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Updated: May 10, 2025
Similar consequences to some extent were produced by the exercise of the -ius hospitii-, in so far as by virtue of it foreigners settled permanently in Rome and established a domestic position there. In this respect the most liberal principles must have prevailed in Rome from primitive times. The Roman law knew no distinctions of quality in inheritance and no locking up of estates.
The twelve most recent of these Ariminum, Beneventum, Firmum, Aesernia, Brundisium, Spoletium, Cremona, Placentia, Copia, Valentia, Bononia, and Aquileia are those here referred to; and because Ariminum was the oldest of these and the town for which this new organization was primarily established, partly perhaps also because it was the first Roman colony founded beyond Italy, the -ius- of these colonies rightly took its name from Ariminum.
Of greater political importance, however, than the refusal of the -ius imaginum- and of the honour of a triumph was the circumstance, that the exclusion of the plebeians sitting in the senate from debate necessarily ceased in respect to those of their number who, as designated or former consuls, ranked among the senators whose opinion had to be asked before the rest; so far it was certainly of great importance for the nobility to admit the plebeian only to a consular office, and not to the consulate itself.
4 Similiter Richardus episcopus Sancti Andreæ, & Richardus episcopus Dunkelden. & Gaufridus abbas de Dunfermlin. & Herbertus prior de Coldingham concesserunt, vt ecclesia Anglicana illud habeat ius in ecclesia Scotiæ, quod de iure debet habere: & quod ipsi non erunt contra ius Anglicanæ ecclesiæ.
Codex, iv, 12, 2, rescript of Diocletian: ob maritorum culpam uxores inquietari leges vetant. proinde rationalis noster, si res quae a fisco occupatae sunt dominii tui esse probaveris, ius publicum sequetur. Gaius, ii, 129 and 132. Gaius, ii, 132. Codex, iii, 36, 11: Inter filios ac filias bona intestatorum parentium pro virilibus portionibus aequo iure dividi oportere explorati iuris est.
Every citizen, by a humane custom at Rome, had the right of avoiding a prosecution by quitting the city and residing in some town which had the ius exilii. It is this course that we find Cicero already entered upon when the correspondence of the year begins.
If the full names be given, then they are put side by side without et. Cf. n. on 10. CRASSI: see n. on 27. PONTIFICI ET CIVILIS IURIS: the ius pontificium regarded mainly the proper modes of conducting religious ceremonial. Ius civile, which is often used to denote the whole body of Roman Law, here includes only the secular portion of that Law. Cf. n. on 38.
2 All these three kinds of will which we have mentioned belonged to the civil law, but later still a fourth form was introduced by the praetor's edict; for the new law of the praetor, or ius honorarium, dispensed with mancipation, and rested content with the seals of seven witnesses, whereas the seals of witnesses were not required by the civil law.
But when the community itself was called regularly to elect and to decide, and the president was practically reduced from its master to its commissioner for a set term, this relation could no longer be maintained as it stood; least of all when the state had to be remodelled on the morrow of a revolution, which could only have been carried out by the co-operation of the patricians and the metoeci . An extension of that community was inevitable; and it was accomplished in the most comprehensive manner, inasmuch as the collective plebeiate, that is, all the non-burgesses who were neither slaves nor citizens of extraneous communities living at Rome under the -ius hospitii-, were admitted into the burgess-body.
Few things have been so much discussed as the question to what places this -ius- of the twelve towns refers; and yet the answer is not far to seek. There were in Italy and Cisalpine Gaul laying aside some places that soon disappeared again thirty-four Latin colonies established in all.
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