Multe in oro, burocrazia e controllo imperiale nel tardoantico

Abstract

The focus of the research is to analyse a huge phenomenon, largely attested in the later imperial sources, but still not studied in detail: the fines to be paid in pounds of gold or silver by members of the imperial bureaucracy (especially the iudex, that is the governor of a province, and his officium). The massive use of this penalty (which lasted for many centuries, at least from Constantine up to Justinian, and still used by Theoderic in the West) raises many questions. On one hand, the punishment itself (a certain number of pounds of gold or silver) was not specific for the members of the bureaucracy alone; instead, it was used to fine common citizens, too. But the considerable iteration with which officials are fined in imperial constitutions urges a specific analysis. On the other hand, this particular punishment was, obviously, not imposed by emperors alone, since it is attested that high officials imposed pecuniary penalties like these as an act of their wide magisterial coercitio. First chapter A “quantitative” study has been conducted on the information offered by the juridical sources (the Theodosian and Justinian Codes, as well as post-theodosian and Justinian’s Novels – as a whole, more than 250 constitutions) together with a comprehensive analysis of the obtained data (Table 1-4). Second chapter It brings into focus the juridical definition of the penalty itself. The constitutions, almost invariably, speak of multa/multare, and it has been investigated how this term has been used in Late Antiquity, coming to the conclusion that the phenomenon is to be considered part of the traditional category of the so called multae ex lege. Third chapter A very important aspect has been the definition of the subjects of the fines in the constitutions who, as we said, were not only members of the imperial bureaucracy. The results are presented in tables (1-9), and they stress that the majority of the fines were imposed on the officium, both as a single and in conjunction with its superior officer (a fact that has been described as doppelte Strafklausel), and on the iudex, i. e., the governor of a province. Fines imposed on other officials and on common citizens have been taken into account, too. The fact that the officium is very often burdened with a more sever penalty than his superior officer suggests further examinations on his “personification”, as an independent organ, different from the members of the staff themselves. It was a permanent figure and, as such, it was its duty to advise and urge the superior officer to follow the course of law. It was assumed that the officium had to know laws, customs and procedures far better than its “temporary” superior officer. Fourth chapter Once established the nature of the penalty and the subjects concerned, we concentrated upon the offences, in order to lay the foundations for a possible corpus of the breaches of the law by members of the imperial bureaucracy. The attempt of systematize these offences made by K. L. Noethlichs in the early 80s of the last century by means of an extensive use of modern categories of administrative science (in particular, the ALR, Allgemeines Landrecht für die Preußischen Staaten, promulgated in 1794) presents a flaw: its dogmatic point of view. Therefore, different slants are here offered, so as to give an alternative attempt of systematize the offences in a openly diacronic perspective. The typical traditional crimes are very rare, while the biggest part of the offences seem to amount to a “new” penal code, for the wrongs are specifically committed by officiales. The kinds of wrongs that are to be found in these constitutions are linked with the responsabilities and duties of the members of the bureaucracy. Fifth chapter Lastly, the fundamental lines of the circulation of gold in Late Antiquity have been drawn, eminently the importance of the weighing of gold coins (a libra was credited for 72 solidi by an imperial law, C. Th. 13.6.13 = C. 10.72.5). Appendix This section supplies texts, translations and a useful scheme (underlying the offender, the violation and the amount of the fine expressed in pounds of gold or silver) of every analized constitution.