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The Roman term for the appeal from the verdict of the magistrate to the decision of the people. Under the kings the court of appeal was the comitia curiata; after Servius Tullius, the comitia centuriata. While, under the arbitrary rule of the kings, the right of appeal was allowed, on the establishment of the Republic, in 509 B.C., this was imposed on the consuls as a duty, and was repeatedly enjoined by special enactments in all cases where it was a question of life and death, or of corporal punishment. The appeal was only valid within the city, and the pomerium, but not in the camp. Moreover, no one could appeal against the dictator. When afterwards (454 B.C.), besides the consuls, the tribunes and aediles acquired the right of imposing a fine (multa, q.v.), a maximum limit was fixed for it, and if that was exceeded, there was an appeal to the comitia tributa. As this appeal was expected in all legitimate cases, trials of this kind were held immediately before the comitia concerned with such appeals; and after the verdict had been pronounced by the magistrate presiding, it was either confirmed or reversed by the votes of the people. About 195 B.C. the right of appeal was extended over the whole of Italy and the provinces. After permanent courts for certain offences had been established, the quoestiones perpetuoe (SeeQUAeSTIO), the jurisdiction of the people, and with it the appeal thereto, became more and more limited. For the provocatio under the Empire, See APPELLATIO.
The Latin term for an appeal to a magistrate to put his veto on the decision of an equal or inferior magistrate. Thus a consul could be appealed to against his colleague and all other magistrates except the tribunes, but a tribune both against his colleagues and all magistrates whatsoever. Another thing altogether was the Provocatio (q.v.) under the Republic, an appeal from a magistrate's sentence to the People as supreme judge. During the imperial period the two processes run into one, for the emperor held united in his person both the supreme judicial function and the plenary power of all magistrates, particularly the tribunician veto, so that an appeal to him was at once an appellatio and a provocatio. This appeal, in our sense of the word, was only permitted in important cases; it had to be made within a short time after sentence was passed, and always addressed to the authority next in order, so that it only reached the emperor if no intermediate authority was competent. If the result was that the disputed verdict was neither quashed nor awarded, but confirmed, the appellant had to pay a fine. As the power of life and death rested with the emperor and senate alone, governors of provinces were bound to send up to Rome any citizen appealing on a capital charge.
The full kingly power among the Romans, the royal authority over all members of the state. It was conferred on the newly elected king by the comilia curiata, a formal assembly of the patricians comprising the curioe, and it consisted of the rights of levying the citizens for military service, of leading the army, of celebrating a triumph, of exercising civil and criminal jurisdiction, and of inflicting punishment on the citizens, whether corporal or capital, or such as affected either their property or their liberty. A symbol of this authority was the axe and the bundle of rods borne by the lictors. (See FASCES.) At the establishment of the Republic the imperium was transferred to the two consuls, as the successors of the kings; but the full power of the imperium was then limited by the fact that both possessed the same power, and that, in the penalties they inflicted in times of peace, they were subject to the right of appeal (see PROVOCATIO), and to the intervention of the tribunes of the people, after the institution of that office. When the consulship was deprived of its civil jurisdiction and the praetorship instituted for this purpose, the praetors also received the imperium; nevertheless it was more limited (minus) than that of the consuls, who, in contrast with the praetors and all other magistrates except the tribunes, had the right of ordering and forbidding. The imperium in its undivided and unlimited form was conferred on those who in exceptional cases were appointed dictators. It was also possessed by the interrex, but for five days only. For consuls and praetors the imperium could be "prorogued," i.e. prolonged beyond their time of office; but the imperium thus prolonged was finitum, i.e. bounded within the limits of their province. In the Republic it could also be conferred by means of the comitia curiata, but this act fell into a mere formality. Under the Empire the term imperium included the highest military authority, which resided in the emperor and was the foundation of all his power. It was taken up either at the instance of the senate or the troops. Its full validity depended on its recognition by both.
