THE CODE OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN




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THE CODE OF OUR LORD THE MOST HOLY EMPEROR JUSTINIAN.

SECOND EDITION. BOOK XI.

TITLE I.

CONCERNING THE TRANSPORTATION OF PUBLIC PROPERTY

BY SHIP-OWNERS OR SHIP-MASTERS, AND THE ABOLITION

OF THE TAX KNOWN AS LUSTRAL GOLD.

1 and 2. These Laws are not Authentic.

3. The Emperor Constantine and the Csesar Julian to Olybrius, Prefect of the City.

No violence shall be employed against ship-masters engaged in the transport of tributary grain, nor shall they be put to any annoyance

or trouble, but must enjoy perfect security while both coming and going, and anyone who attempts to molest them shall be fined ten pounds of gold.

Given at Rome, on the Kalends of June, during the Consulate of Constantius, Consul for the ninth time, and the Caesar Julian, Consul for the second time, 357.

4. The Emperors Arcadius and Honorius to Eusebius, Prsetorian Prefect.

We have ascertained that certain ship-masters have made property collected by way of tribute an object of commerce for their own benefit, and therefore We decree that they must, within a year, turn over whatever they have received, and take receipts for the same, showing the day of its delivery, which receipts must be exhibited by them within another year to the persons by whom the property was delivered for transportation.

Given at Milan, on the tenth of the Kalends of January, during the third Consulate of Arcadius and Honorius, 394.

5. The Same Emperors to Flavianus, Prefect of the City.

We wish those who have plundered ship-masters to make good the losses out of their own property, and therefore, in order to prevent any act of this kind from taking place hereafter, We decree that whoever is convicted of the robbery of a ship-master shall be compelled to pay a penalty of fourfold the amount taken.

Published at Rome, in the Apronian Forum, on the ninth of the Kalends of February, during the Consulate of Stilicho and Aurelian, 400.

6. The Emperors Honorius and Theodosius.

As there was a scarcity of ships among the ship-masters of the provinces of the East, and, on the pretext of obtaining vessels, search was made through the adjoining islands and the opportunity for sailing lost, and, on account of there being no means of transportation it was feared that the severity of the authorities would be exerted, it was with reason that Your Highness called together the Augustal Prefect and the Governor of the islands, together with the commanders of the fleet of Alexandria and Carpathia, and other ship-masters, in order that they might be held responsible for the transfer to the warehouses of the Imperial Metropolis of the supplies of grain usually transported by eastern ship-owners from the warehouses of Alexandria to the Capital of the Empire; and in lieu of the small compensation paid for transportation, immunity from payment of tribute or from the tax called i\iKov was conferred upon the said ship-masters, in addition to the other privileges which were granted during the consultation which took place.

Given on the fourteenth of the Kalends of February, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

7. The Same Emperors to Anthemius, Prsetorian Prefect.

Anyone who, having undertaken the transportation of property belonging to the government, abandons the direct route of navigation, and, following a different course, turns aside and sells the property committed to his care, shall be punished with death.

Given at Constantinople, on the fourteenth of the Kalends of August, during the Consulate of Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.

8. The Same Emperors to Faustinus, Prsetorian Prefect.

Judges who permit loaded ships to remain in districts subject to their jurisdiction, under pretext of winter, when the weather is favorable for navigation, shall, with the citizens and the curia of the place, be compelled to pay the expenses incurred by the Governor out of their own property. Moreover, the ship-masters shall suffer the penalty of deportation, if it should be ascertained that they have committed any fraud.

Given at Ravenna, on the eighteenth of the Kalends of September,

during the Consulate of Varana, 410.

TITLE II.

CONCERNING LAND AND ALL OTHER PROPERTY BELONGING TO SHIP-OWNERS.

1. The Emperors Valentinian and Valens to Aurelian, Prefect of Subsistence.

We order that even Our Imperial household shall be responsible to those with whom it has contracted obligations having reference to property liable in the name of a ship-owner.

Given on the third of the Kalends of October, during the Consulate of Lupicinus and Jovinus, 367.

