A history documentary on how the Roman Empire achieved the Pax Romana across the provinces. Get Surfshark VPN at https://Surfshark.deals/invicta and enter promo code INVICTA for 85% off and 3 extra months for free!
In this history documentary on law and order in ancient Rome we look specifically at peace in the provinces. To lay the groundwork for this discussion we first cover the history of the Roman provinces themselves starting with the first one in Sicilia following the First Punic War. We discuss how these worked in the Roman Republic and later evolved under the Empire with a split between what was an imperial vs a senatorial province.
Next we turn our attention to the Roman governors who ruled these provinces over the years and their chief duties of maintaining public order, dispensing justice, and collecting taxes. Public order largely had to do with the deployment of military forces in the form of the Roman legions, auxiliaries, garrisons, and militias to combat internal and external threats. The response to the Great Jewish Revolt and the ultimate siege of Jerusalem is one such extreme example. For the discussion of Roman law we talk about the idea of citizenship and rights with a case study by looking at the trial of jesus.
Stay tuned for more How They Did It episodes on daily life in the past and more episodes specifically on Law and Order in Ancient Rome.
Bibliography and Suggested Reading:
Law Making in the Later Roman Republic, Alan Watson, 1974. A Legal History of Rome, George Mousourakis, 2007. The Historical and Institutional Context of Roman Law, George Mousourakis, 2003. Roman Law in Context, David Johnston, 1999. Roman Law: An Introduction, Rafael Domingo, 2018. Historical Introduction to the Study of Roman Law, HF Jolowicz and Barry Nicholas, 1972. An Introduction to the Principles of Roman Law, P. Van Warmelo, 1976. The Cambridge Companion to Roman Law, ed. David Johnston, 2015.
The Roman peace was one of the most cherished accomplishments of the empire.
But just how did they accomplish this level of law and order across the equivalent of nearly 50
modern countries? Thus far in this series, we have looked to answer this question from a wide
variety of perspectives such as the law, the courts, the police, the jails, and more. However,
most of these have had their scopes limited to what went on around the city of Rome itself.
Today, we will broaden our horizons by seeing how the Roman Empire maintained peace in the provinces.
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plus 3 extra months for free. So just what are we talking about here when we say the provinces?
Well, these were basically administrative regions that came into being as Rome expanded.
Initially, such areas were quite poorly defined. For instance, when Rome first took over Italy,
it did not simply occupy pre-defined hexes on a map as one might do in a video game. Rather,
control was imposed through a web of treaties between allied and subjugated communities,
with Rome acting as a central, unifying hub. Thus, there was really no province as we would
think of it today. Instead, in this period, the Latin term provincia referred simply to
the land that was a general's responsibility rather than any standard administrative structure.
However, as Rome continued to expand, the question of how to treat new territories kept coming up.
While these were being disputed militarily, such theaters of war would be assigned armies
and magistrates to carry out the conflict for a set period of time. Once such lands were conquered,
it proved convenient to just reuse the wartime jurisdictional bounds and duties. For instance,
following the First Punic War, Rome found itself now in control of the Mediterranean islands of
Given their relatively far distance from Rome and geographical isolation,
it just made sense to lump these lands together as a package and assign someone to deal with them.
Thus, Rome's first province of Sicilia was born, followed shortly by the provinces of Sardinia at
Corsica. The rest of the republican provinces would be formed in a similar manner. Each would
be overseen by a governor who held imperium granted by the senate, and who was assisted
by a small staff. These magistrates were generally consuls or praetors who served for one-year terms.
However, as the number of provinces increased, it wasn't uncommon for other Romans to be given the
assignment or for individuals to serve multiple years in these positions. Following the civil
war at the end of the first century BC, the provincial system would undergo some changes
as the republic turned to empire. When Augustus took power, for instance, he monopolized many
of the roles which had previously existed under the republic and was made governor of many regions.
These domains would become the imperial provinces which were ruled by representatives of the emperor.
The remaining territories became senatorial provinces which were governed by proconsuls
appointed by the senate. Generally speaking, imperial provinces were those by the borders
which often had legions attached to them, while senatorial provinces were those on the interior
with little to no legionary presence. Over time, the definition of these provinces would change
as new lands were added or existing ones were reorganized. So what was the point of all that?
