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
The public rights of the individual were also under the control of
the _comitia_, and the conferment of citizenship was solely the
people’s gift. As originally the patrician _comitia_ could alone coopt
patricians,[1173] so in later times the assembly of the whole Populus
could alone admit new partners to its rights. Civic rights could be
conferred on individuals or communities, in whole or in part, and the
Plebs was for this purpose equally competent with the Populus.[1174] A
mediate grant of the citizenship could be made by the conferment of the
power by the people on a magistrate entrusted with the founding of a
settlement, as when the _lex Appuleia_ of 100 B.C. granted the right to
Marius to raise three persons to the citizenship in any colony which he
planted.[1175] Citizenship might also be conferred by an imperator for
good service in the field; but the power had to be given, or perhaps in
some cases the grant retrospectively sanctioned, by the people. Such a
power was given by law to Pompeius after the war with Sertorius;[1176]
but Pompeius may provisionally have conferred the citizenship during the
campaign. Marius granted the boon on the field of battle;[1177] he may
have already had the power given him by the people,[1178] or he may have
calculated on the subsequent ratification of his act.
Deprivation of the citizenship of a community, the legality of which by
any power was questioned in the later Republic,[1179] could be effected,
if at all, only by the people, and the people might in this particular
be represented by the Plebs. It was this body which pronounced on the
fate of Capua in 210 B.C., and their decision entailed a criminal
condemnation, the penalty of being sold into slavery. The people,
however, did not itself pronounce deprivation of citizenship, but left
the fate of the Capuan burghers to the Senate.[1180]
The people might also give the right of voting to those who already
possessed citizenship without it. This was so entirely a popular gift
that even the previous deliberation of the Senate was not considered
necessary for such a conferment. When a tribune proposed to grant the
right of suffrage to the _municipia_ of Formiae, Fundi, and Arpinum in
188 B.C., he was met by the veto of four of his colleagues, who insisted
that the Senate’s judgment should first be taken. But, yielding to
instruction on the true principle of such gifts, they eventually withdrew
their opposition.[1181]
The deprivation of voting power—_tribu movere_ in the extreme sense—seems
to have been retained by the censor,[1182] although a protest against
its use to disfranchise a whole class was raised in 169 B.C.[1183]. The
people alone could impose a new burden on itself, and taxation belonged
wholly to the _comitia_.[1184]
Public-domain text, read in full here on John Shaqi.
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