Among the ordinary duties of the Council was that of receiving deputations from the provinces.85 But the most important part of its regular work seems to have been judicial. In serious cases, senators who did not belong to the Council were frequently called to assist.86 The technical term for a meeting of the Council was silentium; a meeting in which the Senate took part was called silentium et conventus.87 But the words et conventus were frequently dropped;88 and thus it becomes difficult to say in a given case whether a silentium means the Council only or the Council and Senate.89
It would seem that, while the Senate and Council continued to be formally distinct, the Senate came virtually to be a larger Council and met in the great hall of council, the Consistorium in the Palace. The Emperor, at his discretion, referred political questions either to this larger body or to a smaller body of functionaries which corresponded to the old Imperial Council. The chief occasions on which the Senate could exercise independent political action were when a vacancy to the throne occurred; but some cases are recorded in which it seems to have taken the initiative in recommending political measures.
CHAPTER II: THE ADMINISTRATIVE MACHINERY
WE pass from the constitution of the monarchy to the bureaucratic system of government which it created. This system, constructed with the most careful attention to details, was a solution of the formidable problem of holding together a huge heterogeneous empire, threatened with dissolution and bankruptcy, an empire which was far from being geographically compact and had four long, as well as several smaller, frontiers to defend. To govern a large state by two independent but perfectly similar machines, controlled not from one centre but from two foci, without sacrificing its unity was an interesting and entirely new experiment. These bureaucratic machines worked moderately well, and their success might have been extraordinary if the monarchs who directed them had always been men of superior ability. Blots of course and defects there were, especially in the fields of economy and finance:
sed delicta tamen quibus ignouisse uelimus.
The political creation of the Illyrian Emperors was not unworthy of the genius of Rome.
§ 1. Civil Administration
The old provinces had been split up by Diocletian into small parts, and these new provinces placed under governors whose powers were purely civil. A number of adjacent provinces were grouped together in a circumscription which was called a Diocese (resembling in extent the old province), and the Diocese was under the control of an official whose powers were likewise purely civil. The Dioceses in turn were grouped in four vast circumscriptions,1 under Praetorian Prefects, who were at the head of the whole civil administration and controlled both the diocesan and the provincial governors. This system, it will be observed, differed from the previous system in three principal features: military and civil authority were separated; the provincial units were reduced in size; and two higher officials were interposed between the Emperor and the provincial governor. Perhaps we should add a fourth; for the Praetorian Prefect (whom Constantine had shorn of his military functions) possessed, so far as civil administration was concerned, an immensely wider range of power than any provincial governor had possessed under the system of Augustus.
At the end of the fourth century, then, the whole Empire, for purposes of civil government, was divided into four great sections, distinguished as the Gauls, Italy, Illyricum, and the East (Oriens). The Gauls, which included Britain, Gaul, Spain, and the north-western corner of Africa, and Italy, which included Africa, Italy, the provinces between the Alps and the Danube, and the north-western portion of the Illyrian peninsula, were subject to the Emperor who resided in Italy. Illyricum, the smallest of the Prefectures, which comprised the provinces of Dacia, Macedonia, and Greece, and the East, which embraced Thrace in the north and Egypt in the south, as well as all the Asiatic territory, were subject to the Emperor who resided at Constantinople. Thus each of the Praetorian Prefects had authority over a region which is now occupied by several modern States. The Prefecture of the Gauls was composed of four Dioceses: Britain, Gaul, Viennensis (Southern Gaul), and Spain; Italy of three: Africa, the Italies,2 and Illyricum; Illyricum of two: Dacia and Macedonia; the East of five: Thrace, Asiana, Pontus, Oriens, and Egypt. Each of the diocesan governors had the title of Vicarius,3 except in the cases of Oriens where he was designated Comes Orientis, and of Egypt where his title was Praefectus Augustalis.4 It is easy to distinguish the Prefecture of the Oriens from the Diocese of Oriens from the Diocese of Oriens (Syria and Palestine); but more care is required not to confound the Diocese with the Prefecture of Illyricum.
The subordination of these officials to one another was not complete or strictly graded. A comparison of the system to a ladder of four steps, the Emperor at the top, the provincial governor at the foot, with the Prefect and the Vicarius between, would be misleading. For not only were the relations between the provincial governor and the Prefect direct, but the Emperor might communicate directly both with the governor of the diocese and with the governor of the province. Two provinces had a special privilege: the proconsuls of Africa and of Asia5 were outside the jurisdiction either of Vicarius or of Prefect, and were controlled immediately by the Emperor.6
The Praetorian Prefect of the East, who resided at Constantinople, and the Praetorian Prefect of Italy were in rank the highest officials in the Empire; next to them came respectively the Prefect of Illyricum, who resided at Thessalonica, and the Prefect of the Gauls. The functions of the Prefect embraced a wide sphere; they were administrative, financial, judicial, and even legislative. The provincial governors were appointed at his recommendation, and with him rested their dismissal, subject to the Emperor’s approval. He received regular reports of the administration throughout his prefecture from the Vicarii and from the governors of the provinces. He had treasuries of his own, and the payment and the food supplies of the army devolved upon him. He was also a supreme judge of appeal; in cases which were brought before his court from a lower tribunal there was no further appeal to the Emperor. He could issue, on his own authority, praetorian edicts, but they concerned only matters of detail. The most important Imperial enactments were usually addressed to the Prefects, because they were the heads of the provincial administration, and possessed the machinery for making the laws known throughout the Empire.
The exalted position of the Praetorian Prefect was marked by his purple robe, or mandyes, which differed from that of the sovran only in being shorter, reaching to the knees instead of to the feet. His large silver inkstand, his pen-case of gold weighing 100 lbs., his lofty chariot, are mentioned as three official symbols of his office. On his entry all military officers were expected to bend the knee, a survival of the fact that his office was originally not civil but military.
Rome and Constantinople, with their immediate neighbourhoods, were exempt from the authority of the Praetorian Prefect and under the jurisdiction of the Prefect of the City.7 The Prefect of Constantinople had the same general powers and duties as the Prefect of Rome, though in some respects the arrangements were different. He was the head of the Senate, and in rank was next to the Praetorian Prefects. While all the other great officials, even though their functions were purely civil, had a military character, in token of which they wore military dress and the military belt, the Prefect of the City retained his old civil character and wore the toga. He was the chief criminal judge in the capital. For the maintenance of further order the Roman Prefect had under his control a force of city