A jealous solicitude for the rights of the average citizen is a marked
trait of the Roman character. A clear understanding of what the rights
of the common man were and an ingrained purpose to protect him in
the exercise of them determine the development of judicial procedure
in Rome, of law, and of political organizations. Perhaps the Romans
have bequeathed to us no greater heritage than their conception of
citizenship. With them it was not a mere dogma of political philosophy,
set forth in the writings of idealists or incorporated in general terms
in declarations of rights. It was made a reality in everyday life by
law, by tradition, and by political reforms. It finds expression in
the first written law which the Romans had, that of the Twelve Tables,
and five centuries later we hear an echo of it in the historic claim
of St. Paul. This ideal has been before us through the ages, and has
been an inspiration and a guide to every true leader of democracy. The
laws of the Twelve Tables, of which mention has just been made, set
down in written form and in great detail an orderly procedure, which
must be followed in a judicial action, and thus informed a citizen
of his rights, and laid an obligation on the state to see that they
were observed. The Valerio-Horatian law a little later gave a citizen
the privilege of appealing in a capital case to the popular assembly.
The establishment of the tribunate provided a democratic official
to safeguard him against the arbitrary action of a magistrate. The
dictatorship, the “final decree of the senate,” and the other devices
which the state used under the republic to suspend the rights of
citizens were either done away with or hemmed in by constitutional
safeguards. Cicero brings his terrible indictment of the governor of
Sicily to a fitting climax with the charge that Verres had caused
a Roman citizen to be put to death, and turning to the man at the
bar he cries: _si tu apud Persas aut in extrema India deprehensus,
Verres, ad supplicium ducerere, quid clamitares, nisi ~te civem
esse Romanum~_? It is true that there were many slaves in the Roman
world, and that many freemen within its limits did not enjoy the full
rights of Roman citizenship until late in the imperial period, but
these facts do not weaken the point in which we are interested here.
Wherever he went a citizen had behind him the sovereignty of the Roman
state. Any community which wronged him must make restitution, or it
would feel the heavy hand of Rome. This Roman principle that a state
may protect its citizens even in a foreign land has been accepted by
modern nations and is jealously observed by them. In fact international
relations are concerned in large measure with the protection by a
state of its citizens or subjects residing in foreign countries. Their
passports certify to their citizenship. They may appeal to their
minister or ambassador when they think themselves wronged, and may
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account