The Lex Porcia and the Development of Legal Restraints on Roman Governors

Abstract

This article argues that the lex Porcia of 100 BC represents a new and unprecedented move by the Roman senate to regulate the activities of its provincial commanders, and in particular to restrain its praetorian commanders from leaving their assigned provinciae. This was done in response to increasing competition for the consulship, which was driving praetorian commanders to engage in excessively aggressive campaigns in search of triumphs and honors. In particular, two praetorian commanders – M. Antonius in Asia and T. Didius in Macedonia – led their armies outside of their respective provinciae to engage in unnecessary military campaigning in the hopes of winning career-enhancing prestige. The senate reacted by passing the lex Porcia to prevent future praetorian commanders from emulating the actions of Antonius and Didius. The lex effectively codified the developing but as-yet unofficial distinction between «consular» and «praetorian» commands, marking an important development in the concept of the provincia.