1Macer, On the Duties of Governor, Book I. The title of Governor is a general one, and hence it is applicable to Proconsuls and Deputies of the Emperor, as well as to all Governors of the provinces, and even to Senators. The title of Proconsul is one of special signification.

2Ulpianus, On Sabinus, Book XXVI. A Governor can adopt before himself, just as he can emancipate a son, or manumit a slave.

3Paulus, On Sabinus, Book XIII. The Governor of a province has authority only over the inhabitants of his province; and this only as long as he remains therein, for if he departs from it, he becomes a private person. He sometimes has jurisdiction over foreigners, when one actually commits an offence; for it is stated in the Imperial Mandates that he who presides over a province must take care to purge it of bad characters, without any distinction as to where they come from.

4Ulpianus, On the Edict, Book XXXIX. The Governor of a province has greater authority therein than anyone else except the Emperor.

5The Same, On All Tribunals, Book I. The Governor of a province cannot appoint himself either a guardian, or a judge in a particular case.

6The Same, Opinions, Book I. The Governor of a province must suppress illegal exactions, including such as are committed with violence, as well as sales and obligations extorted by fear, and those where the money is not paid down. He must also provide against anyone unjustly obtaining profit, or suffering loss. 1The truth is not changed by error, and hence the Governor of a province must follow the course which is suitable by taking into consideration facts which have been proved. 2It is a matter affecting the honor of the Governor of a province to provide that the more humble shall not be injured by the more powerful, and do not persecute the defenders of the innocent by means of false accusations. 3He shall restrain unauthorized parties who, under the pretext of assisting officials, proceed to disturb the people; and take measures to punish them when detected. He must also prevent illegal exactions from being made under the pretence of collecting tribute. 4The Governor of a province must make it his especial care that no one shall be prevented from transacting any lawful business, and that nothing prohibited shall be done, and that no punishment shall be inflicted upon the innocent. 5The Governor of a province must see that persons of limited resources are not treated unjustly by having their only lamp or small supply of furniture taken from them for the use of others, under the pretext of the arrival of officers or soldiers. 6The Government of a province must provide that no partiality shall be shown to soldiers—that is which does not benefit all of them—by certain ones claiming undue advantage for themselves. 7The event of death should not be imputed to a physician, but it is also a fact that he is responsible for anything caused by his lack of skill; for a wrong committed by a person who gives bad advice in a dangerous emergency should not be imputed to human frailty and be considered blameless. 8Those who govern entire provinces have the right to inflict the death penalty, and authority is conferred upon them to condemn delinquents to the mines. 9The Governor of a province who, after having imposed a fine, ascertains that it cannot be collected from the property of the parties whom he has directed to pay it, must relieve them from the necessity of payment, and repress the unlawful avarice of those who demand it. Where, on account of poverty a fine has been remitted by the provincial authorities, it should not be exacted.

7The Same, Opinions, Book III. The Governor of a province where buildings have been inspected by him, can compel their owners to repair them when sufficient cause for this exists; and where a refusal is made, he should take proper measures for their reparation.

8Julianus, Digest, Book I. I have often heard our Emperor say that where it is set forth in a Rescript that: “You can apply to him who presides over the province”, this does not place the Proconsul, or his Deputy, or the Governor of the province under the obligation of hearing the case; but he should consider whether he ought to hear it himself, or appoint a judge for that purpose.

9Callistratus, On Judicial Inquiries, Book I. Generally speaking, whenever the Emperor issues a Rescript referring any matter to the Governor of a province, as for instance, when he says: “You can apply to him who presides over the province,” or with this addition, “He will consider what his duty requires”, no obligation is imposed upon the Proconsul or his Deputy to take cognizance of the case; but even where the words “He will consider what his duty requires” are not added, he must make up his mind whether he will hear it himself or appoint a judge to do so.

10Hermogenianus, Epitomes of Law, Book II. It is the duty of the Governors of provinces to hear all cases which either the Prefect of the City, the Prætorian Prefect, or the Consuls, Prætors, or other magistrates hear at Rome.

11Marcianus, Institutes, Book III. All provincial applications which are made to various Judges at Rome come within the jurisdiction of Governors.

12Proculus, Epistles, Book IV. And although he who governs the province ought to be invested with authority to discharge the duties of all Roman magistrates, still, he should pay attention to what should be done in each case, rather than to what is done at Rome.

