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
to be within the praetor’s sphere of competence, i.e. within a single
milestone of the city; they were, to use the technical Roman expression,
_judicia legitima_. No trace whatever has been preserved of the criminal
procedure applied to such communities. The fact that the praefect was
the delegate of a civil magistrate would not prove that he was incapable
of exercising criminal jurisdiction, for _jurisdictio_ of every kind is
latent in the praetor’s _imperium_. All higher jurisdiction was reserved
for the people; but there was only one _populus Romanus_, that of the
city of Rome. Hence when the citizen of Ostia or Tusculum was accused of
an offence, the penalty for which demanded a popular sanction, we may
assume that he could either make the appeal, through a fiction like that
underlying the civil jurisdiction, in spite of his local separation from
Rome, or that he stepped, or was brought within, the first milestone of
the city, the limit inside which the _provocatio_ could legally be made.
The second type of _cives_ are those without the right of suffrage (_sine
suffragio_). There can be little question that the idea of this _status_
was derived from Rome’s relations with the cities of the Latin league; in
her process of absorption, however, she conferred it on towns to which
she did not grant the other typically Latin rights; in this way she
made of it an independent _status_. The Etruscan town of Caere is said
to have won this right in 353 as a gift for good service to Rome. After
the dissolution of the Latin league in 338 B.C. a group of Campanian
townships, Capua, Cumae, Atella, and Calatia, were with (the then Latin)
Fundi and Formiae brought into this relation with the now dominant city
of Latium;[1420] others nearer home, such as Arpinum of the Volsci, were
similarly rewarded or absorbed (303 B.C.),[1421] while the _status_ was
imposed as a means of degrading and reducing to impotence rebellious
townships such as Anagnia, the leading city of the Hernici.[1422] The
motive of the conferment, although it might make a difference to the
rights of the towns, produced none in the relations of their respective
_cives_ to Rome.
Public-domain text, read in full here on John Shaqi.
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