Province

PROVINCE, a term applied in ancient Rome (Lat. provin cia) to the sphere of duty assigned to one of the higher magis trates, the consuls and praetors (qq.v.). Only those magistrates who had military power (imperiurn) had a province. When the province of a quaestor is mentioned it refers to the province of the consul or praetor to whom the quaestor is subordinate.

When the government of conquered countries grew to be one of the most important duties of the higher magistrates, the term province, from designating the government of a conquered coun try as one particular duty of a Roman magistrate, came to be used generally as a designation of the country itself.

The provinces paid tribute to Rome, for it was a recognized principle that they were the estates of the Roman people and were to be managed for its benefit. The constitution of a province was drawn up by the victorious Roman general, assisted by ten commissioners appointed by the senate, and the province was governed on the lines laid down in this constitution or charter (lex provinciae). For administrative purposes the province was divided into districts, each with its capital, for judicial purposes into circuits (conventus) and in the chief town of each circuit the governor of the province held assizes.

The lands of cities captured by force of arms were turned into Roman domains, and were let out by the censors to private persons. Royal domains, such as those of Macedonia and Cyrene, were also confiscated. Communities which surrendered were usu ally allowed to retain their personal freedom and private proper ty; but all the lands were subjected to a tax, consisting either of a payment in kind (vectigal) or of a fixed sum of money (tributum, stipendium). It is to this class of communities (the civitates vectigales or stipendiariae) that the majority of the provincial states belonged. In a better position were those states whose freedom was guaranteed by Rome on the ground of old alliances or special loyalty. Their freedom was recognized either by a treaty or by a decree of the Roman people or senate. As a decree of the people or senate could at any time be recalled, the position of the free states without a treaty was more precarious than that of the treaty states (civitates foederatae). The latter enjoyed internal freedom, retained their lands, paid no taxes, and were bound to render those services only which were expressly stip ulated for in the original treaty. Amongst such treaty states were Massilia (Marseille), Athens, Rhodes and Tyre. The privileges of the free states without a treaty were somewhat similar. All political distinctions, save that between slave and freeman, dis appeared when Caracalla bestowed the Roman franchise on the whole empire (A.D. 2 I 2) .

Provincial Diets.—Every province had, under the empire, a provincial assembly or diet of its own (concilium or commune), and these diets are interesting as the first attempts at representa tive assemblies. The diet met annually, and was composed of deputies (legati), from the provincial districts. It arranged for the celebration of religious rites and games, especially for the worship of the emperor. The celebration was under the conduct of the high priest of the province. The diet also passed votes of thanks to the outgoing governor, or forwarded complaints against him to Rome; and it had the right of sending embassies direct to the senate or the emperor.

The Provincial Governor.

The provinces were administered by governors from Rome, who held office for a year. From the formation of the first provinces in 227 B.C. down to the time of Sulla (82 B.c.) the governors were praetors (see PRAETOR) ; from the time of Sulla to that of Augustus the praetors remained in Rome during their year of office, and at the end of it assumed the government 'of a province with the title of propraetor. A province which was the seat of war, or was in a disturbed state, was committed to the care either of one of the consuls for the year, or of a commander specially appointed for the purpose, with the title of proconsul. The senate determined which prov inces were to be governed by consuls and which by praetors, and the consuls arranged between themselves which of the provinces each should have, and similarly with the praetors. The Sempron ian law of 123 B.C. provided that the senate should nominate the two consular provinces before the election of the consuls, and that the consuls should, before their entry on office, arrange which of the two provinces each should have. The Pompeian law of 53 B.C. enacted that no one should hold the governorship of a prov ince till at least five years after his consulship or praetorship. This law was repealed by Caesar, but was re-enacted under Au gustus ; it severed the connection between an urban magistracy and the governorship of a province, and turned the latter into an independent office. A provincial governorship was regularly held for one year; but it could be prolonged by a vote of the people or a decree of the senate. The necessary supplies of men and money were voted to the governor by the senate. His staff in cluded one or more lieutenants (legati) and a quaestor (q.v.). Besides these the governor took with him young men of the up per classes to assist him in the government. These were known as the companions (comites) or suite of the governor. They were chosen by the governor himself, but they were maintained at the expense of the state, and under the empire, received regular pay. In addition there was a crowd of subordinates. Before setting out for his province the governor, clad in the purple military robe of his office, offered sacrifice on the Capitol; then immedi ately after receiving the imperium or military command he marched out of the city (for the imperiuin could only be exercised outside of Rome and was forfeited by staying in the city), preceded by his lictors and accompanied by his suite. His year of office began from the day he set foot in his province. In the hands of the governor all powers military and civil were united. He com manded all the troops in the province, and had power to raise levies of Roman citizens as well as of provincials, and to make requisitions of war material. He possessed both criminal and civil jurisdiction; as criminal judge he had the power of life and death, and from his sentence none but Roman citizens could ap peal; as civil judge he was guided partly by the charter of the province (lex provinciae), partly by the edict which it was custo mary for him to issue before his entrance on office (see PRAETOR).