Arcadius, also called Charisius, On Witnesses. The employment of witnesses is frequent and necessary, and the testimony of those whose integrity is established should especially be taken. 1Witnesses can also be produced not only in criminal cases, but also in actions involving money, in accordance with the circumstances, and those can give evidence who are not forbidden to do so, or are excused from testifying by any law. 2Although a considerable number of witnesses is prescribed by certain laws, still, according to the Constitutions of the Emperors, this requirement is confined to a sufficient number of the same, in order that the judges may regulate it, and permit only that number of witnesses to be called which they deem necessary, lest a superfluous multitude may, through unrestricted power, be summoned for the purpose of annoying the parties to the suit.

Arcadius, also called Charisius, On Witnesses. A person who has been convicted of having written a libellous poem is incompetent to testify. 1It is also undeniable that, where the case demands it, not only private individuals, but even magistrates, if they are present, can be forced to testify. The Senate also decreed that a Prætor must also give his evidence in a case of adultery. 2Where the circumstances are such that we are compelled to accept a gladiator, or some person of this kind as a witness, his evidence is not to be believed, unless he is subjected to torture. 3When all the witnesses are of equal integrity and reputation, and the nature of the transaction, as well as the opinion of the court, coincides with their assertions, all their testimony should be accepted. Where, however, some of them make statements different from those made by the others, even the smaller number of them may be believed. Moreover, if the evidence corresponds with the nature of the transaction, and no suspicion of either hostility or favor exists, the judge must confirm the impressions of his mind by the arguments and testimony which are most applicable to the case, and which he ascertains to be nearest to the truth. For it is not necessary to take into consideration the number of the witnesses, but rather their sincerity, as well as such evidence as appears to be more illuminated with the light of truth.

Arcadius, also called Charisius, On Witnesses. It is provided by the Imperial Mandates that Governors shall see that patrons do not testify in cases which they are conducting; and this rule must also be observed in the case of those who are transacting the business of others.

Arcadius, Charisius, On Witnesses. Torture should not be inflicted upon a minor under fourteen years of age, as the Divine Pius stated in a Rescript addressed to Cæcilius Jubentinus. 1All persons, however, without exception, shall be tortured in a case of high treason which has reference to princes, if their testimony is necessary, and circumstances demand it. 2It may be asked whether torture cannot be inflicted upon slaves belonging to the castrense peculium of a son in order to obtain evidence against his father. For it has been established that a father’s slave should not be tortured to obtain evidence against his son. I think that it may be properly held that the slaves of a son should not be tortured to obtain evidence against his father. 3Torture should not be applied to the extent that the accuser demands, but as reason and moderation may dictate. 4The accuser should not begin proceedings with evidence derived from the house of the defendant, when he calls as witnesses the freedmen or the slaves of the person whom he accuses. 5Frequently, also, in searching for the truth, even the tone of the voice itself, and the diligence of a keen examination afford assistance. For matters available for the discovery of truth emerge into the light from the language of the witness, and the composure or trepidation he displays, as well as from the reputation which each one enjoys in his own community. 6In questions where freedom is involved, it is not necessary to seek for the truth by the torture of those whose status is in dispute.

Aurelius Arcadius Charisius, Master of Requests, On the Duties of Prætorian Prefect. It is necessary to state briefly whence the origin of the office of Prætorian Prefect was derived. It has been asserted by some writers that Prætorian Prefects were formerly created instead of Masters of Cavalry; for, as in the time of the ancients the supreme power was occasionally conferred upon dictators, they were accustomed to choose their Masters of Cavalry, who were associated with them in the discharge of their military duties, and held the next rank after them. The government of the republic having been permanently transferred to the Emperors, Prætorian Prefects were chosen by those princes, just as had been done in the case of the Masters of Cavalry, and upon them was conferred greater power for the purpose of promoting public discipline. 1The authority of the Prefects having originated in this manner, it was subsequently increased to such an extent that no appeal can be taken from the decision of a Prætorian Prefect; for when formerly a question arose as to whether an appeal could be taken from the decision of a Prætorian Prefect, which, in fact, was allowed by law, and examples of those who did so are extant; afterwards, by an Imperial Decree publicly promulgated, the right of appeal was forbidden. For the Emperor thought that those who were appointed to this high office on account of their eminent industry, after their discernment and integrity had been established, would render judgment not otherwise than he himself would do, the wisdom and enlightenment attaching to their rank being taken into consideration. 2Prætorian Prefects also enjoyed an additional privilege; for minors could not obtain restitution after condemnation, from any other magistrates than from the Prætorian Prefects themselves.

