Laws
Edited By Daniel R. Jennings
The Emperors Valentinian, Valens, and Gratian to Cataphronius.
We order that priests, deacons, sub-deacons, exorcists, altar attendants, and acolytes shall be exempt from personal
employments.
Given the third of the Nones of March, during the Consulate of Gratian, Consul for the third time, and Merobaudus,
377.
(Codex Justinian, Bk. 1, Tit. 3.6, 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 and Valens to Julianus, Count of the East.
Even when merchants belong to Our Palace, they must not appear to violate the laws of trade, and Christian bishops
who prefer the true faith must provide for the assistance of the poor and of those who are reduced to necessity.
Given at Constantinople, on the fifteenth of the Kalends of March, during the Consulate of Valentinian and Valens.
(Codex Justinian, Bk.1, Tit. 4.1, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Same, to Claudius, Prætorian Prefect.
If a clerk should have recourse to an appeal for the purpose of causing fruitless delay, before final judgment has
been rendered in a case, he shall be compelled to pay a fine of fifty pounds of silver, which the general law imposes
upon appellants of this description. We do not wish this fine to be paid into Our Treasury, but faithfully to be
expended for the benefit of the poor.
Given on the sixth of the Ides of July, under the Consulate of Our Emperor Valentinian, and Victor.
(Codex Justinian, Bk.1, Tit. 4.2, Concerning The Episcopal Tribunal and the Different Characters Which Relate To
Pontifical Supervision.)
The Emperors Valentinian, Valens, and Gratian to Florian, Lieutenant of Asia.
We think that a bishop who, by unlawful usurpation, has repeated the sacred rite of baptism, is unworthy of the
priesthood; for We condemn the error of those who, trampling under foot the precepts of the Apostles, do not purify
those who have obtained the sacraments of the Christian denomination by a second baptism, but defile and pollute
them under the pretext of cleansing them.
Given at Constantinople, on the sixteenth of the Kalends of November, during the Consulate of Gratian, Consul for
the fourth time, and Merobaudus, 377.
(Codex Justinian, Bk.1, Tit. 6.1, To Avoid the Repetition of Baptism.)
The Emperors Valentinian and Valens to Remigius, Master of the Offices.
It is proper for you to order that soldiers who are lodged in the synagogue of the Jews, as in the house of a private
person, shall leave it, for it is not reasonable that they should be quartered in religious places.
Given on the day before the Nones of March, during the Consulate of the Emperors Valentinian and Valens, 365.
(Codex Justinian, Bk.1, Tit. 9.3, Concerning Jews And The Worshippers Of The Heavens)
The Emperors Valentinian and Valens to Volusianus, Prætorian Prefect.
When anyone has presented a petition against the decisions of the Prætorian Prefect, and has failed to have it
received, he shall not have permission to again present a petition for the same purpose.
Given at Rome, on the fifth of the Kalends of October, during the Consulate of Valentinian and Valens, 365.
(Codex Justinian, Bk. 1, Tit. 19.5, Concerning The Presentations Of Petitions To The Emperor, And What Things
May Be Asked For And What May Not)
The Emperors Valentinian and Valens to Volusianus, Urban Prefect.
Desiring to firmly establish the condition of the City, and the distribution of provisions, it has occurred to Us that this
duty should not be entrusted to everyone; and in order that the Prefecture of the City may not think that any of its
functions have been abrogated, if the entire obligation of providing for subsistence should be taken from it, We direct
that it shall all be committed to the supervision of the prefecture; not in such a way, however, that the office of the
Prefecture of Subsistence may lie dormant, but that the two offices may have charge of the distribution of provisions,
according to the interest of each of them, and that the official duties may jointly be discharged by them in such a way
that the one of inferior rank may recognize the superiority of the other, and the one of greater authority may be
conducted so that it may be known what is due to the Prefect of Subsistence, without mentioning the fact.
(Codex Justinian, Bk. 1, Tit. 28.1, Concerning The Duties Of The Prefect Of The City)
The Emperors Valentinian and Valens to Ampelius, Urban Prefect.
Although you are not ignorant of what has been stated in Our Rescript with reference to laws which have been
promulgated, it is proper that you should observe them, in accordance with what We have stated, and not think that
you can summon before you any other persons of the province except your subordinates, and men belonging to the
populace of this Fair City, who have been accused of sedition.
(Codex Justinian, Bk. 1, Tit. 28.2, Concerning The Duties Of The Prefect Of The City)
The Emperors Valens, Gratian, and Valentinian to Rufinus, Urban Prefect.
