valid if in the
first testament which the testator had made, he had written
as heirs extraneous persons, and if afterwards in the second
will he instituted as heirs or called to his succession those
persons who, even though the testator had not executed his
testament, could succeed to the inheritance of the deceased
on intestacy. However, the later will of the deceased, even
though it should not be completed, shall be valid in all the
provisions that are so written, provided that five witnesses
shall confirm by the obligation of an oath that the testator
called them together for this purpose, namely, that he
might revoke the prior testament and might establish a
second will, which he was not able to complete, in favor of
his near kinsmen. Such a will shall remain valid in all its
details and with regard to all persons.
TITLE 17: PETITIONS FOR OWNERLESS
PROPERTY' (DE COMPETITIONIBUS)
We fully approve the recommendation of Marcellinus,
the Illustrious Count of the Sacred Imperial Largesses, acting forz the Illustrious Count of the Privy Purse, since this
recommendation is in harmony with Our divine imperial
purpose and makes wise provision for the welfare of all
Our subjects in common. For in these most auspicious
times3 of Our Empire it is Our especial care to provide in
what manner all men may abound in riches by Our liberality without the ruin of anyone.' We deem that it is indeed
the function of imperial provisions that all men should rejoice in Our regulations and that no one should bewail
that he has beens unjustly stripped of his property.
1 Ritter 47; CTh io, io; CJ io, 12.
As the representative of the count, or as vice count.
3 This was the period of greatest misery for the Roman Empire,
but every Emperor insisted that the time of his reign was happy
and auspicious. It was a crime of high treason for any person to
say that the times were hard, since that would reflect on the divine
wisdom of the Emperor, CTh 9, 4, I, n. 4.
4 The Emperor wished to reward his supporters with his bounty,
which usually consisted of grants of ownerless and confiscated property, but he wished to avoid confiscation, whenever possible, CTh io,
2
I, n. 2; lo, I; io, 8-io.
5 No one should bewail them because he had been unjustly

stripped, M.-M.
[ 502 ]
NTh 17-1
Petitions for Ownerless Property

i. Wherefore We sanction by this law which shall be
valid forever that no person shall be allowed to petition
in any manner from Our Serenity for a deceased person's
goods as caducous or for any other property whatever
which belongs to Our fisc or to petition in court for that
action which obtains such property, unless a year has passed
from the day of the death of the deceased or from the
time when the fisc had its right or was able to have such
right. If a sacred imperial response" of Our Clemency
should be impetrated by any person, according to this law,
in no manner shall it be made known7 to the competent
court, unless the claimant should deliver in court an informer of free condition who had been produced by his
offices." In this fair City," if property should be found
here which belongs to the fisc and if such property should
be petitioned for, at the risk of the persons whose duty it is,
such informer shall be kept in the confines of prison and
shall be transmitted to the governor 10 of the province under
very close guard. For We order that slaves shall not be
admitted in court, not even to the slightest degree," on the
ground that they have no legal status, and if they should
so dare, 1 2 they shall be immediately delivered to the flames
or to the wild beasts. 3
3. But We decree that the prescription of the aforesaid
time14 shall not be able to be annulled by a concession to
an informer or by the special grant of imperial favor of
Our annotation or by a sacred imperial pragmatic order,
and if perchance any person should surreptitiously elicit
any such thing, a thing which We do not believe will happen, We decree that what he obtained shall not be admitted
by any judge. If the judge should admit it, he shall not
only be liable to the penalty for sacrilege," but he shall also
restore the losses to that person who was injured by his
injustice.
4. For the common advantage of all, We decree that it
must also be sanctioned that if any person should petition
for any property, and if the drawing up of his petition by
the office"' whose function it is should once obtain precedence,17 no other person thereafter can request such property from Our Clemency, nor shall any petition be permitted to be drawn up thereafter for the same cause. The
office staff which should permit such a second petition shall
be stricken with a penalty of ten pounds of gold for such
surreptitious action, 0 Florentius, dearest and most beloved Father.1 8
by posting edicts shall cause to come to the knowledge of
all Our very salutary law, in order that Our provincials
may know that Our Serenity is vigilant with continuous
solicitude for their peace.
Constantinople in the year of the seventeenth consulship of Theodosius Augustus and the consulship of the Most Noble Festus.October 2o, 439.
6A
rescript granting caducous property to anyone.

7 Lodged in the court of the count of the privy purse.
9 Constantinople.
8 Or: by an office staff.
10 moderator, the judge ordinary.
'l
ab initio.
To appear in court as informers.

13 In the arena.
14 Min. Sen., n. 25.
15 As a violator of the sacred imperial regulations, Const., n. II.
16 Of the count of the privy purse.
17 Over other petitioners. Or: if the drawing up of his petition
12
. .. should once precede.

18 Sirm. i, n. 3.
2.19 The same Augustuses to Zoilus, Praetorian Prefect.

For the magnitude of the benefits by which the Supernal
Majesty has increased the Roman Empire by His singular
benevolence toward Us,3 return must be made by the offering of Our sincere purpose, by which alone the Divinity
is worshiped. Indeed it is Our most important function to
understand how the race of men may be unharmed as far
as possible and to protect them from all injustice, since We
recognize that We have been chosen 20 for that purpose.
i. Therefore, since We desire to eradicate entirely every
occasion to strive for the fortunes of other persons, it is
Our will that no person shall have the right to petition
for property, even though some intestate man or woman
should fulfill the duty of fate and no persons from the
number of the near kinsmen or the wife or husband should
survive, and of whatsoever condition or sect 2 1 the deceased
may be, or by whatsoever title the property should be
caducous or subject to the fisc, or should have fallen into
the status of caducity.
2. As for the future, it is Our will that the same regulation shall be observed, to such an extent that even if any
petition has already been offered and has obtained a response, and if, however, the effectuation of such petition
is pending even now and has not obtained any conclusion
either by compromise or by judicial authority, such petition shall be invalidated, and every controversy, every action, that has arisen from such a response shall be entirely
extinguished, whether the petition has been introduced in
court or not. For if any petition has been terminated in
the time that has previously passed, either by a definitive
sentence of a judge or by decisions2 2 that have been interposed, We do now allow such petition thereafter to be reconsidered.
3. No person, therefore, shall dare to aspire to a petition for the property of a deceased man or woman, of
whatever fortune or sect 2 1 such deceased person may be,
even though the right to such property is open to Our fisc,
since not even those persons by whose acts and offices the
execution of petitions proceeded are allowed to resist Our
sanctions with impunity. But the Illustrious quaestor of
any time whatever, if he should subscribe a petition which
has been offered or should even give a response, and the
Illustrious count of the privy purse, if he should either
permit a petition to be drawn up or should admit a petition if it should be introduced, shall both sustain the indignation of Our Divinity, and the punishments for their rash
lawlessness shall become an example to all others. But We
decree that persons in the bureau of memorials, who have
taken the responsibility of receiving and completing such
rescripts, and the palatines who have drawn up such petitions or have published the records of such petitions that
have been admitted, shall be punished by proscription of
their goods.28
4. Clearly, if it should happen that a man or a woman
19 CJ 10, 12, 2.
As Roman Emperor, by the Supernal Majesty.

The property of certain heretical sects might become caducous.
CTh 16, 5, 7 ff.
22 Or: either by the definitive sentence or the interposed
decisions
of a judge.
23 The imperial bureaucracy was often able to thwart the plans
of the Emperor, and his secretary, the quaestor of the palace, might
even issue rescripts in the Emperor's name but without the Emperor's knowledge, or authority, Min. Sen., n. 25; CTh I, 5, n. I;
NVal. 19, n. 2.
20
21
C 503 ]
NTh 17-1
Petitions for Ownerless Property
should die intestate and if no near kinsmen of the wife or

husband should survive, even if the deceased man or woman
should be of such a sect"1 that, according to the divine imperial sanctions, their goods must be vindicated to the resources of the fisc, whether the property should be caducous, or subject to the fisc by another title, or should fall
into a state of caducity, We specially delegate the judicial
investigation of such property to the court of the Illustrious
praetorian prefect, and a third part of such goods shall be
vindicated to the treasury of the praetorian prefecture, a
second third to the sacred imperial largesses, and the remaining third, by the distribution of the aforesaid prefecture, shall be vindicated to Our private treasury.
5. By a like regulation We decree that municipal property2 4 also and property belonging to public ownership must
be protected against every petition, and, of course, no pragmatic order or sacred imperial annotation or any divine
imperial response 6 or mandates, if they should be impetrated by any person contrary to this Our sanction, shall
be able to have any validity.
6. If any person, moreover, should suppose that he
should recommend to Us anything contrary to the tenor
of this most sacred imperial constitution, or should attempt
to intervene for a person who by dissimulation has made
himself subject to the penalty of this law, he shall incur
the implacable displeasure of the Supernal Majesty as well
as that of Our Imperial Divinity. All men shall know that
no diminution at all is made by this law from the punishments which have been ordained against informers by constitutions that have already been promulgated, 0 Zoilus,
dearest and most beloved Father."
7. Therefore Your Illustrious and Magnificent Authority, by posting edicts in the customary manner throughout
all the cities which are subject to Our imperial power, shall
grant that henceforth the salutary regulations which We
have sanctioned for the human race shall be hidden from
no person.
Given on the tenth day before the kalends of May at Constantinople in the year of the eighteenth consulship of Theodosius Augustus.-April 22, 444.
TITLE 18: PROCURERS' (DE LENONIBUS)

i. Emperors Theodosius and Valentinian Augustuses to
Cyrus, Praetorian Prefect.

The history of the past shall obtain verification from
the examples of the present, and henceforth antiquity,
which has indicated to Us that the highest men have preferred the State to their own wealth, shall be freed from
all doubt, since We observe that the Illustrious Florentius,
who is exalted by the administration of the praetorian
prefecture, no longer vies with the glory of his ancestors
but with his own great merits toward the State, with the
emulous virtue of his noble spirit. Thus not only by his
counsel and foresight but also by his devotion and generosity he has freed the reputation of the State from the stigma
and ignominy of disgraceful turpitude. For when he saw
that the negligence of the ancients was being circumvented
by the damnable cleverness of procurers, so that under the
pretext of a certain lustral tax payment 2 they were permitted to practice the business of corrupting innocence,
and that the State itself somehow in its ignorance was not
repressing this injury to itself, with his devoted purpose
toward the honor of all persons, he reported to Our Clemency, because of his love for honor and chastity, that such
practice pertains to the injury of Our times, if procurers
should be permitted to engage in business in this City'
or if the treasury should appear to be increased by their
most shameful profits. Although he observed that We
execrate that tax, even if the vicarious offering should
cease, 4 nevertheless, in order that no disadvantage might
come to the treasury, he offered his own possessions, from
whose income could accrue the sum which the aforesaid
evil breed was accustomed to pay.
i. Whence We gladly accept his provision and generosity,
and We sanction by this law which shall remain throughout
the ages that if any person with sacrilegious lawlessness
should hereafter attempt to prostitute either the slaves of
another person or his own slaves, or the bodies of freeborn
persons whom he had hired at any price whatsoever, first
the most wretched slaves shall be vindicated to freedom and
the bodies of the freeborn persons shall be freed from such
impious employment. As an example and correction for all
persons, such procurer shall be severely flogged and driven
from the boundaries of this City,' in which he supposed
that he should practice such forbidden wickedness, 0 Cyrus,
2. Therefore, Your Illustrious Authority shall order that
the provisions which We have decreed for the sake of
protecting honor must be observed with due veneration, and
the office staff of Your Magnitude shall pay a penalty of
twenty pounds of gold if it should disregard Our regulations. 6
Given on the eighth day before the ides of December at Constantinople in the year of the seventeenth consulship of Theodosius Augustus and the consulship of the Most Noble Festus.-December 6,
439.
TITLE 19: THE RESCISSION OF SALES OF

THE FARMS OF THE IMPERIAL DOMAIN'
(DE RESCINDENDIS VENDITIONIBUS FUNDORUM REI DOMINICAE)
Eudoxius, Count of the Privy Purse.
The report of Your Sublimity which was recently presented testifies to your love for the State, and if indeed it
should be observed with careful attention, it prevents Our
income from perpetual diminution. For the noxious cupidity of certain persons does not cease to misuse Our preoccupation in which We are absorbed for the welfare of
the world. Such persons are gradually buying up the regular tax' of Our landholdings which belong to the divine
imperial household of Our Imperial Divinity and under the
appearance of such contracts they are furtively and surreptitiously exhausting Our patrimony. Therefore We sanction by this law which shall be valid forever that no person
3 Constantinople.
4 Or: reading vectigalis: We execrate this practice, even if the
vicarious offering of the tax should cease. The Emperor was ready
to abolish the tax, even though a loss of revenue was involved.
5 Sirm. i, n. 3.
24
1,
6, n. 33.
res civiles.
1 Ritter 28; CTh 10, 3; II, i9;
I CTh 15, 8; CJ II, 41.

2 Cf. 13, I, I; Zosimus 2, 38; Lampr., Vita Alex. Sever. 24.
[ 504
2 Apparently
CJ
II, 66, 7.
by contracting to pay the regular tax or rental of

imperial landholdings. They then evade payment.
Scholarians, Their Counts and Confidential Advisers

shall remove the regular tax and thus undertake the purchase of a landholding of Our domain.
i. But if any person after the issuance of this law should
undertake such a forbidden contract, it is Our will that he
shall lose the price paid, he shall return the farms, he shall
restore the fruits thereof for the entire period of time, and
he shall not oppose to such exaction of fruits compensation
for his expenses or for improvement of the property, nor
shall he flatter himself by any prescription of time, contrary to Our advantages.
2. If in any manner such a contract should be executed
or if the palatine office staffP should draw up such a petition, it shall pay fifty pounds of gold as a fine to the private
treasury of Our Majesty, and no generosity of Our Clemency, no sanction, shall be valid against so great advantages
of Our private property, even though it may be an annotation or a divine pragmatic sanction which grants that such
regular tax shall be sold, contrary to the prohibition, and
which remits the penalty against the palatine office, 0 Eudoxius, most beloved Brother.4
3. Therefore Your Illustrious Authority by posting edicts
shall command this law to be brought to the knowledge of
all.
Given on the thirteenth day before the kalends of June at Constantinople in the year of the consulship of the Most Noble Anatolius.-May 20, 440.
TITLE 20: ALLUVIAL LANDS AND SWAMPS'

(DE ALLUVIONIBUS ET PALUDIBUS)
Cyrus, Praetorian Prefect and Consul Designate.3

By the reports of Your Eminence the material is always
afforded to Us for conferring some great advantage upon
the State; something is always presented to Us for correction. It is therefore undoubtedly made manifest through
these reports also how great is the solicitude of Your
Magnitude for the provincials.
i. The nature of alluvial lands, which customarily arise
in the case of the landed estates that are bounded by the
banks of certain rivers, is such that possession of such
lands is always uncertain, and the ownership is uncertain
of that land which accrues to a landholder through alluvion. For what we possess today is sometimes transferred
the next day to the other bank of the river and to the ownership 4 of a neighboring farm and is thus acquired by such
farm. However, such land does not always remain in the
possession of the person to whom it accrued and by whom
it was acquired, but it often returns with an increase to
the former owner. Often it does not remain with the later
owner nor return to the former owner, but it is dissolved
by the inundation of the river into the sands of the river.
2. Therefore We accept the report of Your Eminence,
and We are not speaking of Egypt alone or only about the
3 Of
the count of the privy purse. Cf. Min. Sen., n. 25; CTh. i,
5, n. I; I, 6, n. 33.
1 CJ 7, 41.
2
Ritter io; Brev. 10; CJ 7, 41, 3; Gromatici (Lachm.), p. 243.
8 Each of the Emperors annually designated a consul, and they

frequently nominated themselves. It was unusual for anyone but
the Emperor to have the title of Designate, but cf. CJ I, 14, 7; 2,
7, 9.
4 owner, M.-M.
5 Sirm. i, n. 3.
NTh
21*1
alluvial lands of the Nile, but what We promulgate is salutary for the world and for all the provinces. We sanction
by this law which shall be valid forever that those lands
that are acquired by landholders through alluvion shall
neither be sold by the treasury nor petitioned for by any
person whatever, and they shall not be separately assessed
nor shall compulsory public services be exacted of them.
Thus We shall not appear to disregard the disadvantages
of the alluvial lands nor to impose a regulation that is
hurtful to the landholders.
3. In a similar manner, We grant that those lands which
appeared formerly to have been assessed as swamps or pasture lands, if they have now been transformed by the
expenditures and labors of their possessors to fertility and
fruitfulness, shall neither be sold nor petitioned for, they
shall not be assessed separately as fertile lands, nor shall
compulsory public services be exacted of them. Thus the
diligent shall not grieve that they have given their labors
to the cultivation of the land, nor shall they learn that their
diligence is a loss to them.
4. We decree that rash violators of this law shall be
punished by a fine of fifty pounds of gold. Among these
must be considered the office staff also of your exalted office if they should suggest that anything of the kind should
be arranged or if they should draw up the requests of a
petitioner, 0 Cyrus, dearest and most beloved Father.5
by posting edicts shall command this law to be brought to
the knowledge of all, since because of the report of Your
Eminence this regulation was not only admitted but also
was lauded.
Given on the eleventh day before the kalends of October at Constantinople in the year of the fifth consulship of Our Lord Valentinian Augustus and the consulship of the Most Noble Anatolius.
-September
21, 440.
By this law it is sanctioned that if a

river should gradually transfer its channel into another
part, it acquires the land for that person to whose boundaries it is recognized that the river has brought the space
of land. No person shall dare to vindicate, as fiscal property, this property which has been acquired by landholders
by the aid of the water, and no person shall enjoin tribute
upon such property. If any person also should drain swamp
lands by his own zeal and should convert them to usefulness and fertility, the person who thus cultivated the property shall similarly possess it by perpetual right without
tax assessment, and no person shall dare to petition for
such property from Our Munificence.
INTERPRETATION:
TITLE 21: SCHOLARIANS, COUNTS OF SCHOLARIANS, AND THEIR CONFIDENTIAL ADVISERS' (DE SCHOLARIBUS ET COMITIBUS
SCHOLARUM ET DE DOMESTICIS EORUM)
Phlegetius, Master of Offices.
The devotion of Our scholarians which was approved by
Our Fathers has been distinguished especially in their
affection for Our Serenity. Hence We believe that whatever
is requested to cherish and preserve their privileges should
be immediately admitted. Therefore We approve the report
of Your Eminence,2 and We deny to the Respectable counts
I Ritter 29; CTh 6, 13; CJ I, 31, 3; 12, 29, I.
2 Not extant.
E 5os ]
N Th
21*1
Scholarians, Counts of Scholarians, and Their Confidential Advisers
of the scholarians the right to flog or to reduce in rank

their senators and ducenarii.' For it is Our will that those
deeds that are worthy of such action shall be referred to
the knowledge of Your Sublimity.
i. We decree that their confidential advisers also shall
be created from the grades of rank designated by the past
law,2 but not their senators,' or ducenarii or centenarii.3
2. We direct that the provisions which Your Excellency
has established for the enforcement of the above regulations, by providing a penalty against rash violators of the
statutes, shall be valid through the authority of that law2
also, namely, that if any person from the aforesaid grades
of rank should enter upon the undue office of confidential
adviser, he shall be smitten by a fine of five pounds of gold;
the bureau of barbarians 4 shall be smitten by a fine of ten
pounds of gold if they should permit any such thing to be
attempted or if they should not report anything that had
been attempted contrary to the law; the Respectable count
of the scholarians also shall be smitten with a fine of five
pounds of gold if he should commit any action contrary
to this law or if he should allow it to be committed. We
also decree that if any person should attempt in any manner
to aspire to the office of confidential adviser contrary to
the prohibition, after payment of the five pounds of gold,
he shall also not undeservedly be expelled from the imperial service.
3. The following provision also must be observed, not
without reason, namely, that no persons to whom We have
decreed that the office of confidential adviser is forbidden
through their rank in the imperial service or for the time
limits of a five year period, shall be able to usurp the prohibited office under any other name by a pretended familiarity with the Count, 0 Phlegetius, most beloved Brother.'
4. Therefore Your Illustrious Authority shall command
to be brought to the knowledge of Our most devoted
scholarians this law which shall be valid forever.
Given on the fifteenth day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Cyrus.April 17, 441.
TITLE 22: THE GOODS OF DECURIONS AND

THEIR NATURAL SONS WHO MUST BE SENT
INTO THE MUNICIPAL COUNCILS AND
WRITTEN AS THEIR HEIRS (DE BONIS DECURIONUM ET DE NATURALIBUS FILIIS EORUM IN CURIAM MITTENDIS HEREDIBUSQUE SCRIBENDIS)
i., Emperors Theodosius and Valentinian Augustuses to
Apollonius, Praetorian Prefect.
By no profession of virtues and by no other circumstance are men linked to God more than by willing generosity. For when the human race is made more prosperous by
the outpourings of benefits, We believe that the Divine
benevolence, whence all hope of recompense is awaited, is
obligated to Us. But if any man should injure a person
2 Not extant.
3 senatores et ducenarii,high ranking members of the scholarians.
4 Reading scrinium barbarorum with the mss.; a special bureau
dealing with problems connected with the barbarian mercenaries in
the Roman army, RE; or reading barbaricariorumwith Ritter, guild
of armorers. CJ 12, 29,
1;
12, 20, 5; Not. Dig. Or. ii.

1 Ritter Ii; CTh 5,
2;
4, 6; Brev. II, I; CJ 5, 27, 3.
who has deserved well of him, he shall lose the love of all
men, which his generosity has gained, and he shall necessarily be condemned as an ingrate by the common hatred
of all.
i. Your present report declares that Your Excellency
has been disturbed by the harshness of such a very unjust
situation and that you have requested a remedy from Us.
For often many persons who do not derive the birth
status of the decurionate from the lot of their ancestors, of
their own will and by the generous purpose of devotion
have considered it a distinguished thing to endow their
municipalities with magnificent gifts and benefits. Others,
even when no necessity for constructing a public work
was incumbent upon them, have exalted their municipality
with the various adornments of buildings. This desire to
improve their municipalities should be extolled with the
highest praises and commendations, but it has involved
some persons in the burdens of decurions, others in the
toils of investigations. 2 Thus, a thing which is beyond all
indignation, a person is compelled to render an account of
his own generosity, even though he would not have rendered an account of his luxury. If this situation should not
be remedied by a prudent regulation, how many will there
be who will be so heedless of themselves and their own
welfare that they will be willing to exercise generosity in
constructing public works, if the investigator threatens
them; or who will glory in conferring some gift, when
that which had been a gift now begins to be an obligation?
Finally, who would love his municipality so much that
when he is permitted to enjoy his wealth without disturbance, he would purchase uneasy want by the loss of
his patrimony?
2. Wherefore, first of all We make wise provision for
the municipalities themselves, since it is Our will that they
shall not be debarred from the benevolence of their citizens,
and We decree by the very salutary issuance of this eternal
law that if any person who is not subject to such a burden,
of his own will should perform any service or bear any
honor' in any municipality whatever, either himself or
through another person, he shall incur no prejudice to his
status from such voluntary generosity, nor shall he be obligated to the reckoning of an investigation. 2 For in this
manner, when that service is furnished voluntarily which
would be avoided if it were threatened as a necessity, the
grateful will not repent of their benevolence toward their
municipalities and no excuse will be left for the ungrateful.
3. Since your accustomed foresight in human affairs so
recommends to Us, We believe that We must make wise
provision for the following situation also, wherein as much
favor and honor are derogated from natural and debased
offspring as are granted by the support of the laws to
legitimate offspring. For although some rather severe laws
and some rather humane laws4 have been issued in regard
to such natural children and their succession to paternal
property, no law has spared them to the extent that it
placed children conceived by such a lot in the place of others whom the law had found to be next of kin by the bond
2discussiones, the official investigations that were required at the
completion of the construction of any public work, when the builder
rendered an account of all receipts and expenditures.
3 honor, office, honor; the municipal offices were expensive and
burdensome honors.
4 CTh 4, 6, 7.
E 5o6 I
The Goods of Decurions and Their Natural Sons

of nature.s But We, from whom some wise provision for
the human race is always accustomed to proceed, in order
that such children may be aided, perceive that by one and
the same most salutary sanction We should come to the
aid of both the condition of these children and the interests
of the municipal councils. Thus when the ignoble condition
of natural children demands a more honorable fortune and
the nobility of the decurions demands an increased number,6
the welfare of both groups shall be weighed in common,
and each shall bestow on the other what the other lacks. A
law that is most moderate in all respects shall be established,
which shall console the fault of nature' by imparting high
rank and shall protect the dignity of the municipal senates
from scarcity of members.
4. Therefore by this promulgation which shall endure
perpetually, We decree that if offspring of both legitimate
and of natural children should belong to any person, the
authority of the ancient constitutions shall be preserved
inviolate, and no rights of the lawful and legitimate progeny
shall be decreased by any diminution.
5. But if any man, after the loss of his parents, should
obtain only natural offspring and not also legitimate ones,
whether he himself should be free from or obligated to the
bonds of the municipal council, We grant to him the unrestricted right to deliver his children, either all of them or
those children or that child whom he should prefer, to the
municipal council of that municipality whence he originates,
and to write such children as heirs to his entire inheritance.
6. But if the father of natural children should fulfill the
duty of life and his parents should survive, in consideration
of their statutory degree of kinship, We preserve a fourth
part of his goods whole and intact for the father or mother,
or the grandfather or grandmother. Thus if any of them
should either be passed over7 or should obtain less than
was due to him according to the laws, he shall be granted
the right to institute a complaint on the grounds of inofficiosity in accordance with the order of the law. We believe that such persons are neither injured nor offended
by this Our regulation. For nothing is thus diminished
from their right, since, if the lot of the inheritance should
be transmitted to any heirs whatsoever, they would not be
able to vindicate" anything more from the property of their
children or grandchildren beyond the aforesaid amount;
unless perchance it should be resented by the parents that
persons united to them by nature, although they are separated by law, should be preferred to persons who are completely extraneous9 and that those persons should be sharers
of the property whom they acknowledge as sharers of their
blood.
7. But if perchance natural children should be born to a
person who does not originate in a city, but in a village or
in any landholding whatever, and if under the aforesaid
regulation he should wish to honor such children by the
glory of the municipal council and to assist them by the
resources of his inheritance, they must be assigned to the
5 naturae conjunctio, an unusual expression to denote the bond
of law. The Emperor, or his quaestor who drafted this law for
him, may be thinking of "natural law" which is a vague term and
one that has led to much confused thinking. Cf. "the fault of nature," at the end of the paragraph.
6 Of decurions who will help bear the burdens of the municipal
council.
7 In the will of the father of such natural children.
8 defendere.
9 Who might be named as heirs in a will.
NTh
22-1
senate of that municipality under which that village or

landholding is assessed.
8. But if he should obtain as his municipality one or the
other of the Regnant Cities,' 0 he shall be free to attach the
offspring begotten of an unequal union" to the decurions
of any municipality whatever, provided only that the municipality which is thus chosen shall hold the first place
in the whole province. For it is unseemly that a person who
glories in the richness of the most sacred Cityo should not
glorify his natural children by the senate of an illustrious
municipality.
9. Whether a father designates such provisions by his
last will or confers on his natural children a gift of any
amount whatever, after due consideration of his parents,
it is Our will that what he established about their undertaking the lot of decurions, either by testament or by the
trustworthy evidence of the public records, shall be so
ratified and firmly observed that if such natural children
should wish to evade the fortune of the decurionate, either
by abstaining from the inheritance or by refusing the gifts,
and if afterwards they should be found to be the possessors
of the paternal resources either wholly or in part, even
though they should alienate such property, they shall be
compelled in every case, even against their will, to enter
upon the condition in which their father wished them to be,
with such increased resources, 0 Apollonius, dearest and
most beloved Father. 12
10. Therefore Your Illustrious and Magnificent Authority by posting edicts shall accomplish that the regulations
which We have sanctioned shall go forth to the knowledge
of all the subjects of Our Empire.
Constantinople in the year of the consulship of Eudoxius and Dioscorus.-December 6, 442.
INTERPRETATION: If any man should have legitimate
children and should also have natural children, this law
establishes that what was established in the Theodosian Corpus13 shall be observed, namely, that if the legitimate children should survive him, the father may leave one eighth
of the inheritance to the natural children or their mother,
if he should so wish. But if he should not have legitimate
children and should have natural children and should perhaps wish to make them his heirs, he cannot otherwise do
so unless he first joins them to the group of a municipal
council under the attestation of the public records, and thus,
if he should so wish, he can transfer to them his entire
property either by gift or by writing them as heirs in his
testament. But a fourth of such property shall be especially
reserved for the father or mother, or the grandfather or
grandmother, since an action is available to them against
an inofficious testament. Whether such a decedent should
be a decurion or free from the municipal council, he is
permitted by the ordinance of this law to bestow this inheritance upon his natural children, provided that he shall
establish his natural children as decurions in that municipality in which he lives or in who-se territory he lives. But if,
as often happens, he should have landholdings or his residence in two provinces and should wish to make the children decurions in his own municipality, this law permits
that the father may have the power to institute his natural
10
Rome or Constantinople.
11 Natural children, born to him from an unwedded mother, or
from a woman of lower status.
12 Sirm. I, n. 3.
13 CTh 4, 6, 7; Nov. Th. 16, n. 8.
C 507 ]
NTh
22-1
children as decurions in whatever province he may choose,

provided only that it should be in the metropolitan municipality.
2." The same Augustuses to Apollonius, Praetorian Prefect.
Almost nothing is devised for the welfare of the human
race which is not converted by the clever plans of men
into fraud and malice. For some decurions, f or whose group
it is always Our will to make wise provision, consider that
their advantages are aided too little by Our special grants
of imperial favor, unless they abuse them, to the disadvantage of others. But since it is innate in Us to help all
and to harm no one, just as We think that provision must
be made for their welfare, so We also consider that their
frauds must be resisted. For such is the effect of this most
expeditious sanction that, while it provides for some, it
does not diminish the rights of others.
i. We call to mind, indeed, that by a divine imperial law15
that was recently issued We assigned to the groups of the
municipal councils a fourth of the property of decurions
who have fulfilled the duty of fate, if by any last will whatever or even on intestacy their property should be conferred
upon any person, except upon their children. But many
heirs, as though they had seized an opportunity for ruining
the whole patrimony, vindicate for themselves a small part
of each piece of property of the inheritance and thus so tear
apart the whole property that, while they desire to harm
the sharers of the resources that have been left, they destroy
their own rights also.
2. By Our prudent regulation We check the excessive
license of such persons, and We deny even to decurions the
right on their own authority to seize the property of a deceased person. But We grant to the heir upon whom the
inheritance devolves on intestacy or by a last will, either by
direct words or as a trust fund, the option as to whether he
wishes to offer to the municipal council the estimated value
of a fourth part or to divide the whole patrimony that has
been left into four parts, in accordance with his own wish,
so that the entire property shall be assigned to a drawing
of lots and to chance, and by such condition of chance the
choice of one fourth shall fall to the municipal council or
the choice of three fourths shall fall to the heir or the fideicommissary for the entirety of the property.16 Thus, of
course, the aforesaid successors and the municipal council
shall be f reed from the disadvantage of the common ownership of property. It is a natural fault, of course, that property which is possessed in common should be neglected, so
that a person thinks that he has nothing if he does not have
the whole of a property. Finally, while he is envious of the
portion of another, he allows his own portion also to be
ruined.
3. But when a fourth part of the goods of a deceased person must be conferred upon the municipal council, We grant
that the immovable property, which cannot easily be hidden
and the disclosure of which does no harm, shall be appraised and divided in the sight of the decurions also. The
movable property, moreover, and the self-moving property
and the equipment or whatever else consists in such a right,
We do not permit to be brought into public and revealed,
but We decree that the successors must be believed under
oath, when they have carefully estimated among themselves

what property there is and how great is its value. For what
is so harsh and so inhumane as that, by the publication and
display of family property, the humiliation of poverty
should be revealed or riches should be exposed to envy?
But in the exaction of debts, if the successors should be
unwilling to pay the price which is available to the municipal council for its right of action for its fourth part, the
written acknowledgments of debt shall be produced in public with sworn fidelity, and each person shall exact from
the debtors the amount due under the action which is available to him. On the other hand if the deceased had been
obligated f or a debt to any person, the aforesaid successors,
as well as the municipal council, shall be compelled to repay
the debt in proportion to their own share.
4. But if the successors often mentioned should suppose
that they should be excused from taking oath, then indeed
in the same manner as in the case of the immovable property, a more careful examination of all the property shall
be granted to the decurions, in such a way, of course, that
all the property of the deceased shall be produced in public,
and either an appraisal or a division of the property, as
the successors may choose, shall be duly conducted in the
presence of the decurions.
5. In all cases, moreover, when a fourth part is available
to the municipal council, We decree that the compromises
that have been interposed shall remain valid and inviolate.
6. But We order that to the number of the children to
whom We have decreed that the entire property should
come, shall be added a son, grandson, great grandson,
father, grandfather, and great grandfather, if they belong
to an origin of the male sex," even though they may be
alien to" the municipal council, so that if the property
should devolve upon these persons also by a last will or
on intestacy, such property shall not be decreased by the
diminution of any part.19
7. We sanction, furthermore, that a daughter, granddaughter, or great granddaughter who has been married to
a chief decurion of the aforesaid municipality, whence her
father, grandfather, or great grandfather originated, shall
have the ownership, entire and undiminished in any part, of
property that was acquired on intestacy or by a provision
of a last will.
8. But if after the death of their parents, such women
should be found to be unmarried or widows, in the case of
those below the age of puberty, after they pass the age of
puberty, in the case of others who have already passed the
age of puberty, or even in the case of widows, it is Our will
that they shall wait for a period of three years after the
death of the parents, with the provision that in the meantime their fourth2 0 shall be suspended; or if one of these
women should be married to a decurion of the aforesaid
municipality, such fourth shall remain in her ownership by
perpetual right. If within that period of time she should obtain a husband who is alien from the aforesaid municipal
council or if she should not be married at all, the aforesaid
part shall be awarded to the municipal council, together
with the fruits thereof, for the three year period, of the
urban as well as the rustic landed estates; provided, however, that the requirement of a choice shall be preserved
Are agnates, descended through the male line.
18 And thus not obligated as decurions.
19 such property shall enrich them without the diminution of
any part, M.-M.
17
14 Brev. i1, 2; CJ 5, 27, 3; 10, 35, 2;

15 CJ 10, 35, i, issued
16 per universitatem.
in 428.
so8
10, 36,
1.

in offering a fourth part 20 of the property or the price
thereof and that the requirement of an oath shall be preserved with regard to the amount as well as the estimated
value of the movable property and with regard to bringing
or defending actions, just as has been said in the case of
extraneous persons. The other matters, of course, which
are contained in the constitution issued1 5 with regard to this
subject, shall remain valid.
9. If the mother or grandmother of a deceased person at
the time when her son or grandson dies, should be found to
be married to a decurion, We do not allow even these women
to undergo the loss of their fourth portion.
10. Furthermore, We free from the loss of the aforesaid
portion an extraneous heir, who is separated, indeed, from
the right of kinship with the deceased, but is nevertheless
obligated to the municipal council of the aforesaid municipality.
ii. We make wise provision for the feminine sex not
only by this regulation, but also by this addition to the law:
for indeed We command that in the same manner as in
the case of natural sons who have been dedicated by the
decision of their fathers to the lot of the decurionate, if a
natural daughter also has been received in marriage by a
decurion, and if, however, no legitimate offspring should
belong to the father and if it should seem best to the will
of her father, she may obtain all her father's property by
title of gift or may be written as heir to his entire inheritance; provided, however, that the arrangement for the
parents, to whom a fourth of the patrimony must be left, 20
and for the places from which the chief decurion is chosen
as son-in-law, shall be preserved according to the general
rule of the constitution recently issued.15 For what difference does it make whether provision is made for the
welfare of the municipalities through sons or through sonsin-law, or whether the law makes new decurions or cherishes the ones whom it finds?
12. We have been moved by the report of Your Excellency, and with a new interpretation We dissipate another
obscurity in regard to the affairs of decurions. In the first
place, We free the elders and their posterity, even though
they should not be decurions, from the burden of the tax
assessment of four siliquae, 2 1 which We order to be levied
only upon gainfully acquired tax units of land, not the
assessments that consist of human beings 22 or of animals,
nor upon movable property. Thus if a father, grandfather,
or great grandfather should bestow anything from his property upon his son, grandson, or great-grandson, or upon his
daughter, granddaughter, or great-granddaughter-it does
not make any difference whether she is married to a decurion or not-whether any of such property was bestowed
by his last will, or even by a gift during his lifetime, the
levy of the aforesaid assessment shall cease. Conversely, if
such descendants should bestow their property by the
aforesaid titles upon their elders who are bound to them
by the aforesaid consanguinity, their generosity shall not
be burdened by the accession of any encumbrance. For thus
a natural debt is paid under the title of such generosity to
persons who are akin and closely bound to them.
13. We sanction that the authority of this law shall be
equally valid, even if the aforesaid persons who are bound
to each other by the order of kinship should succeed to the
20
As mentioned above.
twenty-fourth of a solidus, CTh 12, 4, I; NMaj 7.
22 Such as coloni.
21siliqua, one
NTh
22*2
inheritance on intestacy. For in the case of such successions

especially, the payment of a debt rather than the bestowal
of a gift is proved, since such successions are conferred not
by the generosity of owners but by the very connection of
kinship. But all other persons, although they may be joined
to each other by some kinship, nevertheless shall never
gainfully acquire the landed estate of a decurion without
the aforesaid burden, unless perchance the person to whom
the property came as gain should be bound to the municipal
senate of the aforesaid municipality. Although he should
be numbered among extraneous persons, he shall nevertheless obtain what was given, and it shall be free from that
compulsory public service. For since the condition of the
person is not changed, not even the status of the property
shall be changed.
14. But it is Our will that those properties shall be called
gainfully acquired and shall receive the burden of the aforesaid tax assessment only if they devolve upon some person
by the right of an inheritance, of a legacy, of a trust fund,
by a gift made in contemplation of death, or by the decision
of any last will whatever.
3
15. A gift between the living2 which was made in simple
generosity shall obtain both the name and the burden of
property that is gainfully acquired. But if either a future
father-in-law should make a gift to the betrothed of his
son, grandson, or great-grandson, for the purpose of uniting the marriage, or if a parent also should give a dowry
to his daughter, granddaughter, or great-granddaughter
who is marrying a decurion or an extraneous person, 24 although by the outcome of events the property of the person to whom it was given should be converted to gain, such
gift shall not be numbered among properties that are gainfully acquired and shall not be subject to the burden of
the tax assessment. For it is not the best legal principle to
overload marriage also with extraordinary burdens, since
it is overwhelmed by so many and so great difficulties of
its own.
16. But if any property should once obtain, for the
aforesaid reasons, the name and the origin of gainfully
acquired property, even though it should pass from the
ownership of the person who received it to another, by
the right of purchase or of any contract whatever, without
doubt such property shall be transferred with the aforesaid burden of the tax assessment. Thus the person who
knowingly received such burdened property shall either assign the blame to himself, or if he was not aware of such
burden, he shall obtain from the seller what was to his interest.2 5 On the other hand, if the property should escape
the name of gainfully acquired property by the institution
of any contract whatever, and if such property should afterwards, under the title of gainfully acquired property, fall
to the ownership of any person, it shall escape the burden
of the aforesaid tax assessment. For no occasion for combining such property26 shall intervene in cases of this kind
if, in accordance with the institution of the title, the later
outcome of the property should also be formulated,'2 7 unless
perchance the property of a decurion, which came to him
by the right of buying and selling, should be transferred
inter vivos.
One not connected with a decurion family.
25 Compensation for all damages suffered.
26 That is, of combining property once belonging to a decurion
with property coming from any other source.
27 As property subject to the obligations of a decurion.
23
24
E 509 1
NTh
22*2
to another by his last will or on intestacy or by a gift between the living. For then because such property devolved
2
once for all upon such principal person,"
no account of
the earlier titles shall be considered, but it shall obtain the
condition and burden of gainfully acquired property, 0
Apollonius, dearest and most beloved Father.12
17. Therefore Your Illustrious and Magnificent Authority by posting edicts according to custom shall command to
come to the knowledge of all the sanction of Our Clemency,
for it is Our will that it shall be perpetually observed.
Given on the seventh day before the ides of March at Constantinople in the year after the consulship29 of the Most Noble Dioscorus
and Eudoxius.-March 9, 443.
INTERPRETATION: By this law decurions are not prohibited from making testaments, but they shall so make
them that they leave to their legitimate children, if they
should so wish, their entire property, without any diminution. But if legitimate children should be lacking, they shall
be permitted to write as heirs any persons whatever, even
though they are extraneous to the municipal councils, but
in such a way that the heir, who does not owe his status
to a municipal council, shall immediately refund to the
municipal council, without any diminution, one fourth of
the inheritance which he has received. But if the person
who was written as heir should wish to have the entire
inheritance, for the fourth part which is assigned to the
municipal council he shall not delay to give the price, as
much as it is worth. Fields, houses, and any property that
cannot be concealed shall be evaluated by a common appraisal. In regard to the residues" of the property, that is,
whatever can be concealed, the person written as heir shall
give his oath to the municipal council, and he shall pay the
price of such property, according to good faith. If he should
be unwilling, all the property shall be produced, and the
heir shall vindicate three parts thereof, and the municipal
council the fourth part. With regard to the written acknowledgments of the debts that are owed to the decurion
testator, in a similar manner a division shall be made; of
the debts that the decurion testator is proved to have owed,
the heir shall pay without delay to the creditors three parts
and the municipal council, the fourth.
Pacts that have been made between the heir and the
municipal council about the division of the inheritance shall
remain valid.
But if sons, grandsons, and great-grandsons should succeed their grandfathers and great-grandfathers through the
male line of succession, whether they should be written as
heirs or should succeed on intestacy, they shall not, in the
name of the municipal council, entirely forfeit their fourth
of the inheritance which was due to them or which was left
to them, whether they should be decurions or should be free
from the municipal council. Also the daughter, granddaughter, or great-granddaughter of a decurion, if she
should be joined in marriage to a decurion of the same
municipality, shall succeed on intestacy to the entire inheritance of her grandfather or great-grandfather. If he
should make a testament and should leave these persons as
heirs, they shall not be compelled to refund a fourth portion
of the inheritance to the municipal council. But if a daughter, granddaughter, or great-granddaughter should be left
as heir by her father, grandfather, or great-grandfather
personam principalis.
29 Nov. Th. i, i, n. 29.
30 Reading residuo with M.-M. The ms. has praesidio, furnish28 in
ings, equipment, movable property.
while she was in her minority or a widow, after she has

reached the years of puberty, she shall wait for a period
of three years. Thus if she should marry a decurion of that
municipality, she shall possess without any diminution the
entire inheritance, just as it was due to her or was left to
her. But if she should marry a man who owed nothing
to the municipal council, she shall restore to the municipal
council, without any dissimulation, a fourth of the inheritance, together with the fruits thereof from the day of the
death of the author of her right. If she should wish to remain without a husband, in a similar manner she shall
return to the municipal council a fourth of the inheritance,
together with the fruits thereof. But if she should prefer to
hold the property which was left to her by her parent, she
shall make an oath in regard to the amount of the inheritance and shall immediately refund in money to the municipal council a fourth of the inheritance. However, if a
mother also, or a grandmother, should have a decurion as
husband, this law does not order that the municipal council
shall take away a fourth of the inheritance of her deceased
son or grandson, which had been acquired by her. For if a
decurion should write as his heir any extraneous person
who is nevertheless a decurion, such an heir also shall not
refund a fourth, because he is a portion of the municipal
council itself.
Also if a decurion should not have legitimate children
and should have natural children, and if he should wish to
join them to the municipal council and to write them as
heirs or to confer on them his own substance by gift, he
shall have the power to do so. If a natural daughter also
should marry a decurion, her father shall be permitted to
give or to leave to her his own property, on the condition
that he shall in no wise pass over his father or mother or
those persons to whom an action is available against an inofficious testament, but he shall reserve for them the portion that is due to them by the laws, either at the time of
donation or at the time of his death, that is, one fourth.
TITLE 23: IF PARCELS OF LAND BELONGING
TO A MUNICIPALITY ARE POSSESSED IN
ANY MANNER, THEY MUST BE RESTORED
TO THE MUNICIPALITY
(DE LOCIS REI
PUBLICAE QUOQUO MODO POSSESSIS CIVITATIBUS RESTITUENDIS)
Apollonius, Praetorian Prefect.
Since with the highest zeal and with Our whole strength
We strive that the municipalities which are subject to Our
sway shall live in perpetual felicity, We consider that nothing is so unjust and so inconsistent with Our times as that,
when it is Our will that the municipalities should be aided
by extraneous support, We should allow them to be denuded
and despoiled of their own resources. Wherefore, when for
the sake of a vow,2 We were making a passage through the
municipality of Heraclea,3 We were moved to great compassion by the petitions of the citizens of the aforesaid
municipality, who requested that care should be given by
1 Ritter 30; CTh 10, 3, I. Many municipalities owned lands from
which they received an income that was applied to their expenses.
2 Apparently undertaken in connection with the quinquennalia of
Theodosius in 443, to celebrate the thirty-fifth year of his reign.
3 Probably to be sought in the eastern part of the Empire, though
Ritter contends that it was the Heraclea that is situated in Thrace.
C 510 ]
Corrupt Solicitation; Lands of the Border Militia

Our provisions to their walls as well as their aqueduct, and
also their other public works, on the ground that they had
been neglected for a long time. Since often a remedy requested by one municipality or one man customarily occasions a general rule for correction of wrong, We agree to
their requests, and We consider that Our generosity must
be extended to all provinces. For vows are especially effective at a time when wise provision is thereby made for the
condition of the State, which is the cause of vows.
i. Therefore for a long time now We have revolved in
Our mind all Our plans, and We find no more salutary reason for recalling Our former felicity' than that there should
be assigned to all the municipalities the urban landed estates
as well as the rustic ones and the shops which belong to
municipal ownership, which have been detained by certain
persons in any manner whatever within thirty years, to be
counted back from the present time. Of course, only those
properties shall be excepted which have been sold by a
procurator of the divine imperial household or by the Illustrious count of the privy purse on the order of Our Clemency or by the common agreement of the municipalities,5
and with the interposition of a written document. No persons, therefore, except the municipalities, shall suppose that
hereafter they must possess any property of the aforesaid
ownership, and it is Our will that the municipalities shall
enjoy their own resources. Thus no one shall oppose the
purpose of Our Piety, which We believe has come by
Divine guidance into Our mind.
2. Indeed, We believe that after Our regulations have
been published, no person will be so heedless that he will
consider that he should contravene Our regulations. But
because almost nothing is so safe and inviolable that the
natural greed of men does not ever consider that some effort should be made against it, We delegate the consummation of the whole matter to Your Magnitude and to the
Illustrious master of offices since We have often learned
your foresight and your love for the welfare of the State
by the very proofs of events, and his administration has
been well approved by Us, 0 Apollonius, dearest and most
beloved Father."
3. Therefore Your Illustrious Authority shall certainly
know that this cause and the effectuation of this regulation
are so dear to Our heart that We place them before almost
all other things, and by the posting of edicts you shall command to come to the knowledge of all the provinces the
things which We sanction through this divine imperial law,
that they may be fulfilled in all respects with the greatest
expedition.
Given on the eleventh day before the kalends of June at Aphrodisias in the year of the second consulship of the Most Noble Maximus and the consulship of the Most Noble Paterius.-May 22, 443.
TITLE 24: CORRUPT SOLICITATION; THEIR

PARCELS OF LAND MUST BE RESTORED' TO
THE SOLDIERS OF THE BORDER MILITIA
WHO ARE STATIONED THERE (DE AMBITU
ET LOCIS LIMITANEIS INIBI REDHIBENDIS)
4 The prosperity of former times, the "good old days."
5 of the citizens, M.-M.
6 Sirm. I, n. 3.
1
Ritter 31; CJ I, 31, 4;

15; 9, 26.
P. 273; CTh 7,
1, 46,
4; II, 60, 3; Gromatici (Lachm.),
NTh 24-1

Nomus, Master of Offices.
Since almost nothing is so unimportant that it does not
obtain the greatest forethought from Our Clemency, We
consider that especial care must be bestowed upon the borders, by which the whole State is especially protected. For
when We have attended to this one matter most diligently,
We shall free Ourselves from Our solicitude over many
matters, and We shall not be compelled to employ a medicine f or each case if We cure them all with a general
remedy.
i. In the first place, therefore, it is Our will that on the
borders, and especially on those that are approached by the
tribes against whom We must be especially on guard, by
the decision of Our Clemency those dukes shall be promoted
whose integrity, fortitude, and vigilance are commended by
the approved evidence of events. The desire for corrupt
solicitation must, of course, be extinguished by capital
punishment. We command that each duke, therefore, who
Our esteem has decreed should be promoted, as has already
been said, shall in general remain on those same borders
and shall restore the soldiers to the ancient number, under
the strict supervision of the master of soldiers,2 and shall
devote himself to their daily training. Furthermore, We
entrust to such dukes also the care and repair of the camps
and the river patrol boats, according to the ancient regulation.3
2. To these dukes, together with the commandant' and
the provosts of the camps, as a recompense for their labors,
We assign a twelfth part of the subsistence allowance of
the border militia only, to be distributed among them, of
course, by the decision of the master. 2 But from the annonarian subsistence of the Saracen allies and of other
tribes,5 We grant that such dukes shall have absolutely no
right to abstract and appropriate anything. They shall know
clearly that if they should dare to usurp anything further
than that which has been established for them in accordance
with Our authority, as violators of the sacred imperial
funds, they shall sustain the penalty of the sword, and
their resources shall be assigned to the borders, by the
regulation of Your Excellency. Those persons also who give
themselves as accessories and accomplices of so great a
crime, or rather, betrayal of the State, shall be subjected
to an equal punishment, and they shall have no escape, no
hope of safety by means of Our sacred annotation or by a
pragmatic law or divine imperial mandates.6
3. Moreover, We trust that the Illustrious masters of
soldiers will imitate the previous integrity of their administration,7 and that in the future also they will refrain
from all extortion of the border militia and of the allied
tribes, and that they will prohibit their office staffs from
such practice. But if anything of this kind should be per-
x4 magisteriae potestates.
' CTh 7, 17, I; CJ I, 46, 4.

princeps. His functions are uncertain. He may have been the
commandant of a camp or of a legion.

I Many foreign tribes were employed as mercenaries in the Roman
army. The Roman Emperors assigned funds for their support but
the Roman bureaucracy often embezzled the funds. Such graft was
a continual threat to the very existence of the Empire and was the
chief cause of the battle of Adrianople in 378, one of the most
disastrous defeats ever suffered by the Romans. Cf. 2, 29, n. i.
6 Min. Sen., n. 25.
7 The Emperor can only hope for good administration, since his
subordinates usually succeeded in evading punishment for maladministration.
51s"
NTh
24.1
Corrupt Solicitation; Lands of the Border Militia
petrated, We command that the apparitors who obey them

shall assume the payment of a quadruple fine, which shall
be assigned to the aforesaid borders. For there is no doubt
that this regulation is also agreeable to the most eminent
masters of soldiers themselves, who have always scorned
all their own advantages for the safety of the State. For
who doubts that those men will place the common welfare
before their own riches, who by their strenuous defense
and their warlike conflicts, have often preferred Our Empire to their own blood? Of course, all who attempt to
perpetrate this wicked and illicit crime," shall be deprived
of the assistance of Our sacred annotation as well as that
of a pragmatic law and Our mandates, even though they
should perhaps surreptitiously obtain some such thing.6
Thus the declaration, 9 even though it should be admitted,
shall profit absolutely nothing, and if any office staff of a
duke or master of soldiers, or of any judge whatever,
should assent to such a declaration,9 it shall be fined by a
penalty of one hundred pounds of gold. It is Our will that
this sum shall go to the repair-o of the aforesaid borders.
4. It is Our will that the fields of the borders also, together with all the swamp lands and every right of ownership, which according to the ancient regulation the border
militia themselves were accustomed to care for and to cultivate for their own profit, free from every compulsory
public service, shall be held by them firmly and without
any annoyance of extortion, if such fields are being cultivated by them at the present time. If such fields should be
possessed by other persons, the prescription of any space of
time whatever shall cease for all such holders, and it is Our
will that such fields shall be vindicated to the aforesaid soldiers and shall be assigned to them without any burden at
all of tax payment, as was anciently established." In such
cases, the same severity of punishment as was published
against the greed of the dukes shall be valid against those
persons who attempt to contravene Our regulations. For 2
if any person perchance should obtain possession of the
landed estates of the aforesaid ownership under the title of
purchase, a thing which he must not dare to do, the right
of action which is available to him shall be preserved intact
against the seller.
5. Moreover, We believe that this must be enjoined as a
perpetual responsibility upon Your Excellency, namely,
that annually in the month of January in the sacred imperial consistory, you shall take care to indicate to Us by
your own report, how the number of soldiers is faring and
how the care of the camps and of the river patrol boats of
the borders of Thrace as well as of Illyricum, and also of
the Orient and of Pontus, and in addition, those of Egyptian Thebes and Libya, is proceeding. Thus when the industry as well as the indolence of each person is made
known to Our ears, the diligent may obtain worthy rewards, and suitable indignation may be visited upon the
pretenders. For We believe that if military affairs should
be observed in the manner in which We have decreed, in
whatever lands the enemy should attempt to move himself
against us, a victory which is propitious to Us, according
8 Of extortion.
9 The reference seems to be to the filing of an imperial annotation, pragmatic sanction, or mandate that had been surreptitiously
obtained from the Emperor. Cf. n. 6.
10 Of the fortifications.
,1 CTh 7, 15, I; 2, 23, 1.
12However, M.-M.
to the will of God, will be announced even before the battle,

O Nomus, most beloved Brother. 8
6. Therefore Your Illustrious Authority, whose inviolate
loyalty Our Eternity has proved by actual events, shall
command this general and most salutary sanction of Our
Clemency to be delivered to perpetual enforcement and
execution, and by posting edicts everywhere you shall cause
it to come to the knowledge of all.
in the year of the second consulship of the Most Noble Maximus and
the consulship of the Most Noble Paterius.-September 12, 443.
TITLE 25: QUARTERS' (DE METATIS)

Nomus, Master of Offices.
Since, among the many privileges which ancient provisions conferred upon military men, they also provided for
their lodgings by the allotment of a definite portion of
houses, We, to whom it is familiar to regulate all matters
with appropriate moderation, have been advised by the report of Your Magnitude, and it is Our will that provision
shall so be made for the quartering of military men that
the reverence due to high rank shall nevertheless be preserved for those persons who are endowed with honor' in
the exemption of their houses from compulsory quartering.
i. Indeed, We call to mind that, by Our divine imperial
promulgation,3 We freed from the burden of furnishing
quarters specified houses that were situated in this most
sacred City- and belonged to men of consular rank as well
as men adorned with the insignia of the prefecture and all
other Illustrious men, and also the silentiaries. To this
promulgation We now decree that the provision must be
added that to those consulars who also rejoice in the auspicious rank of patrician shall be granted the right of exemption for three houses each, and also in the case of the heirs
of those persons to whom the right of such exemption has
been given, the privilege of the exemption of houses shall
be firmly valid, in accordance with the tenor of the most
sacred constitution 5 which treats of this matter.
2. But We issue this decree, lest if Our generosity should
be extended more widely than is fitting, either the benefit
of quarters would be denied to persons in the imperial service or no advantage would be conferred on the State. Thus
We decree that it must be established first of all that if any
person should not have the right to exempt his houses or
if, even though he does have such right, either by means of
a sacred imperial response or in some manner he should
have already obtained or should in the future obtain the
benefit of exemption, 6 that is, that he shall be immune from
the burden of compulsory quartering, but for more houses,
however, than has been granted in accordance with the most
sacred constitution,' such person shall be compelled to contribute to the public accounts, in accordance with the judgment of Your Excellency, a tax payment for a third part
1a An honorary title of address, Const., n. 5.
1 Ritter 32; CTh 7, 8; CJ 12, 40, 9.
2 honore praediti, persons of high rank who were as a conse-
quence exempt from the compulsory public service of furnishing

free quarters to members of the imperial service.
3 CTh 7, 8, 16.
4 Constantinople.
r CTh 6, 23, 4.
6 if any person, even though he has the right to exempt
his house,
either by means . . . benefit of exemption and should exercise such
right, M.-M.
E 512 1
NTh 26-1
Landholdings Relieved of Taxes

of each house that was exempted beyond the number which
should have been exempted. Thus the gold which has been
exacted under such title, by the order of Our Divinity,
shall be expended by the care of Your Sublimity in whatever way it seems best to Us. We decree that this regulation
shall be observed in regard to all the houses of this fair
City.' All other persons, of course, who furnish quarters
in their houses, whether they furnish quarters to the quartering masters or should satisfy them in any manner whatever, shall not be compelled to sustain any molestation on
account of their houses, either of a tax payment or of an
investigation.
3. In the second place, it is Our will that no person of
any station or order in this most flourishing City4 shall exempt his own home and vindicate for himself quarters in
the homes of other persons by the privilege of imperial
service.
4. We also bestow the inviolate rights of exemption, as
has been provided, upon those persons, indeed, to whom the
favor of Illustrious rank has already granted exemption
from furnishing quarters, even though they should have
used or should be using the cincture of office of an inactive
imperial service' or the insignia of an honorary prerogative.
But in the future those persons to whom the rank of Illustrious has been granted by an administrative office which
they have held shall exempt their houses in proportion to
the measure which Our most sacred constitution' decreed
should be defined. But We absolutely deny the right to
exempt houses to all other persons upon whom the rank
of Illustrious has been conferred, with or without the cincture of office, as an honor alone.
5. We direct that this regulation of the law shall be observed also in the case of those persons whom the very
status of an administrative office has recognized as having
the rank of Respectable, but who have nevertheless been
rendered Illustrious by an honorary grant of Our generosity. Of course, the Respectable chief of office staff of the
imperial secretaries shall be excepted from this regulation,
since it is Our will that to him shall come the privilege of
the Illustrious magistrates in the matter of exempting
houses.
6. But if any person should already have obtained the
rank of Illustrious among the inactive7 and honorary persons, and if afterwards he should possess a home in this
most sacred City,4 We order that he also shall be alien to
the privileges of exemption of such house.
7. All men shall know that if any person, while he is enjoying the cincture of office, should so impetrate exemption
for his own house that he is also free from the payment
for a third part thereof, and if he should suppose that be-
cause of his imperial service he should vindicate for himself

quarters in the houses of others, and if indeed he should
have been endowed with some honorary rank and should
have the right of exemption, he shall forfeit the privileges
of the laws which he attempted to defraud. But if he should
be numbered among those persons who are supported by
no high rank, he shall be fined by the payment of one hundred pounds of gold, to be paid to the most sacred imperial
largesses, 0 Nomus, most beloved Brother."
8. Therefore Your Illustrious Authority shall duly command to come to the knowledge of all the regulations which
7 vacans militia.
We have considered should be sanctioned through this divine imperial law.

Constantinople in the year of the eighteenth consulship of Theodosiu Augustus.-January i6, 444.
TITLE 26: LANDHOLDINGS THAT HAVE

BEEN RELIEVED OF TAXES, THAT HAVE
HAD THEIR TAXES COMMUTED INTO
MONEY, OR THAT HAVE BEEN CONFERRED
AS GRANTS' (DE RELEVATIS, ADAERATIS,
VEL DONATIS POSSESSIONIBUS)
Hermocrates, Praetorian Prefect of the Orient.

Liberality is complete and full whereby previous munificence is strengthened, and then each person has confidence
that he holds in the greatest security what he has obtained,
if that which was specially granted to each person is confirmed by a general provision. We call to mind that the
landholdings of many persons have been relieved of the
burden of tribute to some extent, by Our special grant of
imperial favor, and that afterwards a certain part of the
amount that had been granted was assessed upon them for
taxes, because necessity demanded it. Therefore, in order
that what was derogated from Our liberality may not seem
to have been an indication of repentance rather than a sign
of the times,2 We are contents with the collection of the
sum that has already been paid in accordance with the tax
assessment and We free them all in the future from the
disquietude of such exaction. Thus the exaction of delinquent taxes for past time is remitted for the landed estates
that have been relieved, and in the future no such tax assessment shall be feared.... For this regulation necessarily
had to be promulgated by Us in this general sanction, since
it is much more burdensome to the landholders to pay at
one time an amount that has been accumulated in a mass
than to render bit by bit what is due as taxes.
i. However, this liberality of Ours diminishes nothing
from the regulation of Antiochus, of Most August memory,
whereby he levied a certain amount, in the name of the
regular tax on the landholdings that had been previously
relieved.4 For that which has already become the regular
tax and must be paid in an annual payment We do not permit to be remitted for the future or for the past. The
opportunity shall be left to no person hereafter to request
tax inspectors for himself only, unless, according to Our
sanction which was issued in reply to the report5 of the
Illustrious Consular, Florentius, such inspectors should be
requested by the common desire of the municipality or the
province.
2. But it is Our will that the remission of the aforesaid
tax assessment shall be observed both for past and for
future time, not only in the case of landholdings that have
, Ritter 33; CTh II, 20; CJ io, 28, I; ii, 59, 17. The Emperors
often granted tax relief and landed estates to their friends and supporters, CTh II, 20; Min. Sen., n. 25.
2 The financial difficulties of the Empire, which were constant.
3 Reading summae ... contenti. Or, reading summam . . . contentionis with M.-M.: in the future We free from the disquietude
of such exaction the sum ... assessment under the compulsion of
forcible collection.
4In accordance with the instructions of the Emperor to him in
430, CTh II, 2o, 6.
6 Not extant.
E 513 ]
Landholdings Relieved of Taxes
NTh 26-1
been relieved of tax payments, but also in the case of those

that have been given, those whose tax payments have been
commuted into money or transferred, or for which any
other name of a new tax assessment has been devised. In
regard to these landholdings no molestation of tax collection shall ever be feared, since We relieve not only their
delinquent taxes for past time, but We decree that also for
the future no innovation or burden shall be imposed upon
them.
3. But if any innovation should have been made after
the administration of Antiochus, of Illustrious memory,
or if any tax levy upon such landholdings should be proved
to have been made, We decree that such act shall become
void and that every innovation or addition shall lack validity. For We recognize that the tax assessment is sufficient
which Antiochus, of Illustrious memory, levied under the
name of payment of the regular tax, for the landholdings
that had previously been relieved or whose taxes had been
commuted into money, or for those landholdings which
had been given or whose tax payments had been transferred. This regulation must obtain its own validity only
in those landholdings, of course, that are recognized as
having obtained such benefits before his administration. But
we grant that no innovation or addition and no contrivance
or regulation that was issued against such landholdings
after his administration shall be valid.
4. But if any person by the authority of Our Divinity or
by the regulations of the Most August prefecture should
receive sterile lands from Our patrimonial farms, under the
promise of paying the fixed regular tax, it is Our will that
he shall possess them firmly by the payment of the aforesaid regular tax only, which the authority of Our Majesty
or the regulation of your Magnificent office has prescribed
must be paid each year. Such lands shall sustain no tax
assessment or addition or innovation in the future, since
it is too absurd that those persons who by Our urging and
that of the Magnificent prefecture could perhaps scarcely
improve the barren and unproductive farms by great labor
and expense or even by exhausting their patrimony, should
accept a burden that was unexpected, inasmuch as they had
been deceived, and that this burden should be demanded
of them, as if by some circumvention. But if they had
previously known that they were going to make such payment, they would not have endured to receive such farms
or even to cultivate them.
5. But just as We have provided with great liberality

for those persons who freed their landholdings before the
issuance of the law, in accordance with the report of the
Illustrious Florentius, it is Our will that they shall be
freed from all fear forever, and thus those persons who
attempted to relieve their landholdings after the tenor" of
the aforesaid constitution shall not gain any advantage.
Wherefore, if any persons should have obtained such
benefit after the issuance of this constitution, they shall
know that it is f ruitless, 7 and that no persons hereafter shall
be permitted, contrary to the divine imperial statutes, to
relieve their landholdings of tax payments or to demand
commutation into money or transfer of their tax payments.
If they should impetrate such request by surreptitious
prayer to the Emperor, We sanction that such a special
grant of imperial favor shall not be valid.
6. Nevertheless, the members of the office staff of your
Most August office shall know that if at any time a recommendation should be presented to Us contrary to this Our
sanction or if they should obey any law or sacred imperial
mandates that by any chance should be issued without such
a recommendation and that are contrary to these pious
regulations, and if they should suppose that any persons
should be exposed as debtors' under such a title, they shall
be punished by a fine of two hundred pounds of gold. For
distress must be removed from all persons in regard to
their own property, since We feel that real joys have come
to them from Our welfare,9 so that they may rejoice no
less in their domestic advantages than in Our welfare, 0
Hermocrates, dearest and most beloved Father. 0
Therefore, Your Illustrious and Magnificent Authority
by duly posting edicts everywhere shall cause to come to
the knowledge of all the things which We have established
through this most salutary law for the advantage of many
people.
Given on the third"l day before the kalends of December at Constantinople in the year of the eighteenth consulship of Theodosius
Augustus and the consulship of the Most Noble Albinus. An identical copy to the Illustrious Theodorus, Praetorian Prefect of Illyricum.-November 29, 444.
6 Post
tenorem, after the publication of the tenor.
7 Min. Sen.,
n. 25.
8 debitores, delinquent taxpayers.

9 During this year the Emperor was celebrating the ninth quinquennalia of his reign and was receiving the felicitations of all.
10 Sirm. i, n. 3.
11 The twelfth, CJ iO, 28, I; II, 59, 17.
[ 514 :

VALENTINIAN AUGUSTUS
.............................................--TITLE 1: THE REMISSION OF DELINQUENT
TAXES 2 (DE INDULGENTIIS RELIQUORUM)
Faustus, Praetorian Prefect.
Whatever the condition of present affairs permits Us to
confer for the relief of the provincials, the humanity of
Our Clemency grants with eager benignity. For what is
more close to justice and more familiar to Us than to extend a pious hand to the weary and to assist at the proper
time the difficulties of those whom We rule? Especially
since the services of Our subjects always eagerly minister
to the public need and to the regulations of Our Serenity,
the merit of this devotion' and the sacred festivity of the
recent vows 4 equally demand that We be the more eagerly
incited to an occasion of giving, as though We were under
the obligation of some compulsory service, 0 Faustus,
dearest and most beloved Father.'
i. Therefore, since Your Illustrious and Excellent Magnitude, according to your most salutary report, eagerly desires to be favorable to Our purpose, and since you always
extend your thoughts to remedies for the provinces, you
shall know that wise provision is made for all the landholders by this authority of Our pragmatic sanction, so"
that if the reckoning of the public accounts should apprehend that any delinquent taxes of previous times remain,
such debts shall be removed from the fiscal accounts up to
the fourth year of the indiction7 throughout all the provinces and islands of Italy, and the debts of the third year
of the indiction 8 throughout Africa. Although such debts
are of no profit to the public accounts, they nevertheless
disturb the landholder whose resources are exhausted and
who is always purchasing delay with continuous expenditures.9 All this We completely remit, now and forever, and
We establish that the public account books shall retain nothing of this compulsory service.' 0 We bar all avenues to
the revival of any chicanery, and We direct that nothing
shall ever be permitted to the tax collectors, nothing to the
judges, in regard to delinquent taxes, for the aforesaid
years of the indiction only.
year of the sixteenth consulship of Theodosius Augustus and the
consulship of the Most Noble Faustus.-July 8, 438.
1 Nov.
2
Th. i, n. i.
CTh II, 28; Nov. Maj. 2; Nov. Marc. 2; Nov. Val. 7.

3 devotio, the regular word for prompt tax payment.
4 Of marriage, in 437, when Valentinian married Eudoxia, daughter of Theodosius II., Marcellin., Com. Chron. (Chron. Min. ed.
Mommsen, II p. 79.) Thus Valentinian makes this time of rejoicing
an occasion for the remission of taxes.
5 Sirm. I, n. 3.
6 Omit: so, M.-M.
7 September I, 435-September i, 436.
8 The same date, since the African indictions were one year later;
CTh II, 28, 8.
9 By the bribery of the tax collectors, CTh 2, 29, n. i.
10 Of tax payments.
***
The same Augustuses to Maximus, Praetorian Prefect

for the second time.
The remission of tribute which was granted in consideration of the nature of the devastation" affords an incentive
for renewed devotion. Health cannot be restored when
diseases attack, unless the medicine affords its own effectiveness, 0 Maximus, dearest and most beloved Father.'
i. Whence Your Illustrious and Excellent Magnitude
shall learn the tenor of Our pragmatic sanction and shall
know that, according to your report which We approve as
useful to the landholders, as well as to the advantages of
the fisc, the landholders of Sicily, together with the surrounding islands, in consideration of the barbarian devastation, must pay to the fiscal tribute a seventh part of that
tax assessment which is contained in the present records.
But the landholders of Syracuse, Catina, Aetna, Lilybaeum,
Thermae, Solus. . . .
2.
440 or 441
3.3 The same Augustuses to the Consuls, Praetors, Trib-
unes of the People and their own Senate, greetings.

If you and your children are well, it is well; We and
Our armies are well.' 4 Although other occupations exist,
the following matter cannot be further deferred; for to an
honorable conscience it is a kind of mendacity to delay the
fulfillment of one's promises. Although We know that because of the loyal devotion3 of the landholders, either no
fiscal debts, or only small ones, are owed, nevertheless, because in the administration of the present tax investigation
there is one and the same condition f or no debt or for a
moderate one,' 5 We explain clearly why it is Our pleasure
to come to the aid of the above-designated compulsory service.' 0 For it will be considered connivance unless correction
is made by Our zeal.
i. In so far as pertains to Our purpose, it is Our will that
wise provision shall be made for the provincials everywhere
and that those wearied by their various misfortunes shall
be aided by adequate benefits. But in many cases surreptitious envy prevents, since it is now no longer possible for
a plan, however prudent it may be, to make such provision
that hidden avenues of doing harm are barred to the wicked.
2. Tax investigators who have not been selected, as We
have learned, but who practice corrupt solicitation, are said
to be going to the provinces, and they find this easy to accomplish at their leisure, because We and Our nobles are
constrained by the weight of other cares. In this manner
11 The invasion of Sicily in 44o by the Vandals under Genseric.

12 Maximus was praetorian prefect for
the second time 439-441.
Cf. Nov. Val. 3; 4; 7, I; io. A comparison of Nov. Val. 9, issued
June 24, 440, shows that this constitution is later.
1s Ritter 7; Brev. 7; Edict Theod.
144.
14 An inappropriate imitation of Cicero; Valentinian was in Rome
at this time, while the armies were in the field under Aetius.
.15 The tax investigators were equally rapacious in regard to small
debts and to cases where no tax debts existed.
E s'5 I
NVal 1-3
Remission of Delinquent Taxes
the resources of the landholders have fallen into miserable

ruin, and hence there is a greater disadvantage from that
source16 whence definite remedies ought to have come.
When such a tax investigator comes to a frightened province, accompanied by the ministers of his chicanery, in his
exaltation he takes pride in the expensive services ;" he
seeks the assistance of the provincial office staff; he often
also joins to his service the scholarians, so that by multiplying both the number of men and of office staffs, he extorts by terror whatever is pleasing to his avarice. The
first beginnings of his coming are that he produces and
unrolls"s terrible orders about various and very numerous
tax accounts; he presents clouds of minute computations,
confused with inexplicable obscurity, which among men
who are ignorant of cunning bring about all the more that
they cannot understand them. Such tax investigators demand tax receipts which have been destroyed by the passing years and by age, and which simplicity and the confidence of owing nothing do not know to preserve. For in
truth, in whatsoever manner such receipts perished, there
is, so to speak, a just occasion for plundering,"' or if they
should survive, payment9 must be made in order that they
may be credited to the taxpayer. Thus it happens that
when a record has perished, it is justly harmful1 9 before
the unjust judge of the case,20 but it is no advantage if it
did not perish. Then there are innumerable calamities, harsh
imprisonments, the cruelty of hangings, 2 1 and all the tortures which in the meantime the excellent inquisitor, rejoicing and persistent in his cruelty, awaits. The palatine
colleague of his thefts urges on, the turbulent apparitors
threaten, unrelenting military execution impels. It is a
disgraceful crime that these cases concerning citizens are
concluded, as though among the enemy, by agreements for
the payment of money,9 not by the justice of the allegations
and not by pity. Although such great persecution never
profits the advantages of the fisc, nevertheless it does not
cease to be repeated, as if something efficacious had been
done; for scarcely does one investigator depart from a
province when another rushes forth with new authority.
If the one who previously went was not able to be useful
to the public, it is superfluous for another to go, who will
be equally harmful to the provincials.
3. We extinguish, 0 Conscript Fathers, the brands of
this pernicious fire, and We do not permit it to rage further,
to the destruction of the exhausted provincials. A landholder who has been made poorer is lost to Us, but if he
is not overburdened, he profits Us. Postponements are being sold 9 to those persons who cannot be solvent, although
the purchase of delay further attenuates the public service.2 2
Without doubt the fisc loses whatever the tax collector increases to his own advantage. Therefore, 0 Conscript Fathers, We order to belong to this remission the delinquent
taxes of all previous times, those of the chest 2 3 as well as
those of both treasuries, up to the first year of the indiction 2 4 which is beginning. No person hereafter shall in16 From the tax investigators who were supposed to remedy inequities.
17 Of various assistants whom he summoned to help him; their
expenses would be paid by the unhappy provincials.
18 From documents which he brings with him.
19 According to the letter of the law.
20 The tax investigator.
21 Not fatal but used as a form of torture.
22 By making the taxpayer unable to meet his public obligations.
24 September
I, 447-September i, 448.
vestigate anything whatever that has been settled up to the

designated time. That security25 alone must never be calumniated which Our Eternity has granted.
4. Although We know that this humanity can be sufficient
to all men for their peace, nevertheless We add the following regulation, whereby Our wise provision can be
granted as a more pleasing one: namely, no person hereafter shall be permitted to aspire to this business26 by the
decision of one judge. The public consideration of Our
Sublime Father and Patrician2 7 and also the Magnificent
praetorian prefect shall deliberate beforehand whether a
tax inspector must be sent, and with the benefit of their
common participation, together with Us, they shall watchfully consider and guard the greatness of their virtues. In
accordance with their own administrative authority, they
shall determine with the court powers, 28 if just necessity
should so demand, what kind of person shall be sent. The
person who has been selected by the examination and agreement of such men shall not dare to do anything presumptuous. Reverence for his own integrity must necessarily be
guarded by a person who knows that he has as many
guards as he has judges.
5. We order that it shall be at the risk of his fortune
and his reputation if such a person 29 should otherwise proceed to a province. He shall be recalled with the fear of
public dangere if hidden cupidity impels him to hasten to
such a province. A similar condition shall await the office
staff of that official who desires to send a tax investigator
and who does not faithfully recommend by the attestation
of the public records that the regulation for sending such
persons must be observed as We have established.
6. It is Our pleasure that Sardinia shall be excepted
from this provision, since by some trickery there remains
in the hands of a few persons the greatest part of the money
that has been collected and should have been applied to the
public expenditures. When Sardinia has satisfied this requirement, Our benefits shall come to it also.
7. The report of the Illustrious count of the privy purse
has disclosed that Our Clemency formerly had commanded
within Africa, as throughout other provinces, that the price
of landed estates which had been sold" must be fully paid
by the purchasers with the grant of an additional five years;
that the palatines who had previously been dispatched in
regard to this matter had not yet reported what they had
accomplished. Wherefore, it is Our will that this title32
shall not be added to the interpretation of this law, lest
under the pretext of this oration3 3 they might squander
what they have received. For those accounts cannot be
called delinquent taxes when not a residual part, but the
whole sum which can be expected is owed.
(And by the divine imperial hand.) It is our wish that
you may be well, most happy, flourishing, and most beloved
by Us through many years, 0 Conscript Fathers of the
Most Sacred Order.
(And on the margin.) Given on the third day before the nones of
25
securitas; the general remission of taxes is considered as secur-
ity for the payment of past taxes.

26 Of tax investigation and collection.
27 Probably Aetius, n. 5.
28 aulicae potestates; the Emperor and the imperial
consistory.
29 As a tax investigator.
30 Of severe punishment.
3s Public lands sold by the State, on the condition that the purchasers must pay the full price after five years.
82 tituluS,
title, account.
Many laws were promulgated in the form of orations or

"speeches from the throne," to the Senate.
1
E 516 ]
Pleadings in Court
March at Rome in the year of the seventh consulship of Our Lord
Valentinian Augustus and the consulship of the Most Noble Avienus.
-March
5, 450.
Read in the Senate by the Illustrious Proconsul,34 Postumianus,

on the day before the ides of March.-March 14, (450).
[INTERPRETATION:]
This law does not need interpreta-
tion.
TITLE 2: PLEADINGS IN COURT' (DE POSTULANDO)

1.2

Faustus, Praetorian Prefect.
We greatly rejoice that the report of Your Magnitude
has recommended to Us those things that are in harmony
with Our judgments, as is witnessed by the privileges that
were formerly conferred' upon advocates. In order that We
may exalt their merits by a greater accession of Our benefits, We also honor them with new favors in addition. For
to what honor shall We believe those men to be unequal,4
whose lives and eloquence throughout so many years of
this duty have been tested by the authority, not only of
private persons, but also of the public courts, 0 Faustus,
dearest and most beloved Father ?5
i. Therefore Your Illustrious and Excellent Magnificence6 shall know that, in consideration of your laudable
recommendations, this regulation has been established by
Us in an edictal law with regard to the admission, retention,
and grant of honors to advocates, namely, that in the case
of a person who wishes to be joined to the number of advocates, first of all inquiry shall be made as to his studies,7
his character, his birth status, and whether he has performed the compulsory public services by means of which
his high birth must be obligated to the municipality of his
birth; and all these things must be investigated neither
through calumny nor by a perfunctory examination. For
you must not admit those persons, once for all, to the
seminary 8 of dignitaries who are not so purified in all
matters that thereby they may be considered worthy of all
honors because they have deserved to be advocates.
2. By the authority of this law We decree for these persons twenty years for conducting suits, not in such a way
that it shall be right for them to attain the twentieth year,
but to complete it.' But in the provincial forums, if they
should be advocates for sixteen years or more than that
number, one of them who excels in the number of his years
in conducting suits shall be called to the praetorian forum,
if the prefecture should so order, and all advocates, whether
of the two praetorian prefectures or of the urban prefecture, who have completed their twentieth year as advocates,
and even those who pass earlier to another course of life
in the fifteenth year of their advocacy, shall be able to obtain the right to the rank of vicar, so that in Our salutationso and in all public assemblies they shall deservedly be
placed before those persons who obtained the right to the
rank of vicar after them. For We do not think that it
should be endured that such high rank, in the case of those
2.3
34
CTh 6, 4, 8-9.
I Nov. Th. io; CTh 2, lo, 1-2.
2A
constitution seems to have been lost.

4 inferior; M.-M.
6 Your Magnitude, M.-M.
5 Sirm. I, n. 3.
7 Or: the first requisite shall be his studies.
8 Ritter Nov. Th. 34.
8 Where dignitaries are produced.

10
The formal receptions of the Emperor.
9 Cf. Nov. Th. 10, 2.
NVal
2*3
persons who have performed the duties of advocacy, should
appear to be nominal or empty. For Our decisions bestow

such rank not for the gratification of each person, but to
the order itself and to the profession. If reverence for learning is to be preserved, even this honor would appear to be
too small a thing for so great, so necessary, and so sacred
an office, unless they could securely hope, with all men,
for that reward which each good man and each man with
a good conscience must hope for, not in vain, from Our
decisions.
3. For We do not restrict the reward of the profession
by such a limit, and We do not bar the way to future hope,
when in the meantime We reward past deeds. For a due
and just action of the most august prefecture shall provide
that after their long labor, the peace of such men shall be
disturbed by" no burdens of municipal offices, no tax collections, and no public works, on the recommendation of
the accountants or at the command of Our sacred imperial
law, if such advocates have bestowed the due period of
practice of approved defense throughout the aforementioned number of years, in any praetorian or urban forum.
The prefecture shall immediately order a fine of thirty
pounds of gold to be exacted of the provincial office staffs
or their own office staff if they should suppose that any
of these persons who have furnished patronage for cases12
by means of the aforesaid services should be nominated for
such an injustice.".
4. In consideration of this learned branch of the imperial service, We grant to them also that if they should be
established under the paternal power," whatever they have
acquired under any title whatever while they were established in the advocacy they may vindicate as though it were
a military peculium, in order that the paternal power" may
not either transfer to others the reward of another person's
labor or vindicate it to itself.
5. By the edicts of Your Magnitude you shall cause this
law to become known to all judges and provinces.
Posted on the ides of August at Rome in the Forum of Trajan
in the year of the consulship of the Most Noble Dioscorus.-August 13, 442.
3.15 The same Augustuses to Albinus, Praetorian Prefect
for the second time of Illyricum, Italy, and Af rica.

In accordance with Our love for the people, We must
come to the aid of those persons who have fallen into
fatal misfortunes, since indeed it is the part of the imperial
glory to mitigate certain decrees when the overwhelming
force of unexpected disaster creates a deadly destruction,
0 Albinus, dearest and most beloved Father.5
i. Whence Your Illustrious and Excellent Magnificence
know that the Africans, who have been expelled by the
misfortunes of a hostile disaster" and have been dispossessed of all their fortunes and who have thus lost the
hope of their own legal activities and of their accustomed
way of life, if they should be imbued with learned studies
and should intend to plead cases or if they have already
begun to plead cases, shall be granted the right to such advocacy before all judges, and the bond of the law1 7 shall
be removed, except in the case of the praetorian toga18
11
They shall not be assigned to any compulsory municipal serv-
ices, which were burdensome and without remuneration.

12 Advocates.
13 familia.
14 patrum potestas.
16 The invasion of the Vandals and Alans.
17 Nov. Val. 2, 2.
18 The court of the praetorian prefect.
E 517 ]
NVal
Pleadings in Court
2-3
and the forum of the urban prefect, in which courts Our

Piety grants the right to conduct cases to three of them
only. By such a remedy they can alleviate the misfortunes
in which they are now involved. For We must aid with
favoring zeal those persons to whom there remains only
that which captivity 9 could not vindicate to itself.
Ravenna in the year of the second consulship of the Most Noble
Maximus and the consulship of the Most Noble Paterius.-August
'7, 443.
Emperors Valentinian and Marcian Augustuses to

Storacius, Praetorian Prefect.
Of many . . .* in sanctioning the laws, not only vindicates to itself, but a consideration of the times also persuades Us, not because a diversity of regulations is pleasing, but because the nature of the events causes the decision to be more carefully considered and because, when a
more and more approved law succeeds the former decision,
there is greater strength in the law that has been thus established. The law that was previously repealed22 had excepted the Illustrious forums 23 but had granted to all others and to the provincials the perpetual right to conduct
actions. But now, as the youth and young men of native
literary ability are increasing, We have been approached
and prevailed upon by supplications that We should not
allow the fervor of succeeding generations for such studies
to vanish because of the perpetual tenure of others. For
what man would insert himself as a new professor24 in
an office which is occupied by a veteran professor,24 so that
he is not so much an authority as the observer of another?
Because those things which are transitory to men become
perpetual by the selection of substitutes, in order that,
when the studies cease, the duties themselves may not
likewise become inactive, by this general constitution We
decree that all forums, those of the Illustrious praetorian
prefect and the prefect of the City as well as all others ...
0 Storacius, dearest and most beloved Father.' Your Illustrious and Excellent Magnificence by your edicts shall cause
to come to the knowledge of all that which this law has
prudently established, so that they may be able to know
and may strive to preserve what has been previously fixed
by a just regulation for preserving the time limits for advocates.
4.20
Given on the fifth day before the kalends of November at Rome

in the year of the consulship of Aetius and Studius.-October 28,
454.
TITLE 3: SUCCESSIONS TO DECURIONS'

WHO HAVE PASSED TO THE CLERGY2 (DE
SUCCESSIONIBUS CURIALIUM QUI AD CLERICATUM TRANSIERUNT)
Maximus, Praetorian Prefect for the second time.
Veneration for the Catholic religion shall be preserved
The rapine of the enemy.
20 Ritter, Nov. Marc. 5.
The necessity of many new circumstances vindicates for itself
not only a regulation in sanctioning, M.-M.
22 Nov. Th. io, 2; reading relaxata with M.-M. Or: issued, reading lata with Haenel, Ritter et al.
23 Presided over by judges with the rank of Illustrious, such as
praetorian prefects and prefects of the City.
24 professor, professor, member of the profession, practitioner.
19
21
1 Inheritances of decurions.
2 Ritter Nov. Th. 41; CTh 12, I; 5, 2.
in augmenting the status of each of the cities, and We both

renew the previous statutes of the ancients and of Our
Fathers and decree by Our own laws that which must be
observed, so that public losses may not be created by a general diminution of decurions, while the number of the clergy
is being superabundantly augmented. For there is no doubt
that when a decurion is admitted to the service of the venerable ministry and his compulsory public services have not
been fulfilled, the burden of such compulsory public services is thrown back on a few persons and cannot be endured, and again when the patrimonies of such decurions
pass to persons who are not held obligated to compulsory
municipal services, the substance belonging to their municipality is weakened.
i. Wherefore, We decree by the present law that if any
person before the day of the issuance of this sanction has
undertaken the office of cleric and has not fulfilled the compulsory and obligatory public services3 of his own city,
he shall indeed remain in that religious ministry which he
has obtained, but he shall be compelled to assume, through
a substitute, all his personal compulsory services as well
as those of his patrimony. He shall divide his property in
equal parts to each of his children and shall reserve for himself a like part. But if he should not have children, he shall
deliver two thirds of his property, without any fraud of
alienation, to his near kinsmen who belong to the municipal

council. If such kinsmen should be lacking, We decree that
the aforesaid eight twelfths shall profit his own municipal
senate, since love for one's municipality is not less than
love for one's nearest kinsmen ;4 of course, he shall reserve
for himself one third of his own substance.
2. But if he should have rendered his compulsory public
services to his municipality and should have previously
entered the office of cleric, he shall not delay to deliver an
equal portion of his property, as We have already said, to
each of his children whom the municipal council undoubtedly vindicates to itself. If he should not have children, he
shall be compelled to observe those regulations which have
been established above in regard to the distribution of the
patrimony of such a person. For it is seemly that a person
who desires to hold fast to the sacred mysteries shall be
proved rich in faith rather than in property.
3. But We prohibit by the present law that in the future
a decurion shall be received for the ecclesiastical ministries,
so that fiscal necessities may be fulfilled the more easily by
a large number of decurions. Of course, if any person
should hasten with devotion of spirit to the service of the
clergy, even in violation of the prohibitions of the laws, and
if he has not completed the burdens of his own municipality,
he shall be compelled to render all such services through a

substitute. By a similar regulation of the law, he shall divide his property, just as has been written above, either
with his children or with his near kinsmen or with his
municipality. But if he should have fulfilled his compulsory public services and should then have been joined to the
ministry of sacrosanct religion, he shall be immediately

compelled by the judge to distribute his property equally
among his children, and he shall reserve for himself an
equal portion among the children. If he should not have
children, he shall know that two thirds of his property must
be immediately conferred upon his near kinsmen, without
34 the compulsory public services and burdens, M.-M.
parentes, parents, near kinsmen.
E 51'8 1
NVal 5-1
Greek Tradesmen Recalled to City of Rome

any falsehood of diminution, provided, however, that his
kinsmen are obligated to the burdens of the decurionate,
just as has been said above, and all the property shall be
brought before the public which he supposed should be
alienated, to the fraud of the law, after he had received the
honor of cleric; a third of the property he shall dispense
to whomever he wishes, by his own decision. These regulations testify that Our Serenity, in consideration of humanity, has moderated the ancient constitution of the laws,5
whereby a decurion was directed to yield all his patrimony
to his own municipal senate whenever he was chosen for
the ministry of the clergy.
4. Our regulation does not disregard that detail also,
namely, that if any citizen or inhabitant 6 of a municipality
should hereafter be found who is not obligated in any
respect and whose property, however, does not exceed the
value of three hundred solidi, he shall have the unrestricted
right to obtain the office of cleric. But it shall be permitted
to associate with the municipal council, according to the ancient statutes, a person whose patrimony shall be assessed
at a higher evaluation than We have defined, except those
who perform imperial service in Our sacred imperial bureaus and in the bureaus of the department of the secret
service and others who toil in the performance of continued
imperial service. Thus by many kinds of provisions the
number of members of the municipal senates shall be supplied, and still ministers shall not be lacking f or the services
of venerable religion, 0 Maximus, dearest and most beloved Father.8
5. Your Illustrious and Excellent Magnitude by the promulgation of edicts 9 shall cause to come to the knowledge of
all the most salutary provisions of this law, so that the
charge of sacrilegeo shall involve, and a fine of twenty
pounds of gold shall smite, the person who clearly has not
obeyed this edictal constitution.
Given on the fifth day before the kalends of September at Ravenna
and the consulship of the Most Noble Festus.-August 28, 439.
TITLE 4: A RESCRIPT ELICITED
TO THE
PUBLIC DAMAGE SHALL NOT BE VALID;

SPECIAL GRANTS OF IMPERIAL FAVOR
SHALL NOT BE PREFERRED TO GENERAL
LAWS' (IN DAMNUM PUBLICUM ELICITUM
NON VALERE RESCRIPTUM NEC SPECIALIA
BENEFICIA GENERALIBUS PRAEFERENDA)
By experience in affairs We have frequently recognized
that the general tax payment' is burdened by special grants
of imperial favor, and that the weight of the tribute which
is withdrawn from certain persons individually falls back
5 Cf. CTh 16, 2; 3, 6, 19, 21; 12, 1: 49, 50, 59, 99,
163, 172; 8, 4, 7.
104,
115, 121,
123,
6 incola.
7
Add: to the municipal council, M.-M.
Sirm. i, n. 3.
9 Or: under your promulgated edicts, Sirm. 12, n. 8.

10 The violation of a sacred imperial law was sacrilege, Const.,
n.
II.
1 Ritter Nov. Th. 42. CTh I, I, 4; I,

2 generalis devotio.
2;
Min. Sen., n. 25.
on the others,$ 0 Maximus, dearest and most beloved

Father.'
i. Therefore Your Illustrious and Excellent Magnitude
in compliance with the decree of Our pragmatic sanction
shall know that, according to your report,' those regulations
shall remain valid which We had formerly decreed 6 about
the annulment of special grants of imperial favor, but that
all such favors which have been specially impetrated in
violation of Our prohibition shall not be valid; and that
this compulsory public service7 must be equally assumed by
all men. Thus the regulation which has been prudently
established for all in common shall remain in force and
corrupt solicitation shall not return afresh to those practices which We have annulled by this renewed regulation.
Given on the ninth day before the kalends of February at Rome
in the year of the fifth consulship of Valentinian Augustus and the
consulship of the Most Noble Anatolius.-January 24, 440.
TITLE 5: GREEK TRADESMEN SHALL BE RECALLED TO THE CITY OF ROME; WHAT PERSONS SHALL BE EXEMPTED FROM FURNISHING RECRUITS (DE PANTAPOLIS AD
URBEM ROMAM REVOCANDIS ET QUI A TIRONUM PRAEBITIONE EXCUSENTUR)
the People.
Our constant care for the City of Rome, which We
justly venerate as the head of Our Empire, abides with
Us, 2 to such an extent that We make wise provision in all
ways for her peace and abundance. Therefore, We do not
further permit to be precluded from dwelling in the sacred
City the Greek tradesmen, whom they call pantapolae, in
whom there is manifestly present the greatest multitude3
and great diligence in buying and selling wares, even
though dissension and the very great envy of the shopkeepers4 rather than the welfare of the venerable City of
Rome has removed them from business.
i. Therefore each and all shall know by this edict that
the right has been restored to such tradesmen to return to
the City of Rome and to engage in trade, so that by Our
watchful care, abundance may be furnished to the people,
and during these critical times5 the City may be inhabited
by a greater multitude. Thus if any person should not observe the established prices," punishment shall proceed
against him in proportion to the nature of the deed, and it
shall not be permissible to exclude the whole group on account of the crime of one or two. Thus by the care of many
people, abundance will not be lacking, and the multitude
will be increased to the profit of the City.
2. Of course, in this respect We decree that all anxiety
3
Cf. Salvianus, De gubernatione Dei 5, 7-8; CTh
I I, 7, n. 9.
10,
25, n. 3;
4Sirm. i, n. 3.

8 Apparently in a letter to the Senate in 426; cf. CJ I, 14, 2-3; I,
19, 7 ; 1, 22, 5.
7
Of tax payments.

2 Literally: does not desert Us.
8 Of which there was great need, since Rome had been repeatedly
devastated by foreign invasions.
4 The non-Greek shopkeepers, their competitors.
I A threatened invasion of Vandals. to the people in the supplies
that are received, and the City, M.-M.
6 Price fixing was often employed. See the Index, s.v.
519 1
NVal 5-1
Greek Tradesmen Recalled to City of Rome
and every fear shall be removed from your minds, and that
all of you shall know from the text of this edict that no
Roman citizen, no member of a guild7 must be compelled
to military service, but only to the custody of the walls and
gates whenever necessity so demands. The regulations of
the Illustrious prefect of the City must be obeyed by all.
3. His regulation shall also restore the parts that have
been shattered in the walls, towers, and gates, so that absolutely no person shall be exempted from the repair of the
walls and of all the structures that have been mentioned
above.
4. This also We decree f or protecting the status of the
venerable City, namely, that land which is obligated to
maintain the aqueducts,8 to supply sand, to burn and to
deliver lime, and to furnish public transportation shall be
considered exempt from furnishing recruits and from payment of the recently assessed seven solidi for each millena,9 in order that such land may the more promptly assume the devotion of its customary tax payment.
Given on the fifth day before the nones of March at Rome in
the year of the fifth consulship of Valentinian Augustus and the
consulship of the Most Noble Anatolius.-March 3, 440.
TITLE 6: RECRUITS; THE HARBORERS OF

DESERTERS' (DE TIRONIBUS ET DE OCCULTATORIBUS DESERTORUM)
Sigisvuldus, Count and Master of Both Branches of the
Military Service.
Punishable lawlessness compels Us to repeat too frequently the laws that have been established, so that the
crime is indefensible which even a recent prohibition does
not correct. For it is not right that concession should be
made to any person if he should attempt acts that have been
forbidden so many times and that now also have been even
more severely interdicted.
i. In accordance with Our responsibility for the successful restoration of the army, We decree that the landholder
must furnish recruits. However, no person shall misuse an
occasion of public loss and suppose that he should receive
profit from fiscal expenditures, and that for the purpose of
cultivating his land or of engaging in business, or on the
pretext of any service whatever, 2 he should detain a person
who has been marked once for all with a military title,3
o Sigisvuldus, dearest and most beloved Father.4
Therefore, Your Illustrious and Excellent Magnitude
shall know that We have ordered by this edictal law that if
any person should suppose that he should harbor on a rustic
or urban landed estate any recruit or also a man of previous
military service who had deserted his own service units
and standards, he shall both restore the man whom he has
concealed and shall be compelled to pay as a fine three
i.
7CTh 14, 2; Nov. Val. 20.

8 cespes formensis.
9 millena, apparently a land tax unit, equivalent to a jugum, the
more common word. Scholars have not been able to agree whether
it means a unit of land that produces a thousand (mille) measures
of grain or one valued at one thousand solidi.
1 Ritter Nov. Th. 44; CTh 7, 13; 7, 18. This Novel seems to have
been issued in anticipation of a threatened invasion of the Vandals;
cf. Nov. Val. g; Nov. Maj. 8.
2 There was a critical scarcity of labor, especially of farm labor.
3 As
a soldier who has been enrolled in the army.
Sirm. i, n23.
other men suitable for military service. The colonus, chief

tenant, or overseer of the place, if he is of such an age that
he can endure terms of service, shall be immediately joined
to military service. But if without the knowledge of the
owner a deserter should be hidden in a house of any person,
the colonus, chief tenant, or overseer, if he knew of this,
shall be smitten with capital punishment.
2. Nevertheles*s, in order that We may not appear to
have given an opportunity for calumny, if a soldier or a
recruit perchance should enter the landed estate of any
person for the purpose of dwelling there for a time, We
decree that moderation shall be observed and that within
thirty days after he began to be in the aforesaid place, he
shall be seized, and the person who is constrained by the
aforementioned penalty of the law shall conduct him to
whatever municipality is nearest and shall deliver him to
the public office staff and the primates of the municipality.
Under the attestation of the public records such deserter
shall be immediately conducted to the governor' of the
province, in order that by his charge the deserter shall be
restored to his own standards and shall be subjected to the
appropriate penalties.
3. We order that the judge, of course, if he should employ connivance or negligence in executing these regulations, shall pay to the fisc as a penalty ten pounds of gold,
and his office staff a like amount.
4. In order that no person may pretend that he was ignorant of this law, you6 shall publish it by the customary
edicts throughout all the municipalities of the provinces.
Given on the thirteenth day before the kalends of April at Rome
in the year of the fifth consulship of Valentinian Augustus and the
consulship of the Most Noble Anatolius.-March 20, 440.
The same Augustuses to Quadratianus, Praetorian Prefect.

The devotion of all men ought eagerly to surpass a regulation which will salutarily profit all. For what is more to
be sought by the professed desires of all than that the
Roman army should be increased by added strength through
the levy of military might, 0 Quadratianus, dearest and
most beloved Father ?4
i. Whence Your Illustrious Magnitude shall learn the
tenor of Our pragmatic sanction and shall know that, according to the tenor of Our previous pragmatic sanction7
that was issued with respect to conducting a new levy, the
Senators and every landholder shall be notified by you, in
order that they may know that their overseers and chief
tenants, without any dissimulation in so necessary a matter, must be presented to those persons on whom We have
enjoined the compulsory public service of collecting recruits throughout the suburbicarian provinces, in order that
We may be able to attain the more easily the realization of
the public welfare.
2. If any person should be so notified and by any tardiness should delay conducting such managers of his fields
to the persons who execute this regulation, he shall know
that he will be fined ten pounds of gold and that nevertheless he shall deliver the number of recruits for which he
is found liable. Such severity indeed shall justly overtake
a mind that is averse to the common desire for defense. As
for the rest, therefore, the intention of no person shall
delay the performance of the tasks that have been enjoined
2.
5 moderator. or: After due legal formalities (confectio gestorum)

. , 4, 2, n. 13.
6Add:
E 520
Your Magnitude, M.-M.
7 Not extant.
NVal 7-1
Palatines
upon him, because if any person should fail in this matter,
he confesses to a certain extent that he is not a Roman.
Given on the eighth day before the kalends of June at Ravenna
in the year of the second consulship of the Most Noble Maximus
and the consulship of the Most Noble Paterius.-May 25, 443.
3. The same Augustuses to Count Isiodorus.

The necessity of various affairs, indeed, and especially
that of the common welfare, makes it inevitable that the
report of Your Sublimity appears to be exceedingly provident in respect to the nature of the times. For each person,
content" with little, must hope for the security of the future.
For in consideration of the burden, We do not believe that
what is demanded is oppressive, 0 Isiodorus, most beloved
Brother.'
i. Whence Your Illustrious Authority shall know that
according to your report that has been confirmed by the
authority of Our pragmatic sanction, We have issued this
decree only for the present time, because of the necessity
of imminent expenses"o for which the resources of Our
treasury cannot suffice; and if very many people should
pay this levy, it will not be burdensome, and it can aid Us
in some degree. Therefore the Illustrious men who are inactive" and who are established throughout all Our provinces must pay in money f or three recruits each. The counts
of the imperial consistory also and those of the first order,
the tribunes and the imperial secretaries, and also those
persons who govern the ordinaryl 2 administrative offices
in the provinces must pay one recruit each. But tribunes
who are inactive" and counts of the second or third order
and all men of Most Noble rank must each assume one
third of a recruit, and thus the price of one recruit shall be
assessed at thirty solidi. The Africans shall be excepted,
since they have recently been expelled from their homes by
a hostile necessity." On account of their vigilant services
at the present, moreover, twenty counts of the imperial consistory and thirty imperial secretaries shall be exempt. For
those persons ought to rejoice who are commended for a
justifiable reason by their own labor and their watchfulness
which has been performed with great toil.
Given on the day before the ides of July at Ravenna in the year
of the eighteenth consulship of Theodosius Augustus and the consulship of the Most Noble Albinus.-July 14, 444.
TITLE 7: PALATINES' (DE PALATINIS)

The enormity of the palatine exactions has too often
resulted in complaints and has imposed upon Us the necessity of formulating a sanction, since their obstinacy, which
ought to decline, hastens to increase. They have been beguiled to this course by the presumption of their past impunity, with the result that by their continued crimes they
i.
8 Reading contentus. contempto, by scorning that which is unimportant, M.-M.

10 For the war against the Huns.
11 vacantes, inactive, free, at leisure.
12 Gubernatorial.
13 The Vandal invasion.
I Ritter Nov. Th. 45; CTh 6, 30; II, 7, 17-18. The palatines were
attached to the offices of the privy purse and of the sacred imperial
largesses. They were employed in the collection of delinquent taxes,
where their corruption and extortions were notorious, 2, 29, n. I; 3,
I, n. 24.
shall incur the more grievous stings of severity. Whence

We gladly accept the report of Your Magnificence, which
is in harmony with your numerous administrative offices
and your virtues, and which requests that wise provision
shall be made generally for the landholders and tradesmen.
For their loyal tax payments would collapse in a short time,
if the avarice of the palatines should vindicate the right to
exact for itself as much or more than the amount which
must be paid to the fisc. Thereby is created an undisguisable reproach for Our age, since the taxpayer who is loyally
devoted to the public welfare is attended by expenditures
which will profit private interests.
i. Wherefore, in compliance with the most salutary report of Your Sublime Excellency, We sanction by a law
that will be venerated throughout the ages that each of the
palatines who exacts the tax payments of a superindiction
or of gold or any other tax payments which belong to both
treasuries2 shall know that nothing must be accepted or
sought in the name of a perquisite beyond the sum that
was included in the lists delivered to them from their bureau according to the present assessment. The fictitious
drawing up of cases and tax accounts shall cease .. . which
We command to cease because of Our hatred of chicanery
and which the shrewdness of the tax collectors threatens
to use not for the public welfare, but as an example of
their avarice. They shall be smitten as guilty on the charge
of sacrilege,5 and they shall also be delivered to the punishment of proscription when proof convicts them of such
usurpation.
2. If the Illustrious counts of both treasuries 2 should be
approached and should perhaps disregard such investigation
and punishment, Your Magnitude must report the matter
to Us, so that We may avenge such neglected and most
just complaints of the provincials.
3. Moreover, the license of such avarice offends Us so
much that We desire to abolish" this inveterate usurpation,
and We decree that the governors7 of the provinces shall
oppose such rapine and shall refer such cases to Your
Magnitude without any fear of their own condemnation.
4. In addition, We bar the way to all excuses, because of
which those things which must necessarily be done are
sometimes disregarded, and We add to this Our constitution the provision that the Illustrious counts of both treasuries2 shall know that they must refrain from the condemnation of judges and decurions but shall report their
crimes and the dissimulation thereof to Our Clemency as
well as to the office of Your Magnitude, when such crimes
exist.8 Thus the subsequent correction of your office then
shall abolish such present crimes and shall regulate future
ones. This regulation We decree because of Our love for
antiquity and for public discipline, 0 Maximus, dearest and
5. Therefore, by your proclamationo Your Illustrious
and Excellent Magnitude shall order to go to the knowledge
of all provincials this edictal law, which shall continually
profit all the public services, in order that all of them shall
2 The privy purse and the sacred imperial largesses.
3A
favorite form of extortion. Cf. NVal i.

4 cease, and those who collect such accounts . . . shall be smitten
as guilty, M.-M.
5 As violators of the sacred imperial laws of the Emperor. Add:
if they exact payment for these accounts; M.-M.
6 remedy, M.-M.
7 moderatores.
8 are
proved, M.-M.
1o programna, Sirm.
9 Sirm. I, n. 3.
12,
n. 8.
E 521
:i
NVal 7-1
Palatines
know that no place is granted for wicked and daring deeds

in Our age.
Given on the day before the nones of June at Ravenna in the year
of the fifth consulship of Valentinian Augustus and the consulship
of the Most Noble Anatolius.-June 4, 440.
2. The same Augustuses to Paterius, Praetorian Prefect.

When Our Piety sought remedies to protect the peace of
the provincials and at the same time to prevent the avarice
of the palatines, which had been the cause of Our issuing
the recent law," We had decreed by the recently issued law
that the Illustrious counts of Our sacred imperial and private treasuries2 should not have the right to condemn
judges, and similarly, that their severity should refrain
from fining the inactivity of the municipal senates.
i. But because now the report of Your Magnitude makes
known by a provision of this necessary report that such a
regulation is disgraceful to Illustrious men' 2 and is ineffective for regulating the public necessities, and because We
have learned by experience that such a regulation is not
sufficiently profitable to the interests of the landholders and
is a very great hindrance to the customary tax collections
of the treasury, that law is hereby abrogated which We
formerly decreed should be observed in regard to such matters, and by the undiminished authority of the former decision, We restore to the aforesaid Illustrious men1 2 every
right which they have had for a long time now. Thus no
excuse for delay or negligence in regard to the failure of
expenditures'- shall be granted to those persons from whom
the right was removed to fine not only judges, but also
decurions, although the fiscal representatives are permitted
to condemn their tardiness.
2. Nevertheless, We do not, under this regulation, deliver any of the landholders or decurions to the avarice of
the palatines." In regard to their frauds, if any 5 should
exist, or if they should exceed the measure of the actual
assessment under the pretext of tax accounts that belong
to them, or if, in their desire for plunder, they should devise
any false claim beyond that which the proved faith of the
records contains, We order that the unrestricted right to
accuse them shall be extended to those persons who are thus
oppressed, but in such a way that the complaints of the injured persons shall come to their own judges, and they
alone shall be permitted to investigate the crimes of those
persons in regard to whose misdeeds, if any of them should
come into censure, they shall be instructed not only by the
complaints of those who are present, but also by the reports
of those who are absent.
3. Of course, if there is any case that requires the sentence of a more severe punishment, the Illustrious judges1 2
of the palatines shall have an opportunity to consult Our
Serenity, so that the offenders may undergo the proper
kind of punishment, but only in regard to those crimes that
they have committed in violation of the law by the inducement of illicit avarice, 0 Paterius, dearest and most beloved Father.'
4. Therefore Your Illustrious and Excellent Magnitude
11 Nov. Val. 7,
1.
The count of the privy purse and the count of the sacred imperial largesses. The Emperor was unable to resist the demands
of the influential men around him who were enriching themselves
at public expense. Cf. Min. Sen., n. 25.
1s the failure of their tax collections, M.-M.
14 The Emperor is finding it difficult to justify his action.
15 if any complaints should exist, M.-M.
shall order that this sanction shall become known to all and
you shall remove that law' which had changed the customary order in these matters. You shall know that force
has been imparted to this law which We now establish
and which shall be valid perpetually. With such a regulation indeed, the status of the provincials shall remain inviolate and the dignity of their own power shall return to
the proper judges."
Given on the fifth day before the kalends of October at Spoleto
in the year of the consulship of the Most Noble Dioscorus and Eudoxius.-September 27, 442.
3. The same Augustuses to Florianus, Count of the Sacred

Imperial Largesses.
It is equitable that Our Serenity should sanction by the
prudent regulation of Our imperial response that no person
shall be permitted with impunity to desert the imperial service of his office with rash and lawless contempt and to
choose the idleness of slothful ease, and that We should
provide in the future, by interposing a threat, that no person shall dare to abandon the oaths of the imperial service
without consulting the testimony of his own judge, 0 Florianus, most beloved Brother.16
i. Whence Your Illustrious Authority in compliance with
the command of Our pragmatic sanction shall know that,
according to your report, if any palatines of the sacred imperial largesses had not completed their terms of service,
and without the testimony and authorization of their superior officer 17 have passed to the service of the churches
or to another branch of the imperial service, they shall be
stripped of the name of clerics and the privilege of their
former cincture of office, and they shall be immediately returned to the palatine office and the imperial service, which
they had contumaciously abandoned. This regulation also
shall be observed with regard to all those persons who shall
be discovered by the pragmatic regulation of this sanction
within three years after their change of imperial service,
but absolutely no suit shall be brought with regard to all
the others who are protected by longer periods of time.
2. In the future this regulation shall be observed, namely,
that no person shall be permitted to desert or to change his
imperial service without the order and testimony of his superior officer." The judges of the provinces shall be compelled to dispatch to the office of Your Magnitude the accountants of the tax accounts of the largesses, together
with their accounts and the documents thereof, and such
judges shall know that they are bound by the laws in
procuring the tax collections. For if any one of them should
delay the regulations of Our Majesty, there is no doubt that
he will be obligated both to Us and to Our laws.
Given on the seventh day before the kalends of May at Rome in
the year of the consulship of the Most Noble Calepius.-April 25,
447.
TITLE 8: PERSONS GUILTY OF FORCIBLE

ENTRY AND SEIZURE' (DE INVASORIBUS)
Pierius, Prefect of the City.
If no penalty of the former imperial sanctions had as-
12
An honorary title of address, Const., n. 5.

praesul, the count of the sacred imperial largesses, who could
approve his retirement.
18 praesidens,the same as praesul, n. 17.
16
1?
Ritter Nov. Th. 19; CTh 4, 5; 4, 22; CJ 8, 4.
E 522 J
NVal 8-2
Forcible Entry and Seizure

sailed persons guilty of forcible entry and seizure, without
any doubt such rash lawlessness must be avenged by Our
remedies, in order that the usurper of the right of another
may not enjoy the fruit of his presumption with impunity,
when with the swift eagerness of avarice he has forcibly
entered and seized' that property which could have been
recovered from the possessor by law, after the trial of the
controversy had been duly conducted.
i. The just, as well as vindicable complaint of the Illustrious Auxiliaris, indeed, moves Our Serenity, since on
his complaints trustworthiness is conferred both by a series
of subjoined statements and by his great claim to virtues'
which has been proved to Our Eternity by his many administrative offices. He has revealed that he was driven by
the Illustrious Apollodorus from possession of his home
which is situated within the venerable City,5 although he
had not been sued by any action of litigation. Of course,
the occasion of his absence was seized upon, while, if there
had been any petition6 for the suit in the case, since he
remained for no small periods of time at Rome in the
aforesaid house, he could have been sued by the aforesaid
Illustrious man in an action which had been brought. When
has the legal summons of possessors 7 been disregarded, a
procedure which We perceive has not been observed in
the case of the aforesaid Illustrious man? When have litigations not been announced to owners, and the sentence been
awaited from a suit that has been tried? What security
can there be for patrimonies if, as often as it happens that
possessors are absent, so often does a person lie in wait
and commit forcible entry and seizure?
2. But because We see that the regulations that We have
salutarily established for the peace of possessors are being
trampled under foot by illicit deeds of daring, and frequently a special complaint on behalf of the cases of many
persons has admonished' Us to decree regulations for the
profit of all, We justly renew the previous statutes of the
renowned Emperors and Our ancestors. Therefore We
sanction by a law that shall endure throughout the ages that
if any person, without summoning the owner and without
awaiting a definitive sentence either against the defendant
who is present or against him as contumacious, 9 should
eject a possessor from his rustic or urban landed estate,
possession shall be immediately restored, the person who
is guilty of forcible entry and seizure shall be punished
by the loss of the whole case, just as has been formerly
established,10 and he shall be compelled to pay immediately
the estimated value of the property which he had seized.
This provision shall also be added, namely, that if the
pervadere, to enter by force and seize.
8 Not extant. The circumstances of the case under discussion appear to be as follows: Auxiliaris was in possession of certain property that was involved in litigation, since it was also claimed by two
unnamed women who had instituted suit for it. In the absence of
Auxiliaris, the women sold the disputed property to Apollodorus
who thereupon took possession of it. Auxiliaris was absent at the
time but on his return he brought suit for recovery of the property
as having been forcibly entered and seized. The decision of the Emperor in his favor is annulled in the following constitution, presumably on the basis of additional evidence, the nature of which is not
clear.
4claim of the man on account of the excellence of his virtues
which, M.-M.
5 Rome.
6 true reason, M.-M.
7 possessores, possessors, defendants.
8 moved, M.-M.
9 Contumaciously absent.
10 CTh 4, 22, 3.
2
judge in such cases should suppose that this Our sanction

should be disregarded and that he should not put into
execution the sentence that has been rendered in regard to
payment of the estimated value," in accordance with justice itself, he shall pay the estimated value which has been
established when his successor has been received and he is

a private citizen.
3. But in the present case, We order that the house of
the Illustrious Auxiliaris which had been forcibly entered
and seized shall be restored to him, and that every right of
action is consumed, if any could have been available to the
Illustrious Apollodorus, since without summoning the possessor, he forcibly entered and seized the property which
he should have demanded by law. We do not allow him to
prosecute further the litigation and suits for that property
which he ought not to have bought 2 from other possessors,
and he must credit to his gain the fact that We concede
to him, with the humanity of Our Piety, the estimated value
of the property which is being considered and which could
have been demanded on the security of many laws.
4. But We deprive of every right of action those women
who evidently do not have a case, since they either sold a
suit' or participated in the rash lawlessness of forcible
entry and seizure of property, and thus no pretext for
renewing litigation may be sought by them. No contracts
shall create any prejudice, if perchance the persons guilty
of forcible entry and seizure wished to enter upon any
contracts with any persons whatsoever in regard to the
aforesaid house, to the prejudice of the owner, since property which has been forcibly entered and seized cannot be
legally transferred to another person.
5. We decree also that Apollodorus shall restore all the
property" of Auxiliaris that had been forcibly entered and
seized by any person whatever at the time of his expulsion.

For We do not so remit his punishment that We permit
the property of other persons to be seized and concealed, 0
Pierius, dearest and most beloved Father.' 5
Wherefore Your Illustrious Magnitude, in the delivery
of possession of the houses that have been forcibly entered
and seized, shall order Marcianus, a member of the secret
service, and his office staff16 to obey Our decrees, and he
shall not allow the obstruction of any person to occasion

any delay for Our most salutary regulations.
6. In order that these regulations which We sanction for
the peace of all possessors may be able to come to the knowledge of all, Your Magnitude shall publish this Our law by
posting edicts.
Given on the fifth day before the ides of June at Ravenna in the
year of the fifth consulship of Valentinian Augustus and the consulship of the Most Noble Anatolius.-June 9, 440.
2. The same Augustuses to Auxentius, Prefect of the City.

A careful and equitable investigation holds as an innate
principle, the more subtle and exact consideration of second
thoughts holds, that if hasty deliberation has committed any
fault in issuing laws, after the first impetuous haste, it shall
be revoked by a more carefully weighed plan. For the
custom of actual practice permits, innumerable examples
of antiquity guarantee, that many laws can be emended by
11 Involved in the suit.
12 Since it was involved in litigation, CTh 4, 5. M.-M. with Pithoeus read: seized. Cf. n. 3.
13 Property involved in litigation, their rights in the suit, n. 3.
14 all the property shall be restored, M.-M.
16 Sirm. i, n. 3.
16 As enforcement officers.
[ 523 1
NVal 8-2
Forcible Entry and Seizure
their issuers by the removal or addition of a part, and that

many laws are abrogated entirely upon more mature consideration. This We now decree in regard to the annulment
of the constitution which We had promulgated not many
months before in answer to the prayers of the Illustrious
Auxiliaris, when We were aroused by Our hatred of forcible entry and seizure that had been alleged to Us." But
because the supplication of the Illustrious Apollodorus has
recently made Us more attentive to the evaluation of justice, for this reason We have pondered and investigated all
these matters with a full evaluation, on account of those
regulations especially which had passed beyond the limits
of the matter about which We were then concerned and
which had unjustly involved the persons of women likewise. Thus We annul the above mentioned law" by the
authority of the present edict, 0 Auxentius, dearest and
i. Whence Your Illustrious Magnitude by the addition
of an edict shall publish this law by which the rather imprudent statement of the previous regulation is made void,
in order that it may be recognized by all persons that those
provisions which are displeasing therein have been annulled, and that in accordance with the regulation of the
former laws only that part must be observed which alone
appears approvable as taken from antiquity.
Given on the sixth day before the kalends of February at Ravenna
in the year after the fifth consulship of Valentinian Augustus and
the consulship of the Most Noble Anatolius.-January 27, 441.
TITLE 9: RESTORATION OF THE RIGHT TO

USE WEAPONS' (DE REDDITO JURE ARMORUM)
the Roman People.
As often as the public welfare demands, We consider
that the solicitude of all of you must be summoned as an
aid, in order that the provisions which will profit all may
be fulfilled by all, and We do not believe that it is burdensome to Our provincials that the regulation is made for the
safety of all that they shall undertake the responsibility of
resisting the brigands.2
Genseric, the enemy of Our Empire, is reported to have
led forth from the port of Carthage a large fleet, whose
sudden excursion and fortuitous depredation must be feared
by all shores. Although the solicitude of Our Clemency is
stationing garrisons throughout various places and the army of the most invincible Emperor Theodosius, Our
Father,3 will soon approach, and although We trust that
the Most Excellent Patrician, Our Aetius,' will soon be
here with a large band and the Most Illustrious Master of
Soldiers, Sigisvuldus,5 does not cease to organize guards
of soldiers and federated allies for the cities and shores,
nevertheless, because it is not sufficiently certain, under
summertime opportunities for navigation, to what shore
the ships of the enemy can come, We admonish each and
all by this edict that, with confidence in the Roman strength

and the courage with which they ought to defend their own,
with their own men against the enemy, if the occasion
should so demand, they shall use those arms which they
can, but they shall preserve the public discipline and the
moderation of free birth unimpaired. Thus they Ahall guard
Our provinces and their own fortunes with faithful harmony and with joined shields.6 Of course, this hope for
each man's exertions is published, namely, that whatever a
victor takes away from an enemy shall undoubtedly be his
own.
(And by the divine imperial hand.) This shall be published to Our most beloved Roman People.
(And on the margin.) Given on the eighth day before the kalends
of July at Ravenna in the year of the consulship of Valentinian Augustus and the Most Noble Anatolius.-June 24, 440.
TITLE 10: NEITHER THE DIVINE IMPERIAL

HOUSEHOLD NOR THE CHURCH NOR ANY
PERSON SHALL BE EXEMPTED FROM ANY
COMPULSORY PUBLIC SERVICE WHATSOEVER (NEQUE DOMUM DIVINAM NEQUE
ECCLESIAM AUT ALIQUAM PERSONAM A
QUOLIBET MUNERE PUBLICO EXCUSANDAM)
Justice must be preserved both publicly and privately in
all matters and transactions, and We must adhere to it
especially in those measures that sustain the sinews of the
public revenues, since such measures come to the aid of
the attenuated resources of Our loyal taxpayers with useful
equity. Very many persons reject this idea, since they serve
only their domestic profits and deprive the common good
wherein is contained their true and substantial welfare,
although such welfare clearly comes better to each person
when it profits all persons, especially since this necessity for
tribute so demands, and without such tribute nothing can
be provided in peace or in war. Nor can the continuity of
such tax payments remain any further if there should be
imposed upon a few exhausted persons the burden which
the more powerful man declines, which the richer man refuses, and which, since the stronger reject it, only the
weaker man assumes. 2
i. Therefore We correct this injustice, and under the
first heading of this sanction We decree that if any persons
should obtain landed estates that are acquired from the
ownership of the imperial household, either from My Piety
or from any of My sacred imperial kinsmen,' whether they
are acquired by a usufructuary bounty or by direct gift or
by means of exchange or of purchase, they shall undergo
the same condition of performing compulsory public services as all the other landholders. In this lot shall also be
i.
17 Nov. Val. 8, 1. Cf. 7,
2,
n.
12;
Min. Sen. n.
A stock phrase.
25.
1Ritter
1Ritter Nov. Th. 2o; CTh 15, 15.
2praedones, the Vandals as well as other brigands: CTh 7, I, I,
n. 4.
3 Theodosius II was the elder Emperor and the father-in-law of
Valentinian.
4The commander in chief of the Roman armies.
5 A German ally, who had become romanized. Nov. Val. 6, 1. Add:
also, M.-M.
Nov. Th. 21; CTh ii, i; iI, 16; 12, 6; 15, 3. The divine
imperial household means the estates of the imperial patrimony.

This law was issued in a time of national crisis. Cf. CTh 10, 25, n. 3.
2 A frank statement of the prevalent injustice, at a time when
the Roman Empire was beset on all sides by barbarians and was
in the midst of insoluble financial difficulties. Cf. Salv., De gubernat.
Dei 5, 7; 4, 6; Glossary, compulsory public services, taxes, guilds.
8 necessitudines; Galla Placidia, the mother of the Emperor, and
Eudoxia, his wife.
524 1
NVal 11-1
Dignitaries
counted those persons who have retained the usufruct for
themselves and have transferred the ownership of their
own right to the household of My venerable kinsmen4 or
of My Piety. It is Our will that all such persons shall assume the payment of tribute under the condition that they
shall vindicate to themselves nothing as immune from the
accounts of the gold tax payments or of the superindictions, if they had impetrated any such titles after the example of Our imperial household, by any sanction of a sacred
imperial regulation.5
2. By the second heading of this law, We provide that
if any person of Illustrious rank or of the Church should
be assessed for taxes, either in the most sacred City" or in
any provinces whatever, and according to the example of
Our household by some regulation should make for himself
a condition different from the other persons of the same
assessment which he appears to pay, he shall sustain the
customary burden, without any exception obtained by privilege,6 not only in the tax accounts belonging to the chest,'
but also in those tax accounts which antiquity assigned to
the portions of the sacred imperial and private treasuries."
Thus finally, We follow Our divine imperial moderation,
and to provide for the difficulty of expenses and for the
distress of the needy taxpayers, We offer the twofold
remedy of Our salutary constitution.
3. We now include in this edictal law a provision not
unlike the former ones, or rather a remedy whose usefulness
extends almost more widely, and without any distinction of
honors, persons, or privileges, We issue the general sanction that the repair of the roads and other compulsory public services of this kind .. . by the emulous zeal of all men,
whereby such services may be fulfilled both more easily and
more durably. For the Emperors of a former age and the
generosity of Our sainted Fathers bestowed such privileges
on the Illustrious titles'o in the opulence of an abundant
era, with less disaster to the other landholders. Although
even then this practice appeared unjust, still in the begin-
ning it seemed more mild. However, in the difficulty of the

present time 2 this practice is obviously not only inequitable
because of the very nature of the circumstances, but it is
also impossible for a few and very poor persons, who are
oppressed with the multiple burden of their own compulsory public services and those of others and who will be
entirely prostrated unless they are revived at some time by
the association of suitable" persons. Must it perhaps be
considered contumelious that, contrary to reason, the name
of "sordid" compulsory public services has been invented,
whereby there are designated by a vicious appellation the
building and repair of military roads, the manufacture of
arms, the restoration of walls, the provision of the annona,
and the rest of the public works through which we achieve
the splendor of public defense, without which no success
for the greatest affairs results, by whose aid We guard alike
the safety and the glory of the Empire, and not to proceed
with details, without which services no necessary work can
be accomplished?
By a repetition of the regulation of Our Clemency, We
sanction that all the privileges shall be abolished which
4
pignora, n. 3. = children(?) Galla and Eudoxia.

5 Min. Sen. n. 25.
6 Rome.
Of the praetorian
The largesses and
9 shall be expedited,
11 idonei, financially
7
8
prefect.
the privy purse.
10 Persons of Illustrious rank.
M.-M.
responsible.
were either bestowed upon dignitaries or were obtained by

the guilds of various branches of the imperial service or
which were acquired in the name of venerable religion. All
taxable property everywhere that has been assessed for
taxes which belong not to persons but to land shall be compelled without any distinction to the performance of all
compulsory public services, from the ninth year of the indiction' 2 only, as We have defined above. In whatever degree any person is of more honored rank or richer, so much
the more does he owe a more eager spirit toward his compulsory public services whose performance he knows will
be the more profitable to him, 0 Maximus, dearest and most
beloved Father."
with the vigor of your customary provisions shall bring
this law to the knowledge of all the provinces and peoples,
and you shall order that all shall speedily obtain the salutary benefit of this long awaited remedy, so that, even
though late, the loyal devotion14 of the rich and the poor
alike may the more willingly assist the crisis of the times,
since the tax payment has been equalized in just proportions.
Given on the tenth day before the kalends of March at Ravenna:
February 2o. Received on the day before the ides of March at the
aforesaid place in the year after the fifth consulship of Valentinian
Augustus and the consulship of the Most Noble Anatolius.-March
14, 441.
TITLE 11: DIGNITARIES; WHAT PERSONS

SHALL BE PREFERRED IN RANK' (DE HONORATIS ET QUIS IN GRADU PRAEFERATUR)
Storacius, Prefect of the City.
It behooves Our Clemency to strive eagerly and to act,
in order that We may sanction whatever is conducive to
magnifying the name of consular titles, since We gladly
join such titles to Ourselves also, in accordance with their
own peculiar greatness and Our reverence for antiquity.
i. It is certain that provision was made by a law2 of Our
sainted Father, Gratian, which venerable constitution gave
to the Most August dignitaries a definite order,3 so that the
honor of the patriciate and the consular insignia, if they
should be united and joined to each other by the merits of
one person, should make that person to whom both honors
fell preferable to the one who appears to have obtained
only the splendor of one of the two honors. Therefore We
have considered that it is the full measure of reason and
equity that if any person should deserve to obtain the insignia of the consulship twice, he shall be preferred4 to
those who have performed the duty of this honor only once.
But if the addition of a second dignity' should surmount
this single one, how much more must the twofold insignia
of so great an elevation and the adornments of double
curule honors be preferred to fasces that have been held
only once, 0 Storacius, dearest and most beloved Father !6
i.
12 Sept. i, 44o-Sept. I, 441.
18 Sirm. I, n. 3.
14 The regular word for prompt tax payment and the ready per-
formance of the compulsory public services.

1 Ritter Nov. Th. 48. honorati, dignitaries who had held office
and were on the list of emeriti.
2
CTh 6, 6, I.
8 Of precedence at State functions; sometimes called protocol.

4 Given precedence.
5 As consul.
6 Sirm. i, n. 3.
525 J
NVal 11-1
Dignitaries
2. Therefore Your Illustrious and Excellent Magnificence

shall recognize that We have sanctioned by this general
law, which you must publish by posting edicts, that if any
person should deserve to ascend to the heights of the consulship a second time, he shall be preferred to those who
have given their name' to the calendar for only one year,
even though at a prior time they had obtained the consulship as well as the patriciate. For if that dignity, which
appears to add a certain honor to the name of the Augustus 7
also, should be conferred a second time upon private persons," it shall rightfully excel all other honors, without any
prerogative of priority in time.
Given on the third day before the ides of March at Rome: March
13. Posted in the Forum of Trajan in the year of the second consul-
ship of the Most Noble Maximus and Paterius.-443.
TITLE
12:
MONEY
ENTRUSTED
TO
THE
AFRICANS; THEIR GUARANTORS' (DE PECUNIA AFRIS CREDITA ET FIDEJUSSORIBUS

EORUM)
Albinus, Praetorian Prefect for the second time.
If by every possible kind of humanity it behooves the
public sympathy to make wise provision, either in specific
cases or in general, for the afflicted fortunes of the Africans, who have been compelled to lose all their resources 2
through very bitter sufferings, how much more fitting it
is that their misfortunes should be alleviated by the remedies of Our Clemency against the wicked molestations of
their creditors! For since it appears that they cannot repel
the dangers of hunger otherwise than if they are restored
by foreign resources and aid, how great a hardship must it
be considered that such persons, who are destitute of all
things and in need of a precarious sustenance, should be
compelled to their injury . . .8to restore those things which
an overwhelming force 2 took away by the unforeseen violence of disaster and vindicated to itself among the spoils
of all? Certainly it is customary to assist debtors even when
their property is safe, if some disaster should happen to
them. But here, where there is the destruction of all fortunes, where even that which could be concealed through
the ignorance of the owners4 was extorted by the intolerable
tortures of the inquisitions,' could anyone doubt that a
man would surpass the atrocities of the enemy if he should
now attempt to recover from persons who are despoiled,
needy, and exiled from their country, that money which he
had delivered to them when they were in safe and flourishing times and should not scruple to exact payment of those
persons whom he ought to be ashamed not to help, 0 Albinus, dearest and most beloved Father ?'
i. For this reason Your Illustrious and Excellent Magnitude in compliance with the regulation of Our pragmatic
sanction shall know that in consideration of Our pity
7 Since the Emperor often held the consulship.
8 Persons other than the Emperor.
I Ritter Nov. Th. 22.
2 By the invasion of the Vandals.
8A lacuna, according to M.-M., who supply: to repay the debts
and that which had been wrongfully taken from them.
4
conquerors, M.-M.
5Inflicted by the Vandals on those persons who knew where such
property was concealed.
6
Sirm. I, n. 3.
toward the Africans, Our Clemency has established that

none of them shall be held liable for money that has been
lent them, in the name of written instruments or of sureties,
until the recovery of their own property, no matter who
should sue them. On their behalf, it is Our will that if any
persons are held obligated as sureties or as mandators for
them, of whatsoever kind they may be, they shall not be
disturbed, although they are customarily sued by creditors
in the name of the debtors, in accordance with the interpretation of their own decision. This general rule shall be
observed in regard to those debtors who appear to have
lost all their, property, together with their country, that is,
with the exception of those who are rich elsewhere and are
financially responsible and who must not make use of the
excuse of the wretched.
2. In regard to those matters also which have been conducted within the province' in which for the present it is
not permitted to require the customary right of suit from
any person under any title whatever of cases or litigations,
if the necessary documents have been lost or left there, no
person shall be sued, unless perchance he is evidently convicted by other proof.9 It is Our will that this regulation
shall be observed, as has been said, until that time when,
in some manner or event, the desired recovery of their own
country and their own property shall occur.
3. For the same reason of justice, it must also be observed that absolutely no interest for any period of time
shall be demanded for money that has been lent to those
persons whose misfortunes have been stated above, since
it ought to be more than enough for the creditors if, after
the restoration of the situation, they can attain the principal
of the debt.
4. In order that these regulations may be preservedo inviolate, if any person should attempt to contravene the
statutes of Our Divinity which We have issued because We
were moved to pity toward the Africans on account of their
tribulations, he shall be smitten by a fine of ten pounds of
gold. We believe that this matter can appear reasonable also
to those persons whose minds are depraved by the goads of
cupidity and who either do not wish or do not know how
to keep the path of equity.
Given on the fourteenth day before the kalends of November at
Ravenna in the year of the second consulship of the Most Noble
Maximus and the consulship of the Most Noble Paterius.-October 19, 443.
TITLE 13: FISCAL TRIBUTE; THE SACRED

IMPERIAL AUDIENCE HALL; VARIOUS MAT-
TERS' (DE TRIBUTIS FISCALIBUS ET DE

SACRO AUDITORIO ET DE DIVERSIS NEGOTIIS)
Albinus, Praetorian Prefect for the second time.
The delegation 2 of the Numidians and of the Moors of
Sitifis, which was recently dispatched by them and whose
7fidejussores, mandatores, types of guarantors.
8Of Africa.
9Unless perchance he is proved to use other evidence, M.-M.

