(3) The Adjutor. Some of the uses of this term are very perplexing. It seems clear (from Lydus, 'De Mag.' iii. 3) that all the members of the officium were known by the generic name Adjutores. Here however we may perhaps safely assume that Adjutor means simply an assistant to the officer next above him, as we find, lower down in the list of the 'Notitia,' the Exceptores followed by their Adjutores. We may find a parallel to Adjutor in the word Lieutenant, which, for the same reason is applied to officers of such different rank as the Lord Lieutenant of Ireland, a Lieutenant-General, a Lieutenant-Colonel, and a simple Lieutenant in the Army or Navy. Primiscrinius.In the lists of Cassiodorus and Lydus we find no mention of an officer bearing the special name of Adjutor, but we meet instead with a Primiscrinius, of whom, according to Lydus, there were two. He says[136], 'After the Cornicularius are two Primiscrinii, whom the Greeks call first of the service[137].' And later on[138], when he is describing the course of business in the secretum of the Praefect, as it used to be in the good old days, he informs us that after judgment had been given, and the Secretarii had read to the litigant the decree prepared by the Assessors and carefully copied by one of the Cancellarii, and after an accurate digest of the case had been prepared in the Latin language by a Secretarius, in order to guard against future error or misrepresentation, the successful litigant passed on with the decree in his hand to the Primiscrinii, who appointed an officer to execute the judgment of the Court[139]. These men then put the decree into its final shape by means of the persons appointed to assist them[140] (men who could puzzle even the professors themselves in logical discussions), and endorsed it on the litigant's petition in characters which at once struck awe into the reader, and which seemed actually swollen with official importance[141]. The name and titles of the 'completing' officer were then subscribed.
If the suggestion that the Primiscrinii were considered as in some sense substitutes (Adjutores) for the Cornicularius be correct, we may perhaps account for there being two of them in the days of Lydus by the disappearance of the Princeps. The office of Cornicularius had swallowed up that of Princeps, and accordingly the single Adjutor, who was sufficient at the compilation of the 'Notitia,' had to be multiplied by two.
Commentariensis, or Commentarisius.
(4) The Commentariensis. Here we come again to an officer who is mentioned by all our three authorities, though in Cassiodorus he seems to be degraded some steps below his proper rank (but this may only be from an accidental transposition of the order of the letters), and though Lydus again gives us two of the name instead of one. The last-named authority inserts next after the Primiscrinii 'two Commentarisii—so the law calls those who are appointed to attend to the drawing up of indictments[142].'
The Commentariensis (or Commentarisius, as Lydus calls him[143]) was evidently the chief assistant of the Judge in all matters of criminal jurisdiction[144]. We have a remarkably full, and in the main clear account of his functions in the pages of Lydus (iii. 16-18), from which it appears that he was promoted from the ranks of the Exceptores (shorthand writers), and had six of his former colleagues serving under him as Adjutores[145]. Great was the power, and high the position in the Civil Service, of the Commentariensis. The whole tribe of process-servers, gaolers, lictors[146]—all that we now understand by the police force—waited subserviently on his nod. It rested with him, says Lydus, to establish the authority of the Court of Justice by means of the wholesome fear inspired by iron chains and scourges and the whole apparatus of torture[147]. Nay, not only did the subordinate magistrates execute their sentences by his agency, he had even the honour of being chosen by the Emperor himself to be the minister of vengeance against the persons who had incurred his anger or his suspicion. 'I myself remember,' says Lydus, 'when I was serving as Chartularius in the office of the Commentariensis, under the praefecture of Leontius (a man of the highest legal eminence), and when the wrath of Anastasius was kindled against Apion, a person of the most exalted rank, and one who had assisted in his elevation to the throne[148], at the same time when Kobad, King of Persia, blazed out into fury[149], that then all the confiscations and banishments which were ordered by the enraged Emperor were entrusted to no one else but to the Commentarienses serving under the Praefect. In this service they acquitted themselves so well, with such vigour, such harmonious energy, such entire clean-handedness and absence of all dishonest gain, as to move the admiration of the Emperor, who made use of them on all similar occasions that presented themselves in the remainder of his reign. They had even the honour of being employed against Macedonius, Patriarch of Constantinople, when that prelate had provoked the Emperor by suspending all intercourse with him as a heretic; and that, although Celer, one of the most intimate friends of Anastasius, was at that very time holding the rank of Magister Officiorum.'
An officer who was thus privileged to lay hands on Patriarch and Patrician in the name of Augustus was looked up to with awful reverence by all the lower members of the official hierarchy; and Lydus, with one graphic touch, brings before us the glow of gratified self-love with which, when he was a subordinate Scriniarius, he found himself honoured by the familiar conversation of so great a person as the Commentariensis[150]: 'I too am struck with somewhat of my old awe, recurring in memory to those who were then holders of the office. I remember what fear of the Commentarisii fell upon all who at all took the lead in the Officium, but especially on the Scriniarii; and how greatly he who was favoured with a chat with a Commentarisius passing by valued himself on the honour.' Lydus also describes to us how the Commentariensis, instructed by the Praefect, or perhaps even by the Emperor himself, would take with him one of his faithful servants, the Chartularii, would visit the abode of the suspected person (who might, as we have seen, be one of the very highest officers of the State), and would then in his presence dictate in solemn Latin words the indictment which was to be laid against him, the mere hearing of which sometimes brought the criminal to confess his guilt and throw himself on the mercy of the Emperor.
It was from this commentum, the equivalent of a French acte d'accusation, that the Commentariensis derived his title.
Ab Actis (Scriniarius Actorum?).
(5) The Ab Actis. The officer who bore this title (which is perhaps the same as the Scriniarius Actorum of Cassiodorus[151]) seems to have been exclusively concerned with civil cases, and perhaps held the same place in reference to them that the Commentarienses held in criminal matters[152]. Practically, his office appears to have been very much what we understand by that of Chief Registrar of the Court. He (or they, for in Lydus' time there were two Ab Actis as well as two Commentarienses[153]) was chosen from the select body of shorthand writers who were known as Augustales, and was assisted by six men of the same class, 'men of high character and intelligence and still in the vigour of their years[154].' His chief business—and in this he was served by the Nomenclatores, who shouted out in a loud voice the names of the litigants—was to introduce the plaintiff and defendant into the Court, or to make a brief statement of the nature of the case to the presiding magistrate. He then had to watch the course of the pleadings and listen to the Judge's decision, so as to be able to prepare a full statement of the case for the Registers or Journals[155] of the Court. These Registers—at least in the flourishing days of Roman jurisprudence—were most fully and accurately kept. Even the Dies Nefasti were marked upon them, and the reason for their being observed as legal holidays duly noted. Elaborate indices, prepared by the Chartularii, made search an easy matter to those who wished to ascertain what was the decision of the law upon every point; and the marginal notes, or personalia, prepared in Latin[156] by the Ab Actis or his assistants, were so excellent and so full that sometimes when the original entry in the Registers had been lost the whole case could be sufficiently reconstructed from them alone.
The question was already mooted at Constantinople in the sixth century whence the Ab Actis derived his somewhat elliptical name; and our archaeology-loving scribe was able to inform his readers that as the officer of the household who was called A Pigmentis had the care of the aromatic ointments of the Court; as the A Sabanis[157] had charge of the bathing towels of the baths; as the A Secretis (who was called Ad Secretis by vulgar Byzantines, ignorant of the niceties of Latin grammar) was concerned in keeping the secret counsels of his Sovereign: so the Ab Actis derived his title from the Acts of the Court which it was his duty to keep duly posted up and properly indexed.