Laws
Edited by Rev. Daniel R. Jennings
The Emperors Valentinian, Theodosius, and Arcadius to Tatian, Prætorian Prefect.
Let no woman, unless she has reached the age of fifty years, in accordance with the precept of the apostle, be
admitted to the association of the order of deaconesses.
Given at Milan on the eleventh of the Kalends of July, during the Consulate of Valentinian, Consul for the fourth time,
and Neotherius, 390.
(Codex Justinian, Bk. 1, Tit. 3.9, Concerning Bishops and Other Members of The Clergy, Superintendents of Orphan
Asylums, Of Hospitals and of Charitable Foundations, Monasteries of Ascetics and Monks and Their Privileges;
Castrense Peculium; The Redemption of Captives; and Forbidden or Permitted Marriages of Ecclesiastics.)
The Emperors Arcadius and Honorius to Theodore, Prætorian Prefect.
If anyone should be guilty of the sacrilege of forcing his way into a Catholic Church, or doing any injury to the priests
and ministers, to the service, or to the place itself, he shall be punished by the provincial authorities, so that the
head of the priests of the province and of the ministers of the Catholic Church may know that the culprit has received
a capital sentence, whether he has been convicted, or confessed that he was guilty of committing an offence against
the place itself, or the worship of God, without waiting for the bishop to demand punishment for the injury inflicted
upon him, as his sanctity does not allow him to take notice of it; and it shall be praiseworthy for all persons to
prosecute any atrocious injuries committed against priests or ministers of religion as public crimes, and their
perpetrators as deserving of punishment. If the number of those guilty of violence is so great that they cannot be
arrested by the civil authorities, with the assistance of the people, for the reason that they defend
themselves by arms, or are protected by the difficulty of access to the place, the Governors of the provinces shall
not hesitate to call for military assistance by public proclamation, and inflict suitable punishment for an offence of this
description.
Given at Milan, on the seventh of the Kalends of May, during the Consulate of Honorius, Consul for the third time,
and Eutychianus, 398.
(Codex Justinian, Bk. 1, Tit. 3.10, Concerning Bishops and Other Members of The Clergy, Superintendents of
Orphan Asylums, Of Hospitals and of Charitable Foundations, Monasteries of Ascetics and Monks and Their
Privileges; Castrense Peculium; The Redemption of Captives; and Forbidden or Permitted Marriages of
Ecclesiastics.)
The Same to Eutychianus, Prætorian Prefect.
In churches which are in the possession of different persons (as is customary), or which have been established in
villages or any other places whatsoever, members of the clergy are not ordained who belong to any other parish or
village than that where the church is situated, so that they may assume the burden and responsibility of their own
establishment; and only a certain number of the clergy can be ordained by the bishop, according to the size and
means of each parish.
Given on the third of the Kalends of August, during the Consulate of Honorius, Consul for the fourth time, and
Eutychianus, 398.
(Codex Justinian, Bk. 1, Tit. 3.11, Concerning Bishops and Other Members of The Clergy, Superintendents of
Orphan Asylums, Of Hospitals and of Charitable Foundations, Monasteries of Ascetics and Monks and Their
Privileges; Castrense Peculium; The Redemption of Captives; and Forbidden or Permitted Marriages of
Ecclesiastics.)
The Same to Eutychianus, Prætorian Prefect.
When any member of a curia receives holy orders, and, after having been warned, is not returned to his former
condition, he can immediately be reduced to it by the power and authority of the judges, through the employment of
force; for we do not permit the clergy to profit by the former law which did not forbid decurions to become
ecclesiastics, provided they had given up their property.
Given on the sixth of the Kalends of August, during the Consulate of Honorius, Consul for the fourth time, and
Eutychianus, 398.
(Codex Justinian, Bk. 1, Tit. 3.12, Concerning Bishops and Other Members of The Clergy, Superintendents of
Orphan Asylums, Of Hospitals and of Charitable Foundations, Monasteries of Ascetics and Monks and Their
Privileges; Castrense Peculium; The Redemption of Captives; and Forbidden or Permitted Marriages of
Ecclesiastics.)
The Same to Fidianus, Vicegerent.
If the privileges of a holy church have been violated by the rashness of simulated ignorance of anyone, he shall be
punished with a fine of five pounds of gold.
(Codex Justinian, Bk. 1, Tit. 3.13, Concerning Bishops and Other Members of The Clergy, Superintendents of
Orphan Asylums, Of Hospitals and of Charitable Foundations, Monasteries of Ascetics and Monks and Their
Privileges; Castrense Peculium; The Redemption of Captives; and Forbidden or Permitted Marriages of
Ecclesiastics.)