2. The Same Emperors and Gratian to Achilo, Proconsul of Africa.

So far as property sold by ship-masters is concerned (as it is not right to prevent anyone from selling or buying), the purchaser shall be responsible for what is sold by the ship-master, in proportion to his share of the property disposed of, for the liability attaches to the property, and not to the person of the vendor. We do not direct that he shall become a ship-master who has purchased anything from one, but that he shall be liable for whatever he bought, in proportion to the

value of the same.

For not all that the ship-owner possessed, and a portion of which the trader obtained, but only that portion which belonged to the shipowner in the beginning shall be liable for the payment of this obligation, and the residue of the property, which is not subject to it, shall remain free and exempt.

Again, where a house whose value consists in the beauty and ornamentation of the city, rather than in the income obtained from it, is sold by a ship-master, it is settled and it will be liable for this pay-

merit only to the extent of its actual worth in money. Where, however, the land is of such limited extent that it cannot be subjected to such a charge, or where there are buildings whose repairs or reconstruction are arduous and difficult, or where houses are erected (as is frequently the case) merely for adornment, We are unwilling that any such display of munificence which may subsequently have taken place should be the subject of dishonorable competition by bidders; but the former character of the land and the amount of the payment should be taken into consideration, rather than the daily cultivation of the soil, whose value is increased by the industry of an energetic man.

3. The Emperors Arcadius and Honorius to Messala, Prsetorian Prefect.

Those who, by any title whatosever, obtain lands belonging to ship-owners, are compelled to assume the burdens attaching to the same, in accordance with the value of the property, as appraised in ancient times; and ship-owners are notified not to think that they can take advantage of this law by voluntarily disposing of their property through the transfer to persons who are insolvent.

An agreement of this kind, however, shall stand, so that if the land is conveyed to someone who is insolvent, the vendors will be held liable, and the Treasury can, first of all, have recourse to those who are solvent for any loss which it may have sustained.

Given at Milan, on the fourteenth of the Kalends of March, during the Consulate of Theodore, Consul for the fifth time, 399.

TITLE III.

CONCERNING EXCUSES FOR SHIPS WHICH SHALL NOT BE

ACCEPTED.

1. The Emperors Arcadius and Honorius to Longinianus, Prsetorian Prefect.

Many persons protect their ships under various pretexts, and, for the purpose of preventing this kind of fraud, notice is hereby given that if anyone should think that, by means of false ownership, he can evade the requirements of the State, his vessel shall be confiscated to the Treasury. For while We do not forbid private individuals to own ships, We do not permit them on this account to be guilty of fraud, as everyone is bound to consult the public welfare when necessity demands it, and transport the property of the government without availing himself of any privilege enjoyed by persons of his social or official station.

Given at Ravenna, on the third of the Ides of January, during the Consulate of Arcadius, Consul for the seventh time, and Probus, 406.

2. The Emperors Theodosius and Valentinian to Florentius, Prse-torian Prefect.

We order that no ship which has the capacity of more than two thousand modii before the happy embola shall be exempt from the

public service, or the transportation of property belonging to the government, either by reason of some prerogative attaching to rank, or on account of religion, or because of any personal privilege, not even if an Imperial Rescript (whether it be an epistle or a pragmatic sanction) should be produced in opposition to the provisions of this most salutary law.

We desire that the aforesaid rule shall be observed in every instance, so that, generally speaking, when anything of this kind is brought forward contrary to law or the public welfare, in any transaction whatsoever, it shall not be valid. We shall punish any fraudulent attempt made to violate this law in any way whatsoever by the confiscation of the ship for which exemption is claimed.

TITLE IV. No ADDITION SHALL BE MADE TO PUBLIC BURDENS.

1. The Emperors Arcadius and Honorius to Rufinus, Prsetorian Prefect.

No one shall impose any private charge upon ship-masters who have already assumed public burdens, nor shall those who have been employed for the transport of grain be compelled, under any pretext, to assume other liabilities; for the ship-master will not only be civilly responsible for any expense incurred, as well as for the loss of his ship, but he will also be subjected to severe public punishment.