13Ulpianus, On the Office of Proconsul, Book VII. It is proper for every good and worthy Governor to take care that the province over which he presides is peaceable and quiet. This he will accomplish without difficulty if he exerts himself to expel bad men, and diligently seek for them, as he must apprehend all sacrilegious persons, robbers, kidnappers, and thieves, and punish each one in proportion to his crime; he should also restrain those who harbor them, as without their assistance a robber cannot long remain concealed. 1In the case of insane persons who cannot be controlled by their relatives, it is the duty of the Governor to apply a remedy, namely, that of confinement in prison, as the Divine Pius stated in a Rescript. The Divine Brothers were of the opinion that where a man had committed parricide, a personal investigation should be made to learn whether he had perpetrated the deed while simulating insanity, or whether, in fact, he was not in possession of his faculties, for if he was feigning he should be punished, and if he was actually insane, he should be confined in prison.

14Macer, On Criminal Trials, Book II. The Divine Marcus and Commodus addressed a Rescript to Scapulas Tertullus in the following terms: “If it is positively ascertained by you that Ælius Perseus is to such a degree insane that, through his constant alienation of mind, he is void of all understanding, and no suspicion exists that he was pretending insanity when he killed his mother, you can disregard the manner of his punishment, since he has already been sufficiently punished by his insanity; still, he should be placed under careful restraint, and, if you think proper, even be placed in chains; as this has reference not so much to his punishment as to his own protection and the safety of his neighbors. If, however, as often happens, he has intervals of sounder mind, you must diligently inquire whether he did not commit the crime during one of these periods, so that no indulgence should be given to his affliction; and, if you find that this is the case, notify Us, that We may determine whether he should be punished in proportion to the enormity of his offence, if he committed it at a time when he seemed to know what he was doing. “But, when We are informed by your letter that his condition so far as place and treatment are concerned, is that he remains in charge of his friends, or under guard in his own house; it appears to Us that you will act properly if you summon those who had care of him at that time, and investigate the cause of such great neglect, and decide the case of each one of them, so far as you discover anything tending to excuse or increase his negligence; for keepers are appointed for insane persons, not only to prevent them from injuring themselves, but that they may not be a source of destruction to others; and where this takes place, those very properly should be held responsible who are guilty of negligence in the discharge of their duties.”

15Marcianus, On Criminal Trials, Book I. One thing must be observed, he who governs the province must not pass its boundaries unless for the purpose of fulfilling a vow; and, even then he must not spend a night outside.

16Macer, On the Office of Governor, Book I. It is provided by a Decree of the Senate “That judicial proceeding must be very sparingly instituted with reference to obligations contracted by those who govern provinces, their attendants, or their freedmen, before they entered the province; for any actions which are not brought for this reason can be filed afterwards when any of the parties have left the province. But where anything occurs against the will of the party, as for instance if he suffers some injury, or is made the victim of theft, proceedings can be instituted to the extent of joining issue, and ordering the production and deposit of the stolen property; or a promise shall be given with security that the party will appear, or that the article in question will be produced.”

17Celsus, Digest, Book III. Where the Governor of a province has manumitted anyone, or appointed a guardian before he was aware of the arrival of his successor, these acts shall be valid.

18Modestinus, Rules, Book V. It is provided by a plebiscite “That no Governor shall accept a present or a gift, except food or beverages which may be consumed within a few days”.

19Callistratus, On Judicial Inquiries, Book I. He who administers justice must be careful to be easy of access, but not permit anyone to treat him disrespectfully, for which reason it is stated in their directions: “That the Governors of provinces must not admit provincials to great familiarity with them”; for contempt of rank arises from equality of intercourse. 1But, in the trial of cases, it is not proper for an official to become inflamed against those of whom he thinks ill, or be moved to tears by the supplications of the unfortunate; for it is not the part of a resolute and upright judge to let his countenance disclose the emotions of his mind. In a word, he should so administer justice as to increase the authority of his rank by the force of his mental qualities.

20Papinianus, Opinions, Book I. The Deputy of the Emperor, that is to say the Governor, or the highest official of a province, does not lose his authority by relinquishing his office.

21Paulus, On the Office of Assessor. When the Governor is trying the case of a slave who has been corrupted, or of a female slave who has been debauched, or of a male slave who has been indecently attacked; if the slave who is said to have been corrupted is the business agent of anyone, or occupies such a place that, without considering the injury to property alone, the destruction and the ruin of the master’s entire household is involved, he ought to be punished with the greatest severity.