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 Sicily it is clear that the _peregrinus judex_ was a standing
institution. Elsewhere, even in the Hellenised East, his existence was
more dependent on the grace of the governor. Cicero, in his government of
Cilicia, following the precedent of Mucius Scaevola, the ideal governor
of Asia, allowed the greatest freedom to the native laws, courts, and
judges, and remarks on the quickened life which their use inspired in
the provincials.[1537] The attempt, indeed, to substitute her own for
the native law was abhorrent to the political sense of Rome, and her
most ambitious representatives never attempted to make their edicts
into codes. The importance of the edict was chiefly felt in matters of
private international law, administrative jurisdiction, and procedure.
It stated principles which should regulate the relations between members
of different states or between provincials and Romans, it issued rules
for the settlement of claims made by the _publicani_, and it supplemented
the law of the province by framing regulations for the conduct of private
suits. The edict of each province was a separate entity, and drew its
name from the country to which it directly applied,[1538] and it had
a continuous existence, although the unity and continuity of its life
depended too much on the discretion of the individual governor.[1539] The
edict might be composed at Rome,[1540] and its author might copy from
more than one original. The rulings of his predecessor would doubtless
be well known; there were the edicts of other provinces, the work of
famous administrators of the past;[1541] and, as a fruitful source of
general rules of procedure, there was the _edictum perpetuum_ of the
capital In Cicero’s own edict, of which he furnishes a brief description,
the principles regulating business and trading relations (especially
as existing between Roman companies and provincials) were clearly and
fully set forth. As much attention was devoted to the general rules of
inheritance and bankruptcy, such as had been evolved by the _imperium_ at
Rome, and which were doubtless meant not to supersede the customs of the
various communities, but to be a common law for the province as a whole.
But much remained that could not be formulated. A province had boundless
surprises in store, and Cicero found it wiser to leave the third part
of his edict “unwritten.” The principles of the urban praetor were to
be drawn upon as occasion required.[1542] The civil jurisdiction of the
governor, which was based on the edict, was either personal or delegated,
and in both cases required the visitation of circuits (_conventus_,
διοικήσεις),[1543] into which the province had been divided at the time
of its organisation. A programme of the assize was drawn up, the stay in
each circuit was accurately determined,[1544] and the governor held a
court (_forum egit_) in each of them in turn.[1545]
Public-domain text, read in full here on John Shaqi.
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