The Emperors Valentinian, Theodosius and Arcadius, to Neotherius, Prætorian
Prefect.
Let no one hereafter expect other decrees from Our Majesty, but the judges must execute what We are in the habit
of granting. Thus when the first day of Easter arrives, let no prison have an occupant, and let the chains of all be
broken, but We except those persons by whom the common joy and rejoicing may be contaminated, and if such are
released, We shall punish those who do so; for who will pardon a sacrilegious person upon a holy day? Who can
remain ignorant of the crime of an adulterer, or of a person guilty of fornication or incest, when chastity is generally
practiced? Who will not vehemently pursue the ravisher of a virgin during a time of general repose and common
rejoicing? Let no one obtain release from his chains who, by an act of criminal atrocity, did not leave the dead in
peace. Let the poisoner, the malefactor, the adulterer, and the counterfeiter be subjected to torture, and a homicide
or parricide always expect the fate which he has caused; and let the traitor not hope that the offence which he has
plotted against his master will be pardoned.
We, therefore, limit the number of those who can profit by Our indulgence, so that they will not have remission of
their penalties, except where they have committed an offence for the first time; nor does the grace of Our august
liberality extend to those who, having received immunity for a former offence, do not think of reform, but rather of
repeating what they have done.
Given, on the Kalends of May, during the Consulship of Arcadius and Bauto.
(Codex Justinian, Bk.1, Tit. 4.3, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prætorian Prefect.
Female comedians, and women who make a living by the exhibition of their bodies, shall not assume the habit of
virgins dedicated to God.
(Codex Justinian, Bk.1, Tit. 4.5, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Emperors Arcadius and Honorius to Gennadius, Augustal Prætorian Prefect.
Only Christians can be appointed superintendents of revenue, and of the tillage of lands, and it is a part of your duty
to see that this law is executed.
Given at Constantinople, on the Nones of February, during the Consulate of Arcadius, Consul for the fourth time,
and Honorius, Consul for the third time.
(Codex Justinian, Bk.1, Tit. 4.6, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Same to Eutychianus.
No clerk, monk, or any of those called synodites shall, by the use of force or usurpation, be permitted to claim or hold
any offenders condemned on account of the enormity of their crimes. Moreover, let no one hold or defend any
persons who are being taken to the place of punishment, after having been sentenced; and he who has jurisdiction
of the case, as well as other persons high in authority, are hereby notified that they will be liable to a fine of thirty
pounds of gold, and the punishment of death, if such an unlawful act is not punished; but if the audacity of clerks or
monks is so great that it is thought preferable to make war rather than to render judgment, let the guilty parties be
brought before Us, in order that the most severe vengeance may be inflicted according to Our will. The bishops will
be to blame (as in other cases), if they are aware that anything which We have forbidden by this law has been
committed by monks in that part of the country in which they themselves govern the people, under the doctrines of
the Christian religion, and do not punish it; and in criminal cases, through considerations of humanity, We do not
deny such persons the opportunity of taking an appeal, if time permits.
Given on the sixth of the Kalends of August, during the Consulate of the Emperor Honorius, Consul for the fourth
time, and Eutychianus.
(Codex Justinian, Bk.1, Tit. 4.7, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Same Emperors to Eutychianus, Prætorian Prefect.
If, by common consent, any persons should desire to institute proceedings before the bishop of the Sacred Law, they
shall not be forbidden to do so; but such proceedings shall only be instituted in civil matters before an arbiter who
voluntarily presides, and a decision of
the bishop cannot and should not prejudice those who have been summoned to the trial, instead of having
voluntarily appeared.
Given at Milan on the sixth of the Kalends of August, during the Consulate of the Emperor Honorius, Consul for the
fourth time, and Eutychianus.
(Codex Justinian, Bk.1, Tit. 4.8, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Emperors Arcadius, Honorius, and Theodosius, to Theodore, Prætorian Prefect.
We order that the decision of a bishop shall be accepted by all those who have chosen to be heard by ecclesiastics,
and that the same respect shall be paid to his judgment as should be shown to your tribunal, from which an appeal is
not allowed. When the case has been decided, execution shall be ordered by the judges, in order that the inquiry by
the bishop may not be without effect.
Given on the Ides of December, during the Consulate of Bassus and Philip.
(Codex Justinian, Bk.1, Tit. 4.9, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Emperors Arcadius and Honorius to Clearchus, Prefect of the City.
