Works & Councils of Toledo 121

The same Augustus to Belisarius, Master of the Soldiery throughout the East. In the name of our Lord Jesus Christ we ever proceed to all our counsels and all our acts; for through Him we received the rights of empire, through Him we confirmed peace with the Persians forever, through Him we cast down most bitter enemies and most powerful tyrants, through Him we overcame many difficulties, through Him it was granted to us to defend Africa and bring it under our rule, and through Him too we trust that it may be rightly governed and firmly guarded by our governance.

Wherefore through His grace we have also appointed for the several African provinces judges and officials of the civil administrations, assigning indeed the emolument which each ought to receive. Turning therefore our mind even now to His providence, we proceed to arrange the armed militias and the commanders of the soldiers. (§1) We ordain therefore that the commander (dux) of the soldiers of the province of Tripolitana shall for the time being have his seat in the city of Leptis Magna. The commander of the province of Byzacena shall for the time being sit in Capsa and in the other city of Lepte. The commander of the province of Numidia shall for the time being have his seat in the city of Constantina. And the commander of the province of Mauretania shall for the time being sit in the city of Caesarea. (§2)

We command also that at the crossing which faces Spain, which is called Septem (Ceuta), you station in every respect as many soldiers as your Magnitude shall provide, together with their tribune—a prudent man who keeps his devotion to our commonwealth—who may both always guard the crossing itself, and report to the right honourable commander whatever is done in the parts of Spain, or of Gaul, or among the Franks, so that he himself may refer it to your Magnitude. At which crossing you shall also have as many warships (dromones) as you provide be stationed. (§3) But in Sardinia we command that a commander be appointed, and that he, near the mountains where the barbarian peoples are seen to dwell, have soldiers for the guarding of those places, as many as there too your Magnitude shall provide. (§4)

And let all of them diligently keep watch over the provinces entrusted to their guard, and protect our subjects unharmed from every incursion of the enemy, and hasten day and night, by invoking the aid of God and by diligent labour, to extend the African provinces up to those boundaries where, before the invasion of the Vandals and the Moors, the Roman commonwealth had held its frontiers, and where the ancient guards kept watch, as is shown by the barriers and fortified posts (burgi); and most of all let them hasten to seize and fortify, with the help of the divine mercy, as the enemy are driven out part by part, those cities which were formerly held near the barriers and frontiers, when they were established under the Roman empire.

and let the commanders and soldiers advance part by part into those places where formerly were the frontiers and barriers of the provinces, when the African provinces were kept entire under the Roman empire—which, with God's assent (by whose aid they have been restored to us), we hope will swiftly come to pass in our times; and that the provinces may be kept entire in security and peace with their ancient boundaries, and may be guarded unharmed by the watches and labours of the most devoted soldiers, and by the care of the right honourable commanders for the time being, since it is fitting that the guards always keep the frontiers of the province, lest license be given to the enemy of invading or laying waste the places which our subjects possess. (§5)

But how many soldiers, whether foot or horse, ought to be stationed along each frontier (limes) for guarding the provinces and cities, let your Magnitude, according as it shall consider, ordain and report to us, so that if we foresee the arrangement to be sufficient, we may confirm it; but if we perceive that something more should be done, that we may augment it. (§6) But what the commander, under the name of stipend, shall obtain for himself and his men, and what his office shall obtain, this is declared in the schedule subjoined. (§7)

As therefore has been aforesaid, for the present the commanders and soldiers, according to our disposition, are to follow the places or cities in which we have ordered, until, with God's aid, they can for us and our commonwealth, through our labours, be established in those places where the ancient frontier of each province had been established, when, the Roman commonwealth flourishing, the aforesaid provinces were held entire. (§8) As for ordaining frontier-troops (limitanei), we deem it necessary that, besides the field-soldiers (comitatenses) who are throughout the camps, frontier-soldiers be appointed, who may both defend the camps and the frontiers of the city, and till the lands, and so that other provincials, seeing them part by part, may betake themselves to those places.

And we have made an example of one unit (numerus) of frontier-troops, so that, according to the example which we have sent, your Magnitude may, throughout the camps and places which it shall provide, ordain them after the likeness of our example;

yet in such a way that, if you find suitable persons from the provinces, or from those whom they formerly had as soldiers, you may appoint them into the number of the frontier-troops, in each frontier, so that if perchance any disturbance should arise, the frontier-troops themselves, without the field-soldiers, together with their commanders, may be able to assist the places where they have been stationed, neither the frontier-troops themselves nor their commanders going far out beyond the frontier; and so that the aforesaid frontier-troops may suffer no loss from the commanders or the staff, nor by fraud convert to their own gain any customary perquisites from their stipends. And these things we wish to be observed not only in respect of the frontier-troops, but also of the field-soldiers. (§9)

And we command each commander and the tribunes of those same soldiers always to keep the soldiers at the exercise of arms, and not to allow them to stray about, so that, whenever necessity should arise, they may be able to resist the enemy; and let neither the commanders nor the tribunes dare to dismiss any of them on furlough, lest, while they are eager to make a profit for themselves, they leave our provinces unguarded. For if the aforesaid commanders, or their staff, or the tribunes shall have usurped the leaving of a soldier on furlough, or the acquiring of any gain for themselves from their emoluments, this we command not only to be repaid fourfold to the treasury, but also that they be deprived of their dignity.

