A Manual of Ancient History: Particularly with Regard to the Constitutions, the Commerce, and the Colonies, of the States of AntiquityHeeren, A. H. L. (Arnold Hermann Ludwig)
History
A Manual of Ancient History: Particularly with Regard to the Constitutions, the Commerce, and the Colonies, of the States of Antiquity
Heeren, A. H. L. (Arnold Hermann Ludwig)
Geography, Ancient; History, Ancient
8. By the laws of the twelve tables the legal relations of the citizens
were the same for all; but as that code seems to have contained very
little in reference to any peculiar constitution of the state, the
government not only remained in the hands of the aristocrats, who were
in possession of all offices, but the prohibition, according to the new
laws of marriage between patricians and plebeians, appeared to have
raised an insurmountable barrier between the two classes. No wonder,
then, that the tribunes of the people should have immediately renewed
their attacks on the patricians; particularly as the power of those
popular leaders was not only renewed, but even augmented, as the only
limit to their authority was the necessity of their being unanimous in
their acts, while each had the right of a negative.
Besides the other laws made in favour of the people at the renewal of
the _tribunicia potestas_, 446, that which imported _ut quod tributim
plebes jussisset, populum teneret_, frequently renewed in subsequent
times, and meaning, in modern language, that the citizens constituted
themselves, must, it would appear, have thrown the supreme power into
the hands of the people; did not the Roman history, like that of other
free states, afford examples enough of the little authority there is
to infer from the enactment of a law that it will be practically
enforced.
9. The main subjects of the new dissensions between patricians and
plebeians, excited by the tribune Canuleius, were now the _connubia
patrum cum plebe_, and the exclusive participation of the patricians in
the consulship, of which the tribunes demanded the abolition. The repeal
of the former law was obtained as early as 445, (_lex Canuleia_;) the
right of admission to the consulship was not extended to the Plebeians,
till after a struggle annually renewed for eighty years; during which,
when, as usually was the case, the tribunes forbade the military
enrolment, recourse was had to a transfer of the consular power
to the yearly elected commanders of the legions; a place to which
plebeians were entitled to aspire, (_tribuni militum consulari
potestate._)--Establishment of the office of CENSORS, designed at first
for nothing more than to regulate the taking of the census, and invested
with no higher authority than what that required, but who soon after, by
assuming to themselves the _censura morum_, took rank among the most
important dignitaries of the state.
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