Let all heretics know positively that their places of assembly shall be taken from them, whether these are designated
under the name of churches, or are called deaconates, or deaneries, or whether meetings of this kind are held in
private houses; for all such private places or buildings shall be claimed by the Catholic Church.
(1) All persons are accordingly forbidden to assemble by day or night, in profane assemblies, for the purpose of
conducting alleged religious services; and where anything of this kind is permitted to be done either in a public or a
private house, the official who allows it, if he is the Prefect of the City, shall be fined a hundred pounds of gold, or if
he is the Governor, shall be fined fifty pounds of gold.
Given on the fifth of the Nones of March, during the Consulate of Arcadius, Consul for the fourth time, and Honorius,
Consul for the third time, 396.
(Codex Justinian, Bk.1, Tit. 5.3, Concerning Heretics, Manicheans, and Samaritans.)
The Same Emperors and Theodosius to Senator, Prefect of the City.
We pursue, with exemplary severity, Manicheans of both sexes, and Donatists. Therefore, they have nothing in
common with the human race, so far as either customs or laws are concerned.
(1) We desire, in the first place, that their offence should be classed as a public crime, because whatever is
committed against the divine religion is productive of injury to all persons.
(2) We punish them by the confiscation of all their property, and We wish them to be excluded from obtaining any gift
or inheritance of any description whatsoever.
(3) In addition to this, We deprive anyone found guilty of these heresies of the power of giving, purchasing, selling,
and finally, of making any contracts.
(4) An investigation of this kind shall also extend beyond death, for, as it is permitted to denounce the memory of the
deceased in case of treason, it is not unreasonable that a heretic should undergo the same sentence.
(5) Therefore, the last will of a person convicted of having been a Manichean, whether it is manifested by a
testament, a codicil, a letter, or in any other way whatsoever, shall be void.
(6) We do not permit their children to succeed them as heirs, or to enter upon their estates, unless they abandon the
perverseness of their fathers, for We pardon those who repent.
(7) Our authority is also directed against those who, with solicitude worthy of condemnation, harbor them in their
houses.
(8) We desire, moreover, that slaves should be free who, escaping from a sacrilegious master, pass with more
faithful service into the Catholic church.
Given at Rome, on the eighth of the Kalends of March, during the Consulate of Honorius, Consul for the seventh
time, and Theodosius, Consul for the second time, 407.
(Codex Justinian, Bk.1, Tit. 5.4, Concerning Heretics, Manicheans, and Samaritans.)
The Emperors Theodosius, Valentinian, and Arcadius to Flavian, Prætorian Prefect.
Those who have betrayed the Holy Faith, and have profaned the sacred rite of baptism by heretical superstition,
shall be separated from association with all other persons, and shall not have the right to testify against anyone, or
to make a will (as We have already decreed), nor shall they succeed to estates or be appointed heirs.
We would have also ordered them to be cast out and sent away to a distance, if it had not seemed to be a great
punishment for them to live among men, and be deprived of intercourse with them. But they shall never be restored
to their former condition, nor shall their crime be effaced by repentance, or their guilt removed by the shade of a
skillful defence or excuse; as those who pollute the faith which they had consecrated to God, and, betraying the
Divine mysteries, have adopted profane ones, cannot defend what is false and artificial. Assistance is given to those
who have fallen and wandered, but no aid will be accorded to those who are lost; that is to say, those who profane
the sacred rite of baptism, for they will find no remedy in repentance which usually is beneficial in other crimes.
Given on the fifth of the Ides of May, during the Consulate of Titianus and Symmachus, 391.
(Codex Justinian, Bk.1, Tit. 7.3, Concerning Apostates)
The Emperors Valentinian, Theodosius, and Arcadius to Cynegius, Prætorian
Prefect.
No Jew shall marry a Christian woman, nor shall any Christian man marry a Jewess; for if anyone should be guilty of
an act of this kind, he will be liable for having committed the crime of adultery, and permission is hereby granted to all
persons to accuse him.
Given at Thessalonica, on the day before the Ides of March, during the Consulate of the Emperor Theodosius,
Consul for the second time, and Cynegius, 388.
(Codex Justinian, Bk.1, Tit. 9.5, Concerning Jews And The Worshippers Of The Heavens)
The Emperors Theodosius, Arcadius, and Honorius to Infantius, Count of the East.
No Jew shall retain the customs of his race relating to marriage; nor shall he marry in accordance with his religion;
nor shall he contract several marriages at the same time.
