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 the praefect was far from representing the higher functions of
government in every _municipium_. These towns fall into two broad
divisions, not according to the rights which they receive, but according
to the rights which they retain. The _civitas sine suffragio_ might
be granted _honoris causa_ to a state which maintained its complete
independence or its communal autonomy. It was thus conferred on Capua,
Cumae, Formiae, and Fundi,[1426] and the gift of the partial citizenship
under these conditions was a valued privilege. It enabled a Capuan to own
Roman land, to settle on the _ager publicus_, to marry into the noble
houses of Rome, and to serve, not in the auxiliary cohort, but in her
army or in the legion raised from the _municipes_. But meanwhile his own
magistrate, the _meddix tuticus_, administers in the Campanian courts
the native Sabellian law,[1427] his senate deliberates, and his popular
assembly decides. Sometimes, as in the case of Capua, the state is still
bound by treaty relations to Rome, and the two conflicting principles of
armed alliance and of absorption are for once commingled.[1428]
Yet, in spite of their independence, there is every reason to believe
that the inevitable praefects visited these states. We must assume, at
least in the cases where autonomy reached the grade which is visible
in Capua, that a dual system of law prevailed in these communities;
the court and the procedure would follow the form of contract, whether
Sabellian or Roman, and the parties might appear indifferently before
the Capuan _meddix_ or the Roman praefect. In other cases, where a large
measure of administrative autonomy is visible, but where no magistrate
with a higher rank than that of aedile is found within the state,[1429]
it is possible that Roman law alone prevailed and that the Roman praefect
was the only judge.
The lower class of _municipia_ was represented by states “whose whole
commonwealth had been merged in that of Rome.”[1430] Of this class
Anagnia, the degraded town of the Hernici, was a type.[1431] Stripped of
all the active rights of citizenship, and under the direct government of
a Roman praefect, the members of such towns possessed no personality in
public law at all. Their position was that of the free Plebeians previous
to their admission to the _suffragium_ and the _honores_.
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