The Historians' History of the World 06

The word “provincia” is much older than those conquests outside Italy which we have hitherto designated with the name of provinces; it requires particular explanation. So long as the kingdom existed in Rome, the king was the sole exerciser of the imperium, that is to say, of unlimited military and judicial power. But with the beginning of the republic it was transferred to two consuls, from 367 B.C. it was in the hands of one prætor, from 247 B.C. in the hands of a second prætor; it therefore became necessary to define the limits of a power that was practically unbounded and was the appanage to each of these officials, to establish a definite sphere of action for each of them, the official designation of which is “provincia.” By provincia then we understand the area of activity specially assigned by law or by a senatus consultum or also by lot or accord to a consul or prætor, the area within which he exercises his imperium. In this sense we say consulibus Ligures provincia decernitur, and in this sense we call the office of the prætor urbanus provincia urbana and that of the prætor peregrinus provincia peregrina. No provincia is assigned to offices which do not possess imperium, for where there is mention of the provinces of the quæstors the provinces of the consul or of the prætor are meant to whom the quæstor acts as a subordinate official.

After the occupation of Sicily and Sardinia in the year 227 B.C. four prætors were appointed instead of two and the imperium was also geographically so marked out that in the newly defined districts two prætors received military and judicial powers, that is to say the old consular imperium, simultaneously, this moreover being shared by the remaining prætors and later on by the proconsuls and proprætors. From this time forward provincia becomes the designation for a governorship across seas and means first, in the abstract sense, command in a country outside Italy, secondly, in a concrete sense, the country subjected to the governor itself.

All provincial land is however distinguished from Italic land by the fact that it is subject to tribute, that is pays either vectigal or tributum; for at all events from the time of the Gracchi it is a recognised political maxim that property in a provincial dependency has passed to the Roman people, the original owners retaining only a right of user; so that the province is a prædium populi Romani whose revenues pour into the state exchequer. Accordingly one may define the province as an administered district of the Roman Empire, geographically marked out, committed to the control of a permanent higher official and subject to taxation. The obligation to pay taxes is so important a feature in the conception of the province that the historians, in treating of every country actually subordinated and made subject to taxes by the Romans, include it with the provinces, even if it was not yet incorporated in the Roman system of administration; and the dynasties in Cilicia and Syria although not directly subject to governors, are regarded as an integral part of the empire on account of their obligation to pay duty.

The organisation of the province at the time of the republic was directed upon instruction from the senate by the victorious general himself with the subsidiary aid of a commission of ten senators appointed by the senate for this object. The fundamental law of the province thus established (lex provinciæ) determined the character of the administration from that time forward, laws affecting private relations being adopted partly through Roman laws and partly through the edicts of the governor. The duties of the commission were concerned with the following points: First, there was a fresh parcelling out of the whole province into definite districts of administration with one of the larger towns, where such were available, for a centre; of such town dioceses there were about sixty-eight in Sicily, sixty-four in the three Gauls, forty-four in Asia, eleven in the Ora Pontica, the part of Bithynia that became a province in 63 B.C., six in Pontus Polemoniacus, twenty-three in Lycia, seventeen in Syria, five in Cyrene. The magistrates and the senate of these towns, although appointed for the affairs of their commune, are at the same time of use to the government in taking over the gathering in of taxes in the district assigned to them.