History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
Before conferring on a town the full rights of Roman citizenship,
inquiry was made whether it would accept them or not. On consent
being given, and, to use the legal phrase, _ubi fundus ei legi
factus erat_, the concession took place. Its principal
consequences were these: municipal rights, interests and offices,
in that town, were then separated from political rights, interest
and offices. The former remained in possession of the town, and
were exercised on the spot by the inhabitants, with entire
independence: the latter were transferred to Rome, and could be
exercised only within its walls. Thus, the right of making peace
or war, of passing laws, levying taxes, and administering
justice, ceased to belong to the _municipium_ individually;
but the citizens shared these rights, and exercised them at Rome
in common with the citizens who inhabited Rome; they repaired
thither to vote at the _comitia_, both upon the laws and
upon appointments to magisterial functions: they sought and might
obtain all the offices of the State. The city of Rome possessed
the privilege that these political rights could be exercised only
within its walls. Its inhabitants possessed no privilege above
those of the _municipia_.
The rights, interests, and offices, which we now call municipal,
and the entire disposal of which was secured to each locality,
are nowhere regularly distinguished and enumerated. At this
degree of civilization, neither the rulers nor the ruled feel the
necessity of foreseeing, defining, and regulating everything;
they trust to the good sense of mankind, and to the nature of
things. History, however, indicates the principal prerogatives
which continued local.
{183}
1. Worship, religious festivals, and ceremonies. Not only did
each town retain its ancient usages and independent authority
in this respect, but the Roman laws watched over the
preservation of these rights, and even made it a duty. Each
_municipium_, therefore, had its own priests and flamens,
as well as the right of choosing them, and of regulating all
matters in relation thereto.
2. Every _municipium_ also possessed the administration of
its own private property and revenues. In ceasing to be a
political personage, it became a civil personage. Public
edifices, whether devoted to purposes of utility or of
pleasure, festivals, local and general amusements, all expenses
of this kind, and all the revenues by which they were defrayed,
continued to be absolutely local matters. The inhabitants
appointed the magistrates who were charged with these
functions.
3. The police also remained, to a certain extent at least, in
the hands of the local magistrates; they had to watch over the
internal security of their town, and provisionally to arrest
those who disturbed its peace.
Public-domain text, read in full here on John Shaqi.
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