Page:The age of Justinian and Theodora (Volume 1).djvu/228

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to this legislator every governor was bound to abide within his province in some public and accessible place for fifty days after the expiration of his term of office. Thus detained within the reach of his late constituents when divested of his authority, it was hoped that they would be emboldened to come forward and call him to account for his misdeeds. The reiteration of the law at no great intervals of time sufficiently proves that it was promulgated only to be disregarded.[1]

Without legitimate protectors from whom they might seek redress, the wretched tributaries either tried to match their oppressors in craft, or yielded abjectly to all their demands. Some parted with whatever they possessed, and finally sold their sons and daughters into slavery or prostitution;[2] others posted their holdings against the visits of the surveyors with notices designating them as the property of some influential neighbour.[3] Such local magnates, who maintained, perhaps, a guard of Isaurian bandits, were wont to bid defiance to

  1. Novel. viii; xcv; clxi.
  2. Cod. Theod., III, iii; V, viii; XI, xxvii, and Godefroy's illustrations. Sold in this way, Roman citizens were not held in perpetual bondage, but regained their liberty after serving for a term; cf. Cassiodorus, Var. Ep., viii, 33. Constantine was shocked to find that deaths from starvation were frequent in his dominions, and so advertised a measure of outdoor relief, which Rectors were instructed to exhibit conspicuously in all parts; cf. Lactantius, Divin. Inst., vi, 20. The same Constantine is the author of an extravagant law by which lovers who elope together are subjected to capital (?) punishment without any suffrance of accommodation, whilst even persons who may have counselled them to the step are condemned to perish by having molten lead poured down their throats. By such frantic whims could legislation be travestied in those days; Cod. Theod., IX, xxiv.
  3. Cod. Theod., II, xiv; Cod., II, xvi; Augustine, Enarr. in Psalm. XXI, etc.