Arcadius Charisius, On Civil Employments. There are three kinds of civil employments, for some are called personal, others are styled patrimonial, and others are mixed. 1Personal employments are those which are carried on by the application of the mind, and the exertion of corporeal labor, without resulting in any detriment to the person who administers them; as, for instance, guardianship or curatorship. 2The keeping of accounts and the collection of money in any town is not considered an honorable employment but a personal one. 3The conducting of recruits, or horses, or any other animals necessary for the transportation or pursuit of public property, or of money belonging to the Treasury, or of provisions or clothing, is a personal employment. 4The supervision of posts and couriers is a personal employment. 5The care of purchasing grain and oil (as it is customary to appoint persons for duties of this kind, who are called purveyors of grain and oil), is, in some towns, included among personal employments, as well as the duty of heating the public baths, when the money provided by the official in charge is obtained from the revenues of any municipality. 6The preservation of aqueducts is included in personal employments. 7Irenarchs are officials who are appointed to maintain public discipline and the preservation of morals. Those who are selected for the construction of highways, when they can contribute nothing out of their own property for this purpose, along with those who are appointed to supervise the sale of bread and other provisions necessary to the daily sustenance of the people of towns, administer personal employments. 8Persons who have charge of either the collection or distribution of public provisions, and collectors of individual taxes administer personal employments. 9Officials who are usually chosen for the collection of the public revenues of towns exercise a personal employment. 10Those also who are the guardians of temples, or who have charge of the archives; writers of orations and book-keepers; those who furnish entertainment to strangers, as in certain cities; those who have superintendence of harbors; officials charged with the construction or repair of public buildings, whether palaces, or naval arsenals, or such as are destined for military quarters, who expend the public money in the erection of buildings, or for the construction or repair of ships, when this is necessary, administer personal employments. 11The driving of camels is also a personal employment, for a certain amount should be given to the camel-drivers for the support of themselves and their camels, and an account kept of the same, so that they will only be compelled to furnish manual labor. These should be called according to the order in which they are registered, and should not be released by any excuse, unless it is expressly shown that they are suffering from some corporeal injury, or weakness. 12Messengers who are despatched to the Emperor sometimes receive their necessary travelling expenses, but the officers of the night-watch and the superintendents of mills administer personal employments. 13The defenders also, whom the Greeks call syndics, and who are selected for the prosecution or defence of some case, exercise personal employment. 14The duty of rendering decisions is also classed among personal employments. 15When anyone is chosen to compel persons to construct pavements in front of the public highways, this employment is personal. 16In like manner, those who are appointed for the collection of taxes perform the functions relating to a personal employment. 17The officials who accompany the contestants in games, and the clerks of magistrates, also discharge the functions of personal employments. 18Patrimonial employments are those which are administered at the expense of the estate, and to the loss of the person who exercises them. 19Among the people of Alexandria, officials who purchase oil and vegetables are considered to exercise a patrimonial employment. 20Those who collect wine throughout the province of Africa administer a patrimonial employment. 21Again, patrimonial employments are of a twofold, nature, for some of them have reference to either possession or to patrimonies, for instance, those who furnish horses, or mules for the transporation of military supplies, or for the post. 22Therefore, persons who are neither citizens nor inhabitants of municipal towns are required to perform services of this description. 23It has been stated in a Rescript that those who lend money at interest, even if they are veterans, must pay taxes for the privilege of doing so. 24Neither veterans, nor soldiers, nor any other persons, no matter what privileges they may enjoy, and not even the pontiff himself, is exempt from employments of this kind. 25Moreover, some towns have the privilege of permitting those who own land within their territory to furnish each year a certain amount of corn, in proportion to the real property which they possess; which contribution is an employment attaching to possession. 26Mixed employments are those in which personal and patrimonial ones are combined, as Herennius Modestinus, with the best of reasons, stated in his notes and arguments; for collectors of taxes and grain, who also perform manual labor, exercise personal employments, and make good Treasury losses from the property of deceased persons; so that there is good reason for considering this employment as being mixed in its character. 27We have, however, stated above that those who exercise personal employments, according to the laws or customs of their city, are also obliged to pay the expenses out of their own property; or if those who collect provisions should sustain any loss on account of land which remains uncultivated, these employments will also be included under the denomination of mixed. 28All these employments, which we have divided into three classes, are included under a single signification; for personal, patrimonial, and mixed employments are designated as civil or public. 29Where, however, exemption from merely personal or civil employments is granted to anyone, they cannot be excused from those relating to provisions, posts, couriers, the furnishing of lodgings, the construction of ships, or the collection of personal taxes, with the exception of soldiers and veterans. 30The Divine Vespasian and the Divine Hadrian stated in a Rescript that exemption from furnishing lodgings was granted by the Emperor to teachers who were not liable to civil employment, as well as to grammarians, instructors in rhetoric, and philosophers.