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
In Italy also there was doubtless the distinction between the higher and
the lower kind of _foedus_—the _foedus aequum_ and the _foedus iniquum_.
In all treaties concluded between Rome and cities in her symmachy there
was a recognition of partial dependence in the latter; but some of these
treaties contained a “suzerainty” clause to the effect that the state
in question should “in a friendly spirit respect the majesty of the
Roman people.” This clause did not diminish the _libertas_ of the state
accepting it, but merely strengthened the position of Rome.[1440] It was
a characteristic of the _iniquum foedus_.[1441]
The duties of the federate cities expressed in their name (_socii_,
σύμμαχοι) were primarily the furnishing of requisitions whether in men
or ships. The latter were demanded from the Greek cities of the coast,
but Italy as a whole furnished the auxiliary land armies of Rome, the
_togati_ liable to the levy.[1442] Every state had to keep a register
of its effective strength in accordance with a principle of assessment
(_formula_).[1443] The general demands of Rome were specified in the
treaties; the special levies required at any given time were dictated by
the Senate and consuls.[1444]
Military requisitions necessarily involve pecuniary burdens. But these
were all indirect. Each city had complete control of its own finances; no
tribute was imposed by Rome, and the antithesis to the _socius_ is the
_stipendiarius_.[1445] This immunity was originally based on the theory
of treaty relations; later, when the view had grown up that the tribute
paid by the stipendiary states was the result of their precarious tenure
as _possessores_, the Italians were held to be owners of their land. The
_jus Italicum_ of the Principate confers on any state to which it is
granted quiritarian ownership, and, therefore, immunity from taxation on
land.
Enjoyment of their own laws and control of their own courts were other
symbols of the autonomy of the allies. Rome could not legislate for the
Italian _socii_, and they were beyond the judicial authority of the Roman
magistrate in Italy.
But the necessities of social and commercial intercourse rendered it
advisable that the Italian allies—more especially the Latins—should be
brought into close legal relations with Rome, and the acceptance by
the latter of innumerable civil laws of the central state is attested
by Cicero.[1446] The Italians are known to have been bound by a
_plebiscitum_ concerning loans[1447]—this, however, only made contracts
of a certain kind between them and Romans invalid, and may not have
demanded their consent; but their formal acceptance must have been
required for the Didian law, which extended the sumptuary regulations of
the _lex Fannia_ to all the _Italici_.[1448] The “free” as well as the
“federate” city has the right to accept or decline a legislative proposal
put before it by the Roman government.[1449]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account