文集與托雷多會議 第 120 章

The Emperor Caesar Flavius Justinianus, conqueror of the Alemanni, the Goths, the Germans, the Franks, the Antae, the Alans, the Vandals, the Africans, pious, fortunate, renowned, victor and triumpher, ever Augustus, to Archelaus, praetorian prefect of Africa. What thanks, or what praises, we ought to render to our Lord God Jesus Christ, neither can our mind conceive nor our tongue utter. Many bounties indeed we have merited from God even before, and we confess His innumerable benefits toward us, for which we know we have done nothing worthy.

Yet above all this is that which now the almighty God, for His own praise and for His own name, has deigned to display through us: it surpasses all the wondrous works that have come to pass in the age, namely that Africa through us in so short a time should recover its liberty, after being held captive for ninety-five years by the Vandals, who were enemies at once of souls and of bodies. For the souls, since they could not endure the various torments and punishments, they were transferring to their own false belief by rebaptizing them; while the bodies, distinguished by free birth, they were subjecting most harshly to a barbarian yoke. The very sacrosanct churches of God they were defiling with their perfidies, and some of them they even turned into stables.

We have seen venerable men who, with their tongues torn out by the roots, miserably told of their sufferings; others, after various torments, were scattered through various provinces and dragged out their lives in exile. With what speech, then, or by what works could we render worthy thanks to God, who has deigned through me, His lowest servant, to avenge the injuries done to His Church and to snatch the peoples of so many provinces from the yoke of servitude? This benefit of God our predecessors did not merit, to whom it was not only not permitted to liberate Africa, but they even saw Rome itself taken by those same Vandals, and all the imperial ornaments thence carried off into Africa.

But now God by His mercy has handed over to us not only Africa and all its provinces, but has also restored to us the very imperial ornaments which had been carried off when Rome was captured. Therefore after such great benefits as the Divinity has conferred upon us, this we ask concerning the mercy of our Lord God, that He may keep firm and unharmed the provinces which He has deigned to restore to us, and may make us govern them according to His will and good pleasure, so that all Africa may perceive the mercy of [the almighty] God, and its inhabitants may know from how harsh a captivity and barbarian yoke they have been freed, and in how great a liberty they have been found worthy to live under our most fortunate rule.

To this also we make our supplication, entreating by the prayers of the holy and glorious ever-virgin and Mother of God, Mary, that whatever is lacking to our commonwealth, God may restore in His own name through us, His lowest servants, and may make us worthy to fulfil His service. (§1) With God therefore helping, for the felicity of our commonwealth, by this divine law we ordain that all Africa, which God has granted to us, may through His mercy receive the best order and have its own prefecture: so that, just as the East and Illyricum, so also Africa may be specially adorned by our clemency with a praetorian power of the highest rank.

We command that its seat be Carthage, and that in the preamble of public documents its name be joined to the other prefectures—the prefecture which we now decree your Excellency shall govern. (§2) And from it (God helping) let seven provinces with their judges be arranged: of which let Tingi and that which was formerly called Proconsularis, Carthage, and Byzacium and Tripolis have governors of consular rank; but the rest, that is, Numidia and Mauretania and Sardinia, let them be governed by presidents with God's help. (§3) And in the office of your Greatness, as well as of the magnificent praetorian prefect of Africa for the time being, we decree that three hundred and ninety-six men perform service through the various bureaus and offices.

In the offices of the consulars and presidents we ordain that there be fifty men in each office. (§4) But what emoluments either your Magnificence, or the consulars and presidents, and what each man from their office ought to obtain from the public treasury, the schedule annexed below declares. (§5) We desire therefore that all our judges, according to the will and fear of God, and our choice and ordinance, strive so to govern their administrations that none of them be given over to greed, or himself inflict any acts of violence, or permit them to be inflicted upon the judges or their officials, or upon any other taxpayers whatsoever.

For although throughout all our provinces (with God's aid) we are anxious that the taxpayers be kept unharmed, yet most of all we have regard for the tributaries of the African diocese, who after a captivity of such long duration have merited (with God's aid) through us to behold the light of liberty. We command therefore that all acts of violence and all avarice cease, and that justice and truth be preserved toward all our tributaries. For thus both will God be appeased, and they themselves can the more quickly, like the other taxpayers of our commonwealth, be relieved and flourish. (§6)

We command also that the fees (sportulae) be exacted by the office both of the magnificent prefect of the African praetorium and of the rest of the judges in the same manner as is laid down in our laws and is observed throughout all our commonwealth, so that none may dare at any time or in any way to exceed their fixed amount. (§7) This too we believe must be ordained by the present sanction, that the judges may not be seen to suffer many expenses for the drawing up of documents, or of codicils, or in our registry, or in the bureaus of the praetorian prefect throughout Africa; for if they themselves are not damaged by expenses, they will have no necessity of burdening the tributaries of this our Africa.