For both the commanders and the tribunes ought rather, above the emoluments allotted to them, to hope for a reward from our bounty according to their labours, and not to acquire gain for themselves from the soldiers' furloughs or their stipends; since soldiers have been appointed for this very purpose, that through them the provinces may be defended—especially since we have sufficiently furnished emoluments both to the commanders themselves and to their offices, and have always provided for advancing each man, according to his labours, to better grades and to greater dignities. (§10)

But after it shall have pleased God, and through your Magnitude the whole frontier shall have come into its ancient state and been well ordered, then, wherever necessity shall arise, let the right honourable commanders furnish aid to one another whenever occasion shall require, so that the provinces, or their frontiers, may (with God's help) be guarded unharmed by their watches and labours. (§11) But just as we command our judges and soldiers to be bold and fierce against the enemy, so we wish them to be mild and benevolent toward our taxpayers, and to do them no harm and no injury whatsoever. But if anyone of the soldiers shall dare to inflict any

injury upon our tributaries, let him be visited with a fitting vengeance at the peril of the right honourable commander or the tribune and the chief officer, so that our tributaries may be kept indemnified. (§12) But if for any causes an appeal be made before our judges, we command that the executive officers receive no more under the name of fees than has been defined by our laws, fearing the penalty inserted in those same laws for transgression. (§13)

But when, with God's assent, our African provinces shall have been ordered through your Magnitude according to our disposition, and the frontiers reduced to their ancient state, and all Africa so held as it was—when therefore all these things (with God's help) shall have been disposed and accomplished in your Magnitude's presence, and through your labours all Africa shall have recovered its [ancient] boundaries, and you shall have informed us concerning the whole ordering of the entire African diocese, that is, how many soldiers and which, in what places or cities, are stationed, and how many frontier-troops, and in what places and posts they are placed—then we command your Magnitude to return to our clemency. (§14)

In the meantime, however, if Your Magnitude should observe that certain cities or fortresses set along the frontier are of excessive size, and that for this reason they cannot be well guarded, let him arrange that they be built up in such a measure that they can be well held by a few men. — § 15. But when Your Magnitude, all things being arranged, shall have been ordered to return to us, then let the commanders of each frontier, whenever they have any work to be done for the building of cities or camps, or for their own expenses, or for the provisions, signify it more speedily to the magnificent prefect throughout Africa, so that he himself may hasten to do whatever is necessary, lest any delay should harm the provinces. § 16.

But concerning the things which he himself shall have done, or which still must necessarily be provided for hereafter, let both the aforesaid magnificent man, the praetorian prefect of Africa, and the men of distinction, the commanders, frequently report to us touching all other matters that are transacted there, so that we may confirm the good that has been done, and so that whatever ought more fittingly to be done may be carried out according to our disposition. — § 17. This also we decree, that the judges who are to be appointed throughout the African frontiers shall furnish nothing further, in the most sacred palace, to any person or dignity, nor in the praetorium of the prefecture and of the magisterial power throughout Africa, except so much as the schedule annexed below sets forth;

for if anyone should usurp or receive more than is fixed in the appended schedule, let him pay thirty pounds of gold under the name of a fine, together with which he shall also lie under the peril of our indignation; no other person whatsoever, of any dignity or office, receiving anything from them, save those whose names are contained in the subjoined schedule. — § 18. To this end we command (God helping) that each commander, or their offices, according to what the schedule annexed below contains, shall receive their emoluments out of the tributes of the African province, from the Kalends of this present September of the most happy thirteenth indiction. — § 19.

And this schedule, God willing, ought to be assigned to the commanders and to their offices established in Africa, for the rations and head-allowances to be furnished each year. Thus to the most illustrious commander of the province of Tripolitana, and to his men individually, 5 solidi (rations); 159 head-allowances, each at 183 solidi. To the commander's assessor, with the office and his men, 40 (annonae); 9 (head); and per head individually 6 solidi. Together they amount, for rations and head-allowances, to 674 solidi. They are divided thus: to the assessor, 8 in rations, 4 in head-allowances; to the chief clerk, 8 in rations, 2 in head; to 3 ducenarii at 6 rations, the solidi make up the rations and the head-counts. To 6 centenarii, 5 rations, they amount. They amount to 4 rations, and at the head-rate make 16 rations, and at the head amount to 3 rations, making 8 head-counts. To the circitores, 9 and a half. To the others, 11, at the ration-rate.

