Page:The age of Justinian and Theodora (Volume 1).djvu/171

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Cubicle, or Grand Chamberlain, Master of the Offices, Quaestor, Count of the Sacred Largesses, and Count of the Privy Purse. 2. Five Masters of Horse and Foot,[1] two at head-quarters,[2] and one each for the Orient, Thrace, and Illyricum. To these may be added the Archbishop or Patriarch of Constantinople, always a great power in the State. In the presence of a variable number of these ministers it was usual for the Emperor to declare his will, to appeal to their judgment, or to act on their representations, but the time, place, and circumstances of meeting were entirely in the discretion of the prince.[3] The formal sittings of the Council were not held in secret, but before an audience of such of the Spectabiles as might wish to attend.[4] The legislation of the Emperor, comprised under the general name of Constitutions, fell naturally into two classes, viz., laws promulgated on his own initiative and those issued in response to some petition. Edicts, Acts, Mandates, Pragmatic Sanctions, and Epistles usually ranked in the first division; Rescripts in the second.[5] A Rescript was granted, as a rule, in compliance with an ex parte application, and might be disregarded by the authority to whom it was addressed should it appear to have been obtained by false pre-*

  1. Or more briefly, Masters of Soldiers, of Troops, or of the Forces; in the Notitia the five military magnates are placed before the Counts of the Treasury.
  2. In praesenti, in the Presence; to be with the Emperor travelling was to be in sacro Comitatu; to send anything to Court was to send it ad Comitatum, etc.
  3. For the probable daily order of the Consistorium see p. 92; Cod. Theod., XI, xxxix, 5, 8; the materials at this date are too scanty to fill an objective picture; cf. Schiller, Gesch. d. röm. Kaiserzeit, Gotha, 1887, ii, p. 66.
  4. Cod. Theod., VI, xii, and Godefroy ad loc.
  5. Ibid., I, i, ii, with Godefroy's paratitla.