10
Or: enforced.
1 Haenel 18; Ritter Nov. Th. 23. This entire constitution is the
reply, through the practorian prefect to a delegation of the Numidians and Moors who presented the seventeen requests that follow.
2 CTh 12, 12.
E 526 ]
NVal 13-1
Fiscal Tribute; Various Matters

duties were performed in an approved manner by the Respectable Palladius, Count, by the Most Noble .
Tribune, and by the Laudable Maximinus, Civil Priest,
has obtained from Our Eternity the regulation of this law.
Hence, because it is equitable by the benefits of Our humanity to come to the aid of provincials who are suffering
and harassed by a public disaster,8 Your Magnitude shall
recognize that the following measure of tribute shall be
expected from them: seven parts shall be remitted and the
landholder of both private and emphyteutic land shall assume the eighth part of the tax; for the aforesaid eighth,
all the tax accounts which the landholder or anyone at all
had been accustomed to pay under any name shall be reduced to one payment; the provincials of Numidia shall
pay only four thousand two hundred solidi, one thousand
two hundred military subsistence allowances, and two hundred units of animal rations. Thus the landed estates of the
divine imperial household which are held under perpetual
lease4 in the same manner shall pay an eighth part of the
silver tax also.
i. In regard to the impost 5 We establish that two of the
five percent shall be paid to the Municipalities of Rusicade
and Chullita,6 and three percent shall be paid to the sacred
imperial largesses. From the salt works, the alum works,
the sedge-grass fields, the madder grass, the steeping of
flax, and the clavi vetri," tax accounts shall be demanded by
the sacred imperial largesses only in proportion to the number of men and their ability to pay, and decurions shall be
entirely removed from this administration and responsibility.8
9
2. The fifth part also which falls to the privileges of the
household of Our Piety and of Our near kinsmeno shall be
heaped upon" all landholders, so that the promised sum
which must be paid into the chestl 2 may be fulfilled. All
this tax collection shall be administered through the provincial office staff, and the burden shall be removed from the
decurions.
3. Moreover, when the provincials pay these military subsistence allowances in commutation money's because of the
difficulty of the journey to a distant place, the commutation money for one subsistence allowance shall be estimated
at four solidi per year.
4. But in order that on an occasion of necessity no person may be allowed to sell to a soldier who is on an expedition at a dearer price than the established one,1 - We order
that the prices of necessary articles shall be paid according to the rate by which We have commuted the subsistence
8 The invasion of the Vandals.
4 The emphyteutic land mentioned above.
5 teloneum, a tax of five percent, levied primarily on imports and
exports.
6 Seaport towns of Numidia which had suffered heavy losses during the Vandal invasion. CIL 8, p. 700.
7 The text is corrupt. Some form of vetus, old, and the name of
some tax stood here originally, M.-M.
8For the collection of these taxes.
9 Reading recedit. Or: resedit, which remains among, M.-M.
10 Galla Placidia, the mother of the Emperor, and Eudoxia, his
wife.
11 As an additional tax. Cf. CTh 10, 25.
12 Of the praetorian prefect, primarily for the support of the
army.
Is Taxes were assessed in kind but might be commuted into money
payments when the required transportation was too burdensome.
14 Price fixing, CTh 14, 4, 4; Nov. Val. 36, 2.
allowance into money: that is, forty Italian measures" of

wheat, two hundred seventy pounds of meat, or two hundred Italian sextarii of wine, for each solidus.
5. But the Moors of Sitifis shall keep all the privileges
which had been formerly granteds to them by previous
Emperors, and for all tax accounts in the name of the entire annona they shall pay at the accustomed time an annual tax payment of five thousand solidi and of fifty animal
rations in the annona of the duke; for the eighth portion
they shall pay whatever the tribute shall be, except in the
case of the landed estates of the divine imperial household,
which, however, shall deliver payments after the example
of the province of Numidia.
6. We grant responses to each of the requests that have
been made known to Our ears in an approvable manner:'
namely, that it shall not be permissible for any person
generally to affix titles on his own landed estates or those
of another,17 either in the name of Our Piety or of Our
sacred imperial kinsmen 8 or of any other person, so that
even after the recovery of the provinces, if any such titles
should have been imposed, they shall immediately be put
aside by the possessor of the landed estate, and the following penalties shall await the persons who imposed such
titles, namely, that if any person should place such titles
upon his own farm, he shall be compelled to pay five pounds
of gold to Our fisc; if he had placed such titles on the farm
of another, he shall forfeit the right of recovery in any
case that may be available to him, and he shall pay ten
pounds of gold if he should be convicted of having placed
such titles.
7. It is also to the interest of the public welfare that the
harassed provinces shall not be ruined by extraordinary
corrupt solicitation. Therefore,19 with the exception of the
duke or governors with the rank of consular or praeses,
who by the privilege of antiquity hold the title of judges
ordinary, Your Sublimity shall permit no persons to aspire
to be dispatched to such provinces as confidential agents 20
of the coasts, or any other person to be so dispatched under
the pretext of any action there.
8. In order that no person from the small number of
coloni should suppose that he should be exempted by the
privilege of the clergy or of the imperial service, you shall
command to be observed the regulation of the previous
law,"- which prohibits such exemption.
9. Moreover, the privileges that have been previously
granted to the plebeians of the municipality of Constantinia
and to its decurions must be preserved, so that no person
shall be permitted to appropriate for private uses the water
that was assigned to the municipality. Public places also

must be restored to their original ownership if they are being held by any person without a statutory regulation.
For advocates who remain within Africa, the periods of
time that were interrupted by the incursions of the barbarians must not be computed in their number of years of service, and when they have completed their years of service,
they shall nevertheless attain the honor of the rank of
Most Noble.
10. We have also been moved by their just allegations,
12, I, 64; 6, 27, 16; 8, 4, 28; CJ 10, 32, 27.

As indicated at the beginning of this Novel. Cf. CTh 2, 14.
18 CTh 2, 14.
19 Likewise, M.-M.
20 CTh 6, 29.
21 The reference is uncertain, but cf. CTh 12, 1, 64; Nov. Val.
16 CTh 7, I, 6;
17
35, 3.
22
Twenty years: Nov. Val. 2; Nov. Th. io.
527 1
NVal 13-1
Fiscal Tribute; Various Matters
and We willingly consent that, because the number of members of the municipal senates has been reduced to a few by
the public misfortune,' the execution of the municipal public records shall be valid if they should be written by the public clerk2 3 in the presence of three decurions.
II. For a just reason We nullify the written acknowledgments of debt that were issued in the name of expenses for24
the Respectable Octavianus, 2 1 since the causes of these acknowledgments have been investigated through Our highest officials.
12. If any persons within the provinces of Africa that
belong to Our control should appeal from the sentence of
any judge, they shall know that they must litigate on the
appeal in the court of the Illustrious prefect of the City,
since the office of the trial judge, as anciently decreed, ceases
to have power; but because they are in a transmarine region,
they must be granted a delay in time for a year.
13. In accordance with the justice of the aforesaid petition' We salutarily ordain that, since military operations
are especially necessary at a time when the soldiers are
established on a frontier and always resist opportunely the
incursions of the barbarians, they shall be denied the right
to wander away from these places. However, those soldiers
whose households and landholdings are in the inland area
shall not be excluded entirely from their own domiciles,
but throughout the course of a year such soldiers must be
granted a leave of one month.
14. It shall be the responsibility also of the duke of the
province that no person shall be permitted to have armed
men for the purpose of harassing the remnants of the provinces," except perhaps those persons who at their own
risk, because of their laudable animosity toward the enemy,
have promised their own bands of men and their own forces
for the common welfare. We decree that the spirit of such
men shall be thus aroused, namely, that they shall have for
themselves whatever booty of the enemy they have acquired, with the exception of the men 26 whom the provincials prove that they have lost.
27
15. Before the expiration of three months, judges who
have completed their administration shall be denied the
right to depart from the province which they ruled, so that
either they may in the presence of the provincials enjoy the
praises of deeds well done, or at any rate, if they should
be proved to have guilty knowledge of any plundering, they
shall not withdraw by the sudden swiftness of their departure, 0 Albinus, dearest and most beloved Father.2
16. Therefore Your Illustrious and Excellent Magnificence by posting edicts shall publish to the delegation' 7 of
both provinces the benefits of the present law, in order
that those who have been relieved may know what has been
granted to them, that the judges may enforce the statutes,
and that those persons who have been prohibited may not
corruptly solicit things that have been interdicted.
Issued on the eleventh day before the kalends of July at Rome
in the year of the sixth consulship of Valentinian Augustus and
the consulship of the Most Noble Nomus.-June 21, 445.
25
publicus exceptor.
by, M.-M.
these remnants, M.-M.
26
27
The governors, who were the judges ordinary. Cf. CTh 1, 34, 3.
23
24
TITLE 14: INCOME THAT HAS BEEN EXPENDED BETWEEN HUSBAND AND WIFE
SHALL NOT BE RECKONED TO THE ACCOUNT OF THEIR CHILDREN AND HEIRS'
(DE FRUCTIBUS INTER MARITUM ET UXOREM EXPENSIS FILIIS VEL HEREDIBUS NON
IMPUTANDIS)
I. Our Lords the Emperors Theodosius and Valentinian
Augustuses to Albinus, Praetorian Prefect for the second

time.
We recognize gratefully that the Most August Senate is
mindful of its own authority, since its counsel always resists evil circumstances. Hence it is that the Senate recently
entrusted to Illustrious and Sublime men, whom the welfare of the public needs had demanded to be called to the
most sacred imperial court, matters2 that should be reported
to us, in order that a usurpation abhorrent to' all honorable
usage might no longer obtain force.
I. For We learn that certain women after the death of
their husbands have despoiled their own children by bringing a disgraceful action when they sought from them the
income from their patrimony which certainly must be
estimated as having been consumed in common while the
marriage existed, in that well known equality of living.'
We do not believe that the account of such income, since
it is involved and confused, can be investigated according
to truthful reliability. Since We know that it happens
rather frequently that the adornment of a matron requires
greater expenditures, and since men, after the death of their
wives, never suppose that they should bring any such claim'
against their common children, it is hard that such things
should be granted only to the license of women.
2. Therefore, 0 Albinus, dearest and most beloved
Father, 6 Your Illustrious and Excellent Magnitude shall
know that by this edictal law We have sanctioned that if
one person should survive from the union of a marriage,
such survivor shall not suppose that the heirs of the deceased should be sued in litigation in regard to such recovery of income. For it is Our will that both wives and
husbands shall be held bound by this condition. For whether
a dowry was interposed or was not presented, every suit
for such recovery and reckoning shall cease.
3. Moreover, Your Magnitude by posting edicts throughout the provinces shall cause to come to the knowledge of
all this law which will profit the welfare and harmony of
the human race.
Given on the third day before the ides of September at Ravenna
in the year of the eighteenth consulship of Our Lord Theodosius
Augustus and the consulship of the Most Noble Albinus.-September II, 444.
INTERPRETATION.
If a man should die and his wife

should survive, the mother shall afterwards have no right
to recover from their common children or from the heirs
the income that appears to have been expended while the
marriage existed. But if a wife should die while her husband is living, the husband is commanded to be constrained
by the same law, so that he himself shall demand from the
children or the heirs of his wife absolutely nothing from
the income that was expended in common.
1 Haenel 13; Ritter i; Brev. i.
2 A matter, M.-M. Cf. Min. Sen., nn. 55,
58.
Slaves and coloni.
28 Sirm. I, n. 3.
84 that should be abolished from, M.-M.
Where husband and wife shared the living expenses equally.

5 Masculine exaggeration.
6 Sirm. I, n. 3.
E 528 J
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TITLE 15: THE TAX COLLECTION OF SILIQUAE' (DE SILIQUARUM EXACTIONIBUS)
1.2 Emperors Theodosius and Valentinian Augustuses ...
Whenever unending deliberations crowd upon the mind

of Our Piety, that We may seek the assistance of a public
remedy,3 the solicitude of Our Serenity perceives, just as
We do not doubt that it occurs to the thoughts of all men,
that nothing is so necessary as that the strength of a numerous army should be prepared for the exhausted circumstances and the afflicted condition of the State.4 But neither
have We been able, through various kinds of expenditures
to effect the arrangement of a matter so salutary, in which
must be placed the foundations of full security for all, nor
has any person been found who will regulate5 this matter
by his own efforts. And thus by experience itself, neither
for those who are bound by new oaths of military service,6
nor even for the veteran army can those supplies seem to
suffice that are delivered with the greatest difficulty by the
exhausted taxpayers, and it seems that from that source
the supplies that are necessary for food and clothing cannot
be furnished.7 Unless the soldiers should be supported by
trading," which is unworthy and shameful for an armed
man, they can scarcely be vindicated from the peril of
hunger or from the destruction of cold. Wherefore, the
mind of Our Serenity seethes as to the remedies that must
be provided for these difficult times. For if We require
these expenses from the landholder, in addition to the
other things which he furnishes, such an exaction of taxes
would extinguish his last tenuous resources. On the other
hand, if We should demand this from the merchants, they
would be oppressed by the huge mass of so great a burden
and would necessarily be overwhelmed. While Our mind
was fluctuating between these alternatives, We found this
way, which in the first place, by its very easy fulfillment,
will produce great gains for the public revenues, and in
the second place, it would apply to all persons and thus
would remove intolerable expenses from the few. Thus it
would be without a sense of loss, so that no person will
complain that he is especially afflicted, since more can be
acquired hence for the public welfare, and nothing impossible can be demanded from the scanty remnants of the
landholders and the miserable insufficiency of the tradesmen.9
i. It is Our pleasure, therefore, that on every sale, one
half a siliqua per solidus shall be paid to the public revenues
by the buyer, and likewise one half a siliqua by the seller
in every contract. In the case of all movable and immovable
property, sales and purchases shall be made only under such
a condition.
2. So good an execution of this plan cannot be suitably
effected unless definite persons, who must be placed in
1 Haenel, Nov. Th. 27; Ritter Nov. Th. 51; Cassiodorus, 4, ep. 19.
A sales tax. Much of the text is corrupt.
2 The siliqua was a twenty-fourth part of a solidus and a tax
of a siliqua per solidus would be a little more than four per cent.
Cf. Nov. Th. 22, 2,
2; Nov. Val. 34, 2; Nov. Maj. 7, 16.
3 A remedy for the condition of public affairs.

The Empire was being devastated by the barbarian invasions.
5 The ms. is mutilated and part of the text is missing.
6 The new recruits.
7 people appear to suffice and the necessaries be furnished therefrom for food and clothing, M.-M.
8 negotiatio, trading, trafficking, business, activity.
9 The two chief sources of imperial revenue.
charge of this compulsory public service,10 shall be chosen

by the common counsel and discussion of Our highest officials. This judgment of selection shall be preserved" with
regard to those persons who wish to be chosen as substitutes
in the places of others by the increase of additional members.-2 Therefore We decree by this edictal law that for
each kind of business transaction one person each shall be
placed in charge, who has been approved as suitable to
sustain this office by his trustworthiness and industry. Indeed, when the management of all commodities has been
distributed, it is more advantageous, as is customarily done
in such matters, to remove the obscurity of confusion and
to declare openly and clearly what each person shall pay
for the right to conduct the buying and selling of merchandise.
3. Moreover, every contract shall lack validity if it should
be entered into secretly by either a buyer or a seller, to
the fraud of the law. In order that this may not be done,
We provide in this manner that a contract that has been
entered into with respect to immovable property shall be
established in the municipal public records, but a contract
for movable property shall be transacted by the issuance
of written instruments.' 3 The person who has been placed
in charge of this compulsory public service10 shall declare
that he has obtained that which has been decreed through
this law for the public advantage, so that if the receipt
should be lost after one year, no investigation shall be required.
4. If any such tax collector should be summoned by the
tax accountant or by the contracting parties and should
delay coming for the public records, that which must be
paid according to the law of this edict shall be paid to the
decurions, and the sale shall thus rest upon perfect validity.
Moreover, if that person who has been placed in charge of
this matter, in the hope of his own gain should suppose
that the public welfare should be deferred, he shall be afflicted with a penalty such that he himself shall pay to the
resources of the fisc as much as would have been paid to
the public treasury by the contracting parties from that
contract for which he had refused his presence. The municipal magistrates and decurions shall provide for the exaction of such sum from him. Neither the municipal senates
nor the governors'" of the provinces shall escape this punishment if they themselves should defer the public emoluments by any fraud or collusion.' 5
'5. It is Our will that these regulations, which We so
salutarily ordain, shall be observed in one and the same
way in all provinces and cities. This will be accomplished
without the impediment of any error, if definite markets
are ordained for the municipalities and their territories.
For We order that both in the towns and in the districts, at
a definite place and time, by a manifest definition the rule
shall be established in regard to property that is to be bought
and sold, through the regulation of the dignitaries and also
of the municipal senates and the citizens in the presence of
the governor 4 of the province. Therefore no merchant shall
be allowed in general to undertake the sale of the wares of
his business, contrary to the observation of this regulation,1 6
11 renewed, M.-M.
Or: by the increase produced by such selection.
10 Of tax collection.
12
13 pittacia, written memoranda.

14 moderatores.
15 The customary
16
corruption of the time, CTh
2, 29, n.
I.
business contrary to the common usage, except, M.-M.
[ 529 J
NVal 15.1
Tax Collection of Siliquae
except at the designated places and the established times.

Thus a definite account of the buying and selling can be
established at the place where the right to buy and sell has
been assigned by the agreement of the provincials, and the
diligence of those persons who have been placed in charge
of the matter"o can the more easily find that which We have
established above must be paid. But those things which
must be fulfilled from these and must be more accurately
ordained, the Most August . . .
(Between September II, 444 and January 18, 445.)'i
TITLE 16: THE PRICE OF A SOLIDUS; NO

PERSON SHALL REFUSE A PERFECT SOLIDUS' (DE PRETIO SOLIDI ET NE QUIS SOLIDUM INTEGRUM RECUSET)
the Roman People.
A frequent complaint of criminal audacity has come to
Us, 0 Quirites, that, to the contumely of Our ancestors,
solidi stamped with their names are being refused by all
buyers. This offense We do not allow to be long unpunished.
Therefore in accordance with this edict, the whole world
shall recognize that capital punishment awaits any person
who should suppose that he should refuse, or should estimate at a smaller price, a gold solidus of full weight, either
of My Lord and Father, Theodosius,' or of Our sacred
imperial kinsmen' or of the former Emperors. Moreover,
the Illustrious prefect of the City and his office staff shall
be subject to a penalty of ten pounds of gold, if any person should be proved to have contravened this statute.
i. In accordance with this regulation, it is Our will that
this rule shall be perpetually retained, namely, that never
shall a solidus be sold for less than seven thousand nummi
if it was bought from a money changer for seven thousand
two hundred nummi. For uniformity of price' shall protect
both the welfare of the seller and the established prices of
all salable goods.
2. In order that fraud shall be abolished entirely in regard to weights also, standards of weight5 will be given by
Us. These must be observed without fraud under the threat
mentioned above.
(And by the divine imperial hand.) This law shall be published
to Our most beloved Roman People.
(And on the margin.) Given on the fifteenth day before the
kalends of February at Rome in the year of the sixth consulship of
Valentinian Augustus.--January 18, 445.
TITLE 17: THE ORDINATION OF BISHOPS'
(DE EPISCOPORUM ORDINATIONE)

i. Our Lords the Emperors Theodosius and Valentinian
Augustuses to the Illustrious Aetius, Count and Master of
both Branches of the Military Service and Patrician.
It is certain that the only protection for Us and for Our
17 The date of the Novel that precedes and of the one that follows (Nov. Val. 14 and 16).
1 Haenel 14; Ritter Nov. Th. 25; CTh 9, 22.

2 The elder Emperor, father-in-law, and colleague of Valentinian.
* Price fixing.
B Galla Placidia and Eudoxia.
5 exagia, standards of weight, weights, scales, balances. Cf. CTh
14, 4, 41 Haenel i6; Ritter Nov. Th. 24. This constitution is of fundamental importance for the history of the Gallican Church and the
primacy of the See of Rome. Cf. 6, 5, nf. i, 85.
Empire is in the favor of the Supernal Divinity, and that

for obtaining this favor, the Christian faith and venerable
religion especially support us. Therefore, since the primacy
of the Apostolic See has been confirmed by the merit of
Saint Peter, who is the first of the episcopal crown,2 by the
dignity of the City of Rome and also by the authority of a
sacred synod,' no illicit presumption may strive to attempt
anything contrary to the authority of that See; for the peace
of the churches will finally be preserved everywhere only
if the Church universal4 acknowledges its ruler. Although
these regulations had been inviolably observed until the
present time, Hilary of Arles, as We learn from the trustworthy report' of the venerable Leo, Pope of Rome, has
attempted, with contumacious audacity, to presume certain
illicit acts, and therefore an abominable tumult has invaded
the transalpine churches; a recent example especially testifies to this fact.
i. For Hilary, who is called Bishop of the Church of
Arles, without consulting the Pontiff of the City of Rome,
has appropriated the ordination of bishops that was not due
to him, by the rash lawlessness only of a usurper. For some
bishops he has removed without due authority; others he
has ordained unsuitably, although the citizens were unwilling and opposed. Since such bishops were not readily received by those who had not chosen them, he gathered to
himself an armed band, and he either encircled the enclosures of the walls by a siege, in the manner of an enemy,
or he opened them by an attack, and he who was to preach
peace led his band to the abode of peace through wars.
2. Since such crimes were committed both against the
majesty of the Empire and against reverence for the Apostolic See, through the order of that religious man, the Pope
of the City,' a trial was duly conducted, and a definite
sentence was rendered against Hilary in regard to those
bishops whom he had wrongfully ordained. The sentence
itself, indeed, was to be valid throughout Gaul, even without an imperial sanction. For what should not be granted
to the authority of so great a Pontiff over the churches?
But this reason has also inspired Us to make this regulation, in order that neither Hilary, who is permitted until
the present to be called bishop only by the humanity of his
merciful superior,7 nor any other person shall be allowed
any further to mingle arms with ecclesiastical matters or to
oppose the regulations of the Bishop8 of Rome. For by such
audacious deeds fidelity and reverence for Our Empire are
violated.
3. Not only do We abolish this practice, which is a deed
of the greatest criminality, but lest even a slight disturbance
may arise among the churches or lest in any particular the
discipline of religion may appear to be diminished, by this
eternal sanction We decree that both the bishops of Gaul
and those of the other provinces shall not be permitted to
attempt anything contrary to the ancient custom, without
the authorization of the venerable Pope of the Eternal City.
But if the authority of the Apostolic See has sanctioned or
should sanction anything, such regulation shall be as law
for them and for all men. Thus if any of the bishops should
a corona, crown,
dignity, rank. Cf. coronati, CTh 16, 2, 38.

* Of Nicaea, in 325, Canon 6; and of Constantinople, in 381,
Canon 3.
4 universitas, the entire group, the whole world, the whole Church.
5 relatio, reference of a case to the Emperor, by Pope Leo I. Cf.
CTh II, 29.
6 Rome.
7 praesul, the Pope.
[ 530 ]
8 Antistes.
NVal 19-1
Homicide, Committed by Accident or Not

be summoned to the court of the Bishop' of Rome and
should refuse to come, he shall be compelled through the
governor" of the same province to be present. In all matters,
the privileges which Our sainted ancestors conferred upon
the Church of Rome shall be preserved, 0 Aetius, dearest
and most beloved Father.1 0
4. Whence Your Illustrious and Excellent Magnificence,
in compliance with the authority of the present edictal law,
shall cause to be observed the regulations that were established above. A fine of ten pounds of gold shall immediately
be exacted of each and every judge who permits Our commands to be violated.
(And by the divine hand.) May the Divinity preserve you
throughout many years, dearest and most beloved Father.'o
year of the sixth consulship of Valentinian Augustus and the consulship of the Most Noble Nomus.-July 8, 445.
TITLE 18: THE MANICHAEANS

CHAEIS)
(DE MANI-

time.
That superstition which was condemned also in pagan
times, which is hostile to the public discipline and an enemy
to the Christian faith, has not undeservedly provoked Our
Clemency to its own destruction. We are speaking of the
Manichaeans, whom the statutes' of all the former Emperors have adjudged execrable and worthy of expulsion
from the whole world. Their crimes which have been recently detected do not permit Us to disregard them. For
what things that are obscene to tell and to hear have been
revealed by their very manifest confession in the court of
the most blessed Pope Leo, in the presence of the most
august Senate! Thus even the man also who was said to be
their bishop both betrayed with his own voice and wrote
out all the secrets of their crimes.2 This matter could not
escape Our notice, since it is not safe for Us to disregard
so detestable an outrage to the Divinity of God and to
leave unpunished a crime whereby not only the bodies of
deluded persons, but also their souls, are inexpiably polluted.
I. Whence, 0 Albinus, dearest and most beloved Father,
Your Illustrious and Excellent Magnificence shall know
that We have decreed by this law, which shall live forever
and which you shall cause to come to the knowledge of
all the provinces by posting edicts, that if any of the Manichaeans should be apprehended anywhere in the world, he
shall receive, by the authority of the public severity, the
penalties which the laws have sanctioned against persons
guilty of sacrilege.
2. This heresy shall be a public crime,' and every person
who wishes shall have the right to accuse such persons
without the risk attendant upon an accusation.5
3. It shall not be licit and safe for any person either to
conceal such persons or to connive at them, since all the
constitutions' of the former Emperors in regard to such

heretics have been confirmed by Us, so that all men shall
know that by this edictal law that has been published the
Manichaeans shall be deprived of the dignity of the imperial service and of the right of residence in the cities, in
order that no innocent person may be ensnared by the intercourse and association of such persons. They shall neither
take nor leave6 inheritances, but such inheritances shall be
added to the resources of Our fisc. They shall not seek by
any fraud that which We publicly forbid them. They shall
forfeit the right of action for outrages against them; they
shall have no freedom of contract at all.
4. The primates of every branch of the imperial service
and of every office staff shall be punished with a fine of
ten pounds of gold, which shall be exacted by your apparitors, if they should permit any person polluted by this
superstition to perform imperial service. For it does not
appear that anything too severe can be decreed against those
persons whose unchaste perversity, in the name of religion,
commits crimes that are unknown and shameful even to
brothels.
Given on the thirteenth day before the kalends of July at Rome
in the year of the sixth consulship of Our Lord Valentinian Augustus and the consulship of the Most Noble Nomus.-June 19, 445.
[INTERPRETATION:] This law does not need interpreta-
tion.
TITLE 19: HOMICIDE, WHETHER COMMITTED BY ACCIDENT OR NOT' (DE HOMICIDIIS,
CASU FACTIS NECNE)
Augustuses to the Illustrious Maximus, Patrician.
We loathe all criminals, and especially those who are polluted with human blood and whose audacity is increasing
because they are granted impunity through simple or even
personal rescripts.2 Monstrous to say, through ignorance
We are protecting crimes by Our defense of them! But
how great a wrong it is that the craftiness of punishable
and surreptitious statements delude Us, in Our preoccupation with public affairs, since such rescripts are issued without the knowledge even of the Illustrious quaestor,2 whom
We have established as the guardian of the justice3 which
no divine imperial response must lack!
I. Therefore We justly prohibit rescripts that have been
wrongfully usurped, and by this edictal law We sanction
that pardon shall not otherwise be granted for homicide,
which, however, the confession of the supplicant ascribes
to accident, except by the annotation of Our Divinity,
since the crimes will be rather rare that will come under
Our judgment, and clemency will not be extended except
after investigation of the circumstances.
2. Nevertheless, after Our annotation has come to the
tribunal of any trial judge whatsoever, We order that the
trustworthiness of the supplication to Us shall be carefully
investigated, so that if it should appear that homicide has
6
9 moderator.
1 Haenel 17; Ritter
10 Sirm. I, n. 3.
CTh 16, 5; 16, 7, 3; 16, lo, 24; Sirm. 6;

12; Brev. 2; Collatio 15, 3; Leo I, Epist. 8 (2) ; 15 (93); Sirm. 5;
2;
Prosper, Chron. ad annum 443. Cf. 16, 5, nn. I, 85.
2 An oral and written confession.

8 Sirm. i, n. 3.
4A
crime that could be prosecuted by any person.
5 CTh 9, 1.
By will, CTh 6, 5, 40.
1 Ritter
3; Brev. 3; Lex Visigoth. 6, 5, I; Lex Rom. Burg. 2, 2.

2 Min. Sen., n. 25. The quaestor acted as an imperial secretary
and composed all imperial documents. Apparently many rescripts
were forged. Simple rescripts were those that were signed by the
quaestor only, as contrasted with special annotations, which were
signed by the Emperor, G. Cf. Min. Sen., n. 25; NTh 17, n. 23.
3 Our justice, M.-M.
E 531 1
NVal 19-1
Homicide, Committed by Accident or Not
been committed, either by accident or because of the necessity of avoiding death, pardon shall be granted to those
persons who so supplicate, but punishment shall immediately smite those who are apprehended in lies. For it is Our
will that pardon shall be granted only in the case of those
persons in whose lapses fortune alone can be blamed. Moreover, if homicides have proceeded to the murder of a man
or if any persons are guilty of other capital crimes because
of a nefarious intention, they shall not be permitted to be
absolved even through Our annotations.
3. If the Respectable master of the bureau 4 should grant
forbidden responses to supplicants, he shall be compelled
to pay a fine of five pounds of gold to Our sacred imperial
treasury. If a secretary5 also of any bureau whatever should
prepare a rescript contrary to Our prohibitions, he shall be
deprived of his imperial service and punished with exile by
relegation for five years. For if it is not right for the guilty
to obtain anything through Our annotations, much more
do We forbid them to impetrate it by means of simple rescripts, 2 0 Maximus, dearest and most beloved Father.6
4. Therefore Your Illustrious and Excellent Magnificence by posting edicts shall order to be published to the
knowledge of all this sanction which is necessary to the
human race, so that no person may be ignorant of Our
salutary constitutions.
(And by the divine hand.) May the Divinity preserve
you through many years, dearest and most beloved Father.b
Given on the sixth day before the ides of December at Rome in
the year of the sixth consulship of Our Lord Valentinian Augustus
and the consulship of the Most Noble Nomus.-Decenber 8 (io),
445Posted on the day before the ides of December in the Forum of
Trajan in the year of the aforesaid consulships.-December r2, 445.
INTERPRETATION: This law commands that if any person
should fly to the Emperor, asserting that he had perpetrated homicide by accident-for homicide had not been
voluntarily committed by him-and if through supplication he should be able to impetrate pardon from the Masters
of the State, a special investigation must be held by the
governorT of the province where that accident has occurred, and if the statement of the supplicant should be
reliable, he shall receive the pardon which has been thus
extended. But if after an investigation has been held, he
should be convicted of having committed homicide voluntarily, he shall receive the same punishment as that which is
stated in the laws on homicides: that is, the rescripts which
he has impetrated shall not be valid, and he shall be smitten
with a sentence of capital punishment. The law itself makes
clear the rest of the provisions established.
TITLE 20: GUILD MEMBERS OF THE CITY OF

ROME WHO HAVE PASSED TO THE IMPERIAL SERVICE OR TO THE CLERGY SHALL BE
RECALLED' (DE CORPORATIS URBIS ROMAE
QUI AD MILITIAM VEL AD CLERICATUM
TRANSIERINT REVOCANDIS)
Auxentius, Prefect of the City for the second time.
4 Of
5 memorialis, secretary of the bureau of petitions, secretary of a
bureau.
6 Sirm. I, n. 3.
15;
Given on the eighteenth day before the kalends of May at Rome

in the year of the sixth consulship of Valentinian Augustus and the
consulship of the Most Noble Nomus.-April 14, 445.
TITLE 21: TESTAMENTS'

TIS)
(DE TESTAMEN-
1.2 Our Lords the Emperors Theodosius and Valentinian

time and Patrician.
Our sainted uncle' formerly embraced the advantages of
testaments in a general law, and he judged that the formulas of the ancient law and the empty accumulation of words
are not necessary. He established that a will is absolutely
valid when husbands and wives seek from Our imperial
altars' that the survivor shall succeed to the one who dies
first.
I. But since the Respectable Leonius, even though he
was protected by the ancient constitutions, preferred as a
suppliant to await Our decision, We embrace this opportunity to renew the law8 of Honorius, and We decree by
this salutary regulation that if the agreement of husbands
and wives with each other or the agreement of any persons,
by offering supplications to Our Serenity, should desire
that the surviving person should become the heir of the
one who has been overtaken by death, such a wish shall
remain so ratified and so valid that nothing shall be considered stronger, and it shall be sufficient that this agreement has come to Our august knowledge, even though no
rescript should be issued in regard to this matter.
2. For although all persons are permitted to compose
their last wills in accordance with the civil and praetorian
law, although they are permitted through nuncupation, although they are permitted by means of the municipal public records, without doubt that will shall remain even more
valid which shall be established by the testimony of the
Emperor and his subscription, provided, however, that no
later will of the deceased should be extant.
3. But Leonius and his wife, Jucunda, vied with each
2 As prefect of the City for the second time.
petitions.
1 Haenel
Our Clemency must salutarily ordain whatever things

provide for the welfare of the most sacred City. Therefore
We have followed the prudent report of Your Magnitude,
which has been approved by the double fasces, 2 0 Auxentius, dearest and most beloved Father.8 Your Illustrious
Magnitude shall learn the tenor of this Our pragmatic sanction and shall know that if a guild member of the City
of Rome should not have completed the order of the service
which he has begun, and if he should suppose that he should
be transferred to the cincture of office of any imperial service whatever before he has completed his terms of service4
and has arrived at first place among his own fellow guild
members, he must be recalled to that guild to which he had
previously dedicated his name. Even if he should be found
in the number of the clerics, the conditions of the same
regulation shall be observed, even to the rank of subdeacon,
so that wise provision may be made for the necessities of
the venerable City by the restoration of such services,4 in
accordance with this salutary constitution.
Ritter Nov. Th. 26; CTh 14, 2; Symmachus, Epist.
10, 27.
3 Sirm. I, n. 3.
1 Haenel
20;
2 Brev. 4,
1.
4 As
a guild member.
Ritter 4; Nov. Th. 16; CTh 4, 4; Brev. 4.
- Honorius, CJ 6, 23, ig; CTh r, 2, 12; 2, 1g, 6; 8, r7, 4.

4 From the Emperor himself who was divine, Min. Sen.. n. 15.
532
NVal 21*2
Testaments
other in so great mutual affection that they both poured
out their supplications to Us at the same time and requested
the right that accrues to parents on account of their children,' and because of the uncertainty of human destiny,
they petitioned that the surviving husband or wife should
be the heir of the other. Although it was unnecessary, they
added the request that they might obtain the right and permission for succession on intestacy, since the very fact
that they equally presented their supplications to Our Serenity is an especial kind of testament. Furthermore, just
as the documents appended to their supplications have
shown, although they have established their last will with
the same wishes in the scroll of one document, the will
has been corroborated by the subscriptions of seven witnesses. We decree by the regulation of this law that eternal
validity shall be granted to such will. For it cannot be
called inheritance-hunting6 since there is the same affection
between the two persons and a simple conscientiousness in
them when they thus execute their testaments, and since
all persons are now permitted to dictate their last will in
any manner and in any words, just as is made clear by the
statutes of those Emperors who by their sanctions and their
superior jurisprudence have abolished the ambiguities of
the ancient law.
4. Wherefore, because the minor details and the obscurity
of ancient custom have been abolished and only the intention
of deceased persons must be considered, in which there will
be complete validity if it is protected either by seven or by
five witnesses,' and because the Respectable Leonius, in addition to the trustworthiness of the former common supplications of himself and of his wife, is also protected by
another will which is strengthened by the subscriptions of
witnesses, the entire inheritance of his wife, Jucunda, shall
remain permanently in his possession. Whoever should so
prefer may have the unrestricted right to make such testaments by presenting supplications to Us.
5. In accordance with the edict 8 of the sainted Hadrian,
the heirs of such persons shall obtain the hereditary items
of property and shall not sustain the necessity of petitioning for the possession of the goods, since We relax this
requirement generally for all persons.
6. Nevertheless, in order that We may not be supposed to
have protected this kind of testament more than is just, if
any person should suppose that either a complaint on the
grounds of inofficiosity or an action on the fact that he has
been passed over in a will is available to him, We preserve
both of these actions according to the provisions of the
law and the statutes, 0 Albinus, dearest and most beloved
Father.10
7. Therefore, Your Illustrious and Excellent Magnificence by posting edicts shall order this most salutary sanction to come to the knowledge of all immediately, so that
it can easily be recognized that it is Our especial care to
originate and to preserve the laws.
5 jus liberorum; cf. CTh 8, 17, 3; CJ 8, 58; Ulpian 16, I; Isidor,
Origg. 5, 24; Formulae Visigoth. 24; Formulae Andecav. 41.
6 captatorium.
7 According to the respective requirements of the civil law and
the praetorian law, Nov. Th. 16, 2; Nov. Val. 21, 2; Burg. Rom.
45, 2; MGH, Capitul. I, 216, n. 4.
8 This edict was finally abolished by Justinian in 531, CJ 6, 33, 3.

9 This paragraph originally stood in Nov. Val. 21, 2, the following constitution, after the end of f[i, and was copied here by a
mistake of the scribe, M.-M.
10 Sirm. I, n. 3.
Given on the twelfth day before the kalends of November at Rome

in the year of the third consulship of the Most Noble Aetius, Patrician, and the consulship of the Most Noble Quintus Aurelius Symmachus.-October 21, 446.
Posted in the Forum of the sainted Trajan. Placed before the

edict"1 of Albinus, Praetorian Prefect for the second time and
Patrician.
INTERPRETATION. This law contains more fully than the
other titles on testaments the provision that if persons who
are married should not have children, whether the husband
should wish to leave his wife as heir or the wife, her husband, each may leave the other as heir, and this right is
called the right that accrues to parents on account of their
children.' Even if they should prefer to establish their
wills in one document, so that each in turn may write the
other as heir, the one who survives the other shall vindicate the property which has been left, according to the
order of this law, but in such a way, nevertheless, that if
there should be a complaint on the ground of inofficiosity,
such action shall be preserved for those persons to whom
the law grants it.
The same Augustuses to Albinus, Praetorian Prefect

for the second time and Patrician.
Since We know that the sainted Emperors as well as
Our Clemency have frequently found in supplications to
Us the incitement for originating laws, it is Our pleasure
to issue a sanction which will profit all persons, on the basis
of an incident which recently occurred.
When the Illustrious lady Micce wished to name as her
heir the Illustrious lady Pelagia but did not have the opportunity to secure witnesses, she made known her wish
in regard to the aforesaid woman in her last will by means
of a holograph document. For,"8 because it was the only
thing which could be permitted rather secretly to a dying
woman, she confidently entrusted this page, as the indication of her will, to the Respectable Caesarius, Tribune and
Secretary, the son of her own brother, since the honor of
his birth status and his respect for the near kinship would
constrain him to keep faith with the deceased woman. Indeed, her care in her selection did not fail the testatrix;
Caesarius complied with the wishes of his aunt. Mindful
of the law and his own conscience, he published the document which had been entrusted to his fidelity, with the
same sincerity with which he had received it. But since the
Illustrious heiress was alien to the corruption of greed, she
took nothing from the succession, she vindicated nothing
from the goods of the inheritance, but she remained within
such bounds of modesty that she annexed to her supplication to Us" the decision of the last will, and she did not
consider herself as an heir until We should approve the
justice of her cause. Therefore We have reviewed all the
circumstances, and We corroborate the will of the deceased
woman, to which she was not permitted to have any witnesses except her brother's son and her own writing. Therefore the Illustrious lady Pelagia, for the part 5 for which
she was written as heir, shall obtain possession, in accordance with the will of the deceased woman.
I. Nevertheless, in order that We may not deny the
salutary assistance of this statute to the human race, by a
law which shall remain continuously valid We decree that
2.12
11
Sirm. 12, n. 8.
12 Brev. 4, 2; Lex Visigoth. 2, 5,
13 Omit: for, M.-M.

15 Of the inheritance.
3; 2,
5, 16; Burg. Rom. 45,
14 To the Emperor.
[ 533
NVal
Testaments
21-2
if any person should prefer to order his last will through

a holograph document, he shall have the unrestricted right
to do so. For in many cases it often happens that the opportunity to secure the statutory number of witnesses is
denied dying persons. Such persons will have grounds for
complaint"' about Our laws, if in the very midst of the
perils of their failing life, they should not be permitted
to write with the letters of their own hands those persons
whom they wish as heirs. For in the case of some persons,
the necessity of journeys removes the opportunity to secure
witnesses, in the case of others, the solitude of their villas,
in the case of others, a voyage which has been undertaken
with only slaves as companions." Others are prevented
from making wills"' by those persons who customarily
guard such sick persons as though they were enclosed in
locked rooms. Hereafter, by the benefit of Our sanction,
no person shall die intestate if he should have the desire to
make a testament. We open the way widely for last wills;
if holograph testaments should be executed by hand, We
do not consider witnesses necessary. For in order that the
person written as heir in such a manner may be placed in
possession of the goods of the inheritance, after he has
proved the authenticity of the writing, it shall be sufficient
for him to assert the trustworthiness of the circumstances,
even without witnesses, provided only that he shall demonstrate the agreement of the other circumstances which the
sanctions of the ancient Emperors as well as Our own sanctions command to be observed in testaments.7
2. Nevertheless, when the testator chooses the presence
of witnesses, he must always employ the statutory number.
3. We also abolish the necessity of haste which has heretofore compelled testators within the excessively hurried
space of one day to begin and to complete their last wills.
We graciously grant to such persons the right and the time
to write frequently the will which they have conceived in
their mind in regard to their own property, to reconsider it
frequently, to emend it frequently, and to be engaged for
as many days as they may wish, in meditation on a matter
that is so especially important. For such deliberation leaves
nothing immature, since the testator shall be allowed to revise often the things which he has composed.
4. Moreover, We order that witnesses shall give their
subscriptions on one day, under the eyes of the testator,
either all together or, if the requirement of the statutory
number should make a slight delay, at different hours.
5. Moreover, since very many decedents desire that their
wills shall be secret and that they shall not be published
before such testators are deprived of the light of life, We
establish and order that if the witnesses who have been so
requested, in the presence of the testator, should subscribe
a page whose secret contents they do not know, nothing
shall be derogated from the validity of such testaments
because of such ignorance of the witnesses, 0 Albinus,
dearest and most beloved Father."o
6. Therefore Your Illustrious and Excellent Magnificence by posting edicts shall order to go swiftly to the
knowledge of all this most just law, which shall profit all
persons generally, so that the salutary prudence of Our
sanctions can be easily recognized.
Given on the seventh day before the kalends of January at Rome
in the year of the third consulship of the Most Noble Aetius and
6
17
18
,causatio, plea, allegation, complaint, objection.
Slaves were disqualified as witnesses of documents.

Or: from having their wills witnessed.
the consulship of the Most Noble Symmachus.-December 26, 446.

Received on the sixth day before the kalends of January at Rome.
-December 27.
Posted on the fifth day before the kalends of January in the
Forum of Trajan in the year of the aforesaid consulship.-December 28, 446.
INTERPRETATION. Although this law repeats other matters which are contained and explained in other laws,
nevertheless it commands that the further provision shall
be observed that if any person should wish to make a testament and witnesses should perhaps be lacking, he may write
out his will with his own hand, and when this will is presented in court after the death of the deceased, it shall obtain full validity.
TITLE 22: THE OFFICE STAFFS AND THE

ACCOUNTANTS OF THE PRAETORIAN PREFECTS' (DE OFFICIIS ET DE NUMERARITIS
PRAEFECTORUM PRAETORIO)
Albinus, Praetorian Prefect for the second time and Patrician.
We approve the justice of your recommendation, since
its entire intention is that We shall never allow any privilege to those persons who make wrong demands against
innocence. For We know how great hatred often harasses
unfortunate persons who are afflicted by the iniquity of
judges because of the high position of their power. The
office staff of Your Excellency, without which the public
necessities cannot be administered, have already been
wounded by many misfortunes, and they have requested
the remedy of Our care, which We would have employed
previously if a similar recommendation had been issued.
I. Therefore, by this law which shall remain valid continuously, We sanction that if any person from the praetorian office, before he achieves the end of his imperial
service by the completion of the statufory periods of time
in due order, should obtain an honorable discharge under
the attestation of the records, by the testimony of the prefect at that time in office, whether he obtained such discharge because of his desire for leisure or because of his
love for another branch of the imperial service, he shall
sustain no investigation in regard to uncompleted terms of
service, and he shall have the assurance of perpetual security.
2. Furthermore, if the accountants of the praetorian office, in whose charge the records of the public accounts
rest, should perhaps obtain the lot of private citizens 2 or
another branch of the imperial service, We forbid that they
shall be subject to investigations of their accounts after
five years. For within such a period of time the truth can
easily be investigated, however much it may be hidden.
Certainly the condition of no person must be so grievous
that he can have no end of anxiety and fear.
3. The consideration of equity demands a more abundant
protection. We forbid that the praetorian office staff, under
any pretext of expenses, shall be forced into the prejudicial
action of issuing written acknowledgments of debt," since
1 Haenel
21; Ritter Nov. Th. 49; CTh 8, I; Nov. Val. 2.

2 perhaps become private citizens or obtain the lot of another
branch, M.-M.
8 cautiones. Apparently members of the office staff who borrowed
money were forced by powerful creditors to credit such loans to the
account of the creditors as payments of the public obligations, such
as tax payments, of such creditors.
E 534 1
NVal
Violators of Tombs
the wickedness of creditors frequently plans for the ruin
of this office staff, in that they pretend that money which
has been paid for the public necessity has profited private
gains. Against such creditors by the present sanction We
decree the following punishment, namely, that if they
should ever suppose that they should lend any of their
money under such a contract, they shall immediately be
fined by the forfeiture of such money, and they shall obtain nothing either from those persons whom they deceived
in violation of Our prohibitions or from the public accounts.
4. It shall be sufficient to have granted such protection
for their safety and their fortunes to the praetorian office
staffs, to whom We also grant quartering officers, whom
they have long desired to have, for the peace of their halting places,4 0 Albinus, dearest and most beloved Father.'
5. Therefore Your Illustrious and Excellent Magnificence by posting your edicts shall publish this most just
law, so that it may become known to all men that in Our
era nothing further must be granted to the State except
that which it behooves Us to acquire.
Rome in the year of the third consulship of the Most Noble Aetius
and the consulship of the Most Noble Symmachus.-December 15,
446.
TITLE 23: VIOLATORS OF TOMBS'

PULCRI VIOLATORIBUS)
(DE SE-
Our Lords the Emperors Theodosius and Valentinian

time and Patrician.
The founders of the ancient laws, indeed, diligently provided for unhappy mortals even after their death, by pursuing with capital punishment those persons who had violated their tombs. But because pernicious minds are always
being swept into crime by a blind madness and suppose that
they are not held subject to the penalties previously established, it is necessary for Us to renew their severity, since
We see that heretofore such severity has been held in contempt with impunity. For who does not know that the
peaceful shades of the dead are being disturbed by deadly
audacity and that horrible violence is being wrought upon
the ashes of the dead? In the light of day and openly
tombs are being destroyed, and whatever religion forbids,
sacrilegious presumption has drawn into the usage of license. No longer is an end of their troubles given to the
dead, since among their sufferings is the fact that the structure of their pitiable abode is being torn away. For We
know, and Our faith is not vain, that souls which have been
freed from their bodies have sensation and that the celestial
spirit returns to its original source. This fact is made clear
by the ancient books of wisdom, by the mysteries of the
religion which We venerate and worship. Although the
divine spirit does not undergo the necessity of death, still
the souls love the abode of the bodies which they have left,
and for some kind of mysterious reason, they rejoice in the
honor of their tomb. So great concern for such tombs remains throughout all times that We see the precious mini.
4 mansiones, halting places,

5
Sirm.
post stations.
i, n. 3-
1 Haenel 22; Ritter 5; Brev. 5; CTh 9, 17; Paulus, Sentent. i, 21.

There was a great scarcity of building materials.
23*1
erals2 of the mountains transferred to such uses at an excessive expense and ponderous masses erected, even though
the patrimony suffers thereby. Certainly, the intelligence
of prudent men would refuse such actions if they believed
that there was nothing after death. It is an excessively barbarous and insane cruelty to begrudge this last service to
those who are deprived of the light of life and to destroy
their tombs by an inexpiable crime and thus reveal the
remains of their buried bodies to the heavens.
i. Among all the other persons who are accused of this
nefarious crime, the most vehement complaint pursues the
clergy, whom a very sad day has frequently seen sojourning among such portents. Girded with the sword,' they
harass the buried dead, and oblivious of the Divinity that
rules over the heavens and the stars, they bring to the
sacred altars of the Church hands that are polluted by the
contagion of the ashes of the dead. They have been submerged in profound darkness by such insensibility of their
conscience that they dare to be present at the reverend
mysteries, and after the destruction of tombs, they believe
that they can appease God, to Whom the guilty pray in
vain, but Who is won over by a better life.
2. By this edictal law We condemn the pollution of such
crimes, in order that Our times may no longer be defiled.
If any person, therefore, should destroy tombs or should
remove from such tombs any marble or stone whatever, he
shall immediately be held obligated to punishment as a
violator of the profound peace of the dead and as an
enemy of light 4 itself.
3. Slaves and coloni who are apprehended in such crimes
must be immediately brought to torture. If they should
confess only their own rash lawlessness, they shall atone
for their crimes by their own blood; if in the midst of their
sufferings and without any interrogation they should involve their masters, they and their masters shall be punished together.
4. Freeborn persons also who have been rendered guilty
by like presumption, if they should perhaps be plebeians
and should have no property, shall pay the penalty of
death. More distinguished persons, moreover, and persons
noted for their high rank shall be fined half their goods
and shall be branded with perpetual infamy.
5. But We believe that clerics who appear to be the authors of so dreadful a deed are worthy of a greater punishment; for a person must be punished more severely if he
is such a person that you wonder that he has sinned. For
the high distinction of a person makes his every crime more
grievous. 5 It is intolerable, it is too execrable, it is not endurable that a person should be clothed with the name and
the title of sanctity and yet should abound in crimes. Therefore, if any person from this number should be a violator
of tombs, he shall immediately forfeit the name of cleric,
he shall be assigned to a sentence of proscription, and he
shall be punished by perpetual deportation. We decree that
this regulation shall be so observed that We establish that
neither the ministers nor the bishops of holy religion shall
be spared in such a case. Away with complaints! We wound
the innocence of no man; Our law pursues only the guilty.
6. But since in many cases the effect of salutary statutes
2 metalla, minerals, metals, stones; mines, quarries.
3 ferro accincti, girded with the sword, equipped with iron tools;
apparently in search of the relics of saints and martyrs. Cf. CTh
9, 17, 7.
John 3, 20.
5 CTh II, 39,
Cs ]
1o.
NVal 23*1
Violator s of Tombs
is nullified because of the connivance of venal judges, 6 by

the present edict We order that the governor7 of the province shall rely on the assistance of the decurions and shall
put into effect the penalty of Our law. Although no guilty
person can oppose the fasces and axes," nevertheless, if
there should be any person so haughty, so violent, so
rebellious that the governor cannot proceed to his punishment, the governor shall dispatch a report and inform the
Most August powers,' in order that just severity may not be
delayed.
7. But if the governor-o should neglect to punish the violators of tombs whom he could punish according to the
regulation of this sanction, or if he should delay to report
about the aforesaid persons," he shall be deprived of his
property and his office.
8. If any person should wish to emerge as the accuser
of any such governor, either while he is still in office or
after he has become a private citizen, on the ground that
he had omitted the punishment of a violator of a tomb,
such accuser shall have the unrestricted right to do so. Nor
shall he fear the odium that is attached to an informer,"'
since he is more worthy of a reward if he should prove that
he constantly hates the wicked, 0 Albinus, dearest and
most beloved Father. 1
9. Your Illustrious and Excellent Magnificence by posting edicts shall order that this law, which We conceived in
Our love for piety and religion, shall swiftly become known
to the provinces and the governors" of the provinces, in
order that punishment may be rendered to the criminals,
rejoicing to those who live innocently, and peace to the
buried dead.
Given on the third day before the ides of March at Rome: March
13. Received on the sixth day before the kalends of April at Rome
in the year of the consulship of the Most Noble Calepius.-March27,

447. Posted in the Forum of Trajan on the eighth day before the
ides of April: April 6. Prefixed to the edict1s of the Illustrious Albinus, PraetorianPrefect for the second time and Patrician.
(INTERPRETATION)
: This law does not need interpreta-
tion.
TITLE 24: TRADESMEN' (DE NEGOTIATORIBUS)
Florianus, Count of the Sacred Imperial Largesses.
Among all the other provisions which We ordain for the
Empire of Our Eternity, which shall endure throughout
the ages, in accordance with your salutary report We sanction this regulation also, whereby We prove that the interests of Our treasury can be protected. Thus We sanction
by the divine response of Our Majesty that secret trade'
6 The customary official corruption of the times, 2, 29, n. 3;
NMaj. 7, n. 3.
7moderator, the judge ordinary.
8 The symbols of authority of governors, as well as of higher officials.
10 But if anyone should, M.-M.
11 Or: report to his superiors, M.-M.
12 delator, who was regularly under suspicion and often punished
severely, CTh 10,

13 Sirm. x, n. 3.
15 Nov. Val. 21,
o.
14
rectores, n. 7.
Given on the seventh day before the kalends of May at Rome

in the year of the consulship of the Most Noble Calepius.-April 25,
447.
TITLE 25: FREEDMEN AND THEIR SUCCESSION1 (DE LIBERTIS ET SUCCESSIONIBUS

EORUM)
time and Patrician.
Since the equity of law permits all masters in common to
exchange the lot of their slaves for the fruit and the reward of freedom, 2 and since the posterity of the manumitter must not be severe toward such freedmen whom the
author of so great a gift has elevated by his better judgment, We believe that the sanctions' are too harsh against
such well-deserving freedmen, since such sanctions so oppress freedmen under an action on the ground of ingratitude that they command them to be recalled into slavery
by the heirs of the deceased manumitters, as though no
penalty were sufficient against persons guilty of outrages
or of haughtiness except the penalty of abrogating their
freedom.
I. Therefore We very benignantly correct the severity
of such statutes,' and by a law which shall remain valid
continuously We decree that if any person should endow
with freedom persons of either sex from his household, his
heirs, whether they should be extraneous persons or sons,
daughters, grandsons, granddaughters, or near kinsmen of
any blood kinship or name, shall not hold such manumitted
persons to any necessity for obsequious obedience, and
they shall have no action against them on the ground of
ingratitude. But if such heirs should perhaps endure contumely at the hands of such manumitted persons, a thing
which We do not at all expect, they shall use the common
law to punish those guilty of outrages. No person shall
4 Reading cohibendos with M.-M. Or: should be protected, reading contuendos with the mss. and the other editors. The reference
seems to be to the patronage of powerful men who protected the
taxpayers against the demands of the State, CTh II, 24; NTh
15,
I, n. II.
1 Haenel 23; Ritter Nov. Th. 27; Nov. Val. 7, 3.
"Black markets," for the purpose of evading the lustral tax

on merchants and the sales tax on business transactions. Cf. CTh
2
13, i;
shall no further make the merchant rare in the famous

cities, and that crowds of merchants shall not be hidden
in obscure and sequestered places, to the detriment of the
public tax payments, 0 Florianus, most beloved Brother.'
I. Therefore Your Illustrious Authority shall learn the
tenor of Our pragmatic sanction and shall know that, according to your report, all persons who have avoided the
cities and are practicing the business of trade throughout
the villages and very many ports and various landholdings,
shall be held liable for the interests of Our treasury, and
they shall be compelled to assume the tax payable in gold,
according to the measure which justice shall persuade. The
condemnation of a heavy fine is established for those persons who consider that such tradesmen should be restrained'
to the loss of the fisc. For it is just that the person who
believes that he should oppose Our commands shall undergo the risk of his own property.
NVal 15, I.
2.
1 successiones, successions, inheritances. Haenel 24; Ritter 6;

Brev. 6; CTh 4, io; Lex Visigoth, 5, 7, 13-14.
2 By manumission.
3 CTh 4,
1o,
and especially 4, 10, 2.
[ 536 ]
NVal 25-1
Freedmen and Their Succession

suppose that vengeance is lost to him because of the obstacle of Our law; severity extends widely against the
guilty. Henceforth, We permit no person in Our age or in
times to come to hope for this one kind of vengeance, namely, that he may demand the slavery of a person who has
been called into court. We grant the justice of the present
edict, if they understand it well, to the reputation of the
heirs, in order that they may appear to plead a case arising
from indignation and may not appear rather to exercise
the ardor of their cupidity.
2. In regard to successions' also, which the ancients extended rather broadly and obscurely, We employ a compendium of lucid definition. Therefore if a freedman has
obtained the privilege of a Roman citizen, 4 whether he
should have only one child 5 or more children of either sex,
when he begins to die, he may safely leave by his last will
all his own property to his offspring, if he should so prefer.
3. But if he should not rejoice in any offspring, he shall
leave four twelfths of his goods to the son, or if there
should be more, to the sons, of his manumitter, or if there
should be no sons of the manumitter, he shall assign the
aforesaid portion to the grandson or grandsons from sons
of the manumitter.
4. But the decedent may pass over with impunity the
daughters of his manumitter or their children or grandchildren, unless perchance his affection or will should persuade him otherwise.
5. Moreover, in order that the treachery of calumniators
may not plot anything by perverted interpretations, the
freedwoman shall vindicate for herself by an equal privilege also that which We have established for the freedman.
6. Moreover, if a freedman should die intestate, his son
or daughter, grandson or granddaughter, or others, if there
should be more surviving, provided only that they are free
and Roman citizens, shall succeed to the entirety of the
whole patrimony.
7. For if such freedmen should have neither children nor
grandchildren, but should leave a father, mother, brother,
or sister who rejoice in equal freedom, the person from the
aforesaid group who is found to be preferable in degree of
kinship shall vindicate for himself a half of such intestate
succession,' but We reserve the other half for the heirs of
the manumitter. The whole inheritance shall then look to
the advantage of such heirs if it should be established that
the designated names of kinsmen are lacking to such intestate freedman.
8. But We derogate absolutely nothing from the rights
of the manumitters themselves, to whom the right of patron
shall always remain intact, and whatever right has been
conferred upon such manumitters against ungrateful freedmen, either by the authority of ancient law or by the sanctions of the previous Emperors, shall endure unimpaired.
9. But in order that the descendants of manumitters may
not assert that respect has been entirely denied them, We
establish and order that freedmen and freedwomen shall
not give testimony in any cases at all against the children
and grandchildren of their manumitter. If they should give
such testimony, even though it shall avail nothing, they
shall be punished, 0 Albinus, dearest and most beloved
Father. 6
4 Ronn
citizenship.
6 Sirm. I, n. 3.
fignus.
p
io. Your Illustrious and Excellent Magnificence by

reverently posting edicts shall introduce into the knowledge of all the equity of Our law, in order that the whole
world, wherever it is under Our Empire,7 shall recognize
with how great zeal We detest the unjust and grant favor
to freedom.
Given on the third day before the nones of June at Rome in
the year of the consulship of the Most Noble Calepius and Ardabur.
-June 3, 447. Posted in the Forum of Trajan on the fifth day before the ides of June:-une 9. Placed before the edict8 of the
Most Noble Albinus.
INTERPRETATION: This law established that freedmen
who have been made Roman citizens shall in no way be
recalled to slavery under the pretext of ingratitude if the
heirs of a manumitter, whether they should be his children
or extraneous persons, should bring an action on the ground
of outrage, whereby they say that they have been injured.
If such an occasion should arise, action shall thus be
brought before the judge on the ground of outrage as
though against other persons who are freeborn. In regard
to the succession' of freedmen, that is, those who are
Roman citizens, it decrees that the following regulation
shall be observed, namely, that freedmen or freedwomen,
if they should have one or more children, at their death
may leave their entire property to such children, if they
should so wish. Neither the children of a patron nor his
grandchildren from his son can, for any reason, contravene
the will of such freedmen. But if decedent freedmen or
freedwomen should not have children and should perhaps
wish to make a testament, they shall leave a third of their
property to the sons or grandsons of their manumitter,
who are descended through the male line. But they may
safely omit the daughters of the manumitter and their children and grandchildren from such inheritance, if they
should so wish, and the document of their testament shall
be valid, because women are not called at all to such inheritances, unless perhaps such freedmen should wish to confer
something from their own two thirds by their own will as
a mark of some affection upon the daughters of their patrons or upon the grandchildren from a daughter. But if
freedmen should leave neither children nor grandchildren,
and if it should be established that the father, mother,
brother, or sister whom they leave as survivors are free
themselves and have been made Roman citizens, then the
heirs of the patron shall vindicate half of the inheritance
to themselves, and from the above-mentioned persons, the
one who is found to be nearest in degree of kinship to the
deceased freedman shall vindicate the other half. For if
freedmen who are Roman citizens should die while their
manumitters are alive, and if they should wish to establish
testaments without the consent of the patron, such testaments shall be entirely invalid, because this law preserves
everything for the authority of the manumitters.
Neither freedmen nor f reedwomen shall presume to give
testimony against the children or grandchildren of their
manumitters in any case whatever. If they should do so,
even though it is not permissible for such testimony to be
accepted in any way, still the freedmen who gave adverse
testimony against the children or grandchildren of a patron
shall be punished.
7 The western part

* Nov. Val.
21,
of the Roman Empire.
1, n. Ii.
C537
NVal
Confirmation of the Laws of Theodosius
26.1
TITLE 26: THE CONFIRMATION OF THE

LAWS OF THE SAINTED' THEODOSIUS AUGUSTUS THAT WERE ISSUED AFTER THE
THEODOSIAN CODE (DE CONFIRMATIONE
LEGUM DIVI THEODOSII AUGUSTI QUAE
LATAE SUNT POST THEODOSIANUM)
T. Emperors Theodosius and Valentinian Augustuses to
Albinus, Praetorian Prefect for the second time and Patrician.
The most glorious of Emperors, Our Lord Theodosius,
the father3 of My Clemency, with the accompanying sacred
imperial order has recently dispatched to Us, as he had
provided by repeated constitutions,4 the laws issued by him
after the issuance of the Code which bears his name, 0
Albinus, dearest and most beloved Father.5
i. Your Illustrious and Excellent Magnificence in compliance with the tenor of Our letteru also shall decree by
your own edicts, as well as those of the provincial judges,
that these laws shall be brought to the knowledge of all,
together with the aforesaid venerable order which was sent
at the same time, and which leaves no obscurity, so that,
just as both worlds7 are ruled by indivisible regulations,
they shall also be guided by the same laws.
Given on the third day before the nones of June at Ravenna in
the year of the consulship of the Most Noble Postumianusand Zeno.
-June 3, 448.
TITLE 27: THE PRESCRIPTION OF THIRTY

YEARS MUST BE INTERPOSED IN ALL
CASES' (DE TRIGINTA ANNORUM PRAESCRIPTIONE OMNIBUS CAUSIS OPPONENDA)
Firminus, Praetorian Prefect.

It is both the first and the greatest responsibility of a
good Emperor to consider very carefully and with a favorable mind the peace of the provincials, since the more humanity is shown them, the more readily is love of loyal
devotion2 incumbent upon them. For the nature of the
human mind is such that it compensates in gratitude whatever it gains' from its advantage, and it binds together
spirits by a certain closer bond of affection, the greater the
generosity that has been bestowed upon them.
Therefore, it is Our pleasure to restrict by definite and
designated limits of time the vague and everlasting calumnies4 that have not been concluded by any limit of time,
1 divus: an indication that the manuscript of this Novel was
written after the death of Theodosius II, although he was alive
when this constitution was issued. Cf. Nov. Th. i, n. i.
2 Haenel 25; Ritter Nov. Th. 35; Nov. Th. I.
3 The elder Emperor and the father-in-law of Valentinian.
4CTh i, I, 5; Nov. Th. i, I; I, 2, 1.
6 apices, the present law.
5 Sirm. i, n. 3.
7 The eastern and the western parts of the Empire.

1 Haenel 26; Ritter 8; CTh 4, 14; 5, 18, i, Interp.; Brev. 8;
Lex Visigoth. 10, 2, 3; Lex Rom. Burg. 31, i; Edict Theod. 69;
Sidon. Apollin., Ep. 8, 6, 7.
2 devotio, the regular word for prompt tax payment.
8 Reading admittit or ammittit with most of the mss. M.-M. and
most editors read amittit, loses, surrenders.
4calumnia, calumny, chicanery, malicious prosecution. The calumnies that are employed against landholders of the estates that are
enumerated, as well as against the members of the imperial service.
C538
in regard to patrimonial rights, perpetual, emphyteutic

rights and the rights of municipalities. The just complaints
of very many persons has imposed upon Us the necessity
of issuing this law. For who can endure that suits shall be
instituted which grandfathers and great-grandfathers did
not know about? What other so valid a defense will defeat
a wicked litigator if unlimited periods of time which have
passed do not protect the defendant?
i. In addition to the outrage of so great a length of
time, it is strongly offensive that the privileges of their
imperial service do not support some persons. We learn
that insolent investigation of their status is being inflicted
upon persons who have performed long continued labor as

guards, 5 and that persons whom the distinguished office
staffs of the bureaus have proved to be conspicuous by the
attestation of their modesty, by the splendor of their birth
status, are being harassed by the disgrace of a shameful
prosecution, that men who have completed their terms of
honorable service in the palace are being dragged to the
bonds of the meanest colonate and are suffering more
perilously at the time when they ought to enjoy the remainder of their lives in the desired peacefulness, after the
continuous labors of their services.
2. Masters, when they so wish, absolve from the yoke
of slavery the slaves who were born in their own houses
and who serve them very faithfully, and thus such slaves
obtain by the benefit of manumission that which they could
not be by the nature of their birth. It is a disgraceful crime
that there is a worse condition for free men than for slaves,
and that a man 6 who is humble and of lowly fortune may
acquire by the laws that which he did not have, but that
a more noble man' cannot obtain by law that which he
did have. Far be it from Our times that Our conscience
should permit such a thing. Furthermore, We vindicate to
Ourselves this title of glory, that by Our zeal the license of
a most grievous custom is suppressed; it behooves Us especially to cure the evils of a lethargic illness by Our remedies.
Eternal praise falls to the lot of this remedy, since both
the present and the future ages shall declare that We are
the author of such salutary equity.
3. To such benevolence We have been especially encouraged by a law 8 of the father9 of My Clemency, Lord Theodosius, forever Augustus, whereby in accordance with his
customary virtues he has provided profound peace for the
human race by establishing that after thirty years no suits
shall be instituted which had not been brought in the intervening time. The present law also must necessarily be assigned to the glory of that invincible Emperor. For by
granting that law with pious mind, he has provided a way
for this law of Ours, whereby his benefits are extended the
more widely. Therefore, on account of the perverted interpretations of certain persons for whom the aforesaid sanction is not sufficient, while they pursue minute details of
the law and captious words, We command that those provisions which have been specifically ordered shall be specifically abrogated, since the designation of a general law exhausts all cases, and there cannot be any exception which
5 diuturnus excubiarum labor: this may refer to the vigilant
services of bureau clerks, though it is generally understood of the
silentiaries.
6 Born in slavery.
7 A member of the imperial service.
8 CTh 4, 14, 1.
9 The elder Augustus and the father-in-law of Valentinian.
NVal 28*1
Chiefs of Office Staff of the Secret Service

is not included by that venerable constitution under this
peremptory term. For by saying "everything," the law
leaves absolutely no occasion for litigation or dispute.
4. No action shall hereafter be brought after a period of
thirty years in regard to persons of an ignoble birth status,"
whether coloni, inquilini, or slaves of either sex, and in
regard to the peculia and the offspring of the above designated ownership, that is, a perpetual, patrimonial, emphyteutic, or municipal ownership. No person shall bring a
new suit about which no one has sued in due order throughout the designated period of time.
the pernicious institution of all cases of various kinds shall

cease.
Given on the fifteenth day before the kalends of July at Ravenna,
in the year of the consulship of the Most Noble Asturius and
Protogenes: June 17, 449. Posted in the Forum of Trajan on the
15
thirteenth day before the kalends of August by means of the edict
of the Illustrious Firminus, Praetorian Prefect.-July zo, (449).
(INTERPRETATION) : This law has not been interpreted
because of a subsequent law, under the title, "The Episcopal Court and Various Matters." 16 That law also speaks
about the thirty year period and has clearly expressed all
the matters that are here included.
5. That which has been ordered in regard to the con-
summation of all cases must be observed. For it is equitable

that the rights established by so many years that have
passed without interruption should not be destroyed hereafter by any name or by any pretext. If it should be established that silence has continued for the aforesaid period
of time, it is Our will that by the authority of this sacred
imperial regulation even those cases shall be annulled which
have been instituted under the assurance of the laws which
have been abolished by the present sanction, if such cases
have not been completed, because just as it is Our will that
such actions should not be begun, so if such actions have
been wrongfully begun, they must be considered as extinguished.
6. Of course, if litigation should have been begun within
such time limits in regard to persons born to such ignoble
status' 0 and their offspring who are subject to the rights of
the aforesaid landed estates, We command that in regard to
the possessors the general rule shall be observed which
was written with an evident definition in the law" of Our
divine imperial ancestor, Honorius, in regard to coloni
of both sexes who belong to private ownership: namely,
that if a prescription of twenty years is interposed, it shall
defeat a plaintiff who seeks to recover the person of a
woman, and a prescription of thirty years, one who seeks
to recover a man. This general rule must be observed also
in that portion of the law which has been established in
regard to the offspring of such persons.
7. Although We trust that this regulation which will be
profitable to all cases in general can be violated by no person, nevertheless, in order that sacrilegious 1 2 lawlessness
may not impel any persons by any audacity to such surreptitious actions, a penalty of thirty pounds of gold shall
smite those persons who are so presumptuous. The same
penalty shall await the palatine office staff of both treasuries13 and likewise the office staff of Your Eminence and
of the judges of all the provinces, in order that with an
equal lot and at the risk of their own safety also they may
preserve inviolate the regulations which We have salutarily established, 0 Firminus, dearest and most beloved
Father.1 4
8. Your Illustrious and Excellent Magnitude by posting
edicts shall publish to all provinces the law through which
We know that the peace of the whole world is guarded
with studious diligence and which must be applied to all
litigation, namely, that after thirty years, as has been said,
10 originarius,originaria,a person bound by birth status, a person
of ignoble birth status, a colonus, a colona.
Ix CTh 5, 18, I.
12 Disregard of the sacred imperial laws was sacrilege, Const.,

n. I I.
13 The largesses and the privy purse.

14 Sirm. i, n. 3.
TITLE 28: THE CHIEFS OF OFFICE STAFF OF

THE SECRET SERVICE' (DE PRINCIPIBUS
AGENTUM IN REBUS)
Opilio, Master of Offices.

We gladly accept necessary recommendations as often
as they are made. For there is as much glory in preserving
the statutes of the ancients as in sanctioning necessary
regulations with a prudent mind. It is the same kind of
thing to grant benefits and to protect those that have been
granted.
i. Therefore, in compliance with the report of Your
Sublimity, since you judge by your magnanimity that whatever is provided with reasonable solicitude is profitable to
Our times, We make wise provision by this edictal law
for the department of the secret service, whose labors,
cares, and watchfulness are so great that they alone appear
to acknowledge and accomplish whatever burden there is,
and thus they shall obtain the privileges which antiquity had
granted for their reward and which had been long interrupted. Of course, the primates of the aforesaid office shall
usurp nothing without consulting the chief of office staff,
who from the aforesaid department has arrived at the
services of the praetorian prefecture after infinite dangers
and after spending the better part of his life. Neither shall
any apparitor of the prefect assume the oaths of enlistment
of the highest branch of the imperial service, nor shall he
be removed from the official lists without the knowledge
and consent of the chief of office staff. Thus the aforesaid
official lists of the praetorian office shall be established in
the power of the chief of office staff.
2. In regard to their subsistence allowances and emoluments, nothing shall be taken from the chiefs of office staff
through the avarice of the judges.2 For they must be aided
by very many remedies, since We know that they sustain
very many dangers in order that they may arrive at this
office, 0 Opilio, most beloved Brother.
3. Therefore Your Illustrious Authority, in accordance
with your equity, shall command to be observed these regulations which have been justly established, in order that
such men may labor the more faithfully for the public needs
because of the certain hope of once more receiving the
rewards anciently assigned to them, since where there is a
certain reward, there men delight to labor the more eagerly.
15 sub edicto, under the edict, by means of the edict, Sirm. 12, n. 8.
16 Nov. Val. 31; 35.

2 The customary corruption, 2, 29, n.
I; NMaj. 7, n. 3.
[ 539 1
NVal 28-1
Chiefs of Office Staff of the Secret Service
A fine of ten pounds of gold has been established if any

person should contravene the regulations of this law.
Given on the third day before the ides of September at Ravenna
in the year of the consulship of the Most Noble Asturius and
Protogenes.-September 11, 449.
TITLE 29: SHIPMASTERS ON THE RIVER'

(DE NAVICULARIIS AMNICIS)
i. Emperor Valentinian Augustus2 to Epityncanus, Prefect
of the City.
The recommendation of Your Magnitude, which is favorable to the public interests and to the welfare of the most
sacred City,8 in the manner of your customary foresight
has admonished Our Clemency that We should grant remedies to the guild of shipmasters, which has been exhausted
through so many losses. The ancient constitutions could
have been adequate for their privileges, except that the
rash lawlessness of illicit usurpation infringed upon them,
O Epityncanus, dearest and most beloved Father.'
i. Whence Your Illustrious Magnitude shall know by
this Our pragmatic sanction that, according to your recommendation, the shipmasters who have fled from their own
compulsory public service must be led back to their own
guild, together with their children and their peculia, and
every privilege and defense on the ground of connection 5
or obligation 6 or of any person whatever shall be abolished.
If such shipmasters should die without heirs, their property that has been alienated under any title whatever shall
be vindicated by those persons who perform the aforesaid
compulsory public service.
2. No person shall be permitted to build a new ship or to
repair an old one with a capacity of less than forty barrels,' if he appears to have undertaken the aforesaid compulsory public service. Ships of the statutory capacity belonging to private persons' shall assist the needs of this
compulsory service by single voyages, but the smaller ships
shall assist by the payment of two solidi each, so that this
necessary guild may be relieved by the aid of this most
salutary provision and may be able to assume its accustomed service' with renewed strength.
I
Haenel 28; Ritter Nov. Th. 38; CTh 14, 15; 14, 17; 14,
21-22;
13, 5. It was the duty of these shipmasters to transport the grain

for the Roman people from Ostia at the mouth of the Tiber to the
City. The grain was brought from Africa to Ostia by the ordinary
shipmasters, the navicularii of CTh 13, 5, and was used for the dole.
2 After the death of Theodosius II on July 28, 450, Valentinian
reigned alone in the West. For Marcian was proclaimed Emperor at
Constantinople on August 25, 450 (Mommsen, chron. min. 2, p. 83)
without waiting for the decision of Valentinian, but was afterwards
finally recognized by him (Evagr. hist. eccl. 2, I, p. 283B). Moreover the image of Marcian was finally brought into Rome on March
with this agrees the fact that
30, 452 (chron. min. I, p. 490, 21);
all the records from the West alike ignore the first consulship of
Marcian in 451
(chron. min., 3, p. 532).
Therefore Valentinian
alone is rightly named in the inscriptions of Nov. Val. 30-34

(Haenel 29-33). This is not the case in this Novel and unless the
month is incorrect, the name of Theodosius should not have been
omitted. Perhaps the compilers of the corpus of the Novels, since
they were not ignorant of the fact that Theodosius died in 450,
thought that the name of Valentinian alone should be written in
,constitutions of this year, M.-M.
8 Rome.
4 Sirm. I, n. 3.
6 conjunctio, connection, marriage, membership in an organization.
6
Such as membership in other guilds.
7 cupae.
8 Not members of this guild. Cf. CTh 13, 7; CTh 8.
s devotio.
Given on the eighth day before the kalends of May at Rome in

the year of the seventh consulship of Valentinian Augustus and the
consulship of the Most Noble Avienus.-April 24, 450.
TITLE 30: TORCHBEARERS'

RIIS)
(DE LAMPADA-
i. Emperor Valentinian Augustus2 to Opilio, Master of
Offices.
We see that Your Magnitude has justly reported to Us
concerning the conflicting regulations of your predecessors
which were made with reference to the chief of the torchbearers and his successors, so that Our decision might define the regulation which you yourself could not, because
of your modest restraint. It is the part of great prudence
to preserve reverence for the decrees of your superiors, 0
Opilio, most beloved Brother.3
i. Therefore Your Illustrious Authority shall know that,
according to your reasonable recommendation, We have
weighed carefully both the very short and the very long
periods of time, and by this edictal law We establish that
the chief of the torchbearers shall be established in the administration of the primacy for three years, in order that,
when he has completed his labors, an opportunity for advancement may be granted to those who follow him. Thus
he shall not be burdensome to those who follow because of
the length of his term of office, and his successors shall not
languish because of too long a period of waiting.
2. Our Serenity confirms the regulations which the report of Your Magnitude has revealed in regard to absentees;' that is, if any person should be absent5 for a two
year period, you shall justly command that one person
shall be placed before him in rank; if for a three year
period, two persons; if for a four year period, three persons. But if he should be absent for a five year period, he
shall be removed from the official lists, in order that a
penalty may smite the indolent and that suitable rewards
for their service may be granted to the diligent.
Given on the fifth day before the nones of October at Rome in
the year of the seventh consulship of Valentinian Augustus and the
consulship of Avienus.-October 3, 450.
TITLE 31: VAGRANT COLONI AND FOREIGNERS1 (DE COLONIS VAGIS ET DE ADVENIS)
i. Emperor Valentinian Augustus 2 to Firminus, Prae-
torian Prefect and Patrician.

Although the provisions which have been made in the
laws must be unconditionally and faithfully observed, We
have learned that the law' which was formerly issued with
reference to coloni by birth status is suffering perversion
by the malignant minds of certain persons. For since a
person from whom an obligated colonus departs is de1 Haenel 29; Ritter Nov. Th. 36. The torchbearers seem to have
had the duty of bearing torches before the Emperor and other high
officials, CJ 12, 59, 10.
2 Nov. Val. 29, n. 2.
4 CTh 7, 12.
5 absent from his duties for, Seeck.
1 advenae, foreigners, strangers, persons from another province.
Haenel 30; Ritter 9; Brev. 9; Edict Theod. 64 and 68; Lex Rom.
Burg. 6, 3, and 37.
2 Nov. Val. 29, n. 2.
3 CTh 5, 18, 1.
540 ]
NVal 31-1
Vagrant Coloni and Foreigners

feated by the prescription of thirty years, 4 the designated
period of time is consumed by the colonus who goes from
one person to another. Thus it happens that although the
colonus is lost to the person from whom he flees, yet he
cannot be acquired by the person to whom he comes. By
constant change of his abode he ceases to be what he was
born, and he vindicates for himself by the constant repetition of his flight the freedom which he did not have by
birth status. To no person ever except a fugitive colonus
has his misdeed been a reward; he begins to acquire better
status for the very reason for which he deserves punishment.
I. However, it is enough that this has been permitted
thus far. For when the former master is excluded by the
barrier of the law, We order that such colonus shall be acquired by the person on whose property he is proved to
have completed the aforesaid years of the statutory period
of time. But if for the purpose of attaining the conclusion
of the thirty year period and of evading the force of the
prescription of time, he should live an equal period of time
with several persons, that person shall vindicate him to
serve by the right of the colonate on whose property such
colonus concluded the latter part of the period of thirty
years from the day of his first flight. Otherwise, he shall
come as gain to that person with whom such a vagrant and
unreliable inhabitant spent the greatest part of his thirty
year period. I command that this regulation shall also be
observed equally in the case of vagrant women of ignoble
birth status.'
2. If a colona, who is refused to a petitioner after a
period of twenty years, has given birth to any offspring
before the aforesaid time limit, such offspring must not be
lost to her former master.6 For it is equitable that the
progeny begotten at that time when the woman still belonged to him should return to him, in order that the damage sustained by loss of the mother, which happened because of the passing of years, may be consoled at least by
the vindication of her progeny. This misfortune We order
to be ended by a compensatory payment of substitutes, in
order that children may not be separated from their parents, a thing which is impious.
3. Likewise it is Our pleasure that the party to whom
the husband appears to belong shall render for the wife a
substitute of the same value, in order that the wicked obstinacy of masters may perhaps cease from making divorces, because even in the cases of such persons, the affection of this union 7 ought to remain safe and undisturbed.
4. Of course, just as the previous statutes' ordered that
colonae could be commuted,' so also there shall be such
right in the case of the men. Therefore Our law confirms
such commutations that have been made. But if any transfer of a landholding without the commutation of such persons has previously been made or should hereafter be
made, it shall not be valid, lest the coloni may come to one
person, the exhausted landholding to another.
5. Many times immigrants' who are poor and of lost
fortune join themselves to the services of certain persons
in order that, by pretending endurance of labor and serv-
ices, they may receive food and clothing and thus escape
the filth and squalor of want. When they have been freed
from the straits of their disaster by the humanity and compassion of the person who receives them, then replete, then
thinking nothing of misfortune, they choose women who
belong" to a paterfamilias and who are superior in cleverness, beauty, and usefulness. When satiety overtakes them,
they leave; they depart without considering their former
status, the association of marriage, the affection of children, since no law prohibits them. Therefore, if a person
who is obligated to no municipalityo in any manner should
join himself to the rustic or urban landed estate of any
person and should wish to be united with a woman who is
obligated,' he shall state in the municipal records his int&ntion to reside where he has chosen, in order that, since
this bond precedes, he may not desert the habitation which
he chose and he may not break off the union with the
woman. When this declaration has been thus published, his
freeborn status shall be unimpaired, but he shall not have
the right to depart.
6. By a like law, I order that freeborn women shall be
detained if a union with slaves or coloni has been sought
and chosen by them, in order that they may not be permitted to depart. The children of such women, if a formal
notification" did not precede their birth, shall remain under
the title of coloni, in the ownership and power of those
persons on whose property they have been born or may be
born. But We adjudge that according to the divine imperial decrees, children born after such notification shall
be slaves. Thus, as has been said, the bond of the colonate
shall always hold obligated the former, the condition of
slavery, the latter, 0 Firminus, dearest and most beloved
Father.12
edicts shall cause to come to the knowledge of all the
regulations of this general constitution.
Given on the day before the kalends of February at Rome: January 31. Received on the third day before the nones of February at
Rome: February 3. Posted in the Forum of Trajan in the year of
the consulship of the Most Noble Adelphius.-45i.
INTERPRETATION: This law establishes that if a colonus
should flee from his own master and perchance should hide
for thirty years throughout the houses and fields of various
persons, and if the master could not find the aforesaid
colonus except after the completion of thirty years from
the day of his flight, the master who pursues the flight of
the colonus shall be excluded by the prescription of thirty
years by the person on whose property the colonus was
found. Again, the second condition occurs that if perchance the colonus himself should have lived with three
persons ten years each, that person shall vindicate him with
whom he is found during the last period of time. The third
condition is that if a contention should arise among those
persons with whom the colonus had lived throughout the
thirty years, the aforesaid colonus himself shall be assigned to the person with whom he is known to have lived
the greatest number of years during those thirty years. A
similar regulation shall be observed in regard to the flight
of a colona, no matter on whose property she may have
lived. However, the condition shall be observed that, just
4 As a prescription of long time.

5 originaria,of ignoble birth status, a colona.
6 Nov. Val. 35, 1, 19.
10
7 conjunctio, not a legal marriage.

8 By the substitution of others in their places.
As colonae.
Either as a decurion or as a guildsman, Glossary.
11 By a warning to refrain from such union, CTh 4, 13.
12
Sirm. I, n. 3.
E 541 ]
Vagrant Coloni and Foreigners
NVal 31-1
as his own master is excluded from the ownership of a

colonus by the prescription of thirty years, so also the petition of a master for the recovery of a colona shall be defeated by the completion of twenty years. Nevertheless,
according to a constitution" that was issued under the
title, "The Episcopal Court," the children shall be recovered by the master who lost the colona by the prejudicial
effect of time, if they were born within the twenty years
in which the colona still belonged to the master. Moreover,
after the twenty years the children shall be acquired to the
ownership of that person to whom the period of time had
assigned the colona. It is also ordered by this law that commutation" shall not be denied in regard to such persons, so
that the master of a colonus shall take care immediately to
give other slaves"' for a colona as well as for the portion
of her children. By the same constitution"' the person to
whom a colona belongs must also fulfill this requirement

for a colonus, if it should be agreed upon.
Freeborn immigrants' who wish to be joined to the
colonae of others, because it often happens that they scorn
the slave unions' 5 that they have chosen, shall state in the
public records that they will depart for no reason from
the house of the master of the colonae to whom they have
been joined, and though their freeborn status remains unimpaired, they shall have no right to wander forth or to
desert the colonae to whom they have been united. Likewise if a freeborn woman should choose the slave union1 5
of the colonus of another, and if she should not be formally notified,' whatever offspring she bears shall profit the
master of the colonus.16 But she shall know that whatever
children she bears after formal notification shall be not
coloni, but slaves.1 7
TITLE 32: CONFIRMATION OF THE TITLE
TO PROPERTY THAT HAS BEEN SOLD OR
GIVEN TO ADMINISTRATORS OR PERSONS
HOLDING PUBLIC OFFICE; ADVOCATES;
OTHER MATTERS (DE CONFIRMANDIS HIS
QUAE ADMINISTRANTIBUS VEL PUBLICUM
OFFICIUM GERENTIBUS DISTRACTA SUNT
VEL DONATA ET DE ADVOCATIS VEL DE
CETERIS NEGOTIIS)
Emperor Valentinian Augustus 2 to Firminus, Praetorian Prefect and Patrician.
It is necessary to sanction by a new enactment the regulations established in the laws which are being disregarded
by very many persons, in order that all ambiguity may be
removed and such regulations may be rendered more stable
by this renewal. For there is said to exist a superfluous
belief of some persons that the right to purchase has been
denied to persons in administrative offices and in the imperial service, although a law3 of the sainted Honorius,
issued to Palladius, Praetorian Prefect and included in the
i.
18 Nov. Val. 35.

14 mancipia, used synonymously with coloni at this time.
15 contubernia, slave unions, not legal marriages,
n. 14.
16 Of her husband.
17 servi.
1 Haenel 31; Ritter io; Brev. io; CTh 8,

2 Nov. Val. 29, n. 2.
8
Not extant. CTh 3, I,
1o,
and n.
25.
542
I.
Theodosian Corpus, is read as having given this right to

such persons. Besides, who is not disgusted by that condition whereby freedom of contract is not available to those
persons alone who are exalted to any honors, and although
no fortune is subject to this obstacle, not that of a middle
class person, not that of a noble, not that of a plebeian, the
right and advantage of the whole world is denied to those
persons only who are in the imperial service? Therefore I
decree that persons employed in any administrative position
or office whatever or in any grade of the imperial service
shall have the same right to buy as all other persons, provided only that the purchase and sale shall be executed according to the common law. It is My will that no person
shall be compelled to such transaction by the order of an
authority4 and by duress. The price that has been defined
and stated in writing shall be paid to the person who
wishes to sell. The writer of the instruments shall see,
those persons shall know with whom it is necessary that
the document of sale shall be filed. It makes no difference
who buys, since the seller obtains the price in accordance
with the public faith.5
i. But if the buyer has completed the service of his office
or his administrative duty and if within the limits of a
year he should evidently be convicted, either of having employed the kind of violence that is specified in the law,6
namely, that of prison, chains, or public or private custody,
or as guilty of any kind of conspiracy, or of not paying the
price, or if he should withdraw himself from the court by
subterfuge and should bring about that the truth of the
transaction cannot be learned, he shall pay to the seller the
number of solidi that are stated in the documents of sale,
and nonetheless he shall lose the possession, so that it shall
return to the owner from whom it is proved to have been
taken in such a manner.
2. Likewise if the seller should sustain none of these
wrongs which We mention here but should so claim with
clever contradiction, the contract shall remain with perpetual validity, and he shall return to the buyer the money
which it appears that he had received as a price.
3. By this sanction We also order that if it is certain
that administrators and those who hold any offices have
bought rustic or urban landed estates for a given price,
they shall be protected.
4. In a similar manner We corroborate gifts and exchanges that have been made, with respect to those persons whose right of purchase has heretofore unjustly
wavered. Thus it will be effected that persons employed in
active public service will delight to labor the more faithfully when they see that property which comes to them by
purchase, by exchange which has the likeness of purchase,7
by gift, or by any other title whatever, will remain unshaken in their ownership and that of their posterity.
5. If any person should come to the aid of a decurion
seller who is suffering from some necessity, when now he
is pressed by the collector of the fiscal taxes, now by his
creditors, and if the decurion should sell without a security,8 since under pressure of his difficulty he was not
4 A person in high position.
5 As attested by the public record of the sale.
6 Or: convicted, after the agreement (of the sale) has been
written, of having employed violence by means of the fear of prison.
7 CJ 4, 64, 2; Burg. Rom. 35, 5; Lex Visigoth. 5, 4, I;
Cod.
Eur. 293.
8 As required by law.
Property Sold or Given to Administrators; Other Matters

free to obtain one, in order that he might not be harassed
any longer by the torture of hanging," by the squalor of
prison, by the extortion of a fee, by the interest that is increasing into a greater mass, why should such a sale not
remain valid, since it enabled an obligated person to be
freed from loss and punishments? Other decurions have
sold abandoned and uncultivated lands because they were
not able to sustain the burdensome tax assessment of barren land. It is inequitable that when such just causes precede, a sale thus made should be deprived of validity for
the sole reason that the interposition of a decree' was lacking. Therefore I decree that from the time when Alaric
entered Italy,"o no action shall be brought with reference
to those properties which decurions have sold from their
own resources in such a manner. Of course, from the day
of the issuance of this most salutary order, when a decurion sells his landed estate, the primates of the municipal
council also, who cannot be ignorant of the necessity of his
selling, shall subscribe to the sale of their colleague. In this
manner all disputes shall be quieted, and the buyer shall
not fear any rescission of the sale, since these persons are
authorizers," nor can the seller be defrauded under such
a claim. But if it should become clear that the seller has
been deceived or oppressed, We order that he shall be
rendered secure from loss by the subscribers themselves
also, so that they equally with the wrongful buyer shall
be assigned to his interests.
6. Moreover, We do not allow the laws to be disturbed
by another kind of person. For it is well known that after
the fatal destruction of the enemy," from which Italy
suffered, in certain regions both advocates and judges were
lacking, and today men learned in the law and the statutes
are found either rarely or not at all. For this necessity has
caused perpetual tenure's to be given to the provincial
advocates.
. In various provinces the municipal councils are being
left vacant by those who are hastening emulously to the
privileges conferred upon advocates of the court of the
Illustrious praetorian prefects and that of the prefect of
the City. When they wish to be made better than their
birth status, they do not care that their own cities are despoiled of their due services and offices and are dying. It
is Our will that neither shall the better desires of men be
impeded nor shall the municipalities everywhere be made
destitute. Therefore, if any person should strive to come
to this office, he shall know that he will not be permitted
to do so before he has discharged all the compulsory public
services which he owes to his municipality. However, We
grant indulgence to his decision, so that if he is hastening
to the toga," he shall furnish a substitute to the municipal
council, by whose zeal he may perform all the services
which should have been provided through himself. He
shall not suppose that he is immediately absolved by the
appointment of a substitute, because if such substitute
should be inefficient in any due service, We grant recourse'5
to the author himself, and nonetheless to his fellow decurions who accepted an unsuitable person. Therefore, if
a person is going to enter the profession of advocacy, he
shall bring with him records that are executed before the
9 Not fatal but a form of torture, NVal I, 3, n. 21.
10 November 18, 401, fifty years before the issuance of this law.
11 And thus guarantors.
12
Alaric.
14
Of advocate.
18 Nov. Th.
1o.
15 For the municipal council.
NVal
32-1
governor 1 6 of the province, so that the office of the judge

shall know what person has undertaken the place of the
absentee and who can adequately fulfill the public needs.
By such foresight, nothing negligent or unguarded can befall the cities.
8. I order, of course, that if it should be proved that in
a provincial forum there are four advocates whose defense
can be sufficient to both parties in a controversy, that advocate who can be discovered beyond the aforesaid number,
when he so wishes, may come to the aforesaid courts" to
plead cases. Otherwise he shall not have such right, if the
designated number should not be there.' For it is seemly
that provision should be made that provincials who are
poor may not be compelled by lack of defense to come to
the expensive courts. Therefore those advocates must be
admitted to plead cases in the Illustrious courts if they
prove by the report of the competent judge that there are
enough advocates in the province that has been entrusted
to him to be able to sustain the conflict of the controversies,
0 Firminus, dearest and most beloved Father.'
by your edict shall cause to come to the knowledge of all
this most salutary sanction.
Given on the day before the kalends of February at Rome in
the year of the consulship of the Most Noble Adelphius.-January
31, 45'.
INTERPRETATION: Because the former laws2 0 specifically
prescribed that persons placed in administrative positions

and those who perform imperial service in any office whatever should not be permitted in any manner either to buy
or to exchange anything or to accept any gift at the time
of their imperial service or administrative position, this
law of the Emperor Valentinian now commands that all
administrators, persons in the imperial service, or persons
employed in any public office whatever shall have the unrestricted power to buy and to exchange and to accept
property by title of gift. The only limitation is that no person shall prove that such documents 21 were extorted either
through fear or through the fraud of a supposititious person or through violence, that is, either from a person confined in a prison or placed in any chains whatever or from
one who has endured any kind of tortures or punishments,
or that no person shall perhaps prove that he had not received the price that was written in such documents. Then
not only shall the instrument, if there should be one, be
voided, but such buyer shall both restore possession and
shall be compelled to pay in full to the seller the price that
was inserted and contained in the documents. But if the
seller should perhaps endure none of these wrongs, as has
been said, and should attempt by such a criminal charge,
with the penalty as published, to contravene such sale which
had been voluntarily made, and if he cannot prove such
charge, the possession shall justly remain in the ownership
of that person by whom the purchase had been made, and
the price which had been received by the seller shall be
restored without any delay to the buyer against whom he
had brought calumny.
If decurions also, who were not allowed hitherto without the interposition of a decree to sell their property or
16moderator, the judge ordinary.
17
Of the praetorian prefects and the prefects of the City, 7.
18 The quota of provincial advocates.

19 Sirm. I, n. 3.
21
Of sale, exchange, or gift.
20
CTh 8, 15.
[ 543 ]
NVal
32-1
Property Sold or Given to Administrators; Other Matters
to alienate it from the body of the municipal council,

should be constrained by a definite necessity, namely, that
they are hastening to repay a debt which they contracted
for the public welfare, while they feared the punishments
of their creditors, whatever they have sold under pressure
of such necessity shall remain with all validity. The interposition of a decree shall not be required, but only their
fellow decurions, from whom their necessity cannot be
hidden, shall subscribe to that sale. Absolutely no calumny
shall be opposed to the buyer in regard to the property
purchased, but he shall possess with perpetual right the
property thus bought. Thus, however, if perchance the
seller should prove that he had been deceived by any fraud,
when his fellow decurions who are ordered to act as subscribers become his sureties, the seller shall be rendered
free from loss at the expense of the buyer as well as the
subscribers.
But if decurions should wish to become advocates or to
hope for any kind of imperial service, they shall provide
persons who shall perform expeditiously their compulsory
public services, and they must make such provision that
there can be no loss to the municipality through them. For
such decurions shall know that all loss belongs to them,
and that they must be recalled to the place in which they
substituted another.
The rest of this law is not interpreted, because these
provinces do not use it.22
TITLE 33: PARENTS WHO HAVE SOLD
THEIR CHILDREN; FREEBORN PERSONS
SHALL NOT BE SOLD TO BARBARIANS OR
LED TO TRANSMARINE REGIONS' (DE PARENTIBUS QUI FILIOS DISTRAXERUNT ET
NE INGENUI BARBARIS VENUNDENTUR
NEQUE AD TRANSMARINA DUCANTUR)
I. Emperor Valentinian Augustus' to Aetius, Patrician.
Although We approve the zeal of Your Eminence every

day and every moment and your watchful solicitude toward
the public welfare, by the present report you have also revealed with what benign and salutary prudence you do not
permit that any prejudice should come to the status of f reeborn persons who have been sold through necessity. You
show that not all things are permitted to a sinister fortune,
that the status which that fortune wished to be changed
by compelling want should be restored to its own splendor
by the benefit of Our humanity. It is well known that very
recently the most terrible famine raged throughout all Italy
and that men were forced to sell their children and parents'
to escape the danger of threatening death. Pitiable emaciation and the deathly pallor of the perishing extorted so
much from all persons that they were oblivious of all the
love that nature has granted, and they considered it a kind
of piety to alienate their own kinsmen. For there is nothing
to which despair of his own life does not drive a man; a
22 The reference is obscure, but apparently the Interpreter refers
to a certain group of provinces in which he resided.
1 Haenel 32; Ritter ii; Brev. ii; CTh 5, 8-1o;
CJ 4, 43.
2
Nov. Val.
II, 27;
hungry person considers nothing shameful, nothing forbidden. His only care is to live in any manner at all. But I
judge that it is wrong that freedom should perish because
life does not perish, and that a person should be so driven
by horror of a most vile slavery that he is ashamed that he
escaped destruction. To whom is it not preferable to die a
free man rather than to bear the yoke of slavery? Those
privileges are sweet which do not disgrace when they are
given, which it is a delight to have received, which it is not
shameful to enjoy. It cannot be called a benefit for a free
man to lose that privilege4 which is given to slaves as their
highest reward.5 Therefore I permit no prejudice to be
imposed upon the status of freedom, for which the most
wise founders of jurisprudence and the laws wished that
suitable provision should specifically be made. I renew the
statutes' of Our ancestors, and I decree that a sale shall be
annulled, if the aforesaid famine induced it to be made in
the case of freeborn persons, provided, of course, that the
buyer shall recover the price with the addition of a fifth;
that is, one solidus shall be added to five, two to ten, and
the number shall increase similarly, whatever the sum that
is designated by the sale that has been made. Thus it will
happen that the purchaser will not repent that he bought
such a person in his afflicted and desperate circumstances,
since he recovers more than he had given as a price, and
freedom which has been sold shall not perish under so
great a disaster.
Of course, if any person should make such a forbidden
sale to barbarians or should transport a free man whom he
has bought to transmarine regions, he shall know that he
will pay to the resources of the fisc six ounces of gold.
This most salutary law, 0 Aetius, dearest and most beloved Father, 6 Your Illustrious and Excellent Magnitude
by posting edicts shall publish to the knowledge of all.
Given on the day before the kalends of February at Rome in the
year of the consulship of the Most Noble Adelphius.-January 31,
451.
This law commands the following:

If any freeborn person, in any necessity whatever or in a
time of famine should be compelled by such necessity to
sell his own children, and if the buyer bought them for
five solidi, he shall recover six; if for ten solidi, in a similar
manner, he shall recover twelve; or if for more, according
to the aforesaid ratio he shall obtain the increase in price.
If any person should presume to transfer such persons to
extraneous nations or to transmarine districts, or to sell
them, he himself, who thus presumed against the statutes,
shall know that he shall pay six ounces of gold to the fisc.
INTERPRETATION:
TITLE 34: FARMS OF THE BREADMAKING

ESTABLISHMENTS SHALL BE ASSIGNED TO
THE AFRICANS' (DE PRAEDIIS PISTORIIS
AFRIS DEPUTANDIS)
I. Emperor Valentinian Augustus 2 to Firminus, Praetorian
Prefect and Patrician.

Benefits that have been conferred reflect credit upon
their authors, and that person deserves full gratitude who
recommended that the favors should be granted, no less
3, 3;
4Of
freedom.
By manumission.
29, n. 2.
3 parentes, parents, near kinsmen. that men were forced to sell

men and parents their children, M.-M.

2 Nov. Val. 29, n. 2.
[ 544 1
6 Sirm.
I, n. 3.
NVal 35-1
Episcopal Courts; Other Matters

than the person who granted the favors that had been
recommended. The one action is the part of a prudent
judge, the other, of a munificent Emperor, and a report, by
furnishing the occasion for benevolence, increases its glory
by the effectuation of such report.
i. Therefore I decree that, according to the recommendation of Your Eminence, wise provision shall be made
for the African dignitaries and landholders who have been
despoiled by the devastation of the enemy,' by the following remedy, namely, that in so far as it is able, the august
imperial generosity shall compensate for that which the
violence of fortune has taken away. It is sweet to confer
on the weary the remedies that they have desired, and although the loss of one's own property occasions inexhaustible grief and eternal sighs, neertheless, the things
which have been bestowed upon so sad a lot console such
losses.
2. Therefore, within the province of Numidia We grant
to the dignitaries and landholders whom We mentioned
above, with a tax remission of five years, almost thirteen
thousand centuries4 of land from the deserted places from
which, as the report of Your Eminence states, no profit accrues. In addition, I command that the two thousand solidi
which are said to remain and to be lost to the fisc from the
tax account of the twenty siliquae that are exacted for each
century4 of land, shall be collected through the office of
Your Magnitude and shall be paid to the praetorian chest,
so that in accordance with your administrative action you
shall decree for those persons who have been despoiled and
exiled by the devastation of the enemy an amount equal to
the aforesaid sum, in whatever manner it must be divided
in accordance with the merits of the persons, in order, for
each year.
3. I decree that in the provinces of Sitifis and Caesarea,
that is, Mauretania and Numidia, the landed estates of
emphyteutic right and of the divine imperial household,
which were petitioned for by neighboring persons after
the devastation by the Vandals and which are today possessed by various persons, shall be taken away from the
aforesaid persons and shall be leased rather to the dignitaries of the Proconsular Province6 and of Byzacium,
whose patrimonies have been taken by the barbarians and
who appear also to have been expelled from their own
abodes. Such estates shall be leased under the same measure
of payment by which they are now held, and the right to
pledge them shall cease. 7
4. Moreover, in regard to the landed estates" of the
breadmaking establishments, I decree that, since they had
previously been granted by law to those persons whom the
barbarians had afflicted, for the purpose of supplying food,
they must come only to those persons who have certainly
lost their resources at the hands of the enemy by the misfortune of capture. Those persons shall be ejected who appear to have been admitted improperly to this benefit, nor
shall any person be permitted to be aided by greater remedies than the consideration of his position demands. It is
3 The Vandal invasion.
4 centuria, a land tax unit equivalent to a jugum.
Delete: M. and N., M.-M. At this time Mauretania was divided
into two provinces, M. Sitifensis and M. Caesariensis.
6 Africa.
7 Or: The previous confirmation (subsignatio) shall be annulled.
8 A sort of endowment to enable the breadmakers to perform
their functions: CTh 14, 3.
equitable that what We have conferred on those persons

who have been stricken by a more grievous lot should profit
each person by a just distribution. Such humanity shall remain in the possession of those persons, and their privilege of the City of Rome9 shall also be unimpaired, until
under the auspices of God, it shall come to pass that they
return to Africa.
5. Of course, the landed estates of the aforesaid ownership, if such persons should die, shall come by the right of
succession to the children of those persons to whom they
were given, and nevertheless, as has been said, they shall
retain the privilege' of the Eternal City unimpaired. If
perhaps the deceased should not have children, I command
that the inheritance shall be given, by the authority of the
judge, to that person for whom just necessity persuades
that wise provision should preferably be made. For those
persons must be aided by greater benefits who have undoubtedly suffered more severe adversities, 0 Firminus,
6. Therefore Your Illustrious and Excellent Magnificence shall cause Our edicts, under your own proclamation," to come to the designated provincials, so that they
may know by the present law how great is our care for
them.
Given on the third day before the ides of July at Rome in the
year of the consulship of the Most Noble Adelphius.-July 13, 451.
TITLE 35: EPISCOPAL COURTS; VARIOUS

OTHER MATTERS' (DE EPISCOPALI JUDICIO
ET DE DIVERSIS NEGOTIIS)
i. Emperor Valentinian Augustus to Firminus, Praetorian
Prefect and Patrician.

There is often a controversy of various persons in regard
to the episcopal court. That this complaint may not proceed
further, it is necessary that a sanction be issued by the present law. Therefore when a case arises between clerics and
there is an agreement between the litigants themselves, a
bishop shall have the right to act as judge, provided, however, that a bond of mutual promise2 shall precede. This
privilege Our Authority also grants in the cases of laymen,
if they should agree. Otherwise We do not allow the bishops to be judges, unless the wish of the disputants should
precede, as has been said, by interposing this condition,
since it is established that the bishops [and priests]8 do not
have a court according to the laws, and they cannot have
cognizance of cases except in religious matters, according
to the divine imperial constitutions' of Arcadius and Honorius, which are revealed in the Theodosian Corpus. If
both litigants of the aforesaid office,5 or either one of them,
9 Members
of guilds of the City of Rome had certain special
privileges, NVal 20; CTh 14, 2.

10 Sirm. I, n. 3.
x1 Sirm, 12, n. 8.
1 Haenel 34; Ritter 12; Brev. 12; CTh I, 27; 5, 18, I; Sirm. i;
Nov. Maj. ii; Nov. Val. 27 and 31; Lex Visigoth. 4, 2, 13; Cod.
Euric. 321; Edict Theod. 12; Lex Burg. Rom. II, 4; 26, 1. The
pious Baronius was so shocked by the secular attitude of this Novel
that he was convinced that Attila was sent upon Rome as "the
Scourge of God," to punish the impiety of the Emperor.
2 compromissum, a mutual promise of the parties to abide by the
decision, with a specified penalty for the violation of the promise.
3 Bracketed as spurious by M.-M., since nowhere else is authority
granted to priests to conduct an episcopal court.
4CTh
6
6, II, I; I, 27, 2; CJ I, 4, 7.
The clergy. Or: of the same office, that is clergy or laity.
E 545
NVal 35-1
should be unwilling,6 they shall conduct their cases according to the public statutes and the common law. But if the
plaintiff should be a layman, whether in a civil or a criminal case, and if he should rather choose such a course, he
may compel his adversary who is a cleric of any position
whatever to answer to his charges in a public court through
the statutory authority.
i. We decree that this general rule shall be observed also
with regard to the persons of bishops, 7 so that if it should
be necessary that an action should be brought against men
of this order f or forcible entry and seizure and f or atrocious
outrages, they may combat the case through a procurator
duly ordained, before a public8 judge according to the
statutes and the laws, and the outcome of the judgment
shall without doubt revert to the mandators. This privilege
We grant to them because of Our reverence for religion
and the priesthood. For it is well known that a procuratorship cannot be granted in criminal cases. But in order that
there may be some discrimination of merits, this right must
be granted only to bishops [and priests] . In other criminal
cases they shall be compelled to undergo trial through
themselves according to the order of the laws. If they
should be summoned by an enforcement officer and should
refuse to obey, the order of the law shall be observed and
a sentence shall hold them liable as contumacious.
2. In the case of a cleric who is a plaintiff, the consequence will be that he shall follow the forum of the defendant, according to the laws, if, as has been said, his adversary should not give his assent to a hearing by a bishop
[or priest].' The punishment for the defenders of the case,
if they should assist and should conduct the case' in the
aforesaid extraordinary court,"o has been established as f ollows: the advocate shall be smitten by the forfeiture of his
office, the jurisconsult by the loss of his status and of his
citizenship, which shall be interdicted to him.
3. No person of ignoble birth status,"' an inquilinus, a
slave, or a colonus shall undertake the duties of clerics,' 2
nor shall he be united with the monks or monasteries, in
order that he may evade the bond of his due condition;
likewise, no guildsman of the City of Rome or of any
other city whatsoever, no decurion, no ex-primate," no receiver of the gold tax,14 no citizen who is a sevir" of a
guild or a public slave.
4. We order that clerics shall henceforth engage in no
trade. If they should wish to engage in business, they shall
know that they will be subject to the judges" and will not
be protected by the privilege of clerics.
5. Defenders of the Church shall not be permitted to be
ordained from the above-mentioned ministries16 of the
cities; forfeiture of their property shall overtake those persons who acquiesce in this service, and We command that
such property shall be assigned to the municipal council or
to their own guild. If the competent judges should neglect
to observe and to execute these regulations, they shall be
deprived of their property and the privileges of their status;
capital punishment is established for the primates of their
6 To submit their case to the bishop.
8 Secular.
7 Lex Visigoth. 2, 3, 1.
9 When the defendant is unwilling.
10 Of the bishop.
11 originarius,a person of ignoble birth status, a colonus, a colona.
12 Nov. Val. 13, 8, n. 21.
18 Of a municipal council.
14 (susceptor) aurarius,Ritter.
15 One of a board of six men who directed the guild.
16 The guilds that performed compulsory services for the cities.
office staffs. Persons so ordained shall nonetheless be expelled from such office, in order that they may not withdraw from the due services16 of their city. Those persons,
moreover, who have been ordained deacons within the ten
years that have passed previous to the day of the issuance
of this law, must give substitutes for themselves. If they
should not have the means whereby they may provide for
themselves in this manner, they themselves shall be brought
back to their own bond. All the rest of lower grade must
be dragged back to their due services; bishops and priests
shall be excepted, but nevertheless those regulations shall
be observed which were sanctioned by the statutes of previous laws"7 in regard to the patrimony of such persons.
6. But persons of ignoble birth status' or slaves who
evade the yoke of their birth status and transfer themselves to an ecclesiastic order shall return to the ownership
of their masters, except when they have become bishops
and priests, unless they have completed their thirtieth
year in the aforesaid office of the church. Thus a deacon
of such condition may render a substitute for himself to
his master, and he shall likewise restore all his peculium.
If the opportunity should not be available to him to give
a substitute, the regulations shall nonetheless be observed
in his case which were established above in regard to the
ministries of the cities.16
7. It is seemly that all clerics should have nothing at all
in common with other cases, except ecclesiastical actions,
or with places"' belonging to the public ownership, which
in many cases they destroy as if they were abandoned and
unnecessary, and which they had elicited from the Emperor
by supplications, as though they were for some use of
religion. A penalty of twenty pounds of gold has been
established for the chief assistants of the bureaus if access should be granted to such supplications.
8. We have considered it opportune on the occasion of
this law to decree the following regulations in regard to
succession, since they were not clearly expressed in the
previous constitutions. Therefore, if a man without children should die and his wife should survive, the wife shall
restore to the father or the mother of the deceased a half
portion of the betrothal gifts which she received, and she
shall reserve the residual portion for herself. If the persons
whom We mention should be lacking, all the gifts which
she has received shall benefit her for her chastity, for they
must not be diminished if such dear and revered names"
should not be extant.
9. There shall be a similar condition in regard to the
dowry, which the authority of the present divine imperial
response decrees shall be so given that if such dowry,
which can be gainfully acquired property, should be assigned to the husband without the interposition of any conditions, in the event of the death of the wife, the husband
shall restore to the father or mother of his deceased wife
half the amount of the dowry which he received. The
party of the wife shall give as much as the husband conferred as betrothal gifts, 20 so that there shall be an equal
condition for the giver and receiver, in order that a future
17 Nov. Val. 27 and 31.
18 Property consisting of houses and lands, primarily those con-
secrated to pagan uses. Cf. CTh 15, I, n. i.

19 Father and mother.
20
Nov. Maj. 6, 9; Nov. Just. 97, 1-2; Lex Visigoth. 3, 1, 5;
CTh 3, 5.
E 546 1
NVal 35-1

marriage which has been agreed upon may not cause gain
for the one and loss for the other.
10. If a woman who is married should die intestate and
should leave surviving children, the father shall have the
right to the usufruct of the entire patrimony, until the
twentieth year of age of the children. Afterwards he shall
restore half of the property to the son or daughter, and
half he shall retain for himself until the last day of his
life. If the twentieth year of the children's age should be
completed and the father should be unwilling to give the
half of his portion to any one of them, to the offspring who
did not obtain his half of the maternal goods from his
father We order that the fruits of his half shall be paid
after the death of the father by his father's successors,

after an appraisal has been held.21 Thus if a person has
lost anything while he was established in the family,2 2 he
shall at least be compensated for it at a future age.
ii. Moreover, for the benefit of the bond of reverence
for marriages themselves, and in order that marriages
may not be commonly and rashly abandoned, We annul
the recent law23 which permitted marriages to be dissolved
by the adverse wish alone of the parties, and those regulations24 which were decreed by Our sainted Father Con-
stantius shall be preserved inviolate.

12. We command that the thirty year limitation of time
shall conclude those lawsuits which were being preserved
during perpetual and unlimited periods of time, with the
exception of cases of the Africans who prove that they
have endured the hard fate that was brought upon them
by the Vandals. Thus in regard to their cases, there shall
be subtracted from the previously fixed thirty years the
periods of time that they appear to have spent under the
enemy. But the other cases 25 We decree shall be confined
within the aforesaid space of their limitations.
13. Of course, just as We have forbidden that any case
whatever should be commenced which had not been begun
within thirty years, so a case which has assumed the beginning of a formal attestation of suit 2 6 shall be terminated within the aforesaid time, with the exception of the
privilege of pupillary age, which was granted by a law 27
of Our father, Theodosius, of sainted memory, unless perchance the litigation had been formally attested after the
twenty-fifth year from the time when the action began to
be available. If such a contingency should befall any person, after the established period of thirty years has elapsed,
We extend another five year period, within which all actions
must be consumed, lest another thirty might be vindicated
for litigations that had been formally attested, 2 6 by malicious ingenuity and to the calumny of the former law. For
the addition of five years is abundantly sufficient; when
that period has elapsed, no right of action shall be granted
to any person whatever. Moreover, if litigation has been
formally attested26 before the twenty-fifth year, I decree
that it must be consumed within the statutory thirty year
period in all cases.
14. After the plaintiff has published the nature of the
action, has thus held bound his adversary, and has com21
Burg. Rom. 26, I.
22 Under paternal power.
23 Nov. Th. 12, I.

24
CTh 2, 7, 1-2.
29 Who can reinstitute the suit without prejudice. Or: the defendant . . . shall depart free from the necessity of the observation
of the trial.
28
Not extant, but cf. CTh 3, 16,
1.
25 That are not entitled to perpetual rights, Burg. Rom. 31, 2.

26 contestata Us, litiscontestation of the Civil Law.
27 CTh 4, 14, I; the elder Emperor and father-in-law of Valen-
tinian.
pelled him to answer to his charges, We order such plaintiff to press the proofs of the litigation that he has brought,
since no person must bring anyone to an expensive observance of trial before he prepares all the evidence whereby
he can convict in the trial the person who has been produced in court. This regulation is contained also in the
decrees 28 of the ancient Emperors. Otherwise if anyone
should compel any person to come to court and should not
press the suit against the aforesaid person who has been
placed in charge of the office staff or under bond of a
security, so that within four months he may complete actions that have been instituted, and if it should appear
that the judge has tried other cases, such plaintiff who by
his own fault was not willing to enter the trial chamber
shall restore the costs and expenses, since such subterfuge
of a plaintiff must not exist with impunity. After the defendant has recovered such expenses, he shall depart free
from the necessity of observation, and the suit shall be
unimpaired for the plaintiff.29
15. But if any defendant should neglect to be present
when he has been summoned according to the order of the
law, he shall receive sentence on the ground of being contumacious. Of course, if a person who has been brought to
court should be sued about land, the necessity for a security shall cease, and he shall promise that he will undergo
the observance of the trial at the risk of his case. Moreover,
in pecuniary cases, if he should prefer to undergo the trial,
he shall not give a security for his presence, except for the
amount of the debt which had been demanded, provided,
however, that it should appear that he does not have a patrimony that is adequate for the sum sued for, in that place
in which he was sued.
16. If any person should voice an appeal to the Illustrious
prefect of the City of Rome from a judge who is suspect
on account of some domestic and private dissensions, he
shall immediately bring such actions, which he had previously feared, before the successor of the aforesaid judge,
in order that the necessity for reports of difficulties and
delays may be removed, since We do not wish such delays
to intervene before an answer is made to the suit.
17. No person shall appeal from the prefect as trial judge
in a case whose value is less than one hundred solidi.
18. If perchance one owner and possessor of two landed
estates should transfer certain menso from a farm which
is filled with persons of ignoble birth status and coloni to
another rustic estate by his own wish and arrangement, such
transfer shall so remain that if the two properties should
come to various owners, whether by sale or gift or in any
other manner whatever, it shall not be permitted for such
transferred persons to be recalled by the right and title of
birth status. It is not seemly that the deeds of the author
of a right should be nullified if he judged them necessary
in accordance with his own counsel and consideration, since
it is more fitting that the things which seemed best to him
should be preserved inviolate out of respect to him.
19. Moreover, We decreed by a law3 ' previously promulgated that if a woman of ignoble birth status" had been
lost by a lapse of time, her offspring should not be lost to
. s0 Slaves and coloni, farm workers. Cf. NVal 31,

n.
31 Nov. Val. 31, 2.
E 547 ]
14.
NVal 35-1
her former master, and by a clear regulation We forbid

that decree to be brought into dispute. 2 Of course, according to the law" given to Palladius, We decree that the
offspring shall be divided which were conceived from a
man of ignoble birth status"' who belongs to another person, 0 Firminus, dearest and most beloved Father.34
20. Wherefore Your Illustrious and Excellent Magnificence by posting edicts shall publish this most salutary
edictal law, which shall profit also cases that are still pending in court, so that it may become known to all what great
care We take in providing for the public peace.
Given on the seventeenth day before the kalends of May at Rome
in the year of the consulship of the Most Noble Herculanus.-April
15, 452.
INTERPRETATION:
This law establishes many provisions

about various matters, but first of all, what was said about
clerics, namely, that they shall not come to an episcopal
court except by a bond of mutual promise2 to abide by the
decision, was abrogated by a later law of Majorian.35
For the rest, the law commands that if any layman
through the authority of a judge should summon to a public court a cleric, whether in a civil or in a criminal case, the
defendant shall answer to his charges without delay. Bishops also shall answer to charges, whether they should be
summoned into court for forcible entry and seizure of any
property or for any grievous outrages. Although no person
is permitted in criminal cases to answer to the charges
through another, nevertheless by this law the privilege is
granted to bishops and priests that in such cases they may
answer to charges by sending a procurator, but without
doubt the sentence of the judgment shall revert to them.
But in all other criminal cases when the actual person must
be convicted f or a crime, he shall take care to produce his
own presence in court. But if a bishop should be summoned a third time by an enforcement officer and should
be unwilling to come to court, he shall receive a sentence
as being contumacious. If a cleric should sue any person
in litigation, he shall be heard in the forum of that person
whom he summoned to court, provided, however, that the
defendant should not agree to come to the court of a
bishop or priest. If the plaintiff should do otherwise, the
law commands that the defenders36 of such cases shall
be branded in such a manner that they shall be held extraneous to every office and prosecution of cases.
The law also orders that no person of ignoble birth
status,". an inquilinus, a slave, or a colonus shall undertake
the office of a cleric or be received in the monasteries, lest
he may be able to evade his due condition through this pretext. Neither a guildsman of any municipality who owes
public service nor a decurion or other guildsman shall presume to be a cleric.
The law also commands that clerics shall not presume to
engage in trade to any extent whatever. If they should
do so, they shall be regulated by the judges, just as other
tradesmen. This law has established that no person from
the public guilds' 6 shall become a defender 3 6 of the Church.
If any person from a municipal council should agree to be
made such a defender of the Church, he shall know that
all his property must be assigned to the municipal council
or to that group from which he had departed and that he
shall be recalled to the service of the municipality in his
32
Or: to be used as proof, that is, as a valid law.
3 CTh 5, 18,
1.
a Nov. Maj. iI, i.
3 Sirm. I, n. 3.
< Advocates.
own group. Both the judge of that province and his office
staff shall be smitten by a severe penalty, just as the law
itself states, if they should not recall such persons. The
law commands that deacons who had been created from
decurions or from any public guild whatever shall give
substitutes for themselves to perform the services which
they owe to the public welfare. If they should not give such
substitutes, they shall be recalled to their due condition.
It does not order that bishops and priests should be constrained by this law, except only that they shall clearly observe the regulations which were established by the law"
of Majorian in regard to their patrimonies.
But persons of ignoble birth status" and slaves who aspire to an ecclesiastical honor must be recalled by their
masters within thirty years; nevertheless, a deacon may render a substitute for himself, if he should have the means,
and his master shall vindicate all his peculium. But if he
should not have the means to render a substitute, he himself
shall be recalled to his own condition.
The law orders that no clerics shall conduct any other
cases except ecclesiastical actions only, and that they shall
not destroy public buildings for the repair of the churches.
The law believes that this provision also in regard to
succession should be specifically inserted, namely, that if a
man should die while his wife is living and if he should not
have children, but should leave either his father or his
mother, the wife shall vindicate for herself half of the
betrothal gifts which he made to her, and half she shall
restore without any difficulty to the father or mother of
her deceased husband, whichever of them should be surviving. Also if such a chance should befall the wife, the
husband shall know that he must make restoration in a
similar manner from the dowry which he received from his
wife; that is, he shall restore half of such dowry to her
parents or parent, if only one of them should survive. But
if neither parents nor children should survive, the person
of the spouse who survived the other shall vindicate to
himself by perpetual right both the dowry and the gifts,
in such a way that he shall have the unrestricted right to
do with them whatever he wishes. But if a woman who
leaves children should die intestate and her husband should
survive, her husband, that is, the father of her children,
shall have in his power the usufruct of the property which
was left by his wife. Thus when each one of the children
arrives at the twentieth year of his age, he shall receive
one half of his portion without delay, and his father shall
retain half as a usufruct until the last day of his life. But
if after the twenty years had elapsed, the father should be
unwilling to give to any one of them the half of his portion,
after the death of the father and after an appraisal has
been held, such child shall receive from the successors the
fruits of that half of the paternal inheritance which the
father was going to give him, since he was not able to
exact such fruits from his father on account of his father's
power. 8
In regard to divorces between husbands and wives, the
new law2 3 is annulled, and this law commands to be observed the regulations2 4 that were ordered by the sainted
Constantius.
This law orders that the law of the thirty years' prescription of time shall be observed very clearly in all cases, as
applying to all time limits which extended suits infinitely,
37
Nov. Maj. 7, 7.
38 patria potestas.
E 548 ]
Collectors of Swine, Cattle, Sheep and Goats

because some jurisconsults extended actions for forty years,
others made actions perpetual in regard to some matters.
The law specifically decrees that all suits for all causes
shall be concluded within the period of thirty years except
that, just as has been said in regard to postliminium, those
years in which captives were held under the domination of
the enemy must not be reckoned for them, but their thirty
years' period shall be unimpaired. However, this law of
the thirty years' prescription of time, just as it reduces to
thirty years those periods of time that caused litigation to
be extended too far, so it commands to be observed in all
cases the other time limits which have clearly been ordered
to be observed within thirty years in all cases. For even if
the litigation should be begun within thirty years and should
not be finished, it shall be considered as extinguished, as
though it had not been begun. Cases of pupils shall be excepted, since it appears that, because of their tender age,
wise provision is made for them, as the law 27 of the
sainted Theodosius contains. Thus those periods of time
shall not be reckoned in the thirty years, during which
periods minors are ordered to be established under the
power of tutors. If, however, a litigation should be formally attested26 by such pupils after the twenty-fifth year
from the time when such action began to be available, the
law orders that only a five-year increase beyond the thirty
years shall be made for them. Thus when the thirty-five
years have been completed, just as the cases of all other
persons must be concluded within thirty years, so their
cases must be concluded within the space of thirty-five
years. But the cases or litigations of pupils that are proved
to have been formally attested 26 before they arrived at the
twenty-fifth year shall be consumed within thirty years in
all cases, without the addition of five years.
This law establishes in regard to plaintiffs that if a plain-
tiff should wish to bring his adversary as a defendant to

court, if he should cause such defendant to be brought
either under security or by a written bond, and if he should
not hasten within four months to complete the action that
he had brought, during which time, however, it is known
that the judge was at leisure to hear other cases, that person who has thus been compelled to observe the hearing
shall recover the costs and expenses of the litigation from
the plaintiff and shall go free. However, the integrity of
the suit of such plaintiff shall be unimpaired, since up to
the present time he has sustained the loss of the costs and
expenses for his delay. For if any defendant should be
unwilling to be present in court, after three summonses he
shall know that he will undergo a sentence on the grounds
of being contumacious; that is, he shall pay as if he had
been convicted, to the litigant who is suing, the sum which
he would have been assessed in court, if he had been present. Moreover, if any person should be sued about a field
or a house, he shall provide without any security that he
be present himself in court. If any person should sue for
money from him, the defendant must give security for the
amount of money for which he is sued if he wishes to
prepare a litigation for such debt. Thus security must not
be required of a defendant at a time when he is proved to
have a landholding of no less value than the debt itself in
that place in which the hearing is held.
If any person for any reasons should perceive that a
judge is hostile to him, or if he should perhaps consider a
judge suspect, 9 he may issue the voice of an appeal, so
3 CTh II, 30, 58; Nov. Marc. i; Lex Visigoth.
12,
I, 24.
NVal 36-1
that when such judge has been succeeded in office, he can

be heard with the case unimpaired before another judge,
and all delays shall be removed. But an appeal must not be
40
lodged before a judicial authority, that is, an Illustrious
authority, in which a judgment of less than one hundred
solidi has been rendered. If any person should be4the owner
of two landed estates and should transfer slaves1 ' by birth
status, or coloni who were born to such status," from one
landholding to another which belongs to his ownership,
and if the two farms should come to different masters, such
new owner shall not presume to seek to recover or to sue
for anything contrary to the arrangement of the former
owner, after such slaves have been transferred elsewhere;
but the person to whom such field was either sold or given
or left by inheritance shall possess it in that status in
which it appears that it had devolved upon him from the
author of his right.
All ambiguity in regard to the offspring of coloni and
colonae shall be abolished, and it is evidently commanded by
this law that according to the law83 which was given to
Palladius in regard to the colonus and the colona, the offspring shall be divided between the two masters; that is,
the master of the colonus shall vindicate to himself two
parts of such children, and the master of the colona, the
third part.
It has been decided that the actions which had been perpetual and which have been restored to a thirty year time
limitation shall be here appended 4 2 : that is, petitions for
inheritances, provided, however, that the final action had
been begun by the author of a right to whom it was available; actions on homicide, theft, a guardianship that has
been administered; likewise actions for the recall of fugitive slaves, decurions, and guildsmen; actions on purchase,
sale, leases, unauthorized business transactions for others,
mandates; actions on account of a partnership.
TITLE 36: SWINE COLLECTORS, CATTLE
COLLECTORS, AND SHEEP AND GOAT COLLECTORS' (DE SUARIIS, BOARIIS, ET PECUARIIS)
i. Emperors Valentinian and Marcian Augustuses to Firminus, Praetorian Prefect and Patrician.
We do not wonder that among his warlike responsibilities
and the blare of trumpets,2 Our Magnificent Father3 and
Patrician, Aetius,' has changed the general rule of the public organization to a better condition by his order, and the
laudable foresight of Your Magnitude which makes wise
provision for eternity has furnished the easiest effectuation
to his solicitude. Such foresight aids the privileges of the
sacred City,5 both by the providence of the administrator
and by the affection of our best citizen," and it has established the function of the guild that was on the point of
40
judiciaria potestas.
41 mancipia originariavel coloniaria,the status of coloni had become thoroughly servile and they were equated with mancipia, slaves,
nn. I1, 30.
42 To this
constitution.
1 Haenel 35; Ritter Nov. Th. 39; CTh 14, 4. These collectors
procured the food supplies that were issued to the people as a dole.
2 On account of the invasion of Attila and the Huns.
3 An honorary title of address, Sirm. i, n. 3.
4 Murdered soon after by Valentinian.
5 Rome.
6 Aetius.
E 549 1
NVal 36-1
Collectors of Swine, Cattle, Sheep and Goats
failing, by an arrangement so salutary that all losses have

been eliminated, and the loyal devotion of the guild which
thus serves shall never incur failure of strength, since
indeed provision has been made for this guild by the exchange of provinces,7 by the nature of the collection, and
by a regulated commutation of prices, 0 Firminus, dearest
and most beloved Father.3
i. Whence Your Illustrious and Excellent Magnitude
know, according to your most salutary recommendation,
which proceeded from the arrangement of Our Magnificent
Father and Patrician, Aetius, that first of all the following
benefit must be bestowed upon the patrons8 of the guild
of swine collectors, in consideration of the sacred City of
Rome, namely, that the authorization to collect taxes9 that
was furnished to them within the province of Sardinia
and of which the payments fluctuated on account of the uncertainty of navigation, shall be restored to the praetorian
chest, together with the other returns that are included in
the payment of all the tax accounts which heretofore have
been widely scattered and were proved to be very greatly
in arrears; and due emoluments10 shall be decreed from
the neighboring provinces, that is, from Lucania, six thousand four hundred solidi; from Samnium, five thousand
four hundred solidi; from Campania, one thousand nine
hundred fifty solidi.
2. They shall know that the nine hundred fifty solidi
which have been collected also from the payments made to
the cattle collectors and the collectors of sheep and goats
shall profit them.- According to the former constitutions,12
from their profits1 3 they shall furnish one hundred thousand pounds of pork of just weight, and they shall deliver
two hundred forty pounds per solidus, 4 according to their
promise, since they receive definite emoluments and the
customary doubt 5 has been eliminated. Thus they shall
know that for one hundred fifty days each year a supply
of meat must be provided by them without any evasion, and
this sum amounts to three million six hundred twenty nine
thousand pounds, with the reckoning of the two tenths.' 6
7 By giving up old provinces and being assigned new ones from
which they made their collections.
8 patroni corporis suariorum, the administrators of the affairs of
the guild of swine collectors. They were elected from the guild,
CTh 14, 4, 4.
9 delegatio, tax levy, tax warrant, authorization to collect taxes.
10 To the patrons, to be used for the benefit of the guild.
11 The patrons of the swine collectors.
12 Nov. Val. 13, 4; CTh 14, 4.
13 interpretia, the difference between the purchase price and the
price at which it was issued to the people, Amm. Marcell. 28, I, 18.
14 A nominal price, since such food supplies were furnished at a
very low price to the Roman people, many of whom were on a
permanent dole.
15 As to their income, after the deduction of losses.
16 Apparently a kind of commission of the collectors, to cover
any losses or expenditures on their part. Cf. epimetrum. This passage is obscure and the translation conjectural.
E 550
3. Moreover, it shall be established at the discretion of

the patrons themselves whether they wish this compulsory
public service of collection to be fulfilled through the praetorian office, with the addition of five from their own guild
whom they choose and to whom We order to be granted
the honor of a ducenarius in the imperial service, or
whether such service should be fulfilled through their own
members only, lest perhaps the apparitors may be burdensome; and they shall not hereafter await the annual authorization' of the praetorian office, which was heretofore
observed.
4. The praetorian chest shall not demand anything from
the Provinces of Lucania and Samnium 1 7 before all that
they owe is paid to the swine collectors on their demand.
Governors"8 of provinces and their office staffs, at the
risk of their resources, shall contribute diligence and efficiency to this work, in order that the things which We
have provided may be more easily fulfilled.
5. We order to be added to Baonius, the primate of the
guild, together with the dignity granted to him by law,
the cincture of office of the imperial service also, whereby
a greater authority may support him in ordering matters,
under the privilege of the imperial service. It is Our will
that this regulation shall be observed also in regard to his
successors who follow in due order.
6. Moreover, such persons must not be called to any
other burden, but they shall be held exempt from all other
duties, in order that they may be free for this service.
7. The swine collectors themselves must not undergo outrages or losses at the hands of any apparitors, and the
privileges shall remain valid which the previous laws sanctioned for them.
8. We command that persons who are obligated to the
guild of swine collectors, cattle collectors, and sheep and
goat collectors shall be recalled to their due burdens, together with their offspring, their peculia, and their landed
estates, and all the privileges shall be abolished which presumption and corrupt solicitation vindicated to themselves
in violation of the laws.
9. The aforesaid Baonius and his successors, in executing
these regulations, must employ faithful service, in order
that suitable effectuation may be given to Our statutes. For
We consider that the devoted should be assisted not only
by such a provision but also by honor, in order that with
greater distinction they may always be diligent in the service of the Eternal City and may consider that whatever an
uninterrupted payment of taxes procures is added to their
own profit."
Given on the third day before the kalends of July at Rome in
the year of the consulship of the Most Noble Herculanus.-June29,
452.
17 and Campania, M.-M.