Given at Constantinople, on the fifth of the Ides of January, during the Consulate of Olybrius and Probinus, 385.

TITLE V. CONCERNING SHIPWRECKS.

1. The Emperor Constantine.

If a vessel is driven on land by shipwreck, or if it goes ashore at any time, it shall belong to the owners, and My Treasury shall advance no claim to it-; for what right has the Treasury to take advantage of the misfortunes of others, so as to profit by such an unhappy occurrence ?

2. The Emperors Valentinian, Valens, and Gratian to Modestus, Prsetorian Prefect.

Where a ship-master alleges that he has had a wreck, he must hasten to appear before the judge of the province, who has jurisdiction, and prove the fact, by witnesses in his presence. A report shall then be made to the eminent Prefecture, so that the truth having been established within a year, the matter may properly be disposed of. It has been decided that if, through negligence, the term of a year should be permitted to elapse, any claims presented after that time shall not be admitted as being worthless, and introduced too late.

Given on the Nones of June, during the Consulate of Modestus and Arinthius, 372.

3. The Emperors Gratian, Valentinian, and Theodosius to the Shipmasters of Africa.

Whenever ships have been destroyed or sunk, an investigation shall be made by a competent judge, and two or three sailors must be examined, but the others should be released from any proceeding of this kind; for an expert questioner can obtain abundant information from the number of sailors aforesaid. The pilots, who have more knowledge, should be selected for this purpose; or if they have lost their lives, inquiry should be made of others. Moreover, when the violence of the storm has killed all the sailors, in order that the truth may be ascertained, their children, or those of the pilots can, after having been brought into court, be interrogated with reference to the death of those whom the ship-master asserts to have perished. The time of an inquiry of this kind shall run from the Kalends of April, to the first of the Kalends of October.

Given on the eighth of the Ides of February, during the Consulate of Gratian and Theodosius, 380.

4. The Emperors Valentinian, Theodosius, and Arcadius to Tati-anus, Prsetorian Prefect.

Where property has been subjected to contribution and then lost in shipwreck, We are unwilling that those by whom this was done shall be, in any way molested, or held responsible by Us, whether they are senators or private individuals.

Given at Constantinople, on the fifteenth of the Kalends of August, during the Consulate of Tatianus and Symmachus, 391.

5. The Emperors Honorius and Theodosius to the Ship-masters of Africa.

With reference to wrecked ships, We decree that the cases shall be heard with all diligence, and if anyone is convicted of having appropriated property under such circumstances, the judge before whom this is proved shall have power to fine, deport, and proscribe those who are guilty, in accordance with their rank. If, however, he should neglect to hear the case within two years, and this time has elapsed, he will be responsible, the ship-master must be discharged on account of the fault of the judge, and the latter will be compelled to pay the value of half of the cargo of the vessel, and his subordinates shall pay the other half, on account of his failure to decide the case within the time prescribed by law.

Given at Ravenna, on the sixteenth of the Kalends of April, during the Consulate of Honorius, Consul for the ninth time, and Theodosius, Consul for the fifth time, 412.

6. The Same Emperors.

Where an investigation of a shipwreck is made in the usual way, and it is found that the vessel was lost in a storm, you should not

grant release of liability for the cargo, but its value must be apportioned pro rata among the owners of the ship in a suitable manner.

TITLE VI.

CONCERNING MINERS, MINES, AND THE SUPERINTENDENTS OP THE LATTER.

1. The Emperors Valentinian and Valens to Cresconius, Count of the Mines.

After due deliberation, We have considered it proper to order that anyone who wishes to engage in the business of mining shall, in addition to what he gains, provide for the State by his own labor. Therefore) those who voluntarily pursue this occupation must be compelled by Your Excellency to pay to the government eight scruples to the ounce, which is called in Greek xpvAnything which they may obtain over and above this amount shall preferably be sold to the Treasury, and the proper price be paid for it out of the Treasury of Our Largesses.

