Novel Constitutions of Emperor Basil

and learned from many others that the law concerning the churches of God and pious houses, issued by the usurper of the empire Nicephorus, had become the cause and root of the present evils and this universal subversion and confusion—since it was directed not merely to the injury and insult of the churches and pious houses, but also of God Himself—he judged that such a state of affairs had indeed come to pass: (for from the time that this law took force, no good whatsoever occurred to our own day, but rather, on the contrary, no type of calamity at all ceased) and by means of this present golden bull, which he signed, he decreed that the aforementioned law must cease from this present day and for the future remain void and of no effect; and that the laws concerning the churches of God and pious houses, which existed before it and which possessed their own force and strength—those which our illustrious grandfather of our majesty, and his father, and his great-grandfather promulgated in an excellent and most pious manner—should remain in force. And so that this decree might be secure and immutable, we have ordered it to be signed by our own hand and sealed with a golden seal. Given in the month of April, day IV, in the first indiction, in the year 6496 (Christ 987.)

II. The Golden Bull of Emperors Basil and Constantine granting liberties to the Venetian merchants. (A. 992.)

In the name of the Father, etc. ^C Basil and Constantine, Emperors of the Romans, to all to whom this our pious signet shall be shown, the faithful in God.

Not only because of the petitions which are under our hand, providing for the most merciful and praiseworthy to be obeyed, but also because strangers and those pertaining to the public are to be heard with providence and piety; for indeed, since piety is sufficient to show mercy, and we signify that long-standing goodness is granted by imperial piety.

For although the Doge of the Venetians, and those who are under him, and with the intercession of all the people, made a petition to our empire, that each one of their ships, which comes from their province, or rather from another province and city, coming with business, should donate nothing else but two solidi; for they said that they were formerly donating as much as 30 solidi, and therefore many *commerciarii* were demanding it, and it was found that more than 30 solidi were given by each ship to our God-crowned empire. For one thing, that the Christian people, having come to be under our faith and to God with us, and another for the promise which they made of old, that not only should they preserve the city ^D of those to be found, according to ancient customs, with prompt willingness and tireless services, and perhaps journeying through our empire into Lombardy, to direct its loading, and to work with their ships, and to find no occasion or memory of doing so in this service.

Therefore, we grant their petition and command by this our chrysobull, that each one of their ships, which comes from Venice and from other parts with their business; to donate nothing else to the public for the loading coming from Abydos but two solidi, and when they depart for their province, they shall arrive at everything [with] each one donating seventeen solidi for the ship.

And if they are able to bring themselves, the Venetians [Logothetae] from the house, who will be at that time; and he is to be given by him [the] *commerciarius*, by seeking those same *commerciarii*, when they wish to return to their province.

And they are not to have license to hold them, through greed, for more than three days, and if it should happen, when there is necessity or occasion for it, that he owes a way and he is [obliged] by the same Venetians because of the occasion of their defense, otherwise because they have business to carry in their ships to Constantinople, namely

Amalfitians, Jews, Lombards, from the city of Bari and others, but they have brought forward only their own business. And if they do this, not only could they not defend them, but they have lost their own just cause. Furthermore, we order that only through the logothete who shall be of the *diornon* at that time are these vessels of the Venetians to be examined, and the Venetians themselves are to be searched, weighed, and judged according to the ancient custom; and for those whose trial perhaps increases between them or with others, let them be searched and judged only by that same logothete and by no other judge whatsoever. Therefore we command everyone. ^B The clerks who are under him, and the notaries of the sea-coast, the luminarchs, the epologerni—and they are also called silocalami—the commercial agents of Avidus, or other men, who are reduced even to the least service for the imperial service, and indeed for the public service as well—have no authority at any time, for any occasion, whether the Venetians themselves or that vessel attempt to touch, or search, or inquire with any pretext whatsoever, or say to them anything for which it will be committed to our Empire to be under the hand of the logothete of the *diornon* alone, and by him alone let them be weighed. Observing all the above-mentioned matters regarding them, and working with other services with their own vessels for the loading of our enemy who perhaps wishes to direct himself against our empire in Lombardy. Considering all this and expecting that whoever has dared to do the contrary to what we have commanded and written, or to violate and oppose it, the indignation and wrath of our empire shall come upon him, with the sole demonstration of our own chrysobull seal being sufficient; which was done in the month of March, the fifth indiction; in which our pious and God-ordained empire has confirmed it. Amen.