18 moderatores.
19
In commissions on their collections.

MAJORIAN AUGUSTUS
......................................................
TITLE 1: THE BEGINNING OF THE REIGN

OF OUR LORD MAJORIAN AUGUSTUS 2 (DE
ORTU IMPERII DOMINI MAJORIANI AUGUSTI)
i. Emperor Majorians Augustus to the Senate.
Know, 0 Conscript Fathers, that I have been made Emperor by the decision of your election and by the ordination
of Our very gallant army.4 May a propitious Divinity attend the high opinion of you all, and may it increase the
success of Our reign for your welfare and the public welfare as well, since I have come to the high honor of sustaining the duties of Emperor not by my own will, but on
account of my obedient service of public devotion, in order
that I might neither live for myself alone nor by such a
refusal might I be judged ungrateful to the State for which
I was born. Also on the kalends consecrated to Jangis We
raised aloft the fasces of the consulship which We had
auspiciously accepted, in order that the present year, which
receives the advancements of Our nascent reign, might also
be designated by Our name. Grant now your favor to the
Emperor whom you have made, and share with Us the responsibility for matters which must be considered, so that
the Empire which was given to Me by your efforts may
be advanced by our common zeal. Anticipate that justice
will thrive in Our times and that virtues will increase under
the merit of innocence.
No person shall fear the practices of informers, 6 which
We condemned in the customs of others even while We
were a private citizen and which We now especially prosecute. No man shall fear calumnies except those which he
himself had originated. The watchful care of military affairs will be Our concern, as well as the concern of Our
Father,7 the Patrician, Ricimer. With the assistance of a
propitious Divinity, We shall preserve the status of the
Roman world, which by Our common vigilance We have
freed both from the external enemy 8 and from internal
disaster.' I suppose that you have knowledge of Our char' Nov. Th. I, n. I. Majorian has been called "the last of the
Romans."
2 Ritter 3.
3 Majorian was proclaimed Emperor on April I, 457 at Ravenna

(Chron. min. I, p. 305, n1, p. 87) and was immediately recognized by
the Senate at Rome. Leo was made Emperor on February 7, 457 at
Constantinople (Chron. min. ii, p. 87). He was recognized in the
West between March 10, 458 (Nov. Maj. 2) and May 8, 458 (Nov.
Maj. 3), when his name appears with that of Majorian, M.-M.
4 Under the control of Ricimer, the dictator of the Western part
of the Empire who made and unmade Emperors at will. The election of the Emperor by the Senate was an empty form.
5 January I, 458.
6 Much feared and hated, especially by the wealthy Senatorial
class, Min. Sen., n. 52; CTh io,
o.
7 An honorary title of address, Sirm. I, n. 3.

8 The Vandals under Genseric.
9 Avitus, his predecessor on the throne.
.............
asm***.w....
......
OEf
acter, and because of this knowledge, I unhesitatingly

pledge to myself your love, since I was formerly a comrade
of your life and perils. Nevertheless, I shall strive in all
matters, if the Supernal Powers so permit, by My authority as an Emperor and by My obedience as a colleague,' 0
that your judgment in regard to Me cannot be displeasing
to you.
(And by the divine imperial hand.) We pray that you
may flourish most happy and prosperous throughout many
years, 0 Conscript Fathers of the Most Sacred Order.
Given on the third day before the ides of January at Ravenna in
the year of the first consulship of Our Lord Majorian Augustus.
-January II, 458.
TITLE 2: THE REMISSION OF DELINQUENT

TAXES' (DE INDULGENTIIS RELIQUORUM)
Emperor Majorian Augustus to Basilius, Praetorian
Prefect.
As soon as the first beginnings of Our sacred imperial
power had shone forth upon the world, Our new reign vindicated to itself most especially these salutary plans for the
State, in which We embrace the remedies that must be
granted to the whole world. The afflicted fortunes of the
provincials have been exhausted by a varied and multiple
exaction of tribute and by extraordinary burdens of fiscal
payments, and thus they have lost the substance for the
payment of the customary tax; they have experienced a
collapse also in the case of those taxes which should justly
have been paid. Indeed, the landholder in the past has been
exhausted by the tax accounts of superindictions, while he
painfully carries the deficits of a full settlement under the
burden of an impossible tax payment,' and in proportion
to the passage of time, he is oppressed repeatedly by new
tributes of the future indictions and is impoverished by the
necessity of purchasing delays, he is overwhelmed by the
burden of an obligation that has been heaped into one mass,
and since he is by no means adequate to the preceding
debts, he is found unable to make future payments also. 4
Wherefore, the hopes and the strength of the provincials
must be promoted by the benefits of granting exemption;
for it is advantageous for Our Clemency to extend a sympathetic hand to the weary and to come to the aid of the
straitened circumstances of Our subjects at the proper
time, so that they may be freed from their long established
i.
1o Of Leo, Emperor of the Eastern part of the Empire, Ritter.
Or: as a colleague of the Senators.
' Ritter 4; Nov. Val. I; Nov. Marc. 2; CTh II, 28. The periodic
remission of tax payments that had become impossible to pay was
one of the many signs of administrative failure.
2 devotio, the regular word for prompt and loyal tax payments.
The delinquent taxes accumulate until they overwhelm the unfortunate taxpayer.
' By the bribery of the officials, NVal I, n. 9; CTh 2, 29, n. i.
4 Nov. Val. I, 3.
551 ]
NMaj
2-1
bonds for those payments which they must deliver to the

public resources in the future, according to custom, and
they may begin to have the possibility of making payment.
i. Therefore, by a law that shall remain eternally We
sanction that delinquent taxes of all fiscal tax accounts,
whether they belong to the chest of Your Magnificence or
to either treasury,6 up to the beginning of the present
eleventh year of the indiction,6 shall not be required of the
landholders. These delinquent taxes We remit, under the
benefit of a general indulgence, to those taxpayers who are
obligated. It is Our will that the foregoing provision which
has been established under a clear regulation as a remedy
for all men shall be so observed that if there should be any
delinquent taxes from past years of the indiction7 up to
the present eleventh year of the indiction,6 which either
remain delinquent in the case of a landholder or have passed
to the bond of a private obligation,' as customarily happens by the intervention of craftiness, by a written acknowledgment of debt issued to decurions or collectors of the
regular tax or to any other persons whatever, such delinquent taxes shall not be demanded at all, so that the stipulation' which was contracted for the reckoning of the fiscal
accounts and which was remitted by the humanity of Our
Clemency shall be deprived of collection. The account of
the regular tax payable in swine shall be excepted,9 since
it is Our will that on account of the supply of meat of the
venerable City, this tax should not be diminished by the
intervention of any indulgence.
2. On the following portion of the regulations also We
bestow the foresight and knowledge of Our august mind,
namely, that Our provincials, whom We have made exempt
from delinquent taxes, We may make devoted in the future and always financially responsible, since We have removed the harshness of the ruinous tax collectors. Indeed,
the apparitors of the prefects and the palatine office and
those of other offices have undertaken the collection of the
statutory tax accounts; contrary to the custom of the ancients they scurry through the provinces and by enormous
exactions they ruin the landholder and the decurion; they
so extort all things in accordance with their desire for their
own looting that when some definite or very small portion
of the tax is delivered to the public accounts, such greedy
and very powerful enforcement officer receives double the
amount, or more, as fees.3 For these reasons the ancient
foresight and the regulationo of Our ancestors, which We
follow and restore in all respects, entrusted such tax collection to the provincial offices,:" by whose efforts the collection of the fiscal tribute was duly made with adjustable
moderation through the decurions of each municipality.
Formerly if a tax collector who was of low status and well
known should have treated this collection too harshly in
accordance with the interests of his own profit, the trial
judge" of the province, who was easy to approach and ready
to grant a hearing, would relieve the harassed persons of
such depredations. But now no person before a provincial
5 The largesses or the privy purse.
7 praeteritaeindictiones,past indictions, past years of the indiction.

8 Taxpayers often signed a note or private stipulation and thus
borrowed money, usually from the tax collector, in order that they
might meet their tax payments, N1Marc 2, n. 7.
9 Nov. Val. 36.
10 CTh II, 7; I, 16, 5.
11 judicia, the offices of the governors of the provinces.
12 The governor who was the judge ordinary of the province.
E 552
judgel2 can convict the collectors of the regular tax who

are terrible because of the authority of their superior imperial service and who rage against the vitals and to the
ruin of the provincials, since the power of the provincial
courtl2 is subject and subservient to the arrogant apparitors,
who flatter themselves wholly in regard to the haughtiness
of their superior cincture of office, and since the person
who complains does not dare to come to Our court from
the distant regions of the province, with great losses, outlays, and expenses. To him, in his lamentation for his
hard suffering, the depredation of the savage tax collector
seems more tolerable than the result of obtaining revenge
which must be sustained under the great inconvenience and
expense of attending court. Hence it is that through the
outrage of the tax collectors the municipalities have been
deprived of their municipal senates and are not able to
have suitable decurions because the landholders have been
terrified by the atrocity of the tax collectors and are deserting their own fields. Such landholders no longer fear
the loss of their fortunes, but savage imprisonment and
the cruelty of torture by hanging,13 which the heartless
apparitors and military execution employ for the advantage
of their own avarice. In order that the venal wickedness of
the collectors of the regular tax may not further bring ruin
to public and private fortunes, the ancient custom shall be
restored and the entire administration of the tax collection
which gpust be made shall be the responsibility of the governors14 of the provinces, through whose offices We order
the annual tax collections to be exacted. Thus from.the
beginning of the twelfth year of the indiction"6 no collector
of regular taxes, no palatine, no minister of armed power 6
shall come to a province of Your Magnificence, but all the
fiscal taxes which must be expected from the provinces
shall be delivered through the judges12 of the districts,
who shall either incur the blame for their negligence or
await the praise for their industry. Thus the enforcement
officer who has been dispatched shall insistently urge the
governors 4 themselves only for the purpose of admonishing them.
3. Our Serenity has established this entire regulation as
a remedy for the landholder, since it is Our will that he
may sell his produce at a favorable opportunity for the
purpose of paying his tribute and shall thus be revived by
the grant of intervals of time. Hence the amount which
must be expected shall be paid in three installments for
each year of the indiction, and the collection of the annual
tax payment shall be duly made in quadrimestral payments.
It is Our will that the sum of this collection, as has been
made clear, by the industrious exertion of the governor17
shall be transmitted to the chest after a suitable collection.
4. Of course, suitable account must be taken of the powerful persons, whose overseers throughout the provinces
disregard the payment of fiscal taxes, while because of terror inspired by their arrogance they are not compelled to
payment, and they contumaciously keep themselves on their
landed estates, in order that no command of a judge 2 or
summons may come to them. Therefore We order the overseers and procurators of the houses of the Most Noble'"
and of powerful men to present and exhibit their presence
Is Not fatal but a form of torture, Nov. Val. I, 3.
14 rectores.
15 September I, 458.
17 moderator.
16 Of a military office.
18 Clarissimae domus, Senatorial houses.
NMaj 4-1
Public Buildings
to the judge who is traversing the province," in those
municipalities in whose territories they know that the
landed estates of their patrons are; and they shall remain
in the public view as long as they see that the trial judge1 2
remains in the aforesaid town. We order that this regulation shall also be observed by the overseers of the estates
of Our sacred imperial household. 20 For if any one of the
aforesaid overseers should be absent and should withdraw
for a whole year when he must be sued or summoned, he
shall be dragged off to punishment and after the time of
the indiction has elapsed, he shall be compelled to pay double
the amount which he is proved not to have paid. For just
as it is Our will that loyal taxpayers shall not be harassed
by the disadvantages and losses of an improper tax collection, so We prosecute rebels with the vigor of just severity.
12
5. Provision must also be made that provincial judges
shall not be falsely subjected to reproof on account of the
recommendations and fabrications of the apparitors who
grieve that, since this tax collection has been transferred
to the judges, 1 2 the loot of immense profits has been
snatched from their own jaws.2 1 For this reason We grant
to such judges the high honor that they shall have the right
to report to Our Clemency concerning the actions that have
been enjoined upon them and concerning the assertion of
their diligence, in order that We may especially judge
concerning the administration of those officials whose reports We deem worthy of the attention of the sacred imperial foresight among any public cares whatsoever, 0
Basilius, dearest and most beloved Father.22
edicts shall publish the most salutary provisions of this law,
in order that the remedies which have been granted may
come to the provincials and the judges' 2 may learn from
Our regulation that the power to make the public tax collections has been so restored to their diligence and vigilance
that not lightly must they be censured if they should not be
able to refute such active dissimulation in the court of the
Augustus. 23
Given on the sixth day before the ides of March at Ravenna.March io. Received on the fifth day before the aforesaid ides at
Ravenna in the year of the first consulship of Our Lord Majorian
Augustus.24-March II, 458.
TITLE 3: THE DEFENDERS OF THE MUNICIPALITIES' (DE DEFENSORIBUS CIVITATUM)

i. Emperors Leo and Majorian 2 Augustuses to all Gov-
ernors3 of Provinces.
When we consider the small population of the municipalities which are situated throughout all the provinces and
which, since the inhabitants are fleeing them, have been
deprived of the assistance of the defenders who, in accordance with the intention of the ancient ordinance, 4 had been
19 CTh I, 16, 12.
The private patrimony of the Emperor.

CiC. Cat. 2, 1.
22 Sirm. i, n. 3.
23 Most editors consider the text corrupt. If they should not be
able, because of indolent dissimulation, to answer to the court of
the Augustus, M.-M.
24
Nov. Maj. I, n. 3.
20
21
1 Ritter 5; CTh I, 29. The ms. of this constitution is defective and

part of the text has been lost.
8 rectores.
2 Nov. Maj. I, n. 3.
4 CTh
1, 29, 7;
CJ 1, 55, 5.
accustomed to vindicate each and every one of the citizens

from the wickedness of the arrogant, such solitudes must
be abolished by Our ordinances, . . . and We decree that
the method of the former custom which was scorned by all
shall be restored,5 namely, that men of upright character,
honor,... and foresight" shall be selected by the decision
of all,7 and they shall receive the authority to protect the
plebeians in their own municipalities. If any matters should
pertain to the public welfare," by the privilege of the dignity granted to them by law they shall have the power
either to execute such matters or to report them to the ears
of Our Clemency. For in this manner it can take place that,
when the vices of the arrogant have been suppressed by
such defenders and We are unaware of the things that are
happening in part of Our provinces . . . because We are
intent on greater cares, We shall be instructed for the correction of such matters by their reports. Those persons who
because of the outrages of the tax collectors seek rural
habitations and solitude shall live under the protection of
the defenders and thus shall restore themselves to the public
view and to the view of the cities by means of residence in
the domicile which they have again sought.' Wherefore
you10 shall learn the tenor of Our regulation, and you shall
admonish the decurions, dignitaries, and plebeians of all
the municipalities which are thronged with a great number
of inhabitants and which are established within the jurisdiction of your office that they shall employ discussion and
planning and shall choose for themselves defenders, and
they shall hasten the deed, in order that under this due
ceremony they may direct the petitions of each of the cities
to Our Clemency, because We do not allow the provincials
themselves to come to Our court on account of the expense
and difficulty of the journey. Thus when We have learned
of the character and persons of those men whom We judge
without corrupt solicitation 7 to be worthy of such a service
and honor, Our confirmation shall establish them as suitable defenders.
Given on the eighth day before the ides of May at Ravenna in
the year of the consulship of Our Lord Leo and Majorian Augustuses.-May 8, 458.
TITLE 4: PUBLIC BUILDINGS' (DE AEDIFICIIS PUBLICIS)

i. Emperors Leo and Majorian Augustuses to Aemilianus,

While We rule the State, it is Our will to correct the
practice whose commission We have long detested, whereby
the appearance of the venerable City is marred. Indeed, it
is manifest that the public buildings, in which the adornment of the entire City of Rome consists are being destroyed everywhere by the punishable recommendation of
the office of the prefect of the City. While it is pretended
that the stones are necessary for public works, the beautiful
structures of the ancient buildings2 are being scattered,
and in order that something small may be repaired, great
things are being destroyed. Hence the occasion now arises
6
Nov. Just. 15.
" approved honor and tested foresight, M.-M.

7CTh 1, 29, 6.
8CJ 1, 55, 8.
9Fugitive taxpayers shall return home.
' Ritter 6; CTh 15, I; CJ 8, II; 8, io; D 50, Io.
2 Especially pagan temples and shrines.
E5s3 ]
NMaj 4-1
Public Buildings
that also each and every person who is constructing a private edifice, through the favoritism of the judges who are
situated in the City, does not hesitate to take presumptuously and to transfer the necessary materials from the public places,3 although those things which belong to the splendor of the cities ought to be preserved by civic affection,
even under the necessity of repair.
i. Therefore, by this general law We sanction that all
the buildings that have been founded by the ancients as
temples and as other monuments and that were constructed
for the public use or pleasure shall not be destroyed by any
person, and that it shall transpire that a judge who should
decree that this be done shall be punished by the payment
of fifty pounds of gold. If his apparitors and accountants
should obey him when he so orders and should not resist
him in any way by their ovn recommendation, they shall be
subjected to the punishment of cudgeling, and they shall
also be mutilated' by the loss of their hands, through which
the monuments of the ancients that should be preserved are
desecrated.
2. We also order that from such places nothing shall be
taken away that petitioners have heretofore vindicated to
themselves by surreptitious actions that must be annulled;5
it is Our will that such places shall nevertheless return to
the public ownership and shall be repaired by the restoration of the materials which have been taken away. The
right to such petitions shall be abolished in the future.
3. Of course, if any building must be torn down for
necessary considerations, for the public construction of another work or on account of the desperate need of repair,
We direct that such claim shall be alleged with the suitable
documents before the Most August Order of the venerable
Senate. When it has decreed, after deliberation, that this
must be done, the matter shall be referred to the knowledge
of Our Clemency, so that We may order that such building
shall nevertheless be transferred to the adornment of another public work, if We should see that it can in no way
be repaired, 0 Aemilianus, dearest and most beloved
Father.'
4. Wherefore, Your Illustrious Magnitude by posting
edicts shall publish this most salutary sanction, in order that
those provisions which have been prudently established for
the welfare of the Eternal City may be preserved with
suitable obedience and devotion.
year of the consulship of Our Lord Leo and Majorian Augustuses.
-July Iz, 458.
TITLE 5: CADUCOUS GOODS AND THE

GOODS OF PROSCRIBED PERSONS' (DE
BONIS CADUCIS SIVE PROSCRIPTORUM)
i. Emperors Leo and Majorian Augustuses to Ennodius,
Count of the Privy Purse.

We approve the report of Your Sublimity, whereby you
call to Our attention that the profits of the fisc are being
8 Nov. Val. 35; CTh 15, I, 1o; CJ 8, II, 15.
4 Mutilation as a public punishment became more and more common, especially in the Eastern part of the Empire.
5 Nov. Th. 17, 1-2; Min. Sen., n. 25.
6 Of another building. Or: on account of the hopelessness of its
repair.
7 Sirm. I, n. 3.
1 Ritter 7; Nov. Anth. 3; CTh 9, 42; io, 8.
suppressed throughout the provinces in many cases by the

venality of the judges.2 For although caducous goods and
the goods of proscribed persons and also the goods of those
persons without a statutory heir who have been apprehended in crime and have been overtaken by the severity
of the law appear to belong to Our private treasury, they
have been hidden by certain frauds and denied to the resources of Our treasury.3 This was done particularly in
the case of the recent condemnation of the woman, Severina, who is asserted to have brought about the death of
her husband in the province of Picenum, and this matter
must not be passed over without investigation, 0 Ennodius,
most beloved Brother.4
i. Whence Your Illustrious Authority, whose prudent
recommendations We approve, in compliance with the command of Our pragmatic sanction shall immediately ordain
palatines,6 shall prefix 6 the divine imperial response of Our
Serenity, and by your own authority shall admonish the
judges 2 of the provinces by the interposition of a threat
that they shall refrain from such frauds and that they must
not place their desire for venality before the risk of their
status.7 Hereafter they shall provide that the palatine office
shall be informed when such a case occurs.
2. A more severe command shall be dispatched to the
governor" of Picenum, namely, that he shall make an inquiry as to all the taxable property of the af oresaid woman.
He shall seek out also and reduce into one substance the
property which could have been seized or lost from the time
of the trial and punishment whereby the guilty woman perished; he shall also investigate the fruits and the emoluments of income. If there should be any property also in
the possession of various illegal holders, he shall summon
those persons by whom such property could not be rightfully acquired, and he shall restore the property to the use
of the fisc. He shall send a report about everything and thus
inform the court of Your Magnitude. Thus just as that
property which was hidden has been found by a provision
that is advantageous to the fisc, so it shall profit Our treasury and shall not be lost by any fraud or connivance.
Given on the day before the nones of September at Ravenna in
the year of the consulship of Our Lord Leo and Majorian Augustuses.-September 4, 458.
TITLE 6: HOLY MAIDENS, WIDOWS, AND

THEIR SUCCESSION' (DE SANCTIMONIALIBUS VEL VIDUIS ET DE SUCCESSIONIBUS
EARUM)
i. Emperors Leo and Majorian Augustuses to Basilius,
Praetorian Prefect.
Since We have accepted the helm to guide the Empire,
We must consider in what ways Our State may be preserved and may make progress by arms, by laws, and by
2
Governors of the provinces, the judges ordinary. Cf. CTh 2,
29, n. I.
3CTh 9, 42, 5; 9, 42, 7; CJ 9, 49, 7; CTh lo, 8, 2; 1o, 8,
CJ Io, 10, 5, 2.
5;
An honorary title of address, Const., n. 5.

5 Apparitors of the Count of the Privy Purse.
6 To your edict, Sirm. 12, n. 8.
7 aestimatio.
8 consularis.
4
I Ritter 8; CTh 9, 25. The old Roman stock was threatened with
race suicide. A sanctimonialis was a holy maiden, a sanctimonial,
a nun.
[ 554 1
NMaj 6-1
Holy Maidens, Widows, and Their Succession

wholehearted reverence for religion. A very great advantage
is conferred upon the State by the present corrective regulations if the praiseworthy generation 2 of noble women should
be multiplied and increased by their procreation of children,
if the pious relationships between parents and children
should not be changed by any vices of insidious plots, and
if not unwilling minds should undertake the true worship
of God. For Our ancestors brought about that first of all
they should found the State by means of arms and religion,
and We forbid that its holy veneration should be injured
by the fabrications and the figments of mortals. For who
could endure that when parents hate their daughters, they
should not so much dedicateas condemn them by such plans
that while the daughters are still in the years of their minority, they are consigned to the necessity of perpetual virginity and the sacred veil is placed upon the heads of the
unwilling maidens, in order that, because of their immature minds, they may not be free to wish for anything else,
although such an observance that accepts such a rigorous
discipline' with a religious intention should be undertaken
not at the command of a person who so compels but upon
spontaneous and mature deliberation? For with great efforts must young maidens avoid and pass by the allurements of human desire, to which the ardor of youthful age
especially impels them. Thus when the passion of youth
has been allayed, virginity which has been consecrated to
God, may deserve to attain the years of old age and the
palm of celestial service, without any fault of repentance.'
For what does it profit if the desire of a maiden should be
suppressed by the paternal power and should deeply5 conceive a furtive wish to marry and, since she has been restrained from a legitimate union, should be enticed into
illicit allurements?
i. Hence, We provide that want and opprobrium must
not be invoked upon marriageable maidens,' through such
impiety of parents, and especially the practice must be abolished that such an offense against almighty God should be
committed by execrable mockery, and by this edictal law
We sanction that if fathers or mothers have removed their
daughters from secular associations and have resolved that
they should serve the precepts of the Christian faith with
perpetual virginity, such maidens who remain in the steadfast intention of the blessed life and who have not received
the veil of the honored head shall not obtain the right to
be consecrated before they have completed forty years of
age and have obtained the right to be honored with such
fillets by an observance that has been guilty of no offense.
Thus the passage of much time and the custom of celestial
service shall not leave any approach for a perfidious wish
because of new desires.
2. But if before the time which has been designated, any
of the aforesaid parents should cause or permit a holy
maiden' to be veiled while she is inflamed by other aspirations of her adult sex, he shall be fined a third portion of
his goods. The same penalty shall also constrain a girl who
is deprived of her parents and who wishes to be consecrated within the years of the aforesaid age. If deacons
also should furnish their service in such matters contrary to
Our interdictions, they shall be smitten with proscription.
generositas, noble breed, childbearing.
s philosophia, philosophy, stern discipline; the monastic life.
4 vitium paenitientiae,the sin of repentance, after assuming a vow.
5 The mss. have: artfully.
3. Because We have begun to consider the cause of such

women, and since it is Our will that they should pass willingly, and not by force, to the worship of divine religion,
7
if any girl should be thus sent away because of the hatred
of her parents and should undertake the purpose of preserving her virginity, and if she should be withdrawn from
the association of her brothers in a certain manner by
parricidal trickery, and if this should be done in order that
such girl who ought to be given to a marital union might
not obtain either a suitable gift of the father or mother' or
an equal share of the inheritance with the rest of the children at the death of the parents, when she is now free because of the death of her parents and has not yet passed
beyond the forty years of age, during which time she was
not able to be veiled, from the time at which she now begins to be legally independent,' she shall obtain the right
to marry. For the girl must not be judged sacrilegious if
she has indicated that she had not previously wished to
fulfill this service'o or at least that she had not been able
to fulfill it, since she had sought an honorable marriage,
because the teaching and doctrine of the Christian religion
have decreed that it is better for maidens to marry than
because of the natural ardor of their impatience for them
not to preserve the virtue of the chastity" which they
have professed. Therefore, when a girl has fulfilled the
nuptial rites and has come into marriage, if a disinheritance
should come to her from her parents on this account or if
the amount of the Falcidian fourth alone should be left to
her, this shall not harm her, but according to the norm of
the ancient law, she shall acquire by accrual either an equal
portion, if the persons written as heirs were the statutory
heirs," or a half portion, if they were extraneous persons,
as though she had been passed over in the will. Indeed, she
must be considered worthy of such reward and succession
if she has professed a desire for the procreation of children
and is striving to vindicate the noble birth of her family
from extinction.
4. Moreover, to such an extent do We favor those women
who with a spontaneous and laudable purpose have undertaken the observance of virginity out of love of holiness,
that if the profane desire of wicked men should attempt to
violate by the crime of rape a spirit devoted to God, the
person who commits such crime shall be subject to the
vengeance not only of the divine imperial constitutions,13
but he shall also be rendered liable to the accusation of

any person. Thus if any person after the issuance of this
constitution should prosecute with proved facts a man
polluted by so great a crime, he shall obtain the taxable
property and resources of the person so convicted. We order that such a crime shall be so far removed from religious
women that if any person should even attempt anything
similar in the case of any such woman, he shall know that
he will be smitten with an equal punishment.
5. Of course, We are deeply disturbed by the obstinacy
of widows who have borne no offspring and who condemn
their own fecundity and the renewal of their family by repudiating a repetition of marriage, since they do not choose
a solitary life in order that they may cherish their chastity
out of love for religion, but they seek after the courtship
of power by the fortunes of their childlessness and their
6 The mss. have: noble maidens.
7 To the celibatic life.
8 As
a dowry.
10 Of the celibatic life.
12 sui heredes.
9 suae potestatis: sui juris.
11 Paul, i Cor.
13 CTh 9, 25.
E 555 1
7, 9.
NMaj 6-1
Holy Maidens, Widows, and Their Succession
widowhood and they choose a lascivious freedom of living.

Either the pretended religion of the persons who court
them or the favor of a clever suitor applauds them to
every employment of such license. By an ancient regulation
We recall such women to the pathway of a more honorable
life, and by this eternal law We sanction that if a woman
should be bereft by the death of her husband while she is
less than forty years of age, while she is able by reason of
her age to procreate children, she shall marry within five
years. Therefore, We grant to her a delay of the current
lustrum in order that she may lay aside the mourning of
her grief during the space of the statutory time and may
have the power to choose a more noble marriage. But if
she should hate and repudiate the secular life and the conjugal rites, after the completion of five years, as has been
said, if she persists in her widowhood, she shall immediately divide her property with her brothers and sisters
german and their children, or with her parents and near
kinsmen, through whom the source of the family is renewed; or if perchance such persons should be lacking,
she shall share her patrimony with the fisc. She shall know
that within the lustrum of time which We have assigned
for grief and deliberation, she shall not alienate any property from the aforesaid six twelfths which Our Serenity
has established shall profit the parents or near kinsmen.
She shall be content with the usufruct only of living,">
for when she has been thus generous toward her near kinsmen, she will be able to prove that she had scorned a subsequent marriage because of her desire for chastity.
6. But there is a different reckoning for those women
who rejoice in the offspring that they have borne and for
this reason do not pass to a subsequent marriage, that they
may cherish with eager devotion the fond memory of their
deceased husbands by rearing and enriching their children.
They shall receive the freedom to marry, if they should so
prefer, and We absolve them from the conditions of the
aforesaid regulation, so that they may provide for the
children born from the former marriage by giving a surety,
provided, however, that the children for their part should
so wish, and this surety shall promise by a manifest agreement that all the items of property of the betrothal gifts
will be safe."
7. Of course We grant to mothers of continued widowhood a free choice to such an extent that during their lifetime they may either present children who are established
in the bosom of their indulgence with gifts according to
their merit, or they may institute them as heirs in their
last will.
8. We abolish that portion of the divine imperial constitution"' whereby it appears that mothers were permitted
to have the unrestricted right to confer the greatest portion
of the amount of the betrothal gifts upon one child, if they
should so wish. We order that the children shall succeed to
such property impartially, since indeed that gift which the
husband conferred upon his wife at the time of their marriage shall rightfully be counted among the paternal
goods.17 But if an extraneous person, as an heir or an insidious schemer, should beguile a mother, in violation of
respect for blood kinship and her purpose of piety, if any
property should thus be given or left by her while no just
usufruct for life?
15 CTh 3, 8, 2; Nov. Th. 14, I; Nov. Sev. I.
14 ususfructus vivendi, a
16
CTh 3, 8,
2;
Nov. Th. 14, 3; Nov. Sev. I.
17 Nov. Th. 14, 3.
causes for disinheritance exist, which causes shall be

proved without doubt by the person who appears to be
preferred to the children, or if any property should thus
be impiously alienated or fictitiously transferred, the whole
of such property shall be vindicated by the aforesaid
children.
9. Because the welfare of children is carefully considered by Us, since it is Our wish that they shall be procreated in great numbers for the advancement of the
Roman name and We do not permit the ones who have
been born to lose their due advantages, We consider that

precaution must necessarily be taken that an equal condition on both sides should bind a man and a woman who
are to be joined in a nuptial union, that is, the future wife
shall know that she shall never pay under title of dowry
less than she obtained as a betrothal gift.1 8 Girls and the
parents of girls and any persons whatever who are going
to marry shall know that if they should be joined in marriage without a dowry, 9 both parties must be so branded
with the stigma of infamy that neither will the union be
adjudged a marriage nor will legitimate children be procreated by such persons.
10. The avarice of certain persons must be prevented,
since they exhaust the resources of their sons-in-law and

by hidden fraud they cause the young men who are incautious and aroused by their desire for the future marriage to confer many things upon themselves or upon their
daughters or upon some suborned persons, before they
establish anything in regard to the agreement for the marriage. After the due solemnization of the vows has followed, they refund such property to their daughters, or
perhaps with a greater desire for perfidy, they consider
that the property has been acquired f or themselves. Whence
We so order that there shall be no effect of such shrewd
and deceitful falsehood, that the pretext of such a contract
shall be invalidated, and after the son-in-law becomes
legally independent, 20 he shall vindicate, or safely demand
by the lodging of an action, whatever he has been compelled to alienate through the semblance of a contract
which shall hereafter be illicit.
ii. Among other things, the avarice of inheritance hunters must also be suppressed, who sometimes sit at the bedsides of persons almost unknown to them and corrupt by a
simulated affection minds that are wearied by the very
illness of their bodies and no longer have sound judgment,
so that very many decedents are frequently oblivious of
their blood kinsmen and near relatives and appear 2 ' to
write extraneous persons as their heirs, when insidious
little gifts are being sent to them, when doctors are being
suborned who persuade them to wrong actions, who neglect their zeal for healing and become ministers of the
avarice of others. All these matters have been weighed by
Our Serenity with diligent consideration, and by the present law We decree that if a person is joined by no kinship
to a testator and is not one of the persons upon whom according to the ancient law, the succession could devolve
even on intestacy by any grade of kinship or by any title,
and if he should be instituted as heir or should receive a
legacy or a trust fund, he shall pay to the public treasury
18 Nov. Val. 35, 9; Nov. J. 97, 1-2; Lex Visigoth. 3, I, 5.
19 Mansi, 6, 402, 23; Burg. Rorn. 37, 1-2 MGH., 11. 5, 208, 6;
Mitteis, Reichsrecht u. Volksrecht
228-229.
20 SUi juris.
21Or:
are induced to write, M.-M.
[ 556
Decurions, Their Children and Landed Estates; Other Matters

a third portion of the property and items of property which
have been left to him, in order that by this fear at least
the inequity of testators and the improbity of inheritance
hunters may cease.
12. We command that all these things which have been
established for the future shall be valid from the day of
the issuance of this law, 0 Basilius, dearest and most beloved Father.22 Therefore Your Illustrious and Excellent
Magnificence by posting edicts shall publish this most salutary sanction, in order that all men may know that the
frauds and impious falsehoods of irreverent minds have
been abolished and that this constitution has been established which shall profit the correction of morals and the
public welfare, since the vigor of our ancestors has been
restored to the earth by the combined piety of all. 23
Given on the seventh day before the kalends of November at Ravenna in the year of the consulship of Our Lord Leo and Majorian
Augustuses.-October 26, 458.
TITLE 7: DECURIONS, THEIR CHILDREN,

AND THE SALE OF THEIR LANDED ESTATES; OTHER MATTERS' (DE CURIALIBUS
ET DE AGNATIONE VEL DISTRACTIONE
PRAEDIORUM EORUM ET DE CETERIS NEGOTIIS)
i. Emperors Leo and Majorian Augustuses to Basilius,
Praetorian Prefect.
No person is ignorant of the fact that decurions are the
sinews of the State and the vitals of the municipalities;
antiquity rightly designated their assembly "the lesser
Senate." 2 But the iniquity of the judges' and the punishable
venality of the tax collectors have brought it about that
many decurions are deserting their municipalities, disregarding the splendor of their birth status, and choosing
secret hiding places and residences on the rustic estates of
others. They also bring upon themselves the added disgrace that, since they wish to enjoy the patronage of powerful persons, they pollute themselves by unions with
colonae and slave women. Thus it has happened both that
the municipal senates have been lost to the cities and some
decurions have almost forfeited the status of their own
freedom through the contagion of baser unions.
I.4 In order that this practice may not be able to be permitted any further, We remit the punishment for past
presumption and by this most salutary law We sanction
that except for those decurions who have assisted their
municipalities by some performance of compulsory public
services' and for that reason are not lost to the municipal
senates by any prescription, 6 wherever decurions may be
found who have been absent less than thirty years previous
to the present time, the procurators or lessees of the landed
22 Sirm. I, n. 3.
23 The text and translation of the last sentence are uncertain.
1Ritter i; CTh 12, I; Brev. I; Nov. Val. 35; Edict Theod. 69;
Cassiodorus, Varia 5, 14, 4-7; 7, 47; 12, 15, 6-7.
2 The Senate was the one at Rome.
3 Governors of the provinces, the judges ordinary. Official corruption was uncontrolled and apparently uncontrollable, CTh 2, 29,
n. I.
4CTh 12, 19, I.

5 munerum collatio, performance of compulsory services, bestowal
of gifts.
6 Of
time.
NMaj 7-1
estates1 shall be constrained, the owners of the estates shall

be notified, and such decurions, together with their wives,
shall be restored to the cities which they had deserted. This
regulation should not be displeasing to the owners of the
fields, since they ought to be smitten by a more severe penalty, and they shall lose those women whom they permitted
to be joined in illicit unions. We do not except from this
constitution the estates of the household of Our Serenity.
2. We decree that their progeny must be so divided that
whatever children there may be of the male sex shall follow the father, and the female children shall be left to the
owner of the landed estate. The distinction shall be observed that if the children were born of colonae, they shall
be enrolled in the municipal council; if they were brought
forth by slave women, they shall be assigned to the guilds,
in order that the splendor of the municipal senate may not
be polluted by the baseness of the maternal blood.
3. In regard to guildsmen, those regulations must be observed which the authority of the previous laws" commanded. To these regulations the provision of Our Serenity adds that the guildsmen shall furnish services to the
municipality at alternate times, in accordance with the
arrangement of the decurions, and they shall not be permitted to reside outside the territory of their own municipality.
4. This sanction shall be sufficient for cases that are
pending, but for the future, We decree that the following
regulations shall be observed:" if any overseer or procurator without the knowledge of his master should receive a decurion and should not restore him within a year
to his own municipality, if such overseer or procurator
should prove to be a freeborn person, he shall be assigned
to the guilds; if he is a slave, he shall know that he must
be executed by the penalty of being cudgeled to death. If
it should be proved that this offense was committed with
the knowledge and consent of his master and that the deed
was not corrected also with punishment within the limits
of the statutory time, the owner shall be fined by the forfeiture of the very landed estate on which the crime was
committed.
5. Similarly, if any person should unite the daughter of
a decurion to his own slave, whether his overseer or procurator, or at any rate if he should permit her to be so
united, and if he should not restore her within the prescribed limits of time to her birth status and her city, she
shall indeed be recalled and restored to the municipal
council. We order that she shall succeed her parents on
intestacy impartially with the other children, because
through her progeny also the municipal senate must be renewed. But if it should be a man of ignoble birth statuso
who vainly and rashly took upon himself the name of husband, contrary to the interdiction of the law, he shall
nevertheless be assigned to the guilds; if he should be a
slave, he shall perish by the penalties suitable to slaves.
6. If the daughter of a decurion should disregard her
love for her native soil and should wish to marry into another municipality, she shall immediately confer a fourth
portion of all her resources upon the municipal senate
from which she desires to alienate herself. Without doubt
7 On which the decurions are found.
8 Nov. Val. 20; CTh 14, 4, 8.
9 CTh 12, I, 6.
10 originarius, of ignoble birth status, a colonus.
557 ]
NMaj 7.1
she shall bear her children as decurions for the city to

which she has migrated.
7. Since the trickery must continually be prevented of
those persons who are not willing to be what they were
born to be," if any decurion or guildsman should perhaps
withdraw from his municipality under the name of cleric
or any pretext of religion, according to the statutes of the
previous laws,1 2 if he should be proved to have a lower
rank than that of deacon, he shall be recalled without delay
to his birth status. If he should be found already to be a
deacon or priest or bishop at the time of the issuance of
this law, whether he is still obligated for his compulsory
public services or such duties have already been discharged, he shall recognize that he shall alienate nothing
from his patrimony. If it should happen that he has offspring of the male sex or near kinsmen who may undoubtedly fulfill the compulsory services of the municipal council, he shall not hesitate immediately to deliver to them a
half of all his resources, and he shall retain for himself
the remaining six twelfths for the usufruct. If he should
lack children of the male sex, he shall without doubt observe the aforesaid regulations in regard to his daughters,
provided, however, that they are joined in marriage to decurions. If perhaps the aforesaid person should completely
lack children, his patrimony"s shall belong to the municipal
senate of his city. Of course, if any such person is obligated by the bonds of his birth status and is from the
group whom We order to be restored to the municipal
senates, and if he should suppose that he should conceal
himself within the Church under the pretext of divine
service, the archdeacon shall be bound to deliver such
person.
8. At this point in the law also must be suppressed the
wickedness of those persons who have obtained the position of chief decurion and who sell fugitive decurions and
persons obligated as guildsmen, when they have extorted
money from them by secret depredation, although they
should have recalled them in all cases if they were mindful
of honor and paid any affection to their own municipality.
In order that they may not hereafter suppose that they
may commit such deeds with impunity, if any person
should be convicted in such wicked trafficking by the accusation of any person, he shall undergo capital punishment.
9. A decurion shall never alienate his landed estates,
either urban or rustic, without the interposition of a decree.
In order that a provincial judge- may not perhaps indulgently grant this privilege, easily or out of favoritism,
the case shall be dispatched with a report to the knowledge
of the Eminent praetorian prefects, to whom alone We
entrust the right to decide whether an ineluctable necessity
causes the decurion to sell. Otherwise contracts which have
been entered upon in regard to such property shall not be
valid. In selling a slave only, the formality of a decree
must not be required, if the subscription and consent of
five primates of the municipal council are proved to have
been appended."
10. In the midst of such matters, it is just that We
should make wise provision for those persons whom We
wish to be led back, in order that they may not be sub11 CTh 7, 21, 3;
12
Nov. Val.
20
12, I, 170; Nov. Th. 6.
and 35, 3 and 5.
13 That is, half of it during his life, and the whole of it after
jected to corporal indignities for a fault ..

often by
the anger of the judge.' Whence, whenever either a serious
fault or some crime of a decurion is proved, the judges 3
shall know that after he has been placed under the suretyship of the municipal senate, the case must be referred to
the Magnificent praetorian prefects, in order that it may
be established by their decision in what manner the crime
that is proved to have been committed shall be punished.
i i. The municipal councils shall never be fined by a
general condemnation by the governors1 of the provinces,
since of course both equity and the rule of the ancient law
prescribe that punishment shall pursue only the person, in
order that others may not be afflicted with losses perhaps
on account of the delict of one person.
12. Nothing shall be sought from the decurions in the
name of New Year's gifts and of travel money.' 7 If any
person should demand any of these things or should even
accept them from a decurion when he offers them, contrary to Our interdictions, such person shall know that a
pound of gold must be exacted from him for each decurion.
13. We do not consider that We should neglect that part
of the law in which provision is made both for the municipal senates and for the welfare of the landholders.
Therefore the right not only shall not be granted to a
provincial judge 3 to issue post warrants to any person, but
he shall not even be permitted to demand for himself,
when he begins to journey to another municipality, more
than one post wagon and two supplementary posthorses
for himself, and another post wagon and two supplementary posthorses for his office staff. If any person should
suppose that he should presume to take more, he shall be
constrained to pay eight horses which shall immediately
be added to the public post changing stations.
14. The collector of tribute shall know that nothing more
must be exacted from a decurion than the decurion himself
has received from the landholder, since the decurion must
equally be urged only to this duty, namely, that he shall
collect payments and shall reveal and convict the public
debtor. Moreover, no tax collector, under the pretext of
fraudulent disapproval, shall refuse a solidus of undiminished weight,' except in the case of a Gallic solidus,
whose gold is valued at a smaller estimation. Every occasion for extortion shall be abolished. Nothing shall be demanded in the name of payment for exchange of money;
thus if any person hereafter should suppose that he should
practice such usurpation, whether he should be a member
of the imperial service in the office of the praetorian prefect, a palatine either of the sacred imperial treasury or of
the privy purse, or a person who practices the profession
of trade, he shall know that he will be subjected to the
penalty of cudgeling and will perish by the punishments
appropriate for slaves.
15. Those frauds also must be prevented which are
customarily perpetrated by the shrewdness of the tax collectors in regard to differences in weight. Such persons
misuse the obscurities of antiquity, and to the ignorant
they make mention of Faustinall and other names. Such
practices shall be completely abolished and perpetually con15 For any fault, often on account of the judge's anger only, M.-M.
17 pulveraticum. Cf. CTh 7, 13, 16; 7, 24.
Is
Nov. Val. 16.
The third wife of Constantine. The reference is obscure, but

the allusion may be to some ancient coinage.
19
his death.
14 Nov. Val. 32.
E 558 J

demned by this law, and tested weights2 0 shall be sent by
the praetorian office, not only to each of the provinces but
also to each municipality. Every tax collector, as well as
every tradesman shall use these weights, and everyone
shall know that capital punishment awaits him if he should
transgress this constitution.
16. Among Our provisions the welfare of the office
staffs, in accordance with the merit of their labors, must
not be disregarded. Because We did command that all the
regular tax should be collected through the governors' 6 of
the provinces, both that which belongs to the chest of the
prefecture and that which must be paid to the sacred imperial or private largesses, 2 1 and We also commanded that
the two solidi for each taxable unit of land or each millena,22 which has been assigned to the largesses, 2 3 should
also be collected, We do not consider that it will be burdensome to the landholder, whom We free from many molestations of fees and from numerous losses of payment for
exchange of money, if We order him to pay one half a
solidus more for each taxable unit of land or for each
millena, 22 which shall be divided among the various office
staffs in accordance with Our order. Therefore the aforesaid sum must be so divided among the tax collectors, 4s
We have said, that a palatine shall receive a half siliqua 24
for the tax payable in siliquae of the entire remuneration
of two solidi each; the tax collector, a siliqua; moreover,
the decurion and the provincial office staff shall receive
four siliquae; the office staff of the prefects, of course,
shall obtain six and one half siliquae. If any person should
suppose that he should either exact or receive anything
more, he shall be subjected to flogging, deprived of his
cincture of office, and stripped of his resources.
17. That well known burden also must be removed from
the municipalities and especially from the orders of the
municipal councils and from the tradesmen, upon whom
the advent of the judge3 of the province inflicts no small
losses, namely, that they are compelled, as if by some law,
to support with choice luxuries a person who in many
cases tarries at his ease. We provide a remedy against such
injustice, and by this evident regulation We decree that no
municipality shall furnish provisions for the governor1 6 of
the province for more than three days during the time of
a whole year. Thus if he should wish to remain longer, he
shall know that he must live at his own expense. But in
order that a vague interpretation of the supplies that must
be furnished in accordance with humanity shall not, nevertheless, harass the aforesaid persons, an edict of the Most
Eminent prefecture, which We wish to be like Our own
command, shall reveal what must be furnished each day.
The condition shall be added that if a judge3 should suppose that he should demand anything beyond this measure
from the decurions or tradesmen, or that he should receive under the title of an offering that which he must be
supposed rather to have extorted, he shall immediately be
expelled from his administrative office, he shall forfeit the
privilege of his dignity, and he shall be stricken with proscription, 0 Basilius, dearest and most beloved Father. 25
I8. Of course, Your Illustrious and Excellent MagNov. Val. 16, 2.
The sacred imperial largesses or the privy purse.
22
per jugum vel millenam, Nov. Val. 5, n. 9.
23 Or: for their remuneration.
24 Nov. Val. 15. The translation is conjectural.
20
NMaj 7-1
nificence by your authority shall admonish the governors'

of all provinces that they shall compel the chief decurions
and elders26 of each of the cities to produce the membership lists which antiquity has written, both of the municipal councils and of the other bodies,2 7 and shall reveal
the families of obligated persons under execution of the
public records at the risk of capital punishment, so that
the regulations that have been established may be brought
to the knowledge of all by means of edicts that have been
posted.
in the year of the consulship of Leo and Majorian Augustuses.November 6, 458.
INTERPRETATION: This law of Majorian establishes the

regulations which must be enforced with evident observance in regard to decurions, namely, that within thirty
years only, just as the law28 which was formerly issued
with regard to all persons testifies, decurions must be recalled to their own municipal senates which they have deserted. The law specifically confirms that those regulations
in regard to guildsmen shall be enforced which the law
written in the Corpus of the Theodosian Code makes clear.
Therefore the law commands that if the overseer of any
landholding should receive a decurion without the knowledge of the owner and after the passage of a year should
not cause him to be recalled to the municipality of the
municipal council to which he is due, if the overseer himself
should be freeborn, he shall be assigned to a guild; if he is
a slave, he shall be beaten with cudgels. If he should presume to hold a decurion beyond the space of a year with
the knowledge of his master and should not return him
after a year without delay to his own municipal senate, as
has been said, the owner of the landed estate shall know
that he will forfeit the landed estate itself on which the
decurion is found.
If the daughter of a decurion should unite herself either
to a slave, an overseer, or a procurator, or if the owner of
the land should permit her to be so united, and if she
should not be restored after the space of a year to the
municipal council, she shall be returned immediately and
shall succeed to the inheritance of her decurion parents,
because through her the municipal senate will be able to be
renewed, if she has united herself to a decurion. If that
person should be a colonus by whose cohabitation29 the
daughter of a decurion has been defiled, he shall be assigned to a guild; if he should be a slave, he shall die by
torture. If the daughter of a decurion should be unwilling
to receive as husband a decurion of her own municipality
and should desert her own municipality and betake herself
to another, she shall be compelled to pay a fourth portion
of her resources to the order of the municipal council
which she despised, and without doubt such daughter of a
decurion shall bear her children as decurions for that municipality to which she transferred herself, if she has received a decurion as husband.
Moreover, if a decurion or a guildsman should be unwilling to be what he was born to be, and if he should wish
to be a cleric and should be established in any office whatever below that of deacon, he shall be recalled without any
delay to the office of his own birth status. But if he should
21
25
Sirm. I, n. 3.
seniores.
27 corpora, bodies, groups, guilds.
26
28
Nov.
29
contubernium, a slave union, not a legal marriage.
Val. 27; CTh 4, 14, L
E 559 ]
NMaj 7-1
already have been ordained a deacon or priest or at any

rate a bishop, whether he has discharged his compulsory
public services or has not discharged them, he shall not
presume to alienate anything from his patrimony. If he
should have children of the male sex or near kinsmen,
upon which persons only the compulsory service of the
municipal council is imposed in order that it may be fulfilled, he shall not delay to give immediately to such persons one half of his resources, and one half he may retain
for himself for the usufruct. If he should not have either
sons or at least near kinsmen of the male sex, but should
have daughters, whom the law makes alien from such compulsory public services, then he shall deliver to them six
twelfths of his goods, provided, however, that they have
received decurions as husbands, through whom the compulsory public services may be fulfilled and from whom
sons may be born who shall rightly be called decurions. If
such daughters should not marry decurions, the patrimony
of the aforesaid decurion shall belong to the senate of his
own municipality.
If any of those persons, who We have said above must
be recalled to their own municipal senate or birth status
without any exemption of high rank, should take refuge
in the confines of a church, the archdeacon shall be held
obligated so that he must deliver him.
Of course if any person, for the acquisition of gain,3 0
should sell a decurion who is in hiding, although he ought
rather to recall such decurion, he shall know that he will
be punished with the capital penalty.
Decurions also are ordered not to sell their urban or
rustic landed estates without the interposition of a decree,
unless it is reported to the authorities 3 ' that a strict necessity to sell threatens such decurion. However, he shall have
the unrestricted power to sell slaves without a decree, provided only that five primates of the municipal council shall
subscribe as witnesses on such deed of sale.
For it was the intention of the law that wise provision
should be made for decurions, that neither those who must
be recalled to the municipal council nor those who are held
liable to punishment in a grievous fault should sustain tortures so easily, but they shall be dispatched to the Most
Worthy authority" under bond of a surety, so that the
praetorian prefect may render a decision in regard to their
misdeeds, and the entire order of the municipal council
shall not receive punishment for the fault of one person,
but only the person who is proved guilty. For the law commands that the municipal council shall not suffer losses in
those matters whereby some payments are conferred upon
a judge through fees.
The remaining portion of the law has not been interpreted, because the provisions which it contains are not in
use and certainly are not considered obscure to understand.
TITLE 8: THE RESTORATION OF THE RIGHT
TO USE WEAPONS' (DE REDDITO JURE
ARMORUM)
TITLE 9: ADULTERY' (DE ADULTERIIS)

i. Emperors Leo and Majorian Augustuses to Rogatianus,
Governor 2 of Suburbicarian Tuscany.
You report that you have tried a case of adultery which
should be conducted according to the laws, at the urgency
of the divine imperial response of Our Eternity, and as
you testify in your report, you have deemed Ambrosius
worthy of temporary exile by relegation, although he was
convicted and had confessed to a nefarious crime. Not
only leniently, but even negligently you have considered
the outrage that resulted in another man's sorrow, in that
you judged that in a case of the disgrace of destroyed
chastity and that highest crime in which is contained all
that is unworthy of a man, the offender should escape
without losing his life. You report, however, that the
criminal has violated the sentence and has fled immediately from the place of exile, and you have consulted Us
as to what We sanction shall be done. Therefore a general
rule which shall remain forever for conducting such a
trial must aspire. .
. Of course, the very circumstances
demand severity. Therefore, dearest Rogatianus, you shall

know that to the rigor of the ancient discipline Our
Eternity has added this measure of enforcement, namely,
that according to the law' of former sainted Emperors
who have decreed such regulations in similar cases, deportation shall be added and shall immediately follow the
exile by relegation of such opprobrious and nefarious
criminals. All their goods shall be vindicated to the resources of the fisc, and they shall be removed from the
society of all Italy. The right to destroy such persons shall
be announced to everyone by the posting of edicts. By this
right the person who abuses the leniency of his sentence
must be so pursued everywhere that if he should be found
in the part of the world included in Our Empire,4 he shall
appear to have been slain rightfully. Thus by the severe
punishment of the sanction which proceeds from Us, for
the future We maintain the chastity of the marriage bed
safe from the invasion of crime, and by the example of
lust that has been suitably punished, passion and wantonness shall be kept from an assault upon chastity, which
shall appear to be under public guardianship, so to speak.
It shall be generally manifest that violated chastity is so
near to Our heart that, since just punishment has been
established, by this edictal decree We command that a like
crime shall be punished severely in future times also.
Given on the fifteenth day before the kalends of May at Arles in
the year of the consulship of the Most Noble Ricimer.-April 17,
459.
TITLE 10: NEITHER A SENATOR OF THE

CITY OF ROME NOR THE CHURCH SHALL
BE COMPELLED TO DELIVER TO THE FISC
ANYTHING THAT HAS BEEN LEFT TO
THEM IN A TESTAMENT BY CERTAIN PER' CTh 9, 7; CJ 9, 9; D 48, 5; Burg. Rom. 25; Hor. Sat.
2,
7,
61-62; Quintil. Inst. 5, 1o, 104; 7, I, 7; Declam. 277; Amm. Marcell. 28, r, 16.
s0 intercessio commodi.
s1 potestates.
1 Nov. Val. 9; CTh 15, 15. The text of this Novel has been lost.
See M.-M.
E 560
6 a general edictal rule . . . for conducting the trial and for

avenging chastity must, Seeck.
4 The western part of the Empire, which was directly subject to
Majorian.
NMaj
Charioteers and Seditious Persons

SONS; URBAN PEOPLES' (NEQUE SENATOREM URBIS ROMAE NEQUE ECCLESIAM EX
TESTAMENTO SIBI A CERTIS PERSONIS ALIQUID RELICTUM FISCO INFERRE COGENDUM ET DE POPULIS URBICIS)
TITLE 11: EPISCOPAL COURTS; NO PERSON
SHALL BE ORDAINED A CLERIC AGAINST
HIS WILL; VARIOUS MATTERS' (DE EPISCOPALI JUDICIO ET NE QUIS INVITUS
CLERICUS ORDINETUR VEL DE CETERIS
NEGOTIIS)
I. Emperors Leo and Majorian Augustuses to the Illustrious Ricimer, Count and Master of both branches of the
Military Service and Patrician.
(An excerpt of material that is necessary to this place.) 2
You shall know that in regard to undertaking the duties of
the clergy, We have given a choice, not a law,3 to each and
every person, because just as We permit that any holy
burdens whatever may be imposed upon persons who are
willing, so We order that such burdens shall be removed
from those who are unwilling. For the persuasion of some
priests imposes that burden upon persons who resist it, so

that the offense of violence that is interposed is teaching
minds without foresight to hate pious religion. For this
reason, therefore, We abolish the right to such presumption, so that if any person should be proved to have been
forced by violence and by public disgrace to undertake the
duties of the clergy, We grant to voluntary accusers or to
him, if he himself should wish to allege the wrongs which
he has suffered, the right to obtain condemnation for such
crimes before competent judges. Thus if such charges
should be established according to the laws, 4 an archdeacon

shall be compelled to pay ten pounds of gold to the person
who endured such wrong, and this shall be paid thereafter, if such person should desist,5 to the profit of the re1 The text of this Novel has been lost. See M.-M.
1 Ritter 2; Brev. 2; Nov. Val. 35; Nov. Maj. 6; Nov. Sev. i.
2
De re necessariaad locum, CTh 2,

3 lex, an inflexible rule.
1o,
12-1
sources of the accuser and6 the senate of the municipality.

That person shall be restored to his own desires who could
not be consecrated because he had been coerced. Because
from such audacity .
..
and it is not seemly that a bishop
should be alien to a sense of shame, such bishop shall be

summoned to the bishop of the Apostolic See," in order
that he may incur the brand of illicit presumption in that
most reverend court.
Because, of course, there is a not unjustifiable suspicion
that the collusion of parents is in many cases involved in
this matter, while they favor some children with an excessive love and persecute others with an unjust decision,
We order fathers and mothers alike, if they should be
proved to have subjected their children against their will
to the aforesaid burden, to be afflicted with the loss of a
third of their goods, and this third shall profit the fortune
of the child himself.
Of course, if any person should have been ordained
bishop against his will, We do not permit this consecration
to be violated by any accusation.9
Given on the fifth day before the kalends of April at Arles in the
year of the consulship of the Most Noble Magnus and Apollonius.
-March 28, 460.
INTERPRETATION: This law was not writteno in its en-
tirety because what it says in regard to "Various Matters" has been expressed in the other laws with an evident
interpretation. But it has this further provision which we
have caused to be written at this point in regard to "Those
Persons Who are Ordained Clerics Against Their Will,"
which can be understood of itself without interpretation.
TITLE 12: CHARIOTEERS AND SEDITIOUS
PERSONS' (DE AURIGIS ET SEDITIOSIS)
4 in
a suit, M.-M.
5 From the suit.
6 or, M.-M.
7 Supply: from such audacity the bishops do not refrain, M.-M.
8 The court of the Pope of Rome.
9 A spurious passage is here appended in some manuscripts and
editions. See the note of M.-M. to this Novel, and compare CTh 9,
45, I; 9, 45, 4-5; Lex Visigoth. 6, 5, 16; 9, 3; Lex Baiuvar. 1, 7.
10 scripta, copied here in its entirety by the Interpreter; or copied
entire in the text, which is an excerpt.
6, n. 15.
1 The text of this Novel has been lost. See M.-M.
E 561 ]

MARCIAN AUGUSTUS
ta..u..m...............U........
...........................................................
TITLE 1: NO PERSON SHALL BE PRODUCED

AT THE IMPERIAL COURT FROM A PROVINCE EXCEPT ON THE REPORT OF THE
JUDGE FROM WHOM HE HAS APPEALED
(NEMINEM EXHIBERI DE PROVINCIA AD
COMITATUM NISI AD RELATIONEM JUDICIS
A QUO FUERIT APPELLATUM)
i.2 Emperors Valentinian and Marcian Augustuses: An
Edict.
When Our Clemency eagerly desires to provide many
kinds of remedies for Our provincials Our frequent meditation is sufficient and Our actual experience in affairs
contributes thereto. For even though We had completely
eradicated the venal and corrupt solicitation of judges' and
had compelled, even against their will, to the honest government of private and public affairs men who are worthy
of esteem and prudent of course, We know that the State
will be fortunate if it should be ruled by men who are unwilling and who resist appointments to public service, 4
there immediately occurs to Our Piety in Our considerations, the manner whereby persons who are in need of the
aid of the laws may be freed from the necessity of a long
journey and enormous expenses. For you see long lines,
you see infinite troops of persons who arrive not only from
neighboring provinces but also from the farthest borders
of the Roman world, coming together and bringing complaints against their adversaries. This certainly would not
have happened at all if the integrity and severity of the
judges3 had flourished in their own districts. Therefore, in
order that such disgraces may not be extended even
further, in order that no person may leave his lares, or
certainly his beloved children 5 and wander for a long time
through unknown parts of the world, by this very wise
edict Our Piety decrees that the following regulation shall
equally be established and published to all men:
i. If any person should undertake to bring a civil action,
or at any rate, a criminal accusation, against his adversary,
he shall approach the Most Noble governor 6 of the province, shall present his complaint, shall make known his desire, and thereafter shall expect the fully ready and prompt
aid of the law. Such judges shall oppose the benign force
of the laws against harmful power ;7 they shall oppose a
1 Nov. Th. I, n. i.
2 CTh 2, I; Nov. Val. 35; CJ 7, 5.1, 4; Lex Visigoth. 2, I, 24.
This edict was addressed to all the people of the empire.
3Governors, the judges ordinary of the provinces. Cf. Nov. Maj.
2, I,
3, and CTh
2, 29, n. i.
I Plato, Republic 7, 5.
6
5 pignora, pledges.
rector, n. 3.
7 Powerful persons. The reference is to persons like the eunuch
Chrysaphius, who was an all powerful politician under the weak
Theodosius II but who had been beheaded by Marcian shortly after
his accession on August 24, 450. Cf. CTh 3, 1, 9, n. 24.
[ 562
spirit of integrity to riches. Arrogance, which is nothing

at this time, shall not terrify such judges;' no matter what
wealth may be offered to them, it shall not effeminate their
purpose of severity. They shall not look up to a higher
fortune, they shall not look down on a more humble fortune, but not unmindful of the mandates of Our Piety,
they shall come to the aid of each and every person both
by means of the ancient law and by Our own. For those
persons who prove their complaints, they shall make wise
provision, either by preserving their security from loss or
by executing the statutory punishment.
2. For these reasons, therefore, it is Our will that no
person shall produce in court his adversary from nearby or
from remote regions, either through sacred imperial rescripts or through the decisions of the Most Magnificent
and Illustrious judges,' unless perhaps on account of the
powerfulness of his adversary or the difficulty of the case
itself or the weight of a public debt, if the governor' of
the province should be inadequate, aid should be sought
from a Respectable judge' who sojourns in these districts
or in a neighboring district, or from the Most August
authority,10 or from other higher judges.
3. These matters have been thus arranged in accordance
with your welfare and the humanity of Our Empire, and
each and every one of you must observe the things which
We have said, since there are in their districts judges
who are guardians and vigilant defenders of the laws, so
that each person can both approach the judges in regard
to doubtful matters and can obtain friendly aid according
to the laws, without a foreign journey and without expenses. But if any person should be held in contempt by
his adversary, as though such adversary exceeded the
power of the office of the governor of the province," or
if he should not be heard by the judge,' and if, mindful
of his own risk, he should promise that he will prove such
fact in a court of the Most August authority 0 or in another
higher court, provided that it is a competent one, through
a report of the judge which was dispatched against his
adversary, or if he should promise that by certain evidence
he will prove that the judge has disregarded the edicts of
Our Majesty, 2 then after his security from loss has been
preserved for him according to the laws, the punishment
also which is suitable according to law shall immediately
follow against the person who has been convicted.
4. But if an appeal before a judge should follow, those
regulations that were anciently established by the laws"
in regard to appeals shall be the more diligently observed
in all respects.
5. To the foregoing provisions, another greater matter
is added which heretofore has especially harassed innocent
persons. For some persons are distrustful of their own
8 The prefects.
9 A vicar.
11 provinciale praesidium.
12
13 CTh II, 30, 25, etc.
As stated in this Novel.
NMarc 2-1

allegations and desire only to harass their adversaries, and
they contend with their adversaries not by law, but by
trickery. Through falsified speeches and ornate words they
sometimes confuse the laws by means of their trickery and
drag their adversaries to alien courts. Thus it happens too

often that a soldier goes as a foreigner 4 into a civil court
and a private citizen goes as a foreigner'14 into a military
court, each of which is unsuitable for them. Therefore, by
this most prudent edict Our Piety decrees that such practice shall be corrected, in order that it may not persist
further, to the injury of Our subjects, through contempt
of the law and the statutes." For in accordance with the
ancient and most salutary regulations and in a forum that
is appropriate and not incompetent for the litigation, We
order that all persons, without resorting to any false pretexts, shall sue their adversaries who perhaps delay satisfaction.
6. A plaintiff shall follow the forum of the defendant.16

This regulation shall be preserved intact and inviolate,
since it appears that it was decreed not without the celes-
tial imperial decision. No person shall request from Our

Serenity-for he will not impetrate a rescript, a mandate,
or an order which is called "sacred"-that his adversaries
should answer to charges in a court that is not competent,
especially since at this time, as has been said above, each
and every one of the Most Noble and the Respectable
judges, provided, however, that usage so demands for the
aforesaid reasons, can offer his undivided attention to those
who approach him and can judge with an upright purpose,
since he has put behind him all malice and has spurned all
favoritism.
7. It is Our will that this regulation shall be observed also

in military matters and that no person anywhere who is
associated with the armed imperial service shall be dragged
to distant regions; but he shall be sued in his own district
before the competent judge, unless, however, he should be
accused in regard to very important and necessary matters,
which exceed the authority of the military judge in his own
district. If any person by his suit, according to the regulation that has been given, should drag his adversary to distant courts, and if the trial should be delayed by the fault
of such plaintiff, or if he should not be present at his own
action, or if he should not prove the charges which he has
brought, he shall not be ignorant of the fact that he must
indeed pay the penalty established by the laws against calumny. But in a pecuniary case, after the expenditures and
costs, the value of the property demanded, and the distance
of the intervening journey have been taken into consideration, he shall sustain a fine in accordance with the appraisal
of the judge. For it is proper that if any person who is
goaded by avarice and incited by malice should attempt to
disturb the limitations of the laws of Our ancestors and
Our laws, and invade the camps of military persons, he
shall be restrained at least by being informed of the loss
by which he is the more severely punished.
8. Therefore, make wise provision for your interests;
obey Our most salutary regulations. No person shall request from Our Piety, since We are occupied in more important matters, nor from the Most Magnificent and Illustrious judges," the assistance of producing a person in
court, except in very important and necessary matters, as
14 Since that was
CTh 2, I.
not his forum.
Given on the fifth day before the ides of October at Constantinople

in the year of the seventh consulship of Valentinian Augustus and
the consulship of the Most Noble Avienus.-October II, 450.
INTERPRETATION: If any person should sue his adversary
either by a suit for recovery or by the interposition of a

criminal accusation, he shall bring his action in the province in which the defendant lives, and he shall not suppose
that his adversary should be dragged to a court elsewhere
or too far away. But if the person who is sued should consider the judge suspect, he shall be permitted to appeal from
him. Military persons also shall be held by a like order,
so that they shall bring the actions which they believe are
available to them before competent judges, because it has
been established by all the laws that the plaintiff shall follow the forum of the defendant.16
TITLE 2: THE REMISSION OF DELINQUENT
TAXES' (DE INDULGENTIIS RELIQUORUM)
I. Emperors Valentinian and Marcian Augustuses to Palladius, Praetorian Prefect.
It is Our constant care to provide for the welfare of the
human race; for We make provision day and night that all
persons who live under Our sway shall be defended by the
protection of arms from the attack of the enemy and shall
possess unrestricted leisure and security in time of peace.
Therefore We admire the laudable recommendation of
Your Excellency which clearly shows, in addition to the
other virtues in which Your Sublimity is very rich, the
humanity.of Your Eminence also. For you testify that the
collection of the debts which become delinquent taxes is a
burden to those who are obligated, and you justly request
that the aforesaid debtors shall be freed by Our sacred imperial indulgence. Hence We decree that your admirable
recommendation shall be approved.
I. Therefore, for the security of the provincials, the
collection of delinquent taxes shall cease, and such debts
shall be canceled from the beginning of the sixth year to
the end of the fifteenth 2 of the indiction that has just
elapsed, whether such taxes are known to be delinquent in
the public accounts from the landholdings ... either of Our
patrimonial estates or of the temples, whether of municipal
or fiscal ownership, whether in gold, in silver, in supplies,
in any kind of minerals3 or in any other kind of payment.
Whether such taxes are owed to the chest of Your Sublimity or to Our treasures,4 or to Our sacred imperial
treasury, whether they are for the cellar supplies5 of Our
private estate or for the household of the imperial domain,
or for the public works of this renowned City, all shall be
17 plus petitionis. The established penalty for an excessive claim
was the loss of the suit.
I Nov. Val. i; Nov. Maj. 2; CTh II, 28; Brev. 2.

2 September I, 437-September
I, 447.
3 metallica materia, metals and minerals, especially quarried stone.
4
35
16
has been provided above, such as public affairs or public

debts. For if any person in other cases than those that are
stated in the edicts, with impudent intention should despise
these regulations and should first approach the higher judge
or Our Majesty, contrary -to the order of the laws, he shall
know that he will not only be subjected to the loss of his
suit and to the risk of an excessive claim," but he shall
also be subjected to the competent punishment.
A common maxim: CTh 2, I, 4; Nov. Val. 35,
2.
thesauri.
5 CTh I, 22, 4, n. 20.
[ 563 J
NMarc 2-1
remitted f or the taxpayers, likewise for the decurions,6

gubernatorial apparitors, 6 or provincial office staffs," and
others who are found to be obligated.
2. In order that no obscurity of fraud may be able to impede Our generosity, even if a public debt is said to have
passed into a private contract or a written acknowledgment
of debt,7 or to have been novated, or if any decurion or
gubernatorial apparitor as tax collector should allege that
he has paid taxes for an obligated person, nevertheless, Our
liberality shall remain valid.
3. No occasion for complaint in regard to tax collections
shall be permitted to decurions also and to gubernatorial
apparitors against military tax collectors and military tax
accountants or Our most loyal soldiers, and thus such military tax collectors, tax accountants, and most loyal soldiers
shall in turn remain silent and bring no action for such public debts against persons of the class of decurions," gubernatorial apparitors, taxpayers, provincial office staffs, or
actual decurions,9 even if they should contend that they
have made any expenditures on behalf of other persons.
4. Moreover, if anything is owed in the provinces from
the tax account of the Senatorial tax payable in folles,1 0
We order this also to be remitted.
5. However, if any such debt from the fifteenth year" of
the indiction or of previous times has been assigned to the
expenses of the first yearl2 of the indiction or of later times,
or if any such debt is owed from the taxes on ships or the
prices of materialsis and on property that has been relieved
of taxes or given 1 or transferred, or from taxes that have
been commuted into money, or from the chest of the most
sacred City of Constantinople, such payment shall not be
included in the benefit of this bounty.
If any payment has been assigned to the public works of
the municipalities, in gold, in supplies, or in materials, 8
and if it is proved that this payment has not been expended,
an account of it shall also be preserved intact. Those persons who are thus obligated shall not be able to rely on the
aid of this bounty, but if they are found to be so obligated,
they shall be compelled to complete the works which they
have begun and to render an account of the expenses. For
this generosity of Ours must not be extended to the point
that what has been delegated to the adornment of cities
should unjustly profit the gain of others.
6. All men shall know how much Our Piety has benefited
them, and in the future they shall render their public tax
payments in a spirit of devotion, since they know that they
have been freed from such past debts, 0 Palladius, dearest
and most beloved Father.1 5
by posting edicts shall provide for the publication of the
regulation of this most salutary pragmatic law throughout
6Who were responsible for the collection of taxes.
7 The
tax collectors often contracted, at a good profit, to pay the

taxes for taxpayers who were unable to pay their taxes when they
became due. By assuming such obligations, the tax collectors converted public debts to private contracts, Nov. Maj. 2, n. 8.
8 curiales, persons of the decurion class.
9 decuriones.
10 The Senatorial land tax, or glebal tax.
11 September i, 446-September I, 447.
12
Either September I, 447-September I, 448, or September I,
432-September I, 433.
13
34
Especially building materials.

By the Emperor, CTh io, io; II, 2o.
15 Sirm. I, n.. 3.
all peoples and judgesl6 of the provinces, that in security

they may gladly learn of both the benefit of Our Piety and
the fruit of their own security.
Written to the Illustrious Palladius, Praetorian Prefect of the
Orient, to the Illustrious Hermogenes, Count of the Sacred Imperial
Largesses, to the Illustrious Genethlius, Count of the Privy Purse,
to the Illustrious Maximinus, Count and Grand Chamberlain . . .
in the year of the seventh consulship of Our Lord Valentinian Augustus and the consulship of the Most Noble Avienus.-After October 1z, 450.17
INTERPRETATION: This law contains the provision that by
a special grant of favor of the Emperor, delinquent payments of tribute should be remitted throughout the provinces
and should not be demanded. However, if the taxes which
have been collected should appear to have remained in the
possession of the tax collectors, the law commands that such
payments must not be lost to the public resources; but
that which has been collected shall be delivered by its retainers to the imperial treasures, 4 and that which has not
been paid shall not be demanded from the provincials or
from the landholders.
TITLE 3: THE LANDED ESTATES OF ALL

THE MUNICIPALITIES (DE PRAEDIIS CIVITATUM OMNIUM)
I. Emperors Valentinian and Marcian Augustuses to Palladius, Praetorian Prefect of the Orient.
A man proves the fault of his own avarice if he delays to
discharge the due compulsory public services2 for the landholdings which he possesses. Therefore among all the other
excellent actions with which Your Sublimity benefits the
State, We justly praise also the recommendation which you
presented concerning landed estates that are subject to municipal ownership, whereby you request that if any persons
should have -obtained the aforesaid landed estates with the
municipal regular tax removed, they shall be compelled in
the future to assume the ancient tax.
I. Therefore Your Excellency shall know that it is Our
pleasure that if any person, either by title of gift or by purchase or by any other title whatever, after the year of the
consulship of Auxonius and Olybrius," has received landholdings that are subject to municipal ownership, but only
those that are truly proved to be of such ownership, that
belong to any municipality whatever and especially to this
eternal City to which We owe greater favor, landholdings
of municipal ownership, as has been said, as well as agonothetic landholdings,' and if the municipal regular tax has
been removed from such landholdings, such persons shall be
ordered to pay to the municipality to which the landed
estates belonged the regular tax which was imposed upon
landed estates, according to the trustworthy record of public documents. From the present fourth year 6 of the indiction also the collection of the regular tax for past time shall
cease, and inviolate ownership shall remain in the posses16 Governors, the judges ordinary of the provinces.
17
The Novels are arranged chronologically and Nov. Marc. i
was issued October II, 450.

1 Nov. Th. 23;
2
CJ
, 70, 5; Brev.
2.
Such as taxes and rental payments.
8 CTh II, 20.

4 379.
5 agonotheticae possessiones, landholdings set aside for the support of the expenses of the games.
7 dominium, ownership, control, possession, dominium.
[ 564 J
Marriage of Senators
sion of such persons and their successors and the possessors
of such property. For if We do not permit payment of
debts to be refused to private persons, much more must
the debts that are legally owed be paid to the municipalities,
since it shall be sufficient for the landholders that ownership7 shall remain in their possession perpetually, in accordance with Our liberality.
2. However, if any landholdings subject to municipal
ownership at the present time are paying to the private
imperial largesses a regular tax which either has never been
removed or was later imposed, such landholdings shall not
pertain to this pragmatic order, but according to custom
they must pay to Our private treasury the regular tax which
they now assume. In the same manner, ownership 7 shall
remain firmly in the possession of such landholders and
their successors and the possessors of such property.
3. We also approve and confirm the regulation of Your
Eminence, that if any persons have been fined because of
the displeasure of any judge whatever, and if they are
known still to owe a part or all of such fine, by the indulgence of Our Clemency they also shall enjoy the favor
that they shall not endure the forced payment of such fine,
0 Palladius, dearest and most beloved Father.'
4. Therefore Your Excellency shall not delay to publish
to the governors9 of the provinces the regulations which We
have sanctioned through this pragmatic law, in order that
the municipalities, the landholders, and all others in regard
to whom We have established these regulations may rejoice that wise provision has been made for their welfare.
Given on the fifteenth day before the kalends of February at Constantinople in the year of the first consulship of Marcian Augustus.
-January x8, 451.
INTERPRETATION:
If any property should perhaps come
to private persons from fiscal lands or buildings, either by

gift of the Emperor or by sale or in any manner whatever,
this law establishes that when the regular tax has been paid,
such property shall be held perpetually by the possessors,
and when the fiscal debts10 have been discharged, the persons who possess such property shall have the power to
leave it to their heirs or to give it to whomever they may
wish.
TITLE 4: MARRIAGE OF SENATORS' (DE MATRIMONIIS SENATORUM)
1.2 Emperors Valentinian and Marcian Augustuses to Palladius, Praetorian Prefect.
The most sacred imperial laws which constrain the lives
of all men must be understood by all men, and thus when
the regulations of these laws have been more clearly learned,
all men shall either avoid actions that are prohibited or shall
eagerly pursue those that are permitted. If any regulation
issued in the aforesaid laws should perhaps be rather obscure, it must be clarified by the interpretation of the Emperor.2 Thus the ambiguity of every sanction shall be removed, and the alternate contention of litigants cannot
divert doubtful points of law to their own advantage. Trial
judges of cases also and those who preside over tribunals
shall comply with the clear definition of the laws. They
shall not waver while their sentences are suspended and
fluctuate among uncertain decrees. For a clear and easy way

to pronounce sentence is open to a judge whenever the law
according to which he must judge is not ambiguous.
I. Your Magnificence, in terminating all cases, has always desired to keep to the right path of justice, and you
have consulted Our Clemency in regard to that part of the
law' of Constantine in which there appears to exist some
ambiguity. For when he sanctioned that a Senator, a man
of the rank of Most Perfect, a duumvir, a municipal flamen,
or a civil priest of a province should not be permitted to
have as wife a slave woman, the daughter of a slave woman,
a freedwoman, the daughter of a freedwoman, whether she
was a Roman citizen or had been made a Latin, a woman
of the stage or the daughter of a woman of the stage, the
mistress of a tavern or the daughter of a tavernkeeper, the
daughter of a procurer or of a gladiator, or a woman who
had charge of the public sale of wares, to the foregoing f orbidden and interdicted persons he added also "a low and
degraded person."' Hence Your Excellency has asserted
that great doubt arises in the courts in regard to marriage,
as to whether these appellations should be applied also to
freeborn women who are poor and whether, therefore, the
command of the law excludes such women from marriage
with Senators. Far be such an evil from those well known
times,6 that poverty should be believed to have been sent
as a disgrace upon any person, when in very many cases
moderate resources often achieved much glory and when
straitened fortunes were a testimony of self-restraint. For
who could suppose that Constantine of renowned memory,
when he prohibited the nuptial couches of Senators to be
contaminated with the vileness of polluted women, preferred the gifts of fortune to natural virtues; that he considered the status of free birth as inferior to riches, although
riches can be taken away as well as granted by a variety of
circumstances, but the status of free birth cannot be taken
away, once a woman has been born to it?
2. But that famous man,7 who dearly loved the honorable
and who was a most conscientious judge of morals, judged
to be "low and degraded persons" 5 and considered unworthy
of marriage with Senators those women who were polluted
with sordid blots, either on account of the stigma of degenerate birth or a life dedicated to shameful occupations and
who were corrupted either by the disgrace of their birth
status or by the obscenity of their profession. Therefore We
remove all doubt that had been injected into the minds of
certain persons, and all those regulations shall remain and
endure perpetually with the strongest validity which were
sanctioned in regard to the marriages of Senators by the
constitution of Constantine of sainted memory. We do not
judge that a woman shall be understood to be "low or degraded"' if ( although she is poor, she was nevertheless born
of freeborn parents. But We establish that Senators and
any persons endowed with the high rank of Most August
shall be permitted to unite to themselves in marriage the
daughters of freeborn persons, even though they are poor,
and there shall be no difference between such freeborn
women and those of riches and a more opulent fortune.
5
3. We decree that "low and degraded persons" are those
3 Reading
8 Sirm.
I, n. 3.
9rectores.
10
Tax payments.
1 CTh 4, 6, 3; Brev. 4; CJ 5, 27, I; I, 14, 9; 5, 5, 7; Nov. Just.

117, 6; 89, 15.
2 CTh I, 2,
3.
NMarc 4-1
either judicare, judicari, or judicia dari, instead of
judiciaria of the mss.

4 CTh 4, 6, 3; CJ 5, 27, 1.
5
6
humilis abjectaque persona.
illa tempora, those noble times, those "good old days."

ille: n. 6.
E 565 ]
N Marc 4-1
Marriage of Senators
women only who have been enumerated and especially designated and whom the aforesaid law did not permit to be
joined in marriage to Senators; that is, a slave woman, the
daughter of a slave woman, a freedwoman, the daughter
of a freedwoman, whether she is a Roman citizen or has
been made a Latin, a woman of the stage or the daughter
of a woman of the stage, the mistress of a tavern or the
daughter of a tavernkeeper, the daughter of a procurer or
of a gladiator, or a woman who has charge of the public
sale of wares. We believe without any doubt that this is
what Constantine of sainted memory meant in the sanction which he promulgated, and therefore he prohibited
such marriages, in order that not so much the marriages
as the vices of these women whom We have just enumerated
might not be connected with Senators.
4. We order that all the other regulations shall be observed inviolably which were defined in their sacred imperial constitutions' by Constantine of renowned memory
and by the other sainted Emperors after him, in regard to
natural children and their mothers, also in regard to concubines who are freeborn, and those women who have come
to a marriage after the death of a wife. These regulations
shall be so observed, however, that the laws which were issued afterward shall surpass in authority those that were
formerly promulgated,8 and the one of these laws that is
later in point of time shall be the more valid in its sanction,
0 Palladius, dearest and most beloved Father.'
by posting edicts according to custom shall cause to come to
the knowledge of all this law of Our Serenity, which shall
be perpetually valid for all ages.
the year of the consulship of the Most Noble Aetius and Studius.April 4, 454.
INTERPRETATION: By this law it is permitted that, with
the exception of vile and infamous persons, whom this law

mentions, Senators shall have the power to choose as wives
and to marry women who are poor and who are without
any high rank of birth status, provided that such women
are honorable and born of honorable parents. This practice
without doubt is permitted to all persons,' 0 according to
the precedent of this law.
TITLE 5: TESTAMENTS IN FAVOR OF CLERICS' (DE TESTAMENTIS CLERICORUM)

I. Emperor Marcian 2 Augustus to Palladius, Praetorian
Prefect.
Often cases which arise unexpectedly afford the occasion
for writing and issuing laws, and they bring about either
that new sanctions are established or that those laws which
have been issued are abrogated if they are too harsh and
too severe. For there is equal equity in both cases, either
to promulgate laws that are just or to annul those that are
8 A common maxim: cf. CTh i, I, 5; Min. Sen., n. 31.
9 Sirm.
i,
n. 3.
severe. Recently,3 in the presence of the Most August Senate, My Piety considered the case of the testament of Hypatia, of Most Noble memory, who wrote as heir to a definite
portion of her goods a religious man, the priest Anatolius,
among other persons. It appeared doubtful whether the
wills of widows should be valid if they leave some property
by their testaments to those clerics who, under the pretext
of religion, enter the homes of such women, since a law'
of Valentinian, Valens, and Gratian, of sainted memory,
does not permit ecclesiastics or those who wish to be called
by the name, "continents," to acquire any property by any
gift of widows or by their last will, and furthermore, since
a constitution, of Valentinian, Theodosius, and Arcadius,
of sainted memory is cited as against such practice. . . .6
When We inspect and consider the case,... it seems to Us
that the intention of the issuer of the law,6 with just and
reasonable repentance, wished to abolish the severity of the
previous constitutions. For since in the first law, mention
was made only of widows and in the second law, moreover,
mention was made only of deaconesses, it is understood that
the constitution which mentions both widows and deaconesses was speaking about both of the other laws.
I. Since it appeared to Us to be in accordance with the
intention of the issuer and in accordance with the sanction
of the law, We ordered the entire testament to be reread
and unrolled.' It was found that other parts of the aforesaid will also were so justly and prudently established that
the testator neglected no person who deserved well of her,
she conferred much property upon the sacrosanct churches,
much upon the poor, much upon monks, out of her reverence for religion, and much for the redemption of captives,
since she was deeply moved by their miserable lot; she
bestowed much also upon her freedmen, in consideration
of the services which they had rendered to her; We observed that the other part of her disposition also, in which
she left the priest Anatolius as heir, was arranged in due
order. For she wished the administration of all the movable
property which she had justly and piously left to many
persons to be fulfilled through this man, so that he should
perform the duty not only of an heir, but also almost that
of a steward.8 Therefore, by My authority I have confirmed
such will of the aforesaid Hypatia, of most noble memory,
also in that part in which she instituted as heir the priest
Anatolius.
2. In order that in the future no ambiguity may perhaps
be left, either from the previous constitutions of which We
made mention above and which I now command to be abrogated entirely, or from the uncertainty of the present case,
We provide for the security and confidence of decedents,
and by this general law which shall live forever We sanction that if a widow, a deaconess, a maiden consecrated to
God, a holy woman,9 or a woman who is called by any
other name of religious honor or dignity, should suppose
that in her testament or a codicil which, however, is protected by every other provision of law, she should leave to
a church, a martyry, a cleric, a monk, or to the poor any-
10 A note of the Interpreter, extending the application of the law.
* Nothing further is known of this incident.

I Ritter 6; CTh 4, 4; 16, 2, 20; 16, 2, 27-8; Brev.
5;
CJ I, 2, 13.
Or: "Testaments of clerics," in which "clerics" is used in a broad

sense and includes: "widows, deaconesses, maidens consecrated to
God, holy women, or women called by any other name of religious
honor or dignity," as mentioned below in this constitution.
2 Valentinian, Emperor of the West, was killed March 16, 455, and
after his death the constitutions of Marcian bear only his name until
his death, February 7, 457.
4 CTh 16, 2,
20.
5 CTh 16, 2, 27.
A lacuna. A reference to CTh 16, 2, 28 has dropped out. When

We inspect and consider the third constitution of the aforesaid Emperors, it, M.-M.
7 The scroll was unrolled as it was read.
8 Somewhat resembling the administrator of the English Common Law.
9 sanctimonialis,a holy maiden, a sanctimonial, a nun.
6
E 566 :
NMarc 5-1
Testaments in Favor of Clerics

thing in the form of property or substance, either in whole
or in part, such testament shall stand ratified and valid in
all respects, whether such property was left by institution
of an heir or by substitution of another heir, whether by
legacy or by trust fund for the entire estate or for specially
designated objects, whether the will should be written or
unwritten. In the future all ambiguity in regard to such a
case shall be removed.
3. If any property should be conferred by gifts also or
by any act of generosity whatever, by widows as well as
deaconesses or maidens who have been consecrated to God,
or by holy women, upon a church, a martyry, a cleric, a
monk, or the poor, I command that such gifts shall be
valid with equal force, 0 Palladius, dearest and most beloved Father.' 0
1o

by posting edicts according to custom shall cause to come
to the knowledge of all these regulations which I have decreed by the general sanction of this law.
Given on the tenth day before the kalends of May at Constantinople in the year of the consulship of the Most Noble Anthemius.April 22, 455.
INTERPRETATION: By this law, holy women, widows, deaconesses, and all religious matrons are permitted to have
the power, either through a testament, a trust fund, nuncupation, codicils, or by any other written documents, to
leave whatever they may wish to churches, bishops, priests,
or deacons and all other clerics. If such women should wish
to substitute any persons whatever for their heirs after
the death of such heirs, they shall have the power to do so.
Sirm. i, n. 3.
[ 567 1

SEVERUS AUGUSTUS
................................................
TITLE 1: THE ABROGATION OF THE UNJUST CHAPTERS OF THE LAW' OF THE
SAINTED MAJORIAN AUGUSTUS' (ABROGATIS CAPITIBUS INJUSTIS LEGIS DIVI
MAJORIANI AUGUSTI)
I. Emperors Leo and Severus Augustuses to Basilius,
Praetorian Prefect 3 and Patrician.

(For this place.)' We retain from the aforesaid law2
only the provision that is commended by the authority of
the ancient laws,' namely, that after the death of the husband, a mother shall undoubtedly have the betrothal gifts
for the usufruct only, and she shall not be able to alienate
them away from the children, whether she should enter
upon another marriage or should not so enter. A mother
shall not be permitted to confer upon one or two children
the property that is equally common to all the children
from the aforesaid marriage. For when it happens that
there are numerous offspring, what else is it to alienate
property from the children except to pass over all the rest
and with an evil intention to wish to bestow it upon one or
two? Of course, if they so wish, mothers may be generous
in the selection of their children in accordance with the
obedience that the children have devoted to them and may
bestow their own usufruct upon whomever they may wish,
but they shall not diminish the advantages of ownership
which have been assigned alike to all the children.
I. However, in this regard the welfare of the children
shall be kept safe, and We make wise provision for the
mothers, in that they are not bound by the necessity of giving a surety, because it is difficult to do this and because
abundant provision has been made in this regard for the
children, both by previous constitutions and by the present
law, since a vindication of alienated property is available to
them and also restoration to the original status of property
that has been lost from the maternal goods, 0 Basilius,
dearest and most beloved Father.'
2. Wherefore Your Illustrious and Excellent Magnificence shall cause the sacred imperial oracle of this constitution to be published by the due formality of edicts, so that
the severity of the law 2 which was issued to Your Magnitude during the administration of your first prefecture
may be known to have been corrected and emended through
your agency.
Given on the tenth day before the kalends of March at Rome in
the year of the consulship of the Most Noble Basilius.-February
20, 463.
1 Nov.
2
nf...................U.............
INTERPRETATION: This law of the Emperors Leo and

Severus specifically nullified those regulations which the
law 2 of Majorian had commanded to be observed in regard
to various matters of which the law itself testified. This law
believes that only the provisions should be kept which were

reasonable and in harmony with the ancient laws. The Emperor himself confirms this fact by his own constitution
when he says, "We retain from the aforesaid law only the
provision that is confirmed by the authority of the ancient
laws." Therefore a wife who is left after the death of her
husband shall have only the usufruct of the betrothal gift,
and she shall not presume to alienate anything therefrom,
whether she should enter upon another marriage or should
definitely not so enter. This betrothal gift itself likewise
shall not devolve upon others7 but shall devolve in equal
shares only upon all her children who were born from the
aforesaid father whose gift it is, and the mother shall not
be allowed to give anything more therefrom to any one of
the children whom she wishes, in accordance with her own
desire. Of course, she shall have the unrestricted power to
give to whomever she wishes property from her usufruct
that was granted to her by law. For she shall neither diminish that property which she has been ordered to reserve only
for all the children equally, nor shall she presume to divide
such property in any way among the children, according
to her own discretion. However, this privilege is granted to
mothers by this law, namely, that the welfare of the children shall be kept safe and the mothers do not have to give
sureties for the retention of such betrothal gifts, because
such a petition" is difficult and it is sufficient for the children that it appears that provision has been made both by
this law and by previous statutes that, even though their
mother should subsequently marry, the property of her husband' shall be obligated as a pledge, and if the mother herself should presumptuously take anything therefrom,'o the
children shall restore from her property the losses that
have been inflicted upon them.
TITLE 2: GUILDSMEN' (DE CORPORATIS)
I. Emperors Leo and Severus Augustuses to Basilius,
Praetorian Prefect' and Patrician.

A complaint of all the provincials has come to Us through
the Illustrious Ausonius, because . . . the laetis . . . and
other guilds assigned to public services have united them7 Or: shall not devolve upon some children only but.
Th. I, n. I.
Nov. Maj. 6; II, 2; Brev. I; Cod. Euric. 322: Lex Visigoth.

4, 2, 14. The rubric should be rejected, since it is actually the beginning of the Novel and was written as a rubric through an error
of the copyists, M.-M.
3 For the second time, M.-M.
4 ad locum, CTh 2, ro, 6, n. r5.
6 Sirm. I, n. 3.
5 CTh 3, 8, 2; Nov. Th. 14, 1.
8 To give sureties.
9 The second husband.
10 alienate anything therefrom, M.-M.
1 Nov.
Val. 20, n. I, Lex Rom. Burg. 46. Rubric lacking in mss.,
supplied by Cujacius.
2
Nov. Sev. I, i, n. 3.
3 For
the laeti see CTh 7, 20,
12,
n.; Not. Dign. Occ.
[ 568 ]
42,
33-44.
NSev 2-1
Guildsmen
selves to the coloni and household slaves4 of certain persons
without the knowledge of the masters, and now under the
pretext of membership in a public guild they are attempting
to absolve from the yoke of slavery the children that they
have procreated. Therefore Your Sublime Magnificence
shall know that by a divine imperial law which shall live
forever. We have sanctioned that if any man or any woman
from the public guilds anywhere at all, even from the guilds4 Nov. Maj. 7, 4-5; Nov. Val. 35, 3 ff.; Lex
Rom. Burg. 46. famuli, servi seem to be equated here with coloni and inquilini.
men of the City of Rome, should suppose that he should

be united with a slave or colonus, 4 their children shall belong to those masters to whom it is proved that the inquilinus or colonus belonged. 5 Those persons shall be excepted who are known to have so united themselves previously, when this law had not been issued to this effect.
Given on the seventh day before the kalends of October in the year
of the consulship of Hermenericus and Basiliscus.-September 25,
465.
5 CTh
12,
19,
I;
Nov. Maj. 7, 3.
[ 569 :

ANTHEMIUS AUGUSTUS
U*........
.....................................
TITLE 1: WOMEN WHO HAVE UNITED

THEMSELVES TO THEIR OWN SLAVES OR
FREEDMEN; NATURAL CHILDREN' (DE MULIERIBUS QUAE SERVIS PROPRIIS VEL LIBERTIS SE JUNXERUNT ET DE NATURALIBUS FILIIS)
i. Emperors Leo and Anthemius Augustuses to Lupercianus, Praetorian Prefect.
Second only to the providential care of God, wise provision is made for the human race and for the fluctuating
affairs of mortals in one way, namely, if Our Serenity
very often opposes the onslaughts of Our advancing adversaries.8 There is no doubt that the foundations of human intercourse are diminished unless the prudent authority
of the ruler provides that which mortals cannot obtain
through themselves. Thus there will be a more flourishing
and tranquil government if the favor of a circumspect Emperor watches over the unforeseen vicissitudes of men.
A certain Julia pours out her prayers at Our imperial
altars and affirms that marriage has befallen her with a
person who had been a slave of her own household but
who had obtained freedom by the splendid qualities of his
character. She implores Our divine imperial Majesty that
she may not be harmed by the fact that the venerable sanction4 of Constantine with the strictest severity does not permit a mistress to be inflamed by the embraces of any of
her own slaves. Indeed she considers that it is not fitting
that the constitutions concerning unions with slaves should
be applied in her case, since she herself did not marry a
slave, but a freedman. She considers especially that her
marriage cannot incur blame, because no evident sanction
has been issued in regard to the prohibition of unions with
freedmen, and a deed can nevertheless be considered licit'
if it has not been forbidden previously by any law.
i. Therefore Our Serenity has found a double cause for
making wise provision in such cases, namely, that validity
may not be withdrawn from cases that are uncertain on
account of an error, so to speak, that was committed, and
that regulations which have been established honorably and
laudably may be preserved hereafter without any ambiguity.
First, therefore, We decree by this edictal sanction that
marriages shall not lack legal validity if any similar unions
shall be proved to have been entered upon prior to the year"
of the second consulship of Our Imperial Divinity. Such
persons shall rejoice that this munificence of Our fasces'
I Nov. Th. i, n. I; CTh 9, 9; 4, 6; Lex Visigoth. 3, 2, 2.
2
CTh 9, 9; 4, 12, 1-3; CJ 9, II.
3 The barbarian invasions. Marriageable men were scarce, and

women were turning to slaves and freedmen as consorts.
4 Filling the lacuna according to the reading of ms. 0. freedmen,
for it is nothing ominous if it has not been forbidden, M.-M.
5 Supplying licitum.
6 468, the date of this constitution.
7 A symbol of the consulship.
0.....................................................
..
N.
also has supported their security, namely, that if there

should be any women who, because of the nobility of their
birth status, perhaps have some fear in regard to such a
union, they shall cast aside the unnecessary burden of such
unjustifiable fear, and they shall not be afraid that they
have done illicitly, as it were, 8 those actions which have
clearly not been forbidden before the present by any laws.
Thus such women shall appear to have contracted legal marriages with their freedmen, and the children who have been
born or who will be born from such persons shall never
sustain any investigation in regard to the union of their
parents, but they shall receive the inheritance of their
mother and father according to the custom of the laws.
Those persons also between whom there is a union of such
a contract shall not lose their right to make testaments in
favor of each other or to succeed each other according to
the regulation of the law. Such persons shall not be considered, on account of their marriage, to be any different
from all other persons in regard to whom the decrees of
the laws prescribed nothing before this sanction of Our
Imperial Divinity. Actually, it is the part of imperial grace
to rescue the apprehensive minds of mortals from their own
misfortunes, lest they should suppose that what no person
had prohibited was not allowed to them, and We must also
clearly instruct the knowledge of all persons, lest anyone
should suppose that what We do not permit to be right, is
right for him.
2. Therefore, since We desire to increase public decorum,
from the present year of the consulship of Our Clemency
We prohibit that mistresses and patronesses shall have the
right to enter upon marriages with their slaves or freedmen,
in order that the renowned nobility of distinguished families
may not be debased by the disgrace of an unworthy union
and may not forfeit, by the contract of a very debased
union, what it has obtained perhaps by the splendor of
Senatorial birth, and in order that in the case of a woman,
a very shameless embrace, by the bare distinction of free
birth only, may not diminish the honor of her distinguished
family. The provision shall undoubtedly be valid that whatever the sainted Constantine established by his venerable
sanction' with regard to unions with slaves shall be observed with perpetual validity.
3. In regard to those women who hereafter enter upon
vows with their own freedmen, We sanction by this law
that shall endure eternally that the regulation shall be observed that such forbidden unions shall obtain not even the
name of marriage, but those women who execrably aspire
to such illicit unions shall be smitten with confiscation of
all their property and perpetual deportation. The offspring
who are born from such an association shall be deprived
not only of the right, but also of the title of children, and
they shall also justly be assigned to a servile condition, so
8 Omit: as it were, M.-M.
570
NAnth 3-1
Ownerless Property
that Our fisc shall appropriate to itself the ownership of
such children.
4. Of course, in regard to unions with slave women and
freedwomen, and likewise in regard to natural children
who have been, or who shall be, procreated under any condition, We decree that among all persons the regulation
shall be observed which was sanctioned by the most salutary constitutions' of the previous sainted Emperors, 0
Lupercianus, dearest and most beloved Father.9
5. Therefore Your Illustrious and Excellent Magnificence
by the publication of edicts shall command that this most
salutary sanction shall come to the knowledge of all, in
order that the aid of ignorance may not remain in the case
of any person, whereby the regulations which have been
carefully decreed may not be observed.
Given on the tenth day before the kalends of March at Rome in
the year of the consulship of Our Lord Anthemius Augustus.February 21, 468. Received on the ides of March at Rome in the
year of the consulshipfO of the Augustus himself.-March 15, 468.
TITLE 2: CONFIRMATION OF THE LAW OF

OUR LORD LEO AUGUSTUS' (DE CONFIRMATIONE LEGIS DOMINI NOSTRI LEONIS
AUGUSTI)
i. Emperors Leo and Anthemius Augustuses to Lupercianus, Praetorian Prefect.
My Lord and Father,2 the Most Sacred Emperor Leo, in
reply to a consultation of Our Clemency in regard to those
benefits which the imperial indulgence has already conferred upon various persons or which it will bestow with
the passage of time, by a venerable sanction of this law has
established as certain that regulation' which he dispatched
to Our Wisdom also, with the sacred imperial letters of
His Eternity. Since it is profitable to the welfare of the
world that We should believe that with regard to ruling
both worlds' We should observe especially that which Our
common deliberation has chosen, We have gladly embraced
this revised and emended law, and in order that such very
salutary regulations may come to all persons, We decree
that this law, under this pragmatic order, shall be dispatched to Your Magnitude, 0 Lupercianus, dearest and
i. Therefore, Your Illustrious and Excellent Magnificence by posting edicts shall publish these venerable constitutions, in order that the regulation which Our Serenity
has decreed shall be valid eternally may not escape the
notice of any person.
Given on the fourteenth day before5 the kalends of April at Rome
in the year of the consulship6 of Our Lord Anthemius Augustus.
Done on the same day.7-March 19, 468.
9 Sirm.
i,
n. 3.
10 The second consulship.
I Nov. Anth. 3; NTh 1-2; NVal 26; CTh I, i, 5.
2 The elder Emperor who conferred the imperial power on

the
younger was regularly addressed as father, the younger as son.
3 The eastern and western parts of the Empire.
4
Sirm.
6sub
6
7
i, n. 3.
die, an unusual expression in the imperial constitutions.
The second.
actum sub die eodem; probably in the imperial consistory; CTh
I, 22, 4.
TITLE 3: OWNERLESS PROPERTY' (DE BONIS VACANTIBUS)

2
i. Emperors Leo and Anthemius Augustuses.
It is characteristic of the imperial majesty that out of

present cases it provides also for future times, and by interpreting ambiguities in the laws it decrees the regulations
that must be followed. For the property of all persons is
called into doubt if through license granted by the Emperor,
the rights of owners should not have their own validity.
Therefore, since the Supernal Providence has entrusted the
government of the whole world to Us, it is Our will that
both the rule of law and the reason of equity shall be observed. Although the Divine Majesty and Our choice have
entrusted the full power of empire to the piety of Our son,8
Anthemius, pious and triumphant, ever Augustus, nevertheless with the prudent and cautious equity in which he
abounds, he has supposed that he should consult Us through
sacred imperial letters. He asserts that in the regions of
Italy many suits have arisen out of gifts that the Emperors
have made from the property of others, 4 contrary to the
provisions of the laws. For just as each person has obtained
or has supplicated the Emperor, he holds many and great
properties from the imperial largess, so to speak. Moreover,
there appear persons who in many cases assert that the
landed estates and other property belong to them which
various persons have obtained by an illicit title from the
munificence of the Emperor. For often a consanguineous
kinsman of that person, who was thought to be without an
heir, emerges and claims that property which was said to
be caducous and which had been given; or persons freed
from captivity, by the right of postliminium justly desire
to have restored to them the property which had been their
own or that of their near kinsmen and which had been
granted to other persons by the Emperor, and they affirm
that the assistance of the laws supports them according to
the most sacred imperial constitutions.' When some property is vindicated by a possessor upon whom the venerable
imperial household has either conferred it by gift or has
transferred' it by sale, exchange, or a last will and who,
of course, possessed such property unjustly or perhaps by
an invalid contract, shall the plaintiff recover by the common law that property which he has proved to be his own,
or shall sentence be pronounced contrary to the laws which
all men use, in regard to the imperial gift, so that the deed
of the Emperor shall be approved, even in regard to the
property of another person that he has given or sold? For
when cases were being tried by Most August trial judges
in regard to such controversies, there was cited in court
the constitution' from the Theodosian Code under the title,
"Ownerless Property," whereby the sainted Constantine
provided that if any person should be able to prove that the
property which the Emperor had given was his own, he shall
not recover that property, but the person to whom it was
1 CTh 1o, 8; Nov. Anth. 2.
2 Probably addressed to Lupercianus, as were Nov. Anth. 1-2.
The first part of this document is a constitution of Leo. The constitution of Anthemius begins with 2: "Therefore, We command."
8 Nov. Anth. 2, n. 2.
4 CTh lo, 1o; Min. Sen., n. 25.
6 CTh 5, 7.
Sor someone has transferred, M.-M. Or: reading venerabilis donatione contulit et, imperial household has conferred it by gift and he
has transferred it.
7 CTh
1o,
8, 3. Emperor Leo employs an equitable quibble in his
interpretation of this law.
r 571
NAnth 3-1
Ownerless Property
given shall remain firmly in possession, and the Emperor

from other sources shall come to the aid of the plaintiff in
whatever manner he may wish. When these matters were
brought to Our knowledge, We reread the records which
had been dispatched to Us by Our son,' the Most Serene
Emperor,8 with the aforesaid consultation in regard to the
case which was held between the procurators of Domnina
and Fortunatus, persons of Illustrious rank. Our Serenity,
to whose heart it is dear to provide for the human race
from day to day by more prudent consideration and by
better deliberation, considered it quite unsuitable that so
great confusion and inequity should be attached to property
and suits and that each and every person should not be permitted to enjoy his own property and should not have a
legal safeguard for the defense of his property; that the
easily obtainable and sometimes unjust authority of an imperial gift should be at the disposal of the person who
perchance obtained it surreptitiously;' that some persons
should be deprived of their just possessions and others
should thereby be enriched by an unjust act of generosity,
when the very title of the aforesaid constitution7 about
which Our Clemency has been consulted clearly speaks of
ownerless property only, not about all property and substance.
i. Therefore, by this law which shall be valid perpetually
We sanction that if the Emperor, in accordance with his
generosity, should give anything from property that is actually ownerless, such gift shall obtain perpetual validity, and
no person shall suffer calumny about property which the
generosity of the Emperor has justly conferred upon him.
But if any person should wish to recover his property which
had been given as though it were ownerless or under some
other title, and if he should prove that such property belonged to him or had devolved upon him by statutory suc8 Anthemius.
9 Nov. Maj. 4; Min. Sen., n.
Given on the fourteenth day before the kalends of April at Rome

in the year of the second consulship of Our Lord Anthemius, forever Augustus.-March 19, 468.
10 The first part of this document, as issued by Leo. Anthemius
is speaking.
11 Cesiana massa, possibly so called from the name of a former
owner, who is otherwise unknown.
12
25.
E 572
cession, he shall enjoy the common assistance of the laws,

and he shall not be injured at all by any gift or exchange,
even though it should be at the hands of the Emperor, or
by any kind of contract whatever, contrary to the general
protection of the laws, whether such retainer of the property
should assert that the benefit had been conferred upon him
even by one of the former Emperors or that some such
benefit had been obtained by him afterwards.
2. Therefore We command that this constitutiono shall
be valid also for Domnina and Fortunatus, persons of Illustrious rank, in the case which furnished the occasion for
this law. Thus according to the common law, the Cesian
tract of land" about which the question arose, shall be restored to the aforesaid Illustrious Domnina. For nothing
else appears to be suitable to the imperial majesty, in which
equity must always be inherent and justice must thrive,
except to preserve the common law for all Our subjects;
to allow nothing more to good Emperors than is allowed to
private citizens;12 to extend such generosity as is based
upon the laws and equity, so that no man may rejoice that
he has been enriched by another man's property, or by
property that was forbidden, and no man may lament that
he has been deprived of his own goods, 0 Lupercianus,
by posting edicts according to custom shall order that the
regulations which Our Serenity has established by this
most salutary law shall be observed and shall come to the
knowledge of all.
CTh II, 30, 68.
13 Sirm. I, n. 3.
GLOSSARY
......
.....................................................................
NoTE: This glossary is not intended to be exhaustive, but it is

purposely brief, in order that it may primarily serve as a work of
quick and easy reference for the non-specialist. With the help of
the index, much additional information can be found in the Code
itself. See also the books that are listed in the bibliography. Limitations of space prevent the inclusion of proper names of persons and
places. This information is easily accessible in the standard reference works.
A
ASSISTANT MILITARY (annonarius), one of
the officials connected with the distribution of military
payments in kind (annona); a commissary officer. Because of widespread corruption among accountants, they
were made of ignoble status (condicionales q.v.) and thus
subject to torture.
ACCOUNTANT, CIVIL (numerarius), a bureau clerk attached
to the higher offices as a bookkeeper.
ACCOUNTANT, MILITARY (actuarius), one of the officials in
charge of supplies received from tax payments and of the
distribution of such supplies to the military; a commissary officer. See military paymaster (optio). The civil
accountant (numerarius q.v.) performed the same duties
for non-military supplies.
ACCOUNTANT, TAX. See tax accountant.
ACCOUNTANT,
ACCUSER, FALSE, MALICIOUS
(calumniator), a calumniator;
malicious accusation and calumny were subject to severe

penalties.
ADMINISTRATION, ADMINISTRATOR, when unqualified, regularly mean the governorship, and the governor of a province.
ADMISSION (admissio), admission to an audience with the
Emperor. Such audiences were granted only to specially
selected persons who thereby obtained honors that conf erred many special privileges. See adoration, usher.
ADORATION (adoratio), a ceremony in which the subject, on
being admitted to an audience, prostrated himself on the
ground before the Emperor and kissed the imperial robe,
knees, or feet. This ceremony was of Persian origin and
is also known by its Greek name proskynesis. See admission, ushers.
ADULT (adultus), a person between the ages of puberty and
thirty years. Above the age of puberty and until he was
twenty-five, he was legally a minor and under the guardianship of a curator (qq.vv.).
ADVOCATE (advocatus, causidicus, patronus, patronus causarum, togatus, Gr. scholasticus), an attorney, the member of a guild (q.v.) on which was incumbent the
practice of law which was socialized. The number of advocates was strictly limited, and their rapacity was notorious, since their privileged position in the bureaucracy
gave them exceptional opportunities for extortion and
for the evasion of punishment.
ADVOCATE OF THE FISC (advocatus fisci), also called patron
of the fisc. These advocates were appointed by the Emperor in the prefectures and by the governors in the
provinces. They managed all legal matters of the fisc, and
all fiscal affairs were negotiated with their consultation,
........
especially when the interests of private persons were involved. They were similar to modern fiscal attorneys,
except that their authority was more extensive. Their
term of office was usually for two years, and after their
honorable discharge, they were made counts of the consistory.
AEDILICIAN ACTION (aedilicia actio), an action granted by
the aediles, officials who had supervision of the markets,
on a sale when the buyer claimed that fraud was involved on the part of the seller who automatically became the guarantor of the good faith of the sale. The
maxim, "caveat emptor," is a product of the English
Common Law as opposed to the principles of the Roman
law.
AGNATE (agnatus), a kinsman who is related to other agnates exclusively through males.
AGNATION (agnatio), kinship exclusively through males.
ALLUVIAL LAND (alluvio), accession of land formed by the
deposit of flowing water. Such lands became the property of those owners whose lands bordered the stream
which made the deposit.
AMUSEMENTS, TRIBUNE OF. See tribune of amusements.
ANIMAL RATIONS.
See provender.
(annona), the yearly produce, the annual income

of natural products. Since landholders were compelled
to pay most of their taxes in kind and since such products were then issued as salaries and doles, annona came
to mean tax payments of farm products, salary, subsistence allowance, dole, bread, market price of grain,
the grain supply in the State storehouses (horrea), qq.vv.
ANNONA, PREFECT OF THE. See prefect of the annona.
ANNONARIAN ACCOUNT (res annonaria). See annona.
ANNOTATION
(annotatio), an opinion of the Emperor
written on the margin of a petition; a rescript (q.v.) of
the Emperor signed by his own hand.
ANNULMENT (abolitio), especially used of the annulment
of a suit, which could be effected by the agreement of
the parties, with the consent of the judge.
APOLLINARIANS. See heretics: Apollinarians.
APOSTATE (Gr. apastata), a Christian who deserts the faith.
Apostasy was punished with especial severity, as a crime
against the State, since the Emperors sought religious
unity in the interest of the unity of the Empire.
APOTACTITES. See heretics: Apotactites.
APPARITOR (apparitor, cohortalis, cohortalinus, officialis),
one of the members of an office staff (q.v.). Various
types of apparitors belonged to their own guilds (q.v.).
See decuries; apparitor, gubernatorial.
APPARITOR, GUBERNATORIAL (cohortalis, cohortalinus), one
of the members of the office staff of a provincial governor. Their duties were burdensome and poorly paid
but many of them enriched themselves by extortion from
the litigants in the governor's court. Their name (cohortales, cohortalini) is one of the many indications of
the complete militarization of the imperial service, since
a cohort was a company of soldiers. See office staff.
ANNONA
573 1
Glossary
APPARITOR OF THE PALACE STEWARD (castrensianus). See
apparitor, office staff, palace steward.
APPARITOR OF THE PREFECT (praefectianus). Since the pre-
fects were the most powerful officials in the Empire,

their apparitors were often protected in their rapacity
and were especially feared by the populace. See appari-
tor, office staff.

APPRAISER (censitor), one of the officials in the taxation
system who measured the land and determined the rate
at which it should be taxed. He was thus a tax assessor (q.v.).

AQUILIAN STIPULATION, named from the praetor Aquilius
Gallus, a colleague of Cicero in the City praetorship,

66 B.c. By this stipulation one or more obligations
could be reduced to a stipulation and then discharged

by an acceptilation.
ARBITRATOR (arbiter), may mean a judge but often indicates a private citizen who was chosen by agreement of
the parties to a suit and appointed by the judge. The
litigants made mutual promises (compromissa), to abide
by his decision, and agreed upon a penalty that should

be paid by the party who failed to accept the decision.
ARIANS. See heretics: Arians.
ARMORER (fabricensis), a member of a guild (q.v.) on
which was incumbent the compulsory public service of
labor in an imperial factory (fabrica, armory) for the
many antisocial predictions, such as the downfall of an

Emperor or the death of some wealthy man whose heirs
were becoming impatient. Hence their art was forbidden.
See magician.
ATTENDANT OF THE SICK (Gr. parabalanus),a member of a
religious group who risked their lives in caring for persons who were sick with contagious diseases. As religious
fanatics they were often seditious in their opposition to
the prevalent oppression of the poor. Hence they were
carefully watched and strictly regulated.
ATTESTATION OF SUIT (litis contestatio), the formal institution of suit in court by the opposing statements or attestations (contestatio, attestatio) of the parties; litiscontestation of the Civil Law, which is roughly equivalent
to joinder of issue in the English Common Law.
AUDIANS. See heretics: Audians.
AUDIENCE (audientia), a hearing before a judge.
AUDIENCE HALL (auditorium) : I. an auditorium for judicial
hearings; 2. the auditorium or classroom of a professor.
AUGUR (augur), a seer who foretold the future from the
flights of birds and other omens. For their suppression,
see astrologer, magician.
AUGUSTAL PREFECT (praefectus augustalis), the official in
charge of the diocese of Egypt, as governor. He was directly responsible to the Emperor and not to a praetorian
prefect, as were the other governors.
production of arms. Armorers and recruits were branded, that they might be tracked down more readily if
they attempted to escape.
ARMORY (fabrica), a great imperial establishment for the
socialized production of arms. See armorers.

ARMY (exercitus), a highly favored class, since they supported the power of the Emperor. Only by entering the
army or the clergy (q.v.) could the lower classes escape
from their regimented status (q.v.). See imperial service, recruit, soldier.
ARRANGEMENTS, COUNT OF. See count of arrangements.
ARTISAN (artifex), a skilled workman. Such workmen were
enrolled in guilds (q.v.) strictly regulated by the State
and subject to a form of industrial bondage.

ASCODROGITAE. See heretics: Tascodrogitae.
ASIA, a portion of Asia Minor, one of the dioceses of the
prefecture of the Orient (qq.vv.).

ASSESSMENT, TAX. See tax assessment.
ASSESSOR (assessor), a legally trained subordinate, ap-
pointed to assist a judge or magistrate with his special

knowledge, since State officials seldom had legal training.
Such assessors were employed by all State officials, even
in the municipalities. Not to be confused with tax assessor (q.v.)
ASSESSOR, TAX. See tax assessor.
ASSIGNMENT OF GOODS, VOLUNTARY. See Laws, Julian.
ASSISTANT MASTER (proximus), the highest ranking sub-
ordinate of the master of a bureau (magister scrinii).

The master was at the head of the organized group of
apparitors (q.v.) of a bureau.
ASSISTANT MILITARY ACCOUNTANT (annonarius). See accountant, assistant military.
ASSISTANT OFFICE CHIEF (adjutor), the assistant or deputy
of any chief of office staff.
ASTROLOGER (Gr. mathematiceus), originally a person versed
in the science of numbers, and especially in the science of
numbers as applied to the stars and the structure of the
universe. They claimed to foretell the future and made
B
BENEFIT OF LEGAL AGE
(venia aetatis), a special privilege at
times granted to minors of approved character whereby

they could legally perform most of the acts of persons
who had reached their majority.
BIARCH (Gr. biarcha), an apparitor of the secret service
who ranked below the ducenarius and centenarius
(qq.vv.).
BISHOP (Gr. episcopus, antistes), the highest ranking cleric
of the Church. The primacy of the Bishop of Rome was
recognized by Valentinian in 445 when he refers to him
as the Pope (Papa,Father). As early as 425, Valentinian,
or more probably Galla Placidia, uses the unqualified term
Pope (Papa) of the Bishop of Rome, but there is no indication that his primacy is recognized in this constitution.
See episcopal court.
BOATMAN (nauta), a member of a guild (q.v.) on which
was incumbent the compulsory public service of river
transportation.
BODYGUARD, IMPERIAL. See imperial bodyguard.
BORBORIANS, BORBORITES. See heretics: Borborians, Borborites.
BORDER FARMS (limitrophi fundi), farms for the support of
the border militia. See border lands.
BORDER FORTRESS TROOPS (burgarii), soldiers of barbarian
origin, of ignoble status, and permanently bound to their
duties in the border fortifications.
BORDER LANDS (terrae limitaneae), lands set aside for the
support of the border militia (q.v.) who cultivated them
taxfree.
BORDER MILITIA (limitanei), the troops composing the frontier garrisons. They were assigned tracts of land to cultivate, which were taxfree and the right to which became
hereditary.
BOUNDARY (fines), not a simple line but a strip of land, five
feet in width, between two landholdings.
E 574 1
Glossary
BREAD, STEP (panis gradilis), the bread of the dole at Rome
which was issued from the steps (gradus) of a building.
BREADMAKERS (pistores), the members of the guild (q.v.)
on which was incumbent the compulsory public service
of grinding grain and baking bread for public use, especially for the dole (q.v.).
BRIDGES, CONSTRUCTION AND REPAIR OF. See roads, construction and repair of.
BUREAU (scrinium), the general term for a homogeneous
department of officials who were either in the imperial
service or belonged to the office staffs of high state officials, especially the praetorian prefects. Like the departments (scholae, q.v.) they can be divided into imperial and non-imperial bureaus. The four chief imperial
bureaus are those of memorials, petitions, correspondence,
and arrangements (qq.vv.). The non-imperial bureaus do
not compare in rank and privileges with the imperial ones.
Generally they can be considered only as subdivisions of
the office staffs for the regulation of business procedures.
They were often the same as departments (scholae). The
bureaus were notorious for their corruption. They connived with each other in the exploitation of the taxpayers
and in their evasion of punishment for their extortions.
BUREAU CLERK (scriniarius), a subordinate member of an
imperial bureau (scrinium, q.v.).
BUREAU
OF ARRANGEMENTS
(scriniun dispositionum), of
later origin than the other bureaus. Its chief official was
the count of arrangements (q.v.). Its function seems to

have been directly devoted to the personal service of the
Emperor and the other members of the imperial family
rather than to governmental affairs in general and to have
included the drawing up of a program of the Emperor's
movements and the corresponding arrangements.
BUREAU OF CORRESPONDENCE (scrinium epistolarum), the
department that dealt with communications from foreign
powers and the answers to them, with deputations from

the provinces, with petitions and reports from provincial
officials, and with other correspondence with provincial
officials.
BUREAU OF MEMORIALS (scrinium memoriae), the depart-
ment in charge of answering petitions addressed to the

Emperor, of expediting the favors granted by the Emperor, and perhaps of drafting brief imperial documents,
such as annotations.
OF PETITIONS (scrinium libellorum), the department that dealt chiefly with appeal cases (cognitiones)
and with petitions of private persons that involved specific
legal questions.
BUREAU
C
(caducitas), escheat or reversion of property to
the fisc, that is, to the Emperor, when the property became ownerless or was confiscated.
CAELICOLISTS. See heretics: Caelicolists.
CAESARIAN (Caesarianus), an apparitor of the fiscal representative who had charge of the administration and
accounting of the imperial treasury. One of his duties
CADUCITY
was to take possession of ownerless and confiscated propperty in the name of the fisc. Their corruption was notorious.
CALUMNY (calumnia). See accuser, false, malicious.
CAPITATION TAX (capitatio), a tax assessed on persons,
especially on farm laborers, including coloni. In the
case of agricultural laborers, it actually represented the

amount of land (juguin, yoke) that could normally be
cultivated by one ablebodied man (caput, head). Hence
in such cases it came to mean the same as the land tax
unit (q.v.).
CAPITATION TAX COLLECTOR (Gr. cephaleota), an official
who was entrusted with the collection of the capitation
tax in Egypt.
CAPITULARY (capitularius). See recruit tax collector.
CARBONIAN EDICT (edictum Carbonianum), an edict issued
by the Praetor Carbo, of uncertain date but probably of

the last century of the Republic. It protected a posthumous heir in the possession of a contested inheritance
until he reached the age of puberty, if it was charged that
he was supposititious.
CATHOLIC (Gr. catholicus, universal). Orthodox Christians were given this name, and all privileges that were
granted to the Church were restricted to them.
CATTLE COLLECTOR (boarius), a member of the guild (q.v.)
on which was incumbent the compulsory public services
of furnishing beef cattle to be slaughtered for the feeding
of the cities and especially of Rome and Constantinople,
where the meat was issued as a dole to the populace. Some
of the cattle were collected from the landholders as taxes
payable in cattle, others were bought at prices fixed by
the State. See small cattle collectors, swine collectors.
CAVALRY SQUADRON (vexillatio), a group of about 500
troops which were used as auxiliaries and usually were
recruited from the Gauls, Franks and other Germans.

They were so called from their banner (vexillum).
CENTENARIUS (centenarius). See ducenarius.
CENTENIONAL (centenionais), a small copper coin, worth
i/2ooo of a solidus (q.v.).
CENTURION (centuric), I. commander of ioo soldiers; 2.
a high ranking apparitor (q.v.) whose exact status and

functions are unknown.
CERTIFICATE OF APPROVAL (probatoria), an imperial letter
of recommendation, entitling the bearer to promotion in
the imperial service.
CESSION OF GOODS. See Laws, Julian.
CHAMBERLAIN (cubicularius), an official under the grand
chamberlain (q.v.) who was in charge of the comfort and

safety of the Emperor and Empress. His title would indicate that his duties were concerned primarily with the
imperial bedchamber (cubiculum).
CHAMBERLAIN, GRAND. See grand chamberlain.
CHANCELLOR (cancellarius), an apparitor who acted as
doorkeeper and guarded the entrance to the private council chamber (secretarium,q.v.) of a magistrate to prevent
any disturbance of the peace, to announce and introduce
persons who appeared in court, and, in general, to keep
order. The name is derived from the barriers (cancelli)
that shut off the private council chamber from the public.
CHARIOT HORSE (equus cur[r]ulis), a horse supplied for
the public chariot races that were given by the State, for
the amusement of the populace, at the expense of the
praetors (q.v.), as their compulsory public service.
CHASE OF WILD BEASTS (venatio ferarum), wild animal
baiting, a spectacle of the amphitheater in which wild
beasts, such as lions, tigers, and elephants, were released,
pursued, and killed by trained hunters. Sometimes the

spectacle consisted of a combat of the beasts, which were
incited to fight and kill each other.

(arca), a special treasury. The most important were:
CHEST
E575
Glossary
I. certain special funds of the Emperor; 2. a fund of the
praetorian prefect, used primarily for military purposes;
3. a fund of the prefect of the City; 4. a fund for the
purchase of grain (arca frumentaria) ; 5. a fund for the
purchase of oil (arca olearia) ; 6. a fund f or the purchase

of wine (arca vinaria). The grain, oil, and wine were
f or the dole to the populace in Rome and Constantinople.
See treasury, dole.
CHIEF APPARITOR. See chief of office staff.
CHIEF BUREAU CLERK. See chief of office staff.
CHIEF CIVIL PRIEST,
office of (Gr. archierosyna). See civil
priest.
(decemprini, primates, primi civitatis,
primi patriae, principales), the highest ranking decurions
CHIEF DECURIONS
(q.v.) of the municipal councils, usually ten in number.