Given at Paris, on the fourth of the Ides of December, during the Consulate of Valentinian and Valens, 365.

2. The Same Emperors to Germanianus, Count of the Imperial Largesses.

In estimating the weight of metals, the usual custom should be observed, that is to say, fourteen ounces should be considered as making a pound.

Given at Rome, on the sixth of the Ides of January, during the Consulate of Lupicinus and Jovian, 367.

3. The Emperors Gratian, Valentinian, and Theodosius to Florus, Praetorian Prefect.

All persons engaged in mining on the lands of others shall pay one-tenth to the Treasury, and one-tenth to the owner of the property, and will be entitled to the remainder for themselves.

Given at Constantinople, on the fourth of the Kalends of September, during the Consulate of Antonius and Syagrius, 382.

4. The Same Emperors to Eusinius, Prastorian Prefect.

As the superintendents of mines in Macedonia, in that part of Dacia situated on the Mediterranean, and in Mysia and Dardania, appointed by the decurions of these provinces to regularly collect what is due to the government from the mines, sometimes abandon their places through pretended fear of the enemy, they shall be returned to the discharge of their duties, and none of them shall hereafter be permitted to fill any other office before they have, with energy and diligence, completed the term for which they were appointed to superintend the mines.

5. The Emperors Valentinian, Theodosii, and Arcadius to Romu-lus, Count of the Imperial Largesses.

Miners pursuing their occupations both in the province of Pontus and in that of Asia shall be compelled to pay seven scruples annually into the Treasury of the Imperial Largesses for every man employed.

Given at Constantinople, on the eleventh of the Kalends of March, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.

6. The Same Emperors to Paternus.

We have learned that certain persons, under the pretext of opening quarries, have made extensive excavations, and by this means caused damage to the foundations of buildings. In cases of this kind, no one shall be given permission to make such excavations, even if marble is said to be situated under the foundations of the buildings.

Given at Constantinople, on the seventeenth of the Kalends of April, during the Consulate of Theodosius, Consul for the third time, and Abundantius, 393.

7. The Emperor Theodosius to Maximin, Count of the Imperial Largesses.

Minors of either sex, who have left the country in which they were born and emigrated to another, should undoubtedly, together with their offspring, be returned without delay to the place of their birth, even though they may have obtained employment in Our Imperial household. Moreover, they are hereby notified that they can, in no way, prejudice the rights of the Treasury, even if any one of them, who proved to be a minor, should have had his name inscribed upon the register of the census.

Given at Constantinople, on the fifth of the Ides of July, during the Consulate of Victor, 424.

TITLE VII.

CONCERNING DYERS OP PURPLE, INMATES AND SUPERINTENDENTS OF THE GYNECEUM, MASTERS OF THE MINT, AND CARRIERS.

1. The Emperor Constantine to the Bithynians.

Masters of the mint should always retain their status, and shall not be released therefrom by the privileges attaching to any dignity whatsoever.

Given on the twelfth of the Kalends of August, during the Consulate of Gallicanus and Bassus, 317.

2. The Same Emperor.

Persons employed in dyeing establishments, and the apartments of women where the manufacture and dyeing of cloths for the use

of the palace are carried on, shall not endeavor to retain such places by intrigue, for fear that the goods manufactured there may, by adulteration, be rendered of inferior value, and if anyone should violate this law he shall be put to death.

3. The Emperors Valentinian and Valens to the Consular, Ger-manus.

Freeborn women, who marry the overseers of gyneceums, in violation of formal warning given to them, and who prefer a disgraceful union of this kind to the nobility of their race, shall be reduced to the condition of their husbands.

Given at Milan, on the fourth of the Kalends of July, during the Consulate of Valentinian and Valens, 365.

4. The Same Emperors to Auxonius, Prsetorian Prefect.

For the present, carriers shall be allowed every fifth animal by way of compensation for transport.

Given at Martianopolis, on the Ides of December, during the Consulate of Valentinian and Valens, 365.