III.

Of the Emperor Basil Porphyrogenitus, that there be monasteries that have more than VIII or X monks, provided « they possess sufficient land for them ». (Between 975–996.)

IV.

New constitution of Basil Porphyrogenitus published in the month of January, in the ninth indiction, in the year 6504.

Chapters of this Constitution from Harmenopulos.

1. « Of the prescription of XL years ». — Since my majesty, from the time it began to rule, has undertaken to examine the cases moved by both the wealthy and the poor, it has found that the powerful who desire to overreach have a reasonable pretext, namely the forty-year prescription; and they apply themselves to this, either through bribes or through their own intervening strength, so that they may pass this space of forty years and from that time possess by full right those things of which they have wickedly defrauded the poor. He has brought forth this very law, partly to correct those things which have happened until now, and partly to restrain the powerful who are now living, and to coerce those who will live hereafter: knowing that they will receive no profit from this, but that the result will be that those alien things will be taken away not only from them, but also from their heirs. Indeed, our majesty does not thoughtlessly, nor absurdly, abolish this forty-year prescription, but moved by compassion toward the poor, and concerned for the republic and its duration, and...

desiring to abolish ^A greed, it is made clear from what we are about to say. For we have seen with our own eyes such great sufferings of the poor, arising from this very pretext and those by which they are daily cheated and afflicted, while we were traveling through the provinces of our empire and setting out on expeditions. For in what manner can the consideration of time be held simply and rashly, when he who defrauds the poor, being settled in wealth and enjoying power and good fortune, passes on that power and fortune to his successors? And if he himself happens to be a patrician, and his children, grandchildren, and great-grandchildren are likewise powerful and possess such familiarity with the emperors, and retain their good fortune for seventy or one hundred years, and extend it—shall we not restrain them? ^B Or shall we hand over to the poor those things of which they have been wickedly defrauded? Indeed, if one who is powerful, and has acquired communal land or has surpassed others, and his heirs in turn likewise hold both the property and the power, and do not afford the poor a place to seek redress for those things in whose name they are so villainously defrauded—on account of which it is absolutely manifest that, however much time may pass in the meantime, the poor man must not be prohibited from seeking and taking back what is his own. For if we do not do this, we shall open a window to the greedy, that he may say: "Since I enjoy prosperity today, and the poor man cannot litigate with me; if my son also enjoys such good fortune, and we have lived in this prosperity for forty years—we hold on to what we have acquired as if it were not taken away, so that it is to my advantage to act greedily." ^C And it is manifest also in the case of the Maleinoi, and likewise of the Phocas family. For Constantine Maleinos the patrician, and his son Eustathios the magistros, continued their good fortune for up to one hundred, or one hundred and twenty years. The Phocades, moreover, beyond that span. For their grandfather, and then their father, and after them their sons, I would almost say, have held the power without having been interrupted by anyone up to our time. And how will anyone say that such persons will have the benefit of time? And again, how can we consider it possible or impossible, that one who is of the poor ^D is later honored and raised to a height of glory? It is impossible, as long as he remains in the number of the inferior. But we shall grant support to this man, from the time he has been honored, and we shall show that the time confers nothing upon him. Indeed, it is possible to see this happening many times daily, and it was recently discovered by us. For we found Philokales, who was initially a poor man, and one of the peasants; afterwards he became splendid and opulent: he who was common, and bore the burdens of taxations with his fellow-citizens, and did not deserve to speak, and, in fact, has often annoyed us on behalf of the poor because of this, and we have seen with our own eyes the greed and injustice occurring against them, traversing the themes of our empire, and going away to the campaigns. For how can the span of time act simply and justifiably, when a powerful man, having kept the poor man under his power for a long time in comfort and prosperity, transmits that power and comfort to his descendants, and perhaps the man himself is a patrician, or his children, grandchildren, and great-grandchildren are likewise powerful and possess the same familiarity with the emperors, and extend their comfort to seventy or one hundred years? Shall we, then, not restrain such men, and shall we not give back to the poor what they have been wickedly deprived of? For the man who has acquired communal lands, or has encroached further, being powerful, and whose heirs again receive both the estate and the power, and do not grant the poor the opportunity to stir up action against them concerning those things of which they were wickedly deprived—it is entirely manifest that since the time on that prescription has passed, the poor man will be prevented from seeking and taking back his own. For if we do not do this, we shall give an opportunity for the greedy to say: "Since I have prosperity today, and the poor man cannot move against me, if he prospers and my son also, and we have lived in this prosperity for forty years, we have the acquired properties inalienably; and it is profitable for me to act greedily." [This is evident in the generation of the Maleinoi, and again that of the Phocades. For Constantine Maleinos the patrician, and his son Eustathios the magistros, and those of the twenty years' comfort remained together with them. And the Phocades by far exceeded them. For their grandfather (alias great-grandfather), and then the father, and after these and his son, almost since then had managed the power. And how will such men have the aid of time;] and again, how can we consider it possible or impossible that one who is of the poor, later is honored, and is led to a height of glory? Impossible, indeed, as long as he is among the lower class, and we shall not grant support; but possible, from the time he is honored, and we shall show that the time is of no benefit to him. It is possible to see such things happening often every day, and it was found by us just lately. For we found Philokales, who was at first among the lower class, and was joined to those of his own station, and he was not distinguished, and was not one of the renowned and wealthy. Who, as long as he was among the lower class, was joined to his own peers, and we were observing them at first, and he had nothing that made him better than them. From the time, however, that God raised him up [he was raised] to the position of hebdomadarios (alias hebdomarios), then of koitonites, and after that of protoasecretis, and having made for himself a small property, and a small estate...

