Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

9 6 3 PiiOVINCIA. I'P l Or IN CIA.
saris in tile Senatorian provinces, who collected does not appear that the religion of the provincial~s
certain dues of the Fiscus, which were independent was ever interfered with, nor had it been put ulnder
of what was due to the Aerarium. The regular any restraint in the Republican period.
taxes, as in the Republican period, were the poll- The constitution of Caracalla, which gave the
tax and land-tax. The taxation was founded on Civitas to all the provinces and towns of the Empire,
a census of persons and property, which was esta- merely affected the personal status of the people.
blished by Augustus. The Portoria and other dues The land remained Prosincial land, when the Jus
were farmed by the Publicani, as in the Repub- Italicum had not been communicated to it. and the
lican period. cities which had not received the Jus Italicum,
The governors of the Senatorial provinces and were immediately under the Jurisdictio of the
the legati of the Caesar received their instructions governors. This constitution however must have
from him, and in all cases not thus provided for made considerable changes in the condition of the
they had to apply to the Caesar for special direc- provincials, for when they all became Roman cititions. The Rescripta of the Emperors to the pro- zens, the Roman incidents of marriage, such as the
vincial governors are numerous. Justice wvas ad- Patria Potestas, and the Roman Law of succession
ministered in the provinces according to the laws in case of intestacy would seem to be inseparable
of the Provinces, and such Roman laws as were consequents of this change, at least so far as the
specially enacted for them, and according to ILu- want of the Jus Italicumn did not render it inperial Constitutiones, Senatmisconsulta and the applicable.
Edict of the governors. In some instances the The constitution of the provincial towns was
provisions of Roman laws were extended to the materially affected by the establishment of Deprovinces. (Gaius, i. 47 iUlp. F;'rey. xi. 20.) fensores, whose complete title is " Defensores CiviThe organization of the Italian towns under the tatis Plebis Loci." Until about the time of ConEmpire has been already explained in the article stantine, so far as the Pandect shows, Defellsor
COLONsIA; and the same observations apply in was the title of persons who were merely emngeneral to the Senates of Provincial towns which ployed in certain municipal matters of a temporary
have been made with respect to the functions of kind. In the year A. D. 365, the Defensores apthe Senates of Italian towns. Even in the pro- pear as regularly established functionaries. (Cod.
vinces the nIames Senate and Senator occur in the 1. tit..55. De Definsoribzss.) They were elected
sense respectively of Curia and Dec uriones, But by the Decuriones and all the city; but, inlike
there was a great distinction between the Magis- the magistratus, they could not be elected out of
tratus of Provincial and those of Italian towns. the body of Decuriones. The office was originally
The functions of these personages in the Provincial for five years, but after the time of Justinian oiily
towns were generally Munera (burdens) and not for two years. The principal business of the DeHonores. [HONORnES.] Such Honores as have fensor was to protect his town against the op-.
reference to religious functions they certainly had, pression of the Governor. (Cod. 1. tit. 55. s. 4.)
and probably others also; but they had nothing He aed a limited Jurisdictio in civil matters,
corresponding to the Duumviri Juri dicundo of the which Justinian extended from matters to the
Italian towns, that is, no functionary "'qui jus amount of 60 solidi to lmatters to the amount of
dicebat." The only exception were such towns 300 solidi. There was an appeal from him to the
as had received the Jus Italicumn, the effect of Governor. (Nov. 15. c. 5.) He could not impose
which, as elsewhere explained, appears to have a Multa; but he could appoint a Tutor. In cribeen, in brief, to give to a certain city and district mninal matters, he had only Jurisdictio in some of
the same character that it woulld have had, if the less important cases.
it had been a part of the Italic soil-; but only so The number of Senators both in the Italic and
far as affected the whole district; it did not affect provincial towns seems to have been generally one
the status of individuals. Freedom from the land- hundred; and this was the number in Capua. (Cic.
tax, and a free constitution in Italian form, with in Rtll. ii. 35.) But the nimber was not in all places
Duumviri J. D., Quinquennales, Aediles, and Juris- the same. Besides the actual ilmenlbers, the Album
dictio were essential ingredients of this Jus Italicum, Dec-lrionurn comprised others who wrere merely
Sicily received the Civitas after the death of C. honorary members. The Album of the town of
Julius Caesar, and fromi the occurrence of the men- Canusium, of the year A. D. 2023, which has been
tion of Duumviri in the inscriptions of a Sicilian preserved, consists of 148 members, of whom 30
town, Savigny draws the probable inference that were Patroni, Roman Senators, anmld 2 were Patroni,
the Sicilian towns received the Jus Italicum also: Roman Equites; the remainder were 7 quiniquenat least if inl any case, we can show that any pro- nalicii, a term which is easily explained by revincial city had Duumviri, we may conclude that ferring to the meaning of the term Qiuinqusenutlales
such city had the Jus Italicum and consequently [CoLoNIA], 4 allecti inter quinquennales, 22 duumMagistratus with Jurisdictio. The regular Juris- viralicii, 19 nedilicii, 21 pedani, 34 praetextati.
dictio in all the provinces was vested in the governor, The distinction between Pedauni and Praetextati
who exercised it personally and by his legati: Savigny professes himself unable to explain. In
with reference to his circuits in the provincia the many towns the first persons in the list of actual
governor in thelater ages of the Empire -was called senators wvere distilnguished fiom the rest, alnd
Judex Ordinarius and sometimes simply Judex. generally the first Ten, as Decemnprimi; of which
The towns which had the Jns Italicumn were, as there is an example in Livy (xxix. 15. magistratus
already observed, not under his immediate Juris- denosque principes); and in the case of Ameria,
dictio; though a right of appeal to the governor and of Centuripae in Sicily (Cic. pmro. Ros. Anmer.
from the judgment of the Dimmviri must be con- c. 9, Io Vee1'rem2, ii. 67).
sidered as always existing. The provincial towns It has been previously shown that at the tinme
had the management of their own revenue; and v when the Itomaln Rlspubllica had attained its comsome of the principal towns could coin money. It p!lete developements, Italia and the Provinciae were