In lieu of an abstract, here is a brief excerpt of the content:

Appendix 1. Secret History 19-30 and the Edicts of Justinian This appendix is not a historical commentary on the later chapters of the SecretHistory, although it offers a blueprint for one, by showing that those chapters were written in direct response to Justinian's legislation. Not all can be paired up with extant edicts, but in most cases Procopius is referring to specific laws that have been lost. In particular, few pragmatic sanctions have survived, and many reforms were no doubt effected in that way. Not all edicts were written by Justinian himself, although of course they were all promulgated under his name, with his approval and authority. In some chapters Procopius discusses in detail the character of his quaestors and prefects, but this too is directly relevant to the legal slant of the work, because they were the magistrates who drafted Justinian's legislation, received it, and enforced it (to the degree that it was enforced). Unless otherwise noted, all edicts cited below were issued before the SecretHistory was finished. 19.11, 20.9: pretexts for prosecution: heresy, pederasty, sexual relations with nuns. For nuns, see CJ1.3.53, 9.13.1;Novels 123.43, 37. For sexual crimes, Novels 77, 141 (date 559); cf. Malalas 18.18. For heretics, see esp. CJ1.5.12 - 2 2 ; Novels 3.1, 37, 42.3.2, 43, 45, 109, 131.14,132. Procopius also gives (once each) polytheism, stasis, favoring the Greens, and insulting the emperor. For the latter, see Malalas 18.22. For polytheism, see esp. CJ1.5.18.4-5; Malalas 18.42, 18.136 (date 561). 20.1-4: the city prefect relaxed price controls and shared in the profits (this was his initiative, not the emperor's). Novel 122 (addressed to the city prefect) caps prices for services and goods, blaming merchants and artisans for charging too much (perhaps a result of the plague). This may have been Justinian's response to the actions of his prefect, but we do not know how vigorously it was enforced. Justinian may have been concerned for the peo- 224 Appendix 1 pIe or may have wanted to placate widespread discontent (see chapter 4, fourth section). 20.5: Justinian established and farmed out monopolies (cf. 26.19). Monopolies are the subject of CJ4.59, but no legislation by Justinian on this topic has survived. 20.7-12: Justinian invented two new offices, the praetor of the people and the quaesitor (cf. 11.37,16.19, 18.33). Cf. Novels 13,14, and 80 (see chapter 4, fourth section). 20.13-15: Justinian allowed the city prefect, the prefect of the people, and the quaesitor to prosecute all crimes regardless of jurisdiction. No edict specifically mandating this has survived, but provision is made in edicts dealing with the specific crimes Procopius has in mind (e.g., CJ9.13.1). 20.15-23: character and misdeeds of Justinian's quaestors. 21.1-4: aerikon tax. The edict has been lost. For the tax, see Haldon (1994). 21.4-8: character and misdeeds of Justinian's praetorian prefects; also 22.1-35 (for the grain supply to the capital, cf. CJ10.27.2). 21.9-25: sale of offices. Cf. Novel 8 (see chapter 4, fourth section). 22.36-37: Peter Barsymes discontinues "consolation" gifts (parapsyche) from the treasury. There would probably not have been an edict for this. Many edicts refer to parapsyche as part of the salaries of governors: Novel 24 (end), 25 (end), 26 (preface and end). It is unclear whether it was a specific part of the salary that could be discontinued, as Procopius implies. Elsewhere it seems to refer to the whole salary (Novels 28.4.2 and 29.2). The word is also used in the edicts in its usual sense, referring to consolation for the death of a loved one. 22.38: Peter Barsymes debases the gold coinage. There would not have been an edict for this. Bury (1923) v. 1, 427 n. 1, asserted that this was the most dubious of the accusations, but an explanation has been found in coins minted specifically for foreign trade: Adelson (1957) 20 ff., 127-128; but cf. Bellinger (1966) v. 1, 72, 133. 23.1-8: no remission of arrears on taxes. Naturally, this omission was not by edict; but cf. Novel 147, preface (date 553), where Justinian admits that he has indeed never granted a general remission. 23.6, 23.16, 23.20: heavy taxes led farmers...

Share