even changing the name of the village. Since, therefore, he was promoted in this manner, and this was the state of affairs regarding him, is it possible that we should allow this same thing to assist him, and leave to him the things with which he wickedly defrauded others? This would not be just. Wherefore our Majesty, when passing through the place and having learned of the matter concerning the complaints of the poor, ^B razed to the very ground his villas, which were indeed most costly, and restored to the poor their own things; but to him he left that public plot of land which he had in the beginning, and made him once again one of the villagers. But let those be considered "the powerful," not only men of this kind, but all who are individually written down in the constitution of our great-grandfather and emperor, Romanos the Elder. For he called even the scholarioi themselves "the powerful," whom we too indeed call "powerful," and we add to them the protocentarchs. For we have already declared by the pragmatica issued that these, too, are powerful. On account of these things, therefore, we decree by this our present legislation that whatever goods the powerful acquired in collective village estates before our great-grandfather and emperor, Romanos the Elder, provided they were done in such a way as to have strength through instruments comprised in writing and through probable witnesses, these shall remain in their ownership, just as the ancient laws also hand down. ^C But for this reason we wish the written instruments, along with probable testimonies, to be produced, so that the powerful may not make a pretext, in order to gain their ends, that things recently acquired by them were possessed by them long ago. But from that time until the present day, which is the first of the month of January, of the ninth indiction, of the year 6514, and indeed also hereafter, since a written injunction was made through the aforementioned legislation of our great-grandfather and emperor, Romanos the Elder, let the forty-year prescription have no force at all, nor be heard, nor have any efficacy whatsoever against the poor where they possess lands along with the powerful; but let their own things be restored to the poor. Nor, likewise, let the powerful have any right to receive the prices of such places, or [compensation for] improvements; but let them lose both the prices and the improvements, because they are found to have transgressed the aforementioned legislation. And they are all the more worthy of punishment. For the aforementioned great-grandfather of ours and emperor, Romanos the Elder, having written and said that "From now on I forbid the powerful to make acquisitions in village communities," ^D he showed that he forbade them absolutely and for all time, and did not grant the forty-year [rule] to them for their assistance. And we legislate these things not only for future times, but we also introduce this legislation against those times that have passed; clearly from the time when the legislation of our great-grandfather and emperor, the lord Romanos the Elder, was issued. For if we do not set right now those things which are being stirred up from the past, how are the things of the future to be preserved? And how are they to fear [the law]?

