I had intended to carry the treatment of my subject beyond the confines of the Principate, and to describe the political organisation of the later Empire as elaborated by Diocletian and his successors. I found, however, that a discussion of this period would cause my work to exceed the reasonable limits which can be conceded to a handbook, and I was forced to abandon the enterprise much against my will. I was somewhat comforted in this surrender by the suggestion that the constitution of the later Empire was perhaps not strictly “Roman.” This is a verdict with which I agree in part. The organisation which had Constantinople as its centre was certainly the organisation of an Empire which was permeated with the social ideals of later Rome, which had adopted a Latin code, and which employed an administrative system whose origin was to be found in Italy; but in the forms of rule which the monarchy presented the break with the past was remarkable. The absolutism was no new thing, but the guise assumed by this absolutism was startlingly novel. It is not only that classic traditions were forgotten, that, as Gibbon says, “the purity of the Latin language was debased by adopting, in the intercourse of pride and flattery, a profusion of epithets, which Tully would have scarcely understood, and which Augustus would have rejected with indignation,” but that, even where the continuity in public institutions can be traced, it is one of names rather than of ideas. In the Principate we see a perverted Republic; in the monarchy a Res publica only in the narrowest etymological sense of those words. Perhaps the accession of Diocletian does, after all, mark the close of a true “Roman” public life.
The task, even as thus limited, has been a long one, and would have been still longer had it not been for the kindly assistance rendered me by a former pupil, Miss Muriel Clay, of Lady Margaret Hall. The help which she has given in the reading of the proofs, and in the verification of the references to original authorities, has not only facilitated the production of the book, but has materially improved it by the removal of errors and obscurities. I have also to thank her for the Index of subjects and the Index of Latin words which accompany the volume.
A. H. J. G.
Oxford, April 1901.
CONTENTS
(The references are to the pages)
| [CHAPTER I] THE EARLIEST CONSTITUTION OF ROME | ||
| The Growth of the City | ||
| SECT. | ||
| 1. | Early Italian associations; the pagus, vicus, gens, [1]. Growth of the city of Rome, [2]. Foreign influences on Roman life, [3]. | |
| The Elements of the Population—Patricians, Plebeians, Clients | ||
| 2. | Origin of the Patricians, [4]; of the Plebeians, [5]. Clientship, [7]. | |
| Roman Family Organisation | ||
| 3. | The gens, [9]. The familia, [18]. The nexus, [24]. Slavery, [24]. Transmission of property and forms of testament, [26]. Caput, [31]. Capitis deminutio, [32]. | |
| The Citizens and the Political Subdivisions of the State | ||
| 4. | The populus Romanus, [33]. Rights of the citizen, [35]. Auspicium, [36]. The tribes, [40]. The army, [41]. The curiae, [41]. | |
| The Monarchical Constitution | ||
| 5. | Relation of the king to the people, [42]. Titles and insignia of the king, [44]. Mode of appointment of the king, [45]. Religious character of the monarchy, [51]. The rule of fas, [52]. Civil powers of the king, [57]. The Senate of the monarchy, [58]. Consilia of the king, [61]. Delegates of the king, [61]. Jurisdiction of the monarchy, [62]. | |
| The Servian Constitution | ||
| 6. | Social changes that led to the Servian reform, [65]. The Servian tribes, [66]. Registration for military purposes; the new organisation of the army, [68]. The census, [69]. Transference of political rights to the new assembly of the centuries, [75]. The close of the monarchy, [76]. | |
| [CHAPTER II] THE GROWTH OF THE REPUBLICAN CONSTITUTION | ||
