Life and literature in the Roman republicFrank, Tenney
History
Life and literature in the Roman republic
Frank, Tenney
Latin literature -- History and criticism; Rome -- Intellectual life
Cicero had only one brief opportunity to take the helm once more, and
then, in the war against Antony, during the last year of his life, the
state was in such confusion and under such stress of compulsion that
it is not easy to say what theory of the constitution Cicero actually
followed. During his unofficial leadership (he probably had frequent
occasion to think of himself as the _rector_ of his _De Republica_) the
senate carried on the war under a senatus consultum ultimum, which was
regular enough at times of internal disturbance. When it was necessary
to impose a direct tax upon all citizens—which had not been necessary
since 167—the senate seems to have voted the measure without reference
to the assembly. But this also, illogical as it may seem,[15] followed
precedent. Finally, it was the senate that annulled the legislation of
Antony, for which there was also an abundance of precedents. There was,
however, one piece of legislation during this period which betrays the
direction of Cicero’s thought. The _lex Vibia_,[16] an act to confirm
the legality of Caesar’s deed, was ordered to be submitted to the
_centuriate assembly_ on an _auctoritas senatus_, and this shows clearly
that the democratic constitution of Caesar’s régime was now out of favor.
The plebeian assembly could hardly have been slighted in this instance
through fear of the lower classes, for the measure was popular enough. It
was clearly a procedure which could only have meant that Cicero intended
the senate to control legislation by use of the most conservative
machinery provided by the old constitution of Rome. Cicero’s last acts
therefore reveal him even farther away from the democratic policy than
those of his consulship.
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