^A or be restrained—those who come after? And how can they be restrained, so as not to do such things? Yet the most grievous thing of all is that they leave behind for their own children possessions formed from plunder and greed, hoping to keep the lordship of such things irrevocable for the duration of the forty-year period. And by such help, it is clear ^B that they—those who derive them from the forty-year period—removing and taking away from the children of the powerful the inheritance of such avarice, which they received from their parents, arrive at need and total destitution: such as reached from our Majesty the nephews of the magistrate Romanus Musel. For while they possessed ^C their patrimony just as Philomilius [held it], left by their grandfather and parents, they were reduced to poverty. Therefore, our Majesty, cutting away such injustice and inequality, and distributing what is useful and just to all, both rich and poor, abrogates the forty-year period; so that where the powerful do not leave even this to their children, and the poor, if they are despoiled of their goods, do not despair, but have firm help for their recovery according to the present law.

2.

Concerning the description of boundaries.

3.

Concerning monasteries.

so that two or three ^A calogeri came to be. Then, when they had passed away, the metropolite or bishop of the place took possession of the church, and made it his own, and named it a monastery. And since those metropolites or bishops who themselves hold such monasteries, as well as those who grant them to certain persons as a gift, are acting covetously, ^B committing injustice, and causing [the properties] to vanish; because many such cases have been brought before our tribunal, we command that as many oratories as are found to have been established in such a way, be restored to the poor; and that the portion belonging to the metropolite or the bishop be entirely cast out from there. But if the metropolites or the bishops have granted these to certain persons, let those persons also be driven out from there, even if they have perchance held dominion over them for a long time. For we decree that time has no validity in these matters; but as has been said, we command that the oratories be restored ^C to the villagers, and that they remain oratories in the future, subject to the villages; and let there be in them as many calogeri as there were formerly. And let the metropolites or bishops have only the referundum, the seal, and the correction of faults that may be committed by the calogeri in them; and let them not take any custom or anything else whatsoever from them, as if from a monastery. And let such villages be compelled to have in the indicated oratories as many calogeri as were formerly in them. But if in any of these oratories solemnities or the lighting of lamps [luminationes] have been done by the emperor, and such oratories also have chairs (even if this perhaps ^D is not done by law, yet because they have already deserved the imperial provision before), let them remain in the future, whether under the metropolites or bishops under whom they are also now, and let them again have the same chairs, except that they must not be transmitted to other persons. For this reason our majesty does not even call them monasteries, but oratories of the village, having (as has been said) also calogeri. But as for those which have again been established as monasteries from villages and in such a manner—and it has happened that many of the neighbors have already come to be tonsured therein, and have set aside their own estates there, and they have become great after this, and there are in them eight or ten or more calogeri—even if perhaps it is not right, yet we are pleased that these should be under the metropolites and bishops, and that they should in no way be prohibited from gifting and transmitting them whither they wish. Provided, however, that they have already had, and still have, more than eight or ten calogeri, and are of such strength in the goods they possess as to suffice for their maintenance. For they cannot make new acquisitions, being prohibited from doing so formerly by our great-grandfather the Emperor Romanus the Elder, and now by our majesty. For from the time of this present legislation, even if any metropolite or bishop should set aside more calogeri, because our majesty has just now ordained that they should be mon-

monasteries, which have more than eight calogeri, and perhaps even possess land sufficient for monks, we do not admit these, but we count them as chapels built in connection with estates, as above, and subject them again to the estates. But as for the private and large monasteries, if they perhaps do not now have many calogeri, even if they have been great for a long time, we ordain, lest they be left without calogeri through the negligence of the metropolites or bishops, that they again be subject to the metropolites and bishops, and that the metropolites and bishops grant them [the means] and send them wherever and whenever they wish. ^A

