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The ''quaestor sacri palatii'' ( gr, κοιαίστωρ/κυαίστωρ τοῦ ἱεροῦ παλατίου, usually simply ), in English: Quaestor of the Sacred Palace, was the senior legal authority in the late Roman Empire and early
Byzantium Byzantium () or Byzantion ( grc, Βυζάντιον) was an ancient Greek city in classical antiquity that became known as Constantinople in late antiquity and Istanbul today. The Greek name ''Byzantion'' and its Latinization ''Byzantium'' cont ...
, 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.


Late Roman ''quaestor sacri palatii''

The office was created by Emperor
Constantine I Constantine I ( , ; la, Flavius Valerius Constantinus, ; ; 27 February 22 May 337), also known as Constantine the Great, was Roman emperor from AD 306 to 337, the first one to convert to Christianity. Born in Naissus, Dacia Mediterranea ...
(), 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
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s (the so-called ''causae sacrae'', since these cases were originally heard by the emperor) from the courts of the diocesan ''
vicarii ''Vicarius'' is a Latin word, meaning ''substitute'' or ''deputy''. It is the root of the English word "vicar". History Originally, in ancient Rome, this office was equivalent to the later English " vice-" (as in "deputy"), used as part of th ...
'' and the senior
provincial Provincial may refer to: Government & Administration * Provincial capitals, an administrative sub-national capital of a country * Provincial city (disambiguation) * Provincial minister (disambiguation) * Provincial Secretary, a position in Can ...
governors of '' spectabilis'' rank. According to the ''
Notitia Dignitatum The ''Notitia Dignitatum'' (Latin for "The List of Offices") is a document of the late Roman Empire that details the administrative organization of the Western and the Eastern Roman Empire. It is unique as one of very few surviving documents of ...
'', 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''.''Notitia Dignitatum'', ''Pars Orient.'' XII and ''Pars Occident.'' X. 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 Emperor Justinian I (). The office continued in Italy even after the dissolution of the Western Roman Empire, as first
Odoacer Odoacer ( ; – 15 March 493 AD), also spelled Odovacer or Odovacar, was a soldier and statesman of barbarian background, who deposed the child emperor Romulus Augustulus and became Rex/Dux (476–493). Odoacer's overthrow of Romulus Augustul ...
and then the
Ostrogothic kings The Ostrogoths ( la, Ostrogothi, Austrogothi) were a Roman-era Germanic people. In the 5th century, they followed the Visigoths in creating one of the two great Gothic kingdoms within the Roman Empire, based upon the large Gothic populations who ...
retained the position, which was occupied by members of the Roman senatorial aristocracy like Cassiodorus.


Byzantine ''quaestor''

As part of his reforms, in 539 Emperor Justinian I created another office named ''quaestor'' or alternatively '' quaesitor'' (Greek: κυαισίτωρ) who was given police and judicial powers in Constantinople, 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
John B. Bury John Bagnell Bury (; 16 October 1861 – 1 June 1927) was an Anglo-Irish historian, classical scholar, Medieval Roman historian and philologist. He objected to the label "Byzantinist" explicitly in the preface to the 1889 edition of his ''La ...
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 Byzantine provinces who visited Constantinople; the supervision of beggars; jurisdiction on
complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
s from tenants against their landlords; the supervision of the capital's magistrates; jurisdiction over cases of
forgery Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidd ...
. 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 The ( gr, λογοθέτης τοῦ γενικοῦ, often called or simply (, 'the general ogothete), and usually rendered in English as the General Logothete, was in charge of the 'general financial ministry', the of the middle Byzantine E ...
'' in the lists of precedence (34th in Philotheos's '' 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.


Subordinate officials

Unlike the late Roman official, the middle Byzantine ''quaestor'' had an extensive staff: *The ''antigrapheis'' (, "copyists"), the successors of the old ''magistri scriniorum'', the heads of the ''sacra scrinia'' under the '' magister officiorum''. 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 Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define ''Byzantine law'' as the Roman legal traditions starting after the reign of Justinian I in the 6th century ...
'' (circa 740). Otherwise, their functions in the ''quaestors office are unknown. John B. Bury suggests that the ''magister memoriae'', who ''inter alia'' had the task of replying to petitions to the Byzantine 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 the Latin term ''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 Cancelli are lattice-work, placed before a window, a door-way, the tribunal of a judge, the chancel of a church, or any other similar place. This led to the occupation of cancellarius, which originally signified a Porter (carrier), porter who s ...
'') under a ''prōtokankellarios'' (πρωτοκαγκελλάριος).


See also

* Roman finance


References


Sources

* * * {{italic title Ancient Roman titles Byzantine judicial offices Roman Empire in late antiquity Roman law Administration of Constantinople