In Italy also there was doubtless the distinction between the higher and the lower kind of foedus—the foedus aequum and the foedus iniquum. In all treaties concluded between Rome and cities in her symmachy there was a recognition of partial dependence in the latter; but some of these treaties contained a "suzerainty" clause to the effect that the state in question should "in a friendly spirit respect the majesty of the Roman people." This clause did not diminish the libertas of the state accepting it, but merely strengthened the position of Rome.[1] It was a characteristic of the iniquum foedus.[2]
The duties of the federate cities expressed in their name (socii, [Greek: symmachoi]) were primarily the furnishing of requisitions whether in men or ships. The latter were demanded from the Greek cities of the coast, but Italy as a whole furnished the auxiliary land armies of Rome, the togati liable to the levy.[3] Every state had to keep a register of its effective strength in accordance with a principle of assessment (formula).[4] The general demands of Rome were specified in the treaties; the special levies required at any given time were dictated by the Senate and consuls.[5]
Military requisitions necessarily involve pecuniary burdens. But these were all indirect. Each city had complete control of its own finances; no tribute was imposed by Rome, and the antithesis to the socius is the stipendiarius.[6] This immunity was originally based on the theory of treaty relations; later, when the view had grown up that the tribute paid by the stipendiary states was the result of their precarious tenure as possessores, the Italians were held to be owners of their land. The jus Italicum of the Principate confers on any state to which it is granted quiritarian ownership, and, therefore, immunity from taxation on land.."]
- ↑ Dig. 49, 15, 7, 1 "hoc adjicitur, ut intellegatur alterum populum superiorem esse, non ut intellegatur alterum non esse liberum." Cf. Cic. pro Balbo 16, 35 "Id habet hanc vim, ut sit ille in foedere inferior."
- ↑ Dig. l.c. "is foederatus est item sive aequo foedere in amicitiam venit sive foedere comprehensum est ut is populus alterius populi majestatem comiter conservaret."
- ↑ Lex Agraria 1. 21 "socii nominisve Latini, quibus ex formula togatorum [milites in terra Italia inperare solent
- ↑ Liv. xxii. 57; xxvii. 10 "milites ex formula paratos esse."
- ↑ The number of troops required was decreed every year by the Senate (Liv. xli. 5 etc.), the consuls fixing the amount which each state was to send in proportion to its fighting strength.
- ↑ Cic. pro Balbo 9, 24.