Given on the third of the Kalends of January, during the Consulate of the Emperor Theodosius, Consul for the third
time, and Habundantius, 393.
(Codex Justinian, Bk.1, Tit. 9.6, Concerning Jews And The Worshippers Of The Heavens)
The Emperors Arcadius and Honorius to Eutychianus.
Jews who live under the common Roman law shall appear in court according to the usual custom, not only in those
cases which relate to their own superstition, but also in such as have reference to the bar, the laws, and the rights of
the people, and they shall bring and defend all actions in accordance with the Roman laws. If, however, any of them
should, by common consent, prefer to have a case heard by Jews as arbiters, provided the action is a civil one, they
are not forbidden by the public law to avail themselves of their award. The judges shall cause their decisions to be
executed, just as if they had been rendered by arbiters having jurisdiction.
Given on the sixth of the Nones of February, during the Consulate of the Emperor Honorius, Consul for the fourth
time, and Eutychianus, 298.
(Codex Justinian, Bk.1, Tit. 9.7, Concerning Jews And The Worshippers Of The Heavens)
The Same Emperors to the Jews.
No person who does not acknowledge the religion of the Jews shall establish a price at which they shall sell their
merchandise, for it is but just that this should be left to each one of them; therefore the Governors of provinces shall
not permit any of you to fix or regulate the price at which your goods shall be sold. If anyone, except your chiefs,
should venture to take upon himself to do this, let them hasten to punish him as one desirous of appropriating the
property of others.
Given at Constantinople, on the third of the Kalends of March, during the Consulate of the Emperors Arcadius,
Consul for the fourth time, and Honorius, Consul for the third time, 396.
(Codex Justinian, Bk.1, Tit. 9.8, Concerning Jews And The Worshippers Of The Heavens)
The Same Emperors and the Emperor Theodosius, to Eutychianus, Prætorian
Prefect.
Any Jews who are proved to be subject to a curia can be delivered up to the latter.
Given on the third of the Kalends of January, during the Consulate of the Emperor Theodosius and Rumoridius, 403.
(Codex Justinian, Bk.1, Tit. 9.9, Concerning Jews And The Worshippers Of The Heavens)
The Emperors Arcadius and Honorius to Macrobius, Prætorian Prefect and
Proclianus Deputy.
While We prohibit sacrifices in the temples, still We desire that the ornaments of all public works shall be preserved.
Hence, in order that those who attempt to destroy them may not be supported by any authority, if any rescript or law
should be produced by them, the document shall be taken from their hands and brought to Us.
Given at Ravenna, on the thirteenth of the Kalends of February, during the Consulate of Theodosius, 399.
(Codex Justinian, Bk.1, Tit. 11.3, Concerning The Pagans, Their Sacrifices, And Their Temples)
The Same Emperors to Apollodorus, Proconsul of Africa.
As we have already abolished profane rites by a salutary law, We do not permit the common joy of all to be
destroyed by abolishing the festive assemblies of the citizens; wherefore, We decree that the pleasures and convivial
festivals of the people shall be conducted in accordance with the ancient customs, when the public wishes demand it,
but that no sacrifices shall be offered, and no damnable superstition be observed.
Given on the thirteenth of the Kalends of September, during the Consulate of Paravius and Theodosius, 399.
(Codex Justinian, Bk.1, Tit. 11.4, Concerning The Pagans, Their Sacrifices, And Their Temples)
The Emperors Arcadius and Honorius to Archelaus, Augustal Prefect.
Jews who are accused of any offence, or who are oppressed with debt, and pretend that they desire to unite with the
Christian religion, and flee to churches in order to avoid the consequences of their crimes, or the payment of their
debts, shall be prevented from doing so, and shall not be received there before they have paid all their debts, or
have been discharged after their innocence has been established.
Given at Constantinople, on the fifteenth of the Kalends of July, during the Consulate of Cæsarius and Atticus, 397.
(Codex Justinian, Bk.1, Tit. 12.1, Concerning Those Who Take Refuge In Churches; Or Who Cry Out While There;
And Let No One Remove Them From There)
The Emperors Valentinian, Theodosius, and Arcadius to Flavian, Prætorian Prefect.
We do not permit anyone to be, or pretend to be, ignorant of the Imperial Constitutions.
Given on the third of the Kalends of July, during the Consulate of Tatianus and Symmachus, 391.
(Codex Justinian, Bk.1, Tit. 18.12, Concerning Ignorance Of Law And Of Fact)
The Emperors Arcadius and Honorius to Remigius, Prætorian Prefect.
