s consistency; even in the sixth
century the dependent communities of Italy were either, in order to
their keeping their municipal constitution, constituted as formally
sovereign states of non-burgesses, or, if they obtained the Roman
franchise, were--although not prevented from organizing themselves
as collective bodies--deprived of properly municipal rights, so that
in all burgess-colonies and burgess--municipia- even the administration
of justice and the charge of buildings devolved on the Roman praetors
and censors. The utmost to which Rome consented was to allow at
least the most urgent lawsuits to be settled on the spot by a
deputy (-praefectus-) of the praetor nominated from Rome.(40)
The provinces were similarly dealt with, except that the governor
there came in place of the authorities of the capital. In the free,
that is, formally sovereign towns the civil and criminal jurisdiction
was administered by the municipal magistrates according to the local
statutes; only, unless altogether special privileges stood in the
way, every Roman might either as defendant or as plaintiff request
to have his cause decided before Italian judges according to Italian
law For the ordinary provincial communities the Roman governor was
the only regular judicial authority, on whom devolved the direction
of all processes. It was a great matter when, as in Sicily, in the
event of the defendant being a Sicilian, the governor was bound by the
provincial statute to give a native juryman and to allow him to decide
according to local usage; in most of the provinces this seems to
have depended on the pleasure of the directing magistrate.

In the seventh century this absolute centralization of the public
life of the Roman community in the one focus of Rome was given up,
so far as Italy at least was concerned. Now that Italy was a
single civic community and the civic territory reached from the Arnus
and Rubico down to the Sicilian Straits,(41) it was necessary to
consent to the formation of smaller civic communities within that
larger unit. So Italy was organized into communities of full
burgesses; on which occasion also the larger cantons that were
dangerous from their size were probably broken up, so far as this
had not been done already, into several smaller town-districts.(42)
The position of these new communities of full burgesses was a compromise
between that which had belonged to them hitherto as allied states,
and that which by t