1Papinianus, Questions, Book I. Whatever authority is specially conferred either by a law, a decree of the Senate, or an Imperial Constitution, is not transferred when delegated, but any powers acquired by the right of magistracy can be delegated. Therefore, those magistrates are in error who, having authority conferred upon them by law or by a decree of the Senate, (such for instance as the Lex Julia de Adulteriis, and others of the same kind) to preside in a criminal trial, delegate their jurisdiction. A very strong argument in favor of this is, that in the Lex Julia de Vi it is expressly provided: “That he to whom the jurisdiction belongs can delegate it if he departs.” He can not delegate it unless he is absent, although any other jurisdiction can be delegated by one who is present. Where a master is said to have been killed by his slaves, the Prætor cannot delegate the right to try them, which was conferred upon him by a decree of the Senate. 1He to whom jurisdiction has been delegated possesses none peculiar to himself, but must only exercise that of the magistrate who conferred it upon him; for while it is true that by the custom of our ancestors jurisdiction can be transferred, the authority conferred by law cannot be transferred. For this reason no one says that the Deputy of a Proconsul has the right of imposing penalties when jurisdiction has been delegated to him. Paulus states that the authority attaching to jurisdiction is also delegated with it.

2Ulpianus, On All Tribunals, Book III. Where jurisdiction has been delegated by a Governor, he to whom it is delegated cannot assemble a Council. 1Where guardians or curators desire to sell land, the Prætor or Governor can permit this to be done after hearing the case; but if he delegates his jurisdiction he can, under no circumstances, transfer with it the right to conduct the inquiry instituted for this purpose.

3Julianus, Digest, Book V. He who exercises the jurisdiction of another, even if he is a Prætor, still does not do so by his own authority, but every time he acts he administers justice in the place of him by whom he was appointed.

4Macer, On the Office of Governor, Book I. Cognizance of the acts of suspected guardians can be delegated, and it is settled that this may occur in the general delegation of jurisdiction, on account of the interest of wards, as follows: “The Emperors Severus and Antoninus to Braduas, Proconsul of Africa. Since you have delegated your jurisdiction to your Deputies, it follows that they can take cognizance of the acts of suspected guardians.” 1Thus power can be delegated to give possession of property, as for instance, when an order is issued to take possession where a bond is not furnished to provide against threatened injury; or for possession in the case of a woman in behalf of her unborn child; or to grant possession to a legatee for the preservation of his legacy.

5Paulus, On Plautius, Book XVIII. It is evident that anyone to whom jurisdiction has been delegated cannot delegate the same to another. 1When jurisdiction is delegated to a private individual, it is held that all magisterial power except that of condemning to death is delegated with it; because there is no jurisdiction which does not include the right to inflict moderate punishment.