Quaestor sacri palatii
Encyclopedia
The quaestor sacri palatii , in English Quaestor
of the Sacred Palace, was the senior legal authority in the late Roman
and early Byzantine
empires, responsible for drafting laws. In the later Byzantine Empire, the office of the quaestor was altered and it became a senior judicial official for the imperial capital, Constantinople
. The post survived until the 14th century, albeit only as an honorary title.
(r. 306–337), with the duties of drafting of laws and the answering of petitions addressed to the emperor. Although he functioned as the chief legal advisor of the emperor and hence came to exercise great influence, his actual judicial rights were very limited. Thus from 440 he presided, jointly with the praetorian prefect of the East, over the supreme tribunal in Constantinople
which heard appeals (the so-called causae sacrae, since these cases were originally heard by the emperor) from the courts of the diocesal
vicarii
and the senior provincial
governors of spectabilis rank.
According to the Notitia Dignitatum
, the quaestor held the rank of vir illustris
and did not have a staff (officium) of his own, but was attached a number of aides (adiutores) from the departments of the sacra scrinia. In the mid-6th century, by law their number was fixed at 26 adiutores: twelve from the scrinium memoriae and seven each from the scrinium epistolarum and the scrinium libellorum, although in practice these numbers were often exceeded.
Perhaps the most notable quaestor was Tribonian
, who contributed decisively to the codification
of Roman law
under Justinian I
(r. 527–565). The office continued in Italy even after the dissolution of the Western Roman Empire
, as first Odoacer
and then the Ostrogothic kings
retained the position, which was occupied by members of the Roman senatorial
aristocracy like Cassiodorus
.
, and also tasked with the supervision of new arrivals to the imperial capital. By the turn of the 9th century, the original quaestor had lost most of his former duties to other officials, chiefly the logothetēs tou dromou
and the epi tōn deēseōn
. The functions of the middle Byzantine quaestor were essentially those of the quaesitor: he was one of the kritai ("judges") of Constantinople. However, as J.B. Bury notes, an examination of his subordinate staff, and the fact that it could be held by a eunuch
, shows that the later office was the direct continuation of the quaestor sacri palatii.
His duties involved: the supervision of travellers and men from the provinces who visited Constantinople; the supervision of beggars; jurisdiction on complaints from tenants against their landlords; the supervision of the capital's magistrates; jurisdiction over cases of forgery. Finally, he had an extensive jurisdiction over wills
: wills were sealed with the quaestors seal, opened in his presence, and their execution supervised by him. The 9th-century quaestor ranked immediately after the logothetēs tou genikou
in the lists of precedence (34th in the Klētorologion
of 899). The post survived into the late Byzantine period, although by the 14th century, nothing had remained of the office save the title, which was conferred as an honorary dignity, ranking 45th in the imperial hierarchy.
. The term antigrapheus was used for these officials already in late Antiquity
, and they are explicitly associated with the quaestor in the preparation of legislation in the Ecloga (ca. 740). Otherwise, their functions in the quaestors office are unknown. Bury suggests that the magister memoriae, who inter alia had the task of replying to petitions to the emperor, evolved into the epi tōn deēseōn, while the magister libellorum and the magister epistolarum became the (two?) antigrapheis. the skribas (σκρίβας), the direct successor of the scriba, a notary attached to the late antique official known as magister census, who was responsible for wills. When the quaestor absorbed the latter office, the skribas came under his control. It is known from legislation that the skribas represented the quaestor in supervising the provisions of wills as regards minors
.
the skeptōr (σκέπτωρ), evidently a corruption of Latin
exceptor, hence also the direct continuation of the exceptores, a class of officials of the sacra scrinia.
the libelisios (λιβελίσιος), again deriving from the libellenses of the sacra scrinia.
a number of kankellarioi (καγκελλάριοι, from Latin cancellarii
) under a prōtokankellarios (πρωτοκαγκελλάριος).