Their rank was conferred usually in consequence of
seniority, but it might be conferred by election. Upon
them was incumbent the chief burden of the compulsory
municipal services. See decurion.
(primarius, primas, primicerius,
primiscrinius,princeps, principalis, prior), the chief ap-
CHIEF OF OFFICE STAFF
paritor of an office staff. He acted as a supervisor of the

members of the office staff but was subject to the orders
of the official in whose office he served.
CHIEF PHYSICIAN
(Gr. archiatrus), the chief of a guild of
physicians in the socialized medical system, a medical

supervisor.
CHIEF RECRUIT TAX COLLECTOR
(temonarius, ctpitularius),
collector of taxes payable in recruits or in the money

value assigned to recruits when commutation was permitted. This office was a compulsory public service (q.v.).
CHIEF RECRUIT TAX COLLECTORSHIP (Gr. protostasia, Gr.
prototypia). See chief recruit tax collector.
CHIEF TENANT (conductor), a leaseholder or a lessee of a
large landholding, who divided it into smaller landholdings which he sublet to small farmers, chiefly coloni.
CHILDREN, NATURAL (naturalesflii). They had many legal
and economic disadvantages. Their fathers were encouraged to appoint them as decurions (q.v.), thereby removing the stigma of their birth. Any child was considered a
natural one if any impediment prevented legal recognition
of the union of his father and mother.
CHILIARCH (Gr. chiliarcha), a person who assumed command of i,ooo persons in marshaling them for the pagan
processions.
CHURCH (Gr. Ecclesia), organization of Christians. From
the time of Constantine, all the Emperors except Julian
vied with each other in conferring special privileges on
the Church and the clergy. Heretical sects, apostates, and
pagans were debarred from the enjoyment of such privileges and were placed under many legal disadvantages,
since the Emperors strove to promote religious unity as
an essential element in national unity.
CINCIAN LAW, a law introduced by Marcus Cincius 404 B.C.
It placed a number of limitations on gifts.
CINCTURE
OF OFFICE, OFFICIAL CINCTURE
(cingulus), a
girdle that was worn by soldiers and officials as insignia

of rank.
CIRCUMCELLIONS. See heretics: circumcellions.
CIRCUS, FACTION OF
(factio stabulorum), a guild (q.v.) on

providing horses, drivers, and all other requisites for the
chariot races. There were four of these factions, distinguished by the colors, red, white, blue, and green, and
E576
the charioteer of a faction wore its color. The director of

each faction bore the title of master (dominus) or chief
of the faction (factionarius). The rivalry among the factions, supported by their partisans among the people,
often led to riots and bloodshed.
CIVIL ACCOUNTANT. See accountant, civil.
CIVIL JUDGE (judex civilis), an official who tried cases between civilians or between a civilian defendant and a
military plaintiff, as distinguished from a military judge
(q.v.). The governor of the province was the civil judge
of first instance in most cases, and hence was known as
the judge ordinary, but since the administrative and
judicial functions were not separated, most officials acted
as judges at times.
CIVIL LAW. See law, civil.
CIVIL PRIEST (sacerdos, sacerdotalis), a survival from pagan
times when priests served in certain civil capacities, primarily in the production of games and other amusements
for the populace in the municipalities. In Christian times,
the title was kept and laymen were chosen to perform
these civil duties, without having any connection with any
priestly office, and they produced the games and other
amusements at their own expense.
CLAUDIAN
DECREE OF THE SENATE
(Senatus Consultum
provided inter alia that if a

freedwoman cohabited with a slave of another person,
after due notice that the master forbade it, she and the
issue should be his slaves. If the master consented to such
cohabitation, the issue might, by agreement of the master
and the woman, become his slave.
CLERGY (Gr. clericatus). See cleric.
CLERIC (Gr. clericus). Clerics individually and collectively
were granted many special privileges, especially exemption from the crushing burden of taxation and the performance of compulsory public services. Only by entering
the army (q.v.) or the clergy could the regimented lower
classes escape from their status (q.v.). Hence there was
"an unholy rush for holy orders" on the part of the
lower and middle classes, the ones who suffered most
from the oppression of the imperial bureaucracy.
CODE: GREGORIAN, HERMOGENIAN, THEODOSIAN. See Gregorian Code, Hermogenian Code, Theodosian Code.
COGNATE (cognatus), related by blood kinship, either
through males or females; sometimes related by marriage, and at times related through females only, as
contrasted with agnates who were related through males
only.
COGNITOR (cognitor) : I. a judge who held an investigating
trial or cognizance; often used of the governor of a province as the judge ordinary of the first instance for most
cases; 2. an attorney with limited powers appointed in
court by one party, in the presence of the other party to
the suit. See procurator.
COLLECTOR OF PURPLE DYE FISH (murilegulus). See dye
fish, collector of.
COLONA (colona). See colonus.
COLONUS (colonus, ascriptus), a tenant farmer, a sharecropper, of ignoble status (q.v.). Originally he was of
freeborn condition but his position gradually deteriorated
until it was little better than that of a chattel slave (servus), with which he was often equated. Late in the fourth
century the Emperors declared (CJ II, 52) that although
the coloni appear to be of freeborn status they must
nevertheless be considered slaves of the soil (servi terrae)
Claudianum), in
52 A.D.,
Glossary
to which they were born. As serfs they tilled the soil
and supplied certain goods and services in return for the
use of the land. Chiefly as a revenue measure and to
guarantee an adequate supply of food and other provisions for the armies and the cities, they were bound to
the land which they tilled and they could not be alienated
from it but passed with it from one owner to another. In
many respects they were treated as slaves by their masters
(domini) and runaway coloni could be recovered by their
masters in the same way as fugitive slaves. As agricultural workers their status was a wretched one and was
without any hope of betterment, since it was hereditary,
as was that of all classes in the regimented socialized
State of the later Empire. Their economic and social condition corresponded in general to that of the other laboring classes who were enrolled in the lowest guilds (q.v.),
such as armorers, breadmakers, limeburners, miners,
quarriers, purple dye fish collectors, and teamsters
(qq.vv.), some of whom, like armorers, were branded
like the lowest slaves.
COMMISSARY OFFICER (primipilaris, primipilarius), one of
the officials originally in charge of issuing supplies to the
soldiers; they later became civil officials also and issued
supplies to civilian members of the imperial service. The
office was burdensome and expensive and was evaded
whenever possible.
COMMUTATION
(adaeratio), substitution of a money payment for a payment in kind, as in the case of the annona,
recruits and horses for the army, and many other tax
payments, as well as payments by the State of salaries
(subsistence allowances, q.v.) of members of the imperial service.
COMPTROLLER OF THE IMPERIAL ACCOUNTS
PRIVY PURSE
AND
OF THE
(rationalissummarum et rei privatae), the
highest treasury official. He might be called secretary of

the treasury.
COMPULSORY
PUBLIC
SERVICES
(functiO, munus, munia,
necessitas, officium). As an integral part of the taxation

system (q.v.), the government imposed upon the people
the burden of performing certain public services without
remuneration, but ordinary tax payments were often
called by this name (munera pecuniaria), since they were
the most essential of the compulsory public services. The
burden of these compulsory services fell most heavily on
the middle and lower classes. Some of these services,
such as that of various offices in the municipality, were
called "honors." Thus in every municipality the leading
citizens were appointed to membership in the municipal
council as decurions (q.v.), and they were compelled to
serve their municipalities and the central government in
numerous official capacities, at great personal expense
and inconvenience, and often to the complete ruin of their
fortunes. The various landholdings were subject to the
payment of special services, payments which the landholders usually imposed on their tenants, though some
of these services, such as the collection of recruits for
the army and recruit taxes (q.v.) were performed by the
landholders themselves. Other compulsory services of
property (munera patrimonialia) were the free quarter-
ing (q.v.) of soldiers and other members of the imperial

service on householders, and the furnishing of various
supplies, such as wood, lumber, sand, and other building
materials. In addition, services and supplies were requisitioned for the maintenance of the public post (q.v.) and
for services in connection with the transport of troops

and supplies for the army. Epecially burdensome were
the menial and physical compulsory services (munera sordida, munera corporalia), such as limeburning, charcoal
burning, and breadmaking. In addition, the lower classes

must furnish labor in the State armories, in the mines
and quarries, in the construction and repair of public
buildings, highways and bridges, and in a vast number of
menial tasks that were performed for the socialized State.
The system was adopted by an impoverished treasury
which lacked the funds for the payment of such services
and thus resorted to the conscription of labor on a large
scale, but it proved extremely wasteful in its disruption
of normal economic life and thus fed the very evil which
the Roman Emperors were attempting heroically to combat. See taxes, guilds, public works, roads, construction
and repair of.
CONFIDENTIAL ADVISER
(domesticus) : I. an attendant of a
governor of a province, chosen by the primates of the

governor's office staff and employed in private and confidential matters; 2. (familiaris), a member of the imperial
household who served unofficially in the capacity of adviser to the Emperor.
CONFIDENTIAL AGENT ( curiosus), an elite member of the
secret service (q.v.) who was employed in missions in
which speed and secrecy were necessary. Some confidential agents were stationed in the retinue of the Emperor
so as to be always at his service. Others were stationed
in the provinces where they observed and reported to the
Emperor the actions of the provincial officials, especially
those of the governors. They also retained their original
function of inspecting the public post and of seeing that
it was used only by properly authorized persons. Their
corruption and rapacity were notorious, since they had
exceptional opportunities for intimidation and for the extortion of bribes.
CONFISCATION (confiscatio), the appropriation of property
by the fisc, either when property became caducous, or
escheated, because it was ownerless, or when it was taken
from owners who forfeited their property through their
delinquencies or crimes.
CONSANGUINITY
(consanguinitas), blood kinship through
either males or females, sometimes used of kinship

through females only, in contrast with agnation, kinship
exclusively through males.
CONSCRIPTION OF LABOR. See compulsory public services,
guilds.
CONSISTORY, IMPERIAL. See imperial consistory.
CONSTITUTION, IMPERIAL
(constitutio), a legislative enact-
ment that was issued by the Emperor. Such imperial

ordinances consisted of : I. general legislative enactments,
known as edicts (edicta) ; 2. judicial decrees (decreta)
in the settlement of lawsuits; 3. rescripts (rescripta) or
authoritative decisions that were issued either in answer
to requests for advice by officials or as a reply to the petitions of private persons; 4. letters (epistulae) or mandates
(mandata), administrative instructions that were regularly
issued to imperial officials. The constitutions were drafted
by the quaestor of the palace (q.v.) and if of a general
nature they were usually published by being posted
throughout the Empire. Rescripts of a private nature
often conferred special privileges on specific persons at
their request. Many of them were issued in the interest
of equity, to correct the abuses that arose from too strict
[ 577 ]
Glossary
an application of the law but most of them were issued
as grants of special privileges, in response to the demands
of powerful men whom the Emperor did not dare to offend and whom he was not always able to resist, since
his authority often depended on their vigorous support.
Most such grants of special privileges have been lost,
since they were not included in the Theodosian Code,
but the Emperors often mentioned them and sought to
protect themselves and the interests of good government
by declaring that any imperial grant of special privileges
should be void if it was found to contravene the general
laws, if it should prove to be contrary to the public interest, or if it were granted in reply to fraudulent petitions. Some rescripts were even issued by the quaestor,
usually in collusion with other officials, without the
knowledge or authorization of the Emperor. Most constitutions seem to have been issued by the Emperors in a
sincere but hopeless attempt to better conditions in the
crumbling Empire, to reform the corrupt bureaucracy,
and to alleviate the wretched lot of the masses.
CONSTITUTIONARY (cOnstitutionarius), one of the officials
who were entrusted with the custody and transcription
of the imperial constitutions.
CONSUL (consul) ; the political significance of this office
had disappeared, but it was still a title of honor, since the
Emperors all held the office at various times. It was a
purely honorary title, serving only to designate the year.
Two consuls were appointed for each year, one in the
eastern and one in the western part of the Empire.
CONSULAR (consularis): I. a title of a governor of a province (q.v.) ; 2. of the rank of consul, a consul or exconsul.
CORNELIAN LAWS. See Laws, Cornelian.
CORRUPT SOLICITATION (ambitus, ambitio). See solicitation,
corrupt.
COUNCIL CHAMBER, PRIVATE (secretarium), regularly used
for private conferences and hearings, as well as for public trials, the regular courtroom of the judge ordinary,
the governor of the province.
COUNT (comes). After the time of Constantine, there were
two chief classes of counts: I. the major counts, or those
of the rank of Illustrious. These included the master of
soldiers, the master of offices, the count of the household
troops, the count of the sacred imperial largesses, and
the count of the privy purse. 2. the minor counts, who
were divided into counts of the first, second, and third orders. In this group were included all counts below the
rank of Illustrious, such as governors of provinces, the
count of military affairs, and others. In the case of both
classes, the title of count in itself confers only a dignity,
never an official function. In some cases, however, the
title of office disappeared, leaving the title of count as
the designation of the official function. For a complete
list of the counts mentioned in CTh, see the index.
(comes dispositionum), the title
COUNT OF ARRANGEMENTS
of the master of the bureau of arrangements (q.v.).
COUNT OF THE HOUSEHOLD DOMAIN IN CAPPADOCIA (comes
domorum per Cappadociam), the administrator of the imperial estates in Cappadocia, originally under the administration of the count of the privy purse, but after
Theodosius II under that of the grand chamberlain.
He had supervision of all imperial palaces, buildings,
grounds, and probably over the imperial coloni and
slaves. The reason for this special official only in Cap-
padocia seems to be that the extensive pagan temple

properties in Cappadocia that were confiscated by Constantine required the creation of a special official for their
administration.
COUNT OF THE HOUSEHOLD TROOPS
(comes domesticorum),
commander of the household troops (q.v.); he was directly under the Emperor and independent of the master
of soldiers.
COUNT OF AN IMPERIAL BUREAU (comes scrinii), a title of
the master of an imperial bureau (q.v.).
COUNT OF THE IMPERIAL CONSISTORY (comes consistorii),
a member of the imperial consistory (q.v.).
COUNT OF THE IMPERIAL STABLE (comes sacri stabuli), a
minor count whose chief function was to provide a supply of horses for the military.
COUNT OF MILITARY AFFAIRS (comes rei militfris), a title
of the dukes who commanded the field army troops in the
dioceses and provinces.
COUNT OF THE ORIENT (comes Orientis), the governing official of the diocese of the Orient (Syria and Palestine).
COUNT OF THE PRIVY PURSE (comes rei privatae or comes
rerum privatarum), the administrator of the property
which constituted the private estates of the Emperor and
of the income thereof. See treasury.
COUNT OF THE SACRED IMPERIAL LARGESSES (comes sacrarum largitionum), the administrator of the sacred imperial largesses, the central treasury of the Empire. He
was in charge of the collection and disbursement of the
public revenues that were paid in money and had supervision over the imperial silk and other textile factories.
See treasury.
COUNT OF THE SCHOLARIANS (comes scholarum), a title of
the commander of the scholarian troops (q.v.).
COUNT OF THE SOLDIERS (comes militum). See count of
military affairs.
COUNT OF THE TREASURY (comes aerarii), a designation of
the count of the privy purse and of the count of the
sacred imperial largesses (qq.vv.).
COURT, IMPERIAL. See imperial court.
CRETION (cretio), the formal declaration of an heir that
he chooses to enter upon an inheritance.
CROWN GOLD (aurum coronarium), gold presented by the
wealthier provincials and dignitaries to the Emperor on
occasions of special rejoicing. It was earlier a freewill
offering but later became a compulsory payment, as an
assessed tax.
CURATOR (curator), the legal guardian of a person between
the ages of puberty and twenty-five years; also of other
persons who were mentally or physically incompetent to
manage their own affairs.
CURATOR OF A MUNICIPALITY (curator civitctis), a municipal official who ranked between the defender and the
municipal magistrate (qq.vv.). His functions are not exactly determined but they seem to have been to receive
the complaints of the provincials, to provide for the care
of public buildings, to lend municipal funds, and similar
duties. The office as it was originally instituted was for
the purpose of supervising municipal financial affairs but
it had gradually deteriorated and become a thankless and
burdensome task, to be evaded whenever possible.
CURIAL (curialis), originally a member of a municipality
(q.v.) whose property and wealth made him eligible to
serve as a decurion (q.v.) and as a municipal magistrate.
The curials thus formed the great middle class of the
[ 578 1
Glossary
Empire. In the great days of the Roman Republic and
early Empire, the municipalities enjoyed a large measure
of freedom, as autonomous, self-governing units, little
worlds, all their own, and municipal public life was vigorous and healthy. The leading citizens presented themselves as candidates for the decurionate and the office
was highly esteemed as a great honor. In the later Empire, with the decline of the municipalities and their loss
of independence the office of decurion likewise lost its
independence and desirability and became primarily a tool
of the central government for its administration of the
municipalities, for the collection of taxes and the enforcement of the various compulsory public services
(qq.vv.). The decurions thus became indispensable for
the maintenance of the imperial revenues, since they became responsible for any delinquencies in tax payments
and the performance of the compulsory public services.
They were compelled to serve without remuneration, at
great personal inconvenience, and at such great personal
expense that as a class they were finally destroyed by
their crushing burdens. They sought in every possible
way to escape but were hunted down, arrested, brought
back, and compelled to serve. They were even forbidden
to travel, for fear that they might avail themselves of
some opportunity to escape. Their property was obligated
to their service and could not be alienated without a special decree. If one decurion defaulted, his colleagues in
the decurionate were compelled to bear the loss, and his
colleagues were thus made responsible for the capture
and return of fugitive decurions. Each decurion must
serve in each of a number of compulsory public services,
including the municipal magistracies, likewise at their
own expense. As the duties of the decurionate became
more burdensome, each curial was compelled at some time
to discharge the duties of a decurion, and hence the term
curial and decurion were used synonymously. See: decurion, municipal council, municipality.
CUSTOMS DUTIES (portoria, vectigalia), taxes collected at
ports and on frontiers on imported goods.
D
(Gr. decargyrus nummus), a small silver coin
worth ten copper denarii or about i/6oo of a solidus
(qq.vv.) ; a tax of this sum.
DECENNALIA. See quinquennalia.
DECREE (decretum), I. a judicial decision, rendered by any
judge, including the Emperor; 2. a decision or a resolution of the Senate, of a municipal council, or of a guild
(qq.vv.).
DECREE OF INSTRUCTION
(decretum), a resolution of a
group of provincials whereby they instructed a delegation
(q.v.) to present their petition to the Emperor.
DECURION (decuria, municeps), a member of the local
municipal council. See municipal council, curial, palace
decurion.
DECURY (decuria), a guild (q.v.) of apparitors in Rome.
There were many of these decuries, including various
kinds of secretaries and clerks, apparently employed in
the service of the State. Since they were highly trained
and educated, they had many special privileges.
DEFENDER OF A MUNICIPALITY (defensor civitatis), a municipal official who was instituted for the protection of
the lower classes against the more powerful, especially
DECARGYRUM
against the provincial governors and the great landholders. He had police, financial, and judicial powers and was
an important official of the municipality. He was sometimes called the defender of the plebs (defensor plebis).
The office deteriorated and became weak and corrupt, so
that it finally became an additional burden to be imposed
upon the unwilling decurions.
DEFENDER OF THE SENATE (defensor Senatus), a representative chosen by the Senators from their own number,
to protect their interests against any injustices of the
decurions or governors, especially in matters affecting
taxation.
DELEGATE (legatus), a member of a delegation (q.v.).
DELEGATION (legatio), a group sent by a municipality, province, or any group, to convey a request or complaint to
the Emperor. Most delegations were sent to seek relief
from the overwhelming burdens of taxation.
DELINQUENT TAXES. See taxes, delinquent.
DENARISMUS (denarismus), a tax of a denarius (q.v.) or
an ounce, a tax imposed on real estate at the rate of a
denarius or an ounce (uncia, twelfth part, ounce). All
real estate that was gainfully acquired from curials by
non-curials was thus taxed. G. understands this to mean
a tax of a denarius or ounce of gold that was thus imposed. He conjectures that the tax was at the rate of one
denarius or one ounce of gold for each tax unit of land
and that there was a gold denarius and a silver denarius
in addition to the well known bronze coin. See Du Cange,
S.V.
DENARIUS (denarius), sometimes called nummus, a small
bronze coin worth about 1/6000 of a solidus (q.v.).
DEPARTMENT (Gr. schola, barracks), a uniform group of
civil or military officials who performed various state and
imperial services. They may be divided into three classes:
I. the military scholae (see imperial bodyguard and
household troops) ; 2. the imperial scholae, those directly
under the Emperor and the master of offices, such as the
secret service and the silentiaries; 3. the non-imperial
scholae which were employed by the praetorian prefects
and served on their staffs. See scholarians.
DEPORTATION (deportatio). See exile.
DIGNITARY (dignitas, honoratus), any person who held or
had held a public office which conferred a rank or distinction, whether the office was in the civil, military,
or court service; also a holder of an honorary title or
a titular dignity.
DIMINUTION OF STATUS (capitis deminutio), the diminution
of jural capacity which fell under three heads: I. the
greatest (maxima), or loss of freedom; 2. the intermediate (media), or loss of citizenship; 3. the least
(minima), or loss of rights within a family, as when a
child was emancipated, he ceased to have any legal claims
on his father or the family from which he had been
emancipated.
DINUMMUS (dinummus), a double denarius (q.v.), a small
bronze coin of the value of two denarii or about 1/3000
of a solidus (q.v.).
(Gr. dioecesis), an administrative division of the
Empire. Each diocese was a subdivision of one of the
four prefectures (q.v.) and consisted of a group of provinces (q.v.). A vicar was the presiding officer of a diocese, except in the case of the Orient and of Egypt. At
the end of the fourth century there were four dioceses
in the Prefecture of the Gauls, three in the Prefecture
DIOCESE
E 579 1
Glossary
of Italy, two in the Prefecture of Illyricum, and five in
the Prefecture of the Orient. See map.
DIVINER (hariolus), a seer who pretended to foretell the
future, and since such prophecies were often antisocial,
they were prohibited by law. See astrologer, magician.
DIVORCE, NOTICE OF (repudium), a formal written notice of
the repudiation of a marriage, sent by either party to
the marriage, with or without the consent of the other
party.
DOLE (annona), a distribution of food, ,sometimes free,
sometimes at a nominal price, to the p6pulace, especially
in the capital cities, Rome and Constantinople, where the
dole became a permanent institution and the right to it
hereditary.
DONATISTS. See heretics: Donatists.
DOWRY (dos), a gift made on behalf of the bride to the husband as a contribution toward the common expenses of
the marriage.
DRIVER, PACKANIMAL (Gr. agaso, bastagarius), a teamster,
a member of the guild (q.v.) on which was incumbent
the compulsory public service of driving packanimals for
the transport of freight for the State.
DUCENARIUS (ducenarius), a term of rank of uncertain
meaning. It is of military origin, as are centenarius and
sexagenarius, which are usually used in connection with
it and which rank below it. In the Theodosian Code, it
appears to indicate a rather high rank in the imperial
service and in the office staffs. It is most frequently used
in connection with the secret service, but it is also applied
to the imperial messengers, to commissary officers, to the
Caesarians, and to the tax collectors (qq.vv.).
DUKE (dux), a military commander immediately subordinate to a master of soldiers. He had the rank of count
and was often called count instead of count and duke.
He was usually in charge of frontier troops and of the
military district in which he was stationed.
DUUMVIR (duumvir), one of the two highest of the municipal magistrates. Their office was similar to the Roman
consulship and was held for one year. In earlier times
it was much sought after, as an honor, but in the later
Empire it became burdensome and expensive and was
evaded whenever possible.
DYE FISH, COLLECTOR OF PURPLE (murilegulus, conchylegulus), a member of the guild (q.v.) on which was incumbent the compulsory public service of the collection
of the shell fish from which purple dye was made.
E
(Hebr. Pascha, Paschalis sollemnitas), the Jewish
Passover or Paschal feast, which became the Christian
Easter in commemoration of the resurrection of Christ.
EDICT (edictum), a proclamation of an official, especially
of the Emperor. See constitution, imperial.
EGREGIOUS (egregius) a high equestrian rank which fell
out of use after the time of Constantine. See Illustrious.
ELITE (allectus), a person upon whom the Emperor conf erred the Senatorial dignity because of his special merits
or as a mark of favor. This honorary rank regularly
carried with it exemptions from certain Senatorial burdens and taxes.
EMANCIPATION (emancipatio), the formal liberation of a
child from the paternal power (patria potestas, q.v.) of
his father. By this ceremony the child became legally inEASTER
dependent (sui juris, q.v.) and himself the head of a

family (paterfamilias, q.v.), even though he might still
be a minor. By this act he suffered diminution of status
(capitis deminutio, q.v.) as to his family rights, since
he was no longer a member of his father's family and
had no legal claim on it.
EMERITUS (emeritus), any person who has performed his
full term of service, especially of military service, and
has obtained an honorable discharge. The emeriti were
the recipients of many special privileges.
EMPHYTEUSIS (Gr. emphyteusis), a form of long term or
perpetual lease whereby the lessee, called an emphyteuticary, was bound by contract to cultivate and improve the
land. He paid a small fixed rent, and his tenure was either
for a long term or perpetual and passed to his heirs,
lapsing only if he failed to fulfill his contract. This was
the regular type of lease for the lands belonging to the
Emperors and to municipalities, but it could also be used
on private estates.
EMPHYTEUTICARY (Gr. emphyteuticarius), a lessee by emphyteusis (q.v.).
ENCHANTER (incantator), a person who chanted or muttered magic formulas. Such enchanters were prohibited,
along with other magicians, because of their antisocial
tendencies. See astrologer, magician.
ENCRATITES. See heretics: Encratites.
ENFORCEMENT OFFICER (executor, intercessor), an apparitor (q.v.) of a judge whose duty it was to execute the
sentence of the judge, especially in cases involving the
collection of debts and delinquent taxes.
ENTHUSIASTS. See heretics: Enthusiasts.
EPISCOPAL COURT (episcopale judicium, episcopalis audientia), the court of a bishop which had jurisdiction over
ecclesiastical cases and gradually acquired secular jurisdiction also. Such courts originally arose among the early
Christians who voluntarily submitted their disputes to
their own bishops rather than to the pagan judges. At
first the episcopal judges were merely arbitrators and had
no power to enforce their decisions, until in 408 the Emperors made their decisions enforceable by the secular authorities. The episcopal courts became popular, since they
were usually less expensive and less corrupt than the
secular courts.
EQUESTRIAN (eques, equester), a knight, a member of the
class who held rank next below the Senators.
ESCORT, OFFICIAL. See official escort.
EUCHITES. See heretics: Euchites.
EUNOMIANS. See heretics: Eunomians.
Ex-, a prefix attached to the name of an office or rank, indicating either that the rank or office had been held or
that an honorary or titular rank had been bestowed by
imperial letters patent (codicilli, q.v.).
EXCEPTION (exceptio), a defense or demurrer which, if
established, bars further action on the case. See prescription.
EXEMPTION (excusatio, immunitas), freedom from the obligation to perform a compulsory public service, such as
a tax payment or the duties of a guardian.
EXILE BY DEPORTATION (deportatio), a form of punishment whereby the condemned person was confined within
certain local bounds, such as an island or some prescribed
place on the mainland, and was considered as civilly dead
and as a foreigner (peregrinus). The Emperor some-
[ 580 1
Glossary
times pardoned such a deported person and restored him
to all his civil rights. See exile by relegation.
EXILE BY RELEGATION
(relegatio), a form of punishment
similar to exile by deportation (q.v.) but milder, since

relegated persons did not forfeit their civil rights.
EXTRANEOUS PERSON
(extraneus), a person outside a group
that is bound together by some common legal relationship, such as a family, a partnership, a household, or a
nation; an outsider, stranger, foreigner.
EXTRAS (salganum, pickles), soldiers' slang for additional
services or supplies which they sometimes obtained, usually by extortion, from the householders on whom they
were quartered.
F
FABIAN LAW.
See Law, Fabian.
(foederati), frontier tribes that were

bound by an alliance with Rome to defend the borders
of the Empire against aggression in return for a stipulated remuneration in money or supplies. From these
tribes mercenary troops were drawn by the Romans.
FEDERATED
ALLIES
FIELD ARMY
TROOPS
(comitatenses), the mobile armed
forces, originally the escort (comitatus) of the Emperor.

Later, certain units of them were called the palatines or
palace troops, and both of these forces were stationed
at strategic points near the imperial residence, well
within the frontier.
FISC (fiscus), the State treasury, which included the sacred
imperial largesses, the Emperor's privy purse, the crown
property, and the imperial chest (qq.vv.).
FISCAL REPRESENTATIVE
(rationalis, fiscalis), I. an official
representative of the interests of the fisc. 2. a subordinate official in charge of fiscal affairs in the provinces.
FLAMEN (flamwn), originally a pagan priest; in Christian
times either a civil priest (q.v.) or a Christian priest.
FOLLIS (follis, sack, bag), originally a bag of coins of a
fixed value; later a coin, either a small follis, worth
about 1/144 of a solidus (q.v.) or a great follis, worth
about $46, U.S.A. 1950; a Senatorial tax (q.v.).

FORCIBLE ENTRY AND SEIZURE
(invasio, pervasio) of houses
and lands was very common in the later Empire, in spite

of the severe penalties prescribed by law against it, since
very powerful persons were able to defy the laws or else
to evade them, with the connivance or collusion of the
corrupt bureaucracy.
FOREIGNER
the estates of their freedmen and freedwomen who died

intestate and without children.
(advena, peregrinus), may mean the national
of another country but more commonly refers to an inhabitant of another province.

FORUM (forum), I. the market place, used also as the place
of public assembly; the public assembly; 2. tribunal,
court, place of trial. For most civil cases, dignitaries
and clerics had the benefit of forum, or the privilege of
being tried only before certain courts. Similarly, soldiers had the benefit of forum of military courts.
FORUM, PRESCRIPTION OF
(praescriptio fori), the defense
that a suit against certain persons can be brought only in

certain designated courts. See forum.
FREEDMAN, FREEDWOMAN
(libertus, liberta; libertinus, li-
bertina), a person who had been legally manumitted from

slavery. Their manumitters became their patrons, to'
whom the freedmen and freedwomen owed many obligations, such as services (operae, q.v.) and reverential
obedience (obsequia). The patrons were also entitled to
G
GAIUs, a famous jurisconsult (q.v.), ca. ioo-i8o.
GLEBAL TAX.
See Senatorial land tax.
(administrans, administrator,cognitor, cognitor

ordinarius,consularis, corrector,judex, judex ordinarius,
moderator, praeses, praesidens, proconsul, rector, and
GOVERNOR
various circumlocutions), the administrator of a province,

with judicial as well as administrative powers; his court
was ordinarily the court of first instance in the province;
he supervised the collection of taxes. The difference between these various titles lies partly in their historical
origins, since they were invented at different times and
under varying circumstances, and partly in the size and
importance of the governorship and of the province.
GRAMMARIAN (Gr. grammaticus), a professor of literature
and language.
GRAND
CHAMBERLAIN
(praepositus sacri cubiculi, provost
of the sacred imperial bedchamber), a high official in

charge of the persons and arrangements that provided
for the safety and comfort of the Emperor and Empress.
He also had charge of the imperial estates in Cappadocia.
GRAVEDIGGERS (Gr. copiatae), considered in the number of
the clerics (q.v.) and thus granted special exemptions
from taxes and other compulsory public service.
GREGORIAN CODE (Codex Gregorianus), an unofficial collection of imperial constitutions (q.v.) made shortly after
294 A.D. by an otherwise unknown Gregorius, a Greek,
possibly a professor of law at the great law school of
Beirut. The text has been lost and fragments of it exist
only in later quotations from it. See Hermogenian Code.
GROUND RENT (vectigal), the rent paid on land that was
owned by the State or a municipality and that was
granted by them to tenants on long term or perpetual
lease. See emphyteusis.
GUARDIAN. See curator, tutor.
GUARDS, CITY (vigiles), a military organization that acted
as policemen and firemen. The service was hereditary
and sometimes inflicted as a punishment.
GUBERNATORIAL APPARITOR. See apparitor, gubernatorial.
GUBERNATORIAL RESIDENCE (praetorium), a dwelling furnished rent free to the provincial governor who must
keep it in good condition at his own expense.
GUILD (collegium, corpus), originally a voluntary organization, somewhat like a medieval guild or a modern labor union. In the later Empire, guilds, like all other
groups, were regimented and their labor was systematically conscripted for State service. Membership was made
permanent and hereditary, and was often inflicted as a
punishment. Agricultural workers (coloni, inquilini,
qq.vv.) had their own regimentation but most of the
other lower classes were enrolled in guilds and were made
subject to their compulsory public services (q.v.). Their
lot, like that of the coloni, was a wretched one, and they
sought in every possible way to escape, many of them
even selling themselves into slavery to private masters.
But fugitive guildsmen were hunted down, arrested,
brought back, heavily punished, and reduced to their
former condition of economic servitude. Their property
was obligated to their service and could not be alienated
without a special decree. They were not permitted to
E 581 1
Glossary
travel without special permission, for fear that they
might escape. Guilds may be roughly divided into two
main groups, the higher and the lower. The duties of
the higher guilds were much lighter and more agreeable
than were those of the lower guilds. The higher group
included such guilds as those of the decuries of clerical
workers, shipmasters, swine collectors, and cattle collectors (qq.vv.). The lower guilds led a miserable existence,
not much better than that of criminals who had been
condemned to hard labor for life. Their group included
such guilds as those of armorers, breadmakers, charcoal
burners, limeburners, miners and quarriers, porters,
purple dye fish collectors, and teamsters (qq.vv.).
GUILDSMAN (collegiatus, corporatus). See guild.
H
(paterfamilias, q.v.).
(praeconium), the right to the official
use of heralds and to be proclaimed by them; one of the
privileges of imperial officials of high rank, such as
provincial governors and their superiors.
HERESY (Gr. haeresis), the formal denial by a baptized person of the religious doctrines that were officially authorized. In the interest of national unity, the Emperors
strove to maintain unity within the Church. Hence
heresy was considered not only a sin against God but
a crime against the State and was severely punished as
such. See heretic.
HERETIC (Gr. haereticus). See heresy. The numerous heretical and schismatic sects of the period of the late Empire frequently represented a rebellion against the State
and against the authoritarian control of the State-supported Church rather than profound doctrinal convictions and differences. The following heretical sects are
mentioned in CTh:
APOLLINARIANS, the followers of Apollinaris, Bishop of
Alexandria, or of Laodicea, according to some sources
(died about 392), who taught that Christ had no human intellect, that in him the Divine Word assumed a
human body, animated by a human vital principle, and
that the Word took the dominant place ordinarily held
by the human mind. The person of Christ, therefore,
was the union of a perfect divine nature with an incomplete human nature. In effect, the heresy deprived
Christ both of humanity and of divinity.
APOTACTITES (Apotactitae, Renunciators), the adherents
of various ascetic sects, sometimes known as Apostolici, of the third and fourth centuries that sprang up
and spread through the western and southern parts of
Asia Minor. They sought apostolic purity of life by
renouncing marriage and private property.
ARIANS, followers of the teachings of Arius (256-336),
a priest of Alexandria. This heresy was one of the
most widespread of the fourth century and was conHEAD OF A FAMILY
HERALDS, RIGHT OF
demned by church councils at Nicaea (325) and Con-
stantinople (381). Its teachings were that God is absolutely alone and unknowable, separate from every
created being; that Christ was a created being, inferior
to the Father and used by Him in subsequent works of
creation, that he was of a different substance from
the Father, and to be worshipped as a secondary divinity; that Christ in His incarnation assumed a body,
but not a human soul. This heresy persisted and appeared in various forms until the Middle Ages.
ASCODROGITAE. See Tascodrogitae.
AUDIANs, an anthropomorphitic sect that arose in the
fourth century in Syria and extended into Scythia.
Their founder, Audius, interpreted the text of Genesis
I, 26-27 literally and held that God had the human
form. The sect also celebrated Easter at the time of
the Jewish Passover. It reappeared at intervals until
the tenth century.
BORRORIANS, or Borborites, a heretical sect, described by
Philastrius. The nature of their doctrine is uncertain.
CAELICOLISTS (Caelicolae), an obscure heretical sect of
the fourth and fifth centuries which apparently combined Jewish and Christian doctrines.
CIRCUMCELLIONS, a group of the Donatists (q.v.), composed of runaway slaves, ruined peasants, and the nonRoman population of north Africa, who combined ecclesiastical with social revolt and fanatically sought
martyrdom. They were ultimately suppressed by the
government.
DONATISTs, a group of schismatics, representing an extreme phase of Arianism, who probably took their
name from Donatus of Casa Nigra, one of the leaders
of the schism. The Donatists held that the validity of
the sacraments depended upon the spiritual worthiness
of the minister; that sinners could not be members of
the Church; and that all who joined their sect should
be rebaptized. In spite of the severe penal measures
enforced against these schismatics, they persisted until
the time of the Saracen invasions.
ENCRATITES, Abstinents, or Continents, so called becaused
they condemned marriage, clericalism, and the use of
wine and animal food. Their asceticism was based on
their views in regard to the origin of matter.
ENTHUSIASTS, a name given to the Messalians (q.v.)
from their tenet of the indwelling of God, by whom
they thought that they were inspired or possessed.
EUCHITES, a name given to the Messalians (q.v.) from
the Greek translation of their Oriental name, which
means to pray.
EUNOMIANS, followers of the teachings of Eunomius and
Aetius during the second half of the fourth century.
This heresy was an extreme form of Arianism (q.v.)
and affirmed that Christ, as a created being, was inferior to and unlike the Father in will as well as in
substance. Formally condemned at the Council of Constantinople (381), the sect gradually disintegrated because of internal divisions.
HYDROPARASTATAE, the Greek name for the Aquarii, the
group of early Christians who substituted water for
wine in the Eucharist. They were not actually a sect,
since the practice was common in early times, even
among the orthodox. Theodosius, in his persecuting
edict of 382 (16, 5, 9), classes them as a special sect
with the Manichaeans, who also avoided the use of
wine.
MACEDONIANS, also called Pneumatomachi
(Fighters
against the Spirit) because they denied the divinity of
the Holy Ghost, claiming that it was a being similar
to the angels, subordinate to and in the service of the
Father and the Son, whose relationship did not admit a third. Founded by Macedonius, Bishop of Constantinople, the sect flourished in the countries ad-
582 ]
Glossary
jacent to the Hellespont during the fourth and fifth
centuries.
MANICHAEANS,
followers
of the teachings of Manes
(Mani), a Persian of the third century, who taught a

metaphysical and religious dualism. The doctrine was
actually compounded of Zoroastrian dualism, Babylonian folklore, Buddhist ethics, and some Christian
elements. According to this doctrine, there are two
eternal first principles: God, the cause of all good,
and matter, the cause of all evil. Matter, or the spirit
of evil, is also a god equal to the other. This sect
spread rapidly and flourished widely, lasting for more
than a thousand years.
MARCELLIANS, the followers of Marcellus, Bishop of Ancyra, a sect closely associated with the Photinians
(q.v.).
MARCIANISTS, or MARCIONISTS, the adherents of a heresy,
or series of heresies, named from Marcion, a shipowner from Sinope in Pontus, who withdrew from
the Church and founded his own church at Rome
about 144. He attempted to reform Christendom by
delivering it from false Jewish doctrines and restoring
the gospel of Christ as interpreted by Paul. The
churches founded by Marcion and his disciples varied
in many points of doctrine, but in general their belief
was that Christ was the manifestation of the good God,
who was opposed to the God of the Old Testament,
the Demiurge, the just and wrathful god of the law.
Since matter was a worthless thing, they rejected the
belief in the resurrection of the body and refused baptism to those living in matrimony. The sect was highly
organized and presented a real threat to the Catholic
Church; it persisted for more than 500 years until it
was finally swallowed up by Manichaeism.
MESSALIANS, or MASSALIANS, from the Syrian word, to
pray, also called Adelphians after their first leader,
Adelphius. They believed that prayer alone gave grace,
that sacraments and other observances were unnecessary, and that every man had an interior devil who could
be ousted by the personal indwelling of God. They were
condemned by several eastern synods of the fourth and
fifth centuries, but they reappeared later in a developed
form as the Bogomils. See Enthusiasts; Euchites.
MONTANISTs, a schismatic sect which arose in the second
century as a reaction against secularism in the Church.
It began in Phrygia and was led by Montanus, who
with Maximilla and Prisca and other followers, claimed
a gift of prophecy which involved direct inspiration
by God. They believed in the imminence of the Second
Coming, forbade remarriage of the widowed and flight
from persecutions, imposed rigorous fasts, and denied
the power of the Church to forgive sins. The theologian, Tertullian, late in his life became a member
of this schism and developed at Carthage a group somewhat different from the original group of Montanus.
MONTENSES, the name of the Donatist congregation at
Rome, so called because they met on a hill outside the
city.
the followers of Nestorius, Bishop of Constantinople, (died about 451), who was condemned by
NESTORIANS,
the Council of Ephesus in 431. Their belief was that

in Jesus Christ were two persons joined together, God
the Son (the Word) and the man Jesus; that only the
man Jesus was born of Mary and therefore she should
not be called the Mother of God but the Mother of

Jesus; that Jesus the man was the dwelling place of
the Word and that he only died on the cross. After
his condemnation Nestorius lived in exile until his
death. The sect of the Nestorians survives today
among the East Syrians of Turkey and Persia.
NOVATIANS, the schismatic and heretic followers of Novatian, who in 251 was consecrated Bishop by a minority of the congregation in opposition to Cornelius,
whose election as Bishop they protested. He and his
followers were excommunicated the same year. This
sect denied the power of the Church to absolve those
who had lapsed into idolatry; they called themselves
"the pure," and refused absolution to those who were
guilty of murder, adultery, and second marriages. They
also rebaptized their converts from Catholicism. The
sect persisted until the seventh century.
OPHITES, or Ophians, an early sect of Gnostics who revered the serpent as a symbol of the divine wisdom
that had befriended Adam and Eve by inducing them
to eat of the fruit of the tree of knowledge.
PAULIANISTS, a sect that derived its teaching from Paul
of Samosata, Bishop of Antioch (260-268). Their
doctrine denied a distinction of persons in God and
maintained that Christ was a mere man, raised above
other men by the indwelling of the Word which was
not a person but an impersonal power of God; that
Christ was adopted by God and exalted to divine dignity.
PELAGIANS, a fifth century sect named from its founder
Pelagius, a monk and scholar and a native of Britain,
about whose origin little is known. His teachings, which
were controverted by St. Augustine and officially condemned as heretical, were: There is no such thing as
original sin; consequently, there is no baptismal regeneration, no damnation of unbaptized infants, and no hereditary taint of Adam's sin. Man has perfect freedom
of will and has no absolute need of God's grace to set
him right. Man, though aided in various ways by divine
grace, is virtually the author of his own salvation.
Death is not due to original sin, but is a law of nature.
PEPYZITES (Pepyzitae, Pepuzians), a sect of Montanists
(q.v.) also called Quintillians. Montanus is said to

have selected Pepuza as one of the founding places
of his sect, and the followers are reputed to have slept
there in order to see Christ, as Priscilla had done.
PHOTINIANS, the followers of Photinus, a Galatian of the
fourth century and deacon to Marcellus, Bishop of Ancyra (see Marcellians). His long struggles to maintain
his orthodoxy involved a dispute as to the nature of
the Trinity, and he was deposed as Bishop of Sirmium
in 351 for denying the divinity of Christ.
PHRYGIANS, the name first given to the Montanists (q.v.).
PNEUMATOMACHI, a nickname applied to the Macedonians (q.v.).
PORPHYRIANS, the adherents of Porphyry, a Syrian Neoplatonist (233-304?), a strong opponent of Christian-
ity.
a sect that originated in Spain, led by
Priscillian, a wealthy layman who devoted his time
to the study of theology, philosophy, and the occult
sciences, and who later became Bishop of Avila. His
teachings enjoined a harsh asceticism, including a renunciation of marriage. He was condemned, put to
PRISCILLIANISTS,
[ 583 1
Glossary
torture, and beheaded, together with four companions,
the first instance of the application of the Theodosian
law against heretics. In spite of persecution, the sect
persisted until late in the sixth century.
PROTOPASCHITES, a sect that celebrated Easter according
to Jewish customs. See Sabbatians.
SABBATIANS, followers of Sabbatius, a Jew who was converted to Christianity about 399 and became a Novatianist presbyter. He taught that Easter should be
celebrated at the time of the Jewish Passover.
SACCOPHORI, a sect of the Manichaeans, probably so
called because they wore sackcloth; sometimes identified with the Messalians.
SIMONIANS, a Gnostic, Antinomian sect of the second
century which regarded Simon Magus as its founder
and traced its doctrines back to him.
TASCODROGITAE, a nickname given to the Montanists, or
to the Pepuzians, from the Phrygian words meaning
peg and nose, because they were said to place their
forefingers up their noses when praying "in order to
appear dejected and pious." (Epiphanius 48, 14).
They were sometimes called Ascodrogians.
VALENTINIANS, the most important and widespread of
the Gnostic sects, founded by Valentinus, an Egyptian
who was in Rome about 135-160. It was a mixture
of Platonism, Oriental philosophy, and Christianity,

with an extravagant and complex cosmogony in which
the spiritual or ideal world alone was real; Christ was
a spiritual being, an "aeon," with no real body, yet
with real humanity; He redeemed men by freeing
their psychic nature from its material bondage, but
some men only were capable of receiving the enlightenment whereby they might be saved. This doctrine is
called the Valentinian Gnosticism.
HERMOGENIAN CODE (Codex Hermogenianus), an unofficial
collection of imperial constitutions (q.v.), made by the
jurist Hermogenianus, a Greek, shortly after 294 A.D.,
in the East, possibly at Beirut. The text of it has been
lost and fragments of it exist only in later quotations
from it. See Gregorian Code.
HOLY MAIDENS AND WIDOWS (sanctimoniales virgines et
viduae), sanctimonials, virgins and widows who dedicated themselves to a life of chastity and of religious
service. They became a religious order at an early date
and were granted many special privileges.
HONORARY LAW. See law, honorary.
HOUSEHOLD, DIVINE IMPERIAL, the Emperor's patrimonial
estates (q.v.).
HOUSEHOLD GUARD (domestici), imperial guards, consisting
of both horse and foot, who were usually stationed at the
imperial court, but who might be sent elsewhere for a
special purpose, such as the execution of imperial commands. See imperial bodyguard.
HYDROPARASTATAE. See heretics: Hydroparastate.
I
See status; status, of ignoble.
See status, of ignoble birth.
ILLUSTRIOUS (Illustris), the highest of the class gradations
by which all civil, military, and court officials were designated. The other classes, in descending order, were: the
Respectable (Spectabilis), the Most Noble (Clarissimus), the Most Perfect (Perfectissimus), and the
Egregious (Egregius). Each of these classes had its
IGNOBLE STATUS.
IGNOBLE BIRTH STATUS.
special privileges, consisting in tax exemptions, honorary prerogatives, and favors of many different kinds.
All of these ranks could be conferred by the Emperor as
honorary titles, either as a mark of favor or on retirement
of an official from office. All the higher offices carried
with them membership in one of the three highest classes.
IMAGE, IMPERIAL (imago imperialis, statua); special reverence must be shown to the images and statues of the
Emperors. Defenseless persons had the right to take
sanctuary at the statues of the Emperors, just as in the
churches. The images of the Emperors were often borne
in public processions, especially at the opening of games
and other occasions of rejoicing.
IMMIGRANT (advena), a foreigner (q.v.), a foreign settler
on Roman soil.
IMPERIAL BODYGUARD (protectores), a branch of the household troops (q.v.) which formed a personal guard of the
Emperor and at the same time a training school for
officers for the army. The distinction between the household guard and the bodyguard is not clear.
IMPERIAL BUREAU. See bureau.
IMPERIAL CONSISTORY (consistorium, a standing), the imperial council, composed of the political, legal, and military advisers of the Emperor. It served as his advisory
board on matters of legislation and policy. All high imperial dignitaries automatically became members of the
consistory and acquired the rank of count of the imperial consistory. In many cases the title was purely
honorary; in some cases the officials actually served in an
advisory capacity to the Emperor. It derived its name
from the fact that its members stood while the Emperor
sat. The jurisconsults of the imperial consistory played a
decisive role in the development of Roman law in the
later Empire.
IMPERIAL COURT (comitatus), the headquarters of the Emperor; the Emperor and his consistory (q.v.) formed a
court of appeal and decided many cases of law and State
policy.
IMPERIAL LETTERS PATENT. See letters patent, imperial.
IMPERIAL MESSENGER (mittendarius), one of the apparitors
of the department or bureau of messengers who were
sent from the palace to the provinces in connection with
tax levies and other imperial mandates. They were also
sent to investigate and collect evidence in case of complaints against provincial officials.
IMPERIAL SECRETARY. See secretary, imperial.
IMPERIAL SERVICE (militia), any State service, whether civil
or military. So completely militarized was the governmental organization that this term was used for both
types of service. Military service usually, but not always,
received the special designation of the armed imperial
service (armata militia).
IMPERIAL SERVICE, MEMBER OF (miles, militaris). See imperial service.
IMPERIAL STANDARD. See standard, imperial.
IMPERIAL WEAVER. See weaver, imperial.
IMPERIAL WEAVING ESTABLISHMENT. See weaving establishment, imperial.
IMPETRATE (impetrare), to obtain by petition, and especially by supplication made to the Emperor, who often
changed the strict rules of law in the interest of equity
or in order to grant some special favor.
IMPOST (vectigal), a tax on imports and exports, customs,
tariff; vectigal may also mean: I. any general tax; 2. a
[ 584 J
Glossary
tax in kind; 3. a ground rent paid by emphyteuticaries
(q.v.).
INACTIVE (vacans) ; any member of the imperial service,
after his prescribed period of service, might retire and
be placed on inactive duty, known as vacatio. He thus
became a member of the reserve (q.v.).
INCEST
(incestum, incestus) ; in Roman law included not
only unions of near kinsmen by blood, such as that of

brother and sister, father and daughter, and mother and
son, as in the English Common Law, but was applied to
unions of near kinsmen by marriage, such as those of
brothers-in-law with sisters-in-law, of step-parents with
step-children, of adoptive parents with adoptive children,
or of brothers and sisters by adoption, and of collateral
relatives to the fourth degree.
INDICTION (indictio), originally a proclamation of any kind.
It came to mean a tax assessment. Such assessments were
proclaimed every year. The term is also used to indicate
a period of time between two reassessments, which occurred every fifteen years after 312 A.D. Thus the indiction was the basis of a new system of chronology.
INFAMY (infamia), public disgrace with forfeiture of
status, inflicted upon persons convicted of certain crimes.
Infamous persons were disqualified from the performance of many legal acts and were subject to many legal
disabilities.
INFANT, a person under seven years of age. See minor.
INFORMER (delator), a person who informed the treasury
of property or money that was due the State, as in the
case of escheated property, and of attempted tax evasion,
or a person who informed the authorities of the commission of a crime or of a plot to commit some crime,
especially the crime of high treason. Such informers were
in great disrepute, under constant suspicion, and subject
to severe penalties if they attempted to act as informers
more than twice, if they failed to convict the accused
person, or if they abandoned an action before the case
was ended.
INQUILINUS (inquilinus), commonly used synonymously
with colonus (q.v.). Originally the inquilini were distinguished from coloni in that they had many property
rights, were freer and were privileged to transfer from
one landholding to another, but these rights were gradually lost.
INSCRIPTION
(inscriptiO) : I. the essential part of a formal
accusation. When a criminal accusation was brought,

permission must first be obtained by the accuser from
the presiding judge of the appropriate court. Preliminary
investigation was held, and if permission was granted, the
accuser made formal charges in the presence of the
magistrate and the accused. Then the charge of accusation was formally drawn up in writing. This was the
inscriptio libelli or libellus accusationis,which was signed
by the accuser, as well as by the accused and his supporters, and entered on the court register. By signing
this inscription the prosecutor became liable to the penalties of the false accuser or the deserter of an action if
he failed to convict the accused person or if he abandoned
the action before the case was ended. 2. the heading of
an imperial constitution (q.v.). It regularly contained
the names of the Emperors under whom it was issued
and the name of the person to whom it was addressed.
INSPECTOR, TAX
(inspector). See tax inspector.
INTERIM POSSESSION.
See temporary possession.
INTERPRETATION
(interpretatio).The interpretations found
in the manuscripts of CTh are not a part of the Code as

first issued, but they were composed by medieval jurists
between the issuance of the Code in 438 and the promulgation of the Breviarium of Alaric in 5o6. They often
vary from the Code, sometimes through misunderstanding and sometimes in order to revise the law.
ISSUANCE OF SUPPLIES (erogatio annonae). Since most of
the taxes were paid in kind, most of the salaries of members of the imperial service, both civil and military, were
often paid in kind or issued as subsistence allowances
(annonae, q.v.), but subject to commutation into money.
The issuance of supplies was administered by the bureaucracy and offered many opportunities for official corruption.
ITALIAN RIGHTS (jus Italicum), special rights, including
certain legal privileges and exemptions from taxation,
which originally belonged only to the inhabitants of Rome
and Italy. Later they were conferred upon the inhabitants
of Constantinople and at times upon various municipalities.
J
(judex), any official acting in a judicial capacity.
Most frequently the term refers to the governor of a province (judex ordinarius),but it may include higher officials
and often refers to the praetorian prefect in his judicial
functions. Almost all of the higher officials had judicial
as well as administrative functions and were the prescribed judges for cases that came within their jurisdiction.
JUDGE, CIVIL (judex civilis), a judge who heard cases between civilians and cases that involved soldiers as plaintiffs against civilian defendants. See judge, military.
JUDGE, MILITARY (judex militaris), a judge who heard
cases between soldiers and cases that involved civilians
as plaintiffs against soldiers as defendants.
JUDGE ORDINARY (judex ordinarius), the governor of a
province whose court was the court of first instance in
most cases.
JULIANUS, famous jurisconsult (q.v.), ca. 100-170.
JULIAN LAWS. See Laws, Julian.
JUDGE
JURISCONSULT
(]urisprudens, prudens), a man learned in
the law who often served in an advisory capacity to the

imperial consistory (q.v.) as well as to judges and advocates. The writings of the more famous jurisconsults
were made binding as law. Those mentioned by name in
CTh are: Gaius, Papinian, Paulus, Ulpian, Modestinus,
Scaevola, Sabinus, Julianus, and Marcellus.
L
LABOR, CONSCRIPTION OF.
LAETI
See compulsory public services.
(laeti), barbarians who were settled on the borders,
especially in Gaul, and who were granted tracts of land

to cultivate in return for protecting the border. Some
scholars see in them the origin of the Roman colonate
and of medieval serfdom. See federated allies.
LAETORIAN LAW, also called PLAETORIAN LAW. A statute
passed about 200 B.C. for the protection of minors until
the twenty-fifth year of their age. It especially forbade
the lending of money to minors.
LANDHOLDER (possessor), the owner or possessor of a landholding. The great landholders were the most powerful
[ 58 1
Glossary
men in the Empire. They often defied the laws or evaded
them by the connivance or collusion of the corrupt bureaucracy.
LANDHOLDING (possessio), usually, but not always, a landed
estate under the control of a great landholder (q.v.).
LAND TAX UNIT, TAXABLE UNIT OF LAND
(jugum, jugatiO,
yoke), the basis of the calculation of taxes on land. The

size of this unit of arable land varied according to the
fertility and the type of cultivation. There were units
for vineyards, for olives, and for other types of crops.
The unit was intended to represent the amount of land
which one ablebodied person (caput, head) could cultivate, somewhat similar to the English yoke or hide, the
German Joch or Hufe, the Spanish yugada, the Portuguese jugada, or the French arpent. Thus the tax on a
landholding could be estimated according to the units of
taxable land (fuga, yokes, jugera) or according to the
number of persons (capita, heads) who tilled it. The
land tax (fugatio) and the capitation tax (capitatio)
were thus often different ways of designating the same
tax for agricultural land and agricultural workers, and
not different taxes, as has sometimes been stated. See
taxes, capitation tax.
LARES (lares), the household gods, the home, usually the
legal residence.
LARGESSES. See sacred imperial largesses.
LATIN, a freedman, with limited rights, not a Roman citizen.
LAW OF ALIEN PEOPLES (jus gentium) : I. the body of legal
rules for the government of aliens, especially the alien
immigrants and tradesmen who were subject to Rome,
and the rules for governing the intercourse of these
aliens with Roman citizens. Much of this law owed its
inspiration to the precepts of the foreign law which the
aliens had formerly used, but a great deal of it was superior to such foreign law as well as to the native Roman
law, in that it developed many rules of equity, as contrasted with the stiff formalism of its antecedents. 2.
the general rules of equity that developed from a comparative study of the laws of the foreigners with the law
of the Romans. This law was conceived as a perfect system that underlay the legal systems of all countries. On
this conception was based the identification of the law of
alien peoples with natural law (q.v.), an identification
which was often made by Roman jurists.
LAW, CHRISTIAN (lex Christiana), the Christian rule, the
body of Christian doctrine.
LAW, CIVIL (jus civile) : I. the law of a municipality (civitas); 2. the municipal law of Rome which gradually developed into the law of the Roman Einpire and of the
ancient world; 3. the traditional Roman law, especially
the law of the Twelve Tables, as distinguished from natural law, from the honorary or praetorian law, and from
the later statutory law as it was embodied in the imperial
constitutions (qq.vv.). In modern usage the Civil Law
is the law of countries or states that have derived their
legal system direct from the old Roman law.
LAW, CORNELIAN (Lex Cornelia), a number of laws that
were enacted by Cornelius Sulla during his dictatorship,
82-79 B.C. The ones that are mentioned in CTh are:
LAW,
CORNELIAN,
ON
POISONING
AND
MAGIC,
CUT-
THROATS, AND PARRICIDES (De veneficiis, sicariis et

parricidiis). It inflicted penalties on persons not only
for actual homicide but for carrying weapons, for arson, for selling poisons or practicing magic, if any of
these acts were committed with homicidal intent. It

inflicted similar penalties for perjury in capital cases
and a few others. In the more aggravated cases and
for the lower classes the penalty was death or condemnation to the mines. For less serious cases and for
the upper classes the penalties were correspondingly
lighter.
LAW, CORNELIAN, ON FORGERY AND TESTAMENTS (De falso
et testamentis). It inflicted penalties on persons who
forged wills and other written instruments. The punishment for the upper classes (honestiores) was confiscation of property and exile by deportation (q.v.),
for the lower classes (humiliores) it was condemnation
to the mines or death.
LAW, FABIAN,
ON KIDNAPPING
(Lex Fabia de plagio),
of uncertain date and authorship, but first mentioned

by Cicero. The capital penalty might be inflicted,
though a lighter punishment was sometimes imposed.
LAW, HONORARY (jus honorarium). See law, praetorian. It
was called honorary law, since it was issued by the praetor
while holding office which was officially designated as
an honor.
LAW, JEWISH (lex Judaica), the Jewish rule, the body of
Jewish religious doctrine.
LAW, JULIAN (Lex Julia), a number of laws that were
enacted by Julius Caesar and Augustus who also bore
the name of Julius. The ones that are mentioned in CTh
are:
LAW, JULIAN, ON ADULTERY (De adulteriis) passed by
Augustus in 18 B.C. It contained a number of provisions that dealt with marriage and dowries. It prohibited freeborn persons from marrying certain classes
of infamous persons and forbade Senators and their
children to marry freedwomen. By this law, if a husband kept his wife and failed to prosecute the adulterer,
after he had learned that she was guilty of adultery,
he was criminally liable as a procurer. A wife f orf eited
half of her dowry and a third of her property and was
exiled by relegation (q.v.). The adulterer forfeited
half of his property and was also exiled by relegation.
The Julian Law allowed the father of the adulteress
to kill both adulterer and adulteress in certain. cases.
The husband was allowed to kill adulterers whom he
caught in the act, if they were of low degree, but he
was not allowed to kill his wife.
LAW, JULIAN, ON CORRUPT SOLICITATION (De ambitu),
passed by Augustus Caesar in 18 B.C., to repress illegal methods of seeking office. The penalty was a
heavy fine.
LAW, JULIAN, ON EXTORTION (De rebus repetundis),
passed by Julius Caesar in 59 B.C., to punish public
officials for extortion and for the acceptance of bribes.
The penalty was the repayment of fourfold the amount
that had been extorted or accepted as a bribe, together with infamy (q.v.).
LAW, JULIAN, ON HIGH TREASON (De majestate, De
majestate laesa), ascribed by some to Julius Caesar and
by others to Augustus. The penalty was usually confiscation of property and death, though lighter punishments might be inflicted. The crime included not only
acts that were injurious to the State but all plots against
the Emperor and the members of his family and all
acts that were derogatory to his dignity and honor,
such as libels against him and mutilation of his statues.
[ 586 ]
LAW, JULIAN, ON PUBLIC AND PRIVATE VIOLENCE
Glossary
(De
on
vi publica et privata), passed either by Julius or by

Augustus Caesar. It provided for the punishment of
persons who were guilty of violence, whether with or
without armed force. The penalties were exile by
deportation (q.v.) and confiscation of a third of the
offender's property.
LAW, JULIAN, ON VOLUNTARY ASSIGNMENT OF GOODS
(De
cessione bonorum), of uncertain date, passed either by

Julius Caesar or by Augustus. It allowed insolvent
debtors, if their insolvency was not due to their own
misconduct, to make a voluntary assignment of their
property to their creditors, thus escaping infamy and
imprisonment.
LAW, JULIAN AND PAPIAN, or JULIAN AND PAPIAN POPPAEAN (Lex Julia et Papia, Lex Julia et Papia Poppaea), passed by Augustus Caesar in 9 A.D. It contained
many provisions for the encouragement of marriage
and large families. Among its many provisions it
penalized unmarried persons by disqualifying them
from being able to accept any benefit under a will,
unless they were related within the sixth degree to
the testator. Married persons, who were childless, received only half of the amount that was bequeathed to
them, unless they were similarly related. Special rights
were also granted to parents on account of their children. See rights that accrue to parents on account of
their children.
LAW, MILITARY, the special regulations that applied to sol-
diers in the army, differing in many respects from the

law that applied to civilians.
LAW, PRAETORIAN, the modifications introduced into the
common law of Rome by the praetor in his edicts during
the Republic.
LAW, VISELLIAN (Les Visellia), passed in 23 A.D. It made
a Latin (q.v.) liable to prosecution if he presumed to
exercise the rights of a freeborn (ingenuus, q.v.) Roman.
LEASEHOLDER (conductor), regularly a chief tenant (q.v.)
who leased large tracts of land from the State and sublet
small tracts to tenants for farming.
LEAVE OF ABSENCE (commeatus), relief from duties for a
limited period, granted only under very strict conditions
to members of the imperial service. The penalties for
delayed return were severe.
LEGALLY DEPENDENT (alieni juris), legally subject to the
authority of another, as were slaves to their masters,
children to their fathers, and minors to their guardians.
LEGALLY INDEPENDENT (sui juris); only a person in his
majority, a Roman citizen, and the head of a household,
a paterfamilias (q.v.) could be legally independent and
could validly perform many legal acts.
LEGATE (legatus), a representative, especially a representative of the Emperor, such as the governor, proconsul of
Africa, or the representative of the proconsul, to whom

special jurisdiction was delegated.
LETTERS PATENT, IMPERIAL (codicilli), letters issued by the
Emperor which granted honorary titles and titular dignities. Such honorary titles were eagerly sought, since
they conferred many material benefits and special privileges, in addition to the honor and prestige. See ex-.
LEVY, TAX. See tax assessment.
LIBELLA, a denarius (q.v.), originally a tenth of a denarius.
LIMEBURNER (calcis coctor), a member of a guild (q.v.)
which was incumbent the compulsory public service

of making lime by heating limestone in kilns.
LITISCONTESTATION (litis contestatio), an attestation of suit
(q.v.).
LODGING PLACE (stativa). See post stations.
LUSTRAL GOLD, LUSTRAL SILVER, LUSTRAL TAX
(arum lus-
trale, argentum lustrale, collatio lustralis), a tax payable

in money and assessed every five years on trades and
professions, and especially on merchants.
M
MACEDONIANS. See heretics: Macedonians.
MAGICIAN (maleficus), a person who practiced the arts of
the supernatural by invoking evil spells. In CTh, the

various terms indicating magicians are used almost synonymously, with little distinction except of degree and
intention. The practice of magic was especially opposed
by the Emperors who feared its effect on their own
power. See astrologer.
MAGISTRATE (magistratus), usually a magistrate of a municipality. His duties were burdensome and expensive
and were evaded whenever possible.
MAGISTRATE OF THE PEACE (Gr. irenarcha), an official with
both civil and military functions. He was appointed by
the decurions and confirmed by the provincial governor.
His duties involved the maintenance of peace and order
and the detection and apprehension of criminals and
other undesirable persons, either in the municipalities or
in the rural districts.
MAJORINUS, MAJORINA (mjorinus), a large coin of unknown value, as contrasted with the centenional (q.v.),
a small coin.
MAJUMA (Majuma), a spectacle about whose nature and
origin little is known. It seems to have been a water spectacle, to have originated and to have been celebrated
chiefly in the Orient. See G. on CTh 15, 6.
MANDATE (mandatum), i. in private law, a contract
whereby one party agrees to perform gratuitously some
act for another who agrees to indemnify him for any
expenses incurred; 2. in public law, an order of the Emperor to a subordinate, especially to one in a province.
MANICHAEANS. See heretics: Manichaeans.
MANUMISSION (manumissio), the act of setting free a slave.
The manumitter became the patron of the freedman and
was entitled to certain rights that became legal obligations
on the freedman (libertus, q.v.).
MARCELLIANS. See heretics: Marcellians.
MARCELLUS, a famous jurisconsult (q.v.), fl. 165.
MARCIANISTS, MARCIONISTS. See heretics: Marcianists.
MARINE (classicus), a soldier attached to service in the
ships of the imperial fleet.
MASTER (magister), I. the administrative head of a branch
of the imperial service. This title designates a rank
rather than a function and is usually employed in conjunction with a title of office. 2. a schoolmaster; a master
of literature; a master of studies. For a list of the masters mentioned in CTh, see the index.
MASTER OF ADMISSIONS (magister admissionum), an official
under the master of offices. His function was the direction
of the office of admissions, which admitted and introduced persons who had obtained the privilege of an audience with the Emperor. See admission, adoration.
MASTER OF ARRANGEMENTS (magister dispositionum), more
E 587 ]
Glossary
commonly called by the title, count of arrangements
(q.v.). See bureau of arrangements.
MASTER OF THE CENSUS
(magister census). See master of
tax assessment.
MASTER
MINER,
OF BOTH
BRANCHES
OF THE
MILITARY
SERVICE
(magister utriusque militiae). See master of soldiers.

(magister equitum et pedi-
MASTER OF THE HORSE AND FOOT
tum), the highest ranking general, who stood next to the

Emperor, the commander-in-chief of the entire army. See
master of soldiers.
MASTER OF THE IMPERIAL BUREAUS
(magister scriniorum),
an official directly under the Emperor and in charge of

the secretarial work that was done by the various imperial bureaus (q.v.).
MASTER OF LITERATURE
(magister litterarum), a professor
of literature, a schoolmaster.
MASTER OF OFFICES
(magister oficiorum), one of the highest
imperial officials. He had control of the secretarial bureaus of the palace, directed the public post and the
secret service, commanded the scholarian troops, supervised several branches of the palace administration, and
had jurisdiction over almost all of the personal servants
of the Emperor.
MASTER OF THE PRIVY PURSE
(magister rei privatae), the
chief administrator of the privy purse (q.v.). See treasury.

MASTER OF SOLDIERS
(magister militum), the master of the
horse and foot, the highest ranking general next to the

Emperor, the supreme commander of the armies. His
position in the military hierarchy was analogous to that
of the praetorian prefect in civil government. At the time
of Theodosius I there were five masters of the horse and
foot in the East, two in Constantinople and three in the
provincial military districts. In the West there were two
masters, one of the horse and one of the foot. They were
stationed in Italy but had authority over the troops in
the provinces. Later these two offices were combined into
one, which was held by the master of the horse and foot
or the master of both branches of the military service.
MASTER OF STUDIES
(magister studiorum), a professor, a
schoolmaster.
MASTER OF TAX
plies from the tax receiver or collector who obtained

them from the taxpayers.
MILITARY TAX COLLECTOR. See tax collector, military.
ASSESSMENT
(magister census); see tax
assessor. He also had supervision of students and nonresidents in the capital cities, as well as of the recording
and opening of wills and of certain donations. His apparently unrelated duties all derive from his ultimate
function: to see that no person evaded his due tax payments by concealing or falsifying his place of residence
or the amount of his property.
MESSALIANS. See heretics: Messalians.
MESSENGER, IMPERIAL. See imperial messenger.
MILITARY ACCOUNTANT. See accountant, military.
MILITARY JUDGE (Judex militaris). See judge, military.
MILITARY LAW. See law, military.
MILITARY MAN (militaris), a member of the armed imperial service. Since the power of the Emperor and the
existence of the Empire depended on the army, many
special favors were conferred on military men, both
during their active service and after their retirement.
MILITARY PAYMASTER (optio), an official whose duty it was
to distribute the supplies of the annona (q.v.) to the soldiers. He seems to have worked in conjunction with the
military accountant (q.v.), who in turn received the sup-
QUARRIER
(metallarius), a member of a guild
(q.v.) on which was incumbent the compulsory public

service of working in the mines and quarries (inetalla,
q.v.).
MINES, MINERALS, AND QUARRIES (metalla); work in the
mines and quarries was performed by condemned criminals and by others who were permanently and hereditarily bound to a guild (q.v.) of miners.
MINOR, a person under twenty-five years of age. Minors
under seven years of age were called infants (q.v.) ; under fourteen years for males and twelve for females,
they were called impuberes (below the age of puberty);
above the age of puberty and under thirty, they were
called adults (q.v.).
MINTER, imperial (monetarius), member of a guild on
minting money.
MODESTINUS, a famous jurisconsult (q.v.), fl. 240.
MODIUS (modius), a measure of about one peck.
MONK (Gr. monachus), a member of a religious order that
was dedicated to the eremitic life.
MONTANISTS, MONTENSES. See heretics: Montanists, Montenses.
MOST NOBLE (Clarissimus), a title that indicated the Senatorial rank. See Illustrious.
MOST PERFECT (Perfectissimus), a title of rank, usually reserved for the prefects, chief officials of the treasury,
and the imperial secretaries. This title was discontinued
after the time of Constantine. See Illustrious.
MOTHER VILLAGE
(metrocomia), a chief village; mentioned
in Egypt; apparently an administrative center of a municipality.

MOUNTED POLICE (equites), a branch of the secret service
(q.v.).
MUNICIPAL COUNCIL
(curia, ordo, senatus), a local munici-
pal group, composed of decurions (q.v.) whose original

functions were the duties of local government, collection
of taxes, and the usual services of urban councils. Their
duties were made a compulsory public service and became
increasingly burdensome. Later they included the collection of the imperial taxes in their district, responsibility
for uncollected taxes, maintenance of the public post by
supplying animals and provender, and other onerous and
often ruinous duties. See curial.
MUNICIPALITY
(civitas, municipium), the lowest adminis-
trative division of the Roman Empire. A municipality

comprised a country district (territorium) together with
its seat of government, the village, town, or city (vicus,
oppidum, civitas, urbs) that it surrounded. Thus, unlike
their modern English and American namesakes, many

of the Roman municipalities were primarily rural rather
than urban, since all the territory of the Empire was
divided into such districts that were called municipalities.
In the time of the Roman Republic and early Empire,
the municipalities were one of the chief glories and
sources of strength of the Roman system of government.
Each municipality was free to administer its own internal
affairs and owed only a general allegiance to the central
government. In the later Empire, the municipalities entirely lost their prided independence and were administered from Rome through the decurions and municipal
[ 588 J
Glossary
magistrates (qq.vv.) who had become the instruments
of the central government, without any freedom of voice
or action of their own. See curials, decurions, compulsory public services, taxes.
MUNICIPAL MAGISTRATES
(magistratus), the administrative
heads of municipalities, usually two in number, called

duumvirs (q.v.); they corresponded to the Roman consuls. Their office was imposed on them as a compulsory
public service, was burdensome and expensive and was
usually avoided whenever possible.
N
NESTORIANS.
NOTARY
See heretics: Nestorians.
(tabellio) a person who composed written docu-
ments, such as wills, petitions, and contracts, but who had

no official public office.
NOTICE OF DIVORCE. See divorce, notice of.
NOVATIANS. See heretics: Novatians.
NOVELS
(novellae, novellae leges, new laws), usually called
the post-Theodosian Novels or the Novels of the Theodosian Corpus, were a number of laws that were issued
after the compilation of the Theodosian Code and not
included in it. They extend from 438 to 468 and they
give an extremely valuable picture of the final disintegration and collapse of the Roman Empire of the West, as
the hapless Emperors desperately struggled to lighten
the intolerable burdens of the masses and to abolish the
unspeakable corruption of an intrenched bureaucracy,
since these were among the chief factors that were fast
bringing the Empire to ruin. The Novels are the actual
texts of the imperial constitutions (q.v.), in unmodified
form, just as they were issued by the Emperors. Thus
they are quite different from the condensed forms of
the constitutions that were embodied in the Code, since
the codification commissions were instructed by Theodosius to omit all material that was not essential law.
NUMMus, a denarius (q.v.).
0
(oblatio, oblation, offertory), originally a voluntary offering that was made to the Emperor on various
occasions, especially on occasions of public rejoicing. As
time passed, these voluntary offerings became compulsory and were enforced by law as tax collections. See
offertory gold.
OFFERTORY
OFFERTORY GOLD
(aurum oblaticium), a tax that was levied
on Senators on the occasion of the accession of an Emperor and on each fifth anniversary of his accession. It
was originally a voluntary offering. The money derived
from the tax was used to distribute a bonus to the army.
See offertory.
OFFICE STAFF (officium), the subordinate officials or apparitors (q.v.) who comprised the staff of a civil or military dignitary. They were members of the imperial service (q.v.) and were subject to discharge only after their
designated term of service had been filled. Like decurions,
their service was compulsory and hereditary. As permanent officials, they were well versed in the legal aspects
of their office, and it was their duty to advise and insistently urge their superior officer to follow the course
dictated by law. Hence it was that they were always
punished along with their superior officer for an infraction of the law, usually with a penalty more severe than
his. They were poorly paid, but as members of a corrupt

bureaucracy, many of them attained considerable wealth
and honors. See apparitors.
(primas,primicerius, priuriscrinius,
prior, primus, princeps), the highest ranking member of
OFFICE STAFF, CHIEF OF
an office staff. He was in charge of the details of the

functioning of the office staff, under the supervision of
the official who held the office.
OFFICIAL CINCTURE. See cincture of office.
OFFICIAL ESCORT (prosecutor), a subordinate official whose
duty was the safe conveyance of State property, especially
of tax payments, whether in money or in supplies. On
land, such supplies were usually conveyed by the public
post, but often by the taxpayers, as a compulsory public
service (q.v.). On sea this service was imposed on the
shipmasters (q.v.).
OFFICIAL REPORT. See report, official.
OPHITES. See heretics: Ophites.
ORACLE (oraculum), in pagan times, the official response of
a god to a question of a suppliant; in Christian times,
the official response or rescript of the Emperor to a petitioner, since the Emperor was divine.
ORATION OF THE EMPEROR
(oratio Principis), an address by
the Emperor to the Senate, in which the Emperor recommended certain legislation. Since such recommendations
were always adopted, the imperial orations thus became
constitutions (q.v.), and the delivery to the Senate was
merely a convenient form of publication.
ORDER (ordo), an organized group, regularly of the upper
classes, the Roman Senate, a municipal senate.
ORIENT (Oriens), I. one of the four prefectures; 2. a diocese of this prefecture (qq.vv.) ; 3. the eastern part of
the Roman Empire.
OSCULATION, RIGHT OF
(jus osculi, osculum) : I. the right
to be kissed by an official, as a mark of respect. This right

was vouchsafed to decurions, after the completion of all
their compulsory public services, when they visited the
governors of the provinces. 2. the right of kinsmen and
kinswomen within the sixth degree to kiss each other.
OVERSEER (actor), a business agent, usually a slave, entrusted with the management of a landed estate, frequently in the absence of the owner.
P
(Gr. agaso, catabolensis),
a member of a guild (q.v.) upon which was incumbent
the compulsory public service of driving packanimals and
teams for the transport of goods.
PAGE (paedagogianus), one of the youths whose duties in
the palace included service at the table and other small
tasks.
PALACE DECURION (decurio), one of the court officials who
had various functions and duties in maintaining the safety
and service of the imperial palace. Among their duties
were to guard the anteroom of the Emperor during negotiations, to keep quiet and order in the palace, and
to lead processions in which the Emperor or Empress
participated.
PALACE GUARDS (decani), so called from their organization
into groups of ten. They seem to have performed various
kinds of guard duty in the palace and occasionally to have
been sent on personal missions of the Emperor.
PALACE STEWARD (castrensis), an official who had charge
of the economic administration of the court, of the superPACKANIMAL DRIVER, TEAMSTER
[ 589 1
Glossary
vision of the lower servants and of the imperial buildings
and grounds, and of buying supplies for the court. His
appaiitors included all servants, workmen, and artisans
necessary for the maintenance of the court household.
PALATINE (palatinus), one of the members of a group of
civil and military subordinates whose duties were connected with the imperial palace and with the Emperor.
They were usually stationed in or near the city of imperial residence, but were sometimes sent into the provinces to execute imperial orders. The word is often used,
without qualification, to denote members of the office
staff of the fisc. Their rapacity was notorious. See field
army troops.
PAPIAN POPPAEAN LAW. See Law, Julian and Papian.
PAPINIAN, a noted jurisconsult (q.v.), murdered by Caracalla, in 212.
PATERFAMILIAS, the head of a household; anyone who is
sui juris (q.v.). Only a paterfamilias had full and unrestricted legal rights.
PATERNAL POWER (patria potestas), the power which a
father possessed over the persons and property of his
children. Originally this power was absolute, but it was
gradually modified to protect the child from injustice.
The paternal power was dissolved by: I. the death of the
father; 2. diminution of status (q.v.) of either the father
or son; 3. attainment of certain dignities by the son;
4. emancipation (q.v.).
PATRICIAN (Patricius), the highest title of nobility next to
that of consul. It was conferred by the Emperor as a
mark of special favor on men who were highly distinguished for their services to the State.
PATRIMONIAL ESTATES (fundi patrimoniales), estates that
belonged to the Emperor's patrimony as a part of his
privy purse or private domain. They were usually leased
to emphyteuticaries (q.v.), and were often called the
divine imperial household (divina domus, q.v.).
PATRIMONY (patrimonium), i. a paternal inheritance; 2.
private property; 3. the patrimonial estates of the Emperor.
PATROL (circitor), a member of the secret service who
supervised the safety of the roads and streets of the
capitals, usually at night. A patrol regularly possessed
two horses and one slave.
PATRON (patronus); I. the manumitter of a slave became
the patron of the freedman, and as such was entitled to
certain special privileges. See freedman. 2. a high ranking member of a guild (q.v.).
PATRONAGE (suifragium, patrocinium), the political support of influential persons, an important factor in the
bureaucracy and the occasion of much corruption.
PAULIANISTS. See heretics: Paulianists.
PAULUS, a famous jurisconsult, fl. 220.
PAYMASTER, MILITARY. See military paymaster.
PEACE, MAGISTRATE OF. See magistrate of the peace.
PECULIUM (peculium), the property acquired by any legally
dependent person, such as a slave during his servitude or
a son under the control of his father; the private personal
property of apparitors and other members of the imperial service.
PELAGIANS; PEPYZITES. See heretics: Pelagians; Pepyzites.
PERMIT PROVIDING FOR TRAVEL AND EXPENSES
(tractoria).
See post warrant.

PHOTINIANS; PHRYGIANS.
See heretics: Photinians; Phryg-
ians.
(medicus), member of a guild (q.v.) on which

was incumbent the compulsory public service of the practice of medicine, which was socialized.
PHYSICIAN, CHIEF (Gr. archiatrus), the highest ranking
physician in the guild of physicians, especially the chief
physician of the palace.
PLEBS, PLEBEIANS (plebs), the lowest class, chiefly valuable
to the State as taxpayers and as performers of compulsory public services. They were divided into two main
classes, the rustic plebs (plebs rustica,rusticana),primarily coloni, and city plebs (plebs urbana), primarily guildsmen (qq.vv.). The plebs had few rights, were of ignoble
status, and thus were subject to torture on various occasions, as when they gave evidence in court or when they
violated the law.
PNEUMATOMACHI; PORPHYRIANS. See heretics: Pneumatomachi; Porphyrians.
POPE (papa, father), the Bishop of Rome. See bishop.
PORTER (saccarius), a member of a guild (q.v.) of workmen employed chiefly at the ports, on which was incumbent the compulsory public service of loading and unloading cargoes. Private citizens who required the services of porters were not allowed to use their own servants
or employees but must employ the porters of the guild
at the rates prescribed by the State.
POSSESSION OF GOODS (possessio bonorum), regularly refers
to possession of the goods of an inheritance that was
granted to the properly qualified heir.
POSSESSION OF AN INHERITANCE (possessio bonorum). See
possession of goods.
POSTLIMINIUM (jus postliminii), the legal right or principle whereby a person taken captive in war, on his
return, was restored to his original status and thereby
was vested with all rights and obligations that accrued for
or against him during his absence.
POST, PUBLIC. See public post.
POST STATION (mansio, stativa, mutatio), relay station, one
of the stations along the route of the public post where
travelers might lodge and where post horses and other
post animals were changed.
POST-THEODOSIAN NOVELS. See Novels.
POSTWAGON (angaria), the four-wheeled vehicle used by
the public post for the transportation of supplies and
various kinds of freight.
POSTWAGON, SUPPLEMENTARY. See supplementary postwagon.
POST WARRANT (evectio), an official permit entitling the
bearer to transportation by the public post.
POST WARRANT FOR TRAVEL AND SUBSISTENCE (tractoria),
an official permit entitling the bearer to transportation by
the public post, with provision for his subsistence while
enroute.
POWERFUL PERSON (potens), a person of the higher classes,
either because of his wealth or official position or both.
Such persons plundered and oppressed the lower classes
at will and were usually able to evade punishment. They
were also designated more powerful (potentiores).
PRAETOR (praetor), in the time of the Republic and early
Empire, the most important official after the consul. His
functions were chiefly judicial and by his edict he fundamentally modified the Roman civil law (q.v.). In the
later Empire his earlier functions had almost entirely
disappeared, and his jurisdiction was restricted and only
partial in certain civil cases, such as those involving
PHYSICIAN
E 590 1
Glossary
guardianship and the property of minors, manumissions,
and emancipations. His chief function now was to perform the compulsory public service of providing public
games and festivities for the people, at his own expense,
often to the ruin of his fortune, and this function became
a heavy burden for the Senators. Praetors were chosen
by the Senate from among their own number, and were
now named after the Emperors who had installed them.
PRAETORIAN LAW, honorary law. See law, praetorian.
PRAETORIAN PREFECT (praefectus praetorio), a high administrative official, subordinate only to the Emperor.
The four prefectures at this time were those of Gaul,
Italy, Illyricum, and the Orient. See map. The sphere
of the functions of this office were very wide, embracing
administrative, financial, judicial, and even legislative authority. The court of the praetorian prefect was the court
of highest appeal, and their decisions could be put aside
only by the Emperor, on appeal. The praetorian prefects
published the imperial commands and laws in their districts and had continuous supervision over the officials
under them. The entire system of taxation was under
their direction; each of them had his own treasury or
chest (arca). All delegations from the provinces to the
Emperor must first submit their petitions to the praetorian prefect for approval. They had general supervision over all public spectacles, mining, public buildings
and roads. They had to account for their administrations
in their regular reports to the Emperor.
PRAGMATIC SANCTION (sanctio pragmatica), an imperial
constitution (q.v.) issued in reply to the petition of a
guild, municipality, or other public body with reference
to its public affairs.
PRAYERS, SUPPLICATIONS
(preces, supplicationes), petitions
to the Emperor, who must be approached as a divinity.

PREFECT OF THE ANNONA (praefectus annonae), an official
under the prefect of the City of Rome. His duty was to
supervise the grain supply of Rome, to maintain an adequate supply of grain, and to distribute the grain as a dole
to the poor. He also had charge of measures and weights
and of testing the quality of grain and bread. Under the
prefect of the annona were the breadmakers, the grain
weighers, and the shipmasters (qq.vv.). There was also
a prefect of the annona in Africa and one in Alexandria.
PREFECT, AUGUSTAL. See augustal prefect.
PREFECT OF THE CITY (praefectus urbi) ; this office survived
only in Rome and Constantinople, where the prefect was
the chief criminal judge, the head of the Senate, and
the head of the City police forces. He was the only one
of the higher officials of the Empire who completely retained his civil character and wore a toga. He had supervision over all food that was brought into the City; in
Rome this function was delegated to the prefect of the
annona (q.v.). The prefect of the City also had charge
of the public guilds in the City.
PREFECT OF THE CITY GUARDS (praefectus vigilum), the
commander of the City guards, probably subordinate to
the tribune of the City guards.
PREFECTURE (praefectura), one of the four highest administrative divisions of the Empire, under the direction
of a praetorian prefect (q.v.). The four prefectures
were: I. Gaul or the Gauls-dioceses of Britain, Gaul,
and Spain; 2. Italy-suburban diocese of the City of
Rome, and dioceses of Italy, Africa, and Illyricum; 3.
Illyricum-dioceses of Eastern Illyricum, Thrace, and
Macedonia; 4. Orient-dioceses of Asia, Pontus, the

Orient, and Egypt. See diocese, province, and the map.
PRESCRIPTION (praescriptio), a type of exception, which, if
established, barred further action on the case; a demurrer. See exception.
PRESCRIPTION OF FORUM. See forum, prescription of.
PRIEST (sacerdos, Gr. presbyter), a cleric, on whom the
Emperors bestowed many privileges in their regard for
religion.
PRIMATE (primas, primus), chief of: I. an office staff; 2.
a company of soldiers; 3. a bureau; 4. a guild; 5. a
municipal council (qq.vv.).
PRISCILLIANISTS. See heretics: Priscillianists.
PRISON GUARD (strator), a subordinate of the prison registrar (q.v.). See stablemaster.
PRISON REGISTRAR (commentariensis, commenttrius), an
official who was chief overseer of prisoners and persons
under arrest, the keeper of prison accounts and records,
and the secretary in criminal cases.
PRIVATE COUNCIL CHAMBER. See council chamber, private.
PRIVY PURSE (res privata), originally the private property
of the Emperors; at this time it was under public administration, received public revenues, and was one of
the two great treasuries (q.v.) of the Empire. Its administrator was the master of the privy purse. See
treasury.
PROCONSUL (proconsul), the chief administrative official of
Africa, of Asia, of Achaea, of Palestine, and of Numidia. These officials were directly responsible to the
Emperor and not to the praetorian prefects, as were
other governors.
PROCONSULAR (proconsularis). See governor.
PROCURATOR (procurator), a manager or overseer in charge
of the property of another. He was usually a slave or
freedman and often managed the property in the absence of his master. See procurator in court; imperial
procurator. For a list of the procurators mentioned in
CTh, see the index.
PROCURATOR IN COURT, an advocate with more extensive
powers than the cognitor (q.v.). He could be appointed
by a simple mandate of a litigant, whereby he was authorized to act with power of attorney.
PROCURATOR OF THE DYE WORKS (procurator baphiorum).
See procurator, imperial.
PROCURATOR, IMPERIAL, any one of a number of fiscal
agents or administrators. The most important imperial
procurators were: of the dyeworks; of the estates of
the imperial household; of the imposts; of mines and
mining; of the largesses; of the mint; of the privy purse;
of the public post; of the weaving establishments.
PROCURATOR OF THE MUNICIPAL COUNCIL (procurator Curiae), an agent appointed by a municipal council to represent its interests.
PROSCRIPTION (proscriptio), advertisement of goods for
sale or of property for rent; confiscation of property;
condemnation to exile, with the confiscation of the property of the condemned.
PROTECTION (patrocinium), the protection that was extended to the weak (humiliores) by the powerful (potentes, potentiores, q.v.), who were able to shield their
protig6s from compliance with the laws and especially
from the payment of taxes. In this way the rich and
powerful became richer and more powerful, and although this was a form of rebellion against the duly
E 591 1
Glossary
constituted authority of the State, the Emperors grew
less and less able to suppress it.
PROTOPASCHITES. See heretics: Protopaschites.
PROVENDER
(capitum, capitus, capitatio), rations that were
issued to members of the imperial service (q.v.) for

their horses and other beasts of burden. See subsistence
allowance, commutation.
PROVINCE (provincia), an administrative and judicial district that was under the control of a governor (q.v.).
At the basis of the administrative organization of the
Empire lay the division into prefectures, dioceses, provinces, and municipalities (qq.vv.). At the end of the
fourth century there were thousands of municipalities in
one hundred twenty provinces, grouped into fourteen
dioceses, which formed the four prefectures of Gaul,
Italy, Illyricum, and the Orient. See map.
PROVINCIAL OFFICE STAFF (cohors). See gubernatorial office staff.
PROVOST (praepositus), overseer, director, supervisor; usually a subordinate official who was placed in charge of
some administrative function, such as the provost of the
soldiers (praepositus militaris, praepo-situs militum), a
subordinate military official of uncertain rank, usually

below the tribune. See provost of the camp. Other provosts were: of the breadmakers, of the dye works, of the
imperial standard, of the imposts, of the mint, of the
public post, of the public post stations, of the Roman
largesses, of the rural districts, of the treasuries, and of
the weaving establishments. For a complete list of the
provosts mentioned in CTh, see the index.
PROVOST OF THE CAMP
(praepositus castrorum), a military
official connected with camp or garrison duty, who was

probably in charge of camp supplies and storehouses.
PROVOST OF THE IMPERIAL STANDARDS (praepositus labarum), an official of high honor who had charge of the
imperial banners, both in time of war and in time of
peace. See standard, imperial.
PROVOST OF THE TREASURIES
(praepositusthesaurorum), an
official in charge of the treasury of an individual province, as the count of the treasury was in charge of the
treasury of a diocese. His office was in charge of transmitting the provincial tax payments to the imperial
treasury.
PUBLIC POST (cursus publicus), a system of transportation
maintained at public expense for the use of the government only, as for the conveyance of State messages, officials, and supplies. It was much misused and became a
heavy burden on the taxpayers.
PUBLIC POST, SUPERVISOR OF. See supervisor of the public
post.
PUBLIC REGISTRAR. See registrar.
PUBLIC WORKS (opera publica), city walls and a great variety
of public buildings that served for use, for adornment,
and for the pleasure of the people, such as public baths,
fiscal buildings, aqueducts, auditoriums, dyeworks, camps,
churches, workshops, prisons, storehouses, martyries,
palaces, colonnades, lighthouses, bridges, harbors, porticoes, Senate house, circus, amphitheaters, gubernatorial
residences, stables, temples, and towers. Much of this
work was done in order to give employment to idle persons, and most members of the lower classes were forced
to labor on the public works as a compulsory public
service (q.v.).
(pupillus, -a), a ward, a minor under either a tutor

or a curator (qq.vv.).
PUPIL
PURPLE DYE FISH, COLLECTOR OF
(murilegulus, conchylegu-
lus), a member of the guild (q.v.) on which was incumbent the duty of collecting the shell fish from which the
highly valued purple dye was made.
Q
(quaestor); as an urban office, the position of
quaestor had deteriorated and now involved no function
except to give the games to the populace. See quaestor
of the sacred imperial palace.
QUAESTOR OF THE SACRED IMPERIAL PALACE (quaestor sacri
palatii), the chief legal adviser to the Emperor. His duty
was to draft all legislation and the imperial rescripts in
answer to petitions.
QUARRIER. See miner.
QUAESTOR
QUARTERING OFFICER
(mensor, metator), an official whose
duty it was to designate the buildings in which soldiers or

civilian officials were quartered during their journeys in
the provinces. Originally the mensor performed this f unction only f or the Emperor and his court and the metator
only f or soldiers, but the words later became synonymous.
QUARTERS (metata). Since the State lacked funds to provide quarters for members of the imperial service while
traveling or on expedition, the citizens were compelled
to furnish free quarters in their homes as a compulsory
public service (q.v.).
QUINQUENNALIA (quinquennalia), a celebration to honor
each fifth anniversary of the accession of an Emperor to
the throne. The grateful subjects were first allowed and
later compelled to bring thank offerings to the Emperor,
and many special taxes were imposed in order that the
quinquennalia might be as splendid as possible. The publication of the Theodosian Code in 438 was one of the
events in the celebration of the sixth quinquennalia of
Theodosius II. See lustral tax, offertory, crown gold.
R
(caudicarius), a member of a guild (q.v.) on
river transportation by means of rafts.
RAGMAN (centonarius), a member of a guild (q.v.) of ragpickers on which was incumbent the weaving of great rag
rugs that were used for tent covers and for fighting fires.
RAFTSMAN
RECORDING SECRETARY
(annotator, tabularius,
Gr. hypomnematographus), a registrar who recorded tax
RECORDER,
payments and issued receipts therefor.

(tiro, junior). As one of their compulsory public
services (q.v.), landholders were required to furnish recruits for the army in accordance with the amount of
their property. A wealthy landholder might be required
to furnish several recruits, a less wealthy landholder
might furnish one recruit, while several poorer landholders might furnish one recruit in common. Most of
the recruits would thus be coloni who would be assigned
to the army. Recruits and armorers (q.v.) were branded,
so that fugitives might more easily be detected and apprehended.
RECRUIT TAX COLLECTION, OFFICE OF (temo, Gr. protostasia,
prototypia, headship of the recruit tax collection). See
chief recruit tax collector.
RECRUIT
RECRUIT TAX COLLECTOR
(temonarius, capitularius, turma-
592 J
Glossary
rius). The turmarius was originally a tax collector who
gathered recruits to be used as cavalry troops; later the
term indicated a collector of recruits of all kinds. See
chief recruit tax collector.
(rClatic, consultatio), the transmission of a case
REFERENCE
to the Emperor for his advice or opinion, when the trial

judge felt incompetent to decide some difficult point of
law. Such references were sent to the Emperor before
the trial judge had rendered a decision, but cases could
be appealed to the Emperor as the supreme judge only
after the trial judge had rendered a decision.
REGISTRAR, PUBLIC
(tabularius), an official in charge of
public records and archives, especially the records of tax

accounts.
REGISTRAR OF RIVER LEVEES
(Gr. logographus chomatum),
an Egyptian official who was in charge of building, repairing and protecting the levees of the Nile.
REGULAR TAX (canon), the fixed tax, which remained constant; many additional taxes or superindictions (q.v.)
were frequently levied.
RENEWAL OF AN APPEAL
CTh II, 31.

REMISSION
(indulgentia) : I. pardon for a crime;
2.
remis-
sion of delinquent taxes. See taxes, remission of.

(suggestio), a report with recommenda-
tions of a subordinate to a higher official, especially to the

Emperor.
RESCRIPT (rescriptum), an imperial constitution (q.v.) issued in reply to a supplication or prayer (preces, supplicatio, qq.vv.) that was presented to the Emperor.
RESERVE I. (vacans, inactive, q.v.), a member of the imperial service (q.v.) who had been granted a release
subject to recall (vacatio), and who thus became a member of the reserve; 2. (accrescentes, supernumeraries),
youthful recruits, frequently the sons of soldiers and
veterans, who were trained and held, as supernumeraries,
in readiness for active military service when replacements
were needed. See supernumeraries.
RESPECTABLE (Spectabilis), a high ranking title, immediately below that of Illustrious (q.v.).
RESTORATION
TO THE ORIGINAL CONDITION
(restitutio in
integrum), the reinstatement, on grounds of equity, of

a person to the legal position that he had occupied before
some occurrence, which but for the intervention of the
magistrate would operate in law to his prejudice. Such
restoration might be granted if the applicant was suffering some prejudice from the operation of law. The
ground for the application must be one recognized by
law (justa causa), such as minority, intimidation, fraud,
excusable mistake, necessary absence (see postliminium),
or change of status, and the case must be one in which
the law otherwise afforded no relief, except for a few
cases, as of fraud and intimidation, where the law offered an alternative method of proceeding.
(vacans). See reserve.
RHETORICIAN (rhetor), a teacher of oratory or rhetoric.
RETIRED
RIGHTS THAT ACCRUE TO PARENTS ON ACCOUNT

CHILDREN
(lusoriae), boats used on the river
frontiers to guard and defend the borders. They were

of two kinds: the agrarienses,apparently used to patrol
along the shores and inshore stations, and the judiciariae,
which seem to have engaged in more active reconnaissance
and defense actions. See G. on CTh 7, 17 and Du Cange
S.VV.
ROADS, CONSTRUCTION AND REPAIR OF
OF THEIR
(jus liberorum), a series of special privileges
that were granted by the Julian and Papian Poppaean

Law (A.D. 9) to parents on account of their children.
This law was designed to encourage the birthrate. Parents were especially favored in matters of inheritance
(itimera munire), a
compulsory public service (q.v.) that was imposed especially on the lower classes.
RURAL POLICE (stationarii), apparitors of the provincial
governors who were stationed in all the municipalities
to report and investigate crimes.
S
See heretics: Sabbatians.
a famous jurisconsult (q.v.), fl. 30
SACCOPHORI. See heretics: Saccophori.
SABBATIANS.
SABINUS,
See exile.
REPORT, OFFICIAL
RIVER PATROL CRAFT
(reparatio appellationis), allowed
only under certain conditions that are enumerated in

RELEGATION.
and in exemptions from many compulsory public services.

By special imperial favor, these rights were sometimes
granted to childless persons. This provision of the Julian Papian law was abolished in 320.
RIVER PATROLS (riparienses), the border militia who were
stationed along a river frontier.
A.D.
(sacrae largitiones). See treas-
SACRED IMPERIAL LARGESSES
ury.
(sacrilegium), a violation or profanation of
something sacred; hence a violation of an imperial constitution (q.v.), since the Emperor was considered divine.
The punishment for sacrilege was usually death.
SACRILEGE
SALARY
(salarium, annona). See subsistence allowance.

(salutatio), a greeting, especially at a State
SALUTATION
function, such as an audience with the Emperor (adoratio, q.v.).

SALES TAXES.
SCAEVOLA,
See taxes on sales.
QUINTUS
(q.v.), fl.
CERVIDIUs,
a famous jurisconsult
175.
(Gr. scholares), special troops selected as the

bodyguard of the Emperor and always stationed near
him in barracks (scholae). They acquired a strong political influence by their part in determining the imperial
succession. See department.
SCRIBE (scriba), a minor secretary or clerk, usually in the
municipalities.
SCHOLARIANS
SECONDARY
FIELD
ARMY
TROOPS
troops recruited from the

temporary detachments of
troops were first used by
time, there were eighteen
and twenty in the East.
SECOND ASSISTANT
CHIEF
(pseudocomitatenses),
frontier forces, and forming

the field army (q.v.). These
Constantine, and during his
legions of them in the West
(melloproximus), the apparitor
who ranked next below the assistant chief (proximus,

q.v.) of an office staff.
SECRETARY (exceptor), a member of a group of public or
private functionaries who were attached to all public officials and administrative bodies, as official scribes.
SECRETARY,
IMPERIAL
(notarius), an official employed in
the governmental and ministerial departments which

were subject to the Emperor himself. His duties were
to make arrangements for the Emperor, and he was often
sent on missions to the provinces. He kept the protocol
in the consistory, outlined imperial dispositions, and
sometimes read the new imperial laws in the Senate. See
tribune and imperial secretary.
E593 ]
Glossary
(cornicularius), an assistant to the chief of office staff who served as his secretary, and also as secretary of the administrator who was
the superior of the chief of the office staff.
SECRET CONFIDENTIAL AGENT (curagendarius), apparently
the same as confidential agent (curiosus, q.v.).
SECRET SERVICE, GOVERNMENT AGENTS (agentes in rebus),
a large department (schola, q.v.) of officials under the
master of offices (q.v.). Their duties involved a variety
of missions, usually confidential in nature and in the direct service of the Emperor. Some of these duties were
the delivery of imperial orders to provincial officials, the
inspection of government mail, observation of the conduct of provincial officials and reports to the Emperor
about these officials, supervision of the public post (see
confidential agents, curiosi), and investigation of the
payment and collection of taxes. Their position gave
them exceptional opportunities to intimidate the taxpayers and to accept bribes. Their avarice and corruption
were notorious.
SENATE (Senatus, curia, ordo) : I. the Senate of Rome or
of Constantinople. Their former power and glory had
long since departed. They served primarily as municipal
councils of the capital cities and as willing tools of the
Emperor. 2. a municipal senate (q.v.) of the provinces.
SENATORIAL LAND TAX, GLEBAL TAX (collatio glebalis, follis, follis senatoria,gleba, glebatio), a tax imposed upon
Senators in proportion to the amount of their landed
property. This tax was abolished about 450.
SERVICE UNIT (numerus), the unit of the military organization which seems to have varied from two hundred to
nine hundred men.
SERVICES (operae), labor and services that might be required of freedmen by their patrons and of the lower
classes by the State.
SERVITOR, PALACE. See palace guards.
SEXAGENARIUS. See ducenarius.
SEXTARIUS (sextarius), I. a liquid measure of about one
SECRETARY OF THE OFFICE STAFF
pint; 2. a dry measure of about 2 2/3 pints.

SHEEP AND
GOAT COLLECTOR, SMALL
CATTLE COLLECTOR
(pecuarius), a member of a guild (q.v.) on which was

incumbent the compulsory public service of collecting
sheep and goats for the food supply of the cities and
especially of Rome and Constantinople. Most of this food
was issued as a dole to the populace. The duties of the
sheep and goat collectors were similar to those of the
cattle collectors and swine collectors (qq.vv.).
SHIELDBEARING MAILED SCHOLARIANS (scholae scutariorum
clibanariorum),a division of the field army (q.v.).
SHIELDBEARING SCHOLARIANS (scholae scutariorum), a division of the field army (q.v.).
SHIPMASTER (navicularius), a member of the guild (q.v.)
on which was incumbent the compulsory public service
of the transport by sea of supplies for the military and
for the civilian population of Rome and Constantinople.
Most of the supplies were of grain, the bulk of which
came from Egypt and Africa.
SHOCK TROOPS (cunei), troops of the auxiliary forces of
the cavalry on the border. They were so called from the
wedge formation (cuneus) which was first introduced
into Roman strategy by the barbarians.
SHOW (ludus, spectaculum), a free performance presented
by the State or municipality for the entertainment of the
spectators. Such performances were: I. of the theater,
C 594
such as music, drama, and dances; 2. of the circus, such

as chariot races; 3. of the amphitheater, such as gladiatorial contests and animal baiting. A show was presented
by a consul, a praetor or praetors, a quaestor or quaestors, or by some other public official or officials such as
municipal magistrates and civil priests. The expenses
were paid and all provisions for a performance were
made by the producer, on whom this burden was imposed as a compulsory public service (q.v.). So numerous
did the shows become that in 354, the regular schedule of
free shows, not including the extraordinary ones, occupied 135 days annually.
(detrimentum, Gr. diametrum, Gr. epimetrum),

a certain percentage that was allowed and reimbursed by
the State to collectors and transporters of tax payments
and public supplies, to compensate for shrinkage and
waste that occurred between the time of collection and of
delivery.
SILENTIARY (silentiarius), one of the minor officials in the
palace who kept watch in the Emperor's anteroom during
conferences and in general maintained quiet and order
in the palace.
SILIQUA, the twenty-fourth part of a solidus (q.v.), a tax.
SIMONIANS. See heretics: Simonians.
SMALL CATTLE COLLECTOR. See sheep and goat collector.
SOLDIER (miles). See army, imperial service.
SOLICITATION, CORRUPT (ambitio), the use of undue influence, such as bribery or patronage, to achieve political
aims. It was customary in all branches of the imperial
service in the later Empire.
SOLIDUS, the standard gold coin, 1/72 of a Roman pound
SHRINKAGE
and worth about $6, U.S.A., 1950.
(haruspex), originally a participant in the

ceremonies of the State religion as the priest whose function it was to make public sacrifices and determine omens
from an inspection of the entrails of the victims. See
magicians.
SOPHIST (Gr. sophistes), a teacher of wisdom, philosophy
and argumentation, of the art of thinking and speaking.
SORCERER (veneficus), originally a brewer of poisons or
magic potions. See magician.
SPECIAL AGENT. See confidential agent.
SPECIAL GRANT OF IMPERIAL FAVOR (beneficium), a grant
made by the Emperor: I. for equitable reasons, in order
to remedy the injustices that sometimes arose from the
strict operation of the law; 2. for personal reasons, in
order to favor the friends and supporters of the Emperor. Powerful men and pressure groups were often
able to obtain such special grants of favor. See constitution.
SPECIAL INVESTIGATOR (speculator), a subordinate of the
provincial governor who was sent to gather information,
to execute commands, and to make reports. He held the
same position in relation to his superior as the secret
service did to the Emperor.
SPECTACLE (ludus, spectaculum). See show.
SPONSOR (assertor), the legal representative of a person
claimed as slave in a case in which the person so claimed
attempts to prove his right to freedom. Since slaves had
no legal standing, they were not allowed to represent
themselves or anyone else in court. The sponsor assumed
responsibility for the case, and in the event of its failure,
he was compelled to recompense the owner of the slave
by the payment of adequate damages. If the assertor won
SOOTHSAYER
Glossary
the case, his opponent was compelled to pay to him another slave of equal value.
STABLEMASTER (stabularius,strator) ; the original function
of this minor official was expanded in the provinces to
include other duties, such as the guarding of prisoners
and the inspection of horses that were presented as payment of the tax payable in horses for the army and for
the support of the public post.
STAGE, PERSON OF THE (Gr. scaenicus, Gr. thymelicus), a
member of the guild (q.v.) on which was incumbent the
compulsory public service of providing theatrical entertainment for the people. They were of ignoble status
(q.v.) and they often sought to escape. See show, compulsory public services.
STANDARD, IMPERIAL (laba? labarum?), a Roman military
standard of the later Empire, richly ornamented with
gold and precious stones, and bearing the effigy of the
Emperor. Constantine the Great placed upon it a cross,
a crown, an the initial Greek letters of the name, Jesus
Christ, and made it the imperial standard.
STATE AUCTION (hasta, spear), so named because spears
were stuck in the ground at the site of the auction, as a
symbol of the supreme authority of the State.
STATEMENT, WRITTEN (periculum), an unusual meaning of
this word, denoting the written memorandum of a judicial sentence. This statement must be prepared and read
by the judge as the valid pronouncement of his sentence. An oral pronouncement, not read from a written
document, was invalid.
STATUS (status, condicio), the position of a person with
ref erence to his legal rights, which depend upon f reedom,
citizenship, and position in a family. Slaves had no
rights, though they were protected from the excessive
brutality of their masters. There were definite limitations
on the rights of freedmen, foreigners, minors, women,
and the subordinate members of the family. Only the
head of a family had full legal independence, and his
rights were strictly limited if he was a member of the
lower classes ( humiliores), since the upper classes (honestiores) had many special rights and privileges. Condicio
regularly indicates a low legal status, or an ignoble status,
the status of a person subject to torture in judicial investigations. Status was hereditary and could not ordinarily be changed. Only by becoming a soldier or cleric
(qq.vv.) could a man of the lower classes escape from his
status.
STATUS, OF IGNOBLE (condicionalis), of such status or condition as to be subject to torture in judicial investigations.
Slaves and citizens of the lower classes (plebs, q.v.) were
regularly of ignoble status, and certain subordinate State
officials were made condicionales, especially those who
were in charge of financial matters, such as the civil accountants, military accountants, assistant military accountants, and others.
STATUS, OF IGNOBLE BIRTH (originalis, originarius),usually
denotes a colonus (q.v.), but might be used of other persons of low degree.
STEWARD (Gr. oeconomus), the overseer (actor) of church
property.
STEWARD, PALACE. See palace steward.
STOREHOUSE (horreum), either a public or private building
for storing supplies, especially grain. Most of the storehouses mentioned in CTh were erected by the State for
the storage of State supplies, especially tax payments,
most of which were collected in kind. Hence there was a

large number of State storehouses, situated all over the
Empire.
SUBSCRIPTION (subscriptio), the notation of the date and
place of issuance of an imperial constitution (q.v.). It
was regularly written at the end of the constitution; hence
its name.
SUBSISTENCE ALLOWANCE (annona), I. a unit of supplies
in food, clothing, and other necessary materials that was
paid to officials and members of the imperial service as
salary or wages. A single unit was the amount that was
considered sufficient for the needs of one man for one
year, and this sum was paid to the members of the lowest grade of the service. Members of the higher ranks
obtained multiples of such subsistence allowances in a
graduated scale of salaries. They also obtained multiples
of units of provender (q.v.) for feeding their horses and
other beasts of burden. Such subsistence allowances were
often commuted by the State into money payments at
the current market prices. In 445 the commutation value
of one subsistence allowance was four solidi (q.v.). For
the amount of the various salaries, see the index, s.v.
subsistence allowances; 2. tax payments in kind; 3. the
bread ration in the municipalities, that is, the dole f or the
populace.
SUBURBICARIAN DISTRICTS (suburbicariaeregiones), central
and southern Italy, as being under direct control of the
City of Rome. The northern boundary of these districts
was formed by the rivers Rubicon and Magra (Macra).
SUI JURIS, legally independent (q.v.).
SUPERINDICTION (superindictio), an additional tax that was
levied when the regular tax levy (indictio, q.v.) was
found inadequate. Superindictions became increasingly
common.
SUPERINTENDENT OF THE PUBLIC GAMES (Gr. agonotheta),
a judge of the contests that were exhibited at the public

games.
SUPERNUMERARIES
(accrescentes), persons not on an ac-
tive list but who could be called to fill the places left
vacant by death or otherwise.
SUPERVISOR OF THE GAMES (Gr. alytarcha), an official who
presented a public spectacle at his own expense and as a
compulsory public service (q.v.), and who presided
thereat.
SUPERVISOR OF THE PUBLIC POST (manceps, manceps cursus
publici), a minor official who was directly in charge of
the operation of the post service, as a compulsory public
service (q.v.). See public post.

SUPPLEMENTARY POSTHORSE (Gr. parhippus). See supplementary postwagon.
SUPPLEMENTARY POSTWAGON (parangaria), a wagon of
the public post in excess of the number ordinarily used
by a specified official for a specified purpose.
SUPPLICATION, PRAYER (supplicatio, preces), the technical
term for a petition to the Emperor, since he was considered divine.
SWINE COLLECTOR (porcinarius,suarius), a member of the
guild (q.v.)
on which was incumbent the compulsory
public service of collecting swine, for the purpose of supplying meat to the cities and especially to the people of
Rome and Constantinople. This meat was primarily for
the dole to the populace. See cattle collectors, sheep and
goat collectors.
[ 595 ]
Glossary
T
TABLES, TWELVE. See Twelve Tables, laws of the.
TASCODROGITAE. See heretics: Tascodrogitae.
TAX ACCOUNTANT (Gr. logographus), one of the
bookkeeping officials in the tax departments in the municipalities. They were closely connected with the public registrars (q.v.).
TAX ADJUSTER, TAX EQUALIZER (aequator, exaequator, per-
aequator, an equalizer), one of a group of officials, usually from the Senatorial class, who had charge of adjusting inequalities and inequities in the tax assessment,
either by regular revision of the tax lists or by repartition
of the land for tax assessment. Such adjustments were
most frequently made on the petition of the taxpayer.
TAX ASSESSMENT (ascriptio, census, descriptio). The Emperor issued each year a proclamation or indiction which
indicated the general tax rate. Copies of this indiction
were made by the bureaus of the praetorian prefects and
issued to the separate provinces, where they were posted.
Then the assessments were made, regularly by the decurions, who were usually entrusted with most of the duties
of tax assessment and collection.
TAX ASSESSOR (censitor, censualis). The appraiser (censitor) measured the assessable land and established its tax
rate. The censualis was a bureau clerk who helped to
prepare the tax rolls under the direction of the master of
tax assessments (magister census, q.v.).
See taxes.
(compulsor, exactor, opinator), one of the
group of officials who compelled the payment of taxes
that were not voluntarily delivered to a tax receiver (sus-
TAXATION (tributum, annona).

TAX COLLECTOR
ceptor, q.v.).
(opinator), a soldier who was

sent into the provinces to compel the payment of taxes
in kind that were needed as supplies for the soldiers and
their animals.
TAX EQUALIZER. See tax adjuster.
TAX COLLECTOR, MILITARY
(tributum, aurum coronarium, aurum oblaticium,

denarismus, siliqua, venalicium, capitatio, jugatio, follis,
glebalis, lustralis collatio, portoria, vectigalia). The later
TAXES
Empire devised an elaborate and oppressive system of

taxation. On account of the depreciation of the value of
money and in order to insure adequate supplies for the
army and the city populations, the Emperors adopted an
elaborate system of tax payments in kind of farm products (annona, q.v.). All over the Empire, great storehouses (horrea, q.v.) were built, to which farmers were
compelled to haul their produce, at great personal inconvenience and expense, and often for long distances, at
the arbitrary discretion of the tax officials. In addition
to tax payments in kind, the State collected money taxes,
such as the lustral tax, crown gold, offertory gold, the
decargyrum, the Senatorial land tax, the follis, recruit
taxes, customs duties, and sales taxes (qq.vv.). In the
widest sense, taxes included the requisition of supplies
and the conscription of labor for compulsory public
services (q.v.). Since the imperial treasury was usually
on the verge of bankruptcy during this period, the Emperors thought to save money thus, but the losses that
resulted from the consequent disruption of normal economic life far outweighed any apparent advantages to
the treasury. In addition to the extremely heavy burden
of taxes as officially assessed, the tax load was enormously increased by the corruption and avarice of the
bureaucracy, who succeeded in enriching themselves at

the expense of the taxpayers and of the imperial treasury. The tax collection offices devised innumerable ways
to impose various harmful and even ruinous regulations
on individual taxpayers, regulations which they were always willing to relax for a price. As a consequence, the
taxpayers often paid more in bribes than in taxes that
found their way into the imperial treasury. If a taxpayer objected to the injustices, he was usually thrown
into prison and severely punished by the corrupt officials
who acted in collusion with each other at his expense. See
land tax unit, capitation tax.
DELINQUENT (reliqua), were subject to heavy
TAXES,
penalties but were remitted when they were found to be

uncollectible. See taxes, remission of.
TAXES IN KIND (annona), the usual medium of tax payment for farm lands, though some taxes on farm lands
were regularly payable in money. Most other taxes, such
as the taxes assessed on tradesmen and on other occupational groups were also payable in money.
TAXES ON SALES, SALES TAXES (venalicium, siliqua) a tax
on all merchandise that was sold. In 445 it was one siliqua
(q.v.) for each solidus (q.v.) of the price, half to be

paid by the seller and half by the buyer.
TAXES, REMISSION OF (indulgentia), was an act of imperial
grace, when it was found that taxes had so accumulated
that the taxpayers were unable to bear the burden, were
defaulting everywhere, and were fleeing to the desert, to
the barbarians, to any and every place where they might
find life more endurable. When faced with this condition, the Emperors regularly remitted part or all of the
delinquent tax payments for a given period.
TAX EXEMPTION (immunitas), often granted by the Emperor as a special mark of imperial favor, either to certain specified persons or to entire groups whom the Emperor considered worthy.
TAX FARMER (publicanus), a professional tax collector who
bid for the privilege of performing this function. The
tax farmers made their profit by amounts collected in
excess of the taxes assessed.
TAX INSPECTOR (inspector), an official who inspected the
taxable land, separated the fertile and infertile lands, and
determined the tax rate for each landholding. He served
as a check upon the tax assessor (censitor, q.v.).
TAX INVESTIGATOR (discussor), an official sent on special
occasions to examine and revise tax rates on individual
possessions, to determine the equity of a tax levy, and
in some cases to assist in the collection of delinquent
taxes.
TAX RECEIPT (Gr. apocha, securitas), a receipt issued to a
taxpayer when he delivered his tax payment. Such receipts were sometimes illegally issued or withheld by corrupt officials.
TAX RECEIVER (susceptor),
one of a group of officials whose
duty it was to receive the taxes which were delivered
voluntarily by the taxpayer, without the use of compulsion. See tax collector.
TAX WARRANT (delegatio, delegatoriae litterae), a warrant
that was issued to tax collectors, authorizing them to compel taxpayers to deliver their tax payments.
TEAMSTER (bastagarius, agaso). See packanimal driver.
TEMPORARY POSSESSION (momentaria possessio, MOmen-
tum), or interim possession, the possession of property
in dispute that is granted to one of the litigants until the
[ 596 1
Glossary
case can be adjudicated. Some scholars think that mo-
gundians. It was superseded by the codification of Jus-
mentum and momentariapossessio mean immediate pos-
tinian, 529-534, who based his Code on it and on the
session.
TENOR, an exact copy of a written instrument, as of a law,
a transcript.
TERM OF SERVICE (stipendium), usually a period of one
year, either as a municipal magistrate or as a member of
the imperial service, from the lowest to the highest
grades.
Gregorian and Hermogenian Codes. There is no complete manuscript of the Theodosian Code and much of
the material has been lost, especially of the first five
books, of which about one third remains.
THEODOSIAN NOVELS. See Novels.
TOLL COLLECTOR (Gr. telonarius), a collector of imposts.
TORCHBEARER (Gr. lampadarius), one of the staff of men
who bore torches before high officials in official or otherwise solemn parades or processions.
TORTURE (quaestio, tormenta), regularly employed on witnesses who were of the lower classes (humiliores) and
thus of ignoble status. Members of the higher classes
(honestiores) were exempt except when accused of high
TESTIMONIAL LETTER
(testilnonialis, testimnoniales litterae),
a letter of the Emperor, or a certificate of privilege,

whereby a rank or honor was conferred upon a person at
the completion of his imperial service. Such letters were
frequently obtained by fraud.
THEODOSIAN CODE (Codex Theodosianus), the first official
codification of Roman law after the Twelve Tables
(q.v.). It was compiled by a group of jurists and politicians, mostly Greeks, who were appointed by Theodosius II, was issued in 438, and went into effect on January I, 439. It contains the imperial legislation from the
time of Constantine in 312 to the time of its completion
in 437. It was supplemented by the Gregorian and Hermogenian Codes (qq.vv.) for the legislation of the earlier
period. The first commission for this task was appointed
in 429, and a second commission, with slightly different
instructions, in 435. These codification commissions condensed much of the material of the long and diffuse
constitutions of the period from 312 to 437, in accordance with their instructions to retain only the essential
law; and the condensed forms of the laws of the Code
are usually in marked contrast with the unmodified constitutions that are preserved in the Novels (q.v.). The
work of the codification commissions was hastily and
imperfectly done. Unfortunately they omitted many important constitutions that are known from other sources,
and much of the Code is incoherent and confused, but to
the great good fortune of students of the later Roman
Empire, the commissions did not always fully condense
the matter that they found in the imperial constitutions so
as to retain only the essential law. In addition to the legal
matter proper of the imperial legislation, the commissions
retained much non-legal matter also, which was subsidiary
to the law and in which the Emperors portrayed the difficult conditions of the times and the reasons for their
proposed remedies. Hence the Theodosian Code contains
a vast amount of invaluable source material for the social, economic, political, military, and cultural conditions
of the times, and it gives an unparalleled picture of the
gradual but inevitable disintegration of the political and
social structure of the later Roman Empire, the collapse
of ancient civilization, and the beginning of full fledged
medievalism. The idea of such a codification was probably
suggested by such private compilations as the Gregorian
and Hermogenian Codes (q.v.), and the immediate inspiration for the work was probably due to the Empress
Eudocia, a very learned and brilliant woman, of Greek
birth, education, and tradition, rather than to Theodosius,
who was weak, unimaginative, and ineffectual. The Code
covers all branches of both public and private law, including administrative, fiscal, military, ecclesiastical, civil, and
criminal law. It has exerted an enormous influence on
the codes of the various barbarian conquerors of the western part of the Roman Empire, especially on the codes of
the Visigoths, Ostrogoths, Franks, Lombards, and Bur-
treason (n,'jestas,q.v.).
(eculeus), an instrument of torture com-
TORTURE HORSE
monly used to extract evidence from slaves and members

of the lower classes and as a punishment for crime. The
victim was seated upon a wooden horse, perhaps equipped
with sharp spikes, and then was racked by means of
pulleys and ropes.
TRANSPORTER OF WOOD
(Gr. dendrophorus), a member of
the guild (q.v.) upon which was incumbent the compulsory public service of transporting wood, especially wood
that was used as building material.
TREASON, HIGH (majestas), any attempt or plot against the
life or security of the Emperor. It was considered the
most heinous of crimes and was punishable by death
and the confiscation of property.
TREASURER (arcarius), one of the accounting officials and
cashiers of the imperial treasury (q.v.). They were under
the count of the privy purse.
TREASURY (aerarium), at this period the same as the fisc
(q.v.), although the aerariumand fisc were of different
historic origin. The treasury was composed of a number
of funds, of different historic origins, and each under a
special administrative setup, though all these funds were
the absolute property of the Emperor and under his direct control. The general name for the whole aggregate
of funds was thus fisc or treasury, which was divided
into the following specialized funds: I. the sacred imperial largesses; 2. the privy purse; 3. the imperial patrimony, sometimes called the imperial household domain;
4. the chest (qq.vv.). The term fisc or treasury might be
used when referring to the whole of these funds or to
any one of them. The original military treasury (aerarium
militare) at Rome was replaced during the early Empire
by the fisc which administered the public imperial revenues as distinguished from the private patrimony (patrimonium privatum), the personal estate of the Emperor.
As the private patrimony increased rapidly through confiscations, it was placed under the administration of the
privy purse (res privata), and for a time the fisc and the
privy purse were the two great treasuries of the Empire.
Later the fisc, as previously known, was supplanted by
the sacred imperial largesses (sacrae largitiones), a department which originated as a treasury for funds to provide the largesses donated to the soldiers by the Emperors and which extended its functions until it became
the central treasury of the Empire. From it were paid
all the expenses of the State except the personal expenses
of the Emperors, which were paid out of the privy purse,
and the maintenance of the civil service and the army,
E 597 1
Glossary
which was provided from the chests (arcae) of the praetorian prefects.
TREMIS (tremis), one third of a solidus (q.v.).
TRIAL JUDGE (cognitor, disceptator), a judge as he exists
in a solely judicial capacity. See judge (judex).
TRIBUNE OF AMUSEMENTS (tribunus voluptatum), a supervisor of the games and other spectacles that were presented at public expense to the populace in the cities.
TRIBUNE OF A CAVALRY SQUADRON (tribunus vezillationis).
See tribune, military.
TRIBUNE OF THE CITY GUARDS (tribunus urbanicius,tribunus
vigilum), the officer in command of the City guards
(q.v.), probably superior to the prefect of the City guards
(q.v.).
TRIBUNE OF THE COHORTS (tribunus cohortum). See tribune, military.
TRIBUNE, MILITARY (tribunus, tribunus militaris, tribunus
militum) : I. commander of a cohort, of which there were
six in a legion; 2. commander of a service unit (numerus,
q.v.); 3. the title of a subordinate officer, especially the
commander of a cavalry squadron.
TRIBUNE AND IMPERIAL SECRETARY (tribunus et notarius),
one of the staff of the imperial private secretaries, often
sent on special missions by the Emperor and the consistory. See imperial secretary.
TRIBUNE AND MASTER OF OFFICES (tribunus et magister officiorum), in the time of Constantine, this was the highest
rank. The master of offices (q.v.) had also the duty of
reporting necessary matters to the Emperor.
TRIBUNE OF THE SCHOLARIANS (tribunus scholarum), commandant of the scholarian troops (q.v.).
TRIBUNE OF THE SERVICE UNITS. See tribune, military.
TRIBUNE OF THE SOLDIERS. See tribune, military.
TRIBUTE (tributum), a general term for taxes (q.v.), both
capitation taxes, and taxes on land.
TUTOR (tutor), the legal guardian of a person under the age
of puberty. See minor.
TWELVE TABLES, LAWS OF THE, issued in 451-449 B.C., the
earliest collection and crude codification of Roman law,
though it lacks many of the elements of a systematic code,
since many branches of private law seem to be wanting
in it. It is called by the Roman historian Livy "the f ountain of all public and private law." The later Romans
greatly reverenced the Twelve Tables, on which they
founded much of their formal education and which the
Roman schoolboys learned by heart. It had an enormous
influence on later Roman legal development and it is
always mentioned with the most profound respect by the
later Roman jurists and legislators. The text of the
Twelve Tables has been lost and fragments of it exist
only in quotations of later authors, such as Cicero, Festus,
Gellius, and the Roman jurists.
TYRANT (Gr. tyrannus), any person who contended unsuccessfully for the imperial power.
U
a famous jurisconsult, murdered by the praetorian
guard in 228.
UNAUTHORIZED MANAGEMENT (negotiorum gestio), the
voluntary management of the business affairs of an absent or an incompetent person. If done in good faith it
created a legally enforceable obligation for the recovery
of the expenses that were incurred. If incompetently
ULPIAN,
done, the person who undertook such management was

liable for any damages that resulted.
UNDERSECRETARY (subscribendarius), one of the minor apparitors of the office staffs of commissary officers in
charge of military supplies (q.v.). The undersecretaries
subscribed to the orders and the receipts for the issuance
of supplies to the soldiers.
URBICARIAN DISTRICTS (urbicariaeregiones). The same as
suburbicarian districts (q.v.).
USHER (admissionalis), one of the subordinate court officials whose duty consisted in introducing the persons who
were to have an audience with the Emperor. They were
organized into decuries, each with its chief, and all were
under the master of admissions (q.v.).
V
VALENTINIANS. See heretics: Valentinians.
VETERAN (veteranus), a member of the imperial
service,
either military or civil, who had received an honorable
discharge and had retired as emeritus (q.v.) at the completion of his legally prescribed period of service. Many
special privileges were conferred on such veterans.
VICAR (vicarius), an official who served as the deputy or
representative of a praetorian prefect and who was in
charge of a diocese. He was an intermediate official between the governor of a province and the praetorian prefect. See also vicar of Italy, and vicar of the City of
Rome.
VICAR OF THE CITY OF ROME (vicarius urbis Romae), one
of the two vicars of the Italian diocese, whose district
comprised all Italy south of and including Tuscany and
Umbria, together with Sardinia, Corsica, and Sicily. See
vicar.
VICAR OF ITALY (vicarius Italiae), one of the two vicars of
the Italian diocese, whose district comprised northern
Italy and Raetia. See vicar.
VILLA (villa) : I. a farmhouse; 2. a landed estate, often containing one or more villages, under the control of a great
landholder (possessor, q.v.).
VINDICATE (vindicare), to claim and obtain anything by due
legal process; to claim definite pieces of property and to
recover them by due legal process.
VINDICATION (vindicatio), specific recovery by an action in
rem. See vindicate.
VISELLIAN LAW. See Law, Visellian.
W
(Pupillus). See minor, curator, tutor.
(Gr. gynaecearius), one of the members
of the guild (q.v.) on which was incumbent the compulsory public service of weaving garments for the needs
of the State. Special factories or weaving establishments
were maintained by the State for this purpose.
WEAVING ESTABLISHMENT, IMPERIAL (Gr. gynaeceum). See
weaver, imperial.
WEIGHER (ponderator), I. an official whose duty it was to
inspect those pieces of money that were paid to the State
as taxes; 2. an official in charge of weighing the grain as
it was delivered in the ports.
WEIGHTS, MASTER OF (Gr. zygostates) : I. an official whose
duty it was to settle any dispute that arose in regard to
the weight and value of money among private persons in
WARD
WEAVER, IMPERIAL
E 598 :
Glossary
daily commerce. There were several in each city. 2. the
weigher and appraiser of the grain to be exported at
Alexandria.
WIZARD (Per. magus), a practicer of magic. See magician.
WORKHOUSE (ergastulum), a prison or house of correction
for slaves, originally attached to private estates, but later
apparently maintained by the State also.
(cautio), a written
promise to pay a certain sum; often the equivalent of a
duebill.
WRITTEN DOCUMENT (chirographum).
WRITTEN ACKNOWLEDGMENT OF DEBT
ZYGOSTATES
(Gr. zygostates). See weights, master of.
E 599 1
ABBREVIATIONS
.
............
I.....
.............................................
Amm. Marc.: Ammianus Marcellinus, historian, wrote about 390.
Brev.: Breviary of Alaric II, issued in 506.

Burg. Germ.: Lex Burgundionum Germana, composed about 520.
Burg. Rom.: Lex Burgundionum Romana,

the Roman law of the Burgundians,
issued about 520.
CIL: Corpus of Latin inscriptions.
Const.: The constitution to the constitutionaries.
Consultatio: Consultatio veteris jurisconsulti, composed about 500.
CJ: Code of Justinian.

CTh: Theodosian Code.
D: Digest of Justinian.
Dessau: Dessau, Inscriptiones latinae selectae.
DS: Daremberg-Saglio, Dictionnaire des
antiquites.
Edict Theod.: Edict of Theoderic, issued
about 500.
G.: Gothofredus, Codex Theodosianus.

Grom.: Gromatici, writers on surveying,
who wrote about 500.
H.: Haenel, Codex Theodosianus.