There is no doubt that issue is understood to be joined in a case, even after a petition has been presented to Us,
and that it also affects the heir of him against whom it was directed, as well as the heir of him who presented it.
Given on the twelfth of the Kalends of April, during the Consulate of Arcadius and Honorius, Consuls for the fifth
time, 396.
(Codex Justinian, Bk.1, Tit. 20.1, When A Petition To The Emperor Causes A Joinder Of Issue)
The Emperors Valentinian, Theodosius, and Arcadius to Nicentius, Prætorian
Prefect of Subsistence.
To oppose Divine Rescripts promulgated for the benefit of some administration or office, resembles sacrilege.
Given at Milan on the Kalends of February, during the Consulate of Arcadius and Bauto, 385.
(Codex Justinian, Bk.1, Tit. 23.5, Concerning Different Rescripts And Pragmatic Sanctions)
The Emperors Arcadius and Honorius to Theodore, Prætorian Prefect.
Where any judge is ascertained to have permitted a statue of brass, silver, or marble to be erected to him during his
term of office, without the permission of the Emperor, he is hereby notified that he must pay into our Treasury a fine
of quadruple the amount of all the emoluments which he has received while in the office which he has polluted with
his extortions or insolence, and shall also suffer the penalty of loss of reputation. For We do not wish those persons
to be immune from the risk of infamy who, with the desire of flattery, or through the fear of being considered slothful,
have attempted to perform acts which are prohibited.
Given at Milan on the twelfth of the Kalends of January, during the Consulate of Honorius, Consul for the fourth time,
and Eutychianus, 398.
(Codex Justinian, Bk.1, Tit. 24.1, Concerning Statues And Pictures)
The Emperors Theodosius, Valentinian, and Arcadius to Cynegius, Prætorian
Prefect.Where those who flee for refuge to the statues of the Emperor, either through fear of others, or for the
purpose of arousing hatred against them, if they have good reason for doing so, they shall be judged according to
equity, and the laws; but, if they are proved to have intended by artifice to excite animosity against their enemies, an
avenging sentence should be pronounced against them.
Given at Constantinople, on the day before the Nones of July, during the Consulate of Our Emperor Honorius, and of
Evodius, 386.
(Codex Justinian, Bk.1, Tit. 25.1, Concerning Those Who Take Refuge At The Statues Of The Emperor)
The Emperors Valentinian, Theodosius, and Arcadius to Titian, Prætorian Prefect.
If Your Excellency should ascertain that any judges, on account of long-continued illness, negligence, theft, or some
other vice of this kind, should not retain their office, after having removed them, and appointed others in their stead,
and imposed upon them the penalties of the law prescribed for theft, they shall be sent to Us, not to be punished for
their crime, but that vengeance may be inflicted upon them.
Given on the fifth of the Ides of December, during the Consulate of Arcadius and Bauto, 385.
(Codex Justinian, Bk.1, Tit. 26.3, Concerning The Office Of Praetorian Prefect Of The East And Illyria)
The Emperors Valentinian, Theodosius, and Arcadius to Addeus, Count, and
Commander of Both Armies.
The illustrious prefecture always has jurisdiction over an ordinary judge, even though he may have been guilty of
injustice toward a military man.
Given at Constantinople, on the day before the Kalends of January, during the Consulate of Theodosius, Consul for
the third time, and Habundantius, 393.
(Codex Justinian, Bk.1, Tit. 26.4, Concerning The Office Of Praetorian Prefect Of The East And Illyria)
The Emperors Arcadius, Honorius, and Theodosius to Anthemius, Prætorian Prefect.
Where any persons are hereafter oppressed with unjust burdens, and think they should have recourse to petitions,
either on account of matters relating to navigation, or the transportation of merchandise, all rescripts which may be
issued with reference to matters of this kind must be addressed to your eminent tribunal.
Given on the Ides of December, during the Consulate of Stilicho, Consul for the second time, and Anthemius, 404.
(Codex Justinian, Bk.1, Tit. 26.5, Concerning The Office Of Praetorian Prefect Of The East And Illyria)
The Emperors Valentinian, Theodosius, and Arcadius to Severinus, Count of the
Sacred Largesses.
Know that every kind of corporate body which exists in the City of Constantinople, and all the citizens and populace,
are subject to the jurisdiction of the Urban Prefecture.
(Codex Justinian, Bk.1, Tit. 28.4, Concerning The Duties Of The Prefect Of The City)
The Emperors Valentinian, Arcadius, and Theodosius, to Patricius, Master of the
Offices.