Quaestor
A Quaestor was a type of public official in the "Cursus honorum" system who supervised financial affairs. In the Roman Republic a quaestor was an elected official whereas, with the autocratic government of the Roman Empire, quaestors were simply appointed....
of the Sacred Palace, was the senior legal authority in the late Roman
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
and early Byzantine
Byzantine
Byzantine usually refers to the Roman Empire during the Middle Ages.Byzantine may also refer to:* A citizen of the Byzantine Empire, or native Greek during the Middle Ages...
empires, responsible for drafting laws. In the later Byzantine Empire, the office of the quaestor was altered and it became a senior judicial official for the imperial capital, Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
. The post survived until the 14th century, albeit only as an honorary title.
Late Roman quaestor sacri palatii
The office was created by Emperor Constantine IConstantine I
Constantine the Great , also known as Constantine I or Saint Constantine, was Roman Emperor from 306 to 337. Well known for being the first Roman emperor to convert to Christianity, Constantine and co-Emperor Licinius issued the Edict of Milan in 313, which proclaimed religious tolerance of all...
(r. 306–337), with the duties of drafting of laws and the answering of petitions addressed to the emperor. Although he functioned as the chief legal advisor of the emperor and hence came to exercise great influence, his actual judicial rights were very limited. Thus from 440 he presided, jointly with the praetorian prefect of the East, over the supreme tribunal in Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
which heard appeals (the so-called causae sacrae, since these cases were originally heard by the emperor) from the courts of the diocesal
Roman diocese
A Roman or civil diocese was one of the administrative divisions of the later Roman Empire, starting with the Tetrarchy. It formed the intermediate level of government, grouping several provinces and being in turn subordinated to a praetorian prefecture....
vicarii
Vicarius
Vicarius is a Latin word, meaning substitute or deputy. It is the root and origin of the English word "vicar" and cognate to the Persian word most familiar in the variant vizier....
and the senior provincial
Roman province
In Ancient Rome, a province was the basic, and, until the Tetrarchy , largest territorial and administrative unit of the empire's territorial possessions outside of Italy...
governors of spectabilis rank.
According to the Notitia Dignitatum
Notitia Dignitatum
The Notitia Dignitatum is a unique document of the Roman imperial chanceries. One of the very few surviving documents of Roman government, it details the administrative organisation of the eastern and western empires, listing several thousand offices from the imperial court down to the provincial...
, the quaestor held the rank of vir illustris
Vir illustris
The title vir illustris is used as a formal indication of standing in late antiquity to describe the highest ranks within the senates of Rome and Constantinople...
and did not have a staff (officium) of his own, but was attached a number of aides (adiutores) from the departments of the sacra scrinia. In the mid-6th century, by law their number was fixed at 26 adiutores: twelve from the scrinium memoriae and seven each from the scrinium epistolarum and the scrinium libellorum, although in practice these numbers were often exceeded.
Perhaps the most notable quaestor was Tribonian
Tribonian
Tribonian or Tribonianos was a jurist during the reign of the Emperor Justinian I, who revised the legal code of the Roman Empire.Tribonian was born in Pamphylia around the year 500...
, who contributed decisively to the codification
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
under Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
(r. 527–565). The office continued in Italy even after the dissolution of the Western Roman Empire
Western Roman Empire
The Western Roman Empire was the western half of the Roman Empire after its division by Diocletian in 285; the other half of the Roman Empire was the Eastern Roman Empire, commonly referred to today as the Byzantine Empire....
, as first Odoacer
Odoacer
Flavius Odoacer , also known as Flavius Odovacer, was the first King of Italy. His reign is commonly seen as marking the end of the Western Roman Empire. Though the real power in Italy was in his hands, he represented himself as the client of Julius Nepos and, after Nepos' death in 480, of the...
and then the Ostrogothic kings
Ostrogothic Kingdom
The Kingdom established by the Ostrogoths in Italy and neighbouring areas lasted from 493 to 553. In Italy the Ostrogoths replaced Odoacer, the de facto ruler of Italy who had deposed the last emperor of the Western Roman Empire in 476. The Gothic kingdom reached its zenith under the rule of its...
retained the position, which was occupied by members of the Roman senatorial
Roman Senate
The Senate of the Roman Republic was a political institution in the ancient Roman Republic, however, it was not an elected body, but one whose members were appointed by the consuls, and later by the censors. After a magistrate served his term in office, it usually was followed with automatic...
aristocracy like Cassiodorus
Cassiodorus
Flavius Magnus Aurelius Cassiodorus Senator , commonly known as Cassiodorus, was a Roman statesman and writer, serving in the administration of Theodoric the Great, king of the Ostrogoths. Senator was part of his surname, not his rank.- Life :Cassiodorus was born at Scylletium, near Catanzaro in...