Well, this structure is important to understand as it forms the basic administrative system by
which peace was maintained in the provinces. After all, while the Roman government may have spread
wide, it did not go very deep. Beneath the surface of each province would remain much
of the local administration that had existed before. In many cases, cities, villages, and hamlets
away from the Italian peninsula were left to rule themselves, but with a Roman flair. They were often
responsible for managing their own communities, with appeals to the higher authorities being
relatively rare and particularly noteworthy. Oftentimes, the attention of the Roman state
regarding internal public order was not a thing that these communities wanted.
Autonomy was highly prized, and imperial interference often led to unwelcome change.
With all this framework in mind, let's now look at the various levels of law and order
that trickled down to the average person of the provinces.
The highest level of authority at the province level was the governor. They would be helped by
a staff of assistants and advisors whose numbers varied based on the importance of the province
and of the magistrate. These would generally reside in or around one of the large, strategically
located cities of the region. However, the governor and his entourage were by no means
constrained to such locations and often traveled around the province to conduct their activities.
These duties primarily included the maintaining of public order, justice, and taxation. If they
had questions, needed clarification, or were particularly hesitant about a certain point of law,
they often sent letters to the emperor to receive official approval. Amazingly, we actually have
records of some of these, which are fascinating to read. Here's an exchange between Pliny the
Younger and Trajan. I'll read you some portions. Pliny begins,
It is my practice, O Lord, to refer to you all matters concerning which I am in doubt.
For who can better give me guidance to my hesitation or inform my ignorance?
I have never participated in trials of Christians. I therefore do not know what offenses it is the
practice to punish or investigate, and to what extent. And I have been not a little hesitant
as to whether there should be any distinction on account of age, or no difference between the very
young and the more mature. Whether pardon is to be granted for repentance, or if a man has once
been a Christian, it does him no good to have ceased to be one. Whether the name itself, even
without offense, or only the offenses associated with the name, are to be punished. Meanwhile,
in the case of those who were denounced to me as Christians, I have observed the following procedure.
He then goes on to describe in detail his current actions and intended plans. To this Trajan replies,
You observed proper procedure, my dear Pliny, in sifting the cases of those who have been
denounced to you as Christians. For it is not possible to lay down any general rule to serve
as a kind of fixed standard. They are not to be sought out. If they are denounced and proved
guilty, they are to be punished. With this reservation, that whoever denies that he is
a Christian and really proves it, that is, by worshiping our gods, even though he was under
suspicion in the past, shall obtain pardon through repentance. But anonymously posted accusations
ought to have no place in any prosecution. For this is both a dangerous kind of precedent
and out of keeping with the spirit of our age. Here is another letter from the Emperor Commodus
to the city of Boubon. It starts with a 66-word list of his titles and a 10-word greeting. He then
states, I have commended you for your zeal and bravery, and I have endorsed the decision
of the Federal Council of the Lycian League. For you set out with such great zeal to catch
the brigands and you defeated them, and either killed or took them captive, and the Lycian League
acted justly when, in response to those deeds, it bestowed upon you the appropriate honor of
increasing your vote by one. This was bound to enhance your reputation, and it made others more
eager toward such brave deeds. I have therefore confirmed the decision taken at the sitting of
the federal body and have permitted you to be counted henceforth among the cities that own
three votes. The embassy was undertaken by Meliagar, son of Meliagar, grandson of Ardemon.
Be happy. I love these letters and the insight they give us on the pulse of the empire. As you
can see, they highlight the numerous sorts of local issues people had to deal with. Let's now
take a look more specifically at how the issues of public order, justice, and taxation were handled
for a province. When it came to public order, this generally meant the deployment of military force.
The governor held imperium and thus would have command of all the troops in the province.
These might include some combination of legions, auxiliaries, garrisons, and militias. I should
however note that reforms of the late empire would introduce the use of border and field
units which changed how the military command structure worked. Regardless, most of the time,
the governor would be the one to wield the sword of Rome. This would be used to fight foreign and
domestic threats. Governors for instance were expected to deal with enemy raids and even
invasions. However, if things got too intense, they could expect to receive backup from other
commanders or the emperor. Internally, the military might be used to squash rebellions,
root out bandits, or suppress a disruptive cult. The brutality of such activities could
be quite terrifying as is evidenced by the response to the great Jewish revolts.