HS: Heumann-Seckel, Handlexikon.
IG: Inscriptiones graecae.
Kr.: Krueger, Codex Theodosianus.
Lex Baiuvar.: Lex Baiuvariorum, Law of
the Bavarians, composed about 550.
........
....................
Lex Visigoth.: Lex Romana Visigothorum, the Roman law of the Visigoths,
the same as the Breviary of Alaric
(Brev.), q.v.
M.: Mommsen, Theodosianus.
MGH: Monumenta Germaniae historica.
Min. Sen.: Minutes of the Senate.
M.-M.: Mommsen-Meyer, Novels of the
Theodosian corpus (Corpus legum
novellarum Theodosii, etc.).
Not. Dig.: Notitia Dignitatum, Register of
Dignities, composed about 420.
Nov.: Novel, Novels.
Nov. Anth., NAnth: Novel of Anthemius.
Nov. Just., NJ: Novel of Justinian.
Nov. Maj., NMaj: Novel of Majorian.
Nov. Marc., NMarc: Novel of Marcian.
Nov. Sev., NSev: Novel of Severus.
Nov. Th., NTh: Novel of Theodosius II.
Nov. Val., NVal: Novel of Valentinian
III.
RE: Pauly-Wissowa, Realencyclopaedie
der altertumswissenschaft.
Schol. Sin.: Scholia Sinaitica, Sinaitic
Scholia, composed after 438, probably
at Beirut.
Sirm.: Sirmondian constitution.
Vat. Fr.: Vaticana Fragmenta, The Vatican Fragments, a Roman law treatise,
composed before 438.
[ 6oo J
BIBLIOGRAPHY
.
...
....
....
t*
a.....a....
Mm
....
MSES**
~....
St
THIS bibliography is selective and lists only the books that

are most important for a study of the Theodosian Code
and Novels. Further bibliographical information will be
found in the books here cited.
I.
a. THE
THEODOSIAN CODE
sis), id. Febr.
1517.
Beck, C. H., Jus civile antejustinianum, Berlin (Beck),

1815.
Cujacius, Jacobus, Codicis theodosiani libri xvi ... novellarum Theodosii, Valentiniani, Martiani, Majoriani,
Severi, libri v. Etc. Lyons (Guilelmus Rovillius), 1566.
Cujacius, Jacobus, Codicis theodosiani libri xvi ... Imperatorum Theodosii, Valentiniani, Majoriani, Leonis,
Severi et Anthemii novellae constitutiones. Etc. Paris
(Sebastianus Nivellius), 1586.
Cujacius, Jacobus. Other editions: Geneva, 1586; Lyons,
1593; Paris, 1607.
Gothofredus, Jacobus, Codex theodosianus cum perpetuiis commentariis, cura Antonii Marvillii, Lyons, 1665.
Gothofredus, Jacobus, Codex theodosianus cum perpetuiis commentariis, cura Antonii Marvillii, editio nova
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II.
*U
M ...
..... a ...
4.
...
aPU*~
zig (Barth), 1825-
b.
SIRMONDIAN CONSTITUTIONS
The first three of these constitutions were first published

by Cujacius in his edition of the Corpus juris antejustiniani, in 1566, q.v.
The whole collection was first published by:
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Since their publication by Sirmond, these constitutions
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c. NOVELS
OF THE THEODOSIAN CORPUS
The Novels have been included in all complete editions

of the Code. They have also been published separately.
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.............
sunt ipsorum principum auctoritate adjectae novellae,

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divi Valentiniani Aug., Martiani, Majoriani, Severi,
preterea Cai et Juli Pauli sententiis nunc primum
diligentissime excusa . . . ex vetustissimo archetypo,
Antwerp and Louvain (Theodorus Martinus Alusten-
U**U*.....S
M..
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PERIODICALS
Bulletino dell' istituto di diritto romano, Roma, 1888The jurist, Washington (Catholic University), 1941Nouvelle revue historique de droit francais et etranger,
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Revue historique de droit francais et etranger, Paris,
Zeitschrift der Savigny-Stiftung fuer rechtsgeschichte,

romanistische abteilung, Weimar, 1862Many articles devoted to Roman law appear in classical,
historical, and law journals, comprising a list too numerous to catalogue here.
1921-
[ 604 1
INDEX
Index
.....
U.....
................
...................................................................................................
abandoners of suits, 10, 13

abduction, 4, 8, 5; 5, 6, 3; 6, 30, 4; 9, 24, 1;
NTh I, I; 22, 2; see heirs, transfer of action

to. involving bishops, see bishops. on bound-
II, 9, I; 15, 7, 5
able-bodied beggars, 14, 18
aries, 2, I, 8; 2, 26; 4, 14, 1. involving

bureau officials, 6, 26, 15. involving chief
abrogation of laws, see repeal of laws

abrogation of unjust parts of law of Majorian,
tenants, 1o, 4, 3. involving church, see actions, ecclesiastical. for church property,
NSev i, i
absent owners, property of, 4, 22, I; 4, 22, 45; Sirm. 6; NVal 8, 1-2
absent persons, accusation of, II, 39, 9
accidental homicide, NVal i9
acclamation, public, I, 16, 6; 6, 9, 2. of army,
7, 20, 2; of Roman people, 8, 5, 32; of the
Senate, Min. Sen. 2; 3; 5-7
accomplices in crime, 7, I, 17; 7, 5, 2; 7, 18,
5-8; 7, 18, 12; 9, I, 19; 9, 2, I; 9, 3, I; 9,
5, I; 9, 14, 3; 9, 16, II; 9, 21, 2; 9, 21, 4;
9, 24, I; 9, 30, 5; 9, 32, I; 9, 35, 2; 9, 37,
4; lo, 2o, 18; II,39, 13; 12, I, 6; 16, 2, 31;
16, 5, 29; 16, 5, 63; 16, 8, I; 16, 8, ig; Sirm.
14; NTh 24, I
accountants, civil (numerarii), i, 7, 3; 6, io,
I; 6,35, II; 8, I; 8, 8, 4; 8, 15, 2-3; 8, 15, 5;
8, 15, 7; 12, I, 173; 12, 6, 7; NVal 2, 2;
NMaj 4, I. of the prefects, 8, 15, 5; NVal
2, 2. fiscal, 8, 5, 23
accountants, military, 7, 4, II; 7, 4, 13; 7, 4,
16; 7, 4, 24; 7, 4, 28; 8, 1; 8, 7, 21-22; 8,
8, 4;
I, 125;
assistant, 8, I, 3
12,
NMarc
2, I
forbidden, 5, 3, 1. civil, 1, 5, 4; 1, 7, 4; I,
12, I; I,12, 3; I, 15, 7; I, 16, 6-7; I, 16, 9;
I, 22, 3; 2, I, 2; 2,
9-10; 2,
4, 6;
26,
8, 9,
2,
I; 8, 15, 5; 9, I, I; 9, I, 6; 9, 7, 7; 9, 10,
20; 10, 4, 3; II,29,
5; 11, 30, 1-2; II,30, 5; II,30, 20; II, 30,
24; 11, 30, 55; II, 30, 6o; II, 36, 6; II,
36, ly; 13, 5, 7; 16, 2, 23; NVal 35, 1;
NMarc i, i. civil, coloni forbidden to in-
3; 9, 19, 2; 9, 19, 4; 9,
stitute, 5, 19. civil, persons defeated in,

9, 2o, I. on a claim, 4, II,2. involving
clerics, 16, 2, 14; 16, 2, 2o; 16, 2, 41; 16,
2, 45; 16, 2, 47; Sirm. 9; 15; NVal 23, I;
35, I; see also actions, ecclesiastical. for
collection of taxes, see tax collection. involving coloni, 10, 4, 3; II, 7, II; NVal
27, I; see also actions for recovery. of coparties, 2, 5, I; 2, 12, 2. criminal, see crimi-
nal actions. for debts, see debts. involving

decurials, 14, 1, 3. involving decurions, 6,
27, 16; 6, 35, 14; 9, 19, 1; 9, 21, I; 10, 10,
29 (?) ; II, 7, 2; 12, I, 23; 12, I, 164; 12,
I, 175; 12, I, 181;
accountants, tax (logographi), 8, 2; 8, 4, 8;
1,
5; 2, 30, I; 3, II, I; 4, 4, 2; 5, 19, I;
12, I, 190; 12, 19,
2-3;
NTh 7, 2; 7, 4; NVal 7, 1-3; NMaj 7, I;
8, 7, 6; 8, 7, II; II, 4. of the theater, 8, 7,
NMarc
21-22
volving dignitaries, i, 20, I; 6, 35, 9. divided, 2, 18, 3. on dowries, see dowries. ecclesiastical, 1, 27; 2, 4, 7; 5, 3, I;I I, 36, 2o;
II,39, 8; 16, 2, 23, et passim; 16, II, I;
Sirm. 1; 2; 3; 6; g; io; 14; 15, 16; NVal
accretion, accrual, 3, 5, 9; 5, 1, 4; 5, 13, 4;

14, 16, 3; NTh 2o, i; NMaj 6, I, 3; see
rights that accrue to parents

accusation, of an absent person, II, 39, 9criminal, see criminal accusation. false, see
calumny. and inscriptions, 9, I, see inscrip-
tion
accused persons, custody of, see custody. production and transfer of, 9, 2, see production
in court
Achaea, caducous property in, io, 8, 5. Senators in, 6, 4, 11
Achaeans, delegation of, II,7, 18. taxes of,
II,
I, 33
acolytes of clergy, 16, 2, 10

actions, see also cases; suits; trials. abandoners of, 10, 13; involving accountants, 8, I,
passim. adapted,
2, 32,
1. involving adults,
2, 4, I; Sirm. i. aedilician, 3, 4. annulment
of, see annulments. on antenuptial gifts, 3,

5, passim. on apostasy, 6, 7, passim. involving apparitors, 6, 35, 14; 8, 4, 15-16;
8, 4, 26; II, 36, U7; NTh 7, 2; 7, 4; NMarc
2, 1. involving attendants of sick, 6, 2, 42.
available to heirs, I, 2, 1o; 2, 19, passim;
2, 22, 1; 3, 13, 1; 4, IA, I; 4, 21, 1; 5, 1,
4; 8, 5, 6; II, 20, 6; II,36, 26; II,39, 12;
NoTE: The material of the Interpretations

is not included in the Index, because it is,
for the most part, the same as that of the
constitutions. Proper names that occur in
the inscriptions and subscriptions are not
included. For an index of all the Latin words
in the Code and Novels, see Gradenwitz,
0., Heidelberger Index zum Theodosianus,
Berlin, 1929.
2, I.
See actions for recovery. in-
17, I; 35, I; NMaj io, I; II, I. on exgifts, 2, Ig, 6; 2, 20, I; 2, 21, I;
cessive
15, 14, 9. for falsehood, II,39, 10. involv-
ing fisc, lo, I,passim, see fiscal actions. forbidden on Sundays, see Sundays. forbidden
to women,
2,
12, 5. on forcible entry and
seizure, see forcible entry and seizure. on

forgery, see forgery. on fraud, see fraud.
involving freedmen, 4, lo, passim; 9, 2o, I;
NVal 25, 1. involving freedom, see free-
dom. on gifts, see gifts. involving guardianships, 3, 17, 3-4. involving guildsmen, i, 6,
II; 12, 19, 2-3; 13, I, 16. involving heretics,
see heretics. on homicide, see homicide. involving imperial chief tenants, io, 26, 1-2.
involving imperial household, 4, 22, 3; 10,
4, 3; II, 30, 49; II, 30, 64; II, 36, 32; 12,
19, 2-3; NVal 27, 1. involving imperial
involving interim possession, see interim

possession. of Jews, see Jews. on a judgment, 2, 12, 7. involving judges ordinary,
1, 5, 10; 1, 7, 2; 1, 14, 2; 9, 1, 4; NVal 7,
2; 23, I; see also judges. loss of right of,
2, 9, 3; 2,
27,
I;
4, 22, 3; lo, 20, 10; NVal
8, z; 18, I. loss of, 2, i, 6; 2, 9, 3;

I;
4, 22, 2-3; 1o, 13, I;
11, 29, 6; II,
2, 14,
30, 16;
II, 30, 54; NMarc i, i. on marriage contracts, 3, 10, 1. involving members of imperial service, 2, I,2; 4, 14, 1; 4, 22, 4; 6,
27, 16; 6, 35, 9; 6, 35, 14; 8, 27, 21; NTh
7, 1-4; NVal 7, 3; 32, 1. military, see actions involving soldiers. minor, I, 29, 2; 2,
I, 8. involving minors, 2, 4, I; 2, 16, passim;
3, 17, I; 3, 30, 4; 3, 32, I; 4, 14, I; 4, 22,
2; 4, 22,6; 11, 9, 2; 13, II, 5; Sirm. I; NVal
35, 1. involving money, see actions, pecuniary. on morals, 3, 13, I; 9, 20, 1. between
mothers and sons, 2, 19, 2; 8, 13, 1. omis-
sion of impetration of, 2, 3. involving palatines, 6, 35, 9-10; 9, 35, 12; NVal 7, 3. involving partition of patrimony, 2, 24. involving patronage, 2, 29. pecuniary, 2, 27,
I; 2, 28, I; 2, 29, 1-2; 2, 31, I; 4, II,2;
9, I, I; NVal 35, I; NMarc i, i. pendency
of, 4, 5, I; 4, 8, 4; II, 3o, 6. personal, 4, II,
2; 4, 14, i; 8, 13, I; 12, II, I. involving
personal status, 4, 7, 3; see also freedom.

praetorian, 2, 31, I; 5, I, . involving praetors, 6, 4, 22; 6, 4, 34. involving prescrip-
tions, see prescriptions. private, see private

persons. between private persons and fisc,
see fisc; fiscal actions. involving privy purse,
see privy purse. involving property, ownerless and caducous, see property. involving
property claims, 2, 7, 3; 2, 14, I; 2, 26, passim; 2, 29, 2; 4, 14, I; 4, 19, I; 4, 21, I;
4, 22, passim; 5, 1,4; 9, 10, 3; 9, 20, I; 10,
8, 3; lo, 8, 5; 1o, 1o, passim; 10, 13, I;
I; II, 39, I;
11, 39, 12; 13, 5, 7; 13, 6, 6; 13, II, 16;
II, 20, 6; II, 24, 6; II, 37,
15, 14, 9;
15, 14, 14;
16, 1o, 24; NTh 17,
1-2; NVal 8, 1-2; 32, I; 35,
I; see also
property in suit. in provinces, 2, I, 4;
2, 16, 2; NMarc i, I; see also transmarine
provinces. for recovery, 2, 4, 5; 2, 29, 2;
3, 1, 4; 3, 5, passim; 3, 1o, I; 4, 6, 3; 4,
8, 5-6; 4, 18, 2; 4, 22, passim; 5, 7, 2;
5, 9, 1-2; 5, II, 12; 8, 15, 5-6; 9, 42, 22;
10, I,
13, II,
NVal
NMaj
I; 10, 17, I-2; II, 20, 4; 13, 6,

16; 15, 14, 9; 15, 14, 14; Sirm.
8, 1-2; 13, I; 14, I; 27, 1; 32,
6, I; NSev i, i; NAnth 3, I.
6;
16;
I;
for
recovery of dowry, 2, 21, 2, see dowry, res-
treasury, II, 30, 41.
toration of. for recovery of fugitive coloni
1.
dren, ungrateful; freedmen, ungrateful. on
inheritances, see inheritances. on inofficiosity, see dowries, gifts, testaments, inofficious.
(ae), 5, 17; 5, 18, I; 5, 23, I; 10, 12, 2; 10,

20, io; NVal 27, I; 31, I; 35, I, see coloni,
2; 2, 3; 2, 15,
impetration of, I, 22,

on ingratitude, see chil-
Numbers that are used without identification in this Index refer to passages in the
Theodosian Code, arranged according to
books, titles, and constitutions of the Code.
Thus, at the beginning of this Index, 1o, 13,
means:
see book ro, title 13. Similarly, 4,
8, 5, means: see book 4, title 8, constitution

5. Passages from the Minutes of the Senate,
the Constitutionaries, the Sirmondian Consti-
fugitive. for recovery of fugitive decurions,

6, 35, 12; 6, 35, 14; 12, 1, 52; 12, 1, 71; 12,
tutions, and the Novels are indicated by the
following abbreviations: Min. Sen.: Minutes
of the Senate; Const.:. The Constitutionaries; Sirm.: The Sirmondian Constitutions;
NAnth: Novels of Anthemius; NMaj: Novels of Majorian; NMarc: Novels of Marcian;
NSev: Novels of Severus; NTh: Novels
of Theodosius; NVal: Novels of Valentinian.
E 607 ]
Index
I, ino; 12, I, 164; 12, I, 172; 12, I, 175;
12, I, 181; 12, 9, 2; NTh 7, 4; NVal 27,
i; NMaj 7, 1. for recovery of fugitive
slaves, I, 29, 2; 2, I, 8; 7, 18, 9; 10, 10,
33; 10, 12, 1-2; 14, 7, ia; 14, 18, i; NVal
7, passim. appeals denied in cases of, ii,
35, i; see slaves, fugitive. for recovery of

interim possession, see interim possession.
for recovery of possession, 2, 18, 3; 4, 8,
adults, actions involving, 2, 4, I; Sirm. I.

guardians of, 3, 17, 3; 3, 30, 4; 3, 3o, 6;
4, 22, 2. inheritance of, 6, 4, 17. marriage
of, 3, 1o, I; 9, 8, I
adversary, in trial, i, 16, I; I, 22, 2; 2, 14, I;
4, 8, 5; 4, 22, 2; 9, 2, 6; II,30, 67; II,31,
3; II,31, 5-6; II, 31, 9; 11, 36, 7; NTh 7,
I; 7, 4; NVal 35, i; NMarc I, I
6; 4, 21, I; 4, 22, passim; 8, 15, 6; 9, lo, 3;

9, 19, 2; 9, 20, I; II, 36, 25; II, 37, 1; 11,
39, 12; 15, 14, 5; NVal 8, 1. reference of,
to the Emperors, see references. in rem, 4,

14, 1. renewal of, see renewals. secondary, 4,
21, i. involving secret service members, 2,
I, 3; 6, 35, 9. involving Senators, see Senators. involving shipmasters, 2, 17, 1 ; 13, 5,

7; 13, 5, 12; 13, 5, 35; 13, 6, io; 13, 9, passim.
involving shipwreck, 13, 9, passim. for slander, 16, 2, 41; Sirm. 15. involving slaves,
9, I, 14; 9, 10, 4; NVal 27, 1. involving
soldiers, 1, 5, 10; 1, 6, II; 1, 7, 4; I, 15, 7;
2, I, 2; 7, 20, 5; 8, 4, 28; 8, 5, 2; 9, 2, 2;
NTh 4, i; 7, 3-4; NMarc i, i; see also
court, military. involving tax investigators,

II,26, i.termination of 4, 18, 2. involving
testaments, see testaments. on theft, 2, I,8;
9, 20, I; 9, 27, I; 12, 6, II. time limits of,
see time limits. titles of powerful persons

used in, 2, 13, I; 2, 14. transfer of, to
powerful persons, 2, 13. transmission of, to
heirs, see heirs. that remain valid, 15, 14,

9 et passim. on trusts, 2, 4, 6. on tutorships, 2, 4, 6; 4, 5, I. under tyrants, 15, 14,
passim. on unauthorized management, 2, 4,
6. unfounded, 4, 18, I. on violence, 15, 14,
9; 16, 2, 31, see violence
actors and actresses, see stage
adapted actions, 2, 32, I
adjudgment, I, 5, 3; 3, 3, i; 4, 6, 2; 5, 14,
33; 7, 13, 7; 9, 14, 3; 9, 42, 23; 10, 7, 2;
10, 10, 34; 10, 17, I; II, 34, I; 12, 1, 78;
12, I, 143-144; 12, 16, i ; 13, 5, 36; 13, 6,
7; 13, II, 16; 15, I, 4; 16, 5, 57-58; NTh
22, 2; see also assignment
administration, of estate of minor, 2, 4, 1; 2,
16,
2;
9, 43, I; 13, 5, 7; NTh 14, i; see
minors. of tutors and curators, 3, 17, passim; 3, 30; see curators; tutors
administrative offices, decurions barred from,
6
12, I, 77; 12, I,129; 12, I,159-i 0; see also
decurions. petty, within the City, I, 31; 8,
4, 1o. privileges derived from, 6, 22, passim; 6, 26, 2; 6, 27, 13; 6, 35, passim; 8,
5, 44; 12, 1, 5; 12, 1, 36; 12, I,73; 12, 1,
75; 12, I, 155; 13, 3, 15-16; NTh 25, 1.
under tyrants, 15, 14, 11-12. use of, in obtaining imperial letters patent, 6, 22, passim; 12, I, 41; 12, 1, 52
administrator (governor), i, 15, 8; 1, 34, 2;
3, 6, 1; 3, HI, 1; 7, 8, lo; 8, 15, 5; 13, 11,
12; 16, 10, 21; NVal 6, 3. of imperial
property, I, 32, passim. property sold or
given to, 3, i, 1o; 8, 15; NVal 32. with
power of master, 8, 3. with title of consular
or of praeses, see governor
admission, of appeals, II, 30, passim; II, 36,
passim
admissions, master of, 6,
2,
23; II, 18, i. of-
fice of, 6, 35, 3; 6, 35, 7

adoptive son, 5, 1, 2
adoration, of the Emperor, 6, 8, I; 6, 13, i;
6, 23, i; 6, 24, 3-4; 7, I,7; 8, I,13; 8, 7,
4; 8, 7, 8-9; 8, 7, 16; 10, 22, 3; 12, 1, 70; 15,
4, I
adstipulation, 12, i, 177; NVal 8, 2
adulteration of money, 9, 22; ii, 6, 13; see
counterfeiting
adultery, accusation of, 3, 7, 2; 3, 16, 2; 9,
I; 9, 2, 5; 9, 38, passim; 9, 40, I; Sirm.

8; NMaj 9, 1. on Julian Law on, 9, 7; 9,
signed to, NVal 34. money entrusted to;

their sureties, NVal 12. privileges of Rome
granted to NVal 34, I
Agapius, tax equalizer, 13, II, 14
'9,4
age, of breadmakers, 14, 3, 5. of child in in-
36, i; II, 36, 4; 11, 36, 7. crime of, 3, 16,
advisers, confidential, 1, 34; see confidential

advisers
advocacy, perpetuation of, NTh io; NVal 2,
2-4. time limits of, see time limits
advocates, I, I, 5; 1, 29, 1; I, 29, 3; 2, 10,
passim; 6, 28, 4; 7, 8, lo; 8, 10, 2; 9, I,3;

II, 31, 9; 12, 1, 152; NVal 2, 2-4; 13, I;
32, 1. in Africa, NVal 2, 3; 13, 1. as civil
priests, 12, I,46.
of court of praetorian
prefect, 6, 2, 26; 8, 4, 30; 12, i, 188; NTh

10, 1-2; NVal 32, 1. of court of prefect
of City, 6, 2, 26; 8, 4, 30; 12, i, 188; NTh

10, 2; NVal 32, 1. decurions as, see decurions. disbarment of, 2, 10, 4. errors of, 2,
ii. exemptions and privileges of, 12, I, 77;
12, 1, 98; 12, I, 189; NTh io, 1-2; NVal
2, 2-4; 13, I; 32, I. extortion by, 1, 29, 5;
2, 10, 3-4; 8, 1o. of the fisc, 5, 15, 5; 8, o,
1; 8, 15, 5; 0o,8, 5; 10, 10, 3; 1o, To, 32;
10, 15; 11, 30, 41; NTh 1o, i. functions of,
2, 10, 5; 9, 2, 3; 12, I, 46; 16, 2, 38; NVal
2, 2-4. Jews as, 16, 8, 24; Sirm. 6. as
municipal defenders, I, 29, 1. penalties of,
2, I, 9; 2, 1o, 3-4; NVal 35, i. of prefect
of City guards, 2, 1o, 2; in provincial
courts, NTh io,i; NVal 2, 2; 32, 1. quotas
of, 2, To, i; NTh 1o, 1-2; NVal 2, 3; 32,
i.
regulation of, NVal 2, 2; 32, I; 35,
1.
role of, 2, 10, 5
aedilician actions, 3, 4
Aemilia, appeals in, II, 30, 27
Aetius, Consul, 432, 437, 446, Min. Sen. 5.
patrician, NVal 9, I; 36, I
Aetna, landholders of, NVal I, 2
affinity, kinship by, 3, 5, 5; 3, 7, i; 3, 14, 1;
9, 40, 18; 9, 42, 15; 16, 2, 20; 16, 2, 28;
NTh 22, 2, 15
Africa, advocates in, NVal 2, 3; 13, 1. actions
and appeals in, NVal 13, I; 35,
1. aid to
indigents in, II, 27, 2; NVal 2, 3; 12, 1.
architects in, 13, 4,
1. bishops harassed in,
Sirm. 14. civil priests in, 7, 13, 22; 12, 1,

145. clerics in, 16, 2, 15; 6, 2, 31; 16, 1I,
2. counts of, 1, 7, 3; 7, 4, 3; II, 17, 3; 6,
2, 31; Sirm. 14. decurions in, 12, I, 27.
delegations of, 12, 12, 1. deserters in, 7, 18,
17. heretics and pagans in, 16, 5, 52; 16,
10, 20. lands sold in, NVal 1, 3; nominations in 12, 5, . prefect of annona in, ii,
I, 13; II, 7, 8; 13, 5, 38. proconsul of, see

proconsul. quartering in, 7, 8, 1o; 7, 8, 12.
recruit tax in, 7, 13, 20; NVal 6, 3. ship-
heritance claims, 8, 18, 4; 8, i8, 8; NVal

35, I. of deaconesses, 16, 2, 27. of decurions, 12, I, 7; 12, I, 19-20; 12, i, 58.
discharge because of, 7, 20, 12; 12, I, 134.
of holy maidens, NMaj 6, i. legal, see legal

age. of litigants before bishops, Sirm. i;
3. of puberty, see puberty. pupillary, see
pupils. of quaestors and praetors, 6, 4, 1-2;
6, 4, 13; 6, 4, 17. of recruits, 7, 13, 1. of
soldiers, 7, I, 5; 7, 13, I; 7,
22, 2;
7, 22, 4.
of sons of breadmakers, 14, 3, 5. of sons of

decurions, 12, I, 7; of sons of soldiers, 12,
i, 18. of stability, 2, 17, 1. of students, 13,
4, I; 14, 9, I. of veterans, 12, I, 35
agency, see mandate, mandator
ages, legal, sequence of, 2, 17, I
agnates, consanguineous, see kinsmen

agnation, rights of, 2, 19, 1-2; 2, 22, I; 4,
4, 7; 5, I, I; 5, 1, 4; 5, 1, 7; 5, 3, i; 6, 24,
II; 9 42, 9; 16, 5, 9
agonothetic landholdings, NMarc 3, I
Agrippina, case of, 8, I, i
alabarchia, 4, 13, 9
Alaric, invasions of, NVal 32, I
alethinocrustae, 15, 7, Ti
Alexandria, Bishop of, 16, I, 2-3; 16, 2, 42-43.
churches of, II, 24, 6. decurions of, 12, I,
189-191. delegations in, 12, 12, 2; 16, 2,
42. fleet of, 13, 5, 7; 13, 5, 32. grain supply
of, 14, 26; primates of plebeians of, 14, 27
alienation, of maternal property, 8, i, passim;
NTh 14, I; see also property. of peculium,
by coloni, 5, Ig; of property by benefit of

legal age, 2, 17, I. of property of clergy,
12, I, 49; NVal 3, i; see clerics, estates of;
surrender of property by. of property of
decurions, 12, 3; NMaj 7, i; see decurions.
of property of breadmakers, 14, 3, passim.
of property of inheritance, 3, 8, 2. of prop-
erty of minors, see minors. of property of

municipal council, 12, i, 6; 12, I, 49; 12,
ii, i, see municipal council. of property of
shipmasters, see shipmasters. of property
of widows, NMaj 6, i; NSev I, i

allies, federated, 7, 13, 16; NTh 24, I; NVal
9, I
alluvial lands, NTh 20
altars of churches, sanctuary at, 9, 45, 4-5
alum works, taxes from, NVal 13, I
Alypius, Count of Consistory, i, I, 6
Amasians, taxes of, 13, II, 2
Ambrosius, sentence of, NMaj 9, I
Amphilochius, Bishop of Iconium, 16,
1, 3
amphitheater, struck by lightning, 16, io, i

amusements, see banquets; chariot races;
chase of wild beasts; games; shows; spectacles. expenditures on, 6, 4, 5-6; 6, 4, Q3;
6, 4, 21-25; 6, 4, 29-33; 15, 5, passim; 15,
9. furnished by praetors, 6, 4, passim. pro-
duction of, 6, 4, passim; 12, I, 145; 15, 4, I;

masters of, II, 28, 8; 13, 5, 10; 13, 5, 14;
15, 5, passim; 15, 9, I; 16, 10, 3; 16, o,
17. prohibited on Sundays and other holy
13, 6, io. soldiers in, 7, 4, 2-3; 7, 4, 33; II,
days, 2, 8, 2o; 2, 28, 23-25; 15, 5, 2; 15, 5,
5, 1. students from, 14, 9, i. tax collections
in, 1, 5, 12; I, 15, 14; 4, 13, 5; 8, 10, 4;
5. theatrical, see spectacles. tribune of, i,
19
II, I, 13; II,i, 34; 11, 7, 8; II, 13, I; II,
6, 2; II,16, 9; II,28, 6; II,28, 8; 12, 6, Anastasius, constitutionary, Min. Sen. i; 7
Anatolius, Governor, ii, 1, 9. Master of
4; 12, 6, 9; 14, 15, 3; NVal i, i. tax on
abandoned land in, ii, i, 1o; II, i, 13; II,
Military Service, NTh 4, 1. priest, NMarc
.5, 1
I, 31-34; II, 6, 2. tax in horses in, II, 17,
Anicius Acilius Glabrio Faustus, Consul 438,
3. tax in recruits in, 7, 13, 20; NVal 6,
Praetorian Prefect 443, Min. Sen., 1; 3;
3. Theodosian Code in, Min. Sen. 7. vicar
of, see vicar
4; 6; 7
animals of public post, ii, I, 9; II, 1o, I;
Africans, farms of breadmakers to be as-
[ 6o8 ]
Index
see also posthorses. rations for, see pasturage; provender. stables for, 7, 8, 5; 7, 10,
I; 8, 5, 34; 15, 1, 16; 15, I, 35; 15,
I,
37.
tax payments in, see tax payments. wild,

in spectacles, 15, 5, 2. hunting of, 15, II
annona, I, 6, 5; 13, 5, 9; 13, 5, 14; 13, 5, 38;
14, 3, 15; 14, 16, 2; NVal io, I; 13, I; see
food rations; food supplies; subsistence allowances; taxes in kind. distributions of, I,
5, 5-6; I, 15, II; I, 32, 3; 7, 4; II, 14, 1.
prefect of, see prefect. provost of, 12, 5, 2.
tax lists subject to, 1o, 19, 15
annonarian account, see taxes, annonarian;

taxes in kind
annonarian office, see prefect of annona
annonarian taxes, see taxes
annotation, imperial, I, 2, I; I, 5, 3; 3, 8, I;
3, 10, I; 4, 14 I; 5, 14, 30; 6, 2, 26; 6, 27, 3-4;
6, 30, 12; 6, 30, 15; 6, 30, 18; 8, 4, 29;
8, 5, 14; 8, 5, 29; 9, 21, 10; 10, 8, I; 10, 10,
20; 10, 10, 27; lo, 16, 3; II, I, 37; II, 20,
6; II, 21, 3; 12, I, 135; 12, I, 137; 12, 1,
139; 14, 4, 8; 15, 1, 25; 15, 1, 41; 15, 3, 5;
15, 7, 13; 16, 5, 47; 16, 5, 52; NTh 5, 2;
6, I; 8, I; 17, 1-2; 24, I; NVal i9, I
annulment, of action, 4, 9, I; 5, 3, 1; 9, 7, 2;
9, 36, 2; 9, 37; 16, 5, 41. of penalties for
celibacy and childlessness, 8, 16
anonymous documents, 9, 34, passim
Anthemius, Emperor, NAnth 3, I
Antioch, armorers of, 7, 8, 8; 1o, 22, 1. baths

in, 12, I, 131. Bishop of, 16, i, 3. decurions
of, 12, I, 51. games in, 10, I, 12
property of citizens of, 7, 7, 3; 12, I, 169
Antiochus, Ex-Quaestor and Prefect, I, 1, 5.
Quaestor of Imperial Palace 429, Ex-Prefect and Consular 435, I, I, 5-6; NTh I,
I; 26, I
Antoninus Pius, 8, 12, 4; 9, 19, 4
Anysius, 10, 20, 18

Apamea, meadows of, 7, 7, 3
Apelles, jurist, I, I, 5
Aphrodisium, Bishop of, II, I, 37
Apollinarians, heretics, 16, 5,

33; 6, 5, 65
Apollodorus, case of, NVal 8,
Consistory, I,
1,
16, 5,
Count of
6; NTh I, I
apostates, 16, 7; Sirm. 4

apostles, of Jews, 16, 8, 14
apostolic doctrine, 6, I, 2; 16, 2, 27; 16, 6, 2
Apostolic See, NVal 17, I; NMaj II, I
Apotactites, heretics, 16, 5, 7; 16, 5, 11
apparitors (see also office staffs), actions
involving, see actions. of administrative offices in the City, I, 31, 2. of administrators
with power of master, 8, 3. of augustal
prefect, 8, 7, 21; 9, 40, 15; II, 5, 3; 12, I,
126; 13, II, 12. of the City guards, I, 6,
II. civil, 7, 20, 12; 8, 7, 16; 16, 2, 31;
Sirm. 14. collection of taxes by, I, 13, i;
I, 16, 5; 5, 15, 2o; 6, 3, 2; 7, 4, 26; 8, 3, I;
8, 8, passim; 8, 15, 5; II, 4, I; II, 7, 12;
II, 7, 14; II, 7, 16-17; II, 7, 21; II, 22,
4; II, 26, 2; 12, 6, 5; 12, 6, 7; 12, 6, 9; 14,
4, 3; NVal 13, I; 34, 1; 36, I; NMaj 2,
I; 7, I; NMarc 2, I. corruption of, I, 12,
2; I, 16, 7; 6, 4, 24; 8, 4, 22; 8, 7, 20;
8, 8, 9; 8, 1o; II, 4, I; II, 5, 4; IT, II,
I; 14, 4, 3; NMaj 2, I; see also bribery;
extortion; venality. of counts, 8, 4, 18. of

counts of Egypt, II, 24, 3. of counts of the
largesses, I, 15, 9; 6, 27, I; 6, 30, 13; 6, 30,
16; 6, 30, 18-19; 6, 30, 21; 6, 30, 24; 6, 35,
3; 6, 35, 7; 8, 7, 6. of count of the Orient,

I, 13, I; I, 15, II; 8, 7, 21; 9, 40, 15; 13,
II, 12. of count of privy purse, 6, 27, 1;
6, 30, 16; 6, 30, 21; 6, 30, 24; 6, 35, 7; 1o,

10, 14; lo, lo, 16;
ii, 7, 5;
I I, 36, 31; 12, I, 47; 12, I, 80; 12, I, 85;

12, i, 126; 12, I, 181; 12, 6, 18; 12, 6, 22;
12, 6, 29-30; 12, 6, 32; 12, II, 2; 13, i, 12;
13, 5, 16; 13, 5, 36-37; 13, 9, 6; 14, 3, 12;
14, 3, 17; 14, 3, 20-21; 14, 4, 6; 14, 6, 3;
14, 10, I; 14, 15, 6; 15, I, 28; 15, I, 43; 15,
17, 4; 9, 23, 1; 9, 40, 15; 10, 10, 20; II,

7, 14; II, 25, I; II, 26, 2; II, 30, passim;
12, 6, 2; 13, I, 12; 13, 5, x6; 13, 5, 37; 14,
2, 3; 15, 2, 9; 16, i, I; 16, 4, 4; 16, 5, 30;
3, 12; 14, 3, 21; 14, 4, 6; 14, 6, 3; 15, 1, 28;

15, 1, 41; 15, 2, I; 15, 2, 3; 16, I, I; 16, 2,
13; 14; 16; NTh 5, 2; 7, 2; 10, I; 17, I;

18, I; 19, I; 20, I; 24, 1; 26, I; NVal I, 3;
2, 2; 6, I; 16, i; 18, I; 27, I; 35, I; 36, I;
NMaj 2, I. plebeians as, 12, I, 133. of
praetorian prefects, I, 15, 1o-1I; I, 16, 5;
I, 29, I; 6, io, I; 6, 10, 3; 6, 29, 2; 6, 35,
14; 7, 4, II; 7, 4, 32; 8, i, 8; 8, 4, I; 8, 4,
31; 16, 5, 12; 16, 5, 40; 6, 5, 45-46; 16,

5, 50; 16, 10, 10-13; 16, io, 18; Sirm. 12;
14; 16; NVal 6, I; 13, I; 36, I; NMaj 4,
I; see also apparitors, penalties of. duties
of, in cases of appeal, II, 30, 4; II, 30, 8;

II, 30, 22; II, 30, 25; II, 30, 29; II, 30,
31-34; II, 30, 48; II, 30, 51; II, 30, 58-6o;
II, 30, 64-65; II, 36, 13; II,36, 16; II,36,
31. emoluments of, 8, 9. entry into secret

service of, 6, 27, 3. extortion by, 8, 1o; see
also apparitors, corruption of. of the fiscal
representative, 5, 15, 20-21; 8, 4, 7; 8, 7,
6; 1o, I, 2; io, 8, 2; II, 7, 5; II, 30, 33.
food rights of, 14, 17, 5. forbidden to purchase property or receive gifts, 8, 15, passim; 14, 3, 3. forum of, NTh 7, 2; 7, 4.
garb of, 14, 10, 1. of governor of Hellespontus, I, 12, 5. gubernatorial, I, io, 5; I,
lo, 8; I, II, I; I, 16, 3; I, 16, io; I, 20, I;
I, 29, I; 3, II, 1; 5, 7, 2; 5, 14, 33; 6, 3, 2;
4, 21; 6, 23, 3-4; 6, 26, 15-16; 6,

29, II; 6, 30, 4; 6, 31, I; 6, 35, 14; 7, i, 16;
6, 3, 4; 6,
7, 4, 21; 7, 4, 32; 7, 6, 2; 7, 8, 1o; 7, 13, 20;

7, 18, 8; 7, 20, 2; 7, 22, 6; 8, 4; 8, 5, 12;
8, 5, 16; 8, 5, 56-59; 8, 5, 66; 8, 7, 9; 8, 7,

12-13; 8, 8, 9; 9, 23, I; 9, 40, 15; 9, 42,
10, 24, 3; II, 5, 3; II, 7, 17; II, 9, 2;
ii, I; II, 16, 4; 11, 16, 11; 1I, 22, 4;
I, 79; 12, I, 83; 12, 1, 134; 12, I, 184;
6, 5; 12, 6, 32; 14, 4, 3; 15, 1, 41; 15, 11,
16, 2, 12; 16, 5, 12; 16, 5, 4o; I6, 5, 48;
II, 9, 2; 16,
7;
11,
16, 5, 40; 16, 5, 46; 16, 5, 54; i6, 6, 4; 16,

10, 10-13; 16, 1o, ig; 16, io, 24; Sirm. 12;
18; 8, 7, 4; 8, 7, 7-1o; 8, 7, 16; 8, 8, 4-6;

8, 8, 9; II, 22, 5; 12, I, 147; NTh 18, I;
20, I; 26, I; NVal 18, I; 22; 27, I; 28, I;
34, I; 36, I; NMaj 7, I. of prefect of annona, I, 6, 7; 13, 5, 38; 14, 3, 21-22; 14, 15,
4; 14, 17, 2-3. of prefect of City, I, 6, 7-8;
I, 10, 4; 6, 4, 13; 8, 7, 6-7; 8, 7, 16; 8, 7,
22; 8, 9, 2; 9, 17, 6; II, 14, 1-2; 13, 5, 38;
14,3, 22; 14, 4, 3; 14,
3; 15, 12, 2; 16, 5, 30;
fects, 8, 15, 5; 12, 1o;
I; NVal 2, 2; 22, I;
4, 6; 14, 6, 3; 15, 2,
NVal
16,
I. of pre-
12, 12, 12; NTh lo,

28, I; NMaj 2, I;
7, 1. privileges and emoluments of, 7, I,

7, 4, 35; 8, 5, 42; 8, 9; 11, 20, 6; 12, 6,
14, 17, 5; NMaj 7, 1. of proconsuls, I,
8; 8, 4, 8; 8, 4, 23-24; 8, 5, 34; 9, 19,
9, 40, 15; IT, 36, 13. of proconsul
6;
3;
12,
3;
of
Africa, I, 12, 4; 14, 3, 12. of proconsul of
Asia, 8, 7, 21. of procurators, II, 9, 2. of
provincial governors, see apparitors, gubernatorial. quotas of, 6, 30, 16; see also imperial service. as registrars, 12, 6, 2. regis-
12,
12,
2;
trars as, 8, 2, 1. right to appeal of, II, 36,

17. of secret service, 6, 28, I; 6, 28, 3; 6,
28, 8; NVal 8, I; 28, 1. sons of, 7, 22; 8,
16,
4, 28; see children. sons of soldiers and

veterans not to be, 7, 22, 6-12. sons of
65; 16, 6, 4; 6, io, io; 16, lo,

13; 6, 1o, 24; Sirm. 16; NTh 3, I; 7, 2;
7, 4; 10, i; 15, 2; NVal I, 3; 2, 2; 13, I;
27, 1; 36, 1; NMaj 2, I; 7, 1; NMarc 2, 1.
heretical, NTh 3, 1. of imperial bureaus,
5, 61; 16,
12-14;
1-2.
5, 50. decurions not to be, see decurions.

of dukes, 7, 4, 30; 7, 16, 3; 7, 17, I; 8, i,
16; 8, 5, 57; 8, 5, 66; II, 25, i; 15, II, 1-2;
NTh 24, 1. duties and liabilities of, I, 22,
I; I, 27, I; 3, 30, 6; 8, 4, passim; 8, 7,
passim; 8, 8, 2; 8, 8, 4; 8, 9, I; 9, 9, 1; 9,
5,
6, 35, 2; 6, 35, 7; NVal 27, i; see also bureau clerks. of legates, I, 12, 6; of masters
of the horse and foot, 8, 3, I; 8, 7, 4; 12,
6, 6. of masters, privileges of, 8, 3. of

master of soldiers, I, 7, 4; 7, 17, I; NTh 7,
4; 24, 1. military, i, 6, Ir; I, 14, I; 16, 2,
31; Sirm. 14. of municipal defenders, ii,
5, 3. of municipal largesses, 6, 35, 3; 8, 3,
registrars, etc. not to be, 8, 2, I. specially
privileged, 8, 4, 5; 8, 4, 7. of the treasuries,

8, 7, 14; 8, 7, 23; NVal 27, 1. urban, ii,
14, I. of the various offices, 8, 7; 8, 8, 2;
8, 8, 6-7; of vicars, I, 12, 5-6; I, 15, 10-I;
I, 16, 5; 6, 29, 2; 8, 5, 38; 8, 5, 61; 8, 7, 6;
8, 7, 16; 8, 7, 21; 9, 40, 15; II, 30, 29; II,
30, 33; 13, II, 12. of vicar of Africa, I,
12, 6; I, 15, 5; 11, 30, 33; .of vicar of Asia,
1, 15, 13
appeals, admission of, see admission. from

agreements, 2, 9, 3. of apparitors, II, 36, 17.
I. of municipal magistrates, Sirm. 14. not
from augustal prefect, II, 30, 57. by bar-
to be delivered to municipal council, 8, 7, 6;

12, I, io8. not to enter imperial service, 6,
barians, II, 30, 62. from bishops, I, 27, 2;

II, 36, 20. in Bithynia, etc., I, 6, I; I, 6, io.
30, 16; 8, 4, passim; 8, 7, passim. apparitors
in cases of adultery, see adultery. in cases

referred to Emperor, II, 29, passim. and
ordinary, 8, 4, I6; 8, 15, 3. of palace steward, 6, 32; 6, 35, 7. palatine, see palatine
office. penalties and liabilities of, 1, 6, 9;
I, 15, 16; I, 32, 2; 2, I, 6; 2, 1, 8; 5, 14, 33;
5, 15, 20; 6, 4, 22; 6, lo, 1; 6, 18, I; 6, 23, 3;
complaints, II, 30, 12. from condemnations,

II, 30, 38. from counts, II, 30, 16; II, 30,
28; II, 30, 30; II, 30, 57. to count of privy
purse, II, 30, 45. in criminal cases, 9, lo, I;
6, 26, 5; 6, 26, 16; 6, 28, 4; 6, 30, io; 6, 31,

I; 6, 35, 8; 6, 35, 10; 7, 4, 13; 7, 4,21; 7, 4,
30; 7, 4, 32; 7, 6, 2; 7, 7, 3; 7, 8, 1o; 7 To,
I; 7, 17, I; 7, 18, 1; 7, I8, 4; 8, i, 16; 8, 4,
9, 21, 2; 9, 40, 15-16; II, 30, 2; II, 30, 20;

II, 30, 24; II, 30, 57; II, 30, 6o-61; II, 36,
I;
II, 36, 4; II, 36, 14; II, 36, 18. death
during pendency of, II, 35. delays by means
15; 8, 4, 26; 8, 5, 40; 8, 5, 57-60; 8, 5, 62;
of, II, 36, passim. denial of, II, 30, II; II,
8, 5, 66; 8, II, I-4; 9, I, 15; 9, 3, 6-7; 9, 17,
30, 16;
6; 9, 40, 8; 9, 40, 15-16; 9, 42, 7; 9, 42, II;

10, I, 2; 1o, I, 16; 10, 3, 6; 1o, 1o, 2o;
o,
20, 13; II,7, 3; II, 7, 5; II, 7, 16; II, 7, 21;
II, 30, 51; II, 30, 58-60; II, 30, 67. to the
Emperor, I, 5, 4; NTh 13, I; see also refer-
11, 16, 4; 11, 16, 7-8; 11, 06, 11; 11, 16, 17;
II, 16, 20; II, 22, 5; II, 28, 3; II, 29, 5;
II,36, 25. from executions, II, 30, 14; II,

30, 25; II, 30, 39; II, 36, 2-3; II, 36, II;
II, 3o, 8; II, 30, 22; II, 30, 25; II, 30, 29;
II, 30, 31-34; II, 30, 48; II, 30, 51; II, 30,
58-60; II, 3o, 64-65; II, 36, 13; II, 36, 16;
II, 36, 15-16; II, 36, 18; Ir, 36, 25; II,36,
30. in fiscal cases, II, 30, passim; II, 36,
passim. from fiscal representatives, ii, 3o,
II,
30, 22; II, 30, 25; II, 30, 30;
ences of cases. from enforcement officers,
E 6o9 ]
Index
18; II,30, 28; IT, 30, 45; II, 30, 49; II,
30, 68; II, 36, a9.frustrative, II,36, passim. from governors, I, 5, 1-3; i, 16, i; II,
30, 22; II, 3o, 63; NTh 7, 3-4; NVal 13, 1;
NMarc I, I. to governors, 2, 6, 2; 4, 6, 3;
7, 4, 21; II, 31, 3. from grants of interim
1o, 22,
passim; II, 16, 15; Ii, 16, 18;

NVal 1o, I. use of forbidden, 15, 15, 1. in
possession, II, 37. from interlocutory de-
churches, 9, 45, 4-5; see also weapons

army, see cavalry; deserters; field army;
legions; military; recruits; shock troops;
soldiers
arrangements, count of, see counts
cisions, see interlocutory decisions.
laws
Arsaces, King of Armenia, II,I, I
regulating, II,
I, I.
Arsacius, Bishop, 16, 4, 6
30, et seq.; NMarc
made before judge ascended tribunal (planaria interpellatio), 13, 9, 6. against nominations, II,30, lO; II, 30, 12; II, 30, 19;
II, 30, 53; II, 31, 8. notification of, II,30,
67. omission of, 4, 17, I; 9, 1O, 3; II, 30,
17; II, 34, 1-2. omitted because of fear of
judges, II, 34. oral, II, 30, 7; II, 30, 40.
and the penalties thereof, II, 30. petitions
for, II, 30, 2; II, 30, 4; II, 30, 7; II, 30, 22;
II,30, 29; II, 30, 56; II, 30, 58; II, 36, 6.
from petty judges, II,31, 3. from praetors,

3, 32, 2. from praetorian prefects, II, 30,
16; II, 30, 58; NTh 13, 1. to praetorian
prefects, I, 5, passim; II, 30, 16; II, 30,
27; I, 30, 57. from prefect of City, II,30,
23; II, 30, 30; NVal 35, 1. to prefect of
City, I, 5, 8; i, 6, 1-3; i, 6, 'O; 3, 32, 2;
II, 30, 18; II, 30, 49; II, 3o, 61; II, 36,
20; NVal 13, I; 35, 1. from proconsuls,
II, 30, 5; II, 30, 16; II, 30, 30; II, 30, 57;
II, 34, 2. to proconsuls, II, 30, 3; II, 30,
21; II, 30, 62; II, 30, 68; II, 36, 3. renewals of, ii, 3o, 63-64; II, 31. report of,
II, 30, passim. right of, I, 5, 4; 2, i, 6; 4,
17, 1; 9, 21, 2; 9, 24, I; 9, 40, 16; II, 29,
1-2; II, 30, passim; II, 36, 7; 11, 36, 33;
NMarc I, I. from special point, forbidden,

II, 36, i; II, 36, 3; II,36, 23; II, 36, 25.
from suspect judge, II, 30, 58; NVal 35, 1.
from tax investigator, II, 30, 45; II, 36, z9.
against testaments, IT, 36, 26. that are not
to be accepted, 4, 16, I; 9, 1o, I; 9, 24, I;
II, 30, passim; II, 36. time limits of, see
time limits. transfer of possession in case
of two, II, 38. unfounded, io, i, 6. from
vicars, i, 6, 2-3; II, 30, 16; II, 30, 29-30;
II, 30, 57; II, 3o, 61; II, 34, 2. withdrawals of, II, 30, 48
Apulia, decurions in, 12, I, 158. taxes in, II,
28, 7. use of horses in, 9, 30, I
aqueducts,
15, 2.
construction and repair of,
6, 4, 29-30; 14, 6, 3; 15, 1, 23; 15, 1, 36;

NTh 23, i; NVal 5, 1. Theodosiac, 6, 4, 30
Aquilian stipulation, 2, 9, 2
arbitrators, in boundary disputes,
2,
in cases involving Jews, 2, I, TO.
26,
3-5.
of suits,
8, 18; 4, 5, I; 8, 8, 3; II,7, 13; II,30,

63; II,3o, 67; II, 31, 9
Arcadian praetor, 6, 4, 25
Arcadius, Emperor, Ii, 2o, 6; NVal 35, 1;
2,
NMarc 5, I
archdeacons, NMaj 7, I; II,I
architects, 13, 4, 1-3

Ardiniensis, 14, 17, 5
arena, penalty of, 9, 18, I; 9, 40,
2;
9, 40, 8;
9, 40, II; 15, 7, 7; 15, 12, 1-2; NTh 17, I

Arians, heretics, 16, 5, 6; 16, 5, 8; 16, 5, IT-
13; 6, 5, 16; 6, 5, 59-60; 16, 5, 65-66

Ariarathians, taxes of, 13, II,
12
Ariminum, Council of, 16, I,4; 6, 2, 15

Arles, Hilary, Bishop of, NVal 17, I
Armenia, farms of, NTh 5, 3.
king of, II,
I, I. Second, 13, II, 2. taxes of, 12, 6, 21;

13, II, 2
armorers, 1o, 22; 12, I, 81; 13, 4, 2. decurions not to be, 12, I, 37; 12, I, 81. exemptions of, 7, 8, 8. goods of, NTh 6
armory, 7, 8, 8; lO, 22. provost of, 7, 20, 10
arms, compulsory service in manufacture of,
Arsenius, Ex-Vicar, 6, 4, 15
arson, at Constantinople, 16, 2, 37; see fire

articles that are not to be used, 15, 15
artisans, decurions not to be, 12, I,37. elders
of, 14, 27, I. exemptions of, 13, 4. exemp-
tion from furnishing of, Ii,16, 15; II,16,

I8. guilds of, 12, i, 62; 13, 4; 14, 8, I; 14,
27, I. list of, 13, 4, 2. stewards of, 14, 27, I
arts, counts of the first order of the, 6, 20.
musical, 15, 7, 10. theatrical, 15, 6, 2; see
spectacles, theatrical. training in, 13, 3, 3;
13, 3, 17-18; 14, 9, 3; NTh 1, 3
Asclepiades, Bishop of Chersonesus, 9, 40, 24
Ascodrogians, NTh 3, I; see Tascodrogitae
Asia, diocese of, Bishop of, I6,
I,
3. farms in,
NTh 5, i. proconsul of, 8, 7, 21; 16, 5, 28.

taxes of, 7, 6, 3; 10, 19, 12. vicar of, I, 15,
13; 16, 6, 2
Asiarchs, 15, 9, 2
assemblies, illegal, 16, 2, 37; 16, 4, 4-5; 16, 5,
passim; 16, 6, 2; 16, 6, 6-7; see also
heretics
assembly, right of, 15, 13, I;
16,
1,
4; 16, 4,
passim; 16, 5, passim

assessment of taxes, see tax assessment
assessors, of administrators, 1,34; 8, 15, 5.
to Illustrious officials, 6, i, i; 7, 4, 35. of
taxes, see tax assessors

assignment of property, see cession of goods
assistant chiefs of office staffs, I, 1o, 8; 6, 27,
3; 8, i, 8; 8, i, 16; 8, 4,TO. of count of
largesses, I, lO, 7-8. of governors, I,IM, 7.
of imperial bodyguard, 4, TO, 3. of imperial secretaries, lo, lo, 21. of master of
offices, I, 9, i; 6, 27, 3; 6, 27, 20-21. of
Ausonius, Illustrious, NSev 2, I

author of a right, 4, 22, 5; 1O, 19, 15; II, 3, 5
II, 20, 6; 12, i, 107; 12, I, 123; 13, 5, 19;
13, 6, 8; NVal 35, I

authorization, for tax collection, 12, 8, I;
NVal 36, 1. of a tutor, see tutor
Auxiliaris, case of, NVal 8, 1-2
auxiliary soldiers, 7, 4, 22; 7, 13, I; 7, 13, 7
Auxonius, Consul 379, NMarc 3, i
Avellino, senate of, 12, I, 68
Axumites, tribe of, 12, 12, 2
bailment, see deposit; loan; mandate; pledge

banishment, see exile
bankrupts, taxes of, II,28, 3; see also cession of goods
banner carriers, 14, 7, 2
banquets, imperial, 6, 13, I. public, 16, 10, 17
Baonius, primate of swine collectors, NVal
36, i
baptism, profanation of, II, 39, II; 16, 7, 4.
repetition of forbidden, 16, 5, 5; 16, 5, 58;
16, 5, 65; 16, 6
barbarians, appeals by, i, 30, 62. art of
shipbuilding not to be taught to, 9, 40, 24.
border land granted to, 7, 15, 1. bureau of,
NTh 21, i. conspiracy with, 7, I, I;9, 14,
3; 9, 42, 22. delegations of, 12, 12, 5. freeborn persons not to be sold to, NVal 33.
incursions of, 5, 6, 2; 5, 7, 1-2; 7, 12, i;
7, 13, 2o; 10, 1O, 25; II, 28, 12; II, 31, 7;
12, I, 177; 15, 14, 14; Sirm. 16; NTh 4, I;
15, 2; NVal 1, 2; 2, 3; 6, 3; 9, I; 12, 1; 13,
I; 32, 1; 34, 1; 35, 1. invalidation of acts
effected under, 15, 14. marriages of, 3, 14,
I. plunder of, 5, 6, 2; 7, i, 1. prefects of,
II, 30, 62. slaves, see slaves

basilica, 15, I, 50
Bassus, Prefect of City, 5, 1, 2
baths, of City of Rome, maintenance of, II,

20,
3.
supervisors of, 14, 5. maintenance of,
12, I, 131; 13, 5, 13; 15,
1,
32; 15,
1,5o;
15, I, 52; 16, 1O, 2o.
not furnished to
counts and tribunes, 7, II. for prisoners,
palatine office, I, lo, 8; 6, 30, 16-17; 6, 30,
9, 3, 7. water for, 15, 2, 3
beans, tax payment of, I, 1O, 2
2o; 8, 8, 4. of prefect of City, 1, 6, 12
assistant masters, of bureaus, see bureaus. beasts, wild, chase of, 15, II
beggars, ablebodied, 14, 18
second, 6, 26, 16-17
Benagius, Assistant Master, 6, 26, 17
assistant military accountant, 8, i, 3
"benches," of land, 3, 1, 2
assistants, of municipal councils, 9, 2, 6. of
benefit of legal age, 2, 16, 2; 2, 17
prison registrar, 9, 3, 5
associates, in compulsory public services, II, betrothals, 3, 5-6; 3, 8, 1-2; 3, lO; 3, 16, 2;
16, 14; II, 23, i; NVal 1o, I. in petitions,
15, 14, 9; NTh 22, 2; NVal 35, i; NMaj
6, I; NSev I, I. by force, 3, 6, I; 3, 10, I;
1O, 14, 1-2. in taxes, see tax associates
associations, see guilds
3, II. gifts at time of, see gifts. kiss, see
kiss. to soldiers, 3, 5, 5
astrologers, crimes of, 9, 16; 6, 5, 62;
betrothed persons, 3, 5, passim
Sirm. 6
asylum, right of, see sanctuary
attendants of the sick, 16, 2, 42-43
attestation of suit, see suit; litiscontestation

Atticus, Consul 397, II, 24, 6
auctions, see State auctions
Audians, heretics, 16, 5, 65
audience hall, imperial, I, 5, 4; Ii,30, 3; IT,
30, 13; II, 30, 40; II, 30, 44; II, 30, 48;
II,30, 64; II,31, 3-5; II,31, 9; II, 36, 3;
12, 12, lo;
NVal
13
auditoriums, of professors, 6, 21, I; 13, 3, 6;
14, 9, 3; 15, 1, 53
augurs, 9, 6, 4; 9, 16, 6
Augusta, aqueduct, 15, 2, 8
Augusta Suitra, public works in, TO, 2, I
augustal praetor, 6, 4, 25
augustal prefect, see prefect
Augustamnica, governor of, I, 7, 2. taxes in,
I, 14, I
augustani, tertii, 4, 13, 3

aunts, maternal, 5,
1,
4. paternal, 3, 12, 3
biarch, I,9, I
bidding for land, 5, Ii, 9; 5, 15, 15; 5, 15, 18.

for pasturage, 7, 7, 1-2. for public buildings, 1o, 2, 1. for tax contracts, 4, 13,
passim
birth certificates, 14, 9, I
birthdays, imperial, 6, 4, To; 6, 4, 29-30; 6,
26, II; 6,26, 17; 6, 29, 6; 6, 30, 21; 15, 5, 2
birth status, see coloni; decurions; guildsmen; shipmasters. proof of, 7, 2, 1-2
bishops, actions involving, 16, 2, 12; 16, 2, 35;
16, 2, 41; 6,2, 47; 16, Ii, I; Sirm. I; 2;
3; 6; 14; 15; NVal 17, 1; 23, 1; 35, I;
NMaj Ii, I. of Alexandria, 16, I,2-3; 6,
2, 42-43; appeals from, I, 27, 2; II, 36, 20.
authority and functions of, I, 27, I; 4, 7, I;

9, 3, 7; 9, 16, 12; 9, 40, 16; 9, 40, 24;
9, 45, I; 9, 45, 4; II, 36, 2o; II, 36, 31;
12, 1, 49; 15, 7, I; 15, 8,2; 6, 2, 27; 16, 2,
32-33; 16, 2, 39; 16, 2, 42-43; 16, 2, 45; 16,
2, 47; 16, 5, 53; 6,1o, i; 6, II, I; Sirm.
[ 61o ]
Index
I; 2; 3; 6; 9; 12; 13; 14; 15; NTh 3, I;
NVal 17, I; 35, i; NMaj 7, i. churches,
and clerics, 16, 2. of Rome, II,16, 21;
NVal 17, 1. communion of, 6, I, 2-3; 16,
4, 6; 16, 6, 6. of Constantinople, 16, i, 3;
6, 2, 45. courts of, I, 27; 9, 45, 5; II, 36,
20; 16, 2, 12; 16, 2, 41; 6, 2, 45; 16, 2, 47;
16, II, i; Sirm. i; 2; 3; 6; 9; 15; NVal
17, I; 18, I; 35, i; NMaj ii, i. deposed,
16, 2, 35; 16, 6, i; Sirm. 2; 15. exemptions
and privileges of, II, I, 37; Ii, 16, 21; II,
39, 8; 12, 1, 49; 12, I, 163; 16, 2, passim;
Sirm. 13; NVal 35, 1. of heretical sects,
6, 5, passim; I6, 6, i; 16, 6, 7; Sirm. 6;

NVal 18, 1. judicial decisions of, I, 27; 9,
45, 5; Sirm. I; 3; 6; g; 15. See bishops,
courts of. ordination of, NVal 17; NMaj
ii, I. orthodox, 6, 1, 2-3; 6, 4, 6; 6, 5,
6; 6, 6, 6; et passim. outrage against, 16,

3, 31; Sirm. 14. penalties of, 16, 2, 27; 16,
2, 37; 16, 2, 41; Sirm. 2; NVal 23, I;
NMaj ii, i. property of, 5, 3,
I;
12,
1,
49;
NMaj 7, i. synod of, 6, 5, 66. testimony

of, II,39, 8; Sirm. I. as witnesses, 5, 9, 2;
Sirm. i
Bithynia, appeals in, i, 6, I; I, 6, io. decurions in, 12, I, iig. landholders in,
15,
3, 5
Boa, exile to island of, 16, 5, 53
boatmen, Tiber, 14, 21; NVal 29

boats, patrol, see river patrol. of
fishers, 1o, 20, 12
bodyguard, imperial, see imperial
Bolsena, chief decurions of, 12, I,
books of heresies and magic to
9, 06, 12; 16, 5, 34; 16, 5, 66
boots, not to be worn in City, 14,
19, I; 7, 20, 7; 9, 14, 2; 9, 30,:2-3; 9, 31, i;
9, 42, 22; 9, 42, 24; NVal 9, i

brigands, harborers of, 7, 18, 7; 9, 29. Isaurian, 9, 35, 7
bronze. See tax payments. ticket for food
rations, 14, 17, 5; 14, 26, 2
brothels, i, 8, i; NVal i8, i
brothers, of administrators, gifts to, 8, i5, 6.

emancipated, 5, i, 7. german, inheritance
rights of, 2, 19, I; 2, 19, 3, Int.; 16, 7, 2;
NMaj 6, 1. inheritance and succession of,
2, 19, 3; 3, 8, 2; 3, 12, 3; 4, 2, I; 4, 6, 2-3;
5, 1, 2; 5, I,4-5; 5, 1, 7-8; 7, 8, 16; 8, 18,
10; 9, 9, I; 9, 42, 9; 9,
42,
15;
12, I,
74;
16, 7, 2; 16, 7, 6; NVal 25, 1. right of to

accuse, 9, 7, 2. of secret service members,
6, 27, 8. uterine, inheritance rights of, 2,
bodyguard
61
be burned,
10,
private, 4, 24; 7,
2-3
24
17, I;
NTh 24, I
border strips, five-foot, see boundaries

boundaries, the regulation of, 2, I, 8; 2, 26;
4, 14, I
branding, of armorers, 10, 22, 4. of criminals,
bread, baking and transportation of, 7, 5,
passim. distribution of, 1, 6, 7; 7, 4, 4; 7,
14, 6, 2; 14, 17; see also
subsistence allowances. fiscal, 14, 19, 1.
step, 14, 17. tickets, 14, 17, 5; 14, 26, 2
4, 6; 14, 15, i;
breadmakers, barred from military service,

7, 13, 8. daughters of, 14, 3, 2; 14, 3,
14, 3, 21. distribution of food by, 14,
3-4. guild of, 13, 5, 2; 14, 3; 14, 15,
14, 15, 4. inheritance and succession of,
8,
2-3; 7,
8,
Sirm.
12.
15, I, 14;
3, 5; 15,
II,20, 3.
13; 10, 19, 14;
15, i, passim; 16, 5, passim; NMaj 4, 1.

of privy purse, io, 2. public, 4, 24; 9, 17, 2;
II,
6, i5; II, 16, 18; 15, I, passim; NTh
22, I; NMaj 4; see also public works. on
public land, 2, 23,
i;
15, I, 9.
of syna-
gogues, see s.v. of temples, see temples

burden of proof, see proof
bureaus, imperial, Min. Sen. 5; 7; I, I, 5-6;
i, 6, 3; 6, 22, 8; 6, 26; 6, 27, i; 6, 30, passim; 6, 35, 7; 6, 35, 14; 7, 4, 24; 7, 4, 35;
14;
17,
I;
see
inheritance and succession. not entitled to

rank of Most Perfect, 6, 38, I. patrons of,
see patrons. property of, 14, 3, passim;
NVal 34, 1. provost of, 7, 4, 28. rejected
as recruits, 7, 13, 8. as Senators, 14, 3, 4
breadmaking establishments, compulsory public service in, 7, 5, 1-2; II, 6,I;

II, 6,
18; 14, 3, passim; 14, 4, 9. endowment of,
14, 3, 7; 14, 3, 13. farms of, 14, 3, passim;
records of actions, 9, 6, 2; 1o, I, 3.
of
synagogues, 16, 8, 21. of tax accounts, 10,

I,3; II, 28, 2
Byzacium, apparitors in, 8, 7, 12. decurions
in,
12,
6, 23. land in, NVal 34,
1.
taxes in,
II, I, 29; II, 28, 13
caducity, caducous property, see property

Caecilianus, jurisdiction of, in Africa, 7, 4, 33
Caelicolists, heretics, 16, 5, 43; 16, 8; Sirm. 12
Caesarea, Bishop of, 16, I, 3. land in, NVal
34, I
Caesarians, 9, 42, I; 10, I, 5; 10, 7; io, 8, 2
Caesarius, Consul 397, II, 24, 6. Tribune and
Secretary, NVal 21, 2
Calabria, appeals in, II, 3o, 27. decurions in,
12, I, 158.
taxes in, II, 28, 7. use of
horses in, 9, 30, I
calumny, Min. Sen. 5; I,I, 3; 2, 14, I; 2, 27,
I; 4, 8, 9; 6, 23, 4; 6, 29, i; 6, 35, I; 9, I,
19; 9, 2, I; 9, 34, passim; 9, 37, 3; 9, 40, 18;
10, 4, 1; 10, lo, 2; 10, 10, 12; 10, 10, 30;
10, 10, 33; lo, 16, 3; lo, 18, 1-2; II, 5, 4;
12, 6, 12; 12, 19, 3; 13, II, I; 16, 9, 3;
Sirm. 15; NTh 4, i; NVal I, 3; 2, 2; 6, i;
7, I; 25, I; 27, 1; 35, i; NMaj i, i; NMarc
peditions
Campania, appeals in, II, 30, 27. aqueducts
in, 15, 2, 8. governor of, 9, 40, 12. taxes
in, II, 28, 2; II, 28, 7; II, 28, 12; 14, 4, 3;
15, 10, 2; NVal 36, i
camp followers, 7, I, 10
camp soldiers, 7, i, 18; 6, 5, 65
Campus Martius, 14, 14
canon, see tax, regular
canons, ecclesiastical, 16, 5, 45

capital punishment, see punishment
capitation tax, see tax
Capitol, gold tax
brought to,
teachers in, 14, 9, 3

capitularies, 6, 35, 3; II,
II,
i,
34.
16, 14
Cappadocia, estates of imperial household in,

6, 30, 2. Second, taxes in, 13, II, 2
7, 12, 2; 8, i,8; 8, 7, 21-23; 9, 19, 3; II, captives, 4, 8, 5; 5, 6, 2-3; Sirm. 16; NVal
33, i;
NMarc 5, i.
property of, 5, 7, 1-2
I, 13; II, IS, I; II, 20, 4; II, 30, 32; II,

30, 34; II, 30, 54; II, 30, 65; 12, 12, 10;
14, 9, 1; 16, 5, 29; NTh i, i; NVal 3, 1.
assistant masters of, I, 5, 8; 6, 2, 23; 6, 26;
6, 30, ig; 6, 30, 21; II, 18, i; NVal 35, 1.
of barbarians, NTh 21, I. clerks of, 6, 28,
i; 8, 1; 8, 7, 14; 11, 5, 3; NTh 5, 3; NVal
27, I (?). of correspondence, 6, 26, I; 6,
Carbonian Edict, 4, 3
Carpathian fleet, 13, 5, 52
carpenters, 13, I, 10; 13, 4, 2
carriages, four-wheeled, 6, 29, 2; 6, 29, 5.
two-horse, 14, 12, 1. two-wheeled, 6, 29, 2;
6, 29, 5; 8, 5, passim; 12, 12, 9
Carthage, civil priests at, 12, i, 145; 12, I,
26, 4; 6, 26, 7; 6, 26, 12; 6, 26, 16-17; 6,
176; 16, Io, 20. decurions of, 12, I, 7; 12,
35, i; 6, 35, 3; II, 16, 14. exemptions of
persons in, II, 16, 14. of the largesses, 6,
of soldiers, 10, 22, 4
5. of lime, see lime. penalty of, see fire. of
i, i; NAnth 3, I
ig, I; 9, 42, 9. of widows, NMaj 6, i
Bruttium, appeals in, II,30, 27. taxes in, II, camels, herds of, I, 15, 1I
28, 7; 14, 4, 4. use of horses in, 9, 30, I
campaigns, supplies for, 7, 4, 4-6; see exricans, II, I, 34; 12, I, 186
buildings, of heretics, 16, 5, passim;
monuments used in, 9, 17, passim;
NMaj 4, I. of municipalities, lo,
I, passim; NTh 22, I. taxes on,
border, patrolled by river craft, 7,
40, 2.
bribery, I, I6,3; i, 16, 6-7; 6, 4, io; 6, 14, 21

6, 18, I; 6, 22, i; 8, 1I, 4; 9, 27, 6; To, 19,
14; 12, 1, 86; 14, 10, 1; 14, 25, i; NVal i,
3; NMaj 2, I; see also venality
bridges, construction and repair of, II,10, 2;
iI, 16, 15; 11, 06, 18; 15, 1, 36; 15, 3, 6
brigandage, I, 29, 8; 7, I, I; 7, 18, 14-15; 7,
Bubulcus, Count and delegate of the Af-
border fortifications, 7, 15, 1-2; 7, 18, 13;

15, 1, 13
border fortress troops, 7, 14; 12, 19, 2
border lands, 7, 15. sale of, NTh 24, I
border militia, 7, 4, 15; 7, 4, 30; 8, 4, U7;
II, I, 21; 12, i, 56; NTh 24, I; NVal 9, I;
13, I. not to be produced at imperial court,
NTh 4. farms for the support of, 5, 12, 2;
NTh 5, 1-3; 24, I. parcels of land to be
9,
14, 17, 6
purple dye
Borborians, heretics, 16, 5, 65. See Borboritae

Borboritae, heretics, NTh 3, i. See Borborians
border farms, 5, 12, 2; NTh 5, 1-3
restored to, NTh
NVal 34, 1. as a penalty, 9, 40, 3; 9, 40,

5-7; 9, 40, 9; 14, 3, 20; 14, 3, 22; 14, 4, 9;
30, 7; 8, 8, 9; II, 28, 13. masters of, I, i,

5-6; 6, II; 6, 26, 2; II, 16, 14; II, 18, I;
NTh i, I; NVal ig, i. of memorials, i, i,
5; I, 8, 1-2; 6, 26, passim; 6, 35, 1-3; 8, 4,
21; II, 6, 14; NTh I, i; 17, 2. palatine,
6, 2, 13; 6, 35, 14; II,28, 13; NVal 7, 1.
of petitions, 6, 26, 1; 6, 26, 4; 6, 26, 7; 6,

26, 12; 6, 26, 16-17; 6, 35, 1; 6, 35, 3; ii,
16, 14; NTh i, I; 19, I. of praetorian prefect, i, 16, 3; 8, 8, 4; II,28, 13. of privy
purse, 8, 8, 9. of public records, 15, 14, 8.
of receipts, 6, 30, 3. of registrars, 10, 21,
18. of regular taxes, 10, 20, I3; 10, 20, 18.
second assistant master of, 6, 26, 16-17.
of secretaries, 6, 3o, 5; 10, 20, 18. secretaries of, 6, 26, 16; 6, 30, 22; NVal i9, i.
of secret service, NVal 3, I
burial of the dead, 9, 17, 5-7; NVal 23, I
burning of books, see books. of libels, 9, 34,
I, 27. grain supply of, 14, 25. port of,

NVal 9, 1. taxes of, I, 15, 10; ii, i, 32;
II,7, 20. weaving establishments of, 4, 6,
3; 11, 1, 24
cases, see also actions. of boundary disputes,
2, 26, passim; 4, 14, I. civil, see actions,
civil. criminal, see criminal actions. involving freedom, 4, 8; see freedom
catalogue, of artisans, 13, 4, 2. of titles in
bureaus, 6, 30, 7
catechumens, 16, 7, 2
Catholic Church, see Church. faith, 9, 16, 12;
6, i, et passim; Sirm. 6; 12; 14; NTh 3,
i;
NVal 3, i; see also Church
Catina, landholders of, NVal i, 2

cattle, collectors of, 14, 4; NVal 36. thieves,
2, I, 8; 9, 30, 1-3
Catullinus, obtains rights that accrue to parents of children, 8, 17, 4
cavalry recruit tax collector, 6, 35, 3

cavalry, service in, 7, 22, 2. soldiers, exemp-
[ 611 ]
Index
tions of, 7,
20, 4. squadrons, 7, 4, 22-23.

squadrons, estates of members of, 5, 6, i
celibacy, penalties for, annulled, 8, 16

cellar supplies, I, 22, 4; 7, 4, 32; i, 1, 6;
II,28, 9; II,28, 16; NMarc 2, I
Centenarii, 6, 1o, 20
centenarius, rank of, 8, 4, 3; 10, 20, I; 12, I,
5. in the Caesarians, 1o, 7, 1. in imperial

messengers, 6, 30, 8-9. in scholarians, NTh
21, 1. in secret service, 1,9, i; 6, 27, 7. in
tax collectors, 8, 1o, i; II, 7, I
centenionals, 9, 23, 1-2
centuries, of land, II, I,io; IT, 28, 13; NVal
34, I
centurion, i, 16, 7; 12, I, 156; 12, 15
certificates, of approval, imperial, 8, 7; see
also letters
Cesian tract of land, NAnth 3, i
cession of goods, 4, 20; io, 16, 4
Chaldeans, magic of, 9, 16, 4
chamberlain, grand, 6, 8; 7, 8, 3; 7, 8, z6;
9, 40, 17; II, 18, i.
imperial, 6, 27, 8;
6, 35, 3; 1o, 1o, 34; 11, 16, 15; 11, 18, 1

chancellor, of judge, I, 34; 6, 27, I
changing stations, of public post, 8, 5, 34; 8,
5, 36; 8, 5, 53; 8, 5, 58; 8, 5, 6o; II, I, 9;
NMaj 7, i. See also public post stations
charcoal, compulsory public service of supplying, II, 16, 15; II, 6, 18
charioteers, 9,
6,
II; 14, 3, 21; 15, 5, 3; 15,
7, 7; 15, 7, 12; NMaj 12

chariot horses, see horses. races, 15, 10, I
see games of circus
chase of wild beasts, 15, 5, 2; 15, H1
chastity, violation of, see rape; violation
Chersonesus, Bishop of, 9, 40, 24
chest, of Constantinople, NMarc 2, I. of
praetorian prefect, see praetorian prefect.
for public funds, 6, 4, 21; 7, 4, 19; 8, i, 12;
8, 8, 5; II,2o, 6; II,28, 6; II,28, g; II,
28, 16-17; 12, 6, 26; 12, 6, 29-30; 12, 9, 2;
12, II, 2; 14, 6, 3; 14, 16, i; NTh 17, 2;
NVal 1,3; 10, 1; 13, I; 34, I; 36, i; NMaj
NMarc 2, I
chief civil priest, see priest
chief decurions, see decurions
chiefs of office staffs, i, 6, 8; I, 33; 6, io;
2, I;
6, 27, 8; 6, 27, io; 6, 27, 13; 6, 27, 16; 6,

27, 20-21; 6, 28, 4; 6, 28, 6; 6, 28, 8; 6, 30,
6, 33, 1; 6, 35, 3; 8, 1, 1; 8, 1, 15;

8, 4; 8, 8, 2; 8, 8,4; 8, 8, 9; 8, 9,2; 8, 15,
3; 8, 15, 5; 9, 26, 2; 9, 26, 4; ii, ii, x; 12,
20-21;
I, 105. of accountants, 8, I, 8; of arms
factories, 1o, 22, 3. assistant, see assistant

chief. of bureaus, imperial, 6, 30, 3; 6, 30,
5; 6, 30, 14; 6, 30, i9; 6, 30, 24; 6, 34, I;
10, 20, 13. of count of imperial estates,
6, 30, 2. of governors, I, I6, 7; I, 29, 5;
I, 34, 3; 6, 26, 5; 12, I, 1o5. honorary, 6,
27, 16; 6, 27, 1g; 6, 28, 8. of imperial bodyguard and household guard, 6, 24, 7-I. of
imperial secretaries, 6, 10, 2-4; II, 18, 1;
NTh 25, 1. of largesses, 6, 30, 19; 6, 30, 21.
of palace guards, 6, 33, 1. of palatines, 6,

30, 14; 6, 30, Ig. of praetorian prefects, 1,
29, 3-4; 8, 8, 4; 8, 8, 9. of prefect of City,
14, 4, 10. of quartering officers, 6, 34, L
of scholarians, 6, 29, 6. of secret service,
6, 27, 5-6; 6, 27, 8; 6, 27, Q3; 6, 27, 19-22;
6, 28; 6, 29, 4; NVal 28. of vicars, I, 29,
3;
chief
18,
chief
chief
14, 4, To
physicians of imperial palace, 6, 6; ii,
x; 13, 3, passim
recruit tax collectors, see tax collectors
tenants (conductores, leaseholders), 2,
30, I; 2, 31, I; 5, 7, 2; 10, 3, 3-6; 10, 22, 5;

14, 3, 19; 16, 5, 21; 16, 5, 40; 16, 5, 52;
16, 5, 54; 16, 6, 4; Sirm. 16; NVal 6, 1-2;
NMaj 7, i. of emphyteutic estates, 5, 12.

of estates of imperial household, 1o, 26;
II, 16, 12; 16, 5, 54. of estates of privy
ternal power, see paternal power. of pa-
purse, i, II, I-2; 10, 4; 10, 5; II, 16, 5
plebeians, 9, 31, 1. posthumous, 9, 42, 10.

of professors and physicians, 13, 3, 2-3; 13,
chief of torchbearers, NVal 30, I

childlessness, penalties for, annulled, 8, 16
children, see also daughters; sons. of accused or proscribed and condemned per-
1,
sons, 9,
5; 9, 14, 3; 9, 42, passim; 9, 43, 1.

2, 19, 2; 8,
administrators, 3, 6, I; 8, 15, 6.
5, I, 2. of apostates, 16, 7, 2;
of apparitors, 6, 35, 14; 7, 22; 8,
4, 28; 8, 4, 30; 8, 7, 19; 12, I, 105;
actions between mothers and,

13, 1.
of
adoptive,
16, 7, 6.
4, 7-8; 8,
12, I, 184. of armorers, 1o, 22, 4; NTh 6, 1.
of artisans, 13, 4, 2. born during suit for
freedom, 4, 8, 4-5. of breadmakers, 14, 3,
2-5; 14, 3, 14; 14, 3, 21. of cattle collec-
tors, NVal 36, 1. of chiefs of office staff,

12, I, 105. of civil priests, 12, I, 166; 12, I,
174. of clerics, 12, 1, 49; 12, I, 123; 12, 2,
lo; 12, 2, 14; 12, 2, 27; 16, 2, 9; 16, 2,
Io-II;
16,
2, 14; 16,
coloni (ae), 5, 18, I;
2,
44; Sirm. xo. of
10, 20, 17; 12, 19,
i;
NVal 27, i; 31, i; 35, i; NMaj 7, 1. of

commissary officers, 7, 22, II; 8, 4, 8; 8, 4,
13; 12, 1, 79. of conspirators, 9, 14, 3. of
counts, 12, I, 14. of daughters of decurions, NTh 22, 2; NMaj 7, i. of deaconesses, 16, 2, 27. of decurions, 6, 35, 14; 7,
21, 3; 8, 4, 7-8; 9, 31, 1; 9, 42, 24; 12, 1,
passim; 13, 5, ig; NTh 22, 1-2; NVal 3,
I; 7, i; NMaj 7, I; see also sons. of di-
vorced parents, see divorce. emancipated,

see emancipation. exemptions because of,
12, i, 55; 12, 17; see also children, rights
accruing to parents of. exposed, 5, 9. of
fiscal representatives, 12, I, 14. forced to
service of Church by parents, NMaj 6, i;
Ii, i. of freedmen, 4, io; see freedmen;
freedwomen. gifts between parents and,
see gifts. gifts to, 3, 8, 2; 4, 6, passim; 8,
13, passim; 8, IS, 6; 8, i8, 6-7; 8, 19, I;
9, 42, I; 9, 42, 8; 14, 3, 3; NTh 22, 1-2;
NMaj 6, i; NSev i, i. of gladiators, 4, 6,
3; NMarc 4, 1. of governors, 12, I, 14.
guardianship of, see guardians. of guildsmen, 12, 19, I; 14, 7, I; NSev 2, I. of

heirs of swine collectors, 14, 4, 7. of heretics, 16, 5, 7; 16, 5, 40; 16, 6, 4. of household guards, 6, 24, 2; 6, 24, II. of imperial
weavers, 7, 14, 1. of incestuous marriages,
3, 12, passim. of indigent parents, 3, 3, I;
II, 27, 1-2; 12, U7. inheritance and succession of, 1, 34, 2; 2, 19, 2-5; 2, 21; 2, 22;
2, 24,
1-2;
3, 5, 2; 3,
8,
2-3; 3, 12, 3; 3, 13,
3; 3, 17, 4; 4, I, I; 4, 4, 2; 4, 6, 4; 5, i,
passim; 6, 24, I; 7, 8, 16; 8, 18, passim;
9, 9, I; 9, 14, 3; 9, 42, passim; II, 20, 4;
6, 2, 27; 16, 5, 7; 16, 5, 40; 16, 6, 4; 16,
6, 6; 16, 7, 2; 16, 7, 6; 16, 8, 28; NTh 14,
I;
6, I; 22, 1-2; NVal 3, I; 14, I; 25, I;
32, I; 34, I; 35, i; NMaj 6, i; NSev i, i;
NAnth i, i. of inquilinae, 12, Ig, I; NSev
2,
1. of Jews, 16, 8, 28. kidnapping of, 9,
18, 1. of landholders, 9, 31, 1. legitimacy

of, 3, 7, 3; 3, 10, I; 3, 12, 2-4; 4, 3, I; 4, 6;
4, 12, 3; 9, 9, I; 9, 24, 3; NTh 22, 1-2;
NMaj 6, i; NAnth I, i. of masters, 12, I,
98. of privy purse, 12, I, 14. of miners, o,
19, 15. of minters, 10, 20, 1o. natural, 4, 6;
NMarc 4, I; NAnth i, i. natural, of de-
curions, NTh 22, 1-2. newborn, purchase

and rearing of, 5, 9, I; 5, io. not to be
given to herdsmen to be reared, 9, 31. of
palatines, 6,
2,
26; 6, 35, i;
6, 35, 3. and
paternal and maternal property, 8, 18, passim; NTh 14, I;see property. under pa-
ternal uncles, 5, I, 1-2; 5, I, 7. of patrons,

2, 22, I; 4, io, passim; NVal 25, 1. of
3, 16-17; 13, 4, 4. of purple dye fishers, 10,

20, 15-17. recovery of mothers' dowry by,
2, 21, 2. of registrars, 8, 2, I; 12, I, 31. rev-
ocation of gifts to, 8, 13, passim.
rights
accruing to parents on account of, 5, i, 1;

5, I, 3; 5, 1, 7-8; 8, 7; 9, 42, 8-9; 15, 14, 9;
NVal 21, 1. sale of, 3, 3; 4, 8, 6; 5, 1o, i;
II, 27, 2; NVal 33, 1. of scribes, 8, 2, I;
12, I, 31. of secret service members, 6, 27,
8. of Senators, 4, 6, 3; 6, 2, 12(7) ; 6, 4,
17; 12, I, 74; 12, I, 122; 12, I, 187. of shipmasters, 13, 5, 7; 13, 5, 19; 13, 6, 6; NVal
29, 1. as slaves, 5, 9, I; see also children,
sale of. of slaves, 2, 25, I; NVal 27, 1. of
slave unions, 4, 6, 3; 4, 6, 7; 4, 8, 7; 4,
12,
passim; 9, 9, i; 12, r, 6; 12, ig, I; NVal

31, i; NMaj 7, 1; NMarc 4, i; NSev 2, i;
NAnth i, i. of soldiers, see s.v. status of,

4, 12, 3; 5,
i,
6; 7, 21, 3; see also father;
mother. of subsequent marriages, 3, 8, 2;

see marriages, subsequent. of swine collectors, 14, 4, 7; NVal 36, 1. transfer of
obligations to, 6, 4, 10. ungrateful, 2, 19, 2;
5, 1, 4; 8, 13, passim; 8, I4; 8, 18, I; 9, 14,
3; 16, 8, 28. of veterans, see veterans,
sons of. of widows, NMaj 6,
Chiliarchs, 16, 1o, 2o
Christianity, conversion to, of persons of

stage, 15, 7, I; 15, 7, 4; 15, 7, 8-9; 15, 7,
12. of Jews, see Jews
Christian faith (law), 2, 8, 20; 9, 45, 2; 15,
8, 1; 16, passim
Christian holidays, observance of, 15, 5, 5;
see also Easter; Sundays
Christian slaves, see slaves
Christians, aid of, in returning displaced persons and slaves, 3, I, 5; 5, 7, 2; Sirm. 16.
as civil priests, 12, I, 1I2. conversion of
to Judaism and heresies, 16, 5, passim; 16,

8, passim; see also heretics; Jews. marriage of, with Jews, 3, 7, 2; 9, 7, 5. not
to be sentenced to arena, 9, 40, 8. not to
be sued on Sundays, see Sundays
Chronopius, Ex-Bishop, II, 36, 20
Chullita, taxes of, NVal 13, I
Chuni, barbarian tribe, 5, 6, 3
Church, actions involving, see actions, ecclesiastical. bishops and clerics of 16, 2,
passim; NVal 17, I; 35, 1. defenders of,
see defenders. exemptions and privileges of,
II,
I,
I;
II,
I,
33; 11,
16,
15; 11,
16, 18;
TT, 16, 21-22; 15, 3, 6; 16, 2, passim; Sirm.
6; II; 12; NVal uo. gifts to, see gifts.

girls not to be forced to service in, NMaj
6, 1. inheritance by, 5, 3, I; 16, 2, 4; 16,
2, 27; NMaj io; NMarc 5, 1. not compelled to deliver property left to it by
testament, NMaj io. property of heretics
and pagans confiscated for, 16, 5, passim;
16, 1o, 20; Sirm. 12; NTh 3, I. service
in, to evade compulsory public services, 8,

4, 7; 9, 45, 3; 12,
1, 49-50;
I,123;
I, 63; 12, I, 104; 12,
12, I, 59; 12,

12, I,163; 12,
I, 172; 13, 1, 4-5; 14, 3, II; 14, 4, 8; 16,

2, passim; NVal 3, I; 7, 3; 13, i; 20, i;
1. to evade military service,
7, 20, 12. churches, of heretics, x6, I, 2;
16, 5, passim; NTh 3, . manumission in,
35, i; NMaj 7,
4, 7; 16, 6, 4. orthodox, 16, i, passim; 16,
4, 6; 16, 5, 6; 16, 5, 57; 16, 5, 65-66; 16,

6, 6. outrage against, 6, 2, 31; Sirm. Ii;
14.
property of, II, I, I; II, 24, 6; 16, 2,
passim; 16, 10, 20; Sirm.
612 ]
ii.
sanctuary
Index
of accused persons in, 9, 45; 16, 6, 4; Sirm.
13. stewards of, 5, 3, I; 9, 45, 3. structure
of, 9, 45, 4. transalpine, NVal 17, 1. in

villages or landholdings, 16, 2, 33. weapons
barred from, 9, 45, 4-5
Cilicia, governor of, 12, 6, 5
Cincian Law, 8, 12, 4
cincture of office, official cincture, i, 12, 4;
6, 30, 8-9; 6, 30, IS; 8, i, II; 8, 4, 16; 8,
4, 23; 8, 4, 29; 8, 8, 9; 9, 38, II; 10, 20,
14; 1o, 26, 1-2; II, 20, 4; 12, I, 147; 14,
1o, i; 16, 4, 4; 16, 8, 24; NTh 7, 2-4; 15,
2; 25, i; NVal 7, 3; 20, I; 36, I; NMaj
2, I; 7, 1. military, 2, io,6; 12, I, 181
circumcision, 16, 8, 26; 16, 9, 1-2; Sirm. 4

circus. See games. factions of, 15, 1o, 1-2
citations, law of, I, 4, 3
citations, legal, issuance of, 6, 28, 5. law
of, I, 4, 3. of laws in court, I, I,5; I, 4,
2-3; 2, 4, 4; 2, 7, I; 1o, 10, 20; II, 12, 3;
12, I, 1o; 16, 5, 16; NTh i, i; 2, i; 5, 2;
8, I; NAnth 3, I
cities, curators of, 15, 7, 1. heretics banished

from, 16, 5, passim; Sirm. 2; 6. municipal food rations in, 14, 17, passim. primates
of, 7, 18, 13. public works in, 15, I, passim; see public works
citizen, Roman, I, 32, I; 2, 22, I; 3, 30, 4; 4,
6, 3; 4, 7, I; 6, 37, 1; 7, 1, 1; 8, 13, 1; 9,
21, 2; 9, 24, I; 14, 17, 5; 16, I, 2; 16, o,
3; NTh 16, i; NVal 5, I; 9, 1; 25, I;
NMarc 4, I
Rome.
City, the, see also Constantinople;
amusements for, see amusements. burial

of dead in, 9, 17, 5-7. food rations in,
14, 17, passim. garb to be worn in, 14,
10. guards, i, 6, II; 1, IS; 2, 17, I.
guards, prefect of, 1, 18; 2, 17, 1. heretics
banished from, 16, 5, passim; NVal 18, i.
petty administrative offices within, i, 31.
prefect of; vicar of; walls of, see s.vv.
civil accountants. See accountants

civil actions. See actions
civil apparitors, 7, 20, 12; 8, 7, 16; 16,
2, 31;
tions and privileges of, 8, 5, 46; iI, 16, 22;

13, 1, 1 ; 13, 1, 11I; 13, 1, 16 ; 14, 4, 8; 16,
2, passim; 6, 8, 13; Sirm. 6; II; 13;
NVal 13, I; 35,
1.
freedmen as, 5, 3,
1.
gifts to, see gifts. guildsmen of Rome not

to be, Sirm. 9; NVal 2o; 35, 1.; NMaj 7,
i. of heretics, 16, 5, passim; 16, 6, i; 16,
6, 7. inheritance and succession of, 5, 3;

16,
5,
passim; NMarc
2,
military de-
i.
serters as, 7, 20, 12. monks ordained as,

9, 40, 16. not to be ordained against will,
NMaj ii. not to consort with extraneous
women, 16, 2, 20; 16, 2, 44; Sirm. 10. not
1.
to engage in trade, NVal 35,
not to in-
herit from extraneous women, 16, 2, 20;

16, 2, 27. outrage against, 16, 2, 31; Sirm.
14. of pagans, 16, 1o, 14; 16, 10, 20. palatines as, NVal 7, 3. penalties of, see actions. persons of low birth status not to
be, NVal 35, i.
property of, see clerics,
estates of. purchase of slaves by, 15, 8, 1.

release of prisoners by, 9, 40, 15-16. replacements for, 16, 2, 3; 16, 2, 6; 16, 2, 3233. slaves of, 4, 7, I; 15, 8, 1; 16, 2, 8. surrender of property by, 12, I,49; 12, i, 59;
12, I, 63; 12, 1, 99; 12, I, 104; 12, i, 114;
12, I, 121; 12, I, 123; 12, I, 163; 12, I, 172;
14, 4, 8; NVal 35, i; NMaj 7, 1. testaments in favor of, NMarc 5. testaments
of, 16, 2, passim. testimony of, II, 39, 10.
violation of tombs by, NVal 23, 1. wives
of, 16, 2, io; 16, 2, 14; 16, 2, 24; Sirm. 10
clerks of accounts, 8, 4, 8. of bureaus, see
bureaus. fiscal, 14, I, 1. tax assessment,
14, I, I
clients, i, 16, 6; NTh 1o, I
clothing, to be furnished assistant masters,

6, 26, IS. military, 7, 6; 7, 13, 7; 7, 13, 13;
7, 14, I; 8, 5, 33; 14, 10, 1. taxes payable
in, see tax payments. weavers of, see weavers. worn in the City, 14, 1o, passim; 15,
7, 11-12
clubbing, as punishment, see punishment

clubs, see guilds
Sirm. 14; see apparitors

civil judges, I, 20; 3, II, I; 8, 7, 16
civil law, 2, 16, 2; 2, 24, I; 4, 4, 7; 9, 42, 2;
9, 42, 9; 16, 2, 20; Sirm. I; NTh I, I;
coastal regions, confidential agents in, 6,
NVal 21, I
civil priests, see priests
Codia, case of, 8, 15, I

codicils, and testaments, 4, 4; 8, 18, 7; 9,
19, I; 16, 2, 27; 16, 5, 40; NMarc 5, I
claims, counter, 5, 7, i. denial of, 10, 1o, 27.

for freedom, 4, 8, passim; 6, 4, 16; 1o, 12,
2. for inheritances, 2, 22; see also petitions. written statement of, i, IM, to; 2,
14, I; 5, 6, 3; 5, 13, 4; 6, 29, 8; 8, 9, I;
9, 17, 2; II, 8, 3; 13, 9, 6
Claudian Aqueduct, i5, 2, 9
Claudian Decree of the Senate, 4, 12; 10, 20,
1o; 12, I, 179
Claudiopolis, decurions of, 12, I, 119
Clearchus, dignity of, 6, 12, I

clergy, see clerics
clerics, 16, 2, et passim; see also Church;
priests. actions involving, see actions. children of, see children. coloni as, 5, 3, 1;
NVal 13, 1. criminal charges against,

Sirm. i5; NVal 35, 1. decurions as, 5,
3, I; 9, 45, 3; 12, I, 49, 12, 1, 99; 12, I,
104; 12, I, 114; 12, I, 121; 12, 1, 123; 12,
I, 163; 12, I, 172; 13, 1, 4; 14, 3, II; 16,
2, 3; 16, 2, 6; 16, 2, 19; 16, 2, 39; Sirm.
9; NVal 3; NMaj 7, i. defense of accused persons by, 9, 40, 15-16; 9, 45, passim; II, 30, 57; II, 36, 31; Sirm. 13. de-
fense of captives by, Sirm. 6. estates of,

52 3; 8, 5, 46; 14, 4, 8; 16, 2, passim; Sirm.
9; II; NVal 35, i; NMaj 7, 1; see also

clerics, surrender of property by.
exemp-
io; 6,
29,
29, 12
Code, Gregorian and Hermogenian, I, I, 5.
Theodosian, see Theodosian Code
cognation, kinship by, 4, 4, 7; 5, 3, I; 9,

9, I; 9, 38, 6; 9, 42, 9; 16, 5, 40
cognitors, in litigation, 2, 12
cohabitation with slaves, see slaves
co-heirs, 4, 2, I
cohorts, military, 7, 12, I; 7, 20,
2; 7, 20, 10;
12, I, IO
collation of property, 4, 2,
I;
5,
1, 5;
9, 42, 8-9
collection of taxes, see tax collection

collectors, of purple dye fish, 9, 45, 3;
10, 20;
13, I, 9. of small taxes, II, 28, 3
collegium, see guild

collusion, 8,
5,
4; 9, 37, 1; 9, 42, 7; 9, 42, 20;
io, lo, 16; 1o, I5, 3; 11, 3,
2; 15, 1, 41. Of
apparitors, 6, 30, 17; 1o, 1o, 16; II,

64. of decurions, 12, I, ilo; 13, II,
16, 2, 39; Sirm. 9; NVal

representatives, 5, 15, 21.
5, 59; 8, II, 4; 11, 1, 34;
overseers and procurators,
20. of
parents, 9, 24, i;
30,
1o;
i, 1. of fiscal
of governors, 8,
. of
NVal I,
2, I, II; 9, 42,
NMaj ii, I. of
registrars, 13, 10, I. of tutors and curators,

4, 22, 2
colonae, children of, see children. fugitive,

5, IS, I. unions with, 5, 18, i; 1o, 20, 1o;
NVal 31, i; NMaj 7, i; NSev 2, I
coloni, of absentee owners, 4, 22, I; 13, II, 3.
as accountants, 8, I, 3. actions involving,

1o, 4, 3; see also actions for recovery.
alienation of property by, 5, ig, i. barbarian

beggars as, 14, 18,
captives as, 5, 6, 3.
by birth status, 4,
12,
1.
3; 5, IS, I; 10, 20, 10;

I; 31, I; 35, i; NMaj
II, I, 14; NVal 27,

7, i. birth status of,
10, 20, 1o; NVal 31,
5,
16, 34; 5,
17,
I;
1. children of, see

children. clerics as, 5, 3, 1. of condemned
persons, 9, 42, 7. of decurions, II,7, 2.
excluded from other services, NTh 7, 4;
NVal 13, 1; 35, 1. extortion of, 9, 27, 6-7.
fugitive, 4, 23, i; 5, 6, 3; 5, 17; 5, 18, i;
1o, 12, 2; II, I, 7; II, 24, I; NVal 31, I;
35, 1. in guilds, NSev 2, 1. hereditary obligations of, 5, 18, I; 10, 20, 17. See also
coloni by birth status. of heretics, 16, 5,
52; 16, 5, 54. imperial lands sold to, 5, 16,
34. and inquilini, 5, I8. legal rights of,
2, 30, I; 2, 31, 1; 5, 12, 3; 5, 19, 1; 12, 1,
33; 12, 19, 2; NVal 27, I. liable to taxation, II, 24, 6. not to be clerics, NVal 35,
I. not to be registrars, 8, 2, 5.
peculium
of, see peculium. penalties of, 5, 17, I; 7,

18, 8; 9, 21,
2;
iI,7, i; 12, I, 50; 16, 5,
16, 5, 54; NVal 6, i; 23, i; NMaj 7,

I. plebeians assigned as, II, I, 26. of privy
purse estates, lo, I, II; 10, 4, 3; II, 16, 5;
52;
12, 1, 33; 13, I, 8; 13, I, 10. property of,

7, 7, 4-5; see also peculium. of property
given or sold, 13, 10, 3; NVal 31, I; 35,
I. protection of, by persons of high rank,
II, 24, I; II, 24, 6. as recruits, 7, 13, 6-7.
of Senators, 13, I, 3. of soldiers, 7, I, 3.
tax exemptions of, 8, I, 3; 13, I, 3; 13, I,
8; 13, I, 10. tax payment of horses by,
II, 17, 1. transfer of, NVal 35, I. vagrant,
NVal 31; see also coloni, fugitive

Comanians, taxes of, 13, II,
Comasius, rank of, 6,
12,
Comazon, Ex-Master of Bureaus, i, i, 5

commerce, tax payment on, 4, 13, passim; 13,
I, passim; NVal 15, i; see also tradesmen
commissary office, taxes paid to, II, 28, II
commissary officers, I, 6, 8; 7, 20, 12; 8, 4;
8, 7, 6; 8, 7, 12-13; 11, 23, 4; II, 28, II; 12,
I, II; 12, I,79; 13, 5, 14; 16, 5, 61. sons
of, see children

common property, partition of, 2, 25
commutation, see recruits; subsistence allowances; taxes in kind; tax payments of
horses
complaints, and appeals, II, 30, 12. against
bishops, 16, 2, 12. of bishops, 16, 5, 53.
of border militia, NTh 4, I. of decurions,
I, 12, 6. of dispossessed landholders, io,
8, 3; 10, 10, 27. about episcopal courts,
NVal 35, 1. against excessive gifts, 2, 20,
I. for expenses of a suit, 4, I8,2. against
forcible entry and seizure, 2, 26, I; NVal
8, 1-2. against the glebal tax, 6, 2, 15. of
guildsmen, 13, I, 16. against imperial overseers, lo, 4, I. against inadequate price, 3,
I, x. of inofficiosity, 8, 13, I; NTh 22, 1,
6; NVal 21, 1. of Jews, 16, 8, 8. against
judges, i, 10, 5; i, 16, 6; I, 30, 58; II, 3o,
67; II, 34, 2; 12, 1, 71; 12, 6, 32. against
landholders, 2, 25, i. of litigants, II, 29,
6; II, 30, II; NMarc I, i. against misuse
of public post, 8, 5, 22; 8, 5, 64. of nominees to office, II, 30, I2; 12, I, 8. against
palatines, NVal 7, 1-2. of parents against
children, 8, 13, 6. of provincials, 7, 4, 33;
II, I, 26; NVal 27, I; NSev 2, 1. for return of decurions, 12, I, 1no. for return of
guildsmen, 14, 8, 2. of shipmasters, 13, 5,
6; 13, 9,
ii.
2.
against tax collectors, I, 16,

2, 4; 11, 7, I; II, 7, 16;
about taxes, II,
E 613
Index
II, 8, 3; iI,16, 7; II, 28, 12; 13, 1o, 7;
NVal I5, i; NMaj 2, i; NMarc 2, 1.
against testaments, 2, 19, 4. against time
limits of suits, 4, 14, I. against violation
of tombs, 9, 17, 4; NVal 23, 1. of violence
and intimidation, 4, 20, 4; 12, 3, I
compromises of suits, 2, 9; 3, 1, 9; 3, 5, 12;
4, 18, 2; 8, 12, 4; 1O, 10, 32; Ii, 30, 66;
15, 14, 5; NTh 2, I; 17, 2; 22, 2
comptroller of the accounts and of the privy

purse, I, 17
compulsory municipal services, assignment of,

II, 22, 2; 12, I, 17; 12, 5
compulsory public services, as accountants;
as armorers; as apparitors; of breadmaking; as cattle collectors; as charioteers; as
civil priests; as commissary officers. See
s.vv. of construction and maintenance of
public works. See bridges; buildings; public works; roads. of decurions, see s.v. of
distribution of supplies, I, 15, II. as duum-
virs; see s.v. evasion of, 3, i,8; 6,

8, 4, passim; 8, 7, passim; II,
22, 1-2;
30, 19; II,
36, 6; 13, I, 4; 14, 4, 1; 14, 4, 8; see also

Church, service in; decurions, barred from
other services. as evidence of free status,
4, 8, 9. exemption from, see exemptions.
extraordinary, 6, 26, 14; 6, 35, TO; II,16;
12, I, 30; 12, 6, 31; 13, 5, 4; 13, 5, 8; 14,
6, 2; 15, 2, I; 15, 3, I; 16, 2, 14; 16, 2, 40;
Sirm. II; see also taxes, extraordinary.
of freedmen, 4, 8, 9; 14, 3, 9-1o. of fur-
nishing artisans, see artisans. of furnishing charcoal, iI, 16, i; iz,16, 8. of furnishing expenses of delegates and the elite,
see expenses. of furnishing horses, see tax
payments of horses. of furnishing quarters,
see quartering. of furnishing recruits, see
tax payments of recruits. of furnishing sand,
NVal 5, 1. of furnishing wood and lumber,
see wood. of grain supply, 14, 25, I; see
grain, tribute of. in guilds, see s.v. heretics

bound to, 16, 5, I. imperial household,
Church, and all others not to be exempted
from, 15, 3, 6; NVal To. incumbent on persons, 6, 4, 1O; 6, 35, I; 6, 35, 3; 7, 13, 7;
7, 20, 6; 12, 17, I; 13, 4, I; 13, 4, 4; 14, 3,
12; 16, 2, 24; 16, 8, 2; NTh 3, I; NVal 3,
scribes, see s.v. of Senators, I, 28, i; 6, 2,

ig; 6, 2, 21-26; 6, 3, 2; 6, 4, passim; 6,
23, '; 6, 23, 4; 6, 24, 7-10; 6, 26, 12; 6,
27, 6; 6, 27,
22; 6, 37,
II, 15, I;
I;
II,
23, I; 12, 1, 58; 12, I, 189; 13, 3, 2; 15,

I, 7; NVal 6, 2. of shipmasters, see s.v.
of sons of soldiers, see children. of sons

of veterans, see veterans. sordid, see compulsory public services of a menial nature.
of the stage, 15, 7, passim; see stage. of
supervisors, see s.v. of swine collectors,
cattle collectors, and receivers of wine, 14,
4; see also swine collectors. of tax collection, 7, 6, x; 8, 8, g; II, I, 14; II, 7, 18;
II, 7, 21; II, 14, I; II, 16, 14; II, 22, 4;
II, 23, 1-4;
12, 6, passim; NVal
15, I;
36, I; see also tax collection. of tax payment; of tax equalizers, see s.vv. in theatrical shows, 15, 7, passim; see spectacles.
transfer of, 6, 4, 1o; II, 22, passim. of
transport of supplies, see transport
concubines, NMarc 4, I
confidential advisers (domestici), I, 34; 3,
6, i; 6, io, 2-3; 6, 28, 8; 8, i, 16-17; 8,
the Emperors
15, 6; 9, 27, 3; NTh 21. of

(proximi), 12, I, 74
confidential agents, 6, 29; 8, 5,
i. office of, not to be filled
of prefects, 12, io. secret, I,
So; NVal 13,

by apparitors
9, I; 6, 29, I
confirmation, of the law of Leo, NAnth 2.
of the Theodosian Code, NTh I,I. of the
Novels of Theodosius, NTh 2; NVal 26
confiscation, I, 34, 3; 4, 22, 2; 7, 8, 7; 7, 8,
9; 7, 12, 1; 7, 15, 2; 7, iS, 4-6; 9, 16, i;
9, 21, I; 9, 25, 3; 9, 29, 2; 9, 40, 17; 9,
42, 19-20; 1O, 21, 3; 1O, 24, 2; II, 14, 3;
II, 24, 5; II, 30, 26; II, 36, 14; 12, i, 6;
12, 6, 5; 13, 5, 17; 13, 5, 34; 13, 7, I; 14,
3, 18; 14, 3, 21; 14, 4, 9; 14, 10, 2; 14,

14, I; 15, 2, 9; 16, 5, passim; 16, 6, 5; 16,
6, 7; Sirm. 12; NTh 8, i; NVal 23, I;
35, i; NMaj 7, i; NAnth I, I. by the
fisc, I, 5, 3; I, 16, 12; 3, 1, 2; 3, 12, 3;
4, 6, 2-3; 4, 6, 5; 5, 7, 1-2; 6, 2, 13; 7, 4,
I; 7, 4, 17; 7, 18, 6-7; 7, 18, 12; 7, 19, I;
8, I, 15; 8, 2, 5; 8, 5, 17; 8, 5, 47; 8, 15, I;
8, 15, 5; 9, 1, 2; 9, 8, I; 9, 10, 3; 9, 14, 3;
9,
17, I; 9, 21, 2-4; 9, 21,
7-8; 9,
23, 1-2;
I; 1o, I; see also services, personal. on

landholdings, 6, 2, 24; 7, 13, 7; II, I, 26;
II, 1o, 2; iI, 16, 15; II, 17, 4; II, 19, 1-4;
9, 26, x; 9, 26, 4; 9, 42, passim; To, I, I;

1O, I, 5; 1o, I, 16; 1O, 8, 4-5; 1O, 9, 3; 1O,
II, 20, 5; II, 22, 2; IT, 24, 3; II, 24, 6; iI,
1O, 19, 13; 1o, 19, 15; 1O, 22, 5; II, 4, I;

II, 34, I; 12, I, 6; 12, 1,33; 12, 1,36; 12,
I, 92; 12, II, I; 12, 18, 2; 13, 7, 2; 13, II,
28, 16; 12, I,72; 13, 6, passim; 14, 3, passim; 14, 4, passim; 14, 6, I; 14, 6, 3; 15, I,
49; 15, 2, I; 15, 3, passim; 16, 2, 15; 16, 2,
40; Sirm. iI; NTh 20, I; 22, 1-2; NVal
3, i; 5, 1; 6,
1-3;
To, I;
limeburning, see s.v.
of
NMarc 3,
1. of
manufacture of
arms, see arms. of a menial nature, 6, 23,

3-4; 6, 26, 14; 6, 35, 1; 6, 35, 4; 7, 2o, 6;
iI, I6; 12, I, 153; 13, 3, 12; 14, 4, 6; 15,
3, 6; 16, 2, xo; 16, 2, 14-15; 16, 2, 40;
Sirm. II; NVal To, I. of a menial nature,
list of, iI, 16, 15; II, 16, 18. military,
7, 22, r; 7, 22, 7; 7, 22, If. as miners, lo,
19, passim. as municipal scribes and accountants, see accountants, tax; scribes. as
official escorts; as palatines, see s.vv. as
patrons of guilds, 14, 4, 9. pecuniary, 12,
i, 191; see tax payments. of a physical
nature, 6, 35, 3; 7, 2o, 6; 12, i, Ii. as
praetor, see s.v. under prefect of City, i, 6,
6. as procurator, I, 32, passim. of the
public post. See posthorses; postwagons;
public post. of purple dye fishers, 9, 45, 3;
1O, 20; 13, I, 9. as recruit collectors, see
tax collector, chief recruit. as tax registrars, see s.v. repetition of, 12, 5, 3. as
[ 614
lo, passim; 1O, II,
I;
1o, 12, 2; lo, 18, I;
I; 14, 4, 3; 14, 15, 4-5;
14, 17,
6;
I,
14, 22, I; 15, I, 4; 15,
I; 14, 17,
8; 15, 2, I; 15,
2, 4-5; 16, 2, 2o; 16, 5, 3; 16, 5, 7-9; 16,

5, 12; 16, 5, 17; 16, 5, 21; 16, 5, 30; 16,
5, 33-34; 16, 5, 36; 16, 5, 43; 16, 5, 49;
12; 14; NVal 1, 3; 6, i; 18, I; 23, I; NMaj

5, I
consanguineous kinsmen, see kinsmen

consanguinity, see kinship
conscription of labor, see compulsory public
services
consistory, imperial, I, i, 5; 6, 9, I; 9, 14,
3; 9, 40, II; 12, 12, 8; 12, 12, i6; i6, 5,
16. cases held in, 1, 22, 4; 4, 20, 3; I, 39,
5; II, 39, 8; 12, 12, 9. counts of, see counts.
decurions of, 6, 2, 26. documents read in,

12, 12, 9; Sirm. 3; NTh 24, 1. dukes in,
6, 4, 28. retirement from, of imperial secretaries, 6, 1o, 2; 6, 35, 7. right of entry to,
6, 26, 5; 12, 12, TO
conspiracy, 7, I, I; 9, 14, 3; NVal 32, 1. of
the Saturians and Subafrensians, 7, 19, I

Constantine, Emperor, I, I, 5-6; i, 6, 8; 2,
5, 2; 3, 1, 3; 4, 4, 3; 4, 6, 4-5; 4, 15, I; 5,
5, I, 7; 6, 2, 26; 6, 4, 7; 6, 4, 17-18;
20, 2; 8, 15, I; 8, 18, 9; To, o,
24; II, 29, 5; II, 32, I; 12, 12, 4; 13, 5,
13; 13, 5, 16; 13, 5, 26; 13, 9, 3; 14, 3, 12;
14, 4, 4; 14, 16, 2; 14, 17, 9-12; 16, 5,66;
6, 6, 2; 16, 8, 13; 16, 8, 22; NTh I, I;
5, i; NMarc 4, i; NAnth I, I; 3, I
1, 2;
7, 13, 4; 7,
Constantinia, plebeians of, NVal 13, I
Constantinian and Constantian praetors, 6,

4, 25
Constantinople, see also City. aqueducts at,

6, 4, 3o; 15, 2, 4. armorers in, 1o, 22, I.
Bishop of, 16, i, 3; 6, 2, 45. caducous
property in, NTh 17, 1. chest of, NMarc
2, 1. churches in, 9, 45, 4; II, 24, 6. Council of, 16, I, 4. dignitaries of, 14, 12, 1.
fleets of, 8, 7, 21. gifts in, 8, 12, 8. grain
supply of, 14, 16. guilds of, I, 1O, 4. heretics banished from, 16, 5, 13; 16, 5, 29-30,
16, 5, 58. holidays in, 2, 8, Ig. houses in,
5, 14, 36; 7, 8,
14-16;
NTh 5, 1; 25, 1.
issue of food supplies in, I, 15, II; 14, 17, 9.
Italian rights of, 14, 13. limeburners of, 14,

6. military accountants banished from, 8,
I, 14. military paymasters, etc. in, 8, 7, 22.
municipal property of, NMarc 3, 1. New
Wall of, 7, 8, 13; 15, 1, 51. procurers in,
NTh 18, i. public works in, 15, I, passim;
NMarc 2, I. pursuit of liberal studies in,

14, 9. residence in, NTh 22, I. Senate of,
6, 2, 14; 6, 24, iI; NTh 15, 1. soldiers of,
7, I, 17. taxes of, iI, 16, 6. teachers in,
6, 21; voyages to, 13, 9, 2
Constantius, Emperor, 6, 2, 26; 6, 4, 1O; II,
i, 6; II, 7, 9; II, 20, I; 12, I, 74; 12, 1,
9o; 13, 5, 14; 14, 17, 12; 16, I, 4; 16, 2,
18; 16, 6, 2; 6, 8, 13
constitutionaries, Min. Sen. passim; Const.
constitutions, imperial, Min. Sen. 4; 5;

Const.; I, i; 2, 7, 2; NTh I, I; 2, I; et
passim
16, 5, 54; 16, 5, 58; 16, 6, 2; 16, 6, 4; 16,
construction of public works, see public
8, 7; 16, 9, 2; 16, 1O, 4; 6,1O, 12-13; 16,
works. of roads, 15, 3; see roads
o, 19; Sirm. 12; 14; 16; NTh 9, I; 17,
consular
lictors, 8, 9, i. province, 8, 7, 12
1-2; NVal 18, i; NMaj 9, i; NAnth I,
consulars, honorary, 6, 4, 23; see also exi. by the largesses, 9, 21, 6-7; 9, 42, 20;
consulars. privileges of rank of, 6, 2, 13;
NTh 17, 2. by the privy purse, 4, 22, 3;
6, 10, 2-3; 6, 20, I; 6, 22, 5; 6, 22, 7; 6,
7, 8, 7; 9, 42, 7; io, i, 16; o, 9, 1; 15,
26, 7-8; 6, 27, 5-6; 6, 27, 10; 9, 26, 4; 12,
2, 4; 16, 10, 20; NMaj 5, I
I, 74; 16, lo, xo; NVal iI, r; 13, I; see
connivance, I, II, I; 2, 14, 1; 7, 1, 12; 8, I,
also governor, with rank of consular
12; 8, iI, I; 8, II, 4; 9, 24, 1; 9, 40, 15; 9,
consulship, in dates, i, i, i ; I, 1, 5-6; 8, II,
45, 5; To, 20, To; II, 16, II; II, 30, 8; II,
1-3; 15, 14, 9. record of Eutropius, to be
30, 29; II, 30, 59; II, 30, 64; IT, 36, 2;
II,36, To; II, 36, 26; 12, 1, 71; 12, 1, 77;
12, I, 139; 14, 3, 12; 14, 4, lO; 14, lO, I;
15, 1, 43; 15, 2, 9; 16, 2, 27;

65,
24; 0,
5, 4;6, 5 6, ,
34; 16, 5, 40; 16, 5, 46; 16, 5,
16, 6, 4; 16, lo, 12; 16, lo,
16, 2, 39; 16,

5, 29; 16, 5,
So; 16, 5, 65;
19; Sirm. 9;
removed, 9, 40, 17.
under tyrants, to be
abolished, 15, 14, 9; 15, 14, 13
consuls, ordinary, 6, 4, 12; 15, 7, 6; i,
9, I.
prerogatives of, Min. Sen. I; 3; 4; 6; 7;

6, 4, i; 6, 6; 15, 5, 2; 15, 9, 1; 15, 14, 9;
NTh 25, i; NVal iI, i. rank of, 6, 6; 7,
8, 16; 12, I, 74; NTh 25, I; NVal iI,I
Index
8, 5, 49; 9, 1, 4;
Continents, sect of, 6, 2, 20; NMarc 5, I

contracts, 2, 17, I; 2, 28, I; 2, 29, 2; 3,
I,
passim; 4, 5, I; 8, I, 15; 8, 5, 41; 9, 43, i;

10, 10, 29; II, 3, I; II, 36, 27; 13, 5, 27;
16, 6, 4; NTh 4, I; 7, 2; 9, I; 14, I; 22, 2;
NVal 8, I; 18, I; 32, I; NMaj 6, I; 7, I;
NAnth 3, I. clandestine, 3, 1, 8; NVal 15,
I. for collection of taxes, 4, 13, passim. of
debt, 2, 33, 4; 3, 32, 2; 4, 19, I; lo, 16, 2-3;
NVal 22, I; NMarc 2, 1. involving forfeiture, 3, 2, 1. of heretics, 16, 5, 40; 16, 5,
48; 6, 5, 54; 6, 6, 4. with imperial steward, 10, 24. of marriage, 3, 5, passim; 3,
II, I; 3, 12, 2-3; 9, 24, 3; NTh 12; NMaj
6, I; NAnth I, i. involving patronage, 2,
29, I. of purchase and sale, 2, 17, I; 3, I;
3,4, I; 3, 32, 2; 8, 15, 5; 12, 3, 3; 13, 6, 7;
13, 6, 9; 14, 3, 3; 14, 3, 13; 6, 5, 40; NTh
19, 1; 22, 2; NVal 15, 1; 32, 1; NMaj 7, 1.
of purchase and sale, by accountants, administrators, and other public officials, 3,
I, io; 8, 15, passim; NVal 32, I

contumacy, 2, 18, 2; 4, 10, I; 4, 22, 3; 6, 4,
13; 6, 27, To; 6, 29, 2; 7, 5, 2; 7, 20, 2; 8,
5, 37; 8, 7, 16; 8, 14, I; 9, 36, I; 10, 13, I;
10, 20, 8; II, I, 27; 11, 7, 3-4; II, 7, 16;
II, 30, 59; II, 36, 19; II, 36, 28; II, 36, 31;
12, I, 146; 13, II, 3; 14, 10, 3; 16, 1o, 13;
Sirm. II; 13; 16; NTh 7, 2; NVal 8, I;
17, I; 35, I; NMaj 2, I
contumely, I, 6, 7; I, 7, 2; I, 28, 3; 6, 27, 17;
8, 4, 8; 9, 7, 2; 9, 35, 2; 9, 38, 9; 10, 10, 29;
II, 30, 2;
II,
30, II;
II,
30, 58; 12,
1,
39;
16, 2, 40; 16, 8, 5; 6,8, 11-12; 16, 8, 21;

Sirm. 4; II; NTh 3, I; 7, I; 15, 2; NVal
I; NMaj ii, i
co-owners, 2, 26, 3; 3, 1,6; 3, 30, 4; 5, 16, 34;
lo, I; 16, I; 25, I; 27,
8, 18, 7; 10, 14, 1-2

coparties, in suits, 2, 5; 2, 12, 2
copyists, 8, 9, I; 14, 1, 1. Greek and Latin,
14, 9, 2
cords, torture by, 9, 35, 1-2

Cornelian Law, on cutthroats, 9, 14; on forgery, 9, Ig; on sorcerers, cutthroats, and parricides, 9, 19, 4; on wills, 9, 20, I
corporal punishment, see punishment

corporation, see guild
corporeal delivery, see delivery. induction,
8,
12, 2
corrector, see governor

correspondence, bureau of, see bureaus
13, 5,
16, 2, 31; Sirm. 14. of arrangements, 6, 2,

23; 6, 26; II, 18, 1. as assessors to Illus-
trious officials, 6, 15. and assistant masters,

6, 26, io-ii; 6, 26, 14. in charge of investi-
gation of tax accounts, 9, 26, 4. and chief

physicians, 6, 16; ii, 18, I; 13, 3, passim.
of Diocese of Pontus, 6, 13, 1. of Egypt,
4, 13, 9; 6, 1o, 3; 6, 13, I; 8, 5, 52; II, 24,
3. of estates of imperial household, 9, 27, 7.

of estates of imperial household in Cappadocia, 6, 30, 2. of the first order, 6, 13, I;
6, 14, 1-3; 6, 15, 1I; 6, 16, 1; 6, 17, 1I; 6, 18,
I; 6, 20, i; 6, 21, I; 6, 26, 14; 12 1,I189;
13, 3, 16-19; 13, 11, 16-17; 16, 5, 54; NVal
6, 3. of first order, of the various arts, 6,
20. honorary, 7, 23, I; 12, 1, 26; 12, I, 36;
12, I, 41; 12, 1, 75; 12, I, 109; 12, I, 150;
see also ex-counts. of the household troops,
II, 18, I; 12, I, 38. of an imperial bureau,
I, I, 5-6; 6, 26; 6, 30, 24; 6, 35, 7; 7, 12, 2;

ii, i8, i; NMarc 2, 1. of the imperial
consistory, 6, 12; 6, 22, 8; 6, 30, I; 6, 30,
4; 7, 8, 3; 9, 14, 3; 10, 5, I; II, 16, I5;
II, 16, 18; II, 18, I; NTh i, i; NVal 6, 3.
of the imperial stable, II, 1, 29; II, 17, 3;
1I, 18, 1. of the imperial treasury, I, 5, I3;
7, 8, 3; 8, 7, 14; 8, 7, 23; II,18, I; II,30,
28; II, 30, 39; 12, 6, 32; NVal 7, 1-2. of
the imperial wardrobe, ii, i8, i. and mas-
ters of the horse and foot,
12, I, 78; 12, 1,

113; 16, 8, 9. and masters of offices, I,9, I;
6, 29, 1o; 8, 5, 8. and masters of soldiers,

7, I, 17; 7, 8, 8; 12, I, 175. of military af-
fairs, 6, 14; 7, 4, 3. of military affairs in

Africa, 7, 4, 3. office staffs of, see apparitors. of the Orient, I, 13; I, 15, II; 6, io,
3; 8, 7, 21; 9, 40, 15-16; 10, 23, I; II, 30,
30; II, 30, 57; 12, 1, 63; 12, 2, I; 13, IT, 12.
of prefectures of Italy and Gaul, 6, ig, i.
of the privy purse, I, 5, 13; I, II ; 4, 22, 3;
5, 13, 4; 6, 9; 6, 30, 16; 6, 30, 18; 6, 30, 24;
6, 35, 7; 6, 35, 14; 7, 12, 2; 8, 8, 4; 8, 8, 9;
10, I, 9; 10, 3, 7; 10, 8, 2; 10, 9, I; 10, 9,
3; 10, 10, 7; 10, 10, 13-14; lo, lo, 16; io,
10,
8,
I,
16; 8,4, 14; 8,4, 18; 8,7, 14; 8,7, 19; 9,

19, 4; 10, I, 17; 10, 3, 7; II, 13, i; II, 29,
6; 12, I, 14; 12, I, 86; 12, I, 94; 12, i, 118;
12, 1, 129; 12, 1, 143; 12, 1, 152; 12, 1, 159;
12, I, 161;
1, 34; 11, 16,
32; II,
18, I;
12, I, 120;
NTh
17, 1-2;
NMaj 5, 1.
of privy purse, court of, 9, 27, 7; 1o, 10, 8;
10, 10, Q; 10, 10, 22; 10, 1o, 27; II, 30, 41;
II, 30, 45; 11, 30, 49. professors with the
23, I; NVal 1, 3; 7, 1-2; 1o, i;
corrupt solicitation, I, 6, 12; I, 12, 8; I, 29, 6;

6, 4, 22; 6, 14, 2; 6, 22, 2; 6, 22, 7; 6, 24, 5;
6, 24, 7; 6, 26, II; 6, 27, 3; 6, 27, ig; 6, 29,
4; 6, 30, 3; 6, 30, 7; 6, 33, I; 7, 1, 7; 7, I,
18; 7, 20, 13; 7, 21, 2; 8, I, I; 8, I, 13;
9, 27, 7; 11,
14; II, 21, 3; II, 24, 4; II, 30, 16; II, 30,
28; II, 34, 1; 12, I,14; 12, I, 44; 13, 3, 2;
13, 3, 12; 13, II, II; NTh I, I; 7, 3; NVal
13, 1. of Africa, 1, 7, 3; 7, 4, 3; II, 17, 3;
19; 13, 10, 8; 14, 3, 20;
NTh 3, I; 24; NVal I, 3; 4, I; 13, I; 21,

2; 36, I; NMaj 3, I; 6, I; NMarc i, i;
on the Julian Law on, 9, 26

corruption, see bribery; collusion; connivance;
corrupt solicitation; extortion; fraud; patronage; venality
Corsica, recruit tax of, 7, 13, 20
Council, of Ariminum, 6, 1, 4; 16, 2, 15. of
Constantinople, I6, I, 4
councils, extraordinary, 12, 12, 12-13. provincial, delegates of, 12, 12, passim; see
delegations
countef claims, 5, 7, I
counterfeiting, crime of, 9, 21, passim; 9, 22,
I; 9, 38, 6-8; II, 21, I; Sirm. 8
counts, I, I, 5-6; 1, 3, 1; 1, 7, 3; I, 16, 6-7;
I, 22, 4; 6, 10, 3; 6, 35, 7; 7, 4, 32; 8, 5, 23;
rank of, in Constantinople, 6, 21. retired

from active service, 6, 18. of the sacred
imperial largesses, I, 5,
12-13; I, 10; I, 15,
9; 6, 9; 6, 30, 7; 6, 30, 23-24; 6, 35, 7; 6,

35, 14; 7, 12, 2; 8, 5, 13; 8, 8, 4; 8, 8, 9;
6, 7-8;
10, I, 13; 10, 9, 3; 10, 20, 16; II,
II, 18, I; II, 21, 3; II, 30, 39; II, 30, 41;
12, 1,38; 12, I, 120; 12, 8, I; NTh 17, I;
NVal 7, 1-3. of the scholarians, NTh 21.
of the second order, 6, 14, 2; 6, 26, 17-18;
6, 27, 8; 13, 3, 16-18; NVal 6, 3. of soldiers, 1, 15, 7; 7,
1, 9;
7, I, 17-18; 7, 4, 23;
7, 4, 36; 7, 9, 2; 7, II; 7, 20, 12-13; 12, I,

128. of the tax accounts, i, io, 8. of the
third order, 6, 26, 17; 12, I, 127; 14, 4,
9-io; NVal 6, 3. of the treasury, I, 5, 13;
II, 18, I; II, 30, 39; 12, 6, 32; NVal 7, 1-2.
and tribunes, non-military, NTh 7, 3. and

tribunes of the scholarians, 6, 13; NTh 31.
who govern provinces, 6, 17
court days, 2, 8, 19
courts, of bishops, see s.v. of counts of imperial treasury; of counts. of sacred imperial largesses, see s.vv. of Emperors,
1, 6, 2-3; 1, 6, io; I, 10, I; I, i6, 5; 1, 22,

2; 9, 34, 5; II, 30, passim; II, 31, passim;
II, 34, 1-2; Sirm. 2; NTh 4, i; NVal 21, I;
30, I; NMarc i, i; see also reference of
cases. ecclesiastical; episcopal, see bishops.

extraordinary, 13, 5, 7; NVal 35, i; see
judges; trials. of fiscal representative, see
s.v. of governors, I, 16, 6-9; I, 22, 2; I, 29,
2; 2, 1, 4; 4, 5, I; 12, 1, 6; 12, 1,181; 12,
12, 12; NTh 7, 2; lo, I; NVal 2, 2-4; see
also governors. laws valid in, i, I, 6; I, 4,
2; NTh I, i. of magistrates, II,31, 1I II,
31, 3. of master of soldiers, see s.v. mili-
tary, 2, I, 9; NMarc I, I; see also actions
involving soldiers; master of soldiers, court

of. of praetorian prefect; of prefect of the
City, see s.vv. quinqueviral, 2, I, 12; 9, I,
13. secretary of, I, 29, 5. secular, see
judges. of trial judges, see judges, trial.
of vicars, see s.v. court trials, 2, 18; see
trials
cousins, accusation of adultery by, 9, 7, 2.
marriage of, 3, 10, I; 3, 12, 3
creditors, 2, 13, I; 2, 27, I; 2, 30, I; 2, 31, I;
2, 32, I; 2, 33, passim; 3, 2, I; 4, 19, I;
10, 24, 2; NVal 12, 1; 22, 1; 32, 1. minors
as, 2, 33, 2; see also debtors; debts

cretion, 4, I; 8,
18
crimes, of adultery, see s.v. of apostasy, 16,

7, passim; Sirm. 4. involving apparitors,
8, 4, 15-16; 8, 4, 26; see also, actions involving apparitors; apparitors, penalties of.
of astrologers, see s.v. capital, 9, 38, passim; Sirm. 7; 8; see punishment, capital.
against churches and clergy, I6, 2, 31;
Sirm. 14. of clerics, see actions involving
clerics; actions ecclesiastical, committed
during barbarian invasions, 15, 14, 14. of
corrupt solicitation, see s.v. of corruption

of a minor woman, 9, 8, I; see also rape.
of counterfeiting, see s.v. custody of persons accused of, see custody. of decurions,
see actions involving decurions; decurions,
punishments of. of defamatory writing, 9,
34. of embezzlement; extortion; extortion
by public officials; forcible entry and seizure; forgery, see s.vv. as grounds for divorce, 3, 16, 1-2. of harboring criminals,
9, 29; see also harborers. of heresy; high
treason; homicide, see s.vv. of infanticide,
9, 14, I. of judges, see s.v. of kidnaping,
9, 18, I. of magic, see s.v. of maledictions
against the Emperor, 9, 4. malicious accusers of, 9, 39; see also calumny. pardons
of, 9, 38; see pardons. against parents, see
children, ungrateful. of parricide, 9, 15;
see s.v. of peculation, 9, 27, 5; 9, 28. penalties for, 9, 4o; see punishments. prevention
of, I, 29, 8. on privy purse estates, I,
II, 2.
of procuring, see procurers, production

and transfer of persons accused of, see
production in court. public, 9, 7, 2; 9, 9, I;
16, 2, 31; 16, 5, 40; Sirm. 14; NVal 18,
1.
of rape; rebaptism; robbery; sacrifices;

sacrilege, see s.vv. sanctuary for persons
accused of, 9, 44; 9, 45; 16, 6, 4; Sirm. 13.
of sedition; seduction; sorcery; superexaction, see s.vv. of theft, 6, 29, lo; see
actions on theft. of violation of tombs, see

tombs. of violence, public and private, see
violence
criminal accusation, of an absent person, ii,
39, 9. by accused persons, 9, 1, 12; 9, I, 19.
annulment of, 9, 37, passim; see also annulments. of bishops, 16, 2, 12; 16, 2, 41,
Sirm. 15. in cases of adultery, see adultery
of clerics, 16, 2, 41; Sirm. 10; 14; 15,
NVal 23, I; NMaj II; see actions ecclesi-
[ 6i1 ]
Index
astical. documents of, 9, 34, passim. by
freedmen, see freedmen. of heresy, 6, 5,
passim. See heretics. of high treason, 9,
5, I; 9, 6; see high treason. liabilities of,
9, I,passim; 9, 2, 3; 9, 2, 6; 9, 3, I; 9, 5, I;
9, 19, 2; 9, 19, 4; 9, 36, 1-2; 9, 37, 2-4; II,
39, 13; 16, 2, 41; Sirm. 15; NMarc i, i.
malicious, 9, 39; 10, 15, I; see also calumny. proof of, see proof, necessity of. requirements of, 9, i, passim; 9, 6, passim;
9, 7, I; 9, 19, 2; 9, 20, I; 9, 24, 3; ii,36, i;
16, 7, 3; 16, 8, 28; Sirm. 15; NMarc i, i;
see also inscription. rewards of, 9, 21, 2;
9, 21, 5; 9, 24, 1; see also freedom, as a
reward. right of, 3, 7, 2; 3, 16, 2; 9, 9, I;
9, 16, i; 9, 25, 3; NVal 7, 2; 18, i; NMaj
6, 1. by slaves, 9, 6; see also slaves, accusation by. under name of another, 9, r,

15; 9, 39, 2
criminal actions, annulment of, 9, 37; see
annulments. appeals in, see appeals. available to persons defeated in civil actions,
9, 20. ecclesiastical, see actions. involving
judges, counts, or palatines, 9, I, 4; NVal
7, 2; see also judges; palatines. minor, 2,
i, 8; 9, 38, 7; 9, 40, passim. records of, see
records of cases. involving Senators, 2, I,
12; 9, I, I; 9, I, 13; 9, 2, 1 9, 16, io;
9, 40, io; see also Senators, actions involving. involving soldiers, see actions involving soldiers; court military. time limits of, 9, 19, 2; 9, 24, 3; 9, 36, 1-2; see time
limits. trial of, i, 16, 9; 2, i, 8; 2, 26, 5;
3, 1I, 1; 4, 4, 2; 9, 1, passim; 9, 7, 7; 9,
1o, 3; 9, 16, 10; 9, 19, 2; 9, 19, 4; 9, 20, I;
9, 35, passim; 9, 36, passim; 9, 37, passim;
9, 41, I; 1o, 4, 3; II,29, 5; II, 39, 10; 11,
39, 13; 16, 2, 23; NTh 7, 2; NVal 35, I;
NMarc i, i. trial of, by governors, x, 16,
9; 2, I, 2; 2, I, II; 3, II, I; 6, 29, I;
9, I, 13; 9, 40, 12; by legates, I, 12, 3; by
proconsuls, I, 12, I; in public, i, 16, 9; by
vicars, 3, 1I, 1; II, 3o, 61. witnesses in,
see witnesses. involving women, 9, I, 3
criminal law, Book 9, passim

