Ut magistratus sine ulla donatione fiant.
That a magistrate shall become such without a gift.
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1) Our subjects will receive great benefit, if they are left unharmed by the magistrates; the Empire and Treasury will prosper through the riches of our subjects; and the adoption of one measure will produce great and incredible abundance. Is it not clear to all that a person who gives money with which to buy a magistracy, gives not only the amount for which the name of suffragium has been invented, but will also add much other money for the purpose of winning favour of others who either give or undertake to procure the magistracy? And when such bad beginning is made, the person who has commenced to make gifts must give to many; and he will, perhaps, not give this money out of what he has, but must borrow it, and in order that he may be able to secure a loan, he sustains a loss. Hence he figures that he should be allowed to receive from the province the amount of this debt, principal and interest, and the loss arising through the loan, as well as the generous expenses paid in the meantime (while holding office), becoming to a magistrate and around him, and, in addition to that, an income for himself in the future, when he, perchance, no longer holds the magistracy. Thus the amount that will be demanded (by him) from our subjects will be three-fold, nay, to speak more correctly, ten-fold the amount which he himself gave. The Treasury will be prejudiced thereby; for the amount that ought to be paid to the Treasury would be paid if he, who holds the magistracy, kept his hands clean. If he converts this amount to his own use, he makes the taxpayer poor for us. And how many other crimes are committed which are justly referable to these pilferings? For the provincial magistrates intent on such gain, dismiss many that are guilty, selling them their crime, and condemn many innocent persons to please the guilty; nor do they do this only in civil cases, but in criminal cases as well, when life is at stake. Hence people flee from the provinces; they gather here, all lamenting and justly complaining of the thefts and wrongs of the magistrates. This is not all, but money is also generally the cause of seditions in cities and popular tumults arising and ending. That is the fountain of all evil, and the demanding of money by the magistrates is the beginning and end of all wickedness. Indeed the divine saying is wonderful and very true, that avarice is the mother of all evil, especially when it invades the minds, not of people in private station, but of magistrates. For who does not steal securely, who does not rob with impunity, when he observes the magistrate, and sees him sell everything for gold, confident that his wickedness can be redeemed with money? Hence arise homicides, adulteries, robberies, blows, rapes of virgins, disturbances of public assemblies and contempt for laws and magistrates, since all believe that they, as the meanest slave, are exposed for sale. It is difficult for us to recall and set forth all the evils which arise from the thefts of magistrates, since no one dares to reproach them freely, because they will immediately excuse themselves by saying that they have bought the magistracy.
2) Having considered all these things we have undertaken to make this imperial law. By it we ordain that no official shall give any recommendation-money for the office (suffragium), or make any gift for the magistracy either to any official or magistrate or those under him or to any other person on account of any patronage (support), but they shall receive the magistracy free of charge, except that they may pay small amounts for drafting the letters-patent and certificates which go with each magistracy.
3) It is proper that the person who receives a magistracy here, should, in calling God as witness, take an oath in our presence, or if we are not at leisure, in the presence of the Prime Minister or Attorney General, that he has not in any manner given or promised anything as recommendation-money (suffragium) or for support, and that he has made no agreement to send anything from the province, for support, to any official or to anybody else. But as he receives the magistracy free of charge, and furthermore receives his salary, he must keep his hands clean and render an account thereof to God and to us. Any official who takes anything from those who receive magistracies, or who permit their official staff to do anything of the kind and who, after having knowledge thereof, pay no attention to it, shall not alone repay fourfold the amount which they received, but they will also incur our gravest displeasure and may expect to lose their position. And if the persons around them, or their official staffs, attempt to take anything more than is allowed by us to be done, they shall be obliged to repay the fourfold thereof to the persons damaged; they shall be deprived of the girdle of their office, and shall suffer the punishment consonant with their crimes.
