5) Provincial courts
Provincial courts were initially connected with the executive branch and were supervised by the Praefectus Praetorio.
In "protobyzantine" times the Governors of provinces had also the title of Iudex and acted as local judges of first degree.
Governors judged cases in the Praetorium with the help of the concilarii (aka advisors) who were trained as lawyers. Governors were forbiden to interfere in cases outside their province, also they were empowered to judge appeals from community leaders courts (see below)
At the same time community leaders were empowered to judge minor cases and impose small fines while serious cases were refered to the Governors.
The role of Districr Attorney was filled by the Defensor Civitatis who were elected by the Governors or the communities but their election had to be ratified by the Praefectus Praetorio or else it was null and void.
The mission of Defensor Civitatis was to protect the city/province from any illegal actions and oversee court procedures.
If someone filled an appeal against a decision of a province Governor this appeal would be judged by either the Vicarius (head of group of provinces) or the Praefectus Praetorio (whoever was closer).
However Justinian decreed that the Vicarius's court would judge lesser cases in the second degree while more serious cases would be judged by the Praefectus Praetorio, because people were crowded in the Vicarius's courts since they could appeal the decision to the Praefectus Praetorio if they didnt liked the outcome or the Emperor while the Praefectus Praetorio court decision was final.
After the institution of the Theme System the courts of the Vicarius and and the Praefectus Praetorio were abolished and their powers passed to the Praetor of the Theme who judged all non-military cases and the Strategos who was the top judge of the Theme and supervised all courts in it.
In cases of crisis the Strategos could empower some experienced lawyers to judge cases in the first degree whose decision were subject to appeal to the Praetor and the Theme's judges.
After 11th century the fragmentation of the Themes and the reorganisation of Judicial system by Manuel I provincial courts of 2nd degree were abolished and their functions passed to the 4 new Courts founded in Constantinople (see above) and after Andronicus II passed to the 4 Universal Judges of the Romans and remained that way till the end of the Empire.
In small themes/cities and communities a new law enacted by Alexius I allowed Episcopal courts to judge cases of family and inheritance law in an effort to relieve Constantinople's courts from the burden of lesser cases.
I will conclude Chapter III about Social life of citizens tonight and post it tomorrow...
Provincial courts were initially connected with the executive branch and were supervised by the Praefectus Praetorio.
In "protobyzantine" times the Governors of provinces had also the title of Iudex and acted as local judges of first degree.
Governors judged cases in the Praetorium with the help of the concilarii (aka advisors) who were trained as lawyers. Governors were forbiden to interfere in cases outside their province, also they were empowered to judge appeals from community leaders courts (see below)
At the same time community leaders were empowered to judge minor cases and impose small fines while serious cases were refered to the Governors.
The role of Districr Attorney was filled by the Defensor Civitatis who were elected by the Governors or the communities but their election had to be ratified by the Praefectus Praetorio or else it was null and void.
The mission of Defensor Civitatis was to protect the city/province from any illegal actions and oversee court procedures.
If someone filled an appeal against a decision of a province Governor this appeal would be judged by either the Vicarius (head of group of provinces) or the Praefectus Praetorio (whoever was closer).
However Justinian decreed that the Vicarius's court would judge lesser cases in the second degree while more serious cases would be judged by the Praefectus Praetorio, because people were crowded in the Vicarius's courts since they could appeal the decision to the Praefectus Praetorio if they didnt liked the outcome or the Emperor while the Praefectus Praetorio court decision was final.
After the institution of the Theme System the courts of the Vicarius and and the Praefectus Praetorio were abolished and their powers passed to the Praetor of the Theme who judged all non-military cases and the Strategos who was the top judge of the Theme and supervised all courts in it.
In cases of crisis the Strategos could empower some experienced lawyers to judge cases in the first degree whose decision were subject to appeal to the Praetor and the Theme's judges.
After 11th century the fragmentation of the Themes and the reorganisation of Judicial system by Manuel I provincial courts of 2nd degree were abolished and their functions passed to the 4 new Courts founded in Constantinople (see above) and after Andronicus II passed to the 4 Universal Judges of the Romans and remained that way till the end of the Empire.
In small themes/cities and communities a new law enacted by Alexius I allowed Episcopal courts to judge cases of family and inheritance law in an effort to relieve Constantinople's courts from the burden of lesser cases.
I will conclude Chapter III about Social life of citizens tonight and post it tomorrow...