Crispus, birth of child of, 9, 38, i
cross, burning of, prohibited, 16, 8, 18. Christian, to be erected over former pagan temples, 16, 1o, 25
crown gold, 12, 12, 15; 12, 13; 16, 8, 29
crucifixion, as punishment, 9, 5, I
curators, administration and liability of, 3, 30.
of cities, 15, 7, i. creation of, 3, 7; 6, 4,
16. of debt account books, 12, II. of
minors, 2, 4, I; 2, 6, 4; 3, 5, 5; 3, 5, 11-12;
3, 6, 1; 3, 17; 3, 31, 1; 4, 14, 1; 4, 22, 2;
4, 22, 6; 13, io, 6; 15, 14, 9; 16, 2, 27; see

also guardians. of the municipalities, I,30;
5, 15, 20; 6, 22, I; 8, 5, 59; 8, 12, 3; 8, 12,
8; 8, 15, 5; 9, 2, 5; II, 8, 3; II, 31, 5;
12
1,
20; 12, I, 189; 14, 15, 2; 15, 7,
1;
16,
2, 31; Sirm. I4; see also defenders. of the

palace, 6, 13, I; II, 18, I
Curtius, Praetorian Prefect, Sirm.
12
curule insignia, 6, 1o, 3; NVal ii,
ii
custodians, of shores, see seacoast; shores. of

State storehouses, II, 14, I; 12, 6, 33; 12,
1o. of temples, 12, I, 112; 16, I, 1. of the
treasury, 8, 7, 14
custody, of accused persons, 6, 29, I; 9, I, 7;
NVal 32. of seacoasts and highways, 7, 16;
see seacoasts
custom, long established, 5, 20
customs duties, 7, 20, 9; HI, 19, 8
cutthroats, the Cornelian Law on, 9, 14;
9, 19, 4
Cynegius, Praetorian Prefect, io, 1o, ig
Cyrus, Bishop of Aphrodisium, II, I, 37
Cyprus, exile to, 9, 40, 17
2;
NMarc 3,
1-
9, 45, 1-3; II, 28, 1o; II, 36, 27; II, 36, 32;
NTh 7, 2; 7, 4; 26, i; NMaj 7, I; NMarc
I, 1; 2, I; 3, 1. of the treasury, II, 28, 3;
see also taxes, delinquent

decargyrus, 9, 23, 2
decemprimate, rank of, 6, 24, 7-8; 6, 25, I;
9, 35, 2; see also decurions, chief
Dacia, mines in, I, 32, 5
decennalia, 4, II, I
Dalmatia, confidential agents in, 6, 29, 12

Dalmatius, Consul 333, 9, 17, 2
Damasus, Bishop (Pontiff) of Rome, 16, I,
Danube, river patrol craft on, 7, 17
Daphne, palace at, 15, 2, 2
decisions, see courts; sentences. of arbitrators, see s.v. definitive, I, 1o, 3; 10, 12, 2;
2
Dardania, mines in, I, 32, 5
dates, computation of,
12, 1, 2.
of Easter, see
Easter. of laws, i, i, i
Datianus, patrician, ii, i, i
daughters, see also children. of decurions, 9,

42, 24; 12, I, 124; NTh 22, 2; NMaj 7, 1.
of degraded women forbidden to marry
Senators, 4, 6, 3; NMarc 4, 1. dowry given
to, see dowry. emancipation of, 3, 7, I;
5,
i, 3; see also emancipation.
of freed-
women, see s.v. gifts to, see children, gifts

to. of gladiators, 4, 6, 3; NMarc 4, 1. inheritance and succession of, 3, 8, 2; 3, 12,
3; 5,
1,
3-5; 5, I, 8; 6, 4, U7; 8, 18, 7; 8, 18,
9-10; 9, 14, 3; 16, 7, 6; 16, 8, 28; NTh 14,

I;
22, 2;
NVal 25, I; 35, i; NMaj 6,
1.
marriages of, see s.v. natural, NTh 22, 2;

see children. not to be forced to become
holy maidens, NMaj 6, 1. of patrons of
freedmen, NVal 25, i. of persons of stage,
15, 7, 2. of procurers, 4, 6, 3; 15, 8, 2;
NMarc 4, I. of purple dye fishers, io, 20,
15-17. of Senators, exemption of, 6, 2, 12.
of Senators, as praetors, 6, 4, 17. of tavern keepers, 4, 6, 3

days, of Christian holidays, actions forbidden
on, see Easter; Sundays. court, 2, 8, 19.
festal, 12, I, 176; 15, 4, I; 15, 7, 13. See
also holidays. of the Quadragesima, trials

and amusements prohibited during, 2, 8, 24;
9, 35, 4-5; 9, 35, 7
deaconesses, age and qualifications of, 16, 2,
27. estates of, 5, 3, I; 16, 2, 27-28. testaments of, NMarc 5, I
deacons, decurions as, 12, 1, 49; 12, I, 121;
12, i, 163; NVal 35, i; NMaj 7, 1. estates
of, 5, 3, I; 12, I, 49; 12, I, 121; 12, I, 163.
exemptions of, I6, 2, 24. of heretics, 16, 5,
5; 16, 5, 19; 16, 5, 30; 16, 5, 57. trials of,

6, 2, 41; Sirm. I.
penalties of, NMaj
6, i
dead, burial of, see burial

debt account books, 12, II
debt, actions for the collection of, I, 29, 2;
2, 4, 3; 2, 4, 6; 2, 8, 18; 2, 13, 1; 2, 27, 1;
2, 28, I; 2, 29, 1-2; 2, 30, I; 2, 33, passim;
4, II, 2; 4, 19, I; 6, 30, lo; 8, 9, 10; 9, 7, 7;
9, 35, 2; 9, 45, 1-3; lo, 16, 1-4; II,7, 13;
II, 36, I8-Ig; II,36, 21; II,36, 30; 12, II,
I; 15, 14, 9; NTh i, r; 22, 2; NVal 12, i;
35, I; NMarc
2,
I; see also tax collection.
contracts of, see contracts. hereditary, 2,

27, 1. written acknowledgment of, 2, 4, 3;
2, 4, 6; 2, 13, 1; 2, 27, 1; 9, 19, 4; io, 16, 3;
1o, 24, 2; NTh 22, 2; NVal 13, I; 22, I;
9, I, 18-19; 9, 2, 2-3; 9, 2, 5-6; 9, 3; 9, II,

NMai 2, i; NMarc 2, I
I; 9, 21, 2; 9, 27, 3; 9, 37, passim; 9, 40,
debtors, 1, 2, 8; 2, 27, I;2, 28, I; 2, 33, pas7;
Sirm.
2;
30,
II,
22;
40,
9,
I9;
13; 9, 40,
sim; 4, 14, I; 4, 19, 1; 5, II, II; 9, 35, 2.
8; NTh 3, I; 17, i; NVal 32, 1; see also
Africans as, NVal 12, 1. cession of goods
imprisonment; prisons. military, 7, 18, II;
by,
4, 20, passim. fiscal, io, 16; see fiscal
II, 7, 3; II, 30, 15. of minors' property,
3, 30, 6; 9, 43, 1. See guardians. of port

stores, 14, 4, 9. of private prisons, 9, II;
186; 12, II, I; NTh 22,
of the privy purse, II, 7, 5; 11, 28, 6; II,

36, 6; II, 36, 9. public, 4, 20, i; 9, 35, 2;
debtors. guarantors of, NVal 12, 1. heirs

of, see heirs. municipal, 12, I, 54; 12, I,
II, 30, 37; 11, 36, 18; II, 36, 23; NTh 2, 1;
17, 2; NVal 8, i; 17, 1. imperial, delegation
of, 1, 6, 2. judicial, to be read from written
statement, 4, 17; II, 30, 40. of bishops,
1, 27; see bishops, court of. suits terminated by, 2, 9, I; 4, 16, I; 4, 18, 2; 9, 19, 2. of
petty judges; of tax investigators, see s.vv.

under tyrants, 15, 14, 8-9; see tyrants
declaration, in cession of goods, 4, 20, 2-4;
15, 14, 9; see cession of goods
decrees, appointing tutors, etc.,
2, 4, I; 3, 17,
i. authorizing sales of property, 2, 17, I;
3, I, 3; 3, 32; 12, 3; NVal 32, I; NMaj
7, i. of bishops, 6, 5, 66. of governors,
lo, 4, 2; imperial, Min. Sen. 5; 2, 4, 5;
10, 10, 24; II, 1, 30; II, 1o, 2;

21, 3; IT, 3o, 8; II, 30, 43; 14, 4, lo;
15, i, 37; 16, 5, 25; 16, 6, 4; 16, 7, 3;
4, 4, 3;
II,
16, 8, 26; NMaj 9, i. of instruction to

delegations, 1, 16, 2; 12, 12; 6, 2, 42. of
municipal councils, I, 29, 6; 2, 17, 1; 9, I,
52; 13, 3, 5. of praetors, 6, 4, 16. of the
Senate, 6, 4, 12-13; 6, 4, 21-22; Claudian,
4,
12;
10, 20,
10; 12,
1,
179;
Tertullian,
3, 8, 2
decurials, privileges of, 14, I, passim; 14. 3, 18

decuries of City of Rome, 14, I; 14, 3, 18.
of civil priests, 12, I, 176; see priests, civil.
of consular lictors, 8, 9, r. of copyists,

8, 9, 1. of fiscal clerks, 14, I, 1. of Hercules, 8, 5, 46. of scribes, 8, 9, I; 14, 1, I;
see scribes
decurions, 12, 1. as accountants, 8, 2, 4.
actions involving. See actions. as advocates, 12, I, 46; 12, I, 87; 12, I, 98; 12, I,
II6; NTh io, I; NVal 2, 2; 32, . age of,
12, I, 7; 12, I, 19-20. alienation of property of, 12, i, 6; 12, 3; NVal 32, i; NMaj
7, i; see decurions, property of. barred
from other services, I, 12, 4; I, 12, 6; i, 15,
12; I, 32, 4; 6, 22, 1; 6, 26, I; 6, 27, 1-2;
6, 27, 16; 6, 30, 16; 6, 35, 3; 6, 35, 14;
6, 38, I; 7, I, 5; 7, 2, 1-2; 7, 21, 2-3; 8, 2,
1-3; 8, 4, I; 8, 4, 8; 8, 4, 28; 8, 7, 17;
9, 45, 3; 10, 22, 6; II, 7, 21; 12, I, passim;
12, 5, 3; 12, 6, 7; 12, 19, 2-3; 13, I, 4;
13, 3, 7; 13, 5, 19; 14, 8, 2; 14, 26, 1;

6, 2, 3; 16, 2, 43; NTh 7, 4; 10, I; NVal
2, 2; 3, I; 32, I; 35, i; NMaj 7, 1. birth
status of, I, 12, 6; 6, 27, 16; 6, 35, 14; 7,
13, I; 7, 21, 3; 12, I, passim; 16, 5, 48;
NTh 22, 1-2. charges of forgery against,
9, i9, i. chief, 3, 30, 6; 7, 6, i; 7, 13, 7;
7, 18, 13; 8, 5, 59; 8, 15, 5; 9, 35, 6;
1o, 4, 2; 10, 25, I; II, 16, 14; 12, 1, 4-5;
12, I, 39; 12, I, 61; 12, I, 75; 12, 1, 77;
12, r, 79; 12, r, 85; 12, 1, 117; 12, 1, 124;
12, I, 126; 12,
I,128;
12,
1,
189-190; 12, 3, 2; 1:2, 6, 4; 12,

19, 3; 13, II, 10; 15, 9, 2;
12; 16, 5, 40; 16, 5, 52; 16,
171;
12, I,
6,
33; 12,
16, 2, 39; 16, 5,
5, 54; 6, 6, 4;
6, io,13; Sirm. 9; NTh 22,2; NMaj 7, i;
see also decemprimate. children of, see
s.v. as clerics, see clerics, decurions as.
[ 616 ]
Index
clerics exempt from duties of, 16, 2, 3;
16, 2, 9; 16, 2, II; see also clerics, exemptions of. collection of taxes by, I, 32, 5;
6, 3, 4; 8, 15, 5; 9, 35, 2; II, 7, 12; IT, 7,
14; 11, 7, 16; 1I, 7, 21; 11, M6, IT; II, 16,
20; II,22, 4; II,23, 2; II, 28, 3; II, 28, 1o;
12, I, passim; 12, 6, 9; 12, 6, 20; 12, 6, 24;
14, 4, 3; NVal 13, i; 15, i; 32, i; NMaj
2, I; 7, i; NMarc 2, 1. of the consistory,
6, 2, 26. custody of storehouses by, 12, 6,
33.
desertion of
19; NMaj 2, 1;
deacons as, see deacons.
municipality by, 12, 18; 12,

7, i; see also compulsory public services,
evasion of; decurions, fugitive. duties of,
5, 7, 2; 7, 7, 3; 7, 'O, I; 8, 4, 8; 8, 5, 26;
8, 5, 5i; 8, II, I; 12, 12, 15; 12, 13, 3;
13, 3, 5; 14, 6, 3; 16, 5, 45; 16, 5, 65; 16,

NVal 15, I; 23, i; NMaj 3, i;
7, I; NMarc 2, I. estates of, 5, 2; see
decurions, property of. exempt from corporal punishment, 12, I, 39; 12, I, 47; 12,
I, 8o; 12, I, 85; 12, I, 126; 12, I, 128; 12,
I, i9o. exemptions from duties of, see exemptions. exemptions and privileges of, I,
28, 2; 8, 5, 34; 9, 35, 2; 9, 35, 6; 12, I,
passim; 12, 6, 31; 12, 6,33; 13, I, 17; 14,
6, 3; 16, 2, 43; 16, 8, 2; NVal 13, '; NMaj
1O, 12-13;
7, I; NMarc 2, 1. extortion of, 6, 29, II;

9, 27, 6. fugitive, 9, 45, 3; 12, I, passim;
12, 18, 1-2; 12, 19, 1-3; NMaj 7, I; see
also actions for recovery. grandfathers,

see s.v. heretics as, 6, 5, 48; 6, 5, 54;
NTh 3, 1. inheritance and succession of,

5, 2; 5, 3, i; 6, 26, i; 6, 35, 14; 8, 7, T9;
9, 42, 24; 12, I, passim; 13, 5, 19; 13, 5, 25;
NTh 22, 1-2; NVal 3; see also children of

decurions. Jews as, see Jews. leases forbidden to, 10, 3, 2; NTh 9. marriages of,
see s.v. military, 7, 12, 1. natural sons of,
NTh 22, 1-2. nomination of, see nominations to municipal councils. notaries as,
9, 19, i. not to aspire to rank of Senator
or other high honor, 12, I, 18; 12, I, 82;
12, I, 93; 12, I, 1or; NTh 15. not to be
apparitors, I, 12, 4; i, 12, 6; 6, 35, 14; 12,
I, passim. not to be defenders, 1, 29, I;
I, 29, 3. not to be lessees or guarantors of
lessees,
1O,
3, 2; NTh 9. not to purchase
property or receive gifts, 8, 15, 5. not to

be soldiers, 7, 2, 2; 7, 13, i; 7, 20, 12;
8,
4, 28; 12, I, 87-88; 12, I, 113; 12, I, 147;

12, i, 181. not to regulate Senatorial taxes,
I, 28, 3; 6, 3, 2-4. of the palace, 6, 23;
8, 7, 5; II, 18, I. payment of crown gold
by,
12, 12,
15;
12,
13. plebeians as, see s.v.
prescription of forum forbidden in trials

of, NTh 7, 2-4. as procurators of mines,
property leased to, 10, 3, 4-5.
property of, 5, 2; 6, 3, 3; 6, 27, 16; 8, 4, 7;
9, 42, 24; II, 7, 2; II, 24, 6; 12, I, passim;
12, 3, passim; 12, 4, 1. 15, 1, 41; 15, 9, 2;
NTh 15, I; 22, 1-2; NVal 3, '; 32, I; 35, 1;
I, 32,
5.
NMaj 7, I. property of, not to be alienated without a decree, 12, 3; NMaj 7, I;

see decrees, authorizing sales of property.
protection of, i, 29, 7; 9, i, 15; 12, I, 173.
punishments of, 2, 30, I; 7, 1o, I; 8, 5, 35;
9, 21, I; 9, 35, 2; 9, 42, 24; II, 7, 16;
6, II; II, 6, 2o; II, 24, 4; 12, I, pasII,
sim; 13, 5, 5; 13, 5, 17; 13, 5, 34; 16, 5, 46;
16, 5,
52;
16, 5, 54. qualifications of, 8, 4,
8; 12, i, 33, et passim; NVal 3, 1. ragmen

not to be, 14, 8, 2. recovery of. See actions
for recovery. recruit taxes of, 7, 13, 7.

registrars as, 8, 2, 2. remission of taxes
for, Ii, 28, 9; II, 28, 6; NMarc 2, 1. as
secretaries of judges, 8, 7, 17. in the Sen-
ate, see Senate, conditions for membership
in. as shipmasters, 13, 5, 14; 13, 5, 16.

soldiers not to be, 7, 13, 1. slaves of, 12, 3;
NMaj 7, i. sons of, 8, 2, i; 8, 4, 28; 9,
12, I, 7; 12, I, 22; 12, I, 31; 12, 1,
43; 12, i, 53; 12, I, 57; 12, I, 74; 12, I,86;
12, 1, 97; 12, I,III; 12, I, II8; 12, I, 122123; 12, I,132; 12, I, 174; 13, 5, ig; see
21, I;
also children. sons of apparitors, soldiers,

and veterans as, 7, 22, passim; see also veterans, sons of. as tax assessors, 8, 2, 4.
taxes on property of, see taxes, trials of,
see actions involving decurions. use of
horses by, 9, 30,
1.
use of patronage by,
I, 177. who have

passed to the clergy, succession of, NVal
3; see also Church, service in
deed of gift, see gift
defamatory writings, 9, 34
II, 24, 4. voluntary, 12,
defendants, rights and liabilities of, I, II, 2;

I, 12, 3; 2, 1, 4; 2, 7, 2; 2, 12, 7; 4, i8, i;
9, 1, 2; 9, I,5; 9, I,18-19; 9, 7, 9; 9, 10, 3;
9, 19, 2; 9, 36, 1-2; 9, 37, I-4; 9, 40, passim; io, 8, 3;
lO, 1o, 27; 10, 10, 29-31;
II,30, passim; II,36, I; II,36, 7; II,36,
14; II, 36, 33;
II,
39, 1; II, 39, 12; 16, 2,
31; 16, 5, 41; 16, 7, 3; 16, TO, 12; Sirm. I;

15; NVal 19, 1; 23, 1; 27, 1; 35, 1; NMarc
I, I; see also accused persons
defenders, of the Church, 2, 4, 7; i6,6, 4;

NVal 35, 1. of the fisc, 10, 1O, 32; 10, 15,
2. of imperial household, 10, 4, 3. of
minors, see curators; guardians; tutors.
of the municipalities, I, 29; 3, II,I; 3, 30,
6; 5, 14, 33; 7, I, 12; 7, 16, 3; 8, 5, 59;
9, 2, 5; 10, 22, 6; II, I, 19; II, 5, 3; II, 7,
12; II, 8, 3; 12, I, 177; 12, 6, 23; 12, 19, 3;
13, 10, 7; 13, II, lO; I5, 8, 2; 16, 5, 40;
16, 5, 45; 16, 5, 65; 16, 6, 4; 16, To, 12-13;
NTh 3, I; NMaj 3; see also curators. of

the plebeians, see s.v. of the Senate, 1, 28;
6, 3, 2-3
defense, answering statement of, 2, 14, I

deferments, 2, 7, see delays
degradation, r, 16, 3; 2, 1o, 3; 7, 13, 9; 7, 18,
4; 9, 3, I; 9, 6, 3; 9, 16, 3; 1O, 10, 29;
12, 1, 76; 12, I,92; 15, 1, 43; 16, 2, 41;
NVal 35, I, 2; see infamy; reputation, loss
of; status, diminution of
degraded women, see women
degrees of kinship, in inheritances, 5, I, passim; 9, 42, 2; 9, 42, 4; 9, 42, 9; see inheritance and succession
delays, by consent, II, 33. in exhibition of
games, 6, 4, 7; 6, 4, 34. in fiscal cases,
2, 6, 5; II, 30, 36. fraudulent, I, 29, 5;
2, i, IT. granted by rescripts in cases of
debts, 1, 2, 8; 4, 19, I. of payment of debt,
4, 19, I. of punishment, 9, 40, 13. of tax
payments, 2, 30, I;
II,
I,
18;
13, II,
4;
NVal 1, 3; NMaj 2, 1. in trial of cases,

2, 4, 5; 2, 6, 2; 2, 7, 2; 2, 26,
I;
2, 29, 2;
4, 8, 6; 4, 22, 4; 6, 4, 22; 6, 4, 34; 9, I, 7;

9, i, 18; 9, 3, I; 9, 36, 1-2; io, 1O, 27;
TO, 10, 30; TO, 13, I; II, 30, 21; II, 30,
63-64; II, 31, 3; II, 33; II, 36, passim;

13, 5, 38; NVal 13, i; NMarc I, I
delegation, see mandate

delegations, of barbarians,
12, 12, 5. of
guilds, 12, 12, II. of the provinces and

municipalities, 4, 13, 8; 6, 22, I; 7, I, 9;
23; 8, 5, 57; 'O, 'O, 19; II, I, 34;
II, 7, 18; 1I, 16, 15; IT, 16, 18; 12, 1, 25;
8, 5,
12, 1, 36; 12, 1, 73; 12, I, 166; 12, I, 186;

12, 12; 13, II, 4; 13, II, 9; 15, II, 2;
NVal 13, i; NMaj 3, 1. decrees of in-
struction to,
1,
16, 2; 12, 12; 16, 2, 42
demurrers, see exceptions in pleadings; prescriptions
delinquent taxes; remission of, see taxes, delinquent

delivery, corporeal, 2, 29, 2; 8, 12, i-2; 8, 12,
8; 9, 42, 15. of property, 2, 29, 2; 3, 5, 3;
3, 5, 8-9; 3, 5, 13; 3, 13, 4; 8, 12, passim;
io, 8, I;
TO, 9, 2; II, 36, 25
Delphi, municipal council of, 15, 5, 4

denarismus, tax of, 12, I, 107; 12, I, 123
denarius, 14, 4, To
Dendrophori, 16,
1o, 20
denial of a claim, lo,
1o,
27
department (schola), of imperial secretaries,

6, 2, 26; see secretaries, of secret service,
see s.v.
deportation, exile by, 2, 1,6; 2, i,9; 3, 1o, i;
3, 16, 1-2; 4, 22, 2; 5, 7, 2; 6, 30, 16-17;
7, 12, I; 8, 5, 2; 9, 8, I; 9, 1o, i; 9, IO, 3;
9, 16, 12; 9, 19, 2; 9, 21, 2; 9, 24, 1; 9,
25, 3; 9, 26, 1-3; 9, 32, I; 9, 38, lO; 9, 39,
2; 9, 40, 20; 9, 42, 8; 9, 42, 18; 9, 43, 1;
1o, 1o, 29; 1o, II, I; 10, 16, 3; 1O, 24, 2;
II, 7, 16; II, 14, 3;
II, 36, 14; 12, I, 6;
12, 1, 92; 13, 5, 34;
14, 15, 6; i6, 2, 40;
II, 30, 17; II, 34, 1;

12, I, 9; 12, I, 50;
14, 3, 21; 14, II, I;
16, 4, 3; 16, 5, 21;

16, 5, 34; i6, 5, 36; 16, 5, 40; 16, 5, 46;
16, 5, 53; 16, 5, 57-58; 16, 6, 6; Sirm. 8;

TO; II; 14; 16; NVal 23, I; NMaj 9, I;
NAnth I, I; see also exile; island
deposits, actions on, 9, 40, 21

deserters, from the guilds and municipal
councils, 6, 30, J6-17; 12, I, 29; 12, I, 84;
12, 18; 12, 19. See also decurions, fugitive. from imperial service, 6, 27, 15; 8, 7,
16. military, and their harborers, 7, T8;
NVal 6; see also harborers
despoliation, 2, I, 3; see also brigandage;
forcible entry and seizure; theft
dictator, 12, 12, I
dignitaries, I, lo, 8; I, 15, 16; I, 20, I; I,
29, 4; 6, 2o, i; 6, 23, 2; 6, 26, 3; 6, 27, 13;
6, 27, 20-21; 6, 35, 9; 6, passim; 7, 6, 1;
7, 13, 7; 7, 13, 18; 7, 13, 20; 8, II, 2-3;
9, 27, 6; 9, 30, I; 12, 1, 75; 12, 6, 4; 13,
3, 2; 13, 5,22; 13, 5, 37; 15, 3, 4; 16, 2, 43;
16, 5, 54; NVal 2, 2; 10, i; 1i; 15, 1;
34, i; NMaj 3, I. military, 14, 12, I. vehicles of, 14, 12
dignity, equestrian, 6, 37; 13, 5, 16. of Most
Perfect, 6, 38; see Most Perfect. order of,

6, 5; see order. statutory, 9, 27, 2
diminution of status, see status
dinummus, 14, 27, 2
Diocaesareans, taxes of, 13, II,2

dioceses, 6, 4, 4; 6, 13, i; 6, 26, 4; 7, 6, 3;
7, io, I; 8, 7, 23; lo, 19, 7; 1O, 19, 12;
II, 17, 3; 12, 12, 9; 13, 3, II; 13, 5, 34;
16, i, 3; NTh 5, 1. apparitors in, I, 15,
12-13. delegations of, 12, 12, 9. jurisdiction of, I, 5, 6; I, 5, 12; I,29, i; 16, 2, 23;
Sirm. 2; 3; 4. tax collection in, 12, 1, 97;
12, 6, 17
Diocletian, Emperor, 8, 4, II; 13, 10, 2
Diodorus, Bishop of Tarsus, 16, 1, 3. count

and master of bureaus, T, 1, 6
disbarment, see advocates
discharges, honorable, 7, 18, g; 7, 20, 4;
7, 20, 8; 7, 20, 12; 7, 21, 3; 8, 4, 1; 8, 4, 3;
8, 5, 23; 8, 5, 34; 12, 1, 43; 12, 1, 45;
13, I, 14; NVal 22, 1. honorary, 7, 21, 3;
12, I, 153. from imperial service, 6, 27,
2-4; 6, 35, passim; 7, 22, 3; 8, 7, 8; II,
16, 15; 12, I, II; 13, 3, 16; NVal 22, 1.
medical, 7, 18, 9; 7, 2o, 8; 7, 20, 12; 13,

I, 14. military, 7, I, 4; 7, 20, I; 7, 20, 4;
8, 6, 1; of palatines, 6, 26, 2
disciplinary correction, of near kinsmen, 9,
13. of slaves, 9, 12
E 617 ]
Index
disinheritance, 5, I,4; 16, 8, 28; NMaj 6, i
distraint, distress, see pledges, seizure of
distributions, of the annona; of bread; of
food supplies, municipal, see s.vv. of military subsistence allowances, 7, 4; 7, 6, 5;
II, 5, I; 14, 17, II. See also annona. of
wine, II, 2, 3
distributors of bread (diadotae), 7, 4, 28

divine authority of the Emperors, i6, I, 2
diviners, g, 16, 4; 9, i6, 6; g, 16, 9
divorce, 3, 12, 2; 3, 16; NTh 12, i; 14, I;
NVal 31, I; 35, i. notices of, 3, 16; NTh
12, I; 14, 6
Docimeum mines and quarries of, II, 28, g;
II, 28, i1
document, see also instrument. of a decision,
4, 17; II, 30, 40.. of a deed of gift, see
gift. defamatory, 9, 34, passim. of delegations, 12, 12, passim. sealing of; signatures of; subscriptions of, see s.vv.
documentation of references of cases to the
Emperors, II, 29, 3-5; 11, 30, I; II, 30,
8-9; II, 30, II; II, 30, 16; II, 30, 24;
II, 30, 29; II, 30, 35; II, 30, 41
dole, collection of, ii: i, 2, 7, 8, 14, 15; 12, 6;
14, 4; 14, 15, 17; 14, 25-26; NVal 36; see

cattle collectors; sheep and goat collectors;
swine collectors; prefects of the annona.
distribution of, in Alexandria, 14, 26; in
Carthage, 14, 25; in Constantinople, I, I,
II; 14, 16-17; in Rome, i, 6, 7; 14, 15;
14, 23-24. preparation of. See breadmakers; breadmaking establishments. storage

of, see State storehouses. transportation
of, see shipmasters; transport of supplies
domestics, accusation of patrons by, 9, 6
domicile, 2, i, 7; 2, 16, 2; 7, 2, 2; 7, 20, 3;
7, 21, 4; 8, 12, 3; 9, 17, 6; 9, 42, 20; 10,
22, 6; 12, i, 77; 12, I, 176; NTh 5, 1, 3;
NVal 13, I, 13; NMaj 3, I; see lares;
penates, residence
Domnina, case of, NAnth 3, I
Donatists, heretics, 16,
5,
37-41; 16, 5, 43-44;
16, 5, 46; 16, 5, 52; 16, 5, 54-55; 16, 5, 65;

16, 6, 4-5; Sirm. 12; 14
doorkeepers, of churches, 16, 2, 24
Doris, decurions of, 12, I, 119
dowries, 3, 7, 3; 3, Q3; 14, 3, 13; NTh 14, I;
22, 2; NVal 14, 1; 35, I; NMaj 6, 1. actions for recovery of, 2, 21, 2. in cases of
divorce, 3, 16, 1-2.
of daughter of con-
demned persons, 9, 14, 3. excessive, 2, 21,

1-2. as gifts, 3, 5, 13; 8, 12, 9; 8, 13, 1.
in incestuous marriages, 3, 12, 3. inheritance of, 3, 12, 3; 3, 13, 3; 4, 2, I; 5, I, 5;

9, 14, 3; 9, 42, 8; NTh 14, I; 35, 1. inofficious, 2, 21; 9, 14, 3. restoration of,
3, 13, 2-3; 9, 7, 7; 9, 14, 3; 9, 42, 15;
NVal 35,
1. retentions from, 3, 13, 2;
3, 16, 2. sureties of, 3, 15

dress, 14, to; see also garb
ducenarius, rank of, 8, 4, 3; 10, 20, I; 12, I,5.
of the Caesarians, 1o, 7, 1. of imperial
messengers, 6, 30, 8-9.. of the imperial

service, NVal 36, 1. of the scholarians,
NTh 21, 1. of the secret service, I, 9, I;
6, 2, 26; 6, 27, 8; 6, 27, 20-21. of tax collectors, 8, Io, I; II,7, I; II,7, 9
dukes, apparitors of, see s.v. exemptions and

liabilities of, 6, 4, 28; 6, 26, Q3; 8, 5, 57;
NVal 13, . military, 7, I, 18; 7, 4, 29;
7, 4, 36; 7, 2o, 13; 8, 4, 9; 8, 4, 27; 12, 1,
113; 12, I, 128. of the provinces and

frontiers, i, 7, 2-3; 6, 13, I; 6, 14, 3; 6,
,6, I; 6, 24, II; 7, I, 9; 7, 4, 30; 7, II, 2;
7, 17, I; 7, 22, 5; 8, 4, 6; 8, 5, 66; 9, 27, 3;
II, 24, I; 15, I, 13; 15, II, 1-2; 16, xo, 8;
NTh 24, I; NVal 13, 1. soldiers of, not
to be produced in imperial court, NTh 4

duty, see imposts
duumvirs, municipal, 4, 6, 3; 6, 22, I; II, 30,
19; 12, I, 16; 12, 1, 77; 12, I, 174; 12, 1,
177; 12, 5, 1-2; NMarc 4, I
dyeworks, imperial, I, 32, I; 10, 20, 18;
II, 28, 3
passim; 5, 16,
29; II, I, 4; II, 5, 2; 11,

7, 19; n1, 16, 2; II, 16, 17; II, 19; II,
28, 14; 15, 3, i; NVal 13, 1
emphyteutic law, lease of farms subject to,

Io, 3
emphyteutic tenure of landholdings, 3, 30, 5;

5, 14, 3o; 5, 14, 33; NVal 27, I
Encratites, heretics, 16, 5, 7; 16,
earnest, in betrothals, 3, 5, 1o-1I; 3, 6, i;
9; 16, 5, II
r4, 3, 7; 14, 3, 13
3, 10, I
easement, see servitude

Easter, date of, 16, 5, 9; 16, 5, 12; 16, 6, 6;
16, 10, 24.
5,
endowment of breadmaking establishments,
games forbidden on, 2, 8, 24;
15, 5, 5. legal actions forbidden on, 2, 8,

19; 2, 8, 21; 9, 35, 4-5; 9, 35, 7. pardons
of criminals during, 9, 38, 3-4; 9, 38, 6-8;
Sirm. 7; 8
ecclesiastical actions, see actions. canons, 16,
2, 45. courts, see episcopal courts
ecclesiastics, see clerics
Edessa, decurions of, 12, I, 79; 12, I, 105
Edict, Carbonian, 4, 3. "Either of the Two,"
4, 4, 7. of Hadrian, 4, 4, 7; II,36, 26;
NVal 21, 1. "On What Grounds Children,"
4, 2
edicts, criminal, 10, 10, 29. imperial, Min.

Sen. 4; I, I; I,2, 5; 1, 5, i; 2, 26, I;
2, 27, I; 2, 31, I; 5, 15, 17; 6, 31, I; 6, 36, i;
10, I, 7; 1o, 10, 4; II, 36, 26; 13, 1o, 8;
14, II, I; 15, I,15; 15, 3, 4; 16, II, 2;
Sirm. I; Novels, passim. nominations

made by, II,30, 53. notification by, see
s.v. posting of, I, 2, 3; 6, 23, 4; 7, 18, 8-9;
8, 4, 26; 8, 7, 10; 9, 38, 9; 9, 42, 14; io, 6,
I; II, 1, 34; II,28, 13; 16, 2, 37; 16, 5, 37;
Sirm. 2; 9; 10; 14; 16; Novels, passim.
petitions for, property by, 10, 10, 29. of
praetors, see s.v. of religious unity, 16, II, 2
education, see physicians; professors; architects
Egregious, rank of, 6, 22, I; 8, 4, 3; 10, 7, I;
10, 20, I; 12, I, 5
Egypt, alluvial lands in, NTh 20, 1. Bishop
of Alexandria in, 16, i, 3; Sirm. 3. coloni
in, II, 24, i. counts of, 4, 13, 9; 6, 1o, 3;
6, 13, I; 8, 5, 52; II, 24, 3. decurions in,
12, I, 63; 12, I, 97. dukes of, 6, 14, 3.
levees of Nile in, 9, 32, 1. shipmasters in,
13, 5, 14; 13, 7, i. soldiers in, 7, 4, 31;
NTh 24, 1. taxes in, 7, 6, 3; II, 5, 3
"Either of the Two," edict, 4, 4, 7
ejectment, see forcible entry and seizure
elders, of artisans, 14, 27, 1. of cities, NMaj
7, 1. of Jews, 16, 8, i
elite of the Senate, see Senators Elite
emancipation, of brothers, 5, I, 7. of childreh, 6, 4, 16; 8, 14, 1; 8, 15, 6; 8, 18, passim; 8, 19, I; 9, 14, 3; 9, 42, passim;
9, 43, I; 14, 4, 7. of daughters, 3, 7, I;
5, 1, 3. diminution of status by, 5, I, pas-
sim; 9,42, g. gifts made at time of, 8, r3,

6. of minors, 8, 12, 2. rescission of, 8, 14
i. on Sundays, 2, 8, 1. under tyrants, to
remain valid, 15, 14, 5; 15, 14, 8-9
embezzlement, 8, 7, r4; 1o, 1, 10; 12, 1, 14;
12, I, 117; 12, 6, i; 12, 6, 27; 13, II, 5;
14, 3, 15-16; 14, 17, 6; NTh 6, I; see pecu-
lation
Emesa, decurions of, NTh 15, 2
Emperors, divine power of, 16, 1, 2; see imperial
emphyteutic estates, 2, 25, I; 3, 30, 5; 4, 12,
3; 5, 12, 2-3; 5, 14, passim; 5,15, 15-21;
13, II, 6; 16, 5, 54; NVal 27, 1; 34, 1.
chief tenants of, 5, 12. exempt from extraordinary and menial compulsory public
services, II, 16, passim; I5, 3, 1. taxes and
obligations of, I, II, i; 5, 12, 2-3; 5, 15,
enforcement officers, I, 29, 5; 2, 30, I; 4, 5, I;

8, 8; 1o, 8, 5; II,20, 4; II,36, 18; II,36,
25; 13, 5, 38; 16, 5, 52; NVal 35, i; NMaj
2, I; see execution
Enthusiasts, heretics, 16, 5, 65

entry, forcible, see forcible entry and seizure. on inheritance, see inheritance
envoys, royal, 7, I, 9
Ephesus, Synod of, 16, 5, 66
Epigenes, Count and Master of Bureaus,
i,
i, 6; NTh I, i
Epiphania, municipal council of, 7, 4, 25

Epiphany, day of, 2, 8, 24; 15, 5, 4
episcopal courts, I, 27, 1-2; NVal 35; NMaj
II; see bishops
equestrian dignity, 6, 37; 13, 5, 16

equestrians, 2, 17, I
equity, 1, 2, 3; 1, 5, 3; 2, 1, 5; 2, 28, I; 5,
14, 30; 7, 8, 5; 8, 15, 3; 8, 18, 4; 9, I, 6;
9, I, I5; 9, 40, 5; 9, 40, 7; lo, 18, 2; II,
9, 2;
II, 30,
II; II, 30, go; II, 31, 5; 11,

I; 12, I, 52; 12, I, 173; 12,
5, I; 13, 3, 4; 13, II, 16; 14, 4, 5; 14, 13, I;
15, 3, 2; 16, 2, 6; Sirm. 15; NVal 8, 2;
lo, I;
II, I;
12, I;
13, i; 22, I; 25, I;
27, I; 28, i; NMaj 7, i; NMarc 5, I;
36, 7: 11, 39,
NAnth 3, I
Eron, Count of the Consistory, i, i, 6
Erotius, Ex-Vicar, i, i, 6
errors, of advocates, 2, II. of imprudence,
4, 12, 3. of a judge, 4, 17, 2; 9, 40, 16;
II,30, 57. of occupiers of land, 2, 26, I
escorts, official, see official escorts
estates, see landed estates. of clerics and
monks, 5, 3; 16, 2, passim; see clerics. of
decurions, 5, 2; see decurions. of soldiers,
5, 6; see soldiers
Ethius (Aetius), 16, 5, 8
Eubulus, Ex-Master of Bureaus, 429; Count

and Quaestor, 435, I, I, 5-6
Euchites, heretics, 16, 5, 65
Eudicius, Master of Bureaus, i, i, 5

Eudoxiopolis, citizens of, 15, 1, 42
Eunomians, heretics, 16, 5, 6; 16, 5, 8; 16, 5,
11-13; 16, 5, 17; 16, 5, 23; 16, 5, 25; 16,

5, 27; 16, 5, 32; 16, 5, 34; 16, 5, 36; 16, 5,
49; 16, 5, 58-61; 16, 5, 65; 16, 6, 7; NTh
3, I
Euphrates frontier, 7, II,
2;
15, II,
Europa, appeals in, 1, 6, i

Eusebius, Ex-Consul and Ex-Master of Horse
and Foot, ii,
i,
Eustathius, Quaestor, 1, 8, I
Eutropius, Consul 387, II, 28, 8. Grand
Chamberlain; Consul 399, annulment of
acts of, 9, 40, 17
Eutychianus, Consul 398, 12, i, 16o

Eutychus, member of secret service, Sirm. 12
evangelic doctrine, 16, I, 2
evangelists, 16, 6, 2
eviction, see forcible entry and seizure
evidence, see documents; instruments; witnesses
ex-, see also honorary ranks. ex-administrators, 6, 22, I ; 13, 5, 14. ex-assistant
masters, 6, 26, II. ex-augustal prefect, ii,
24, 4. ex-bishop, II, 36, 20. ex-chamberlain, II, 16, 15. ex-chief of office staff,
[ 6l8 ]
Index
6, 1O, 4; 6, 28, 8; 6, 30, 19. ex-chief physician, 13, 3, 2. ex-commissary officers,
8, 4, 21; 8, 4, 29; II, 24, I. ex-consulars,
6, 24, 8-io; 6, 25, I; 6, 26, 8; 6, 30, Ig;
6, 30, 24. ex-consuls, II, I, I; NTh I, I;
15, I. ex-counts, 7, 8, 3; 7, 23, I; 12, 1, 26;
12, I, 36; 12, I, 41; 12,
i,
75; 12, I, 109.
ex-dukes, 6, 23, 1. ex-ecclesiastics, 16, 2,

20. ex-fiscal representatives, 12, I, 26. exgovernor, 7, 23, I; 12, I, 26; 12, I, 36;
12, I, 41-42. ex-grand chamberlain, 7, 8, 3.
ex-household guards, 12, I, 153. ex-imperial bodyguards, 8, 7, 2-3; 12, I, 153. exmagistrates, 14, 25, 1. ex-master of bureaus, I, I, 5-6. ex-masters of horse and
foot, 7, 8, 3; II, I, 1. ex-master of studies,
12, I, 26. ex-member of secret service, 6,
27, 6. ex-Most Perfect, 12, I, 26. ex-prefect, Min. Sen. 1; 3; 4; 6; 7; I, i, 5-6;
6, 7, 2; 6, 22, 7; 7, 8, 3; NTh I, I. ex-
primates, NVal 35, 1. ex-proconsuls, 6, 4,

I5; 6, 22, 7; II, 24, 4. ex-quaestors, I, I,
5; 6, 9, 2; NTh I, I. ex-secretary, 8, 7, 8.
ex-tribune, II, 24, 4. ex-vicar, I, I, 6;
6, 4, 15; 6, 21, I; 6, 22, 7; II, 24, 4
examination of cases, see courts. under torture, see torture

exceptions in pleadings, 2, 3, i; 4, ii, 2;
II, I, 36; II, 16, 15; II, 16, 18; II, 36, 18;
12, I, 92; 12, I, TOl; 12, 19,
I;
13, I, 6;
13, 6, 4; 13, 7, 2; 15, 3, 6; 15, 14, 12; NTh

5, 1, 4; NVal lo, I, 2; see prescriptions
exchange of money, payments for, NMaj 7, I
execution, by apparitors, I, 27, 2; 6, 2, 2o;
8, 8, passim; 9, 40, 15; 1O, 8, 5; lO, 1O, 29;
NTh 3, I; 7, 4; NVal ig, I. appeals from.
See appeals. by judges, 2, I, 1O; 6, 4, 13;
9, I, 12; 9, 38, 8; NVal 6, I; 8, I; 35, I;
NMaj 2, 1. of laws, 2, I, TO; 5, 7, 2;
5, I8, I; 6, 22, 8; 6, 24, 5; 6, 30, 16; lo,
lo, 12; 10, 10, 27; 10, 26, I; ii, 16, 20;
II, 20, 4;
II,
24, 6; II, 30, 64-65; II, 31,
6; 12, 1: 39, 57, 162; 13, 5: 14, 38; 16, 2:

28, 31; 16, 5: 40, 41, 43, 46, 52, 58; 16,
6, 4; 6, 1o, 13; Sirm. I; 12; 14; 16; NTh
3, I; NVal 6, 2; 36, I; NMaj 3, 1. military, I, 6, II; I, 21, I; 8, 9, I; 16, 5, 65;
NVal 1, 3; NMaj 2, 1. by secret service,
6, 27, II; 6, 28, 4. of sentences, I, 2, 6;
1, 6, II; 4, 5, I; 9, 40, 15; 1o, 26, I; II,
30, 64;
II,
31, 6; IT, 36, 25; 12, I, 162;
NVal 8, I; see enforcement officers

exemptions, of advocates, see s.v. of artisans, 13, 4. of breadmakers, 14, 3, passim. of bureau officials, 6, 26, 14. because
of children and of poverty, 12, 17; see also
children. of churches; of clerics, see s.vv.

from compulsory public services, 6, 26, 7-8;
6, 30, 20; 6, 35, passim; 7, 18, 4; 7, 20, 2;
7, 2o, 8-9; 7, 20, 13; 8, 3, I; 8, 5, 23; 8, 5,
36; 8, 7, 8; 1O, 4, 2; 12, 1, 50; 13, 3, pas-
sim; 13, 4, passim; 13, 5, passim; 16, 2,

passim; 16, 8, passim; NTh 1o, I; 20, I;
24, I; NVal 2, 2; 36, 1. from compulsory
public service: of breadmaking, II, 16, 15;
II, 16, 18; 13, 5, 2; of construction of
bridges and highways, II, 16, 15; II, 16,

18; 16, 2, 40; Sirm. II; see also roads. of
construction and maintenance of public

works, II, 16, 15; II, 16, 18; 15, 1, 5; NTh
1o, I; NVal 2, 2; of construction and repair of public or sacred buildings, II, 16,
15; IT, 16, 18; of decurions, 6, 26, I; 6, 27,
1-2; 6, 27, 16; 6, 35, 3; 7, 1, 5-6; 8, 4, I;
8, 4, 8; 8, 4, II; 12, I, passim; 12, 6, 7;
13, 3, 2; 13, 3, 16; 13, 5, 16, 16, 2, passim;
16, 8, 2-3; 16, 8, 13; NTh 22, 1-2; extraordinary, 6, 23, 3-4; 6, 26, 14; 6, 35, lO;
II, 16, passim; 12, I, 30; 13, 5, 8; 14, 6, 2;

15, 2, I; 15, 3, I; 16, 2, 14; 16, 2, 40;
Sirm. IT; of furnishing artisans, II, 16, 15;
II, 16, 18; of furnishing charcoal, II, 16,

15; II, 16, 18; of furnishing quarters. See
exemption from compulsory quartering. of
furnishing wood and lumber, II, 16, 15;
II, 16, 18; incumbent on persons, 6, 35, I;
6, 35, 3; 7, 2o, 6; 12, 17, I;
4, 4;
13, 4, I;
13,
6, 2, 24; 16, 8, 2; of limeburning,
6, 23, 3-4; II, 16, 15; II,
16, 18; of a
menial nature, 6, 23, 3-4; 6, 26, 14; 6, 35,

I; 6, 35, 4; II, 16, passim; 12, 5, 2; 13, 3,
12; 14, 4, 6; 16, 2, To; 16, 2, 14-15; 16, 2,
40; Sirm. IT; as official escort, 6, 37, I;
13, 4, 4; 16, 8, 2; of payment of expenses

of delegates and the elite, II, 16, 15; II,
16, 18; of a physical nature, 6, 35, 3; 7,
2o, 6; 12, I, 191; 16, 8, 4; of public post
maintenance, II, 16, 15; IT, 16, 18; 16, 2,
To; 16, 2, 14; of Senators, 6, 24, 7-II; 6,
25, I; 6, 26, 12; 6, 27, 6; 6, 27, 22; 6, 35, 7;
6, 36, I; 12, I, 189; 13, 3, 2; 13, 3, 15-16;
13, 3, ig; of shipmasters, 8, 4, II; 13, 5,
18; 13, 5, 20; of transport, 8, 4, II; 16,
2, 40; Sirm. II. from ,compulsory quartering, 6, 23, 4; 7, 8, passim; II, 16, 15;
13, 3, 3; 13, 3, lO; 13, 3, 16; 13, 3, 18; 13,
4, 4; 16, 2, 8; NTh 25, 1. of daughters of

Senators, 6, 2, 12; 6, 4, 17. of deacons, x6,
2, 24. of decurials; of decurions, see s.vv.
of decurions and silentiaries, 6, 23, 1-4. of
fathers, see s.v. from guardianships, I, 29,
4; 3, 17, 4; 3, 31; 13, 5, 7. of guildsmen,
see s.v. of imperial bodyguard, 6, 24, 7-11.
from military service, 7, I, 5; 7, 13, passim; 7, 20, 12; 7, 22, 10; 13, 3, 3; 13, 3,
10; 13, 3, 16; NVal 5, I. from municipal
council, see exemption from compulsory

public services of decurions. from municipal magistracies, 6, 35, 3; NVal 2, 2. not
to be granted to ships, 13, 7; NTh 8, 1. of
palatines, see s.v. from personal services,
II, lo; II, 16, I;
II, 6, I8. from the
praetorship. See praetors. from punishment,
9, 7, I; 9, 21, 2; see also pardons. from punishment, corporal, 6, 37, I; 12, 1, 39; 12, I,
47; 12, I, So; 12, 1, 85; 12, 1, 126; 12, 1,
128; 12, I, i9o. of shipmasters, 3, 31, I;
13, 5, 3; 13, 5, 22. of soldiers, see s.v. from
6,
2,
36. from torture, see s.v. of veterans,
7, 20, passim; see s.v.

exile, 7, lo, I; 8, 5, 17; 9, 3, 6; 9, 21, 1; 9,
23, I; 9, 36, 2; 9, 40, 22-23; 9, 42, 20; 14,
9, 3; 14, 10, 1-3; 14, 14, I; 15, 8, 2; 16, 2,
35; 16, 5, passim; I6, 6, 4; 16, 8, 26; 16,

10, 23-24; Sirm. 2; 6; 8; I1; NTh 3, I;
NVal 18, I; NMaj 9, 1; see deportation;
island, exile to; relegation
exorcists, 12, I, 121; 16, 2, 24
expeditionary ports, 13, 5, 35; 13, 9, 2
expeditions, military, service on, 6, 24, 6;
6, 27, 7; 6, 36, I; 8, 5, 66; 8, 7, 4; 12, I, 52;
NVal 13, 1. supplies for, 7, 4, 4-6; see campaigns
expenditures, on shows, 6, 4, passim; 15, 9;

see also amusements
expenses, of captives, see s.v. of delegates and
the elite, II, 16, 15; II, 16, IS; NVal 13, 1.
of foundlings, 5, 9; Sirm. 5. of public
works, see s.v. of suits, 4, 18; 9, 37, 4; 1O,
lO, 31-32; 10, 12, 2; lO, 13, I; NTh 4, 1;
NVal 35, I; NMarc I, I. of witnesses. II,
39, 13
exports, of goods and money, 7, 16, passim;
9, 23, 1. taxes on, 4, 13, 8; see imposts
exposure of infants, 5, 9-1o
extortion, by advocates, see s.v. by apparitors,

6, 29: 2, 5, II, 12; 8, io; see also apparitors,
corruption of. crime of, I, 16, 7; 2, 29, I;
4, 13, I; 7, II, 2; 7, 16, 3; 8, 4, 2; 8, 4, 6;
8, lO; 9, 27, passim; II, 7, I; II, 20, 4; 12,
I, 117; 12, 6, 22; 13, 5, 9; 14, 3, 22; 14, 16,
3; NTh 7, 2; 24, I; NVal I, 3; 32, I;
NMaj 2, I; 7, 1. by decurions; landholders,
see s.vv. by public officials, 9, 27; II, 18, I;
NTh 7, 2; NVal 7, 2. by secret service,
6, 29, passim. by tax collectors, I, 16, II;
7, 2o, 2; 8, 1O, 3-4; 1o, I, 16; 10, 17, 3;
II, I, 34; II, 7, 1; IT, 7, 20; II, 8, 1-3;
II, 26, 2; 12, 1, 186; NVal 1, 3; 7, 1;
NMaj 2, I; 3, I; 7, I
extraneous persons, accusation by, 9, 7, 2.
gifts involving, 8, 12, 7; 8, 18, 6; 8, i8, To;
13, 6, 6; 14, 3, 3; 14, 4, 5; NMaj 6, 1. inheritances of, 3, 12, 3; 5, 1, 9; 9, 14, 3; 1o,
14, I; 13, 3, 3; 16, 7, 6; NTh 16, I; 22, 1-2;
NVal 25, i; NMaj 6, 1. rank of, 6, 37, L
in sales, 3, 1,6; 3, 8,
2; 13, 6, 6.
2;
5, 16, 34; 13, 6,
taxes of, II, I, 33
supervision of breadmaking establishments,

14, 3, 18. from supervision of public post,
8, 5, 23; 8, 5, 34; 8, 5, 46. from tax collection, 6, 35, 3; 6, 35, 6; 7, 18, 3; 8, 7, 8;
IT, 6, 6; II, 16, 15; II, 6, 18; 12, 6, 6;
12, 6, 9; 6, 2, 1. from taxes, 4, 13, 8; 5,
II, 8; 5, 14, 30; 5, 15, 14; 6, 23, 2; 6, 23,
4; 6, 26, 3; 6, 26, 12; 6, 26, 14-15; 6, 27, 6;
6, 37, I; 7, 13, 6-7; 7, 20, 2-4; 7, 20, 8-9;
7, 20, II; 8, 1, 3; 8, 5, 42; 1O, 3, 2; 10, 25,
I; II, I, I; II, I, 33; 1I, 12; IT, 16, pas-
extraordinary trials, see courts; judges; trials

extras, not furnished to quartered persons,
sim; II, 18; II, 20, passim; II, 28, passim; 12, I, 50; 13, I, passim; 13, 3, 2; 13,
3, 15-16; 13, 3, 19; 13, 4, 4; 13, 5, 5; 13,
5, 16-17; 13, 5, 23-24; 13, To, passim; 13,
II, passim; 16, 2, passim; Sirm. II; NTh
24, I; 25, I; NVal 2, 2; NMaj 2, I; see
Falcidian fourth, 2, 19, 4; 5, 1, 4; 9, 14, 3;

16, 8, 28; NTh 22, 1-2; NMaj 6, I
also impost. from taxes in horses, 6, 23, 2;

6, 26, 3; 6, 26, 14-15; 6, 35, 2; IT, I; 12,
I, 138; 13, 3, 2. from taxes in recruits, 5,
6, 3; 6, 23, 2; 6, 26, W4;6, 27, 13; 6, 30,
20; 7, 13, passim; 7, 22, 12; II, 16,
12;
II,
18; NVal 5, I; 6, 3; from taxes, Senatorial, 6, 2, 4 6, 2, 22-23; 6, 2, 26; 6, 23, I;

6, 23, 4; 6, 24, 8-io; 6, 26, 14; 6, 27, 22;
6, 37, 1; 12, I, 138; 13, 3, 15-16; 13, 3, 19.
from taxes on tradesmen, 13, I, passim;
13, 4, 4; 6, 2, 8; 16, 2, 10; 16, 2, 14-15;
7, 8, To; 7, 9
Fabian Law, 9, 18; 9,
20, I
factions, of the circus, 15, To, 1-2. directors
of, 15, lo, I; heretical, see heretics
factitious titles, 6, 22, 7-8; 12, I, 27; NVal
2, 2; see honorary ranks
Facundus, Ex-Proconsul, 6, 4, 15
false doctrines, of astrologers, 9, 16, 8; 9, 16,
12; 16, 5, 62. of heretics, 6, 5, passim;
16, 6, 2-4; 16, 7, 3; 16, TO, 20-21; Sirm. 2;
6; 9; NTh 3, I
falsehood, action for, II, 39, 10
famine, prevention of, 14, 6, 1; NVal 12, 1;
33, I
farmers, of the Emperor, fisc, and privy
purse, 5, 16. protection of, II, 16, 4; II,
24, 2; II, 24, 5. and slaves, of the Emperor, 5, 16
farm products, interest on, 2, 33. sale of, see
sale. shortage of, 5, 6, 3
farms, border, in the Orient, 5, 12, 2; NTh 5.
of breadmakers, 14, 3, passim; NVal 34.
[ 619
Index
emphyteutic, see emphyteutic estates. fertile and infertile, taxes on, 5, 14, 30-36; 5,
15, passim; 5, 6, passim; II, I, lo; II, I,
17; 13, II, 4; 13, II, 6; 13, II, 9; NTh 20,
I; 26, I; see lands, fertile; lands, sterile.
granted by the Emperors, II,20; see lands
granted. of imperial household, rescission of
sales of, NTh 19. municipal, income from
used for public works, 15,
1,
32-33. not to
be leased by decurions, NTh 9, 1. not to

be purchased without assumption of taxes,
II,3. patrimonial, 5, 12; see patrimonial
estates. patrimonial, emphyteutic, and privy
purse, taxes from, 5, 19. patrimonial, exempted from extraordinary public services,
II, r6, passim; NTh 26, I. patrimonial,
ownership and cultivation of, 5, 14, passim;
5, 15, passim; 5, 16, passim; NTh 26, 1. of

privy purse, see privy purse, landed estates
of. subject to emphyteutic law, to the municipalities, and to the temples, lo, 3. subject to municipal councils. See municipal
councils, property of. subject to payment
of lime, 14, 6, 1. for support of the border
militia, 5, 12, 2; NTh
5, 1-3.
woodland pas-
ture, see pasture

fathers, accusation of adultery by, 9, 7, 2.
accused or condemned, 9, 14, 3; 9, 42, passim; 9, 43, I. of administrators, gifts to,
8, 15, 6. of apparitors, 8, 4, 8; 8, 7, 19.
decurions as, 6, 26, I; 7, I, 6; 7, 2, 2; 1O,
22, 6; 12, i, 7; 12, I, 55; 12, T, 64; 12, I,
113; 12, I, 124; 12, i, 147; 12, I, 164; NTh
22, 1-2; NMaj 7, i; see also children of
decurions. emancipation by, see s.v. exemptions of, 7, 13, 7; 7, 20, 4; 12, I, 55; 12,
17, x; see also children, exemptions because
of. of exposed children, 5, 9, i. gifts by,
see s.v. gifts to, 8, 18, 1-2. inheritance and
succession of, 3, 5, 2; 3, 5, 9; 3, 12, 3; 4,
I, I; 4, 6, 2-3; 5, i, passim; 6, 4, 17; 7,
8, 16; 8, 18, passim; 8, 19, I; 9,14, 3; 9, 24,
I; 9, 42, passim; 16, 7, 6; 6, 8, 28; NTh
14, I; 22, i; NVal 25, I; 35, I; NMaj 5,
I; 6, i; NAnth I, i. marriage arrangements made by, 3, 5, passim; 3, 7, 1. of
natural children, see s.v. of persons in service of Church, NMaj 6, i; II, i. and possession of maternal property, 8, 18, passim;
8, 19, I; NTh 14, I; see property, maternal. as procurers, 15, 8, 2. sale of children by, 3, 3; see children, sale of. of slave
children, see children of slave unions. status
of, children who follow, 4, 12, I; 8, 4, 8;
8, 4, 28; 8, 4, 30; 8, 7, 19; 1O, 20, 17; 12,
I, 18; 12, 1, 51; 12, I, 64; 12, 1, 74; 12, 1,
79; 12, I, 89; 12, I, 101; 12, I, 105; 12,
I, 122-123; 12, I, 125; 12, T, 147; 12, I, 164;
12, I, 184; 12, I, 187; 12, 17, I;
14, 3, 5;
14, 4, 8; 14, 7, I; NTh 22, 1-2; NMaj 7,

I. of synagogues, 16, 8, 4. of thirteen
children, 12, I, 55
fathers-in-law, gifts to, 8, 15, 6. gifts of,
NTh 22, 2
Faustina, NMaj 7, i
favor, special grants of imperial, see privileges, special

fear, see intimidation
federated allies, 7, 13, 16; NTh 24, I; NVal

9, I
fees, of apparitors, I, 29, 5; 6, 24, 3. of counts
of the stable, II, I, 29; II, 17, 3. of dukes,
8, 4, 6; 8, 4, 9; 8, 4, 27; NTh 24, 1. of
dukes and tribunes, 7, 4, 29. of imperial
bodyguards, 6, 4, 23. of physicians and professors, 13, 3, passim. prohibition of, I, 31,
2; 8, II, passim; II, 1, 29; II, II, i; 13,
5, 36-37; 13, 9, 6; NVal 32,
1.
of tax col-
620
lectors, NMaj 2, I; 7, i. of tribunes of soldiers, 7, 4, 28

fertile lands, see lands
festal days, see days
fictitious sales, see sales
fideicommissary, see trusts
fiduciary obligation, 5, I, 3; 15, 14, 9
field army, 5, 6, I; 7, i, 18; 7, 4, 22; 7, 13,
7; 7, 20, 4; 7, 22, 8; 8, i, 'o; 8, 4, 17; 12,
I, 38. secondary, 7, I, 18; 8, I, Io
field rations, 7, 4, 4-6
fines, I, TO, 4; I,29, 7; 4, 8, 5; 4, 8, 8; 5, 14,
33; 5, 17, 3; 6, 4, 20; 6, 1o, i; 6, 26, 16; 6,
29, 2; 7, 4, 21; 8, 5, 50; 8, 5, 61; 8, II,3;
9, 28, I; 9, 33, I; 9, 40, 8; lO, I, 5; 1O, I,
16; II, 12, 4; II, 16, 7-8; iT,16, II; II,
18, I; II, 30, 32; II, 30, 43-44; II, 30, 50;
II, 3o, 65; II, 31, 5; II, 32, I; II, 36, 23;
12, I, 50; 12, I, 126; 12, 6, 18; 12, 6, 22;
12, 12, 7; 13, 5, 30; 13, 9, 6; 13, II, 8;
13, II, II; 14, 15, 5-6; 15, 2, 3; 6, 2, 5;
6, io, 13; NVal 8, I; 24, I; NMaj 6, i;
II, I; NMarc 3, 1. of gold, i, 6, 9; i, io,
7-8; I, 12, 6; I, 12, 8; I, 15, 16; I, 20, I;
1, 29, 6; 2, 1, 8-9; 2, 23, I; 3, II, I; 5, 17,
2; 6, 4, 13; 6, 4, 22; 6, 18, i; 6, 22, 2; 6,
22, 7; 6, 23, 3-4; 6, 26, 5; 6, 26, 15; 6,
27, io; 6, 27, 15; 6, 28, r; 6, 28, 4; 6, 28,
8; 6, 30, To; 6, 35, 9-10; 7, I,2; 7, I,15;
7, 1, 17-18; 7, 4, 30; 7, 4, 32; 7, 7, 3; 7,
8, 5; 7, 8, 7; 7, 8, 9-10; 7, 1O, I; 7, 13, II;
7, 17, 1; 7, 18, 9; 8, i, i; 8, i, 14; 8, i, 16;
8, 5, 38; 8,
5,
40; 8, 5, 57-59; 8, 5, 62-63;
8, 5, 66; 8, 7, 18; 8,7, 21; 8, 8, 2; 8, 8,

4; 8, 8, 9; 8, II, I; 8, II, 4; 9, 3, 6-7; 9,
17, 2; 9, 17, 4; 9, 17, 6; 9, 40, 15-16; 9,
42, II; 1O, 3, 5; 10, 6, I; To, 1o, 22; o,
1O, 29; 10, 20, 2; 1o, 2o, 6-9; 1O, 20, 11-13;
1O, 20, 18; 1O, 22, 5; II, 7, 17; II, 7, 20-21;
II, 14, 2; II, 16, 20; II, 20, 4; II, 22, 5;
II, 24, 2; II, 24, 4; II, 30, 22; II, 30, 25;
II, 30, 29; II, 30, 31; II, 30, 33-34; II,
30, 51; II, 30, 58-59; II, 30, 64; II, 36,
13; II, 36, 26; II,36, 31; 12, 1, 47; 12, 1,
85; 12, I, nTO; 12, I, 128; 12, I, 146; 12,
also fiscal actions. advocates of, see s.v. aid

to indigent parents by, II,27, 1-2. alienation of property by, lo, I, I. assumes costs
of games, 6, 4, 6. assumes losses of shipwrecks, 13, 9, 4. claims to inheritances by,
5,
1,
9; 9, 14, 3; 9, 42, passim; NMaj 6,
x. confiscation by, see s.v. farmers and

slaves of, 5, I6. fines paid to, i, 6, 9; I,
29, 6; 2, i, 6; 2, 29, I; 3, 30, 4; 4, 8,8;
4,9, I; 6, 28, 4; 6, 30, 1o; 6, 31, I; 7, I, 2;
7, 7, 3; 7, 8, 5; 7, 18, g; 8, 5, 53; 8, 5, 59;
8, 8, 4; 8, II, 2; 9, 17, 2; 9, 17, 4; 9, 21,
4; 9, 40, i5; io,6, I; 1O, 20, II; 1O, 22, 5;
II, 30, 6; II, 30, 8; II, 30, 25; II, 30, 34.
II, 36, 10; II, 36, 13; II, 36, 16; II, 36,
31; 12, i, 47; 12, I, 85; 12, i, 146; 12, I,
179; 12, 6, 2; 13, 3, i; 13, 5, 36; 14, 3, 20;
15, II, 2; 16, 5, 52; 16, 5, 54; Sirm. 13;
NVal 6, I; 15, 1; 33, i. incorporation of
property by, 9, 42, I; lO, 9. investigation

by, I, 10, 4; 3, I, 2. offices responsible to,
8, I, I. ownership of caducous property by,

10, lo, passim; NMaj 5, I; see also prop-
erty, caducous. payment of salaries by, 7,

I, II; 8, 7, 17; 13, 3, II. payment for slaves
by, 9, 21, 2.
property belonging to, 4, II,

I; 4, 13, 2; 4, 15, 1; 5, 7, I; 1O, 1, 2; 1O,
20, 18; II, 7, 21; 12, I, 4; 12, 1, 48; NTh
17, 1-2; NMaj 5, x; NMarc 2, I. property
obtained from, 5, 13, 1-2; 5, 15, 17; 1O,
24, I; 12, II, I; 13, 6, 6. recovery of property from, 9, 21, 2; 9, 43, I; II, 20, I-2.
slaves of, see fiscal slaves, tax payments

to, I, 28, 3; 4, 13, passim; 5, 12, I; 5, 15,
17; 6, 3, 2; lo, I6, 1-2; To, 19, 1o; II, I,
7; II, I, 12; II, I, 16-17; II, 3, 1; IT, 7,
4; 11, 7, 11-12; II, 7, 16; II, 9, 2; II, 12,
3; II, 14, I; II, 20, 6; II, 24, 1-2; 12, i,
14; 12, 6, 13; 12, 6, 16; 13,
I,
13, 5, 33; 13, 6, 8; 13, II,
9; 13, II,
16, 2, 15; NTh 5, 3; NVal i,

I; NMaj
I; 32,
2,
I, see privy purse;
fiscal actions, 2, 6, 5; 2, 8, 26;

1o, 1o, passim;
13, 5, 36; 13, 5, 38; 13, 7, I; 14, I,6; 14,

3, 20-21; 14, TO, I; 14, 15, 4; 14, 16, I;
14, 16, 3; 14, 19, I; 15, 1, 27-28; 15, 1, 37;
15, 2, 2-3; 15, 2, 8-9; 15, 7, 5-6; 15, II, 2;
15, 12, 2; 16, 2, 34; 16, 2, 39; 16, 4, 5;
14, I,
6, 4, 1-3; 6, 4, 7; 6, 4, 18. of silver, 7, 18,

8; 8, 5, 35; 8, 5, 58; II,30, 34; II,30, 48;
II, 36, 5; II, 36, lo; II, 36, 15-16; II, 36,
20; II, 36, 25; II, 36, 30; 12, I, 24; 14, 3.
17; 16, 5, 52; 16, 5, 54; see also fisc, fines
paid to; largesses, fines paid to; Senators,

fines of
fire, losses by, 4, 20, 1. penalty of, 7, I, 1;
7, 13, 5; 7, 18, 2; 7, 18, 4; 7, 18, 6; 9, 6, 1-2;
9, 7, 6; 9, 9, I; 9, 15, I; 9, 16, I; 9, 21, 5;
9, 22, 1; 9, 24,
1-2;
9, 29, 2;
9,
32, 1;
1o,
4, I; 12, I, 179; 13, To, 8; 6,8, i; NTh

17, i; see also punishment, capital. prevention of, 15, 1, 4; 15, 1, 38-39; 15, I, 45-46
first order, counts of, see counts
fisc, actions between private citizens and,
2,
6, 5; 10, I, I; 10, I, 5; 1o, 8, 5; I0, To, 3;

10, 15,
1-2;
IT, 30, passim; 13, II, 16; see
1o,
1.
bread, 14, 19,
r. chest, in the provinces, 8,
1.
I, passim;
10, 15, 4; II, 30, passim;
II, 36, passim; NMarc 2,
To, 15; 16, 1o, I9; Sirm. 9; 12; I3; 14; 16;
NTh 3, I; 5, 1-3; 6, I; 10, I; 17, i; 18, i;
19, i; 20, I; 21, I; 24, I; 25, i; 26, I;
NVal 2, 2; 3, i; 6, 1-2; 12, I; 13, I; 6,
I; 17, I; 18, I; 19, I; 27, I; 28, I; 33, I;
35, 1; NMaj 4, 1; 7, I; II, I. of grain,
16;
7, I; 13,
2;
treasury
I, 150; 12, I, 176; 12, I, 179; 12, I, 181;

12, I, 192; 12, 6, 30; 12, II, 2; 13, 5, 9;
16, 5, 21; 16, 5, 30; 16, 5, 40; 16, 5, 46; 16,

5, 52; 16, 5, 65; 16, 6, 4; 16, 1o, 10-12; 16,
15; 13, 5, 4;
debtors, I,
1,
12.
clerks,
II, 2; 3, 32, 2; 4, 20,
r; 6, 4, 6; 6, 30, 4; 6, 38, i; 8, 8, 8; 'o,

7, I; 1o, 16; 10, 17, 1-3; II, 7, 4-5; II, 7,
16-17; II,28, 5; I, 30, 14; II,30, 21; II,
30, 28; II, 30, 39; I, 30, 46; II, 36, 6;
II,36, 8; II,36, 12-13; II,36, i8-1g; NVal
I, 1-3; see also debtors, public; taxes, delinquent. law, To, I. mints, 9, 21, 7. representative, apparitors of. See apparitors.
representatives, appeals from, see appeals.
representatives, authority and functions of,
I, II,
I,
I;
I, 12, 2; I, 15, 2;
I,15,
9-1o; 2,
5, 14, 31; 5, 15, 19-21; 6, 22, 3;

6,28, 2; 6, 30, 4; 8, 4,7; 8, 5,3; 9, 42,
7; To, I, 7; io, 8, 2; 1O, 8, 4; To, 9, I; 1O,
II;
II, I; II,
7, 8; II, 7, II; II, 19, 4; II, 27,

8; II, 30, 33; 12, 6, 2; 13, 5, 5;
13, 5, 17; 15, 14, 1o; NVal 7, 2. representatives, court of, I, 15, 2; 2, 1, 5; II, 30, 18;
2; II, 30,
II, 30, 28; II, 30, 41; II, 30, 45; II, 30,
49; II, 30, 68; II, 36, 29. representatives,

honorary, 12, I, 26. representatives, of the
privy purse, I, II, 2; 8, 7, 6; 9, 42, 7; IO,
I, 2; 1O, 2, I; 1O, 4, 3; 15, 14, To. representatives, sons of, 12, I, 14. slaves, 4, 12,
3; 5, 16;
10, I, 2; NAnth I, I. stores, 7,

4, 16; 8, 5, 23; 8, 7, 17; II, 14, i; 15, 1,
4. storehouses, 12, 6, 16; 15, 1, 12; 15,
1o, I. tribute, NVal 13; see fisc, tax payments to

fish, price of, 14, 20
Index
flamen, office of, 4, 6, 3; 6, 22, I;
12, 5, 2; NMarc 4, I
Flaminia, use of horses in, 9, 30, I
12, I, 21;
Flavianus, jurisdiction of, in Africa, 7, 4, 33

Flavius Laurentius, Secretary of the Senate,
Min. Sen. 8
Flavius Paulus, Prefect of City, Min. Sen. I
flax, steeping of, NVal 13, I
fleet, barbarian, NVal 9, 1. of Constantinople,
8, 7, 21. provost of, 7, 20, 1o. of Seleucia,
1O, 23, 1. of shipmasters, 13, 5, 27; 13, 5,
32
flogging, I, 32, 3; 2, 14, 1; 4, 6, 2; 8, 2, 5;

8,4, 14; 9, I, 15; 9, 12, 1-2; 9, 35, 2; 9, 37,
2; 9, 37, 4; II,7, 3; II, 7, 7; 12, I, So;
12, i, 85; 12, I, 117; 12, I, 153; 13, 3, I;
14, 3, 21; 14, 9, I; 16, 2, 5; 16, 5, 21; 16,
5, 40; 16, 5, 52-54; 6, 5, 65; 16, 6, 4; NTh
18, I; 21, i; NMaj 7, I;see also punish-
ment, corporal
Florentius, Consular, NTh 26, 1. Praetorian
Prefect, Ex-Consul, NTh 15, I; 18, I
follis, a coin, 6, 2, 13; 6, 2, 15; 6, 4, 5; 6,
3;
9,
23,
I;
II, 36, 2-3;
14,
4, 3; 14, 24, I; NMarc 2, 1,4

7, 4, 12
"food money,"
food, for prisoners and captives, 5, 7, 2; 9,

3, 7; Sirm. 16. rations, municipal, 14, 17;
see also meat. supplies, baking and transportation of, 7, 5. supplies, caducous, 14,
9, 2; 14, 17, I. supplies, military, 7, 4, 4-6;
7, 5, passim; 8, 4, 6; II, 16, 18; see also
subsistence allowances. supplies, municipal,
distribution of, 14, 17
force, see fraud; intimidation; violence

forcible entry and seizure, 2, I, 3; 2, 4, 5-6;
2, 26, I; 2, 29, 1-2; 4, 18, 1; 4, 22, passim;
8, 12, i; NVal 8; 35, I
foreigners, I,34, I; 4, 6, 3; 6, 37, i; 8, 1,9;
16, 5, 36; NVal 31. marriages with, 3, 14;
NVal 31. as recruits, 7, 13, 7; 7, 18, 2. as
registrars, 8, I,9
forfeiture, 3, 30, 5; 4, 13; 5, 15, 15-16; 5,
15, 18; 12, 6, 2. annulment of provisions
for, 3, 2
2, 27, I; 4, 4, 5; 7, 8, 4; 7, 18, II;
9, 19; 9, 20, I; 9, 35, I; II, 1, 2; II,39, 4;
forgery,
II,39, 6-7;
12,
I; 9, 21, 8; To, i, 16; io, 16,
II, 36, 1;
2,
14, 4, iO; 14, 15,

8-9; 16, 5, 6; 16, 9, 3.
in inheritances, 3, 8, 2; 16, 5, 49; 16, 5,
Flavial praetor, 6, 4, 5; 6, 4, 13
4, 21; 7, 20,
12; II, I, 20; 12, I, 33;
5; 15, i, 25; 15,
6, 27; 16, 5, 16; NTh I, I.
the Cornelian Law on, 9, 19
58; 16, 7, 7; NVal 18, 1. Interdict of, 2,

16, 1. in marriage contracts, 3, 5, 4; NMaj
6, 1. of patrons of guilds, 14, 4, 9. property acquired by, 2, 14, I; 5, 12, 2; 1O, I,
5; 1o, I, lo; To, 8, 2; 1O, 8, 5; 13, 5, 29;
15, 1, lo; NMaj 5, 1. in purchases and
sales, 3, I, 1-2; 12, 3, I; NVal 15, i. rank
obtained by, 2, 29, i; 6, 14, 2; 12, I, 49;
12, I, 94; NTh 15, 2. of registrars, II, I,
9; II, I, II; 12, 6, 27; 13, 1O, I; 13, 1o, 8.
of shipmasters, 13, 5, 34; 13, 5, 38; 13, 7, 2.
of supervisors, 6, 29, 6; 8, 5, 21. of tax
collectors, I, 15, 6; I, 15, 1O; I, 15, 14;
i; 8, 5, 64; II, 1, 31-32; II, 8, 3; 12,

6, 9; 12, 6, 12; 12, 6, 18-19; 12, 6, 27; 13,
7, 6,
II, 5; 14, 4, 3; NVal 7, 2; NMaj 7, I;

NMarc 2, I. of taxpayers, II, I, 20; II,
22, 2; II, 24, 4; II, 36, 8; I, 36, 27; 12,
I, 33; 13, II, 5. in trials, I, 29, 5; 2, 14, I;
6, 28, 4; 1O, I, 7; NTh 7, 2. in weights,
NVal 16, i; NMaj 7, i
Frediani, 16, IO, 20
freeborn persons, 3, 3, I; 4, 6, 7; 4, 8, 5-7;
4, 12, 3; 7, 13, 16-17; 7, 18, 4; 8, 13, I;
9, 35, 2; 9, 37, 4; 1o, 20, 3; II, 39, 13; 12,
I, 50; 12, I, 178-179; 13, 4, 4; 14, 7, I; 14,
TO, 4; 16, 5,
21;
16, 5, 65; 16, 8,
22;
NTh
3, '; 18, i; NVal 23, 1; 31, i; NMaj 7, I;

NMarc 4, I; NAnth I, i. not to be sold
to barbarians, 5, 6, 3; NVal 33. not to be
subjected to slavery, 10, 1O, 25. who were
enslaved in the time of the tyrant, 5, 8
freedmen, of absentee owners, 4, 22, 4. accusation by, 4, 1O, 2; 9, 5, I; 9, 6; NVal
25, 1. actions involving, see actions. and
their children, 4, lo; 8, 13, i; NVal 25,
I; NAnth i, i. as clerics, 5, 3, 1. compulsory public services of, 4, 8, 9; 14, 3,
9-10. gifts to, 8, 13, 3; 14, 3, lo; NMarc
5, i. gifts by 4, 4, 7. and grandchildren
of their patrons, 2, 22, I; NVal 25, 1. in
guilds, 14, 3, 9-1o. inheritance and succession of, 2, 19, 3; 2, 22, I; 4, 4, 7; 4, 6, 7-8;
4, io, passim; NVal 25; NMarc 5, I;
NAnth I,I. not to hold public office, 4,
lo, 3. patrons of, see s.v. property of, 14,
3, 9-lo; see also peculium. punishments of,
Fortunatus, case of, NAnth 3, I

fortune tellers, 14, 7, 2
forum, see court. of Jews, 2, I, 1o; see Jews,
9, 5, I; 9, 6, passim; 9, 18, i; NVal 25, 1.

ungrateful, 4, To, passim; NVal 25, 1.
see s.v. of shipmasters; of soldiers, see s.v.

actions. of women, 2, I,7; 13, 5,12
Forum, prices in, 14, 4, 4
foundlings, 5, 9; Sirm. 5
fraud, 2, 15; see also corruption. of accountants, 7, 4, 28; 8, 1,passim; 9, 42, . actions
on, 2, 15, I; 13, 5, 29; 15, 14, 8-9. of administrators of imperial estates, I, 32, 2;
II, 17, 1.of apparitors, I, 12, 2; 8, 4, 2o;
granted by non-owners, 4, 9. granted by

masters, see manumission. granted by testa-
union of with their patronesses, NAnth I,
actions involving. of litigants, 4, 16, 2; 9,

i. who revert to slavery, 4, 8, 6; 4, 1O, I;
7, 9; 13, 5, 12; NVal 35, i; NMarc I, i.
4, 10, 3. as witnesses, 2, 7, I
of plaintiffs, 2, I, 4; NVal 35, I. prescrip- freedom, actions involving, 4, 8; 5, 8, I; 5,
tion of, i,6, II; 1, 29, 2; 2, i, 6; 9, I, I;
TO, I; 6, 4, 16; 8, 9, I; 9, 20, I; 1O, 1o, 33;
9, 7, 9; II,30, 65; 12, i,164; NMarc I, i.
14, 7, ia; 15, 14, 9; 15, 14, 13. of captives;
abolition of prescription of, NTh 7. right
claims for; by emancipation, see s.vv.
of, see forum, prescription of. of Senators,
granted in the churches, 4, 7; 16, 6, 4.
9, 42, 7; II, 20, 4; 14, 3, 12; 14, 3, 22; 14,

4, 3. coloni obtained by, 5, 6, 3. of decurions, 12, 1, 12; 12, 1, 33; 12, 1, 43; 12, 1, 49;
12, I, 117; 12, i, 143-144; 12, I, 159; 12,
i, 161; 12, I, 172; NTh 9, I; 22, 2; NVal
3, 1. of escorts, official, 13, 9, 4. of fiscal
advocates, 1O, 15, 3. in gifts, 8, 12, 5; 9,
14, 3. of guardians, 2, 16, 1. in the impetration of rescripts, I, 2, 6; I, 2, 8-9; 7, 20,
ment, 4, 7, I; 16, 8, 28; NTh 16, i. loss

of, 4, 12, passim; 1o, 20, TO; NMaj 7, 1;
see also slavery. as a reward, 7, 13, 16; 7,

18, 4; 8, 12, 2; 9, 9, 1; 9, 21, 2; 9, 24, 1;
15, 14, 8; 16, 9, I; 16, 9, 4; Sirm. 4; NTh
18, i
freed persons, legal rights of, 8, 13, I; see
also freedmen
freedwomen, and their daughters, 4, 6, 3;
4, 6, 7-8; 8, 13, i; NMarc 4, i; NAnth
I, i. rights of, NVal 25, I
frontier, counts and dukes of, see s.v. troops
stationed on, 7, 4, 15; NTh 24, I; see bor-
der militia
fruits, of property in suit, see s.v.
frustrative devices in trials, forbidden, 4,
21,
33;
12,
1,
II,30, 21;
2;
II, 36, 3-4; II, 36, 8-lo; 12, 1,

38;
12, i,
139; 12, 6, 2
fugitive coloni, inquilini, and slaves, 5, 17;

5, 18, x; see also coloni; slaves. decurions,
see s.v. recruits, 7, 13, 6; 7, 18, 6; 7, 18, io;
see also deserters
funerals, 9, 17, 5-7
furnaces, to be removed from vicinity of the
City, 14, 6, 5
furnishing, of horses, see tax payments. of
quarters, see quartering, compulsory. of recruits, see tax payments
Gaius, jurist, i, 4, 3
Gallic solidus, NMaj 7, i
Gamaliel, Jewish patriarch, 16, 8, 22
gamblers, 3, 16, I
games, of the circus, 2, 8, 2o; 6, 4, passim;
15, 4, I; 15, 5, 2; 15, 5, 5; 15, 7, 7; 16,
10, 3. forbidden on Sundays, see amusements. origin of, 16, 1O, 3. prizes at, 15,
5, 2; 15, 9, 1. public, production of, see
amusements. superintendent of,
12,
i,
1og;
supervisor of, lo, I, 12; 15, 9, 2

garb, to be worn in Rome, 14, TO. of actresses,
15, 7, 11-12. of philosophers, 13, 3, 7
15, 9,
2.
garments, use of purple and gold in, lO,
21,
passim; 15, 7, II
garnishment, see pledges, seizure of

Gaudentius, Count of Africa,
II, 17,
Gaul, bishops of, Sirm. 6; NVal 17, 1. counts

of, 6, iy, x. decurions of, 12, I, 171. prefect of, io, ig, 9. public post in, 8, 5, 28.
taxes in, 13, I, 1I
gems, not to be worn by actresses, 15, 7,
11
Genseric, invasion of, NVal 9, I

geometricians, 13, 4, 3
Germans, 7, 20, 12
gifts, 8, 12; NTh I, i. by accused or condemned persons, 9, 14, 3; 9, 42, passim.
actions on excessive, 2, 19, 4; 2, 19, 6; 2,
20; 15, 14, 9. to administrators and other
public officials, 8, 15; NVal 32, 1. of

apostates, 16, 7, 7. betrothal and antenuptial, 3, 5; 3, 7, 3; 3, 8, 1-2; 3, 9, I; 3, 1O,
I; 3, 16, 2; 9, 42, 15; 15, 14, 9; NTh 14,
I;22, 2; NVal 35, i; NMaj 6, 1; NSev I,
i. betrothal, of governors, 3, 6. between
the living, NTh 22, 2. to children, see s.v.
between children and parents, 8, 12, 4-5;
8, 12, 7; 8, 18, 1-2. to clerics, churches,
etc., 16, 2, 20; 16, 2, 27; NMarc 5, I. conditional, 3, 30, 2; 8, 12, 1. of decurions,
12, I, 107; 12, 1, 123; NTh 22, 1-2. by the
Emperors, 4, II, I; 5, 7, I; 5, 16, 31; 6,
36, I; TO, I, I; 1O, I, 8; 10, TO, 5-6; 1O, 14,
1-2; II, 20, passim; 15, I, 53; 16, 10, 20;
NTh 5, 1; 5, 3; 26, I; NVal TO, I; NAnth
3, 1. made in contemplation of death, 3, 5,
2; 3, 8, 2; 8, 12, i; NTh 22, 2. deeds of,
3, 5, 13; 3, 7, 3; 8, 12, passim. deeds of,
actions on validity of, 8, 12, 4; 8, 13, 6;
9, 19, 4. direct, 8, 12, I. upon emancipation, 8, 13, 6. excessive, 2, 19, 6; 2, 20,
i; 2, 21, 1; 15, 14, 9. extorted by force,
3,
1, 9; 8, 15, passim. by fathers, 4, 6,
passim; 8, 13, 2; 8, 13, 6; 9, 42, 1. to

fathers, 8, 18, 1-2. by fathers-in-law, NTh
22, 2. to fathers-in-law, 8, is, 6. to freedmen, 8, 13, 3; 14, 3, To; NMarc 5, 1. by
freedmen, 4, 4, 7. to grandchildren, 8,
13, 6; 14, 3, 3. to grandfathers and grandmothers, 8, 13, 6; 8, 19, . to great grandchildren; by greatparents, see s.vv. of heretics, 16, 5, 7; 16, 5, 36; 16, 5, 40; 16, 5, 49;
16, 5, 52; x6, 5, 58; 16, 5, 65; 16, 6, 4; 16,
7, 7. between husband and wife, 3, 8,
621 ]
1-2;
Index
5, 1, 9; 8, 13, 5; 8, 16, I; 8, 19, I; 9, 42,
see also s.v. husbands. imperfect, 8, 12,
inofficious, 2, 20, see gifts, excessive.
Jews, 16, 9, 4. of landed estates, 3, 5,
1;
II,
I;
20, passim;
II, 28,
13; NTh 5,
8.
to
8;
NAnth 3, I; see also s.v. of land without

coloni, 13, 10, 3; NVal 35, 1. to minors,
3, 5, 8; 8, 12, passim. to natural children
and their mothers, 4, 6, passim; NTh 22,

1-2; see also children, natural. New Year's
8, IT, passim; NMaj 7, I. nuptial, 4, 6,
7. to palatines, 6, 30, II. by praetors, 6,
4, 24. of property, municipal, NMarc 3,
I.
of property, obligated, 12, I, 149; 12,
II, I; 13, 6, 6; 14, 3, 3; 14, 3, 10; 14, 3,
13; 14, 4, 5; 14, 4, 8. of property, paternal

and maternal, 8, 18, passim; NTh 14, I;
see also s.v. property. of property, public,

15, I, 53; NMarc 3, I. of property in
suit, 4, 5, I. of property, taxes on, II, 3,
3; II, 20; NTh 5, 3; NMarc 2, I; 3, 1.
recovery, of, 3, 5, passim; 3, lo, I; 3, 16,
2. revocation of, 3, 16, 2; 8, 13; 15, 14, 9.
to sisters, 8, I5,6; NMaj 6, 1. to slaves,
4, 8, 6. under tyrants, to remain valid, 15,
14, 8-9.
by widows, holy maidens, etc.,
NMarc 5, I
Gildo, confiscation of property of, 7, 8,
7;
7, 8, 9; 9, 40, Ig; 9, 42, 16; 9, 42, 19
girls, corruption of, by tutors, 9, 8; see also

rape
gladiatorial shows, 15, 12, passim. as a penalty, see arena
gladiators,
15,
12.
daughters
of, 4, 6, 3;
NMarc 4, I
glebal tax, see tax, glebal
gold, crown, see crown gold. dust, tax payment of, TO, 19, 3-4. fines of, see fines. glebal
tax in, 6, 2, 21-22; 6, 26, 14; 12, 13, 2, see
tax, glebal. lustral tax payment of, see

tax, lustral. mining of, To, 19, passim; see
mines. offertory, 6, 2, 16; 6, 2, 20; 6, 2, 25;
6, 4, 17; 7, 24, I; 13, 5, 5; 13, 5, 17. official
escorts of public, 12, 8; see official escorts.
ornaments, IS, 7, II. payment of allowances in, 7, 4, 32; 7, 4, 36. of private citizens, not to be minted, 9, 21, 7-8. prizes
and gifts of, IS, 5, 2; 15, 9, . for purchase, 7, 6, 3. for purchase of grain, 14, 16,
I; 14, 16, 3. pure, 7, 24, I; 12, 6, 12-13;
12, 7, 3; 12, 13, 4. tax payments in, I, 1O,
7; 5, 7, 2; 5, 13, 4; 6, 26, 14; 7, 6, 3;1 7,
13, 7; 7, 13, 13; 7, 20, 9; 7, 21, 3; 8, 4, 6;
8, 4, 17; 10, I, 14; 10, 19, 3-4; 10, 24, 2-3;
II, I, 8; II, I, 19; II, 1, 32; II, 1, 34; IT,
I, 37; II, 4, I; II, 7, 14; 11, 9, 2; II, 16,
I; II, 16, 13; II, 18, T; II, 19, 3; II, 20,
1-2; II, 20, 6; II, 21, 3; II, 28, I; II,28,
9; II, 28, 6; 12, I, 5o; 12, i, 72; 12, I,

173; 12, 6, 2; 12, 6, 13; 12, 6, 17; 12, 6,
29-30; 12, 6, 32; 12, 7; 13, I, passim; 13,
3, 2; 16, 2, 36; 6,2, 40; Sirm. IT; NTh
25, i; NVal lo, I; 24, I; 35, I; NMarc 2,
I; see gold, offertory; tax lustral. trans-
portation of, 8, 5, 33; 8, 5, 47-48; see also

transport of supplies. use of, in garments
and arms, 10, 21, passim; 1O, 22, I.
value
of solidi in, see solidi

goods, see property. of inheritance, possession of, see possession of goods. cession of,
4, 20. of proscribed and condemned persons, 9, 42
governors, accountants of, 8, I, 4; 8, 15, 2;
see accountants. appeals from, see s.v. collection of taxes by, I, 5, II; I,5, 13; I,
lo, 6; i, 1o, 8; I,II, I; I, 16, 5; 14, 4, 3;
see also apparitors; governors with rank

of rector. office staffs of, see apparitors,
622
gubernatorial. ordinary, see judges ordinary. with rank of consular, I, 12, 5; 1,
passim; 8, 18, passim; 8, 19, I; 9, 42,

8-9; II, 20, 4; x6, 7, 6; 16, 8, 28; NTh
14, I; 22, 1-2; NVal 25, 1. of Jews, 16,
8, 28. of palatines, see s.v. of paternal
29, 3; 6, 4, 23; 6, ig; 6, 26, 7-8; 6, 27,

5-6; 6, 27, 10; 7, 1o, I; 8, i, g; 8, 4, 8;
8, 4, 18; 8, 5, 12; 9, I, 13; 9, 26, 4; 9, 40,
uncles, 5, i, 1-2; 5, I,7. of patrons and
freedmen, 2, 22, x; NVal 25, 1. of pro12; 9, 42, 3; II, I, 9; II, 34, 2; 12, 1, 74;
scribed and condemned persons, 9, 42, 8-9.
14, 4, 3; 15, I, 17; 16, lo, To; Sirm. 5;
NVal II, i; 13, i; NMaj 5, I; see extransfer of obligations to, 6, 4, lo; NTh
consular. with rank of corrector, i, 7, 2;
22, 1-2
grandfathers, decurion, 6, 26, I; 7, I, 6;
8, 4, 8; 9, i, 13; 16, lo, 1o. with rank of
moderator, I, io, 8; x, 16, 8; I, 16, 14;
7, 2, 2; 1o, 22, 6; 12, I, 64; 12, I,89; 12,
8, 4, 25; 9, 41, I; 1o, 1O, 32; 1O, 22, 6;
I, 113. gifts by, 8, 13, 6; 8, 18, 6-7; 8,
12, I, 161; 12, I, 164; 12, I, 175; 12, I, 181;
Ig, I. inheritance and succession of, 3, 12,
12, 6, 32; 16, 2, 31; 16, 6, 4; 16, 8, o;
3; 3, 18, I; 5, I,3-5; 8, 18, 5-10; 8, 19, i;
16, io, 13; Sirm. 14; NTh 3, I; 7, 1-2;
9, 42, 9; 12, I, 64; 6, 8, 28; NTh 14,
I; 22, 1-2. property acquired by, NTh
7, 4; 15, 2; 17, I; NVal 6, I; 7, i; 15, I;
17, I; 23, I; 32, I; 36, I; NMaj 2, 1. with
14, I
rank of praeses, I, 5, 1-3; i, 15, I; r, 16, grandmothers, gifts by, 8, 18, 6-7; 8, 19, r.
inheritance and succession of, 3, 12, 3; 3,
4; I, 16, 6-8; 1, 29, 3; 2, 26, 3; 6, ig; 6,
22, 3; 6, 22, 7; 6, 28, 2; 7, 1O, I; 8, i, g;
18, I; 5, I, 4-6; 8, 18, 6-9; 9, 14, 3; 9, 42,
8, 4, 8; 8, 5, 3; 8, 5, 12; 8, 5, 18; 8, 5, 23;
g; 16, 8, 28; NTh 22, 1-2
8, 5, 49; 9, 1, 13; 9, 23, I; 9, 26, 4; II, grandparents, to petition for guardians, 3,
27, 2; II, 30, 22; II, 30, 52; I,
18, I
34, 2;
12, i, 4; 12, I, 14; 12, I, 105; 12, 6, 5;
grants, special, of imperial favor, see privileges, special
13, 5, 32; 15, II, 2; 16, 1o, To; NTh 15,
I; NVal 13, I; NMarc I, I; 4, I; see
Gratian, Emperor, 8, 4, 17; 1o, 5, I; 12, 6,
ex-governor. with rank of rector, I, IS, 3;
25; 14, 4, 6; 16, 2, 35; 16, 1O, 20; Sirm. 2;
NVal II, I; NMarc 5, I
I, I5, 6; i, 16; I, 22, 3-4; 1, 29, 2; I, 29,
gravediggers, 7, 20, 12; 13, I, I; I6, 2, 15
5; 2, I, 2; 2, I, II; 2, 4, 2; 2, 30, I; 4, 6,
great grandchildren, 3, 12, 3; 5, i, 8; NTh
3; 5, 7, 2; 5, IS, ig; 6, 23, 4; 6, 26, 7; 6,
22, 2. gifts and inheritance of, 8, I, 6; 8,
27, I5; 6, 30, 4; 6, 30, 6; 6, 30, IS; 6, 35,
18, 6-7; 8, 18, 9; 8, 19, I
TO; 7, 1, 12; 7,4, 21; 7, 4, 28; 7, 4, 32;
7, 7, 1-2; 7, 10, I; 7, 12, 3; 7, 18, 4; 7, i, great grandparents, gifts of, 8, 13, 6; 8, 18,
8-9; 7, 20, 5; 8, 4, 6; 8, 5, 4-5; 8, 5, 7;
6-7; 8, 19, 1. inheritance and succession
of, 8, 18, 6-7; 8, 18, g; 8, 19, I; NTh 22, 2
8, 5, 13; 8, 5, 59; 8, 5, 64; 8, 7, io-ii; 8,
9, I; 8, IT, 1-2; 8, 12, 8; 8, 15, 3; 9, 1, 13;
Greek copyists, 14, 9, 2. grammarians, 6, 21,
9, 23, I; 9, 40, 23; 9, 41, I; 10, 4, 2;
1; 13, 3, IT; see s.v. horses, 15, 1O, I. oraTO, 12, 2; 1O, 15, 4; 1O, 19, 5; 1O, 19, 9; 1o,
tors, 15, 1O, I. terms, 12, 7, 2; 15, 7, II;
25, I; II, I, I; II, 9, 2; II, 16, 3-4; II,
6, 5, 6. testaments in, NTh 16, 1. trades28, 13; II, 30, 63; 12, I, 15; 12, I, 85;
men, to be recalled to Rome, NVal 5
12, I, 89; 12, I, 164; 12, I, 173; 12, I, 177;
Gregorian Code, I, i, 5
12, 3, 2; 12, 6, 12; 12, 6, 20; 12, 12, 9; 13,
Gregorius, Bishop of Nyssa, 16, I, 3
5, 7; 13, 10, 7; 14, 2, 4; 15, 1, 15; 15, 1, grooms, of public post, 8, 5, 37; 8, 5, 50
18; 15, 1, 34-35; 15, I, 41; 15, 2, 2; 15,
ground rent, 5, II, II; 5, 15, 14-15
5, 4; 6, 4, 6; 16, 5, 40; 6, 8, To; 16, 8, guardians, of minors, I, 29, 4; 3, 17, passim;
12; 16, 8, 18; 16, 8, 22; 16, 10, 4; 16, io,
8, 18,
4, 5, I; 4, 8, 5; 4, 8, 8; 8, 12, I;
passim; 12, I, 19; NTh II,I; see curators;
24; Sirm. 12; 14; 16; NTh 7, 3-4; NVal
23, i; NMaj 3, I; 7, i; NMarc I, i; 3,
tutors, petitions for, 3, 18, I. statutory,
i. with rank of rector, collection of taxes
3, 17, 2-4; 3, 18, i; 13, 5, 7; NTh II, i.
by, I,'o, 6; 6, 3,2; 7, 6, 2; 8, 8, 5-6; II,

I, 35; i, 7, 8; II, 7, 12; II, 7, 17-ig;
NMaj 2, I; 7, 1. references of cases by,
I, 15, 3-4; 9, I, 13; II, 29, 3; II, 30, 31.
residences of, I, 22, 4; 7, 8, 6; 7, 10, 2;
TO, 2; 15, i, 8; 15, 1, 35. use of horses
by, 9, 30, I
grain, cargoes of, 13, 5, 7; 13, 5, 32; 13, 5,
37; 13, 8, i. collector, office of, at Alexandria, 14, 26, 1. fines payable in, 6, 4, 1-3;
6, 4, 7; 6, 4, 18. measurers of, II, 14, I;
14, 4, 9; 14, 15, i. supply of Alexandria,
14, 26. supply of Carthage, 14, 25. supply
for City of Constantinople, 14, 6. treasury, 12, IT, 2; 14, 16, 1. tribute of, i, 15,
14; II, 1, 29; IT, 14, 1; IT, 06, 1; IT, 16,
12; 12, 6, 16; 12, 6, 21; 13, 5, 14; 13, 5,
32; 14, 25, 1. tribute, regular, for City of
Rome, 14, 15; 15, I, 12
grammarians, Greek and Latin, 6, 21, I; II,
16, I5; IT, 06, 18; 13, 3, 1; 13, 3, II;
13, 3, 16; 14, 9, 3
grand chamberlains, 6, 8; 7, 8, 3; 7, 8, 16;
9, 40, 17; I I, 18, I
grandchildren, of administrators, 3, 6, I; 8,
I5, 6. gifts to, 8, 13, 6; 8, 18, 6-7; 8, 19,
I; 9, 42, 8; 14, 3, 3. guardians for, 3, 18,

x. inheritance and succession of, 2, 24, I;
3, 12, 3; 3, 18, I; 4, 6, 4; 4, 6, 6; 5,
i,
testamentary, see testament

guardianship, exemption from, see exemptions
guards, of churches and holy places, 16, 2,
26. City, i,6, i1; i, 18; 2, 17, i. coast,
10, 19, 9; 13, 5, 5; 13, 5, 17. of prisons,
9, 3, I; 9, 3, 7; Sirm. I; NTh 3, i. of
the State storehouses, II, 14, I; 12, 10, I,
see custodians
gubernatorial apparitors, see apparitors
gubernatorial residences, see governors
guest gifts, II, II, I
guilds, of armorers, 1O, 22; NTh 6, I; see
armorers. of artisans; of breadmakers, see
s.vv. Caesarians assigned to, 1o, 7, 2. of

cattle collectors, 14, 4; NVal 36, i. of decurials. See decuries. delegates of, 12, 12,
II. evasion of service in, 12, I, 146; 12, I,
162; 12, 19, 1-3; see also deserters. of
grain measurers, 14, 4, 9; 14, 15, I. of imperial minters, 1o, 20, passim. of imperial
secretaries, 6, 2, 26. of imperial weavers,
Io, 20, passim; II, I, 24; see also weavers.
inactive, 12, 16, 1. of money changers, 16,
4, 5; NVal 16, I. patrons of, 14, 4, 9;
NVal 36, i. penalties of, for illegal assembly, 16, 4, 5. persons subject to, 12, I,
179. of porters, 14, 22. under prefect of
the City, I, 1O, 4; NVal 5, I. property of,
1o, 3, 5; 10, 20, 14; 15, 1, 41; NVal 35, I;
Index
see also s.vv. landed estates; landholdings.
protection of, 6, 29, II. of purple dye fish
collectors, 9, 45, 3; 10, 20; 13, 1, 9. of
raftsmen, 14, 3, 2; 14, 4, 9; 14, 15, I. of
ragmen, 12, I, 162; 14, 8. of receivers of
wine, 14, 4. release from, 1o, 20, 16. sentence to, as punishment, 9, 40, 9; Sirm. 9;
NMaj 7, 1. services of, in municipalities,

NMaj 7, 1. of shipmasters, see s.v. slaves
and coloni in, NSev 2, 1. students attached
to, 14, 9,
1.
of swine collectors,
14, 4;
NVal 36; see s.v. of tax collectors and tax

receivers, 14, 4; see also s.vv. of teamsters,
14, 3. of tradesmen, 12, 6, 29; 13, 1,
passim; NVal 24, I; see s.v. of transporters of wood, 14, 8
guildsmen, 14, 7; NSev 2. actions involving,
1o,
2o;
see actions. of Alexandria, exemptions of,

14, 27, 2. attendants of sick chosen from,
16, 2, 42. barred from other services, I, 12,
6; 6, 30, 16-17; 6, 37, I;
TO, 22, 4-5: 12, 1, 156;
passim; 14, 4, passim;
35, x; NMaj 7, 1. birth
7, 21, 3; 14, 3, 14; 14,
II, I, 24.
7, 20,
21, 3;
12, I, 162; 14, 3,
14, 7, 1-2; NVal
status of, 6, 30, 17;
7, 2. of Carthage,
12;
7,
children of, clerics as, see s.vv.
desertion of status by,
12, 19,
I-3. exemp-
action to, 1, 2, io; 2, 6, 4; 2, 12, 1; 2, 12, 7;

2, 16, 2; 3, 13, 1; 4, 18, 1; 4, 22, 5; 8, 13, 1 ;
8, 15, 6; 9, 42, 6; II, 35, I; see also actions
available to heirs
Helena, birth of child to, 9, 38, 1
Helenopontus, tax in, 13, II, 2
Helladius, Bishop of Caesarea, 16, 1, 3.
Greek grammarian, 6, 21, I
Hellespontus, appeals in, I, 6, r. governor

of, I, 12, 5
helmets, manufacture of 1o, 22, I
Henoticon, 16, II, 2
Heraclea, municipality of, NTh 23, I
Hercules, decury of, 8, 5, 46
herd thieves, see cattle thieves

1o,
herdsmen, children not to be given to, to be

reared, 9, 31. use of horses by, 9, 30, 2
heretics, 16, I, 2-3; 16, 2, I; 16, 2, 7; 16, 2, 34;
16, 5; 16, 6, 4; 16, 6, 6; 16, 8, i9; 16, 8, 26;
16, lo, 13; 16, 1O, 24; Sirm. 6; lo; 12; 14;
NTh 3; NVal 18, 1. as decurions, 12, I,
1, 4; 14, 17, 15; 14, 27, 2; 15, 1, 41;

NVal 5, i; io, . as public escorts, Ii, to,
I. of Rome, privileges of, 14, 2; 14, 4, passim; 14, 17, 15; NVal 5, i; NSev 2, 1. of
157. priests of, see s.v.

hermits, 12, I, 63; 16, 5, 9
Hermogenian Code, I, i, 5. Hermogenian
horses, 1o, 6, i; 15, 10, I
Heuresius, heretic, 16, 5, 28
Rome, recalled from imperial service or

clergy, 16, 2, 39; NVal 20, 35, I
hierophants, 16, 10, 14

Hieropolis, delegations in, 13, II, 9; 15, II, 2
tions and privileges of, I, 6, ii;
12, 19, 2;
14,
high treason, crime of, 9, 5, passim; 9, 6, 2-3;

9, II, I; 9, 14, 3; 9, 21, 9; 9, 35, 1-2; 9, 38,
3-4; 9, 38, 6-8; 9, 42, 2; 9, 42, 4; 9, 42, 6;
21, I
9, 42, 8; 9, 42, To; 9, 42, 23; 1O, 1O, 15;
1O, 20, 18; 1O, 21, 3; 15, 1, 31; 16, I, 4;
Haemimontus, appeals in, i, 6, I
16, 4, I; 16, 5, 40; 16, 8, ig; 16, 1o, 12;
hair, long, not to be worn by men, 14, 1O, 4.
Sirm. 8. on the Julian Law on, 9, 5
women forbidden to cut, 6,2, 27
highways, see roads. custody of, see custody
Haman, festival of, 16, 8, 18
handwriting, validity of, in documents, 2, 27, I Hilarianus, Praetorian Prefect, 6, 4, 7
Hilary, Bishop of Arles, NVal 17, I
hanging, penalty of, NVal 32, i; NMaj 2, I
harborers, of armorers, 1O, 22, 4. of brig- hiring, under the tyrants, 15, 14, 9
ands and other criminals, 9, 29; 9, 45, 1. holidays, observance of, 2, 8; 13, 5, 38; see
also Easter; Epiphany; natal days; Quadof coloni, 5, 17, 2, see coloni, fugitive. of
ragesima; Sabbath; Sundays
conspirators, 7, 19, i. of fugitive decurions;
holograph wills, NVal 21, 2
of fugitive slaves, see s.vv. decurions;
slaves. of heretics and pagans, I6,5, pas- holy maidens, widows, and their succession,
NMaj 6; NMarc 5, x; see maidens;
sim; 6, 6, 4; 6, 1O, 12-13. of military
widows
deserters, 7, I, To; 7, i, 15; 7, 13, 21; 7,
Homerites, tribe of, 12, 12, 2
14, 1; 7, 18; NVal 6; 7, 3. of miners, 1o,
homicide, crime of, 3, 16, i; 9, I, 14; 9, 2, 5;
Ig, passim. of muledrivers, 8, 5, 58. of
9, 10, 1-2; 9, 12, 1-2; 9, 14, 1; 9, 38, pasweavers, 7, 14, i; 10, 20, 2; 1o, 20, 6-9
hardtack, 7, 4, 6; 7, 5, 2
sim; 9, 40, I; 9, 40, 4; 9, 45, 5; II, 36, i;
harpists, 15, 7, 10
II, 36, 7; Sirm. 8; NVal '9
homologi, II, 24, 6
hearings, see actions: suits; trials
heirs, see also inheritance, appeals against, homosexual practices, forbidden, 9, 7, 3;
9, 7, 6
II, 36, 26. of betrothed persons, 3, 5, 2;
honorable
character, proof of, 2, 17, i. dis3, 5, 6. in cases involving freedom, 4, 8, 5.
charges, see s.v.
of cognitors or procurators, 2, 12, 7. of
honorary discharges; imperial letters patent,
debtors, 2, 27, I; II, 28, 3; 12, II, I. inhabeas corpus, see production in court
Hadrian, Emperor, 4, 4, 7; II, 36, 26; NVal
stitution of, 2, 19, passim; 8, 18, 5; 14, 3,

13; NMarc 5, 1. of judges, 9, 27, 4. lack
of, 5, 2, I; 5, 3, I; 1O, 12, 2; 1O, 14. of

litigants that die during trial, II, 35, 1. of
manumitters, see heirs of patrons. minor,
see s.vv. law, 2, 16, 2. ranks, 6, 4, TO; 6,

1O, 4; 6, 14, 2; 6, 18, I; 6, 22, passim; 6,
24, 5; 6, 26, 2; 6, 26, 4; 6, 27, 16; 6, 27, 19;
6, 28, 8; 6, 30, 7; 6, 32, 2; 6, 35, 7; 6, 38, I;
7, 20, 8; 7, 20, 12; 7, 21; 7, 23, I; 8, i, 6;
see minors. necessary, 2, 19, 3. under pa-
8, 4, 30; 8, 5,23; 8, 5, 44; 8, 5,46; 8, 7,
ternal power, see s.v. of patrons of freed-
passim; 9, 27, 2; II, 18, I; 12, I, passim;
men, 2, 22, I; 4, TO, 2-3; NVal 25, I.
12, 6, 7; 13, 5, 14; 15, 14,
pos-
session of inheritance by, see possession of

goods. property expended between husband
and wife not to be charged to, NVal 14.
rescripts adduced by or against, I, 2, 4;
I, 2, 1O; I, 2, 12. slaves as, 2, 19, 3. statutory, see s.v. succession. substitution of,
NTh IT, I; NMarc 5, I. transmission of
8; 15, 14, II;

6, 8, 22; NTh 3, I; 15, 2; 25, i; NVal
io, I; see also s.vv.
ex-; imperial letters
patent; patronage
Honorius, Emperor, 3, i, io; 6, 4, 30; 7,
2;
II,
28, 9; 12, i, 16o; NVal 27, I; 32,
6,
I;
50
35, 1. baths of, T5 I,
horses, approval of, 6, 31, I. chariot, 6, 4, 19;
I;
7, 6;
i,
17, 2. Her-
mogenian and Palmatian, io,6, I; 15, 1O, I.

military, II, 17, 2-3; see also provender.
money for equipment of, II, 17, 2-3. offer-
tory of, 7, 23; see also s.v. tax payments.

of public post, see posthorses. tax payments of, see s.v. use of, 9, 30
hotchpot, see collation
hours, afternoon or midday, judges not to
confer in, i, 16, 13; I, 20, I
householders (possessores), food rations of,
14, 17, 5; 14, 17, 11-13
14, 4, iO; 14, 17, I;
Heraclianus, Count of Africa, penalty of, 9,

40, 21; 15, 14, 13. Tribune and Master
of Offices, 16, To, I
heralds, of judges, i, 16, 6. right of, 12, I,
74. of State auctions, 5, 15, 18
herds, imperial, 6, 4, 19;
21-22; 15, 5, 3; 15, 7,

15, 1o. curatory, II, 1, 29; II,
8, 7,
household guards, imperial, .6, 24; 6, 25, 1;

7, 4, 27; 7, 21, 3; 8, 5, 49; 8, 7, 9; 8, 8, 4;
II, 18, 1; 12, 1, 38; 12, i, 88; 12, I, 153;
NTh 7, 1. honorary, 6, 24, 5; 7, 21, 3.
succession of, 6, 24, II; see also imperial
bodyguard
households, of soldiers, 7, I, 3; 7, 2o, 8;
NVal 13, I
husbands, accusation of adultery by, 9, 7, 2;
9, 7, 4; 9, 7, 9. accused or condemned, 9,
42, passim. divorce of; dowries given to,
see s.v. gifts of, 3, 5, 13; 8, 13, 5; 8, 16, i;
9, 42, x; NVal 35, i; NMaj 6, i; see also
gifts between husband and wife. of heretics, 16, 5, 7. inheritance and succession of,
3, 5, 13; 3, 9, I; 4, 21, I; 5, I, 9; 8, 17, 2;
8, 18, passim; 8, 19, I; 9, 42, 8; 12, I, 124;
16, 5, 7; NTh 14, I; 22, 2; NVal 35,
1.
of
minors, 3, 1, 3. priests as, 16, 2, 44; Sirm.

io. as procurators in suits, 2, 12, 4. subsequent, see s.v. marriages. and wives, income expended between, NVal 14. gifts
between, see gifts. and wives, inheritances
of, 3, 9, I; 4, 21, I; 5, i, 9; 8, 6, I; 8, 17,
1-2; 8, 18, g; 8, 19, I; 1o, II, I; 12, i, 124;
13, 5, 7; NTh 17, 2; NVal 14, I; 21, I;
35, i;
NSev I, I;
status derived from,
NAnth I, i.
2,
I,
7;
1O,
wives'
20,
3;
13, 5, 12
Hydroparastatae, 16, 5, 7; 16, 5, 9; 16, 5, II;

16, 5, 65; NTh 3,
Hypatia, testament of, NMarc 5, I

Hypatius, Assistant Master, 6, 26, 17
hypothecated property, 4, 14, I
Iconium, Bishop of, 16, I, 3
idolatry, I6, 7, 6; see images; statues
ignoble status, of accountants, 8, 1, 3-8; II,
4, I; 12, 7, 3. of apparitors, 12, 7, I; 14,
10, 1. of coloni, see s.v. of commissary
officers, 8, 4, 21. of custodians of library,
14, 9, 2. of guildsmen, lo, 20, passim. of
minters, 1O, 20, I; 1O, 20, 1O. of natural
children, see s.v. of purple dye fishers, o,

1O, 20, 14. of slaves, 1o, I, 5; see
s.v. of tax assessors, 8, 2, 4. of weavers,
20, 5;
1o,
20, 3;
1O, 20, 8
ignorance of law, I, I, 2; 4, 14, I
illegitimate children, see children, natural

illiterates, testaments of, NTh 16, x
Illustrious, rank of, Min. Sen. I; 3; 4; 6;
Const.; I, i, 5-6; I, 5, io; i, 5, r3; i, 6, 6;
I, 6, 8; i, 6, IT; I, 7, 2; I, 7, 4; i, 8, i;
1; 3, 17, 3-4; 6,
I8,
3; 1, 15, II ; 3, II,
14, 3; 6, 15; 6, 27, 20; 6, 29, To; 6, 30, 24;
7, I, 17; 7, 4, 23-25; 7, 8, 5; 7, 8, 14-16;
7, II, I; 8, 4, 17; 8, 4, 23; 8, 5, 22; 8, 5, 30;
8, 5, 43-44; 8, 5, 54; 8, 5, 56; 8, 8, 4; 8, 8,

6-7; 8, 8, 9; 9, 2, 2; 9, 14, 3; 9, 26, i;
9, 38, 9: 1O, 3, 7; 10, 9, 3; 1O, 1o, 19; 10,
lO, 27; 10, 1O, 32; TO,
lO, 25, 1; II, I, 13; II,
19, 9; TO,
6,
12; II,
20,
16,
II;
23;
II, 18, I; II, 28, 3; II, 3o, 61; 12, 1, 78;

12, 1, 120; 12, 1, 155; 12, 1, 181; 12, 1, 183;
12, I, 187; 12, 6, 32; 13, 5, 31; 13, 5, 38;
E 623 J
Index
14, 3, 22; 14, 4, 10; 14, 10, 2; 14, 14,
14, 17, 14; 15, 3, 4; 16,
2,
23; 16,
5,
I;
52;
16, 8, 22; NTh 6, I; 7, 1; 7, 4; 15, 2; 17,

1-2; 23, 1; 24, I; 25, I; NVal I, 3; 2, 4;
5, i; 6, 3; 7, 1-2; I0,I; 13, I;14, I; 16, i;
19, I;32, I; 35, i; NAnth 3, I

Illyrian expeditions, II, 6, 15; II,16, 18
Illyrians, not to be enslaved, 1o, 10, 25
Illyricum, barbarian invasions of, 1o, 1o, 25;
II,17, 4. clerics in, 13, I,II; 6, 2, 45.
decurions in, 12, i,177. defenders in, i,
29, I. exile to, 14, 24, I. judges of, I,
5, 4. mines in, 1o, 19, 7-8. prefect of, 8, 4,
17; 8, 4, 3o; 12, I, 188. public post in,
8, 5, 28. refugees barred from, 5, 6, 3.
Senators in, 6, 4, II. soldiers in, 7, 6, 4;

NTh 24,
1.
taxes in, II, 13, I; 12, 6, 9;

13, I, II; 15, 1, 49
images, imperial, 9, 44; 15, 1, 44; 15, 4. wor-
ship of, 16, 7, 6; 16, io, passim; Sirm. 12

immediate possession, see interim possession
imperial bodyguards, duties of, 7, 6, 3; 7,
18, To; 7, 22, 2; 8, 5, 30; 8, 7, g; 8, 8, 4;
9, 27, 3. exemptions and privileges of, 7, 4,
1o; 7, 4, 27; 7, 2o, 4; 7, 22, 5; 8, 5, 49;
13, 1, 7; 13, 1, 14. honorary, 7, 2o, 8; 7,
20, 12; 7, 21; 8, 7, 2-3; 12, I, 153. rank of,
4, 10, 3; 6, 24; 6, 25, I; 7, 20, 5; 10, 22, 3;
12, 1, 38; 12, I, 88; 13, 1, 7; 13, I, 14. See
also household guard

imperial bureaus; consistory, see s.vv. court,
see court of Emperors. court, persons not
to be produced at, I, 22, 2; NTh 4; NMarc
i. dyeworks, see s.v. herds, 6, 4, 19; 1o, 6
see s.vv. freedmen barred from, 4, 10, 3.

guildsmen of Rome recalled from, NVal
20, 1. as imperial bodyguards, see s.v.
loss of position in, i, 6, II; I, 10, 5; 6, 24,
5-6; 6, 27, 15-18; 7, 8, 5; 7, 12, 2; 7, 18, 16;

8, i, 8; 8, 4, passim; 8, 8, 4; 8, 8, 9; 9, 35,
i; 9,38, II; NTh 5, I; 21, i; NVal 18, i;
19, I. order of succession in, i, 5, 8; I, 9,

1-2; 6, 27, passim; 6, 28, 8; 6, 30, 5; 7, 3,
passim; 8, I, II; 8, I, I3; 8, I, 17. in the
palace, 6, 35; see s.v. palace. as palace decurions and silentiaries, 6, 23; 8, 7, 5; ii,
18, i; NTh 25, I. as palace guards, 6, 33.
as palatines of the largesses and of the
privy purse, 6, 30, passim; see s.v. palatines. persons barred from, I, 15, II; 4,
10, 3; 8, 2, 3; 8, 4, passim; 8, 7, passim;
10, 20, II; 10, 22, 4; 10, 26, 1-2; 14, 4, 8;
16, 2, 39; 16, 5, 25; 16, 5, 29; 16, 5, 42;
16, 5, 48; 16, 5, 58; 16, 5, 61; 16, 5, 65;
16, 8, 6; 16, 8, 24; 16, xo, 21; Sirm. 6; g;

NTh 3, I; NVal 13, i; 18, I; 20, I. preference in rank in, 7, 3, 1-2. prerequisites
of, 6, 30, 15; 7, 2. as provosts of public
post, see s.v. quotas in, i, 15, 12; 6, 27, 23;
6, 29, 2; 6, 30, 15-17. recruits for, 7, 13,
passim; 8, 2, 3. reinstatement in, 6, 24, 5.
retirement from, 6, 2, 23; 6, 10, 2; 6, 13, I;
6, 15, I; 6, i6, I; 6, 18, i; 6, 22, i; 6, 23,
i-4; 6, 26, passim; 6, 27, passim; 6, 28, 6;

6, 3o, passim; 6, 32, I;6, 35, passim; 8, I,
6; 8, 4, i; 8, 5, 39; 8, 7, 8; 8, 7, 16; io,
22, 3; II, 7, 21; 13, I, 14; NVal 6, 3; see
also discharges. in the secret service, see
s.v. of sons of soldiers, apparitors, and
veterans, I, 12, 4; 7,22, passim; 8, 2, 3;
8, 4, 4; 12, I, lo5. supernumeraries of, 6,
32, 2. terms of, see service, terms of. un-
imperial favor, special grants of, see privileges, special

imperial household, actions involving, see s.v.
actions. chief tenants and men of estates
der the tyrants, 15, 14, II. veterans of,
of, To, 26. count of estates of, in Cappadocia, 6, 30, 2. defenders of, 10, 4, 3.
7, 20, passim; see s.v. what must be proved
by persons entering, 7, 2
estates of, see landed estates. guard of,
imperial service, members of, abolition of
see household guard. privileges of propprescription of forum for, NTh 7. actions
erty of, 10, 25; 12, I, 114; 13, lo, 8. procurators
of, 5,
of, 1, 32, 7.
woodland pastures
13
imperial letters, I, I, 5; I, 2, I; I, 3, I; 4, 13,

9; 7, 3, 2; 7, 6, 2; 7, 20, 2; 7, 20, 4; 7, 21,
i; 8, 6, i; 12, i, 2o; NMarc i, I; NAnth
3, 1. of approval, 8, 7, 21-23. of authorization, 12, 8, x; NVal 36, 1. of commenda-
tion, 6, 35, 7; see also testimonial letters.

of instruction, 7, 4, 27. of invitation, 6, 23,
3. patent, 6, 4, 23; 6, 7, 1; 6, 10, 4; 6, 21, 1;
6, 22; 6, 26, I7; 6, 27, 5; 6, 38, I; 7, 3, 2;
7, 8, 16; 7, 23, I;8, 5, 23; 8, 7, 2-3; 9, 27,
I; 12, I, 5; 12, I, 20; 12, I, 41-42; 12, 1,
74; 12, 1, 18o; 12, I, 183; 13, 5, 15; 13, II,
II; 14, 4, 9-10; 15, 14, 8; 16, 8, 22
imperial messengers, 6, 30, 2; 6, 30 7-9; 6,
30, 22-23. minters; procurators; secretaries, see s.vv.
imperial service, as apparitors, chiefs, secretaries, and commissary officers, 8, 4, passim; NTh 3, i; NVal 28, i. as apparitors
of the various offices, 7, I, 5-6; 8, 7, pas-
sim; 12, 6, 5; see also apparitors. armed,

2, 23, 1; 6, 4, 28; 6, 27, 16; 7, 1,et passim;
8, 4, 28; 8, 7, 4; 8, 7, 19; 9, 30, I; 12, 1,56;
involving,
see
actions.
exemptions
and
privileges of, 2, 23, I; 4, 22, 4; 6, 2, 26;

6,4,28; 6, 1o, i;6, 1o, 4; 6, 13, i; 6,16, i;
6, 20, I; 6, 22, 5-6; 6, 22, 8; 6, 27, 16; 6,
28, 8; II,12, 3; II,16, 15-16; II,16, 19;
ii, IS, I; 12, I,73-74; 12, I,134; 13, 1, 2;
13,
1,
7; 13, I, 14; 13, 3, 16-18; 14, 4, lo;
NTh 25, i; NVal 2, 2; 3, I; 10, I;13, I;

27, I; 36, i; NMaj 2, I. gifts, purchases,
and sales of, 3, i, 10; 8, 15, passim; NVal
32, 1. not allowed to come to the City,

14, II. not to defend suits of others, 2,
12, 6. punishments of, 6, 29, 3; 7, 8, 1o;
8, 5, 22; 8, 5, 35; 9, 21, 2; 13, 5, 36; 14, 4,
io. testimony of, 4, 4, 5. under the tyrants, 15, 14, II
imperial standards, provost of, 6, 25. stewards, 10, 24. weavers, see s.v.
impetration, of benefit of legal age, 2, 17. of
honorary titles, see honorary ranks. of
permission for marriage, 3, 10, i. of property, see petitions. of rescripts, see s.v. of
right to actions, i, 16, 6; I, 22, 2; 2, 3;
2, 15, . of special privileges, II, 13, I; 15,
14, 9; Sirm. 6; NTh 25, I; 26, I; NVal
4, I
12, i, 88-89; 12, I, 147; 12, I, 154; 12, I,
imposts, at Carthage,
18i; 16, 8, 24; NMarc i, 1; see also sol-
diers. armed, deserters from, 7, 18, passim; NVal 6, 1-3; 7, 3. armed, persons
barred from, lo, 2o, ii. armed, restoration
to, 7, i, 4; 7, i,7. armed, sons of vet-
erans in, see veterans, sons of. in the bureaus, see s.v. decurions barred from, 12,
i, passim; see decurions barred from other
services. deserters from; discharges from,
I, 15, 1o. collection

and payment of, 4, 3; II,12, 3; 12, 1, 97;
14, 27, 2; 15, I, 26; 15, I, 48; NVal 13,
1.
collectors of, II,28, 3. exemption from, 7,

20, 2; II, 12, 3; 13, 5, 23-24; see also ex-
emption from taxes. procurators of, I, 32, 3.

provosts of, I, 32, 3; 13, 5, 5; 13, 5, 17
imprisonment, of appellants forbidden, II, 30,

2; II, 30, 15. of clerics, 16, 2, 37. by con-
fidential agents and rural police forbidden,

6, 29, I; 6, 29, 8; 8, 4, 2. for non-payment
of taxes forbidden, II, 7, 3; II, 7, 7;
NMaj 2, i; see also custody; prisons
incest, 3, 12; 9, 38, 6; 9, 38, 8
incorporation of property by the fisc, 9, 42, 1;
10, 9
indictions, II, 5; II, 6, I

indigents, parents as, see s.v. money for,
II, 36, 20
infamy, penalty of, 2, 8, 18; 2, 9, 3; 2, 14, I;

2, 19, 3; 4, 6, 3; 5, 15, 21; 8, 4, 16; 8, 5,50;
8,8,3; 9, 10, 4; 9,14, 3; 9, 36, I; 9, 39 2;
9, 40, 15; II,7, 3; II, 7, 13; II,30, 9; 11,
30, 16; II,30, 24; II,30, 34; 12, 1, 85;
14, 9, 3; 15, 14, 11-12; 16, 5, 3; 16, 5, 7;
16, 5, 54; 6, 6, 4; 16, 7, 5; Sirm. 15;
NVal 23, i; NMaj 6,
1;
see degradation;
reputation, loss of; status, diminution of

infanticide, crime of, 9, 14, I
infants, 4, 1, 1; 7, I, 14; 8, 18, 8; II, 27, I
informers, 9, 16, 1; 9, 25, 3; 10, 1o; 10, 12,
I-2; IO,13, I; 14, 18, i; 16, 5, 9; Sirm. io;
NTh 17, r; NVal 23, I. persons who act
as, against themselves, io, ii. suppression
of, Min. Sen. 5; 4, 1o, 2; 9, 6, 3; 9, 39, 2;
lo, lo, passim; NMaj I, I
ingratitude, actions on, see children, ungrateful; freedmen, ungrateful

inheritances, actions on, 2, 22, I; 4, 4, 7; 5,
I, passim; 8, 18, passim; I6, 7, 3; NTh i,
i; NVal 14, 1. by churches, see s.v. claims
for, 2, 22; see also petitions. by the Em-
perors, 4, 4, 2; 4, 4, 5; entry on, 5, I,I;

15, 14, 9. of exemptions, II, 6,16; II,16,
18; II, 28, 3; NTh 25, I;see also s.v. exemptions. exhausted by dowries, 2, 21, 1.
by fisc, see fisc, claims of. hunters of,
NVal 21, i; NMaj 6, 1. of obligations on
property, II, i, 17; II, 3, 5; II, 2o, 6; 15,
1, 24. of oil tables, r4, 24, I. petition for
goods of; possession of goods of, see s.vv.

of property granted by the Emperors, ii,
20,
4; NTh 5, i;
NAnth 3, I; see also land
granted. of property, maternal; of property, ownerless or caducous; of property,

paternal, see s.vv. of property in suit, 2, 6,
4. of rights to food rations, 14, 17, 5; 14,
17, 9-1o; 14, 17, 12. as secret trusts, io,
II, i. statutory, 5, I; see succession, statutory. of suits in litigation, see heirs, transfer of actions to. by testaments, see s.v.
under tyrants, to remain valid, 15, 14, 9
inheritance and succession, see also heirs. of
accused or proscribed and condemned persons, 9, 14, 3; 9, 42, passim; 9, 43, I;
NMaj 5, I. of apostates, 16, 7, passim. of
armorers, NTh 6, I; see s.v. of breadmakers, 13, 5, 2; 14, 3, 3; 14, 3, 13; 14, 3,
21; NVal 34, . of brothers, see s.v. in
cases of incestuous marriage, 3, 12, 3-4. in

cases of slave unions, see slaves, unions of.
in cases of subsequent marriage, see s.v.
of chief physicians, 13, 3, 12. of children;
of clerics; of daughters; of daughters of
decurions; of deaconesses; of decurions,
see s.vv. of decurions who have passed to
the clergy, NVal 3; see clerics, decurions
as. of fathers; of freedmen; of grandchildren; of grandfathers; of grandmothers,
see s.vv. of heretics, 16, 5, passim; 16, 6, 4;
NVal iS,i. of holy maidens and widows,
NMaj 6; see also maidens; widows. of
household guards, 6, 24, II. of husbands;
of husbands and wives, see s.vv. of Jews,
16, 8, 28; 6,9, 4. of minors; of mothers;
of natural children, see s.vv. partitions of,
2, 24. of persons under paternal power,
624 1
Index
2, 24, I; 8, 18, 5; see also children.
of
scholarians, 6, 4,34. of Senators, 6, 4, 17;

NMaj xo. of shipmasters, 12, I, 149; 13,
5, 2; 13,5,7; 13, 5, 14; 13,5, 19; 13, 5,35;
NVal 29,
1.
of sisters, see s.v. of soldiers,
5, 6, passim; 7, 4, 34. of swine collectors,
i;
36,
14, 4, 7; NVal
see also s.v. of
widows; of wives, see s.vv.

inofficious dowries,
9, 14, 3. gifts, 2, 20.
2, 21;
testaments, see s.v.

inquilini, 5, 17; 5, 18;
1o, 12, 2; 12, 19, 1-2;
NVal 27, I; 35, i; NSev 2, I

inscription, 2, 1, 8; 9, I; 9, 2, 6; 9, 3, 4; 9, 7,
2; 9, 19, 2; 9, 19, 4; 9, 36, 1-2; 9, 37, 2;
II, 30, 61; see also criminal accusation.
omission of, 2, i, 8; 9, 7, 2; 9, 19, 2; 9, 19,
4. requirement of, in criminal cases, 2, 1,

8; 9, i; 9, 2, 3; 9, 2, 6; g,3,4; 9, 7, 2;
insolvency, see cession of goods
instruments, written, as evidence,
2, 27; 4, 20,
I,
4; 5, TO, I; II,
3, i; 2,
20,
4; II,
36, 18; II,39, passim; 16, 2, 41; 16, 8, 28;

Sirm. 15; NVal 12, I; 15, 1; 32, 1. validity of, 2, 27, I; 4, 4, passim; 9, 19, passim;
II, 39. under the tyrants, 15, 14, 9
integral status, property granted with, To,

8, I
of possession, 2, i, 8;
Interdict, of Fraud,
2,
2,
16,
4, 6
1. On the Produc-
tion of Wills, 9, 20, I. Of Whatsoever

Goods, 4, 21; II, 36, 22. Whatever by
Order, 2, 31. Whence by Violence, 4, 22;
9, 20, 1. Wherever of the Two Places,
4, 23
interest, 2, 4, 6; 2, 33; 3, 30, 6; TO, 24, 1-3;
12, 3, 2; 13, I, 18; NVal 12, I; 32, 1. on
debts, 2, 33; 4, 19, I; 1O, I, II; 12, II, I;
NVal 12, 1. on a judgment, 4, 19
interim possession, recovery of, 2, 1, 8; 2, 4,
6; 4, 22, 1; 4, 22, 4; 4, 22, 6; 9, 19, 2; 11, 37
interlocutory decision, 1, 2, 5; 4, 22, 2; 4, 22,
5; 9, 19, 2; IT, 30, 37; II, 30, 65; i, 36, 3;
12, i, 71; NTh 7, 4. not to be appealed
from, II, 30, 2; II, 30, 25; II, 30, 40; II,
30, 44; II, 30, 5o; II, 3o, 65; II, 36, 1-3;
II, 36, 5; II,36, II; IT, 36, 15-16; II, 36,

18; II,36, 30
intermediaries, 3, 7, I; 4, 7, I;
12,
6, 8
interpretation of law reserved to Emperor,

3
intestable persons, 16, 5, passim; 16, 7, passim;

NVal 18, i
intestacy, succession on, 2, 16, 2; 3, 12, 3;
4, 2, I; 4, 4, 7; 4, 21, I;5, I, 1; 5, 1, 3-4;
5, 1, 9; 5, 2, 1; 5, 3, I; 5, 6, I; 8, 18, 6-7;
8, 18, g; 9, 9, i; 9, 14, 3; 9, 42, 9; 10, 10,
30; TO, 14, I; 16, 2, 27; 16, 5, 49; 16, 5, 58;
16, 7, 7; 16, 8, 28; NTh II,i; 16, i; 17, 2;
22, 2; NVal 21, 1-2; 25, I; 35, 1; NMaj
6, I; 7, 1
intimidation, i,32, 5; 3, 17, 3; 4, 20, 4; 6, 30,
I; 8, 7, 17; 9, 1O, 4; 9, 45, 5; 1O, 10, 8; II,
8-9; NVal 32, I
30, 59; II, 34, 1-2; 15, 14,
inventory, of confiscated property, 9, 42, 7;

1o, 8, 2; 1o, 9, 2; 1o, 1O, IT. of imperial
estates, 5,15, IS. of property of minors,
3, 30, 6; NTh II, I. of property in suit,
To, I, 5
investigators, 8, 5, 3-4; 15, 7, I.
special, 8,
4, 16; 9. 9, I
iron, tax payments in, II, 2o, 6
irrigation, 15, 2, 7
Isauria, brigands of, 9, 35, 7. taxes of, 7, 6, 3
island, exile to, I, 5, 3; 3, 5, 5; 3, 16, i; 8, 5,
4; 9,
27,
1O,
I; 9,
1O,
1.
patrimonial farms in, II, 16,
3; 9, 16, I; 9,
21, 2; 9,
2;
II,
6, 9; II,16, 12. prefect of, to, 19, 9; 11,

6, 12. public post in, 8, 5, 28; II, I, 9.
8; 8, 4, 16; 8, 4, 24; 8, 5, 59; 8, 7, 9; 8,

12, 3; 9, I, 13; 9, 27, 5; 9, 40, 15; 9, 42, 7;
1O, 2, I-2; IO, TO, 7; 10, 10, 20; 10, 12, 2;
1O, 15, 4; II, 16, II; II, 28, 3; II, 30, 25;
12, I, 57; 12, i, 68; 12, I,117-118; 12, 12,3;
12, 12, 12; 13, To, 8; 14, 4, 3; 15, 1, 41;
15, 14, xo; 16, 2, 23; 16, II, I;
Sirm. 3;
I; see also governors.
NVal 6, 3; 13,
petty, i,16, 8; 8, 5, 56; II, 30, 13; II, 31, 3;

13, 4, 4. powers and limitations of, I, 2, 2;
I,2, 7; I, 5, 3-5; 1, 5, 9; i, 6, 9; i, 6, II;
refugees in, 7, 13, 20. suits in, 2, 16, 2;

9, I, 3; NAnth 3, 1. taxes in, II, i, 6;
I, lo, 7; 1, 12, 3; 1, 12, 6; I, 12, 8; 1, 14,
4; NVal I, I.
i, 16, 3; i, 16, 6-7; i, 16, 9-lo; i, 16, 12;

1, 27, I; 1, 28, 3; 1, 34, I; 1, 34, 3; 2, I, I;
2, I, 5-6; 2, I, 1O; 2, 2, I; 2, 1O, 5; 2, 15, I;
2, 18, 1-2; 2, 26, 5; 3, 17, 4; 3, 30, 6; 4, 5,
I; 4, 8, 6; 4, 9, I; 4, II, 2; 4, 16, 2; 4, 17,
1-2; 4, 19, I; 4, 22, 1-2; 4, 22, 4; 5, 14, 33;
5, 15, 17; 6, 4, 8; 6, 4, 13; 6, 4, 21-22;
6, 23, 3; 6, 26, I5; 6, 27, 17; 6, 29, 2;
II, 1, 9; II, 13, 1;
II,
tax escorts in, II, 1O,

ivory tablets, 15, 9, I
21-23;
28,
Jews, actions involving, 2,
I, IO; 2, 8, 26; 8, 8,
16, 8, 28; 16, 1o, 24.
as advocates, 16, 8, 24; Sirm. 6. compulsory

public services of, 16, 8, passim. converted
to Christianity, 16, 8, 5; 16, 8, 28; Sirm. 4.
converted to evade prosecution, 9, 45, 2;
6, 8, 23. criminal charges against, 9, 45,
2; 16, 8, 23. as decurions, 12, I, 99; 12, I,
157-158; 12, I, 165; 16, 8, passim. exemptions and privileges of, I6, 8, passim; IA,
1O,
interdict, benefit of, 15, 14, 9. for recovery
I, 2,
count of, 6, xg, I. exile from, NMaj 9, 1.

famine in, NVal 33, i. law posted in, II,
8; 9, 45, 2; 16, 8,
9, 36, i; II,30, 61
4, 3;
38, 10; 9, 40, 17; 10, II, I; II, 34, I; 12,

i,6; 6, 5, 53-54
Italian measures, NVal 13, I
Italian rights, 3, 5, 8; 8, 12, 2. of the City of
Constantinople, 14, 13
Italy, barbarian invasions of, NVal 32, I.
24; Sirm. 4; 6; 14; NTh 3. inheritance
and succession of, 16, 8, 28. not to be sued

on Sabbath, see Sabbath. not to circumcise slaves, Sirm. 4. not to marry Christians, 3, 7, 2; 9, 7, 5. not to own Christian
slaves, 3, I, 5; 16, 8, 22; 16, 9; Sirm. 4; 6.
penalties of, 16, 8, passim. restriction of,
15, 5, 5; 16, 5, 44; i, 5, 46; 16, 7, 3; 16, 8,
passim; Sirm. 6; 14; NTh 3, i. as shipmasters, 13, 5, 18. synagogues of, I6, 8,
passim; NTh 3, 1. synagogues of, exempt
from quartering, 7, 8, 2. synagogues of,
rulers of, 16, 8, 4; 16, 8, 13-14. tribute
paid by, 16, 8, 14; 16, 8, 17; 6, 8, 29
Johannes, Ex-Count of Treasury, i, I, 5
joinder of issue, see attestation of suit; litiscontestation

Jovinianus, heretic, 16, 5, 53
Jucunda, succession of, NVal 21, I
judges, see also governors. all, office of, I,
22; 8, i,8; Sirm. I. bishops as, see bishops,
courts of. in cases involving appeals, II,
30, passim; II, 31, passim; II, 34, 1-2; IT,
35, 1; II, 36, passim; NVal 13, i; NMarc
I, I; see appeals. civil, I, 20; 3, II, I; 8,
7, 16. crimes and corruption of, I, 5, 9;
I, 14, 2; 1, 34, 3; 2, I, 6; 6, 4, 22;
8, i,
12;
9, I, 4; 9, I, 15; 9, 3, 6-7; 9, 10, 4; 9, 27, I;

9, 27, 4-6; 9, 28, I; 9, 35, 2; II, 1, 34; II,
7, 3; II, 16, 7-8; II, 30, 16; 12, 1, 47; 12,

I, 61; 12, I, 68; 12, I, 77; 12, i, 8o; 12, I,
85; 16, 5, 4; 16, 5, 46; 16, To, io-ii; Sirm.

