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Full text of "Political Science Of The State"


refer the case, without examining it, to Rome.    In the senate's
provinces jurisdiction was intrusted to the governor's legates,
whose especial business this was ; in those of the emperor
if there were no legates for cases at law, who usually attended
on the emperor's legate, the latter with the help of his com-
panions took this business into his  hands.    The   criminal
jurisdiction also belonged to the provincial governor, but as
he could not inflict the penalty of death on a Roman citizen
the accused Roman could appeal to the people at Rome  or
under the empire to the emperors.    As for such as were not
Romans it was for the governor to decide whether he would
remit the case to the authorities at the capital or not.    And
in extraordinary cases, when delay might imperil the safety of
the state, he might decide and inflict a capital sentence on a
Roman, taking upon himself the risk.    Furthermore the empe-
ror's legates who commanded armies in their provinces had the
jus gladii> at least in reference to military affairs, over  Ro-
man citizens.    Such was the state of things under the early
empire.    But as citizenship began to be widdy extended  it
was in a manner necessary that the jurisdiction of the pro-
vincial governors should be enlarged.    Hence in the third
century, the jurisdiction in capital cases, which pertained in
theory to the emperor and to the senate, was committed to
all the governors, both of the senate's and of the emperor's
provinces ; but senators, members of councils in free towns,
with centurions and higher officers of the army, could still ap-
peal to the authorities at Rome.
The Roman proconsuls during the republic were under
very little control, and oppressions of the provinces were not
infrequent. When accused at Rome by deputations from
the provinces, they were often shielded by the judges
Under the emperors there was more fear of punishment on
account of oppression of the provincials ; thus the provinces
were more justly governed than before.
When the right of citizenship was offered to all the inhab-
itants of the Roman world by Caracalla, this measure had
some effect in extending Roman law and supplanting local;