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prorogatio : ウィキペディア英語版
prorogatio

In the constitution of ancient Rome, ''prorogatio'' was the extension of a commander's ''imperium'' beyond the one-year term of his magistracy, usually that of consul or praetor. ''Prorogatio'' developed as a legal procedure in response to Roman expansionism and militarization; the number of annexed territories and theaters of operations outgrew the number of elected officials available to take on military and administrative duties.〔Andrew Lintott, ''The Constitution of the Roman Republic'' (Oxford University Press, 1999.), p. 113 ff. (online. )〕
Although in theory prorogation fostered continuity under an experienced commander with "expert knowledge of local conditions," thereby increasing the chances of victory, in practice politics, often motivated by the ambitions of individuals, decided whose commands were extended.〔Miriam R. Pelikan Pittenger, ''Contested Triumphs: Politics, Pageantry, and Performance in Livy's Republican Rome'' (University of California Press, 2009), p. 77, note 35 (online ), with additional references.〕 Sometimes men who held no elected public office — that is, private citizens (''privati'') — were given ''imperium'' and prorogued, as justified by perceived military emergencies. By the Late Republic, prorogation of provincial assignments had become the norm; by enabling individuals to accumulate disproportionate military power and wealth, the practice contributed to the breakdown of constitutional checks and balances and to the civil wars that led to the collapse of the Republic.
==Constitutionality==
In his study of the praetorship in the Republic, T. Corey Brennan has argued that originally prorogation was of two types, granted either by the Roman People or by the Senate: a ''prorogatio'' was put to a vote by the People (''rogare'') to determine whether a provincial command should be extended; ''propagatio'' was an extension by the Senate in other cases. By the mid-2nd century BCE, the Senate had usurped the People's power, and eventually all extensions of ''imperium'' were called ''prorogatio''.〔T. Corey Brennan, ''The Praetorship in the Roman Republic'' (Oxford University Press, 2000), p. 603.〕 After the 190s BC, when the Senate no longer submitted its decisions on extending commands to a popular vote, the term ''prorogatio'' becomes a technical misnomer, since no ''rogatio'' (legislative bill) was involved.〔Harriet I. Flowers, ''The Cambridge Companion to the Roman Republic'' (Cambridge University Press, 2004), p. 45 (online. )〕
As Rome annexed more territories, its mechanisms of government had to evolve. A ''provincia'' was originally a task assigned to an official, the sphere of responsibility within which he was authorized to act, which might be specified geographically; when such territories were formally annexed,〔What precisely "formally" means in this sense is a subject of much scholarly discussion.〕 the fixed geographical entity was a "province." In the Early and Middle Republic, the "task" was most often a military command within a defined theater of operations, the physical borders of which were regularly transgressed. The English term "governor"〔The Latin word ''gubernator'' meant "helmsman, pilot."〕 is used to encompass several Roman titles as they pertained to provincial assignments, including ''consul'', ''praetor'', ''dictator'', ''pro consule'', ''pro praetore'' and “promagistrate.” A Roman governor had the right, and was normally expected, to remain in his province until his successor arrived, even when he had not been prorogued. According to the ''Lex Cornelia de maiestate'', a governor was then required to give up his province within 30 days.〔Andrew Lintott, ''Imperium Romanum: Politics and Administration'' (Routledge, 1993), pp. 46–47 (online. )〕 A prorogued magistrate could not exercise his ''imperium'' within Rome.〔Brennan, ''Praetorship'' p. 606. See also Fred K. Drogula, "''Imperium'', ''potestas'', and the ''pomerium'' in the Roman Republic," Historia 56 (2007) 419–452.〕
''Prorogatio'' has been characterized by modern scholars as a "dodge"〔Brennan, ''Praetorship'' pp. 598 and 602; see also "dodge" or "dodges" (''et passim''. )〕 or a "legal fiction"〔Harriet I. Flowers, ''The Cambridge Companion to the Roman Republic'' p. 57.〕 for maintaining the illusion that ''imperium'' was a property of the office and not the individual. In the Late Republic, the ''prorogatio imperii'' for supposed military crises provided one precedent for the legal maneuvering that permitted the multiple and sequential consulships of Gaius Marius in the context of the Cimbrian War,〔Lintott, ''Constitution'' p. 114.〕 as later when constitutional mechanisms were sought for consolidating the powers that created Augustus.〔W. Eder, "The Augustan Principate as Binding Link," in ''Between Republic and Empire'' (University of California Press, 1993), p. 98 (online. )〕
The nature of promagisterial ''imperium'' is complicated by its relation to the celebrating of a triumph as awarded by the senate. Before a commander could enter the city limits (''pomerium'') for his triumph, he had to lay aside arms formally and ritually, that is, he had to reenter society as a civilian.〔After his term as governor in Spain in the late 60s BC, for instance, Julius Caesar was awarded a triumph which he never got to celebrate; in order to register his candidacy for what would prove to be his first consulship, he had to meet a deadline for appearing in person in the city. The senate declined to allow him to register ''in absentia'', a privilege that had been granted to Marius when he was conducting wars abroad. Caesar thus had to choose between celebrating what would have been his first triumph, and running for the consulship. Rather than delay his political advancement, he gave up the ''gloria'' of the grand parade. Some biographers of Caesar have suggested that this insulting treatment by the senate, spearheaded by Cato, was one of the motivations in his drive for achievement, which had not been exceptional up to this point.〕 There are several early instances, however, of a commander celebrating a triumph during his two- or three-year term; it is possible that the triumph was held at the completion of his consulship (more rarely a praetorship) and before he returned to the field with prorogued ''imperium''.〔H.S. Versnel, ''Triumphus: An Inquiry into the Origin, Development and Meaning of the Roman Triumph'' (Brill Archive, 1970), p. 189 (online. ) This pattern is visible, for instance, in provincial commands and prorogations in Cisalpine Gaul during the Middle Republic.〕

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