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
Rome allowed them to possess, were probably chosen from the new settlers
alone; but, as the autonomy which they enjoyed was not great, as they
possessed no high judicial magistrates of their own, and as their voting
power at Rome was more a potential than an actual right, they differed
little from the native inhabitants, who as _cives sine suffragio_
came equally under the jurisdiction of the Roman courts and their
representatives.
Whether the commune of Roman citizens had had a natural or artificial
growth, it was never in early times a true state (_civitas_). Roman law
knew of ἰσοπολιτεία, but not of the closer bond of συμπολιτεία; and
the principle that no Roman citizen could be a full member of another
state, although in the later Republic it had given place to the theory
of the municipal independence of the _civis_ was always maintained in
international relations with states of the outer world.[1417] As the
negation of state life implied the negation of communal independence,
we are not surprised to find that none of these communities of Roman
citizens possessed a true civic organisation of its own. We cannot
define the rights of their town-councils, we cannot assert the absolute
non-existence of popular gatherings for certain purposes; but the absence
of the _imperium_ and of a true judicial magistracy is clearly discerned.
These communes fell under the immediate civil jurisdiction, originally
of the consuls, later of the _praetor urbanus_. Originally it may have
been necessary for every case not settled by voluntary arbitration
to be brought to Rome, but the distance of some of these towns from
the capital would have soon rendered this principle of jurisdiction
impossible. The modern solution, that the judge should go on circuit,
could not be thought of in a state where the bench consisted of a single
man, and where this individual was prohibited by law from leaving the
city for more than ten days during his year of office.[1418] The only
alternative was furnished by the favourite Roman device of delegation.
The praetor nominated praefects for jurisdiction (_praefecti juri
dicundo_), and these were sent, sometimes as standing magistrates,
sometimes perhaps as mere circuit judges, through the Roman towns, which
were thence known as _praefecturae_.[1419] Delegation implies either a
division of competence or, in the case of the lower court possessing full
jurisdiction, an appeal to the delegating authority. There is no trace
of the latter practice at Rome, and a systematic division of authority,
although motives of convenience may sometimes have led the praetor to
permit it, is inconsistent with the Roman idea of jurisdiction flowing
direct from the _imperium_. Possibly the praetor permitted the praefect
to regulate almost every kind of contentious jurisdiction, subject to
his own right of summoning any case he pleased from the delegate to
Rome. By a legal fiction the courts of the _praefecturae_ were held
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