The Urban Prefecture shall take precedence in dignity and power over all the remaining ones of the City, no matter
from what source they are derived; provided it does not, by usurping honors or functions belonging to others, cause
injury and wrong.
Given on the sixth of the Kalends of July, during the Consulate of Valens and Valentinian Junior, 368.
(Codex Justinian, Bk. 1, Tit. 28.3, Concerning The Duties Of The Prefect Of The City)
The Emperors Valentinian and Valens to Honoratus, of Consular Rank, at Bysantium.
Where transactions have taken place on account of which it is evident that something is owing to the Treasury, you
shall transmit information of the same to the office of the Count of Private Affairs, so that he may make an
investigation, and ascertain by the aid of the law what is due.
Given on the sixth of the Kalends of January, during the Consulate of Valentinian and Valens, Consul for the second
time, 368.
(Codex Justinian, Bk. 1, Tit. 33.1, Concerning The Duties Of Count Of Private Affairs)
The Emperors Valentinian, Valens, and Gratian to Antony, Prætorian Prefect.
In the investigation of civil matters, it is proper that vicegerents should take precedence of military counts, and that
the latter should have priority in affairs relating to the army. Whenever they are associated in rendering decisions,
the vicegerent shall take precedence, and the count shall be considered as assistant; for as the office of Prefect is
superior to others, so that of vicegerent discloses by its name that it possesses a portion of its pre-eminence, is
clothed in Imperial power, and usually represents the respect due to Our jurisdiction.
(Codex Justinian, Bk. 1, Tit. 39.1, Concerning The Office Of Vice Regent)
The Emperors Valentinian, Valens, and Gratian to Hesperius, Prætorian Prefect.
The reports of vicegerents, when circumstances demand it, shall be referred to Us, for We willingly hear the reports
of judges, since the authority of their administration might seem to be diminished if We rejected their applications, as
We do the petitions presented by ordinary persons.
(Codex Justinian, Bk. 1, Tit. 39.2, Concerning The Office Of Vice Regent)
The Emperors Valentinian and Valens to Apronian, Urban Prefect.
Proper respect must be shown by inferior judges to their superiors. Where, however, the public welfare is concerned,
and a judge of inferior rank is investigating the truth of a case, no wrong is committed against his superior. It is
certain that anyone who performs the functions of his office in such a way as to believe that he ought to heap
unmerited abuse upon persons who are lawfully invested with official authority will not escape the effects of Our
resentment.
Given on the tenth of the Kalends of May, during the Consulate of Arinthius and Modestus, 372.
(Codex Justinian, Bk. 1, Tit.41.5, Concerning The Duties Of The Governor Of A Province)
The Emperors Valentinian and Valens to Seneca, Defender.
If anyone thinks that you should be consulted with reference to trifling and unimportant matters, that is to say, those
in which an amount under fifty solidi is involved, in other words, where anyone demands that you, by your decree,
collect for him a debt which is due, or restore a slave who has escaped by flight, or any other thing of this kind, he
may then institute proceedings before you; other cases, however, which appear worthy of a higher tribunal should be
sent to the ordinary Governor of the province.
Given on the fifteenth of the Kalends of January, during the Consulate of Valentinian and Valens, 365.
(Codex Justinian, Bk. 1, Tit. 55.1, Concerning The Defenders Of Cities)
The Emperors Valentinian and Valens to Probus, Prætorian Prefect.
The defenders of cities shall not be appointed from the classes of decurions or attendants of public functionaries, but
from other persons qualified for the duties of the office.
Given on the third of the Nones of November, during the same Consulate, 365.
(Codex Justinian, Bk. 1, Tit. 55.2, Concerning The Defenders Of Cities)
The Emperors Valentinian, Valens and Gratian to the Senate.
It has seemed to be reasonable that innocence and rustic quiet should enjoy the benefit of protection; that is to say,
be entitled to the services of the public defender of the district, and have the power to appear before him in
pecuniary cases.
Given on the fourth of the Ides of August, during the second Consulate of Valentinian and Valens, 368.
(Codex Justinian, Bk. 1, Tit. 55.3, Concerning The Defenders Of Cities)
The Emperors Valentinian and Valens to Germanianus.
Municipal magistrates shall have the power to draw up public decrees.
Given on the thirteenth of the Kalends of January, during the Consulate of Our Emperor Gratian, and Dagalaiphus,
366.
(Codex Justinian, Bk. 1, Tit. 56.2, Concerning Municipal Magistrates)