|
text
|
(Codex Justinianus 11.42.10)
The Same Emperor to Pentius (Spontio).
We decree that nothing shall be done by anyone, no matter what his rank, for the purpose of interfering with the smaller aqueducts, or the public fountains which flow into them. Whoever, either secretly or openly, relying upon his authority, diverts any of the water from the said branches of the aqueduct or fountains, or clandestinely takes water from the public aqueducts, shall be compelled to make complete restitution of the same.
We also order that hereafter no trees whatever shall be planted near the said aqueducts, in order that the walls of the latter may be not ruined by their roots. The prohibition is known to have been established by ancient constitution, and all persons are notified that, hereafter, any villa, field, bath, mill, or garden in which public water is used, or in or about which trees have been planted by the owner thereof which may injure the aqueduct, will subject the man or the building to proscription, and his property shall be confiscated to the Treasury. This penalty shall not be revoked even by Imperial Rescript.
Again, We decree that all inspectors and guardians or water, who are styled hydrophylaces, (quos hydrophylacas nomant), who are appointed to have supervision of the aqueducts of this Imperial City, shall bear Our name stamped upon their hands for the purpose of identification, so that by this means they may well be known to all, and not be called upon to perform other services, either by the Stewards of Our Household, or by anyone else, and be employed as couriers, or discharge various public duties.
When any of the said water-inspectors dies, We order that whoever is summoned to take his place shall be designated with the same mark, so that, being thus associated in a common service, they must exercise constant vigilance for the preservation of the water, and not occupy themselves with other matters.
|