Cambridge Ancient Hi.. - Index of

the jurisdiction 241
magistrates, the duumviri. Still lower down, the defensor civitatis exercised a
summary arbitral jurisdiction over the small claims of ordinary folk. In the
two capital cities, jurisdiction over both small claims and public order, as
also over the personnel directly responsible for public order, was exercised
by the praefectus vigilum (called the praetor plebis in Constantinople from a.d.
535). Similarly, disputes to do with the food supply to the capitals or involving
the personnel concerned with it fell within the jurisdiction of the praefectus
annonae. The praetors by this time were chiefly occupied in the
planning and financing of the public games. They had retained jurisdiction
only in some particular matters. 12
Jurisdiction at first instance, albeit only in exceptional cases, was also
exercised by the twelve to fifteen regional vicarii so long as they existed and
by the equivalent authorities at the intermediate level, the comes Orientis in
Antioch and the praefectus Augustalis in Alexandria, as also the higher authorities,
such as the two to four praefecti praetorio. Normally, like the senates of
both capitals and the emperor himself, these jurisdictions functioned as
courts of appeal, of second or third instance. But their powers were of
course larger, since in the Roman political system judicial functions were
regularly associated with other governmental responsibilities: judicial, legislative
and executive powers were not separated.
All governmental judges – provincial governors, vicars, and prefects –
sat with an assessor, who was paid by the state and was, if possible, a professional
lawyer. He had a decisive voice on questions of law. 13 Every court
was permitted a fixed number of advocates, who had their own corporate
organization. Thus, the courts of governors had thirty, of vicars and their
equivalents fifty (sixty in Egypt), of city prefects eighty, and of praetorian
prefects 150. However, in the west these numbers were not maintained
after the early fifth century. The advocates’ remuneration was fixed; they
could only claim modest fees compared to the honoraria paid in the first
centuries of the principate. They were now required to have had a legal
education: anyone applying to practise in the court of the praetorian
prefect had to produce certificates sworn by the professor of law who had
taught him. 14
From the delegated judges an appeal could be made to the delegating,
and from the courts of towns to the governor of the province. There was
then no further appeal. A case begun before the governor could be
appealed to the vicar or, if he was nearer, to the praetorian prefect. From
the latter there was no further appeal. However, from the vicar, as from the
city prefects, it was possible to appeal again to the emperor himself. In that
case the emperor acted as a court of third instance.
12 C.Th. vi.4.16. 13 E.g. Aug. Conf. vi.10. 14 CJ ii.7.11.2.
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