he earlier law would have belonged to them as
integral parts of the Roman community. Their basis was in general
the constitution of the former formally sovereign Latin community, or,
so far as their constitution in its principles resembled the Roman,
that of the Roman old-patrician-consular community; only care was
taken to apply to the same institutions in the -municipium- names
different from, and inferior to, those used in the capital, or,
in other words, in the state. A burgess-assembly was placed at
the head, with the prerogative of issuing municipal statutes and
nominating the municipal magistrates. A municipal council of a
hundred members acted the part of the Roman senate. The administration
of justice was conducted by four magistrates, two regular judges
corresponding to the two consuls, and two market-judges corresponding
to the curule aediles. The functions of the censorship, which
recurred, as in Rome, every five years and, to all appearance,
consisted chiefly in the superintendence of public buildings, were also
undertaken by the supreme magistrates of the community, namely the
ordinary -duumviri-, who in this case assumed the distinctive title
of -duumviri- "with censorial or quinquennial power." The municipal
funds were managed by two quaestors. Religious functions primarily
devolved on the two colleges of men of priestly lore alone known to
the earliest Latin constitution, the municipal pontifices and augurs.
Relation of the -Municipium- to the State
With reference to the relation of this secondary political organism
to the primary organism of the state, political prerogatives in
general belonged completely to the former as well as to the latter,
and consequently the municipal decree and the -imperium- of the
municipal magistrates bound the municipal burgess just as the
decree of the people and the consular -imperium- bound the Roman.
This led, on the whole, to a co-ordinate exercise of power by the
authorities of the state and of the town; both had, for instance,
the right of valuation and taxation, so that in the case of any
municipal valuations and taxes those prescribed by Rome were not
taken into account, and vice versa; public buildings might be
instituted both by the Roman magistrates throughout Italy and by
the municipal authorities in their own district, and so in other
cases. In the event of collision, of course the community yielded
to the state and the decree of the people invalid
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