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
The second great problem was that of the future administrative relations
of Rome to these incorporated townships. The growth of the municipal
idea was not a new one. Even as early as the beginning of the second
century B.C. the possibility had been demonstrated of combining active
internal independence with the possession of the full Roman _civitas_.
Arpinum had received the full citizenship in 188 B.C., and its citizens
vote henceforward in the Cornelian tribe;[1472] but its internal autonomy
was not destroyed, for the town was still legislating for itself in 115
B.C.[1473] Meanwhile there are signs that a higher type of organisation
was being given to Roman colonies; at least duovirs, who may be _duoviri
juri dicundo_, are found at Puteoli in 105 B.C.[1474] This idea of some
political and judicial independence being enjoyed by townships, which had
become a part of Rome, was worked out on the grandest scale after the
social war; but the turbulent times which followed were not suited to
comprehensive municipal legislation, and it is not likely that a definite
system, which adjusted local to central powers, was developed before
the Augustan period. Something had however been done in Cicero’s time.
Here and there we find a local constitution remodelled,[1475] and there
is evidence that there was already some division of competence between
the local magistrate and the _praetor urbanus_ in civil jurisdiction—the
defendant being in some cases compelled to give bail (_vadimonium_) to
bring his case to Rome.[1476] This principle of a limitation of the
power of the local courts is found fully developed in a _lex Rubria_
which deals with the organisation of Cisalpine Gaul. This district had
held an anomalous position from the time of the social war. Although
still a province, its towns had been given Latin rights in 89 B.C.[1477]
This was interpreted by the democratic party as a forecast of the
citizenship, for Gallia Cisalpina was certainly enrolled in Rome by the
revolutionary government of Cinna or his successors.[1478] The grant,
however, was not approved at the Sullan restoration, and its validity
was disputed until Caesar renewed the gift in 49 or 48 B.C.[1479] Two
or three years earlier he had busied himself with the creation of
an Italian organisation in the Gallic towns;[1480] but, even after
his conferment of the citizenship, the incorporation of the district
into Italy was not immediately accomplished. It remained technically
a province until 42 B.C., when Octavianus gained the consent of the
Senate to its “autonomy,”[1481] i.e. to its recognition as a group of
Italian townships. It is doubtful whether the _lex Rubria_ belongs to
the epoch of the Julian or the Augustan organisation;[1482] but it
is practically certain that it extends an already existing Italian
system to the new district. The chief characteristic of the system is a
division of power between the praetor at Rome and the magistrate in the
municipal town.
Public-domain text, read in full here on John Shaqi.
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