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
But closer relations than those of commerce might exist between Rome and
states connected with her by neighbourhood or kindred. The interchange
of the rights of private law, of ownership and of marriage, which the
Greeks called ἰσοπολιτεία, was a natural out-growth of the Italian
tendency to close political association. Such communion rendered each
member of the contracting states in private law a _civis_ of the other;
the _conubium_ carried with it the _patria potestas_ and all the family
rights that flowed from this power; the _commercium_ allowed the citizen
of the contracting state to own Roman land, to convey property by Roman
forms, to make a contract by the ceremonial of the _sponsio_, to inherit
from a Roman or to make a Roman his heir, while it gave the citizen of
Rome corresponding rights in the alien city. There could be no question
here of mixed tribunals or of private international law. The courts of
each state were fully competent; if we may judge from the early relations
of Rome with the Latin cities, the place in which the contract had been
concluded, or, in other words, the forms of the contract, determined the
competence of the court.[1402]
Still more definite bonds of union than these relations of private law
(although often their primary condition) were certain political creations
which made the ties between the states something more than international.
It was a nucleus approaching a federal government which gave the first
impulse to the extension of Roman power in Italy. Rome, as known to us in
legend, is never quite a city-state. She is an offshoot of Alba Longa,
the titular head of the Latin league. Tradition says that her conquest
of her mother city led to her occupying a singular position with respect
to the thirty cities of this league. She was one of the contracting
parties, the cities were the other; she was the equal, not the member,
of the group. The acceptance of this position by the confederate cities
shows their eagerness for the protection of the frontier town; but
the protectorate became burdensome, a war ensued, and Roman rule was
shaken off only to be reimposed on firmer lines by the strong hand of
the Etruscan dynasty represented by the Tarquins. Rome now became one
at least of the religious centres of the league, and the Diana of the
Aventine symbolised the lasting union of the Latin folk.[1403] The
expulsion of the kings, while it stripped Rome of territory, shook for
a time the allegiance of the league, and it was not until 493 B.C. that
the old conditions were renewed; for the details that might in historical
times be read in the treaty attributed to Sp. Cassius were doubtless but
a replica of the old terms of the alliance. Eternal peace was enjoined,
mutual support was to be given in war, and each contracting party was
to share equally in the booty. The supreme command in war was to be
held now by the Roman general, now by the commander of the confederate
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