De officio praesidis libri
Ex libro I
Macer, 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.
Macer, 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.”
Macer, 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.
Macer, On the Office of Governor, Book I. Where the same province has been divided between two Governors, as for instance, Germany and Mysia, a man born in either can act as assessor in the other and is not considered as acting in his own province.
Macer, On the Duties of Governor, Book I. Where a minor, after having accepted an estate, obtains complete restitution, the Divine Severus decreed that his co-heir is not bound to assume liability for the debts of his share of the estate, but that prætorian possession of the same should be granted to the creditors.
Ex libro II
Macer, On the Duties of Governor, Book II. The Governor of a province in which a crime has been committed is accustomed to write to his colleagues, where it is said that the guilty parties are, and ask them to send them to him under guard. This has also been prescribed by certain rescripts.
Macer, On the Duties of Governor, Book II. With reference to the civil condition of persons who have been convicted, it makes no difference whether the prosecution was public or not; for the sentence, and not the kind of crime, is alone considered. Therefore, those who are ordered to be punished in other ways, or who are delivered up to wild beasts, instantly become penal slaves.
Macer, On the Duties of Governor, Book II. Ulpianus gave it as his opinion that no exemption should be granted to any other office while anyone was called to it from the decurionate.
Macer, On the Duties of Governor, Book II. A private individual can construct a new work even without the authority of the Emperor, unless this is done through rivalry with another city, or may furnish material for sedition, or is a circus, a theatre, or an amphitheatre. 1It is stated by the Imperial Constitutions that it is not lawful for a new work to be constructed at the public expense without the authority of the Emperor. 2It is not lawful for any other name than that of the Emperor, or of him by whose money it was constructed, to be inscribed upon any public work.