| Institution of consuls and limitation of the imperium, [78]. Appointment of quaestors, [80]. The Senate of the early Republic, [81]. Creation of the dictatorship, [84]. Government of the patrician aristocracy, [85]. Rights of the plebeians, [87]. Social struggles of the plebs, [89]. Creation of the tribunate, [93]. The powers of the tribuni plebs, [94]. The concilium plebis, [96]. The aediles of the plebs, [97]. The sacrosanctitas of the plebeian magistrates, [99]. The concilium plebis meets by tribes, [100]. Creation of a comitia tributa, [102]. Agitation for the publication of a code, [102]. The Twelve Tables, [104]. Attempt at despotism made by the decemvirs, [107]. The Valerio-Horatian laws, [108]. Intermarriage permitted between the orders, [111]. Institution of tribuni militum consulari potestate, [112]. Institution of the censorship, [115]. Struggle for the consulship, [118]. The Licinio-Sextian laws, [119]. Institution of the praetorship and the curule aedileship, [120]. Admission of the plebeians to office, [122]; and to the religious colleges, [123]. Rights secured to the plebs by the leges Publiliae and the lex Hortensia, [124]. Results of the tendencies of plebeian emancipation, [127]. The new nobility, [129]. Continued distinction between the orders, [131]. | ||
| [CHAPTER III] THE CLASSES OF THE POPULATION AND THE THEORY OF THE CONSTITUTION IN THE DEVELOPED REPUBLIC | ||
| The Classes of the Population | ||
| 1. | Modes of acquiring citizenship, [132]. Modes of enfranchisement, [134]. Ingenuitas, [135]. Rights and duties of the citizen, [136]. Developed conception of capitis deminutio, [138]. Changes in the Roman family, [140]. The condition of the slave, [141]. The freedmen, [144]. | |
| The Theory of the Constitution | ||
| 2. | Complexity of the constitution, [146]. Theory of the state as revealed in the interregnum, [147]. Separate existence of the plebs, [149]. The weakening of the magistracy and the resulting ascendancy of the Senate, [150]. | |
| [CHAPTER IV] THE MAGISTRACY | ||
| General Characteristics of the Magistracy | ||
| 1. | Imperium and potestas, [152]. Administrative powers of the magistrates, [152]. Military powers, [153]. The right to triumph, [156]. Powers exercised in connexion with the people, [158]. The contio and the comitia, [159]. Right of acting with the plebs, [161]. The right of consulting the Senate, [161]. General powers of the magistrates; the auspicia, [162]. The coercitio, [167]. Conflict between the powers of the magistrates; the obnuntiatio, [172]. The right of prohibition, [173]. The intercessio, [176]. The civil and criminal responsibility of magistrates, [181]. The qualifications for office, [183]. The formalities of candidature and election, [187]. The insignia of office, [191]. | |
| The Individual Magistracies | ||
| 2. | The dictator, [191]. The magister equitum, [195]. The consuls, [196]. The praetors, [202]. The aediles, [208]. The quaestors, [212]. The censors, [216]. The plebeian magistrates, [233]. The minor magistrates, [234]. | |
| [CHAPTER V] THE PEOPLE AND ITS POWERS | ||
| Legislation, [238]. Form of a lex, [242]. Control of external matters, [243]. Elective powers, [245]. Judicial powers, [245]. Rescission of sentences by the people, [248]. Remission of outlawry and amnesty, [249]. Grounds of invalidity of popular acts, [249]. The different comitia; the comitia curiata, [250]. The comitia centuriata and its reorganisation, [252]. The comitia tributa, [253]. The concilium plebis, [253]. Elections to the religious colleges, [254]. Formalities observed in the meetings of the assemblies, [255]. | ||
| [CHAPTER VI] THE SENATE | ||
| Reasons for the growth of the Senate’s power, [261]. Method of appointment of senators, [263]. External distinctions of senators, [265]. Reforms of Sulla, [266]. Rules of initiative and debate in the Senate, [267]. Thesenatus consultum and senatus auctoritas, [272]. Powers of the Senate; its probouleutic authority, [273]. Suspension of magistrates, [275]. Quasi-legislative power, [275]. Power of exempting from laws, [276]. Revising power, [276]. Influence on jurisdiction, [277]. Appointment of special commissions, [278]. Declaration of martial law, [279]. Police control, [282]. Control of foreign policy, [282]. Control of finance, [286]. Control of religion, [287]. | ||
| [CHAPTER VII] THE INTERNATIONAL RELATIONS OF ROME AND THE INCORPORATION OF ITALY | ||
| Difference between the Greek and Italian conceptions of international law, [289]. International customs of Rome, [290]. International relations with foreign states, [292]. The jus gentium, [294]. The federation of Latium, [295]. Extension of the league and change in its character, [296]. The organisation of Italy; cives and socii, [299]. Proposals to extend the franchise, [310]. Settlement after the social war, [312]. Incorporation of Cisalpine Gaul, [314]. | ||