4. Of removing the prescription of time against the fisc. — Furthermore, we ordain that no period of time shall avail against the fisc, so that its right might be excluded; but the fisc indicated [as having a claim] shall recover its own from the ruling Emperor, and shall have rightful power to recover it. For there are many things which prove that the fisc can recover everything. First, that the Emperor, to whom pertains the right of the fisc, cannot suffice to examine or observe everything himself, on account of the occupations and cares of the state, and because he is encompassed on all sides by infinite anxieties. Then, because the laws of the fisc impose obligations on the provinces. Whence it is manifest that whatever is done by them rightly, and justly, and without fraud against the fisc, is firm; but those things which are not so arranged remain without force. Or rather, if anything is to be said on behalf of the fisc, when the Emperor wishes, he has the power to pursue and, as it pleases him, to order. Nor shall it be found to have happened otherwise, that the time elapsed in observation, and that meanwhile no inspector or any Augustal, authorized to pursue the rights of the fisc, has gone out. If, however, such a person is sent to observe and reclaim the rights of the fisc, and is found to be desirous of shameful gain and fraudulent, and negligent in their investigation and restoration, and has appeared rather as a betrayer of his rights through an avaricious and depraved spirit; the fisc shall not, on that account, cease, as it is defined that its rights may always be pursued. And indeed, ^C my majesty has discovered by the facts themselves, that both the inspectors and other persons sent to perform the works, think up infinite frauds against it; and that few are found who are compliant with our commands in all that has been said.

5. Of homicide. — This also we ordain, that even though it is an ancient law, that the protosthars and those of higher rank, if they fall into the crime of homicide, are not put to death but are disgraced and suffer, whatever that law has decreed: nevertheless those who are openly convicted of homicide, and who through evil arts, or conspiracies, or wicked machinations, and impostures, devise this detestable crime, or persuade others to apply themselves to it wickedly, ^D and to perform the deeds, these persons—the masterminds and those who execute them—shall be held to lose nothing of their rank, but as unworthy and...

infamous shall be punished, and shall suffer the penalty of death. Yet we declare that this is to take place when the insidious plot arises from calculated guile, and the conspiracy and attack are carried out openly and with a wicked mind, and it is manifest to all that it was with the incitement, approval, and knowledge of these men—whether a populace gathered and committed that murder, or certain persons working for them carried it out on account of a quarrel and contention that had previously existed between them and the one who was murdered—or that they themselves performed such a wicked deed with their own hand, or incited others known to them and their friends to commit it.

^B 6. Concerning golden bulls. — Beyond all that has been stated above, we also decree this: Since many golden bulls have been made since the time our majesty ascended to the imperial throne, until the time that president and chamberlain Basil was cast down, and in those times not what seemed good to us was done, but his will in all things was performed, and whatsoever he had commanded was executed: we mandate that all golden bulls made in those times are to remain void and ineffective; that is to say, those which were not afterwards produced before our majesty, and in which the word SERVATA (PRESERVED) was not inscribed. For at the time our majesty condemned the aforementioned president and chamberlain, we issued an edict publicly that all should bring forward such golden bulls and should receive such confirmation of them; whereby the word SERVATA was inscribed, and the handwriting of our own hand was added by us upon them. ^C But whatever were not produced, nor obtained this confirmation, shall be void and in no way firm, as being not legitimate but false. For if they were true, they would certainly have been produced by those who held them.

7. Lastly, we wish the proper order to be assigned to the place of the master presiding over solemn fairs. For since some people have asked for redress, complaining that even though from ancient times they had their fair held in their own places, the merchants organizing the fair are departing from these and withdrawing, leaving the old masters of the fair destitute, and are instead instituting the fair in the places of those who receive them; we decree that, if ever such a thing happens, if all the fair-goers and merchants, both the natives and the foreigners, should together and with one mind depart from the old master of the fair and approach other places, renewing the fair, they shall have ^D the unimpeded and free right, and as they choose, to carry out a local transfer of the fair, provided they are not forced in any way, but are moved to this voluntarily and of their own accord. But if a division arises among the fair-goers, and some choose to remain in the places in which they used to hold the fair previously, while others depart from these and move to others, in that case, the matter...

