The Emperor Justinian Augustus to the sacred senate of the royal city. If anything pertains to the advantage of the commonwealth so well handed over to us by God, we always strive with the highest alacrity of spirit to bring it to effect. Hence indeed even before now we wrote a law concerning our most glorious patricians, which by the bestowal of the dignity would show them to be freed from paternal power. For we judged it unseemly that those whom we account in the place of parents should live under the power of another.
For if the act of emancipation, which formerly was performed under the so-called legal actions, even with insults and slaps, freed them from bonds of this kind, how should not likewise the codicils, which surpass all men in dignity, accustomed to be granted by the imperial majesty which presides over the sum of affairs, free those same persons from the right of paternal power? But now, since we are revolving in our mind a more humane policy and one that will bring greater splendour to the commonwealth, we enact this same thing also concerning the most glorious consuls, who after the imperial majesty add their name to the year, and not least concerning those who are honoured only with consular codicils, and magistracies able to free men from the bond of the curia—that is, the prefecture and likewise the mastership of soldiers (those, however, who have been recognized in those very thrones and in actual exercise)—that every dignity of this kind and such a magistracy acquired by certain men whom we ourselves have approved, which also renders them free of the curia, shall have power also to free them by right from the power of a father or grandfather.
For if we have provided by law that, if any slave with his master's knowledge has been deemed worthy of military service or perhaps of some dignity by the imperial majesty, he be forthwith freed and raised to free birth itself, how would it not be just that he too who has been deemed worthy of such ample codicils should be made free from the right of another's power? Therefore, employing this most ample law, we enact that consuls ordinary, if they live under the power of another, be, together with the announcement which bestows on them this grade of dignity, delivered over to the discretion of their own power. Moreover, that for those also who are honoured by the imperial majesty with consular codicils, if they are placed under the hand of fathers, the codicil shall stand in the place of emancipation.
Furthermore, if we appoint anyone to any of those administrations over which the most glorious prefects of our sacred praetorium preside, or advance him to the urban prefecture of either Rome, or to some mastership of soldiers, let these too forthwith be made of their own power. For that he who is to be set over the command of so many men, and to give commands to so many men, should still remain under the power of another, and not be reckoned among heads of households, we have judged unworthy both of the laws and of our seat. Surely in general (as has been said) we enact that whatever dignity, whatever magistracy that has power to free from the curia, may also grant the right of one's own power as a reward to the very persons so honoured.
This certainly renders the fathers also more venerable, since they are the fathers of such men as are thus affected with honours by the imperial majesty. For these men would not have so greatly wearied the imperial majesty with their prayers, unless with joined endeavours, together with their sons, they had striven for it. Whence whether at this time some son of a family enjoys these honours or magistracies which we have above enumerated, or shall also afterwards enjoy them, he attains the right of his own power over all such things, which both bestows on them a peculium and grants full liberty of choice, so that they may do things worthy both of the honour and of the imperial judgment concerning them. For thus the matter will be of greater praise to the fathers, and will afford them great occasion of joy.
But this also in addition we establish by law: that the imperial majesty should not bestow such rights of one's own power as are alike to the others which come about through emancipations; but that through rights of one's own power of this kind it should bestow a certain exceptional gift. For we do not wish that he who in that manner has been made, or is made, a head of household should lose anything of lawful right, but that the lawful and natural rights, both of the family toward them and of them toward the family, remain intact; and let their sons, after the death of their grandfathers, fall back into their power, no otherwise than if the fathers of these had become heads of households by the death of their own parents.
but that they should not perhaps have become heads of households by the present law, and so with right hold their own sons in power after the death of their own parents, so that in nothing may they seem to take away anything from those things which proceed from the imperial majesty; since whatever accrues to men, whether from God or from the imperial majesty imitating God, is good, and it is fitting that it remain, and be foreign to all malice and diminution. And it is plain that there is no one who would be ignorant that, above all others, even to the most religious bishops there accrues, together with their ordination, the right of their own power. For those who are the spiritual fathers of all, how should they still be subject to the power of others?
Sedconvenitipsosquoquetalihonoreperfrui, atquehuncexlegislationehacnosuafruclumpercipere. Quaeigiturnobisadreverentiamhonoremquevestrum, amplissimipatres, placuerunt, eainperpetuumvolumus, tumadornatumvestrum, tumadlargilatemnostram, quampatribusnostris, consulibusetsacerdotibuscontulimus, demonstrandam, nostraedecusadderereipublicæ. Dat. xvK. April., Const.. imp. d. n. Justin. PP. Aug., Arionev. c. cons.
But it is fitting that they too enjoy such an honour, and receive this fruit from this our legislation. The things therefore which have pleased us for your reverence and honour, most ample fathers, we wish to be in perpetuity, both to add adornment to you, and to demonstrate our liberality which we have conferred upon our fathers, the consuls and the priests, and to add glory to our commonwealth. Given on the fifteenth day before the Kalends of April at Constantinople, in the reign of our lord Justinian, Pius, Perpetual, Augustus, Arion the most distinguished man being consul.