A territory acquired by the Romans outside the limits of Italy, subject to the payment of taxes and administered by a governor. Under the Republic, the organiza- tion of a conquered lands a province was managed by the conquering general, with the advice of a commission of ten senators, who were nominated by the Senate and received their instructions from that body. The previous administration was altered as little as possible, so far as it was not in conflict with the interests of Rome. The lex provincioe thus established fixed for the future the form of government. The first provinces were Sicily (from 241 B.C) and Sardinia with Corsica (from 231). Their number rose under the Republic to fifteen, i.e. (besides the two already mentioned), the two provinces of Spain (Ulterior and Citerior), Illyria, Macedonia, Achaia, Asia Minor, the two Gauls (Transalpina and Cisalpina), Bithynia, Cyrene and Crete, Cilicia, Syria. Their governors were either propraetors (at first praetors) or proconsuls. The Senate decided which provinces were to be consular, which praetorian; and the consuls and praetors had their respective provinces assigned to them by lot. In the case of the consuls this was done immediately after their election; in the case of the praetors, after their actual accession to office. When their year's office was completed, they proceeded as proclonsuls and propraetors to their provinces, and stayed there a year until they were relieved by their successors, unless, as frequently happened, it proved necessary to prolong their imperium.</sense> It was towards the end of the Republic (52 B.C.), that it became a rule that no consul or praetor should be allowed to be governor of a province until five years after he had ceased to hold his office. The Senate also settled for every governor his supply of money, troops, ships, and subordinates. These last included one or more legati, a quoestor, and a numerous staff. In the governor's hands was concentrated the entire administrative power over the province. He commanded the garrison troops, he had the right of raising a levy of Roman citizens and provincials alike, and of making requisitions to obtain the means for war. He also possessed jurisdiction in criminal and civil cases, in the former, with power of life and death, except that Roman citizens had right of appeal (provocatio). While it was carefully prescribed how much the governors could require from the provincials for the support of their person and attendants, their powers made it possible for them to enrich themselves by all manner of extortion, and this became the rule to a most extraordinary extent. Against such oppression the provincials had no protection, so long as the governor's office lasted. It was only on its termination that they could in earlier times lay a complaint before the Senate, which seldom led to anything; while, after 149 B.C., they had open to them the procedure of bringing a charge of extortion, which was attended with great difficulty and expense. (See REPETUNDARUM CRIMEN.) These extortions were repeated anew year after year, together with the exorbitant demands of the tax-collectors (see PUBLICANI); and the governors, when invoked against them, in spite of their authority, rarely ventured to interpose, from fear of the equestrian plutocracy. The result was, that, at the end of the Republic, the provinces were in absolute poverty. A real improvement in their condition was brought about by the regulations enforced under the Empire, when some provinces attained a high pitch of prosperity. In 27 B.C. Augustus divided the then existing provinces into imperial and senatorial. He entrusted ten, in a state of complete tranquillity, to the Senate; viz. Africa, Asia Minor, Achaia, Illyria or Dalmatia, Macedonia, Sicily, Crete with Cyrene, Bithynia, Sardinia, and South Spain. He took into his own hands the twelve which still required military occupation. These were: North Spain, Lusitania, the four provinces of Gaul (Narbonensis, Lugdunensis or Celtica, Aquitania, and Belgica), Upper and Lower Germany, Syria, Cilicia, Cyprus, and Egypt. Changes were made in this partition later on; but the provinces acquired after 27 B.C. fell to the emperor. For the senatorial provinces the governors were appointed on the whole in the ancient manner, i.e. by the lot, and for one year; but with this difference, that five, and afterwards ten to thirteen, years had to elapse after the consulship or praetorship before past consuls or past praetors proceeded to their provinces. The former received the provinces which were from the very first called consular, viz. Asia and Africa, the latter the others, which were praetorian; but both sets of governors alike were styled proconsuls, and were attended by the same retinue as heretofore. The imperial provinces, which became three times as numerous by the time of Trajan, were governed by the emperor himself through deputies whose continuance in office depended on the will of the emperor who appointed them. These deputies, according to the importance of the province, were either of consular or praetorian rank, legati Augusti pro proetore (see LEGATI), or procuratores (q.v.). Egypt alone, which was governed as an imperial domain, was under a proefectus(q.v.). The financial administration of the senatorial provinces was managed by quaestors; that of the imperial, by procurators, who also collected in the senatorial provinces the revenues directly due to the emperor. Augustus established a fixed stipend for all officers outside Rome, and thus afforded a real relief to the oppressed provincials. Considerable alleviation was also secured for them by the limitation to the employment of State tax-collectors. The same result was promoted by the longer continuance of the administration in the imperial provinces, and the greater facilities granted for bringing an indictment, by means of a regular procedure before the Senate. Moreover the emperor, after the proconsular power over all provinces had been conferred on Augustus, 23 B.C., ranked as the highest authority over all the governors, and heard complaints as well as appeals.
Type: Standard
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