However, not all events rose to such high levels of importance. There were constantly mid to low
level threats scattered across a province and it was impossible for the governor to be everywhere
at once. Therefore, many cities and especially small municipalities were as responsible for
their own defense against smaller issues as the governor was for the region as a whole.
Such local forces, especially in the east, were often organized into bands led by Aranarchs who
were mostly wealthy, young men of cities and towns. Their troops and any assisting militias
would be instrumental in clearing local bandits, capturing outlaws, and conducting limited detective
work related to crime. The position of Aranarch was therefore a powerful and desirable one.
Their word was generally taken as the final say in any case and governors usually deferred to
their decisions on matters. As with any other policing force within the Roman world though,
this one was rife with abuse and the Aranarchs could often be little better than bandits
themselves during their tenure. This fact and the relative independence of communities could
cause trouble. Towns often did not get along with their neighbors and disputes between them
could lead to open conflict over things like sports rivalries, boundary disputes, competing gods,
or even simple ancestral disagreements. The governor of course attempted to maintain
relative peace between them, but that was only possible to some degree.
In one particular example, a man's donkeys were stolen. He and a local guard were able to track
the thieves to the nearby town of Bacchius and found the thieves. As they were apparently about
to catch them and make their arrest however, the local guards of that town swarmed on top of the
two, beating them severely and throwing them in prison for three days. When they were finally
released, the thieves had obviously fled. In such cases, it would often be the Roman governor or one
of his representatives who would mediate and ensure the restitution for the injured parties.
To keep things under control and help out, the Roman military might also send a small detachment
of men to a town. For instance, we have numerous examples of centurions being assigned to training
the local militia and watchmen. This could be anything from managing the traffic in and through
a city to helping a town defend itself against a particularly irritating group of nearby bandits.
All this being said, just as today, there was no way to ensure perfect public order.
Small, petty crimes often went unpunished. For these, the Romans often turned to magic and
superstition. For instance, talismans were a commonplace item thought to protect the bearer
against various forms of harm. If something did happen, often the first response would be to lay
a curse upon the perpetrator whether or not their identity was known. Curse tablets are a common find
in Roman towns and cities and could be for anything from someone hurting a person's business
to spreading gossip to stealing someone's clothes while they were in a bath.
In some cases, citizens banded together to police themselves, established night watches,
and institute fire brigades. However, Roman magistrates would keep a wary eye on such
groups that could potentially cause trouble, sedition, and eventually rebellion. After all,
the governor was responsible for the maintenance of the status quo within his province.
He represented the ultimate stability of Rome, and this image had to be maintained at all costs.
Let us now discuss the other primary duty of the Roman governor, dispensing justice.
This principle in and of itself can be quite complicated when you consider the incredibly
diverse nature of the Roman Empire. Its inhabitants were divided into different
classes of citizenship, each of which carried with them certain rights and privileges.
These included things like the right to vote, run for public office, hold property, marry,
have a trial, sue in court, and enjoy a whole host of other benefits. It could all be quite confusing.
Thus, to facilitate things early on, the Romans actually adopted a form of international law
which could be applied widely and helped level the playing field somewhat.
Most of the time though, local, native laws ruled day-to-day life for those in the provinces.
However, as Rome settled into its role as a cosmopolitan empire, it would increasingly
open the doors to its citizenship. In fact, in 212 AD, the Emperor Caracalla issued an edict
which declared that all free men in the empire were to be given full citizenship and all free
women were given the same rights as Roman women. Thus, we see that the exact type of
justice to be administered by a governor varied throughout history. Generally speaking though,
when they did get involved, it mostly came in the form of setting up judicial proceedings
to hear and judge cases. Oftentimes, these were held in the governor's court,
but could also be set up remotely when the magistrate toured his domains.