5. The Emperors Valentinian, Valens, and Gratian to Filmatius, Count of the Imperial Largesses.

Those who have been convicted of harboring any woman belonging to a gyneceum shall be subjected to a fine of five pounds of gold.

Given at Cilicia, on the twelfth of the Kalends of September, during the Consulate of Modestus and Arintheus, 372.

6. The Emperors Gratian, Valentinian, and Theodosius to Euche-rius.

Anyone who conceals one of Our slaves, who is a weaver, shall be fined three pounds of gold for every one that he has concealed.

Published at Carthage, on the third of the Kalends of March, after the Consulate of Auxonius and Olybrius, 380.

7. The Same Emperors to Hesperius, Prsetorian Prefect.

We decree that no woman of high rank shall degrade herself by a shameful union with a man employed in the coinage of money. If anyone should violate this law, and does not renounce the connexion which she has formed, but still adheres to the union with the coiner, there is no doubt that she will prejudice both herself and her children, and be reduced to the condition of her companion.

(1) If any woman who is the dependent or vassal of another, without the knowledge of her master, or even with his knowledge, should unite herself with a man engaged in the coinage of money, and her master, having been notified, does not immediately separate these persons, and resume possession of his vassal, he, having tacitly renounced control over her, is hereby notified that he will afterwards have no right to claim her services.

(2) As We are unwilling for a woman of different status to be united with a coiner of money, so We forbid the union of the daughter of a coiner and a man of another condition.

Dated at Aquileia, on the day before the Ides of March, after the Consulate of Auxonius and Olybrius, 380.

8. The Same Emperors to Trifolius, Count of the Imperial Largesses.

By the terms of this law, which is to be perpetual, We decree that carriers shall not be permitted to abandon their employment, or surreptitiously obtain another, before they have discharged the duties of the one to which they belong.

Given at Heraclia, on the ninth of the Kalends of August, during the Consulate of Richomer and Clearchus, 384.

9. The Same Emperors to Principius, Prsetorian Prefect.

If anyone should be so bold as to make use of a ship destined for the collection of shellfish used for dyeing the Imperial purple, he shall be compelled to pay a fine of two pounds of gold.

Given at Aquileia, on the sixth of the Kalends of October, during the Consulship of Arcadius and Bauto, 385.

10. The Emperors Arcadius, Honorius, and Theodosius to Pilo-metor, Count of the Imperial Largesses.

We order that hereafter raw silk, as well as such as has been dyed, shall be reserved for Our exclusive use, and that the officers of the Bureau of Imposts, as well as the incumbents of any office whatsoever, shall be fined twenty pounds of gold if they permit the present law to be rashly violated by anyone.

Given at Constantinople, on the fifth of the Kalends of July, during the Consulate of Arcadius, Consul for the sixth time, and Probus, 406.

11. The Emperor Theodosius and the Csesar Valentinian to Maxi-min, Count of the Imperial Largesses.

Dyers of purple who, after having abandoned and repudiated the duties of their own status, and alleged to have accepted honors and employments forbidden to them, shall be returned to the requirements of their own trade and original condition. Those, however, who, it is evident, have become possessed of the property of persons restricted by their birth to certain occupations, shall be compelled to return said property to its former owners, no matter under what title they may have obtained possession of the same. If, however, those having possession of such property choose to be subjected to the disabilities of a condition inferior to their own, rather than to restore the property, they are hereby notified that they will hereafter be considered members of the profession of those whose property they have acquired, and they are also notified that they will be held strictly accountable for

any balance due from said owners, without being allowed to offer any excuse whatsoever.

Given at Constantinople, on the seventeenth of the Kalends of November, during the Consulate of Victor, 424.

12. The Same Emperor and Csesar to Maximin, Count of the Imperial Largesses.

Children born of the daughter of a dyer of purple, whose father belongs to another condition, are notified that they follow the condition of their mother.

Given on the ninth of the Kalends of- June, during the Consulate of Theodosius, Consul for the eleventh-time, and the Cresar Valentinian, 429.

