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 idea of a province was that of an aggregate of states (_civitates_);
where Greek or Phoenician civilisation had penetrated, these states
were cities, but sometimes, as in Gaul and Spain, they were cantons
or tribes. Natural political associations were usually chosen as the
units of government, although formidable combinations were broken up,
and the numerical regulation of the government centres in a province
was an integral part of its organisation. Thus the number of communal
unions was in Sicily 68,[1488] in Asia 44,[1489] and 64 in Transalpine
Gaul.[1490] Such aggregates probably include the free and federate
states, which, although geographically, were not juristically within the
province at all. The cities which were _liberae_ and those which were
_liberae et foederatae_ differed, sometimes perhaps in the degree, but
always in the basis, of their rights. The latter had the grant of their
rights embodied in a sworn treaty (_foedus_), which was the product in
the earlier Republic of Senate and people, in the later of either of
these powers,[1491]—a guarantee which was meant to be perpetual, and the
breach of which was either an act of war or its result. A charter (_lex
data_), on the other hand,[1492] which made a city only “free” might be
revoked at any moment. The rights common to both groups of states are
practically those of the Italian communes[1493]—a control of their own
finances, a free enjoyment of their land which exempted them from the
payment of tribute, and above all a use and enjoyment of their own native
law[1494]—and both agree in being entirely outside the sphere of the
governor’s jurisdiction.[1495] He could enter such a privileged city only
as a guest, and although for purposes of convenience great central cities
which were free, as Antioch in Syria and Thessalonica in Macedonia, were,
from their position as natural capitals, chosen as the residence of the
governor, he merely exercised jurisdiction in these towns, not over their
citizens. More distant still from provincial rule were the allied kings
(_reges socii_) on the frontiers. Their independence was less conditioned
than that of the free and allied cities, for they were bound to furnish
less definite assistance to Rome in time of need, and their foreign
activity was not wholly destroyed. But the chief reason why in a list of
Rome’s friends they appear in a separate category[1496] is that a treaty
with a king was not, like one with a Republic, regarded as eternal. It
was a personal obligation, and its perpetual validity depended on its
renewal with each successive occupant of the throne.
Public-domain text, read in full here on John Shaqi.
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