The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
A second consequence of the new union of the burgesses must have been
a more definite regulation of the right of settlement, with reference
both to the Latin confederates and to other states. It became
necessary--not so much on account of the right of suffrage in the
centuries (which indeed belonged only to the freeholder) as on
account of the right of appeal, which was intended to be conceded
to the plebeian, but not to the foreigner dwelling for a time or
even permanently in Rome--to express more precisely the conditions
of the acquisition of plebeian rights, and to mark off the enlarged
burgess-body in its turn from those who were now the non-burgesses.
To thisepoch therefore we may trace back--in the views and feelings
of the people--both the invidiousness of the distinction between
patricians and plebeians, and the strict and haughty line of demarcation
between -cives Romani- and aliens. But the former civic distinction was
in its nature transient, while the latter political one was permanent;
and the sense of political unity and rising greatness, which was thus
implanted in the heart of the nation, was expansive enough first
to undermine and then to carry away with its mighty current those
paltry distinctions.
Law and Edict
It was at this period, moreover, that law and edict were separated.
The distinction indeed had its foundation in the essential character
of the Roman state; for even the regal power in Rome was subordinate,
not superior, to the law of the land. But the profound and practical
veneration, which the Romans, like every other people of political
capacity, cherished for the principle of authority, gave birth to the
remarkable rule of Roman constitutional and private law, that every
command of the magistrate not based upon a law was at least valid
during his tenure of office, although it expired with that tenure.
It is evident that in this view, so long as the presidents were
nominated for life, the distinction between law and edict must have
practically been almost lost sight of, and the legislative activity
of the public assembly could acquire no development. On the other
hand it obtained a wide field of action after the presidents were
changed annually; and the fact was now by no means void of practical
importance, that, if the consul in deciding a process committed a
legal informality, his successor could institute a fresh trial of
the cause.
Civil and Military Authority
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