13. The Emperors Theodosius and Valentinian to Acacius, Count of the Imperial Largesses.

If anyone belonging to the body of superintendents of the gyne-ceums, or to those of the linen weavers, lympharii, masters of the mint, dyers of purple, or any other associations connected with the Imperial Largesses, should hereafter desire to retire from the body to which he belongs, he shall not readily be released and another substituted in his place, but only such persons as you may approve as suitable shall be accepted.

Moreover, he who, through Imperial favor, has been permitted to have his place taken by another, shall entertain no doubt that he and his children, together with all their property, will still remain connected with the body from which they have been permitted to withdraw.

Given at Constantinople, on the seventh of the Kalends of March, during the Consulate of the Emperors Theodosius, Consul for the twelfth time, and Valentinian, Consul for the second time, 426.

14. The Same Emperors.

Those who have been placed in charge of Our private wardrobe and treasury, the chiefs of the weavers and dyers, and all other persons charged with duties of this kind, shall not be permitted to perform them, or to have access to the property of the Imperial Treasury, before furnishing proper security for the administration of their offices; and they are notified that they cannot, hereafter, ask to be excused from furnishing such security.

15. The Same Emperors.

Children, proved to have been descended from a father or mother who are gatherers of the shellfish used for the Imperial purple, must entertain no doubt that they belong to the above-mentioned condition.

Given at Constantinople, on the tenth of the Kalends of April, under the Consulate of Hierius and Ardiburus, 427.

16. This Law is not Authentic.

TITLE Vill.

CONCERNING CLOTHING COMPOSED ENTIRELY OF SILK AND GOLD, AND OP THE DYE OP THE IMPERIAL PURPLE.

1. The Emperors Valentinian and Valens to Archelaus, Count of the Imperial Largesses.

We prohibit men from making or weaving garments composed of silk and gold for private use, as We order that they shall only be made in the gyneceums.

Adopted at Martianopolis, on the fifteenth of the Kalends of August, during the Consulate of our Prince Valentinian and Victor, 369.

2. The Emperors Gratian, Valentinian, and Theodosius to Florus, Praetorian Prefect.

No one shall have clothing woven of wool, linen, and gold, as this is one of the Imperial prerogatives. Anyone who makes use of such forbidden garments, to which he has no right, shall be severely punished.

Given at Constantinople, on the third of the Kalends of April, during the Consulate of Antonius and Syagrius, 382.

3. The Emperors Theodosius, Arcadius, and Honorius.

We do not permit wool to be dyed with any color resembling the Imperial purple, nor do We permit silk to be dyed rose-color, and afterwards with another tint, but there is no reason why white should not be dyed any color whatsoever. Those who violate this law shall suffer the punishment of death.

4. The Emperor Theodosius to Maximin, Count of the Sacred Largesses.

Let all persons of either sex and of every rank, trade, profession, and station, abstain from the possession of clothing expressly reserved for the Emperor and his family, and let no one weave or make silk cloaks and tunics in his own house. Everything dyed with the Imperial purple, without being mixed with any other color, shall be removed from the building where this was done, and all tunics and cloaks which are dyed with the Imperial purple shall be surrendered. No threads dyed with Imperial purple shall hereafter be woven into cloth, and all garments entirely composed of silk shall, in the future, be delivered to Our Treasury; and let no one demand payment for the same, as impunity from violated law will be sufficient compensation.

Again, in order that no one may subsequently incur the penalty of this New Constitution, We decree that he shall be considered guilty of high treason.

Given at Constantinople, on the seventeenth of the Kalends of February, during the Consulate of Victor, 424.

5. The Emperors Theodosius and Valentinian.

We have again, by the provisions of a recent law, forbidden traffic in purple, although it was already prohibited by innumerable constitutions. And We now order that, at a certain time, there shall be sent

to the Phoenician manufacturers the seventh officer of the Bureau of Receipts, the sixth of the Bureau of Imposts, the fifth of the Bureau of Archives, the fourth of the Bureau of the Imperial Wardrobe, and in order that they may not be guilty of fraud, and may exert proper diligence, We decree that they shall be fined twenty pounds of gold
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