Roman Provinces and Municipal Organization
Roman Provinces and Municipal Law
Provinces
To facilitate territorial organization, Rome divided newly acquired territories into provinces. The redactio in formam provinciae, or creation of a province, established the legal and administrative framework for the territory. This framework was defined by a lex provinciae, which outlined:
- The territory’s tax status
- The legal categories of cities
- Cities with immunity
Government, Judges, and Assemblies
During the Republic, the Iberian Peninsula was divided into Hispania Ulterior and Hispania Citerior, each governed by a governor. These provinces fell under Senate control in 197 BC, with two governors appointed to administer them, confirming the division along the saltus Castulonensis. At the start of their term, governors issued an edict outlining their rules of conduct. They were assisted by a quaestor for economic matters, legates for civil matters, and prefects for military matters.
In the early Imperial era, each province was commanded by a governor or proconsul. Imperial provinces, those recently acquired or not yet pacified, were governed by an appointed imperial governor, chosen from senators, former consuls, or former magistrates. They held civil and military jurisdiction, while financial matters were handled by imperial procurators. Later, under Constantine, the Empire was reorganized into dioceses, each overseen by a vicar.
City Classifications
There were three main types of cities within the Roman system:
- Colonies: New Roman settlements founded by a magistrate, often near existing urban centers, populated primarily by Roman citizens.
- Municipalities: Existing cities of pre-Roman origin that adopted Roman organization. Their inhabitants were mainly of Latino status, and their magistrates granted them Roman citizenship.
- Allied Cities: A diverse group of cities retaining their pre-Roman laws, which Rome respected unless they conflicted with Roman law. Over time, particularly during the Imperial era, these cities gradually integrated into the Roman model.
Laws of Colonies and Municipalities
During the Republic, few colonies were founded. Italic-Roman elements linked to the army received grants of Roman municipal organization. A policy of legal integration began under Caesar, focusing on highly Romanized areas like the Ebro and Guadalquivir valleys. This process accelerated in the Imperial era.
Laws of Colonies: The Lex Ursonensis, given in 44 BC by Mark Antony for the colony of Urso (modern Osuna), is an example. It addresses the colony’s organization, including religious, urban, and rural matters, decrees of the decurions, and judicial appointments. The Lex Ursonensis raises the question of a general framework law for founding colonies.
Laws of Municipalities: Several fragments survive from the period after Vespasian granted Latin rights, dated to the early 80s AD. These include the Lex Salpensana, Lex Malacitana, and Lex Irnitana, all from Domitian’s reign. Similarities suggest a single model ordinance, possibly adapted from an Augustan municipal law for Italian towns and later reformed under Domitian for provincial use.
Local Government: Magistrates and Curia
Roman municipal organization consisted of a Municipal Assembly, a Senate (Curia), and various magistrates. These institutions balanced and checked each other’s power. The Assembly elected magistrates, whose power was limited by the Curia, whose decisions the magistrates implemented.
1) Municipal Assembly: All eligible citizens participated in the Assembly. The Lex Malacitana details election procedures, including publishing candidate lists, nominations by the presiding magistrate (senior Duovir), and a minimum number of candidates. Initially considered an honor, candidacy later became a public duty.
2) Curia: This council of around one hundred members (number varied) consisted of former magistrates and prominent citizens. It served as an advisory, deliberative, and legislative body, binding magistrates with its decisions. Members had to be freeborn, at least twenty-five years old, possess a certain level of wealth, reside in the town, have a clean legal record, have held a prior magistracy (cursus honorum), and possibly pay a fee (summa honoraria).
3) Magistrates: These officials served one-year terms, worked in pairs, and were unpaid. They were elected by the Assembly and subject to scrutiny after their term. Eligibility requirements included being freeborn, at least twenty-five years old, possessing a certain level of wealth, residing in the town, having a clean legal record, and having followed the cursus honorum.