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TOuching the franchises and liberties of the towns of Italy, and others in the dominions of the Roman Empire, called Municipia; it is to be noted,* 1.1 that according to Gellius, those were called Municipes, that being governed by their own laws, and their own Magistrates, were ne∣verthelesse
endowed with the freedome of Rome. And therefore Adrianus marvelled, that the Ita∣licenses and Uticenses did rather desire to be Co∣loni, and so tied to the obedience of forreign and strange laws, then to live in a Municipall State under their own Rights and Customes;* 1.2 and as Festus addeth, with the use of their peculiar rites for matter of Religion, such as they anciently used, before they were priviledged with the immu∣nities of Rome.
For the better understanding whereof, we are to observe, that there were degrees and differen∣ces of Municipall towns:* 1.3 for some had voices with the Roman people in all their elections and sus••rages; and some others had none at all. For Gellius in the same place saith, that the Cerites obtained the freedome of the City, for preserving the holy things of Rome in the time of the war with the Galles,* 1.4 but without voice in elections. And thence grew the name of Cerites Tabulae, wherein the Censors inrolled such as were by them for some just cause deprived of their voices. And the Tusculani, being at first received into the liberties of the City according to the admission of the Cerites, were afterward, by the free grace of the people, made capable of giving voices.
The means of obtaining this freedome was first and specially by Birth:* 1.5 wherein it was re∣quired (as may be gathered by Appius Oration) that both the Parents, as well the mother as the father, should be free themselves. Howbeit Ul∣pian writeth, that the son may challenge the freedome of the State, wherein his father lived and was free. So that the father being of Cam∣pania, and the mother of Puteolis, he judgeth the son to belong to Campania: According to that of Canuleius,* 1.6 That the children inherite the con∣dition of the father, as the head of the Family, and the better rule to direct in this behalf. Ne∣verthelesse Adrianus made an Act of Senate in favour of issue; That if the wife were a citizen of Rome, and the husband a Latine, the children should be Roman Citizens. And the Emperour Justinian caused it likewise to be decreed, that the mother being a free-woman, and the father a bond-man, the son should be free. Such as were thus born free were called Cives origi∣narii.* 1.7
The second means of obtaining this freedome was by Manumission, or setting bond-men at liberty: for in Rome, all men freed from bon∣dage were taken for Citizens; and yet rankt in the last and meanest order of the people.
The third means was by gift, or cooptation: and so Romulus at first inlarged and augmented Rome; Theseus, Athens; Alexander Mag∣nus,* 1.8 Alexandria, sited at the out-lets of Nilus; and Richard the first,* 1.9 London; by taking all such strangers into the freedome of the City, as had inhabited there for ten years together. The Emperours were profuse in giving this honour. Cicero slouts Caesar, for taking whole nations in∣to the freedome of the City;* 1.10 and Antony gave it to all that lived in the Roman Empire. Where∣upon, as Ulpian witnesseth, Rome was called Communis Patria. Popular States were more sparing in this kind; as may be deemed by the answer of one of the Corinthian Embassadours to Alexander:* 1.11 We never gave the freedome of our City (saith he) to any man but to thy self and Hercules.* 1.12 And untill Herodotus time, the Lacedemonians had never admitted any, but only Tisamenus and his brother.
The priviledges of this freedome were great;* 1.13 for the Citizens of Rome were held to be Ma∣jestate plenos. Is the best man of Gallia (saith Tully) to be compared with the meanest Citizen of Rome? And hence came that law, requiring, that the life of a Citizen should not be brought in question, but by the generall assembly of the peo∣ple.* 1.14 Venres having condemned one Cossanus, a Roman Citizen in Sicilia, Tully urgeth it as a matter unsufferable: Facinus est (inquit) vinciri Civem Romanum, scelus verberari, prope parricid••um necari, quid dicam in cru∣cem agi? It is a great crime to bind a Roman Citizen, an hainous wickednesse to beat him, lit∣tle lesse then parricide to kill him; what then shall I call the hanging of him? with many the like examples▪ besides the possibility they were in, if their sufficiency were answerable according∣ly, to become great in the State; and conse∣quently, Commanders of the Empire.
Municipes, Lib. 6. cap. 11.
Lib. 11.
Mu∣nici∣pi∣um. 〈…〉〈…〉.
C••••ites Ta∣bulae. Livie lib. 6.
Livie lib. 3.
Livie lib. 3.
Cives origi∣narii.
Polyder.
Virg.
1. Philip.
Seneca 1. de benefac. cap. 13.
Herod. lib. 9.
An quis∣quam am∣plissimus Galliae, cum insimo Cive Romano comparan∣dus est?
Cicero pro M. Font. De cipite Ci••is nisi per maximū commicia. tum, ollo••{que} quos censo∣res in parti∣bus populi locassint, ne ferunto. Cic. 3. de legib.