A History of Rome During the Later Republic and Early PrincipateGreenidge, A. H. J. (Abel Hendy Jones)
History
A History of Rome During the Later Republic and Early Principate
Greenidge, A. H. J. (Abel Hendy Jones)
Rome -- History
The senate also permitted Drusus to propose a law for the protection of
the Latins, which should prove that the worst abuses on which Gracchus
dwelt might be removed without the gift of the franchise. The enactment
provided that no Latin should be scourged by a Roman magistrate, even on
military service.[689] Such summary punishment must always have been
illegal when inflicted on a Latin who was not serving as a soldier under
Roman command and was within the bounds of the jurisdiction of his own
state; the only conceivable case in which he could have been legally
exposed to punishment at the hands of Roman officials in times of peace,
was that of his committing a crime when resident or domiciled in Rome.
In such circumstances the penalty may have been summarily inflicted, for
the Latins as a whole did not possess the right of appeal to the Roman
Comitia.[690] The extension of the magisterial right of coercion over
the inhabitants of Latin towns, and its application in a form from which
the Roman citizen could appeal, were mere abuses of custom, which
violated the treaties of the Latin states and were not first forbidden
by the Livian law. But the declaration that the Latin might not be
scourged by a Roman commander even on military service, was a novelty,
and must have seemed a somewhat startling concession at a time when the
Roman citizen was himself subject to the fullest rigour of martial law.
It was, however, one that would appeal readily to the legal mind of
Rome, for it was a different matter for a Roman to be subject to the
martial law of his own state, and for the member of a federate community
to be subjected to the code of this foreign power. It was intended that
henceforth the Latin should suffer at least the degrading punishment of
scourging only after the jurisdiction and on the bidding of his own
native commander; but it cannot be determined whether he was completely
exempted from the military jurisdiction of the Roman commander-in-chief
--an exemption which might under many circumstances have proved fatal to
military discipline and efficiency. There is every reason to suppose
that this law of Drusus was passed, and some reason to believe that it
continued valid until the close of the Social War destroyed the
distinctions between the rights of the Latin and the Roman. Its enactment
was one of the cleverest strokes of policy effected by Drusus and the
senate; for it must have satisfied many of the Latins, who were eager
for protection but not for incorporation, while it illustrated the
weakness, and as it may have seemed to many, the dishonesty, of
Gracchus's seeming contention that abuses could only be remedied by the
conferment of full political rights. The whole enterprise of Drusus
fully attained the immediate effect desired by the senate. The people
were too habituated to the rule of the nobility to remember grievances
when approached as friends; the advances of the senate were received in
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