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
In sketching the invasion of office and honours by the plebeian nobles
we have ventured to anticipate somewhat the chronological sequence of
events. The commons, too, had during this period their share of political
emancipation. Thirty-nine years before the Ogulnian law something had
been done by legislation to increase the independence of the Plebs as a
corporation, and to free the assemblies of the Populus from the legal
control of the Patricians. In 339 B.C. a plebeian dictator, Q. Publilius
Philo, carried a law making _plebiscita_ binding on the people (_ut
plebiscita omnes Quirites tenerent_).[479] The meaning of this law was
clearly not understood by our authority. Its pretended wording is almost
identical with that of the Valerio-Horatian measures;[480] but what was
done on that occasion did not need repetition, and the object of the
Publilian law must have been to secure more immediate legal validity to
such measures passed by the Plebs as did not refer to that corporation
alone—to make, in fact, the stages of transition from _plebiscitum_ to
_lex_ a matter of formal and not of real importance.[481] Another law
passed by the same dictator had reference to the _patrum auctoritas_.
We have seen what this power had become, probably from the dawn of the
Republic.[482] It was a claim by the patrician members of the Senate to
accept or reject any measure of the Populus, when assembled by curies
or by centuries. It never affected _plebiscita_, and we know too little
of the _comitia tributa_ to say whether the measures of that body were
submitted to it or not;[483] the hampering of the _comitia curiata_ was
by this time of no importance, and the _lex Publilia_ confined itself
to the application of the _auctoritas_ to the centuries. By this law it
was enacted that the consent to laws passed by the _comitia centuriata_
should be given before the voting commenced.[484] This provision was
shortly afterwards (perhaps in 338 B.C.) extended by a _lex Maenia_ to
elections.[485] It is evident that neither of these provisions could
have made the _auctoritas_ nugatory, for it was not more difficult for a
section of the Senate to decline to submit a question to the people than
to reject it when passed. The provisions may, however, be a sign that the
_auctoritas_ was becoming a mere form; but its formal character was due
to the rapidly increasing preponderance of Plebeians in the Senate.
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