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366

PROVINCIA.

of Plirygia, Ly,dia, Caria, and Mysia were con­fused, and that the Romans had added to the confusion, by not attending to the subsisting na­tional divisions, but making the administrative divisions different (ras <5iOi/cir/a-e(s), in which are the Fora (aySpas MS.) and the administration of justice. The word ay6pa probably represents Con-ventus (as to the reading, see Casaubon's note). The Conventus, it appears, were sometimes held (convenes acti) in the winter (Caesar, Bell. Gall. i. 54, vi. 44) ; but in Caesar's case this might be a matter of convenience. Cicero proposed to do the same in his province {ad Att. v. 14). The ex­pression " forum agere " is equivalent to " con-vontum agere." (Praetor Romanus conventus agit, Liv. xxxi. 29.}

The Conventus were attended by the Romans who were resident in the province, among whom were the publicani, and generally by all persons who had any business to settle there. The judices for the decision of suits were chosen from the per­sons who attended the conventus. Other acts were also done there, which were not matters of litigation but which required certain forms in order to be legal. In the case of manumission by per­sons under thirty years of age certain forms were required by the Lex Aelia Sentia, and in the pro­vinces it was effected on the last day of the Con­ventus (Gains, i. 20) ; from which it appears that Conventus means also the time during which busi­ness was transacted at the place " in quern conve-niebant."

The governor upon entering on his duties pub­lished an edict, which was often framed upon the Edictum Urbanum. Cicero when Proconsul of Cilicia says that as to some matters he framed an edict of his own, and as to others he referred to the Edicta Urbana. (Acl Att. vi. 1.) Though the Romans did not formally introduce their law into the provinces, and so much of it as applied to land and the status of persons was inapplicable to Provincial land and Provincial persons, great changes were gradually introduced by the edictal power both as to the forms of procedure and all other matters to which the Roman Law was ap­plicable ; and also by special enactments. (Gains, i. 183, 185, iii. 122.)

There was one great distinction between Italy and the Provinces as to the nature and property in land. Provincial land could not be an object of Quiritarian ownership, and it was accordingly ap­propriately called Possessio. The ownership of Provincial land was either in the Populus or the Caesar : -at least this was the doctrine in the time of Gains (ii. 7). Provincial land could be trans­ferred without the forms required in the case of Italian land, but it was subject to the payment of a land-tax (vectigal). Sometimes the Jus Italicum was given to certain provincial towns, by which their lands were assimilated to Italian land, for all legal purposes. With the Jus Italicum such towns received a free constitution like that of the towns of Italy, with magistrates, as decemviri, quin-quermales (censores) and aediles ; and also a juris-dictio. It was a ground of complaint against Piso that he exercised jurisdictio in a Libera Civitas. (Cic. de Prov. Cons. 3.) Towns possessing the Jus Italicum in IJispania, Gallia and other coun­tries are enumerated. The Latinitas or Jus Latii also, whic.h was conferred on many provincial towns, appears to have carried with it a certain

PROVINCIA.

jurisdictio ; and those who filled certain magis-tratus in these towns thereby obtained the Roman Civitas. (Strabo, p. 186, Casaub.) It is not easy to state what was the precise condition of tho Coloniae Romanae and Latinae which were esta­blished in the Provinces : if the name is a certain indication of their political condition, that is pretty well ascertained.

It has been stated that the terms Italia and Provinciae are opposed to one another as the com­ponent parts of the Roman State, after it had re­ceived its complete developement. Under the Em­perors we find Gallia Cisalpina or Citerior an in­tegral part of Italy and without a governor, the Provincial organization having entirely disappeared there. In the year b. c. 49 when Caesar crossed the Rubicon on his march towards Rome, it was a Province of which he was Proconsul, a circumstance which gives a distinct meaning to this event. Cicero still calls it Provincia Gallia at the epoch of the battle of Mutina. In the autumn of b. c. 43 D. Brutus the Proconsul of the Provincia Gallia was murdered, and from that time we hear of no more Proconsuls of this Province, and it is a reasonable conjecture that those who then had all the political power were unwilling to allow any person to have the command of an army in a dis­trict so near to Rome. The name Italia was how­ever applied to this part of Italia before it became an integral portion of the Peninsula by ceasing to be a Provincia. (Caesar, Bell. Gall. i. 54, v. 1, vi. 44, &c.; Cic. Phil. v. 12.) On the determination of the Provincial form of government in Gallia Cisalpina, it was necessary to give to this part of Italy a new organization suited to the change of circumstances, particularly as regarded the adminis­tration of justice, which was effected by the Lex Rubria de Gallia Cisalpina. The Proconsul of Gallia Cisalpina had the Imperium, but on his functions ceasing, the Jurisdictio was placed in the hands of local magistrates who had not the Impe­rium. These magistratus could give a judex ; in some cases their jurisdiction was unlimited ; in others it did not extend to cases above a certain amount of money ; they could remit a novi operis nuntiatio, require a Cautio in case of Damnum In-fectum, and if it was not given, they could grant an action for damages.

The Roman provinces up to the battle of Actium as enumerated by Sigonius are: Sicilia ; Sardinia et Corsica ; Hispania Citerior et Ulterior ; Gal­lia Citerior ; Gallia Narbonensis et Comata ; II-lyricum ; Macedonia ; Achaia ; Asia ; Cilicia ; Syria ; Bithyriia et Pontus ; Cyprus ; Africa ; Cy-renaica et Greta ; Numidia ; Mauritania. Those of a subsequent date which were either new, or arose from division are according to Sigonius: Rhaetia ; Noricum ; Pannonia ; Moesia ; Dacia ; Britannia ; Mauritania Caesariensis and Tingi-tana ; Aegyptus ; Cappadocia ; Galatia ; Rhodus ; Lycia ; Commagene ; Judaea ; Arabia ; Mesopo­tamia ; Armenia ; Assyria. The accuracy of this enumeration is not warranted. It will appear that it does not contain Lusitania, which is one of the two divisions of Hispania Ulterior, the other being Baetica: Lusitania may however not have had a separate governor. Originally the whole of Spain, so far as it was organized, was divided into the two provinces Citerior and Ulterior ; the division of Ulterior into Baetica and Lusitania belonged to a later period. Under Augustus Gallia was divide.!

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