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The Imperial Bureaucracy

Trajan transformed the imperial administration from a domestic staff (for instance, Claudius had often used his own freedmen) into a civil service, with a career to be followed through various levels, as well as remuner­ation.

The emperor himself was assisted by prefects, a council, secretaries, other officials, and offices (scrinia). This administration was accompanied by the development of an administrative law, which followed the same procedure and route of appeal as did private and criminal law. Broadly speaking, the tasks of the central administration were safeguarding public order and taxation (later, this became largely an imperial task itself: see Section 9); providing justice; defending the realm; providing and main­taining the main roads and state communications (the postal system); and safeguarding the provision of public distributions in Rome (later on in Constantinople, and also in Alexandria and Carthage). At a provincial level these tasks fell to the governors of the provinces, who if there were troops stationed there were at the same time military commanders (in the principate not all provinces had legions stationed in them). They reported straight to the emperor. The praetorian prefects were in charge of the provincial administration including taxation. In the fourth century we also find among others the comes sacrarum largitionum for the state treasury and the comes privatarum rerum for the management of the imperial domains, while the quaestor sacri palatii was responsible for drafting legislation (previously this had been done by the praetorian prefects). The provision of the public distributions in Rome was under the supervision of the prefect for the annona. Rome itself was governed by the urban prefect, as later was Constantinople. These prefects were, like the governors, formally lieutenants for the emperor.
Elaborate rules regulated the organi­zation and competences of these offices.

This does not mean that there was no corruption or bribery in the Roman empire or abuse of power: on the contrary, already in the republic a statute had been passed against corruption; later came the lex Iulia de repetundis; and the emperors repeatedly issued measures against corrupt practices, such as in AD 414: ‘With remedies well planned Our Clemency provides against the dissimulation and the petty corruption (corruptela) of the offices of the prefect of the city and of the prefect of the annona.’ In this case the context was covering up (naturally for payment of money) that a shipmaster had delivered less public grain in Ostia than he should have. The guilty officer was to be sent to Africa. If the prefect of the annona allowed the shipmaster to delay his case (in the hope, of course, of permanently delaying it), he and his office were to be fined five pounds of gold.17 Sometimes the emperor admitted his own helplessness: ‘But since very often in some cases we are so constrained by the shameless greed of petitioners for such [confiscated] property that we even grant requests which should not be allowed.’18 A corps of officials, the agentes in rebus, was set up in the fourth century to inspect the functioning of the admin­istration and to spy; unfortunately they often abused their position. So corruption was repudiated, one could try to seek redress against admini­strative abuse, and redress was given - but how often we do not know. Lower down the scale, recourse to a more powerful person could always help against a local potentate, as long as the latter was not too well connected higher up in the system. The rise of bishops as arbiters may indicate that they offered better prospects at the lower levels of the system. But in the end the large number of rescripts in Justinian’s Code which are reproduced from the Gregorian and Hermogenian Codes (dating from about AD 293 and after AD 294 respectively) testify that at least in the first three centuries the system of appeal and petition must have provided redress to the people at large. In the fourth century the emperors relied more on internal checks, as the legislation on this point shows.

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Source: Johnson David (ed). The Cambridge companion to Roman Law. Cambridge University Press,2015. — 554 p.. 2015
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