We command therefore that the judges of the African diocese, both civil and military, in our registry shall pay, for the customary fees of their codicils and documents of promotion, nothing beyond six solidi; and in the bureau of the prefects they shall be compelled to pay not beyond twelve solidi. If anyone exceeds this measure, the judge himself shall be liable to a fine of thirty pounds of gold; while his office shall undergo not only a like fine, but also capital peril. For if anyone on any side shall dare to exceed our commands, and shall not hasten with the fear of God to keep them, he shall undergo not only the peril of his dignity or substance, but shall also be subjected to the ultimate punishment. (§8)

And here is the schedule, with God's help. For the rations (annonae) and the head-allowance (capitus) of the praetorian prefect of all Africa for the time being: one hundred pounds of gold. For the rations of the consulars: twenty pounds of gold. For the rations of the chancellors: seven pounds of gold. Likewise for his offices thus: In the first bureau, for ten men, for rations 18; for head-allowance, 12 solidi. Total 148 solidi. Likewise for the accountant (numerarius), for rations, 5 solidi; and for head-allowance, 4 solidi. Total 46 solidi. For the second, for 3 rations, 5 solidi yearly; and for 7 head-allowances, 5 solidi, and for 2 head-allowances, 4 solidi. Total 16 solidi. For the third and fourth, at 50 rations, 5 solidi each ration; and at 50 head-allowances, 4 solidi each. Total 24. For the remaining 3, at 50 rations, 5 solidi each ration; and at 50 head-allowances, 4 solidi each. Total 28 solidi.

In the second bureau, as written above. In the third bureau, as written above. In the fourth bureau, as written above. In the bureau of the principal bureau, which is that of the deputy (subadiuva), for 10 men, 14 rations, 12 head-allowances. Total 116 solidi, that is. Thus for the first bureau, for 3 rations, 5 solidi each ration; and for 2 head-allowances, 4 solidi each. Total 23 solidi. For the second, for 2 rations, solidi as written above; and for head-allowances, solidi as written above, and the total is 16 solidi. For the third and fourth, for 1 ration, solidi of the ration as written above; and for 1 head-allowance, solidi as written above. Total 25 solidi. For the remaining 6 men, at 1 ration, 5 solidi each ration; and for the head-allowance, 4 solidi each. Total 58 solidi.

In the bureau of the registrar (commentariensis), for 12 men, 17 rations, 4 head-allowances. Total 153 solidi. For the first registrar, 3 rations, 5 solidi; for 2 head-allowances, 4 solidi each. Total 23 solidi. The following 3 men, at 2 rations, 5 solidi each ration; for 2 head-allowances, 4 solidi each. Total 48 solidi. The remaining 8 men, at 1 ration, 5 solidi each ration; and 1 head-allowance, 4 solidi each. Total 27 solidi. In the bureau of the recorder (ab actis), for 10 men, 1 ration, 12 head-allowances, 118 solidi. Thus for the first, 3 rations; for 1 ration, 6 solidi; 2 head-allowances, 4 solidi each. Total 23 solidi. For the second and third, at the second ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 32 solidi. For the remaining 17, at 1 ration, 5 solidi each; at 1 head-allowance, 8 solidi each. Total 64 solidi.

In the bureau of petitions (libelli), for 7 men, 6 rations, 6 head-allowances. Total 5 solidi. For 2 head-allowances, 4 solidi each. Total 16 solidi. For the second, 1 for a ration, 10 solidi; for 1 head-allowance, 4 solidi. Total 12 solidi. For the remaining 4 men, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi. Total 36 solidi. In the school of the shorthand-clerks (exceptores), for 60 men, 74 rations, 62 head-allowances, 618 solidi. Thus for the first and second, 3 rations, 5 solidi each ration; and for the head-allowance, 4 solidi each. Total 46 solidi. For another 6 men, at 2 rations, 5 solidi each ration; at 1 head-allowance, 4 solidi each. Total 116 solidi. For the remaining 10 men, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 115 solidi. For the remaining 44, at 1 ration, 5 solidi each; and at the head-allowance, 4 solidi each.

Total 386 solidi. In the school of the singulares (special agents), for 50 men, 3 rations, 1 head-allowance, 473 solidi. Thus for the first, 1 ration, 5 solidi each ration; 1 head-allowance, 3 solidi each. Total 34 solidi. For the second, third and fourth, at 5 rations, 5 solidi each ration, and at 1 head-allowance, 4 solidi each. Total 34 solidi. For the remaining 46, at 1 ration, 5 solidi each; and 1 head-allowance, 4 solidi each. Total 418 solidi. In the school of the dispatch-bearers (mittendarii), for 50 men, 52 rations, 50 head-allowances, 442 solidi. Thus for the first, 1 ration, 5 solidi each ration, and at 1 head-allowance, 4 solidi each. Total 14 solidi. For the second, third and fourth, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 34 solidi. For the remaining 46 men, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 324 solidi.