In these trials, the governors held supreme authority and were, for example,
the only ones vested with the power to impose capital punishment. Those with sufficient rights
could challenge a ruling, but this proved incredibly burdensome, as the appeal would
have to be presented all the way in Rome before either the Praetor Urbanus or the Emperor himself.
Cases were therefore best won by calling on allies with deep pockets or friends in high places.
It should be noted though, that not all cases were tried before the Roman governor.
As was the case with public order, much was handled on the local level according to the
customs of the specific community. A good example of this whole process in action is with the trial
of Jesus as told by the Bible. In this case, Pontius Pilate was the governor of Judea who
was currently in Jerusalem to oversee the celebration of Passover. Roman-Jewish relations
were incredibly strained at the time and both he and the local authorities were wary of anything
that might spark a riot. Thus, when Jesus entered the city being hailed as king, the local authorities
hauled him before the Romans lest they face any backlash for the situation spiraling out of
control. The Jewish leaders met Pontius Pilate by his judgment seat near the Praetorium. Here,
they accused the rabble-rouser of several charges, the most serious of which was sedition.
Pontius Pilate, however, was weary of getting involved in this sensitive case and tried to
Herod, likewise, rejected the case, sending it back to Pontius Pilate, at which point the Roman
began a hearing. We have no records of the proceedings but it seems that the governor
questioned Jesus and eventually asked the crowd whether they wished Jesus or another to walk free.
When they chose the other man, the order was put out for the crucifixion of Jesus.
In the eyes of Rome, this was a success. The governor had ensured a peaceful Passover at the
cost of a Jewish peasant's life. This episode goes to show how stability was often the guiding
principle behind law enforcement rather than true justice. The last major duty of the governor was
taxation. The way this worked in the republican period is that the governor and his financial
officials first estimated the approximate tax to be extracted from a region. This included how
much was to be sent back to Rome and how much was to be used to support the troops stationed in the
region. However, once the figure was derived, the government actually outsourced the collection
process. The way this usually worked is that an auction was held whereby private contractors
would bid on the job. These publicani would promise the government a lump sum upfront in
exchange for the right to earn a profit by taxing the province an even higher amount.
Such tax farming inevitably led to ridiculous amounts of corruption,
exploitation, and oppression that eventually led many provinces to the brink of revolt.
Thus, in the imperial period, the system was reformed both as a way to increase law and order
and also to limit the ability of governors to enrich themselves at the expense of the emperor.
The model of this new system was one of direct taxation, largely based on wealth. Its
implementation was regulated by contracts which laid out the sums to be collected by a town or
local magistrate at each harvest. While still prone to abuse, it was a far more efficient and fair
system. The role of the governor was thus to levy the required taxes and make sure the dues were
paid under threat of legal or military action. Lower-level Roman officials or their local
counterparts would be the ones to get this done on the ground level. Such activity often involved
authorities patrolling commercial centers to collect taxes, prevent fraud, ensure safety,
and enforce regulations. As might be expected, the play between merchants and the authorities
became quite the game of cat and mouse. Generally, a patrol to check the measures would
be sent out at a fixed time. In response, businesses would attempt to close shop before
inspectors made it to their establishment. Other times, the authorities would attempt to collect
taxes only to have merchants claim they had already paid the amount due or simply try to
bribe the official. However, such games could only go so far. If the merchants pushed their
luck too much, they risked being beaten or brought to court. In the end, we see that peace in the
provinces was achieved through the combined efforts of Rome's governors and local authorities.
It was an efficient, administrative system which was light enough to allow communities to
self-regulate, yet firm enough to maintain stability. This was a marvel of its time,
which lay the foundations for one of the longest-lived empires in history. Yet we should
be wary of viewing the past with rose-tinted glasses. The law and order practiced by the
Romans was above all else a system built around maintaining the status quo through force. It was
a system that sacrificed the few for the many on the altar of peace, and which led to the
brutalization of countless minority groups like the ancient Christians. We would do well to heed
this lesson and ensure that our own systems of law and order work to the benefit of all.
I know that the recent movement against police brutality has been an eye-opening moment for
myself and that will shape history in profound ways to come. Stay informed, stay engaged, and
don't let us forget the errors of our past. A huge thanks is owed to our patrons for funding
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