| [CHAPTER VIII] THE ORGANISATION AND GOVERNMENT OF THE PROVINCES | ||
| Origin of provincial government, [316]. The conception of a provincia, [317]. Free and allied cities, [317]. Stipendiariae civitates; the lex provinciae, [318]. Taxation, [319]. The governor and his staff, [322]. The spheres of administration, [324]. Jurisdiction, [325]. The provincial edict, [326]. General estimate of provincial government, [328]. | ||
| [CHAPTER IX] THE REVOLUTION AND THE TRANSITION TO THE PRINCIPATE | ||
| Objects of the party of reform, [331]. Elements in the party of reform, [332]. The balance of parties; the equites, [333]. The issue of the struggle, [334]. The sole rule of Caesar, [336]. The Triumvirate and the establishment of the Principate, [338]. | ||
| [CHAPTER X] THE PRINCIPATE | ||
| The Powers of the Princeps | ||
| 1. | The chief bases of the Princeps’ authority; the proconsulare imperium and the tribunicia potestas; nature of the imperium, [341]. Powers connected with the imperium, [344]. Powers connected with the tribunicia potestas, [346]. The Princeps as consul, [347]; as censor, [347]. Extraordinary rights conferred on the Princeps, [348]. Dispensation from laws, [350]. The Princeps as head of the state religion, [350]. | |
| Titles, Insignia, and Honours of the Princeps | ||
| 2. | Appellatives and titles, [351]. Insignia, [355]. Other honours, [355]. The domus Caesaris, [356]. Amici and comites, [357]. | |
| Creation, Transmission, and Abrogation of the Principate | ||
| 3. | Election of a Princeps, [358]. Designation of a successor, [360]. Hereditary succession, [362]. Deposition of a Princeps, [362]. Recognition of a reign, [363]. | |
| The Other Powers in the State—the Magistracy, The Comitia, and the Senate | ||
| 4. | The magistracy, [363]. The individual magistrates, [367]. The comitia[371]. The Senate, [373]. | |
| The Chief Departments of the State; the Dual Control of Senate and Princeps | ||
| 5. | The dyarchy, [377]. Legislation; legislative power of the comitia, [377]. Quasi-legislative power of the Senate, [377]; of the Princeps, [378]. Jurisdiction, [381]. Division of civil jurisdiction, [382]. The civil courts of appeal, [382]. The appeal from the provinces, [385]. Criminal jurisdiction, [386]. The criminal courts of appeal, [390]. The power of pardon, [391]. The dyarchy in administration, [393]; in finance, [394]; in the control of cultus, [397]; in the control of coinage, [397]. The extent to which the dyarchy was a reality, [397]. | |
| The Senatorial and the Equestrian Nobility | ||
| 6. | The senatorial order, [399]. The equestrian order, [402]. | |
| The Functionaries of the Princeps | ||
| 7. | The praefects, [406]. Praefectus urbi, [406]. Praefectus praetorio, [409]. Praefectus annonae, [411]. Praefectus vigilum, [412]. The curators, [413]. The procurators, [414]. Personal assistants; the imperial secretariate [418]. The imperial consilium, [420]. | |
| [CHAPTER XI] ITALY AND THE PROVINCES UNDER THE PRINCIPATE | ||
| The Organisation of Italy | ||
| 1. | Division into regions, [422]. The downfall of the comitia, [423]. Limitations on local jurisdiction, [423]. Institution of curatores, [424]; of correctores, [424]. The alimentarium, [425]. | |
| The Organisation of the Provinces | ||
| 2. | General character of the changes introduced by the Principate, [426]. The public and the imperial provinces, [427]. Change in the condition of the free and allied cities, [428]. Methods of conferring immunity; the jus Italicum, [429]. Taxation, [429]. Method of government in the public provinces, [432]; in the imperial provinces, [434]. Procuratorial governorships, [432]. Government of the German provinces and of Egypt, [435]. Romanisation of the provinces, [436]. Change in the condition of the provincial towns, [437]. The munera of their citizens and of the decurions, [439]. | |
| The Worship of the Emperor | ||
| 3. | Origin and character of Caesar-worship, [440]. Its extension, [441]. Its effects, [442]. | |
| [APPENDIX I] | ||
| The two Assemblies of the Tribes, [445] | ||
| [APPENDIX II] | ||
| A Limitation of the Tribunate in the Reign of Nero, [447] | ||
| INDEX | ||
| PAGE | ||
| (i.) | of subjects | [453] |
| (ii.) | of Latin words | [457] |
| (iii.) | of passages from ancient authors referred to in the text | [467] |