Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
topography; a clear-headed man like Sarti does not put all the
buildings in Rome of the different ages side by side, as the common
herd do. People fancied that the tribunes had the Veto, and likewise
the self-same privilege which they got afterwards, of proposing
resolutions; but the first tribunes are perhaps to be looked upon in
no other light but that of an ambassador in a foreign state, who is
to protect the subjects of his sovereign. The patricians had until
now wielded their power without any check; the plebeians had no share
in the administration: and therefore a magistracy became necessary
which might come forward as protectors against public authorities as
well as against individuals, whenever any members of their order had
to complain of ill usage. Their houses were therefore open by day and
night, and they were not allowed to absent themselves from the city:
like a physician they were always to be in readiness to give help. This
is a grand idea, quite peculiar to Rome; there is nothing analogous
to it in Greek antiquity. Besides this the tribunes had the right of
calling together their commonalty, and of making propositions;--yet
there are very few traces indeed of this in the earlier times. The
resolutions which the tribunes moved among the _Plebes_ were mere
bye-laws, rules at pleasure, _plebiscita_; whilst, on the other hand,
those of the patricians were called _leges_. To this allusion is made
in a passage of Livy, where the Etruscans say, that the Romans were now
two peoples, each of them _suis magistratibus, suis legibus_, a notice
of the importance of which Livy was entirely unconscious. He does not
in general alter the materials which he finds; but he merely drops
part of them. The _plebiscita_ had as yet no authority whatever over
the whole community; after more than twenty years they could only be
considered as an opinion offered by an assembly of states, which might
pass into a law (283). The only real magistracy among the plebeians
were the ædiles, a name which among the Latins also was borne by the
local magistrates. In all likelihood, these were judges in the disputes
of the plebeians among themselves; whereas the tribunes were no judges
in the earlier times, though perhaps there may have been an appeal to
them from the ædiles. No change was probably made at that time in the
civil law.
Public-domain text, read in full here on John Shaqi.
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