14; NVal 6, I; 7, 2; 23, 1; 28, i; NMaj
4, I; 5, I; 7, 1. of decuries, 14, 1, 3. duties
of, in trials, 2, 18, i; 9, I, 13; 9, 19, 2; 9,
I9, 4. extraordinary, 2, 7, I; 16, 2, 23;
Sirm. 3; NVal 35, I; see also court; trial.
in fiscal actions, see s.v. heirs of, 9, 27, 4.

heretics, Jews, etc., not to be, NTh 3, i.
marriage of, by force, 3, II, I. military,
7, 20, 13; NTh 4, 1; 7, 4; NMare I,

I; see also courts, military. no persons
shall be their own, 2, 2. not to confiscate
without order of Emperor, 9, 41. official
residences of, see governors. ordinary, powers and limitations of, I, 5, To; I, 5, 12-13;
1, 7, 2; I, lO, 2; I, lo, 6; I, 10, 8; i, II, 1-2;
I, 14, 2; 1, 15, 2; I, 15, 6; 1, 15, 15; I, 6,
13; I, 28, 4; 1, 32, 6; 2, 1, 2; 2, 1, 9; 2, I,
II; 3, II, I; 4, 15, I; 6, 2, 20; 6, 26, 5;
6, 26, 16; 6, 27, 12; 7, 8, 6; 7, TO, 2; 7, 18,
1, 2r;
I; 1, 15, 1; 1, 15, 8; 1, 15, 17; I, 16, I;
6,
29, 12;
6, 30, 4; 6, 30, To; 6, 30, 16;
6, 35, 8; 6, 35, 'o; 6, 35, 14; 7,

7, 4, 26-27; 7, 13, I; 7, 13, 9; 7,
7, 18, 4; 7, 18, 8-9; 7, 18, IT;
8; 8, i, g; 8, 4, 7; 8, 4, 15; 8, 4,
8,
4,
26; 8,
5, I;
8,
4, 21;
18, i;
7, 20,
19-20;
5, 2o; 8, 5, 22; 8, 5, 40;
18,
5, 5o; 8, 5, 56; 8, 5, 58; 8, 5, 62; 8, 7, 7;
8, 7, 19; 8, 1o, 2; 8, II,

15, 5-6; 9, I, 13; 9,1,i8;
3-4;
8,
12, I;
8,
2-4; 9, 2, 6;
9, 3, 1-2; 9, 3, 7; 9, 5, I; 9, 13, I; 9, 17, 2;
9, 19, 2-4; 9, 29, 2; 9, 35, 7; 9, 36, 2; 9,
37, 2; 9, 37, 4; 9, 38, 8-lo; 9, 40, 8; 9, 40,
I2; 9, 40, z8; 9, 4r; 9, 42, 7; 9, 42, 1o;
9, 2,
9, 45, 4; 1O, 1O, 2-3; 10, 1O, 27; lO, 19, 9;

I I, 1, 3; IT, 1, 32; II, 7, 3; II, 7, 8; NI,
7, 16; Ix, 7, 20-21; II, 9, 2; II, 16, 7-8;
II, 16, 17; ii, 16, 20; II, 20, 4; II, 28, 3;
II, 29, 2; II, 29, 5-6; II, 32, I; II, 39, 3;
12, I, I; 12,I,
6; 12, I, 9; 12, I,
39; 12,
46-47; 12, I, 49; 12, 1, 71; 12, 1, 74; 12,

85; 12, I, 1o8; 12, I, 150; 12, I, 162;
12, I, 173; 12, I, 175; 12, I, 181; 12, i, 186;
12, I, 192; 12, 3, 1-2; 12, 6, 7; 12, 6, 29-30;
I,
I,
I; 12, 9, 3; 12, II, 1-2; 12, 12, 9;

13, 4, 4; 13, 5, 16-17; 13, 5, 34; 13, 5,
36-37; 13, 9, I; 13, 9, 6; 13, 10, 5; 13, 1O,
12, 9,
7-8; 13, II, 7; 14, 1, 4; 14, 3, 12; 14, 3,

17; 14, 3, 20; 14, 4, 2; 14, 6, 3; 14, 7, I;
14, 8, I; 14, 9, I; 14, lO, I; 14, 15, 6; 15,
I, passim; 15, 3, 6; 15, 4, 1; 15, 5, 1-4; 15,
7, I; 15, 8, 2; 15, 9, 2; 16, i, i; 16, 2, 28;
6, 2, 31; 16, 2, 38; 16, 2, 42; 16, 5, 40;
16, 5, 46; 16, 5, 54; 16, 5, 65; 16, 6, 4-5;

16, 7, 3; 06, 8, 8; 16, 8, 14; 06, 8, 23; 16,
9, 3; 16, To, 12; 06, To, 19; 16, 1o, 21; 06,
10, 25; Sirm. I; 4; 9; II; 12; 13; 14; 16;
NTh Ii, I; 17, 1-2; NVal I, I; 1,3; 3, ';
7, 1-3; 8, I; 13, I; 26, I; 27, I; 28, I; 32,
I; 34, I; 35, i; NMaj 2, I; 7, I; NMarc
I, I; 4, I. private, 15, 14, 9; see also pri-
vate persons, actions involving. private

council chambers of, i, 6, 6-7; i, 16, 9;
I, 32, 6; 2, I, 8; 2, 4, 7; 2, to, 2; 6, 7, I;
6, 26, 5; 6, 26, 7; 6, 26, 16; II,7, 2o; NTh
15, 2; NVal 35, 1. quartering of, 7, 8, 6;

7, 8, II; 7, 1O, 2; 13, 3, 16; NMaj 7, I;
see quartering, compulsory. with rank of

Respectable, NTh lo, I. responsibility of,
for public works, 15, i, passim. right of
confiscation by, 9, 41. right to sit with, see
right. at Rome, 2, 6, 2. secular, 16, 2, 47;
6, II,1; Sirm. I; 3; 6; NVal 35, . trial,
I, 10, 4; 1, 28, 4; 2, 1, 4; 2, i, 6; 2, I, 10;
3, 30, 6; 4, 18, 2; 4, 22, 5; 6, 35, 14; 8, 13,
6; 9, 1, 12; 9, 27, 5; 9, 35, 6; 9, 36, 2; 9,
40, 16; 1o, 1, 13; II, I, 32; IT, 7, 21; II,
30, II;
II,
30, 37;
625 ]
II,
30, 40; II,
30, 44;
Index
landed estates, abandoned, see land. on the
borders, 7, 15; NTh 5, 1-3; 24, I; see
border farms; border lands. of breadmak9, 6; 16, 5, 55; NVal 13, I; 19, I; 35, 1;
ers, 14, 3, passim; NVal 34, . of the
NMaj 2, I; NMarc 4, I; NAnth 3, 1.
churches and clerics; confiscation, see s.vv.
under the tyrants, 15, 14, 2; 15, 14, 5;
of decurions, 12, 3; NMaj 7; see also decurions, property of. decurions not to
15, 14, 8-1o
judgments, 4, 16. execution of, see s.v. inlease, NTh 9. emphyteutic; of Gildo, see
terest on, 4, 19. suppression of, 4, 22, 2
s.vv. of the imperial household, i, ii, i;
judicial decisions, of bishops, I, 27; see also
5, 16, passim; 6, 2, 22; 7, 5, 2; 7, 8, 7;
bishops, courts of. to be read from written
7,8, Io; 7, 8, 12; 7, 13, 2; 7, 18, 12; 9, 27,
statements, 4, 17
7; lo, I, II; 10,1, 15; 10, 19,5; 10, 25; 10,
judicial examination under torture, 9, 35;
26; II, I, I; II, 5, 2; II, 7, 21; II,28, 9;
see torture
II,28, 16; II, 36, 32; 12, 6, 14; 13, I, 5;
jugglers, 14, 7, 2
13, I, 2I; 13, 6, 3; 13, 6, 5; 13, 1o, 8; 15,
Julia, marriage of, NAnth i,i
3, 3-4; 15, 3, 6; 16, 5, 52; 16, 5, 54; 16,
Julian, Emperor, I, 28, 2; 5, 13, 3; 5, 15, 17;
10, 20;
NTh 5; 7, i; ig; NVal to, I; U3,
6, 26, 7; 7, 7, 2; 8, i, 1i; 8, 4, 9; 8, 5, 20;
I; 34, I; NMaj 2, I; 7, I; NMarc 2, I;
NAnth 3, i; see also emphyteutic estates;
10, 4, 2; 12, 1,74; 12, 1, 90; 12, 1, 96; 13,
patrimonial estates. of the imperial house5, 16; 14, 6, 5; 16, 5, 37
Julian Law, 4, 20. on Adultery, 9, 7; 9, 19,
hold, rescission of sales of, NTh 19. meeting of heretics on, see harborers. of
4. on Corrupt Solicitation, 9, 19, 4; 9, 26.
on Extortion by Public Officials, g, 27. on
minors, 3, 30, 6; 3, 32; see minors, propHigh Treason, 9, 5. and Papian Law, 13,
erty of. municipal, NMarc 3; see municipalities, property of. not to be alienated
5, 7. on Public and Private Violence, 9,
10; 9, 20, I
without a decree, 2, 17, I; 12, 3; NMaj 7,
Julianus, jurist, I, 4, 3. secret service memI; see also decrees. of the privy purse; of
ber, Sirm. 12
Senators; of shipmasters, see s.vv. of
Junius Pomponius Publianus, Vicar of Rome,
swine collectors, 14, 4, I; 14, 4, 5. tax asMin. Sen. i
sessments on; of temples, see s.vv. titles
jurisconsults, Min. Sen. 4; I, 2, 1o; 4, 4, 3;
affixed to, 2, 14; NVal 13, 1. transfer and
9, 20, i; NTh i, i; NVal 35, 1(?), see
sale of, 2, 17, I; 2, 29, 2; 3, I,4; io,I, 8;
jurists
II, 1, 4; 11, 1, 26; 11, 1, 31; 11, 3, 3; 11,
jurisdiction, 2, I; 3, II, I; 6, 17, 1. of count
2o, 5-6; 3, 10, 3; NTh 5, 1-3; 22, 2; 24, I;
of the sacred largesses, 6, 30, 23. of praeNVal 1, 3; 31, I; 32, I; 35, i; NMaj 7, I;
tors, see s.v.
NAnth 3,I. urban and rustic, 2, 17, I; 2,
jurists, opinions and responses of, I, I, 5;
29,2; 5,I4; 9,42,7; 10,9,2; 10, 10, 12-13;
12, 3, 1-2; 14, 3, 3; NTh 22, 2; 23, i;
1, 4; 4, 21, I; 5, 7, 2; Sirm. 15; 16; NTh
I, I ; 12, i ; see jurisconsults
NVal 6, I; 8, I; 31, I; 32, i; NMaj 7, I
landholders (possessores), of Africa, NVal
kidnaping, crime of, 9, 18, I
34, I; see s.v. of Carthage, II, I, 32. chilkinsmen, see also agnation. consanguineous,
dren of, 9, 31, I. compulsory public services
2, 19, 2; 3, 17, 2; 4, 6, 2; 4, 21, I; 5, I,1-2;
of; emphyteutic, see s.vv. extortion of,
9, 27, 6; II, I, 34; II, 7, 20; II, 8, 3; II,
9, 7, 2; 9, 42, 9; 10, 10, 30; 14, 4, 5; NTh
II, i; see also s.v. extortion, that harbor
22, 2; NAnth 3, 1. disciplinary correction
deserters, heretics, and pagans, see harborof, 9, 13. not implicated in crimes, 9, 40,
ers. of imperial lands, see emphyteutic es18; 9, 42, 15
kiss, as a pledge of betrothal, 3, 5, 6; see also
tates; patrimonial estates. maintenance of
right of osculation
aqueducts by, 15, 2, i. military, I, 14, 1;
knights, Roman, 2, 17, I; 6, 37, i
NVal 13, 1. of Palestine, 7, 4, 30. patrimonial, see s.v. penalties of, 5, 7, 2; 9, 21,
labor, conscription of, see compulsory public
2; 9, 21, 4; 9, 21, 6. remission of delinquent
services
taxes for, see s.v. taxes, delinquent. taxes
laeti, 7, 20, 1o; 7, 20, 12; NSev 2, I
of, see taxes on land
laetic lands, 13, II, 10
landholdings, abandoned, see land. abandoned,
Laetorian Law, 8, 12, 2
in Africa, taxes on, see s.v. Africa. agonoland, abandoned, 5, TT, passim; 5, 14, passim;
thetic, NMarc 3, 1. of bureau officials, 6,
26, 14. of clerics; confiscation of; of decu5, 15; 6, 2, 24; 7, 20, 3; 7, 2o, 8; 7, 20, II;
II, I, 10; II, I, 12; II, I, 31; II, 20, 5-6;
rions; in Egypt, taxes on; emphyteutic, see
II, 28, I2; 12, 1, 123; NVal 32, 1; 34, 1;
s.vv. fiscal, see fisc. granted by the Emsee property ownerless. alluvial, NTh 2o.
perors or relieved of taxes, II, 20; II, 28,
in boundary disputes, 2, 26, passim. fertile,
13; II, 28, 15; NTh 5, 1-3; 26; NVal io,
to be combined with sterile lands, 5, 14,
I; 34, I; NMarc 2, i; NAnth 3, I; see also
passim; 5, 15; 10, 3, 4; II, 24, 6; 13, II, 4;
s.v. land. that harbor deserters, see harbor13, II, 9; 13, II, 13; 13, II, 15; see farms,
ers. of the imperial domain, rescission of
fertile; lands, sterile. fertile, ownership of,
sales of, NTh 19, i. ownerless or caducous,
5, 14, 30. fertile, tax rate on, see farms,
see land, abandoned; property. of palace
fertile. granted by Emperors, 5, 12, 3; 5,
decurions, 6, 23, 4. patrimonial; of privy
16, 31; 1o, I, 2; 1o, I, 8; 1o, 8, passim;
purse; purchase of; of Senators; tax as10, 9, 2-3; To, lo, passim; II, 20; II, 28,
sessment on, see s.vv. that have had their
13; II, 28, 15; 12, ii, i; NTh 26; NVal
taxes commuted into money, NTh 26; see
34, I; see also landholdings. laetic, 13, II,
taxes in kind, commutation of
io. obligation of, 2, 30, 2; 2, 31, 1; 8, 8,
tax units, see tax units
land
io. parcels of, belonging to municipalities,
Laodicea,
Bishop of, 16, i,3
must be restored, NTh 23. sterile, 5, II, 9;
lapses, second, II, 31, passim; II, 32
IT,
13,
I;
II,
13,
6;
20,
II,
15;
5,
5, 14, 34;
lares, i, 6, II; 5, ii, II; 6, 2: 13, 16, 2o;
4; NTh 26, i; NVal 32, 1. taxes on, see
7, 13, 6; 7, 21, 4; 8, 5, 44; 8, 8, 4; 8, 12,
taxes
II, 30, 55; II, 30, 57; II, 30, 64; II, 31, 5;
II, 31, 9; II, 36, 24-25; 12, I, 110; 12, I,
175; 12, I, 181; 12, 12, 12; 13, 5, 38; 13,
3; 10, 10, 27; 10, 19, 15; 12, i, 5; 12,

I; 16, 2, 37; 16, io, 12; NMarc i, i
18,
largesses, sacred imperial, bureaus of, 6, 30,

7. clothing taxes due to, I, I, 1o; 7, 6, 2;
7, 6, 5; see tax payments. confiscation by;

counts of, see s.vv. fines paid to, 9, 17, 2;
II, 30, 58; 13, 5, 38; i5, 7, 6; 16, 5, 54;
NTh 25, i. guilds subject to, 10, 20, 16.
loans from, to, 24, 2. office staff of, in the

municipalities, 8, 3, I. palatines of, see s.v.
procurators of, I,32, 3. provost of, 8, 5, 18.
registrars of, 8, I,12; NVal 7, 3; see tax
registrars. representatives of, 12, 6, 6; 12,
6, 12-13. supervisors of, 8, 5, 13. tax pay-
ments to, see s.v.

Latin copyists, 14, 9, 2. grammarians, 6, 21,
I; 13, 3, II; see also s.v.
Latinity, 2, 22, I; 4, 6, 3; 4, 12, 3; 9, 24, I;
NMarc 4, I
Laurentes, association of, 8, 5, 46
law, of citations, I, 4, 3. civil, see s.v. edictal,

i, 1, 6; 2, 31,
I; 10, 10, 31; NVal 2, 2; 3,

i; 6, I; 7, I; 10, I; 14, I; 15, I; 17, I; 18,
I; 19, I; 23, 1; 28, i; 30, I; 35, i; NMaj
6, I; 9, I; NAnth i, I; see also edicts. es-
tablished custom as, 5, 20, 1. fiscal, 1o, i.

honorary, 2, I6,2. praetorian, 4, 4, 7; 9, 42,
2; 9, 42, 9; NVal 21, I
laws, general, special grants not to be preferred to, I, 1, 4; NVal 4. not to be retroactive, I, I, 3. retroactive, I, I, 3, note 15.
teachers of, 14, 9, 3. to be cited from Code,
I, I, 5-6. of Twelve Tables, 9, 42, 9. of
tyrants, invalidated, 15, 14, passim; see also
s.v. tyrants
Laws, Cincian, 8, 12, 4. of Constantine, see
s.v. Cornelian, on Cutthroats, 9, 14. Cornelian, on Forgery, 9, 19.
Cornelian, on
Sorcerers, Cutthroats, and Parricides, 9,

19, 4. Cornelian, on Wills, 9, 20, i. Fabian,
g, 18; 9, 2o, i. Falcidian, NMaj 6, i. Julian, 4, 20. Julian, on Adultery, 9, 7; 9,
19, 4. Julian, on Corrupt Solicitation, 9,
19, 4; 9, 26. Julian, on Extortion by Public Officials, 9, 27. Julian, on High Treason, 9, 5. Julian and Papian, 13, 5,7. Julian, on Public and Private Violence, 9,
10; 9, 20, I. Laetorian, 8, 12, 2. Papian,
13, 5, 7. of Valentinian, see s.v. Visellian,
9, 20, I
lawsuits, see actions; suits

lawyers, see advocates
laymen, suits of clergy with, NVal 35, i; see
clerics, actions involving; courts of bishops

"lean-tos," 15, 1, 39
leaseholders (conductores), see chief tenants;
coloni
leases, of emphyteutic farms, lo, 3; see s.v.
of estates of temples, io, 3. of imperial
estates, 1, II, I; 5, 14, 32; 5, 15, 17-18; 7,
13, 14; 10, 3, passim; ii, 6, 3; II, 16,
20; II, 28, 13; 15, 14, io; NTh 7, I; NVal
13, I; 34, i; see emphyteutic estates; patri-
monial estates. of landed estates not to be

held or guaranteed by decurions, 10, 3, 2;
NTh 9. of municipal property, 10, 3; see
municipalities, property and income of. tax,
12, I, 97; see also publicans. under tyrants
to remain valid, 15, 14, 9
leaves of absence, from imperial service, i,
1o, 6; 6, 4, 21; 6, 27, 15; 6, 30, 16; 7, 12,
2; NTh 7, I; 7, 4. from military service,
7, I, 2; 7, 12; 7, 18, 16; NVal 13, I
lectors, of the Church, 12, I, 163; 16, 2, 7;
16, 2, 24. of heretics, 16, 5, 19
legacies, 3, 8, 2; 8, 15, 5; 8, 18, 5; 8, 18,
7; 12, 1, 107; 16, 2, 27; r6, 5, 17;
L 626 J
Index
NTh 16, I; 22, 2; NMaj 6, i; NMarc 5, I
legal age, benefit of, 2, 16, 2; 2, 17. heirs of,
2, 6, 4; 12, 17, 1; NVal 35, 1. persons who
have attained, 2, 9, 3; 8, 12, 2; 8, 8, 2-3; 9,
43, I; 12, 17, I. sequence of, 2, 17, I.
women under, see minors
legate, office of proconsul and, i, 12
legions, estates of soldiers in, 5, 6, I. privileges of service in, 7, 22, 2; 8, 4, I2;
s, ,s; 13 i,
8, 5, II; 12,
legitimacy of children, see s.v. children
legitimation of children, see children, natural
Leo, Emperor, confirmation of laws of,
NAnth 2. Pope of Rome, NVal 17, I;
18, i
Leonius, testament of, NVal 21, 1
Leontius, Consul 344, 5,
fessor, 6, 21, I
15, 15.
law pro-
lese majeste, see high treason

lessees, see chief tenants; coloni; leases. of
bakeries,
14, 17, 3.
decurions not to be
guarantors of, NTh 9. of imperial lands,

see emphyteutic estates; patrimonial estates. members of imperial service as, NTh
7, I
letters, of delegations, 12, 12, 5; see s.v. of
discharge, military, 12, I, 45, see discharge.
imperial. patent, see imperial letters. as
testaments, 4, 4, 2. transfer of property by,
16, 2, 27; 16, 5, 40
levees, of the Nile, not to be damaged, 9,
32. registrars of the river, II,24,
9, I; 12, II, i. to Africans, NVal 12, 1. of

farm produce, 2, 33, . to slaves, coloni,
etc., 2, 31, I
lodging places, 8, 6
long established custom, 5, 20
long time prescriptions, see prescriptions
losses, not to be inflicted on provincials, iI,
II
lot, judges chosen by,
2, I, 12; 9, I, 13
Lucania, taxes of, II,28, 7; 14, 4, 4; NVal
36, i. use of horses in, 9, 30, I
lustral
lustral
Lycia,
Lydia,
gold, silver, tax, see s.v. tax

sacrifices, 16, 2, 5. tax, see s.v. tax
restoration of status to, 9, 38, 9
appeals in, i, 6, i
Macedonia, mines and quarries in, I, 32, 5;

10, 19, 7-8. Senators in, 6, 4, II. taxes in,
6, 2, 14
Macedonians, sect of, 16, 5, 11-13; 16, 5,
59-60; 16, 5, 65
Macrobius, Grand Chamberlain, 6, 8,
5,
of Spain, 8,
1. Vicar
61
madder grass, tax on, NVal 13, I

magic, crimes of, 9, I6; 9, 38, 3-4; 9, 38, 7-8;
9, 40, I; 9, 42, 2; 9, 42, 4;
II, 36,
II, 36, I;
7; 16, 5, 34; Sirm. 8

magistrates, of the City of Rome, 6, 4, II
court of, II, 31, I; II,31, 3. Illustrious,
NTh 25, 1. municipal, 5, 15, 2o; 6, 35 3;
7, 9, 2; 7, 20, 2; 8, 5, i; 8, 5, 34; 8, 12, i;
8, 12, 3; 8, 12, 8; 9, 2, 3; 9, 2, 5; 9, 42, xo;
II, 8, 3; II, 30, I2; II, 31, 3; II, 31, 5;
12, I, 8; 12, I, 16; 12, I,21; 12, 1, 26; r2,
1, 29; 12, 1, 39; 12, 1, 49; 12, I, 77; 12,
levy, tax, see tax assessment

liability, of tutors and curators, 3, 30
libel, 9, 34, passim
I, 151; 12, I, 169; 12,
liberal studies, 13, 3, 3; 13, 3, 17-18; 13, 4,
3, 1;
i;
I; 14, I, I; 14, 9; 16, 8, 24; NTh I, i
liberty, see freedom

library at Constantinople, 14, 9, 2
Libya, soldiers in, NTh 24
Licinianus, natural son of Licinius, 4, 6, 2-3
13,
5, 7;
14,
5,
15, 2;
I; 12, II, i;
14, 25, I;
13,
15, 5,
16, 2, 31; 16, 1o, 25; Sirm. 14; NVal
15, I. municipal, exemption from duties of,

6, 35, 3; NVal 2, 2. of the peace, 8, 7,
10, I, 17; II, 24, 6; 12, 14.
21;
quinqueviral,
4, 6, 3; 13, 3, 17. of the Senate, 15, 7, 6
Magnentius, usurper, 16, 10, 5

maidens, holy, dress of, 15, 7, 12. exemptions
Licinius, tyrant, 15, 14, I

lictors, consular, 8, 9, I
lighter, captain of, 13, 5, I

lighthouse, care of, 14, 6, 3
of, 13, 1o, 4; 13,
lightning, portent of, I6, lo, I

Lilybaeum, NVal 1, 2
NMarc 5,
To,
6;
12, 2, 22.
rape or
marriage of, 9, 25; Sirm. xo; NMaj 6, i;
limeburners, compulsory public service of,

6, 23, 3-4; II, i6, 15; II, 16, 18; NVal 5,
i. decurions not to be, 12, I, 37. exemption from duties of, 6, 23, 3-4; II, 16, 15;
1I, 16, 18. of monuments, 9, 17, 2. of Rome

and Constantinople, 14, 6
lime, transport of, 14, 6, 1-2; NVal 5, I

linen weavers, io, 2o, 6; 10, 20, 8; 1o, 20, 16;
'3, 5, 13
list of artisans, 13, 4, 2
lists, official, see official registers. tax, see
tax lists
literature, study and teaching of, 13, 3, passim; 14, I, I; 14, 9, passim; see professors
litigants, appeals of, see s.v. death of, during
a suit, 2, 6, 3-4; 2, 12, I; 1I, 35. extortion
of, i, 16, 7; see also s.v. failure of, to appear in court, 2, 18, 2; II, 31, passim.
forum of, see s.v.

litigation, see also actions; suits. in boundary
disputes, 2, 26; 4, 14, 1. by coparties, 2, 5.
expenses of, 4, 18; see expenses of suits. involving paternal and maternal property, 8,
18, passim; NVal 14, I; see also s.v. property. property involved in, 4, 5; see prop-
erty in suit. vexatious, see calumny

litiscontestation, see suit, attestation of
Livenza, bridge of, II, 10, 2
loans, 2, 4, 6; 2, 33, passim; 1o, 24,
1-3;
12,
1.
sold by procurers, 15, 8, I.

and their succession. NMaj 6; NMarc 5, I
maidens, rape of. 9, I, I; 9, 24; 9, 25; Sirm.
I0
Majorian, Emperor, abrogation of parts of

law of, NSev 2. beginning of the reign of,
NMaj i
majorina, 9, 21, 6; 9, 23, I
majority, see legal age
Majuma, I5, 6
maladministration by judges, 9, 27, passim
maledictions, against the Emperors, 9, 4
malicious accusers, 9, 39, see accusers; calumny
mancipation, formality of, 8, 12, 4-5; 8, 12, 7

mandates, 12, I, 54. of absentee owners, 4,
22, 1. of delegates, 12, 12, passim. of the
Emperors, I, 3; 10, 4, I; NTh 4, I; 17, 2;
26, i; NMarc i, i. of procurators,
2, 12, passim
mandators, NVal 12, i; 35, I
24, I;
Manichaeans, heretics, 16, 5, 3; 16, 5, 7; 16,

5, 9; 16, 5, II; 16, 5, 18; 16, 5, 35; 16, 5,
6
38; 16, 5, 40-41; 16, 5, 43; 1 , 5, 59; 16,
5, 62; 16, 5, 64-65; 16, 7, 3; 16, 10, 24;
Sirm. 6; 12; NTh 3, i; NVal 18
manslaughter, see homicide
manumission, in the churches, 4, 7; 16, 6, 4.
by non-owners, 4, 9. before puberty, 4, 8, 6.
of slaves, 4, 7, I; 7, 18, 4; 8, 5, 58; 8, 12,
2; 15, 14, 8-9; 15, 14, 13; Sirm. 4; NVal
on Sundays,
25, I; 27, I; see freedom.
2, 8, i. by testament, 4, 7, 1; 16, 8, 28;
NTh 16, 1. under the tyrants, 15, 14, 5;
15, 14, 8-9; 15, 14, 13
manumitters, rights of, 4, lo, passim; NVal
25, I; see also patrons
marble, quarrying of, IO, Ig, passim. use of,

in buildings, 15, I, passim
Marcellians, heretics, 6, 5, 65
Marcellinus, Count of the Largesses, NTh

17,
1.
Tribune and Imperial Secretary, 16,
5, 55
Marcellus, jurist, I, 4, 3
Marcharidus, proscription of, 9, 42, 18

Marcianists, heretics, 16, 5, 65
Marcianopolis, Bishop of, 16, I, 3

Marcianus, secret service member, NTh 8, I
marines, 10, 23
market prices, current, 7, 4, lo; 7, 4, 28; 7,
4, 32; 7, 4, 36; 8, 4, 19; II,
1, 37; 11, 2,
2; II, 15, 2; 16, 8, io

Marmarius, Bishop of Martianopolis, 16,
1, 3
marriages, 3, 7. of administrators, 3, 6; 3,
ii. with barbarians, 3, 14, I. of breadmakers, 14, 3, 2; 14, 3, 14; 14, 3, 21. brokers,
3, 7, I. children of former, 2, 21, 2; 3, 8,
2-3. of Christians and Jews forbidden, 3, 7,
2; 9, 7, 5. contracted by rape, 9, 24, 3. contracts of, see s.v. of cousins, 3, 10, I; 3,
12, 3. to daughters of decurions, 12, I, 124;
NTh 22, 2; NMaj 7, 1. of decurions, 12,
i, 6; NVal 31, i; NMaj 7, i. dissolved by
divorce, see s.v. failure to consummate, 3,

5, 2; 3, 5, 6; 3, 5, o-II. with foreigners,
3, 14; NVal 31, 1. with freedmen, NAnth
i, I. gifts prior to, see gifts, betrothal. of
girls under tutors, 9, 8, I. of guildsmen,
14, 7, I. of holy maidens and of widows,
9, 25; NMaj 6, 1. imperial permission for,
3, 10, I. incestuous, 3, 12; 9, 38, 6; 9, 38, 8.
of miners, 1o, 19, 15. of minor women, 3,
I, 3; 3, 5, passim; 3, 7, I. of minters, 1o,
20, 1o. of persons accused of adultery, 9,
7, 8. of persons of unequal status, 14, 7, I;
NTh 22, I; NMaj 7, i; see freedmen;
slaves; slave women. petitioned for by rescript, 3, 1o. property acquired through,
by children under paternal power, 8, ig.
of purple dye fishers, 10, 20, 5; 10, 20, 17.
of Senators, 4, 6, 3; NMarc 4. subsequent,
3, 5, 1i; 3, 7, 1; 3, 8; 3, 9; 3, IT, I; 3, 12,
14; 3, 16, 2; 3, 17, 4; 5, I, 8; 8, 13, i; 8,
13, 4; 8, 18, 3; 8, 18, 1o; NTh ii, I; 14,
I; 22, 2; NMaj 6, i; NSev i, i. validity

of, 3, 7, 3; 4, 3, i; 4, 6, 4; 4, 6, 7; 9, 24, 3;
NAnth i, i. of widows, see marriages, subsequent. against will of women, 3, II; see
betrothals by force; unions
Martinus, constitutionary, Min. Sen. i; 7.

professor of argumentation, 6, 21, I
Martius, Campus, 14, 14
Martyrius, Count of the Consistory, i, i, 6.

Count and Quaestor, NTh i, i
martyrs, burial places of, 9, 17, 6-7; NMarc
5, I
masters, administrators with power of, 8, 3.

of admissions, 6, 2, 23; II, 18,
1.
of ar-
rangements, 6, 26, 2. of both branches of

the military service, 7, 4, 24; 10, 20, 1I;
II, 24, 4; NTh 4, I; see masters of the
horse and foot. of the bureaus, imperial,

6, I; see bureaus. of the bureau of memorials, i, I, 5; NTh i, i. of coloni, 5,
18, I; 5, 19, I; 7, 13, 5; 8, 2, 5; 11, 24, 6;
NVal 23, 1; 31, I; 35, i; NMaj 7, 1; NSev
2, I; see coloni. of freedmen, 14, 3, 10;
NVal 25, i; see freedmen. of gladiators,
[ 627 J
Index
9, 40, II. grants of freedom by, see manu-
mission. of the horse, 6,
22,
4. of the horse
and foot, 6, 7, 1-2; 7, 8, 3; 7, 13, 8; 8, I,

5; 8, 3, 1; 8, 5, 30; 8, 5, 43-44; 8, 7, 4-5;
IT, I, I; 12, 1, 38; 12, 1, 78; 12, 6, 6; 15,
12, 2. of literature, 13, 3, 18. of office of
accountants, 8, x, 8. of offices, I,g; 6, 9;

6, io,4; 6, 27, 3; 6, 27, 20-21; 6, 29, 10;
8,5, 8-9; 8, 5, 22; 8, 5, 35; II, 9, I; IT,
18, I; 12, I, 38; 12, I, 120; 16, 5, 29; 16,
8, 22; 16, To, I; NTh 6, 1; 23, 1; 24, 1.
privileges of apparitors of, 8, 3. of the
privy purse, 1o, I, 2; 12, I, 14. of ships,
To, 19, 6; 13, 7, 1-2; see shipmasters. of
slaves, 4, 6, 7; 4, 8, passim; 4, 12, 1; 5, 6,
2; 5, 9, 1-2; 5, 17, 3; 7, 13, 5; 7, 13, 16;
8, 2, 5; 9, i, 14; 9, 5, I; 9, 6; 9, 10, 4;
9, 12, 1-2; 9, 17, I; 9, 21, 2; 9, 29, 2; 9,
45, 5; To, TO, 17; 1o, 1O, 33; 10, 12, 1-2;
II,9, i; 12, I, 6; 12, I, 50; 13, 3, I; 14,
7, ia; 14, 1O, I; 14, 17, 6; 14, 18, I; 15,
8, 2; 16, 4, 5; 16, 9, 3; NVal 23, I; 25,
I; 35, i; NSev 2, 1. of soldiers, I, 7; 1,
8, 3; 6, 6; 6, 7; 6, 8, i; 7, I, TO; 7, 8, 16;
7, II, I; 7, 17, I; 7, 18, II; 8, 5, 56; II,
18, I; 12, i, 181; NTh 7, 4; 24, I; NVal
9,i.of soldiers, administrative representative representatives of, 6, 14, 3. of soldiers,

court of, I, 7, 2; I, 7, 4; 9, 2, 2; NTh 7,
4. of studies, 12, I, 26; 12, I,98; 13, 3, 5;
13, 3, 10-II; 13, 3, 18. of tax assessment,
8, 12, 8;
26, i
14,
9,
1.
of weights, office of, 14,
maternal property, see s.v. property

matrons, exempt from public trial in civil
suits, 1, 22, I
Mauretania, imperial estates in, NVal 34, 1.
soldiers in, 12, 6, 28
Maximinus, civil priest, NVal 13, T. Count
and Master of the Bureaus, I, i, 6. ExQuaestor of the Palace, NTh I, I. Quaestor, I, i, 6
Maximus, professor of argumentation, 6, 21,

I. Quaestor (?), I, I, 6. secret service
member, Sirm. 12
measurer of grain, II,14, I; 14, 4, 9; 14, 15, I
measures, see weights. of oil, 14, 17, 15

meat, collection of taxes in, 14, 4, passim;
NVal 36, i; see cattle collectors; sheep
and goat collectors; swine collectors. ra-
To;
NVal 36,
1.
for soldiers,
7, 4, 2; 7, 4, 6; 8, 4, 17; NVal 13, I
mechanics, 13, 4, 3
Mecilianus, delegate for Africans, 12, i, 166
medical discharges, see discharges
Melitene, Bishop of, 16, i, 3
tions, 14, 4,
memorials, bureau of, see bureaus

mendicants, able-bodied, 14, 18, i
merchants, protection of, I, 10, 4; 7, i6, 3.
tax levied on, see tradesmen. use of money

by, 9, 23, I
Mesopotamia, vicar of, 8, 4, 4

Messalians, heretics, 16, 5, 65
messengers, imperial, see imperial messengers.
official, I, 15, 3
Micce, testament of, NVal 21, 2
military accountants, see accountants. affairs,
7, I; et passim. affairs, count of, 6, 14; 7,
4, 3. clothing; court, see s.vv. custody, ii,

7, 3; II,30, 15. dignitaries, privileges of,
14, 12, I. execution; food supplies; judges;
landholders, see s.vv. paymasters, 7, 4, I;
7, 4, 24; 8,7, 22; 1O, I, 17. peculium, see
s.v. roads, 8, 5, 3; NVal io,i. service, see
imperial service, armed. service, exemptions from, see exemptions. service, eva-
sion of, see Church, service in; mutilation.

subsistence allowances, see s.v.
millena, of land, NVal 5, i; NMaj 7, I
mimes, 15, 7, 11-13. actresses of, 15, 7, passim
miners, 1o, 19
mines, and quarries, labor in, as a punishment, I, 5, 3; 2, 14, I; 4, 8, 8; 5, 7, 2;
7, I8,I; 7, 18, 8; 8, 5, 17; 9, 10, 4; 9, 17,
I; 9, 18, I; 9, 38, lO; 9, 40, 2; 12, I, 6;
15, 8, 2; 15, 12, i; 16, 5, 40; 16, 5, 65;
Sirm. 8; 14; 16. and minerals, To, Ig.
procurators of, I,32, 5. and quarries, taxpayers of, II, 28, 9; II,28, II
ministers, of Church, see clerics; priests. of

heretics, see s.v.
minors, actions involving, see actions. correction of, 9, 13, 1. as creditors, 2, 33, 2; 3,
30, I. emancipated, 8, 12, 2. gifts to, 3, 5,
8; 8, 12, passim. granted benefit of legal
age, 2, I6, 2; 2, 17, i. guardians of, see
curators; guardians; tutors. in imperial
service, 7, I, 14. inheritance and succession of, 2, 6, 4; 2, 16, 2; 3, IS, I; 3, 30,
6; 4, 1,i; 4, 3, i; NTh ii,I. not to be
nominated as decurions, 12, I, 19. not to
transact business, 9, 43, I. as practors, 6,
4, 1-2. property of, 3, 17, passim; 3, 30,
2-6; 3, 32; 4, 22, 2; 8, 18, passim; 9, 43, I;
1O, 17, I. property of, alienation of, 2, 16,
I; 3, 13, 3; 3, 32; NTh 14, 1. protection
of, 2, 16, 1-3; 3, 5, passim; 3, 17, passim;
4, 4, 7; 4, 8, 6; 4, 14, I;4, 22, 2; 6, 4, 1-2;
12, I, 19; 13, II, 5; NMaj 6, 1. sale of,

see children. seizure of property of, 4, 22, 2
minters, imperial, 9, 21, 2; 10, 20
minting of money, To, 20, passim; II, 16, I;
II, 16, 18
mints, fiscal, 9, 21, 7. procurators of, II, 28,
3. provosts of, I, 32, 3
Modestinus, jurist, 1, 4, 3
Moenaenium, garrison at, 7, 4, 30
Moesia, mines in, I, 32, 5. taxes in, 7, 6, 3
Moesian (Mysian) border, patrols on, 7, 17, I
monasteries, 5, 3, i; NVal 35, I
money-changers, guilds of, 16, 4, 5; NVal
16, I
money, counterfeit, 9, 21; 9, 22, I; 9, 38, 7-8;
II,21, i; Sirm. 8. illegal use of, 9, 23,
1.
for use of land, 7, 20, II. payments of, for

taxes, see taxes in kind, commutation of
monks, 9, 40, 16; II, 30, 57; 16, 2, 32; 16, 3;
NVal 35, i; NMarc 5, 1. estates of, 5, 3.
hermit, 12, I, 63. itinerant, 16, 5, 52
Montanists, heretics, 16, 5, 34; 16, 5, 48; 16,
5, 57; 16, 5, 65; 16, 6, 5; NTh 3, i
Montenses, heretics, 16, 5, 43; Sirm. 12
monuments, not to be demolished, 9, 17, 2;
15, I, 14; NMaj 4, I
Moors of Sitifis, delegations of; taxes of,
NVal 13, I
morals, actions on, 3, 13, I;9, 20, I
mortgage, see hypothecated property

Most Noble, rank of, 2, 14, i; 6, 4, 4; 6, 4,
9; 6, 4, II; 6, 24, 7-10; 6, 25, i; 6, 26, 16;
7, 8, 3; 9, I, I; II,30, 23; 12, 1, 38; 12,
I, 42; 12, 1, 74; 12, I, 18o; 12, I, 183; 12,
6, 4; 13, 5, 2; 13, 5, 36; 13, 5, 38; 14, 3, lO;
14, 4, 3; 14, 4, 9; 16, 5, 52; 16, 8, 8; NTh
7, 4; 15, 2; NVal 6, 3; 13, i; NMaj 2, I;
NMarc I, I
Most Perfect, rank of, I, 32, 6; 2, 17, I; 4,

6, 3; 6, 22, i; 6, 35, 7; 6, 38; 8, 1, 6; 8, i,
o; 8, 4, 3; 8, 5, 36: 1O, 7, I; lo, 8, 2; 10,
20, I; 12, I, 5; 12, I, 15; 12, I, 26; 12, I,
42; 12, I, 44; 13, 3, 2; NMarc 4, I
mothers, actions between sons and, 2, 19, 2;
8, 13, 1. of administrators, gifts to, 8, 15,
6. of apostates, 16, 7, 6. of betrothed girls,

3, 5, II. of clerics, 16, 2, 44; Sirm. 10. exemptions of, 7, 13, 7; 7, 20, 4. as guardians, 3, 17, 4; NTh ii, I; NMaj 6, i; NSev
I, I. inheritance and succession of, 3, 5, 2;
3, 8, 2; 3, 12, 3; 4, i,I; 4, 6, 3; 4, 6, 6;
5, I, passim; 7, 8, 16; 7, 13, 7; 8, 18, passim; 9, 14, 3; 9, 24, I; 9, 42, 8-9; 16, 7, 6;
16, 8, 28; NTh II,I; 22, 1-2; NVal 25, I;
35, i; NMaj 6, i; NSev I, I; NAnth I, i.
of natural children, 4, 6; see also s.v. chil-
dren. property of, see property, maternal.

revocation of gifts by, 8, 13, 1; 8, 13, 4.
and the status of their children, 4, 8, 4;
4, 8, 7; 4, 12, 3; 1O, 20, I5; 1O, 20, 17;
12, i, 51; 12, I, 1Ol; 12, I, 137; 12, I,
178; 14, 4, 8; 14, 7, I; NMaj 7, I
mothers-in-law of administrators, gifts to,
8, 15, 6
II, 24, 6
mounted police, 6, 27, 3
"mournful" portion, 2, 19, 2
muledrivers, 7, 14, I; 8, 5, To; 8, 5, 14; 8, 5,
31; 8, 5, 34; 8, 5, 53; 8, 5, 58. of public
post, 8, 5, 8
municipal council, see decurions; municipal
senate. assistants of, 9, 2, 6. attempts to
evade, see compulsory public services, evasion of. clerics exempt from, see exemptions of clerics. clerics restored to, 16, 2,
passim; Sirm. 9. collection of taxes by,
see s.v. decurions. compulsory public services of, see decurions. delegations of, 12,
12, passim. exempt from duty of spectacles,
15, 5, 4. exempt from taxes, 12, I, 50; 13,
I, 4. heretics bound to, see decurions. heretics restrained by, 16, 5, 65. inheritance by,
5, 2, I; 9, 42, 24; 12, I, 123; NTh 22, 2;
mother villages,
NVal 3, 1. natural sons of decurions bound

to, NTh 22. nominations to, see s.v. nomination of Jew to, 16, 8, 3. not connected
with Senate, 6, 3, 2-3. not to be fined by

governors, NMaj 7, I. not to furnish baths,
7, IT, I. patrons of, 8, 5, 46; 12, I, 61.
procurators of, 7, 4, I; 7, 4, 32; 12, I,

property of, 5, 2, I; 5, 3, I; 9, 42, 24;
2o, 6; 12, 1, passim; I2, 3, 2; 12, 6, 5;
20.
II,
12,
18, 2; 13, II, 9; 15, 5, 4; NTh 22, 1-2;

NVal 3, I; 32, I; 35, 1; NMaj 7; see also
municipalities. qualifications for members

of, see decurions. quorum in, 12, I, 84; 12,
I, 142. sentences on behalf of, NTh 13, 1.
service in as punishment, I, 5, 13; 12, I,
io8. soldiers not recalled to, 6, 14, 2. sons
of veterans in, 7, I, 5; 7, 22, II; 7, 22, 4-5;
7, 22, 7. tax remissions of, II,20, 6; II,
28, 9; II, 28, 16; 12, 13, 4
municipal food rations, 14, 17. magistrates,

see s.v.
municipalities, chief decurions of, see s.v.
compulsory public services of, 3, 1, 8; 6,
35, 3; 7, 20, 2; 8, 7, 17; 9, 19, I; 9, 42, 24;
10, 22, 6; II, 7, 21; II, 1O, 2; II, 22, 1-2;
12, 1, passim; 12, 5; 13, 5, 7; 13, 5, 16;
13, 9, 3; 15, I, 41; 16, 2, passim; Sirm. 9;
NTh 3, I; 1O, I; 15, 1-2; 22, 1-2; NVal
3, I; NMaj 7, I; see also s.v. compulsory public services. curators of, I, 30;
see s.v. defenders of, I, 29; see s.v. delegations of, 12, 12, passim; 16, 2, 42; see
also s.v. desertion of, by decurions and
2, 2;
guildsmen, 12, 18; 12, Ig, passim; 14, 7,
1.
government of, 2, 18, 3. heretics barred

from, 16, 5, passim. land belonging to,
must be restored, NTh 23, 1. maritime and
inland, taxes of, II, I, 22. office staff of
the largesses in, 6, 35, 3; 8, 3, i. property
628 ]
Index
4, I. of tax collectors and receivers, II, 25,
I; 12, I, 8; 12, I, 54; 12, 6, I; 12, 6, 8;
12, 6, 20
nominators, liability of, II,25, I; 12, I, 54;
12, I, 192; 12, 5, I; 12, 6, I; 12, 6, 8; 12,
6, 20; 12, II, I; NTh 6, I
lic records of, see records. public spectacles
in, 15, 5, passim. public works in, 15, I, non-owners, manumission by, 4, 9
notaries, 9, 19, 1; 12, I, 3; NVal i, I
passim; NTh 22, 1. registrars of, see tax
registrars. slaves of, 4, 12, 3; 4, 12, 5. tax notices, of divorce, 3, 16; NTh 12. of proscription affixed to property, 9, 42, II; 9,
accountants of, see accountants. taxes of,
42, 20; 10, 9, I. of title, 2, 14, I
4, 13, 7; II, 1, 2; II, 1, 22; II, 16, 3;
notification, of appeal, II,30, 67. by edict,
II, 20, 3; II, 2o, 6; II, 22, 1-2; 12, 6, pas2, 4, 4; 2, 27, 1; 5, II, II; 6, 27, 23; 8,
sim; 13, I, 17-18; 13, 3, 16; 13, lo, passim;
4, 15; 1o, 19, 7; 12, I, 23; 12, I, 119; 12,
13, II, passim; 15, I, 18; I, I, 33; N.aj
I, 161. omission of, 2, 4, 3; 2, 4, 6; 8, 15,
2, I; NMarc 2, I. teachers in, 13, 3, pasand income of, 4, 13, 7; 5, 14; 7, 7, 2-3;
10, 3, passim; lo, lO, 24; II, 20, 3; II, 20,

6; 12, 4, I; 12, II, passim; 15, 1, passim;
NTh 17, 2; 22, 2; 23; NVal 3, I; 13, I;
27, 1; NMaj 7, '; NMarc 2, I; 3, L. pub-
sim; 13, 4, 4. trials in, 9, 2, 6;
II,30,
63
municipal senates, see also municipal councils. 3, 3o, 6; 6, 27, 16; 6, 35, 12; 7, 2, 2;
7, 4, 25; 7, 7, 2; 7, 13, 7; 7, 22, 5; 8, 5, 34;
9, 2, 5; 9, 35, 2; lO, 4, 2; 1O, 22, 6; II, 8,
3; II, 22, 2; II, 28, io; II, 28, 16; 12, I,
passim; 12, 13, 4; 12, 19, 3; 13, I, 4; 13,
3, 2; 13, 3, 5; 15, 1, 33-34; 15, 1, 37; 15,
I, 41; 16, 2, 31; 16, 2, 39; 16, 5, 46; 16, 5,
48; 16, 8, 3; Sirm. 9; 12; 14; NTh 22,
1-2; NVal 3, 1; 7, 2; 13, I; 15, I; NMaj
2, I; 7, I; II, I
murder, see homicide; parricide

music, slaves trained in art of, 15, 7, 10
Musonianus, Praetorian Prefect, 13, 5, 14

Musonius, Count and Master of Offices, 8, 5,
8
mutilation, to escape military service, 7, 13,
4-5; 7, 13, lO; 7, 22, I
mutual promise to abide by a decision (compromissum), 2, I, lo; 15, 14, 9; NVal 35, I
Mysia, decurions in, 12, I,96; see also Moesia

natal days, of the Emperors, 2, 8, 19-20; 2,
8, 23-25; 6, 4, TO; 6, 4, 29-30; 6, 26, II;

6,26, 17; 6,29, 6; 6,30, 21; 15, 5, 5. of
Rome and Constantinople, 2, 8, 19
Natalis, Duke of Sardinia, 9, 27, 3
natural children, see s.v. children
naval bases, 7, 15, 2
navigation, season of, 13, 9, 3
necessary heirs, 2, 19, 3
necessity of proof, see proof

Nectarius, Bishop of Constantinople, I6, I,3
Neoterius, Respectable, I, I,6
Nestorius, heretic, 16, 5, 66. rank of, 6, 26, To

newborn children, purchase and rearing of,
5, 10, I
New Wall, in Constantinople, 7, 8, 13; 15,

I, 51
Nicene Creed, r6, 1, 3; 16, 5, 6

nieces, in incestuous marriages, 3, 12, I; 3,
12, 3
Nile, alluvial lands of, NTh 20, 1. levees of,
9, 32
Nitentius, Tribune and Imperial Secretary,

16, 6, 2
nominations, of armorers, NTh 6, 1. of
breadmakers, 13, 5, 2. of civil priests, 12,
I, 148. by edicts, II, 30, 53. of municipal
councils, 12, I, 53; 12, I, 84. to the municipal councils, 6, 27, 16; II, 30, ig; II, 31,
8; 12, I, TO; 12, I, I9; 12, I, 28; 12, I, 33;
12, I, 53; 12, I, 66; 12, I, 72; 12, I, 84;
12, I, 94; 12, I, 140; 12, I, 142; 12, I, 192;
16, 2, I; 16, 8, 3. to municipal offices, II,

30,
1O;
II,
30,
12, I, 13; 12,
2,
1.
1,
12;
II,
30,
i9;
16; 12, 1, 28; 12,
12,
5,
I,
I;
6. of praetors, 6, 4,
13;
6, 4, 22; 6, 4, 27;
6, 4, 34. of recruit collectors, 6, 4, 21.

renewal of, 2, 6; II, 31, 6. of renewal of
suit, II, 31, passim. by rescript, 2, 4, 4.
of suit, 2, 4; 2, 5; 2, 14, I; 2, 15, I; 2, 33,
I; 4, 22, 2; 4, 23, I; 8, 15, 6; TO, lO, 27;
see also summons. of taxes, 8, I, 9. of
women in slave unions, 4, 12, 4-5; 4, 12, 7;
10, 20, 3; 10, 20, Io; NVal 31, I; see slaves,
unions of
Novatians, heretics, 16, 5, 2; 16, 5, 59; 16,
5, 65; 6, 6, 6
novation, 2, 27, I
Novels, Theodosian, I,I,6. confirmation of,
NTh 2; NVal 26
Numidia, delegations from, NVal 13, 1. imperial estates in, NVal 34, 1. soldiers in,
12, 6, 28. taxes in, ii,
1, 29; NVal 13, I;
34, 1. teamsters from, 8, 4, 2
nuncupations, 4, 4, 2; 4, 4, 5; 4, 4, 7; NTh
16, I;NVal 21, I
nuns, estates of, 5, 3, I; see also maidens,
holy; sanctimonials
nurses, punishment of, in cases of rape, 9,
24,
Nyssa, Bishop of, 6, I, 3

Oasis, exile to, 9,
32, I
oaths, to bind with, 2, 27, I; 4, 6, 3; 7, 20,
I; 9, 14, 3; TO, 8, 5; II, 30, 6; II,39, 3;
12, I, 105; 15, 14, 9; NTh 9, I; II, I; 6,
I; 22, 2. of imperial service, 6, 13, I; 6,
23, I; 6, 27, 3; 6, 35, 14; 7, 1: 4, 6; 7, 2, 2;
7, 8, 15; 7, 13, 5-7; 7, 20, 12; 7, 22: 3, 5;
8, 1: 8, 17; 8, 4: 4, 8, 13, 21, 22, 26;
8, 7: 16, I8; 9, 14, 3; 9,37, 2 9, 38, II;
lO, 22, 4; 11, 7, 21; II, 12, 3; 12, I: 1O, 42,
43, 87, 95, 113, 147, 168, 179, 181; 12, 6, 5;
13, I, 2; 16, 5, 48; 16, 8, 24; NTh 4, I;
7, I; NVal 7, 3; 15, I; 28, I
II,30, 8. of fiscal representative; of gov-
ernor of a province, I, 16; see s.vv. of grain

collector, 14, 26, 1. of master of offices,
I, 9; of master of soldiers, i,7; see s.vv.
of master of weights, 14, 26, 1. of military
judges, I, 21; palatine; of praetorian prefect, I, 5; of prefect of the annona; of prefect of the City, i,6; see s.vv. of prefect
of the City guards, 1, 2, I; I, IS; 2, 10, 2;
2, 17, 1. of proconsul, see s.v. of proconsul and legate, I, 12. public, title of property given or sold to persons holding, 8,
15; NVal 32. of quaestor, I, 8; see s.v.
of records, 7, 22, 8; 8, 7, II. of registrar,
see tax registrars. of special investigator,
8, 4, 16; 9, 9, 1. of tax assessment; of tax
assessors, see s.vv. of taxation, 12, 6, II;
13, To. of tax collectors and receivers; of
trial judge, see s.vv. of tribune of amusements, I, ig. of vicar, I, 15, see s.v.
offices, to be held only once, 9, 26, 2-4. various,
their apparitors and certificates of approval, 8, 7
office staffs, see apparitors. chiefs of; primates of; secretaries of, see s.vv.
official cincture, see cincture of office
official escorts of tax payments, compulsory
public service as, 6, 37, I; 8, 5, 18; 8, 5,
4o; 8, 5, 47-48; 8, 6, 2; 1O, 24, 3; II, o,
1-2; 12, I, 161; 12, 6, 12-13;
4; 13, 9, 4; 16, 8, 2
official messengers, I, 15, 3
land,
2, 29, 2;
of
5, 12, 2-3; 5, 13, 4; 5, 14, 30;
5, 14, 33; 5, 15, 15; 13, II, 9-10; IS, I, 47.
of property, 2,
29, 2;
9, 42, 3; 9, 42, 7; 9,
42, 15; 9, 42, 19; 1O, I, I;
10,
I,
15; lo, 6,
I; 10, 8, 2; 1O, 8, 5; 1o, lo, II; II, 9, 2;

13, 6, 7; 15, I,50; 6,8, 2o; 16, 8, 26; NTh
22, 2; NVal 8, I; see forcible entry and
seizure
"Of Whatsoever Goods," interdict, 4, 21; II,

36, 22
offertory, of gold, see s.v. of horses, 7, 23;
see also tax payments. Senatorial, 6, 26,
12. of votive offerings, 6,
24
8; 13, 4,
30, 16; 6, 35, 3; 8, 8, 4; 12, I, 147. of the

secret service, I, 9, 1-3; 6, 27, passim; 8, 8,
1. of the Senate, 12, I, 48;

of shipmasters, 13, 5, 14. of
soldiers, 7, I, II; II, 5, 1. of torchbearers,
NVal 30, 1. of tradesmen, 16, 2, 15
12,
occupation, of an inheritance, 2, 19, 3.
12,
official register, of advocates, NTh TO, I. of

household guards, 6, 24, 2; 6, 24, 5; 6, 24,
7; 8, 8, 4. of the imperial service, 7, 12, 2;
7, IS, 16; 8, 4, 20; 9, 38, II. of the municipal councils, 12, I, 142; NMaj 7, I. of
palace stewards, 6, 32, 2. of palatines, 6,
4; NVal 28,
16,
of recording secretaries, 12, I, 192. of shipmasters, 13, 9, 3. of swine collectors, 14,
of the sacred imperial largesses, I, lo; of

custodian of the State storehouses; of defender of the municipalities, I, 29; of delegate; of duumvir, see s.vv. of fiscal accounts,
obligation, of land, 2, 30, 2; 2, 31, I; 8, 8, 1o.

of pledges, 15, 14, 9. written, 2, 4, 3; 2, 4, 6;
2, 13, I; 2, 27, I; 4, 8, 6; 5, 15, 14; 5, 15,
2o; 9, 19, 4; lo, 6, 3; 1O, 24, 2; NTh 22, 2;
NVal 12, I; 13, I; 22, 1; NMaj 2, I;
NMarc 2, I
Octavianus, debts of, NVal 13, I
and quaestors, 6, 4, passim; NTh 15, 1.
count of the privy purse, I, II; of count
objection, see exception
8;
by petitions, II, 30, 53. of praetors
office, of accountants, see s.v. of accounts, 6,

35, 4; 7, 22, 8; 8, 7, II; 1O, 24, 1. of admissions, 6, 35, 3; 6, 35, 7. of advocate of
the fisc, see s.v. of all judges, I, 22. of augustal prefect, I,14; see s.v. of civil judges,
1, 20; see s.v. of civil priest; commissary,
see s.vv. of comptroller of the accounts
and of the privy purse, 1, 17. of confidential adviser; of confidential agent; of count
of Egypt; of count of the Orient, I, 13; of
I, 57.
official report, see report
oil, measure of, 14, 17, 15. tables, 14,

taxes of, 14, 15, 3. treasury, 12, II, 2
24.
Olybrius, Consul, 395, II, 28, 3. Consul 379,

NMarc 3, I
"On the Production of Wills," interdict,
9,
20, I
"On What Grounds Children," edict, 4, 2

open market, prices of, see prices
Ophitans, heretics, NTh 3, I
opinions, of judges, II,29, 5; I, 30: 6, 8,
9, II, 14, 16, I8. of jurists, I,4; see jurists
Optimus, Bishop of Antioch, 16, I,3
oracle, imperial, an imperial rescript, Min.
Sen. 6; I, I, 8; 2, 1, 9; 2, 4, 5; 2, 23, I;
7, 3, 2; 8, 4: 15, 26; II, 12, 4; II, 13, I;
II, 16, 16; II,21, 3; II, 30, 54; 13, 3, I8;
13,
II,
12;
15, 2, 6; 16, 5,
16, 7, 7; 16, lo, 8; Sirm.
629 ]
17; 16, 5, 51;
2; To;
II; NTh
Index
6, i; 8, i; 17, 1-2; 25, i; NVal 7, 3; 19, I;
24, I; 35, I; NMaj 5, ; 9, I; NSev i, I
oral wills, see nuncupations
orations, of Emperors, 4, i, 1; 6, 4, 21; 12, I1,
2; 14, 6, 2; Sirm. 8; NVal 1, 3
orators, 13, 3, II ; 13, 3, 16; 14, 9, 3
order, of dignities, 6, 5; 6, 6, i; 6, 7; 6, 8;
et passim in Book 6; 7, 3; 8, 7, I; NVal
iI, I; see also official registers. of honorary dignities, 6, 22, passim. of seating,
6, 8, I; 6, 35, 13
ordinary judge, see s.v. judge
ordination of bishops, NVal 17. of clerics
against their will, NMaj iI, I
Orient, bishops in, 16, 1, 3. clerics in, 16, 2,
7. consuls in, 15, 14, 9. count of, see
count. count and master of soldiers in, 7,
8, 8; NTh 4, I. laws valid in, 12, I, 158;
NTh I, I. miners in, lO, 19, 7. patrimonial
estates of imperial household and border
farms in, 5, 12, 2; 5, 14, 31; NTh 5. prefect of, Min. Sen. 3; 8, 4, 30; 12, I, 188;
NTh I, 1; 15, I; 26, i; NMarc 2, 1; 3, 1.
shipmasters in, 13, 5, 14; 13, 5, 32. soldiers
in, 7, 4, 31; NTh 4, 1. taxes in, 7, 6, 3;

IT, 28, 9. travel between the west and,
7, 16, i
Orontes, clearing of, lO, 23, I
orthodox bishops; churches, see s.vv. clerics,

Sirm. 3
osculation, right of, 6, 24, 4; 12, I, 109
Osroene, clothing tax in, 7, 6, 3. decurions
in, 12, 1, 79; 12, I, 105; 12, 3, 2
Ostian bread, price of, 14, 19

Otreius, Bishop of Melitene, 16, i, 3
ousia, 16, 5, 6
overseers, cohabitation with, by free women,

4, 12, 5; NMaj 7, 1. of estates of privy
purse, io, 4; II, 7, 6. of imperial estates,
I, 11, 2; 2, 1, I; 2, I, II; 7, 18, 7; 7, 18, 12;
iI, 6, 12; II, ig, 4; 12, 9, 3; NMaj 2, I.
of landed estates, 2, 30, 2; 2, 31, 1; 2, 32, 1;
5, 7, 2; 6, 2, 16; 7, 8, 1o; 9, 21, 2; II, I, 14;
II, 7, 16; II, 15, I; 12, 1, 6; 14, 17, 6;
15, 3, 3; Sirm. 16; NVal 6, 1-2; NMaj
2, I. penalties of, for harboring and other
crimes, 7, 18, passim; 9, 21, 2; 9, 29, 2; 9,
30, 2; 12, i, 6; 12, I, 179; 16, 5, 40; Sirm.
16; NVal 6, i; NMaj 7, i

ownerless property, see property
owners, absentee, 4, 22, I; 7, 20, II; Sirm.
12. of estates that harbor deserters and
heretics, 7, 18, passim; 16, 5, passim; 16, 6,
4; 16, 1O, 12-13; NVal 6, 1-2; NMaj 7, I.
of exposed children, 5, 9, 1-2. of houses
subject to compulsory quartering, see
quartering. of land, 2, 26, I; 5, 3, I; 5, 6,
3; 5, 7, 2; 5, II, 9-12; 5, 13, i; 5, 13, 4;
6, 2, 21; 7, 8, 1o; 9, 21, 2; 9, 21, 4; 9, 30,
5; II, I, 14; II, I, 25; 12, 3, 2; 12, II, I;
13, II, 6; 13, II, 13; 13, Ii, 15-16; Sirm.
12; NVal 35, i; NMaj 7, i; see also landholders. money lent by, 2, 31, 1. obligations of, II, I, 14; 11, I, 25; IT, 3, 2-5; 11,
9, I; II, 20, 3; II, 20, 5-6; 12, 1, 33; 12, 1,
124. of property to pay taxes thereon,
II, 3, passim
ownership, of alluvial lands and swamps,
NTh 20, r. of betrothal gifts, 3, 5, 6; NTh
14, 1. of buildings on public land, 2, 23, 1.
of foundlings, 5, 9; Sirm. 5. of imperial
grants of property, lO, TO, 5; NAnth 3, 1.
of inheritances, 5, I, I; 9, 9, i; NTh 22, 2.
of municipal property, NMarc 3, i. of oil
tables, 14, 24, 1. of paternal and maternal
property, 8, 18, passim; NTh 14, i; see
s.vv. of peculium, see s.v. of property
acquired at State auctions, 1O, 17. of prop-
erty of condemned persons, 9, 42, passim.
of property sold or given to administrators,

8, 15, passim; NVal 32, I. of property in
suit, 2, 5; 4, i8; 5, 1, 4; 2O, 12, 2; see s.v.
of treasuretrove, 1o, 18, 1-3. of water
rights, 15, 2, 7
pack-animal drivers, 8, 4, 2; see teamsters
pack animals, 7, i, 9; 8, 5, 3; 1O, 20, 4
pacts, 2, 9; 3, 13, 2; 4, 6, 3; 9, 19, 4; 9, 24, 1;
II, 3, 2-3; 12, 1, 36; 12, 4, i; 13, 1O, 3;
NTh 9, 1. marriage, 3, 5, 12; 9, 24, 1.
under tyrants, to remain valid, 15, 14, 5;
15, 14, 8-9
pagans, 2, 8, 22; 15, 5, 5; 16, 2, 18; 16, 5, 43;
6, 5, 46; 16, 5, 63; 6, 7, 1-2; 16, 8, 26;

6, io; Sirm. 6; 12; 14; NTh 3; NVal 18,
i. as decurions, 12, I, 157. rites of, not
holidays, 2, 8, 22. rites of, prohibited, 6,
To, passim; Sirm. 12
pages, 8, 7, 5
painting, teaching of, 13, 4, 4

palace, imperial, counts and chief physicians
of, 6, 16; iI, 18, I; 13, 3, 12; 13, 3, 14-19.
curator of, 6, 13, i; II, 18, i. decurions of,
6, 23; 8, 7, 5; iI, 18, 1. guards, 6, 33.
maintenance of, 7, 1O, I; 15, i, 35; 15, I, 47.
no person shall lodge in, 7, io. service in,
6, 2, 19; 6, 18, i; 6, 22, 1; 6, 26, 2; 6, 26, 8;
6, 27, 2; 6, 30, 12; 6, 35; 6, 36, I; 7, 4, 35;
8, i, To; 8, 2, 1; 8, 7, 5; 9, 26, I; II,12, 3;
iI, 16, 14-15; 12, I, 5; 12, I, 22; 12, 1, 31;
12, I, 44; 12, 6, 6; 13, 5, 14; 16, 5, 42;
NVal 27, r. service in, privileges of, 6, 35;
7, 20, 1O. steward, 6, 35, 3; 6, 35, 7; I,
18, I; 12, I, 38. steward, office staff of, 6,
32; 6, 35, 7. struck by lightning, 16, 1o, I.
supply of water for, 15, 2, 2. under con-
trol of the privy purse, 5, 13, 4; 5, 16, 35

palatine office, 5, 16, 30; 6, 30, 2; 6, 30, 6;
6, 30, 8; 6, 30, iI; 6, 30, 14-15; 6, 30, 17;
6, 30, rg; 6, 30, 23; 6, 35, 2; 7, 4, 35; 7, 12,
2; 8, 5, 23; 8, 8, 4-7; 8, 8, 9; 9, 42, II; 1O,
3, 6-7; 1O, 9, 2; 1O, 1O, 22; 1O, 1O, 29-30;
II, 7, 17; II, 12, 4; II, 20, 4; IT, 28, 3;
12, I, 38; 12, I, 147; 12, 6, 25; 12, 6, 32;
15, I, 41; 15, 12, 2; 16, 8, 24; NTh 6, I;
Ig, I; NVal 7, 3. bureaus of, see s.v. bureaus. collection of taxes by, 5, 16, 30; 8,
8, passim; II, 7, 17-18; II, 28, 3; II, 28,
13; 12, 6, 32; 16, 8, 29; NVal 1, 3; 7, 1-3;
NMaj 2, i; 7, . persons barred from service in, 4, 1o, 3; 8, 4, 21; 8, 4, 23-24; 8, 7, r6;
8, 7, 19; 12, 1, 38; 12, i, 73; 12, I, 147;
12, I, 154; 16, 5, 29; 16, 8, 24
palatines, 6, 2, 13; 6, 26, 2; NVal 7. actions
involving, see actions. barred from City,

14, II, i. barred from tax collection, i, 5,
12-13. children of, see s.v. crimes and
penalties of, I, 5, 13; 9, i, 4; 9, 35, I; 9,
42, IT; 10, 3, 5; 10, 1O, 22; 10, 24, 3; 12,
6, 32; NTh 6, 1; 17, 2; xg, I; NVal 1, 3;
7, 1-3; 27, i; NMaj 7, I. duties of, I, o,
passim; I, 29, 3; 1, 32, 4; 6, 30, passim;
8, 5, 48; 8, 8, 4; 1O, 2, 2; 10, 3, 6; io,8, 5;
TO, 9, 2; 1o, 1o, 7; 1O, 1O, 29-30; II, 7,
17-18; II, 12, 4; II, 20, 4; 12, 6, 25; 15,
I,41; 15, 12, 2; 16, 8, 29; NMaj 5, 1.
exemptions and privileges of, 6, 2, 13; 6,
2, 26; 6, 35; 7, 6, I; 7, 20, io; 8, 5, 23;
9, 35, I; iI, 16, 6; iI, 16, 15; 12, I, 67;
12, I, 73; 12, 1, 88; 12, I, oo; 12, 6, 4;
NMaj 7, 1. food rations of, 14, 7, 7. grandchildren of, 6, 2, 26; 6, 35, r; 6, 35, 3. of
the largesses and of the privy purse, 6, 2,

26; 6, 30; 6, 35, 14; 7, 12, 2; 8, 8, 4-5; io,
3, 6; II, 7, 17; NVal 7, 3; NMaj 7,
1.
military peculium of, 6, 36. slaves of, 6,

35, I. use of horses by, 9, 30, 4
palatine troops, 7, I, 18; 7, 4, 22; 8, i, to
Palestine, First, Second, and Third, taxes in,

7, 4, 30. Jews in, 16, 8, 29
Palladius, delegate, NVal 13, 1. Praetorian

Prefect, 3, I, lo; NVal 32, I; 35, I
Palma, meeting of the Senate at, Min. Sen. I

Palmate horses, lo, 6, I
Pantapolae, NVal 5, I
pantomimes, actors of, 15, 7, 12
Paphlagonia, appeals in, I, 6, i; I, 6, To
Papian Law, 2, I, 2; 8, 17, 2; 9, 42, 9. Julian
and, 13, 5, 7
Papinian,jurist, I, 4, I; 1, 4, 2; 9, 43, I
paramour, slave of mistress, 9, 9, I
pardons of crimes, 9, 14, 3; 9, 38; 9, 40, 7;

9, 42, 18; 9, 43, I; 9, 45, 5; 15, 14, Ii; 16,
5, 41; Sirm. 7; 8; NVal i9, i. during
Easter, see s.v. during invasions, 15, 14, 14
parents, indigent, 3, 3, I; II, 27, 1-2; 12, 17;
NVal 33, 1. not to force daughters to become nuns, NMaj 6, 1. rights of, on account of children, see s.v. children
parricides, 9, 15; 9, 19, 4; 9, 38, 6; II, 27, i;
IT, 36, 4; NMaj 6, i
partition of inheritances, 2, 24
partnerships, 2, 26, 3; 10, 14
Paschal days, 2, 8, Ig. See Easter
pasturage, 7, 7
pastures, of municipalities, 1o, 3, 2. woodland, of the Emperors, 5, 12; 5, 13; 5, 14,
31; NTh 5, 2. of the privy purse, 7, 7, 2
paterfamilias, 7, 22, 5; 8, 18, 1-2; NVal 31, I
paternal power, persons under, I, 34, 2; 2,
io, 6; 2, 24, I; 3, 5, 2; 3, II, I; 3, 12, 4;
4, 8, 6; 6, 4, 16; 8, 15, 6; 8, 18, passim;
8, 19; 9, 13, I; 9, 43, I; 12, 1, 7; NTh 14,
I; NVal 2, 2; 35, I; see also emancipation
paternal property, see s.v. property

patriarchs, of Jews, 16, 8: 1, 2, 8, II, 13-15,
17, 29. as judges, 2, I, 10
patrician, rank of, 6, 6; 9, 40, 17; 10, 1o, 33;
iI, I, I; NTh 25, I; NVal II, I
patrimonial estates, coloni of, 5, 17, 2.
di-
vision of, 2, 25, 1. exempt from extraordinary and menial compulsory public services, iI, 16, passim. of the imperial household, NTh 5. ownership and cultivation of,
5, 14, passim; 5, 15, passim; 5, 16, passim;
II,
I, 4; NTh 5, i;
NVal 27,
1.
petitions
for, 5, 12, 2; see petitions. property of,

granted to temples, 5, 13, 3. sales of, 5, 16,
32-34; lo, 16, I; II, I, 4; NTh ig. slaves
of, see s.v. taxes and obligations of, I, 13,
I; 5, 12, passim; 5, 14, passim; 5, 15, passim; 7, 13, 12; II, i, 36; iI, 5, 2; iI, 19;
11, 20, 6; I1, 28, 9; II, 28, 16; NTh 26, I;
NMarc 2, 1.
patrimonial farms, 5, 12; see also farms;
patrimonial estates
patrimonial lands, holders of (diacatochi),
io, 16, i
patrimonies, of clerics; of decurions, see s.vv.
of the Emperors, 4, 12, 3; 5, 16, 34; 7, 13,
12;
7, i8, 6; xo,
i, 8;
10, 2, 2; 10, 1O, 24;
TO, 10, 32; II, I, 36; II, 20, 6; 15, 3, 4;
16, 5, 40; NTh 1g, I; see also patrimonial

estates. of the Emperors, actions involving,
II,30, 49; NVal 27, 1. obligations on, 15,
I,24; 15, 3, 4; 15, 5, 4; see also s.vv. com-
pulsory public services; taxes, partition

of, 2, 24. of Senators; of shipmasters; of
swine collectors, see s.vv.
Patroclus, Bishop, Sirm. 6

patrol, 6, 27, 3; 7, 22, 2.
river, see river

patrols. craft, inshore and reconnaissance,
7, 17, I
E 630 J
Index
patronage, suits with reference to, 2, 29. use
of, 6, 27, 8; 8, 5, 46; II, 12, 3; 12, 1, 5;
12, I, 10; 12, I, 20; 12, I, 25; 12, 1, 36;
12, 1, 42-44; 12, I, 70; 12, I, 75; 12, 1, 129;
12, I, 134; 12, 6, 7. use of, prohibited, I,
9,
I;
1, 32, I;
6, 4,
lo; 6, 4, 22; 6, 22, 2-3;
6, 22, 6; 6, 24, 3; 6, 24, 5; 6, 27, 19; 6, 29,

4; 6, 30, 7; 6, 38, 1; 7, 1, 7; 7, 20, 13; 8,
7, 16; II, 30, 6; 12, I, II8; 13, I, 15; 13,
3, 8; 13, 7, 1-2; 16, 2, 35; 16, 8, 24; Sirm.

2; NTh 15, 2; NMaj 7, 1. of villages,
II,
24
patronesses of freedmen, NAnth I, I

patrons, of breadmakers, 14, 3, 2; 14, 3, 7;
14, 3, 12. of coloni, 12, I, 50. of freedmen,
2, 22, 1 ; 4, 4, 7 ; 4, 1o, 1-3; 4, 12, 3 ; 5, 3, 1 ;
5, 9, 2; 8, 13, 3; 9, 5, I; 9, 6; Sirm. 5;
NVal 25, I. children of, see s.v. of guilds,
14, 4, 9. of guild of swine collectors, NVal

36, I. honorary, 8, 5, 46. of municipal
council, 8, 5, 46; 12, I, 61. of the plebeians,
I, 29, I;
I, 29, 4; 11, 24, 2; see also de-
fenders. of procurators, NMaj 2, I. of

raftsmen, 14, 4, 9. of State storehouses of
the Port, 14, 23. in suits, see advocates
Paulians, heretics, 16, 5, 65

Paulus, Flavius, Min. Sen. 1; 5
Paulus, jurist, I, 4, 1-3; 9, 43, I
paymasters, military, 7, 4, 1; 7, 4, 24; 8, 7,
22; 1O,
I,
17
payment, of debts, 2, 27, I; 2, 28,
4,
I;
2, 29, 2;
19, I; 6, 30, 4; 9, 26, 3; II, 7, 3; IT, 7,
5; NTh 22, 2. of salaries, 12, 2; see sal-
aries. of taxes, see tax payments

peace officers, see magistrates of the peace
peculation, 9, 27, 5; 9, 28. See embezzlement
peculium, of advocates, 2,
1o,
6; NVal 2, 2.
of apparitors, 8, 4, 16. of collectors of

swine, cattle, etc., NVal 36, 1. of coloni,
5, 3, I; 5, 18, I; 5, 19; 16, 5, 54; NVal 27,
I; 35, I. of freedmen, 2, 22, I; 5, 3, 1. of
imperial weavers, 7, 14, 1. inheritance of,
5, 3, 1. of inquilini, NVal 27, 1. military,
2, lo, 6; 6, 35, 3; 6, 36; 7, I, 3; 7, 20, 4;
NVal 2, 2. military, of palatines, 6, 35, 3;
6, 36. of muledrivers, 8, 5, 58. of persons

under paternal power, I, 34, 2; 2, lo, 6;
NTh 14, I. of shipmasters, NVal 29, I. of
slaves, 2, 32; 4, 8, 6-7; NVal 27, I; 35, I
Pelagia, inheritance of, NVal 21, 2
Pelagius, Bishop of Laodicea, 16, 1, 3. heretical doctrine of, Sirm. 6
penalties, 9, 40; see punishments. of appeals,
II, 30. for celibacy and childlessness, annulled, 8, 16
Pentecost, 15, 5, 5
Pepyzites, heretics, 16, 5, 59; 16, 1O, 24
percentages, received by shipmasters, 13, 5,
7; 13, 5, 36; 13, 5, 38; 13, 9, 3; see also
shrinkage. received by swine collectors,
14, 4, 4. received by tax collectors, lo, I,
II;
12, 6, 2-3; 12, 6, 14-15;
12,
6,
21
peremptory exceptions, I, 2, 5
peremptory prescription, see prescriptions

perjury, 2, 9, 3
permanent possession, right of (diacatochia),

5, 14, 30
permit, travel. See postwarrants

perpetuation of advocacy, NTh 1o
Persians, invasion by, NTh 5, 3
personal actions, see actions. rescripts, 15, 3,
5; NVal 19, I
Peter, the Apostle, 16, i, 2; NVal 17, 1.
Bishop of Alexandria, 16, I, 2
petitions, for alluvial lands, NTh 20, 1. for
appeals, see s.v. associates in, 1O, 14. for
border farms, NTh 5, 1-3. bureau of, see
s.v. for emphyteutic estates, NVal 34, 1.
for goods of inheritances, 2, 6, 4; 4, 1, I;

4, 4, 7; 5, 1, 1; 5, 3, 1; 8, 18, 5; 8, 18, 8;
I6, 5, 17; NVal 21, 1. for guardians, 3,
18, I; NTh ii, I. issuance of, 8, 9, I.
nominations by, II, 30, 53. for ownerless
and caducous property, 5, 2, I; lo, 8, passim; 10, 9, 2-3; 1o, lo, passim; II, 30, 68;
13, II, 16; NTh 17; NMaj 5, i; NAnth
3, I. for patrimonial lands, 5, 12, 2; 5, 14,
32; NTh 5, 1-3; 19, I. for property, 4, 15,
1; 4, 21, 1; 4, 22, 6; 9, 42, 17; 9, 42, 23;
lo, I, I; lo, 8, passim; 1O, lO; 10, 13; 1O,
14, 1-2; II, 20, 5-6; 13, II, 16; NTh 17,
1-2; 2o, I; NVal 31, 1. for property of
armorers, NTh 6, I. of provincial and
municipal delegations, 12, 12, passim; see
delegations. for public works, 15, I, 40-43;
NVal 35, I; NMaj 4, 1. in rebuttal, ii,
30, I; II, 30, 8; II, 30, II; II, 30, 14; II,
30, 16; II, 30, 24; II, 30, 29. of shipmasters, 13, 6, 3; 13, 9, 3. time limits of,
see s.v. for vagrant slaves,

philosopher, Themistius, 6, 4,
10,
12
12
philosophy, teachers of, 13, 3, 7; 13, 3, 16;
14, 9, 3
Phoenicia, dye works of, 1o, 2o, I8. governor of, 12, I, 175
Photinians, heretics, 16, 5, 6; 16, 5, 65; NTh
3, I
Phrygia Salutaris, appeals in, I, 6, I; I, 6, 10
Phrygian herds, imperial, 6, 4, 19
Phrygians, heretics, 16, 5, 40; 16, 5, 59; 16,
5, 65; NTh 3, I
physicians, 13, 3. chief, see s.v.
Picenum, appeals in, II, 30, 27; governor of,
NMaj 5, 1. taxes in, II, 28, 7; II, 28, 12.
use of horses in, 9, 30, I; 9, 30, 4-5
Pius, Antoninus, 8, 12, 4; 9, 19, 4
plaintiffs, forum of, 2, I, 4; NMarc I, I.
rights and liabilities of, 2, 5, I; 2, 6, 2;
2, 7, 2; 2, 12, 7; 2, 15, I; 2, 26, passim;
2, 27, 1; 4, 4, 2; 4, 8, 6; 4, 14, 1; 4, 18, i;
9, 19, 2; 9, 37, 2; 11, 30, passim; II, 31,
passim; II, 39, 1; II, 39, 12; Sirm. I;
NVal 35, I; NMarc I, I; NAnth 3, I
pleadings, in court, 2, To; NTh lo; NVal 2;
see actions; advocates; suits
plebeians, of Alexandria, primates of, 14, 27.
assigned as coloni, ii, I, 26. children of,
9, 31, 1. as decurions, 12, I, 53; 12, 1, 96;
12, 1, 133. defenders of, I, 29, passim; 8,
12, 8; NMaj 3, i; see also defenders of
municipalities. illegal assembly of, 9, 33;

15, 13, I; Sirm. 2. not to be clerics, 16,
17.
NVal
9, 21,
7, 13,
lO, 4;
patrons of, see s.v. privileges of,

13, I; 32, 1. punishments of, 7, 18, I;
I; 16, 5, 52; NVal 23, 1. taxes of,
7; I1, 23, 2; 12, 1, 36; 13, 10, 2; 13,
13, To, 6-7
pledges, 2, 30; 4, 14, I; 13, 3, I; 15, 14, 9;
NTh ii, I. of betrothal gifts, 3, 5, II; 3,
6, I. of guardians, 3, 30, 1. for payment of
taxes, seizure and sale of, 2, 30, I; II, 7,
7; II, 9. of praetors, 6, 4, 13. under the
tyrants, 15, 14, 9
Pneumatomachi, heretics, 16, 5, II
poisoners, 9, 12, I; Sirm. 8
police, see City guards; rural police; secret
2,
Pope of Rome, 16, 5, 62; NVal 17, I; 18, I

pork, price of, see price. for soldiers, 7, 4, 2;
8, 4, 17. supply of, 14, 4, passim; NVal
36, I; see swine collectors
Porphyrians, heretics, 16, 5, 66
Porphyrius, Bishop, I6, 4, 6
Port, of the City of Rome, 13, 5, 4; 13, 5,
38; 14, 4, 9; 14, 15, 2; 14, 15, 4; 15, 1, 12.
patrons of State storehouses at, 14, 23.

porters of, 14, 22
porters, of the Port of Rome, 14, 22

porticoes, 15, 1, passim
portion, "mournful," 2, 19, 2
possession, action for recovery of, see action.

of goods of an inheritance, 2, 6, 4; 2, x6, 2;
2, 24, 2; 4, 1; 4, 3, 1; 4, 4, 7; 4, 21, 1; 5,
I, I; 5, I, 4; 8, 18, 5; 8, 18, 8; 1o, ii, I;
II, I, 17; II, 39, 12; 15, 14, 9; NTh 22,
1-2; NVal 21, 1-2. immediate; interim;
temporary, see interim possession. transfer of, from persons who have twice appealed, II, 38
post, see public post

posthorses, 6, 29, 2; 6, 29, 6; 6, 29, 9; 8, 4,
8; 8, 5, passim; NMaj 7, . supplementary,
6, 23, 3-4; 8, 5, passim; ii, 16, 15; i, 16,
18; NTh 5, 3; NMaj 7, I; see public post
posthumous children, 9, 42, TO
postliminium, 3, 16, 2; 5, 7; Sirm. 16;

NAnth 3, I
post stations, see public post
postwagons, of the public post, 8, 5; 12, 12,
g; NMaj 7, 1. supplementary, 6, 23, 3-4;
8, 5, passim; II, I6, 15; II, 16, 18; 16, 2,
lo; 16, 2, 14
post warrants, for use of public post, 6, 29,

2; 6, 29, 7-8; 7, 12, 2; 8, 5, passim; 12, 12,
9; 16, lo, I5; NMaj 7, 1. sale of, 8, 5, 4;
8, 5, 41. with subsistence, 6, 24, 2; 7, i8,
II; 8, 5, 9; 8, 6. time limits of, 8, 5, 9;

8, 5, 27; 8, 5, 44; 8, 6, 2
potters, 13,
I, lO; 13, 4, 2
powerful persons, titles of, used in litigation,

2, 13, I; 2, 14; see also patronage
praetors, 6, 4; 12, 1, 48; 12, I, 58; 12, I, 74;
15, 7, 6; NTh 15, I; NVal I, 3. aid of in
actions on wills, 2, 19,
I;
2, 24, I; 5,
I, 1.
Arcadian; Augustal; Constantian, 6, 4, 25.

Constantinian, 3, 32, 2; 6, 4, 5; 6, 4, 13;
6, 4, 25. decrees of, 3, 32, 2; 6, 4, 16.
edicts of, 4, 4, 7; 8, 18, 8; 9, 42, 9; 16, 2, 2o.
exemption from duties of, 6, 2, ig; 6, 4,
II; 6, 4, 34; 6, 23, 4; 6, 26, 13. expenditures of, 6, 4, 5-6; 6, 4, 13; 6, 4, 21-25;
6, 4, 29-33. Flavial, 6, 4, 13. honorary, 6,
4, 23. jurisdiction of, 3, 17, 3-4; 3, 32, 2;
6, 4, 3; 6, 4, 6. laureate, 6, 4, 25; 6, 4, 29.

Roman, 6, 4, 25; 6, 4, 29. Theodosian, 6,
4, 25. Triumphal, 6, 4, 5; 6, 4, 25
praetorian action, 2, 31, I; 5, I, 1. bureaus,
see s.v. law, 4, 4, 7; 9, 42, 2; 9, 42, 9;
Sirm. I; NVal 21, 1; see law, honorary.
prefect, see s.v.
pragmatic sanctions, 6, 23, 3; IT, 1, 36; 16,

5, 52; NTh I, I; 5, 2; 6, I; 8, I; 17, 1-2;
19, I; 24, I; NVal I, 1-2; 2, 3; 4, 1; 6,
2-3; 7, 3; 12, I; 20, I; 24, I; 29, 1; 36, I;
NMaj 5, 1; NMarc 2, I; 3, I; NAnth 2, I
service
prefects, of the annona, authority and funcPolychronius, ex-commissary officer, 8, 4, 21
tions of, 1, 6, 5; 1, 6, 7; I, 12, 2; I, 15, 10;
Pomponius, Min. Sen. I
2, 17, I; 9, 40, 3; 9, 40, 6; II, I, 13; II,
pontiffs, see clerics; priests. Christian, 16,
7, 8; II, 14, I; 12, 6, 24; 13, 5, 36; 13, 5,
I, 2-3; NVal 17, 1. of pagans and heretics,
38; 13, 6, I; 13, 9, 3; 13, 9, 5; 14, 3, 3; 14,
9, 17, 2; 16, 5, 13
3, 12; 14, 3, 15; 14, 3, 22; 14, 4, 9; 14, 15,
Pontus, diocese of, Bishop of, 16, I, 3.
2; 14, 15, 4; 14, 17, 2-3; 14, 24, I. augustal,
counts of, 6, 13, 1. dukes of, 6, 14, 3.
authority and functions of, I, 14; 2, 17, I;
patrimonial farms in, NTh 5, 1. soldiers in,
8, 7, 21; 9, 40, 15-16; 12, I, 126; 12, I,
NTh 24, 1. taxes in, 7, 6, 3; 10, 19, 12
192; 12, 12, 15; 13, 5, 32; 14, 27, I; 16, 2,
E 631
Index
42. augustal, court of, I, 14, 2; II, 24, 6;
II, 30, 57; 12, I, I9o; Sirm. 3. of barbarians, II, 30, 62. chests of, see s.v. of
the City, authority and functions of, I, 6;

I, lO, 4; 2, 1, 4; 3, 17, 3-4; 5, I, 2; 6, 2, 26;
6, 4, 13; 6, 4, 21-22; 6, 6; 6, 7; 6, 8, I; 6,
9, 2; 6, 35, 5; 6, 35, 7; 7, 8, 16; 7, 22, 2;
8, 7, 6; 8, 7, 16; II, 1, 13; IT, 1, 16; II, 14,
1-2; II,
30, II;
IT, 30, 27; II, 30, 30; II,
30, 49; I,
30, 58; 12, I, 183; 12, 12, 8; 13,

5, 2; 13, 5, 13; 13, 5, 29; 13, 5, 38; 14, 3,
8; 14, 3, 22; 14, 4, 2-3; 14, 4, 5-6; 14, 6,
3; 14, 9, I; 14, 9, 3; 14,
10, 2; 14, 14, 1;

14, 16, r; 14, 16, 3; 14, 17, r2-15; 15, 1, 12;
15, I, 19; 15, 1, 25; 15, 1, 27; 15, 1, 30; 15,
1O, i; 15, 12, 2; 15, 14, 4; 16, 2, 37; 16, 5,
30; NVal 5, I; 16, I; NMaj 4, 1. of the
City, apparitors'of, see s.v.
of the City,
court of, I, 5, 8; I, 6, I; I, 6, 3; I, 6, 9-io;

I, 10, 4; 2, 1, 4; 3, 17, 3; 6, 2, 26; 6, 4, 34;
8,4, 30; 8, 7, 22; 9, I, 9; 9, I, 13; 9, 16, lo;
To, 8, 3; IT, 30, 13; II, 30, 18; II, 30, 23;
11, 30, 36; II, 30, 61; II, 30, 67; II, 34, 2;
II, 36, 2; II, 36, 20; 12, I, 188; 13, 3, 13;
13, 5, 13; 14, 4, 9; 14, 16, I; NTh 7, 4;

1O, 1-2; NVal 2, 2-4; 13, 1; 32, I; 35, 1.
of the City guards, I, 2, I; I, T8; 2, 10, 2;

2, 17, 1. exempt from compulsory quarter-
1.
ing, NTh 25,
of Gaul, To, 19, 9. hon-
orary, 7, 8, 6; 6, 8, 22. of Illyricum, 8,

4, 17; 8, 4, 30; 12, I, 188. of Italy, lo, ig, 9.
military, 7, 20, 2. of the Orient, 8, 4, 3o;
12, I, 188. of pagans, 16, lo, 14. of the
peace, 2, 30, I.
praetorian, authority and
functions of, I, 5; I, 15, 7; I, 15, 10; I, 16,

1; 1, 16, 3; I, 16, 6-7; 3, II, I; 6, 4, 12;
6, 4, 15; 6, 6; 6, 7; 6, 8, 1; 6, 9, 2; 6, 22,
7-8; 6, 26, 4; 6, 29, 2-3; 6, 3o, 6; 6, 35, 5;
6, 35, 14; 7, 4, 32; 7, 7, I; 7, 7, 5; 7, 8, 16;
8, I, II; 8, 5, 3; 8, 5, 35; 8, 5, 40; 8, 5, 56;
8, 7, II; 8, 8, g; 9, 17, 2; 1O, 23, I; I, I,
13; II, 5, 3; II, 6, 1; II, 15, 2; IT, 16, 7-8;
II, 16, 11-12; II, 18, I; II, 20, 5-6; II, 22,
4-5; II, 25, I; II, 28, 3; II, 28, 17; II, 30,
16; II, 30, 21; II,
30, 3o; II,
30, 58; 12,
I,
14; 12, T, I19; 12, I, 139; 12, I, 172-173;

12, 6, 5; 12, 6, 30; 12, 6, 32; 12, g, 2; 12,
12,
3-4;
12,
12, 9-10;
14-15; 12, 14,

31-32; 13, 9,
8, I; 14, 26,
15, I, 43; 15,
5, 15;
1; 2;
16, 5,
32;
4; 6; 9;
12,
12, 12;
12,
12,
I; 13, 5, 14; 13, 5, 27; 13, 5,

I; 13, II, II; 14, 4, lo;
14,
1-2; 15, 1, 37-38; 15, 1, 41;
5, 4; 16, 2, 42; 6, 5, 9: 6,
16, 8,
TO; II;
12;
12;
16, 8, 22; Sirm.

14; 16; NTh 5,
3; 18, I; 23, I; 26,

23, I;
NMaj 7, I;
T; NVal I, 3; 2, 2;
NMarc I, I; NSev I,
I; et passim in Novels. praetorian, appeals from and to, see appeals. praetorian, bureaus of, I, 16, 3; 8, 8, 4; II, 28,
13. praetorian, chest of, 8, 8, 5; II, 20,
6; II, 28, 3; II, 28, 6; II, 28, 9; II, 28,
16-17; 12, 6, 29-30; 12, 9, 2; NTh 17, 2;
NVal I, 3; 10, I; 13, I; 34, I; 36, I;
NMaj 2, I; 7, I; NMarc 2, I. praetorian,
court of, I, 5, 2-3; I, 5, 10; I, 7, 2; I,
r6, I; I, r6, 4; 2, 9, 2; 2, ro, 6; 6, 2, 26;
7, 20, 5; 8, 4, 2o; 8, 4, 30; 8, 7, 21; 9, I,
13; 9, 2, 2; 9, 17, 2; 9, 40, 16; IT, 25, I;
II, 30, 57; II, 3o, 63; II, 30, 67; II, 34,
I-2; 12, I, 53; 12, I, 172; 12, I,
188; 12,
6, 32; 12, 12, lO; 13, 5, 32; 14, 1o, 2;
6, 2, 23; 16, 5, 9; NTh 7, 1-4; 1o, 1-2;
13, I;
NMarc
17, 2; NVal 2, 2-4; 32, I;
I, I. praetorian, office staffs and accountants of, NVal 22; see apparitors. of
vehicles, 8, 5, 4
prefectorials, 12,
12, 12
1, 8,
E 632
prefectures, appointments to,
prescriptions, civil, 9, 7, 7. dilatory, I, 2,

5; 2, 5, 2. five-year, 4, 15. of forum, see
s.v. peremptory, I, 2, 5; II, 30, 2; II, 30,
37; II, 36, 23-24. of purchase, 4, 8, 6. of
thirty years must be interposed in all
cases, 4, 14, I ; NVal 27; 31, I; 35, . of
time, 2, 26, 4; 4, 8, 7; 4, 9, I; 4, II; 4,
14, I; 4, 15; 8, 18, 5; lO, I, 15; 12, I, 188;
13, 6, 3; 13, 6, 5; 15, 1, 22; 15, 14, 9; 16,
5, 7; 16, 5, 9; NTh 17, I; 19, 1; 24, 1;
NVal 27, I; 31, I; NMaj 7, I
presumptor, 16, 2, 47; Sirm. 6

prices, current, in market, see market prices
of bread,
21, 2. of
prices, fixed, of bread, 14, 17, 5.

Ostian, 14, 19. of bronze, II,
prohibited, 9, II; NVal 32, I. registrars

of, 8, 15, 3; 8, 15, 5; 9, 3, 5-7; 9, 40, 5.
segregation of sexes in, 9, 3, 3; see also

imprisonment
private buildings, see s.v. council chambers
of judges, see judges. judges, 15, 14, 9.
persons, actions involving, 1, 21, 1; 4, 16,
2; 4, 22, 3; 6, 30, 1O; 9, 27, 5; 1O, 1,
3;
II, 30, 5; II, 30, 8; II, 30, 18; II, 30, 41;
12, 19, 2-3; 13, 5, 12; 13, II, 16; NTh 3,
I; NMarc I, I. prisons, see s.v. quarries,

lo, 19, passim
privileges, special, imperial grants of, I, I,

4; I, 2, 3; I, 9, 1; 1, 15, 12; I, 22, 1;
1, 28, 4; 2, 4, 5; 2, 6, 1; 2, 14, 1; 2, 06,
captives; of children; for commutation of

recruits; for commutation of subsistence
allowances, see s.vv. in contracts of purchase and sale, 3, 1, passim; 3, 4, I; 8, 15,
2;
passim; NTh ig, I; NVal 32, 1. of fish,

14, 20. of foundlings, see s.v. of grain, 14,
15, 1. of horses, II, 17, 2. of imperial
6, 23, 3-4; 6, 26, 17; 6, 27, 3-4; 6, 27,

13; 6, 27, 23; 6, 30, 7; 6, 30, ig; 6,
land, 5, 16, 32. investigators of, 16, 8, To.

in money, 9, 23, 1. of oil, 8, 4, 17. of oil
tables, 14, 24, I. of open market, 7, 4, lO;

7, 4, 28; 7, 4, 32; 7, 4, 36; 8, 4, 19; II, 1,
37; II, 2, 2; II, 15, 2; 14, 4, passim. of
pork and other meat, 8, 4, 17; 14, 4, 2-4;

14, 4, To; NVal 36, I. regulation of, 16,
8, To; NVal 5, I; 13, I; 16, 1. of salt,
8, 4, 17. of silver, 13, 2. of solidi, NVal
16. at State auctions,
10,
1o,
2, 2;
16,
I;
2-3; NVal I, 3. of State purchases,

II, 15, 2. for weaving supplies, II, I, 24.
1O, 17,
for wine, II, 2, 2

priests, chief civil, 12, I, 112. chief civil,
of Syria, 6, 3, I; 12, I, 103; 15, 9, 2.
Christian, actions involving, see actions,
ecclesiastical. civil, 4, 6, 3; 7, 13, 22; 9,
6,
2;
1, 75;
12, i,
12, I, 21;
12,
1, 77;
12, I, 46; 12, I, 6o;

12,
I, 145;
12,
12,
I, 148;
166; 12, 1, 174; 12, 1, 176; 12, 5, 2;
15, 5, I; 16, 5, 52; 16, 5, 54; 16, TO, 14;

6, 1O, 20; NVal 13, I; NMarc 4, I. council of, 16, 2, 35. decurions as; estates of;
exemptions and privileges of; of heretics;
inheritance by, see s.v. clerics. of Jews,
6, 8, 2; 16, 8, 4; 16, 8, 13-14. orthodox,
6, I, 3-4. of pagans, see clerics. penalties
for violence against, 16, 2, 31; Sirm. 14.
superior, Sirm. 3; NVal 17, 1. testimony
of, II, 39, 1o. wives of, see s.v.
primates, of the fleets, 13, 5, 32. of guilds,

14, 4, lo; NVal 36, 1. of imperial service,
NVal 18, 1. of Jews, 16, 8, 8; 16, 8, 29.
of municipal councils, NVal 32, i; NMaj
7, 1. of municipalities, 7, 18, 13; NVal
6, 1. of office staffs, I, lo, 8; I, 12, 8;
2, I, 6; 6, 24, 3; 6, 29, 6; 7, 8, To; 7, 18,
4; 9, 26, 2; 9, 40, 6; II, 20, 4; 12, 6,
30; 12, II, 2; 12, 12, I2; 14, 15, 6; I6, 5,
46; Sirm. 14; NVal 18, I; 35, 1. of the
people, 15, 7, 3. of the plebeians of Alexandria, 14, 27; 15, 7, 3. of the scholarians,
6, 29, 6. of the secret service, NVal 28, I
principal, in litigation, 2, 12, passim
Priscillianists, heretics, 16, 5, 40; 16, 5, 43;

6, 5, 48; 16, 5, 59; 16, 5, 65; Sirm. 12;
NTh 3, I
prisoners, care and treatment of, 9, 3, passim; Sirm. 13. release of, during Easter,
9, 38, 3-4; 9, 38, 6-8; 9, 40, 24; Sirm. 7;
8. of war, see captives
prisons, 9, 3, 2-3; 9, 38, 3; 9, 40, 23. custody of, see s.v. entry of bishops and
clerics in, Sirm. 13. guards of, 9, 3, I;
9, 3, 7; Sirm.
13; NTh 3,
I.
private,
2, 17, I; 2, 18, 3; 3, 8, 1; 3, 1O, I; 3,

17, 3; 4, 14, I; 4, 15, 1; 5, 2, I; 5, 12, 1-3;
5, 15, 19; 6, 2, 21; 6, 2, 26; 6, 4, 1 ; 6,
4, To; 6, 4, 23; 6, 17, I; 6, 22-37, passim;
6, 35,
1232,
6, 35, 3; 7, 6,
I; 7, 8, 14; 7,
12, 3; 7, 13, 7; 7, 13, 15; 7, 20-22, passim;
7, 23, I; 8, I, lo; 8, 1, 17; 8, 3-5, passim;
8, 7: 5, 8; 8, 12, 5; 9, I, 19; 9, 5, I; 9,
2;
I;
14, 3; 9, 21, 4; 9, 37, 3; 9, 38; 9, 40, 7;

9, 42, 8-9; 9, 42, 17; 9, 43, I; lO, I, I;
lo, i, 16; 10, 3, 7; TO, 8, 3; 10, 9, 2-3;
10, lO: 14, 16, 20, 23, 27, 32, 33; 1o, 12,
1-2;
10,
15,
2;
TO,
19, 9;
1o,
20,
16;
1o,
1:
25; TO, 26, 2; II,

II,
II,
I, 25-26, 33, 36, 37;

5, 2; II, 7, 15; II, 12-13, passim;
16: 13-19, 21-22; II, 17, 4; 'I, I8; 11,
20,
5-6;
II,
23,
30, 5; II, 30,

12, I, passim;
13, 4;
12,
3;
II,
24,
6;
28; 11,
II,
31, 9; II, 34, 2;

3-4; 12, 12, 4; 12,
17, I; 13, I, 6; 13, 1,
64; I,
12, 6,
15; 12,
9; 13, 3: 2-4, 15-17, 19; 13, 5: 3, 7, 1o,

14, I6, 20, 30-31, 36; 13, 7, 2; 13, 9,
7, 17; 14, 1: 1-4, 9,
13, TO, 8; 13, I:
21; 14, 2, 3; 14, 3, 20; 14, 4: I, 6, 9; 14,
6, 4; 14, 7, 2; 14, 9, 3; 14, 13, 1; 14, 15:
3, 5; 14, 17, II; 15, 1: 23, 49, 51; 15, 2, 5;
15, 3: 1, 3-4; 15, 7: 1, 4, 9; 15, 14, II;
6, 2: I, 10, 13-15, 29, 30, 34, 38, 40, 46,
12,
1;
47; 6, 5: 1, 6, 17, 25, 35, 47, 54, 58, 65;

6, 8: 3, 13, 15-17, 20; 16, To: II, 14;
Sirm. 4; 6; 7; 8; II; NTh 7, 1-2; 8,

I;
lO, 2; 17,
I;
21, I;
22, 2; 25,
I;
26, I;
NVal I,
1-3; 2, 2; 4, I; 7, 3; 1O, I; 13,

I; 19, I; 27, I; 29, 1; 32, I; 35, I; 36, I;
NMaj 2, I; 3, I; 7, I; NMarc 2, I; 3, I;
NAnth 3, I; see exemptions; pardons;

rights that accrue to parents
privileges surreptitiously obtained, II, 13,
I; see also exemptions
privy purse, actions involving, 2, I, 5; 4,
30, 41; II, 30, 68;
22, 3; To, 15, 4; II,
II, 36,
6. aid to indigent parents
by,
II, 27, 1. coloni of estates of, see coloni.

comptroller of, 1, 17. confiscation by;
counts of; debtors of, see s.vv. farmers

and slaves of, 5, 16. farms of, 5, 13; see
privy purse, landed estates of. farms of,
taxes on, II, ig. fiscal representative of,
see s.v. landed estates of, I, 5, 13; I, IT,
1-2; 4, 12, 3; 5, 13; 5, 14, 33; 5, 15, 19;
5, 16, 29; 7, 7, 1-3; 7, 13, 14; 9, 30, 2;
lo, I, g; lo, I, 16; 10, 3, 6; TO, 4; 1o, 5,
I; 10, 9, 1-2; II, 7, 6; II, 7, ig; II,
6,
5;
IT, 16, 13; II, 19; IT, 20, 6; 12, 1, 33;

13, I, 8; 13, I, lo; 15, 14, To. landholdings
of, see privy purse, landed estates of. masters of, 10, I, 2; 12, I, 14. office staff of,
see apparitors of count of privy purse.
overseers, procurators, and chief tenants
of estates of, lO, 4; see also s.v. procura-
Index
tors. palatines of, see s.v. property of, 4,
22,
3; 10, I, 9; lo, 1o, 6-7; see also privy
purse, landed estates of. property of, exempt from extraordinary and menial compulsory public services, II, 16, 5; II, 16,
13.
sale of buildings of, 1o, 2.
slaves of,
5, 16. taxes paid to, see tax payments.

transfer of property of, 5, 13, 4; 5, 16, 30.
woodland pastures of, 7, 7, 2
prizes, at games, 15, 9, I; see also s.v.
games
Probinus, Consul 395, II, 28, 3
Probus, Praetorian Prefect, I, 6, 8
Proconnesus, mines and quarries of, II, 28,
9; II, 28, II
proconsular province, I, 15, 1o; I, 15, 14;
7, 13, 22; 8, 5, 34; II, I, 29; II, 28, 13;
12, I, 186; 12, 6, 33; 16, I, 3; NVal 34, I
proconsuls, of Africa, 7, 6, I; 9, 19, 3; 9,
34, 2; II, 30, 3; II, 36, 3; 12, 6, 4. appeals from, see s.v. of Asia, 8, 7, 21; 16,
5, 28. and legate, office of, I, 12. office
staff of, see apparitors. rank and functions of, 6, 4, 12; 6, 4, 15; 6, 9, I; 6, o,
2-3; 6, 12, I; 6, 14, I; 6, 22, 4-5; 6, 22,
7; 6, 28, 7; 7, 6, I; 8, 5, 4; 8, 5, 15; 8,
7, 21; 9, 1,13; 9, 26, 4; 9, 34, 2; 9, 40,
15-16; lo, 8, 5; II,27, 2; II, 30, 21; II,
30, 62; II, 3o, 68; II, 34, 2; 12, I, 176;
12, I, 185; 12, 6, 4; 12, 6, 31; 13, 5, 36;
16, 5, 54
Procopius, Count and Master of Bureaus,
I, I, 6; NTh I, I
Proculeianus, Tribune and Master of Offices, II, 9, I
Proculus, Prefect of the City, 14, 17,
12
procurators, of dyeworks, I, 32, I. of estates
of the Church, 5, 3,
1. husbands as,
2, 12,
4. imperial, I, 32; 6, 22, I; 9, 27, 7. of

imperial property, I, 32, 7; 9, 42, 3; 10,
I, 17; 10, 25, I; II, 17, I; 16, io, 13; NTh
23, 1. of imposts, I, 32, 3. of landed estates, 2, 30, 2; 2, 31, I; 2, 32, I; 4, 12,
5; 5, 7, 2; 6, 2, 16; 6, 4, 13; 7, 5, 2; 7,
13, 21; 7, 18, 5; 7, 18, 8; 9, 29, 2; 9, 30,
5; 9, 42, 20; 9, 45, 3; 10, 22, 5; II, 1, 13;
II, 7, 16; II, 20, 3; 12, 1, 6; 12, I, 92;
12, I, 179; 12, 12, 13; 13, 11, 3; 16, 5, 21;
16, 5, 34; 16, 5, 36; 16, 5, 40; 16, 5, 52;
16, 5, 57; 16, 5, 65; 16, 6, 4; Sirm. 16;

NTh 9, I; NMaj 7, I; NAnth 3, 1. of
the largesses, I, 32, 3. of the mines, I,
32, 5. of the mints, II, 28, 3. of the
municipal councils, 7, 4, I; 7, 4, 32; 12,

I, 20. of powerful persons, I, 16, 14;
NMaj 2, . of the privy purse, I, 32, I;
28, I; 4, 4, 2; 6, 29, I; 7, 8, 8;
9, 5, I; 9, 19, 1-2; 9, 34, 2 II, 39, passim;
6, 2, 41; 16, 8, 28; Sirm. 14; 15; NVal
35, I; NMarc I, I. of ownership, 3, I, 2;
27, I; 2,
ards, 6, 25.
of the imposts, I, 32, 3; 13,
5, 5; 13, 5, 17. of the laeti, 7, 20, 10.

of the largesses, 8, 5, 18. of the largesses,
1. of heretics, 16,
Roman, 7, 20, 10. of the mints, I, 32, 3.

of the peace, 12, I, 49. of the public post,
6, 29, 9; 8, 5, 35; 12, 1, 21. of the rural
districts, 7, 4, I; 8, 15, I; 12, 6, 8. of the
scholarians, 6, 13, I. of soldiers, 7, I,2;
7, 1, 10; 7, 4, 1; 7, 4, 36; 7, 9, 1-2; 7,
12, 1; 7, 13, 18; 7, 20, 13; 7, 21, 1-2; 7,
22, 5; 8, 7, II; ii, I8, I; 12, I, 113; NTh
24, 1. of State storehouses, 7, 4, I; 12,
I, 49; 12, 6, 5; 12, 6, 8; 12, 6, 24-25. of
treasuries, II, 28, 3. of weaving establishments, I, 32, 3; 9, 27, 7
provostships, appointments to, I, 8, 1-2
Prusias, decurions of, 12, I, up9
puberty, age of, 2, 17, I; 3, 17, I; 4, 3, I;
4, 8, 6; 6, 24, 2; 9, 21, 4; NTh 6, I; 22,
5, passim; 16, 6, 4. hypothecated, 4, 14,

I. immovable, 3, 3o, 6; 4, 6, 8; 8, 12, 1;
1o, 9, 2; NTh 22, 2; NVal 15, 1. of living
persons not to be caducous, 1o, 10, 27; 10,
1o, 29. maternal, 2, 24, 2; 5, 1, 5; 8,
I8; 8, 19, I; 9, 14, 3; 9, 42, I; 16, 5, 7;
NTh 14; NVal 35, I; NSev I, I. ma-
publication of rescripts, 2, 4; 4, 22, 2

public buildings, see buildings. cargo, nothing shall be placed on, 13, 8. crime, see
s.v. gold, official escorts of, 12, 8; see
official escorts. land, vindication of, 2, 23.
officials, sales and gifts to, 3, I, lo; 8,
ternal, alienation of, 8, 18, passim; NTh

14, I. of miners, io, Ig, 15. of minors,
see s.v. from mothers and from the maternal side, 8, I8. movable, 2, 1, 8; 2, 29,
2; 3, 30, 6; 4, 6, 8; 4, 20, I; 6, 35, I; 8,
public post, 8, 5; see also s.v. post. heavy

transport by, see transport. maintenance
of, 8, 4, 7; 8, 5, passim; 8, 7, 6-7; ii, 16,
4; II, 16, io; II, 28, 7. provosts of, see
see witnesses
property, acquired through marriage by children under paternal power, 8, Ig. of armorers, NTh 6. caducous, 4, 6, 5; 9, 42,
io; lo, 8, 5; 1o, 9, 2; lo, 1o, passim; II,
14, 9, 2; 14, 17, I; 14, 24, I; 16,
5, 7; 16, 5, 17; NTh 17, 1-2; NVal 2, 4;
NMaj 5; NAnth 3, I. common, partition
of, 2, 25. corporeal, 9, 42, 22. of decuri30, 26;
ons; of the fisc, see s.vv. gainfully acquired, 3, 6,

4; 14, 22, I;
I. gainfully
12, 4; 14, 3,
I; 6, 27, 16; 12, I, 173; 12,

NTh 14, I; 22, 2; NVal 35,
acquired, taxes on, 6, 27, 16;
lo; NTh 22, 2. granted with
integral status, io, 8,
12, I; io, 8, 4; 10, 9, 2; II, 36, 25; 12, 1,

6; NTh 22, 2; NVal I5, I; NMarc 5, 1.
ownerless, 10, 8; 10, 9, 2-3; 10, lo, pas12; II, 30, 26; 12,
NAnth 3; see also
land, abandoned. ownerless,, imperial gifts
sim; 10, 12, 2; II, I,
I, 123; NTh 17, 1-2;
of, NAnth 3, I.
paternal,
2,
17, I; 3, 12,
4; 4, 2, I; 5, I, 5; 9, 42, I; II, 20, 2;

16, 5, 7; 16, 5, 40; 16, 6, 4; NTh 14;
22, 1-2; NMaj 6, 1. of the privy purse,
see s.v. of proscribed and condemned persons, 9, 42; lo, lo, passim; II, 20, I-2;
NMaj 5. recovery of, from the fisc, 9, 21,
2; 9, 43, I; II, 20, 1-2. sold or given to
administrators or public officials, 3, i, 10;
8, 15; NVal 32, 1. in suit, 2, 5; 2, 6, 4;
3, 30, 4; 4, 5; 4, I8; 5, 1, 4; 8, 15, 6;

9, 42, 19-20; 10, I, 5; 10, 12, 2; II, 32, I;
II, 36, 25; 13, 6, 6-7; see also actions. of
swine collectors, 14, 4, passim; NVal 36,

I. vindication of, 2, 23. of wives, 9, 42,
passim, see also property, maternal
proscription, penalty of, 3, 12, 3; 6, 30, 17;
9, 21, 2; 9, 40, 19-20; 9, 41, 1; 9, 42; 10,
17, 2;
1o, 2o,
6;
12, I, 92; 12,
II, 20, I;
15; NVal 32
s.v. restriction of use of, I, 15, 3; 7, 1,

9; 8, 5, passim; II, I, 9; 12, 12, 6; 12, 12,
9; 16, 10, 15; NMaj 7, 1. under the secret
service, 6, 29, passim. stations, I, 6, 12;
6, 29, 5-6; 8, 5, 23; 8, 5, 35-36; 8, 5, 65;
8, lo, 2; II, 1, 9; II, I, 21; I2, I, 21; I2,
I, 119; 12, 6, i9; 12, 6, 21; NMaj 7, 1.
supervisors of, see s.v. vehicles of, see
carriages; post wagons
public and private violence, 9, io
public tax payments, see tax payments. illegal appropriation of, 12, 9
public works, 15, I. construction, main-
tenance, and repair of, I, 32, 7; 4, 13, 5;

5, 14, 35; 6, 4, 13; 6, 4, 29-30; 6, 20, I;
9, 17, 2; II, 10, 2; II, 6, jo; 1i, 16, 15;
II, 17, 4; 14, 6, 3-4; 15, I, passim; 15, 2,
2; 15, 2, 8; 15, 3, 4-6; 6, 10, 15; NTh
10, I; 22, I; 23, I; NVal 2, 2; 5, I; 10,
I; NMaj 4, I; NMarc 2, 1. struck by
lightning, 6, 1o, I
publicans, 7, 20, 2; II, 28, 3
Pulcheria, Augusta, 13, I, 21
punishments, I, 5, 9; I, 6, II; I, 1o, 8; I,
12, 3; I, 12, 8; I, 16, 2; I, 6, II; I, 32, 3;
2, 1, 3; 2, 1, 9; 2, 9, 3; 2, 14, I; 2, I8, 2-3;
II; 11, 9, 2. of Sena10, 2, I; 10, 4; II,,

tors, 6, 2, r6; 9, 30, 2; II, 15, I; 14, 17,
6; NMaj 2, 1. in suits, 2, 12; 2, 17, I; II,
7, 3; 13, 9, 6; 15,
16, 2, 37; 16, 5, 45; 16, 5, 51; 16, 5, 56;

16, 5, 63; 16, 6, 6-7; 16, 8, 26; 16, 9, 4;
2, 23,
30, 50; II,36, 17; NVal 35, 1. under the
16, 10, 7; 16, 10, 23-24; NTh 3, I; 17, 2;

NVal 7, I; 23, I; NMaj 5, I; 6, I; 7, I
4, 19, I;
I; 5, IS,
6, 29, 4;
6, 30, 16; 6, 35, I; 6, 35, 4; 7, I, 13; 7,
II, 1-2; 7, 12, 3; 7, 13, 8-9; 7, 13, 21; 7,
14, I; 7, 18, 1; 7, I8, 9; 7, 18, 12-14; 7,
20, 2; 8, I, 3; 8, I, 12-16; 8, 4, 8; 8, 4, 16;
tyrants, 15, 14, 9. of the weaving establishments, I, 32, 1; II, 28, 3
procurers, 4, 6, 3; 15, 8; NTh 18; NMarc
2,
4; 15,
2,
37; 15, 4, 4;
prostitution, see procurers
protection, see patronage
Protopaschites, heretics, I6, 6, 6
4, I
procuress, divorce of, 3, 16, I

prodigals, 9, 43, I
production in court, of accused persons,
I,
II, 2; 2, I, II; 6, 28, 3; 7, 13, 21; 8, 8, 2;
9, 2; 9, 3, I; 9, 37, passim; lo, I, 16; lo,
4, 3; 1o, lo, passim; 10, 12, 2; 13, 5, 17;

13, 9, passim; 13, 10, 7; Sirm. 14; NTh
4, I; NVal 35, 1; NMarc 1, I. in the
imperial court, persons prohibited from,

NTh 4, I; NMarc I, I
professors, 13, 3; 13, 4, 4; 14, 9, 3; NVal

2, 4. in Constantinople, 6, 21
proof, burden of, necessity of, 2, 19, I; 2,
provender, for animals, 6, 29, 6; 7, I, 9; 8,

5, 3; 8, 5, 23; 8, 5, 6o; 8, 5, 64; II, I, 9;
NVal 13, 1. for chariot horses, 15, 10, 1-2.
for military animals, 6, 24, 1; 7, 4, 7-8;

7, 4, II; 7, 4, 13; 7, 4, 17; 7, 4, 23; 7, 4,
34; 7, 8, lo; 8, I, lo; 10, I,
13,
17; NVal
provinces, counts who govern, 6, 17

provosts, 12, 6. of the annona, 12, 5, 2. of
the armories, 7, 20, 10. of breadmakers,
7, 4, 28. of the camps, NTh 24, I. of the
dyeworks, II, 28, 3. of the fleet, 7, 20, 10.
honorary, 7, 21, 1-2. of the imperial stand-
I; 2, 26, 1-2; 2, 27, I; 2,

1, 5; 3, 5, 11; 3, 6, 1; 3, 1o, 1;
3, 6,2; 4, 6, 3; 4, 8, 5; 4, 9, I;
4, 20, I; 5, 6, 3; 5, 8, I; 5, 10,
21; 6, 4, 34; 6, 24, 4; 6, 27, 10;
33, 2; 3,
3, 11, 1;
8,4,2o;8,5,2;8,5,4;8, 5,8;8,5,22;
8, 5, 25; 8, 5, 29; 8, 5, 56; 8, 5, 58; 8,
7, 20; 8, 8, 4; 8, 10, 3; 8, II, 3-4; 8, 16;
9, I, 7; 9, I, 9; 9, I, II; 9, I, 14; 9 2, 3;
9, 3, 1-6; 9, 4, I; 9, 9, I; 9, 10, 1-4; 9,
9, 15, 1; 9, 16, 2; 9, 16, 6; 9, 16,

9, 17, 2-5; 9, 18, I; 9, 19, 2-4; 9,
I; 9, 26, 2-3; 9, 27, 3-6; 9, 29, 1-2;
12, 1;
11-12;
22,
9, 30, 1-2; 9, 30, 5; 9, 34, I; 9, 34, 9;
9, 36,
2;
9, 37, 1; 9, 38, 4-7; 9, 38, 1o;
9, 39, I; 9, 40; 9, 42, passim; 1o, 4, I;
[ 633
Index
1o, 8, 2; 10, 9, I; 10, lo, 16-19; lo, lo,
24; 10, 10, 28-30; 1o, 10, 32; 10, 12, 1-2;
10, 15, I; 10, 19, 9; 10, 2o, 8; 10, 24, 1-3;

I1, 1, 22; II, II, I; II, 14, 3; 11, 16, 22;
II, 20, 4; II, 24, 2-5; II, 30; II, 36, 2-3;
11, 36, 23; 11, 36, 28; II, 36, 33; 12, I,
1o8; 12,
I,
162; 12,
6,
21; 12,
6,
32; 12,
19, 3; 13, 4, 4; 13, 5, 29; 13, 5, 37; 13,

lo, 8; 14, 3, 12; 14, 4, 3; 14, 8, 2; 14,
15, 4;
14, 17, 2; 14, 17, 5; 14, 24, 1; 15,
I, 14; 15, 2, 6-7; 15, 5, 3-4; 15, 7, 7; 15,

8, 2; 15, 12, I; 15, 14, 9; 16, I, 2-4; 16,
2, 30; 16, 2, 40-42; 16, 2, 47; 16, 4, 1-2;
16, 4, 5; 16, 5, 9; 06, 5, 15; 16, 5, 36;

16, 5, 39-44; 16, 5, 48; 16, 5, 58; 16, 5,
60; 16, 5, 65; 16, 6, 4-6; 16, 7, 3-6; i6,
8, I; 16, 8, io-Ii; 16, 8, 18-19; 16, 8, 21;
16, 8, 28; 16, 9, 3-5; 16, lo, 9; 16, 1o, 12;
Sirm. 2; 4; 6; 7; 8; II; 12; 13; 14; 15;
16; NTh 3, I; 4, 1; 5, 2-3; 8, I; 9,
I;
10, I; II, I; 12, I; 17, 1-2; 18, I; 19, I;

21, I; 24, I; NVal 6, I; 7, 1-2; 8, 1;
12, 1; 13, I; 15, I; 16, I; 18, I; 19, I;
22, I; 23, I; 25, I; 27, I; 30, I; 31, I;
32, I; 35, I; NMaj 2, I; 4, I; 5, I; 6, I; 7,
I; NMarc I, I; see also confiscation; exile;

fines; mines; proscription. of apparitors,
see s.v. capital, I, 16, 5; I, 16, 7-$; I, 22,
1, 32, I; 2, I, I; 2, 3o, I; 3, 12, I; 3,

