Although the sovereignty of the Roman people was limitless, it was not,
as a matter of fact, capriciously exercised. During the republic the
theory of provincial organization had been somewhat of the following
nature. Within any given territory contained in the limits of the
province, there existed a certain number of individual civic units,
which might take the form of city-states, territorial states of varying
extent, leagues of communities, kingdoms, tetrarchies, or hieratic
religious communes. Any or all of these might be gathered within a
single province, a word which is essentially abstract, and denoted a
magisterial function rather than a territory. Into the midst of these
_civitates_, this jumble of conflicting civic interests, there was sent
a representative of the sovereign Roman people, invested with
_imperium_, or supreme power, a term in which for Romans was the essence
of the higher magistracies. Since the provincial magistrate had no
colleagues, and since the tribunician check upon him was inoperative
beyond the first milestone from the city, the wielder of the _imperium_
outside of Italy was at law and often in fact an absolute despot for the
period of his office.
However, in theory his functions were divided as follows: first, he was
the only officer with jurisdiction over the Roman citizens temporarily
resident in the province; secondly, he kept the peace; thirdly, he
guaranteed the treaty rights of those communities that had treaties with
Rome; and fourthly, he enforced and maintained the local customary law
of all these communities. His judicial functions might include cases of
all these kinds, so that in rapid succession the praetor or propraetor
might be called upon to enforce the Twelve Tables and an ancient tribal
usage of the Galatian Tectosages.
The checks upon the holder of _imperium_ at Rome consisted in the
peculiar Roman theory of magistracy, one of the corollaries of which was
the right of any other equal or superior magistrate, or of any tribune,
to veto any administrative act. A second check lay in the right of
appeal in capital cases to the people. A third was found in the
accountability for every illegal or oppressive action. This
accountability however existed only after the magistracy had expired.
Public-domain text, read in full here on John Shaqi.
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