In the school of the couriers (cursores), for 30 men, 22 rations, 30 head-allowances, 232 solidi. Thus for the first, 1 ration, 5 solidi each ration, 1 head-allowance, 4 solidi each. Total 17 solidi. For the second, third and fourth, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 34 solidi. For the remaining 26 men, at 1 ration, 5 solidi each ration, and at 1 head-allowance, 4 solidi each. Total 234 solidi. In the school of the nomenclators, for 22 men, rations 5 solidi, 12 head-allowances, 4 solidi. Total 115 solidi. Thus for the first, 1 ration, 5 solidi each ration; 1 head-allowance, 4 solidi each. Total 16 solidi. For the remaining 11 men, at 1 ration, 5 solidi each ration, and at 1 head-allowance, 4 solidi each. Total 99 solidi. In the school of the grooms (stratores), for 6 men, 7 rations, 6 head-allowances, 59 solidi. Thus for the first, ration, ration

5 solidi; 1 head-allowance, 4 solidi each. Total 14 solidi. For the remaining 5 men, at 1 ration, 5 solidi each ration; and at 1 head-allowance, 4 solidi each. Total 45 solidi. In the school of the praetorians, for ten men, 12 rations, 11 head-allowances, 97 solidi. Thus for the first, of rations, for 2 rations; 5 solidi, for head-allowance 4 solidi. Total 16 solidi. For the remaining 9 men, at 1 ration, for the ration, 5 solidi; 1 head-allowance, for the head-allowance 4 solidi. Total 71 solidi. In the school of the draconarii (standard-bearers), for 10 men, 11 rations, 10 head-allowances, 206 solidi. Thus for the first, ration, for the ration 14 solidi; 1 head-allowance, for the head-allowance 4 solidi. Total 16 solidi. For the remaining 9 men, at 1 ration, for the ration 5 solidi; 1 head-allowance, for the head-allowance 4 solidi. Total 89 solidi. In the bureau of works, for 20 men, 24 rations, head-allowances

21, 224 solidi. Thus for the first, 5 rations, for the ration 5 solidi; 2 head-allowances, for the head-allowance 8 solidi. Total 24 solidi. For the remaining 3 men, at 2 rations, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 62 solidi. For the other remaining 6 men, at 1 ration, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 90 solidi. In the bureau of the treasury (arca), for 20 men, 28 rations, 21 head-allowances, 224 solidi. Thus for the first, 3 rations, for the ration 5 solidi; 2 head-allowances, for the head-allowance 4 solidi. Total 23 solidi. For the remaining 4 men, at 2 rations, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 42 solidi. For the other remaining 6 men, at 2 rations, 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 68 solidi. For the other remaining 10 men, at ration

1, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 90 solidi. In the school of the registrars (chartularii), for 50 men, 58 rations, 2 head-allowances, for the head-allowance 4 solidi. Total 24 solidi. Thus for the first, 3 rations, for the ration 5 solidi; 2 head-allowances, for the head-allowance 4 solidi. Total 23 solidi. For the remaining 3 men, at 2 rations, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 48 solidi. For the other remaining 6 men, at 1 ration, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 49 solidi. For the remaining 40 men, at 1 ration, for the ration 5 solidi; and at 1 head-allowance, for the head-allowance 4 solidi. Total 360 solidi. Total: 396 men, 499 rations, 2,390 solidi, 420 head-allowances. Total: 4,733,682 solidi. Likewise for the rations and head-allowance of the assessors (censuales), 449 solidi.

For his offices, 160 solidi. ... for 5 men, 48 rations, 18 head-allowances, 418 solidi. Thus for the first, ration, for the ration 15; 5 head-allowances, 5 solidi. For the second, for 10 rations, 5 head-allowances, 70 solidi. For the remaining 3 men, at 8 rations, and at 2 head-allowances, 150 solidi. For the grammarians, 2 men, at 10 rations, and at 2 head-allowances, at 70 solidi, allotted. For the orators, 2 men, at 10 rations, 5 head-allowances, at 70 solidi. (§9) These things therefore, which we have established by this divine constitution for the expenses of the civil judges of Africa and their offices—that is, both for the bureau-clerks of that most ample prefecture and for the cohort-staff—let your Magnificence, taking cognizance of them, see to it that from the Kalends of September

of the coming thirteenth indiction be put into effect and observed, and that it be made known by public edicts—to those, namely, who shall have been appointed by your Sublimity according to the present divine constitution, who are to have the firmness of their status in perpetuity. For, with God's aid, concerning the military judges and their offices, and concerning our other army, we shall ordain by another sanction. Given at Constantinople, our lord Justinian, Father of the Fatherland.