Provocatio
The Roman term for the appeal from the verdict of the magistrate to the decision of the
people.
Under the kings the court of appeal was the Comitia Curiata; after Servius Tullius, the
Comitia Centuriata. While, under the arbitrary rule of the kings, the right of appeal was
allowed, on the establishment of the Republic, in B.C. 509, this was imposed on the consuls as
a duty, and was repeatedly enjoined by special enactments in all cases where it was a question
of life and death, or of corporal punishment. The appeal was only valid within the city, and
the Pomerium, but not in the camp. Moreover, no one could appeal against the dictator. When
afterwards (B.C. 454), besides the consuls, the tribunes and aediles acquired the right
of imposing a fine (
multa, q. v.), a maximum limit was fixed for it, and
if that was exceeded, there was an appeal to the Comitia Tributa.
As this appeal was expected in all legitimate cases, trials of this kind were held
immediately before the Comitia concerned with such appeals; and after the verdict had been
pronounced by the magistrate presiding, it was either confirmed or reversed by the votes of
the people. About B.C. 195 the right of appeal was extended over the whole of Italy and the
provinces. After permanent courts for certain offences had been established, the
quaestiones perpetuae (see
Quaestio), the jurisdiction of the people, and with it the appeal thereto, became more
and more limited. For the provocatio under the Empire, see
Appellatio.