Ulpianus, Concerning the Office of Proconsul, Book I. It is usual for long established custom to be observed as law in those matters which have not come down in writing.

The Same, On the Duties of Proconsul, Book I. It is necessary for the Proconsul also, to be careful not to oppress his province in the entertainment of officials; as our Emperor, as well as his father stated in a Rescript to Aufidius Severianus. 1No proconsul can have his own grooms, but in their stead soldiers should perform their duties in the provinces. 2It would also be better for the Proconsul to travel without his wife, still, he can bring his wife with him; but he must remember that the Senate, during the consulship of Cotta and Mesalla, decreed, “That in the future if the wives of those travelling to take charge of their offices should commit any offence, an accounting will be required of their husbands and punishment will be inflicted upon them”. 3Before the Proconsul passes the boundaries of the province assigned to him, he should publish an edict announcing his arrival, and containing a recommendation of himself, if he has any acquaintance or connection with the people of the province; and by all means request them not to come to meet him either publicly or privately, it being more suitable that each one should receive him in his own country. 4He will also act properly and according to the regular order of proceeding, if he sends a notice to his predecessor indicating the day when he will pass the boundaries of his jurisdiction; for frequently when these things are not certainly known or expected, the people of the province are disturbed, and business transactions are impeded. 5It is proper when he enters the province for him to do so in that portion where this is customary; and that whatever city he reaches first he should pay attention to what the Greeks call epidymias, that is “the place of sojourn”, or kataploun “the port of arrival”; for the provincials attach great importance to the preservation and observance of this custom and of privileges of this description. There are some provinces to which the Proconsul goes by sea, as, for instance, Asia; and to such an extent was this carried that our Emperor Antoninus Augustus stated in a Rescript, in reply to a request of the Asiatics, “That the Proconsul was absolutely required to proceed to Asia by sea, and to land at Ephesus, before touching at any of the other principal cities”. 6After having made his entry into the province, he should invest his Deputy with his jurisdiction, but he should not do this before, as it would be absurd for him to confer authority on another which he does not yet himself possess; for he is not entitled to the same until he enters the province. If, however, he should do this before, and after having entered the province should not change his mind, it would probably be decided that the Deputy has jurisdiction, not from the time when it had been conferred upon him, but from the day when the Proconsul entered the province.

Ulpianus, On the Duties of Proconsul, Book I. It is customary for him to commit to his Deputies cognizance of the offences of prisoners; so that, after having been interrogated, the Deputies can send them back, in order that the Proconsuls may discharge those who are innocent. This species of delegated power is, however, extraordinary; for no one can transfer to another the right to impose the penalty of death, or that of inflicting any other punishment, which has been conferred upon himself, or even that of discharging prisoners who cannot be prosecuted before him. 1As the Proconsul has the right to delegate or not to delegate his judicial authority according to his will, he has also the right to recall it; but he should not do so without consulting the Emperor. 2It is not proper for the Deputies to consult the Emperor, but they should apply to their own Proconsul, and he is compelled to answer their inquiries. 3The Proconsul should not absolutely refuse to receive presents, but he should act with moderation, so as not rudely to reject them altogether, nor avariciously transcend the bounds of reason in their acceptance; which matter the Divine Severus and the Emperor Antoninus have very properly regulated in an Epistle, the words of which are as follows: “With reference to presents, We are of the opinion stated in an ancient proverb, viz: ‘Not all things should be received, nor at all times, nor from all persons’; for, indeed, it is impolite to accept gifts from no one; but, on the other hand it is most despicable, and most avaricious to accept without distinction everything that is given.” And as to what is contained in the Imperial Mandates, namely: “That the Proconsul himself, or any other person in office shall accept no gift or present, and shall not even purchase anything except for the purpose of daily subsistence”; this has no reference to small gratuities, but to those which exceed the requirements of ordinary support. Nor should such presents be extended to the point of making donations of great value.

The Same, On the Duties of Proconsul, Book I. Nor can any question arise in his province which he cannot himself dispose of. However, if any matter relating to the affairs of the Treasury arises and which belongs to the jurisdiction of the Imperial Steward, it will be better for him to pass it by. 1In cases where a decree is necessary, the Proconsul cannot dispose of the same by means of a notice by the plaintiff, for all things whatsoever which demand judicial investigation cannot be terminated in this way. 2The Proconsul must hear the advocates with patience and also with discernment, lest he appear contemptible; nor ought he to dissimulate if he ascertains that parties have trumped up cases, or purchased the right to litigation; and he should only suffer those to institute proceedings who are permitted to do so by his Edict. 3The Proconsul has power to dispose of the following matters extrajudicially; he can order persons to show proper respect to their parents, and freedmen to their patrons and the children of the latter; he can also threaten and severely menace a son brought before him by his father and who is said not to be living as he should. He can, in like manner, correct an impudent freedman either by reproof or by castigation. 4Hence he should be careful to have a certain order prevail in legal procedure, namely, that the petitions of all persons shall be heard; lest it may happen that if the rank of some is favored, or attention is paid to others as are not worthy, those of moderate pretensions who have no one to appear for them, or having employed advocates of small experience or no standing, may not be able to properly present their claims. 5He must also appoint advocates for those who request it, and especially for female wards or persons otherwise incapacitated; as well as for those who are out of their minds, if anyone petitions him to do so for them; and if there is no one to request it, he can grant this at his own instance. He must also appoint an advocate for any person who alleges that he cannot himself find one on account of the influence of his adversary, as it is not just for anyone to be oppressed by the superior power of his adversary; for this, indeed, has a tendency to reflect upon the Governor of the province, where anyone acts with so little self-control that all are afraid to appear as advocates against him. 6These rules are applicable to all Governors, and should be observed by them.

The Same, On the Duties of Proconsul, Book II. No one upon whom has been conferred the right to sentence an offender to death, or to any other punishment, can transfer his authority to another.