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
These powers were exercised chiefly in three spheres—military,
administrative, and judicial. In a province that seethed with war the
summer months were spent in camp, the winter in more peaceful duties;
but in a settled district the governor could map out his circuits as he
pleased, and devote some time to the ungenial task of inspecting the
affairs of the municipalities under his control. Apart from the necessary
diplomatic intercourse with neighbouring potentates or protected chiefs,
the amount of administrative work which the governor undertook was as
much or as little as he pleased. Its quantity depended on his view as to
how far self-government was a symptom of health or of disease. That it
sometimes had the latter character is shown by the startling discovery
made by Cicero when he undertook an unexpected investigation into the
financial affairs of his subject states. He found that the native Greek
magistrates of Cilicia had been plundering their respective treasuries
for the last ten years.[1530] But the possibility of such a discovery
is itself a testimony to the best aspect of provincial rule in the
Republic—its noble but sometimes misguided belief in the capacity of
people to govern themselves.
There was, however, one systematic function to which most of the
governor’s energies were directed in time of peace, and that was
jurisdiction, both civil and criminal. General regulations concerning
jurisdiction were made in the charters of the provinces; but these could
not be the same for every country, since the judicial machinery of some
groups of states was far more perfect than that of others. Sicily, the
only province the details of whose _lex_ are known, was peculiarly
favoured, and its privileges may be taken as the best type of those
offered by Rome. It was ordained that, in a suit between two citizens
of the same state, the trial should be held in that state and according
to its laws,[1531] a regulation which certainly guaranteed the native
_judex_ and the native code, but which did not, perhaps, inhibit an
appeal to the governor or take away his right of interpreting the law.
The charter then provides for cases of inter-political jurisdiction.
If a Sicilian of one state sues a Sicilian of another, the governor is
to provide by lot the _judex_ or _judices_,[1532] who are perhaps in
this case to be Roman citizens.[1533] When litigation arises between
an individual and a community not his own, the Senate of some third
state should be the judge, when either litigant has challenged one
of three senatorial bodies proposed.[1534] In suits between Roman
citizens and Sicilians the _judex_ was to be of the nationality of the
defendant.[1535] In all other matters _judices_ chosen by the magistrate
(_selecti_) were to be appointed from the Roman citizens dwelling within
the assize.[1536]
Public-domain text, read in full here on John Shaqi.
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