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 the fragment of the law which we possess this division
is manifested in two particulars. The right of declaring bankruptcy
(_missio in possessionem_) is reserved for the praetor, although the
provisional arrest of the debtor (_duci jubere_) may be ordered by the
local magistrate. Again, in the action for the recovery of a loan and in
those arising from some other obligations, all cases involving a sum
over 15,000 sesterces must be remitted to Rome, the local magistrate
having the right to enforce on the parties bail (_vadimonium_) for
their appearance there.[1483] These fragmentary notices are an index
to a principle which was doubtless fully elaborated in the Augustan
legislation.
A tolerable degree of uniformity was also secured in the political
structure of the towns of Italy. It was but a development of the typical
Italian constitution of magistrates (_magistratus potestatesve_),[1484]
senate (_senatus_, _curia_, composed of _decuriones conscriptive_), and
popular assembly (_comitia conciliumve_, composed of _municipes_ and
sometimes of _incolae_); and the _lex Julia municipalis_ of Caesar (45
B.C.) ordains a uniform qualification for the local magistracies and
senates, and enjoins that the local census shall be taken in conjunction
with that of Rome. But, though the general lines of organisation were the
same, this uniformity was chiefly the result of growth, not of creation.
No effort was made at securing a common nomenclature either for the
states or for their officials. Caesar’s municipal law shows _municipia_,
_coloniae_ and _praefecturae_ existing side by side,[1485] while
inscriptions show titles for officials, such as dictator or praetor,
which may be as old as those of Roman magistrates.[1486]
CHAPTER VIII
THE ORGANISATION AND GOVERNMENT OF THE PROVINCES
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