No one belonging to the class of Public Business Agents shall violate the rules prescribed for promotion in the civil or
military service, even though he may have fraudulently obtained Our authority to do so; and if anyone should be
proved to have been guilty of conduct of this kind, he shall be degraded to the position from which he was illegally
promoted, so that he who is entitled to preference, either through his services or his labors, may be advanced in
rank.
(Codex Justinian, Bk.1, Tit. 31.2, Concerning The Duties Of Master Of The Offices)
The Emperors Arcadius and Honorius to Count Limenius.
The principal duty of the Palatines is at their own risk to give Us information of the negligence of judges through the
notaries designated for that purpose, so that, if the case demands it, their failure to perform their duty may not go
unpunished.
(1) It is also proper for them to report the names of judges who pay more attention to their own business than to the
public welfare; and they are hereby notified that, every four months, they must send reports to the office of the
Palatines, and that any money collected by them must be forwarded without delay to the Treasury of the Sacred
Largesses.
Given on the third of the Kalends of May, during the Consulate of Honorius, Consul for the seventh time, and
Theodosius, Consul for the second time, 407.
(Codex Justinian, Bk.1, Tit. 32.1, Concerning The Duties Of Count Of The Sacred Largesses)
The Emperors Arcadius and Honorius to Minervius, Count of the Palace.
The duty of collecting what is due to Us, as well as any revenue from perpetual leases, that is to say, from
emphyteutical contracts, belongs to the Palatines.
Given at Milan, on the Kalends of January, during the Consulate of Cæsarius and Atticus.
(Codex Justinian, Bk.1, Tit. 34.1, Concerning The Duties Of Count Of The Imperial Palace)
The Emperors Arcadius and Honorius to Ursatius, Count of Private Affairs.
If any illustrious judge, or Prefect of the City, thinking that he had jurisdiction of some matter which belongs to the
Department of
Private Affairs, should claim it for himself, or if he should resist any decision of the tribunal aforesaid, his office shall
be liable to the penalty of fifty pounds of gold, which must be collected without delay, and paid into Our Treasury.
Given at Ravenna, on the sixth of the Ides of August, during the Consulate of Constantius and Constantine, 397.
(Codex Justinian, Bk.1, Tit. 34.2, Concerning The Duties Of Count Of The Imperial Palace)
The Emperors Valentinian, Theodosius, and Arcadius to Florentius, Augustal Prefect.
We order that all tributes due by the Department of Egypt shall be committed by yourself to the collection of the
governors of those provinces. If any possessors of property, whether they are soldiers or not, shall dare to refuse to
pay what is due, We order that they shall be compelled to do so by the aid of military force, if the case demands it.
(Codex Justinian, Bk.1, Tit. 38.1, Concerning The Office Of Augustal Prefect)
The Emperors Theodosius, Arcadius, and Honorius to Rufinus, Prætorian Prefect.
The Augustal Prætorian Prefect shall have power to inquire into any crimes committed by judges under his
jurisdiction, and to make reports with reference to them, but he shall not have power to remove them from office or
punish them.
(Codex Justinian, Bk.1, Tit. 38.2, Concerning The Office Of Augustal Prefect)
The Emperors Valentinian, Theodosius, and Arcadius to Synegius, Prætorian
Prefect.
When anyone invested with ordinary authority is guilty of any wrong, under the pretext that he should be transferred,
he shall be compelled to remain in the province, and make good out of his own property, and at the expense of his
reputation and fortune, the injuries which he has committed.
Given at Constantinople, on the seventh of the Kalends of June, during the Consulate of the Most Noble Youth
Honorius, and Evodius, 396.
(Codex Justinian, Bk. 1, Tit. 41.7, Concerning The Duties Of The Governor Of A Province)
The Emperors Valentinian, Theodosius, and Arcadius to Cynegius, Prætorian
Prefect.
Let no judge think that he has the right to appoint in his province anyone attached to the prefecture, the palace, or
the army, or who may have previously held offices of this kind, a surety or an attorney to represent a litigant in some
private or public matter; for he who does so will commit an offence against Our authority, and will not only be
subjected to the loss of reputation, but also to the impairment of his estate.
Given at Constantinople, on the Nones of August, during the Consulate of our Emperor Honorius and Evodius, 395.
(Codex Justinian, Bk. 1, Tit. 41.8, Concerning The Duties Of The Governor Of A Province)
The Emperors Valentinian, Theodosius, and Arcadius to Polemius, Prætorian
Prefect.
Let no Governor of a province presume to come to this most August City without Our order, for if anyone should be
proved to have done so contrary to the provisions of Our decree, he shall be punished with a suitable penalty.
