Lex on Praetorian Provinces

Lex on Praetorian Provinces

The Roman administrative system changed after C. Gracchus' reform in the year 122 B.C.; this followed the introduction of a provincial reptundarum (Brennan, 2000). There was an annexation of new territorial provinces which lead to permanent developments in the city of Rome. Cilicia was annexed as a Roman provincie, which deemed it a self-contained administrative unit; this was seen in a special command during the late second century. M. Antonius, who was a praetor of 102, received a commission which was against the region's maritime pirates (Gargola, 1995). Antonius had crossed Pamphylia through a transit from Greece to Cilicia. With good weather, he had a legatus pro-praetor to bring the fleets behind him. This is important to know about when looking into the praetorian commander who first delegates imperium. The Cilician waters were then cleared of all pirates, this triumph was earned later in 100 (Gargola, 1995).

It was not long after Antonius' success that the Senate established a new praetorian provincial; Cilicia -- this was in order to combat piracy (Gargola, 1995). This was announced on the epigraphic document from Cnidus which was an important part of the previously known law. It is estimated that the new law, "Law on Praetorian Provinces," was probably during the late 101. According to the Cnidus inscription, a consul which is directed for the following year is instructed to complete a letter to various peoples and provinces which states that Cilicia was made in to a "praetorian province." This is so that Rome and all its allies were to know that to sail in waters near this place is safe. However, some still doubted the organization of Cilicia at that time, even after the publication of the document. It was in Rome's interest to make it known to all that the governance of Cilicia would be the same form of government as Asia; which was at that time a "praetorian province" (Gargola, 1995).

There is a broad outline of praetorian fasti for Cilicia which could have been constructed during the 90s and 80a; these points out an organized and administered praetorian provincial which dates back from the time of the Cnidus law.

Marcus Cicero's brother held imperium in Asia the senate which prolonged for another year due his term. Cicero told his brother that he sees no potential for business in the administration of Asia, and this was due to the dispensation of justice (Gargol, 1995). To model conduct in a well-off fashion, Cicero recommended an example of a praetor of Rome. A praetor at that time was a chief Roman judicial magistrate. Praetors were to govern provinces from abroad which were considered permanent. According to Brennan (2000), the praetorship "was the most important cog in the Roman administrative machine."

This praetorship was viewed in two different ways: it is a set of listings which state the known Republican praetors according to province and date, also it is a narrative which regards to the dissolution of the impertium which can be dated from the regal period onwards (Gargola, 1995). The king's imperium was transferred to the two consuls of 509 BC, as recounted by Cicero.

Consuls were the ones who were to be sent to war with neighboring countries. Because of this, there was no way to attend to the legal business in the city of Rome. In resolution to this problem, a praetor was created which was called the urban praetor. This was a way for jurisdiction to be exercised within the city. During this time, magistrates were seen settling matters which were concerned with matters of legal rights; this was done so that the citizens were to know that the jurisdiction for each magistrate would be exercised depending on the circumstances of the given matter.

"Polybius, Pomponius' intellectual superior, recognized prorogation to be an important senatorial prerogative" (Brennan, 2000). A prorogued consul is usually referred to as a pro-consul, which is generally a place of a consul. A prorogued praetor is referred to as a pro-praetor if he were to receive an enhanced imperium. According to the Ancient Roman Constitution, a prorogation is the extension of a commander's imperium if he were to extend his one year term of his magistracy (Lintott, 1999). The prorogation is seen as a developed legal procedure which is directly in response to Rome's goals of expansionism and their military system. This theory of prorogation only continued through the experiences and expert knowledge of a commander through his local experiences in different conditions; this is said to increase chances of victory (Lintott, 1999). Cicero referred to his brother as a praetor, Antonius was a praetor during 102 BC, then a proconsul during 101 BC, during 99 BC, he was a consul (Yarrow, 2005).

Praetors were to receive their provinces. When there was an unnecessary prolonging of their imperium, they may choose to stay in one place and receive new provinces through a senatorial decree or annual lot. Promagistrates were not able to hold urban provinces. In the span of one year, only six praetors were to be elected, this was seen from the year 146 BC. However, up to eight provinces had positions to be filled; the civitas was seen to require more magistrates than there were elected; this resulted in the need for prorogation to be routine. The newly elected praetors would draw lots each year for the city praetorships. The remaining praetors as well as the prorogued ones were to draw lots for the praetorian govern ships. An example of a prator in the city was Marius during the year 115 BC, he was allotted Spain for 114 BC; this was the earliest example of someone who was elected twice, then given the same province both times (Williams, 2001).

The Lex on praetorian provinces covers the governor's judicial responsibilities as stated in ibid:

"If the praetor or proconsul to whom the province of Asia or Macedonia shall have fallen abdicate from his magistracy, as described in his mandata, he is to have power in all matters according to his jurisdiction just as it existed in his magistracy, to punish, to coerce, to administer justice, to judge, to appoint iudices and recuperatores, [registrations] of guarantors and securities, emancipations, and he is to be [immune from prosecution] until he return to the city of Rome" (qtd. Brennan, 2000).