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
This was now the order of business. The tribunes made their proposals
of laws on a market-day. For, the people, _Populus_ as well as
_Plebes_, could not legally transact business on every day; the curies
and the centuries only on the _dies comitiales_; the tribes only on the
_nundina_; by the Lex Hortensia, it was first allowed to assemble also
the centuries on the nundines. The special expressions are, _populus
jubet_, _plebs sciscit_; but it was never said, _plebs jubet_, or
_populiscitum_. The _Plebes_ in former times assembled in the Forum,
afterwards in the _Area Capitolina_: the _Populus_ in the Comitium, or
in a grove outside the Pomœrium, the _Æsculetum_ or _Lucus Petelinus_.
In the _concilium plebis_, they voted _tabellis_; in the concilium of
the curies, _viva voce_. In the _concilium populi_, no previous notice
needed to be given. Nothing could be taken to the _Plebes_ direct from
the senate; the latter could only commission the consuls to confer
with the tribunes about any thing: the curies on the other hand could
do no business without a _senatus-consultum_, and in their assemblies
nothing could be brought forward without a curule magistrate or an
_interrex_: in the assemblies of the _Plebes_ these did not even dare
to show themselves.[98] If the tribunes wished to propose a law for
deliberation to the commons, they set it up in the forum _in albo, in
trinundinum_, that is to say, to be decided upon after fifteen days,
the first nundines being included with them. A _concio advocata_ could
take place at any time: the forum was full every day; the tribune might
mount the rostra and harangue the people, and also allow others to
speak, especially those who wished to make themselves heard against
his proposal (_edocere plebem_). Yet this deliberation is only a
preliminary, not a decisive one; as when, for instance, the English
Parliament goes into committee, or the French Chambers deliberate in
the _bureaux_: different from it is that which takes place on the
day of voting. Every resolution, as well of the _Populus_ as of the
_Plebes_, was to be carried before sunset; otherwise the day was lost.
Auspices were valid for the _Plebes_ only in later times; as for the
_Populus_, a flash of lightning, or a similar phenomenon, broke up the
assembly (_dies diffisus_). If the tribune had announced the rogation
_in albo_ fifteen days before the decisive debate came on, we generally
imagine the affair to have been more tumultuous than it was. People
assembled early in the morning; the discussion lasted the whole day;
one after another stood up to speak for and against; the opponents
tried _eximere diem_, that the measure might not be passed before
sunset; the sunset was seen from the steps of the Curia Hostilia,[99]
and the _suprema tempestas_ proclaimed. The tribune had now to
wait again eight days, and to make a fresh announcement _in trinum
nundinum_. This form must have been used from the very earliest times
Public-domain text, read in full here on John Shaqi.
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