Given at Milan, on the tenth of the Kalends of January, after the Consulate of Timasius and Promotus, 390.
(Codex Justinian, Bk. 1, Tit. 41.9, Concerning The Duties Of The Governor Of A Province)
The Emperors Arcadius and Honorius to Limenius, Count of the Sacred Largesses.
We desire that no commerce should exist with the Palatines who are subject to your order, and the people of the
province; but the judges should know that they are especially required to demand and collect the usual taxes from
the latter; and the possessor of property should not be prejudiced against the Palatine who is instructed to warn him,
not for himself, but as the representative of the judges and their officers.
Given on the sixth of the Kalends of April.
(Codex Justinian, Bk. 1, Tit. 41.10, Concerning The Duties Of The Governor Of A Province)
The Emperors Arcadius, Honorius, and Theodosius to Theodore, Prætorian Prefect.
We order that the Governors of provinces shall see that the agents of powerful persons are not guilty of anything
wrong or unjust.
Given at Ravenna, on the sixth of the Kalends of December, during the Consulate of Bassus and Philip, 408.
(Codex Justinian, Bk. 1, Tit. 41.11, Concerning The Duties Of The Governor Of A Province)
The Emperors Theodosius and Arcadius to Nephridius, Prefect of the Watch.
The prefects of the watch of this City ought not to decide capital cases by their own authority, but if anything of this
kind should arise, they must refer it to your tribunal, so that judgment may be rendered by you in the
above-mentioned cases.
(Codex Justinian, Bk. 1, Tit. 44.1, Concerning The Office Of The Prefect Of The Watch)
The Emperors Arcadius, Honorius, and Theodosius to Curtius, Prætorian Prefect.
Advocates who are known to have charge of cases shall not be permitted to remain with the judges during the hours,
or at the times when the merits or the facts of the said cases are examined by them.
Given at Ravenna, on the third of the Nones of February, during the Consulate of Bassus and Philip, 408.
(Codex Justinian, Bk. 1, Tit. 45.1, Concerning The Duties Of Civil Judges)
The Emperors Valentinian, Theodosius and Arcadius to the Commanders and
Counts of both Corps of the Army.
Neither military defence nor execution shall, under any circumstances, ever be employed in the affairs of private
persons.
Given at Constantinople, on the day before the Ides of February, during the Consulate of Theodosius, Consul for the
third time, and Abundantius, 393.
(Codex Justinian, Bk. 1, Tit. 46.1, Concerning The Duties Of Military Judges)
The Emperors Arcadius, Honorius, and Theodosius to Anthemius, Prætorian Prefect.
We order that no inconvenience shall be caused to either the curiæ or the cities, and that no private bath shall be
furnished by them for the use of tribunes or any other military officers, and that no additional compensation shall be
granted on this account. For We confer this privilege only upon distinguished counts and generals of the army (if
they desire it), and We order that those who violate this law shall have a penalty of double damages imposed upon
them.
Given on the fifth of the Kalends of December, during the Con- . sulate of Arcadius, Consul for the fifth time, and
Probus, 406.
(Codex Justinian, Bk. 1, Tit. 47.1, Baths Shall Not Be Furnished To Military Counts Or Tribunes)
The Emperors Valentinian, Theodosius, and Arcadius to Principius, Urban Prefect.
All judges are hereby notified that honor should be paid to persons of exalted rank, and to such of these as are
sometimes brought into court, nor shall they presume to style them brothers in their official documents; and the
subordinate officials charged with this duty shall be fined if they violate the law.
Given on the Ides of February, during the Consulate of Richomer and Clearchus, 324.
(Codex Justinian, Bk. 1, Tit. 48.2, Concerning The Duties Of Various Judges)
The Same to Constantius, Prætorian Prefect of the Gauls.
Let all generals, trumpeters, commanding officers, and judges know that they will be condemned to a fine of three
pounds of gold, to be collected out of their property, if entrance to the private office of judges is refused those
eminent personages who have the right of admission to Our Council Chamber; or the respect due to them is not
shown in saluting them; or the privilege of sitting with the judges is denied them.
Given on the fifth of the Ides of November, during the Consulate of Trimasius and Promotus, 389.
(Codex Justinian, Bk. 1, Tit. 48.3, Concerning The Duties Of Various Judges)
The Emperors Arcadius and Honorius to Messala, Prætorian Prefect.
