The reform of the centuries. At some time subsequent to the creation of these last two tribes, very probably in the censorship of Flaminius in 220 B. C., a change was made in the organization of the centuriate assembly. The centuries were organized on the basis of the tribes, an equal number of centuries of juniors and seniors of each class being assigned to each tribe.[9] The reform was evidently democratic in its nature, as it diminished the relative importance of the first class, deprived the equestrian centuries of the right of casting the first votes—a right now exercised by a century chosen by lot for each meeting—and placed in control of the Assembly of the Centuries the same elements as controlled the Assembly of the Tribes.
The comitia an antiquated institution. But by the second century B. C. the Roman primary assemblies had become antiquated as a vehicle for the expression of the wishes of the majority of the Roman citizens, because with the spread of the Roman citizen body throughout Italy it was impossible for more than a small percentage to attend the meetings of the Comitia, and this situation became much worse [pg 110]with the settlement of Romans in their foreign dependencies. It was the failure of the Romans to devise some adequate substitute for this institution of a primitive city-state, which was largely responsible for the people’s loss of its sovereign powers. As it was, the assemblies came to be dominated by the urban proletariat, a class absolutely unfitted to represent the Roman citizens as a whole.
The allies of Rome in Italy. The Latin and Italian allies, with the exception of such as were punished for their defection in the war with Hannibal, remained in their previous federate relationship with Rome. However, the Romans were no longer careful to adhere strictly to their treaty rights, and began to trespass upon the local independence of their allies. Roman magistrates did not hesitate to issue orders to the magistrates of federate communities, and to punish them for failure to obey or for lack of respect. The spoils of war, furthermore, were no longer divided in equal proportions between the Roman and allied troops. Added to these aggravations came the fact that the allies were after all dependents and had no share in the government or the financial administration of the lands they had helped to conquer. But their most serious grievance was their obligation to military service, which was exacted without relaxation, and which, owing to reasons which we shall discuss later, had become much more burdensome than when originally imposed. It is not surprising, then, to find that by 133 B. C. the federate allies were demanding to be admitted to Roman citizenship.
However, it was not in Rome or in Italy, but in Rome’s foreign possessions that the important administrative development of the third and second centuries occurred.
II. The Administration of the Provinces
The status of the conquered peoples. The acquisition of Sicily in 241, and of Sardinia and Corsica in 238 B. C. raised the question whether Rome should extend to her non-Italian conquests the same treatment accorded to the Italian peoples and include them within her military federation. This question was answered in the negative and the status of federate allies was only accorded to such communities as had previously attained this relationship or merited it by zeal in the cause of Rome. All the rest were treated as subjects, not as allies, enjoying only such rights as the conquerors chose to leave them. [pg 111]The distinguishing mark of their condition was their obligation to pay a tax or tribute to Rome. Except on special occasions they were not called upon to render military service.
The provinces. At first the Romans tried to conduct the administration of Sicily, Sardinia and Corsica through the regular city magistrates, but finding this unsatisfactory in 227 B. C. they created two separate administrative districts—Sicily forming one, and the other two islands the second—called provinces from the word provincia, which meant the sphere of duty assigned to a particular official. And in fact special magistrates were assigned to them, two additional praetors being annually elected for this purpose. In like manner the Romans in 197 organized the provinces of Hither and Farther Spain, in 148 the province of Macedonia, in 146 that of Africa, and in 129 Asia. Subsequent conquests were treated in the same way. For the Spanish provinces new praetorships were created, “with consular authority” because of the military importance of their posts. But for those afterwards organized no new magistracies were added, and the practice was established of appointing as governor an ex-consul or ex-praetor with the title of pro-consul or pro-praetor. This method of appointing provincial governors became, as we shall see, the rule for all provinces under the republican régime.
The provincial charter. Although each province had its own peculiar features, in general all were organized and administered in the following way. A provincial charter (lex provinciae) drawn up on the ground by a commission of ten senators and ratified by the Senate fixed the rights and obligations of the provincials. Each province was an aggregate of communities (civitates), enjoying city or tribal organization, which had no political bond of unity except in the representative of the Roman authority. There were three classes of these communities: the free and federate, the free and non-tributary, and the tributary (civitates liberae et foederatae, liberae et immunes, stipendiariae). The first were few in number and although within the borders of a province did not really belong to it, as they were free allies of Rome whose status was assured by a permanent treaty with the Roman state. The second class, likewise not very numerous, enjoyed exemption from taxation by virtue of the provincial charter, and this privilege the Senate could revoke at will. The third group was by far the most numerous and furnished the tribute laid upon the province. As a rule each of the communities enjoyed its [pg 112]former constitution and laws, subject to the supervision of the Roman authorities.
The Roman governor. Over this aggregate of communities stood the Roman governor and his staff. We have already seen how the governor was appointed and what was his rank among the Roman magistrates. His term of office was regularly for one year, except in the Spanish provinces where a term of two years was usual. His duties were of a threefold nature: military, administrative, and judicial. He was in command of the Roman troops stationed in the province for the maintenance of order and the protection of the frontiers; he supervised the relations between the communities of his province and their internal administration, as well as the collection of the tribute; he presided over the trial of the more serious cases arising among provincials, over all cases between provincials and Romans, or between Roman citizens. Upon entering his province the governor published an edict, usually modelled upon that of his predecessors or the praetor’s edict at Rome, stating what legal principles he would enforce during his term of office. The province was divided into judicial circuits (conventus), and cases arising in each of these were tried in designated places at fixed times.