16. But the relations existing between Rome and the Italian nations were extremely various in kind. 1. A few cities and nations enjoyed the full privileges of Roman citizenship; in some instances, however, without the right of voting in the comitia (municipia). 2. The privileges of the colonies (jus coloniarum) were of a more restricted nature; the colonists were indeed in possession of their own civic government, but had no further share whatever either in the comitia or magistracies of Rome. The other inhabitants of Italy were either federates (socii, fœdere juncti) or subjects (dedititii). The first (a) preserved their internal form of government; but on the other hand (b) were obliged to furnish tribute and auxiliary troops (tributis et armis juvare rempublicam). Their further relation with Rome depended upon the terms of the league. The most advantageous of these terms were 3. in favour of the Latins, although each of their cities had its own separate league (jus Latii;) as 4. the rest of the Italian nations had their jus Italicum. On the other hand, 5. the subjects, dedititii, were deprived of their internal constitutions, and were governed by Roman magistrates, (præfecti,) annually renewed.
C. Sigonius, De antiquo jure civium Romanorum; and his treatise De antiquo jure Italiæ, inserted both in his Opera and in Grævii Thes. Ant. Rom. t. ii. contain the most learned researches on the details of these relations.
The Roman constitution a democracy.
17. The internal constitution of Rome itself, now completed, bore the character of a democracy, inasmuch as equality of rights existed both for nobles and commons. Yet this democracy was modified by expedients so various and wonderful—the rights of the people, of the senate, of the magistrates, fitted so nicely into each other, and were so firmly supported by the national religion, connecting every thing with determinate forms—that there was no reason, at that time, to fear the evils either of anarchy, or, what is much more astonishing when we consider the warlike character of the people, those of military despotism.
The rights of the people consisted in the legislative power, so far as fundamental national principles were concerned, and in the election of the magistrates. The distinction between the comitia tributa (as independent of the senate) and the comitia centuriata (as dependent on the senate) still existed as to form, but had lost all its importance, the difference between patricians and plebeians being now merely nominal, and the establishment of the tribus urbanæ, 303, excluding the too great influence of the people (forensis factio) upon the comitia tributa. The rights of the senate consisted in administering and debating all transitory national affairs, whether foreign relations, (war and peace only excepted, in which the consent of the people was requisite,) financial concerns, or matters regarding domestic peace and security. But the manner in which the senate was supplied must have made it the first political body at that time in the world. The rights and rank of magistrates were founded on their greater or lesser auspicia, no public affair being entered upon except auspicato. Consequently he only who was in possession of the former could hold the highest civic and military power; (imperium civile et militare; suis auspiciis rem gerere;) as dictator, consul, prætor; such was not the case with those who had only the lesser auspicia. The union of civil and military power in the person of the same individual was not without its inconveniences, but military despotism was in some measure guarded against by the prohibition of any magistrate possessing military command within Rome itself. We must not dismiss this subject without observing, that as the Roman constitution arose merely out of practice, there never having been any completely written charter, we cannot expect that all the details should be clearly ascertained; to attempt, therefore, in default of such authority, to describe all the minutiæ would be the surest way to fall into error.
Of the numerous works on the Roman constitution and on Roman antiquities, we shall mention:
De Beaufort, La République Romaine, ou plan général de l'ancien gouvernement de Rome. La Haye, 1766, 2 vols. 4to. A most copious work, and one of the most solid in regard to the matters discussed; although it does not embrace the whole of the subject.
Histoire critique du gouvernement Romain; Paris, 1765. Containing some acute observations.
Du Gouvernement de la republique Romaine, par A. Ad. de Texier, 3 vols. 8vo. Hamburg, 1796. This contains many enquiries peculiar to the writer.