They amount to 14, and at the head-rate 3, making 11 head-counts. Likewise to the most illustrious commander of the province of Byzacena, and to his men, 190 (rations); to each individually 5 solidi in rations; 158 head-allowances, each at 10 solidi per head. Together they amount, for rations and head-allowances, to 670 solidi. All are divided thus: to the assessor, 7 in rations, 4 in head; to the chief clerk, 5 in rations, 2 in head; to the accountant, 6 in rations, 3 in head; to the ducenarius, 4, at 3 rations, making 3 head-counts; to 6 centenarii, 6 rations... 15 rations and 1 in head, making 7 head-counts; to the circitores, 9, at the ration-rate, making 13 rations, and at the head-rate 7 head-counts; to the circitores, 9, at 2 rations, making 18, and at the head-rate making 13 rations, 9 and a half head-counts; to the others, 11, at 3 rations, making 13 and a half rations, and at 2 in head. Likewise to the most illustrious commander of the province of Numidia, and to his men, 190 rations; to each individually 8 solidi in rations.

158 head-allowances, each at 9 solidi per head. Together they amount, for rations and head-allowances, to 351 (and) 34. To the commander's assessor and his office, the men, 40 in rations and head, 5 solidi; 49 head, each head at 5 solidi; 472 head, each individually at 3 solidi. Together they amount, for rations and head-allowances, to 164 and a half. They are divided thus: to the assessor, 13 in rations, 6 in head; to the chief clerk, in rations and head, 3; to the accountant, 4 in rations. They amount to 16 rations, and at the head-rate to the centenarii at 11 and a half rations. They amount to twelve, and at the head-rate 6 head-counts. To the biarchi, 8. To the circitores, 9, at 2 rations, making 127 rations, and at the head-rate 5, making 8 and a half head-counts. To the others, 11, at 2 rations, making 16, that is 15, and at the head-rate 5, making 11 head-counts. Likewise to the most illustrious commander of the province of Mauritania, and to his men, 500 (rations); to each individually 5 solidi in rations; head...

200 solidi... 160... 35. To the commander's assessor, and his office, the men, 40; 96 and a half in rations; 3 and a half; together they amount, for rations and head-allowances, to 670, 3 and a half. They are divided thus: to the assessor, 9 in rations, 4 in head; to the chief clerk, 5 in rations, 1 in head; to the accountant, in rations and head, 3; to 3 ducenarii, at 3 and a half rations, making rations and head-counts; to 3, making 1 head-count; to 3 centenarii, at 3 and a half rations, making rations and head 3, making 2 head-counts; to 9 centenarii, at 10 rations, and at the head-rate 3, making 3 head-counts; to the biarchi, 8; to the circitores, at 8 rations, making 18 rations, and at the head-rate 3, making 3 head-counts, making 11 head-counts. Likewise to the most illustrious commander of the island of Sardinia, and to his men, 190 (rations); to each individually 282 solidi in rations. To the commander's assessor, and his office, the men, 40; 96 and a half in rations; to each individually in rations the solidi...

48 head, each head at 9 solidi. Together they amount, for rations and head-allowances, to 150, 186. They are divided thus: to the assessor, 9 rations and 3 in head; to the chief clerk, in rations 2, head 3; to the accountant, in rations and head 3; to 4 ducenarii, 3 rations, making 16 rations, and 3 in head, making also 9 in head; to 9 circitores, 3 rations, making 29, 29, and 3 in head, making head-counts; to 9 circitores, 9 rations, making 4 rations, 9 and a half in head; to the others, 11, at 16 rations, that is, and at the head-rate 3, making 20 head-counts. — § 20. The schedule of the customary fees which the commander of each frontier ought for the time to furnish in the sacred register, and in the praetorium of the most ample prefecture throughout Africa, and in the office of the master of the soldiers, is thus: in the sacred register, 6 solidi.

In the office of the magisterial military power, for the conveying of the divine addresses of our serenity concerning his administration, 12 solidi. In the office of the most ample prefecture throughout Africa, for the conveying of the same documents, 12 solidi. § 21. Therefore let Your Glory, which our eternity has established through this pragmatic sanction, ordain that these things be put into effect and observed. § 22. The law was issued on the Ides of April, at Constantinople, in the consulship of our lord Justinian, Perpetual Augustus, for the fourth time, and of Paulinus, most distinguished man. — § 23. And this schedule, God willing, ought to be assigned to the judges and to their offices established in Africa, for the rations and head-allowances to be furnished each year.

Likewise to the most illustrious commander of the province of Tripolitana, and to his men, in the ninetieth year, five solidi for each single ration; one hundred and fifty-nine heads, for each head two hundred and eighty-two solidi: to the commander's assessor, and to the office and his men, forty, in the ninety-seventh year. Likewise to the most illustrious commander of Byzacena, and to his men, in like manner. Likewise to the most illustrious commander of Numidia, and to his men, in like manner. Likewise to the most illustrious commander of the province of Mauritania, and to his men, in like manner. Likewise to the commander of Sardinia, and to his men, in like manner. § 24.

Likewise the schedule of the customary fees which the commander of each frontier is wont for the time to furnish in the sacred register, and in the praetorium of the most ample prefecture throughout Africa, and in the office of the master of the soldiers, is thus: in the sacred register, six solidi. In the offices of the magisterial military power, for the conveying of the divine administrations, or of the addresses of the divine serenity, twelve solidi; for the office of the most ample prefecture throughout Africa, for the conveying of its documents, twelve solidi. — § 25. Therefore let Your Glory ordain that the things which are established through this pragmatic sanction of ours be put into effect and observed for the working-out of eternity.