14, 1; 4, 13, I; 4, 13, 3; 7, 4, I; 7, 15,
I;
2; 7, 18, 4-5; 7, 18, 8; 7, 18, 17; 7, 20,

7; 8, I, 13; 8, 4, 2; 8, 5, 14; 8,5, 36; 8,
5, 41; 8, 5, 47; 9, I, 19; 9, 3, I; 9, 6, I;
9, 6, 3; 9, 7, 3; 9, 9, 1; 9, 10, 1-2; 9, 10,
4; 9, 14, 1-3; 9, 15, I; 9, 16, 4; 9, 16, 8;
9, i, II; 9, i8, I; 9, 19, 2; 9, 21, 2; 9,
21, 6; 9, 22, 1; 9, 23, I; 9, 24, 1-2; 9, 25,
2; 9, 27, 5; 9, 28, I; 9, 34, 7; 9, 34, 10;
9, 35, 2; 9, 38, 2; 9, 40, I; 9, 40, 16; 9,
40, 21; 9, 40, 24; 9, 41, I; 9, 42, 2-5; 9,
42, 13; 9, 45, 4; 10, 10, 1-3; 10, 10,
10, 10, 12-13; 10, 10, 29; 1o, 24, 2;
I, 22; II, 7, 20; II, 8, I; iI, ii, I;
16, 4; II, 21, I; II, 28, 14; II, 30, 8;
30, 58; 12, 1, 50; 12, 6, 5; 12, 6, 3o;
II, 2; 13, 5, 5; 13, 5, 16-17; 13, 5, 33;
1o;
II,
II,
II,
12,
13,
3; 5, 13, I; 5, 16, 32-34; lo, 16, I; NTh

5, 1-3; 19, I; NVal io, I. of landholdings, 3, I, 2; 5, 13, 1-2; 5, 13, 4; 5, 16,
34-35; 8, 15, 3; 8, 15, 6; II, I, 4; II, 3,
passim; II, 20, 5-6. of maternal property, 8, 18, passim. of minors, 4, 8, 6. of
municipal food rights, 14, 17, 5. of municipal property, 12, II, I; NMarc 3, 1.
of newborn children, 5, 10. of oil tables,
14, 24, I. of post warrants, 8, 5, 4; 8, 5,
I;
of property of breadmakers, 14, 3,
41.
14, 3, 3. of property of civil priests, 12,

I, 176. of property of decurions, 12, I,
passim; 12, 3, passim. of property of
fiscal debtors, 10, 17, passim; 12, II, I;
16, 10, 23; 16, 10, 25;

Sirm. 14; NTh 3, I; 24, I; NVal 6, I;
16, I; 23, 1; 35, I; NMaj 7, I, see also
fire. corporal, I, 6, II; I, 10, 4; 6, 37,
I; 7, 18, 8; 8, I, II; 8, 4, 14; 9, 12, I;
9, 24, I; 9, 29, 2; 9, 35, passim; II, 39,
1o; 12, I, 39; 12, I, 47; 12, I, 8o; 12, I,
85; 12, I, 126; 12, i, I9o; 13, 5, 16; 14,
I, 4; 14, 4, 9-1o; 16, 5, 21; 16, 5, 40; 16,
5, 53; 16, 6, 4; 6, 8, 4; NMaj 4, i 7,
3, 7, I; 3, II, I; 3, 17, passim; 3,

3, 30, passim; 4, 14, I; 4, 22, 2; 8,
8, 18, 8; 9, 21, 4; 13, 10, 4; 13,
14, 3, 5; 16, 2, II; 16, 2, 20; NTh
NVal 35, I
purple dye, use of forbidden, 10, 20, 18; 10,

21, passim
purple, imperial, see adoration

Quadragesima, days of, 2, 8, 24; 9, 35, 4-5;
9, 35, 7
quadrimestral tax lists, see tax lists
quaestors, I, I, 6; I, 8; 6, 4; 6, g; II, 18, 1;
12, I, 58; NTh I, I; 17, 2; NVal 19, I
quarries, lo, 19; see mines and quarries

quartered persons, extras not furnished to,
7, 9
quartering, compulsory, 7, 8, passim; 7, 9,
passim. exemptions from, see s.v.
quartering officers, 6, 34; 7, 8, 4-5; 7, 8, io;
rebuttal, statements in, II, 29, 5; II, 30:

8, II, 14, i6, 24, 29
1,
receipts, bureau of, 6, 30, 3. for cargo de-
8, 7,
records, of cases, I, 12, I ; I, 16, 3; I, 16, 7;

I, 22, 3; I, 29, 2; I, 29, 5; 2, 4, 2; 6, 4, 34;
9, I, 6; 9, 2, 5-6; 9, 3, 2; II, 29, 4-5; II,
30, I; II, 30, 5; II, 30, 9; 11, 30, II; II,
30, 16; II, 30, 24; II, 30, 29; II, 30, 3132; II, 30, 35; II, 30, 58; II, 30, 65; II,
36, 3; 16, 2, 41. municipal, 9, 2, 5-6; 12,

I, 151; 14, 15, 2; NVal 13, I; 15, I; 21,
I; 31, I. official, of tax receipts, II, 25, I;
II, 26, 2; II, 28, 13. public, 2, 8, I; 2, 29,
2; 3, 5, 1; 3, 5, 3; 3, 5, 7-8; 3, 5, 13; 3, 17,
4; 5, 15, 2o; 6, 2, 18; 7, 2, 2; 7, 16, 3; 8,

1, 9; 8, 2, 2; 8, 12, I; 8, 12, 3; 8, 12, 5-6;
8, 12, 8; 8, 18, 8; 9, 3, 2; 1o, 22, 6; 11, 1,
13; II, 8, 3; II, 24, 6; ii, 28, 13; II, 30,
29; II, 31, 5; 12, 1, 57; 12, 1, 75; 12, 1,
173; 12, 3, I; 12, 6, 20; 12, 12, 3; 12, 12,
T4; 13, 1o, 8; 13, II, 2; 13, II, 13; 14, 13,
I; 14, 16, 3; 15, 1, 41; 15, 4, 9; 16, 5, 55;
Sirm. 15; NTh 22, I; NVal I, 3; 6, I;
22, I; NMaj 7, I. public, bureau of, 15,
14, 8.
public, excerpts from, I,

3; II, 39, 5; II, 39, 8
recovery, actions for, see actions
recovery, specific, see vindication
recruits, 7, 13; 7, I8, 9; 8, 4, 28;
22,
4; 4,
10, 22,
4;
NVal 6. clothing for, 7, 6, 5; 7, 13, 7. chief

Raetian border, II,
16, 15; II, 16, 18; iI,
'9, 4
raftsmen, guild of, 14, 3, 2; 14, 4, 9;
15,
14,
ragmen, guild of, 12,
1,
162; 14, 8
"rakeoff," 7, 4, 28
rank, heretics, Jews, etc. barred from; honorary; see s.vv. obtained under tyrants,
15, 14, passim. official, 6, 1. order of,
see order of dignities. preference in, 7, 3;
NVal ii. privileges and exemptions of,
ii, I;
13, 5, 16-17; 14, 12, I;
purchases, see also sales. by administrators,

3, I, lo; 8, I, passim; NVal 32, 1. of
border farms, NTh 24, I. of bread, 14,
17, 5. of captives; of children; contracts
of, see s.vv. of female harpists, 15, 7, 10.
fictitious, 4, 6, 3; see s.v. sales. of foundlings, 5, 9; Sirm. 5. of grain, 14, 16, 1-3.
by heretics forbidden, 16, 5, 2; 16, 5,
40; 16, 5, 65. of imperial estates, 5, 12,
9, 38, 3; 9, 38, 6; 9, 38, 8; II, 36,
20,
1o, 6;
IS, 4;
1-3;
7; Sirm. io; see also rape

rebaptism, crime of, 16, 6, passim; 16, 7, 4
5, 26. for taxes, see s.v.

receivers of wine, 14, 4; see also tax receivers
recommendations to the Emperor, see reports
recorders of taxes, 12, 6, 3
recording, see registry
recording secretaries, 12, I, 192
record keepers, of masters of horse and foot,
masters, 13, 6, passim. of property in

suit, 4, 5, I. of swine collectors, 14, 4,
passim. of property with tax assessment,
3, 1, 2; II, 1, 4; II, i, 26; II, 3; II, 20,
5-6; NTh ig, I; 22, 2. by public officials,
3, I, 10; 8, 15, passim; NVal 32, 1. of
public property, 15, I, 53; NVal I, 3.
regulation of, NVal 15, 1. of slaves, see
sales. of slaves by Jews forbidden, 3, I,
5; 16, 9, passim; Sirm. 6. at State auctions, see s.v. taxes on, NVal 15, 1. by
wives, 9, 42, I
purple dye fish, collectors of, 9, 45, 3; 10,
20; 13, 1, 9
I, 25; II, 16, 14-16; II, 16, 18-g;

16, 23; II, 18, I; II, 23, 3; 12, I, passim; 12, 6, 4; 12, 12, 12-13; 13, 3, passim;
18, I;
25,
livered (relatoria), 13, 5, 8; 13, 5, 21; 13,
1o, 20;
I; see also flogging. of decurions; of

slaves, see s.vv.
pupils, protection and rights of, I, 22, 2;
rate of interest, see interest

rations, for animals, see animal rations;
provender. of food; for soldiers, see s.vv.
ravishers, penalties of, 9, 8, I; 9, 24, 1-2; 9,
of property of ship-
7, 8, 16; NTh 25, I; NVal 22, I

II, 1; 14, 15, 6; 14, 17, 6; 16, I, 1; 16, 1,
4; 16, 2, 31; 16, 4, i; 16, 5, 9; 16, 5, 34; quarters, 7, 8; NTh 25
quinquennalitate, 4, 6, 3; 13, 3, I
6, 5, 36; 16, 5, 51; 16, 5, 56; 16, 8, 6;
i6,9, 2; I6,9, 4; I6,10, 4; I6,io,6; i6, quinqueviral court, 2, I, I2; 9, I, 13
10, 13; 16,
rapine, of brigands, 9, 30, 2-3; see brigands.

of imperial officials, 8, I, io; 9, 28, 2; 13,
5, 29; NVal 7, 1, see corruption
of property of
see also State auctions.

miners, 10, 19, 15.
NMaj 6, 1; see also ravishers; violation

of chastity
II,
II,
15, 2, 3; 15, 3, 4;
15, 3, 6; 15, 14, II; NTh 7, I; 8, I; 10,

2; 25, I; NVal 2, 2; 10, I; II, I; see also
administrative offices; exemptions.

torial, 6, 2; 12,
1,
Sena-
58; 12, I, 69; 12, I, 74;
12, I, 90; 12, I, 110; 12, I, 118; 12, I,

122-123; 12, 1, 129; 12, I, 155; 12, 13, 2;
13, 5, 14; 15, 14, 4; NTh 15; NMarc

4, I
rape, crime of, 9, I, I; 9, 2, 5; 9, 8, I; 9,
24; 9, 25; 9, 38, 4; 9, 38, 6-7; Sirm. io;
collectors of, see tax collectors. commutation of, 7, 13, 2; 7, 13, 6; 7, 18, 8; II, 16,
14-15; II, 16, 18; II, 18, I; NVal 6, 3.
desertion of, 7, 13, passim; 7, 18, passim.
furnishing of, see tax payments. qualifications of, 7, 13, passim

redemption, of captives, 5, 7, 2; Sirm. 16.
of children, 3, 3, I; 5, 9-10; II, 27; NVal
33, I. of prostitutes, 15, 8; NTh 18, I. of
slaves, 3, I, 5; 5, 9-1o; 16, 9 (?); Sirm. 5
references of cases to the Emperor, i,
2,
II;
1, 5, I; I, 5, 4; 1, 14, 2; I, 15, 2-4; 1, 15,

8; I, 16, 4; I, 6,7; I, 28, 4; 2, 18, I;
6,
4, 15; 8, 5, 22; 8, 5, 30; 8, 5, 37; 9, I, 13;
9, 4, I; 9, 19, 2-3; 9, 21, 2; 9, 35, I; 9, 40,
1o; 9, 40, 16; 9, 41, I; 9, 42, 1; 10, 8, 3; II,
29; II, 30; II, 37, I; 13, 3, 13; Sirm.
14;
NVal 7, 2; NAnth 3, I; see also delegations
refutatory statements, see rebuttal

register, see also official register. lesser, I,
8, 1-3. office, order of succession in, I, 6,
12; I, 9, I; I, 9, 3. of tax assessors, 14, 9, I
registrars, see tax registrars. bureau of, lo,

2o, I8. of the river levees, II, 24, 6
registry in the records, of account of administration, 8, 2, 2. of application for enlistment, 7, 2, 2. of cases, see records of cases.
[ 634 1
Index
of depositions on official oppression, 5, 15,
20; 7, 16, 3; II, 8, 3. of emancipation, 2,
8, 1. of enrollment as armorer, lo, 22, 6. of
entry on inheritance, 8, 12, 18. of gifts, 3,

5: 1, 3, 7, 8, 13; 8, 12: 1, 3, 5, 6, 8; 15,
14, 9; NTh 22, 1. of manumission, 2, 8, 1.

of nominations to office, 12, 6, 20. of performance of duties, 12, I, 57; 14, 15, 2. of
petitions to Emperor, 12, 12, 3, 14. of
promise not to remarry, 3, 17, 4. of ship's
voyage, 7, 16, 3. of tax accounts, 8,
1, 9;
of tax payments, 8, 4, 6; II, 1, 13. of transfer of property, 6, 2, 18; II, 24, 6; 12, 3, I
regular tax (canon), see s.v. tax

regulator of prices, 16, 8, io
relegation, exile by, I, 5, 3; 7, 18, 8; 8, 5,
35; 9, 10, I; 9, 17, 1; 9, 30, 5; 9, 38, io;
9, 40, 12; 9, 40, 17; 12, 19, 3; 16, 5, 58;
NVal 19, I; NMaj 9, I
religion,
16, II,
et passim;
Sirm.
passim.
persons who contend about, 16, 4

remission, of delinquent taxes; of taxes, see
s.v. taxes. of punishment, see pardon
renewals, of actions, 2, 6, passim; 2, 9, I; 2,
14, I; 4, 8, 5; 4, 22, 2; 6, 4, 22; II, 29, 6;
II, 30, 6; II, 30, 30; II, 30, 63-64; II, 34,
I. of appeals, see s.v. of notification, 2, 6;

II, 31, 6. of written acknowledgments of
debt, 2, 27, I
repair, of public works; of roads, see s.vv.

repeal of laws, I, I, 5; I, 2, 8; I, 5, 12; I, 8,
I; I, 8, 3; 2, 4, 6; 3, 1, 3; 3, 1, 6; 3, 2, I;
1; 5, 14, 31;
4, 12,5; 5, 1, 9; 5,2,
5, 16, 32; 6, 4, 26; 6, 27, 17; 6, 28, 5; 6,
29, io; 6, 30, 2; 8, 8, 5; 8, 6, I; 8, 18, 4;
9, 1, 5 ; 9, 19, 4; 9, 24, 2; 9, 26, 3; 9, 40, 17;
3,30,3;
1o, I, 15; 10, 20, 18; II,

14, I;
12, 3,
2;
II,
30, 23; 12,
13, 3, 13; 13,
I, 23; II,
1,
6,
river patrol craft, on the Danube, 7, 17. of
1, 30; Ii 1, 37; Il, 7, 15; II, 12,

ix, 16, 20; II, 22, 2; II, 22, 4; II, 23,
3; II, 30, 9; II, 30, 18; II, 30, 27; II, 31,
9; II, 39, I; 12, I, 17; 12, 1, 33; 12, 1, 37;
river, shipmasters on, NVal 29

roads, construction and repair of, Ii,
1, 20; II,
3;
85; 12, I, 101-102; 12, I, 137; 12,

12, 6, 25; 12, 6, 27; 12, II, I; 12, 12,
12, 14, 1; 12, 16, I; 12, 17, I; 13, 3,
13, 5, 7; 13, lo, 8; 13, II, 7; 13, II, 10;
II, 12; 13, II, 17; 14, I, 5; 14, 3, 6;
3, 20-21; 14, 4, 8; 14, 15, 5; 14, 19, I;
I, 22; 15, 1, 41; 15, 1, 43; 15, 2, 2;
12, I,
6,3;
16;
13;
13,
14,
15,
8; 15, 3, 5; 16, 2, 35; 16, 2, 38; 16,

5, 5-6; 16, 5, 37; 06, 5, 47; 16, 5, 65; 16,
8, 8; 16, 1o, 15; Sirm. 2; NTh 4, I; 17,
2; NVal 4, I; 13, 1; 19, 1; 21, I; NMarc
15,
2,
imperial, elicited to the public damvalid, I, 2, 9; II, 1, 30; II, 12,

4; 14, 15, 3; 15, I, 22; 15, 2, 8; NTh 8,
I; NVal 4; 19, i. personal, 15, 3, 5; NVal
19, I. publication of, 2, 4; 4, 22, 2; NovI, I.
age not
remarriage, see marriages, subsequent
II,
6,4,31 ; 6, 27, 3; 6, 32, I; 8, 4, 20; 8, 7,

20; 8, 4, 29; 8, 5, 39; 9, 40, 4; 10, I, 15;
10, 3, 7; 10, 10, 12; lo, lo, 16; 10, 10, 2022; lo, lo, 30; 10, 12, 1-2; 10, 17, I; II,
I, 30;
99; 12, I, 131;
3; 14, 4, 1; 14,
els, passim.
of tyrants, 15, 14, passim
reserve, see soldiers

reservoirs, 15, 2, 2; 15, 2, 5-6
residence, legal, in a municipality, 12, I, 5;
12, I, 12; 12, I, 46; 12, I, 52; 12, I, 77;
12, I, 137; 12, I, 141; 13, 4, 4; NVal 3,
I; 18, I; see domicile; lares; penates
Respectable, rank of, Min. Sen. I; 7; I, I,

5-6; I, 5, 13; I, 7, 3; I, 15, 14-15; 1, 15,
17; 6, 26, 16; 7, 4, 30; 7, 6, 1; 8,

5, 35; 8, 7, 21; 10, 8, 5; Ii, 18,
8,
II,
30, 61; 12, I, 187; 12, I, 190;
12, 12, 15; 13, 5, 36; 14, I, 6;
14Y 4, 1o; 16, 2, 31; 16, 2, 42; 16, 5, 52;1
I6, 8, 15; Sirm. 14; NTh I, I; 10, I; 21,
I; 25, I; NVal 13, I; 19, I; NMarc I, I
responses of jurists, see jurists
I;
weapons, NVal 9; NMaj 8

retainers (amici), Const.; 4,
4; 9, 1, 4; 1o, 8, 2; II, I, 6
NSev I, i
reports, of appeals, see appeals. of cases (instructiones), 2, 18, I;
10, I, 13; II, 30, 6;
reports, official, with recommendations to superiors, Min. Sen. 5; i, 6, 9; I, 8, I; I, o,

8; I, 15, 3; I, 32, 6; 6, 30, 8; 7, 4, 12; 7,
8, 8; 7, 17, 1; 8, I, 9-1o; 8, 4, 4; 8, 4, 29;
8, 5, 13; 8, 5, 18; 9, 40, 15; 10, 2, I; 10,
9, 2; II, 20, 4; II, 29, 5-6; II, 30: 34, 41,
36, 31;
12,
1:
33,
139,
175;
13, 5, 16; 14, 3, 21; 14, 6, 3; 142 17, 15;

16, 2, 37; 16, 5, 46; Sirm. 2; 1o; II; 14;
NTh 5, 1-3; 6, I; 7, 1-4; 8, I; 9, I; 10, I;
13, I;
15, 1-2; 17, I;
18, 1-2; 24, 1;
26, I; NVal I, 1-3; 2, 2; 4, I; 6, 3; 7, 1-3;
14, I; 20, I; 22, I; 24, I; 28, I; 30, I; 34,
I; 36, I; NMaj 2, I; 5, I; NMarc 2, I; 3, 1
repudiation of marriage, see divorce

reputation, loss of, I, 6, 3; 2, 10, 3; 3, 8, I;
7, 13, 9; 7, 18, 4; 8, II, 4; 9, 3, 1; 9, 27, 5;
9, 36, 2; 12, I, 76; 15,
i,
43;
restaurants, 15, I, 53
16, 2, 41;
NVal 35, I; see infamy

requisitions, for military supplies, 7, 4, II
7, 4, 13; 7, 4, 16
rescission, of sales, 3, I, I; NTh 19, I; see
annulment
rescripts, imperial, I, 2; I, 5, 14; I, 7, 4; 1,
9, 2; 1, 15, 1; 2, 4; 2, 7, 1; 3, 1o; 4, 6, 2;
4, 14, I; 4, 16, I; 4, 18, 2; 4, 22, 5; 5, 2,
I; 5, 14, 30; 5, 14, 32; 5, 15, i9; 6, 2, 26;
I6, 10;
Ii, 16, 15; Ii, 16, 18; 15, 1, 36; 15, 3;
Sirm. ii; NVal 1o, I. military, 8, 5, 3;
NVal 1o, I
robbery, crime of, 9, 2, 5; see brigandage.

losses by, 4, 20, 1
role of absentee, assumed by judge, 4, 22, 1;
4, 22, 4
Roman, army, NVal 6, 2; see s.v. army. citizen, see s.v. Empire, 12, 13, 6; 13, II, 10;
16, I, 4; 16, 5, 48; 16, 5, 65; 16, 8, i9; Sirm.
4; NTh 4, I; 7, 3; 17, 2; NMaj I, I;

NMarc I, I. knights, 2, 17, I; 6, 37, L.
largesses, provost of, 7, 20, 10. law, 2, I,
10; 2, 29, I; 4, 6, 3; 6, 4, 22; i6, 5, 7;
16, 7, 2; NTh 3, I. praetor, 6, 4, 25; 6,
4, 29
Rome, see also City. amusements for, 6, 4,

passim, see s.v. astrologers banished from,
9, 16, 12. baths of, Ii, 20, 3; 14, 5. Bishop
of, Ii, 16, 21; NVal 17, 1. boundaries of,
9, 40, 17. breadmakers of, 9, 40, 3; 9, 40,
6; 14, 3, 17; see s.v. Campus Martius of,
14, 14. churches and clerics of, 16, 2, 13;
16, 2, 45; NVal lo, I; 17, I. decuries of,
14, i. exile from, 9, 40, 20; see also s.v.
exports from, 4,
13, 8.
games
and other
amusements in, 6, 4, passim. Greek tradesmen recalled to, NVal 5. guilds of, I, 6,
ii. guildsmen of, 14, 4, passim; NVal 35,
I; NSev 2, 1. guildsmen of, privileges of,
14, 2. guildsmen of, who have passed to
imperial service or to the clergy, NVal
20.
heretics banished from, 16, 5, 18-19; 16,

5, 48; 16, 5, 53; 16, 5, 62; 6, 5, 65. holidays in, 2, 8, 19. judges in, 2, 16, 2. limeburners in, 14, 6. magistracies of, 6, 4, II.
restoration (restitution) to the original con-
members of imperial service who are not
dition, 2, 7, 2; 2, 16; 3, 32, I; 6, 4, 16;

15, 14, 9; NSev I, I. of persons who have
served a sentence, 9, 43, 1. of right to carry
allowed to come to, 14, II. Pope of, NVal

17, I. Port of; prefect of City of, see s.vv.
22,
I;
4,
22,
retention, from dowry; of usufruct, see s.vv.
II, 30, 8-9; II, 30, II; II, 36, 3
59, 64; II,
27;
1;
28, 13; II,

12, 6, 4;
4, 8; 14, 4, 10; 15, 3, 5; 15, 14, passim;

16, 2, 28; 06, 2, 47; 16, 3, 2; 16, 5, 5; 16,
5, 23; 16, 5, 51-52; 16, 8, 17; 16, 1o, 14;
Sirm. 6; NTh lo, 2; II, I; 12, I; 13, 1-2;
17, 2; NVal 2, 3; 4, I; 5, I; 7, 2; 8, 2;
10, I; 21, I; 27, I; 35, I; NMaj 2, I; 6,
NMarc 4, I; 5, I;
4,
the borders, NTh 24, I

river patrol troops, 7, I, 18; 7, 4, 14; 7, 13,
7; 7, 20, 4; 7, 22, 8
retired, see reserve
privileges of, granted to Africans, NVal

34, i. public works in, 9, 17, 2; 15, , II12; 15, I, 19; 15, 1, 25; 15, I, 27. pursuit
of liberal studies in, 14, 9. refugees in, 7,

13, 2o. regular grain tribute for, 13, 5, 35;
14, 15. residence in, 7, 21, 4; II, I, 13;
retroactive laws, see laws

revival of suit, see renewals
revocation of gifts, see gifts
NTh 5, I; 22, I; NVal 8, I.

Min. Sen. passim; 8, 5, 32; 12,
rhetoricians, Ii, 16, 15; Ii, 16, 18; 13, 3, II

Rhine border, custody of, 7, I, 9
Rhodope, appeals in, I, 6, I
Ricimer, Count and Master of the Military,
NMaj I, I
right, of assembly, 15, 13, I; 16, I, 4; 16, 4,
passim; 16, 5, passim. to food rations, 14,
17, passim. of heralds, 12, 1, 74. of osculation, 6, 24, 4; 12, I, 109. of permanent
7. shipmasters of, 13, 5, passim; NVal

29, I. storehouses in, 6, 4, 7; 15, I, 12.
possession (diacatochia), 5, 14, 30. to sit

with judges, I, 20, I; 6, 26, 5; 6, 26, 7;
6, 26, 16; 6, 28, 8; 12, 1, 1og. of the sword,
9, 41, I;
12, I, 74.
to use weapons, 15, 15,
I; NVal 9; NMaj 8. to water supplies,

15, 2, passim
rights, Italian, 3, 5, 8; 8, 12, 2; Italian, of
City of Constantinople, 14, 13. of parents
on account of their children, see s.v. children. stipendiary, 3, 5, 8; 8, 12, 2. tributary, 3, 5, 8

riots, 9, 4, 1; 16, 4, 3-5; 16, io, 16; 16, io,
24; Sirm.
14; see sedition
Senate of,
14. Sena-
1,
tors of, see s.v. service in palace at, 6, 35,

suits tried in, 2, 16,
2.
swine collectors of,
14, 4, passim; NVal 36, 1. teachers and

physicians of, 13, 3, 8; 13, 3, 10. taxes in
, I18; II, 2,
kind for use of, II, I, 8; Ii
2; 13, 5, 27; 13, 5, 32; 14, 15; NMaj 2, I.
vicar of, see s.v.
Rufinus, Praetorian Prefect, 9, 42, 14; II, I,
16. property confiscated by, 9, 42, 14
rural districts, provosts of, 7, 4, I ; 12, 6, 8

rural police, 4, 13, 2-3; 6, 29, I; 7, 20, 2;
8, 4,
2;
8, 5, I;
16,
2, 31;
Sirm. 14
Rusicade, tax in, NVal 13, I

rustic plebeians, protected in trials, 1, 29, 5.
rustic slaves, see slaves
sabbath, Jews not to be sued on, 2, 8, 26;
8, 8, 8; 16, 8, 20
Sabbatians, heretics, 16, 5, 59; 6, 5, 65
Sabinus, jurist, I, 4, 3
Saccophori, heretics, 6, 5, 7; 16, 5, 9; 16,
5, 11
[ 035 1
Index
sack, penalty of, 9, 15, I; II, 36, 4
sacred imperial largesses, see largesses
sacrifices, pagan and secret, forbidden, 9, 16,
7; 16, 2, 5; 16, 7, 5; 16, 7, 7; 16, io;
NTh 3, I
sacrilege, crime of, 2, 8, 18; 6, 5, 2; 6, 24, 4;

6, 29, 9; 6, 35, 13; 7, 4, 30; 7, 8, io; 8, 8,
3; 8, II, 4; 9, 17, 5; 9, 23, I; 9, 38, 3;
9, 38, 6-8; 9, 45, 4; lo, To, 16; 10, 10, 24;
II, 7, 13; II, 28, 10; II, 29, 5; 11, 3o, 6;
II, 36, 4; 13, 4, 4; 15, I, 27; 16, 2, 2; 16,
2, 25; 16, 2, 31; 16, 2, 40; 16, 2, 47; 16,
4, 4; 16, 5, 6-8; 16, 5, 20; 16, 5, 40-41; 16,
5, 52-53; 16, 5, 63; 16, 6, 4; 16, 7, 3; 16,
7, 7; 16, 8, 7; 16, 8, 18; 16, 9, 3; 16, 10, 7;
16, io, II; 16, 1o, ig; Sirm. 6; II; 13; 14;
16; NTh 17, I; 18, I; NVal 3, I; 7, i; 18,
I; 23, I; 27, I; NMaj 6, I
sailors, examination by torture of, 13, 9, 2-3

saints, burial places of, 9, 17, 6-7
salaries, payment of, 12, 2; 13, 3, passim; 13,
4, I; see also subsistence allowances
sales, to administrators and public officials,
3, I, lo; 8, 15; NVal 32. of alluvial lands,
NTh 2o, i.
of border lands, NTh 24,
1.
salutations, of governors, 6, 23, I; 6, 26, 5;

6, 26, 7. imperial, NVal 2, 2. public, 1, 15,
16; 6, 18, I; 6, 22, 7; 6, 28, 2; 6, 28, 8;
NVal 2, 2
Samaritans, 13, 5, 18; 16, 8; NTh 3, I
Samnium, taxes in, II, 28, 7; NVal 36, 1.
use of horses in, 9, 30, I
sanctimonials, see maidens, holy

sanction, see pragmatic sanction
sanctuary, in the churches, 9, 45; 16, 6, 4;
Sirm. 13. at the statues of the Emperors,
9, 44
sand, compulsory service of supplying, NVal
5, 1
sanhedrins, 16, 8, 29
Saracens, allies, NTh 24, I
Sardinia, appeals in, II, 30, 27. miners in,
1o, 19, 6; 1o, 19, 9. patrimonial estates in,
2, 25, 1. public post in, 8, 5, 16. taxes of,
7, 13, 2o; NVal I, 3; 36, I
Sarmatians, as recruits, 7, 20, 12

Satala, municipality of, NTh 5, 3
satellites of conspirators, 7, 8, 7; 9, 14, 3;
9, 40, I9; 9, 40, 21; 9, 42, 19-20; 9, 42, 22
satraps, 12, 13, 6
of buildings of the privy purse, 1o, 2. of

captives; of children; contracts of, see
Saturians, conspiracy of, 7, 19, I

Scaevola, jurist, I, 4, 3; 4, 4, 3
s.vv. by co-owners, 3, I, 6. by decurions,

NVal 32, I; see also s.v. decurions. deeds
of, 8, 15, I. of farm products, 13, 1, 3; 13,
I, 8; 13, I, 10; 13, I, 12-13; NMaj 2, 1. of
schisms and schismatics, 16, 5, 1-2;
farms of
NTh ig.
33; 6, 5,
6, 5, 49.
imperial domain, rescission of,
fictitious, 2, 16, I; 4, 6, 3; 12, 1,

58; 16, 7, 7. by the fisc, lo, I, I;
by force, 3, 1, 9; 8, 15, 2. of
grain, 14, 15, i ; 14, 6, i. of harpists, 15,
7, io. by heretics, 16, 5, 40; I6, 5, 58. of
imperial estates, 5, 6, 32-34; 10, 16, I;
NTh 19. by Jews, 16, 8, io. of land, see

landed estates. of maternal property, see
property. of minerals, 1o, Ig, passim. by
minors, 3, 1, 3. of municipal property,
NMarc 3, I; see also s.v. municipalities.
of obligated property, 12, II, I; 14, 25, 1.
of offices and ranks, 6, 38, I; 8, 4, lo. of
oil tables, 14, 24, I. of ownerless property,
see property. of patrimonial estates, see
s.v. of parents and children, NVal 33, 1.
of pledges for payment of taxes, II, 9. of
post warrants, 8, 5, 4; 8, 5, 41. by procurers, 15, 8, 1-2. of produce to the State,
II, 15, 2. of property of breadmakers, 14,
3, passim. of property of decurions, 3, 1,

8; 10, 1o, 29; 12, I, 33; 12, 3, passim;
NTh 22, 2; 32, I; NMaj 7, I; see also s.v.
decurions. of property for delinquent taxes,
1o, 16, 1; 10, 17, passim; II, 7, 3-4; II, 9,
1-2. of property of minors, see minors. of
property of nominators, 12, 6, 8. of prop-
erty of shipmasters, 13, 6, passim. of property with tax assessment, 3, I, 2; II, I, 4;

II, 1, 26; II, 3, passim; II, 20, 5-6; NTh
19, I; 22, 2; NMarc 3, 1. at public auc-
tions, see State auctions. to public officials,

3, I, io; 8, I5; NVal 32, 1. regulation of,
3, i, passim; NVal 15, 1; 16, 1. of relics
of martyrs, 9, 17, 7. right of, 3, I, passim;

1o, 12, I; 1o, 19, I; 16, 2, 27; NVal 15, 1.
of rights to food rations, 14, 17, passim.

of slaves, see s.v. of solidi, 12, 7, 2; NVal
16, I;
taxes
22, I;
3, 32,
see s.v. of Spanish horses, 15, 1o, I.

on, NVal i, I. use of money in, 9,
9, 23, 1-2. validity of, 3, I, passim;
2; 8, 13, 1; 9, 19, 4; 15, 14, 9; see
purchases
Sallustius, Consul 344, 5, 15, 15
salt works, income from, II, 20, 3; 14, 5, I;
NVal 13, I
16, 5,
62-64; 16, 6, 4; Sirm. 6

scholarians, 6, 13, I; 7, 4, 22; 7, 4, 34; 7, 13,
19; 8, 7, 9; II, 18, I; 12, 1, 38; NTh 7, 3;
21, I; NVal I, 3. counts of scholarians, and
their confidential advisers, NTh 21. counts
15; II, 18, I; NVal 6, 3; 21, 2. chief of,

NTh 25, 1. of imperial bureaus, 6, 26, 16;
6, 30, 22; NVal 19, I. municipal, 12, I,
151; NVal 13, I. of office staffs (cornicularii), I, 15, II; I, 29, 5; 6, 26, 5; 7, 4,
32; 8, 4; 8, 7, 8-9; 8, 7, 21; 8, 15, 3; 8,
15, 5. recording, 12, I, 192. of the Senate,
Min. Sen. 8
security, see sureties. of litigants, 2, 12, 2.
of sponsors, 4, 8, 5. of women as heirs,
4, 4, 7
sedge grass, tax on, NVal 13, I
sedition, 9, 33, I; 16, I, 4; 16, 2, 37; 16, 4, I;
16, 5, 38; 16, 8, 22; Sirm. 2; NMaj 12;
see riots
seduction, 9, 2, 5; 9, 38, 7; see also rape
Seleucia, fleet of, 1o, 23, I
self-defense, 7, 8, 10; 7, 18, II(?); 9, 1o, 2;
9, 14, 2; 15, 15; NVal 9, I; 19, i; NMaj
8, I
Senate, Min. Sen. passim; Const.; I, 28. appointment of guardians by, 3, 17, 3. Claudian Decree of, 4, I2; 10, 20, 10; 12, I, 179.
conditions of membership in, for decurions,
12, I, passim; NTh 15, T. contributions of,
14, 6, I; 15, 7, 6. defenders of, I, 28;
6, 3, 2-3. functions of, 6, 4, passim; 12, I,
75; 15, 14, 4; NVal 14, 1; NMaj I, I; 4, 1.
magistrates of, 15, 7, 6. municipal, see
municipal senate. quorum in, 6, 4, 9; 6, 4,

12. Tertullian Decree of, 3, 8, 2. use of
public post by, 8, 5, 32
Senatorial land tax, see tax, glebal
and tribunes of, 6, 3; 7, 4, 23; NTh 21, I.

primates of, 6, 29, 6. provosts of, 6, 13, 1.
recruits of, 7, 13, 19
Senators, actions involving, I, 6, II; 2, I, 4;

2, I, 12; 6, 4, 22; 6, 28, 5; II, 1, 7; 14, 10,
scholarian troops, food rations of, 14, 17, 8-12.

shieldbearing and shieldbearing mailed, 14,
of. benefit of legal age of, 2, 17, I. bread-
17, 9
schools, see professors. gladiatorial, 15, 12, 3
scribes, 8, 2, I; 8, 2, 3; 8, 9, I; 11, 8, 3; 12, 1,
31; 14, 17, 6
Scyrae, barbarian tribe, 5, 6, 3
Scythia, Bishop of, I6, 1, 3. taxes in, 7, 6, 3.
border of, 7, 17, I
Scythopolitan linen workers, lo, 2o, 8
seacoasts and highways, custody of, 6, 29, 10;
7, 16; 9, 23, I; 13, 5, 5; 13, 5, 17; NVal

9, I; 13, T
sealing of documents, Min. Sen. 5; I, II, I
(sign); I, 16, 2(?); 3, 30, 6; 4, 4, 3; 7,
16, 2; 9, 37, 3; HI, 16, 14; 13, 11, 6(sign) ;
15, 2, 4(?) ; NTh 16, I; NVal 34, I. of
property, 3, 30, 6; 15, 2, 4
seating, order of, see order

seats, use of, 15, 13
Sebastianus, Count of the Consistory, i, I, 6
second assistant masters of bureaus, 6, 26,
16-17
second lapses of suits, see lapses
secondary actions, 4, 21, I
secondary field army, see field army
secret confidential agents, see confidential
agents
secret service, I, 9, 1-3; I, 15, II; I, 29, I;
1, 29, 3-4; 2, I, 3; 6, 2, 26; 6, 27; 6, 28;
6, 29, 2-4; 6, 29, 7-8; 6, 30, 20; 6, 34, I;
6, 35, 3; 6, 35, 7; 6, 35, 9; 6, 35, 14; 7, 12,
2; 8, 5, 7; 8, 5, 9; 8, 5, 14; 8, 5, 49; 8, 7,
16; 8, 8, 4; 8, 8, 7; II, 7, 17; 13, 5, 20;
14, II, I; 16, 5, 29; 16, 8, 16; 16, 8, 24;
Sirm. 12; NTh 7, I; NVal 3, I; 8, I; 28, 1.
actions involving, see actions. chiefs of

office staff of, 6, 28; NVal 28; see chiefs
of office staff. See also confidential agents
secretaries, 8, I; 8, 7, 17. bureaus of, 6, 30,
5; 1o, 20, 18. imperial, I, 3, I; I, 10, 7;
6, 2, 26; 6, io; 6, 35, 7; Io, 10, 21; II, 16,
i; see also criminal cases; Senators, forum
makers as, 14, 3, 4. children of; compulsory

public services of, see s.vv. conspiracy
against, 9, 14, 3. as creditors, 2, 33, 3-4.
crown gold not to be levied on, 12, 13, 1-2.
defenders of, I, 28; 6, 3, 2-3. degraded by
the tyrant, 15, 14, 4. Elite, rank of, 6, 4,
1o; 6, 23, I; 6, 24, 7-Io; 6, 25, I; 6, 26,
7-8; 6, 27, 5; 6, 30, 19; 6, 30, 24; 6, 35, 7;
II, 6, 15; II, 16, 18. Emeriti, 6, 4, 1o. exempt from quartering, 7, 8, I. exempt
from torture, 9, 35, 3. exemptions from
obligations of, see s.v. exemptions. fines
and penalties of, 14, 10, I; 14, 17, 6; 16,
5, 52; 16, 5, 54. forum of, 2, I, 4; 9, I, I;

10, 1o, 33; see also Senators, actions involving. garb of, 14, 1o, 1. imperial estates
leased to, 5, 15, 15. inheritance and succession of, see s.v. landed estates of, 6, 3;
13, 1, 3. loans made by, 2, 33, 3-4. marriages of, 4, 6, 3; NMarc 4. municipal, see
municipal senate. as municipal defenders,
I, 29, 5. natural children of, 4, 6, 3. pardons of, 9, 38, 5. property of, 6, 2, passim;
6, 3; 15, 14, 4. purchase of property of
breadmakers by, 14, 3, 3. rank of, 6, 2;
6, 7, I; 6, 24, 7-1I; 6, 25, I; 6, 26, 7-8; 6,
27, 12; 6, 27, 22; 8, 4, 14; 12, I, 52; 13,

5,
14; 15, 14, 4; NTh 21, I; NAnth i, i.
rank of, decurions not to aspire to, NTh

15; see decurions. recruit tax collection
by, II, 23, 1-2; NVal 6, 2. recruit taxes
of, 7, 13, 7; 7, 13, 13-14; NVal 6, 2. of
Rome not compelled to deliver property

left to them by testament, NMaj io. of
scholarians, NTh 21, I. service of, by
gladiators, 15, 12, 3. as shipmasters, 13, 5,
14. slaves of, 14, 17, 6. taxes of, 6, 2, 13;
6, 2, 15; 6, 2, 23; 6, 3, passim; 6, 20, I;
6, 37, I; II, 1, 7; NMarc 2, I; see also
gold, offertory; tax, glebal. tax of, in recruits, 7, 13, 7; 7, 13, 13-14; NVal 6, 2.
E 636 J
Index
testimony of, II, 39, 3. use of horses by,
9, 30, 1-2
Senatorial tax in folles, 6, 2, 13; 6, 2, 15;

6, 4, 21; NMarc 2, x; see also tax, glebal
sentences, definitive, lo, 12,
2;
NTh 2, I; 17,
2; NVal 8, i; 17, 1. of Paulus, I, 4, 2-3;

1, 4, 3. of praetorian prefects, appeals to
Emperor from, NTh 13, 1. final, must be
written and read by judge, 4, 17; II, 30, 40
sequestration of money, prohibited, 2, 28. requirement of, 2, 27, I; 4, 8, 6; II, 36, 25
serfs, see coloni
service, terms of, of advocates, I, 29, I. of
apparitors, 6, 32, i; 6, 35, 14; 8, 4: 1, 8,
16, 25, 28; 8, 7, 16; 13, II, 12; 16, 5, 61;
NVal 7, 3; 22, 1. armed imperial, 2, 23, I;
7, I : 4, 5, 7 ; 7, 3, 2 ; 7, 6, 1I; 7, 13, 7 ; 7,
13, 19; 7, 18, 4; 7, 20: 4,6,12; 7, 21, 2;
7, 22, II; 8, 4, 28; 12, 1: 13, 38, 56, 87, 95,
OO, 154; NVal 6, 1. of armorers, TO, 22,
6; 12, I, 37. of assistant masters and
other officials of bureaus, 6, 26, IT; 6, 26,

16-17. of chiefs of office staff, 6, 27: 16,
19, 22. of household troops, 6, 24, II; 6,
25, i. of imperial bodyguard, 13, 1, 7; 13,
I, 14. of imperial dyers, 1O, 20, 18. of
imperial messengers, 6, 30, 23. of imperial
minters, 12, I, 37. of imperial service, I,
9, 2; 12, 1: 13, 37, 40, 57, 87, 184; 12, 6, 4;
13, 1, 4. of limeburners, 12, I, 37. palatine,
6, 2, 13; 12, 1: 1oo, 154; 12, 6, 4; 16, 8, 24;
NVal 7, 3. of provosts of imperial standards, 6, 25, 1. of secret service, 6, 2, 26;
6, 27: 3, 14, 16, 19, 22, 23; 16, 8, 24. of
silversmiths, 12, 1, 37
service units of soldiers, 7, 1: 4, 7, 16-18; 7,
4: 16, 23-25, 28, 31, 34, 36; 7, 13: 7, 9;
8, i, To; 8, 4,45; 8, 7, 12-13; 1O, 20, II;
II, 7, 16; NTh 7, 3; NVal 6, I
services, as compensation, 5, 7, 2; Sirm. I6.
of freedmen, suit for, 9, 20, i. not to be
exacted of taxpayers, II, 10. personal, II,
16, 4; II, 16, 15; II, 16, 18; 13, 4, 4; see
also compulsory public services incumbent
on persons
servitude of light and air, 4, 24, I
Severina, penalty of, NMaj 5,i
sevir, of a guild, NVal 35, I
sexagenarii, of tax collectors, II, i, 2; II, 7, I
sextarius, 12, 6, 21; 14, 17, t5; NVal 13, I
sharecroppers, see coloni
sheep and goat collectors, NVal 36; see cattle
collectors; swine collectors
shepherds, forbidden to rear children of
others, 9, 31, i; forbidden use of horses,
9, 30, 2; 9, 30, 5
shipbuilding not to be taught to barbarians,
9, 40, 24
shipmasters, actions involving, 13, 9, passim;
see actions. benefit of legal age of, 2, 17, .
by birth status, 13, 5, I; 13, 5, 22. compulsory public services of, I, 5, 14; 6, 2, 24;
8, 4, i1; 12, I, 134; 12, I, 149; 13, 5, passim; 13, 6, passim; 14, 15, 2; 15, 14, 4;
NVal
29,
I; see
also transport. exemp-
tions of, 3, 31, I; 13, 5, passim. guild of,

13, 5, passim; 13, 6, passim; 13, 9, 3; NVal
29,
1. landed estates of, 13, 6. property of,
I, 149; 13, 5, passim; 13, 6, passim;

14, 4, I; 14, 26, i; NVal 29, 1. protection
of, 6, 29, II; 7, 16, 3; 14, 26, I. remission
of delinquent taxes for, II, 28, 8. on the
12,
river, NVal 29.
succession of, see
in-
heritance and succession

ships, shall not be exempted, 13, 7; NTh 8, 1.
size and cargoes of, 13, 5, 28; NTh 8, 1;
NVal 29, 1. taxes on, 14, 27, 2; NMarc 2, 1
shipwreck, losses by, 4, 20, I; 13, 5, 32; 13,

8, 1; 13, 9
shock troops, 5, 6, i; 7, 13, I; 7, 13, 7
shores, custodians of, see seacoasts

shows, expenditures on, 15, 9; see also amusements. gladiatorial, 15, 12, passim. gladiatorial, service in as a penalty, see arena.
theatrical, see spectacles
shrinkage of cargo, 13, 5, 38; 13, 9, 5; see
also percentage
Sicily, appeals in, II, 30, 27. patrimonial

estates in, IT, 6, 9. taxes in, 7, 13, 20;
NVal I, 2
Sigisvuldus, Master of Soldiers, NVal 9, I

signatures, see subscriptions
silentiaries, 6, 23; 8, 7, 5; NTh 25, I; NVal
27, I (?)
siliquae, tax payment of, NTh

15,
I;
22, 2;
NVal
34, I; NMaj 7, I
silk, supplies of, lO, 20, 13

silver, expenditure of by praetors, 6, 4, passim. fees paid in, 8, 4, 9; 8, 4, 27; 15, 9, Lfines of, see s.v. tax payments of, I, 5, 14;
5, 13, 4; 7, 20, 9; 8, 4, 27; 10, I, 14; II, 1,
32; I,
9, 2; II, 20, 1-2; II, 28, I; II, 28,
9; II,28, 16; 12, I, 50; 12, I, 72; 12, 6, 17;
12, 6, 32; 13, 1, I; 13, I, 4; 13, i, 6; 13,
r, 8; 13, 2, i; 13, 3, 2; 13, 5, 5; 16, 8, 14;
NVal 13, I; NMarc 2, 1. transportation
of, 8, 5, 33; 8, 5, 48. valuation of, 13, 2

silversmiths, 12, I, 37; 13, 4, 2
Simonians, heretics, 16, 5, 66
Sirmium, rescript issued at, 16, 5, 5
"sisters," of clerics, 6,2, 44; Sirm. To
sisters, of administrators, gifts to, 8, 15, 6.
german, 16, 2, 44; Sirm. 10; NMaj 6, 1.
inheritance and succession of, 3, 8, 2; 3, 12,
3; 4, 6, 2-3; 5,1, 4; 5, 1, 8; 7, 8, 16; 8, 18,
1o; 9, 42, 9; 9, 42, 15; 16, 7, 6; NVal 25,
I; NMaj 6, 1. of kinsmen, marriage with,
3, 12. uterine, 9, 42, 9
Sitifis, imperial estates in, NVal 34, I. Moors
of, NVal 13, I
slander, 9, 34; 6,2, 41; Sirm. 15
slavery, children sold into, see children, sale
of. fugitive coloni reduced to, 5, 17, 1.
persons reduced to in the time of the tyrant, 5, 8, I
slaves, accusation by, 9, 5, x; 9, 6; 9, 9, i;
9, 21, 2; 9, 24, I; accusation of, 9, i, 14;
9, 1o, 4. as agents of gifts to minors, 8,
12, 2. barbarian, 3, 4, I; 5, 6, 3; 13, 4, 4.
beggars as, 14, 18, 1. of breadmaking
establishment, 14, 3, 7. captured persons
as, see captives. children, see s.v. Christian, not to be converted, 16, 5, 65; 16, 6,
4; 6, 8, 22; Sirm. 4; NTh 3, 1. Christian,
not to be owned by Jews, 3, 1, 5; 16, 8, 22;
16, g; Sirm. 4; 6. claims for freedom by,
4, 8, passim; 6, 4, 16; see freedom. of
clerics, 4, 7, I; 15, 8, x; 16, 2, 8. of condemned persons, 9, 42, 7. of deaconesses
and widows, 6,2, 28. of decurions, 12, I,
6; 12, 3; NMaj 7, 1. disciplinary correction of, 9, 12. of Emperors, fisc, and privy
purse, 4, 12, 3; 5, 16. examination by torture of, 9, I, 14; 9, 7, 4; 9, 12, I-2; 1O, I,
5; 12, I, 39; NVal 23, I; see examination
under torture. exposed children as, 5, 9, 1.

families of, not to be separated, 2, 25, 1.
fiscal, see s.v. forbidden food rations, 14,
17, 5-6. fugitive, I, 29, 2; 2, I, 8; 3, 4, I;
4, 8, 5; 5, 17; 9, 45, 3; 9, 45, 5; to, 1O, 20;
5, 65. as informers, 10, 10, 17. of Jews,

16, 8, 22; Sirm. 4. loans to, 2, 31, I; 2, 32,
i. manumission of, see s.v. manumission
of, in churches, 4, 7, 1. manumission of, on
holidays, 2, 8, 1. manumission of, by nonowners, 4, 9, i. municipal, 4, 12, 3; 4, 12, 5.

not admitted
as necessary heirs, 2, 19, 3.
in court, NTh 17, 1. not to be circumcised by Jews, Sirm. 4. not to be clerics,

NVal 35, 1. not to be purchased by public
officials, 8, 15, 3; 8, 15, 5. not to be regis-
trars, 8, 2, 5. obligation of land by, 2, 30,

2; 2, 31, 1. ownerless, 1O, 12, 2; IT, I, I2;
see also s.v. property, of palatines, 6, 35,
I; 6, 35, 3. partition of families of, 2, 25, 1.
of patrimonial estates, 2, 25, I; 4, 12, 3;
5, 16.
peculium of, see s.v. as pledges, 2,
30, I; II, 9, I; 13, 3, I. of privy purse, 5,

16. of procurers, NTh 18, 1. prohibited
from assemblies, 16, 4, 5. public, 8, 5, 58;
II, 24, 6; NVal 35, 1. of punishment, io,
10, 30; 1O, 12, 2. punishment of, 4, 1O, 2;
7, 18, 2; 8,2,5; 8, 5, 17; 9,1o, 4; 9, 12;
9, iS, I; 9, 21, 1-2; 9, 24, 1-2; 9, 45, 5;
12, I, 39; 12, 1, 50; 12, I, 179; 13, 3, I; 14,
lO, I; 14, 10, 4; 16, 4, 5; 16, 5, 21; 16, 5,
65; NVal 23, I; NMaj 7, 1. rebaptism of,
16, 5, 65; 16, 6, 4. recovery of, see actions
for recovery; fugitive slaves. recovery of
property by, 4, 22, I; 4, 22, 4. rejected as
recruits, 7, 13, 8; 7, 13, II. sale of, 3, 4, I;
3, 32, 1; 8, 15, 3; 1O, 12, I; IT, 3, 2; II,
9, 1-2; NMaj 7, I. seized by force, 2, I, 8;
II, II, I. of Senators, 14, 17, 6. as soldiers,
7, 13, 16; 7, 18, 9. of soldiers, 7, 1, 3; 7,
13, 16; 7, 20, 8; 7, 22, 2. sponsors of, 4, 8,
5-6; 4, 8, 8-9. substitutes for, 2, 25, I; 4, 8,
7; 5, io, I; NVal 35, 1. on tax rolls, II,
3, 2. trained in music, 15, 7, io; unions of,

with free persons, 4, 6, 7; 4, 8, 7; 4, 12,
passim; 9, 9; 12, I, 6; NVal 31, I; NSev
2, i;
NAnth I. urban, 6, 35,
1;
9, 42, 7;
1O, 8, 4; 1O, 9, 2. vagrant, petitions for,

TO, lo, 20; 10, 12; II, I, 12. of veterans,
7, 20, 8. of weaving establishments, To, 2o,
2; 1o, 20, 9. as witnesses, 2, 27, I; 9, 9, I;
NVal 21, 2
slave women, of procurers, 15, 8, 2; NTh 18,
I. and their daughters, Senators and other
dignitaries forbidden to marry, 4, 6, 3;
NMarc 4, I. unions with, 12, i, 6; NMaj
7, i; NAnth I, I
sodomy, see homosexual practices

soldiers, 7, passim. actions involving, see
actions. age of, 7, i, 5; 7, 22, 2. bethrothal
of, 3, 5, 5. on the borders, see border.
brigandage by, 9, 14, 2-3. camp, 7, I, 18;
16, 5, 65.
cavalry, see s.v. collection of

I; II, I, 34; II, 7, 16;
NMarc 2, I. common, 7, 6, 5; 8, 5, 2. de-
taxes by,
I, 14,
curions forbidden to be, see decurions. of

dukes and those of border militia not to be
produced at imperial court, NTh 4. estates
of, 5, 6. exemptions and privileges of, 4, 8,
9; 4, 13, 6; 6, 35, 3; 7, 13, 6-7; 7, 20, 4; 7,
20, 1O; 7, 21, 3; 9, 7, 9; II, I, I; 12, I, 52;
12, I, 56; 12, I, 95; 12, I,125; 12, 6, 6; 13,
I, 2. families of, 7, I, 3. field rations for,

7, 4, 4-6. forbidden to be gladiators, 15, 12,
2. garrison, 7, 15, 2. headquarters of, 7,
20, 2; NTh I, i. height of, 7, 13, 3. heretics and Jews as, 16, 5, 65; 16, 8, 24. infantry, 7,
20, 4.
leaves
of absence
of;
1O, 1O, 33; 10, 12, 1-2; 14, 7, ia; 14, 18, I;
masters of, see s.vv. municipal food ra-
NVal 35, 1. garb of, 14, 10, i; 14, 10, 4.

given by Emperors, lo, I, 2; 1o, 8, I; o,
8, 4; 10, 9, 2. in guilds, NSev 2, 1. of
heretics, 6, 5, 21; 6,5, 40; i6, 5, 52; 6,
tions of, 14, 17, 7; 14, 17, II. not to be recalled to municipal councils, 6, 14, 2; 12, I,
128. not to damage meadows of provincials, 7, 7, 3-5. not to have authority over
[ 637
Index
municipal councils,
12, I, 128. not to serve
in civilian offices, 8, 7, 12-13; 12, 1, 83.

persons forbidden to be, 7, 13, I; 7, 20, 12;
prescription of forum of, NTh

7, 3-4. in the Presence, 6, 24, I; 7, I, 17;
7, 22, 5. property of, 5, 6; II,I, 12. public works constructed by, 15, I, 13. quarters
10, 20, II.
of, see s.v.
reserve, 6, 35, 3; 7,
i, I.
slaves as, 7, 13, 6; 7, 18, 9. sons of, 7, I,

5; 7, 22; 8, 4, 4; 12, I, 18; 12, 1, 32. tax
payments for, 8, 4, 17; II, 5, I; II, 7, 16;
12, 6, 28; 6,TO, 19; Sirm. 12; NVal 15, 1.
tax payments of, 4, 13, 6; 13, I, 13. transfer of, i, 7, i ; 7, i, 18. trials of, see actions.
urban, 4, 13, 3. vagrant, see vagrants. vindication of public land by, 2, 23

solicitation, corrupt, see corrupt solicitation
solidi, adulteration or clipping of, 9, 22; 12,
6, I3; 12, 7, 2. counterfeiters of, 9, 21, 5.
stamp of approval, on post warrants, 8, 5, 22

standard bearer, 14, 7, 2
standard, imperial, 6, 25
State aid to indigent parents, II, 27; see also
parents
State auctions, 5, II, 9; 5, 13, 2; 5, 15, 18;
1o, 2, 1-2; lo, 16, I; II,9, 1-2; II,15, 2;
13, 6, 9. validity and legal effect of, lo, 17
State clothing, makers of. See weavers

State
State
17;
12,
purchases, II, 15
storehouses, 7, 4, passim; 8, i, To; 8, 4,
II,14; II,27, 2; II,28, 9; II,28, 16;
I, 49; 12, 6, passim; 12, 10; 13, 5, 32.
construction and maintenance of, 15, I,
passim. custodians of, II,14, I; 12, 6, 33;

12, TO. of the Port, 14, 15, 4; 14, 23. pro-
vosts of, see s.v. stores in, 7, 14; II,14;

14, 3,
16;
14, 15, 4;
14, 17, 7.
14, 16, 2;
exemptions of, 13, I,II; 13, I,14. fees and

salaries payable in, 6, 24, 3; 6, 29, 5; 6, 31,
supervisors of, 12, 6, 33

statement, of claim, see claim. written, of
judge, 4, 17
1; 7, 4, 34; 7, 6, 4; 7,
statues, 15, 1, 14. of the Emperors, 12, 13, 4;
13, 16-17; 8, 4, 17;
13, 5, 7; 14, 6, 3; NMaj 7, T. fines payable

in, 6, 31, i; 1o, ig, 6; 12, 1, 50; 13, 5, 29.
Gallic, NMaj 7, i. gifts less than 200, 3,
5, 13. grants of, 12, I, 169; 14, 27, 2. offertory of, 7, 24, I. perfect, not to be refused, NVal 16, i; NMaj 7, 1. price of,
NVal 16, I. prices in, 14, 20, I; NVal 32,
I; 33, 1. property valued at 3oo, NVal 3, 1.
to be reduced to mass of gold, 12, 6, 12-13.
sales tax on, NVal 15,
1.
senatorial tax
payable in, 6, 2, 15; 6, 2, 23; 6, 26, 12. for

shows, 15, 9, 2. suits valued at over loo,
2, 4, 6; NTh 4, 1. value of, in bronze, II,
21, 2; in gold, 7, 24, 1; 12, 6, 13; 12, 7, I;
NVal 16, I; in silver, 8, 4, 27; 13, 2, I.
value of tax assessment in, 7, 4, 32; 7, 13:
7, 13, 20; II, I, 29; II, 17, I-3; NVal 5, I;
6, 3; 13, I; 29, 1; 34, I; 36, I; NMaJ 7, I
Solus (?), landholders of, NVal 1, 2
sons, see also children. adoptive, 5, I, 2. of
masters, 12, I, 98. of military men, of apparitors, and of veterans, 7, 22; see soldiers.
natural, of decurions, see decurions
sons-in-law, decurions as, NTh 22, 2. property of, NMaj 6, x
soothsayers, 9, 16, 1-2; 9, 16, 4; 9, 6, 6; g,
16, 9; 16, 1o, I
sophists, 6, 21, I; 14, 9, 3
sorcery, crime of, 3, 16, I; 9, 19, 4; 9, 38, I;
9, 38, 3-4; 9, 38, 7-8; II, 36, i; II, 36, 7
Spain, bishops from, 6, 2, 15. shipmasters

from, 13, 5, 4; 13, 5, 8. soldiers in, 7, 14, 1.
taxes in, 6, 2, 21
Spanish horses, i, 1o, I
spatangius, 14, 20, i
special agents, see confidential agents
special grants of imperial favor, not preferred to general laws, I, i, 4; 1, 2, 2;
NVal 4; see privileges, special

special investigator, 8, 4, 16; 9, 9, I
special points, appeals from forbidden, see
appeals
special privileges, grants of, see privileges
specific recovery, see vindication
spectacles, gladiatorial, 15, 12, passim. public, i, 6, 9; 15, 5; 15, 9, I; 6, 2, 42-43;
see also amusements. theatrical, 6, 4, passim; 15, 4, 1; 15, 5, 2; 15, 5, 5; 15, 6, 2;
15, 7, passim
spendthrifts, see prodigals
Sperantius (Superantius), I, I, 6; NTh I, I
sponsors, in actions for freedom, 4, 8, passim

stablemasters, 6, 31; 8, 8, 4
stables, for animals, see animals
stage, persons of, 14, 3, 21; 15, 7; 15, 13, 1.
See also women
15, 4, I;sanctuary at, 9, 44. of Eutropius,

9, 40, 17. of pagan gods, 16, To: 6, 8, o,
12, ig; see images; idolatry
status, diminution of, 3, 30, 4; 5,
i,2;
5,
1,
6-7; 9, 42, 9. ignoble, see ignoble status.

legal, desertion of, 12, 19; see degradation;
infamy
statutory guardians, see guardians. time limits, see s.v.
step bread, 14, 17
sterile lands, see lands
stewards, of artisans, 14, 27, i. church, 5, 3,
I; 9, 45, 3. of houses, 16, 5, 36. imperial,
IO, 24. palace, see s.v.
Stilicho, 7, 16, I; 9, 42, 21-22
stipendiary rights, 3, 5, 8; 8, 12, 2
stipulations, 2, 33, 3; 3, 5, 8; 3, 13, 4; 4, 19,
I; NTh I, i; 9, i; NMaj 2, 1. Aquilian,
2, 9, 2
stone quarries,
To, 19, 8; see mines and
quarries
storehouses, see State storehouses
students, 14, 9, passim. age of, 13, 4, 1;
14, 9, I
studios of painters, 13, 4, 4
Subafrensians, conspiracy of, 7, 19, I
sub-assistants, 6, 27, 3
subdeacons, estates of, 5, 3, I; 12, I, 49; 12,
I, 163. exemptions of, 16, 2, 7; 16, 2, 24.
guildsmen as, NVal 20, I

subscriptions, of documents, 2, 2, 7; 3, 1,
4, 4, 3; 4, 20, 4; 5,9, 2; 8, 6, I; 9, 35,
12, 12, 15; 13, 1o, 7; NTh 7, 4; 16,
NVal 21, I-2; 32, I; NMaj 7, I; see
scriptions; sealing of documents

subsistence allowances (annonae),
3;
I;
1;
in-
1, 5, 6-7;
; NVal
31, 1; 35, 1. for decurions, 12, 1, passim;

NTh 1o, i; 15, 2; NVal 3, I; 32, I; 35, 1.
for guildsmen, io, 20, 16; 13, 5, 13; 14, 3,
4-5. for praetors, 6, 4, 12; 6, 4, 21. to per-
form compulsory public services,
to decurions who have passed to the clergy,

NVal 3. on intestacy, see s.v. rights of,
1, 2, 4; 2, 19, 2; 2, 19, 4; 2, 24, I; 3, 18, i;
4, I,I; 4, 3, I; 4, 4, 5; 4, 6, 8; 4, 21, I;
5, I, passim; 5, 12, 3; 5, 14, 3o; 5, 16, 33;
6, 4, 17; 7, 8, 5; 9, 24, I; 1O, 14, I; II, 16,
16; 12, 19, I; NTh 16, i; NVal 21, 1-2;
35, i; NMarc 3, x; NAnth I, i; 3, I; see
also heirs; inheritance and succession.

statutory, 4, I, I; 4, 3, I; 4, 4, 5; 4, 21, I;
5, 1; 5, 2, I; 5, 6, I; 9, 42, 9; lO, lO, 30;
12, 1, 49; 12, 1, 107; 12, I, 123; 16, 5, 9;
x6, 5, 58; 16, 7, 2; 16, 7, 7; NTh 6, i;
NMaj 5, ;; 6, i; NAnth 3, i
Suitra, see Augusta Suitra

suits, see also actions. in Africa, 7, 4, 33;
NVal 12, 1. annulment of, see s.v. attestation of, I, 2, 1o; 2, 4, passim; 2, 12, 7;
2, 16, 2; 2, 27, I; 3, II, I; 4, 14, 1; 5, 15,
20; 5, I, I; 9, I, 15; 9, 19, 4; 9, 34, 2; II,
30, 30; 12, 6, 2; 16, 7, 7; NVal 35, 1. at-
testation of, in name of dead or absent persons, 2, 4, 2. attestation of, in provinces,

2, 16, 2; in Rome and in Italy, 2, 16, 2;
under the tyrants, 15, 14, 9.
expenses of,
4, 18; see expenses. notification of, see s.v.

persons who abandon, 1O, 13. by procura-
tors; property in; time limits of, see s.vv.

summons. See also notification. of landholders, 5, II, II. to suit, 4, 14, I; 4, 22, 6;
9, 2, 3; 1O, 1O, 30; TO, 13, I; 13, 6, To;
14, 7, I; I6, 8, 20; NVal 8, i; 35, I;
NMaj 2, I
Sunday, amusements forbidden on, see amusements. emancipations and manumissions on,
2, 8, I. inspection of prisoners on, 9, 3, 7.
legal actions forbidden on, 2, 8, I; 2, 8,
18-ig; 8, 8, i; 8, 8, 3; II, 7, 1o; II, 7, 13
Superantius
(Sperantius),
Count of Con-
sistory, I, I, 6; NTh I, I
superexactions, 5, 19, 2; 7, 4, 12; 7, 4, 28;

II, 8; NTh 7, 2
superindictions, I, 12, 7; 6, 23, 3-4; 6, 26, 14;
II,1, 36; II, 5, 2; Ii, 6; II,16, 5; II,16,
i6; II,I6, 20; II, 19, 4; II,20, 3; 15, I,
33; 15,2, I; 16, 2,40; Sirm. II; NVal 7, I;
io, I; NMaj 2, I
superintendent, of public games, 12, I, log;
15, 9, 2
superior officer of palatines, NVal 7, 3

superior priest (praesul), Sirm. 3; NVal
17, I
supernumeraries, of imperial service, 6, 32, 2.
I, 12, 6; I, 22, 4; 6, 24, 1-2; 6, 30, 7; 6,

30, II; 7, 1, II; 7, 22, 2; 8, i,3; 8, i, lo;
8, 5, 3; 8, 5, 31; 8, 6, I; 8, 7, 17; 8, lo, 2;
12, 12, 2; 13, 3, 8-9; 13, 3, II; 13, II, 8;
14, 9, 2; NTh 24, I; NVal 13, 1; 28, 1.
for animals, see provender. commutation
of, 7, 4, passim; 8, 4, 6; 8, 4, 17; 8, 4, 19;
NVal 13, 1. military, issue of, 7, 4; 8, 4,
passim; 8, 7, 6; 10, i, 17; II,5, i; NVal
13, I; see also commissary officers
subsortition, 6, 4, 12
substitutes, for coloni (ae), 5, 18,
substitution, of heirs, NTh II, I; NMarc 5, I

suburbicarian districts, 8, 5, 34; II, 1, 9; II,
16, 12; 11, 28, 12; NVal 6, 2; NMaj 9, I
succession, see inheritance and succession.
16, 2, 1.
for slaves, see s.v. for soldiers, 6, 35, 3.

for tax payers, 14, 25, 1. for tax receivers,
12, 6, 24
of palatines, 6, 30, 15; 6, 30, 17. of tax

lists, 7, 13, 6-7; io,23, I; 13, TO, 7
supervisors, of baths of the City, 14, 5. of

breadmakers, 12, 16; 14, 3, 18; 14, 6, 2-3.
of games at Antioch, lO, I, 12; 15, 9, 2. of
largesses, 8, 5, 13. of public post
i, 9, I;
II; 8, 4, 23; 8, 5,
passim;
8, 4, 8; 8, 4,
8,7,7;8,7,9;8,7, 16;8,7, I9;8,8,4.

of public post stations, 6, 29, 9. of public
salutations, 6, 18, 1. of public works, 6,
20, I. of saltworks, II, 20, 3. of tradesmen, 13, I, 17
supplementary donations, 14, 26, 2
supplementary posthorses, postwagons, see

posthorses; postwagons; public post
supplications, to the Emperors, Min. Sen. 5;
Const.; 1, 2, 5-6; 1, 2, 10; 1, 5, 14; 1, 15,
.8; 2, 6, I; 2, 7, I; 2, 9, 3 ; 2, 18, 3; 3, 10, I;
4, 14, 1; 4, 16, I; 4, 22, 2; 4, 22, 5; 8, 4,
26; 8, 9, 1; 8, 17, I; 8, 18, 7; 9, 26, 3; 9,
32, I; 9, 40, 4; 1O, I, 15; 1O, 9, 3; 1O, 1O,
[ 638 J
Index
21; II, 7, 15; II, 30, 6; II, 30, II; II, 30,
17; 12, T, 12-13; 12, I, 33; 12, 1, 36; 12,1,
167; 12, 6, 27; 14, 3, 6; 14, 3, 18; 14, 3,
20; 14, 7, 2; 14, 19, I; 16, 1, 4; 16, 5, 63;
16, 8, 26; 16, 9, 3; Sirm. 3; 13; NTh 4, I;

5, 3; 8, I; 13, I; 26, I; NVal 8, 1-2; 19, 1;
21, 1-2; 35, I; NAnth I, I; 3, I
sureties, see security. of administrators of

imperial estates, I, 32, 2. for appearance
in trial, NVal 35, 1. of chief tenants of
privy purse, TO, 3, 4; lO, 5. of curators of
debt account books, 12, II. of dowries, 3,
15. of imperial lessees, I, ii, I. of lessees,
decurions not to be, NTh 9. for loans, 2,

31, I; 10, 24, 2. of loans to Africans, NVal
12. municipal councils as, NVal 32, I;
NMaj 7, I. of procurators, I, 32, 3. for
II, 7, II; II, 12,
1-2;
I,
33;
15;I,,
II, I6, 4; 11, 16, 6;
4; 8, 1, 3 ; 8, 11, 1I; I I,
II, 2o, 6; II, 23, I-2; II, 24, 6; 12, I, 36;

12, 4, I; 13, 4, 2; 13, 4, 4; 13, 1O, 2; 13,
10, 4; 13, 1o, 8; 13, II, 2; 15, 3, 5; 16, 2,
26; 6, 2, 33
tax collections, II, 7. actions for, 8, 8, I;
8, 8, 3; 8, 8, 8; lo, I, 6; II, 7, passim;
12, 6, 2;
NMarc
see s.v.
14, 25, I; NVal 7, I; NMaj

2, I;
2, I;
see also debts. by apparitors,
by augustal
prefects,
I,
14,
1.
automatic, II, 22, 4. by decurions, see s.v.

disbursements of, NTh 5, 2. and enforcement officers, 8, 8. exemption from; by
governors, see s.vv. order of, II, 16, 4.
by palatine office; by praetorian prefects,
see s.vv. by prefects of annona, I, 15, 1o;
II, 4, I; 11, 5, 2-4; II, 16, 8; 11, 16, io-ii;

II, 16, 13; 12, 1, 54. not to be imposed by
announcers of occasions of public rejoicing, 8, II

tax lists, lo, I, 15; 10, 19, 15; II, I, 28; II,
7, I; II, 20, 6; II, 22, 5; II, 24, 6; II, 28,
3; II, 28, 13; 12, I, 74; 13, IT, 2; r6, 2, 26.
containing names, I, 1o, 8; II, 28, 3. persons enrolled on, 1O, 20, 17; II, I, 14; 12,
I, 51; NTh 7, 4; see coloni. quadrimestral, I, 10, 7; II, 25; 12, I, 173; 12, 6, 27;
NMaj 2, I; see also tax payments to be
made in three installments. validity of, I,

1o, 8. written, 13, lo, 8
tax lustral, I, 5, 14; 13, 1; NTh 18, I; see
also tradesmen, tax on

taxpayers, services not to be exacted of,
property of children, NMaj 6, i; NSev
II, 7, 8. under proconsuls, I, 12, 2; I, 12, 7.
1.
by procurators, I, 32, passim. by provincial office staff, see apparitors. of recruits,

see tax collectors, chief recruit. regulation
tax payments; see also taxes. of animals, II,
and control of, II, I, 3; II, 1, 31-32; II, 7;

II, 16, 4; II, 6, 7; II, 2o, 6; II, 22, 4; 15,
14, II. by soldiers, see s.v. under the
II, 21; II, 28, 9; 14, 3, 16. of cattle, 14,

4, To; NVal 36, 1. of charcoal, II, 6, 15.
of clothing, I, 15, lO; 7, 6, passim; 8, 5,
33; 8, 5, 48; IT, 9, 1-2; 12, 6, 4; 12, 6, 31;
13, 5, 14. delay of, see s.v. evasion of, 13,
II, I; see s.v. compulsory public services.
I, I. of purchasers, 8, 18, I; NVal 32,
of purchasers of imperial estates, 5, 16, 34.

of tax receivers, 12, 6, 25
surveyors, 2, 26, I
sustenance
for indigent parents from the
State, II, 27
swamps, NTh 20; 24, I
swear, see oath

swine collectors, guild of, 8, 7, 22; 14, 4;
NVal 36; NMaj 2,
i.
landed estates of, 14,

4, 5; 14, 4, 8; NVal 36, I. use of horses
by, 9, 30, 3; see cattle collectors; sheep

and goat collectors
sword, death penalty by, see punishment,
capital. right of, 9, 41, I; 12, I, 74
synagogues, see s.v. Jews

syndics, 16, 2, 42
Synesius, 10, 20, 18
synoditae, 9, 40, 16; II, 30, 57
synods, 16, 2, 15; 16, 2, 23; NVal 17, 1. of
Ephesus, 16, 5, 66
tyrants, 15, 14, II. by vicars, I, 5, 13;

14-15; I, 15, 17; see also s.v. vicars
I,
15,
tax collectors, I, 16, II; 8, 8, 7; To, I, 16;

II, I, 34; II, 7, 15; II, 22, 3-4; 12, I, 186;
NVal 15, I; 32, I; NMaj 2, I; 7, I;
NMarc 2, I; see also tax gatherer. apparitors of prefects not to serve as, 12, 10.
appointment of, I, 12, 7; II, 7, 20-21; II,
25, I; II, 30, 12; 12, I, 8; 12, I, 54; 12, 6,
passim. capitation, II, 24, 5. of cattle, see
s.v. of cavalry recruits, 6, 35, 3. chief, of
commutation for recruits, II, 16, 14. chief
recruit, 6, 4, 21; 6, 26, 14; 6, 35, 3; 7, 13,
7; 7, 18, 3; II, 16, 6; II, 6, 14-15; II, 16,
18; II, 23; NVal 6, 2. fraud and extortion
by, see extortion, of imposts, 4, 13, passim; II, 28, 3. liabilities of, 8, I, 9; 1o,
synoneton, II, 15, I
Syracuse, landholders of, NVal 1, 2

Syria, apparitors in, 8, 4, II; magistrates of
Antioch in, 12, I, 169
Syrianus, Greek grammarian, 6, 21, I
Syriarchs, 15, 9, 2
16, 4; 1O, 17, 3; 1O, 24, I; II, 7, I;

To; 11, 7, 20; 12, 6, 18; 12, 6, 27; 12,
13, I, 12; 13, 5, 5; 13, 5, 17; 13,
NTh I, 2. military, I, 14, I; 7, 4,
4, 34; 7, 5, 1; II, I, 34; II, 7, r6;
II, 7,
6, 32;
II, 6;
26; 7,
12, I,
II,
1O,
I0
1-2; see cattle; horses; swine. of beans,
15, 10, 2.
of bronze, II,
I, 23; II, 20,
6;
to the fisc; of gold; of grain, see s.vv. of

horses, 6, 23, 2; 6, 26, 3; 6, 26, 14-15; 6,
35, 2; 7, 23, I; II, 9, I; II, 1o, 2; II, 16,
I2; II, 17; II, 18; 12, 1, 138; 13, 3, 2; 13,
4, 4; 13, 5, 14-15. of iron, II, 20, 6. of

Jews, 16, 8, 14; 16, 8, 17; 16, 8, 29. to the
largesses, I, 15, 9; 4, 13, 7; 5, 15, 19; 5,
16, 29; 7, 6, 2; 7, 6, 5; 8, 5, 13; 8, 5, 2o;
8, 5, 40; 8, 5, 47-48; 8, 8, 5; 1o, 19, I2; 10,
24, 3; II, 7, 17-18; II, 12, 2; II, 12, 4; II,
2o, 6; II, 21, I; II, 28, 3; 1i, 28, 6; II,
28, 14; 12, 6, 13; 12, 6, 30; 16, 8, 29; NVal

7, 3; 13, I; NMaj 7, I; NMarc 3, 1.
lustral, 13, I, see tradesmen. to be made in
three installments, 5, 15, 20; II, I, 15-16;
II, 7, II; II, 19, 3; 12, 6, 15; NMaj 2, I;
see also tax lists, quadrimestral. in money,

II, I, 5-6; IT, 2, passim; II, 5, I; 14, 4, 2-3;
see also commutation. not to be illegally
186; NMarc 2, 1. of regular tax, NMaj

2, I; see s.v. restriction of, 8, 8, I; 8, 8,
appropriated, TO, I, 14; TO, I, 16; II, 14, 3;

12, 9; 15, I, 12; see embezzlement. not to
65; NTh 3, I
6-7; II, I, 3; 12, 6, passim; NVal I, 1-3.
Tatianus, annulment of acts of, 9, 38, g; 9,

42, 12-13; II, 1, 23; 12, 1, 131
taxes, II, 28, 3. of swine, see s.v. terms
be made through tax accountants, II, 4.

in oil, 14, 15, 3. from patrimonial, emphyteutic, and privy purse farms, r, II, r; I,
Tables, Twelve, 9, 42, 9

Tarsus, Bishop of, I6, I, 3
Tascodrogitae, 16, 5, lo; 16,
5,
tavern keepers, 7, 13, 8; II, 1o, 1-2; 15, 13, I;

NMarc 4, 1. daughters of, 4, 6, 3; NMarc
4, I
tax accountants, see accountants. taxes not

to be paid through, II, 4
tax adjuster, see tax equalizer
tax assessment, II,
16, 3-4; 12, I, 173; 13, I,
17; 13, TO; 15, I, 34. of capitation tax, 13,

II, 2. clerks, 14, I, 1. on land, 13, II, passim; NTh 26, I; see s.v. taxes. master of
office of, 8, 12, 8; 14, 9, 1. on occasion of
public rejoicing, 8, II. office of, 4, 4, 4;

6, 4, 26-27; 8, 15, 5; 13, 4, 4; 13, lo, 8; 14,
I, I; 14, 9, I; 14, lO, I. on property gainfully acquired, 6, 27, 16; 12, 4; 14, 3, lO;
NTh 22, 2. rate of, II, I, 3. relief from,
II, 2o, 6; II, 28, passim; 13, II, passim;
see also exemptions. sale of property with,
see s.v. sale

tax assessor
(censitor), 6, 3, 2-3;
13, II.
(censor), 13, lo, 8; 14, 9, 1. (censualis),

6, 2,
16-17;
6, 2,
20; 6, 4,
13; 6, 28, 5; 6,
28, 8; 6, 35, 3; 8, 2; 8, 4, 8; TO, 25, I

tax associates, 7, 13, 7
17, I;
7, 4, 32; 7, 5, 2; 7, 6, 3; 7, 13, 6-7; 7, 20,
1. of small
of service of, 12, 6, passim; see time limits. of tolls, II, 28, 3. of wine, 12, 6, 26
tax declaration, 5, II, 8; 6, 2, 13; 6, 2, 21;
6, 35, 3; TO, 1, 15; II, I, lO; 11, 1, 12; II,
3, 3; II, 12, I; II, 22, 2-3; II, 24, 6; II,
28, 12-13; 13, 1o, I; 16, 2, 15
tax of denarismus or uncia, I2, I, 107; 12,
I, 123
tax equalization, 5, 6, 3; 5, 16, 29; 6, 2, 24;

6, 3, 2-3; 6, lo, I; 10, 3, 7; II, 20, 5-6; II,
28, 12; 13, 1o, 8; 13, II, passim; NTh lo, I
tax exemption, see exemptions

tax farmers, II, 28, 3 ; 12, 1, 97; see publicans
tax gatherers (allecti), I, I, 6; 9, 35, 2;
12, 6, 12-13
tax, glebal, 5, 13, 4; 6, 2, passim; 6, 3, passim; 6, 4, 17; 6, 23, I; 6, 23, 4; 6, 26, 14;
1, 74; 12, I, 138; 12, 13, 2;

13, 3, 15-16; 13, 3, 19; 14, 3, 1O
tax inspectors, 6, lo, I; 10, 3, 7; II, I, 31;
II, 28, 4; 12,
II,
I, 33; II,
20, 5-6;
II,
28, 2;
13, II;
NTh lO, I; 26, I; NVal I, 3

tax investigators, II,
26; II, 28, 3; I, 30,

36; II, 30, 45; II, 36, 21; II, 36, 29; 13,
II,
taxation and tax assessment, 13, TO

tax, capitation, I, 28, 2; 5, 13, 4; 5,
of sheep and goats, NVal 36,
8;
13,
II,
11-12;
NTh To,
NVal I, 3
tax levies, 1,28, 1; 1, 29, 2; 7, 4,
I;
22; I,
22,
1;
1, 1;
13, 1; 5, 14, 30-31; II, 7, 19; II,
i9; NTh
5, 2. to the privy purse, 8, 5, 48; 8, 8, 5;

1O,
I,
14; II,
1,
27; II,
7, II; II,
28, 6;
12, I, 30; 12, 9, 3; NMaj 7, I; NMarc

3, I. of recruits, 5, 6, 3; 6, 27, 13; 7, 13,
passim; 7, 18, 6; 7, 18, 8-lo; 7, 18, 14; II,
6, 14-15; II, 16, 18; II, 18, I; II, 23,
passim; 12, I, 78; NVal 6, 1-3; see tax
collectors, chief recruit. of siliquae, NTh

22, 2; NVal 15; 34, I;
NMaj 7, I.
of
silver; of swine, see s.vv. transfer of, not

to be requested, II, 20, 6; II, 22. uniform
regulation of, I, 2, 9; II,
lo, I. for use in Rome,
IT, 2, 2; 13, 5, 27; 13, 5,
15; 15, I, 12; NVal 36,
wine, II, I, 6; II, 2, 2-3;
14, 6, I; 14, 6, 3
I, 20; NVal 4, I;
ii,I, 8; II, I, 18;
32; 13, 5, 35; 14,
I; NMaj 2, 1. in
12, 6, 26; 14, 4, 4;
tax proclamations, II, 16, 7-8; see indictions

tax, of procurers, NTh 18, I
tax receipts, see taxes, receipts for
tax receivers, I, 1o, 8; I, 15, 6; I, 32, 3; 6,
35, 6; 7, 4, 1; 7, 4, 11; 7, 4, 13; 7, 4, 24;
7, 6, I; 8, 3, I; 8, 4, 23; 8, 5, 47; 8, 7, 8;
9, 27, 7; 9, 35, 2; TO, I, 17; To, 16, 4; II,
1, 2; II, 1, 19; II, 4, 1; II, 7, 14; 11, 8, 3;
II, 25, I;
II,
28, 17; 12, I, 49; 12,
E 639 1
1,
54;
Index
12, I, 70; 12, I,
97;
I, 173; 12, 6; 12,

8; 16, 2, I. of gold,
12,
7, 1; 12, II, I; 13, 5,

NVal 35, 1. of wine,
tax registrars, I, 1o, 8;
1, 9; 8, I, 12; 8, 2; 8,
14, 4
1, 15, 6; 8, i, I; 8,
4, 8; 8, 15, 5; 9, 27,
7; 1O, 20, 18; 1O, 24, I; II, I, 2; II, I, 9;

I I, I, I I; '1I, 1, 13; I I, 7, 1; I I, 7, 16; I I,
8,3; II, 28, 3; 12, 1, 31; 12, 6, 2; 12, 6, 7;
12, 6, 27; 12, 6, 3o; 13, 1O, I; 13, 1O, 8;
NVal 7, 3
tax, regular, I, 1o, I; I, 12, 7; I, 15, 10; 5,
II, II; 5, 12, 2; 5, 13, 4; 5, 14, 30; 5, 14,
34-35; 5, 15, 17; 5, 16, 29; 5, 16, 33; 6, 26,
14; 8, 1o, 2; 9, 42, 16; 1O, 3, 5; lO, 20, 8;
II, I, 30-31; II, 1, 36; II, 2, 4; II, 5, 2;
II, 7, 19; II, 14, 2; II, 16, 2; II, 16, 8;
II, 16, 13; II, 20, 5; 12, 6, 24; 12, 9, 3;
13, 5, 14; I13, 5, 27; 13, 5, 35; 14, 6, 3; 14,
16, 2; 14, 17, 14; 16, 2, 40; Sirm. IT; NTh
5, 2-3; 19, I; 26, 1; NMaj 2, 1; 7, 1;
NMarc 3, i. bureau of, lo, 20, 13; 1O, 20,

I8. for City of Rome, II, i, 8; IT, r, 18;
II, 2, 2-3; 13, 5, 27; 13, 5,32; 13, 5, 35;
14, 15; 14, 17, 14; NMaj 2, 1. in clothing,
7, 6, 2; II, 9, I; 13, 5, 14; see s.v. tax pay-
ments. of gold; of grain, see s.v. in horses,

II, 9, I; II, 17, 3; 13, 5, 14; see s.v. tax
payments. on minerals, 10, 19, 4. of municipalities; of Senators; in swine, see s.vy.

tax remission, see taxes, remission of
tax, two-nummus,
14, 27, 2
tax units, land, 5, II, 8-9; 5, 13, 2; 7, 6, 3; 8,

II, I; To, 25, 1; IT, 4, I; II, 16, 6; II, 17,
I; II, 28,
4; 12, 4, I; 13, 5, 14; 13, lO, 8; 15, I, 34;
'5,I, 49; I5,3, 5; 16, 2, 15; 16, 2, 40;
Sirm. Ii; NTh 22, 2; NMaj 7, I. per-
4; II, 2o, 6; II, 22, 1-2; II, 23,
sonal, 7, 4, 32; 7, 6, 3; 7, :2o, 4; IT, 16, 4;

see also tax, capitation
tax warrants, 7, 4, 22; II, 7, 16; see tax levy

taxes, see also tax payments. annonarian, I,
2, 9; 1, 5, 5-6; I, 6, 5; I, 12, 7; 5, 13, 4;
II, I, 20; II, I, 29; II, 3, I; II, 14, I; II,
15, 2; II, 16, 13; II, 22, 3; 15, I, 12; Sirm.
12; see also taxes in kind. delinquent, i, 5,
II; I, II,
I;
I, 15, 15; 5, 12, 3; 5, 13, 4;
5, 14, 31; 5, 16, 3o; 8, I, 9; To, I, IT; TO,

16, I; lO, 17, 1; lO, 2o, 14; II, 1, 13 ; II,
1,
25; II, I, 27; II, 3; II, 7, 4; II, 7, 7;

II, 7, 16-17; II, 9, 1-2; Ii, 19, 1; IT, 28,
passim; II, 30, 36; 12, 6, lo; 12, 6, 14;
13, II, 4; 13, i, 16; NVal 36, i. delinquent, remission of, 5, I, II; 5, 12, 3; II,
7, 4; II, 28, passim; NTh 26, i; NVal I;
34, I; NMaj 2; NMarc 2; 3, i. exemption
from, see s.v. extraordinary, II, I, 5; II,
I, 29; II,5, 2; II, 16, passim; NMaj 2, I;
5, 2; 25, I; 26, i; NVal i, 1-3; 5, 1; 7,

1-3; NMaj 2, I; 7, i; NMarc 3, 1. on
land, abandoned, 5, II, 8-9; 6, 2, 24; II,
20, 5-6; 13, II, 15; NVal 32, 1. on land of
Senators, see tax, glebal. on land sterile,

5, II, 9. on landholdings granted by the
Emperors or relieved of taxes, II, 20; II,
28, 13; II, 28, 15; NTh 5, 2-3; 26, x; NVal
lo, I; NMarc 2, I; NAnth 3, 1. on minerals, To, 19, passim. new or additional,
NTh 26, 1. pledges for payment of, 2, 30,
I; II, 7, 7; II, 9. on property of decurions,
12, i, 107; 12, I,
2o; 9, 42, 16; II,
II, 2, 1-2; II, 2,
12, I, 173; 12, i,
123. receipts for, 5,

i, 2; II, 1, ig; II, I,
5; II, 26, 2; II, 28,
185; 12, 6, 2; 12, 6,
15,
32;
13;
16;
12, 6, 26-28; 12, 6, 32; 13, 5, 8; 13, 5, 21;
13, 5, 26; NVal I, 3; 15, i. remission of,
I, 28, 2; 4, 13, 5; 6, 2, 24-26; 6, 4, 22; II,
1, I;
II, 12, 2; II, 2o; II, 28; 12, 13, 4;

13, II, 4-5; 13, II, 13; 14, 15, 3; NTh 26,
I; NVal 13, I; 34, 1. on sales, NVal 15,

i. of Senators, see tax glebal. on ships, 14,
27, 2; NMarc 2, 1. of siliquae, see s.v.
superindictional, see superindictions. supplementary, see superindictions; taxes, extraordinary. on tradesmen, see s.v.
teachers, 14, 9, passim; see professors. of
heresies,
16, 5, 3; 16, 5, 5; 16, 5,
12; 16, 5,
31-33. qualifications and salaries of, 13, 3,

5; 13, 3, II; 14, 9, passim
teamsters, 10, 2o; 14, 3; see pack-animal driv-
ers
temples, Christian, 9, 45, 4; see churches.
construction of, 15, i, 3. pagan, 16, 7, 2-3;
6, To. pagan, buildings belonging to, 15,

I, 41; 16, TO, passim; Sirm. 12; NMaj 4,
I. pagan, confiscation of, Sirm. I; pagan,
custodians of, 16, i, i. pagan, demolition of,
15, 1, 36; 16, 1o, 6; j6, io, 25; NMaj 4,
i. pagan, imperial property granted to, 5,
13, 3. landed estates belonging to, io,i, 8;
1O, 3;
24; 10,
lO, 1O,
lO, 32; II,
20, 6;
NMarc 2, I. service in, 12, I, 112; I6, I,

i; 16, 7, passim
temporary possession, appeals from grants of,

II, 37; see also interim possession
tenants, see coloni; chief tenants; leaseholders
tender of payment, 4, 20, I
Terennius, Bishop of Scythia, 16, I, 3
terms of service, see service
Terracina, taxes of, 14, 6, 3
tertii augustani, 4, 13, 3

testamentary capacity, 3, 12, 3; 16, 5, 17; 6,
5, 23; 16, 5, 25; 16, 5, 27; 16, 5, 65; 16, 7,
2; 16, 7, 4
testaments, 4, 4; NTh 16; NVal 21. of apos-
see also s.v. compulsory public services. in

kind, 5, II, IT; 5, 16, 29; 7, 5, I; 8, 5, 13;
tates, 16, 7, passim. appeals against, II, 36,

26. of armorers, NTh 6, 1. of breadmak-
to, I, z6; 10, 17, I; 1O, 19, 15; II, I, passim;

IT, 2; 11, 5, 1; IT, 7, 6; II, 12, 2; nT, Tg,
3; II, 21, 3; II, 28, 4; II, 28, 9; IT, 28,
passim. and codicils, 4, 4. of deaconesses,
14; II, 30, I2; 12, I, 8; 12, I, 49; 12, 6,

9-1o; 12, 6, 15; 12, 6, 23; 13, 5, 5; 13, 5, 14;
13, 5, 17; 14, 4, passim; 16, lo, ig; Sirm.

12; NTh 5, 3; NMarc 2, I; see also an-
nona; taxes, annonarian. in kind, commutation of, 7, 4, 30-32; 7, 6, 3-4; II, 2, passim; IT, 16, 2o; IT, 17, 3; II, 20, 6; II,
21, 3; II, 28, 17; 14, 4, passim; NTh 26,
I; NVal 6, 3; 13, 1; 36, x; NMarc 2, 1.
on land, I, 5, IH; 5, 11-5, 16, passim; 6, 2,
24; 6, 3, passim; 7, 7, 4; 7, 13, passim;
7, 19, i; 8, II, I; 9, 42, 16; 1O, 3, 7; II,
I-I, 13, passim; II, I9; II, 20, passim;
II, 22, passim; II, 28, 4; 12, 6, passim;
12, 13, 2; 13, I6,passim; I5,1,34; NTh

E 640 ]
ers, 14, 3, 3; 14, 3, lo. of clerics, 16, 2,

16, 2, 27; NMarc 5, I. of decurions, 5, 2,
I; 12, I, IO7; NTh 22, 1-2. in favor of
the Church, 16, 2, 4; NMaj 1o. in favor
of clerics, NMarc 5. in favor of Senators,

NMaj 1o. of freedmen, see freedmen, inheritance and succession of. freedom granted by, 4, 7, i; 6, 8, 28; NTh 16, I. gifts
made by, 3, 8,
1-2;
Greek, NTh 16,
1;
8, 18, 7; NTh 22,
1.
in
1. guardians appointed by,
3, 17, 3; 3, 18, 1. of heretics, 16,

5, passim; 16, 6, 4. holograph, NVal 21, 2.
2, 4,
of husbands and wives, see s.v. imperfect,

2, 24, I; 4, 4, 7; 16, 5, 17; NTh 16, 1. in
incestuous marriages, 3, 12, passim. inofficious, 2, 4, 6; 2, 19; 2, 20, I; 2, 21, 1;
4, 4, 7; 5, 1, 4; 15, 14, 9; 16, 7, 3; NTh
I; NVal 21, 1. of Jews, 16, 8, 28.

letters as, 4, 4, 2. of minors, 2, 16, 2. by
nuncupation, see s.v. of sons of deported
22,
men, 9, 43, I. under the tyrants, 15, 14, 9validity of, 2, 19, 2; 2, 24, 1-2; 3, 9, 1;
4, 4, passim; 4, 6, passim; 9, 9, i; 9, 19, 1;
9, 19, 4; 9, 20, I; 9, 43, I; 13, 5, 7; 14, 3,
3; 16, 2, 4; 16, 2, 20; 16, 2, 27; 16, 5, IS;
16, 5, 40; 16, 7, 2-3; NTh 16, i; NVal 21,
1-2; NMarc 5, 1; NAnth 3, 1. witnesses
of, 4, 4, passim; NTh 16, i; NVal 21, 12. of women, 9, 9, I; 16, 2, 20; 16, 2, 28;
NVal 21, 1-2; NMarc 5, I
testator, intention of, 2, 24, 1; 4, 4, passim;
NTh 16, i; NVal 21, I. rights of, 1, 2,
lO; 4, 4, 3; 4, 4, 7; NTh 16, I; NVal 21,

1-2; NMaj 6, i; NMarc 5, i
testimonial letters, 6, 22, 8; 6, 35, 9; 7, 1, 7;

7, 20, 12; 7, 21; 8, 6, i; 12, I, 25; 12, 1,
156; 12, 1, 171; 13, 3, 15-16; see also imperial letters
testimony, of apostates, 16, 7, 4. of bishops,
see s.v. of clerics, II, 39, lo. of freedmen,
NVal 25,
1.
of witnesses, II, 39, passim;
13, 9, 1; 13, 9, 4. of women, 9, I, 3; see

also witnesses
Tharsacius, trial of, II, 24, 6
theater, accountants of, 8, 7, 21-22; see spectacles, theatrical

Thebais, imperial estates in, 5, 16, 34. soldiers in, NTh 24, 1. taxes in, I, 14, I
theft, 9, 42, 7; 12, 6, II; 14, 4, 9; NVal I, 3.
actions on, see actions. of cattle, 2, I, 8; 9,
30, 1-3. judges guilty of, I, 5, 9; 9, 27, I
Themistius, philosopher, 6, 4, 12
Theodorus, Assistant Master, 6, 26, 17. Count
of the Consistory, I, I, 6; NTh I, i. Count
and Master of Bureaus, I, i, 5. trial of,
II, 24, 6
Theodosiac Aqueduct, 6, 4, 30
Theodosian Code, Min. Sen. passim; Const.;

I, i, 5-6; 3, i, To; NVal 26; 32, I; 35, I;
NAnth 3, i. validation of, NTh I
Theodosian Novels, I, i, 6; NTh 2; NSev
1-2
Theodosian praetors, 6, 4, 25
Theodosiopolis, municipality of, NTh 5, 3
Theodosius, Emperor, Min. Sen. I; 2; 6,
30, 21; II, 28, 8; NTh, NVal, passim;
NMarc 5, i
Theophilus, Bishop, 16, 4, 6. Latin grammarian, 6, 21, I

Thermae, landholders of, NVal i, 2
Thessalonica, church in, II, 1, 33
Theveste, municipality of, I, 15, 1O
Thrace, border of, NTh 24, I. miners of, o,

19, 7. refugees barred from, 5, 6, 3. Senators from, 6, 2, 14. taxes in, 7, 6, 3. victory of Constantine in, 7, 20, I
Tiber boatmen, 14, 21
time limits, of actions, I, lO, 3; 1, 12, 3; I,
16, i; 2, 4, passim; 2, 6; 2, 7, passim; 2,
1o, 2; 2, 15, passim; 2, 16, passim; 2, 19, 2;
2, 19, 5; 2, 20, I; 2, 26, 4-5; 2, 27, I; 3,
32, I; 4, 6, 3; 4, 8, 4-5; 4, 8, 7; 4, 8, 9; 4,
IT; 4, 14; 4, 18, I; 4, 22, I; 4, 23, i;
8, 15, 5-6; 9, 7, 2; 9, 19,
9, 24, 3; 9, 27, 7; 9, 36, 1-2; 9, 40, 16;
1, 3-4; lO, I, 7; 1O, I, 13; To, I, 16;
4, 22; 6, 4, 34;
6,
2;
To,
io,
lO, 27; lO, 13, I; 10, 15, 3; 12, I, I8I;

12, 19, 2-3; 13, 9, 1-2; 13, 9, 6; 13,
1O, 5;
13, II, 5; 13, II, 16; 15, 14, 9; 16, 7, 3;
16, 7, 7; Sirm. I; NVal 7, 3; 13, i; 27,

I; 35, i. of the advocacy, NTh 1O, 1-2;
NVal 2, 2; 2, 4; 13, I; 32, I. of annulments, 9, 37, 4. of appeals, 9, 40, 16; io,

I,
13; II,
30, passim; II,
31, passim; II,
Index
35, I; II, 36, 3; NVal 13, i. of contracts,
marriage, 3, 5, 4-5. of contracts for tax
collection, 4, 13, 1. of delays, II, 33, I.
for delivery of cargoes, 13, 5, 21; 13, 5, 26.
for payment of debts, 2, 27, I; 4, 19, I;
12, II, I. of petitions for property, 4, 15,
I; 9, 42, 17; 1o, I, I; io, lo, passim; lo,
13, I;
i.
13, II,
16; NTh 17, 1-2; NVal 31,
of post warrants, see s.v. for recovery
of decurions, 6, 14, 2; 12, 1, 23; 12, 1, 3738; 12, I, 64; 12, i, 74; 12, I, 88; 12, i, go;
12, I, 121; 12, I, 123; 12, I, 143-144; 12,
I, 154; 12, I, 161; 12, 1, 171-172; 12, I,
188; 12, 19, 1-3; 6,2, ig; 6, 2, 21; NMaj
7, 1. for recovery of deserters, NVal 6, I.

for recovery of fugitive coloni, see s.v. actions. for recovery of property, 4, 6,3; 5,
II, 12. of renewals of appeals, II, 31, passim. of sanctuary for fugitives, 9, 44, I;
9, 45, 5. for subsequent marriages, 3, 8, I;
3, 8, 3; 3, 16, 2; NTh 22, 2; NMaj 6, 1.
for summons of decurions,
12, I, 23.
for
summons of heretics, 6, 5, 62; Sirm. 6.

for summons of landholders, 5, II, II. of
summons to suit, 9, 2, 3. of tax payment
and collection, 5, II, 8; 11, 1, i8; II,1, 3435; 11, 7, 16; 11, 9, I; 11, 2o, 5-6; 1I, 28,
3; 12, 6, 2; NMaj 2, 1. of terms of service, 6, 26, 6; 6, 26, 17; 6, 30, 3; 6, 30, 14;
6, 30, 21-22; 6, 31, x; 6, 33, I; 6, 34, I; 6,
35, passim; 7, 6, I; 8, I, 4; 8, i, 8-io; 8,
i, 13; 8, I, 15-17; 8, 4, 28; 8, 5, 36; 8, 5,
42; 8, 7, 16; 10, 22, 3; 10, 22, 6; 12, I, 13;
12, 1, 31; 12, 1, 38; 12, 1, 56; 12, I, 88;
12, I, 171; 12, I, 19o; 12, 6, 4; 12, 6, 7;
6,
II; 12, 6, 22; 12, 6, 24; 12, 12, 2;

14, 3, 7; 14, 4, 9; 14, 23, i; NTh 21, I;
NVal 22, I; 30, 1. of testaments, 4, 4, 67; NTh 16, i; NVal 21, 2. of transfer
12,
of captives, 5, 6, 3
time, prescription of long, see prescriptions
Timotheus, Bishop of Alexandria, 6, i, 3;
Sirm. 3
titles, affixed to landed estates, 2, 14; NVal
13, i. defects in, 4, 22, 5. of dignitaries
used In suits, 2, 13, i; 2, 14. of honorary
rank, see s.v.
toll collectors, II, 28, 3
tombs, violation of, 3, 16, i; 9, 17; 9, 38, 3;
9, 38, 7-8; NVal 23

torchbearers, NVal 30
torture, examination by, persons subject to,
I, 32, 3; 1, 34, 3; 2, I, I; 2, 27, 1; 4, 6,3;
8, 1, 4; 8, I, 6-7; 8, I, 9; 8, 2, 4-5; 8, 4, 8;
9, I, 14; 9, 1, 19; 9, 3, I; 9, 5, 1; 9, 7, 4;
9, 12, 1-2; g, 6, 6; 9, 19, I; 9, 21, 2; 9,
28, I; 9, 35; 9, 37, 2; 9, 37, 4; 9, 38, 4;
9, 38, 8; 9, 40, I; 9, 40, 22; 10, i, 5; II,
16, 2, 14-15; NVal 7, 1; 15, I; 24, I. use
of money by, 9, 23, I

trafficking, illegal, forbidden, 6,
8, 4,
22, 2;
lo; 8, 15, 5; 9, 2, 3; 1o, 20, 18; 10, 24, 3

Trajan, Emperor, NVal 2, 2; II, I; 19, I;
21,
1-2;
23, I; 25, I; 27, I; 31, I
transactions, under the tyrants, 15, 14, passim

transmarine provinces, actions in, 2, 7, 3; 7,
4, 33; 1o, I, 13; 10, 1o, 27; II, 30, 41; II,
30, 45; NVal I, I. captives in, 5, 6, 3;
NVal 33,
1.
service in, 6, 14, I
transport, of the public post, heavy, 6, 29, 2;

6, 29, 5; 8, 4, II; 8, 5, 23; 8, 5, 26; 8, 5,
62; NTh 5, 3. regular, 6, 23, 3-4; II,16, 4.
supplementary, 6, 23, 3-4; 8, 5
transport of supplies, compulsory public service of, I, 5, 14; 7, 5; 7, 17, I; 8, 4, II; 8,
5, passim; ii, i, passim; II, 5, i; ii, 16,
II,17,
lo; II, 16, 15; II, 16, 18;

passim; 13, 7, 1-2;
14, 6, 1-3;
4; 13, 5,
14, 21, I;
2, 40; Sirm.
15, 1, 49; 16, 2, 15; i6,
NTh 8, i; NVal 5, I; 5, 3
ii;
transport, of wild beasts, 15, II, 2. of wood,

13, 5, 10; 14, 5
transporters of wood, 14, 8
travel money, 7, 13, I6; 8, 6, i; NMaj 7, I
treason, see high treason
treasurers, 10, I, II; 10, 24, I; 12, 6
treasure-trove, 1o, 18
treasuries, of the cities, 8, 5, 48. custodian
of, 8, 7, 14. of dioceses, 8, 7, 23. grain, 12,
II, 2; 14, 16, 1. wine, 12, 6, 26; 14, 6, 3

treasury, imperial, I, 5, 13; 4, 22, 3; 5, 14,
35; 5, 15, 15; 5, 16, 30; 6, 2, 13; 6, 2, 16;
6, 9, 2; 7, 8, g; 7, 13, II; 7, 13, 13; 7, 13,

17; 9, 3, 6; 9, 40, 17; 9, 42, 16; 9, 42, 20;
9, 42, 24; 10, I, 14; 1o, 2, 2; 10, 8, 5; 1o,
20, 32; 10, 10, 34; lo, I6, I; 10, 21, 3; 1o,
24, 2; II, 1, 35; II, 18, I; II, 20, 4; II,
28, 3; II, 28, 9; II, 28, 16; II,30, 39; II,

30, 41; II, 30, 59; II, 36, 32; 12, 6, 17;
12, 6, 25; 12, 6, 32; 13,
13, 5, 38; 13, 3, 20; 15,
1,
1,
17; 13, 3, I;
27; 15, I, 41;
15, 2, 8; 16, 2, 39; 16, 5, 49;

16, 5, 58; 16,
5,
16,
5, 54;
65; 16, 8, 14; 16, io, ii;
Sirm. g; NTh 15, 2; 17, 2; 18, i; i9, I;

2o, I; NVal I, 3; 6, 3; 7, 1-2; 10, I; 19,
I; 24, I; 27, i; NMaj 2, I; 5, I; 7, I;
NMarc 2, I; 3, 1. silver paid into, 13, 2
trespass, see forcible entry and seizure

trial judges, see judges
trials, see actions. court, 2, 18; 9,I, passim;
NTh 7, 1-3; NVal 35, 1. of criminal cases;
delay of, see s.vv. extraordinary, i, 16, I;
6,7, i; 10, 1, 13; 13, 5, 7; NVal 35, I; see
also
judges;
courts,
foreign,
9,
I, 1o;
see also forum. fraud in, see s.v. not to be

venal, i, 16, 7. to be public, i, 16, 6; I,
I, II; II, 4, I; II, 7, 7; II, 30, 2; II, 36,
16, -lo; I, 16, 12-13
I; II,36, 4; 11, 36, 7; II, 39, 10; 12, I, tribunal, 2, 1o, I; NVal 19, I; NMarc 4, 1.
of the Emperor, I, 16, 5; II, 31, 9. of
39; 12, i, 80; 12, 6, 18; 13, 9, 2-3; NVal
governors, i, 16: 6, 9. of the prefect of the
39,
i, 3; 23, I. clerics exempt from, II,
io. decurions exempt from, 9, 35, 2; 9,
City, 14, 16, I; see also courts
tribunes, of amusements, I, ig. honorary, 7,
35, 6; 12, I, 39; 12, T, So; 12, i, 85. other
persons exempt from, 9, 6, 6. Senators
21. and imperial secretaries, 6, 10, 2-3; II,
18, x; NVal 6, 3; 21, 2. of the imperial
exempt from, 9, 35, 3
torture horse, penalty of, 8, I, 4; 9, 16, 6;
stable, 6, 13, 1. inactive, NVal 6, 3. and
masters of offices, II,9, ; 6, 1o, I. mili14, 17, 6
Tottaus, decurions of, 12, I, 119
tary, 7, I, 2; 7, I, 10; 7, I, 12-13; 7, I, 17;
tradesmen, exemptions of, NMaj 7, 1. fines
7, 4, 1; 7, 4, 23; 7, 4, 28-29; 7, 4, 36; 7,
of, 16, 5, 52. Greek, to be recalled to Rome,
9, 2; 7, II, 1-2; 7, 12, I; 7, 13, 18; 7, 18,
NVal 5. guild of, 12, 6, 29; 13, 1, passim;

NVal 24, '; NMaj 7, 1. tax on, 4, 13, 2;
6, 26, 14; 7, 20, 2-3; 7, 21, 3; II, 12, 3;
12, I, 5o; 12, I, 72; 13, I, passim; 13, 4, 4;
13, 5, 16; 13, 5, 23; 16, 2, 8; 16, 2, 10;
17; 7, 20, 2; 7, 20, 1o; 7, 20, 13; 8, 5, 49;

to, 20, II; II, 18, 1; 12, I, 113; 12, I, 128;
NTh 7, 3. non-military, NTh 7, 3. of the

people, 12, I,74. rank of, I, 3, I; 6, 24, II;
6, 35, 7; NVal 13, 1. of the scholarians,
6, 13; 7, 4, 23. supervision of, I, 8, 2. urban, 6, 27, 8

tributary rights, 3, 5, 8
tribute, ii, I; see taxes. fiscal, NVal 13. to
be paid in natural products, ii, 2. persons
subject to, 1o, 12, 2. pledges for payment
of, I I, 9
Trier, teachers in, 13, 3, II
Trinity, concept of, 16, I, 2-3; 16, 5, 6; 16,
5, 38
Tripolis, apparitors in, 8, 7, 12.
II, 36, 33. taxes of, II, I, 29
appeals in,
Troad, mines and quarries of, II, 28, 9; II,

28, II
trousers, forbidden in the City, 14, 10, 2-3

trusts, 2, 4, 6; 3, 8, 2; 4, 4, 7; 8, 18, 5; 8, 18,
7; 12, I, 107; 16, 2, 27; 16, 5, 17; 6, 9, 4;
NTh 22, 2; NMaj 6, 1; NMarc 5, 1. secret,
S10,1o, 2o; 1o, II, I; 16, 2, 27; 16, 5, 17.
under the tyrants, 15, 14, 9
Tuscany, decurions
of, 14, 6, 3.
taxes of,
II, 28, 7; II,28, 12; 14, 6, 3

tutelage, exemption from, 3, 31. See exemp-
tions
tutors, administration and liability of, 3, 30;
3, 32, 2; 4, 22, 2; 9, 8, passim; 9, 21, 4.
corruption of girls by, 9, 8. creation of,
3, 17; 6, 4, 16; 15, 14, 9; by testament, NTh
16, 1. of minors, 2, 4, I; 2, 6, 4; 2, 16, I;
3, 5, 5; 3, 5, 11-12; 3, 6, I; 3, 18, I; 3, 31,
I; 4, 14, I; 9, 43, I; 13, 3, I; 13, 1o, 6;
NTh ii; see guardianship

tutorships, actions on, 2, 4, 6
Twelve Tables, 9, 42, 9
tyrants, freeborn men enslaved in the time of,
5, 8. invalidation of acts effected under,
5, 8; 7, 18, 9; 8, 4, i;9, 38, 2; 9, 38, 11-12;
15, 14; 16,
2,
47; Sirm.
Ulpian, jurist, I, 4, I; I,4, 3; 9, 43, 1
unauthorized management of another's affairs,

2, 4, 6; 5, 3, i (?) ; NTh 7, 2
uncia, tax of, 12, I, 107; 12, 1, 23
uncles, maternal, 3, 12, I; 5, 1, 4-5. paternal,
as guardians, 3, 17, 2. paternal and maternal, incest of, 3, 12, 1 ; 3, 12, 3. paternal,
inheritance and succession of, 3, 12, 3; 5,
I, 1-2; 5, 1, 7
undersecretaries, 7, 4, I; 8, 4, 8
ungrateful children, see children
unions, see also marriages. of colonae, see
s.v. of free women and minters, 10, 20, To.
of free women and slaves or freedmen, 4,
12, passim; 9, 9; 10, 20, 3; 10, 20, lo; NVal
31, i; NAnth i, I
unjust sentences of praetorian prefects, appeals from, NTh 13

unproductive lands, see sterile lands
urban peoples, NMaj io
urbicarian districts, 6, 2, 26; 9, 30, 3; II, 2,
3; II, 13, I; II, 16, 9; II, 28, 14
Ursicinus, Count, 7, 4, 12
usable year, 2, 15, I; see also court days
use of seats, 15, 13. of weapons, 15, 15, i;
NVal 9; NMaj 8
usher, 6, 35, 7
usufruct, 3, 8, 3; 3, 9; 5, I, 8; 8, 12, 8-9;
8, 18, i; 8, 18, 3; 9, 14, 3; NVal io, I;
35, i; NMaj 6, i; 7, i; NSev I, I. retention of, 8, 12, 9; 8, 18, 9-To
usury, see interest

uterine brothers and sisters, 2, 19, I ; 9,
42,
vagrant coloni, NVal 31; see coloni, fugitive.

slaves, petitions for, To, 12; see slaves,
fugitive. soldiers, 7, 1, 12; 7, i, 16; see also
deserters
[ 641 ]
Index
vagrants, consigned to imperial service, 7, 18,
10; 7, 18, 17; 7, 20, 12; 8, 2, 3. rejected as
recruits, 7, 13, 6
Valens, Emperor, 6, 4, 34; 6, 30, 13; 10, 19,
7; II, 28, 9-1o; 12, i, go; 16, 8, 13; NMarc
5, 1
Valentinian, Emperors
16; 9, 42, 24; To, 19, 15; 1o, 20, 6; 10, 22,
4; 12, 1: 33, 64, 89, 123, 154, 181; 13,
5, 16; 14, 3, 18; 14, lO, 4 ( ?) ; 15, 3, 3 ( ?);

6, 2, 29; Sirm. 5; 9; NTh i8, I; NVal
3, I; 31, I (?); NMaj 3, i. of property
and rights, I, 5, 13; I, 34,
(I,
II, III),
Min.
22, I;
2; 2, 1o, 6; 2,
2, 23; 3, 13, 3; 3, 30, I; 3, 32, I; 4,
16,
2, 20;
16, 2, 28; NMarc 5, 1. trials of,
I, 22, 2
wild beasts, chase of, 15, 5, 2; 15, II

wills, see inheritance and succession; testaments
wine, receivers of, 14, 4. for soldiers, 7, 4, 46; 7, 4, 25. tax payments of, see s.v. treasury, 12, 6, 26; 14, 6, 3
witnesses, bishops as, 5, 9, 2; Sirm. i. in
Sen. 2; I, II, 2; 6, 5, 2; 6, 23, 4; 6, 26,

6, 27, 16; 7, 4, 22-23; 8, 4, 28; 9, 42,
14, I; 5, 1,5; 5, I, 9; 5, 14, 30; 5, 16, 33 ( ?)

6, 29, 2; 7, 8, 15; 7, II, 2; 8, 5, 38; 8, 8:
lo; 1O, 3, 3; 10, 5, I; II, 8, I; II, 19, 4;

II, 28, 8-9; 12, I, go; 15, 1, 33;
6, 6, 2;
5, 57-58; 8, 13, 1; 8, 18, I; 8, 18, 3; 8, 18,
criminal cases, 9,
7; 9, 9, I; 9, 30, 5; 9, 42: 1, 2, 8, 9,
15; 1O, 8, 5; 10, 1O, 32; TO, 12, 1-2;
18, 2; 1O, 19, lO; IT, I, 28; II, 16, IS;
39, 12; 12, 1, 63; 12, 6, 32; 13, 6, 5-6;
14,
9, 40, I;
To,
II,
39, 13. of gifts, 3, 5, 7; 8, 12, I.
14,
1,
7;
16, 7, 3; 16, 8, 13; NTh, NVal, passim;

NMarc 5, I
Valentinians, heretics, 16, 5, 65

Valeria, use of horses in, 9, 30, 5
Valerianus, decurion, NTh 15, 2
Valerius, trial of,
II,
validation of Theodosian Code, NTh I, I

Vandals, invasion of, NVal 34, I;35, I
vehicles, of dignitaries, 14, 12. of public post,
8, 5, passim
venality, of advocates, I,29, 5. of apparitors,

6, 7; 1,
5; 9, 40, 5; 9, 40, 14-15; 1O,

12, I, 192. of
judges, I, 16, 7; 9, 27, 5-6; 9, 35, 6; 9, 40,
15; NVal 23, i; NMaj 5, I; 7, i; NMarc
I, i. in nominations, 6, 4, 22. of prison
guards, 9, 3, I; 9, 40, 5. rank obtained by,
12, 12, 15. of scribes, 14, 17, 6. of tax colI,
I,
29,
7. of the augustal prefect,
lectors, see extortion

Veronicianus, Min. Sen. 7
Versaminum, garrison at, 7, 4, 30
vestal virgins, areas belonging to, 13, 3, 8
veterans, 7, 20. as decurions, 12, I, 45.
ex-
emptions and privileges of, 7, 20, passim;

7, 21, 3; 9, 30, I. lands granted to, 5, II, 7;
7, 15, 1; 7, 20, 3; 7, 20, 8; 7, 20, II; II, I,
6, 5, 61. rejected as recruits, 7, 13, 6. shipmasters,

28. of office staffs, 8,
5,
46;
13, 5, 14. sons of, I, 12, 4; 7, 1, 5; 7, 1,

8; 7, 13, 6; 7, 18, to; 7, 20, 2; 7, 20, 12; 7,
22;
8,
12,
1, 78;
2,
3;
8,
4, 4;
I,
12,
15;
1,
12,
35;
12, i, 89. use of horses by, 9,
15,
5;
I,
15,
TO;
I,
15,
14;
I,
15,
17; II,
I, 13; 12, 6, 9; 14, I, 6; 14, 3, 17. appari-
Law on Public and Private, 9, 1o

virgins, rape of, 9, 24, see maidens, holy
Visellian Law, 9, 20, I
vows, of marriage, 3, 5, 4; 3, 5, 7; 3, 5, 12;
NVal I, i. of religion, 16, 2, 6; 16, io, 8;
rank of, I,
13; 6, 4,
15; 6,
, 6; 6, 2, 23; 6, 4,
1O, 2-3;
6, II, I; 6,
15,
i; 6, 6, 1; 6, 17, x; 6, 22, 5; 6, 22, 7; 6,

26: 2, 4, 10-I1, 17; 6, 27, 20-22; 9, 26, 4;
16, 5, 54; NVal 2, 2. of Spain, I, 15, I ( ?)
Victorinus, veteran, 7, 20, 2
villages, churches in, 16, 2, 33. mother, II,

24, 6. patronage of, II, 24. public, II, 24,
6
villas, I, 16, II; 5, 13, 2; 5,13, 4; 9, 17, 1;
16, 5, 12; 16, 5, 66; NVal 21, 2. imperial,
16, 5, 21
vindication, of persons, I, 5, 13; I, 12, 6; 6,
30, 16; 7, i, 6; 7, 13, 7; 7, 22, II; 9, 40,
1;
2,
17,
1; 2,
27,
I;
3,
5,
sim. of testaments, 4, 4, passim; NTh 16,

I; NVal 21, 1-2. trustworthiness of, II, 39
demned persons, 9, 14, 3; 9, 42, passim. of
administrators, gifts to, 8, 15, 6. adulter-
3, 16, 1. of heretics, 16, 5, 52. of imperial

weavers, 7, 14, 1. incestuous, 3, 12, pas-
sim. income expended between husbands

and, NVal 14. inheritance and succession
of, 3, 5, 13; 3, 9, I;
4, 21, I; 5, 1, 9: 5, 3,
8, 18, passim; 8, 19, i;
sim; To, II, I; NTh
14, I;
21, I; 35, I;
3, 12, 3-4; 3, 13, 3;

I; 7, 8, 16; 8, 17, 2;
9, 14, 3; 9, 42, pas-
14, I; 17, 2; NVal

NMaj 6, i; see also
8; NTh 23, I; NMaj
husbands and wives. not to receive exemptions of husbands, II, 16, 18. of pro-
6, I, passim. of the Roman people, Min.

Sen. 5; 7, 24, I. of the Senate, Min. Sen. 5
fessors and physicians, 13, 3, 3; 13, 3, 1O;

13, 3, 16; 13, 4, 4. property of, see s.v. of
16,
1O,
17; Sirm.
wagons, of public post, see post wagons

wagoners, of public post, 8, 5, 31
wards, see adults; guardians; pupils

walls, city, 7, 8, 13; 9, 40, 2o; 10, 3, 5; II,
15, 1: 34, 36, 41, 49, 51;
16, 5: 6 ( ?), 9 ( ?), 14
( ?), 29 ( ?)
water supply, 14, 15, 4; 15, 2, passim; NVal

13, I; see also aqueducts. of the army, 7,
I, 13
weaving establishments, imperial, I, 32, 1;

I, 32, 3; 4, 6, 3; 7, 6, 5; 9, 27, 7; 10, 20,
II, 34, 2.
7,
dowry of, see s.vv. grounds for divorce of,
of, I, 5, 12-13; I, 15; i, 16, i; i, 16, 5;

2, 17, 1; 3, Ii, I; 6, 24, 4; 6, 29, 2; 6, 30,
19; 7, 4, 3; 7, 1o, I; 8, 5, 12-13; 8, 5, 33;
8, 5, 38; 8, 5, 61; 8, 7, II; 8, 7, 21; 9, I,
13; 9, 8, I; 9, 34, 2; 9, 40, 15-16; 1o, o,
6,
20; TO, 15, 4; II, I, 1; II, I, 13; IT,
4; II, 27, I; II, 30, 33; II, 30, 36; 12, 6,
i, 6, 2-3; 1, 12, 6; I, 15, I; I, 15, 7; 1,

16, i; II, 30, 29; II, 30, 36; II, 30, 61;
22, 2; 2,
7; 4, 7, I; II, 36, 18; 12, 6, 2; 13, 9, pas-
also rape
violation of tombs, see tombs
violence, actions on, see actions. crimes of,
2, 29, 2; 4, 20, 4; 4, 22; 9, 2, 5; 9, 1o; 9,
weapons, use of, 15, 15, i; NVal g; NMaj 8
5, 36; 13, 9, 5; 14, 4, lO;

14, 15, 6. of the City of Rome, I, 6, 2;
II,30, 61; 12, I,162; 13, 9, 5. court of,
Senators
as, II, 39, 3. slaves as, see s.v. in suits,
ous, 9, 7, passim. of clerics, 16, 2, lo; I6,

2, 14; 16, 2, 44; Sirm. io. of coloni, NVal
31, 1. daughters of decurions as, 12, I,
124; NTh 22, 2; NVal 7, 1. of decurions,
NTh 22, 1-2; NMaj 7, i. divorce of;
tors of; appeals from, see s.vv. of Asia,

I, 15, 13; 6, 6, 2. authority and functions
24; 12, 12, 9; 13,
freeborn, II,
25; 16, To, 2o; Sirm. 12; to the fisc, see

confiscation. under the tyrants, 15, 14, 9
violation of chastity, 2, I, 3; 4, 12, 1-2; 9, I,
I; 9, 2, 5; 9, 8, I; 9, 25; 9, 38, 7-8; 15, 8;
Sirm. To; NTh 18, x; NMaj 6, i; 9, I; see
17, 4; 14, 10, I;
30, I
veterinarians, 8, 5, 31; 13, 4, 2

vicars, accountants of, 8, 15, 5. of Africa, I,
II, 36, 7.
wives, of accused or proscribed and con-
20, I; II, 30, 30; II, 36, 14; 16, 2, 31; Sirm.
14; NVal 32, i; NMaj II, i. on the Julian
Venetia, appeals in, II,30, 27
4; 9, 19, 2; 9, 37, 3-4;
1O,
x;
I,26; 15, 2, 9; 15,

3, 3; 15, 14, 9; 16, 7: 2, 6; NTh 14, 1; 18,
I; 22, 2; 24, I; 25, I; NVal 2, 2; 7, I;
21, 2; 29, I; 31, i; 36, x; NMaj 4, I; 6, i;
NSev I, I; NAnth 3, 1. of property and
rights to the Church, 16, 5: 52, 65; 16, 8,
1O, 4; 14, 17, 10; 15,
24, 6
II, 36,
weavers, imperial, 7,
passim; TO, 21, I;
14, I; 1O, 20; II, i, 24
II, I, 24; II, 28, 3; 16,
8, 6
weighers, 12, 7
weight, of hogs, 14, 4, 2; 14, 4, 4. limits of,
for post horses and vehicles, 8, 5,8; 8, 5,
17-18; 8, 5, 28; 8, 5,30; 8, 5, 47-48
weights, and measures, standards of, II, 8,
Senators, 4, 6, 3; NMarc 4,
1. of ship-
masters, 13, 5, 7; 13, 5, 12. of soldiers, 7,

I, 3; 7, 13, 6-7; 7, 20, 4. status of, 2, I, 7;
1O, 20, 3; 13, 5, 12. transfer of property to
husbands by, 8, 19, I
wizards, crimes of, 9, 16, 4; 9, 16, 6

women, accused of adultery, 9, 7, passim.
capitation tax rate on, 13, II, 2. cfoice of
husbands for, 3, 7, I; 3, TO, I. clerics not
to consort with, 16, 2, 44; Sirm. 10. "degraded," defined, NMarc 4, I. forbidden
to conduct suits, 2, 12, 5; 9, 1, 3; 9, 24, 1.
forbidden to marry Senators, 4, 6, 3;

NMarc 4, 1. forced into service of Church,
NMaj 6, 1. forum of, 2, I, 7; 13, 5, 12.
free, legal rights of, 8, 13, I; 9, 1, 3. free-
born, union of with slaves, freedmen, or

coloni, 4, 12, 1-6; 9,g; NVal 31, i; NAnth
I, I; with minters, 10, 20, io; with weavers, io, 20, 3. inheritance and succession
of, 4, 4, 7; 6, 4, 17; 16, 2, 20; NMarc 5, 1;
6,
see also daughters; mother; sisters; wives.
I; NMaj 7, 1. office of masters of, 14, 26, I

"Whatever by Order," interdict of, 2, 31
legal age of, 2, 17, I. legal status of, 2, I,

7; see wives. minor, legal rights of, 2, 17,
I; 3, 1, 3; 3, 5, 3; 3, 5, 8; 3, 5, II; 3, 5, 13;
3, 17, 2. obligated, unions of with foreigners, NVal 31, 1. obligation to praetorship
3; 12, 6, 19; 12, 6, 21; 12, 7, I; NVal
"Whence by Violence," interdict of, 4,
22;
9,
20, I
"Wherever of the Two Places," interdict of,
16,
of, 6, 4, 17. property rights of, 3, 8, 3;

3, 9, passim; 3, 13, 3; NTh 14, 1; NVal
35, i; NMaj 6, I. protection of, 2, 16, 3;
3, II, i. released from penalties for celibacy and childlessness, 8, 16, I. revocation
of gifts by, 8, 13, I; 8, 13, 4. slave, unions
2; NMaj 6, i; NMarc 5, 1.
of with decurions, 12, I, 6; NMaj 7, i. of
marriage of, see marriages, subsequent.
the stage and their daughters, 4, 6, 3; 15,

7, passim; NMarc 4, 1. subject to pro-
4, 23
widows, betrothal gifts of, 3, 5, II. exemptions and privileges of, 9, 21, 4; 13, 10, 4;
13, 1o, 6; NMaj 6, 1. holy, rape or marriage of, 9, 25; NMaj 6, 1. inheritance and
succession of, 3, 7, 1; 3, 8,
2,
28; NTh
22,
1-2;
16,
2, 20;
property of, NMaj 6, i; NSev I, I. rape
of, 9, 24. testaments of, in favor of clerics,
curers, 15, 8,
E 642 J
1-2;
NTh 18; NMarc 4, i.
Index
subsequent
marriages of, see s.v. mar-
riages. tax exemptions of, 13, 10, 4. unions
of, with their own slaves or freedmen, 9, 9;

NAnth i. in weaving establishments, I6,
8, 6. who cut off their hair, 16, 2, 27. from
whom clerics are not to inherit, 16, 2, 20;

16, 2, 27
wood and lumber, compulsory public service
of furnishing, II, 16, 15; II, 6, 18; 13, 5,
transport of, 13, 5, 1o; 14, 5.
porters of, 14, 8
1o.
trans-
woodland pastures, imperial, see pastures

workhouses, persons from, rejected as recruits, 7, 13, 8. persons sentenced to, 9,
40, 3
works, public, see public works

workshops, of clerics, I6, 2, 1o; 16, 2, 14.
exempt from quartering, 7, 8, 5; 7, 8, 8.
public, 15, 1, 9; 15, I, 42. revenues from,
II, 20, 3. service in as a penalty, 9, 40, 3
written acknowledgments of debt, see debt
written instruments, see instruments
written statement (periculun), sentences to

be read from, by judge, 4, 17
Xystus, Port of, 13, 3, 8
youth, age of, 2, 17, I
youths, with benefit of legal age, 2, 17, I
Zenophilus, Consul 333, 9, 17,

Zeuxippus, porticoes of, 15,
zygostates, 12, 7. 2
[ 643 ]
1,
2
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Citation: 1 The Theodosian Code and Novels and the Sirmondian

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The Theodosian Code

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THE CORPUS OF ROMAN LAW

The Theodosian Code and Novels

MARY BROWN PHARR

WYOMING SUPREME COURT

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Publication of this work has been aided by a grant from the

PRINTED IN THE UNITED STATES OF AMERICA

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THIs book is complete in itself, although it is the first

have we ventured to differ with him in his interpretations.

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Bar made a generous gift to enable the general editor and

THE THEODOSIAN CODE

The ownership of a thing in suit; the coparties

28. Prohibition of the sequestration of money ....

If a definite thing is sued for with reference to

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23. "Wherever of the two places

Private and public buildings ..............

I. Official ranks ........................

Statutory inheritances ..................

masters of soldiers ...................

Counts of the first order of the various arts ....

The professors who as teachers in the City of

28. Chiefs of office staffs of the secret service ....

7. Praetorian prefects, prefects of the City, and

stitute a civil suit without the knowledge of his

Confidential agents ....................

Military affairs .......................

No person shall lodge in an imperial palace ...

ii. Baths shall not be furnished to counts and

14. Border fortress soldiers ..................

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Tribute must be paid in natural products ....

lo. Services shall not be exacted of taxpayers ....

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16. Supervisors ............................

The lustral tax payment ..................

The Majuma ........................

Public works ........................

The Catholic faith .......................

i. The confirmation of episcopal decisions even

among minors; the unsupported testimony of

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The confirmation of the Novels of the Sainted

Patrimonial estates of the imperial domain and

border farms situated throughout the Orient

NOVELS OF VALENTINIAN III

who must be sent into the municipal councils

The remission of delinquent taxes .........

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Episcopal courts; no person shall be ordained

a cleric against his will; various matters .....

Confirmation of the law of Our Lord Leo

A map of the later Roman Empire will be found at the