Paulus, On the Duties of the Prefect of the Night Watch. Among the ancients three men were appointed for the purpose of providing against fire, who, because they kept watch at night, were styled Nocturni. The Ædiles and the tribunes of the plebs also sometimes took part; and there were, in addition, a detachment of public slaves stationed around the gate and the walls, whence they could be summoned if necessary. There were also certain bodies of private slaves who extinguished fires, either for pay, or gratuitously. Finally, the Divine Augustus preferred to have this duty performed under his own supervision.

Paulus, On the Duties of the Prefect of the Night Watch. In fact, Augustus thought that the safety of the Republic could be protected by no one better than by him, and that no one was so equal to the task as the Emperor. Therefore he posted seven cohorts in proper places, in order that each cohort might protect two quarters of the city; these were commanded by tribunes, and above them was a superior officer who was designated the Prefect of the Night Watch. 1The Prefect of the Night Watch takes cognizance of incendiaries, burglars, thieves, robbers, and harborers of criminals, unless the culprit is so savage and notorious, that he is turned over to the Prefect of the City. And as, for the most part, fires are caused by the negligence of the inhabitants, he either has those whipped who have been careless in regard to fire, or he remits the whipping, and gives them a severe warning. 2Burglaries are generally committed in houses containing many apartments, or in warehouses where men have deposited the most valuable part of their goods; the burglar either breaks open a storeroom, a closet, or a chest, and those who are appointed to guard this property are the ones ordinarily punished. The Divine Antoninus stated this in a Rescript to Erycius Clarus, for he says: “That if his warehouses are broken open, he can put the slaves who were guarding them to torture, even though some of them may belong to the Emperor himself.” 3It should be noted that the Prefect of the Night Watch must be on guard during the entire night, and should make his rounds properly shod, and provided with hooks and axes. 4He must be careful to notify all occupants of houses not to allow any fire to occur through their negligence, and such occupant must be directed to always have water on his upper floor. 5He also has supervision over those who, for a compensation, take charge of clothing in the baths; and if while performing this duty they are guilty of any illegal acts he must take cognizance of them.

The Same, On the Duties of the Prefect of the Night-Watch. Where the proprietors of magazines and warehouses desire them to be opened on account of the nonappearance of the lessees, and their failure to pay the rent during the term of the lease, and wish to have an inventory of the contents made by the public officials whose duty it is to do so, they shall be heard. The time to be considered in cases of this kind should be two years.

The Same, On the Duties of the Prefect of the Night Watch. A difference exists between property tacitly liable for rent and such as is encumbered by agreement on account of a manifest pledge; for we cannot manumit slaves which have been pledged, but we can manumit those residing in a house who are tacitly liable for the rent; provided we do this before they are seized on account of nonpayment of rent, for then we cannot liberate slaves which have been detained by way of pledge. Nerva, the jurist, deserves to be ridiculed for stating that slaves who have been detained as security for rent can be liberated by merely showing them at a window.

Paulus, On the Duties of the Prefect of the Night Watch. Different penalties are inflicted upon persons who break into houses, for those who break in at night are the more atrocious, and hence they are usually scourged and sentenced to the mines. Those, however, who break in by day, are first whipped, and then sentenced to hard labor for life or for a specified time.