^A of maintaining antiquity prevails, and those who depart are driven rather to this, that they should be reconciled to the choice of the others, and maintain the ancient privilege of the place. And since shifts, or transfers of fairs, allow for a fourfold division; for they are accustomed to be transferred either from the powerful to the powerful, or from the weak to the weak, or from the powerful to the weak, or from the weak to the powerful, the things already ordained regarding the first three cases retain their strength, namely, regarding transfers from the powerful to the powerful, and from the weak to the weak, and from the powerful to the weak. For the fourth chapter will receive a more moderate and humane interpretation on our part; since there is often great facility for the powerful to snatch fairs away from the rights of the weak, we ordain in this chapter that this shall not be permitted to happen otherwise—namely, the transfer of a fair from the weak to the powerful—unless the entire ^B assembly withdraws unanimously and willingly and transfers to that very place where it was previously and was established from of old; so that two reasonable grounds may coincide here: the right of antiquity, and the gathering together and mutual consent of the entire multitude. And indeed, although in the other three cases perhaps we have judged one reasonable ground alone to be sufficient, such as either the consent alone that the entire fair is shifting, or alone the antiquity—the fair being clearly divided and split into two—yet in this fourth chapter we command that there be a gathering of the two reasonable grounds in order to prevail in the transfer of fairs from the weak to the powerful: both the said consent of the whole and the right of antiquity, everywhere offering a helping hand to the poor and curbing the surplus power of the powerful, which also has long been very excellently provided for by our blessed grandfather, the Emperor Lord Romanos the Elder, regarding the alienation of the fixed rights ^C of the weak to the powerful.

V.

Imperial Edict of Basil Porphyrogenitus concerning the Archbishopric of Bulgaria.

Since there are many and great goods bestowed by the benevolent God upon our imperial majesty at different times and exceeding in number, this is the most excellent of all: that the empire of the Bulgarians has been added to the Roman empire and placed under one yoke. Therefore, we have decreed the most reverend monk John to be Archbishop of Bulgaria, and that those things which pertain to this archbishopric be provided to him. And because he requested to have in writing the number of clergy and parishioners who should serve in the churches of his diocese and those of his bishops, we have given him this present seal of our imperial majesty.

Wherefore we command that he, the archbishop, have in the towns of his diocese, that is to say, in Achris, Prespa, ^D Makron, and Citzabis, forty clergy and thirty parishioners; and that the Bishop of Castoria have in the towns of his diocese, that is to say, in Castoria itself, in Curestos, Colona, Deabolis, Boosa, and Moros, forty clergy and thirty parishioners—unless perhaps they had more before, but

τὸν Μῶρον, forty ^A clerics and thirty dependents; even if he may have had more previously, we do not wish for the number of the archbishop's clerics and dependents to be exceeded. We command the bishop of Glabinitza to have in Glabinitza itself, and in Canina and Neanisca, forty-nine clerics and thirty dependents; the bishop of the Moglæni to have in Moglæna itself, and in Prosacus, Mirichoba, Setina, Ostrobos, and Zaodria, fifteen clerics and fifteen dependents; the bishop of Butele in Pelagonia, in Prilapos, Deureta, and Belesos, fifteen clerics and fifteen dependents; the bishop of Strummitza in Strummitza itself, in Radobistos, and Conetza, twelve clerics and twelve dependents; the bishop of Morobistos in Morobistos itself, and in Coziacos, Slebista, Sthletoba, Lucobitzos, Piavitzas, and Molesoba, fifteen clerics and fifteen dependents; the bishop of Belebusdion in Belebusda itself, and in Suntiascos, Germania, Terimeros, Stobos, the lower Suadeascos, and Ræloga, ^B fifteen clerics and fifteen dependents; and the bishop of Triaditza in Triaditza itself and in Pernicos...