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On Some questions of Roman Public Law
Published online by Cambridge University Press: 24 September 2012
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The proposals which were made at Rome from time to time to grant to “Latini” the privileges of the provocatio, wholly or in part, raise questions which touch closely the history of the evolution of constitutional and criminal law at Rome during the republican age. So far as is known, the first attempt to sever the provocatio from the general rights of the Roman franchise, and to bestow it on Italian allies, was made by M. Fulvius Flaccus, consul in 125 B.C. the associate of C. Gracchus, who perished with him. According to Valerius Maximus, ix, 5, 1, he introduced “perniciosissimas rei publicae leges (rhetorical plural) de civitate Italiae danda et de provocatione ad populum eorum qui civitatem mutare noluissent.”
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- Copyright © J. S. Reid 1911. Exclusive Licence to Publish: The Society for the Promotion of Roman Studies
References
page 70 note 1 This Gaius Scipio cannot be identified. The only Scipio who is likely to have been concerned between 89 and 59 in strengthening Comum is L. Scipio Asiagenus, consul in 83. The Greek writers, especially Appian, often give wrong praenomina. Thus Q. Caecilius Metellus Pius Scipio is repeatedly called Lucius by Appian.
page 74 note 1 The word τōῦτō has fallen out before τῶν.
page 88 note 1 The statement of Festus, 234, “complures leges erant in cives rogatae quibus sanciebatur poena verberum” is of course absurd.
page 94 note 1 They numbered 4,000; see Livy, xxviii, 28, 3. Frontin. iv, I, 38.
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