The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
The constitution of a provincial city of the empire, in the days when
the republic still possessed virtue and principle, was of this
description, at all events from the period of the Social, Marsic or
Italian war, when the cities of Italy wrested isopolity, or at least
isotely, from Rome. The state consisted of the whole body of the
citizens, without distinction, having a general voice in the management
of their own internal affairs. The administrative functions however
resided in a privileged class of those citizens, commonly called
_Curiales_, _Decuriones_, _Ordo Decurionum_ (or sometimes _Ordo_ alone),
and occasionally _Senatus_. They were in fact to the whole body of the
citizens what the Senatus under the Emperors was to the citizens of
Rome[766], and their rights and privileges seem in general to have
varied very much as did those of the higher body. They were hereditary,
but, when occasion demanded an increase of their numbers, self-elected.
Out of this college of Decuriones the _Magistratus_ or supreme executive
government proceeded. In the better days I believe these were always
freely chosen for one year, by the whole community, but exclusively from
among the members of the Ordo: and after Tiberius at Rome transferred
the elections from the Comitia to the Senate, the Decuriones in the
provinces may have become the sole electors, as they were the only
persons capable of being elected. The Magistratus had the supreme
jurisdiction, and were the completion of the communal system: they bore
different names in different cities, but usually those of Duumviri or
Quatuorviri, from their number. Sometimes, but very rarely, they were
named Consules. In fact the general outline of this constitution
resembled as much as possible that of Rome itself, which was only the
head of a confederation embracing all the cities of Italy.
-----
Footnote 766:
If we adopt an old legal phrase, the Decuriones were _cives optimo
iure_, or full burghers; the rest of the citizens were _non optimo
iure_, not full burghers, not having a share in the advantages
possessed by the members of the corporation.
-----
A somewhat similar arrangement was introduced into the cities of the
various countries which, under the name of provinces, were brought
within the influence of the Roman power: only that in these the communal
organization was throughout subordinated to the regulation and control
of the Consularis, the Legatus, Procurator, and other officers military
and fiscal, who administered the affairs of the province. A principal
point of distinction between the free communities of Italy and the
dependent provincial corporations lay in this: that in the latter, the
magistrates were indeed elected by the Ordo or Curia, but upon the
nomination of the Roman governor: their jurisdiction in suits was
consequently very limited, while political functions were for the most
part confined to the civil and military officers of the empire.
Public-domain text, read in full here on John Shaqi.
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