[832] Ibid., X, xx, 3, 5, 10, 15. Male and female alike, as well as their offspring, became bound to the sodality into which they married. The addicti were branded on the arm like recruits; ibid., X, xxi, 4; cf. IX, xl, 2; Cod., XI, ix, 2. Scarcely less stringent were the rules by which even the private guilds or colleges were governed. All the trades were incorporated in such associations under an official charter; Cod. Theod., XIV, ii-viii. But the note of personal liberty had already been sounded, and the more coercive restrictions were omitted from the later Code; cf. Choisy, L’art de batir chez les Byzantins, Paris, 1883, p. 200, etc. (Mommsen’s pioneer work on guilds is well known).
[833] Cod. Theod., XIII, v, vi, ix; Cod., X, ii, etc. (and Godefroy).
[834] Procopius, De Aedfiic., v, 1.
[835] Although their property was held in lien by the state as security for the maintenance of ships, it appears that they could grow rich through the facilities they enjoyed for private commerce and possess an independent fortune; Cod. Theod., XIII, vi; cf. Pand., L, iv, 5. Hence some joined voluntarily.
[836] Cod. Theod., XII, i. This title, the longest of all (192 laws), provides us with a plummet with which we may sound the depths of their misery, and exemplifies their eagerness to escape to any other mode of existence as well as the stringency with which they were reclaimed.
[837] Hence their property was always in chancery, as we may say, and the Curia to which they belonged was their reversionary heir, necessarily to a fourth; Cod., X, xxxiv. In the Code the laws relating to them are reduced to about seventy; X, xxxi, et seq. Their duties and liabilities are indexed in Godefroy’s paratitlon. Libanius had seen people of substance reduced to beggary by these obligations; Epitaph. Juliani (R., I., p. 571). Majorian (457-61) attempted reforms in the West.
[838] See Libanius, Epist., 248, 339, 825, 1079, 1143, etc. The sophist had much interest owing to the number of pupils he had trained to succeed in advocacy, etc., and could often beg off one old disciple by appealing to another. A Rector’s nod in such cases was more potent than an Imperial rescript; Cod. Theod., XII, i, 17; ibid., 1, notwithstanding. Zeno enacted that even some Illustrious officials should not be exempt after vacating their office; Cod., X, xxxi, 64, 65.
[839] Fathers of a dozen children were released or not called upon; Cod. Theod., XII, i, 55; Cod., X, xxxi, 24. Otherwise disease or decrepit old age seem to have the only effective claims for relief, apart from interest, bribery, etc. The general result of this political economy was that the Empire resembled a great factory, in which each one had a special place, and was excluded from everywhere else. “In England a resident of Leeds is at home in Manchester, and has judicially the same position as a citizen of Manchester, whereas in the Roman Empire a citizen of Thessalonica was an alien in Dyrrachium; a citizen of Corinth an alien in Patras”; Bury, Later Rom. Emp., i, p. 38.
[840] The Verrine sequence of Cicero’s speeches remains a picture up to this date of the usual tyranny of a Roman governor. Few went to the provinces with any other idea but that of rapine. “Cessent jam nunc rapaces officialium manus,” says Constantine, “cessent inquam: nam si moniti non cessaverint, gladiis praecidentur,” etc.; Cod. Theod., I, vii, 1. The revolution of two centuries brings no improvement: “Confluunt huc (Constantinople) omnes ingemiscentes, sacerdotes, et curiales, et officiales, et possessores, et populi, et agricolae, judicum furta merito et injustitias accusantes,” etc.; Novel., viii, Pro. For this law, ineffective as ever, all are enjoined to return thanks to God! a vain parade of legislation.
[841] Cod. Theod., X, xxiv; XII, ix; Salvian, De Gubern. Dei, v, 4, et passim. Titles x, xi, xii, xiii, xiv (of X) deal with the self-seekers who, in the guise of delators or informers, infested the Court in unsettled times and tried to oust people from their possessions by accusing them of treason; cf. Ammianus, xix, 12, etc.