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ed to the remembrance of their ancient dignity; c H A P.
and the appeal from their tribunal to that of the XVII.
praefects was almost the only mark of their de T’
pendence”. But the civil government of the
empire was distributed into thirteen great Dio-
cESEs, each of which equalled the just measure of
a powerful kingdom. The first of these dioceses
was subject to the jurisdiction of the count of the
east; and we may convey some idea of the im-
portance and variety of his functions, by observ-
ing, that six hundred apparitors, who would be
styled at present either secretaries, or clerks, or
ushers, or messengers, were employed in his im-
mediate office". The place of Augusłal praft&#
of Egypt was no longer filled by a Roman knight;
but the name was retained ; and the extraordi-
nary powers which the situation of the country,
and the temper of the inhabitants, had once made
indispensable, were still continued to the gover-
nor The eleven remaining dioceses, of Asiana,
Pontica, and Thrace ; of Macedonia, Dacia, and
Pannonia or Western Illyricum ; of Italy and
Africa; of Gaul, Spain, and Britain; were go-
verned by twelve vicars, or vice-praefects *, whose

* no Eunapius affirms, that the proconsul of Afia was independent of the praefe&t; which must, however, be understood with some allowance ; the jurisdićtion of the vice-praefeSt he most assuredly disclaimed. Pancirolus, p. 161.

11. The proconsul of Africa had four hundred apparitors ; and they all received large salaries, either from the treasury or the province. See Pancircl. p. 26. and Cod. Justinian. I. xii. tit. lvi, Ivii.

112. In Italy there was likewise the Picar of Rome. It has been much disputed, whether his jurisdiction measured one hundred miles

yo L. III. E from

c H. A. P. name sufficiently explains the nature and deXVII. pendence of their office. It may be added, that S-- the lieutenant-generals of the Roman armies, the military counts and dukes, who will be hereafter mentioned, were allowed the rank and title of Respeciable. The go- As the spirit of jealousy and ostentation pre:* vailed in the councils of the emperors, they pro*nces: ceeded with anxious diligence to divide the substance, and to multiply the titles of power. The vast countries which the Roman conquerors had united under the same simple form of administration, were imperceptibly crumbled into minute fragments; till at length the whole empire was distributed into one hundred and fixteen provinces, each of which supported an expensive and splendid establishment. Of these, three were governed by proconsuls, thirty-seven by consulars, five by correótors, and seventy-one by presidents. The appellations of these magistrates were different; they ranked in successive order, the ensigns of their dignity were curiously varied, and their situation, from accidental circumstances, might be more or less agreeable or advantageous. But they were all (excepting only the proconsuls) alike included in the class of honourable persons; and they were alike entrusted, during the pleasure of the prince, and under the authority of the pra fe&ts or their deputies, with the administration of justice and the finances in their respective distriás. The ponderous volumes of the Codes and,

from the city, or whether it stretched ever the ten southern provinces of Italy.

< 7 - - Pand e Sts

Pande&ts" would furnish ample materials for a
minute enquiry into the system of provincial go-
vernment, as in the space of fix centuries it was
improved by the wisdom of the Roman statesmen
and lawyers. It may be sufficient for the histo-
rian to select two singular and salutary provisions
intended to restrain the abuse of authority. 1. For
the preservation of peace and order, the governors
of the provinces were armed with the sword of
justice. They inflicted corporal punishments, and
they exercised, in capital offences, the power of
life and death. But they were not authorised to
indulge the condemned criminal with the choice
of his own execution, or to pronounce a sentence
of the mildest and most honourable kind of exile.
These prerogatives were reserved to the praefects,
who alone could impose the heavy fine of fifty
pounds of gold: their vicegerents were confined
to the trifling weight of a few ounces". This
distinčtion, which seems to grant the larger,
while it denies the smaller degree of authority,
was founded on a very rational motive. The
smaller degree was infinitely more liable to abuse.
The passions of a provincial magistrate might fre-
quently provoke him into acts of oppression,

113 Among the works of the celebrated Ulpian, there was one in ten books, concerning the office of a proconsul, whose duties in the most essential articles were the same as those of an ordinary governor of a province. 114. The presidents, or consulars, could impose only two ounces; the vice-praefe&ts, three the proconsuls, count of the east, and praefe&t of Egypt, fix. See Heineccii Jur. Civil. tom, i. p. 75. Pande&t. 1. xlviii. tit. xix. n. 8. Cad. Justinian. 1. i. tit. liv. leg. 4. 6. E 2 a which

C. H. A. P.

XVII. \-y-'

c H A P. which affected only the freedom or the fortunes of *VII. the subject; though, from a principle of prudence,

perhaps of humanity, he might still be terrified by the guilt of innocent blood. It may likewise be confidered, that exile, considerable fines, or the choice of an easy death, relate more particularly to the rich and the noble ; and the persons the most exposed to the avarice or resentment of a provincial magistrate, were thus removed from his obscure persecution to the more august and impartial tribunal of the Praetorian praefect. 2. As it was reasonably apprehended that the integrity of the judge might be biased, if his interest was concerned, or his affections were engaged; the strićtest regulations, were established to exclude any person, without the special dispensation of the emperor, from the government of the province where he was born “; and to prohibit the governor or his son from contracting marriage with a native or an inhabitant”; or from purchasing slaves, lands, or houses, within the extent of his jurisdiction". Notwithstanding

its Ut nulli patrize suze administratio fine speciali principis permisu permittatur. Cod. Justinian. 1, i. tit. xli. This law was first enaëted by the emperor Marcus, after the rebellion of Cassius (Dion. 1. lxxi.) The same regulation is observed in China, with equal stričiness, and with equal effe&t.

*10 Pande&t. l. xxiii. tit. ii. n. 38.57. 63.

*7 In jure continetur, ne quis in administratione constitutus aliquid compararet. Cod. Theod. l. viii. tit.xv, leg. 1. This maxim of common law was enforced by a series of edićts (see the remainder of the title) from Constantine to Justin. From this prohibition, which is extended to the meanest offices of the governor, they except only clothes and provisions. The purchase within five years may be recovered ; after which, on information, it devolves

to the treasury, o: these

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* 18 Cesent rapaces jam nunc officialium manus ; cessent, inquam; nam fi moniti non cessoverint, giadiis praccid; tıtur, &c. Cod. Theod. l. i. tit. vii. leg. 1. Zeno enacted, that all governors should remain in the province, to answer any accusations, fifty days after the expiration of their power. Cod. Justinian. l. ii. tit. xlix. leg. 1. 119 Summâ igitur ope, et alacritiudio has leges nostras accipite; et vosmetipsos fic eruditos ostendite, ut spes vos pulcherrima foweat; toto legitimo opere perfeóło, posse etiam nostram rempublicam in partibus ejus vobis credendis gubernari. Justinian, in Proem. Institutionum. ize The splendor of the school of Berytus, which preserved in the east the language and jurisprudence of the Romans, may be comE 3 puted

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