Page:The age of Justinian and Theodora (Volume 1).djvu/174

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or Curia. The members of a Curia were called Decurions,[1] and were selected officially to the number of about one hundred from the more reputable inhabitants of the vicinity. They not only held office for life, but transmitted it compulsorily to their heirs, so that the State obtained a perpetual lien on the services of their descendants. In each Municipium the official of highest rank was the "Defender of the City,"[2] who was elected to his post for five years by the independent suffrage of the community. His chief duty was to defend the interests of his native district against the Imperial officers who, as aliens to the locality, were assumed to have little knowledge or concern as to its actual welfare. He became ex officio president of the Curia; and in conjunction with them acted as a judge of first instance or magistrate in causes of lesser importance.[3]

A provincial governor, generally called the Rector or Ordinary Judge, held open court at his Praetorium and sat within his chancel every morning to hear all causes brought before him.[4] His chancellors guarded the trellis, which fenced off the outer court against the onrush of eager suitors;[5] within, the advocates delivered their pleadings, whilst a body of scribes and actuaries took a record in writing of the whole

  1. Cod. Theod., XII, i; Godefroy reckons seventy-nine Curiae in the Eastern Empire, but there must have been many more not definitely indicated; paratitlon ad loc.
  2. Cod. Theod., I, xxix.
  3. Ibid., XII, i, 151; Novel., xv; see Savigny, Hist. Roman Law, I, ii. They seem to have been created by Valentinian I; Cod., I, lv, 1, etc.
  4. Cod. Theod., I, vii, 3; the first book contains most of Haenel's additions, and his numbers often differ from Godefroy's, to which I always refer on account of the commentary.
  5. Jn. Lydus, De Magistr., iii, 37; cf. Cassiodorus, Var. Ep., xi, 6. Cancellarius, from the cancelli or grille, within which they sat or stood.