THE HISTORY OF OLD ROME

III. From the Union of Italy to the Subjugation of Carthage and the Greek States

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson

Chapter XI - The Government and the Governed

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Page 49

At the close of this period the Roman burgess-body, in a tolerably compact mass, filled Latium in its widest sense, Sabina, and a part of Campania, so that it reached on the west coast northward to Caere and southward to Cumae; within this district there were only a few cities not included in it, such as Tibur, Praeneste, Signia, Norba, and Ferentinum. To this fell to be added the maritime colonies on the coasts of Italy which uniformly possessed the full Roman franchise, the Picenian and Trans- Apennine colonies of the most recent times, to which the franchise must have been conceded,(38) and a very considerable number of Roman burgesses, who, without forming separate communities in a strict sense, were scattered throughout Italy in market-villages and hamlets (-fora et conciliabula-).

38. Cf. III. XI. Roman Franchise More Difficult of Acquisition

To some extent the unwieldiness of a civic community so constituted was remedied, for the purposes of justice(39) and of administration, by the deputy judges previously mentioned;(40) and already perhaps the maritime(41) and the new Picenian and Trans- Apennine colonies exhibited at least the first lineaments of the system under which afterwards smaller urban communities were organized within the great city-commonwealth of Rome.

39. In Cato's treatise on husbandry, which, as is well known, primarily relates to an estate in the district of Venafrum, the judicial discussion of such processes as might arise is referred to Rome only as respects one definite case; namely, that in which the landlord leases the winter pasture to the owner of a flock of sheep, and thus has to deal with a lessee who, as a rule, is not domiciled in the district (c. 149). It may be inferred from this, that in ordinary cases, where the contract was with a person domiciled in the district, such processes as might spring out of it were even in Cato's time decided not at Rome, but before the local judges.

40. Cf. II. VII. The Full Roman Franchise

41. Cf. II. VII. Subject Communities

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