Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
_curia_;[18] but it is probable that in the prehistoric period they
became clients, immediately of the king to whom they had made their
subjection, ultimately perhaps of patrician houses to which he chose to
attach them as dependants.[19] In all these cases clientship may have
been the original lot of the Plebeian; but this could hardly have been
the fate of the immigrant who moved to Rome from a city which already
possessed the _jus commercii_ with that state, and by the exercise of the
right of voluntary exile from his native land (_jus exulandi_) claimed
the Roman _civitas_. The existence of such relations between Rome and
cities of the Latin league is attested for a very early period, and they
may even have been extended to cities outside the league.[20] As the _jus
commercii_ implies the right of suing and being sued in one’s own person
before Roman courts, there seems no reason why such an immigrant should
make application to a Roman patron;[21] but, if he did not, he was in
the chief aspects of private law a perfectly free man, and illustrated
a status to which the quondam-client must from an early period have
tended to approximate. Where the right of intermarriage (_jus conubii_),
as well as the right of trade, was guaranteed in a treaty between Rome
and some other town, it is questionable whether this gift ever implied
the possibility of matrimonial union with members of the Patriciate. It
is at least certain that, at the time of the Twelve Tables (451 B.C.),
and therefore probably from a very early period, a disability common to
all the Plebeians was that they might not intermarry with members of
patrician clans. Yet, although there was this great gulf parting the
two orders, it was possible for either class to be transferred to the
status of the other. We shall see that tradition represents a vote of
the Patricians in their assembly as a means sufficient to recruit their
order by the addition of a new family; while, after the Plebs had evolved
an assembly of its own, a _transitio ad plebem_ might be effected by an
act of that body.[22] Adoption from a patrician into a plebeian family
produced the same result.
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