of need call in the assistance of the
governor. Their higher intelligence and disinterested character were in
such general credit that they had no little influence in the drawing up of
wills. But the State under Justinian was so far from regarding: this with
jealousy, that he ordered, if a traveller should die without a will in an
inn, the bishop of the place should take possession of the property, either
to hand it over to the rightful heirs, or to employ it for pious purposes.
If the innkeeper were found guilty of embezzlement, he was to pay thrice
the sum to the bishop, who could apply it as he wished. No custom,
privilege, or statute was allowed to have force against this. Those who
opposed it were made incapable of testing. Down to the sixth century[165]
we find no law of the Church touching the testamentary dispositions of
Christians. Justinian is the first of whom we know that he entrusted the
execution of wills specially to the supervision of bishops. That he did
this shows the great trust which he placed in their uprightness.

It was to be expected that bishops should have a special care for the city
which was their see.[166] Various laws of Justinian gave them here
privileges in which we cannot fail to see the foundation of the later
extension of episcopal authority and influence over the whole sphere of
secular life. With their clergy and with the chief persons in the city,
they took special part in the election of _defensors_ and of the other city
officers; so also in the appointment of provincial administrators. It was
their duty to protect subjects against oppressions from soldiers and
exaction of provision, as well as against all excessive claim of taxes and
unlawful gifts to imperial officers. A governor on assuming the province
was bound to assemble the bishop, the clergy, and the chief people of the
capital, that he might lay before them the imperial nomination, and the
extent of the duties which he was to fulfil. Thus they were enabled to
judge on each occasion whether the representative of the emperor was
fulfilling his charge. Magistrates, before entering on office, had to take
the prescribed oath before the metropolitan and the chief citizens. The
oath itself was an act made before God, and as such under cognisance of the
bishop. But special regulations enjoined him to watch over the whole
conduct and each particular act of the governor. If general complaints were
made of injustice, he was to inform