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In these and all similar cases the king could not act with legal effect without the cooperation of the community; the man whom the king alone declared a patrician remained as before a non-burgess, and the invalid act could only carry consequences possibly -de facto-, not -de jure-. Thus far the assembly of the community, however restricted and bound at its emergence, was yet from antiquity a constituent element of the Roman commonwealth, and was in law superior to, rather than co-ordinate with, the king.
As the Roman gods ruled over the Roman community, so every foreign community was presided over by its own gods; but sharp as was the distinction between the burgess and non-burgess, between the Roman and the foreign god, both foreign men and foreign divinities could be admitted by resolution of the community to the freedom of Rome, and when the citizens of a conquered city were transported to Rome, the gods of that city were also invited to take up their new abode there.
This organization, however, cannot have been introduced primarily with a view to voting, for in that case they would certainly have made the number of subdivisions uneven. Equality of the Burgesses Sternly defined as was the contrast between burgess and non-burgess, the equality of rights within the burgess-body was complete.
The admittance of a non-burgess to a religious ceremony of the citizens could not indeed but appear sinful to the orthodox Roman; but even the most rigid orthodoxy never doubted that admittance to civic communion, which absolutely and solely depended on the state, involved also full religious equality.
This organization, however, cannot have been introduced primarily with a view to voting, for in that case they would certainly have made the number of subdivisions uneven. Equality of the Burgesses Sternly defined as was the contrast between burgess and non-burgess, the equality of rights within the burgess-body was complete.
But the fact, which is distinctly apparent from the Caesarian municipal ordinance for Cisalpine Gaul, is a surprising one that the processes lying beyond municipal competency from this province went not before its governor, but before the Roman praetor; for in other cases the governor is in his province quite as much representative of the praetor who administers justice between burgesses as of the praetor who administers justice between burgess and non-burgess, and is thoroughly competent to determine all processes.
As the Roman gods ruled over the Roman community, so every foreign community was presided over by its own gods; but sharp as was the distinction between the burgess and non-burgess, between the Roman and the foreign god, both foreign men and foreign divinities could be admitted by resolution of the community to the freedom of Rome, and when the citizens of a conquered city were transported to Rome, the gods of that city were also invited to take up their new abode there.
Only the most urgent exigencies were barely met by the division of the judicial functions hitherto discharged by a single praetor between two judges one of whom tried the lawsuits between Roman burgesses, and the other those that arose between non-burgesses or between burgess and non-burgess in 511, and by the nomination of four auxiliary consuls for the four transmarine provinces of Sicily , Sardinia including Corsica , and Hither and Further Spain . The far too summary mode of initialing processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
But the fact, which is distinctly apparent from the Caesarian municipal ordinance for Cisalpine Gaul, is a surprising one that the processes lying beyond municipal competency from this province went not before its governor, but before the Roman praetor; for in other cases the governor is in his province quite as much representative of the praetor who administers justice between burgesses as of the praetor who administers justice between burgess and non-burgess, and is thoroughly competent to determine all processes.
Only the most urgent exigencies were barely met by the division of the judicial functions hitherto discharged by a single praetor between two judges one of whom tried the lawsuits between Roman burgesses, and the other those that arose between non-burgesses or between burgess and non-burgess in 511, and by the nomination of four auxiliary consuls for the four transmarine provinces of Sicily , Sardinia including Corsica , and Hither and Further Spain . The far too summary mode of initialing processes in Rome, as well as the increasing influence of the official staff, are doubtless traceable in great measure to the practically inadequate numbers of the Roman magistracy.
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