.
Byzantine quaestor
As part of his reforms, in 539 Justinian I created another office named quaestor or alternatively quaesitor (κυαισίτωρ) who was given police and judicial powers in ConstantinopleConstantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
, and also tasked with the supervision of new arrivals to the imperial capital. By the turn of the 9th century, the original quaestor had lost most of his former duties to other officials, chiefly the logothetēs tou dromou
Logothetes tou dromou
The logothetēs tou dromou , in English usually rendered as Logothete of the Course/Drome/Dromos or Postal Logothete, was the head of the department of the Dromos, the Public Post , and one of the most senior ministers of the Byzantine Empire.- History and functions :The exact origin and date of...
and the epi tōn deēseōn
Epi ton deeseon
The epi tōn deēseōn was a Byzantine office, whose holder was responsible for receiving and answering petitions to the Byzantine emperor. Subordinate officials with the same title also existed in the provinces, and the Patriarch of Constantinople also had an epi ton deeseon.The office is usually...
. The functions of the middle Byzantine quaestor were essentially those of the quaesitor: he was one of the kritai ("judges") of Constantinople. However, as J.B. Bury notes, an examination of his subordinate staff, and the fact that it could be held by a eunuch
Eunuch
A eunuch is a person born male most commonly castrated, typically early enough in his life for this change to have major hormonal consequences...
, shows that the later office was the direct continuation of the quaestor sacri palatii.
His duties involved: the supervision of travellers and men from the provinces who visited Constantinople; the supervision of beggars; jurisdiction on complaints from tenants against their landlords; the supervision of the capital's magistrates; jurisdiction over cases of forgery. Finally, he had an extensive jurisdiction over wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
: wills were sealed with the quaestors seal, opened in his presence, and their execution supervised by him. The 9th-century quaestor ranked immediately after the logothetēs tou genikou
Logothetes tou genikou
The logothetēs tou genikou , often called genikos logothetēs or simply ho genikos , and usually rendered in English as the General Logothete, was in charge of the "general financial ministry", the genikon [logothesion] of the middle Byzantine Empire.-History and functions:The genikon was...
in the lists of precedence (34th in the Klētorologion
Kletorologion
The Klētorologion of Philotheos , is the longest and most important of the Byzantine lists of offices and court precedence . It was published in September of 899 during the reign of Emperor Leo VI the Wise by the otherwise unknown prōtospatharios and atriklinēs Philotheos...
of 899). The post survived into the late Byzantine period, although by the 14th century, nothing had remained of the office save the title, which was conferred as an honorary dignity, ranking 45th in the imperial hierarchy.
Subordinate officials
Unlike the late Roman official, the middle Byzantine quaestor had an extensive staff:- the
Magister officiorum
The magister officiorum was one of the most senior administrative officials in the late Roman Empire and the early centuries of the Byzantine Empire...
. The term antigrapheus was used for these officials already in late Antiquity
Late Antiquity
Late Antiquity is a periodization used by historians to describe the time of transition from Classical Antiquity to the Middle Ages, in both mainland Europe and the Mediterranean world. Precise boundaries for the period are a matter of debate, but noted historian of the period Peter Brown proposed...
, and they are explicitly associated with the quaestor in the preparation of legislation in the Ecloga (ca. 740). Otherwise, their functions in the quaestors office are unknown. Bury suggests that the magister memoriae, who inter alia had the task of replying to petitions to the emperor, evolved into the epi tōn deēseōn, while the magister libellorum and the magister epistolarum became the (two?) antigrapheis.
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
exceptor, hence also the direct continuation of the exceptores, a class of officials of the sacra scrinia.
Cancellarii
Cancelli are lattice-work, placed before a window, a door-way, the tribunal of a judge, or any other place. Hence the occupation of Cancellarius, which originally signified a porter who stood at the latticed or grated door of the emperor's palace....
) under a prōtokankellarios (πρωτοκαγκελλάριος).