Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
Everything was granted; the _decemviri_ were forced by the Senate to
an unwilling abdication; the tribunate was re-established, and, as
no plebeian magistrate existed, the unusual step was taken of having
the election conducted by the _pontifex maximus_.[415] A resolution
was then elicited from the Plebs by the tribune Duilius that consuls
should be created subject to the right of appeal. It was accepted by
the Senate,[416] who appointed an _interrex_. The _comitia_ of the
centuries returned Valerius and Horatius. Under the guidance of the
consuls the assembly proceeded to pass a series of laws (the _leges
Valeriae Horatiae_) which more than satisfied the demands of the Plebs.
One guaranteed the perpetuity of the _provocatio_ by the enactment that
“no one should in future create a magistrate from whom there was no
appeal; any one who created such a magistrate should be protected by
no law sacred or profane and might be slain with impunity.”[417] The
law was evidently called out by the unlimited power of the decemvirate
which had just been abolished; it did more than merely affirm the first
_lex Valeria_,[418] for it rendered the creation of an absolute judicial
power by the _rogatio_ of a magistrate a capital offence, even when this
proposal had been accepted by the people. But the scope of the appeal
was not extended; the “creation” of a magistrate referred to election
sanctioned by the people, and did not, therefore, affect the right of
the consul to nominate a dictator from whom there was no appeal; nor did
it extend the limits of the appeal beyond the original boundaries—the
_pomerium_ or, at the utmost, the first milestone from the city.[419]
Public-domain text, read in full here on John Shaqi.
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