We order that counsellors of judges, chancellors, and those who perform the duties of attendants, shall remain for
the term of fifty days in the province, after their term of office has expired. If any one of these, having been accused,
should take to flight, he will be considered to have confessed, and We order that he shall restore fourfold the sum
which he is said to have appropriated, so that the person who has been robbed may receive double the amount, and
our Treasury the same.
Given at Milan on the sixth of the Kalends of January, during the Consulate of Theodosius and Rumoridius, 403.
(Codex Justinian, Bk. 1, Tit. 51.3, Concerning Assessors, Attendants And The Chancellors Of Judges)
The Emperors Arcadius, Honorius and Theodosius to Cælicianus, Vicegerent.
A court bailiff is not permitted to transact public business, and if he should be convicted of having meddled with it, he
must immediately be examined by the Governor, in order that he may inflict suitable punishment upon him.
Given on the sixth of the Ides of April, during the Consulate of Honorius, Consul for the sixth time, and Aristenetus,
404.
(Codex Justinian, Bk. 1, Tit. 51.4, Concerning Assessors, Attendants And The Chancellors Of Judges)
The Emperors Valentinian, Theodosius, and Arcadius to Prætextatus, Prætorian
Prefect.
There is no one who does not know that the exact amount of fines received must be turned over to Our Treasury;
unless the judge has specially allotted the fine paid for the commission of an offence, either to the public works, the
public race-course, or to other necessary objects.
Given on the fifth of the Ides of September, during the Consulate of Richomer and Clearchus, 384.
(Codex Justinian, Bk. 1, Tit. 54.5, Concerning The Manner In Which Fines Shall Be Imposed By Judges)
The Emperors Arcadius and Honorius to Messala, Prætorian Prefect.
We do not allow the ordinary Governors of provinces to impose a fine of more than two ounces of gold upon such
persons as have rendered themselves liable to a pecuniary penalty.
(1) Where a fine is prescribed, the Proconsul shall have authority to impose one of six ounces of gold, and this rule
also applies to the Count of the East, as well as to the Augustal Prefect.
(2) Other judges, and those who have undertaken the administration of military affairs in Our stead, are notified that
they are refused permission to impose a fine of more than three ounces of gold.
(3) We decree that it shall be observed by judges that, when the repetition of an offence demands it, the same
person may be fined three times during the same year, in accordance with the above-established scale.
(4) If any one should exceed the amounts above mentioned, he shall be condemned to twofold restitution, and shall
be required to pay into Our Treasury the sum which he imposed under the name of a fine.
(5) Those who have been convicted of peculation or robbery, that is to say, of depredation, corruption, or other
crimes which ought to be punished with exemplary severity, must not think that they are entitled to the moderate
penalties of the present law. Sentence shall always be passed by the above-mentioned judges, after having been
committed to writing, and at the expense of the party against whom it is directed.
(6) Nor shall they think that they have a right to condemn anyone not guilty of a serious offence with too great
readiness, or precipitation; or that what they have ordered can be changed by the mere will of the judge, unless the
poverty of the person who has been convicted induces him to do so.
Given on the twelfth of the Kalends of September, during the Consulate of Theodosius, Consul for the second time,
and Cynegius, 388.
(Codex Justinian, Bk. 1, Tit. 54.6, Concerning The Manner In Which Fines Shall Be Imposed By Judges)
The Emperors Valentinian, Arcadius, and Theodosius, to Potamius, Augustal Prefect.
Defenders shall claim nothing for themselves in an insolent manner, nor anything to which they are not entitled, and
they can only discharge the duties of their office in their own names; they cannot inflict penalties or severe torture;
and they must protect the people as well as the decurions from the insolence and rashness of wicked persons, so
that they may not fail to be what their name implies.
Given at Constantinople, on the third of the Nones of March, during the second Consulate of Arcadius and Rufinus,
332.
(Codex Justinian, Bk. 1, Tit. 55.5, Concerning The Defenders Of Cities)
The Emperors Valentinian, Arcadius, and Theodosius to Tatian, Prætorian Prefect.
Defenders of well-approved and resolute character shall be appointed in all those regions in which the ferocious and
reckless madness of robbers is displayed; and they must exercise supervision over all daily occurrences, and not
permit crimes to go unpunished, but remove all persons who, by favoring criminals, and by affording encouragement
to wicked persons, permit offences to be perpetrated.
Given on the fifth of the Ides of April, during the Consulate of Arcadius, Consul for the second time, and Rufinus, 392.
(Codex Justinian, Bk. 1, Tit. 54.6, Concerning The Manner In Which Fines Shall Be Imposed By Judges)