4) Those who receive magistracies free of charge should first of all be zealous to attend to fines with vigilance and to collect them with severity, without making any concessions, from those that are contumacious and require the application of force; not to look for any profit in connection therewith, and to treat obedient persons with paternal kindness. Next, they should protect our subjects from all wrong, nor accept any gift from any of them; they must be just in trials, just in public matters, pursuing crimes, preserving the innocent entirely unharmed and imposing legal punishment upon the guilty and thus govern our subjects as a father does his children, loving those that are innocent, correcting and punishing the guilty, and maintaining justice in public as well as private affairs. Nor should they alone do this; they should also choose such counsellors and all others about them as are just, so that they, though themselves innocent, may not seem to commit wrongs and to steal through others, and what is worse, to seem to have taken associates for the commission of injustice.
5) If anyone, however, acts contrary hereto, he will be accused of the crime of theft even during his magistracy in which he acts as judge, and if it appears that he has given money to obtain the magistracy, or that he has received anything illegal through position—for both acts are equally deserving of punishment—he will suffer confiscation of this property and whatever other punishment is decided by the Consuls. And the person, too, who takes anything from him, will, as we have stated, be subject to severe punishment. For we demand that any magistrates keep their hands clean so that they may preserve our subjects unharmed and safe. These punishments, accordingly, of the law, hang over those magistrates who act contrary hereto. And we further give leave to the provincials, if any magistrate therein perpetrates injustice and inflicts damage or wrong on our subjects to send petitions to us through the bishop, beloved of God, or through the Representative of the place, explaining the wrongs of the magistrate. And when we have this information, we shall send an examiner into the province to investigate the matter, so that the magistrate may suffer punishment at the place where he commits his crimes, and serve as an example for others, deterring them from doing likewise.
6) It is, however, to be observed, that our subjects can bring no action against the magistrate for any matter except for theft. We do not permit that to be done, if he seems to act rather severely toward contumacious persons in connection with the collection of fines or in punishing criminals. On the contrary, if he has kept his hands clean and has attended to the collection of fines with diligence, relinquishing his post thereafter, we shall visit with the severest punishment those who dare to subject him to insult, and who fail to do him proper honor when he departs, after the legal time. Our honorable officials, who become magistrates of the provinces of our empire after the enactment of this law, should, accordingly, consider how much glory they will enjoy if they show themselves to be such, and in what difficulties they will find themselves, if they violate this law, so far as they are concerned. For it would be absurd that they should punish persons detected in small thefts while they themselves should remain unpunished for large thefts committed by them, without blushing for the example which they set for our subjects, as though in disregard of all this they may appear worthy, free, everywhere entitled to praise, and have hope for our good testimonials and for advancement.
7) Our subjects may take notice, that this law is enacted for their benefit, in order that they may remain unharmed and live in tranquillity and not be compelled to leave provinces, to spend their days in misery in foreign territory, and that we dedicate this law to God and to the present days of the great and universal festival, so that all may consider our magistrates rather as fathers than thieves and sordid men, laying snares for their property.
8) It is also necessary for you, our subjects, since you know how much we look after you, to pay all your taxes and fines zealously without waiting till the magistrates compel such payment, and you should be so obedient as to show us, in turn, by your very acts, your suitable thanks for our kindness, and that you have, because of your devotion, just claim on every favour and care on the part of the magistrates.
9) All, therefore, should sing hymns of praise to the great God and to Jesus Christ, our Saviour, on account of this law which permits our subjects to live safely in their fatherland, be secure in the possession of their property and enjoy the justice of magistrates. We have also enacted this law, so that through the justice contained therein, we might be able to win the favour of God and cause Him to confirm our reign, lest we seem to permit our subjects, whom God has given us, to be afflicted with wrong, in order always to save them in imitation of God’s kindness. Hence, we have made this law an expiatory offering to God, as far as we are able, inasmuch as we have not overlooked anything that has come to our mind for the benefit of our subjects. Since we desire to eradicate all sordid and mean thefts and want to protect our subjects against provincial magistrates, we have, therefore, desired to give the magistracies to the latter free of charge, so that they may not be permitted to commit wrongs against, and despoil, our subjects, for whose benefit we have done all our labour. We have thought it unworthy to imitate our predecessors, who doled out magistracies for money, disabling themselves thereby to check unjustly-acting magistrates; nay they had cause to blush for the money which they received from that source, since they, on that account, could neither liberate the subjects from evil magistrates, nor command the latter to refrain from oppression.
Given 15 April 535.