Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

PROVIN CIA P VNCIA. P1OVINCIA. 969
the two great component parts of the Empire; and for the magistratus to decide various cases without
one great distinction between them was this, that the aid of a Judex, and these are the Extraordiin Italia the towns had mLagistratus with Juris- nariae Cognitiones spoken of in the Digest (50.
dictio; in the provinces, except in places which tit. 13). In the reign of Diocletian the Ordo Judihad received the Jus Italicum, the governor alone ciorulm, as a general rule, was abolished in the prohad Jurisdictio. But with the growth and develope- vinces and the pedanei judices (hoc est qui negotia
ment of the Imperial power, a greater uniformity humiliora disceptent) were only appointed by the
was introduced into the administration of all parts praeses when he was very much occupied with
of the Empire; and ultimately Italy itself was business, or for some trifling matters [JuDnx
under a Provincial form of government. [COLO- PEDANEUS]; (Cod. 3. tit. 3. s. 2); and in the
NIA.] As above shown, the relation of the Governor time of Justinian the institution had entirely disto the province was not the same, when a city had appeared (Inst. 4. tit. 15. s. 8), and, as it is conmagistratus, and when it had not; and consequently jectured, both in Rome and the Municipia.
it was in this respect not the same in Italy as in the By the aid of the Judices, two Praetors were
Provinces. able to conduct the whole judicial business between
The constitution of Constantine was based on a citizens and Peregrini at Rome; and by the aid
complete separation of the Civil and Military of the same institution, the judicial business was
power, which were essentially united in the old conducted in the Jurisdictiones out of Rome. In
system of provincial government: Justinian how- no other way is it conceivable how the work could
ever ultimately re-united the civil and military have been got through. But when the Ordo
power in the same person. The governor who had Judiciorum was abolished, the difficulty of transCivil power was called Rector, Judex, Judex Ordi- acting the business must have been apparent. How
norins; and of these governors there were three this was managed, is explained by Savigny, by reclasses, Consulares, Correctores, Praesides, among ferring to the growth of another institution. Even
whom the only distinction was in the extent and in the time of the Republic, the Praetors had their
ralnk of their government. In the writings of the legal advisers, especially if they were not jurists
older jurists, which are excerpted in the Pandect, themselves; and when all the power became conthe Praescs is a general name for a Provincial centrated in the Caesars, they were soon obliged
governor. (Dig. 8. tit. 18.) The military power to form a kind of college, for the dispatch of busiwas given to Duces who were under the general ness of various kinds and particularly judicial
superintendence of the Magistri Militum. Some matters which were referred to the Caesar. This
of these Duces were called Comites, which was college was the Caesar's Consistoriumn or Auditooriginally a title of rank given to various function- rium. The Proovincial governors had their body of
aries and among them to the Duces; ald when assessors, which were like the Caesar's Auditothe title of Comes was regularly given to certain rium (Dig. 1. tit. 22); and it is a conjecture of
Duces, who had important commands, the name Savigny, which has the highest probability in its
Dux was dropped, and Comes became a title. This favour, that the new institution was established in
was more particularly the case with important the municipal towns and in the provincial towns,
commands oil the frontier. (Cod. Theod. 7. tit. 1. so that here also the magistratus and the Defensor
s. 9.) The Comes is mentioned in Imperial Con- had their assessors.
stitutions before the Dux, whence we infer his Besides the Jurisdictio, which had reference to
higher ralnk. (Cod. Theod. 8. tit. 7. s. 11. Ad Litigation, the so-called Conlentiosa Jurisdictio,
szagistros m2ilitt2, et coiites, et dslces oinzes.) there was the Voluntaria. Matters belonging to
It remains to add a few remarks on the exercise this Jurisdictio, as Manumission, Adoption, Emanof the Jurisdictio, so far as they have not been cipation, could onlybe transacted before the Magisanticipated in speaking of the functionaries them- tratus Populi Romani, alid, unless these powers
selves. In Italy, and in the towns which had the were specially given to them, the Municipal Magisprivileges of Italian towns, all matters as a general trates had no authority to give the legal sanction
rule came before the magistratus in the first in- to such proceedings; though in the old Musluicipia
stance; but in certain excepted matters, and in it is probable that the power of the magistratus
cases where the amount in question was above a was as little limited in the Volllntaria as in the
certain sum (the precise amount of which is not Contentiosa Jurisdictio. In the Imperial period it
known), the matter catme before the governor of the was usual to perform nlany acts before the public
province in the first instance, or in Italy before the authorities, and- in the three cases of large Gifts,
Romani Practor. Until the nmiddle of the fourth the making of a Will, and the Opening of a Will,
century A. D. all matters in the Provincial towns, it was necessary for these acts to be done before
whllicl had not magistratus, came before the governor a public authority. Such acts could be done before
in the first instance; but about this time the De- a provincial governor; and also before the Curia
fensor acquired a power, like that of the magis- of a city in the presence of a M1agistratus and
tratus of the privileged towns, though more limited. other persons. (Compare the Constitution of IHono -
The old form of proceeding in civil matters has riss, Cod. Theod. 12. tit. 1. s. 151, and a Novel o'
been explained elsewhere [JUDEx]: the niagis- Valentinian, Nov. Theod. tit. 23, with Savigny's
tratus empowered the Jutdex to nmake a condemn- remarks on them.)
inatio; and this institution was the Ordo Jcldi.- Though the general administration of the Roman
ciorum Privatorum. That which the manistratus provinces is adequately understood, there are difdid without the aid of a Judex was Extra Ordi- ferences of opinion as to some matters of detail
nenl. [INTERD1mCTU-si.] The same institution pro- one cause of which lies in the differences which
vailed in those townils which had a magistratus, for actually existed in the administration of the proit was of the essence of a Magistratus or of Juris- vinces and which had their origin in the different
dictio to name a Jtldex. (Lex Ccall. Cisalp. c. 20.) circumstances of their conquest and acquisition,
Under the cnmperors, it gradually became common j and in the diversity of the native customary law iin